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Home My WebLink About[00] Agenda , �.. CITY OF ST. OS�PH 1 http:��mn-stjoseph.civicp�us.com St. Joseph City Council August 1, 2013 7:00 PM Administrator �udy Weyrens 1. Call to Order— Piedge of Allegiance 2. Oath of Office a. Police Chief Joel Klein Mayor b. Police Officer Travis Manderscheid R��k S�h�lrZ 3. Public Comments Co�r,cilors 4. Approve Agenda Steve Frank Bob Loso 5. Consent Agenda Renee Symanietz a. Minutes—Requested Action: Approve the minutes of June 17 and July 9, 2013 Dale W�ck b. Bills payable—Requested Action: Approve check numbers 046823 -046867 and payroll EFT#000829 -000833 c. Road Closure—Requested Action: Approve the closure of a portion of MN Street between 1St Ave E/W and College Avenue N on September 29, 2013 for the Millstream Arts Festival. 6. City Engineer/ Public Works Director Report a. Agency Agreement b. 2013 Crack Filling 7. 2014 General Fund Budget 8. Committee Reports a. Park Board —5K Update b. EDA 9. Administrator Reports a. Sign Removal b. Golf Cart Ordinance 10. Mayor Reports 11. Council Reports 12. Adjourn zs College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374 phone 320.363.7zoi Fax 3zo.363.0342 This page intentionally left blank June 17, 2013 16 Page of Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Monday, June 17, 2013 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Richard Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: Police Chief Pete Jansky, Police Chief Joel Klein, Finance Director Lori Bartlett, Public Works Director Terry Thene and City Engineer Randy Sabart Others Present: Murray Mack, Tom Peck, Shane Vernier, Lindsay Vernier PUBLIC COMMENTS th Michael McDonald, 213 13 Ave SE approached the Council to express his opinion on the proposed government center or Community Center vs. Community Room. He stated that he does not understand the rationale of the City Council to consider constructing a new government facility. He stated the City has many more pressing needs and does not see the benefit to the tax payers. He further stated that the proposed government center has not been identified as a need nor is it part of the City Capital Improvement Plan. The City bonded $ 200,000 for repairs to the current City facility which further evidences that the City did not plan on constructing a new facility. He urged the Council to reconsider the need to construct a new government center. Frank made a motion to approve the agenda adding 3a) Officer Swearing Approval of the Agenda: in. The motion was seconded by Wick and passed unanimously. Discussion: Frank thanked the St. Joseph Lions for the generous donation of $ 8,450 for the purchase of a gazebo for Cloverdale Park as well as those donating to the campsite and archery range. Loso corrected the minutes of May 16 stated that access to the DAMA Boxes is for the Police Department and the minutes state Fire Department. New police officer, Swearing In: Weyrens administered the oath of office to Patrol Officer Shane Vernier. Upon being sworn in, Vernier introduced himself thanking the Council for the opportunity to serve the City of St. Joseph. Wick made a motion to approve the consent agenda as follows; seconded by Consent Agenda: Symanietz and passed unanimously. a. Minutes –Approve the minutes of May 16, 2013, with correction. b. Bills Payable –Approved check numbers # 046673-046729, payroll EFT # 000814-000818 and accounts payables EFT #001618-001619. c. Donations – Accept donations of the St. Joseph Lions for the Gazebo for Cloverdale Park ($8,250) and anonymous donations from the disc golf ($15), archery range ($17.50) and camping ($87). d. Treasurers Report – Accept the May 2013 Treasurers Report as presented. e. Application for Payment – Authorize the Mayor to execute payment #1 for the 2013 Sidewalk Improvement to Concrete Idea in the amount of $92,801.87. Facilities: Wick stated that upon receiving direction from the City Council to continue the process to add a community room component and new Council chamber, the facility committee has been met with the architect. First, Wick stated that a distinction must be made between a community room and center. The facility committee has been charged with planning a community room and a separate committee will look at an active recreation center. For over a year, the facility committee has been discussing whether to remodel the existing facility or start with a clean site. Based on a recommendation of the St. Joseph EDA it was determined that the City Facility needed to remain downtown. Therefore current planning efforts are focusing on the existing land and building owned by the City. Wick stated that it is estimated to cost 3.5M to remodel and expand the existing facility. Some concern has been expressed if the City spends 3.5 M on remodeling is their June 17, 2013 26 Page of sufficient room for expansion or will the City be in the same situation in ten or fifteen years. It was suggested at the facility committee meeting that if the City moves forward with constructing a stand-alone community center, the community room space at the government center could eventually be converted for staff use. Murray Mack, Hagemesiter Mack Architect, stated that the facility committee has been on break for about eight months, not rushing the process, allowing the City Council to determine the needs of the community. Mack reviewed the different options previously reviewed by the Council to include: a) using the existing facility adding a portion to the north; b) using the existing facility adding a two story portion to the north; c) adding a second floor to the current facility; d) utilizing the former Kennedy School; e) a new facility on a site not located within the downtown area. The process stalled when community functions were discussed in tandem with the City facility. The most recent discussion have been focused on option 1 which is a schematic that used the existing building, basement, upstairs, and included building around it, and option 1A also used the existing basement but tried to expand building square footage to meet functional needs. The first option was lacking, especially in the police department area. Two stair towers and one elevator would likely be reused, but are not accessible to the public off the main public corridor in the design. A lot of decisions affect the overall budget and building functionality for years. Schultz commented that a facility needs to meet the City’s needs for the next 50 years. There are cost savings for using the existing building, yet some functional drawbacks of future opportunity. In all the committee meetings held, the decision has leaned toward removing the upper floor, reusing the basement as much as possible, and maximizing site use. There is some debate of the value to reusing the basement functionally. If it was removed, the cost increased $ 200,000 - $ 300,000. They looked at rebuilding the basement from the police department garage and support area over to the middle of the main circulation corridor for new basement, making the elevator and stair shafts more available to the public. Mack discussed potential scheduling. If the Council decides to move forward with a budget and rough schematic at this meeting, there is still three to four months of additional design work and preparation of construction documents before getting into the bid phase. Construction start would then be November or December 2013. At that point, they could just wait and start construction Spring 2014. During construction, police department and city staff would have to relocate as there would be too much renovation and demolition to stay and work around employees. There is $50,000 in the budget for staff relocation at this time. Option 1A was difficult because of the small additions on the building exterior to make it functional; it got more expensive to build footage in little strips. There were functional deficiencies, compromises, and additional costs in working with the existing building, so the committee suggested demolishing the current structure. There was an additional 1,150 SF in Option 1A vs. Option 1. Subtracting the project cost, there was a $50,000 premium between the two options to clear off the upper floor. Option 1A was recommended with possible basement changes. Frank asked if the City can put off the Community Room until they find out if there will be a Community Center. Mack responded that the cost to eliminate the Community Room would be minor. If you subtract it from the plan, you would have to put exterior wall in its place including an exterior finish that works with the rest of the building, replacing the exterior the North and West walls and moving them to interior. The facility committee discussed the possibility of having police department locker rooms in the basement along with storage, and if the Community Room was eliminated, staff offices would likely be there, moving the main corridor to the South and keeping the police department garage and everything to South of the main corridor. Loso asked if the new building would be engineered to accommodate a second floor. Mack responded that the building didn’t seem to justify a two-story option and it would take careful consideration. The roof of the initial first floor building gets to be more expensive with an idea that there may be second floor expansion. Is it a flat or pitched roof? The committee didn’t discuss it - probably flat. There needs to be enough room for parking. It’s hard to make any judgment calls so far into the future but they did the best to balance the dollars, function, and possible reuse of current structure. The Highway 75 plan certainly provided more flexibility for expansion. June 17, 2013 36 Page of Mayor Schultz doesn’t believe anybody’s in a rush to spend money. The committees and staff have been diligent in finding the right mix after the recommendation of staying downtown, having a downtown footprint, and a portion of the balance was the Community Room (200 people vs. 100 people). In looking ahead, when they initially acquired the building, they spent a fair amount to buy and remodel. Now we are out of space and functionality and not working to the most productive means, and the City doesn’t want to come back in 15 years doing it again, so we need to take a long broad look at this. If we vacate the building, would it make sense to build a basement under the entire span or isn’t that necessary? From the line of the sally port to the left-hand side of the main corridor, there’s a nice space to accommodate storage and possibly a meeting room. However, if the public had to get to the basement, the elevator would be only available through the police department office. Schultz mentioned that the city will be basically land-locked so he wants to allow room for growth. What is the cost difference to expand under the council chambers and Community Room, but not under the garage? Frank encouraged space for the mayor’s office and a storm shelter. Would the shelter need to be basement low grade with precast deck above or FEMA compliant like an Emergency Operation Center? The vault is used in the current building. Wick advocated for a schematic that starts clean slate, top to bottom, bigger basement, and configure elevator and stairs to allow this area for emergency situations. Taking the first floor off would essentially ruin the basement area and it would need to be gutted anyway. Loso is concerned about moving staff for a 2014 construction date. Schultz asked the occupancy of the council chambers to which Mack responded it is about one third larger than the current facility; however, the new chambers would be located in an area that could allow for overflow when large meetings occur. Loso wondered how long would construction take? RA Morton answered roughly ten months to one year. Wick suggested that the committee is ideally looking for a budget and an answer to keep the existing basement or start from a plain site. Budget could be from $ 3.9-4.3M ($ 300,000 difference to start from scratch or keep the basement). If replacing the basement, what is the cost to the project? Could the precast plant be reused? Starting from a clean slate, the building could be moved to the West where parking now exists, eliminating the walk-through feature that’s there to accommodate the walk up parking and walk-ins off College Avenue. Committee recommended having more building frontage off College Avenue with parking in the back. With regard to financing the facility, Weyrens stated that City Hall debt will expire in two years and that levy for the existing facility could be placed towards the new facility lowering the financial impact. In addition Weyrens stated that at one point Stearns Electric indicated that the city could have access to rural development funds, which carries 0% interest. Loso questioned if the facility would sales tax exempt, to which Weyrens stated the recent law change only applies to goods the City purchases. However, if the project moves forward the City could request the legislature to authorize an exemption, which is commonly approved. Weyrens stated that the staff will provide a financial summary/impact for the next presentation. Loso stated that in talking to the public he has heard residents say that the City should demolish the existing facility and start from scratch as it does not make sense to put additional money into the facility. Loso asked about gutting the basement or constructing a slab on grade facility. Mack stated that since the site is limited, a basement under a portion of the facility makes sense and can be used for police accessory use so that upper level space is not consumed. Loso thought about the parking lot: getting rid of the green curb, making the alley wider, and improving traffic flow to where the entire downtown could use it. There are other things to work through such as where the electrical transformers and garbage refuse area will go. Mack stated that the Council needs to make a decision as to whether or not it makes sense to demolish the existing facility and then approve a preliminary budget for the facility committee to work within. Loso made a motion directing the Architects to design a Government Campus Facility on the existing site, demolishing the current facility, including basement and provide a budget of $ 4- 4.6M. The motion was seconded by Frank and carried unanimously. June 17, 2013 46 Page of Engineer Reports 2013 Street Improvements: Sabart reported that bids were opened on June 12, 2013 for the 2013 Street Improvement Project with the following results: Knife River $ 312,501 Hardrives $ 318,646 Engineer’s estimate $ 318,902. At this time the Council has to determine if they wish to move the project forward to the assessment hearing. The project would not be awarded until after the assessment hearing to gauge the financial risk. With the actual bid numbers the proposed assessment have been revised with the majority of assessments being lowered. Frank questioned Sabart on why the contingency was reduced $ 18,000 from the preliminary numbers. Sabart responded that since the City has actual costs, and more knowledge of the project the contingency was lowered. Frank questioned if the City considers sidewalk when designing improvements. Sabart responded that the City could look at sidewalk, but the project before the Council at this time is an overlay and one would typically see sidewalk when a street is reconstructed. The only sidewalk included in the project is revising pedestrian ramps so that they meet Schultz made a motion authorizing the Mayor and Administrator to execute ADA requirements. Resolution 2013-023, hearing on proposed assessments for the 2013 Street Improvement project for July 9, 2013. The motion was seconded by Frank and carried unanimously. Schultz made a motion authorizing the Mayor and Administrator to execute Resolution 2013-024 declaring costs to be assessed and ordering and preparing proposed assessments for the 2013 Bituminous Street Improvement. The motion was seconded by Loso and carried unanimously. Park Terrace: Weyrens reported that the Park Terrace project was discussed to start in 2014. The council needs to decide if they would want to do another benefit analysis for the assessment before the proposed assessments are updated. The Council discussed whether or not the market has changed enough to warrant another analysis and what the pros and cons are of the analysis. Sabart stated that the City will have to restart the improvement process called 429. As part of the process the Council will have to determine what portion of the project will be assessed. When questioned what other Cities are assessing, Sabart responded that each community is unique. Each community levies a different amount or whatever their practice is – so it’s hard to find a compromise of assessment levels as part of the exercise. The Council may still be comfortable with the project as approved in 2010, but projects costs would need to be updated. A new special benefit analysis would be necessary to see how the market has changed. Properties are for sale and there’s been change in the community, hopefully supplying updated data. Loso commented when the Council interviewed attorneys, they were asked if in their opinion the market has changed over the past year and one said and yes and one said no; therefore he is uncertain if a new study is needed. Frank stated he remembers at the time of the last benefit analysis discussion centered on a court case that was pending. He questioned Sabart on the status of that matter. Sabart reported that assessment contentions are typically settled outside of District Court. Sabart stated that he is uncertain as to which case Frank is referring to, but it is in the Cities best interest to have a policy that is fair, enforceable and can be replicated for future assessments. As the next step in the improvement process is updating the feasibility report, Sabart stated the Council will have to determine the scope of the project. The Council agreed to discuss the matter at a future meeting when information is available on the costs and benefits of completing a new assessment analysis. They will also review the design options at the same time. Central Minnesota Housing Partnership Update: Weyrens updated the Council on the proposed housing transition grant application. In a conversation with Cory Ehlert he stated that he has not established a June 17, 2013 56 Page of meeting with representatives of CSB or SJU but he has meet with the Chamber executive committee. The Chamber is anticipating sending an email to the entire membership seeking support. Frank reiterated that the EDA did want to see a buy-in from the real estate companies, bankers, etc. and not just from the Chamber and CSB. Weyrens stated that the grand deadline is July 12 and it is anticipated that he will attend the July 9 Council meeting with an update. Administrator Reports Potential Safety Hazard: Weyrens reported that during the last winter storm of the season, a shed located at 111 Ash St E was damaged significantly creating a safety hazard. The Building Official and Police Department have made numerous attempts to remedy the situation without success. Therefore, the City Attorney was consulted to determine the best manner in which to resolve the safety hazard. The first step to force the correction is for the Council to declare a public nuisance under MN Statute 463.17, once the Council declares the nuisance, a court order will be prepared and served to the property owner. If after the time provided in the court order the hazard is not removed, the City will have the ability to Loso made a motion authorizing the abate the nuisance and assess the costs to the property owner. Mayor and Administrator to execute Resolution 2013-025, resolving to proceed under MN Statute 463.17 for Abatement of a Hazardous Building at 111 Ash St E. The motion was seconded by Wick and carried unanimously. Orderly Annexation: Weyrens reminded the Council that the City and Township have scheduled a joint meeting for June 24, 2013 at 6:30 PM to continue the discussion on amending the Orderly Annexation Agreement. The City Engineer has prepared updated maps that will be forwarded to the City and Township Officials. Frank asked if there was way to speak in one voice to establish our goals and bottom line to the Township. Schultz suggested that this should be a healthy discussion of where we’re headed, what the township’s annexation policy is, current maps, what the township is thinking, and what the township does or does not want the City to get involved with. It would cover what’s working in the OA agreement, where St. Joseph sees its future from an expansion and annexation perspective and vice versa. Approved Annexations: Weyrens reported that the two recent annexations (Army Facility adjacent to CR 75 and CR 2 ROW) approved by the City and Township have been approved by MN Planning and have been recorded at the County. Mayor Reports APO, Washington DC Trip: Schultz stated that he recently returned from participating with the St. Cloud APO fly-in to Washington DC. The purpose of the trip was to meet with the area representatives to lobby for federal transportation funds. Highlights included support for the Wobegon Trail with Senator Klobacher. She spoke with the CEO of BNSF to help facilitate the extension. Senators Bachman and Franken will also follow-up with BSNF. While in Washington he also discovered that the firm hired as lobbyist for the area (David Turch) has an intern that is a junior at SJU and would be interested in assisting the City. Schultz thanked Wick for filling in during his absence. APO Retreat: Schultz reported that the APO Executive Committee participated in a retreat on June 13, 2013, to help overcome some difference. The retreat was led by an outside moderator facilitating a two hour discussion. A division between and among some of the communities has developed and they area to be centered on the proposed Heatherwood Road project, role of the APO staff, polices and communication. Schultz stated that from his perspective, St. Cloud would like to change so there’s a smoother way to offer things from any jurisdiction. All want to react more freely to some of the environmental changes needed. Received well by both sides, they would like to eliminate the APO full board, which would require a by-law change. It’s more from a communications perspective vs. a voting perspective. June 17, 2013 66 Page of Council Reports FRANK Gold Cart Ordinance: Frank says that he sees more and more people wanting to use the “neighborhood friendly vehicles” such as golf carts and ATV’s. A concerned resident was told that it would be discussed at the second July meeting. Weyrens affirmed that the matter will be placed on the July 18 meeting, after staff has an opportunity to review the final proposed draft. CR 2 Detour: Frank questioned Sabart on the status of the detour for CR 2 as he still gets people pulling in his cul-de-sac and asking how to get to Highway 94. Sabart stated that he contact the Stearns County th Highway Department, but he did have a discussion with them assuring that it will be open for the 4 of July. Police Chief Jansky stated the sooner the better. LOSO – No Report SYMANIETZ – No Report WICK – No Report : Schultz made a motion to adjourn at 6:48 PM; seconded by Wick and passed Adjourn unanimously. Judy Weyrens Administrator July 9, 2013 Page 1 of 4 Pursuant to due call and notice thereof, the St. Joseph City Council met in session on Monday, July 9, 2013 at 6:30 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Richard Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens Citv Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene and City Engineer Randy Sabart, City Attorney Tom Jovanovich Others Present: Ned Chapman, Tom Klein, Bob and Darlene Kroll, Bob and Kathy Lyon, Sheila Nahan, Don and Gladys Schneider, Harry Pfannenstein. Public Hearing. 2013 Bituminous Overlav Assessment Hearinq: Mayor Schultz called the hearing to order and stated the purpose of the hearing to consider, and possibly adopt, the proposed assessment for the 2013 Bituminous Overlay Improvement which impacts the following areas: Baker Street, from 2nd Avenue SE to 7th Avenue SE; 7th Avenue SE from Baker Street to Minnesota Street E; Ridgewood Court, from Ridgewood Road (CR 134) to the cul-de-sac, approximately 1,100 feet west of Ridgewood Road (CR 134); Cedar Street E, from 1 st Avenue NE to Northland Drive; 1 st Avenue NE, from Cedar Street to Date Street E; Date Street E, from College Avenue N (CSAH 2)to 1stAvenue NE; Date Street W, from 1st Avenue NW to College Avenue N (CSAH 2); and 1 st Avenue NW, from CSAH 75 to Date Street W. City Engineer Randy Sabart provided an overview of the proposed improvement and financial impact. The proposed project includes the areas described above with the project design complete and bids already opened. The proposed assessments are based on the actual contract prices and allocated based on the adopted assessment policy. The following is a summary of the presentation: • Total project cost—preliminary$424,700, final cost$ 408,600 • Special Assessment where calculated at 60%, based on front footage or in the commercial area, by square footage due to the irregular lot sizes. • Project to be assessed -$227,808; City subsidy$ 180,792 • Assessment per lineal foot$ 18.68 and $.012 per square foot. • Proposed start date: Mid-August, early September; proposed completion: October 2013. With regard to the proposed assessment, if the assessment roll is adopted at this meeting, the last day to pay the assessment without interest is August 8, 2013 (30 days from the date of adoption). Assessment paid after that date will be charged interest at a rate not to exceed 5.5% beginning from the date of adoption. All assessments not paid within 30 days are submitted to the Stearns County Auditor for collection with the real estate taxes over a ten year period. Residents may pay the balance at any time after certification; however interest from November 15 through December 31 of the following year. Loso questioned the interest charged on the improvement to which Weyrens stated that typically the City charges 2% over the bond rate. Since the City has yet to bond for the improvements, the rate might be reduced; however the rates have recently increased by one entire percent. Regardless the interest rate will not exceed 5.5%. Sabart stated that the City does have an assessment deferral provision and interest property owners should contact the City Offices. The Ordinance does require that the assessment have a minimum value of$ 3,000 and interest accumulates from that date of adoption. Sabart stated that assessment deferral is different than assessment abatement, as the interest compounds and is due and payable upon property sale. The provision applies to those over 65 and disabled. Frank questioned how assessments on cul-de-sacs are computed. Sabart stated that the average width of the pie-shaped lot is used for the front foot calculation. Weyrens stated that in addition to the public hearing notice, all residents received an amortization schedule to illustrate the annual payment should they choose to have the amount attached to their real estate taxes. At this time the Mayor opened the floor to those wishing to speak. July 9, 2013 Page 2 of 4 Bob Lyon, 131 7�h Ave SE, spoke in opposition to the project. He questioned why the residents on 7th are charged more per lineal foot than those in other areas and why is one portion of the project assessed on a square foot basis. Sabart responded that the costs for each section of the roadways were divided by the footage of abutting properties. Therefore, areas with more dense housing experience a lower per lineal square foot assessment. With regard to the different methodologies used for the assessment, the goal of the assessment policy to equitably assess residents for any improvements. The project on Ridgewood Road consists of irregular shaped lots with some having minimal frontage but large lots. IN this case it is more equitable to assess on a square foot basis. The project on Ridgewood Road is also a different project and not just overlayed. Lyon stated that it was not too long ago that the City reconstructed 7th Avenue and shortly after that the City allowed the development of the field. The development of the field created excess truck traffic and in his opinion if the road needs to be improved it is for that reason. He questioned the need for the improvement. Sabart responded that the road was reconstructed in 1992 and the City anticipates a minimum life of 30 years, provided that maintenance is performed to extend the life of the road. The road is just starting to show wear along the edges and the proposed improvement will extend the life of the road. If the City does nothing and the road starts breaking away it no longer is a candidate for overly and it would have to be reconstructed which is a more costly venture for both the City and resident. Sabart stated that the road does not show an abnormal amount of wear and is typical of what one would see with a road the age of 7th Avenue. Lyon stated that the proposed improvement is a financial hardship for many people and just looking at the residents along 7th Avenue, there are eight families over the age of 70, three single working moms, three working couples, one empty house and one with a retired and working person. At this time Lyon presented the Council with a petition signed by 14 property owners. The petition read "As property owners, we are opposed to being charged for maintenance work to be done to 7�h Avenue SE from Minnesota Street to Baker Street and 2nd Ave SE to 7�h Ave SE. In the past we have paid for the installation of these roadways. We feel it is the Cities responsibility to maintain them once installed. This is a maintenance issue and should not be the responsibility of the affected property owners. Lyons stated that in his opinion the residents keep paying more in taxes and fees, but then the City turns around and provided relief to a business like Coborn's. Bob Kroll, 125 7�n Ave SE, spoke in opposition to the proposed improvement. He stated that it is his opinion that the street would not need to be repaired if the City would have limited construction traffic fo the housing development. Ned Chapman, Summit Management, 333 North Main Street, Stillwater, MN, spoke in support of the project. He stated that he represents the owner of the Manufactured Community Park Home and they encourage the improvement and request the Council consider adding Elm Street to the project. Chapman stated that annually they survey the residents in the park to see what they are looking for and it always comes back to curb appeal. The property owner understands that he would be assessed proportionately for the additional work but would like the potential explored. He stated that the property owner would also like to contract with the vendor to improvement the provide streets within the park. Sabart responded that Elm Street was not included as the watermain under that section needs replacement and the City was anticipating replacing as development required. Additionally, one of the benefiting properties is located in St. Joseph Township and the property would have to be annexed first. Schultz encouraged the property owner to meet with Weyrens and Sabart to determine if a project in the future is feasible. Being no further comments from the public,the public hearing closed at 7:00 pm and discussion was open to the Council members. Frank asked, if 7'h Avenue is of most concern, what about the sewer/water and life expectancy. The utilities haven't exceeded their useful life (50 years). These were constructed in 1970-1979 and another July 9, 2013 Page 3 of 4 15-20 years is expected from this road. The overlay is made to prolong the 30-year-old life cycle of the street, not to fix a broken road. Sabart said with infrastructure, each property owner the benefits historically is required to install and maintain that infrastructure. Frank questioned the City Attorney, Tom Jovanovich, about the use of a benefit test for implementing assessments. It is his understanding that most Cities use some sort of analysis to determine the cost sharing unless the City has the financial wherewithal to pay for the improvement. While the amount each City may charge varies, everyone's taxes will still increase. Jovanovich stated that it does vary between cities what portion of the assessment is charged. It is becoming more common to prepare some type of analysis before assessing the property as courts have ruled in the Cities behalf when this practice is utilized. Bob Lyon asked what happens if they leave 7`h Avenue alone? Sabart responded that the road will deteriorate quicker with alligator cracking and snow plows picking up pieces of the road when snow plowing. Then you get to a deteriorated point where it costs more and iYs no longer able to be patched by blacktop and sidewalks need to be added, maybe with utilities. 16`h Avenue was replaced in 2010 and the special assessment 60% rate was$90/LF. That project included curb, gutter, and street where the city paid the storm sewer costs. Due to the current economy, there is favorable pricing in infrastructure improvements. Lyon commented that he's never"admired"a street and it didn't deter him from buying his property with only a gravel driveway. Attorney Jovanovich pointed out that home resale values are impacted by$8,000-10,000 with paved streets. Symanietz asked what happens with the State of Minnesota invoices. Weyrens said they will be assessed to the property and when they sell, it will be collected at that time. Bob Kroll requested that the City pay a larger portion of the assessment since the City allowed the truck traffic on 7th Ave SE. It is not the residents fault the street needs repair. Frank sympathizes with the situation but it can't be quantified. Sabart said that there are not tests to perform that show accelerated damage. Most of the streets in town are seven to nine-ton design whereas signs were placed in the neighborhood that it was a five-ton spring road limit so law enforcement had grounds to cite a party. You need to balance the community needs, a desire to protect the streets, and commercial interests(ie: garbage collection, parcel delivery vehicles, school buses). However, this doesn't suggest that road limits should be increased because of an overlay. The last reconstruction of 17th Avenue was in 1992, and included sewer, water, and street. Mayor Schultz commented that Sabart, Jovanovich and City Staff are simply messengers for the Council. The Council represents the residents. The deliverers of information are there at the Council's request. He is not familiar with the traffic situation of 7th. He has heard the concern that 40%of the City doesn't pay property taxes. The legislative people understand our situation and it's come up consistently. The City is following a proactive street maintenance cycle to avoid future larger costs. If residents want the City to pick up more of the tab, everyone's taxes will increase and 56%will pay and 44%will not. You can wait a few years(ie: Park Terrace) because they are waiting to package utilities and streets. The City is trying to avoid an overall reconstruction for these streets. Council members question expenditures that come across their desks and they make the best decisions they can with the information provided, not always being right or wrong. Realizing the demographics as an aging community with young kids, pipes and streets still wear out. Schultz continued that Summit ManagemenYs req uest would be more feasible at a later time. Regarding Elm Street and the properties on the Northeast side, the additional work over and above the current project would be hard to incorporate at this point in the project. Perhaps discussions are held next year in order to work through some of the issues with the annexation process. Summit is asking to piggy back with the contractor to provide efficiencies. Sabart assured that they can work with Summit to help negotiate the prices as provided to the City. Wick questioned the deferment for age 65+, how the amount needs to be over$3,000, yet not a lot of assessments in this project qualify for that. Any changes to that would need a City ordinance change and the City couldn't make an adjustment for this instance. What would be the right value for hardship? Weyrens could research what other communities do for deferral. July 9, 2013 Page 4 of 4 Wick commented if people come forward with this need, it could be further researched. Historically, Weyrens suggested that only two or three have been deferred, mostly because of the interest. Frank commented that the Public Works Department has purchased older used equipment. Thene shared that trucks are sometimes 15 years old at purchase. Loso looked at the cost of the project borne to the property owner and it seems as if everyone is hung up on percentages. He believes surrounding cities may be paying more. Weyrens mentioned St. Cloud just did 50% on a street project and commented that when people are looking at purchasing a home, they notice the condition of the street or if it will be assessed in the future. Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2013-026 adopting the final assessment roll as present, establishing a payment term of 10 years and an interest rate not to exceed 5.5%. The motion was seconded by Wick. Ayes: Wick, Loso, Symanietz, Frank Nays: None Abstain: Schultz Motion Carried 4:0:1 Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2013-027 accepting the low bid of Knife River in the amount of$312,501.25. The motion was seconded by Schultz and carried unanimously. Adjourn: Loso made a motion to adjourn at 7:45 PM; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator Council Agenda Item 5 b Cr►�'U[�t�m JckSN VH MEETING DATE: August 1, 2013 AGENDA ITEM: Bills Payable—Requested Action:Approve check numbers 046823-046867 and payroll EFT#000829-000833. SUBMITTED BY: Finance BOARO/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: See below BACKGROUND INFORMATION: The council approved staff to make the following payments through the payroll contracts, regular monthly invoices with due dates prior to the next scheduled council meeting,or actions taken at previous council meetings. The information here is to provide you all checks and electronic payments made for verification of the disbursement completeness. Bills Pavable—Checks Mailed Prior to Council Approval includes check numbers 046823 through 046848 and payroll EFT#000829-000833 in the amount of$132,418.15. Bills Pavable—Checks Not Mailed-Waitin�Council Approval includes check numbers 046849 through 046867 in the amount of$140,344.54. The bills payable include the following membership dues: St.Cloud APO $3,035.00 BUDGET/FI5CAL IMPACT: $272,762.69 various funds ATTACHMENTS: Request for Council Action—Bills Payable Bills Payable—Checks Mailed Prior to Council Approval REQUESTED COUNCIL ACTION: Approval of disbursements as presented. This page intentionally left blank CITY OF ST JOSEPH Bills Payable Check #Search NameCommentsAmountFUNDDEPARTOBJ 000829SENTRY BANK EE H SA w/h reg pp 15$1,039.05101 000830EFTPS Federal/FICA w/h reg pp 15$4,627.80101 000830EFTPS Federal/FICA w/h reg pp 15$4,466.87101 000831COMMISSIONER OF REVENUE State w/h reg pp 15$1,911.11101 000832PERA PERA w/h reg pp 15$8,511.12101 000833ING LIFE INS & ANNUITY COMPANYdeferred comp w/h reg pp 15$1,000.00101 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$14.8065100000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$2.2060100000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$6.4460300000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$11.6665200000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$48.3460100000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$13.5760300000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$3.0465100000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$42.6560200000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$31.0060200000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$6.7760200000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$7.7260100000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$74.6660300000 046823DEUTZ, MICHAEL reimburse overpayment of UB 03-531-00-8$36.0060100000 046824NYNA, LLC release escrow for landscaping McDonald's$5,350.0010141430 046825ALLIED WASTE SERVICES June Parks refuse services$57.1560343230384 046825ALLIED WASTE SERVICES June Fire Hall refuse services$41.9210542220384 046825ALLIED WASTE SERVICES June 90 gal refuse services$126.0060343230384 046825ALLIED WASTE SERVICES June WTP1 refuse services$57.1460343230384 046825ALLIED WASTE SERVICES June WTP2 refuse services$17.6360343230384 046825ALLIED WASTE SERVICES June 60 gal refuse services$8,463.5660343230384 046825ALLIED WASTE SERVICES June 30 gal refuse services$2,278.1260343230384 046825ALLIED WASTE SERVICES June recycling services$9,150.0060343230384 046825ALLIED WASTE SERVICES June PW Bldg refuse services$57.1560343230384 046826BP June/July fuel charges$271.3860249450235 046826BP June/July fuel charges$400.6210542220235 046826BP June/July fuel charges$452.6210145202235 046826BP June/July fuel charges$557.9060149440235 046826BP June/July fuel charges$510.0110143120235 046826BP June/July fed fuel tax rebate($23.26)10542220235 046826BP June/July fed fuel tax rebate($20.25)10145202235 046826BP June/July fed fuel tax rebate($28.64)60149440235 046826BP June/July fed fuel tax rebate($20.25)10143120235 046826BP June/July fed fuel tax rebate($27.44)60249450235 046827CITY OF WAITE PARK hotel/meal LMC conference - Symanietz$163.6510141110331 046828CONCRETE IDEA, INC. Pay Application #2 - 2013 sidewalk improvements$36,957.8220045202530 046829GOLD CROSS EDUCATION CENTER stand by event Level 2-FD$384.0010542240443 046830HARDRIVES, INC LV4 Rec Wear$107.0410143120220 046830HARDRIVES, INC LV4 Rec Wear$184.2310143120220 046831JOHN DEERE FINANCIAL bulb #11$26.6310145202230 046831JOHN DEERE FINANCIAL mower blade$163.6110145202210 046831JOHN DEERE FINANCIAL Berti mower hitch pin/parts,wing deck mower blade$771.5710145202230 046831JOHN DEERE FINANCIAL repair GATOR battery$101.5610143120230 046832LEAGUE OF MN CITIES INS TRUSTWorkers Comp deductible$350.8560149440300 046832LEAGUE OF MN CITIES INS TRUSTWorkers Comp deductible$350.8660249450300 046832LEAGUE OF MN CITIES INS TRUSTWorkers Comp deductible$59.6710143120300 046832LEAGUE OF MN CITIES INS TRUSTWorkers Comp deductible$59.6810145202300 046833MINNESOTA BENEFIT ASSOCIATIONAugust life insurance - Klein$63.34101 046834MINNESOTA TRAVEL MANAGEMENT June squad lease #7314$661.2010142152414 046834MINNESOTA TRAVEL MANAGEMENT June squad lease #7723$657.9010142152414 046834MINNESOTA TRAVEL MANAGEMENT June squad lease #7285$550.5010142152414 046835MOTOROLA, INC replace radio - Jacobsen$1,491.7510542250580 046836MVTL LABORATORIES, INC wastewater testing -Sulfide$50.0060249480312 046836MVTL LABORATORIES, INC wastewater testing -pH$14.0060249480312 046836MVTL LABORATORIES, INC wastewater testing Phosphorus$34.0060249480312 CITY OF ST JOSEPH Bills Payable Check #Search NameCommentsAmountFUNDDEPARTOBJ 046836MVTL LABORATORIES, INC wastewater testing -CBOD/TSS$78.0060249480312 046836MVTL LABORATORIES, INC wastewater testing -pH$14.0060249480312 046836MVTL LABORATORIES, INC wastewater testing -CBOD/TSS$78.0060249480312 046837NCPERS GROUP LIFE INSURANCE August life insurance - Marthaler$9.00101 046838OFFICE DEPOT PD folders/memo book/note pads$41.1710142120200 046839OFFICE TEAM Office Specialist week ended 7/12/13$840.0010141430300 046839OFFICE TEAM Office Specialist week ended 7/5/13$504.0010141430300 046840PFANNENSTEIN, HARVEY & CAROL TIF 2-2 Meat Market - 1st half payment$1,771.0515846500622 046841PLANTS AND THINGS USA 2nd half gazebo pmt - Cloverdale Park$4,291.1520545203531 046842SENTRY BANK TIF 2-1 Millstream Shops & Lofts - 1st half payment$17,102.5015746500622 046843SENTRY BANK-CREDIT CARD weed sprayer supplies$17.1710145202230 046843SENTRY BANK-CREDIT CARD shop supplies$71.2010145201210 046843SENTRY BANK-CREDIT CARD weed whip string$48.2610145202210 046843SENTRY BANK-CREDIT CARD county portal$3.1510141430300 046843SENTRY BANK-CREDIT CARD toner - PW$74.0810145201200 046843SENTRY BANK-CREDIT CARD binder combs/paper/labels$146.1910141430200 046843SENTRY BANK-CREDIT CARD budget binder$15.3410141530200 046843SENTRY BANK-CREDIT CARD WTP2 supplies$62.2060149421210 046843SENTRY BANK-CREDIT CARD PD Witmer Public Safety$99.9810142140331 046843SENTRY BANK-CREDIT CARD mail liquor licenses$19.9510141430322 046843SENTRY BANK-CREDIT CARD park supplies$55.5610145202210 046843SENTRY BANK-CREDIT CARD clutch nuts - weed whips$23.1610145202220 046843SENTRY BANK-CREDIT CARD mail wastewater samples$43.7260249480322 046843SENTRY BANK-CREDIT CARD city hall gate screws$0.9010141942220 046843SENTRY BANK-CREDIT CARD WTP2 hardware$6.0160149421220 046843SENTRY BANK-CREDIT CARD medical gloves - PD$99.9810142120211 046843SENTRY BANK-CREDIT CARD medical gloves - recode($99.98)10142140331 046843SENTRY BANK-CREDIT CARD 20 cent stamps/address corrections$11.7010141430322 046843SENTRY BANK-CREDIT CARD PD cable monitor/flash card$279.1410142120210 046843SENTRY BANK-CREDIT CARD rent floor cleaner-FD & supplies$74.0610542281410 046843SENTRY BANK-CREDIT CARD break room monitor$182.5310141942210 046843SENTRY BANK-CREDIT CARD blades for PW shop$15.0210145201210 046844SHIFT TECHNOLOGIES, INC. network service - PW net framework repairs/MS Office 10$289.9010145201215 046844SHIFT TECHNOLOGIES, INC. network service - cable AVG$90.1210141950215 046844SHIFT TECHNOLOGIES, INC. network service - PD new profiles$90.1210142120215 046845SPRINT NEXTEL- INVOICING squad mobile units 7/15-8/14/13$159.9610142151321 046846STREICHERS, INC pistol/magazines- Jansky$469.1710142120210 046847TDS METROCOM 7/13-8/12/13 analog telephone$48.3860249472321 046847TDS METROCOM 7/13-8/12/13 analog telephone$50.5260249473321 046847TDS METROCOM 7/13-8/12/13 analog telephone$51.0010145201321 046847TDS METROCOM 7/13-8/12/13 analog telephone$50.5260249471321 046847TDS METROCOM 7/13-8/12/13 analog telephone$98.9010141942321 046847TDS METROCOM 7/13-8/12/13 analog telephone$51.0010542250321 046847TDS METROCOM 7/13-8/12/13 analog telephone$48.3860249470321 046847TDS METROCOM 7/13-8/12/13 analog telephone$48.3860249480321 046848XCEL ENERGY gas/electric services 5/18-6/18/13$608.1360249480381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$84.3710542280383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$716.1610542280381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$34.0760249471383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$36.5960249480383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$66.2160149410383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$599.9660149410381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$463.6460149421383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$174.6160249470381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$51.2510145201383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$147.6910141941381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$28.5910145123383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$17.7110145123381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$308.6510145202381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$71.3510142610386 CITY OF ST JOSEPH Bills Payable Check #Search NameCommentsAmountFUNDDEPARTOBJ 046848XCEL ENERGY gas/electric services 5/18-6/18/13$2,729.4165243160386 046848XCEL ENERGY gas/electric services 5/18-6/18/13$216.7110141942383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$12.4210141941383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$66.2610143120381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$1,124.5310141942381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$27.9810143120383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$8.3510142500326 046848XCEL ENERGY gas/electric services 5/18-6/18/13$230.8560149435381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$843.5060149420381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$70.9260149420383 046848XCEL ENERGY gas/electric services 5/18-6/18/13$3,379.5060149421381 046848XCEL ENERGY gas/electric services 5/18-6/18/13$44.1810145201381 Total Bills Payables - Mailed Prior to Council Approval$132,418.15 CITY OF ST JOSEPH Bills Payable Check #Search NameCommentsAmountFUNDDEPARTOBJ 046849C & L EXCAVATING, INC July compost permits$375.0060343230300 046850CITY OF ST. CLOUD June 99 biosolids debt$1,153.8960249480419 046850CITY OF ST. CLOUD June wastewater treatment$13,924.4860249480419 046850CITY OF ST. CLOUD June SIS III debt$1,508.0060249480418 046850CITY OF ST. CLOUD June PFA loan$23,603.0060249480418 046850CITY OF ST. CLOUD June Tri-City lift station/SIS I/II debt$7,854.0060249480418 046851GOODIN COMPANY air filters/couplings - WTP2$110.5660149421210 046852HAWKINS, INC wastewater treatment Aqua Hawk$1,640.5460249480210 046852HAWKINS, INC WTP1 treatment - Axone15$221.6060149420210 046852HAWKINS, INC WTP2 treatment - Azone15, buffer solution, aqua hawk$1,417.0460149421210 046853HENRYS WATERWORKS INC 12 meters and parts$4,529.2660149430210 046854KEEPRS, INC/CY S UNIFORMS 2 oz freeze - Klein$17.5210142120171 046854KEEPRS, INC/CY S UNIFORMS bullet proof vest/shirt-Mandersheid$1,060.2510142120171 046854KEEPRS, INC/CY S UNIFORMS cold cord - Vernier$12.1710142120171 046854KEEPRS, INC/CY S UNIFORMS bullet proof vest/shirt-Vernier$1,162.8510142120171 046855MANEY INTERNATIONAL INC. strobe light for gator trailer$140.9344945202580 046856MIDWAY IRON AND METAL, INC steel tubes - streets$16.6910143120210 046857MINNWEST BANK TIF 2-1 Millstream Shops & Lofts-1st half TIF pmt$17,102.5015746500622 046858RENGEL PRINTING, INC business cards - Klein$75.1710142120350 046859RIDGEWOOD CONTRACTING, LLC Cloverdale crushed concrete/class 5 - 24.41 tons$155.9520545203531 046860SEH, INC June APO$387.2010143131303 046860SEH, INC June general engineering$771.2010143131303 046860SEH, INC June MN St annexation$30.6010141910303 046860SEH, INC June CR2 trail$198.9020045202303 046860SEH, INC June Church expansion$107.1010143131303 046860SEH, INC June Telecomm upgrades$847.5010143131303 046860SEH, INC June ACIS green space$45.9010143131303 046860SEH, INC June DBL Labs$61.2010143131303 046860SEH, INC June 2013 sidewalk improvements$11,491.0620045202303 046860SEH, INC June 2013 street improvements$3,713.7044843120303 046860SEH, INC June Professional Plat$198.9010143131303 046860SEH, INC June pump station evaluation$378.0060249480303 046860SEH, INC June SW trunk sewer extension$1,311.0060249490303 046860SEH, INC June trail maintenance plan$76.5010145202303 046860SEH, INC June MS4 permit$229.5065149900303 046860SEH, INC June GIS updates$301.5065149490303 046860SEH, INC June alley repairs$61.2010143131303 046860SEH, INC JuneHill St water/water connections$229.5060149440303 046860SEH, INC June CR2 extension$2,311.7620045202303 046861ST. CLOUD AREA PLANNING ORG. 2nd half 2013 APO dues$3,035.0010141110433 046862ST. JOSEPH PLUMBING & HEATINGzone valve on sprinkler$190.0010145202220 046863STEARNS COUNTY AUDITOR-TREASUR2013 assessor fee$22,967.5010141550300 CITY OF ST JOSEPH Bills Payable Check #Search NameCommentsAmountFUNDDEPARTOBJ 046864STEARNS COUNTY HIGHWAY DEPARTMCR2 trail payment$14,798.1820045202530 046865STEARNS COUNTY SHERIFF S DEPT.2nd quarter MDT units$227.5210142151320 046866TIREMAXX SERVICE CENTERS tire repair - squad 703$18.9510142152230 046867ZEP MANUFACTURING, INC trash bags, scent, cerise$68.4460149440210 046867ZEP MANUFACTURING, INC trash bags, scent, cerise$68.4560249450210 046867ZEP MANUFACTURING, INC trash bags, scent, cerise$68.4410143120210 046867ZEP MANUFACTURING, INC trash bags, scent, cerise$68.4410145202210 Total Bills Payables - Mailed Prior to Council Approval $140,344.54 Total Bills Payables $272,762.69 This page intentionally left blank � crr�'UF h'T.J03F.PH Council Agenda Item 5 C MEETING DATE: August 1, 2013 AGENDA ITEM: Millstream Arts Festival—Street Closure Request SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Each year the Council receives and approves a similar request as the event has not caused disruption in the City. BACKGROUND INFORMATION: The Millstream Arts Festival will be held on September 29, 2013 between 11:00 AM and 5:00 PM. The artist will set up early that morning. In order to provide a safe environment,the Millstream Arts Committee has requested authorization to close Minnesota Street from 2"d Avenue NW to the eastern edge of the Millstream Shops and Lofts and College Avenue North, north to the east/west alley(% block). The Committee does have a plan for detour and will work with Stearns County and the St.Joseph Police Department. Since Minnesota Street is a County Road,County approval is needed as well as City approval. The organizers will be securing approval of Stearns County and requesting City approval. As with the St. Joseph Parish,a certificate of insurance will be provided naming the City and County as insured. The Committee has also provided the City with the proposed detour which is part of the Stearns County Application. The Millstream Committee will be in contact with the property owners affected by the Millstream Arts Festival. With regard to St.loseph's church,the committee will be opening the road for access to the parking lot and closing the parking lot after the 10:00 AM mass. ATTACHMENTS: Request for Council Action Stearns County Road Closure Application Map of Area Millstream Arts 2013 Information REQUESTED COUNCIL ACTION: Authorize the Administrator to execute the Street Dance Road Closure Permit Application as presented to allow the Millstream Arts Festival to utilize MN Street and College Avenue North for the event to be held on September 29, 2013. This page intentionally left blank STREET DANCE ROAD CLOSURE PERMIT APPLICATION Road# CR 2, MN Street and College Avenue N Name of City St. Joseph Date of Closing September 29, 2013 Sponsoring Organization Millstream Arts Festival Time of Closing: Beginning 6:00 AM Ending 8:00 PM _ Event Coordinator Mike McDonald Telephone 320-363-4173 _ th Address 213 – 13 Ave SE; St. Joseph MN 56374 _ A map of the proposed road closed area and detour route shall accompany the application. Permission is hereby granted to close the roadway on the above referenced highway, subject to the following provisions: I. That a specific time and date is set for the road closure and such use shall not exceed 14 Hours. 2. That a definite detour route is established. 3. That adequate police coverage of the closure and direction of the detour traffic is available. Coordination with local police and the Steams County Sheriff is required. 4. That the detour route is marked with standard traffic control signs so as to leave no doubt as to the intended route. Failure to provide adequate signing may result in the Steams County Sheriff ordering the highway reopened to traffic. 5. That no stands, buildings, tents or other encroachments be permitted within the highway right of way. 6. That the event coordinator be responsible for all costs involved, including providing police coverage for traffic control. 7. That the event coordinator shall be responsible for all Necessary Street cleaning to Steams County's satisfaction. Date: Requested By: Signature and Title of Local Authority Date: Requested By: Signature and Title of Local Authority A representative of the Steams County Highway Department may arrange to meet with the applicant and review the proposed closure area and detour route prior to the date of the street dance. cc: Area Maintenance Engineer Stearns County Sheriff IS Mint 0 ;IBA" al mum m gifi tir i 1 I 1, ...,' aux . i■rrr, =So IN miii 11 111111 ;��t Ralitiu. 1 4: al -isas i ' - 4ft $ it.... , , ' '; 1.0 ,...., i 11 N ..fit 1 ' ' ow 0 uni=4 111116. / Mt am nut - ► tai 'Ji 111111 . V min . tom aim- 44 i /it" --- IIKE 111 si i 4 - Ig irl4W/ 1 ..7- 111i ‘tV litillil IIII Ilia liiiiiii , -' 4 , , i,Lx.--PL--: ititr,,-of • iiiitri 13- , - - - • -. n MN al ...' ti‘ftV .11141111111111 slillnirra l i mi ... -- ' ••ti‘ttt IIIILN "ni & or Oil 0 - - . 10 .:: .. asalui MIN FT, 111 "... e. ti A '' ' MINI' milg iippi .***1 0-ii. sit 0 to _ --� ' 1 ► . ,•.• � •,::, A t t u :pair .�-• —' .. �: � ',.. . I & It% Vitt il MO = I II�r MNr ,L,............... wil kr. iidni iti_._ eirn. a ......, ..... o w, f p li tiAloc i` t it .=1=i, E � N. tst1i N i I : 411111 wit - 14 ,,,,,,ITIMIIrrllHUI 1 I L �-- ; •• Mt0 -- 111111, PO 011,t IL-' Mir IMIIII _ r 1 t r 1 r► la IIMI ' _ -1- ` -� .� �11�► �_ :: ..: - — 7 f - - - mat , 1161/ ;/ OP T. Jt1SEPH �� r 11 [VESC�T Q , . . 864 C 4 1o�uRe- 9 {b} + OL 6(a) Council Agenda Item MEETING DATE: August 1, 2013 AGENDA ITEM: Agency Agreement SUBMITTED BY: Administration / Engineering BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council solicited and was awarded federal funding for the extension of the West MN Street trail for funding year 2015. BACKGROUND INFORMATION: The City has received federal funding for the trail extension on West MN Street. The funds are actually released to MnDOT and the City is then reimbursed as the project expenses occur. MnDOT is requesting that the City execute the agency agreement that allows them to accept the funds on behalf of the City of St. Joseph. The funds will not be available until 2015. This is a procedural requirement. ATTACHMENTS: Request for Council Action Resolution 2013-030 Agency Agreement Agency Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2013- 030, Agency Agreement allowing MnDOT to act on behalf of the City of St. Joseph. This page intentionally left blank CITY OF ST. JOSEPH RESOLUTION 2013-030 Agency Agreement Project: MnDOT Agreement 02399 BE IT RESOLVED, that pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of St. Joseph to accept as its agent, federal aid funds which may be made available for eligible transportation related pojects. BE IT FURTHER RESOLVED, the Mayor, Rick Schultz and the City Administrator, Judy Weyrens, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 02399” a copy of which said agreement was before the City Council and which is made part hereof by reference. st 1 August 2013 Adopted by the council thisday of,. ____________________________ Rick Schultz, Mayor ____________________________ Judy Weyrens, Administrator STATE OF MINNESOTA CITY OF ST. JOSEPH I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented st and adopted by the City of St. Joseph at a duly authorized meeting thereof held on the 1 day of August, 2013, as shown by the minutes of said meeting in my possession. Judy Weyrens, Administrator Notary Public My Commission Expires (Seal) Signature, Date Judy This page intentionally left blank MnDOT Agreement No. 02399 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. JOSEPH FOR FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of St. Joseph and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City agent in accepting federal funds on the City behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and This agreement is intended to cover all federal aid projects initiated by the City and therefore has not specific State Project number tied to it, and The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY A. DESIGNATION. The City designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website B. STAFFING. 1. The City will furnish and assign a publicly employed licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be perFormed under any construction contract let for the Project(s). In the alternative where the City elects to use a private consultant for construction engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project(s). The services of the City to be perFormed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. (MnDOT Agreement No. 02399) Page 1 2. During the progress of the work on the Project(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co-principal with respect to the Project(s). C. LETTING. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit bids after obtaining written notification from MnDOT that the Federal Highway Administration ("FHWA") has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by MnDOT. 3. The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the required language for federal-aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4. The City may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). 5. The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive and open bids. 7. After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Equal Employment Opportunity Office. D. CONTRACT ADMINISTRATION. 1. The City will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in (MnDOT Agreement No. 02399) Page 2 accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. 2. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the City to be perFormed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 4. The City will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was perFormed. 5. The City will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The City will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 6. The City may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work perFormed under a supplemental agreement unless MnDOT has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 8. The City will prepare reports, keep records, and perForm work so as to enable MnDOT to collect the federal aid sought by the City. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. 9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. E. PAYMENTS. (MnDOT Agreement No. 02399) Page 3 1. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. 2. The City will prepare partial estimates in accordance with the terms of the � construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the City will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 3. Following certification of the partial estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified partial estimate. 4. Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5. Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. F. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' (MnDOT Agreement No. 02399) Page 4 Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub-contractor. . 4. Utilities. The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. G. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of seven years. The City will be responsible for any costs associated with the performance of the audit. H. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent for acceptance and disbursement of federal funds; and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. J. Federal Funding Accountability and Transparency Act (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. 1. Reporting of Tota! Compensation of the City's Executives. a. The City shall report the names and total compensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received: (MnDOT Agreement No. 02399) Page 5 i. 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the lnternal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.aov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. b. Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This (MnDOT Agreement No. 02399) Page 6 number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedqov.dnb.com/webform/ 4. The City's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the City unless and until the City is in full compliance with the above requirements. II. DUTIES OF MnDOT. A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTIVITIES. 1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs � pursuant to the terms of this agreement. 2. MnDOT will provide to the City copies of the required Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid provisions to be included in the Proposal for Highway Construction. 3. MnDOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. 4. MnDOT will provide the required labor postings. C. PAYMENTS. 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. MnDOT will reimburse the City, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project(s), MnDOT will perForm a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the City for the Project(s). 4. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is (MnDOT Agreement No. 02399) Page 7 able to process the federal aid reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VII. CANCELLATION. This agreement may be canceled by the City or MnDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfactorily perFormed on the Project to the date of cancellation subject to the terms of this agreement. VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data gathered, collected, created, or disseminated related to this Agreement. Remainder of this page left intentionally blank (MnDOT Agreement No. 02399) Page 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF ST. JOSEPH 2. DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by applicable articles, By: bylaws, resolutions or ordinances Title: Director BY� State Aid for Local Transportation Title: Date: Date: 3. COMMISSIONER OF ADMINISTRATION By: By: Title: Date: Date: (MnDOT Agreement No. 02399) Page 9 Judy This page intentionally left blank 6(b) Council Agenda Item MEETING DATE: August 1, 2013 AGENDA ITEM: Crack Fill SUBMITTED BY: Terry Thene, Public Works Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Part of the City budget includes a line item for Street Maintenance and is part of the CIP. BACKGROUND INFORMATION: The Street Maintenance CIP balance for Seal Coating/Crack filing is $ 40,600. The proposal for 2013 is to expend $ 30,000 to perform maintenance on the streets highlighted on the map attached to this memo. BUDGET/FISCAL IMPACT: $ 30,000.00 ATTACHMENTS: Request for Council Action Location Map REQUESTED COUNCIL ACTION: Authorize the 2013 Crack filing. This page intentionally left blank RROPOSAL �* K 13-Q72 P.U. BOX 1025 ST. GLOUQ, MN 563Q2 ASPHALT SURFACE 320-363-85Q0 FAX: 320-363-$70Q TECNNO�OGIES An Equai Opportunity Empioysr C(3RPORATiC?N PROPQSAL SUBMITtED TO PNONE OATE Cl'I'Y OF ST.JOSEPH 363-72Q1 7-1?-13 STREET JOB NAME P.O.BOX 668 CItACK FILLING CITY.STATE,ZIP CODE JOB IOCATION ST.JOSEPH,MN 56374 CITY STREETS ARCM►TECT DATE OF PLANS JOB PHONE ATT,TERRY FAX 363-0342 11248-6669 we nereuy auomH spec.�t'ic�atians�nd esamates tor. GR,ACK FILLING TC) MNDOT SPEC.3723 All new cracks will be muted out 3/4 X3/4 or I"X 1"as needed All cra�cks are w be blown clean by means of campressed air. All c�ics are w be filled with hot pour rubberiz�ed crack filler per manufacturers specificatiaca�s. All craakfiller will be caverc�d with single pty�paper,after it is installed Traffic will not be aliowed�m�ea until material has cured properl�+. IT WILL TAKE APPRC?XIMATFLY 9,OOQ Ibs TO ROUT THE CRAGKS WE TALKED ABOUT. IT WII,L TAKE APPROXIMATELY 9,000 lbs TO BL4W AND FILL THE CRACKS WE T,ALKED ABOUT. IF YQU HAVE ANY QUESTIONS GALL ME. �►cfse� -�s l�S.apo X f. !� Z 30,oo a if proposal is aoceptad please siyn and roWrn o�e copy.Thank you. WE PRO!'08E hetsby to fumish materiai end labar-oomplete in acoardsnca with above speciticationa,tor the aum of: doliars(S I.62 pet pOtttld � ray�ac w be wae u ra►wrs: UPC1N RECEIPT ...�-�''�� nr��g�saa co 00�ec�rrea.�a w�or��o w co�d�s ° rrorkman�cs msrw��.ocaoing to su�nama vrawces.,�ny�a�on or ci�ion s�,� fi+om a�ove spseMications involvinp extra c�ts wis bs anea�led oMy upan wriuen oMSrm,u�d wNl benorta a�extrs cha�s over a�d above ttie t�sUmate.Atl NOTE:This propaasi maY bo withdraam by us N not a0n�ements coniinOeM uPOn aUikes.sa��sMS.or ds1sYE deYond ax oa�troi. 34 Owner to c�y fwa.tortiado�d�her nscessarY kiwnnoe.Ow wwksrs are aooePted� days. WNy oo+rara�d by Worlunen's C4mpensation h�rf�. 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I O � , � C.i `� �p �r= o '� ; � � �, OD pm \rTl �Z --- ------1-----. — --- --------- --------- ---------r---------�--------- O �O , I � � o g Q , i ' , __. i I � � 2 G� I � �m � � � , I � � �� - ------------- ----------------- ------------------{-------------- -------------+--- --- 8(a) Council Agenda Item MEETING DATE: August 1, 2013 AGENDA ITEM: Park Board = 5K SUBMITTED BY: Administration / Park Board BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Park Board has been working on starting some active recreation program, such as the winter event and now they are looking at a 5K in conjunction with the Millstream Arts Festival. The Park Board approved an expenditure budget of approximately $ 2,600 with a revenue budget of $ 3,200. PREVIOUS COUNCIL ACTION: The 2013 CIP for the Public Works Department included $ 6,000 for Park Development. As is customary, after the budget is approved and we are in the budget year the appropriate capital improvement funds are transferred. Therefore, the Council approved a transfer of $ 6,000 for park development from the General Fund to the Park Fund. The funds were specifically targeted for Park Development. BACKGROUND INFORMATION: During the discussion of the Park Board 5k, the Board discussed the need for a budget to plan the 5K and indicated they were going to use part of the $ 6,000 budget CIP transfer for seed money, with anticipation of reimbursing the funds from participation fees. However, since the Council approved the transfer for a specific purpose, it can only be used for that purpose and any other use would have to be approved by the City Council. While the Council can designate the funds for the event, another option is to use the funds in the gambling fund that were turned over to the City a couple of years ago. There is approximately $ 4,000 in the fund that is not designated for winter recreation. If the registrations did not cover the costs the Park Board would reserve their Park Development money by using the gambling funds. The funds received were a one time contribution. ATTACHMENTS: Request for Council Action Park Board Budget REQUESTED COUNCIL ACTION: Accept the budget for the 2013 5k Run and designate which funds will be utilized. This page intentionally left blank 7/26/2013 To: Judy Weyrens, St. Joseph City Administrator St. Joseph City Council From: John Anderson, St. Joseph City Park Board Chair Re: Authorization on the use of funds from General Fund The St. Joseph Park Board in collaboration with the College of St. Benedict is in the planning process for the Millstream 5K run/walk to take place the morning of and th preceding the Millstream Arts Festival on September 29. The 5K will involve some upfront costs including; professional race timing by Pickle Events; Tee shirts for participants; and awards including medals and overall trophy. Preliminary estimates on these costs are as follows Race timing by Pickle Events $1200.00 150 T-shirts @ $7.00 each $1050.00 Awards 42 medals @ $4.00 $168.00 Overall champion trophies male + female $50.00 Promotional Costs $200.00 Total $2668.00 These costs will be offset by registration fees paid by participants but as this is a first time event the amount of the offset is by no means guaranteed. We have several factors that will help this be a successful event. St. Bens is promoting and sponsoring the children’s 1K run/walk to happen on the same morning at no cost to participants and Millstream weekend is also St. John’s Homecoming weekend. Preregistration estimate 100 participants @ $20.00 per participant $2000.00 Same day registration 50 participants @25.00 per participant $1250.00 Total $3250.00 These costs and revenue projections are based on my experience, as an organizer of the Granite City Days 5K, run in June 2013 as a first time event. A wildcard that is not predictable is of course the weather, but my experience has proven that 5K participants are a hardy lot. We would ask that any amount over the actual expense be used for park improvements. This page intentionally left blank 9(a) Council Agenda Item MEETING DATE: August 1, 2013 AGENDA ITEM: Sign Removal SUBMITTED BY: Administration / Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Public Works Director contacted Justin Honer to receive a quote on removing the existing sign on College Avenue and CR 2. The sign is obsolete and the cost to install a new sign is approximately $ 100,000. Rich Feneis tried to solicit sponsors to help finance the sign and was unsuccessful. If Feneis would have found sponsors the sign would have been demolished and revamped as well. Therefore the City can still purse some type of sign at this intersection. ATTACHMENTS: Request for Council Action Quote for demolition REQUESTED COUNCIL ACTION: Accept the quote from Honer Excavating and demolish the sign at CR 2 and 75 using Refuse funds. This page intentionally left blank JUSTIN HONER EXCAVATING EStI I�YI�te P. O. BOX 242 ST JOSEPH MN 56374 Date Estimate# OFC 320-363-1227 4/9/2013 iao FAX 320-363-8680 Name/Address CITY OF ST. JOSEPH BOX 668 ST.JOSEPH,MN 56374 Project Description Qty Cost Total MISCELLANEOUS EXCAVATING AND SIGN REMOVAL 1,000.00 1,000.00 hammer OUT LARGE CONCRETE BASE AND WITH HOLE 500.00 500.00 WITH FILL AND BLACK DIRT Thank you for your business. Total $l,soo.00 This page intentionally left blank 9(b) Council Agenda Item MEETING DATE: August 1, 2013 AGENDA ITEM: Golf Cart Ordinance SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council reviewed a draft Recreational Vehicle Ordinance at the July 18 Council meeting and requested clarification on the policy of Stearns County regarding the use of golf carts. BACKGROUND INFORMATION: In discussing the matter with Jodi Teich she stated that the County does not allow golf carts on County Roads and she is unaware of any provision that provides relief in Melrose. She further stated that the County could not make an exception for one community as they would have to create an Ordinance, similar to what St. Joseph did. She would not recommend allowing such as County Roads typically have more traffic and the different types of vehicles are not always compatible. The County Board has an open to the public portion on their agenda where someone could ask the Commissioners to consider creating such an Ordinance. If the County does so, it would be easy to amend the St. Joseph Ordinance as very few sections would change. Without an Ordinance Golf Carts are not permitted on City Streets, with the Ordinance they can at least ride on City Streets until a time when/if the County creates a mechanism. A question arose as to what “jurisdiction” meant. This matter was referred to Tom Jovanovich for clarification. He stated that the County controls the speed limit, the maintenance (when/what) is completed, and access; therefore it is under their jurisdiction, no different than CR 75. Even though the City has a maintenance agreement, it is still under the jurisdiction and control of Stearns County. ATTACHMENTS: Request for Council Action Golf Cart Ordinance REQUESTED COUNCIL ACTION: Provide direction to staff This page intentionally left blank CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL TERRAIN VEHICLES AND SNOWMOBILES. Section 90.01: PURPOSE. Subd. 1. The purpose of this Ordinance is to provide for reasonable regulations for the use of special and recreational motor vehicles on public and, in conformance with private property. Subd. 2. This Ordinance is not intended to allow what the Minnesota Statutes prohibit or to prohibit what the Minnesota Statutes expressly allow. Subd. 3. This Ordinance adopts the regulatory provisions of Minnesota Statutes, Section 84.81 to 84.929, 169.974, 169.223, 171.01 and 171.02 as amended from time to time. Subd. 4. The provisions of this Ordinance are intended to ensure the public safety and prevent a public nuisance. Section 90.02: DEFINITIONS. For purposes of this Ordinance, the following terms have these definitions: Subd. 1: All Terrain Vehicle. All terrain vehicle or "ATV" means a motorized flotation tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2. Commissioner shall mean the Commissioner of Natural Resources. Subd. 3. Designated Roadways shall mean streets and avenues under the jurisdiction of the City of St. Joseph not specifically excluded in this section. It does not include federal, Minnesota or County highways or roads. Subd. 4. Driver. The person driving and having physical control over the motorized golf cart, all-terrain vehicle or snowmobile and being the licensee. Subd. 5: Medium Speed Electric Vehicle means any electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater, and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal Regulations, title 49, section 571.500, and successor requirements. 0 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Subd. 6: Motorized Golf Cart: Any passenger conveyance being driven with three or four wheels with three or four low pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds. Subd. 7. Neighborhood Electric Vehicle means an electrically powered motor vehicle that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour, but not more than 25 miles per hour on a paved level surface. Subd. 8: Owner. Owner means a person, other than a person with a security interest, having a property interest in or title to an all terrain vehicle and entitled to the use and possession of the vehicle. Section 90.03: PERMIT. No person shall operate a motorized golf cart, neighborhood electric vehicle on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein. Subd. 1. Every applicant for a permit shall be made on a form supplied by the City of St. Joseph and shall contain all of the following information: (a)The name and address of the applicant (b)Model name, make and year and number of the motorized golf cart, all-terrain vehicle or neighborhood electric vehicle. (c)Current driver’s license or reason for not having a current license. (d)Proof of insurance (e)Other information as the city may require. Subd. 2. The annual permit fee shall be as set forth in Appendix A of the St. Joseph Code of Ordinances, which may be amended from time to time. Subd. 3. Permits shall be granted for a period of one year and my renewed annually January 1 to December 31. Subd. 4. No permit shall be granted or renewed unless the following conditions are met: (a)The applicant may be required to submit a certificate signed by a physician, that the applicant is able to safely operate a motorized golf cart or all-terrain vehicle on the roadways designated. (b)The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for golf cart, neighborhood friendly vehicle or all-terrain vehicle. 1 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (c)The applicant has not had his/her driver’s license suspended, revoked or cancelled as a result of criminal proceedings. Section 90.04. GENERAL PROVISIONS. Subd. 1. Traffic Laws. Snowmobiles, golf carts, neighborhood electric cars and ATV’s shall yield to all other vehicles and traffic including pedestrians at all intersections and shall abide by all signs governing the operation of motor vehicles within the limits of the City of St. Joseph. Subd. 2. Private Property. It is unlawful to operate an ATV on private property without the permission or consent of the owner or occupant. Subd. 3. Operation by Minors. (a)It is a misdemeanor for any person under the age of fourteen years to operate a snowmobile, neighborhood friendly electric car, or ATV or vehicle or means of transportation not licensed for Minnesota streets and highways on streets or other public property. (b)A person fourteen years or older, but less than eighteen years of age, may operate a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of transportation not licensed for Minnesota Streets and highways on the streets of the City of St. Joseph only if he/she has in his/her immediate possession a valid driver license, permit or certificate for the operation of said snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of transportation. Subd. 4. Operation on Roadways and Public Rights of Way. Snowmobiles, golf carts, neighborhood friendly vehicles or ATVs or other vehicle or means of transportation only as herein specified. It is unlawful to operate a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of transportation upon roadways or public lands as follows: (a)At a speed in excess of fifteen (15) miles per hours. (b)Other than single file on a roadway (c)Carelessly or Recklessly (d)On a public sidewalk provided for pedestrian travel. (e)On boulevards within any public right of way. (f)Public Property – on any other public property including Parks and Recreational areas, except as the City Code may specifically permit. 2 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (g)Alcohol and Drugs. No person shall operate a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of transportation within the City limits at any place while under the influence of alcohol or drugs, as defined by Minnesota Statute §169A.20, which is incorporated by reference. Section 90.05. DRIVING, OPERATING OR CONTROLLING OF A MOTORIZED GOLF CART/NEIGHBORHOOD FRIENDLEY VEHICLE. A motorized golf cart or neighborhood friendly vehicle may be driven, operated or controlled on the roadways or shoulders of roadways under the jurisdiction of the City of St. Joseph, but not those under the jurisdiction of Stearns County or the State of Minnesota and except such roadways prohibited by resolution of the City Council and only in strict compliance with this section. (a)Motorized Golf Carts / Neighborhood Friendly Vehicles may only be operated between sunrise and sunset. (b)Motorized Golf Carts / Neighborhood Friendly Vehicles shall display the slow- moving vehicle emblem provided for in Minnesota Statute §169.045, as it may be amended from time to time. (c)Motorized Golf Carts / Neighborhood Friendly Vehicles shall be equipped with a rear view mirror to provide the driver with adequate vision from behind as required by Minnesota Statute §169.70. (d)The driver of a motorized golf cart / neighborhood friendly vehicle may cross any street or highway intersecting a designated roadway. (e)Every person operating a motorized golf cart or neighborhood friendly vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provision of Minnesota Statute Chapter 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts or neighborhood friendly vehicles and except as otherwise specifically provided in Minnesota Statutes §169.045 (7), as it may be amended from time to time. (f)The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this Section or Minnesota Statutes Chapter 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized goldgolf cart or neighborhood friendly vehicle on the designated roadways. (g)The number of occupants on the golf cart, or neighborhood friendly vehicle may not exceed the design occupant load. Section 90.06. UNLAWFUL ACTS OF MOTORIZED GOLF CART / NEIGHBORHOOD FRIENDLY VEHICLE OPERATION. No motorized golf cart or 3 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES neighborhood friendly vehicle shall be driverdriven, operated, or controlled on the roadways or shoulders of roadways under the jurisdiction of the City of St. Joseph under the following circumstances: (a)Between sunset and sunrise unless the original equipment includes headlights and taillights. (b)In inclement weather, when visibility is reduced or impaired by weather, smoke, fog, or other conditions or at any time when there is insufficient light clearly to see a person or vehicle on a roadway at a distance of 500 feet. (c)Without a prominent display of a slow moving vehicle emblem as provided in Minnesota Statute §169.522. (d)Contrary to any provision of this City Code, County, State, and Federal Law Section 90.7: DRIVING, OPERATING, OR CONTROL OF ATVS. ATVs may be driven, operated or controlled on the roadways or shoulders of roadways under the jurisdiction of the City of St. Joseph, but not those under the jurisdiction of Stearns County or the State of Minnesota and except such roadways prohibited by resolution of the City Council and only in strict compliance with this section. Subd. 1: Hours of Operation. No all terrain vehicles shall be operated within the City limits of the City of St. Joseph during the following hours: Between the hours of 8:00 p.m. and 8:00 a.m. Subd. 2: Mufflers. All terrain vehicles operated within the City shall be equipped with properly working mufflers of the type and kind installed by the manufacturer, or a muffler which is equivalent to that of the manufacturer in reducing engine noises. Subd. 3: Operation on Private Property. All terrain vehicles shall not be operated on privately owned property within the City unless the operator of the ATV is the owner of the property, or has the express permission of the owner to so operate. Subd. 4: Operation on Sidewalks. No ATV shall be operated on a public or private sidewalk located within the City, except for the purpose of making direct crossing of the sidewalk. A direct crossing of a sidewalk shall be made at an angle of approximately 90 degrees to the sidewalk, and the operator shall bring the ATV to a complete stop before crossing the sidewalk and yield to any pedestrian or bicycle traffic on the sidewalk. Subd. 5: Equipment. All ATVs operated within the City must be equipped with a headlight, taillight, side reflectors and brakes meeting the requirements of Minn. Stat. §84.928 and the rules and regulations of the commissioner promulgated pursuant to the statute. Any ATVs operated within the City shall be done so with their headlight and taillight on and properly operating. 4 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Subd. 6: Streets. All persons operating an all terrain vehicle on any streets or roadways located within the City shall have a valid driver's license of the State of Minnesota or another state where the operator's driving privileges are recognized by the State of Minnesota. This provision is subject to the following exceptions: a) Operators 16 years of age or older may make a direct crossing of a street or roadway as described in paragraph c) of this subdivision. b) Persons over the age of 12 may make a direct crossing of a street or roadway as described in paragraph c of this subdivision, if the operator possesses a valid safety certificate issued by the commissioner or is accompanied by a person 18 years of age or older who possesses a valid Minnesota driver's license. c) A direct crossing of a street or roadway shall be made at an angle of approximately 90 degrees to the street or roadway after the operator of the ATV has brought the vehicle to a complete stop. Direct crossings shall be made in an area where the traffic traveling on the street or highway has an unobstructed view of the ATV operator. The ATV operator shall yield to all vehicles on the street or highway before crossing. Subd. 7: Alleys. All terrain vehicles may be operated in public alleys within the City if the operator is 16 years of age or older or if the operator is 12 years of age or older and in possession of a valid safety certificate issued by the commissioner. The maximum speed that all terrain vehicles may be operated in a City alley is ten (10) m.p.h. Operation within a public alley shall be limited to purposes of ingress and egress to and from private property abutting the alley. Operators shall not drive an ATV back and forth in an alley, nor use the alley for recreational driving purposes. Subd. 8: Applicability of Motor Vehicle Laws. All ordinances enacted by the City of St. Joseph regulating the use and operation of motor vehicles shall apply equally to the operation of all terrain vehicles, unless those other ordinances are directly contrary to the provisions of this Ordinance. Subd. 9: Speed Limit on Streets. It is unlawful to operate an ATV on a street or public roadway within the City at a speed greater than fifteen (15) miles per hour. Section 90.8: OPERATION OF ATVS ON PUBLIC PROPERTY AND PARKS. It shall be unlawful to operate all terrain vehicles on any City property or within City parks, except as provided herein: Subd. 1: All terrain vehicles may be operated on City streets and alleys as provided in Section 90.04. Subd. 2: All terrain vehicles may be operated in specially designated areas on City property or within City parks, subject to the following conditions: 5 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES a) The area of operation must clearly be designated by posted signs as an area where all terrain vehicles are allowed. The use of the all terrain vehicle is limited to the designated area and any paths designated for purposes of ingress and egress to the designated operation area. b) Persons operating in designating park areas must be 16 years of age or older, or must be 12 years of age or older, and in possession of a valid safety certificate issued by the commissioner, or must be 12 years of age and older and accompanied by a parent or guardian. c) All operators and passengers under the age of 18 must wear a helmet of a type approved for use by the Commissioner of Public Safety d) Operators must drive at a reduced speed and maintain a safe distance when approaching any pedestrians located within the park areas. e) Persons operating or riding on ATV's on City property do so at their own risk. The City assumes no liability for the condition of the property or the conduct of others. Subd. 3. Equipment. It is unlawful to operate an ATV unless it is equipped with the following: (a)At lead one head light and one tail light, each of minimum candle powers prescribed by rules of the Commissioner of Conservation. (b)Headlights and tail lights lighted at all times. (c)Must be equipped with brakes, throttle, mufflers that may not exceed 99 decibels at a distance of twenty (20) feet and lights that must be on at all times. 90.09 DRIVING, OPERATING, OR CONTROL OF SNOWMOBILES. Except as herein specifically permitted it is unlawful to operate a snowmobile within the corporate limits. Subd. 1. Public Rights of Way: (a)Extreme Right Hand Side: On the portion of any right of way of nay public roadway, street or thoroughfare, except the most right hand side, in the same direction as the traffic of the adjacent lane to the operator’s left; other than on freeways, interstates, trunk, County State aid or County highways. (b)Outside Slope of Borrow Pit: Snowmobiles may also be operated on the outside slope or bottom of a ditch of a trunk, County State aid or County highway where such highway may be configured within the City limits. 6 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (c)Bridges: Snowmobiles may be operated, as stated in this Section, on bridges designed for motor traffic. Subd. 2. Speed: At a rate greater than reasonable or proper given all surrounding circumstances; and when operated on roadways, not in excess of the posted speed limit. Subd. 3. Hours of Operation. During the hours of nine-thirty (9:30) P.M. and seven (7:00) o’clock A.M. of any day, closer than one hundred (100) feet to any dwelling which is usually occupied by one or more persons, except while returning home by direct route. Subd. 4. Towing. To tow any person or thing on a public street or highway, except if attached by a rigid frame hitch and no more than thirty six inches (36”) shall be between the towed object and the snowmobile. Subd. 5. Emergencies. Notwithstanding the prohibitions contained in this Section, a snowmobile may be operated on a public street or thoroughfare in an emergency which renders travel by an automobile impractical. Subd. 6. Special Events or Circumstances. The City Council or Police Chief may designate specific areas or trails on public property for special events or circumstances which allow the operation of snowmobiles. Subd. 7. State Traffic Code. All provisions of Minnesota States chapter 169 shall apply to the operation of snowmobiles upon roadways, streets and thoroughfares, except for those relating to required equipment and those which by their nature have no application. Subd. 8. Crossing Roadways, Streets and Thorough-Fares: A snowmobile may make a direct crossing of a roadway, street or thoroughfare, provided: (a)Right Angle: The crossing is made at a right angle of approximately ninety degrees (90) to the direction of the thoroughfare and at a place where no obstruction prevents a quick and safe crossing; (b)Complete Stop Required. The snowmobile is brought to a complete stop before crossing the main traveled portion of the thoroughfare; (c)Yield of Right of Way: The operator yields the right of way to all traffic which constitutes an immediate hazard; and (d)Divided Roadway Intersection: In crossing a divided roadway, all such crossings are made only at an intersection of such highway with another public street or highway. Subd. 9. Equipment – It is unlawful to operate a snowmobile unless it is equipped with the following: 7 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (a)Standard mufflers which are property attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor. (b)Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation. (c)A safety or so-called “deadman” throttle in operating condition. A safety or “deadman” throttle is defined as a device which, when pressure is removed from the engine accelerator throttle, causes the motor to be disengaged from the driving track. (d)When operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times of reduced visibility, at least one clear headlamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead during the hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one red taillight having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet to the rear during hours of darkness under normal atmospheric conditions. The headlamp and taillight must be functioning anytime the snowmobile is being operating. (e)A pennant flag of red or blaze material, of a size not less than twelve inches by nine inches, at a height of not less than six feet from the ground level at any time when the vehicle is operated on public streets. (f)Running lights or reflective material at least sixteen square inches on each side, forward of the handlebars so as to reflect or bean light at a ninety-degree angle. Subd. 10. Prohibitions. It is unlawful for any person to leave a snowmobile in a public place without locking the ignition, removing the key, and taking the key away from the snowmobile. No person may intentionally drive, chase, run over or kill any animal with a snowmobile. Section 90.10: PENALTIES. The City of St. Joseph has the right to revoke riding privileges of any individual on a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of transportation within the City limits, as needed, by discretion of the Chief of Police, based on number of complaints received, and/or violations. Any violation of the statutes adopted by reference in this section is a violation of this ordinance when it occurs within the City of St. Joseph. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the cost of prosecution in either case. 8 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES 9