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Home My WebLink About2004 [09] Sep 02 {Book 32} CITY Of ST. JOSEPH ~... www.cityofstjoseph.com St. Joseph City Council September 2, 2004 7:00 PM 1. Call to Order Administrðtor 2. Approve Agenda ludy Weyrens 3. Consent Agenda MdYor a. Minutes - Requested Action: Approve the minutes of August . Lðrry I. Hosch b. Bills Payable - Requested Action: Approve Check Numbers c. Liquor License - Requested Action: Authorize the Mayor and Administrator to Councilors execute the LiquorLicense for Stonehouse Tavern. d. Application for Payment - Requested Action: Authorize the Mayor to execute AI Rðssier Application for Payment #7 for the Northland Plat 7 improvements and authorize Ross Rieke paymentto R.L. Larson in the amount of $19,927.75. Gdry Utsch e. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #1 for the 2004 Callaway Street Construction and Dðle Wick authorize payment to Larson Excavating in the amount of $ 155,985.44 f. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #10 to R.L. Larson for the Liberty Point Improvements and authorize payment to R.L. Larson in the amount of $ 2,066.25. . g. Hazard Mitigation Plan - Requested Action: Authorize the Mayor and Administrator to execute Resolution 2004-26 Supporting the efforts of Stearns County in developing a Hazard Mitigation Plan. h. Capital Equipment Purchase - Requested Action: Authorize the trade of the 1999 John Deere Tractor for a 2004 John Deere with a net cost of $ 12,493.2_5 4. Public Comments to the Agenda 5. 7:05 PM - City of St. Joseph Recognition Awards 6. 7:10 PM - Field Street Study Corridor - Consultant Hire 7. City Engineer Reports a. Storm Water Report b. Other Matters 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Police Hire· b. November 2, 2004 Sales Tax Ballot Question c. Sidewalk - 4th Avenue NE d. Roof Repairs, Water Filtration - City Hall 11. Adjourn - - 2.Ij College Avenue North' DO Box bbs . Sðint. Joseph. Minnesotd ~6,74 Dhone ,2.0.,63.72.01 I:d x ,2.0.,6,.0'42. 1 1< \ " ;. 1 .. NOTES TO THE COUNCil............ Sidewalk on 4th Enclosed in your packet is an estimate to construct sidewalk on 4th Avenue NE. The cost came in higher than we anticipated. In discussing the matter with one of the City Engineer, the price is high because of the small project and their may be a benefit to combining this when the City is completing a larger project. At this time we only have one price. We can check with Foxmore Hollow or Sand Companies when they have their contractor and revisit this matter. The only funds available for this is $ 5,361.00. Roof Repairs One of the well houses has a leak in the roof that has caused some damage to the sheet rock. Dick has contacted two roofing companies, McDowal and Horizon. The price difference is extreme so we are contacting a third company. The City has previously used Horizon Roofing on the City facility and had to have the work re-doneby McDowal. With regard to the City Hall, Pete has noticed some leaking by the car port and we are looking at a cost to repair. For this repair it would make sense to use McDowal since they have completed the roofing and have been servicing the same. Liquor Closing Mark Loso has requested the Council reconsider the 2 AM bar closing. This matter will be placed on the September 16, 2004 City Council agenda. Police Hire The interview committee for the Police Officer is meeting on Monday, August 30, .- 2004. It is anticipated thea recommendation will be forwarded on September 2 or at the latest September 16, 2004. . DRAFT August 3, 2004 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session · on Tuesday, August 3, 2004 at 7:00 AM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Ross Rieke, Dale Wick. Administrator Judy Weyrens. Mayor Hosch opened the meeting and stated the purpose of the meeting is to discuss the intent of the St. of St. Joseph with regard to participation in the imposition of a one-half cent sales tax. Hosch stated that he and Weyrens have been meeting the area Cities representatives discussing a strategy for requesting. the legislature to extend the one-half cent sales tax that is already being collected in the Cities of St. Cloud,. Sartell, Sauk Rapids and St. Augusta. The current additional one-half cent sale tax is scheduled to expire on December 31,2005. The Legislature does not have a procedure in place that would allow for the continuation of the tax. Therefore, the area Cities will be asking the legislature to continue the regional one-half cent sales tax by placing the question on the ballot this fall. The intent is for all the Cities to mirror the same ballot question to further illustrate the tax is a regional tax. . The City of Sartell will be supporting the efforts of the area Cities, butit is their opinion that they already have authority to continue implementing the tax, using the same regional projects. Cities intending to place the matter on the ballot must resolute such no later than August 2, 2004. The actual ballot question needs to be certified to the Auditor no later than September 7,2004. Weyrens stated that at this time the regional project that will receive the first $ 900,000 is a combination of the Civic Center and the Great River Regional Library. ,The City needs to determine first if they want to participate in the process and collect the sales tax and second, what projects will be funded with' the excess tax. There are two ways the ballot question can be structured and are as follows: 1. Specific projects can be listed such as Field Street or Klinefelter Park Bathrooms. 2. General Questions can be drafted such as support for Regional Transportation Projects · and Regional Park Projects. Each can then include as clause that states such as: Field Street, Northern Bypass. Weyrens presented the Council with a proposed Resolution, stating the City of St. Joseph supports the extension of the one-half cent sales tax and requests legislative approval. Hosch stated that the City of St. Joseph receives the greatest benefit of the tax. The formula approved by the area Cities provides St. Joseph with over a $ 2.00 reimbursement for every dollar collected. Hosch stated it is important for St. Joseph to illustrate to the taxpayers the benefit that will be received by approving the tax. Rassier stated the he is supportive of the tax and encourages the City Council to support the resolution. The projects that will be funded with the excess tax will need to be completed regardless of the tax. The sales tax is a way to pay for the improvements without increasing taxes. Rieke stated that he too supports the tax and requested that the wording in the proposed resolution be changed slightly to replace St. Cloud Library and St. Cloud Civic Center with the Regional Civic Center and the Great River Regional Library. Rieke agrees that the Council needs to market and support the one-half cent sales,tax. Utsch and Wick concurred with the comments of Rassier and Rieke. Utsch made a motion adopting Resolution 2004-25, Supporting the extension of the one-half cent sales tax, and requesting the matter be placed on the November 2, 2004 ballot in St. Joseph. The motion was seconded by Rieke and passed unanimously. Adjourn: The meeting was adjourned by consensus at 7:55 AM Judy Weyrens · Administrator Draft August 5,2004 Page 1 of 8 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 5,2004 at 6:15 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. Others Present: City Engineer(s) Joe Bettendorf, Tracy Ekola, and Jeff Ledin, Monte Eastvold, Jeff Taufen, Richard Hennings, Approve AQenda: Utschmade a motion to approve the agenda with the following changes; seconded by Wick and passed unanimously. 4b. Delete 12 Add (c) Rothfork Property 2004 Debt ManaQement StudY: Bond Counsel Monte Eastvold presented the Council with the annual Debt Management Report. The report is a summary of all current bond issues, current fund balances and projected ending balances. Eastvold stated that some of the bond funds require funding from the Trunk Sewer Fund and they should be monitored and funds transferred as needed. Generally the bond funds appear as though they are self-sufficient. 2004 Equipment Certificates: Eastvold presented the Council with a proposal for a $ 280,000 bond issue to purchase equipment. The equipment includes: Electronic Filing, Police Equipment, Sewer Cleaning Machine and Easement Machine. The equipment has previously been approved by the City Council and the term of the bond issue is five years. Based on the proposal of Northland Securities, the net effective rate of the bond issue is 2.74%. . Rassier made a motion to approve the Resolution for Issuance of the $280,000 Equipment Certificates Bond as presented by Eastvold. The motion was seconded by Wick and passed unanimously. Utsch made a motion authorizing Northland Securities to purchase the $ 280,000 Equipment Certificate Bond Issue with a net effective interest rate of 2.74%. The motion was seconded by Rieke and passed unanimously. Eastvold stated that past bond issues have been issued with US Bank as the Payee. Customers of Northland Securities have indicated US Bank has become so large that it can be difficult to obtain information or to correct errors. Northland Securities has started a new company entitled Northland Trust Agency (NTA). NT A will offer the same service as US Bank and will use the same fee structure. It is hoped that NTA will be able to provide high-level customer service to all the clients. Rieke stated that the issuance of bonds is a very audited process and questioned if procedurally there are any issues. Weyrens stated that the City has the authority to issue the bonds through any trust agency and there is not a conflict in this case. Hosch stated that it may in the best interest of the City to consolidate all of bond processing through one company. Rieke made a motion to approve Northland Trust as the paying agent for the 2004 Equipment Certificate in the amount of $ 280,000. The motion was seconded by Utsch and passed unanimously. Consent AQenda: Rassier made a motion to approve consent agenda as amended; seconded by Uísch and passed unanimously. a. Bills Payable -Requested Action: Approve Check Numbers b. Minutes - DELETED . Draft August 5, 2004 Page 2 of 8 c. Police Grant - Authorize the Administrator to execute the Grant Agreement between the City . ofSt. Joseph and the State of Minnesota for overtime funding in the amount of $3500 and for $500. d. Safe & Sober Grant - Authorize the Mayor and Administrator to execute the Grant Agreement between the City of St. Joseph and the State of Minnesota for additional enforcement. e. Application for Payment - Requested Action: Authorize the Mayor to execute Payment Application #9 for Liberty Point and authorize payment to RL Larson in the amount of $52,144.79. f. Cable Commission Salary - Authorize the increase in salary of $200/month to $300/month for the Cable Commissioners. g. Cable Equipment - Authorize the capital equipment purchase of $1,842.12 expending the funds from the PEG Access Fee. h. Truck Equipment - Authorize the expenditure of $2,000 to equip the sewer pickup truck with funds expended from the sewer fund. i. VEBA Agreement - Authorize the Administrator to execute an Agreement between the City of St. Joseph and Minnesota Service Cooperative creating the retirement VEBA. Public Comments to the Aqenda: No one present wished to speak. Fire Relief Association, Annual Report: Jeff Taufen of the St. Joseph Volunteer Fire Department addressed the Council as Treasurer of the St. Joseph Fire Relief Association. Taufen presented the Council with the annual Fire Relief Report. In additional to verifying the solvency of the fund, the report also includes the funding requirement for 2005. Based on the audited report, Taufen stated that a requirement is not mandatory. However, in the past when their was no required contribution, the Fire Board recommended a contribution of $ 3000. This is based on a $ 100 contribution per firefighter and the City currently has 30 firefighters. Utsch made a motion to accept the Annual Report of the St. Joseph Fire Relief Association as . presented and to designate $ 3,000 as the contribution for 2005. The motion was seconded by Rieke and passed unanimously. ColleQe of St. Benedict, Development Request: Jim Fredricks, Physical Plant Director for the College of St. Benedict appeared before the Council requesting approval of the development request to construct the Presidents Residence. Utsch stated that the Planning Commission has considered this matter on two separate occasions. The first application requested the City approve a Special Use Permit to allow the construction of an expanded residential facility in an Agricultural Zoning District. A public hearing was conducted and based on the recommendation of the City Staff, the Planning Commission recommended denial of the Special Use Permit as the proposed use did not meet the intent of the Agricultural Zoning District and allowing development of an Agricultural Zoning District in Planning District 8 is not consistent with the St. Joseph Comprehensive Plan. Weyrens stated that since the Planning Commission is a recommending body, the City Council must act on the original application before moving forward to the second application. Therefore, Rassier made a motion to accept the findings of the Planning Commission, denying the College of St. Benedict the Special Use Permit for the construction of an expanded residential facility in an Agricultural Zoning District. The motion was seconded by Wick and passed unanimously. Weyrens stated that after the Planning Commission recommended denial of the Special Use Permit, a subsequent application was submitted which requested the platting of a four acre parcel of property, rezone the property to R1 and a Special Use Permit for the construction of the expanded residential facility entitled the Presidents Residence. Utsch stated that the Planning Commission conducted the required hearing and recommended the Council approve the Preliminary and Final Plat for a four acre parcel to be entitled College Addition, rezonê the newly plated parcel as R1, Single Family, and to issue a Special Use Permit to allow the construction of the Presidents Residence. -- - Draft August 5, 2004 Page 3 of 8 . The Plat has been submitted to Stearns County for review with regard to access to County Road 121. The County has agreed to allow a temporary access to County Road 121, across the street from the existing College entrance. Theaccess must be removed when Field Street is extended and the College will have the choice of accessing Field Street or moving the drive north, creating a new access to CR 121. Utsch made a motion to accept the findings of the Planning Commission and approve the preliminary and final plat entitled Col/ege Addition as recommended by the Planning Commission including the contingencies outlined in the resolution. The motion was seconded by Rassier and passed unanimously. Utsch made a motion to accept the findings of the Planning Commission and rezone the subject property to R1 ,Single Family and approve the Special Use Permit with the contingencies outlined in the Planning Commission resolution. The motion was seconded by Wick and passed unanimously. Weyrens stated that the platting and construction of the facility require the College of St. Benedict to enter into a Development Agreement with the City of St. Joseph, memorializing the approved project. The City Attorney has prepared the Agreement and Weyrens requested authorization for execution of the same. Rieke made a motion to authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and the Col/ege of St. Benedict allowing the construction of the Presidents Residence. The motion was seconded by Rassier and passed unanimously. Rassier made a motion to recess the meeting at 6:55 PM; seconded by Utsch and passed unanimously. . The meeting was called back to order at 7:10. Brian Shields. Interim Use Permit: Brian Shields of 321 Cypress Drive approached the Council requesting an Interim Use Permit to- allow for an owner occupied rental unit. Utsch stated the Planning Commission has conducted the required public hearing and recommended the Council approve the request with contingencies. Shields stated that he currently has three tenants and is requesting authorization to allow all three to remain for a 10 week period. At the end of that time he will only have two tenants. Shields stated that he has a lease with the tenants and had such before he was aware of the Ordinance limitations. Utsch stated that since there have been no neighbor complaints, he does not see a problem allowing the additional tenant to remain until her lease expires in 10 weeks. However, the lease must be submitted to the City Offices for verification before the rental license is issued. Rassier made a motion to issue an Interim Use Permit to Brian Shield of 321 Cypress Drive as recommended by the Planning Commission. Approval includes the contingencies outlined in the Planning Commission Resolution. In addition, Sheild shal/ be aI/owed to continue the existing lease, providing for three tenants for a ten-week period after which only two tenants are permitted. The motion was seconded by Wick and passed unani!"ously. CITY ENGINEER REPORTS 16th Avenue SE - Bid Award: City Engineer Tracy Ekola presented the Council with the bid tablulation for the 16th Avenue Utility Improvement. The bids were opened on August 4, 2004 with the following submissions: Randy Kramer Excavating $ 56,062.74 Molitor Excavating 64,620.30 C & L Excavating 66,236.00 Kuechle Underground 69,760.97 RL Larson 79,229.00 Draft August5,2004 Page 4 of 8 Ekola stated she has reviewed the bids against the Engineer's Estimate of $ 56,062.74. The bid is higher . due to the increasing cost of steel. Ekola recommended the Council award the 16th Avenue Improvement contract to the lowest bidder, Randy Kramer Excavating. Wick made a motion adopting resolution 2004-_ awarding the bid for the 16th Avenue SE Improvements to Randy Kramer Excavating and authorizing the Mayor to execute the contract documents. The motion was seconded by Rieke and passed unanimously. Street LiqhtinQ - Callawav Street: Ekola stated the City is in the process of constructing Callaway Street East. When the project was bid, street lighting was not included. The street extension consists of approximately 1,300' and if lighting is not added the only light on the street will be the intersection of 4th Avenue NE. Ekola recommended installing four (4) additional lights about 350-400' apart. Ekola received a quote from Excel Energy in the amount of $10,522. While it is an unbudgeted expense, it is more economical to install the lights at this time and it will eliminate a potential safety risk. Hosch questioned if it would be a large difference in cost if decorative lighting is installed. Ekola stated that decorative lighting would create a need for more lights closer together, which would amount to almost three times the cost of normal street lights. Rieke questioned if there are companies other than Excel who could install streetlights. According to Ekola, there are other companies that install lights and she will contact them requesting an estimate. However, she also stated the lights need to be installed before the final sod is laid and construction is finished. Utsch made a motion to approve the street lighting for Callaway Street with costs not exceeding the quoted price of $10,522. If lighting can be obtained through another vendor at a lesser-cost approval is granted. The motion was seconded by Rieke and passed unanimously. Rothfork Annexation: Weyrens presented the Council with a petition for annexation for Armaline . Rothfork. During the construction of the Northland 8 Improvements, Armaline Rothforks septic system has hit creating a leak. Her property is adjacent to the City and services are readily available. In fact, when the next phase of Northland is developed, her property would have been annexed. Rassier made a motion authorizing the Mayor and Administrator to execute the joint Resolution between the City and Township of St. Joseph, annexing the Armaline Rothfork Property. The motionwas seconded by Rieke and passed unanimously. Water Distribution Study: City Engineer Jeff Ledin presented the Council with the Water Distribution Study. The study was the result of an inventory of the existing water source and supply and identified the strengths and weaknesses. The Study also provided a look to future and what type of system is need for the annexation area. Within the next five years the City of St. Joseph will need to construct a water storage facility and the location should be north of the existing facility, perhaps along CR 133. Based on projected growth, the City should construct a 750,000 elevated storage system which will accommodate the potential service to St. Wendel Township. Final Plat - Foxmore Hollow: Weyrens updated the Council on the status of Foxmore Hollow. The Council has previously approved the preliminary plat and during approval of the preliminary plat is was noted that a variance would be required on the setback from the holding pond and a variance would be required that will allow the holding pond to remain privately owned. The Planning Commission conducted the required hearing for the variances on July 26, 2004 and have recommended the Council grant the variances. In addition to conducting the public hearing for the variances, the Planning Commission considered the Special Use Request to construct a 16 unit apartment facility. This public hearing was the second hearing on the proposed use as the first request included two buildings, three stories in height with a combined unit count of 24. The new design reduces the density to 16 units, 2 stories in height and one Draft August 5, 2004 Page 5 of 8 . building. As the builder needs the holding pond for density calculation, the holding pond will be privately owned with the agreement that the pond be maintained according to City standards. Bettendorf stated that a question has arisen as to the location pf the gas line and how such impacts Foxmore Hollow. Linda Brown, representing the owner, stated that the gas line does cross the development and has been indicated on the new plats. Even with the location of the gas line, all lots remain buildable. Wick made a motion to accept the findings of the Planning Commission and approve the variances for the holding pond and grant a Special Use Permit allowing the construction of 16 unit apartment facility. The motion was seconded by Utsch and passed unanimously. Hosch questioned Bettendorf if the plathas met all the engineering requirements. Bettendorf stated that he has reviewed all the documents and they have been approved. Weyrens stated that the Stearns County Engineer has provided comments approving the plat so all the required documentation has been received and the Planning Commission is recommending approval of the Final Plat. Rassier made a motion to approve the final plat of Foxmore Hollow as recommended by the Planning Commission and authorize the Mayor and Administrator to execute the Development Agreement. The motion was seconded by Rieke and passed unanimously. Preliminary and Final Plat - Pond View Ridqe 8: Utsch reported that the Planning Commission conducted the required public hearing for the preliminary plat for Pond View Ridge 8. Pond View Ridge 8 is being constructed as a City project and involves twolots. Bettendorf stated that the developer has provided the required information and easements. . Rassier made a motion to accept the recommendations of the Planning Commission approving the preliminary and final plat entitled Pond View Ridge 8 and authorize the Mayor and Administrator to execute the Development Agreement. The motion was seconded by Utsch and passed unanimously. Discussion: Wick stated that the Plat indicates the side yard-setback is 5' on the garage and 10' on the house side and the Ordinance requires both setbacks to be 10'. Brown stated the plat will be changed. Preliminary and Final Plat - Morninqside Acres: Weyrens stated that the Planning Commission has conducted the required public hearing for the preliminary plat, variances and special use permit for the area being platted as Morningside Acres. During the review of the Preliminary Plat it was determined that a number of variances would be required for the holding pond/wetland areas. Weyrens stated this ,development is still in the Preliminary Plat stage. She also stated that they are requesting variances for wetland setbacks. In addition a hearing was needed for a special use permit to allow more than 12 dwelling units in a R3 Zoning District. Weyrens further stated that before the City approves a plat, the comments of the County Engineer must be considered. The City has received the comments from Mitch Anderson (County Engineer) and he requested the City consider the construction of turn lanes. Bettendorf clarified the opinion of Anderson and stated that the intersection of Iverson and County Rd 121 should be evaluated for right and left turn lanes. The existing lane can be used for the right hand turn lane, however, the left hand turn lane would require a shift in pavement. Having the turn lanes at this . intersection would make this area consistent with the area along COl!nty Rd 121 from Minnesota to 295th Street. Arcon has also shown two turn lanes on their plans that they submitted. Bettendorf stated that they don't need to be done all at once, however, the City may want to consider doing all the road improvements at one time. He discussed the option for Sand Companies to escrow the cost to allow the City to have the money when its time to finish the improvements. Draft August5,2004 Page 6 of 8 Weyrens stated that the Planning Commission recommended approval of the Preliminary Plat with the . contingency that the property owner comply with the recommendation of the County Engineer. If the Developer does not agree to install or escrow funds for the turn lanes, the matter must be sent back to the Planning Commission for consideration. Weyrens stated that if it is the intent of the Council to approve the plat at this meeting, three separate actions are required and are as follows: 1) consideration of the Variances and Special Use; 2) consideration of the Preliminary Plat; 3) consideration of the Final Plat. Wick made a motion to accept the findings of the Planning Commission and grant the variances for relief from pond/wetland requirements and granting of the Special Use Permit to allow the construction of 48 dwelling units in a R-3 Development. The motion was seconded by Utsch and passed unanimously. Utsch made a motion to accept the findings of the Planning Commission and approve the Preliminary Plat with the following contingency: The developer will comply with the requirements of the County Engineer regarding left and right turn lanes on County Road 121. The Developer shall have the option of constructing the turn lanes or escrowing the funds for construction at a later time. The City shall have the final say in which option is approved and the terms will be included in the Development Agreement. The motion was seconded by Rassier and passed unanimously. Bettendorf stated that before the final plat can be approved there are two outstanding issues that need to be resolved. The issues relate to Park Dedication and include the construction of sidewalk along CR 121 and the installation of \ighting in the same. Sidewalk: Weyrens clarified that previously Sand Companies stated the sidewalk construction from 295!h to Iverson Street is estimated at $ 9,716. Based on this estimate the Council waived that portion of the connection fee from the Park Dedication requirement. Bettendorf has indicated . to construct the sidewalk with the decorative lighting the cost will exceed $ 25,000. Sand Companies has the option of constructing the improvements and being reimburs(3d the $ 9,716. The outstanding issue is who is responsible for the remaining costs. Richard Hennings of Sand agreed to install the sidewalk as part of their construction. Liqhtinq: Wick stated it is his opinion that the Street Lighting cost should not be borne by the Planning Commission through Park Dedication Fees. In fact, there is a letter in the packet that states the use of Park Dedication Fees for street lighting and sidewalk is not appropriate. Rassier and Utsch stated that it is their understanding that an internal sidewalk and lighting trail is not appropriate. However if the City standards for trail include sidewalk and lighting that would be appropriate. Weyrens stated that she will seek clarification from the City Attorney. Rassier stated that it is his opinion that the lights should be extended on County Road 121 all the way to the Sauk River. The City has been fortunate in the past and all the lights thus far have been donated by the Civic Groups. The City cannot expect this type of donation to continue and the developer should be responsible for part of the costs. The Council agreed that the developer will be responsible for 50% of the cost of the decorative lighting and this amount shall be placed in the Development Agreement. Hennings stated that he has a few concerns that he would like to address to the Council. First, the Development Agreement requires a Performance Bond/Payment Bond and then requires the Developer to provide a separate bond in the City's name. Hennings stated that it appears as though the requirement is duplication. Bettendorf stated that if the City is listed as a dual oblige on the performance and payment bond a separate bond would not be required. Hennings questioned the payment of the Park Dedication fee and if it could be paid in two installments. Weyrens stated that she has discussed this request with Jim Sand and the issue became what happens Draft August 5, 2004 Page 7 of 8 . to the dedication fee if the multiple family portion is not developed. The matter has been resolved by including language in the Agreement that allows for the recalculation of the fee if the design is changed. Wick made a motion to approve the Final Plat with all contingencies met along with lighting to be included in the Park Dedication Fee and authorize the Mayor and Administrator to execution the Developer's Agreement. The motion was seconded by Utsch and passed unanimously. MAYOR REPORTS LGA Cuts: Hosch reported that the Governor has agreed to honor the intent of the Legislation regarding LGA and the City will not lose aid in 2005. Before this determination the City was scheduled to lose approximately $ 100,000. Sales Tax: Hosch reported that he and Weyrens are part of a sub committee working on the extension of the one-half cent sales tax. At this time only the City of Waite Park is not participating in the joint venture. COUNCIL REPORTS UTSCH Weed Notices: Utsch questioned whether or not business along Minnesota Street have been notified of violations of the Weed Ordinance. He stated that he has received some complaints and the downtown is starting to look overgrown. Weyrens stated that some letters have been sent out but she is uncertain as to which properties have received notice. Once the notice is sent, the property owner has 10 days to remedy the situation or the City will do so at a rate of $ 60.00 per hour. Doq Issues: Utsch stated that he has been stopped by a few residents who are concerned about people . not cleaning up after their dogs in the Kennedy Park area. He questioned whether a sign could be put up stating that it is a violation if people don't clean up after their dogs and also stating that there is a leash law in the City. He stated that he will discuss this matter with the Police Chief and Park Board. Wobeqon North ParkinQ Lot: Utsch stated that he is concerned with the North parking lot to the Wobegon Welcome Center. Currently, there are no stop signs at the entrance and people are not stopping before exiting the parking lot. In his opinion this is an accident waiting to happen and the City should determine if any safety measures can be implemented to prevent such. Dale and Callawav Street: Utsch stated that Dale and Callaway Street have large potholes and requested the Public Works Department determine if they can be repaired. The area has recently been annexed and the residents are requesting the City complete maintenance on the streets. 4th Avenue NE Sidewalk Request: Utsch questioned the status on the quoting for the sidewalk installation on 4th Avenue NE. Weyrens stated that she will check with the Public Works Director. WICK Park Board: Wick reported the Park Board is in the process of completing the Capital Improvement Plan and the document will include the construction of bathroom facilities at Klinefelter Park and bathroom and shelter facilities at Northland Park. Wick requested authorization to utilize the services of the City Engineer to help locate and design the facilities. Bettendorf will present the Council with an estimate for such services. - - Draft August 5, 2004 Page 8 of 8 RASSIER . Coalition Conference: Rassier stated that he attended the annual summer Coalition of Minnesota Cities Conference in Austin Minnesota and it was very informative. The conference included discussion regarding annexation, transportation and Local Government Aid reductions. RIEKE EDA: Rieke stated that the EDA will be meeting on August 11, 2004 at 3:00 PM and they are still in need of a member. ADMINISTRATOR REPORTS Workers Compensation Premium: Weyrens stated annually the City must determine the deductible for the Workers Compensation Premium. In the past two years the City has not had significant claims and Weyrens recommended that the Council increase the deductible from $ 0.00 per occurrence to $ 1,000 per occurrence. Increasing the deductible will result in a net decrease of the premium. Wick made a motion to increase the Workers Compensation deductible from $ 0 per occurrence to $ 1,000 per occurrence. The motion was seconded by Rieke and passed unanimously. Development Aqreement, Safe Shred: Weyrens stated that the Planning Commission has reviewed the Development Plan for Safe Shred to construct a 12,000 square foot facility. The proposed facility will be constructed in the St. Joseph Business Park with construction beginning this fall. The proposed development meets the requirements of the Ordinance and the only outstanding issue is the extension of utilities. The subject property is a lot that was re-platted after utilities were installed and the lot in question does not have water and sewer services to the property line. The nearest connection is 45' from the property line. This matter will be resolved with the City Engineer. Procedurally the EDA must review the plans and they are scheduled to do so on August 11,2004. However, in an attempt to allow the . developer to begin construction, the Council is being requested to authorize the Development Agreement contingent upon EDA approval. Rassier made a motion to authorizing the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Safe Shred contingent upon EDA approval. The motion was seconded by Rieke and passed unanimously. Upcominq Meetinq Dates: Weyrens reminded the Council of the following meeting dates: · August 12, 2004: The RFP committee will meet to go over the proposals that were received. · August 23,2004: RFP committee will interview those selected and they will make a recommendation to the Council in September. · August 16, 2004: 5:00 PM Bud~et meeting 6:30 PM 2951 /103rd Public Hearing · August 19, 2004: Cloverdale Area Public Hearing · August 25, 2004: 5:30 PM WAC/SAC & Budget meeting Filinq Dates: Weyrens stated that the City elections will be held in conjunction with the General Election on November 2, 2004. Filings for City Offices open on August 24,2004 and end at 5:00 PM, September 7,2004. The City ballot will include the Mayor two Council seats (Rassier and Utsch). Adjourn: Utsch made a motion to adjourn; seconded by Wick and passed unanimously. Judy Weyrens Administrator - - DRAFT August 16, 2004 Page 1 of 2 . Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in special session on Monday August 16, 2004 at 5:00 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. Administrator Judy Weyrens. Others Present: Public Works Director Dick Taufen, Police Chief Pete Jansky. Hosch stated the purpose of the meeting is to discuss the proposed 2005 General Fund Budget. Hosch turned the floor over to Weyrens who presented the first draft of the budget. Weyrens presented the following information: · The proposed budget includes a General Fund Tax Levy of $ 478,291 · The proposed General Fund Budget is $ 1,612,381 · Tax Impact of proposed budget without growth on a $ 150,000 home is estimated to be $ 76.73 · The proposed budget will increase the tax capacity rate approximately 5.115%. This is calculated without growth. Average growth patterns will be reviewed to determine the impact assuming growth. This information will be available at the next budget meeting. · The budget information presented includes a General Fund detailed budget as well as a detailed breakdown by department. · Department Heads are present to discuss the needs of each department. Police Department - Chief Jansky presented the following information regarding the proposed 2004 Police Budget: · The budget for salaries has been increased to cover the cost of the sixth patrol officer. · Health Club dues has been increased in the event the Council considers reimbursing a part of the officers membership fees if they chose to utilize a health club. Jansky stated that he would like to . encourage his officers to utilize those services. · Clothing allowance has also been increased to cover the additional costs of adding an officer. · Travel and Conference has been increased as Jansky is requesting to attend the International Chiefs Conference in Miami Florida. Chief McDermont from Waite Park will also be attending this conference. · The City will need to begin budgeting for conversion of the radio system to a 800mhz system. Public Works - Public Works Director Taufen presented the following information regarding the proposed 2004 Public Works Budget: · The budget does not include the hiring of the next maintenance employee, and the Council will need to determine if they intend to follow the schedule of adding an employee every other year. · Snow Removal is a difficult area to project and the minimal amount has been included. · The Capital Improvement area includes needed equipment. Street Equipment is expensive and budgeted over time. Rassier questioned the scheduling of minor equipment in the Capital area and requested that minor equipment not be budgeted as capital. · The Council needs to establish a seal coating program and begin funding for such. · The Park area of the budget includes bathroom facilities for parks and updating of Centennial Park. Wick stated the Park Board is budgeting for the new bathroom facilities and it is his understanding the Public Works Budget includes the rehabilitation of Centennial Park. · Taufen briefly discussed the water budget and the need to determine the best method for reading meters in the future. The meters are currently read by hand and is time consuming. Taufen stated that alternative systems include radio transmission and use of a telephone line. Rieke questioned if the City could consider something similar to Stearns Electric whereby the consumer reads the meter. Taufen stated that the Cities of Sartell and Sauk Rapids already implement this system. Weyrens stated that alternative methods should be investigated with options presented to the Council at a future meeting. Taufen stated that he would contact MN Rural Water for - suggestions. - DRAFT August 16,2004 Page 2 of 2 Administrator Budget - Administrator Weyrens stated the remaining portion of the budget is included in administration and the following items have been considered: . · The Budget includes increasing the meeting fees for the Council from $ 20 per meeting to $ 35 per meeting. The Planning Commission is already receiving the increased meeting fee. Rieke questioned if all subsidiary boards will be increased to which Weyrens responded that as of this time only the Planning Commission and Council have been under consideration. The Planning Commission has been increased due to the increased work load. The preparation for Planning Meetings is considerable and as the City grows it is more demanding. · The budget includes a contribution to RSVP. Their request is included in the budget packet. · The EDA Budget is also included in the packet and Weyrens referred this matter to Rieke, Chair of the EDA. Rieke stated the EDA had considerable discussion as to when a developer should be charged back time billed by the City Engineer and City Attorney. Hosch stated that this meeting is not a time to discuss that policy and requested to move forward with the budget. Police Officer Hire: Utsch made a motion authorizing the hiring of a patrol officer to begin in 2004 as requested by the Police Chief; seconded by Wick and passed unanimously. Discussion: Weyrens requested the Council establish the hiring committee for the hire to which Rassier and Utsch were appointed as Council Members along with Weyrens and Jansky. The Committee will report back to the Council. It was clarified that the position will be posted internally for all part time officers to apply. Adjourn: Wick made a motion to adjourn at 6:25 PM; seconded by Rassier and passed unanimously. Judy Weyrens Administrator . - - DRAFT August 16,2004 Page 1 of 2 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Monday, August 16, 2004 at 6:30 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf and Tyson Hyjak. Others Present: John Schroeder, Rick Schroeder, Beth Leither, Pat Brannan, Betty Schloemer, Bernie Schloemer, Dan Felix, Randy Broda, Susan Braun, Randy Bunnell, Tom Nieland, Ann Reischl, Rose Ann Homan Public Improvement HearinQ - 295th/1 03rd: Hosch called the Public Hearin~ to order and stated the purpose of the hearing is to consider the ordering of improvements for 295 h Street and 1 03rd Avenue. Hosch turned the floor over to City Engineer Joe Bettendorf. Bettendorf stated that the scope of the project includes the installation of water and sewer lines in 295th Street and 103rd Avenue. The Council is considering the improvements at this time as property north and south of this area are being developed with residential units and if utilities are not installed at this time an island area will be left without services. Bettendorf stated that the development on the north side of 295th is entitled Foxmore Hollow and will be constructed as a private project. The development will begin within 30 days with substantial completion before November 2004. Bettendorf stated that the developer will extend the utilities from County Road 121 to the new street named 2nd Avenue SW. The City will extend the utilities from this point to serve all the property along 295th and 103rd Avenue. The project on the south side of 295th is entitled Morningside Acres and will also be constructed as a private project. The development will begin this fall and should be completed before snowfall. . Morningside Acres includes an east/west road between 103rd Avenue and County Road 121. This road has been named Iverson Street West. The City will use Iverson Street as a detour when the City constructed improvements begin. The Developers Agreement for Morningside Acres requires that Iverson Street be completed on or before June 1, 2005. As stated at previous meetings, one concern of the project is water pressure for four homes along 103rd Street. The water pressure provided will be adequate for fire protection, but to increase individual water pressure, the project will include booster pumps for affected homes. It is the intent of the City to purchase the pumps and provide an allowance for the installation. The installation and maintenance of the pumps will be the responsibility of the property owner. Bettendorf stated that the City has considered the construction of a booster station, but it is cost prohibitive at this time to construct such. When development occurs south of the project area, the booster station will be needed and constructed. Bettendorf discussed the size of the streets and stated that they will be widened to 36'. Typically City streets are constructed with bituminous 16' on each side of the centerline. During the design stage of the project, the impact of trees, driveways and yards will be reviewed before determining the exact width of the road. The project will be designed as a rural street, without curb and gutter. Typically the City requires curb and gutter but when installing services to a developed area it is not aJways feasible, as in this case. Project costs were also discussed at this meeting. The total construction costs are estimated at $704,000. Combined with other costs such as the individual booster stations, contingency costs, engineering costs, and financing, it will add up to a total of approximately $1,022,300. Most of the revenue will come from special assessments, with the City contributing a portion of the street costs and over sizing. The City will pay roughly 40% of the road construction costs. Bettendorf discussed assessment rates as well as connection charges for water and sewer, which are estimated at $4585. - - DRAFT August 16,2004 Page 2 of 2 Mayor Hosch opened the fioor for questions and clarified that the meeting at this time if for the improvement, not the assessment. Therefore he requested those present to limit their questions to the . design of the project. Dan Felix, 10413 295/h Street, questioned the booster pumps and whether or not they have been used in the City before. Bettendorf stated that he does not have a lot of experience with them and that the City has not used them in the past. The individual booster pumps would be located in the basements similar to what is currently used by the residents for their wells. Beth Leither, 10401 295th Street, questioned when the work will be started and where the access points will be located during the construction. Bettendorf stated that the intent is to have Iverson Street West open before any construction is started on 295th. Bettendorf stated that he understands that their may be a need for the contractor to shuttle residents with special needs to their home during construction. The contractor will be required to backdrop during construction so that one lane is open. However, their will be times during the day when access is not available. Their being no one further to comment, the public hearing was closed. Utsch questioned Bettendorf as to the timeline for the project. Bettendorf stated that he anticipates completing the plans by the end of November and then requesting the Council to authorize the bidding of the project in December. Hosch told those present that the improvements will include additional meetings. Bettendorf stated that if it is the intent of the Council involve the neighborhood in the design stage of the project, a meeting should be established when the plans are 50 to 75% complete. Changes would be easier and less costly to make before the design is complete. . Utsch made a motion authorizing execution of the Resolution Ordering the Improvements for 295th and 103rd Avenue. The motion was seconded by Rassier and passed unanimously. Adjourn: Wick made a motion to adjourn; seconded by Utsch and passed unanimously. Judy Weyrens Administrator - - DRAFT August 25, 2004 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session .. on Wednesday, August 25,2004 at 5:30 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Ross Rieke, Dale Wck. Administrator Judy Weyrens. Others Present: Public Works Director Dick Taufen, Wastewater Operator Jim Marthaler, Police Chief Pete Jansky, City Engineer Joe Bettendorf, Bond Counsel Monte Eastvold. FinancinQ - Water Filtration Plant: Monte Eastvold of Northland Securities presented the Council with financing options for the proposed water filtration plant. The Council has previously discussed the size of the plant and requested financing options on both a 1.5 million gallon per day (MGD) facility and a 2.0 MGD Facility. Eastvold presented the following information: Financing - 2.0 MGC Facility 20 Year 25 Year Issue Issue Total Cost $ 5,530,700 $ 5,530,700 Issuance Expenses 119.300 119.300 Total Bond $ 5,650,000 5,650,009 Revenue Sources (Annual Requirements) Utility Trunk $ 400,000 390,000 Water Rates 64.000 30.000 $ 464,000 420,000 . Financing - 1.5 MGD Facility 20 Year 25 Year Issue Issue Total Cost ~ $ 4,337,206 $ 4,337,206 Issuance Expenses 104,175 104,175 Total Bond $ 4,440,000 4,440,000 Revenue Sources (Annual Requirements) Utility Trunk $ 335,000 330,000 Water Rates 33.000 0 $ 368,000 330,000 Weyrens stated that in preparation of the budget and in light of the need to increase treatment capacity, the Building Official contacted the developers building in St. Joseph to question projected building activity for 2005. Based on those discussions, it is estimated that 200 homes will be constructed in 2005. If the water access fee (WAC) remains constant, the new homes will generate $ 400,000 in fees. These payments would cover the required funding source for the filtration facility. However, Weyrens stated that WAC fees are needed to cover other debt and designating the full receipts to one project is not realistic. Weyrens also presented the Council with a water rate comparison of the area Cities and a schedule indicating proposed rate increases. One of the proposed financing scenarios includes additional water revenue of $ 64,000. Based on current trends, the rates would need to be increased .25 per 100 cubic feet to meet the requirement. This increase does not allow for rising costs of operating a water system. Weyrens and Bettendorf stated that they have discussed different methods of increasing rates which included the following: increasing the minimum rate; charging a higher rate for cubic feet over a . designated number (such as 1200 cubic feet); increasing the current rate structure a constant number. Bettendorf stated that changing the rate structure increasing the fee for users over a designated usage DRAFT August 25, 2004 Page 2 of 4 promotes conservation and charges the user taxing the system a greater portion of the expenditure. Taufen questioned what impact the increasing fee would have on high water users such as the St. · Joseph Meat Market. It was clarified that the proposal is not to discourage business or create hardships. The Council spent considerable time discussing the size of facility that should be constructed. Discussion included the following: · Whether or not building a 2.0 MGD Facility was overbuilding and does it create harm to a system that sits idle or not used to capacity. · While the Bond issue is projected to be spread over a 20 to 25 year time span, the bond is callable in 2012 and if sufficient funds are available the issue can be called. If growth occurs at a higher rate than anticipated, sufficient funds should be available for the expansion. · If the facility is downsized to a 1.5 MGD, expansion will be readily available and when it is expanded, the 2.0 or 3.5 MGD Facility will be the same facility as if it were originally built that same size. · Dependency on the economy for revenue sources. While those present agreed that St. Joseph is experiencing considerable growth, that could change if the housing market changes. The Council by consensus agreed that in an ideal world, the City should construct the 2.0 MGD Facility and finance the construction for 20 years. The City has received numerous requests for development and growth is immanent. However, if the housing market slows down or crashes, the City will not have the required revenue sources to retire the debt. Conversely, if rapid growth continues, the City will have the funds available for expansion as it is needed. Bettendorf assured the Council the facility will be constructed in such a manner that expansion can be constructed economically and efficiently. When the expanded facility is completed in the future, it will look and function in the same manner as if it were built as one structure. The Council agreed to construct the facility to treat 1.5 MGD and finance the project for a 20 year period. Commercial/Industrial Water/SeweLAccess Fee: Weyrens stated the Council needs to formalize the · methodology for calculating WAC and SAC fees for Commercial and Industrial developments. Previously the Council considered implementation of-the MET Council's schedule, where access fees are determined on water consumption using industry standards. When it was presented the first time, the EDA and Council questioned the fee for Warehousing and Restaurants. Weyrens presented the Council with an illustration of the water usage of VIC West Steel, a warehousing operation. Based on the existing policy, Vic West was charged one access fee and based on the actual water use they should have been charged five. Basing the fee on the revised MET Council policy, 6.7 fees would have been applied. As a result of this analysis, the fee for industrial has been reduced from 1 unit per 7,000 square feet of warehousing space to 1 unit per 10,000 square feet of office space. Similarly, the fee for a restaurant has been changed from 1 unit per 8 seats to 1 unit per 24 seats. Utsch questioned if the proposed Ordinance is adopted, does the Council have discretion in modifying a specific use. Weyrens responded that the Ordinance gives the Council discretionary authority to modify the parameters of the Ordinance by resolution at any time. Weyrens questioned if any additional changes are requested. Hosch stated that he is not prepared at this time to adopt the WAC/SAC Ordinance and would request to delay action so that he could study the matter further. Utsch stated that the Council has been reviewing this matter for over a year and a decision should be made. Utsch requested that Councilors express their opinion at this time so that the matter can be resolved. Hosch stated that he does not feel comfortable making a decision at this time as it will have a major impact on commercial and industrial development. Wick questioned if the matter should be referred to the EDA for consideration. Rieke stated that the EDA has already reviewed the matter and submitted their comments when the Ordinance presented. Rieke stated that with regard to his opinion on the Ordinance, he believes that the City is in a position to charge a property on actual usage and annually the water should be reviewed and if the consumption indicates · DRAFT August 25, 2004 Page 3 of 4 . an increase in water use, they should be billed. Rieke stated that he will be voting nay on the Ordinance Amendment as he believes the fee should be based on actual usage. Rassier stated that he concurs with Utsch. The City has reviewed this matter many times and it needs to come to resolution. He agreed that the matter should be placed on the next agenda and if anyone has concerns they should be relayed to the City Offices for consideration. Eastvold stated that he is aware that the City has a number of projects under consideration and discussed the bonding limits. He recommended that if the City does in fact have bonding needs in excess of 10 Million in 2005, that one of the projects should be funded in 2004. By financing one project this year, the City will have ample bonding capability. Hosch stated that he will not support bonding this year for the water plant as he does not see the City issuing 1 0 Million in debt. After discussion the Council agreed to review this matter if a need arises. Water / Sewer Rates: Weyrens stated that the City will need to build a filtration facility and the Council should consider increasing the rates to begin the revenue source needed to retire the debt. The rates have not been increased for four (4) years and a new rate schedule should be adopted and implemented. The Council at this time should determine the starting rate increase and then review a schedule from that point. Rassier made a motion to increase the water and sewer rates approximately 7%. Effective September 1, 2004 the water rates will be billed at $ 1.45 per 100 cubic foot of water and sewer rates $1.50 per 100 cubic feet. The motion was seconded by Rieke and passed unanimously. 2005 Proposed BudQet: Weyrens presented the Council with a revised proposed 2005 General Fund Budget. The information includes a projected tax impact based on historical growth of the City. In 2004 the City experienced an 18% growth increase and a 14% growth increase in 2003. Therefore, if growth is consistent with past history, the proposed budget will actually result in a decreased tax capacity rate. Weyrens stated that the budget is still in need of revisions and the capital improvement plan is not ready . for approval. Rassier questioned if the proposed budget includes all the capital requests of the departments. Weyrens responded that it does not. Hosch stated that he does not support the budget as presented as the levy is increased over $ 100,000. He stated that he would like an opportunity to review the budget in detail in hopes of finding a way to reduce the levy. Hosch further stated that he will not support a budget that results in increased taxes. Rieke stated that it is his understanding that the budget has been limited in the past and has not kept in line with the growth. If the City can prepare a budget that is more representative of the needs without a significant impact, that is what should be approved. Hosch left the meeting at 7:20 PM. Rassier stated that it is his opinion that all capital improvement requests be included in the budget and determine what impact the budget would have on the tax capacity. The Council could then decide which items will receive funding. Weyrens stated that the City is in the process of adopting a Capital Improvement Plan, which will incorporate all Capital requests for the next five year period. That document will be a part of the budget process and will be completed shortly. Taufen stated that the Council will need to determine the fate of the former City Hall. The building is in dire need of maintenance and/or repair. The siding is in bad shape and the City should either paint the facility or install vinyl siding. Taufen also requested the Council consider boarding the windows as they are not in good shape. The Sentence to Serve Program will provide labor services for painting the facility and the City would be responsible for all the supplies and scaffolding. Taufen estimated the paint and miscellaneous materials, including boarding the windows, to be approximately $ 1,000.00. Taufen also stated that he has been approached by the historical society that they are looking for space and are interested in the facility. Rassier made a motion authorizing Taufen a budget of $ 1,000 to paint and board the windows at the former City Hall, utilizing the labor services of the Sentence to Serve - Program. The motion was seconded by Wick and passed unanimously by those present. - DRAFT August25,2004 Page 4 of 4 Adjourn: Wick made a motion to adjourn at 6:45 PM; seconded by Rassier and passed unanimously by those present. . Judy Weyrens Administrator . - - · I Attachment:, ~ or No I REQUEST FOR COUNCIL ACTION CONSENT 3(C) DATE: September 2~ 2004 Administation ORIGINATING D'EP ARTMENT DEPARTMENT APPROVAL AGENDA ITEM Liquor License - Stonehouse Tavern & Eatery LLC PREVIOUS ACTION N/A · RECOMMENDED BOARD ACTION Approval of On-Sale Intoxicating and Special Sunday Liquor Licenses FISCAL IMP ACT N/A COMMENTS/RECOMMENDATIONS The required background investigations ofthe partners named in the application have resulted in favorable reports. The completed application fonns and the required certificates of insurance have been received and will be forwarded to the Alcohol and Gambling Enforcement Division upon your approval. · Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, S1. Paul, MN 55101-5133 Telephone 651-296-6979 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License. 3.2% Liquor license. or Sundav Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor License 5.J, 'J"'D6e.~LicensePeriOdFrom: ìD! I J v·L¡ To: (;/5(/ /tiI Circle one~ L~ License Transfer Suspension Revocation Cancel . (former licensee name) ·(Give dates) ~ <funda;L~ License type:(circ1e an that apply) On Sale Intoxicating 3.2% On sale 3.2% Off Sale Fee(s): On Sale License fee:$ 17 2 . Sunday License fee: $ ¡Go 3.2% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name:S-- ~~/¡veAf q €JJ. ~ LLC DOB Social Security # (corporation, partnership, LLC, diVldual) . ~~' <'Í . L~C 1F.. . Busmess Trade Name . ' 'u8<--- ( {j.¡,p.rlr¡ d ~ Busmess Address '7 qJo {~/HI 7~ £ CIty Si-· '} o"efl' Zip COdeÇ, ~7 L{ County 5* a r 11 S Business Phone 3 2..0 ~ 2 '7 J - 2Soc> Home Phone 52~;'- ,-Y- g:Ç ~ 2.Þ sS Home Address..2.0 ~\ q ~Y1lci Tr~ J CityÚ-rc:y t:4-j/<r Licensee's MN Tax ID # 7/57515 . "Lv .-, 7 r/l Ð ét ( (To Apply call 651-296-6181) ensee's Federal Tax ID # {) D L.' , (To apply call 651-290-3905) If above named licensee is a corporation~ partnership, or LLC, complete the following for each partner/officer: Sor€-V-- ? Clu, I pe'frek .. 3/3D )blf ' sløh~f/I-2Zbb ,10'8$1 ~t&_'n,,-, I 6"[J L~ fIð.t partner/oicer Name (F~~iddle Last) DOB Soc:ial Security # 5"'b~ Home Address . ..,... ( C ct.eL J. c!, 6-v~\.V/¡.ttt.l .s ¿.¡ 7D 5 ~ K ~ /3 bl..( res (4v--4'-$'J..e Vf'· S r: (Partner/Officer Name (First Middle Last) DOB Social Security # S+ ~ L 1:). ){dcJM te $''¿ S bl.f. orne ess Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes@ During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: (If} k..;.}ì ,'1 e.v.~ ÍJúk..1L- Policy # wc¡5Jb4 51- 21 I Certify that this licensees) has been approved in an official meeting by the governing body ofthe city or county. City Clerk or County Auditor Signature Date (title) & Sale Intoxicating liquor licensees must also purchase a $20 Ret~er Buyers Card. To obtain the application for the Buyers Card, please call 651-215-6209, or visit our website at ,,,,ww.dps.state.mn.us. (Form 9011-2004) . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION \ :3 Cdj . DATE: August 26. 2004 Engineering Joseph R. Bettendorf, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2003 Northland Plat 7 Application for Payment No.7 PREVIOUS ACTION None. . RECOMMENDED COUNCIL ACTION Approve for payment. FISCAL IMPACT $19,927.75. COMMENTS/RECOMMENDATIONS None. X:\Slstjoe\comrnon\D39 Req Council Ac!ion\0310 pm!5-0I2604.doc . 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Q) E 'O.!: >- Q) Q) -Il[). IO' 1-00' ,I- . . .!: 0 .-= OJ.!: .C\JI- W.I- -l[) l- e.. « U) a: 0 I- .;: .8 3: ~ -5 I- a: C\J U) U) CL U) 0 C\J CL U) a: CZ o -a: c LL. a:J ill ill Z 0 ê5 ., (/) c C. o . .' :æ: a: 0 Z - Z I- > ill 0 ill ill C !;;;: ta:~a:!:ill ~ :æ: ~ U ill ill a: "'" ~....J ~ ...J - :æ: 0 :J .., I- "'" ""'ctZ ct :æ: 0 a: e.. 0 ~ Z I-ill .:æ: I- ct I- III U e.. e.. a: ;> 0 _ ::;¡, 0 ::r: 0 ::;¡ ill e.. ct e.. 0 U (/)¡ I- U I- (/) a: ct I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION . 3(~.-) . DATE: Au~ust 26,2004 Engineering. Joseph R. Bettendorf, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2004 Callaway Street Improvements Application for Payment No.1 PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Approve for payment. . FISCAL IMPACT $155,985.44. COMMENTSIRECOMMENDATIONS See cover letter. X:\Slstjoe\common\D39 Req Council Ac!Ïon\0404 pmt 1-082604.doc . Jt.. SEH · August 26, 2004 RE: St. Joseph, Minnesota 2004 Callaway Street Improvements SEH No. A-STJOE 0404 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No. 1 for this project. We reviewed this application and it appears to be in order. The application has been forwarded to the Contractor for signature and the signed originals will be available prior to the September 2nd City · Council meeting. I would like to bring to your attention that the actual quantities exceeded the planned contract quantity on two items. The cost increase for Item No. 17 Select Granular Borrow is $9,520.00. This was due to excessive topsoil depth encountered during excavation of the roadway which required granular borrow material for sub grade correction. Item No. 18 Aggregate Base Class 5 exceeded planned quantity due to a staking error made by SEH. The resulting cost increase due to the staking error is $2,251.20 and will be covered by SEH. Based on the estimated cost to complete this project, the final project cost will be less than the original total estimated cost of $306,098, which includes construction, engineering, and financing. If you have any questions, please feel free to call us. Sincerep, ,-, / J / --I J/ í /Žâ,ijy /{/"------- ''-'"'"__--,. I Tracy Lf'Ekola, PE Project Engineer Enclosure · c: Joe Bettendorf, SEH (w/enclosure) x :\s\sljoe\0404OO\specslAPL-O.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer ! www.sehinc.com I 320.229.4300 I 800.572.0617 ¡ 320.229.4301 fax a:a::t: "It "It 0 ,... 0 0 0 0 0 0 0 0 0 0 0 WOW eo 0 1.0 C! 0 0 0 0 0 0 0 0 0 C\ ZI-CI) ,....0 d ..¡. d tÓ N d d d d N d ~O ,...~ "1.0 .... 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C\I I- UJ )- - )- c:: c:( en CC Z Z Z Z Z f- ~ B 5: ro -£ )- CI: C\I (J) (J) Q.. (J) ü Q.. (J) o 90::c::c::c::c:: C u. mUJUJUJUJUJ UJ Z Ó c:: enCCCCC a o Z g :EO::C::C::C::C:: C Z a ~ .... U wOoooo UJ UJ W c:( U c:( ~UJUJUJUJUJ ~ :E > U UJffio:: ~øøø,," ~ - :E 0 ::¡ ~z"" c:(ZZZZZ ct :E 0 c:: D.. O:>Z )-c:(c:(c:(<(c:( I- muD.. D.. 0::>0 O:I::I::I::I::I: 0 ::¡ UJ D.. ct D..OU I-UUUUU I- en 0:: c:( . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3(g) DATE: September 2, 2004 Administration ORIGI1'~ATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Hazard Mitigation Plan PREVIOUS ACTION None RECON£MENDED COUNCIL ACTION . Accept the Resolution and work with Steams County -to adopt and implement a Hazard Mitigation Plan. FISCAL IIvIP ACT In the event of a disaster, the City would be eligible for funding through FEMA. Development of a Plan is required if the City would ever need assistance through the Grant Program. COMMENTS/RECOMMENDATIONS Accept the resolution as presented, participating in the development of a Hazard Mitigation Plan. RESOLUTION 2004-26 . Participation with Stearns County in Developing a Hazard Mitigation Plan WHEREAS, the Stearns County Emergency Management Department is developing a Hazard Mitigation Plan that will satisfy the requirements of the Disaster Mitigation Act of 2000 and 44CFR 201.6. The plan will identify, analyze and prioritize significant disasters that may impact S1. Joseph. The plan will also outline mitigation strategies to effectively lessen the impacts of those disasters; and WHEREAS, local units of government that wish to receive funding for hazard mitigation projects from the Hazard Mitigation Grant Program will be required (by the Federal Emergency Management Agency) to create or participate in the creation of an approved local hazard mitigation plan satisfying the requirements of the Disaster Mitigation Act of 2000; and WHEREAS, the Stearns County Emergency Management Department will develop a plan that reflects the needs and concerns of the community and the local units of government within the county. In addition, mitigation strategies may need to be implemented at the local level or with cooperation from the local units. To achieve these objectives, local input is an essential element of the planning process. NOW THEREFORE, BE IT RESOLVED that the City of St. Joseph will support the . County's efforts in developing the Hazard Mitigation Plan and will participate in the hazard mitigation planning process by doing the following: 1. Allow County staff to present the draft plan at a board/council meeting; 2. Provide comments and suggestions on the draft plan to ensure that the plan reflects the needs of the local unit. 3. Consider adopting a resolution of support for the final Hazard Mitigation Plan before the County Board of Commissioners adopts the Plan. Adopted this 2nd day of September, 2004. Larry Hosch, Mayor ATTEST: Judy Weyrens Administrator COUNTY OF STEARNS .",. . Emergency Management 807 Courthouse Square' P.O. Box 811 . St. Cloud, MN 56302-0811 Phone: 320-259-3940 E-Mail: marvin.k1ug@co.stearns.mn.us August 16, 2004 RECEIVED AUG 1 7 2004 CITY OF Dear City Clerk: ST. JOSËPH Steams County is nearing completion of a yearlong process to identify potential hazards throughout the county. Hazards like tornadoes, droughts, winter stonns,and hazardous materials spills have been identified. The process also involves developing strategies to reduce or . eliminate the impact of these hazards on our communities. Six weeks ago we held community meetings throughout the county to gather input from municipalities, the public, and other interested persons. We have compiled that information into a draft Hazard Mitigation Plan that can be viewed on the Steams County website at http://www.co.stearns.mn.us/ departments/emergency /hazmitigation. pdf. We". would like . confirmation that.,your city is willing to be included in this plan. Therefore, I am enclosing a letter to the members of your city council briefly explaining the hazard mitigation planning process and requesting the adoption of the enclosed resolution by the council in support of tþe plan. I am requesting you place this resolution on your next council agenda. Normally I would request to present this resolution in person to your council, however with 30 cities in Stearns County it would be very difficult to get to all of them. If you want me to appear at your council meeting, please let me know. If you have any questions, please contact me. Marvin Klug Emergency Management Director MK/kp Enclosure 75-8898 "Affirmative Action / Equal Opportunity Employer" CGU NTY OF STEARNS Emergency Management . 807 Courthouse Square' P.O. Box 811 . St Cloud, MN 56302-0811 Phone: 320-259-3940 E-Mail: marvin.klug@.co.stearns.mn.us August 16, 2004 Dear Council Member, Stearns County is developing a Hazard Mitigation Plan that will satisfy the requirements of the Disaster Mitigation Act of 2000 and 44CFR 201.6. The plan will identify, analyze and prioritize significant hazards in the county and then develop strategies to prevent or lessen the impact that disasters have on people and property. If your city wish to receive future funding for hazard mitigation projects from the Hazard Mitigation Grant Program, you will be required by the Federal Emergency Management Agency to participate in the creation of an approved local hazard mitigation plan satisfying the requirements of the Disaster Mitigation Act of2000. . Mitigation involves keeping homes and businesses out of floodplains, anchoring and blocking . manufactured homes to better withstand high winds, building safe rooms in structures for profection from tornadoes, enforcing building and fire codes to protect people and property from disasters, and more. Steams County has been working on this plan since October of 2003. Some of you have already been involved in the planning process by attending our planning sessions. We are now at the point of developing a final draft to be sent to the Federal Emergency Management Agency for their approval. In order to ensure our plan comprehensively covers all possible disaster mitigation strategies we request that your city assist us in our goal to make your community disaster resistant by signing on as partners with Stearns County. You can do this by adopting the enclosed resolution agreeing to be a part of the planning process. This resolution in no way commits your city to any financial obligation. Thank you for your consideration. If you have any questions, be sure to call 320-259-3940. Please return the signed resolution to: Charlie Gallagher Stearns County Emergency Management PO Box 811 St. Cloud, MN 56302 "875·8898 "Affirmative Action / Equal Opportunity Employer" . I AttaChme~NO I REQUEST FOR COUNCIL ACTION DATE: September 2, 2004 Parks Dept ORIGINATING DEPARTMENT AGENDA ITEM Capital Equipment Request PREVIOUS ACTION . RECOMMENDED BOARD ACTION Authorize the expenditure $12,493.25 - FISCAL IMP ACT $12,493.25 Expended from Park Equipment Fund COMMENTS/RECOMMENDATIONS This expenditure is a yearly transaction on updating lawn equipment. This unit has given us some problems and we feel it is time to trade it off. See attached proposal. We had three quotes and this was the lowest. :13202521933 Aug. 25 2004 01:08PM P2 FROM :RUDOLPH'S FAX NO. Prepared For Mike SWorski Prepared By DOUGLA5 A EA$TERLUND . Equipment Name: John Deere 5220 TRACTOR 45 HP .~-~. 20,4 . 78.00 --, . -.-" 677 .o~ ~ ... . -.. , __,'_.0_-- . .- ~,' 1.288.0~ 1i 182.0 1 "'-.~ -* 951.0 I ·d. .- 271.00' ...'" 745. -- --' : 3Õ,787.0 . 'Î E .ß,ï~ . . -~_.. .._-.. ! ." '2 ,616.00, Trade·in: John Deere 4400 TRACTOR Model Year; 1999 Serial Number: L V4400H241 095 Equipment Hours: 1015 f~:·: -.:~<~Ctr.r.. O~I'£-.-;"~·,:·~:~I·~:.·:4-1!!·::O~0-~~CUT MFWD,·:c.:~·JWiI!I"",!,," ~~. . 6 Mid PTO. SCV }--- ~ , "'--r-'-1~ 72" Mid Mount Mower LV0072A2721Ò9- -1------====1-= --:r;3õ .O~ ' -- otal -----.-.. 11,000.0 ' _'__'. .__" -u._·.__...._.. ---._~ '-.......-' Total Sale$person: ><..-_~______~ Accepted ay: X~______ Rudolph's Inc. is committed to your complete satisfaction before, during and after the sale. This quote is subject to equipment availability and manager approval. Additional Comments These are State contract (#432213) prices ~ State's Cooperative Purchase Venture (CPV) Quote Expires: Sep 18,2004 . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Field Street Corridor -Consultant Hire DATE: September 2, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Field Street Corridor - Consultant Hire PREVIOUS ACTION The Council previously advertised for proposals to complete the Field Street Study Corridor. While 17 packets were requested, only four firms submitted an application. To expedite the process the Council established a sub-committee to review the proposals and make a recommendation to the City Council. The sub committee consisted of Al Rassier, Gary Utsch, Dick Taufen, Joe Bettendorf, Scott Merick and . Judy Weyrens. RECOMMENDED COUNCIL ACTION Accept the recommendation of the sub committee and authorize the execution of a contract between the City ofSt. Joseph and WSB to complete the Field Street Study, with a contract price of$ 154,995.74 with alternatives of $ 43,217.08. FISCAL IMPACT The City has received funding in the amount of$ 159,000 of which $ 56,000 is the responsibility of the City. COMMENTS/RECOMMENDATIONS With the help of Scott Merick of the St. Cloud Area Planning Organization, the sub committee identified two firms to interview - Bonestroo at a cost of$ 144,000 and WSB at a cost of$ 188,000. Copies of both proposals are available for review in the City Offices. For the purpose of the Council packet only the work plan portion of the document for WSB has been provided. While both firms are very capable of providing the service, WSB appeared to have more experience in the type of work that is needed and has innovative ideas. The sub committee was instructed not to look at the - cost of the service but first determine which firm could meet the needs and challenges the best. The secondary review included the cost of the project. After the committee agreed that WSB was the firm of choice, I contacted Doug Weiszhaar to see if the project price could be lowered without compromising . the service. The fee structure is set so that only those services used are billed. For example, if the project does not require 206 hours for the official mapping only those hours are billed. So when WSB was asked to review their projected costs, they added options as to what may be able to be reduced. The contract language has been included in your packet and will be completed by City Staff. This should be ready for Thursday evening. . - .. B.A. Mittelsteadt, PE. 606 25 th Ave. S. · Suite 101 Bret A. Weiss, PE. WSB St. Cloud, MN 56301 Peter R. Willenbring, PE. Donald W Sterna, PE. --- 320-252-4900 Ronald B. Bray, P.E. . FAX 252-3100 &Associates, Inc. August 26, 2004 Ms. Judy Weyrens City Administrator/Contract Administrator City of S1. Joseph 25 College A venue North PO Box 668 S1. Joseph, MN 56374-0668 RE: Field Street Corridor Study Dear Ms. Weyrens: WSB is asking to resubmit a portion of the Field Street Corridor Study Proposal. WSB has revised Section 5, Detailed Work Plan, and the Estimate of Cost Sheet. WSB has considered the absolute need at the outset of the project for various work items in the . Special Studies task. At this point, prior to the start ofthis corridor study, it is not certain that there will be a need for Traffic Noise Analysis, Wetlands Evaluations and Land UseNisual and Aesthetics Evah,!ations. In addition, it may not be necessary to include the ArticlesINewsletter work item as outlined in the Agency/Public Involvement task. Subsequently, WSB has revised Section 5, Detailed Work Plan by showing the above referenced work items as optional tasks. None of these tasks will be undertaken, unless determined ,necessary by the TechnicalAdvisory Committee and the City ofS1. Joseph, and then only after receiving written notice from the City to proceed on a specific optional task. The total estimated cost for this revised work plan is $154,995.74. There are now six optional tasks identified at a cost, if all were to be authorized, of $43,217.08. If there are any questions pertaining to this resubmittal or the proposal as a whole, please contact me. Thank you again for this opportunity to propose on the Field Street Corridor Study. Sincerely, WSB & Associates, Inc. Enclosure - Minneapolis . St. C è:\fJ:JctllenJand Settillgs\DAndrews\DesktoplSt. Joe Ltr.doc Infrastrncture Engineers Planners EQUAL OPPORTUNITY EMPLOYER 5. DETAILED \VORK PLAN . DETAILED WORK PLAN In order to achieve the project goals, the WSB Team proposes the following work plan. The associated time and cost associated with each of the tasks as listed below are included in cost submittal, which is submitted separately. The deliverable due date for each task is illustrated on the Schedule at the end of this section. Task 1: Data Collection Available data will be collected from Steams County, City of St. Joseph, St. Cloud APO, Mn/DNR, MPCA, Sauk River Watershed Districts, and Mn/DOT, as necessary, to complete the Concept Layouts and Environmental Assessment (EA). Data collected would include, but would not be limited to: · Current Aerial Photos for Area · Available Contour Mapping from the City ofSt. Joseph · Steams County Parcel Maps · As-Builts for existing Roadways · Steams County Soils Survey · DNR Protected Waters and Wetlands Maps · National Wetland Inventory · Sauk Watershed District Data · City Land Use and Transportation Comprehensive Plans . · Field Street Corridor Study · S1. Cloud APO Plans · Existing Transit Service Maps · MPCA Contaminated Properties Database WSB proposes to use existing aerial mapping for the development of the concept layouts. The City has indicated that they have current Aerial Photography with two foot contours that can be used to identify physical features and the County's parcel maps can be overlayed to determine potential right-of-way impacts. WSB would supplement the existing information with some ground surveys if necessary using GPS. Key Personnel: Principal - 2 hours Sf. Engineer - 4 hours Project Engineer - 12 hours Sr. Tech/Graduate Engineer - 8 hours Survey Crew - 40 hours Engineering Tech/Clerical- 32 hours - 23 City of St. Joseph - City d FieJd Corridor Study St. Joseph August 6, 2004 - 069-040 5. DETAILED \VORK PLAN Task 2: Document Purpose The purpose of this task is to document the purpose and need for the and Need project. This would include analysis and documentation ofthe existing traffic conditions and preparation of no-build traffic forecasts and an operations analysis of key roadways in the study area based on the no-build traffic forecasts. The primary focus ofthe analysis would be on CSAH 2 and the major intersections on CSAH 2 in the City of St. Joseph. The analysis would also include documentation of crash rates on CSAH 2 and an estimate of crashes that may be eliminated with the proposed project. The traffic forecasts would be developed using the St. Cloud APO travel model. Traffic counts will be conducted at three or four key intersections to determine existing peak hour turning movements. Key Personnel: Principal- 4 hours Sr. Engineer - 4 hours Project Engineer - 4 hours Sr. Tech/Graduate Engineer - 80 hours Engineering Tech/Clerical- 24 hours Task 3: Alternative The purpose of this task is to identify and document the full range of .denti~cationand alternatives that might address the project purpose and need. Traffic creemng , forecasts will be prepared for each of the alternatives to document 1 the potential impact on traffic volumes on the other key study area roadways. This analysis would include consideration of a new access to 1-94 as well as an improved connection to TH 23 and the potential impact that they would have on the traffic forecasts. The conclusion of this task would be the confirmation of up to three alternatives that would be developed and evaluated in more detail. Key Personnel: Principal- 4 hours Sr. Engineer - 4 hours Project Engineer - 40 hours Sr. Tech/Graduate Engineer - 80 hours Engineering Tech/Clerical- 24 hours Task 4: Concept Layouts WSB will develop concept layouts for up to three alternatives that are identified in Task 3. The concept layouts would include a plan view (horizontal alignment), profile (vertical alignment) and preliminary construction limits. The layouts would be done for individual project segments. It is possible that some roadway segments will be common to all of the alternatives. The layouts would address the location of access points, identify turn lanes and would also include any frontage roads if needed. ~ City of St. Joseph City of 24 Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED "'ORK PLA]\ . Design Criteria would be developed for each segment prior to the development of the concept layout. The criteria would identify design speeds, maximum grades, lane widths, number of lanes, need for shoulders, on-street parking, urban or rural section, etc. The design criteria for each segment would be reviewed with the appropriate agencies and approval requested before the concept layouts were developed. Construction cost estimates will be developed for each of the layouts. Key Personnel: Principal - 4 hours Sr. Engineer - 20 hours Project Engineer - 44 hours Sr. Tech/Graduate Engineer - 104 hours Engineering Tech/Clerical- 248 hours Task 5: Environmental Special studies will be conducted for the major environmental issues Analysis and Special that require technical analyses. WSB anticipates special studies for Studies the following issues. Traffic Noise (Optional) -This study would focus on traffic noise in . residential areas adjacent to segments of the proposed improvements and in the area of the St. Benedict Monastery. WSB would model the noise in these areas utilizing MnlDOT approved noise modeling software. Contaminated Properties or Materials - WSB will order a data base search of underground storage tanks, generators of hazardous materials, known spills, and clean up sites to determine whether there are any properties that have the potential for contaminated soils or groundwater. Environmental Justice - This analysis will determine the presence of any low income or minority populations within the limits of the area affected by the project. If there are any low income or minority populations present, the analysis will determine if there are high or adverse impacts which impact these populations and if so, whether they fall disproportionately on low income or minority populationso Parks and Recreation 4(1), 6 (I) (Optional) - Any known park or cultural resource that could be impacted by the alternatives will be ~ 25 City of St. Joseph ~ 8ity d Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED WORK PLAN identified. The St. Benedict Monastery may qualify as a 4(f) property because of its historic value. Right-of-Way and Relocation - The amount (number of acres) of right-of-way needed for each road segment will be determined and the number of families, residents and busmesses that would have to be relocated identified. A relocation study will be conducted to determine the availability of properties for relocation of people or businesses. Cultural Resources - WSB will prepare a letter requesting Mn/DOT Cultural Resource Group review of the proposed alternatives to identify the potential presence of historical or archaeological sites. Wetlands (Optional)- WSB will review the alignments to determine the potential presence of wetlands that could be impacted by the project. Wetlands within the alternative alignments for the project will be delineated based on the 1987 Manual for Delineating and Identifving Jurisdictional Wetlands. This will include flagging the . wetland boundaries in the field, surveying the delineation, and preparing a figure that shows the wetland delineation. A wetland delineation report will be prepared ~hat discusses the methods used to delineate the wetlands, a review of background data including soils maps, DNR Protected Waters Maps, the National Wetland Inventory, and climatological data. This report will also include a summary of delineated wetlands, a discussion of regulatory issues, and provide the data sheets developed in the field. The wetland delineation will be reviewed in the field with Steams County Environmental Services (the Local Government Unit for the Wetland Conservation Act) and the US Corps of Engineers Project Manager. Storm water Runoff-The impact of each project on stormwater runoff would be determined. Potential pond locations would be identified if stormwater ponds are appropriate. The impact on the CR 121 storm sewer system will be documented. Cost Benefit Analysis (Optional) - Total project costs will be estimated for each alternative. These costs will include construction costs, right-of-way costs and design and construction administration. A contingency will be included, along with adjustments to inflate the ~ cost to the year of expenditure. The costs will be broken out for the ~ 26 City of St. Joseph City of Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED \VORK PLAN . different components of the project, such as the roadway, bridge and right-of-way so that the net present cost can be determined for each component based on the future salvage value. The user benefits will also be determined for each alternative. The user benefits will be based on the vehicle miles of travel, vehicle hours of travel, and accident projects for each alternative. WSB will utilize a spreadsheet developed by the Mn/DOT Office of Investment Management to conduct the Cost Benefit Analysis. Social and Economic Analysis - This study will determine potential impacts on community facilities and services, as well as the impact on community cohesion. It will also look at issues as induced or accelerated commercial or residential growth, removal of properties from tax rolls, relocation within other taxing districts, and impacts to business Visual and Aesthetics (Optional) - This analysis will have a strong focus on the visual impact of the various alternatives on the affect on views from neighborhoods and from the St. Benedict Monastery. The project will evaluate the opportunities to provide urban design treatments that may be included as part ofthe project to create a . positive aesthetic environment. Hoisington Koegler Group will prepare this study. Technical memoranda will be prepared for each of the above issues documenting the methodology and results. A summary matrix will be developed summarizing the impacts for each alternative. The summary matrix will focus on the issues where there is a difference among the alternatives and may include issues such as threatened or endangered species that are not the subject of special studies. The summary matrix will be used to help decision makers select a preferred alternative. The environmental assessment document will be simplified if it can be written for a preferred alternative, However, if a preferred alternative cannot be identified at this point in the process, the Environmental Assessment may be written for more than one alternative. Key Personnel: Principal - 18 hours Sr. Engineer - 44 hours Project Engineer - 211 hours Sr. Tech/Graduate Engineer - 200 hours Engineering Tech/Clerical- 81 hours - 27 City of St. Joseph - City :f Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED WORK PLAN Task 6: Environmental WSB & Associates will prepare the EA for submission to Mn/DOT Assessment Preparation State Aid and FHW A for review and approval. The EA will contain the following sections: A.Report Purpose This section discusses how the EA fits into the broader project development context. B. Project Description The project description explains what is now in place and what changes are proposed. The SP number will appear on the cover, along with project limits and other information about type of work, fund source, and Mn/DOT District. The location and project limits will be established. The length in miles will be included, as well as an area map to identify the location. Affected communities will be noted. The system relationship of this project element to the overall transportation system can be established in this section or in the need section. . C. Cost and Funding Source The cost and source of funds will be included. The particular funding program( s) and year will be identified. If local funding or special funding is to be used, this will be -identified. D. Schedule and Project Manager The anticipated schedule of major activities will be identified. Past dates of completed key activities will be precise, while other future activities may be more general. The project manager will be identified by name, address, and telephone number. Key activities typically include reports, meetings, and/or public hearings, detail design, RIW acquisition, letting, open traffic date and any other significant activities, past or planned. E. Need for Project This section will explain why the project is needed. The critical deficiencies of the major section and project will be documented in this section. F. Alternatives The Alternatives Section is designed to assess logical alternative means of meeting the needs of the EA. A "No Build" alternative - must be included as a basis for comparison. The build alternatives - CÜy of St. Joseph City of 28 Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED '\:ORK PLAN . will be reasonable options that have been or are still being considered. Enough description will be given to establish how they differ. The EA will identify the point in project development where a preferred alternative will be selected (prior to the submission of the FONSI) if the EA does not specify a preferred alternative. G. Social, Economic and Environmental Impacts (SEE) The SEE effects will be described. Those areas where there is an impact must clearly establish the significance of the effect(s). In order to receive a FONSI, the project must comply with all applicable laws and executive orders. State requirements must also have been complied with (to the extent appropriate at this stage) before a Negative Declaration can be made. These all may bear on the "significance" issue. This section will summarize the results from the special studies and technical analyses identified in the previous section, as well as discussion or analysis of the following issues: . · Access · Air Quality · Erosion Control · Excess Materials · Vegetation · Wildlife · Threatened and Endangered Species · Land Use · Agricultural Lands H. Mitigation If there are SEE impacts, any potential (if no commitment can yet be made) or planned mitigation measures will be identified. Monitoring needs will be established. The mitigation should be reasonable and cost- effective. The mitigation section is highly important as guidance for detail design and later construction. This section will be carried forward and modified as appropriate for inclusion in the Study Report, - 29 City of 81. Joseph - City of Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED WORK PLAN I. Public and Agency Involvement (Comments & Coordination) This section discusses the early coordination which has already occurred or any public involvement that may be planned. The EA may become a vehicle for coordination since it may be sent to various outside and MnlDOT agencies. It may also be used for gathering public reaction or information prior to a public meeting. The agency permit requirements will be discussed. J. Appendices (if any) Analytical information that substantiates an analysis, which is important to the document, will be included. Other information will be incorporated by reference only. Key Personnel: Principal- 16 hours Sr. Engineer - 32 hours Project Engineer - 96 hours Sr. Tech/Graduate Engineer - 40 hours Engineering Tech/Clerical- 16 hours .ask 7: Environmental Copies of the draft EA will be sent to State Aid for review and comment. Assessment Processing The EA is then revised and sent to State Aid, which ensures comments have been addressed adequately. After signing, the document is sent to the FHW A for approval and distribution. The approvedEA will be distributed to the State EA W distribution list, which includes state and federal agencies. WSB would handle the local circulation. Under the federal process, the EA does not have to be circulated for comments but should be available for public review. Either an opportunity for a public hearing or a public hearing is required for the federal requirement. The EA must be available at least 30 days prior to the hearing. A fmal decision on the EA cannot be made until 30 days after the notice of availability of the EA. Key Personnel: Principal- 2 hours Sr. Engineer - 8 hours Project Engineer - 24 hours Sr. Tech/Graduate Engineer - 32 hours Engineering Tech/Clerical- 4 hours - - City of 30 City of St. Joseph Field Corridor Study St. Joseph August 6, 2004 069-040 5. DET AILED 'VORK PLAN . Task 8: Finding of No Following a 30-day review and comment period, the EA will be revised or Significant Impacts rewritten as necessary, including responses to any comments received on the EA or at the public hearing and a recommendation that a FONSI be prepared. WSB will prepare the request for a FONSI based on the EA and any comments received on the report or through public or agency involvement. The request for FONSI will also indicate which alternative has been selected for further development and why. WSB will also prepare a Finding of Fact for the Negative Declaration. Key Personnel: Principal - 2 hours Sr. Engineer - 8 hours Project Engineer - 24 hours Sr. Tech/Graduate Engineer - 32 hours Engineering Tech/C1erica1- 4 hours Task 9: Official Map WSB will prepare an official map for the preferred alternative. The official map would identify the parcels where right-of-way is required for the project. The right-of-way needed from each parcel will be shown on the map and the square footage of the land needed will be shown. WSB will prepare the official map to meet state requirements and will assist the city in the adoption process. Key Personnel: Sr. Engineer - 36 hours . Sr. Tech/Graduate Engineer - 120 hours Survey Crew - 40 Engineering Tech/Clerica1- 8 hours Task 10: Agency/Public WSB will coordinate activities with impacted agencies within the study Involvement corridor. In addition, a public involvement program will be developed that will provide information to potentially affected interest groups and other interested parties along the corridor. This task will also involve preparation of meeting agenda and preparing meeting minutes for each meeting. The following meetings are anticipated to be held as part of this project: · Field Street Corridor Technical Committee (8) · Public Information Meetings (2) · Local Government Meetings (8) - Stearns County (2) - City ofSt. Joseph (2) - St. Joseph Township (2) - St. Cloud APO Board (2) · EA Public Hearing (1) · One on One Property Owner meetings (4) · Newsletter (4) (Optional) - - Citv of 31 City of St. Joseph " Field Corridor Study St. Joseph August 6, 2004 069-040 5. DETAILED \VORK PLAN In addition, WSB will provide articles that the impacted agencies can use for updating the public onthe project. Key Personnel: Principal- 90 hours Sr. Engineer - 74 hours Project Engineer - 108 hours Engineering Tech/Clerical- 4 hours Task 11: Project WSB will prepare monthly progress reports, summarize the major tasks Management completed as percent ofhoufs spent and the percent of professional services time spent to date. These summaries will be submitted with the monthly invoices prepared and submitted to the County. WSB will participate in team meetings and client meetings with the APO and internal WSB staff These meetings will be on an as-needed basis to track the project progress and present findings of the project. Key Personnel: Principal - 6 hours Sr. Engineer - 72 hours Project Engineer - 52 hours . Sr. Tech/Graduate Engineer - 24 hours Engineering Tech/Clerical- 12 hours - Project Schedule The chart on the following page shows the schedule WSB proposes for this project. The chart illustrates the start and end dates of each task. The Request for Proposal indicated six months for completion of the project. Although it may be possible to reach a resolution on the preferred alternative in that time frame, it typically takes a minimum of six months to complete the Environmental Assessment Process. Based on our experience it is desirable to identify the preferred alternative in the Environmental Assessment. This will reduce the complexity ofthe document and the information that needs to be included. Based on the above information, WSB is proposing a 12 month schedule for this project. This will provide time for public input on the alignments and allow a preferred alternative to be identified for the Environmental Assessment. ~ - City 0[81. Joseph City of 32 Field Corridor Study St. Joseph August 6, 2004 069-040 õ , o I ~ I. ~ I ~ - I ~ I : 1 ::> -, co ::> -, >- '" ::E .... ~ « .... '" ::E ~ I ~ ~ I ~ ~ ~ ~: ~ [1:2 ~ ~. .0 ~ ,...., , (/) (/) (/) (/) (/) (/) (/) (/) (/) ~ i~ ~ ~ ~ ~ ~ ~ ~ ~ ~ § ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ex:> ex:> co CD co co o::t o::t 5 ~ L.() L.() o ~ O~ C> ,.,..., i c U ~ I c ~ i Q) , Q) ~ I u _ r-""I == i '0 C/) a¡ r~" ì Q) '0 E ~Ul Q)C Q) I Z ro > r~" I C - ~ 00 ! -g.Q ~ ~~!;~ C/) ~~ ~r-'I; 0:.;::; (/) Z.Q E r-""I U ; C c.. C -=: (/) ....,. 0 :J Q) ; ... Q) -' Q) '-', C> [1:2 :.Q:J '0 0 .- C C U. CL ro !Ü CL - iU' -g .Q ëj) ... c.. '0 C ~ ~ ìQ) - Q) -I - 1:: (/) .E ro C ro J_ C > Cf) ro Q) 00::: ro 00::: 10 Q) :.;::; - c.. u - 0:::;. ..:: ..... ~Iü E ro c.. ro Q) 0 en >-- ~ ~ _.' C Q) .- ... ... Q) ro u u OWl :J ... U U CL CL :J .- C Q) Z¡19 U Q) C Q) 0- .S¿ Q) '-' r~" ~i ro 0 == 0 c.. « « Q) ~ c> e _ ~ ~ ~íO 0 _~ü _~ UJ UJ. _~__ 0 « CL ~ ' I ' : , ' - ; ¡ ~ ~ Q I~ N I'" IV I\() CD r-- ;0) a> ~ ::: , , , .. Work Plan and Estimate of Cost WSB FIELD STREET CORRIDOR STUDY AND EA City of St.Joseph & Associates. Inc. St. Joseph, Minnesota WSB PROPOSAL NO. 069.40 . Estimated Hours Sr. Tech! Engineering Principal Project GradWite Survey Crew Tech Total Sr. Engineer Engineer Engineer 3-rnan Clerical Hours Cost Ta.'.k Descripüon ] DATA COLLECTION 2 4 8 8 8 30 $ 2.061.58 Surveys/Ground Control 4 4 40 24 72 $ 7,172.88 2 DOCUMENT PURPOSE AND NEED 4 4 4 80 24 116 $ 6,219.84 3 ALT IDENTIFICATION & SCREENING 4 4 40 80 24 152 $ 9,199.34 4 CONCEPT LAYOUTS 4 20 44 104 248 420 $ 20.846.50 5 SPECIAL STUDIES Contamìnated Properties I 2 4 8 1 16 $ 1,118.57 Environmental Justice 2 4 8 4 18 $ 1,248.98 Right.of·way and Relocation 2 2 24 32 8 68 $ 4,378.97 Cultural Resources 2 4 4 4 14 $ 1,178.76 Stonn Water Runoff 1 2 32 64 16 115 $ 6.809.22 8<>cial Impact Analysis 4 8 24 8 4 48 $ 3,932.54 Summary Matrix and Evaluation 2 8 40 8 4 62 $ 4,980.89 6 EAÆA W PREPARATION 16 32 96 40 16 200 $ 16,131.46 7 EA PROCESSING 2 8 24 32 4 70 $ 4,860.50 8 EA REQUEST FOR FaNS] 2 8 24 32 4 70 $ 4.860.50 9 OFFICIAL MAP 36 120 40 8 204 $ I 5,629.86 10 AGENCY I PUBLIC INVOLVEMENT Technical Committee Meetings (8) 32 32 4 68 $ 7,213.D1 Public Infonnation Meetings (I) 4 8 8 16 8 44 $ 3.160.08 Local Government Meetings (8) 32 16 16 8 72 $ 7.724.64 . Public Hearings (2) 4 12 8 8 4 36' $ 3,029,66 One on One Meetings (4) 12 18 12 42 $ 4.544.50 MailingslAgendaslMeeting Coord. & Minutes 2 12 24 8 46 $ 3,044.71 ]] PROJECT MANAGEMENT 32 72 4 108 $ 12,148.75 Total Hours ]66 288 448 672 80 437 209] Houri}' Costs 55.00 42.00 33.00 20.00 55.00 15.00 WSB Direct SlIlary Costs $9,]30.00 $]2,096.00 $]4,784.00 $13,440.00 $4,400.00 $6,555.00 $60,405.00 Overhead (1.28%) $11,686.40 $15,482.88 $18,923.52 $17,203.20 $5,632.00 $8.390.40 $77.318.40 Salaries + Overhead $20,8] 6.40 $27,578.88 $33,707.52 $30,643.20 $10,032.00 $]4,945.40 $]37,723.40 Fee (10%) $2.081.64 $2.757.89 $3,370.75 $3.064.32 $1,003.20 $1,494.54 $13.772.34 Salaries + Overhead + Fee $22,898.04 $30,336.77 $37,078.27 $33,707.52 $] ],035.20 $] 6,439.94 $]5],495.74 Direct Expenses EA Reproduction $ 1,500.00 Miscellaneous (Data Requests, Mileage, Postage.) $ 2.000.00 Owner and Encumbrance Reports $ 2.000.00 Total Direct Expenses $3,500.00 ~I ~~~-=,c_; ~~~-;_;;;_,'~ ~_~_':'$' ~_~" ' ~~_,__~=_ , ",.:: ,~,~ "~,-c~.c. ,~',~ -~_"'.., ;,"'-:~~"'~_..~~~;- =--,::.-~~ .,... OPTIONAL TASKS Parks and Recreation 4(1) & 6(1) 2 4 I 64 I 40 I 8 118 $ 8,301.48 Traffic Noise 2 8 I 48 I 32 I 8 98 $ 6,997.32 Wetlands 2 6 I 35 I 40 I 32 115 $ 7,014.88 Land UseNisual and Aesthetics By HKGA Inc. ArticleslNews1etter 4 8 32 4 48 $ 4,] 93.38 Cost Benefit Analysis 2 4 40 8 8 62 $ 4,710.02 T(talHours ]2 30 2]9 ]20 60 44] HOUT{)' Costs 55.00 42.00 33.00 20.00 55.00 15.00 WSB Dired Safary Costs S660.00 $],260.00 $7,227.00 $2,400.00 $900.00 SI2,447.00 Overhead (1.28%) $844.80 $1.612.80 $9.250.56 $3,072.00 $1.152.00 $15,932.16 Salaries + Overhead $],504.80 $2,872.80 $16,477.56 $5,472.00 $2,052.00 $28,379.]6 Fee (10%) $150.48 $287.28 $1.647.76 $547.20 $205.20 $2.837.92 Salaries + O\'erbead + Fee $] ,65S.28 $3,160.08 $] 8,125.32 $6,0]9.20 S2,257.20 S3],2]7.08 Subconsultant Costs - HKGA Ine. S 12,000.00 W.,,"ti1Ø~1îØÞ~~~~.'.~.·~~" ~ c~-::~~~~_,_ :-_;:;~~_:~~~_-__-_ - ~:__~~~~: -:~~~~¥~';:-~-.~~ ~,.~,,"'$!I3ä"!t8! 8/26/2004 CITY OF ST. JOSEPH FŒLD STREET CORRIDOR STUDY PROFESSIONAL AND TECHNICAL SERVICES CONTRACT Date: . Project Identification: A-STJOE 0208.t)1 State Project Number (SP): 233-108-01 Federal Project Number: STPX7306-037 This Contract is between the City of S1. Joseph (City) and [Insert the legal name of the Contractor] Address: [Insert the address of the Contractor] [Corporation, Partnership, or Sole Proprietorship] (Contractor). Recitals 1. Under Minnesota Statutes § 412.221, the City ofS1. Joseph is empowered to make such contracts as may be deemed necessary or desirable to make effective any power possessed by the council. 2. The City is in need of proposals to complete an alternate scoping process, state/federal environmental review, and official mapping for the proposed Field Street new alignment roadway. 3. The Contractor represents that it is duly qualified and agrees to perfonn all services described in this contract to the satisfaction of the City. Contract Special Terms 1 Term of Contract: 1.1 Effective date: The date that all required signatures are obtained by the City. 1.2 Work Completion date: [Insert Date] 1.3 Expiration date: The date when all obligations have been approved. 1.4 Survival terms: The following clauses survive the expiration or termination of this contract: 11. Governing Law, Jurisdiction, and Venue; 22. Audits and Inspections; 23. Government Data Practices and Intellectual Property; 24. Liability; 29. Publicity and Endorsement; and 36. Data Disclosure. 1.5 Exhibits: Exhibits [A] through [B] are attached and incorporated into this Contract. . 2 Scope of Work and DeIiverables: 2.1 The services to be provided and work product created or supplied under this Contract by the Contractor are: 1. Evaluate a no build alternate and up to three (3) build alignment alternates within the corridor. The eastern terminus of the corridor is the southerly extension of 20th Avenue SE. Evaluate the build alignment alternates with a western terminus of Stearns CSAH 2, and also with a western terminus of Steams CR 121. The attached Exhibit A illustrates a generalized map of this corridor and its termini 2. Collect pertinent data within and adjacent to the Corridor necessary to compare the build alignment alternates to the no build alternate. Pertinent data will include, but is not necessary limited to the following: existing and planned land uses, existing and planned roadways and their functional classification, existing and forecasted travel demands, existing topography, sensitive/protected environmental land features and species. 3. Prepare preliminary geometric layouts consistent with Minnesota Department of Transportation (Mn/DOT) State-Aid standards, including profile and typical sections for each alignment alternate. The City will make available to the consultant aerial background mapping with 2-foot contours (based on 1998 flight), Consider sound attenuation features and landscaping options to mitigate the impact of the roadway where it passes through College of S1. Benedict and S1. Benedict Monastery properties. 4. Prepare cost estimates for each alignment alternate based upon developed preliminary designs. 5. Solicit input from, and coordinate with, pertinent federal and state resource agencies regarding the social, economic, and environmental (SEE) impacts, and transportation perfonnance of each alignment alternate. 6. Solicit input from, and coordinate with, local stakeholders, identified in Exhibit B regarding 1 the SEE impacts, and transportation performance of each alignment alternative. 7. Conduct a public information meeting to present the SEE impacts and transportation performance of each alignment alternative. .8. Assist local decision-makers in achieving consensus regarding a preferred alignment alternate and preliminary design based upon documented SEE impacts, transportation performance, and comments received. 9. Complete an Environmental Assessment (EA) and Worksheet (EA W) for the preferred alignment alternate and preliminary design, along with such other environmental studies as may be required. 10. Conduct a public heating on the EA/EA W document, and assist the City Council in achieving consensus regarding a Finding of No Significant Impact (FONSI) for the preferred alignment alternate and preliminary design. If a FONSI cannot be obtained, assist the City in identifYing the environmental process to follow to move the project forward. 11. Prepare a Certificate of Survey for the preferred alignment alternative. Tie the alignment of the selected alternate into the Steams County Coordinate System and prepare such documentation as may be necessary to file the alignment as an "Official Map" in accordance with Minnesota Statutes Chapter 462. Conduct a public hearing, and file the alignment with the County Recorder. 12. Coordinate the entire scoping process, EA/EA W process, and official mapping process with the Field Street Conidor Advisory Committee, consisting of representatives from the organizations listed on Exhibit B and city staff. Prepare and submit detailed minutes from Advisory Committee meetings and public hearings. Report project status to the City Council at regular city council meetings (held on the first and third Thursdays of each month at 7:00 pm). 13. Complete such other tasks as may be necessary to secure State and Federal approval of the scoping process and the preliminary design for the selected alternative. 2.3 The City's Engineer has the authority to update and adjust all project schedules when necessary at progress meetings within the terms of the Contract. _terns Provided and Completed by the City: After authorizing-the Contractor to begin work, the City will furnish any data or material in its possession relating to the project that may be of use to the Contractor in performing the work. 3.2 All such data furnished to the Contractor, will remain the property of the City and wall be promptly returned upon the City's request or upon the expiration or termination of this contract. 3.3 The Contractor will analyze all such data furnished by the City. If the Contractor finds any such data to be incorrect or incomplete, the Contractor will bring the facts to the attention of the City before proceeding with the part of the project affected. The City will investigate the matter, and if it [mds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. [SELECT CORRECT FORM OF ARTICLE 4 FROM THE FOLLOWING FOR USE WITH COST PLUS, LUMP SUM, OR UNIT RATE WORK ORDER CONTRACT] 4 Consideration of Payment: (Cost Plus) 4.1 The Contractor will be paid on a Cost Plus Fixed Fee (profit) basis as follows: 1. Labor: $ 2. Overhead: $ 3. Fixed Fee: $ 4. Direct Expenses: $ 5. Subcontractor(s) Costs: [SUBCONTRACTOR #1] $ [SUBCONTRACTOR #2] $ Total Contract Amount: $ Federal funding applies to this Contract, see the General Terms for applicable controls. 2 4.2 The overhead rate of [XXX.XX]% of direct Salary Costs will be used on a provisional basis detennined by the City's Audit Section. 4.3 Allowable direct costs include project specific costs listed in Exhibit L-J. Any other direct costs not listed in Exhibit L] must be approved, in writing, by the City's Authorized Agent prior to incurring costs. . 4.4 See Exhibit L] for Budget Details on the Contractor and its subcontractor(s). 4.5 Allowable direct costs include project specific costs listed in Exhibit LJ. The City's Project Manager must approve any other direct costs not listed in Exhibit LJ, in writing, prior to expenditure. 4.6 The City's total obligation for all compensation and reimbursements to the Contractor will not exceed $[ ]. (Unit Rate) 4.1 The Contractor will be paid on a Unit Rate basis as follows: 1. Contractor's Unit Costs: $ 2. Direct Expenses $ 3. Subcontractor(s) Unit Costs: [SUBCONTRACTOR #1] $ [SUBCONTRACTOR #2] $ Total Contract Amount: $ Federal funding applies to this Contract, see the General Terms for applicable controls. 4.2 Allowable direct costs include project specific costs listed in Exhibit L-J. Any other direct costs not listed in Exhibit L] must be approved, in writing, by the City's Authorized Agent prior to incurring costs. 4.3 See Exhibit LJ for Budget Details on the Contractor and its subcontIactor(s). 4.4 Allowable direct costs include project specific costs listed in Exhibit L-J. The City's Project Manager must approve any othe. direct costs not listed in Exhibit L], in writing, prior to expenditure. 4.5 The City's total obligation for all compensation and reimbursements to the Contractor will not exceed $[ ]. (Fixed Hourly Rate) 4.1 The Contractor will be paid on a Fixed Hourly Rate basis as follows: 1. Labor Rate: * $ 2. Direct Expenses $ 3. Subcontractor: [SUBCONTRACTOR #1) $ [SUBCONTRACTOR #2[ $ Total ContIact Amount: $ . Labor Rate includes direct labor, overhead and profit Federal funding applies to this ContIact, see the General Terms for applicable contIols. 4.2 Allowable direct costs include project specific costs listed in Exhibit LJ. Any other direct costs not listed in Exhibit L] must be approved, in writing, by the City's Authorized Agent prior to incurring costs. 4.3 See Exhibit LJ for Budget Details on the Contractor and its subcontractor(s). 4.4 Allowable direct costs include project specific costs listed in Exhibit LJ. The City's Project Manager must approve any other direct costs not listed in Exhibit LJ, in writing, prior to expenditure. 4.5 The City's total obligation for all compensation and reimbursements to the Contractor will not exceed S[ ]. (Lump Sum) 3 4.1 The Contractor will be paid on a Lump Sum basis as follows: Total Contract Amount: $ . Federal funding applies to this Contract, see the General Terms for applicable controls. 5 Terms of Payment: 5.1 The Contractor will use the format set forth in Exhibit LJ when submitting Invoices. 5.2 The Contractor will submit the monthly progress report set forth in Exhibit LJ showing the progress of work in work hours according to the tasks listed in Article 2 Scope of Work. (F or Lump Sum) 5.3 Payment Liquidation: The Contractor will submit invoices for payment in aceordance with the following schedule [Choose the appropriate method of payment liquidation 1. One-Time Payment upon acceptance of [mal deliverable, or 2. Deliverable Schedule Payments.] 6 Contractor's Authorized Agent and Project Team: 6.1 The Contractor's Authorized Agent will be: Name: Title: Address: Phone: Responsibility: If the Contractor's Authorized Agent or Project Manager changes at any time during this Contract, the Contractor will be responsible to follow conditions laid out within Article 16 of the General Terms. 6.2 See Exhibit LJ for a full listing of key personnel as defined in Article 16 of the General Terms. .City's Authorized Agent and Project Manager: 1 The City's Authorized Agent will be: Name: Judy Weyrens Title: City Administrator Address: 25 College Avenue North, P.O. Box 668, St. Joseph, MN 56374-0668 Phone: (320) 363-7201 The City's Authorized Agent, or his/her successor, has the responsibility to monitor the Contractor's performance and the authority to accept the services provided under this contract. If the services 'are satisfactory, the City's Authorized Agent will certify acceptance on each invoice submitted for payment. 7.2 The City's Project Manager for this Contract will be: Name: Joe Bettendorf Title: City Engineer Address: 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 Phone: (320) 229-4300 The City's Project Manager, or his/her successor, has the responsibility to monitor the Contractor's performance and progress, the Project Manager will sign progress reports, review billing statements, make recommendations to the City's Authorized Agent for acceptance of the Contractor's goods or services, and make recommendations to the City's Authorized Agent for certification for payment of each Invoice submitted for payment. 8 Modification of the General Terms: None _ , Additional Provisions: None 4 General Terms Article 10 Term of Contract . . 10.1 This Contract will be effective upon the date set in the Special Tenns and will remain in effect un~l the .ExprratI.on Date s~t in the Special Tenns, or until all obligations set forth in this Contract have been fulfilled to the satIsfactIon of CIty, or untIl . terminated under Article 31, whichever event occurs first. 10.2 For delays encountered that are beyond Contractor's control, and upon written request from Contractor, City's Autho~ed Agent may extend the Work Completion Date, as set forth in th~ Special Tenns of thi~ C?ntract. The length of such tune extension will be determined by City's Authorized Agent and wIll not exceed the ExprratlOn Date of Contract. 10.3 It will be Contractor's responsibility to notify City's Project Manager and City's Authorized Agent, in writing, if the project will not be completed as scheduled. City's Project Manager will have the authority to adjust the schedule, in writing, within the tenn of Contract. Article 11 Governing Law, Jurisdiction, and Venue 11.1 This Contract will be interpreted pursuant to Minnesota law. Any citation to federal or City law incorporates the language of that law into this Contract as if fully set forth herein. Venue for all legal proceedings arising out of this Contract, or its breach, will be in the applicable state or federal court with competent jurisdiction in Stearns County, Minnesota. Article 12 Terms of General Terms 12.1 Any and all provisions of these General Terms will remain in force unless they are specifically modified, in writing, by the Special Tenns of this Contract. 12.2 To the extent of any inconsistencies between the Special Tenns and these General Terms, the Special Tenns will control. Minnesota law supersedes any of the Special Terms or General Terms set forth in this Contract. Article 13 Terms of Payment 13.1 Subject to the provisions of the Special and General Terms, all services perfonned and/or goods satisfactorily supplied by Contractor pursuant to this Contract will be paid by City. Compensation will be in accordance \vith the Special Terms, Article 4 Consideration of Payment. 13.2 If it appears at any time that Contractor will exceed the Total Contract Amount stated in the Special Tenns of this Contract, . Contractor must notify City's Authorized Agent in writing in a timely manner. Contractor will not be compensated for work perfonned in excess of the Total Contract Amount without a written, and fully executed~ amendment to this Contract. Any work performed beyond that which is provided for in this Contract without a prior written amendment signed by City, will be deemed voluntary and Contractor will not be entitled to compensation for the extra work. 13.3 If Contractor clainlS any instructions, latent conditions, or conditions exist that cause extra cost under this Contract, Contractor must make a written notice for any extra cost incurred within 10 days after such instruction or observance of conditions. Latent conditions are conditions not anticipated by the Special Terms of this Contract. Any claims made without a written notice will be refused and no claim will be valid unless so made. Any work perfonned under an amendment to this Contract that has not been properly approved and executed by the parties will be performed at Contractor's own risk. City's Authorized Agent will have the sole authority to determine whether any claimed extra costs are reasonable under the circumstances and whether City will approve the extra costs. 13.4 City will not pay overtime rates for any overtime work or services perfonned by Contractor or a subcontractor unless City's Authorized Agent has specifically requested Contractor to do so in writing. When specifically authorized by City's Authorized Agent, overtime premiwn pay will be reimbursed as a direct cost for the overtime portion of the hourly rate and is not eligible for overhead costs or profit. 13.5 Reimbursement for travel and subsistence expenses actually and necessarily incurred by Contractor as a result of performance of this Contract will not exceed the amount defined in the Special Terms. Contractor will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Minnesota Department of Transportation Travel Regulations". Contractor will not be reimbursed for travel and subsistence expenses incurred outside the City of S1. Joseph unless it has received prior written approval from City for such out of City travel. The City of St. Joseph will be considered the home base for detennining whether travel is "out of City." 13.6 The final payment due Contractor will be based on actual acceptable costs as detennined by an audit conducted by City. Thp- audit will be conducted using the Cost Principles and Procedures set forth in the Federal Acquisition Regulations, 48 Code ~ Federal Regulations Section 31, or as modified by City policies and procedures. Based upon final audit, the fInal payment to- 5 Contractor may exceed the Total Contract Amount without amending this Contract. Article 14 Procedure for Payment , . 14.1 Payments will be made by City within 30 days of Contractor's presentation of invoices and progress reports for servIces . performed and the acceptance of such services by City's Authorized Agent. 14.2 Invoices for payment must be submitted by Contractor monthly to City's Authorized Agent in the form prescribed by the City. Invoices must identify the cost for the services performed and/or goods delivered for the billing period and must satisfy the requirements listed below: 14.21 Each invoice must contain the following information: City of St. Joseph project number, state project number, federal project number, billing address if different from business address, and Contractor's original signature attesting that the invoiced services and costs are new and that no previous charge for those services and/or goods has been included in any prior invoice. 14.22 Direct nonsalary costs allocable to the work under this Contract, and defmed in the Special Terms of this Contract, must be itemized and supported with invoices or billing documents to show that such costs are properly allocable to the work. Direct nonsalary costs are any costs that are not the salaried costs directly related to the work of Contractor. Supporting documentation must be provided in a manner that corresponds to each direct cost. 14.23 The original of each invoice and progress report must be sent to City's Authorized Agent for review and payment. 14.24 Contractor must provide, upon request of City's Authorized Agent, the following supporting documentation: a. Direct salary costs of employees' time directly chargeable for the services performed under this Contract. Tins must incJude a payroll cost breakdown identifying the name of the employee, classification, actual rate of pay, hours worked, and total payment for each invoice period; and b. Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. Computer generated printouts of labor costs for the project must contain the project number, each employee's name, hourly rate, regular and overtime hours, and the dollar amount charged to the project for each pay period. 14.3 If Contractor is authorized by City to use or uses any subcontractors, Contractor must include all the above supporting .4.4 documentation in any subcontractor's contract, and Contractor must make timely payments to its subcontractors. Contractor must require subcontractors' invoices to follow the same form and contain the same information as set forth in this Article 14. Article 15 Conditions of Payment 15.1 All services and/or goods provided by Contractor pursuant to this Contract must be performed to the satisfaction of City, and in accordance with the following: 15.11 Applicable federal, City, and local laws, ordinanees, rules, and regulations. 15.12 Applicable City standards, policies, and praetices. 15.2 Contractor will not receive payment for work detennined by City's Authorized Agent to be unsatisfactory, or performed in violation of federal, City, or local laws, ordinances, rules, onegulations. 15.3 All services and/or goods covered by progress payments made by City will become the sole property of City. This provision must not be construed as relieving Contractor from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work or as waiving the right of City to require the fulfillment of all of the terms ofthis Contract. 15.4 Nothing in this Contract must be construed in any way to operate to relieve Contractor from its obligation to complete the services and/or deliver any goods described in this Contract for a sum not to exceed that set forth in the Special Terms. Article 16 Contractor's Key Personnel 16.1 Contractor's key personnel specified by name and title in the Special Terms will be considered essential to the work being performed. 16.2 If, for any reason, substitution of a key person becomes necessary, Contractor must provide two weeks' advance written notification of the substitution to City's Authorized Agent. The written notification must include the proposed successor's name and a resume of his /her qualifications. City's Authorized Agent will have the right to reject the proposed successor based upon reasonable grounds. 6 Article 17 Assignment 17.1 Contractor may neither assign nor transfer any rights or obligations under this Contract without authorization from City's Authorized Agent and a fully executed assignment agreement. The written authority will in no way relieve Contraetor from the primary responsibility for performance of the services and/or delivery of the goods specified in this Contract. . Article 18 Subcontracts 18.1 Contractor must require all subcontractor contracts to contain all appropriate terms and conditions of this Contract, including Articles 10, 11, 13, 14, 16, 18 through 34 and 36, as they apply to the sub contractor. The use of subcontractors does not relieve Contractor from perfonning and delivering the work stated in this Contract. 18.2 City's Authorized Agent must review, and accept for compliance with the General and Special Terms of this Contract, all subcontractor contracts exceeding $10,000.00 prior to the execution of any such subcontractor contract. City's Authorized Agent has the authority to reject any subcontractor contract that does not comply with the General and Special Terms of this Contract. 18.3 A copy of any and all subcontractor contracts must be sent to City's Authorized Agent after execution of the subcontractor contract and prior to work starting under the subcontractor contract. Article 19 Amendments, Change Orders, Merger, and Waiver 19.1 Amendments to this Contract will be considered only for unforeseen work or services that were excluded in the Scope of Work of the Special Terms and that are considered essential to the work. Any written claim made by Contractor for extra work or costs under this Contract that has been approved by City's Authorized Agent must be evidenced by an amendment to this Contract. Amendments must be in writing and executed and approved by the same parties and officials who executed and approved the original Contract, or their successors in office. Contractor must notify City's Project Manager in writing if Contractor will be delayed in any way from completing the project under this Contract. 19.2 The work to be done in connection \vith this Contract may be changed at the request of City, with the mutual concurrence of Contractor. Any change will be clearly and fully defilled in writing, and approved by both parties. Change orders must be consistent with the basic purpose of this Contract and within the general Scope of Work identified in the Special Terms. Changes in the Total Contract Amount or Contract Expiration Date are not permitted in a change order. 19.3 Tills Contract, including all incorporated items, contains all negotiations and agreements between Contractor and City. . other understanding, whether written or oral, regarding this Contract, may be used to bind either party. 19.4 Failure of a party to enforce any provision of this Contract \vill not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. Article 20 Affirmative Action 20.1 For contracts in excess of $1 00,000.00, Contractor certifies that it is in compliance with Minnesota Statutes Section 363A.36. 20.2 Contractor certifies that it is an equal opportunity employer and complies with Title VI of the Civil Rights Act of 1964, and the President's Executive Order Number 11246 as amended by Executive Order Number 11375. Accordingly, 49 Code of Federal Regulations Section 21 through Appendix C and 23 Code of Federal Regulations Section Part 200 will be applicable. 20.3 If Contractor has more than 40 full-time employees within the City of St. Joseph on a single working day during the previous twelve months Contractor must comply with the following Affmnative Action requirements for disabled workers: 20.31 Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability ill regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affmnative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices sueh as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or tennination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 20.32 Contractor will comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to file Minnesota Human Rights Act. 20.33 In the event of Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance may be taken in accordance with Minnesota Statutes Section 363A.073, and file rules of 7 relevant orders oftheMinnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 20.34 Contractor ~ll post in conspicuous places, available to employees and applicants for ~mp10yment, n?tices in a fonn to be prescribed by the commissioner of the Minnesota Department of Human Rights. ~uch nonces must . . City Contractor's obligation under the law to take affinnative action to employ and advance ill employment qualIfied disabled employees and applicants for employment, and the rights of applicants and employees. 20.35 Contractor must notify each labor union or representative of workers with which it has a collective bargainin? agreement or other contract understanding, that Contractor is bound by file terms .0fM~esota Statutes SectIOn 363A.073, or the Minnesota Human Rights Act and is committed to take affirmanve acnon to employ and advance in employment physically and mentally disabled persons. Article 21 Compliance with Licenses, Permits, and Other Regulations . 21.1 Contractor must procure all licenses, permits, or other rights necessary to fulfill its obligations under this Contract ill compliance with all applicable federal and City laws. Article 22 Audits and Inspections 22.1 The books, records, documents, and accounting procedures and practices of Contractor relevant to this Contract are subject to examination by the City, State of Minnesota, Minnesota Department of Transportation, and/or Legislative Auditors, as appropriate, for a minimum of six years from file end of the project. 22.2 Duly authorized representatives of City, State of Minnesota (and the Federal Highway Administration, if federal funds are involved) have the right to inspect the work of Contractor under this Contract, during regular working hours, whenever it is deemed necessary to do so. 22.3 Work Effort Audits: 22.31 City may conduct work effort audits for the various work tasks described in file Special Terms. Audits will be randomly selected for completed work tasks. Audits will include work effort reviews and effort level analysis to determine the reasonableness of the hours charged. 22.32 Contractor must maintain work effort progress reports showing work tasks, hours worked on the task by the various . personnel assigned to this work, and work effort perfonned by subcontractors assigned to the tasks. The progress report must be in the format as described in the Special Tenus of this Contract. Article 23 Government Data Practices and Intellectual Property 23.1 Government Data Practices. Contractor and City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter13, as it applies to all data provided by City under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Contractor under this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release offile data referred to in first clause by either Contractor or the City. If Contractor receives a request to release the data referred to in this Clause, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. 23.2 Intelleetual Property Rights. 23.21 Intellectual Property Rights of City. City owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by Contractor, its employees, agents, and subcontractors, either individually or jointly with others in the perfonnance of this contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by Contraetor, its employees, agents, or subcontractors, in the perfonnance of this contract. The Documents will be the exclusive property of City and all such Documents must be immediately retained to City by Contractor upon completion or cancellation of this contract. To the extant possible, those Works eligible for eopyright protection under the United States Copyright Act will be deemed to be "works made for hire." Contractor assigns all right, title, and interest it may have in the Works and the Documents - to City. Contractor must, at the request of City, execute all papers and perfonn all other acts necessary to transfer or record City's ownership interest in the Works and Documents. - 23.22 Intellectual Property of Contractor. Contractor retains tire and interest in all of its standard details, plans, 8 specifications, and engineering computation documents, ("Previously Created Works and Docu~ents") whether in written or electronic fonn, which have been incorporated into the Works and Documents, but whlch were developed by Contractor independent of this contract. Contractor issues to City a royalty-free, nonexclusive, and irrevocable license to use the Previously Created Works and Documents. 23.23 Notification. Vlhenever contractor reasonably believes it, or its employees or subcontractors, has made an . invention, improvement, or discovery (whether or not patentable) in the performance of this contract, and has o~ actually or constructively reduced it to practice Contractor will immediately give City's Authorized RepresentatlVe written notice thereof, and must promptly furnish the Authorized Representative with complete information andlor disclosure thereon. 23.24 Representation. Contractor must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of City, and that neither Contractor nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Contractor will indemnify; defend, and hold harmless City, at Contractor's expense, from any action or claim brought against City to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. Contractor will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in Contractor's or City's opinion is likely to arise, Contractor must, at City's discretion, either procure for City the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. Thìs remedy of City will be in addition to and not exclusive of other remedies provided by law. 23.25 City's Reuse of Works and Documents. If the Works and Documents created and paid for under this contract are engineering plans and specifications requiring the certification of a licensed professional engineer, City acknowledges that such plans and specifications have been created solely for the specific project covered by this contract and may not be suitable for reuse on other projects. Government Data Practices. The Minnesota Government Data Practices Act, Minnesota Statutes Chapter13, applies to this contract and all work performed under it. The act provides, inter alia, disclosure and non-disclosure requirements for all data provided to or by the City and civil remedies for failure to comply with the act. 23.3 The originals ofreports, drawings, work sheets, plans, field notes, computations, and other project data must be . relinquished to City: 23.31 Upon written notice of completion or termination of this Contract, or 23.32 Upon written notification by City, or 23.33 Upon fmal payment by City to Contractor for thìs Contract. Article 24 Liability 24.1 Contractor must indemnify, save, and hold City, its agents, and employees harmless from any and all claims or causes of action, including attorney's fees incurred by City, arising from a negligent or otherwise wrongful act, or omission in the perfonnance ofthìs Contract by Contractor or Contractor's agents or employees. Thìs clause will not be construed to bar any legal remedies Contractor may have for City's failure to fulfùl its obligations pursuant to this Contract. Article 25 Workers' Compensation 25.1 Any and all employees of Contractor, including its subcontractors, or other persons while engaged in the performance of any work or services required by Contractor under thìs Contract, will not be considered employees of City. Any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of Contractor's employees, or other person while so engaged on any of the work or services to be rendered, will in no way be the obligation or responsibility of City. Pursuant to Minnesota Statutes Section 176.182, acceptable evidence of compliance with Workers' Compensation insurance coverage requirements must be presented to City before City may enter into a contract with Contractor. Article 26 Insurance 26.1 A certificate of insurance for each type of insurance required under this Contract must be filed with City's Authorized Agent within 30 days of execution of thìs Contract and prior to commencement of any work under this Contract. Each policy must contain a 30 day notice of cancellation, nonrenewal, or material change to all named and additional insured. - 26.2 Contractor must maintain and furnish satisfactory evidence of the following insurance policies: - 9 26.21 Loss by any means, of all data furnished to Contractor by City, and for partially completed data for which City has made payment. 26.22 Workers' Compensation Insurance: Contractor will provide Workers' Compensation insurance for all . . Contractor employees and, in case any work is subcontracted, Contractor will require the subcontractor to provIde Workers' Compensation insurance in accordance with the statutory requirements of City of St. Joseph, including Coverage B, Employer's Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease aggregate; and $100,000.00 bodily injury by accident. Evidence of subcontractor's insurance must be filed with Contractor. 26.23 Commercial General Liability: Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage including loss of use which may arise from operations under this Contract whether such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed under this Contract. Unless otherwise specified within this Contract, Contractor's insurance minimum amounts will be as follows: $1,000,000.00 - per occurrence $2,000,000.00 - annual aggregate In addition, the following coverages should be included: Bodily Injury and Property Damage Products and Completed Operations Liability Blanket Contractual Liability Name City as an Additional Insured 26.24 Commercial Automobile Liability: Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury, inCluding sickness or disease, death, and for care and loss of services, as well as from claims for property damage including loss of use which may arise from operations under this Contract whether such operations were by Contractor or by subcontractor or by anyone directly or indirectly employed under this Contract. Unless otherwise specified within this Contract, Contractor insurance minimum amounts will be as follows: .- $1,000,000.00 - per occurrence Combined Single limit for Bodily Injury and Property Damage. In addition, the following coverages should be included: Owned, Hired, and Non-owned Name City as an Additional Insured 26.25 ProfessionaIlTechnical, Errors and Omissions, and/or Miscellaneous Liability Insurance: Unless otherwise specified within this Contract, Contractor insurance minimum amounts will be as follows: $1,000,000.00 - per claim $2,000,000.00 - annual aggregate On request, Contractor must submit a [mancial statement signed by a Certified Public Accountant which provides evidence that Contractor has adequate assets to cover any deductible which applies to this policy. This policy will provide coverage for all claims Contractor will become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor's professional services required under this Contract. 26.26 For work on railroad property, Contractor must obtain Railroad Protective Liability Insurance in accordance with Mn/DOT Specification 1708.2 (2000 Edition) or may subsequent changes or modifications to this specification. 26.3 Contractor must: 26.31 Include legal defense fees in addition to its liability policy limits, with the exception of26.25 above; and 26.32 Obtain insurance policies from an insurance company having an "AM BEST" rating of A VI or better. 26.4 City reserves the right to immediately rescind this Contract if Contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against Contractor. All insurance policies must be open to inspection by City, and copies of policies must be submitted to City's Authorized Agent upon written request. - Article 27 Deliverable Standards 27.1 City will have the authority to disapprove or reject services and/or goods that are defective. Contractor will be responsible - for the accuracy of its work under this Contract and must make immediate, necessary revisions, repairs, or corrections without compensation resulting from errors and omissions on the part of Contractor. 10 Services and/or goods delivered under this Contract must be in accordance with applicable federal or state stan~ards .and/or specifications and must be of a quality that is satisfactory to City. Acceptance of the services and/or goods. b~.Clty w1l1 not be considered a waiver of any provision of this Contract and will not relieve Contractor of the responslblhty for subsequent correction of any such errors or omissions and the clarification of any ambiguities. . In the event revisions, repairs, or corrections to the deliverables must be made, Contractor must invoice City for any employee's time necessary to revise, repair, or correct errors or omissions at a rate of zero dollars per hour for the nwnber of hours necessary to perform the work. 27.2 The services and/or goods provided to City by Contractor must be of such quality that they are suitable for their intended purpose which meets the design requirements provided for in the Special Tenns. 27.3 Time is of the essence with respect to this Contract. In the event Contractor fails to perform its duties by the time fixed for the completion of the work, City may elect to immediately tenninate this Contract. 27.4 Neither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the following, unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, or delays or defaults caused by public carriers, provided the defaulting party gives written notice as soon as possible to the other party of its inability to perform. 27.5 Deliverables must be provided in both hard copy and electronic format as directed by the City. Article 28 Printing, Paper Stock, and Ink Requirements 28.1 If this Contract results in reports or documents paid for by City, Contractor must comply with Minnesota Statutes Sections 16B.l21 and l6B. 122, for the purchase of printing, paper stock, and printing ink. Article 29 Publicity and Endorsements 29.1 Any publicity given to the program, publications, or services provided resulting from this Contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Contractor or its employees individually or jointly with others, or any subcontractors must identify City as the sponsoring . agency and must not be released without prior approval by the City, unless such release is a specific part of an approved wor plan included in this Con_tract. 29.2 Contractor must not claim that City endorses its products or services. Article 30 Officials not to Benefit 30.1 Without prior written consent of City, Contractor must not employ any professional or teclmical personnel to provide services under this agreement who are or have been at any time during the time period of this Contract in the employ of City, except retired City employees, without written consent from City. 30.2 Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee working for Contractor, any fee, commissions, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract. Article 31 Termination 31.1 This Contract may be immediately tenninated by City, at any time, with or without cause, upon written notice to Contractor. In the event of such tennination Contractor will be entitled to payment, determined on a pro rata basis, for services and/or goods satisfactorily performed or delivered. 31.2 In the event City cannot or does not obtain Federal appropriated funds funding from the Minnesota Legislature, or funding cannot be continued at a level sufficient to allow for the purchasing of the services and/or goods contained herein, this Contract may be immediately terminated, at City's option, by written notice of termination delivered in person, by mail. or facsimile to Contractor at the address specified in this Contract. City will not be obligated to pay for any services and/or goods provided by Contractor after such notice of termination. - Article 32 Errors and Omissions - 32.1 Contractor will be responsible for the accuracy of the work and must promptly make necessary revisions or corrections 11 resulting from Contractor's errors, omissions, or negligent acts without additional compensation. Acceptance of the work by City will not relieve Contractor of the responsibility for subsequent correction of any errors oromissions or for clarification of any ambiguities. . It is understood the that City will rely on the professional perfonnance and ability of Contractor. Any examination by or the Federal Highway Administration, or any acceptance or use of the work product of Contractor will not be eonsidered to be a full and comprehensive examination and will not be considered an approval of the work prod~ct of Contractor which would relieve Contractor from any liability or expense that could be connected with Contractor's sole responsibility for the propriety and integrity of the professional work to be accomplished by Contractor pursuant to this Contract. 32.2 At allY time during construction or any phase of work performed by others based on data provided by Contractor, CofltFactor must conf-er V\ith City when necessary for the purpose ofîmerpreting the i:Hfonnation seemed aml/-or to correct any errors or omissions made by Contractor. Contractor must prepare a-ny and all pla-ns or data needed to correct the errors or omissions 'l.ithout added compensation, eyen though fmal paymcnt may akeady ha'IC been received by Contractor. Contractor mast gi':e immediate attention to these changes so there 'l,ill be minimal delay to the construction or other work as ref-erenced. If errors, omissions, or negligent acts are made by Contractor in any phase of the work, the correction of which may require additional field or office work, Contractor will be promptly notified by City and will be required to perfonn such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost to City. If Contractor is aware of any errors, omissions, or negligent acts made in any phase of the work, the corrections of which may require any additional field or office work, Contractor must promptly perfonn such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost to City. Contractor will be responsible for any damages incurred as a result of its errors, omissions, or negligent acts and for any loss or cost to repair or remedy Contractor's errors, omissions or negligent acts. Acceptance of the work by City will not relieve Contractor of the responsibility for subsequent correction of any such errors, omissions, or negligent acts, or of liability for loss or damage resulting therefrom. .~j~ Contractor must respond to City's notice of any errors or omissions within 24 hours and give immediate attention to these corrections to mininùze any delays to City. Notification will be by telephone, followed by Certified Mail. Contractor may be required to make a field review of the project site, as defined in the Special Terms, if directed by City's Authorized Agent and Contractor may be required to send personnel to the appropriate City district office as part of correcting any errors . . ' or onnsslOns . Article 33 Quality Assurance and Quality Control 33.1 Prior to approval and execution ofthis Contract, Contractor must have a Quality Assurance and Quality Control (QAlQC) Program. During the tenn of this Contract, Contractor must adhere to Contractor's QAlQC Plan, which was prepared by Contractor and accepted by City's Authorized Agent, for this Contract. Contractor's QAlQC Plan is incorporated into this Contract by reference. With each deliverable submitted to City pursuant to this Contract, Contractor must certifY in writing to City's Authorized Agent that there was compliance with the QAlQC Plan. City may cancel this Contract for Contractor's failure to follow the QAlQC Plan for this Conµ-act. Article 34 Disputes 34.1 City's Authorized Agent will be the initial interpreter of the requirements of this Contract and will judge the acceptability of the work hereunder. Claims, disputes, and other matters relating to the acceptability of the work will be referred in writing to City's Authorized Agent, with a request for a fonnal decision to be rendered in writing within a reasonable time. Written notice of each such claim, dispute, or other matter must be delivered by Contractor to City's Authorized Agent within 15 working days of the occurrence of the event giving rise to the claim, dispute, or other matter. Written supporting data must be submitted to City's Authorized Agent within 45 days of each such occurrence, unless City's Authorized Agent allows an additional period of time to ascertain more accurate data. The rendering of a decision by City's Authorized Agent will be a condition precedent to Contractor's exercise of such rights and remedies as it may have under this Contract or at law in respect to any claim, dispute, or other matter. - - Article 35 Federal Clauses 12 If Federal Funds are involved with this Contract, the following additional conditions apply: 35.1 Federal reimbursement will be limited to the Federal share of costs which are allowable under the Federal cost principles contained in the Federal Acquisition Regulation, Contract Cost Principles and Procedures, 48 Code of Federal Regulations Section 31. 35.2 Contractor warrants and represents that City and the Federal Highway Administration will have a royalty-free, . nonexclusive, and irrevocable license to reproduce, publish, or otherwise use for federal, City, or local government purposes, any patentable subject matter or copyrightable materials developed, or any rights of copyright to which City has purchased ownership, under this Contract. v\Then applicable, the patent rights provisions of 48 Code of Federal Regulations Section 27 will apply to this Contract regarding rights to inventions. Such provisions are incorporated by reference and must be ìncorporated in all subcontracts by reference. 35.3 Federal-Aid Contracts: Contractor acknowledges that by signing this Contract, it certifies to the best of its knowledge and belief: 35.31 That no Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract or the making, extension, continuation, renewal, amendment, or modification of any Federal grant, loan, or cooperative agreement. 35.32 That if any funds other than Federal appropriated funds bave been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress ìn connection with this Federal contract, grant, loan, or cooperative agreement, Contractor must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 35.33 That this certification is a material representation of fact upon which reliance was placed when tiffs transaction was made or entered. Submission of this certification is a prerequisite for rnaltìng or entering into this transaction imposed by 31 United Citys Code Section 1352. Any person who fails to file the required certification will be subject to a civil penalty. 35.34 That it must require that the language of this certification be included in all lower tier subcontracts, which exceed $1 00,000.00 and that all such subcontractors must certify and disclose accordingly. . 35.4 Contractor must complY with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, 42 United Citys Code Section 7606; Section 508 oftbe Clear Water Act, 33 United Citys Code Section 1368; Executive Order Number 1 1738, and all applicable regulations promulgated by the United Citys Environmental Protection Agency. Article 36 Data Disclosure 36.1 Contractor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number to federal and City tax agencies and City personnel ìnvolved in the payment of City obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring Contractor to file City tax returns and pay delinquent state tax liabilities, if any. Minnesota Statutes Section 270.66. Effective as of the day and year first written above. CITY: ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Larry Hosch City Administrator Mayor - - 13 CONTRACTOR: . By Its STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this _ day of , 2004, before me, a notary public within and for said County, personally appeared Larry Hosch and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of S1. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public _TATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 2004, before me, a notary public within and for said County, personally appeared, , , on behalf of , the Contractor named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said President/CEO acknowledged said instrument to be the free act and deed of said corporation. Notary Public -, - 15 Page 1 01 .... Judy Weyrens From: "Gregory J. Haupert" <ghaupert@rajhan.com> . To: <jbettendorf@sehinc.com>; <jweyrens@cityofstjoseph.com> Sent: Wednesday, July 28, 2004 2:06 PM Attach: Field Street Corridor Study Contract - Revised 7 -28-04.doc Subject: RE: Field Street Corridor Study Contract Mr. Bettendorf and Ms. Weyrens: Please find the attached revised copy of the Field Street Corridor Study Contract. I have made all the changes suggested by Mr. Bettendorf, with the exception of the deletion of Article 31.2. Rather that delete this article I made a minor change to ensure the City is able to prevent further work in the unlikely event that federal funding is withdrawn. I also added Article 34.2 to allow the City to collect attorney's fees in the event enforcement of the contract through a lawsuit becomes necessary. Please let me know if you have any additional changes. Also, ifthere are no other changes required, let me know so that I can remove the editing from the contract. Gregory J. Haupert Attorney at Law . Rajkowski Hansmeier, Ltd. 11 Seventh A venue North P.O. Box 1433 St. Cloud, Minnesota 56302-1433 (320) 251-1055 -----Original Message----- From: jbettendorf@sehinc.com [mailto ;jbettendorf@sehinc.com] Sent: Wednesday, July 28, 20041:19 PM To: Gregory J. Haupert Cc: jweyrens@cìtvofstjoseph.com Subject: Field Street Corridor Study Contract Gregory - here are my updates. Please check with Judy Weyrens to see of there are any more updates, then transmit a final copy to me and to Judy. Thanks. ----- Forwarded by Joe BettendorfYseh on 07/2812004 01: 16 PM _u__ .I oe Bettendorf To: ~<kge@raihan.com, .- Ü9val1Qvi ch(a),rajhan. com, - 8/30/20{ 07/27/2004 bzierden@rajhan.com Field Street arridor Study Contract 'he Contract format looks good. I only have a few comments? roject Identification: I'd like to give the actual study a new SEH umber: \.-STJOE 0208.01. Judy - is there a City project number or ID you would ike J use instead? micle 27.1: Add the following to the end of the paragraph on page 10: )eliverables must be provided in both hard copy and electronic format as lirected by the City." Miele 29: Replace "Commissioner of Transportation" with "City". .le 31.2: Delete. Article 32.1: In the second line on page 12, insert State (examination by City, State, or the Federal... " Article 32.2: Delete Artiele 33.1: Change :QM/QC" to QAlQC". Article 34.1: Do we want to use voluntary (or mandatory) mediation as an alternative dispute resolution? That's it. Thanks everyone. . 8/30/2004 . _', >.; i··~'.,·~I:·:·,:.,:-·.,·.·=~;i;.',::-./f¡;;>'4_. .',.., - n -:;, '-~!f ~:-¡ ft. _~. .". \. -< -" CONCRETE & MASONRY AU Types of Concrete Work-Lasting Quality 3..-3$3-1878 KEN Cell: 250..6502 15016 Held Circle Fax: 320-363-1878 Cf}ld Spring, MN 56320 To: ;---' of s/ J;S'~Jí c//y . Description ;;26 Avo. o c../ Amount {t/{---r I / lA/ ,de s ¡cIr &.-/0.. / ¡( '7-,;'/;74,' ( IC" e5'f S,'/{> z¡ /~ !lvE VJ 7" S fOl/f./, A-.<:<' ./,v? ~ /VC/ f 5 ~d ct//-'DC< G~.s ~ '. £.>T ~.~ (/'/1VE . .A ~""""--~~ -~----~--+_._~-----_...- ,- .-....-~- , .{ PROPOSAL ~ PROPOSAL NO. SHEET NO. DATE WORK TO BE PERFORMED AT: ADDRESS á,/Ä E~ (J DATE OF PLANS PHONE NO. ARCHITECT We hereby propose to furnish the materials and perform the labor necessary for the completion of ~~ All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- cation submitted f r above work and completed in a substantial workmanlike manner for the sum of .¿;/ð-cJ ~:.- - ,¡...-1 Dollars ($ - - ) with payments tobe made as follows. Respectfully submitted Any alteration or deviation from above specifications invoiving extra costs will be executed only upon written order, and wiil become an extra charge over and above the estimate. All agreements contingent upon strikes, ac- cidents, or delays ,beyond our control. Note - This proposal may be withdrawn by us if not accepted within _ days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the . as specified. Payments will be made as outlined above. . Signature Date Signature éli'Bdams NC 3818·50 PROPOSA.l ~Jðf"\t: I'" IIC::l. - PROPOSAL .d~¥d£=-~~ ,52s- ('- // /' ? /! Ä c:1-r:z Þ£ 7 PROPOSAL SUBMITIED TO: ":SC:J7 f Respectfully submitted Any alterati()n or deviation from above specifications involving extra costs . will be executed only Lipon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, ac: eidents, or delays beyond our control. Note - This proposal may be withdrawn by us if not accepted. within:šer- ' days. Date· Signature - - . - - - . - -- ------.. - . ~RajkoWSki 11 Seventh Avenue North ~~~~TA~~J Ltd. P.O. Box 1433 St. Cloud, MN 56302-1433 August 18, 2004 320-251-1055 Toll Free 800-445-9617 --VIA FAX AND US MAIL-- Fax 320-251-5896 Ms. Judy Weyrens 81. Joseph AdministratoríCìerk rajhan@rajhan.com 25 North College Avenue www.rajhan.com St. Joseph, MN 56374 Re: Momingside Addition Our File No. 23863 Dear Judy: The purpose of this letter is to clarify some comments contained in my letter dated July 2, . 2004 regarding park dedication fees in the Morningside Acres Plat. The developer is seeking a credit against the park dedication fees for approximately $7,500.00 that will be spent by the developer on a trail, including lighting. The dedicated land or fee is to be Frank J. Rajkowski ao used for parks, recreational facilities, playgrounds, trails, wetlands or open space. Under the state statute, the City may consider the open space, park, recreational areas and Gordon H. Hansmeier facilities which will be preserved in the development in order to determine the amount to Frederick L Grunke be dedicated. In my opinion, the City may properly consider the trails and lighting provided by the developer as an offset against the developer's park dedication fee. Thomas G. Jovanovich' Paul A. Rajkowski' Please give me a call if you have any further questions. Kevin E Gray Very truly yours, William J. Cashman Richard W. Sobalvarro RAJKOWSKI HANS MEIER LTD. ()~ Susan M. Dege Yl¡,ø'Dt LeAnne D. Miller By !\ ' Súspn M. Dege . Sarah L Smith-Larkin V Troy A, Poetz SMDlbaz Joseph 1Vi. Bromeland .ory J. Haupert RECEiVED aurel J. Pugh AUG 1 9 2004 CITY OF ST. JOSEPH Frank J. Rajko'AfSki and Richard W Sobalvarro are admitted to practice in North Dakota~ Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. Rajkowski and Sarah L. Smith in Wisconsin, and William J. Cashman in South Dakota. RMembeí of American Board of Trial Advocates. cQualified ADR Neutral. . & MUNICIPAL DEVELOPMENT GROUP, INC. DATE: August 25, 2004 MEMO TO: Mayor Hosch, City Council Members, City Administrator Weyrens FROM: "J1l~~~~-Foust & C'h~mith-Strack, Municipal Development Group RE: Economic Development Activity Report mid July - August, 2004 Municipal Development Group, Inc. has been interacting with a number of prospects throughout the past two months. 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. A project number has been assigned to protect the confidentiality of the businesses prospects. Project 01-8: This company originally contacted the city in 2001. Plans for expansion were placed on hold in 2002. A developer working with the company contacted MDG in June, 2004 regarding the potential for expansion plans in 2005. MDG most recently followed up on July 14th and 21st. . Project 01-E: This project involves the expansion of a service within the community. MDG has been keeping in touch with the project contact over the past two years. Most recent correspolTdence occurred on July 21,2004. Project 01-F: This company has been in contact with the EDA regarding potential sites for a commercial business since August, 2001. MDG has forwarded the contact information on a number of commercial sites. MDG last followed up with the contact on July 21st and August 18th. Project 01-1: This business originally contacted the City in 2001. In 2002 they noted their project was on-hold. The company most recently contacted MDG on June 18, 2004 requesting information on available commercial sites in the City. MDG forwarded the info. and followed via em ail on July 14th and a phone call on August 4, 2004. Most recent follow-up occurred via email on August 18th as MDG forwarded additional information regarding available parcels. Project 01-J: This developer owns commercial land and a building. MDG faxed information on the commercial lots to a lead on July 12, 2004 and followed up with the developer and lead on July 21, 2004. Project 02-H: This developer contacted MDG in July regarding available highway commercial lots. MDG faxed info on optional sites and followed up most recently on July 21, 2004. Project 02-L: This business constructed a facility in Buettner Business Park for their operations, along with lease space for . other tenants. They secured a new tenant in a 4,000 square foot portion of the building earlier this year. MDG most recently followed up on July 21, 2004. EDA Monthly Project Report - mid July - August 2004 Activities Page 1 Project 02-R: . This company recently purchased land in Buettner Business Park for the construction of a facility in 2005. MDG most recently corresponded with the business contact on July 14th and August 4th and 18th. Project 02-AA: This business purchased land in Buettner Business Park earlier this year. They are starting building and site plans for proposed construction in the summer/fall of 2004. MDG followed-up with the contact and/or his builder most recently on July 14th, 215t and 28th and August 4th and August 11 tho During August, the site plan for this project was approved by the Planning Commission, the covenant review for this project was approved by the EDA and the development agreement for this project was approved by the City Council. The next step will be issuance of a building permit. Project 02-FF: This business has expressed an interest in 7 to 9 acres of industrial land since December of 2002. The contact has toured sites and is waiting for new industrial park development. MDG most recently followed up on July 21, 2004. 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 few years. MDG most recently followed up on July 215t and August 4, 2004. Meetings with project representatives were held on August 9th and August 24Uí. Additional written correspondence occurred on August 11th. Project 03-1: This business contacted the City in 2003 regarding available commercial lease space. MDG most recently followed up with a letter on July 21, 2004. Project 03-R: . This prospect contacted the City in the summer of 2003 inquiring about vacant industrial acreage. MDG forwarded information and continues to remain in contact with the prospect. MDG, Inc. last followed up with the prospect on July 21,2004. Project 03-5: This project involves the possible expansion of the industrial acreage in the community. MDG has been working with the property owners on the project since August of 2003. MDG has been in contact with the property owners and City Engineer. Project activity occurred on July 14 and August 4,2004. On August 18th project representatives indicated an agreement for sale of the property appeared imminent. Project 03·U: Inquiry forwarded to MDG on October 1, 2003 regarding a potential commercial development in St. Joseph. MDG followed up last occurred on August 18th. Project 04-8: This builder contacted the city in March of 2004 regarding availability of industrial lots in the city and financial programs to assist with a project. The builder purchased a lot in Buetter Business Park in May of 2004. MDG last spoke with the contact on July 21, 2004. There are not immediate plans for construction of a building. Project 04·D: MDG contacted the owner of industrial acreage within the corporate limits regarding interest in re-subdividing and marketing industrial lots. The property owner expressed an interest in possibly re-subdividing. MDG continues to follow up with the project representative regarding the project, with follow up via phone on July 14th and August 4th and 18th. On August 18th the project representative indicated the property owner is continuing to further define the actual acreage available. . EDA Monthly Project Report - mid July - August 2004 Activities Page 2 Project 04..;E: . This prospect contacted MDG in April of 2004 regarding demographic and economic development data for St. Joseph. The prospect is considering a leasing commercial retail space in the community. Most recent correspondence with the contact was via mail on July 14, 2004 and via phone on August 4,2004. Project 04-F: This prospect contacted MDGin May of 2004 regarding commercial lease space in the downtown area. MDG met with the prospect several times in May. Most recent correspondence with the project representative on August 18th indicated the project had been abandoned due to costs involved in obtaining and/or leasing commercial space. Project file closed. Project 04-H: MDG met with a representative on May 26, 2004 regarding a building in the downtown. Most recent follow- up occurred on July 21st and August 18th. The current commercial lessee will be vacating the building upon lease term cessation. The building has been listed for sale. Project 04-1: . A representative from a local real estate firm contacted the City on June 23rd to request information on available commercial parcels. MDG prepared and em ailed information. MDG followed up most recently on July 21, 2004. The contact noted the sites under consideration were too expensive for her client. Project 04-J: This contact met with MDG on July 21 st and requested information for a commercial/service business. MDG most recently followed up on July 28, 2004. Project 04-K: A representative from Project 04-K contacted the City on August 11th regarding office lease space. MDG forwarded information regarding previous inquiries for office space (as authorized for distribution) and . regarding current lease space available. Additional follow up occurred on August 25th. A meeting with project representatives is scheduled for September 1 st. Project 04-M: This is a confidential business lead. MDG met with City Administrator Weyrens to discuss potential meeting on August 25th. Additional information and a fact sheet was compiled for the project. MDG and City Administrator met with development representative on the 25th. Project 04-N: MDG met with project representatives on August 25th regarding potential expansion of an existing industrial facility. Other: The EDA met on August 11th. At the meeting the EDA approved a site plan/covenant review for a new construction in Buettner Business Park. The EDA also approved preliminary budgets for Fund 150, 155, 156 and 250 (EDA General Fund, TIF 1-3 , TIF 1-4 and Revolving Loan Fund) for presentation to the City Council. . EDA Monthly Project Report - mid July - August 2004 Activities Page 3 · Department of Administration State Demographic Center 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Telephone: 651.296.2557 Fax: 651.296.3584 August 5,2004 RECEIVED ÁlJ'J f\ q r"Lt CITY OF ~r . JO¿1.:.; " Ms. Judy Weyrens, Administrator City of St. Joseph 25 College Avenue N., P.O. Box 668 St. Joseph, MN 56374-0668 Dear Ms. Weyrens · As you requested in your note dated May 24, 2004, I have reviewed our 2003 population and household estimates for the City of St. Joseph. My evaluation excluded building permits issued in 2003, since our model assumes that few of those units were completed and occupied by April 1,2003. Our model also assumes that persons per household will continue to drop at the rate observed during the last decade. After reviewing the building permit data, homestead data and annexation activity, I have adjusted our 2003 estimates to 5,119 persons and 1,270 households. This correction has been reported to your county auditor and the Minnesota Department of Revenue. I appreciated your effort to help us improve our estimates. If you have any additional questions or comments, please feel free to contact me at the phone number or e-mail address provided below. Sincerely, ~/(~ ... James W. Hibbs State Demographic Center jim.hibbs@state.mn.us · 651-296-9036 DRAFT August 11, 2004 pàge10f 3 Pursuant to due call, and notice thereof; the Fire Board for the City of St. Joseph and Townships of-St. . Joseph and St. Wendel met in regular session an Wednesday, August 11,2004 at 6:00 PM in the St. Joseph Community.Fire Hall. Members Present: Fire Chief Randy Torborg, City of 81. Joseph Representative Gary Utsch, St. Joseph Township Representative Joe Bechtold, St.Wendel Township Representative GregSalk. City Administrator Judy Weyrens. Others Present: Assistant Fire Chief Terry Loso Minutes: Bechtold made a motion to approve the January 28, 2004 and May 5, 2004 Fire Board minutes as presented; seconded by Torborg and passed unanimously. Financial Report: Weyrens presented the Fire Boardwith the .2nd Quarter Financial Report as well as the final 2003 audited revenue/expenditure total. Based on the submitted report, the Fire Fund balance as of June 30, 2004 is $ 434,199.05. Bechtold made a motion to acceptthe 2nd Quarter Financial Report . as presented; seconded by Torborgand passed unanimously. " For the year 2003, the Fire Fund carried forward a balance of $ 54,856.21which represents surplus revenue. Annually the Fire Board reviews ,the surplus and designates a portion for future capital expenditures. Torborg briefly discussed the proposed conversion of portable radios to the 800 mhz system. It is anticipated that the radio conversion will exceed $ 40,000. Bechtold made a motion to designate $ 25,000 of the 2003 surplus revenue for the 800 mhz radios and the balance will be designated in the general operating budget. 2005 Proposed Budqet: Weyrens stated that the Fire Board will need to review and adopt a proposed budget for 2005. The City will be reviewing their budget on August 16, 2004 of which the Fire Budget is a part. Torbor9 forwarded a proposed budget for discussion purposes to all Board Members. Bechtold - stated that he has reviewed the budget any only has one concern; the amount budgeted for the relief contribution. Bechtold questioned if the required contribution has been determined. Torborgstated that - the Relief Report was presented to the City Council on August 5, 2004. Based on the submitted reported there is not a required contributic:m; however, in the past the City/Township has agreed to contribute- $ 3,000 or $ 100 per fire fighter to the Relief Fund when a liability is notrecorded. The Board had considerable discussion regarding the annual contribution and questioned the contribLition . for 2004. Torborg' retrieved the Relief report that was presented to the City Council and read the . certification portion which indicated that the contribution is based on 2004 numbers, payable in 2005. The Board requested clarification on the required contribution for 2004, as the budget indicates a liability 'of $ 28,QOO. Bechtold stated that if the required contribution for 2005 is $ 3,000 then that number should be reflected in the budget. He does not like to see revenue surpluses each year. Torborg reminded the Board that financial reports were not available to the Fire Board the last quarter af 2004 so he was uncertain as to what funds were available. Had that information been available, he would have requested additional expenditures. Bechtold stated that the money is still available for use if the Fire Department needs equipment. Bechtold stated that as a member of the Fire Boarcl he does not believe in the "use it or lose it" mentality and appreciates the Fire Budget being reduced. He further stated that it is easier for him to justify a large increase one year if the budget is a reflection of needs. Torborg stated that he is only clarifying that in the future a large contribution could be required and the Fire Board will need to have the funds available. Torborg also stated that the Fire Department has discussed the annual retirement benefit of $ 1 ,600 per year of seNice and will be requesting consideration to increase the benefit. The increase in benefit will seNe as a tool to retain volunteers and encourage new applicants. Torborg presented the Fire Board with a proposed equipment replacement schedule. The purpose of the - schedule is to allow the Fire Board to plan for major expenses. Torborg stated that the schedule also DRAFT August 11, 2004 Page 2 of 3 includes a personnel cartier that would be used for traveling to meetings and transporting fire personnel to fires when equipment is not needed. Currently the Fire Department does not have a vehicle that can . be used for transport only. Firefighters currently use their personal vehicles to run errands while representing the Fire Department. Torborg stated that he is not seeking approval at this time but would like further consideration in 2005. Bechtold made a motion to set the 2005 Fire Budget at $ 200,490, reducing the budget item for Fire Relief to $ 3,000. The motion was seconded by Utsch and passed unanimously. OLD BUSINESS FEMA Grant: Torborg reported that the Fire Department is still waiting to hear if the grant request for radios and an extraction device will be funded through FEMA. The grant funds must be awarded by December 31, 2004 and as of this date only 15% of the funds have been designated. Tanker Update: Torborg reported that the manufacturer has repaired the 1999 tanker truck. The truck . was spilling water when starting and stopping. Two firefighters drove the truck to South Dakota and waited for the repairs to be completed. The repairs included moving the manhole to the middle of the tank and installing a free flow and check valves (supplied by the Department). During the repair the manhole was reduced in size to approximately 5" in diameter. Torborg stated that he has some concerns with the repai(, but will monitor the situation. LadderTruck Sale: Torborg reported the Tanker was sold to Bill Wasner for $ 2,153.00. St. Wendel Contract: Weyrens stated that she has not yet contacted St. Stephen but will inquire as to how St. Stephen bills St. Wendel for fire protection. Salk stated that each year at the annual meeting, constituents question why fire protection is St. Joseph is more than that provided by St. Stephen, when the portion covered by St. Stephen is larger. Weyrens questioned if St. Wendel contributes for operating and capital expenditures. Salk stated it is his understanding that St. Wendel only contributes towards . operating expenditures. The St. Stephen Fire Department has a gambling premise permit and capital _equipment is purchased through gambling funds. NEW BUSINESS New Hires/Retirement: Torborg stated the new firefighers are in the process of completing the required training. JoeZiebol has notified the department that he will be retiring in November and Wayne Revering will be leaving the department as he is moving and will not be in the Fire District. Torborg is requesting to wait until Spring 2005 to fill the vacancy as there is another Firefighter that may be moving. The Fire Board concurred with Torborg and will wait until Spring 2005. Fire Chief Conference: Torborg requested authorization for he and the Assistant Fire Chief, Terry Loso to attend the annual Fire Chiefs conference. Bechotld made a motion authorizing the Fire Chief and Assistant Fire Chief to attend the annual Chiefs Conference as requested; seconded by Utsch and passed unanimously. OTHER MATTERS Fire Hall Use: Torborg requested the Council reconsider the use of the Community Room for private parties. Three times within the past 6 weeks the damage deposit has been withheld for lack of cleaning or failure to reset the room. On one occasion the doors were left unlocked overnight and the lights remained on. Torborg suggested the Fire Board reconsider the availability of the room for private parties. T orborg verified that the room is checked each weekend morning and Andy Loso is called if additional cleaning is required. Torborg stated that on one occasion he cleaned the area himself. The Fire Board discussed increasing the fee as well as the damage deposit and agreed to review this matter at the November Fire Board Meeting. - - DRAFT ,~. ~ August 11,2004 Page 3 of 3 Sidewalk: Torborg questioned Utsch as to the' necessity for the proposed sidewalk along the west side of . 4th Avenue NE and if it is needed why would it not be installed on the east side of 4th Avenue. Utsch statèd that'it is his opinion that a sidewalk needs to be constructed on the west side of 4th Avenue NE due to the amount of pedestrian traffic moving towards Casey's. He further stated that constructing a sidewalk on the west side will match the walking area on Northland Drive, providing a continuous walking path. Torborg stated that the Fire Department discussed the proposed sideWalk and are opposed to any sidewalk on the west side of 4th Avenue. The opposition is based on public safety with fire trucks backing . out. To the Fire Department it makes more sense to construct the sidewalk 'on the east side of 4th Avenue NE. Torborg further stated that if the sidewalk is installed on the west side of 4th Avenue NE he is certain the Bank President will 'request a sidewalk on the east. Anòther concern from the'City Maintenance department is snow removal. If sidewalk is installed on the west side of 4th Avenue, all the snow will need to be hauled. Utsch sta-ted that the Council will review this matter once the City receives bids for the sidewalk extension. Adjourn: Bechtold made a motion to adjourn at 7:30 PM; seconded by Utsch and passed unanimously. Judy Weyrens Administrator - k, . NOTES TO THE COUNCiL............ Ballot Question Please find enclosed the ballot question that is proposed for St. Joseph. The question follows the format used by St. Cloud. Sauk Rapids is still in the process of approving their question. Tom Jovanovich has reviewed the question and he has made a few changes which have been incorporated. Since the Council has already motioned to include this matter on the November 2,2004 ballot, the action at this meeting should be a motion accepting the ballot question and requesting the same be transmitted to the Stearns County Auditor for inclusion on the ballot. Police Officer Hire The interview committee interviewed three part time officers, Joel Klein, Matt Johnson and Kevin Brown. All the officers scored well. It is the recommendation of the committee to hire Joel Klein as a full Time Patrol Officer at a starting wage of $ 16.87. This wage represents step 3 of the pay scale. Joel is currently working for the City of Albany as a patrol officer and is making almost $ 20.00 per hour. He has agreed to work for the $ 16.87 and if he is approved by the Council he begin full time on September 22, 2004, Therefore, the Council will need to make a motion authorizing the hire of Joel Klein with a starting salary equal to step 3 of the LELS Patrol Officer pay scale. . . Draft August 19, 2004 Page 1 of 6 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 19, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. Others Present: City Engineer Joe Bettendorf, City Attorney Tom Jovanovich, Tim Erkilla, Erica Hanson, Herman Gangl, Tom Gustafson, Dean Landowski, Mike Phillipp Approve AQenda: Rassier made a motion to approve the agenda with the following changes; seconded by Utsch and passed unanimously. 3e Water Truck not Sewer Truck 12 add c - election judges Consent AQenda: Wick made a motion to approve the consent agenda as follows; seconded by Utsch and passed unanimously. a. Minutes b. Bills Payable -Approve check numbers 34608-34663 c. Application for Payment - Authorize the Mayor to execute Application for Payment #2 for the Northland Plat 8 Improvements and authorize payment in the amount of $74,822.50 to Molitor Excavating. d. AUAR - Authorize the Mayor and Administrator to execute Resolution 2004- 23, Adopting the AUAR and Mitigation Plan for Arcon Development. e. Truck Equipment - Authorize the expenditure of $5,224 to equip the Water . truck with funds expended from the water fund. f. Capital Equipment - Authorize the Park Board to expend $867.09 to purchase 2 park benches and 2 garbage receptacles. Funds to be expended from Park Development. Public Comments to the AQenda: No one present wished to speak. MAYOR REPORTS APO MeetinQ: Hosch reported the APO will be meeting to discuss staffing levels. COUNCIL REPORTS RIEKE EDA MeetinQ: Rieke stated that the last EDA meeting was last week and the next regular meeting is scheduled for the third Wednesday in September. RASSIER APO/lnterQovernmental MeetinQs: Rassier questioned the August 31,2004 Intergovernmental Meeting and if an agenda has been established. Weyrens reported that the meeting will be held in St. Cloud and the agenda will include a presentation by GRIP, discussion on the % cent sales and establish Legislative strategy for 2005. WICK - No Report - - 1 Draft August 19, 2004 Page 2 of 6 . UTSCH 4th Avenue Sidewalk Extension: Utsch questioned the status of the 4th Avenue sidewalk extension from Minnesota Street East to Casey's. Weyrens stated that the City has not received a quote for the installation as of this date. Concept Plan - Rivers Edqe, ARCON Development: Tim Erkilla appeared before the Council on behalf of the property owner, Arcon,Development. Erkilla presented the Council with the concept plan for the plat entitled Rivers Edge. Erkilla stated that when reviewing a concept plan it is important to look at the big picture and not the details. The detail is part of the platting process. Weyrens stated the concept plan should be a review of the land use and if the proposed development is the best use of the property and if it is consistent with the St. Joseph Comprehensive Plan. Rieke stated that when reviewing this plan it is important to remember that the size of the proposed development will almost double the current size of the City. Erkilla stated that one major issue, which needs to be resolved, is the location and number of parks for the Development. Wick stated that the matter was on the last Park Board agenda and a representative from ARCON failed to attend. The Park Board did discuss the park area and concluded that due to the size of the development, two park areas may be required. Erkilla apologized for missing the Park Board meeting and requested to be placed on the next agenda. Weyrens stated that if the developer so chooses, a special meeting can be scheduled, with the cost of the meeting borne by the Developer. Erkilla stated the proposed development will consist of six general housing types and are as follows: · Senior Campus - 132 units, 15% of the total development · Custom Lots - Single Family detached homes 85 units, 10% of the total development . · Cove Lots (Entry Lots) - 480 units, 55% of the total development · Townhouses - 47 units, 5% of the total development · Patio Homes - smaller lots · Apartment Utsch stated that the Planning Commission reviewed the plat and identified the following areas of concern : · Park system and trails needed to be extended throughout the development. · Since the concept does not include lot sizes or dimensions, it is difficult to determine if the development meets the density requirements. · The Commission clarified the minimum lot sizes and setback requirements and requested the developer design the area with the Ordinance requirements. Rassier expressed his concerns with Jade Road and whether or not it will be a narrow road. Bettendorf stated that the road should be made wider and that the developer would be responsible for such. The Council questioned Bettendorf how Jade Road will be improved as one-half of the road is in St. Joseph Township. Bettendorf stated that the City cannot assess the cost for the improvement since the road is in the Township. However, he stated that he is familiar with entering into an agreement with the developer to construct the improvements and reimburse them for the cost of the improvements as development occurs. Hosch questioned Erkilla if the developer is aware of the Affordable Housing requirement. Erkilla stated that they have received a copy of the Joint Powers Agreement and he will defer this question to the developer. The Council was in general consensus to move forward to the Preliminary Plat after the developer meets - with the Park Board. - 2 Draft August 19,2004 Page 3 of 6 . Cloverdale Improvements - Public HearinQ: Mayor Hosch opened the public hearing and requested an update from Weyrens on the discussions since the last public hearing in January 2004. Weyrens stated that the hearing at this time is to consider the making of an improvement on 85m Street/7'h Avenue, Callaway Street, and Dale Street extending from East Baker Street. The City Council in January conducted a public hearing for the same improvements and tabled action to seek additional information. However, at the same meeting the Council authorized the annexation of the area as it was an island area. Since that time the Township has signed the Annexation Resolution and the property has been annexed. With regard to the additional information that was requested, Weyrens presented the following summary of actions: . Appraisal of property: Some of the affected property owners requested an appraisal of their property to illustrate the benefit of the improvement. It is the recommendation of staff not to complete an appraisal as the assessment is similar to that of area assessments and appraising each parcel would be cost prohibitive. Information has been obtained and analyzed regarding the actual average selling price of fully serviced lots in the City of St. Joseph. . Developer Benefit: It was expressed that the individual homeowner was subsidizing the developer. The project has been reviewed and the individual homes are not absorbing over sizing costs for the adjacent housing development. The developer will be installing their own utilities at their cost. The developer has indicated that he will only develop a small portion of land adjacent to Klinefelter Park in 2005. Originally the developer had indicated he was intending to develop all the remaining area in Graceview Estates. Bettendorf presented the Council with a revised preliminary assessment role. He stated that the costs have changed since the original projections in January. The increasing is due to the increasing price of steel. Bettendorf reiterated that the proposed project includes the reconstruction of 7'h Avenue and the . installation of water and sewer mains. The reconstruction of 7'h Avenue will include curb and gutter. The revised estimated cost for construction is $ 495,600. Bettendorf stated the proposed improvement will be assessed to abutting property owners. Based on the City policy, residents are responsible for paying 60% of the street costs and 100% of the water and sewer lines. In addition to the assessment, the City charges a water and sewer access fee, known as WAC and SAC. These fees represent the investment that the users of the utility have contributed towards the water and sewer system. With regard to the assessment policy, all platted lots are assessed a water and sewer charge as they have the potential of being developed. The assessment is not related to the number of parcel identification numbers assigned by the County Recorder. At this time Mayor Hosch opened the floor to those present and requested that questions be limited to the scope of the project, not the assessment. Before the assessments are adopted another public hearing will be scheduled where residents will have an opportunity to dispute the fees. Dean Landowski, 717 Dale Street E, questioned whether or not the City will appraise the lots before and after the improvement to assure the cost equals the benefit. Weyrens stated it is the recommendation of staff that an appraisal of the lots not be completed based. Staff is in the process of collecting data that illustrates the assessments are reasonable and do benefit the property. Landowski also asked if the water and sewer lines could be extended from Dale and Callaway, reducing the costs. Bettendorf responded that installing the lines in 7'h Avenue only require the tearing up of one street. In addition, for future development the lines need to be in 7'h Avenue. Tom Gustafson, 306 - lh Avenue SE questioned the following: 1. WAC/SAC Fees - Are the fees presented at this meeting the same new development is - paying. Weyrens responded that WAC/SAC fees are based on an established fee schedule using the use of the property as the determining factor. Therefore, all single family homes - 3 Draft August 19,2004 Page 4 of 6 . pay the same fee. With regard to the purpose of the fee, the fee is an investment into an established system and is used to update and enhance the utility system. 2. Road Paving - Gustafson stated it is his understanding that residents cannot be assessed for a road if they have already paid for the road. City Attorney Tom Jovanovich stated that he is unaware of any such provision but review any written material they can provide. Jovanovich clarified that roads have a useful life and it is reasonable to assume as a property owner that you will never have to pay a cost for pavement in the future. 3. Street Addressing - Gustafson questioned if the City will be installing new property addresses. Weyrens responded that the property owner is responsible for signing their owner property. 4. Street Grading - Gustafson stated that the residents have been requesting to have Dale and Callaway graded and it has not been completed. He stated the potholes are large and the road is not passable. Gustafson further stated that if the road is not graded the residents will close the streets. Weyrens stated that she will contact the Maintenance Department and assured the residents the roads will be graded. Herman Gang/, 3161h Avenue SE, questioned the following: 1. Water Line Size - Gangl questioned why the property owners are being assessed for the installation of a 10" water line as they only need a 6" main. Bettendorf responded that the residents will only be assessed for a 6" water line with the oversizing cost paid with City funds. 2. Lift Station - Gangl questioned if a lift station could be constructed reducing the extra depth. Bettendorf responded that constructing a lift station is expensive to build and maintain. The City only builds lift stations when absolutely needed. 3. Street Design - Gangl questioned if Dale and Callaway could be constructed as a cul-de-sac reducing traffic. Bettendorf responded that the City tries to minimize cul-de-sacs and it would . not be practical in this case. 4. Appraisals - Gangl questioned why the City is not completing an appraisal of the property. Jovanovich stated that the appraisal process is very expensive and staff does not believe it is warranted in this case. Further, the cost of the appraisal cannot be absorbed through the assessment process. Mike Phillipp, 3381h Avenue SE, questioned the following: 1. Drainage - Phillipp stated that he has a drainage issue in front of his property and questioned if the road will be lowered or raised. Bettendorf stated that is aware of the problems and they will be fixed during the improvement process. Typically when a road is converted from a rural street to an urban street, the surface is lowered to accommodate the drainage. 2. Driveway Access - Phillipp stated that he has previously received authorization from St. Joseph Township to have two curb cuts and he questioned if that approval would carry forward to the City. Jovanovich responded that the approval would carry forward to the City as it is a grandfathered use. 3. Graceview Estates - Phillipp questioned Graceview Estates and how they were being assessed. Bettendorf responded that they are being assessed for water/sewer using the same front footages as the residential neighborhood. Bettendorf clarified that the developer will still have to extend the water and sewer into the development, so he is paying the same proportionate share of the extension as the neighbors. 4. Time of Construction - Phillipp questioned how long the project is projected to take and if they will have access to their property. Bettendorf responded the project is estimated to last for 2 - 3 months. During that time they may not have access to their driveways, but that will be very limited. 5. Annexation - Phillipp questioned if this area has been completely annexed and what they are getting as far as City services since being annexed into the City. Weyrens stated that they have been annexed into the City, but they will not pay City taxes until January 2005. Weyrens - also advised Phillipp that he is getting City services such as police protection, snow removal, - 4 Draft August 19,2004 Page 5 of 6 . etc. Phillipp stated that he does not feel that the residents should be charged the City tax rate until services are provided. Tom Gustafson stated that at a previous meeting the developer indicated that he could provide services cheaper. Therefore, he questioned if the City would allow such to happen. Jovanovich stated that they could approach the developer and ask if he is willing to do so. However, if the developer completes the improvements, they cannot be assessed over time. Each property owner would be required to make arrangements with the developer. The financing of the improvement would be the individual responsibility of the property owner and all property owners must participate. There being no one further to comment, the public hearing was closed at 8:45 PM. Utsch made a motion to adopt the Resolution 2004 - _ Ordering the Improvements for the Cloverdale. The residents shall have 30 days to contact the developer to request the private construction of the improvements. If after 30 days the City does not have a response the public is ordered as a public project. The motion was seconded by Rassier. Discussion: It was clarified that 100% of the residents will be required to participate in the private project if the developer agrees to install the utilities. Hosch stated that when the project is designed, the drainage issues near Phillipp will be reviewed and the residents will only be assessed for an eight (8) inch pipe. CITY ENGINEER REPORTS Bettendorf stated that he had nothing to report at this time, however Wick had a question in regard to the street lighting project on Callaway. Bettendorf stated that they have contacted Excel about the electric . lines and they told them it is not their jurisdiction and Stearns Electric has indicated that they cannot meet the time schedule of the City. The project was to be completed before school but the timeline may not be met. ADMINISTRATOR REPORTS Electronic Filinq: Weyrens reported that the scanning project has begun and it has been determined that for security purposes, the information should be stored on a separate server that is controlled. As the City is moving towards storing files electronically, the data must be secure. In addition, the software company is advising the City to add the writer software so that information could be stored on CD's and sold, such as the Ordinance Book. The writer can also be used as a secondary backup. The funds could be expended from the refuse fund and paid back over a three year period. The cost of the software and server is approximately $ 7,900. Utsch made a motion authorizing the expenditure of $ 7,900 for the Lazer plus and to purchase a separate server. The expense will be covered through the refuse fund and reimbursed over a three year period. The motion was seconded by Wick and passed unanimously. Ballot Question: Weyrens presented the Council with a proposed ballot question asking for voter approval to collect the additional % cent sales tax. The question is written with general projects and includes Transportation, Parks and Community Buildings. The Council agreed with the general format as presented and requested to view the final question after the City Attorney has reviewed it. Election Judqes: Weyrens presented the Council with a list of election judges for the September 14, 2004 Primary Election and the November 2, 2004 General Election. The election judges are as follows: Rose Taufen, Marge Lesnick, Carol Trinklein, Elaine 1m holte, Jan Pfannenstein, Jack Schuh, Roman Meyer, Mary Generous, Rosella Dambowy, Dorothy Sadlo, Jane Reber, Adeline Gillitzer, Gladys Schneider, - Marie Przybilla, Mary Kay Moening, Josh Goerger, Deedra Duehs, Judy Weyrens, Leona Gapko, Shair - Boulette, Joann Schneider, Sarah Mix, Carol Anderson, Barb Schloemer, Bill Elfering, Doris Johnson, 5 Draft August 19,2004 Page 6 of 6 . Tammy Weiman, Mary Beth Munden. Wick made a motion to appoint the election judges. The motion was seconded by Utsch and passed unanimously. Street Name Desiqnation - 29th Area: Weyrens stated that before the street name can be changes on 295th and 103rd, the Council must approve the new street names. Weyrens suggested the following name changes: 1 03rd Avenue - change to 3rd Avenue SW 295th Street - change to Hill Street Rassier made a motion to approve the Street names as presented. The motion was seconded by Rieke and passed unanimously. Adjourn: Wick made a motion to adjourn at 9:00 PM; seconded by Utsch and passed unanimously. Judy Weyrens Administrator . - - 6 . CITY QUESTION BALLOT CITY OF ST. JOSEPH NOVEMBER 2, 2004 The cities of Sauk Rapids, St. Augusta, St. Cloud, and Sartell are currently receiving a portion of 1;i cent sales and use tax. This tax will end in 2005. The area cities would like the opportunity to continue this tax for another 17 years. Each year that the 1;i cent sales and use tax is collected; the fIrst $900,000 will go to fund the construction of a new Great River Regional library in St. Cloud. The rest of the sales and use tax will be returned to the cities to be used on other projects. The Legislature has not yet approved this 1;i cent sales and use tax. How you vote will determine what the Legislature is asked to do. The 1;i cent sales and use tax must be approved by the citizens of St. Joseph at this election in order for the City to receive any of the 1;i cent sales and use tax money for other City projects. To vote for a question, put an (X) in the square next to the word "YES" for that question. To vote against a question, put an (X) in the square next to the word "NO" for that question. A vote to approve the Yi cent sales and use tax in St Joseph by voting yes to any of the questions below is also a vote for the funding the Great River Regional Library. Based on a Joint Powers Agreement with the Cities of St. Cloud, Sauk Rapids, Sartell, Waite Park, St. Augusta and St. Joseph, St. Joseph will receive $ 2.69 for every dollar collected in St. Joseph. Shall the City of St. Joseph be authorized to impose a Yi cent sales tax for a period of 17 years and use the excess for the following projects: CITY QUESTION #1: REGIONAL TRANSPORTATION PROJECTS. . YES 0 NO 0 I approve the use of the Yi cent sales and use tax to pay all or part of the costs of regional transportation projects (such as Field Street and the northern by-pass) in the City of St. Joseph for a cost not to exceed 15 Million. CITY QUESTION #2: REGIONAL COMMUNITY FACILITIES. YES o NO 0 I approve the use of the Yi cent sales and use tax to pay all or part of the costs of regional community facilities (such as branch library and community center) in St. Joseph for a cost not to exceed 5 Million. CITY QUESTION #3: REGIONAL PARKS AND TRAIL SYSTEMS. YES 0 NO 0 I approve the use of the Yi cent sales and use tax to pay all or part of the costs of improvements in regional parks and trail systems (such as adding bathroom facilities to all parks, water amenities, expanded shelters, development of the Sauk River Park) for a cost not to exceed 3 Million. - - CITY OF ST. JOSEPH . www.cityofstjoseph.com St. Joseph City Council September 15, 2004 5:00 PM Administfdtor Judy Weyrens 1. Call to Order MdYor 2. Approve Agenda Lðrry J. Hosch 3. Consent Agenda a. Minutes - Requested Action: Approve the Sept 2 and Sept 8, 2004 minutes. Councilors b. Bills Payable - Requested Action: Approve Check Numbers AI Rdssier c. Gambling Permit - Requested Action: Acceptthe Gambling Premise Permit Ross Rieke for the Church of St. Joseph for events to be held on December 2, 2004 and February 6, 2005 at the St. Joseph Laboratory School. GdTY Utsch d. Application for Payment - Requested Action: Authorize the Mayor to execute Dðle Wick Application for Payment #1 for the 2004 Callaway Street Improvement and authorize payment in the amount of $ 155,985.44 to Larson Excavating. 4. Public Comments to the Agenda . 5. 5:00 PM - Recognition Awards 6. Mayor Reports 7. Council Reports 8. Administrator Reports 9. Adjourn . 2S- College Avenue North PO Box 668 . Sðint. oseph. Minnesotd S-6,74 Dhone ,2.0.,6,·72.01 I:d x ,2.0.,6,.0'42. DRAFT September 8, 2004 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Wednesday, September 8,2004 at 7:00 PM in the St. Joseph City Hall. . Members Present: Chair (Council Liaison) Gary Utsch. Commissioners S. Kathleen Kalinowski, Bob Loso, Mike Deutz, Marge Lesnick, Jim Graeve. Administrator Judy Weyrens. Others Present: Jim Odegard. Approve Aqenda: Loso made a motion to approve the agenda; seconded by Kalinwoski and passed unanimously by those present. Minutes: Loso made a motion to approve the July 12, 2004 minutes as presented; seconded by Lesnick. Ayes: Utsch, Kalinowski, Loso, Lesnick, Graeve Nays: None Abstain: Deutz Motion Carried 5:0:1 Deutz made a motion to approve the minutes of July 26, 2004 as presented; seconded by Kalinowksi and passed unanimously by those present. Lesnick made a motion to approve the minutes of August 2, 2004 with corrections to page 4, detailing the type of protection that is provided the Sauk River. The motion was seconded by Kalinowski. Ayes: Utsch, Kalinowski, Lesnick, Graeve, Deutz Nays: None Abstain: Loso Motion Carried 5:0:1 Public Hearinq, Interim Use Permit - Jim Odeqard: Chair Utsch called the hearing to order and stated the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in an R-1, Single Family Zoning District. The property is located at 736 College Avenue South. St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use permit as follows: Residential . rental provided the unit is owner occupied and provided the room (s) rented does not contain separate kitchen facilities ând is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. Jim Odegard spoke on his own behalf. Odegard stated that his property was recently annexed to the City of St. Joseph and he was unaware that he needed a rental license if part of his home is rented. Odegard stated that he originally was a tenant in the lower portion of the home and decided to purchase the home shortly before the property was annexed. The home functions as a duplex with two separate kitchen facilities and a common entrance. Odegard stated that the upper unit is rented to three unrelated persons and he questioned the portion of the Ordinance relating to separate kitchen facilities. Their being no one present to speak the public hearing was closed. Loso made a motion recommend the Council approve the Interim Use Permit for Jim Odegard allowing an owner occupied rental unit at 736 College Avenue South with the following contingencies: 1. The license will be reviewed annually, verifying Ordinance compliance. 2. The license in non-transferable 3. Approval of the Rental Housing Inspector. The motion was seconded by Graeve. Discussion Lesnick questioned if the home was rented to a family or individuals. Odegard responded that the tenants include three individuals and at this time he does not wish to reduce the number of tenants. . DRAFT September 8, 2004 Page 2 of 2 . Deutz questioned that if the property in question is a duplex, was the property assessed accordi~gly. Weyrens stated thatthe City was not aware the property was being used as a duplex, therefore It was assessed as a single family unit. Weyrens stated that since the property is operating as a duplex the maximum occupancy will have to be determined by the City Attorney and Rental Housing Inspector. During the review of the property, the assessment issue will also be addressed. Graeve questioned if the matter should be tabled until the outstanding issues are resolved. Weyr~ns stated that if the Planning Commission agrees with the Interim Use Permit, then the approval can Include the contingency that the maximum occupancy is to be determined by the City Attorney and Building Official. Loso agreed to amend the motion to add the following contingency 4. The maximum density will be determined by the City Attorney and Building Official. Graeve concurred with the amended motion and the motion carried unanimously. Safeshred - Amended Site Plan: Weyrens reported that Safeshred has submitted a revised site plan which reduces significantly the landscaping plan. The Planning Commission on August 2, 2004 approved the site plan for the construction of a 12,000 square foot facility. A requirement of the site plan is a unified landscaping plan. The builder has indicated that cost of the landscaping plan is prohibitive and has recommended removing the tree lines on the north and south property lines. Weyrens stated that the revision will also require EDA approval as the covenants for the St. Joseph Business Park requires screening of overhead doors and a more extensive landscaping plan. The St. Joseph Code of Ordinances only requires a unified landscaping plan. Based on that requirement the revised plan does meet the intent of the Ordinance, but requires approval by the Planning Commission. . After considerable discussion Loso made a motion to accept the revised site plan with the addition of 8 trees which should be placed on the property as follows: 2 on the north property line, 2 on the south property line and 4 abutting the parking area. The motion was seconded by Deutz and passed unanimously by those present. ~ OTHER MATTERS Candidate Forum: Graeve announced that the HCP and area civic groups will be hosting a candidate forum on October 12, 2004. The candidate forum is an opportunity to question the candidates running for the Mayor and Council positions. The forum will include prepared questions as well as random questions from those present. Proposed Amendment to the B2 Zoninq District: Deutz stated that he has previously discussed with Chair Utsch the amending of the B2 Zoning District to allow non-owner occupied rental units. Deutz stated that the homes along Birch Street are on the market and are too small for individual development. Therefore, he questioned if their could be a transition period where rental would be allowed. The Commissioners agreed to consider this request after the R4 Zoning District is completed. Special Meetinq Request: Weyrens stated that Dave Puchalla is re~uesting a special meeting of the Planning Commission to consider the construction of a duplex on 2n Avenue NW. The Commission agreed to meet on September 21, 2004 at 7:00 PM provided the application is complete. Adjourn: Graeve made a motion to adjourn at 7:40 PM; seconded by Loso and passed unanimously by those present. - Judy Weyrens Administrator - ~:. Minnesota Lawful Gambling Page 1 of 2 06/03 . LG220 Application for Exempt Permit Fee $50 For Board use Only . Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number Church of St. Joseph 736/ð Street (mailing address) City State/zip code County 12 H Minnesota Stree>t St. Joseph MN 56374 Stearns Name of chief executive officer (CEO) Daytime phone number of CEO First name Last name Include area code Fr. Greg Miller, OSB, Pastor (320) 363-7505 Name of treasurer Daytime phone number of First name Last name treasurer. Include area.code Bill Lorentz (320) 363-7505 Type of Nonprofit Organization Check the item that best describes your organization: Fraternal _ Religious ~ - - Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status (501 c designation) _ Certificate of Good Standing from the Minnesota Secretary of State's Office (must be current . _ A charter showing you are an affiliate of a parent nonprofit organization 7Proof preYiously submitted and on file with the Gambling Control Board . Catholic Directory Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Joseph Laboratory School . . Address (do not use PO box) Ctty State/zip code County 32 H Minnesota Street St. Joseph MN." 56374 Stearns Date(s) .of activity (for raffles, indicate the date of the drawing)' . February . 6 , 2005 Check the item(s) that indicate the type of gambling activity your organization will be cOnducting: _ *Bingo JL Raffles (ëash prizes may not exceed $12,000) _ *Paddlewheels - *Pull-tabs _ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. ThisJorm will be made available in name and address will be public Board whose work assignment requires altemative format (i.e. large print; Braille) information when received by the Board. that they have access to the information; upon request, The information requested All the other information that you provide the Minnesota Department of Public on this form (and any attad1ments) will be will be private data about you until the Safety; the Minnesota Attomey General; used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit¡ all of the information Administration¡ Finance, and Revenue; the be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor¡ national and Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agendes; supply the information requested; howeveJ; become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information, the you a permit, all the information you have individuals and agendes that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and, as a consequence, may permit remains private, with the exception law to have acœss to the information; refuse to issue you a permit. If you supply of your name and your organization's name individuals and agendes for which law or the information requested¡ the Board will and address which will remain public. legal order authorizes a new use or sharing ~ be-able to process your application. Private data about you are available only to of information after this Notice was given; Your name and and your organization's the following: Board members¡ staff of the and anyone with your consent. -- . LG220 Application for Exempt Permit Page 2 of2 . 06/03 Organization Name Church of St~Joseph, St. Joseph, MN 56374 . Local Unit of Government Acknowledgment If the gambling. premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this applicàtion. the county is taking on this application. D The city approves the application with no D The county approves the application with no waiting period. .' waiting period..· . D The city approves the application with a 30 day D the county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and aHows the Board to issue a permit after 30 days (60 days för a first class permit after 30 days. city). D The.city denies the application. . D The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) TItle TItle Date~~_ . .' Date-.-J~_ TOWNSHIP: On behalf ofthe township, I acknowledge that the organization is applying fòr exempted 'gambling activity within the township limits. [A township has no statutory authority to approve or deny an aþplicatlòn (Minn. Stat. sec. 349.213, subd. 2).] Print name Qf township (Signature oftownship official acknowledging application) Title' Date---.J---.J_ Chief Executive Officers Signature The information provided in this application is co to the best of my knowledge. Chief executive officers signature ~ Name (please print) Date 9 /'9 /~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: · the completed application, · a copy of your proof of nonprofit status, and · a check for $50. Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board . 1711 West County Road 8, Suite 300 South Roseville, MN 55113 ~-~ Minnesota Lawful Gambling Page 1 of 2 06/03 LG220 Application for Exempt Permit Fee $50 For Board Use unly · Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number Church of St. Joseph 73ð/{) Street (mailing addTess) City State/zip code County 12 H Minnesota S tre e"t St. Joseph MN 56374 Stearns Name of chief executive officer (CEO) Daytime phone number of CEO First name Last name Include area code Fr. Greg Miller, OSB, Pastor " . ( 320) 363-7505 Name of treasurer Daytime phone number of First name Last name treasurer. Include area code Bill Lorentz ( 320) 363-7505 Type of Nonprofit Organization Check the item that best describes your organization: Fraternal _ Religious ~ - - Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status (501 C designation) _ Certificate of Good Standing from the Minnesota Secretary of State's Office (must be CUTrent _ A charter showing you are an affiliate of a parent nonprofit organization 7 Proof pr~Yiou~ly submitted and on file with the Gambling Control Board Cathol~cD~Tectory · Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, listthe site where the drawing wiH take place) St. Joseph Lab~ratory School Address (do not use PO box) City State/zip code County 32 \'Ì Minnesota Street St. Joseph NN" 56374 Stearns Oate(s)of activity (for raffles, indicate the date of the drawing)· December 2 , 2004 Check the item(s) that indicate the type of gambling activity your organization will be cónducting: _ *Bingo JL Raffles (cash prizes may not exceed $12,000) _ *Paddlewheels _ 'Pull-tabs _ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. ThisJorm wiH be made available in name and address wiH be public Board whose work assignment requires altemative format (i.e. large print; Braille) information when received by the Board. that they have access to the information; upon reqUest. The information requested All the other information that you provide the Minnesota Department of Public on this form(and any attachments) will be will be plivate data about you until the Safety; the Minnesota Attorney General; used by the Gambling Control Board . Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit¡ all of the information Administration¡ Rnance¡ and Revenue; the be invoived in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor¡ national and Minnesota. You have the right to refuse to process of applying for your pennitwill intemational gambling regulatory agencies; supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information¡ the you a permit! all the information you have individuals and agencies that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and¡ as a consequence¡ may permit remains private! with the exception law to have access to the information; refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies for which law or the information requested¡ the Board will and address which will remain public. legal order authorizes a new use or sharing be able to process your application. Private data about you are available only to of information after this Notice was given; · Your name and and your organization's the following: Board members! staff of the and anyone with your consent. .' LG220 Application for Exempt Permit Page 2 of2 06/03 Organization Name Church of St~Joseph, St. Joseph, MN 56374 . Local Unit of Government Acknowledgment If the gambling. premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. o The city approves the application with no o The county approves the application with no waiting period. .. waiting period. . . . o The city approves the application with a 30 day o The county approves the application with a 30 day waiting period, and allows the Boardto issue a waiting period, and allows the Board to issue a permit after 30 days (6û days for a first class permit after 30 days. city). o The city denies the application. ·0 The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Dats____L--1_ . .' Date----.-J----1_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exemptedcgambling activity within the township limits. [A township has no statutory authority to approve or deny an applicatibn (Minn. Stat. sec. 349.213, subd. 2).] Print name Of township (Signature of township official acknowledging application) Title· Date----1-----1_ Chief Executive Officer's Signature The information provided in this application is complete and ac::ur te to the best of my knowledge. ~ Chief executive officer's signature Name (please print) Fr. Greg Date 9 I~~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: · the completed application, · a copy of your proof of nonprofit status, and · a check for $50. Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board - 1711 West County Road B, Suite 300 South - Roseville, MN 55113 ~ SEH . September 8, 2004 RE: St. Joseph, Minnesota 2004 Callaway Street Improvements SEH No. A-STJOE 0404 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No.1 for this project. We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: . Larson Excavating SEH City of St. Joseph If you have any questions, please feel free to call us. ?;llY' Trac¿~ RJ:'r .... ' Project Engineer S t ¡J 1- ø ( ,. uv"t Jmw CITY OF ST. JOSEPH Enclosures x :\S\stjoe\04()4()()\spccs\APL-O.doç -. - Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717. St. Cloud. 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'(3 ,!g 0 CJ ..-::> (/) eo 0 UJ Wu.Z 0 ~ (]) ctI 3:.8'2: s:: ZOZ xo u.x, :¡¡ Q 00 ¡:: fa "",' s:: .s::. 13 ~ en ::J Üo 0 "<t Õ O..J 001- >- I- >- C/) 0 III I,,· ::J .... .!!1 ..... ~ E C/) 10 ..J J: III 0 >- m Z < CJ) I- a: W (J) '" (]) E 'C :5 .... Q) Q) a: (') 0 W 0 1-. I- 0 «- 0. ,- .s::. 0·- .s::...- - a: «0:5 b r5 II 1-'::: .8 == ¡ij> £; I- :5"<tJ: (/)a..CJ) OQ.(/) o a: I- ."".,,1:,...',., fa a: c u. a.. -:.III w W Z Ò a: I-...J ,.,(J) C C o z g w ~ ". == ~ C Z C ¡:: I- 0 2 0 "14~ 0 w ~ UJ . < 0 ~ < - I- .".",.;1"" _ w ~ == > o w w ~ ',...J CJ...J ~ 0 0 ::i "":I I- .;< Z < ..::: ~ 0. OZz .... -I- «I- III 0 0. D. a: :r: 0 10 '-~O:l: 0 ::> w 0. « 0.. 0 o:~ I- 0 I- CJ) a: < St. JosePh Volunteer Fire Department ST. JOSEPH, MINNESOTA 56371- . Randy, Effective August 31,2004, I will be resigning from the St. Joseph Fire Department as I am relocating to the Freeport area. Thank you for the opportunity to work with this great group of firefighters. Sincerely, W~ ~~~ Wayne Revering . . COUNTY OF STEARNS .=' Department of Highways PO Box 246 . St Cloud, 1v1N 56302 (320) 255-6180. FAX (320) 255-6186 MITCHELL A. ANDERSON, P.E. September 8, 2004 Highway Engineer JEFF MILLER, P.E. Asst. Highway Engineer JODI L. TEICH, P.E. TO: Stearns County Township Chair Asst. Highway Engineer Stearns County City Clerks I am sending this Notice to you of this year'shearing for our proposed Five Year Highway Construction Program. NOTICE FOR FIVE YEAR CONSTRUCTION PROGRAM Notice is hereby given that the Stearns County pepartment of Highways . will consider a Five-Year Highway Construction Program using federal funds, state aid funds, and local funds at a meeting to be held in the Stearns County Public Works Building, located at 455 28th Avenue South, Waite Park, NIN., on Tuesday, October 5, 2004 at 7:00 p.m. I want to emphasize that this hearing is on a proposal only and at this time has not been adopted in any way by the County Board. They will await the outcome of the Public Hearing prior to adopting the program and its final fonn. Copies of the proposed program will be available at the hearing. If yöu have any questionspertai...."'1Í11g to this matter, please contact me. >. Sincerely, -J11~ a.O~~ Mitchell A. Anderson, P .E. County Engineer RECEIVED MAA/cms SEP 1 0 2004 ......, CITY OF ST. JOSEPH . cc: .t'lle 8898 "Affirmative Action / Equal Opportunity Employer" V Rajkowski . 11 Seventh Avenue North ~~~~~~~S lid. P.O. Box 1433 RECEIVED St. Cloud, MN 56302-1433 September 3, 2004 SEP 0 8 2004 CITY OF ST. JOSEPH 320-251-1055 Shingobee Builders, Inc. 1642 75th A venue South Toll Free 800-445-9617 St. Cloud, MN 56301 Fax 320-251-5896 Cole Group Architects 216 Park Avenue South rajhan@rajhan.com Suite 102 \NvW'/.rajhan.com St. Cloud, MN 56301 RE: City of St. Joseph - Perfonnance Bond No, 401773 Dear Sir or Madam: This letter serves to notify you that the City of St. Joseph ("the City") finds that you have breached the warranty provision of the Construction Contract between the City, . Shingobee Builders, Inc. ("the Contractor"), and Cole Group Architects ("the .Architect"). The-City's engineering expert has examined the walls inside the St. Joseph Maintenance Building. The defective design and construction of these walls is in breach of Section Frank J. Rajkowski .. 3,5.1 of the Construction Contract, which warrants that "the Work will be free from Gordon H. Hansmeier defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents." Frederick L. Grunke Thomas G. Jovanovich' The City has also provided you with a Notice of Contractor and Architect Default Paul A. Rajkowski' pursuant to Section 3.2 of the Performance Bond. If you have any questions regarding this matter, please do not hesitate to contact me. Kevin F. Gray William J. Cashman Sincerely, Richard W. 50balvarro RAJKO~SKl aJSMEIER LTD. Susan M. Dege JA / / LeAnne D. Miller By ~ Sarah L. Smith-Larkin Thomas G. ova ovich Troy A. Poetz RWS:kjs Joseph M. Bromeland cc: Judy Weyrens e Gregory J. Haupert Laurel J. Pugh Frank J. Rajkm'lSki and Richard Vi Sobah;arro are admitted to practice in North Dakota, Gordon H. Hansmeier În North Dakota and VVisconsÎn, Paul A. Raj/{m·.rski and Sarah L Smith in V/iscomin and V'¡ilJiam 1. Cashman in South Dakota. · V Rajkowski 11 Seventh Avenue North . ~~~~~~~I lid. P.O. Box 1433 St. Cloud, MN 56302-1433 September 3,2004 320-251-1055 Shingobee Builders, Inc. 1642 75th Avenue South Toll Free 800-445-9617 S1. Cloud, MN 56301 Fax 320-251-5896 Universal Surety Company P.O. Box 80468 rajhan@rajhan.com Lincoln, NE 68501 www.rajhan.com Cole Group Architects 216 Park Avenue South Suite 102 S1. Cloud, MN 56301 RE: City of S1. Joseph - Perfonnance Bond No. 401773 . Dear Sir or Madam: Enclosed please find a Notice of Contractor and Architect Default from the City of S1. Joseph pursuant to Section 3.2 ofPerfonnance Bond No. 401773. Frank J. Rajkowski·· Gordon H. Hansmeier If you have any questions regarding this matter, please do not hesitate to contact our associate attorney, Laurel Pugh, or me. Frederick L. Grunke Thomas G. Jovanovich" Sincerely, Paul A. Rajkowski" RAJKOWSKI HANS í fr'R LTD. Kevin F. Gray 1. / William J. Cashman By lj/ Richard W. Sobalvarro Thomas G. J Susan M. Dege LeAnne D. Miller TGJ:kjs Enclosure Sarah L. Smith-Larkin cc: Judy Weyrens Troy A. Poetz . 'i M. Bromeland (;il"l"!'Q"ory J. Haupert Laurel J. Pugh Frank J. RajkOl'VSki and Richard Ii\( Sobalvarro are admitted to practice in NorthDakota, Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. RajkoVl'5ki and Sarah L. Smith in Wisconsin, and William J. Cashman in South Dakota. . NOTICE OF CONTRACTOR AND ARCHITECT DEFAULT PURSUANT TO SECTION 3.2 OF THE PERFORMANCE BOND With this document, the City of St. Joseph ("the Owner") hereby declares a CONTRACTOR AND ARCHITECT DEFAULT against Shingobee Builders, Inc. ("the Contractor") and Cole Group Architects ("the Architect") for defective work performed on the 31. Joseph Maintenance Building located at 1855 Elm Street East, St. Joseph, MÜmesota. This CONTRACTOR AND ARCHITECT DEFAULT is brought pursuant to Section 3.2 of Performance Bond No. 401773, dated October 16,2002. Notice of this CONTRACTOR AND ARCHITECT DEFAULT is also being given to Universal Surety Company ("the Surety"). On April 22, 2004, the Ovmer provided notice to the Contractor, Architect and Surety that it was considering declaring a Contractor and Architect Default on the Performance Bond. The Contractor, Architect and Surety have not been able to resolve this issue, and the Owner has therefore initiated this CONTRACTOR Al\TD ARCHITECT DEF AUL T. The Owner agrees to pay the balance of the contract price to the Surety in accordance . with the terms of the Construction Contract or to a contractor selected to perfOllli the Construction Contraçt in accordance with the terms of the contract with the Owner. Dated this 7--1 day of September, 2004. By e DRAFT September 2,2004 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session . on Thursday, September 2, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Ross Rieke, Dale Wick. Administrator Judy Weyrens. Others Present: Shannon Smith Approve AQenda: Rassier made a motion to approve the agenda with the following corrections: 5 Delete and reschedule for September 16, 2004 3 (b) Delete -Bills Payable 10 (d) Delete until a later time The motion was seconded by Utsch and passed unanimously. Consent AQenda: Wick made a motion to approve the consent agenåa as follows; seconded by Rassier and passed unanimously. a. Minutes - Approve the minutes of the August City Council meetings b. Bills Payable - DELETED c. Liquor License - Authorize the Mayor and Administrator to execute the Liquor License for Stonehouse Tavern. d. Application for Payment - Authorize the Mayor to execute Application for Payment #7 for the Northland Plat 7 improvements and authorize payment to R.L. Larson in the amount of $ 19,927.75. e. Application for Payment - Authorize the Mayor to execute Application for Payment #1 for the 2004 Callaway Street Construction and authorize payment to Larson Excavating in the amount of $ 155,985.44 f. Application for Payment - Authorize the Mayor to execute Application for Payment #10 to . R.L. Larson for the Liberty Point Improvements and authorize payment to R.L. Larson in the amount of $ 2,066.25. g. Hazard Mitigation Plan - Authorize the Mayor and Administrator to execute Resolution 2004-26 supporting the efforts of Stearns County in developing a Hazard ~itigation Plan. h. Capital Equipment Purchase - Authorize the trade of the 1999 John Deere Tractor for a 2004 John Deere with a net cost of $12,493.25 Field Street Study - Consultant Hire: Weyrens reported that the selection committee for the Field Street Study Corridor reviewed four proposals for service. After reviewing the proposals, the Committee agreed to interview two Engineering Firms, Bonestroo and WSB. It was the unanimous recommendation of the Committee to retain WSB for completing the Field Street Study Corridor. Utsch stated that as a member of the Committee he is confident that WSB is the right firm to complete the project. While both firms had extensive credentials, WSB scored the highest. Scott Marick of the St. Cloud Area Planning Organization assisted the committee in narrowing the firms to two. Marick used the Mndot ranking system to rate each of the applicants. Marick and City Engineer Joe Bettendorf prepared the material for the interv,iews with the interview consisting of a short presentation followed by questions and answers. Wick made a motion authorizing the Mayor and Administrator to execute a contract between the City of St. Joseph and WSB for the completion of the Field Street Study Corridor. The base price of the contract is $ 154,995.74 with alternatives totaling $ 43,217.08. The motion was seconded by Rassier and' passed unanimously. Storm Water Report: Shannan Smith of SEH presented the Council with the final Storm Water Report. The focus of the report is to gather information that pertains to storm water and water quality. The report combines existing conditions and developed conditions. Smith stated that a Storm Water Report is - needed to analyze the water resource, storm water and natural resources as they relate to development and changes in landscape. The Storm Water Report is a tool for the City to plan development looking at - DRAFT September 2, 2004 Page 2 of 3 the City's needs while identifying green spaces, wetlands and low spots. Smith stated the report contains five sections, which include the following: . Section One Introduction - Includes the authorization and need and identifies other local jurisdictions that are involved with natural resource management and development. Section Two Physical Environment and Natural Resource Information which includes: Topography, geology, hydrogeology, soils, precipitation, lakes, rivers, wetlands, and land and water use. Section Three Hydrologic Analysis - An area of 10.5 square miles (6700 acres) was analyzed using the HydroCAD hydrologic model to determine existing and developed watershed outflow rates. The 10.5 square mile area represents the planned Orderly Annexation area. Section Four Goals and policies that include differing management strategies, St. Joseph's goals and policies and pond design standards. Section Five Implementation - The Storm Water Management Plan is an ongoing document that will need to be revised overtime to remain effective. Mayor Reports Off Campus Housino Meetino: Hosch reported that he participated in the annual Off Campus housing meeting that is hosted by the administration of CSB and SJU. Hosch stated the purpose of the meeting is to review the expectations while attending school in St. Joseph. The Police Chief also participated, discussing alcohol related issues. MN Transportation Alliance: Hosch reported that he attended the MN Transportation Alliance meeting. . EDA Activities: Hosch reported that during the budget process the -EDA discussed becoming a member of the St. Cloud Partnership. The Partnership can assist the City while developing the Industrial Park. Utsch stated that before the Council is requested to join the Partnership he would like additional information as to what services they provide and the benefit to the City. Hosch reported that the EDA is recommending the Council appoint Ken Jacobson of CMS Autobody to replace the vacancy on the Board. The vacancy is due to the resignation of Michael Deutz. Rieke made a motion to accept the appointment of Ken Jacobson to the EDA filing the vacant seat. The motion was seconded by Wick and passed unanimously. COUNCIL RIEKE Truckino Complaint: Rieke reported that he, like other Councilors received a complaint regarding trucks using MN Street. Rieke questioned if the City can secure weighing equipment to enforce the weight restrictions on local roads. Hosch stated that the trucks using MN Street are within the limits as MN Street was constructed as an 11 Ton road. The City cannot stop trucks from using the road as we do not have a legal means to do so. Rieke questioned if the City could ask the drivers as a courtesy to not use MN Street or is their a way to slow traffic by adding additional stop signs. Wick stated that he too received a complaint, but it is his understanding the City cannot prohibit such. Hosch further stated that when County Road 2 is realigned to CR 75, truck traffic will chose an alternate road, until that time they will have to use roads that are built for truck traffic such as MN Street and 2nd Avenue NW. - - DRAFT September 2, 2004 Page 3 of 3 . RASSIER - No Report WICK - No Report UTSCH Temporary SiQn - Utsch stated that he has been approached by St. Joe Auto Sales, Tom Gustafson, requesting a temporary sign to assist the St. Joseph Food Shelf. Gustafson indicated that he has already used the maximum days he is allowed for a temporary sign and is looking for a way to assist the food shelf. The Council was in general agreement to allow Gustafson a temporary sign to advertise for the food shelf. The Council requested that Gustafson work with Administration to secure the necessary permits. ADMINISTRATOR REPORTS Police Hire: Weyrens reported the police interview sub-committee interviewed three part time officers of the St. Joseph Police Department to fill the new patrol officer position. It was the recommendation of the committee to hire Joel Klein at step three of the patrol wage scale. Klein has been employed by the City of Albany for six years and Chief Jansky is recommending credit be given to Klein for his experience. Rassier made a motion to hire Joel Klein as Patrol Officer with a starting wage of step 3. The motion was seconded by Rieke and passed unanimously. Sales Tax Ballot Question: Weyrens presented the Council with the final draft of the proposed ballot question seeking authorization to impose of % cent sales tax. The first $ 900,000 of the sales tax collected in the region will be used to fund the Great River Regional Library. Previously the first $ . 900,000 was split between the St. Cloud Civic Center and Library. It was the consensus of the sales tax committee that the best use of regional funds is the Great River Regional Library. Rassier made a motion accepting the ballot question as presented and requested the same be submitted to the Stearns County Auditor for inclusion on the November 2, 2004 General Election. The mQ.tion was seconded by Utsch and passed unanimously. Sidewalk Extension - 4th Avenue NE: Weyrens reported that the Public Works Director has secured a quote to extend sidewalk along 4th Avenue NE from Minnesota Street to CR 75. The quote exceeds $ 12,000. In discussing the sidewalk with the City Engineer, he stated that the cost is high due to the small size of the project. He suggested the City contact the contractor for Morningside Acres to determine if they would be interested in pouring the sidewalk at the same time the Morningside Acres sidewalk is extended. Hosch questioned which side of the road the sidewalk will be installed. Utsch stated that he is recommending the sidewalk be constructed on the west side of 4th Avenue NE so that it will match the walking area across CR 75 on Northland Drive. Rassier stated that the foot traffic he sees is heading to Casey's Store and concurs the sidewalk should be placed on the west side of 4th Avenue NE. The Council was in agreement that when the sidewalk is constructed, it will be placed on the west side of 4th Avenue NE. Adjourn: Utsch made amotion to adjourn at 8:15 PM: seconded by Wick and passed unanimously. Judy Weyrens Adm inistrator - -