The URL can be used to link to this page

Home My WebLink About2006 [12] Dec 21 {Book 39} Call to Order Approve Agenda Consent Agenda a. Bills Payable - Requested Action: Approve check numbers 038198 ~ 038241. b. Minutes - Requested Action: Approve the minutes of November 30 and December 7, 2006. c. 2007 Budget - Approve Resolution 2006~046 Adopting the 2006 Tax Levy, Collectible in 2007. d. Ordinance Amendments - Requested Action: Clarify that the Amendments to the Ordinances 52,11, 52.21, 52.09, 54, 51, 56, 52.27, 52.34, 52.12, 52.32, 52.33, 84 and 44 were approved on December 7, 2006 and the same was to be published. e. Ordinance Amendments - Requested Action: Clarify that Resolutions 2006-040, 2006- 041,2006-042,2006-043 and 2006-044 were approved on December 7, 206 authorizing that the amendments to Ordinances 52.11, 52.21, 52.09, 51 and 84 be published by summary publication. f. SCA WAC Report - Requested Action: Clarify that the City supports the Sf. Cloud Area Wastewater Treatment Facility - Facilities Plan Completed by Black & Veatch Corporation by City Council Resolution 2006-045 rather than 2006-050 as approved on December 7, 2006. g. Application for Payment - Requested Action: Authorize the Mayor to execute Pay Application # 3 for the Centennial Park Pavilion Project and authorize payment to W. Gohman Construction in the amount of 22,874. h. Liability Insurance - Requested Action: Authm'ize the Administrator to execute the LMCIT Liability Coverage Waiver Form, verifying that the City does not waive the monetary limits on tort liability. i. AFSCME Labor Contract - Requested Action: Authorize the Mayor and Administrator to execute the Labor Agreement between the City of Sf. Joseph and AFSCME for the contract years 2007-2008. J. Data View On Line - Requested Action: Authorize execution of the contract between the City of Sf. Joseph and SEH for Data View On Line. k. Donation - Requested Action: Accept the donation of an AED from the Central MN Heart Center. 4. Public Comments to the Agenda 5. City Engineer Reports a. 2007 Jade Road Improvements 6. Mayor Reports 7. Council Reports 8. Administrator Reports a. Sales Tax - Joint Powers Agreement b. Proposed Liquor Ordinance Update 9. Adjourn . Administrdtor Judy Weyrens. MdYor Richdrd Cdrlbom. 1. 2. 3. Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick W/WW. cityofstjoseph. com CITY Of ST..JOSEPH Sf. Joseph City Council December 21,2006 3:30 PM 1. Tour of Water Filtration Plant 1. Meadowvale Lawsuit CLOSED MEETING 5:00 PM 1. St. Joseph Transportation Plan 6:00PM 7:00 PM 2.') College Avenue North, PO Box bb8 . Sdint. Joseph, Minnesotd .,6j74 Phone j2.0.,6j.72.Cl! Fax j2.0.j6).0142 ST. JOSEPH CITY COUNCIL DECEMBER 21, 2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 1. 2. 3. 4. ".. .~ 1,'IJ ". "} < ... iT .' / ,.} . 5. I P' LL.//...d.2~~ {.Ij '.;'--1..''P.{}J/ 1t~'0 .~.~ ~~~ ~M~-G/~~ - 7 j'-1 j - , \,,/ j ttyJ .Iv} ,,( ..pt {/ {t/..f ( t ',.....,.., I,' - . ,,' / 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ADDRESS &'x :3 2d-- 1 ~, ~ _.- , (> ( 3 ($-/ <'- 56- / d-g- ~ {Qt--~. / .... .-" "".,/ l} /'h. ~~ S c::.- c..::> L.. /'-'.:V /-./ V c. . "J.y'-""./~.-.?-.t 1 /')"j / 7vu/ &;~'0<. S ~~ / I;)";. (/~1...11'..:/.A1Lj lotI ~~d~ Iv!, ~/~~ ~,,"~P/'-/ , M,~7(?.sr//- ./frJ ii&l{C~ City of St. Joseph Bills Payable Page 1 December 18, 2006 Check # Search Name Comments Amount FUND DEPART OBJ 038198 FIRST STATE BANK-CUSTOMER JT Jones ACH Charge $2.00 101 41530 200 038198 FIRST STATE BANK-CUSTOMER Weisbrich D-NSF $6.00 601 49440 310 038198 FIRST STATE BANK-CUSTOMER Payroll ACH charges $20.00 101 41530 200 038199 EFTPS Fed Tax W/H Reg pp 25 & Con 12 $3,755.61 101 038199 EFTPS SS Reg pp 25, Reg pp 25.1, Con 12 & Fire 2 $6,505.98 101 038199 EFTPS SS Reg pp 25, Reg pp 25.1, Con 12 & Fire 2 $2,113.00 101 038200 COMMISSIONER OF REVENUE Reg pp 25 & Con 12 $2,879.61 101 038201 PERA retirement pay-Reg pp 25 & con 12 $5,188.35 101 038202 ING LIFE INS & ANNUITY COMPANY deferred comp pay-Reg pp 25 $225.00 101 038203 W. GOHMAN CONSTRUCTION Centnnial ParR-pay app #2 $56,122.00 205 45203 531 038204 AFSCME COUNCIL 65 dues-December $346.00 101 038205 LAW ENFORCEMENT LABOR Clues-December $222.00 101 038206 LEAGUE OF MN CITIES INS TRUST Claim 11058279 Pickup Deductible $500.00 601 49440 220 038207 ACCLAIM BENEFITS administration $3.70 . 603 43230 137 038207 ACCLAIM BENEFITS administration $33.35 101 42120 137 038207 ACCLAIM BENEFITS administration $11.11 101 41530 137 038207 ACCLAIM BENEFITS administration $11.11 101 45202 137 038207 ACCLAIM BENEFITS administration $14.81 601 49440 137 03.8207 ACCLAIM BENEFITS administration $3.70 602 49490 137 038207 ACCLAIM BENEFITS administration $22.22 101 41430 137 038208 ACCLAIM BENEFITS-REIMB Med Reimbursement #205 $129.54 101 038208 ACCLAIM BENEFITS-REIMB Med Reimbursement #1455 $25.39 101 038208 ACCLAIM BENEFITS-REIMB Med Reimbursement #205 $40.00 101 038208 ACCLAIM BENEFITS-REIMB Daycare Reimbursement #498 $333.00 101 038209 ALL STAR TROPHEY annual awards $128.40 105 42210 200 038210 ALLIED WASTE SERVICES November usage $134.40 101 45202 384 038210 ALLIED WASTE SERVICES November usage $14,982.84 603 43230 384 038210 ALLIED WASTE SERVICES November usage $67.20 602 49490 384 038210 ALLIED WASTE SERVICES November usage $67.20 105 42220 384 038211 ASSEMBLED PRODUCTS "Joto Desk" parts $94.04 101 42120 220 03821.1 ASSEMBLED PRODUCTS "Joto Desk" parts $61.38 101 . 42120 220 038212 C & L EXCAVATING 8th Ave NE Impr-Pay App 2 $56,930.48 440 43120 530 038213 CAMERA TRADER Photo Processing $4.68 101 42120 210 038214 CENTRAL MCGOWAN Medical Oxygen $60.38 105 42270 210 038215 CITY OF ST. CLOUD sewer rental charges-November $12,000:02 602 49480 419 038216 COMPLETE ELECTRONICS DVDNCR player $100.00 101 42120 240 038216 COMPLETE ELECTRONICS 13" TV w/remote $50.00 101 42120 240 038216 COMPLETE ELECTRONICS 20" TV $75.00 101 42120 240 038217 EMERGENCY APPARATUS MAl NT. tested gauges Engine #2 $407.26 105 42260 220 038217 EMERGENCY APPARATUS MAl NT. gauge repair Engine #1 $258.25 105 42260 220 038218 HARDRIVES sand & salt $4,853.24 101 43120 210 038219 JM GRAYSTONE OIL CO., INC diesel fuel $84.65 105 42220 210 038219 JM GRAYSTONE OIL CO., INC gas-November $190.52 101 43120 210 038219 JM GRAYSTONE OIL CO., INC gas-November $190.52 601 49440 210 038219 JM GRAYSTONE OIL CO., INC gas-November $190.51 101 45202 210 038219 JM GRAYSTONE OIL CO., INC postage tests $17.39 602 49490 322 038219 JM GRA YSTONE OIL CO., INC gas-November $190.52 602 49490 210 038220 JOHN T JONES Water Treatment Plant Pay App $409,988.99 434 49440 530 038221 KEEPRS, INC/CY'S UNIFORMS Brill, Sh-US Tex Shirt $53.20 101 42120 102 038221 KEEPRS, INC/CY'S UNIFORMS P Jansky-vest cover $99.95 101 42120 171 038221 KEEPRS, INC/CY'S UNIFORMS handcuff key-M Johnson $7.40 101 42120 171 038221 KEEPRS, INC/CY'S UNIFORMS D Pfannenstein $140.43 101 42120 171 038221 KEEPRS, INC/CY'S UNIFORMS 2-Rheostat liltlelite $112.78 101 42120 240 038222 LEEF BROS SepUOct Allowance $139.92 601 49440 171 038222 LEEF BROS November Allowance $69.96 101 43120 171 038222 LEEF BRCS November Allowance $69.96 602 49490 171 038222 LEEF BROS November floor mats $51.02 101 42120 220 038222 LEEF BROS November floor mats $79.54 101 41430 220 038223 MAIER TYPEWRITER SERVICE ink cartridges $92.44 101 41430 200 City of St. Joseph Bills Payable December 18, 2006 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 038224 MEDTRONIC L1FEPAK Defibrillator Software Solutions $80.00 101 42120 215 038225 MINNESOTA ELEVATOR, INC service-December $82.57 101 41942 220 038226 MINNESOTA TRAVEL MANAGEMENT Lease 5244 $889.50 101 42152 414 038226 MINNESOTA TRAVEL MANAGEMENT Lease 6073 $977.40 101 42152 414 038226 MINNESOTA TRAVEL MANAGEMENT Lease 6002 $586.44 101 42152 414 038226 MINNESOTA TRAVEL MANAGEMENT Lease 5556 $874.80 101 42152 414 038227 MUNICIPAL DEVELOPMENT CORP eda contract hours-November $2,355.34 150 46500 300 038228 OFFICE MAX extension cable $4.27 101 41430 200 038229 ONE CALL CONCEPTS, INC notification-November $34.80 602 49490 319 038229 ONE CALL CONCEPTS, INC notification-November $34.80 601 49440 319 038230 PRINCIPAL LIFE Dental-Life Ins-January $2,135.67 101 038231 R. L. LARSON EXCAVATING, INC Hill Str Impr-Pay app 8 $38,166.72 433 43120 530 038232 RENGEL PRINTING Letterhead $348.79 101 41430 200 038232 RENGEL PRINTING Bus Cards-Carlbom $33.54 101 41310 200 038232 RENGEL PRINTING Bus Cards-Symanietz, Frank $67.10 101 41110 200 038233 SEH ArcView License $1,613.48 101 41430 215 038234 ST. CLOUD FIRE EQUIPMENT recharge ABC-Dry Chem $26.00 101 42120 220 038234 ST. CLOUD FIRE EQUIPMENT recharge ABC-Dry chem $26.00 101 42120 220 038235 ST. JOSEPH NEWSLEADER Skating Rink Ad $24.00 101 45202 340 038235 ST. JOSEPH NEWSLEADER Board Vacancy $24.00 101 41120 340 038236 STREICHER'S .40 SW Pistol $644.33 101 42120 240 038236 STREICHER'S repair-SW-P 26601 $122.42 101 42120 220 038237 TORBORG,RANDY reimbursement for Cellphone $546.00 105 42250 321 038238 UNUM LIFE INSURANCE disability insurance-January $516.27 101 038239 VERIZON WIRELESS cell phone $38.87 602 49490 321 038239 VERIZON WIRELESS cell phone $35.42 101 45202 321 038239 VERIZON WIRELESS cell phone $48.85 101 41430 321 038239 VERIZON WIRELESS cell phone $35.42 101 43120 321 038239 VERIZON WIRELESS cell phone $227.65 101 42151 321 038240 WERNER ELECTRIC SUPPLY returned bulbs -$20.85 101 45202 210 038240 WERNER ELECTRIC SUPPLY bulbs $55.51 101 41942 220 038240 WERNER ELECTRIC SUPPLY bulbs $154.65 101 45202 210 038240 WERNER ELECTRIC SUPPLY bulbs $66.61 101 45201 210 038241 XCELENERGY Nov Usage $94.01 602 49470 381 038241 XCELENERGY Nov usage $3.37 105 42280 381 038241 XCELENERGY Nov Usage '$3.22 101 42500 326 038241 XCELENERGY Nov Usage $606.69 101 41942 381 038241 XCELENERGY Nov Usage $420.32 101 41941 383 038241 XCELENERGY Nov Usage $282.44 101 41941 381 038241 XCEL ENERGY Nov Usage $23.16 101 45123 383 038241 XCELENERGY Nov Usage $10.73 101 45123 381 038241 XCELENERGY Nov Usage $30.78 101 45202 381 038241 XCELENERGY Nov Usage $2,066.43 101 43160 386 038241 XCELENERGY Nov Usage $28.86 101 42610 386 038241 XCELENERGY Nov Usage $95.64 601 49410 383 038241 XCELENERGY Nov Usage $184.53 602 49480 383 038241 XCELENERGY Nov Usage $85.86 101 45201 383 038241 XCELENERGY Nov Usage $21.30 602 49471 383 038241 XCELENERGY Nov Usage $329.52 601 49410 381 038241 XCELENERGY Nov Usage $468.81 101 41942 383 038241 XCELENERGY Nov Usage $193.61 601 49435 381 038241 XCELENERGY Nov Usage $329.52 601 49420 381 038241 XCELENERGY Nov Usage $39.96 101 43120 381 038241 XCELENERGY Nov Usage $695.32 601 49410 381 038241 XCELENERGY Nov Usage $128.79 101 43120 383 038241 XCELENERGY Nov Usage $29.43 101 45201 381 038241 XCELENERGY Nov Usage $44.14 101 43120 381 038241 XCELENERGY Nov Usage $9.86 101 45201 381 038241 XCELENERGY Nov Usage $14.80 101 43120 381 038241 XCELENERGY Nov Usage $346.22 602 49480 381 $638,001.64 DRAFT November 30, 2006 Page 1 of 2 Pursuant to due call and notice thereof, the City. Council for the City of St. Joseph met in special session on Thursday, November 30,2006 at 6:00 PM in the St. Joseph City Hall. . Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Reoresentatives Present: CitY Finance .Qfficer Leslie Valiant, City Engineer Tracy Ekola Others Present: Ellen Wahlstrom, Bob Wahlstrom, Michael McDonald, Steve Olson Mayor Carlbom opened the public hearing andstated the purpose of the hearing is to discuss the proposed bud.get and levy for 2007. . Weyrens reminded the Council that action on the budget cannot occur at this time. The Statute requires that at least three days p~ssbetween the closure of the public hearing and the adoption of the 2007 Budget and Levy. Weyrensalso reminded those present that the bucjgetbeingdiscussed is the. General Fund Budgetand levy requirements for the Debt Service funds. Atthis timeCarlbom turned the floor over the Finance Officer Leslie Valiallt. Valiant presented the following information: Real.. Es.tate Tax Comparison This table illustrates the irnpactof the. proposed budget on specific home values. This chart assumes that the home value is constant. Summary of Proposed Levy This chart illustrates the proposed budget as preliminarily certified and the proposed tax rate. 2007 2006 2005 2004 Net Tax Capacity 3,047,389 2,630,977 2,198,826 1,862,341 2006 Initial Tax Rate - 48.577% Growth Rate 16.07 19.65 18.07 22.87 Average Growth Rate - 19.165% Reduction Reduction Net Levy on Initial in Tax Levy Initial Amount in Tax Levy Initial Amount Taxable Value Tax Rate & Budget Tax Rate of Change & Budget Tax Rate of Change Revenue 988,569 32.440% 957,611 31.424% -1.016% 927,611 30.440% -2.000% Bond 1998 2,50 0.082% 2,50 0.082% 0.000% 2,50 0.082% 0.000% Bond 1999 29,86 0.980% 29,86 0.980% 0.000% 29,863 0.980% 0.000% Bond 2002 47,000 1.542% 47,00 1.542% 0.000% 47,000 1.542% 0.000% Bond 2003 126,628 4.155% 126,628 4.155% 0.000% 126,628 4.155% 0.000% Bond 2004 95,50 3.134% 95,50 3.134% 0.000% 95,50 3.134% 0.000% Bond 2005 173,00 5.677% 173,00 5.677% 0.000% 173,000 5.677% 0.000% Bond 2006 125,00 4.102% 125,00 4.102% 0.000% 125,000 4:102% 0.000% Total 1,588,060 52.112% 1,557,10 51.096% -1.016% 1,527,102 50.112% -2.000% DRAFT November 30,2006 Page 2 of 2 At this time Mayor Carlbom opened the floor for comments and questions. Carlbom requested that those present limit their comments to five minutes. Steve Olson of 312 Iris Lane East spoke in opposition to the proposed budget. Olson stated that based on his property tax statement his taxes will increase 13% of which 7.25% represents an increase in market value. Olson questioned why the taxes continue to increase and if the Council can reduce the budget/spending. Mike McDonald of213-13th AvenueSEquestioned the proposed increase in taxes. McDonald stated that over the last twc) years his taxes have increased approximately 14.5% and stated the Council needs to looking at spending. policies and where cuts can be made. He recognizes that difficult decisions must be made but he has been in those types Of situations and .it is never easy. He stated that he is unaware of the type of benefits the City offers, but it is his understanding that the largest portion of the budget is related to such. Ellen Wahlstrom of 1314 East MN Street objected to the proposed tax levy and stated that many of the residents live on fixed incomes and it appears, as the trend is to keep increasing taxes. Wahlstrom stated that if the rates keep increasing residents could be taxed out of their homes. Mike McDonald of 213 - 13th Avenue SE questioned what if any reserve balance the City is carrying. Weyrens stated that the Council has adopted a policy whereby the minimum reserve balance will be equal to six months of expenditures. At this time the City does have a reserve equal to six months. McDonald questioned whether or not the City could use one month's reserve to help offset the proposed increase. Carlbom,stated that he would cautio,n reducing the rese,rve balance as it may have ramifications when bonding for future projects. Weyrens agreed to consult with Bond Counsel to determine the affects of reducing the reserve balance. Weyrens stated that it is difficult to determine the exact affect of the proposed increase as most residents also experience an increase in market value. If home values were stagnant the increase would simply be a multiplication of the tax rate. Wahlstrom questioned who determines the market value to which Weyrens replied Stearns County. Minnesota Statutes sets forth the guidelines for determining market value. The City Assessor annually must review the property and the property value should be within 10 percent of the selling price/market value. Most residential homes experienced an increase of between 5 and 7 percent. Therefore, when reviewing the proposed increase the market value must also be reviewed. Jane Reber of 1314 East MN Street requested the Council review the proposed budget and consider the impact to the residents.of St. Joseph. Reber stated that as a retired resident itbecomes difficult with increasing taxes and fees. Rassier, stated that he believes the Council should re-evaluate annually fees and services and explore joint ventures with surrounding Cities.Carlbom stated that the City currently meets with the Area Cities on a regular basis to discuss any collaborative efforts. Carlbom questioned the Council if they wished to close the public hearing or leave it open until December 7,2006. Weyrens reminded the Council that if the hearing is kept open a decision cannot be made until three days have passed from the time the hearing has closed. Symanietz made a motion to continue the Truth and Taxation Hearing until 7:00 PM, December 7, , 2006 so that additional information could be obtained. The motion was seconded by Wick and passed unanimously. Judy Weyrens Administrator December 7, 2006 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 7,2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Renee Symanietz, Ross Rieke, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola Others Present: Ellen Wahlstrom, Thomaseth Scheeler, Bob WClhlstrorn Approve Aqenda: Symanietz made a motion to approve the agenda with the following additions: 10d LELS Contract 7.5 Engineer Reports - Safe School Grant 3b To include the Fire Department Report along with the bills payable The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes - Approve the minutes of November 16 and 30, 2006. b. Bills Payable - Approve check numbers 038128 - 038197. c. Interim Use Permit - Accept the recommendation of the Planning Commission and issue an Interim Use Permit to Ryan Lieser, 403 1st Avenue NE, allowing an owner occupied rental. d. Gambling Application - Accept the Lawful Gambling Premises Permit Application for the St. Joseph Lions to conduct gambling at the La Playette, 19 College Avenue N, St. Joseph, MN 56374. e. Annual Liquor Licenses - Approve the annual liquor licenses to include On/Off Sale Non-intoxicating liquor, Cigarette Licenses, Amusement and Entertainment Licenses. f. Change Order - Authorize execution of Change Order #3 for the Centennial Park Project replacing the seeding with sod. Additional contract price of $1,956. g. Application for Payment - Approve Pay Application #2 for the Centennial Park Pavilion Project and authorize payment to W. Gohman Construction in the amount of $56,122.00. h. Application for Payment - Approve Pay Application #9 for the Water Treatment Plant Project and authorize payment to John T. Jones Construction in the amount of $409,988.99. i. Application for Payment - Approve Pay Application #8 for the 2005 Hill Street/3rd Avenue SW Improvements and authorize payment to R.L. Larson Excavating in the amount of $38,166.72 j. Application for Payment - Approve Pay Application #2 for the 2006 8th Avenue NE Improvement Project and authorize payment to C & L Excavating in the amount of $56,930.48. k. Equipment Purchase - Authorize the purchase of a camera for the Council Chamber at an estimated cost of $ 2,500. The motion was seconded by Wick and passed unanimously. Public Comments to the Aoenda: No one present wished to speak. Truth & Taxation - Continuation Hearino: Weyrens advised the Council that at the initial hearing, the Council agreed to continue the hearing so that additional information could be obtained. As a result, due to MN Statutes, the Council cannot act on the proposed budget until at least three days pass from the end of the hearing to budget adoption. At this time Mayor Carlbom re-opened the public hearing. December 7,2006 Page 2 of 7 Ellen Wahlstrom, 409 8h Avenue NE, approached the Council with some questions pertaining to past budget information that she had received. In October, she had some information that showed the cash and investment balance for the 2002 Street Improvement Project. Wahlstrom questioned why the balance on the October statement was higher than that at the beginning of the year. Weyrens advised Wahsltrom that this is due to the fact that the revenue is received throughout the year and the bond payment is made at the end of the year. Since the project was financed with public funds (bonds), the fund will stay active for 15 years. Wahlstrom also questioned the financing of the Water Filtration Plant. Weyrens stated that the Water Filtration Plant was bonded for; however, re-payment will be through user fees and development fees rather than through tax levy. The current residents are only paying for the portion of the plant that is an enhancement, with the majority of the debt paid through development fees. In reference to some information received in August, Wahlstrom questioned the final budget revenue proposed for 2007. She stated that it appeared to be the same as the 2007 budget expenditures. Weyrens explained that when the City prepares its budget, they must first plan for the City's expenses and the shortfall is funded through the tax levy. Their being no one further to comment, the hearing was closed. Weyrens presented the Council with a summation of past budget meetings and presented the following budget cuts: 1. Potential Health Insurance Reduction 2. Potential Capital Reduction ($10,000) ($10,000) Proposed tax levy as of December 7, 2006 $988,569 ($30,958) ($30,000) ($20.000) $907,611 The initial tax levy submitted on September 15, 2006 October Reductions November Reductions December Reductions Weyrens advised the Council that the 2006 Tax Capacity Rate was 48.577%. However, the suggested Tax Capacity Rate after all reductions is 49.46%, which results in a 0.879 Tax Capacity Rate Increase. Wick made a motion to notify the public that the Council will take action to adopt the 2007 Budget on December 21,2006 at 7:00 PM. The motion was seconded by Symanietz and passed unanimously. Delinquent Utilitv Bill HearinQ: Mayor Carlbom called the hearing to order. With no one present to speak, the hearing was closed. ZoninQ Ordinances - Amendments/Adoption: Weyrens stated that the Planning Commission spent several months working on updating the City's Zoning Ordinances. A public hearing was held on December 4,2006. At that hearing, only one person spoke and it was regarding when the moratorium on signs would be lifted. The Council agreed to consider adoption of each Ordinance independently and those Ordinances requiring summary publication would be considered after all the Ordinances have been reviewed. Ordinance 52.11 - Reaulation of Sians: This Ordinance was updated to clarify the language allowed on signs within the City. Wick made a motion to adopt the amendment to Ordinance 52.11; seconded by Rieke and passed unanimously. December 7,2006 Page 3 of 7 Symanietzmade a motion to lift the moratorium on signs; seconded by Rassier and passed unanimously. Wick clarified that the Ordinance must first be published to be effective before lifting the moratorium. Weyrens stated that people can apply for sign permits, but they would not be issued until the Ordinance is published. . The motion passed unanimously. Ordinance 52.21 - Transportation Corridor Overlav District Site and Deskm Standards: The purpose of this Ordinance is to add aesthetics to the main corridors (Hwy 75, CR2, CR3, 20th Avenue). Wick made a motion to approve Ordinance 52.21; seconded by Rassier and pas.sed unanimously. Ordinance 52,09 - PUD - Planned UnitDevelopment Overlav District: The purpose of this Ordinance is to set requirements and procedures for managing mixed-developments. It also adds criteria for when credits should be given to developers. There is a clause that states that the developer cannot grade the land within 10 years of application for the PUD. Symanietz made a motion to approve Ordinance 52.09; seconded by Wick. Ayes: Symanietz, Wick, Rassier, Carlbom Nays: Rieke Motion Carried 4:1:0 Ordinance 54 - Subdivision Reaulations: This Ordinance was amended stating that park and trail plans are required as part of the Preliminary Plat process. Rassier made a motion to approve Ordinance 54; seconded by Wick and passed unanimously. Ordinance 51 - Buildina Ordinance: This Ordinance was amended to add regulations regarding the need for building numbers and key boxes. Wick made a motion to approve Ordinance 51; seconded by Symanietz and passed unanimously. Ordinance 56 - Fence Ordinance: This Ordinance was amended to add restrictions for installing fences over public easements. Symanietz made a motion to approve Ordinance 56; seconded by Rassier. Wick questioned why the fences must be made of maintenance free material rather than wood. Weyrens explained that wood needs to be maintained and therefore needs extra footage. Ayes: Symanietz, Rassier, Carlbom, Rieke Nays: Wick Motion Carried 4:1:0 Ordinances 52.27- R1 Sinale Familv Residence District. 52.28 - R2 Two Familv Residence District. 52.29 - R3 Multiple Familv Residence District and 52.34 - LI Uaht Industrial District: These Ordinances were amended to clarify the setbacks for accessory buildings as well as the maximum amount of impervious surface allowed. Wick made a motion to approve Ordinances 52.27, 52.28, 52.29, and 52.34. The motion was seconded by Rassier and passed unanimously. Ordinance 52.12 - General Performance Standards: This Ordinance was amended to clarify the setbacks for accessory buildings, as some require a building permit and others do not. For accessory buildings less than 120 sq. ft., a building permit is not required and there is a setback December 7,2006 Page 4 of 7 of 5ft. Those greater than 120 sq. ft. require a permit and have a setback of 10ft. It also states that all accessory buildings must be placed in the backyard. Wick made a motion to approve Ordinance 52.12; seconded by Symanietz and passed unanimously. Ordinances 52.31 ~ B1 Central Business District, 52.32 - B2 Hiahwav 75 Business District, and 52.33 - B3 General Business District: These Ordinances are being amended to allow for rentals within the City with the City having the authority to cancel the permit at any time. The purpose is to help the business districts convert from residential to commercial. Wick questioned whether potential businesses would need to wait to develop until the leases on those properties are up, to which he was told they would. Weyrens added that with the Interim Use Permits, conditions could be put on the individual properties. Rassier made a motion to approve Ordinances 52.31, 52.32, and 52.33. The motion was seconded by Rieke and passed unanimously. Ordinance 84 - General Parkina Ordinance: This Ordinance was previously amended; however, now there are some additional changes in regards to parking on the grass and the correct dates for no parking on City streets. Wick questioned whether or not the definitions in the Ordinance are standardized, to which Weyrens stated they are. Wick made a motion to approve Ordinance 84; seconded by Symanietz and passed unanimously. Ordinance 44 - Water and Sewer System Availabilitv Charaes: Weyrens stated that this Ordinance was changed to remove a dollar amount for the W ACISAC Charges and replace that with "the base rate for WAC/SAC charges shall be determined by Council Resolution". Rieke made a motion to approve Ordinance 44; seconded by Symanietz and passed unanimously. Wick made a motion to approve Resolutions 2006-041, 2006-042, 2006-043, and 2006-044 authorizing that the corresponding Ordinances be published by summary publication. The motion was seconded by Rassier and passed unanimously CITY ENGINEER REPORTS Safe School Grant - Ekola advised the Council that MNdot is again accepting applications for a grant program entitled Safe School Grant. The Grant provides funding for pedestrian improvements to school sites. She stated that in 2006, there were 76 applicants and of those 17 projects were approved with $1 .7 million dollars being distributed. Local projects, such as the St. Cloud School District, Sartell and Becker, received funding in the past. Ekola posed the question to the Council as to whether or not they want to submit a grant application for a trail improvement to the new school site. Ekola suggested an 8' trail with a 6' aggregate base. The trail would begin at Iverson and continue to the entrance at Neary Street. Currently, the trail is planned to go in as part of the development and, as a result, it may not go in until the development process begins. ,According to Ekola, the cost to prepare the grant is approximately $2,500. The application is due by January 31, 2007. This has been discussed with the Park Board and they have agreed that if the grant funds are received, the developer would donate the same to the park development fund as he is required to construct the trails. Ekola stated that any grant application must have the support of the St. Cloud APG, the City and Stearns County. Ekola advised the Council that the School District is only allowed to submit one application and some question has arisen as to whether or not District 742 has the ability to come the St. Joseph application with the Westwood Application. December 7,2006 Page 5 of 7 There was some discussion as to who would be preparing the application. Weyrens stated that SEH has been asked to prepare the grant application; however Wick questioned whether or not District 742 could prepare the application with the assistance of SEH for maps and other information. Rassier stated that the funds for the preparation of the application could come out of the funds received for the trail. Carlbom stated that he would like to see the City work with District 742 and have them prepare the grant application. Wick made a motion to seek grant funds for the trail connecting Iverson Street to the new school site and authorize the expenditure not to exceed $2,500. The motion was seconded by Symanietz and passed unanimously. Water Treatment Plant Update: Ekola advised the Council that the contractor would have the project substantially completed by the end of February/early March. She stated that they would like to schedule another facility tour for the Council. MAYOR REPORTS Senior Farewell: Carlbom stated that he, along with Administrator Judy Weyrens and Police Chief Pete Jansky, met with the College of St. Benedict and St. John's to discuss ways to handle the Senior Farewell Celebration. He added that both St. Benedict and St. John's are billed for any overtime incurred due to the event. LELS: Carlbom was a part of the Union negotiations for the LELS Contract. He stated that things went verywell and that they were able to solidify and implement the Springsted Study for the Police Department. Healthcare: According to Carlbom, the City will begin offering a second healthcare plan to its employees. The plan is a Health Savings Account and it will save money for both the City and the Employee. Park Board: Carlbom announced that there is an opening on the Park Board and he plans to appoint someone in January. Planninq Commission: According to Carlbom, there will be an opening on the Planning Commission as well as the City received a letter of resignation from Marge Lesnick. COUNCIL REPORTS SYMANIETZ Leaque of Minnesota Cities: Symanietz advised the Council that she attended the League of Minnesota Cities Conference Planning for 2007. They finalized some topics for discussion and began choosing speakers. WICK School Meetinq: Wick reported that he attended a meeting at Kennedy School at which the School District had some preliminary designs available. Carlbom added that he would like to have those meetings broadcast on the cable channel. Weyrens added that she has met with the School District and the Developer again regarding the development of the new school. RASSI ER Ordinances: Rassier commended the Planning Commission for their efforts on the recent Ordinance Update. December 7,2006 Page 6 of 7 Boards/Commissions: Rassier advised residents to get involved with the various boards and commissions for the City. If anyone is interested in the Park Board, they can contact Dale Wick or they can contact him in they are interested in serving on the Planning Commission. RIEKE Orqanizational Meetinq: Rieke advised the Council that the next Organizational Meeting is scheduled for December 13,2006 at 7:30 AM. ADMINISTRATOR REPORTS Funds Transfers: Weyrens stated that, at the end of each year, there are funds that must be transferred between funds and presented the Council with a summary of proposed transfers. . Symanietz made a motion to approve the transfers as presented for 2006. The motion was seconded by Rieke and passed unanimously. Joint Powers Aqreement: Previously, the voters approved the participation in the Regional Sales Tax which is managed by the City of St. Cloud. The City of St. Cloud agreed to prepare the revised Joint Powers Agreement (JPA) for the collection and distribution of the tax. While St. Joseph has been collecting the tax for 2006, we have not executed an agreement. St. Cloud was waiting until after the election to make one amendment that would serve all participating cities. Rassier made a motion to authorize execution of the Joint Powers Agreement for the collection of the regional sales tax. The motion was seconded by Symanietz. Wick questioned Section 7.2 which states that "Upon termination of this agreement, all property purchased or owned pursuant to this agreement together with monies on hand, shall be distributed to the current participants". He questioned whether that referred to simply Regional projects or City projects as well. Wick made a motion to table the execution of the Joint Powers Agreement for the collection of the regional sales tax until December 21, 2006 in order to get clarification on Section 7.2. The motion was seconded by Rassier and passed unanimously. SCAW AC Report: Recently, City Staff has been working with the area Cities on the Wastewater Treatment Facilities expansion. Part of the discussion focused on the pool capacity and the premium for leased space. At this time, St. Cloud is looking to begin the approval process from the MPCA. Weyrens advised the Council that she modified the Resolution provided by S1. Cloud to state that the City of St. Joseph agrees to continue discussing the cost methodology. Symanietz made a motion to approve Resolution 2006-045 Supporting the S1. Cloud Area Wastewater Treatment Facility - Facilities Plan completed by Black & Veatch Corporation. The motion was seconded by Wick and passed unanimously. LELS Contract: Weyrens reported that the LELS contract was passed unanimously by the union. The Union agreed to the following: · Insurance: The City will be offering two different health insurance options: · The HSA will have an 80/20 Employer/Employee split with the deductible being fully funded in 2007 and negotiated thereafter. · The current plan will have a 70/30 split. · Waqes: The Union agreed to the implementation of the compensation portion of the Springsted Study. The Police Officers will receive four increases with an average 6.5% pay increase from 2007-2008. December 7, 2006 Page 7 of 7 · Vacation: For employees with 15-19 years of service, the amount of vacation accrued will increase from 180 hours to 200 hours/year. · Probationarv Emolovees: Employees who working a Holiday during their probationary period will be given 60 days to use the hours earned. · Shift Differential: The shift differential will remain the same in 2007 and will increase by $0.05 in 2008. Rassier made a motion to accept the LELS Contract for 2007-2008. The motion was seconded by Symanietz and passed unanimously. Fire Board: The Fire Board has requested authorization to complete a compensation study for the Officers of the St. Joseph Volunteer Fire Department. The purpose of the Study is to find a way to adequately compensate officers of a volunteer Fire Department. Springsted has expressed interest in the study with an estimated expenditure of up to $ 5,000. As with all Fire Department expenditures, the costs would be split between the City, St. Joseph Township and St. Wendel Township. Wick made a motion to authorize the execution of an Agreement with Springsted to complete a Compensation Study for the St. Joseph Vounteer Fire Department for a cost of up to $ 5,000. The motion was seconded by Symanietz and passed unanimously. Sauk River Watershed District: Ekola advised the Council that the Sauk River Watershed District has been working on making some rules revisions. These revisions will have a big impact on municipalities. A letter was sent to the Watershed District and the intent of the letter was to slow them down in their rule making process. Ekola added that revisions have been made; however the rules have not yet been made available for a Public Hearing or Public Comments. Adiourn: Symanietz made a motion to adjourn at 8:40 PM; seconded by Carlbom and passed unanimously. Judy Weyrens Administrator RESOLUTION 2006- ADOPTING PROPOSED 2006 TAX LEVY, COLLECTIBLE IN 2007 BE IT RESOLVED by the City Council of the City of 81. Joseph, Stearns County, Minnesota, that the following sums of money be levied for the current year, collectible in 2007 upon the taxable property in the City of St. Joseph for the following purposes GENERAL FUND LEVIES General Fund Tax Levy 907,611.00 BOND INDEBTEDNESS 1998 Bond Improvements 545M GO Improvement Bond 2,500.00 29,863.00 47,000.00 63,000.00 22,000.00 41,628.00 126,628.00 17,000.00 78,500.00 95,500.00 100,000.00 21,000.00 52,000.00 173,000.00 7d,000.00 55,000.00 125,000.00 1,507,102.00 \ 1999 Bond Improvements Stearns Coopererative Loan 2002 Bond Improvements 4,700M GO Improvement Bond 2003 Bond Improvements 100M Public Project Revenue Bond 750M Improvement Refunding Bond 815M Fire Hall Refunding Bond 2004 Bond Improvements 590M Improvement Bond 280M GO Certificates of Indebetdness 2005 Bond Improvements 645M Public Project Crossover Refunding 1,655M GO Improvement Bond 3,120M GO Improvement Bond 2006 Bond Improvements 250M Certificate of Indebtdness 273M GO Improvement Bond Be it further resolved that these levies will support the general fund budget of 2,254,445.00 for the year 2007. The City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Stearns County Minnesota. ADOPTED BY THE COUNCIL THIS 21 ST OF DECEMBER, 2006 ATTEST: Richard Carlbom, Mayor Judy Weyrens, Administrator City of 81. Joseph 2007 Proposed Budget Revenue December 7,2006 2005 2006 2006 2007 SOURCE SOURCE Descr 2004 Amt Amt Budget YTD Amt Budget FUND 101 General 31010 Current Ad Valorem Taxes $398,306.70 $446,401.69 $698,599.00 $349,280,44 $907,611.00 31820 Gas Franchise $15,631.07 $31,328.26 $28,000.00 $10,188.95 $30,000.00 31830 Electric Franchise $39,085.54 $34,827.24 $45,000.00 $44,461.58 $45,000.00 32111 Beer $729.96 $2,099.96 $2,100.00 $309.96 $2,100.00 32112 Liquor $16,520.81 $13,942.30 $15,000.00 $25,322.24 $15,000.00 32113 Outdoor Liquor Permit $100.00 $MO $200.00 $0.00 $200.00 32170 Amusement/Hunting Permit $1,410.00 $1,200.00 $1,500.00 $2,365.00 $1,500.00 32181 Contractors License $0.00 $0.00 $100.00 $0.00 $100.00 32182 Excavation Permit $1,500.00 $850.00 $1,500.00 $550.00 $1,500.00 32184 Cigarette License $600.00 $550.00 $700.00 $1,112.50 $700.00 32186 Franchise Fee $14,789.82 $16,370.66 $18,000.00 $13,367.65 $18,000.00 32210 Building Permits $137,815.76 $252,173.92 $190,000.00 $190,464.68 $190,000.00 32240 Animal License $1,245.00 $1,120.00 $1,300.00 $1,820.00 $1,300.00 32261 Rental Housing Registration $10,490.00 $11,150.00 $12,000.00 $11,930.00 $12,000.00 33401 Local Government aid $663,717.85 $674,450.00 $773,509.00 $386,754.50 $841,993.00 33409 PERA Rate Increase Aid $1,541.00 $1,541.00 $1,541.00 $770.50 $1,541.00 3341.6 Police Training Reim $0.00 $2,959.94 $2,000.00 $2,170.51 $3,500.00 33422 State aid -- Police Fund $28,671.00 $31,087.46 $28,000.00 $33,854.00 $32,000.00 33611 County Grants - Road Maintenan $7,044.00 $7,044.00 $7,200.00 $0.00 $7,200.00 34103 Zoning and Subdivision Fee $1,920.00 $2,677. 70 $2,000.00 $2,542.30 $2,000.00 34104 Land Use Deposit Fee $50,129.85 $23,000.00 $20,000.00 -$15,346.65 $20,000.00 34105 Sale of Maps and Publications $546.40 $266.72 $500.00 $166.64 $500.00 34107 Assessments and research $5,252.53 $5,780,00 $7,000.00 $4,961.00 $7,000.00 34111 Special Hearing $5,224.10 $3,806.75 $4,000.00 $1,834.00 $4,000.00 34118 Administration Reimb $8,676.73 $9,336.95 $9,000.00 $345.00 $10,000.00 34119 Fire Hall Maintenance $3,240.00 $3,240.00 $3,200.00 $0.00 $3,200.00 35102 Policy Fines $20,010.50 $23,263.00 $25,000.00 $22,073.71 $25,000.00 35106 Siezed Property $2,267.00 $1,047.87 $0.00 $4,337.48 $1,500.00 36100 Special Assessments $351.27 $266.32 $2,000.00 $351.44 $2,000.00 36210 Interest Earnings $27,516.94 $29,733.46 $23,000.00 $22,879.64 $30,000.00 36215 Co-op Dividend-MN League of $10,383.38 $12,851.37 $10,000.00 $48.20 $12,000.00 36221 Water Tower Antenna Lease $1,003.5.6 $1,564.59 $1,500.00 $1,016.83 $2,000.00 39201 Transfers from Other Funds $37,500.00 $14,000.00 $14,000.00 $0.00 $24,000.00 FUND 101 General $1,513,220.77 $1,659,931.16 $1,947,449.00 $1,119,932.10 $2,254,445.00 City of St. Joseph 2007 General Fund Budget Summary Final BUljget December 7, 2006 DEPART 2006 2006 2007 DEPART Oeser 2004 Amt 2005 Amt Adopted YTD Amt Budget FUND 101 General , 41110. Council $29,523.86 $52,199.13 $42,134.0.0. $44,962.63 $47,224.0.0. 41120. Legislative $4,591.98 $5,377.0.0. $6,750.,0.0. $4,240..84 $6,750..0.0. 41130. Ordinance & $1,80.1.45 $3,432.40. $2,500..0.0. $13,582,88 $4,750.00. 41310. Mayor $6,560..82 $8,676.97 $10.,756.0.0. $10.,0.97.18 $11 ,99.0..00. 41410. Elections $9,,902.85 $796.50. $7,500..0.0. $7,635.92 $8,0.0.,0..0.0. 41430. Salaries & $128,1'48.40 $151,523.34 $173;995.0.0. $155,970.,.68 $20.1 ,5.82,0.0. 41530. Accounting $41,734.16 $47,746.88 $72,750.~o.O $51,388.0.4 $68,3.91.0.0. 41540. Audit Service $10.,0.00..0.0. $23,00.0..0.0. $20...0.0.0..0.0. $30.,0.0.0..0.0. $25,0.00..0.0 41550. Assessing $20.,249.51 $19,534.85 $19,710..0.0. $10.,161.40. $20.,0.00..0.0. 41610. Oity Attorney $33,825.0.0. $42,685.24 $25.,0.0.0.0.0. $22,938.27 $30,00.0..0.0 41910. Planning and $30.,937.53 $4,471.45 $63.260..0.0. $993.89 $'87,337.0.0. 41941 Cornmunity $19,191.95 $23,833.88 $18,641.00 $21 ,977.02 $29,553.00 41942 City Offices $23,0.91.64 $26,0.57.45 $25,850..0.0. $25,10.6.85 $27,450..0.0. 41946 Community Sign $827.68 $588.17 $1,070..0.0. $628.61 $0..0.0. 41950. Cable Access $6,265.88 $10., tDC.CD $9,410..0.0. $9,297.73 $11,0.0.0..0.0. 42120. Crime o.ontrol & $530,570..21 $535,357.55 $637,935.0.0. $524,786.40. $694,0.25.0.0 42-140. Police Training $1,561.59 $3,239.75 $11,000..0.0 $3,484.95 $13,0.0.0.0.0. 42151 Communication $9,20.2.48 $7,561.56 $9,150..0.0 $7,655.0.1 $17,250...0.0. 42152 Automotive $38,238.85 $37,398.0.7 $48,80.0..0.0. $36,288.68 $66,645.0.0. 4240.1 Building Inspec. $81,211.42 $131,792.0.4 $151,70.0..0.0 $126,467.67 $168,10.0..0.0. 4250.0. Emergency Siren $75.34 $52.39 $2,30.0.,0.0. $440..53 $2,70.0..0.0. 42610. Signal Lights $2,195.45 $266.27 $50.0..0.0. $470..0.5 $750..0.0. 4270.0. Animal Control $477.60 $1,188.52 $1,10.0..0.0. $644.42 $1,110..0.0. 42860. Ordinance/Easeme $0..0.0. $0..0.0 $0..0.0. $0..0.0. $50.0..0.0. 43120. Street $140,327.24 $140.,924.36 $223,015.0.0. $123,421.84 $241,80.7.0.0. 43125 Ice & Snow $38,50.9.0.5 $46,863.88 $94,115.0.0. $26,927.0.3 $89,813.0.0. 43131 Engineering Fee $117,847.24 $240.,487.82 $30.,00.0..0.0 $232,294.42 $35,0.0.0..0.0. 43160. Street Lighting $32,734.96 $33,90.2.26 $31,50.0..0.0. $31,379.79 $35,650..0.0. 43220. Street Cleaning $8,139.10. $10.,387.0.3 $17,125.0.0. $15,717.35 $15;70.3.0.0. 45123 Ball Park and $3,341.60 $14,454.23 $4,730..00 $1,70.8.89 $5,0.30..0.0. 4520.1 Maint Shop $18,386.98 $18,0.96.91 $24,80.0..0.0. $16,344.0.5 $38,340.,0.0. 4520.2 Park Areas $88,114.61 $91,259.22 $122,10.3.0.0. $86,496,45 $134,445,0.0. 4920.0. Communty Support $30.0..0.0. $1,70.4.0.0 $1,40.0..0.0. $4,679.0.0. $1 ,40.0..0.0. 4930.0. Other Financing $3,50.0..0.0. $5,00.0..0.0. $3,50.0..0.0. $3,50.0..0.0. $3,50.0..0.0. 4930.1 Transfer to other $134,362.10. $283,729.50. $0..0.0 $0..0.0. $0..0.0. 4930.5 Fire Protection $75,584.16 $79,127.64 $80.,0.0.0..0.0 $57,636.57 $80.,0.0.0..0.0. FUND 10.1 General $1,691,332.69 $2,10.2,816.26 $1,994,0.99.0.0. $1,70.9,315.0.4 $2,223,795.0.0. FUND 150 Economic Development 4650.0. Economic $30,433.11 $36,030..96 $37,50.0..0.0 $33,211.33 $30.,650..0.0 FUND 150. Economic Development $30.,433.11 $36,030..96 $37,50.0..0.0. $33,211.33 $30.,650..00 $1,721,765.80 $2,138,847.22 $2,0.31,599.00. $1,742,526.37 $2,254,445.0.0. I Attachment: Yes or ~ .1 REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 21,2006 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Ordinance Amendments - Clarify that the Amendments to the Ordinances 52.11, 52.21, 52.09, 54,51,56,52.27,52.28,52.29,52.34,52.12,52.31, 52.32, 52.33, 84, and 44 were approved on December 7, 2006 and the same was to be published. PREVIOUS ACTION During the December 7, 2006 Council Meeting, each Ordinance was approved with a Resolution number; however, there were no resolutions needed for approval of the Ordinances. The Resolutions that were provided authorized for the Amendments to be published by summary publication if over two pages in length. RECOMMENDED BOARD ACTION Ordinance Amendments - Requested Action: Clarify that the Amendments to the Ordinances 52.11, 52.21, 52.09, 54, 51, 56, 52.27, 52.28, 52.29, 52.34, 52.12, 52.31, 52.32, 52.33,84, and 44 were approved on December 7, 2006 and the same was to be published. FISCAL IMP ACT None COMMENTS/RECOMMENDA TIONS Attachment: Yes or ~ REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 21, 2006 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Ordinance Amendments - Clarify that Resolutions 2006-040, 2006-041, 2006.;042, 2006-043, 2006-044 were approved on December 7, 2006 authorizing that the amendments to Ordinances 52.11,52.21,52.09,51 and 84 be published by summary publication. PREVIOUS ACTION During the December 7,2006 Council Meeting, each Ordinance was approved with a Resolution number; however, there were no resolutions'needed for approval of the Ordinances. The Resolutions that were provided authorized for the Amendments to be published by summary publication if over two pages in length. RECOMMENDED BOARD ACTION Ordinance Amendments - Requested Action: Clarify that Resolutions 2006-040, 2006-041, 2006-042,2006-043,2006-044 were approved on December 7, 2006 authorizing that the amendments to Ordinances 52.11, 52.21, 52.09, 51 and 84 be published by summary publication. FISCAL IMP ACT None COMMENTS/RECOMMENDATIONS I Attachment: Yes or ~ REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 21, 2006 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM SACW AC Report - Clarify that the City supports the St. Cloud Area Wastewater Treatment Facility - Facilities Plan Completed by Black & Veatch Corporation by City Council Resolution 2006-045 rather than 2006-050 as approved on December 7, 2006. PREVIOUS ACTION During the December 7, 2006 Council Meeting, there was some confusion as to when Resolutions were required. As a result, the Council accepted the SCA W AC Report byCity Council Resolution 2006-050. RECOMMENDED BOARD ACTION SACW AC Report - Requested Action: Clarify that the City supports the St. Cloud Area Wastewater Treatment Facility - Facilities Plan Completed by Black & Veatch Corporation by City Council Resolution 2006-045 rather than 2006-050 as approved on December 7, 2006. FISCAL IMPACT None COMMENTS/RECOMMENDATIONS Attachment: ~ es:J No REQUEST FOR COUNCIL ACTION DATE: December 21, 2006 Engineering ORIGlNA TlNG DEPARTMENT Tracy Ekola. P .E. . DEPARTMENT APPROVAL AGENDA ITEM Centennial Park Pavilion PREVIOUS ACTION Application for Payment No.2 for $56,122.00 RECOMMENDED COUNCIL ACTION Application for Payment No.3. FISCAL IMPACT $22,874.00 COMMENTSIRECOMMENDA TIONS P:\PTlSlstjoelcommon\D39 Req Council Actionl0607 pm! 3 122106.doc 0:: f-<O 8 u t; C E:l <>:: .g 0:: r' ~ ;:l~f2f- ..ot:>uZ .- P 0:: 0 tkP <>:: u a:tJOOCSO o 0 ('ij - - t"- - 0 - - I 0'1 1.0 0 ~ - o ........ .- 0--. z z (f) 000 ......f-<Z ~ f-< uOu ......o~ 0:020' 0.. ~ ~ <>:: 0.. 0.. <Jl '" (:;J ~ '" o '" z o '" (:;J OS V -0 'U; V <Jl t :> v .... C o <Jl C .S U ;:l ~ <Jl S N o ". o E-< Z ~ ::;8 l-l ::J <I) U o o ~ Z ...... ~~ ~ ta ..c:^ I- fr'~ fr Z rJl <I) rJl Wo_o t::~ :E . ~ ~ ~ a.: e: o u. w t( o - u. - l- e: '<:t W ~ o ~ c oo~ Z ~ ^ <C ~-a o <I) ZOc:Q~ o €q: - ~tZl t( o - -I 0. 0. <C r,:.; u ~ 0' 0:: 0.. 0:: ~ Z g o f-< N \O~ ~ o E-< ~ f-< Z o U t"- - ~~ ON tZl~ <1)1.0 Sir) ~~ d-s "t:l^ !:i Ir) ::l ....:;;lNO ~^gD ~N....,l lZl _ tZl r,:.; U ~ f-< 52 u 0:: <>:: <>:: :> o U t:: o .~ ~ rJl 1.0 ~ Ir) 8 ~ ~ ~ ^ ]~fr o c:Q ~ d .~ .0 ~ ....,l ;:;>.~ tZl P::: o E-< ~ f-< Z o U ;:;s o 0:: ~ ~"2~>-u ~-.l"Z:l~::i C v 0.-0 .__ "iiE-o ~ ~8-o~0 "0 0 .- C ~ ~. a "2 .~ ~ Qj t:< 55 t:< o 11) V <Jl .- c::.ov.-Q) '>::<Jl..ovt }J)~o.Jt)..c: C;::~~t:: u5.c;::~ gs~OJ.8 c>-cB<Jl o~g~;:: u.... so.. v ~t.8~~a ~ c::=~ ~ 0.9(\1~0. t)~~~4-J .vU.cuC ..0 :.::: ..... "...... ~ OJ ~ ..~ ~ .c~~t::s ...~co.Ju o <Jl V ...... "...... 1"""1 .......c::t::ti, (\1 ~ ;:l ;:l -5 E g .9 -0 ~-ocd)~ 9~u~ t:; ~ ~ ll> 0 t: u ~uc:::a o'>::uo::.o ..... ~ p 0.; g&v.....c 1;j::?..ct8..... g~,;;~ B u~.~ ~ "21!~ ~ g,15 ~ .8 ~ "0 i:1 ~ '0 ~~"8g~ c c 0 (\1 ='o~t1~ Q) -c ~ c c: .c t'l 0 V ~ 8 .S u 8 u (\1 l: c o I-~ z-s W.c :E .~ ~ .~ c.:u v o:g 08 LL. c -ci .- v Z ~.g 02f'l v ~ -..0 t'l ~ C'~ <t ~ - , '\ 0 "" '-' .c R - <Jl e) ...J<Jl a.' (\1 ;:: a. ~- v t:< B __ v ;:l ........ s u ,^ >- 0 '.u [0 ~ .... <>:: O:s <: o v . I--o~ O t'l &J :::.c -(f) <( .~ .... - c (3 I.&.. 0'- I- .- ~ Z ~;:l u c o:a'g , '\ 0. 0 "'" <>:: u P::: o ~ f-< ~ E-< Z o U 1.0 o - o ('ij - - - Qj ~ o Z o >- U >0 00 00 N~ 1.0 Ir) o 0'1 '<:t C"')^ 0'1 - o ~ 00 1.0 '<:t o^ 0'1 .~ ~ ~ ~ ::: :l U'J ~ a: I- Z o (.) ..J <C Z (; a: o W N t;: c o I- g C W 2, a: g U'J clS c~ w2;' 1-1'-- We) ~c :::0 Oe) (.) c ...18 ~.2 00 I-~ +1 l!! Q) 'C c5 W t;: 8, c ~ g .c (.) ::: >0 :l ..c U'J 8, t) c <C III a: .c I- (.) Z Cii 0 Z (.) ..... N "" '<t' <::> <(~ t- 'J 0'" cJ) U) ,-' o!U M 02c o*.!!l ~~i. '0 ~iill z~ ~~... i:l' v ~ ~ ~ 8 tZl ..... o >- ~ .g~ ~ ('ij <Jl -0 C (\1 ..:.;-0 o v ..:.; >-:9 <Jl o E ~ ~ E g .g v (f) U (/) S .>:: @~ o -01'-- Be) jd c:: 0.0 S o~ u+ '00 Iii ,0 <Jl ~ o,~~ Z ;:l ~ u W ~ a:",; \f\ ~ ~ <Jl V .... .& ~ v \".. C , .. 0 .~ en - <Jl ..0 .~ ;:l B 0.. ::: >- (3 ~ U o >- z ;:;s "" "" .... o ~ ,ON=) .;:: \f\ 0 ~ I'-- t'l + (j ;:;S~t'l"'" -o2;'\f\O ~r----Q.)I-l o(jcc cl)c;:::lS ~o~.E o~ 0.00 ;R C'l u 01 ~.~ ,5 ::3 v- oo::f'l ~cH~ .d g "" I- Z w :E ~ 0.: 0: o LL. W !ci: u - LL. - I- 0: W U (J) t; W I- - J: U 0: <( ~ V V ~ ~...c:..c: 0 -o~+-u Q ~o-o-El \..J ,=:~~E "O~i3o q.D:au -- (\1 v.... v ~ a -B .~ -5 ~ .sot'l-o "'\l ~""'''C)r"'' ~ ~ V ~ ~ o-5~~- ~ Et5.b5 o c 8 B .... B ~ o.;:l .~ 0 ~ g g~.co c:::.....~u 08:!ZEld ijfJ)P"~~ ~~~oEL: E..=.....uE=: -t)'tvo:: l3u.-...c::ta ~.....OJ;::u Vu..o- 8V-o.';::f-< ;:l .';:: r< ~ Z u.g ~ v:::> o....cuo o<>::.s~;:;s u~~-o<>:: ~""'SoQ) oc::"o~-S 00';2(\1...... u 'C ._ ,.... 0 v fJ ..::: C .c ._ ~ <Jl ;:: ::: "ii -0 ~ v wu.- -::: ~Q.) '-f S .~:~&~ 1= .- 0 P 0. a: ~-5cvo W .... 0.0'>:: .c ~ (.) ;c::}n::" ~';;juOU ~ O'C ~;>.:E ~ ~ o.:a:=::;:: 0 (\1But'lv::: oS 8 ~ g..~ <C o ~ Ir) '<:t 0'1 Ir)^ 00 ... ... ... W ~ z ~ W a:~ U'J] ffltS ..J\f\ C v W c Z;:::l a:<Jl <C<Jl w~ ..J'<t' ~v 5.5 I-C I- Z W W c:J ::: <C ~ ~.... a.: ~ a: W o a: u. c:J U'J Z ~. c 5~ 3 -(\1 W (.) u.U:l Z 1= S c a:t:: wv I- ~ (.) U Z U'J . W Z-\O~ U'J 0 :l';:: ::: u: v o 0. ~ 0.5 :; S a.: I- o-l Wo I- w~ a:..t: Z (.)~ 0.\0 W Z"" U'Jva: <cv U'J c a: ..J.... W.- :l <(.::: ..JC (.) mc \0 I'-- 00 0\ , ~ j c;:; 00 u..c:: Q) .::: .c ~ .... ~ 8 ~ >-(\1 ~ 85 ~ . Q) S ~ :g ~ g >- o.u (\1 0.'0 .~ i.i.~ -9 ~ v ""OUt) d.......~c-o ..s &:: f'l c E fr;:l ...... U .... ~uo ut'lu f-<-oEl z~t5 :::> 0 o;::u ;:;sv.... <>:: 8 0 v >-.... ..c::t'l~ f-< 0..... , ~ 1:)0 c: v ~-5 511l '0 c d fl ..... '- ..c OVoo c:: t> 'C .~..c:: >- v -0 C ~ Q) Cd ~89 'p tl Q) ~ U ~....:a U)8:::J .. .- u'O' ~~gO, ~ o rJl ~ :g ~ o ~ - t"- o N N o (f) 0 Z ~ o Ir) E=: 0'1 U C"') :::> - o ~ ~ p::j o U) Z o ~ i5 o <>:: o o 00 0'1 ~ - - ~ ~ . c ~ ..c: ~ ~ ~ g ;:;s ~ 0 ;:;s 5; 8 E <Jl 0:: 0. <Jl :s p::j o..c o (\1 ~ -0 o::~g~ o gfB 8 (j.a~g; Z U 0 t'l <>:: ~.;; t'l ::r:: ..... Q) ..... u tSO,tS ~ t1 fS"8 00 f-< v 0.0 C t'l .c U >- ..0 (/) ~ e) Z <>:: :r:: u f-< ~ Z N en en ,... , N o r- Cl l-I o :>-. ~ ~ . "'5 0= >-<g ~ 0> ~e 11. '" S~ 0> <Ji- bs ~o :Em U(5 ~f> ....0> 0= ~t).. ::J.!!!.'"d 1-.0 (\) ;:: iil :> <Jl_ 0 z= l-l ~;: P- < ~ P- ~a~ ~ ~ w - l=l "'- (\) :tJ: S I-.g> :>-. . ,., to ~g.p.., ",'" @ui . :::i ~~ <(5 . os: 15g' E~ Cl 0 '" '" o ~~ -11. . ~ ~31 ~~ ~= ~:5 "'.. Oel ....z ",2: 1;(0: S:?~ .... ~ . tLl'" ug;- @:6 <8 ZO 0'" sg ii!:i o..~ <" . z ~ffi el~ I- ffii ~i g.". c~ <'" <(~ --~------' co 0> 0 ~ C") 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 00 0 0 10 C") 69- 0> ~ 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- 69- .c N 10 10 ~ Q) ~ 69- 69- 69- (,) .!!! 69- c: c: .!!! i:i: ca 0 m I- ~ ~ ~ ~ ~ ~ ~ ~ * ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ 0 0 0 ~ 10 10 0 C") C") 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 00 0 0 CO CO 0 0> 0> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 ~ ~. ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ,.... ~ ,.... ~ ~ ~ ~ ~ 0 0> co ..,. C") N co 0 C") ..... C") 10 0> CO 0> ,.... 0> 0> 0> 10 N C") .....0> CO N ~ 10 CO C") CO O'l 0 ,.... ~ CO C") ..... CO N N CO CO ..,. N N C") NC") OJ CO U 't' ~ 0 O'l ..... 10. N ,.... CO ~ N ..... co;. III O'l 0> N N C") 10 ..,. CO 0 C") 0> ..... Q) ....... ri 69- ....... 69- 69- .q: ....... ..0 C\f .q: 69- 69- 69- 69- 69- 69- C\f .q: 69- . ~ ,.... ~ ,.... ~ Z S 'S fRo fRo fRo fRo . fRo fRo fRo fRo 69- fRo fRo fRo 69- fRo fRo 0 C. " t= 0 l- E t.) 0 ::::l 0 e::: I- (/J Z 0 U ;:I Z ca ~ CD ::i e 'C J: g l!! 0 !2 .s C> 'II'"' t/) 'II'"' ~ I CD C I-- e - - 'II'"' W co 0 ..... co 0 0> co 0> c>> O'l 10 co C'Ii Q I- co C") N O'l 0 ..... co co co ..,. N N co - W 'II'"' ..,. co 10 N ~ co. 10 N N C") 10 O'l ..... 'II'"' ..J ~ fRo fRo fRo fRo ~ ,.... fRo fRo 69- 69- 69- ~ Q. Q. 69- 69- fRo 69- Cl :E 0 0 3: c:: 0 LU ~ a.. 0::: 0 l- I- - - 3: C") co ..,. co N 0 0 C") ..... C") 10 0 0 O'l ~ 0 0 0 0 N C") ..... en 0 0 10 N co 0 co 69- fRo ~ ,.... co C") fRo fRo N N 69- fRo 69- 69- N C") N C") 69- 69- co ..,. O'l N 10. co co N ..... O'l O'l ..,. co 0 C") ell ..0 C\f 69- ....... ~ .q: ~ ....... ..0 C\f .q: 69- fRo N .q: " - = fRo 69- fRo fRo 69- 69- fRo 69- fRo 69- 69- fRo 0 "-> ~ 0- 10 0 - 0 l- I-- ~ ~ 10 10 ..,. ..,. 10 co 0 C") ..... C") 10 O'l co O'l ~ O'l O'l O'l 10 N C") ..... O'l co N ~ ..... O'l co N 0> O'l 0 ~ ~ co C") ..... co N N co co ..,. N N C") N C") N co W 't' C") 10 O'l C") co;. N ~ co co N ..... co. 10. 0> O'l N N C") 10 ..,. co 0 C") O'l ..... !;;: Q) cri ri 69- cri ~ 69- fRo .q: ,.... ....... ..0 ~ ~ C\f .q: fRo fRo 69- 69- fRo fRo C\f .q: 69- ,.... :; Q) fRo fRo fRo fRo fRo 69- fRo fRo fRo fRo fRo fRo 69- fRo 69- Cl 't' .= z Q) ca .c > 0 (,) ~ t/) l- I- t.) :::::i a.. -I ::iE -I ~ -I ~ -I ~ -I ~ -I ~ ::iE -I ~ -I ::iE -I ~ -I ~ -I ::iE l- f-,- a.. -I <( - ... Q) ... .lIlI: a; ... .c 0 t/) 3: .lIlI: .... ... 0 II) c: ca ..... 0 c: ::J 0- Il) 0 :;::0 0 m .c ; c: c. c: "'5 0 c: ~ II) 0 . C. 0. :;::0 c: 0 c: :;::0 II) Q) .;: -c ..... I- '5 0 :;::0 c: ~ m oS LU ell (,) ~ 0 ~ m Q) "'5 0 c: W C") ell 0 ~ (,) e- Cl II) E Cl .., Gl c: "C c: J: .,l 0 c u -c 0 0 .0 m ~ oS m '5 C/) 1ii Q) ell m U 0 ell CI) Z ~ j Q) ~ m u. f!! Cl Ll.. Q) i:i5 l- N Z e::: ~ J: c: >. C> Z Q) "C U ]j Cl ~ 32 !!! c: Q) 'II'"' 0 c: c: t: Q) c: ..... ::J LU CD i= Q) 0 m ..... 0 "c: Q) 0 ::J "S c. :c 2 ::iE (!) r:a w i:i5 u ::::l ~ e::: (!) r:a (/J (/J (/J J: 0 c3 U =1:1:: ~ z :::::i 0 10 0 0 0 0 0 10 0 0 0 ..... m a.. E 0 0 N 0 ~ 0 0 0 ,.... ~ ~ co ~ 0 C") O'l C") co 10 ~ 10 N N C") ..,. 0 a.. ,.... N N C") ..,. 10 co co . ..... ..... ..... ..... <( .., <( 0 0 0 0 0 0 0 0 0 0 0 0 coo 00 COI"- CO 0 "to C\l0> COCO 0 00 0> 10 EA- EA- EA- C\l1O ..- EA- M EA- CO CO C\IC\I EA- EA- EA- ..- 1"-. CO"t EA- M 10 "!. ..-CO 10 . EA- EA- N EA- cr) ..- ..- ..- C\I EA- EA- EA- EA- EA- ..- EA- '#.'#. '#.'#. '#. '#. '#.'#. '#.'$, '#. '#. ?fl.'#. '#. '$,'$, '#. 00 00 00 00 00 ..- ..- 1"-10 0 00 I"- 0 00 0 0 10 10 M CO 0 00 CO ..- ..- ..- ..- ..- ..- ..- ..- 0..- OC\l 0 0 OC\l O"t CO M M"t 0 COCO I"- EA- M 10 10 EA- EA- EA- CO EA- M "t CO "tCO "t 10 10 0> C\I M M EA- "t CO. M "!. CO 0 0> ~ "t CO. ,..:EA- EA- ..- N ..- cr) "t. r-: ..- "t. EA- EA- EA- EA- EA- EA- EA- EA- EA- 0> EA- 0 EA- ..- OC\l CO M 00 CO CO M 10 0 "t CO CO 10 10 0 C\I M ..- CO. M 0>0 ~ ..- cD . EA- N EA- cr) cO ..- ..- ..- EA- t.") EA- EA- EA- EA- C\I EA- 0 0 0 0 0 0 0 C\I 0 "t 0 0 M"t 0 CO ..- EA- EA- t.") 10 EA- EA- EA- CO EA- M EA- EA- CO ..- "t 10 0> C\I EA- "t C\I CO 0 0> M t.") EA- t.") EA- ..,f r-: cD t.") t.") , CO EA- CO ..- 0 C\I CO I"- CO C\I "t 'It CO C\I 0> C\I 0 CO CO CO 10 M 10 10 C\I 10 ..- CO M M C\I I"- CO 0> "t 10 10 ..- 1"-. "!. M M CO "t EA- EA- M 'It C\I CO M C\I 0 0>. ~ 0 . EA- . EA- t.") EA- cr) ..,f cr) ..,f ..,f cO ..- CO ..- ..- I"- ..- EA- EA- t.") EA- EA- EA- EA- EA- EA- EA- EA- 0 ..- EA- ...I :iE ...I :iE ...I :iE ...I :iE ...I :iE ...I :iE ...I :iE ~ ~ ~ '5 ~ 'E CD - '5 m I/) s:: :c ,~ I/) 0) CD Q) 'w C: ~ ::c :;:: E (ij Q) 0) I/) 0 'w Q) Q) '0 I ~ Q) E I/) Q) I/) 0) '5 0 ~ I/) I/) 0- <( 0) (J) Q) s:: CD I C\I M u.. 'S:: '0.. - ..- 'E s:: s:: 0 s:: ~ .... .... .... ~ :;:: a: ,21 .... 0 I/) 0 Q) Q) Q) m m :a I/) I/) s: 'E 'E 'E !!! 0 0 Q) ~ Q) 0 CD () Q) u 0)0 (ij 0 0 0 CJj - u 0 E ~ e <( s:: I U Q) Q) Q) ...I Cl :J I/) 0.. :c () 'i:: 0)0) 0) ~ a:; I/) - ~ E U s:: s:: s:: 0- s:: ~ ~ m m m Q) >- 'm ~ ..:! Q) J:: J:: J:: 0 - C9 i.i: :c iIi () () () I- en 0.. 0.. 0 0 0 0 ..- 0 0 0 ..- C\I M 0 0 0 ..- co 0 C\I 0 0 0 0 I I I ..- C\I 0> 10 co "t co 0 () () () co 0> 0> 0 0 10 10 co C9 C9 C9 0 0 0 ..- ..- ..- ..- ..- I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 21,2006 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Liability Insurance - Authorize the Administrator to execute the LMCIT Liability Coverage Waiver Form, verifying that the City does not waive the monetary limits on tort liability PREVIOUS ACTION Annually the Council must determine if the City waives the tort limits for liability insurance. Each year the City has reviewed the provision and opted to not waive the monetary limits. RECOMMENDED COUNCIL ACTION Authorize the Administrator to sign the Waiver form indicating the City does not waive the tort limits. FISCAL IMPACT If the City waives the limits, an additional premium of3.5% of the Liability Premium will be charged. For the year 2007, the additional fee is anticipated in excess of$ 1,000 COMMENIS/RECOMMENDA TIONS The tort limits establish the maximum amount that an individual can try and recover through a liability claim. If the City does not waive the rights, the maximum an individual can recover from a single incident is $ 300,000 or $ 1,000,000 for all claimants of a same incident. If the City waives the monetary limits on tort liability, the maximum recovery an individual can claim is $ 1,000,000 per single occurrence. Simply put, this provision limits the amount the City can be sued for a single event. Waiving the monetary limits would add additional premium an allow individuals to sue for a larger amount. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE -WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The de.cision to waive or not to waive the statutory limits has the following effects: . If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a ~ingle occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. . If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants' would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. . If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. _ accepts liability coverage limits of_ from the League of Minnesota Cities Insurance Trust (LMCIT). - o The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. o The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting_ Return this completed form to LMen; 145 University Ave. /111.1' Stpaul, MN. 55103-2044 LMCIT (11/00)(Rev. 11/03) Page 1 of 1 _w;\:'{!{!!;1I;.';:~X;l:;~:~[::':::,. :~'o:~' ;; ." ,.. . I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent - AFSCME - Labor Agreement DATE: December 21, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM AFSCME Labor Contract - Authorize the Mayor and Administrator to execute the Labor Agreement between the City of St. Joseph and AFSCME for the contract years 2007 - 2008. PREVIOUS ACTION See below RECOMMENDED COUNCIL ACTION Authorize execution of the AFSCME Labor Agreement as presented. FISCAL IMP ACT General Wage Increase of3.25%; signing Bonus of$ 500 per employee to be paid in 2006. COMMENTS/RECOMMENDATIONS The bargaining committee has been working on execution of the AFSCME Contract since approximately October. At the same time the bargaining was occurring the City received the Springsted Study and the Personnel Committee (AI & Richard) met with both Unions to discuss implementation. At that same meeting we discussed the hiring of the additional workers. We had discussion about weekend work and the two new hires working 8 hours on Saturdays and Sundays. During this same time the Union voted on the proposal that was negotiated in October (before the Springsted discussion). In talking with the union business agent, we both had different understandings. She had intended the work hour issue as an addendum or memorandum to the contract. It was my understanding that since the contract had not been executed it would be included as the contract. At this time the City should approve the contract as presented and we have scheduled another meeting with the Union on January 4th to discuss the Springsted and weekend workers. Both Leanne and Myself concur that a misunderstanding occurred on both our parts. The contract included in the packet is different than the contract previously submitted to the Council. This contract has removed the proposed amendment to the work hour section. ARTICLE I ARTICLE 2 ARTICLE 3 ARTICLE 4 LABOR AGREEMENT BETWEEN THE CITY OF ST. JOSEPH AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFLCIO An exclusive representative of the Employees of the City of St. Joseph PURPOSE OF THE AGREEMENT This agreement is entered into between the City ofSt. Joseph, herein after called the "Employer", and the American Federation for State, County and Municipal Employees, AFLCIO herein after called "AFSCME". It is the intent and purpose of this agreement to: 1.1 Establish this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. RECOGNITION 2.1 The Employer recognizes AFSCME as the exclusive representative for all employees of the City of St. Joseph who are public employees within the meaning of Minnesota Statute 179A.03, Subd.14 excluding supervisory, confidential, Police Chief and members of the St. Joseph Police Department who are not represented by the Police Union (LELS). 2.2 The Employer shall not enter into any agreement with the employees coming under this jurisdiction, either individually or collectively which in any way conflicts with the terms and of this Agreement. 2.3 The Employer recognizes the Union as the representative for all employees identified in 2.1 and will negotiate wages for all new bargaining unit positions. DEFINITIONS 3.1 AFSCME: American Federation of State County and Municipal Employees, AFLCIO. 3.2 AFSCME Member: A member of the bargaining unit covered by this agreement. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Regular Employee: Employee who has completed the probationary period. 3.5 Probationary Employee: Employee who has not completed the probationary period. 3.6 Employer: City of St. Joseph EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial functions not specifically limited by this agreement. - 1- ARTICLE 5 ARTICLE 6 EMPLOYEE SECURITY 5.1 AFSCME may designate employees from the bargaining unit to act as stewards, negotiators and alternates and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 5.2 There shall be no discrimination, by the Employer or AFSCM:E against any employee because of age, sex, race, color, disability, religious or political belief. or membership, or non- membership in AFSCME. 5.3 For such employees as authorized in writing, the Employer shall deduct from the first pay check of each month an amount equal to the regular monthly AFSCME dues and shall be remitted as directed by AFSCME. For those employees who do not provide written authorization, the employer shall deduct from the first paycheck of each month an amount equal to 85% of the regular monthly AFSCME dues as a Fair Share Fee in accordance with M.S. 179.65, Subd. 2, and shall be remitted as directed by AFSCME. 5.4 The Employer shall make space available on the employee bulletin board at the unions' expense for posting Union notice(s) and announcements. 5.5 Union representatives shall have access to the premises of the Employer at reasonable times and subject to reasonable rules in connection with official Union business. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRlEV ANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of employment, as outlined in this agreement 6.2 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step One: An employee claiming a violation concerning the interpretation or application of this agreement shall, within 14 calendar days after such alleged violation has occurred, or an Employee reasonably could be expected to be aware of it, present such grievance to the Clerk! Administrator. The Clerk! Administrator or Employer representative will discuss and give an answer to such Step I grievance within seven (7) working days after receipt A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) working days after the Employer's representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by AFSCME within said seven working days shall be considered waived. -2- Step Two: If the grieved Employee fails to be satisfied with the answer received, the grievance shall be reduced to writing by the employee and/or the Union Steward and shall be forwarded by the Union Steward to the grievant's supervisor no later than (5) five working days from the date of the supervisor's answer. A 2nd step meeting shall be scheduled seven (7) work days from receipt of the written grievance in an effort to resolve the grievance. The meeting shall be attended by the supervisor (and Administrator, if appropriate), the grievant (s), the steward and/or another Union Official. The parties will use their best efforts to make sure that necessary information used as the basis of the grievance/answer is available at the meeting. The parties will attempt to resolve the issue at the Step 2 meeting. However, ifit is not fully resolved, the City shall make a written reply to the union within ten (l 0) working days from the date of the 2nd step grievance meeting. Discharges, however, shall be reduced to writing by the Employee and.lor the Union Steward and forwarded by the Union Steward to the appropriate supervisor no later than five (5) work days from the date of discharge. Step Three: If appealed to Step 2, the grievance shall be submitted in writing to the City Council. The City Council shall consider the grievance at the next regularly scheduled meeting (grievance must be received at least seven (7) days before the meeting to be included in the agenda). At the meeting either the Employee or AFSCME may make whatever presentation deemed appropriate to the City Council. Within ten (10) days of the meeting, the City Council shall issue a written answer to the grievance. A grievance not resolved in Step 2 may be appealed by AFSCME to Step 3 within ten (10) days of the issuance of the written decisions by the City Council. Any grievance not appealed by AFSCME within ten (10) calendar days shall be considered waived Step Four: A grievance unresolved in Step 2 and appealed to Step 3 by AFSCME shall be submitted to the Director of Mediation Services for mediation, subject to the provisions of the Pqblic Employment Labor Relations Act, Minnesota Statutes Chapter 179A. If either party petitions for binding arbitration stating that an impasse has been reached, and the Director determines that further mediation would serve no purpose, the Director shall certify the matter to the Minnesota Bureau of Mediation Services for binding arbitration, in accordance with Minnesota Statutes Chapter 179A. 6.3 WANER If a grievance is not presented within the time limits set forth above, it shall be considered 1 waived, absent extraordinary circumstances. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. -3 - ARTICLE 7 ARTICLE 8 6.4 EXPENSES Any costs or expenses incurred in conjunction with a. mediation or arbitration procedure, shall be borne equally by the Employer and the Employee, with each paying on<~..half of the costs or expenses incurred. Each party shall be responsible for their own attorney fees with regard to any grievance procedure. 6.5 EXCLUSIVE REMEDY This procedure shall be the sole and exclusive means of processing a grievance. HOURS OF WORK 7.1 The Employer shall be the sole authority in determining the work schedules. 7.2 The normal workweek shall consist of five (5) days, eight (8) hours per day, Monday through Friday, and totaling 40 hours. The normal work year shall consist of 2080 hours. 7.3 Work schedules shall be posted one (I) week in advance, subject to change due to emergency circumstances. "Emergency" circumstances relate solely to health and safety issues. 7.4 An employee shall be granted two (2), fifteen (IS) minute rest breaks each day. Rest breaks will be scheduled in mid-moming and mid-afternoon. Break/rest periods shall not be combined to compensate for late arrivals or early departures. 7.5 If an employee works longer than four (4) hours, they will be given a minimum of one-half hour unpaid lunch period. The time when lunch periods are scheduled varies among departments, depending on the needs of each department. 7.6 An employee is expected to take their allotted time for lunch. They are requested not to perform any work during their regularly scheduled lunch period, unless specifically requested to do so by the supervisor. In that event, the lunch will be rescheduled. OVERTIME AND PREMIUM PAY 8.1 So far as possible, Employees working in the same department doing the same general responsibilities shall receive approximately the same amount of scheduled overtime in anyone year. 8.2 If a "non-exempt" employee performs overtime work, they will be paid one and one-half (1 Y2) times their regular hourly wage for anytime over eight (8) hours per day or 40 hours per week that an employee works. If during that week, they were away from their job because of a job- related injury, jury duty, scheduled vacation, paid sick leave, paid holiday or funeral leave, those hours not worked will be counted as hours worked for the purpose of computing eligibility for overtime pay. 8.3 Occasionally an employee may be asked to return to work after they have left the premise for the -4- ARTICLE 9 day. If this occurs an employee will be paid at a minimum mte of two hours, calculated at one and one-half (1 Yz) times the employee's regular hourly wage. The employer will require the employee be on the job for a minimum of two hours upon call back. 804 Maintenance employees scheduled for weekend duty shall be paid, for a minimum of three hours calculated at one and one-half ( I Yz) times their regular mte of pay. Employer will require the employee to be on the job for a minimum period of two hours upon call back. 8.5 Overtime work performed which is compensated for by time and one half off, in lieu of overtime shall be called compensatory time. It may be taken in hourly or half hour increments. Hours earned after the maximum of 40 hours is reached will be paid out in dollars as earned in the pay period in lieu of compensatory time, all compensatory time must be approved by the Department Head. 8.6 For the purposes of computing overtime compensation, overtime hours worked shall not be pymmided. compounded, or paid twice for the same hours worked. 8.7 Fiscal Pay period - Bi-weekly (26 Pay Periods per year). Payday is normally every other Wednesday for the service performed for the pay period ending the previous Thursday at 12:00 Midnight. HOLIDAYS 9.1 The following days shall be paid holidays for regular employees New Years Day Martin Luther King Day Presidents Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Personal Holiday January 1 st 3rd Monday in January 3rd Monday in February Yz day plus Yz day floating Last Monday in May July 4th 1 st Monday in September November 11th 4th Thursday in November 4th Friday in November December 24th December 25th Floating 9.2 If the holiday falls on Saturday, the holiday will be observed on the preceding work day; if the holiday falls on a Sunday, the holiday will be observed on the next work day. 9.3 If Christmas fall on a Saturday, Sunday or Monday the Christmas Eve holiday and Christmas holiday will be observed as follows: If Christmas faOs on: Christmas Eve is Christmas is observed on: obsel'11ed on: Saturday Sunday Monday Thursday Friday Friday Friday Monday Monday - 5- 9 A Employees required to work on a holiday shall be paid one and one half times their regular rate of pay for allhours worked on the holiday. 9.5 Each regular employee shall receive a Personal Holiday to be used at the discretion of the employee upon approval of the immediate supervisor. The Personal Holiday hours may not be taken in increments and will be equal to the hours worked on a typical work day. Personal Holiday hours not used before December 31 of any calendar year shall be forfeited. 9.6 Part time employees working 30 hours per week or more and are regularly scheduled to work Monday - Friday shall earn five personal holidays. The hours shall be equivalent to the average work day (i.e. an employee working 6 hours per day shall earn five personal days equaling 30 hours). An employee using a Personal Day the day before or the day after a holiday shall not be entitled to the holiday pay. The addition of the Personal Holiday is not intended to reduce the need to hire full time employees, rather provide for intermittent time off. ARTICLE 10 VACATIONS 10.1. Regular Employees shall earn vacation benefits as follows: a) One year of service - 40 hours b) Two through four years of service - 80 hours c) Five through nine years of service - 120 hours d) Ten through twenty years of service - 160 hours e) Twenty-one to twenty five years of service, an additional eight hours of vacation for each year of employment will be accrued with a maximum of200 hours. 10.2. Vacation hours will be credited each pay period, prorated on the schedule outlined in section 10.1. 10.3. Vacation hours may be taken in increments of not less than one half hour. lOA. Ifan employee is eligible for three (3) or four (4) weeks of vacation, they may take a maximum of two (2) weeks at one time with written approval from the supervisor if received in advance. Employees eligible for 120 hours or more of vacation shall also be required to take at least one block of five consecutive vacation days. 10.5. If an employee is on an approved unpaid leave of absence for less than thirty (30) days, their vacation eligibility will not be affected; should the leave extend beyond thirty (30) days, vacation time will not continue to accrue. 10.6. If a City paid holiday falls during a scheduled vacation period, an employee will not be charged a vacation day for that holiday. 10.7. At an employees option, employees leaving employment shall be compensated for vacation leave earned and unused to the date of separation by lump sum or may request to use vacation accrued as time off. -6- ARTICLE 11 10.8 Employees are allowed to carry forward into the next calendar year, a maximum of one-hundred . (100) vacation hours. All vacatio:i1 hours in excess of 100 hours per employee on December 31 of any calendar year shall be forfeited. 10.9 Vacation preferences shall be designated by March 30, and seniority shall govern in the case of co:nflict and employees shall schedule at least eighty (80%) percent of their vacation time by this time. 10.10 An employee deprived of a vacation or any part thereof due to an emergency, shall be compensated in pay for the vacation time lost, or be allowed the vacation time taken at a later date on approval of the Employer, at the Employer's discretion. If the vacation time denied occurs after December 15 and the employee cannot reschedule the time before the end of the year, up to 40 hours may be carried forward to the next calendar year (above the maximum carry over in section 10.8) These additional hours must be expended no later than February 15 of the following calendar year. Regular part time (not temporary or seasonal) employees shall earn vacation benefits on a pro rata basis (must work a minimum. of 30 hours per week). SICK LEA VB 11.1 Sick leave with pay shall be earned by each regular employee on the basis of eight (8) hours for each month of service. 11.2 Sick Leave may be accumulated up to a maximum of seven hundred and twenty hours (720). When an employee hired prior to May 1, 2001 has reached the maximum accumulation of sick days, s/he will be paid for eight hours at the regular rate of pay for each month that sick leave is earned but not used. When an employee hired after May I, 200 I has reached the maximum accumulation of sick days, s/he will be paid for four (4) hours at the regular rate of pay for each month that sick leave is earned but not used. 11.3 Employees may use their sick leave in increments of not less than one hour at anyone time. 11.4 Sick leave may be granted for the purposes of visiting doctors, dentists or other practitioners in their offices. This time may also be used for tending to a serious illness suffered by a member of an employee's immediate family, in the event the illness requires their personal time and attention. For purposes of this section, immediate family includes spouse, child, parent or sibling living in their home. 11.5 If an employee is permanently disabled, any accrued sick leave shall be paid at the time of the disability. Payment will be equal to one half of the accrued sick leave balance. 11.6 If an employee is on an approved unpaid leave of absence for less than thirty (30) days, an employee's sick leave eligibility will not be affected. Should the leave extend beyond thirty (30) days, sick leave time will not continue to accrue. 11.7 Upon retirement or termination in good standing and after three or more years of service, Employees shall receive four (4) hours of pay for each eight hours of unused accumulated sick -7- leave. When an employee separates employment, in good standing, with 10 or more years of service, slhe will receive 70% of the accumulated balance if paid out in cash or 100% of the accumulated balance if the balance is rolled into an ms approved medical spending account as established by the City of St. Joseph. 11.8 Sick leave may be granted only for absence from duty due to personal illness, legal quarantine, or death or serious illness in the employee's immediate family, and what amount of sick leave that may be used for death in the immediate family and what constitutes "immediate family" shall be a spouse, child, parent or sibling living in their home. 11.9 If the absence is for more than three (3) days in duration. a medical certificate may be required. 11.10 In order for an eligible Employee to receive sick leave, the employee must notify the employer prior to scheduled work to the appropriate supervisor the reason for a proposed absence from duty, and keep the appropriate supervisor informed of his or her condition of the absence daily. An exception to this notification is a multi-day excuse from the doctor submitted prior to the leave. 11.11 Claiming sick leave when physically fit except as provided by this Article may be cause for disciplinary action, including suspension, demotion or dismissal. 11.12 An Employee may supplement benefits received under Workers Compensation up to an amount equal to the difference between such benefits and the employee's normal pay. Employees who receive Workers Compensation while being paid sick leave by the City of St. Joseph will be obligated to report those check amounts to the City of St. Joseph at which time an equal amount of money will be subtracted from the gross pay of the employee's next pay checks before taxes and other deductions are made. ARTICLE 12 FUNERAL LEA VB 12.1 An Employee shall be granted three days leave with pay in the event of a death in the immediate family (spouse, children. father, mother, spouses' parents, spouses' children or legal guardian, brothers and sisters). 12.2 An Employee shall be granted one day leave with pay in the event of a death of a grandparent, spouses' grandparent, grandchildren or sibling or any member of the extended family with the supervisors approval. 12.3 An Employee may take up to one day without pay to attend fimerals of other relatives and friends. Vacation time may be used for this purpose. Employees may only use fimeralleave twice in one calendar year for this purpose. ARTICLE 13 BONE MARROW 13.1 An Employee working an average of20 hours or more per week shall be entitled to a paid leave of absence when undergoing a medical procedure to donate bone marrow. The combined length -8- of leave of absence to complete the procedures shall not exceed 40 work hours, unless the employee specifically agrees to a greater leave. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. ARTICLE 14 JURYDUTY 14.1 It is an employee's civic duty as a citizen to report for jury duty whenever called. If an employee is called for jury duty, the City will permit them to take the necessary time off. The City of St. Joseph will reimburse an employee for the difference between their jury pay and their regular pay, not to exceed eight (8) hours per day for a maximum often (10) business days. ARTICLE 15 MILITARY LEA VB 15.1 Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is entitled to the benefits afforded by those sections. The state law giving IS working days leave per year to National Guard and reserve personnel for training or when called into active duty is mandatory and applies to every city whether or not included in the Ordinance. This section is included simply to make city employees and employers aware of the fact that the State Law applies. ARTICLE 16 UNPAID LEAVES OF ABSENCE 16.1 In the event it is necessary for an employee to be absent from work for reasons other than sick leave, funeral leave, vacation, jury duty or family and medical leave, a written request for an unpaid leave of absence must be made at least fourteen (14) calendar days prior to the effective date of the leave of absence. 16.2 Requested leaves of absence will be granted only when such leave would not affect the services provided by the Employer, is recommended by the City Clerk! Administrator, and is approved by the City Council. The approval of such requests is discretionary with the City Council. 16.3 During an unpaid leave of absence employees will earn no compensation or benefit. ARTICLE 17 INSURANCE 17.1 Hospitalization and Dental Insurance. The following benefits are provided to full time regular employees and regular part time {those working 32 hours per week or more, pro rated based on hours worked; ie: If an employee works 35 hours, the Employer would pay seven eighth of the employer contribution as defined and limited in the literature provided by the insurance company: ./ Group Term Life Insurance ./ Accidental Death and Dismemberment Insurance ./ Major Medical and Surgical Coverage -9- ./ Medical Health Care Coverage ./ Dependents Health Care Coverage ./ Dental Insurance ./ Long Term Disability Insurance a. The Employer will pay 80% of the hospitalization, medical and dental premium with the Employee paying 20% of the premium for full time regular and full time/part time employees (those working 32 hours per week, pro rated based on hours worked; ie: If an employee works 35 hours, the Employer would pay seven eighth of the employer contribution.), their spouse and their dependents for contract year 2002. Insurance shall become effective 30 days after date of hire. b. In the event of termination of employment with the City of S1. Joseph or loss of eligibility to remain covered under the City group health insurance program, the employee and their eligible dependents may have the right to continue coverage under the City Health insurance program at their own expense. c. Upon retirement, employees shall have the right to continue to be covered under the City group health insurance program at their own expense. 17.2 Life Insurance a. All eligible regular employees of the City ofSt. Joseph are covered by the City's Group Life Insurance, at a ratio of 80% paid by the employer and 20% by the employee. Spousal and dependent coverage shall be provided if the coverage is part of the policy covering the employee. This insurance is payable in the event of the employees death from any cause, at any time or place, while they are insured. Payment will be made in a lump sum or in installments to the beneficiary, as designated by the employee. An employee may change their beneficiary whenever they wish by submitting the appropriate documents to the City Office. Refer to the literature provided by the insurance company for details on life insurance coverage. b. The amount of life insurance provided for eligible employees shall be at least $ 30,000. 17.3 Long Term Disability Insurance a. All eligible regular employees of the City of St. Joseph are protected through accumulated sick leave days for short-term disability if they are totally disabled because of illness or accident that is not job related (not to exceed their accumulated sick leave days). Long.term disability begins after 720 hours and is defined in the literature provided by the insurance company. Total disability means that an employee can not perform any position that the City of St. Joseph has available, that an employee is -10- qualified for and normally able to. perform. The City shall not be liable to an employee for the insurer's failure to pay a claim. b. The Employer shall provide all eligible employees with disability insurance as per current policy which includes spousal disability at no cost to the employee. c. Disability Insurance shall become effective 180 days after date of hire. ARTICLE 18 PROBATIONARY PERIODS, SENIORITY, and RESIGNATION 18.1 All newly hired regular employees shall serve a six (6) month probationary period. During their probationary period, employees may be terminated at the sole discretion of the Employer. Termination during probation is not a grievable action. Monthly AFSCME Membership Dues or Fair Share Fee shall be deducted from the first paycheck of every month, beginning the second month of employment in a bargaining unit position. 18.2 Upon completion of the probationary period, employees shall become regular Employees with the meaning of this Agreement and shall have seniority dating from the beginning date of their continuous employment. 18.3 In the event of a layoff or recall, classification seniority shall govern provide that no regular Employee shall be laid off while probationary employees are employed. 18.4 The employee shall provide at least fourteen (14) calendar days written notice of an intent to resign, specifying the termination date, and reason for resignation. Failure to provide such notice may mean loss of termination benefits due under this Agreement, excluding the event of death, illness and/or disability. An unauthorized leave of more than three (3) working days shall be deemed to be a resignation without notice, excluding the event of death and illness and/or disability. 18.5 If an employee was a regular employee and was laid off, they will be considered a regular employee upon return to work, provided that they were not on layoff for longer than two years. Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled. 18.6 When the Employer has determined that recall will be made and the number of employees to be recalled, the Employer will recall senior employees. Employees who refuse a recall from layoff to the position he/she held at the time of layoff will be removed from the recall list. Employees may refuse a recall to a different job within the City and such employees will then only be recalled to their original position. If an employee cannot be promptly reached, the Employer's representative shall send a certified letter (return receipt from addressee only required) to the employee's address of record. If said employee does not report for work within ten (10) -11- working days of receipt of such notice, such an employee will be considered as having voluntarily terminated. 18.7 Ifan employee is reclIlled to a position in a lower ratedjob classification or to a part-time or a seasonal position, he/she shall have the right to return to the job classification he/she held prior to being laid off in the event is subsequently becomes available. If an employee is recalled to a lower rated job classification or to a part-time position which is less that 75% full time, the employee shall have the right to refuse the recall and remain on the recall list. The Employer shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work in the affected job classification and who are willing to be recalled to said classification. 18.8 Employees who are eligible for recall shall be given ten (10) calendar days' notice of recall and shall be sent to the employee by certified or registered mail with a copy to the Union. The employee must notify the Employer ofhislher intention to return within five (5) working days after receiving notice of recall. The employee must be willing to report and to return to work within ten (10) working days following receipt of the notice of recall. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address provided by the employee. It is the obligation and responsibility of the employee to provide the employer with hislher latest mailing address. 18.9 Seniority for full time employees shall be defined as an employee's length of continuous service within the bargaining unit since hislher last date of hire. Part time employees seniority shall be determined by hours worked. 18.10 In the event of a layoff, a minimum of a two week notice must be provided. 18.11 The seniority list, on the date of the Agreement, shall show the names of all employees of each department (City Office and Public Works) entitled to seniority. The employer will provide the Union with an up to date copy of the seniority list upon request. 18.12 An employee shall lose his seniority for the following reasons only: A. He/she resigns. B. He/she is discharged, and the discharge is not reversed through the procedure set forth in this Agreement. C. He/she is absent for three (3) consecutive working days or four (4) calendar days without notifying the employer, unless the employee is mentally or physically unable to notify the employer. Upon return to work, the Employee shall be required to show proof of such inability to notify the employer. After such absence, the employer will send written notification to the employee at hislher last known address that shelhe has lost herlhis seniority and her/his employment has been terminated. If the disposition of such case is not satisfactory, the matter may be referred to the grievance procedure. - 12- D. If shelhe does not return to work when recalled from layoff as set forth in the recall procedure. ARTICLE 19 VACANCIES, NEW POSmONS, and PROMOTIONS 19.1 New positions and vacancies shall be posted on the employees bulletin board in each department, and employees shall have seven (7) calendar days in which to apply. 19.2 The senior employee applying under 19.1 who meet the qualifications as determined by the Employer for the position posted shall be offered the position. The Union acknowledges it is the City's right to determinejob descriptions and qualifications for the positions. The Union shall not have the right to grieve or arbitrate job descriptions or qualifications for the positions. 19.3 Qualification determination will include satisfactory attendance and prior satisfactory job performance. 19.4 If an employee refuses to accept a promotion to the job classification as he/she requested, that employee will no longer be considered for promotion or transfer for that job classification until he/she has resubmitted a request form. 19.5 Employee must have been in hislher current position for a period of no less than six (6) months before any transfer/promotion is approved. 19.6 All approvals for promotion are to be approved by the City Council. 19.7 When a vacancy occurs, the Employer has the authority to hire temporary employees or temporarily transfer current employees while a search for replacement employees is being conducted. ARTICLE 20 DISCIPLINE 20.1 The Employer will discipline employees for just cause only. Discipline shall be in one of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion, or e) discharge 20.2 Suspensions, demotions and discharges will be in written form. 20.3 Written reprimands, notices of suspension and notices of discharge, which are to become part of an employee's personnel file, shall be read and acknowledged by signature of the employee. Employees and AFSCME shall receive a copy of such reprimands and/or notices. 20.3 Employees may examine their own individual personnel files by appointment with the Clerk/Administrator in the presence ofa Union Steward. -13- ARTICLE 21 20.4 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have an AFSCME representative present at such meeting. 20.5 Grievances relating to this Article and involving suspension, demotion or discharge shall be initiated by AFSCME in Step 2 of the Grievance Procedure, under Article 6. WAGES, REIMBURSEMENTS AND LONGEVITY 21.1 Wages a. All Employees shall be paid in accordance with Schedule "A" attached hereto and made a part of this Agreement. For reaching agreement within 30 days, the employer shall pay all regular employees a signing bonus in the amount of $ 500 each. Said bonus will be paid prior to December 31, 2006. b. Employees shall move to their next step on the wage scale on their anniversary date of employment as long as their performance evaluation indicates they are meeting or exceeding expectations. c. Employer shall make deductions available under IRS Section 125. 21.2 Annual performance evaluations are to be conducted by the immediate supervisor within 30 days of the employee's anniversary date. Wage increase shall be effective on the actual anniversary date of the employee. 21.3 Uniforms a All Employees of the Maintenance Department shall be provided uniforms including the weekly laundry of such. b. All Employees of the Maintenance Department shall be required to wear and are allowed to purchase one pair of safety shoes per year with a maximum compensation of 100.00 per year. Employees shall be allowed to carry forward into the next year any unused portion of the allowance. However, at no time shall an employee have an accumulation of greater than $ 200.00. c. All employees covered through the AFSCME Contract shall receive a clothing allowance of$ 17$.00 per calendar year to purchase City of S1. Joseph apparel. The apparel must be purchased through the City approved vendor. 21.4 Longevity a. All current Employees shall receive a longevity payment of $20.00 per full year of service. Effective May 1, 2001 all newly hire employees shall not qualify for this longevity benefit. b. Employees shall be paid longevity in December of each year. - 14- 21.5 Reimbursements a. Meal Reimbursement - The City of St. Joseph shall reimburse any employee of the City of St. Joseph meal expenses incurring while conducting authorized business. Receipts must accompany all reimbursement requests. The rate for reimbursement will be equal to the total allowed under IRS guidelines. The maximum compensation for meals is as follows: i. Breakfast-- $ 7.00 ii. Lunch-- $ 8.00 iii. Dinner-- $ 15.00 b. Mileage - The City ofS1. Joseph shall reimburse any employee of the City of St. Joseph for mileage expenses at the current IRS rate. c. Lodging - The City of St. Joseph shall provide lodging expenses provided that the meeting/conference is more than one day in duration. d. Parking Fees - The City of S1. Joseph shall reimburse employees for parking fees and toll fees provided that a receipt is submitted. e. Commercial Transportation - The City ofS1. Joseph shall reimburse an Official for commercial transportation (air, taxi, rental car, etc. ) when need to attend an authorized meeting, conference, workshop out of the area. If air transportation is required the most reasonable flight patter will be arranged. First Class travel will not be reimbursed. 21.6 School License Reimbursement. The City shall reimburse employees for licenses required to perform their essential job functions. License reimbursement shall be limited to the cost of the Commercial Drivers License endorsement and required State Certifications to operate the City utility systems (Water/Sewer). ARTICLE 22 RETIREMENT CONTRIBUTION 22.1 The Employer shall contribute to PERA for each employee as required by Statute; the Employees shall contribute as required by Statute. ARTICLE 23 PERSONNEL POLICY MANUAL 23.1 Where the Collective Bargaining Agreement conflicts with the Personnel Policy Manual, the collective Bargaining Agreement shall govern. Other wise the Employees shall be subject to the terms and conditions of the Personnel Policy Manual. -15 - ARTICLE 24 WAIVER 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of the Agreement, are hereby superseded. 24.2 All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for its specified term. The Employer and the Union agree that only upon consent of both parties may this agreement be opened during its life for purposes of negotiations on terms and conditions of employtnent covered by this Agreement or those not specifically referred to or covered by this Agreement. ARTICLE 25 SAVINGS CLAUSE 25.1 The Agreement is subject to the laws of the United States, the State of Minnesota and the City of 8t. Joseph. In the event any provisions of this Agreement shall be held contrary to law by court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE 26 DURATION 26.1 This Agreement shall be effective as the I sf day of January, 2007 and shall remain in force and effect until the 31 sf day of December, 2008 the anniversary date. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, by July 1 sf prior to the anniversary date, that it desires to modify this Agreement. This agreement shall remain in full force and effect during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. 26.2 In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less then ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF the parties, hereto have set their hands and seals this 12th day of December, 2006. CITY OF ST. JOSEPH AMERICAN FEDERATION OF COUNTY STATE AND MUNICIPAL EMPLOYEES By: By: Richard Carlbom, Mayor Jim Marthaler, President By: By: Judy Weyrens Clerk/Administrator By: ~ 16- Wages - 2007 thru 2008 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 -- Public Works Director .', ' . ..,., l;, Y. 2007 - 3.25% 20.23 21.32 22.39 23.29 25.20 25.97 26.60 27.69 2008 - 3.25% 20.89 22.02 23.12 24.04 26.02 26.81 27.47 28.59 Assistant Administrator 2007 - 3.25% 19.04 20.08 21.10 22.03 23.70 24.44 25.05 26.05 2008 - 3.25% 19.66 20.73 21.78 22.75 24.47 25.23 25.87 26.90 Finance Qificer 2007 - 3.25% 17.73 18.41 19.33 20.21 21.76 22.41 22.97 23.90 2008 - 3.25% 18.31 19.01 19.96 20.87 22.47 23.13 23.71 24.68 Wastewater Operator 2007 - 3.25% 16.53 17.70 18.32 19.13 20.60 21.20 21.75 22.62 2008 - 3.25% 17.06 18.28 18.91 19.75 21.27 21.89 22.46 23.35 .....'''' Administrative Assishlnt Maintenance Worker If ,':;'l~'l 2007 - 3.25% 15.62 16.49 17.31 18.09 19.47 20.06 20.56 21.39 2008 - 3.25% 16.12 17.02 17.87 18.68 20.11 20.71 21.22 22.09 - Recptionist I Secretary ;d'" , . ,--.." '"".~ 2007 .. 3.25% 14.22 15.00 15.75 16.45 17.28 18.24 18.69 19.45 2008 - 3.25% 14.68 15.49 16.26 16.98 17.84 18.83 19.30 20.08 -- Laborer - Non Union ,:. -. ,,, ;. . . "" " ''-' ',~,. ;'l~. , . ... ,:, -,;~ 2007 - 3.25% 9.71 10.20 10.71 11.24 11.80 12.39 13.01 13.67 2008 - 3.25% 10.03 10.53 11.05 11.61 ,12.19 12.80 13.44 14.11 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 21, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Administrator Reports - Data View On Line PREVIOUS ACTION The City has previously approved the purchase of Data View, a GIS Mapping software offered and supported by SEH.. The City Offices uses this software daily and have provided access to the Maintenance Department via the terminal server. The software was planned as part ofthe Storm Water Utility. RECOMMENDED COUNCIL ACTION Authorize execution of the contract between the City ofSt. Joseph and SEH for Data View On Line. FISCAL IMP ACT 2007 Cost - $ 3,500 to be expended from the Storm Water Utility, Water and Sewer Funds COMMENTS/RECOMMENDATIONS ~ SEH ReceIVED DEe 1 4 2006 CITY OF ST. JOSEPH December 13, 2006 RE: City of Saint Joseph Data View Online Implementation SEH No. P-STJOE0705.00 Ms. Judy Weyrens City Administrator City of St. Joseph 25 College A venue P.O. Box 668 St. Joseph, Minnesota 56374-0668 Dear Ms. Weyrens: Over the past several months, you expressed an intent to purchase Data View Online in 2007, which will provide the City of Saint Joseph with a greater level of Geographic Information System (GIS) services. As 2006 comes to a close, for your convenience, I've included the Application Service Provider Master Agreement for DataView Online. This new, cost-effective, secure, web-based, GIS application helps our clients improve staff efficiency and data management, in addition to saving time and money. Short Elliott Hendrickson Inc. (SEH@) is pleased to offer the City with Data View Online Implementation, training and support to City Staff. Data View Online can assist the City by generating mailing labels and maps of selected parcels/properties within 350 feet when applying for zoning variances - doing in a matter of minutes what used to take your staff hours or days to complete. As the City builds or develops additional geographic data, it can be added to Data View saving you even more time by: . Generating maps for developers or residents that include aerial images, parcel boundaries, zoning information and utilities . Satisfying residents' requests for voting precinct poll locations, school district boundary information, or the distance from their homes to the closest fire hydrant . Locating streets on maps and accessing scanned as-builts or plan sets to send or email to developers and consultants . Identifying water main installation dates, sizes and material and when hydrants were last flushed Data View Online is available via the SEH Client Access Point, our password-protected web portal, and is available exclusively to SEH clients. To use this new GIS application, subscribers must have a high-speed connection to the Internet, DSL or broadband, and web browser software such as Microsoft Internet Explorer. SEH uses WebSphere by IBM Security, providing you the same level of security experienced when making internet financial transactions. We estimate that the upgrade can be completed in four to six weeks. * Please sign the master agreement on page 5 and the service addendum on page 2 of the attached Agreement and return to me. I will provide you with a fully executed copy shortly after I receive the agreement from you. If you have any questions, please do not hesitate to contact me at 1.800.325.2055. Sincerely, f~t;~ Rebecca Blue Director of GIS Services *This estimate is valid for 120 days. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, 81. Paul, MN 55110-5196 8EH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES This Agreement is made between Short Elliott Hendrickson, Inc. (SEH, Inc.) and St. Joseph, Minnesota Hereafter referred to as the (t1Client") on January 1, 2007. This Application Service Provider Master Agreement for SEH Client Portal Services shall reference the supplemental Service Addendum(s) attached at the end of this Agreement. The Service Addendum(s) shall identify specific products, contract duration/terms, and compensation. In consideration of the Client retaining SEH, Inc. to provide and maintain the SEH Client Portal Services, it is agreed as follows: 1. Scope of Services The Client hereby retains SEH, Inc. and SEH, Inc. hereby agrees to provide and maintain the SEH Client Portal Services. These services will be delivered via the Internet and will be defined in the following ,paragraphs and addendums. The Client agrees to pay SEH, Inc. the amount listed in the Service Addendum(s) attached at the end of this Agreement. 2. Providing Service The SEH Client Portal Service will provide the Client with the means to access all contracted services using their web browser and the Internet. The type of service(s) that this Agreement covers is listed in the Service Addendum(s) attached at the end of this Agreement. This Agreement does not include the Client's connection to the Internet. Technical Application Support (T AS) is defined as providing assistance on how to use the application from a technology perspective within the web browser. (i.e.-The end user of the application does not understand how to move from one page to the next. T AS will respond to a request on how to do that.) The service also includes: . TAS for Client provided via a "Request Technical Help" link on the start page. . T AS for client system administrators provided by phone and direct email. . Archival of databases upon request and not to exceed once each month. . Any upgrades developed during the Agreement. 3. Product Support SEH, Inc. will provide up to four (4) hours ofTAS per month during the duration of this Agreement. Additional TAS, in excess of the aforementioned four (4) hours per month, will be billed at the rate of $75/hour and will be billed in fifteen (15) minute increments. 4. Product Training Training sessions can be substituted for a month's T AS work twice each Agreement term. This substitution is limited to four (4) hours of training time. Additional time and expenses allocated in order to carry out a training session will be negotiated in a separate contract. 5. Service Level The SEH Client Portal Service will be available and working 99.9% of the time between the hours of7:00 AM and 7:00 PM Monday through Friday, excluding national holidays. The SEH Client Portal Service will also be available at other times, but system 'down-time' will not be eligible for Credits as described in Section 6 labeled Credits below. St. Joseph, Minnesota January 1, 2007 Page 1 of5 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 6. Credits In the event that there is a lack of availability of the SEH Client Portal Service during the time periods identified in Section 5 of this contract, SEH, Inc. will credit the monthly/annual Ongoing Service (OS) Fee for the outage period as calculated below and as measured a third party (Keynote Red Alert), who will be independently contracted by SEH, Inc. Outages will be computed by determining a percentage of downtime based upon the stated hours of availability and a monthly outage report received from Keynote Red Alert. Credits will be applied in accordance with the schedule identified below, with the maximum credit not to exceed the monthly service charge for the affected month: Service Availability 99.9% and above 98.0% up to 99.9% 95.0% up to 98.0% 90.0% up to 95.0% Below 90.0% Credit No credit applied 10% 25% 50% 100% If applicable, these credits will be automatically deducted from the monthly/annual OS fee as indicated on the Client's monthly invoice. If, upon review of the monthly invoice, the Client determines that an applicable credit was NOT applied for eligible down time, the Client must request a credit within ten (10) business days of the date of the invoice. The Client must request credit by sending an electronic mail message to Jason Sprague, Director of Web Portal Services, at isprague(a:Jsehinc.com. For security reasons , the body of this message must contain the Client's invoice number as shown on its invoice, the dates and times of the unavailability of the Service, and such other client identification requested by SEH, Inc. Credits will usually be applied within sixty (60) days of the Client's credit request. Credit to the Client's account shall be its sole and exclusive remedy in the event that there is no availability. 7. Credit Restrictions Credit shall not be provided to the Client in the event that it experiences a lack of Availability resulting from (i) scheduled maintenance as posted from time to time on the portal site, (ii) Client's behavior or the performance or failure of its equipment, facilities or applications, or (iii) circumstances beyond SEH, Inc. reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Client's Service. 8. Ownership of System and Data The Client acknowledges that all program files are the sole ownership of SEH, Inc. and SEH, Inc. acknowledges that all Client-provided data is the sole ownership of the Client. SEH, Inc. reserves the right to download the database files for maintenance and backup purposes. 9. Use of System SEH, Inc. grants the Client with limited use of the administrative portion of their system by a limited number of Client employees. The Client is not authorized to give other organizations access to the system or otherwise share the system with anyone outside the Client organization. SEH, Inc. reserve the right to cancel service if this is not observed. St. Joseph, Minnesota January 1, 2007 Page 2 015 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 10. Confidentiality of Agreement ~ SEH, Inc. recognizes and acknowledges that this Agreement creates a confidential relationship between SEH, Inc. and the Client and that information concerning the Client's business affairs is confidential in nature. All such information concerning the Client is hereinafter collectively referred to as "Confidential Information. " 11. Non-Disclosure SEH, Inc. agrees that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to the Client database files, documents, papers, and other matter in its possession or control that relate to the Client. 12. Contract Extension Upon conclusion of the identified contract term in the Service Addendum(s), this contract will be automatically renewed for a subsequent twelve (12) month period. Any additional negotiations related to the extension of this Agreement, will be completed at least thirty (30) days prior to the expiration date of this Agreement. The terms of extension will be provided to the Client via electronic mail in an Annual Renewal Notice. 13. Permits & Licenses SEH, Inc. shall, at its expense, procure all licenses and permits which are required to lawfully render the services and agree to comply with all the statutes, ordinances and regulations which are applicable to the conduct of its services hereunder. 14. Choice of Law This Agreement shall be executed in connection herewith shall be construed and governed by the laws of the State of Minnesota and shall be binding upon and inure to the benefit of the parties hereto. The parties agree to submit to the jurisdiction of the courts within the State of Minnesota. 15. Remedies for Breach If either party breaches the above Agreement, the offended party shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the offending party from employing such employee and for an order to enforce the terms of this section so breached. 16. Termination If one party (offending party) breaches one or more obligations hereunder, the other party (offended party) shall give the offending party notice which shall specify the nature of the breach. The offending party shall then have thirty (30) days from the receipt of such notice to remedy the breach for which such notice has been given. If at the end of such thirty (30) day period, the Offending party has not cured the breach, the Offended party may thereupon terminate this Agreement by giving the offending party a written notice of termination and at the expiration of the 14th day following the delivery of such notice, the Agreement shall be deemed to be terminated and the offended party shall be relieved from further performance of its obligations hereunder. A. Termination by SEH, Inc. Not withstanding the previous section, SEH, Inc. may terminate this Agreement upon 30 days prior written notice if the Client fails to pay SEH, Inc. in accordance with the provisions of above Agreement. St. Joseph, Minnesota January 1,2007 Page 3 of5 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES B. Termination by Client The Client may terminate this Agreement when it determines that termination is in the best interests of the Client by giving SEH, Inc. 30 days written notice of the termination. If the Agreement is terminated per this section, SEH, Inc. shall be paid its fee for all services rendered to date of termination. 17. Severability Clause If a court holds any part, term, or provision of the Agreement to be unenforceable, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term, or provision. The parties agree that any Agreement by the Client to indemnify shall be construed to be enforceable to the maximum extent allowed by law. 18. Headings The headings that appear in this Agreement have been inserted for the purpose of convenience and ready reference. They are not intended to and shall not be deemed to defme, limit or extend the scope or intent of any provision thereof. 19. The Client's Authority The Client represents and warrants to SEH, Inc. that the Client has the requisite power and authority to enter into and perform the terms of this Agreement and that the Client has done and will continue to do all things necessary so that this Agreement will be valid, binding, and legally enforceable upon the Client. 20. Assignments This Agreement is not assignable by either party without the prior written consent of the other party, except for an assignment by either party to a parent or a controlled subsidiary or that party. 21. Limitation of Claims Claims of either party against the other not presented to the other party in writing within one year of the date or the time allowed in the applicable statute of limitations, whichever is longer. 22. Consequential Damages The parties agree that in no case shall SEH, Inc. or the Client be liable for any loss of business, consequential, or indirect damages. 23. Entire Agreement and Notice This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. 24. Indemnification (a) Indemnification of the Client SEH, Inc. agrees to indemnify and hold the Client and its elected officials, officers and employees harmless from any liability (including reasonable attorney's fees and costs) imposed against the Client by reason of the negligent actions or omissions of SEH, Inc. or its employees in performing its services specified in this Agreement. (b) Indemnification of SEH, Inc. The Client agrees to indemnify and hold SEH, Inc. harmless from any liability (including reasonable attorney's fees and costs) imposed against SEH, Inc. by reason of the negligent actions or omissions of the Client or its employees in performing its services specified in the Agreement. St. Joseph, Minnesota January 1, 2007 Page 4 of5 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES IN WITNESS WHEREOF, The Client and SEH, Inc. have duly executed this Agreement as of the day and year first above written. Accepted and approved by this ---.:. day of ,200_. St. Joseph, Minnesota SEH, Inc. Signature Date Signature Date Print Name Print Name Title Title St. Joseph, Alinnesota January 1, 2007 Page 5 015 SERVICE ADDENDUM FOR SEH CLIENT PORTAL SERVICES DA TA VIEWONLINE PRODUCT This Service Addendum is made between Short Elliott Hendrickson, Inc. (SEH, Inc.) and St. Joseph, Minnesota Hereafter referred to as the ("Client"). This Service Addendum for SEH Client Portal Services supplements the Application Service Provider Master Agreementfor SEH Client Portal Services. In consideration of the Client retaining SEH, Inc. to provide and maintain the SEH Client Portal Services, in accordance with our Application Service Provider Master Agreement, as it relates to the DataViewOnline product, it is agreed as follows: Product, Term, and Compensation Product: Start Date: Expiration Date: Initiation Fee: Annual Ongoing Service (OS) Fee: User Licenses: SEH DataViewOnline - Secure web-based GIS application January 1,2007 December 31, 2007 $2,500 $1,200 5 Contract Terms The one-time Initiation Fee for implementing your DataViewOnline is $2,500. This fee is assessed to new portal clients at the time of contract initiation only. The Ongoing Service Fee for application access and support will be $1 ,200/year, billed annually. The total cost of the application in Year #1 will be $3,700. ($2,500 Initiation Fee + $1,200 Ongoing Service Fee.) In subsequent plan years, the Client will only be assessed the Ongoing Service Fee (plus related training and data update costs if necessary) for an annual cost of$I,200 /year. This Service Addendum and the above mentioned costs are for Data ViewOnline services only. Data updates such as parcels, zoning, utilities or adding additional datasets will be conducted as a separate project, typically on a time and materials basis. SEH, Inc. reserves the right to review application pricing upon the completion of each contract term. Pricing revisions (if applicable) will be provided to the Client prior to the expiration date of the existing contract. The application pricing for the existing contract term and the application pricing for the subsequent new contract term will be provided to the Client in the Annual Renewal Notice. The Annual Renewal Notice will be sent to the Client contact via electronic mail thirty (30) days prior to the expiration date of the existing contract. The contract, and the terms herein, will be automatically renewed, unless otherwise indicated by the Client. This Agreement shall commence on the date stated above, and shall remain in effect until the identified expiration date. St. Joseph, Minnesota January 1, 2007 Page 1 of2 APPLlCATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL S.ERVICES This Agreement provides the Client 5 user licenses. This is the total number of users (unique username and password) the Client can identify for use within the system. Additional user li(;enses may be purchased from SEH, Inc. at a cost of $ 150/additional user. Data Disclaimer SEH makes no warranties or guarantees, either expressed or implied as to the completeness, accuracy, or correctness ofthe data contained within DataViewOnline, nor accepts any liability, arising from any incorrect, incomplete or misleading information contained therein. The data is neither a legally recorded map nor a survey and is not intended to be used as one. This data is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. Contact Information For purposes of Client communication and Agreement renewal, the. following individual has been identified as the Client contact. All correspondence/invoices will be directed to the identified contact. Please forward any changes in Client contact to SEH, Inc. when applicable. Phone: Fax: E-mail: St. Joseph,~innesota Judy Weyrens 25 College Avenue North PO Box 668 St. Joseph ~ 56374 320-363-7201 320.363.0342 jweyrens@cityofstjoseph.com Client: Contact Name: Address: IN WITNESS WHEREOF, The Client and SEH, Inc. agree to the terms set forth in this Service Addendum, and have duly executed this Agreement effective as of the Start Date identified above. Accepted and approved by this _ day of ,200_. Add additional user licenses at $150 per user. St. Joseph, Minnesota SEH, Inc. Signature Date Signature Date Print Name Print Name Title Title St. Joseph, Minnesota January I, 2007 Page 2 of2 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: December 18,2006 Police ORIGINATING DEPARTMENT AGENDA ITEM: Donation of Automatic External Defibulator PREVIOUS ACTION: None RECOMMENDED BOARD ACTION: Pass FISCAL IMPACT: None COMMENTS/RECOMMENDA TIONS: Defib was donated to the police department by the St. Cloud Hospital Heart Unit. Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: December 7. 2006 Engineering Tracy Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2007 Jade Road Improvements. PREVIOUS ACTION ISD742 School Improvement Feasibility Study was completed in November 2005 to evaluate two school site locations. RECOMMENDED COUNCIL ACTION Prepare Revised Feasibility Report. Review attached schedule. The developer has also requested the City Council to consider authorizing Design Plans and Specification in order to move up the bid date on the schedule. If the Council ,goes forward with authorizing plans and specifications, changes may need to be made to the developer's agreement in order address the city/developer responsibility regarding this issue (to be discussed at the council meeting). FISCAL IMPACT Estimated cost to update feasiblity report is $5,000 and will be included in the engineering cost for the overall project. Opinion of probable construction cost and proposed assessments will be presented with the F easiblity Report. COMMENTS/RECOMMENDA TIONS The City Council authorized $17,500 to prepare the initial ISD742 Feasibility Study, in 2005 which included~estimated costs for two different site locations for the new school. The cost billed to the City for the initial feasibility study was $12,720. In addition to updating the costs, the scope of the project has changed (Le. the developer has requested the city include the following in the public project in order to meet the school's schedule: stormwater pond located west of Jade Road, trunk water and sewer mains from College Avenue (starting at the lift station located near St Joseph Town Hall) to the school, and trail improvements from Iverson Street to Jade Road. The initial study only included a small portion ofthe water and sewer mains and trail on Jade Road. This project was included in the Capital Improvement Plan for 2007. X:ISlstjoelcommon\D39 Req Council Actionl0603 2006 street request.doc 12/7/06 City of St Joseph 2007 Jade Road Improvements Schedule . City Council Authorize Update to Feasibility Study December 18, 2006 Present Feasibility Study to City Council January 18, 2007 Public Improvement Hearing January 30 or February 1,2007 Council Order Plans and Specs Preliminary Review - City, County, Utilities February 19,2007 Design February 1 - March 30, 2007 City Review April 2 - April 11, 2007 Council Authorize Advertisement April 19, 2007 Publish in Construction Bulletin April 30 and May 7,2007 Local Paper April 27 and May 4, 2007 Bid Date May 24, 2007 Award June 7, 2007 Substantially Complete September 15,2007 Final Completion July 15, 2008 P:\PT\S\stjoe\commonlJade Road Schedule 12072006.doc 2 Vi c: .2' 2 '00 '" ii1 /' 2 C5 '" ~ Jt. SEH FIGURE C SITE 2 IMPROVEMENTS ST. JOSEPH, MINNESOTA AIRPORT 1550. 45th Avenue S.E. St. Cloud, MN 56304 PARK DEPARTMENT 400 . 2nd Street South St. Cloud, MN 56301 PUBLIC WORKS DEPARTMENT Engineering 400 . 2nd Street South St. Cloud, MN 56301 PUBLIC UTILITIES Water Utility 1000. 5thAvenue North St. Claw;!, MN 56303 . City ~f /. IC.'~' t \ \ /~ \Ii \/ '-' ,~...~.(--'''-,.---'''' ~~~~~=::;7 tCloud Operation and Maintenance 1200. 15th Avenue S.E. St. Cloud, MN 56304 Waste Water Utility 525 . 60th Street South St. Cloud, MN 56301 Minnesota Hydroelectric Utility 8 . 11th Street South St. Cloud, MN 56301 DEPARTMENT OF PUBLIC SERVICES December 4, 2006 Mayor Richard Carlbom' City of St. Joseph PO Box 372 St. Joseph, MN 56374 RE: Annual Review of Costs Dear Mayor Carlbom: The Sewer Use Agreement requires the City of St. Cloud provide' 51. Joseph with an annual review of unit costs for wastewater treatment services. The enclosed information is presented to satisfy that stipulation. The budget figureSltsed to calculate the 2007 rates have not been formally approved by the St. Cloud City CounCil. As stated in previous yearly reports, there are two outstanding bonds for the. energy improvements and constroctionof a biosolids storage facility. The combined principal and interestpayments are shown in Gategory A Debt Service. Please contact me at (320) 650-2812 if you have any questions regarding the enclosed items. Thank you, ,;./.~ ~~ ?~//. ..... . Kenneth H. Robinson Director of Public Utilities c Mayor Dave Kleis, City of St. Cloud Mike Williams, City Administrator John Norman, Finance Director Steve Gaetz, Public Services Director RECEIVED DEe 0 8 2006 CITY OF ST. JOSEPH http://ci.stcloucl.YYlYl.us The City of St. Cloud. Minnesota wili not discriminate on the basis of race, color, creed, religion, national origin. sex, disability, age, marital status. status with reguard to public assistance, familial status or sexual orientation. Upon request, accommodation wili be provided to aliow individuals with disabilities to participate in all city services. programs and activities. Development of Cateaorv Unit Charaes - St. Joseph 2007 Budget: Cat. A - Debt Service Cat. E - 0, M & R $715,100 $3,469,012. Flow and Loading to WPCF: Flow: 3,865,500 (1000 gallons) CBOD: 58,853 (100 Ibs.) TSS: 59,740 (100 Ibs.) Cat. A - Flow: $715,100 x 1/3 = $ 0.062 /1000 gals. 3,865,500 (1 000 gallons) CBOD: $715,100 x 1/3 = $ 4.050 /100 Ibs 58,853 (100 Ibs.) TSS: $715,100 x 1/3 = $ 3.990 /100 Ibs 59,740 (100 Ibs.) Cat. E - Flow: $3,469,012 x 1/3 = $ 0.299 /1000 gals. 3,865,509 (1000 gallons) CBOD: $3,469.012 x 1/3 = $ 19.648 /100 Ibs 58,853 (100 Ibs.) TSS: $3,469.012 x 1/3 = $ 19.356 /100 Ibs 59,740 (100 Ibs.) Per Contract -- $1 ,800 for General City Administration COMPARISON OF UNIT CHARGES 2006-2007 ST JOSEPH 2006 Budqet 2007 Budqet Category A $715,300 $2,817,992 $715,100 $3,469,012 Category E 2006 Unit Charqes 2007 Unit Charqes Category A - Flow $ 0.066 /1000 gals. 0.062 /1000 gals. CBOD $ 4.605 /100 Ibs 4.050 /100 Ibs TSS $ 4.505 /100 Ibs 3.990 /100 Ibs Category E - Flow $ 0.260 /1000 gals. 0.299 /1000 gals. CBOD $ 18.143 /100 Ibs 19.648 /100 Ibs TSS $ 17.747 /100 Ibs 19.356 /100 Ibs MEMO TO: St.Joseph Mayor and Judy Weyrens DATE: December 6,2006 FROM: Marjorie Lesnick I?P tJLt/~ ~i~.L RE: Resignation :from St. Joseph Planning Commission Effective January 1 st, 2007, please accept my resignation from the S1. Joseph Planning Commission. I feel it is time for me to step down and let the younger generation share their knowledge and expertise. Over the years I have worked with so many wonderful people and I will thoroughly miss you all. Now I would like to dedicate more time with the St. Joseph Park Board in keeping our parks beautiful and accommodating to the Community. It's been an honor serving you and thank you!