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Home My WebLink About2003 [08] Aug 07 {Book 28} · www.cityofstjoseph.com ity of St. Joseph St. Joseph City Council August 7, 2003 25 College Avenue North 7:00 PM PO Box 668 St. Joseph, MN 56374 1. 7:00 PM - Call to Order (320) 363-720 I Fax: (320) 363-0342 2. Approve Agenda ADMINISTRATOR 3. Consent Agenda Judy Weyrens a. Minutes - Requested Action: Approve the minutes of July 17,2003 b. Bills Payable - Requested Action: Approve Check Numbers 33064·33129 MAYOR c. Human Resource Training - Requested Action: Authorize the Administrator to Larry J. Hosch attend a seven program Public Sector Human Resource program offered through the University of Minnesota COUNCILORS d. Capital Purchase: Authorize the expenditure of$ 2,000 to paint and equip the Alan Rassier donated 4 x 4 Truck (Truck donated by the Army) Ross Rieke e. Fire Mutual Aid: Requested Action: Authorize the Mayor and Administrator to Gary Utsch execute the revised Mutual Aid Agreement for the Fire Department. The new Dale Wick agreement adds a provision regarding FEMA Funding. f. Surplus Property: Requested Action: Authorize the reduction of the selling price ofthe Fire Truck listed with Firetec as recommended by the Fire Board. g. Final Franchise Agreement: Requested Action: Adopt final Ordinance · establishing PEG Access fee, capping the fee at $ .60 4. 7:05 PM - Public Comments to the Agenda 5. 7:07 PM - City Engineer Reports a. Trunk Watermain b. Callaway Street Update c. Project Update d. Other matters 6. Alcohol Matrix Committee Report 7. Department Head Reports - Police Chief a. Administrative Fines - Adopt Bail Schedule and Enabling Ordinance b. 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Building Permit Fees 11. Adjourn · . ST. JOSE'H CITY COUNCIL AUGUST 7, 2003 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS 1. ~()~L L!{)r~£~ ~ (J ~ 1£ ~ It (j 2 s:: p- 2. 3. 4. 5. 6. 7. 8. . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. . 21. CITY OF ST. JOSEPH 08/01/03 11 :42 AM Page 1 Bills Payable . Check # Search Name Comments Amount FUND DEPART OBJ 033064 HOLDINGFORD FIRE DEPARTMENT training $32.00 105 42240 331 033065 ACCLAIM BENEFITS-REIMB reimb, flex-med $561.20 101 033066 AFSCME COUNCIL 65 dues, july $234.40 101 033067 AT & T WIRELESS SERVICES police car modem $147.00 101 42151 321 033068 BAUERL Y COMPANIES calcium chloride $108.63 101 43120 210 033069 CITY OF ST. CLOUD-RSVP RSVP services-2003 $3,500.00 101 49200 430 033070 DNR - WATERS water permit $471.75 601 49440 442 033071 HAWKINS WATER TREATMENT GRO tests $29.00 601 49420 312 033071 HAWKINS WATER TREATMENT GRO tests $109.00 602 49480 312 033071 HAWKINS. WATER TREATMENT GRO tests $14.50 601 49420 312 033071 HAWKINS WATER TREATMENT GRO tests $43.50 601 49420 312 033071 HAWKINS WATER TREATMENT GRO tests $109.00 602 49480 312 033072 HElM, GERALD rent, august $133.00 601 49440 410 033072 HElM, GERALD rent, august $133.00 602 49490 410 033072 HElM, GERALD rent, august $134.00 101 43120 410 033073 KUECHLE UNDERGROUND INC. payment #4, 2002 SE Sewer $81,110.93 425 49490 530 033074 LAW ENFORCEMENT LABOR SERVIC dues, july $185.00 101 033075 MENARDS 7" disc, grinding wheel, terminal kit, select boar $108.93 101 45201 220 033076 MINNESOTA SALES AND USE TAX 2nd qtr water tax, mar-apr $299.00 601 00000 033076 MINNESOTA SALES AND USE TAX 2nd qtr sales tax $228.00 101 00000 033077 ONE CALL CONCEPTS, INC notification-june $113.15 601 49440 319 033077 ONE CALL CONCEPTS, INC notification-june $113.15 602 49490 319 .i R. L. LARSON EXCAVATING, INC payment #2, 2002 east baker st lift station $12,433.60 501 49470 530 RAJKOWSKI HANSMEIER L TD legal-general $1,598.50 101 41610 304 RAJKOWSKI HANSMEIER L TD legal-criminal $2,155.50 101 42120 304 033079 RAJKOWSKI HANSMEIER L TD legal-CR 121 $109.00 425 43122 530 033079 RAJKOWSKI HANSMEIER L TD legal-2003 maintenance facility $47.50 429 43120 510 033079 RAJKOWSKI HANSMEIER L TO legal-cable $228.00 101 41950 304 033079 RAJKOWSKI HANSMEIER L TD legal-ordinances $1,379.00 101 41130 304 033079 RAJKOWSKI HANSMEIER L TD legal-sl. ben's eminient domain $66.50 101 41610 304 033079 RAJKOWSKI HANSMEIER L TO legal-CR 121 $10.00 425 . 43122 530 033079 RAJKOWSKI HANSMEIER L TD legal-general police $887.50 101 42120 304 033080 SHINGOBEE BUILDERS, INC payment #4, 2003 maintenance facility $146,099.70 429 43120 520 033081 WERNER ELECTRIC SUPPLY bulbs, tie straps $105.25 101 43120 220 033081 WERNER ELECTRIC SUPPLY bulbs, tie straps $105.25 602 49480 220 033083 STATE OF MN-MUNICIPAL BOUNDAR annexation, Liberty Pointe $68.64 101 41910 431 033084 US BANK TRUST CENTER 1996 East MN crossover refunding bonds $362,195.96 315 47100 600 033084 US BANK TRUST CENTER 1993 East MN crossover refunding bonds $13,537.49 312 47100 600 033084 US BANK TRUST CENTER 1997 fire hall crossover refunding bonds $182,082.77 317 47100 600 033085 STATE OF MN-MUNICIPAL BOUNDAR annexation, Arkon Development $200.00 101 41910 431 033086 POSTMASTER utility billing postage $80.53 601 49440 322 033086 POSTMASTER utility billing postage $80.53 603 43230 322 033086 POSTMASTER utility billing postage $80.53 602 49490 322 033087 STEARNS COUNTY TREASURER right of way-callaway, field st $1.65 425 43122 530 033088 STEARNS COUNTY TREASURER right of way-callaway & field streets $276.02 425 43122 530 033089 STEARNS COUNTY RECORDER right of way-callaway & field streets $80.00 425 43122 530 033091 COLLEGE OF ST. BENEDICT right of way-callaway & field streets $82,867.63 425 43122 . 530 033092 CARPET MAN, INC carpet cleaning in training room $261.26 105 42281 220 033093 CELLULAR 2000 cell phone $2.51 105 42250 321 033094 COMMISSIONER OF REVENUE state withhold 7/23 pay $1,220.75 101 033095 EFTPS federal withhold 7/23 pay $2,685.76 101 033095 EFTPS fica withhold 7/23 pay $2,944.96 101 033096 HAWKINS WATER TREATMENT GRO hydroftuosilicic acid $285.74 601 49420 210 .~ ING LIFE INS & ANNUITY COMPANY deferred comp 7/23 pay $50.00 101 KLN DISTRIBUTING repair tracy's computer, cable replaced -$110.00 101 41430 220 033099 KLN DISTRIBUTING repair tracy's computer, cable replaced $239.98 101 41430 220 033100 MINNESOTA CHILD SUPPORT CENTE pay period 7/4/03 - 7/17/03 $98.42 101 033101 MINNESOTA ELEVATOR, INC service, July $69.62 101 41942 220 033102 OEHRLEIN, JAMIE reimb-water/sewer install, gene lange excavatin $1,566.00 425 43122 530 CITY OF ST. JOSEPH 08/01/03 11 :42 AM Page 2 Bills Payable . Check # Search Name Comments Amount FUND DEPART OBJ 033103 PERA retirement 7/23 pay $3,285.00 101 033104 PITZEN, NICOLAS 8 cable events $160.00 101 41950 103 033105 SEH engineering-northland 7 $771.00 428 43123 530 033105 SEH engineering-SE utility $4,192.24 425 49490 530 033105 SEH engineering-pond view 7 $748.50 101 43131 303 033105 SEH engineering-ppl submittal $94.50 601 48410 530 033105 SEH engineering-NPDES II ind permit $392.00 101 4:',131 303 033105 SEH engineering-NPDES .11 permit $69.00 101 4:'131 303 033105 SEH engineering-CR 121 $2,091.56 425 4: 122 530 033105 SEH engineering-graceview $412.00 101 4:131 303 033105 SEH engineering-baker st lift station $487.12 501 4~d70 530 033105 SEH engineering-northland 6 $1,464.40 101 4:,131 303 033105 SEH engineering-scpd grant admin $580.71 425 4:122 530 033105 SEH general engineering services $560.50 101 4:::,31 303 033105 SEH engineering-liberty pointe $22,182.50 428 4:'124 530 033105 SEH engineering-northland 7 design $2,750.42 428 4: :23 530 033105 SEH engineering-2002 street imp $8,934.06 425 4: ,20 530 033105 SEH engineering-2002 ind pk $188.00 425 4: 21 530 033106 SPEEDY PRINT receipt books $220.56 101 4,30 200 033107 ST. JOSEPH NEWSLEADER legals-ord 71, hours of operation $47.18 101 4 '30 304 033107 ST. JOSEPH NEWSLEADER legals-ord 71, identification $61.05 101 4' 130 304 033107 ST. JOSEPH NEWSLEADER legals-ord 72 closing hours $44.40 .1'01 4' '30 304 . ST. JOSEPH NEWS LEADER legals-ord 72 3.2% malt liquor $36.08 101 4 '30 304 ST. JOSEPH NEWSLEADER legals-ord 74 3.2% $36.08 101 4' '30 304 o 08 STEARNS COOPERATIVE ELEC. ASS lift station-northland $34.00 602 4'72 381 033108 STEARNS COOPERATIVE ELEC. ASS electric-new maint facility $13.00 101 4: 20 381 033108 STEARNS COOPERATIVE ELEC. ASS lift station-CR 121 $29.00 602 4~ 73 381 033108 STEARNS COOPERATIVE ELEC. ASS street lights $25.00 101 4: 60 386 033108 STEARNS COOPERATIVE ELEC. ASS lift station-DBL Labs $33.76 602 4' :71 381 033108 STEARNS COOPERATIVE ELEC. ASS street lights $367.25 101 4: 'GO 386 033109 ACCLAIM BENEFITS-REIMB reimb, flex-dep care $1,221.70 101 033110 ALL SPEC SERVICES inspection fee, july $5,370.96 101 4:,01 311 033111 BORGERT PRODUCTS,INC/SKN TIF Payment-Principal $2,454.97 155 4( -,00 600 033111 BORGERT PRODUCTS, INC/SKN TIF Payment-Interest $5,991.00 155 4' 00 611 033112 CENTRAL HYDRAULICS repair hydralic cylinder $73.08 101 4' 02 220 033113 FARM PLAN oil filters $31.37 101 4)2 220 033114 HAWKINS WATER TREATMENT GRO tests $109.00 602 4' 30 312 033114 HAWKINS WATER TREATMENT GRO tests $43.50 601 4' 20 312 033114 HAWKINS WATER TREATMENT GRO tests $29.00 601 4'20 312 033115 J & M OIL CO. #2 dyed fuel $234.37 101 4~:02 220 033116 K.E.E.P.R.S. INC uniforms-jean gustin $26.52 101 4: '20 171 033117 LlNGL, GREG & JULIE cleaning service, july $275.00 101 4 ',2 300 033118 MCDOWALL COMFORT MANAGEMEN service contract, HVAC $5,400.00 101 4 12 220 033118 MCDOWALL COMFORT MANAGEMEN repair mitsubishi unit $762.70 101 4 12 220 033119 MINNESOTA CRIME PREVENTION dues,2003 $25.00 101 4: ':0 433 033120 MN CHIEFS OF POLICE ASSOC permits for handguns $12.75 101 4 -:0 210 033121 MOODY'S INVESTORS SERVICE agent fees, 2003 fire crossover refunding bonds $3,250.00 331 4-;0 620 033122 NCPERS GROUP LIFE INSURANCE life insurance, august $9.00 101 033123 PRINCIPAL LIFE medical insurance, august $10,884.62 101 033124 REED CONSTRUCTION DATA 2003 street imp, water main $138.32 428 4 ~O 530 033125 SAFETY TRAIN, INC workzone safety class $50.00 101 4' -:0 212 033126 ST. JOSEPH NEWS LEADER legals-regulation of fireworks $33.30 101 4 '10 304 033127 SUPER AMERICA gas $50.88 105 4: "0 210 .7 SUPER AMERICA gas $80.85 101 4 ~O 210 03 12~ SUPER AMERICA gas $80.85 101 4 12 210 SUPER AMERICA gas $80.84 601 4' :0 210 033127 SUPER AMERICA gas $80.84 602 4' JO 210 033128 TIREMAXX SERVICE CENTERS repair pickup $146.31 601 4' \0 220 033128 TIREMAXX SERVICE CENTERS repair pickup $146.31 101 4 '0 220 CITY OF ST. JOSEPH 08/01/03 11 :42 AM Page 3 Bills Payable . Check # Search Name Comments Amount FUND DEPART OSJ 033129 VISIONARY SYSTEMS L TD firehouse software support $595.00 105 42210 215 $992,009.10 . . .. I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3 (c) DATE: August 7, 2003 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Human Resource Training - Authorize attendance of Administrator to Public Sector Human Resource Training. PREVIOUS ACTION . RECOMMENDED BOARD ACTION FISCAL IMP ACT The program consists of seven courses, one offered each month. The cost of each session is $ 295. Part of the cost would be incurred with the 2003 budget and the remaining would come out of the 2004 budget. COMMENTS/RECOMMENDATIONS . IC SECTOR HR COURSES Prepare Public Sector Training Topics Include today's d D I . Training vs. Public Sector wot1dorce for an eve opment development Topics Include With a competitive labor market and the continued · Training needs analysis Staffing · A basic overview of tomOITOW'S challenge to innovate, the public sector must meet the · Learning principles the selection process challenges increased demand for training. This workshop introduces · Seff-direeled learning Employment practices in the public sector may differ · Specifying job a systematic approach to training and development · Individual development somewhat from those used in the private sector. The requirements Instructor: Mary Ostroum, human resources \raining . fact remains, however, that in this tight labor market, · Attracting qualified Fri and development coordinator, Minneapolis Public all employers must become skilled in attracting and candidates Feb 20 Housing Authority. selecting the best This workshop offers the praelicaJ · Staffing issues: F, February 20, 2004 (#04W4205) tools and techniques needed for an effective testing, civil service, 9 a.m. to 4 p.m. . HHH Center selection process. volunteers, veterans' Ins1nJctor: Richart! Brainert!, director of human preference, etc. Perspectives Public Sector Human resources, Metropolitan Council. Topics Include F, Septem~r 12, 2003 (#03F4201) S~p\- ·l '2- and best Resource Issues · Collaboration 9 a.m. to 4 p.m. . HHH Center practices in · Interest bargaining Focusing on issues of specific interest to the public · A code of ethics It Public Sector the public human resource specialist and manager, this seminar · Current legislation Topics Include sector welcomes discussion on timely and relevant topics. · Challenging the "way Employment Law · Hiring and discharge Instructor. Richart! BraInerd, director of human we've always done it" praelices resources, Metropolitan Council. The legal environment presents special challenges · Sexual harassment Fri F, March 19, 2004 (#04W4206) for managers in government units and schools. This · Race, age, and disability Mar 19 9 a.m. to 4 p.m. . HHH Center workshop provides an overview of employment law, discrimination especially as it pertains to the public sector, · FMLA, ADA, and introduces legal concepts including implied contrac~ Workers' Compensation Managed Authority in the Topics Include defamation, and negligent hire; and offers practical · Veterans' Preference conflict · Principles underlying suggestions for responding to those challenges. Public Workplace Instructor; Carol Berg O'Toole, attorney, Carol Berg the distribution of O'Toole and Associates, PA. Based on a series of checks and balances, the power F, October 10, 2003 (#03F4202) cd. \'0 Fri dispersion of authority in the public seelor strives to · Management and 9 a.m. to 4 p.m. . HHH Center Apr 23 strike a balance between accomplishing the public's employee rights business and protecting the rights of the employee. · PElRA and authority Public Sector Varying perceptions of authority and challenges to · Managing labor Topics Include authority result in situations unique to the pUblic sector. contracts I Peñonnance · Determinants of This workshop explores the applicetion of authority and · Grievances and employee performance suggests techniques for effectively managing the discipline Management · Unks between pay and creative tension which results. · Privacy and freedom :e performance Instructor. W1Illam Joynes, city manager, City of of speech issues The public entities must devise a system for defining, · Performance appraisal Golden Valley. measuring, and managing performance while vs. organizational - F, April 23, 2004 (#04P4207) adhering to a myriad of rules and regulations. This reality 9 a.m. to 4 p.m. . HHH Center course outlines the factors that contribute to · .coaching/performance employee performance, examines the constraints, management tools and suggests tools and techniques for establishing a workable system. Instructor: William Joynes, city manager, City of l Golden Valley. F, November 14, 2003 (#03F4203) ~'Þ¡. }f EES CertificatePtograms help you gain 9 a.m. to 4 p.m. . HHH Center valua,ble knowledge andjl1Ñ9ratlÞthe'skills Public Sector Topics Include tha~:>·· _. '.,~ .~. ,~. ",~..ècò'~r,71' - ion Compensation · Compensation planning and design The compensation practices of government agencies · Job documentation, and school systems are unique and increasingly evaluation, and complex. This course introduces the principles of classification . compensation, reviews current pay practices, and · Market pricing discusses emerging trends. · Pay structure Instructor: Rot! Kelsey, principal and vice president, development and Riley, Dettmann & Kelsey, llC. administration gUidelines F, December 12, 2003 (#03F4204) 9 a.m. to 4 p.m. . HHH Center .Dec. (2- "S.CarlsonSehool.umn.edu . £iES@caom.umn...du EES/lJoff/1 . 612-624.5525 or 1-800·:133-3378 . fa!: 612-826-7747 . · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DATE: August 7, 2003 Police ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM: Pennission to paint and install equipment into new (used)4x4 Pick-up. PREVIOUS ACTION:None · RECOMMENDED BOARD ACTION: The City was given a 1985 Chev. 4x4 pick-up through the DRMO Program. The truck is currently painted camo green. I would like to recommend that we transfer money from the legal fee's to the Automotive Repair. - FISCAL IMP ACT: As of now lam only aware of the cost of paint and the installation of equipment. This cost should not exceed $2000.00. COMMENTS/RECOMMENDATIONS: Currently the police department does not have a vehicle that it can use in snow. There are area's ofthe city that we can not get to in bad weather. This vehicle would be set up to be used as an emergency vehicle. The radio and lights would· be used from left over equipment that we have. CMS has agreed to paint the letter the truck for the cost of supplies. I feel that this truck could take care of our needs for the foreseeable future. · . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3 (e) DATE: August 4,2003 Fire Department ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Fire Department - Mutual Aid Agreement - Authorize Mayor and Administrator to execute PREVIOUS ACTION The St. Joseph Fire Department is currently operating under a mutual aid agreement that encompasses the following Fire Departments: Sartell, St. Stephen, St. Joseph, Cold Spring, St. John's University, Sauk Rapids, Waite Park, Rockville, Rice, Cold Spring, Clear Lake, Clearwater and Avon. The mutual aid . agreement is similar to the police mutual aid agreement and provides for emergency assistance upon request of the Fire Chief. RECOMMENDED BOARD ACTION Authorize the Mayor and Administrator to execute the updated Mutual Aid Agreement. FISCAL IMP ACT None. COMMENTS/RECOMMENDATIONS The Fire Board meet on July 30, 2003 and reviewed the proposed agreement. By unanimous vote they have recommended the approval of the revised document. Language has been added to the agreement that will allow Departments providing assistance to be compensated for time after 8 hours. In the event the City would have a disaster and need assistance, FEMA funding would not reimburse the departments unless the provision is included in the Mutual Aid Agreement. Furthermore, the provision cannot just . apply for FEMA funding. The Fire Departments do not anticipate using the power of reimbursement unless the assistance qualifies for FEMA funding. < " . CENTRAL MINNESOTA MUTÚAl AID ASSOCIATION MUTUAL AID AGREEMENT THIS AGREEMENT, Made and entered into by and between the following fire departments and governmental units: Sartell, St. Stephen, St. Joseph, St. Cloud, St. John's University, Sauk Rapids, Waite Park, Rockville, Rice, Cold Spring, Clear lake, Clearwater, and Avon. WHEREAS the said municipalities and fire departments desire to make available to each other their respective emergency equipment and firefighting personnel in the case of emergencies, and each of said municipalities and fire departments has legal authority to send its emergency equipment and firefighting personnel into other communities, NOW, THEREFORE IT IS MUTUAllY AGREED AS FOllOWS: That in consideration of the mutual covenants, agreements, and undertakings hereinafter set forth, each of the parties hereto agrees to furnish emergency assistance to any of the others when . 'lied upon by the fire chief or a fire department officer in charge of any of the parties hereto, subject to the following conditions, to wit: 1. The road and weather conditions must be such that the emergency run can be made with reasonable safety to firefighting personnel and equipment, and the decision of the fire chief, or other fire department officer in charge, shall be final in such matters. 2. That in the event all of the emergency equipment and all or most of the firefighting personnel the fire department of any community so called upon for emergency assistance by one of the other parties hereto are in use in said community at the time the call comes in from the other party, or in the discretion of the fire chief, or other fire department officer in charge, such emergency equipment or firefighting personnel may be needed in said community, the said community shall be held free and relieved from all liability to make said . run or to respond to said call. 1 3. That in the event emergency equipment or firefighting personnel of the fire department of . any community is engaged in emergency operations for the benefit of the party calling for assistance, or in response to a call from said party, shall be needed for emergency operations or for any other purpose in its own community, that said emergency equipment and the firefighting personnel of said fire department may be recalled to its own community before completing the emergency operations for the other party and said assisting party shall be held free from any liability to continue said emergency operations. 4. If one or more situations occurs within the limits of any of the above municipalities, or within the limits of any territory in which any of the said municipalities has contracted to furnish emergency equipment and firefighting personnel, and the emergency equipment or firefighting personnel of any of the municipalities executing this contract is, in the judgement of the chief of its fire department, or in his absence his assistant or deputy in . charge of its fire department, insufficient to control the situation or situations, an "emergency" shall exist for the purposes of this agreement. 5. If an emergency, as defined in paragraph 4, arises, any of the persons who are entitled by paragraph 4 above to determine an emergency may call upon the fire department of one or more of the municipalities above named for assistance. If all emergency equipment and firefighting personnel of any of the said municipalities is engaged in emergency operations, the chief or commanding officer of the fire department of any other such municipality whose emergency equipment is not engaged in emergency operations may be requested by the fire chief of the requesting party to send emergency equipment and firefighting personnel to the empty fire station to be available for call if required for an emergency. It is the intention of the parties to this agreement to cooperate in the event of an emergency by making available necessary emergency equipment and firefighting personnel from the nearest fire e 2 · stations and during such an emergency to rearrange emergency equipment of the parties so as to make the remaining equipment and firefighting personnel available for use in the event other emergencies shall occur anywhere throughout the territory of these municipalities. 6. Upon receipt of a call for assistance as set forth in paragraph 5, the fire department of any of the parties hereto shall promptly dispatch at least one fire truck or other requested emergency equipment with the usual number of firefighting personnel to assist with the situation which has caused the emergency or to render stand-by services as the case may be, provided that no fire department of any of the said parties shall be obligated to send its emergency equipment or firefighting personnel beyond its boundaries if to do so would leave such municipality without any emergency equipment or firefighting personnel · available within its limits for service at an emergency which might subsequently arise within. In extreme emergencies, however, every effort will be made to redistribute emergency equipment and firefighting personnel so as to make it available for any additional emergencies which might arise. 7. The emergency equipment and firefighting personnel of any fire department assisting the fire department of another municipality in an emergency will, immediately upon arrival at the scene of the emergency, be under the command of the fire chief or fire officer in charge for the municipality within whose boundaries the emergency is situated. 8. If assistance provided under this agreement continues for more than eight (8) hours, the responding fire departments will submit to the requesting fire department an itemized bill for the actual cost of any assistance provided after the initial eight (8) · hour period and the requesting fire department will reimburse the responding fire 3 departments providing the assistance for that amount. Such charges are not . contingent upon availability of federal or state government funds. 9. The community asking and receiving assistance from any other party hereto shall not be held liable for any damage to the property of the assisting party while answering the call for assistance or while in the emergency service of the community requesting assistance; each party shall carry its own liability insurance for the benefit of itself, its equipment, and its firefighting personnel while in the service of any other party and each party shall carry liability insurance saving both itself and the other party being assisted harmless so far as negligent acts of the firefighting personnel in the employ of said party are concerned. 10. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to any person on account of failure of any party to this agreement to furnish its emergency equipment or firefighting personnel in response to a call for assistance from. any other municipality. 11. While each party in answering a call from some other party hereto shall attempt to furnish a reasonable number of firefighting personnel on each piece of emergency equipment answering such call, the discretion of the fire chief or other fire department officer in charge of the emergency equipment and department of said party shall be final as to the number of firefighting personnel that can be spared. 12. That in the event of emergency calls from two or more communities or parties hereto, the first call shall have priority and the second call shall be answered as soon as possible, it being understood between all the parties hereto that property within the limits of each community shall have first call on services of its own fire department. . 4 · 13. No liability shall be incurred by a party who shall have summoned assistance under this ç¡greement for damage to, or destruction of, emergency equipment of a party rendering such assistance. 14. That the governing body of each party hereto will appoint the Chief of the Fire Department and one representative of the governing body of that community to serve as members of an association formed for the purpose of furthering the purposes of this agreement and increasing the efficiency of the firefighting services of these municipalities by exchange of information, standardization of equipment, education of personnel, perfection of methods of fire alarms throughout the territory of these municipalities and such other matters as will serve to mutually assist these municipalities in the prevention and extinguishment of fires. 15. A copy of this agreement will be posted at the fire department headquarters of each party · hereto. Subject to all of the above conditions, each of the parties hereto agrees to make every reasonable effort to attend emergencies in any other communities mentioned herein when such assistance is requested as above provided. 16. This agreement shall be binding on a party upon receipt and filing with the Secretary of the Chiefs Association of a certified copy of this agreement properly executed by said party. 17. Parties to this agreement shall be limited to Cities, Townships, and fire departments located within a 15-mile radius of the St. Cloud City Hall. Application to be included in this agreement must be approved by a majority of the then current parties to this agreement. 18. Any party hereto may withdraw from this agreement by thirty days notice in writing to the others. IN WITNESS WHEREOF, the parties have caused this agreement to be executed pursuant to · resolutions adopted by their respective governing bodies and have caused their respective seals to be affixed effective the day and year first above written. 5 · In the presence of: City of S1. Cloud By By Fire Chief Mayor By By As to City of S1. Cloud Clerk (SEAL) Date Signed: · In the presence of: City of Sartell By By Fire Chief Mayor By By As to City of Sartell Clerk (SEAL) Date Signed: I n the presence of: City of S1. Stephen By By Fire Chief Mayor · 6 . By As to City of S1. Stephen Clerk (SEAL) Date Signed: In the presence of: City of S1. Joseph By By Fire Chief Mayor By By . As to City of S1. Joseph Clerk (SEAL) Date Signed: In the presence of: City of Sauk Rapids By By Fire Chief Mayor By By As to City of Sauk Rapids Clerk (SEAL) Date Signed: In the presence of: City of Waite Park By By . Fire Chief Mayor 7 By By . As to City of Waite Park Clerk (SEAL) Date Signed: In the presence of: City of Rockville By By Fire Chief Mayor By By . As to City of Rockville Clerk (SEAL) Date Signed: I n the presence of: City of Cold Spring By By Fire Chief Mayor By By As to City of Cold Spring Clerk (SEAL) Date Signed: In the presence of: City of Rice By By e Fire Chief Mayor 8 . By As to City of Rice Clerk (SEAL) Date Signed: In the presence of: City of Clear Lake By By Fire Chief Mayor t By As to City of Clear Lake Clerk (SEAL) Date Signed: In the presence of: City of Clearwater By By Fire Chief Mayor By By As to City of Clearwater Clerk (SEAL) Date Signed: In the presence of: St John's University . By Fire Chief President 9 . By By As to St. John's University Secretary (SEAL) Date Signed: I n the presence of: City of Avon By By Fire Chief Mayor . By By As to City of Avon Clerk (SEAL) Date Signed: e 10 · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3 (f) DATE: August 7, 2003 Fire Board ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Surplus Property - Authorize the reduction in the asking price from $ 15,000 to $ $11,000 PREVIOUS ACTION The City and Township have declared the old ladder truck as surplus and listed the truck with a consignment broker entitled Firetec. The Truck has been listed since last October and has not sold. The original asking price was $ 20,000 and after months of not selling it was reduced to $ 15,000. · RECOMMENDED BOARD ACTION Reduce the price of the Ladder truck to $ 11,000. The Fire Board is requesting to gain $ 10,000 after the commission of Firetec. Therefore, setting the price at $ 11,000 allows for the Commission and the Fire Board will see $ 10,000 in proceeds. FISCAL IMPACT $ 10,000 as Revenue for the Fire Fund and the City will not incur any expenses to repair the truck. COMMENTS/RECOMMENDATIONS While the Fire Board does not wish to reduce the price of the truck, it is becoming costly to keep the truck. The truck is at the Fire Hall and has had to be repaired recently. It is extremely hard on equipment to store it and not use it. Therefore, the Fire Board decided it was best to reduce the price and get rid of the truck. A farm in Florida has offered $ 10,000 for the truck. · ....."" U'i "UU", IlLin Uti I liU t'1 J r AX NU, P, U2 . I Atlaohrnc:m: Y es o~ No ¡ REQUEST :FOR COUNCIL ACTION c.ðY1Slj\t 3 C5) DATE: Aug'tlst~2003 1/ City Atloroev - ORtGINATlNG DEP ARTMllNT DEPARTMENT A!'l'ROV At _w_ - "....10. AGENDA ITEM Request for finnl approval of cable ûanchisc agreement. -" ~~ ~"I ...--- PREVIOUS ACTION Cotmcíl approved the agreement, conditioned on the final approval by Scrcn and U,S. Cable. 'The only change since tho conditional approval is that 11 cap On tilC PTICì Access fee has bcl,,'D. set at $.60 per month per subRcriber, . . RECOMMENDED BOARD ACTION --.---...... .-- FISCAL IMPACT - COMMRNTSIRECOMMENDATIONS . AUG-04-2003 MON 04:40 PM F AX NO, p, 03 ~1\'!'iQHISB AGRDf.MR1'Ð: · The City Council for the Cily of St Joseph HERBBY ORDAINS: That Ordinance 36 of the Code of Ordinances is hereby amendl..-d by Slriking everything and ~ubs!ilutinS the following in ÜN place: pRDJNANCn NQ._~~ Ç~BlB COMMUNIG~T!9NS An ordilì~ncc grar¡ling a franchìse to US Cable of Coast.ù- Texas, L.P. to coru¡truC! ins!all, operate, repair, maint.1io, remove and relocale facilities and equjpml..'T1t lJsed for the transmission of cable communications service!> Î n the public ground of the City of Sf- Joseph. Section 36.1: lJ.ßFlNITrQ'Ii~. The tcrmS defined in this Section anù in the Re~ul¡¡tory Ordin;lIJCe havè the meanings giVðIl them: Subù. 1, "}/rnnchisor" is the City of Rt. Joseph. Subd,2. "francnigec'" i.~ US CAble ofCo¡¡stal Tcxa~, L.P., its assignees ¡nd successor~. Soclion 36.2: GRANT OF A1ITHORITY. The City Council of Sl. Joseph hereby grants a cable commlmic!\tions f1'anclúses for tbe inRla.1la!ion, oper¡¡tìon and mainll..'IIäI1ce of a cable communications Sy~!¡,"II1 wiU!jn the Cìty of St. Joseph Lo US Cablt: orCoastnl-Texas, L.P.. SectioJ1. 36.3; COMPLIANCE WITH ST^.1;E._ðND FBDlÆAL LAWS. The Franchisee and lhe franchisor ¡;hall conform to all state alld federnl Jaw~ and ru1\;S regulnting cable communica.tion~ as they become · effectivc. I Section 36.4: FRANCHISE TERM. The franchise wi11 expire on SflPtember 21, 2015, \U1les!¡ amended or renewed in accordance with law. Seètioll 36.5: F1SÒNÇHlSE EXCLUSIVITY. 11,í5 frà.nchi~c shall be non-exclusive. Section 36.6: ;;~I.F,,_P,RI.RANSFER OF 11m fRA¡'fç¡:IrS.E,_~LE OR TRANSFER OF STOCK. Subd. 1. Any transfer of a fr¡mchi~e ~bal1 bc subject to the approval of the FTð1)chi~or. The Franchisor has 120 days from thl! submis~ion of informalion regilrding the successor'¡¡ ability to operate in accordnnce wiTh the terms ofthl~ Ordinancc and to approve 01' di.~¡¡ppl'ove the tran~fcr. Approval of a t1'n1lsfer shalll10t be unreason.ably denied. Approval may bc denied only upon n finding that ¡hu snccessor does not have tile ability Qr capability to (1pcralc th~ franchise in aCCQrdûnce with thl: !ems oflhi.~ Ordinance aud this franchise. SubcL 2. No sale Or lease of lhe rights ¡:ranÜ~d herein ~hall be effeclive unlil the successor 01' lcs¡;ce shllJl I . haw filed in the officè of the City Aùministrntol'/Clcrl¡ an inHtrumcn!, duly executed, reciting tb~ fact of sllch !;;:¡le ur ICilse, accepting tile terms cOl)taíl1cdhcrcio, and agn.:ëmg 10 perform all conditions required of the fll:lI1chisc. A! I that timc, thc ~UCCeHH()r Or lessl..'C sllaU also file with the City AÙmlw81ra(or/Clcrk !\ duly executed bond, fully c.:umplying with any bonding requirements of this Ordinance. \ Secrion 36.7: AÇ,Ç:'f..£~..TQ.. FTNI\~,Ç.IAl- RECORDS. The City jli- granted the Il\lthority tQ audit the franchisee's accounting and financial records upon rNISOIH1ble notice. lh~ Franchisee shall file annl1:\Uy willl lhc City report¡¡ of grö!!s revenues and other infoImotion a..~ Lhc City deems nppropl'iate. Reports of gro~s !;ubscn"bcr revenues Nh;ll1 be op~ to p\lblic inspection. · uUll UII dJuj Jlvn Uq. qU hi rAX Nu. Y. 04 . Section 36.8: B,A'I1iS. RA1J<: CHANGF....pROC1.immE AND RR~1J,)EN'rIAI. .~J1.BSCIUßTI~ CON]J~AÇTS. Subd. 1. Rates. Prior to oITerlJ1g :o;ervioe to any mt.:rober of the genel"l public, the:: Franchisee :o;hall prepare a olear tlnd ooncise list of a11 current S\1b$eription rat~~ and charges, înc1ud~ an Îm;taJlation and diReool1ect chargeA, charges for opûonalscrviccs and chargcs or deposits fur the use of equipment oftèrcd to subscribers for use with thc service. A verified copy of this list of rate!) and chargcA shall then be filed with the 81. Josoph City Adnlînistraml1Clerk and s11.'\l1 be available for public inspection at the office of the City Administratol'/Clcrk. An lUIlended Itst of rates and cbZlrgcs ~all be pn.-parod and tiled with the City Administrator/Clerk at anytimu thoro is any change or adjustment in the subscription rates and charges. SuM. 2. BCAlidcnlial S\11Jsc;:~ber Contrllc,~. The Franchisee shall· tile with thu CiLY Administrator/Clerk a' cOpy of tile th.en CUTn."Il[ residential flubsoribel' contract, if a writl~ contract exil)'t¡t )I no written contnlct exists, the. Frauchisee shall file with the Cily Administrator/Clerk a document compJetely and concisely stating the terms ofthc residentiaJ sub~criber contract offered to customers, spccifically including the length of the suhNcribcr COlltract. The subscriber contract, and/or the summaI)' of the tem18 of lhe non-wriHcn coutrnct on me with the City Administrdtor/Clerk s11,ùl be open to inspcclÍòn by the public and shaH gowrn the contractual relationship bctwcl..'O t.he Franchisee IIIJd al1 !\ubscribers receiving service under the autt,ority of this ordinance, except service provided lo in:>ûtuti01\S. b\1sine¡¡1I pl\.'I!lises Of multiple hous;J'\g locations. which s(,-rvice may bc governed by separate wriLten contrnct. Subd. 3. Rate Regulations. The City reserves the right to seek certlficaf)(1n by the PCC to en£!.ag~ in lhe rogulation or rates, and imp1cmcnr re.'\sonablc n:glllatiolls chning the, renn of1he franchise as permitted by law and/or tñö FCC. The City sbaU atso reSOlve the right to regulate rates for the instat1ation and rental of equipment for the hCQrin~ impaired. Secûon 36.9: ~ANCHISE AT?M1NIStRA TOR". The City Admil1istrator/Clerk shan be rcspón¡¡ible for . day (0 dElY m\miçipid administration of a franchise. The City Council may by wNoluûon. cre.1te a CilbJc Commission and appoint membCIi (0 this Commis¡;ion, The Cable Commission shal1 have such duties and delegations a!; estflblishad by the City Council, and shan serve the City COlJnci! in an advisory capacity. Mcmbc:rs of the Cable Commi~!iion shalt receive compensation ag SCl by the C(lUncil and shall SOIVO at the wiU of the Council. E.\;lãblishment of and detcgation of dUDc:; to !he Cable Conuuission 5h<111 be by rcsoluf.Îon of the City Counei1. 'rho City COll]1Ci1 ~ha11 r~tain ultimate authority for the adminislnllion of a fr:mc11isc. Section 36.10: LIABn,ITY INSURANCE. The Franchisee shall indemnify and hold harm1cNs the City at all times during the t~ of the franchise and sh"lIluaintain throughout the tem\ of the fl'ancbigß insurance as follows: Liability for damage to property $300,000.00 IAal)i1ity for person«l injury $500,000.00 per pel1lon $1,000,000.00 per ocCUrrence Workmen's Compensation oovera.ge a.q required by State. law These:! policies shall insure both the City and the Franchisee with rcgard to all damages and pcnallics which they may legally b~ req\1íred to pay II.\; a result of tJ1C exercise of tbe franchiso. A Franchisee shaJl provide the City with evidence ofrcquired ooverage up(\n request Section 36,11: INDBMNIFJÇ~.:r:ION. Subd. 1. The Franchìse~ shall hold the Chy lumnle¡¡K from any and 0.11 claims and actions, litigatiQnK and from damage arising out of the COI'I!'itruelion, erection, installation, maintenance or opc:ration of its propcrly operated by íll1thority of t.his 01'diuaßco witbin the COrp0111tc limits of the City or the 11egJigencc of the francbisec's el1lploycc.~ Ù1 the operation thereof. The Franchi~ce shan defend in the name of the City any cll1ims made against thc City arising out of the 1Ì'ancbise, The Franchisee aI¡;o agrees to bold the City harmless from and all claims and actions ariRing from alleged infringcmc:nts of copyrights. . 2. AUG-04-2003 MON 04:41 PM t-AX NO, P, Ub Stlbd. 2. Nothing contained in ¡\. ÍI".mchise ¡¡hall relieve any person from liabili~y arisiug out ofllie failure to . eXI.:roíse reasonable care lO avoid injury to the FnUlchiRce~ faciütíe-~ while pelfonning any work connected with grading, rugrading. or changiJ\g the line of any sl.teet or public place: or with the construction or reconstruction of any scw~ or w¡¡t~r ~ystem. Secûon 36.12: PERFORMANCE BÇ?ND. Prior 10 bt'ginning conSt1v.ctÎon, and within a minimum oCthree months of the d~te any frauchisc becomes eff<.:clive, the Franchisee shall fumÎRh a performance bond, t;¡,:r1.iûcate of doposit, or noy olher type of instrument approved by the City in l11e nII1ount~ established by \he City, but not to cXlJl.·èd ~wenty six lbOURi1nd dollars ($76.000.00). The City agrees to disconlinue said pcrfonnauce bond upon such ~ime os thc consl!\1ction is completed and the City is satisfied that the pcr.f'onnance. of the system meets all stp.ndart1s nccorðiug to this ordinal1ce. Section 36.1~: QQNHRUCT1QN SCHFT?1~T.~. frnnchiKcR shall provide service to City resident~ within a rcaso~bJe time from wJ1cn \he fr!lnchi~c is grnnted. Absent evidence to the cOPlI'ßry,it ~ha.lI bc pl'e!\utl1cd that a "rcasol\ilbJu period" is DO 1!1ter than one (1) year ftOI11 iÌlc gfill1t of!h~ franchise. Section 36.14: CON~1].UC'rION RJ ANDA ~D.~. Subd. 1. J2F/7TÙ1.'i. The Franchisee shal1 obtain ¡\. pcnnit from the proper municipal authorily before commencing con~tntcûon of any conllnunicalions system, including the opening or dist\)rbance of any street, ¡;idcw¡1.lk, drivcway or puhlic place. If the Franchisee fanA to meet tbc conditions of the pennit, the Franchisor, after l'ß!1sonllblc nOlice to the Fraucrusee, ¡mcl providing Franchisee the opporwnìty to n:mooy said complaínt, Ciln cause said problem to be n.:mcdìed and bi11lhe Franchisee for the cost~ inctlrred in so n.'ITLe<lyillg. Subd. 2. Ççmp.liance with. ,Godes. All wire, conduits, cable and other property nnd facililies of the Fr¡:mchi¡.¡cc shall be located, construct¡.-d, installed, and maintained in compliance válh applicable codes. The Franchisee shall Ke¡."p and maintain aU of its properly so 6R not to UI1TleccsRarily Í1ltcrfere with the usual and eu:Mmary trade, traffic or trnvc1 upon the streets and public places of the fnmchìse area. or endanger the lives or proþol1.y of any porson. . Subd.3. Relocatiol1..9f.Wíres. In the cvent it becomes necessary for the City to relocate or remove the Fr<lnchis~'H wires, cOl1duit~ cables ¡utd other property localed in any street, right-of-way or public place to facilitale the underlwg of a public improvement which affects lhe cable equipn\ent, Franchisee shaH make all necess.1ry chnnges in its equipment lit It5 own expense, AS rcque~te<l, upon due notice ftom the City Councilor ils dcsignntcd offit.\er. Subd. 4. B~~.19ration. Upon completion of lhe work, the Fr.rnchisee m\l,~t restore the r.eneral area of the worK, including paying and its foundations, to the same condition that existed prior to commeJ1ecmen~ of the worK and mUSt exercise reasonable care to maintnin the same condition for two (2) years th~fter, The work must be complotcd as pTOlnptly a~ weather permítR. If Úle Frnnehis(;c does not prompLly perfonn and complete the work, l'emovc a11 direct, I1lbbi8h, equipment and material, and restore the public ground to the same condition. the City IJ1<1Y put it iu thl: Rame condition at the expense of the Franchisee. The Franchisee mUilt, upon demand, pay to the City th~ ctirèct and indirect cost of !.he work done for or p~rfonned by the City, inõh\ding but not limiled to the City's adminìRtrative costs. To recover its cosl.~, the City will first dritw 011 the security posted by the Fr¡mehiKec nod then recover the ba1anco of the costR incurred from thc FnJDcl1isee direclly by wrítt~n d~and. This remedy i~ in audition to ¡¡ny othor remec1ie¡; available to the City. SuM. 5. FTllnohísee Tnitil;it¡.-tl RelocatJ.ql1. Th~ Ilrafichisec must give the City written notice prior to a Fnrnchisee inilia1.cd relocation of fa.cilities. A Franchisee i.njtii\tcd relocation must be at the Franchisee's expensc and m\lst be approved by the Cily, such approval nOI to be unrea~onably withh~ld. Subd. 6. ~ql!\rqp Relocation. 'The FI1\nchi5~e muiit promptly and at its own expense, WiÙl due regord for sC:::Isonal working conditions, perm:l.lK'illly relocnt~ jL~ fucilities wh~lI(;vur the City requires such IcJocalÎon. 3. . IiUlt-U4-¿lJLJj HUN u4: 41 hi fAX NO. p, 06 . Subd.7. RelQcation Wh.ef!'i_Publ1c q""upd V!lcn~e~. The vacation ofpnblic ground doe~ not deprive the ¡:ranchi¡;uc of the right to operate and mah}tairi its facilJtics in the City, If the vacation proceedings are i11ltiatcd by the Franohise", the Franchisee must pay the relooation costs, If the vacation proceedings are initiated by tho City or otl\cr persons, the rrnnçhi~eu must pay tho relocntion coStS unlet/R otherwise a.greed to. by the City, Franchisee and oth01" persoJU\. Subd, 8. In~'Pectíol~,of Work. Whcn tbe work it\ completed, the Franchisce must requc.qt an inspection by the director. The di1'ector wí11 determine if the work has been sa.tisfactorily completed and provide the Franchisee wÌIh a wriut.'Il report of the inspection and approvat. Subd. 9. M9\iS;Q. If the Franchisee is in ddàl.llt in the performance of the work authorized by the pennit, Ì11c1uding but not limited to re.~torat.ion requirements, for more thnn thirty (30) daYN afl.~ recejvjng written notice from t11~ City of the default, the CitY ITlay tt.'ID1Ínêlte tbc rights of the: Fra1lchisee under the permit. l'he notice of default 1'I1\1St be in w1'lting and specify the provisiona of the permit under which the: default is claimed and state the grounds of the claim. Thc notice must be ~etved on the Franchise\} by pcrsoui1l1y deliveti1lg it to an officer thereof at its principat placeofÞu¡.,"Încss in Minne)\òlt! or by certified mail to that address. Subd. 10. City Aç,tion On Defl!.uJ~ If the Pl'aIlCl\Ïsc.:c is in default in the performance of the work authorized by th~ pcnnit, the City mfl.Y, after the above notice to the l:rnncbisce and failure of the :Franchisee to cure the default, take ~¡uch action ~ n1ay be reasonably necessary to abate the condition caused by the default. The Franchisee mUst T~imburse the City for the City's reasonnble cos1.~, including c():,¡!S of collection and attorney fees incurred as a rt."SUlt of the Franchisee default. The secwity posted undor Scction 2, Subdivision 5, wiI1 be applied by the City first toward payment for Ruch roimbursomcmt. Subd. 11. Use q(P~l,1b1ic Groul}g, Faci1ities must be located, constructed, installed, maintained or relocaLcd so a¡¡ not to endill1gar or unnecessarily intOrfete with the usual and cUlltomary traffic, travol, and uSè of pubUc groW\cl 'rhe facilities are subject to additional conditions of the pennit as established by the director indudins but . not limilccllo (i) the right ofínspectiQn by the City at reàsonable times and places; (ii) the obligation to relocate the 6¡eilitios pUl'suant to Section 3, Subdivisions 3 and 4; I1I!d (ìii) compliance wltb all applicable rcgulations ill1PO$od by the Minnesota Public Utilitio.' Commissíon and other state and fcderalli1w, including prompt comp1iance with th~ requ.irements ofrhe Goph¡;r State Ona Ca11 program, MinncSQti\ StilME:$ Chapter 21GD, Subd. 12. l&.cª~iC'!~. The faeiJitie8 must be placed in n locatJon agreed to by the City. The Francbiscè shall give the City forty-five (45) days "dv~nced written notice oCthe Franchisee's proposad location offacilitics within the public ground. No later than forty-five (45) da.y; after the City'¡¡ receipt of the Franchisee's written notice, the Cily will notify the Fruncbisee in wriLing of the City's acc~t.1nce or rejection of the proposed loca.tion. If the City Tcje:CLC; the Franchi¡¡ec's proposed location, the Cily shall propose allen1i1tive locations. The City docs not w¡¡ive or forfeit its right to reject the location of facilities by failure to rc~pond within the forty-five (45) days. Subd.I3. Enlð1'~ency Work. The Frtll1chîllc(' may open and disrurb tl]e ¡.¡urfaoe ofpubJic ground without a pennit where an OIuergency cxit\Lq requiring the immediate r¢pair of its fc1cilitie¡¡. In such event, the 14'tanchisee must rcquu.~t a permit not latcr than Ihe second workùlg day tht.'I'cafter and comply with the applicable conditiom\ of the pcmut. In no event. may the Fmnchisce undertake ¡;uch an activity which will resu)t in the closin£ of a J\!rcet or n!1¡}y without prior notification to the City. Subd. 14. Strtet JT!)p'rovl'II1ents. Pa\jl)g.li!\d Rt'sul'fnçjng. The City will give the l~ranchisee writtøn notice of plans fOT ¡¡treOL improvemcnL~ where permanent paving or resurfacing is involved. The notice must contain (1) the uil1ure IInd character of the improvement¡¡; (ü) the streets upon which the improverool1ts arc to be made; (iii) the extcml of the improvements, the time when !he City wiJ1 lltartthe work; and, (iv) if morc than one St1'eet is involved. tbe sequence In which the wOlk is to proceed, Subd. 15. Franchis~.I?r:.oteclîon ofFa.ciliQes. 1he Franchisee must take rC8!lonllble mea.~urcs to prevent the f~ci1itíes fron1 causing damage to persons or property. TI1C Franchisee mus! take reasonable measures to protect its f¡¡.cilitic~ from damage that could b~ inflicted on the fa.cilities by personS, property. or the- elements. . The Franchisee D1USt rake specific prolectivc mcasuros when tho City pClfo.rnlt\ work near the facilities. . 4. AUG-04-2003 MON 04:42 PM F AX NO, P, 07 Subù. 16. r..riQ,r ScrviCtLÇOtl~. In ca~cs where lhl: City is undcrllddn~ the paving or re~\lrfacing of . stIcCI..~ and the facilities tu'e located under such Slreel, the Franchisee mo.y bo required to insl<îll service COIUICCliol1S prior to the p~Vj¡lg or resurfacing, if it is apparent thR.t ¡¡ervice will be required during the five (5) yenr period following the paving or resurfacing. Subd. 17. P\Jblic Grounçi Other Than_Right-Of~W.ax. NOlhìng in this ordinance ~ intended to grant to the Franchisee authority beyond thai given by Minnesota Slatutcs 222.37 for use of the pubJic right-of-way for construction and operation of fnciJities. If \he City allows the FranchiJ;L'C to use il~ non-risht-of-wIiY public ¡¡round, the tenns ofiliis orðinanc~ apply to thc extent the-y arc consistent wilh 1.b.e contract, slat\\tory I1nd common law rights the City owns in such property, Subù. IS. &mla.ti,Qns: Permit, ~.cþcùllles. The din:l,;tor is authorilled ílnd dirc¢tccl 10 prepare ~uilable t'cgub,tiol1S and schedules for the ndminist!1ltioIl of p~rmil~ i¡¡sued under this ordinance. Section 36.15. ~GI(,).:r.. TBSTING. At iiI'I>, time aftcr commencemcnt of service to sùbscribers, the City mCiy require ¡¡ddilional tests. full or partial I'l-'pcat tests, different lest procedures or test.~ involving a specific subscriber's terminal. Requests Cor such test!; wiU be m¡¡de 011 ilie bn5Ïs of comJ'lnints receivcd or other evidence indicnting an UIU'csolved controversy or significant noncompliance; I1nd such tests will bc limited to tJ1C parnclIl"r l11atlcr in cOlltroven;y. Tho cost of said tcstint s11<1.11 be borne by tIlc Franchisee. Section 36.16: SU.DSCR.ffi.~ PRlV ACY. SubcL 1. No l\igna1s of {I Cla.q!\ IV coble communicalions channel may be tran.'iJT1itlL'Ú from a subscribL'I' tcrrn.inal for purposes of monitoring indivjdua1 viewing pall~'mS or prnctice¡¡ without the express written penni!\sion of the st1bscrfber. The request for sueh permission shan be contained in íI SOpé11'ate document witò a prominent st!1l\,'!I'Ient tWit the subscriber i$ authorizing the pl.'11T1i¡¡¡¡iou in fun knowled~e of its provisions. Such written permission ¡¡hall be for (\ limiled period of time not to exceed onc year which shall be renewable at the option of the subscrihcr. No pOU<'Ùty shall be invoked for :l subscrib~r's failure 10 provìdc or renew such authorization. The . aulhor17..aLÍon shnn be revocable at any time by ùle ~ubscribcr- wiÙlOut penally of any kind whatsoever. Such pClmiRsion shnll bc required for each type or classification of ClaS$ JV cable communications acllvity planned for tl10 purpose. Subd. 2. No Ì1ûonnation or dnt.1 ob~incd by monitoring transmission of a signal from a ¡¡ubscribel' termini'll, including but not limiteú to listS ofth!! names <1Ud addrc,~ses of the subscribL'I'S or any lists that identify tll~ viewing habilS of subscribers may be sold or otherwise mmìe llyai]able to allY party olh~ th¡¡n the Franchisee and its ømpJoyccR for imcm¡¡l businoss use, or to \he subscriber subjcct of that information, unless the FranclJ.ísce has received specllc written authorization from \he subscriber to mHke the data available. Subd. 3. Writton pL'ImÍSSiOll from the subscriber shall not be required for the systems cÇlnúucûng !lYsl("'ITlwide or individually addressed. electron sweeps for the pllIpose of verifying sYStem integrity Or monitol'Íng for the: purpose ofbi1ling. Confrdel1lia1ily of such ;ofonnalion sh<lll be subjcct 10 the provision set forth in 4 MCAR §4.202 W.I. Seclion 36.17: SUliSCR.IBER Co:tvfPT .(l.TNJ:.~. Subd. 1, All fn1nchìse.s shall conduct their bu!\incss in ¡¡ccord.ance wilh the customer ~I.:rvice st,1nd.îr& est<lblishcd by the FCC and 47 C.F.R. § 76.309. SuhcL 2. All cOll1pl¡¡Înl~ by !he City or OthL'1' citizens regarding the qua)ity of service, equipmont mal1w,clion, billing disputeR, and any other matter¡¡ rl'lalivc to a franchise granted pursuanl to this Ordinance lÙ1al1 bc in'V\.IstiSilted by the Fruncl1isee within two business day¡¡ !lnd n.-solved by the Franchisee. Any complAinlS not rC~Qlvcd to the sl1ti~rl:lùlion of the complaining PûJ1y, shall be communjcalL"Ù to the City. A rccon.l of u.nreMlvcd compJ¡¡ìnt.c; may be rell1ined by ¡he Chy and may be considered by tbe City Council in making decisions relaling to the franchise. 5. . HUlt-Uq-¿UUj U\JI~ U4: 4¿ hi ~ AX Nu, P. 08 . Subd. 3. The Franchisee shnll provide to the subscriber a loll-free or collect telephone numbt..."I" for the reception of ¡;u.b¡.;eribcr complaints and the I:ronchiAce shall maîntllin A repair service capabJe of responding to subscn'ber complaints or requests tor s"rvice wil.bin 24 hours after receipt of the oomplaint Or request. COSl~ included in making repairs and adjustment shaU be bome by the Franchisee \1J1IC$A it can be clearly detennined that the repair or adjustment was roade necessary by abuse or intentional misu.<;e ofthc system by the subscriber. Co:rts of insll!.llntion shall be borne by the subscnoer. Secúon 36.18: UNT .~W¡:UL DENIAL. Subd. 1. The Franchisee shall not deny acce¡:s to cablo selVice because of the income of a resident. Subd.2. The Fmnchisee sha.t1 not deny access to cable service to a geographioal area of the c.'Îly becat¡Re of income demogl;aphics. Section 36.19: TER¥mA 1'10N. TI1C franchisor shall have tbe right to terrainate and c¡mcc::l any ftanchi¡.;~ ilnd all rights a.nd privüeges of a franchise, if the Franchi!::cc àttClupts to evade any of the provisions of the franchise or this ordinance, practices any ml\ld or decèÎt upon t11e City, or fails to operate the fmnchise in accordance with !hi~ Onlinnnce. The Chy shan provide the Franchisee with Ii wriuen flolicc to the local and corporate office by certified mail. retum receipt requt:stcû of the cawC for ternlinalion and it.<; intention to tcnninate the franchise and shal1 !il1ow lhe Ft'"ànchisee a ¡ninÎnlum of thirly (30) d¡¡y:\ afier se1vice of the notice in which to correct the violation. TIle Franchisee shaH be provided the opport\1nity for à public hearing before the City Council prior to tIlc tènnìIlatIon of the frMchi~e. In the event thnt the Franchisor detennim:s to t01'1)11na.to the frol1chi$c. the Franchi~oc has thirty days frolt1 the date of tenninalion of the mmchìse to take such 8vnilablo action challenging the termination, as proVided by l:1w, or its rlßht to challenge tcnnination is waived. Section 36.20: ADANJ)Q~MhNT. The Franchisee may not abandon any portion of rue cab10 communications service provìded under B franchise wilhout prior written notice to the City. . Section 36.21: R.EMOV AT~..QF CABLE ~QUlPMENT _TJPON TRR¥INATION OR FORPETTtJ:ß,F.: UpOJ1 tcnnînation 01" forfeiture of a franchise, the Franchisee shalt fcmove, if the fi-anclúsing Authority so requeslN. all of it.~ plants, structures, work.c:, pipes. mains, conduits, cnblcN, poles and wires and fefi] at its own expense any cX(:flvatIon that Ahall be made by it IInd sl\al1 . leave snid slrect.~. alleys, public ways and placcs, in liS good condition- as that prcvaìlin~ prior to the Francbi5cc'l\ removal of equipment and appliances. Tn the event the Franchisee fnils to do 110, tho Fral1cni!lcc shftll pay to thß Fr.mchisor as liquidared damages 125 percent of the cost ofreIl1oval. Section 36.22: MUNICT1?~L R1GHT Tg, ?~U_RCHASJ1..SYSTEM. The City shaH have tho rig11t to purchal\c any franchisc or cable system offered for satß pur~'Uant to the same term!; and conditions of (lny bOM fide offer to purchase. The j:ranchisco sha11 provide tbc City with a copy of the bona fide written offer, and the City has sixty (60) days ofrcccipt to exerciAc its option to purchase. The purchase option shall be exercised in wrlth1g. Ifl10t exercised wilhin sixty (60) dRYS of notice, the City's right to purchase is forfeited wIth respect to that offer, but only toM offer. Soolion36.23: ACCliS$_cn.ð.NNELS. Subd. 1. The Franohisee shal! provide to ¢í1cl1 of il~ subscriber!; who receive some or 811 of the serviccs offl"l"CÛ on the s}'!I1cm, reception on at 1cmsl one specially designï:lt~ acccss chatUlel. Thc specially designated access channel may be u.o;ed by ]oeal cûucaûonal authorities and Joca1 governnlc.nt on a first-comc. (mil served nondj¡;criminatory basis. During those bourN that the special1y úosignatcd access channel is not being used by In<: ]ocnl aducRlion.11 authorities or locn\ government, the Franchisee ma.y l<:ase time to conunercÎal or l1onctmlmC'rcial users on a first-come, first served nondiscriminatory basis if the demand for that timc arises. The Franchisee may also use thi!! specially designaleû access ch:mncl for loclI] originalion during thos~ 1\Ours when tbe chClW1el i$ not in u.<:c by locnl educational authoriûès, local government, or e\~mmel'ci¡¡1 or nOn-commercial users who ha.ve lc3sed time. . 6. AUG-04-2003 MON 04:42 PM F AX NO, p, 09 Subd. 2. The City reserves the righ~ to e$tilbliAA rules for the £ldmillisíraûon of the specially dcsig¡l<lted . í!.CCI:H~ cb¡1IlI1cl and èstnblish ro.a8onable rates for !he use aod adminisTJ11tion of the (1cces.~ cbanne1. G1'íHJtee shall collect on behalf of City a PEG access fee of tjjxty cents ($.60) per subsçrÍ,bcr per month upOn sixty (GO) daYM prior writtCll notice by City to all :Franchisees operaling in Cily. The City's notice shall specify thc monlh1y per subscrjb¡:r amount to be col1celed, which shall be identical for all Franchisees. From time to time, the City milY adjust Or climiIlate tho PEG access f~. Any SllCh changes !Jl¡¡1l be implemented wiLhin 60 dðys of WTÌLlen notice to all Frunebisees. Subd. 3. Frdnchisees providing ollly í!.larm services Or only data transmission scrv1ces for ('omputf)r·op~at~:ú functions do not need to provide access channel rccepriol.\ to alann and data servicc sllbscribers. Section 36.24: F.R^~CHlSß rEF.. Subd. 1. During 'the tem of any fIë\llchise granted hereund(..'f', the FriUlch¡~ce shaH pay to the City of St. JO~\'1'h quilrterly a franchise fCQ in accordance wit.h the terms ('If the Rc~oll1tion gr:mting the fr(1llehi~e. The fTanchì~e rCI) shall be t1m:e (3%) percent of gross reven\les. Subd.2. "Gross Revenues" arc denned to include TCVen\le derived from the St. Joseph system from ba.~ic l~kvision service, licr service and pay cable. Section 36.25: NQ'N.- }NTERPßRENÇF. lnstal1atiol1s shall be maintaincd so as not to interfere with televi~icm reception nlrendy in existence within the City. S~clion 36.26: LTNF. f,X)J\NSION. The City shall hove till; right to req\1jrc reasonable extensions of the Franchisee's tnmsnùssioll î\nd disln'buûon system from time to time, and to malçe such rules and l'eg\lli1ti('lTl~ as may be required to sc:ct1re adequato anú proper service and to provide ~ccoI1Jl1'lodation!' for the public. The City may not require an cxtCIl.<;ÌOIl into areas where there arc less thnn t\vellty.fiYè (25) residential units per mile of trunk or distribuliou cnble a.~ is required. . Section 36.27: .Q.~-,¡;;CENlTY. Subd. 1. For purpOI«:S of \his Section, obscenity shall mean a program whcn, to the nvðr<lge person applying cont~mpora!)' COmInurùty standards, the progl'Olm taken as R whole, appeals to the pruJ'ient intcresl; úle progmm depicL~ Or describes, In a patently offensive way, Noxua1 collduct, that j~, palently offensive n:prc..;cntntions or dc¡;cription.~ ofllltimate sexual aeL~, nonnal 01' pervcrtcú,. aClu.a1 or simulatl:d or patently offon,~ivc representations or deHcripûons of masturbi\tion, excretory functions or lewd exhibition of genitals; £lnd tho program tak~ll as ¡¡ whole I(leks St'I'Îous liremry, artistic, political or scientific V.lluc. Subd. 2. 1t shaU be a mi¡;dcmeanor (0 oriGinate or produce iU1Y ob~cunc program which is transmiUeó over (lUY cahle communications systrnl. Howcvet, neither the cable cOnJlI1\.l11ications Franchisee whoso faci1ities are used to lransmit ¡¡ prO£¡ï.101 produceó by ¡¡ person other than the cablo communications Franchisce, nor the officen;, directors, or cmploycos ofiJlc cable communications Fnmchisce, shall be liablc for an>, peualtY or damages arising fmm an)' obscene pl'Ogram prcs("'11tcd thereon when the Fr8I1chisèe or ít5 employee:: does not originate or :produc~ ¡) pT()gram. Any entity which schedllles the programming of 'the; access ehnnnels of Ii cahle communications system shall1}ot be 1iab1e for the presentation of any obsccn~ program thereon unless the cntity itM:lf originates or producc-~ Úle progrum. Section 36.2S: CONTRAI2H;:.1J.ON'S WlTH STATF._OR FEÚßRALLó.W. AIl,; provisions of this Ordil1i1nce or a franchise wl1ich are in din:ct cO!1tré1diction tu any Srntc or Fl->Uerallaw. role or regulation of cable television franchising, shan be dcemcd invaHd but o1'1ly to Ú1e extent of the contradiction. Ail other portions of this Ordim\11cc ~haJ.I conlinue in full force and effect. As mé1Y b~ possiblc, 1111 provisions or this OrdirHII1èe l:]1all be COIlSlr1.1~ in II manner cons.istent with Stale or 11edeml Jaw .~o as to mninh1il1 thu validity of those provisions. Section 36.29: AJlÞrr:rrtNAL FRANCIJfS-P: REOUIlŒM~~~ The fronchi$ce ~ha11 :1!¡¡O be subject to the following terJ11R and conditions: 7. . AUG-04-2003 MON 04:43 PM FAX NO. P, 10 . Subd. ]. The Pmnchlsee ~haU provide for citizen participation in selecting programming, and con¡¡ic1cr citiron þrcfcronce. S\1bd. 2. The Frnncl1iscc ~ba1l provide cu.qlomel'S with reasonable notice of rate changes. "Rcasonable notice" !\hall be a minimum ofthirly (30) days. Subd. 3. the Francl1isec shall ofJ.èr cusron1crs a device to altow channels to be blocked-out. Subd.4. The IlnIIlchisc s1ml1 be subject to review and renegotiation at any rune in the cvent of n significlIl1t Ch:ll1ge in technology, equjl'Inant or regulatory law~, or if the sel'VÍCC provided by the franchise fails to meet iTldulltry ¡.,1am.1arüs of comparable Ki~l-d communities witl,. rc..~pect to channel oapacity, sy¡;tcm rc1iabi1ilY or q\1a.Hty of ¡¡igna1. Section 36.30. FRANCHISE TR~M.!i. The 17ran.c11Ït:c I)n311 be considered to bave incorporated tbe tem1S of the Regulatory Ordinance by reference. Section 36.31. EN.FORC1JMENT. The City reserves the right to enforce any violalion of this Ordinance by s~ckit1g declar3tory or injunaûve relief in Steams COWlty Di~1.ricl Court 111 the event the City is the prevailing parly in tl11Y such actiou, the City shall be entitled lO jUdgment far reasonable attDrney's fees incurred in put'l.luing the aClion. This Ordinance amendment shan have an effective date of June 19, 1997. -~.__.. ~.. .... ....WfI"".~ Mayor ---'.Y" -- _. Admini¡¡tralòr/Clerk . . 8. ~SeJ 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture . . engineering . environmental . transportation · July 25,2003 RE: St. Joseph, MN CR 121 Improvement SEH No. A-STJOE 0004.01 14 Ms. Jodi Teich Assistant County Engineer Steams County 455 28th A venue South Waite Park, MN 56387 - .. ..~. - Dear Jódi: Ihave examined the sidewalk in front of Bo Diddleys Deli, and have met with Maureen Forsythe, owner of the restaurant. I specifically asked Maureen if the new sidewalk cracked in the same location as the old one had. She stated that the old walk was indeed cracked in the same general area as the new walk, but could not be certain that it was to the same extent or followed the same pattern as the new cracks. She is not aware of anything below the sidewalk that might cause the panels to crack, nor is she aware of any movement of the sidewalk during the winter months. She had no knowledge of any heavy equipment on the sidewalk since it was installed. My best guess is there was a small pocket of moisture in thesubgrade prior to freeze-up that exerted just enough · pressure on the concrete panels to cause them to crack, but it is just a guess. Unless the Contractor can show that the damage was due to a cause external to the construction, it is a warranty item and . should be repaired without additional cost to the County or the City. - In addition to resolving the above matter, the City wants to be included on your final walk-thru to be sure there are no other outstanding items. If you can schedule a date with Dick Taufen, let me know and I will have Jerry Siegfried attend as well. Finally, Let me know what the costs are on the directional drilling and I will go over them with the City and get a response back to you. I would also like to know what the liquidated damages are and how they will be split between the County and the City. . Thank you, and please give me a call if you have any questions. Sincerely, ph R.Bettendorf, PE St. Joseph City Engineer sge c: DickTaufen, City of St. Joseph · Judy Weyrens,· City of St. Joseph ~:\pt\stjoe\OOO4\con\broke sidewalk.doc Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer Protecting, maintaining and improving the health of all Minnesotans · July 25,2003 Ms. Judy Weyrens, City Administrator/Clerk City of St. Joseph PO Box 668 St. Joseph, Minnesota 56374-0668 Dear Ms. Weyrens: Saint Joseph submitted a proposal to place three projects on the drinking water revolving fund (DWRF) project priority list. The projects are not eligible for the DWRF program, and therefore, they are not being placed on the list. The proposal was for three new wells, a new water treatment plant, and associated water mains to connect the wells, treatment plant, and distribution system. The city is commended for planning for the future. The proposed water system improvements are primarily intended to serve future growth. This is not an eligible activity for revolving fund financing. · Thank you for considering the loan program. Please contact me at iohn.schnickel@hea1th.state.mn.us or at 651/215-0784 if you have any questions. Sill:0 Z · t/ ... ..;.¿ ç;}~~/ John Schnickel Environmental Health Division PO Box 64975 St. Paul, Minnesota 55164-0975 JS :jlb cc: Heidi Peper, SEH Jon Groethe, MDH District Engineer · General Information: (651) 215-5800 . TDD/TTY: (651) 215-8980 . Minnesota Relay Service: (800) 627-3529 . www.health.state.mn.us For directions to any of the MDH locations, call (651) 215-5800 . An equal opportunity employer "'-SeJ 1200 25th Avenue South, P.O. Box 1717, Sf. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX aréhitecture . engineering . environmental . transportation · July 25, 2003 RE: St. Joseph, MN CR 121 Improvement SEH No. A-STJOE 0004.01 14 Ms. Jodi Teich Assistant County Engineer Stearns County 455 28th A venue South Waite Park, MN 56387 Dear Jodi: I have reviewed the letter from BauerlyCompanies dated June 25, 2003, with an attached letter from Meadowvale Construction, Inc., regarding the sanitary sewer pipe installed on this project. I agree with Meadowvale that the ASTM detail they provided shows 5-1/4 inches of spigot in the bell. When the joint is properly assembled, there is supposed to be a short gap between the end of the spigot and the neck of the bell. This gap is beyond the 5-1/4 inch dimension. The detail also shows there is only 2 inches between the inside edge of the gasket and the end of the spigot when properly installed. If the pipe is one inch short of being "home", we only have the remaining I-inch · length of pipe to maintain the integrity of the joint. The specifications require that installation comply with ASTM D2321. This specification requires that the installer "Mark, or verify that pipe ends are marked, to indicate insertion stop position, and ensure that pipe is inserted into pipe or fitting bells to this mark." This specification further states "If full entry is not achieved, disassemble and clean the joint and reassemble." The mark referred to in the specification is normally a circumferential line around the spigot end of the pipe. This mark or "insertion line" lines up with the face or edge of the bell when the joint has been properly constructed. I am enclosing an article published by the Uni-Bell PVC Pipe Association. This article points out that PVC pipes are designed with deep insertion joints, which contribute to the pipe's ability to provide watertight joints under adverse conditions. The sanitary sewer installed on this project is operating under a head of 19 to 25 feet of water, depending on where you measure. Under these conditions, the City has a legitimate concern with regard to the long-term integrity of the installation. In summary, the pipe was not installed in accordance with the specifications. We can live with the I-inch gaps in joint construction, but will not accept gaps greater than I-inch. Having a long-term watertight instailation is too important to risk. We are not asking the Contractor to dig up the pipe, as this is not practical. Nor are we asking the Contractor to line the entire sewer, which would restore the flow line as well as seal the joints. Weare asking that the larger gaps be repaired using a · method that will minimize the impact on the flow line of the pipe, and that the Contractor provide a Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer Ms. Jodi Teich July 25, 2003 Page 2 warranty bond. We can live with a 5-year bond that will cover the sewer pipe, which will match the . tenn we are asking for regarding potential failure of the lift station coating. We want a videotape of the finished product, which is customary for this type of repair, and ask that the HDPE anchors be properly installed as soon as possible. If you have any questions, please give me a call. Thank you. Sincerely, SHORT ELLIOTT HENDRICKSON INe. ~ttendOrf' PE St. Joseph City Engineer sge Enclosure: Uni-Bell Article c: Dick Taufen, City of St. Joseph (w/enclosure) Judy Weyrens, City of St. Joseph (w/enclosure) Tom Jovanovich, Rajkowski Hansmeier (w/enclosure) x.:\pt\stjoe\CXX>4\con\l-meadow"\"3k joint.do<: . . Uni-Bell PVC Pipe News Page 4 · WALL THICKNESS ... ~'~the INSERTION UNE .. . . .....- ···'·"GAp· -1 SPACE AVG. INSIDE OR . GAP . DIAMETER t AVG. OUTSIDE DIAMETER t Why Does My PVC Sewer Pipe Joint Figure 2: Illustration shows a cross-section of PVC pipe joint. Have A Gap? prop"rly assembled PVC sewer pipe 0.00896, which is an extremely joint. Note that the insertion line (the attractive hydraulic value. The ques- black line on the spigot end of the tion of gaps and maintenance was By Craig rISher, p.£. pipe) is even with the edge of the bell also answered. The report states that Assodation Engineer entry lip. Other paper was. profusely names for the inser- A properly assembled joint present in the flows tion line are the stop measured. The TeleVised inspections of PVC pipelines often reveal a sma!! gap mark, assembly will have a gap between the investigators stripe, or reference end of the spigot and the neck reported trouble - bef.\"Jeen too spigot ood of the pipe and the rretk of the adjoining line. with paper clogging bel!. This observation may lead to questions about why such gaps of the bell to allow room for their velocity meters. Figure 2 shows a · eXî5~, whether they ~d\1~fse!Y affect tire hYdrau~Îts or maÎiilcnarn;e wall cross-section of a expansion. The deep-insertion Nevertheless, the PVC pipe joint. From "n" value was low, reqmrements of the p¡peiine, am! sbollid those gaps be e!îmmate-J by . joints of gasketed, PVC which would indi- Figure 2· you can see pushing joints wmp!etily home_ that the insertion sewer 'pipes contribute to the cate that profuse depth allows paper and other more pipe's ability to provide room for contraction debris in the line Why Are Those Gaps There? assembled in this manner, there is than expansion. The watertight joints under was not clogging the ^ PVC sewer lines at The best place to begin is a quick also provision for some angular offset gap opening is com- adverse conditions. the pipe joints. discussion of the gasketed. PVC joint. at the joint, which is useful for those paratively small. PVC pipes are engineered with deep- unexpected cases of aggressive Do Those Gaps insertion, push-together, .gasketed ground movements. The deep-inser- Affect Hydraulics or Understanding the rationale for the joints. A properly assembledjoint will tion joints of gasketed, PVC sewer Maintenance? gap and knowing that the effects are have a gap between the end of the pipes contribute to the pipe's ability to A report entitled, "Hydraulic Char- not adverse, the gaps you see in your spigot and the neck of thè bell to provide watertight joints under acteristics of PVC Sewer Pipe In Sani- next televised inspection should no allow room for expansion. When adverse. conditions. Figure 1 shows a tary Applications, "1 is quite helpful in longer trouble you. answering these questions. The report Bibliography summarizes twenty-five separate mea- 1 Jeppson, Dr. Roland, and Ron Bishop, surements of flow conditions at four "Hydraulic; Characteristics of PVC Sewer Pipe different localities. The PVC pipelines In Sanitary Applicarions (A Report of Field included in these measurements var- Measurements);" Utah State University, ied from new installations to lines that Logan, Utah, September. 1975. had been in service for five years. One author of the report was con- tacted to verify that the PVC pipe joints in the study were assembled according to recommended construc- tion practices. Specifically, that joints were assembled with a 'small gap · between the spigot· and bell. The author confirmed the fact that the pipes were installed in such a manner. Figure 1: The insertion line on pipe spigot is visible at bell entry lip of a properly The average Manning's "n" value assembled PVC sewer pipe joint. for the twenty-five installations was . -e1TY OF . -~------ _.~u_._____ - '-0__- _ ~ . . ,-- ---. ... .. . ...-.--.---..-- .- ~rNT JOSEPH, MINNESOTA ··CONSTRtJCTION PLANS FOR WATERMAIN 2003 TRUNK WATERMAIN PROJECT N . ~----~--_.:. PROJECT LOCA TIOI - :v SUIoNARY . 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A.lNnOO -- '. -- ------.-----.--- .------.--------------.--.-...-.-"-.-..---.--.-.. -- ,....--- --- UOp"X9BOZ[S\S''IQ!4X3\BOZO\90[ ..S\'M 311.:J H3S I'd OI'I£'ZO ZOOZ/II/ZI . . -- . . · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Alcohol Matrix Committee DATE: August 7, 2003 Alcohol Subcommittee ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Alcohol Matrix Committee Report PREVIOUS ACTION At the request of the City Attorney, a committee was established to review and update the existing alcohol matrix. The Committee consisted of the following: Attorney Sue Dege, Police Chief Pete Jansky, Councilors Dale Wick and Gary Utsch, and Administrator Judy Weyrens. · RECOMMENDED BOARD ACTION Adopt the Alcohol Matrix as presented FISCAL IMPACT Only impact would revenue as a result of a violation COMMENTS/RECOMMENDA TIONS Sue Dege presented the Committee with a draft Matrix. The following changes were made to the matrix: · Additional types of offenses have been added to the Matrix · Aggravating Factors have been added so that higher penalties are imposed on establishments that has multiple violations during the license year. · Violations compound during the calendar year · The fee for a minor in the establishment has increased. The Committee felt that the fine for drinking in the bar should be higher than the fine for a minor in the bar without drinking. The committee also recognizes that if the establishment can provide proof that an ID was presented, but it was fake, the fine would not be imposed. · To avoid sitting at a Council meeting trying to determine which days the establishment should be closed, a clause was added stating that the suspension would become effective the next business · day unless a catering event is scheduled unless the establishment requests an evidentiary hearing. The hearing fee is $ 500, consistent with the noise violation. LIQUOR LICENSE VIOLATIONS MATRIX Adopted ,2003 . ~~t~~f~~~il'_~~i';"_~~~i0; , Refusal to allow 2 day suspension 4 day suspension $1,000.00 fine and Revocation inspection and $500 fine and $750 fine 7 day suspension Section 71.8.3 M~dityfiL7W(bwts -. - - - - - -- - - - -- ;~~ý~;s~~~í~J¡3} - f<4-,:~aYt~~~p<è?ìoI1 JR~¥@cãtion- -- -- -. - -- Seotioo,n.Kzt.; . '~ª11(J~$5~O~'Ñî~\:cJanê~$Z75'~}jflê'~- - - - =---- - --- - After hours sale 2 day suspension 4 day suspension 12 day suspension Revocation Section 71.9.1 and $250 fine and $500 fine and $750 fme -Stindays¡íle ,~;~~i*!~~~1¥1 ~:~\1~~E~~~ ~t~~~.~~t~D-. :-~~~~~~~!~ .-.- _- wìtho:ut1iceilse.-·· _.__ . ~_._~_=_ -c__ ....-"'-~-_<_o=,-_,_~-_""-"-_::=--~_~_=-~.-_=;__· -o-~__:-_=-_______- - --- ----'-- Section 71.9 ;2 . ;- --= --~- :=--= ---- - ~:~ ""- , '- .=~-=-,-- '--~-~-';-==== - =-" ~-.::--_. - - ---"--,,. ----~ - - - - - - ~- .- - .- --- - -- ------~ -- --- -- - --.-.-- --- - - -- -- _ -== ~ = __" __ _ >__-- _,~ ~-_ _,-0- ~ . _.- - .-._- - - _----" ~- - .3-- --~_,~ ~. - -='~ _ ~~---<-:--:.,-~-- - :0--' j c.,.;:---'=-- -_,~,~.,.--_ _ -- - -~ " -- - --- - - - - -- . - - - - __ _ _ 0 - ,.~,--- --- _.-= - ~-_ --'-.- -' -- --- - - - - - - - -- After hours display $250 fine 2 day suspension 4 day suspension Revocation Section 71.9.3 and $500 fme and $750 fine - - - --. ---- - - SaktoMinor . .. ;$Jt~()~t1.~~~. ,,$licrO~Jill~ca11d 5 Sectiøn71.11:1 ° ~daysùSpþ1sioll-- Unaccompanied Minor $150 $300 fme $600 fine $1,000 fme and 5 Section 71.11.1.C day suspension Fai1ure:t9,pr~ve1it-.o . 6!1-sa1~ aiquor'rròIì1, leavìngþren1ìses Secfion71.FE4 Violation of Outdoor liquor 2 day suspension 4 day suspension Revocation permit $250 fine and $500 fine and $750 fme Sections 71.11.5 and 71.11.6 S-aletointoxiöated· - - --. --- - - - - person $T¡QOg'fitnecand5 MimLStat.° .11ã)':·~Jl~en[òioI1 340A.$02 - Commission of a felony related to a liquor license, or the sale of liquor while the license is suspended shall result in revocation. Suspensions: Suspensions shall automatically take effect the first consecutive regular business days following the appeal period or following the appeal to the City Council in which no catered events have been sched:uled. Days in which the licensed premises are not open for business shall not be credited toward the suspension period. The licensed premises shall be required to provide proof of the scheduled catered events to the City Adminstrator/Clerk in order to exempt a specific date ITom the a:utomatic suspension. . Aggravating factors: The following shall each constitute one aggravating factor for the purpose · of the liquor license violations matrix: One of the following violations concurrent with the present violation, or within the 12 months preceding the present violation: - A refusal to allow inspection - A violation for nudity/lewd acts - After hours sale - Sunday sale without license - After hours display - Violation of club license - Violation of Outdoor liquor permit Two of the following violations, in any combination, concurrent with the present violation or within the 12 months preceding the present violation: - Sale to Minor* - Unaccompanied Minor - Failure to prevent on-sale liquor from leaving premises - Sale to intoxicated person · *If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation if there are two or less citationslICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three violations if 6 to 10 citations/ICRs are issued. If more than 10 citationslICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. · . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Department Head Reports - Administrative Fines DATE: August 7, 2003 Police ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Department Head Reports - Administrative Fines PREVIOUS ACTION When the City Council meet to review the proposed budget cuts for 2003 and 2004 alternative revenue sources where presented. One of the revenue sources included changing the collection method of police tickets. Currently tickets that are written are process through the County and the City receives one-third of the fine money with Steams County and the State of Minnesota receiving the balance. There is nothing to prohibit the City from charging certain offenses Administratively, collecting 100% ofthe fine money. It was clarified at the meeting that the alternative revenue source is not intended to raise a certain amount . of revenue or fund the deficit. The police officers will not write more tickets or be asked to do so. The City is only changing the Accounting mechanism. RECOMMENDED BOARD ACTION Two actions are required on this matter: I) Authorize the enabling Ordinance establishing Administrative Fines and adopt the bail schedule as submitted by the Police Chief FISCAL IMPACT Significant increase in fines for the year 2004. COMMENTS/RECOMMENDA TIONS The City has some flexibility as to which fines they wish to collect Administratively. Pete has prepared a proposed bail schedule and will be at the meeting to discuss it further. - AUG-04-2003 MON 04:43 PM F AX NO, p, 11 Page 1 on Sue Dege . ",' .,......._~....___.._,.,___.._- .t_.._I1.._.,--.,...-.._·-__._·__ -- From: Sue Dege Sent: Monday, August 04, 2003 1 :55 PM To: 'jweyrens@cityofstjoseph.com' Co: Barb Zierden Judy: Attached pledse tind the administrative penalty language to be added to Ordinance 14. I would recommend that the council adopt a tine sch~u[e similar to the Avon fine schedule. I can send you a coPy of it, if you heed one. . However, in addition to the traffic: statutes, the fine schedule should reference Ordinance 81.1 which adopts the slale traffic codÐ Into the ordinances, Please let me know of any questions or concerns. S11san Dege Rajkowski Hansmeicr Ltd. 320-251-1055 g1 ~ gtJ@r¡\jl1íill....CQill This is n transmission from Rajkowski Hansmeier Ltd. and mlly contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you arc not 1he adùressec, note that any disclosure, copying, distribution, or use of the contents of this mossage is probibited, Tfyou have received this transmission in on-or, please desiroy it and notify my Officè immediately at our telephone number (320) 251-1055. . e 8/4/2003 . AUG-04-2003 MON 04: 43 PM FAX NO. P. 12 . AMENDMENT TO ORDINANCE 14 PENALTIES AND FE.:S The City Council for the City of St. Jos01'b, HEREBY ORDAINS: That Ordinan.ce 14 of the St. Joseph Code of Ordinances is amended by the addition of Sections which reads as follows: "Scction 14.5.; ADMINISTRATIVE PENAL.:nIiS. Subd. 1: Purpos.Q. The City Council dctelmincs that there is a need for alternative methods of enforcing the City Code. Wllile criminal fines a.nd penalties have been the most frequent mcchanismt there are certain negative consequences for the City and the acc1.l!;ed. The delay in the criminal justice system does not ensure prompt resolution, citiJ';C11S resent being labolcd cdminals for violating administrative rehJUlaûons, the high burden of proof and potcntial incarceration arc not appropriate for many Code violations, and the criminal process does not al ways regard City Code violations as important. As a resu1t1 th~ City Council fiX1ds the use of administrative citations and imposition of civil penalties is a legitimate and neces!;ary altcrnati va . enforcement method, which will be jn addition to any other lcgal remedy that may be pursued for Code vioJalions. Subd. 2: Adminis~jÌve Oflèn~.ç. An administrative offense is a violation of any section of this Code when One performs an act prohibited, or fails to act when the failure js- prohibited, and is subject to the penalties set forth in this Code and tho City's penalty schedule. Subd. 3: NQ.ti.c£. Any Police Officer, the Building Inspector or any designee by the City with authority to enforce this Code shallt upon determining that there has been a violationt notify the violator, person responsible for the violation, or in the Casè of a vehicular violation, attach notice of the VÍolation to the vehicle. The notice shall state the naturet date, and time of the violation, the name of the official issuing the notice, the amòunt of the scheduled initial penalty and any appltcnblc charges. Sûbd.4: Pavment. Onee a notice is given, the person responsible for the violation shall, within seven (7) days after the l10tjce is issued, pay the peJ1a1ty amount to the City Administrator/Clerk in person or by mail, and payment shall be an admission ofthe violation. A tate charge established in Appendix A shaH be imposed for eacb seven (7) days the penalty remains unpaid after the first ~cvcn. (7) day period. Subd. 5: Hearing Officct. The City Council shall be the Hearing Officer authonJ':oo to beal' or detcnninc a cause of controversy under this Section. The Hearing Officer is not a judicial officer but is a public officer as defined by Minnesota Statute 609.415, as arnendcdt and is subject to Minnesota Statutes re1ating to public officers. e AUG-04-2003 MON 04:44 PM F AX NO, P. 13 . Subd, 6: Heari:Qg. Any person contesting un administratiye offense ¡.¡r¡der this Sec1.ion may r(:)(}ucst, within seven (7) days after the notice is issued, to be heard by the Hearing Offieer who shall heal' and detcnnine tbe grievance. Upon receiving a request for a hearing) the Hearing üm~er shaH set a hearing date and provide a written notice of the hearing at least five (5) days in ndval1ec~ unless the parties nccept a shorter time period. The Hearing Officer shall have authority to impose a pe11alty, dismiss the vio]ution for cause, and reduce or waive the penalty upon the terms and conditions the Hearing Officer dctcl1nines. The Hearing Officer must state the disposition reasons in writing. If the Hearing Officer S1lstains the violation) the violator shall pay the p~alty imposed Or s1gñ. an agreement to pay upon the tenns and conditions set forth by the I lowing Officer. Subcl. 7: Failllrc to Pay. Tf a violator fails to pay a penalty imposed by this Seclion) or as abTl"C<..'Ù upon following hearing before the Hearing Officet, the City may bring a misdemeanor or petty misdemeanor charge aga.in!it the alleged violator a.ccording to this Code and applicable law. Ifthe violator pays the penalty or if the Hearing Officer finds the iudividual not to have committed the administrative offense, the City shall not bring a crhninal charge for the same v1olation. Subd, 8: Pisposiiion qf.fen¡¡lties. All penaWes collected under this Section shall be paid over to the City Administrator/Clerk, who shall deposit the peDuhy in the City's general fund and issue n receipt. . Subd. 9: Schedulodl.~llalties. Pcna1tios shall be imposed for violating administrative offenses according to a pcnalty schedulc the City Conncil estab1ishes periodically by resolution Subd. 10: Qrill.QnJo Withdraw. The procedures are intended to be voJuntary all the part of those who ha.ve been charged with administrative offenses, 1\t any time before paying the aùministrative penalty as is provided in this Ordinance, the individual may withdraw from parlicipation in tbe procedures whereupon the City may bring criminal charges according to this Code and Stat~ law. Likewise, the City in ít~ discretion, may choose not to pursue an administrative offense and may bring crim)t\a1 charges instead." This amendment shall b~C01"e effective upon adoption and publication. This Ordinance was npprovcd by the majority of the City Council ofSt. Joseph on this _day of .' 2003. ~ - Mayor .- Administrator/Clerk e 2 AUG-04-2003 MON 04:44 PM FAX NO. P. 14 . This amcndment was published in the - on "', _-,2003. . . 3 SCHEDULE OF FEES Failure to remove snow/obstruction from sidewalk----------------------- $ 50.00 . Violation of park regulations $100.00 Sprinkling Ban $ 50.00 Building w/o Permit $200.00 Throwing Candy of Gifts in a Parade $ 50.00 Intoxicating Beverage in Parade $100.00 Underage Furnishing Tobacco $200.00 Underage Present in Liquor Establishment Permit Underage in Liquor Establishmeri't $100.00 Permit Patron in Bar After Hours $200.00 Open Container in Public $ 90.00 Underage Consumption of A !cohol $140.00 Possession of More than One Keg $200.00 Noise Violations $100.00 Prohibited Fire $100.00 Dogs Running at Large $ 80.00 Failure to License Dog $ 80.00 Public Urination $ 90.00 Rollerblade/Bicycles/Skateboard V io lations $ 50.00 Traffic Violations Through Street Violation $ 50.00 . Illegal U-Turn $ 50.00 Parking Semi-Trucks, Trailer, Trucks and Tractors in Res Zone $ 50.00 Unreasonable Acceleration/Braking $ 80.00 Operation of Vehicle on Sidewalk $ 80.00 Operating Vehicle in Public Park $100.00 Snowmobile Violations $ 80.00 A TV Violations $ 80.00 Speeding 1-14 Over Posted Limit $75.00 Inattentive Driving $ 75.00 Seat Belt $ 50.00 Equipment Violations (All) $ 50.00 Tinted Windows $ 75.00 Expired Registration $ 50.00 e JIJL-07-2003 MON 02:14 PM FAX NO. P, 02 . ~-~. Rajkowski Hansnleier lid. 11 Savanth Av"nuQ Not1.h . ^TTORNfyS I\f LAW P.O. ¡:¡"x 1~3~ 51. CIOlld, MN ~630?·14H July 7,2003 VIA FAX ·363-0342 ~20·2!a1·1(¡!'~ Toll Free 800·~IJ~-!l()11 Ms. Judy W oyrens AdnlìniSirator/Clerk F~x 320·251 S8~¡' 2S C II A N" h o ege venue ort P.O. Box 668 r.lii",n(Jr,'h6n (Oln SL Joseph, MN 56374 ww...",,'jf...n COlli RE: City orst. Joseph - Administrative PcnaJ1ies Our File No, 22641 Dear Judy: This Iëtter is in response to Y0l.IT leiler regarding Avon's system of administrdtive pennHies. As you can imagine, this has become a hot topic with municipalities because ofthe cutbacks inloeal government funding. . Advantat:!'es; Aside from the direct economic benefit of penalties paid to the City, administrative penalties offer all efficient, effective and less intimidating (uscr friendly) method of Fr."'\ J fMjkOMk,"" enforcing ordinance violatiQns. Tho City's prosecution costs should decrease, as (,,,,,Ir:n H H.II\\Jn"U" violators may be less likely to contest an admÌ1ústrativc pcnaHy. The penalty wil1 be less than the court fine (no law library fees tacked on), will be perceived as a less serious rU"I~'·'lfJ.:. ftlUnk~ I . .. .. i . consequence and, 1ll regards to traffic violatIons, It Wl11 not be reported on the v101ator s 1'hom~s <> J(wònvllh" driving record, P.JlIl A Ra¡kowskl· Authoritv: KC'''n F Gr"y Wlllo,un) C~~tlman There is no express authority for statutory cities to impose administrative penalties. However, it is gCI1erally accepted that the power to adopt ordinances calTies the inherent 1';,,11.1II w <'nl"'¡v;¡rro ~ 11 A .. ., . d power to en.1orce then] as we. S CltlOS are authol1zed to Impose up to a 11115 emcanor \,/\,\0 M [1"9& pem\lty for ordinance offenses (Minn. Stat. § 412.231), it fonows that a Jesser u..Anrlt' tI. R.III'II1(>!'~1 adminislmtive penalty may also be imposed. The City should be aware that this is an unsettled area in the law. However, because thereis a strong argument for implied ~.1I,'h L ~n"lh authority to do so, I wOlùd recommend that the cOlJncil consider adopting ~ln 1roy A POCot¿ administrative penalty system. Jc.npn M. UrulIIul.lld . c.(~ÿ'\lyJ II'II!,,,,I '.,IId< J 1I.!l-CIW>hl .,Hi ni"."d W. Søb.,'vn,m",t' orlml!lro !o !)rùaiœ ¡,) Nil/ill D.1kOloJ. G<J,úun H.II./mmt'i,·, in Nnrtn ()t/Jim,' lInc/ WICnnltll. p,1U/1I. RiJ¡kOWJlCl JI)Ú S.,.', 1. Smilh in Wilrnn'Jn, .nd WiIlIMI). C:o~hm"n II! SOLlIII Oùkol.. "M.lllbrr(lf Am,·rir.>n ~n",d of Irinl AdvOU1ltJ. 'Qunllhou ADfi NœllLrJI JUL-07-2003 MON 02:14 PM FAX NO, P, 03 V Ms. Judy Weyrens · July 7,2003 Page 2 The problem with the Avon system is that it also authon:r,es administrative penalties for offenses that arc statutory and not ordinance violations, such a..t; minor trame violations and trespassing. J find no authority for this practice. The City may be able to get around this by incorporating the statutory violations into the City Code. Minn. Stat. § 471.62 authorizes the incotporation of 8tat11tes by reference. However, I would advise caution when incorporating statutory violations. 111C administrative penalty system is moæ likely to survive judicial scrutiny ¡fit is used to enforce provisions particular to the city, such as housing code, land use, animal violations, elc. Procedure: Ordinance 14 can be amended to provide for íU1 administrative penaJiy system similar to the Avon ordinance. I note that the City traffic code already incorporales the Minnesota Stututes Chapter 169. Any other statutory offenses can be incorporated in Chapter 10 of the Code. The council should consider whether they want to appoint a hearing officer or have the council conduct hearings to review these penalties, similar to the liquor license violations. The penalty fees can be addcd to Appendix A and updated from time to time by thc council. If yon have any questions abO\lt this issue, please give me a call. V cry tru ly yours, · WSKI HANSMEIER LTD. SMD/jll · 0?\k::-R ~,~\~..>. - $ 9CJCJ. 00 - . Al I Low~ CtAß~t.~<~ W((1-\ êDU~J0jK 7û~, 5) Ñk' _.......,-'-"~~ KW~ F:~\.ùC-ST :=-.$f l\9DD~ 0-0 . I Note: This drawing is an artistic SWORSKI Dwg no. interpretation of the general MIKE SWORSKI appearance of the floor plan: It is not meant to be an exact rendition. . WoRk eERJCHt/lI/rI(1~iJ?J tAle \.- lL{' WÖ~l~ ßENCl-( {- (lo' LÙ~\R~ ß~M 1£ 3(:)~. () b . ~ "7fJßLr¿- sCAGJ ( C:/( . $fSQ,oD . - f/crrvl r;:D~6I Jþ Sea. OD - Sei\RS" # ~5V,r 00 éÄ.J~ ~ SAc..¿- . . · I Attachment: ~~ or No I REQUEST FOR COUNCIL ACTION DATE: July 30,2003 EDA ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM EDA monthly activity report. PREVIOUS ACTION Monthly departmental report. · RECOMMENDED BOARD ACTION For review and approval. FISCAL IMPACT N/A. COMMENTSIRECOMMENDATIONS EDA monthly report offered for your review and approval. · ~. · MUNICIPAL DEVELOPMENT GROUP, INC. DATE: July 30, 2003 MEMO TO: Mayor Hosch, City Council Members, City Administrator Weyrens FROM: a1r"¡ y- LI.,..$ Jo ne Foust & Cynthia Smith-Strack, Municipal Development Group RE: Economic Development Activity Report - July, 2003 Municipal Development Group has been interacting with a number of prospects throughout the past month. Following is a summary of activities that have transpired. If you have any questions on any of these or other projects, please do not hesitate to contact us at 952-758-7399. Business Prospects have been identified by a project number to protect the confidentiality of the businesses. Project 01·E: This contact has been interacting with EDA staff for over two years regarding the possible expansion of a service facility in the community. On July 15t MDG mailed the contact a letter regarding growth projections for the City over the next five to ten years. Project 01·F: · This project involves the locating of a fast food restaurant in the City of St. Joseph. MDG's followed up on June 25th and met with the company's broker on July 9th. They are still investigating various sites. Project 01.J: This developer owns a commercial subdivision in St. Joseph and has constructed a commercial building. MDG has been working with the developer and has forwarded potential business leads including 03-1 who is looking for 5,000 sq. ft. The developer currently has 2,400 sq. feet leased and 7,360 sq. feet available. The last contacts with the developer were made on June, 25th. Project 01-1 met with this developer regarding land/building on July 9th. Project 02·L: This contact has received approval from the EDA and Planning Commission for the construction of an industrial incubator facilit~ in the Buettner Business Park. MDG held discussions with the developer on July 2, July 9, July 16t and July 23rd regarding facility and lease information. Project 01·N: This company has been searching for commercial lots for the construction of an office building since the fall of 2001. MDG sent the contact a letter on July 15t regarding the status of the project. Additional discussions with various contacts regarding various site options occurred following the mailing on July 15t and July 16th, On July 18th MDG called and spoke with Foust regarding finalization of site selection within two weeks for construction this fall. Additional discussion occurred on July 21 5t and July 23rd. Project 02-E: This business has been considering an expansion for approximately 18 months, but has placed the project on hold, due to the economy. On July 8th, MDG sent the contact a letter regarding the pending · increase in prices for lots in Buettner Business Park. EDA Monthly Project Report -July, 2003 Municipal Development Group - Page 1 . Project 02-L: This company plans to construct a 16,000 square foot multi-tenant building in St. Joseph business park beginning in August, 2003, with plans for an additional 16,000 square feet in the future. The City Council reviewed and approved plans on June 19, 2003. MDG followed up with the company on July 9th regarding several potential tenants for the other bays in the building. The company has recently retained a commercial realtor to assist as well. Project 02-R: This business has been working with MDG since June, 2002 to identify sites for a 7,000 square foot building. The company has been finalizing their business plan and financing. MDG followed up on June 18th. The company is currently in a 5-year lease but is interested in a 3.343 acre parcel in Buettner Business Park. MDG contacted the realtor for the park on June 25, 2003, who indicated the interest in land is 3-4 years out. MDG sent the contact a letter on July 8th regarding pending increases in lot prices in Buettner Business Park, effective August 8, 2003. Project 02-V: This developer contacted the City last year regarding an expansion of his home occupation into a stand-alone facility in the Buettner Business Park. The contact received a mailing from MDG on July 9th regarding the pending price increase for lots at the park. The contact expressed an interest in learning more about the acreage available. MDG met with the prospect on 16th to discuss the business park. MDG forwarded the lead to the park realtor. On July 24th the prospect again contacted MDG for information on the park covenants and zoning standards. Project 02-Y: This prospect contacted MDG on October 7, 2002 regarding new construction in the Buettner Business Park. MDG has had numerous follow-up conversations with the company and supplied information requested on other sites. MDG's followed-up on June 25, 2003, sent a,letter regarding . price increases in Buettner Business Park on July 8th and left a message for the company contact on July 9th. Project 02-CC: This prospect contacted MDG on November 22, 2002 regarding available acreage within the Buettner Business Park for a 9,200 square foot facility. MDG followed-up most recently sent a letter on July 8th informing the company of the pending price increases in Buettner Business Park, effective August 8th. Project 02-DD: This contact inquired about residentail and commercial/industrial land in the community in December, 2002. MDG has followed up several times since, including the most recent letter on July 8th regarding increases in prices of lots in Buettner Business Park, effective August 8th. Project 02-FF: This developer contacted the City at the close of 2002 regarding available industrial land. EDA staff have followed up with this contact on several occasions including a letter on July 8, 2003 regarding the pending price increase for parcels within the Buettner Business Park. MDG contacted the business on July 9th regarding the price increase and noted the realtor for the business park would be contacting him. The contact noted they are finishing a building in another community at this time and did not anticipate construction in St. Joseph in calendar year 2003, but possibly next year depending on the economy. Project 03-A: These developers are interested in a large highway commercial development in an area not yet annexed into the City. MDG has been working with them over the past several months. Follow-up correspondence most recently occurred on July 15t (meeting), July 2nd, 3rd, 9th, 15th, 16th (EDA meeting), 22nd, 23rd, 24th, 25th, 28th and 29th. . Project 03-G: EDA Monthly Project Report -July, 2003 Municipal Development Group - Page 2 This company requested information on Buettner Business Park lots, prices and covenants in · February 2003. MDG has followed up with the company on a number of occasions since. On June 25, 2003 the company indicated that they recently purchased land in Industries West Business Park in St. Cloud. Project 03-H: This company planning to close on 4.0 acres of industrial land in Buettner Business Park on Friday, June 27, 2003. The Council reviewed the plans on June 19, 2003. MDG spoke to the new business owner on June 25, 2003. He noted the process has gone well and he is pleased to be locating in St. Joseph. Project 03-.1: This company inquired about the former Vicwest Building. Follow-up by MDG occurred most recently with the realtor for the building on June 26th, July 9th and July 23rd. MDG left a message for the business contact on July 16th 2003. Project 03-K: This contact requested information from MDG on starting a business and zoning regulations in the Central Business District, on May 2nd. MDG sent the contact a book from DTED "A Guide to starting a business in MN" along with an excerpt from the zoning ordinance. Follow up most recently on July 14th and 16th, 2003. Project 03-L: This contact initially contacted the city in May, 2003 regarding lots in Buettner Business Park. MDG most recently sent a letter on July 8th regarding the pending increase in lot prices in Buettner Business Park, effective August 8th. Project 03-M: · MDG met with two business people interested in leasing the former Tom Thumb building. MDG followed up most recently on June 25, 2003 and July 9th, The company is finalizing financing, and reviewing various site options. MDG provided info. on two other commercial buildings with space available for lease. The contact noted they are also looking at St. Cloud. Project 03-N: A contractor contacted MDG earlier in the year regarding the availability of industrial sites in Buettner Business Park for a 10,000 square foot building. Follow-up correspondence occurred most recently on June 25th and a letter regarding the pending price increase in Buettner Business Park, on July 8Ui. The company has indicated the project is on hold indefinitely. Project 03-0: This business, new to St. Joseph in 2003, called regarding financial programs available for their type of company. MDG forwarded information on the Business Loan Program and Loan Guarantee Programs through the Initiative Foundation on June 2ih and followed up regarding receipt of the information and other assistance on July 9th. Project 03-P: This company contacted the city on July 9th regarding 8.0+ acre sites in industrial zoned areas. MDG forwarded information on Buettner Business Park and financial programs, at their request. MDG followed up on July 16th and 23rd. Project 03-Q: This contact is considering the purchase of a lot in the Buettner Business Park. MDG forwarded information regarding zoning regulations and covenants on July 11th. The Company had requested a possible special EDA meeting on August 6th to review development plans. The drafting of site plans · has taken longer than anticipated and the Company has indicated EDA review at the next regular meeting (August 20th) is more realistic. EOA Monthly Project Report -July, 2003 Municipal Development Group - Page 3 It Other: The EDA hosted a meeting with business owners north of County Road 75 regarding the installation of high-speed data lines in the industrial portions of the City on Jùne 25, 2003. Three representatives from Astound and nine business representatives attended. MDG met with Astound representatives on July 16th regarding the feasibility of extending high-speed data lines into industrial areas. Additional information is pending, including a map of the area proposed to be served. . . EDA Monthly Project Report -July, 2003 Municipal Development Group - Page 4 t6 Overtime and Callouts July 4, 2003 through July 31,2003 IIIIF'''''a:iIII'"It~.~'''_''="_''·"¥"_ .c~_ ~~~II{'Iwí;_ ~'[~-:~Gj:;~,:;,;f!~,~ >..;'1::-;-'<·-:~f~~~ .- ~~u:~rt+::..., " ~:~¡iI1¿_; ::i. -..:t-~ 7/19/03 3.00 hrs Weekend Work 7/4/03 3.50 hrs Parade Duty 7/20/03 3.00 hrs Weekend Work 7/4/03 5.00 hrs Holiday Pay 7/5/03 4.00 hrs Street Cleaning 7/4/03 4.50 hrs Parade Duty 7/9/03 2.00 hrs Budget Meeting 7/12/03 3.00 hrs Weekend Work 7/13/03 3,00 hrs Weekend Work 7/16/03 1.00 hrs Maint. Facility Mtg 7/19/03 2.00 hrs Call Out-Northland Lift St. 7/4/03 5.00 hrs Holiday Pay 7/28/03 4.00 hrs Maint. Position Interviews 7/4/03 3.50 hrs Parade Duty 7/4/03 3.00 hrs Holiday Work 7/4/03 5.00 hrs Holiday Pay . 7/5/03 3.00 hrs Weekend Work 7/15/03 5.00 hrs Safe & Sober 7/6/03 3.00 hrs Weekend Work 7/15/03 5.00 hrs Safe & Sober 7/26/03 3.00 hrs Weekend Work 7/27/03 3.00 hrs Weekend Work 7/9/03 2.00 hrs Budget Meeting 7/28/03 2.00 hrs Maint. Position Interviews 7/30/03 2.00 hrs Maintenance Facility . · Underground Water Locating James and Carol Kuebelbeck Box 362, 28391 Kelp Rd. St. Joseph, Minnesota 56374 July 20,2003 City of St. Joseph 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374-0668 St. Joseph City Council: It has come to our attention that the city of St. Joseph intends to pursue efforts to. acquire additional groundwater sources. In over 30 years of locating groundwater throughout Minnesota and the · Midwest, we have sited more than 4,000 wells for well drillers, building contractors, home builders and clients within both the public and private· sector. Many of these wells were Jocatedon sites where professional well drillers, geologists and landowners had abandoned all hope of acquiring such supplies. We have worked for the Minnesota cities of Avon, Cold Spring, Milan, Sauk Centre,andSaukRapidsintheireffortstoJocate additional water supplies. Working for the State of Minnesota at Camp Ripley near Little Falls, we were able to locate a number of high-capacity wells after all other previous efforts had failed. The locating of sufficient satisfactory municipal water supplies is of vital importance. Locating such supplies, however, often proves to be a tedious time-consuming. process, entailing the . drilling of numerous exploratory "test wells". The drilling and subsequent evaluation of these test wells can prove to be extremely costly. We would like to offer the following input and suggestions for your consideration: 1) Acquiring satisfactory municipal water supplies by drilling test wells · at random, relying only upon currently existing geological survey maps or local drilling logs, is often a guess, at best. . 2) If the sites of satisfactory future city wells are located on properties not currently owned by the city, the purchase of such properties can be a considerable additional financial burden to the taxpayers as well. That being said, it would be our recommendation to the City Council that any initial exploratory test wells be drilled on property already owned by the city. If satisfactory groundwater sources could be located on property already owned by the city, (which we believe is possible) the purchase of additional property would not be required. In this regard, we believe we can assist the city of St. Joseph in its efforts to expeditiously locate satisfactory groundwater sources. We would propose to offer our water locating expertise to the city of St. Joseph for a very reasonable fee. We would conduct a dowsing survey of all properties currently owned by the city, and make recommendations . based upon that survey. Our ultimate objective would be to locate satisfactory future groundwater sources - and to save the city taxpayers many thousands of dollars in the process. Sincerely, f:m-u- í1~~ ~~C James and Carol Kuebelbeck Box 362 28391 Kelp Road St. Joseph, MN 56374 (320) 363-7564 Email: Jckueb(ci)netlinkcom.com . I:¡ I'P 'P Q IU IU IU C. L. O-_:T ...1Ut::.....~ -·~CD:3 C;; o 0 o < CD -. £ ~ -. 0 -I Q .....;::t! CD ø ø IU'<:¡:¡ -.:¡ ñio::rll) c :¡ CD .., :¡ o :T- O (1) - - 0 _ CD '< c.:¡ a. o _CD (II _a.. CDIC :J~:J~~CD~ -< :J ;U enzo:r:~ -0 ::r 0 a. ëiJ ji) CD' a. m IUroQ~ CO em cOm o 5: - :!: - :J CD 0 IU :J (II iÞ' :-cm;ur ~:J:TëDaC.-..,(II ,<@(II(1) ñ! -. 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