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Home My WebLink About2007 [07] Jul 19 {Book 41} Administrdtor Judy Weyrens MdYor Richdrd Cdflbom Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council July 19, 2007 7 :00 PM 1. Call to Order 2. Approve Agenda 3. Consent Agenda a. Minutes - Requested Action: Approve the minutes of July 5, 2007. b. Bills Payable - Requested Action: Approve check numbers 039047-039119. c. Credit Card Policy - Requested Action: Authorize the Mayor and Administrator to execute the Credit Card Policy. d. Gambling Site Permit - Requested Action: Accept the Application of the St. Joseph Lions to conduct off-site Gambling at the St. Joseph Meat Market. e. 2008 Budget - Requested Action: Adopt the proposed Budget Schedule. 4. Public Comments to the Agenda 5. 7:00 PM Fire Department - Fire Relief Report 6. Treasurer's Report 7. City Engineer Reports 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Parking Lot Improvements b. CSAH 75/Northland Drive Signal 11. Adjourn 2." College Avenue North, PO Box bb8 . Sdint. joseph, Minnesotd .,b)74 Phone j2.0.jbj.72.01 FclX j2.0.jbj.Oj42. ST. JOSEPH CITY COUNCIL July 19,2007 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ~~~ ~ ~ ,"'71 I! - , j 3. j;V! /:~'l ,. _~ <.tZ'4'p ~'" e::;.,. 2. 4. 1. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ADDRESS (5 " r 2M/' /Jvp S:? j"eJ 5 t< "'1 ' t;' <-t: -. ~--< 5:J) !) Council Agenda Item 3b ClTY OF HT.JCh<;fo;I.H MEETING DATE: July 19,2007 AGENDA ITEM: 039119. Bills Payable - Requested Action: Approve check numbers 039047- SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: Bills Payable - July 19, 2007 REQUESTED COUNCIL ACTION: Approve check numbers 039047-039119. City of St. Joseph Bills Payable Page' July 16, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 039047 NCPERS GROUP LIFE INSURANCE life insurance-July $9.00 101 039048 QWEST-TELEPHONE Telephone Service-June $3.13 101 42151 321 039048 QWEST-TELEPHONE Telephone Service-June $3.16 602 49473 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 602 49472 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 602 49471 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 602 49470 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 601 49440 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 150 46500 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 101 45201 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 101 41946 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 101 41941 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 101 41430 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 602 49490 321 039048 QWEST-TELEPHONE Telephone Service-June $3.13 105 42250 321 039049 FIRST STATE-CREDIT CARD postage scale $57.76 101 42120 200 039049 FIRST STATE-CREDIT CARD Membership fee $22.00 601 49440 433 039049 FIRST STATE-CREDIT CARD postage scale $57.76 101 41430 200 039049 FIRST STATE-CREDIT CARD postage scale $57.77 601 49440 200 039049 FIRST STATE-CREDIT CARD Membership fee $22.00 602 49490 433 039049 FIRST STATE-CREDIT CARD Membership fee $22.00 101 42120 433 039049 FIRST STATE-CREDIT CARD Membership fee $22.00 101 41430 433 039049 FIRST STATE-CREDIT CARD postage scale $57.77 602 49490 200 039049 FIRST STATE-CREDIT CARD Membership fee $22.00 101 43120 433 039050 FARM PLAN seat suspension $452.63 101 45201 220 039051 MILLS FLEET FARM air filter, oil, cement, wrench $66.31 602 49490 210 039051 MILLS FLEET FARM plants $16.52 602 49490 200 039052 MENARDS treated lumber $113.30 101 45202 210 039053 EFTPS Medicare Reg pp 14, 14.1 Con 7 $1,289.32 101 039053 EFTPS Reg Pp 14, 14.1, Con 7 $3,590.14 101 039053 EFTPS SS Reg pp 14,14.1, Con 7 $3,630.32 101 039054 COMMISSIONER OF REVENUE Reg pp 14,14.1 Con 7 $1,607.02 101 039055 ING LIFE INS & ANNUITY COMPANY Reg pp 14, 14.1 $1,423.56 101 039056 PERA Reg pp 14, Con 7 $5,826.84 101 039057 FIRST STATE BANK L Bartlett-Employer Contribution $377.67 101 41430 131 039057 FIRST STATE BANK Reg pp 14 Employee HSA Contribution $165.00 101 039059 ABBOTT, LONNIE 3 Park Board Meetings $105.00 101 41120 103 039060 ACCLAIM BENEFITS administration $5.00 603 43230 137 039060 ACCLAIM BENEFITS administration $10.66 602 49490 137 039060 ACCLAIM BENEFITS administration $10.67 601 49440 137 039060 ACCLAIM BENEFITS administration $10.67 101 45202 137 039060 ACCLAIM BENEFITS administration $48.00 101 42120 137 039060 ACCLAIM BENEFITS administration $5.00 101 41530 137 039060 ACCLAIM BENEFITS administration $10.00 101 41430 137 039061 AFSCME COUNCIL 65 dues-July $328.95 101 039062 ALLIED WASTE SERVICES June Services $71.78 101 45201 384 039062 ALLIED WASTE SERVICES Julie Services $71.77 602 49490 384 039062 ALLIED WASTE SERVICES June Services $71.77 105 42220 384 039062 ALLIED WASTE SERVICES June Services $235.57 101 45202 384 039062 ALLIED WASTE SERVICES June Services $50.39 101 43120 384 039062 ALLIED WASTE SERVICES June Services $16,233.96 603 43230 384 039063 AMERICAN BUSINESS FORMS AlP checks $268.00 101 41530 200 039064 ASSOC OF MN EMERGENCY Membership dues-2007 $100.00 101 42500 433 039065 BERGHORST, BRUCE 3 Park Board Meetings $105.00 101 41120 103 039066 BORGERT PRODUCTS, INC/SKN 1 st half 2007 tax settlement $11,385.53 155 46500 622 039067 BRANNAN LOCKSMITH duplicate keys $57.78 101 42120 200 039067 BRANNAN LOCKSMITH repair lock Millstream Park $50.00 101 45202 220 039068 BROWN BELL, ALISON 3 Park Board Meetings $105.00 101 41120 103 039069 C & L EXCAVATING, INC 2006 Str Improvement $79,894.81 438 43120 530 039070 CITY OF ST. CLOUD sewer rental charges-June $12,893.04 602 49480 419 City of St. Joseph Bills Payable July 16, 2007 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 039071 EHLERT, CORY 3 Park Board Meetings $105.00 101 41120 103 039072 . FINKEN WATER CENTERS drinking water $50.00 105 42220 210 039073 FLEXIBLE PIPE TOOL COMPANY aluminum vac tube $481.76 602 49480 210 039074 GAMEDAY ATHLETIC 4 Basketball Systems $2,831.22 205 45203 531 039075 HACH COMPANY pipet, deionized water, sample cells $140.71 601 49421 210 039075 HACH COMPANY pipet, deionized water, sample cells $140.70 601 49420 210 039076 HAMPTON INN Symanietz-MN League Conference $505.14 101 41110 331 039077 HARDRIVES 60CY salt sand $1,757.25 101 43120 210 039078 HAWKINS WATER TREATMENT Azone 15 $1,273.00 601 49420 210 039078 HAWKINS WATER TREATMENT R-999 Buffer Solution $128.96 601 49420 210 039079 HENRYS WATERWORKS INC water meters, connections wiring $805.09 601 49430 210 039080 JOHN T JONES Pay App 16 $193,314.18 601 49431 530 039081 K & L LAWN CARE lawn mowing 246 17th Ave SE $42.80 101 43120 300 039081 K & L LAWN CARE lawn mowing 140, 142, 144, 146, 130, 132, $64.20 101 43120 300 039081 K & L LAWN CARE 726 19th Ave NE $42.80 101 43120 300 039081 K & L LAWN CARE lawn mowing 703 19th Ave NE $64.20 101 43120 300 039081 K & L LAWN CARE lawn mowing 234 17th Ave SE $42.80 101 43120 300 039081 K & L LAWNCARE lawn mowing 240 17th Ave NE $42.80 101 43120 300 039081 K & L LAWN CARE 1703 Dale St $42.80 101 43120 300 039082 KEEPRS, INC/CY'S UNIFORMS M Johnson embroidery $5.33 101 42120 171 039082 KEEPRS, INC/CY'S UNIFORMS 1 safety vest $27.68 101 42120 240 039082 KEEPRS, INC/CY'S UNIFORMS 5 safety vests $138.40 101 42120 240 039083 KLEIN - GOERGER BUILDERS Concrete Slab-Millstream, sidewalk, set $9,025.00 205 45203 531 039084 KLN DISTRIBUTING, INC Finance Director Comp $1,752.99 490 41430 581 039085 LANGUAGE LINE over the phone interpretation $12.25 101 42151 320 039086 LAW ENFORCEMENT LABOR dues-July $276.50 101 039087 LEAGUE OF MN CITIES INS TRUST Claim 00941052 $142.37 101 42120 151 039088 LEEF BROS Clothing Exp-June $65.60 601 49440 171 039088 LEEF BROS floor mats, towels $51.03 101 42120 171 039088 LEEF BROS Clothing Exp-June $65.60 101 45202 171 039088 LEEF BROS Clothing Exp-June $65.60 602 49490 171 039088 LEEF BROS Clothin!i Exp-June $65.60 101 43120 171 039088 LEEF BROS floor mats, towels $111.21 101 41430 171 039089 LEE'S ACE HARDWARE supplies $139.29 601 49440 220 039089 LEE'S ACE HARDWARE supplies $33.12 602 49450 220 039089 LEE'S ACE HARDWARE supplies $132.45 105 42250 230 039089 LEE'S ACE HARDWARE supplies $3.84 101 42120 220 039089 LEE'S ACE HARDWARE supplies $1.99 101 45201 220 039089 LEE'S ACE HARDWARE Maintenance $55.39 101 41942 210 039089 LEE'S ACE HARDWARE supplies $24.13 101 45202 220 039090 LESNICK, MARGE 3 Park Board Meetings $105.00 101 41120 103 039091 METRO PLUMBING & HEATING repair AC at Old City Hall $215.75 101 41941 220 039091 METRO PLUMBING & HEATING sprinkler system water plant 2 $785.00 601 49431 530 039092 MIDWAY IRON AND METAL 7' pipe/ basketball court $165.71 205 45203 531 039093 MINNESOTA ELEVATOR, INC service-July $89.85 101 41942 220 039094 MINNESOTA UC FUND Gustin 2nd Qtr unemployement $714.10 101 42120 142 039094 MINNESOTA UC FUND Bromenschenk 2nd Qtr unemployement $7.76 101 42120 142 039095 MINNWEST BANK 1st half 2007 Tax settlement $26,744.64 156 46500 622 039096 MN STATE FIRE DEPART ASSOC. 2007 Membership dues $99.00 105 42240 331 039097 MUNICIPAL DEVELOPMENT CORP eda contract hours-June $2,333.13 150 46500 300 039098 MUSKE, CHUCK 3 Park Board Meetings $105.00 101 41120 103 039099 OFFICE MAX Color FS LDG #24 $74.70 105 42210 200 039100 ONE CALL CONCEPTS, INC notification-June $82.80 601 49440 319 039100 ONE CALL CONCEPTS, INC notification-June $82.80 602 49490 319 039101 POWERHOUSE OUTDOOR EQUIP chain sharpen $27.40 101 45202 220 039101 POWERHOUSE OUTDOOR EQUIP repair recoil $20.00 101 45202 220 039102 QWEST -TELEPHONE Telephone service-July $69.80 602 49471 321 039102 QWEST -TELEPHONE Telephone service-July $69.80 602 49470 321 039102 QWEST -TELEPHONE Telephone service-July $69.80 601 49440 321 City of 51. Joseph Bills Payable Page 3 July 16, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 039102 QWEST-TELEPHONE Telephone service-July $69.80 150 46500 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 105 42250 321 039102 QWEST-TELEPHONE Telephone service-July $69.91 602 49473 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 602 49472 321 039102 QWEST- TELEPHONE Telephone service-July $69.80 101 41941 321 039102 QWEST- TELEPHONE Telephone service-July $69.80 101 45201 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 101 41430 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 602 49490 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 101 42151 321 039102 QWEST-TELEPHONE Telephone service-July $69.80 101 41946 321 039102 QWEST-TELEPHONE telephone service-July $101.15 601 49440 321 039102 QWEST-TELEPHONE telephone service-July $308.68 101 42151 321 039103 RAJKOWSKI HANSMEIER L TO Criminal Matters $3,500.00 101 42120 304 039103 RAJKOWSKI HANSMEIER L TO Millstream shops $300.00 101 41610 304 039103 RAJKOWSKI HANSMEIER L TO Callaway Development $632.50 101 41610 304 039103 RAJKOWSKI HANSMEIER L TO Jade Road $338.00 441 43120 530 039103 RAJKOWSKI HANSMEIER L TO Meadowvale case $1,825.00 425 43122 530 039103 RAJKOWSKI HANSMEIER L TO Personnel issues $150.00 101 41610 304 039103 RAJKOWSKI HANSMEIER L TO Massen Property $23.00 101 41610 304 039103 RAJKOWSKI HANSMEIER L TO Americ::1n Manufacturing $23.00 101 41610 304 039103 RAJKOWSKI HANS MEIER L TO noise voilation $12.50 101 42120 304 039103 RAJKOWSKI HANSMEIER L TD Elections, Open Meeting etc $1,377.50 101 41610 304 039103 RAJKOWSKI HANSMEIER L TO Weed ordinance $652.00 101 41130 304 039104 SCHWAAB, INC confidential stamp $15.43 101 42120 200 039105 SEH Oataview 1/2 year service $600.00 101 43131 303 039106 ST. CLOUD STATE UNIVERSITY Pursuit Intervention - 5 Attendees $2,075.00 101 42140 331 039107 ST. JOSEPH NEWSLEAOER Storm Water Pollution $29.25 651 49900 340 039107 ST. JOSEPH NEWS LEADER Seasonal Maint Pastian $39.00 101 43120 340 039108 STEARNS COOPERATIVE ELEC. ASSN Installation of 4 street lights $4,024.27 433 43120 530 039109 STEARNS COUNTY AUOITOR-TREAS 2007 Assessment charge $20,762.72 101 41550 300 039110 STEARNS COUNTY FIRE CHIEFS 2007 MEMBERSHIP DUES $5.00 101 41310 433 039111 STEARNS COUNTY SHERIFF'S 2nd Quarter MDTunits $227.52 101 42151 321 039111 STEARNS COUNTY SHERIFF'S Citation Books $42.60 101 42120 210 039112 STREICHER'S .40 S & W duty ammo $276.54 101 42140 210 039113 TONKA EQUIPMENT COMPANY replacement for filter-plant 1 $781.54 601 49420 220 039114 TRAUT WELLS 6 water tests $114.00 601 49420 312 039114 TRAUT WELLS Sprinkler System Installation $8,759.00 601 49431 530 039114 TRAUT WELLS installation of sprinkler system $534.06 601 49431 530 039114 TRAUT WELLS sprinkler heads-Wobegon Center $34.78 101 45202 220 039115 UNIQUE PAVING MATERIALS 1 ton cold mix $95.85 101 43120 210 039116 UNIVERSITY OF MINNESOTA Intro HR Practices $375.00 101 41530 331 039116 UNIVERSITY OF MINNESOTA Registration fee $35.00 101 41530 331 039116 UNIVERSITY OF MINNESOTA Intro HR Practices $375.00 101 41530 331 039116 UNIVERSITY OF MINNESOTA Intra HR Practices $375.00 101 41530 331 039116 UNIVERSITY OF MINNESOTA Intra HR Practices $375.00 101 41530 331 039116 UNIVERSITY OF MINNESOTA Intro HR Practices $375.00 101 41530 331 039117 UNUM LIFE INSURANCE disability insurance-July $567.36 101 039118 VERIZON WIRELESS Cellphane - August $229.25 101 42151 321 039118 VERIZON WIRELESS Cellphone - August $19.51 101 43120 321 039118 VERIZON WIRELESS Cellphone - August $133.47 101 41430 321 039118 VERIZON WIRELESS Cellphone - August $80.53 105 42250 321 039118 VERIZON WIRELESS Cellphone - August $16.06 101 43120 321 039118 VERIZON WIRELESS Cellphone - August $35.56 101 45202 321 039118 VERIZON WIRELESS Cellphone - August $39.01 602 49490 321 039119 XCELENERGY June Usage $23.76 602 49471 383 039119 XCELENERGY June Usage $140.03 101 43160 386 039119 XCELENERGY June Usage $25.74 101 42610 386 039119 XCELENERGY June Usage $174.56 101 45202 381 039119 XCEL ENERGY June Usage $11.32 101 45123 381 City of St. Joseph Bills Payable Page 4 July 16, 2007 /' Check # Search Name Comments Amount FUND DEPART OBJ 039119 XCELENERGY June Usage $25.62 101 45123 383 039119 XCELENERGY June Usage $181.15 101 41941 381 039119 XCELENERGY June Usage $962.53 101 41942 381 039119 XCELENERGY June Usage $342.76 101 41942 383 039119 XCELENERGY June Usage $2,072.81 101 43160 386 039119 XCELENERGY June Usage $34.31 101 45201 381 039119 XCELENERGY June Usage $16.12 101 45201 381 039119 XCELENERGY June U~age $10.13 101 45201 381 039119 XCELENERGY June Usage $15.20 101 43120 381 039119 XCELENERGY June Usage $24.45 101 45201 383 039119 XCELENERGY June Usage $51.46 101 43120 381 039119 XCELENERGY June Usage $211.35 601 49420 381 039119 XCELENERGY June Usage $25.62 602 49480 383 039119 XCELENERGY June Usage $297.57 602 49480 381 039119 XCEL ENERGY June Usage $6.84 101 42500 326 039119 XCELENERGY June Usage $53.25 105 42280 383 039119 XCELENERGY June Usage $455.29 105 42280 381 039119 XCELENERGY June Usage $36.68 101 43120 383 039119 XCELENERGY June Usage $507.22 601 49410 381 039119 XCELENERGY June Usage $34.68 101 43120 381 039119 XCELENERGY June Usage $209.16 601 49421 383 039119 XCELENERGY June Usage $5,794.09 601 49421 381 039119 XCELENERGY June Usage $76.31 601 49420 383 039119 XCELENERGY June Usage $172.87 601 49435 381 039119 XCELENERGY June Usage $72.18 101 45202 381 039119 XCEL ENERGY June Usage $115.51 602 49470 381 039119 XCELENERGY June Usage $54.29 601 49410 383 $450,634.19 ~~ (1'M' OFS'I:jO'SIWU Council Agenda Item 3c. MEETING DATE: July 19,2007 AGENDA ITEM: Credit Card Policy - Authorize the Mayor and Administrator to execute the Credit Card Policy. SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: The Council and staff have previously discussed the issuance of a City credit card to pay for conferences and lodging without the Council and staff having to be reimbursed. BACKGROUND INFORMATION: The MN Office of the State Auditor submitted a press release suggesting a policy for credit card purchases by government entities ruled under Minnesota Statutes. The attached credit card policy is within the State Auditors guidelines for purchases. The credit card policy does not replace any purchasing policies followed by the City. The City has applied for and received a credit card for the police and administration from the First State Bank of St. Joseph. As you can see from the attached a signature acknowledging the credit card policy will be executed by both the Administrator and Police Chief. BUDGET/FISCAL IMP ACT: None ATTACHMENTS: Draft Policy; Acknowledgement of Credit Card REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the credit card policy as presented. ~~ CITY OF Sf.J(),"tlf;PH City of St. Josepn P. O. rBoJ( 668 25 Co[{ege flvenue Nortli St. Josepli, :M.:N 56374 Office 320-363-7201. PaJ(320-363-0342 July 20, 2007 Dear Employee, You are hereby signing below acknowledging the receipt of a City of St. Joseph, MN credit card in your name. By signing yourname, you are stating you understand the credit card can only be used for purchases necessary for the City of St. Joseph, MN business such as parts, supplies, travel and training. The purchases should have been pre-approved by the Council through budgeting, motion and/or resolution. It is your responsibility to turn in all receipts with your signature approving the receipt. Itemized invoices will come from First State Bank by each person receiving a card. Receipts received from you will be attached to the invoice before paying the invoice. If receipts are not turned in, it will be your responsibility to pay the invoice for your charge. This is a requirement per Minnesota Statues. Please keep in mind the Council has a travel policy for hotel and meal reimbursements. The Council has also approved a purchasing policy. These policies must be adhered to when making credit card purchases. Once you are no longer an employee, Mayor or Councilor of the City of St. Joseph, MN you are required to return the credit card to the Finance Director. If you have any questions or concerns, please see me during business hours. I can also be reached at 320- 229-9443 or lbartlett@citvofstioseph.com Sincerely, Lori Bartlett Finance Director City of St. Joseph Employee: Monthly Limit: $25,000, Purchase Limit: $2,500 Signature: Date: em (W. $T..J(),,~;PfJ City of St. Joseph p.o. <Bo.t 668 25 CoCCege flvenue :Nortfi St. Josep/i, 'M.:N 56374 Office 320.363-7201 Pa)(,320-363-0342 CREDIT CARD USE AND POLICIES The City has the authority to make purchases using credit cards under Minnesota Statute 9471.382. This policy is adopted to implement statutory requirements and good management practices with internal controls. Credit card use by city employees is restricted to purchases for the city. By statute, the credit cards should only be used by those employees and officers otherwise authorized to make purchases. The City Administrator shall authorize certain individuals within the city to use city credit cards for city purchases. The authorized credit card users must sign an agreement form to use city credit cards prior to their use. No personal use of the credit card is permitted. If the city council does not authorize the credit card purchase, the officer or employee who made the purchase becomes personally liable for the amount of the purchase. Purchases made with the credit card must be consistent with other state laws. For example, Minnesota Statute 9471.38, subd. 1 states claims presented for payment must be in writing and itemized. Bills received from a credit card company lack sufficient detail to comply with these statutory requirements. As a result, entities using credit cards must have the invoices and receipts needed to support the items charged in the bill from the credit card company. Similarly, listing only the credit card company on a claims list would merely identify the method of payment. It would not identify the vendors providing the goods and services. The credit card statutes were not intended to be another method for creating debt for the public entity. The authority to use credit cards does not authorize the creation of a new form of debt for the public entity. The statutes governing the issuance of debt by a public entity have a number of restrictions attached to the issuance of any obligation. Instead, the credit card statutes simply authorize another type of payment. Therefore, the public entity's governing body must adopt a policy of paying off the credit card charges on a monthly basis. The city does pay all invoices approved for payment at the next regular council meeting. Specific purchases that can be made with the credit card include office supplies, operating supplies, repair and maintenance, motor fuel, training and instruction, hotel and meals, small equipment and tools, only necessary purchases for the city. The city's purchasing policy is required to be followed with credit card purchases. If unsure of the policy, please see the Finance Director. {Try OFST. JOSl<::vtl Credit Card Policy Adopted by Council on July 19, 2007 2 All credit card receipts must be signed by the purchaser with a description if what was purchased if unclear. The signed credit card receipts will be turned into the finance department to match up with the invoice from the credit card company. Any missing receipts will become the responsibility of the officer or employee who made the credit card purchase. The council cannot approve payment for an invoice without proper back up for the credit card purchase under Minnesota Laws. The city council approved the credit card limits for each officer and employee based on their needs. In the case of an emergency, the officer or employee is allowed to purchase items over the purchasing policy limit, but only up to the limit of the credit card for credit card purchases. If the credit card issued to an officer or employee is lost or misplaced, it is the officer's or employee's responsibility to report the loss to the Finance Director immediately. The officer or employee is required tol call to deactivate the credit card as soon as the loss is realized. The officer or employee will report the lost or misplaced credit card to the Finance Director by the next business day. Officers and employees will be reprimanded for abuse and misuse of municipal credit cards. The council has the right to take away credit card purchase privileges from any officer or employee at any time. This policy was adopted by motion by the City Council on July 19,2007. Judy Weyrens City Administrator Al Rassier Mayor Credit Card Policy Adopted by Council on July 19, 2007 2 ~ terry OF ~n: J()$,Itpu Council Agenda Item 3d MEETING DATE: July 19, 2007 AGENDA ITEM: Gambling Site Perimt - Accept the Application of the St. Joseph Lions to conduct off-site Gambling at the St. Joseph Meat Market. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: N/A BACKGROUND INFORMATION: All request for lawful gambling must be accepted by the City Council. In this case the St. Joseph Lions are requesting an off-site permit at the St. Joseph Meat Market to sell raffle tickets. This license is in conjunction with the regular Friday and Saturday Brat sale. BUDGET/FISCAL IMPACT: None. ATTACHMENTS: Application for Off Site Gambling REQUESTED COUNCIL ACTION: Accept the Off-site Gambling application of the St. Joseph Lions to conduct lawful gambling at the St. Joseph Meat Market. Minnesota Lawful Gambling LG230 A r f t C 6/07 d t Off SOt G br ~pp Ica Ion 0 on uc - I e am Ino No Fee Organization name_-.-S~Th~EP\-\ !....!-9N.5 _____ License number B-0202.1 license expiration date -9 S- I '3\ I 08 Gambling Premises 1. Name of establishment or function where gambling activity will be conducted <""1" ::J'f'\G.. fl"epcr mAJa:;;E.l 2. Street address and city 2(0 I\jW. l~ Ave ST. .Tos;;PII, 1J111l. 56374 . Do not use a post office box. I . If no street address, write in road designations. Example: 3 miles east of Hwy 63 on County Road 42. 3. Does your organization own the gambling premises? -- Yes If yes, a lease is not required. ~No lfno, a lease agreement must be attached. Use LG224 Lease for Off-Site Gambling Activity. L .A1ease is not reqUIred for ram:9 Gambling Activity 1. Check f'J> the gambling activity your organization will be conducting. _pull-tabs _bingo _tipboards -1(raffle _paddlewheel 2. Date of single day event CJ/I~/07 . 4 separate days allowed per calendar year. 3. Dates of up to 12 consecutive days in connection with a county fair, state fair, church festival, or civic celebration. Begin date End date 1 event allowed per calendar year. Acknowledgment . The person signing this application must be the CEO of your organization and have their name on file with the Gambling Control Board. " If the CEO has changed during the term of your license and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and a/l information is troe, accurate, and complete. Chl.f executive office.- ,;gnature i;ftt;, tiS,,,, -</rk/ Date 7 _' I ~ I c;;I 7 Print name "3 ~ .5@ f;:J f,. . 1Q 1.:1 Daytime phone s;;O~ f~~LIK5 I Application and Required Attachments 1. LG230 Application to Conduct Off-Site Gambling. Mail to: Gambling Control Board There is no application fee. Suite 300 South :" 2. Resolution of approval from the local unit of 1711 West County Road B government (city or county) Roseville, MN 55113 3. Copy of the lease agreement. Or, fax to 651-639-4032 No lease is required if only a raffle will be conducted or your organization owns the premises. Questions? Contact a licensing specialist at 651-639-4000. This publication will be made available in alternative format (Le. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine yourqualilicationsto be involved in lawfulgambling actiVities in Minnesota. and to assist the. Board in conducting a background investigation of you. You have the right to refuse to supply the information requested: however. if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested. the Board will beable to process your application. Your name and address will be public information when receIVed by the Board. All other information you provide will be private data about you until the Board issues your permit. When the Board issues your permit. all information you provided will become public except for your Social Security number, which remains private. If the Board does not issue you a permit. all information you provided remains private, with the exception of your name and address which will remain public. Private data about you are available to following: Board members and staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor; national and international gambling regulatory agencies: anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information: individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given: and anyone with your consent. ~ t:l'ry Q\l'Sl:J(lSltI'n Council Agenda Item ae. MEETING DATE: July 19,2007 AGENDA ITEM: 2008 Budget - Adopt the proposed Budget Schedule SUBMITTED BY: Administration / Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The preliminary 2008 budget is required to be adopted by the City Council by September 15, 2007. To provide enough time to review the 2008 proposed preliminary budget, Staff is requesting a special workshop with the City Council in late August. Part of the budget includes the fee structure. For the past 6 -8 months the City Staff has been working on updating the current fee schedule. The current fee schedule is included in the Ordinance as an appendix. Due to the statutory requirements of holding a public hearing for fees, Administrator Weyrens is requesting that the fee schedule be adopted as a separate Ordinance. Therefore, a proposed Ordinance will be proposed to the Council for adoption. After the Ordinance is adopted the Council will annually conduct a public hearing to amend the fees. If a situation arises where a fee needs to be added we can hold a hearing at anytime during the year. This intent behind using an Ordinance is to make the fee schedule more user friendly. BUDGET/FISCAL IMPACT: N/A ATTACHMENTS: Budget Schedule REQUESTED COUNCIL ACTION: Adopt the proposed Budget Schedule as submitted. Proposed Budget Schedule Public Hearing - 2008 Fee Schedule Budget Workshop - Draft One Budget Workshop - Draft Two Adopt Preliminary Budget August 2, 2007 August 13, 2007 August 23,2007 September 6, 2007 7:00 PM 5:00 PM 5:00 PM 7:00 PM Note: If additional budget meetings are needed we will certainly add another meeting. ~~ (~rr\' OlfS'I.: J(}$WIU Council Agenda Item 5 MEETING DATE: July 19,2007 AGENDA ITEM: Fire Relief Report SUBMITTED BY: Fire Department BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Fire Relief Association is a separate entity from the 8t. Joseph Volunteer Fire Department. The 8t. Joseph Relief Association manages the retirement for the volunteer Fire Department. The Mayor and Administrator/Clerk are financially responsible and attend the quarterly meetings. Annually the Relief Association must present the Council with a financial statement illustrating the fund status and required municipal contribution. This fund is audited separately from the City Audit and the Relief Association is responsible for the independent audit. Like the City Audit, this information is filed with the State of Minnesota. The information for this item includes data covered under the data privacy act, such as social security numbers. The Fire Relief Treasurer will present the Council with the report, deleting the non-public data. The data presented to the Council is public data. The Relief Treasurer will collect the information when he is done with his presentation. BUDGET/FISCAL IMP ACT: The Fire Board will budget the required contribution for the 2008 liability. This amount will be discussed on Thursday evening ATTACHMENTS: REQUESTED COUNCIL ACTION: Authorize the Adminstratorto execute the Fire Relief Report indicating that the Fire Reliefhas presented the report to the City Council identifying the liability for 2008. ~~~ ern' QF Sl:J('t,,,twn Council Agenda Item (; MEETING DATE: July 19, 2007 AGENDA ITEM: Treasurer's Report SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The monthly Treasurer's Report is enclosed for Council's review. Included in the report are the Cash/Investment balances, General fund revenues and expenditures, and Enterprise funds revenues and expenses. BUDGET/FISCAL IMP ACT: None ATTACHMENTS: Monthly Treasurer's Report REQUESTED COUNCIL ACTION: Accept the July Treasurer's Report as presented. City of St. Joseph Cash and Investment Balances as of July 16, 2007 FUND FUND Descr Begin Yr MTD Debit MTD Credit Current Balance 101 General $629,699.92 $272,419.73 $389,520.01 $509,984.40 105 Fire Fund $428,731.73 $23,732.18 $0.00 $481,133.01 106 Street Maintenance -$117,187.94 $0.00 $0.00 -$117,187.94 108 Cable Access Fee $6,101.22 $0.00 $0.00 $6,735.58 150 Economic Development $65,213.21 $0.00 $0.00 $43,104.87 155 TIF 1-3 Borgert (SKN) $4,255.80 $3,595.43 $0.00 $16,240.57 156 TIF 1-4 St. Joe Development $33,794.48 $8,914.88 $0.00 $63,510.75 157 TIF 2-1 Millstream $0.00 $0.00 $0.00 $16,915.50 200 State Collected Sales Tax $143,544.24 $0.00 $0.00 $238,805.77 205 Park Dedication $149,261.98 $0.00 $0.00 $115,218.15 210 Recreation Center $43,989.71 $0.00 $0.00 $44,160.12 225 DARE $373.67 $0.00 $0.00 $373.67 230 Lake Wobegon Trail -$10,007.08 $0.00 $0.00 -$10,007.08 232 City Beautification-College Av -$58,940.89 $0.00 $0.00 -$58,940.89 250 Revolving Loan Fund $48,020.66 $0.00 $0.00 $48,206.70 307 2004 Equipment Certificates -$1,344.64 $10,767.40 $0.00 $33,115.09 317 Fire Facility, 1997 $7,745.03 $10,114.21 $0.00 $38,117.66 319 98 Street Improvement $215,950.49 $10,094.33 $0.00 $220,416.24 321 Joseph Street Improvement $291,460.29 $38,255.27 $0.00 $321,887.06 322 City Hall Project, 2000 -$14,891.73 $13,795.71 $0.00 $1,915.25 322 City Hall Project, 2000 $619,535.98 $0.00 $0.00 $619,535.98 323 2004 Improvements/Northland $258,190.70 $3,313.48 $0.00 $262,111.21 324 Northland V Improvement $122,120.00 $0.00 $0.00 $122,686.92 325 2002 Street Improvement $949,588.00 $89,134.61 $0.00 $997,396.82 327 2002 Equipment Certificates $48,662.05 $0.00 $0.00 $58,775.40 328 2003 Street Improvements $657,739.68 $0.00 $0.00 $657,499.43 329 2003 Maintenance Facility -$5,102.26 $8,711.66 $0.00 $11,929.68 330 Sewer Capacity Conveyance $0.00 $21,945.08 $0.00 $21,945.08 331 2003 Refunding Fire Hall $98,214.50 $5,749.70 $0.00 $106,176.57 332 2003 Cross Over (Streets) $251,940.20 $14,699.09 $0.00 $269,548.77 333 2005 Improvements (Hill/Clover $502,502.36 $78,733.06 $0.00 $589,839.98 335 Northland Heights/Trans Corrid $836,876.38 $107,427.26 $0.00 $897,173.89 337 2006 Equipment Certificate $7,041.39 $9,521.77 $0.00 $34,400.62 338 2006 Street Improvements $473,358.12 $114,908.65 $107,427.26 $454,015.69 340 8th Street Improvement $38,450.40 $51,521.60 $0.00 $89,972.00 341 2007 St Imprv-MiII/Jade Rd $0.00 $2,317.71 $0.00 $2,317.71 425 2002 Street Improvement -$24,105.87 $0.00 $0.00 -$94,867.58 428 2003 Street Improvements -$45,606.52 $0.00 $0.00 -$45,606.52 429 Maintenance Facility -$123,288.37 $0.00 $0.00 -$123,288.37 430 2004 Improvements $24,220.46 $0.00 $0.00 $24,220.46 431 Cloverdale Area -$479,769.71 $0.00 $0.00 -$502,710.60 432 2004 Equipment Certificates $5,079.27 $0.00 $0.00 $4,472.38 433 2005 Improvements (Hill/Clover $570,609.82 $0.00 $0.00 $537,112.68 435 Northland HeightslTrans Corrid $869,331.04 $0.00 $0.00 $812,291.83 437 2006 Equipment Certificate -$11,382.95 $0.00 $0.00 -$32,349.61 438 2006 Street Improvements $689,268.26 $0.00 $0.00 $617,708.49 439 EDA Crossover 2005A -$403.00 $0.00 $0.00 -$806.00 440 8th Street Improvement -$137,972.47 $0.00 $0.00 -$152,150.25 441 2007 Street Impr (Jade Rd/E $0.00 $0.00 $0.00 -$105,854.52 490 Capital Outlay $424,291.04 $0.00 $0.00 $421,037.26 501 Utility Extension $1,627,249.81 $5,700.00 $0.00 $2,011,223.74 601 Water Fund $3,060,486.77 $3,610.18 $0.00 $1,771,814.84 602 Sewer Fund $953,974.70 $1,256.21 $0.00 $1,095,190.78 603 Refuse Collection $328,102.32 $1,880.57 $0.00 $284,756.11 651 Storm Water Utility $116,535.90 $969.95 $0.00 $30,509.96 $14,571,508.151 $13,761,735.31~ City of St. Joseph General Funds Revenue Budget to Actual - Year to Date As of July 16, 2007 Amount Fund SOURCE Description YTD Budget YTD Amount Remaining FUND 101 General Property Taxes $ 907,611.00 $ 415,122.55 $ 492,488.45 State Sales Tax 236.25 (236.25) Gas Franchise 30,000.00 13,755.52 16,244.48 Electric Franchise 45,000.00 24,943.39 20,056.61 Beer 2,100.00 1,516.64 583.36 Liquor 15,000.00 9,662.48 5,337.52 Outdoor Liquor 200.00 400.00 (200.00) Excavating Permit 1,500.00 100.00 1,400.00 Franchise Fee 18,000.00 9,801.21 8,198.79 Building Permit 190,000.00 321,892.18 (131,892.18) Animal License 1,300.00 1,850.00 (550.00) Rental Housing 12,000.00 2,618.37 9,381.63 State Grants and Aids 2,535.00 (2,535.00) State Police Aid 32,000.00 1,159.36 30,840.64 County Grants 54,870.00 (54,870.00) Zoning and Subdivision 2,000.00 1,220.00 780.00 Land Use Deposit 20,000.00 11,500.00 8,500.00 Sale of Maps and Publications 500.00 78.50 421.50 Assessments and Research 7,000.00 2,260.00 4,740.00 Special Hearing 4,000.00 2,400.00 1,600.00 Administration Reimbursement 10,000.00 46.00 9,954.00 Park Fees 3,375.00 (3,375.00) Kennel Fees 396.00 (396.00) County Fines 7,245.47 (7,245.47) Policy Fines 25,000.00 20,790.00 4,210.00 Accident Report Fee 1,158.25 (1,158.25) Special Assessments 2,000.00 451 .44 1,548.56 Interest Earnings 30,000.00 1,399.38 28,600.62 Interest Charges 186.30 (186.30) Co-op Dividend-LMC 12,000.00 5.81 11,994.19 Water Tower Antenna Rental 2,000.00 597.40 1,402.60 Contributions and Donations 395.63 (395.63) Surplus Property 800.00 (800.00) Reimbursements 1,567.48 (1,567.48) $ 1,369,211.00 $ 916,335.61 $ 452,875.39 FUND 105 Fire Fund Special Fire Service $ 250,596.00 $ 91,213.37 $ 159,382.63 Fire Fighting Reimbursement 500.00 910.00 (410.00) Fire Hall Rental 2,000.00 1,700.00 300.00 Interest Earnings 6,000.00 1,921.86 4,078.14 Contributions and Donations 500.00 (500.00) Reimbursements 100.00 (100.00) $ 259,096.00 $ 96,345.23 $ 162,750.77 FUND 108 Cable Access Fee Franchise Fee $ $ 7,608.00 $ (7,608.00) $ $ 7,608.00 $ (7,608.00) Total General Fund Revenue 1$ 1,628,307.00 $ 1,020,288.84 $ 608,018.161 City of St. Joseph General Fund Expenditures - Budget to Actual Year to Date As of July 16, 2007 Amount Fund Department YTD Budget YTD Amount Remaining FUND 101 General Council $ 46,974.00 $ 26,441.13 $ 20.532.87 Legislative 5.900.00 1,353.64 4,546.36 Ordinance and Proceedings 4.250.00 5.902.57 (1.652.57) Mayor 11,725.00 5,224.11 6.500.89 Administration 185,415.33 90.708.17 94.707.16 Accounting 67,891.00 36,415.88 31,475.12 Audit Service 25.000.00 33,675.50 (8,675.50) City Attorney 30.000.00 12,961.50 17,038.50 Planning and Zoning 4,000.00 30,013.87 (26,013.87) Community Center 28,953.00 13.178.62 15,774.38 City Offices 27,450.00 17,338.80 10,111.20 Community Sign 475.02 (475.02) Cable Access 10.810.00 4.548.35 6.261.65 Crime, Control and Investigation 686.100.00 322.819.40 363.280.60 Police Training 13,000.00 3,645.19 9,354.81 Police Communication 9,000.00 5,422.51 3,577.49 Police Automotive Services 66.645.00 20,559.37 46,085.63 Building Inspection 150,000.00 41.733.75 108,266.25 Emergency Siren 100.00 20.07 79.93 Signal Lights 750.00 118.03 631.97 Animal Control 1,110.00 1.170.40 (60.40) Street Maintenance 161,483.00 72.685.86 88,797.14 Ice and Snow Removal 57.313.00 37.327.44 19,985.56 Engineering Fees 35.000.00 14.651.96 20,348.04 Street Lighting 35.650.00 14,896.23 20,753.77 Street Cleaning 15.703.00 12.133.09 3,569.91 Ball Park and Skating Rink 4,730.00 2,417.34 2,312.66 Maintenance Shop 20.750.00 7,463.27 13,286.73 Park Areas 114,905.00 37.605.49 77,299.51 Miscellaneous 20.00 (20.00) Other Financing Uses 3.500.00 3,900.00 (400.00) Fire Protection 80,000.00 20.241.83 59,758.17 $ 1.904,107.33 $ 897,068.39 $ 1,007,038.94 FUND 105 Fire Fund Fire Administration $ 2.000.00 $ 570.94 $ 1,429.06 Fire Fighting 33,006.00 21.400.25 11,605.75 Fire Training 12,000.00 7,450.32 4,549.68 Fire Communication 3,000.00 1.983.29 1,016.71 Fire Repair Services 3.000.00 3.552.25 (552.25) Medical Services 2,000.00 675.01 1.324.99 Fire Station 17.500.00 7.244.85 10,255.15 Community Room 1,500.00 225.00 1,275.00 $ 74.006.00 $ 43.101.91 $ 30.904.09 FUND 108 Cable Access Fee Cable Access $ $ 4,720.42 $ (4,720.42) $ $ 4.720.42 $ (4.720.42) Total General Fund 1$ 1,978,113.33 $ 944,890.72 $ 1,033,222.61 I City of St. Joseph General Funds Revenue Budget to Actual - Year to Date As of July 16, 2007 Amount Fund SOURCE Description YTD Budget YTD Amount Remaining FUND 601 Water Fund State Sales Tax $ $ 811.84 $ (811.84) Interest Earnings 20,000.00 13,719.10 6,280.90 Water Tower Antenna Rental 21,000.00 11,289.02 9,710.98 Rate Class One 250,000.00 109,947.87 140,052.13 Undesignated Fund 6,903.01 (6,903.01 ) Connection/Reconnection Fee 250.00 (250.00) Penalties and Forfeits 2,256.42 (2,256.42) Water Meters, Meter Repair 1,100.00 1,720.00 (620.00) Inspection Fees 9,000.00 2,000.00 7,000.00 Water Surcharge 82,000.00 43,506.08 38,493.92 State Water Surcharge 7,000.00 4,544.08 2,455.92 Water Filtration Surcharge 5.07 (5.07) $ 390,100.00 $ 196,952.49 $ 193,147.51 FUND 602 Sewer Fund Interest Earnings $ $ 4,276.34 $ (4,276.34) Sanitary Sewer Service 98,989.17 (98,989.17) St. Benedict Sewer 187,363.21 (187,363.21) Penalties and Forfeits 1,667.45 (1.667.45) Sewer Extension Charge 32,742.17 (32,742.17) Sewer Inspection Fee 1,800.00 (1,800.00) Sewer Surcharge 463.04 (463.04) $ $ 327,301.38 $ (327,301.38) FUND 603 Refuse Collection State Sales Tax $ $ 6,728.98 $ (6,728.98) Licenses and Permits 9,000.00 7,865.00 1,135.00 Refuse Collection 210,000.00 116,428.37 93,571.63 Penalties and Forfeits 2,458.68 (2,458.68) Interest Earnings 13,000.00 1,470.77 11,529.23 $ 232,000.00 $ 134,951.80 $ 97,048.20 FUND 651 Storm Water Utility Special Assessments $ $ 718.14 $ (718.14) Interest Earnings 522.44 (522.44 ) Rate Class One 45,586.50 (45,586.50) Penalties and Forfeits 611.36 (611.36) $ $ 47,438.44 $ (47,438.44) Total Enterprise Funds , $ 622,100.00 $ 706,644.11 $ (84,544.11) ~ City of St. Joseph Enterprise Funds Expenditures - Budget to Actual Year to Date As of July 16, 2007 Amount Fund Department YTD Budget YTD Amount Remaining FUND 601 Water Fund Bond Payment $ 338,820.00 $ 169,409.38 $ 169,410.62 Power and Pumping 18,900.00 5,793.37 13,106.63 Purification 20,900.00 5,897.45 15,002.55 Purification-Plant 8,757.61 (8,757.61 ) Distribution 25,700.00 1,637.71 24,062.29 CIP - Treatment 904,916.41 (904,916.41 ) Clp. Trunk Water 23,673.82 (23,673.82) CIP- Wellhead Protection 2,540.69 (2,540.69) Storage 1,066.57 (1,066.57) Administration 69,623.00 40,205.65 29,417.35 $ 473,943.00 $ 1,163,898.66 $ (689,955.66) FUND 602 Sewer Fund Bond Payment $ 24,713.00 $ 12,356.25 $ 12,356.75 Maintenance 3,325.00 7,125.56 (3,800.56) Lift Station- Baker St. 4,525.00 1,767.86 2,757.14 Lift Station- DBL Labs 3,225.00 1,559.77 1,665.23 Lift Station-Northland 3,725.00 1,350.37 2,374.63 Lift Station- CR 121 3,425.00 1,341.82 2,083.18 Sewage Treatment 205,800.00 95,871.21 109,928.79 Administration 12,990.00 20,466.75 (7,476.75) $ 261,728.00 $ 141,839.59 $ 119,888.41 FUND 603 Refuse Collection Waste Collection $ 193,238.00 $ 101,664.01 $ 91,573.99 $ 193,238.00 $ 101,664.01 $ 91,573.99 FUND 651 Storm Water Utility Storm Water $ 10,500.00 $ 128,276.51 $ (117,776.51) $ 10,500.00 $ 128,276.51 $ (117,776.51) Total Enterprise Funds ~ $ 939,409.00 $ 1,535,678.77 $ (596,269.77>1 ~I'- OJ Q) .- I'- c:: 1'-_ :::l C C. IJ) QlO OJ - en.,- > ~ ~O _co OJ .~ .,- .ou-i 0::: l- ON QI~ a:m Cl .~ LO U - (<) OJ "'C cu - ~~ 0.. ~Ef7 (J) c: II u :J u.. ~ OJ c ~,..... OJ (9 .c 0 D 0 en N OJ +' <D en c: .C T"" e- Q) ~ QI 2 ::l c E ::J t: W QlCO D >co +' ..., QlLO en ..... O:::~ 0 - .,- OJ Q) .!!:! LO .S2 en (.)~ > > QI '-- <( Q.. OJ c: en (j) :0 - OJ 0 "'C IJI c: ca en t5 OJ J: oe en 0.... _LO QlLO .~ ca cu<.O IJ)OJ "'-<.0 .- '<t QI - "'- - a- U t:O Q..C0 co QlCO "'-OJ 0 e"co QI.,- - D ~ t:u-i UJ~ Council Agenda Item lo~ erM' OF gl:Jt),,<if'.;t~ft MEETING DATE: July 19,2007 AGENDA ITEM: Administrator Reports - Parking Lot Improvement SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The City Staff has discussed the need to repair the parking lot. Last year we had a company look at the parking lot and they agreed that the parking lot is not a candidate for sealing as it is too far-gone. The cost of completing the parking lot as a stand alone project is not as cost effective as completing as part of a larger project. Therefore, since we have a contractor in town, it would be reasonable to add this project to the 2007 East Side Improvements. It is a similar project and can be completed through a change order. The project is not large enough to require bidding. There are a couple of ways to fund this project. First, as a change order the City can add this to the project costs of the 2007 Improvement. The levy is already set for this bond issue and is based on the contract amount plus contingency. The project included a $ 43,700 contingency. Due to some soil issues about one half of the contingency is expended. The remaining contingency can be used to cover the change order. Again, this can be completed without changing the levy amount. The second method of payment would be through an interfund transfer from the enterprise - refuse fund. Unlike the general fund, enterprise funds can be used to cover other expenditures. In the past the City has used this fund to pay for the School survey and some equipment purchase. In the past the City has limited the use of enterprise funds to specific needs that cannot be funded through other means. The refuse fund has built over the years and we try and maintain a healthy balance. BUDGET/FISCAL IMP ACT: $ 23,880.15 ATTACHMENTS: Hardrdives Quote REQUESTED COUNCIL ACTION: Authorize the replacement of the parking lot and drive through area at the City Office Facility. 06/29/2007 08:45 HARDRIVES ST CLOUD ~ 3630342 NO. 186 [;102 HARD RIVES P.O. BOX 579 ST. CLOUD. MINNESOTA 56302 320-251.7376 fax 320-251-5178 QUOTE Customer Name CITY OF ST, JOSEPH Address 25 NORTH c'oilEGE AVr=. City ST. JOSEPH' .- State MN Phone F~ 363-0342 Date -...... ... ... Order No. ZIP 56374 Rep FOB '- Qty . _.._._ ~'''~'De5crlptlon .. BTIUMINOUS R~MOVAL AND PAVING~ CITY HALL PARKING LOT S.Y. REMOVE EXISTING BITUMINOUS. PLACE AND COMPACT CLASS 5 GRAVEL TO FINE GRADE. PLACe AND COMPACT 1.5' OF BITUMINOUS BASE, APPLY TACK COAT. PLACE AND COMPACT 1.5" OF MV4 BITUMINOUS WEAR. STRIPE. LOT AS EXISTING. DRIVE THRU AND ENT~ANCt! DRIVE S.Y. REMOv= EXISTING BITUMINOUS. PLACE AND COMPACT CLASS 5 GRAVeL TO FINE GRADE. PLACE AND COMPACT 1.5" OF BITUMINOUS aAS~. APPLY TACK COAT. PLAce AND COMPACT 1.5" OF MV4 BITUMINOuS WEAR. STRIPE LOT AS EXISTING. Unit Prole. TotAL 1030 $12.18 I $12,545.40 889 $12.75 $11,334_75 L INCLUDes SAW CUTTING SubTotar'--'.- $23,880.15 Shippil"lg & Handling $O:.~O- Taxes State_._.... OFFERED BY ~I $23,880.15 ~~o~ TOTAL MIKE OHMAN THANK YOU Council Agenda Item 10 6. err\' OF S'r.J~'U MEETING DATE: July 19, 2007 AGENDA ITEM: CSAH 75/Northland Drive Signal SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City has long been asking for a signal light at Northland Drive and CSAH 75. The City Bonded for the improvement costs in 2006 with the anticipation that the light would be construction in 2006. BACKGROUND INFORMATION: Since the City approved the financing the County experienced a setback with Mndot as they did not feel the warrants for a signal light were met. The County completed a new study to illustrate the intersection warranted a signal and finally received approval. During the design phase of the signal project, the County including a timing study that will link the signals from 28th Street (Mills Fleet Intersection) to 2nd Avenue NW (El Paso). The City only be responsible for the timing study that is within the City limits. As stated above the City financed the project through the 2006 improvement, so the funds are available for the installation. We have reviewed the cost split as proposed in the contract and it seems accurate. BUDGET/FISCAL IMP ACT: Approximately $ 174,128 ATTACHMENTS: County Agreement, Stearns Electric Agreement REQUESTED COUNCIL ACTION: Authorize execution of the Agreement between the City of St. Joseph and Steams County and the agreement between the City of St. Joseph and Steams Electric. MITCHELL A. ANDERSON, P.E Highway Engineer JEFF MILLER, P.E. Asst. Highway Engineer ~ JODI L. flICH, P.E. Asst. Highway Engineer C 0 U NT Y 0 F S TEA R N S Department of High ways PO Box 246. St Cloud, MN 56302 (320) 255-6180. FAX (320) 255-6186 July 6, 2007 Judy Weyrens, City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 RE: SAP 73-675-28 & 233~020-02 CSAH 75/Northland Drive Traffic Signal & Signal Interconnect Dear Judy, Attached please find two copies of a standard County/City cost sharing agreement and an electric service request for the above referenced project. Please have your council consider the agreement at its next council meeting. Once approved by the City, please forward two originals to me for County Board execution. Per our policy on traffic signals cities are required to pay for electrical service on signals so the attached request for service must be completed by the City of St. Joseph. The City should then forward the request directly to Steams Electric Stearns County will not be able to award the contract for the project until these items have been approved by the City. Thank you for your prompt attention to this matter. smc~~2L-- ~L. Teich,P.E. Assistant County Engineer enclosures RECEIVED JUL 1 0 2007 CITY OF ST. JOSEPH AGREEMENT THIS AGREEMENT, made this . day of , 20_ by and between the CITY OF St. Joseph , MINNESOTA, a municipal corporation, party of the first part, hereinafter known as the CITY and the COUNTY OF STEARNS, MINNESOTA, a political subdivision of the State of Minnesota, party of the second party, hereinafter known as the COUNTY, WIlNESSETH: That the parties of this agreement, pursuant to M.S.A. 162.17, subdivision 2, Laws 1959, Chapter 500, each in consideration of the agreements on the part of the other herein contained, do hereby agree, the CITY for itself, and the COUNTY for itself, as follows: TillS AGREEMENT shall apply only to traffic signal and interconnect project SAP 73- 675-28 and SAP 233-020-02 relating to that part of CSAH 75 inthe CITY, between CSAH 2 and the east City limits, as stated above. That Stearns County shall be the project engineer in charge, and that Stearns County shall in all respects hereafter act as the agent of the CITY in said improvement of that part ofCSAH 75 in the CITY, as stated above. In regard to said improvement; the COUNTY shall finance the cost of the following work within the CITY: 1) Fifty percent of the cost of a new cabinet at CSAH 2 and CSAH 75. 2) Fifty percent of the cost of the new traffic signal at CSAH 75 and Northland Drive. 3) Fifty percent of the cost of the signal interconnect within the CITY limits. 4) One hundred percent of the contract costs outside of the CITY limits. The CITY agrees to finance with its own funds any and all of the following costs arising from said improvements: 1) Fifty percent of the cost of a new cabinet at CSAH 2 and CSAH 75. 2) Fifty percent of the cost of the new traffic signal at CSAH 75 and Northland Drive. 3) Fifty percent of the cost of the signal interconnect within the CITY limits. Note: Uased on the Engineer's estimate the CITY's costs are anticipated to be approximately $174,128. Actual costs will be based on final construction prices. Stearns County Highway Department Page 2 It is agreed that fmancing these projects will be done in the following manner: . Payment requests shall be submitted to the City as the County makes payments to the Contractor. IN TESTIMONY WHEREOF, the COUNTY OF STEARNS, by the authority of the Board of Commissioners, and the CITY of St. Joseph , by authority of the City Council, have caused this agreement to be enacted, the day and year fIrst written above, and their respective seals to be hereunto attached. IN PRESENCE OF: COUNTY OF STEARNS BY Chair of Stearns County Board of Commissioners ATTEST: Randy R. Schreifels Stearns County Auditor-Treasurer CITY OF St. Joseph BY Mayor ATTEST: City Clerk (SEAL) AGREEMENT THIS AGREEMENT, made this day of ,20_ by and between the CITY OF St. Joseph , MINNESOTA, a municipal corPoration, party of the fIrst part, hereinafter known as the CITY and the COUNTY OF STEARNS, MINNESOTA, a political subdivision of the State of Minnesota, party of the second party, hereinafter known as the COUNTY, WITNESSETH: That the parties of this agreement, pursuant to M.S.A. 162.17, subdivision 2, Laws 1959, Chapter 500, each in consideration of the agreements on the part of the other herein contained, do hereby agree, the CITY for itself, and the COUNTY for itself, as follows: THIS AGREEMENT shall apply only to traffic signal and interconnect project SAP 73- 675-28 and SAP 233-020-02 relating to that part of CSAH 75 in the CITY, between CSAH 2 and the east City limits, as stated above. That Stearns County shall be the project engineer in charge, and that Stearns County shall in all respects hereafter act as the agent of the CITY in said improvement of that part ofCSAH 75 in the CITY, as stated above. In regard to said improvement; the COUNTY shall fmance the cost of the following work within the CITY: 1) Fifty percent of the cost of a new cabinet at CSAH 2 and CSAH 75. 2) Fifty percent ofthe cost of the new traffic signal at CSAH 75 and Northland Drive. 3) Fifty percent of the cost ofthe signal interconnect within the CITY limits. 4) One hundred percent of the contract costs outside of the CITY limits. The CITY agrees to fInance with its own funds any and all of the following costs arising from said improvements: 1) Fifty percent of the cost of a new cabinet at CSAH 2 and CSAH 75. 2) Fifty percent of the cost of the new traffic signal at CSAH 75 and Northland Drive. 3) Fifty percent of the cost ofthe signal interconnect within the CITY limits. Note: Based on the Engineer's estimate the CITY's costs are anticipated to be approximately $174,128. Actual costs will be based on fmal construction prices. Stearns County Highway Department Page 2 It is agreed that fmancing these projects will be done in the following manner: . Payment requests shall be submitted to the City as the County makes payments to the Contractor. IN TESTIMONY WHEREOF, the COUNTY OF STEARNS, by the authority of the Board of Commissioners, and the CITY of St. Joseph, by authority of the City Council, have caused this agreement to be enacted, the day and year fIrst written above, and their respective seals to be hereunto attached. IN PRESENCE OF: COUNTY OF STEARNS BY Chair of Stearns County Board of Commissioners ATTEST: Randy R. Schreifels Stearns County Auditor-Treasurer CITY OF St. Joseph BY Mayor ATTEST: City Clerk (SEAL) Headquarters 900 East Kraft Drive. Melrose. MN 56352 Phone: (320) 256-4241 / 800-962-0655 Fax: (320) 256-1637 Application for Membership and Electric Service Branch Office 7341 Old Hwy. 55. St. Cloud. MN 56303 Phone: (320) 259-6601 /800-448-1737 This completed application and payment of appropriate fees are necessary to establish your electric service. Complete and return the white copy of this application in the enclosed envelope. Please print. Today's Date: Type of establishment: o Residence o Farm o Seasonal o Commercial o Irrigation o Other Desired form of membership: o Single o Joint (with right of survivorship) See item #12 on the reverse side #1 Member* Name: SS# (or tax 10#) Last First Middle Company Name: Current Address: Street City State Other Phone (_) SS# Zip Home Phone (_) Work Phone (_) #2 Member* Name: (If Joint Account) Last First Middle Home Phone (_) Work Phone (_) *Member applicant must sign the bottom of form Other Phone (_) Site/Structure Information Site Address: Street City State Zip Development Name: Plat: Block: Lot: County: Township: Range: Section: _ Qtr: _ Desired Service Voltage: Single Phase 0 120/240 (Standard) 0 Other Three Phase 0120/208 0277 /480 0 Other Desired Service Size: o 200 amp (Standard) 0 400 amp 0 Other Desired Construction Type: 0 Overhead 0 Underground Building Contractor: Phone (_) Electrician: Phone ( E-mail address Stearns Electric will not disclose your e-mail address to anyone. We will occasionally provide you with information on products and services offered. If you wish not to receive this information, check here. 0 Have any applicants listed above previously had service with Stearns Electric Association? 0 Yes 0 No o I do not wish to participate in Operation Round Up'" (see item #13 on reverse side) o I wish to pay my bill by Electronic Funds Transfer, directly from my 0 checking or 0 savings (please enclose voided check) I have read the conditions of this Application for Membership and Electric Service as printed on the reverse side of this form and hereby agree to comply with same. Signature Date #1. Member Please indicate your title/official position jf you are signing on behalf at any organization. business entity or unit of government Signature Date #2 Member For Office use only: Date Received Work Order # ____________ Location # Account # __________ White: Stearns Copy Yellow: Customer Copy Dan Schmidt Printing, Inc.. Melrose, MN 56352 2/05 ASSIGNMENT OF TAX INCREMENT This Assignment, made and entered into as of the 20th day of July, 2007 by and among Collegeville Communities, LLC, a Minnesota limited liability company (the "Developer"), First State Bank of St. Joseph, a Minnesota banking corporation (the "Lender"), and the City of St. Joseph, Minnesota, a municipal corporation and political subdivision of the State of Minnesota (the "City"). WITNESSETH WHEREAS, the City and the Developer have entered into a Development Agreement, dated July 20, 2007 (the "Development Agreement") providing for the development by the Developer of a residential/retail/commercial project, including approximately 14 condominium housing units and approximately 10,820 square feet of commercial space to be located in the City on the real property described therein (the "Project"); and WHEREAS, in furtherance of the purposes of the Development Agreement and in order to finance the construction of the improvements to be constructed thereunder, the City has determined to assist the Developer with the financing of certain costs of the project with tax increment financing in an amount up to $467,000 in accordance with the Development Agreement and a Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 (the "Tax Increment Plan"); and WHEREAS, by the terms of a Loan Agreement dated as of the date hereof (the "Loan Agreement") the Lender has made a [$420,000] loan to the Developer (the "Loan") for the purpose of financing a portion of the cost of constructing the Project, and pursuant to which the Developer has agreed to make payments ("Basic Payments") sufficient to pay the principal of and interest on the Loan when due; and WHEREAS, in order further to secure to the Lender performance by the Developer of its obligations under the Loan Agreement, the Developer desires to assign to the Lender its entire tax increment receipts (the "TIP Payments") payable under the Development Agreement and the tax increment revenue note to be issued thereunder (the "TIP Note"); NOW, THEREFORE, in consideration of the foregoing recitals, the parties hereto agree with each other as follows: 1. Assignment. As additional security for performance by the Developer of its obligations under the Loan Agreement, the Developer does hereby assign and pledge to the Lender, for the term of the Development Agreement Plan, all of the Developer's right, title and interest in and to the TIP Payments when the same shall be payable by the City. This assignment constitutes a perfected, absolute and present assignment. Notwithstanding the foregoing, all of the obligations of the Developer under the Development Agreement will remain in effect and will be enforceable against the existing Developer. 2. Authorization. The City agrees that so long as the Lender holds a lien on the property subject to the Development Agreement (i) the City will not, without the prior written 2051164vl consent of the Lender, amend or modify the Development Agreement or any terms thereof; (ii) the City will not terminate or cancel the Development Agreement except in accordance with the terms thereof; (iii) the City will send the Lender a copy of each correspondence, notice, or other document in connection with the Development Agreement (collectively "Correspondence") at the same time that such Correspondence is sent to the Developer; (iv) the City will notify the Lender of an occurrence of a default under the Development Agreement, and will allow the Lender to cure such default or to cause such default to be cured within the time periods allowed to the Developer under the Development Agreement, and provided further that if the Lender agrees to the performance of the obligations of the Developer under the Development Agreement, then the commencement of bankruptcy or insolvency proceedings or commencement of foreclosure proceedings against the Developer shall not be deemed a default under the Development Agreement; and (v) payments and disbursements due to the Developer under the Development Agreement and the TIF Note, when issued, shall be sent directly to the Lender at the address provided below. 3. Continuing Authorization, Indemnification. The Developer hereby absolutely and irrevocably authorizes the City to covenant as provided in paragraph 2 above. The Developer hereby indemnifies and holds the City harmless from and against any claims or liabilities arising or purporting to arise from the City's performance of its obligations under this Assignment. 4. Lender Acknowledgement. The Lender hereby acknowledges that the TIF Note, when issued, will be a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced therein. Neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of or interest on the TIF Note and no property or other asset of the City, save and except the Tax Increments (as defined in the Development Agreement), is or shall be a source of payment ofthe City's obligations under the TIP Note. 5. Notices. Any notice required or permitted hereunder shall be in writing and shall be given when personally delivered to an officer of the Lender or of the City or when mailed, certified mail, postage prepaid, to the applicable address: If to the City: City ofSt. Joseph, Minnesota 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374-0668 Attn: City Administrator/Clerk Telephone: (320) 363-7201 FAX: (320) 363-0342 2051164vl 2 If to the Lender: First State Bank ofSt. Joseph 400 4th Ave NE StJoseph,~,56374 Attn: Telephone: (320) FAX: (320) If to the Developer: Collegeville Communities, LLC 1015 West Germain Street Suite 340 St. Cloud, Minnesota 56301 Attn: Telephone: (320) FAX: (320) Any party may by proper notice hereunder change its said address. 6. Binding. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 7. Counterparts: Minnesota Law. This Assignment shall be governed by the laws of the State of Minnesota and may be executed in counterparts, each of which shall constitute an original thereof. DRAFTED BY: Briggs and Morgan, P.A. (JSB) 2200 First National Bank Building St. Paul, Minnesota 55101 2051164vl 3 IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. COLLEGEVILLE COMMUNITIES, LLC By Its [Signature page to Assignment of Development Agreement] 2051164vl FIRST STATE BANK OF ST. JOSEPH By Title [Signature page to Assignment of Development Agreement] 2051164vl 5 CITY OF ST. JOSEPH, MINNESUTA By Mayor By City Clerk [Signature page to Assignment of Development Agreement] 2051164vl 6 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ST. JOSEPH, MINNESOTA AND COLLEGEVILLE COMMUNITIES, LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 2023157vdoc Redline v3 to v2: 7/18/07 TABLE OF CONTENTS Pa2e ARTICLE I. DEFINITIONS................................................................................................. 2 Section 1.1 Definitions............................................................................................ 2 ARTICLE II. REPRESENTATIONS AND WARRANTIES................................................ 4 Section 2.1 Representations and Warranties of the City......................................... 4 Section 2.2 Representations and Warranties of the Developer............................... 4 ARTICLE III. UNDERTAKINGS BY DEVELOPER AND CITy....................................... 6 Section 3.1 Development Property and Site Improvements ................................... 6 Section 3.2 Reimbursement: Tax Increment Revenue Note................................... 6 Section 3.3 Business Subsidies Act ........................................................................ 7 ARTICLE IV. EVENTS OF DEFAULT ................................................................................. 9 Section 4.1 Events of Default Defined ......... ........ ......... ......................................... 9 Section 4.2 Remedies on Default...... ...................................................................... 9 Section 4.3 No Remedy Exclusive........................................................................ 10 Section 4.4 No Implied Waiver ............................................................................ 10 Section 4.5 Agreement to Pay Attornei:s Fees and Expenses............................. 10 Section 4.6 Indemnification of City.. ...................... .............................................. 10 ARTICLE V. ADDITIONAL PROVISIONS ...................................................................... 12 Section 5.1 Restrictions on Use ............................................................................ 12 Section 5.2 Conflicts of Interest........... ................................................................. 12 Section 5.3 Titles of Articles and Sections ........................................................... 12 Section 5.4 Notices and Demands ................... ..................................................... 12 Section 5.5 Counterparts....................................................................................... 13 Section 5.6 Law Governing.................................................................................. 13 Section 5.7 Expiration........................................................................................... 13 Section 5.8 Provisions Surviving Rescission or Expiration.................................. 13 Section 5.9 Assignability of Agreement and Note................................................ 13 EXHIBIT A Description of Development Property............................... ................................... A-I EXHIBIT B Form of Tax Increment Note............... ............... ................................................... B-1 EXHIBIT C Site Improvements................................................................................................. C-1 2023157vdoc Redline v3 to v2: 7/18/07 -1- DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the -2illh day of MayJulv, 2007, by and between the City of St. Joseph, Minnesota (the !!.~City!!.~, a municipal corporation organized and existing under the laws of the State of Minnesota and Collegeville Communities, LLC (the !!.~Developer!!.~, a Minnesota limited liability company under the laws of the United States of America. WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City has formed Development District No.2 (the !!.~Development District!!.~ and has adopted a development program therefor (the !!.~Development Program!!.~; and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1799, as amended (hereinafter, the !.!.::Tax Increment Act!.!.~, the City has created within the Development District, Tax Increment Financing District No. 2-1 (the !!.~Tax Increment District!!.~, and has adopted a tax increment financing plan therefor (the !!.~Tax Increment Plan!!.~ which provides for the use of tax increment financing in connection with certain development within the Development District; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, apply to this Agreement; and WHEREAS, the City had adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after a public hearing for which notice was published; and WHEREAS, the Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2023157vdoc Redline v3 to v2: 7/18/07 ARTICLE I. DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of St. Joseph, Minnesota; County means Steams County, Minnesota; Developer means Collegeville Communities, LLC, its successors and assigns; Development District means the real property described in the Development Program for Development District No.2; Development Program means the development program approved in connection with the Development District; Development Property means the real property legally described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; Note Payment Date means August 1, 2009, and each February 1 and August 1 of each year thereafter to and including February 1, 2035; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Person means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in St. Paul, Minnesota, as its !!.~rime rate!!.: or !!.::reference rate!!.: or any successor rate, which rate shall change as and when that rate or successor rate changes; Proiect means the construction of a residential/retaiVcommercial project, including approximately 14 condominium housing units and approximately 10,820 square feet of commercial space to be constructed on the Development Property; 2023157vdoc Redline v3 to v2: 7/18/07 2 Site Improvements means the site improvements to be undertaken on the Development Property as identified on Exhibit C attached hereto; State means the State of Minnesota; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as amended; Tax Increment District means Tax Increment Financing District No. 2-1, located within the Development District, which was qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the City Council; Tax Increment Note means the Tax Increment Revenue Note (Mill Stream Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B; Tax Increments means 90% of the tax increments derived from the Development Property which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Termination Date means the earlier of (i) February 1, 2035, (ii) the date the Reimbursement Amount is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; and Unavoidable Delavs means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, delays in delivery of materials for the construction of the Project, the soil conditions of the Development Property, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 2023157vdoc Redline v3 to v2: 7/18/07 3 ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a !!.:,:redevelopment district!!.: within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. ,(4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for the costs of the Development Property and certain Site Improvements in connection with the Project as further provided in this Agreement. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited liability company and has power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its articles or bylaws or the laws of the State. (2) The Developer shall cause the Project to be installed in accordance with the terms of this Agreement, the Development Program, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the OpInIOn of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (5) The Developer will cooperate with the City with respect to any litigation commenced with respect to the Project. 2023157vdoc Redline v3 to v2: 7/18/07 4 (6) The Developer will cooperate with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction of the Project. (7) The construction of the Project will commence on or before July 1,Au!!ust 31. 2007 and, barring Unavoidable Delays, the Project will be substantially completed by December 31,2009. 20231 57vdoc Redline v3 to v2: 7/18/07 5 ARTICLE III. UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Development Propertv and Site Improvements. The costs of the Development Property, the Site Improvements and the Project shall be paid by the Developer. The City shall reimburse the Developer for the lesser of $467,000 or the costs of the Development Property and the Site Improvements actually paid by the Developer (the !!.~Reimbursement Amount!!.,:) as further provided in Section 3.2 hereof. Section 3.2 Reimbursement: Tax Increment Revenue Note. The City shall reimburse the Developer for the costs identified in Section 3.1 through the issuance of the Citi:s Tax Increment Revenue Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the Developer has incurred and paid the cost of the Development Property and the Site Improvements, as described in and limited by Section 3.1 and shall have submitted a closing statement, purchase agreement and paid invoices for such costs in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the Note shall bear simple, non-compounding interest from the date of issuance of the Note, at 8.25% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. (3) The principal amount of the Note and the interest thereon shall be payable solely from the Tax Increments. (4) On each Note Payment Date and subject to the provisions of the Note, the City shall pay, against the principal and interest outstanding on the Note, Tax Increments received by the City during the preceding 6 months. All such payments shall be applied first to accrued interest and then to reduce the principal of the Note. (5) The Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal and interest on the Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Note. (6) The Citi:s obligation to make payments on the Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been rescinded pursuant to Section 4.2(b). (7) The Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the Note and 2023157vdoc Redline v3 to v2: 7/18/07 6 the terms of this Section 3.2, the terms of the Note shall govern. The issuance of the Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3 Business Subsidies Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 116J.995 (the .!..!.:;'Business Subsidies Act.!..!.:), the Developer acknowledges and agrees that the amount of the .!..!.~Business Subsidy.!..!.:' granted to the Developer under this Agreement is the Reimbursement Amount ':/hich is the amOl:m.t of the Deyelopment Property and the Site Impro'/ements reimbursed by the Citymultiolied by the ratio of the SQuare foota!!e of the commercial/retail so ace to the total SQuare foota!!e (the oortion of the Reimbursement amount bein!! exemot from the Business Subsidies Act reQuirements), and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to undertake without the Business Subsidy. The Tax Increment District is a .!..!.~redevelopment.!..!.~ district and the public purpose of the Business Subsidy is to retain and develop new jobs within the City and encourage the construction of the Site Improvements and to develop commercial and residential facilities in the City. The Developer agrees that it will meet the following goals (the .!..!.:;,Goals.!..!.:): It will create at least one (1) full-time equivalent job at an average wage of at least $8.00 per hour plus benefits in connection with the development of the Development Property within two years from the .!..!.::Benefit Date.!..!.:, which is the earlier of the date the Developer completes - - construction of the Project or occupies the Project. The ayera!!e wa!!e is based on the Median Wa!!e for the St. Cloud MSA for SQC Title "Restaurant. Loun!!e. and Coffee Shoo" and SQC Code 35-9031 as oublished by the Minnesota Deoartment of Emoloyment and Economic Deyelooment web oa!!e as of July 17.2007 which indicates that the ayera!!e wa!!e as of 2007. First Quarter is $7.59/hour. (2) If the Goals are not met, the Developer agrees to repay all or a part of the Business Subsidy to the City, plus interest (.!..!.:;,Interest.!..!.:) set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part, the Developer will repay a portion of the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, the numerator of which is the number of jobs in the Goals which were not created at the wage level set forth above and the denominator of which is one (1) (i.e. number of job set forth in the Goals). (3) The Developer agrees to (i) report its progress on achieving the Goals to the City until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in the report the information required in Section 116J.994, Subdivision 7 of the Business Subsidies Act on forms developed by the Minnesota Department of Employment and Economic Development, and (iii) send completed reports to the City. The Developer agrees to file these reports no later than March 1 of each year commencing March 1, 2008, and within 30 days after the deadline for meeting the Goals. The City agrees that if it does not receive the reports, it will mail the Developer a warning within one week of the required filing date. If within 14 days of the post 2023157vdoc Redline v3 to v2: 7/18/07 7 marked date of the warning the reports are not made, the Developer agrees to pay to the City a penalty of $100 for each subsequent day until the report is filed up to a maximum of $1 ,000. (4) The Developer agrees, or '.vill require that it shall continue onerations within the City for at least five (5) vears after the Benefit Date or shall cause the buyers of the retail/commercial space to agree;-- to continue retail/commercial operations within the City for at least five (5) years after the Benefit Date. (5) There are no other state or local government agencIes providing financial assistance for the Project other than the City. (6) The parent corporation of the Developer is Collegeville Development Group, LLC. (7) The Developer certifies that it does not appear on the Minnesota Department of Employment and Economic Development!~s list of recipients that have failed to meet the terms of a business subsidy agreement. 20231 57vdoc Redline v3 to v2: 7/18/07 8 ARTICLE IV. EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be .!..!.~Events of Default.!..!.: under this Agreement and the term .!..!.~Event of Default.!..!.: shall mean whenever it is used in this Agreement anyone or more of the following events: (a) (a) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property while such property is owned by Developer. (b) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (c) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (d) If the Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take anyone or more of the following actions after the giving of thirty (30) days!: written notice to the Developer citing with specificity the item or items of default and notifying the Developer that it has thirty (30) days within which to cure said Event of Default. If the Event of Default has not been cured within said thirty (30) days: 2023157vdoc Redline v3 to v2: 7/18/07 9 (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement, and no interest shall accrue on the Note while performance is suspended in accordance with this Section 4.2. (b) The City may cancel and rescind the Agreement. (c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to eyery other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney!:s Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the !!.~Indemnified Parties!!.,:) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Proj ect, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly 20231 57vdoc Redline v3 to v2: 7/18/07 10 arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. 2023157vdoc Redline v3 to v2: 7/18/07 11 ARTICLE V. ADDITIONAL PROVISIONS Section 5.1 Restrictions on Use. The Developer agrees for itself, its successor and assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and its successors and assigns shall operate, or cause to be operated, the Project as a housing/retail/commercial facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 5.2 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Collegeville Communities, LLC 1015 West Germain Street Suite 340 St. Cloud, Minnesota 56301 (b) in the case of the City is addressed to or delivered personally to the City at: City of St. Joseph, Minnesota St. Joseph City Hall 25 College Avenue North P.O. Box 668 St. Joseph, Minnesota 56374-0668 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 2023157vdoc Redline v3 to v2: 7/18/07 12 Section 5.5 Counterparts. This Agreement may be executed III any number of counterparts, each of which shall constitute one and the same instrument. Section 5.6 Law Governing. This Agreement will be governed and construed III accordance with the laws of the State. Section 5.7 Expiration. This Agreement shall expire on the Termination Date. Section 5.8 Provisions Surviving Rescission or Expiration. Sections 3.3, 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 5.9 Assignability of Agreement and Note. This Agreement and the Note may be assigned only with the consent of the City which consent shall not be umeasonably withheld but only if (1) the Developer delivers to the City reasonable evidence that all of the obligations of the Developer under this Agreement will remain in effect and will be enforceable against the existing Developer; or (2) the transferee Person assumes in writing all of the obligations of the Developer under this Agreement. 2023157vdoc Redline v3 to v2: 7/18/07 13 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF ST. JOSEPH, MINNESOTA By Its Mayor By Its Administrator-Clerk (SEAL) This is a signature page to the Development Agreement by and between the City of St. Joseph and Collegeville Communities, LLC. 2023157vdoc Redline v3 to v2: 7/18/07 S-l COLLEGEVILLE COMMUNITIES, LLC By Its Chief Manager This is a signature page to the Development Agreement by and between the City of St. Joseph and Collegeville Communities, LLC. 2023 I 57vdoc Redline v3 to v2: 7/18/07 S-2 EXHIBIT A Description of Development Property Legal Description [If the plat will be approved by the time we finalize this agreement & we have new Parcel ID numbers or we know what the new legal description will be we can use that, otherwise we')) have to use the old legal description/Parcel ID numbers] 2023157vdoc Redline v3 to v2: 7/18/07 A-I EXHIBIT B Form of Tax Increment Note No. R-1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH TAX INCREMENT REVENUE NOTE (MILL STREAM PROJECT) The City of S1. Joseph, Minnesota (the .!!.:City.!!.:), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the .!!.~Payment Amounts.!!.~ to Collegeville Communities, LLC (the .!!.~Developer.!!.~ or its registered assigns (the .!!.~Registered Owner.!!.~, but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof; provided that the sum of the principal amount listed above shall in no event exceed $467,000 as provided in that certain Development Agreement, dated as of May _,Julv 20. 2007 as the same may be amended from time to time (the "Development Agreement"), by and between the City and the Developer. The unpaid principal amount hereof shall bear interest from the date of this Note at the simple non- compounded rate of eight and twenty-five hundredths percent (8.25%) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The amounts due under this Note shall be payable on August 1, 2009, and on each February 1 and August 1 thereafter to and including February 1, 2035, or, if the first should not be a Business Day (as defined in the Development Agreement), the next succeeding Business Day (the "Payment Dates"). On each Payment Date the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter defined) received by the City during the six month period preceding such Payment Date. All payments made by the City under this Note shall first be applied to accrued interest and then to principal. The Payment Amounts due hereon shall be payable solely from 90% of tax increments (the .!!.~Tax Increments.!!.~ from the Development Property within the City!~s Tax Increment Financing District No. 2-1 (the .!!.~Tax Increment District.!!.~ within its Development District No. 2 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or supplemented from time to time (the .!!.~Tax Increment Act.!!.~. This Note shall terminate and be 2023157vdoc Redline v3 to v2: 7/18/07 B-1 of no further force and effect following the last Payment Date defined above, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(b) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, the date the Tax Increment District is terminated, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The City makes no representation or covenant, express or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Citi~s payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the City of St. Joseph, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of this Note and no property or other asset of the City, save and except the above-referenced Tax Increments, is or shall be a source of payment of the Citi~s obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. 2023157vdoc Redline v3 to v2: 7/18/07 B-2 IN WITNESS WHEREOF, City ofSt. Joseph, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and Administrator-Clerk and has caused this Note to be dated as of Administrator-Clerk 2023157vdoc Redline v3 to v2: 7/18/07 Mayor B-3 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note was registered in the name of Collegeville Communities, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNER DATE OF REGISTRATION SIGNATURE OF CITY ADMINISTRATOR-CLERK Collegeville Communities, LLC 1015 West St. Germain Street Suite 340 S1. Cloud, Minnesota 56301 2023157vdoc Redline v3 to v2: 7/18/07 B-4 EXHIBIT C Site Improvements Landscaping, including irrigation Foundations and Footings Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation On Site Utilities Storm Water/Ponding Outdoor Lighting Parking, Driveway and Sidewalk Improvements V1dd or delete reimbursable items] 2023157vdoc Redline v3 to v2: 7/18/07 C-l