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HomeMy WebLinkAbout2007 [10] Oct 18 {Book 41} Judy Weyrens Administrdtor MdYor AI Rdssier Councilors Steve Frdnk Rick Schultz Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council October 18, 2007 7:00 PM 1. Call to Order 2. Approve Agenda a. Minutes - Requested Action: Approve the Minutes of September 20, 2007. b. Bills Payable - Requested Action: Approve check numbers 039402- 039471. c. Interim Use Permit - Requested Action: Authorize the Mayor and Administrator to execute the Fact of Findings issuing a conditional Interim Use Permit to Student Housing LLC for a rental unit at 30 Birch Street E. d. Donations - Requested Action: Accept the following donations: Anonymous (camping/disc golf) - $714.09; St. Joseph Lions (Dugouts) - $2,000; Rick Schultz (12 basketballs) $120.00. e. Financial Report - Requested Action: Accept the September 2007 and 2007 3rd Quarter Financial Reports as presented. 3. Consent Agenda 4. Public Comments to the Agenda 5. 7:00 Monte Eastvold, Bond Sale 6. Treasurer's Report a. Investment Policy Update/Approval 7. City Engineer Reports a. 2007 East Side Mill and Overlay - Update b. Water Treatment Facility - Update 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Personnel Update b. Facility Keys 11. Adjourn 2. ~C 0 II e g e A v en u e Nor t h . PO Box 668' S din t 10 s e ph, M inn e sot d ~ 6 57 4 Phone ,2.0,,6,,]2.01 FdX ,2.0,,6,,0,42. ST. JOSEPH CITY COUNCIL October 18, 2007 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 20. 21. Sf U <- r' cJ/l~7~ ? / . , 1.1 .. }" II ~ A A A \ I LtVut- IV-L.A~ '-'<.-C-;;! f 12. 13. 14. 15. 16. 17. 18. 19. ADDRESS d/~qrh/?~~ ,6 f. ~ 17Lc/y~~J7f.,'7 ';n~ / DRAFT September 20, 2007 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, September 20, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz, Steve Frank, City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart Others Present: Mike Deutz, Monte Eastvold Approve Aaenda: Symanietz made a motion to approve the agenda with the following additions/deletions: 3c 7 Add 11 c Weyrens stated that she received proof of 50% ownership. Delete Final Plat -- Northland Hills Habitat for Humanity The motion was seconded by Wick and passed unanimously. Consent Aaenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 039289 - 039344. b. Door Replacement - Authorize the expenditure of $1 ,532.00 from Mid Central Door for the replacement of the doors at the Water Plant located at 25 1 st Avenue NW, with funds being expended from the Water Filtration Bond Fund. c. Interim Use Permit - Accept the recommendation of the Planning Commission and issue an Interim Use Permit to William Capecchi, 209 E Minnesota Street to operate an owner occupied rental unit. d. Interim Use Permit - Accept the recommendation of the Planning Commission and issue and Interim Use Permit to Bryce Deters, 106 Jasmine Lane to operate an owner occupied rental unit. e. Application for Payment - Approve Pay Application #4 for the CR 121 Reconstruction Project and authorize payment to Stearns County in the amount of $308,231.94. f. Alternate Enforcement Grant - Allow the Police Department to receive the Alternate Enforcement Grant from the State of Minnesota. Discussion: Schultz stated that there are several invoices to K & L for lawn mowing services totaling more than $1,000. He questioned whether it would be more feasible to have staff do the work instead. Weyrens stated that staff does not have the time to do the work and she added that the property owner is billed for those services. The motion was seconded by Wick and passed unanimously. Public Comments to the Aaenda: No one present wished to speak. Bond Issue Review: Monte Eastvold approached the Councilors with respect to the City's debt. He stated that while updating the City's Debt Management Study, he noticed that the City has the opportunity to refinance two bond issues reducing the interest cost to the City. Eastvold stated that the following bond issues have a refunding opportunity: 1. Call a portion of the 1998 Bond Issue, saving approximately $20,000 in interest expenses. 2. Refund the 1999 Bond Issue - issuing new debt in the amount of $755,000. The savings would be approximately $23,905. Wick questioned whether or not the new bond issue would have the same term, if it is refunded. Eastvold stated that it would be the same payment terms; however, the interest rate would be lower. DRAFT September 20, 2007 Page 2 of 6 Rassier questioned whether or not calling or refunding the bonds would affect the City's Bond Rating. According to Eastvold, it would not have a negative effect as Moodys looks for less debt when assigning a new bond rating. With respect to the budget, Frank questioned how much it would cost the City. Weyrens advised Frank that it would have no impact on the general fund. Eastvold stated that the City budgeted $50,000 for bonding payments. As the Council was of the consensus to re-finance the debt, Eastvold stated that he would present the Council with a new bond issue at the October 18 Council Meeting. R1 Single Familv Rental License Moratorium: Weyrens advised the Council that on September 10, the Planning Commission met and discussed the issuance of interim Use Permits. With a 5:2 vote, the Planning Commission recommended that the Council place a moratorium on Interim Use Permits within the R1 Zoning Districts. Members stated that the Moratorium is needed to determine if the Interim Use Permits are effective and if they are balancing residential and rental in residential neighborhoods. Weyrens stated that enforcement is also an issue. While the City receives a number of complaints that rental units are exceeding the maximum density it is difficult to enforce. The City responds to all complaints, but if the City Office is informed the property is not rental, is difficult to prove otherwise. On behalf of the Planning Commission, Wick reported that they reviewed two Interim Use Permits, both of which are in the R1 Zoning District. They accepted input from the Public. After much discussion, the Commissioners concluded that the current Ordinance is 5+years old and is in need of review. They recommended a 90day moratorium to review the Ordinance and make any necessary changes. Weyrens stated that the Department Heads suggested the following alternatives: a. Changing the ownership requirement from 50% to 100% or something slightly less. b. Placing a minimum distance between Interim Use Permits and or between current rental licenses. c. Establishing a percentage of a block that can be rental. d. Prohibit completely. Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2007-037 adopting Interim Ordinance 2007-001. The motion was seconded by Wick. Discussion: Frank stated that there are at least 30 known party houses in St. Joseph. He added that, in cities such as Chaska, parents or property owners are held more accountable. In his opinion, rentals are a poison to a neighborhood. With the current Interim Use process, these houses are bought and sold every few years. Many of these homes do not have current rental licenses. According to Rassier, the Rental Process has improved with the requirement of owner-occupied rentals. He stated that none of the Ordinances are perfect and he does not believe that the City needs to place a moratorium on these permits to review the Ordinance. Wick, on the other hand, stated that a 90 day moratorium will not be a burden to those wishing to apply for an owner occupied Interim Use Permit. The reason for the moratorium is to place some controls on the process. Schultz questioned whether the Interim Use Permits for the Business Districts will be reviewed as well. As the Interim Use provisions for the Business Districts are fairly new, Schultz was advised that it is too early to review those as well. Frank stated that, after the review of the Interim Use Process for the R1 Zoning District, it may be necessary to review the Business Districts as well. Ayes: Symanietz, Wick, Schultz, Frank Nays: Rassier The motion passed 4:1. Northland Hills. Preliminary Plat Weyrens advised the Council that the Planning Commission conducted the Public Hearing on September 10 for the Preliminary Plat entitled Northland Hills. This plat is located adjacent to the Northland Development and Fir Street and contains 10 lots. There was considerable DRAFT September 20, 2007 Page 3 of 6 discussion regarding a walking trail between lots 6 and 7. Based on their discussion, the Planning Commissions are recommending that no trail access be required as it could have a negative impact on the adjoining properties. Weyrens clarified that the proposed plat meets the density, setback and R1 Zoning restrictions. However, the City Engineer has presented a list of issues that need to be addressed before the Council can consider the final plat. In addition, the developer must agree to the terms of the Development Agreement prior to final plat approval. Therefore, at this time the City Council is only considering the preliminary plat. Mike Deutz approached the Council on behalf of the MG Development and discussed the desire to keep as many of the trees on the plat as possible. It is not his intent to mass grade the site; rather, each building pad will be established. Rassier questioned where the trails are located. Wick stated that they can access the Wobegon Trail along Fir Street or by using the trail along the Boulder Ridge Apartments. Schultz questioned Weyrens as to the requirements for Trails. Weyrens stated that the Park Dedication Ordinance requires trails; however, they are part of the total requirement and not an addition to the land and/or cash in lieu of land. In this particular area the proposed plat is the last area for development and the other sections do not have trail. A trail at this time would not connect to an existing trail and will just end. Rassier added that, currently, the road serves as the Walking Trail in the Northland Developments. Wick then stated it would be hard to connect to the City trail system as there are no trails to connect to. Schultz questioned the steep drop in elevation behind some of the lots. Sabart advised the Council that in those situations there may be more tree loss to allow for that area to be filled. Wick questioned whether or not it would be better to keep the natural vegetation for usability and safety concerns. Frank clarified that this would be brought back for final approval once all conditions are met. Wick made a motion to approve the Preliminary Plat entitled Northland Hills. The motion was seconded by Schultz and passed unanimously. CITY ENGINEER REPORTS No Report MAYOR REPORTS Sf. Cloud APO: Rassier stated that he attended the St. Cloud APO meeting at which they discussed the appropriations for next year. Water Treatment Plant Open House: Rassier thanked staff for doing a good job at the Open House and stated that there was a good turnout. Approximately 350 people came to tour the facility. He added that this is a nice facility and it will serve the community for a long time. Weyrens stated that another open house will be scheduled for next spring. COUNCIL REPORTS SYMAN I ETZ St. Cloud Area Economic Development Partnership: Symanietz reported that she attended the St. Cloud Partnership meeting at which they had a presentation from Northern Lines Railway. Items such as lumber, fuel, coal and plastics are hauled using the railway. Due to the rising fuel costs, she stated that more and more companies are using the railways as one car holds the equivalent to 3 semi trucks. The railway comes through St. Joseph to Borgert Products. WICK Millstream Arts Festival: Wick advised the Council that the Millstream Arts Festival will be returning to St. Joseph on September 30. The festival will include local artists and businesses. Admission is free with a non-perishable donation to the St. Joseph Community Food Shelf. DRAFT September 20, 2007 Page 4 of 6 SCHULTZ - No Report FRANK Power Line Update: Frank stated that recently residents may have noticed equipment being installed on the power lines. The purpose of the equipment is to allow Xcel to do meter readings electronically for gas/electric services. Water Treatment Plant: Frank stated that he was unable to make the tour of the Water Treatment Plant, but stated he does plan to visit the facility. ADMINISTRATOR REPORTS Street MarkinQs: With respect to the 2006 Interior Street Improvement Project and the 8th Avenue NE Improvements, there were some concerns with the street markings. Sabart advised the Council that they may look somewhat distorted as the glass beads were added to the paint with the excess removed. Downtown DesiQn Standards: Recently, the Downtown Group's Urban Environs Committee completed a document for the landscape and design of the Downtown. This document is to be used as a complimentary guide to the Ordinances to provide guidance. The Planning Commission recently held a Public Hearing to review the proposed design standards. They recommended that definitions and a table of contents be added to the document. Schultz questioned the Core Downtown vs. Greater Downtown. Wick advised the Council that the "Core Downtown" will include the current Kennedy School and the "Greater Downtown" will extend to Birch Street over to 2nd Avenue. Rassier stated that along CR75, there are already some design standards in place. Wick stated that this document was distributed to local businesses and also put on the City Website for review. There were a few minor updates that need to be made, but there were no additional comments received. Weyrens advised the Council that the EDA set aside $5,000 to be used by local businesses to help design new streetscapes with a maximum cap of $ 1,000 per business. Rassier added that a committee will be set up to help review the financing for the local businesses. Wick stated that one of the goals mentioned in the document was to provide adequate parking and to relocate the power poles. The group does; however, understand that those things will not happen in the near future. Frank questioned the sidewalks downtown as the sidewalks near the new Millstream Shops and Lofts seem to be narrower than those to the West of College Avenue. Wick stated that the sidewalks are narrower to the East of College Avenue. Schultz stated that these standards are not enforceable to which Rassier stated that this is to be used as a Comprehensive Plan for the Downtown Area. According to Wick, the Urban Environs Committee worked very hard to come up with the standards by first looking at the old standards as proposed by the Design Team. The group also visited other cities to get a closer look at their downtown. He added that they understand that these standards will be updated over time. Wick requested that a letter of appreciation be sent to those members of the Urban Environs Group. Symanietz made a motion to accept the Downtown Design Standards as presented and authorize the Staff to use the standards as a planning tool for future development. The motion was seconded by Schultz and passed unanimously. Water Meter Bids: Weyrens advised the Council that the City received only one bid that met the requirements for an electronic metering system. The bid was submitted by Hydro Meterin and is as follows: Meters $179/meter DRAFT September 20, 2007 Page 5 of 6 . . Software $18,500 The City also received one bid for meter installation, that being Midwest Testing. The bid is as follows: Installation $43/meter Old Meters Credit $2.00/meter The Council decided that the City would not charge residents for the new meters so the cost to the City is approximately $ 325,000. Weyrens stated that the project will be funded through the Water Fund. She added that it would be best to start the process towards the end of January/beginning of February, 2008. There was some discussion about converting one half of the City in 2008 and the other half in 2009; however, for billing purposes, itwould be best to do it all in 2008. By using the electronic metering, the City will be able to recapture water. Contractors will now have their water usage metered as well as they must get any bulk water from the bulk water station at the new Water Plant. Symanietz questioned how long the installation will take inside the residence. Weyrens stated that no timeframe was given; however, Taufen stated that the current meters take approximately % hour to 45 minutes to install. Taufen advised the Councilors that the Company will contact the residents directly to set up an appointment for installation. According to Weyrens, they did check references and they are very experienced in this field. Rassier made a motion to authorize the City to work with Hydro Metering and Midwest Testing to negotiate a contract for the purchase and installation of the new water meters for the City. The motion was seconded by Wick and passed unanimously. Habitat for Humanitv: Recently, Habitat for Humanity approached the Council with a request for fees to be waived for the St. Joseph Project. Weyrens stated that there is little that the City can do to waive fees. In anticipation of this meeting Weyrens states she contacted the City of St. Cloud, who only relieves development fees. As of this time S1. Cloud has not waived any inspection or access fees. Rassier stated that with respect to water and sewer fees, it does not seem right to waive them for the Habitat for Humanity Project as all other citizens pay those fees. Wick stated that he is unsure as to whether or not fees should be waived. Weyrens advised the Council that the building inspection fees can be absorbed through the General Fund. There are limits as to what fees the City can waive. The amount of fees paid for Park Dedication is $914.00. Schultz questioned the different fees and stated that it is his opinion that all fees associated with the Building permit should be waived. Fees associated with the Building Permit are as follows: $ 600.00 Building Permit $ 6,000.00 WAC/SAC $ 300.00 Trunk fees According to Wick, the City has worked with various groups to provide affordable housing within the City and believes that the Habitat project falls in the same category. Frank stated that he would like the City to explore what they can do for the Habitat Project. Schultz made a motion to waive all fees associated with the Building Permit including the water and sewer access fee. The motion was seconded by Frank. Discussion: Weyrens stated that the fees for the water and sewer access fees would have to be transferred from the general fund as those fees represent debt of the City. The Council agreed that the waiver of fees should be reviewed by the City Attorney. Ayes: Schultz, Frank, Wick Nays: Rassier, Symanietz The motion passed 3:2. Maintenance Position: Weyrens reported that the City received 102 applications for the Maintenance Position. She stated that she, along with Rassier, Wick and Taufen, met to review the applications. Of DRAFT September 20, 2007 Page 6 of 6 those 102 applications, 45 applicants were called for testing and 8 will be interviewed. When questioned why there were so many applicants, Weyrens explained that there were some changes to the hours and construction is slow this season. Human Riahts: Weyrens stated that St. Joseph and Waite Park will be moving forward with the Human Rights process limiting services to those cities participating. Adiourn: Wick made a motion to adjourn at 8:30; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator City of St. Joseph Bills Payable October 15, 2007 Page 1 Check # Search Name Comments Amount FUND DEPART OBJ 039402 AWWA - MINNESOTA SECTION G Donabauer Registration $40.00 601 49440 331 039403 STEARNS COUNTY HIGHWAY 2006 8th Ave NE -$34,542.00 340 43120 039403 STEARNS COUNTY HIGHWAY Pay #4 County Road 121 $308,231.94 425 43122 530 039404 MINNESOTA RURAL WATER ASSOC. M Sworski Wtr School 1 0/24/07 $75.00 601 49440 331 039405 AWWA - MINNESOTA SECTION M Sworski-Trng 10/17/07 $40.00 601 49440 331 039405 AWWA - MINNESOTA SECTION J Marthaler- Trng 10/17/07 $40.00 601 49440 331 039406 ST. JOSEPH CHAMBER OF Membership dues $37.50 101 41430 433 039406 ST. JOSEPH CHAMBER OF Membership dues $37.50 101 42120 433 039407 ACCLAIM BENEFITS September administration $5.00 101 41530 137 039407 ACCLAIM BENEFITS September administration $5.00 603 43230 137 039407 ACCLAIM BENEFITS September administration $10.66 602 49490 137 039407 ACCLAIM BENEFITS September administration $10.67 601 49440 137 039407 ACCLAIM BENEFITS September administration $48.00 101 42120 137 039407 ACCLAIM BENEFITS September administration $10.00 101 41430 137 039407 ACCLAIM BENEFITS September administration $10.67 101 45202 137 039408 ACCLAIM BENEFITS-REIMB Daycare Reimbursement #498 $142.50 101 039408 ACCLAIM BENEFITS-REIMB Reimbursement #498 $14.92 101 039409 AFSCME COUNCIL 65 October dues $328.95 101 039410 ALEX AIR APPARATUS, INC Air quality service $132.60 105 42220 220 039410 ALEX AIR APPARATUS, INC Containment Fill Station $6,147.81 105 42220 584 039411 ALL CARE TOWING Plymouth Sundance Green Forfeiture $40.90 101 42120 220 039411 ALL CARE TOWING Ford Pickup Brown $42.60 101 42120 220 039412 ALLIED WASTE SERVICES September Service $237.45 101 45202 384 039412 ALLIED WASTE SERVICES September Service $16,233.96 603 43230 384 039412 ALLIED WASTE SERVICES September Service $72.34 105 42220 384 039412 ALLIED WASTE SERVICES September Service $72.35 101 45201 384 039412 ALLIED WASTE SERVICES September Service $72.34 602 49490 384 039413 AMERIPRIDE Sept Clothing $17.95 602 49490 171 039413 AMERIPRIDE Sept Clothing $5.83 602 49450 171 039413 AMERIPRIDE Sept Clothing $21.54 601 49440 171 039413 AMERIPRIDE Sept Clothing $11.11 101 45202 171 039413 AMERIPRIDE Sept Clothing $44.87 101 43120 171 039413 AMERIPRIDE Sept Clothing $5.04 101 45202 171 039413 AMERIPRIDE Floor mats $15.35 101 42120 210 039413 AMERIPRIDE Floor mats, towels $30.39 101 41430 210 039414 BRANNAN LOCKSMITH Brass tags for Park keys $31.71 101 45202 210 039414 BRANNAN LOCKSMITH Brass tags for rental keys $10.57 105 42281 210 039415 C & L EXCAVATING 2006 8th Ave NE-pay app 4 $14,084.89 440 43120 530 039416 C & L EXCAVATING, INC 2006 Street Improvements-Pay app 10 $10,987.59 438 43120 530 039417 CCP INDUSTRIES Roll of Towels, dispensers, absorment $118.09 101 45201 210 039417 CCP INDUSTRIES Roll of Towels, dispensers, absorment $118.09 602 49480 210 039418 CENTRAL MCGOWAN Medical oxygen $43.14 105 42270 210 039419 CITY OF SARTELL 2nd & 3rd Quarter Gang Strike Force $1,589.47 101 42120 300 039420 CITY OF ST. CLOUD September rental $14,662.47 602 49480 419 039421 CITY OF ST. JOSEPH postage $4.81 101 41430 322 039422 COLD SPRING VETERINARY CLINIC September Kennel Services $269.64 101 42700 300 039423 CUMMINS NORTH CENTRAL, INC repair 1 OOkw generator $208.68 602 49450 220 039423 CUMMINS NORTH CENTRAL, INC repair 80kw generator $1,524.78 601 49440 220 039424 ERIN CONTRACTING 2005 Northland Heights-pay app 9 $60,381.96 435 49450 530 039425 FASTENAL COMPANY washers, bolts $67.44 101 45201 210 039426 FLEXIBLE PIPE TOOL COMPANY T' saw blade $97.55 602 49480 210 039427 FULL FLEDGED CONSTRUCTION siding and facia $1,530.00 205 45203 531 039428 GRANITE CITY TIRE & AUTO 16 tires $1,665.86 101 42152 220 039429 HARDRIVES 2007 East Side Improv-pay app 3 $130,077.93 441 43121 530 039430 HAWKINS WATER TREATMENT Phosphorus tests $51.20 602 49480 312 039430 HAWKINS WATER TREATMENT Influent BOD $91.20 602 49480 312 039431 HEARTLAND DOOR SALES INC. service & adjustment labor-garage doors $88.50 101 42120 220 039432 HYDRANT & VALVE REPAIR SERVICE hydrant repair ICR 07801948 $2,769.00 601 49430 220 039433 INSPECTRON INC building inspection-August, September $15,000.00 101 42401 300 City of St. Joseph Bills Payable October 15, 2007 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 039433 INSPECTRON INC Rental Housing Inspections $3,900.00 101 42401 300 039433 INSPECTRON INC Add'l Bldg Inspection Services $3,475.00 101 42401 300 039434 JM GRAYSTONE OIL CO" INC postage-September $28.44 602 49490 322 039434 JM GRAYSTONE OIL CO., INC September - fuel $200.99 105 42220 210 039434 JM GRAYSTONE OIL CO., INC September - fuel $68.83 602 49490 210 039435 K & L LAWN CARE 234 17th Ave SE $42.80 101 43120 300 039435 K & L LAWN CARE 938 14th Ave NE $42.80 101 43120 300 039435 K & L LAWNCARE Iverson W 146,144,142,140,134,132,120 $53.50 101 43120 300 039435 K & L LAWN CARE 458 Elena Lane $42.80 101 43120 300 039435 K & L LAWNCARE 204 18th Ave SE $42.80 101 43120 300 039435 K & L LAWNCARE Jefferson Lane 349, 341,336, 330 & 84- $235.40 101 43120 300 039435 K & L LAWNCARE 214 18th Ave SE $42.80 101 43120 300 039436 KEEPRS, INC/CY'S UNIFORMS . J Tiffany-shield $88.38 101 42120 171 039436 KEEPRS, INC/CY'S UNIFORMS battery, safety wand $109.66 101 42120 210 039436 KEEPRS, INC/CY'S UNIFORMS equipment for Van $658.00 101 42152 210 039436 KEEPRS, INC/CY'S UNIFORMS D Pfannestein-gloves $25.99 101 42120 171 039436 KEEPRS, INC/CY'S UNIFORMS D Peschong uniform $47.88 101 42120 102 039436 KEEPRS, INC/CY'S UNIFORMS R Etshokin~replacement uniform $82.99 101 42120 171 039437 KLN DISTRIBUTING, INC Service Imagepc $133.70 101 41430 215 039437 KLN DISTRIBUTING, INC Duo Nobilis system, monitor, installation, $2,033.41 490 42120 581 039438 LAW ENFORCEMENT LABOR October dues $276.50 101 039439 LEAGUE OF MN CITIES Mayors Association Membership $20.00 101 41310 433 039439 LEAGUE OF MN CITIES Membership dues 2007-2008 $4,815.00 101 41110 433 039440 LEES ACE HARDWARE Supplies $13.47 101 42120 220 039440 LEES ACE HARDWARE Supplies $2.79 602 49450 220 039440 LEES ACE HARDWARE Supplies $20.31 105 42210 200 039440 LEES ACE HARDWARE Supplies $48.94 101 45202 220 039440 LEES ACE HARDWARE Supplies $27.28 601 49440 210 039440 LEES ACE HARDWARE Supplies $27.28 601 49421 210 039440 LEES ACE HARDWARE Supplies $21.46 101 43120 220 039440 LEES ACE HARDWARE Supplies $1.93 101 41942 210 039440 LEES ACE HARDWARE Supplies $20.31 105 42250 230 039441 LOSO"S STORE Water Filtration Open House $27.60 601 49440 210 039442 MACQUEEN EQUIPMENT gutter brooms $284.48 101 43220 210 039443 MANEY INTERNATIONAL INC. DOT requirements $82.29 101 43120 212 039444 MENARDS trailer end plug $14.95 101 43120 220 039444 MENARDS RV antifreeze $33.85 101 45202 210 039444 MENARDS shelving $132.57 601 49440 200 039444 MENARDS trash can, vacuum $147.06 105 42281 210 039444 MENARDS teflon tape, caster wheels $28.09 601 49421 220 039444 MENARDS plywood, blades $58.86 101 43120 210 039444 MENARDS returned shelving -$36.37 601 49440 200 039445 MINNESOTA CHIEFS OF POLICE Fall Conference $90.00 101 42140 331 039446 MINNESOTA DEPARTMENT OF R Torborg Wtr License renewal $23.00 601 49440 446 039447 MINNESOTA ELEVATOR, INC service-October $89.85 101 41942 220 039448 MINNESOTA TRAVEL MANAGEMENT Lease 6073 $1,011.60 101 42152 414 039448 MINNESOTA TRAVEL MANAGEMENT July & August Lease 6473 $1,324.94 101 42152 414 039448 MINNESOTA TRAVEL MANAGEMENT Lease 5556 $905.40 101 42152 414 039448 MINNESOTA TRAVEL MANAGEMENT Lease 6002 $1,011.60 101 42152 414 039448 MINNESOTA TRAVEL MANAGEMENT Lease 6473 $988.20 101 42152 414 039449 MOBILE VISION back mic, cover, $23.44 101 42151 233 039450 MUNICIPAL DEVELOPMENT CORP eda contract hours-September $2,287.78 150 46500 300 039451 OFFICE MAX ink & cd's $108.01 101 41430 200 039452 ONE CALL CONCEPTS, INC notification-September $58.30 602 49490 319 039452 ONE CALL CONCEPTS, INC notification-Septmeber $58.30 601 49440 319 039453 PITTSBURGH PAINTS paint $34.61 101 42120 210 039453 PITTSBURGH PAINTS credit on Inv 5124 -$59.63 205 45203 531 039453 PITTSBURGH PAINTS paint $34.61 101 41942 210 039453 PITTSBURGH PAINTS paint $34.61 601 49440 210 City of St. Joseph Bills Payable October .15, 2007 Page 3 Check # Search Name Comments Amount FUND DEPART OBJ 039454 POWERHOUSE OUTDOOR EQUIP Chain sharpening $42.80 101 45202 220 039454 POWERHOUSE OUTDOOR EQUIP Saw blades $49.17 101 45202 210 039455 PRECISE REFRIGERATION INC Installation of AC-Maint Facility $2,670.00 490 43120 520 039455 PRECISE REFRIGERATION INC Fall Maintenance to heating system $213.43 105 42280 220 039455 PRECISE REFRIGERATION INC Diagnostic repair to furnace $169.50 601 49410 220 039455 PRECISE REFRIGERATION INC Diagnostic repair to furance $169.50 602 49480 220 039456 QWEST-TELEPHONE Telephon service-October $72.82 150 46500 321 039456 QWEST-TELEPHONE Telephon service-October $72.83 602 49470 321 039456 QWEST-TELEPHONE Telephon service-October $173.96 601 49440 321 039456 QWEST-TELEPHONE Telephon service-October $72.82 105 42250 321 039456 QWEST-TELEPHONE Telephon service-October $72.82 101 45201 321 039456 QWEST-TELEPHONE Telephon service-October $157.06 101 42151 321 039456 QWEST-TELEPHONE Telephon service-October $72.82 101 41946 321 039456 QWEST-TELEPHONE Telephon service-October $72.83 602 49471 321 039456 QWEST-TELEPHONE Telephon service-October $72.83 602 49490 321 039456 QWEST -TELEPHONE Telephon service-October $72.82 101 41941 321 039456 QWEST- TELEPHONE Telephon service-October $72.83 602 49472 321 039456 QWEST -TELEPHONE Telephon service-October $72.83 602 49473 321 039456 QWEST-TELEPHONE Telephon service-October $241.30 101 41430 321 039457 R. L. LARSON EXCAVATING, INC 2007 Jade Road Improv-pay ap 2 $572,697.29 441 43120 530 039458 RAJKOWSKI HANS MEIER L TD SI. Bens $100.00 101 41610 304 039458 RAJKOWSKI HANSMEIER L TD Meadowvale suit $125.00 425 43122 530 039458 RAJKOWSKI HANS MEIER L TO Meetings $487.50 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Jade Road $37.50 441 43120 530 039458 RAJKOWSKI HANSMEIER L TO Erdahl rental $12.50 101 42120 304 039458 RAJKOWSKI HANS MEIER L TD Rental Lic Issues $505.34 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Lambert/Flint Development $12.50 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Contract for deed $362.50 101 41610 304 039458 RAJKOWSKI HANSMEIER L TD Building records $200.00 101 42401 304 039458 RAJKOWSKI HANSMEIER L TO Criminal Matters $3,500.00 101 42120 304 039458 RAJKOWSKI HANSMEIER L TO Police matters $323.00 101 42120 304 039458 RAJKOWSKI HANSMEIER L TO Callaway Devleopement $1,674.00 101 41610 304 039458 RAJKOWSKI HANSMEIER L TD Ordinance issues $1,306.83 101 41130 304 039458 RAJKOWSKI HANSMEIER L TO Wac/Sac issues $395.00 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Excel issues $75.00 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Liberty Pointe $514.00 101 41610 304 039458 RAJKOWSKI HANSMEIER L TO Developers $195.33 101 41610 304 039459 SAFETY TRAIN, INC Safety Training Manuel $3.75 601 49440 212 039459 SAFETY TRAIN, INC Safety Training Manuel $3.75 101 45202 212 039459 SAFETY TRAIN, INC Safety Training Manuel $3.75 101 43120 212 039459 SAFETY TRAIN, INC Safety Training Manuel $3.75 602 49490 212 039460 SEH Water tower Plans $5,025.00 601 49436 530 039461 S1. JOSEPH FIRE RELIEF ASSN 2007 State Aid $40,667.00 105 42220 448 039462 STEARNS COUNTY AUDITOR-TREAS Assessments-New this year $900.00 101 41550 300 039462 STEARNS COUNTY AUOITOR-TREAS Assessments-Prior Years $121.20 101 41550 300 039462 STEARNS COUNTY AUOITOR-TREAS Truth-in-Taxation 2007 $317.00 101 41430 210 039463 STEARNS COUNTY SHERIFF'S 3rd quarter MDT units $227.52 101 42151 321 039464 TIREMAXX SERVICE CENTERS repair tire $16.95 101 42152 220 039465 TRAUT WELLS Wtr Test-Meat Mkt, Kennedy School $38.00 601 49420 312 039466 UNIQUE PAVING MATERIALS #2 winter UPM $71.89 101 43120 210 039466 UNIQUE PAVING MATERIALS #2 winter UPM $71.89 101 45202 210 039467 UNUM LIFE INSURANCE November disability insurance $608.12 101 039468 US CABLE Internet service-October $42.95 105 42250 321 039469 VERIZON WIRELESS Cell phone-October $47.45 602 49490 321 039469 VERIZON WIRELESS Cell phone-October $96.75 101 41430 321 039469 VERIZON WIRELESS Cell phone-October $264.56 101 42151 321 039469 VERIZON WIRELESS Cell phone-October $19.49 101 43120 321 039469 VERIZON WIRELESS Cell phone-October $19.48 101 45202 321 039469 VERIZON WIRELESS Cell phone-October $16.05 101 43120 321 City of St. Joseph Bills Payable October 15, 2007 Page 4 Check # Search Name Comments Amount FUND DEPART OBJ 039469 VERIZON WIRELESS Cell phone-October $16.05 101 45202 321 039469 VERIZON WIRELESS Cell phone-October $31.97 105 42250 321 039470 VIKING INDUSTRIAL CENTER earplugs $79.28 101 45202 212 039470 VIKING INDUSTRIAL CENTER gloves $102.74 602 49490 210 039471 XCEL ENERGY September usage $184.68 601 49435 381 039471 XCELENERGY September usage $324.22 601 49420 381 039471 XCELENERGY September usage $933.96 601 49410 381 039471 XCELENERGY September usage $47.21 601 49410 383 039471 XCELENERGY September usage $379.32 602 49480 381 039471 XCELENERGY September usage $116.85 602 49470 381 039471 XCELENERGY September usage $40.85 101 43120 381 039471 XCELENERGY September usage $22.83 602 49471 383 039471 XCEL ENERGY September usage $6.50 101 42500 326 039471 XCELENERGY September usage $18.12 602 49480 383 039471 XCELENERGY September usage $18.45 101 43120 383 039471 XCEL ENERGY September usage $12.29 101 45201 383 039471 XCELENERGY September usage $15.14 101 43120 381 039471 XCELENERGY September usage $10.08 101 45201 381 039471 XCEL ENERGY September usage $41.51 101 43120 381 039471 XCEL ENERGY September usage $27.67 101 45201 381 039471 XCELENERGY September usage $206.99 101 41942 383 039471 XCELENERGY September usage $883.57 101 41942 381 039471 XCELENERGY September usage $22.78 101 41941 383 039471 XCELENERGY September usage $277.89 101 41941 381 039471 XCELENERGY September usage $24.71 101 45123 383 039471 XCEL ENERGY September usage $11.39 101 45123 381 039471 XCELENERGY September usage $211.45 101 45202 381 039471 XCELENERGY September usage $29.57 101 42610 386 039471 XCELENERGY September usage $2,070.48 101 43160 386 $1,220,567.86 crrr OF ST. JOS":PR Council Agenda Item 3t, (]thl}t(l,t MEETING DATE: October 18, 2007 AGENDA ITEM: Interim Use Permit -Issue an Interim Use Permit to Student Housing LLC to allow an owner occupied rental at 30 Birch Street East as recommended by the Planning Commission. SUBMITTED BY: Ad ministration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on October 1, "2007 to consider issuance of an interim use permit for 30 Birch Street East. The Planning Commission recommended approval with the following contingencies: 1. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 2. The Planning Commission will review the license annually to determine if the area surrounding this property is ready for conversion to the business district. When the neighborhood is ready for conversion this permit shall become null and void. 3. If after three years the area is not ready for conversion, the applicant can request an extension for an additional three years, with the same review process. 4. Approval of the Rental Housing Inspector PREVIOUS COUNCIL ACTION: The City Council approved a moratorium on Interim Use Permits in Rl, Zoning Districts. This request falls outside of the moratorium and the application was received before the Moratorium was approved. BACKGROUND INFORMATION: The City Council approved an amendment to the Zoning Ordinance which allowed B2 property that is currently operating as a single family home to be converted to rental until the neighborhood is ready for transition to the new use. In August the City Council considered the first Interim Use for transitional neighborhoods. The approval included a three year permit that is renewed annually and can be extended for an additional three year period. The permit before the Council is in a different neighborhood and the findings for Council approval are similar to that which was approved in August. Additional Interim Use Permits, if any, in these two neighborhoods will coincide with the approval dates of the first permits so that the neighborhood can transition at one time. BUDGET/FISCAL IMPACT: ATTACHMENTS: Council Findings of Fact; Planning Commission material REQUESTED COUNCil ACTION: Authorize the Mayor and Administrator to execute the Fact of Findings issuing a conditional Interim Use Permit to Student Housing LLC for a rental unit at 30 Birch Street East. Resolution of finding The request of Dale Schneider for an Interim Use Permit request came before the Planning Commission at a public hearing held on October 1,2007. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow a rental unit in a B2 Zoning District. The property is legally described as E 11' of lot 5 and all of Lot 12 Block 13 and also E 11' of lot 5 Block 13, Townsite of St. Joseph, located at 30 Birch Street E. St. Joseph Code of Ordinances 52.32 Subd. 12(a) states: Interim Use Permit for Rental Units: Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. The request for Interim Use has been submitted by Student Housing LLC; St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the City Council makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a B2 Zoning District with the following contingencies: 1. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 2. The Planning Commission will review the license annually to determine if the area surrounding this property is ready for conversion to the business district. When the neighborhood is ready for . conversion this permit shall become null and void. 3. If after three years the area is not ready for conversion, the applicant can request an extension for an additional three years, with the same review process. 4. Approval of the Rental Housing Inspector ATTEST Alan Rassier, Mayor Judy Weyrens, Administrator Planning Commission Agenda. Item CITY OF ST. JOS":PR MEETING DATE: October 1, 2007 AGENDA ITEM: Interim Use Permit, Student Housing LLC 30 Birch Street East SUBMITTED BY: Administration STAFF RECOMMENDATION: Issue the Interim Permit as requested PREVIOUS PLANNING COMMISSION ACTION: In January of 2007 the Ordinance for B2 was modified to allow owner occupied rental units in the B2 Zoning District through the issuance of an Interim Use Permit. The Planning Commission and City Council considered the first Interim Use Permit in the B2 Zoning District in August of 2007. The final resolution of the City Council approving the Interim Use Permit included the following contingencies: 1. Approval of the Rental Housing Inspector 2. The Planning Commission will review the license annually assuring the property is maintained according to the St. Joseph Code of Ordinances. The license will be renewed on compliance. 3. The Interim Use Permit shall expire when the majori~y of property is redeveloped as commercial or within three years of October 1, 2011, whichever comes first. 4. If the area surrounding 30 Birch Street East is not ready for commercial development, Deutz may apply for a three year extension which will be subject to items 1 and 2 above BACKGROUND INFORMATION: 30 Birch Street East is currently zoned B2 and the property owner is requesting to secure an Interim Use Permit similar to that which was issue in August for a similar property. The property has been inspected and no repairs are indicated. ATTACHMENTS: Findings; Hearing Notice; Map Layout; Application REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council adopt the findings issuing a Special Use Permit to Michael Deutz to operate a rental property in a B2 Zoning District with the sited conditions. Resolution of finding The request of Student Housing LLC for an Interim Use Permit request came before the Planning Commission at a public hearing held on October 1,2007. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow a rental unit in a B2 Zoning District. The property is legally described as E 11' of Lot 5 and all of Lot 12 Block 13 and also E 11' of Lot 5 Block 13, Townsite of St. Joseph, located at 30 Birch Street E. St. Joseph Code of Ordinances 52.32 Subd. 12(a) states: Interim Use Permit for Rental Units: Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. The request for Interim Use has been submitted by Student Housing LLC, PO Box 637, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of st. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a B2 Zoning District with the following contingencies: 1. Approval of the Rental Housing Inspector. 2. The Planning Commission will review the license annually assuring the property is maintained according to the St. Joseph Code of Ordinances. The license will be renewed on compliance. 3. The Interim Use Permit shall expire when the majority of the property is redeveloped as commercial or within three years of October 1, 2011, whichever comes first. 4. If the area surrounding 30 Birch Street East is not ready for commercial development, Deutz may apply for a three year extension which will be subject to items 1 and 2 above. A TIEST Bob Loso, Planning Commission Chair Judy Weyrens, Administrator Judy Weyrens Administrdtor MdYor AI Rdssier Councilors Steve Frdnk Rick Schultz Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH wwwocityofstjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, October 1, 2007 at 7: 10 PM. The purpose of the hearing is to consider an Interim Use permit to allow a non owner occupied rental at 30 Birch Street E, legally described as E 11' of Lot 5 & all of Lot 12 Block 13 also E 11' of Lot 5 Block 13, Townsite of St. Joseph. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-l, Single Family Residential District. Student Housing LLC, PO Box 637, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator ~~ @ ~W";"'."'^:~W/"NNA"";'->'T~.....,,....mA~"'=""='-~;w..~=NN:~MN<'N,;_- ." ~', - 18\\~' U.~.3......a...........'.. II \ \\..,' ~ \ ,\ \ . ~ \ \ \ \---~--- '\ . ~-~ \----::~~~:.:---r-...- .. '\ _~L------- _""\. \ ' .. \ --- --~.,,------- '\ ') \ '\ ,.,....-\ \ '\ \ 1\ 2.)" College Avenue North, PO Box 668' Sdint Joseph. Minnesotd )"6)74 Phone )2.00")6")0]2.01 Fdx ")200")6")00")42 Data ViewOnline Map Page 1 of 1 30 Birch Street E ~G I~~ ~' 409 .; 2: 403 -~--.. .'-...... '-" .-........ -, ---.". "-.."...... '---, '~'-~ I I 454 "J.... .--.-..."-.--l,,--.. ~ !'ll---"-..----.--.________... ~----.._____.___....... I ~~ if '--r--- .-.~~--- ~/ 209 --~.--~ I , 207 -.~_~_ 402 11 .,;,- '0" "'" ~ii!W:iBl " .j: "",.' - ".'~ :~"i I ~\.:..: - jill, .O"Ret"'1$"\'\' ~e"'. ~ ~ 0'~In",75 ~' , ."...- --- .--- .- alRCH $T e. "-"" -.-- 206.J " "., . . . .._--- <:'.1 '>U ;:::.....---,4, 30, ___- _r.I'! '" __ \ 'i,!i\.~ r~- 123 ...J. ---,...--- \ '\ ---~- \ l _------ \ I I _--- \ i. " \ 1\\ 119..----'1\ 9' \ \. \ ----- I" \ \ 26 I 1-------115 ~ ~ 107"111' 121 105 '\ 118 \ \\ --.........:::::::::-., l'i\. 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I L I _ L--,--L . .... 134 ~- __, \ \ \ I, \ \19 ,15 'n-\. \ 13 ',~..:L---1 . ..",__MINNESOTAST E _ -- --" \. \31 \ 35 \ 25 \ \\..\ '\ \ \11, c----. ,/,"MINNESOTAST e"; -"T--"I,. rTT- \~; ~oo __--\ ' I ',\ 23 \ \ I .13J..- .-,' " ----l ~,<; r- I I I' 1 <", V-----c101. \, ~" \ \ l.jJ.-...!.-........ 121 ____",.,..--- 1 r 28 3"Kl 100 :108112116 1.20', 2.4 I Kl ~4 CdpYrl~t \ID> Eli ~003. ___.~L-----....-' 0 -. 3 3ft f-'9" i 20 l Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. ~l!l-r;!;~(il http://portal.sehinc.com/ data View/mapLayout.htm 9/20/2007 APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 RECEIVED SEP 1 7 2007 OF ST. JOSEPH STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: _6rcJZ>.bJ-r' du-:sx~(. t!.t.t!- PHONE: .-!?.:ilo-3tf,3-.s/9..s'..3 ADDRESS: ? 0 - Box. ;f 3c/ 31'. ~.:SL:Pl-l /-4J -.56'37c/ I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota, (Applicants have the responsibility of checking aU applicable ordinances pertaining to their application and complying with all ordinance requirements): 1. Application is herebXB~de for Interim Use Permit to conduct the following: 4J -r 7/w ~ LL.Z,.J 6 AT =s 0' "72!:!.:-tf ..::5'7'"' L. ..::fr, ..JO..5L..7>4 2. Legal description of land to be affected by application, including acrea.ge or square footage of land involved, and street address, if any (attach additional sheetif necessary): ..5L..L A. -rrAC.-f/.c::z;. t!Q r..z:.F..rc.4 rilE. o.f .5u-e.vi-y 3. Present zoning of the above described property is: ;J...:Eb fi.cJ A-'; '7 s &...s..:r: ~ LSS' 4. Name and address of the present owner of the above described,property is: ~CZ:M;t. C V Ld r <L- -p.o.Bo<' C3r,f ..6T. .JQsL-:Pd, ,/1//...) .s-.b37~ 5. Is the proposed use compatible with present and future land uses of the area? Please explain: j 6 ,.:z::.T'~ t1.c>.<,.:5::t::::.:t;r'e.~ 7 0..:z:r;'-/ ,J e:....:z:~HBo~..s 6 ~ i5c/'TI ..:::S:z::bL"::::., 6. Will the pr posed use depreciate the area in which it is proposed? Please explain: Or .:z::r!s {}o~.s=.s7-;1:,J-{ v-J.::z=.rH 't..L~,tl J b tI..s-L-:z::J ..r:r..:S ~ r 7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain: '-/L...:5 i Irs eo~.5.:r.::5""'ctoJ.,- vU..;:::.rr-!..:rr$ eo"ei?iJJTU.:S~-' 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: y ~.5, r.,.5'. {! o,J.6:z::.s ,... L.~ 7"' oJ..:r..rff .:rr oS C!.. cJ i?:e. uJ r t/ ~ . Attached to this application and made a part thereof are ther material submission data requirements, as indicated. Owner Signature: Date: 9-.5'-D I F-s-07 Applicant Signature: Date: FOR OFFICE USE ONLY DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Action: _ Recommend Approval ~ Recommend Disapproval Date of Action: Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: _ Approved _ Disapproved Date of Action: Date Applicant/Property Owner notified of City Council Action: Council Agenda Item '?Xl. em' OF liT. JC)$I<,PH MEETING DATE: October 18, 2007 AGENDA ITEM: Donations - Accept the following donations: Anonymous (camping/disc golf) - $ 714.09; St. Joseph Lions (Dugouts) - $ 2,000; Rick Schultz (12 basketballs) $ 120.00. SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Minnesota Statute 465.04 authorizes and empowers cities to receive and accept gifts and donations for the use and benefit of the city and the inhabitants thereof upon terms and conditions to be approved by the governing bodies of the city. Cities are authorized to comply with and perform such terms and conditions of the donation. Minnesota Statute 465.03 states the acceptance shall be by resolution of the city adopted by a 2/3 majority of its members, expressing such terms in full. Attached is a list of donations received by the city and a description of what the donation is intended to be used for. By accepting these donations, the city is accepting the intent ofthe donations also. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Donations list REQUESTED COUNCIL ACTION: Accept the following donations: Anonymous (camping/disc golf) - $ 714.09; S1. Joseph Lions (Dugouts) - $ 2,000; Rick Schultz (12 basketballs) $ 120.00. Donor Anonymous Anonymous S1. Joseph Lions Rick Schulz City of St. Joseph, Minnesota Donations Received As of September 30, 2007 Item Cash Cash Cash 12 Basketballs Purpose Disc Golf Millstream Camping Memorial Park Dugouts Playgrounds Value $ 223.09 $ 491.00 $ 2,000.00 $ 120.00 Council Agenda Item 3e Crn'QFST.JOS..;PH MEETING DATE: October 18, 2007 AGENDA ITEM: Report Financial Report; Accept the September 2007 and 3rd Quarter Financial SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: With the September 2007 reconciled cash/investment the 3rd Quarter is finished. The attached material shows the budget to actual position for Council review for both the September 2007 and the 3rd Quarter. BUDGETIFISCAL IMPACT: None ATTACHMENTS: September Financial Reports; 3rd Quarter Financial Reports REQUESTED COUNCIL ACTION: Accept the September and 3rd Quarter financial reports as presented. CITY OF ST JOSEPH 10/12/078:22 AM Page 1 Cash and Investment- Council Report Current Period: September 2007 Current FUND FUND Descr Begin Yr ' MTD Debit MTD Credit Balance 101 General $629,699,92 $67,646,10 $152,614,63 $333,567,16 105 Fire Fund $428,731,73 $43,229,67 $12,710.49 $520,850,84 106 Street Maintenanc -$117,187,94 $0,00 $0.00 -$117,187,94 108 Cable Access Fee $6,101.22 $0.00 $0.00 $8,366,50 150 Economic Develop $65,213.21 $194.10 $2,239.67 $39,060.46 155 TIF 1-3 Borgert (S $4,255.80 $16,61 $0.00 $4,529,37 156 TIF 1-4 St. Joe De $33,794.48 $134.07 $0.00 $36,557.90 157 TIF 2-1 Millstream' $0.00 $40.18 $0.00 $10,955,68 200 State Collected Sal $143,544.24 $29,656,22 $0.00 $309,739.14 205 Park Dedication $149,261.98 $353.36 $9,777.21 $63,424.61 210 Recreation Center $43,989.71 $166.49 $0.00 $45,396,89 225 DARE $373.67 $0.00 $0.00 $373.67 230 Lake Wobegon Tra -$10,007,08 $0.00 $0.00 -$10,007,08 232 City Beautification- -$58,940.89 $0,00 $0.00 -$58,940.89 250 Revolving Loan Fu $48,020,66 $181.75 $0.00 $49,556.79 307 2004 Equipment C -$1,344,64 $138.79 $0.00 $33,372.15 317 Fire Facility, 1997 $7,745.03 $598.22 $1,196.44 $7,683.99 319 98 Street Improve $215,950.49 $830.55 $0.00 $226,465.44 321 Joseph Street Impr $291,460.29 $1,211.08 $0.00 $330,221.71 322 City Hall Refunded, -$14,891.73 $2,291.77 $0.00 $6,162,57 322 City Hall Refunded, $619,535.98 $0.00 $0.00 $619,535.98 323 2004 Improvement $258,190.70 $987.92 $0.00 $269,373.38 324 Northland V Improv $122,120.00 $553.87 $0.00 $126,801.24 325 2002 Street Improv $949,588.00 $3,623.84 $0.00 $1,096,229.75 327 2002 Equipment C $48,662.05 $221.03 $0.00 $60,263,92 328 2003 Liberty Pointe $657,739,68 $2,307.46 $0.00 $674,777.96 329 2003 Maintenance -$5,102.26 $0.00 $0.00 $11,929.68 331 2003 Refunding Fir $98,214.50 $1,785.99 $598.22 $153,067,50 332 2003 Cross Over ( $251,940.20 $1,015.13 $0.00 $276,792,25 333 2005 Improve (Hill/ $502,502.36 $2,375.40 $0.00 $618,244.68 335 Northland Heights/ $836,876.38 $6,548,72 $0.00 $999,584.03 337 2006 Equipment C $7,041.39 $7,57 $0.00 $34,414.64 338 2006 Interior St 1m $473,358.12 $49,472.74 $0.00 $568,695.64 340 2006 8th Ave Impr $38,450.40 $0.00 $51,521.60 $38,450,40 341 2007 St Imprv-E Si $0.00 $38,125.61 $0.00 $105,874.00 425 2002 Street Improv -$24,105.87 $0.00 $320,620.98 -$428,746.21 428 2003 Street Improv -$45,606.52 $0.00 $0.00 -$45,606.52 429 Maintenance Facilit -$123,288.37 $0.00 $0.00 -$123,288.37 430 2004 Improvement $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 C $5,079.27 $0,00 $0.00 $4,472.38 433 2005 Improvement $570,609.82 $0.00 $157.85 $532,003.40 435 Northland Heights/ $869,331.04 $0.00 $6,938.45 $779,104,89 437 2006 Equipment C -$11,382.95 $0.00 $0.00 -$32,349.61 438 2006 Interior St 1m $689,268.26 $0.00 $2,490.78 $453,446,46 439 EDA Crossover 20 -$403,00 $0.00 $0.00 -$806.00 440 2006 8th Ave Impr -$137,972.47 $0.00 $5,448.56 -$157,719.73 441 2007 Street Impr (J $0.00 $5,448.56 $241,977.66 $2,220,372.57 490 Capital Outlay $424,291.04 $0,00 $590.00 $411,963.26 501 Utility Extension - $1,627,249.81 $10,406.58 $0.00 $2,224,766.02 502 Utility Extension - $0.00 $3,444.40 $0.00 $3,444,40 601 Water Fund $3,060,486.77 $28,744.42 $145,366.52 $1,515,477.86 602 Sewer Fund $953,974,70 $11,970,58 $30,605.96 $1,102,123.44 603 Refuse Collection $328,102.32 $10,704.85 $21,921.05 $266,891.82 651 Storm Water Utility $116,535.90 $3,697.91 $1,432.95 $343,810.74 $14,571,508.15 $16,085,054.67 CITY OF ST JOSEPH Council Month End Revenue Summary Current Period: September 2007 2007 2007 YTD September 2007 2007 YTD %of FUND FUND Descr 2007 ~mt YTD Amt Balance 101 General $2,227,145.00 $67,710.22 $1,269,826.67 $957,318.33 57.02% 105 Fire Fund $249,023.00 $44,525.95 $195,877.02 $53,145.98 78.66% 108 Cable Access Fee $0.00 $0.00 $9,128.70 -$9,128.70 0.00% 150 Economic Development $0.00 $251.59 $3,835.33 -$3,835.33 0.00% 155 TIF 1-3 Borgert (SKN) $0.00 $27.62 $12,012.39 -$12,012.39 0.00% 156 TIF 1-4 St. Joe Development $0.00 $222.93 $29,939.20 -$29,939.20 0.00% 157 TIF 2-1 Millstream $0.00 $66.81 $11,066.81 -$11,066.81 0.00% 200 State Collected Sales Tax $0.00 $30,339.55 $118,678.77 -$118,678.77 0.00% 205 Park Dedication $0.00 $445.89 $4,716.51 -$4,716.51 0.00% 210 Recreation Center $0.00 $276.84 $1,708.60 -$1,708.60 0.00% 250 Revolving Loan Fund $0.00 $302.21 $1,865.10 -$1,865.10 0.00% 307 2004 Equipment Certificates $0.00 $230.78 $36,292.04 -$36,292.04 0.00% 319 98 Street Improvement $0.00 $1,381.04 $19,260.19 -$19,260.19 0.00% 321 Joseph Street Improvement $0.00 $2,013.78 $59,362.31 -$59,362.31 0.00% 322 City Hall Refunded, 2005 $0.00 $3,810.75 $43,738.56 -$43,738.56 0.00% 323 2004 Improvements/Northland $0.00 $1,642.71 $18,855.56 -$18,855.56 0.00% 324 Northland V Improvement $0.00 $920.97 $5,683.95 -$5,683.95 0.00% 325 2002 Street Improvement $0.00 $6,025.71 $203,926.49 -$203.,926.49 0.00% 327 2002 Equipment Certificates $0.00 $367.52 $11,246.90 -$11,246.90 0.00% 328 2003 Liberty Pointe Street Imp $0.00 $3,836.84 $23,826.00 -$23,826.00 0.00% 329 2003 Maintenance Facility $0.00 $0.00 $29,038.85 -$29,038.85 0.00% 331 2003 Refunding Fire Hall $75,073.00 $1,578.52 $71,440.45 $3,632.55 95.16% 332 2003 Cross Over (93 Streets) $0.00 $1,687.95 $31,606.52 -$31,606.52 0.00% 333 2005 Improve (HiIl/Clover) $0.00 $3,949.81 $149,658.23 -$149,658.23 0.00% 335 Northland Heights/Trans Corri $0.00 $65,759.21 $228,030.24 -$228,030.24 0.00% 337 2006 Equipment Certificate $0.00 $12.59 $31,761.09 -$31,761.09 0.00% 338 2006 Interior St Improvements $0.00 $51,851.88 $151,118.64 -$151,118.64 0.00% 341 2007 St Imprv-E Side/Jade/8 $0.00 $44,133.10 $159,894.93 -$159,894.93 0.00% 441 2007 Street Impr (Jade Rd/E $0.00 $0.00 $2,781,895.00 -$2,781,895.00 0.00% 501 Utility Extension - Water $0.00 $13,526.09 $592,572.35 -$592,572.35 0.00% 502 Utility Extension - Sewer $0.00 $5,727.34 $5,727.34 -$5,727.34 0.00% 601 Water Fund $390,100.00 $32,585.67 $331,682.61 $58,417.39 85.03% 602 Sewer Fund $0.00 $14,552.93 $153,809.38 -$153,809.38 0.00% 603 Refuse Collection $232,000.00 $11,255.01 $149,305.55 $82,694.45 64.36% 651 Storm Water Utility $0.00 $4,531.19 $218,720.07 -$218,720.07 0.00% $3,173,341.00 $415,551.00 $7,167,108.35 -$3,993,767.35 225.85% 10/12/078:23 AM Page 1 a; m.g' - ::s Om III Ol GI c E :S ._ III :E~b ~~@ c.-gg GI::s_ IIlLLm o >. a "").0", .oJl{l<( rJ)o _c O..!ll ~8J u-5i III () c~ 'jij "" E Gl It:: ?fl. 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(/) co ;;; ~ N m <D <l!- ce <0 ~ 10 10 o .0 co o cD ~ ~ City of St. Joseph, Minnesota Cash Position As of 9/30/07 First State Bank Maturity Date Interest Current Balance # Securities % of Total Checking Account N/A 0.5% $ (209,531) N/A Money Market Savings N/A 3.82% 3,112,282 N/A Brokered Certificates of Deposit Tiered 5-68 months 4.74% avg 5,902,030 14 averages 27 months 3.02% avg Total FSB $ 8,804,781 55% Central MN Federal Credit Union Share Savings Account N/A 0% $ 5 N/A Money Market Savings N/A 1.03% 12 N/A Power Money Market Checking N/A 4.00% 1,020,226 N/A Jumbo Bank Certificates of Deposit Tiered 8-60 months 4.74% avg 3,422,439 9 averages 31 months 4.37% avg Total CMFCU $ 4,442,681 28% Total Deposits $ 13,247,462 Salomon Smith Barnev Brokered Money Market Savings N/A 4.86% $ 6,782 N/A Government Securities/Notes Tiered 26-83 months 4.81% avg 916,377 7 Brokered Certificates of Deposit Tiered 6-120 months 4.93% avg 1,010,178 11 averages 76 months 4.88% avg Total SSB $ 1,933,338 Northland Securities Brokered Money Market Savings N/A 3.90% $ N/A Brokered Certificates of Deposit Tiered 12-24 months 5.02% avg 284,718 3 averages 16 months 3.02% avg Total NS $ 284,718 Cash Held in Escrow (Citv Hall Refundina Bond\ $ 619,536 Total Investments $ 2,837,592 Total Deposits and Investments Cf< '16;I)"S5;05S' Average Interest APY 3.82% Petty Cash Administration N/A N/A $ 200 Police Department N/A N/A 75 Total Petty Cash $ 275 12% 2% 4% Custodial Credit Risk: All deposits and investments insured by FDIC/SPIC or secured by pledged collateral. Interest Rate Risk: The City is not exposed to interest rate risk because the City does not invest in highly sensitive, interest fluctuating investments. The City attempts to purchase longer tenned investments when the interest rates are favorable and depending on cash flow needs. Credit Risk: The only investments rated are the govemment securities/notes. They are rated AAA by S&P. Concentration of Credit Risk: The City invests in various instruments and several financial institutions. The percent of investment type in comparison to the total portfolio exceeds 5% in FHLB, FNMNA, FHLMC and statellocal govemment securities. Brokered Money Markets $ Brokered Certificates of Deposit $ Government Bonds/Notes $ State/Local Government Securities $ Foreian Currencv Risk: The City only invests in USA and USA territories. 6,782 1,294,897 916,377 619,536 0% 46% 32% 22% CITY OF llT. JOS":PR Council Agenda Item 5 MEETING DATE: October 18, 2007 AGENDA ITEM: Monte Eastvold, Bond Sale SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Monte Eastvold appeared before the Council in September to present the Council with refunding opportunities. At that meeting the Council authorized the negotiated bond sale to refinance the 1998 General Obligation Bonds and the 1998 Improvement Bond. Refunding both these issues will save the City in interest costs. BACKGROUND INFORMATION: As stated at the meeting in September, Northland Securities is the Bond Advisorfor the City. As such Monte Eastvold monitors the debt ofthe City and recommends opportunities such as this refunding. BUDGET/FISCAL IMPACT: Savings of over $ 25,000 in interest expenses. ATTACHMENTS: Resolution 2007-041'providing for the issuance of $ 980,000 in General Obligation Improvement Refunding Bonds, Series 2007 B and Pledging For the Security Thereof, Special Assessments and Levying a Tax for Payment Thereof. REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute resolution 2007- 041 a Resolution providing for the issuance of $ 980,000 in Refunding Debt. Resolution 2007-041 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $980,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2007B AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of St. Joseph, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a current refunding of the City's $545,000 original principal amount of General Obligation Improvement Bonds of 1998 dated November 1, 1998 (the "1998 Improvement Bonds") and $1,330,000 original principal amount of General Obligation Improvement Bonds of 1999, dated October 1, 1999 (the "1999 Improvement Bonds" and, together with the 1998 Improvement Bonds, the "Prior Bonds") which mature on and after December 1, 2008; and B. WHEREAS, $265,000 principal amount of the 1998 Improvement Bonds and $740,000 principal amount of the 1999 Improvement Bonds which mature on and after December 1,2008, are callable on December 1,2007, the next interest payment date, at a price of par plus accrued interest, as provided in the Resolutions of the City Council, adopted on November 5, 1998, authorizing the issuance of the 1998 Improvement Bonds and on September 30, 1999, authorizing the issuance ofthe 1999 Improvement Bonds (together, the "Prior Resolutions"); and C. WHEREAS, the refunding on December 1,2007, of the Prior Bonds maturing on and after December 1, 2008 (the "Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $980,000 General Obligation Improvement Refunding Bonds, Series 2007B, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and E. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve calendar months of the date hereof which when combined with this issue would exceed the $1,200,000 limitation on negotiated sales as required by Minnesota Statutes, Section 475.60, Subdivision 2(2); and F. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of S1. Joseph, Minnesota, as follows: 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 2090729vl 2. Bond Terms. (a) Original Issue Date: Denominations: Maturities. The Bonds shall be dated November 1,2007, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on December 1 in the years and amounts as follows: Year Amount Year Amount 2008 2012 2009 2013 2010 2014 2011 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee ofthe existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records ofthe Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records ofthe Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any 2090729vl 2 Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds.n 2090729vl 3 (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation ofthe reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph ' 10. 2090729vl 4 (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 1, 2Q08, calculated on the basis ofa 360-day year oftwe1ve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2008 2009 2010 2011 2012 2013 2014 5. . No Redemption. The Bonds are not subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA STEARNS COUNTY CITY OF ST. JOSEPH R- $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2007B Interest Rate Maturity Date Date of Original Issue CUSIP 2090729vl 5 December l, November l, 2007 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: The City of St. Joseph, Steams County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, without option of prepayment, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June l, 2008, at the rate per annum specified above (calculated on the basis of a 360~day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any suceessor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name ofthe Depository or its Nominee. No Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of$980,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on October 15,2007 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds of 2090729vl 6 1998, dated November 1, 1998 and General Obligation Improvement Bonds of 1999, dated October 1, 1999, which mature on and after December 1,2008. This Bond is payable out of the General Obligation Improvement Refunding Bonds, Series 2007B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith. and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations~ Exchange~ Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereofto the Bond Registrar, all subjectto the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 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 happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this 2090729vl 7 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 2090729vl AMOUNT 10 AUTHORIZED SIGNATURE OF HOLDER 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of November 1, 2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office ofthe Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2090729vl 11 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Improvement Refunding Bonds, Series 2007B Fund" 2090729vl 12 (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account". (a) Payment Account. The proceeds ofthe Bonds, less accrued interest shall be deposited in the Payment Account. On or prior to December 1,2007, the Finance Director shall transfer (i) $ of the proceeds of the Bonds from the Payment Account to the paying agent for the 1998 Improvement Bonds and (ii) $ of the proceeds ofthe Bonds from the Payment Account to the paying agent for the 1999 Improvement Bonds, which slih'ls are sufficient, together with other funds 011 deposit in debt service funds for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due after December 1, 2007, including the principal of the Refunded Bonds called for redemption on that date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining after December 1, 2007, in the Prior Bonds Debt Service Accounts created by the Prior Resolutions; (3) any uncollected special assessments which were heretofore pledged for the payment ofthe Refunded Bonds and are herein pledged to the payment of the Bonds; (4) all investment earnings on funds in the Debt Service Account; (5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all other moneys which are properly available and are appropriated by the governing body ofthe City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 2090729vl 13 16. Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolutions, which have been pledged to the payment of the principal and interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Bonds. The balance of the special assessments shall be payable in equal, consecutive, annual installments with general taxes for the years shown below and with interest on the declining balance of all such installments as follows: Improvement Designations Levy Years Collection Years Amount Rate (Prior 1998 Bonds) Street (PriorJ998 Bonds) 90-91st St. (Prior 1999 Bonds) Joseph St. (Prior 1999 Bonds) Business Park (Prior 1999 Bonds) Northland Drive/6th Ave. NE 2007-2012 2007-2012 2007-2013 2007-2013 2007-2013 2008-2013 2008-2013 2008-2014 2008-2014 2008-2014 17. Tax Levy: Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2007-2013 2008-2014 $ The tax levies are such that if collected in full they, together with estimated collections of special assessments herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Refunded Bonds, the taxes levied by the Prior 1998 Resolution in the years 2007 through 2012 for collection in the years 2008 through 2013 shall be canceled. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds: Security. Until retirement ofthe Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. 20. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on December 1, 2007, in accordance with the terms and conditions set forth in the 2090729vl 14 Notices of Call for Redemption attached hereto as Exhibits A and B, which terms and conditions are hereby approved and incorporated herein by reference. 21. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations \Vithrespect toany Bonds, subject to the provisions of la\Vnow or hereafter authorizing and regulating such action., by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes,. Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, ifnotice of redemption as herein required has been duly provided for, to such earlier redemption date. 22. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Steams County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States ifthe Bonds (together with other obligations reasonably expected to 2090729vl 15 be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) - ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. Furthermore: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the.outstanding amount of the refunded bond; (t) the aggregate face amount ofthe Bonds does not exceed $5,000,000; (g) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Bonds does not exceed the average maturity of the Refunded Bonds; and (i) no part of the Bonds has a maturity date which is later than the date which is thirty years after the dates the Refunded Bonds were issued. 26. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: the Bonds are issued after August 7, 1986; (a) (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; 2090729vl 16 ( c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 50l(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2007 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by the Purchaser. 28. Supplemental Resolution. The Prior Resolutions authorizing the issuance of the Prior Bonds are hereby supplemented to the extent necessary to give effect to the provisions hereof. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headings. Headings in this resolution are included for convenience of reference . only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2090729vl 17 STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH I, the undersigned, being the duly qualified Administrator of the City ofS1. Joseph, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $980,000 General Obligation Improvement Refunding Bonds, Series 20078. WITNESS my hand on , 2007. Administrator 2090729vl 18 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order ofthe City Council ofthe City of St. Joseph, Steams County, Minnesota, there have been called for redemption and prepayment on December 1, 2007 those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1998, dated as of November 1, 1998, having stated maturity dates in the years 2008 through 2013, inclusive, and totaling $265,000 in principal inprincipal amount and having CUSIP numbers listed below: Year CUSIP Year CUSIP 2008 2009 2010 2011 2012 2013 The bonds are being called at a price of par plus accrued interest to December 1, 2007, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: October 18, 2007 BY ORDER OF THE CITY COUNCIL /s/ . Administrator *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 1707290vl A-I EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City ofSt. Joseph, Stearns County, Minnesota, there have been called for redemption and prepayment on December 1, 2007 those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1999 dated as of October 1, 1999, having stated maturity dates in the years 2008 through 2014, inclusive, and totaling $740,000 in principal in principal amount and having CUSIP numbers listed below: Year CUSIP Year CUSIP 2008 2012 2009 2013 2010 2014 2011 The bonds are being called at a price of par plus accrued interest to December 1, 2007, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: October 18, 2007 BY ORDER OF THE CITY COUNCIL /s/ , Administrator *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 1707290vl A-I Cl'I'V Of ST. JOS":PR Council Agenda Item to a MEETING DATE: October 18, 2007 AGENDA ITEM: Investment Policy Update/Approval SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: The last time the Council updated the investment policy was 2004 (see attached) at which time the policy was amended to allow investment at the Credit Union. The current investment committee is comprised of Ken Twit (resident with strong financial background), Duane Sorenson (former bank president and broker) and the Administrator. The Committee has been used when a policy decision has been needed. Otherwise, all investments of the City follow the adopted policy. BACKGROUND INFORMATION: Minnesota Statute 118A allows local governments maintain a deposit and investment program with specific guidelines of an appropriate cash and investment portfolio. The Governmental Accounting Standards Board (GASB) issued statements 3, 31 and 40 to provide guidance in financial statement presentation and disclosures of public deposits and investments. Included in GASB statement 40 are updated disclosure requirements relating to credit and interest rate risks beginning with December 31,2006 audited financial statements. KDV, the City's independent external auditors, provided a management recommendation (see attached extract) to revise the existing investment policy to comply with the current GASB statements last year. The Office of the State Auditor also published a Statement of Position for municipalities to update their policies to address the various investment risks and provide guidance for investment management and internal controls. To comply with new laws and regulations, I am recommending the City Council adopt the attached Investment Policy draft. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Proposed Investment Policy, Current Investment Policy, Extract of 2006 Management Letter, KDV REQUESTED COUNCIL ACTION: Adopt the Investment Policy as presented. diJ(}t? &';"'fJ cf ~ /. / _ // /l?aJ1a1~ e/J r~pte/ KfJv Audtr CITY OF ST. JOSEPH Stearns County, Minnesota RECOMMENDATIONS FOR MANAGEMENT December 31, 2006 CONSIDER CREATING A CLOSED DEBT SERVICE FUND The City currently utilizes debt service funds to accumulate resources for the payment of bonded debt principal and interest payments. Upon maturity, cities typically have residual funds remaining that are no longer obligated for debt payments. When the fund officially closes, many cities transfer the residual funds to a "closed debt service fund." The purpose of the fund is to provide resources for debt service funds that may be running into a deficit or for debt related Capital Projects Funds. The City Council currently has General Fund balance designated -for "debt service relief". This was established by City Council resolution for this purpose. The City also has Debt Service Funds that have a residual balance and the debt has matured. We recommend the City Council establish a closed Debt Service Fund and transfer the general designated fund balance to this Fund. We also recommend upon debt maturity, residual funds from such Debt Service Funds be closed to this Fund. STATEMENTS OF AUDITING STANDARDS (STANDARDS) NOS. 104-111 In March 2006, the Auditing Standards Board (ASB) issued Statements of Auditing Standards (Standards) Nos. 104-111 that provide extensive guidance concerning the auditors' assessment of the risks of material misstatement in a financial statement audit and the design and performance of audit procedures whose nature, timing and extent are in response to the identified assessed risks. Additionally, the Standards establish standards and provide guidance on planning and supervision, the nature of.audit evide?-~e and evaluating. whether the aud~t evide?-ce obtained provides a reasonable basls for an oplmon on the financlal statements bemg audlted. These Standards will be effective for audits of financial statements for periods beginning on or after December 15,2006. Audit teams will be performing additional procedures to gain a more in-depth understanding of the City's environment, including its internal control. This will involve evaluating the design of the controls and determining those controls have been implemented. The audit procedures performed to obtain the necessary understanding are called "risk assessment procedures" and require more than simple inquiries of management. The Standards specifically call for inquiries of management and other personnel, analytical procedures and observation and inspection. The procedures also involve discussions among the audit team to determine whether the potential exists for misstatements. These Stanaards also expand the documentation requirements for auditors. In summary, these Standards will result in a substantial change in audit practice. The Standards will strengthen the auditors' understanding of the City and its environment, including its internal control, to identify the risks of material misstatement in the financial statements and determine what the entity is doing to mitigate those risks. Auditors will identify assessed risks based on the understanding obtained. There will be an improved correlation between those assessed risks and the nature, timing and extent of audit procedures performed in response to those risks. 13 em OF ST+JOS~~PR P.O. Box 668 St. Joseph, MN 56374-0668 Office: 320-363-7201 Fax: 320-363-0342 ;J:~~::t~~r .~:,'/, ITV OF S;~'i?~EPH, INN Es:ITA $:~P' ( 1 ) Governinl!: Authoritv: The investment program shall be operated in conformance with federal, state, and other legal requirements. Purpose: The purpose of this policy is to establish the specific guidelines for the investment of all public funds of the City of St. Joseph, Minnesota. This policy is designed to ensure the prudent management of public funds, the availability of operating the capital funds when needed, and an investment retur ' mmensurate with the City's investment risk constraints and cash flow characteristics of the portfoli .' e the responsibility of the City Council to appoint an Investment Committee to direct the Admini and Finance Director to invest City funds in order to attain a market rate of return while presery' tecting the capital of the overall portfolio. Investments will be made based on statutory constr risk instruments. Scope: This policy applies to all financial assets of the City of St. Jos are created to accommodate reporting on certain bond~/ using a pooled approach for efficiency and maximum invest Director under the direction of the Investment Committee is res custody of the City. The City's funds are defined in the City's Audit following funds: ~ General fund ~ Special Revenue funds ~ Debt Service funds ~ Capital Project funds ~ Enterprise funds ~ Any new funds cr < lIy exempted by the City Council through resolution. :'~pecial funds, the City will consolidate cash s. ,{ vestment income will be allocated to the various rdance with U.S. generally accepted accounting Ob'e ,'} The objec These funds w. determined tha blish s~> 'dards for governing the investment of the funds of the City. ance with this policy and Minnesota Statute g118A. The City has ested based on the following three objectives: ~ afety of principal is the foremost objective ofthe City. Each investment irst to insure that capital losses are minimized. To attain this objective, diversification is quired in order that losses on individual securities do not exceed the income within the entire portfolio. The objective will be to mitigate the following risks: * Credit Risk: The risk of loss due to the failure of the security issuer or backer, by: · Limiting investments to the types of securities listed under this policy. . Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business as designated by Council and are qualified as stated under this policy. ( 2 ) . Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from anyone individual issuer will be minimized. The Investment Officers must disclose the credit quality ratings as of the date of the financial statements. If there is not credit rating, this fact must be disclosed in the audited financial statements. U.S. government obligations or obligations explicitly guaranteed by the U.S. government are exempt from this requirement. * Custodial Credit Risk: The City will not hold deposits or investments that are uninsured or uncollateralized, are not registered in the name of the City and held either by the City's broker/financial institution or trust department but not in the Ci name. The Finance Director will ensure proper insurance or collateral is maintain &+Ie posits and investments at all times. The Finance Director will obtain acknowledgement form from all investment institutions in January of each year. * Concentration of Credit Risk: This risk is the risk of 10 City'S investments in a single issuer. The City will ' risk below 5% of the total investments when of credit risk exceeds 5%, this fact must be loss of the public funds. * Interest Rate Risk: The City will minimiz n value of securities in the portfolio will fall due t use the weighted average maturity to evaluate int are made by the City: · Structuring the investm requirements for ongoin the open market prior to . Investing operating funds p funds 'ar investment . In unds in longei rm securities if the market rate is favorable to st earnings 0 e funds. s risk refers to t ~s'k that changes in exchange rates will adversely ent or ,) sit. Deposits and investments held in foreign IS ,'~fi~ u.s. dollar. The City will not hold deposits and ncial instlt ions or brokers. the magnitude of the ncentration of credit the concentration sociated risk of a re to meet cash e need to sell securities on * acco meet a anticipate (dynamic liq' funds or local go \ L','i'. ATE L1' , ;rY - The portfolio will remain sufficiently liquid to enable the d capi~i3.'requirements that might be reasonably anticipated. This is ,u the portfolio so that securities mature concurrent with cash needs to tatic liquidity). Furthermore, since all possible cash demands cannot be ould consist largely of securities with active secondary or resale markets natively, a portion of the portfolio may be placed in money market mutual >Yent investment pools, which offer same-day liquidity. > ,t~<J' ~ MAXIMIZATION OF RETURN ON INVESTMENT (YiElD) - The investment portfolio shall be designed with the objective of attaining a market-average rate of return through budgetary and economic cycles, taking into account the constraints on risk and cash flow characteristics of the investment portfolio and prudent investment principles. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall generally be held until maturity with the following exceptions: * A security with declining credit may be sold early to minimize loss of principal. ( 3 ) * A security swap would improve the quality, yield, or target duration in the portfolio. * Liquidity needs of the portfolio require that the security be sold. Following the satisfaction of liquidity and maturity needs, the balance of the funds available for investment will be placed with institutions that offer the highest rate of return consistent with preservation of principal. ~ LOCAL CONSIDERATION - Subject to requirements of the above objectives, it is the policy of the City of St. Joseph to offer financial institutions within the City of St. Joseph th portunity to bid on investments; however, the City of St. Joseph will seek competitive inv ";iVields. Standards of Care: PRUDENCE - Investments shall be made with judgment and care, und persons of prudence, discretion and intelligence exercise in the ma speculation, but for investment, considering the probable safe to be derived. The standard of prudence to be used by inve and/or "prudent investor" standard and shall be applied' Investment Officers acting in accordance with this policy an diligence, shall be relieved of personal responsibility for an indi changes, provided deviations from expectations are reported in a taken to control adverse developments. then prevailing, which n affairs, not for e probable income nt person" folio. Statue ~118A a xercising due credit risk or market price fashion and appropriate action is ..,>~x> ;'employee involved in the could c9;' lict with proper execution and 'bility to make impartial decisions. ions that could be related to the fficers sh 'I refrain from undertaking personal ,h business is conducted on behalf ofthe City. " r and Fin e Director are designated by City Council under and are responsible for investment management investme transactions resides with the City Council of the City of stme"nt Committee to oversee the City's investment program. The , A r shall "?i:f'and maintain written administrative procedures and internal vestme.,,:program, monitoring diversification and risk as well as a system f subordinate officials. Procedures should include references to: t, investment accounting, repurchase agreements, wire transfer ryagreements. No person may engage in an investment transaction s of this policy and procedures established by the Investment Committee Financial Institutions and Safekeeping: AUTHORIZED BROKERS/DEALERS AND FINANCIAL INSTITUTIONS - The Finance Director will maintain a list of financial institutions authorized to provide investment services. The Council shall authorize the Investment Committee to exercise the powers of the Council in designating a depository of the funds. In selecting depositories, the credit worthiness of the institutions under consideration shall be examined by the Administrator and Finance Director. ( 4 ) All financial institutions selected as official depositories shall be in good standing with FDIC or NCUA. All City investments with such financial institutions shall be covered by SIPC, NCUA or collateralized at 110%. Only approved security broker/dealers selected by creditworthiness shall be utilized (minimum capital requirement of $7,500,000 and at least seven years in operation). They must be authorized to provide investment services in the State of Minnesota. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule.) All financial institutions and broker/dealers who desire to become qualified bidd transactions must supply the Finance Director, upon request, with annual au of National Association of Security Dealers (NASD) certification, proof of St completed broker/dealer questionnaire for firms who are not major re certification of having read the City's investment policy. AUTHORIZED AND SUITABLE INVESTMENTS- taken to ensure that the list of instruments inclu managers are trained and competent to handle. municipalities. The City of S1. Joseph is authorized t Statutes. Furthermore, no on instrument wi ' investment portfolio as dic, ,sota Statutes. c . e, special care must be those that local investment 118A I" all permissible investments for ,~y., nts as permitted by Minnesota um percentage allowed for the The City will give preference to local financial institutions. BROKER REPRESENTATIONS - Municipalities must obtai future investments. Minnesota Statutes 9118.04, subd. re information regarding the municipality's investment restriction and Certification by Broker {pursuant to Minnesota Statute 9118A. ~t;fk ",,/. GFOA Policy St~:~~g)ent on State and Local Laws Concerning will be pe w:C"itted by this policy and are those defined by state ry the ful ith and credit guarantee ofthe United States ,e th~ most secure instruments available 'fality obligations that have a liquid market with a readily .f:;.- ~ Cert . her e\iidences of deposit at financial institutions ~ CDARS' ~ Bankers' a ~ Commercial p ,v;:fn the highest tier by a nationally recognized rating agency ~ Investment-graations of state, provincial and local governments and public authorities ~ Repurchase agrellt,ents whose underlying purchased securities consist ofthe aforementioned instruments ~ Money market mutual funds regulated by the Securities and Exchanges Commission and whose portfolios consist only of dollar-denominated securities ~ Local government investment pools either state-administered or developed through joint powers statutes and other intergovernmental agreement legislation Investment in derivatives of the above instruments shall require authorization by the Council. ( 5 ) DELIVERY VS. PAYMENT - All trades of marketable securities will be executed by delivery versus payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. SAFEKEEPING - Securities will be held by the City itself or an independent third-party custodian as evidenced by safekeeping receipts in the City's name. Securities purchased will be retained at the institution where the securities are purchased in the City's name. Certificates will be held at the City or at the financial institution in the City's name. All securities should be a risk category one according to the Governmental Accounting Standard NO.3. W a Broker/Dealer holds investments purchased by the City of St. Joseph, Minnesota in safekeeping, t . o' iDealer must provide asset protection of $500,000 through the Securities Investor Protector Cor n (SIPC). Deposits shall be insured through the Federal Depository Insurance Corporation (FDIC) a' collateral in an amount of 110% over the FDIC insurance. INTERNAL CONTROLS - The Investment Officers are responsib control structure designed to ensure that the assets of the Ci Details of the internal control system shall be document reviewed and updated annually. The internal control st u assurance that these objectives are met. The concept of reaso control should not exceed the benefits likely to be derived, and (2 estimates and judgments by management. A ingly, the Investme annual independent audit by an external audit re compliance w internal controls shall address: ~ Control of collusion ~ Separation of transaction authority from ac ~ Custodial safekeepin ~ Avoidance of phys' ~ Clear delegatio ~ Written confi ~ Development of a wi ~ Dual au . ns of WI ining an internal r misuse. .8 shall be urities bordinate sta ,tl[1embers ns for investm t.w;,'hd wire transfers nt with t ead bank and third-party custodian .fp, ,;'utliversify its investment portfolios. To eliminate risk of loss n of a~,; s in a specific maturity, issuer, or class of securities, all deposits II be diversified by maturity, issuer, and class of security. Diversification vised periodically by the Investment Officers for all funds. In establishing specifi Portfolio maturities shall Maturities selected shall ion strategies, the following general policies and constraints shall apply: 'ggered to avoid undue concentration of assets in a specific maturity sector. vide for stability of income and reasonable liquidity. For cash management funds: ~ liquidity shall be assured through practices ensuring that the next disbursement date and payroll date are covered through maturing investments or deposits. ~ Positions in securities having potential default risk (e.g. commercial paper) shall be limited in size so that in case of default, the portfolio's annual investment income will exceed a loss on a single issuer's securities. ( 6 ) ~ Risks of market price volatility shall be controlled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one year shall not be greater than coupon interest and investment income received from the balance of the portfolio. ~ The Investment Officers shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in securities other than repurchase agreements, Treasury bills or collateralized certificates of deposit. The officer shall conduct a quarterly review of these guidelines and evaluate the probability of market and default risk in various investment sectors as part of its considerations. MAXIMUM MATURITIES - To the extent possible, anticipated cash flow requirements. Unless matche securities maturing more tha rom the date and ordinances. The City s hted average- objectives. securities of a single olio may be invested The following diversification limitations shall be imposed on the portfolio: ~ Maturity: No more than 40% of the portfolio may be invested bey average maturity of the portfolio shall never exceed five years. ~ Default risk: No more than 10% of the overall portfolio may b issuer, except for securities of the U.S. Treasury. No mor in each of the following categories of securities: * Commercial paper * Negotiable certificates of deposit * Bankers' acceptances * Any other obligation that does not bear the full government or which is not fully collateralized or I * No more than 5% ofthe port .hall be invested in securities which can be sold to ' h in one day's no, er yields; however, no more than 20% of the Unless prior Council approval is received, no rchased. Rese years I t of funds. Th Council. dr :'t'lnvestment horizons may be invested in securities exceeding 5 , ments w . made to coincide as nearly as practicable with the expected use ritiesWith longer maturities shall be disclosed in writing to the City Because of inherent ~,~l( accurately forecasting cash flow requirements, a portion of the portfolio should be continuously ii;i\iii',;, :ed in readily available funds such as local government investment pools, money market funds, or ove rnigbtiirre purchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. COMPETITIVE BIDS - The Investment Officers shall obtain competitive bids from at least two brokers or financial institutions on all purchases of investment instruments. COLLATERALlZATION - Where allowed by state law and in accordance with the GFOA Recommended Practices on the Collateralization of Public Deposits, full collateralization will be required on all demand and time deposit accounts, including checking accounts and non-negotiable certificates of deposit. ( 7 ) REPURCHASE AGREEMENTS - Repurchase agreements shall be consistent with GFOA Recommended Practices on Repurchase Agreements. Investment Reportin~: Periodic required investment reports to elected officials provide necessary written communication regarding investment performance, risk analysis, adherence to policy provisions, as well as other information. The Finance Director shall provide the City Council quarterly investment reports, whi rovide a clear picture of the status of the current investment portfolio. The management report shou a summary of securities held at the end of the reporting period by authorized investment" ory, percentage of portfolio represented by each investment category, percentage of portfolio repr~~ .each financial institution, realized and unrealized gains/losses resulting from appreciation or de"~":'~' ting the cost and market value of securities, and overall portfolio values. Each quarterly report shall indicate any areas of policy conc investment strategies. Copies shall be available to the in{, /:;'9/.' res t an annual report on the onth and separate quarterly e made in the investment audited financial statements. A monthly Treasurer's Report shall be given by the Finance Dire financial health of the City. Within 40 days ofthe end ofthe calendar year,' investment program and investment activity. Th comparisons of return and shall suggest policies a program. Alternatively, this report may be include MAR a stateme the investm Recommended and Investment Po pronouncement. portfolio shall be calculated and posted at least monthly and he po lio shall be issued at least monthly. The will ensure the review of . value and price volatility, has been performed consistent with the GFOA -Market Practices for State and Local Government Investment Portfolios /market value, considerations should be given to the GASB Statement 31 Policv Considerations: Any investment currently held that does not meet the guidelines of this policy shall be temporarily exempted from the requirements of this policy. Investments must come in conformance with the policy within twelve months of the policy's adoption or the governing body must be presented with a plan through which investments will come into conformance. Amendments- This policy shall be reviewed on an annual basis. Any changes must be approved by the Investment Committee and the City Council, as well as the individuals charged with maintaining internal controls. ( 8 ) Approval of Investment Policv: The City's investment policy shall be adopted by motion by the City Council and will be reviewed on an annual basis. Any changes to the policy must be approved by the Investment Committee and the City Council. Statute Authoritv: Specific investment parameters for the investment of public funds by the City are found in Minnesota Statutes 9118A. Conclusion: The intent of this policy is to ensure the safety of all City funds. The main market rate of return while maintaining the safety of its principal. Amended policy adopted by the City Council on this 18th day of Alan Rassier Mayor ( 9 ) CITY OF ST. JOSEPH INVESTMENT POLICY PURPOSE: The purpose of this policy is to establish specific guidelines the City of S1. Joseph will use in the investment of City Funds. It will be the responsibility of the Investment Committee to direct the Clerk/Administrator/Treasurer to invest City funds in order to attain a market rate of return while preserving and protecting the capital of the overall portfolio. Investments will be made, based on statutory constraints, in safe, low risk instruments. SCOPE: The Clerk/Administrator/Treasurer under the direction of the Investmd~t Co for the investing of all funds in the custody of the City including, b General Funds, Special Revenue Funds, Debt Service Funds, Ca Fund, Agency Funds, and Excluding the pension funds. The standard of prudence to be used by investme s shall be the "prudent investor" and shall be applied in the context of managing the ove rtfolio. Investment officers acting in accordance with this policy and with MN e 475.6 . d 118 and exercising due diligence shall be relieved of personal responsibility individua security's credit risk or market price changes, provided that reasonable actio . ken to control adverse developments and unexpected deviations are reported in a There are three main objecti:~g.s ~Z~:<:~;::~;" ":,~"<',<{, "'.~\:;:~;:~;:", "'.~':':'rl A. stment activities that are prioritized as follows: I is the foremost objective of the City. Each investment transaction ,;";",, insure that capital losses are minimized. The objective will be to 'A 'f'i"isk and interest rate risk. Cre~*~:~ Risk is the risk of loss due to failure of the security issuer or backer. st Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. B. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. C. Yield The investment portfolio of the City of St. Joseph shall be structured to attain a market-average rate of return through budgetary and economic cycles, taking into consideration the City's investment risk constraints, cash flow characteristics of the portfolio and prudent investment principles. Subject to requirements of the above objectives it is the policy of the City of St. Joseph to offer financial institutions within the City of St. Joseph the opportunity to bid on investments; however, the City of St. Joseph will seek competitive investment yields. DELEGATION OF AUTHORITY: Management responsibility for the investment program is hereby delegated f,~9m'i;th "wpuncil to the Investm~nt Com~itte~, ~ho shall estab~ish procedures for the4~pera~1~n of tl::),~,. invei~&~ent program, consistent with thiS Investment polley. Such procedur' g~lega~t0n of authority to persons responsible for investment transactions. The ;"'lltee shall be responsible for all transactions undertaken and shall establish internal controls designed to prevent losses from fraud and employee error. CONFLICT OF vestment process shall refrain from cution of the investment program or decisions. AUTHORIZED F In accordance with Minnesota .,t~~005; the responsibility for conducting investment transactions resides with the ir<<:8f the City of St. Joseph. Also, the Council shall authorize the Investment Q~m xercise the powers of the Council in designating a depository of the Funds .I{, f III be given to local financial institutions. In selecting depositories, the credo . ss of the institutions under consideration shall be examined by the ClerklAdministrat ted as official depositories shall be in good standing with FDIC or s with such financial institutions shall be covered by FDIC or NCUA or curity broker/dealers selected by creditworthiness shall be utilized (minimum nt $7,5000,000 and at least seven years of operation).. These may include "primary rs or regional dealers that qualify under Securities and Exchange Commission Rule 15c3-1 (uniform net capital rule). ' All financial institutions and broker/dealers must supply the following as appropriate: . audited financial statements . proof of National Association of Securities Dealers (NASD) certification . proof of state registration · completed broker/dealer questionnaire for firms who are not major regional or national firms . certification of having read the City's investment policy BROKER REPRESENTATIONS: Municipalities must obtain from their brokers certain representations regarding future investments. Minnesota Statutes, Section 475.66, Subdivision 6, require municipalities to provide each broker with information regarding the municipality's investment restrictions. Before engaging in investment transactions with the City of St. Joseph the supervising officer at the securities , broker/dealer shall submit a certification annually according to MN SS 118.05. The document will state that the officer has reviewed the investment policies and objectives, as well as applicable state law, and agrees to disclose potential conflicts of interest of risk to public funds that might arise out of business transactions between the firm and the City of St. Joseph. . financial institutions shall agree to undertake reasonable efforts to preclude imprudent t actions involving the City's funds. AUTHORIZED AND SUITABLE INVEST investments for . for a Minnesota ents to be used for authorized to invest in: Minnesota Statutes, Section 475.66, Subdivision 3, lists all municipalities. This list establishes the maximum investmen municipality. Even though MN Statutes 475.66 provides for investing purposes; the following is a listing of invest 1. Government Securities: Instruments suc which are direct obligatiol"ls of the federal g and interest fully guaranteed by the .S. Govern s, notes, bills and other securities ent or its agencies, with the principal t or its agencies. 2. Certificate of Deposit: A negotiab Insured Financial Institution a Insurance Corporation (FDIC) onnegotiable instrument issued by a Federally '. to $1000,000 by the Federal Deposit , redit Union Administration (NCUA). 3. Re urchase A reemen' nt which consists of two simultaneous transactions, where an investor purc n s from a financial institution or dealer. At the same time, the selling fi tion or NCUA or dealer agrees to repurchase the securities at the.~ '.." interest at some agreed-upon future date. The security purchased is th.'teofj~tSlral protecting the investment. \~~tz," '\~:)<<~ 4. a' general obligation of the State of Minnesota or any of its ools which invest in authorized instruments according to MN invest in authorized instruments according to MN 7. Investments in mortgage derivatives is prohibited. Interest-bearing deposits in authorized depositories must be fully insured or collateralized. COLLA TERALlZATION: Collateralization will be required on two types of investments, Certificates of Deposit and Repurchase Agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110 percent of the market value of principal and accrued interest. When the pledged collateral consists of notes secured by first mortgages, the collateral level will be 140% of the market value of principal and accrual interest. Collateral shall be assigned to the City of 81. Joseph and be subject to release by the City's Clerk/Administrator/Treasurer. All Certificates of Deposit and Repurchase Agreements purchased by the City shall be held by the City itself or held in third party safe keeping by an institution designated as primary agent. The primary agent shall issue a safe keeping receipt to the City listing the specific instrument rate maturity and other pertinent information. All deposits will be insured or collateralized in accordance with Minnesota Statues Chapter 118. ~~t '\:~, The City will attempt to diversify its investments according to type and maturity. The pGihfolio, as much as possible, will contain both short-term and long-term investments. The Ci . V?empt to match its investments with anticipated cash flow requirements. Extende u y be utilized to take advan.tage of high~r yie~ds. An attempt to keep the I~~el 0 end,~p ma '" rities near 35% of the total Investments IS desired; however, no more th totaJi~tnVest, ents should extend beyond five (5) years and in no circumstance shoul:ei'bhd 10 years. DIVERSIFICATION: The intent of this policy is to ensure th to achieve a market rate of return whil pared at least quarterly, . icture of the status of the current rter. The Clerk/Administrator/Treasurer shall have an i including a management summary that provides investment portfolio and transactions made over the I y funds. The main goal of the City will be ain,g the safety of its principal. ,2004. Judy Weyrens Clerk/Administrator .", , . ....",:. : .- ,," '.,' '- . . -' .....' -." CITY OF ST. JOS"~lof.t Council Agenda Item 7a MEETING DATE: October 18, 2007 AGENDA ITEM: 2007 East Side Mill & Overlay Improvements - Revised Assessments SUBMITTED BY: Tracy Ekola, PE BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Approved Assessments based on Bid Award BACKGROUND INFORMATION: The Final Assessment Hearing for the 2007 East Side Mill & Overlay Improvements was held on May 31, 2007. The May 2007 assessments rates were based on the estimated design quantities and bid costs. This project is substantially completed with minor punch list items remaining. The final quantities have been reviewed with the contractor and are lower than the anticipated contract amount. The costs shown on the attached tables are based on the actual construction costs and the estimated engineering, contingencies, legal and administrative costs to complete this project. The May 2007 final assessment rates were $26.69/LF for the Reclaim Area and $18.56/LF for the Overlay Area. The revised assessment rate based on the actual construction cost is $20.99/LF for the Reclaim Area and $11.01/LF for the Overlay Area. A revised Final Assessment Worksheet showing the individual parcel assessment costs is also attached. BUDGET/FISCAL IMP ACT: See attached tables ATTACHMENTS: Statement of Probable Cost, Assessment Rates, Funding Tables Revised Final Assessment Worksheet (10/12/07) Letter of Revised Assessments Spreadsheet showing refunds based on revised assessments REQUESTED COUNCIL ACTION: Approve the Revised Final Assessment Roll for the 2007 East Side Mill and Overlay Project and authorize reimbursement of the prepaid assessments as illustrated. C:\Documents and Settings\sbialke.COSJ\Local Settings\Temporary Internet Files\071O revised assessments 101807.doc CITY Of ST. JOSEPH www.cityofstjoseph.com October 19, 2007 Name Address City Judy Weyrens Administrdtor RE: 2007 East Side Mill and Overlay Assessment MdYor AI Rdssier Dear Councilors Steve Frdnk R.ick Schultz Renee Symdnietz Ddle Wick The City has reviewed and verified the final quantities and pricing for the 2007 East Side Mill and Overlay Improvement. While the City Council has already approved the final assessment roll, the project costs came in less than the final assessment. Therefore, your assessment is being reduced to match the final assessment costs. Please find below your revised assessment amount. If you have already paid your assessment, please find enclosed a refund. If you have paid your assessment and it shows as outstanding, please contact the City Offices. If you have any questions please feel free to contact me at 320-363-7201. Sincerely, CITY OF ST. JOSEPH Judy Weyrens Administrator Revised Final Assessment Worksheet PorcellD # Name Property Address Legal Description Previous Assessment Total $ Amount Paid $ Check # Revised Assessment Total $ Refund $ 2. )" College Avenue North . PO Box 668' S din t 10 s e ph, M inn e sot d )" 6174 Phone 52.0.')65.72.01 FdX FO'565.0)42. 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Joseph SEH No. A-STJOE 0710 October 2007 Statement of Probable Cost May 2007 Oct. 2007 (Estimate (Actual Costs) based on bid) Reclaim Area $130,022.60 $102,287.95 Overlay Area $243,245.26 $144,335.62 Park $63,912.84 $63,184.71 Total $437,180.70 $309,808.28 For estimating purposes, the cost includes. 10% contingencies, 20% engineering, and 8% fiscal, legal, and administrative costs. Reclaim Area Overlay Area Assessment Rates May 2007 Bid $26.69/LF $18.56/LF Actual Costs $20.99/LF $11.01/LF 2007 Street Improvements City of St. Joseph SEH No. A-STJOE 0710 October 2007 Funding - Mill & Overlay Project Assessment City Total (600/0) (40%) Reclaim $61,373 $40,915 $102,288 Area Overlay $86,601 $57,734 $144,335 Area Total $147,974 $98,649* $246,623 *In addition to 40% City funding for the overlay and reclaim areas, the City owns two parcels with an assessment cost of $2,316. '" N ~ ~ ~ !1 ~ ~ .. g '" '" " o '" le ~ it ~ ~ ~ o .. .. 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" )J 2 Q '11 Z > r- :l> 1Il en m en en s: m z .... ~ " " en J: m ~ :lJ m < Qj m c OJ :l> (f) m c o z o o ~ en > VI o -n ... 3 ~ .... ~~ om,. ~~~ ;:~m O}a;~ ~;fifi ~~z -< ", ~~~ !='~~ "'0 "'- ~ ~ .-r- ."." ~ ~ 8 .., ..-- !t 0> ~ 8~!~~~o i ~~ -t ~ ~ ~ 6 2 t;~~~~~~ f:1 <J> ~ " 00 Cl -< ,. r- o o ~ c: <h ~ ~~~~~~o OO(hO~t.)Z p~ f.> ~ ~ ~ 8 [g ~.~ to m g ~ ~~~ ~ ~ ~ mm~ ~ m t't'l iB~f?<~~ trifa =i =c :0< l'11 m ~~ ~ ~ ~ r.: COUNTY OF STEARNS Department of Highways PO Box 246 . 8t Cloud, MN 56302 (320) 255-6180. FAX (320) 255-6186 MITCHELL A. ANDERSON, P.E. October 9, 2007 Highway Engineer JEFF MILLER, P.E. Asst. Highway Engineer JODI L. TEICH, P.E. Asst. Highway Engineer #875-8898 TO: Stearns County Township Chair Stearns County City Clerks I am sending this Notice to you ofthis year's meeting for our proposed Five Year Highway Construction Program. NOTICE FOR FIVE YEAR CONSTRUCTION PROGRAM Notice is hereby given that the Stearns County Department of Highways will consider a Five- Year Highway Construction Program using federal funds, state aid funds, and local funds at a meeting to be held in the Stearns County Public Works Building, located at 455 28th Avenue South, Waite Park, MN., on Tuesday, October 30,2007 at 7:00 p.m. I want to emphasize that this meeting is on a proposal only and at this time has not been adopted in any way by the County Board. They will await the outcome of the Public Meeting prior to adopting the program and its final form. Copies ofthe proposed program will be available at the meeting. If you have any questions pertaining to this matter, please contact me. Sincerely, -141~ d,d~ Mitchell A. Anderson, P.E. County Engineer o i'P=C 'r.~ ^ h~t:; dtt":;MVEO MAAlcms [lcr 1 1 200? CITY OF ST. JOSEPH cc: File "Affirmative Action / Equal Opportunity Employer" st. Cloud Area Planning Organization FY 2009 Federal Appropriations: Roadway Priority List (APO Executive Board Recommendation To APO Policy Board) 1 2 3 4 5 6 $3,000,000 $1,000,000 $800,000 $800,000 $2,000,000 $2,000,000 Totals $9,600,000 Recommended October 11, 2007 $750,000 $250,000 $200,000 $200,000 $500,000 $500,000 $2,400,000 st. Cloud Area Planning Organization FY 2009 Federal Appropriations: Transit Priority List (APO Executive Board Recommendation To APO Policy Board) 1 2 3 4 5 6 7 $1,248,000 $160,000 $360,000 $800,000 $992,000 $160,000 $80,000 Totals $3,800,000 Recommended October 11, 2007 $312,000 $40,000 $90,000 $200,000 $248,000 $40,000 $20,000 $950,000