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HomeMy WebLinkAbout2006 [11] Nov 16 {Book 39} CITY Of ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council November 16, 2006 7:00 PM 1. Call to Order Administfdtor Judy ,*eyrens 2. Approve Agenda 3. Consent Agenda a. Minutes - Requested Action: Approve the minutes of November 2 and 9, 2006. b. Bills Payable - Requested Action: Approve check numbers 038032 - 038124. c. Final Plat Extension -=- Requested Action: Accept the request to extend the execution date for the final plat for Crescent Hills from October 23, 2006 to November 30, ~~ . d. Gambling Application - Requested Action: Accept the Lawful Gambling Application for the Church of St. Joseph for an event to be held at the Church of St. Joseph on July 3, 2007. lv1dYor R.ichdrd Cdrlbom Councilors AI R.dssier R.oss R.ieke R.enee Symdnietz 4. Delle Wick Public Comments to the Agenda 5. 7:00 SRF North Corridor Update 6. Mayor Reports 7. Council Reports 8. Administrator Reports a. Ordinance Updates b. Refunding Resolution 9. Adjourn St. Joseph City Council November 16, 2006 Immediately following the regular scheduled Council Meeting 1. . Call to order 2. Closed meeting to discuss Union Contracts 3. Adjourn 2.) College Avenue North' PO Box 66s' Sdint. loseph, lv1innesotd )6174 Phone 12.0.0;60; 72.01 FdX 0;2.0.-:;610-142. ST. JOSEPH CITY COUNCIL NOVEMBER 16,2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME l. ~ tf2ht 2.~SU 3. IJ~ J/~~ :. 1fij:~~~(};J;( ADDRESS Z!f . . --. ( !We.. I/,e, MJ(J~If-. J tl 5 - 21/ d2 /!nJ "e ~ sJ-L-dv~~~ rd~-~ CS8-~--------~-'-"- <;A13 I~ ~ t4ve- t;1;:; November 2, 2006 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 2, 2006 at 7:00 PM in theSt. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola Others Present: Jeremy Robb, Michael Johnston, Corey Erickson, Mike Deutz Approve Aaenda: Symanietz made a motion to approve the agenda with the following addition: Add 10c. Future meetings The motion was seconded by Wick and passed unanimously. Consent Aaenda: Wick made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 037977-038031. b. Minutes - Approve minutes of October 5, 11, 18 and 19, 2006. c. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the 2006 8th Avenue NE Improvement project and authorize payment to C & L Excavating in the amount of $68,222.30. d. Application for Payment - Authorize the Mayor to execute Pay Application #2 for the 2006 Trunk Water Main Improvements and authorize payment to Randy Kramer Excavating in the amount of $204,359.15. e. Application for Payment - Authorize the Mayor to execute Pay Application #1 (Final) for the 2006 Seal Coat Improvements and authorize payment to Astech Corporation in the amount of $41,076.00. f. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the Centennial Park Pavilion and authorize payment to W. Gohman Construction in the amount of $6,949.00. g. Application for Payment - Authorize the Mayor to execute Pay Application #5 for the 2006 Street Improvement Project and authorize payment to C & L Excavating in the amount of $147,497.33. h. Application for Payment - Authorize the Mayor to execute Pay Application #14 (Final) for the 2003 Liberty Pointe Improvements and authorize payment to R.L. Larson Excavating Inc. in the amount of $60,286.41. i. Application for Payment - Authorize the Mayor to execute Pay Application #8 for the Water Treatment Plant and authorize payment to John T. Jones in the amount of $492,738.19. The motion was seconded by Symanietz and passed unanimously. Public Comments to the Aaenda: - No one present wished to speak. Noise Violation - Dale Schneider. 413 Colleae Avenue N: Weyrens advised the Council that on October 12,2006, the Police responded to a noise compliant at 413 College Avenue N. The property owner has been notified of the alleged noise violation and has been given the opportunity to contest the allegation. The property, Dale Schneider, has not contacted the City, thereby waiving his rights to an evidentiary hearing. Wick made a motion acknowledging that a Noise Violation did occur on October 12, 2006 at 413 College Avenue North. The motion was seconded by Symanietz and passed unanimously. November 2, 2006 Page 2 of4 Weyrens stated that while reviewing the property for past noise violations, 412 was cited in the 2003-2004 license year for a similar noise violation. At that time the Council imposed a $ 250.00 fine. The City policy allows the Council to consider past violations if they are within three years. Weyrens also clarified that while the Incident Complaint Form (ICR) before them for the current violation states that the Officer gave the tenants a warning, that did not refer to the landlord. The Police Officers have the discretion of citing each tenant with an administrative noise violation. The action against the landlord is a separate action. Wick made a motion to assess the property owner of 412 College Avenue North an administrative fine of $150 for the noise violation that occurred on October 12, 2006. The motion was seconded by Symanietz and passed unanimously. Noise Violation - Mike Deutz. 24 Birch Street E: Weyrens stated that the Police Department responded to a noise violation at 24 Birch Street East on October 14, 2006. The property owner has been notified of the alleged noise violation and has not requested an evidentiary hearing. Wick made a motion acknowledging that a Noise Violation did occur on October 14,2006 at 24 Birch Street East. The motion was seconded by Symanietz and passed unanimously. Mike Deutz approached the Council as the property owner of the house at 24 Birch Street E. He shared his concerns regarding some rental policies that were addressed many years ago. Deutz stated that he was of the understanding that the landlords are to be called when a violation occurs. He stated he did not receive a call until the following Monday. In these types of situations, it would be nice if the situations were recorded as the Police Department has the necessary equipment. It would be easier for the property owner to know exactly what happened since they are generally not present when violations occur. Deutz stated that the tenants living at 24 Birch Street East meet the neighbors at the beginning of the school year. He is unsure why the neighbors didn't simply ask them to turn the music down, as the tenants were unaware that it was too loud. Deutz stated that in an attempt to better understand the events of October 14, 2006, he and the tenants met with Police Chief Jansky. Wick questioned the tenants as to why they did not allow the officers to enter the house. One tenant responded that there were some minors inside and they were trying to protect their friends. They then realized that they were better off to allow the police to enter. Jansky advised the Council that the Police Department will not give warnings for noise violations and landlords will be called in the future. However, that if the officers are busy, the landlords will not be called until the officer is available. Jansky stated that the Officers have been advised to turn on the video equipment when arriving at a noise complaint. He cautioned the Council that the equipment may not be accurate enough to establish the level of the noise violation. It should however, be a tool to indicate that the alleged noise was heard beyond the property line. Rieke questioned whether or not the standard fines currently in place are adequate enough to cover the administrative costs for these types of violations. Weyrens replied that she feels that it should be increased to anywhere between $200 and $225. Since the Council has a noise violation before them at this time, it would be advisable to wait until the next Council meeting to establish the minimum fee. Wick made a motion to assess the property owner of 24 Birch Street East an administrative fine of $150 for the noise violation that occurred on October 14, 2006. The motion was seconded by Rieke and passed unanimously. Based on some prior comments by Deutz, Rieke stated that many years ago, the Core Committee worked with the landlords and a common attorney to put together a common lease for all of the rental properties. Wick questioned whether or not the City holds a meeting with the various landlords to discuss rental issues. According to Weyrens, the City tried that in the past and it was unsuccessful. Wick added that the City should make another attempt to meet with the landlords, as there were four noise violations so far November 2, 2006 . Page 3 of 4 this license period. Rieke stated that it is a good idea for the students to go and meet with their neighbors. Rieke also advised the tenants present that on the evening of October 14, 2006 a greater violation occurred then the noise violation and that is serving alcohol to minors. He suggested they consider the ramifications of continuing such a practice. POLICE CHIEF REPORTS ICP Conference: Jansky reported that he attended the fCP Conference in Boston as part of his duties as President of the Minnesota Chiefs of Police Association. He stated that it was an excellent conference and he learned a lot. He attended classes on Sunday, Monday and Tuesday. They heard from the Director of Homeland Security, Attorney General, Director of the FBI and the Safety Director from Israel. Jansky stated that he spoke to numerous other Police Chiefs with similar City issues. He added that he was able to view lots of new equipment and technology as well. NoiseViolations: According to Jansky, there have been a large number of noise violations this year. He suggested that in the future, the landlords must attend a landlord meeting in order to get a rental license for the following year. Based on a previous request, Jansky stated that the officers would begin using the cameras in their squad cars as well as their microphones. FTO Trainina: Jansky reported that Officer Tiffany should have his FTO Training complete by the end of the month. MAYOR REPORTS Coalition of Greater Minnesota Cities: Carlbom reported that he attended the CGMC Candidate Forum on October 24th along with Council Member Wick. Mavor's Luncheon: Carlbom stated that the Mayor's Luncheon was held on October 25th at which they discussed the recent noise issues. Sorinasted: Carlbom advised the Council that he and Council Member Rassier met with the unions and the union stewards to discuss the recent study that was completed by Springsted. COUNCIL REPORTS SYMANIETZ St. Cloud Area Joint Plannina Board: Symanietz advised the Council that she attended the St. Cloud Area Joint Planning Board as an alternate for Mayor Carlbom. She stated that they discussed the expansion of the St. Cloud Waste Water Treatment Plant. Lifecvcle Housina Board: Symanietz reported that she also represented Mayor Carlbom at the Lifecycle Housing Board meeting. They discussed the lack of availability of Lifecycle Housing as well as the various programs for Lifecycle Housing. APO: Symanietz stated that she attended the APO meeting on October 26 at which they discussed transportation issues as well as the amendment to the 2006-2007 working plan. WICK APO: Wick advised the Council that the Full Board meetings for November and December have been cancelled due to the Holidays. RIEKE - No report. November 2,.2006 Page 4 of 4 ADMINISTRATOR REPORTS Ordinance Updates: The Planning Commission and City Council have been working on amendments to various Ordinances. A Public Hearing will be held for all Zoning Ordinance Amendments. The following Ordinance Amendments are recommended for approval by the Staff and/or Planning Commission at this time. · Ordinance 32.03 · Ordinance 104 · Ordinance 112 Limiting Activities in Public Easements Nuisance Ordinance Regarding the Licensing and Regulation of Animals Ordinance Regulating Exterior Solid Fuel-Fired Heating Devices Ordinance 32.03, Public Easments: Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2006-0037, adopting the amendment to Ordinance 32.03- Limiting Activities in Public Easements and authorizing the summary publication to be published. The motion was seconded by Wick and passed unanimously. Ordinance 104, Animal License: Carlbom questioned what changes were made to Ordinance 104 - Regarding the Licensing and Regulation of Animals. To which Weyrens stated that the proposed amendment is a result of a recent dog incident that involved a dangerous dog. The City Attorney has prepared the amendment so that it is consistent with the State Statute. Wick made a motion totable the execution of Resolution 2006-0038 for the adoption of Ordinance 104 until the next meeting. The motion was seconded by Symanietz and passed unanimously. Ordinance 112, Fuel Devices: Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2006-0039, adopting Ordinance 112 - Regulating Exterior Solid Fuel-Fired Heating Devices and authorizing the summary publication to be published. The motion was seconded by Rieke. Discussion: Wick stated his concern for the requirement that such devices be at least 75 feet from any property line, as this would eliminate most lots within the City. Weyrens stated that the distance is not the most important part of the Ordinance. The purpose of the Ordinance is to limit those items being used for fueling homes and to eliminate obnoxious items from being burned. She stated that if the City had an Ordinance, the MPCA would have enforcement authority. There was some question as to the appropriate distance for the Ordinance. Wick suggested that this be reviewed and brought back for approval. Wick made a motion to table the execution of Resolution 2006-0039 for the adoption of Ordinance 112 until the next meeting. The motion was seconded by Rieke and passed unanimously. (A motion to table supersedes all other motions.) Transportation Update: Weyrens advised the Council that she attended the S1. Joseph Township meeting at which she asked for money to help with the funding of the corridor studies currently in progress. She requested $20-25,000. Future MeetinQs: Weyrens reminded the Council of the following Council meetings: November 21,2006, 5:00 PM Budget Review; November 30, 2006, 7:00 PM Truth and Taxation. Elections: Weyrens reminded the Council that November 7,2006 is the General Election. As a result, the office will have limited staff hours. Adiourn: Wick made a motion to adjourn at 7:45 PM; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator DRAFT November 9, 2006 Page 1 of1 Pursuant to due caB and notice thereof, the City Council for the City of St. Joseph met in special session on Thursday, November 8, 2006 at 5:00 PM at the St. Joseph City Hall. . Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Renee Symanietz, DaleWick. Administrator Judy Weyrens. Canvass Election: Carlbom stated that purpose of the special meeting is to canvass the St. Joseph Election results.as complied by the Election Judges on November 7,2006. Weyrens presented the Council with the following canvassing report: MAYOR Richard Carlbom 144 664 403 1211 Renee Symanietz 57 330 170 557 Robert (Bob) Loso 75 331 134 540 Write - in 4 2 1 7 Over votes 0 1 2 3 Under votes 15 6 258 340 COUNCIL Herman J. Gangl 41 192 54 287 Thomas Gustafson 57 220 105 382 Edward (AI) Nowacheck 29 173 34 236 Karl Terhaar 27 119 66 212 Dale Wick 75 531 178 784 Steve Frank 136 522 243 901 Ross Rieke 81 402 80 563 Write - in 9 24 8 41 Over vote 0 0 0 0 Under vote 135 607 1168 1910 Rassier made a motion to accept the Election Results for the November 7, 2006 declaring Richard Carlbom as Mayor elect and Dale Wick and Steve Frank as Councilors elect. The motion was seconded by Symanietz and passed unanimously. Other Matters: Weyrens reported that the process has been started to hire two maintenance workers. Pending AFSCME approval, the positions will have a work schedule comprising of Wednesday through Sunday, 7:00 AM to 3:30 PM. Adiourn: Symanietz made a motion to adjourn at 5:10 PM; seconded by Rassier and passed unanimously by those present. Judy Weyrens Administrator City of St.Joseph Bills Payable November 14, 2006 Page 1 Check # Search Name Commel)ts Amount FUND DEPART OBJ 038032 VERIZON WIRELESS cell phone-November $44.76 105 42250 321 038033 MINNESOTA RURAL WATER ASSOC. D Taufen Conf 11/21/06 $75.00 601 49440 331 038033 MINNESOTA RURAL WATER ASSOC. M Sworski Conf 11/21/06 $75.00 601 49440 331 038034 MILLS FLEET FARM supplies $27.50 101 45202 210 038035 NAHAN, TOM video tapes $11.30 101 41950 210 038036 FIRST STATE BANK-CUSTOMER NSF Charge-B Kappes $3.00 601 49440 310 038036 FIRST STATE BANK-CUSTOMER Payroll ACH charges $20.00 101 41530 200 038036 FIRST STATE BANK-CUSTOMER John T Jones ACH charge $2.00 101 41530 200 038037 EFTPS Medicare Reg pp 23, Con 11' $1,026.56 101 038037 EFTPS Reg pp 23, Con 11 $3,107.63 101 038037 EFTP8 88 Reg pp 23, Con 11 $2,657.92 101 038038 COMMISSIONER OF REVENUE Reg pp 23, Con 11 $1,394.97 101 038039 ING LIFE INS & ANNUITY COMPANY deferred comp pay-Nov Pp 23 $225.00 101 038040 PERA retirement pay-Reg 23 $4,788.84 101 038040 PERA retirement pay- Con 11 $253.50 101 038041 LAW ENFORCEMENT LABOR dues $222.00 101 038042 AFSCME COUNCIL 65 dues-November $346.00 101 038043 BEUNING, ROGER 24hrs 2006 Elections $216.00 101 41410 300 038044 DAMBOWY, ROSELLA 33.5hrs 2006 Elections $301.50 101 41410 300 038045 DEUHS,DEEDRA 19.5hrs 2006 Elections $175.50 101 41410 300 038046 ElFERING,'BILl 32.25hrs 2006 Elections $290.25 101 4141.0 300 038047 GAPKO, LEONA 31.75hrs 2006 Elections $285.75 101 41410 300 038048 GILLlTZER, ADELINE 15hrs 2006 Elections $135.00 101 41410 300 038049 HAZEN, STEPHANIE 32hrs 2006 Elections $288.00 101 41410 300 038050 JOHNSON, DORIS 32hrs 2006 Elections $288.00 101 41410 300 038051 LANSING, BETTY 33.5hrs 2006 Elections $301.50 101 41410 300 038052 LESNICK, MARGE 30.5hrs 2006 Elections $274.50 101 41410 300 038053 MCDONALD,MARY 31.75hrs 2006 Elections $285.75 101 41410 300 038054 MCDONALD, MIKE 33.5hrs 2006 Elections $301.50 101 41410 300 038055 MEHR, MICHELLE 31.75hrs 2006 Elections $285.75 101 41410 300 038056 MEYER, ROMAN 16hrs 2006 Elections $144.00 101 41410 300 038057 MUSKE, SHELLY 31.75hrs 2006 Elections $285.75 101 41410 300 038058 PFANNENSTEIN, JAN 30.5hrs 2006 Elections $274.50 101 41410 300 038059 PRZYBILLA, MARIE 15hrs 2006 Elections $135.00 101 41410 300 038060 REBER, JANE 33.5hrs 2006 Elections $301.50 101 41410 300 038061 REISCHl, ESTHER 17.5hrs 2006 Elections $157.50 101 41410 300 038062 SADlO,DOROTHY 10hrs 2006 Elections $90.00 101 41410 300 038063 SCHERER, ANN L 30.5hrs 2006 Elections $274.50 101 41410 300 038064 SCHLOEMER, BARB 31.75hrs 2006 Elections $285.75 101 41410 300 038065 SCHNEIDER, GLADYS 33.5hrs 2006 Elections $301.50 101 41410 300 038066 SCHNEIDER, JO ANN 23.25hrs 2006 Elections $209.25 101 41410 300 038067 SCHUH, JOHN 30.50hrs 2006 Elections $274.50 101 41410 300 038068 TAUFEN, ROSIE 25.5hrs 2006 Elections $229.50 101 41410 300 038069 TRINKLlEN, CAROLINE 17.25hrs 2006 Elections $155.25 101 41410 300 038070 CASEY'S GENERAL STORE overbilled water 7/01/06 - 8/31/06 $3,200.00 601 00000 038070 CASEY'S GENERAL STORE overbilled sales tax water 7/01/06 - 8/31/06 $224.56 601 00000 038071 A-1 TOILET RENTAL Northland Park-rental $63.90 205 45203 531 038071 A-1 TOILET RENTAL Memorial Park-rental $63.90 205 45203 531 038072 ACCLAIM BENEFITS administration $3.70 603 43230 137 038072 ACCLAIM BENEFITS administration $3.70 602 49490 137 038072 ACCLAIM BENEFITS administration $14.81 601 49440 137 038072 ACCLAIM BENEFITS administration $11.11 101 45202 137 038072 ACCLAIM BENEFITS administration $33.35 101 42120 137 038072 ACCLAIM BENEFITS administration $22.22 101 41430 137 038072 ACCLAIM BENEFITS administration $11.11 101 41530 137 038073 ALLIED WASTE SERVICES October usage $68.90 602 49490 384 038073 ALLIED WASTE SERVICES October usage $68.90 105 42220 384 038073 ALLIED WASTE SERVICES October uS.age $14,871.54 603 43230 384 . 038073 ALLIED WASTE SERVICES October usage $302.90 101 45202 384 City of St. Joseph Bills Payable November 14, 2006 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 038073 ALLIED WASTE SERVICES Overbilled Aug-Oct -$218.16 101 45202 384 038074 ASTECH CORPORATION 2006 Seal Coat Improvements $41,076.00 490 43120 530 038075 BLUE CROSS BLUE SHIELD MN Medical Ins-Dec $13,868.50 101 038075 BLUE CROSS BLUE SHIELD MN Medical Ins-Dec Gustin $231.00 101 038076 C & L EXCAVATING 8th Ave Pay App 1 $68,222.30 440 43120 530 038077 C & L EXCAVATING, INC 2006 Str Improve-#5 $147,497.33 438 43120 530 038078 CAMERA TRADER photo processing $11.67 101 42120 210 038079 CASEY'S GENERAL STORE safety training 10/03/06 $3.64 601 49440 212 038079 CASEY'S GENERAL STORE safety training 10/03/06 $3.65 101 43120 212 038079 CASEY'S GENERAL STORE safety training 10/03/06 $3.64 602 49490 212 038079 CASEY'S GENERAL STORE safety training 10/03/06 $11.12 101 45202 220 038079 CASEY'S GENERAL STORE correct posting 10/16/06 -$7.48 101 45202 210 038080 CENTRAL MCGOWAN medical oxygen $39.62 105 42270 210 038081 CITY OF ST. CLOUD sewer rental charges-October $12,192.24 602 49480 419 038082 COLD SPRING VETERINARY CLINIC kennel fees-October $149.10 101 42700 300 038083 . EMERGENCY APPARATUS MAl NT. INCrepairs to Aerial #2 $226.68 105 42260 220 038083 EMERGENCY APPARATUS MAINT. INCpump test Aerial #2 $574.82 105 42260 220 038083 EMERGENCY APPARATUS MAINT. INCpump test Engine #1 $599.79 105 42260 220 038084 FINKEN INC bottle water $48.00 105 42220 210 038085 NORTHLAND TRUST SERVICES INC 2006 Cert Indebtness-Interest $7,300.00 337 41430 611 038086 FLEXIBLE PIPE TOOL COMPANY concave saw blade & swing jaw $165.50 602 49450 210 038087 INSPECTRON INC building inspection services-October $7,900.00 101 42401 300 038088 JM GRAYSTONE OIL CO., INC October Fuel $202.32 601 49440 210 038088 JM GRA YSTONE OIL CO., INC October Fuel $202.31 101 43120 210 038088 JM GRA YSTONE OIL CO., INC Postage $17.39 602 49490 322 038088 JM GRAYSTONE OIL CO., INC October Fuel $202.31 101 45202 210 038088 JM GRA YSTONE OIL CO., INC October Fuel $263.40 105 42220 210 038088 JM GRAYSTONE OIL CO., INC October Fuel $202.32 602 49490 210 038089 JOHN T JONES Water Treatment Plant Pay App 8 $492,738.19 434 49440 530 038090 KEEPRS, INC/CY'S UNIFORMS P Jansky-3 Trooper Shirts $159.59 101 42120 171 038090 KEEPRS, INC/CY'S UNIFORMS J Klein-LED Light, Light Holder -$339.63 101 42120 171 038090 KEEPRS, INC/CY'S .UNIFORMS J Tiffany-vest $929.95 101 42120 171 038090 KEEPRS, INC/CY'S UNIFORMS P Jansky-collar brass bars $72.21 101 42120 171 038090 KEEPRS, INC/CY'S UNIFORMS P Janssen-Cargo pants 2 $167.90 101 42120 171 038090 KEEPRS, INC/CY'S UNIFORMS B Meyer-Full T-neck $43.28 101 42120 171 038090 KEEPRS, INC/CY'S UNIFORMS J Klein-LED Light, Light holder, 2 cargo pants $525.53 101 42120 171 038091 LEAGUE OF MN CITIES 2006 Cities Bulletin-R Taufen $70.00 601 49440 433 038091 LEAGUE OF MN CITIES membership dues $4,467.00 101 41110 433 038091 LEAGUE OF MN CITIES 2006 Cities Bulletin-J Marthaler $70.00 602 49490 433 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium -$434.00 105 42210 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $74.00 101 42120 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $65.00 101 42120 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium -$1,340.00 101 43120 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $192.00 101 41430 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $207.00 101 41430 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium -$25.00 101 45123 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $137.00 101 41950 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $43.00 101 41110 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium -$3.00 150 46500 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $91.00 601 49440 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $103.00 602 49450 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium -$3.00 101 41120 151 038092 LEAGUE OF MN CITIES INS TRUST 2005-06 Actual WC Premium $995.00 101 45202 151 038093 LEEF BROS October & Sept clothing $152.59 601 49440 171 038093 LEEF BROS floor mats-October $124.54 101 41430 220 038093 LEEF BROS floor mats-October $51.02 101 42120 220 038093 LEEF BROS October clothing $76.28 101 45202 171 038093 LEEF BROS October clothing $76.28 101 43120 171 038094 LEE'S ACE HARDWARE supplies $25.99 601 49440 220 City of St. Joseph Bills Payable November 14,2006 Page 3 Check # Search Name Comments Amount FUND DEPART OBJ 038094 LEE'S ACE HARDWARE supplies $17.11 101 41950 230 038094 LEE'S ACE HARDWARE supplies $6.84 105 42250 230 038094 LEE'S ACE HARDWARE supplies $32.32 101 43120 220 038094 LEE'S ACE HARDWARE supplies $6.73 101 41942 210 038094 LEE'S ACE HARDWARE supplies $4.06 602 49450 220 038095 LOSO,NATHAN 2 council mtgs, 1 update, 1vet $120.00 101 41950 103 038096 LOSO'S STORE supplies $1.75 101 42120 210 038096 LOSO'S STORE supplies $31.17 101 42120 210 038096 LOSO'S STORE supplies-Fire Week $29.43 105 42210 200 038097 MENARDS door stops $19.23 601 49440 220 0~8097 MENARDS door stops $19.23 101 45202 220 038098 METRO PLUMBING & HEATING replace leaking valve-Wobegon Center $81.46 105 42210 220 038099 MINNESOTA ELEVATOR, INC service-November $82.57 101 41942 220 038100 NORTHLAND TRUST SERVICES INC 2005C GO Improv Bond-Interest $54,250.00 335 49450 611 038100 NORTHLAND TRUST SERVICES INC 2006A GO Rev Bond-Principal $270,000.00 601 47100 600 038100 NORTHLAND TRUST SERVICES INC 2006A GO Rev Bond-Interest $68,181.25 601 47100 611 038100 NORTHLAND TRUST SERVICES INC 20050 4.5 GO Rev Bond-interest $94,571.88 601 47100 611 038100 NORTHLAND TRUST SERVICES INC 2004 GO lndebt Cert-Principal $70,000.00 432 47100 600 038100 NORTHLAND TRUST SERVICESINC 2004 GO Indebt Cert-Interest $3,178.75 432 47100 611 038100 NORTHLAND TRUST SERVICES INC 2005B GO Improv Bond-Principal $90,000.00 333 47100 600 038100 NORTHLAND TRUST SERVICES INC 20058 GO Improv Bond-Interest $31,320.00 333 47100 611 038101 OFFICE MAX powershred-2 $70.10 101 41430 200 038101 OFFICE MAX powershred-1 $35.06 101 41530 200 038101 OFFICE MAX fire pre-plan supplies $102.62 105 42210 200 038102 OFFICIAL STRIPES Stop bars Seal Coating 2006 $589.00 490 43120 530 038103 ONE CALL CONCEPTS, INC notification-October $117.38 602 49490 319 038103 ONE CALL CONCEPTS, INC notification-October $117.37 601 49440 319 038104 PILARSKI, PAUL driveway reimbursement $1,190.00 438 43120 530 038105 PRINCIPAL LIFE Dental & Life Ins-Nov $1,966.33 101 038106 R. L. LARSON EXCAVATING, INC Liberty Pointe-Final pay app 14 $60,286.41 428 43124 530 038107 RAJKOWSKI HANSMEIER L TO Police matters $991.50 101 42120 304 038107 RAJKOWSKI HANSMEIER L TO WAC/SAC fees $172.50 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO Developers agreement $25.00 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO Centennial Park $23.00 205 45203 304 038107 RAJKOWSKI HANSMEIER L TO Meetings $795.07 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO Meadowvale Issues $250.00 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO B Boyle appeal $11.50 101 42120 304 038107 RAJKOWSKI HANSMEIER L TO Deffered Assessments $62.50 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO . Northland Heights $37.50 435 49450 530 038107 RAJKOWSKI HANSMEIER L TO Erdahl/Rental $530.75 101 42120 304 038107 RAJKOWSKI HANSMEIER L TO 2006 Str Improvements $175.00 438 43120 530 038107 RAJ KOWS KI HANSMEIER L TO Lambert Deed $23.00 101 41610 304 038107 RAJKOWSKI HANSMEIER L TD Arcon Dev $487.50 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO Northland Heights $175.00 435 49450 530 038107 RAJKOWSKI HANSMEIER L TO Personnel Issues $18.75 101 41610 304 038107 RAJKOWSKI HANSMEIER L TO Ordinances $2,644.00 101 41130 304 038107 RAJ KOWS KI HANSMEIER L TO Criminal Matters $2,608.50 101 42120 304 038107 RAJKOWSKI HANSMEIER L TO St. Bens sewer $400.00 101 41610 304 . 038108 RANDY KRAMER EXCAVATING 2006 Trunk Wa Main-Pay App 2 $204,359.15 434 49440 530 038109 REBER,ED reimbursement for driveway replacement $177.12 438 43120 530 038110 REBER, JANE mileage for election judge training $5.70 101 41410 300 038111 RENGEL PRINTING medical report forms $334.21 105 42270 210 038112 ST. JOSEPH FIRE RELIEF ASSN Jaycee's donation for Fire Relief $250.00 105 42210 038112 ST. JOSEPH FIRE RELIEF ASSN Fire Relief 2003-2006 $5,000.00 105 42220 448 038113 ST. JOSEPH NEWSLEADER ordinances printed $282.00 101 41130 340 038114 STEARNS ELECTRIC ASSOCIATION 2006 Rural Dev Loan $29,154.97 321 47100 640 038115 STREICHER'S .223 cal practice ammo $183.07 101 42140 210 038116 TRAUT WELLS Water samples-Lab school, Lee's Hardware, N $76.00 601 49420 312 038116 TRAUT WELLS Water samples-Water Plant, Mtg Grounds $38.00 601 49420 312 City of St. Joseph Bills Payable November 14, 2006 Page 4 Check # Search Name Comments Amount FUND DEPART OBJ 038117 UNUM LIFE INSURANCE disability insurance-December $514.29 101 038118 US BANK 2001 Impv Bond-Interest $3,176.25 324 47100 611 038118 US BANK 2002 Cert of Indeb-Interest $1,365.00 327 47100 611 038118 US BANK 2004 GO Impv-Interest $7,567.50 323 47100 611 038118 US BANK 2004 GO Impv-Principal $115,000.00 323 47100 600 038118 US BANK 2003 Public Proj Rev-Interest $13,160.00 329 47100 611 038118 US BANK 2003 Public Proj Rev-Principal $35,000.00 329 47100 600 038118 US BANK 2003 Fire Hall Crossover-Interest $13,017.50 317 47100 611 038118 US BANK 2003 GO Bond-Principal $395,000.00 328 47100 600 038118 US BANK 2002 GO Impr-Principal $235,000.00 325 47100 600 038118 US BANK 2002 GO Impr-Interest $64,106.25 325 47100 611 038118 US BANK 2000 Public Proj Rev-Principal $55,000.00 322 47100 600 038118 US BANK 2003 Fire Hall Crossover-Principal $55,000.00 317 47100 600 038118 US BANK 2002 Cert of Indeb-Principal $65,000.00 327 47100 600 038118 US BANK 2001 Impv Bond-Principal $165,000.00 324 47100 600 038118 US BANK 2003 GO Impv Crossover-Interest $6,546.25 332 47100 611 038118 US BANK 2003 GO Impv Crossover-Principal $120,000.00 332 47100 600 038118 US BANK 2002 Water Rev-Interest $11,981.25 601 47100 611 038118 US BANK 2002 Water Rev-Principal $40,000.00 601 47100 600 038118 US BANK 1998 Improv Bond-Interest $8,097.50 319 47100 611 038118 US BANK 1998 Improv Bond-Principal $35,000.00 319 47100 600 038118 US BANK 1999 Improv Bond-Interest $22,672.51 321 47100 611 038118 US BANK 1999 Improv Bond-Principal $80,000.00 321 47100 600 038118 US BANK 2003 GO Bond-Interest $13,948.75 328 47100 611 038118 US BANK 2000 Public Proj Rev-Interest $22,975.00 322 47100 611 038119 VERIZON WIRELESS cell phone $49.17 101 41430 321 038119 VERIZON WIRELESS cell phone $38.85 601 49440 321 038119 VERIZON WIRELESS cell phone -$24.49 101 45202 321 038119 VERIZON WIRELESS cell phone -$24.48 101 43120 321 038119 VERIZON WIRELESS cell phone $188.21 101 42151 321 038119 VERIZON WIRELESS cell phone $38.85 602 49490 321 038120 W. GOHMAN CONSTRUCTION Centennial Park pay app 1 $6,949.00 205 45203 531 038121 WSB & ASSOCIATES, INC Field Street Corridor $1,866.02 435 43120 530 038123 XCEL ENERGY October usage $72.71 602 49480 383 038123 XCEL ENERGY October usage $732.30 101 41942 381 038123 XCELENERGY October usage $21.30 602 49471 383 038123 X9EL ENERGY October usage $15.31 101 43120 381 038123 XCELENERGY October usage $10.20 101 45201 381 038123 XCELENERGY October usage $17.88 101 45201 381 038123 XCELENERGY October usage $34.92 101 45201 383 038123 XCELENERGY October usage $51.93 101 43120 381 038123 XCEL ENERGY October usage $57.62 101 43120 383 038123 XCEL ENERGY October usage $299.97 101 41942 383 038123 XCELENERGY October usage $40.51 101 43120 381 038123 XCELENERGY October usage $110.28 101 41941 383 038123 XCELENERGY October usage $310.58 101 41941 381 038123 XCELENERGY October usage $29.28 101 42610 386 038123 XCELENERGY October usage $2,119.21 101 43160 386 038123 XCEL ENERGY October usage $82.12 101 45202 381 038123 XCELENERGY October usage $10.80 101 45123 381 038123 XCELENERGY October usage $34.61 101 45201 381 038123 XCELENERGY October usage $18.09 601 49410 381 038123 XCELENERGY October usage $136.69 105 42280 383 038123 XCELENERGY October usage $475.82 105 42280 381 038123 XCELENERGY October usage $95.85 602 49470 381 038123 XCELENERGY October usage $23.16 101 45123 383 038123 XCELENERGY October usage $409.51 602 49480 381 038123 XCEL ENERGY October usage $35.79 601 49410 383 038123 XCEL ENERGY October usage $38.40 101 45201 383 City of St. Joseph Bills Payable November 14,2006 Page 5 Check # Search Name Comments Amount FUND DEPART OBJ 038123 XCELENERGY October usage $18.09 601 49410 381 038123 XCELENERGY October usage $3.10 101 42500 326 038123 XCELENERGY October usage $163.67 601 49410 381 038123 XCELENERGY October usage $501.49 601 49410 381 038123 XCELENERGY October usage $362.35 601 49410 381 038123 XCELENERGY October usage $362.35 601 49420 381 038123 XCELENERGY October usage $197.44 601 49435 381 038123 XCELENERGY October usage $88.18 101 45202 381 038123 XCELENERGY October usage $173.59 101 43160 386 038123 XCELENERGY October usage $32.35 601 49410 383 038124 US BANK 2001 GO Sewer Rev-Interest $12,868.75 602 47100 611 038124 US BANK 2001 GO Sewer Rev-Principal $25,000.00 602 47100 600 $3,474,279.53 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Extension of Final Plat DATE: November 16,2006 ORIGINATING DEPARTMENT DEP ARTMENT APPROVAL AGENDA ITEM Final Plat Extension - Requested Action: Accept the request to extend the execution date for the final plat for Crescent Hills from October 23, 2007 to November 30, 2006. PREVIOUS ACTION The City Council in August approved the final plat and authorized execution of the Development Agreement for the plat entitled Crescent Hills. The Ordinance requires that final plats be recorded within 60 days of approval. While the Developer has executed the Development Agreement, the City has not. Procedurally the City executes the hard shells at the same time as the Developers Agreement. Since the Developer did not have the hard shells ready we are holding the Agreement. RECOMMENDED COUNCIL ACTION Accept the request to extend the Final Plat approval to November 30, 2006. FISCAL IMP ACT COMMENTSIRECOMMENDA TIONS When questioning the Developer representative as to the reason for the delay in execution he stated that they are having some issues with overlapping legal descriptions. They are in the process of working out the issues and hope to have it resolved by the end of the month. The Developer knows the City is committed to the development and the request before the Council is reasonable. If they would not have an issue with one property owner the plat would be underconstruction. From:SIGNATURE HOMES 13203539336 11/02/2006 17:49 #443 P.OOl/002 Minnesota Land Development Group, Inc. 101S West St. Germain St. St. Cloud~ MN 56301 October 31,2006 City ofSt. Joseph To Whom it May Concern: We are requesting an extension on the Crescent Hill Development in the city of St. Joseph. Due to legal issues, specifically property line disputes, our project time line has extended. It is our every intention to proceed forward as planned and we are requesting an extension to November 30, 2006. Thank you for your consideration. Sincerely, ",,",.,.(:::;::~~ //C'"~~~~... (,.,,/ I r \" .......f' ,.r 1ason Novak Land Acquisitions ) CHAPTER V - BUILDING, LAND USE & REGULA TlONS g) Planning Commission Consideration. The Planning Commission sha11 study the Final Plat, considering the reports of the City Administrator, Engineer, City Attorney, and other departments and/or employees and then shall transmit its recommendation to the City Council within thirty (30) days after submittal to the City Administrator. The City Administrator shall notify the applicant of the Planning Commission's recommendation within ten (l0) days of the action. .h) City Council Consideration. The City Council shall act upon the Final Plat within thirty (30) days of the Planning Commission's recommendation. The Administrator shall notify the applicant of the City Council's action within ten (10) days following the action. If the municipality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. i) Recording of Final Plat. The owner, applicant and/or subdivider-developer shall file the approved Final Plat with the County Recorder within sixty (60) days of Final Plat approval, otherwise such approval shall be considered null and void. A certified mylar copy of the plat evidencing filing of the plat with the County shall be supplied to the City within sixty (60) days after approval by the City. No building permits shall be approved for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Stearns County and conditions of the Development Agreement have been met. In addition to the above requirements, the owner shall file with the City Administrator four full sized completely executed mylar of the Final Plat, two full sized blue line copies of the Final Plat, and one reduced mylar of the lot and block layout at a size of eleven inches by seventeen inches (11" x 17"). Subd.5: Should the applicant desire to amend a Preliminary Plat as approved, an amended Preliminary Plat may be submitted. The City may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the City Council, is of such scope as to constitute a new preliminary plat. A filing fee as established by the City shall be charged for the amendment processmg. Section 54.15: PLAT DATA REQUIREMENTS. ~ubd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the following information: a) General Information. 1. Proposed name of subdivision. Names shall not duplicate or too closely resemble names of existing subdjvisions. 54- 31 I Attachment: ~ or No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: November 16,2006 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Gambling Application - Requested Action: Accept the Lawful Gambling Application for the Church of St. Joseph for an event to be held at the Church of St. Joseph on July 3, 2007. PREVIOUS ACTION " None RECOMMENDED BOARD ACTION Accept the Lawful Gambling Application for the Church of St. Joseph for an event to be held at the Church of St. Joseph on July 3, 2007. FISCAL IMPACT None COMMENTS/RECOMMENDA TIONS November 13,2006 Ms. Judy Weyrens City .of St. Joseph 25 North College Ave. St. Joseph, MN 56374 Dear Judy, Thank you for your time on the phone earlier and for helping me to get the second annual Harley Davidson Raffle permit request on this week's agenda. The Church of St. Joseph and St. Joseph Lab School would like to raffle a Harley Davidson motorcycle again this year. We are extending the time we allowed to sell tickets by moving the drawing for the raffle to the night of July 3rd. Although this drawing will be held during the 4th of July festivities, it is considered a separate fundraiser. It was a very successful for the school and the church last year. We can only hope it will be even better this time! Thank you for your time and consideration, I look forward to hearing from you. Let me know if you have any questions. Sincerely, 'lJ'L4) /TlJjl^--- Jeny Meyer Spring Spectacular/Harley Raffle Committee St. Joseph Lab. School 320-363-8777 RECEIVED NUV 1 4 2006 CITY OF ST. JOSEPH ~... Fee $50 . Page 1 of 2 For Boar Fee Paid . 06/03 Minnesota Lawful Gambling . LG220 Application for Exempt Permit Organ ization . Information dr~nization name . \../~Wv( Street (ma i 1 ing ~ Check No. Previous lawful gambling exempti~n number '736/tJ State/zip code County IVIN :t -€Q~V\$: Daytime phone number of CEO Include area code C'$~O) 3 \P"3 -1 'S."D s.:- Daytime phone number of treasurer. Include areacode (3;10) 3\.4>3 -,:so S- 'U..Jo~ address) ~ Last name r .e~..urs. D~~ Name of treasurer First name Last name .~ c.t y . (t n.\ D\'" Type of Nonprofit Organization .. S\e..~ Check the item that best describes your organization: Fraternal . ......... Religious Veteran _ Other nonprofit organization Check the item that indicat~s the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status (501 c designation) _ Certificate of Good Standing from the Minnesota Secretary of State's Office (must be current _ A charter showing you are an .affiliate of a parent nonprofit organization --/Proof pr~Yiou~ly submitted and on file with the Gambling Control Board y/ Catho11cD1rectory Gambling Premises Information Nam.e of premises where gambling activity will be conducted (for raffles, list the site where the drawing wIll take place) "~~,, . \)(~ .. ~jo . \t-.. . . . . Address (do not use PO box) City State/zip code County I ~ vJ.es..-l r\t\\\N~... s..i ~ .JOSwt \,... Date(s) of activity (for raffles, indicate the date of the drawing). J\.).\ 3 ~DO'l .. Check the item s) that indicate the type of gambling activity your organization will be conducting: _ .Bingo L Raffles (cash prizes may not exceed $12,000) 'paddlewheels "Pull-tabs . - - "Equipment for these activities must be obtained from a licensed distributor. ThisJorm will be made available in name and address will be public altemative format (i.e. large print; Braille) information when received by the Board. upon request. The information requested All the other information that you provide on this form (and any attachments) will be wiD be private data about you until the used by the Gambling Control Board Board issues your permit When the Board (Board) to determine your qualifications to issues your permit, all of the information be involved in lawful gambling activities in that you have provided to the Board in the Minnesota. You have the right to refuse to process of applying for your permitwill suppiy the information requested; however, become public. If the Board does not issue if you refuse to supply this information, the you a permit, all the information you have Board may not be able to determine your provided in the process of applying for a qualifications and, as a consequence, may permit remains private, with the exception refuse to issue you a permit. If you supply of your name and your organization's name the information requested, the Board will and address which will remain public. beqble to process your application. Private data about you are available only to Your name and and your organization's the following: Board members, staff of the M 4\\. -Sti ~ "1 'i &~Y\S _ "Tipboards Board whose work assignment requires that they have access to the information; the Minnesota DepartrTlent of Public Safety; the Minnesota Attomey General; the Minnesota Commissioners of Administration, Rnance, and Revenue; the . Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone' pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which 'law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permi~ j' \. Organization Name. Cbn.h \:It $.l. Os..e ~ V"-' Local Unit of Government Acknowledgment Page 2 of2 06/03 If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city. I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. o The city approves the application with no D The county approves the application with no waiting period. . waiting period. . . o The city approves the application with a 30 day D Th~.county: approves the application wj~h a 30 day waiting period, and allows the Board to issue a waiting penod, and allows the Board to Issue a / permit after 30 days (60 days for a first class permit after 30 days. city). o The city denies the application. D The county denies the application. Print name of city Print name of county . (Signature of city personnel receiving application) (Signature of county personnel receiving application) litle Title Oate~-.!_ Oate-----:../---1_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. fA township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Iitle Oate----1-.!_ . Chief Executive Officer"s Signature The information provided in this application is complete and accurate to the best of my knowledge. c Chief executive officer's signature Name (please print) Date / /~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a check for $50. Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Rosevill.e, MN 55113 . S1. JOSEPH, NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDYHEPORT- EXECUTIVE SUMMARY , EXECUTIVE SUMMARY I. Introduction and Background The St. Joseph North Corridor and County State Aid Highway 2 (CSAH 2) Realignment Study was undertaken by the City of St. Joseph, Steams County,S1. Joseph Township and the S1. Cloud Area Planning Organization (APO) in an effort to define new, primary transportation corridors before the area develops. The purpose of the study was to identify preferred corridor alignments that would provide safe, reliable, and efficient mobility for both motorized and non-motorized travel in and around the St. Joseph area. The North Corridor and Realigned CSAH 2 will serve as key arterials in the area's future transportation system. The study area boundaries extend north from Interstate 94 (1-94) across CSAH 75, along CSAH 3 and then east, north of the City of S1. Joseph to Westwood Parkway in St. Cloud, as shown in Figure ES-I. The study area presently lacks east-west and north-south. roadway continuity. It is primarily agricultural and is experiencing significant development pressure but includes important environmental resources, such as wetlands and biodiversity areas. The City of St. Joseph, Steams County, St. Joseph Township and the APO understand the importance of identifying the preferred corridors now, even if the roadways will not be . constructed for a number of years. Identifying the corridors now will allow the city and county to make efficient use of public funds for right-of-way acquisition. In addition to fiscal awareness, early corridor identification provides the city and county with more opportunities to avoid or minimize impacts to the area's social, economic, cultural, arid natural environment and to support organized, thoughtful development in the area. The findings and recommendations discussed in this report are the basis for subsequent environmental documentation processes that will follow completion of the corridor study. The findings and recommendations from this study will also complement other corridor studies presently underway or soon to be initiated, including the east-west Field Street Corridor, located south of St. Joseph city limits and the northern extension of the Southwest Arterial Corridor, located east of St. Joseph city limits (see Figure 1). II. Purpose and Need The first step in developing transportation alternatives is identifying the area's transportation needs. The study identified transportation needs through a data collection process that included traffic volume forecasting and capacity analysis. Additionally, the study identified features that affect the appropriateness of transportation alternatives. The following are key needs identified during the data collection process: ES - 1 ~ ~ ~ l:: ~ 4> 1 c--. SG!4deJE) podal:j 1. pnl S JOpIJJO:) . /8899/SG!4deJ8 ::ItfS ~ th LlJ e ::s .~ u.: b: a 0.. LU cc >- Cl :::l I- U) cc a Cl cc cc a c..:> I- 2: LU :;2: 2: C!l -l cJ:: LU cc C\J ::r: ~ U) c..:> Cl~ 2: t:: ~ ~ ccc..:> aU) Cl t:: cc ~ cc2 aU) c..:> -a ::r: t:: I- C'<:S cc..t:: a 0.. 2:~ ::c 0 0..-' LU..... U)U) ~o ~:E' U)c..:> v ~ <D o '" o m o C') C') '" '" ST, JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY · Capacity - The study partners recognize a need to provide a network of local arterials that support CSAH 75. · Safety - The study partners want to provide a safe route for regional traffic traveling around St. Joseph. · Roadway Deficiencies - The study partners recognize that the skewed intersection at CSAH 75/CSAH 3 is geometrically deficient. · System Linkage - The study partners recognize. that the area presently lacks a network of continuous east-west and north-south roadways. · Modal Interrelationships - The St. Joseph area road network carries trucks, transit, bicycles, and pedestrians. The existing CSAH 2 truck route is presently designated on 2nd Avenue NW. An objective of the study is to move the truck route outside the St. Joseph Central Business District (CBD), outsIde residential neighborhoods, away from a city historic site, and away from key city parks to a more appropriate location. · Consistency with local highway plans - Three transportation plans, the St. Cloud APO 2030 Transportation Plan, the City of St. Joseph Comprehensive Plan (2002), and the Stearns County Transportation Plan (1999 and update in progress), call for construction of the North Corridor and CSAH 2 realignment. · Social demands and economic development - the study partners recognize that the City of St. Joseph is growing and that the area needs a transportation network that provides access to its existing and growing areas. · Proiect status - The study partners recognize that project readiness is a key factor in the completion of projects. When preliminary or prerequisite studies are complete and funding is in place, projects are poised to move toward construction. The roadways are included in regional, county, and city plans, the study team has completed this corridor study, and are now poised to complete required environmental documentation for the roadway projects. Funds for a portion of the CSAH 2 Realignment, from 1-94 to approximately CSAH 75, are also included for right-of-way acquisition in 2008 and construction in 2009 in the Stearns County Capital Improvement Program. As stated, the purpose of the North Corridor and CSAH 2 Realignment study was to identify and evaluate corridor alternatives to select and implement subsequent activities for preferred alignments. To achieve this purpose, the study partners along with its Corridor Advisory Committee (CAC, see Section V: Public Involvement) identified the following four key goals for the outcome of the study: ES-3 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY 1. Ensure safe and efficient mobility for the traveling public 2. Ensure consistency with regional and local transportation plans 3. Ensure consistency with local land use, growth, and economic development plans 4. Document the project's readiness to advance to provide a basis for environmental documentation Goals one through three identify what this study is aImIng to achieve for the recommended preferred alignments. The purpose of goal four is to identify what this study is aiming to achieve in terms of the project development process. Although the goals focus on different components of the project, each goal is key to the successful completion of the study. To further these goals, the study team developed a set of measurable criteria that link the identified needs and goals. The measurable criteria were used to evaluate the performance of each alternative in accomplishing the study goals and addressing the project purpose and need. The measurable criteria can be grouped into three categories of focus: (1) transportation, (2) social, and (3)project readiness. III. Alternatives Based on the corridor vision and design standards established by the Corridor Advisory Committee and shown in Table ES-l, the study team developed the set of 11 alternatives shown in Figure ES-2. The alternatives were divided into three groups based on their location, and each group was identified by color using Blue, Green, or Yellow. The multiple alternatives identified within each geographic area ensure that a range of alignment combinations were considered. . CSAH 2-South: Blue L 2. 3. and 4. These alternatives extend from existing CSAH 2/Minnesota Street to CSAH 75. All alternatives are new, 4-lane roadways located on new alignment (2-lane rural cross-section initially). · CSAH 2-North: Green 1. 2a/2b. and 3. These alternatives extend from CSAH 75 to existing CSAH 2 north of the City of St. Joseph. These alternatives link the Blue and Yellow alternatives. Alternative Green 1 is assumed to consist entirely of existing roadway that would be expanded to 4-lane from north of the City of St. Joseph to CSAH 75. At CSAH 75, CSAH 2 would be rerouted to run cqncurrently with existing CSAH 75 until intersecting the Blue alternatives west of the City of St. Joseph. CSAH 2 would then traverse north-south on the Blue alternatives described above. Alternatives 2a/2b and 3 are new 4-lane roadways located on new alignment. . North Corridor: Yellow 1. 2. and 3. These alternatives extend east from the Green alternatives. The Yellow alternatives extend from existing CSAH 2 north of the City of St. Joseph to Westwood Parkway in St. Cloud. These alternatives are new, 2- to 4-lane roadways located on new alignment. ES ~ 4 l ~ , . llii:., IIII~!. , . , ~~i ~~&: 10 <Jz j~ i ~ ~ as ~~ f ~ ~ f ji~]i H! ,! !H! ! C'l f3 e :::s t:ll it I- a:: o ~ >- 3 I- CI) a:: o ~ o o I- 1fi ~ (!J :::i Li5 a:: '" :r: ~ o a z ~>. a::"E O::J 00 _0 ~ E' 001 02 (f) ~"C a::ffi 0.<: <fir :r:~ fu~ ~~ -,0 I---.~ Cl)0 CI) ~ i:: ~ ffi ~ ...., c::( ...., ~ ~ fu (.) ~ o u >- 0::: ~ ~ rd It ~..!..... " ~ ~ a ~. ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY TABLE ES-1 CORRIDOR VISIONAND DESIGN STANDARDS (1) Functional Classification Desi n Seed Typical Roadway Section Minor Arterial Minor Arterial Minor Arterial 45-55 m h 4 lane divided urban (may be constructed as 2 lane rural initially, but initial 2 lane urban alternative to be studied Separate bicycle path 45-55 m h . 4.lane divided urban 45m h 2-4 lane divided urban Yz mile for signals Y4 mile restricted 150 feet Yz mile for signals Y4 mile restricted 150 feet Separate bicycle ath Yz mile for signals Y4 mile restricted 150 feet Separate bicycle path Notes (1) See Figure 3 for a map defining these areas. (2) Path is proposed on east side of roadway only. The intent is to keep the trail along the road and closer to downtown St. Joseph. . The study partners and CAC used a screening process based on the project purpose and need to identify those alternatives that should not be carried forward for further study. Specific baseline measurable criteria were collected. Based on this analysis, the study . team dismissed the following six alternatives from further consideration because they did not address the project purpose and need: · CSAH 2-South - Blue 1, Blue 2 · CSAH 2-North - Green 1, Green 2a/2b · North Corridor - Yellow 3 The study team felt the following five alternatives addressed the project purpose and need and retained them for additional study: · CSAH 2-South - Blue 3, Blue 4 · CSAH 2-North ,. Green 3 · North Corridor - Yellow 1 and 2 After reducing the field of alternatives from 11 to five, the study team prepared preliminary designs for the five alternatives meeting the project purpose and need and conducted a broader evaluation. The broader evaluation added new goals, objectives, and measurable criteria. The following five goals were added: ES -6 S1. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT':' EXECUTIVE SUMMARY 1. Minimize expected future public expenditures for roadway development 2. . Avoid or minimize impacts to the natural environment 3. Avoid or minimize impacts on cultural resources 4. Avoid or minimize and mitigate impacts on public lands 5. Minimize social costs and impacts Each objective and measurable criteria was again related to one of the nine study goals (four initial goals, five added goals). As noted earlier, measurable criteria were developed as a means of evaluating relative impacts of alternatives for comparison purposes. The study team gathered information to provide estimated values for each area of impact for each alternative in this phase of the corridor study. It should be noted that these values were estimated based on the information available at this point in the process and should not be taken as final, precise measures of impact. These values will change as more detailed analysis is undertaken with preparation of an environmental document. However, the estimated values are used here to guide the study team in better evaluating the relative .levels of impact among the alternatives. To simplify the comparison of alternatives, the study team combined the Green and Yellow alternatives. As a result, the technical evaluation analyzed the following alternatives: · CSAH 2-South o Blue 1 o Blue 2 · . CSAH 2-NorthlNorth Corridor o Yellow 1 (includes Green 3) o Yellow 2 (includes Green 3) Up to this point in the study process, the study team evaluated the alternatives using two techniques: (1) ability to meet the purpose and need of the project, and (2) preliminary technical evaluation. Based on these methods, the study team finds that the following alternatives best meet the project purpose and need and address the study goals and objectives: · CSAH 2-South o Alternative: Blue 4 o Termini: 1-94 to CSAH 3 near the Lake Wobegon Trail · CSAH 2-NorthlNorth Corridor o Alternative: Yellow 1 (includes Green 3) o Termini: CSAH 3 near the Lake Wobegon Trail to Westwood Parkway ES -7 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY These evaluation findings were brought forward to the public and key agencies for input. This input, along with other issues, was considered by the study partners in the selection of Preferred Alternatives. v. PUBLIC PARTICIPATION The corridor study process sought to promote effective decision-making by fostering a cooperative spirit and building trusting relationships among state, regional and local partners, and the public. These relationships were important elements in completing the corridor study. The various study partners worked together to develop a corridor plan that improved safety and mobility, addressed environmental concerns, and respected community values. The North Corridor and CSAH 2 Realignment Study used the following means to promote public involvement: . Corridor Advisory Committee (CAC) - The Committee, composed of elected and senior technical staff of local decision-making bodies, met regularly during the study period. The Committee. guided the overall study process, digested input from public involvement activities, participated in the technical analysis, and made recommendations to the St. Joseph City Council and Steams County Board of Commissioners. Committee activities included reviewing and evaluating alternatives and recommending a preferred alignment. . Focus group meetings - The groups provided input on needs, issues, constraints, and opportunities early in study process, and again on alignment alternatives during the evaluation process. At these meetings the study team learned which CSAH 2-South and North Corridor alternatives were preferred by key landowners facing the largest impact from these future roadways. The groups also suggested new alignment and access alternatives that the study team had not considered earlier: These suggestions were presented to the CAC for consideration. . Open house public meetings - The meetings provided opportunities for the general public to participate in the corridor planning process. The meetings also provided opportunities for key stakeholders to come back and take a second look at materials presented during the focus group meetings and bring family/friends/other affected parties to learn about and comment on the study. Open house input was recorded and provided to the CAC for consideration. . Review agency and key stakeholder coordination - The study team met with officials from the Federal Highway Administration (FHW A), Mn/DOT, and the Steams County Technical Evaluation Panel (TEP) two times during the study process. Through these meetings FHW A and Mn/DOT officials provided insight into appropriate environmental documentation, while the TEP provided insight into wetland and local development issues. ES -8 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY · Presentations to governing bodies - The study team met with tbe St. Joseph City Council and Steams County board at several points throughout the study process. The presentations briefed officials on key study recommendations and allowed the study team to seek comments, input on policy, final decisions, and final approval of study products. · Proiect website - A st:iction of the St. Joseph web site was used to disseminate important study information, including focus group/public meeting materials, CAC agendas, CAC meeting summaries, and public meeting notices. VI. STUDY FINDINGS AND-RESULTS The corridor study process found that two alternatives, Blue 4 and Yellow 1, best addressed the project purpose and need and met established study goals (seec Section IV - Technical Findings). However, they were not identified as Preferred Alternatives (to be carried forward into environmental documentation) in Section IV because the environmental documentation requirements anticipated for the study area changed during the study process. The study team originally understood that one Environmental AssessmentlEnvironmental Assessment Worksheet (EAIEA W) would be suitable documentation for the entire study area. However, as the study progressed, it became clear that one EAIEAW would not be appropriate environmental documentation for the entire study area after forecast. traffic volumes and roadway capacity needs were identified. Based on this unanticipated situation, the study team felt it needed to identify the appropriate environmental documentation approach, before Preferred Alternatives could be identified. Through the study process it became clear that the study partners intended to complete parts of the North Corridor/CSAH 2 Realignment project independent of one another. The County had programmed the CSAH 2-South realignment project in its Capital Improvement Program (CIP) using county and state aid funds allocated in 2008 for ROW . acquisition and in 2009 for roadway' construction. The City recently negotiated development of the Feld farm (a 300-acre farm located north of CSAH 75 and east of CSAH 133, immediately adjacent to the existing industrial park), which would include part of the eastemportion of the North Corridor (part of the roadway extending from CSAH 133 to Rolling Ridge Road). Neither agency, however, had a timeline in mind for construction of CSAH 2-North (approximately CSAH 75 to existing CSAH 2) or the western end of the North Corridor (existing CSAH 2 to CSAH 133), and, instead hoped to officially map the corridor to protect the future ROW from encroaching development. Working closely with officials from FHW A and Mn/DOT, the study team reconsidered the number of highway projects included in the original North Corridor and CSAH 2 Realignment study area. FHW A regulations (23 CRF 771.ll1(f)) state the following in regard to identifying a highway project: In order to ensure meaningful evaluation of alternatives and to avoid commitments to transportation improvements before they are fully ES-9 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY evaluated, the action evaluated in each EIS or finding of no significant impact (FONSI) shall: 1. Connect logical termini and be of sufficient length to address environmental matters on a broad scope; 2. Have independent utility or independent significance, i.e., be useable and be a reasonable expenditure even if no additional transportation . improvements in the area are made; and 3. Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. Based on these guidelines, the study partners, after input from FHW A and Mn/DOT officials, concluded that the original study area consists of three, independent projects for which different environmental documentation should be prepared. Figure ES-3 shows the three, independent projects are the following: · CSAH 2-South o Line Color on Map: Blue o Termini: 1-94 to CSAH 3 near the Lake Wobegon Trail · CSAH 2-North/North Corridor-West o Line Color on Map: Green and Yellow o Termini: CSAH 3 near the Lake Wobegon Trail to CSAH 133 · North Corridor-East: o Line Color on Map: Yellow o Termini: CSAH 133 to Westwood Parkway Based on the logical termini-independent utility/significance discussion and the possible environmental documentation options available, the study partners considered results from the screening and technical evaluation processes and input from agencies, the public, the Corridor Advisory Committee, S1. Joseph City Council, and Steams County Board and arrived at the following conclusions: · CSAH 2-South Realignment Project o Termini: 1-94 to CSAH 3 near the Lake Wobegon Trail o Anticipated Environmental Documentation: state-level Environmental Assessment Worksheet (since federal funds will not be used for construction, a federal-level Environmental Assessment is not needed.) o Preferred Alternative: Blue 4 ES - 10 t f E ~ ~ 8 gO> ~:<:-1z di nH - .~ ~ ~ ~ ~~ ,! ~ 1 ~,~wI8~'"' g:~~I~~j~~O "f => W'lJ... WOO:I:" (ij ~1.11~~tl g ~ ~, ~ I ! f .i ~~ ~ ~) ~jrfijr[~i (') ~ e ::s .~ La: CI) ~ 0:: 'c:( ). Q ~ CI) ::: o i:: ~ ffi ~ u o Q ..,J ~ in ~ o ~ :s in I- a:: o fb a:: >- ~ (/) a:: o o it a:: o o I- <:: lLi ~ t!J ::J US a:: C\I ::r:: ;;j o ~ <(,., a::c 0" 00 _U a::cn a::E 0'" oS! if) j!:." ll::ffi 0.<:: <::1>. ::r::ll: QO lLJ: C5~ -,0 I-'~ (/)0 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT - EXECUTIVE SUMMARY · CSAH 2-North Realignment/North Corridor-West Project o Termini: CSAH 3 near the Lake Wobegon Trail to CSAH 133 o Anticipated Environmental Documentation: federal- and state-level Environmental Impact Statement o Preferred Alternative: No Preferred Alternative identified. A Preferred Alternative will be identified as a result of the anticipated Environmental Impact Statement process. · North Corridor-East Project o Termini: CSAH 133 to Westwood Parkway o Anticipated Environmental Documentation: federal-level Environmental Assessment and state-level Environmental Assessment Worksheet o Preferred Alternative: the alignments for Yellow 1 and 2 are the same in this portion of the study area. The study partners recommend combined Yellow 1-2 as the Preferred Alternative in this area. This approach was selected because it fits the anticipated environmental documentation and best meets the project goals, purpose, needs, and objectives. Agencies and the community also largely agreed that these alternatives have the fewest anticipated impacts on the study area. The Corridor Advisory Committee unanimously supports the findings of this study. VII. NEXT STEPS With the corridor study .complete, the anticipated environmental documentation identified, and the Preferred Alternatives identified for CSAH 2-South and North Corridor-East, the study team will transition into the environmental documentation process. The environmental documentation process will produce more detailed information which will permit study partners to_ address issues not resolved during the corridor study process. The unresolved issues were identified as the study team moved through the public involvement process where the public, the St. Cloud APO, the St. Joseph City Council, and the Steams County Board provided comments regarding several design details. Public comments focused on adjustments or modifications to proposed alignments. St. Cloud APO comments focused on the intersection spacing shown on the alignments. 1 Elected body comments focused on possible modifications to the alternatives considered for the CSAH 2-North RealignmentINorth Corridor-West project. I The S1. Cloud APO is concerned about access spacing, especially on new roadways. The access spacing shown on the preliminary designs was developed based on assumed local road networks (e.g., extensions to existing roadways) and nearly meets the access spacing standards. However, not all intersection locations shown in. the preliminary designs meet 81. Cloud APO access spacing guidelines. During the environmental documentation process, the S1. Cloud APO would like to work with the other study partners to reinvestigate the assumed local road network and develop plans for a supporting local road network where its intersections with CSAH 2-South, CSAH 2-North,.and the North Corridor meet access spacing guidelines. ES - 12 ST. JOSEPH NORTH CORRIDOR AND CSAH 2 REALIGNMENT CORRIDOR STUDY REPORT ~EXEC(JTIVE SUMMARY These design details are best handled during in the environmental documentation process. Specifically, these issues include the following: · CSAH 2-South Realignment o Investigate the possibility and impact - of shifting the Minnesota Street/CSAH 2 intersection to the north in an effort to extend Minnesota Street to the west. This west extension of Minnesota Street would begin to establish a local street system west of CSAH 2. The intersection realignment would also include realigning Leaf Street to intersect the west extension of Minnesota Street (rather than intersecting CSAH 2-South directly). o Investigate the possibility and impact of shifting the northern end to the west in an effort to create a larger, useable parcel in the east quadrant of the intersection. o Reconsider the locations of proposed intersections (i.e., Minnesota Street, Leaf Street, -and second local intersection south of CSAH 75) in an effort to meet access spacing guidelines and provide a backbone for a supporting road network as the area west of downtown St. Joseph develops. · CSAH 2-North Realignment/North Corridor-West o Investigate the possibility and impact of shifting the western end of the CSAH 2..North Realignment to the north along existing property lines in an effort to reduce the number of severed parcels. o Investigate the possibility and impact of creating another alignment alternative that combines the alignment of the northern shift for CSAH 2- North with Yellow 1 for the North Corridor-West. o Reconsider the locations of proposed intersections in an effort to meet access spacing guidelines and provide a backbone for a supporting road network as the area north of downtown St. Joseph develops. ' · North Corridor-East o Reconsider the locations of proposed intersections (e.g., CSAH 133, 20th Street Extension, and northern extension of the Southwest Arterial) in an effort to meet access spacing guidelines and provide a backbone for a supporting road network as the area northeast of downtown St. Joseph develops. / The EAIEA W processes are anticipated to be complete in Spring 2007. The EIS Scoping Process is anticipated to last six to nine months. Following the Scoping Process, the study team anticipates completion of the Draft and Final EISs (traditional or- tiered). Official mapping of CSAH 2-North/North Corridor-West and North Corridor-East will be prepared following completion of their respective environmental documentation. ES - 13 "- St. "Jos~ph :N"orth Corridor & CSAH 2 Realignment Cost Summary for three environmental documents November 8,2006 Project Original Scoped Optional Total Elements Projected Project Tasks Cost Cost Cost (817106) CSAH 2 South $35,000 $45,484 $8,725 $54,209 EAW North $55,000 $61,395 None" $61,395 Corridor East EA/EA W North $35,000 $47,031 $7,109 $54,140 Corridor EIS Scoping Document (I) Project $29,000 (apportioned Management! into 3 Meetingsl projects) Subconsultant TOTALS $154,000 $153,910 $15,834 $169,744 SUMMARY OF STUDY BUDGET Estimated cost of three environmental documents Remaining contract balance (as of 11/6/06) $153,910 $100,978 Additional funds neededfor environmental documentation $52,932 Cost of optional services selected by PMT on 11/6/06 For design changes and cost analysis (2) $15,834 Total cost of contract amendment negotiated with PMT on 11/6/06 $68,766 (3)(4) 1 Note Scoping is the first step in the EIS process. This cost does not include completion of an actual EIS. 2 See yellow highlighted areas in detailed scope spreadsheet (grey shading when printed). 3 An estimated $4,000 may be added if a private developer demonstrates interest in pursuing modification " - of the CSAH 2-South Preferred Alternative. The $4,000 would be paid by the private sector, not the city. 4 Cost will be shared between the City ofSt. Joseph and Stearns County. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Ordinance Update DATE: November 16,2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Ordinance Amendments - Animal, Exterior Fuel PREVIOUS ACTION The Council at the last meeting discussed the changes to the Dog Ordinance. The enclosed Ordinance illustrates the deletions and additions. As stated at the meeting, the City Attorney has requested the changes after reviewing the Ordinance. The Exterior Fuel Ordinance was tabled to receive additional information on the setback of 75 feet and whether or not the City is prohibiting alternative fuel sources. RECOMMENDED COUNCIL ACTION FISCAL IMP ACT COMMENTS/RECOMMENDATIONS At the Staff meeting we discussed the Fuel Ordinance. The purpose ofthe Ordinance to limit use in urban areas with small lots. It is typically in these situations were noxious odors cause problems with neighbors. Requiring a seventy five foot setback minimizes the impact as to meet the requirement a large lot is needed. We discussed if we are discouraging the use of alternative fuels and it was the consensus that many other types of indoor alternative fuel devices are available. Therefore the City is not prohibiting the use of alternative fuel devices. Again, the Ordinance is just a recommendation and if the Council wishes to wait or reconsider it can be done at this time. CITY COUNCIL RESOLUTION 2006-038 RESOLUTION AUTHORIZING SUMMARY PUBLICA nON OF ORDINANCE 104 (NUISANCE ORDINANCE REGARDING LICENSING AND REGULA nON OF ANIMALS) RECITALS: WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 104, entitled "Nuisance Ordinance Regarding Licensing and Regulation of Animals". WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of . the Ordinance clearly informs the public ofthe intent and effect ofthe Ordinance. 2. Publication. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Adopted this _ day of , 2006, by a vote of _ in favor and _ opposed. CITY OF ST. JOSEPH By Richard earlbom, Mayor By Judy Weyrens, Administrator/Clerk CITY OF ST. JOSEPH ORDINANCE 104.(NUISANCE ORDINANCE REGARDING LICENSING AND REGULATION OF ANIMALS) SUMMARY PUBLICATION The City ofSt. Joseph has amended Ordinance 104: Nuisance Ordinance Regarding Licensing and Relation of Animals. The purpose of the amendment of Ordinance 104 is regarding the licensing and regulation of animals. This Ordinance includes: 1) maintenance of animals; 2) animals not to be permitted to run at large:, 3) all dogs to be licensed - fee; 4) dog licenses to be granted by City Clerk/Administrator; 5) application for dog license; 6) every dog to wear a collar; 7) record of license; 8) seizure of unlicensed dogs; 9) possession of dog - how recovered; 10) impoundment of diseased dogs or dogs suspected of being diseased; 11) any person harboring an animal shall be deemed its owner; 12) interference with officers or other persons; 13) dangerous animals; 14) . state . law adopted; 15) disposition of unclaimed animals; 16) removal of dog excrement; and 17) penalty. This material is a summary of Ordinance 104. The fun text of the Ordinance is available for inspection by any person during regular office hours at the office of the St. Joseph City Administrator-Clerk. This summary publication was adopted by the City Council of St. Joseph on the _ day of , 2006, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This summary publication was published on ,2006. L:lcitylstjoe\2006 AMENDMENT TO ORDINANCE 104 NUISANCE ORDINANCE REGARDING LICENSING AND REGULA TION OF ANIMALS The Council ofthe City of St. Joseph hereby ordains: That Ordinance is revoked in its entirety and the following language is enacted in its place: ORDINANCE 104 LICENSING AND REGULATION OF ANIMALS ................................... 2 Section 104.01: MAINTENANCE OF ANIMALS ..... ............... ............... ...................... ...... 2 S~ction 104.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE.................. 3 Section 104.03: ALL DOGS TO BE LICENSED - FEE...................................................... 3 Section 104.04: DOG LICENSES TO BE GRANTED BY CITY CLERK! ADMINISTRATOR ..................... ...................... ......................................... 3 Section 104.05: APPLICATION FOR DOG LICENSE ....................................................... 3 Section 104.06: EVERY DOG TO WEAR A COLLAR ...................................................... 4 Section 104.07: RECORD OF LICENSE.................................................. ..... ................. ...... 4 Section 104.08: SEIZURE OF UNLICENSED DOGS...........:............................................. 4 Section 104.09: POSSESSION OF DOG HOW RECOVERED......................................... 4 Section 104.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEIN G DISEASED .................................................................................... ." 4 Section 1 04.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER. .. .. .. .. ... .. .. .. .. .. ... .. .. .. ... .. .. .. .. . .. .. .. .. .. .. .. ... .. .. .. ..... .. .. .. . .. .. .. .. .. .. .. . .. .. .. .... 5 Section 104.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS ................. 5 Section 104.13: DESTRUCTION OF VICIOUS ANIMALS ............................................... 5 Section 104.14: DISPOSITION OF UNCLAIMED ANIMALS ........................................ 10 Section 1 04.15: REMOVAL OF DOG EXCREMENT ........................................... ........... 10 Section 1 04.16: PENALTy................................ ...... ...................... ......... ............................ 10 1 ORDINANCE 104 LICENSING AND REGULATION OF ANIMALS Section 1 04.01: MAINTENANCE OF ANIMALS. It shall be unlawful for any person to own or harbor an animal within the corporate limits of the City unless specifically permitted by this Ordinance or by special pem1it granted by the City Council. Subd: 1: Permitted Animals. The following animals shall be permitted without special permit: a) Up to two (2) domestic dogs over three months old per household. b) Up to three (3) domestic cats over three months old per household. c) Up to fifteen (15) domestic cats or dogs under three months old per household. d) Fish maintained in an aquarium. e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage located within a building. f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than 16" in length, and maintained in an aquarium or cage located within a building. g) Nonpoisonous insects maintained in an aquarium or cage located within a building. h) Birds purchased from a licensed pet seller and maintained in a bird cage located within a building. Subd. 2: Animals Permitted bv Special Permit. Animals not specifically permitted may be allowed by special permit of the City Council if meeting the following criteria: a) The animal is not specifically prohibited by Subd. 3 of this section. b) The ownership or harboring of the animal shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animal will be maintained. c) The ownership or harboring of the animal will not result in offensive noise or odors. 2 Pennission may be withdrawn by the Council for failure of continued compliance with subdivisions 2a through 2c above. Subd. 3: Prohibited Animals: The ownership or harboring of the following animals within the City is specifically prohibited. a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese, sheep, goats, ducks and turkeys. b) Predatory animals usually found in the wild, including but not limited to lions, bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the monkey family. c) Animals, the importation or sale of which as a pet, is prohibited by state or federal law. d) Minnesota animals found in the wild, the hunting or trapping of which is totally prohibited or which requires a big game license. Section 104.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall be unlawful for the owner of any animal to permit the same to run at large anywhere in the City of S1. Joseph other than the property of the owner thereof. Section 104.03: ALL DOGS TO BE LICENSED - FEE. It shall be unlawful for any person to own or harbor any dog or dogs within the corporate limits ofthe City of St. Joseph without having first obtained a license as herein,provided. Any person who desires to maintain or preserve any right or property interest in such dog or dogs shall annually procure a license for the dog so owned or harbored. The annual license fee shall be in an amount as established by resolution ofthe City Council and shall be paid to the City Clerk! Administrator. No license fee shall be required for any dog which is less than six (6) months old. Any person who fails to obtain a license in accordance with this ordinance shall be assessed a penalty fee in an amount established by resolution of the City Council. This penalty fee is in addition to any fines or costs resulting from criminal prosecution in accordance with Section 104.16 below. Noperson shall operate a dog kennel within the corporate limits ofthe City of St. Joseph, except in an area zoned for industrial use as may be permitted by a special use permit. Section 104.04: DOG LICENSES TO BE GRANTED BY CITY CLERK! ADMINISTRA TOR. A dog license shall be granted upon payment to the City Clerk! Administrator of the fees above provided and shall continue to be in force until the 1 st day of April next succeeding the date of its issuance. Section 104.05: APPLICATION FOR DOG LICENSE. In applying for a dog license, the owner shall state in writing the name, sex, breed, age, color and marking of the dog for which the license is to be procured on forms provided by the City Clerk! Administrator. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies. 3 Section 104.06: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must wear a collar around its neck, to which shall be attached a metal tag, distinctly marked with the year in which the same is issued, and a number designated by the City Clerk/Administrator, which number shall be stated in the license granted. Such metal tag shall be furnished by the City, and no other tag shall be issued as a substitute therefore, except that in case any person owning a dog states in writing to the City Clerk! Administrator that the license tag theretofore issued has been lost, the City Clerk! Administrator shall be permitted to issue to such person a new tag upon payment by the applicant of the sum established by resolution of the City Council and payable to the City Clerk! Administrator. The new tag shall be in the same form as the original tag. It shall be unlawful for any person, to make, sell, purchase or transfer in any way any such tag or counterfeit the same in any manner, or to place or permit to be placed any tag so made, sold, purchased, transferred or counterfeited, upon his dog or any dog in his custody or keeping or to place or permit to be placed any tag issued as aforesaid upon any other dog than the one for which such tag was originally issued by the City Clerk! Administrator. Section 104.07: RECORD OF LICENSE. The City Clerk!Administrator shall keep in a book to be provided for that purpose, a record of all dog licenses issued with the name and residence of the person to whom issued, and the number designated upon the metal tag furnished therewith. Section 104.08: SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog license inspector or any of his duly authorized assistants or any peace officer or any person duly authorized by a member of the Board of Health to capture, seize and deliver to the dog license inspector, or the keeper of a public pound any dog owned, harbored or permitted to run at large in violation of the provisions of Sections 1, 2, 5 or 10 of this Ordinance. Section 104.09: POSSESSION OF DOG - HOW RECOVERED. Any dog so seized and impounded may be redeemed by the owner thereof at any time within five (5) regular business days after such seizure and impoundment upon payment of a penalty in an amount as established by Resolution of the City Council, and a written statement of ownership, together with proof that a license has been duly issued for said dog or if no license has been previously issued upon payment of the license fe~ together with the aforementioned penalty. If the owner of the dog seized or impounded under the provisions ofthis ordinance does not resume possession of said dog in compliance with the foregoing provisions within five regular business days after seizure or impoundment thereof, he/she shall forfeit all right to and property in such dog. For the purpose of this section, "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of 8:00 A.M. and 7:00 P.M. Section 104.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which may be suspected of having rabies may be immediately seized whether on or off the premises of the owner and may be impounded for such period as directed by the Health Officer. All costs incident to and part of such impoundment shall be paid by the owner of said dog. In the vent the dog is determined to be rabid said animal shall be destroyed under the direction of the Health Officer. . If the dog is determined not to be rabid, said dog shall be returned to its owner upon 4 payment of all costs of impoundment. If the owner shall fail to pay the costs of impoundment within five days after receiving written notice of the amount then the animal shall be destroyed or sold.for impoundment costs. Whenever the prevalence of hydrophobia renders such action necessary, to protect the public health and safety, the Mayor may issue a proclamation ordering every person owning or keeping a dog to confine it securely orthis premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog . running at large during the time affixed in the proclamation shall be killed by the police without notice to the owner. Section 104.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER. Any person owning or harboring an animal for three (3) consecutive days shall, for the purpose of this ordinance, be deemed the owner thereof, and if that person be a minor, the parent or guardian of the said minor shall be deemed to be the owner thereof. Section 104.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS. It shall be unlawful for any person to mistreat or in any way interfere with any peace officer, poundmaster, or any oftheir duly authorized assistants or with any duly authorized agent or any person authorized by the Health Officer while engaged in the performance of work under the provisions of this ordinance. Section 104.13: DANGEROUS ANIMALS. Subd. 1: Definitions. For the purpose of this section, the terms defined have the meanings given them. a) "Dangerous animal" means any animal that has: (l) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property, or; (3) been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. b) "Potentially dangerous animal" means any animal that: (l) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 5 c) "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting. d) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or 90ntrol of an animal. e) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. f) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. g) "Animal control authority" means the City Councilor any other agency or governmental subdivision of the State of Minnesota which is responsible for animal control operations in this jurisdiction. h) "Killed" means to cause death or to injure so badly that the owner of a domestic animal.has no reasonable choice but to euthanize the domestic animal. Subd.2: Dangerous Animals~ Registration. No person may own a dangerous animal within the corporate limits of the City unless the animal is registered as provided in this subdivision. a) An animal control authority shall issue a certificate of registration to the owner of a dangerous animal if the owner presents sufficient evidence that: (1 ) a proper enclosure exists for the dangerous animal and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous animal on the property; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous . animal, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least 6 $50,000, insuring the owner for any personal injuries inflicted by the dangerous animal; (3) the owner has paid an annual fee, as determined by the City Council, but in no case more than $500, in addition to any regular animal licensing fees, to obtain a certificate of registration for a dangerous animal under this section; and (4) if the dangerous animal is a dog, the owner has had microchip identification implanted in the dangerous dog as required under subdivision 3 of this section. . b) Beginning six (6) months after an animal is declared a dangerous animal, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factprs. If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind the dangerous animal designation. c) The provisions of this subdivision do not apply to dangerous dogs used by law enforcement officials for police work. d) Animals may not be declared dangerous if the threat, injury or damage was sustained by a person: (1) .. who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; (2) who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or (3) who was committing or attempting to commit a crime. e) A dangerous dog registered under this subdivision must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. The design of such tag shall be as determined by the State Commissioner of Public Safety. Subd. 3: Microchip Identification. The Dwner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. lfthe microchip is not implanted by the owner, it may be implanted by 7 the animal control authority. In either case, all costs related to purchase and implantation of the microchip,must be borne by the dog's owner. Subd. 4: Dangerous Animals - Requirements. a) An owner of a dangerous animal shall keep the animal, while on the owner's property, in a proper enclosure. lfthe dangerous animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not more than ** feet in length and under the physical restraint of a responsible person no less than ** years of age. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. b) An owner of a dangerous animal must renew the registration of the animal annually until it is.deceased. Any dangerous animal brought into the City's jurisdiction must be registered with the animal control authority in the City's jurisdiction within 14 days. c) An owner of a dangerous animal registered in the City must notify the animal control authority in writing ofthe death of the animal or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the animal's death and disposition or the complete name, address, and telephone number of the person to whom the animal has been transferred. d) The animal control authority may require a dangerous animal to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense. e) A person who owns a dangerous animal and who rents property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will reside at the property. f) A person who sells a dangerous animal must notify the purchaser that the animal control authority has identified the animal as dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. Subd. 5: Confiscation. a) The animal control authority having jurisdiction shall immediately seize any dangerous animal if: 8 (1) after 14 days after the owner has notice that the animal is dangerous, the. animal is not validly registered under subdivision 2; (2) after 14 days after the owner has notice that the animal is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under subdivision 2(a); (. (3) the animal is not maintained in the proper enclosure; or v (4) the animal is a dog and is outside the proper enclosure and not under physical restraint of aresponsible person as required under subdivision 4. b) If an owner of an animal is convicted of a crime for which the animal was originally seized, the court may order that the animal be confiscated and destroyed in a proper and humane maImer, and that the owner pay the costs incurred in confiscating, confining, and destroying the animal. Subd.6: Reclaimed. A dangerous animal seized under subdivision 5 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the animal control authority that the requirements of subdivisions 2 and 4 will be met. A dog or cat not reclaimed under this subdivision within seven (7) days may be disposed of as provided under section 104.14, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog or cat. Subd. 7: Subsequent Offenses; Seizures. If a person has been convicted of a misdemeanor for violating a provision of subdivisions 2 or 4, and the person is charged with a subsequent violation relating to th~ same animal, the animal shall be seized by the animal control authority. Ifthe owner is convicted of the crime for which the animal was seized, the court shall order that the animal be destroyed in a proper and humane maImer and the owner pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the animal was seized, the owner may reclaim the animal upon payment to the animal control authority of a fee for the care and b,oarding of the animal. If the animal is not reclaimed by the owner within seven (7) days after the owner has been notified that the animal may be reclaimed, the animal may be disposed of as provided under section 104.14, and the owner is liable to the animal control authority for the costs incurred in confining, impounding, and disposing of the animal. Subd. 8: Penalty. a) Any person who violates any provision of subdivision 2 or 4 is guilty of a misdemeanor. b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a dangerous animal, to fail to account for a dangerous animal's death or removal from the jurisdiction, to sign a false affidavit with respect to a dangerous animal's death or removal from the 9 jurisdiction, or to fail to disclose ownership of a dangerous animal to a property owner from whom the person rents property. Subd.9: Destruction of Animal in Certain Circumstances. Notwithstanding subdivisions 2 to 8, an animal that inflicted substantial Or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the animal control authority. The animal control authority may not destroy the animal until the animal's owner has had the opportunity for a hearing before an impartial decision maker. The definitions in subdivision 1 and the exemptions in subdivision 2( d) apply to this subdivision. Section 1 04.131: STATE LAW ADOPTED. Those provisions of Minnesota Statutes Sections 347.50 to 347.56 regulating dangerous dogs are hereby incorporated into this Ordinance and, in the case that this Ordinance directty contradicts the provisions in those statutes, the statutes shall preempt those parts ofthis Ordinance that are directly contradictory. Section 104.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of five (5) regular business days from the time a dog or cat is impounded as provided for in this ordinance, if said dog or cat has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the license inspector to cause such dog or cat to be disposed of in accordance with the most humane and approved methods as directed by the Health Officer. For the purpose of this section, "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of8:00 A.M. and 7:00 P.M. Section 104.15: REMOVAL OF DOG EXCREMENT. Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person, unless such person has in his or her immediate possession a device for the removal of the excrement and a depository for the transmission of excrement to a proper receptacle located upon property owned or possessed by such person. Subd.2: It shall be unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person, to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person. Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an unreasonable accumulation of dog excrement upon property owned or possessed by such person. An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor which can be detected from adjacent property, which is unsightly or offensive to the sight or which creates a public health risk. Section 104.16: PENALTY. Any person violating any of the provisions of the Ordinance shall be deemed guilty of a misdemeanor. 10 This Ordinance is adopted the be effective upon publication. This Ordinance was published on L:\CITY\STJOE\2006 day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk ,2006. 11 AMENDMENT TO ORDINANCE 104 NUISANCE ORDINANCE REGARDING LICENSING AND REGULATION OF ANIMALS The Council of the City of St. Joseph hereby ordains: That Ordinance is revoked in its entirety and the following language is enacted in. its place: ORDINANCE 104............................. LICENSING AND REGULATION OF ANIMALS 22101 1 Section 104.01: MAINTENANCE OF ANIMALS.................................................... 22101 1 Section 104.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE....... 3310"1 2 Section 104.03: ALL DOGS TO BE LICENSED - FEE ........................................... 33101 2 Section 104.04: DOG LICENSES TO BE GRANTED BY CITY CLERK! ADMINISTRATOR ...:...... ............................................................... 33101 2 Section 104.05: APPLICATION FOR DOG LICENSE ............................................ 33101 2 Section 104.06: EVERY DOG TO WEAR A COLLAR ........................................... 4/1101 3 Section 104.07: RECORD OF LICENSE................................................................... 4/110"1 3 Section 104.08: SEIZURE OF UNLICENSED DOGS .............................................. 41101 3 Section 104.09: POSSESSION OF DOG HOW RECOVERED.............................. 441 01 3 Section 104.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEING DISEASED .......................................................................... 41101 3 Section 104.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER. ............................ ....................... ........................................ 55101 1 I Section 104.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS ...... 55101 1 Section 104.13: DESTRUCTION OF VICIOUS ANIMALS .................................... 55101 1 Section 104.14: DISPOSITION OF UNCLAIMED ANIMALS ........................... 1010101 1 Section 104.15: REMOVAL OF DOG EXCREMENT .........................................1010101 4 Section 1 04.16: PENALTy......... .......:............. ......................... ............................. 11111 01 5 ORDINANCE 104 LICENSING AND REGULATION OF ANIMALS Section 104.01: MAINTENANCE OF ANIMALS. It shall be unlawful for any person to own or harbor an animal within the corporate limits of the City unless specifically permitted by this Ordinance or by special permit granted by the City Council. Subd. I: Permitted Animals. The following animals shall be permitted without special permit: a) Up to two (2) domestic dogs over three months old per household. b) Up to three (3) domestic cats over three months old per household. c) Up to fifteen (15) domestic cats or dogs under three months old per household. d) Fish maintained in an aquarium. e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage located within a building. f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than 16" in length, and maintained in an aquarium or cage located within a building. g) Nonpoisonous insects maintained in an aquarium or cage located within a building. h) Birds purchased from a licensed pet seller and maintained in a bird cage located within a building. Subd.2: Animals Permitted by Special Permit. Animals not specifically permitted may be allowed by special permit of the City Council if meeting the following criteria: aJ The animal is not specifically prohibited by Subd. 3 of this section.. b) The ownership or harboring of the animal shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animal will be maintained. c) The ownership or harboring of the animal will not result in offensive noise or odors. Permission may be withdrawn by the Council for failure of continued compliance with subdivisions 2a through 2c above. Subd. 3: . Prohibited Animals. The ownership or harboring of the following animals within the City is specifically prohibited. a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese, sheep, goats, ducks and turkeys. b) Predatory animals usually found in the wild, including but not limited to lions, bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the monkey family. c) Animals, the importation or sale of which asa pet, is prohibited by state or federal law. d). Minnesota animals found in the wild, the hunting or trapping of which is totally prohibited or which requires a big game license. Section 104.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall be unlawful for the owner of any animal to permit the same to run at large anywhere in the City of St. Joseph other than the property of the owner thereof. Section I 04.03: ALL DOGS TO BE LICENSED --,- FEE. It shall be unlawful for any person to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph without having first obtained a license as herein provided. Any person who desires to maintain or preserve any right or property interest in such d()g or dogs shall annually procure a license for the dog so owned or harbored. The annual license fee shall be in an amount as established by resolution of the City Council and shall be paid to the City Clerk/Administrator. No license fee shall be required for any dog which is less than six (6) months old. Any person who fails to . obtain a license in accordance with this ordinance shall be assessed a penalty fee in an amount established by resolution of the City Council. This penalty fee is in addition to any fines or costs resulting from criminal prosecution in accordance with Section 104.16 below. No person shall operate a dog kennel within the corporate limits ofthe City of S1. Joseph, except in an area zoned for industrial use as may be permitted by a special use permit. Section 104.04: DOG LICENSES TO BE GRANTED BY CITY CLERK! ADMINISTRATOR. A dog license shall be granted upon payment to the City Clerk! Administrator of the fees above provided and shall continue to be in force until the 1 st day of April next succeeding the date of its issuance. Section 104.05: APPLICATION FOR DOG LICENSE. In applying for a dog license, the owner shall state in writing the name, sex, breed, age, color and marking of the dog for which the license is to be procured on forms provided by the City Clerk/Administrator. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies. Section 104.06: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must wear a collar around its neck, to which shall be attached a metal tag, distinctly marked with the year in which the same is issued, and a number designated by the City Clerk/Administrator, which number shall be stated in the license granted. Such metal tag shall be furnished by the City, and no other tag shall be issued as asubstitute therefore, except that in case any person owning a dog states in writing to the City Clerk! Administrator that the license tag theretofore issued has been lost, the City Clerk/Administrator shall be permitted to issue to such person a new tag upon payment by the applicant of the sum established by resolution of the City Council and payable to the City Clerk/Administrator. The new tag shall be in the same form as the original tag. It shall be unlawful for any person to make, sell, purchase or transfer in any way any such tag or counterfeit the same in any manner, or to place or permit to be placedany tag so made, sold, purchased, transferred or counterfeited, upon his dog or any dog in his custody or keeping or to place or permit to be placed any tag issued as aforesaid upon any other dog than ' the one for which such tag was originally issued by the City Clerk/Administrator. Section 104.07: RECORD OF LICENSE. The City Clerk/Administrator shall keep in a book to be provided for that purpose, a record of all dog licenses issued with the name and residence of the person to whom issued, and the number designated upon the metal tag furnished therewith. Section 104.08: SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog license inspector or any of his duly authorized assistants or any peace officer or any person duly authorized by a member of the Board of Health to capture, seize and deliver to the dog license inspector, or the keeper of a public pound any dog owned, harbored or permitted to run at large in violation ofthe provisions of Sections 1, 2, 5 or 10 of this Ordinance. Section 104.09: POSSESSION OF DOG - HOW RECOVERED. Any dog so seized and impounded may be redeemed by the owner thereof at any time within five (5) regular business days after such seizure and impoundment upon payment of a penalty in an amount as established by Resolution of the City Council, and a written statement of ownership, together with proof that a license has been duly issued for said dog or if no license has been previously issued upon paym~nt of the license fee together with the aforementioned penalty. If the owner of the dog seized or impounded under the provisions of this ordinance does not resume possession of said dog in compliance with the foregoing provisions within five regular business days after seizure or impoundment thereof, he/she shall forfeit all right to and property in such dog. For the Durpose of this section, "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of 8:00 A.M. and 7:00 P.M. Section 104.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which may be suspected of having hydrophobia rabies may be immediately seized whether on or offthe premises of the owner and may be impounded for such period as directed by the Health Officer. All costs incident to and part of such impoundment shall be paid by the owner of said dog. In . the vent the dog is determined to be rabid said animal shall be destroyed under the direction of the Health Officer. If the dog is determined not to be rabid, said dog shall be returned to is--its owner upon payment of all costs of impoundment. If the owner shall fail to pay the costs of impoundment within five. days after receiving written notice of the amount then the animal shall be destroyed or sold for impoundment costs. Whenever the prevalence of hydrophobia renders such action necessary, to protect the public health and safety, the Mayor may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises illlless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time affixed in the proclamation shall be killed by the police without notice to the owner. Section 104.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER. Any person owning or harboring an animal for three (3) consecutive days shall, for the purpose of this ordinance, be deemed the owner thereof, and if that person be a minor, the parent or guardian of the said minor shall be deemed to be the owner thereof. Section 104.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS. It shall be unlawful for any person to molest mistreat or in any way interfere with any peace officer, poundmaster, or any of their duly authorized assistants or with any duly authorized agent or any person authorized by the Health Officer while engaged in the performance of work under the provisions of this ordinance. Section 104.13: DESTRUCTION OF VICIOUS fJ'HMALSDANGEROUS ANIMALS. The Health Officer shall have the po'"yor to order the destruction of any dog or other animal \7/hich he may deem dangerous and vicious, \'/hother licensed or not, after three (3) days written notice to the owner thereof, and after affording the owner or keeper of such dog or other animal an opportunity to be heard. \Vhenever it shall appear to the satisfaction ofth(;;: Health Officer that any dog, \','hile flHming at large haG bitten one or more persono, such dog shall be deemed to be u vicious dog. Subd. 1: Definitions. For the purpose of this section, the terms defined have the meanings. given them. a) "Dangerous animal" means any animal that has: (1 ) without provocation. inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property. or; (3) been found to be potentially dangerous. and after the owner has notice that the animal is potentially dangerous. the animal aggressively bites. attacks. or endangers the safetv of humans or domestic animals. b) "Potentially dangerous animal" means any animal that: . (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's propertv.. in an apoarent attitude of attack: or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing inlury or otherwise threatening the safety of humans or domestic animals. c) "Proper enclosure" means securelv confined indoors or in a securelv enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage. or other structure that would allow the animal to exit of its own volition. or any house or structure in which windows are open or in which door or window screens are the only obstacles that orevent the animal from exiting. d) "Owner" means any person. firm. corporation. organization. or department possessing. harboring, keeping, having an interest in. or having care, custodv. or control of an animal. e) "Substantial bodily harm" means bodily iniury which involves a temporarv but substantial disfigurement, or which causes a temporary but substantial loss or impairment ofthe function of any bodily member or organ. or which causes a fracture of anv bodily member. f) "Great bodily harm" means bodily iniury which creates a high probability of death. or which causes serious pefilanent disfigurement. or which causes a permanent or protracted loss or impairment of the nmction of any bodily member or organ or other serious bodily harm. g) "Animal control authority" means the City Councilor any other agency or governmental subdivision of the State of Minnesota which is responsible for animal control operations in this iurisdiction. 11) "Killed" means to cause death or to inlure so badly that the owner of a domestic animal has no reasonable choice but to euthanize the domestic animal. Subd.2: Dangerous Animals: Registration. No person may own a dangerous animal within the corporate limits of the City unless the animal is registered as provided in this subdivision. a) An animal control authority shall issue a certificate of registration to the owner of a dangerous animal if the owner presents sufficient evidence that: (1 ) a proper enclosure exists for the dangerous animal and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous animal on the property: (2) . a surety bond issued by a surety companv authorized to conduct business. in this state in a fom1 acceptable to the animal control authority in the sum of at least $50,000, payable to any person iniured by the dangerous animal, or a policy ofliability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal iniuries inflicted by the dangerous animal: (3) the owner has paid an annual fee, as determined by the City Council, but in no case more than $500, in addition to any re€!ular animal licensing fees, to obtain a certificate of registration for a dangerous animal under this section: and (4) if the dangerous animal is a dog, the owner has had microchip identification implanted in the dangerous dog as required under subdivision} of tIns section. b ) Beginning six (6) months after an animal is declared a dangerous animal. an owner may request annuallv that the animal control authority review the designation. The owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind the dangerous animal designation. c) The provisions of this subdivision do not apply to dangerous dogs used by law enforcement officials for police work. d) Animals may not be declared dangerous if the threat, injury or damage was sustained by a person: (l) who was committing, at the time. a willful trespass or other tort upon the premises occupied by the owner of the animal; (2) who was provoking, tormenting, abusing. or assaulting the animal or who can be shown to have repeatedly. in the past, provoked, tormented, abused, or assaulted the animal: or (3) who was committing or attempting to commit a crime. e) A dan~erous do~ registered under this subdivision must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. The design of such tag shall be as determined by the State Commissioner of Public Safety. Subd.3: Microchip Identification. The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification. and the name of the microchip manufacturer and identification number oftlle microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case. all costs related to purchase and implantation of the microchip must be bome bv the dog's owner. Subd.4: Dangerous Animals - Requirements. a) An owner of a dangerous animal shall keep the animal. while on the owner!s property, in a proper enclosure. If the dangerous animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not more than * * feet in length and under the physical restraint of a responsible person no less than * * years of age. The muzzle must be made in a manner that will prevent the dog from biting anv person or~animal but that will not cause inlury to the dog or interfere with its vision or respiration. . b) An owner of a dangerous animal must renew the registration of the animal annually until it is deceased. Any dangerous animal brought into the City's iurisdiction must be registered with the animal control authority in the Citv' s iurisdiction within 14 days. c) . An owner of a dangerous animal registered in the City must notify the animal control authority in writing orthe death of the animal or its transfer to a new lurisdiction within 30 days of the death or transfer, and must ifrequested by the animal control authority,execute an affidavit under oath setting forth either the circumstances of the animal's death and disposition or the complete name, address. and telephone number of the person to whom the animal has been transfened. d) The animal control authority may require a dangerous animal to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense. e) A person who owns a dangerous animal and who rents property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will reside at the propertv. f) A person who sells a dangerous animal must notify the purchaser that the animal control authority has identified the animal as dangerous. The seller must also notify the animal control authority in writing of the sale and orovide the animal controlauthoritv with the new owner's nmne. address. and telephone number. Subd. 5: Corifiscation. a) The animal control authority having iurisdiction shall immediately seize any dangerous animal if: (1) after 14 days after the owner has notice that the animal is dangerous. the animal is not validly registered under subdivision 2; (l) after 14 days after the owner has notice that the animal is dangerous. the owner does not secure the proper liability insurance or suretv coverage as required under subdivision 2(a); (3) the animal is not maintained in the proper enclosure: or (4) the animal is a dog and is outside the proper enclosure and not under physical restraint of a responsible person as required under subdivision 4. b) If an owner of an animal is convicted of a crime for which the animal was originally seized. the court may order that the animal be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the animal. Subd.6: Reclaimed. A dangerous animal seized under subdivision 5 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the animal control authority that the requirements of subdivisions 2 and 4 will be met. A dog or cat not reclaimed under this subdivision within seven (7) days mav be disposed of as provided under section 104.14, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog or cat. Subd. 7: Subsequent Offenses; Seizures. If a person has been convicted of a misdemeanor for violating a provision of subdivisions 2 or 4, and the person is charged with a subsequent violation relating to the SaIne animal, the animal shall be seized by the animal control authority. If the owner is convicted of the crime for which the animal was seized. the court shall order that the animal be destroyed in a proper and humane manner and the owner pav the cost of confining and destroying the animal. If the person is not convicted of the crime for which the animal was seized, the owner may reclaim the animal upon payment to the animal control authoritv of a fee for the care and boarding of the animal. If the animal is not reclaimed by the owner within seven (7) days after the owner has been notified that the animal may be reclaimed. the animal may be disposed of as provided under section 104.14, and the owner is liable to the animal control authority for the costs incurred in confining. impounding. and disposing of the animal. . Subd. 8: Penalty. a) Any person who violates any provision of subdivision 2 or 4 is €!uilty of a misdemeanor. b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog. to fail to renew the registration of a dangerous animal. to fail to account for a dangerous animal'sdeath or removal from the iurisdiction. to sign a false affidavit with respect to a dangerous animal's death or removal from the jurisdiction. or to fail to disclose ownership of a dangerous animal to a property owner from whom the persoh rents property. Subd. 9: Destruction of Animal in Certain Circumstances. Notwithstanding subdivisions 2 to 8. an animal that inflicted substantial or great bodily harm on a human being on public or private propertv without provocation may be destroyed in a proper and humane manner by the animal control authority. The animal control authority may not destroy the animal until the animal's owner has had the opportunity for a hearing before an impartial decision maker. The definitions in subdivision 1 and the exemptions in subdivision 2( d) apply to this subdivision. Section 104.131 : STATE LAW ADOPTED. Those provisions of Minnesota Statutes Sections 347.50 to 347.56 reg:ulating dangerous dogs are hereby incorporated into this Ordinance and. in the case that this Ordinance directly contradicts the provisions in those statutes. the statutes shall preempt those parts of this OrDinance that are directly contradictory. Section 104.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of five (5) regular business days from the time a dog or cat is impounded as provided forin this ordinance, if said dog or cat has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the license inspector to cause such dog or cat to be disposed of in accordance with the most humane and approved methods as directed by the Health Officer. For the purpose of this section. "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of8:00 A.M. and 7:00 P.M. Section 104.15 : REMOVAL OF DOG EXCREMENT. Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person, unless such person has in his or her immediate possession a device for the removal of the excrement and a depository for the transmission of excrement to a proper receptacle located upon property owned or possessed by such person. Subd. 2: It shall be unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person, to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person. Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an unreasonable accumulation of dog excrement upon property owned or possessed by such person. An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor which can be detected from adjacent property, which is unsightly or offensive to the sight or which creates a public health risk. Section 104.16: PENALTY. Any person violating any of the provisions of the Ordinance shall be deemed guilty of a misdemeanor. CITY COUNCIL RESOLUTION 2006-039 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE H2 (REGULATING EXTERIOR SOLID FUEL-FIRED HEATING DEVICES) RECITALS: WHEREAS, the City Council for the City of St. Josephhas passed Ordinance 112, entitled "Regulating Exterior Solid Fuel-Fired Heating Devices". " . WHEREAS, the City of S1. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public ofthe intent and effect ofthe Ordinance. 2. Publication. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Adopted this _ day of , 2006, by a vote of _ in favorand _ opposed. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy.Weyrens, Administrator/Clerk CITY OF ST. JOSEPH ORD~NANCE 112 (REGULATING EXTERIOR SOLID FUEL-FIRED HEATING DEVICES) SUMMARY PUBLICATION The City of S1. Joseph has adopted an ordinance entitled Regulating Exterior Solid Fuel- Fired Heating Devices. The purpose of this new Ordinance is to establish minimum standards for exterior solid fuel-fired heating devices, including both a minimum setback from property lines and installation requirements. These requirements are developed to minimize the potential nuisances created by these appliances, such as smoke and/or cinders. This Ordinance includes: 1) definitions; 2) permits; and 3) additional requirements. This material is a summary of Ordinance 112. The full text of the Ordinance is available for inspection by any person during regular office hours at the office of the St. Joseph City Administrator-Clerk. This summary publication was adopted by the City Council of 81. Joseph on the_ day of , 2006, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This summary publication was published on ,2006. L:\city\stioe\2006 1 ORDINANCE 112 AN ORDINANCE REGULATING EXTERIOR SOLID FUEL-FIRED HEATING DEVICES The Council ofthe City ofS1. Josephhereby ordains: That the S1. Joseph Code Book is amended by the addition of Ordinance 112. Ordinance 112 shall state as follows: "Section 112: EXTERIOR SOLID FUEL-FIRED HEATING DEVICES Section 112.01: INTENT AND PURPOSE. The purpose ofthi8 Ordinance is to establish minimum standards for exterior solid fuel-fired heating devices, including both a minimum setback from property lines and installation requirements. These requirements are developed to minimize the potential nuisances created by these appliances, such as smoke and/or cinders. Section 112.02: EXTERIOR SOLID FUEL-FIRED HEATING DEVICES. Subd. 1. Definitions. The following words and terms, as used in this subsection, shall be construed as herein defined. Exterior Solid Fuel-Fired Heating Device - An external device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel- fired stoves, fireplaces, solid fuel-fired cooking stoves, and combination fuel furnaces or boilers which burn solid fuel. Solid fuel-fired heating devices do not include natural gas-fired fireplace logs. Public Nuisance - Maintaining or permitting a condition which unreasonably annoys, injures or endangers the health, morals, decency, safety, or public peace so that such adivities affect the comfortable enjoyment of life or property. Subd. 2. Permits. A mechanical permit shall be required to install any exterior solid fuel-fired heating device within the City. Subd.3. Additional Requirements. a. Exterior solid fuel-fired heating devices shall be located at least seventy- five (75) feet from any property line and shall not be located in the front yard. b. All exterior solid fuel-fired heating devices installed or purchased within the City are required to meet the emission standards currently required (or as may be amended from time to time) by the Environmental Protection Agency (EPA) and Underwriters Laboratories (UL) listing. c. All exterior solid fuel-fired heating devices are subject to regulation as public nuisances as described in this Section. d. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, are declared a public nuisance and are hereby made subject to regulation and control by a properly designated authority. e. .All exterior solid fuel-fire heating devices installed within the City shall be listed and labeled by a nationally recognized testing laboratory and installed according to the manufacturer's recommendations. t The follow material shall not be used or burned in exterior solid fuel-fired heating devices: grass leaves, oils, rubber, plastics, tires, railroad ties, construction debris, and painted or chemically treated materials such as treated lumber, composite shingles, tar paper, insulation composition board, sheetrock, wiring, paint, and hazardous and industrial solid waste." This Ordinance is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This Ordinance was published on ,2006. L:\CITY\STJOE\2006 I Attachment Yes or No REQUEST FOR COUNCIL ACTION Refunding Resolution DATE: November 16,2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Administrator Report - Refunding Resolution PREVIOUS ACTION The Council has previously approved the improvements to 8th Avenue NE and we were considering issuing bonds through S1. Joseph Bank. However, since the city will be constructing improvements in 2007 (Jade Road) we are proposing to add 8th Avenue to that project for financing purposes. Since the project is relatively small, the City can self finance the project until 2007. This has been done in the past with other projects as it makes more sense to combine the projects and make one payment. RECOMMENDED COUNCIL ACTION Authorize execution of the Refunding Resolution FISCAL IMPACT COMMENTS/RECOMMENDATIONS The Resolution will be presented at the meeting on Thursday evening I Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: November 16.2006 ORIGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Transportation Plan Map updates - For Information Only PREVIOUS ACTION 2ND Public Open House Meeting RECOMMENDED COUNCIL ACTION FISCAL IMPACT COMMENTSIRECOMMENDA TIONS Attached are the updated Future Transportation Network Map showing traffic forecasts and the Future Trails Map. 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FUTURE TRAIL FUTURE TRAIL FUTURE SlD['dlK r....~ FUTURE SIDEWALK TRAIL MAP ST, JOSEPH, MINNESOTA Attendees: Purpose: District 742/Rivers Bend Organizational Meeting October 5, 2006 District 742 - Kevin Januszewski, Al Haus, David Leapolt, Steve Poosch Rivers Bend - Rick Packer City- JudyWeyrens, Tracy Ekola, Tom Jovanovich, Dick Taufen, Ron Wasmund, Lee Gladistch Steams County - Mitch Anderson, Jodi Teich To discuss the proposed development timeline, infrastructure development, and expectations. The following is a summary of the purpose discussions: Proposed Timeline District 742 River's Bend City The completion date is scheduled for July 2008. With that in mind, site development must begin in Spring of 2007. Utilities must be ready by August of 2007. Identified main issue is to assure access to the site. Originally intended to install utilities in fall of 2007, but has committed to providing utilities to the school when needed. Due to the soils he would prefer to install utilities in late fall. Packer agreed to look at the schedule and determine if the utility work will begin in fall of 2006 or early 2007. Regardless they will be available when the school needs them. As the project will be assessed the City will need to schedule the public improvement hearing. This process should begin in 2006 so that the project can be bid in February or March. Re-location Street/Utility Construction Turn Lanes Intersection Access Easements Fees The development requires that Jade Road be reconstructed and re-aligned. The new alignment has been determined through the platting process. The City needs to know how far Jade Road will be constructed as the City will complete the project as a 429 project. The exact distance of Jade Road to be constructed will be dependent upon the school site. The School will define the site so this aspect can be planned. The project will be specially assessed with the developer carrying the cost of the deferred assessments. The City will enter into a re-capture agreement. The full turn lanes will be constructed on CR 121 and Jade Road as part of the improvement project. It is anticipated that the financial responsibility for the turn lanes is 2/3 school and 1/3 developer. At this time intersection controls at CR 121 and Jade Road will consist of stop signs on Jade Road. The plat accommodates the needed ROW for future signal lights. If signal lights are installed, the county will be responsible for 2 legs and the school/developer will be responsible for the remaining 2 legs. Their was discussion on the need for construction access. Mitch Anderson stated that any construction access off CR 121 must be temporary and minimal. Utility Easements will be needed through the school property. The location can be determined through the site p~anning process. Ron Wasmond will work with the GL T on the water and sewer access fees. The Storm water fee will be part of the development costs through Arcon. The only other development fee is the water and sewer lift station charges which will be calculated with the water and sewer access fees. The fee is based on $ 150/each per acre. Task Assignments District 742 . Provide the City with a site plan ASAP so that the improvement process can begin Developer . Provide a tentative date for the installation of utilities City . Review the Ordinance and outline the zoning process that will be required of District 742. . Review the preliminary plat completed by Arcon and verify if the first phase of River's Bend has completed the review process and if the Developers Agreement is ready for execution. Future Meeting To assure the project continues to move forward, the City will continue to coordinate monthly meetings with the school, county and developer. The meetings will be held on the first Thursday of each month at 11 :30 AM.