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HomeMy WebLinkAbout1999 [06] Jun 15 {Book 16} . ~ CITY OF ST. JOSEPH ~ I First Avenue NW '.0. Box 668, ;1. Joseph, MN 56374 City of St. Joseph 320) 363-7201 7ax: 363-0342 June 15, 1999 7:00 p.m. . :1111 ~ 1. 7:00 p.m. Call to Order vIAYOR 2. Approve Agenda {enneth J. Hiemenz 3. Consent Agenda a. Sewer Rod Workshop, July 13 1999. To be held at the Best Western, :;LERK! registration fee $ 95.00. Approve attendance of Jim Marthaler. \DMINISTRATOR hchel Stapleton 4. Approve Minutes 5. Bills Payable :;OUNCILORS 30b Loso 6. 7: 10 p.m. Public Comments to the Agenda :::ory Ehlert {en Twit 7. 7:15 p.m. Fire Chief Reports, Semi Annual Fire Report Wiedenfuer 8. 7:30 p.m. Continuation Public Hearing - Proposed Improvement, Northland Drive 9. 8:00 p.m. Discussion regarding graduation weekend festivities 10. 8:30 p.m. Rezoning - Highway 75 Corridor as recommended by the Planning Commission 11. Central MN Events Center Joint Powers Agreement - Decision to be made as to the level of participation. 12. Discussion on Landscaping requirements for US West Wireless 13. Mayor Reports 14. Council Reports 15. Clerk Administrator Reports 16. Miscellaneous and Announcement Items 17. Adjourn . Bc:::Jc:::Jc:::J ~aca . FLEXIBLE® ANNOUNCES A SEWER EXPERT PROGRAM ONE DAY WORKSHOP ON SEWER RODDING EQUIPMENT FOR: Collection System Managers, Field Superintendents, Foremen, Operators and Mechanics CONTENT: A start to fmish discussion of the sewer rodder, from the mechanical components and repair techniques, to tool selection and operation. Here is a sample of the agenda: 1. Machine Design and what it is intended to do 2. General set up and recommended operation 3. Sewer rod care - extending sewer rod life 4. Cleaning tools and their recommended usage 5. Field maintenance 6. On site and personal safety 7. Basic trouble shooting Tuesday, July 13, 1999 Best Western Kelly InnIGreen Mill Highway 23 & 4th Avenue S. St. Cloud, MN 56302 Phone: 320-259-8113 . in begins at 8:00 AM with coffee and rolls. The workshop begins at 8:30 AM and ends at 2:30 PM. There will be a mid morning coffee break and lunch is provided for all registrants from 12:00-12:45. After the class a free inspection of sewer rodding machines will be held outside, weather permitting. The purpose of this inspection is to help you determine maintenance that may be needed on your machine. It will also be a time to share ideas with other operators of sewer rodding machines while the machines are present. This is an optional inspection for those attendees who can bring their machines to the workshop and stay for a longer time period. All registrants receive a certificate of workshop completion and each agency will receive a notebook with summaries of the topics. REGISTRATION: Preregistration is $95.00 per person with advance payment or purchase order. Registration at the door is $110.00. To register, fill out the form below and return it with a check or purchase order payable to SRECO-FLEXIBLE. Mail to: Sewer Expert Program Questions Call: SRECO-FLEXIBLE SRECO-FLEXIBLE 1-800-537-3592 3434 S. Dixie Hwy. Mon - Fri 8:00 AM - 5:00 PM EST Lima, OH 45804 FAJ{ 419-999-2300 ------------------------------------------------------------X-------------------------------------------------------_________________________________________ Please print or type ONLY ONE FORM PER REGISTRANT. Please make copies for more. NAME ---\ I ¡Vi M/I,.e./H/ì~£ ~ JOB TITLE aksTFû.JATê/f ¿ç;'C?~£-.Ø S'~ AGENCY C/T9 O/=" ....ST ~Sr=-/J# WORK PHONE ( ~C;) ,~~ '3 - 77,;;?7 AGENCY ADDRESS d / /5/ /Pc/E:Æ¿¡J~ ,(Jo.(' d-68 DEPT. SUPERINTENDENT NAME: .Y,ST'-~~E.Þ# STATE.&.ZIP, 5"~37V Tuesday, July 13, 1999 Best Western Kelly Inn/Green Mill, St. Cloud, MN - - :: JUN-10-1999 11:06 FROM RAJKOWSKI HANSMEIER TO 93630342 P.02/03 . DRAFT DRAFT College students again gave the local newspaper something to write about on the early morning hours of Saturday, May 22. 1999, as they put together a bonfire party on the street in ITont of the La Playette Bar and Restaurant This type of commencement conduct has taken place for many years even though pre-effortS were made to have these educated individuals conduct themselves in an acceptable manner in the communíty. It has come to the attention of the City that each senior class perceives the night as a challenge to outdo their predecessors in creating a civil disturbance. Damage and destruction to property continues to rise. The citizens are asking for an end to this behavior before serious injury or death occurs. I have met with our Chief of Police and two legal representatives fTorn the law finn ofRajkowski Hansmeier Ltd. In light of this meeting, I am asking the Council's support on behalf of the Citizens of the Community of St. Joseph to pursue the following: L The City and its representing legal firm of Rajkowski Hansmeier Ltd. will be fully prosecuting any and all student misconduct offenses. Serious offenses will be referred to the County Attorney for felony prosecution. 2. Parents/Guardians [home address] will receive notice of any citation/arrest issued to all . students_ 3. The City requests the Colleges of St. Benedict and 81. John's to implement a two (2) strike or three (3) strike "you are out" rule. A student with multiple convictions for misconduct offenses would be removed fÌom the college. 4. Students arrested for engagìng in a civil disturbance during the last week of school be prohibited £rom participating in commencement exercises. 5. The colleges discontinue the disorientation party and replace the event with a parent- student dinner. 6. The Saturday afternoon graduation be moved to 8:00 or 9;00 a.m. Saturday morning following the parent-student dinner. 7_ A survey completed by area cities in April, 1999, indicates that the City of St. Joseph is short two (2) full time officers. one part-time officer and one clerical sta.tTfor a city of our size and exposure. The City recognizes receiving fmancial support for fire protection from St. Benedict, and in the past both colleges contributed $2,300.00 each for three (3) years for one police officer in the Fast Cop Program. We also recognize there are other area- wide positive economic impacts realized from the colleges. However, there is no other financial assistance to the City proper or the taxpayer to pay the cost of law enforcement necessitated by the student population. . . - . JUN-10-1999 11:07 FROM RAJKOWSK I HANSME I ER TO 9363Ø342 P.03/03 . We propose that the two colleges split the City's cost of biring and retaining one additional fuD ÔlDe police officer. [To hire a police officer would be roughly equivalent to the tuition of one student at each college.] 8. That next year (2000)) both colleges pay the cost of extra enforcement officers to assist the City in curbing any illegal activities that may take place the eveníng prior to graduation. 9. The Mayor, City Attorney and Chief ofPoIíce meet WÍth Officials :from both Colleges and address these issues and report back to the City Council with other proposed solutions. DRAFf DRAFT . . TOTAL P.Ø3 , , ?~m 10 99 02: 27p Ken Hiemen~ 320-383-8803 ro. 1 . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268.25 N,W, 1ST AVENUE ST. JOSEPH, MINNESOTA 56374-0268 (6121363-8250 EMERGENCY 911 SURVJ::Y RESULTS COtWL&::'TSD BY CITtES DURING APRIL 1'3'3'-3 CITY POP 'FULL # TO'TAL CL~tHCÅL , OF BUDßI::T TIKI!: OF PT STAFF VICHh':LH OFFICERS OFFICERS BAXTER, Søøø... 9 0 1 G 518,130 O~EPHAVEH 40130 8 0 1 5 750,000 EVeLETH 4003 NOH CQMPLETED SURVEY GRANT 4100 CONTRACTS WITH SHERIFF'S DE:PARTttEN'f KASSON 4142 6 ;J .5 :3 339,441 LACRESCEHT 4800 7 0 1 4 3SØ,ØØIð . LAKE CITY 4544 8 7 1 3 566,223 LUV£RNJ:: 4575 NON COMPLETED SURVEY HEW PRAGUE 4250 8 2 2 4 621,00cð HEWPOR'r 4012 8 ø 0 $. 577,175 OAK PARK 4100 S ø 1 G 761, 72~5 HJ::IGHTS PIPESTQNE 4554 CONTRACTS WITH SHERIFF DEPARTHENT ~T FRANCIS 4000 7 0 1 F1' 1 fiT 4 527,957 SOl' JAM ES 4400 7 0 1 F'1' 1 P'I' 3 438~550 WADENA 4242 ':I 3 1 3 45Y~577 WAY2ATA 4000 Y 0 2 5 700,000 '1iINt)QM 4300 8 0 1 5 5']4, 140 - '--- -- _. _roo. ---------. AVEItAG&S 4295 7.9 1.1 1.1 4.5 554,916 --- ..... - -.-.---. ~_...-~- .-. . -'-? ST JOS&PH 4S8Cð b -QJ- 387.650 -,,- 3 "ABOVEJ -21158 - ---- -1.1 -1.1 -1.5 -- 167,266 f\£L.OW AVERAGE · Central Minnesota Events Center Sales Tax Collection and Distribution J oint Powers Agreement The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59. Article I General Purpose Section 1.1 Purpose. The purpose of this Joint Powers Agreement is to establish a board which shall have responsibility for the collection and distribution of the sales tax authorized by Minnesota Laws 1998, Chapter 389 and Chapter 408, Section 18-20. The authorized taxes include a one-half percent sales and use tax, a $20 per motor vehicle excise tax, a one percent food and beverage tax and a one percent lodging tax. The revenues raised must be used for the purpose of developing the Central Minnesota Events Center (hereinafter the "CMEC") and other projects of regional significance. The law is in the best interests of the governmental units executing this Agreement as well as the · citizens of those units. Article II Definitions Section 2.1. "Board". The Central Minnesota Events Center Sales Tax Collection and Distribution Board created by this Agreement. Section 2.2. "Member". Any city which is a signatory to this Agreement. Section 2.3. "Representative". Those individuals designated by the Members to represent and vote the interest of each Member in respect to the business coming before the Board. Section 2.4. "Authority". the Central Minnesota Events Center Authority created by the joint powers agreement relating to the operation of the Events Center, which agreement was effective , 1999. That agreement is attached as Exhibit A. Article III Governing Authority Section 3.1. Central Minnesota Events Center Sales Tax Collection and Distribution · Board. There is hereby created a body to be known as the Central Minnesota Events Center Sales Tax Collection and Distribution Board. 05/ll/99salestaxjp 1 . Section 3.2 Representatives. The Board shall consist of Representatives of the Members. The Members shall appoint Representatives who shall serve without compensation. Section 3.3. Voting Representatives. The number of representatives shall be four for the City of St. Cloud, two for the City of Waite Park, one for the City of Sauk Rapids, one for the City of Sartell, and one for the City of St. Joseph. Representatives shall be appointed within two weeks after all Members have ratified this Agreement. Each Representative shall have one vote in respect to all matters of business brought before the Board. Members may appoint one alternate Representative who shall be authorized to act in the absence of the designated Representative. Alternate Representatives shall be appointed prior to voting on any Board business. Section 3.4. Officers. 3.4.1 The Officers of the Board shall be a Chair, Vice-Chair and Secretary/Treasurer. 3.4.2 At its first meeting, the Board shall elect a Chair, a Vice-Chair, and a Secretary/Treasurer who shall serve out the following initial tenns of office: . The Chair, Vice Chair, and Secretary are to serve through December 31 of the year when first elected and until their successors are. At the meeting prior to completion of the initial tenn(s) and at the completion of every tenn thereafter, a Representative shall be elected to each respecti ve office for a three-year tenn. 3.4.3 A Representative shall be elected in the same manner as above to fill out an unexpired tenn of any office which becomes vacant. Section 3.5. Meetings. 3.5.1 The Board shall meet at least monthly on a schedule to be detennined by the Board. 3.5.2 Meetings of the Board may be called by the Chair or upon written request of a majority of the Representatives. 3.5.3 All meetings shall be conducted in compliance with the Minnesota Open Meeting Law, Minnesota Statutes §471.705. 3.5.4 The Board may elect or appoint such other officers as it deems necessary . to conduct its meetings and affairs. 05/ll/99salestaxjp 2 .. · 3.5.5 The Board shall adopt rules of order to govern the conduct of business. Section 3.6 . Powers and Duties of the Board. The Board shall have the following powers and duties: 3.6.1 To review the receipt of net general sales and use tax authorized by Minnesota Laws 1998, Chapter 389 and Chapter 408, Section 18- 20 and remitted to the City of St. Cloud by the Department of Revenue for the State of Minnesota. 3.6.2 To oversee the distribution of all sales tax revenue remitted to the City of St. Cloud in accordance with Minnesota Laws 1998, Chapter 389 and Chapter 408, Section 18-20. 3.6.3 Annually calculate the Surplus Tax Revenue distribution for each Member. The calculation shall be made using the following infonnation: 3.6.3.1 The latest population estimates from the State · Demographer's Office. 3.6.3.2 The most current local option sales tax collections as reported by the Minnesota Department of Revenue for the Members. 3.7.4 If needed, allocate the amount necessary to offset any operating deficit in the first five years of operation of the CMEC. The allocation shall be transferred to the CMEC's Operating Account. 3.7.5 The Board may research and make recommendations to the Members regarding other matters related to the Board's purpose. 3.7.6 The Board's books, reports and records shall be available for and open to inspections by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 3.7.7 On or before September 1 of each year, the Board shall, by approval of 2/3 of those eligible to vote, adopt a proposed budget for the ensuing year. The Board shall follow generally accepted · governmental budgeting practices in the preparation of its proposed budget. The SecretaryfTreasurer of the Board shall certify the budget on or before to the Finance Director for the City of St. Cloud. 05/ 1l/99salestaxjp 3 M . 3.7.8 The Board shall take no actions that are in violation of the provisions of the grant agreement between the State of Minnesota, Department of Trade and Economic Development and the City of St. Cloud in respect to the CMEC. That agreement is dated _. Article IV General Administration Section 4.1. General administrative services shall be provided to the Board by the City of St. Cloud. These services shall include Section 4.2. Member employees serving as advisors or providing administrative services shall not be considered employees of the Board for any purpose. Each Member shall be responsible for the payment of wages or other remuneration to its employees providing services pursuant to this agreement. Article V Imposition of Sales and Use Taxes Section 5.1 A Member electing to impose a sales and use tax for the CMEC and other . authorized projects must first receive approval by its voters in accordance with Minnesota Session Laws, Chapter 389, Article 8, Section 44. The collection and administration shall follow provisions of Minnesota Statutes, Section 297 A.48. Once all taxes, less state administrative fee, have been remitted to the City of St. Cloud, the following procedures will be followed~ D.J... Accounting and Financing. The City of St. Cloud will establish the following CMEC funds and accounts: a Sales and Use Tax Fund; a Debt Service Fund; a Debt Service Reserve Account; a Repair an Replacement Fund; an Operating Fund; and, an Operating Reserve Account. These funds and accounts are defined as follows: 5.1.1.1 Sales and Use Tax Fund. The Sales and Use Tax Fund will be the depository for all tax revenue collected by the State of Minnesota and remitted to the City of St. Cloud, pursuant 1998 Minnesota Session Laws, Chapter _, Subd._. 5.1.1.2 Debt Service Fund. Funds will be transferred from the Sales and Use Tax Fund to the Debt Service Fund for debt payment to the agent/trustee. 5.1.1.3 Debt Service Reserve Account. A Debt Service Reserve . Account will be established within the Debt Service Fund. The Sales and Use Tax will fund this Account at a level equal to an 05/l1/99salestaxjp 4 · average annual bond payment. The last bond payment will be made from this Account. Interest earned on the Debt Service Reserve Account balance will be used for the annual bond payment or to increase the Debt Service Reserve Account balance to the targeted level (annual bond payment amount). 5.1.1.4. Repair and Replacement Reserve Fund. The Repair and Replacement Reserve Fund will be the depository for sales tax revenue to be used for major building repairs, equipment and operating systems purchase and replacements, and building remodeling. Each year an amount equal to the total annual depreciation expense for major building repairs, equipment and operating systems purchase and replacement will be placed in the Fund. When the combination of deposits and interest income in the Fund equals a balance of million, deposits shall cease. However, interest income earned from the Fund balance will continue to accrue in the Fund. The City Council shall approve any transfer from the Repair and Replacement Reserve Fund to the CMEC Operating Account. · Section 5.2 Procedures. After receipt of sales and use tax revenue into the City of St. Cloud's Sales and Use Tax Fund, the City of St. Cloud will transfer the annual debt service payment to the Debt Service Fund. The City will transfer one year's debt service payment or a portion thereof, to the Debt Service Reserve Account if funds are available. The Debt Service Reserve Account may also be funded by bond proceeds. The reserve is to be maintained until the CMEC's General Sales and Use Tax General Obligation Revenue Bond is retired. The sales and use tax revenue shall fund the Repair and Replacement Reserve Fund after the Debt Service Fund and the Debt Service Reserve Account are funded. The amount of funding for this fund is prescribed in Section 5.1.1.4 of this Article. If an operating deficit occurs within the first five years of CMEC's operation (year one through year five), the City of St. Cloud may transfer from the Sales and Use Tax Fund, an amount equal to the actual operating deficit for that operating year. If the CMEC Authority is proposing an operating deficit in the annual operating budget, the Board shall review the Authority's annual operating budget for that year. If an operating deficit occurs, but is not anticipated in the budget, the Authority shall obtain the Board's recommendation and the City Council's approval before incurring the deficit. The use of sales tax revenue to offset an operating deficit is limited to the first five years of operation of the CMEC by 1998 Minnesota Session Laws, Chapter _, Subd. · 05/ll/99salestaxjp 5 Accounting and reporting of all funds and accounts will follow generally accepted . government accounting practices. Article VI Use and Distribution of Surplus Tax Revenue Section 6.1. If annual revenue collected from the sales and use taxes, authorized in 1998 Minnesota Laws, Chapter 389, Article 8, § 44 are greater than the amount needed to meet the annual debt payment, fund the Debt Service Reserve Account, fund the Repair and Replacement Reserve Fund, and fund the operating deficit, if any, in the first five (5) years of operation of the CMEC, the surplus shall be returned to the Member(s) in the manner described in Section 6.2. of this Agreement. 6.1.1 Use of Surplus Tax Revenue: The use of surplus tax revenue will comply with 1998 Minnesota Laws, Chapter 389, Article 8, § 44. Section 6.2. Distribution of Surplus Tax Revenue: The distribution of surplus tax revenue will be as follows: (MUCD) Member Unit's distribution equals (=): MUTT plus (+) MUTP times (x) STR Divided by two (2) WHERE (STR) Surplus Tax Revenue equals (=): . Total revenue from sales and use tax less (-) debt service for the CMEC less (-) debt service reserve less (-) repair and replacement reserve, less (-) operating deficit, if any, in the first five years. (MUTT) Member Unit's percent (%) of Total Tax equals (=): The Member Units' total tax collection (the latest collected in the city as reported by the Department of Revenue for the State of Minnesota) as a percent (%) of the total tax collected for all Member Units. (MUTP) Member Unit's percent (%) of Total Population equals (=) Member Unit's total population (latest state demographer population estimate) as a percent of the total population of all member Units. Sample Calculation for the City of St. Cloud: City Pop. % Tax % Debt Servo Surplus Distribution St. Cloud 62,53l 67.3 4,644,438 74.5 2.223.291 Sauk Rapids 9,983 10.7 481,632 7.7 288,494 Sartell 9,068 9.8 56,897 .9 167,766 Waite Park 6,43l 6.9 984,744 15.8 355,915 St. Joe 4,895 5.3 64,344 1.0 98.778 Total 92,908 6,232.055 100 3,096,243 3,135,812 3,I35,8l2 . MUCD =74.5% (CD) + 67.3% (CTP) X 3.135.812 (STR) = 2,223,291 2 05/ll/99salestaxjp 6 . Section 6.3. Distribution of Annual Contributions for Future CMEC Construction Costs. If start of the CMEC is delayed, the cities may still impose the tax, and use the portion of the revenue to fund the projects authorized in Minnesota Laws 1998, Chapter 389, Article 8, Section 44, Subdivision 5 (b), provided that revenues are reserved in the Debt Service Reserve Account to pay future costs of the construction of the CMEC. The amount of revenue to be set a side annually for future costs of the CMEC shall be detennined by the City of St. Cloud based on the following: (1) the estimated project cost established at the completion of the schematic design phase; (2) the amount of the bond necessary to do the project; (3) the average annual debt service required to retire the bonds; and (4) a debt amortization period of thirty (30) years. If a decision is made not to proceed with the CMEC or construction of the CMEC has not begun by December 31, 2008, the funds for future CMEC cost shall be distributed to the participating cities using the following fonnula: DMU = SUM OF [MUAC = MUTT plus (+) MUTP x ACFCC] 2 WHERE (MUTT) Member Unit's percent (%) of Total Tax equals (=): . The Member Unit's total tax collection (the latest collected in the city as reported by the Department of Revenue for the State of Minnesota) as a percent (%) of the total tax collected for all member units for each year. (MUTP) Member Unit's percent (%) of Total Population equals (=): Member Unit's total population (latest State Demographer population estimate) as a percent of the total population of all Member Units for each year. (ACFCC) The Annual Contribution of future CMEC Cost equals (=): The total dollars placed in the Debt Service Reserve Account by all Member Units annually. (MUAC) Member Unit's Annual Contribution of Future CMEC Cost equals (=): The annual contribution from each Member Unit (city) to Debt Service Reserve Account for Future CMEC Costs. (DMU) Distribution to Member Unit's equals (=): The sum total of each Member Units Annual Set a Side (MUAC) which is returned to each Member Unit. . Sample Calculation: See Attachment 1 entitled Distribution of Future CMEC Cost from the Debt Service Reserve Account. 05/1l/99salestaxjp 7 . Article VII Indemnification Section 7.1 Each Member shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold haTI11less and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Member, its agents, servants or employees, in the execution, perfoTI11ance, or failure to adequately perfoTI11 its obligations pursuant to this Agreement. Section 7.2 It is understood and agreed that nothing in this Agreement shall affect or otherwise constitute a waiver of the limits on the liability of any Member provided by Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Article VIII Duration Section 8.1 This Agreement shall continue in full force and effect until teTI11inated in . accordance with the provisions of Article IX. Article IX Termination Section 9.1 This Agreement may be teTI11inated by the written agreement of 2/3 of the Members. Any Member may petition the Board to teTI11inate this Agreement. Upon 30 days notice in writing to the clerk of the governing body of each Member, the Board shall hold a hearing and upon a 2/3 vote of all Representatives eligible to vote, the Board may be resolution recommend that the Agreement be teTI11inated. The resolution shall be submitted to the governing body of each Member and if ratified by 2/3 of the governing bodies of all Members within sixty (60) days, the Board shall teTI11inate the Agreement, allowing a reasonable time to complete work in progress and to dispose of real and personal property owned by the Board. However, teTI11ination of this Agreement does not release any Member from its obligation to continue the sales tax in their respective jurisdictions until the original debt of the CMEC is retired in accordance with the bonding requirements. Section 9.2 Upon teTI11ination of this Agreement, all property purchased or owned pursuant to this Agreement shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the current Members. Such distribution of assets shall be made in proportion to the total contributions by the respective Members over the entire . duration of this Agreement. The Board shall continue to exist after dissolution for such 05/l1/99salestaxjp 8 . period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purpose. Article X Withdrawal Section 8.1 Any Member may petition the Board to withdraw from this Agreement. A Member may withdraw from this Agreement by the written agreement of 2/3 of the Members. Upon 30 days notice in writing to the clerk of each Member, the Board shall by resolution make a recommendation on the Member(s) withdraw petition. All Board representatives shall be allowed to vote on the motion before the Board, including representatives of the Member proposing withdrawal. The resolution shall be submitted to each Member, and if ratified by 2/3 of all Member(s) within sixty (60) days, the Board shall approve of the withdrawal. However, withdrawal from this Agreement does not release any Member from its obligation to continue the sales tax in their respective jurisdictions until the original debt of the CMEC is retired in accordance with the bonding requirements. A Member shall also be considered withdrawn from this Agreement if the following occurs: It enters into this Agreement before the referendum authorizing the imposition of a general sales and use tax and the voters of the Member(s) do not approve the sales and . use tax referendum. Article XI Severability If any portion of this Agreement is found to be void, unenforceable or unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portion of this Agreement shall remain in effect. Article XII Effective Date Section 12.1. Effective Date. This Agreement shall be in full force and effect when all members sign this Agreement. All members need not sign the same copy. Each member shall file the signed Agreement with the City Clerk of the City of St. Cloud. Section 12.2. Notification. The City Clerk shall notify all members in writing of the effective date of the Agreement. Section 12.3. Initial Meeting. The City Clerk shall set an initial date, time, and place for the Board's first meeting. . 05/1l/99salestaxjp 9 . Article XIII Amendments Section 13.1 Any Member may petition the Board or the Board on its own initiative may recommend changes in this Agreement to its Members. An amendment to this Agreement shall become effective upon written agreement of 2/3 of the Members. . IN WITt-.TESS WHEREOF, the undersigned governmental unit, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statue §471.59. APPROVED AS TO FORM: CITY OF By City Attorney Date of Signature Date of Signature Att . 05/11199salestaxjp 10 . . Attachment 1 . . 05/ 11/99salestaxjp 11 . .~\'. MMMMMNMMM~~8° . .q-..;-'o:t"l:t..qv"'lf·~"vCO C\, C\I(\JC\ C\lC\lC\lC\lC\!..... '''';';¡ . . . . . cD cD «i . -..... -'i!1 ~~~~~g¡g¡g¡~¡§ ~:~ Mcr5MMMcriMcr5M~ 1--'" ..ã1 ~~~~¡U¡¡¡~~ß~ ~~, ~~~~~~~~~~~ :;: Q. 'i· . ~ ¡'. M Õ _ ~ a.c .JJ! _ ~~ ~(f)&:;æ~J:::mLOg?m& .5-co. ;0 t::. 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I./) (') C") CJ) C") 1. ~.~ c =2 ~ Q. j:; ~:! ~~~.æ.~~~~;;r;.~.~~.~~. 5~~ ~ j ~ j ~ ~ - - -" $,81 g ¡¡; ¡;j 16 ;b ;b :ß :& :0 æ æ ; i ~ i .i "'. is ~ en ~.! ãi 0 ãi c a ::E :I: _ ~~o g¡¡g¡g¡ -~g88:g8~ .E:~ii~0: ~;~ ~ ,,@ ~ ~~~~8§@@NN@N@ J fi ~ ~S.9 2 ëij~ ~ ;: a: ~ ~ t:. ~ /~- ¡:¡, " . Central Minnesota Events Center Joint Powers Agreement The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute 471.59. Article I General Purpose The purpose of this Joint Powers Agreement is to establish a governing authority to construct, maintain and manage a Central Minnesota Events Center (hereinafter the "CMEC"). The CMEC will benefit the governmental units executing this Agreement as well as the citizens of those units. Article II Definitions . 2.1. Authority. _The central Minnesota Events Center Authority created by this Agreement. 2.2. Member. A Member is a city which is a signatory to this Agreement. 2.3. Representative. Those individuals designated by the Members to represent and vote the interest of each Member in respect to the business coming before the Authority. Article III Governing Authority Section 3.1. The Central Minnesota Events Center Authority. There is hereby created a body to be known as the Central Minnesota Events Center Authority. Section 3.2. Representatives. The Authority shall consist of Representative (s) of the Member. The Member shall appoint Representatives who shall serve without compensation. However, Representatives shall be entitled to reimbursement of expenses from the Authority for conducting the business of the Authority. Section 3.2.1. Member Employees. Member employees serving as advisors or providing administrative services shall not be considered employees of the Authority for any purpose. Each Member shall . be responsible for the payment of wages or other remuneration to its employees providing services pursuant to this Agreement. 05Ill/99jpcmecA 1 Section 3.3. Voting Representatives. The number of representatives shall be four for the . City of St. Cloud, two for the City of Waite Park, one for the City of Sauk Rapids, one for the City of Sartell, and one for the City of St. Joseph. Representatives shall be appointed with two weeks after all Members have ratified this Agreement. Each Representative shall have one vote in respect to all mater of business brought before the Authority. Members may appoint one alternate Representative who shall be authorized to act in the absence of the designated Representative. Alternate Representatives shall be appointed prior to voting on any Authority business. Section 3.4. Officers. 3.4.1. The Officers of the Authority shall be a Chair, Vice-Chair and Secretaryrrreasure. 3.4.2. At its first meeting, the Authority shall elect a Chair, a Vice-Chair, and a Secretaryrrreasure who shall serve out the following initial terms of office: The Chair, Vice-Chair, and Secretaryrrreasure are to serve through December 31 of the year when first elected and until their successors are elected. At the meeting prior to completion of the initial term(s) and at the . completion of every term thereafter, a Representative shall be elected to each respective office for a three year term. 3.4.3. A Representative shall be elected in the same manner as above to complete term of any office that becomes vacant before the term expires. Section 3.5. Meetings. 3.5.1. The Authority shall meet at least monthly on a schedule to be determined by the Authority. 3.5.2. Meetings of the Authority may be called by the Chair or upon written request of a majority of the Representatives. 3.5.3. All meetings shall be conducted in compliance with the Minnesota Open Meeting Law, Minnesota Statutes 471.705. 3.5.4. The Authority may elect or appoint other officers, as it deems necessary to conduct its meetings and affairs. 3.5.4. The Authority shall adopt rules of order to govern the conduct of business. . 05/1l/99jpcmecA 2 . . Section 3.6. Powers and Duties of the Authority. The Authority shall have the following powers and duties: 3.6.1. To construct, maintain, and manage the CMEC. 3.6.2. To purchase and sell supplies, concessions, foods, goods and equipment as may be necessary for the operation of the CMEC. 3.6.3. To employ management personnel, either pennanent or temporary, as may be required and shall detennine their duties, qualifications, and compensation. 3.6.4. To enter into contracts for the management and operation of the CMEC and any other contract or instruments as may be necessary for the construction, maintenance, and operation of the CMEC. 3.6.5. To acquire by purchase, gift, devise, lease or otherwise any and all property which may be necessary for the construction, maintenance, and operation of the CMEC. 3.6.6. To establish rules and regulations for the use and operation of the CMEC. . 3.6.7. The Authority may research and make recommendations to the Members regarding other matters related to the Authority's purpose. 3.6.8. The Authority may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organization to accomplish the purpose for which it is organized. 3.6.9. The Authority may collect money, subject to the provisions of this Agreement, from its Members and from any other source(s) authorized by law. 3.6.10. The Authority may pennit the sale and consumption of alcoholic beverages in the CMEC when the sale of those beverages is authorized by the City of St. Cloud in accordance with the ordinances of that city and the laws of the State of Minnesota. 3.6.11. The Authority shall cause to be made an annual audit of records and accounts of the Authority and shall make and file a report to its Members at least once each year. Strict accountability of all funds and reports of all receipts and disbursements shall be made. . 3.6.12. The Authority's books, reports and records shall be available for and open to inspection by its members at all reasonable times. The Authority's records shall be available for inspection by the public pursuant to the 051l1/99jpcmecA 3 Minnesota Government Data Practices Act, Minnesota Statutes, Chapter . 13. 3.6.13. The Authority shall not issue bonds, obligations or other fonns of indebtedness that cannot be discharged in the budget year during which they are issued. 3.6.14. The Authority shall comply with all requirements and procedures contained in the Central Minnesota Events Center Sales Tax Collection and Distribution Joint Powers Agreement dated ,1999. 3.6.15. On or before August 1 of each year, the Authority shall, by approval of 2/3 of those eligible to vote, adopt a proposed budget for the ensuing year. The Authority shall follow generally accepted governmental budgeting practices in the preparation of its proposed budget. The SecretarylTreasure of the Authority shall certify the budget on or before September 1 to the Finance Director for the City of St. Cloud. The budget shall be subject to the approval of the governing body of the City of St. Cloud. 3.6.16. The Authority shall establish an Operating Fund. The Fund will contain an Operating Account and an Operating Reserve Account. Those . accounts are described as follows: 3.6.16.1.1. The Operating Account is the account for the current operation of the CNIEC. This account will show all income and expenses. 3.6.16.1.2. The Operating Reserve Account is intended to provide a reserve in the event operating revenues fall below expected levels. The Operating Reserve Account, within the Operating Fund, will have a balance equal to 1/5 of the operating expenses for the previous fiscal year. This account will be annually funded from the CNIEC operating revenue if revenue is sufficient. For the first year of operation, 1/5 of the budgeted expenditures will be used to fund the Operating Reserve Account. 3.6.17. The Authority shall comply with the contracting and purchasing requirements of the City of St. Cloud. 3.6.18. No contracts or agreements may be entered into by the Authority, or its agents, concerning the subjects that are set out below without first receiving a written opinion from a qualified bond counsel. Counsel must . detennine that such contract or agreement will not affect the tax-exempt status of any bonds issued in connection with the CMEC: 051l1/99jpcmecA 4 . . 3.6.19.1. All management contracts concerning the CMEC. 3.6.19.2. All concession contracts giving a non-governmental entity or person control over the sale of concessions in the CMEC. 3.6.19.3. Any long-term lease or long-term rental agreement with a non-governmental entity or person involving the CMEC or any part thereof. 3.6.19.4. Any sale of the CMEC or a portion thereof. 3.6.19.5. Any agreement with a non-governmental entity reserving parking facilities available at the CMEC site. 3.6.20. The Authority shall take no actions that are in violation of the provision of the grant agreement between the State of Minnesota, Department of Trade and Economic Development and the City of St. Cloud in respect to the CMEC. That agreement is dated ,1999. . Article IV Insurance 4.1. Insurance. The Authority shall purchase and maintain such insurance as will protecit together with its officers, agents, and employees from claims that may arise out of oITesult from its operation under this Agreement, whether such operations are by it or anyone directly or indirectly employed by the Authority. Insurance shall, at a minimum, include the following lines: (a) General liability (all risk) (b) Products liability (c) Automobile liability (d) Workers compensation as required by Minnesota Statute 176.182. (e) Unemployment compensation insurance as required by law. (f) The level of insurance shall be Article V . Indemnification 5.1. Indemnification. Each Member shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers 05/11/99jpcmecA 5 and employees against any and all liability, loss, cost, damages, expenses, claims or . actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Member, its agents, servants or employees, in the execution, perfol1llance, or failure to adequately perfol1ll its obligations pursuant to this Agreement. 5.2. Waiver. It is understood and agreed that nothing in this Agreement shall affect or otherwise constitute a waiver of the limits on the liability of any Member provided by Minnesota Statutes chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Article VI Duration This Agreement shall continue in full force and effect until tel1llinated in accordance with the provisions of Article VII hereof. Article VII Termination 7.1. Procedure. This Agreement may be tel1llinated by the written agreement of 2/3 of . the Members. Any Member may petition the Authority to tel1llinate the Agreement. Upon 30 days notice in writing to the clerk of the governing body of each Member, the Authority shall hold a hearing and upon 2/3 vote of all Representatives eligible to vote, the Authority may by resolution recommend that the Agreement be tel1llinated. The resolution shall be submitted to the governing body of each Member and if ratified by 2/3 of the governing bodies of all the Members within sixty (60) days, the Authority shall tel1llinate the Agreement, allowing a reasonable time to complete work in progress and to dispose of real and personal property owned by the Authority. However, tel1llination of this Agreement does not release any Member from its obligation to continue the sales tax and use tax in their in their respective jurisdictions until the original debt of the CMEC is retired in accordance with the bonding requirements. 7.2. Distribution of Assets. Upon tel1llination of this Agreement, all property purchased or owned pursuant to the Agreement shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the current Members. Distribution of assets shall be made in proportion to the total contributions by the respective Members over the duration of this Agreement. The Authority shall continue to exist after the dissolution for such period, no longer than six (6) months, as is necessary to complete its affairs, but for no other purpose. . 05/11/99jpcmecA 6 . . Article VIII Withdrawal Any Member may petition the Authority to withdraw from this Agreement. A Member may withdraw from this Agreement by the written agreement of 2/3 of the Members. Upon 30 days notice in writing to the clerk of each Member, the Authority shall by resolution make a recommendation on the Member(s) withdraw petition. All Authority representatives shall be allowed to vote on the motion before the Authority, including representatives of the Member(s) proposing withdrawal. The resolution shall be submitted to each Member, and if ratified by 2/3 of all Members within sixty (60) days, the Authority shall approve of the withdrawal. However, withdrawal from this Agreement does not release any Member from its obligation to continue the sales and use tax in their respective jurisdictions until the original debt of the CMEC is retired in accordance with the bonding requirements. A Members will be considered withdrawn from this Agreement if the following occurs: It . enters into this Agreement before the referendum authorizing the imposition of a general sales and use tax, as authorized in 1998 Minnesota Laws, Chapter 389, and the voters of the Member(s) do not approve the sales and use tax referendum. Article IX Severability If any portion of this Agreement is found to be void, unenforceable or unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portion of this Agreement shall remain in effect. Article X Effective Date Section 10.1. Effective Date. This Agreement shall be in full force and effect when all members sign this Agreement. All members need not sign the same copy. Each member shall file the signed Agreement with the City Clerk of the City of St. Cloud. Section 10.2. Notification. The City Clerk shall notify all members in writing of the effective date of the Agreement. - Section 10.3. Initial Meeting. The City Clerk shall set an initial date, time, and place for - the Board's first meeting. 05/l1/99jpcmecA 7 . Article XI Amendments Any Member may petition the Authority or the Authority on its own initiative may recommend changes in this Agreement to its Members. An amendment to this Agreement shall become effective upon written agreement of 2/3 of the Members. . - - 05/l1/99jpcmecA 8 . . IN WITNESS WHEREOF, the undersigned governmental units by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statue 471.59 APPROVED AS TO FORM: CITY OF ,MN By: City Attorney . Date of Signature ,1999 Date of Signature ,1999 - - 05/ll/99jpcmecA 9 . COMPARISON OF COMBINATIONS OF CITIES PARTICIPATING IN THE 1/2 CENTS SALES TAX No CMEC Project Debt Reserves Sales Tax Distribution Total Percent Combinations Amount Percent Amount Percent Amount Ranking SI. Cloud, SI. Joseph, Sartell, Sauk Rapids & Waite Park: 1 SI. Cloud 19.418.784 70.45% 29,969,094 70.38% 49,387,878 70.40% 12 2 SI. Joseph 896.892 3.25% 1.392,004 3.27% 2.288.896 3.26% 6 3 Sartell 1,574,523 5.71% 2,456,240 5.77% 4,030,763 5.75% 4 4 Sauk Rapids 2,533,129 9.19% 3,910,231 9.18% 6,443,360 9.19% 6 5 Walle Park 3,142234 11.40% 4 856 507 11.40% 7998741 11.40% 8 Total 27 565 562 100% 42 584,076 100% 70 149638 100% 11 SI. Cloud, SI. Joseph, Sartell,& Sauk Rapids: 1 SI. Cloud 22,034,554 79.94% 25,153,865 79.85% 47,188,419 79.89% 16 2 SI. Joseph 980,377 3.56% 1,126,261 3.58% 2.106,638 3.57% 8 3 Sartell 1,707,167 6.19% 1,972,649 6.26% 3,679,816 6.23% 8 4 Sauk Rapids 2,843,463 10.32% 3,246,764 10.31% 6,090,227 10.31% 8 I Total 27,565,561 100% 31,499,539 100% 59065100 100% 15 SI. Cloud, SI. Joseph, Sartell,& Waite Park 1 SI. Cloud 21.369,526 77.52% 28,776,583 77.43% 50,146,109 77.47% 10 2 SI. Joseph 998,745 3.62% 1,352,943 3.64% 2,351,688 3.63% 4 3 Sartell 1,757,698 6.38% 2,393,934 6.44% 4.151,632 6.41% 3 5 Waite Park 3,439,597 12.48% 4,639,236 12.48% 8,078,833 12.48% 7 I Total 27,565,566 100% 37162696 100% 64,728 262 100% 9 SI. Cloud, SI. Joseph, Sauk Rapids,& Waite Park 1 SI. Cloud 20,587.589 74.69% 31,312.795 74.65% 51,900.384 74.67% 5 2 SI. Joseph 986,970 3.58% 1,510,544 3.60% 2,497,514 3.59% 2 4 Sauk Rapids 2,715,358 9.85% 4,131,476 9.85% 6,846,834 9.85% 2 . 5 Waite Park 3,275.645 11.88% 4,988,815 11.89% 8,264,460 11.89% 4 ITotal 27,565,562 100% 41,943,630 100% 69 509,192 100% 4 SI. Cloud, Sartell, Sauk Rapids,& Waite Park 1 SI. Cloud 20,055.636 72.76% 30,429,317 72.69% 50,484,953 72.72% 9 2 Sartell 1,659,849 6.02% 2,546,318 6.08% 4,206,167 6.06% 2 4 Sauk RapIds 2.629,253 9.54% 3,990,264 9.53% 6,619,517 9.53% 4 5 Waite Park 3,220,825 11.68% 4,893 896 11.69% 8114721 11.69% 6 ITotal 27,565,563 100% 41859795 100% 69 425 358 100% 7 SI. Cloud, SI. Joseph, & Sartell: 1 SI. Cloud 24,539.513 89.02% 23,187,365 88.91% 47,726,878 88.97% 15 2 SI. Joseph 1,102,378 4.00% 1,048,847 4.02% 2,151,225 4.01% 7 3 Sartell 1,923.673 6.98% 1,841.952 7.06% 3,765,625 7.02% 7 !Total 27565,564 100% 26,078 164 100% 53 643 728 100% 14 SI. Cloud, Sartell, & Rapids: 1 SI. Cloud 22,801.092 82.72% 25,434,198 82.64% 48,235,290 82.68% 14 3 Sartell 1,806,585 6.55% 2,040,625 6.63% 3,847,210 6.59% 6 4 Sauk Rapids 2,957,886 10.73% 3,300 441 10.72% 6 258 327 10.73% 7 ITotal 27,565,563 100% 30,775 264 100% 58 340 827 100% 13 . ! ~ . To: «Company» From: City of S1. Joseph Judy Weyrens, Deputy Clerk PO Box 668 S1. Joseph MN 56374 Project: Remodel First State Bank - City Offices Remodel City Hall- Police Station Re: Request for Statements of Qualification The City of St. Joseph is soliciting interest in providing architectural services to provide design and construction administration services for the remodeling of the First State Bank of S1. Joseph and the S1. Joseph City Hall. Your finn is invited to submit your Statement of Qualifications to establish your capabilities to provide the required services. . Attached to this memo are the following: 1. A list of materials and infonnation that should be included with your Statement of Qualification. 2. A general definition ofthe scope of work. 3. A schedule of dates and requirements. For finns which are selected for an interview, a tour of the existing facilities and the proposed sites will be arranged. Your letters and Statement of Qualification should be forwarded to the following address - to be received no later than 3:00 p.m. on June 23, 1999. TO: City of S1. Joseph Attn: Judy Weyrens PO Box 668 S1. Joseph MN 56374 . 11111111111111111111111111111111 11111111111111111111111111111111 11111111111111111111111111111 L I Mr. Mark Norgaard Mr. Joe Bettendorf Grooters Leapaldt Tideman ... Bonestroo Rosene Anderlik & Assoc. SEH.RCM 808 Courthouse Square 2335 West Highway 36 PO Box 51 St. Cloud MN 56301 . St. Paul MN 55113 St. Cloud MN 56302 II LIIIIIIIIIIIIIIIIIIIIIL I11II L IIIIIIIIIIIIIIIIIL 1111 LIIIII 11111111111111111111111111111111 Hagemeister & Mack Architects Cole Group Mahler & Associates 501 St. Germain 110 - 2nd St. S. 14 N. 7th Ave Suite 305 Suite 400 Suite 131 St. Cloud MN 56301 Waite Park MN 56387 St. Cloud MN 56303 1111111111 111111 1111 II 1111111111 1111I111111111111111I11111111111 Wemlinger Architecture R H A Architects, Inc 2035 - 15th St N 1615 St. Germain St W. St. Cloud MN 56303 St. Cloud MN 56301 . . -. . Requirement for Statements of Qualifications Owner: City of St. Joseph Project: Remodel of First State Bank of St. Joseph for a new City Facility Remodel of existing City Hall for a Police Station Your Statement of Qualifications should include the following information: 1. Name, address (es) and brief description of firm 2. Resumes of key personnel to be assigned to this project 3. Statement as to finn's particular abilities and qualifications related to this project . 4. Description of similar projects by this firm and key personnel involved in that work. Include reference contact information 5. Provide examples of knowledge, expertise and/or experience with space programming, interior space planning, etc. 6. Prove a one (1) page narrative summarizing your firm's interest in, qualifications for, and commitment to this project. . . .. . Preliminary Scope of Work Owner: City of St. Joseph Project: Remodel of First State Bank of St. Joseph for a new City Facility Remodel of existing City Hall for a Police Station The selected architect will provide professional services required for design and construction administration for the remodeling of the above stated facilities. Selected finn's services will include but not necessarily be limited to: A. Programming: Detennine space needs, establish relationship of spaces to each other, detennine overall facility size, and develop project budget. B. Schematic Design: Develop space dimensions, graphically resolve space relationships, . generate building concept and appearance, develop project schematic cost estimate. C. Design Development: Select and coordinate systems including mechanical, electrical, and structural, select materials, resolve code issues, develop plans, and update the project cost estimate. D. Construction Documents: Prepare working drawings and bidding documents; prepare specifications. E. Bidding I Negotiation: Assist Owner in securing bids and selecting contractor. F. Construction Administratiòn: Observe work for confonnance with construction documents, review shop drawings, review pay applications, and advise owner as required. For additional infonnation contact: Judy Weyrens, Deputy Clerk 320-363-7201 . ~ '" . Schedule of Activities Owner: City of St. Joseph Project: Remodel of First State Bank of St. Joseph for a new City Facility Remodel of existing City Hall for a Police Station 06/08 Memo requesting Letters and Statement of Qualifications mailed to interested and invited firms. 06/23 Letters and Statements of Qualifications due. 06/23 Develop a list of three firms to be selected for subsequent interviews. Selection will be based on qualifications, references and compatibility with the project. . 06/24 Memo mailed to selected firms advising them ofthe date for interview and pre-interview tour or tours of site and/or facilities, along with criteria to be reviewed during the interview. 06/24 Memo mailed to all firms excluding short listed firms informing them of who will be interviewed and expressing appreciation of their interest. Wk 7/4 Scheduled interviews to be held at the time and location as previously communicated. Successful firm to be selected based on qualification and compatibility. July '99 Memo mailed to all firms interviewed reflecting the results of the interviews and expression of appreciation. July Contract with selected firm to be implemented on a negotiated scope of work and activities. July/ Aug Programming, Schematic and Design Development Sept '99 Construction documents Oct '99 Solicit bids Nov/Dec '99 A ward Construction, Begin Construction . Note: All the above dates are approximate and subject to change . ldnJudpd~N ÁXeW 'pdwwqnS AlInJPddsd(l . 'Sd~¡~Aq::m sndwu::> JJo UOUIUIO::> JO WdlH Í1u~ÃJqou pUU qddsof ·¡S O¡ Wdq¡ Í1U~WO::>pM S¡UdPn¡S lUdA IS 1 JO s¡udlud dq¡ O¡ ld:j¡dI U ¡UdS Jd~qJ d::>!I0d dq¡ dAUq O¡ dPUW SUA\ Uo~¡sdÍ12ns V 'SdmA~pU JO SSdUdlUMU ¡Udlud pUU ámq~suodSdl ¡UdPn¡S pdssn::>S~a 0 'Sg::>uuqlt1¡S~P wm O¡ SUldWU::> Ogp~A 2u~sn g::>!Iod dq¡ pgÍ1ulno::>ug: 'Z ·A¡.md UOqU¡UdPOS~P dq¡ 19UU UMO¡UMOP JJO S¡Ugpn¡s Í1u~ddOlp sdsng . 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JOSEPH PARK BOARD St. Joseph, Minnesota 56374 . Minutes of meeting held MA Y 25, 1999 Meeting called to order by Lonnie Abbott at 7:00 p.m. Members present: John Walz, Marge Lesnick, Lonnie Abbott, Michael McDonald, and Chuck Muske. Members Absent: Cory Ehlert and Bruce Berghorst. Approval of Minutes: Motion to approve the Minutes was passed. Liason Report: N/ A Chairman Report: Great Job Marge on the Brat Sale's. Old Business' Klinefelter Park: Big Toy is in. We were not able to put the Big Toy together on May 14th, it was to wet down at the Park. New date will be June 4th at 3:00. . The cement pads for the park benches and picnic tables will be done by Kurt Schneider, Lonnie will schedule this. Fundraiser: Marge Reported that we made $421 dollars profit of the 2 day brat sale we had at Gas and Bait. She thanked everyone for there help that made this project a success. She told Chuck to send thank you cards to Marcella at the St. Joe Bank, The (2) Mikes and all the employee's at Gas and Bait for all there help. Dick Loso from Loso's Store for the condiment's. Harvey Pfannenstein trom the St. Joe Meat Market, he gave us a discount on the meat. Centennial Park- Need a bottom railing on the fence. Marge got a bid of $2, 1 00 installed. This is for 805 ft ofFence. Motioned by Marge and seconded by Chuck to accept the bid. Motion Passed. Money to come trom Park Rollover Fund. Monument Park- Marge ordered 2 trees. They should be here this week. Budget Meeting' June 14, 6:30 at Centennial Park. Summer Rec' Forms are not yet available at City Hall. John will call Dave . ., ',. .'" - .:'~ -,-_....-". ST. JOSEPH PARK BOARD St. Joseph, Minnesota 56374 . and check in on this. John will also invite Dave to the June meeting to see how things are going. Meeting Adjourned NOTE- EXTRA MEETING JUNE 14 concerning Park Board Budget Next meeting June 22 at 7:00 p.m., City Hall. Submitted by: U«~ ¡¡'\y;'l ,1 j' ( '¿.o--?/ -'- -'----- Chuck Muske, Secretary . . 2 LOCAL: 320-363-7211 NATIONAL: 800-888-0222 FAX: 800-888-9624 . A member of ESSILOR OF AMERICA 30840 JOSEPH STREET · P.O. BOX 280 · ST. JOSEPH, MINNESOTA 56374 5/21/99 To Whom it may concern: This letter is regarding the condition of JOSEPH STREET. We know with a1l6fthe rain we've been having it's been hard to fix the pot holes, but something must be done soon before someone gets into a accident and gets hurt. We've been attending the city council meeting regarding the Joseph Street Project. We have concerns for parties on both sides, but we're the ones that use the road several times a day!! Joseph Street is in terrible condition and deteriorating fast. We've been at the meetings and it doesn't look like anything is going to happen this year any more. . Is it possible to fill the pot holes with class 2, tar the intersection by county road 133, and tar the section in ITont of American Manufacturing? We are signing this petition to express our concerns to you. Please take us seriously. signed the people Thank You . .,.;... '. -......... '". .. '--. .. . . . .-,... - <':. :::: ,...<. .: .' .. : .':.:.. :' '.''-:'.~~ . :::.......:~.. ,~,.:., ;.<.··':~¿·~~.~~~:~··1~~ .-':'~/~~~~~~~~~rt~~~~~~·~f~i~~;:::~~\~~J':i-L·.4~ .-'. :.--,'.. .,.,";--. ..:'" ., . c -~': -,. ·DISTRIBUTOR ºF"'CRIZAL~AND)1)2~-\w-'-.~\;'~~;.'Ill;.'i""!Jl¡~~"7'" 'f;, ¡. .]",..¡.:f".'i···A\-~~ i· .. .'.~' ·i.I" ...... ...a· :> "." ....' -:: ~..: j..\ .....- ~·t},.'].-·:ì';""·_. 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I i " ¡; ~'l-~ . ~ ' 1 : _ ) '-" U -~ ..0. ~\",J ~ .) 1 -,...J 'Y 'J , I ) ..-> I ? â -:'J \ i I :)~ .) -? i ~. ~" ~. ~ .... ,. ,-...I .. ,:: I , \', I I I 1 1,1 I I J ,,,..,..' . UNOFFICIAL . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 3, 1999 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Loso, Cory Ehlert, Mary Niedenfuer. Deputy Clerk Judy Weyrens. City Representatives Present: Dick Taufen, Public Works Director. Others Present: Steve Streng, Jeff Palm, Gary Heltemes, Tom Cruikshank. Approve Agenda: Twit made a motion to approve the agenda with the following corrections; seconded by Loso. Items deleted: Treasurer's Report, Fire Chief Reports, City Engineer Reports Items added: Bob Herges, Pond View Ridge proposed plat 6 Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Consent Agenda: a. Capital Purchase: Rewriteable CD Rom, KLN Distributing $425.00, Administration. b. Application for Pay #3, 90th and 9151 A venue. Randy Kramer Excavating $ 19,336.20. c. Exemption from Lawful Gambling - St. Joseph Fire Department for an . event to be held on August 20, 1999 at the La P1ayette. d. Liquor License: Off Sale: Loso'sMainstreet Pub, La P1ayette rnc, E1 Paso, Sal's Bar & Grill, St. Joseph Liquor Shoppe. On Sale: Loso's Mainstreet Pub, La Playette Inc, EI Paso, Sal's Bar & Grill. Sunday Liquor: Loso's Mainstreet Pub, La Playette Inc, EI Paso, Sal's Bar & Grill, American Legion. Wine: Bo Diddley's, College ofSt. Benedict. Club: American Legion. e. Gambling Permit Renew - St. Joseph Jaycees for sites at St. Joseph Gas and Bait and Sal's Bar and Grill Twit questioned the qualifications for securing a Sunday Liquor License. Loso stated that he understood that in order to sell alcohol on Sundays, establishments meet minimum food sales. Weyrens stated that she was uncertain as to the requirements and would review the qualifications and notify the Council if food sales are a requirement. Loso questioned the status of the Street Improvement Project on 90th and 9151 Avenues. Weyrens stated that the rain has caused a delay in the project but work should resume the week of June 7,1999. Twit made a motion to approve the consent agenda with the stipulation that Sunday Liquor Licenses are approved provided Statutory requirements are met. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Approval of Minutes: Loso made a motion to approve the minutes of May 20, 1999 with the following corrections: . Page 1: last sentence, correct typing error - Loso, not Los Page 3: delete the second last sentence on the page Page 5: 2nd to last line: stating the City is capable.. . UNOFFICIAL The motion was seconded by Twit. . Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Bills Payable: Twit made a motion to approve the bills payable, check numbers 26924 - 26978; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Overtime: Loso questioned whether or not the Council could view the video tape rrom the disturbance on May 21, 1999. Hiemenz responded that the video tape is evidence and it is not available for viewing. Twit made a motion to approve the overtime as presented; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Public Comments to the Agenda Dick Taufen: Dick Taufen, 32 - 2nd Ave NW appeared before the Council to discuss the recent disturbance on College Avenue. Taufen stated that each year graduation weekend becomes more of a problem and questioned when the Council will take measures to stop further disturbances. Taufen stated that if something is not done soon someone may get hurt. He also stated that the residents should not have to suffer personal property damage or incur additional expenses because of graduation or school parties. Taufen stated that he was informed by Councilor Loso that a fund was established through the CORE . Committee to pay for acts of vandalism. Niedenfuer stated the CORE Committee secured a Community Police Grant which was only good for one year. The balance of the grant was used for funding of the new computer system for the Police Department. Niedenfuer stated that she has been contacted by Doris Johnson, a resident on Ash Street, who also has concerns with graduation and party activities. Johnson has suggested the City review the Ordinance which grandfathered rental licenses allowing 5 persons per dwelling unit. Further, Johnson questioned the large General Business area which abuts Ash Street and now rental units could be controlled in this area. Twit stated that it is his opinion that the problem cannot be corrected until all parties involved, including the College/University, admit to responsibility and actively pursue remedies to prevent future disturbances. He stated that one of the problems is the rree day the students have between tlnals and graduation. Without that day there may be a lesser time for students to party and create a disturbance. Niedenfuer stated that at the CORE Committee meeting of May 12 a lengthy discussion of the Disorientation Party and possible solutions to include keeping the students at the Del Win after the bars c1ose. Niedenfuer also expressed disappointment in the level of participation by College Representatives at the CORE meetings. Niedenfuer also stated that they are invited to all the meetings but do not sent representation. She too agreed that the College and University need to take some ownership in the problems that arise on graduation weekend. Hiemenz stated the he has received many calls regarding the disturbance and was present to see the e activities first hand. In an effort to find ways to prevent future disturbances, Hiemenz reported that he . UNOFFICIAL . met with the Police Chief, City Attorney and City Prosecutor. Hiemenz reported that he will be preparing a summary of the meeting along with proposed actions/solutions. Jeff Palm. 30336 - 90th Avenue: Jeff Palm appeared before the Council to request relieffrom the City policy whereby the Water hookup fee is payable at the time the service line is extended. It wasn't until recently that Palm was informed that if he extended the service line he would be required to pay the hookup fee. Palm stated that is was his understanding at the public improvement hearing that the hookup fees did not become payable until the service is used. Further, Palm stated that he supported the improvement with the understanding he could install the service line, cap it at the house and pay the hookup charge when physically connecting to the water system. The Council discussed the hookup policy and clarified that the fees are due at the time the service line is extended. Weyrens and Taufen cited the following reasons for the policy: 1) once the service line is installed the service can be used without the City being aware of the use; 2) it cumbersome to keep track of installed service lines. Weyrens further questioned the possibility of setting precedence by relieving this policy. With the City anticipating reconstructing Joseph Street, would the property owners on Joseph Street request the same relief also? Hookup fees are used to finance the improvements of water and sewer, and if they are not collected at the time of installation, other financing plans may be necessary. Ehlert questioned if the residents could be given a three year period to pay the hookup fee. Twit and Loso cautioned this type of practice as it may set precedence for future projects. The Council agreed to consider this matter further and take action on the request on June 7, 1999. Metropolitan Transit Commission (MTC): MTC Planner Tom Cruikshank, appeared before the Council . to discuss future public transportation. Currently MTC provides transit for the cities of St. Cloud, Sauk Rapids and Waite Park. The Minnesota Department of Transportation has requested the MTC complete a market survey of current and future busing, for which MNDOT will pay 80% of the associated costs. At this time MTC is approaching St. Joseph and Sartell to see if there is an interest in becoming part of the system in the future. If St. Joseph wishes to be a part of the study area, they will be responsible for paying a portion of the unfunded survey costs. The City does not need to make a formal commitment until the proposals for the survey have been received. After the proposals have been received the cost will be determined for each participating municipality. At that time the City will need to make a financial commitment. Niedenfuer stated that during a recent Sustainable Community meeting the need for public transportation was discussed. The Committee was impressed at the services offered by the MTC. Loso stated that he recalls the last time the MTC approached the Council and it was cost prohibitive. Cruikshank stated that over the past years the MTC has revised their strategic planning and costs have been reviewed. A major determining factor in providing MTC to St. Joseph is what, if any, commitment the College of St. Benedict and St. John's University will provide. Ehlert requested clarification as to what type of public transit is being discussed. Cruikshank stated that he is specifically discussing bus transportation, not commuter rail. However, if/when commuter rail becomes a reality, MTC will work with the rail transit so as not to duplicate services. . The Council agreed to be part of the market survey for the MTC, requiring no financial obligation. Cruikshank stated that he will continue to work with the Mayor who will relay information to the UNOFFICIAL Council. It is anticipated that sometime in July the City will need to make a firm commitment and · financial obligation. Mark & Joan Loch. Easement Release Request: Mayor Hiemenz opened the hearing at 8:05 p.m. and stated the purpose of the hearing is to consider a release of the east five feet of the west 10 feet of the platted easement on property legally described as Lot 007, Block 004 Eastern Park Addition. The request has been submitted by Mark and Joan Loch, 304 Western Court. The request will release any rights of the City contained in the plat. By this action the City is not affecting any rights of public utility companies not owned and operated by the City of St. Joseph. Mark and Joan Loch spoke on their own behalf. They stated that in the process of selling their home it was determined that the garage was constructed five feet into a utility easement located on the rear of the lot. All affected utility companies have been contacted and they have all submitted a five foot release of easement. Weyrens stated that the matter was reviewed by the Public Works Director and he concurred that five feet of the easement could be released as the City does not have utilities in the easement area, nor do future plans place utilities in the area described above. Loso made a motion adopting the following resolution; seconded by Ehlert. Notice of Completion of Vacation Proceedings The City Council received a petition for the partial vacation of an easement described as follows to wit: Legal Description: Lot 007 Block 004 Eastern Park · Easement Vacation request: The east five feet of the west ten feet of the platted easement The matter came before the City Council pursuant to a petition submitted by Mark and Joan Loch for partial vacation of a public utility easement pursuant to MN Statute 412.851.The hearing of the matter was duly published and written notice was mailed to affected property owners at least ten days prior to the hearing in accordance with the Statute. Based upon the information presented at the time of the hearing, the City Council for the City of St. Joseph resolves that the above described easement vacation request located on Lot 007 Block 004 Eastern Park is hereby vacated effective immediately. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Mark Loch requested the City waive the hearing fee for the easement release as he feels they built the garage with a permit and understood that it met the requirements of the Ordinance. Loch stated that it is his opinion the Building Inspector should have been aware of the easement when the garage was constructed. Further, the discovery of the easement has created additional closing costs which would not have been incurred if the garage was not constructed over the easement. Ehlert made a motion to pay for 50% of the hearing costs to include publication and legal; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Refurbish 1994 Ford Squad Car: Officer Brad Meyer appeared before the Council to discuss the option · of refurbishing the 1994 Squad. Meyer stated the 1994 Squad is in dire need of repair or replacement. At the last Chiefs Conference a presentation was made by Shaheen Chevrolet to refurbish squad cars. - - UNOFFICIAL . During the refurbish the car is completely rebuilt, interior and exterior, including the engine and transmission. Shaheen provides a 12,000 mile warranty. The cars once furbished should last another 100,000 miles. Meyer stated they have contacted agencies that have refurbished cars and they were all satisfied with the vehicles. The Council viewed a short video on the refurbish process. Meyer stated that Shaheen will provide the City with a detailed estimate for all work that is needed. In order to receive an estimate, the City will have to ship the '94 squad to Shaheen Chevrolet at a cost of $200.00. Twit made a motion to refurbish the 1994 Ford as requested, with a cost not to exceed $11,000; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Police Capital Purchase: Meyer requested authorization to purchase a new radar and additional lighting for a total cost of $ 2,100.00. Funding for the equipment will come from the proceeds of the sale of seized vehicles. The department recently sold two vehicles with total proceeds equaling approximately $ 2,600.00. Niedenfuer made a motion to approve the equipment as requested; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Bob Herges. Pond View Ridge Six: Bob Herges appeared before the Council to request authorization to bid engineering services for Pond View Six. Herges stated that they are in the process of completing Pond View Five but have had problems with the contractor. He stated that it is his opinion that he could . have more control of the project if it were not a City project. As Pond View Five is constructed as a City project, Herges stated that he does not have control over the contractor and must rely on the City Engineer. Hiemenz stated that the City developed a policy requiring the engineering to be completed by the City Engineer as a method to increase efficiency for both the City and Developer. In the past there had been some issue of accountability. Twit stated it is his opinion that requiring the use of the City Engineer was to assure the City's best interest was being addressed. Herges responded that it is his opinion that SEH.RCM is extremely busy and does not have adequate time for the development. It is his opinion that requiring the use of the City Engineer was a step backwards. Herges clarified that if the City Engineer is not used for the construction of Pond View Six, the City Engineer will still have to approve the design ofthe plat. The only difference will be during the construction as the firm awarded the engineering will provide technical and inspection services. Loso made a motion authorizing Bob Herges to bid engineering services for Pond View Six; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5 :0:0 Director of Public Works Report Water Conservation Report: Public Works Director Dick Taufen discussed the Water Consumer Confidence Report. All municipalities are required to complete the report and have it available to the . public no later than October 1, 1999. Taufen questioned if the City wishes to complete the report internally and what method of public awareness is preferred. The Council agreed to complete the report with the assistance of the City Office staff, provided they have the ability. . UNOFFICIAL Niedenfuer requested that the report be mailed to each resident. Through discussion the Council agreed . to advertise the availability of the report by publishing the announcement on the back of the utility bills and through the cable access channel. Loso made a motion to complete the Water Consumer Confidence Report with the assistance of the City Office and inform the public of its availability through notice on the back of the water bills and use of the cable access channel. The motion was seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Water Float Down: Taufen reported that SEH.RCM has completed the float down of the water tower and the full report will be available to the Council in approximately four weeks. In discussing the float down with the engineers, it appears as there is not a need for maintenance work at this time. Maintenance Shop - New Facility: Taufen stated it is his understanding that at the previous Council meeting the need to improve and enlarge the Maintenance Shop was discussed. Taufen stated while he agrees the shop needs to be improved he has the following concerns: 1) has the City determined if the present location is the best site for the Maintenance Shop; 2) does the City wish to have a road running through the Maintenance Shop property; 3) approximately $80,000 has been set aside for the addition. However, if the cost exceeds the reserve amount how will that portion be funded. Taufen stated that while it may not be feasible, the best location and facility for the Maintenance Shop is the current Vic West site. The Council discussed alternative sites and agreed to research this matter further before expending any funds to expand the existing maintenance facility. . Concession Stand: Taufen stated that he has been questioned as to where the power will be extended from for the new concession stand at Memorial Park. At this time the City has the option of providing a new service, extending power from well house #3 or extending power from the hockey rink lights. If a new service is installed the City will pay seasonal power rates which is considerably higher. After discussing the extension of power from well house #3, the Council agreed the best power source for the concession stand is by extending power from the hockey rink. Overtime for NSP - Power outa~e: Taufen discussed the overtime incurred by the City while assisting NSP with nvo scheduled power outages. Taufen stated it is his opinion that assisting NSP was a benefit to the City and served as a training session for operating during a power outage. Therefore, it is his recommendation not to bill NSP for the overtime. Weyrens stated that the power outage also fulfills the testing requirements for Y2K readiness. The Council concurred to absorb the cost associated with the power outages. US West \.\Tireless - Landscaping requirements: Niedenfuer questioned Taufen as to the status of the landscaping required as part of the lease for placing the antennas on/near the tower. Taufen stated that he discussed this matter with the Mayor and requested that shrubbery not be planted. If shrubbery is planted the Maintenance Department will have to maintain the area with hand equipment. Without the landscaping the department can mow the area with the riding equipment. Ehlert questioned if the City could require the landscaping but place the material in one of the park areas. The Council agreed to view the tower and discuss the matter at the next Council meeting. . . UNOFFICIAL . Mavor Reports: None Council Reports TWIT Federation Contract: Twit reported that he and Mayor Hiemenz met with a representative of the Law Enforcement Labor Services at which time they presented items for discussion for the 2000 Police Contract. The next meeting with union representatives will be on July 8, 1999. EHLERT No report LOSO No report NIEDENFUER No report. Clerk! Administrator Reports: Weyrens reminded all Councilors of the upcoming budget. Budgets will need to be submitted to the City Office by July 30, 1999. . Adiourn: Loso made a motion to adjourn at 9:40 p.m.; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Judy Weyrens Deputy Clerk . ~ ... . ~ UNOFFICIAL . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on .. Thursday, May 27, 1999 at 6:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Loso, Cory Ehlert, Mary Niedenfuer. Deputy Clerk Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf, EDA Director Chad Carlson. Others Present: Alan Brandenburger, Ted Schmidt, JoAnn Schneider, Alan Gwost, Vicki Ostendorf, Diane Schrifels. Mayor Hiemenz called the hearing to order and stated the purpose of the hearing is to consider the making of an improvement on proposed 6th Avenue NE (Northland Drive) from CSAH 75 to Gumtree Street East and a 7.70 acre parcel of property located south of Gumtree Street and west of proposed 6th Avenue NE (Northland Drive) by bituminous surfacing, concrete curb and gutter, storm sewer, water and sewer, pursuant to Minnesota Statutes, Sections 429.011 to 429.111.' The estimated cost of the improvement is $ 457,000. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. City Engineer Joe Bettendorf discussed the proposed improvement. The feasibility report provided the City with three construction alternatives as follows: OPTION ONE: Develop the Road as a Rural Road Length of Road: 1,350 feet (from Gumtree Street East to CSAH 75) Width of Road: 26 feet . Surface material: 1 inch bituminous wear, 2 inches of bituminous base and 8 inches of Class 5 Future update: The road will be designed and built to a width of 44 feet to accommodate utilities in the future. Drainage: Ditches and ponding along north side ofBN right-of-way. Utilities: None Cost: $ 150,658 OPTION TWO: Urban Street Section and Utilities Length of Road: 1,350 feet (from Gumtree Street East to CSAH 75) Width of Road: 26 feet from Fir Street to CSAH 75 (Rural); 40 feet from Gumtree east to Fir (Urban) Surface material: Same as option one for the Rural section. Urban Street section: curb, gutter, 4.5 feet of 8 inch Class 5 aggregate, 5.5 feet of2 inch bituminous base course to each side Drainage: Collected in the curb and gutter and then outlet into either the drainage pond located in Northland or into the ditches and pond along north side ofBN right-of-way Utilities: 8 inch sanitary sewer and 10 inch water main provided to the east and west of Fir Street Cost: $ 206,606.00 OPTION THREE: Urban Section and Utilities Length of Road: 1,350 feet (from Gumtree East to CSAH 75) Width of Road: 40 foot Urban design road Surface material: Same as option two Drainage: Drainage between Gumtree and CSAH 75 would drain to curb, gutter and storm drain. The storm sewer would outlet into Northland Pond or north side ofBN right-of-way Utilities: 8 inch sanitary sewer and 10 inch water :trom FirStreet and connect utilities to Buettner Park . Cost: $ 329,707.00 o. , UNOFFICIAL Bettendorf stated the Council prefers option three and at this time are seeking input from affected property owners. . Bettendorf further discussed the funding breakdown and cost of assessments. Under option three the proposed improvement would be financed as follows: Northland Development Commercial Development (Brandenburger Estate) Assessment $ 182,528 Assessment $ 244,094 Lots 18 Frontage 1,220 Unit/Lot S 10,140 UnitlFt 200 Al Brandenburger spoke in objection to the proposed improvement. He stated that he is the administrator of estate for Ray Brandenburger and as such does not feel the proposed improvement will increase the value of the property. He further questioned if extending services to the property will equal or increase the value of the land to cover the assessments. Bettendorf stated that at this time the numbers are preliminary and will vary based on the bid price. The assessments were based on the actual front footage and the property value will increase because of the assessment. Ehlert questioned if the City could contact the City Assessor to verify the assessments will be recouped through land sales. Alan Gwost of 407 Gumtree Street East spoke in objection to the proposed road. Gwost stated that if the proposed street is constructed, Gumtree Street will be a major thoroughfare. Further, there are many children living along Gumtree Street and in his opinion the proposed road will pose a safety hazard. Ted Schmid of Avon Lumber stated that he supports the proposed improvement and is willing to work with the City to construct an additional 18 homes. . Vicki Ostendorf of 520 - 1 st Avenue NE spoke in support of the proposed improvement. Ostendorf stated that while no one wants traffic in front of their house, it is going to happen regardless. In her opinion the City needs to find a way to regulate the traffic with stop signs or reduced speed limits. For the past three years the residents along 1st A venue NE have been requesting the City provide a seconded ingress/egress to Northland Addition. The proposed improvement is long awaited. JoAnn Schneider of 408 Gumtree Street East spoke in objection to the project. Schneider stated that providing an additional access without multiple outlets will create a traffic problem on Gumtree Street and she urged the Council to redesign the project. She stated that she wants what other neighbors in St. Joseph have, multiple street/outlets. Bettendorfresponded that the proposed street was established when the original plat was submitted in 1991. At that time the City worked with Ray Brandenburger and secured an easement for the future roadway. In order to complete the roadway the City successfully secured an additional crossing from Burlington Northern. Diane Schriefels of 501 Gumtree Street spoke in objection to the proposed street improvement. Schriefels stated that if the proposed improvement is constructed as planned, the traffic on Gumtree will increase tremendously. Schriefels also requested the Council consider constructing additional outlets. AI Brandenburger again stated that on behalf of the Brandenburger Estate, he does not support the construction of Northland Drive as he believes it is not in the best interest of the estate. Ted Schmid. Avon Lumber One, stated that the proposed road was planned in 1991 and he has been working with the City over the past 9 years to develop the Northland Addition. Schmid further stated that he can proceed with the next phase of Northland without the proposed street. The preliminary plat for the area in question has not . changed since 1991. Northland has the potential of adding 52 homes in three future phases. As future phases are built additional outlets can be constructed, particularly to the north. .. UNOFFICIAL . JoAnn Schneider questioned if the streets in the new section of Northland could be redesigned with 5th Avenue . extending straight south rather than curve to outlet on Gumtree Street and if Fir could be extended to meet 5th Avenue. If the street is redesigned residents would have alternate routes other than driving on Gumtree. Bettendorf stated that redesigning the roads would require the City to acquire additional right-of-way. Further, he would have to verify that the sanitary sewer system would flow under the proposed design. The Council discussed the realignment of 5th Avenue SE and stated they preferred the proposed realignment if it works from an engineering stand point. Also, the Council clarified that if the road is redesigned it may take more than a year before Fir Street is extended. Financially the City cannot afford to provide three or four outlets and is excited that a second ingress/egress can be constructed at this time. The Council also discussed the width of the road and installing utilities along the shoulder of the road in the Commercial section. Bettendorf stated that the City has secured 80 feet in ROW through the Brandenburger property. At this time the City could construct an urban street, including curb and gutter, from Fir Street north to Gumtree and everything south of Fir Street would be constructed as a rural road. Twit questioned the safety of the intersection of CSAH 75 and proposed 6th Avenue SE (Northland Drive). In order to avoid traffic hazards, 6th Avenue SE (Northland Drive) will need to be wide enough to accommodate a right hand turn lane. Bettendorf stated that eventually the intersection of CSAH 75 and 6th Avenue SE (Northland Drive) will be regulated by a traffic light. Ehlert made a motion requesting the Engineer to review the feasibility of moving Fir Street south, in alignment with the existing Fir Street and to design 5th Avenue NE as a straight roadway connecting to Fir Street East. The motion was seconded by Twit. . Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Ehlert made a motion to continue the hearing on June 15, 1999; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Miscellaneous Matters Purchase of First State Bank: Loso made a motion to hire SEH.RCM as the architect to design the remodeling of the First State Bank for the City Offices. The motion was seconded by Niedenfuer. Discussion: Joe Bettendorf recommended the City request proposals for the Architectural Services. Loso and Niedenfuer withdrew their motion and second. Twit made a motion requesting the City Offices to request proposals for architectural services for the remodeling of the First State Bank for the City Offices; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Extension of Services - Mugg Property: Weyrens presented a draft letter to Clarence Ruetter stating the City's intent to provide sewer services to the Mugg property. The Council generally agreed the letter should state the City is capable, not willing to, provide services to the Mugg property provided the development plan is consistent with . the Comprehensive Plan and Zoning Ordinances. Loso made a motion to forward the letter to Clarence Ruetter stating the City is capable of providing sewer services. The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert Nays: Niedenfuer Motion Carried 4: 1:0 - UNOFFICIAL Adiourn: Twit made a motion to adjourn at 9:00 p.m.; seconded by Ehlert. . Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Judy Weyrens Deputy Clerk . . . " 4 Jun 1999 Bills Payable Page 1 Ion 6:16 PM City of St. Joseph June 15, 1999 . Check Transaction Depart Number Name Amount Comments Description Fund 26980 BANYON DATA SYSTEM 18.01 software support Accounting 101 26980 BANYON DATA SYSTEM 300.00 winfund conversion Salaries & Adminstrative 101 26981 BEE LINE MARINE 32.95 alignment, 94 squad Crime Control & Investigation 101 26982 BROWNING-FERRIS INDUSTRIES 88.87 refuse, ww plant Administration and general 602 26982 BROWNING-FERRIS INDUSTRIES 44.44 refuse, fire Fire Fighting 105 26982 BROWNING-FERRIS INDUSTRIES 7,708.00 residential refuse Waste Collection 603 26982 BROWNING-FERRIS INDUSTRIES 426.27 refuse, parks Park Areas 101 26983 CELLULAR 2000 71.55 cell phone, Dick Street Maintanence 101 26983 CELLULAR 2000 60.10 cell phone, police Communication Service 101 26984 CENTRAL MCGOWAN 14.86 medical oxygen Medical Services 105 26984 CENTRAL MCGOWAN 7.44 medical oxygen Crime Control & Investigation 101 26985 CITY OF ST. CLOUD 8,741.28 sewer rental, may Sewage Treatment Plant 602 26986 DANKO EMERGENCY EQUIPMENT, CO 566.55 boots,coat, pants Fire Fighting 105 26987 DRUNK BUSTERS OF AMERICA 98.00 impairment goggles Crime Control & Investigation 101 26988 EARL F. ANDERSON & ASSOC 2,404.97 street paint Street Maintanence 101 26989 FIRST STATE BANK 6.60 payroll services Accounting 101 26989 FIRST STATE BANK 6.90 collection fee Administration and General 601 26989 FIRST STATE Bh~K 6.90 collection fee Administration and general 602 26989 FIRST STATE BANK 6.90 collection fee Waste Collection 603 26990 GOPHER STATE ONE-CALL 76.12 notification fee Administration and General 601 26990 GOPHER STATE ONE-CALL 76.13 notification fee Administration and general 602 26991 HARDRIVES 51.01 street repair Street Maintanence 101 . 26991 HARDRIVES 127.53 street repair mix Street Maintanence 101 26992 HAVILAND, JEFF & JANET 60.00 summer recreation refund 101 26993 HAWKINS WATER TREATMENT GROUP 12.00 water tests Administration and General 601 26993 HAWKINS WATER TREATMENT GROUP 12.00 water tests Administration and General 601 26993 HAWKINS WATER TREATMENT GROUP 12.00 water tests Administration and General 601 26994 HEIMAN BROTHERS, INC 203.07 2 pairs boots Fire Fighting 105 26995 J. F. SCHAEFER & ASSOCIATES INC 662.46 ROW takings, review Street Maintanence 421 26996 LEEF BROS 11.28 floor runner City Hall 101 26996 LEEF BROS 5.64 floor runner City Hall Annex :'01 26996 LEEF BROS 17.30 clothing service Street Maintanence 101 26996 LEEF BROS 17.30 clothing service Park Areas 101 26996 LEEF BROS 17.30 clothing service Administration and General 601 26996 LEEF BROS 17.30 clothing service Administration and general 602 26997 LOSO'S STORE 7.03 brat sale supplies Park Areas 101 26998 MINNESOTA SAFETY COUNCIL 35.00 health & safety conferenc Police Training 101 27001 NORTHERN STATES POWER 17.96 street lighting Signal Lights 101 27001 NORTHERN STATES POWER 1,608.19 street lighting Street Lighting 101 27001 NORTHERN STATES POWER 64.63 electricity Park Areas 101 27001 NORTHERN STATES POWER 36.15 electricity Ball Park and Skating Rink 101 27001 NORTHERN STATES POWER 243.85 electricity City Hall 101 27001 NORTHERN STATES POWER 65.22 gas City Hall 101 270Cl NORTHERN STATES POWER 48.32 electricity City Hall Annex ' A' 27001 ~ORTHERN STATES POWER 24.89 electricity City Hall Annex 101 . .. - - >. 4 Jun 1999 Bills Payable Page 2 Ion 6: 16 PM City of St. Joseph . June 15, 1999 Transaction Depart Check Number Name Amount Comments Description Fund 27001 NORTHERN STATES POWER 26.77 gas City Hall Annex 101 27001 NORTHERN STATES POWER 30.56 gas Maint Shop 101 27001 NORTHERN STATES POWER 45.84 electricity Street Maintanence 101 27001 NORTHERN STATES POWER 27.57 gas Street Maintanence 101 27001 NORTHERN STATES POWER 37.00 gas Maint Shop 101 27001 NORTHERN STATES POWER 55.49 gas Street Maintanence 101 27001 NORTHERN STATES POWER 21.03 electricity Community Sign 101 27001 NORTHERN STATES POWER 119.24 electricity Storage 601 27001 NORTHERN STATES POWER 21.74 gas Purification 601 27001 NORTHERN STATES POWER 284.48 electricity Purification 601 27001 NORTHERN STATES POWER 783.49 electricity Power and Pumping 601 27001 NORTHERN STATES POWER 38.50 gas Power and Pumping 601 27001 NORTHERN STATES POWER 332.67 electricity Sewage Treatment Plant 602 27001 NORTHERN STATES POWER 50.04 gas Sewage Treatment Plant 602 27001 NORTHERN STATES POWER 48.99 electricity Sewer Lift Station 602 27001 NORTHERN STATES POWER 19.01 electricity Sewer Lift Station 602 27001 NORTHERN STATES POWER 244.04 electricity Fire Station and Building 105 27001 NORTHERN STATES POWER 91.80 gas Fire Station and Building 105 27001 NORTHERN STATES POWER 6.28 siren Emergency Siren 101 27002 OFFICE MAX 17.98 certificates of occupancy Building Inspec. Admistration 101 27002 OFFICE MAX 52.66 copying, summer ree Participant Recreation 101 . 27002 OFFICE MAX 172.05 office supplies Salaries & Adminstrative 101 27003 RAJKOWSKI HANSMEIER LTD 2,300.00 legal fees, criminal Crime Control & Investigation 101 27003 RAJKOWSKI HANSMEIER LTD 552.00 ordinance update, legal Ordinance/Easement Enforcement 101 27003 RAJKOWSKI HANSMEIER LTD 16.00 legal fees, industrial pk Industrial Development 101 27003 RAJKOWSKI HANSMEIER LTD 620.60 legal fees, general City Attorney 101 27003 RAJKOWSKI HANSMEIER LTD 816.00 legal fees, bank building City Attorney 101 27004 SEH 502.50 engineering, Northland Dr Street Maintanence 106 27004 SEH 1,852.00 engineering,utilities 133 Street Maintanence 421 27004 SEH 15,501.18 engineering, 90th & 91st Street Maintanence 420 27004 SEH 1,175.93 engineering,Joseph Street Street Maintanence 421 27005 ST. CLOUD FIRE EQUIPMENT 89.46 safety signs Street Maintanence 101 27006 ST. JOSEPH FIRE DEPARTMENT 25.00 lake region meeting Fire Training 105 27007 SUPER AMERICA 135.72 gas Crime Control & Investigation 101 27008 UNUM LIFE INSURfu~CE 313.02 disability insurance 101 27009 US ;":NK 60.05 telephone Salaries & Adminstrative 101 27009 US LINK 43.79 telephone City Hall 101 27009 US LINK 260.45 telephone Communication Service 101 27009 US LINK 110.17 telephone Maint Shop 101 27009 US LINK 110.17 telephone Economic Development Authority 101 27009 US LINK 47.11 telephone Fire Communications 105 27009 US LINK 52.21 telephone Administration and General 601 27009 US LINK 47.11 telephone Sewer Lift Station 602 27009 US LINK 47.11 telephone Sewage Treatment Plant 602 27009 US LINK 63.52 telephone Administration and general 602 . ~ . 14 Jun 1999 Bills Payable Page 3 ~'¡on 6:16 P~·1 City of St. Joseph June 15, 1999 · Check Transaction Depart :-;umber Narr.e Arr:cunt Comments Description Funè 270:'0 ¡'¡AL«I~\G 3ILLBOARDS 1.212.08 t-shirts, summer rec Participant Recreation ~V.l. --------- Granà Total 52,620.68 · · ? ? ~ 0 -J-'O 0 0 0' 011 0 C:O U) U) U), U) II Lu ;:I , II ~ " U) OU) r-- N N' N II (.) ~ g 0 ~~ M 0 01 o II '" .... 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Rezoning Request - Highway 75 Corridor Rezoning Request - B-2 Highway 75 Corridor On June 7, 1999, the Planning Commission conducted a public hearing to consider the rezoning of certain properties. The purpose of the hearing was to consider rezoning property from the current General Business to Highway 75 Business (see attached map) The Rezoning is being requested to allow the City to manage the growth along Highway 75 and require minimum design standards. The hearing was duly published and held. After reviewing the Comprehensive Plan and receiving public input, Ehlert made a motion to recommend the City Council adopt the rezoning as illustrated on the attached map. The motion was seconded by Graeve and passed unanimously by those present. (The orange highlighted areas on the attached map indicated the proposed Highway 75 Corridor) . .' /,' ~. n. ! . \~\\\ ..... .......-\:-:. [ ... .~ ..~ I \ .-==:' I ~. I : I ! I ""I- I ! . I f~ ~~ ,---1 . 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