HomeMy WebLinkAbout8132 (Res.)
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NO .8132
RESOLUTION
WHEREAS, the City of Stillwater, Washington County,
Minnesota, is a Home Rule Charter City of the Third Class, having
authority pursuant to Minnesota statutes, 9 473.811, without
limitation, to regulate and license the collection of solid waste
within its jurisdiction; and
WHEREAS, Junker Sanitation Service, Inc. is a contractor
licensed to collect solid waste within the City of Stillwater
pursuant to a contract in effect continually since the 30th day
of December, 1976; and,
WHEREAS, the City Council has received a copy of a "Notice
of Suspension of License to Operate" dated August 11, 1989,
issued by Mary Luth of the Department of Public Health of
Washington County, which suspension provides, among other things,
that unless an appeal is taken by Junker Sanitation Service,
Inc., a suspension of the license of Junker Sanitation Service,
Inc. to collect and transport solid waste as a commercial waste
hauler in Washington County, shall be effective on the 21st day
of August, 1989.
AND, WHEREAS, it appears that the nature of the violations
constituting the basis for the suspension of the license of
Junker Sanitation Service, Inc. is an apparent violation of
Washington County's Solid Waste Designation Ordinance.
AND, WHEREAS, the members of the City Council of the City of
stillwater wish to inform the Board of Commissioners of
Washington County of their grave concern with regard to the
procedure used in the issuance of the suspension and the
substance of the proceedings.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That because of the action of the Washington County
Department of Public Health taken without notice to the City of
Stillwater, a public emergency was created.
2. That it is impossible, upon ten days' notice, for the
City to make alternative plans to collect the waste since that
inherent in the regulation and licensing of a solid waste
collector are negotiations with regard to rates, assurances of
the ability to perform the service, the adequacy of a hauler's
insurance protection and the obtaining of important background
information.
3. That the City of Stillwater was without notice that
Washington County was conducting an investigation of Junker
Sanitation Service, Inc. and was without notice that a suspension
of any nature was being considered. That the City Council was
informed of the County's action by a phone call to the Mayor from
a reporter employed by the Stillwater Gazette, a local newspaper.
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That by its failure to keep the city Council of the City of
Stillwater or its City Coordinator informed of its contemplated
action, Washington County has committed a serious breach of
intergovernmental cooperation.
4. That the unilateral action of the County without
consultation has created a serious credibility problem that could
possibly impair needed cooperation between the City of Stillwater
and the County of Washington.
5. That the City Council has concerns that a 60-day
suspension of the license of Junker Sanitation Service, Inc.
bears no rational relationship to the seriousness of the alleged
offense committed by Junker Sanitation Service, Inc.
6. That even though Junker is permitted an appeal and stay
of the suspension, the finding of wrongdoing and imposition of a
substantial penalty without a hearing raises a serious question
of fundamental fairness and due process.
7. That the City Council questions the wisdom of any
ordinance vesting such substantial power affecting the welfare of
the citizens of the City in an employee of the Washington County
Department of Public Health.
8. That Washington County should immediately conduct
hearings on their Designation Ordinance giving proper notice to
all of the communities within Washington County in order that a
fair, comprehensive ordinance is created, recognizing the rights
of commercial haulers and the authority of local units of
government in the County of Washington to regulate and license
the collection of solid waste.
Enacted by the City Council of Stillwater this ~..t~ day
of ~..L._:r , 19h.
rahamson, Mayor
Attest:
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Mary Lo Johnson, ty Clerk
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