HomeMy WebLinkAbout2000-02-15 CC Packet
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REVISED AGENDA **
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 00-4
Council Chambers, 216 North Fourth Street
February 15, 2000
SPECIAL MEETING
REGULAR MEETING
4:30 P.M.
7:00 P.M.
4:30 AGENDA
CALL TO ORDER
ROLL CALL
1. Consideration of dental insurance contract
2. Workshop - Charter Commission
7:00 P.M. AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - February 1,2000, Regular and Recessed Meeting and Executive Session
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda.
The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the
concerns expressed.
STAFF REPORTS
. Finance Director
Police Chief
3. Community Dev. Director
4. City EngineerlPWD
5. City Clerk
6. Fire Chief
7. Building Official
8. City Attorney
9. City Coordinator
CONSENT AGENDA*
1. Resolution 2000-48: Directing Payment of Bills
2. Resolution: Amending Res. 6101 establishing a Safety Committee
3. Hang banners: Taste of Stillwater , May 30-June 19, Main at Olive, Fall Colors Fine Art & Jazz Festival, Main at
Olive, Sept. I8-0ct. 9 - City of Stillwater Chamber of Commerce
4. Resolution~ Setting compensation for election judges
5. Hang banner - Lumberjack Days 2000, June 30 - July 30, Main at Olive
6. Resolution: Approving Joint Powers Agreement with SouthwestlWest Central Service Cooperatives for Group
Employee Benefits and other financial and risk management services
7. Resolution: Accepting quotes and approving contract with Clarey's Safety Equipment, Inc., for purchase and
servicing of fire extinguishers
8. Attendance of Tom Crotty and Ken Gilliam at MN State Fire School, March 4-5
9. Purchase of sewer televising crawler unit
10. Resolution: Change order for Downtown Decorative Lights project
11. Resolution: Agreement with Lehmicke Construction for snow removal services for 1999-20000
12. Resolution: Cost sharing agreement on water quality pond at Holiday Inn Express
13. Resolution: Approving workers compensation coverage for elected officials
I4.:aesolution: Telecommunications restructuring in Minnesota
15. Resolution: Financing of certain proposed projects to be undertaken by the City; establishing compliance with
~imbursement bond regulations under the internal revenue code
-"iIIIili. i Resolution: Vacating drainage and utility easements along the common or shared interior lot line existing between
-., Lots 8 and 9, Block 1, Myrtlewood
17. Resolution: 2000 Memorandum of Agreementfor Drop Off Center Recycling Grant Distribution
18. Utili~v Bill acijustments
19. Temporary on-sale 3.2% malt liquor license - Softball Tournament at Lily Lake Ballfield, A1ay 5-7, Gary Bieging
City Council Meeting 00-4
February 15, 2000
UNFINISHED BUSINESS
1. Agreement with Lumberjack Days Festival Association for Lumberjack Days 2000 (Resolution)
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NEW BUSINESS
1. Request for permit - Stillwater Farmers Market
2. Bond issue recommendations and setting date for sale
3. Authorization to solicit proposal for plans and specifications for wall repair and storm water system at territorial
prison site
4. Setting hearing on proposed supplemental assessment - Local Improvement No. I84A
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
1. St. Croix Valley Athletic Partnership, Inc. - Request for contribution
2. MN Dept. of Human Rights - Invitation to regional idea exchange meetings
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
*
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All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion.
There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will
be removed from the consent agenda and considered separately.
** Items in italics are additions to the agenda
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Memo
DATE:
February 15,2000
TO:
Mayor and City Council
~/.
Chantell K~ . ,--. /0L/J
Administrative AssistantlPersonnel Coordinator
FROIVI:
RE:
Group Dental Insurance
Back2round
As you know, the City of Stillwater requested proposals for group dental insurance. The Dental
Committee met and reviewed the seven proposals received. Of the seven proposals, the
Committee identified three (Met Life, Millenium Choice, and Delta Preferred Option) that
seemed to best meet the criteria in the RFP and evaluated those proposals more closely.
Attached is the comparison sheet of benefits and premiums. I have also included the City's
current level of benefits and premiums from its current carrier, Delta Dental Discover.
Recommendation
The Committee recommends the City Council adopt the attached Resolution approving a
contract with Met Life to provide group dental insurance and providing for a maximum City
contribution of520.74 toward group dental insurance.
RESOLUTIONS/DENTAL CONTRACT.2000-02
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RESOLUTION 2000-
APPROVING CONTRACT W1TH METLIFE FOR
GROUP DENTAL INSURA1~CE COVER~GE
BE IT RESOLVED by the City Council of the City of Stilhvater, Minnesota that the contract
with MetLife is approved for Group Dental Insurance Coverage for the term beginning March 1,
2000. The monthly premiums for March 1 - December 31, 2000 shall be:
Single
F amil y
$20.74
$61.53
BE IT FURTHER RESOLVED that the City Council of the City of Stillwater, Minnesota
approves that the City shall contribute a maximum of $20.74 toward group dental insurance
coverage. Regular, part-time employees shall receive the prorated amount toward group dental
insurance according to the terms of their labor contract.
Adopted by the Council this 15th day of February 2000.
Jay Kimble, Mayor
ATTEST:
Modi \Veldon, City Clerk
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A..T
~T Group
E:m::icyee Eene~:ts tor Fubiic Grcc:::s
?':. ::::x ~2033
,'.'i:-::-:e2::aiis. ~,~:'J ':=4.18
~":c;je ;6j2~ 7.:~-~898
FAX {BiZ: 75":.3':95
February 10, 2000
Chante!1 Kadin
City of Stillwater
216 N 4th St
Stillwater, MN 55082
Dear Ms Kadin:
At A.T. Group we specialize in employee benefits ror public groups such as counties
and cities. We currently work with about 50 public groups in Minnesota. The four
employee benefits we focus on are Health, Life, Disabilip/ and Dental Insurance.
.
A.T. GiOup was established in 1986 for the specific purpose of working with governmental
agencies. For our complete history we have successfully filled the need for service in the
governmental arena. AT. Group is an independent agency and we are established with all
the major insurance carriers in Minnesota. Our governmental clientele has consistently
grown each year and based on the desire for superior service we expect it to continue
groWIng.
As employee benefit specialists, we understand the need for groups to have a smooth
running benefit package. Our role as agents is taken very seriously, and we are
committed to providing a prompt and courteous response to all questions or concerns.
Our agency is at all times available to meet with the insurance committee, conduct
employee inrormation and enrollment meetings.
We appreciate this opportunity to bid on your group dental plan and look forward to
meeting with you to review our proposed plans. V'Ie are confident that you will be pleased
with the products we represent and the services we provide. Feel free to call any of the
individuals listed on the attached reference sheet.
Again, thank you for your time. If you have any questions, please do not hesitate to call us
at 612-754-8898,
Sincerely,
7 . . / ~-:~'
St-~if .-;J:;a.0
Bill Singer
Group Consultant
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References
Governmental Unit Name Phone .
Oak Park Heights Kim Kamper 651-439-4439
Shore'liew Lori Elfiett 651-490-4615
New Hope SherrJ Draper 612-531-5115
Blaine Joyce Twistol 612-785-6123
Eagan Holly Duffy 612-681-4602
Kasson Linda Rappe 507 -634-6324
Pearl Street 911, Owatonna Marsha Pacelt 507 -455-2786
Anoka County John Sullivan 612-323-5370
North Branch John Mcosey 651-674-8113
Governmental Unit Line of Coveraae
Anoka Dental
Anoka County STD
Baxter LTD
Bethel Health
Blaine LTD
Brooklyn Center Dental
Byron Health
Chippewa County Dental
Health .
Circle Pines Dental
Ufe
LTD
STD
Crystal Dental
Dayton Dental
LTD
Eagan LTD
Life
Ely Dental
LTD
Forest Lake Township Ufe
STD
Grand Rapids Life
Hamburg Health
Hibbing Public Utilities Life
Dental
Hopkins LTD
Dental
Kasson Health
Ufe
STD .
Vol L TO
Flex Plan
. Lake Elmo Dental
Health
Life
LTD
STD
Mantorville Health
Moose Lake "Vater & Ught Health
Mound Dental
LTD
New Hope Dental
Health
Life
LTD
STO
North Branch Life
LTD
Flex Plan
Northfield LTD
Oak Park Heights Life
LTD
Perham Dental
Life
Flex Plan
. Princeton Dental
Health
Life
Flex Plan
Prior Lake LTO
Life
Ramsey vol FD Accident
Rice and Steele Co 911 Health
Life
LTO
Flex Plan
Shoreview LTD
Dental
St. James LTD
West Metro Fire District Dental
'vVillmar LTO
VVyoming LTO
STO
Life
* Additional city/county references available upon request
.
F~OM: CITY OF NEWHOPE
FHX NO.: 6125315136
02-08-22 e~:27? ?02
5 :2-531-5iOO
Cir! !-:2'1 F~:
Pelice ,=2.'<;
City r.'2J
Paiice:
4.~07 X/lOr. ':':,e!7ue North
New Hope, Mmnesor= 55428-4898
VI'U~-.J. ci. !jE~.y- :'jC,C~. JT:n. us
6:2.531-5170
P::b;ic vVorkS' 6:2-533-4823
roG.' 8:2.531-5709
P:_lCi.'C ~'Vcr:-,:E ,=;;x:
February 8, 2000
Re: p.,. T. Group Refe;ence Lette'
To VVhom It May Concern:
The City of New Hope has worked with A.T Grcup fer almost 1 Q years,
Throughout our relationship with AT Group we have always be::::i provided with
outstanding service. They regularly meet with owr insurance c:::mmittee to revie'N cur
current products, renewals, market and procedural changes, and possible plan
recommendations for the future.
As a city we have greatly cenefited from their knowledge of state statutes that aq:ly to
~uclic groups. As well as knowledgeable they have alw;;ys been willing to assist us and
guide us through problem areas, whether or not they are directly related to cur
insurance lines.
,A..T. Group has shewn their loyalty to the city during a variety of insurance moves. t ney
heve alw2Ys reviewed with us ail the options that are Civailable in the marketplace with
the best interest of the city in mind. When asked, they even assisted us in develccinc a
ne'N product to help facilit'ate the city's transition from vacation and sick leave to ' -
personal leave.
In summary. we h2ve been very happy with the high quality of ser-Jice and prodl'~s we
have come to expect from AT. Group.
Sincerely,
,.j, t :.\ i , I r;; ,I/O; 'fl....'; )
/,-/~,-, ~"--r "/'-' ~__A_ ~
Sr:errj A. Draper
Director of Administration
n ~(I ('. -
Family Styled City ~~'{j::'~ ~{o. For F3mil'l Li'lir:g
l/![,\, ~,'",\'" '
t;-':;-=~."-=''::::
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6:2.52 .;.!
€:2.E23-755C
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r.., ern OF v .
~~ fV\SSON
40 1 F:FTH S"iF.E:7
KAssc.'1, MINNNESOTA 5c944-Z
FHcNE: {507} 634-7C
FAX: (507) 634-47
Feomary 7, 2000
Linda Rappe
Payroll Specialist
City of Kasson
401 5th St SE
Kasson,!\fN 559L4
To \\Thom It May Concern:
Re: Letter of Refere:J.ce for Bill Singer
.
Bill Singer became our agent of record for our medical insurance in June of 1998. \Ve
have been extremely pleased with the level of service he brings. Since June of 1998, [",1:-.
Singer has been instrumental in our starting a Long Term Disability program, Flexible
Be.:1ef'its program and our joining the Southeast Service Cooperative. Mr. Singer found a
company for short term disability, AD&D and life insurance with better benefits than \ve
had previously for half the cost.
To say the least Mr. Singer has saved this City over a thousand dollars of city sponsored
benefits a..'1d increased the employees options for coverages.
Mr. Sin2:er has ahvavs been more than willing to come to our Citv Offices and exnlain to
-., ..... J ..
the employees in person the benefits the City offers. NIr. Singer has also come to City
Council meetings and special meetings of the benefits committee to help us explain any
of the programs we have proposed.
\Ve are very happy with Mr. Singers' representation, knowledge and willingness to help!
Sincerely,
4;'da.. ;('<V'.N-z
Linda Rappe
City of Kasson
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* KASSON" A J\I\INNESOTA STAR Cllr *
AN E::UAL OPPCRTU~I,( E,'APea,;:;:;
BENEFITS
DESCRIPTION
Dental Insurance
b C:-.OoSirll!: J!e~Ljfe de~tal insu......~ce. you are prO\iding your diems ..ith coverage :::Jffi one oI the le:J.ui;:g'
demal car:ie~ in me [ruted States. [nder::::anding and se!".icing the needs of your cUenrs is the basis of-
our succe~s.
E::;;erienC3 C.:Junts:
-)> One oIche ~es;; dentaJ c:uT.e~ in the [:tited States with o\'er 35 years of de!',::l.l experience.
_"} One of the larges;; commercial detual prefer:ed pro\ider org2J'.izations in the [riled States'
..) Over 10.5 million people covered and 12.5 million c!aL'1ls paid totalling :31.2S8 billion'
7 :;e~sor.k direc::or:es a\9aiiabie !}\-e!" :he L"':(e::-4e~ (hrtp:'/\\\v"..medife4camide!1.r~I:;
Ser,ic:ng Ycur C:ients:
_) Personal Sa\iIlgs _ Your c:ie~ts can 5;::;10 money when using a panicipating d,,!'.ti3t. because they reo
ce!';e se!".ices at a negoriated cost. In addirion, participating dentists ge~erally accept reduced fees (up [0
:30%) for seI',ices not covered by the c:.ie!'.r"s g:oup dental plan. Twnslation: lower out-,)f-pock:;: 2::\:;e:".se,,'
.> Access _ Over 35% of all pr:lctic:"'1g LS. detuists par.:icipate in J!e:Life's prefer:ed ner-,vor;,..""
~ Ser-iice _ Claims processing exceeds industl7 norms ..ith pe~onalized direc:cries mailed ',\ithin 2~
hours and available over the Imeme~ at hrrp:!/wwW.metliie.cmn/dentaI.
~ Sarisiaction _ 90% of sur;eyea parddpa..ms indicate they would recommend the ;,!erLife PDP
and 94% would recommend their PDP dentist to a friend.;
C~;nsuranc:3
......40...__...................................................-....0...__.._n___........_......_.......___...__.........___.................n.................
EASiC
~ Offe:s coinsurance for preventive and basic 5cI".ices
................--....................----...........---.................--...........--..................................---..--......--....--.................-
7RA4'-1SjTjOH
00:) Offe~ coinsura.!1ce for preventive and basic; and phases in
major sCI",ices
..................---..............--nu.--n....--....---.--.-n............._u__......................__n..__n________................................-...-
T;;;.];17;CHt.L
_> Offe:s coinsurar;ce for prevemive: basic ~d :najor 5eI".lces
........n..............................................................n...............................................n......................... ..n................. ... ....... .
Annual Maximum
~ 51:000
~ 51:500
./} 52,000
. 51,500/5LOOO'
v 52,000/51:500.
Dec:!uctibles'
~ 50/525'
-<) 50/550'
~ 525/550.
~ 550/575'
525
550
........... .... ......... ..... n...................................... ...n...................... ..... .nn......... ..n......... .n........................ ..................... -.. -
Orthoc:!cntia Opticns
"> ~o Co\-erage
.> 51:000
~) ,51:51)0
-<) 52,000
.... n...... ..... ...... ..............................n........ ........ ..n.... ......... ..n.... ...n........._........... ....... ......... ..-...................................... .
Reimbursements
Eased On:
.) ~e!:'work Plan - Reasonable and customar-: char:!'.:s
o jlAC Plan - PDP schedule of ma'illnum p~::ment~
....................................
Coverage Opticns
o
-)
; Emp{o~~e E""p.Jil ?!an lIa-ie'.c, ~,lay l~~~..'.s nj lY.:L~;. ~a.:;ed on pr~rrj~:n ';oiu:ne JIld ~u:nce~ oj ~::,,;;:r.y~"S c:...~~"<i.
:. Ea.sed on covp.:~d !ives
:3 Inc::.:ces insured.1I1d .1.S0 c~J.:::-.:i p:lid.
.; Dental Economics, .vI 1/l7.
5 IJ~6 PD? Satisi:u:don Sur.-~y ~esuits.
6 Subject to uncerwritin~ rest::c:ions.
i T!1e ja:nily deduc::ble is three times the ir.di..~c~ai
deductible (lWe-',:lle),
'll 1:1. ~ er;\'orriO ut-jf. :;e~"f)rk.
o ?rice Sensich" E:nployP.r's Choice -
le:lSt expensr.-e premium option in this c::.te~cr:'.
BENEFITS
DESCRIPTION
D i 1
I Q - -- ~1
~ v rL L("J.I
InSllrance
.~/ .=..~f=!':'9-= = ~;j:;.sr :=,-=;::Ej7;
Our nariom'Olce "erwork has more than -!I).OOO parric:pating
de~tists. inc:uciiIlg s...!OO spedalisrs.
/
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.=S?:J.:r:ai ~2./ir:~s
?J..::icipa[:r.~ ':e~lists accepr fees ~ha[ are ryplc:J.Ily IS::; co :~O%
bo:iow the J.',e::H!," charz~s for rhe~'"tJl1:!'aDhic area. so empioyees'
'Jut-oI-poc:,,,, C8;;:S are g~ne,.J]y lo;ve;' fu addition, participating
dentists gene=-:illy eTIend :':IedJfe's lower. negotiared fees to
P D P enrollees for s€""ices nor covered unde: the plan.
~/ F:~eCC;-:7 c; C;~cic::
_-\11 oI our plans allow employees ro selecr any demist (in-nerwork
Or out-of-ner-;,-ork) at the time of tre:mnem; it is not necessary to
choose a par.:iciparing demiSi: at enrollrnem. Plus, we don't require
ref:::rals from a ge!'leral demist to see a specialist.
-y/' ~.2sy AC=..;$~ :~ .=Er:;~::=at;j"':~ Dentists
E:nployees ;~~";e ;1ccess to c~i:omized P:eferred Dentist direc~or::
ir~'or:nation :hat is mailed :lle ne~,:t busL'less day. To obtain a list of
pa:::ic:pating de~risrs call us roll-free at 1..S00--ri-!-7371. or contact
us on.!ine a, ~rrp:!r.\iww,metlife.comlde!!tal. Demists ;me:ested in
joi..'"'ing our ::e,-;...ork should call I-SOO-:'IETDE..\T.
..,/ C~i7tir:ujfy of C~'le!"a,=e
To prevem Ios:; or gain oI co\-e:a.ge whe!'l transferring iJlsur<l!lce
car-iers, we g:..-e credit for se!".ice requirement:; and deductibles that
we:e fully or par.:iaily met under a prior carrier's plan. However, plan
maXiITlUmS fuily or partially satisfied under a prior carrier's plan .,.,ill
be deducted ::.:Jm our plan's ma..'illnum be!'lefit.
y'/ C.'ci171S A.=r:--:ir:is:?:Ezicn
01;r stare-')I.,he-ar.: cbims system autOmarically ident;:;es pro-
cedures and clai..rn.s that require professional re'.iew and refers them
to our on-site professional demal consultants, Based on the re.,ie'N
of rhe claim and radiographs, the dental consuitant considers
w;:e,he: ber,et:ts are payable and may suggest a benefit pa::lllent
for cast-errecti';e altemaci\-es [hat meet the generally accep[abie
star:dard of cre:lt:ne:lt by the dema! communir/.
all C-=:-:-::='2::?!' ./-j:c:: .:;2~:=::::sa SYS;2r:':
\I"e offer pro\-:c:e:-s telephone access to dema] henefit plan informa-
tion and to .;;::-~~; ~li:sibiIi:::;~ eIimin:.uing !he need for idem:ii":c:J.tion
cards and vouc::ers. Idemil:cation cards are stiil pro\ided when
requested.
/ '=..O....;::;).;.~,.-:--;:r
. .. "----_. ...,J.c..._[1
. _ u.
c: .=.~!:e!l:s
F'Jr major dental sef'.ices, we offer employees the option lJi finding
out in advance ,;;e dental benefits that '.~ill be paid Iln a c:aim,
~./ !...;s: :2iJ'1it~:;; S..-?"';:C2S
The employe:- :::~2~~;es ;lli1lJr:rhiy premium st:ltemt~nt whic:1 ::d'.IJ\VS
the amount or" ;;r,:rnium due and pro\ides a list of insllr':': cmplllY"t:S
:.l:ld premiur:~ by c')~.;e:-:.l~e.
.
in order to pro~ide the best fitting plan for your clients, we offer two
c:J\-e:a.g~ options - comprehe:1.Siye and primar! cQ\'e:age.:
C.:;.-r:pr~he!:siYe C~'Je!'ase
Covered denrai expenses fail imo one of the follo\\ing categories for
comprene!lSi,e coverage:'
Ciagnostic .& Preventive SeT'Jic2s - Type A Expenses
0} Oral e:,.aminations bm not more than one e:'..J.r:1 eve!"! 6 months.
-; Fuil mourh x-r.lYs but not more than once e'.-er:: '5 years.
'Y Bite..\ing x-roll'S but :lOt more than once e';ery 6 momhs.
.> Cleaning a..'1d scaling of teeth - oral prophyia..x:.s - but not more
rhan on_c~_e~er,,/6 _momhs.________ __
4 Topic:ll fluoride treat:nem once per c:J1e~dar :-ear for dependent
c:ilid!~!'l_~d~~~ge_19. _ ______ __
..:) Space maintainers for dependents under age 19.
- ___ __. __ ._u _.____..__..__ _
y Sealants cove:ed for molars oniy, once per tooth up to age 1-4.
Basic Ser,ic:;s - 7'Jpe S Expenses
-> Endodontics - root c<l!lal.
.~ Fillings - a..'l1alga:::. silicate, ac;:-lic, symhetic porcelain or
comp?site fillin_gs.
~> 2a;rac~ions, except ,;;ose for orrhodomics.
.) Orai 5u~;r::~xcept-;;rGced~es co~:~~ed th';de~ any medical pian.
-~ ~~<:!;;~r:"ation ~f gene:al anesthe;i;'-~vh~!'l- Tr1~d.ic~ily ne~~ssar:; i.
. co~~.:.t~~~~horal 5~ger::. . ~ _ _ _ _ _ .
~ Emer'6ency palliative treatmem.
.} Periodontics.
_.-._------- ------~--_.
<>- .-ill ~epairs-o~d~;tu.res, cro\',l1s, inlays, onlays and bridgework.
- _________.._ _.u
.} Injections of antibiotic drJg5.
Major Ser,ic:;s - Type C Expenses
~> Those senices needed to replace one or more natural teerh lost
while demal expe!1Se benefits are in effect for:
- Installation oi fLxed bridgework for the firsr t~'TIe.
Installation of a parria! or full removable denrure for the first time.
- Replac:ng an existing removable demure or fixed brldge','iork if it
is needed because of the loss of one or more natural teerh after
denture or bridgework was installed, or because the demure or
bridgework can :10 lon:,;er be used and was installed at least 10
ye:lrS prior to its replacemem.
Re~i:lcin:! an e:cst::12 immediate temoorar: full ae:Hure by a ne','"
pe~ane;t tuB denm;e c.'hen the existing d~nw:e c:mnot be made
pf~r:nanen[, and [::e permanem denture is installed ;~ithin 12 mom::s
aiter [he existing ce!'lture 'SJS installed.
Adding teeth to an existing par:ial removable Ce!lture or [0 br;dg,"-
work '.Iihe!'l needed to repiace one or more !'l3mra! teeth removed
aiter ,he existing denwre or bridgework was installed.
,) Inlays or oniays.
.) Crowns.
.
I Our ;j(Jr:li~:d ~O\.fI~~l! b,.'r.e::~ ;s ;m J Sew Ho:e h:l$is. 0;1 ~~~ ::l:::i.s. ~e:ll.1i CG\.~:~:;~ ....i:~
~,t~{Lf~ rr.:.:.)t ;':1\"e Jt!~:l :n r:'~~e'.:~ '.\'i':e~ ~b~ ;'1~r:.:r:.lI rec!.n we:c :r~"l: :0 ~~ .1 t:~\"f~:'!d e;q::~r,-<;e.
2 The Re:J.$flruoIe & C.lS(i)m.1::: :eH~i :"or Ct;mpr~r:I~n.si"e c.Jn~r:.::~ :.s ~te 'j(Jth perc!!ntile. F,}r
the ~~rwodc P!:m :~e R&C l~';e: 0r:i:; :Jppiil'S :0 Out"l[.:\e:-.\",}::.; :~~-=!::.). fr)r :::1:' ,\l\C ?!~:1
t~~ n~C ;cyel ::e'lt:: :lppiks.
.=..:~-:-:ary C~'l:;."~,=e
P::"':1ar:; co\"erag~ is equivale~t :0 comprehensive cQ\.e!':lge. except whe:e
ir.ciic:lted below" P::ma::; co\"e!':lge was desi~ed for the pr:ce sensitive
.",:0' "~r P-~"""'., ;n....." :i!"e rea"ucc..; ....'t~ c.,c;:.......-uz.....;na ~he ~~;~pre...; !te"',':=: Iic;:~-
:'" . ~.... .. _....1............._ _..... ....... oj." ..._Ol..V.lI. .....1.: ..&. _l"....__.. a.. ........ ~
below"
P'an ~v;s;on
o j>rirrgry c..,venge
C~m;:renen.:sive (;.jveraqe
:Ze-::..::or:3.cie &: C:':~:J:7:.;J.::: le':e:: so~ ~e!'ce~r.le
9(;:.;1 ?e~e~tile
..lil :~;:airs on de:::--.:.:-e5. :.L:.Jor se:-.-:ce
Basic se~.ice
C:J"\"TIS. L........iays. ur.i:lYs
a::d br:c:reWofk
- .. "
.::.::Ci;G.ont:cs
~lblor se:-::ce
B;J.<;;c ie,,~ce
?~!":cdonrics
:lr;,l~Or :e:-'-~ce
Ba:::ic 5c:-:;ce
- . .
:;'c:~~;J.ce::4e!1( GI C:T.\-:-"...5.
:"~:lYs .Lid :)nl;.;.:;s ~':e:-:;:
l!J Y-=~rs
5 ';e:l.;.""'S
S:::l:a.z:r cove!":lge
P:e';e!l(;-;e se!'.ice
Exc::.:ded
Initial Rate Guarantee
-> For Easic and Traciitional C,,;nsur:anc2 F!ans:
I:1.iLial ra~e ~~3.:-a:rcees are one :--e::J' from tbe errectitie date of
co.'.:e!"3.ge.
.~ Fer Transiticn C;;jnsurar.c~ F!ans:
I::itiai r~~e ~~:l::lntee5 va::: based on the size of ~he group.
For g!'oups ..\'"lrh:
. Less than 50 employees - Rare guarantees for the frrst and
second yea..-s of cQ,-era:;e from me effec:ive date of coverage.
..,-.' ..". - - d . "0
~ ::.at lS~ r:lres 5.~O'.'IrTl tor Dccn L.'1e n...-st :L1.Q secnn year 01 co'.rer::l~...
are guarameea.
. ..\t 1e:JSt 50 employees - One ye:lr !':lte g'lar-.Jl1tee from the
effective date of coverage. Rates snO\\l1 for the second year are
noe gua!':lmeed. Actual second year !':lees ",ill be based on the
rates sho'.m, subject co expe::e::ce rat:'''!:;. E::pene::ce rating ",ill
be pe::'or:7'.ed based on the group '5 experie~ce in irs first year of
cc',-erage.
Rate Guarantee Provisior.s
)--21 r~He guarantees :J.re subjec: to the foi!o\\-L,g pro'visions:
'> The pla~ of be::ef:ts and eIigibilir:; re:nains unchanged:
> T:,e:e are no acditions or de!erion5 Ilf s\:osidiaries or afliiiates: and
'J TDe ce~sus. -;oi:..:me or geog::phic distribution does not change by
2:j7~ or more.
Final Rates ',';iI! be b;~ed un ;lc::..:al e~rr)iI:ne::t and contr:bution
le\.eLs.
y/ ~=.t:!~ Cr:.:";C-:i;r::.:;1
\\r.en se!ec~ed~ or:::-iGcor.tia co;.e=-:.ge is i.r:c!uded for dept!ndcnt
chi!dre~ up to ;.;:;':: I:)" Gr:Jl':ps .,vita ,~11 or more lives J:1d child
orthodontia c:J';~r:l:;'~ m:lY chcose to add adult orthodontia JS we!1.
Adult-only rJrthcdGntia cQt'i!r'ltJ~ is not fl1."aiirzhle.
'411I...':'': ::'cc ~ :;.:; /;.; ;,-:5 ::r?:.r: c:?
.1e:1 5e~ec:ed. f)r::;C(:nra:o. ::=Gi::S1r:l::ce ~s ;Jfo\ided at .=]0:':;. ...\.5 an
opr:ion. coi:;.sur:l::c~ ::1~:; be pr:)\~lied JL ~n~~ inste:ld.
l ?'Jr :~e \I'~"'''r)r:..: ?!:.z:: ._:.~ ::::~c >~'.l': ;;:~.; :!.:~,j:l':S :.1 .):":~-'li-;:I'~"\"'r:.; ::t'~l'!;t5.
F'~r :~.~ ."1.....C ?!:.!.:: :.~.: ;-:"~"= :e'.e: ::..'....: ~;~;~('~_
o P':-:cc S~~:'liti..-~ E;:1;:;:tJ~'(':'s C:'tlicl: - \':1...-:~ '.:':":-;:~:1::;."~ ~i~~:Ui.l "peon:n th:$ r::'~~~!Jr::.
y/ ::ec:.:c:::;;ie C..rr"fc'.Ier
E:lch c:J.Se. :l:i standard. has no deductible C:J.rr:;o,-~r. ..1. four.:h quar:er
dedllc:ibie C:llTjover ;nay be elected :J.S a suppie:::e~t:lr:'- opt:on.
-;/ ~~:.:C=!':t ~=.;
Slch c::.::~.:l:i s.;mda:d. h:l:i depe:ldenr childre:: c:J\-e:ed wage 19, or
to age ~5 i a fuil.time smdem" E:nploye:s ha,.e ct.e opt:on of redllc~g
tl1e 5i:Jde~t co\"e!"J.ge from age 25 to age 2:3_ In [La..~. all de~e~de~!:
e:-jirire:: :nust be co,"ered to age 26, regardless of "mde::t s~a['.ls"
.;'/ ~=~:.;c:;::!a ~Yai'"J~d C;1 '"f.='2 ~ E::;;;:;;:S25
..l..s sLanc::.:d. th.e deductibie is waived on dio.gyi05~:C and preve~[i';p. ~e~-
vices for g:oups \'.ith :najor e~:per'.ses covered. f.jr g:aups u:ithr)71t
:najor e.~e:-'~es CDve:ed. the deduc~ibie t,\iIl ah'i:lYs appiy to Type ..1"
5e:-.ices. Two ache: options are 3,\-ailabie for g:0UpS ~~th major cove!:"-
age to redr:ce premium COSL3:
1. Dedllc~ble is .,\"ai-;ed on Type A e:\:pe~ses in.,;.::-.vor:.: out deillctibie
applies to Type A q:::penses out-ofnetu.ork.
2. Deduc:ibie applies to Type ..\. expenses both ir.- and our.of.ne!:wor~.
Full-time Employees
Jlust be an ac:i\-e full-time empioyee who works ;:he 5L:l..'1dard
m:'Inbe: of hours per we:k to be eligible for covera~e.
r1r]1]!:~{k~mrrf1~::.~:~:~:~iA
C.:mtrii;utory Plans
The employ~:'s contribution mllst equal at le:.!.St 25~ of .he e:npioyees'
pre:nium. Depende~t co,-erage may be "'Titte~ ...itll no e:nployer
contributor.:;. At le:J.St 65~ of all eligible e:nployees mus;: participate,
..\.t le:J.St i5~ of eligible depende::t units that are not waiving cQ,-e:age
due to coverage elsewhere must be covered. In addition, at leas;: 30?6
of ail eligibie de?e~denr units must be covered.
Hor.-C.:ntributorJ Flans
The employer pays 100% of the e:nployee (or depe::ce:lt) pre:nil.::n,
and 311 eligible employees (or depe:ldenrs) must be cove:ed.
r Coordination of Eenefits
Our plans contain :l coordination of benerirs clause that redl.:ces
be:le1its received from other group, employe: or go\'e::t:nenr spon.
sored plans. The be~.:ms unde: a JletLife gI'oup dental pJa~ and
any othe: pian PrQ\iding benefHs for co\'ered de:;:al se,.ices ca~n()c
exceed 100% of the allllwable char~e.
,( Late E:ltrants
Pe:son5 :\'no request co\'e:age more than ;31 da:;; afte: their ori~i!u!
e!i~ibiJi:y date, or who were not covered under t::e prior pian for
which they we~e eH~ibre, a:e !ate e:1tr:lni:.3. The~~ ca':~:tlge fer pre.
';e~ti\'~ se,.ices (T:;pe ..\.) '"iil b~ a';aiiabie imm::.:i:He!:;: howe';e:,
other se,.lces ',\ill be deferred until cove:a:;e h:l.S bee~ i~ effect for
tr.e periods of time that follow (subject to state :estric:ions):
B:.lSic 2estor:.ltive P:Gcetiu:es (FiEings)
G :;:omr.s
Basic ?:-ocedures (All orr:e:-s)
1:2 :nonc::s
- ~II:ljQr S~:-,.iees
~~ :nonr:;s
- Or:he.:r;mia Ser;ices (Ii c.)\'ered)
Z~ :non:~5
X Limitations on Prior C.:Jverage
The fonowing guidelL'les will appiy to all new business quores and ,0
renewals and requesrs to a.'11end coverage.'
C~ve'age Limitations
':'Qpiy to GI"CUDS with:
. So prior de!1r.J..i
CQve:"3.ge
Avaiuble
t;.Jin.suranca
P!~ns
AnibDJ.
AnnIQI K;;Jzimum
Cpt/eM
Available
Onhodcntia
Options
Basic
T::t.~i!ion
.5i.DOO
:-i"or
aYaila~ i e
. ?::or de!1r.1l ca....e!':l~e.
bur no prior co\.er:J.~e
:"or major se:-.ices
Basic
In-:le~orx:
. 51.000 ~ ore5e~:
ma:Clnum :S ~ .5l.0CO
. [p Ie .)I.~IJO if
pre~e!lt ma.'U...71um :s
more ma.'1 .) 1.000
Soc
a,;ailabie
~~~lr:on
. ?:-:or de:-u=ll cove!':l2:e.
lncludbg major, bu!
excludbg ar..1odonria
. ?tior de!lral coverage.
:ncludbg major and
or.:hodomia
E3.$lC
Tndirior.ai
.'.l1 apcior.s'
. -,1.01:1)
. 31.5~jO
Baslc
TndicloIl;il
.-U.! opciorL5;
.'JI apGaIls.
X Generally Ac::~pted Dental Stanc:!ares
~letLife determines benent oa\mems for demal exnenses under a
~Ie~Life group dental plan. Be~eflts wIll be pa::abl~ for a recommend-
ed dental ser-,ice only if it is classified as "necessarj, ~ under generally
ac':epted dental standards.
('The following expenses are not c:Jvered dental expenses)
X Ser.licas or supplies...
related to teeth lost before dental beneiits began;
------ -
----- ~ --- --- - -- --- ---- ------------ -----
received by a covered person before t.i-te de!ltal expe!'.se be!!ents
Si:art for that person:
which are covered by a.'lY worker's cOffipe!lSa.ion lan'S or occupa-
rional disease laws;
-...--..--.-----..-----....--.-- --.---- .- --------
_ \~~~:~_~~ cover:_d by any employer's I~~ilir:i la~!____ ..
- which an employer is required by law to furnish in whole or in part;
---_._-.'4
- re;~iy~d-[!U:~~gh th;-~~di~alli~par::;ent ~~sL';ilar fadit'j which
isrn-':'~~~~z:~~~y.t~~_~over~~ ~~:::n's ~~~~::'-;_ _ _ _____
received by a covered person for which no charge would ha'/e
been made L, the absence or" dentJ.1 expense benen,s for that
covered person;
for which a covered person is not required to pai~
which are nor necessar:;,~c-cordi~g t~g~~~;lly accepted dentJ.I
s,andards, or which are not recommended or appro~.ed by a dentist;
which do nor meet generally accepted denral standards, including
experimental tre:ltment:
received as a result or" denral disease. defec~. or injur; due to an
act of war, or warlike act in time of p~:J.ce, wi-jch OCC:.lrs .,vhile the
dental expense benefits for the covered person are in effect:
which are pro\ided by any orher plan which the employer
(or an affili:l.~e) conrribmes to or spor.sors.
1 Reque..st.s to amend the pi:J.n :0 ine:e~e coyer.l;e IL":li:.s ",,"iU not be cOl1:i:d~!'ed unless
., the present cover:lge has bCC':1 in for~e !cr at !e:J.$t t','..e:\'e monc:.s.
- ~1J.y not be more th;m .5.S00 3co';e c::e a~.:'lUJl ma.xin-turn :1..'1der their C:.1r:C:lt cO"'J!:-J~e
(m3Y r!e\.er exceed .52.C00).
.ll&~rrc:,;:i:c:~ Ua ~:m:n:r.(~ Cc:;::::::'(. C;:e ,1.k::;~;::1 ~'-e~!,;~, 'k.'v' 'fc;i:. ,If( iC'J1G-36::Q
J 2CG02C62 5 6 iC~ '!9}
~;;:.117?!r=x:c~cG:.n:c ..'J
:~-;" .. f"'"'...' ,',. _',,-~..' <,.;;-..--.
;.,-
X
Ser'.ices not performed by a dentist e..'{cept ror ,hose of a Ece,.sed
denral hygienist which are supervised and billed by a demisi: and
which are for cleaning and sc:iling oi teem or :iuor-de treatmenrs.
~ - .-- -
..,
r
Cosmetic surgery or supplies. Howe\-er, any such surgery or suppiy
v.iil be covered if it otherwIse is a covered dental expe!'.se: it is .
required z'or re-coIlSLnIcth-e surge::; that is inciderl,ai to or foilo
surgery Liat results from a trauma, an iniecrion or other cilieJ.Se or"
the Invoived part; or is required for re-COIlSrr-.;ct:-..e surger:- because
of a congenital diseJ.Se or anomaly of a deperlce::r child Lha, has
resuited in a functional defect.
;~ Replacernenr oi a losi:. missing or stole!! crov.'11. bridge or derlmre.
/' Repair or repiacement of an orthodontic appiI:L-:ce,
;( AdjusLilie!!.t of a de:tr.z.re or a bririge'.vork .shic:: :.s ~~ce ~.\i!;i...'1 six
months a...:re!' it is ir~~ailed by the same dent~~ ~-:-to installed ii:.
;~ Any duplicate applia.-:ce or pros,he~ic de'.ice.
X l"se or" :n:ue:ials to prevenr decay other :han il:':'Jr:des,
X lnstruct:on for oral C:lre such as hygiene or diee.
X Periodontal splinting.
X ~Iyofuncrional therapy or correction o{harm..rul :-.2.bits.
X Implantolo~.
X Charges by a dentist for comple~ing derltal fOr::L5.
X Charges ~'or broken appointments.
X Treacmem of temporomandibular joint disorders.
Coverage is provided through employer parricipat:on i11 a multipie .
emcloyer trJSt GoIET), subjec~ to the terms a.'ld pro\1sior.s in the
~I~ter Group PoliC'J (Form G.2130-S) sitused in t~e Dis::rict of Coiumbia,
\\ith certificates of insur:mce (Form G.23000) issued w eac!1 insured
ernpioyee. In any state validly exercising e:matertitorial jurisdic:i.on,
the plan will be modified to mee~ applicable la\\:;.
C-,verage terminates:
X \Vhen ,he employee's full-time employmer.:: ceJ.Ocs:
X When the employee's contributions ce:lSe (if such conrributior..s
are required);
X [pon termination of :he partIciparing employer a~eement by ,he
employer, i\ith prior "'Titten norIce to ~le~Life:
X When the employer's required concributior.s ceJ.Se:
X All bene!lts on account or a dependent ;,iil erld on the date ,:Cat
de~endem ceases to be a dependent; or
X If the group insurance pian is discontinued by ~.!e,L:fe for ,non-
payment or" premium or if par.:icipa.ion require:::e:its or mInirr:um
lives covered requirements are not mer.
Note:
Your :.letLife Small Busir.ess Center represent::.r:-;;: can a~S""";:r a;-,:;
fjuestions about costs and details of cover:lge. .~ xII r:esc::;:rion of the
benefits will be pro\ided in the cercir1cate.
.
.
.
.
MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Proposed amendments to City Charter
DA: February I L 2000
Discussion:
I am attaching a copy of the letter that I previously sent to the Charter Commission
regarding the proposed charter amendments. The letter expresses all of the concerns that I
have with the proposed amendments. I would also like to offer the following comments
and recommendations.
First of all, I would like to remind the Council and the Charter Commission that "a
charter is based on the modem drafting principles that a charter should deal only \vith
fundamentals, leaving to the council, by ordinance, the authority to provide more detailed
regulations as they are needed" (from the League of Minnesota discussion on Model
Charters). Second, a good and workable charter should be brief, concise and not overly
detailed. In the past, and before the evolution of state and federal laws, detailed charter
provisions were needed to guide and control councils and to grant councils the authority
and powers they needed to adequately govern the municipality. However, today there
exists a full set of state and federal law that grant cities their authority, powers,
responsibilities, etc. The laws also "govern" the governing body. Therefore, it is not
necessary to include in a local charter provisions that are already included in state and
federal law. The Commission that was in existence during the mid '80's recognized this
principle and that is why they rewrote the charter and eliminated about 80-90 pages of
outdated and unnecessary text.
An example of unnecessary language is the proposed articles 5.012 and 5.013. Article
5.012 establishes budget/finance responsibilities and also includes language regarding the
salaries for the Mayor and Council. However, article 3.04 of the current charter already
deals with salaries for the Mayor and Council and article X already deals with taxation
and finances. Further, 1v'lN Statutes (Chapter 471) requires the City of Stillwater to
prepare and adopt budgets and audited financial statements. The law also requires that
public hearings be held on the budget before their adoption and the city is also required to
publish the budget and financial reports in the official newspaper. Therefore, the
proposed article 5.012 is redundant and unnecessary.
This \vould also apply to the proposed article 5.013. Again, MN Statutes (Chapter 473)
requires that "every local governmental unit shall have prepared a comprehensive
plan.....". Therefore, proposed article 5.013 is also redundant and unnecessary. Further,
it should be left to the Council, as the elected governing body, to determine how the plan
should be prepared and who should prepare it.
Again, my primary concern is that the Council needs to have t1exibility in determining
the organizational structure of city government and the means to carry out its duties and
responsibilities and that the charter does not need to contain requirements that are already
included and adequately addressed in state or federal law. As previously discussed, it
\vould be better to have the charter deal only with fundamentals, "leaving to the council
by ordinance, the authority to provide more detailed regulations as they are needed". An
example would be the attached ordinances from the cities of Oakdale and Woodbury that
were used by these 1\vo cities to establish the duties, responsibilities and authority of their
City Administrators. I would strongly recommend that the Stillwater City Council be
entrusted to do the same.
I can discuss these issues with you further at the workshop with the Charter Commission.
Recommendation:
Council consider recommendations regarding proposed amendments to the City Charter.
~/:!/ ~
.
.
.
.
ORDC\.-\.:\CE :\0.
A.:\ ORDI:\.-\:\CE A.\IE:\DI:\G THE CHARTER
Of TEE CITY OF STILL \VA TER
Tr.J::: CITY COl0iCIL OF THE CITY OF STIlL\V.';'TER DOES ORDA_I~:
~1-. ,-" '. .' C' C' 'f: ,- 1\ '10 ~"1 , . .
1 lie IC llC',Vm.g C:12,nges are maee to t1"1e ny nane:- purs~2.m to iVUnn. ~ cat. S"'i- .~~, ~ uce. /:
...l~R..TICLE y'. ENACTp.;G. Chane:- Se~ion 5.0 Ii "Powers and Duties of Ccuncil",
S.::c:icn 5.012 "Budae~ and Finance ResDonsibililies of the Cound", and 5.::c:ion 5.01:3
"Plannina ResiJonsibiii"ties of the Council" are added to hereafter reae as foilows:
"5.011 Powers and Duties of the Council. The Council shall act as the legislati'.;e
body cf ~he City. The Council may enact ordinances. The Council shall be responsible for the
duties of the City imposed by lav/. The Council shall 'make and be responsible for all policy
decisions. The Council may make investigarions imo the affairs of the Ci-ry, the conduc: of any
deDar.mem or office of the <::itv The Council may Silbooena witnesses and take testimony. The
'" . -' . -' ... .I
Ccuncil shall aDDoint silsoend or remove the Citv Arromev, the Police Chief. the Fire Chief and
the C ity .j,_dmi~istra~or, ~nd upcn the recom~endation - of the Ci::y Ad~inistra!Or appoint,
silspend or remove all other City Officials, Depanmem Heads and Supervisory Employees, No
official or emolovee shall contract debts to bind the Cirv, or make anv imDrovements in the Citv.
... ... -,'" .. - '
unless aUThorized by a majority vote cfthe CounciL
.
5.012 Budget and Finance ResDonsiiJiliries of the Council. The Council snaIl adoDr
~. .
the Citv's annual budge: and caoital bud!2:et. The Council shall be resDonsible for aoorocriation
... -... - ......... ..
and revenue ordinances and for auditing of accounts. The Council determines the salary' of the
j\fayor and the Council.ivlembers.
5.013 Planning Responsibiliries of the CounciL The Council shall designate a city
departmenr or starr memoer to carry out the planning function. The Council shall adopt a
Comprehensive Plan and dete:-mine to what extent zoning and other land use control ordinances
must be consistem with the plan. The Council shall adopt developme:it regulations, to be
specified by ordinance, to implement the plan."
.~ TrCLE \;1.
}\.:.v1E~uE\G. Charte:- Sec~ion 6.01 "Duties of Mavor" IS amended to
hereafte:- read as fo limY's:
.
"6.01 Duties of Mayor. The JYlayor shall see that tr:e [a'Ns of the State, the
provisions of this chane:-, and the ordinances, reso[mions, reg:'.Jlations, byia\vs, and orde:-s of the
Citv are all dulv observ'ed and enforced within the Citv; and shall see that all contracts made with
- - .
the City are f2.ithfully pe:-formed. In addition to serving as the PresiderH of the Council, the
;\lavor is the he2d of the Citv for ceremonial DUfDoses and is reco~:mized as the amoas,ador bv
'"' .... l - .......
the Governor for DUfDoses of military law, The Mavor is the chief legislator and leader of the
... ... ... ... -
policy making team, the Council, and performs a facilitative !eace:-ship role in helping the
C ounei] 2.:,c the si:2.ff perform tercer The \!Jyor s;:a!l be the li2.ison ce:''vee;: the Ccu;:d 2.r1C the
City --\.cminis~rator. The .\fayer shall promote c:Jmmunication among officials and \.v:'.::: '.:he
;:L:oiic 2.nd provide focus and le2dership in the de'le:opme:1t of poiicy The ivfayor snaIl exer,:;se .
-. 'r" ~-:.. . - ,,' . b ." b I ,.' ,.
~t...,.;,-d I.-:t.de:- po\\Oe:-s ana pe~orm .5~C:1 orner aU~Ies as I7iay e pres~rlce~ y a'.v and crClr:2.~ce.
_-\....'<.. TICLE v11.
.~ '/fE~TIf:\.'G Chaner Se:::ion 7 "...l..dminis~rarion of City Affairs" is 2.:T:e~ce;:
to he:-eaITer read as foiIo';"os:
"7.01 The Citv AdministratOr. The Cound shall appoint an Administrator to ce the
ci'lief 2.dministrative office~ of the City, The Adminis~ratOr shall appoint, suspend or re:nove all
City Employees, exce;Jt where other-wise provided by J2.W or the City charter. In exe:-cising the
2.uthorirj granted under this se::tion, the AdministratOr must follow the personnel policy 2.dopred
by the Council and also be bound by any labor agreements to which the City is a p2.r-;::,;. 1 ne
Adminisi:rator shall also re::ommend to the Council the appointment, suspension and remov2.! of
all Department Heads, City Officials and Supervisory Employees, except as cther-"vise provided
by law or this charrer.
The City Administrator sha11 dire::t and supervise the administration of a11 deparrments, offices
or agencies of the Ci!y except where otherwise provided by law or the City CharreL The City
Administrator shall attend all Ci!y Council meetings and take part in discussions. The City
Administrator shaH see that all laws, provisions of the charter and acts of the Council, are
fai!hruIly executed.
The Cii:y Administrator shall prepare and submit the annual budget arId capital program to the
Council. The City Administrator shall also prepare and submit to the Council a five-ye::.r capital
pro~am. At the end of each fiscal year, the City Administrator shall submit to the Council and .
make available to the public a complete report on finances and administrative activi!ies of the
Ci!y.
The City Administrator shall make reports to the Council concerning the operations of City
departments, offices and agencies that are subject to his/her jurisdiction and keep the Council
fully advised as to the condition of the City's financial condition and the future needs of !he City.
The City Administrator shall provide staff support for the Mayor and the Council. The City
Administrator shaH perform such other duties as may be assigned by the Council."
Section 7.01 is reilumbered as 7.02.
Section 7.02 is deleted.
Section 7,03 is deleted.
Section 7.04 is renumbered as 7,03.
Section 7.04 is added to hereafter read as follows:
",.04 The Council shall have the power to cre:lte and discontinue offices, prescribe the
duties perLaining therew. as the needs of the City may require, and establish personnel policies
and procedures." .
. 5<::~::cll - O~ is c<::::::e~
.
.
S2~::C:-: "7 06 is re::ur:-:c'e~e~ as -- J5
Sc;~:iCrl 707 is re~umce:-es as 706
100e
i ...... --" -'
~-\dopled bv the CiIY Council of the City cr- S[iII\;,."2.:c:- this
/
G2.V C,
Jay L Kimble, ~\f2.ycr
Ii --~c;-
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lY..orll vV e~Gon~ 1 e:--K
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.,
C~c:0ce:_ :296 1999
K::.:l:lc~:1 CZ~!'
Chair, Ch2.T:e:- C ouu-::ission
1 ee7 S0UL.~ 1 s, Slree:
Stilhv2.rer, J\G" 55082
De:::.r Karhv:
I have h2.d 2...'1 OpPor7'\.!J.-ury IO re';ie'}i the a.rne:ldme::ns to be Chane:- thar the COIT"illIission
b~ - ., I b ,'.' , 1 TI ~ .
l~ propose::. aIla. lave some conce:7.ls regarmng Ll1e propOScG a.nguag-=. nereIore~ L."'le
'ClL-:)ose of this le'=Le:- is to SL2.Ie the reasons u1at I 2...rn conce:ned abom ul.e chan2:es 2..IIe Ie)
. - -
, , . . . 1'" "" 1 T'
r::a.'-Ce reCOIT".!.1tienC2.tlons 2.S to re-1}iDrmg or e.Imm2.rlllg seme or me a.'1guage. hese
....vould be t:.~e same auesIions/concerns L.1at I would have to present to the Council m: r-"'e
pd: lie he::..r=.u."'l2: t,,"12.t \~'ouId be scheduled for ame:lding the Cbarter.
'-' L' 11 . - 01 Pp . D' ~], C '1" ,. 7" C '
r l:'SL 01 C.l ~ sectIOn). 1~ h, o\....ers ana. unes or me cuneI", re:lClS, In pan: .1 ne ounC:L
shell appoinr, sZlspend or remove the Cily Attorney, the Police Chief, the Fire Chief end
lhe CilY Adminisrrawr and upon the recommendarion oflhe Ciry Administrator, appoinr
suspend or remove all other City Officials, Department Heads and Sl~vervisory
Emp!o;.,;ees ". I undersc2..I1d a.nd 2.gree vvith the exclusion of the City Attorney positioI:.
Howeve:-~ I \vouId quesLion \vhy the Police Chief and Fire Chief posirions should be
b:~rldled di;;ere:1tlv than the other officials. ESDe~iaIly, if the City Administrator is to
~ .1....-
sLl~e:-,;ise all of the de::nlrune:1tal sune:-visory positions. In other words. ....vh2.t is the
r2.~ioD.ale for excluding both of thes~ positions? '
I can unde:-s~and the potemia! for ';politics" affec:ing the Police Chief position giver: the
na~;",:re of law e:llorce:7le:lt 2.Ild the high visibility of the position. Ho\vever, it would
QPpear to r::e th2.t the Fire Chief position is very similar to the other departmental
sLlpe:-,-isory positions and sl10uld be handled in a simibr manner. Funher, as I have st2.~ed
. I 1 , . " 1 '" II . , . .
a~~ ''-~, ce ,le';e me appolTItme:l(~ remova , e~c., 0 r a. ae;Janme:lW.l super-vIsors 2.r:c
otr:Cla!s s::-:'ou!d ce h::r:.dled in the same manner and I \vcuid strongly re~omme:lc tha: ;:he
bIlg~:::.ge in 5.01 I be cl12.nged to state that ';tnc Council shall appoint~ suspe:lc or
remove :.111 CiI'v Officials. DeDartment HC:1ds ~nd Sunervisor; EmDlovees~'.
" .... ..... .....
I .. '.. , ,.' C' C ..
re:J.::ze tn:::: L'11S ma:/ ce sorr:e'.vhat contrary to the re::ornInenaa[!on 01 me ommlss:or:
anc 'Ce:-nacs e''-e:1 COrl;:I:Lr/ to wh~H the Council h;::d a~re~::i to. in conceDt. Howe':e:-. I am
... -'" - . .. .
ccr:ce:-ned 2.cou;: tn.: cr:::.ctica!itv of h::lvin~ incons;stc;1[ re::uireme:Hs for the hirir:!Z. f.:-:n~.
... ~ -- . --
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erc. process. I a1n also c::mce:ned about the messag~ that this conveys to othe:
cC;:2..:.I_t.ue:J.tcl supe:visors acoUI the impor..ance ofthe:r position/job. In othe: words what
dis~"'lguisl:es the Police Chief and Fire Chief positions from the othe: positions?
.
F ~J:.e:, I \;,.ould have to ask the fol1o\'.ing ques-.ions in re~2.rds to the re!ationship tha: the
c.:.ar;:er ame::tdme::trs \vould c:eate:
1. \'\/hat policies and procedures are to be followed by the City Attorney, Police Cl-jef
2..:."'ld Fire Chief (i.e., are tb.ey different than for othe: deparLffie:J.tal supe:visors)? I
assume tb.at t:.~ey \vould be subje~t to the same policies and procedures, erc. Ho\;,-ever,
the language see:ns to sugg~st othe:-wise.
"j \y no \;,i11 sUDe:-'ilse the Police Chief and Fire Chief positions. See se~tion 7.0 1 v;nic~
re2.ds in part: "The City Administr.ltor shall direct and supenrise the
administration of all departments, offices or agencies of the City except where
o tlzer,vise provided by law or the City Charter7'. In other words, are the Police Chief
and Fire Chief excluded from the supervisory responsibility of the Administrator per
section 5.011?
3. Similar to the previous ques--..ions, what are the procedures to be used for discinlir.111 0'
the Police Chief and Fire Chief? In other words, are they the same as for other
e:nployees or \vould the Adminisrrator need approval from Council to suspend, for
e~;e:J. one day, or to merely issue a written repri..mand to the Police Chief or Fire
Chief? Again, t.he language seems to imply othervvise.
4. Is "upon the recommendation of City Administrator" as stated in 5.011 (and 2.gain
ill 7.01) a mandatory feature? In other words, can the Council disre~ard the
re~ommendation or is the Council reauired to follow the recommendation of the Ciry
~-dJJ1ioistrator?
5. \vnat does "liaison" mean? Does the language "The mayor shall be the liaison
between the Council :Ind the Administrator' imply that the Mayor, in some "\Y2.y,
;'manages" the Administrator?
6. \vl1y is 5.013 necessary when our local government is already required to adopt a
comprehensive plan~ or as a matter oflongstanding policy, has developed~ adopted
2..:.'"1d updated/amended the comorehensive pla.T}, including official controls for land
use~ development, etc? For that matter why is section 5.012 ne~essary? There are a
number of Te:lSOnS \vhy the City has performed and \\oi11 need to continue to perroG1
budget arrd finance responsibilities. Further, there is an extensive list of programs~
policies, mandates, etc. that cities are required to perform by la\V and I wonder why
we need to single our one of these requirements and include it in the chaner?
.
I C2.n appreci::lte the interest of the Charter Commission in their effor.:s to create a
\vor::lnvhile 2..:J.d meaIlin!.!ful Charter and I believe the Commission is \vell intentione:::'.
HO\Ve'ier, it seems to m~ that the \vork of past Chaner Commissions in eliminating
unnecessary 2..:1d orren confusing language from the City Charter is no\v being erode::: by
some c f the recem changes, as well as by the changes currently being proposed. For
exa..r71ple, in t:.1e mid-1980's the Commission that was in existence at that time,
srre2...:.--nlined the previous Ch:lrter by eliminating about 100 pages of unnecessary text. The
CUI7enr Ch::.r-,:er is no'.\" acout 20+ pages and I believe the City of Stillwater has f..lrlct:oned
.
.
ve:-:__ ,;veIl \\fiu'! the prese:u language and could continue to do 50 v.1InoUI some of tte
proposed ame:1dme::IS.
In 3..;.,-y e';e:1L it would ce my re~olTlffie:1dalion to e:~liinale proposed se~tions ::.0 I:: 2...:.-:<::
5.013, deleIe sections 7.02 21'ld 7.03, rewor:-c the 12.nguage proposed in se~tion 5.011
related to the appoinLlie::r/re:novai process for depanITIe::lal supe:-,;isors, and e:u~er
eliminate or defme:'cIarify what "chief e:!ecutive officer"" means L'- section 6.01.
Othe:-wise, I be:ie';e that we should leave the Charter 2.5 is an.d leI the ?vfinnesot2. St2.:c2IeS
runner describe what the City Cound C2.Il or C2J1....:i.ot do.
Findly, I would like to assure the Cornrr..ission that my sole purpose in questionir:.g sor::e
~.' . " . ~, " . ,. C' C' T
or L.Qe propose:] cnanges IS to promote a meanmgrui ana uncersta.-:caCie ny r:2.r:er.._
more than anyone else prese:1tly associated with t..lUs city goverr.JT.e::t~ k.l0'vV5 the
problems thm can be created for a Councilor an Adrninisrrator if the la..TJ.!2:lill!2:e in t.:.':e
Chaner is not clear or interferes \'vim the abiliry of the governing bodv t; efficie::rh"
- -
ma..TJ.a!2:e the ocerations of me city izove::nment. In that re2:ard. I believe mar ir \vould be i~
the be-;'t imer;st of all concerned t; revisir the proposed ;hanges at a Commission .-
meeting rather than having these issues presented at a public he~ng. I stand ready to
meet \virh the Commission to discuss the issues that I have raised.
Th2-J."1....lc YOU in advance for vour conside:<ltion of mv recoulmendations.
_ J -
~ ~ -, 0._::. 1 .
. ~l~C'-.,-.:~ 'u J/ ~ .
~c/~ cI I !-j,-~J
Nile L. Kriesel
City Coordinator
cc: Jay L. Kimble, Mayor
Dave i\fagnuson, City Arromey
Ch2Iter CommiSSIon
.
.171.69 :-.n.:::'oo1CmU. RIGHTS. POWERS. DL1IE.S
1198
471.69 LE\IITATION OF T.-\..~ LEYIES; STATE:\IENT.
No school dis~ct. county, statutory city. or town shall contract any debt or issue anv f
warrant or order in any c::tlendar year in anticipation of the collection of ta.xes levied or to b~ . ~
levied for that year in excess of the averaze amount actuall v received in tax collections on the
levy for the mree previous calendar yem plus ten perce~t thereof. and an average of other
income excluding gifts received by the school district for the past three years. This section
shall not apply to any school district. county. statutory city, or town, wherein the mineral net
tax capacity. exceeds 25 percent of the net tax capacity of re:J.I property in such taxing district.
This section shall not apply to any school district in a city of the first class which constitutes
one single school district.
As scon as practicable after the beginning of each calendar year. the clerk or other re-
cording officer of any municipality described in this section shall present to the governing
body of the municiDalitv a statement of tax collections and orher income excludinz zifts
credited to each fund of the municipality during each of the three previous fiscal years and the
vearlv averaze thereof. The auditor of the coumv shall be recuired to furnish information as
~ppe~s in the office records to the clerk upon iequest. .
History: (1938-21. 1938-22) 1931 cl59 s 1,2; 1937 c 180 s 1; 1949 c 457 s 1:
1973 c 123 an 5 s 7; 1976 c 44 s 69; 1986 c 4-14; 1988 c 719 an 5 s 84; 1989 c 329 an
13 s 20
471.695 CITIES F:C-;ANCL\L STATE::YIENTS, REPORTS Al'l"D Au--nITS; DEFINI-
TIONS.
For the purposes of sections 471.695 to 471.699, "city" means a st:J.tutory city or home
rule charter city.
History: 1973 c 787 s 1
471.696 FISCAL YEAR; DESIGNATION.
Beginning in 1979, the fiscal year of a city and all of its funds shall be the calendar year,
except that a city may. by resolution, provide that the fiscal year for city4)wned nursing
homes be the reporting year designated by the commissioner of human services. Beginning
in 1994, the fiscal year of a town and all of its funds shall be the calendar year. The state audi-
tor may upon request of a town and a showing of inability to conform, extend the deadline for
compliance with this section for one year.
History: 1978 c 787 s 2; 1984 c 528 s 7; 198-1 c 654 em 5 s 58; 1992 c 592 s 12
~
I
471.6965 PuBLICATION OF SUjyL\L\RY B(1)GET STATE:VIEJ\"T.
Annually. upon adoption of the city budget. the city council shall publish a summary
budget statement in either of the following:
(1) the official newspaper of the city. or if there is none, in::l qU::llified ne',vspaper of gen-
eral circulation in the city; or
(2) a city newsletteror other city mailing sent to all households in the city.
If the summary budget st::ltement is published in a city newsletter, it must be the le::ld
story, If the summary budget st::ltement is published through a city newsletter or orher city
mailing. a copy of the newsletter or mailing shall be sent on request to any nonresident. If the
summary budget st::ltement is published by a mailing to households other than a ne'.vsletter.
the color of the paper on which the summary budget statement is printed must be distincti vely
different than the paper containing other printed material included in the mailing.
If the bud!!et statement is maikd to households, the citv may also indude a notice noti-
fying taxpayers when the city will begin its budget proc::ss f;r the' current year and encourag-
ing t:upayers to attend the hearings. A telephone number \vhere ta.xpayers c:m check on the
dates and times of those future hearings should be included.
The statement shall contain infomlation relating to anticipated revenues and expendi-
tures. in a form prescribed by the state auditor. The form prescribed shall be designed so that
comparisons c:J.n be made between the current year and the budget year. A note shall be in-
t
OJ
1
oj
r.
.,
1198
:,ac: any debt or issue any
:ion of ta.xes levied or to b~
d in tax col1ections on the
:f. and an average of other
.: three years. This section
:1. wherein the mineral net
:::-;:v in such taxing district.
,sr'class which c;nstitutes
. ear. the clerk or other re-
. present to the governing
'r income excluding gifts
~';ious fiscal vears and the
-:0 furnish information as
s1:1949c457s1;
5 s 8-1; 1989 c 329 an.
""D AI-TDITS; DEFThl-
a statutory city or hom,~
, .-
dl be the calendar year;. :~;
:'or citv-owned nursing. '
:2-n se~Y'ices. Beginning ,:
Jar vear. Tne state audi-:.,
. extend the deadIllef()E,...
, ~ ~. .;:.
~: 1992 c 592 s 12 .~,}
rEi'iT.
Jl1 publish a summ'!Il':
.". :;''''\''
. ::..-~'.iJ
:icd ne\'v'spaperof gen~_~
. ':[':;'1
in the citv. . :r;U
:.:r. it mus~ be th~ leacf
:"vsletter or other city
_:nv nonresident. If the
::,~r than a newslette;:
I; must be distinctiY7f~
[he mailing.;;>
include a notice'It9j~
:H vear and enc~w:a
yers can check ?4:,
";enues and expt::p,
.; I be desi !ffied s'!'_
.r. A note -sha~ pe..'
1199
MV~lCIP.u. RlGlITS, POWERS. Dl'TIES 4;1.698
eluded that the complete budget is available for public inspection at a designated 10c2-tion
within the city.
History: 198../ c 543 s 63; 1995 c 134 s 2; 1996 c 471 an 3 s40
~iI.697 FINANCL-\L REPORTS; FILING; CITIES, TOWNS OF 2,500.
~ f\ Subdivision 1. All operntions except Some hospitals, nursing homes. In any city with
a population of more than 2,500 according to the latest federal census, or town with a popula-
tion of more than 2,500 according to the latest federal census with an annual revenue of
S500,000 or more, the city clerk, chief financial officer, town clerk, or town cle,k-rreasure,
shall:
(a) Prepare a financial report covering the city's or town's operations including opera-
tions of municipal hospitals and !lursing homes, liquor stores, and public utility COmmissions
during the preceding fiscal year afterthe close c:jfthe fiscal year. Cities shall publish the repOrt
or a summary of the report, in a form as prescribed by the state auditor, in a qualified newspa-
per of general circulation in the city or, if there is none, post copies in three of the most public
places in the city, no later than 30 days after the report is due in the office of the state auditor.
The report shaH contain fmancial statements and disclosures which present the city's or
town's financial position and the results of city or town operations in conformity wim gener-
ally accepted accounting principles. The report shall include such information and be in such
form as may be prescribed by the state auditor;
(b) File the financial report in the clerk's or financial officer's office for public inspec-
tion and present it to the city councilor town board after the close of the fiscal year. One copy
of the financial report shall be furnished to the state auditor after the close of the fiscal year;
and
(c) Submit to the state auditor audited financial statements which have been arrested to
by a certified public accountant, public accountant, or the state auditor within 180 days after
the close of the fiscal year, except that the state auditormay upon request of a city or town and
a Showing of inability to conform, extend the deadline. The state auditor may accept this re-
pOrt in lieu of the report required in clause (b). A copy of the audited financial statement
along with any management letter or other written findings or comments by the auditor must
be provided to each city council member and the mayor, or to each town board member, no
later than 30 days after the report is required to be submitted to the state auditor and presenred
at a scheduled meeting of the city council or town board prior ,to October 31 of the year in
which the report is submitted to the state auditor.
A municipal hospital or nursing home established before June 6, 1979, whose fiscal
year is not a calendar year on August I, 1980, is not subject to this subdivision but shall sub-
mit to the state auditor a detailed statement of its financial affairs audited by a certified public
accountant, a public accountant or the state auditor no laterthan 120 days afterthe close of its
fiscal year. It may also submit a summary financial report for the calendar year.
Subd. 2. First class city audits. The state auditor sha11 continue to audit cities of the first
class pursuant to section 6.49.
History: 1978 c 787 s 3; 1979 c 330 s4; 1980 c 487 s 18: 1980 c 502 s 1; 198..f. c
543 s 64; 1986 c4-!4; 1992 c 592 s 13; 1998 c 276 s 1
4i1.698 Fli'lANCE REPORT, FILE; PUBLISH OR POST; CITIES UNDER 2,500.
Subdivision 1. AU operations except some hospitals, nursing homes. In any city \vith
a Population of less than 2,500 according to the latest federal census, the city clerk or chief
financial officer sha11:
(a) Prepare a detailed statement of the financial affairs of the city including oper2-tions
of municipal hospitals and nursing homes, liquor stores, and public utility commissions in
the style and form prescribed by the state auditor, for the preceding fiscal year sho\lv'ing all
money received, with the sources, and respective amounts thereof; alI disbursements for
which orders have been drawn upon the treasurer; the amount of outstanding and unpaid or-
ders; a11 accounts payable; a11 indebtedness; contingent liabilities: all aCCOUnts receivable:
the amount ofmonev remainin2 in the treasury; and a11 items necessary to show aCcur2-te!v
the revenues and expenditures ;nd tinancial p'osition of the city:' .
.
I;
:i
'j
I
;1
.
i.
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.
~73.S5j :\lETROPOLrr.-\.'i GO\'ER....~IE\T
ments to the system statement. The reauest shall be made bv the unit or district within 60 days
aft~r rc:-.:~ipt ~f the system statement ~nd shall be accompanied by a description of the dis-
~gn::;ment together \vith specified proposed amendments to the system statement. If no re-
quest for a hearing is received by the council within 60 days, the statement shall be final.
Subd. 2. Within 60 days: report. A hearing shall be conducted within 60 days after the
request. provided that the committee shall consolidate he:lrin!!s on related requests. The
hearing shall not consider the need for or reasonableness of the n'1etropolitan system plans or
p:lftS thereof. The hearing shall afford all interested persons an opportunity to testify and
present evidence. The advisory committee or administrative law judge may employ the ap-
propriate technical and professional services of the office of dispute resolution for the pur-
po"e of evaluating disputes of fact. The proceedings shall not b~ deemed a contested case,
Within 30 days after the hearing. the committee or hearing examiner shall report to the coun-
cil respecting the proposed amendments to the system statements. The report shall contain
findings of fact. conclusions. and recommendations and shall apportion the costs of the pro-
ceedings among the parties. .
Subd. 3. Final determination. Within 30 days of receipt of the report. the council. by
resolution containing findings of fact and conclusions, shall make a final determination re-
specting the proposed amendments. At any point in the reconciliation procedure established
by this section. the council and a local !!overnmental unit or district mav resolve their dis-
agreement by stipulation. - .
History: 1976 c 127 s 7; 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 356 s 241: 1983
c 289 s 115 suvd 1; 1984 c 640 s 32; 1987 c 312 an 1 s 26 subd 2: 1993 c 163 an 1 s 32
~ 4i3.858 CO~IPREHENSIVE PLANS; LOCAL GOVER1'\j~1ENTAL u'NITS.
/ ) Subdivi.sion I. No. conflicting zonin.g, fiscal device, official control. Within three
. years followmg the receIpt of the merropohtan system statement, every local governmental
u.nit Sh:l!~~av~ prepare~:c<:mprehensive plan in acco~dance with s~ctions 462.355, subdivi-
SIon 4. -+/~.I/:J, and 4/~.8:J1 to 473.871 and the apphcable planmng statute and shall have
submitted the plan to the merropolitan council for review pursuant to section 473.175. The
provisions of sections 462.355. subdivision 4, 473.175, and 473.851 t0473.871 shall super-
sede the provisions of the applicable planning statute wherever a conflict may exist. If the
comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance
~hail be brought into conformance with the plan by local government units in conjunction
with th~ review and. if necessary, amendment of its comprehensive plan required under sec-
tion 473.86-1.. subdivision 2. After August I, 1995, a local government unit shall not adopt
any fiscal device or official conrrol which is in conflict with its comprehensive plan, includ-
ing any ~mendments to the plan. or which permits activity in conflict with metropolitan sys-
tem pl2.Ds, as defined by section 473.852, subdivision 8. The comprehensive plan shall pro-
vide guidelines for the timing and sequence of the adoption of official controls to ensure
planned. orderly, and staged development and redevelopment consistent with the compre-
hensive plan. For purposes of this section, a fiscal device or official control shall not be con-
sidered to be in conflict with a local government unit's comprehensive plan or to permit an
~ctivity in connict \vith merropolitan system plans if such fiscal device or official control is
adopted to ensure the planned. orderly. and staged development of urbanization or redevel-
opment areas designated in the comprehensive plan pursuant to section -+ 73.859. subdivision
5.
.
Subd. 2. Adjacent review. comment. Loc:11 governmental units shall submit their pro-
posed {'Jans to adjacent governmental units and affected school districts for review and com-
ment at least six months prior to submission of the plan to the council and shall submit copies
to them on the submission of the plan to the council.
Subd. 3. "'hen to council. The plans shall be submitted to the council following ap-
proval by the planning commission of the unit and after consideration but before final ap-
proval by the governing body of the unit.
Subd. 4. Status of old, new programs, plans, controls. Comprehensive plans. capital
impro\.emem programs. sewer policy plans and official controls of local governmental units
adopted plior to the requirements of sections 462.355. subdivision 4. 473. I 75. and -+73.85 I
16-:
.--"';'1
. ~....
.~'
;i~r::_
11->5
10473,371 shaJlrc
comrols adopted
':'73.871. Existing
and offic:al contr;
controls may be p
sive pl2.ns require
History: 19-
473.859 COMP;
Subdivision
standards :100 pro
and preservation.
unit throus::h 199C
five. Each-pIan sh.
ulation distributic
plan shall contain
system statement
school districts. E
modific:nion. as !
473.175. and 473
element that desc
ties adjacent loc
for JoiIit planning
jurisdictions for s
Each plan m~
use deveiopment.
and stable econo;
The compre:
comprehensive p'
ute.
Subd. 2. Lar
quired by section
and extent of use
age courses. and:
idential. commer,
such purposes. A
sites, the matters
element for prote
A land use plan
grams forprovid.
regional housing
planning to prom
housing.
Subd. 3. PL
location. timing.
of the local go\'e
be necessary to e
tern plans and to
least the follow;
(I) a transp
function and car
vices and faciEt:
(2) a sewer
by the public sY"
and conditions u'
the extent practi
health. safety ar
Se~t Ey: CITY OF OAKDALE;
6517302818;
Dec-21-S9 14:34;
Fage 5/5
CA~DALE CITY AtMI~lsr~~TOR
(QUTI~ ANJ RES?ONSLSIL:TIES)
.
r. The Acml.:llstrator shall have the duties, r'esponslb~litie3 and a~t~cri.ty ='5
set fort~ in Chapter 2. Article rv. of the City Code.
II. In addition to the duties set forth in pa=agrsph I, the Ad~~~istrator 5ha:l:
1. handle all labor relations, union and tlon-ur.ion, subject to Council
review and approval;
2.
cooreinate all accivi ties or consul taIlts,
implementaticn or all cont=acts, gt:'ants, and
City, subject to Council review and approval;
the planning fer and
land acq1;1sition of :~e
3. t"evielo1 alld recommend on all matters refe:-red tctl:e Pl<lnning and P~rk~
311d RecreatIon Commissions, where nece~sar7;
4. 3ee that a:1 appropriate city personnel and ccns~ltants at':end suc~
council a~d commission ~eetings as may be needed;
5. prepare council agenda, including recommendatio~s on matters ~p fo~
council action;
6. coordinate all contacts made by or mace to other governmental ~nits;
I. have prepared quarterly newsletters;
.
S. recow~end to the council E~r adoptior. 3uch ordinances and reso~ut:cns ?~
may be necessary for the welfare of the people and the efficient
administration of the affairs of the city.
HI. 10 further defbe the terms of Sections 2-35 (0) and (el and Section 2-36
(a) and (c) of the City Code, the AdQini3trator shall exercise cont~ol cve~
all departments of the City as Chief AdministratIve Officer of the Clt,.
IV. The Cou~cil agrees not to overturn an administrative decision of the
Administrator, not in violation of the City Code or this ~emo~a~dum, b~t ~ay
direct that future accions be different.
.
Se~: Bv: CITY CF CA<JALE;
.
c5173C2818;
Oec.21 .;; lJ.:33;
Pace 2
POsmON RESPONSIBILITY 'WRITE-UP
TITLE:
DATE:
DEP.-\.~TMENT:
REFOR TS TO:
City Admini~rator
March 1 ~Y9
A.dmiI".istrarion
City Council
PRTMARY OBJECTIVES OFPOsrnON:
To pla.'1 a."1C din~c: the administration of city fundcr~ as de~ted by the City Council tv ensure
efficient and effe..""tive IT'.unicipal ser~ and development in line with Council objectives.
To supervise th~ administration of all departments, including tht Department of Administration,
A.dmici5trative Servic..-s, Building Inspecticr., O,l11lTJt,mity Dc.re!opment, Enginemng, Fina.lce,
Fire, Police, Public Works, and Rec:estion.
To op.erate \\lith considerable discretion in nennal administration functions and in implern~nting
polides of the City Council.
To be responsible for effectively recommending policies, employ~ staffing, budgeting and
expenditures, and public relations, where City Council action is required~
. ESSENTIAL FUNCTIONS OF POSITION:
.
*
Serves a.1 Chief Administrative O~ of the city. Is resp<JllSibJe to the City Council fur the
p~ a.dminisuation of all the policiC$ of the city.
.
Supervises the administr.:I.ticn of all ~.cnts, offices, arA di....i3icns of the city, expect as
odier-ilrise proviCed by law, and carr.es out any ether respcllSibilities placcl unee:, the jur':'~cticn
ofth~ City ft.rlministraror by ordinance or by the appropriate City Council act:icn.
,
Serves 35 persamel offi~ and is rt:SpQ1l:libl~ for iopien:enuticn of city JXrsonnel policies with t1:e
aufr.ority to ef.f'o..-tive1y reccmmend employment, discipline, or removal of city employees for City
Ccuneil action.
.
Develcps and issues all administrative rules, regulaticns, and procedures necessary to cr..surc &.e
proper func-.ioning of all city dcpar'Jnentl, offic:s, and divisions, as permitted by law ~ City
Ccuneil approval.
.
Prepares and submits an annual budget to the City Ccuncil and keeps tl'..e City Council a&..ised of
the fir.an<:1al condition of tiu: city, making suc.~ reccmmer-.daticns as may, from time to time, 1:e
ck.-termincd desirable and ~~.
.
Atte=-.d.s ~ participates in discussions at all mCl.,::ings of the City Ccuncil a.'1d of other off;o~ dy
bodies. Also, represents the city at all official or semi-{):fficial fune,ia.s :lS may be ciirec'..eC by the
Cit)" Council. Cccrd.inates meetings and represents the City Council,.as directed, -w;th the Lc:1guc
efMinnesot1 Cities, the klsociation ofMctrop<llita.'\ Municipalitic3, de. Is entitled to r.cti~ cf cll
regular ~"ld ~ tr.eetings of the City Cound az:d is respo'.sible for agenda preparaticm and Cil).
Council me.:ring procedu~,
Sd1t Ey: CITY OF OAKDALE;
65172C2818;
Dec-21 -99 14:34;
Fage 3/5
~TWQ
.
.
Works closely with the City Council, including perfonning research co agenda items and other City
Council requma; attends m=tings to report on city aifairJ and problems. p~tir>i
recommendati0C3 cocceming policies aDd objectivC$ as v.-eJl as specinc actions; a."ld participating
in diSCUS$ions, as appropriate, of all significant matters.
.
Ensu~ that all laws, ordinan<:es, and resoluticos of the city are enforced and make
recommendations for cl1ange3 or addition! to ~ as necessary.
.
Purchases or enters into contracts for previously budgeted items when the amount thereof ciccs not
~ $15,000 and secures estimates, qootations, sealed bids, and ~ntracts in excess of S 15,000
and pl'C3CItS 3lJcl1 to the City Council for offi~ia1 action.
.
Recommends, from time to time, the adoption of such measures as may be deemed nece.'3sary for
the health. safety, and welfare ofthc: community.
.
Manages the effective utilization of city assets and re<:omlT".ends additions or changes to the City
Uluncil.
.
Ensure effective management of finane1aJ assets. Work! with the City Finance Di~.or to ensure
mvorabk mv:sanent3 of available funds, effective and proper accounting practices, appropriate
coverage and effective financial planning.
StaY$ abreast of ckvetcpmenes in the fields of public administration and ecooomic developJr.em.
Rec'~ new innovations to the City Council. Cooperates with governmental units and
municipaliti~ on matters of mutual interest.
.
.
.
Keeps the City Council advised as to the future needs of the city and makes rwmunendations to
the City Ccul'leil through a five-year Capital bnprovements Plan whiCh is reviewed and updared
:u1m1ally.
.
Exe]usively rcpresenu the City Council in collective bargaining matters and negotiates with
representatives of employee organizations.
.
Maintains familiarity with alternative and supplemental sources of reVenue, in\:Iuding fedaal and
state aids, loans. grants, and other SOUfee3 of revenue, and submits recommendations to the Cit'j
Council for actions ncx:e3sary to take advantage of such sources.
.
SUjX:niscs the COI1duet oflocal clectiom in ~rdanc.c with the pJ'C3cribcd laws and rcgulaticns.
...
Coooiinate:s tlJe work of the city's appointed attorneys and consultants.
...
Performs such cthe:' duties as may be required by the City Council.
EXAMPLlCS OF PERFORMANCE CRlTERJA
.
Policies and programs of the city are readily understood and administered by city personnel.
.
Clear <111<1 effective CQrnI11wUcation line:s arc ca1:5istcnti)' maintained throughout ~ organization.
.
.
City ~nsutently maintains a positive and high reputaticn for service among its ~jtizens.
S2~t Ey: CI:Y OF CAKDAlE;
65172C2818j
Dt'(:-21-991<1:34;
Fage 4:~
.
.
.
Page Throe
REOUIREMENTS OF POSITION
*
Mastet3 ~ in Public Adrninisu-..ricn, Urban Studies, or clo~ly related fieW, or equivalent.
.
Five years expc.'"icna: in broad areas ofmanagir.g public orgaoizacicns desirable.
.
Thorough knowledge of ~ity program.s as w~u as City Council pclicies and pract.i~.
.
Demcostrated ability to din:ct a ccmpln and varied organization.
.
Ability to develop and m:tintam effecti....'c working relationships .....ith City Council, general public,
employcc:J, and other go'lCTl1I1lental ager.cie3.
.
Ability to communicate effec'.ively orally and in writing.
SUPER\'lSION OF OTHERS
.
9
1
1
3
Department Heads
Deputy City Clerk
Recreaticn Specialist
Clerk Typists
.
.
.
EOUIPMENT USED
Persooal computer, electronic tranSCriber, telephor,c, and fa.~ machine.
PHYSICAL DEMANDS
Must be able to understand and respond to customer inquires over the telephone system and in person.
Must be able: to lift up to 40 pounds.
WORK ENVlRONMENT
~eral office envirOtUr.errt with some physicoilly repetitive wks and loud equipment noise.
IOOd
.
ADMI~ISTRA'l'I ON
~ 2,13
-
;:;
=
E
ii
;I
""
ARTICLE nl. CITY ADMINISTRATOR.
Sec. 2-41. Position estsblished.
7671
The positicn of city adrninistr..1t.or is establi:shed.
(Oid.1':o. 1597, & 1597.01, 8-11-93)
?hone ~
71</-3~o3
Fax ~
Fe>: II
s~. 2..12, Appointment: removal.
-..------------
The city 3dministrator shall be chosen by the city council colely on the basis of his or her
training, experienc~, Bnd administrative qu:ilifl~tions. The city administrator shall be ap-
poir.ted for an indefinite period by a majority of the city council and may be removed from
Omt:: after thirty (30j calendar daY3' written notica by a majority o[the city cauncH. If1.hc dr.)'
administrator has served [or one (1) year or more, written charges and a public hearing on the
eha;-ges, beiore the city council, shall be provided if requested prier to t.he dLlte on which his
or her removal takes pl~cc. The public hearing must be held within thirty (30) calendar days
oner pre3en~tioi1 of the charge~ and the cit-j adminisirotcr must. receive the charges at. least
Wo'l (101 calendar dOAYS before the public hearing,
lOrd. No. 159i, 9 1597.01, 8-11-93)
.
See. 2.43. Qunlificnlions.
The city acL-ninistrator must have considerable knowledge or municipal government. op-
e:ation. proper procedures, public relations, fInances, purchasin~ and all administrative re-
quirements for proper municipal opcrat.ion. He or she must have knowledge at, or o.bility to,
.1Cquirc full knowlE::diSe of all laws affecting the relation:! with city employees and the gener-..u
public, He or she must have the ability to plan development, to collect material and anal)'2e
(or r!:[.<l:-:ing and to conduct and implement standards of procedure,' operation, and organiza-
tior..
lOrd. Ko, 1597, ~ 1597.01, 8-11-9:~)
.Edilor's note-Ol"d. No, 1597. ~ 1591.01, adopted Aug. 11, 1993, amended Arl.s. III, IV,
an<! V in lheir entirety, clS herein set forth_ Formerly, Arts. Ill. IV und V pertuinculo \;imilOlr
mbjeo;t IDar.ter, c:mtained substantive 99 2-41-2-45, 2-61-2.63, 2-713-2-78, 2.91-2-93, 2-106-
2.108, 2.121-2-141, 2.151-2.159, 2.171-2-197, 2.206-2.214, 2-226-2.245, 2-256-2-262,
2,276-2.286,2.296-2.300, and were derived from the 1985 Code, ~9 2-202.05-202.12, 203.01-
2C109, 203,12.203.13, 203.16-203.29 and the iollowing locallegislOltion:
Ord. No.
Date
Section
1520
11-30-88
1520.01, 1520.02
J520.04-1520.16
1560.01
15f'6,OI-1566.06
1588.01
1590.01, 1590.02
.
15GO
J5G6
15~8
12.12-90
4.10-91
9- 9.92
10-14.92
:.;f:O
SJptl, ~h j
59
: . : I). 1 I' .Iye) (f 0 ~ _ 't) ') "
. . I I.' '.J 1 \ o. ; \ ~ '~,j
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Si
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e
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~
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WOCDBLffiY CiTY CODE
Sc~c. 2..14. Onth of office.
T:-:e c:ty a-::ministr::t:: shaH be required to t:l.KC a:: :;1:.h cr offi:e. H~ 0:' :;r.C' ~imE he
h/.Jn~c=, ac ~iLy e:-cr:e::se, !:.b.rou,:;:" a position bene ,'Vhicn ~'ii1 indemnify the city.
lOrd. ::0. l:i9'7, <1 1597.01, 8-il-931
5c~. 2.1.:i. Fcnc:ions.
(.'J The c:t"j' :.'ldmin~t:(1tor shall:
OJ S,lojC".;t to city cnuncil ~gtJJ:Jtior.::; :md nppliC:1bll! l;::.w.!', ct'lIlLn..'1 (tI1lIIEn'd, :dll' i 11(;.
tr::.Ucn of Inu::icipnl aIT.'lir!! and be t..lJ~ chief :1dministrntive officer oi the city.
,"" l~:";:;:.l:,e Lh:l~ ;Jlll:1ws, onli:l:.nccs ;mtl :-c:\olut.\on5 or tho c~l,y m'~' cnf~':T("J :1n:1 Ill::i",
l-c:::;rl1menC:<ltionS rnr ch:H~ges cr ad:::itions to ordi::~n::C5 ~'nd r~soluti~n::: wh"1l ::\:.;,
CS5-"r:," .
1..1;
Sur;cr"/isc ::::u €xerci::::c con=oi over ~hc :lciivi~ies of:.11 rr.unicip..l def:-:(,l11cnl. hC':ds
:ll~d personnel of the cit::' i:1 the ncministmtion rof mur.idp"l pnlicy, ....-::.h nllthori:::;- lQ
r,~l.)l:;mcnd ~heir employment :mdlo. removal,
f"
..
.''\Ltcmi ;'Iml P:1.rUc:pntc in Ulll:1Cctiul;'> or the eiL:: ::lll1l1ciL rTC' Dr shp :=:J':111 b(' n'",'''!l'
sihle :or Lh~ prcp::tr.ltion of the c:t,:.- council ager:dn. and rQ:omrr: end to the <.:i ~y V"~! :'I;il
;;11::11 I~(,'-lsur{'s (\$ he or she In~~.. dcc:n nccc:;S:1r:: for :he wc::nr(" rf t:,c dt17,"lll< :111:1
l."rlicicd nd:nini!"tr3tion uf the city. He or she may nti.end. ~L hi~ or i':c: rFs::reti:n '1T
.:t i..i~:~ direct.ion of lIte c:ily council, cthc!" commitLee nod cam:l1issi(1I1 mt:'d~nF"
l.i j
l'T'2;:11rc all r:nnunl fisc;!1 bud~.!t ,me c:Jpi~1 jmprovcrr.cn~ p1.-m ft,r the' dt.). n'\lnt.jl.
r,(;::i nlai II fil1~ ncial guiUl?lin':!s for t.he dt.:; ....-ithir. the scope of :1':c appro','ed bltdg:~t :: 11.1
e:1piL:;1 pro~r:llll. lk nr ~he sh::ll submit rcror!.~ bl the ciLy c''''l\~il t111 !.h~' fil1:1",'i:ll
rl1l\8itintl r:r llltHlicip111 nC::QlJnts :1.1ld mak~ ~'Jrc the nnnt:01 fin:lr.c:al ~~:ll<:'l1:r'n: i"
prr:p:ucd ill :lI:ulnl:1'lCC with bw.
511jJr.:r...i~~ t!:e c:)lldl1c~ of Joc:11 eiections in :1ccord3.nec with I.:lw,
Supervise the prt.';:nraLion of nnr..:Jnl :lljd lcng.r:1l1g~ work jJ:~graI:'1~ for ::tU d("'F:,.r~.
n~ent~ nnd ~lIbmit th~m, 310ng with a c:;pit31 improyemcnt fcrec:l:'it. 1.0 t~~ cil)- ct"l:n':il.
!2i
1-'
./.
l,..~i
Coorci nntc ;\11 t!l'2 city insur:lr:c~ matters. includinc; g:-o~:p iIl511r::lnc~ pr~gr:)r.l:<,
! ~.l.l
R('~rc~ent, t1':e ci:y :It. uflidnl f;;r:cticns, n~ rlircded by the cit.:; cO'i.lndi. ,,'lclll1ail1::1tn
~"1oJ pllh!:c rdntinn$ wiLli ~he citizer.s cf th~ eo:nmunity. Subjc:t to th~ rr('r,)~~:~t i \'C'S
(1\ tohe 1:1~yor, he or :>hc ::;hnH !'e!"o'l~ :lS jl" i::fcrm:1lic~ reprc~cl1t.:tti".c. l:Ql\rr~r wit h ~,h'~
:n~din. ci,.jc ~oup~, dC'ldcpcr.>. nnd uthcr (l1'~:::ai,.:::L:on~. Ilc (1:' ~ho "h:1l1l'fc>p:H'" t:r'W~
~l:'J(,<1:\~ nnll dcvdop and rliscu:!s public ~1;ltion!\ m;:lLNio! :::$ h~ ~'r ~:IC dCl'lll:< ,,,":r:~.
S;l~)', or nt LiIe directiol1 or the city council.
: ~) I
Cnnn Ii :::tll: lTlunk:l'nl pror,T:J.m~ and lldi...i Lies :!s dire..:lco o.y ~Le cit). cnll ::l:; I. 11 :.:; i t..-r
;.11 e"Il"UH~11'1t :1nd o11l~r:1\.t wnrk ;1f"~fn:n!'d ru ~hf" :::ity, C""rdi:l:tl.:- the :1l'I;":! i,." p(
;1\1 ,::>I1<:\1ll::nl;'. :1r\vi<;nr:v hmii\'::. :11ld c:1l1llnit~cC'~ ('~~lbli~1~l':11l\' Lh.: ,it:",' "f"\\ll...;l.
60
;-~. T~~ "l.1....
" : 11 \
1/ \" (:
. ,
(': 7 _ .: ~ ']
\ r "
. ;",,'"
.
ADMINISTRATION
~ 2-62
mfonned regarding federal, state, ~d county programs which effect \be city.
~t with officials of both public and pnvat.e apnciee, ,.. may be required.
. :rammarlty with alternala &nd supplemental IOurces of revenue. including
~(' . ..
, . ". and stab aids, loans, grants, and other 8OU~ of ravenue, and lr~bmit
.w...... .
. mmendation. to the city caunc'.l for actions necessary to take advantage of such
the city cmmcil on mlltten dealing with t.~e adminiatr.ation of the city aDd
'. and ta the city eouncil any policies lUld other tneuure5 deemed n~8sary for
.the aiBeimt adminiatration of eity affairs.
~ .'
such other duties as Dlay be preacn'bed by law lJI'required ofbim or her by the
. ~ council.
..""..3:........
" ....City 'administrator' ia the city clerk.
~~~.,,~ . .
. 'ReHrved.
ARTJCLE Iv. DEPARTXEN'l'S. nIVIStONS. ETC..
.
.,
DMS10N 1. GENERALLY
:~.
.: ~pepartmenia Crtlated.
,.. ..
.lIto:. ;...
. :'dmmiBtrative services of the city shall be divided l.nto the following de~ent3 and
, :~. enl hew, and sue.~ departmentA and poaitionJ &n'l created:
~., .. .
.' ..'~'nt...,,:-, D~partmeni Head
:i':.: hf administration " .A.uiatan, city administrator
~:::- 'ent'oCcnmmunity development Qunmunity development director
- t of finance Finance director/deputy clerk
, t of public worlts Public wotb dil'sdoT
~. t..of public safety Public safety director
, ~~ 1597, ~ 1597.01,8-11-93; om. No. 1653,' ~ 1653.01. 12-11-96)
'~r;. '..
~. :/ -'.' . .
~;' 'oenenl'duties of department head8 and division directors.
~~ .:~
~~~ deparbnent head and division dirsc:tor shall be subject to the Bupervision and
.~ . ..
. , . of the city administrator and shall be immediately t'SllponBible to the city adminis-
'1Ji~'~r: the effective adminilltration of bill Of her deptlrlment or divWon ar.d all activitief!
-"l.,'
." tbereto.
.
61
~oo 'd
9 t : iJ 1 (\01';) 6E Ot - '~]J
.
.
.
1.01.
2.01.
3.01.
3.02.
3.03,
3.04.
4.01.
4,02.
4.03.
4.04.
4.05.
5.01.
5.02.
5,03.
5.04.
5.05.
5.06,
5.07,
5.08.
6.01.
6.02.
7,01.
7,02.
7.03.
7,04.
7,05.
7,06.
Chapter 1
CHARTER*
Article I. Name and Boundaries
Name and boundaries.
Article II. Powers of the City
Powers of the City.
Article III. Elective Officers
Council Composition and Election.
Failing to qualify and vacanci~s.
Filling Vacancies.
Salaries.
Article IV. Elections
Regular.
Special elections.
Filing for office.
Procedures.
Campaign Financial Reports,
Article V. The Council
Councilmembers.
President of Council.
Ordinance procedure.
Failure to vote.
Council meeting records.
Holding other offices.
Publication of business.
Revision and codification of ordinances.
Article VI. The Mayor
Duties of Mayor.
Vice-:\Iayor.
Article VII. Administration of City Affairs
Fiscal year,
City officials,
Appointment of City officials,
Bonds,
Creating and discontinuing offices.
Failure to perforn1,
*Editor's note-Printed herein is the city Charter, which became effective on April 1. 1987, Amendments to the Charter are
indic:lted by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision
remains unchanged from the original Charter, as revised on No\'ember 6, 1990, Obvious misspellings have been corrected ....,ithout
notation. For stylistic purposes, a uniform system of headings. catch lines and citations to state statutes has been used. Additions
made for clarity are indicated by brackets.
~llpp. :'\0. .)
CDl:l
9.01.
9.02.
9,03.
9.04,
10.01.
10.02.
10,03,
10.04,
10.05,
10,06.
11.01.
11.02.
12.01.
12.02.
13.0l.
13.02.
13.03.
13,04,
13.05.
13.06,
13.07.
13.08.
1:3.09.
13.10.
1:3.11.
1:3.12.
13,1:3.
Supp. :':0. 2
7.07.
7.08.
7.09.
7.10.
7.11.
8.01.
8.02,
8.03.
8.04.
STILLWATER CODE
.
Compe:lsation of City officials.
Qualification of appointees. removaL
Public officers. public employees, interest in contract: pe:lalty.
Public officers, interests in permits. lice:l:;es or zoning; pe:lalty.
Definitions.
Article "ViII. Police Department
Charge.
Rank and duties.
Powers of Police.
Regulations.
Article IX. Fire Department
Charge.
Rank and duties.
Rules and regulations.
Disobeying orders.
Article X. Taxation and Finances
Council to control finances.
Funds.
Duty of Council to reduce expense.
Power to Borrow :Yloney or Incur Debt.
Powers by law.
Xot limiting.
.
Article XI. Public Improvements and Special Assessments
Power to make improvements and le~'y assessments.
Local improvement procedure.
Article XII. Eminent Domain
Authority of City.
Procedure,
Article XIII. Board of Water Commissioners
How created.
.-\uthority.
:.\Iay sue and be sued.
Purpose.
:.\Iembership.
Officers.
S ecre ta ry.
Treasurer.
Powers.
Limits of powers.
Certificates not to be indebtedness of City.
Annu3l Statements.
Continuance.
.
CDl::2
.
14.0L
14.02.
14. 03.
14.04.
15.0L
15.02.
15.03.
15.04.
15.05.
15.06.
15,Oi.
15,08.
15.09.
16.0L
16.02.
.
.
CHARTER
Article XIv. Library Board
Continuance.
Members to continue.
Appointment and removal.
Annual statement.
Article xv. General Provisions
Cit-j to succeed to rights and obligations of former cit-j,
Existing ordinances continued.
Pending condemnations, improvements and assessments.
Ordinances to make Charter effective.
Present officers continued.
Effective date.
Appointment of Charter Commission Memb€rs.
Appointment to and removal from all other Boards and Commis-
sions.
Notice of Vacancies.
[Article XVLJ City Owned Land
[Application of article.]
[Sale, use or disposal of property.]
CDl:3
.
ORDINANCE NO. 863
A1'i ORDINA1'iCE .~"IENDING THE STILL 'WATER CITY CHARTER
The City Council of the City of Stillwater does ordain:
1, The City Charter of the City of Stillwater is hereby amended by adopting ne\v
p.09, 97.10 and 97.11 L~at will read as follo\\"s:
"7.09 Public officers, public employees, interest in contract; penalty.
a) Any public officer or public employee who is authorized in their official
capacity to take part in any manner in making any sale, lease or contract
decision may not voluntarily have a personal financial interest in that sale,
lease or contract decision or personally benefit therefrom. ,
b) A public officer or public employee \vho is found to have knowingly violated
this provision is guilty of a gross misdemeanor pursuant to Minnesota Statutes
Chapter 471.87.
7.10 Public officers, interests in permits, licenses or zoning; penalty.
.
a) Any public officer who is authorized in their official capacity to take part in
any manner in ma..lGng any permit, license, or zoning decision may not voluntarily
have a private financial interest clearly separate from that of the general public in
that permit, license or zoning decision or personally benefit therefrom. The
existence of a private financial interest or benefit clearly separate from that of the
general public is, in all instances, a conflict of interest.
b) Except as other-vise provided by law, every public officer must fully disclose
all material information pertaining to potential conflicts of interest as they arise
and must in all instances recuse themselves from participating in any discussion
or decision on the matter under consideration.
c) The City Council within sixty (60) days after the effective date of 97.10, must
establish by Ordinance a procedure to administer and enforce the conflict of
interest and financial disclosure provisions of the Charter. The Ordinance must, at
a minimum, include the following provisions:
.
.
1)
Insofar as permissible uIlder State law, the City Attorney must
have the authority to issue, upon request of any interested party
who vvishes to use the opinion to guide their own conduct, binding
advisory opinions concerning ethical and financial disclosure
matters.
2) That a complainant alleging a violation of 97.09 or 97.10 may be
made to the City Attorney by any citizen of Stillwater or other
interested party. A public officer or public employee who becomes
aware of a violation of these sections must report the violation to
the City Attorney,
3) That the City Attorney must conduct an inquiry of the alleged
violation and report the fmdings to the City Council at a public
meeting within thirty (30) days of receiving a complaint.
3) That the City Attorney be authorized to hire independent counsel
in the event it is deemed necessary.
4) That a finding that a public officer has knowingly violated 97.09 or
S 7.1 0 is grounds forremoval from office.
.
6)
That any permit, license or zoning decision promulgated or issued
in which an interested public officer participated in violation of
this section is null and void.
7.11 Definitions.
a) "Public Officer" means an executive or administrative officer at the Cit'/ of
Stillwater or any subdivision, agency or commission thereof, whether elected,
appointed or otherwise designated.
b) "Public Employee" means a person employed or acting for the City of
Stillwater or any subdivision, agency or commission thereof for the purpose of
exercising their respective powers and performing their respective duties, and vvho
is not a public officer.
.
2
.
.
.
1998.
Enacted by unanimous vote of the City Council this ~~day of
~~
(]
ATTEST:
(VlJ>.A J \ (I J, 2 d.---
Morli{Weld-;n, Its Clerk
Publish:
Stillwatsr Gazette 7/24/98
..,
.J
CHARTER
.
CHARTER
of the
CITY OF STILLWATER
State of Minnesota
(Revised 11/6/90)
As prepared by the City Charter Commission
and recommended to the City Council this
18th day of November, 1986.
Nancy Putz, Chairperson
John F. Evert Thomas N. Farrell
James E. Jacobs Frederick S. Lammers
John Scott McDonald James T. McKinney
Donald D. Ronning
.
ARTICLE I. NAME AND BOUNDARIES
1.01. Name and boundaries.
All that district in the County of Washington,
in the State of Minnesota, contained within the
boundaries as now are or hereafter may be estab-
lished, shall be a city by the name "City of
Stillwater," and all the people now inhabiting and
those who shall hereafter inhabit the district
shall be a municipal corporation by the name of
the "City of Stillwater."
ARTICLE II. POWERS OF THE CITY
2.01. Powers of the City.
.
The City shall have all powers which are now
or may hereafter becorne possible for a municipal
corporation in this State to exercise in harmony
with the Constitution of this State and of the
United States. It is the intention of this Charter
to confer upon the City every power which it
would have if it were specifically mentioned.
CDl:5
3.01
ARTICLE m. ELECTIVE OFFICERS
3.01. Council Composition and Election.
The Council shall be composed of a Mayor, who
shall be elected at large, and four Councilmembers,
who shall be elected by wards. Each Councilmember
shall be a resident of the ward from which he is
elected and shall serve for a term of four years
and until his successor is elected and qualifies.
The Mayor shall serve for a term of four years and
until his successor is elected and qualifies. Elec-
tive officers whose terms have not expired at the
time of the first election following the adoption of
this Charter provision shall continue to hold office
until the expiration of the term for which origi-
nally elected.
a. General Requirements. The Charter Com-
mission, by resolution adopted not later
than May 10, 1992, or within forty-five
(45) days after the Legislature has next
redistricted, whichever is first, shall di-
vide the City into wards. Wards shall be
as equal in population as practicable and
each ward shall be composed of compact,
contiguous tenitory. The City Council shall
assign one encumbent Councilmember to
each of the newly created wards. If the
City Council shall fail to assign a
Councilmemberwithin forty-five (45) days
after a ward is created, the Charter'Com-
mission shall make the assignment. This
assignment shall not disqualify an incum-
bent Councilmember who does not reside
within the ward to which they are as-
..signed from completing the term for which
they are elected, and for one additional
tenn beyond the term of initial assign-
ment. Thereafter, each CounciIrnember
shall be a resident of the ward from which
they are elected, except that a change in
ward boundaries shall not disqualify a
Councilmember from serving out the re-
mainder of their term. All vacancies on
the Council, however created, shall be
filled by a person who resides in the ward
to which they are appointed.
b. Redefining Ward Boundaries. The Char-
ter Commission, by resolution, rnay rede-
3.01
STILLWATER CODE
fine ward boundaries subject to the limi-
tations and restrictions of State Statute.
Within forty-five (45) days after the offi-
cial certification of each federal decennial
or special census, the Charter Commis-
sion shall either confirm the existing ward
boundaries as conforming to the stan-
dards of Subd. 3.01.a. or redefine ward
boundaries to conform to those standards.
Any action establishing new ward bound-
aries shall apply to the first election held
at least six months after establishment of
the new boundaries. No established divi-
sion or redivision of the City into wards
shall be made until the Charter Commis-
sion has held a public hearing after two
weeks' published notice.
Charter cross reference-Powers of council, ~ 5.01.
3.02. Failing to qualify and vacancies.
If any person elected as Mayor or Councilmember
shall resign the office, fail to qualify as required
after the election, or shall neglect to perform the
duties of the office, or be absent from the City
without consent of the Council for a period of
thirty (30) days, or shall be unable by reason of
sickness or other cause to discharge the duties of
office, the Council may declare the office vacant.
3.03. Filling Vacancies.
\v"hen a vacancy occurs on the Council, the
Council must appoint another person to fill the
vacancy until the next general election when a
successor can be elected and qualifies to fill the
unexpired term of the vacancy. When a vacanC'J
occurs in the office of Mayor, the Vice-Mayor must
fill the vacancy until the next general election and
until the successor thereto is elected and quali-
fies. When the Vice-Mayor takes the oath of office
and assumes the office of Mayor, the Vice-Mayor's
City Council seat and the office of Vice-Mayor
become vacant. When a vacancy occurs in the
office of Vice-Mayor, the Council must elect one of
its members to fill the office.
COrd. No. 822, 5-21-96)
3.04. Salaries.
The Mayor and Councilmembers shall receive
such lawful compensation as is fixed by the Coun-
.
ciI by ordinance. City officers and all employees of
the City shall receive compensation, salaries or
wages as fixed by the Council.
ARTICLE IV: ELECTIONS
4.01. Regular.
A regular municipal election shall be held on
the first Tuesday after the first Monday in No-
vember of each even-numbered year commencing
in 1986. The City Clerk shall give at least two
weeks published notice of the time and place of
holding the election and of the officers to be
elected, but failure to give such notice shall not
invalidate the election.
4.02. Special elections.
The Council may order a special election and
provide all means for holding it. The City Clerk
shall give at least two weeks published notice of a
special election. The procedure at the election
shall conform as nearly as possible to that pre-
scribed for other City elections.
.
4.03. Filing for office.
Any voters of the City qualified under the state
constitution for elective office may, by filing an
affidavit and paying a filing fee to the City Clerk,
have his/her name placed on the municipal pri-
mary ballot or, if there is not a primary election,
the municipal election ballot. The Council shall
set the fee and dates by ordinance.
4.04. Procedures.
Subject to this Charter and applicable State
laws, the Council may, by ordinance, further
regulate the conduct of municipal elections. Ex-
cept as otherwise provided by this Charter and
supplementary ordinances, general state laws on
elections shall apply to municipal elections.
4.05. Campaign Financial Reports.
When a candidate for Mayor or City Council is
required to file campaign financial reports pursu-
ant to Minn. Stat. ~ 211A, a summary of the
report shall be published five (5) days before a
.
CDl:6
.
CHARTER
primary, five (5) days before a general election
and five (5) days before a special election. The
summary shall include the following information:
a. The total amount of receipts and expendi-
tures,
b. The name of any individual or committee
that during the year has made contribu-
tions that in the aggregate are equal to or
greater than $500,
c. A statement that a complete campaign
financial report is on file in the office of
the City Clerk and available for public
examination or inspection.
This summary may be published in any newspa-
per of general circulation within the City, at the
expense of the City. It shall be the responsibility
of the City Clerk to take this action for the City.
ARTICLE ~ THE COUNCIL
.
5.01. Councilmembers.
The Council shall consist of the Mayor and four
CounciImembers and they shall be the governing
body of the municipality, and shall exercise the
corporate power of the City. The Council shall be
vested with all powers of legislation in municipal
affairs adequate to a complete system of local
government, consistent with the Constitution and
laws of the State.
Charter cross reference-Composition of council and
election, ~ 3,01.
--.
5.02. President of Council.
The Mayor shall be president of the Council
and shall preside at its meetings. The Mayor shall
have a right to vote upon all propositions, mat-
ters, and questions coming before the Council, but
shall have no veto power. The Council shall elect
one of its members to be vice-president.
5.03. Ordinance procedure.
Ordinances and resolutions shall be enacted,
amended and recorded under the following regu-
lations:
a. The ayes and nays shall be taken upon
the passage of all ordinances and resolu-
tions and entered upon the journal of the
proc~dings of the Council.
CD1:7
5.03
b. The enaction clause of all ordinances passed
by the Council shall be in these words:
"The Council of the City of Stillwater,
does ordain:"
c. Prior to passage, an ordinance must re-
ceive two readings previous to its pas-
sage, but shall not be read at any place
other than regular sessions, not twice at
the same session. The second reading
shall be by sections, at which time amend-
ments may be offered. The reading of a
section shall not preclude the offering of
an amendment to a preceding section.
d. When a bill is up upon its final reading
and fails to pass and a motion is made to
reconsider, the vote upon such motion
shall not be taken except at a meeting of
the Council held not less than one week
after the meeting at which such motion
was made.
e. All ordinances shall be enacted by a ma-
jority vote of all the members of the Coun-
cil except where a larger number is re-
quired by law or this Charter. It shall be
signed by the Mayor, attested by the Clerk
and published once in the official newspa-
per.
f. In the case of lengthy ordinances, if the
City Council determines that publication
of the title and summary of an ordinance
would dearly inform the public of the
intent and effect of the ordinance, the
Council may by a four-fifths vote of its
members, direct that only the title of the
ordinance and a summary be published
with notice that the printed copy of the
ordinance is available for inspection by
any person during regular office hours at
the office of the City Clerk and any other
location which the Council designates. A
copy of the entire text of the ordinance
shall be made available in the Stillwater
Public Library, and in any other public
location that the Council designates.
g. A true and correct copy of all ordinances
shall be kept and certified to by the Ci ty
Clerk in accordance with requirements of
statute.
5,04
STILLWATER CODE
5.04. Failure to vote.
Any member of the Council whose name is
called, and fails to vote upon any proposition,
shall be counted as having voted in the negative.
5.05. Council meeting records.
It is hereby made the duty of the Mayor, or in
the case of the Mayor's absence or disability the
vice-president, to sign the Clerk's records of the
proceedings of each meeting of the Council, when
the record has been presented for signature.
5.06. Holding other offices.
No member of the Council shall hold any other
municipal office or employment, the compensa-
tion of which is paid out of municipal moneys,
except as a member of the Board of Equalization.
Neither may the Councilmember be elected or
appointed to any office created or the compensa-
tion of which is increased by the Council while a
member thereof until one year after the expira-
tion of the term for which member was elected.
5.07. Publication of business.
The Council, within fifteen (15) working days
after every regular or special meeting, shall pub-
lish the official council proceedings, or a summary
conforming to Minn. Stat. ~ 331A01, subd. 10.
The summary of business must be attested to by
the Mayor as an accurate account of proceedings.
5.08. Revision and codification of ordinances.
The City may rearrange, and codify its ordi-
nances as may be deemed necessary. The ordi-
nance code may be published in book, pamphlet,
or continuously revised loose-leaf form and copies
shall be rnade available to the public by the
Council at the office of the City Clerk for free or
for a reasonable charge.
ARTICLE VI. THE MAYOR
6.01. Duties of Mayor.
The Mayor shall be the chief executive officer of
the City. The Mayor shall see that the laws of the
State, the provisions of this Charter, and the
.
ordinances, resolutions, regulations, bylaws, and
orders of the City are all duly observed and
enforced within the City; and shall see that all
contracts made with the City are faithfully per-
formed. The Mayor shall exercise such other
powers and perform such other duties as may be
prescribed by law and ordinance.
6.02. Vice-Mayor.
After the election of its members, the Council
must, at its first meeting, elect one of its members
as Vice-Mayor, who will act as Mayor Pro Tempore
during the temporary absence or disability of the
Mayor.
(Ord. No. 822, 5-21-96)
ARTICLE VIT. ADMlNISTRATION OF CITY
AFFAIRS
7.01. Fiscal year.
The fiscal year of the City shall commence
upon the first day of January and end the thirty-
first day of December in each year.
-.
7.02. City officials.
The administrative powers, authority and du-
ties of the various City officials, not otherwise
provided for shall be determined and assigned
among such officials by the Council. The Council
shall set rules, regulations and orders as may be
necessary or proper to secure economy and effi-
ciency. No official or employee shall contract debts
to bind the City, or make any improvements in the
City, unless authorized by a majority vote of the
CounciL .
7.03. Appointment of City officials.
All Chief officials shall be appointed or re-
moved by a majority vote of the CounciL After the
election of its members, the Council shall at its
first meeting, or within forty (40) days thereafter,
appoint the chief officials of the City, and pre-
scribe their respective duties and responsibilities.
.
CDl:8
.
7.04. Bonds.
The Council shall fix the amount of the bonds
to be required of appointive officials.
7.05. Creating and discontinuing offices.
The Council shall have power to create and
discontinue offices and empIo}rments, to provide
the methods of filling them, and prescribing the
duties pertaining thereto, as the needs of the City
may require.
7.06. Failure to perform.
Allpersons holding any office or employment
under the City, whether elective or appointive,
shall be required to engage in the actual work of
the office or empIo:yment so held, to the extent
that their services may be necessary, for the full
and complete discharge of the duties of the office
or emploYTIlent, and a failure to do so shall be
grounds for removal.
.
7.07. Compensation of City officials.
The Council shall fix the compensation of all
officers and employees of the City.
7.08, Qualification of appointees, removal.
All appointments to positions under the city
government shall be made strictly.on merit and
qualification for particular service and none shall
be made or withheld by reason of religious or
political opinions, affiliations or service. No pro-
motion, reduction, reward or punishment shall be
affected by anything other than merit and quali-
fication to perform efficiently the services re-
quired.
7.09. Public officers, public employees, inter-
est in contract; penalty.
.
(a) Any public officer or public employee who
is authorized in their official capacity to take part
in any manner in making any sale, lease or
contract decision may not voluntarily have a
personal financial interest in that sale, lease or
contract decision or personally benefit therefrom,
~{}PtL ~{I. .)
CH.-lliTER
7.10
(b) A public officer or public employee who is
found to have knowingly violated this prOvision is
guilty of a gross misdemeanor pursuant to :M.S.A.
S 471.87.
(Ord. No. 863, S 1, 7-21-98)
7.10. Public officers, interests in permits,
licenses or zoning; penalty.
(a) iilly public officer who is authorized in
their official capacity to take part in any manner
in making any pennit, license, or zoning decision
may not voluntarily have a private financial in-
terest clearly separate from that of the general
public in that pennit, license or zoning decision or
personally benefit therefrom. The existence of a
private financial interest or benefit clearly sepa-
rate from that of the general public is, in all
instances, a conflict of interest.
(b) Except as otherwise provided by law, every
public officer must fully disclose all material
information pertaining to potential conflicts of
interest as they arise and must in all instances
recuse themselves from participating in any dis-
cussion or decision on the matter under consider-
ation.
(c) The City Council, within 60 days after the
effective date of S 7.10, must establish by ordi-
nance a procedure to administer and enforce the
conflict of interest and financial disclosure provi-
sions of the Charter. The ordinance must, at a
minimum, include the following prOvisions:
(1) Insofar as permissible under state law,
the City Attorney must have the author-
ity to issue, upon request of any inter-
ested party who wishes to use the opinion
to guide their own conduct, binding advi-
sory opinions concerning ethical and fi-
nancial disclosure matters.
(2) That a complainant alleging a violation of
* 7,09 or S 7.10 may be made to the City
Attorney by any citizen of Stillwater or
other interested party. A public officer or
public employee who becomes aware of a
violation of these sections must report the
violation to the City Attorney.
(3) That the City Attorney must conduct an
inquiry of the alleged violation and report
CD1:9
1.10
STILLWATER CODE
.
the fmdings to the City Council at a public
meeting within 30 days of receiving a
complaint.
(4) That the City Attorney be authorized to
hire independent counsel in the e\-ent
that it is deemed necessary.
(5) That a finding that a public officer has
knowingly violated S 7.09 or S 7.10 is
grounds for removal from office,
(6) That any permit, license or zoning deci-
sion promulgated or issued in which an
interested public officer participated in
violation of this section is null and void.
(Ord. .No. 863, S 1, 7-21-98)
7.11. Definitions.
(a) Public officer means an executive or admin-
istrative officer at the City of Stillwater or any
subdivision, agency or commission thereof, whether
elected, appointed or otherwise designated.
(b) Public employee means a person employed
or acting for the City of Stillwater or any subdi-
vision, agency or cornmission thereof for the pur-
pose of exercising their respective powers and
performing their respective duties, and who is not
a public officer.
(Ord. No. 863, S 1, 7-21-98)
ARTICLE VIII. POLICE DEPARTMENT
8.01. Charge.
The Police Department of the City shall be in
charge, and under the direction of the Chief of
Police, who shall be appointed by and subject to
the control of the Council. The Council shall
designate the number of officers which may be
deemed necessary for the complete management
of the Police Department and shall fix their
com pensation.
8.02. Rank and duties.
The Chief of Police shall select, subject to the
approval of a majority of the Council, all officers
connected with the Police Department, and shall
define their respective ranks and duties: and the
Chief may discharge any such officers whenever it
Supp. ):0. 'J
is deemed necessary for the interest of the depart-
ment, subject to restrictions of any binding labor
contract and provisions of this Charter.
8.03. Powers of Police.
The Chief of Police and all regular or tempo-
rary police officers shall have the power to enforce
laws of the United States of America. State of
Minnesota, County of Washington, and City of
Stillwater.
8.04. Regulations.
The Council may, from time to time, make such
regulations for the control of the police force, and
the duties of the several officers thereof as may be
deemed necessary'.
ARTICLE IX. FIRE DEPARThIE:N""T
9.01. Charge.
The Fire Department of the City shall be in
charge, and under the direction of the Chief of the
Department, who shall be appointed by and sub-
ject to the control of the Council. The Council
shall designate the number of officers which may
be deemed necessary for the complete manage-
ment of the Fire Department and shall fLX their
compensation.
.
9.02. Rank and duties.
The Chief of the Fire Department shall select,
subject to the approval of a majority of the Coun-
cil, all officers connected with the Fire Depart-
ment, and shall define the respective ranks and
duties; and the Chief may discharge any officer
whenever he deems it necessary for the interest of
the department, subject to any restrictions of a
binding labor contract and provisions of this Char-
ter,
9.03. Rules and regulations.
The Council shall have the power and author-
ity to make or modify any necessary rules for the
government of the Fire Department, and for the
protection and use of all property and apparatus
pertaining thereto. The Council may provide for
.
CDl:lO
.
the punishment of persons injuring or interfering
\'lith such property, and may also make provision
to keep a\vay from the vicinity of any fire, all or
any persons, and to compel bystanders to aid in
the preservation of property exposed to danger by
such fire.
9.04. Disobeying orders.
Any person refusing to obey the orders of the
Chief of [the] Fire Department or other officer
vested with authority at the scene of or in control
of a fire may be ~ested and upon complaint
made before the County or District Court, shall be
prosecuted for a misdemeanor.
.<\RTICLE X. TA.XA.TION Ai~'D FINAi'iCES
.
10.01. Council to control finances.
The Council shall have full authority over the
financial affairs of the City. It shall provide for the
collection of all revenue~ and other assets, the
auditing and settlement of accounts, and the
safekeeping and disbursement of public monies.
10.02. Funds.
There shall be maintained in the City treasury
a O'eneral fund and such other funds as may be
'"
required by statute, ordinance, or resolution. The
Council may, bv ordinance or resolution, make
interfund l~~ns", except from trust and agency
funds, as it may deem necessary and appropriate.
.
10.03. Duty of Council to reduce exp~nse.
If upon the report of the City Treasurer, it shall
appear that the current expenses for the portion
of the fiscal vear covered thereby have exceeded
the estimate; upon which the tax levy was based,
or that the revenues of the City are likely to fall
short of their estimated amount at the time of
making such tax lev')', the Council shall within a
reasonable time, proceed to reduce the current
exoenses of the Citv in such a manner as may be
de~med advisable, "and for that purpose may di-
minish the amount of service, reduce the force or
number of people employed in the several depart-
ments of the City, and when necessary for the
proper reduction of such expenses, may reduce
Supp. :\0. 2
CDl:IO.l
CHARTER
10.05
the salaries, or compensation of all officials and
persons employed by the City, as [the] Council
may deem expedient.
10,04. Power to Borrow Money or Incur Debt.
The City may issue bonds, certificates of in debt-
edness, or other evidences of indebtedness, as
follows:
a.
To purchase, construct, extend, improve
or maintain any public utility, as defined
by the state laws, and any property needed
in connection therewith; and such bonds,
certificates, or other evidences of indebt-
edness shall be a specific lien on the
public utility, together \vith all prGperty
used in connection therewith for which
such bonds, certificates, or other evidence
of indebtedness are issued.
For defraying the cost of making local
improvements in intersections of the
streets, alleys, and in front of property
exempt by law from special assessments
or which is not benefited by a local im-
provement, and property owned by the
City.
For defraying the cost of establishing and
maintaining a general system of sewers
and of maintaining, altering, relaying and
extending the existing system of sewers.
For the purpose of paying, funding or
refunding any bonded indebtedness of the
City, existing at the time this Charter
goes into effect, or created at any time as
authorized by this Charter.
b,
c.
d.
10.05. Powers by law.
The powers set forth in this article to issue any
form of public indebtedness shall be in addition to
.
any other power that a city may have at common
law or that is set forth in any ~Minnesota statute
that pertains to any city however organized.
10.06. Not limiting.
The issuance of any bond, certificate of indebt-
edness or other debt permitted by this article
shall not be subject to any election requirements
contained in :Minn. Stat. S 475.58.
ARTICLE XI. PUBLIC IMPROVEMENTS
AND SPECIAL ASSESSMENTS
11.01. Power to make improvements and levy
assessments.
.
The City may make any type of public improve-
ment and levy special assessments to pay all or
part of the cost of such improvements as are of a
local character. The total assessments for any
local improvement may not exceed the cost of the
improvement, including all costs and expenses
connected therewith, with interest. No assess-
ment shall exceed the benefits to the property.
11.02. Local improvement procedure.
\Vnen the City undertakes any local improve-
ment to which the state local improvement code
applies, it shall comply with the provisions of that
law. The Council may by ordinance prescribe the
procedure to be followed in making any other
local improvement and levying assessments there-
for.
ARTICLE XII. EMINENT DOMAIN
.
12.01. Authority of City.
The City is hereby empowered to take, destroy
or damage by proceedings in condemnation any
real or personal property or interest therein,
wherever situated, which rnay be needed by the
City for any public use or purpose. The necessity
for taking, destroying or damaging any property
for public use or purpose shall be first determined
by resolution of the Council, which resolution
shall in a general way describe the property so to
be taken, destroyed or damaged.
CHARTER
13.05
12.02. Procedure.
The procedure in the events of condemnation
shall be that prescribed in Minn. Stat. ch. 117 as
it now exists or is from time to time amended.
ARTICLE XIII. BOARD OF WATER
COMMISSIONERS
13.01. How created.
The system of waterworks owned and operated
by the City shall be under the control and man-
agement of a Board of Water Commissioners.
13.02. Authority.
A majority of the Board shall constitute a
quorum, and all contracts and engagements, acts
and doings of the Board within the scope of its
duty and authority shall be obligatory upon and
as binding in law as if done by the City Council.
This control and power shall be full, absolute and
exclusive over the waterworks and water plant of
the City and all parts, attachments and appurte-
nances thereto, and all apparatus and material of
every kind and description used or to be used in
operating the plant and owned and operated by
the City.
13.03. May sue and be sued.
The Board may sue and be sued, plead and be
impleaded, answer and be answered unto, appear
and prosecute to final judgement in any court or
elsewhere in its own name, and may have a
corporate seal and alter it at pleasure.
13.04. Purpose.
The purpose of the Board of Water Commission-
ers shall be to do any and all things in and about
the City which it may deem necessarj for the
proper sanitary, healthful and economical opera-
tion of all waterworks.
13.05. Membership.
The Board will consist of three (3) members
who must be voters of the City and appointed by
the City Council. Appointment to and rernoval
from the Board shall be pursuant to Section 15.08
CDl:ll
13.05
STILLWATER CODE
of this Charter. Appointments, except appoint-
ments to vacancies, are for a term of three (3)
years. Vacancies in the Board from any cause
other than expiration of term of office must be
filled by appointment to the unexpired term. Each
member of the Board must serve without compen-
sation, must qualify by subscribing to filing an
oath in the office of the City Clerk that the
member will faithfully and impartially perform
the duties of the office. A term of office will
continue until a successor is appointed and qual-
ified.
(Ord. No. 822, 5-21-96)
13.06. Officers.
Upon taking effect of this Charter, and in each
year after the expiration of the term of any
member thereof, and the qualifying of a successor,
the Board shall eled one ofits members president
of the Board, and one of its members vice-
president of the Board.
13.07. Secretary.
The Board shall appoint a secretary of the
Board who shall hold office at the pleasure of the
Board and shall have duties and responsibilities
as set forth by the Board, including to collect and
receive and promptly pay to the treasurer of the
Board all monies due on account and to keep
accurate record in books kept for the purp<>se of
all the proceeding and business of the Board.
13.08. Treasurer.
The City Treasurer shall be ex officio treasurer
of the Water Board, and it shall be the treasurer's
duty to receive all monies which may be paid on
account of said Board of Water Commissioners
from any source whatsoever. All monies so re-
ceived shall be kept by the treasurer in a fund
known as the Waterworks Fund and separate
from all other monies of the City, and shall be
paid out only upon the orders of the Board signed
by the President. The City Treasurer may receive
additional compensation fixed by the Board for
the services performed pursuant to this article.
CDl:12
.
13.09. Powers.
Powers of the Board shall include, but are not
limi ted to:
a. Prescribe the number of employees, their
duties and functions, compensation, and
termination as far as is within the laws of
the State of Minnesota.
b. Operate the waterworks and plants of the
City and to extend, add to, change or
modify the plant or any part thereof.
c. Buy all material and employ all help
necessary to make, extend, add to, change
or modify the plant or any part thereof.
d. Buy all necessary fuel and supplies.
e. Make bylaws and regulations, not incon-
sistent with the law, or this Charter, for
the government of its officers and employ-
ees, for the control and management of
the plant and portions thereof and for the
rerulation and transaction of the busi-
b
ness entrusted to them.
f. Require payment in advance for water or
service furnished by it and to shut off the
water from such premises until arrears,
with interest and costs, have been fully
paid.
g. Fix and determine rates and conditions
and regulations of use of water furnished
and prevent waste thereof.
h. Use the grounds, or soil under any road,
railroad, railway, or public place or any-
where for the purpose of constructing,
enlarging, repairing the waterworks of
the City, on condition that it shall cause
the surface of such to be restored to its
original state and all damages done thereto
repaired, provided that the Board shall
respect and obey all ordinances of the
City.
1. Issue, or cause to be issued by resolution
of the Board, certificates of indebtedness
in anticipation of collection of any front-
age tax assessed or to be assessed, on
account of any extension or addition. It
shall be issued under the seal of the
.
.
.
J.
Board. No part of the monies arising from
the sale of any certificates shall be used
for any other purpose than that of the
extension or addition or improvement for
which such certificates were authorized.
Required to restrain and prevent any and
all wastage of water, whether occurring
under public or private use, and to that
end may do what in its judgment may be
proper. In case of default, refusal or ne-
glect of conditions or regulations, to dis-
continue the furnishing of water to any-
one so offending.
13.10. Limits of powers.
The Board shall not sell, lease, rent or in any
way dispose of or incumber the property, land, or
equipment, etc., over which it has control. The
Board shall not require payment for water fur-
nished for all public purposes to the City and its
Boards.
.
13.11. Certificates not to be indebtedness of
City.
None of the certificates of indebtedness issued
by the Board, shall be deemed nor taken to be a
part of the indebtedness of the City within the
purview of any law limiting the amount of any
bonded or other indebtedness of the City. Never-
theless, the full faith and credit of the City is
irrevocably pledged to the full payment of such
certificates and interest.
13.12. Annual Statements.
The Board shall cause its books and accounts to
be kept and maintained in accordance with sound
practice and the law, and shall prepare and de-
liver to the Council the statements as required or
requested.
.
13.13. Continuance.
The Board of Water Commissioners constituted
under the provisions of this article shall be deemed
a continuation of, and the successor-in-interest of
the fonner Board of Water Commissioners, con-
stituted under the provisions of Chapter 21, Laws
of Minnesota, 1911, and contracts, obligations
CHARTER
15.01
and liabilities entered into, and all work begun by
the former Board prior to the taking effect of this
Charter shall be continued, carried on, and com-
pleted by the Board constituted by this Charter.
Also, the present members of the former Board,
upon the taking effect of this Charter, shall each
continue to hold the office until the expiration of
the time for which the member was appointed,
and the Board shall constitute the Board of Water
Commissioners under this article.
ARTICLE XIv. LIBRARY BOARD
14.01. Continuance.
The Stillwater Public Library Board shall con-
tinue in full force and effect as it now exists under
the authority of Chapter 46, Laws of Minnesota,
1945, and all ordinances and resolutions of the
City enacted to carry the law into effect.
14.02. Members to continue.
The members of the present Board shall con-
tinue to hold office until the expiration of the time
for which they were appointed.
14.03. Appointment and removal.
Appointment to and removal from the Board
shall be pursuant to Section 15.08 of this Charter.
COrd. No. 822, 5-21-96)
14.04. Annual statement.
In addition to the annual report required by
law, the Board shall, upon request of the Council,
prepare and deliver to the Council statements of
its financial condition.
ARTICLE xv: GENERAL PROVISIONS
15.01. City to succeed to rights and obliga-
tions of former city.
The City shall succeed to all the property,
rights and privileges, and shall be subject to all
legal obligations of the City under the former
Charter.
CD1:13
15.02
STILLWATER CODE
15.02. Existing ordinances continued.
All ordinances and regulations of the City in
force when this Charter takes effect and not
inconsistent with this Charter are continued in
full force and effect until amended or repealed.
15.03. Pending condemnations, improve-
ments and assessments.
Any condemnations, improvement, or assess-
ment proceeding in progress when this Charter
takes effed shall be continued and completed
under the laws under which such proceedings
were begun. All assessments made by the City
prior to the time when this Charter takes effect
shall be collected as if this Charter had not been
adopted.
15.04. Ordinances to make Charter eff~-
tive.
The Council shall by ordinance, resolution or
other appropriate action, take such steps as may
be necessar.l to make effective the provisions of
this Charter.
15.05. Present officers continued.
The present officers of the City shall continue
in their respective offices and functions and shall
continue to govern the City under the laws and
Charter previously in effect until the officers
provided for by this Charter have been elected
and qualified.
15.06. Eff'e<:tive date.
This Charter becomes effective April 1, 1987.
15.07. ApJ>Qintment of Charter Commission
Members.
Notice of vacancies on the Charter Commission
rnust be published in the City's official publica-
tion and mailed to all Charter Commission mem-
bers a minimum of ninety (90) days prior to the
expiration of a Charter Cornmission member's
term or upon a vacancy occurring on the Commis-
sion. The vacancy rnust be filled by appointment
of the Chief Judge of the Tenth Judicial District
pursuant to !YIinn. Stat. ~ 410.05, and if the Chief
Judge fails to appoint new commission members
within thirty (30) days, then thereafter the City
Council may appoint new members unless, within
the thirty (30) day period, the Chief Judge indi-
cates in writing to the City Council an intention
to appoint new members, in which case the Chief
Judge will have an additional sixty (60) days to
make the appointment.
(Ord. No. 822, 5-21-96)
.
15.08. Appointment to and removal from all
other Boards and Commissions.
Except for the Charter Commission or where
the method of appointment is controlled by State
law, appointment to Boards and Commissions
must be made by majority vote of the Council,
however, removal must be by [a] 415th vote of the
Council.
COrd. No. 822, 5-21-96)
15.09. Notice of Vacancies.
Notice of vacancies on Boards and Commis-
sions must be published in the City's official
publication a minimum of thirty (30) days before
a vacancy is filled.
(Ord. No. 822, 5-21-96)
.
[ARTICLE XVI.] CITY OWNED LAND
16.01. [Application of article.]
All land now or hereafter owned by the City of
Stillwater that:
1. Is within 1-linnesota or Wisconsin that
borders on the St. Croix River shall not be
sold, leased, disposed of, developed or
have its character substantially changed
or altered unless done in compliance with
this chapter [article]; or,
2. Has been dedicated or devoted to park,
recreational, open space or natural use,
including the ravines of the City, shall not
be sold, leased, disposed of or developed or
used in any manner inconsistent with
park, recreational, open space, natural
.
CDl:14
.
CHARTER
use or have its character substantially
changed or altered unless done in compli-
ance with this chapter [article].
COrd. No. 789, ~ 1, 5-17-94)
.
16.02. [Sale, use or disposal of properly.]
The Council shall prepare a summary of not
less than 50, but not more than 300 words setting
forth in substance the nature of the proposed sale,
use or disposal, including not by way of limita-
tion, price, term, date of possession and intended
use of the proposed sale, use or disposal. The
summary, which shall include a plain English
description and a map providing a visual descrip-
tion of the property, shall be published once each
week for four successive w~ks in the legal news-
paper of the City, and thereafter the City Council
shall conduct a public hearing on the proposal.
Thereafter, the Council may, by affirmative
vote of 4/5ths of its members, adopt an ordinance
authorizing the sale, use, change of character or
disposal of the property. If the ordinance is passed,
it shall not be effective until 30 days after its
publication or at such later time as is fixed in the
ordinance. Within the 30-day period, a petition
requesting a referendum on the ordinance may be
filed with the City Clerk. The petition shall be
signed by qualified voters equal in number to two
percent of the total number of voters who cast
votes in the City at the last state general election.
If the required petition is filed within the
30-day period, the ordinance shall not become
effective until it is approved by the voters of the
City at a general or special election. The form of
the question shall be fixed by the Council. If a
majority of the votes cast on the question are in
favor of its adoption, the ordinance shall pass and
shall take effect 30 days from the date of the
election.
COrd. No. 789, ~ 1,5-17-94)
/- 1....1
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.
CDl:15
16,02
.-
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""-' ~ ~'-.,
J
'EGULAR NIEETING
CITY OF STILL\VATER
CITY COUNCIL MEETING NO. 00-3
February 1, 2000
4:30 P.wI.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Also present:
Councilmembers Bealka, Cummings and Mayor Kimble
Councilmembers Zoller and Thole
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police ChiefDauffenbach
Community Development Director Russell
City Engineer Eckles
Fire ChiefKallestad
Building Official Zepper
Public Works Superintendent Thomsen
City Clerk Weldon
Administrative Assistant Kadin
Press:
Julie Kink, Courier
OTHER BUSINESS
. 1. Dave Eckberg, St. Croix Events, Inc. - Update on Lumberjack Days 2000.
Dave Eckberg presented a tentative schedule of events for the Lumberjack Days 2000, to be held July 27
through July 30, 2000. He also presented a request for financial support for both Lumberjack Days and the
Fourth of July fireworks. He requested the following for the Fourth of July: 1) contribution of $9000 to
defray cost of fireworks, 2) City act as conduit for contributors, specifically the Margaret Rivers Fund; and
3) exclusive use of Lowell Park and Pioneer Park on July 4th. The following was requested for Lumberjack
Days: 1) $6000 for parade, 2) $6000 for fireworks, 3) exclusive use of Lowell Park and Pioneer Park during
celebration, 4) temporary on-sale liquor license (four days) under same guidelines developed in 1999, and 5)
same services as provided in 1999.
Mr. Eckberg stated his request for exclusive use of both Pioneer and Lowell Parks on the 4th of July is for
the purpose of coordinating vendors and maintaining sponsor integrity.
Council directed staff to prepare an agreement for approval by Council at the February 15th meeting.
Motion by Councilmember Bealka, seconded by Councilmember Cummings approving the funding request for
Lumberjack Days 2000, contingent upon approval and execution of agreement. All in favor.
STAFF REPORTS
. Police Chief Dauffenbach reported he has received the resignation of Davin Miller, effective February 1 st.
He served the City for 10 years and will now be taking ajob in the private sector. Testing is underway to
fill the position. Police ChiefDauffenbach will bring a recommendation to Council in approximately six
weeks,
~
City Council Meeting No. 00-03
February 1,2000
j
Community Development Director Russell reported the Joint Board will be meeting February 17th in the
Council Chambers. .
Mr. Russell also reported he will be attending a Metropolitan Council transit workshop this evening. He
requested Council consider the proposal for a master park and trail plan for the territorial prison site at this
time.
(new business item No.1, taken out of order)
1. Proposal for Master Park and Trail Plan for Territorial Prison site.
Community Development Director Russell presented a proposal from Amy Stefan of Stefan Associates and
Brent Peterson, historian, for the preparation ofthe master plan. In his memo to Council, he stated they are
familiar with the site and worked together on the preparation of the Pioneer Park Plan. If approved, the
planning process would be completed by May, 2000. The fee for design services and historical research
would be S7800, plus reimbursable expenses. If additional services are requested, they would be an hourly
rate of $75 per hour for principal time and $55 per hour for associate time.
The Planning Commission, Parks and Recreation Board, and Historic Preservation Commission would have
input in the plan preparation and review. Community Development Director Russell also noted a memo
from Ed Cain, Legislative Associates, indicated the plan would be very important as a visual when
attempting to gain legislative funding for the repair of the prison wall.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 2000-45 .
approving agreement with Stefan Associates and Brent Peterson for preparation of Master Park and Trail Plan
for territorial prison site.
Ayes:
Absent:
Nays:
Councilmembers Bealka, Cummings and Mayor Kimble.
Councilmembers Zoller, Thole
None.
(STAFF REPORTS - continued)
City Engineer Eckles reported staff is continuing to study the issue of the installation of guardrails on
Boutwell. They have been looking at the cost, drainage problems, and the alignment as it intersects Co. Rd.
12. They are also investigating if a rail would be a greater hazard to drivers. There may be a need for
intersection improvement. It will be several weeks before staff will be able to make a recommendation to
Council.
City Engineer Eckles also reported staff is working on a proposal for neighborhood cost sharing for the Deer
Path traffic calming. Council requested a neighborhood meeting be held.
Mayor Kimble noted he has received numerous contacts from residents regarding the paved trail in the
McKusick Ravine Project. He asked if rock or wood chips were a viable alternative. City Engineer Eckles
stated it \vould limit the use of the trail by the elderly, families with strollers, and those with disabilities. In
addition, it would be harder to maintain. .
Mr. Eckles stated staff would hold a public meeting when the plans are done.
2
City Council Meeting No. 00-03
February 1, 2000
.
Public Works Superintendent Thomsen noted three public works department reclassifications were on the
consent agenda.
Mayor Kimble stated Council has received communication from the Parks and Recreation Board concerning
the reorganization of the department. The Board is concerned that with the additional duties now assigned
to TimThomsen as Public Works Superintendent, the attention to the parks would be affected. The Board
was requesting consideration of hiring a degreed Parks Director.
City Engineer Eckles explained Mr. Thomsen's previous position as Parks Director was centered on
maintenance. He has provided recommendations on park planning. Park planning is currently being
accomplished by the Planning and Engineering Departments with assistance, as needed, by landscape and
recreation specialists.
Mr. Eckles suggested that Council look not only at the position of Park Director, but also look at the mission
of the Parks and Recreation Board.
City Attorney Magnuson reported the ordinance establishing the duties of the Park Board envisioned the
Board planning recreation programs. This function is performed by the school district. He suggested a new
ordinance be drafted that would embody the role of the Park Board.
Motion by Councilmember Cummings, seconded by Councilmember Bealka directing Community
Development Director Russell, City Engineer Eckles, Public Works Superintendent Thomsen, City Coordinator
~esel, and Parks and Recreation Board Chair Del Peterson to develop an analysis and report on staffing needs
wu the role of the Parks Board. All in favor.
Fire Chief Kallestad informed Council the Fire Department will be purchasing ten jackets out of their
general operating budget. The jackets are constructed with a blood-borne pathogen barrier, are washable,
and cost $160 each. They will be worn for duty purposes only, not for personal off-duty time. There would
be one for each full-time staff member and three extras for people that work shifts. The goal is to have the
entire department outfitted within the next two years.
Building Official Zepper distributed an inspection data report.
City Coordinator Kriesel reported various employee groups are requesting the City obtain bids for a
mandatory participation plan that would provide single dental coverage for all employees. Currently the
City provides a voluntary participation plan. The City pays up to $10 per month toward the plan, but this
coverage only includes employees who are receiving single hospital/medical coverage because the
contribution for dental coverage is tied to the dollar limit related to group hospital/medical insurance. The
City cost would be $20-$22 per employee per month for a mandatory plan. Bids have been requested and
will be received for presentation to Council on February 15th.
Motion by Councilmember Bealka, seconded by Councilmember Cummings approving the contribution of up to
$22 per month per employee for City sponsored group dental plan. All in favor.
.
City Coordinator Kriesel recommended the Council consider a first reading of an ordinance establishing
rules for using City right-of-way. Mr. Kriesel stated he had recently been contacted by a wireless internet
service provider and that the provider needed to use light poles that were within the right-of-way area for the
system. Mr. Kriesel was concerned that the City would receive a number of similar requests for the use of
3
City Council Meeting No. 00-03
February 1,2000
right-of-way areas and that the City should establish official controls to help deal with the issue. Mr.
Kriesel also stated that City Engineer Eckles has nearly completed an appropriate ordinance. .
Motion by Councilmember Bealka, seconded by Councilmember Cummings to have a first reading of an
ordinance regulating use of City right-of-way.
Ayes:
Absent:
Nays:
Councilmembers Bealka, Cummings and Mayor Kimble.
Councilmembers Zoller, Thole
None.
City Coordinator Kriesel reported the Wild, the new professional hockey team, is looking for a practice and
training facility. The Wild needs two sheets of ice and a 20,000 square foot training and meeting room
facility. The City will have the two sheets of ice but would have to construct the training and meeting
facility. According to the information the City received, the Wild might pay for the facility. The Wild is
asking that interested parties submit a proposal to them by February 18,2000. Mr. Kriesel said the proposal
deadline does not give the City much time to prepare a proposal, but he would attempt to put a proposal
together if the City Council thinks this would be in the best interest of the City.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to direct staff to prepare a proposal
for submission to the Wild for a practice and training facility. All in favor.
Recessed at 6:03 p.m.
RECESSED lVIEETING
7:00 P.M.
.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Also present:
Press:
Councilmembers Bealka, Cummings, Thole and Mayor Kimble
Councilmember Zoller
City Coordinator Kriesel
City Attorney Magnuson
Police ChiefDauffenbach
City Engineer Eckles
F ire Chief Kallestad
City Clerk Weldon
Julie Kink, Courier
Mark Brouwer, Gazette
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the minutes of the
January 18, 2000, Regular Meeting and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
.
1. Commending Bruce Klosowsky for over twenty-nine years of service - Police Department.
4
City Council Meeting No. 00-03
February 1,2000
Mayor Kimble presented a plaque to Bruce Klosowsky for over twenty-nine years of service to the City.
. Mr. Klosowsky retired from City service on January 31, 2000.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 2000-46
commending Bruce Klosowsky for over twenty-nine years of service the City.
Ayes:
Absent:
Nays:
Councilmembers Bealka, Cummings, Thole and Mayor Kimble.
Councilmember Zoller
None.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda. All in
favor.
I. Resolution 2000-35: Directing Payment of Bills
2. Authorization for two personnel to attend annual Minnesota State Fire Department Association (MSFDA)
conference - June 7-11, 2000
3. Resolution 2000-36: Full-time employment of Nick Chaves as Assistant Public Works Superintendent
4. Resolution 2000-37: Reclassification of Jeff Dionisopoulos from LaborlMaintenance Worker to Light
Equipment Operator.
5. Resolution 2000-38: Reclassification of Scott Schmidt from Junior Parkkeeper to Parkkeeper.
6. Hang banner - Christmas at the Courthouse, Nov. 18-19,2000
. Resolution 2000-39: Promotion of Chris Felsch to Sergeant, effective February 15,2000 - Police
Department
8. Resolution 2000-40: Full-time employment of Dave Koehnen as Police Officer, effective February 15,
2000
9. Authorization for Captain Tom Linhoffto attend International Association of Arson Investigators
Conference - March 22-24, 2000
10. Authorization for City Clerk to attend MCFOA annual conference, March 7-10, 2000
11. Resolution 2000-41: Permanent employment of Ron Erickson as Building Maintenance Worker II,
effective 2/9/00
12. Authorizing transfer of $4000 from general fund to Special Events fund and the transfer of remaining funds
in Territorial Prison Sesquicentennial fund to general fund
13. Full Moon sponsorship - City of Stillwater Chamber of Commerce Blue Moon fundraiser
14. Resolution 2000-42: Lateral transfer of Gary Fullerton from Mechanic's Assistant to Heavy Equipment
Operator
15. Resolution 2000-43: Reassignment of Lee land (Ken) Gilliam from firefighter/engineer to fire lieutenant
16. Resolution 2000-44: Purchase of Minolta single-user document imaging system
17. Approval of request by Matt Brine to hold Brine's Bocce-Ball Tournament on Saturday, February 12
UNFINISHED BUSINESS
1. Possible second reading of Ordinance No. 888 amending City Code Chapter 48, regulating use of
motorized watercraft on McKusick Lake.
. Mayor Kimble stated the amendment would add McKusick Lake to the ordinance already covering Lily
Lake.
5
City Council Meeting No. 00-03
February 1,2000
Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of
Ordinance No. 888 amending City Code Chapter 48, regulating use of motorized watercraft on McKusick Lake
Ayes:
Absent:
Nays:
Councilmembers Bealka, Cummings, Thole and Mayor Kimble.
Councilmember Zoller
None.
2. Ordering preparation of report for 2000 Street Improvements.
City Engineer Eckles reported that as a follow-up to Council's decision to table the Forest Hills Street
Reconstruction, a letter and questionnaire is being prepared to get neighborhood input. Results will be
presented at a later Council meeting.
He presented revised staff recommendations for the 2000 Street Improvement Project. Recommended for
the project are Maple and Laurel Streets from Owens to Fourth Streets and the adjacent side streets of
Williams, Everett, and Fifth Streets.
Staff recommends the preparation of a feasibility study for street, sidewalk, sanitary and storm sewer
improvements for Maple and Laurel Streets between Owens and Fourth Streets and the adjacent side streets.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 2000-47
ordering the preparation of a report for 2000 Street Improvements, Project 200006, for the project area of Maple
and Laurel Streets from Owens to Fourth Streets and the adjacent side streets of Williams, Everett, and Fifth
Streets. .
Ayes:
Absent:
Nays:
Councilmembers Bealka, Cummings, Thole and Mayor Kimble.
Councilmember Zoller
None.
NE\V BUSINESS
1. Proposal for Master Park and Trail Plan for Territorial Prison site.
Action was taken at the 4:30 meeting.
COMMUNICA TIONS/REQUESTS
1. Kevin vonRiedel, Bruggeman Homes - study related to annexation of three parcels in fourth phase
annexation area.
A letter was received from Bruggeman Homes offering to undertake the study, with staff input, of the
area affected by their proposal. The suggested study area, based on trunk sewer location, would be the
triangular shaped area formed by Boutwell Avenue, CSAH 12 and the trunk sewer line to the east of the
Minor subdivision.
Staff will review the request of Bruggeman Homes.
.
2. Adam Josephson, Project Manager, MnDOT - Highway 36 St. Croix River Bridge Update.
6
City Council Meeting No. 00-03
February 1,2000
.
The letter from Mr. Josephson summarized how MnJDOT intends to proceed with the planned
improvements to Highway 36 in conjunction with the new river bridge.
3. Mary A. Scheel- McKusick Ravine Project maintenance road.
In her letter, Ms. Scheel expressed concerns regarding the plan to cut a paved maintenance road in to the
ravine as part of the McKusick Ravine Project. The road would detract from the natural aesthetics of the
ravme.
This topic was discussed at the 4:30 meeting. A public meeting will be held when project plans are
completed.
ADJOURN~IENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 7:38 p.m. to executive
session to discuss pending condemnation of land. All in favor.
Mayor
Attest:
City Clerk
.
Resolution 2000-35: Directing Payment of Bills
Resolution 2000-36: Full-time employment of Nick Chaves as Assistant Public Works Superintendent
Resolution 2000-37: Reclassification of Jeff Dionisopoulos from LaborlMaintenance Worker to Light
Equipment Operator.
Resolution 2000-38: Reclassification of Scott Schmidt from Junior Parkkeeper to Parkkeeper.
Resolution 2000-39: Promotion of Chris Felsch to Sergeant, effective February 15,2000 - Police Department
Resolution 2000-40: Full-time employment of Dave Koehnen as Police Officer, effective February 15,2000
Resolution 2000-41: Permanent employment of Ron Erickson as Building Maintenance Worker II, effective
2/9/00
Resolution 2000-42: Lateral transfer of Gary Fullerton from Mechanic's Assistant to Heavy Operator
Resolution 2000-43: Reassignment of Leeland (Ken) Gilliam from firefighter/engineer to fire lieutenant
Resolution 2000-44: Purchase of Minolta single-user document imaging system
Resolution 2000-45: Approving agreement with Stefan Associates and Brent Peterson for preparation of
Master Park and Trail Plan for territorial prison site.
Resolution 2000-46: Commending Bruce Klosowsky for over twenty-nine years of service the City.
Resolution 2000-47: Ordering the preparation of a report for 2000 Street Improvements, Project 200006, for
the project area of Maple and Laurel Street from Owens to Fourth Street and the adjacent side streets of
Williams, Everett, and Fifth Street.
t.dinance No. 888: Amending City Code Chapter 48, regulating use of motorized watercraft on McKusick
Lake.
7
. MEMO
Date:
Mayor and City Council
Steve Russell, Community Development Director (1./
Request Washington County for Use of McKusick Road Wetland Mitigation Site for
Park Use
February 10,2000
To:
From:
Subject:
The City recently completed purchase of the Larson and Huntsman properties as part of the
Brown's Creek Park and Natural Area (see map). Washington County owns the last remaining
parcel in the park area north of the railroad tracks.
It is recommended the City Council send a letter to the County Board of Supervisors stating the
intended park purpose and requesting use of the County owned site for park purposes. Much of
the site is a created wetland.
Recommendation: Direct preparation of letter requesting use of Washington County owned
McKusick Road mitigation site.
.
Attachment: Map
.
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THE BIRTHPLACE OF MINNESOTA J
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February 10, 2000
Mr. Dale Holmuth
Minnesota Department of Natural Resources
Metro Waters
1200 Warner Road
St. Paul, MN 55106-6793
Subject:
McKusick Lake Control Elevation
Dear Mr. Homuth:
As you know, the City of Stillwater recently completed a management plan for McKusick Lake. This
plan included input from a technical advisory committee that included members ofthe DNR, Browns Creek
Watershed District, the City and local residents. In reviewing McKusick Lake and interviewing local area
residents, it has become apparent that the lake has been operated at an elevation approximately one (1) foot
higher than the original control elevation for many years. The local area residents indicated that they
unanimously support operating McKusick Lake at its current elevation. In earlier conversations, the DNR
indicated that in order to do so it would be necessary to acquire flood easements from every lakeshore property
.wner.
The City of Stillwater is currently designing and constructing portions of the $4,000,000 Trout Stream
Mitigation Plan to protect Browns Creek from urban development impacts. Part of this plan includes managing
McKusick Lake to reduce warm water flows to Browns Creek. The DNR has supported this Trout Stream
Mitigation Plan and has assisted Stillwater by constructing a portion of the Trout Stream Realignment and
approving a low interest loan to Stillwater to assist in financing this project. The current plan that is in the
design process now contemplates McKusick Lake being operated at its current elevation. All of the lake owners
have indicated they would grant the City a flood easement to allow the lake to remain at its current elevation.
Stillwater is currently in the process of developing these flood easements and anticipates gaining the signatures
of property owners over the next three months.
In a recent conversation, you indicated that the City should formally request that the DNR approve this
modification in the management plan for McKusick Lake. Therefore, on behalf of the City of Stillwater, I
formally request that the Department of Natural Resources authorize the City of Stillwater to permanently raise
the control elevation ofMcKusick Lake by one foot.
If you anticipate any significant difficulties in this matter, please contact me (651-430-8831) as soon as
possible as this will have an impact on the City's current design process.
Si~.ccJfe elY. ,.Ii.
~4JJJ2
alayton ECkl~~, P.E.
City Engineer
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
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TH;:='RTHPLACE OF MINNESOTA ~
.
February 10, 2000
IF'
~;;,.
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-~
Browns Creek Watershed District
1825 Curve Crest Boulevard
Stillwater, MN 55082
Subject:
Exception from Section 2 of the Browns Creek Rules
Dear Browns Creek Watershed District Board:
The City of Stillwater is in receipt of your recently adopted rules. Although the City has some
philosophical differences with the rules as adopted, we would like to proceed with addressing some of
the procedural issues on the rules immediately. Specifically, Section 2.0 of the rules includes Section
2.7.4 that provides for the possibility of exceptions from the storm water management rules in the case
of a regional treatment facility.
The City of Stillwater has designed and constructed a portion of a regional treatment facility
covering all areas of the City's expansion area and portions of neighboring communities. This plan has
been supported by the district and the district has lobbied for state funding assistance and passed a .
resolution in support of the project. The project has been analyzed by Stillwater's engineering
consultant as well as the BCWD engineering consultant. Both consultants have found that the project
meets the design criteria for all the areas in Stillwater. Stillwater and the Department of Natural
Resources already have a significant investment in this project. The development that has occurred in
the Stillwater expansion area to date has been in accordance with the Stillwater AUAR Trout Stream
Mitigation Plan.
Therefore to expedite this process and avoid any legal issues concerning the City's developer
impact fee as it relates to the City's alternative regional treatment system, the City of Stillwater requests
that the Browns Creek Watershed District pass a resolution accepting the Stillwater AUAR Trout Stream
Mitigation Plan as an approved regional treatment system, exempting the City of Stillwater from Section
2.0 of the Browns Creek Watershed District Rules.
I anticipate attending a Browns Creek Watershed District meeting to present this issue and
respond to any questions or concerns.
Klayton Eckles
City Engineer
KE:dfw
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CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
,
,
.
.
.
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Memorandzlm
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February 9, 2000
TO:
Steve Russell
Community Development Director
lL~/
FROM:
Klayton H. Eckles
City Engineer
SUBJECT:
Issues Concerning Development in the Phase IV Annexation Area
DISCUSSION:
Recently the City has received requests for early annexation of properties in the Phase IV
area. Some of the landowners of larger parcels have indicated a desire to begin urban development
in area that was slated to become part ofthe City in 2015. Although the Engineering Department is
not opposed to this possibility, it does bring some serious issues and demands upon the Engineering
Department. Currently, there are no conceptual plans for extending trunk utilities into these
undeveloped areas. Also, there are concerns regarding staffing levels required to review, oversee,
and manage the current level of development growth as well as possible development in Phase IV.
Finally, we do not have a policy for dealing with property owners that wish to come into the City
early.
The first area of concern is in the area of proper planning for trunk public improvements for
the expansion area. When the City completed its Comprehensive Plan Update and Trunk Utility
Studies for the area, no specific analysis was done for Phase IV. Since landowners in Phase IV were
predominately opposed to annexation and the possibility of urban development, Phase IV was left
for future study. Therefore, we have no comprehensive concept for providing trunk sanitary sewer,
water, street and storm water management facilities to this area. Specifically, it would be important
that sanitary sewer be installed in such way that lift stations are not required and proper depth is
provided to all properties in Phase IV. For the watermain, it will be necessary to insure that looping
is completed and that initial developments install the necessary pipe and systems to accommodate
later developments. Storm water management is another essential area. A comprehensive storm
water management plan will be needed for Phase IV including additional trout stream mitigation
measures. The City's original Trout Stream Mitigation Plan used the City's Comprehensive Plan to
determine densities, so Phase IV did not include urban type density. There is also a need to examine
the ultimate street design and circulation patterns. It is anticipated that Boutwell Avenue will
,
,
February 9, 2000
eventually become a Municipal State Aid street, which requires careful planning. Finally, we have .
not considered the needs or locations of parks and trailways for neighborhood and citywide benefits.
Another area of concern is the demands which additional development, especially unplanned
development, will put on City staff and consulting services. Currently, the City is overseeing
Liberty 15\ 2nd, 3rd, and 4th Additions, Legends 15t and 2nd Additions, Stillwater Crossings, Long
Lake Villas, and Creekside Crossing. In addition, developers Bradshaw and US Homes are in the
initial stages of the development process. Each of these developments requires Engineering staff to
complete the following:
· Review preliminary plat and impact on existing utility systems
· Review wetland, shoreland, woodland, slope area, right-of-way, adjoining private property,
grading plans and erosion impacts.
· Review final plat, easements, conservation areas, and trailway plans
· Confer with state, county and watershed organizations to obtain comments
· Review and develop plans and specifications for utilities, streets and storm sewer design
· Develop a developer's agreement to manage and regulate development issues
· Determine and collect development fees and impact charges
· Oversee and enforce local, county and state development regulations
· Inspect and oversee installation of public improvements
· Review site and building plans
In addition to Engineering requirements there are also staffing requirements on the part of .
planning, administration, finance and attorney's office.
The final concern staff has regarding development of Phase IV is the City's policy, or lack
thereof, regarding control and rate of development. The Orderly Annexation Agreement only set
forth the possibility of early annexation. The City of Stillwater has not developed a policy for
allowing or considering these early annexations. To date the City has only accepted only one
development (Creekside Crossing) as an early orderly annexation north of County Road 12. This
was because trunk utilities had to be installed through this property and the City and the Developer
benefited by the early annexation. The Orderly Annexation Agreement leaves it completely at the
City's discretion. Without a policy or a set of guidelines, it is quite difficult for staff to react to all of
the various possible development scenarios.
The current request from Kevin V onRiedel has merit in that it includes an area greater than
just one parcel. However, given all of the existing development and demands on City staff and the
potential for additional Phase I, II and impending III developments I would recommend that
development in Phase IV be curtailed until earlier development phases have been completed, there is
more staff time, planning studies for Phase IV have been completed and the City has a policy or
guideline in place for reviewing Phase IV early annexations.
2
.
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.
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";;-;-"",, CE " . '". EO o~
FYI
February 15,2000
Mr. Tom Melena
City of Oak Park Heights
14168 5ih Street N
P.O. Box 2007
Oak Park Heights, MN 55082
Subject:
Oak Park Heights Participation in
Stillwater Trout Stream Mitigation Project
Dear Mr. Melena:
.
Over the course of the past year, Stillwater City staff has been in contact with
members of Oak Park Heights to discuss the possibility of their participation the
Stillwater Trout Stream Mitigation Project. It is our understanding that Oak Park Heights
is still dealing with financial issues associated with the participation in this project. The
financial concerns are serious. For every undeveloped acre of property, we anticipate a
$4,000-$5,000 development impact fee. At the present time, it is still possible to include
Oak Park Heights in the design process for the Trout Stream Mitigation Project.
However, the purpose of this letter is to resolve this issue quickly as these opportunities
are rapidly diminishing.
The City of Stillwater is currently designing portions of the mitigation project. It
is anticipated that a significant piece of this project will be constructed in the year 2000.
Oak Park Heights' decision to participate in this project will have direct and indirect
impacts on the design of the Stillwater Trout Stream Mitigation Project and other
mitigation efforts. Therefore, the City of Stillwater requests that Oak Park Heights
determine whether it will participate in the Stillwater Mitigation Project, proceed under
the regulation of the Browns Creek Watershed District Rules, or develop some other
management strategy. We anticipate completing the plans and specifications for this
year's portion of the Trout Stream Mitigation Project in April. Therefore, we request a
determination from Oak Park Heights before May 1.
.
Enclosed you will find a letter from the City of Stillwater to the Browns Creek
vVatershed District that requests exception from Section 2.0 of the Browns Creek Rules.
If our cities can reach an agreement on the Trout Stream Mitigation Project and
determine an appropriate cost sharing strategy, I would suggest that Oak Park Heights
consider requesting a similar exception. As a final note, I would add that Stillwater City
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
Mr. Tom Melena
City of Oak Park Heights
February 15,2000
Page Two
staff has been in contact with the Browns Creek Watershed District engineers to discuss
the impact of rules on development in Stillwater. The engineers demonstrated these
impacts by completing an analysis of an actual development in Stillwater using the
Browns Creek District Rules. Although the developers may find the BCWD rules
onerous, in some instances they may prefer the rules to the Stillwater Impact Fee of
$5,000 per acre for commercial development. We worked with Bret Emmens of EaR to
complete this mock review.
If you have any questions regarding this letter, or wish to discuss the matter
further, please contact me at 430-8831.
Sincerely, /' j
~ tfft------~
Klayton Eckles, P .E.
City Engineer
cc: Browns Creek Watershed District
e'
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,
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"~ ~
-- ~
THE BIRTHPLACE OF MINNESOTA J
FYI
February 15,2000
Mr. Tom Melena
City of Oak Park Heights
14168 5th Street N
P.O. Box 2007
Oak Park Heights, MN 55082
Subject:
Oak Park Heights Participation in the Long Lake Water Quality
Improvement Project
Dear Mr. Melena:
.
As you are aware, the City of Stillwater completed a Market Place Surface Water
Management Study and a Long Lake Water Quality Improvement Plan. From these
studies, the City of Stillwater developed a project that included the construction of a large
water quality improvement pond north of 62nd Street and west of County Road 5. This
pond receives water from large portions of Stillwater and Oak Park Heights. The purpose
of the pond is to provide additional NURP pond enhancements to improve phosphorus
and sediment removal. Also, the pond restricts the rate of flow and eliminates significant
erosion that was occurring near Long Lake. Since areas of Stillwater and Oak Park
Heights contribute to this pond, it was determined that it would be appropriate for
Stillwater to ask Oak Park Heights to participate.
The original calculations estimated that this project could approach $700,000.
Constructing this project in conjunction with a Municipal State Aid project and a
neighboring development project resulted in significant cost savings. Consequently, the
project was constructed for $305,720.63. The engineering and overhead fees amounted
to 30% of the construction cost for a total project cost of$397,436.
.
The City of Stillwater requested that our engineers calculate the inputs from the various
contributing areas and determine cost sharing percentages. This analysis yielded some
surprising information. Although Oak Park Heights has a large area contributing
(approximately 1/3 the area), the detention ponds in Oak Park Heights do a good job of
holding down the peak flow and reducing phosphorous and sediment. Therefore, the
most favorable method of analyzing the Oak Park Heights share would be to use a peak
flow rate. Using this method, Oak Park Heights contributes 11 % ofthe peak inflow into
the Market Place Pond on the west side of County Road 5. The Market Place Pond
provides additional reductions in the peak flow from Oak Park Heights and Stillwater.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
,
Mr. Tom Melena
City of Oak Park Heights
February 15,2000
Page Two
.
Giving Oak Park Heights credit for this reduction reduces the contribution from Oak Park
Heights from 11 % to 7% based on total peak flow rates. Therefore, using this
computation the Oak Park Heights share would be $27,820.58.
For comparison, in early calculations it was anticipated that the Oak Park Heights
share would be approximately $100,000. If we would have used an area methodology
instead, the Oak Park Heights share would be even higher. This methodology was
rejected, as it would not recognize the efforts of Oak Park Heights in reducing its
discharge rates and nutrient loads. On behalf of the City of Stillwater, I request that you
present this issue before the Oak Park Heights City Council. If desirable, I would attend
an upcoming Oak, Park Heights Council meeting to explain and discuss this issue.
If you have any questions, please contact me at 430-8831.
Sill' ~
Kla;:r;Ckles, P.E.
City Engineer
.
KE:dfw
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RESOLUTION NO. 2000-48
DIRECTING THE PAYMENT OF BILLS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set
forth and itemized on Exhibit "A" totaling $563,154.29 are hereby approved for payment, and
that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on
file in the office of the City Clerk and may be inspected upon request.
Adopted by the Council this 15th day of February, 2000.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 2000-48
Ace Hardware
Airtouch Cellular
Albertson, Howard R, District Judge Ret.
AT and T
Bailey Construction
Best Western Kelly Inn
Bjorkman, Todd
Board of Water Commissions
Bonestroo, Rosene, Anderlik & Associate
Buberl Black Dirt Inc.
Buberl, Larry
Camas Aggregate Division
Cargill Inc Salt Division
Carquest
Century College
City of Bayport
City of Stilwater Chamber of Commerce
Coca Cola
Cougar Sports
Courier News
Cub Foods
CWP West Corp
Cy's Uniforms
Dalco
Danko Emergency Equipment
Dauffenbach, Larry
DW Web Services
Edward Don & Company
Emergency Apparatus Maintenance Inc
Freds Tire
Fuhr Trenching
Geo W Olsen Construction Co
G and K Services
Greeder Electric
Hansen, Steve
Healthcomp Evaluation Services Corp
Heritage Printing
H & L Mesabi
IBM
Infratech
ITL Patch Co
Jacobson, Cindy
Jansens Cleaning Service
KI-Minncor
Lakes Gas
Tools/supplies
Telephone
Mediation Larson Condemnation
Telephone
Repairs to mail boxes hit- snowplow
Lodging Police Chiefs Convention
Training expenses
Replace fire hydrant hit-snowplow
Tree Ordinance/Curve Crest/Mulberry
Black dirt
Jan 00 animal transports
Road sand
Road salt
Truck/auto repair parts
Law enforcement training
Legislative consulting Perro Creek
Blue Moon sponsor
Concession supplies
Concession supplies
Publications
Concession supplies
Squad car washes
Uniforms-Police Dept
Janitor supplies
Turnout gear-Roettger
Replacement licence plates
City Web site update/maint
Janitor supplies
Rocker switches
John Deere tractor tire repair
Wilkens St/Myrtlewood sewer
2nd sheet ice-St Croix Rec Center
Uniformslrugs/mops/supplies
Light repairs-Rainbow Ct
Dry clean uniform jacket
Drug testing
Jan newsletter/correction notices
Cutting blades/plow bolts
Computer maintenance agreement
Restoration Wilkens storm sewer
Explorer patches-Police Dept
Refreshment Klosowsky Retirement
Maint-City Hall/Library/Old Prison
Cubicle-Inspection Dept
Propane gas
.
479.84
151.04
300.00
101.84
250.00
149.42
20.55
2,109.37
16,803.89
306,72
95.00
206.09
1,816.26
315.81
295.00
375.00
300.00
937.06
494.79
67.45
146.74
31.50
888.09
163.51
1,052.60
6.50
325.00
149.04
40.26
21,34
13,431.00
75,095.00
3,122.16
50.00
10.36
54.00
2,318,13
385.51
1,325.73
8,900.00
149,28
122.51
1,379,00
2,537,16
59,64
.
.
.
LIST OF BILLS EXHIBIT "A" TO RESOLUTION 2000-48
PAGE 2
.
Lakeview EMS Education Dept
Magnuson Law Firm
Maple Island Hardware
McCollister & Co
Media One
Menards
Metropolitan Council Environmental Serv
Mid America Business Systems
M II Life
MN Dept of Public Safety
MN Fire Agencies Purchasing Consortium
MN Sun Publications
New Urban News
Norwest Bank
Northern States Power
Office Max
Olsen Fire Protection
Packaging Store
Partners Service Team
PC Solutions Inc
Plant Health Associates Inc
PMI Computer Supplies
Quill Corporation
Raleigh Trucking Inc
Roettger, David
R & R Specialties Inc
Russell, Steve
St Croix Caterers Inc
St Croix Office Supplies
St Joseph Equipment Inc
Security Specialist
Seim, Margaret
Sentry Systems Inc
Service Environmental & Engineering
Short Elliot Hendrickson Inc
Sievert, Art
Space Mobile & Modular Structures
Stillwater AmocolTexaco
Stillwater Equipment Company
Stillwater Gazette
Stillwater Glass Inc
Stillwater Towing
Stork Testing Corporation
SYSCO
Thibodeau, Mark
THT Inc.
.
CPR Recertification
Legal services
Supplies-tools
Hydraulic Oil
Cable service
Janitor/park supplies
Jan SAC/March sewer charges
Microfilm/microfiche conversion
Life Insurance
Management class- Magler
2000 dues
Budget publications
Subscription renewal
Bond paying agent fees
Downtown lights/cable 2nd sheet ice
Office supplies
Maint sprinkler system
Police evidence shipping
Emergency sewer loss restoration
Computer maintenance agreement
Tree protection services
Printer supplies
Office supplies
Hauling sand/salt
Lodging -Police training
Filter/oil
Mileage
Jan 00 Management
Office supplies
Snow plow case skid loader
Security High School games
Adm fee Notary Commission
Security system maintenance
Levee/Soil Contingency plan
Design modifications Lift Stations
Clothing reimbursement
Office trailer street garage
Gasoline
Equipment parking vehicle
Employment ads/publications
Windshield replacement
Towing #2 plow truck
Testing 99-2000 City Street Projects
Concession supplies
Refund overpayment utility account
Zamboni mainenance
850.00
9,972.33
174.67
236.59
4.56
18.97
95,918.40
5,297.00
1,397.51
60.00
35.00
158.10
79.00
1,587.50
20,312.60
159.70
320.00
9.35
664.04
672.00
437.00
192.85
149.94
940.08
292.38
40.75
37.20
35,674.46
560.17
2,236.50
345.06
25.00
117.50
6,240.00
394.87
148.87
265.00
6,659.82
671.84
143.98
513.77
133.13
2,870.75
368.20
353,78
217.82
LIST OF BILLS EXHIBIT "A" TO RESOLUTION 2000-48
Thunderbird Hotel
Time Axxis
Toll Gas & Welding
Tower Asphalt Inc.
Treadway Graphics
Truck Utilities Mfg Co
Turning Point
Valley Trophy
Vicom Incorporated
Wal Mart
Washington County
Washington County Chiefs of Police
Washington County Registar
ADDENDUM TO BILLS
Bailey Construction
ComputerLand
First Quality Fence Inc
Ind School District #834
Knowledge Alliance
Lehmicke Construction
Maple Island Hardware
Northern States Power
Office Max
On Site Sanitation
Park Construction
Pitney Bowes
US West
Adopted by the City Council
this 15th day of February, 2000
PAGE 3
Lodging Sewer School
Office supplies
Oxygen/acetylene
Winter patching mix
DARE supplies
Plow parts
Business cards
Name plates/wall plaque
Phone system maintenance
Janitor/general supplies
4th qtr 99 MDT rent-Police Dept
2000 membership dues
Recordings
Steel bldg- back up generator
Netserver/computer supplies
Remove/install fence for generator
TIF payment 1999 collections
Computer class-Holman
Plow sidewalks-St Croix Rec Center
Supplies
Electricity/gas
Office supplies
Portable restroom rental
Mulberry Storm sewer modifications
Maint postage machine/cartridges
Telephone
TOTAL
.
382.52
49,65
95.96
87.86
209.25
13.38
68.16
162.96
59,00
251.52
3,420.00
100.00
44.00
6,800.00
11,735.29
500.00
111,806.61
895,00
4,360.00
71.26
14,019.48
73.21
68.74
70,675.00
530.48
1,377.73
.
563,154.29
.
..
.
.
.
RESOLUTION 2000-
A..J.vIENDING RESOLUTION 6101 ESTABLISHING A SAFETY COMMITTEE
\VHEREAS, the State of Minnesota has required that the City of Stilhvater shall have a Safety
Committee, and;
WHEREAS, this Committee shall be established to develop and maintain an accident prevention
program for the employees of the City of Stillwater, and;
\VHEREAS, this Committee shall be established to advise City mana2:ement and the City
Council of the City of Stillwater and all the employees of the City of Stillwater of the methods
and procedures to incorporate and maintain good safety practices and establish a safety oriented
attitude within the City.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, that the Safety Committee of the City of Stillwater is hereby established which shall
be composed of nine employee::; representative of all City Departments and appointed by the GH:r
Co:.:::.:c:l the Deoartment Heads and which shall operate in accordance v.ith the following
guidelines:
To develop and maintain an accident prevention program for the employees of the City of
Still water.
To advise City Mana2:ement, the City Council and all City employees of the methods and
procedures to incorporate and maintain good safety practices and establish a safety
oriented attitude within the City.
Adopted by the Council this 18th day of January 2000.
Jay Kimble, Mayor
ATTEST:
Modi \Veldon, City Clerk
...
~.
RESOLUTION 2000-_
AlvIENDING RESOLUTION 6101 ESTABLISHING A SAFETY COlVl1vIITTEE .
WHEREAS, the State of Minnesota has required that the City of Stillwater shall have a Safety
Committee, and;
,
WHEREAS, this Committee shall be established to develop and maintain an accident prevention
program for the employees of the City of Stillwater, and;
WHEREAS, this Committee shall be established to advise City management and the City
Council of the City of Stillwater. and all the employees of the City of Stillwater of the methods
and procedures to incorporate and maintain good safety practices and establish a safety oriented
attitude within the City.
NO\V, THEREFORE BE IT RESOL VED, by the City Council of the City of Stillwater,
Minnesota, that the Safety Committee of the City of Stillwater is hereby established which shall
be composed of representative of all City Departments and appointed by the Department Heads
and which shall operate in accordance with the following guidelines:
To develop and maintain an accident prevention program for the employees of the City of
Stillwater.
To advise City Management, the City Council and all City employees of the methods and
procedures to incorporate and maintain good safety practices and establish a safety
oriented attitude within the City.
.
Adopted by the Council this 15th day of February 2000.
Jay Kimble, Mayor
ATTEST:
MorE \Veldon, City Clerk
e
...
.
.
.
CITY OF STILL ""VATER SA,FETY COMMITTEE
BY-LA \'is
Section 1. Purnose
To develop and maimain an accide:1t prevention program for the employees of the Cirl': of
S tilhvater. .
Section 2. Role
To advise City :\-lanage:ne:lL the City Council and all City e:nployees or the methods aLd
procedures to incorporate and maimain good safer:..; pr2.ctices and est2.olish a safety orie::ted
attitude \vithin the City.
Section 3. Renresentation
:Nlembershio on the Safety Committee shall consist of representatives from labor and
. .
management. Each department shall designate a representative to the Safety Committee. In the
event the desig:!1ared represemative is unable to atte:ld a Safety Committee meeting or e';ent, the
designated represem2.tive shall fma an employee within their depart.""Ilent to attend the Eleeting in
their place.
Section 4.
Officers
Chair. Tne Safety Committee chair sh<lll be designated by the Cir:/ Cooriinator.
The designated Chair shall preside until another person h<lS been designated.
.~
.'>..
B.
Se~retar'.:. The Cornmittee shall elect a Secretary from its members.r.tip. The
Secretar:.; shall serve until another person has been ele~ted Secretary.
c.
Each member shall serve a minimum of one (1) year.
Section 5.
A.
Committee :\Ieetin~s
Committee meetin2s shall at a minimum be held Quareerlv. the date to be set b".
- ... ~ - -
the memoers of the Safety Committee. The Committee may meet more often, <lS
needed.
B. The purpose of the meetings shall be to discuss matters of immediate im~ore3.nce
as to s<lfe working conditions, accidents of personal injuries, sick11ess due to
unsafe conditions, preventive practices <lnd measures, to learn <lbour safe
procedures and elimination of hazards through education aids, films, talks,
demonstrations, etc., to promote safety oriented <lttitudes, conditions, s3.fc
operations, 2nd \vork. areas of employe.:s.
C. The Ch<lir shall conduct the business of the me.:ting. In case of the Chair's
absence, the meeting shall be conducted by the Secretary.
D.
Prior to each meering, the Chair shall prepare an agenda of matters to be
considered that will be distributed to the Committee members.
E.
The Secrerar,. shall take the minutes of each meetin!l a.TJd shall SUDDh. the Chair
.. -..... ..
\,-jth the minutes of the previous meeting to be included \vith the meering age:1da.
Section 6. Order of Business
The order of business shall be derermined by the Chair, based upon recommendations from the
Corr.u."11irree me:::.cers.
Section 7
A.
B.
,-\..
Call to Order. Meeting shall be called to order promptly at the announced time.
B.
R::adin!l of the Minutes. Give members a chance to comment on or correct the
minutes of the previous meetings adding omissions.
Reoorts and Recommendations
1 ne Chair shall make a report of the Committee's findLlgs, conclusions, and
recommendations to the City Council annually.
I:1terim reDon and recommendations may be made to t.1e Cin! Council and/or
. . -
Depanrnem Heads, as required.
Adopted by the C omminee this 11 th day of January 2000.
...
.
.
.
.
.
.
CITY OF STILLWATER SAFETY COMMITTEE
BY -LAWS
Section 1. Puroose
To develop and maintain an accident prevention program for the employees of the City of
Stillwater.
Section 2. Role
To advise City Mana!!ement, the City Council and all City employees of the methods and
procedures to incorporate and maintain good safety practices and establish a safety oriented
attitude .within the City.
Section 3. Representation
Membership on the Safety Committee shall consist of representatives from labor and
management. For eac!1 member there snall be an alternate to insure all depa.~ents n-e
represented at all meetin;s. Each deoartment shall desi!!nate a reoresentative to the Safety
Committee. In the event the desiQl1ated reoresentative is unable to attend a Safety Committee
meetin!! or event. the desiQl1ated reoresentative shall find an emplovee within their denartment to
attend the meetin!! in their place.
Section 4.
A.
Officers
P:-esidin::: Officer. The Committee shell elect:: Pras:cL."1; Of::czr fro::: ::s
membersb1p to serve the initial term of one (1) year.
Chair. The Safety Committee chair shall be designated by the City Coordinator.
The designated Chair shall preside until another person has been designated.
B.
Vice Presidin::: Officer. The Committee sh~ll elect a Vice Pr2sidin; Of5cor fr:lI:1
its membership 'xho shall serve the initial or.e (1) year term ~s "'I,Tic;; P:'2s:d:n;
Officer and become Presidin; Officer for the follo'Ni:1; yeur. .'\.fter the initial
election, the Vice Presidin; Officer from the precedin; year :.:hr.ll au:omaticul!y
become Presidin; Officer.
c.
Secretarv. The Committee shall elect a Secretary from its membership a.r..nu::lly.
The Secretarv shall serve until another person has been elected Secretarv.
D.
Each member shall serve a minimum of one (1) year.
Section 5.
A.
Committee Meetin2s
Committee meetings shall at a minimum gC:1er:llly be held quarterly, the date to
be set by the members of the Safety Committee. The Presidin; Officer or t'1,-O
members may call a special meetin; as the needs arise. The Committee mav meet
more often. as needed.
B.
The purpose of the meetings shall be to discuss matters of immediate importance
as to safe working conditions, accidents of personal injuries, sickness due to
unsafe conditions, preventive practices and measures, to learn about safe
procedures and elimination of hazards through education aids, films, talks,
demonstrations, etc., to promote safety oriented attitudes, conditions, safe
operations, and work areas of employees.
.
C. The P:-esidin; Officer Chair shall conduct the business of the meeting. In case of
the absence his absence, the meeting shall be conducted by the SecretarY Vice
P:-esidin; Offic8r.
D. Prior to each meeting, the Chair Presidin; Officer shall prepare an agenda of
matters to be considered that will be distributed to the Committee members.
E. The Secretary shall take ~ the minutes of each meeting and shall supply the
Chair with the minutes of the previous meetinl! to be included with the meetinl!
al!enda each member v{ith a copy of the przyious minutes prior to the meetin;,
and list of nccidents 'Nhich have occurred subsequent to the last meetin;. Si~c
copies of the Committee minutes shall be sent to the Cit:; Coordinator to be
distributed to ~he City Council. The P:-zsidin; Officer shall pro':ide all 2.yailable
information to the n:embership which ','{ould help the Committee attain its ;oa1s.
Section 6. Order of Business
The order of business shall be determined bv the Chair. based upon recommendations from the
Committee members.
.
A. Call to Order. Meeting shall be called to order promptly at the announced time.
B. Call Roll of ~.1embers. ~.1nke sure each knov,s the other introduced ;ues:s. ~; ote
reasons to absences in the minutes.
C. Readinl! of the Minutes. Give members a chance to comment on or correct the
minutes of the previous meetings adding omissions.
D. enfinished Business. Discussion on conditions, procedurzs illld hnz::rrds ,i't'hich
merit attention. Recommendations to be made for improyemcnts follov,'in; :l:e
a;enda.
E. .\ccident Reyiew. Study of reports of all accidents since :he last meeti.::; ~o
analyze the incident, identify causes wld proyide means of preyentati':e
recurrences.
F. Soecial Subiects. Special Topics, pro;rams seasonal subjects, trainin; fer
employees, comments by supervisors, central office projects.
G.
Closin;.
. ^. d j 0 ur:llIHm 1.
.
.
.
.
Section 7
A.
Rel>orts and Recommendations
The Chair Presidin; Officer shall make a report of the Committee's findings,
conclusions, and recommendations to the City Council annually.
B. Interim report and recommendations may be made to the City Council and/or
Department Heads, as required.
Adopted by the Committee this 11 th day of January 2000.
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MEMORANDillII
TO: City Council
FROM: Modi Weldon, City Clerk
SUBJECT: Compensation Schedule for Election Judges
DATE: February 11,2000
The last compensation adjustment for election judges was in 1994. Since that time,
election judges have been paid at a rate of $6 per hour for judges and $6.50 for chief
judges. Recent surveys of area communities show a proposed range of $7.50 to $10.00
per hour for 2000.
It is becoming increasingly difficult to find qualified election judges. The duties of
election judges have become increasingly complex and the hours are extremely long. In
addition, at the last election we lost judges to neighboring communities because of the
higher pay schedules at other municipalities. (Judges may serve anywhere within their
county of residence.)
The proposed increase is included in the 2000 Elections budget.
Recommendation: Adopt resolution establishing compensation schedule at $8 per hour
for election judges and $10 for chief judges.
RESOLUTION NO.
SETTING COMPENSATION FOR ELECTION JUDGES
IN THE CITY OF STILLWATER
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the compensation
for regular Judges of Election be set at $8 per hour, and the compensation for Chief
Judges of Election be set at $10 per hour.
Adopted by Council this 15th day of February, 2000.
Jay Kimble, Mayor
ATTEST:
:Morli \Veldon, City Clerk
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r illwater
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THE BI~iHPLACE OF M:SSE50i~ ~
REQUEST FOR INSTALLATiON OF Et..NNER
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A.F P LI CPo.NT
ORGANIZATION . _ .
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P.DDRESS
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TELEPHONE 7"3D-d30G
Main Street at Olive Street (Mad Cappery
North Main Street - 100 Bleck (Kcllinerst
Chestnut Street at Union P.lley (Firstar Eank)
*MnDOT APPROVAL REQUIRED FOR MP.JN STREET LOCATIONS
DATES TO EE DISPLAYED: ~\30+t, - ~~+<---
~OMPP\NY INSTP.LLlNG BANN 'R: . -l~ ..
P.GdreSS~~~ ~. Phone 4c~9 -6001
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ep.NNER
FOR OFFiCE USE ONLY
Date:
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7.
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o ~JlnDOT
Date:
(Required for ~Jlein Stiest Lac2tions)
Installer verific2tion Date:
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BANNER REQUIREMENTS ATTACHED
C:TY r:':'~~ 2ic f'JOr.TH r,JURTH STILLWAEii. PillrL'iESOT.::. 55022 F:-:C'iE :::2,.13~'6'2'
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Memo
DATE:
February 11,2000
TO:
Mayor and City Council
Chantell Kad~L-;l
Administrative Assistant/Personnel Coordinator
FROJVI:
RE:
SWIWC Service Cooperative Joint Powers Agreement
Back2round
As you know, the City is currently a member of the SW/WC Service Cooperative, which
provides for group insurance pooling programs for public entities. As a participant in the group
insurance pool, we must enter into a joint powers agreement.
The joint powers agreement the City currently has with the S\VIWC Service Cooperative has
been revised in order to comply with federal and state requirements and clarify certain provisions
of the agreement. The differences from the previous Joint Powers Agreement are:
· Defmes Board and authority
· Includes defInition of terms used in the Agreement
· Allows nonprofit/nongovernmental units to participate to a limited degree
· Specifies how program funds may be used
· Addresses a self-insured program
· Outlines fees to the Service Cooperative
· Addresses establishment of advisory committees
· Outlines procedures if the pool is terminated
· Clarifies term of the Agreement
Recommendation
It is recommended the City Council adopt the attached Resolution, approving the Joint Powers
Agreement with SWAVC Service Cooperatives for Group Employee Benefits and Other
Financial and Risk Management Services.
BENEFITS/SW-WC cOOP/JOINT POWERS AGREEMENT CC.2000-02-15
RESOLUTION 2000-
APPROVING JOINT POWERS AGREEl\'IENT WITH SW!\VC SERVICE .
COOPERATIVES FOR GROUP EMPLOYEE BENEFITS AND OTHER FINAJ.~CIAL
AND RISK MANAGEMENT SERVICES
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Joint
Powers Agreement with the SWIWC Service Cooperatives for Group Employee Benefits and
Other Financial and Risk Management Services is approved.
Adopted by the Council this 15th day of February 2000.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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$outJniest~VesCCeizfrlfl,
. , Service, Cooperatives,'
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1420 East College Drive
MarshaIl,ML'-r 56258
Phone: (507) 537-6800 VrrTY
Fax: (507) 537-7327
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February 1, 2000
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SWjWC Service Cooperatives
Insurance Pool Member?hip
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. Dear Merhber:
, The ,South'west/w~sfCeniraLSerViceCboperatives(SW/WC~SC) hosts
group insura~ce'pooling' programs for.sc'h9oldistrictsH~ncl chies,courities
andcother goyerrHnei1talunits~Yollr o~ganiza:tion' fs a'member'of one of .
the,se pbols~:' " . -,'. ,.", ,
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',' Eacb,;gover'1ment~l. U1;i,1:joining 'a'gr~up~inslJra~c.e 'pool :sponsored"by the
SW/WCSCrplJ'st enter intoajoint ppwersagreementwhichoutlines the'
purpo'ses 'of the poor'and'the 'r(gbisandresponsibiiities'of the pa'rties
-invo,lved.~' ,';, ,.' ' ,. " .
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The orig'inal jafnt 'powers ,d<;><\lmerit has re<;:e,rltly",uridergone extensive
revisions Jar purposes' of complyil']9 Wi,th feder~1 aha'state'legal, "" - ,
requirements ~and c1arifyiri'g' pro'ylsions of the :documerit:-.-, he Ii eve' that '
-.yo u wi IIJi nd the revi sed Jo~ntJj'owers ag're.ement )~r1dose:d:'v'Iith.:th i s)erie r
,tobe easi.er: to,read ana understand 'than the :agre'enientttirrehtl'ion file.
. This.letterJeq~ests'that you,.review~heeHclosed revisedjaInt powers
agreement, sigh two :cqpiesof th.e agreem,ent,' and return both copies to
,our office prior to March 1 5, 2000.' Aftersignature~ from the SW/WC SC
Board of Directors have been pla'ced on 'the 'document, one copy will be
returned to y6~ foryour,files.': :. .
If you have anyquestionsab~ut' t~eupdated' jo(nt powers agreement or
other insuranceprogriulls'YOU' can contact Marilyn Johnson at the'
Appletree Institute, administrator of insurance p'rograms forthe SVj/WC
SC (507-537-7008) or call me a! (507-537-22'48). '
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SW [WC Service Cooperatives are an Equal Opportunity Employer
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JOINTPQWERS--':, "
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. ... .. ..AGREE~Ej\fr . ..... . .
,FORGROUP,EMPLOYEE', '
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.....BENEFirSANDQTHER ...... .. .
. ... ... · .FIN:AiVCI4t.iND.Risk............
.. ......... .... ... ..........................M4J\!4iJ1jyEfirj'>>...:..... ......:>
: ','-'..'SERVICES ' ~,- ' ,'- -' ,
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February 1, 2000
JOI~l POYY~RS AGREE:\tIENT
FOR GROD'"}> E:\t1PLO~""EE BE~~F1TS AND OTHER FL.~ANCL~L AND RISK
iYLANAGE:YIEN"T SERVICES
TABLE OF CON"TE~"TS
Page
SECTION 1. PURPOSE, ~lE~T AND OBJECTfvt . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . 1
1.1 Purpose
1.2 Compliance wiL'1 Applicable Laws
SECTION 2.
D EFIl'iTIIONS
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2.1
2.2
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2.4
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2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
Advisory Committee(s)
Agreement
Associate Member
Board or Joint Powers Governing Board
CBA
CBA Employee Benefits
Discretionary Employee Benefits
Group Contract
Group Employee Benefits
Other Financial and Risk Management Services
Operating Agreement
Participant
Participant Member
Pool
Program Funds
Provider
SC
SECTION 3. JOIl'-n POWERS GOVE&'-llNG BOARD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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9<1C'901: 1..:.1'::'
Board Membership
Upon Dissolution of SC
Acknowledgment by Associate Members
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SECTION 4.
SECTION 5.
SECTION 6.
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4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
RIGHTS fu~1) RESPONSIBILITIES OF THE BOARD. . . , . . . . . . . , . . . . . . ~
4.1
4,2
Authorized Powe:-s
Grouo Emolovee Benefits
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4,2,1 CBA Employee Benefits
4.2.2 Discretionary Employee Benefits
4.2.3 Rese:-ves
4.2.4 Self-Insurance of Health Benefits
Other Financial and Risk Manage:nent Se::vices
Operating Agree:nents
SC Service Fees
Se::vice Provide:-s
4.6.1 Selection
4.6.2 Governmental Unit Bidding and Concracting Laws
4.6.3 Service Provider Rate Increases
Premiums and/or Contract Charges
Advisory Cornmittee(s)
Authority of Board
Liability Limited
\Vithdrawal by Board
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RIGhlS A..L~1) RESPONSIBILITIES OF P ARTICIP fu~lS ............... 8
5.1
5.2
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5.4
5.5
5.6
Enrollment and Renewal
Participants to Furnish Data
Remittance of Premiums and Contract Charges
CBA Employee Benefits
Participant Withdrawal
5.5 .1 Voluntary Withdrawal
5.5.2 Withdrawal Relating to Participant Rate Solicitation
5.5.3 Withdrawal Relating to Dual Offering
5.5.4 Withdrawal at Annual Renewal
Effect of Panicipant Withdrawal
5.6.1 Withdrawal from this Agreement
5.6.2 Withdrawal from a Pool
5.6.3 Program Funds
5.6.4 Future Panicipation LiII1jted
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PROGR.A.J.'vl FUNDS ADlvfINISTR.'\TION . . . . , . . . , . . . . . , . . . . . . . . . . . . 10
6.1
6.2
6.3
Program Funds
General Rules Regarding Management and Disposition of Pro::s~3.lTI Funds
Investment of Program Funds
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6.4 Withdrawal of Participant
6.5 Termination of Pool
6.6 Funding of Risk
SECTION 7. LENGTd OF AGREE?vfl=NT p.~'\a) TE~yUNATION . . . . . , . . . . . , . . , . . . . 12
SECTION 8. LL.iJ3ILITY OF PARTIES ...................................,.... 12
SECTION 9. AGREE?vrENT BY PARTICIPATION .....................,........ 12
SIGNATURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 13
ADDENDlJiYf A ..........................,.................................. 1-1
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JOL.'iT PO\VERS AGREE~IEl'll
FOR GROllP E:YIPLOYEE BE~"EFITS A~l) OTHER FINANCIAL A~l) RISK
rvL-\.:.'iAGE~IENT SERVICES
This Joint Powers Agreement, he~einafter referred to as "Agreement," is made berweerr
ParticiDant Member and other Panicioant Members as are now or mav
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here"fIer become parties to this Agreement, and the hereinafter called
the "Sc."
RECITALS
\-Vhereas, i\tlinn. S tal. 471.59, S ubds. 1 and 10 authorizes two or more governmental units
to exercise jointly or cooperatively powers which they possess in common, and
\-Vhereas, Nllnn. Stat. 123A.2l, establishes service cooperatives, the purpose of which among
other things, is to assist participating governmental units in meeting certain specific needs which can
most advantageously be met on a regional basis, and
Wnereas, the ParticiDant Members wish to authorize the SC Board of Directors to act as a
joint board for the purpose of exercising certain powers as set forth in this Agreement, and
Whereas, u.1e Participant Members acknowledge that the Board of Directors of the SC is
representative of the parties to this Agreement;
NOW THEREFORE, the parties hereto agree as follows:
SECTION 1
PlJRPOSE, IN~NT Al'/l) OBJECTIY'"E
1.1 Purpose. Under the provisions of M.innesota law, governmental units may enter inco
conu.-acrs for the purposes of providing Group Employee Benefits for u.1eir employees and to obtain
Other Financial and Risk Management Services deemed necessarj or beneficial for their operation.
Under the provisions of Minn. Stat. 471.59, two or more governmental units (including, but not
limited to, school districts, counties, towns, other governmental agencies and service cooperatives)
may agree to exercise jointly or cooperatively powers which they possess in common. The purpose
of u.1is Agreement is to authorize the Board to exercise the common powers of the participating
governmental units in connection with certain matters pertaining to the administration aIld funding
of Group Employee Benefits and the provision of Other Financial and Risk Management Services,
all as described herein. It is not the purpose of this Agreement to transfer to the Board the authorir:Y'
to execute contracts on behalf of Participants, or to in any manner become involved in any collective
bargaining process.
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1.2 Compliance with Applicable Laws. It is the panies' imem to comply with the a:;oiicable
statutory requirements pertaining to requests for proposals for group insurance, self-insura.'1ce.
COBRA. and its ~finnesota extensions, service cooperatives. aIld all otJ,1er applicable federal and state
statutes. Pursuant to the laws governing service cooperatives. it is also intended that nonprofit .
non-governmental units be allowed to participate as Associate Members in the Group Employee
Benefits and Other Financial and Risk Management Services made available pursuant to this
Agreement. although it is not intended that such nonprofit, non-governmental units exercise a.'1y of
the powers or authorities exclusively delegated to governmental units described in ivEnn Stat. 471.59
S ubd. 1.
SECTION 2
DEIDTIIONS
2,1 Advisory Committee(s) means committees appointed by the Board in accordaIlce with
Section 4.8 of this Agreement which are representative of,the~ar'"Jcipants as deemed appropriate by
the Board for Lhe purpose of recommending policies. procedures and actions to the Board.
2.2 Agreement means this Joint Powers Agreement as the same may be amended from time to
time. This document, and all other documents in the same form executed (or deemed executed as
provided in Section 9 of this Agreement) by SC and other Pa..rticipant Members, all as amended froD
time to time, shall together constitute a single Agreement.
2.3 Associate Member means any nonprofit or non-governmental entity which participates in
any of the Group Employee Benefits or Other Financial and Risk Management Services made
available to Associate Members by the Board, and agrees in writing to be bound by the terms of this .
Agreement other than those terms explicitly applicable only to Participant Members (or is deemed
to have so agreed as provided in Section 9 of this Agreement).
2.4 Board or Joint Powers Governing Board means the SC Board of Directors acting as the
joint board authorized to exercise certain powers of the Participant Members. as permitted by Minn.
Stat. 471.59, Stibd. 2 and as set forth in this Agreement.
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CBA means collective bargaining agreement.
2.6 CBA Employee Benefits means employee welfare and retirement benefits made available
by the Board from time to time for adoption by a Participant pursuant to the terms of a CBA, and
may include, but shall not be limited to health benefits coverage, wellness and employee assistance
programs. life insurance, disability income protection, dental insurance, flexible spending pro~ams.
retirement programs and long term care insurance. LTJ. no event shall any Discretionary Employee
Benefits be considered CBA Employee Benefits unless and until they become part of a collective
bargaining agreement between a union and a ParIicipant.
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2.7 Discretionary Employee Benefits means employee welfare and retirement benefits made
available by the Board from time to time for adootion bv a Particioant, exclusive of anv CBA
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Employee Benefits, and may include, but shall not be limited to health benefits coverage, wellness
a..r:ld employee assistance programs, life insurance, disability income protection, dental insurance.
flexible spending pro~ams, retirement programs and long term care insurance. Discretiona.:.-:;
Employee Benefits may be terminated or reduced by the Board at any time. In the event any
Discretionary Employee Benefit is terminated by the Board but continued by one or more
Participants, u'1.e provision of such Discretionarj Employee Benefit shall become the sole
resDonsibilitv of such ParticiDants.
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2.8 Group Contract shall mean an agreement for the rendering of services by and between a
ParJcipant and a Provider of such services. L11 connection with the self-insurance of employee health
benefits, such an agreement may also mean a ParJcipant's agreement to participate in a program of
self-insurance.
2.9 Group Employee Benefits shall mean CBA Employee Benefits and Discretionarj Employee
Benefits.
2.10 Other Financial and Risk Management Services may include, but shall not be limited to,
technical advice regarding borrowing programs, contracted legal services, property/casualty safety
group protection, personal property and casualty protection, student accident, coverage, and other
services as made available by Group Contract for Participants from time to time by the Board.
. 2.11 Operating Agreement means an agreement by and between the Board and a Provider which
establishes terI!l~ for the benefits, administration or funding of Group Employee Benefits or Other
Financial and Risk Management ServiCes.
2.12 Participant means both Participant Members and Associate Members. It does not refer to
individual employees obtaining insurance or other benefit coverage pursuant to a: plan offered by a
ParJcipant which is funded or administered in whole or in part pursuant to this Agreement.
'2.13 Participant i'tlember means any governmental unit as defined in Minn. Stat. 471.59 which
is accepted for participation in this Agreement by the Board, certifies that its employee benefit plans
qualify as "governmental plans" that are exempt from application of the Employee Retirement
Income Security Act of 1974, as amended ("ERISA"), and agrees in writing to be bound by the terms
of this Agreement (or is deemed to have so agreed as provided in Section 9 of this Agreement).
2.14 Pool means the collective group of Participants in a given program of Group Employee
Benefits or Other Financial and Risk Management Services, as the context shall require. Absent an
agreement expressly to the contrary, a separate Pool shall exist for each such progra..rn and a separate
Group Contract shall exist between the Provider and e:J.ch Parricipa..r:lt for the rendering of ser/ices
or benefits for which such Pool is formed.
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2.15 Program Funds means anv monies, reserves, excesses or othe: a.."Il.ounts, whethe: acauirec
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through contributions, payments, discounts, dividends, refunds, credits, reserves, savings, ime:est
or otb,erv.rise, that are held and administered in accordance with Section 6 of this Agreement.
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2,16 Provider means the person, insurance carrier, third party administrator, or other entity which
is selected by tIle Board, in its discretion, to provide Participants with Group Employee Benefits or
Other Financial and Risk !Vfanageme::lt Services or, as in the case of self-insured health be::lefits, to
provide adminisrrative or other services in connection with such Benefits or Services.
2.17 SC means the S\~ll w-: Service Cooperative, a governmemal age::lcy and
public corporation, whose existence is authorized by Minn. Stat. 123A.21.
SECTION 3
JOL"l"T POW"ERS GOVER.:.'HNG BOARD
3.1 Board Membership. The SC Board of Directors, when exercising the joint powers
authorized bv tJ.l...Js Agreement, will also serve as the Board referred to in this Agreement. The Board
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will be elected pursuant to the Bylaws of the Sc. As appropriate, the Board may designate one or
more represematives to act on its behalf.
3.2 Upon Dissolution of Sc. In the event that the SC is dissolved, the Board shall continue to
exist and its members shall be elected solely from the governing bodies of the Participant Members
to this Agreeme::lt in a manner consiste::lt with the provisions of the Joint Powers Act, Minn. Star.
471.59, Subd.2. Any administrative services provided by the SC prior to its dissolution shall be .
provided thereafter as determined by the Board in its discretion.
3.3 Acknowledgment by Associate Members. Associate Members acknowledge that Minn.
Star. 471.59 does not authorize their participation in a Joint Powers Agreement, even though Minn.
Stat 123A.21, Subd.3 authorizes nonprofit, non-governmental organizations to participate in Group
Employee Benefits, Other Financial and Risk Management Services, and other programs made
available from time to time by service cooperatives. By participating in any such pro~am made
available by the SC, such non-governmental Associate Members agree to be bound by the terms of
this Agreement (other than those terms explicitly applicable only to Participant Members) and that
the Board is representative of their interests.
SECTION 4
RIGHTS AND RESPONSIBILITIES OF THE BOARD
4.1 Authorized Powers. Pursuant to Minn. Stat. 471.59, Subd. 2, in addition to any other
powers specifically delegated to the Board by this Agreeme::lt, the Board is hereby authorized to:
990902:[.;:.;
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(a) establish, procure and administer Group Employee Be=1efits and Other Financial and
Risk Manage:ne=1t Services;
(b) define and clarify requests for proposals, rights a..TJ.d responsibilities, length of
contract, premium or contribution rates and other costs, te?ination guidelines, the relative
liability of the parties, and u,1e mew'10d(s) by which parties to this Agreeme=1t shall exercise
their common powers; and
(c) receive, collect, hold, invest, expend and disburse Program Funds in connection with
the exercise of its powers under this Agreement.
.a. I Group Employee Benefits.
4.2.1 CBA. Employee Benefits. Tne Board may from time to ti.rne make e:nployee welfare
a..T1d retirement benefits available for adoption by Participants pursuant to a CBA. The Board may
arrange alternative fmancing arrangements respecting such benefits, and may adwjnister or arrange
for the administration of such benefits. Any employee or collective bargaining representative
notification of alternative financing arrangements shall be u,1e responsibility of the Participant. The
Group Contract for the provision of such benefits shall be between the ParJcipant and the Provider.
Pursuant to i\tunn. Stat. 471.6161, Subd.5, the Board has no authority nor authorization to change
a policy or benefit respecting a Participant's CB A Emploxee Benefits in a manner u'1at would reduce
the aggregate value of such benefits.
4.2.2 Discretionary Employee Benefits. Toe Board may from time to time ma.lee
available for adoption by Participants Discretionary Employee Benefits. The Board may arrange
alternative financing arrangements respecting such benefits, and may administer or arrange for the
administration of such benefits. The Group Contract for the provision of such benefits shall be
between the Participant and the Provider. Notwithstanding that a Group Contract for Discretionary
Employee Benefits be between a Participant and a Provider, the Board, upon reasonable notice to
Pilrticipants, may prospectively amend, reduce or terminate any such Discretionarj Employee
Benefits in its sole and absolute discretion.
4.2.3 Reserves. The Board shall from time to time determine the minimum amount of
funds needed for purposes of risk management and rate stabilization. Any such funds shall be held
and used in accordance with, and subject to the limitations set forLh in, Section 6.
4.2.4 Self-Insurance of Health Benefits. In accordance with i\tunn. Stat. 471.617, Group
Employee Benefits that are employee health benefits may be self-insured. A self-insurance Pool
made available by the Board shall be a pool established and operated by tb.e Board, or by the Board
and one or more other joint powers governing boards governed by Minn. Stat. 471.59 or service
cooperatives governed by Minn. Stat. 123A.21.
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4.3 Other Financial and Risk ~bnagement Services. Tc.e Beard may make available Orhe:-
F:na."1cial and Risk Mana2:ement Services for e!ectin2: Par::cicants and mav administe:- or ar-a.'F"" .
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for the admipistration of such services. The Board will de~e::u1.ine u.1e most cost-effective 2.J.~d
aDDrODnate mar.u"1er in which to deliver Other Financial a."1G Risk Mana2:ement Services and the
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service fees and Ow.1er costs pertaining to the same.
4.4 Operating Agreements. The Board, alone or in coIlabcrc.tion with other governmental units.
whether ac:im: aione or J'oimlv, inc!udin2: oW.ler se~"Vice cooceratives, may ne2:otiate ODe::atin2:
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A2:reemems for l'1e benefit of the SC and each of the Par;-iciDam.s with reSDect to a.iV G:-OL:.D
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EmDiovee Benefit or Ow.1er Financial and Risk Mana2:eITlent Se:-vice. Such OlJeratin2: A2:reer::encs
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may establish. 2.J.liong ol.i}er things:
(a) the terms and conditions for any progra..r!1,
(0) pre:Iljum or conl.ribution rates and other costs,
(c) funding 2.J.-rangements,
(d) administrative arrangements, including the extent to which the SC shall provide
administrative services,
(e) w.1e applicable responsibilities of the Board, and
(f)
the amount of service fees payable to u.'1e Sc.
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The Operating Agreement is a proprietary document ber.../een LfJe Service Cooperative and u.1e
provider. However, at the request of any Participant, the Board may provide that Panicipant with
any i..11formation regarding the applicable Operating Agreement that is reasonably necessary for the
ParLicipant to understand its rights and obligations thereunder. ..
4.5 SC Service Fees. The SC may be paid a service fee in consideration for services rendered
pursuant to w.~s Agreement and any Operating Agreements. The amount and source of such service
fee shall be established from time to time by the Provider and the SC and shall be approved by the
Board. Such service fee may include, but shall not be limited to, a percentage of premiums collected
from Participants for the payment of Group Employee Benefits, a fixed fee, or such other
arrangements approved from time to time by the Board. At the ti...rne a Participant elects to parLicipate
in any of the Group Employee Benefits made available by the Board, the Participant shall, by
execution of w.~s Agreement (or by the deemed execution of 0is Agreement as provided in
Section 9), be deemed to have acknowledged and agreed to lfJe amount of such service fee as set
forth in Addendum A attached hereto (as in effect from time to time), arid the source of its payment,
including a.'1y part l.h.ereof derived from discounts, refunds, dividends, or similar revenues, Services
fees payable with respect to Other Financial and Risk Management Services shall be established and
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disclosed from time to time as dereITPjned by the Board. Participancs shall be given advance nocice
of aI1V chang;e in Addendum A.
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4.6 Service Providers.
4.6.1 Selection. Tne Particiuants herebv ddezate to the Board the rig;ht to select the
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Providers for Group Employee Benefits a.TJ.d Other Financial and Risk Management Services.
4.6.2 Governmental Unit Bidding and Contracting Laws. As applicable, tb.e Board shall
comply with ail state and federal laws rdating to requests for proposals, review of proposals, le:1g~~
of Group Contract rules, and other laws and regulations relating to contracting for Group Employee
Benefits and Other Financial and Risk Management Services.
4.6.3 Service Provider Rate Increases. Tne Board will annually revie'..,- renewal
information as presented by Providers, make recommendations and determine if requests for
proposals are necessary. Rate renewals for group insurance will be determined on lTle basis of the
aggregate change of premiums.
4.7 Premiums and/or Contract Charges. To the extent not established by the applicable
Operating Agreement or in any other manner prescribed by this Agreement, prerniums andJor
contract charges shall be determined by the Board in its discretion; provided, however, that in
accordance with Section 6.5, no retroactive assessment may be made without the consent or lTle
affected Participants.
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4.8 Advisory Committee(s). The Board may, but is not required to, appoint one or more
advisory committees. The purpose of any such coII1IT1;ittee may include, without limitation, the
receipt and processing of information relating to group employee benefits, and the future ,direction
of such benefits as well as other programs and services. The Board shall consider, but is not required
to adopt, advisorj committee recommendations and proposals. Labor representation, when
appropriate, on any advisory committee formed by the Board shall be, in so far as is reasonably
possible, representative of the bargaining representatives of individuals covered in the relevant Pool.
Notwithstanding anything to the contrary in this Section 4.8, the SC shall create a laber-management
committee to advise it on certain matters as required by Minn. Stat. 123A.25.
4.9 Authority of Board. The Board, with due consideration given to recommendations
submitted by any advisory committee which may be established, shall, unless other..vise expressly
agreed, retain final authority in all matters relative to this Agreement and to the Group Employee
Benefits and OtJ,1,er Financial and Risk Nlanagement Services subject to this Agreement; provided,
however, that nothing in this Agreement shall permit the Board to enter into a Group Contract on
behalf of a Participant, and that, subject to any applicable notice roles, nothing in this Agreement
shall prevent a Participant from withdrawing from this Agreement, ar1Y Group Employee Benefit,
or any Other Financial and Risk Management Service.
.
99090::: 14::4
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4.10 Liability Limited. Tne Board, its authorized represe:1tatives, employees and designees shcll
have no duty or liability to any of the Parricipants or Providers wit.:.1. respect to the fees, premiums
and/or contract charges, offers, acceptances or binders of coverage, cancellation notices, or other
matters relating to a Participant's subscribers, all of which shall be the responsibility of the .
Panicipant. The Board, its authorized representatives, employees and designees, and each
Panicipant shall have no duty or liability due to neglige:lce of other Participams and Providers.
When it is not exercising the joint powers authorized by this Agreement (and tb.erefore not acting
as the Board), the SC Board of Directors shall have no duty or obligation whatsoever to act for the
benefit of Pa..-ticipants (as Panicipants).
4.11 Withdrawal by Board. The undertakings for u1.e provision of Group Employee Be:lefits in
this Agreement may be terminated by the Board or the SC (as applicable) at any time.
SECTION 5
RIGHTS AL'ffi RESPONSIBILITIES OF PARTICIPM1S
5.1 Enrollment and Renewal. Participants may elect whet.:.1.er to participate in a.T1Y Group
Employee Benefit and any Other Financial and Risk Management Service made available by the
Board. If a Participant elects to participate in a Group Employee Benefit or Other Financial or Risk
Management Service, the Participant must execute a.l'J.Y applicable Group Contract, Group Contract
amendment, enrollment and renewal documents directly with the Provider.
5.2 Participants to Furnish Data. Each Par-Jcipant agrees to furnish all reasonably necessarj
employee data directly to the SC or its designee. .
5.3 Remittance of Premiums and Contract Charges. The Par-Jcipant shall reITllt premiums
and/or contract charges in the time and manner as from time to time determined by the Board.
5.4 CBA Employee Benefits. Each Participant that participates in CBA Employee Benefits shall
be solely responsible for the collective bargaining of such benefits, and for providing any notices
regarding CBAEmployee Benefits, including, without lilT1itation, the obligation to notify certain
representatives regarding the adoption of a self-insured health benefit plan set forill in ivllnn. Stat.
471.617, Subd. 4.
5.5 Participant Withdrawal.
5.5.1 Voluntary Withdrawal. At any time during a year, (but at least three (3) months
prior to renewal), a Participant may terminate its participation in this Agreement or in a Pool upon
ninety (90) days written notice to the Board and to all Providers of programs in which it par-Jcipates.
5.5.2 'Withdrawal Relating to Participant Rate Solicitation. If a Panicipant solicits
proposals independently of this Agreement when there has not been a fifty percent (50%) increase
99C902;1~2~
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in u.1e aggregate rates for that ParJ.cipa.:."1t group in a given year, the Board retains the right to dee::-.
u.~at the Participant has withdrawn from the appropriate PooL "Soliciting proposals" shall be defined
as requesting and/or accepting written or ve:bal proposals of any kind, regardless of how formal or
informal. Notwithstanding the foregoing, a Participant receiving a 50% or greater increase in the
ag,:--egate rate for that Participant group in a given year shall be allowed to solicit proposals without
jeopardizing their participation in the Pool. If the Participant elects to reject all proposals and remain
a Participant in the Pool, the Participant will receive a rate to be established by the Board.
5.5.3 ,\Yithdrawal Relating to Dual Offering. If a ParJ.cipant offers Group Employee
~e:1efits through an additional or diffe~nr plan which, in the discretion of the Board, are considered
to be substantially similar to those provided by a Pool in which the Participant participates, the:! the
Board retains the right to deem that such Participant has withdrawn from the Pool.
5.5.4 '\Vithdrawal at Annual Renewal. If a material change in any term or condition of
a Group Employee Benefit or Other Financial or Risk Management Service in which a Participant
parJ.cipates is proposed to commence as of the Participant's annual renewal date, the Participant may
withdraw from the applicable Pool as of the renewal date, provided the Participant gives advance
written notice of its intent to withdraw promptly (within 30 days) after receiving notice of the
material change, even if such notice is given less than 120 days in advance of the renewal date.
5.6 Effect of Participant Withdrawal. Upon a Participant's withdrawal or deemed withdrawal
from this Agreement or from a Pool, the following rules shall apply:
5.6.1 '\Vithdrawal from this Agreement. Upon its withdrawal from this Agreement, a
ParJcipant shall be deemed to have withdrawn from all Pools maintained under this Agreement in
which the Participant is participating'at the time of such withdrawal. If a Participant no longe:
participates in any Pool, the Participant shall be deemed to have withdrawn from this Agreement,
as well as from the applicable PooI(s).
5.6.2 '\Vithdrawal from a Pool. Withdrawal by a Participant from any Pool shall not affect
the ParJcipant's participation in any other Pool. '
5.6.3 Program Funds. No Program Funds or any other amounts that may, in any way, be
attributable to a Participant's participation in a Pool shall be returned to the Participant in the event
such Participant's participation in the Pool ends prior to the Pool's termination.
5.6.4 Future Participation Limited. If a Participant withdraws or is deemed by the Board
to have withdrawn from a Pool, such Participant's participation in such Pool shall be prohibited for
a period of twenty-four (24) months from the date of such withdrawal or deemed withdrawal. If a
Participant withdraws or is deemed by the Board to have wiu.~drawn from this Agreement, such
Participant's participation in this Agreement (and any Pool offered hereunder) shall be prohibited
for a period of twenty-four (24) months from the date of such withdrawal or deemed withdrawal.
99C902: ~ ~ 2~
-9-
SECTION 6
PROGR.\y! F1J~TIS ADiVlll'/lSTR.\TION
.
6.1 Program Funds, It is understood and agreed that, in connection with the Group Employee
Benefits and Other Financial and Risk Managemem Services mace available pursuant to this
Agreement, the Board may acquire Program Funds. Tne Board may, in its discretion, establish and
maimain separate accounts for specified portions of the Program Funds, and may designate specific
purposes, such as the paymem a..TJ.d financing of Group Employee Benefits or the stabilization or the
cost of such benefits, for which the a..rnounts credited to such account shall be used. but it shall not
be required to do so.
6,2 General Rules Regarding Management and Disposition of Program Funds. Progr-a.:.-n
Funds shall be used solely for the purposes of providing Group Employee Benefits and Other
Financial and Risk Management Services, providing related services, defraying the reasonable
expenses of administering such benefits and services, and, if the Board determines that such use
would either directly or indirectly benefit Participants (e.g., by spreading risk, achieving economies
of scale, generating revenues or enhancing the Board's ability to negotiate with Providers as a result
of the Board's visibility, presence in the marketplace or enhanced expertise), establishing, providing
and administering similar benefits and services offered by the joint action of other governmental
units. Progra..rn Funds shall not inure to the benefit of the Board; this prohibition shall not, however,
prohibit the payment of service fees to an SC as provided below. Subject to the foregoing, the
Board, in it sole discretion, shall determine the managemem and disposition of the Program Funds.
The Board may consider Advisory Committee recommendations regarding the use of Prog:rarn Funds .
before any determinations are made. Tne following are examples of purposes for which the Board
may use and apply Program Funds.
(a) to negotiate the purchase of, administer, provide and maintain (either directly or
through the purchase of insurance, or both) Group Employee Benefits (including, but not limited to
programs related to the purpose for which the Fund was created, such as, for example, in the case
of a Health Pool, an Employee Assistance Program (EAP) and Wellness Program) and Other
Financial and Risk Management Services;
(b) to payor provide for the payment of reasonable and necessa..ry expenses of
administering Group Employee Benefits and Other Financial and Risk Management Services
including, without limitation, all expenses which may be inclli-red in connection with the
establishment and administration of Pools, the employment of administrative, legal, accounting,
other expert and clerical assistance, the leasing of such premises and the purchase of lease materials,
supplies, equipment, and liability and property insurance;
(c) to establish and accumulate funds deemed adequate by the Board to ca.:..y out the
purposes of the Pools, for example, for purposes of rate stability and risk reserve;
990<;O2:! .r::~
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(d) to pay any federal, state or local income, employment.. death or other tax. which may
be properly imposed on or levied against Group Employee Benefit, Other Financial and Risk
Management Service, a Pool, or on benefits paid therefrom;
(e) to pay for a.'lY bond and to pay the premiurr..5 on any insurance purchased by a Pool,
including, but not limited to liability insurance, "stop loss" insurance and other insurance intended
to pay directly or indirectly the benefits established with respect to a Pool; and
(f) to pay the SC any service fee payable to it pursuant to, or authorized pursuant to, this
Agreement.
6.3 Inyestment of Program Funds. Program Funds shall be held and invested in a manner that
is consistent with any applicable legal requirements regarding the holding and investment of funds
by the ParLicipant Members who are governmental units within the meaning of Minn. Stat. 471.59.
6.4 \-Vithdrawal of Participant. In the event or the withdrawal of a Participant prior to the
termination of this Agreement or of a Pool, Program Funds attributable to contributions of such
Pa.-ticipant shall not be returned to such Participant.
6.5 Termination of Pool. In the event of termination of a Pool, any portion of the Program
Funds that has been designated for use solely in connection with the terminating Pool, and any other
porLion allocated to the terminating Pool by the Board in its sole discretion, shall be distributed to
t:.~e Peol ParLicipants in a manner to be determined by the Board, which may include the following:
(a) payment of benefits to or on behalf of enrolled employees with respect to claims
arising prior to such termination;
(b) provision of similar benefits for such employees;
(c) payment of reasonable and necessary expenses incurred in such termination;
(d) payment of taxes; and
(e) cash payments to Participant Members according to a formula established by the
Board.
Upon such termination, the Board shall continue to serve for such period of time and to the extent
necessary to c:my out the directions of the preceding sentence. Tne Participants who receive such
distributions shall be solely responsible for determining whether, and to what extent, any amounts
they receive will be disnibuted to individuals who were covered by benefit programs provided by
the terminating Pool.
99C9J::~.1~~
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6.6 Funding of Risk. Premiums may be adjusted, but no retroactive assessment shall be made
wit..:.:cut consent and a~eement by the affected Par.icipants. Subject to their obligation to provide .
acc::rate information regarding U.~e individuals who will receive benefits from a Pool, no Panicipa.'1t
or its employees shall bear any fina.'1cial risk other than u.l.e agreed upon premium.
SECTION 7
LENGTH OF AGREEMENT A.J.'i1) TER.ylli'fATION
Pu[S;"rant to ;\-linn. Stat. 471.59, Sucd. 4, but subject La the provisions herein relating to Panicipa.'1t
witidrawa1, u:.us Agreement shall be ongoing.
SECTION 8
LL\BILITY OF PARTIES
Anv Participant to this Ag-reement holds the Board and its emolovees and it desismees, and the SC
~... - ... ~ -
and its board, employees and desig!1ees, harmless from any and all causes of action arising at law
or in equity unless such action shall arise from its or their gross negligence and is peffilitted, a.L~er
application of all doctrines and statutes respecting immunity, by applicable law. The parties agree
to \Valve a.'1y rights to litigation from any dispute arising out of this Agreement unless such action
is the result of intentional wrongdoing. All benefits hereunder are the sole responsibility of the
Provider(s) and the Par.icipants, and shall not be the resDonsibilitv of the Board or the Sc.
. ..
SECTION 9
.
AGREEIVIEl'/l BY PARTICIPATION
AIl)' goveffiJ.-nental unit, and any nonprofit or non-governmental entity, which participates in any of
the Group Employee Benefits or Other Financial and Risk Ma.lagement Services and remits
premium and/or contract charges in accordance with this Agreement, shall be deemed to have
approved this Agreement a.'1d, in the case of an eligible governmental unit, to have executed this
Agreement by its duly authorized officers, and shall be bound by the terms and condirions of this
Agreement to the same extent as if such formal approval had been obtained and such execution had
occurred.
9'fC'90'J::: :.:::.:
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Pursuant to all applicable state and rede:-allaws, this Agreement has been approved by the goveming
boards of the par-Jes and is signed by the duly authorized officers or the parties.
P .A...P.. TICIP ..~"l'rr iY!ENffi ER
Name of Orga.-tization
By
Title
Date
SERVICE COOPERATIVE
Name of Org2J'lization
By
Title
. Date
.
99C902:!~:~
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AD D El't"D uJ\'I A
1.
, S C Service Fees
Tne SC shall be oaid a monu.'1lv administration fee as orovided in Section 5,3 of the ODeratins:
.. J ol. .. -
Agreement berween the SC and Blue Cross and Blue Shield of r."linnesota equal to 2,0% of the total
montpJy contract charges paid by each Panicipant.
9%902: [4';:4
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. NIEi\;IOR<\1'.l)Ui\;1
TO: Mayor and City Council
FROM: Sue i\Joore, Administration
DATE: February 7, 2000
St~BJECT: Contract with Clarey's Safety Equipment, Inc. and Purchase of Fire
Extinguishers
Discussion:
\Ve asked two companies for bids regarding fire extinguishers and the maintenance of the
fire extinguishers. \Ve received one bid from Clarey's Safety Equipment, Inc. and one
from Nardini Fire Equipment Company (see attached quotes). Clarey's Safety
Equipment, Inc. had the lower bid.
. Recommendation:
Council approve Clarey's Safety Equipment, Inc. to supply us with fire extinguishers and
the maintenance of the fire extinguishers.
Approval:
If council concurs with the recommendation please adopt the resolution approving the
contract and the purchase of fire extinguishers with Clarey's Safety Equipment, Inc.
.
RESOLUTION NO
ACCEPTING QUOTES AND APPROVING CONTRACT
WITH CLAREY'S SAFETY EQUIPMENT, INC.
FOR PlJRCHASE A1.~l) SERVICING OF FIRE EXTINGUISHERS
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Contract between
the City of Stillwater and Clarey's Safety Equipment, Inc, for the purchase and servicing of
fire extinguishers for the years 2000 through 2003, is hereby approved.
Adopted by Council this 15th day of February, 2000.
Mayor
ATTEST:
City Clerk
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Clarey's Safety Equipment, Inc.
3555 Ninth Street Nll: Suite #200
Rochester, jJtIN 55901
507/289-6749 or 800/558-8009
Fax 507/289-5213
January 24, 2000
Chantell Kaclin
Stillwater City Hall
216 N 4th St.
Stillwater, MN. 55082
Dear Sue or Chantell,
I am pleased to offer you the following fire extinguisher servicing price quote for the years
2000-2003.
All :fire extinguisher inspections, at a rate of $2.00 per fire extinguisher, for all sizes or fire
extinguishers. Halatron fire extineouishers will be recharged based on the price ofHalauon
at the time recharging is needed. Please see the attached price sheet for recharging and
hydro-testing offire extinguishers. Parts are not included.
You will not be charged any vehicle trip charge at any time for fire extinguisher
inspections. recharging or hydro-testing.
If you are in agreement with this quote, please sign the enclosed letter and send it back to
Clarey's Safety Equipment. Please keep the additional copy for your file.
I have enclosed two separate quotes for you to choose from. If you have any questions
please contact me.
Sincerely,
.....--
/:J.~, - --
V' .r~ (,'__ i;.... --_:=.---
Wayne Fuoss
Your Signature
. Safe-t\i is..
.'. '.' .;"'.. '<:"'::';:;";'O"~'-~;-:''-''>uJ>.:c:'~:' .".->--:'::.~:::.,
D
.....u,SJl1ess
-.. - ...:.:-~.:..::: "::'-._-..;-__..o._ --- _--~.~..-,_..._,-
Visit our web site at www.clareys.com
E-lYlailus at i]~fo@clareys.conL
Clarey ~s Safety Equipment, Inc.
3555 Ninth Street NW; Saite #200
Rocli!!ster~ lJI.IN' 55901
51)7/289-Si49 07 800/558-8009
Fax 587/289-5213 .
December 27, 1999
Sue Nfoore or
Chantell Kadin
Stillwater City Hall
216 N 4th St.
Stillwater, NIN. 55082
Dear Sue or Chantell~
I am pleased to offer you the following fire extinguisher servicing price quote for the years
2000-2003.
All fire extinguisher inspections, recharging, six year maintenance and hydro-static testing
at a rate of $6.00 per fire extinguisher, for all sizes of dry powder and Co2 fire ,
extinguishers, Halatron fire extinguishers will be recharged based on the price ofHalatron
at th_e time recharging is needed. Parts, are not included.
If you are in agreement with this quote, please. sign the enclosed letter and send it back to
Clarey's. Safety Equipment. Please keep the additional copy for your file.
I have enclosed two separate quotes for you to choose from. If you have any questions
please contact me. '
SL,l1cerely,
.~A~r/~~~
Wayne Fuoss
Your Signature
"""=
~~~Lln~ss
Visit our web site at www.clareys.cDm
E-Jj;Iail us at info@j.clareys.com
~
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l\tIETRO FIRE EXTINGUISHER SERVICE R:\TES
Servics & Insped:ion (1 to 12 Units)
(13 to 25 Units)
(25 + Units)
Recharge 2.5# ABC or BC
Recharge 5# ABC or BC
Recharge 6# ABC or BC
Recharge 10# ABC or Be
Recharge 20# ABC or Be
Recharge 30# ABC or BC
Recharge 5# C02
Recharge 10# C02
Recharge 15# C02
Recharge 20# C02
C02 Continuity Test & Label
4
R charg , A... "
e e 2.5# Halon ~~
Recharge 5# Halon , ,
~=::. U:~:n K. 0
Recharge Halon 1211 (Pri Sl()th pound)
c,
Recharge Water Pressil!)
Hy~o-Test Dry Ch & Water Units
Hydro-TestIDgh- Cylinder
Hydro-Test .Fib~~S Wrap Cylinder
Refill All C~dges .
Parts ~ for C02):
9' " tern Installed
Aft;. Installed
;' Si:'. on Tube Installed
~edNo~eInstalled
~ead Gasket Installed
Pull Pin Installed
$5.50 ea.
$10.50 ea.
$15.00 ea.
$15.00 ea.
$3.00 ea.
$8.00 ea.
$6.00 ea.
$8.50 ea.
$12.50 ea.
$18.00 ea.
$5.75 ea.
$5.95 ea.
$5.50 ea.
$4.95 ea.
$2.00 ea.
$0.75 ea.
L1st primed 01/1lJ99 8:29 PM
-
DEC-17-99 04:33 PM CLAREY.S SAFETY EQMT.
1 507 289 5213
Clarey's &/ei1 Equlp11UlIt, Inc.
8$55 Ninth Street NW, Suite #200
Rochester, MN 64901 ,_
!JfJ7/J89-8149 or _/6sa-8tJ09
F= MJ1JJ8fJ.U18
December 17> 1999
Sue Moore
Chantell Kadin
Stinwater City Hall
Listed below you will find a fire extinguisher price quote for fire extinguishers which we
discussed earlier 1ms week. If you have any questions please call me.
SIb. ABC fire extinguisher .....527.50 each
SIb. BC fire extinguisher...".$32.50 each
SIb. Be Halatron fire ex....inguisherS125.00 each
Thank you for considering Clarey's Safety Equipment for your fire and safety needs
~~~/
Office 1-800-558-8009
Fax 1-S07-289-5213
Cell phone 1-507-254-4217
Visit our web site at www.clareys.com
E-Mail usatt1tfo@clareys.com
ess
P.€!2
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PROPOSAL
NARDINI FIRE EQUIPMENT COMP At~"Y
405 COUNTY RD. E WEST
ST. PAUL, MN 55126-i093
PH 651.483.6631 - FX 651.483.6945
www.nardinifire.com
Proposal submitted to:
City of Stilhvater
I Phone
430-8803 01/04/00
I Job Name
City Hall, Fire Dept., Police Dept.
I Job Location/Phone
Stillwater, MN
Date
Street
216 N. 4th Street
City, State, Zip Code
Stillwater, NfN 55082
We hereby submit specitlcations and estimates for:
ATTN: Sue Moore
\Ve propose to provide labor and material as required to provide periodic maintenance on the hand portable
fire extinguishers in your facility. All work proposed shall be performed by factory trained technicians
in accordance with N,F.P .A. 10 requirements and local codes. Your confidential costs are as fo11o\.vs:
A. 1-1AINTENA."l'CE
1. Cost per extinguisher
2. Cost per exit/emergency light
3. Trip charge per invoice
4. New equipment
5LB ABC or BC dry chemical extinguisher
. 5LB Halitron clean agent extinguisher
$ 3.00
$13.00
$18.00
~-:'n tl', ~~ .:17.S0
$99.00 ea.
B. HYDROTEST AND RECHARGE PRlCES
1. Discount from regular prices 20%
(See enclosed price sheet)
- The above prices are firm for two years if accepted within 30 days.
-Parts and repair labor are additional.
- Your annual maintenance is due in
2000
\Ve propose hereby to furnish material and labor - complete in accordance with above specifications. for the sum ot:
All material is guaranteed to be as specitied, All work to be completed in a
workmanlike manner according to standard practices, Any alteration or deviation from
above specifications involving 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. Owner to carry tire.
tornado and other necessary insurance, our workers are fully covered by \V orkmens
Compensation Insurance,
Authorized Sig~ture, /7 /' _' / / /f
. I/' (i7 '/ I/~.I///~./ / ~/'-;^---
Tom Nardini " /
Note: This proposal may be withdrawn by us ifnot accepted within 45
days,
tance of Proposal - The above prices, specitic:aions and conditions are
satisfactory and are hereby accepted, You are authorized to do the work as specified,
Payment will be made as outlined above,
Signature
Date of Acceptance
~ 405 county roce e 'vi
st, peul. mn 55126
phone: (612) 483-6631
fex: (612) 483-6945
rdini
Fire Equipment CO.I Inc.
~ 3313 flechtner drive
fergo. north dCkC.~ 'c
phone: (701) 235-
fex: (701) 235-5089
August 1997
STORED PRESSURE
PORTABLE FIRE EXTINGUISHER
HYDROTESTIRECHi\RGE/6- YEAR
REFLECTS 20% DISCOUNT
TYPE CODE SIZE RECHARGE HYDRO 6-YR
DRY CHEMICAL ABC Al 2.75# 7.00 9.60 6.40 HYDROTEST DUE
A2 5u 9.20 9.60 6.40 EVERY 12 YRS
rr
STORED PRESSURE A3 10# 14.00 9.60 9.60
TYPE A4 20# 24.00 9.60 9.60
BC Rl 2.75# 6.00 9.60 6.40 HYDROTEST DUE
R2 5u 8.40 9.60 6.40 EVERY 12 YRS.
rr
STORED PRESSURE R3 10# 12.00 9.60 9.60
TYPE R4 20# 17.20 9.60 9.60 .
PURPLE K PI 2.75# 9.20 9.60 6.40 HYDROTEST DIJE
P2 5# 12.00 9.60 6.40 EVERY 12 YRS.
STORED PRESSURE P3 10# 19.20 9.60 9.60
TY?E P4 20# 36.00 9.60 9.60
C02
Cl 2.5# 6.00 11.20
C2 5# 7.40 11.20
C3 10# 8.60 11.20
C4 25# 9.80 11.20
C5 20# 11.00 1l.20
WI 2.5 GAL 4.80 6.00 HYDROTEST DUE
EVERY 5 'YES.
WATER
FIRE HOSE HYDROTEST
20.00 EA HYDROTEST DUE 5 YRS AFTER PlJRCHASE
AND EVERY 2 YRS THEREAFTER.
:1.
ANSUL.
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BADGER
I:.
/ I~,.~
(~4;
~,. S
''''f!'oll ~~...'l"~
THE MARK OF
PROFESSIONAL SERV:CE
9
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.JJ KIDDE
f.;::: ~
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STAFF REQUEST ITEM
Department: Fire
I Date: February 9, 2000
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Send Captain Tom Crotty and Lieutenant Ken Gilliam to the Minnesota State Fire
School in North Mankato, March 4-5, 2000.
National Fire Academy course: Instructor Training - Instructional Techniques for
Company Officers (12 hours)
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)
Registrations 2 @ $70 = $140
Hotel 2 rooms x $70 x 2 nights = $280
Meals 2 people, 2 days $80
Travel department vehicle
Estimated Total Costs $500
Funds from Fire Department normal operating budget, year 2000
ADDITIONAL INFORMATION ATTACHED Yes
No X
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Chief Kallestad
I Date: February 9, 2000
STAFF REQUEST ITEM
DEPARTMENT Sewer Department
DATE:
February 8, 2.
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Request to purchase televising crawler for televising city sewer lines, $8,000 was budgeted for the year 2000.
We received a quote that was $1,461.72 over the budgeted amount. Even though the quote is higher than anticipated,
the City. will benefit from the purchase in a short time. For comparison, the cost to hire an outside firm to televise
one sewer line would be approximately $2,500. This cost could be recouped by using the televising crawler one time.
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)
.
This item was budgeted for under Capital Outlay Machinery and Equipment in the 2000 budget
ADDITIONAL ITEMS ATTACHED:
YES
NO
x
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
-r ' /} j.? )
SUBMITTED BY '-////7 '-#--mr.J//( ~
Tim Thomsen, Public Works Su,pe' ent
DATE:
February 8, 2000
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Memorandzlm
February 10, 2000
TO: Mayor and City Council
FROlVI: Klayton H. Eckles '1-& /'
City Engineer
SUBJECT: Change Order for Downtown Decorative Street Lights
Project 9821
DISCUSSION:
Attached is a change order from NSP for additional work required due to unforeseen
conditions in the Downtown Decorative Street Light Project. The City has an agreement \vith NSP
to complete this project and that the City will pay for all related costs for this project.
RECOiVIlVIENDA TION:
l'recomrnend that Council approved the change order for the Downtown Decorative Street
Lights proj ect.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting Resolution
No. 2000-_, APPROVAL OF CHAJ.'fGE ORDER NO.1, DOWNTO\VN DECOR;\TIVE
STREET LIGHTS (PROJECT 9821)
RESOLUTION NO. 2000-
APPROVAL OF CHA1~GE ORDER NO. 1
DOvVNTOW'N DECORATIVE STREET LIGHTS
(pROJECT 9821)
NOvV, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, that Change Order No.1 for additional costs for the Dmvnrown
Decorative Street Lighting project at a cost of $10,925.60 is hereby approved and payment
authorized to NSP in the amount of $10,925.60.
Adopted by Council this 15th day of February, 2000.
Jay L. Kimble, Mayor
Attest:
Morli \Veldon, City Clerk
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CITY OF STILLWATER
tlT1L ODL BAF
CHANGE ORDERS
Date Description Expenses
No wire from 30' existing light. Work performed: remove
1 paver stones, cut & remove concrete. NW comer of Myrtle & Saw & remove
Main. 10 hrs. 3-Nov concrete 235.20
3-Nov Labor 2,441.60
2,676,80 I
Conduit not where supposed to be. Work performed: Expose
2 last known conduit. Cut concrete, remove paver stones. Run
fish tape. Locate end, cut concrete, remove pavers, find
conduit (10 hours) 17 -Nov Labor 2,441.60
2,441.60 I
Install new SPR17, pull new wire. Work performed: shoot 3"
3 hole, pull 130' pipe, rat hole under sidewalk, cut & remove
concrete. Install conduit, pull wire. 17 -N ov Labor 2,441.60
. 2,441.60 I
Pull new wire, jack hammer rock, expose existing wire. Work
4 performed: Pull new wire, 1500', cut & expose existing wire.
Make butt splices, attach sweeps 5-Nov Labor 2,441.60
2,441.60 I
5 Electrician to tap into power source, set hand hole, splice
wires & make connection 29-Nov Labor 924.00
924.00 I
TOTAL COST OF CHANGE ORDERS
'l-t
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NiP
NORTHERN STATES POWER CO.
414 NICOLLET MALL
MINNEAPOLIS, MN 55401
Attn: Greg Corbett (612) 330-6067
TO:
CITY OF STILLWATER
ATTN: KLAYTON ECKLES
216 N 4TH ST
STILLWATER MN 55082
JANOQ-02
January 31, 2000
INVOICE NUMBER:
INVOICE DATE:
PURCHASE ORDER:
TERMS:
INVOICE AMOUNT:
NET 10 DAYS
$10,925.60
CREDIT ACCOUNT:
REFERENCE:
14,38,03,03
STRL TO
INVOICE
Costs associated with installation or Streetlighting Sytem:
See Invoice NOV99-10.
Change orders, per attached, for above service.
For Additionallnrormation:
John Olson
(612) 362-2803
Reference: 413449
TOTAL AMOUNT DUE: $
PLEASE RETURN INVOICE COPY WITH PAYMENT: Attention CASHIERS
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Memorandzlm
February 9,2000
TO: Mayor and City Council
FRO.iVl: Klayton H. Eckles \Lt::' ./
City Engineer
SUBJECT: Snow Removal for 1999-2000 Winter Season
DISCUSSION:
Attached is an agreement with Lehmicke Construction to provide snow removal services for
the St. Croix Recreation Center, trails and sidewalks for the 1999-2000 season. Lehmicke provided
the service to the City last year and this season at the same rate as the 1998-99 contract.
RECO.iVl.iVlENDA TION:
This firm has provided satisfactory service and I recommend that the Council formalize this
year's snow removal service by approving a contract with Lehmicke Construction
ACTION REQUIRED:
If Council concurs, they should pass a motion adopting Resolution No. 2000- ,
RESOLUTION APPROVING AGREEMENT 'WITH LEHMICKE CONSTRUCTION FOR
SNO\V REIHOV AL SERVICES FOR 1999-2000.
RESOLUTION NO. 2000-
RESOLUTION APPROVING AGREEMENT \VITH LEHl\-IICKE CONSTRUCTION
FOR SNO\Y REMOVAL SERVICES FOR 1999-2000
\VHEREAS the Council did authorize and direct the City Engineer to solicit bids
returnable at 2:00 p.m. on Friday, November 27, 1998 for snow removal services within the City
of Stillwater in accordance \vith the plans and specs on file in the City Clerk's office;
\YHEREAS, Lehmicke Construction was the low bidder for snow removal services
according to the specifications; and
\VHEREAS, that Lehmicke Construction has stated that the services and costs of those
provided in 1998-99 will remain the same for 1999-2000 winter season.
NO\Y, THEREFORE, BE ITRESOL VED by the City council of the City of Stillwater,
Minnesota that the Snow Removal Services Agreement between Lehmicke Construction and the
City of Stillw'ater, hereto attached as Exhibit A, is hereby approved and the Mayor is authorized
to sign said Agreement on the City of Stillwater's behalf.
Adopted by the Council this 15th day of February, 2000.
Mayor
ATTEST:
City Clerk
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AGREEMENT FOR.\{
SNOW REMOVAL SERVICES
1999-2000
THIS AGREEMENT, made and entered into this day of , 2000, by and between
Lehmicke Construction, 12077 87,h Street N., Stillwater, NIN 55082, party of the first part, and
the City of Stillwater, a municipal corporation of Washington County, Minnesota, part of the
second part:
WITNESSETH:
The party of the first partagrees to provide a Bobcat or equivalent with snowblower, bucket or
angle blade for the purpose of sidewalk and trail snow removal and heavy equipment for snow
removal on parking lots and upon notification by the City, the party of the first part agrees to
perform snow removal services as specified in the proposal (attached) of the said party of the
first part dated November 27, 1998 and in the snow removal specifications dated November 12,
1998, on file in the office of the City Clerk, and made a part hereof by reference the same as if
set out here in full, for and in consideration of the sum oflisted on the attached bid proposal.
Payment to be made \vithin thirty days after a legal claim therefore is presented.
IN \\lTi'fESS \VHEREOF, the parties hereto have executed this agreement as of the day and
year first above written and the same shall be equally binding upon each parties and their
successors and assigns.
BY
Title
In the presence of:
CITY OF STILLWATER
BY
Mayor
ATTEST:
City Clerk
PROPOSAL FORi'\!
FOR SNOW REMOVAL SERVICES
CITY OF STILL W.A_TER
. 1998.
BIDS TO BE OPEC,' 2:00 P.M., FRIDAY, NOYEi\-IBER 27,1998.
The undersizned bein!Z fa"..uliar \vith vour local snow re:noval conditions. havin!Z made all ne:::essarv
. . - - J . _ ..
InvestIgations and being familia!' \vith all other factors affe::tiIlg the conditions for sno\v re:noval here::;y
proposes and agTees:
.~.. To supply and ooerare Lll accordance with the specifications preoared bv the City of Stilh-;..ater. dared
1\ovemb;r 27, 1998, a BODcat (or equivalent) "vith snowblower: bucket"or angle blade, a load~r,
heavy pIa".".. truck(s), motor grader, andlor other snow removal equipment for removal a::.d stockpili::g
of SIlO\V from the designated areas within the City ofSt:ilhvater.
B, That the bid price shall be as follows:
1) For removal and stockpiling of snow from St. CroL"{ V alley Recreation Center parking lot
/r.1~CdT ,(/'//~ll
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a) 0-4" SnO\v Accumulation Price - S ,r:J,J:- t7 Q
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Proposed Equipment 77 7
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b) 4-8" Snow Accumulation Price - S "7.r;-(J {)
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c) 8+" Snow Accumulation Price - $ l' OJ, v I
2) For removal of snow from designated paths/waL1.cways eight feet (8') in width, five hundred fee:
(500') in length aIld based on a four (4") accumulation of sno\v of average weight and density.
Proposed Equipment IJ /, C ~ r tv, 'rA 7 I d":) /6' lA/ h / ~/c:/ -f?
yo
UniL Price -
s b. r-: rJ tJ per hour
Estimated time - /
hours.
3) For removal ofsTIOW from designatedpaths/walkways, five feet (5'), in width, five hUDdred feet
(500 ') in length and based on a four inch (4") acctlITlUlation 0 f snow of average \veight and
density.
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Proposed Equipment
Unit Piice -
S ~:f/-.fOoer hour
.
EstrIT:2.ted time - / hours.
C. That prices bid will be firm and iIl effect throu~;.,out the \vmter season of 1998 - 1999.
D. To furnish a cashier's check or cash deposit in the 2.."1l0ll.."lt of S 1 00 payable to the City of S tilhvater
2..:."1d the same is subject to forfeiture in the event of default or failure to execute the prescribed
contract within fifteen (15) days after submittal of the contract to me by the City.
.
E, 1 I},at the undersi~ed is familiar v;ith the "Start Ho Time" reGuireme;J,ts of the sweci:Ec2.:ions,
- ...........
F. Tnat it is understood that bids may not be \vithdra\vll for a period ofu'llrty (30) days af:er the date 2nd
time set for the opening of bids, It is also underswod that the City Council reserves u'1e ri~ht to [etas
tne certified check or cash deDosits of the three 10\vest bidders as determined bv the Cii:v Council for
. - .
a period not to exceed thiiL! (30) days after the date set for the opening ofbies.
G. Th2.t in subrr-titling this bid it is understood that the Cit~;! Cotmcil reser-y'es the right to re}ect 2..:.'"'lY c..::d
2.11 bids, to w2.ive irrezularities and inform2.lities t~erein. 2...:.'"'ld to aW2.rd the contrc.c: to the best i:::teres:s
- .
of the City.
ResuectfuIly sub!T1jtted
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Memormulum
February 11, 2000
TO:
Mayor and City Council
FROM:
/
Klayton H. Eckles /(r:-/"
City Engineer
SUBJECT:
Payment for Construction ofNURP Pond
Associated with Holiday Inn Express
DISCUSSION:
Attached is a letter from Darby Sheets of Keziah Properties, LLC, requesting payment of
$24,900 for construction of a NURP pond. You will recall that as part of the Long Lake Water
Quality Improvement Study the Tower Drive Pond was identified as a potential NURP pond
expansion project. In the original study, we estimated the cost to be approximately $135,000 to
complete this work.
Illstead of hiring a private contractor to complete this work, staff worked cooperatively with
the developer, Mr. Sheets. This process has allowed the developer to avoid the need to build NURP
ponds on site and the City to share the storm sewer and the significantly enlarged Tower Drive Pond
with the developer. In our negotiations with the developer, we indicated that the City would pay
approximately half the cost, not to exceed $24,900. As the attached invoice shows, the developer
spent over $61,000 to make these improvements. '
RECOMMENDATION:
Staff recommends that Council authorize the payment of$24,900 to Keziah Properties, LLC.
ACTION REOUIRED:
If Council concurs with the recommendation, they should pass a motion authorizing payment
of $24,900 to Keziah Properties, LLC.
.ALl- ~ /-~ '1"- ;/~
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Keziah Properties L.L.C.
4620 Hwy. 29 South, Alexandria, MN 56308
Phone 320-763-6552 Fax 320-762-6591 Mobil 320-760-9300
1/19/00
Dear Board l\:lembers,
I am writing this letter regarding the NERP pond I constructed in conjunction with the city of
Stillwater. The pond has been completed in accordance to the plans and specs provided by
Westwood Professional Services and Klayton Eckles, including seeding, rip-rap and storm water
piping. At this time I would like to request the city's participation in this project for
approximately half of the total cost $24,900. I enclosed a copy of the plan and the excavation bill
with this letter.
:D~Y~AtD
Dru!~: G. Sheets
V. P. Keziah Properties L.L.c.
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651-257-9469
. . .IHVOICE
DATE: December 7, 1999
TO: Darby Sheets
S & S Hospitality
4620 Highway 29 South
Alexandria, MN 56308
JOB HOLIDAY EXPRESS
WASHINGTON AVE - STillWATER, MN
OTY UNIT DESCRIPTION PRICE TOTAL
6100 CY BUILDING PAD SUBCUT 3.75 - $22,875.00
7932 CY BUILDING PAD GRANULAR BARROW 6.00 - $47,592.00
1 LS SiTE GRADING 8000.00 $8,000.00
1060 CY PARKING LOT GRANULAR SORROW 6.00 - $6,360.00
600 LF SILT FENCE 2.50 $1,500.00
1 LS ROCK ENTRANCE 750.00 $750.00
1 LS REMOVE CONCRETE CURB 875.00 $875.00
1 LS REMOVE BLACKTOP 500.00 $500.00
1 LS ~)TORM SEWER PER PLAN & SPECS 7800.00 $7,800.00
1 LS WATERMAIN TO SLOG PER PLANS & SF 4900.00 $4,900.00
1 LS SANITARY SEWER TO BLDG PER PLAN 3500.00 $3,500.00
lAND SPECS
EXTRA WORK
1 LS POND 50000.00 $50;000.00'
1070.99 ITON CLASS 5 RECYCLE 9.50 $10,174.41
51.1 [TON RIP RAP 65.00 ; $3,321:S0'
1 LS ~EED AND MULCH 2875.00 $2, 875JlO
190 LF 24" STORM SEWER 28.00 .$5;320])0
1 EA CATCH BASIN 1600.00 $1,600.00
rrOTAL DUE $177 ,942.91
WORK IS COMPLETED.
PER CONTRACT BALANCE IS DUE NOW
1.5% PER MONTH CHARGE ON ALL AMOUNTS DUE OVER ~O DAYS
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RESOLL'TION
RESOLLTIO~ APPROVI~G \YORKER'S
COMPEl\'SATION FOR THE CITY'S ELECTED OFFICIALS
\VHEREAS, the City of Stillwater purchases worker's compensation insurance from the
League of Minnesota Cities Insurance Trust, and
\VHEREAS, the City has ahvavs covered the elected officials on the \vorker's
. .
compensation policy.
NO\V, THEREFORE, BE IT RESOLVED by the City Council of the City of
Stillwater, that this resolution sets forth in writing the actions taken by the City Council:
to cover the city's elected officials on the city's workers' compensation insurance policy.
Adopted by council this 15th day of February, 2000.
Mayor
Attest:
City Clerk
wI E wI 0 RAN D U 1\1
TO:
Mayor and Council
.
FROM: City Clerk
DATE: February 11, 2000
SUBJECT: Telecommunications restructuring - Item 14, Consent Agenda
Information on this item was not available at the time packets were assembled. The City
Attorney will provide information at the Tuesday, Feb. 15 meeting.
.
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RESOLUTION NO. 2000-
.
WHEREAS, the City of Stillwater has been granted the legal authority to negotiate,
award and regulate cable television franchises under both Federal Statute Title 6 and
Minnesota State Statute Chapter 238; and
WHEREAS, the City of Stillwater accepted the responsibility that comes with the
awarding of the cable television franchise, including ensuring that the cable company
meets the identified needs of the community such as community television and
institutional networks and by serving as a local resource to resolving customer service
issues and customer complaints; and
WHEREAS, state legislation has been proposed that would repeal Chapter 238 and
revoke the City's authority to award a cable television franchise, eliminate the City as a
local resource to its citizens for resolving customer service issues and customer
complaints, and remove the City's ability to receive direct support for community
television and other provisions that meet community needs; and
WHEREAS, it has not been demonstrated that local governments' role in cable
franchising impedes in any manner the ability of cable and telecommunications
companies to build infrastructure or to offer full and competitive services; and
.
WHEREAS, while the City of Stillwater acknowledges the regulatory challenge of
addressing the convergence of voice, video and data services, local governments are
essential to any legislative discourse in this area and must retain authority to ensure
continued local support for its community;
NOW THEREFORE, BE IT RESOLVED:
1. that the City of Stillwater must retain its authority to define and meet local
community telecommunications needs through the franchising of companies that provide
cable television services or otherwise and to retain its local authority to enter into
contracts to serve its community;
2. that any plan for telecommunications restructuring in Minnesota should
continue to provide the City of Stillwater with stable and undiminished funding, through
franchise fees, in-kind services and grants for community television (PEG access) and
institutional networks, in order to meet local telecommunications service needs and
interests;
3. that any plan for telecommunications restructuring in Minnesota should be
consistent with federal law; and
4. that any plan for telecommunication restructuring in Minnesota should
expressly provide authority for local governments to build and operate their own
telecommunications networks to provide their citizens with advanced and competitive
telecommunications services.
Adopted by Council this 15th day of February, 2000.
.
Mayor
Attest:
City Clerk
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RESOLL'"TION NO. 2000-
RESOLL'"TION RELATING TO FINAl'iCIl'iG OF CERTAIN PROPOSED
PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILL'VATER;
ESTABLISHING COMPLIAl'iCE 'VITH REBIBURSElVIENT BOI\l)
REGULATIONS Ul\l)ER THE INTER'iAL REVEl'iUE CODE
Be it Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City),
as follows:
I. Recitals.
a. The Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the Regulations) dealing with the issuance of bonds, all or a portion
of the proceeds of which are to be used to reimburse the City for project
expenditures made by the City prior to the time for the issuance of the bonds.
b.
I
The Regulations generally require that the City make a prior declaration of its
official intent to reimburse itself for such prior expenditures out of the proceeds of
subsequently issued borrowing, that the borrowing occur and the reimbursement
allocation be made from the proceeds of such borrowing within one year of the
payment of the expenditure or, iflonger, within one year of the date the project is
placed in service, and that the expenditure be a capital expenditure.
c. The City desires to comply with requirements of the Regulations with respect to
certain project hereinafter identified.
2. Official Intent Declaration.
a. The City proposes to undertake the following projects described on Exhibit A
attached hereto.
b. Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the
transition provision of Section 1.1 03-18( I )(2) of the Regulations or (iii)
expenditures constituting of preliminary expenditures as defined in Section 1.103-
1 S(i)(2) of the Regulations, no expenditures for the foregoing projects as
identified on Exhibit A have heretofore been made by the City until after the date
of this Resolution.
c.
The City reasonably expects to reimburse the expenditures made for the costs of
the designated projects out of the proceeds of the debt (the Bonds) to be in
incurred by the City after the date of payment of all or a portion of the costs. All
reimbursed expenditures shall be capital expenditures as defined in Section 1.150-
1 (h) of the Regulations.
d,
This declaration is a declaration of official intent adopted pursuant to Section
1.103-18 of the Regulations.
.
3. Budgetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long term basis or otherwise set aside (or reasonably expected to be reserved, allocated
on a long term basis or otherwise set aside) to provide permanent financing for the
expenditures related to the projects other than pursuant to the issuance of the Bond. This
resolution, therefore, is determined to be consistent with the City's budgetary and
financial circumstances as they exist or are reasonably foreseeable on the date thereof, all
within the meaning and content of the Regulations.
4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly
available official books and records of the City. This resolution shall be available for
inspection at the office of the city clerk at the City Hall (which is the main administrative
office of the City) during the normal business hours of the City on every business day
until the date of issuance of the Bonds.
5.
Reimbursement Allocations. The City's financial officer shall all be responsible for
making the "reimbursement allocations" described in the Regulations, being generally the
transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of
temporary financing used by the City to make payment of the prior costs of the projects.
Each allocation shall be evidenced by an entry on the official books and records of the
City maintained for the bonds, shall specifically identify the actual prior expenditure
being reimbursed or, in the case of reimbursement of a fund or account in accordance
with Section 1.103-18, the fund or account from which the expenditure was paid, and
shall be effective to relieve the proceeds of the bonds from any restriction under the bond
resolution or other relevant legal documents for the Bonds, and under any applicable state
statute, which would apply to the unspent proceeds of the Bonds.
.
Adopted this
day of
,2000.
Mayor
Attest:
City Clerk
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EXHIBIT A
62nd Street \Vatermain
Year 2000 Capital Outlay
550,000
5963,000
, . . .
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- DRAFT-
RESOLUTION NO. 2000 -
CITY OF STILLWATER
WASHINGTON COUNTY, IHINNESOTA
RESOLUTION VACATJNG DRAINAGE AL"J) UTILITY EASEMENTS
ALONG THE COl\'Il\'ION OR SHARED INTERIOR LOT LTh'"E
EXISTING BETWEEN LOTS 8 AND 9, BLOCK 1, l\'IYRTLE\VOOD
\VASHINGTON COUNTY, J\IINNESOTA
WHEREAS, City of Stillwater has previously been petitioned by Richard L.
Huelsmann, the owner of Lots 8 and 9, Block 1, Myrtlewood, seeking the vacation of the
drainage and utility easements existing between the common or shared interior lot line between
Lots 8 and 9, Block 1, Myrtlewood, and
WHEREAS, applicant is also the owner of all of the property affected by the
proposed vacation, and
\VHEREAS, it appears to the City Council that the drainage and utility lot lines
proposed for vacation have never been used by the public and it is improbable that there will ever
by any public need for said drainage and utility easements inasmuch as the property is proposed to
be used as a residential lot on which a single family house is proposed to be constructed on or
about the common lot line between the above two referenced lots; and
\VHEREAS, it appears for the foregoing reasons to be in the public interest to
vacate tpe drainage and utility lot lines as it affects the shared boundary between Lots 8 and 9,
Block 1, Nlyrtlewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF STILLWATER AS FOLLOWS:
1. That all that part of the drainage and utility easements described below be
and the same are hereby vacated:
That the legal description of the area to be vacated is as follows:
That part of the 6,00 footwide drainage and utility easement
adjoining the south line of Lot 8 and the 6.00 foom-ide drainage
and utility easement adjoining the north line of Lot 9, Block 1,
NIYRTLEWOOD, according to the plat on file and of record in the
Office of the County Recorder, Washington County, Minnesota,
lying westerly of the East 10.00 feet thereof and lying easterly of
the \-Vest 6.00 feet thereof
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Memo
DATE:
February 14,2000
TO:
Mayor and City Council
Chantell~
Administrative AssistantlPersonnel Coordinator
FROM:
RE:
2000 Memorandum of Agreement for Drop Off Center Recycling Grant
Distribution
Attached is the 2000 Memorandum of Agreement for Drop Off Center Recycling Grant
Distribution from Washington County. The term of the Agreement shall be from the date the
County Board approves the Agreement to December 31, 2000.
The City of Stillwater is responsible for coordinating the joint drop-off recycling program with
the City of Bayport and the City of Oak Park Heights. The County will grant the City of
Stillwater $2,964 ($0.50lhousehold) according to Metropolitan Council's 1998 population
estimates. In addition, the City of Stillwater a grant allocation of $398 for the City of Bayport
and a grant allocation of $772 for the City of Oak Park Heights.
Recommendation
It is recommended the City Council adopt the attached Resolution approving the 2000
Memorandum of Agreement for Drop Off Center Recycling Grant Distribution
RESOLUTIONS/RECYCLING DROP-OFF CENTER AGREEMENT,2000.02-15
RESOLUTION 2000-
APPROVING 2000 MEMORANDUM OF AGREEMENT FOR
DROP OFF CENTER RECYCLING GRANT DISTRIBUTION
WITH WASHINGTON COUNTY
BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that the 2000
Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington
County is approved. The term of the Agreement shall be from the date the Agreement is
approved by the County Board to December 31, 2000.
Adopted by the Council this 15th day of February 2000.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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FEB-11-2000 13:59 FROM
TO
4306809 P.02
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ACORD. CERTIFICATE OF LIABILITY INSURANCE I OATE (MwcO/YY)
0211112000
PAOOUCE!I THIS CEFmFlCATE IS ISSUED AS A MATTER OF INFORMATION
MCGARRY -KEARNEY AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
243 S MAIN STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
STILLWATER, MN 55082 INSURERS AFFORDING COVERAGE
INSURED CITY OF STilLWATER iN51JFlERA: t.EAGE OF MN CITIES INSURANCE TRUST
CITY HAll I~VMIl B:
216 NORTH FOURTH STREET IN$URaI C: ..
STlLlWATER, MN 55082 ffilll'lER 0:
I lNSl..'~e;
COVERAGES
rHE POI.ICrES Of' INSUFV.Nc:s:: i I!I;TEO SELOW HAve; SiieN IULJl:O TO nil:' IN~UFleD NAME!) MOVE FOR THE; POUCY P~FiIOO INDICATED, NOTWITHSTANDING
ANY REQUIREMeNT. TERM CR CONDITION OF ANY CONTFV.CT OA OTHER OOCUNlENT WITH REspeCT TO Wpo!lCH THIS ceRTIACATE MAY !iE ISSUED OFl
MAY PERTAIN, Tl-lE INSURANCE A.F'~ROED 8'r THE POLICIES D!SCRI6EO HEREiN ISSUSJECT TO ALL. THE! TERMS. EXC~USIONS AND CONOmONS OF SUCI<1
"'OLIClES, AGGR!GATE t.IMrTS SHOWN MAY H.AvE SEEN REOUCEo 8Y PAID Cl..AIMS,
TYPE ~ 1NSlIRAHe5 I"OUCv__
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COMMERCIAl OENa:fAL llA8lUTY
I ClAIMS MAD'" 0 oceu,,/'
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01/0112000 01/01/2001 eACHOCCVRAEi'a $
FiR. DAMAGe (~av Hrv) I $
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PiRSONAL, &. AI)\( INJ\1RY I $
~NeRAlAGGR~GATi $
F'l'lODVCTS. CQJdP.op .eGG $
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1000,000
A
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i COMBINeo liNll " lIMn'
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IS
Is
EXCESS lJA..lJTY
OCCUR 0 ClAIA.IS I.'AOE
I OTHER THAN
/4lJTO ON!. y;
BOolI. y 1NJt;R'Y
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AUTO O/Iil Y . EA ACcIQelT I.
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AGGREGATE
OSOOC'l'I8I.E
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WORKERSCOMPI.llaAlloN AND
EMPLOYli"'" UAaUTY
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---- , I (
CESCRIPTIOH OF Cl'EJIIA'l1ClN!n.QC.\'!'1ONSIVeHl~ESIEXC\.lJSIOHS AC~ BY ~ I'floYBONs
?? U-s
E.1.. EAcHACelOENT $
E, c. DISEASE ' EA E?tIPtOY" ~
E,L OISliA..<:E, POIJCY lMT i .
CERTlFIC4TE HOLDeR
! AOOIllONAl. INSuRED; I1I$IReR LETTER;
CANceLLATION
SIfOULOANYOF1lif AllOYe ceSCIll8EDPOUCIliS8E~.D'OClII ~ l:l<........1'IOtI
C4TE TIIIl'IfOF. THE ISSUING II'lSUflER Wlu. ~OEAYOR TO UA.1. ~ OAn WRlTItN
NOTICE to THE cmnRCArE HOlOEFlI'WUD TO TIfC L!JrT, IllJT FAlLURIi To DO so Sti~u.
1MPea!: ~o OlIU:IA~ 0I'l L OF ANY KL'ft) UPON THE 1W....Jl'ltJI. Il'lI ACCNT3 0t'I
~T""Veli.
AlJTHDIIlZ:Eo IIEPR1!
COUN I Y OF WASHINGTON
OEPT OF PUBliC HEALTH
ENVlROMENT & LAND USE DIVISION
WASHINGTON COUNTY GOVERNMENT eTR
STILLWATER. MN 55082
.RD 2S-S (7197)
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2000
MEMORANDUM OF AGREEMENT
FOR
DROP OFF CENTER RECYCLING GRANT DISTRIBUTION
THIS AGREEMENT made and entered into by and between the County of
Washington, hereinafter referred to as the "County", and the City of Stillwater, hereinafter
referred to as the "Grantee".
WHEREAS, the County desires to encourage and support residential recycling to
reduce the County's reliance on solid waste disposal facilities, and
WHEREAS, the Washington County Board of Commissioners has budgeted money
for 2000 to be used to further develop recycling service in the County.
WHEREAS, the Grantee, the City of Bayport, and the City of Oak Park Heights wish
to conduct a joint drop-off recycling program with the Grantee coordinating the program.
NOW, THEREFORE, the parties hereto agree as follows:
1.
Term.
The term ofthe Agreement shall be from the date this Agreement is approved by the
County Board to December 31,2000.
2. The County's obli~ation:
a. The County will pay the Grantee an amount equal to fifty cents per household
which shall equal $2,964.00 as determined using the Metropolitan Council's
1998 Population Estimates.
b. The County will pay the Grantee an amount equal to $398.00 which is the
recycling grant allocation for the City of Bayport and $772.00 which is the
recycling grant allocation for the City of Oak Park Heights based on the
Metropolitan Council's 1998 Population Estimates. All grant funds received
will be used to provide recycling services and public education as identified
in Section 3.b of this Agreement.
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c.
Indemnify and hold the Grantee harmless from any claims, suits, or damages
arising out of any act or omission of the County, its officers, employees, or
agents in the performance of the services provided for by this Agreement.
.
3. The Grantee's obli!i:ation:
a. The Grantee 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. If the total amount of funds are not used for
drop-off services, they may be used for curbside recycling services.
b. The Grantee will use all recycling grant money received in 2000, as a result of
this Agreement, for recycling services and public education related to
recycling. If all recycling funds are not used within the grant period, the
Grantee must submit a plan to the County by December 15, 2000, which
indicates how the funds will be used the following year.
c.
The Grantee 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 31, 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. Indemnification and Insurance:
a. The Grantee agrees it will defend, indemnify and hold harmless the County,
its officers and employees against any and all liability, loss, costs, damages
and expenses which the County, its officers or employees may hereafter
sustain, incur, or be required to pay arising out of the Grantee's performance
or failure to adequately perform its obligations pursuant to this Agreement.
b. The Grantee further agrees that in order to protect itself as well as the County
under the indemnity provision set forth above, it will at all times during the
term of this Agreement keep in force.
1. General liability insurance in the amounts of $300,000.00 for bodily
injury or property damage to anyone person and $1,000,000.00 for
total injuries or damages arising from anyone incident as required by
the County.
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2.
Any policy obtained and maintained under this clause shall provide that
it shall not be canceled, materially changed, or not renewed without
thirty (30) days prior notice thereof to the County.
A Certificate of Insurance evidencing this coverage must be provided to the County
before this Agreement is effective.
5. Data Practices:
All data collected, created, received, maintained, or disseminated for any purposes by
the activities of Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the
Minnesota Rules implementing such Act now in force or as adopted, as well as
Federal regulations on data privacy.
6.
Records Availabilitv and Retention:
Pursuant to Minnesota Statute l6B.06, Subd. 4, the Grantee agrees that the County,
the State Auditor, or any of their duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc. which are pertinent to the accounting practices and
procedures of the Grantee and involve transactions relating to this Agreement.
Grantee agrees to maintain these records for a period of three (3) years from the date
of termination of this Agreement.
7. Independent Contractor:
Nothing contained in this Agreement is intended or should be construed as creating
the relationship of co-partners or joint ventures with the County. No tenure or any
rights or benefits, including Worker's Compensation, Unemployment Insurance,
medical care, sick leave, vacation leave, severance pay, PERA, or other benefits
available to County employees, shall accrue to the Grantee or employees of the
Grantee performing services under this Agreement.
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8. Nondiscrimination:
During the performance of this Agreement, the Grantee agrees to the following:
.
No person shall, on the grounds of race, color, religion, age, sex, disability,
marital status, public assistance status, criminal record, creed or national origin
be excluded from full employment rights in, participation in, be denied the
benefits of or be otherwise subjected to discrimination under any and all
applicable Federal and State Laws against discrimination.
9. Noncompliance by Grantee:
If the County finds that there has been a failure to comply with the provisions of this
Agreement, the County may terminate the Agreement at any time following seven (7)
days written notice to the Grantee and upon failure of the Grantee to cure the default
within the seven day period. The County will require the Grantee to repay the grant
funds in full or in a portion determined by the County. Nothing herein shall be
construed so as to limit the Department's legal remedies to recover grant fund.
10. Termination:
This Agreement may be canceled by either party upon thirty (30) days written notice. .
Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if
there is no Administrator. Notice to Townships shall be mailed to the Township
Clerk. Notice shall be sent to the official business address of the City or Township.
Notice to the County shall be mailed to: Department of Public Health and
Environment, 14949 62nd St N, PO Box 3803, Stillwater,:MN 55082-3803.
11. Merger and Modification:
a. It is understood and agreed that the entire Agreement between the parties is
contained here and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items
referred to in this Agreement are incorporated or attached and are deemed to
be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as
an Amendment and signed by the parties.
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IN "VITNESS WHEREOF, the parties have executed this Agreement on the dates
. indicated below.
GRA.NTEE
'WASHINGTON COUNTY
BY
BY
TITLE
NIary NIcGlothlin, Director
Department of Public Health
and Environment
DATE
DATE
FEDER.A.L ID #
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TO:
FROM:
DATE:
SUBJECT:
CITY OF STILLWATER
MEMORANDUM
Mayor and City Council
Sharon Harrison, Assistant Finance Directort f]l-\.
February 14,2000
Utility Bill Adjustments-Sewer Charges
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1.
Description
Recommendation
Leaky toilet repaired
in August 1999.
Reduce October 1999 & future to prior 3 year average
of 13,000 gallons per quarter.
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~illwate~
THE BIRTHPLACE OF MINNESOTA ~
APPLICATION FOR PERMIT TO SELL
Permit No
2000 -- 50
Location Lily Lake Ballfields
Organization
Organization Type (Individual, For-Profit, or Non-Profit) Non Profit Organization
First Name Gary
Last Name Bieging
Address 414 S Owens
Date of Birth:
City Stillwater
State MN Zip 55082
Mailing Address (if different than above)
Home Phone 430-8108
Work Phone 369-7720
Event (softball game, wedding, etc. Softball Tournament
.'pe of Activity (fund raiser, dancing, music etc.)
Beginning Day: Friday, May 05, 2000
Beginning Time 6:30 PM
Ending Day Sunday, May 07, 2000
Selling of Beer 3-2 ~
Ending Time 10:00 PM
Selling of Beer (over 3-2)*
Selling of Liquor*
Selling of \Vine*
*Requires a temporary license through MN Liquor Control
Morli \Veldon, City Clerk
OFFICE USE ONLY
Pel"mit to Sell Issued
Approved by City Council on
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CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE 651-430-8800
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02/15/012
15:25
MAGNUSON LAW FIRM ~ 4308se9
1'-.0.233
Gl02
LUMBERJACK DAYS AGREEMENT
This Agreement between the City of Stillwater. Washington County, MiImesota ("City").
in conjunction with the Lumberjack Days Celebration of 2000, part of a com.mWlilY wide celebration
of the City; the LumbeIjack Days Festival Association, Inc., a Minnesota non-profit corporation
("Association"), that has been granted authority to dispense intoxicating liquor pursuant to Minn.
Stat. 9 340A.404, Subd. 10. ("Liquor").
1. Cel~~1:3tiQD. The City has encouraged a community wide celebration in order to foster
and promote tourism within the City of Stillwater and encourage commerce within the City that will
ultimately increase property values and the quality of life within the City, thereby promoting the
welfare of the City. The date of the celebration will be July 19, 2000 througIl July 30, 2000.
2. ~ }.ssociatiQD. Lumberjack Days Festival Association, Inc. has been granted authority
to dispense intoxicating liquor at the celebration and has contracted with the Association for the
administration of the Beer Garden where the liquor will be dispensed. It is the purpose of this
Agreement to set forth the terms and conditions that will control the dispensing of liquor at the
celebration.
3. The Area. The premise where dispensing will be permitted is the area bordered by the
Minnesota Commercial Railroad Track on the west~ the south line of Chestnut Street on the north,
the St. Croix River on the east and the south line of Nelson Street on the south, except for the right-
of-way ofChesmut Street (''The Area").
4. Fencin~. The Area. must be securely fenced. The City will provide the fencing material
and personnel needed to install the fencing. The Association must use their best efforts to see that
the fence remains intact.
.5. Crowd ManaL'ement. LID Will provide, at no cost to the City, privately paid uniformed
security officers equipped with radios. All security officers will be suitably identifiable. Tne
number and deployment of the Asia Security force must be approved in writing by the StiUwater
Police Chief by July I, 2000,
For the purpose oftbis plan, all Entry/Exit gates to the park must be controlled by security
personnel while alcohol is being served. At each of these entry/exit point, a paid security guard
must be in place to insure that no beer or liquor enter or leave the park area.
Signage will be prominently displayed at each entry/exit point to notify guests that DO
liqlJor/beer will be allowed in or out of the area.
Private paid security officers will roam the area checking to make sme Ulat each beer drinker
is wearing a Lu.mbe~ack Days 2000 beer drinking braceLet. Signs will be displayed throughout the
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MAGi~SON LAW FIRM ~ 43088lZ9
t-.O.233
15:26
area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer.
6. Identi ficanon Bracelets. The Association will provide at 110 charge liquor identification
bracelets at a. minimum of four (4) different locations in the area. The Association will permit no
one to consume liquor unless they are wearing an identification bracelet. The Association will be
responsible for the issuance of bracelets and d,at the bracelets are given only to these who are
legally entitled to consume liquor.
7. No Other Alcohol or. CooleIs. No liquor is allowed in The Area except that liquor which
is sold by the Association. The Association is responsible to see that no other liquor is brought into
The Area. The Association must not allow bottles, containers or coolers to be brought into The
Area.
8. Insunt.'i.ce. The Association must provide to the City satisfactory proof that it has
obtained liability insurance that names tb.e Association and the Cily as an addition insured, as loss
payees, in an amount of at least two bundred thousand and no/IOO dollars ($200,000.00) per pe:-son
and six hundred thousand and nolI 00 dollm (5600:000.00) per occurrence, for loss sustained by
either acts or occurrences that arise from or grow out of the celebration, and Liquor Liability
coverage as described in M.S. ~340A.409, eviden,ced at a minimum, the coverage described in Mum.
Stat. ~ 340A.409, Subd. 1.
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9. Siins, The Association will post signs, the number and content of whkh must be
approved by the City Police Cbiefdescribing the regulations prohibithlg liquor outside of The Are~
as well as the prohibition against participants bringing their 0\\11 liquor into The Area and the .
requirement for identification bracelets must be worn to consume alcohol.
10. Noise Control. The Association is responsible to co,n,trol the noise emanatiJ:g from The
Area at a level that will not interfere with the peace and repose of the residential area on the bluffs
on the north, west and south edges of the downtown.
11. Hours of Operation, No liquor may be dispensed after the hour of II ;00 p,m. on each
day until 12:00 p.m. (Noon) the next day. No bands or other music will be played after 11 :00 p.rn.
No liquor may be dispensed after 11 :00 p.rn. and no food may be served by vendors after 11:30 p.m.
12. Police-.E.Qwer. The City reserves the right to order a shut down of tile Area in the event
the Chief of Police deteImines, in his sole discretion, that the public safety is threatened or any
condition of this Agreement is violated. In that event, the Association will cease dispensing and
must assist the police in tbe clearing of The Area.
13. Hold Harmless and Indemni(y. The Association agrees to hold the City hannless and
to inderrmify and defend the City with regard to any claims causes of action or demands that might
be brought against the City arising out of the activities in. The Area including the dispensing of
liquor pursuant to this Agreement.
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122/15/80
15:26
MAGNLSON LAW FIRM ~ 4308809
t--.O.233
[;104
IN WITNESS WHEREOF, the parties have set their bands this
12000.
day of
Subscribed and sworn to before me this
day of I 2000.
Notary Public
Subscribed and sworn to before me this
day of . 2000.
Notary Public
LUMBERJACK DAYS FESTIVAL
ASSOCIATION, L~C.
By
Its
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
Attest:
Modi Weldon, Its Clerk
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15:26
MAGNUSON L~ FIRM ~ 43e8se~
NO.233
GJ05
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PARADE AND FIRE WORKS AGREEMENT
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This Agreement between the City of Stillwater, Washiogton County, Minnesota ("City");
David Eckberg, acting as disbursing agent ("Agent"), in conjunction with the Lumberjack Days
Celebration of 2000 and the Fourth of July Celebration of 2000, part of a community wide
celebration of the City; and the Lumberjack Days/St. Croix Events, Inc., a Minnesota non-profit
corporation ("Association").
1. The City has encouraged a community wide celebration in order to foster and promote
tourism within the City of Stillwater and encourage commerce within the City that will
ultimately increase propelty values and the quality of life within the City, thereby promoting the
welfare of the City.
2. In order to make the celebration a success, it is necessary to incur expenses associated
therewith.
3. The City has agreed to provide fmancial support to the celebration on the condition
that the money is disbursed for celebration related purposes.
4. The celebration shall be scheduled for July 27 througl1 30, 2000, and the 4th of July,
2000.
5. That financial support shall not exceed the budgeted amo\mt of nine thousarld and
notlOO dollars ($9,000.00) for the fourth of July tireworks display and six thousand and noli 00 .
dollars ($6,000.00) for the Lumberjack Days fireworks display, and six thousand and noll 00
dollars ($6,000.00) for the 2000 Lumberjack Days Parade related purposes.
6. That before funds are dispersed by the City, the Association agrees to provide the City
with evidence that a contract has been made with, Melrose Pyrotechnic, Inc. to conduct both
firework displays that are the subjec~ of this Agreement.
'I
i, That the Association is expected to raise revenues by charging fees for participation in
the celebration with the goa] that the cel~bration become self-supporting in the future by being
One hundred percent (100%) underwritten or sponsored by private sources. For this purpose the
City will accept donations for the benefit of the celebration for disbu.rsement for celebration
related purposes.
8. That the Association must provide to the City .satisfactory proof that it has obtained
liability insurance that name the Associati,on and the City as an additional insured, as Joss
payees, in an amount of at least two hundr.ed thousand and no/l 00 dollars ($200,000.00) per
person and six hundred thousand and no/100 dollars ($600,000.00) per occurrence, for loss
sustained by either acts or occurrences that arise from or grow out ofthe celebration.
9. The City will provide police and rue protection, and portable toilets without charge to
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02/15/iZQ
15:26
MAG~SON LRW FIRM ~ 430Sse9
NO. 233
Gl06
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. the Association at a level provided in past years.
10. The City agrees that the Association will have exclusive privileges for celebration
related activities in botb Lowell Park and Pioneer Park for the duration ofthe celebration, except
that the City reserves the right to issue beer pennits to vendors that are approved by the
Association.
11. ll'.e Association agrees to pay the standard park permit fee of $750.00. Dwnpsters
win be provided to the festivities at no Cost to the City.
12. David Eckberg is hereby appointed as Disbursing Agent of the City, and in that
capacity, is authorized to make disbursement upon satisfactory proof of identity being made to
him.
13. The Disbursing Agent is directed to obtain signed vouchers from each of the persons
or entities to whom a check is disbursed and to maintain a record of disbursement and executed
vouchers and deliver them to the City for keeping in the official records of the City according to
law.
IN WITNESS WHEREOF, the parties have set thelf hands tIlis
.2000.
day of
LUMBERJACK DAYS FESTIVAL! ST.
CROIX EVENTS ASSOClATION, INC.
.
By
Its
Subscribed and sworn to before me
this day of
,2000.
Notary Public
CITY OF STILL WATER
Jay L. Kimble, Its Mayor
Attest
Morli Weldon, Its Clerk
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1C2/15/00
15:26
MAGNUSON Lqw FIRM ~ 4308809
t-.O.233
Subscribed and sworn to before me
this day of
Notary Public
,2000.
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RESOLUTION NO.
APPROVING AGREEMENTS WITH
LUMBERJACK DAYS FESTIVAL ASSOCIATION, INC.,
FOR LUMBERJACK DAYS 2000
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreements between
the City of Stillwater and Lumberjack Days Festival Association, Inc., for dispensing
intoxicating liquor (attached as Exhibit A) and for the parade and fireworks (attached as
Exhibit B) for Lumberjack Days 2000, are hereby approved..
Adopted by Council this 15th day of February, 2000.
Jay Kimble, Mayor
ATTEST:
. Modi Weldon, City Clerk
.
· MEMO
To:
From:
Subject:
Date:
Mayor and City Council
Steve Russell, Community Development Director ~
Request for Use of Riverview Parking Lot for Farmers Market
February 10,2000
Last year, the City Council approved use of a portion ofthe upper level ofthe Riverview Parking
Lot for the Stillwater Farmers Market.
The attached letter is a request for permission for the Farmers Market to use the parking lot again
this year from June to late October on Saturdays from 7:30 a.m. to 11 :30 p.m.
The Farmers Market are responsible for cleaning up the lot after their use.
A portable sign is placed on the lot for the day of activity. The sign is removed when the market
is closed.
The Farmers Market requested permission to locate a potable toilet the lot and if the City would
. assist with payment for the potable.
The request was mentioned to the Parks Director and he indicated that there probably is not a
City need for a potable at that location and that it would likely be vandalized because oflack of
lot activi.ty when the market is not in operation.
Recommendation: Approval of Farmers Market request for use oflot on Saturday mornings.
including a potable toilet at their expense.
Attachments: Farmers Market request 2-7-00
e
Monday, February 07,2000
.
To Whom It May Concern:
Last year the Stillwater Farmers Market was given permission to relocate
to the city parking lot on Third and Pine in Stillwater. We would like to
return to that location this summer (2000). We had very good luck there and
had positive responses from our customers. We also added a coffee and
pastry vender (Bread Art of Bayport), much to the delight of our local
Stillwater neighbors. The atmosphere was often festive. The only issue that
we encountered was the lack of toilet facilities. The Historical CourtHouse
discouraged us, and our customers from using their restrooms and the local
churches were often locked. Eno's has a restroom but is three blocks away.
Ideally, a portable toilet located on site would serve the market venders and
our customers best. I contacted some of the companies in our area last fall
and found that the prices varied depending on the need. The rate was often
better if rented monthly rather than daily (i.e.: $70.00 monthly -$60.00 per
weekend). We fITst would like to know if the city of Stillwater would allow a
portable toilet to be located there and if you would be willing to pay for or
help us pay for it. We use the lot from 7:30 to 11 :30 on Saturdays from June
to late October, with the busiest months being July, August, and September.
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Thank Y ou, ~~~ (/\,' 0
Wendy Kloek x\\ t.. ~0 \ '.
11108 Manning Trail North \\0'1.\" l-'
Stillwater, MN. 55082 'I(tJ \l \61
651-439-8793 ~ / ~ ",\"
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Councilmember introduced the following resolution and moved its adoption,
which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUAl"TCE Al'\j1) SALE OF S 1 ,390,000 GEl';'ER.A.L
OBLIGATION 1VfPROVEMENT BONDS, SERIES 2000A
BE IT RESOL \I'ED by the City Council of the City of Stillwater, Minnesota (the City), as
follows:
SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to
issue its General Obligation Improvement Bonds, Series 2000A, in the aggregate principal
amount of $1,390,000, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the
construction of various public improvement projects within the City, as more fully described in
Exhibit A attached hereto.
SECTION 2. TERlvlS OF PROPOSAL. Springsted Incorporated, financial consultant to
the City, has presented to this Council a form of Terms of Proposal for the Bonds which is
attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the
provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds
and of the sale thereof. Springsted Incorporated, as independent financial adviser, pursuant to
Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit
bids for the Bonds on behalf of the City on a negotiated basis.
SECTION 3. SALE MEETING. This Council shall meet at the time and place sno'.vn in
the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds
and of taking such action thereon as may be in the best interests of the City.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
Adopted this 15th day of Febmary, 2000.
APPROVED:
Mayor
ATTEST:
Clerk
,__0 2/ 0 9i?~ ~'ED,l~: 5~:\X~,12:) 4 0 2 6 4 ~
DORSEY & WHI~'EY
Councilmembt:r introduced the following resolution ana moved its adoptiOl'l~
which motion was seconded by Councihnember
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,330,000
GENERAL OBLlGATION WATER REVENUE BONDS, SERIES 2000B
BE iT RESOLVED by the City Council of the City of Stillwater, Mint1,esota (th,~ City), as
follows:
SECTION 1. PlJRl'OSE. It is hereby determined to be in the best interests of the City to
issue its General Obligation Water Revenue Bonds, Serit:s 2000B, in the aggregate principal
amount of $1,330,000, pursuant to the City Charter and Minnesota Statutes, Chapter 475, to
finance various improvement to the City's water ~ystell1, as more fully described in Exhibit A
attached hereto.
SECTION 2, TERMS OF PROPOSAL. Springsted Inl:orporated, financial consultant to
the City, has presented to this Council a form of Terms of Proposal for the Bonds whicb is
altached hcreto i?.nd hereby approved a.l1d shaH be placed onlile by the Clerk. Each and all of the
provisions of the Tenns of Proposal are hereby adopted as the lerms and conditions of the Bonds
arId of the sale thereof. Springsted Incorporated, as independent financial adviser, pur.:uant to
Minnesota Statutes, Section 475.60, S'l.1bdivision 2,pardgraph (9) is hereby authorized to solicit
bids for the Bonds on behalf of the City on a negotiated basis,
SECTION 3. SALE'tvfEETTNG. This Council shall meet at the time and place shown in
the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds
and of taking such action thereon as may be in tbe best interests of the City.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
wh~reupon the rcsolt1tion was declared duly passed and auopted,
Adopted this 15th day of February, 2000.
APPROVED:
Mayor
A TrEST:
Clerk
~002
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Councilmember introduced the following resolution and moved its adoption,
which motion was seconded by Councilmember
RESOLUTION AUTHO~G ISSUAl"<'CE AND SALE OF $990,000
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2000C
BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as
follows:
SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to
issue its General Obligation Capital Outlay Bonds, Series 2000C, in the aggregate principal
amount of $990,000, pursuant to Minnesota Statutes, Chapter 475, to finance 2000 capital
projects, as more fully described in Exhibit A attached hereto.
SECTION 2. TERiVIS OF PROPOSAL. Springsted Incorporated, financial consultant to
the City, has presented to this Council a form of Terms of Proposal for the Bonds which is
attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the
provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds
and of the sale thereof. Springsted Incorporated, as independent financial adviser, pursuant to
Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit
bids for the Bonds on behalf of the City on a negotiated basis.
SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in
the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds
and of taking such action thereon as may be in the best interests of the City.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
Adopted this 15th day of February, 2000.
APPROVED:
Mayor
ATTEST:
Clerk
Councilmember introduced the following resolution and moved its adoption,
which motion was seconded by Councilmember ' .
RESOLUTION AUTHORIZING ISSUANCE At,\(D SALE OF $2,135,000 GENERAL
OBLIGATION SPORTS FACILITIES REVENUE BONDS, SERIES 2000D
.
BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as
follows:
SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to
issue its General Obligation Sports Facilities Revenue Bonds, Series 2000D, in the aggregate
principal amount of $2, 135,000, pursuant to the City Charter and Minnesota Statutes, Chapter
475, to expand the City's St. Croix Valley Recreation center by adding a second indoor ice arena
and to make improvements to an existing indoor ice arena at Lily Lake.
SECTION 2. TERi.vlS OF PROPOSAL. Springsted Incorporated, financial consultant to
the City, has presented to this Council a form of Terms of Proposal for the Bonds which is
attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the
provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds
and of the sale thereof. Springsted Incorporated, as independent financial adviser, pursuant to
Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit
bids for the Bonds on behalf of the City on a negotiated basis.
SECTION 3. SALE MEETlNG, This Council shall meet at the time and place shown in
the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds .
and s>f taking such action thereon as may be in the best interests of the City.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
Adopted this 15th day of February, 2000.
APPROVED:
Mayor
ATTEST:
Clerk
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Recommendations
For
City Stillwater, Minnesota
$1,390,000
General Obligation Improvement Bonds, Series 2000A
$1,330,000
General Obligation Water Revenue Bonds, Series 2000B
$990,000
General Obligation Capital Outlay Bonds, Series 2000C
$2,135,000
. General Obligation Sports Facilities Revenue Bonds, Series 20000
Presented to:
Mayor Jay L. Kimble
Members, City Council
Mr. Nile Kriesel, Coodinator
Ms. Diane Deblon, Finance Director
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
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Study No.: S0784F4G4H414
SPRINGSTED Incorporated
February 9, 2000
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RECOMMENDATIONS
Re:
Recommendations for the Issuance of:
$1,390,000 General Obligation Improvement Bonds, Series 2000A
(the "Series 2000A Bonds")
$1,330,000 General Obligation Water Revenue Bonds, Series 2000B
(the "Series 2000B Bonds")
$990,000 General Obligation Capital Outlay Bonds, Series 2000C
(the "Series 2000C Bonds")
$2,135,000 General Obligation Sports Facilities Revenue Bonds, Series 20000
(the "Series 20000 Bonds")
(Collectively referred to as the "Bonds" or the "Issues")
We respectfully request your consideration of these recommendations for the above-named
issues. Proceeds of the Series 2000A Bonds will be used to finance various special
assessment improvement projects within the City. Proceeds of the Series 2000B Bonds will be
used to finance improvements to the City's water system, including the construction of a new
reservoir. Proceeds of the Series 2000C Bonds will be used to finance a portion of the City's
2000 Capital Outlay Plan. Proceeds of the Series 20000 Bonds will be used to finance the
construction of a second indoor ice arena at the City's St. Croix Valley Recreation Center and
make improvements to the existing ice facility at Lily Lake.
We recommend the following for the Bonds:
1. Action Requested
To establish the date and time of receiving
bids and establish the terms and conditions
of the offerings.
2. Sale Date and Time
Tuesday, March 7, 2000 at 10:00 A.M. with
award by the City Council at 4:30 P,M. the
same day.
3. Authority for the Bond Issues
The Bonds are being issued pursuant to
Minnesota Statutes, Chapter 475 and the
City Charter. In addition, the Series 2000A
Bonds are being issued pursuant to
Minnesota Statutes, Chapter 429,
4, Repayment Term
The Series 2000A Bonds will mature
February 1, 2001 through 2010.
The Series 2000B Bonds will mature
February 1, 2001 through 2015.
The Series 2000C Bonds will mature
February 1, 2001 through 2010.
The Series 20000 Bonds will mature June 1,
2002 through 2020.
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City of Stillwater, Minnesota
February 9,2000
5,
Sources of Payment
6.
Prepayment Provisions
7.
Credit Rating Comments
8.
Federal Treasury Regulations Concerning
Tax-Exempt Obligations
(a) Bank Qualification
The Series 2000A Bonds will be repaid from
special assessments against benefited
property.
The Series 2000B Bonds will be repaid from
net revenues of the City's water utility.
The Series 2000C Bonds will be repaid from
general ad valorem taxes,
Pledged for repayment of the Series 20000
Bonds are net revenues of the City's sports
facilities. In the event net revenues of the
City's sports facilities are insufficient to make
the debt service paymenst on the
Series 20000 Bonds, the City is legally
obligated to appropriate other monies,
including property tax levies, to provide for
sufficient and timely payment of debt
service.
The City may elect on February 1, 2008, and
on any day thereafter, to prepay the Series
2000A, 2000B and 2000C Bonds due on or
after February 1, 2009. The City may elect
on June 1, 2010, and on any day thereafter,
to prepay the Series 20000 Bonds due on or
after June 1, 2011, All prepayments will be
at a price of par plus accrued interest. We
recommend a longer call feature for the
Series 20000 Bonds to enhance the
marketability of the Issue. The Series
20000 Bonds have a longer maturity
schedule and a smaller percentage of
principal due in the early years,
Moody's Investors Service currently rates
the City "A2". An application will be made
for these Issues to ensure continuation of
the Moody's rating.
Under Federal Tax Law, financial institutions
cannot deduct from income for federal
income tax purposes, income expense that
is allocable to carrying and acquiring tax-
exempt bonds. There is an exemption to
this for "bank qualified" bonds, which can be
so designated if the issuer does not issue
more than $10 million of tax exempt bonds
in a calendar year. Issues that are bank
qualified receive slightly lower interest rates
than issues that are not bank qualified.
Since the City will issue less than $10 million
Page 2
City of Stillwater, Minnesota
February 9, 2000
. of tax-exempt obligations in 2000, these
Issues are designated as bank qualified.
(b) Rebate Requirements All tax-exempt issues are subject to the
federal arbitrage and rebate requirements,
which require all excess earnings created by
the financing to be rebated to the U.S.
Treasury. The requirements generally cover
two categories: bond proceeds and debt
service funds. There are exemptions from
rebate in both of these categories.
Bond proceeds, defined generally as both
the original principal of the issue and the
investment earnings on the principal, have
6, 18 and 24 month spend down exemption
periods. If all of the proceeds are expended
during one of those exemption periods, the
issuer is exempt from rebate and may retain
the excess earnings. The City should be
aware that this test is an "actual" test, not
one of "reasonable expectations" and the
City will need to determine if the spend
down was met or if rebate may be required.
(c) Bona Fide Debt Service Fund The City must maintain a bona fide debt
service fund for each of the series of Bonds
. presented here or be subject to yield
restriction, This requires restricting the
investments held in the debt service fund to
the yield on the Bonds and/or paying back
excess investment earnings in the debt
service fund to the federal government. A
bona fide debt service fund is a fund for
which there is an equal matching of revenue
to debt service expense, with carryover
permitted equal to the greater of the
investment earning in the fund during that
year or 1/12 the debt service of that year.
(d) Economic Life The average life of the Bonds cannot
exceed 120% of the economic life of the
projects to be financed. All series of Bonds
presented here are within the economic life
requirements.
(e) Federal Reimbursement Federal reimbursement regulations require
Regulations the City to make a declaration, within
60 days of the actual payment, of its intent
to reimburse itself from expenses paid prior
to the receipt of bond proceeds. It is our
understanding the City has taken whatever
. actions are necessary to comply with the
federal reimbursement regulations in
regards to the Bonds.
Page 3
City of Stillwater, Minnesota
February 9, 2000
.
Special assessments in the principal amount of $1,359,738 were filed with interest accruing
from November 15, 1999 and spread over a term of ten years in even annual principal
amounts. Interest on the unpaid balance is being charged at a rate of 7.0%. Page 9 shows the
projected assessment income.
The net debt service schedule on page 10 shows the repayment of the Series 2000A Bonds.
The repayment of the Series 2000A Bonds has been structured around the projected
assessment income, as shown on page _' A small annual surplus of assessment income is
expected over the life of the Series 2000A Bonds, assuming no prepayments or delinquencies.
Special assessments collected in 2000 will be used to make the February 1, 2001 principal and
interest payment on the Series 2000A Bonds. Thereafter, collections of assessments are
expected to be sufficient to make the August 1 interest payment due in the collection year and
the subsequent February 1 principal and interest payment coming due in the year of maturity.
The Series 2000B Bonds
Proceeds from this Issue will be used to finance improvements to the City's water utility,
including the construction of a new 1.5 million-gallon reservoir. The water utility improvements
are expected to be completed by June 2000. The sources and uses of funds for the Series
2000B Bonds are shown on page 11.
The debt service schedule for the Series 2000B Bonds is shown on page 12. The Series
2000B Bonds have been structured with even annual principal payments over a term of
15 years as directed by City staff. The City does not currently have any other debt outstanding
. which is payable for net revenues of the City's water utility.
The Series 2000B Bonds will be repaid from net revenues of the City's water utility. The City's
Board of Water Commissioners establishes the rates and charges for the City's water utility.
The Board of Water Commissioners will make payments to the City in an amount equal to the
debt service payments on the Series 2000C Bonds. In addition, the Board of Water
Commissioners agrees to establish rates and charges sufficient to make the required payments
to the City. We have examined net revenues of the City's water utility for the past several
years. Although net revenues of the water utility are more than sufficient to make the debt
service payments on the Series 2000B Bonds, the Board of Water Commissioners may not be
able to fund depreciation at past levels.
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Page 5
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City of Stillwater, Minnesota
February 9,2000
The Series 2000C Bonds
Proceeds of the Series 2000C Bonds will finance a portion of the Year 2000 capital outlay
needs of the various City departments. The costs being financed, by department, are as
follows:
Department
Proiect Costs
Finance
Administration
Plant/City Hall
Police
Fire
Building Inspection
Civil Defense
Public Works
Street
Shop
Signs and Lighting
Sports Complex
Library
Parks
$13,100
20,500
16,000
115,800
63,950
2,000
19,000
7,500
447,000
27,400
8,000
12,000
66,370
144.300
$962,920
14,850
13,950
(1.720)
$990,000
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Total Project Costs
Allowance for Discount Bidding
Costs of Issuance
Less: Investment Earnings
Total Series 2000C Bonds
The debt service schedule for the Series 2000C Bonds is shown on page 14. This Issue has
been structured to amortize the Series 2000 Bonds over the useful life of the
projects/equipment being financed. A large number of projects/equipment have economic lives
of two and three years, which accounts for the larger principal payments in the early years. The
City made its first levy for the Series 2000C Bonds in 1999 for first collection in 2000 in the
amount of $250,000. The 1999 levy will be sufficient to make the February 1, 2001 principal
and interest payment on the Series 2000C Bonds. Thereafter, collections of taxes are expected
to be sufficient to make the August 1 interest payment due in the collection year and the
subsequent February 1 principal and interest payment coming due in the year of maturity.
Attached, on page 15, is a schedule showing the total debt service levy requirements on all of
the City's outstanding capital outlay bonds, including this Issue.
The Series 20000 Bonds
e
Proceeds of the Series 20000 Bonds will be used to finance the construction of a second
indoor ice arena at the City's St. Croix Valley Recreation Center and make improvements to the
existing ice facility at Lily Lake. This financing is the result of a joint decision by the Cities of
Stillwater and Mahtomedit to cooperate in the financing programming of this facility. This
decision was based on a joint feasbility study facilitated by Springsted. The sources and uses
of funds are shown on page 16. Included in the sources of funds is a $700,000 cash
contribution to be made by the City of Mahtomedi. Capitalized interest has been included in the
amount of $135,479 to cover interest payments due through June 1, 2001. The inclusion of
capitalized interest allows the City time to get the new ice rink up and running before debt
Page 6
City of Stillwater, Minnesota
February 9, 2000
.
service payments are due. Construction of the new indoor ice arena and improvements to the
Lily Lake ice rink facility are expected to be completed by the Fall of 2000.
In addition to this Issue, the City also has outstanding its $4,610,000 General Obligation Sports
Center Bonds, Series 1998A. Based on a study prepared by Springsted, it is anticipated that
gross revenues of the City's sports facilities will not be sufficient to fully cover operations and
debt service payments. We recommend the City continue to investigate the operation of the
City's ice rink facilities for improved economic performance, as well as identify other possible
funding sources.
The net debt service schedule for the Series 20000 Bonds is shown on page 17. The Series
20000 Bonds have been structured with even annual debt service payments over a term of
20 years. Capitalized interest (CIF column) is shown to be sufficient to make the December 1,
2000 and June 1, 2001 interest payments on the Series 20000 Bonds. Thereafter, net
revenues of the City's sports facilities (from May through October) and other available City
funds, if necessary, will be used to make the December 1 interest payment. Net revenues of
the City's sports facilities (November through April) and other available City funds, if necessary,
will be used to make the subsequent June 1 principal and interest payment. The outstanding
debt service on the 1998A Bonds is shown in the Existing D/S column on page 17. The
combined debt service on the Series 20000 Bonds (less the capitalized interest) and the 1998A
Bonds is shown in the Net New D/S column, with the final column showing the combined debt
service at 105%. The 5% overlevy is a State law requirement in the event there are
delinquencies in tax collections.
We are pleased to be of service to the City of Stillwater.
. Respectfully submitted,
//u~ /~h2~
SPRINGSTED Incorporated
e
Page 7
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e
City of Stillwater, Minnesota
$1,390,000
General Obligation Improvement Bonds, Series 2000A
SOURCES & USES
Dated 04/01/2000
Delivered 04/01/2000
SOURCES OF FUNDS
Par Amount of Bonds.......................................................... $1,390,000.00
TOTAL SOURCES.............................................................. $1 ,390,000.00
USES OF FUNDS
Deposit to Project Construction Fund.................................
Total Underwriter's Discount (1.200%)...............................
Costs of Issuance................................................................
Rounding Amount...............................................................
1,359,738.00
16,680.00
16,485.00
(2,903.00)
TOTAL USES...................................................................... $1 ,390,000.00
Springsted Incorporated
Public Finance Advisors
IIwater.sf-lmprov. 2000A- SINGLE PURPOSE
2/ 3/2000 11 :51 AM
Page 8
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City of Stillwater, Minnesota
General Obligation Improvement Bonds, Series 2000A
Projected Assessment Income
Date Principal Coupon Interest Total P+I
12/31/1999 - - - -
12/31/2000 135,973.80 7.000% 107,343.76 243,317.56
12/31/2001 135,973.80 7.000% 85,663.50 221,637.30
12/31/2002 135,973.80 7.000% 76,145.32 212,119.12
12/31/2003 135,973.80 7.000% 66,627.16 202,600.96
12/31/2004 135,973.80 7.000% 57,109.00 193,082.80
12/31/2005 135,973.80 7.000% 47,590.84 183,564.64
12/31/2006 135,973.80 7.000% 38,072.66 174,046.46
12/31/2007 135,973.80 7.000% 28,554.50 164,528.30
12/31/2008 135,973.80 7.000% 19,036.34 155,010.14
12/31/2009 135,973.80 7.000% 9,518.16 145,491.96
Total 1,359,738.00 - 535,661.24 1,895,399.24
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Springsted Incorporated File = STILL WA TER. SF-Assess 2000A- SINGLE PURPOSE
Public Finance Advisors 2/2/2000 2:39 PM
.
Page 9
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City of Stillwater, Minnesota
$1,390,000
General Obligation Improvement Bonds, Series 2000A
NET DEBT SERVICE SCHEDULE
Annual
Date Principal Coupon Interest Total P+I 105% of Total Revenue Surpuls
2/01/2001 170,000.00 4.500% 56,756.25 226,756.25 238,094.06 243,317.56 5,223.50
2/01/2002 145,000.00 4.600% 60,457.50 205,457.50 215,730.38 221,637.30 5,906.93
2/01/2003 145,000.00 4.700% 53,787.50 198,787.50 208,726.88 212,119.12 3,392.24
2/01/2004 140,000.00 4.800% 46,972.50 186,972.50 196,321.13 202,600.96 6,279.84
2/01/2005 140,000.00 4.900% 40,252.50 180,252.50 189,265.13 193,082.80 3,817.68
2/01/2006 135,000.00 5.000% 33,392.50 168,392.50 176,812.13 183,564.64 6,752.52
2/01/2007 135,000.00 5.100% 26,642.50 161,642.50 169,724.63 174,046.46 4,321.84
2/01/2008 130,000.00 5.150% 19,757.50 149,757.50 157,245.38 164,528.30 7,282.93
2/01/2009 125,000.00 5.200% 13,062.50 138,062.50 144,965.63 155,010.14 10,044.52
2/01/2010 125,000.00 5.250% 6,562.50 131,562.50 138,140.63 145,491.96 7,351.34
Total 1,390,000.00 - 357,643.75 1,747,643.75 1,835,025.94 1,895,399.24 -
Dated............................................................................................. . 4/01/2000
Delivery Date................................................................................. 4/01/2000
First Coupon Date.......................................................................... 2/01/2001
YIELD STATISTICS
Bond Year Dollars.......................................................................... $7,093.33
Average Life................................................................................... 5.103 Years
Average Coupon........................ .................................................... 5.0419702%
Net Interest Cost (NIC).................................................................. 5.2771205%
True Interest Cost (TiC)................................................................. 5.3035640%
Bond Yield for Arbitrage Purposes................................................ 5.0226439%
All Inclusive Cost (AIC).................................................................. 5.5366392%
IRS FORM 8038
Net Interest Cost............................................................................ 5.0419702%
Weighted Average Maturity........................................................... 5.103 Years
Springsted Incorporated
Public Finance Advisors
File = STILLWATER.SF-Improv. 2000A- SINGLE PURPOSE
2/2/2000 2:33 PM
Page 10
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City of Stillwater, Minnesota
$1,330,000
General Obligation Water Revenue Bonds, Series 2000B
SOURCES & USES
Dated 04/01/2000
Delivered 04/01/2000
SOURCES OF FUNDS
Par Amount of Bonds.......................................................... $1,330,000.00
TOTAL SOURCES.............................................................. $1,330,000.00
USES OF FUNDS
Deposit to Project Construction Fund.................................
Total Underwriter's Discount (1.350%)...............................
Costs of Issuance................................................................
Rounding Amount...............................................................
1,300,000.00
17,955.00
16,395.00
(4,350.00)
TOTAL USES...................................................................... $1,330,000.00
Springsted Incorporated
Public Finance Advisors
:tillwater.sf-Water 20008- SINGLE PURPOSE
2/3/2000 2:20 PM
Page 11
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City of Stillwater, Minnesota
$1,330,000
General Obligation Water Revenue Bonds, Series 2000B
DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+I
2/01/2001 90,000.00 4.500% 56,460.42 146,460.42
2/01/2002 90,000.00 4.600% 63,702.50 153,702.50
2/01/2003 90,000.00 4.700% 59,562.50 149,562.50
2/01/2004 90,000.00 4.800% 55,332.50 145,332.50
2/01/2005 90,000.00 4.900% 51,012.50 141,012.50
2/01/2006 90,000.00 5.000% 46,602.50 136,602.50
2/01/2007 90,000.00 5.100% 42,102.50 132,102.50
2/01/2008 90,000.00 5.150% 37,512.50 127,512.50
2/01/2009 90,000.00 5.200% 32,877.50 122,877.50
2/01/2010 90,000.00 5.250% 28,197.50 118,197.50
2/01/2011 90,000.00 5.350% 23,472.50 113,472.50
2/01/2012 85,000.00 5.400% 18,657.50 103,657.50
2/01/2013 85,000.00 5.450% 14,067.50 99,067.50
2/01/2014 85,000.00 5.500% 9,435.00 94,435.00
2/01/2015 85,000.00 5.600% 4,760.00 89,760.00
Total 1,330,000.00 - 543,755.42 1,873,755.42
Dated..................................................................................................................... 4/01/2000
Delivery Date......................................................................................................... 4/01/2000
First Coupon Date.................................................................................................
First Serial Maturity Date... ................... .... ..................... ........................................
Final Serial Maturity Date........................................................................... ...........
2/01/2001
2/01/2001
2/01/2015
Term Bond 1 Maturity Date...................................................................................
Term Bond 2 Maturity Date...................................................................................
YIELD STATISTICS
Bond Year Dollars. ......................... ................ ............ ................ ........................... $10,308.33
Average Life.......................................................................................................... 7. 751 Years
Average Coupon....... ....................... ............... ..................... ................................. 5.27491110/0
Net Interest Cost (NIC).......................................................................................... 5.4490906%
True Interest Cost (TiC)........................................................................................ 5.4733672%
All Inclusive Cost (AIC)......................................................................................... 5.6845784%
Springsted Incorporated
Public Finance Advisors
File = Stillwater.sf-Water 20008- SINGLE PURPOSE
2/ 3/2000 2:20 PM
Page 12
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City of Stillwater, Minnesota
$990,000
General Obligation Capital Outlay Bonds, Series 2000C
SOURCES & USES
Dated 04/01/2000
Delivered 04/01/2000
SOURCES OF FUNDS
Par Amount of Bonds............................................................. $990,000.00
TOTAL SOU RCES............ .......... ........ .......... ................ ......... $990,000.00
USES OF FUNDS
Deposit to Project Construction Fund....................................
Total Underwriter's Discount (1.500%).................................
Costs of Issuance........................ ........ ..................................
Rounding Amount..................................................................
962,920.00
14,850.00
13,950.00
(1,720.00)
TOTAL USES................. ........ ..... ........ ............................ ....... $990,000.00
Springsted Incorporated
Public Finance Advisors
vater.sf-Cap. Out.2000C- SINGLE PURPOSE
2/7/2000 3: 17 PM
Page 13
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City of Stillwater, Minnesota
$990,000
General Obligation Capital Outlay Bonds, Series 2000C
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+I 105% of Total Levy Required
2/01/2001 195,000.00 4.500% 40,347.92 235,347.92 247,115.32 247,115.32
2/01/2002 80,000.00 4.600% 39,642.50 119,642.50 125,624.63 125,624.63
2/01/2003 75,000.00 4.700% 35,962.50 110,962.50 116,510.63 116,510.63
2/01/2004 80,000.00 4.800% 32,437.50 112,437.50 118,059.38 118,059.38
2/01/2005 85,000.00 4.900% 28,597.50 113,597.50 119,277.38 119,277.38
2/01/2006 90,000.00 5.000% 24,432.50 114,432.50 120,154.13 120,154.13
2/01/2007 90,000.00 5.100% 19,932.50 109,932.50 115,429.13 115,429.13
2/01/2008 95,000.00 5.150% 15,342.50 110,342.50 115,859.63 115,859.63
2/01/2009 100,000.00 5.200% 10,450.00 110,450.00 115,972.50 115,972.50
2/01/2010 100,000.00 5.250% 5,250.00 105,250.00 110,512.50 110,512.50
Total 990,000.00 - 252,395.42 1,242,395.42 1,304,515.19 1,304,515.19
Dated................................................................. .
Delivery Date............................... ....... ................
First Coupon Date...............................................
4/01/2000
4/01/2000
2/01/2001
YIELD STATISTICS
Bond Year Dollars............................................... $4,990.00
Average Life........................................................ 5.040 Years
Average Coupon................................................. 5.0580244%
Net Interest Cost (NIC)....................................... 5.3556196%
True Interest Cost (TiC)...................................... 5.3967398%
Bond Yield for Arbitrage Purposes...................... 5.0382360%
All Inclusive Cost (AIC)....................................... 5.7415072%
IRS FORM 8038
Net Interest Cost................................................. 5.0580244%
Weighted Average Maturity................................. 5.040 Years
Springsted Incorporated
Public Finance Advisors
File = Stillwater. sf-Cap. Out.2000C- SINGLE PURPOSE
2/ 7/2000 3: 17 PM
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Page 14
DATE
2/01/1995
2/01/1996
2/01/1997
2/01/1998
2/01/1999
2/01/2000
2/01/2001
2/01/2002
2/01/2003
2/01/2004
2/01/2005
2/01/2006
2/01/2007
2/01/2008
2/01/2009
2/01/2010
2/01/2011
2/01/2012
2/01/2013
2/01/2014
901/2015
01/2016
2/01/2017
2/01/2018
2/01/2019
2/01/2020
2/01/2021
Total
City of Stillwater, Minnesota
$990,000
General Obligation Capital Outlay Bonds, Series 2000C
TOTAL DEBT SERVICE
Cap. Out. 1993C Cap. Out. 19940 Cap. Out. 1996A Cap. Out. 1997 A Cap. Out. 19988 Cap. Out.2000C
.270,676.25 4,860.63
269,480.00 18,332.50
267,980.00 22,932.50
270,805.00 22,295.00
272,850.00 21,620.00
124,075.00 20,915.00
125,632.50 25,180.00
126,807.50 24,180.00
127,627.50 23,170.00
123,027.50 22,140.00
83,277.50 21,080.00
85.092.50
81,592.50
83,022.50
84,160.00
2,396.106.25
499,790.63
517,137.50
519,887.50
511,887.50
508,637.50
509,887.50
400,387.50
400,637.50
400,387.50
394,637.50
393.637.50
297,137.50
294,742.50
296,942.50
293,462.50
294.593.76
295,187.50
295,243.76
294,762.50
293,743.76
292,187.50
290,093.76
292,462.50
294,025.00
289,781.26
226.705.63
9,171,281.93
PAR AMOUNTS OF SELECTED ISSUES
78,354.58
164,185.00
128,447.50
118,827.50
104,327.50
70,187.50
62,397.50
39,812.50
38,150.00
31,470.00
836,159.58
TOTAL
275,536.88
287,812.50
790,703.13
888,592.08
1,107,084.17
1,101,680.00
1 ,260,635.42
1,145,180.00
990,105.00
905,622.50
843,242.50
792,282.50
777,375.00
651,795.00
650,972.50
548,917.50
440,737.50
442,196.26
442,895.00
442,833.76
407,012.50
406,988.76
406,205.00
404,661.26
407,357.50
294,025.00
289.781.26
3,529,581.67 1,242,395.42 17,402,230.48
128,541 .67
316,355.00
247,010.00
260,335.00
257,770.00
184.982.50
185,087.50
159,970.00
160,742.50
161,292.50
161,620.00
146,725.00
147.275.00
147,602.50
147,707.50
147,590.00
112,250.00
113,245.00
114,017.50
114,567.50
114,895.00
Cap. Out. 1993C.............................................................. ...... .................................... ............
Cap. Out. 1994D..................................................... ................. ............ ..................................
Cap. Out. 1996A............................................................................... .....................................
Cap. Out. 1997 A.................. ................................................. .................................... .............
Cap. Out. 19988...................................................................... ............................... .... ............
Cap. Out.2000C.....................................................................................................................
235,347.92
119,642.50
110,962.50
112,437.50
113,597.50
114,432.50
109.932.50
110,342.50
110,450.00
105,250.00
1.840,000.00
170,000.00
5,530,000.00
705,000.00
2,500,000.00
990,000.00
TOTAL... ....................... .......................................... ........... ........... ............. ............... ........ ...... 11 ,735,000.00
Springsted Incorporated
Public Finance Advisors
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File = Stillwater.sf-Aggregate-
2/7/2000 3:17PM
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City of Stillwater, Minnesota
General Obligation Sports Facilities Revenue Bonds
Series 20000
Ice Arena Expansion and Lily Lake Projects
SOURCES & USES
Dated 04/01/2000
Delivered 04/01/2000
SOURCES OF FUNDS
Par Amount of Bonds.......................................................... $2,135,000.00
City of Mahtomedi Contribution........................................... 700,000.00
TOTAL SOU RCES..................................... ...... ...... ............. $2,835,000.00
USES OF FUNDS
New Arena..........................................................................
Lily Lake Improvements... ..... ..............................................
Deposit to Capitalized Interest (CIF) Fund..........................
Total Underwriter's Discount (1.350%)..............................
Costs of Issuance............ ...... ..... ......... ..... ....... ... ... ... ...........
Rounding Amount...............................................................
2,368,355.00
285,000.00
135,479.17
28,822.50
18,970.00
(1,626.67)
TOTAL USES........................ .............................................. $2,835,000.00
Springsted Incorporated
Public Finance Advisors
File = Stillwater. sf-Series 2000D-Stillwater
2/ 3/2000 1 :23 PM
Page 16
~
. City of Stillwater, Minnesota
General Obligation Sports Facilities Revenue Bonds
Series 20000
Ice Arena Expansion and Lily Lake Projects
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+I CIF Existing D/S Net New D/S 105% Overlevy
6/01/2000 322,570.00 322,570.00 338,698.50
6/01/2001 135,479.17 135,479.17 (135,479.17) 421,140.00 421,140.00 442,197.00
6/01/2002 70,000.00 4.600% 116,125.00 186,125.00 391,505.00 577,630.00 606,511.50
6/01/2003 70,000.00 4.700% 112,905.00 182,905.00 392,582.50 575,487.50 604,261.88
6/01/2004 75,000.00 4.800% 109,615.00 184,615.00 398,020.00 582,635.00 611,766.75
6/01/2005 80,000.00 4.900% 106,015.00 186,015.00 397,700.00 583,715.00 612,900.75
6/01/2006 85,000.00 5.000% 102,095.00 187,095.00 396,825.00 583,920.00 613,116.00
6/01/2007 90,000.00 5.100% 97,845.00 187,845.00 360,385.00 548,230.00 575,641.50
6/01/2008 90,000.00 5.150% 93,255.00 183,255.00 339,927.50 523,182.50 549,341.63
6/01/2009 95,000.00 5.200% 88,620.00 183,620.00 344,802.50 528,422.50 554,843.63
6/01/2010 100,000.00 5.250% 83,680.00 183,680.00 343,762.50 527,442.50 553,814.63
6/01/2011 105,000.00 5.350% 78,430.00 183,430.00 342,137.50 525,567.50 551,845.88
6/01/2012 115,000.00 5.400% 72,812.50 187,812.50 244,917.50. 432,730.00 454,366.50
6/01/2013 120,000.00 5.450% 66,602.50 186,602.50 241,605.00 428,207.50 449,617.88
6/01/2014 125,000.00 5.500% 60,062.50 185,062.50 242,965.00 428,027.50 449,428.88
6/01/2015 130,000.00 5.600% 53,187.50 183,187.50 243,750.00 426,937.50 448,284.38
6/01/2016 140,000.00 5.700% 45,907.50 185,907.50 248,750.00 434,657.50 456,390.38
6/01/2017 150,000.00 5.750% 37,927.50 187,927.50 248,000.00 435,927.50 457,723.88
6/01/2018 155,000.00 5.850% 29,302.50 184,302.50 246,750.00 431,052.50 452,605.13
6/01/2019 165,000.00 5.900% 20,235.00 185,235.00 185,235.00 194,496.75
6/01/2020 175,000.00 6.000% 10,500.00 185,500.00 185,500.00 194,775.00
Total 2,135,000.00 1,520,601.67 3,655,601.67 (135,479.17) 6,168,095.00 9,688,217.50 10,172,628.38
SIGNIFICANT DATES
Dated Date............................................................................................................
Delivery Date.........................................................................................................
First Coupon Date.................................................................................................
4/01/2000
4/01/2000
1 2/01/2000
YIELD STATISTICS
Bond Year Dollars................................................................................................. $27,130.83
Average Life......... ..... ............................................................................................ 12.708 Years
Average Coupon.......,............................................................................................ 5.6046995%
Net Interest Cost (NIC).......................................................................................... 5.7109347%
True Interest Cost (TiC)......................................................................................... 5.7244703%
Bond Yield for Arbitrage Purposes........................................................................ 5.5671948%
All Inclusive Cost (AIC).......................................................................................... 5.8297011 %
IRS FORM 8038
Net Interest Cost................................................... ................................................. 5.60469950/0
Weighted Average Maturity................................................................................... 12.708 Years
Springsted Incorporated
.UbliC Finance Advisors
File = Stillwater. sf-Series 2000D-Stillwater
2/ 3/2000 1 :23 PM
Page 17
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THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,390,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, March 7, 2000, until 10:00 A.M., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each Proposal
shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds
regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2000, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2001. Interest will
be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2001
2002
2003
2004
$170,000
$145,000
$145,000
$140,000
2005
2006
2007
$140,000
$135,000
$135,000
2008
2009
2010
$130,000
$125,000
$125,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds, provided that no serial bond may mature on or after the first mandatory
sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory
sinking fund redemption and must conform to the maturity schedule set forth above at a price of
par plus accrued interest to the date of redemption. In order to designate term bonds, the
proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the
spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
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registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or
after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge special
assessments against benefited property. The proceeds will be used to finance the costs of
various improvement projects within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $1,373,320 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,900,
payable to the order of the City. If a check is used, it must accompany the proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springstedlncorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at
settlement and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City. No proposal can
be withdrawn or amended after the time set for receiving proposals unless the meeting of the
City scheduled for award of the Bonds is adjourned, recessed, or continued to another date
without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or
1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a
single rate from the date of the Bonds to the date of maturity. No conditional proposals will be
accepted.
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AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota,
and of customary closing papers, including a no-litigation certificate. On the date of settlement,
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by action
of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the
City by reason of the purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
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Page 20
OFFICIAL STATEMENT
. The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated February 15, 2000
BY ORDER OF THE CITY COUNCIL
.
Isl Morli Weldon
Clerk
217/003:46 PM
.
Page 21
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THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,330,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2000B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, March 7, 2000, until 10:00 AM., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
.
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each Proposal
shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds
regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2000, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2001. Interest will
be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2001
2002
2003
2004
2005
$90,000
$90,000
$90,000
$90,000
$90,000
2006
2007
2008
2009
2010
$90,000
$90,000
$90,000
$90,000
$90,000
2011
2012
2013
2014
2015
$90,000
$85,000
$85,000
$85,000
$85,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds, provided that no serial bond may mature on or after the first mandatory
sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory
sinking fund redemption and must conform to the maturity schedule set forth above at a price of
par plus accrued interest to the date of redemption. In order to designate term bonds, the
proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the
spaces provided on the Proposal Form.
.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
Page 22
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representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or
after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
. The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge net
revenues of the City's water utility to be received from the Board of Water Commissioners. The
proceeds will be used to finance improvements to the City's water system.
TYPE OF PROPOSALS
.
Proposals shall be for not less than $1,280,045 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,300,
payable to the order of the City. If a check is used, it must accompany the proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at
settlement and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City. No proposal can
be withdrawn or amended after the time set for receiving proposals unless the meeting of the
City scheduled for award of the Bonds is adjourned, recessed, or continued to another date
without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or
1/8 of 1%, Rates must be in level or ascending order. Bonds of the same maturity shall bear a
--
Page 23
--
AWARD
. The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
.
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota,
and of customary closing papers, including a no-litigation certificate. On the date of settlement,
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by action
of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the
City by reason of the purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
.
Page 24
.
.
.
--
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated February 15, 2000
BY ORDER OF THE CITY COUNCIL
Isl Morli Weldon
Clerk
217/003:46 PM
Page 25
.
.
.
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$990,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2000C
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, March 7, 2000, until 10:00 AM., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each Proposal
shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds
regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2000, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2001 . Interest
will be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2001
2002
2003
2004
$195,000
$ 80,000
$ 75,000
$ 80,000
2005
2006
2007
2008
$85,000
$90,000
$90,000
$95,000
2009
2010
$100,000
$100,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds, provided that no serial bond may mature on or after the first mandatory
sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory
sinking fund redemption and must conform to the maturity schedule set forth above at a price of
par plus accrued interest to the date of redemption. In order to designate term bonds, the
proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the
spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
Page 26
.
.
.
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or
after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance
2000 capital projects.
TYPE OF PROPOSALS
Proposals shall be for not less than $975,150 and accrued interest on the total principal amount
of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form
of a certified or cashier's check or a Financial Surety Bond in the amount of $9,900, payable to
the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety
Bond is used, it must be from an insurance company licensed to issue such a bond in the State
of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify
each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are
awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to
submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire
transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the
next business day following the award. If such Deposit is not received by that time, the
Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. shall
accompany the proposal. The City will deposit the check of the purchaser, the amount of which
will be deducted at settlement and no interest will accrue to the purchaser. In the event the
purchaser fails to comply with the accepted proposal, said amount will be retained by the City.
No proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates. shall be in integral
multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same
maturity shall bear a single rate from the date of the Bonds to the date of maturity. No
conditional proposals will be accepted.
Page 27
:-
.
maturity shall bear a single rate from the date of the Bonds to the date of maturity. No
conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
.
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota,
and of customary closing papers, including a no-litigation certificate. On the date of settlement,
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by action
of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the
City by reason of the purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
OFFICIAL STATEMENT
.
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
Page 28
.
.
.
_z
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated February 15, 2000
BY ORDER OF THE CITY COUNCIL
Isl Morli Weldon
Clerk
2/9/00 3:35 PM
Page 29
.
.
.
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$2,135,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION SPORTS FACILITIES REVENUE BONDS,
SERIES 20000
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, March 7, 2000 until 10:00 AM., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each Proposal
shall be deemed to constitute a contract between the bidder and the Obligation to purchase the
Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2000, as the date of original issue, and will bear interest
payable June 1 and December 1 of each year, commencing December 1,2000. Interest will be
computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature June 1 in the years and amounts as follows:
2002 $70,000
2003 $70,000
2004 $75,000
2005 $80,000
$125,000
$130,000
$140,000
$150,000
2018
2019
2020
$155,000
$165,000
$175,000
2006 $85,000
2007 $90,000
2008 $90,000
2009 $95,000
$100,000
$105,000
$115,000
$120,000
2010
2011
2012
2013
2014
2015
2016
2017
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds, provided that no serial bond may mature on or after the first mandatory
sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory
sinking fund redemption and must conform to the maturity schedule set forth above at a price of
par plus accrued interest to the date of redemption. In order to designate term bonds, the
proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the
spaces provided on the Proposal Form.
Page 30
BOOK ENTRY SYSTEM
. The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
.
The City may elect on June 1, 2010, and on any day thereafter, to prepay Bonds due on or after
June 1, 2011. Redemption may be in whole or in part and if in part at the option of the
Obligation and in such manner as the Obligation shall determine. If less than all Bonds of a
maturity are called for redemption, the Obligation will notify DTC of the particular amount of
such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest
in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par
plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligation of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net
revenues of the City's sports facilities. The proceeds will be used to expand the City's St. Croix
Valley Recreation Center by adding a second indoor ice arena and to make improvements to an
existing indoor ice arena at Lily Lake.
TYPE OF PROPOSALS
.
Proposals shall be for not less than $2,106,178 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $21,350,
payable to the order of the City. If a check is used, it must accompany the proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at
Page 31
.
.
.
settlement and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City. No proposal can
be withdrawn or amended after the time set for receiving proposals unless the meeting of the
City scheduled for award of the Bonds is adjourned, recessed, or continued to another date
without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or
1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a
single rate from the date of the Bonds to the date of maturity. No conditional proposals will be
accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota,
and of customary closing papers, including a no-litigation certificate. On the date of settlement,
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by action
of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the
City by reason of the purchaser's non-compliance with said terms for payment.
Page 32
.
.
.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated February 15, 2000
BY ORDER OF THE CITY COUNCIL
Isl Morli Weldon
Clerk
2/8/008:12 AM
Page 33
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.
..
Memorandum
February 11,2000
TO: Mayor and City Council
FROM: Klayton H. Eckles /U"""/
City Engineer
SUBJECT: Consulting Services for Territorial Prison Wall and Storm Water Improvements
DISCUSSION:
Since June 1999 the City and developer of the Territorial Prison site has been working with
Barr Engineering to develop solutions to the wall repair and storm water management ofthe site.
Barr Engineering completed a feasibility study of the wall and the storm water improvements. It
appears that the developer will be proceeding shortly with finalizing the developer agreement and
closing on the property.
RECOMMENDATION:
In order to insure that the public improvements can be made in it is recommended that we
obtain a proposal from Barr Engineering for completion of the engineering services.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion directing staff to
obtain a proposal for engineering services from Barr Engineering for the study of the Territorial
Prison site.
g2/23/812
10:55
MAGNUSON LAW FIRM ~ 4308809
1';0.259
v02
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RESOLUTION NO.: _
RESOLUTION FOR HEARING
ON PROPOSED ASSESSMENT
LOCAL IMPROVEMENT NO. 184-7
WHEREAS, the City Treasurer has reported to the City Council that omissions were
made in the assessments for Local Improvement No. 184-7 and that the projected assessment
revenue will not be in sufficient amounts to meet future debt service payments with respect to the
Oak: Glen Refunding Bond Series 1994A and that a supplemental assessment is necessary; and,
WHEREAS, certain Lots with the Oak Glen Development have been forfeited to the
State of Minnesota for non-payment of real estate taxes causing the assessment rust levied upon
the lots so forfeited to be canceled by operation oflawj and,
WHEREAS, Minn. Stat. ~ 435.19 Subd. 2 is the only statutolJ authority for the City to
assess lands which have been forfeited to the state for non-payment of taxes.
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
.
1. That a bearing be held on the 7th day of March, 2000 in the City Hall at 6:00 p.m.
to pass upon a supplemental assessment and at that time and place all persons owning property
affected will be given an opportunity to be heard with reference to the supplemental assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the supplemental
assessment to be published in the official newspaper at least two weeks prior to the hearing and
to set forth in the notice the total amount of the supplemental assessment. At least two weeks
prior to the hearing, the Clerk shall cause certified mail notice oftbe bearing to be given to the
Minnesota Department of Natural Resources, the Department of the State of Minnesota currently
having jurisdiction over the property, as required by Minn. Stat. ~ 435.19 Subd. 2.
Adopted by tbe City Council this _ day of
,2000.
Jay Kimble, Mayor
ATTEST:
Morli Welden, City Clerk
.
o.
.,.\ ~
~. 81: CROIX VALLEY
.. ETICPARTNERSHIP
'---l
FEB-4
f'f)- '''1
.....~..~
February 3, 2000
City of Stillwater
216 N. 4th St.
Stillwater, Minnesota 55082
City Council:
SCV AP thanks you again for presentation time at your city council meeting last year. Richard
Siver and myself enjoyed sharing the specifics on this Valley wide project. We hope it achieved
our objective of bringing May Township up to date on an issue critical to the youth of the St.
Croix Valley.
.
Our fund-raising efforts continue, in support of Phase Two of this sports facility for youth - a
$2.4 million project. We hope to hear from you soon on the financial commitment that Stillwater
will make this year, or over the coming years, to make this dream come true. We truly believe
that SCV AP is handling an element of valley youth need, as a not-far-profit, allowing
communities like Stillwater to concentrate on passive recreation, nature or other needs of its
citizenry. With our formula being 90% private, 10% public, it will be a highly economical
investment for municipalities. This means only a $240,000 commitment from 15 communities in
our St. Croix Valley service area. The recommended pledge from STillwater is attached.
If there are unresolved questions, or if SCV AP can provide additional information that would
assist in your evaluation, don't hesitate to contact our office at (651) 439-1028.
All contributionswill make a difference in opening on schedule Fall 2000, and allowing the
youth to enjoy safe quality sports fields again.
~~
John Melville - SCV AP Executive Director
.
. St. Croix Valley Athletic Partnership, INC.
P.O. Box 203, Stillwater, MN 55082. (651) 439-1028
www.scvap.org
o.
..\ ~
8'1: CROIX VALLEY .
ATHLETIC PARTNERSHIP
- '---l
Total Project: $2,400,000 (Land not included, Belwin Lease at $lIyr.)
Municipal Portion: $ 240,000 or 100/0 Municipal Portion (15 Municipalities)
There are three potential bases to measure municipal pledges against. The first is
by population; second by City youth participants; and third as compared to pledges
received so far. Below are those numbers, and the SCV AP recommendation.
A) Population: 15,906
31.9%
$ 76,560
B) Youth Participants: 1,592
37.9%
$ 90,960
.
C) Giving Rate YTD: $80/youth part. A vg.
$127,360
RECOMMENDATION:
$80,000
Over 2-years - 2000-2001
In addition, follow-up on the comments of the City Council and
explore joint efforts to develop active recreation as the city may
acquire land. SCV AP, Inc. will be looking forward to the next
project, as soon as the Lucy Winton Bell Athletic Fields are
adequately financed.
St. Croix Valley Athletic Partnership, INC.
P.O. Box 203, Stillwater, MN 55082. (651) 439-1028
www.scvap.org
.
MIHIIC$ottJ DepdrtfHeltt of HlIlHtJlI R.it/lft$
February 3, 2000
Dear Local Elected Official:
The League of Minnesota Human Rights Commissions and the Minnesota Department
of Human Rights have joined together to support local efforts to promote human rights
through a series of three regional "idea exchange" meetings to be held during 2000.
I am writing to urge you to attend one of these important events along with the
members of your local human rights commission. The first meeting will be held in the
metro area on March 25 in Golden Valley (a notice with more information is enclosed).
Two subsequent meetings are tentatively scheduled for the Red Wing and Brainerd
areas in May and June.
.
As envisioned in the Governor's Big Plan for Minnesota, through its Living Human
Rights and Respect initiative, human rights commissions play a critical role in
maintaining vital communities in Minnesota. These meetings will provide community
leaders and commission members with practical ideas on how to implement local
human rights programs and activities, as well as the latest information on recent court
cases, legislation and social changes affecting human rights.
We need your support to make this effort a true "idea exchange." We encourage you to
share the human rights issues you have encountered in your community and successful
strategies you have used to address them. We would also appreciate your feedback
on how the League and the Department can better serve your community.
Thank you for supporting the work of your local human rights commission. We look
forward to seeing you at one of our regional meetings and wish you continued success
in your efforts to serve your community.
Sincerely,
9~ E. t<crOCU)
Janeen E. Rosas
Commissioner
.
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
Army Corps of Engineers Centre, 190 E. 5th Street Suite 700, St. Paul, Minnesota 55101 (651) 296-5663 or (800) 657-3704
l' L.l:.A~l:. t'U~T
MARK YOUR CALENDARS!!!
LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS an~
MINNESOTA DEPARTMENT OF HUMAN RIGHTS
Presents:
First Regional Meeting -
IDEA EXCHANGE
*
Saturday, March 25,2000 - 9:30 A.M. - 3:30 PM.
CITY OF GOLDEN VALLEY
GOLDEN VALLEY CITY HALL
7800 GOLDEN VALLEY ROAD (612-593-8000)
Golden Valley, Minnesota 55427
(First of 3 Regional Meetings for the year 2000)
IDEA EXCHANGES: --Review and Update of State Human Rights Law, MDHR; --Review
Recent Decisions Affecting Law, MDHR; --Working Effectively with City/County and Police,
LMHRC; --Keeping In Touch with our communities, LMHRC; --Conducting Boar.
Meetings/Successful Public Meetings, MDHR/LMHRC; --Programming with Schools, LMHRC:
--Hate Crimes Response Plans, LMHRC; discuss hot Human rights issues, revitalize your
commission and more.
.CLE and CUE Accreditation Approval Pending.
>>>-
Clip and Mail this portion along with Registration Fee to Marion Helland, Golden Valley HRC, 7720 Winnetka Heights Drive, Golden Valley, MN
55427.
Name
Street
City
State
Zip
Phone (Day)
(Evening)
Organization! Affiliation
Special Accomodation or other
Alternative Format Needed
KINDLY INDICATE YOUR Luncheon Selection
Regular
Vegetarian
.
~"':.~
,
Please make Checks Payable to "LMHRC" Registration 'Fee: $15.00 [includes coffee, rolls, lunch and
workshops] After March 3, Registration Fee is $25.00
l
.
.
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(': / ~.. L:. "'.": .. /
rYI
Agenda Item 4A
Stillwater Public Library
223 N. Fourth St.
Stillwater MN 55082
Board of Trustees
Minutes
January 11, 2000
Board members present: John Baird, Bill Fredell, Nick Gorski, Bill Hickey, Rick Hodsdon, Pat
Lockyear, Victor Myers, Sue Nelson, Mary Lou Rice. Staff present: Lynne Bertalmio, Carolyn
Blocher.
1. Call to order: The meeting was called to order at 7:05 P.M. by Vice President Lockyear.
2. New Board members Rick Hodsdon and Mary Lou Rice were introduced.
3. The agenda was adopted..
4. The Board received a letter of appreciation and a donation from former Board member
David Ruch. The Board heard a public comment about the unavailability of Focus Point
from the suggestion box.
5. The consent calendar was adopted including bills in the amount of $68,260.66 from the
1999 budget and $10,302.88 from 2000 budget and the recommended changes in the
Equipment Use Policy.
6. The Board heard staff plans for a change in hours starting February 14, 2000. On that
date, the hours of operation will be changes to Mondays, 10 A.M. to 9 P.M., and
Tuesdays, 1 P.M. to 9 P.M.
7. The Board acknowledged library and city staff efforts to appeal the library's assessed
1999 solid waste management fee.
8. The Board was informed of and invited to the public reception on Thursday, January 13,
in honor of Elsa Hagen's retirement. The Board approved a retiree's recognition policy.
The policy will be refined for the February 8, meeting of the Board.
9. Continuing Board members were invited to participate in the orientation of new Board
members.
10. The Board endorsed the Minnesota Library Association's 2000 Legislative Platform.
John Baird and Victor Myers indicated that they would attend MLA Library Legislative
Day on February 16.
~
11. Progress on the library's space needs study was discussed. A survey designed by David
Smith was distributed for Board members to complete and return to Lynne by January 19. .
12. The revised 1999 technology plan was adopted.
13. It was moved and seconded to adopt the Staff Development and Training Policy as
presented by staff. Mary Lou Rice stated that, as presented, the policy moved into the
realm of procedure. The motion was amended to adopt the policy with the following
changes: "constraints" to be replaced by "framework" in the second sentence of the first
paragraph and the policy to end after the second sentence of the second paragraph
14. The Director's 2000 workplan was received. Pat Lockyear will work on a quarterly
schedule of review based on the plan.
15. The Assistant Director's 2000 workplan was received for the Board's information.
16. The Executive Committee reported on a meeting with administrative staff to discuss
management and work load issues.
The Building Committee reported on its meeting with David Smith and associate. The
Building Committee will meet in conjunction with a space needs study meeting to review
and revise the building portion of the 2000 capital budget.
The Fund Raising Task Force is aiding in the development of a Library Wish Book and .
other fund raising initiatives.
17. There being no other business, the meeting was adjourned at 8:25 P.M.
.
Feb
11 28BB 15:BB:42 Via
LMc
z-,... <I JtU....t. Ci.
CtI.r ~...;z,..
Fax
.
A weekly legislative update from the League of Minnesota Cities
f\u~De~ 2
February 11, 20JO
Anti Local Government
Activities
.
Takings Legislation
Good News: The Senate Judiciarj
Comminee defeated SF 45, Sen.
Stevens' (R-Mora) Takings bill,
Wednescay on a 8-5 vote, even
after local governments were ex-
empted from the bi:1 and the thres.'l-
aid was increased from 10% to 30%
c-evaluation Of the real property's fair
market value. Technically, it is dead
in the Senate for the session. We'll
keep our eyes open for any mysteri-
ous amendments that may appear
over the next few months. Thanks
for all your calls and contacts with
your state legislators.
Bad News: The House Local
Government Comminee spent
nearly three hours Wednesday
hearing H.F. 591, Rep. Bruce
Anderson's (R-Buffalo Township)
takings bill modeled after Fiorida's
law-changing the ripeness of a
takings claim and clearly establish-
ing a cause of aCtion against local
governments for a regulatory taking
(minor exceptions provided). The bill
does not have a defined valuation
baseline, hence it provides property
owners and appraisers to overstate
losses and misrepresent expecta-
tions of property uses and values.
The Committee will vote on tMbl1l
Monday; it still looks like the bill
may pass, althOugh with a slightly
better margin than before.
Shooting Ranges
More Bad NGws: The Senare Local
and Metropolitan Government
Comminee will hear the slloOIing
range preservation bill WedneSday,
Feb. 16, at 2 p.m. in Room 107 of
tile Capitol. The bill. HF 619iS.F.
592, is authored by Sen. Jim
.
-)
Ad."inistrator
Page 001 Of SB!
FRIDAyFAX
Vickerman (0- Tracy)_ The bill
exempts sheoring ranges from
zoning activities. This includes
those situations where a shooting
range may be rezoned and is
allowed to operate under a condi-
tional use waiver. 11 it is subse-
quently destroyed by an act of
God, it gets to come back as a new
shooting range and disregard tile
new zoning requirements. This sets
shooting ranges apart from all
other property owners and could
easily result in equal protection
violations within your community.
Under this law, shooting ranges
could never be considered a
nuisance.
New penalties and
damage awards for
violating Data Practices
Act
Monday at noon, the Senate
Subcommittee on Data Privacy &
InformatIon Policy wil! debate a
proposal that would impose severe
penalties an cities that: reiease
information that is not public or
private or confidential; re1use or
delay in disclosing or providing
public information; or, fail in any
other way to comply With Chapter
13, the state Data Practices Act.
Imposing additional penalties and
damage awards only further
complicates difficulties facing c:ty
officials as they try to comply with a
statute in which requirements are
otten difficult to understand.
City officials must act immediareiv
to reaister ODOosition to the oro-
oosal and to DrQSenI testimon'l on
Mondav. Contact members of rile
Senate subcommittee to express
your concerns. Call Senate Infor-
mation at 1-888-234-1112 or (651)
296-0504 10 get direc~ office phone
numbers for subcommittee mem-
bers. Those interested in testifljing
should contact Micr.ele Ford,
legislative assistant to Sen. Betzold,
at (651) 296-2556 as soon as
possible.
It is also important that cit'j otfic:ais
~ the meeting to make it clear
that these stringent measures go
too tar and do nothing to help local
governments comply \vith the Data
Practices Act
Sen. Jane Ranum, chair of the
Senate Judiciary Committee, pro-
posed the amendment to SF 2237
(Betzold), a bill to mocify Chapter
13, at a late Thursday evening
hearing. The profXJsal, which had
not previously been discussed, was
held over for testimony and discus-
sion on MOnday. The proposed (.A.-
4) amendment to SF 2237 would
make cities liable for any damages,
plus costs and anorney fees and
an additional penalty of $1,000 if
the city knowingly violated the Data
Practices .A.ct, as a result 01 eitr.er
releasing not public data or private
or confidential data on decedents or
10r refusing or delaying to discloSB,
provide copies 01 data. or failing to
comply with a.ny other rl;quiremenI
of the Government Data Practices
Act. Willtul violations of Cha.pter 13
would be subject to exemplary
damages of $100-$10,000 10r eacll
violation.
Senate Data Privacy & Informa-
tIon Polley Subcommittee
Senators Don S€tzold (Fridley,
Coon Rapids, Blaine), Dave
Knutson (Burnsville), Sheila
Kiscaden (Rochester), Warren
Limmer (Corcoran, Dayton. Maple
Grove). Jane Ranum (Minneapolis),
and Deanna Wier;er (Eagan).
FOT moTe UlfoTmatl.ol1 on ell} legtslatlve Issues, cantacl any member of the Leaglle of MUlnesota ClL~s /nuTgovernmEr.ta/ RElations tram.
(651) 28/-1200 OT (800) 925-1122
BROWN'S CREEK
WATERSHED DISTRICT
.
1825 Curve Crest Blvd. Stillwater MN 55082 Tel: 651-430-8300 FAX: 651-430-6819
AGENDA
REGULAR MEETING OF THE BOARD OF M..\J.~AGERS
February 14, 2000
1. Call to order @ 6:30 PM
2. Approve Agenda
3. Approve minutes of January 10 & 24, 2000 meetings
4. Treasurer's Report (Gordon)
5. THPP Project - Status Report
a) Construction Update
b) Project Financing
c) Landowner requests
6.
Second Generation Plan - Update
a) CAe meeting - February 15th - Watershed Mgt. Planning Process
b) Workgroup meeting - Summary ofIssues
.
7. Rules/Permits - Update
a) AmericInn-Oak Park Heights
b) City of Stillwater
8. Kismet Basin Project
a) Status offeasibility study
b) Landowner issues
c) Financing
c) Project timeline
9. Old Business/New Business
a) Election of Officiers
10. Communications & Reports
11. Executi ve session, if required
12. Adjournment
Note: It is BCWD policy to not begin any new topic for disCl/ssicJll after 10:00 PJf
Board ~{eetings are held on the 2nd and 4th Mondays at 6:30 p.m., at 1325 Curve Crest Boulevard, Stillwater, \-fN
Managers:
Craig Leiser, President · Karen Kilberg, Vice-President · Dan Potter, Secretarj . E. J. Gordon, Tre:1surer · Don Peterson
.
~iJ Iwate~
";,:",,,,, CE OF .".." ~)
Stillwater Cityffownship Joint Planning Board
Thursday, February 17, 2000
7 p.m.
City Council Chambers
216 North Fourth Street
Items
1. Public Hearings:
A. Tree Ordinance Amendment.
(Case No. ZAT/99-1)
B. McKenzie, Thron (Neal Avenue) rezoning and subdivisions.
(Cases ZA.l\t1l99-4, SOO/99-51 and SUB/99-52)
. II. Other Business:
A. General discussion of Phase IV area annexation requests.
B. Phase II expansion area development update.
C. Update on City search for site for public works/fire station.
D. Update on village commercial development at CR15112.
E. Update on Brown's Creek Park and Natural Area.
F. Report on building permit issuance in expansion area.
G. Other items.
.
CiTY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
r ilIwater
~ - - ~~
THE BIRTHPLACE OF MINNESOTA J
.
PLA1"n~ING COMlVllSSION
CITY OF STILL'VATER
NOTICE OF l\iIEETING
The Stillwater Planning Commission will meet on Monday, February 14,2000, at 7 p.m. in the Council
Chambers of Stillwater City Hall, 216 North Fourth Street.
Introduction of new members: Robert Gag and David Middleton
Approval of Minutes of January 10,2000.
AGENDA
Public Hearings
1. Case No. SUP/00-06. A renewal of a special use permit to sell popcorn out of a popcorn wagon at
401 South Main Street in the CBD, Central Business District. Jason Succo, applicant.
2. Case No. SUB/00-07. A subdivision to combine two lots, Lot 8 and 9, Block 1, Myrtlewood into
one lot of 24, 171 square feet and to vacate the drainage and utility easements existing between the
common or shared interior lot line between the subject lots at 100 and 112 Myrtlewood Court in the
RA, Single Family Family Residential District. Richard Huelsman, applicant. .
3. Case No. SUB/00-08. A resubdivision of Lots 9, 10, 11 & 12, Block 1, Matt Hooley's Addition into
five lots: Lot 1 - 12,1000 sq. ft., Lot 2 - 24,496 sq. ft., Lot 3 - 12, 749 sq. ft., Lot 4 - 16,786 sq. ft.
and Lot'5 - 138,038 sq. ft. at 1765 Northwestern Avenue in the BP-C, Business Park Commercial
District. Heartland Office Village, Leonard Pratt, applicant.
4. Case No. V/00-09. A variance to the front yard setback for the construction of an addition (30 feet
required, 26'2" requested) and for a 3rd stall to an existing garage (30 feet required, 21'2" requested)
at 1309 Hillcrest Drive in the RB, Two Family Residential District. Jay and Renee Swanson,
applicants. Represented by Damien Lindquist, TEA2 Architects.
5. Case No. SUP/DRJOO-10. A special use permit for construction of a 10,744 square foot
warehouse/office building at 1900 Tower Drive (Lot 12, Block 2, Kern Pauley Addition) in the BP-
0, Business Park Office District. Stillwater \-Vest LLC, Ray Kennedy, applicant.
Other Items
.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
WASHINGTON COUNTY
COUNTY BOARD AGENDA
FEBRUARY 8, 2000, 9:00 A.M.
DennIe C. Hegberg
DImIct 1
811 Pulkrabek
DI8trict 2
Wally AbrahamllOn
DI8trict 3
Myra ~n
DI8trict 4
Dlck8tafford
DI8trict 51Cha1r
1. . 9:00
2.
Roll Call
Consent Calendar
~3. 9:00 Community Services Department - Dan Papin, Director
Human Services, Inc. Contract for Mental Health, Chemical Health, Aging and Transportation
4. 9: 15 Human Resources Department - 1. Honmyhr, Director
Classification Changes andAttractionlRetention Salary Ranges for Survey Technician Classification
5. 9:25 Assessment, Taxpayer Services & Elections - Molly O'Rourke, Director
Tax Abatement Policy
6. 10: 10 General Admini!;tration - Jim Schug, County Administrator
. Resolution Adopting the Purchase of Development Ordinance
7. 10:25 Discussion from the Audience
8.
VisitonJ may share their concems with the Comrty Boud ofCommissionml on any item not on the agenda. The Chairwill direct the
County Administmtor to prepare responses to yow conc:ems. Yon are encouraged not to be repetitious of previous speakers and to
limit yowaddress to five minutes.
Commissioner Reports - Comments - Questions
9.
Thi8 period of time shall be Wled by the Comminionen to report to the full Board on committee activities. make comments on matters
of interest and information. or raise quemoM to the staff. This action is Mt intended to result in substantive board action dwing
this time. Any action neceuary because of di.st:tasion will be scheduledforaftaurs board meeting.
Board Correspondence
10. 10:40 Adjourn
11. 10: 50 Board Workshop with Public Health and Environment
to
11:35 2001 Waste Management Service Charge
12. 11:35 Board Workshop with Office of Admini!;tration and Minnesota Land Trust
to
12:20 Easement and PDR Ordinance
***MEETING NOTICES LISTED ON BACK***
Aai8tive lnening devicu .,. ev.uble for UMI in the Countv 80err! Room
If you tHIfHI ~ due to di811bi1itv or llmaut!!J_ berrier, ple._ cell 43().6000 (T1)D 439-3220)
EQUAl EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPlOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
FEBRUARY 8, 2000 .
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Assessment, Taxpayer Services
and Elections
A. Approval of abatement applications for Value Homestead, Classification
and Disaster Credits.
Community Services
B. Approval of2000 contract with St. Paul Rehabilitation Inc. formental health
case management.
Financial Services
C. Approval to establish reserves and designations of fund balances for the
fiscal year ended December 31, 1999.
Human Resources
D. Approval of the hearing conservation policy as part of the County Employee
Safety Program to comply with State and Federal OSHA and other statutory
requirements.
Transportation and Physical -
Development
E. Approval of resolution, fmal payment to Hardrives, Inc. in the amount of
$152,246.34, for 1999 overlays road project on CSAH 17, CSAH 15 an.
CSAH 2.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
*************************************************************
REMINDER: No Board Meeting on February 29 - Stk Tuesday
Date
February 8
February 8
February 8
February 9
February 9
February 9
February 10
February 10
MEETING NOTICES
Committee
Governor Ventnra's Transportation Proposal
Washington County Legislative Delegation
Mental Health Advisory Council
Metronet
Rush Line Corridor Task Force
Information Meeting RE: Consolidation of
the North Water Unit
Community Social Services Advisory
Metro TAB
Time
2:00 p.IIL
4:00 p.IIL
4:00p.m.
12:00 p.IIL
3:30 p.IIL
7:00 p.IIL
7:30 a.m.
12:30 p.m.
Location
Dakota County Administration Center - Hastings
Room 5, State Office Building - St. Paul
Christ Lutheran. ClUrch - Lake Elmo
1619 Dayton Avenue - St. Paul
White Bear Lake City HalleWashington County Government Center
Washington County Government Center .
230 E. 5th St. - Mears Park Centre - St Paul
.
.
.
FEB-11-2000 12:49
CITY OF OFH
P.02/02
CITY OF OAK PARK HEIGHTS
CITY CO{.:rNCIL WORK SESSION
TUESDAY, FEBRUARY 15, 2000
6:00 - 9:00 P.~L
6:00 P.:.1. WATER WELL
6:30 P.M. UTILITY A..'iALYSIS/SPRINGSTED
7:30 P.M. FIRE STATION
8:00 P.li1. CITY HALL PARKING LOT ENTRANCE
8:10 P,~L CBD RFP UPDATE
8:20 P.M. BRIDGE DISCUSSION
9:00 P.M. ADJOURN
;oTPL F.C2
FE3-09-2000 10:34
7:09 p.m. 1.
7:10 p.m. II.
CITY OF OFH
CITY OF OAK PARK HEIGHTS
7:00 P.M.TUESDAY, FEBRUARY 8,2000
CITY COUNCIL MEETING FOLLOW.UP AGENDA
7:00 P.M.
Call to Order/Approval of Nenda.
Administrator Melena. ac1cleJ correspondence from Aloha Tan as item C
under V1sitol'slPu1lic Comment, reminder of oak Park heights
Business AS$ociation meeting as item H under New Business, Military
Leave al item I under New Business. Agenda approved as amended.
Carried. 5.0.
DeyarimentlCouncll Liaison Reports
A. Planning Commi85ion
Update provided.. Nut meeting v.41 he February 10,2000 at
7 :00 p.m.
B. P atks Commission
Update Providecl.
C. Cable Commission
The manager lor Valley Access Center, Greg Piecarski, was
introduced. and an Update was provided.
D . Water Management Organizations
1. Brown's Creek Watershed Dirtrid
No Report.
2. Middle St. Croix Wa.tershed District
Update Provided. Next meeting will he }larch 9,2000 at
7 :00 p.m.
3. valley Branch Watershed District
No Report.
E. Other Liaison/Staff Reports
Reminder of the Water Governance Study Neeting on
Wednesday February 9, 2000 at 7:00 p.m. at Washington
Count)-. Report on the League of ~finnesota Cities Conference
wal given.
7:20 p.m. III. Visitors/Public Comment
A. Recyding Awatd (1)
M:r. William Coler, 5675 Oran Ave. N.
B. VisitOrs
None
C. Correspondence from Aloha Tan
Con~spondence received..
P.02/04
.
.
.
FEB-09-2000 10:34
.
-?2
L:_ p.m.
,.., "0
l:~ p.m.
.
IV.
7:38 p.m. VI.
.
CITY OF OFH
Thill ~ sn Qppot:l:niiy for the public to addrdj the Council with que.Jtior-ll 01 eoncerr.s on
issuell ::ct part of the ~ukr agenda. (Pleil381imit co:nmcnts to 3 r.Un1.:tell b l'=:lgt~.)
Consent Ai;!enda (Roll Call Vate)
A. Approve Bill~ & Investments
B. Approve City Council Minutes - )an'.lary 25,2000 (2)
Clarification provided. Carried 5.0.
C. Pay Equity Implementation Report (3)
D. Approve Resolution Authorizing TIF Expenditures for Lourer oak Park
Heights (4)
Item discussed. Roll call vote taken. Carried 5.0.
Motion to report back to Council on statui of T.I.F. feeds.
Carried 5.0.
Staff dhectecl to write letter t.o Lower oak Park Heights
residents informing them of status and. creation of a citizen
committee. Carried 5.0.
v.
Items B and D pulled fol' discussion and clarification. All other
items approved.. Roll call vote ~en. Carried 5.0.
Public Hearin~,
A.
public Hearing to discu,s MOM Liquor sanctions for violation of
Ordinance 1202 (5) (Recommend tabling to Ma.:ch 14, 2000)
Continued. to March 14, 2000 meeting
public Hearing to discuss Rainbow Food, sanctions for viola.tion of
Ordinance 1202 (6)
Phil Disastio, Manager RainboW' Foods, presented his case.
Public Hearing closed. Carried 5.0.
Sanction of $500 fine for violation of Ordinance 1202 upheld.
Carried 5rO.
B.
New Business
A. Local Govemment Intern {7}
Request received. Carried 5.0.
B. Glenbrook Lumber and Supply, Inc. (8)
Correspondence received. and accepted. Carried 5.0.
C. Cable Resolution/Background (9)
Update pro'\oid.ed. Re$olution approved. Roll call vote tal~en.
Carried 5-0.
D. Cable Taping Policy
P.03/0<::
FEB-0S-2000 10:34 CITY OF OFH
Update provided. Staff will provide recommendations.
E. Metricom (10)
upckte provicled and report received. Camed5.0.
F. D NR Grani: Application (11)
Recommendation by Park Commission and an upclatc was
provided.. Resolution regarding grant: application to Dl\~ for
local trail connections and. improvements approved. Roll Call
vote takeu. Carried 4.1. Beaudet opposed.
G. 1999 Development Summary (12)
U pd.ate provided..
H. Milii:arl Leave
Update provided..
1. oak Park HeiiShts Business Association 1-,'leeting
Neeting will be Wednesclay at '1 :30 - 9:00 a.m.
8:30p.m. VII. Old Business
A. Capital Improvement P;rogram (13)
Update provided. Program approved. and adopted. Carried 4-1.
Beaudet opposed.
B. Highway 36 Discussion bm. Worbession
T ahled to February 15, 2000 W orltsession.
8:45 p.m. VIII. Adjourn to Economic Development Authoritv Meeting
1. Approve January 25, 2000 Minutes.
Carned5-0.
2. Approve R~olut:ion Authorizing T.LF. Expenditure for
Lower oak Park Heights.
Resolution a.pproved. Roll Call 'Vote taken. Carried 5.
O.
8:50 p.m. IX.
Adjournment
Carried 5-0.
Socialgath,m'ng at Api'I~b'8 to follow
?04/04
.
.
.
T:JT~L F. 84
.
.
.
STILLWATER TOWNSHIP
February 10, 2000
Chair:
Johnson
7:00 P.M. Regular Meeting
Aqenda:
Adopt
Minutes:
Approve Minutes January 27, 2000
Treasurer:
1. Claims
Attorney:
1. Anything from Scott Roberts
re: Letter of Credit?
Planner:
Enqineer:
Public Works:
Clerk:
1. Dinner Meeting
2. Items re: Township Insurance
Committees:
People - 8:00 P.M. 1. Mr. Dejong re: Permission for Modular
Buildings while the Evangelical Church
is expanded
Old Business:
New Business:
Adiourn:
Note:
CLAIMS PLEASE
02/05/00
Pat Bantli
~=/"/" .
STILLWATER PUBLIC LIBRARY
223 NORTH FOURTH STREET
STI LL WATER M N 55082-4806
.
Tel: (651) 439-1675 Fax: (651) 439-0012
To City Hall Staff,
Board meetings for the year 2000 have been changed to the second
Tuesday of each month.
Board
Tuesdays
7 P.M.
January 11
February 8 .
March 14
April 11
May 9
June 13
July 11
August 8
September 12
October 10
November 14
December 12
.
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84(11/2~88 87:84
6514394785
FAG~ 82/82
. Stillwater Township VI
Calendar
Chair Johnson
February 14 Park Committee/Supervisors 7:00 PM
February 16 To'M'1 Hall Meeting 7:00 PM
February 17 Joint Planning Meeting 7:00 PM
February 24 T own Board Meeting 7:00 PM
February 29 Supervisor/Planning/Park Meeting 6:00 - 9:00 PM
Chair Johnson
March 2 Planning Commission 7:00 PM
March 9 T ovm Board Meeting 7:00 PM
March 13 Park Committee 7:00 PM
March 14 Annual Meeting 7:00 PM
March 21 Annual Meeting Back-up Day 7:00 PM
. March 23 Town Board Meeting 7:00 PM
Chair LaBoda
April 6 Planning Commission 7:00 PM
April 10 Park Committee 7:00 PM
April 13 Town Board Meeting 7:00 PM
April 20 Board of Review 5:00 - 6:00 PM
April 27 Town Board Meeting 7:00 PM
Pat Bantli
Clerk, Still'Nater TO'M"1ship
February 11, 2000
.
~brUary 10, 2000
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson David Johnson, Supervisors Jerry Hicks,
Ken LaBoda, Sheila-Marie Untiedt and Louise Bergeron.
Also, Planner Meg McMonigal, Attorney Tom Scott and
Treasurer Warren Erickson.
1. AGENDA - M/S/P LaBoda/Bergeron moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Bergeron moved to approve the 1/27/00
Stillwater Town Board Meeting minutes as written. (5 ayes)
3 .
4 .
.
5 .
TREASURER -
1. Claims #523 thru #535 were approved for payment.
2. The building inspector will be invited to the next meeting to
discuss permit fees.
3. The county road allotment fee due in 1999 will be received shortly.
ATTORNEY -
1. The Scott Roberts letter of credit is to be drawn on February 23,
2000 if a new letter of credit is not forthcoming.
2. M/S/P Bergeron/LaBoda moved to reduce the letter of credit
for Hunter1s Ridge to $13,125.00 per township engineer Paul
Pearson's letter of February 8, 2000. (5 ayes)
3. M/S/P LaBoda/Hicks moved not to waive the monetary limits on
municipal tort liability established by MN. Statutes 466.04.
(5 ayes)
PLANNER -
1. Spoke about possible conflict of interest with McCombs Frank Roos
in future re: development in the annexation area.
2. Board does not agree that the Guidel 's have a buildable lot despite
"the county's findings.
6. EVANGELICAL CHURCH EXPANSION - Mr. Dejong was present to discuss future
plans for the church's expansion and the need for modular buildings in the
meantime. He was given advice on how to proceed toward his goal.
7. DINNER MEETING - A meeting of supervisors, planning commissioners, park
committee members and respective clerks will be held on February 29, 2000
at the Dock Restaurant from 6:"00 - 9:00 p.m.
8. ADJOURNMENT - Meeting adjourned at 8:50 p.m.
Clerk
~airperson
Approved
WASHINGTON COUNTY
COUNTY BOARD AGENDA
FEBRUARY 15, 2000, 8:00 A.M.
Washington County Regional Railroad Authority Convenes
A. Roll Call
B. January 18, 2000 Regional Railroad Authority Minutes
C. Update on Red Rock Corridor Commission & Rush Line Task Force Activities
D. Adjourn
Washington County Board of Commissioners Convenes
Roll Call
Consent Calendar
Community Services Department - Dan Papin, Director
Agreement with the American Red Cross of the St Paul Area
General Adminiqration - Jim Schug, County Anmini~trator
A. Legislative Update -
B. Resolution on Transportation Funding .
C. Appointment to the Veteran's Rest Camp Board of Directors
5. 10:00 Discussion from the Audience
1.
9:00
2.
9:30
3.
9:30
4.
9:40
.
6.
7.
8. 10:15
9. 12:00
to
4:00
Oennl. C. H.gberg
DI8trict 1
811 Pulkrabek
DI8trict 2
Wally Abraham...n
DI8trict 3
Myra Pet.non
DI8trict 4
Dick Stafford
DI8trict 5/Cl1a.ir
Visito1"3 may share their concems with the County Boord of Commissioner:; on any item not on the agenda. The Chair will dirsct the
County AdminUtrator to prepare respo1l3es to your concenu. You are encouraged not to be repetitious of previOWl speaker.1 and to
limit your atidress to five minutes.
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissionen to report to the full Boord on commiJtee activities. make comment.! on matter:;
of interest and information, or raise questf01l3 to the staff. 7'his action is not inJended to result in substantive board action during
this time. Any action necessary because of disCUDion will be scheduledfor a future boord meeting.
Board Correspondence
Adjourn
Board Workshop with County Adminiqrator - Outing Lodge at Pine Point Park,
11661 N. Myeron Road. Stillwater Township
2000 Work Plan with County Administrator
*************************************************************
REMlNDER: No Board Meeting on February 29 - ~ Tuesday
MEETING NOTICES
Committee Time Location
Interview for Vets Rest Camp, Valley Branch 8:45 a.m. & Washington County Government Center
Watershed & Planning Commi~on 10:15 a.m.
HRA Board Meeting 4:30 p.m. 321 Broadway - St Paul Park
Public Health Advisory Committee 5:30 p.m. Washington County Government Center
Historic Courthouse Advisory Committee 7:30 p.m. 101 West Pine - Stillwater
Tnmsportation Advisory Board 2:00 p.m. 230 E. S1Il Sl - Mears Park Centre
Parks and Open Space Commission 7:00 p.m. Washington County Government Center
~ btening de"ict13 ere elleileble tor use in thtJ CDumv 80m Room
If :tou ntHlcl e:s3i:n1lflCtl due to dis"bi/ifl. or lII..n!J.u!!ge bIIm8'r"p'/eNe cell 4:!().6000 (roo 439-32201
EuUAL EMPLOYMENT OPPORTUNITY I AFFIHMA TIVE ACTION EMPLOYER
Date
.ary 15
February 15
February 15
February 15
February 16
February 16
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
FEBRUARY 15,2000
.
The following items are presented for Board approval/adoption:
DEP ARTl\1ENT1 AGENCY
ITEM
Administration
A. Approval of resolution adopting text amendments to the Washington County
Development Code, Ordinance No. 143.
B. Approval of revised Metropolitan Library Service Agency's Joint Powers
Agreement.
Assessment, Taxpayer Services
and Elections
C. Approval of abatement applications for prior exempt status classification.
D. Approval of resolution, exemption from lawful gambling from Mississippi
Longtails Chapter of Pheasants Forever to be used at The Point Restaurant,
Denmark Township.
Community Services
E. Approval of contract with Community Volunteer Service to provide
transportation for eligible Washington County residents to and from mediCal.
related appointments.
F. Approval of host County contract with R-Home of Woodbury, Inc. for
federal reimbursement for placement ofN-E eligible children.
Public Health & Environment
G. Approval of resolution which provides funding in the amount of $5,358 for
the Metropolitan Counties Energy Task Force.
Sheriff
H. Approval of agreement with the Upper Midwest Community Policing
Institute for the provision of Law Enforcement Services and approval to hire
a replacement FTE for the term of the contract.
Transportation and Physical
and Development
I. Approval of resolution, final payment to Danner, Inc. in the amount of
$41,452 for road construction on Valley Creek Drive in Woodbury.
J. Approval of Traffic Signal Maintenance Agreements with the City afForest
Lake for traffic signals in Forest Lake.
.Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
.
.
Summary of Proceedings
Washington County Board of Commissioners
January 4, 2000
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally
Abrahamson, District 3; Myra Peterson, District 4; andDick Stafford, District 5. Absentnone. Board
Chair Stafford presided.
Board Chair and Vice Chair for 2000
Commissioner Stafford was elected Board Chair for 2000; Commissioner Peterson was elected Vice
Chair for 2000.
Commissioner Reuorts - Comments - Questions
Commissioner Peterson reported there will be a Smart Growth Versus Urban Sprawl Conference on
January 12 through 13, 2000 and another session on January 19, 2000 at the Sensible Land Use
Coalition.
Community Services Department
.
Approval of the following actions:
2000 Contractwith Rule 36 Limited Partnership of Duluth ITl for residential services at Hamilton
House in Lake Elmo;
Resolution No. 2000-004, state dislocated worker program.
Court Services Department
Approval of the following actions:
Appoint Mark Kuppe to the Community Corrections Advisory Board, mental health
representative;
2000-2001 Comprehensive Plan.
General Administration
.
Approval of the following actions:
2000 board meetings set for the first four Tuesdays of each month (excluding any Tuesday which
is a holiday); the first Tuesday to be an afternoon meeting starting at 4: 30 p.m. and the remaining
Tuesdays will be held at 9:00 a.m.
December 14, 1999 Board meeting minutes;
Resolution No. 2000-001, award of2000 newspaper publication bids;
2000 Citizen appointments/reappointments to advisory committees as follows:
District 1 - Sandra Swenson, Forest Lake, Community Corrections Advisory Board; Lorn Wood,
Stillwater, Community Social Services Advisory Committee; Patrick Taylor, Stillwater, Historic
Courthouse Advisory Council;
District 2 - Randall Lafoy, Birchwood, Community Corrections Advisory Board; Margaret
Grilley, Mahtomedi, Library Board; Steven DeLapp, Lak.e Elmo, Planning Advisory
Commission;
District 3 - Janet Robert, Oak Park Heights, Community Corrections Advisory Board; Francis
Rheinberger, Stillwater, Housing and Redevelopment Authority; Karen Rheinberger, Stillwater,
Parks and Open Space Commission; Tamara Fast, Stillwater, Planning Advisory Commission, .
District 4 - Richard Danzl, Cottage Grove, Historic Courthouse Advisory Council; J oAnn Bailey,
Newport, Library Board; Richard Peterson, St. Paul Park, Parks and Open Space Commission;
Robert Mann, St. Paul Park, Planning Advisory Commission; Corinne C. White, Cottage Grove
Mental Health Advisory Council;
District 5
Kay Buchanan, Woodbury, Community Social Services Advisory Committee; Gayle Hill,
Woodbury, Historic Courthouse Advisory Council; Sue Brotherton, Woodbury, Mental Health
Advis ory Council;
At Larl!e - Harry Melander, Mahtomedi, Board of Adjustment and Appeals; Abigail Grenfell,
Cottage Grove, Board of Adjustment and Appeals; Thomas H. Niedzwiecki, Marine on S 1. Croix,
Internal Audit Advisory Committee; Myron Tank, Cottage Grove Minnesota Extension
Corrmlittee; Susan Moore, Cottage Grove, Personnel Board of Appeals;
Affirmation of the followinl! committee appointments: - Chief Lindy Swanson, Chief of Po lice,
Community Corrections Advisory Board; James Frank, Sheriff, Community Corrections
Advisory Board; Thomas VanLeer, Minority Representative, Community Corrections Advisory
Board; The Honorable Susan Miles, Judge, Community Corrections Advisory Board; John
Colbert, Public Health Advisory Committee Representative, appointed to the Community Social
Services Advisory Committee; Richard Larson, Consumer Representative, Mental Health
Advisory Council; Jean Buselmeier, Consumer Representative, Mental HealthAdvisory Council;
Mary Meyer, Family Member Representative, Mental Health Advisory Council;
Memorial Day appropriation of $100 each upon request for Washington County Posts and .
Barracks;
Resolution No. 2000-005, adoption and submittal of the 2000-2004 Capital Improvement Plan;
Adopt staff s recommendation and direction to the North Washington County Watershed District;
2000 Commissioner Committee assignments;
Interviews with three applicants to be scheduled for January 11, 2000 following the Board
meeting;
Y2K update presented, no problems incurred;
Board correspondence received and placed on file;
Public Health and Environment
Approval of the following actions:
Agreement with the State of Minnesota for recycling services;
Workshop held to discuss revisions to the Washington County Food Protection and Lodging
Ordinances and review new ordinance language for manufactured home parkslrecreational
camping areas and public pools.
Re!!ional Rail Authoritv
The Regional Rail Authority met in workshop session to discuss issues that will be addressed at a
January 7, 2000 meeting with Ramsey, Dakota and Washington Counties regarding transportation
Issues. .
Sheriff's Office
. Approval of the following actions:
Second amendment to agreement for jail bed rental with Ramsey County and to increase the per
diem rate for this rental by 3% for the year 2000;
Accept grant award from the State of Minnesota for the purchase of tire deflators.
Transportation and Phvsical Develoument
Approval of the following actions:
Resolution No. 2000-002, award of contract for sign supply to Newman Signs;
Resolution No. 2000-003, award for year 2000 motor vehic1e fuel supplies to Kath Brothers Fuel
Oil Co.;
Agreement with Brauer & Associates, Ltd. for the development of a master plan for the proposed
Lake Links Trail Network;
Lease amendment no. 2 for parks fannland rental with the following individuals: Myron and
Gordon Tank, Cottage Grove Ravine and St. Croix Bluffs Regional Park; Gordon Herman, Lake
Elmo Park; Kenneth Berwald, Pine Point Park; and Jerry Lepinski, Big Marine Park;
Resolution No. 2000-007, set public hearing on department fee schedule permits;
Resolution No. 2000-006, negative declaration of need for an Environmental Impact Statement
for the Tiller Mining Operation in New Scandia Township.
.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government
Center, 14949 62nd Street N., Stillwater, Minnesota.
.
.
.
.
Summary of Proceedings
\Vashington County Board of Commissioners
January 18, 2000
Present were Commissioners Bill Pulkrabek, District 2; Wally Abrahamson, District 3; :Nfyra Peterson,
District 4; and Dick Stafford, District 5. Commissioner Dennis C. Hegberg, District 1 absent. Board
Chair Stafford presided.
Assessment. Taxpaver Services & Elections
Approval of the following actions:
Sell tax forfeited parcel 31.031.21.21.0005 to the City of Hugo for the price of not less than the
appraised value of $1 00;
Resolution No. 2000-008, premises permit renewal from VFW Post 323 Oak Park Heights, to be
used at the Washington County Fairgrounds, Baytown Township;
Resolution No. 2000-009, application to conduct excluded bingo from the Scandia-Marine Lions.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Minnesota Alliance for Safe Highways will honor Congressman Oberstar on January 21, 2000.
Community Services Department
\
Information on child foster care daily basic maintenance, initial clothing allowance and difficulty care
rate for 2000.
Financial Services Department
Adoption of Resolution No. 2000-010, petty cash and change funds (replaces Resolution No. 99-091).
General Administration
Approval of the following actions:
Comments on the proposed modification of Development District No.1 and proposed adoption of
Tax Increment Financing Plan for Tax Increment Financing District No. 1-10 within Development
District No.1 in the City of Cottage Grove;
Hire John Kaul, Capitol Gains, as the County's Legislative Lobbyist for the 2000 State Legislative
Session;
Board correspondence was received and placed on file.
Human Resources Department
Approval of revised personal protective equipment program.
Re~ional Railroad Authoritv
Approval of the following actions: .
Commissioner Peterson elected Chair, Commissioner Hegberg elected Vice Chair for 2000;
October 5, 1999 RRA minutes;
Comments on Minnesota Department of Transportation Commuter Rail System Plan.
Sheriff's Office
Approval of the following actions:
Accept a $75,000 grant from the U.S. Department of Justice to hire one additional deputy and to
amend contract with the Town afForest Lake to increase the number of deputies from two to three;
Accept a $125,000 grant from the U.S. Department of Justice to hire a full time School Resource
Deputy for the Mahtomedi School District.
Transportation and Phvsical Development
Approval of the following actions:
Resolution No. 2000-011, fmal payment to Parkas Construction Company for Historical Courthouse
exterior painting and repairs;
Resolution No. 2000-012, fmal payment to Restoration Technologies, Inc. for waterproofi
sealcoating of the Law Enforcement Center parking ramp;
Resolution No. 2000-013, award of bid for aerial photography to GRW, Inc.
A complete text of the Official Proceedings of the Washington Cmmty Board of Commissioners is .
available for public inspection at the Office of Administration, Washington County Government Center,
14949 62nd Street N., Stillwater, Minnesota.
.
.
.
.
Summary of Proceedings
Washington County Board of Commissioners
January 11, 2000
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally
Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board
Chair Stafford presided.
Assessment. Taxpaver Services and Elections
Approval to send letter of support to the Minnesota Deputy Registrar's Association and other
organizations pursuing legislation to increase the user service fee on Motor Vehicle transactions to be
retained by the deputy registrar to defray the cost of providing local service.
Commissioner Reports - Comments - Ouestions
The Commissioners reported on the following}terns:
Commissioner Stafford distributed proposed legislation from the Coalition of Utility Cities asking
to keep the tax basis whole and shift the burden to the state; County Coalition seeking compatible
legislation;
Commissioner Stafford reported that the Board will interview applicants for the legislative liaison
position following the Board meeting; Also, the Board will meet with the County Legislative
Delegation this evening at 5:00 p.m. at the Oak Marsh Golf Club in Oakdaleto discuss the Counties
2000 Legislative Agenda.
Community Services Department
Approval of the following actions:
Contract amendment to increase budget cap amount for East Suburban Resources who provides
training and habilitation services to individuals with development disabilities;
Acceptance of the Workforce Center's Annual Report for program year July 1, 1998 to June 30,
1999.
General Administration
Approval of the following actions:
December 21, 1999 Board meeting minutes;
Approval of the 2000 Legislative Agenda; Supplemental 2000 Legislative Agenda to be discussed
at a future workshop;
Board correspondence was received and placed on file.
Human Resources Department
Approval of revised Employee Right to Know Policy and Program.
Sheriff's Office
.
Approval of agreement with Mobile Radio Engineering for antenna space on their radio tower in
Denmark Township.
Transportation and Phvsical Development
Approval of the following actions:
Agreement with the City of Marine for the jurisdictional transfer of CSAH 7 within the City of
Marine;
Rej ection of all bids for 2000 carpet replacement services;
Reset public hearing on proposed amendments to the Washington County Development Code for
February 1,2000.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government Center,
14949 62nd Street N., Stillwater, Minnesota. _
.
.
.
.
.
~
Summary of Proceedings
Washington County Board of Commissioners
January 25, 2000
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally
Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board
Chair Stafford presided.
Assessment. Taxpayer Services and Elections
Approval of the following actions:
One day on sale 3.2 malt liquor license for Vietnam Veterans of America Chapter 320, Forest
Lake ice fisllli'"lg contest on Februa.ry 6, 2000 and an alternate date of February 13,2000;
Resolution No. 2000-015, gambling license renewal from Recreation Chisago City Area Lakes
Association;
Abatement applications for local option disaster credit and homestead classification;
Executive (Closed) session to discuss the status of the Preferred Commercial Industrial property
tax lawsuit.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Pulkrabek reported he has a conflict with committee meetings of the Housing and
RedevelopmentAuthority and Public Health, which both meet on the same night, he would be
willing to switch ~e Public Health Advisory Committee with another Commissioner;
Commissioner Peterson informed the Board that she has a matrix which identifies transportation
policies of different County lobbying organizations; She suggested that this be shown to the
County's lobbyist and advise him where Washington County falls in this matrix.
Court Services Department
Approval of the following actions:
Appoint Pat Zenner as a Public Defender Representative to the Community Corrections Advisory
Board to a first term expiring December 31, 2001;
2000 contract with Dakota County for provision of secure juvenile detention bed service for the
period January 1,2000 to December 31,2000.
General Administration
Approval of the following actions:
January 4 and 11,2000 Board meeting minutes;
Resolution No. 2000-014, authorizing signature of Board of Water and Soil Resources Natural
Resources block grant documents;
Award bid for travel services to TubbylLohmers Carlson Wagonlit Travel;
Grant agreement with 1000 Friends of Minnesota tabled to February 1, 2000;
Matt Nelson, AFSCME Council 14, requested that the Board consider using the State of
Minnesota rather than St. Louis County in its market studies to determine comparable salaries;
Board workshop with the Washington County Housing and Redevelopment Authority to discuss
issues of mutual interest and concern;
Board correspondence was received and placed on file.
.
Public Health and Environment
Approval of the following actions:
Appeal by Robert Novak, d.b.a. Lake Elmo Oil, Inc. to Department's imposition of an
administrative penalty in the amount of $1 00 for violation of Section 11.4 (1) of the Washington
County Tobacco Ordinance;
Resolution No. 2000-018, imposing administrative penalty under the Washington County Youth
Access to Tobacco Ordinance.
Sheriff's Department
Approval of a new position of.5 Clerk I (Canteen Clerk).
Transportation and Physical Development
Approval of the following actions:
Public hearing held to receive comments on draft Environmental Impact Statement for .
C.A.M.A.S., MN, Inc., mining expansion in West Lakeland Township;
Resolution No. 2000-016, authorizing staff to prepare responses to comments received on the
draft Environmental Impact Statement for C.A.M.A.S., MN, Inc., mining expansion in West
Lakeland Township; and that the comment period remain open for a ten day period;
Public hearing held to receive comments on the proposed permit fee schedule for the Department
of Transportation and Physical Development;
Resolution No. 2000-017, Transportation and Physical Development Permit Fee Schedule;
Carpet and Rug Institutes certification discussion delayed until February 1,2000.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government
Center, 14949 62nd Street N., Stillwater, Minnesota.
.
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