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Home My WebLink About1992-05-19 CC Packet ~ , Y0,~, 1~J{P AG EN DA STILLWATER CITY COUNCIL May 19, 1992 8:~ e REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL ~PPROVAL OF MINUTES - Special Meeting of April 28, 1992. Regular & Recessed Meetings of May 5, 1992. ~TAFF REPORTS NDIVIDUALS & DELEGATIONS 1. Ed Cain - Discussion, Seeking Federal Funds for City Projects. ~. Proclamation for Senior Center Week. e PUBLIC HEARINGS ~ 1. This is the day and time for the continuation of a Public Hearing to consider a Special Use Permit request to conduct a professional theatre along with the service of food & beverages at 324 So. Main St. (Grand Garage) in the CBD, Central Bus. Dist.; Case No. SUP/92-11, Robert Halverson, Applicant. Notice of the hearing was published in The Courier on April 9, 1992 and mailed to affected property owners. UNFINISHED BUSINESS c/" 1. Possible second reading of Amendment to Garbage & Refuse Ordinance regarding Change of Container Size by Residents. -..../ 2. Approve Contract with NSP for removal & replacement of lights along So. Main St. ~~. Approval of 1992 Labor Agreements for Police & Fire Bargaining Units. ~. Approval of Completion & Acceptance of Work for NSP Electric Utility Undergrounding. /5. Landscape Plan for Water St. Area Between Nelson & Chestnut Streets. NEW BUSINESS ~. St. Croix Valley Alano Society - Assessment Fees for Downtown Improvements. ~2. Approval of Downtown Banners Contract. ..............3. Possible reappointment of Don Jahnke to Board of Water Commissioners. tit ~. Request from Gordon Maltby for appointment to Parking Task Force. ~5. Curbside Recycling Agreement. 1 , " ~ Donation/Drop-off Celnter Agreement. ~7. Authorization to Obtain Appraisals for the land Adjacent to Stillwater Yacht Club and (Soul e) House on No. Third St. e ~ Possible First Readi g of Amendment to Wild Animal Ordinance. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) ~NSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 92-110) 2. Applications (list to be supplied at meeting). 3. Ratification of Council Poll, May 13, 1992 Re: Setting May 19, 1992 Meeting Time at 8:00 P.M. 4. Ratification of Council Poll, May 14, 1992 Re: Setting May 18, 1992 as Special Joint Council Meeting with Oak Park Heights. 5. Submission of Claim for injuries from fall on City sidewalk, from Elaine Whinnery, to Insurance Co. 6. Submission of Claim for damage to property at 305 So. Water St., Robert W. Sabes, Claimant, to Insurance Co. 7. Submission of Claim for damages to property at Grand Garage due to street construction. ~ 8. Request for Banner t Main & Myrtle Sts. by St. Michael.s Church announcing Church Festival on June 28. 9. Set Public Hearing date of June 2, 1992 for the following Planning Cases: a. Case No. BM/92-20 - Building-Moving Permit to move a single-family residence from the corner of Pine & Fifth Streets to the southeast corner of Cherry & Everett Streets, (lots 6,7,8 & 9, Sabin's Add.) one block north of W shington School, located in the RB, Two Family Residential Dist., Hope House of St. Croix Valley, Applicant. b. Case No. V/92-22 - Variance to the corner sideyard setback requirements (30 ft. required, 24 ft. proposed) for a house located one block north of Washington Sch 01 on the southeast corner of Everett & Cherry Streets in the RB, Two-Family Dist., Hope House of St. Croix Valley, Applicant. c. Case No. SUP/92-14 - Special Use Permit to construct a pool & office addition to the e isting Stillwater Sr. H.S. along with a parking lot at 523 W. Marsh St. in the RB, Two-Family Residential Dist., ATS & R Architects, Applicant. d. Case No. V/92-16 - Variance to the Sideyard setback requirements for the construction of a garage (20 ft. required, 16 ft. requested) located at 726 W. linden St. in the RB, Two-Family Residential Dist., Richard Orthmeyer, Applicant. e. Case No. SUP/92-17 - Special Use Permit to conduct an office/counseling center at 375 E. Orleans St., Stillwater Clinic, (7,289 sq. ft.) in the RB, Duplex Residential Dist., Human Services, Inc. of Washington County, App 1 i can t. e 2 't f. Case No. V/92-18 - Variance to the Bluffland/Shoreland Ordinance to construct a single-family residence on slopes of greater than 12% for property located at 14490 Dellwood Rd. in the RA, Single-Family Residential/Bluffland/Shoreland Dist., Dennis Evavold & Gail Englund, Applicants. g. Case No. V/92-21 - Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in the RB, Two-Family Residential Dist., Michelle Elliott, Appl icant. ~~CIL REQUEST ITEMS e STAFF REPORTS (Continued) ~MMUNICATIONS/REQUESTS . 1. Request for funding from St i llwater Area Chamber of Commerce. Stillwater Post Office - Request for IINo Parkingll sign and repair of lawn & 1 andscaping. Request for return of Police Investigation Fee from David Rochlin, Glow Necklaces. A ..---a--. /4. /5. /6. e ./'J . e GAB - Settlement of Claim with Vern Wallin. David Wettergren, Supt. of Schools - Interagency-Governmental Meeting. Metro Waste Control - Budget Breakfast Meetings. Pat Erlandson, WALKAMERICA - Thank you for help with Walk-a-Thon. I QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT Possible Adjournment to Executive Session. 3 STILLWATER CITY COUNCIL MINUTES e SPECIAL MEETING April 28, 1992 4:30 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim, and Mayor Abrahamson Absent: Councilmember Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Recording Secretary Schaubach Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Jim Junker, Deb Junker, and Chad Junker DISCUSSION WITH JUNKER SANITATION e City Coordinator Kriesel addressed the problem of dumping of brush at the City dump site. Jim Junker stated that the dump was opened as a service to the citizens for dumping brush on Saturday mornings, but others, such as the County, the School District and residents of other communities have been using the dump and the problem i~ getting out of hand. Council discussed various options such as phasing out the use of the dump. Mr. Junker will work with the City attorney on a new ordinance restricting use of the dump to City residents only. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to open the City dump on the first Saturday of every month from April through November from 8:00 a.m. to 12:00 noon for dumping of brush only, and to have a police officer on the site to ensure that only Stillwater residents are using the dump, and to also have an officer at the site this weekend for the City clean-up. (All in favor) Council also discussed Mr. Junker's proposal for a bag system as opposed to a sticker system for extra household waste. Mr. Junker stated that he is concerned that stickers will be lost or stolen. Council agreed that the bag system would be more efficient provided the bags could be sequentially numbered for accounting control. e Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve use of the bag system, that th~ City will share in the cost of the bags with Junker Sanitation, that there will be a "no refund" policy for sale of the bags to citizens, and that the bags will be sequentially numbered. (All in favor) 1 stillwater City Co ncil Minutes Special Meeting April 28, 1992 e Motion by Councilm mber Opheim, seconded by Councilmember Funke to approve a spe ial mailing of the City newsletter to explain the new dump polic. (All in favor) RECLASSIFICATION 0 KEN KRESS Motion by Councilm mber Opheim, seconded by Councilmember Funke to adopt the appro riate resolution reclassifying Ken Kress as a Light Equipment Op rator. (Resolution No. 92-100) Ayes - Councilmemb rs Bodlovick, Funke, Opheim, and Mayor Abrahamson Nays - None CLAIM AGAINST CITY BY ST. CROIX OUTFITTERS Motion by Counci member Opheim, seconded Bodlovick to sub it the claim against the Outfitters to the ity's insurance carrier. by Councilmember City by st. Croix (All in favor) RE UEST TO HOLE COVERS Motion by Counci Funke to sell two in favor) Bodlovick, seconded by Councilmember covers ,to Donald Teske for $100. (All e CHANGE ORDER #13 Motion by Counci member Bodlovick, seconded by Councilmember Opheim to approve Change Order #13 in the amount of $18,450.00. (All in favor) SUPPLEMENTAL AGREE 8 Motion by Council seconded by Councilmember Opheim to approve Suppl mental Agreement No. 8 in the amount of $31,952.90. (All on favor) FIRE CONTRACTS Motion by Counci member Bodlovick, seconded by Councilmember Funke to approve he extension of the current fire contracts to June 30, 1992. 1 in favor) CAPITAL OUTLAY RE EST BY STILLWATER PUBLIC LIBRARY Motion by Counci member Bodlovick, seconded by Councilmember ~ Opheim to approv the capital outlay request by the Stillwater ~ Public Library for video display racks and a FAX machine. (All in favor) 2 e e e stillwater City Council Minutes Special Meeting April 28, 1992 GREENSPACE CLEAN-UP DAY Motion by Councilmember Opheim, seconded by Counci1member Funke to authorize the Public Works Department to work with the volunteer committee to clean up the Cherry Street ravine and to declare May 9th Greenspace Clean-up Day. (All in favor) REQUEST FROM STILLWATER TOWNSHIP Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to direct the Community Development Director to draft an appropriate response to the Stillwater Township Board's request to amend the City's comprehensive plan. (All in favor) UTILITY PAYMENT BOX Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the purchase of a utility payment box. (All in favor) REQUEST FROM DICK COOL Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution approving the request by Dick Cool to send a letter of suppott for his reappointment to the Minnesota-Wisconsin Boundary Area Commission. (Resolution No. 92-102) Ayes - Councilmembers Bodlovick, Funke, Opheim, and Mayor Abrahamson Nays - None SPECIAL ASSESSMENT POLICY AND PAVEMENT MANAGEMENT PROGRAM City Coordinator Kriesel reviewed the first draft of a proposed special assessment policy. Staff will continue to finalize the policy and Council will hold a public hearing when the policy and pavement management program are complete. QUOTES FOR FENCE FOR CITY DUMP SITE Motion by Councilmember Opheim, seconded by Councilmember Funke to accept the quote from Modern Fence for $5694 for a 7 foot, 4 inch high fence for the old City landfill. (All in favor) ADJOURNMENT Motion Funke by Councilmember Bodlovick, seconded by Councilmember to adjourn the meeting at 6:40 p.m. (All in favor) 3 stillwater City Co ncil Minutes Special Meeting April 28, 1992 ATTEST: Resolutions: MAYOR CI Y CLERK No. 92-100 - Recla sifying Ken Kress No. 92-102 - Suppo ting Dick Cool for Boundary Waters Commission Submitted by: Shelly Schaubach Recording Secretar 4 e e e e e e .' "' REGULAR MEETING STILLWATER CITY COUNCIL MINUTES May 5, 1992 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 4:35 P.M.) and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Building Official Zepper Public Works Director Junker Police Chief Beberg City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Barry Staberg, Bob Raleigh. 1. Board of Review - Wrap-Up Meeting. Barry Staberg, representing the Washington Co. Assessor's Office, was present to summarize the minor adjustments made in property assessments. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution certifying changes made by the Board of Review for certain property assessments. (Resolution No. 92-103) Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None (Councilmember Opheim arrived at 4:35 P.M.) STAFF REPORTS 1. Finance Director - No Report. 2. Police Chief - Promotion of David Roettger to Patrol Sergeant Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution promoting David Roettger to Patrol Sergeant, effective June 1, 1992. (Resolution No. 92-104) 1 Stillwater City Council inutes May 5, 1992 Regular Meeting Ayes - Councilmembers Bo lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Appointing Officer S.evert to the Narcotics Task Force. Motion by Councilmember pheim, seconded by Councilmember Funke to support Police Chief Beberg's re ommendation to appoint Police Officer Arthur Sievert to the Narcotics Task Fo ceo (All in favor). Discussion of Downto Possible Ordinance P Parkin of Boat Trailers in Downtown Area. Council concurred wi h this suggestion. Possession of Open C ntainer of Alcohol on City Streets Clty Attorney Magnus n wlll draft an ordinance similar to the sample copy presented. Ordinance Requirin ive Band Permit Discussion involved etting input from citizens. City Attorney Magnuson and Comm. Dev. Direc or Russell will review this item. Land Use Permit for Extensive discussion Pappy's lease, the G scheduled for May 19 issues. 3. Public Works Directo Advertisement for Fo Motion by Councilmember the Public Works Directo Public Works and Parks D Repair of South Main Discussion followed stated the project i the project. Bids w ulberry Point Re: Drinkin followed regarding the issue with Popeye's/P.D. zebo, and boat launch. An Executive Session has been after the Regular Meeting to further discuss these r Part-Time People for Public Works/Parks unke, seconde by Councilmember Opheim to authorize to advertise for four part-time people for the partments. (Allin favor). St./Aiple Lift Station egarding the repalr of this Lift Station. Mr. Moore in two parts with the pumps being a separate part of 11 have to be taken for their repair. Motion by Councilmember odlovick, seconded by Councilmember Funke to authorize the Consulting Engineer to draft specifications for the South Main St./Aiple Lift Station a d advertise for bids. (All in favor). Discussion followed egarding taking bids and signing a contract for the Aiple Lift Station p mps before June 1 in order not to pay sales tax. City Attorney Magnus n will research this item. 2 r ,. e e e e - e " Stillwater City Council Minutes May 5, 1992 Regular Meeting 4. Community Development Director - Renewal of Special Use Permit for Stillwater Trolley Mr. Russell summarized the case by stating that this is an annual review and there have been no problems. Mr. Raleigh agreed to the conditions. Mr. Raleigh requested a special place for the trolley to park -- yellow curb, signage, etc. because cars are parking next to the ticket booth. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the renewal of the Special Use Permit for the Rivertown Trolley activities as conditioned, Case No. SUP/89-26, Robert Raleigh, Applicant. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the placement of a "No Parking" sign and painted yellow curb, from 8:00 A.M. to 8:00 P.M. next to the Trolley Ticket Booth, 150 ft. east of the intersection of Water & Nelson Streets. (Resolution No. 92-105). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Letter to Gov. Carlson Re: Bridge. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the letter drafted by Mr. Russell supporting the bridge, and authorizing its submission to Governor Carlson. (All in favor). Letter to School Dist. Re: Parcel "0" adjacent to Washington School Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize the Mayor's signature on a letter to the School Board indicating the City's interest in Parcel "0" in the vicinity of Washington School for Open Space use. (All in favor). 5. Consulting Engineer - Advertisement for Bid, L.I. 282, Green Twig Way Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution approving plans and specs and authorizing the advertisement for bids for L.I. 282, Green Twig Way. (Resolution No. 92-106) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Change Order No. 14, L.I. 257, Downtown Improvements Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve Change Order No. 14 in the amount of $11,065 for paving on Main St., L.I. 257. (All in favor). 3 Stillwater City Council inutes May 5, 1992 Regular Meeting 6. Building Official - Placement of Intern n Buildin Dept. Motion by Councilmember odlovick, seconded by Councilmember Funke to approve the appointment of Beth ellner Diem as an Intern in the Building Dept. with no cost to the City. (A 1 in favor). 7. City Attorney - Mr. Magnuson request an Executive Session following the evening meeting and Council concurre . 8. City Clerk - Addition of Claim to Consent Agenda from LuLu Hill, 916 Laurel St. Ms. Johnson requeste this item be included with the Consent Agenda at the evening meeting and ouncil concurred. Donation of Microfil Ms. Johnson reported used Microfilm Reade a thank you be sent. Reader from "Wordsmi th" that Mary Schmoeckel from "Wordsmith" had donated a for use in the City offices. Council directed that 9. City Coordinator - Bids received for F. .0. 1952 Fire Truck Motion by Councilmember odlovick, secon ed by Councilmember Funke to accept the bid from the Denniso , Minnesota Fire Dept. in the amount of $2,251.50 for sale of the 1952 Fire Tr ck. (All in favor). Approval of Cellular Motion by Councilmember the purchase of a cellul in favor). Phone for Public Works Director1s Vehicle phelm, secon e by Councllmember Funke to authorize r phone for the Public Works Director1s truck. (All Sale of Used Manhole Motion by Councilmember authorize the sale of tw $100.00. (All in favor). Covers unke, seconded by Councilmember Bodlovick to used manhole covers to Don Teske in the amount of RECESS Motion by Councilmember the meeting at 5:45 P.M. odlovick, seconded by Councilmember Farrell to recess (A 11 in favor). MAYOR ATTEST: CITY CLER 4 t' e e e e It e '. Stillwater City Council Minutes May 5, 1992 Regular Meeting Resolutions: No. 92-103 - Certifying Assessment Changes by the Board of Review. No. 92-104 - Appointing David Roettger as Patrol Sgt. No. 92-105 - Placement of Trolley Parking Signage. No. 92-106 - Authorizing Ad for Bids for L.I. 282, Green Twig Way 5 'e e e RECESSED MEETING STILLWATER CITY COUNCIL MIN UTES May 5, 1992 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Plan. Com. Chair Fontaine Police Chief Beberg Police Officer Miller City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Others: Nancy Stone, Cara Capuzzi, Davin Miller, Explorer Post No. 521, Ned Windmiller, Mike McGuire, Pete Bergerson, Rick Sowers, Leonard Feeley, Tim Stefan, Jim Lammers, Don Anderson, Jim Gannon, M~. & Mrs. Rousseau. APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of April 14, 1992 and Regular Meeting of April 21, 1992 as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Recognition of Law Enforcement Explorer Scouts. Council recognized the achievements of the Law Enforcement Explorers who recently competed at their conference at Breezy Point and Advisor Davin Miller distributed their certificates. Cara Capuzzi, President of Law Enforcement Explorer Post No. 521, honored Advisor Davin Miller by presenting him with a plaque naming him "Ass. t. Explorer Post Advisor of the Year" and Council added their congratulations. Motion by Councilmember Opheim, seconded by Councilmember Farrell directing Staff to prepare a Certificate of Appreciation for Officer Davin Miller. (All in favor). 1 Stillwater City Council Minutes May 5, 1992 Recessed Meeting e Carol Howard, Emplo ee of the Year Councilmember Bodlo ick, on behalf of the Council, congratulated Carol Howard, who has been employed by Hooley's for 26 years, on being named "Employee of the Ye r" by the Sunrise Rotary. 2. Subpoena - Cou ar C se Rick Sowers and Pete Bergerson served a subpoena on certain members of Council and Staff f r a Thursday morning court date. Nancy Stone, Request for Variance, Case No. V/92-19 Nancy Stone was pres nt to request a Variance for the construction of her house at 420 W. Linden St. without going through the usual Planning process and waiving the public hearing. She stated she has contacted all the neighbors and received their permission. Comm. Dev. Director Russell explained the normal review process and stated that the neighbors would not be notified of the variance if the Council chooses to accept her 4It request. Ms. Stone tated that the reason for the variance is to save a black walnut tree. ity Attorney Magryuson explained that the house is proposed to be situa ed over a private waterline. Ms. Stone stated she would be willing to pay for a new water easement for the relocated water line, which shall be given to Glen Cox, 417 W. Cherry St. Motion by Councilmember odlovick, seconded by Councilmember Opheim to approve the request for a Varian e to extend a 7 ft., 8 in. x 3 ft., 4 in. addition at 420 W. Linden St., with the condition that a new water easement for the relocated water line sha 1 be given to Glen Cox, 417 W. Cherry St., the new water line rerouted and 'nstalled at the applicant's expense, and that no substantial damage would happen from this request, Case No. V/92-19, Nancy Stone, Applicant. (All in favor). PUBLIC HEARINGS 1. This is the day and ime for the continuation of the Public Hearing to consider a Special U e Permit to conduct a mini-golf course on a commercial lot locat d at 501 No. Main St. in the CBD, Central Bus. Dist., Case No. SUP/92-9, M rk Haberman, Applicant. Notice of the he ring was published in The Courier on April 2, 1992 and mailed to affect d property owners. Mr. Russell explaine that the applicant did not appear at the-Planning Commission and Mr. R ssell recommended denial of the request. Also, the 2 e e Stillwater City Council Minutes May 5, 1992 Recessed Meeting applicant was not present at the City Council meeting. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Funke to deny the request for a Special Use Permit to conduct a mini-golf course on a commercial lot located at 501 No. Main St. in the CBD, Central Bus. Dist., Case No. SUP/92-9, Mark Haberman, Applicant. (All in favor). 2. This is the day and time for the Public Hearing to consider a Special Use Permit to conduct a sign production & sales outlet in the east half of a steel building at 501 No. Main St. in the CBD, Central Business Dist., Case No. SUP/92-10, Daniel A. Nelson, Applicant. Notice of the hearing was published in The Courier on April 23, 1992 and mailed to affected property owners. Mr. Russell explained this request is to open a sign sales & production shop out of a metal building on No. Main St. The Planning Commission unanimously approved the request. Mr. Fontaine stated the Commission had a concern regarding flammable materials and stated the Fire Chief should inspect the storage of these materials. The applicant agreed to all conditions and Mayor Abrahamson closed the public hearing. ,~ Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the request for a Special Use Permit to conduct a sign production & sales outlet in the east half of a steel building at 501 No. Main St. in the CBD, Central Business Dist., as conditioned, Case No. SUP/92-10, Daniel A. Nelson, Applicant. (All in favor). 3. This is the day and time for the Public Hearing to consider a Minor Subdivision for a 14.96 acre lot into two lots of 4.28 acres & 10.68 acres of Outlot B on the northwest corner of Curve Crest Blvd. & Northwestern Ave. in the BP-I, Business Park Indus. Dist., Case No. SUB/92-12, Ned Windmiller, Applicant. Notice of the hearing was published in The Courier on April 23, 1992 and mailed to affected property owners. Mr. Russell stated this request is to subdivide the 15 acre parcel into two lots of 4.28 and 10.68 acres with access to both lots being provided from Curve Crest Blvd. and, eventually, W. Orleans St. when constructed. Mr. Fontaine stated the request was approved unanimously. Leonard Feeley, 183 Cottonwood Ct., stated concerns regarding traffic flow and because of this, objects to the request. e 3 Stillwater City Council inutes May 5, 1992 Recessed Meeting e Ned Windmiller, 1701 Curve Crest Blvd., stated there are no immediate plans for the additi nal lot. The Stillwater Clinic will be built on the Curve Crest site. Mayor Abrahamson clo ed the public hearing. Motion by Councilmember unke, seconded by Councilmember Opheim to adopt the appropriate resoluti n approving a Minor Subdivision for a 14.96 acre lot into two lots of 4.28 ac es & 10.68 acres of Outlot B on the northwest corner of Curve Crest Blvd. & N rthwestern Ave. in the BP-I, Business Park Indus. Dist., as conditioned, C se No. SUB/92-12, Ned Windmiller, Applicant. (Resolution No. 92-109) Ayes - Councilmembers Bo lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. This is the day and Permit to sell popco Main St. in the CBD, Pettersen, Applicant Notice of the he and mailed to affect Mr. Russell stated t Harvest States on So Harvest States to do approved the request Motion by Councilmember Special Use Permit to se 401 So. Main St. in the SUP/92-13, Mark A. Pette ime for the Public Hearing to consider a Special Use n & pop from a 1926 Model T. Ford Truck at 401 So. Central Bus. Dist., Case No. SUP/92-13, Mark A. ring was published in The Courier on April 23, 1992 d property owners. e e request is to locate a popcorn wagon in front of Main St. The applicant has received permission from this. Mr. Fontaine stated the Planning Commission Mayor Abrahamson closed the public hearing.' unke, seconded by Councilmember Farrell to approve a 1 popcorn & pop from a 1926 Model T. Ford Truck at BD, Central Bus. Dist., as conditioned, Case No. sen, Applicant. (All in favor). UNFINISHED BUSINESS 1. Possible second read'ng of an Ordinance prohibitin the operation of Skateboards, Scooter & Roller Skates within certain areas of the City. Mr. Magnuson explain d that this ordinance would allow the City to enact a resolution covering ther areas of the City if they become a problem. Also, on-line roller skates was added to the list. 4 e e Stillwater City Council Minutes May 5, 1992 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of an ordinance, "Prohibition of the Operation of Skateboards, Scooters & Roller Skates within Certain Areas of the City". (Ordinance No. 759) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Modification to approval for Resubdivision at 1417 W. Pine St., Case No. SUB/89-81. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the request for a modification of approval for Subdivision of lot at 1417 W. Pine St. (Resolution No. 92-108) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None .e 3. Review of Special Use Permit and Conditions of Approval for Popeye1s, Case No. MOD/SUP/87-28. Motion by Councilmember Opheim, seconded by Councilmember Funke to table the discussion of a six months' review of Popeye's Special Use Permit, MOD/SUP/87-28 until the May 19, 1992 meeting. (All in favor). Discussion of Auto Repair Shop on Ramsey St. A short discussion ensued regarding a home auto repair shop on Ramsey St. off of Greeley St. A limit was imposed of repairing only three cars at a time and the individual has been repairing many more cars. Comm. 'Dev. Director Russell and City Attorney Magnuson will review this case. 4. Contract with Stefan Associates for work on Lowell Park Plan. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Agreement with Stefan Associates to assist Staff in preparation of the Levee Wall/Lowell Park Plan. (All in favor), NEW BUSINESS 1. Application by St. Croix Boat & Packet Co. for Dock Permit Renewal. Mr. Kriesel stated the Port Authority recommended approval of the permit with the following five changes: 1. Increase total fees to $3,750; 2. Permitted boats are specified by name & capacity; 3. Transient boats are defined; 4. "Bareboat" charters are allowed if trip origination takes place on docks other than the Anderson's; and 5. A termination clause was added. e 5 Stillwater City Council inutes May 5, 1992 Recessed Meeting Jim Lammers, clients will City rules. He stat Boats and "Bareboat II Lammers further stat parking space to tak that paragraph #12 b Mike McGuire, repres history of parking i regarding parking is Anderson's operation same. Motion by Councilmember Dock Permit for the St. defining "transient" boa spaces shall be provided Bluffland/Shoreland ordi e ting the St. Croix Boat & Packet Co., stated his the DNR & Army Corps of Engineers' rules as well as d his clients object to the definition of "transient" charters. Discussion followed on this item. Mr. d his clients are proposing to acquire additional care of this situation. Therefore, he requested removed or redefined. Discussion followed. nting the Dock Cafe & Brick Alley, summarized the the area and stated he was severely regulated ues when developing his property. He said the has expanded and everyone should be regulated the unke, seconded by Councilmember Opheim to approve roix Boat & Packet Co., excluding Item No. 12, s, with the provision that 20 additional parking and the operation shall be subject to the ances and City review. (All in favor). the Council recommended hat the seating capacity of the boats should be reviewed when renewi g the permits for next year. e Council recessed for ten minutes and reconvened at 8:50 P.M. \ 2. Review of St. Croix Mr. Russell presente DNR in the Rousseau Boundary Commission. suggestions for zoni iver View Study. this study which was required as a condition of the ase. The study has been forwarded to the DNR and The Planning Commission reviewed it and made some g amendments. Motion by Councilmember pheim, seconded by Councilmember Funke to accept the Stillwater St. Croix Riv r View Study with Council discussion at a future date. (All in favor). Pat Rousseau, 120 La eside Dr., commented that the City represents the citizens and plays a important part in doing so. 3. 4. Report on Perro Pond Mr. Russell presente Consulting Engineer the City makes to th Banners Contract. Downtown Banners Contract was continued until the the report on Perro Pond which is located in Bayport. oore discussed the small amount of water contribution watershed district affecting the pond. -rhe Middle 6 e e e e Stillwater City Council Minutes May 5, 1992 Recessed Meeting River Watershed Management Organization will be meeting soon to further discuss this issue. No action was taken. 5. Letter to Downtown Business Owners regarding Trash Storage. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize sending the letter, as drafted, by Mr. Russell to the Downtown businesses. (All in favor). 6. Request to include Liquor License question on Sept. 15 Primary Election Ballot. Motion by Councilmember Opheim, seconded by Councilmember Funke to set a Public Hearing for June 16, 1992 on whether or not to put the Liquor License question, regarding creation of additional liquor licenses, on the September 15 Primary Ballot. (Allin favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the Consent Agenda of May 5, 1992, including the claim from LuLu Hill for a sewer back-up, and the following items: (All in favor). 1. Directing Payment of Bills. (Resolution No. 92-101). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Contractor1s LeRoux Excavating, Inc. 2104 64th Street White Bear Lake, Mn. 55110 L. , lcenses. Excavators Rene\'Ia 1 Joe Miller Excavating 8644 Fawn Lake Dr. N.E. Stacy, Mn. 55079 Excavators New Parent Painting 702 No. Martha St. Stillwater, Mn~ 55082 General Contractor Renewa 1 Peterson Contractors 1919 W. Pine St. Stillwater, Mn. 55082 General Contractor Renewa 1 Bill Wolfe Excavating, Inc. 15567 Jeffrey Ave. Hugo, Mn. 55038 Excavators Renewal 3. Claim for Sewer Back-up, LuLu Hill, 916 Laurel St. 7 Stillwater City Council inutes May 5, 1992 Recessed Meeting e COUNCIL REQUEST ITEMS Counci1member Bod10vick initiated discussion of the number of Permit Parking places in th River Lot from the Bridge to the Dock Cafe. Mr. Russell explained th t the Parking Task Force has reviewed it and are reducing the number f Permit Parking spaces to allow others to park there. Counci1member Funke uggested a Workshop be scheduled for May 19 with Ed Cain to discuss the ity seeking Federal funds. It was decided to place this issue on the Ma 19 Agenda. Ea 1e Rid e Trail Tr ffic Problem Motion by Counci1member pheim, seconded by Counci1member Farrell directing Staff to study the traff'c problems on Eagle Ridge Trail. (All in favor). Deerpath & Myrtle St. Traffic Problems Motion by Counci1member pheim, seconde by Counci1member Funke directing Staff to study the Deerp th and Myrtle St. intersection traffic problems. (All in favor). Motion by Counci1member the appropriate reso1uti limit on Myrtle St./Coun (Resolution No. 92-107) pheim, seconded by Counci1member Farrell to adopt n resubmitting a request to Mn/DOT for a lower speed y Rd. 12 between Northland Ave. and the City limits. \ e Ayes - Counci1members Bo lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None STAFF REPORTS (continued Community Deve10pmen Letter to Stillwater Mr. Russell will wri amendment will be pa Director - Township Re: City Comprehensive Plan e a letter to the Township indicatlng t of the upcoming major comprehensive the requested p1 an amendment. Official Seal for Se quicentennia1 Promotion Motion by Counci1member unke, seconded by Counci1member Opheim to approve the request to declare the s ggested logo as the "official Sesquicentennial logo for the City of Stillwat r". (All in favor). It was reported that Anita Buck will not be chairing the Sesquicentennial Committee and Counci suggested that interested persons should contact the City. City Coordinator - First Reading of Ord'nance Amendment to Garba e Ordinance 8 e ~ ' - e e . Stillwater City Council Minutes May 5, 1992 Recessed Meeting Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to have a first reading of an ordinance, by Title, amending Chapter 30.01, Garbage, regarding the change of container size by residents. (All in favor). COMMUNICATIONS/FYI 1. Chamber of Commerce - Response to request for funding of July 4th Fireworks Display. Council noted this communication. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to recess the meeting at 9:40 P.M. to Executive Session. (All in favor). MAYOR ATTEST: CITY CLERK Resolutions: No. 92-101 - Directing Payment of Bills No. 92-107 - Requesting Mn/DOT to Lower Speed Limit on Co. Rd. 12/Myrtle St. No. 92-108 - Approving Resubdivision t 1417 W. Pine St. Ordinances: No. 759 - Amending Chap. 51.12, Prohibiting Skateboards, etc. 9 e e e TO: FR: MEMORANDUM Mayor and City Council ~~ Diane Deblon, Finance Director DA: May 15, 1992 RE: UTILITY BILL ADJUSTMENTS The following are requests for and recommendations made for utility bill adjustments: Description 1. High water usage but not water leakage problems, estimates for two prior quarters that included yard sprinkling. 2. Water pipes froze and broke. 3. Leaky toilet that has been fixed. 4. Leaky toilets that have been fixed. 5. Leaky toilet that was fixed. Recommendation Reduce future billing to 25 gal./qtr. based on prior history. Reduce future billing to 10 gal./qtr. (minimum charge) based on prior three year average of 7 gal./qtr. Reduce future billing to prior 3 year average of 17 gal./qtr. New occupant on 9-9-91 and no history available for this occupant. Meter read on 5-15- 92 and usage was 10 gal. from 4-10-92. Reduce future to 30 gal. / qtr. based on current usage. New occupant rate would have been 25 gal./qtr. Reduce future billing to 10 gal./qtr. based on prior 3 year average of 9 gal./qtr. )ate ;1-94 ,~ 1-94 '.1-94 , 1-93 !1-93 193 . 1-93 / Remarks 1-92 ;1-92 -1-92 4 30-ft^-f?!,oi) 3 '"34--0 ~ - 1-92 I 'D,..1-91 1....1-91 ~ 1-91 Lj..9-9) ..II {/l) l. ' - 1-91 ;-1-90 'J~1-90 i .r:;.~ 2:> 177 wt Reading Difference ~I~ ~_~ ~~j -:>0// /1 ?( ~ ?-' -I- / '2- '3r p --20 .~. 2.IJ~-i -2-4-./, I ~ J 2-t /1 ,., L ') t~c..?:b<::;;4' ( 4 7 t3'- 2-~ // I 2. 5 J3 // .... I 0 2 2 b ./ Date July 1.90 Apr. 1.90 Jan. 1.90 Oct. 1-89 July 1-89 Apr. '.89 Jan. '.89 Oct. 1-88 July 1-88 Apr. 1:88 Jan. '.88 Oct. '-87 July 1-87 Apr. '-87 Jan. ,.87 Oct. 1-86 July 1-86 l ,1 ...-.- 1\ Remarks (j) e 20 177 Reading Difference I VI ') / .' .6 ,. // . a 7~ '~. Iv .' ",." "'zo :2 6 -> t::. . ...... 043 ' I ,.. ,....>'0# 4-fJ /' t--- 7 ~ / -,/,>" ,./ e ,'J'.-' ~:;/ ..'~ ~_;' .f',\ "';0\ / 7 J .' . E.-25/ --- e ~ e 9 'l70 e,' .. Date Remarks Reading Difference July 1-94 I\pr, 1-94 lan, 1-94 )et. 1-93 July 1-93 A.pr. 1-93 Ian. 1-93 Jet. 1-92 -92 ',~_r;.,?;: .ne t'.W P;f'(')tJ B!-IIIIf. :) ,'1' ~"'xFf0:j, Apr. .1-'l~,,, /)(5'( DP'JI;d-~ 6 I f~~:~~_' .', .:'., :~~: .. :J I 7 / Ian. 1-92 3 I:) 'Jet: 1-91 () , '2 3 ({ , .~ ,/. (, I I ) q ,J July 1-91 /' v ,- Apr. 1-91 !\ J b ! ",.--;;-1"'4 .~{..:.'-:'~~ f. .." , .,3;. . 'Ao" .- "f .~. 0 D r, I ) Jan. 1-91 ~'1 b1 I , .,./ Jet. 1-90 ^ b /3 '/ July 1-90 75' 10- '{( ..'. ()() ,.#..r e @ i i ~ 9 4.70 Date Remarks Reading Difference '7 .' July '-90 0 0 7 ;-S- ~;; (..1 Apr. '-90 0 0 L 7 ~e0 c () II' /' ( q J Jan. '-90 -) \i7 ;-'" "w / 0- J Oct. '-89 l~ (1 ..... 1 " ~. ,,' July '-89 () C: -:~ ., C{ ..- " I , } "....'."..... Apr. '-89 C (\ -/ " ...:';,':' ! -'.; ,: . ) ,. ',': ,.," f /-tJ'-:.s, ..., v .::.J :t. ..~ , , ,.# .. / Jan. '-89 ' , I ' , " ; , j - I / Oct. '-88 f . " . b " July'-88 I': (, ~ ~/'~ '.1 \.: I', I </ Apr. '-88 0 D 0 -, I , :r .1 .: ; .... .....# ...f /1 Jan. 1-88 12' c-J .^ -;! 7..):. , hr. , '../ ... .' J Oct. '-87 f", '-/ :J'l 7 ./ ~ c;..", / " '-I ") -- July '-87 0-- /) .:.J Apr. '-87 '-I 1 5 'I Jan. '-87 l..j I I I:' ~ Oct. '.86 t r; () // [',rs ::. , July'-86 ~ 0 h ,....- J ...~ l :r..' ". -- ~- 1:3 S 220 - , Date Remarks Rea ing Difference July 1-94 Apr. 1-94 Jan, 1-94 Oct. 1-93 July 1-93 Apr. 1-93 , -dan, 1-93 ' Oct. 1-92 July 1-92 Apr. 1-9~ '30- P;t/q;- l 7 Ct 7 /'.. " /) . I j ..../ ./" . 2"S" Jan. 1-92 ... -\' ro. t' . 1 !.,..;y . I; .~ f I . Oct. 1-91 11) t\. f I~ /' July 1-91 0\" t> ~ / r D L. P..pr. 1-91 , ') /\ I !\ l~' ,/ ~,' 'f ~. Jan. 1-91 ) 0'1' (~ / t.'-:- / I" . / , Oct. 1-90 g Dl I c:< /1 o I( 0 '. . July 1-90 .~.I' I Jb / 7-n.9o U0 1-1 5 / u - . 1 r l ~ " ~ e 19 55 ~ \.. ~ - Date Remarks Reading Difference July 1-94 Apr. 1-94 Jan. 1-94 Oct. 1-93 July 1-93 Apr. 1-93 e. 1-93 I Oct. 1-92 July 1-92 . Af..r. 1-92 .. , y.,.o . (ws.'~ D 1- Ii" I . II 0 ~./. ,,'. ;.,'- :'~.1;crAo p/J ;,: If :Z'1LJe(...h .of j I ~~ I ;71 6 J 7 E ~.- Jan. 1-92 { \0 Oct. 1-91 .---------........... 6 6 S t . 9'/ ./"" '. .. '" ...I. '..,} ..r /~~. 1~1'~/ I ~J ';3 0 J .., 14-? ~-L:t"/ July 1-91 .. 6 iJ 2;) JE,l / ,. ,.. '5'" 1 U) " q 3 ~L-I Apr. 1-91 1) /' Jan. 1-91 gg 0 39 /'- 0 / . Oct. 1-90 {)~ S"' l'\ e-...4-to. July 1-90 Ie ~ 0 I~ l-J1. ;\ ....... ~_._-_......__....__......._.- --~_._.-...-.~.- "..--.. It - I ~ (~J } :.--/ , / ~ 19 55 Date Remarks Reading Difference ~ 47 " .' July'-90 0 ~ 0 .- :.....;,.. I Apr. '-90 C) 7J :( 7 ~~;{i7 7:::"'~<' ,oM;;",. .,~. ...... '-e" ..,.... '. .....-- . ~ Jan. '-90 tJ 7 7- -' 33 ~.' 0 t:-- 4~r~ Oct. '-89 0 b g1 30 - July 1.89 t ;; "I ]2 , / tJ Apr. '-89 ,0 b ~ ~.. ~g3~'~: ~ 4~- ., ;Jl~" ;_~tr~ Jan. '-89 - .t:r 0 14 4) . .' Oct. '-88 0 'S' 'S 0 33 / .' ", " July 1-88 0 ~ / ".- kJ ./ Apr. '-88 to 1-1 g ) ~72t;--c"-7 " ~-~-'~/' '<~~'~-' . ... _... ~ ,. Jan. '-88 0 6 9 2.5 " Oct. '-87 0 .J. 13 1 ~b .-- c July 1-87 0 . { C \\ r} ': '-l '_J ."..."'\/.", / Apr. '-87 0 ~ g D " ~ ; .... / ~y ; .:...:;":; . ,,*... .' - Jan. '-87 0 j ~ 0 d.1 .' '-" Oct 1.86 C "3 Q q )(~ July ,.86 0 3 b 3 ~ L ~~ ...... \ -----'- . .-. . --- I 5 j I I I ~ " ." - 18 8 ;'-;J 563 rJ ~.63 - ~- --- Date Remarks Reading )ifference , Date Remarks Reading Difference - uly 1-90 ([ I ::) '1 7 ./ July 1-94 .pr. 1-90 () I 6 1.. >7 ?~l Apr. 1-94 ..... . 1-90 0 tj q -- - '7 ..- Jan. 1-94 J // .' . Jet. '-89 () r ~ 17 { c: .i'''''' Oct. 1-93 \J ,uly '-89 A /" -, -) ( . ../', July 1-93 /" ( ') ( , I ^ ',"'" l 0 0 l I :. ",:; '-89 ;1J \pr. h KJ ,',:'.f.:.:../ .' ',~ Apr. 1-93 ian. '-89 0 0 t:: <;i (3- /. Jan. 1-93 ,.-> .. , )ct. '-88 0 0 t} <" f & J"'I'''~ Oct. 1-92 I""; ,/ luly 1-88 ~ ;) ,7- 1 ) 0 July 1-92 , \pr. '-88 ,,~~, 0 1. 0; ""...'J" 'A\ Apr. ,,1t9~-f'" t " ., (J' ~ , 7 ,;.2.;,{ ,}t21 \-';''-:;.'::., _.~, ,.U3 1 ( ",I.~Il1-,..J,k;.";;. ~ .-~,,'~!'. ".,-. ,." . {) I . ;....... Jan. '-88 cJ / 7 ..' Jan. 1-92 .......; -, ( ..1 ; ir I . .' , - ,.... ! 'c'/ 0 " a T L ! , I D ct. 1-87 .) ") ~ J 7 J .,. Oct. 1-91 6 ?- ,~ 7 !) <j ," v J ) - , $,..../; t."J / ~) ~~ /. ~ I - , I J (~ I I .July '-87 I 5 3 I /" i July 1-91l 1\ (t..llt/l '.; .; ! ~-\ I " I " .' I tt........r, ,-" 1 I/~{ ,pro '-87 ;f':~~ , ~ z. :S.C) "Fq?;.~.~,; Apr. 1-91 a. t If <j .::.:;.,.,;.} c', '3 '3 Gj / , . , ian. '-87 I Jan. 1-91 ,." ': '. .' .. , , '. -", . ' .' ." , 4 I t-/ /, Oct. , '/ Oct. '-86 I l /" 1-90 ; ,.-) , r- - July '-86 I -d-5 . July 1-90 ~ I 0 1 rJ I fJ /' ! .- ...., \ .. "--"-' . - ,- .. - -. . (l): e e e " , e MEMORANDUM TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: May 15, 1992 ~p RE: APPLICATION FOR ABATEMENT OF TAXES ON PARCEL 111999-2100 Background This application for abatement of taxes is for the land purchased by the City and leased to Super Valu. The request is based incorrectly on the assumption that the City is also paying taxes on this property. The City assumed the lease with Super Valu when we purchased the land and the property should continue to pay taxes for the lease (as it has in the past). The property is NOT being assessed double as the application states. Recommendation e I would recommend the City respond to this request with a letter to the county denying the application for abatement because the assumptions made regarding payment of taxes is incorrect and that Super Valu should continue to pay real estate taxes as in the past, pursuant to the lease we assumed from the railroad. e e WASHINGTON COUNTY GOVERNMENT CENTER OFFICE OF AUDITOR-TREASURER 14900 61ST STREET NORTH STILLWATER, MINNESOTA 55082 612/779-5408 R. H. Stafford Auditor-Treasurer Mary Lou Larson Executive Assistant T. R. Greeder Asst. Auditor-Treasurer . . . Pam Mattila, CPA Finance Manager Gary Poser Tax-Elections Manager Nancy McPherson License-Records-Manager May 11 , 1992 Clerk, City of stillwater City Hall stillwater MN 55003 RE: Application on property number 11999-2100 An application for abatement of taxes and/or penalties and/or interest has been requested on the above referenced property. The request has been approved by the Washington County Assessor and the Washington County Auditor-Treasurer. The result of this request would be a reduction in the amount due of over $10,000.00 tt Before the county board may take action on this request, M.S. 375.192 requires that the school district and municipality be given a 20 day notice of the proposed reduction. Ple~se refer to the enclosed copy of request and the proposed reduction. If you object to the granting of this reduction, please respond within 20 days of the date of this notice to this office. If you object, the request will be forwarded to the county board for their recommendation. If the county board approves the request, the request will then be sent to the commissioner of revenue for the final determination of the approval or denial of the request. If YQ11QO not object to the granting of this reduction or you do not respond to this notice within 20 days; the request will be forwarded to the county board for final approval or denial of the request. R.H. stafford 7-Tr22:- ~V; Poser Tax Div. Mgr. tt Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age and handicapped status in employment or the provision of services. II At-'PLlLA IIUI'I r-u", t\l:UU\,.IIUI.., mi VI-\L.UM I IV''''' OF REAL ESTATE AND/OR REFUND OF TAXES PAID (M.S. 375.192) .;..: o >- ... C ::I' o U For Taxes Levied in 19 9f and Payable in 19 q.2-. Please print or type. Applicant's Name Su.PelZ.. VC+I.-LJ...t. Aapphcant's Social Security Number Sl:""o tZ-r5 S Applicant's Mailing Address 13 oX- 9 '{ I.J (Y] PL- ";> N) 1-J I Cc/2. ,J. f;1 K ))C?PT '5 5,,/~ rJ "elephone (work) ( ) -elephone (home) ( ) )ESCRIPTION OF PROPERTY I Property 1.0. or Parcel Number: .treet Address (if different than above) I/qc. y-.2/{)C) 77-77-77-00 - oooS' City or Township S,... (LLuJ A-,GR- I School District No. I , r" ~ ....;. .'n, I~ ~ 3 1- legal Description of Property: ASSESSOR'S ESTIMATED MARKET VALUE: Land $ 4- II '50 D Structures $ -.0- Total $ .Lj /1 ::; .0 0 Class 0014-1111-;Z 33 APPLICANT'S STATEMENT OF FACTS: I believe an error in assessment occurred for the following reason{s): tt 1. Owner's Estimate of Market Value: Land $ Structures $ What do you base this value estimate on? Explain. .. Total $ 2. Date Property Acquired Type of instrument used to convey title: Cost of additions and improvements since purchase S Purchase Price $ APPLICANT'S REQUEST Applicant affirms no proceedings of any kind for correction of the assessment against said property are now pending in any court. Applicant believes that this property is assessed higher than property in the same class and of the same value in this assessment district and therefore requests that the assessed valuationl tax capacity be reduced and that the market value of said property for said year be reduced to and fixed at S . This statement is a true and full statement of all facts known to the applicant relative to this matter. ilo'"~~: COMm,J Q:L'V~ r' (,. Applicant's Signature 1-:1-.7> -'1 ~ Date e NOTE: Mmnesota Statutes 1988. Section 609.41, .Whoever. in making any statement, oral or written, which is required or authorized by law to be made as a baSIS of Imposing. reducing. or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of thiS statement knows IS false may be sentenced. unless otherwise provided by law, to Imprisonment for not more than one year or to payment of a fine of not more than . 13,000. or both." .~ ""l Tvl Ii; 'l-.. U~ ~,f ;;,;; -- After examining the applicants claims, I have ~~ J\o.<J j,~~ &oJ.(h. ~a!:::.>-4..&!.' ~13~3S-):')P ~Jr I?; t.{JB~' j~ // ltk "0 , ,~.J /- ::z ~ ~ c.j 2- .;/t 1'31:17- Hv Signature of Investigator Date ~ l REPORT OF INVESTIGATION refully investigated this aPfi~ti9r~ and find the facts to be ~~ fqlIO~. a h .:t~1A-:, G:tg vb _Y:;J:Clll~ft ~ JA ~~.,. Ori inal ;;z 33 L/ II S~O 4/1 SOc> /95Y{' o ',;ZOt 8&?~;..j Pro osed -(Q~- - (0 .- IS Reduction l.}.({ C;OD 411 S-oo It:) 5~ (., 8J. ?J(/1.&t./ Local Tax Rate j, I'7V/fO . o Tax Is Paid Date o Tax Is Not Paid -~-- ASSESSOR'S RECOMM NDATION (County assessor or city assessor In certain cities) . 19_ EJ Approved o Denied S,' ~G,-\\- ~ ) Assessor's Signature . -... ... .... . .-.. .... .. . ... . .. .. . .... .. .... . . ...... .... . C UN1Yj(uiSitOR'S iiECOMMENDA~_.. .......... .... .. ...... .... ..-..-.. ...... .... -.. g Approved 0 Denied t:Hl/udtt::t!:!: ''',0 . . .... " . ''',- . . . .. . " " -,' .f . ',' '.~ . '. ','" .' _, ','" . ,,'." '._ .' . . ".' . . .- ",'.' . .... . . ,,".. . . '''_' . . .... .. _, .... . 0, ._.... . . .... . . ..... . . ..... . " ...... . .... . . ._.,.. . ._.... . . .... . .. ..... . . .... .. . .... . ,', '_'" . '_ .. ',_ .. . '_'" ~ . ~. ~ COUNTY BOARD OF CO MISSIONER'S ACTION (To becompl'eted by' county auditor) q ~. . ~ ~. ~. . . q' o Approved o Denied I certify that at a meeting held 19_ the County board, took the above official action on this abatement. This action was duly adopted and ntered upon the minutes of Its proceedings as a public record, showing the names of taxpayers, other concerned persons and the a ounts Involved. l!:rt1ilr::::I~:i1::::mMIlI1I;:rm;:rlmlmII:@:::m;:illliiE:M~mIM;;::@:irJJjj}1.t~AjjpN:;bF:arlNAe.~leP.BaVAP:::::j;@I~:l:gMl]MU:r%mttmmm~;[mrgHnwr:tr!:::;rtJ:mt:;iri:l ( mplete only for approved abatements) . ... .............. .............. I further certify that the approval of this abatem nt has resulted In the following changes: Reduction Of Tax Reduction Of Penalty Reduction Of Interest Total Reduction/Refund Total Payable $ $ $ $ $ - (j) e To: Mayor and City Council ~~ From: Diane Deblon. Finance Director Date: May 5. 1992 Subject: Financing for Capital Improvement Program Backqround The City Council has directed staff to develop a financing plan for a pavement management program (which was developed by SEH). Further. at the time of the sale for the last bond issues (for the Downtown Improvement). the bond rating agency (Moody's) requested that the City of Stillwater prepare a capital improvement program. The type of capital improvement program that was requested by Moody's was to include infrastructure. equipment. and roads. It was also suggested by me. to Moody's. that the City of Stillwater could comply with their request by the end of 1992. In talking with the bond rater from Moody's. it was my understanding that the City of Stilhlater was at the high end of a comfortable debt threshold. Therefore. it is important for the City to demonstrate to the rating agency (through a capital improvement program) how the City intends to finance and plan for future capital improvements. tt Analysis As part of a capi tal improvement program. a special assessment policy needs to be adopted by the City and Nile has provided a first draft of this policy to the Council. The dollar amounts of the special assessment policy have not yet been set by the Council. and the Council desires to look at a possible financing scenario. Therefor. I have made some projections based on information obtained from the engineers. previous city projects. and have compiled this information as a possible starting point in looking at the methods for financing a comprehensive capital improvement project, Conclusion In looking at the costs and revenues to include in a capi tal improvement program I have taken a macro approach for a 20-year period to coincide with the Stillwater Pavement Management Program developed by the engineers. With this method. individual projects will not "fit" exactly with the expenditures or revenues each year. but can be used as a tool and guideline during the budget process each year. A more detailed and individual project program can be developed to "fit" within the scope of 5 years. for example. based on specific priorities of the City. This approach would also allow for revisions to the 5-year plan for emergencies and unforeseen expenditures as necessary. with the overall 20-year plan as a long-range budget guide. = e ~ ~d- 6V T r. - I vJI~ 10/30/90 r ( p. R r../ . () ,i.... t v,l.J,,;;tl.J~:! c"C"'J'Cl}rO'V , I .};'~, ~. :...'" jC]12CfO', OD +o(4~ ....lOl):l.. '>0/ .) I . (J =- $ / iq J D g~ f0\ "........ U\..C STILLWATER PAVEMEHT MANAGEMENT 20 YEAR PROGRAM SEH FILE NO. 90017 ~ _________2~~~~~_~~_____ I 0 ~ (, ~______ YEA~~_~:_~____ 0.2 AHtlUAL MILES TOTAL RECONSTRUCT :;. 0.5 ANNUAL MILES TOTAL RECONSTRUCT "-.;l. b </0 .n 0.1 ANNUAL HILES PARTIAL RECONSTRUCT ~5.;:;8\'1. 0.5 ANNUAL HILES PARTIAL RECONSTRUCT;.. ;), (p If 0 -n. 0.5 AHNUAL MILES RESURFACIHG ~.;l (" 'tD -t't, 0.5 ANNUAL /lILES OVERLAY . .,) (, If 0 {'-I . EXISTING MILEAGE -------------------------- 2.99 TOTAL RECONSTRUCT 12.30 'PARTIAl RECONSTRUCT ~ ~_.n 15.39 RESURFACING DECAY VALUES ' /0 /l~' YEAR 1-3 YEAR 4-6 YEAR 7-B YEAR 9-10 YEAR 11-12 YEAR 13-20 30.27 ROUTINE MAINTENANCE -------------------- ----------------------------------------------------------.~------------------------ -::-.7' ROUTINE MAIHT - RESURFACING ,0.6 0.6 0.6 0.6 'I 0.4 0.4 \-'0.'1') , RESURFACING - PART RECONST 0.6 0.6 0.6 0.6 o.~ 0.4 $ . COST~ PER HllE PART RECOHST - TOTAL RECOHST 0.5 0.5 0.5 0.5 0,1 0.1 ;47S-oooT~TAi:REcoH9TRUCT ~.-<:J.ur.G<.J "..IJ,j. ~.{.Jto.\ r5~:~~~ ~~~~~C~~~OIISTRUCT - bDN):"t e".rf.',t\x...' <~..v.'c~J' '. d'U~~''\ 28,000 AIlHUAl PATCHING & CRACK FILLING 8,005 ROUTINE MAINTENANCE, SEALCOAT (6 YR. CYCLE) 1.00 INFLATION FACTOR 1----------------------------~------------T-TOTAI-l-PA~iIA[T--------------r-------------TT---------MAINTrHAHer-------TT------------~TT : ,TOTAL PARTIAL ROUTINE I RECONSTRUCT I RESURFACIHG I SUB II I ANNUAL' J I II 1 RECOHST RECOHST RESURF. MAIHT. I TOTAL I TOTAL I TOTAl- II SEALCOAT I PATCH 1 CRACK II TOTAl II I ------ ---- ---- I -----------1--------1--------11---------1 ----------11- ---II IEXISTING ' . 2.99 12.30 15.39 30.27 I ,I I II 5.0& '1.:.4 I ,'1"1 "...:J., 11 II : YEAR 1 3.29 12.30 H.B9 30.H I $134,0001 $66,706'1:;; S200,706'1l $40,652 I $21,816 II $269,174 II I 2 3,59 12.30 1~.39 30.67 I $134,000 I $66,706 I $200,706 II $~0,919 I $21,632 I $269,251. II 1 3 3.B9 12.30 13.B9 30.B7 I $134,000 I $66,706 I $200,106 II $41,186 I $21,448 I $269,3~0 II I 4 4.19 12.30 13.39 31.07 I $134,000 I $66,106 I $200,706 II $41,453 I $21,264 I 5269,423 II 5 4.49 12.30 12.89 31.21 I $134,000 : $66,706 I $200,106 II 541,719 1 $21,080 I $269,506 II 6 4.79 12.30 12.39 31.47 I $134,000 I $66,706 : $200,706 II 541,986 I $26,896 I 5269,588 II 7 5.09 12.30 11.89 31.61 I $134,000 I $66,706 I $200,706 II $42,253 I $26,112 I $269,671 II 8 5.39 12.30 11.39 31.87 I $134,000 : $66,706 I $200,706 II $42,520 1 $26,528 I $269,754 II 9 5,69 12.30 10.89 32.07 I $134,000 I $66,706 I $200,706 II $~2,7B7 I $26,344- I 5269,837 :1 10 5.99 12.30 10.39 32..27 I $13<1,000 I $66,706, I 5200,706 II 543,054 : $26,160: $269,920 II _____________ ________ -------11--------- ---------- -------11 J ,SUBTOTAL $l,3~OJO()() $667,060 S2,001,060 II $418,528 $269,882 52,S95,HO II /_________________________________________________------------------------------------1/-------------------------------------11 : 11 . 5.59 12.10 9.B9 33.37: 5134,000 ' $66,706 I $200,706 \I $44,521 '1 $26,528 I! $211,755 II I 12 S.19 11.90 9.39 34.47 I $13~,000 $66,706 I $200,706 II $~5,989 I $16,896 II 5273,591 II I 13 4.79 11.70 8.89 35.57 I $134,000 566,706 I $200,706 II $47,~56 I $27,264 /1 $215,~26 II I 14 4.39 11.50 8.39 36.67 I $134,000 $66,7OS I $200,706 II $~8,924 1 $27,632 II $271,2b2 /I 15 3.99 11.30 1.89 37.71 I $134,000 $66,706 I $200,706 II $50,391 1 $28,000 :1 $279,097 II 16 3.59 11.10 1.39 39.87 1 $134,000 $66,706 : f2OC,706 II $51,859 / $28,36B II $280,933 II 17 3.19 10.90 6.89 39.97 I $134,000 566,706 I $200,706 1/ 553,321 I $28,736 II $282,769 II 18 2.79 10.70 6.39 41.01 I S13ct,000 $66,706 I $200,706 II $54,19<1 I $29,104 II 528<1,604 1/ 19 2.39 10.50 5.89 ~2.17 I $134,000 566,706 I $200,70611 $56,262 I $29,~72 II $286,4'0 I, 20 1.99 10.30 5.39.43.27.1 $134,0001 $66,7061 $100,70611 $57,7291 $29,8401/ $2B8,27SII I ------------1----1------11-----1 --------II---~-II I TOTAL I $2,680,000 I 51,334,120 1 $4,014,120 II $929,181 I $$51,721 II $5,495,622 Ii I . I I I II I II I' ----~------------------------------------------- ---------------- -------------- -------------- ~---------~~---~~- --------------, r i i .e e e .....~...._~' _...~,.,.... _...--._.............~r. 5) .........--.-~~.......'._r~""'..""_.....-'".,v.".~_.-r,..",.,._.--....--.-...""'__.~.~-...........,.,.--..-.~a.....",."._"".".-., -.-.-......,....- ._. -...- Capital Improvements Program Costs from S EH pa yemen t'--m g m 1.--s tud y-&-in - house------,..--~-.-.--~-------c,-.-I nfla tion-=---1 %.-:----------.--- --------.-- 5 .- ______-.H.h.-"h---H -.-..- Equip men t -. -.. Total MSA Extra Curb & Sanitary Storm Capital TOTAL Street Project Crew Gutter Sidewalks Subtotals Sewer Water Sewer Outlay COST ""---$ 269 ;174 -- - $14;3 47--- -$15-;~H1J0------$1. 609-::---.....$28;26 1-''---$328;3 91:-'-'-'~-$100;000------- $112;000----.. $ 20,000---'-- - $ 2 7 5t0 00--H - $ 83 5 ,3 91-- $269,257 $14,347 $15,150 $1,625 $28,544 $328,922 $101,000 $113,120 $20,200 $277.750 $840.992 $269,340 $14,347 $15,302 $1,641 $28,829 $329,459 . $102,010 $114,251 $20,402 $280,528 $846.649 - ..'- . $269.423~- - $14~3'4 r-'--$15 ;45 5 .....-...H~--$1;65 8 ~-~--~$ 2 9;117---~-$"329; 999-.--'~-"$103;030--....- $ 115;3 94--"HH"'$ 20;606- .H___ $283,333-'- $852;362 $269.503 $14.347 $15.609 $1,674 $29.409 $330,542 $104,060 $116,548 $20,812 $286,166 $858,128 $269,588 $14,347 $15.765 $1,691 $29,703 $331,094 $105,101 $117,713 $21,020 $289,028 $863,956 -- .------$ 2 6 9,671---$14;347 --:---$1S;923____--:---$1;7 0 8---=$3 0;000~..$331;648..i ............ $106;152-----~--- $118,8 90'--'-'-$21;23 0 --....-_...- $ 291; 918---- -.. $ 869;83 9 -----.. $269.754 $14,347 $16,082 $1. 725>$30,300 _$332~207$107,214 i, $120,079 . $21,443 $294,837 $875,780 $269,837 $14,347 $16,243 $1.742 . $30,603 .$332~772\ $108,286 $121,280 $21,657 $297,786 $881,780 - -----$ 269,920-- $ n~347-'''''-$16,''40 5'~-----'$T;760 "'~""-'-----$ 3 0;90 9-'~$333;340'-''''---$10 9; 3 69-~"--'- $122;49 3-"'-0.'''''' $21~8 7 4~'-- $ 3 00; 763 .--. - - $ 88 7,839" Year-1 2 3 4 6 .. -- -7 8 9 10 ------------------------------------------------------------------------------------------------------------------------------- Su btotal $2,695,467 $143.468 $156,933 $16.834 $295.673 $3,308,374 $1,046,221 $1,171,768 $209,244 $2,877,108 $8,612,716 ---_.._~. .--.--.....-.. -. -- .--.,... .-.-. -_. .------...- _.. ~,- ..... -- ._---_._-._~---_.._._- .._'.-..__.._.._~.._. ~_._---_._..__._......_.....__.._-'"_._-_.._..-.._--~..~..-...-.--...-.. .._-_..__....~- -- - - _.......- - -- . --------------------------------------------------------------------~--------------------------------------------------------- 11 $271,755 $14,347 $16,569 $1,777 $31,218 $335,666 $110,462 $123,718 $22,092 $303,771 $895,710 12 _ $273,591 $14,347 $16,735 $1,795 $31,530 $337,998 $111,567 $124,955 $22.313 $306,809 $903,642 13 __0_ '-$ 275.426-'---$14; 347 ,... ., $16;902--...._........_... $L813---- _.~'-$ 31:84 5---"~-$3..40;333--..---~.$112", 683..-".... $126.20 4- . . $ 22.5 37 .-. ..'-$ 3 0 9; 8 77 . $ 911; 634 14 $277.262 $14,347 $17,071 $1,831 $32,164 $342,675 $113.809 $127,466 $22,762 $312.976 $919.688 15 $279.097 $14.347 $17.242 $1,850 $32,485 $345,021 $114,947 $128.741 $22,989 $316,105 $927,804 n -..16 .. -. -----$280.933-~-- $14;"3'47---- $T7;4T5--------------~$1_;868-'i>.. $32;810-....... > $3'47;372<$TI6;097.,..----$130;029---.-.---$ 23;219....-...... $ 319;266 -- -----$ 935~984-. -. . 17 $282,769 $14,347 $17,589 $1,887 ...$33,138$349,729.>>$117,258 $131,329 $23,452 $322,459 $944.227 18 $284,604 $14.347 $17,765. .... $1,906 ...$33,470 ..$352,090/.$118,430......... $132.642 $23,686 $325,684 $952,533 19 ..---.-- -----$ 286~-440---'$ T4;34T-.-.....$17;942~.----._- $1~92'5--$33:80'4~-$-354:458~-$ n9;615"~--~.. $133; 969'---'--$23;9 23 .-----.. $3 28.941'- $ 960, 905- 20 $288.275 $14,347 $18,122 $1,944 $34,142 $356,830 $120,811 $135,308 $24,162 $332,230 $969,341 ------------------------------------------------------------------------------------------------------------------------------- GRAND TOT A L----$"5;4 95;-619-- $286;93 5---$330;285_______--$'-35;429-----::-:$ 622;219----:-$6;770;--S"477---:$2~'2Q)1.;900--.-$ 2;466;128...... -- --$440;3 80- --'$ 6,05 5~ 226 ---$ 17;93 4;182----.. ------------------------------------------------------------.-----------.-.-.--------------.------.--------------~--------.----------- .. . . . ... .... .. .. . . .. . _....~.........;----...;....~-".........:.._""..:.....................,;....-,......................._.........---.;...,......--_.-'.~._#..............;..__._.~ Curb & Gutter is based on # of miles for PR Sidewalk.s is spread equally over 20 years Mck.u sick. Road-is--s Equipment Capital Outlay is ba e e e e ~_...,._.,,~..._-,.-_'-~~~--~~~. .. This infor m-ation-'fs'. based on-"Aeturir-Payable--:[992 Lac a 1 ..1.' a x C ~p-~c:.i~x__fo r __~ E !_~_~ ~_.~_~!!..e.!_~fJ~.<;::.A, F Q..~~!.___._.._!?!.?.~~~10 8~~__~____~___...",- .__~_____._.:~~____.._ _ 26.864% _,_~~_ .._._ ."."'_'_"'_ ____......,_.___ __._____..._._....____.... _. .___...-.---- ___.___._............._'_._m.__._ ._... _._.__._ ......._.... .$2,096,933 . Tax Capacity Hate applied Payable - i99Z.T6ca"CSpread--Ce-vy..-------------..------ .Payable 1992 _<::~ty__~eal Es!a.!.e Taxes Com m./Ind. 5000~1~) 22100 Res. Hm std. Com m./Ind. Com m./Ind. $150,000 $100,000 250000 ... -..---- ..--- '-2 45 5 ---,--- ""'--:-3100'--"-". --.. -10 225 Res. Hmstd. $100,000 Res, Hm std. $ 72,000 Classification of Property Market Value Tax Capacity $5,936.96 $2,746.85 $832.79 $659.51 City Tax Projection for Payable 1993 City Real Estate Taxes ., Clas sifiaction and Market Value same as 1992 21900 3100 10150 2280 1280 720 Tax Cap. Percentage ...----.".----------....---'>-f%-.--..---.---.$ 200 ~.62-'~.--~'-.---..._$ 3 5 6. 66 H _.c'~",,,_ .- $ 63 5 '::3 0 2% $207.82 $369.46 $658.10 3% $215.02 $382,26 $680.90 .~""74%~---$-2.22:22-..-- --'-$395 -; 0 6----.--"'-$-7 03: 71i,--..--.- . 5% $229.42 $407.86 $726.50 .. 6%~_.___~,_.~..2_~.6~6.2.._~_._...__ ~420.6()_. _______$. 7 49.30.__..__._ 7% $243.82 $433.46 $772.10 8% $251.02 $446.26 $794.90 9% $258.22 $459,06 $817,70 Ad ditional Revenue .. -....-....... --. ..-.. c_. --~- --.----..--- c... .....-..----..... $ 7 if:~f5-7 $156,114 $234,171 ...----~--~.-~------.$-:ff2:-:r28 '. $390,285 ._ __ __________.......:...______...2............__~.._._~..__.__.~.:!~!h.~..4.~_ $546,400 $624,457 $702,514 Tax Capacity $863:79 $894.79 $925.79 $956.79 $987.79 $1,018.79... $1,049.79 $1,080.79 $1,111. 79 142:79--- --... "$i~828.21 $2,929.71 $3,031.21 $3~132, 71 $3.234.21 $3,335.71 $3.437.21 $3,538.71 $3,640.21 $3:741. 71 $6,102.24 $6,321.24 $6,540.24 $6,759.24 $6,978.24 $7.197,24 $ 7,416.24 $7,635.24 $7,854.24 $8,073,24 City Tax _ -- -."-...----."-- _..._-----_.._"---_._-_..~._-------_.~--_..~~-- e e e ~._-_...._"_.__.- 'b Capital Improvement Program Revenue Projections Capital Improvement Program Revenue Projections _._ ._._...._..__. ~...___._...____._~_.__. .____'_______.~.._____.~+__.__~__'_..._.----r-'-....-.,......-'-....~--._---.---__.-..---. .........+-- __._.'. , ; SPECIAL ASSESSMENTS OTHER REVENUE Inflation = 1% Tax Water' Bd -"'Levy Contrib, @4.5% Inc. TOTAL .. . OTHER REVENUE , , , ...'Total-..--'... ParHar---....., ...,........_.u.._._~--.-.-Sa.riitaiy------'..,..~.- --TOTAL'" Gen;- Fui1d ,.. Sewer Reconstruc Reconstruc Resul"faciSidewalk Sewer Watermai S.N. Transfer Transfer U Y ear"l -Yeai's-T-T0--.---... $36;960-:'----$1S-;ZI2.~-$2G~030---$T4;_131T$'38;'996.~.$l.13;680---$175;009------$80.000.-- $100.000--$43;680--~' $351;257'" ..-- $574.937 2 .2 m/yr T. $37.330 $15.364 $26.291 $14.272 ...... $39.386$44~117 $176.759 $80.800 $101.000 $44.117 $354.769 $580.686 3 .1 m/yr P. $37.703 $15,517 $26.554 $14.415 $39.780 ....... $44.558 $178.526 $81.608 $102.010 $44,558 $358.317 $586.493 4 .5 m/ yr R.$38.080..'...'.....$15~6T3..'- $26~819.....$T4..5.59-'...$40~178..~$45:004... "$180~312 ...", .' $82.424 ..... $103.030$45.004 ..... $361.900' ....$592.358 5 $38.461 $15.829 $27.087 $14.704 $40.579 $45.454 $182.115 $83.248 $104.060 $45.454 $365.519 $598.281 6 $38.845 $15.988 $27.358 $14.851 $40.985 $45.908 $183.936 $84.081 $105.101 $45.908 $369.174 $604.264 '7 aa ..-. --.---. ..... $ 39;234""'~-$16.T48-'-'$2 7;632-~-$ r5';000-~7__$41~J9S"$'46;36T7"'-$185;775-"""-" -$84;922-' - $106.152-"" $ 46.3 61'---'- $ 3 72.866'-"'-- $610.307 8 $39.626 $16.309 $27.908 $15.150$41.809 >$46,831 $187.633 $85.771 $107.214 $46.831 $376.595 $616.410 9 $40.022. '. $16.472 . $28.187 $15.301'. $42.227 '. $47.299$189.509 $86.629 $108.286 $47.299 $380.360 $622.574 "10 ... .------+-.-.----- '-$40;-423--.---.---~-$.r6:~63.i.-..-$'28~.469-.-~$-i5.:-4'54--'$-4'2~-6-~f9--'$-47-;77 2 $19i-;404 $87 ,495 $'10Si~'-369'-'" .~, $47. 772 $384~'164 $628,800 Costs Excludin g S pedal Assessment $660.382 $664.233 $668.123 $672.050 $676.013 $680.020 $684.064 $688.147 $692.271 $696.435 Subtotal $386,683 $159.148 $272.336 $147.836 $407.985 $456.990 $1.830.978 $836.977 $1.046.221 $456.990 $3.674.920 $6.015.108 --------------------------------------------------------------------------------------------------------------------------------------- $6.781.738 'j - - - - - - - - - - - - - - - --- - :':'~ -.:.: =='=.='=-=~-.:'.:.:..===-== ==-...:':.::.:=-.:::.-.:.:-..:-..:=~=~.:-.::.':..-..:::::.--..:'='::.-.:.:-~..=.:;-...::-~ _...: ::::::':<'::':"- - - - - ~.:.: ~ - - - - - - - - -- ~ - - - - - - - - - ~ :.....~=~':. - - - _.~:':'..::..:'::'-': - - - - - - - - - - - - - - - - - - - -- 11 Years 11- $102.067 $84.016 $28.754 $15.609 $43.076 $48.250 $321.771 $88.370 $110.462 $48.250 $388.006 $635.088 $573.939 12 ,5 m/yr T. $H'J3.088 $84.856 $29.041 $15.765 $43.507 . $48.732 $324.989 $89.253 $111.567 $48.732 $391.886 $641.438 $578.653 13 .5 m/yr P. $104.119 . ...$85.-705...-.-$29~33;C-$i5~9'2T~-.'$43.942---$.4.9~220.-- .. $ :328~23 9 -_. ''''$ 90.146 $112.683 $49~220 .. $395.805-- ---$647.853 $583.395 14 .5 m/yr R $105.160 $86.562 $29.625 $16.082 $44.381 $49.712 $331.521 $91.047 $113.809 $49,712 $399.763 $654.331 $588.167 15 $106.211 $87.427 $29.921 $16.243 $44.825 $50.209 $334.'837 $91.958 $114.947 $50.209 $403,760 $660.875 $592.967 16 --"-..---."'...--... .--. $107~2T4--' $88.30r--- $30.220' $T6~40 5 ...- $45;273'."" $ 50;71 1--- -$33 8~ 185 ..-----..--. $ 92.87 8 .--'--$116.097 -. $50.11r--- $407.798 .----- $667.483 $597.799 17 $108,346 $89.184 $30.523 $16.569 $45.726 $51.218 $341.567 $93.806 $117.258 $51.218 $411.876 $674.158 $602.660 18 $109.430 $90.076 $30.828 $16.735 $46.183 $51.730' $344.982 $94.744 $118.430 $51.730 $415.995 $680.900 $607.551 19 'u...___ -., ,--+ $110~524.. "$ 90~9 77-'''$ 31:13 6"'--" $16':90 2~'-.$46~(r45~- $ 52;2 48~-" $ 348~'43 2 " ""$95.692- ... $119~'615-~'-' $ 52.248"-$420;15 5 '-$687.709 $612.473 20 $111.629 $91.887 $31.448 $17.071 $47.112 $52.770 $351.917 $96.649 $120.811 $52.770 $424.356 $694.586 $617.424 . GRAND TOTAL'".''' ---------------------------------------------------------------'------------------------------------------------------------------------ $1.454~53 r'$ r.038.139---$5 73~163-$311~T40-.$8S8;655..--$961~791......$5~.197~419..--$1'~761,5 20 $2.201;900.$961~79r-.$ 7. 734;318" $12;659;530 $12.736.765 ---------------------------------------------------------------------------------------------------------~----------------------------- Total Reconstruction = $35.00/ff Partial Reconstruction = $28.81/ff Re surfacin g -=='$9~86/ff" .... .--..------ ......._______._.._.__u_____.. Sidewalk.s = $14.18/lin. ft, per 5 ft. width Sanitary Sewer = $100.000per year est. .... Sanit ary"Sewer- ra te"pe1.:--fC-;';' .e.. ... --- -- ..- - n .. .. .... . .....----.--- ................. ..-.-.-.-.----..... ... .----......- ..--..-tt... .-...---.....-----..... -----. .----- ...............-. .-......--....... ..... e tt ~ -----e- -e ~~"~'~.~.".~-~_._..._~--_..--~-~-_...-_.._~-~,._......._' . .' j Watermain = $112000 per year est. exp./$45 per !in. ft. @39% .... W a te r m airi-iafe - p ei.-ft: -";' $17.55 ,___u_'""_"~_' .________.___.____u.__.._ --.--.. .. - .,. -----.-.---, H TR.PR & RE based on cost recovery of 39% of total projectcos ____.... ~.~r~ve d f:r~Il1"_~_~.s_~!i_Il~...~..$_~?/ f~~"~"~.~__~!....!'~~~.~::!_5o s~~._.,_....._._.."_,_._~~_____.._,.. __. _u. ..__r.. :',1 ~ Sidewalks based on cost recovery of 50% of total project cost. derived from baseline of $28.35/lin. ft. per 5 ft. width ___ _.r ,O'_... Water Oct. Contribution based on 39% pecia1 AssessmeriCExample 80 x 140 lot 1/t TR $35 x 80FF $2800 San. Sewer $11.70 x 80FF = $ 936 \V a fe rrnali1-$-i '7".55" x -;~ Total Special Assessment = $5140 . :: 1..- i 7hl . 'j .1..-----....-- ::::-1 \g ----e- j I \ \..'H (1 i : ...! '.. j ~.' j 1-1 I, I" i , ~ I i'l I ~! 1-:7 r----.- --'---" -.----------...-.------. i' i Year 1 $677.618 $574.937 $660.382 . $592.172$175.009 ". ~.lll! 2 $580.686 $664.233$508.625.$176.759> i "'J.... 3 _ ..._._._.._....__...__ ___..__~_ $ 58 1;5.493.. ..__....._$ 6 68..123..c._.......:--'.$_42.6..9.Q.5.~"--'-_$.118.52~~..._".... ----..-......-.-. I 4 $592.358 $672.050 $347.302 $180.312 .... :;';j 5 $598.281 $676.013 $269.570 $182.115 1'~L________~___ $6Q1l~_6_L_$6~~9J20. .............. $19;i,814:..$183~936 _____. 113l 7 .......... $610.307 $684.064(>$120.~57($.185.775:>.'...? "i ......i. 1141 8 $616.410 $688.14T$48.320$I87.633> !; ~i -......... --"--i~'-'-'--------'---.._"""~-~;~:~~: ---.- . '~-~;~:~'j~--"~"---~~~'~:~i~f----<~~~i:~:~-<--~~-"---'__~_""__.___.....m._ --..-..-....., ..- ....--..-...-........ '.. .-... ...-- , \71 I I ------------------------ i : ~l-- __ ..__.__..________._$_Q..~U.:L~8_....___$.6.1.8JJJ_~J3._ ... I'" i ------------------------ ...... ............ ..:.... ..... ...... i7Qi 11 $635.088 $573.939 ..............($27.863)$321.771:.................. ...... :',: ..12........._.._______._____.c....._.....$641.438_.. $5.78.653_._"l$3A.923_.:.::.:.......$32.4..9.89:...~-~L~'"._...:..-. .....___.. ...._.. _ .. _._d i' '! 13 $647.853 $583.395 $99.381 $328.239 . . :.~"I 14 $654.331 $588.167 $165.545 $331.521 l:~i . .... H--~-~-i< !~~Hit--mt ~~~iii~~~~1:!i1iiiiii~;11~~i::ii;i~ii;i.-~--.------.-- ---- -.. ..-- .--- ... .u_ ..--. .. .--. ... 1_ ..~. ."..__m 18_..._."_"___..~___~=$680.90~L_-...$607 .55L-.._J4.4.1.9BA.$3A4.28ii.~~_._~~_~~~-....__.. .- .....-.,...-......... .--...... '''''' ...........-..---........... ;'-"'1 19 $687.709 $612.473 $523.221 $348.432 '... !",~':I 20 $694.586 $617.424 $600.382 $351.917 i~ :I--.--..--------..------..--~~;;.~~~~~;-~.~~;f;:~~~~~~~-=-... ...... 13;~1 ________________________ , !3{__._._.._._~_..:......L 13"1 I ' iJ51 ',. I . I 1201 ij:j-..-- iJ:1 ,...; I !:~J _~_. i,wl I . I 4 I ~ '.. L~L _p.." e-- ._~.._--~_._-~_... -..... Capi taLIm prove menJ'pro g ra Dl_Ca sh_Flo.w_er.ole..cJioD---_--..--_----_..._-upm- __.._... .P_._..._u.____Tot al __ Beg. Other Balance Revenue Costs S.A. _.. . _ Exdu d ing..______...___.L...:...."--.----.DebL_~__.._____ .~_.__._...__...--.. Special Ending Incurred Assessment Balance Per Year ~_..--,----~--_-...__I---_..__.._----u---.. . Total $677.618 TIMOTHY J. BELL CAPTAIN DONALD L. BEBERG tt CHIEF OF POLICE e tt THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M ~ MaR AND U M TO: MAYOR ABRAHAMSON AND CITYCOUN Lr FROM: D.L. BEBERG, CHIEFOFP.oLICE DATE: MAY , 1992 RE: MISC. INFORMATION/REQUESTS ----------------~-~-------------~-----------~~---~---------------- I DON'T KN.oW<lF THE COUNCIL WANTST.o>MAKE A CHANGE:, BUT THE FIRST SATURDAY OF THE MONTH IN Jl.)LY WHICH IS THE DAY/DATE T9..HAVE THE DUMP /~~~~_~~~~ ~~Fi~~RiU~~~CA0~~L~~~~I~~ ~~~~HT~~gEI~NT~~k4~~h S~OI ASKED PART-TIME SGT ..BUElF:RL TO HAVE AN OFFICF:R READY TO WORK THE DUMP ENTRANCE ON THF:FOLLOWING SATURDAY, JULY 11thTN.CASE..Of A CHANGE. I HAVE ATTACHED A "STAFF REQUEST ITEM"TO PURCHASE TWO 9mm HANDGUNS, ONE P'oR THE NARCO.TICS OFFICER .(WHICH WILL STAY WITH THAT POSITION, NOT THt;: OFFICER) AND THE OTl--1ER ONE FOR MYSELP . SEE THE .) ATTACHED SHEET FOR DETAILS . THERE IS MONEY IN THE "FORFEITURE ACCOUNT" FOR THIS. THERE IS ANOTHER SHEET ATTACHED, WH;r:CH IS A CURRl::NT (STARTING JUNE 1st) ROSTER OF ALL OF OUR PERSONNE:L.. EFFECTIVE SATURDAY.MAY 16th, I PL.ACEPOFfICE:RULRICH BACK ON I.O.D. SICK LEAVE. WE HAVE A SLIP FROM DR. BOYUM .STATING DICK COULD COME BACK TO WORK AS A PATROL OFFICER .oN MAY 1st HOWEVER HE CANNOT QUALIFY WITH HIS REVOLVER DUE TO DISC.oMFORT IN HIS RIGHT HAND AND AS SUCH I WILL NOT PUT HIM BACK ON PATROL. DUTIES.. I ALSO HAVE "RUN OUT" OF LIGHT DUTY WORK FOR HIM. DICK CONTINUES TO GO TO THERAPY TWICE A WEEK AND WILL BE SEEING DR. BOYUM AGAIN ON MAY 27th. THERE MAY BE AN ALTERNATIVE WITH DICK QUALIFYING WITH A DUTY WEAPON. HE CURRENTLY CARRIES/USES A .~57 MAGNUM REVOLVER THERE IS A POSSIBILITY HE CAN SHOOT A 9mm PISTOL (EITHER CALIBER WEAP.oN CAN BE CARRIED BY S.P.D. OFFICERS) WHICH HE IS GOING TO TRY AS THERE IS A LOT LESS RECOIL FROM THIS WEAPON. (HE IS GOING TO TRY SHOOTING ONE OF THE OTHER OFFICERS WEAPONS). IF HE CAN QUALIFY WITH THAT PISTOL, THERE IS A VERY STRONG POSSIBILITY THAT WORK MANS COMP WILL PURCHASE A 9mm PISTOL FOR HIM. IF THIS HAPPENS WE CAN GET HIM BACK ON THE PATROL SCHEDULE AND OFF SICK LEAVE. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439.1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 tt tt tt 1 AS YOU MAY (OR MAY NOT KNOW) OFFICER DOUG SWANSON HAD A MILD HEART ATTACK WITH VERY MINIMAL HEART DAMAGE AND IS BACK HOME AT THIS TIME. HE WILL HOWEVER, BE OFF THE PATROL SCHEDULE UNTIL THE MIDDLE OF JUNE AT A MINIMUM. WITH THESE LATEST DEVELOPMENTS, I AM HOLDING OFFICER SIEVERT BACK FROM HIS ASSIGNMENT TO THE WASHINGTON COUNTY NARCOTIC TASK FORCE FOR AT LEAST THE MONTH OF JUNE. TWO OF THE CITYS/DEPARTMENTS EXPLORER SCOUTS (J..V$TJ...N......Q-PH!;.J.M, STILLWATER HIGH SCHOOL AND MIKE MEHSIKOMER WOODBURY HIGH SCHOOL) ARE ....................................."................................,.......,........... , REQUESTING THAT THEY BE ABLE TO WORK A MINIMUM OF 2 HOURS PER SCHOOL DAY WITH THIS POLICE DEPARTMENT. THIS WOULD BE FOR THE SCHOOL YEAR 1992-1993. AS SUCH THEY WOULD DO JOBS AS DESIGNATED BY MYSELF (OR WHO EVER I DESIGNATE) THAT ARE RELATED TO POLICE WORK - NOT ACTUAL POLICING. THERE IS NO COST TO THE CITY AND THE TWO OF THEM GET THEIR NECESSARY CREDITS AT SCHOOL FOR THE TIME SPENT HERE. THEIR LIABILITY INSURANCE SHOULD BE COVERED UNDER THEIR EXPLORER SCOUT INSURANCE COVERAGE! WE HAVE SEVERAL THINGS LINED UP FOR THE TWO OF THEM AT THIS TIME INCLUDING HELPING THE DT PARKING ENFORCEMENT OFFICER AS SHE DESIGNATES, ASSISTING OFFICERS WARDELL AND MAGLER WITH THE D.A.R.E. PROGRAM, HELPING THE COMMUNITY SERVICE OFFICER AS NEEDED AND GOING ON "RIDE-A-LONGS" WITH THE DEPARTMENTS PATROL OFFICERS WHICH THEY DO NOW AS EXPLORERS. BOTH OF THESE SCOUTS HAVE TRAINING AGREEMENTS THAT REQUIRE 4 SIGNATURES - THE STUDENTS, THE STUDENTS PARENT/GUARDIAN, THE STUDENTS TEACHER AND THE EMPLOYER. IF IT IS OK TO LET THE 2 STUDENTS DO THIS, I ASK THAT YOU EITHER DESIGNATE NILE OR MYSELF TO SIGN THE FORM AS A REPRESENTATIVE OF THE CITY. A COPY OF THE AGREEMENT FOR EACH STUDENT IS ATTACHED FOR YOUR REVIEWAL. OFFICER SCOTT PARKER HAS REQUESTED THAT HE BE ALLOWED TO WORK PART TIME AS A POLICE OFFICER FOR THE BAYPORT POLICE DEPARTMENT. IT WOULD BE WITH THE UNDERSTANDING THAT THIS WOULD ONLY BE ALLOWED ON HIS DAYS OFF AND THAT HE COULD NOT "DOUBLE UP" ON SHIFTS - IN OTHER WORDS HE COULD NOT WORK THERE, GO HOME AND CHANGE UNIFORMS AND THEN WORK A SECOND SHIFT WITH THIS DEPARTMENT. THERE WOULD HAVE TO BE A MINIMUM OF 8 HOURS BETWEEN SHIFTS WORKED. IF THERE IS ANY COURT TIME INVOLVED WITH HIS BAYPORT EMPLOYMENT THAT CONFLICTS WITH HIS TIME ON DUTY WITH THE STILLWATER POLICE DEPARTMENT HE WILL HAVE TO TAKE VACATION OR COMP TIME OFF! 92-59 ,01-26 76.._..=.....~7...=.....~...hh: 31 ~O".................... ... 77'^8 03111W8n5 "03HJ~11~ 51 N011~W~OjN1 ,~NOl1100~ ON "lNnOJJ~ 3~n113j~Oj ~no jO 1nO 3WOJ ,,1M HJIHM 00"000'1$ 51 5NOd~3M 3H1 ~Oj 150J ,~101 "j,35AW ON~ 3J~Oj ~5~1 5J110J~~N A1NnOJ N018NIH5~M 3H1 01 a3N8155~ ~3J1jjO 3H1 01 03N8I55~ 38 01 3~~ HJIHM 5~315,OH aN~ 5Nn80N~H OM1 35~HJ~nd 01 N0155IW~3d 153n03~ 3M z66r...6't.....X~/W..h...h..h:'3Ti~iO..8NIT3'3W TN'3WT8idd'3o''35t'4od W'3Tf....Is'3.h.b'38....:ddidTs tt tt tt tt QEEJ.G.r;.R. ..GAbb....N.v..M.~.r;R.$......:::::.m.r;EEr;G.I.J..Y..r;m...Q.9..9_;L...9..4.. 201 - Chief Donald L. Beberg 202 - Captain Timothy J. Bell 203 - Sgt. Larry J. Dauffenbach 204 - Sgt. Bruce J. Klosowsky 205 - Sgt. David L. Roettger 206 - !::!.9.IJ1.~. 439-2994 439-2568 439-8390 439-2213 430-2098 207 - Leo Miller (Investigator) 208 - Douglas Swanson 209 - Arthur Sievert 210 - Richard Anderson 211 - Richard Ulrich 212 - Craig Peterson 213 - Jeffrey Magler 214 - Leslie Wardell 215 - Davin Miller 216 - Scott Parker 217 - Jeffrey Stender 218 - 219 - 220 - 439-2248 439-5354 439-6419 1-715-294-4520 439-4837 439-1079 439-6810 (Juv/DARE) 439-2568 1-715-386-2829 430-1532 777-4314 tt 221 - Sgt. Larry Buberl 222 - Jay Ludowese 223 - Douglas Buberl 224 - David Younkin 225 - Bradley Allen 226 - JoAnne Sellner 227 - Mack Warren 228 - Paul Widenstrom 229 - Kevin Miller 230 - Carl Olstad 231 - 232 - 233 - 234 - 235 - 236 - 237 - 238 - 239 - 439-8979 439-8943 430-3154 574-1759 429-6668 484-5598 430-3815 439-1309 430-9268 439-2432 e 240 - Cynthia Jacobson (C.S.O.) 426-3889 241 - Gail Mahr (DT Parking) 430-0758 242 - 243 - 244 - 245 - 246 - 247 - Margaret Seim (Sec./Disp.) 439-6102 248 - 249 - G..~JJ..l,J..l?r p?.g.~.r... 670-2160 527-1081 867-9903 527-1083 527-1082 W..9.T...K. 454-4570 (Military) 779-1400 X 118 421-6632 X 502 779-2700 430-4407 430-4620 430-4620 92-09L 9. 10. 11. 12. tt e e /J1~ m .. II" WOODBURY HIGH SCHOOL 2665 Wood lane Drive Woodbury, MN 55125 PAlm HIGH SCHOOL 8040 80th Street South Cottage Grove, MN 55016 OccaPadoDat EdtlcallOll e Occupational Education is a program in which the school and business community work together in helping prepare students in careers of their choice. The school provides education in the skills andknowledgneeded for entering an occupation, and the business community provides the laboratory in w ich the student can apply and develop those skills. Both experien- ces are planned and supe ised by the school and employer so that each makes definite contributions to the studen 's development in his chosen occupation. The entire occupational cooperative education proc ssprovides students with an opportunity to gain an appreciation and understanding of how he skills and attitudes we teach can be kept current. BuaiD... 8r omce Ed catioa The Business & Office Edu ation program provides training in skills necessary for entry into such fields as secreta ria , clerical, accounting, information processing, and business administration. BorIIculture This training program prov'des knowledge in plant materials for the apartment dweller, home owner, career person in a related job and for the person who plans to attend college or vocational school in a hort culture area. e Marbting8rDistrib This program provides trai chandising, management, services. 011 Educatioll ing for students interested in selling, marketing, advertising, mer- nd other occupations related to the distribution of goods and Service Occupatioas The Service Occupations p ogram provides training for students interested in child care/gui- dance and education, com unity service, fashion/apparel/textiles, food service, health ser- vice, housing occupations, nd tourism occupations. Trade IE Industrial This training program prov des learning experiences in various trades and technical areas. Examples include printing, heet metal, auto mechanics, electronics, and related occupations. Work Experience In this program students wit be placed in jobs that will enhance their opportunity for learning and acquiring new emplo ment skills. e e Student's Name Social Security # School School Phone # Student's Address Career Objective Parent's/Guardian's Name Parent's Phone Training Station Supervisor Phone # Supervisor Entry Position Training Station Address Starting Date Ending Date e e .. ., . .. TraIDIDg Agreement ~d Trahtlstg CoDCfitlODS The major purpose of this program is to provide valuable occupational education for the student in the career field of his/her choice. This agreement is to define the responsibilities of the trainee, parent, school, employer, and coordinator. All persons concerned jointly agree to the following conditions. Stucfent/TraiDee 1. The trainee enters this program to learn all that the school and the employer can provide in the nature of job information, skills, attitudes concerning a particular occupation. 2. The trainee must be 16 at the time he/she enters this program unless under specific contract with the Department of Labor. All local, state and Federal laws regarding employ- ment of youth under the age of 18 apply to cooperative training students. 3. The trainee must maintain regular attendance in school and on the job. He/she cannot work on any school day that he/she fails to attend school. Exceptions are permissible only with mutual consent of the employer and coordinator. 4. A trainee who is dropped from school rolls will be terminated from his/her on-the-job training station. 5. A trainee who leaves employment without consent of the coordinator will be dropped from the program resulting in loss of credit, and will be prohibited from participating in any other occupational program for the balance of the school year. 6. The trainee and his/her parents/guardian are responsible for transportation. 7. The trainee will consider his/her training station as part of his/her classroom activity and those rules that apply at school also apply at work. 8. Give at least a two week notice before leaving your training station to both the program coordinator and your work supervisor. 9. The trainee is expected to work through the ending date of the training agreement. ... .. ~..... Employel" . The employer expects the t ainee to be honest, punctual, cooperative, courteous and willing to a learn. ,., · Pay and hours are to be de rmined by the employer. The minimum wage as required by state and Federal law applies. Since the on-tha-job training experience is part ofthe school program, the school reserves the rig t to approve of the working hours. . The employer agrees to ke p the trainee on the job for at least the minimum number of hours specified in the agreement. In general, trainees should average no less than 15 hours and not more than 33 hours per we k when school is in session. · The employer is to inform he coordinator prior to discharging the student/trainee. . The school provides a teac er-coordinator to supervise the student on-tha-job and to provide related instruction in the s ecified occupation. The coordinator will make periodic visits to observe the trainee and co suit with the employer and trainee. Evaluation of job performance will be a joint effort of the e ployer and coordinator. School credit is granted for successful job performance. Employer's Signatu e Date PueIdlGaardlaa · To grant permission for p ogram participation by the student and encourage his/her a effective performance. ., · The student and parents/gu rdians are responsible for transportation and assume liability involved in the transportati n to and from work. · StudenVtrainees are releas d from school usually two hours each day for participation in the occupational program. ours of employment vary and some students may not neces- sarily work during school h urs but are released from school to compensate for this time. When students leave the s hool for other than employment, the parent will accept full responsibility. Parenti Guardian' Signature Date Teachu/Coordlaatol" · To establish a valid educati nal and work-related program for the student. · To assess the student's pro ress in the program and inform the parties involved. · To periodically visit each st dent at the training station and work closely with the training sponsor to see that the trai ing plan is being followed. · To provide instruction relat d to the career objective and on-tha-job training assignment. e tor's. Signature Date tt tt tt STAFF REQUEST ITEM DEPARTMENT Parks MEETING DATE 5/19/92 DESCRIPTION OF REQUEST (Briefly outline what the request is): Request hiring of summer employe Larry Joe Dauffenbach Jr. 918 N.William St. Stillwater 55082 This will be Larrys second year with the parks dept. $6.25 HR. Starting date is May 27th 1992 for 14 weeks \ FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Budgeted under part-time salaries for 1992 ADDITIONAL INFORMATION ATTACHED: YES NO - ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMln1 OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: ;;;:L::.- ~~_ DATE: y/r:/9~ ... fJJ~~~; ... l 1) ~ ~ ;;;;t/iJv. ~~.~ ~f)~. lJOO 4?) 1~ ~ --tLe . . U;J /r; /YLo:J-~ ~ ~ /Vf1~)~~ r~ - ~ e -. 511~rql- 05/10/92 21:44 PAGE 02 Modern F en.ce &: Manufacturing. Inc. 5566 PETERSON RO.. WHITE BEAR LAKE, MN 55127. 612/426-4097 IS OIlY- qr :;ir"...J.JAJA71::JL-RUB-l.J.~ lJ~ Location ~O::;77 L..l..A...-VA71.~ ..... /rHJ D TO -1J,7Jt: ~ R/~ WOIZ/L., Address - It.. s--: . Phone Taken By /)Ay~ ..JVNJa5I? _ 4aq - ~'VJ.-I TAX INCLUDeD YES ~ NO D COST OF PERMITS INCLUDED B EXCLUDED 0 INSTALLED OR IN PLAce YES a NO 0 PER PLAN Ie SPEC. YES ~ NO 0 AS MODIFIED 0 INCLUDING ADDENDA NO. .CHtTECT PHONE Confirmation of Telephoned Proposal Date 6=-//~ Hour VWT ~OPOSAL FOR mllT~4l ~ tJ LAlSf7::H1fr72(JM Cl':E: 75(j' C!tf ~I ~ ,~;.} UIJ/<... ~~ f ~ &rr/JJ>~ RICE {LUMP SUM ,,-I 5l~t9 ~ - . _ .. m~ UNIT PRICES 0 ""'<V'IllI_.IIL.... I N C l U o E S - (ha: ;J I 1_ J-f,'q), _ V Y\ \( Jc.k lp q G().. . l' ~ N~ I (<. oc.'~ / \ .0 - r1 ... - Gu.~ ot*6vJe.V ~C/r ' - t ~o .. . ... ~ J1 :( - ~ D rtL.~ ,J !lIb' J .' f' 00_ t \ -'!"'" -.1 I w Gl.tt(. ~ ... ~ ~ -- c,#t:.. ro\~ ...; e tt e 1 LEGISLATIVE ASSOCIATES, INC. Edwin E. Cain, President 7920 Towerbell Court Annandale, V A 22003 (703)560-7129 (612)439-7681 May 19, 1992 Wally Abrahamson, Mayor, and The Council for the City of Stillwater Municipal Building 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Council Members: In response to the request of Councilman Funke and other members of the Council, this letter proposes the preliminary activities which would be necessary to set in motion a plan to obtain federal and/or state support in the repair of the erosion of the protection wall and related development projects in the City. Frequently, smaller communities tend to overlook federal help and assistance to remedy costly programs such as the deterioration of the levy along the St. Croix. The federal government is a maze of process, procedures, agencies and politics that often appears to impenetrable. Larger municipalities have their own offices in Washington to enable them to take advantage of available programs and services, while smaller communities are often neglected in such programs. The Mayor and the Council are to be commended for exploring all possible resources before relying entirely on local tax dollars to remedy a problem which has implications for not only the City of Stillwater, but for the citizens of the area that enjoy our beautiful City river and parks. The following investigative activities will provide the Council with information on which to make sound administrative decisions in regard to the immediate problem of the levy deterioration, and to identify opportunities that may exist for future planning and development. 1. To investigate and identify federal assistance, programs, legislative authority and resources that could contribute to the needs of Stillwater with special emphasis on the levy problem. 2. Prepare the necessary written materials that provide background material on Stillwater, the nature of the problem, and unique characteristics of the community and needs that will set us apart from others throughout the country. 3, Meet with Congressional and governmental officials that are responsible for the planning and development of program priorities, and the allocation of federal resources. (Note: There are at least twenty separate programs andlegislative authorities that potential partners with the City of Stillwater in addressing the development problems of the community.) e tt e ../ ). 4. Determine the priorities, criteria for funding, levels of funding, required matching or participation funds, process for application, how resources can be used, and any other stipulations or requirements that are necessary to obtain funding, or that may affect operations on completion of the work, Le., what strings are attached. 5. Prepare an informational report and support materials for the Council to determine which options are feasible, meets the City's needs and should be pursued. 6. Develop a strategic plan for the acquisition of funds, the process and the time- frame in which it should occur. The activities involved in achieving these objectives can be accomplished by the end of July, 1992. The process of obtaining this information will move us along considerable toward the acquisition of funding. It is very important however, that the initial efforts be made during this session of Congress. If we must work for a special appropriation, work needs to be initiated in the preceding federal fiscal year. Thank you for the attention and commitment you give to caring for our city's business. Please let me know of you have any questions .~~. Edwin E. Cain City Db g HQQwatetl, uU i~\lflegota cP tlOcQamaHolil HONORING SENIOR CITIZENS. CENTER WEEK WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community; and WHEREAS, Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, helping older persons to help themselves and each other, and offering service or access to community services as needed; and tt WHEREAS, The national theme for Senior Center Week is Senior Centers are Wellness Centers, and Senior Centers nationwide are viewed as centers to promote the well-being of older persons -- emotionally and physically; and WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them. NOW, THEREFORE, BE IT RESOLVED, that I, Wallace L. Abrahamson, Mayor of the City of Stillwater, Minnesota, by the authority vested in me, do hereby proclaim the week of May 17 - 23, 1992 as: SENIOR CENTER WEEK calling upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Stillwater to be affixed. uUayolt _ ~' :.s ~ -ySl ~i1-d^"" . >1d< ~ ~ ~ -YV"~ ~~ -"'('1 , . ~~ "1'11' -r:' (""'-~ ~ n/?;v5~ <r+ ~3-<\ -7('/ , "1-=(7-v1J'Y'Q '"'-~ (f:~\J\ ": :c "i- L\~YI ,~~-1i'''Q''\(:Y d1.~v\1 '. , . V>VY.>Q<. ',II - 01 tn Ii · 0" ("l -prnr f" ~ -.,no -..<Q Q.- ~ O'?" ~ -j,:.....Jl, <r;,~ 5q. 'lTOa,rO 0" c3.....w-'Yl ~ "":r'~ ~~ ~ J.. ~ '^f) I R-oQ'?C'1 ..-x') . . \. b IJ I 'II ..frO. V e \ e r illwater "~ - - ~ "'--- -~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: PLANNING COMMISSION FROM: ANN TERWEDO, PLANNER DATE: MAY 5, 1992 SUBJECT: SUP/92-11 - CONTINUATION OF SPECIAL USE PERMIT TO CONDUCT A PROFESSIONAL THEATRE WITH THE SERVICE OF COFFEE AND DESSERT. BACKGROUND: On April 21, 1992, the City Council gave Mr. Halverson, owner of the Grand Garage Theatre, a thirty day temporary permit to conduct his business. tt The Planning Commission is receiving this case as a continuation from their last meeting. PLANN ING COMMISS ION RECOMMENDATION: Approval- May 11, 1992. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 PLANNING APPLICATION REVIEW CASE NO. SUP/92-11 e Planning Commission Mee ing: April 13, 1992 Project Location: 324 outh Main Street (Grand Garage) Comprehensive District: Central Business District Zoning District: CBD Applicant's Name: Robe t M. Halverson Type of Application: ecial Use Permit. PROJECT DESCRIPTION A Special Use Permit 0 conduct a professional theatre with the service of coffee and dessert. DISCUSSION The request is to space is located in the Fire Chief and Buildi the maximum occupancy 1 conditions. Additiona exits. The applicant ha demand based on occupa area. The closest parki lot. uct a professional theatre in the Grand Garage. The rear of the structure (formerly the Bath Store). The g Official have reviewed the space. They have concluded ad for the space is 49 occupants based on the existing persons in this sapce would require alterations to the agreed to keep the space at 49 persons. The parking ts is 13 parking spaces. Parking is very limited in the g lot is the Brick Alley lot and the Second Street \ tt CONDITIONS OF APPROVAL: 1. The applicant shall submit all health and building inspection reports for the service f food. 2. The maximum oc upancy load according to the Fire Chief ~d Building Official is 49 0 cupants. This shall be maintained at all times. 3. Exterior signa e for the use shall be incorporated into the overall signage plan f r the building and shall be reviewed by the Design Review Committee RECOMMENDATION: Approv 1. FINDINGS: The theatre use wil detrimental to the pub purpose of the Zoning 0 ATTACHMENT: Application Form. not be injurious to the neighborhood or otherwise ic welfare and will be in harmony with the general dinance. tt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE "GARBAGE AND RUBBISH" ~HE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. Subd. 8, Fees, of the Stillwater City Code, entitled "Garbage and Rubbish" is hereby amended to hereafter read as follows: Fees. Effective July 1, 1992 The fee for collection per month shall be as follows: For each 30 gallon container $13.75 For each 60 gallon container $17.75 For each 90 gallon container $19.75 Adjusted accounts $12.00 (30 gallon container) For each 30 gallon bag or sticker $ 2.00 per bag or sticker The minimum charge for each and every dwelling unit shall be based on the fee for a 30 gallon container. A residence shall be allowed to change container size at intervals of not less than two billing quarters and must give 30 days notice to the City. When proper notice is received, changes in fees will be made to the following quarter billing. Changes in fees related to changes in container size shall only be made on a quarterly basis and not on a monthly basis. ~ Multifamily residences of three or more units shall pay the mandatory rate for 30 gallon containers per dwelling unit unless a different rate is negotiated between the Contractor and the residence. \ In the event a residence desires collection of more than 30 gallons of normal household waste per week, it shall purchase stickers from the City for the cost of $2 per sticker and that shall entitle the residence to an additional 30 gallon bag of waste. In the event the City adopts a "fee for bag" system, in lieu of a sticker system for the handling of excess household waste the residence shall purchase bags provided by the City for the cost of $2 per bag and that shall likewise entitle the residence to an additional 30 gallon bag of normal household waste. No bag shall be collected unless a sticker is attached to it or unless it is of the kind purchased from the City. Section 2. In all other ways Chapter 30 of the Stillwater City Code shall remain in full force and effect. Section 3. Effective Date. This ordinance shall be in full force and effect after its publication according to law. Adopted by the City Council this _____ day of , 1992. e Wally Abrahamson, Mayor Attest: City Clerk e tt e . r illwater "~ - - II THE BIRTHPLACE OF MINNESOTA ~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR~ DATE: MAY 14, 1992 SUBJECT: NSP CONTRACT FOR REMOVAL AND REPLACEMENT OF SOUTH MAIN STREET LIGHTS The Counci 1 approved the removal and replacement of street lights along South Main Street on April 21,1992. This agreement with NSP formalizes that direction. ATTACHMENT: Work request for South Main Street. CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 " IJfI NiP Northern States Power Company e White Bear Lake Area 1700 East County Road E White Bear Lake. Minnesota 55110-4658 May 6,. 1992 City of Stillw ter 216 N 4th St Stillwater MN 55082 Dear Customer: Enclosed for signature are three (3) copies of Statement of Work Requested for Main St S, Stillwater. \ Retain one cop of the agreement for your records and return the original and one copy in the enclosed envelope along with a c eck for $6,000.00. We would appreciate receiving the agreements within ten 110) e days scheduling can be arranged. I Very /t[~ Customer Servic White Bear Lake .Enc (3) .~ e ~'/.. <0 ,~ ~* ~ .~ATEMENT OF WORK REQUESTED FORM 17-7012112.811 NiP ~ORTHERN STATES POWER COMPANY e May 6 19 92 WORK REQUESTED BY CITY OF STILLWATER WORK TO BE AT Main St S, Stillwater, Minnesota ADDRESS 216 N 4th St S till w at e-r MN 5 5 0 8 2 CONSISTING OF: The installation of 7-250 watt high pressure sodium street lights, underground cable. Lights to be shoebox fixtures on 30' fiberglass poles. In consideration for these special requested facilities, Customer agrees to pay a one time charge of $6,000.00. This does not include restoration. \ e The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes the NORTHERN STATES POWER COMPANY to do the work described above, and in consideration thereof, agrees to payS ix thousand and no / 1 0 0 - - - - - - - do 11 ars ($ 6. 000 . 00 I, in accordance with the following terms: prior to construction Credit Approval Receipt of the above amount hereby acknowledged on behalf of NSP by NORTHERN STATES POWER COMPANY ear ~c~ -:t.~. . . Customer CITY OF STILLWATER * * * * * * * By * * * * * * * * * * * * *.* * * * Const. $ 6,000. ORem. $ ORIGINAL - DIVISION ACCOUNTING Division Whi te Bear Lake NSP ProjlLNo. SWVS STI BA6 File If 574554 Maint. $ Oper. $ Transf. $ Total $ 6,000.00 NSP Representative J Swanson COpy - CUSTOMER COpy - DIVISION DISTRIBUTION ENGINEERING e e e MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: May 15, 1992 RE: LABOR AGREEMENTS FOR POLICE, FIRE AND PUBLIC WORKS Accompanying this memo are the proposed labor agreements for 1992 between the City of Stillwater, Police Local 320, the Stillwater Firefighters Association and lUOE Local 49. The enclosed letters to Mr. Bastian, Mr. Reichow and Mr. Conners explain the changes to the agreements. I believe the agreements are acceptable to the bargaining units and would recommend Council approval and authorization to have Mayor Abrahamson sign the agreements. -1fJ2- e e e illwater "~ ~ - ~ T H ~I R T H P LAC E 0 F M INN E SOT A i) (C(Q)[p1f May 6, 1992 Mr. Larry Bastian Business Agent I.B.T. Local #320 3001 University Avenue SE Minneapolis, MN 55414 Dear Mr. Bastian: Accompanying this letter is a draft of the proposed labor agreement between the City of Stillwater and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No 320 for January 1, 1992 through December 31, 1992. I believe the draft agreement contains all of the items that were submitted to the City by Mr. Gary M. Rogers, Mediator. For your information, the changes I made from the previous agreement are as follows: Description of Changes 1. Changed Article I (first paragraph only) PURPOSE OF AGREEMENT to read as follows: This AGREEMENT is entered into as of January 1, 1992 between the City of Stillwater, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the UNION. 2. Changed Article XXI INSURANCE, Section 21.1 to read as follows: 21.1 Effective January 1, 1992, the EMPLOYER will contribute up to Two Hundred and Seventy-Five dollars ($275) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two Hundred and Seventy-Five dollars ($275) per month, the EMPLOYER shall contribute fifty percent (50%) of the increase. 3. Changed Article XXVII Duration to read as follows: This AGREEMENT shall remain in full force and effect for a period commencing January 1, 1992 through December 31, 1992. In the event a new AGREEMENT is not in effect January 1, 1993, all compensation, CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Mr. L~~ry Bastian May 6,1992 Page Two working in this itions and benefits shall remain in effect as set forth EMENT until a successor AGREEMENT is effected. 4. Schedule as follows: APPENDIX A WAGE SCHEDULE Effective January 1, 1992, the following wage schedule shall be in effect: Start 70% of Top Patrol After 6 months 75% of Top Patrol After 12 months 80% of Top Patrol After 24 months 90% of Top Patrol After 36 months $3,183 Police Sergeant $275 per month ov r the Top Patrol (36 month) rate. Juvenile Officer $125 per month ov r the Top Patrol (36 month) rate. Please review the agree ent and let me know if it is acceptable. I will then forward a signed agreem nt. NLK/smc Enclosure Sincerely, \ %dtcl-~ Nile L. Kriesel City Coordinator l' e e tt e tt LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 I tt January 1, 1992 through December 31, 1992 DRAFT TABLE OF CONTENTS ARTICLE PAGE I PURPO E OF AGREEMENT 1 tt II 1 III 1 IV 2 V R AUTHORITY 2 VI 3 VII - GRIEVANCE PROCEDURE 3 VIII 7 IX 7 X DISCI LINE 8 XI CONST TUTIONAL PROTECTION 9 XII OVERT ME 9 XIII COURT TIME 9 e XIV CALL ACK TIME 10 XV WORKI G OUT OF CLASSIFICATION 10 XVI SICK 10 XVII SEVE PAY 14 XVIII HOLlO YS 14 XIX VACAT ONS 14 XX S 15 XXI CE 15 XXII LONGE ITY/EDUCATIONAL INCENTIVE 15 XXIII UNION STEWARD 17 XXIV MILIT YLEAVE 17 XXV WAIVE 18 XXVI HOURS OF EMPLOYMENT 18 tt XXVII DURAT ON 18 APPE IX A - WAGE SCHEDULE 20 e ARTICLE I LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1992 between the City of Stillwater, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the UNION. 1.1 1.2 tt 1.3 ARTICLE II 2.1 2.2 ARTICLE III 3.1 e It is the intent and purpose of this AGREEMENT to: Assure sound and mutually beneficial working and economic relationships between the parties hereto; Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and Place in written form the parties' agreement upon the terms and conditions of employment for Fhe duration of the AGREEMENT. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, SUbdivision 3, for all police personnel in the following job classifications: POLICE OFFICER POLICE SERGEANT JUVENILE OFFICER INVESTIGATOR In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. DEFINITIONS UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 A member of the Minnesota Teamsters Public Law Enforcement Local No. 320. EMPLOYEE: A member of the exclusively recognized bargaining unit. DEPARTMENT: The City of Stillwater Police Department. EMPLOYER: e City of Stillwater. CHIEF: hief of the City of Stillwater Police Department. UNION OFFI Officer elected or appointed by the Minnesota Teamsters and Law Enforcement Employees Union, Local No. 320. OVERTIME: ork performed at the express authorization of the EMPLOYER in of the employee's scheduled shift. SCHEDULED S A consecutive work period including two rest break. A period during the scheduled shift during which the employee ins on continual duty and is responsible for assigned duties. tt employee r duties. A period during the scheduled shift during which the ins on continual duty and is responsible for assigned - PERIOD: Newly hired employees shall serve a one year (12 months from the date of hire). may be terminated at the sole discretion of ARTICLE IV ITY The UNION agrees t at during the life of this AGREEMENT it will not cause, encourage, partic'pate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V 5.1 The EMPLO retains the full and unrestricted right to operate and manage manpower, facilities and equipment; to establish functions a d programs; to set and amend budgets; to determine the of technology; to establish and -IlIodify the al structure; to select, direct and determine the number e 2 e 5.2 ARTICLE VI 6.1 6.2 e 6.3 6.4 ARTICLE VII 7.1 7.2 tt of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. The EMPLOYER shall make spaCe available on the employee bulletin . board for posting UNION notices and announcements. The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining un~t having the duties and responsibilities established by this Article. The UNION 3 7.3 shall notif the EMPLOYER in writing of the names of such UNION representat" es and of their successors when so designated, as provided by of this AGREEMENT. PROCESSING F A GRIEVANCE It is recogn' zed and accepted by the UNION and the EMPLOYER that the processing f grievances as hereinafter provided is limited by the job duties d responsibilities of the employee and shall therefore be accompli hed during normal working hours only when consistent with such mployee duties and responsibilities. The aggrieved employee an a UNION representative shall be allowed a reasonable amount of t" e without loss in pay when a grievance is investigated and present d to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approva of the designated supervisor who has determined that such absenc is reasonable and would not be detrimental to the work tt 7.4 PROCEDURE e Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: I Step 1. An employee claiming a violation concerning the interpretation or application of this AGRE~IT shall, wi thin twenty-one calendar days after such alleged violation has occurred, present such grievance to the employee r s supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLO~R-designated Representative's final answer in Step 1. Any grievance e 4 e tt 7.5 tt not appealed in writing to step 2 by the UNION within ten (10) calendar days shall be considered waived. step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated step 2 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten ( 10) calendar days following the EMPLOYER-designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not I resolved in Step 3 may be appealed to Step 4 within ten ( 10) calendar days following the EMPLOYER-designated Representative r s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances, II as established by the Public Employment Relations Board. ARBITRATOR'S AUTHORITY A. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and 5 B. condit.ons of this AGREEMENT. The arbitrator shall consider and ide only the specific issue(s) submitted in writing by the LOYER and the UNION and shall have no authority to make a deci ion on any other issue not so submitted. The a bitrator shall be without power to make decisions or inconsistent with or modifying or varying in any application of laws, rules or regulations having ce and effect of law. The arbitrator's decision shall itted in writing within thirty (30) days following the or the transmission of briefs by the partie, whichever be later, unless the parties agree to an The decision shall be binding on both the EMPLOYER e UNION and shall be based solely on the arbitrator's application of the express terms of the and to the facts of the grievance presented. and expenses for the arbi trator I s services and borne equally by the EMPLOYER and the provided that each party shall be responsible for sating its own rePresentatives and witnesses. If either desires a verbatim record or the proceedings it may such a record to be made, providing it pays' for the If both parties desire a verbatim record of the the cost shall be shared equally. c. 7.6 WAIVER If a griev is not presented within the time limits set forth be considered "waived". If a grievance is not next step within the specified time limit or any it shall be considered settled on the basis of EMPLOYER I S last answer. If the EMPLOYER does not appeal thereof within the specified time NION may elect to treat the grievance as denied at that step and . ediately appeal the grievance to the next step. The time each step may be extended by mutual writ.t..en agreement of the EMPL YER and the UNION in each step. 6 tt e tt e 7.7. CHOICE OF REMEDY If, as a result of the written EMPLOYER response to step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to law. In the event any provision of this tt AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgm~nt or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX 9.1 SENIORITY 9.2 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole disc~tion of the EMPLOYER. e 7 9.4 A reduction of the work force will be accomplished on the basis of seniority. Employees s all be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two 2) years of the time of their layoff before any new employee is hired. Senior empl be given preference with regard to transfer, job classifi ation assignments and promotions when the job relevant employees are equal. employees shall be given shift assignment eighteen (18) months of continuous full-time e 9.3 qualificati 9.5 Senior preference employment. ARTICLE X 10.1 The EMPLO Discipline a) oral b) c) d) e) 10.2 10.3 which are t the UNION 10.4 Employees reasonable 10.5 Discharges will discipline employees for just cause only. ill be in one or more of the following forms: eprimand; n reprimand; e ge. demotions and discharges will be in written form. notices of suspension and notices of discharge become part of an employee's personnel file shall be nowledged by signature of the employee. Employees and receive a copy of such reprimands and/or notices. examine their own individual personnel files at supervision of the EMPLOYER. ill be preceded by a five (5) day suspension without pay. 10.6 Employees w' 11 not be questioned concerning an investigation of disciplinar action unless the employee has been given an opportunity to have a UNION representative pres~~t at such questioning e 8 e 10.7 Grievances relating to this Article shall be initiated by the UNION in step 3 of the Grievance Procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United states and Minnesota State Constitutions. ARTICLE XII 12.1 12.2 12.3 12.4 tt 12.5 12.6 OVERTIME Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. Overtime will be distributed as equally as practicable. OVertime refused by employees will, for recordkeeping purposes under Article 12.2, be considered as unpaid overtime worked. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. I Overtime will be calculated to the nearest fifteen minutes. Employees requesting in writing to the EMPLOYER to. receive compensatory time off in lieu of paid overtime as established by Section 12. 1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief. Carryover of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31st of each calendar year shall be paid off on that date. ARTICLE XIII COURT TIME An employee who is required to appear in court on their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1- 1/2) times the employee's base pay rate. An extension or ea.t:.ly report to a regular scheduled shift for court appearances does not qualify the tt 9 employee for the t 0 (2) hour minimum. ARTICLE XIV An employee shall to duty during their scheduled off-duty time two (2) hours pay at one and one-half (1-1/2) An extension of or early report to does not qualify the employee for the times two (2) hour min' ARTICLE XV OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a hig er job classification for one work period or more shall receive the salary schedule of the higher classification. ARTICLE. XVI 16.1 PRIOR TO APRIL 24, 1989 i-time employees shall, after a term of employment of ) months, be qualified to receive payments on account sical disability to work by reasons of sickness. For I rpose of this contract sickness shall include injury an accident or injury arising out of and in the course of emp oyment by the City. Sickness disability benefits shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, one (1) week at full pay. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. EMPLOYEES a. All six 2. 3. 4. 5. If term of employment has been 15 to 20 y~~s, full pay for twenty six (26) weeks, half pay for twenty-six (26) 10 e e e e weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty-nine (39) weeks, half pay for thirteen (13) weeks. 7. If term of employment has been 25 years or more, full pay for fifty-two (52) weeks. b. No disability benefits shall be paid for absence in excess of three (3) consecutive days without a doctor's certification as to sickness. c. Successive periods of sickness disability shall be counted together as one period in computing the period during which the employee shall be entitled to benefits, except that nay sickness occurring after an employee has been continually engaged in the performance of duty for one year shall be considered as a new sickness and not part of any disability which preceded such period of one year. Any employee who is receiving Worker's Compensation benefits d. tt because of job connected injury or sickness shall, if the employee assigns their check to the City of Stillwater, I receive full wages for that period. Of, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee I s absence which is covered by Worker's Compensation. e. For the purpose of this Article, sick leave shall accrue in accordance with the schedule in Section 16.1 on the January 1st immediately preceding the anniversary date of employment. 16.2 Sick leave will be suspended after benefits have been exhausted. However, an employee who has fulfilled all of the requirements for vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been ~austed any disabled employee may apply, in writing, for an authorized leave of e 11 when added to the period for which benefits have been paid exceed one year. Such application shall be by a physician's certificate to the effect that such disabled loyee has not been able to return to work. Upon return to employme t, the employee shall retain all accumulated service credit of t" e worked prior to the employee's disability but shall receive no ervice credit for the period of absence. e 16.3 EMPLOYEES H RED AFTER APRIL 24, 1989 1. All f ii-time employees hired after April 24, 1989 shall, after a term of employment of one year, be qual if ied to recei e payments on account of physical disability to work by reaso of sickness. For the purpose of this Contract, include injury other than accidental injury and in the course of employment by the City. benefits shall be as follows: a. If term of employment has been one year but less than two years, one week of full pay. b. If term of employment has been 2 to 5 years - full pay e 4 weeks; half pay19 weeks. c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 - 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. 2. No di ability benefits shall be paid for absences in excess of th ee consecutive days without a doctor's certificate as to si kness disability. 3. Sickn ss disability benefits usage shall be sllbject to the folio ing conditions: e 12 e An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the a. tt following earning rate: employee shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. 4. Any employee receiving Worker f s Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker I s Compensation allowance and their regular weekly pay. Sick leave shall than be figured on a prorated basis with no deduction of leave being made for I that portion of the employee's absence which is covered by Worker's Compensation insurance. 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. 6. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stat~Dg that such disabled employee had not been able to return to work. Upon e 13 upon retirement d completed not les to active employment, the employee shall retain all service credit for time worked prior to his but shall receive no such credit for the period e ARTICLE XVII SEVE One-half of such death benefi disability benefits shall be granted as severance pay e to age or physical disability to employee having than ten (10) years of service with the City. In the still employed, the surviving spouse, if any, or if minor children, if any, shall be entitled to such same amount as though such employee had retired due disability, as provided above, but in no event shall exceed sixty (60) days of full pay. ARTICLE XVIII 18.1 Employee sh be entitled to eleven (11) paid holidays per year. 18.2 Holiday pay hall be made the first pay day in the month of December of each ye 18.5 I for holiday pay shall be computed on a forty (40) hour week 0 one hundred seventy-three (173) hours per month. Any employee required to work on any of the following holidays shall additional one-half (1/2) times the employee's base to regular pay and holiday pay for the entire of said holiday. July 4th Thanksgiving Day Labor Day Christmas Day Immediately preceding the 1st anniversary date of employment the to one additional floating holiday e 18.3 18.4 pay rate shift in without hol"day pay. ARTICLE XIX 19.1 VACAT ON Permanent loyees shall be entitled to the followinSl schedule: From 0 thru 12 months employment 5/6 day per month e 14 e From 1 year thru 4 years employment After 4 years thru 10 years employment After 10 years thru 15 years employment After 15 years 10 days per year 15 days per year 20 days per year One (1) additional day for each year up to twenty years for a maximum of 25 days. 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year except that after five ( 5 ) years employment, one ( 1 ) week of vacation may be carried over into the next year. There shall be a maximum of six (6) weeks vacation during anyone (1) calendar year. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE XX UNIFORMS tt The EMPLOYER shall provide required uniform articles and equipment, including Juvenile Officer clothing. ARTICLE XXI 21.1 INSURANCE Effective January 1, 1992, the EMPLOYER will contribute up to Two Hundred and Seventy-Five dollars ($275) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two Hundred and Seventy-Five dollars ($275) per month, the EMPLOYER shall contribute fifty percent (50%) of the increase. Ten dollars ($10) of the maximum stated in 21.1 may be utilized to provide an employee dental insurance program for all unit employees if the UNION notifies the EMPLOYER that the unit employees desire such coverage. 21.3 The EMPLOYER will provide a $15,000 term life insurance policy for each employee. 21.2 e 15 ARTICLE XXII LONGEV TY/EDUCATIONAL INCENTIVE 22.1 All full-t' e employees hired prior to April 24, 1989 shall be eligible to receive longevity/educational incentive pay according to e A. 1} shall choose to be paid supplementary pay ased on education credits as outlined in Section 22.1B After 12 ye continuous f this Article or monthly longevity pay as follows: Patrol Juvenile Off/ Officer Investigator Sergeant $ 79.59 $ 82.65 $ 85.74 $132.65 $137.75 $142.90 $185.72 $192.85 $200.06 $238.78 $247.95 $257.22 After 4 year continuous After 16 ye continuous e 2} These dollar amounts will be paid for longevity until such time as the dchlar amount generated by the longevity ay program for other City employees equals or exceeds these amounts. At that time, the longevity pay program in effect for other City employees will be adopted for all employees. e B. PAY 1} ter twelve (12) months of continuous employment, each ee shall be eligible to receive pay as follows: ion Credits stated in s of College arter Credits Pay Increments 45 - 89 90 - 134 135 - 179 180 or more Years One $ 63.67 106.12 148.57 191. 02 of Service Two Three $ 71. 63 $ 79. 59 119.39 132.65 167.14 185.72 214.89 238.78 e 16 e Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C. E. U. 's (Continuing Education Units) in job related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case NO. 78- C. PN-370-A. Employees may choose supplementary pay either for length of service or for educational credits no more often than once e every twelve (12) months. 22.2 For all employees hired after April 24, 1989, monthly longevity pay I shall be established as follows, based on top patrol: a. $71.75 per month after 5 years through 10 years. b. $143.50 per month after 10 years through 15 years. c. $215.25 per month after 15 years through twenty years. d. $258.30 per month after twenty years and thereafter. ARTICLE XXIII UNION STEWARD The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. ARTICLE XXIV MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided...!?y Minnesota Statutes. e 17 ARTICLE XXV 25.1 Any agreements, resolutions, practices, policies, lations regarding terms and conditions of employment, to the exte t inconsistent with the provisions of this AGREEMENT, are hereby s The parties e 25.2 tually acknowledge that during the negotiations which each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditio of employment not removed by law from bargaining. All agreements a d understandings arrived at by the parties are set forth in writing n this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualified waives the right to meet and negotiate regarding any and all te s and conditions of employment referred to or covered EMENT or with respect to any term or condition of employment n t specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge 0 contemplation of either or both of the parties at the time this negoti~ted or executed. I e ARTICLE XXVI HOURS OF EMPLOYMENT The work week wil consist of an average forty (40) hours per week. ARTICLE XXVII DURAT ON The AGREEMENT shal remain in full force and effect for a period cOIIllIlencing January 1, 1992 t rough December 31, 1992. In the event a new AGREEMENT is not in effect J uary 1, 1993, all compensation, working conditions and benefits shall r as set forth in this AGREEMENT until a successor AG T is effected. e 18 e e e IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this ____ day of ' 1992. FOR THE CITY OF STILLWATER: FOR TEAMSTERS, LOCAL NO. 320: 19 APPENDIX A e WAGE SCHEDULE Effective January 1, 19 2, the following wage schedule shall be in effect: Start After 6 months After 12 months After 24 months After 36 months Police Sergeant $275 per month over the Top Patrol (36 month) rate. Juvenile $125 per month over the Top Patrol (36 month) rate. 20 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $3,183 e e tt illwater ~ --~ ---- ~ ~\ i'- THE BIRTHPLACE OF MINNESOTA J (C(Q)[P'1[ May 8, 1992 Mr. David Reichow President Stillwater Firefighter's Association 212 North Fourth Street Stillwater, MN 55082 Dear Dave: Accompanying this letter is a draft of the proposed labor agreement between the City of Stillwater and the Stillw.ater\Firefighter's Association for January 1, 1992 through December 31, 1992. _~raft agreement contains some provisions that were proposed by the City but were not included in your proposal dated March 3, 1992. These provisions/changes along with those stated in your proposal are as follows: tt 1. Changed Article II Seniority, Sections 2 and 3 to read as follows: Section 2. All newly hired employees shall serve a probationary period of twelve (12) months fr?m the effective date of hire. During the probationary period a newly hire or rehired employee may be discharged at the sole discretion of the employer.. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. 2. Changed Article III Sick Leave, Section 3 c and d as follows: c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. 3. Changed Article IV Insurance, Section 1 as follows: I Section 1. Effective January 1, 1992, the employer will contribute up to Two Hundred and Seventy-Five dollars ($275) p$j:o month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two Hundred and Seventy-Five dollars CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 Mr. David Reichow May 8, 1992 Page Two tt ($275) per month, the employer shall contribute 50 percent (50%) f the increase. 4. Changed Article VI Vacations, Section 4 as follows: Section 4. Vacati in th depar amount rate 0 n time not to exceed 80 hours or six shifts may be used following calendar year unless authorized by the ent supervisor. Vacation in excess of the allowable shall be paid on the second pay day in January at the pay in effect at the end of the previous year. Start Six months to on One year to two Two years to thr Three years Captain year ears e years $2,512 2,582 2,812 2,862 2,930 3,076 e 5. Changed Article XI Wages, Section 1 as follows: Section 1. Effect"ve January lr 1992 the following wage schedule shall apply: 6. Changed Article XVII Duration to re~d as follows: Section 1. This greement shall remain in full force and effect for a perio commencing January I, 1992 through December 31, 1992. In th event a new agreement is not in effect on January I, 1993, 11 compensation, working conditions and benefits shall rernai in effect as set forth in this agreement until a successor agreement is effected. and let me know if it is acceptable. I will then Please review the agree forward a signed agreem Sincerely, ~;Ucf~ Nlle L. Kriesel City Coordinator NLK/smc Enclosure t tt LABOR AGREEMENT BETWEEN THE tt CITY OF STILLWATER AND TI-:E STILLWATER FIREFIGHTER I S ASSOCIATION t January 1, 1992 through December 31, 1992 - - Article 11 tt Page 1 1 2 3 4 4 4 5 . . . . . 5 5 5 6 e 6 7 7 8 9 9 TABLE OF CONTENTS I Preamble II Seniority III Sick Leave IV V VI VII VIII IX X Insurance . Severance Pa Holidays Vacations . Uniforms Hours of Employment Residential equirements XI Extra Compensation XII XIII XIV xv XVI XVII XVIII Training Wages Rules and lations Employee Ri Duration Waiver Procedure . tI tt LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER' S ASSOCIATION ARTICLE I PREAMBLE This contract entered into between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of firefighters, hereinafter referred to as employee(s), employed by the City. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. ARTICLE II SENIORITY e Section 1. Senior i ty shall be determined by the employee I s length of continuous employment with the full time fire department and posted in an I appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shall serve a probationary period of twelve (12) months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. Section 3. A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Section 4. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal Section 5. Senior qualified preference after employment. employees shall be given shift assignments eighteen ( 18) months of continuous full-time I 1 Section 6. One continu us vacation period shall be selected on the bases of seniority u til March 1st of each calendar year. e ARTICLE III SICK LEAVE Section 1. All full-tO e employees shall, after a term of employment of one year, be alified to receive payments on account of physical disability 0 work by reason of sickness. For the purpose of this contract, s.ckness shall include injury other than accidental injury arising out of and in the course of employment by the CIty. Sickness benefits sh 11 be as follows: a. b. If years of employment has been one year but less than two one week full pay. c . of employment has been 25 years or more - full pay 52 If te half of employment has been 2 to 5 years - full pay 4 weeks; ay 9 weeks. If te weeks of employment has been 5 to 10 years - full pay 13 half pay 13 weeks. d. If te weeks of employment has been 10 to 15 years - full pay 13 half pay 39 weeks. tt e. If te weeks of employment as been 15 to 20 years - full pay 26 I half pay 26 weeks. f. If te weeks of employment has been 20 to 25 years - full pay 39 half pay 13 weeks. g. If te weeks Section 2. No disabili y benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disabili ty . Section 3. Sickness di ability benefits usage shall be subject to the following conditions: a. loyee may use the full entitlement only once annually. b. ys used by an employee must be replaced at the following g rate: employees shall earn sickness disability leave rate of two shifts for each month worked. c. ss disability leave time cannot be earned during the time loyee is on sick leave. Sick leave earned back shall red on a pro rate basis each month with no earn back t 2 tt .Section 4. Section 5. Section 6. e of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. Section 7. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. ARTICLE IV INSURANCE Section 1. Effective January 1, 1992, the employer will contribute up to Two Hundred and Seventy-Five dollars ($275) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance j~creases beyond the Two Hundred and Seventy-Five ($275) per month, the ~ employer shall contribute fifty percent (50%) of the increase. 3 Section 2. Ten dollars ($10) of the maximum may be utilized to provide an A employee den al insurance program for all unit employees if the union ,., notifies the employer that the unit employees desire such coverage. Section 3. The City sh 11 provide and pay for a $15,000 term life insurance policy for e ch employee. ARTICLE V SEVERANCE PAY Section 1. One-half of nused disability benefits shall be granted as severance pay upon re irement due to age or physical disability to employee having comp eted not less than ten years of service with the City, but in no e ent shall severance pay exceed an amount equal to one (100) days ay. In the event of death while still employed, the surviving sp use, if any, or if no surviving spouse, minor children, if any, sha 1 be entitled to such severance pay in the same amount as though uch employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exc ed sixth (60) days of full pay. ARTICLE VI HOLIDAYS Section 1. Employees s all be entitled to eleven (11) paid holidays per year. e A Section 2. Holiday pay shall be made the first day of the month of December of each year. Section 3. The hourly hour week 0 ate for holiday pay shall be computed on a forty (40) one hundred seventy-three (173) hours per month. Section 4. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Section 5. Immediately preceding the 1st anniversary date of employment the employee sha 1 be entitled to one additional floating holiday without holiday pay After 1 year up to 2 ye rs service Section 1. Permanent e following s ARTICLE VII VACATIONS shall be entitled to vacations according to the Based on 40 hr. Work Week Based on 56 hr. Wod<: Week one week three shifts I 4 e tt It After 2 years up to 5 years of service two weeks six shifts After 5 years up to 10 years of service three weeks nine shifts After 10 years up to 15 years of service one additional day up to 15 yrs of service one additional shift up to 15 of service After 15 years of service four weeks fifteen shifts Section 2. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. Section 3. For the purpose of the Article, January 1st immediately preceding the Employee I s anniversary date of employment shall be used to determine employees term of employment. Section 4. Vacation time not to exceed 80 hours or six shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second pay day in January at the rate of pay in effect at the end of the previous year. ARTICLE VIII UNIFORMS Section 1. t The City shall provide required uniform articles and equipment. ARTICLE IX HOURS OF EMPLOYMENT Section 1. The basic work week for a full-time employee shall be fifty-six (56) hours per week. ARTICLE X RESIDENTIAL REQUIREMENTS Section 1. All employees shall live in an area within the State of Minnesota which requires not more than 15 minutes of driving time from residence to employment at speeds not in excess of posted speed limits, service by an all weather road. ARTICLE XI EXTRA COMPENSATION Section 1. Employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, 5 filling in or employees away at training schools or other duty A outside thei normal shifts. Extra compensation for filling in for ~ absent emplo ees shall be on a daily basis computed by dividing the monthly pay y the number of days worked. Other extra duty shall be paid as f llows: a. lback and filling in for men away at training schools, ensation shall be at time and one-half with two hour guarantee. Any additional time worked beyond the hour shall be calculated on the one half hour. b. ra duty at the fire station (night duty), Five dollars r each night. c. es requesting in writing to the employer to receive compen atory time off in lieu of paid over-time as established in Se tion 1. (b) of this Article shall be allowed such compen atory time of at a time that is mutually acceptable betwee the employee and employer. An compensatory time not taken ff by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over t the next year. ARTICLE XII TRAINING tt Section 1. city will p ovide all traini~g required by the city at the City's expense. ARTICLE XIII WAGES Start Six months One year to Two years t Three years Captain 1992 the following wage schedule shall apply: Section 1. Effective o one year two years three years $2,512 $2,582 $2,812 $2,862 $2,930 $3,076 Section 2. The average work year is 2912 hours for employees whose schedule provides fo 24 hour shifts, which shall average 56 hours per week 3 hours of w ich is compensated at one and one-half times the hourly rate in acc rdance with the Federal Fair Labor Standards Act. Section 3. The the shall be paid a monthly longevity bonus~ccording to longevity pay schedule: After 5 ye employment $ 66 per month e 6 e After 10 years of employment After 15 years of employment After 20 years of employment $132 per month $198 per month $238 per month If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut- off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one-half of amount. Section 4. Employees shall be paid on the Friday of every second week constituting 26 pay days per year. Section 5. Compensation for extra duty shall be computed at the end of each pay period. ARTICLE XIV RULES AND REGOLATIONS e Section 1. Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XV ~ EKPLOYEE RIGHTS - GRIEVANCE PROCEDURE Section 1. Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Section 2. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. I Section 3. Processing of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is invc:"'Stigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined 7 that such absence is reasonable and would not be detrimental to the ~ work progr s of the employer. ~ Section 4. Procedure. Grievances shall be resolved in conformance with the following p ocedures: a. An e loyee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such griev nce to the employee's supervisor as designated by the emplo er. The employer designated representative will discuss and g've an answer to such Step 1 grievance within 10 calendar days fter receipt. A grievance not resolved in Step 1 and appea ed to Step 2 shall be placed in writing setting forth the n ture of the grievance, the facts on which it is based, the pr vision or provisions of the contract allegedly violated, the r medy requested and shall be appealed to Step 2 within ten calendar days after the employer designated repre entative's final answer in Step 1. Any grievance not appea ed in writing to Step 2 by the Association within 10 calen ar days, shall be considered waived. If ap ealed, the written grievance shall be presented by Assoc ation and discussed with the employer designated Step 2 repr sentative. The Employer designated representative shall give he Association the Employer's Step 2 answer in writing withi 10 calendar days shall be considered waived. b. e I c. ealed, the written grievance shall be presented by the Assoc at ion and discussed with the Employer designated Step 3repr sentative. The Employer designated representative shall give he Association the Employers answer in writing within 10 ca endar days after receipt of such Step 3 grievance. A griev nce not resolved in Step 3 may be appealed to Step 4 withi 10 calendar days following the employer designated repre entative's final answer in Step 3. Any grievance not appea ed in writing to Step 4 by the Association within 10 calen ar days shall be considered waived. d. A gri vance unresolved in Step 3 and appealed to Step 4 by the Assoc ation shall be submitted to arbitration subject to the provi ions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in ac ordance with the "Rules Governing the Arbitration of Griev ces", as established by the Public Employment Relations Board ARTICLE XVI EMPLOYER AUTHORITY Section 1. The Associa ion recognizes the prerogative of the City to operate I 8 . ' e and manage its affairs in all respects in accordance with existing and future laws and regulations of the appropriate authorities including state laws and regulations and local personnel policies and work rules. The prerogatives or authority which the City has not officially abridged, delegated or modified by this contract are retained by the City, such as, but not limited to: 1. Direct employees. 2. Hire promote, transfer, assign, retain employees in positions and to suspend, demote, discharge or take disciplinary action against employees. 3. Relieve employees from duties because of lack of work or other legitimate reasons. 4. Maintain the efficiency of the government operations. 5. Determine the methods, means, job classifications and personnel by which such operations are to be conducted. 6. Take whatever actions may be necessary to carry out the missions of the agency in situations of emergency. 7. Determine reasonable schedule of work and establish the methods and processes by which such work is performed. e ARTICLE XVII / DURATION Section 1. This agreement shall remain in full force and effect for a period commencing January 1, 1992 through December 31, 1992. In the event a new agreement is not in effect on January 1, 1993, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XVIII WAIVER Section 1. Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. It Section 2. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimit~ right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth 9 , . in writing 'n this agreement for the stipulated duration of this ~ agreement. The employer and the union each voluntarily and ., unqualifiedl waives the right to meet and negotiate any and all terms and c nditions of employment referred to or covered in the agreement or with respect to any termor condition of employment not specifically referred to or covered by this agreement, even though such terms 0 conditions may not have been within the knowledge or contemplatio of either or both of the parties at the time this contract was negotiated or executed. IN WITNESS WHEREOF, the arties have executed this agreement as follows: For: City of Stillwater Dated: Dated: , 1992. By Mayor By Clerk For: Stillwater Firefighter1s Association - , 1992. By Secretary By President - e 10 e tt e CC(C>>~)f r illwater ,,~ - - ~ --- ------- -\ ~ THE BIRTHPLACE OF MINNESOTA J May IS, 1992 Mr. Tim Conners Business Representative lUGE Local 49 2829 Anthony Lane South Minneapolis, MN 55418 Dear Mr. Conners: Accompanying this letter is a draft of the proposed labor agreement between the City of Stillwater and I.U.G.E. Local 49 for January 1, 1992 through December 31, 1992. The draft agreement contains some provisions that were proposed by the City but were not included in your proposal dated May 14, 1992. These provisions/changes along with those stated in your proposal are as follows: 1. Changed Article 12.2 read as follows: 12.2 All employees will serve a twelve (12) month's probationary period in any job classification in which the employee has not served a probationary period. ~ 2. Changed Article 17.1 to read as follows: 17.1 Effective January 1, 1992, the employer will contribute up to Two Hundred and Seventy-Five dollars ($275) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two Hundred and Seventy-Five dollat$275} per month, the employer shall contribute 50 percent (50%) of the increase. 3. Changed Article 18.3 c. and d. to read as follows: c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a rep.!acement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. 4. Changed Article 22.1 to read as follows: 22.1 Effective January 1, 1992 the following wage schedule shall be in CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 effect: tt De 14.86 14.54 14.00 10.20 Mechanical - Chief Mech Mechanic Mechanic H lper Laborer/Ma"ntenance Worker Park Depar Parkkeeper Junior P Laborer/M Worker 14.54 14.00 10.20 Sewer Depar Licensed Junior Se Laborer/M ent - ewer Maintenance Worker er Maintenance Worker intenance Worker 14.54 14.00 10.20 Street Depa tment - Heavy Equ" ment Operator Light Equ' ment Operator Laborer/M intenance Worker 14.54 14.00 10.20 5. Added new section Article 22.11 to read as follows: e ,j Employees employe by the employer on a seasonal or temporary basis for not more than 120 ork days per calendar year either in a full time or part time capacity (mo e than 14 hours per week) will be paid at a salary to be determined by he employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement except those which may be required by law or those which are specifically outline below. 6. Changed Article I to read as follows: This agreement s all remain in full force and effect for a period commencing Januar 1, 1992 through December 31, 1992. In the event a new agreement is not "n effect on January 1, 1993, all compensation, working conditions and b nefits shall remain in effect as set forth in this agreement until a successor agreement is effected. Please review the agree ent and let me know if it is acceptable. I will then forward a signed agreem nt. Sincerely, '- ~~Krc!:sfft~ City Coordinator e NLK/smc Enclosure .uJ.~~" U\.lUVUU.l \,Ij,UVU VI Vp~l YUuy ~.u~U.l~.r:; 4~.)~ c ;rE~,,::.M~f; .J.)...t,,,.,Ii.J~/:r1.' LOCAL U~ION NO 4'3. J9A. 498 ~9C 4~() ,30'J .191: MINNESOTA · "OATH DAKOTA · SOUTH DAKOTA ,E", 'a(f"(Q)~: O\.V;:., ~ U~ 'ij. ",. .:.~ L. \~I._" '.;,c~ .(J'~.~,:(Jf'r" ~.. \;l s':~r::IJ'Jl",! F'" R,!cor":,,., :"':'.1"~',",I"(.Ind''''g .~ec tet3"'( JOP"'fl".; !"'" ~E-~ ~'5(JN ."r~"J ~'u'e" F8ED P DERES':~UK .;.k~ "C'';~; l,A;;f'",::er.Fr,"c'.CI:J1 SeC"':filp, ;~.:-:: ~'''...t:.l. ..':''''\1: ':. ..._ .. \' Irt.,'..r~_' .~ '.~ t.-4'.:..~:'T".:. :':.;"-: May 14, 1992 Post-It'" brand tax transmittal memo 7671 ~~\ ,~ Co'c Dept. - z. Mr. Nile L. Kriesel City Coordinator City of Stillwater City Hall 216 North Fourth Still~ater, MN 55082 Fax' RE: 1992 Labor Agreement Dear Mr. Kriesel: Concerning the. labor agreement between the City of Stillwater and I.U.O.E. Local No. 49, we are revising our proposal as follows: e 1) \ INSURANCE (ARTICLE XVII) - Change as follows: Effective January 1, 1992, the EMPLOYER will contribute up to Two Hundred and Seventy-Five Dollars ($275.00) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two Hundred and Seventy-Five Dollars ($275.00) per month, the tMPLOYER shall contribute fifty percent (50%) of the increase. 2) WAGES Effective January 1, 1992: Mechanical - Chief Mechanic Mechanic Mechanic Helper Laborer/Maintenance Worker $ 14.86 14.54 14.00 10.20 Park Department- Parkkeeper Junior Parkkeeper Laborer/Maintenance Worker 14.54 14.00 10.20 ;;;::. tt BRANCH OFFICES 3'.." -7'; ~:C2 L~rc~r ~:i= .: ....~n ~.u. =~~.: 2 'Bi "'2~. :'';!~.. ~. "t Sr.~ 'J~2 HI :": :'.;' ~ I.' )0" . ~~. .~: ~:~r!'" . '.:"'a ~1",:: ~~'d '~Il ~:., \P', ~.::~...' '.'...-.::": \.H~ ~;;:)(:.' =:-:"~:'':'' 1.1.; ~:;'./ ;,.: .....:'.: ':..:<~ ~::: ;;:;-:: .. 5~" ':'9:;.,;';:. ::-'1;, .,~. .o?"J~~ '':1."(:. _ "'J~~-.;"':li: S' .:.....': '.t~-t .:;.~: ;.~~ . ~ . .~,:, :... :: . ~t .:. ~ ..: 3--, .-.-:. =':.":.:' ~,;:: ...i~'~:, . "t: 1:'::: ~: :..:..;~ ...~;..,~. ". ~':. ::~~ ?~~~ -'. ...;. '" ".~ .- . ....' ... .... -.:. ';.'~..' =:".i \:. :t:Jf:e -". -"':'~:1~':' Mr. Nile Kriesel City of Stillwater 1992 Labor Agreement-Prop sa1 (Revised) May 14, 1992 Page 2. e (Wages - Continued) Sewer Department- Licensed Sewer M intenance Worker Junior Sewer Main enance Worker Laborer/Maintenan e Worker $ 14.54 14.00 10.20 Street Department- Heavy Equipment Op~r Light Equipment Oper Laborer/Maintenance tor tor orker 14.54 14.00 10.20 The above rates reflect a 2.5% increase over the 1991 rates. All issues retroactive to January 1, 1992. ********************* ************************************* The above proposal has be n voted on to be acceptable by the membership. Sincerely, INTERNATIONAL UNION OF OP RATING ENGINEERS, LOCAL NO. 49 e I' Tim R. Connors Area Business Representat ve TRC/da opeiu 1112 afl-cio FAXED: Approx. 2:35 PM 05 14/92 (Original mailed) -....... - tt e DRAFT LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO tt JANUARY 1, 1992 - DECEMBER 31, 1992 e TABLE OF CONTENTS e ARTICLE PAGE I Purpose 0 Agreement 1 II Recogniti n 1 III Definitio 2 IV Employer ecurity 3 V Employer uthority 3 VI Right of ubcontract 3 VII Disciplin 3 VIII Union Sec rity 4 IX Employee ights - Grievance Procedures 5 X 10 XI Job Posti g 10 XII Probation ry Periods 11 e XIII Work Sche ules 12 XIV Overtime ay 12 XV Legal Pro ection 13 XVI Safety 14 XVII Insurance 14 XVI II Sick Leav 14 XIX Severance Pay 17 XX Ho 1 i days 18 XXI Vacations 18 XXII Wages 19 XX II I Mi scell an ous 23 XXIV Savi ngs C ause 23 e XXV Waiver 23 XXVI Duration 24 tt e tt LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER MD LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1992 between the City of Stillwater, Washington County, Minnesota, hereinafter called the EMPLOYER, and Local No. 49 of the International Union of Operating Engineers, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: Assure sound and mutually beneficial working and economic relationships between the parties hereto; Establish certain hours, wages and other conditions of employment; . Establish procedures for the resolution of disputes concerning this AGREEMENT1S interpretation and/or application. 1.4 Specify the full and complete understanding of the parties; and 1.5 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION The City recognizes Local No. 49 as the exclusive representative for all 1 non-supervisory positions within the Stillwater Public Works and Parks Departments. e ARTICLE III DEFINITIONS 3.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 3.2 EMPLOYER: The Cit of Stillwater 3.3 UNION MEMBER: A m mber of the International Union of Operating Engineers, Local o. 49, AFL-CIO. 3.4 EMPLOYEE: A membe of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: Th employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SENIORITY: Length of continuous service in any of the job classifications c vered by ARTICLE II - RECOGNITION. - Employees who are promoted from a job classification covered by this I AGREEMENT and ret rn to a job classification covered by this AGREEMENT shall have their eniority calculated on their length of service under this AGREEMENT fo purposes of promotion, transfer and layoff and total length of s rvice with the EMPLOYER for other benefits under this AGREEMENT. 3.7 OVERTIME: Work pe formed at the express authorization of the EMPLOYER in excess of eith r eight (8) hours within a twenty-four (24) hour period (except fo shift changes) or more than forty (40) hours within a seven (7) day p 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time e 2 other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE IV EMPLOYER SECURITY The Union agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. e 5.1 e 5.2 e 7.1 ARTICLE VII DISCIPLINE The EMPLOYER will discipline employees for just cause only. 3 Discipline will e in one or more of the following forms; e a. oral repr mand; b. wr it ten r primand; c. suspensio d. demotion; or e. discharge 7.2 An employee may e reclassified to a lower classification for improper performance of d ties required in the higher classification. Prior to recl assification for improper performance, an emp 1 oyee shall be verbally reprima ded for a first instance, reprimanded in writing for a second instance nd recl ass ifi ed on a third instance. Suspensions and ischarges will be in written form. 7.3 Written repriman s, notices of suspension and notices of di scharge which are to bec me a part of an employee's personnel fn e shall be e read and acknowl dged by signature of the employee. Employees and the \ UNION will rece ve a copy of such reprimands and/or notices. 7.4 Employees may ex mine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 7.5 Discharges will e preceded by a three day suspension without pay. 7.6 Grievances relat ng to this Article shall be initiated by the UNION as provided in Arti le IX - Grievance Procedure. ART! CLE VII I UNION SECURITY 8.1 The EMPLOYER sha 1 deduct from the wages of employees who authorize such deductions n writing an amount necessary to cover monthly UNION dues, or a "fair share" deduction as provided by Minnesota Statutes e 4 179.65, Subdivision 2, if the employee elects not to become a member of e the UNION. Such monies shall be remitted as directed by the UNION. 8.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 8.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 8.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE IX EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE DEFINITION OF A GRIEVANCE 9.1 e A grievance is defined as a dispute or disagreement as to the \ interpretation or application of the specific terms and conditions of this AGREEMENT. 9.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 9.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the e processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be 5 accomplished dur ng normal working hours only when consistent with such EMPLOYEE duties responsibilities. The aggrieved EMPLOYEE and the e UNION REPRESENTA IVE shall be allowed a reasonable amount of time without loss in ay when a grievance is investigated and presented to the EMPLOYER dur ng normal working hours provided the EMPLOYEE and the UNION REPRESENTA IVE have notified and received the approval of the designated super isor who has determined that such absence is reasonable and w uld not be detrimental to the work programs of the EMPLOYER. 9.4 PROCEDURE Grievances, as d fined by Section 9.1, shall be resolved in conformance with the followi g procedure: Step 1 An EMPLOY E claiming a violation concerning the interpretation or applic tion of this AGREEMENT shall, within twenty-one (21) calendar ays after such alleged violation has occurred, present ; e such grie ance to the EMPLOYEE1S supervisor as designated by the EMPLOYER. The EMPLO ER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after rec ipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the griev nce, the facts on which it is based, the provision or provision of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar ays after the EMPLOYER-designated representative1s final ans er in Step 1. Any grievance not appealed 10 writing to e 6 Step 2 by the UNION within ten (10) calendar days shall be e considered waived. Step 2 If appealed, the written grievance shall be presented to the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYERIS Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. e Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall I give the UNION the EMPLOYER1S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative1s final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER IS final e answer in Step 4. Any grievance not appealed in writing to Step 7 5 by the NION within ten (10) calendar days shall be considered waived. e Step 5 A grievan e unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employmen Labor Relations Act of 1971 as amended. If the parties c nnot agree upon an arbitrator, the selection of an arbitrato shall be made in accordance with the "Rules Governing the Arbit ation of Grievances" as established by the Public Employmen Relations Board. 9.5 ARBITRATOR'S AUT ORITY A. The arbit ator shall have no right to amend, modify, nullify~ ignore, a d to, or subtract from the terms and conditions of this AGRE MENT. The arbitrator shall consider and decide only the speci ic issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any , e other iss e not so submitted. B. The ator shall be without power to make decisions contrary to, or in onsistent with, or modifying or varying in any way the applicati n of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing w thin thirty (30) days following the close of the hearing 0 the submission of briefs by the parties, whichever be later, un ess the parties agree to an extension. The decision shall be inding on both the EMPLOYER and the UNION and shall be based solly on the arbitrator's interpretation or application of the ex ress terms of this AGREEMENT and to the facts of the grievance presented. e 8 C. The fees and expenses for the arbitrator's services and ~ proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 9.6 WAIVER If a grievance is not presented within the limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S e last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat \ the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 9.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response to Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article IX or a procedure such as: Civil Service, Veteran's Preference e or Fair Employment. If appealed to any procedure other than Step 5 of Article IX the grievance is not subject to the arbitration-procedure as provided in Step 5 of Article IX. The aggrieved employee shall indicate 9 in writing which procedure is to be utilized - Step 5 of Article IX or another appeal pr cedure - and shall sign a statement to the effect e that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article IX. ARTICLE X SENIORITY 10.1 Seniority will be the determining criterion for transfers, promotions and layoffs when all job-relevant qualification factors are equal. 10.2 In the event of a job opening, the job shall be announced by bulletin and the oldest pe manent employee shall be given the first opportunity to step up for motion, provided such employee is qualified to perform the work 10.3 Seniority will be the determining criterion for recall when the job-relevant qual "fication factors are equal. Recall rights under this provision will co tinue for twenty~four (24) months after layoff. 1 e Recalled employee shall have ten (10) working days after notification of recall by regi tered mail at the employee's last known address to 10.4 report to work or forfeit all recall rights. Permanent employe s listed in Article XXII, Section 1, shall not be reduced in pay sc le when temporarily assigned work of a lower classification. T is shall not prevent an employee from being reclassified to a lower classification when no work is available in his regular classific tion for an extended period of time. ARTICLE XI JOB POSTING 11.1 The EMPLOYER and he UNION agree that permanent job vacancies within e 10 the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 11.1.1 have the necessary qualifications to meet the standards of the job vacancy; and 11.1.2 have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XII (PROBATIONARY PERIOD). 11.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XII PROBATIONARY PERIODS 12.1 All newly hired or rehired employees will serve six (6) months probationary period. 12.2 All employees will serve a twelve (12) month1s probationary period in any job classification in which the employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 12.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee1s previous e position at the sole discretion of the EMPLOYER. e e 11 ARTICLE XIII WORK SCHEDULES 13.1 The sole authorit of work schedules is the EMPLOYER. The normal work day for an employe shall be eight (B) hours. The normal work week shall be forty hours Monday through Friday. 13.2 Service to the pu lic may require the establishment of regular shifts for some employees on a daily, weekly, seasonal or annual basis other than normal 7:00 a.m. - 3:30 p.m. day. The EMPLOYER will give seven (7) days advance noti e to the employees affected by the establishment of work days differe t from the employee's normal eight (B) hour work day. 13.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipme t or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled 0 work more than,eight (B) hours, however, each employee has an 0 ligation to work overtime or call backs if requested unless unusual ci cumstances prevent the employee from so working. 13.4 The average work onth for employees for purposes of computing vacations, sick 1 ave and fractions of month's work shall be one hundred seventy-three (173) hours. ARTICLE XIV OVERTIME PAY 14.1 Overtime is defin d as all hours worked in excess of eight (B) hours per day or forty (40) hours per week and for all hours worked on Saturday, Sunday and legal holidays or days observed as holidays except as provided in Section 14.6. 14.2 Overtime will be distributed as equally as practicable by Department. 12 e e e 14.3 Overtime refused by employees will for record purposes under ARTICLE ~ 14.2 be considered as unpaid overtime worked. 14.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.5 An employee called back to work after he has completed his regular work day or called out on his day off shall receive a minimum of four (4) hours compensation. 14.6 Employees who are required to work on Saturdays or Sundays or holidays, in addition to their regularly assigned shift, shall be compensated at the overtime rate for such days and shall receive a minimum of four (4) hours compensation at the overtime rate for each Saturday, Sunday or e holiday, or day observed as a holiday, that they are required to be on weekend duty. It is understood that these employees will make routine checks of City sewer facilities. Any call-outs, other than those \ routine duties, will be compensated as specified in 14.5 above. ARTICLE XV LEGAL PROTECTION 15.1 The City shall provide through insurance coverage or otherwise, defense, necessary legal expenses and other costs to any employee against whom a claim is made or a lawsuit is commenced which is based upon the conduct of the employee acting in the course of this employment, except for intentional torts and crimes of ordinance violations knowingly committed by such employee. 15.2 Eligibility shall be determined by the City Council on an individual basis as to its reasonableness. e 13 ARTICLE XVI SAFETY e The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to ooperate in safety matters and to encourage employees to work in a safe manne . ARTICLE XVII INSURANCE 17.1 Effective Januar 1, 1992, the employer will contribute up to Two Hundred and Severty-five dollars ($275) per month per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases beyond the Two H ndred and Seventy-five dollars ($275) per month, the employer shall c ntribute 50 percent (50%) of the increase. 17.2 The EMPLOYER shall provide each employee with a $15,000 decreasing term , e life insurance p licy. ARTICLE XVIII SICK LEAVE 18.1 All full-time em year, be qualifi shall, after a term of employment of one (1) to receive payments on account of physical disability to wo k by reason of sickness. For the purpose of this contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: a. If term of employment has been one year but less than two years, one week ull pay. e 14 e e It b. If term of employment has been 2 to 5 years - full pay 4 weeks, half pay 9 weeks. c. If term of employment has been 5 to 10 years - full pay 13 weeks, half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks, half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks, half pay 26 weeks. f. If term of employment has been 20 to 25 years - full pay 39 weeks, half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. 18.2 No disability benefits shall be paid for absences in excess of three (3) consecutive days without a doctor's certificate as to sickness disability. 18.3 Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each month worked. Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one-half (1 1/2) days for each month worked. 15 Employees with ten (10) or more years service shall earn sickness is abil ity leave time at the r ate of two (2) days for e each mon t worked. c. Sickness isabil ity leave time cannot be earned during the time an employ e is on sick leave. Sick leave earned back shall be a pro rata basis each month with no earn back of leave for that portion of sick 1 eave used during the month. d. Sickness is abil ity 1 eave time shall be earned as a replacement for used eave time by only those employees who have utilized the benef t. Sick leave used last shall be replaced first. e. For the p rpose of this Article, the January 1st immediately preceedin the Employee's anniversary date of employment shall be used t determine Employees term of employment. 18.4 Any employee rec iving Worker's Compensation benefits because of job connected injury or sickness shall1 if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker1s Compensation benefits and does not assign his check, he will be paid or the difference between the Worker's Compensation allowance and hi regular weekly pay. Sick leave shall then be figured on a pro-rated basis with no deduction of lea e being made for that portion of the employee's absence which is covered by Worker's Compensation Insurance. 18.5 Sick leave shall not be granted if the absence is due to an injury resulting from i toxication or fighting. 18.6 Sick leave will e suspended after benefits have been exhausted; however, an empl yee who has fulfilled all of the requirements for a vacation which h s not been taken may request vacation pay during 16 e e e e e disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. 18.7 Sick leave usage will only be allowed for injury or illness of the employee and not for time off for any legal proceedings associated with an injury. ARTICLE XIX SEVERANCE PAY 19.1 All permanent employees who have completed ten (10) years of service with the City shall be entitled to fifty percent (50%) of their unused sick leave but not to exceed one hundred (100) days, as severance pay upon retirement, providing the employee is immediately entitled to receive retirement benefits under a bonafide retirement program or if they become disabled so they must terminate their employment. 19.2 All permanent employees who have completed less than ten (10) years of service with the City Shall be entitled to fifty percent (50%) of their unused sick leave but not to exceed five thousand dollars ($5,000.) if they become disabled and so must terminate their employment. In the case of death, their surviving spouse or dependent children shall be entitled to their severance pay. 17 ART!CLE XX HOLIDAYS e 20.1 All employees sh 11 be granted leave of absence with regular pay on all legal holidays; hey are: HOLIDAYS New Years Day Memorial Day Good Friday Christmas Day Labor Day Thanksgiving Day President's Birt'day Columbus Day Independence Day Veteran I S Day In addition to t e above holidays all employees shall be granted leave of absence with egular pay on the holidays as follows and in the manner that foll ws: One floating hol day On the last sche uled day before Christmas Day - 1/2 day. , e On the Friday fo lowing Thanksgiving Day - 1 full day. 20.2 When a holiday f lls upon a Saturday, the preceding Friday shall be considered a hol day; or when a holiday falls upon a Sunday, the following Monday Shall be a holiday. ART! CLE XX I VACAT!ONS 21.1 Permanent employes shall be granted the following vacations: From 0 thru 12 m nths employment 5/6 days per month From 1 year thru 4 years employment 10 days per year After 4 years th u 10 years employment 15 day per year After 10 years t ru 15 years employment 20 days per year e 18 e 21.2 21.3 21.4 21.5 e 21.6 21.7 21.8 e After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days Employees with two or more weeks vacation due must take all but one week vacation in increments of not less than one week. One week of vacation may be taken in increments of less than one day at the discretion of the Department Head. Vacation periods shall be selected on the basis of seniority. If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee shall not be charged for vacation for the holiday. Any employee who is laid off, discharged, retired or separated from the service of the Employer for any reason, prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation. Vacation time can be accumulated up to eighty (80) hours and used in the following year. Vacation in excess of eighty (80) hours at the end of the year shall be paid on the second pay day in January at the rate of pay in effect at the end of the previous year. A maximum of six (6) weeks vacation may be used during anyone (1) calendar year except as provided for in Article 18.6. Vacation shall accrue on January 1st immediately preceding the anniversary date of employment. ARTICLE XXII WAGES 19 22.1 Effective Januar 1, 1992 the following wage schedule shall be in effect: e Department Mechanical - Ch i ef Mechan i Mechan i c Mechanic Help r Laborer/Maint nance Worker Park Department Parkkeeper Junior Parkke Laborer/Maint nance Worker 14.86 14.54 14.00 10.20 14.54 14.00 10.20 Sewer Department - Licensed Sewe Maintenance Worker 14.54 e Junior Sewer aintenance Worker 14.00 Laborer /Ma in t nance Worker 10.20 Street Departmen Heavy Equi pme t Operator 14.54 Light Equipme t Operator 14.00 Laborer/Maint nance Worker 10.20 22.2 Employees requir d to operate the following equipment shall be considered as He vy Equipment Operators: Motor Patrol, dozer, pick-up, sweepers, crawler-type tractors (over 30 H.P.), rub er-tired front-end loaders (over 30 H.P.), 4 wheel drive trucks, hydraulic back hoes, bucket machine and sewer vactor/rodder e 20 22.3 Employees required to operate the following equipment shall be ~ considered as Light Equipment Operators: Brush chipper, rubber tired farm tractors (under 30 H.P.), power driven mowers, distributors, single-axle trucks with snow plow attachments and trucks (all types except four wheel drive). 22.4 Employees who are required to work at a higher classification shall receive the rate of pay for the highest classification for the hours assigned to the higher classification. 22.5 Employees who are required to work fifty percent (50%) or more at a higher job classification in a calendar year shall be eligible for re-classification. 22.6 All new employees hired after January 1, 1985 may be classified at the e sole discretion of the Employer as laborer/Maintenance Workers and shall receive working out of classification pay for those hours assigned to operate equipment listed in Section 22.2 and Section 22.3 I of this article. 22.7 There shall be twenty-six (26) pay periods each year. 22.8 Uniforms shall be provided for employees for outside work. 22.9 The employer shall pay a longevity bonus on the first payday in December according to the following monthly longevity pay schedule: Years of Service 5 10 15 20 Chief Mechanic 58.00 116.00 175.00 209.00 Mechanic 57.00 114.00 170.00 205.00 Mechanic Helper 55.00 110.00 164.00 198.00 Parkkeeper 57.00 114.00 170.00 205.00 II Jr. Parkkeeper 55.00 11 0 . 00 164.00 198.00 21 Licensed Sewer W 57.00 114.00 170.00 205.00 Jr. Sewer Worker 55.00 11 0 . 00 164.00 198.00 e Heavy Equipment 57.00 114. 00 170.00 205.00 Light Equipment 55.00 110.00 164.00 198.00 Laborer/Maintena ce Worker 40.00 79.00 118.00 142.00 The longevity pa bonus shall be equal to the number of months the employee was eli ible to receive longevity pay times the scheduled amount. If an e ployee becomes eligible to receive longevity pay for only a portion 0 a month, the longevity pay for that month shall be determined by di the monthly longevity pay by the number of actual working d in the month. SB Wastewater Facility operator license shall e 22.10 Any employee who currently assigned to the sewer department and who has a current Cl receive a monthl payment of $50.00. Said monthly payment shall not be j used to calculat overtime pay, longevity pay, holiday payor any other type of premium be paid only to employees currently assigned rmined by the Employer for the term of their to the sewer rtment and shall cease upon revocation or expiration of the Class 22.11 Employees employ d by the employer on a seasonal or temporary basis for not more than 12 work days per calendar year either in a full time or part time capaci y (more than 14 hours per week) will be paid at a salary to be employment. employees will not be eligible for any benefits under this agreement e cept those which may be required by law or those which are specifically outlined below. e 22 ARTICLE XXIII MISCELLANEOUS 23.1 The City shall provide employees in the Mechanical Department with a tool allowance to cover the cost of lost, stolen or broken tools. ARTICLE XXIV SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and ~ unqualifiedly waives the right to meet and negotiate regarding any and e e 23 all terms and co ditions of employment referred to or covered by this AGREEMENT or wit respect to any term or condition of employment not 4It specifically ref rred to or covered by this AGREEMENT, even though such terms or conditi ns may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or ex cuted. ARTICLE XXVI DURATION This AGREEMENT shall remain in full force and effect for a period commencing January 1, 1 92, through Oecember 31, 1992. In the event a new AGREEMENT is not in eff ct on January 1, 1993, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREE ENT is effected. e day of IN WITNESS WHEREOF, the parties have executed this AGREEMENT on this ; , 1992. FOR THE CITY OF STILLWA ER FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 e 24 e r illwater "~ -- - ~ ---- ~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 14, 1992 SUBJECT: WATER STREET LANDSCAPING e The City Council directed Staff, based on a petition from property owners along Water Street, to look into landscape and alternatives for the Water Street area between Nelson Street and Chestnut Street. (The landscaped plan will be presented at meeting time.) It is suggested the City contract independently for the plantings or use City Staff. RECOMMENDAT!ON: Review and approval of landscape plan. It CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e CITY OF STILLWATER PLANT MATERIAL LIST FOR PARKING 1 Marshall's Seedless Ash Fraxinus pennsylvanica 'M.S.' 4 Red Ember Maple Acer rubrum 'Red Ember' 5 Thornless Hawthorn Crataegu~~~rusgalli inermis 4 Dwarf Mugo Pine Pinus mugo var. mugo 12 Hughes Juniper Juniperus horizontalis .Hughes'. 10 Arrowwood Viburnum Viburnum dentatum 40 Dwf American Cranberry' Viburnum trilobum 'Compactum' 12 Isanti Dogwood Cornus sericea 'Isanti' 21 Anthony Waterer Spirea Spiraea x bumalda 'A.W.. 2 Engelman Ivy Parthenocissus quinquefolia engelmanni Annuals Geraniums-red Ageratum-purple Celosia-red, yellow Begonias-red, yellow, orange Impatiens-pink, red (shaded areas) 2.5" cal. $150. $150. 2.5" cal. 182. 728. 2" cal. 125. 625. 30" sprd. 45. 180. "- 17 pot 20. 240. '\ 4. ht. 21. 210. 17 pot 20. 800. 17 pot 13. 156. 15 pot 12. 252. 11 pot . 6. 12. TOTAL $3353. ~ e St. Croix Valley Alana Society 208 South Third Street Stillwater, Mn. 55082 t1ay 1, 1992 To: Stillwater City Council St111wat'.?r. i1n. e This letter pertains to the recent notification we recieved from the Bayport Foundation regarding assesment fees levied ~owards the Jcesph Roach Hall. Monday April 27th was the first correspondence we recieved on this matter. The Roach Hall houses a nonprofit organization called the Stillwater Alane Society which offers Alcoholic Anonymous meetings. Alanon, l1terature and a safe haven for people with problems be it with themselves or family and friends. It is open seven days a week to the general public at no charge except for a basket which is passed for voluntary contributions. We are truely a nonprofit organization and are responsible for the upkeep and monthly bills for the house and our checkbook reflects the nonprofit part of our name. We would like to continue this service for the St. Croix Valley at all costs but financially we are not able to afford the assesment placed on this property. If there are any questions please contact us and expect our full cooperation in this matter. Thank you. St. Croix Valley Alana Society cel Bayport Foundation e 1." Iii "I Iii ili 10 l(1,~Y . ! II _.~3. .-l-~---.~-'-=_.'---~=-~~ ~__,~_~_~-_~==-~~---.......-._~- ,~_,~t:S~0~,~- .. .~~q-t,<j-~. II 1l ( tJ ; I~l~-----""-=------~'-=-"~"~'''''''''''''''' . . ,.,. -. i: lD _\0tu:.D~'C.3\11,\~~~S ,. . .~\:\m.--V\~-- -_'_~_'\4t . 2.O,_'\'f\~C\\~Lt- ._S~t.~K.\.. - \ (J:)lJ:).K -: ~"-.~ ___~L\) <C.Ji=,~~-~. bD,!f\\J L"\\Vlt.5GQ.l.t:\.t- ~C(:)~\<-=Y~NturD- 11\ ~S. ~~\'\-- ~~\\~~, II ~~fr...~~, . . .~5-.~ i. . ~.. I~i ~1(S~~m~ _~c.a.lLq-- .. .~_.... .' . .- ._-'o~\\J ~~ff\\.Y\e.d- .~~._~,-\i ~\<~ h~~~..\~~~~~ _. .. .'I~. .... ... ... ., . . .. ,... ): ,,_ ~3 ... cs~~~_~~'D~~~s.~':)~...i.~\\J~~ .-D~-+~---krvt\~V~~~~$i:\'. .- .. QJv\... ill ~'t'l~~~ -~~ynfl-tr.vk:.-,.. . .._._..__~~~~~.__F50,,_.A~____~V\~~ .._~QV:L_~~__~-~_- ~ - . .' .---~ !/t?-(\~---~~---~- ... .. -. .' ..~ ... ~____~~_ };Slu..e.s.c>-{E~\~k\J~~ 'Sm~~. , .~~ ~~.~_.._------.~---_._~...__.~._----~--~ .> -I' :: ..... '.i '> -: . -: _: · .... . .'.. '. ... ')j;,.itd :~~~~QgOR G.~ ~~)9_'[Lt{'0A(~~ . .~ ~."'. .,. " ~ :C- > I~) . /~~ ~L "".- , ,',)j';.--.'"', ", "...:., '::~,.,,_'i>-.,., ,,,' ',y. 'C-"_ '''fA~ -. '5%"- .~.. .~. , . - 70 \t~~G~S ~ ". ;--- OAT E llS @ ______ Banner Systems 1t of design will pass to client when project leted or client has purchased the design. # --',' .' \ .' , - " 00'- . ....1kW?- · '.' .' 4'. . ' e ."q ,j 'P ~KJJJ L.JJirS ~:.~:=:~ G~--~-=- =:~ ~ }. _::; 310 _--- ___ ____---=1 =- ~; ;::; =- " ....::.~ -: . \?v>v ! ~ t ~ ~r 3 -r-: :: ?i~~~ r}.~ s, ~~ ~ ~St~~ ==: E1 ' . \ ~.,- ~ :::~~;~ -- v~ --.~~~1~~ '1 LJ-" -- if ff{;~.. DESIGN SHE E T D ATE __lENT S I Z E COLORS Designs @ B ______ anner Systems Copyright of design will pass to client when project Is completed or client has purchased the design. JOB II lJ L L C- O f)f\. 8 10 1SNJ tJ c1C~ ~ J ~ 'f{\.a.N\ ~*:v -e-~-\:' = S .." ~ ,(\6..q ~ = z.. N.DI/\-"'Y\ 'J'{\R~'(\ ~tv~-e...f~s ~"1 ..5._ BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 e BOARD MEMBERS: DON JAHNKE, President JOHN L. JEWELL JAMES WEAVER DENNIS McKEAN Secretary/Manager May 11, 1992 Mayor Abrahamson 216 N. Fourth St. Stillwater Mn 550g2 Dear Mr. Mayor, Don Jahnke's current ter. on the Boar. of Water Commissioners expires on June 30, 1992. e He has expressed his willingness to again serve on the Boar.. I It is the desire of the Board, to ask for Don Jahnke's reappointment, as a member of the Boar. of Water Commissioners. Sincerely, F~<?7/%~ ennis McKean, Sec 'y e May 7, 1992 4Ithe Honorable Wally Abrahamson, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson, As a businessman with an office in downtown Stillwater (123 North Second Street), I am concerned about the present parking situation and the direction that plans for the future will take. I realize that different areas of downtown require different solutions to the existing problems, but I would like to ensure that the business and property owners in my area are properly represented in the decision-making process. I would like to become a member of the Parking Task Force, if a position is available. I have no specific agenda to promote, but I have found that many other business people here are in the dark about the latest developments. I am ~illing to work diligently and objectively to see that all of the people who use or will be affected by parking in this part pf town are fully informed of decisions being made, and have input in the process. Thank you for considering my request, I hope to hear from you soon. I can be reached by phone at 439-0204 during the day or at 433-5835 in the evening. Sincerely, e ~ WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 Office (612) 430-6655/430-6656 Facsimile Machine (612) 43lHi730 Mary L McGlothlin Public Health Director Rose Green Office Manager Doug Ryan Environment/Land Use Division Manager Karen Zeleznak Community Health Division Manager April 30, 1992 Nile Kriesel, Coordinator City Hall 216 No. 4th St Stillwater MN 55082 Dear Mr. Kriesel: Enclosed is the 1992 Memorandum of Agreement for Curbside Recycling Grant Distribution and the revised Curbside Recycling Grant Guidelines. e The grant funds are based qn 1990 Federal Census numbers because the 1991 population figures are not yet available from the Metropolitan Council. Corrugated cardboard has been added to the list of materials which are required to be collected in all curbside recycling programs. All curbside programs must accept corrugated cardboard by August 1, 1992. In addition, all multifamily housing units must have on-site recycling collection services available by the end of 1992. (50% of multifamily housing units were to have recycling services available by the end of 1991.) Recycling goals for 1992 have been set at 18% of the residential waste stream. (See attached sheets for tonnage figures.) Bonus funds will be available again in 1992 in the amount of $1.00 per household. The bonus funds will be awarded to each city and township which meet their 1992 recycling goal and submits their semi-annual recycling reports on time. These funds are intended to be used for improving the performance of curbside recycling programs. A portion of the Washington County Residential Recycling Grants Program is funded by the Metropolitan Council and any promotional materials must acknowledge them as a funding source. The statement, "This program is partially funded by Metr"';poli tan Council grant funds" is adequate. e ~~rt,. ,~ "' ~~ EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION '""Iw .,. -... '. -. ......'.,rt 0..,,..,..., April 30, 1992 Page 2 Please sign the Agreem nt and return it to this office by May 29, 1992. In addition, pI ase send the following: 1. A current contractor py of the agreement with your curbside f applicable). 2. Copy( s) of the current general liability insurance limits of your recy ling contractor or haulers. 3. A Certifica e of Insurance indicating your City/Town general liab lity limits. After the required information is submitted, a copy of the executed Agreement, and your gr nt, will be sent to you. Please feel free to ca I me at 430-6680 if you have any questions or comments. Sincerely, ~ /I. tf-tu'-tr- \ Thomas A. Haugen Environmental Health S ecialist TAH/mlp Enclosures ~ e e e e e e 1992 MEMORANDUM OF AGREEMENT FOR CURBSIDE RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into as of this day of , 1992, by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, hereinafter referred to as the "City". WHEREAS, the County desires to encourage and residential recycling to reduce the County's reliance waste disposal facilities, and support on sol id WHEREAS, the Washington County Board of Commissioners has budgeted money for 1992 to be used to further develop recycling service in the County, and \ WHEREAS, the City of Stillwater, and the City of Oak Park Heights wish to conduct a joint curbside recycling collection program with the City of Stillwater coordinating the program. NOW, THEREFORE, the parties hereto agree as follows: \ 1. Term: The term Agreement 1992. of the Agreement shall be from the date this is approved by the County Board to December 31, 2. The County's obli~ation: a. The County will pay the City an amount equal to ten dollars and fifty cents per household which shall equal $53,602.50 as determined using the 1990 Federal Population Census. b. The County will pay the City an amount equal to $14,679.00 which is the recycling grant allocation for the City of Oak Park Heights based on the 1990 Federal Population Census. All grant funds received will be used to provide recycling services and public education as identified in Section 3.c. of this Agreement. -1- c. Indemnify a suits, or d the County, performance Agreement. 3. The d hold the City harmless from any claims, mages arising out of any act or omission of its officers, employees, or agents in the of the services provided for by this e tion: a. 11 enter into an agreement with the City of Oak Park eights that the City of Stillwater is authorized to receive recycling grant funds from the City of Oak Park Heights. b. The Ci ty wil sign a contract with a recycling contractor which speci ies the responsibilities of each party and the rate of payment for curbside recycling services as provided by the contractor. c. The City wi 1 use all recycling grant money received in 1992 as a re ult of this Agreement for recycling services and public ducation related to recycling. \ The City will indemnify and hold the County and its officers, em loyees, and agents harmless from any claims, suits or da ages arising out of any act or omission of the City, i s officers, agents, or volunteer workers in the perform nce of the services provided for by this Agreement. d. e e. The City fu ther agrees that the City will at all times during the t rm of this Agreement, have and keep in force a general Ii bili ty insurance policy insuring the City at a level not less than the liability limits set forth in Minn. Stat. Section 466.04. A Certificate of Insurance evidencing t is coverage must be provided to the County before this greement is effective. f. The City wil require in its contract with the Contractor that the Co tractor will indemnify and hold the County and its offi ers, employees, and agents harmless from any claims I sui s or damages arising out of any act or omission of the Contractor, its officers, agents or volunteer w rkers in the performance of the services provided for by this Agreement. e -2- g. The City further agrees that in the contract it will require the Contractor to at all times during the course of the Contract to have and keep in force a general liability policy insuring itself at a level not less than the liability limits set forth in Minn. Stat. Section 466.04 and to provide the City and the County with photocopies of said policy. e h. The City will prepare and submit semiannual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 15, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semiannual reports will be made on a form provided by the County. i. The City should organize a recycl ing committee which will assist in monitoring the curbside recycling program and provide direction on additional public education activities and other program needs. 4. The City and County further a~ree that: a. The City will follow its Curbside Recycling Work Plan as submitted to the County. e b. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. c. All books, records, documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by the County, and the State Auditor, as appropriate, in accordance with the provisions of Minn. Stat. Section 16B.06 subd. 4. d. The parties will comply with all federal, state and local laws, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. e. Any al terations, amendments, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in writing and duly signed by the parties. e -3- IN WITNESS WHER OF the County and City have executed this Agreement as of the d te first written above. CITY OF STILLWATER BY DATE SW/RCDCS3 WASHINGTON COUNTY BY Chair, Washington County Board of Commissioners DATE BY Charles Swanson County Administrator DATE Recommended for action: \ BY Mary McGlothlin, Director Public Health Department DATE APPROVED AS TO FORM BY Assistant Wash. Co. Attorney DATE -4- e e e I WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STillWATER, MINNESOTA 55082-0006 Office (612) 430-6655/430-6656 Facsimile Machine (612) 430-6730 Mary L. McGlothlin Public Health Director Rose Green Office Manager Doug Ryan Environment/land Use Division Manager Karen Zeleznak Community Health Division Manager April 30, 1992 Nile Kriesel, Coordinator City Hall 216 No. 4th St Stillwater MN 55082 Dear Mr. Kriesel: Enclosed is the 1992 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution. The County will provide Drop Off Recycling Grant Funds equal to $1.00 per household. e Please sign the Agreement and return it to this office by May 29, 1992. In addition, please send a current copy of the agreement to your drop off recycl ing contractor. A copy of the executed Agreement will be returned to you for your records. Please feel free to call me at 430-6680 if you have any questions. Sincerely, ~O- f/. ~ucr~ Thomas A. Haugen Environmental Health Specialist TAH/mlp Enclosure e ~~1". '\~ ."'" ~\" EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION Printed on Recvcfed PaDer 1992 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution THIS AGREEMENT m de and entered into as of this , 1 92, by and between the County of hereinafter referred 0 as the "County" and the City of hereinafter referred 0 as the "City". day of Washington, Stillwater, WHEREAS, the County desires res ident ial recycl in to reduce the waste disposal facili ies, and to encourage and County's reliance support on sol id WHEREAS, the Wa hington County Board of Commissioners has budgeted money for 1 92 to be used to further develop recycling service in the County, and ,.... WHEREAS, the Cit. of Stillwater, the City of Bayport, and the City of Oak Park Heigh s wish to conduct a joint drop-off recycling program with the City of Stillwater coordinating the program. NOW, THEREFORE, he parties hereto agree as follows: \ 1. Term. The term of Agreement is 1992. Agreement shall be from the date this roved by the County Board to December 31, 2. The Count ation: a. The County pay the City an amount equal to one dollar per household which shall equal $5,105.00 as determined sing the 1990 Federal Population Census. b. The County ill pay the City an amount equal to $778.00 which is th recycling grant allocation for the City of Bayport an $1,398.00 which is the recycling grant allocation or the City of Oak Park Heights based on the 1990 Federa Population Census. All grant funds received will be used to provide recycling services and public education a identified in Section 3.b of this Agreement. -1- \. , e e e c. Indemnify and hold the City harmless from any claims, e suits, or damages arising out of any act the County, its officers, employees, or performance of the services provided Agreement. or omission of agents in the for by this 3. The City's obli~ation: a. The City will sign a contract with a recycling contractor which specifies the responsibilities of each party and the rate of payment for drop-off services as provided by the contractor. I f the total amount of funds are not used for drop-off services, they may be used for curbside recycling services. b. The City will use all recycling grant money received in 1992 as a result of this Agreement for recycling services and public education related to recycling. c. The City will indemnify and hold the County and its officers, employees, and agents harmless from any claims, suits or damages arising out of any act or omission of the City, its officers, agents, or volunteer workers in the performance of the services provided for by this Agreement. e d. The City further agrees that the City will at all times during the term of this Agreement, have and keep in force a general liability insurarlce policy insuring the City at a level not less than the liability limits set forth in Minn. Stat. Section 466.04. A Certificate of Insurance evidencing this coverage must be provided to the County before this Agreement is effective. e. The Ci ty will prepare and submit semiannual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 15, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semiannual reports will be made on a form provided by the County. 4. The City and County further a~ree that: a. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof. e -2- All books, records, documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by the County, and the State Audi tor, s appropriate, in accordance Kith the provisions of Minn. Statw Section 16B.06 subd. 4. b. c. The parties laws, ordin pertaining color, cre status, s disability will comply with all federal, state and local nces, rules, regulations and executive orders o unlawful discrimination of account of race, d, religion, national origin, sex, marital atus with regard to public assistance, or age. d. Any al terat' ons, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. ..r -3- ;, e e e . , IN WITNESS WHEREOF the County and Ci ty have executed this ~ Agreement as of the date first written above. CITY OF STILLWATER WASHINGTON COUNTY DATE BY Chair, Washington County Board of Commissioners BY DATE BY Charles S\vanson County Administrator DATE Recommended for action: BY Mary McGlothlin, Director Public Health Department e DATE \ APPROVED AS TO FORM BY Assistant Wash. Co. Attorney DATE SW/RGDD02 e -4- LIST OF BILLS e EXHIBIT "A" TO RESOLUTION NO. 92-110 e Ace Hardware Arrow Building Center A T & T A T & T Berwald Roofing Bd. Water Commissioners Bodlovick, Ann Bureau Criminal Apprehension Business Equipment Brokerage Catco Parts Service Central Sweeping Cool Air Mechanical Croix Oil Company Del's Sales and Service Earl F. Andersen & Assoc. Equipment Supply, Inc. Fred's Tire Frito-Lay, Inc. Fritz Candy Company GAB Business Services Gordon Iron and Metal G & K Services Harves t S ta tes Hooleys Super Market Images of the Past & Present I~ C. B. O. Junker Recycling Junker Sanitation Service Linner Electric Company Magnuson, David Metropolitan Waste Control Commission Meyer Sewer Service M. 1. I., Inc. Mn. Cellular One Minnesota Conway Fire & Safety Minnesota Dept. Revenue Minnesota Emergency Response Minnesota Toro, Inc. M.P.H. Industries Northern States Power Company Northern States Power Company Nardini Fire Equipment Northern Hydraulics Pepsi-Cola Company Polfus Implement Pony Express Reloader River City Beverage Road Rescue e Supplies $ Plywood Leased Equipment Lease/Rentals Re-roof Fire Hall Repair Hydrant Mileage 2 Stations/CJDN Charge Cabinet/Casters Hydraulic Hsse Street Sweeping Compressor Repair Diesel Fuel 3 Cut Off Blades Sign - Dump_ Seasonal Mte. 2 Tires/Repairs Concession Supplies Concession Supplies Insurance Claim-Wallin Iron Uniform Rental Fertilizer/Grass Seed Soap-Garage 3 f'ilm Building Code Tabs April Charges Boxes/Lift Stations Cut Wire-Reed's Lot Legal Services 150.35 47.36 54.37 151. 60 44,000.00 104.34 66.50 330.00 157.80 187.00 2,370.00 700.13 5,154.00 29.97 136.09 31. 10 132.50 21. 56 722.85 250.00 43.50 754.91 166.25 14.25 29.46 19.80 .8,167.50 616.00 45.00 5,660.00 Sewer Service Charge 76,799.00 Pump Lift Stations 285.00 Term Life Insurance 1,057.86 Mobile Phone 45.35 Bunker Coats/Refills 653.55 Sales Tax-April 647.44 Fee for Chemicals 25.00 Oil Filters/Blades 97.02 Repair Radar Unit 263.50 Energy Charge 11.22 Underground Lines 407,259.00 Inspect Fire Extinguishers 34.50 Chain Hoist 44.99 Concession Supplies 198.00 Snow Blower/Roll Bar 2,780.00 Ammunition 628.34 Concession Supplies 374.00 Spotlight 64.02 St. Croix Animal Shelter St. Croix Car Wash St. Croix Cleaners St. Croix Recreation Schwantes Heating & ir Stillwater Excavatin Streichers, Inc. Stillwater Book & St tionery T. A. Schifsky & Son Thompson Hardware Co pany Tiger Software Treadway Graphics U. S. West Communica ions Valley Auto Supply Van Paper Company Viking Abatement Yocum Oil Company Zacks's Inc. ADDENDUM TO BILLS American Planning Association Buckley, Mary Buckley, ,Sharon Capi tal.. Communications Conati, Jon Coordinated Business System Courier, The Croix Oil Company Equipment Supply, Inc. Friden Alcatel Greeder Electric Lg. Mn. Cities Insurance Trust Lynsky, Michael McGladrey & pulllen Miller, Leo Mn. Correctional Facility Motorola, Inc. P. O. S. T. P. E. R. A. Rochlin, David Short Elliott Hendrickson Simon, Denise Steele County Sheriff Uniforms Unlimited Dorsey & Whitney Pearson Consulting ADOPTED BY THE CITY COUNCIL APPROVED FOR PAYMENT April Charges Squads/Car Washed Laundry-Fire 3 Control Valves Retainage Fee Pump Drains-Garage Ammunitions Office Supplies Blacktop Supplies Software Package D.A.R.E. Supplies Telephone Service Auto Parts Towels Remove Asbestos-Fire Dept. Fuel Oil Oil Transfer Pump Dues/Service Fee Sew Patches REfund Parking Ticket 5 Portable Radios Reimburse for Meeting Mte. Contract-Copier Publications Oil Services Postage Meter Tapes Fans-Fire Bldg. Workers Compensation Restoration 1991 Audit Reimburse-Expenses Printing Service Contract Police Licenses Buy Back-Gordon Seim REfund-Investigation Fee Engineering Refund-Parking Permit Summons Notice Misc. Uniforms Legal Services Tean-Building Workshop THIS 19TH DAY OF MAY, 1992. 329.75 59.00 34.45 108.00 3,966.20 80.00 234.90 336.47 364.17 203.07 46 k 8 5- 95.75 1,512.67 165.87 104.00 568.29 170.13 118.00 e 578.00 11.00 5.00 3,345.00 6.00 206.51 179.73 169.55 832.02 58.00 94.00 27,637.25 2,500.00 9,335.00 222.84 247.85 201.90 90.00 5,660.91 25.00 15,914.11 10.00 32.80 1,440.67 1,269.50 600.00 . e e e e e E & H Repair 6 Birch Lane Landfall, Mn. 55128 Peterson Excavating, Inc. 18911 Newgate Ave. No. Marine, Mn. 55047 CONTRACTORS APPLICATIONS May 19, 1992 Masonry & Brick Work Excavators Renewa 1 Renewa 1 e e e TO: FROM: DATE: SUBJECT: M E M 0 MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK MAY 14, 1992 RATIFICATION OF COUNCIL POLLS -- MAY 13 AND 14, 1992 Following are the facts relating to the recent Council polls: May 13, 1992 - Regarding the approval of change of starting time to 8:00 P.M. from 7:00 P.M. for the Regular Council Meeting on May 19, 1992 due to the School Board Election. Ayes - All; Nays - None May 14, 1992 - Regarding the setting of a Special Joint Council Meeting with Oak Park Heights on Monday, May 18, 1992 at 7:00 P.M. in the Stillwater Council Chambers. Please ratify for Council Minutes. Ayes - All; Nays - None e CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT t tJ~ )r~l ADDRESS /tJS5 S IY;Cl4f,/1J ~ ~ ika~/lrtnj6~ib PHONE NO. CfYl-03g3 WHEN DI D EVENT OCCUR? Lj.' /5' P 11 tJJv 1/- 30 ~ 9.2 WHERE DID EVENT OCCUR? U /fAJ ~ ~-dew'(J.,(.J (~) ~ ~ ~ ~Ji. .~. S5c)?;Z & ~ WHY 0,0 YOU ~EEL THAT THE CI,TY WAS AT~AULT? fg;,A- 'FJ -ti." IJ.#clu.~ (l~ .~ JL 1hJfr1ntf::t!_ ~ %wi !u~A;,.ul ~ ~~MJ-W ~~.1 ;ti4 ~ ~ IJ~. e STA~E5~~~E ): THE COSTS ~ ,/.' . p;17/~3~2 4- MJ I I; 17 . A!HJ, ~~ (J tlCf0<- . ' ~.--~ - s-~~._ _'.r~~~::;;C?~",-qJ-, .t-I--4'-7')1.),4' c.. - b . ItA .....". NAME OF P/ERSON MAKING REPAIR; OR GIVING CARE 'tnu~ ~ ~~ (f) ~ !J:fM~ ~~, ~t'Mu~J ~~d~bu it.-~ ....J. ~ ~7~' 5/01 f.;) -t t~~ DATE SIGNATURE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. e \ '." 1= <, ( /i ,,,...,,,;-,(:..--,;t.~ , . (r /" 'f../ / ""I ) ~ J I, f '}.:...,.. e O'CONNOR & HANNAN ATTORNEYS AT LAW WASHINGTON. D.C. OFFICE: SUITE: BOO 1919 PENNSYLVANIA AVENUE: N.W. WASHINGTON, D.C. 20006-3483 12021887-1400 TEL.EX 89.7420 fAX 12021 466-2198 3800 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55402-2254 (612) 341-3800 FAX (612) 343-1256 MADRID OYrleE LA RINCONADA,. 6, 30 28023 MADRID, SPAIN COlli 341 575-0944 10111341357-2251 FAX 10111341 577-0759 DIKEcr DIAL NUMBER 612/343-1274 INCLUDING THE FORMER FIRM MACINTOSH & COMMERS Wednesday, May 13, 1992 Mary Lou Johnson, City Clerk for the City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Ms. Johnson: Enclosed herewith and served upon the City of Stillwater through you as its Clerk please find the Notice of Claim of Robert W. Sabes. tit Please note I have already advised Dave Magnuson of the claim. If I can be of any assistance, please call me at your cdnvenience. Thank you. Regards. Very truly yours, O'CONNOR & HANNAN c~~ Barry Lazarus BL:khh cc: Rohert W. Sahes tit 35 Years of Professional Legal Services ...' ~ t NOTICE OF CLAIM ursuant to Minn. Stat. ~466.05, subd. 1.] e TO: Mary Lou John on, City Clerk for the City of Stillwater 216 North Fou Street Stillwater, MN 55082 The undersigned, hereby make claim against the City of Stillwater for or on account of loss or injury sustained by the undersigned a follows: I. Name of Claimant: Robert W. Sabes c/o Hospitality Plus, In . 400 Lilac Drive Minneapolis, MN 554 2 2. Attorney for Claimant: Barry Lazarus O'Connor & Hannan 3800 IDS Center 80 South Eighth Street Minneapolis, MN 554 2 (612) 343-1274 e 3. Date Loss or Injury wa Discovered: The injury or loss was called to the attention of Claimant on April 15, 1992, by Barry Stack, Stack Land Surveying, 090 North Fairy Falls Road, Stillwater, MN 55082, but the exact date or time when such inju y or loss actually occurred is unknown to Claimant. 4. Place of Injury or Loss 305 South Water Street Stillwater, MN 55082 5. Circumstances Surroun ing Injury or Loss: At time or times unkno n to Claimant, on information and belief, the general contractor, Johnson Brothers, performed se ices for the City of Stillwater relating to street improvements negligently caused the following to occur: i) Removal of at east three judicial landmarks used in identifying the boundaries of the Freighthouse p opertY and referenced in a survey of such property on file with the Registrar of Ti les in and for Washington County, MN; - Encroached in or upon the property owned by the Claimant without knowledge or consent from t e Claimant by taking away a portion of the black top surface otherwise e ii) 1 e e e .' iii) installed by Claimant in and upon his property; and Removed primary control points within the City of Stillwater necessary to locate the judicial landmarks and other boundaries within the downtown area of the City of Stillwater. A copy of the legal description of the property is attached hereto as Exhibit A and incorporated herein by reference. 6. Estimated Amount of Damage or Injury: On information and belief Claimant believes the cost of resurveying by Barry Stack would be approximately $500.00, the cost of replacement of the judicial landmarks would be approximately $40.00 each, or $120.00 for 3 judicial landmarks, an additional amount charged by Stack Land Surveying for services rendered to Claimant and Claimant's attorney in amounts not expected to exceed $1,000.00, plus attorneys' fees and costs in amounts not expected to exceed $5,000.00. The actual amount of costs or expenses for the injury or loss incurred by Claimant will depend upon whether or not this Notice of Claim or Injury is denied, the procedural requirements of the Registrar of Titles in and for Washington County that may be necessary to replace the judicial landmarks, and the amount of construction costs to remove the encroachment and restore the property of the Claimant to an "as was" condition, which amount is not yet known to Claimant. A copy of this Notice is being sent to David Magnuson, City Attorney for the City of Stillwater. Date: Wednesday, May 13, 1992 \ O'CONNOR & HANNAN ~ Barry Lazarus, #61396 3800 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2254 (612) 343-1200 or (612) 343-1274 Attorneys for Claimant 2 EXHIBIT A to Notice of Claim 2, 3, 4, 5, 7, 8, 9 and 10, Block 28 now City of Stillwater, according to ted Plat of the City of Stillwater on the office of the County Recorder of nesota as Document No. 416049, described All that part of Lots of the Original Town, Myron Shepard's Perfe file and of record in Washington County, Mi as follows: Commencing at the int rsection of the northerly line of Nelson Street and the easter y line of Main Street, as shown on said Perfected Plat, thenc easterly along said northerly line of Nelson Street 170 fee, more or less, to a point 20.00 feet easterly, as measured along said northerly line, of the east- erly line of platted timpsons Alley, as shown on said Per~eGted\ Plat, said point begi marked by Judicial Land Mar~~lJmt5er'i~'\ '\, which is the point of beginning of the parc~l being\d~s\.r.i:i6ed~;\ t-\ thence North 17 degre s 00 mi~tes QO Se~d\~~~t\ ass~med bear-~ i ng, pa ra 11 e 1 with sa ideas !e,J-1)Y(Ti" l1le, of p r~ tit d\.$J;jrtJp~ s Alley,"" /, ,': . 370.00 feet to Judi (J 1, ~nd ~a kKNumper 2~;J.t ence North 73 ,A, rrC\-'~":-'-\ degrees l~mi ~6f\lO, \ sec~,n",ds~a~OI. 21 feet, to, JU9, i,s:(i-a~ L,p.~d~( I., \ Mark ~ .tn~nce\Sqyt~~17~"tIegrees 33 minl!tesyl\O\ se~' on~s~ ",\. '\ CAJ~' \ ,4 2 eet~)J d.,'-cia 1, "L~n, d M, arl-t\ur'~~~4\~h~r\\C~ ~~be~'-- .s. y 2 6 tA1long tangentJa\]\-c~'ftV~~\"tQn aye\,to ).the ast, t a gl~ ~ degre ~,Q.5\mitl4t~7 ~e~on\1 lra:d~us 1619.4 feet, to Judlclal L;r6 "'Ma:fk-z~u,!TI!:>E\r\5\)dc-ate~n sald northerly 1 i ne of Nelson Str<\et,; t~ence.~South 7 3 degrees 11 mi nutes 30 seconds West a 1 on9::~ai d-riortherl y 1 i ne 125.16 feet to the point of beginning. ,---{\ ~'_ \/-'c \. 'I '''" \ ):. :0 e l.--'" e e e PROPERTY MANAGEMENT SERVICES Complete Management & Maintenance Services P.O. BOX 39092 EDINA, MINNESOTA 55439 NOTICE OF DAMAGES 5/11/92 GRAND GARAGE OF STILLWATER TO: Mary Lou Johnson, City Clerk City of Stillwater 216 No. 4th St. Stillwater, MN. 55082 e YOU WILL PLEASE TAKE NOTICE, That the Grand Garage of Stillwater, a Minnesota Partnership, owners of the Grand Garage, have been severely damaged due to results of negligent street construction. Prior statements of damages have been submitted, through 3/31/92. Current damages, from 4/1/92 to ? have not been yet determined. On Friday, May 1, 1992 in the late morning after several weeks of work on Nelson Street and Nelson Alley compaction began. There were 3 compacting machines side to side working on the street, they were creating tremendous vibrations to our property which we are positive were above the level that were to be allowed and also well above the noise limits. Kmitsch Dolls, a tenant of the Grand Garage began to experience items coming off of shelves and walls. As soon as they were able to secure most of their product, not without damage occurring, they'proceeded to yell and finally get the attention of the machinery operators. They followed up by informing our office of new cracks and opening in brick work, with the past rains, we have now also experienced water leaks on a new roof, that were not there several weeks earlier. They have continued to compact through today, May 12, 1992. I have also confirmed with other tenants as to the vibrations felt during compactions. Dave Magnuson's office has verified the vibrations also, and also had commented on the severity of them last Summer and Fall, during the work on Main St. At this time, We ask that the insurance carriers for the City and Construction Companies be immediately notified and brought in. We are aware of some video tapes being made previous to work, which may also be helpful. We at this time believe that the Grand Garage has most likely sustained structural damages, and would like immediate attention to the problems. We are at this time just trying to rebuild the tenant base that we lost due to last years construction, and cannot afford any further problems. ~.~,~,~rni t}?d..)?)' b ,::.;.~e g!find p~ge 0: SW-5/1,~/92 cc: Beugen & Iverson ~fc Jifl .q...--"-O ~~v'~7 ~ ~ , tI 9:2.5"-'105S- / - e GRAND TO: MARY LO CITY OF STI 216 NO. 4TH STILLWATER, YOU WILL Stillwater, have been construction during the S 1992, for w Construction _ NOTICE OF CLAIM STILLWATER 1/1/92-3/31/92 ESTIMATED JOHNSON, LWATER ST. MN. 55082 CITY CLERK PLEASE TAKE NOTICE, That the Grand Garage of a Minnesota Partnership, owners of the Grand Garage, amaged as a result of the negligent street uring the Stillwater Downtown Improvement Project mmer of 1991, and continuing into now the Spring of ich the City of Stillwater entered into a ontract on June 10, 1991. The following property damages were both sustained and some estimated by he Grand Garage and are continuing: e 1. Lee's M intenance, White Glove Janitorial for flo r damage, window cleanup, excess removal of sand, d st, etc. 2. Poor vi which c 3. Higher 4. Work/Cost undetermined ibility of Streets, walks in front of property eate a potential liability for Grand Garage. Insurance increases requency of Rooftop heating/Air units, due to dust. $600. Supplies. $300-400. 5. nce of broken windows, due to street work and excess rave 1 . Bill not yet received 6. Loss of Rents for 1/1-3/30/92 as follows: Esteban's $15,480. Micky's Cafe $ 3,880. Uniquely Stillwater $ 6,611.40 Port of Stillwater $ 2,766. Sophistication I $ 2,197.42 This Notice is given pursuant to Minnesota Statute S466.05._ The law fir of Beugen & Iverson, Ltd. has been previously retained by the Grand Garage to act as their attorneys in this matter. cC:8eugen & Iverson,Ltd. s,~ttte~b{ ~al)P' Garage of SW e e e M E M 0 TO: FROM: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK MAY 14, 1992 REQUEST FOR BANNER BY ST. MICHAELIS CHURCH DATE: SUBJECT: This afternoon, I received a request to hang a banner on Main St. (at Kolliner's/Myrtle St. location) advertising the St. Michael's Church Festival on June 28, 1992. The banner is proposed to be hung on or about June 12. Your permission is requested. e MEMO TO: FROM: DATE: SUBJECT: r illwater "~ - - ~ THE BIRTHPLACE OF MINNESOTA ~ MAYOR AND CITY COUNCIL ANN TERWEDD~ MAY 15, 1992 ANNUAL HISTORY CONFERENCE Bob Kimbrel, Tim Stefan, Katherine Francis and I wish to attend the Annual History Conference for Preservation Commissions. The cost is $10.00 per person. Total cost of $40.00. This conference is required as part of our certified local government status. It is in the budget. RECOMMENDAT!ON: e Approval to send Commission to conference. e CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e PRESERVING PLACESIN MINNESOTA The Minnesota Historical Society's 19th Annual History Conference, put on ice by the record-setting Halloween blizzard last fall, has been resched- uled to meet in conjunction with the 1992 Workshop for Heritage Preser- vation Commissions. The meeting spotlights historic preservation in Minnesota in commemoration of the 25th anniversary of the Historic Pres- ervation Act. Join us at The Saint Paul Hotel and Landmark Center - two historic buildings in downtown Saint Paul - and learn about "Preserving Places in Minnesota." e Minnesota's hist?ric places have long been recognized as important touchstones to our past. These immensely varied resources range from the architectural landmarks in our cities to the landscapes of the countryside, from the Finnish log farmsteads in the Arrowhead Region to the urban river- front in Minneapolis, from places of cultural significance for American In- dians to commercial main streets across the state. -',/ ~ ' ~;"i'" " ";,. '" ':..-'" /...~ ~ . '':: ',';'.. M'AY: 2'9'--'3 o,t 1. 99 Z':, -"':? ,";..~ ~ , ":,:,':,': , -- .~:) l.'~ ....v ;", .::. ;. - -;--' \-.. '::1/ . !;"/;I J.'..,....,(...('~ <;', :;~. ,'TCH E'S:A I'rf17,PA'UL WO'VEL?: /j ~-.~. ~'~T,: i' ;-: '':,..:. !,~. 'f,~.J:.,;'f..~'~"i. Explore the rich diversity of Minne- sota's historic properties. Examine such questions as: Why do people want to preserve historic properties? What is being saved and how? and, What will challenge preservationists in the future? Learn how Minnesota communities are preserving their heritage. Tour historic properties in Northfield and Faribault, and bring your questions to a resource room where you will find displays and resource people from organizations around the state and from the Minnesota Historical Society. {", \ 15.. -: "'.>.;j"..'-"-:-: t-':4~" .fJ/:'<-{.;'t~.,t. ':S'A'! N\t- P' A'U t;:'M'fN,N g's:a;r;Ai. .~ . .', . -..,,, :<.--;'''').-' ;, t.....'" ":':{.~,,!!;.~,-),>?~~::-.'...~ e . " ,. e HISTORY CONFERENCE Friday, May 29,1992 1 :00-3:00 Certified Local Government Training Session, Auditorium, Minnesota History Center 3:30-8:30 Bus tour to Northfield and Faribault. Meet at the History Center. Saturday, May 30, 1992 7:30 Early Bird Walking Tour of Rice Park. Meet in the lobby of The Saint Paul Hotel. 8:00 Registration, continental breakfast, Minnesota Historical Society Press book _ table, and Resource Room. >-, c-s.:30~pening Session: "Preservation Spotlight: Minnesota Communities." ; The real action in historic preservation is happening in local communities all , over the state. This opening session will provide an overview of the "state of historic preservation in Minnesota." Ten communities will tell their stories for an inspiring kickoff for the day. . . '\vJCU . \ \ ~\i '-J . s ~2~i)\, . ~ .';). ~ ~ .~ .~ -..(V -,\j~-s. ~.~. '" .~. ,I>~'?. s<>#\' .Cf'<.... ...... 6 ~ , .'. " ,.p'<- vJ' - '~o--,,"'.".'~ ~ W~ '.C" . ~ .,~ .f ~- ....\Y C> - :":'~.- e 9:45-10:15 Break Resource Room open. j 1 l i 10:15-11:15 Session A I. Landmarks: Buildings and Memory . "Shrines, Styles, and Structures: Preservation Evolves," Donn Coddington, assistant director and division manager for historic sites and field programs, Minnesota Historical Society · "Ten Years Later: The Minneapolis Preservation Survey Revisited," Judith Martin, associate professor, Department of Urban Studies, University of Minnesota II. Over Water and Underground ."Bridges: Spanning the Past to the Future," Charlene Roise historical con- sultant, Hess, Roise and Company ."Archaeology: A Perspective on Cultural Heritage," Christy Hohman- Caine, Minnesota State Archaeologist III. Inside Preservation: How It Works ."Confessions of an Amateur Bureaucrat," Robert Will, Plank Professor of Economics, Carleton College, and member, Northfield Heritage Preservation Commission ."Who's Minding the Feds? or, Preservation in the Damnedest Places," Dennis Gimmestad, government programs and compliance officer, State Historic Preservation Office, Minnesota Historical Society, · Moderator: Beth Bartz, preservation planner, Saint Paul Heritage Preserva- tion Commission ,~ 11:30-12:45 Luncheon Address (in the Landmark Center Corti Ie) "Preservation and People," Patricia L. Parker, deputy chief, Preservation Planning Branch, Interagency Resources Division, National Park Service, Washington, D.C. Parker will talk about at the roots of the historic preservation movement and .. '\ . the challenging questions the movement faces today. She compiled and \vrok Kccpers of the Treasures: Proteering Historic Properties and Cultural Tra- ditions on Indian Lands, a rep0l1 on the results of a study of funding needs for historic and cultural preservation by Indian tribes. Parker's experiee includes preservation assistance to Indian tribes, preservation programs in rvlicronesia, and work throughout the United States with the Certified Local Government program. .~ ~ t 4 .1 1 j ! j . .~ ~ 1 1 , 1 .i -j .. .~ , ! 1 :00-2 :30 Session B I. The View from the Year 2040: Preservation and Post-World War II Architecture ."Time and Taste: Changing Attitudes towards Preservation:' Charles Nel- son. historical architect, Minnesota Historical Society, State Historic Preser- vation Office ."Looking Ahead to the Architectural Past." Larry Millett, architecture writer and critic, Saint Paul Pioneer Press . "Can We Learn to Love the Ranch House We Hate?" Peter Carlsen, Carlsen and Frank Architects II. Where We Live: Historic Preservation in Small Communities A roundtable discussion about preservation issues and opportunities as they relate to rural areas and small towns will follow the presentations. . "Finnish Heritage Preservation in Embarrass, Minnesota," Michael Koop, historic preservation program assistant, State Historic Preservation Office, Minnesota Historical Society . "Embarrass: A Community Perspective," Margaret Kinnunen, Embarrass town clerk and co-founder of SISU Heritage Inc. Ill. Panel Discussion - Enlarging the Boundaries: Multicultural Views e Historic Preservation This panel of activists from Minnesota's Asian-Pacific, Hispanic, American Indian, and African-American communities will offer personal insights into the meaning of historic preservation. . Dr. Albert V. de Leon, executive director, Council on Asian-Pacific Minne- sotans . Irene Gomez-Bethke, executive director, Instituto de Arte y Cultura . Jeff Savage, vice-chair, Minnesota Historical Society Indian Advisory Com- mittee, and reservation planner of Fond du Lac Indian Reservation . . Vivian Jenkins Nelson, president and chief executive officer of Inter-Race, Augsburg College 2:30-3:00 Break Resource Room open. ~ .J 1 3:00-4:00 Session C I, Panel Discussion - Reviving the Past: The Urban Riverfront This case study examines archaeological work, recovery, and interpretive po- tential in connection with the West River Parkway project in Minneapolis. .Robert Mattson, park and recreation planner, Minneapolis Park and Recrea- tion Board .Robert Clouse, head of archaeology. Minnesot~~Historical Society .Elisabeth Doennann, site manager, Minnesota Historical Society's James J. Hill House, and heritage zone coordinator, SL Anthony Falls Heritage Board_ .Moderator: Scott Anfinson, National Register archaeologist, State HistoricW Preservation Office, Minnesota Historical Society (Session C cOlllil1ucd other side) e QlillYYater '~- ~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND COUNCIL FROM: ANN TERWEDO, PLANNEr{yf DATE: MAY 12, 1992 SUBJECT: LOGO FOR SESQUICENTENNIAL FOR YOUR INFORMATION: The official logo for the Sesquicentennial is a copy of the original seal of the City of Stillwater. The logo was found as a stamp in the original incorporation books and City Ordinances which date back to 1854. - Edward Hawksford, a local illustrator, donated his time and talent to draw the seal. RECOMMENDAT!ON: A "thankyou" to Mr. Hawksford and a letter from the City thanking him for donating his time to produce the Sesquicentennial graphic. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 April 23, 1992 1891 1991 e Mayor Wally AbrahamsonServing the St. Croix Valley Area. CITY OF STILLWATER 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson, The Stillwater Area Chamber of Commerce has grown to 420 members strong _ On average, four additional new businesses request membership in the Chamber each month. This past year has been fraught with challenges for the Chamber. Weak economic conditions, compounded by an unprecedented number of changes in our community, have taxed all of our members. To properly represent our members during these turbulent times, the Chamber has added staff and expanded its services. e We~ve made every effort to keep our dues at a minimum. Comparatively, our dues are less than any chamber, providing similar services, in the surrounding area. For example, th~ average base dues of eight similar chambers is $212, while the base dues of the Stillwater Area Chamber is $165. Many of these same chambers receive additional funds for services they perfo~m, that you as a member, already receive for no additional charge. In order to continue to serve the needs of our membership, the Stillwater Area Chamber Board of Directors is asking each member on a volunteer basis to contribute 20% of their annual investment. We have surveyed many of our members and the response to date has been very positive. The Board of Directors hopes that you will strongly consider our request for additional funding. Should you have any questions, feel free to contact me at 439-2110, or Chris White at 439-7700. We are pleased with the progress of the Chamber and your financial support will help ensure the momentum that has been established. Sincerely, e .~o~ Tom O~Brien, President Simonet Furniture & Carpet Co. Simonet Funeral Home NOTE: For your convenience, we have calculated 20% of your annual dues and enclosed an invoice for this amount. Brick Alley Building. 423 So. Main Street · Stillwater, Minnesota 55082-5127 · (612) 439-7700 e REQUEST FOR CITY COOPERATIVE FUNDING FOR TOURISM * The Stillwater Area Chamber of Commerce is the #1 agent providing support services and coordination of the areas Tourism Industry. * We are the only Chamber in the area (both sides of the river) that we know of, who does not receive sources of funding to support this industry_ Other Chambers, in other communities involved in heavy tourism, receive a % of a lodging tax and/or City funding. * Last year we served 756 registered visitors (onlv about 1/3 of our drop-in visitors register. representing 2 or more peo?le per family). (756 x 2 = 1,512 x 3 = 4,536 drop ins.) These visitors represent 39 states, 12 countries and 3 Canadian Provinces. * We also service about 3 times the number of drop-in visitors, via the telephone for requests for information. We have only 2 phone lines. If we had more, we couldn't keep up with the additional calls at this time. e * Our costs for mailing requests for information was close to $3,000 last year, averaging about 100 packets of tourism information and 10 relocation packets per week. Putting these together requires the equivalent 6f one 8-hour day. Much of the success of our St. Croix Valley popularity is due to our Visitors Guide. 50,000 copies will be printed for the third year this May. The visitors guide is distributed to visitors through our office, local area businesses, the MN Tourism Information Centers and to residents once a year via the local newspaper. Many of our local businesses use this guide to entice employment to the area. It is also an effective tool in enticing individuals to move to the area. An increased employment base and residential base makes for a healthy economy and increased tax revenue. * The Chamber also fields City related calls. About 10% of our calls deal with City concerns (i.e. City/sign ordinances, parking, relocation/utilities/phone, parks, etc.). * In the last three years the Chamber has more than doubled its membership to over 450 members, reaching from Afton to Taylors Falls in Minnesota and Osceola to Hudson in Wisconsin. Aside from the tourism factor we have needed to add additional st~ff just to service the current membership and expanded services and programs. e As a Chamber our mission is to "promote protect and represent the interest of all businesses in the Stillwater area." We have some members in non-tourism related businesses who are seriously considering pulling their membership due to the amount of time spent on tourism. * Close to $8 m llion is received by the County annually from tourism. I think it would be safe to say that Stillwater is probably the large t benefactor of these revenues. Tourism is a major industry! * The Chamber w uld like to fulfill the needs of this growing industry which supp rts continued economic growth in the St. Croix Valley, BUT WE HAVE COME TO A CROSSROADS!! Co~munity services and visitor information have expanded and these needs have exceeded the deserved time our resent staff can afford to dedicate. * We are looking to our cities to become cooperative partners by providing financia support for the Tourism Industry. It is an excellent investmen that provides a major economic impact! ~ e e e . e CURRENT MINIMUM COSTS OF TOURISM PROVIDED BY THE CHAMBER Sheila 62% of her time is spent on Direct Tourism. Sheryl 25% of her time is spent on Direct Tourism. Additional volunteers that staff the office during the week and on weekends equals the equivalent of approximately a 2/3-time staff person. TOTAL = the equivalent of a 1 1/2 FT-Staff @ $8 per hour = $24,960.00 Estimated payroll benefits = 4,500.00 $29,460.00 Postage = 3,000.00 e $32,460.00 ChamberJs total Dues Income {or General Operating = $85,000.00 Tourism staffing expense equals about 38% of our budget. - e e e RESOLUTION 92-111 CITY OF S'fiLLWATER 1IASHIHGTOH comr.rY, MINNESOTA A resolution of the City of stillwater clarifyinq its ""':~ on a new bridqe across the st. Croix River and Trunk Highway 36 Improvem~and Whereas, the City Council of the City of Stillwater has previously approved Resolution No. 92-49 stating its position on the new Interstate Bridge and Highway 36 Improvement; and Whereas, the City of Stillwater, by this resolution, reaffirms its total support for a south corridor bridge and Highway 36 Improvements; and Whereas, the City Council of the City of Stillwater did meet with the City of Oak Park Heights City Council May 18, 1992; and Whereas, the purpose of the meeting was to discuss the' bridge and proposed Highway 36 Improvements; and '\ Whereas, after much discussion and in the interest of addressing the concerns of both the City of Stillwater and the City of Oak Park Heights, the City Council resolves that: 1. The City of Stillwater supports a southern corridor alignment and if a economically and environmentally feasible the south a1.ternative. This location would reduce the visual and additional impact of the bridge in Oak Park Heights; and 2. Highway 36 improvement plans should minimize the impact on business by staggering improvements over a period of time as improvements are needed to accommodate traffic demand; and 3 . The City of Stillwater continues to fully support the need for a new river bridge in a southern corridor location. Adopted by the City Council this 19th day of May, 1992. Mayor Attest: City Clerk " DONALD L. BEBERG e CHIEF OF POLICE TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E MaR AND U M DATE: 051492 TO: NILE KRIESEL FROM: D.L. BEBERG, CHIEF OF POLICE RE: POST OFFICE DROP BOX LOCATION - UNION ALLEY ------------------------------------------------------------------ e THE CURRENT LOCATION OF THE DROP BOX IS THE FIRST PARKING SPACE TO THE NORTH OF THE DRIVEWAY INTO THE UNDERGROUND PARKING LOT AT METRO FEDERAL (WEST SIDE OF UNION ALLEY ABOUT MID-WAY BETWEEN CHESTNUT AND MYRTLE STREETS). THE CURB IN THIS PARKING PLACE COULD BE PAINTED YELLOW. THERE IS A 2 HOUR PARKING SIGN AT THIS PARKING SPOT FOR PARKING INFORMATION FOR THE WEST SIDE OF UNION ALLEY. ACCORDING TO MR. JUNKER THIS SIGN COULD BE TAKEN OFF AND REPLACED WITH A "NO PARKING 6 AM TO 6.PM" SIGN (WHICH IS WHAT THE POST OFFICE SUGGESTS) OR OTHER SIGN AS THE CITY COUNCIL MAY DESIGNATE. THERE ARE OTHER 2 HOUR PARKING SIGNS IN THIS BLOCK. MR. JUNKER HAS HAD CONTACT WITH THE POST OFFICE AND THE LOCATION WHERE THE DROP BOX CURRENTLY IS, IS WHERE THEY FEEL IT WILL WORK OUT THE BEST. THE POLICE DEPARTMENT RECOMMENDS THE POST OFFICE REQUEST IS GRANTED RELATING TO THIS DROP BOX. 92-58 e 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 cc- s/rq(qv "",,.ES POST~ 6~\II ~ ~ - <: Z - n e ~ U.S.MA'L m * - * ******~ United States Postal Service 05/11/1992 CITY MANAGER CITY OF STILLWATER - CITY HALL 216 4TH ST STILLWATER MN 55082- 898 DEAR SIR: THE STILLWATER MN 55 82-9998 POST OFFICE REQUEST HELP WITH TWO PROBLEMS: WE REQUEST A "NO PAR ING" SIGN FOR THE AREA IN FRONT OF THE DRIVE-UP LETTER COLL CTION BOX IN THE UNION ALLEY AND PAINTING OF THE CURB. e AFTER THE CONSTRUCTI N WORK IS DONE ON THE SIDEWALKS, ON THE NW CORNER OF MYRTLE T NAND 3RD ST N, THAT THE DAMAGE TO THE LAWN AND LANDSCAPING BE REPAIRED. 998 e ~'\, ~ "rv ~~ c...~ S!'9)Q1- May 11 ~ ~M -~7Wi {/ e .- 1992 l'1ayor- & Coun ci 1 216 Nor-th Four-th Str-eet Stillwater-, MN 55082 R E: G..b.Q.w...J~.f.;.G..K.bJ\G..~.J:.?J~...b_;:..$._...._:::=.......E..Q.!:!B.I.tL.9 F _.....J...\d.b.Y.. Dear- Mayor- and Council, e I was disappointed to hear- of your- decision not to allow my gr-oup to sell glow necklaces in Stillwater- on the Four-th of Jul y this year-. Ever-ything seemed to go so well I ast year: Sa I es wer-e good, the chi I dr-en fr-om the chur-ch made money and had a good time, and the public seemed to enjoy the necklaces. I know the childr-en at Tr-inity Luther-an chur-ch will also be disappointed when I tell them we ar-e not allowed to come back this year-. \ The r-eason for- this letter- is to r-equest that you r-eimbur-se me for- the $25 fee I had to pay for- a po lice backgr-ound check. At the time, I fe It tha t pay ing the fee was unnecessar-y since your- pol ice had done a backgr-ound check on me last year-. I paid the fee again this year-, however-, because I was told that if I passed the backgr-ound check again and r-eceived appr-oval fr-om the par-k boar-d again, I would likely be r-eappr-oved to sell again this year-. As you know, I passed the backgr-ound check again, and the par-k boar-d was in favor- of my gr-oup coming back to sell again, but you decided not to let us come back again. Appar-ently ther-e is nothing I could do to win appr-oval f r-om the Ci ty Coun ci 1 thi s year-. It ther-efor-e seems to me that, since ther-e is no way my gr-oup would be allowed to sell this year-, I should have been spar-ed the expense of the $25 backgr-ound check. I hope you will agr-ee and r-efund that charge. If so, please make the check payable to me personally, since I paid the fee fr-om my per-sonal bank account. e (9:Ql~ David Rochlin 1025 Interchange Tower . 600 South Highway 169 . Minneapolis, MN 55426 · (612) 595-0822 · Fax (612) 546-2946 illwater --- ~~ THE BIRTHPLACE DF MINNESDTA J e May 4, 1992 Mayor and City Co ncil City of Stillwater 216 North Fourth treet Stillwater, MN 5082 Dear Mayor and Co Members: At the Parks and ecreation Board meeting on April 28, 1992, the Board discussed t e Council's recent decision to deny the request by David Rochlin to sell necklaces in the city parks on July 4th. The Board had voted unanimously to recommend approval of this permit based on the fact that the applicant had followed all the proper procedures. He obtained the appropriate permit last year, and the City experienced no problems with this person, while others were in the park selling without any permit. This year he again went through the effort of obtaining a permit and has now ~ been turned down. ,., We wish to express our disappointment with your decision, and we request that the Police Department be directed to strictly enforce the ordinance and allow no selling in the park whatsoever. If hose who apply for permits are not allowed to sell in the park, hen it is imperative that anyone attempting to sell be removed fr m the park or issued a citation. n Board WW/ss e CITY HAll: 216 NORT FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~,~ .~ 11 l1li. -.ill STILLWATER AREA SCHOOLS ~ Effective Learning Through Excellence in Education May 4, 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 430-8200 · V-TOO 1992 RE: Local Government Officials ~ David L. Wettergren, superintenden\\ )/()L7li1~Uf 'I~ Stillwater Area Public Schools ~ ! Interagency-Governmental Meeting TO: FROM: In recent conversation with Washington County Commissioner Sally Evert and County Administrator Chuck Swanson it was brought to my attention that a successful series of meetings have been initiated between County representatives, the South Washington County School District, and local government agencies within the boundaries of the school district. The purpose of the meetings has been to discuss ways that local government agencies can work together to improve efficiency and effectiveness. 4It It was suggested, and I agree, that there may be a reason and interest for doing the same thing wi\th the various communities that fall in whole or in part within the geographic boundaries of District 834, the Stillwater Area Public Schools. To this end, a meeting has been scheduled for 7:00 - 9:00 p.m. the evening of Wednesday, June 24, 1992 in the Washington County Board Room to discuss the possible interest of local agencies to meet on a quarterly or some other basis to discuss ways we can coordinate our efforts in a manner that will improve the efficiency and effectiveness of our ogranizations. The County and local governmental units identified on the accompanying sheet are invited to send representatives to this informal organizational meeting if you are interested. If you know of other agency representatives that may have an interest please feel free to invite them as well. DLW/je cc: School Board Board of County Commissioners .., >$p~v o ~ Equal oppor~ Employer e Board of Education STEVE ZINNEL SUZANNE THOMSEN Clerk LYMAN GEARY KAREN ROSE Chairperson Director Director LOUISE JONES LYNN SCHMIDT ROLAND BUCHMAN DAVID WETTERGREN Vice Chairperson Treasurer Director Superintendent Cities Town s hip s County School District e June 24, 1992 C mmunities and Townships rine on St. Croix go illwater k eEl IDO k Park Heights yport keland keland Shores . Croix Beach . Ma ry 's Poi n t ton odbury ant ill wa t e r y t own st Lakeland e shington District 834 e /" STAFF REQUEST ITEM 4ItEP~RTMENT ~L?~~____~~/!~JY_____ ME2TING DATE __~f~~__ DESCRIPTION OF REQUEST (Briefly outline what the request is) ___~__~fkJ1?l!?:b_--qj__-(LE.K.~LI2N1:P.:.~-----h-f3=--_tl-y--4:t~---- --------------------------------------------------------------------- --------------------------------------------------------------------- _~?_:f2___~~6Jd~___~~~L~_.dilJ.g.?#ffII1________~!?_~~___ ____________________________~5~1~gc_c:~~j)J~_~_~_______~~----- _____________________~______~lb&~~_~~ij__________~_~~__--- ____________________________~1~~~~__~1JP~~~------~~-~--- ____________________________~~~~~E~__lte~~!f~~______~_~~__-- ____________________________~4i01~{__~~~_~~~_______~~~___- __________________~~_~__~_~lbj_~_jf_~~J~__________~_:~~---- ~__________~-------~~-~---~~~~~i~~~-~~~5-~--~~~------ e -------------------------------------------------------------------- FINANCIAL IMPACT (Briefly outline the costs, if any, that. are associated with this request and the proposed source of the funds needed to fund the request) ________~_~Q~__L~_~__________________________________------ --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ------------~----------------------~--------------------------------- ADDITIONAL INFORMATION ATTACHED YES NO X SUBMITTED BY MU2I BE SUBMITTED TO THE CITY CLERK A PRIOR TO THE NEXT REGULARLY SCHEDULED 1 CED IN THE COUNCIL MAT::7L PACKET. . ~<'d----- DATE --;2!;/L0---- ALL COUNCIL MINIMUM OF FIVE COUNCIL l'tlEETING e --- ..-' - ---_._------..-- ----.-.----------- Public Employees Retirement ~ssociation of Minnesota . ,.:-~yj:_ \. SUite 200 - Skyway level I y,/, \ 514 St. Peter Street / /~ ,.i \ '-. St. Paul, Minnesota 55102ji~""':;,< \\ (OFFICE) 612-296-7460 /"" /.... / \\ (TOll FREE) 1-800-652-9026 .",.j .______J (FAX) 612-297-2547 May 15, 1992 Member No. 802777 Mr. Nile L. Kriesel City Coordinator City of Stillwater 216 North Fourth Stillwater, MN 55082 Re: Mr. Gordon C. Seim Dear Mr. Kriesel: In response to your request, we have determined the cost, should Gordon Seim wish to purchase five months of service credit, due to special legislation enacted at the 1992 session of the legislature. The actuarial cost, if payment is received in our office by May 29, 1992, is $5,034.49. e Under the law, the governmental subdivision may pay all or any portion of the payment amount that exceeds the employee contri.butions due for the period, with interest at 6 percent compounded annually. The employee deductions amount to $130.74, and interest at 6 percent compounded annually through May 1992 is $495.68, for a total of $626.42. Should you have any questions about this matter, please contact our office. e Sincerely, - :J!. . PUB~E~~;:SOC:p7D ~p~ 1!:thY 1. {;.n n : 11ft; og1l-tf q I fin ~~ --to 1 !tOt t. fr1~ . ~~ ~~~3' O-(Y1l J- > ~ ~ $9- ~,.r ~ ~ :-\ \ ,~\~ cc Equal Opportunity Employer e e e lYe 5'1/9/92 MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: May 19, 1992 RE: SUN CONTROL WINDOW FILM Accompanying this memo is a proposal from Window and Wood Moulding Products, Inc., to install sun control window film to the windows at City Hall (but not the Fire Department at this time) at a cost of $1,800. The proposal includes the entryway at North 4th street and the area between the main building and the Fire Department. The purpose of installing the film would be to reduce glare, the fading of interior contents and heat loss. I have had an energy specialist at NSP check the energy savings calculation submitted by the proposer and the specialist concurs with the calculations and the estimated payback time (5-1/2 years). However, the payback period should be shorter because NSP also offers a 40 cent per square foot rebate (about $325) if we install the film. Therefore, the net cost would be about $1,500 and the payback period would be shortened by 1/2 - 3/4 of a year. I have surveyed most of the people who work in the building and they prefer the bronze tinted film over the silver tinted film. Two windows in Sgt. Bell's office have been covered with both films ,in case you are interested in seeing what effect the film has in terms of reducing glare and in terms of aesthetics. The bronze film appears better aesthetically because it matches the red brick exterior. However, the silver film better reduces glare and heat loss (about 1 year difference in payback). I would request approval to install the bronze film in the areas referenced in the proposal and will answer any questions you may have on the proposal at the meeting. -(] /J1..-vU Window a.nd Wood Mou!di 9 Products, Inc. 637 Perch Lake Road Hudson, WI 54016 '~7/~~ ~~f- IDtf30 Proposal Submitted To: Name Sr-JiLwA:h;n.. MvJJ Ie, plJ.L. Street if~~ City .s "1-11.1. AJ~^, State /H N Phone /3u, LO"Je PROPOSAL No. Date ?I' ~ z. /y..z. Sheet No. Work To Be Performed At: Street S.A!h-n ~ City Date of Plans Architect State We hereby propose to furnish the materials nd perform the labor necessary for the completion of ~ 'SrA-tf!" C 6 4-~' AJj , LA--Ce 'tIl~ LA..) ~4AJ'J-.r A ppL I~ \ DJ;:.L 'YJ;;./L. A-f'J r::. ::&:NsrA 1.1.. NIZISf) 6 D "';CC5 fL -rNi: CON B U J 1 C ,~I.. A.LL. 6:PF,c.E W"J Do W.s J;;' A-~ -r- ""-"l t) W G~-r ~,j .B~,J D oJ b ~ 1:> ;;:,J-N.JWJ C E S 4LL .-=F'I 1m 4A-~ scrz.~trjJ S-y n.. J. ~ 00 fL -:::;:::n. fi1e.. CONl1LdL. ul.eNcoLU -:f7"L1l1 77J Stt..ch W/AlCoc.Vs AS "..(:" J-I~4j", ~~1L81 -;=74.DIAJ'j/ 's-4--P-'1-Y+ pRLYAc:.r W6,5T..j. SOI..(1-II. L-;2.9)UN,7s 7f' 1;l() S. CT,!e -# CZ 4'f~ ~ DON!; .s~P411-4f-12 -ror-A-l fy "'fl;t~ 4// 41"' T#E SA-mCi: 7/'NfE ..... All material is guaranteed to be as spe ified, and the above work to be performed in accordance with the drawings and specifications submitted for above w rk and completed in a substantial workmanlike manner for the sum of Dollars [$ ). with payments to be made as follows: Any alteration or deviation from above specifications inv ving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Own r to carry fire, tornado and other necessary insurance upon above w rk. Work- men's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted ~~ ~ ' Per / Note- This proposal may be withdrawn by us if not accepted within.3 0 days, .'"\ ACCEPTANCE OF PROPOSAL The above prices, specifications and condition, are satisfactory and are hereby accepted. You are authorized to do the work as specifiecj Payment will be made as outlined above. Date TOPS~FORM 3850 Signature Signature nn.I'"'1t.J AI ..., ...,. . ~ e e e TO: FRO~l: DATE: SUBJECT: M E M 0 MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK MAY 18, 1992 REIMBURSEMENT FOR PRESIDENTIAL PRIMARY COSTS Attached is a letter from the Secretary of State asking for documentation of costs incurred by the City for the Presidential Primary and our reply to that request. This is being done in hope that we will be reimbursed for these costs. Please review and approve for sending to the Secretary of State. ~.. I. ~tutr of lIinnraotu JOAN ANDERSON GROWE Secretary of Stare ELAINE VOSS Deputy Secretary of State OFFICE OF THE SECRETARY OF STATE ~aiut 'aul 55155 180 STATE OFFICE BUILDING 41ft Corporation Division: 612/296-2803 UCC Division: 672/296-2434 flection Division: 672/296-2805 Office of the Secretary: 672/296-3266 Office of Deputy Secy.: 672/296-2309 May 5, 1992 TO: Minnesota Clerks FROM: on Growe f state SUBJECT: REIMBURS FOR PRESID MUNICIPAL EXPENSES PRIMARY Laws of 1992, Article 1, section 4 provides for reimbursement of cer ain presidential primary expenses which were incurred by cities nd towns. Enclosed are the instructions and the form to be used 0 request reimbursement of these expenses. All requests for reimbursement must be made using the enclosed instructions and fo Please send the completed claim form to the Secretary of State a the address on the form no later than June 8, 4It 1992. Payment cann t be made for incomplete requests or for any requests received af er June 8, 1992. After the requests Secretary of State w If the total exceeds reimbursements will for reimbursement have been recei ved, the 11 calculate the total amount of all requests. the amount appropriated for this purpose, the e prorated based on the available funds. The Department of Fi ance will issue reimbursement checks directly to each municipalit , starting after July 1. All payments should be completed by Aug st 31, 1992. If you have any qu stions about the forms or the reimbursement process generally, lease contact Joe Mansky at (612) 296-2805. enc. e "AN EQUAL OPPORTUNITY EMPLOYER" \ .. ~ . . STATE OF MINNESOTA SECRETARY OF STATE .e PRESIDENTIAL PRIMARY ELECTION REIMBURSEMENT REQUEST 7. Salaries of Election Judges total: Absentee Ballot Postage total: Polling Place Preparation total: Equipment Preparation total: Overtime and Temporary Staff total: Total reimbursement requested: Send payment to: 1,930.88 1. $ $ $ $ $ $ 2. 5. 6. 100.00 34.28 97.74 3. 4. 2,162.90 City of Stillwater Name of jurisdiction 216 No. Fourth St. Address Stillwater, Mn. 55082 e 1\ 8. I certify that the above totals and the attached itemizations are true and correct and accurately reflect only the expenses incurred within this jurisdiction while conducting the Presidential Primary election on April.7, 1992 under Minnesota Statutes Chapter 207 A Signature of person authorized to submit claims for the jurisdiction: ~~ City Cl erk Title 612-439-6121 Phone 5/18/92 Date 9. Submit to: Attn: Reimbursement Secretary of State 180 State Office Building Sl Paul, MN 55155 (612)296-2805 II\! (Invoice received) I CC2 I I I CC5 I I I I hereby certify that the goods or materials covered by this claim have been inspected and received or the services have been performed. and are in accordance with specifications and are in proper form. kind. amount. and quality. and payment therefor is hereby recom- mended. Transaction date and number I CCl I I . Object. !'1 I CC3 I I ,."". - e Dept. authorized signature FI-00384-01 (4/91) Reimbursement requests may be faxed to 612-296-9073 if followed by the original through the mail. < . I . ~ NO. 3 - POLLING PLACES e In order to save money, the Stillwater City Council decided to use one polling place instead of the fi e polling places we normally use. The polling place that was used was the F rst United Methodist Church, on Myrtle & Greeley Streets. The Church was paid $10 .00 for use of their facjlity. In view of the fact tha the City tried to save money and used only one polling place instead 0 five, we believe we should be reimbursed the full amount of $100.00 for t is item. NO. 4 - EQUIPMENT PREPARATION Normally, the City uses punch card machines, but Washington County decide to use paper ballots for t is election. Therefore, I am submitting a copy of a bill in the amount of $ 4.28 for supplies needed to convert our punch card machines into voting bo ths for paper ballots. (The surface, otherwise, would be bumpy and hard to us .) N . 5 - OVERTIME & TEMPORARY STAFF Shirley Montbriand, Sec etary for the Building & Planning Departments, worked ~ overtime 4-1/2 hours on Presidential Primary Day, answering phones, ,., @ $21.72/hr. for a total of $97.74. e WASHINGTON COUNTY VETERANS SERVICE OFFICE GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 Office (612) 430-6895 Facsimile Machine (612) 430-6245 Jon D. Larson Veterans Service Officer Don J. Cohoon Assistant V.S.O. t~ay 19, 1992 City Of Stillwater Police Department Stillwater, Minnesota 55082 To Whom It May Concern: e I'm writing you on behalf of the Stillwater Citizens Memorial Day Assoc- iation. On Monday, May 25, 1992 we will be having our annual Memorial Day parade and program in the downtown Stillwater area. The parade will begin at 10:30 a.m. at the corner of 5th and Myrtle (this is where we will be forming up. We will march east on Myrtle to 3rd St. then go South to Chestnut, east on Chestnut to 2nd St. and then go North on 2nd back to Myrtle and finally East again on Myrtle to Lowell Park or the levy area. The Memorial Day Service will follow at 11:00 A.M. It is our sincere hope that Mayor Abrahamson will be a part of the parade. There will be a vehicle for him to ride in. ~Si:~:Y~~ In D. Larson itizens Memorial Day Assn. Chrmn. e Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION e mB e e GAB Business Services Inc 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX 612-943-2383 May 7, 1992 Claims Control Branch Mr. Nile Kriesel city of stillwater 216 N. 4th st . stillwater MN 55082 GAB FILE #: TRUST MEMBER: D.O.L. : CLAIMANT: 56509-04229 CITY OF STILLWATER 4-10-92 VERN WALLIN Dear Mr. Kriesel: I have completed my investigation into the above mentioned claim. I discussed the specifics with Mr. Junker. I settled with the claimant for $510.02. The City of stillwater under the general liability portion of their coverage carry a $250.00 deductible for property damage. Please issue a check payable to GAB Business Services Inc. in the amount of $250.00 and mail to the above address. Please note on your return correspondence GAB's file #56509-04229. Thank you. If you should have any questions please call. Sincerely, QuLL~ ~Ulie Lassonde ~ Adjuster CC: McGarry-Kearney Agency 243 s. Main st. stillwater, MN 55082 ~'I,. ,~ o .;:. ~ ~ ... HWhere quality really matters." @ e May 7, 1992 ce S/19/Cr'L_ Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 5510 1-1633 612 222-8423 To Elected Officials, City Managers and Staff: Budget Breakfasts seeking input to the Metropolitan Waste Control Commission's (MWCC) Proposed 1993 Budget are scheduled as listed below. The MWCC invites you and/or appropriate city staff to attend. Pre-Budget meetings were held in March to gather input prior to developing this proposed budget. The Commission appreciates comments received from all who attended. We realize that wastewater treatment is a major cost in your community's budget and are anxious to provide our system users with effective treatment at a reasonable cost. We believe it is important to provide you with an opportunity to review and comment throughout our budget process. In order to accommodate those who will be attending the League of Minnesota Cities (LMC) June Conference, MWCC has scheduled one of the breakfast meetings at the Radisson South just prior to the LMC Opening Session on June 10. You do not need to be registered for the conference in order to attend this breakfast meeting. . We will end the breakfast meeting in time for you to make the conference opening session. e MWCC will schedule a Public Hearing on the 1993 Proposed Budget at the June 16 Meeting of the Full Commission. Action on the 1993 Proposed Budget, containing any cnanges as a result of suggestions from the breakfast meetings and Public Hearing, is anticipated at MWCC's July 21 Meeting of the Full Commission. There is a meeting for industrial users on Friday, May 29, at 7:30 a.m., at the Holiday Inn Roseville. If the meetings listed below don't fit your schedule, you are also welcome at the industrial users meeting. . BUDGET BREAla'AST MEETING SCBBDOLB MAY 27 - WEDNESDAY KELLY INN-ST. PAUL 1-94 & ~ON STREBT 7:30 a.m. - 9:00 a.m. JCJNB 2 - 'l"OBSDAY DROVER'S INN - SO. ST. PAUL 1-494 & CONCORD 7:30 a.m. - 9:00 a.m. JCJNB 10 - WEDNESDAY RADISSON SO. - BLOOMINGTON 7800 NORMANDALJI: BLVD. ATRIUM 2 7:30 a.m. - 8:45 a.m. . e TO PLACE YOUR MEETING RESBRVATJ:ON, CALL SARAH KLINE AT 229-2129. JCJNB 5 - FR.IDAY KOPPBR KETTLE - OSSBO 225 CENTRAL AVENOB 7:30 a.m. - 9:00 a.m. ~ ~0 a ~~C)... ..... "- ,,::\ ,\:>>' Equal Opportunity/Affirmative Action Employer ~ t~ .~ C Q '5(~q Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 5510 1-1633 612 222-8423 e 1992 LEGISLATIVE UPDATE A number of measures ere debated in the 1992 Legislature and by federal regulators recently which affect MWCC and its ratepayers. These issues, and oth rs, will be addressed in the budget breakfast meetings later this month. Here are highlights: 1. MWCC staff worked ith the Association of Metropolitan Municipalities, the S burban Rate Authority, the Northern Mayors Association, the Metropolitan Council and several metropolitan cities to reach a compromise with legislators to commission a rate structure study by the Universi y of Minnesota. The Metropolitan Council will contract for the stud. It will examine the social, economic and environmental effects of assessing costs within the sewer service areas where the costs are incurred, as compared to the current system of assessing costs uniformly throughout the metropolitan area. Upon completion of the stu y, results will be forwarded to the Legislature. - 2. A provision in the elimination of the sa subdivisions, includi anticipate an increas Legislature's 1992 Omnibus Tax Bill calls for es tax-exempt status for certain political 9 the MWCC, effective June 1, 1992. We in MWCC costs of about 1% next year. 3. On the federal lev 1, MWCC has been alerted to a proposed amendmeDt e to the Resource Conse vation and Recovery Act Reauthorization. This amendment makes chang s in the so-called domestic sewage exclusion. From MWCC's viewpoint, the following language in the proposed amendment is of consi erable concern: [A) publicly own d treatment works...receiving or treating any pollutant which is a hazardous waste shall not be deemed to be generating, treating, storing, disposing of, or otherwise managi g a hazardous waste for the purposes of this Act if the reatment works has established and is enforcin re uir ments to rohibit the introduction of hazardous wastes into the treatment works. (emphasis added) It appears "this langu ge would requireMWCC to develop limits for all hazardous waste cover d under RCRA or run the risk of being considered a manager of hazardou wastes under the Act. The de- velopment of limits for all regula ed hazardous wastes is clearly beyond the resources of MWCC. We have forwarded our concerns to Congress and the Association of Metrop litan Sewerage Agencies. 4. Representatives of MWCC's offices of Governmental Relations and Quality Control were 'nvited by Wisconsin Legislators and the Boundary Area Commission to pr sent an update on the Metro Plant Phosphorus Study at a public hea ing in Prescott April 6. The meeting gave MWCC an opportunity to sha e information with the general public and state and local officials 0 the progress of the study and make them aware of the next phase. If MWCC is required to remove phosphorus from the waste stream, its bud et could go up by 40%. e .~f?il. ," \ ~~ Equal Opportunity/Affirmative Action Employer ~ ~0 (} e ~~ ------- -~- --- March of Dimes Birth Defects foundation Greater Twin Cities Chapter Pentagon Plaza 4940 Viking Drive Suite 268 Minneapolis Minnesota 55435 Telephone 612 835 3033 arch of . as JIll Prevenling Birth Deleets Jim Swanson Chapter Director May 8, 1992 Mayor Wally Abrahamson City Hall 216 N. Fourth St ~i1lwater, MN 55082 Dear Mayor Abrahamson: The results are in and it's official: WALKAMERIA 1992 WAS A HUGE SUCCESS! Nearly 6000 walkers pledged over $450,000 to help the March of Dimes Campaign for Healthier Babies prevent birth detects, low birthweight, and infant death. In the St. Croix Valley walkers raised $22,510.82. e I, and the March of Dimes, truly appreciate your talking the time from your very busy schedule, especially on a Sunday morning, to speak at the opening ceremonies for the st. Croix Valley WALKAMERICA. Your\ dedication to your constituents is outstanding and displays what the words 'community service' truly means. Because of the St. Croix Valley's participation and caring, the March of Dimes is another step closer to its goal. Thank you for your commitment to giving every child a healthy start in life. We hope that you will chose to be a part of WALKAMERICA '93! rely, Re nn J. 5tf~ Pat Erlandson & Mike Jones WALKAMERICA Volunteer Co-Chair st. Croix Valley WALK Co-ordinator e e May 4, 1992 Mr. Bruce A. W. Stillwater Elks 279 East Myrtle Stillwater, MN Fyr illwater ~ - -~ THE BIRTHPlACE OF MINNESOTA ~ Kamperschroer Lodge No. 179 55082 e Dear Mr. Kamperschroer: At the last meeting of the Stillwater Parks and Recreation Board, it was reported that the Stillwa~er Elks have donated $1,000 to the Parks Department for tools and playground equipment. On behalf of the Board, I wish to thank the Elks for this generous donation. . We are always grateful for donations for this type of equipment, and we appreciate your interest in and support of our parks. WW/ss tit and Recreation Board CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e . I ~r~#'~~ ~AW~/w#'~ ~r~#'~~ $dO"ft.'e/~~~ fll~r.ywb/k~~, S!t~~~~. ~r~~~AZf~ ~~~#A/M~, ~rM~~~~, ~~r~~~~juwt. ffiy~H~ 1fr1 r@LL e ,{./ ~ e e e e e DAVID T. MAGNUSON ATTORNEY AT LAW THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE IZ6. P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: <(12) 439-9464 TELECOPIER: <(12) 439-5641 May 13, 1992 Nile Kriesel city Coordinator city of stillwater 216 N. 4th street Stillwater, MN 55082 RE: City of stillwater vs. Richard Sowers Dear Nile: I enlcose a copy of Judge Cass's Order and Memorandum dismissing the Sower's counter-claim against the city. Perhaps the Council would be interested in taking a look at this. Yours very truly, \~ David T. Magnuson DTM/sls Enclosure ,~\?)1- .\ \ \ ;..: <~'\ -'~\'r' STATE OF MINNESOTA COUNTY OF WASHINGTO MAY 1 1 1~':jL DISTRICT COURT TENTH JUDICIAL DISTRICT ROTICE OF FILING Cour File fI C!:J -9 d -1m 9 t./ You are hereby notified that on m A'I 8 19 9;;;, an Order was duly f led, a copy of which is attached hereto. Dated: 5- - MARIE SUNLITIS Court Administrator by: ~m r:<. Deputy e ** A true an correc copy of this Notice has been served by mail upon the parties or their attorney's at their last known address, pursuant to Minneso a Rules of Civil Procedure, Rule 77.04 . ;. ." ~ 'I . " e e ,~. ,~ ~ "'- :-\.. ~~ e e e STATE OF MINNESOTA DISTRICT COURT F ':,'....II~::~.!'-1 '"'~., ~"H JUDICIAL DISTRICT ---------------------------r-- I City of stillwater, L MA'Y e i992 t,.INDINGS OJ' PACT PlainUrt, ; COUf'l .".;.;;.s,~roo ~ O~R . bf!' R .11e No. CS-92-1694 COUNTY OF WASHINGTON vs. Richard N. Sowers, Defendant. The above-entitled matter came on for trial before the undersigned, the Honorable J. E. Cass, Judge of the above-named Court, at the Washington County Government Center, Stillwater, Minnesota, on May 7, 1992. Plaintiff was represented by David T. Magnuson. Defendant appeared personally and was represented by Joel Anderson. I Based on all of the files and records herein and the Motions of Plaintiff, the Court makes the following: PINDINGS 01' PACT l. On May 6, 1992, Plaintiff moved the Court to dismiss its Complaint against Defendant pursuant to Rule 41.01, Minn. R. Civ. 2. In his counterclaim filed April 30, 1992, Defendan~.made no allegations of specific facts upon vhichrelief could be granted to him. -............,....... ...-.... .........,.. ....-.. ... .. .-"... ---".' .. .. --- ...... '. -. '" .. 3. Defendant no longer resides at. l250 Orleans Street, .. .. . ...... .....,. . - .. .-. .... .... stillwater, Minnesota, his residelice at. the ..time.,~,the -events occurred which were the basis for this contz:C?y!i.r~y'~";:' ,.,~ -" ". . '. : . . :... ..,".. .." : .'., .. ... '" " :. .... '; , ",. . ," ..... f...... 4. In complia ce with the Court's Temporary Injunction dated April 9, 1992, the a imal involved in this proceeding, hereinafter e known as "Ziggy," h s been removed from the city of stillwater. 5. stillwater, Minneso a. 6. now resides at lOl3 South Third Street, not applied for a permit as required by Chap. 27.01, subd. 1 , subs. 1, of the stillwater City Code to move Ziggy to his present residence or any other premises in the City of stillwater, Washin on County, Minnesota. Based on the f regoing, the Court makes the following: ORDER 1. Plaintiff' Complaint is DISMISSED. 2. Defendant' counterclaim is DISMISSED. 3 . The reference. 4 . The Memorandum is made a part hereof by e Court Administrator shall mail a copy of this Order 0 the attorneys for the parties by u.s. Mail. Such mailing for all purposes. due of this Order J. E. Cass Judge of District Court 2 e e e e MEMORANDUM Re: city of stillwater v. Sowers Court Pile No. C5-92-1694 In accordance with the provisions of Rule 41.01 of the Minn. R. civ. P., Plaintiff moved to dismiss its Complaint and Defendant's counterclaim. On all of the facts and circumstances involved in this case, it is not logical to force Plaintiff to continue with its cause of action against Defendant. Zig9Y is gone, and Defendant has moved. Obviously, Zig9Y was removed by Defendant as required by the Court's Temporary Injunction, but neither the Court nor Plaintiff had anything to do with Defendant moving from his residence at Orleans street where all of the events involved in this proceeding occurred. Any Order the Court might issue could not affect the current situation. Rule 8.01 of the Minn. R. civ. P. requires that all pleadings "contain a short and plain statement of the claim showing that the [pleader] is entitled to relief. " In his counterclaim, Defendant failed to plead any statement of a claim which shows he is entitled to relief. Rule 12.03 of the Minn. R. civ. P. provides for the entry of judgment on pleadings. Based on Defendant's failure to provide any statement on which the Court could grant him relief in his counterclaim, the Court has dismissed that counterclaim. A case is "moot when a determination is sought on a matter which, when rendered, cannot have any practical affect on the existing controversy . . . or because issues involved have become academic or dead." Black's Law Dictionary, sixth Edition, Pg. l008. As noted, Zig9Y is gone and Defendant has moved. Therefore, any Order the Court ight issue regarding Defendant's residence on Orleans street and . ts suitability or compliance with the city e ordinance would have no affect on the animal or Defendant. Defendant he has a right to challenge the city ordinance notwithsta ding the change in circumstances. Generally, only persons whose p operty rights are injured by an ordinance or its enforcement have standing to challenge its validity. In the present circumstance , Defendant has not applied for a Special Use Permit under the cit code for his new residence. He has not been injured. He has exhausted his administrative remedies. If he meets the legal irements as provided in the Order, the City Council may author'ze issuance of a Special Use Permit to Defendant. In his oral a gument, Defendant's attorney alleged that e Defendant was procee ing on violations of his rights under a cause , Code 1983. This was not pleaded by of action based on Defendant as requi by Rule 8.03, Minn. R. civ. P. , and therefore, it will Dated: be considered b n i Court under the present circumstances. (] .' tUv J. E. Cass Judge of District Court 2 e e e e DAVID T. MAGNUSON ATTORNEY AT LAW THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 TELECOPIER: (6ll) 439-5641 May 15, 1992 Mayor & City council city Department Heads Nile Kriesel, Coordinator City of stillwater 216 N. 4th street stillwater, MN 55082 RE: Recent Changes in Public Bidding Requirements I enclose a copy of Chapter 380 of the Session Laws that enact some changes to Minnesota statutes S 471.375 by increasing the amount of an estimated contract upon which the city must seek sealed bids. As you can see, the amount is raised from $15,000 to $25,000 and two or more quotes may now be used to purchase property between $10,000 and $15,000. There are also some interesting \ changes wi th regard to the annexation law, and I will forward those changes on to you as soon as I receive them. Call me with any questions about this. Yours very truly, DTM/sls Enclosure &l'"" .~ CO'" "- ~~ I I I I ! 1 I t l' " ,,. ~ ;: t: \ ----.-.... Ch. 380 e E cept as provided in sections 471.87 to 471.89, no member of a council shall be directly or i directly interested in any contract made by the council. Whenever the amount of a con ct for the purchase of merchandise, materials or equipment or for any kind of con truction work undertaken by the city is estimated to exceed ~ the amount s e 'fied b section 471.345 subdivision 3, the contract shall be let to the lowest res nsible bidder, after notice has been published once in the official newspaper at least ten ays in advance of the last day for the submission of bids. If the amount of the con act exceeds $1,000, it shall be entered into only after compliance with section 471. 45. S c. 3. Minnesota Statutes 1990, section 412.691, is amended to read: 412. 91 MANAGER THE CHIEF PURCHASING AGENT; LIMITATION; AUDIT AND APPROVAL e manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manager when the amount of the purchase or con ct does not exceed $J.;OOO $15 000 unless a lower limit is rovided b the ci cou cil; but all claims resulting therefrom shall be audite and approved by the council as pro 'ded in section 412.271. All other purchases shall be made and all other contracts let by he council after the recommendation of the manager has first been obtained. All con cts, bonds and instruments of every kind to which the city is a party shall be signed by e mayor and the manager on behalf of the city and shall be executed in the name of the ity. S c. 4. Minnesota Statutes 1990, section 471.345, subdivision 3, is amended to read: e S bd. 3. CONTRACTS QVER ~ $25,000. If the amount of the contract is esti ated to exceed ~ $25,000, sealed bids shall be solicited by public notice in the ma ner and subject to the requirements of the law governing contracts by the particular mu icipality or class thereof provided that with regard to repairs and maintenance of ditc es, bids shall not be required if the estimated amount of the contract does not exceed the mount specified in section 103E.705, subdivisions 5, 6, and 7. S c. 5. Minnesota Statutes 1990, section 471.345, subdivision 4, is amended to read: S bd. 4. CONTRACTS FROM $10,000 TO ~ $25,000. If the amount of the con ct is estimated to exceed $10,000 but not to exceed $Hi,OOO $25,000, the contract ma be made either upon sealed bids or by direct negotiation, by obtaining two or more quo tions for the purchase or sale when possible, and without advertising for bids or oth rwise complying with the requirements of competitive bidding. All quotations ob ined shall be kept on file for a period of at least one year after receipt thereof. S c. 6. Minnesota Statutes 1990, section 471.345, is amended by adding a subdivision to ad: S bd.14. DAMAGE AWARDS. In any action broug-h(challeng'ing- the validity of a mu ici al contract under this section the court shall not award as an art of its 'u ent dama es or attorne 's fees but ma award an unsuccessful bidder the costs of re ariD an unsuccessful bid. S c. 7. Minnesota Statutes 1990, section 471.88, subdivision 5, is amended to read: S bd. 5. A contract for which competitive bids are not required by law 9.11.d wR9r9 the S c. 8. REPEALER. - innesota Statutes 1990 section 471.88 subdivision 8 is re ealed. Additions are indicated by underline; deletions by AiIIIoul 49 e ~ f. ~~l.. 0'" \ ~'* e e e ~ ~. sf ~1/CjL ~SeJ ENGINEERS. ARCHITECTS. PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MN 55110.5108 612490-2000 800325-2055 May 13, 1992 RE: Stillwater, Minnesota Downtown Improvements City Project No. L.I. 257 SEH File No: 89255.02 Mr. Nile Kriesel, City Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Kriesel: We have received your memo dated May 11, 1992 regarding the downtown project deficiencies. We appreciate the input that you and Councilmember Funke have provided to us on this project. We will certainly review these items and include them on the punch list that we have already developed. I am enclosing the punch list for Main Street and for Chestnut Street from Main to the river and you will notice that some of the items that you have listed are duplicated on this list that was prepared by our field representative. I You also questioned utility poles on the north side of Nelson near Union Alley and asked if these were to be removed. To my knowledge, these poles will not be re~oved. In addition, you questioned utility poles on Main Street across from the Brick Alley building. These poles were discussed at the project meeting last Thursday and NSP will remove them prior to sidewalk placement. The spaces you mentioned by Brines and the Seasons Tiques are having some railing constructed for them that will be railing similar to the railing already placed at the edge of the sidewalk. In the meantime, we will have the contractor take some temporary measures to protect the pedestrian traffic from these hazards. Once again, we appreciate your input in the project and we will follow-up with a list to the contractor. We wish to remind you that we are not the project managers on this project and there are items that are not complete yet that the contractor has not included in his schedule at this time but he will take care of these items eventually. Our concern at this point is primarily with the safety of pedestrians and the traveling public. If you have any questions or more input, please do not hesitate to contact me. SHORT ELLIOTT HENDRICKSON INC. a:~rL Richard E. Moore, P.E. City Engineer CHIPPEWA FALLS. WI ~~~ g~ '\ ~* MADISON. WI Sf CLOUD, MN e ~ ~ ~ ~ ~ ~ ....., ~ ~ ~ <. ~ --. '-. 'l::> ~ :l J r/tee7- ~ :. ~ c:. >- -.:) ./'