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Home My WebLink About1993-11-16 CC Packet Special Meeting - e - 93~L/t) AGENDA STILL WATER CITY COUNCIL November 16, 1993 SPECIAL MEETING 4:30 P.M. REGULAR MEETING 7:00 P.M. 4:30 P.M. AGENDA INTERVIEWS FOR ENGINEERING POSITION. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of plaque to Stillwater Elks Club. UNFINISHED BUSINESS 1. Possible second reading of ordinance amending Ordinance No. 755 relating to greasetraps, 2, Continuation of Marcia Kilbourne's request for waiver of assessments on Deerpath property, NEW BUSINESS 1. Application for Payment No. 1 to J & D Enterprises for demolition of West Wing, Stillwater Jr. H.S, 2. Discussion of bids for Southeast Improvement Project, 1.1. 285, 3. Change Order No.3 for Highlands 4th Add" 1.1. 293, 4. Application for Payment No.5, Highlands 4th Add" 1.1. 293, 5, Final plat approval of Highlands 5th Add., Ground Development, SUB/93-60, PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 93-216), 1 2. Applications (list to be supplied at meeting) COMMUNICA TrONSIRE U STS - COUNCIL RE UEST ITEM STAFF REPORTS (continued ADJOURNMENT Possible adjournment to E ecutive Session. e 2 e e CERTIFICATION OF MINUTES RELATING TO $1,055,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A Issuer: City of Stillwater, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on November 16, 1993, at o'clock P,M, at City Hall Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO, RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,055,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A TERMS OF PROPOSAL 4It I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law, this WITNESS my hand officially as such recording officer day of November, 1993, City Clerk . Member introduced the following resolution and moved tts adoption: RESOLUTION AUTHO~IZING ISSUANCE AND SALE OF $1,055,000 GENERAL OBLIGATItN IMPROVEMENT REFUNDING BONDS, SERIES 1994A BE IT RESOL~ED by the City Council of City of Stillwater, Minnesota I (the Issuer), as follows: Section 1, I Authorization, The Issuer presently has outstanding the folIo ing issue of general obligation bonds issued pursuant to Minnesota Statutes, Chapters 429 and 475: Title General Obligation Improvement Bonds, Series 1984A The Issuer presently debt service savings through 2005 maturiti $3,720,000 in princip accordance with Minne hereby authorizes the amount of General ObI 1994A (the Bonds), th moneys of the Issuer Section 2, financial consultant a form of Terms of Pr and hereby approved a Each and all of the p adopted as the terms thereof, Springsted advisers, pursuant to Subdivision 2, paragr for the Bonds on beha Section 3. the time and place sh of considering sealed taking such action th City, The motion was duly seconded by taken thereon, the fo e Date of Issue Original Principal Amount 10/1/84 $4,850,000 stimates that it can effect a substantial y refunding on February 1, 1994, the 1995 s of said outstanding bonds, which aggregate I amount, in advance of their maturity in ota Statutes, Section 475,67, The Issuer issuance and sale of $1,055,000 principal gation Improvement Refunding Bonds, Series proceeds of which, together with other s required, shall be used for this purpose, e Terms of Proposal, Springsted Incorporated, o the Issuer, has presented to this Council posal for the Bonds which is attached hereto d shall be placed on file by the Clerk, ovisions of the Terms of Proposal are hereby nd conditions of the Bonds and of the sale ncorporated, as independent financial Minnesota Statutes, Section 475,60, ph (9) is hereby authorized to solicit bids f of the Issuer on a negotiated basis, Sale Meeting, This Council shall meet at wn in the Terms of Proposal, for the purpose bids for the purchase of the Bonds and of reon as may be in the best interests of the adoption of the foregoing resolution and upon vote being voted in favor thereof: and the following vot d against the same: whereupon the resolut on was declared duly passed and adopted, . I' : I , , , :e e .e THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THiS iSSUE ON ITS BEHALF, PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,055,000 CllY OF STILLWATER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING SONOS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, December 14, 1993, until 11 :30 A.M., Central Tim(\ at the offices of Springsted Incorporated, 85 East Seventh Place, Suite) 10C, Saint Paul, Minnesota. after which time they will be opened and tabulated. Consideration for aWiard of the Bonds will be by the City Council at 7:00 P,M" Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated January 1, 1994, as the date 01 original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1994, Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integra! multiples thereof, as requastCld by the purchaser, and fully registered as to principal and interest. Principal will be payable at the maIn corporate office of the registrar and interest on each Bond will be payablo by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1996 $ 90,000 1997 $ 90,000 1998 $ 95,000 1999 $100.000 2000 $105,000 2001 $105,000 , 2002 $1 10,000 2003 $115,000 2004 $120,000 2005 $125.000 OPTIONAL REDEMPTION The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due or, 0; attar February 1, 2003, Redemption may be in whole or in part and if in part. at the option of the City and in such order as the City shall dotermine and within a maturity by lot as sele.cted oy the registrar, 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 :pecal! assessments against benefited property, The proceeds will be used to ref Lind the 1995 through 2005 maturities of the City's $4,850,000 General Obligation Improvement Bonds. Series 1984A, dated October 1, 1984. TYPE OF PROPOSALS Proposals snail be for not less than $1,044,450 and accrued interest on the total princ;p.J1 amount of the Bonds, Proposals shall be accompanied by a Good Faith Deposit ("Deposit") In . i - the form of a certified or cas~ier'S check or a Financial Surety Bond in the amount of $10,550, e payable to the order of the ~ity, If a check is used, It must accompany each proposal. If a Financial Surety Bond is use~, it must be from an insurance company licensed to issue such a bond in the State of Minneso a, and preapproved by the City. Such bond must be Submitted to SpringsteCl Incorporated pri r to the opening of the proposals. The Financial Surety Bond must identify each underwrit r whose Deposit is guaranteed by such Financial Surety Bond_ If the Bonds are awarded to a underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposi to Springsted Incorporated in the farm Of a certified or cashier's check or wire transfer as I structed by Sprlngsted Incorporated not later than 3;30 P,M., Central Time, on the next bu iness day following the award. If such Deposit is not rocelved by that time, the Financial Su ety Bond may be drawn by the City to satisfy the Deposit requirement. The City will eposit the check of the purchaser, the amount of which will be deducted <>t settlement and 0 interest will accru'e to the purchaser. In the evant the purchaser fails to comply with the ac epted proposal, said amount will be retained by the City. No proposal can be withdrawn r amended after the time set for receiving proposals unless the meeting of the City schedule 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 ot 5/100 or 1/8 of , %. Rates must be in ascending order, Bonds of the same maturity shall bear a single rate from the date 01 the Bonds to the date of maturity. No conditional proposals will be ccepted, AWARD The Bonds will be awarded n the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis, he City's computation 01 the interest rate of each proposal, in accordance with customary wactice, will be controlling. The City wi!! reserve the righ. to: (i) waive non-substantive informalities of any proposal or of matters relating to the recei t of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (Hi) reje any proposal which the City determines to have failed to comply with the terms herein, e BON11NSURANCE AT PURCHASER'S OPTION If the Bonds quali~' for issu nce of any policy of municipal bond insurance or commitment therefor at the option of th underwriter, the purchase of any such insurance policy or the issuance of 3ny such commi~ment shall be at the sole option and expense of the purchaser of the Bonds, Any increased ~osts of Issuance of the Bonds resulting from such purchase of in. surance shall be paid by th+. purchaser, except that, if the City has requested and received a rating on the Bonds from a ating agency, the City will pay that rating fee. Any other rating agency fees shall be the res onsibillty of the purchaser. Failure of th~ municipal bon1lnsurer to issue the polley after Bonds have been awarded to the purchaser shall not constltut cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registr r which shall be subject to applicable SEe regulations. The City will pay for the services of th registrar. CUSIP NUMBERS If the Bonds quality for assl nment of CUSIP numbers such numbers will be printed on the A Bonds, but neither the failur to print such numbers on any BCi"\d ()or any' error with respect .. thereto will constitute cause for failure or refusal by the purchasor to accept delivery of the Bonds. The CUS!? Service ureau charge for the assignment of CUSIP identification numbers shall be palo by the purchas r. . e e e .. SETTLEMENT Within 40 days following the date of ~heir award, the Bonds will be delivered without cost to the purchaser at ;3 place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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 ot 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 p~yment. 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 J. nearly-final Official Statement within the meaning of Rule ,5c2.12 of the Securities and Exchange Commission. For copiCls 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 (612) 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 lnlormation required by law, shall constitute a "Final Official Statement" of thIS City with respect to the Bonds, as that term is defined In Rule 1 5c2-' 2, By awarding the Bonds to any Undel"Nriter or under-Nritlng syndicate submitting a proposal therefor, the City agrees that, no more than ~9ven business: days after the date of such award, it shall provide without cost to the senior managing underNriter of the syndicate to which the Bonds are awarded 40 copies of the Official Statement and the addendum or addenda described abovs. The City designates tha .::enior managing u!:derwriter of the syndicate to which the Bonds are awarded as its agent :or purposes of dl<:rtributing copies of the Final Official Statement to each Participating Underwl it.sr. Any underwriter deliveri~g a proposal with respect to the Bcnd~ agrees thereby that if Its proposal is 2ccepted 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 November 16, 1993 BY ORDER OF THE CI1Y COUNCIL /s/ Mary Lou Johnson Clerk -111- . , e Recommendations For City of Stillwater, Minnesota $1 ,055,000 General Obligation Improvement Refunding Bonds, Series 1994A e - Study No. S078403 SPRINGSTED Incorporated November 11, 1993 , e e e SPRINGSTED 120 South Sixth Street Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (612) 349-5230 PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 16655 West Bluemound Road Suite 290 Brookfield, WI 53005,5935 (414) 782-8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 November 11, 1993 Mr, Charles M. Hooley, Mayor Members, City Council Mr. Nile Kriesel, Coordinator Ms. Diane Deblon, Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082-4898 1800 K Street NW Suite 831 Washington, DC 20006,2200 (202) 466-3344 Fax: (202) 223-1362 Re: Recommendations for the Issuance of $1,055,000 General Obligations Improvement Refunding Bonds, Series 1994A We respectfully request your consideration of our recommendations for the issuance of the above-mentioned issue according to the attached Terms of Proposal. It is our recommendation the City refund the 1995 through 2005 maturities totaling $3,720,000 of the City's $4,850,000 General Obligation Improvement Bonds, Series 1984A, (the "Series 1984A Bonds"), dated October 1, 1984 for interest cost savings purposes. Proceeds of the 1984A Bonds were used, in addition to funds on hand, to refund the City's $6,100,000 General Obligation Temporary Improvement Bonds, Series 1981 A, dated November 1, 1981. The average net effective interest rate on the outstanding bonds is 9.86%. Based on current market conditions, it is estimated the new refunding bonds could be sold at a net effective rate of 4,58%, which, including an investment by the City of approximately $2,707,004, will result in net savings to the City estimated to be $2,162,947, for a present value savings of approximately $1,106,397. This refunding has been structured with fairly even net savings averaging approximately $196,631 annually. The proceeds of the bond issue will provide sufficient monies for the City to retire the 1995 through 2005 principal maturities on the Series 1984A Bonds, as well as pay the costs of issuance and the underwriter's discount needed for the purchaser to remarket the bonds. The 1995 through 2005 maturities of the Series 1984A Bonds will be eligible for prepayment on February 1, 1994 at a price of par plus accrued interest. As noted herein, the City will invest approximately $2,707,004 of available funds on hand in the debt service account for this issue, These funds on hand represent prepayments of assessments and those prepayments will be proportionally allocated to the entire remaining debt service requirements, This will permit the City to refinance the $3,720,000 of bonds outstanding with the issuance of $1,055,000, Appendix I, attached to these recommendations, provides a summary of the sources and uses of funds for the refunding, as well as a detailed comparison between the refunding issue proposed and the existing debt service on the Series 1984A Bonds, Schedule A shows the current debt service payments on the Series 1984A Bonds that are outstanding, On e e e City of Stillwater, Minnesota November 11, 1993 February 1, 1994, the 1995 through 2005 maturities, totaling $3,720,000, will be called for redemption as indicated in Schedule B. The City will make the principal payment due February 1, 1994 as originally scheduled on the Series 1984A Bonds, as well as the semiannual interest payment due on that date (Schedule C), Schedule D shows the estimated debt service on the new issue, The new bonds will be dated January 1, 1994 and will mature February 1 , 1996 through 2005, the same maturity length as the Series 1984A Bonds, The City will begin to pay debt service on this issue beginning on August 1, 1994. Column 6 of Schedule E shows the anticipated annual savings due to the refunding. It is our understanding debt service is to be paid from special assessments and the collection of general ad valorem taxes. The first interest due August 1, 1994 and those due through August 1, 1995 are expected to be paid from collections of special assessments originally pledged to both the 1981 A and 1984A Bonds. Thereafter, each August 1 interest payment will be made from first-half collections of special assessments and an annual tax levy, with each February 1 principal and interest payment to be made from second-half collections of special assessments and taxes, together with excess first-half collections, This payment cycle will continue for the life of the issue. The first tax levy will be made in 1994 for first collection in 1995, Since this issue is a "current refunding" in which payment of the refunded bonds is made within 90 days, the City will not have to establish an escrow account for the bond proceeds, Income earned on reinvestment of the proceeds until the call date has been included as a revenue source to help reduce the size of this issue. We have included an allowance for underwriters' discount of $10,550, or $10 per $1,000 bond, The discount provides the underwriters with all or part of their profit and/or working capital for purchasing the issue and permits them to reoffer the bonds to the investing public at a price of par, We recommend the bonds maturing on and after February 1, 2003 be subject to payment in advance of their stated maturity on February 1, 2002 and any day thereafter at a price of par plus accrued interest. This call feature, representing $360,000 or 34% of the bonds, will permit early redemption of the issue should assessment collections be received by the City sooner than currently scheduled. Interest rates change rapidly with changing market conditions. As always, the City reserves the right to cancel the bonds if interest rates received are unfavorable. We recommend an application be made to Moody's Investors Service of New York for a rating of the bonds, We will provide Moody's with the necessary data upon which they will make their rating analysis and make the application on your behalf. The rating fee will be billed directly to the City by Moody's, All tax-exempt bonds are subject to federal arbitrage regulations. The "final" arbitrage regulations were published in June, 1993. One of the requirements included rebating arbitrage profits to the U,S, Treasury, There are certain exemptions to arbitrage rebate requirements, including a small issuer exemption if the obligations are for a governmental purpose and the City reasonably expects to issue not more than $5,000,000 of tax-exempt obligations during 1994, Even if the City chooses to issue over $5 million of tax-exempt bonds during 1994, there will be no rebate required for this issue since a current refunding is exempt from rebate so long as the refunding issue is no larger than the amount refunded. A 1993 change in the federal arbitrage regulations will require special attention be paid to the accumulation and investment of monies in the debt service fund. Investments of funds which exceed a bona fide fund level will have to be restricted to the yield of the bonds. Page 2 e - e City of Stillwater, Minnesota November 11, 1993 A bona fide debt service fund is defined as a fund which is used to achieve a proper matching of revenues with principal and interest payments within each bond year and is depleted at least once each bond year except for a reasonable carryover amount which may not exceed the greater of: 1, The earnings on the fund for the preceding bond year; or 2, One-twelfth of the principal and interest payments on the issue for the immediately preceding bond year, Any earnings from a bona fide debt service fund are exempt from rebate, Amounts in a debt service fund in excess of the amount of a bona fide debt service fund are restricted to an investment rate equal to or less than the bond yield and may be invested in market rate obligations, if their yield is at or below the bond yield; in specially restricted State and Local Government Securities (SLGS) issued by the U,S, Treasury, or eligible tax-exempt obligations, A debt service fund can lose its bona fide status when the issuer accumulates too much investment earnings and/or prepaid assessments. It is important to monitor the fund to assure compliance with the new regulations, The tax reform act also restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability. Since the City expects to issue less than $10,000,000 of tax-exempt obligations within calendar 1994, these obligations will be eligible to be designated as "qualified obligations," thereby carrying the most favorable tax-exempt interest rates. The 1993 "final" arbitrage regulations brought all tax-exempt issues into the calculation of "economic life." Previously, this requirement was only for private activity bonds. The intent of this requirement is that the U.S. Treasury does not want bonds outstanding longer than is necessary, thus creating more tax-exempt bonds in the marketplace than are needed, The general safe harbor for assuring that the bonds comply with the regulations is if the average maturity of the bonds does not exceed 120% of the economic life of the financed facilities. Since the 1984A Bonds were originally issued to finance street improvements, sanitary and storm sewer and water main improvements, which, under generally accepted accounting principles, have an economic life of at least 20 years, of which 120% equals 24 years, the City is in compliance with this regulation. The average maturity of this issue (refunding bonds) is 6.894 years, The time which has elapsed from the date of issuance of the 1981 Bonds (November 1, 1981) to the date of issuance of this issue (January 1, 1994) is 12.166 years, for a total of 19,060 years, which is within the limit. We recommend this issue be offered for sale on Tuesday, December 14, 1993, with proposals to be received in the offices of Springsted Incorporated at 11 :30 A.M., where they will be verified and checked for accuracy, The option of Sure-Bid will again be available to underwriters, as described in the Terms of Proposal attached to these recommendations, A representative of Springsted Incorporated will be present at the City Council's 7:00 P,M. meeting that evening to provide results of the refunding and recommendations as to the acceptability of the proposals received. Respectfully submitted, /~~~ ~(!Qt~4k#L SPRINGSTED Incorporated rlw Page 3 APPENDIX I City of Stillwater, Minnesota ..0. Refunding Bonds, Series 1994A Prepared: 11/08/93 By SPRINGSTED Incorporated Current Refunding Summary Partial Current Refunding of G.O, Improvement Bonds, Series 1984A Even Annual Debt Service Structure Refunding Bond Rating: A Date of Bonds: Delivery Date: Refunded Call: 1 st Callable: 01/01/94 01/11/94 02/01/94 02/01/95 Uses of Funds on: 01/11/94 Refunded Bond Call Date Sources I Uses Sources of Funds on: 02101/94 Invest. Proceeds Mature: 1 ,011,450.00 Inv, Earnings @ 2,75%: 1,545.27 Funds from Issuer: 2,707,004.73 Total Sources of Funds: 3,720,000.00 Uses of Funds on: 02101/94 Refunded Principal: 3,720,000,00 Refunded Call Premium: Excess Proceeds: Total Uses of Funds: 3,720,000.00 Refunding Delivery Date Sources I Uses Sources of Funds on: 01/11/94 Refunding Principal: Accrued Interest: uotal Sources of Funds: 1,055,000.00 1,239.02 1,056,239.02 Discount @ $10.00 Acc, Int. & Unused Disc: Refunding Expenses: Investment to Call Date: Total Uses of Funds: 10.550,00 1,239,02 33,000.00 1,011,450.00 1,056,239.02 Refunded / Refunding Bond Comparison As of: Refunded Refunding 01/01/94 Statistics Statistics Principal: 3,720,000 1,055,000 Interest: 2.556,135 322,227 Bond Yrs: 25,920 7,273 Avg. Mat: 6.968 6.894 IC: 9.86% 4.58% Total Net Savings/Present Value Savings Future Savings: 4,868,712.92 Less Funds From Issuer: 2,707,004.73 Plus Accr. Int. to D/S Fund: 1,239.02 Plus Exc, Proc. to D/S Fund: Total Net Savings: 2,162.947,21 Present Value Sav@ 4,41%: 1,106.397.89 As % of P.V, Refunded Int.: 52.82% Page 4 , SCHEDULE A City of Stillwater, Minnesota ~,O, Improvement Bonds, Series 1984A ~isting Debt Service Prepared: 11/08/93 By SPRINGSTED Incorporated Date Principal Rate Interest Semi-Annual Annual 02/01/94 190,000.00 8,900% 189,626,25 379,626,25 379,626.25 08/01/94 181,171.25 181,171.25 02/01/95 205,000,00 9,100% 181,171.25 386,171.25 567,342,50 08/01/95 171,843,75 171,843,75 02/01/96 225,000.00 9,250% 171,843,75 396,843,75 568,687,50 08/01/96 161,437.50 161,437,50 02/01/97 250,000,00 9,400% 161,437.50 411,437,50 572,875,00 08/01/97 149,687.50 149,687,50 02/01/98 270,000,00 9.500% 149,687,50 419,687,50 569,375,00 08/01/98 136,862,50 136,862,50 02/01/99 300,000,00 9,600% 136,862,50 436,862,50 573,725.00 08/01/99 122,462,50 122,462,50 02/01/2000 325,000,00 9,700% 122,462.50 447,462,50 569,925,00 08/01/2000 106,700.00 106,700,00 02/01/2001 355,000,00 9,800% 106,700.00 461,700,00 568,400,00 08/01/2001 89,305,00 8.9,305,00 02/01/2002 390,000,00 9.900% 89,305,00 479,305,00 568,610,00 08/01/2002 70,000,00 70,000.00 <</01/2003 430,000,00 10,000% 70,000,00 500,000,00 570,000,00 /01/2003 48,500,00 48,500,00 02/01/2004 470,000,00 10,000% 48,500,00 518,500,00 567,000,00 08/01/2004 25,000.00 25,000,00 02/01/2005 500,000.00 10.000% 25,000,00 525,000,00 550,000,00 Totals "ond Years: Avg, Mat,,: NIC...,.,. : 3,910,000,00 2,715,566,25 6,625,566,25 6,625,566,25 25,935,83 6.633 9.861% All lower calculations are made from the date of the refunding bonds Refunded Bonds Only A vg. Ma t. , : 6 , 968 NIC. , , , , , , : 9.862 Page 5 , City of Stillwater, Minnesota ~O. Improvement Bonds, Series 1984A ~funded Principal and any Call Premium Date Principal 02/01/94 3,720,000.00 e ~::l:ate....~:~~~:~~~:oo First Date Called~....: Call Premium..........: Premium 02/01/94 02/01/95 SCHEDULE 8 Prepared: 11/08/93 By SPRINGSTED Incorporated Semi-Annual Annual 3,720,000.00 3,720,000.00 3,720,000.00 3,720,000.00 This portion will be paid with proceeds. Page 6 l SCHEDULE C City of Stillwater, Minnesota ~.O. Improvement Bonds, Series 1984A ~n-Refunded Debt Service Prepared: 11/08/93 By SPRINGSTED Incorporated Date Principal Rate Interest Semi-Annual Annual 02/01/94 190,000.00 8.900% 189,626.25 379,626.25 379,626.25 e tiotals This portion Will' be paid by the issuer. The first payment includes interest on the entire existing debt service. 190,000.00 189,626.25 379,626.25 379,626.25 Page 7 SCHEDULE D 1 City of Stillwater, Minnesota G.O. Refunding Bonds, Series 1994A ~funding Debt Service Prepared: 11/08/93 By SPRINGSTED Incorporated Date Principal Rate Interest Semi-Annual Annual 08/01/94 26,019.58 26,019.58 02/01/95 22,302.50 22,302.50 48,322.08 08/01/95 22,302.50 22,302.50 02/01/96 90,000.00 3.350% 22,302.50 112,302.50 134,605.00 08/01/96 20,795.00 20,795.00 02/01/97 90,000.00 3.550% 20,795.00 110,795.00 131,590.00 08/01/97 19,197.50 19,197.50 02/01/98 95,000.00 3.750% 19,197.50 114,197.50 133,395.00 08/01/98 17,416.25 17,416.25 02/01/99 100',000.00 3.950% 17,416.25 117,416.25 134,832.50 08/01/99 15,441. 25 15,441. 25 02/01/2000 105,000.00 4.150% 15,441. 25 120,441.25 135,882.50 08/01/2000 13,262.50 13,262.50 02/01/2001 105,000.00 4.300% 13,262.50 118,262.50 131,525.00 08/01/2001 11,005.00 11,005.00 02/01/2002 110,000.00 4.450% 11,005.00 121,005.00 132,010.00 08/01/2002 8,557.50 8,557.50 ./01/2003 115,000.00 4.600% 8,557.50 123,557.50 132,115.00 /01/2003 5,912.50 5,912.50 02/01/2004 120,000.00 4.750% 5,912.50 125,912.50 131,825.00 08/01/2004 3,062.50 3,062.50 02/01/2005 125,000.00 4.900% 3,062.50 128,062.50 131,125.00 Totals e,nd Date.: Avg. Mat..: NIC....... : 1,055,000.00 322,227.08 1,377,227.08 1,377,227.08 01/01/94 6.894 4.576% Delivery. . : Discount.%: Bond Yield: 01/11/94 1.00000% 4.40846% Page 8 t City of Stillwater, Minnesota .0. Refunding Bonds, Series 1994A nual Savings Analysis Date (1 ) 02/01/94 08/01/94 02/01/95 08/01/95 02/01/96 08/01/96 02/01/97 08/01/97 02/01/98 08/01/98 02/01/99 08/01/99 02/01/2000 08/01/2000 02/01/2001 08/01/2001 02/01/2002 08/01/2002 ./01/2003 /01/2003 02/01/2004 08/01/2004 02/01/2005 .tals Present Present As % of Refunding Non-Refunded Debt Service Debt Service (2) (3) 48,322.08 134,605.00 131,590.00 133,395.00 134,832.50 135,882.50 131,525.00 132,010.00 132,115.00 131,825.00 131,125.00 1,377,227.08 Value Rate...: Value Savings: P.V. Ref. Int: 379,626.25 379,626.25 4.4085% 1,106,397.89 52.82% Total New Debt Service (4 ) 379,626.25 48,322.08 134,605.00 131,590.00 133,395.00 134,832.50 135,882.50 131,525.00 132,010.00 132,115.00 131,825.00 131,125.00 SCHEDULE E Prepared: 11/08/93 By SPRINGSTED Incorporated Existing Debt Service (5 ) 379,626.25 567,342.50 568,687.50 572,875.00 569,375.00 573,725.00 569,925.00 568,400.00 568,610.00 570,000.00 567,000.00 550,000.00 Savings or (Loss) (6 ) 519,020.42 434,082.50 441,285.00 435,980.00 438,892.50 434,042.50 436,875.00 436,600.00 437,885.00 435,175.00 418,875.00 1,756,853.33 6,625,566.25 4,868,712.92 Funds from Issuer....: (2,707,004.73) Acc. Int. to D/S Fund: 1,239.02 Total Net Savings....: 2,162,947.21 Page 9 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 ,055,000 CITY OF STILLWATER, MINNESOTA GENERAL OBUGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, December 14, 1993, until 11 :30 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 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated January 1, 1994, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1994. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1996 $ 90,000 1997 $ 90,000 1998 $ 95,000 1999 $100,000 2000 $105,000 2001 $105,000 2002 $110,000 2003 $115,000 2004 $120,000 2005 $125,000 OPTIONAL REDEMPTION The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. 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 specail assessments against benefited property. The proceeds will be used to refund the 1995 through 2005 maturities of the City's $4,850,000 General Obligation Improvement Bonds, Series 1984A, dated October 1, 1984. TYPE OF PROPOSALS Proposals shall be for not less than $1,044,450 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in Page 10 Page 11 ~ e e e SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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. 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 (612) 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 40 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 St,atement. Dated November 16, 1993 BY ORDER OF THE CITY COUNCIL /s/ Mary Lou Johnson Clerk Page 12 e MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: November 12, 1993 RE: REFUNDING OF OAK GLEN RELATED BONDS ($1,055,000 REFUNDING ISSUES NOVEMBER 12, 1993) e Ron Langness, Springsted Inc., will be at the meeting Tuesday night to discuss the refunding of the G. O. Bonds that were issued to finance the improvements for Oak Glen Development. The original bonds have a 10-year call feature and the Council needs to decide whether or not to call the bonds. As pointed out in Mr. Langness's recommendations, it appears to make economic sense to call and refund the existing bonds because of the difference in interest rates on the current bonds (9.861%) and the rates we could obtain on the new bonds (4.576%). The schedule on page 9 shows the savings that would be affected by the issuance of the new bonds. One of the issues related to the "Oak Glen" bonds is the issue of the "short fall" that may occur in the debt service 'fund when all revenues from the assessment are received and all of the debt has been paid. At this time, that amount is undetermined but could approach a substantial amount under certain circumstances ($400,000 - $500,000). The development agreement between the City and Oak Glen Development Corp. contains a guarantee provision that would allow the City to recover any "short fall" from the partners of the Oak Glen Development Corp. However, a short fall does not actually exist at this time and it remains to be seen how much short fall will actually take place - or when it will take place. In any event, the issue of the short fall is a separate matter and should not impact the decision to call and refund the bonds. In fact, without the refunding, the "short fall" will actually get larger. Therefore, staff concur with Mr. Langness's recommendation. City staff will continue to monitor the "short fall" situation and advise the Council accordingly. ~~I It ~~ c#thv ~~ e e e ~ 1940 S. Greeley St. Suite 108 Stillwater, MN 55082 (612) 439- 0871 FAX: (612) 430. 1459 8 November 1993 Mr Nile Kriesel, City Administrator Mr Steven Russell, Director of Planning City of Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 cc: Mayor, City of Stillwater City Council members, City of Stillwater Related State and Federal units of government Dear Sirs: This letter concerns an article on page 12 of the Courier of November 4, 1993~ and the reference to the awarding of a contrac t to a firm called Camiros, a planning and consulting firm, to handle some of the future planning for the City of Stillwater. I elected to check, and was provided with the following: 1. The Secretary of State of the State of Minnesota reported the firm is not registered as a domestic nor a foreign corporation to conduct any business in the State of Minnesota. 2. Limited checking to date indicates the firm has not filed income tax returns in the State of Minnesota. 3. It's status as a public corporation or a private corporation with registration of stockholders with the State of Minnesota is not on record at this point. 4. The firm is not listed in local, metropolitan or special telephone directories, nor is it listed in recently published city directories. 5. City Councilpersons stated they have no knowledge of the firm although they were told the firm had done excellent work for several communities. However, the councilpersons claimed they could not recall that the name of any communities had been provided them before their vote for the awarding of the contract. 6. A private investigative firm, with the assistance of U.S. West provided the firm's telephone number and address. The address was later collaborated by ill Wri-el~ ti~ i~~hts1~ilieseWf1ftt1eiijriger" C#duv ~~ ~ Kreisel & Russell 110893 p-2 1940 S. Greeley St. Suite 108 Stillwater, MN 55082 (612) 439- 0871 FAX: (612) 430-1459 7. Limited inf rmation, at this point, could not confirm nor deny that the firm as ever filed tax returns. 8. Repeated ca~ls to the firm produced "no answer". How~ver, after calls to Mr K~eisel and Mr Russell, a recording was provided at the firms telephone number 827-7501. However, repea ed calls on the 5th, 6th, and 8th of November produced nothing of a response, despite specific requests for a call back and specific i formation. Others I asked to call received the same response. 9. Mr Kriesel 1nd Mr Russell have failed, to this point, to return telephone ca Is, nor have they responded to correspondence, sent certified mail to insure delivery. I I It, to me, would be1a natural occurance to obtain on such a firm befote the execution of a contract of the City of Stiltwater's monies. some further information involving the taxpayer! e As a long time resi ent, I am concerned, based on errors made in the past and documented that this contract should be review in minute detail. The continued refus 1 of the City of Stillwater and its employees to respond to legit'mate concerns of myself and other taxpayers, indicates problems 'n communications with the people of the community. It would really be citizen and residen shame if the only way to obtain a response to concerns would be through the courts. Further, it is inte ~sting to note that the planning contract was awarded to a firm t at I) not registered to do business in the State of Minnesota; 2) No record of tax returns being filed, at this point; 3) No listing of stockholders, at the present time; 4) no published information as to name, address, telephone number, etc on the firm; 5) no record with the Better Business Bureau, Chamber of Commerce, MN Attorney General's Office; no listing with the American Institute of planners nor the A erican Planners Institute, none of the 6 other metropolitan counties, etc., etc. Check it yourselves. Yet, they get a planning con act, but no contract copy is available to the PUbl~ "ncerely, J. - r old G J1rik"W th - - I- " ere e Impossible takes a Ittle longer e e e , .. MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR ~ DATE: NOVEMBER 12, 1993 SUBJECT: LETTER REGARDING THE CITY SELECTION OF CAMIROS AS PLANNING CONSULTANT The attached letter was sent by the consultant to Arnold Jirik in response to his concerns. Camiros is currently working in Red Wing, Chanhassen and Isanti, Minnesota and have a reputation as a competent consulting firm. CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e J . earnlras 5547 Grand Avenue S., Minneapolis, MN 55419 (612) 827-7501 10 November 1993 Mr. Arnold Jirik International Idea Center 1940 S. Greeley, Suite 108 Stillwater, MN 55082 Dear Mr. Jirik: Camiros, Ltd. is a privately held Illinois corporation that has provided community planning services for nearly twenty years. The company was founded by Jacques Gourguechon, AICP, and Leslie Pollock, AICP in Chicago, Illinois. Since that time, the company has grown to encompass three other offices in the Upper Midwest - Minneapolis, Indianapolis and Madison. At present, the company has fifteen full-time employees and four part-time or hourly employees. I have enclosed a brochure about the company and a full listing of our completed projects. I would invite you to contact any of these communities or businesses to learn more about us. Because Camiros is privately held, it is not obligated to reveal the identities of its stockholders. For additional information about Camiros, please contact Camiros President Jacques Gourguechon, 411 S. Wells St., Chicago, IL 60607. His telephone number is (312) 922-9211. If you have any further concerns about our relationship with the City of Stillwater, I suggest you deal with Nile Kriesel directly. Thank you for your interest in our firm. Sincerely, ~ Joyce N. Levine, AICP Principal Consultant C: Jacques Gourguechon Leslie Pollock Steve Russell, City of Stillwater Consultants in Planning, Zoning, Development Economics, and Landscape Architecture Chicago, Illinois Madison, Wisconsin Indianapolis, Indiana Minneapolis, Minnesota Orlando, Florida ~~ c#auu ~~ e - 1940 S. Greeley St. Suite 108 Stillwater, MN 55082 (612) 439- 0871 FAX: (612) 430-1459 9 November 1993 Mr Nile Kriesel, City Administrator Mr Steven Russell, Director of Planning City of Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 cc: e Mr Charles Hooley, Mayor, City of Stillwater Stillwater City Council City of Stillwater Planning Commission Washington County Planning Commission Metropolitan Council Minnesota Attorney General'spffice Minnesota Department of Revenue Department of Treasury, Internal Revenue Service Others Various local, regional, national media Dear Sirs: At 3:37 p.m. today, I was able to verify via a Ms Joyce Levine, a principal of Camiros Ltd., that, indeed, :the firm, incorporated in the State of Illinois, is not registered as a domestic nor a foreign corporation in the State of Minnesota and therefore not licensed to conduct business in the State of Minnesota. Further, the firm has never filed a corporate or other tax return in the State of Minnesota. It is anticipated, if the firm is cooperative, details and financial reports on the stability of the firm and its customers and stock- holders will be provided to me and to others. I remind you that the City Council approved a contract for planning for the future of this firm which was reported on page 12 of the Courier. e As everyone from the mayor, council members, and city adminis trators has failed to respond to any of my correspondence, I formally request that I be placed on the new business agenda of the Stillwater City Council in order to make this information (and other data) a matter of public record with copies of correspondence and documentation available to the media in order to let Stillwater residents know how, in at least a few areas, how the City of Stillwater conducts business. "Where the impossible takes a little longer" ~~ c#thv ~~ ., . ~ e 1940 S. Greeley St. Suite 108 Stillwater, MN 55082 (612) 439,0871 FAX: (612) 430 - 1459 _P-2 i KrieSell& Russell I expect a confirmation of my request as to date, time, place, etc by return mail. I a~ told it is a minor issue to schedule an individual into the new-busine~s segment of a City Council meeting, even if the time slot is late at night or early hours of the morning. I will also be aski g questions relative to "planned" development of approximately 2,000 homes via two developers in the area where the City intends to annex St llwater Township and other areas. After meeting with and planning firm r relative to the Cit cooperation with ot these questions and meeting of the City And last, if time p fiscal irresponsibi will involve the Ci audit its financial City taxpayers and documentation goes interest and knowle ashington County officials and their architectural presentatives, I have also prepared some questions of Stillwater and its reluctant or avoidance of er metropolitan officials. I also wish to make issues a matter of public record at a regular Council of the City of Stillwater. rmits, I would like to present documentation of ity, faulty audits, and related matters that y of Stillwater Administ';rator, the t:irm it retaine records, and other related matters which have cost esidents a substantial amount of monies.Current ack to 1987, and Mr Kriesel has more than passing ge. I am truly sorry th t the City of Stillwater has chosen to go this route. It is sad fo the community, its residents, its leaders, its administrators, and adjoining communities. However, accountabi ity and responsibility has to start somewhere, and the City of Sti lwater has chosen to air its dirty laundry in public. Maybe it wi I be an example to other communities throughout the area and nati s ectfUll~ rn ld G Jirik e i I "W~ere the impossible takes a little longer" e AJ"SeH 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL,MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A nON November 12, 1993 RE: Stillwater, Minnesota McKusick Road Minnesota Project M5295 (001) and MRP 5295 (001) SEH No. A-STILL9401.00 Mr. Donald J. Theisen, P.E. Deputy Director Technical and Administrative Division Washington County Public Works Department 11660 Myeron Road No. Stillwater, MN 55082-9573 Dear Mr. Theisen: We are writing this letter on behalf of the City of Stillwater Council. e The Council is concerned about the ability to pave the portion of McKusick Road which has been disturbed to date, in light of lateness of the season. The City Council is also concerned about various potholes that have been left in the existing bituminous surface and whether these will be patched by the. Contractor for the winter to provide a safe driving surface. Another concern expressed by the Council is whether the Contractor will be disturbing any additional roadway surfacing this year, and not be able to provide a hard surface for traffic through the winter and the spring. I would appreciate it if you would respond briefly to the City Council with the 'proposed schedule of the Contractor addressing the above items. If you have any questions, please do not hesitate to contact me. (;2~~- Richard E. Moore, P.E. Ci ty Engineer e REMjkam c: City Council, City of Stillwater SHORT ELLIOTT HENDRICKSON INC MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI e e e ~SeJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION November 12, 1993 RE: Stillwater, Minnesota Ci ty Engineer .~. SEH File No. A-STILL9401.00 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Council Members: As you requested, we have reviewed the maintenance records for the Everett Street Lift Station with Public Works personnel. We find the daily inspection record to be up to date and believe that the lift station maintenance meets the general requirements for this type of a lift station. The section of forcemain that was replaced this summer, as the Council may recall, was brought to the attention of the Council when it was noticed that it had started leaking inside the station, and as a precautionary measure, the forcemain was replaced to prevent the possibililty of a break and further problems with the lift station. We do not feel that there has been negligence on the part of Public Works in maintaining this lift station. If you have any further questions, we would be pleased to discuss this with you at any time. . C;X:' . ,~- J ~3CA-cj~-~1 G~c~ Richard E. Moore, P.E. Ci ty Engineer REM/kam c: Nile Kriesel, City Coordinator David Junker, Director of Public Works SHORT ELLIOTT HENDRICKSON INC ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI MINNEAPOLIS, MN e e e MEMO TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: NOVEMBER 10, 1993 SUBJECT: COMMISSION APPOINTMENTS FOR 1994 It is again time to start thinking about appointments to the various City committees and commissions for next year. In the past, I have contacted the Chairperson of each commission and requested they contact those members whose terms are expiring and determine if they wish to be reappointed. Then the Council would decide if they wished to reappoint these persons or advertise for others who may be interested, Council direction is requested. e e e MEMO TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: NOVEMBER 10, 1993 SUBJECT: LEGAL NEWSPAPER FOR 1994 It is time again to consider designation of the Legal Newspaper for City business for 1994. Several years ago Council decided to go through the bidding pr cess to choose a legal newspaper and has used the process on and off. However, the City Attorney has advised that the City is not leg lly required to advertise for bids, but must designate a Legal Newspaper to publish certain ity information for each year. Please advise which process you would like to use. tit e e , MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: November 12, 1993 RE: INVOICES FOR EFFICIENCY STUDY Accompanying this memo is a recap of the contract and amount invoiced for the efficiency study conducted by' Tennessen Associates (the study recommendations, staff responses and proposed building conversion plans are under separate memo'). I am providing you this information because you may have some questions pertaining to the amount invoiced compared to the contract amount. The Phase I contract stated a "guaranteed" amount. Whereas the Phase II contract was based on an estimate. I believe some of the differential is justified because Mr. Tennessen did some additional work. However, I am not sure if the entire differential is justified. I have asked Mr. Tennessen to provide the City with a more detailed account of the work he performed to help the Council determine the reasonableness of the amount billed. I can discuss this further at Tuesday night's meeting. 1I.-i l( e e e RECAP OF CONTRACT AND AMOUNT INVOICED FOR EFFICIENCY STUDY ~. Phase I - Administration/Finance Contract Amount: Basic services (guaranteed) Reimbursable Expenses (guaranteed) Total Contract (guaranteed) Invoiced: 9315-10-01 (4/30/93) 9315-01-02 (5/31/93) 9315-01-03 (6/30/93) Total Invoiced Total Paid Balance Due Difference between Contract and Amount Invoiced: Contract Amount Invoiced Invoiced (under) Contract Amount Phase II - Public Works Contract Amount: Basic services (estimated) Reimbursable Expenses (estimated) Invoiced: 9322-02-01 (6/30/93) 9322-02-02 (7/30/93) 9322-02-03 (8/31/93) 9322-02-04 (9/30/93) 9322-02-05 (10/31/93) Total Invoiced Total Paid Balance Due Difference between Contract and Amount Invoiced: Contract Amount Invoiced Invoiced over Contract $7,780.00 1,133.00 8,913.00 2,553.04 4,555.70 1,803.64 8,912.38 8,912.38 -0- $8,913.00 8,912.38 i.:.ill $7,435.00 1,163.00 8,598.00 2,191. 80 5,952.91 2,900.95 1,993.98 368.94 13,408.58 8 , 144 . 71 5,263.87 $8,598.00 13,408.58 4,810.58 , TENNESSEN ASSOCIATES, INC. Industrial/ Management Consultants 3200 EAST 51st STREET. MINNEAPOLIS, MN 55417 612-729-0595 e April 16, 1993 Mayor Charles M. Hooley City of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Hooley: fJ J1P~ X- Basic Letter of Agreement to provide Efficiency Study for City of Stillwater. Washington County. Minnesota e Tennessen Associates, Inc. (Consultant) agrees to provide services to City of Stillwater (Client) based upon the following basic services, further defined in the submitted proposal (Exhibit A), and the following stipulations: BASIC SERVICES As described in Section II of Exhibit A. 1. Review Project Parameters 2. Review City Plans 3. Provide Process Orientation Training 4. Document Current Processes 5. Develop Improved Processes 6. Prepare Process Narratives e I EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT 7. Document EmplQyee and Department Requirements e 8. 9. 10. 11. 12. A. Total Expense I ~services an I Reimbursable Expenses, as defined in following paragraphs, is B. Basic Services For management plannibg services rendered, consultant will be compensated on a fee schedule bg,sed-\ipQ Jrk effort expended. Total guaranteed maximum cost for Basic } Services IS $7,780., e C, Reimbursable Expenses Reimbursement expens s include actual expen 1 for the project, such as cost of reproduction of docum ts, postage, automobile travel at. r mi~g distance telephone calls, meals d lodging, data processing and other expensT" ~ by the client. Total guaran maximum cost for Reimbursable Expens~ D. Billable Hourly Rates Principal Consultant Systems Analyst Project Leader Proj ect Analyst Data Processing Operat r Computer Processing $75.00/hour $55.00/hour $55,OO/hour $40.00/hour $35,OO/hour $15.00/hour e 2 .r:SSEN ASSOCIA rES, INC. Industrial/ Management Consultants 612-729-0595 ,~ fAST 51st STREET. MINNEAPOLIS, MN 55417 e Invoice submitted to: v Charles M. Hooley City of stillwater City Hall 216 North Fourth street stillwater MN 55082 INVOICE No. 9315-01-01 FOR PROFESSIONAL SERVICE f!t;O...4.JL T Consultant For professional services rendered Reimbursable expenses: Meals Mileage Reproductions Total costs Total amount of this bill EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT April 30, 1993 red-, Hrs/Rate ,?113 Amount 23.00 1,725.00 75.00jhr 23.00 $1,725.00 o (t- -to f~ 5.54 67.20 5.90 $78.64 $1,803.64 , . . tNNESSEN ASSO~IATES, INC. r I }oo EAST 51st STREET. MINNEAPOLIS, AN 55417 Industrial/ Management Consultants 612-729-0595 e /.!llV'oice submitted to: / Nile Kriesel city of stillwater city Hall 216 North Fourth street stillwater MN 55082 May 31, 1993 INVOICE No. 9315-01-02 FOR PROFESSIONAL SERVICE (J /<<JJ~- .x Consultant Project Analyst For professional services rendered Reimbursable expenses: Data Process Mileage Reproductions Total costs Total amount of this bi I or.- /' (rJ fc-'1 ~'"') ~ ~ e ,-.\... ~ EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT I ..~SSEN ASSOCIATES, INC. Industrial! Management Consultants .- ./ eAST 51st STREET. MINNEAPOLIS, MN 55417 612-729-0595 e Invoice submitted to: Nile Kriesel City of stillwater City Hall 216 North Fourth street Stillwater MN 55082 June 30, 1993 INVOICE No. 9315-01-03 FOR PROFESSIONAL SERVICE f j~O-~ s: Hrs/Rate Amount Consultant 23.50 1,762.50 75.00jhr Project Analyst 7.00 245.00 35.00jhr e Word Processor 0.75 26.25 35.00jhr For professional services rendered Reimbursable expenses: 31.25 $2,033.75 Data Process Meals Mileage Reproductions 232.50 17.11 96.88 172.80 Total costs $519.29 Total amount of this bill $2,553.04 O~ 7c- ~ {-Vi lie EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT , TENNESSEN ASSOCIATES, INC. Industrial/ Management Consultants 612-729-0595 3200 EAST 51st STREET. MINNEAPOLIS, MN 55417 e June 15, 1993 Mayor Charles M. Hooley City of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55982 n- Dear Mayor Hooley: fJ jL{).J~ +1 Basic Letter of Agreement to provide Efficiency Study for City of Stillwater Tennessen Associates, Inc. (Consultant) agrees to provide services to City of Stillwater (Client) based upon the following basic services, further defined in the submitted proposal (Exhibit A), and the following stipulations: e BASIC SERVICES 2. e 1. Review Project Parameters Review City Plans 3. Provide Process Orientation Training', ~ 4. Document Current Processes 5. Develop Improved Processes 6. Prepare Process Narratives 7. Document Employee and Facility Support Requirements 8. Document Workshop Space 9. Document Throughput Requirements 1 EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT 10. Approve spa1 Requirements Develop Relatibnship Chart ! i 11. 12. Develop Detail Layout 13. Develop Final eport COMPENSATION f 0AQ II A. Total Expense e ices and Reimbursable Expenses, as defined in following B. Basic Services For management plan ing services rendered, consultant will be compensat on ee schedule hased upon lark effort expended. Estimated cost for Basic Service is $7,435. Reimbursable Ex ens s e C. Reimbursement expe ses include actual expenditures for the projec, such as cost of reproduction of docu ents, postage, automobile travel ~(mile, long distance telephone calls, meals and lodging, data processing 0tJier ~pe~es as authorized by the client. Estimated Cost for Reimbursable Expe ses is $1,163. D. Billable Hourly Rates Principal Consultant Systems Analyst Project Leader Project Analyst Data Processing Oper tor Computer Processing! ! $75.00/hour $55,OO/hour $55,OO/hour $40.00/hour $35,OO/hour $15,OO/hour 2 e TENNESSEN ASSOCIATES, INC. Industrial! Management Consultants 3200 EAST 51st STREET. MINNEAPOLIS, MN 55417 612-729-0595 e Invoice submitted to: October 31, 1993 Nile Kriesel City of stillwater City Hall 216 North Fourth street stillwater MN 55082 INVOICE No. 9322-02-05 FOR PROFESSIONAL SERVICE In reference to: Phase II - Public Works Department Hrs/Rate Project Analyst 7.00 35.00jhr 0.75 35.00jhr Word Processor For professional services rendered Reimbursable expenses: 7.75 Data Process Postage Reproductions Total costs Total amount of this bill EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT Amount 245.00 26.25 $271. 25 90.00 3.19 4.50 $97.69 $368.94 " ro:"" .\ 8:-'~ /~ ',{/ ~~":J'4\ TENNESSEN ASSO~IATES, INC. I 3200 EAST 5 hI STREET · MINNEAPOLIS, tN 55417 Invoice submitted to: Industrial/ Management Consultants 612-729-0595 e Nile Kriesel City of stillwater City Hall 216 North Fourth street stillwater MN 55082 september 30, 1993 INVOICE No. 9322-02-04 FOR PROFESSIONAL SERVICE In reference to: hase II - Public Works Department Hrs/Rate Amount Project Analyst 19.50 75.00jhr 4.50 35.00jhr 1,462.50 Consultant 157.50 e Word Processor 5.75 201.25 35.00jhr For professionq.l servic~s rendered Reimbursable expenses: 29.75 $1,821.25 Data Process Meals Mileage Postage Reproductions 86.25 6.60 38.64 6.09 35.15 Total costs $172.73 Total amount of this bi 1 $1,993.98 e ,'1 ~,~.{?~; ______..'_ _. .......,_ __ ..__ - 1_____- ____u___ ('~\,- . TENNESSEN ASSOCIATES, INC. Industrial/ Management Consultants 3200 EAST 51st STREET. MINNEAPOLIS, MN 55417 612-729-0595 e Invoice submitted to: Nile Kriesel City of stillwater City Hall 216 North Fourth street stillwater MN 55082 INVOICE No. August 31, 1993 9322-02-03 FOR PROFESSIONAL SERVICE In reference to: Phase II - Public Works Department Hrs/Rate Amount Consultant 28.00 2,100.00 75.00/hr Project Analyst 12.50 437.50 35.00/hr Word Processor 3.75 131.25 35.00/hr For professional services rendered Reimbursable expenses: 44.25 $2,668.75 Data Process Mileage 165.00 67.20 Total costs $232.20 Total amount of this bill $2,900.95 EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT ,...-- t ------------- - ------ DNNESSEN Asso 'lArES, INC. Industrial/ Management Consultants J200 EAST 51st STREET. MINNEAPOLIS, /oJ N 55417 612-729-0595 e Invoice submitted to: Nile Kriesel city of stillwater City Hall 216 North Fourth street stillwater MN 55082 July 30, 1993 INVOICE No. 9322-02-02 FOR PROFESSIONAL SERVICE In reference to: P ase II - Public Works Department Hrs/Rate Amount Consultant 63.00 75.00jhr 4,725.00 Project Analyst 18.50 35.00jhr 6.75 35.00jhr 647.50 Word Processor 236.25 e For professional services rendered Reimbursable expenses: 88.25 $5,608.75 Data Process Meals Mileage Reproductions 232.50 7.14 96.32 8.20 Total costs $344.16 Total amount of this bill $5,952.91 ~N~~ I . (\ ' i . I, )!..){,/ 0--/\ (yJJ ~~<>:> 0'" e .. y ~iESSEN ASSOCIATES, INC. Industrial/ Management Consultants 612-729-0595 ,.ftJ EAST 51st STREET. MINNEAPOLIS, MN 55417 e Invoice submitted to: Nile Kriesel City of stillwater City Hall 216 North Fourth street stillwater MN 55082 [$( INVOICE No. 9322-02-01 FOR PROFESSIONAL SERVICE ~ June 30, 1993 = .'?s9S F ;:W'. In reference to: Phase II - Public Works Department Consultant Project Analyst For professional services rendered Reimbursable expenses: Data Process Mileage Total costs Total amount of this bill e EFFECTIVE PLANNING TO HELP YOUR BUSINESS PROFIT Amount Hrs/Rate 28.00 75.00jhr 1.50 35.00jhr 2,100.00 52.50 29.50 $2,152.50 22.50 16.80 $39.30 $2,191. 80 0 (L -- /0 (Jv-/1 10 . '.) ,,~ ',"0 t" · . )Y ti> Berkley Risk Se1Vices, Inc. e November 10, 1993 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 A TIN: Mr. Nile Kriesel, Coordinator RE: BRS FileNo.: 11003568 Trust Member: City of Stillwater Date of Accident: 6/15193 Dear Mr. Kriesel: On behalf of the League of Minnesota Cities Insurance Trust (LMCIT), this letter will formally acknowledge receipt of a November 8, 1993 facsimile from your city's insurance agent reference to a claim by Mr. Gene Bealka. e It has been reported that Mr. Bealka was driving his personal vehicle on city business when he struck a deer. Mr, Bealka requested that the city reimburse him an amount of $147 which includes his $100 deductible and $47 for a rental vehicle while his vehicle was being repaired. Although I have tried to reach Mr. Bealka by telephone, at the time of this dictation I have not had an opportunity to speak directly with him. I did leave a message with his wife and I would hope to be hearing back from him in the very near future. In any case, under Covenant No. CMC13305 effective 1/1/93 to 1/1/94, your city is provided with automobile comprehensive coverage for owned automobiles only. Since your city does not own the vehicle involved, coverage would not apply under that coverage part. If Mr. Bealka is presenting an automobile liability claim, I would refer you to Coverage E, Automobile Liability, 2. Exclusions, which states, in part, "This coverage does not apply.,. c. to property damage: (1) to property owned or being trallSported by the "covered party"; or (2) to property rented to or in the care, custody or control of the "covered party", or as to which the "covered party" is for any purpose exercising physical control, ,.. " Mr. Bealka would be a "covered party". Accordingly, liability coverage would be excluded. e Therefore, in conclusion, the LMCIT will not be making any payment to Mr. Bealka with respect to this claim. 920 Second Avenue South, Suite 700 · Minneapolis, Minnesota 55402-4023 · (612) 376-4200 · Fax (612) 376-4299 A Member of Berkley Risk Management Services Group f.'iP~ ....17 ~~J' ~ City of Stillwater November 10, 1993 Page Two BRS File #11003568 e I am taking the liberty of copr! ing this correspondence to Mr. Bealka and your insurance agent for their information also. Should anyone receiving a c, py of this correspondence have a desire to discuss this matter further, please feel free to coptact me. Thank you. Very truly yours, A 'I ~~L,iU.J Robert A. Weisbrod Assistant Vice President Claims cc: i I I I i McGarry- Kearney AgrnCy, Inc. 243 South Main Stree Stillwater, MN 5508~ e RA W:jcc Mr. Gene Bealka 711 Lake Drive Stillwater, MN 5508f Mr. Doug Gronli (Wit. ncl.) LMCIT 3490 Lexington Ave, INorth St. Paul, MN 551261 I e e e e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING S29.08, SUBD. 3 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendinq. S29.08, Subd. 3 shall be added to the City Code that shall hereafter read as follows: "Subd. 3. Inspection. The City Building Inspector and other authorized employees of the City, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties connected to the City sanitary sewer system for the purpose of inspection, observation, measurement, sampling, and testing. The premises of any property owner or occupant, who refuses entry to a City employee, after a proper request as provided for in this section, shall be terminated from the connection with the City sanitary sewer system. Such termination of connection shall be effected by the City only after a hearing before the City Council upon 10 days mailed notice to the owner or occupant concerned. Any such property producing sewage shall be equipped with an adequately maintained and liquid tight holding tank." 2. Savinq. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Publication. This Ordinance shall be in full force and effect from and after its publication according to law. Enacted by the Council this day of , 1993. Charles M. Hooley, Mayor ATTEST: Mary Lou Johnson, City Clerk e e e .... .. "'SeH 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL. MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENfAL TRANSPORTATION November 12, 1993 RE: Stillwater, Minnesota City Engineer SEH File No. A-STILL9401.00 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Council Members: As you requested, Mr. David Junker, Public Works Director, and the undersigned reviewed Parcel Number 9400-2050 at the northeast corner of West Olive Street and Deer Path. This parcel would have the address 290 Deer Path if it were developed. As the Council may recall, the question of development of this lot was raised as pertaining to drainage from the lot in particular. Mr. Junker and I met with the prospective buyer on Wednesday, November 3rd to review the present condition of the lot and existing drainage in the neighborhood area. We were also met by the owner of house #266 Deer Path Court to discuss the present drainage problem. Presently, drainage is critical to house #266 and house #260 on Deer Path Court. Frequently, flooding of the backyard areas and storm water intrusion into the basement of house #266 occurs. The property owner of house #260 on Deer Path Court has installed a plastic pipe, which appears to be a 10" plastic pipe, on the northerly lot line between house #260 and #254 on Deer Path Court, discharging above the curb in the boulevard area on Deer Path Court. The backyards of house #266 and 260 all slope towards this pipe outlet, with the exception that there is a slight ridge approximately on the property line between these two homes which blocks some of the storm water flow out of the backyard of house #266. That is, the water has to build up to a level which causes backyard flooding before it can run northeasterly across the backyard of Lot #260. Since the proposed lot at the corner of Deer Path and West Olive Street is above the houses at 260 and 266 Deer Path Court, any runoff from this lot after it is developed would run across the backyards of these two homes. We feel this would further aggravate the flooding problem in these backyards. We do not recommend development of the vacant lot at the corner of Deer Path and West Olive Street until some resolution is provided for the flooding of the two existing homes on Deer Path Court. SHORT ELLIOTT HENDRICKSON INC, MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON, WI ST CLOUD, MN Honorable Mayor and City C1uncil November 12, 1993 Page 2 We did discuss possible pondi:ng of water on the vacant lot if it were developed to reduce the runoff. However, there woul~ still be runoff crossing the two existing homes on Deer Path Court and having a pond in th+_backyard of a home that was built on the vacant property at the corner of West Olive Street anf1 Deer Path would not be a very desirable situation. I In order to address the pres en drainage problem, elevations should be taken by survey in the backyards of the two existing homes on Deer Path Court, and review the possibility of some additional storm sewer in De Path Court. Presently, all of the drainage in Deer Path Court goes to the northeasterly corn of the cul-de-sac to a single catch basin and is then discharged into the low area which is loc ted between Interlocken Hills and the Deer Path Development south of Myrtle Street. We are including a portion of tJile City Section Map indicating the vacant lot and the two existing homes with drainage problem in the backyard. We would be pleased to discu s this with the Council at your convenience. G1Sincerel:'~, ~ ~.. ..1 G/ o'. ./ , wl.cJcf9:. · / · ''L- Richard E. Moore, P.E. City Engineer REM/kam c: Nile Kriesel, City Coor inator David Junker, Director of Public Works ..- e e e .,. e ApPRo x I MATE FLooD r)REA ~-_............- D- , ltC" "'~'14. ~ If ! --:r- S' 18/1 J . .. :, i? ,,,.:;, ~ I +/~ ,. ;"':;;;.:. /888 " I;' J' ;. IZ 4-0$ .3 .0 i IP()~ ..,..' ..,; 1 paS' e .~ N . ..., ...,....... '- a;;. f ~ CDITION · .!'OZ?-.z ?OZ3-IN!:SD 7,S" Il lu ~ ~ ,..,.,., , Ztll 1,.#'''- Zo~O It>~" _;1000 1t1~/" -Z02$' UN / M PROVEL LOT /10. ,.. It.". 1.:"; 141 n- ,.e.' .. ,~U " -" _'L' ~ . .0 .. :: ~ t ..- s':' 171$'! 1'711 I7Z3117/S1 :10' ",1 0..",,. -. .. "', ~ $:. . ~. /707 i /7 ~ .' I ", 4 \ ; \ '; .---~ "! ~ 50 SOT . , /607 I !" , 10'41;, _.!?Cc; I 0: ; , i ~ z :: I I ~ . ~ . . ~ -~ 5 " ~ . ... . 1:: ~ i ~ V) .. Z ", . 1 . \, - ; i L/{)~ -,-~- ,! 0( ! -f""';' I Q " " l( _ :-. ' 3S0 ~ : /70S- /(:41 ... s.... ~ ,~:70Sr::: /70 ..->~.-.. · APP'CATION AND CERTIFICATE FOR PAY~T AlA DOCU.\1ENT G702 (InS(:lICliu:1S on "'-'~'l~,:-e ~itlc) 1....G_HII' . ., ~ TO O\,(.'NER: City of Stillwater 216 North 4th Street Stillwater, MN 55082 H10~[ CONTR.KT(j[{; J & D Enterprises of Duluth, Inc. 5197 Lavaque Road, Duluth, MN COI\TI{M:T Fl1R:Dernoli tion of West Wing, ~').(j 1~.. AI'PLlC..\TIO:'-1 NO: 1 PERIOD TO: 10-2..,-<:1) PROJI:CT :'\OS.: A-STILL3320.00 CONTIl:\CT D:\Tl!: 7-26,-93 Dislrihlllillll I(l: o OWI\ER (J ;\RC}J(TECT CI C()~ l"R,\CrOH :l ::J PROJECI": Demolition of West Wing ! Stillwater JR. High VI.A ,'\UCI-lITECI' Short Eliot Hendrickson 3535 Vadnais Center Drive, St. Stillwater Jr. High Paul, MN CONTRACTOR'S APPLICATION FOR PAYMENT Appli'-::Iioll :5 malic for p.I)'IIK'nl, :I,!, shown 'oc:lm..; :11 cCllim:clion Wilh IllC Contract. C',llllhl'.I:JliulI Sheel, AII\ J)(Jc'\J1\1CIll (,;(1;\. is ;l\t:ldlt:d. I. ORIGINAL CONTRACT SUM. . . . , . , . . . . , . . . ., . ~ 1 34 , 469 . 00 o /' 7 ~,-5_L21tQ.!~_Q_ o , 5,280.00 47,520.00 .! . Net change by Change Orders. ,. ...........1- 3. CONTRACT SUM TO DATE (Line I :t 2).,.." , . ,__~3 4. ' 469 . 00 .1 . TOTAL COMPLETED'" STORED TO DATE. . . . . . $ 52 , 800 . 00 {Cl)lumn <..i on (.7\U} -; . LESS PREVIOUS CERTIFICATES FOR PAYMENT 0 (tine 6 from ?rlor C:ellm(':',t~) .. . . . ., .....,... 6._ S. CURRENT PAYMENT DUE .,.... , . . . , . ., .. L_~._. 47 , 520 . 00 9. BALANCE TO FI~ISH. INCWDING RETAINAGE 86 , 949 . 00 (Line 3 Ies:'- LillC: Ul $ . -..--- _._- ~NGE OR[)[m SlJMMAK'r' :\[)DITlONS DED-;"lcnO~s -_.__._~ - ---- II c\t:mgc-o; :1pprrl\o"ed in 'jnll!i Inomh~ by Owner - - II :l'~l~~m'e.j ~!!.!.3 v!..o..!.l.~n 101,\1.-') ---" Cfl:\:W,ES hy (lunge Orc.er \ ~. RETAIN AGE: ;1. ~,,~;, of COlJ\?1::led 'X'\:Jrk ('~nltlllll's () \. J-: ',)11 tnfl3) h ~ % of Storl"d M;lt.~ri..1 (Column I: (In (;7<)3) 'lill:.1 Rc.~lin:lge (Lint" 5:1 - 5b nr 'lbl..1 in Column ( or (,;(13) . . . . ' ..... ....~. 6, TOTAL EARNED LESS RETAINAGE.. .........6 (Line '1 less Linr ~ 'li)l:Jrl ) -I . ) CH, ',ht: P(C~ Tl)t; NET llle 1I0lIersigne-:t Omu:lclo( ('crlj(k~ IIl::1 \() lhe hest of Ihe COIltI:J('I(.r'lIl;lll1wkdg'?, in ror- . ,.... I \ " , ,. '\ . ~ '\ . ~ . Illatloll :u:d bdi~f Ihe \\brk c.~C)."crctl h}' llii.'> AppllcaU<:fJ ror J>;J~lIIcur.l~,ls h..en ....l}lllplt:tcd ill :\t'Cllfll:Ult:C wilh the Conlract Donlmcnl.'i, Ih~11 all tllIIllUlIlS h:JYC b<:cl\ pJld h~' Ih.: Con1r;l('\(I( l()r \'("or~; ror which prc:'viou,o; Ccni!'ic:th:s thr l':J}'n1l'IH W(,,(C' is.iUc:lI and P;I)' men::; fc:L:d....ed from Ih..: Owner, :11\,-1 th:J\ nHrc:nl p;~~"f~':~1 .Sl,le\}'~l h,~rt.'in is III-'W dlle:. L):Ite: _~2_:-:}2=-~_~_.___ By: ie Cicb, Slale (.; Minnesota Count~' 01': St. Louis SubscriL1cd and s\".'o[l: to bdort.~ .,..,~_ n'C tlll< 2 7 ""t.. .),. b 1p ,<.~.~ ,. '., .... :... Octo er, 1 9 ,p~;"'l>/~ 1 ,,~W.p c\ -. . ~~:;;''' NOlary l'UbJjcq~ ~ ~ty C..OllUlli;;siou expires: 7 - 25 - 9 4 RANI DOUVILLE N01AR'{ PUBlIG-MINNESOT^ 5T LOUIS COUNTY MY COMMISSION EXPIRES 7-2!)-94 ARCHITECT'S CERTIFICATE FOR PAYMENT Ir,:Jccordance, w:.lh (he CI)nU~lc: Documents, ba5cd on on-site obser'r'Jlions :lOd ;.he lIata compri,>illg ~hi3 appllt.."3tiorl, th~ Architect CCrlifics (() lhe OW:lcr Ihar 10 lhe hesl Ill' the A~d":i(ecl'5 knowledge, information ;Jnd ht:hef lilt: \i;-brk t.:lS pmgrcsscd :IS indkalt'd, the q'mlil~ of the WlJrl< is in ~('ccmJ~lIlce wilh t':lC Cnnlr:l:CI D(jc:um~IlIS, :lntlth::- G:mlral:hir l.~ ent:th:u If) f1:l)'mc:1H elf (he AMOUNT CI;lrnrJ]:[). AMOUNT CERTIFIED. , . . , . . , , , . , ' . , , . . . . . . . . , . , . , . . $_4.1+51..0. Q.Q.. {At!llCb f?..olmmlion if f/1/lOwl! cm1~fii!d differs from ;be omotmt er{ll/lied F": 11i/(juf a{l ftl:Utt>s 011 (bis AI-'Plic..1ri(J1! (mil Oil fbI.' Got,limW!lOlI Sbl'et. tbar (Ill! d'l1l13('{1 (0 couform /0 (be amo:mt ,e."lifiild.) I\RCHlT CT: By: I)::(e:~. Th~s Ce jfjc;lIt: is nol negoliable, The ....MOUNT C[RTII~:ED is paya':lle only K~ lhe: COil' tr.lclor named herein. 15su:mce, p:l~'mCIJI :lOd :acceplam:e of (3)'ment af\.". without preludice to 31l)' rights of the Owner or (:on:lilctor under this. <:cJllLract. G702-1992 " ~ AlA DOCUMENT G702 . ...M'J.Ic;.nn.l." .\:"1) C..RfII'Ic'\l'E rOH I'.\\,.\IENT . t~~)J f()r..'ION . .4,1.0\5 . ~:')',Yl · 7l1E .\,'l-1ERIC...." INl'o'lI1'l:TE OF .\F:CIf.'rEU-l-. P.~'i NE'~ 'oUltK }~"E}LE, .",Wo. ~"''i:-JI'lmn:\, nc. 201llK:-Sl!ll . "lII.RlttNG: Unlicensed pho\ocopylng lIiolalies U.S. c:opyrfghlla\s and wlll subject th~ lItolalar 10 legsl proHCUtion. - . ."... - CAUTIOr~: VOJ should usa an original /JJA document whIch has this cllulion printed In red. An origInal assures that changes will nol be obscured as mav occur when documents are reproduced. CONTINUATION SHEET '" ..\.q nnrF"11"l\~T(-:-;O{)" .". ...'1"... ..' .i 1,-"1 - -~.J' AlA Doctlmel1l (1702, 1'.PPI.lCATIO~ AND CHHTIFICATE fOR PAYMENT, nmlainillg Ccmtr..ctor's sgm:t1 CCHifka,iol1, is att:Jdlcd In laouJ:lliollS helm','. ~ltnOLlllts arc :iL'l[cd (u Ih~~:1e<lH:sl doll~r. 115C Column i Oil C(lI'tr:lcL<; where \':lri:lbh: rC!aill;lge f::)f (Joe items IIl:l}' appl!,. APPI.lCATIO~ NO.: I AJ'I'LlCATION DATE: I D .- 2.., -,~ '} PHU()l) TO: lO' 2..'1 - 'i'~ AIKEITECT'S !'ROJECT NO.: A-STILL3 320.00 ! 1:4 - -._..-- -----.,.-- .. ---,. -.- -" -1 [~ ,- ._---- .n .-. ,\ n C D 1l F If H i f-_. '. ---- 0.._.....-- '- ---- --. -~_._- ! WORK CO/M'LI. I"ti;J MAn: tU.... LS ';UI~\l. -"---. l'fo:r.S~-::\TI.Y COMPI.En:n g,\ 1.'\~Kf. [(ElAI'f,o\(~E ITEM SCllhD[il.lm '$\, TO r-;o, Ill'scall"J I()~~ OJI W'OHI<. \~[.L'I:: 1'110 r.t (>K':::V 10 u.:; S'rOf:l:1l AI'D STORED (G -;. C) l'I."mill (lP 1/.\ IUA ilL!:) A l' P 1.I c..\'[I () N 'n liS P[~JlIOJ) ('WTIN 1'0 11.0\1'E It'lTE) iD + [~:I [) OR I'l I.D~ I!.~F) {t: - G) ...- ._"'_h_ -- ~._--- ._-------- - ~_. -.-.- , 1 Mobilization 5000.00 0 5000.00 0 5000.00 100 0 500.00 2 Fencing 2500.00 , 0 2500.00 0 2500.00 100 0 250.00 L -- ----- --- ."- .---- . 3 Sewer Water Cuts 3000.00 , 0 3000.00 0 3000.00 100 0 300.00 & 4 Interior Stripping 15000.00 0 15000.00 0 15000.00 100 0 1500.00 5 UST Removal 6000.00 0 6000.00 0 6000.00 100 0 600.00 : 6 Tunnel Demolition and plugging 6000.00 0 3600.00 0 3600.00 60 2400.00 360.00 , 7 Bond 4700.00 0 4700.00 0 4700.00 100 0 470.00 8 Demolition (Buildinc )65000.00 0 13000.00 0 13000.00 20 52000.00 1300.00 9 Backfill 27269.00 0 0 0 0 0 27269.00 0 I I , : . ----- -. ._- --. .- - 134469.00 0 52.. 'Ceo 0 ~2.. cc.c 0 8ib~1 !]L'no AlA OOCUIIIEr-lr G703 . CO~T1'iu..ll0r; slIm..--:- FOR G-;<OJ;! . 19'J.~ f.lJln()~1 . .0\1.\7' . ~1<'J',l.! . '[}IE AMEJ:lC.\.'i IKsnn:TE or :.J:t.ltrrr.Gl>. I"I~:. NEW YORK .WENl E. N.';';'.. \l,:.\SIlI....Gl'(l~, :)(: l':x.'::(J.5,9'';; . WARNING: Unlicensed photocopying viara\es U.s.. copy1f;bt (ao~ and lInll suiljecl the vioratDr 10 legal j:lflMleC(Jtloo. 0703-1992 .- -.. .. - CAUTION: You should use an 0 rig Inal AlA docu menl \vhic;h ha s lhis cau lfon printed In red. An 0 rig Insl assures that changes Viill not be ob:}CUred as ma IJ occur when documenls are reproduce d. e e e e e e 11/12/93 14:33 FAX SEH ST. PAUL -Hot STILLWATER 141 002/002 ~SeJ 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER. Sr. PAUL, MN 55110 612490-ZOOO 800 325.2055 ARCMITIECTuRE ENGINeeRING ENVIRONMENTAL TRANSPORT A nON November 12, 1993 RE: Stillwater, Minnesota Southeast Area Sanitary Sewer L.I, #~ .;Lys SEH No. A-STILL3033.00 Honorable Mayor and City Council City of Stillwater 216 North 4th Street Stillwater, :MN 55082 Dear Council Members: The City received bids on Monday, November 8 for the above referenced project. Seven bids were received ranging from $1,368,932.30 to $2,537,539,52, The low bidder was S,M. Hentges and Sons, Inc. of Shakopee, Minnesota. The engineer's estimate was $1,430,195.00. Since we are using State-aid funds for a portion of this project, there is a requirement for the contractor to meet for Targeted Group Businesses (TGB), A requirement of State-Aid is that the contractor subn:dt a list of the TGB businesses that will be participating in the project and the percent of participation before an award can be made by the City, We have transmitted all the required information to the contractor, and he is in the process of responding to Mn/DOT Equal Employment Opportunities (EEO) office at this time, Therefore, the City cannot make an award to the contractor until the Mn/DOT regulations have been complied with. According to the contract, the City does have 60 days to make the award 50 time is not of the essence at this point. We will keep the Council informed on the project, and we will place the award of the project on the Council agenda once the Mn/DOT paperwork has been completed. If you have any questions, please do not hesitate to contact me, Sincerely, I Richard E- Moore, P.E. City Engineer tlo e e e .. LEGISLATIVE ASSOCIATES, INC. MINNESOTA OFFICE: P,O. Box 2131 StUlwater, MN 55082 (612) 439-7681 Fax (612) 430-9561 WASHINGTON OFFICE: 7920 Towerbell Court Annandale.VA 22003 703) 560-7129 Fax (703) 560-4632 November 16, 1993 To: Mayor and Council Members City of Still~O . From: Ed Cain, LA~ Subject: Report on South Hill Sewer Project Funding In response to direction from the Mayor and Council, I have looked into outside funding to ameliorate the costs of the Southeast Sewer Project to the citizens living in that area. The information presented in this report involved the following procedures: 1. Examination of documents including: * "Report on Utilities and Street Improvements: The City of Stillwater, MN, SEH Engineering, February 23, 1970; * "Needs Assessment for Community Development," SEH Engineering, Jan. 10, 1989; * "Feasibility Study: Southeast Area Sanitary Sewer, Water main, Drainage, and Streets," SEH Engineering, May 18, 1993, * "The Community Development Applications Manual," State of Minnesota, "Small Cities Development Program," and the "Public Facilities Authority," and other Federal and State publications; * Minnesota Statutes Chapter 429, pages 579-642, as amended. 2, Meetings and discussions with the Governor's Office, key Legislators, State and Federal officials, City Engineer Dick Moore, and others. 3. Meetings and discussions with home owners from the Southeast Area. Based on information received from these sources, the following findings and recommendations are submitted to the Council for your consideration, Page 2 - LAI Report; SE Sewer Project. e The Problem: The Mayor and City Council is very much aware of the problems facing the City and the residents. The sewer projects for both the North and South Hill areas have been delayed for years because of the costs involved in extending the sewer system, as a result of the topography of the area. The problem is exacerbated further by the diversity of home values served with the sewer system expansion, and the socioeconomic differences within the area. Hook-up costs, and assessments will be constant irrespective of the value of the homes served by the system. The removal of septic systems after construction and hook-up will be another significant cost to the residents. Secondly, the growth of the City has created additional demands on the storm sewer system. Blacktopping of areas, new home construction, and commercial growth has caused excessive run-off through the natural ravines and gullies, resulting in serious erosion in certain areas of the City. This condition has demanded immediate action. e Thirdly, the Mayor and Council should be commended for moving aggressively on the repair and improvement of the City's infrastructure, and the construction of the levee wall system, both of which had reached the critical stage. The Council had little choice but to move forward on the reconstruction of the infrastructure of downtown Stillwater, and even less of choice in responding to the deterioration of the levee wall system. Even with $2.6 million in Federal and State assistance on the levee, and tax increment financing of the downtown repairs, there will still be some costs to the citizens. The North and South Hill sewer projects, the Myrtle Street storm sewer construction, and new road construction all require bonding and assessments that will increase the pressures on the City budget and the taxpayers. It is vital that the Council structure these projects in such a way to maximize the opportunity for receiving Federal and State assistance for the City and the citizens wherever and whenever possible. Funding Availability: There are funding programs which can assist both the City, and the area residents, by reducing the costs of this project. While some sources are competitive grants, others are available by structuring the proposals in such a way that they meet the criteria established in the rules and regulations for the programs. The success in acquiring funds will depend on: e 1. How the projects are structured; - Page 3 - LAI Report: SE Sewer Project 2. e 3. 4. 5. 6. 7. How the projects are presented to the funding agencies; The demonstrated financial needs of the City and the citizens; The health, safety, and environmental concerns of the project; The relationships established with the decision-makers in the agencies; The timing of the applications in accordance with the availability of funds; The sequence of actions by the City in moving the project forward; 8. The commitment of the City to the acquisition of funds; Recommendations: Currently, three necessary projects are on the drawing boards for the City, The sanitary sewer projects on the North and South Hills, and the storm sewer project required to abate the erosion in the Myrtle Street area, Funding for all of these projects should be approached simultaneously. They support each other. e 1, No action should be taken by the Council regarding the awarding of bids until all funding options have been fully examined. 2. No action should be taken by the Council regarding the financing of these projects until all funding options have been fully examined, 3. The Southeast and North Hill sewer projects should be divided into phases for bidding purposes to provide the best possible ratio of low and moderate income families. (This will require some engineering work to assure that the project division makes sense from the technical standpoint.) 4. A house-to-house survey is needed to assure that all LMI households are included. 3. Funding for the sewer projects, and any other projects planned, should be incorporated into a single application at the outset. This will provide more funding options for the City, strengthen the need factor, and. increase the opportunities for receiving assistance. 4. A basic proposal document must be prepared. 5. Follow up of the meetings with the State and Federal officials contacted in this feasibility report. e .., e tit e ;1 Page 4 - LAI Report; SE Sewer Project. 6. Frequent reporting to the Council to allow the projects to move forward as quickly as possible, and providing the Council with information to enable them to make sound decisions. 7. Legislative action is another option available in the 1994 session, however, it is imperative that all program sources be exhausted before a legislative effort is undertaken. To bring a good case before the State Legislature, it has to be "case of last resort." Summary: If directed by the Council, I will approach the project from a multiple grant funding process. That is, I will be working for funds that will lower the tax assessment, and possible assist in hook-up costs for the residents, and funds that reduce the City's share of the project costs. Since the City's cost in the project is shared by all taxpayers, many households will benefit. Different funding sources, have different time frames, and procedures for application. Consequently, this will permit the Council to make future decisions based on the results of the efforts. Time is extremely important. If the decision is delayed to seek funds, certain funding options will not be available. I will be available to respond to any questions you may have. Brian/Esther Langseth 51. E, l5urJington St. Stillwater, MN 55082 August 9, 1993 e stillwater city Council 216 North 4th street stillwater, Minnesota 55082 RE: Proposed Southeast Sanitary Sewer Project No. L.I. 285 Southeastern Region of the City of stillwater Dear Mayor Hooley and City Council Members: This letter is to advise you that I oppose the continuation of the southeastern sewer project for the following reasons: 1. All avenues of funding have not been examined. I have been advised that the following funds are available for this project: A. Community Development Block Grants B. PCA Grant if pollution is a problem as the city says it is. C. state appropriation to defray part of the cost. e 2. As far as the pollution issue is concerned, the Pollution Control Agency (PCA) has indicated that it is not mandating this project and do not anticipate this type of mandate in the future. Many people in this area have had septic problems over the past five years, but the problems have been resolved by installing new systems. 3. The process by which this project has been adopted has not been an up-front, and factual process. A. At the first so called informational meeting held on January 26, 1993, the city did not have accurate, up-to-date financial facts and figures to present to the home owners. The information presented at the meeting was from 1977. In addition, when questions were raised about additional costs, the planners and engineers could only guess at what costs would be. They did not do any research or have accurate figures on what additional costs were involved (i.e., hook-up charges, costs of removing or taking care of existing systems, etc.). Due to the lack of up-to-date information, the home owners present at the January 26th meeting voted to have a new feasibility study prepared to get accurate figures. with accurate figures, we could make an well informed decision on whether or not this was a project to vote in favor of. The home owners did not indicate at said meeting that they were in favor of the project, only in favor of the feasibility study. e B. At the second meeting held on June 22, 1993, we were told several times during the meeting that it was an informational meeting to bring us up-to-day and to provide the homeowners stillwater City Council August 9, 1993 Page 2 e with the resu1'ts of the feasibility study. We are were also told that the purpose of the meeting was to listen to our concerns and hat the city Council would base its decision upon what the ,majority of the people wanted. The impression I got from thel meeting, however, was that is was a "Done Deal" before it ever started. The meeting was just a formality. Even though a good number of home owners indicated that they were not in favor of the project because of the cost, the City Council still! voted to have the construction plans drawn. There were onl two people that got up to talk, that indicated they were in avor of the project. Everyone else indicated that they eit er had reservations about the total cost of the project or we e against the project all together. A couple of imes people inquired whether or not the city could send ou a simple post card ballot to get an idea of how many people were actually in favor of paying between $10,000.00 an $15,000.00 per house for this project. The idea was turn d down. In addition, when the Mayor asked for a show of ha ds on how many people were in favor of the project there were only a few hands raised, and then the question was ever posed as to how many people were against ... the proj ect. ., c. Three of represent our favor of this out of their the four council members do not live in or area. It is pretty easy for them to vote in ind of expenditure when the money is not coming ocket. In closing, I think it s unbelievable that the City of Stillwater has not vigorously gone af er funding to help the average home owner in paying for this projec. The City did not check into any available funding when this matte was brought up this spring, and has not done so for 3 to 5 years. A ot can change in 3 to 5 years. I have been advised that funding is~available and that this type of project would qualify for such fundin. I believe it is reasonable and fair to ask the City to explore, ap ly for, and try to obtain any and all funding that is available to help with the cost of this project. Let's not rely on the research that war done a number of years ago, let's check now. I also think that the mlnner in which is project has been presented and passed on is appalling. It is amazing that the coaxing of a few people can push this kind of project through with total disregard for the financial hardship it ~s going to cause for the majority of the home owners in this neighborfOOd. It is evident to me that the City Council is not representing the ajority of the people, but rather the minority. Sincerely, ~ ~ CHANGE ORDER e 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, Sf PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION City of Stillwater November 9, 1993 OWNER DATE L.I.293 3 OWNER'S PROJECf NO. CHANGE ORDER NO, Highlands of Stillwater 4th Addition STILL3253 PROlEC\' DESCRImON SEH FILE NO. The following changes shall be made to the contract documents Description: Revise constract amount by providing street name and stop signs. Purpose of Change Order: Provide street name and stop signs. LS $1,116.36 A Basis of cost ~ctual .., Attachments (list supporting documents) []Estimated CONTRACT STATUS Time Cost $301,214.65 $16,181.18 $1,116.36 $318,512.19 Original Contract Net Change Prior Change this C.O. 1 and 2 Revised Contract Recommended for Approval SHORT-ELLIOTT-HENDRICKSON, INC, 'LJ- c- pj- Barry C. Peters, P. E. Agreed to by Contractor: Volk Sewer and Water \', r v '- (/-. . , f\..' t..," '.' ......;) . 1)... i...k. By "-"J-=> .") ." - ~ ' .~ -' ,-- I', 'C." 'C / lJ I' ~,.' ( Approved for Owner: City of Stillwater By l1TI.E By e Distribution Contractor 2 Owner I Project Representative I SEH Office 1 SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD. MN CHIPPEWA FALLS, WI MADISON, WI e APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) ~ NO. 5 e e OWNER: STillWATER, MINNESOTA OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. L.I. 293 93253 lOCATION: STillWATER, MINNESOTA CONTRACTOR CONTR. FOR APPLlC, DATE PERIOD END. VOlK SEWER AND WATER 8909 BASS CREEK COURT BROOKLYN PARK, MINNESOTA 55428 HIGHLANDS 4TH ADD, CONTRACT DATE CONTRACT AMOUNT $301,214.65 Iv 0 V E ""f I';; r P. ~, lC]tj? ^/n'v;:'/,-/ Y.J.-K " -~, v,.", I.L.-J t: , I ~- ; Q- ", .,. C', j i \- j APPLICATION FOR PAYMENT DESCRIPTION CONTRACT QUANT. UNIT QUANT, TO DATE UNIT PRICE TOT Al STREETS - HIGHLANDS OF STillWATER 4th ADD. 10 2,650.00 $ 2. G: 5 O. Or) 2 MOBILIZATION lS I TOPSOil BORROW (lV) C,Y. 260 y/,o SUBGRADE PREPARATION RD.STA 17,2 /'7, 2'. AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 2665 2&04 TYPE 41 WEARING COURSE TON 695 {.- ?;(). '2 ':5 TYPE 31 BINDER COURSE TON 695 I" '7 5 BIT. MATERIAL FOR TACK GAL 315 j'1"'j 6" CONCRETE WALK S.F. 8225 r, I i5 0418 CONC. CURB & GUTTER L.F, 3680 .3'375 SODDING, TYPE EROSION CONTROL S,Y. 1800 /500 BALE CHECKS EACH 20 3 7.50 $ '1'20.0'1 190.00 $ _2 (r }Ii. '}') 3 4 6.50 $ I ({, q '~. (t ' on 5 22.25 $ J 5 ; I .3 ~j . 5 lr 20.75 $ i4,'()O{.r'Z~, 6 1.25 $ ''2/9.,. 7 '5 7 8 1.65 $ i 3. ;:; B (j 7 j 9 4.60 $ J I); 525 0 C) 1.75 $ ?, Ie 'Z ~). 00 3.50 $ 10, S'rJ 11 TOTAL STREET CONSTRUCTION $ '0i~ , 'i '1 'i . ?, j SANITARY SEWER - HIGHLANDS OF STILLWATER 4th ADD. PAGE 1 OF 6 SHORT ELLIOTT HENDRICKSON, INC. APPLICATION FOR PAYMENT Total Contract Amount , Total Amount Earned Material Suitably Stored ~n Site, Not Incorporated into Work I Contract Change Order No, ) % Complete ; 00 -'1 (l $ ,) rr.'7 /i, t:"('. ,J,~ {.,. ,J, ' C.1', e $301,214,65 $ $ 2,~~sg, /9- $ 7. {" 2 '(: ' 0,'--; Contract Change Order ~o, Contract Change Order ~o. 2 % Complete /00-1" :) % Complete 1')').'/0 $ J , I I (. , ? (0, Gross Amount Due.............................................................. $ ?'/'Lr -/ 5") . Y. Z I" Less (.. % Retainage.........,.......................................... $ '. /'- <.l F; () t;. (J 1 '-__^ I.J. ~__ I,. Amou'nt Due to Date............................................................ $l--:rr9-- <c5?;, 74) Less Previous Applications....~............................................. $ i2.'f:::"1 , q 1 (.' , lc:. Amount Due This Application.............................................. $ \?J,\\"y,'Z _ I i , ' CONTRACTOR'S AFFIDAVIT J The undersigned Contractor hereby swe rs under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performe under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the un~ersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment re free and clear of all liens. claims, security interests and encumbrances. ,V; V-'-- Dated 1//3/9,'" VOLK SEWER AND WATER e (Contractor) By: ~o- '--j--S. Ll.r o----{1, ? R [.~~ J DE tv T (Name and Title) County of ~ e.Y'\, State of t^' 1'-1 Before me on this 'Y \-1- day of tlev ,19 "f '3 personally appearedVe~""" I" v'o\k known to me, who being duly sworn, did depose and say that he is the !)y'" eo";); Ju--.l- of the Contractor above mentioned; that he executed the bove Application for Payment and Affidavit on beh,alf of said Contractor; and that all of the s~at~ments ~ontained therein a e true, correct and comPletetz1. (?' 1/ #'--1 My Commission Expires ~/'---- \ (Notary Public) The undersigned has checked the contr~ctor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all pray ous payments to him under Ihls Contract have been appllad by him to dlscharga in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the un1erSigned approves payment to the Contractor of the Amount Due, . SHORT R-UOTTHENn'CKSON, INC. Oale ~ Cu If( ,C;ifs I By. -Lsd (. ~I I SHORT ELLIOTT HENDRICKSON, INC, . PAGE 6 OF 6 r illwater ~ - - ~ --- /\. THE BIRTHPLACE OF MINNESOTA J e TO: FROM: DATE: MEMORANDUM MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTO~ NOVEMBER 12, 1993 SUBJECT: FINAL PLAT APPROVAL FOR HIGHLANDS OF STILLWATER FIFTH ADDITION. The request is for final plat approval for the 45 lot Highlands Fifth Addition. Grading for the 5th and final 6th Addition will be completed as -part of 5th Addition Subdivision improvements. The final plat is consistent with the preliminary plat. The subdivision and public improvement plans have been reviewed by the City Engineer. Comments from the City Engineer are attached and made a condition of final plat approval. e RECOMMENDATION: Approval. CONDITIONS OF APPROVAL: 1. An addendum to the Development Agreement shall be executed for the 5th Addition before the final plat recording. 2. All comments from the Ci ty Engi neer shall be addressed in the final plat. 3. No grading along Lily Lake or in the fill area to the east, shall be done before Community Development Director approval. ATTACHMENT: - Plan - SEH letter dated November 1, 1993. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e AWSaJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTA nON November 1, 1993 RE: Stillwater, Minnesota Planning Case Review Highlands of Stillwater, 5th Addition Grading and Plat Review , SUB /93-60 & GP /93-2 SEH FILE NO. A-STILL2280.00 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Steve: e As requested, we have reviewed the Final Plat for Highlands of Stillwater, Fifth Addition and the Grading and Erosion Control Plan for Highlands Fifth and Sixth Additions. The final plat for Highlands Fifth Addition consists of 45 lots. This varies from original development plans due to the addition of 15 lots from the future Sixth Addition. These 15 lots appear to have been included in the Fifth Addition to allow for the construction of the storm sewer improvements on Surrey Lane. Four areas within the plat require larger side and backyard easements due to utility construction. Three of the areas: (1) between lots 16 and 17 of Block 2 (sanitary sewer); (2) along the back lot lines of Lots 2, 3, 14,15 and 16 of Block 3 (storm sewer) and (3) between Lots 4 and 5 of Block 4 (storm sewer) are shown. The grading and drain plan includes storm sewer construction along the back lots of Lots 3 and 4, Block 4, which will require 10 foot utility easements. The plat indicates 6' easements. The Grading and Erosion Control Plan are generally consistent with the overall Development Grading Plan previously reviewed. Minor revisions in the location of high or low points and building elevations have been made. The plan shows the location of erosion control (silt) fences. e SHORT ELLIOTT HENDRICKSON INC MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI Mr. Steve Russell October 29, 1993 Page 2 Those locations will prevent silt from running onto adjacent properties provided that the fences are maintained. The estimatedi costs for the erosion control, including silt fence, seeding mulch and disc anchoring, is $13,500.1 If you have any further questi~ns, please contact me. I I I I I Sincerely, {3 ~C ~ .fJJ- Barry C. Peters, P.E. BCP:kam Enclosure e e e e e e ..0 . FORM OF P~TITI0N fOR LOCAL IMPROVEMENT (If 100% of OWNERSHIP PETITION) .., Stillwater. Minne!ota \a-'1J:) , 19 q~ To the City Council of Stillwater. Minnesota: We, .11 owners of real property abutting on \S.......'>-""- ~CN\~L Street, batwe<!" (i.e. northt south, etc.) line of ~....J.. C)^\~~~~~ Street and the . } line of Street hereby "- pet1tion that sucJt stre~t~improved Lby _.Q.,\:-\ -:...........-.. ~onstructioo of street, s~n1tary sewer, storm sewer, wat~rma1n, ~tc. pursuant tD Minn~s'ot} Statutes. Chapter 429. . p.a::s I' Ii DE&:IPTIOII Of PROPERTY ,\ . ='~ ~ ~~h ~\~\~'\~\v..1- l} 1!GNATURE (f' OWNER \. ~~~~~<. ~ '--~ ,'- - Examined. checked and found to be 1n Qroper form and to be signed by the required number of owners of property affected by the making Qf the improvement pet1tfoned for. O}lte 1 City Clerk e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 93-216 e Ace Hardware Action Rental Ameridata A T & T A T & T Biff's, Inc. Bd. Water Commissioners Bryan Rock Products Buberl Landscaping Catco Century Power Equipment Croixland Excavating Deblon, Diane Duro - Test Firstar Stillwater Bank Gordon Iron & Metal G & K Services Images of Past & Present Insight Mapping & Demographics 1. C. M. A. Intoximeters, Inc. J & D Enterprises Junker Sanitation Service Kriesel, Nile Lakes Gas Company Lakeview Memorial Hospital Magnuson, David Metropolitan Waste Control Commission Midwest Machinery MII Life, Inc. Mn. Department of Revenue Mn. State Fire Department Assn. Mn. Correctional Facility N. E. Metro Technical College Oak Park Heights, City of One Hour Express Photo Russell, Stephen St. Croix Animal Shelter St. Croix Bicycle & Skate St. Croix Car Wash St. Croix Office Supplies St. Croix Rexall Drug St. Joseph's Equipment Seal-Methods Equipment Short Elliott Hendrickson Short Elliott Hendrickson Snyder Drug #75 Southam Business Communications Stafford, R. H. Washington County Treasurer e Supplies Cement Parts Lease/Rental Leased Equipment Portable Rental Special Deffered Assessmt. Crushed Rock Topsoil/Sod Repair Cylinder Filter/Chain Saw Blades Storm Sewer Work Reimburse-Expenses Bulbs Oak Glen Note Tank Oxygen Uniform Rental Film/Processing GIS Base Map Development Books Repair Alco-Sensor Payment No. 1 Garbage Bags Sold Reimburse-Expenses Gas-Tar Kettle 2 Blood Draw Legal Services $ Sewer Service Charge Banded Drive Belt Term Life Insurance Sales & Use Tax 1994 Dues Forms/Questionnaire Class-Russell/Terwedo County Recycling Grant Film Processing Reimburse-Computer Equip. October Fees Bicycle Squads Washed Office Supplies 3 Rolls Film Equipment Parts Spray Pump Assy. Engineering Engineering Film/Batteries Publica tion Property Listings 63.78 57.51 336.41 165.84 54.37 19.30 762.67 261.82 64.96 454.56 43.59 675.00 292.10 132.07 13,406.28 17.04 837.99 80.60 3,500.00 85.75 244.95 47,520.00 156.25 196.91 52.00 80.00 4,881.16 70,195.00 47.75 1,068.39 268.00 200.00 419.39 170.00 14,490.00 51.76 482.37 265.06 753.78 51.12 703.90 12.62 698.04 248.60 57,264.64 6,035.59 51. 46 209.79 45.00 Stender, Jeffrey Stillwater Ford Stillwater Gazette T. A. Schifsky & Sons Thomas R. Zahn & Asso~iates Valley Auto Supply Volk Sewer & Water Watson, Dennis White Bear Dodge Yocum Oil Company Zeos International [ ! I I Ltd. I American Linen Supply! Ameridata ~ A T & T Carlson Equipment Com any Coordinated Business ystems Croix Oil Company ! DAC Industries [ Del's Outdoor Equipme~t Earl F. Andersen & As~ociates Fenendael, Julian i Gagnon Printing I Goodin Company i Goodyear Auto Service [ Gopher State one-call'l G. F. O. A. Greeder Electric ! Ground Development, Ipc. Hadfield, John Interstate Diesel I , [ Mn. Bluepr~nt ! Mn. Cellular One ~i Mn. Dept. Public Safe y Mn. Dept. Public Safe y Northern Slates Power Company N. W. Tire & Battery I Shoemaker, Andrew I Stafford, R. H. washipgton County Treasurer I Star Tribune Stillwater Gazette I Stillwater Towing , U. S. West Communicat'ons Valley Trophy Center Van Paper Company Warning Lites Ziegler, Inc. ADDENDUM TO BILLS Adopted by the counci~ Reimburse-Hats Auto Parts publications Asphalt Reuse Study-Prison Auto Parts Payment No.5, #293 Programming Gear Shift Assy. Fuel Oil Computer Towel Service Customer Training Long Distance Calls Repair Works Mte. Agreement Diesel/Gas Case Cleaner Cycle Oil Signs Interview Engineer Business Cards-Kimble Pipe Tires Locate Requests Subsc. Service Fee Repairs Overpayment Assessments Interview Engineer Starter Motor Assy. Section Maps Mobile Phones Registration Fee-Klosowsky CJDN Connect Charges Energy Charges Repairs Trapping Beavers Soils Map Data Help Wanted Ad Publication-Ad Tow Car Telephone Service Plaque-Elks Paper Towels Flashers Equipment Parts this 16th day of November, 1993. 72.76 129.80 300.02 299.33 500.00 979.86 13,682.11 495.00 II. 58 49.58 3,895.54 e 27.70 150.00 40.10 13.23 219.81 2,652.28 49.82 33.02 202.49 450.00 37.71 697.79 461.00 54.00 35.00 670.00 4,424.28 675.00 197.62 179.67 21.84 120.00 390.00 350.15 76.27 750.00 e 106.50 306.00 36.00 37.28 1,783.93 50.04 269.45 76.62 483.60 e '" 'Horak, rnc. 226 Third ~ve. So. Bayport, Mn. 55003 MetrO utilitieS, rnc. 3025 Ea~bo~ Ln. ~22' Plymouth. Mn. 55441 - e MEMO ~ 'November 1.6, 1.993 cont~actO~'s Licenses Moving & ~recking Buildings Ezcavator.s RenevJal RenevJal e e e ". ~~ Food-n-Fuel 1101 North Owens Street Brook's Superette 2289 Croixwood Blvd Tom Thumb Store 2601 Orleans Street Country Kitchen 2082 South Greeley Street The Brunswick Inn Duane and Martha Hubbs 114 East Chestnut Street 1994 Off Sale Beer Licenses 1994 On Sale Beer Licenses 1994 Wine Licenses Ann Bean House Bed and Breakfast Bruce and Victoria Brillhart 319 West Pine Street The Elephant Walk Rite Joe Graybill 801 West Pine Street Charles Dougherty The Rivertown Inn 306 West Olive Street Country Kitchen 2082 South Greeley Street The Brunswick Inn Duane and Martha Hubbs 114 East Chestnut Street William Sauntry Mansion Duane and Martha Hubbs 626 North Fourth Street American Legion Post 103 South Third Street Stillwater Country Club 1421 North Fourth Street 1994 Club Licenses Renewal Renewal Renewal Renewal Renewal Renewal Renewall Transfer Renewal Renewal Renewal Renewal Renewal Renewal Vittorio's 402 South Main Street P.O. Box 437 : I R & R Liquor I 1971 South Greeley Street. 1994 t Sale and Sunday Liquor Licenses Vittorio's 402 South NWdn Street P.O. Box 437 Mad Capper Saloon 224 South~ Street Stillwater River Inn dba Pappy's on the River P.O. Box 463 Dock Cafe 225 East Nelson 1994 Cigarette Licenses Nelson's Dairy 902 W Olive Street Tom Thumb 2501 West Orleans Street Vittorio's 402 South Main Street P.O. Box 437 Fina 1750 South Greeley I CUB Foods I 2001 Washington Ave Northi : I Fina 103 North Main -..-~ ... Renewal It Renewal Renewal Renewal Renewal Renewal Renewal e Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal e e e e w- Mad Capper Saloon 224 South Main Street Renewal Erickson Post 2500 West Orleans Renewal Stillwater River Inn dba Pappy's on the River 422 East Mulberry Street Renewal Hooley's 405 East Myrtle Street Renewal e Central St. Croix Valley Conununity Access Corporation Valley Access Channels MEETING NOTICE The Valley Access Channels Board of Directors will hold its regular bi- monthly meeting on lll0iVDAl~ iVol'embe,. 22. 1993 at 7:00 p,m. at the Corporation office, located in the Greenbriar OfIice Building, 14791 60th Street North, Suite #4, Stillwater, Minnesota. AGENDA e CALL TO ORDER ROLL CALL AGENDA APPROVAL PUBLIC COIVU\1ENT ~IINUTES APPROVAL - Minutes of regular meeting, September 27, 1993. ITEl\l I Presidents's Report ITEM 1I Corporation Business ITEl\l III Committee Rep0l1s and Recommendations A. Executive B. Community Outreach C. Studio & Equipment D. Policy & Planning E. Finance Community Access Center RepOlt Executive Director's Rep0l1 Announcements ITF:l\-l 1 V ITEM V ITEM VI UNFINISIII~D DUSINI~SS NEW BUSINESS AFFIRl\'1 NEXT MEETING DATE ADJOURNMENT KlVI\V: 11/12/93 e '" ~':j;:: ",:;,w . (j " ~~' il CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS C(H{[SSI{)N e COMMISSION MEETING OF OCTOBER 20, 1993 MINUl'ES UNAPPROVED CALL TO ORDER Chairperson Ann Bod1ovick called the regular meeting of the Joint Cable Commission to order at 7:43 p.m. in Bayport City Hall, 294 Third Street North, Bayport, Minnesota. ROLL CALL PRESENT: Commissioners Ann Bodlovick, Jer,ry Sanford, Sharon gidgway and Gary Talbot ABSENT: Commissioners Larry Hering and Jack Doerr; and Alternates Dean Kern, Mary Kreimer-Adrian and Doug Beedle. ALSO PRESENT: Ralph Ives, Karen Wandmacher, Don Aderman, Marilyn Richert, and David Magnuson (7~58 p.m.). AGENDA APPROVAL MOTION by Talbot, seconded by Ridgway, to approve the agenda as presented. All in favor. Bodlovick commented that many items on the agenda needed company response, and without company representation the Commission would be unable to progress on these SUbjects. e MINUl'ES APPROVAL MOTION by Talbot, seconded by Sanford, to approve the minutes of the August 18, 1994, meeting as presented; and, the minutes of the September 22, 1993, meeting with the following change: P3, pp6, line 2 - Insert "High" between the words Junior and School. All in favor. PUBLIC ~ - None. OLD BUSINESS STILLWATER SENIOR HIGH SCHOOL - Ralph Ives, representing Stillwater Senior High SchOOl, said he and Ken Pedersen had met with Charlie Foukes and Marty Welch to discuss hooking up cable to the new school. Ives said the school would at least like to have the capability for the staff to use cable. He will contact Foukes. CHARACTER GENERATION EQUIPMENT - Richert reported that the equipment was inaccessible again this morning, but that techs had the system back in operation within a few hours. The technician reported that a piece of equipment at the headend had frozen up, causing the problem. EQUIPMENT NEEDS - ON HOLD until November Commission meeting. CABLE RATE REGULATION - MOTION by Talbot, seconded by Sanford, to FURTHER AMEND ReSOlution No. 93-8-16, authorizing the Commission's chairperson to submit necessary forms to the FCC seeking certification to regulate the rates charged by cable operators within the Commiss~on's franchise area for basic cable service. All in favor. Certification forms were mailed to the Federal Communications Commission, who received them on October 6, 1993. King Videocable Company was notified at the same time. Magnuson informed Bod10vick and Richert that it would not be necessary to amend the existing franchise ordinance, regarding the adoption of regulations consistent e ... Joint Cable Commission Minutes 10-20-93 ~.~ e with the FCC's, because 1ang~age in the existing franchise ordinance is sufficient and in some sections more restrictive than the FCC's. Richert urged Commissioqers to read the Multichannel News articles pertinent to positions being taken by var~"ous municipalities regarding the new rate regulation. Richert quoted from one arti 1e the words of Acting Chairman of the FCC, James Quello, who stated that desp_~te voluntary rate adjustment, local authorities still must review basic rates, on jhich rollbacks may be ordered if systems did not set rates correctly. Expanded ~sic rates are also subject to scrutiny by the FCC, who has the power to order rol1~cks. After initial rates are set, they are capped, a point that has eluded most cqnsumers according to Edward Markey, Chairman of the House Telecommunications sua'omnUttee . Richert stated that the Valley Access Group is in the process of choosin an auditor to do a cost analysis of the company's benchmark rate and has invit d the Central Valley COmnUssion to participate on a cost-sharing basis according Ito subscriber count. Bodlovick stated the Commission does not have the funds to dd so at this time. CHANNEL 12 EQUIPMENT - n Fixmer submitted a letter dated October 13, 1993, to the Commission, requestin allocations for government access equipment in the fiscal year 1994 budget of: ) $950.00 if the Cities of Stillwater and Oak Park Heights and the School Board purchase their own wall-mounted cameras; or 2) $1,840.00 for equipment to make his se ond camera remote-controlled if the cities and the School Board do not purchase ithe wall-mounted cameras. In addition he requested an additional $100.00 allocatio . for a "carry-all" box to hold Access Corporation equipment when it is needed for a double shoot. Fixmer also requested that the _ Commission consider a salary increase for fiscal year 1994. Bodlovick said all of ~ these requests would be incl ded in budget deliberation. PERIODIC REVIEW AND AlUATION - At the September Commission meeting a motion was passed to enlist the se vices of an independent consultant to perform the analysis of the system. A I tter to this effect was mailed to Foukes on September 29th but no response has bee received to date. Consultant Anita Benda tech estimated a cost of $3,000.00 to $5,000.00 to do the performance eva1uatio Bodlovick said she does not consider the number of complaints from the communit to be excessive and feels that the company has built the system they were to provide. She recommended the formation of a committee to select items of discussion f r an agenda. She said Stech pointed out that the same types of information wi 1 have to be extracted at the time of franchise renewal, w'hich should commence as soo as next year. The committee will consist of Talbot, Bodlovick and Hering. I David Magnuson arrived ,t 7:58 p.m. STILLWATER SENIOR HIGH ~~ (continued) - Magnuson said he will review the language in the Offering and ,call Ralph Ives. AUDIT - Talbot reporte~1 that he had negotiated the price of the audit down from $2800.00 to $2,400.00 with M ladrey & Pullen. He said that based on information recei ved from the administra.' i ve secretary, regarding her previous investigation of available CPA's in the area, land in order to keep the business in the Stillwater area, he would support using that firm. MOTION by Ridgway, seconded by Talbot, to employ the services of McGla rey & Pullen to do an external audit of the Commission'S records. All in favor. Tal t said he would follow through on this matter. e e e e .. I Joint Cable Commission Meeting 10-17-93 Page Three CABLE COMPANY REPORT - No cable company representative was present. SUBSCRIBER ACTIVITY REPORT/SEPTEMBER 1993 - was reviewed by the Commission. A new format is being used as a result of the changes that too]c place on September 1, 1993, when the 1992 Cable Act went into effect. RETRANSMISSION CONSENT - ON HOLD until November 1993 Commission meeting. COMMUNITY ACCESS CORPORATION REPORT - Wandmacher reported that the Corporation is working on a grant proposal; and, is also working with MAP. She said the Policy and Planning Committee will be meeting on Friday. COMMISSION'S FINANCIAL REPORTS/AUGUST AND SEPTEMBER 1993 - were reviewed by the Commission. IT 1994 BtJIX3ET COMMITTEE MEETING - A committee consisting of Doerr, Bodlovick, Talbot and Richert will meet to formulate a budget for fiscal year 1994. The date of the meeting will be arranged at a later time. Richert will call Foukes for an estimated figure on which to base revenues for the year. CONSENT AGENDA - MOTION by Talbot, seconded by Ridgway, to approve the Consent Agenda, consisting of Resolution No. 93-10-18 Payment of Bills and Transfer of Funds; Fixmer's September hours; and the August 1993 Subscriber Activity Report. All in favor. CORRESPONDENCE/ANNOUNCEMENTS - Not addressed. PUBLIC COMMENT - None. AFFIRM NEXT MEETING DATE - November 17, 1993, at 7;30 p.m. in Stillwater City Hall, if available. . ADJOURNMENT - MOTION by Talbot, seconded by Sanford, to adjourn the meeting. All in favor. The meeting adjourned at 8:15 p.m. Respectfully submdtted, Larry Hering Secretary/Treasurer MGR :mr 10-22-93 " .. e e 4 e e e CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082 MEETING NOTICE The Joint Cable Commission will evaluate cable company performance at a review session on Wednesday, November 17, 1993, at 7:00 p.m. in Oak Park Heights City Hall, 14168 North 57th Street, Oak Park Heights, Minnesota. The regular monthly meeting will commence following the session. AGE N D A (Tentative) CALL TO ORDER ROLL CALL AGENDA APPROVAL MINUTES APPROVAL: October 20, 1993 PUBLIC COMMENT OLD BUSINESS 1. Stillwater Senior High School A. Magnuson letter 2. Equipment Purchases A. Drew letter B. Resolution No. 93-11-18 3. Replacement Equipment A. Cable company report 4. Retransmission Consent A. Foukes letter B. Public access channels (Richert letter) NEW BUSINESS 1. Cable Company Report - Subscriber Activity Report/Oct 1993 2. 3rd Quarter Franchise Fees and Report 3. 3rd Quarter Community Programming Support Report 4. Programming Changes A. Foukes letter 10/25/93 B. Foukes letter 11/5/93 5. Request for Spanish Channel 6. Complaints A. 93-10-11 B. 93-11-12 7. Rate Regulation A. Extension of CATV Rate Freeze 8. FCC Certification A. Letter to Foukes 11/8/93 9. Community Access Corporation Report 10. Commission's Financial Reports: October 1993 11. Proposed Budget for Fiscal Year 1994 CONSENT AGENDA 1. Resolution No. 93-11-19 Payment of Bills/Transfer of Funds A. Fixmer Ho~rs - October 1993 CORRESPONDENCE/ANNOUNCEMENTS OTHER BUSINESS PUBLIC COMMENT AFFIRM NEXT MEETING DATE ADJOURNMENT mgr 11-12-93 '"' ~"'~'0,,:':' \ .;;, '\ ~;' e Terry Zoller 615 So. Broadway Stillwater, Minn. 55082 November 10, 1993 stillwater City Council Stillwater City Hall 216 N 4th Street Stillwater, Minnesota 55082 Dear city Council; e Last week the headlines to the November 3 edition of the Stillwater Gazette was "Hiring decisions dominate council meeting". I thought this article was rather interesting and only lately did I realize how the standards of the city seem to change with time (1 month, maybe). My understanding is that there are 4 or 5 departments in the city of Stillwater. They are POlice, Fire, Parks << Recreation, Public Works and Administration. If my memory serves me correctly the new head of the Parks & Recreation was appointed from within, by the City council, as was the Police Chief and just a couple weeks ago you appointed a new Fire Chief, from within. According to the newspaper article the Mayor suggested that the City hire a senior account clerk and a secretary based on a similar process that is being used to hire a City Engineer. Based on your past record, I assume, it's a process because their was no assistant city Engineer who is registered and there probability is no assistant account clerk or secretary, or at least one that you want in the position. I love the part where the Mayor says he has no expertise to hire an account clerk and a secretary, so we must assume he is an expert in the area of Fire, POlice, and Parks & Recreation. Than Councilman Kimble says the City should use the screening process for Department heads. Councilman Kimble, are the new Fire chief, Police chief, and the head of the Park & Recreation, are these individuals departments heads? Councilmen cummings says "nepotism is always a danger in a small town". What the difference between "nepotism" and the danger of "favoritism"? ~ I also read in the same article that the City hired the Personnel , I director from Cub Foods as the "screener", for the new Engineering position. Isn't there a conflict of interest here ~ somewhere? ' I'm not suggesting t~t the Fire Chief, Police Chief or head of the Parks and Recrea~ion are not qualified, but it seem ironic that the Council WOUI~ appoint these individuals from within yet, spend our tax dOllar~ for a "screener" for a secretary.. I agree with Council~oman Bodlovick concerns over spending money in this fassion. but 9isagree with her and the Mayor when he says "the department head~'s job is to supervise personnel, not to hire.." If the depart1ent heads hired they're employees, rather than the council tel ing them who to take, it might make their jobs as supervisors ,asier and subsequently a better department. I believe the counci~ should hire department heads, and pick the most qualified perso from a open and competitive list of individuals. Than th departments heads should hire their employees using the ame procedures. The council should stick to setting city policy, hire professionals to run the departments 4It and let these indivi uals do what they are paid for, to run the day to day operation "stop the Micro Management". With respect to the department head, the goose is good for th iring of a secretary verses the hiring of a e is an old saying, "What's good for the gander". Do it right and be fair. ~'GOdfOr t~:7fr IJ~~ Terry Zoller e press e