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Home My WebLink About1995 [01] Jan 05 {Book 07} (4 ~AA/' -.q.¡ ·v Mayor Donald "Bud" aeber Councilors AI Ken Hiemenz .1 First Avenue NW aoss Hieke Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph. Minnesota 56374 (6121 363-7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH aachel Stapleton CITY COUNCIL MEETING January 5., 1995 - 7:00 P.M. AGENDA OLD COUNCIL 1. Call to Order 2 . Approve Minutes - December 6, November 10, December 15. 3 . Bills Payable 4. Outgoing Council Reports NEW COUNCIL · 1. Call to Order 2 . Oath of Office 3 . Approve Agenda 4. Mayor Appointments 5. Mayor Reports 6. Council Reports 7 . Clerk\Administrator Reports a) Liquor Violation b) Consent Agenda Resolution c) Other Matters of Concern 8. CONSENT AGENDA a) Application for payment #5 (final) West Minn. Street b) Fire Contract Amendment c) Parking Tickets - 2/000 cost $1,216 d) Amendment to Ordinance 61 9. 8:00 P.M. OPEN TO THE PUBLIC · 10. Recess 11. OLD BUSINESS a} Affordable Housing b} Access Channel Equip. c) Sidewalks d} ROW Property Request e} Comprehensive Plan * f} Police Chief Contract * g} Snow Removal h} Tape Recording Equipment i} Exempt Non-exempt Empl. j } Vacating Alleys * k} Water System Improvement 12. 8:30 p.m. City Engineer Joe Bettendorf Reports a} Phase One Audit - Roske Property 13. 9:00 p.m. Mark Twain Cablevision Resolution - Mike Pfeiler 14. Adjourn. · . ~ MAYOR APPOINTMENTS 19'35 . 1. Actinq Mayor - Ross Rieke 2. Police Commissioner - Mayor Reber 3. Street Commissioner - Mayor Reber· 4. Sidewalk Commissioner - Ken Hiemenz 5. Weed Control Commissioner - Mike Sworki 6. Assistant Weed Control Commissioner - Judy Weyrens 7. Planninq Commission Votinq Liaison - Cory Ehlert 8. Planninq Commission - S. Kathleen Kalinowski, Kurt Schneider, Hub Klein Chairperson 9. Joint Planninq & DAB - Cory Ehlert 1Ø. Park & Recreation Liaison - Bob Loso 11. Forester - Mike Sworski 12. Water & Sewer Commissioner - Leo Sadlo 13. Water & Sewer Inspector - Leo Sadlo 14. Buildinq Inspector 15. Assistant Buildinq Inspector 16. Rental Housinq Inspector - Alan Rassier, Asst Hub Klein 17. Fire Chie:f - Dave Theisen 18. Assistant Fil~e Chie:f - Frank Loso 19. Fire Advisory Board - Rachel Stapleton, Bob Loso, Dave Theisen 20. Emerqency Services Director - Bob Loso . 21. APO Executive Liaison - Mayor Reber 22. APO Full Board - Mayor Reber, Planninq Chair Hub Klein, Cory Ehlert 23. APO Sewer District Representative - Leo Sadlo 24. Stearns County Leaque o:f Cities Representatives - Mayor Reber, Ken Hiemenz 25. 3-Member Health Board - Ken Hiemenz, Ross Rieke, Thomas Newton MD 26. Police Interview Committee - Brad Lindqren, Leo Sadlo, Mayor Reber, Mike Loso 27. O:f:ficial Newspaper - St. Cloud Times 28. O:f:ficial Depository - First State Bank o:f St. Joseph, a First Bank o:f St. Cloud, Zapp Bank 29. Historian - Ken Kuebelbeck 30. CORE Committee Representatives - Ross Rieke, Rachel Stapleton, Brad Lindqren ¡ 31. Personnel Policies - Bob Loso, Ross Rieke 32. Hirinq Committee - Mayor Reber, Bob Loso, Ross Rieke, Ken Hiemenz, Cory Ehlert 33. Star Commission - Ken Hiemenz 34. St. Cloud Area Economic Devlopment Partnership Liaison - Mayor Reber "NOTE.. Please review and contact the Mayor with any suqqestions you· may have at your earliest convenience. . ~ Jl/ Mayor Donald "Bud" Reber Councilors to Ken Hiemenz . First A venue NW Ross Rieke .0. Box 668 Bob Loso St. Joseph, Minnesota 56374 Stephanie Hazen (612) 363·7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton ADMINISTRATOR'S REPORT TO COUNCIL ~ DATE: January 3, 1995 r TO: Honorable Mayor and Members of the c~ FROM: Rachel Stapleton, Clerk/Administrat r ~ 2 . An omission from the December 15th meeting was approval of an on-sale non-intoxicating malt liquor license for the College of St. Benedict. Would you like to just handle this as an omission from the minutes and include approval of the December 15 minutes? 4. The Mayor will discuss information from Dale C. Haug which is included in your packet. . 7 a. Liquor violation - Information from John is in your packet. 7 b. A resolution approving use of a consent agenda is included for your consideration. Cities which use a consent agenda have found that it saves time at council meetings. One motion may be made to approve the consent agenda which effects approval of all items on it. Otherwise one motion may be made to approve the consent agenda excluding a specific item or more, to allow discussion of them at the meeting. 8 a. Joe Bettendorf prepared and recommended approval of the final application for payment as is included in your packet. 8 b. Information is included in your packet. Approval is requested. 0 8 c. Chief Lindgren is requesting to purchase parking tickets with a recommendation of 2,000 for $1,216. Under the consent agenda the motion may state that approval is for a specific quantity as proposed. 8 d. This amendment restates the amount of insurance and bond to conform to the past city requirements for licensing contractors which are not licensed under state law. When this ordinance was amended to included those contractors which are not licensed under state law the state requirements were inadvertently used rather than the past city requirements. 11 f. Confidential information is included in the Council packets. . 13. Mike Pfeiler, Manager of Mark Twain cablevision will appear before you at the meeting to discuss the resolution and any other issues. &....' --: :- . J , . 13. Mike Pfeiler, Manager of Mark Twain cablevision will appear before you at the meeting to discuss the resolution and any other issues. Also included in the packet is 1) a letter of appreciation from Joe Bettendorf in which he states that engineering rates will not rise until April 1995. 2) Purchase agreement information from John Scherer. 3) APO Technical Advisory Committee meeting information. 4) NSP Calendars. I do not know if they are of value that this is a problem, but would surmise that the value of them is insignificant. If any of you have any questions, comments, or concerns prior to the meeting be sure to call me at 363-7201. . . ~ . j ~. . IPursuant to due call and notice thereof, the City Council for the Ci ty of st. Joseph met in regular session on Thursday, December 15, 1994 at 7:00 p.m. in the st. Joseph City Hall. Members Present: Mayor Donald "Bud" Reber. Council Members Ross Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Deputy Clerk Judy Weyrens. Others Present: City Attorney Tom Jovanovich, Irvin Klocker, Dan Pueringer, Jerry Rennie, Gary utsch, Dale Victor, Dick Taufen, Leo Sadlo, steve Dehler, Cory Ehlert, Edith Hiemenz, Art Hiemenz, Joe Bettendorf, Jerry Hirschfeldt. Approve Aqenda: Hazen made a motion to approve the agenda with the following additions: Clerk/Administrator Reports: d) Lot Split request; e) Employee Vacation Request; Dick Taufen will be reporting in the place of the Police Chief, Brad Lindgren. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Public Hearinq - Tax Increment Financinq: Mayor Reber opened the . hearing at 7:05 p.m. and turned over the floor to Dean ot terson, Stearns County HRA. Mr. Otterson stated that the purpose of the hearing is to consider the formation of Municipal Development Project No. 1 and the adoption of Tax Increment Economic Development District Number One, pursuant to Minnesota Statutes Chapter 469. The adoption of the Plans for the Project and District will enable the City to assist the development by private enterprise of an expansion to DBL Labs, Inc. , and future industrial and business expansion within the Project, through the installation of necessary public improvements. The plans delineate the use of tax increment~ generated from DBL labs, Inc. Expansion to reimburse DBL Labs for qualified project costs on a "pay-as-you-go" basis as authorized by the statute. Mr. Otterson stated that the hearing contains two components; declaring a Tax Increment District, and Defining Municipal Project 1 - DBL Labs Expansion. DBL Labs is proposing a 1 million dollar expansion project, adding 9750 square feet to the existing structures. The proposal would also add 40 full time employment positions. Since the City is providing the financing mechanism, the City would enter into a contract with DBL Labs clarifying the number of additional jobs that need to be maintained and the wage and benefit requirements of those jobs. Construction is scheduled . for early spring, 1995 with occupancy in July 1995. The TIF project is classified as a "pay-as-you-go" plan. DBL Labs will pay the increased property tax each year, and after the City receives the money from the County Auditor-Treasurer they will 1 l . ~ . December 15, 1994 refund DBL Labs. If DBL Labs does not perform under the terms of the contract, the City is not obligated to pay DBL Labs. Dick Taufen questioned the amount of the loan and what it encompasses. otterson stated the TIF loan is in the amount of $ 115,550 and breaks down as follows: $50,000 site preparation, $ 20,000 City expenses, $11,000 Capitalized interest and $ 34,266 for expenses already incurred. The City would not see an increase in property tax for a minimum of eleven (11) years. At the time of maturity of the contract, DBL Labs would be required to pay the full property taxes. Dick Taufen questioned the number of employees employed by DBL Labs tha t live in st. Joseph. Jerry Hirschfeld, owner DBL Labs, stated that approximately 35 of 235 employees have st. Joseph addresses. After considerable discussion, the hearing was closed at 7:30 p.m. Hazen made a motion approving the resolution establishing the TIF District as presented and accepting Municipal District 1, DBL Labs. The motion was seconded by Reber. . Discussion: Rieke questioned Jovanovich if he was comfortable with the agreement as presented, at which time he stated he was. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Public Hearinq - DTED Grant: Mayor Reber opened the hearing at 7:35 p.m. and turned the floor over to Dean otterson. Mr. at terson stated that the purpose of the hearing was to establish an economic development area and make application for a $500,000 revolving loan fund grant. DBL Labs needs to purchase specialized equipment along with the expansion. In researching financing alternatives, they approached the Department of Trade and Economic Development, who suggested a revolving loan fund. Mr. otterson stated that the City needs to establish an economic development area (EDA) and it can then apply for funding. The revolving loan fund is a grant program provided through federal funds and administered by the state. If selected for this grant, the City would receive $500,000 to loan to businesses for retention or expansion. At this time DBL Labs is requesting the funding and will pay back the City over a specified time period. As this money comes back to the City, it could then be used to assist other businesses. Jovanovich questioned the mechanics if DBL Labs would default on e the loan. otterson responded that the money DBL Labs receives is a grant and if they default the City would not loose any money. The revolving loan fund would be decreased the amount of default. 2 4 . ) - . December 15, 1994 Jovanovich questioned who monitors the grant and what impact does this application and grant have on the City's financial rating and bonding ability. otterson stated that the City is in charge of monitoring and financial reporting, but his office would assist the City in filing the forms. Since the revolving loan is an asset, with no liability, there should not be an adverse financing impact on the City. Loso questioned if the money received in this revolving loan fund could be used for building additional infrastructure or City facilities. otterson will check into this and report back to the Council. Hiemenz questioned where the City made the decision to make application for the grant, what security is attached to the loan and does this application adversely affect the City's ability to apply for future loans. otterson responded that DBL Labs sought additional financing and saw this application as a way to help build the industrial park. Once this money is received it can be used to help develop the industrial park. As far as the security, it would be secured by. a second, third, and fourth mortgage. Federal funds are available each October and one application does not nullify the City from future funding. otterson stated that this grant is a competitive grant and DBL Labs has agreed to pay all the costs incurred during the application process. Taufen questioned the interest rate charged to the companies qualifying for the grant. otterson responded that the interest rate varies, but he estimates that the interest rate will be between 3% and 6%. Once the application is approved, DTED makes a recommendation as to the interest rate. Hiemenz questioned the status of the cleanup with regard to the MPCA and if the grantor has been notified of the needed cleanup. Hirschfeld stated that they have made plans to comply with the request of the MPCA and money has been set aside in escrow for the financing. Jovanovich questioned the resolution where it states that the City of st. Joseph is not purchasing property. Otterson stated that it refers to property with regard to the DBL area project. . Mayor Reber closed the hearing at 8:00 p.m. Loso made a motion authorizing the city to make application for an economic development grant, establishing a revolving loan fund. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen. 3 · , December 15, 1994 Nayes: None Abstain: Hiemenz. Motion Carried 4:0:1 Rieke expressed his gratitude for all those involved in helping st. Joseph become aggressive in industrial development and he looks forward to the partnership with DBL Labs. OPEN TO THE PUBLIC - No one present wished to speak. Hazen made a motion to recess at 8:15 p.m. ; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Mayor Reber reconvened the meeting at 8:30 p.m. Approval of Minutes: The November 10 and December 6 minutes were tabled to January 5, 1994. Hazen requested that the status of Brad Meyer's resignation be reviewed. Loso made a motion to approve the minutes of December 1 and December 14, 1994; seconded by Reber. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: Hazen. Abstain: Rieke Motion Carried 4:1:1 Bills Payable: Deputy Clerk Judy Weyrens presented the bills payable and overtime. After discussion, Loso made a motion to approve the bills payable as presented, check numbers 20417-20450; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hi emenz . Nayes: None. Motion Carried 5:0:0 Weyrens stated that the Police Officers have requested to be paid the overtime from the Safe and Sober program on a weekly basis. The Council would receive a listing of all overtime related to this program as well as all overtime. Loso made a motion to approve the overtime and callouts. as presented and pay the overtime for the Safe and Sober program as it is earned; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Dick Taufen - Fire Chief: Taufen reported that the new fire truck has been ordered and he is requesting authorization to advertise the old truck for bids. The advertisement would be placed in the League of MN Cities Bulletin, the Fire Chiefs publication and an additional fire publication. The City would not be releasing the equipment until the new truck is received. Hazen made a motion authorizing the Fire Department to advertise for sale the old fire truck; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 The Fire Department is requesting authorization to make application for a $50,000 grant from the International Lions for the purchase 4 ~ . ò . December 15, 1994 of a tanker. The estimated cost of the new tanker is $ 80,000 to 85,000. The remaining balance would be expended from the equipment reserve fund. Loso made a motion authorizing the Fire Department to make application for a $50,000 grant from the International Lions Club for the purchase of a tanker. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 MAYOR REPORTS Snow Removal: Reber stated that he has received complaints from residents questi oning why the Ci ty removes snow from private sidewalks along College Avenue. Taufen stated that when the signal lights were installed, the removal of snow from the sidewalks was part of the agreement. Reber felt that the City could continue to plow the snow to the side and only remove the snow that was placed on the sidewalk by city snow vehicles. Loso and Hiemenz stated 4IÞ that this matter was discussed during the last snow season and the only way around this situation is to center plow the snow and remove it with an auger. At this time it is not practical for the Ci ty to purchase the necessary equipment. After considerabl e discussion, Reber requested that this matter be placed under Old Business for discussion at the January 5, 1994 City Council meeting. APO: Reber stated at the recent APO Executive meeting the preservation of 24th Street was discussed. A trust has been formed to prevent preservation of corridors by constituents against preservations. Since this could have a major impact on municipalities, the APO is continuing to check into this matter. Also discussed at the APO meeting was the naming of the Highway 15 Bridge. The names have been narrowed to 6 and the class of '96 will be voting on the name. Public Hearinq - Water Storage Facility: Mayor Reber opened the hearing at 8: 35 p.m. The purpose of the hearing is to gather information on the water system improvement project, which includes the storage faci I i ty pro ject funded in part wi th a community development public facility grant. Weyrens presented the status of the expenditures and revenues for . the water storage faci 1 i ty and transmission lines. Addition:' " she stated that st., Joseph continues to assist low to mor income families by support of the following proje·:ts: County HRA will begin construction on 12 family dw~ be occupied by low to moderate income families; ~ of the DTED grant, the City Council has approve( areas which wi II be occupied mainl y by low to 5 . , - . December 15, 1994 families. There being no one present wishing to speak or presenting written comment, Mayor Reber closed the hearing at 8:40 p.m. Hazen made a motion accepting the information as presented; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 COUNCIL REPORTS Rieke Cable Resolution: Rieke stated that he received a resolution from Mark Twain Cablevision, which will be discussed at a later time. Hazen: Fire Department Appointments: Hazen stated that the Fire Department has submitted their recommendations for Officers for 1995. Hazen made à motion approving the following appointments: . Fire Chief - Dave Theisen; Assistant Fire Chief - Frank Loso; Secretary - Terry Loso; Treasurer - Jim Marthaler. The motion was seconded by Hiemenz. Discussion: Reber questioned if the Fire Chief needs to be available for all fires. As Theisen is a butcher and cannot leave his business readily, would this pose a problem. Taufen stated that there is an Assistant Chief and First, Second, and Third Captains who would be able to handle the situation. Ayes: Rieke, Loso, Hazen, Hiemenz. Nayes: Reber. Motion Carried 4:1:0 Street Addressinq: Hazen made a motion to not accept the resignation of Brad Meyer from the street addressing committee and structuring the committee to be composed of Brad Meyer and the City Engineer Joe Bettendorf. The motion was seconded by Hiemenz. Discussion: Hiemenz stated that he spoke with Meyer at which time he stated that he could only work with the Engineer and did not wish to get involved with politics. Rieke requested that the motion be amended to encourage Meyer to rescind his resignation and work with the City Engineer in future street numbering. He also stated that he wished he would have supported Meyer and Bettendorf when the presentation was made. The plate in front of him requires . that he makes decisions for the betterment of st. Joseph and wishes to move forward. Hiemenz concurred that he may have erred and supports the amendment. 6 to.; t:; -Il .,..., - . . l -. December 15, 1994 Ayes: Rieke, Loso, Hazen, Hiemenz. Nayes: Reber. Motion Carried 4:1:0 Loso Skating Rink Attendants: Loso reported that the following have been hired as skating rink attendants: Jeremy Forsell, Jed Wiesser, Andy Loso. The hours are 4:00 p.m. - 9:00 p.m. Monday through Friday and Saturdays and School Breaks 11:00 a.m. through 9:00 p.m. Loso stated that he would make signs to post for the warming house hours. Loso commended the Maintenance Department for their work on the skating rink. The rinks are in excellent condition. Hiemenz Park Commission: Hiemenz questioned the action taken at the December 1, 1994 City Council meeting with regard to the appointment to the Park Commission. After reviewing the Ordinance, the Park Commission is only allowed seven members, of which one is a Council Liaison. The new appointment would place the Park Commission in violation of the enabling Ordinance. This matter should be placed under old business for consideration at the January 5, 1994 meeting. Final Budqet Hearing: Mayor Reber opened the budget hearing at 8:50 p.m. Reber stated at this time the Council needs to consider the final budget as presented. Loso made a motion approving the following resolution; seconded by Hazen. RESOLUTION APPROVING 1994,TAX LEVY COLLECTIBLE IN 1995 Be it resolved by the City Council of the City of st. Joseph, County of Stearns, Minnesota, that the following sums of money be levied for the current year, collectible in 1995, upon the taxable property in the City of st. Joseph for the following purposes: General Fund Levy $ 196,372 1992 Bond Levy 8,000 1993 Bond Levy 19,000 AND WAIVER OF - 1986 Bond Levy (16,980) --------- - Total Levy 223,372 Total General Fund Budget $ 802,517 7 · December 15, 1994 (See appendix A for detail) Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 The hearing was closed at 9:00 p.m. Clerk/Administrator Reports 1996 Liquor/Amusement Licenses: Loso made a motion to approve the following licenses; seconded by Hazen: st. Joseph Liquor Shoppe: Cigarette License st. Joseph Recreation Assn: Cigarette, On-Sale Non Intoxicating st. Joe Gas & Bait: Cigarette La Playette: Cigarette, Amusement ( 9) American Legion: Cigarette, Amusement ( 5 ) Loso's Pub: Cigarette, Off-Sale Intoxicating, Amusement ( 9) Sal's Bar: Cigarette, Off-Sale Intoxicating, Amusement ( 6) EI Paso: Cigarette, Off-Sale Intoxicating, Amusement (10 ) st. Joe Meat Market: Cigarette Loso's Store: Cigarette Krebsbach Oil/Super America: Cigarette M & T Liquor: Cigarette st. Joseph Saints: On Sale Non-Intoxicating Bo Diddley's: On Sale Non-Intoxicating Discussion: Hiemenz questioned if st. Ben's required any licenses. Weyrens stated that they do require a wine license, which is renewed in June of each year. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Mark Twain Cablevision Resolution: Mark Twain Cablevision is in the process of restructuring financially. Since the Cable company is franchised by Ordinance, they are requesting the City to pass an Ordinance consenting to the sale of ownership interests in Mark Twain Cablevision limited partnership. City Attorney John Scherer has recommended the City request financial information regarding the successor entity. Additionally, the City should receive some information to satisfy itself that the successor has the financial ability to provide quality cable television service as well as the technical experience and expertise needed. A provision also needs to be included securing the agreement for the purchase of access equipment. Rieke made a motion authorizing Scherer to receive the necessary information so the resolution can be adopted. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. - Nayes: None. Motion Carried 5:0:0 - Refuse Contract: Weyrens stated that since the Tri County Waste 8 . . , . . December 15, 1994 Commission has disbanded, the refuse haulers are requesting an extension for bids. The current refuse hauler has agreed to continue the current contract until bids are received. The projected bid date is late January. Loso made a motion to re- establish the refuse bid date in late January; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Lot Split Request: Subway Foods is in the process of purchasing the vacant lot West of Kay's Kitchen, along County Road 75. However, the parcel is part of the legal description for the entire trailer park. Therefore, they are requesting to split the front four lots off the remaining portion. Hazen made a motion to approve the lot split pending Plann~ng Commission approval. The motion was seconded by Reber. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 The legal descriptions are as follows: .. Parcel No: 84.53796.000: The East 38 feet of Lot 10 and Lots 7, 8, 9, 12, 13, 14, 15, and 16, Block 1 and Lots 13, 14, 15 and 16, Block 2 all in Loso's Third Addition to Village of st. Joseph. Lots 1, 2 and 3, Block 1; and Lots 5 thru 14, inclusive, Block 2 all in Loso's Sixth Addition to Village of st. Joseph. Lots 3 thru 16 inclusive and that part of Lot 17 lying Northerly of a line running parallel with and distant 140 feet. Northerly of the following described line: Beginning at a point on the East line of Block 2 in Loso's Fifth Addition to the Village of st. Joseph distant 365.3 feet North of Southeast corner thereof; thence Westerly at an angle 0 of 94 degrees 20 minutes with East line of Block 2 in said Loso's Fifth Addition to Vi 11 age of st. Joseph (when measured South to West) a distance of 1671.9 feet; thence deflect to right on a 10 chord spiral curve of decreasing radius (spiral angle 2 degrees 15 minutes) a distance of 300 feet and there terminating, all in Schneider's Addition to Village of st. Joseph, Stearns County, Minnesota. Parcel A: The East 38 feet of Lot 10 and Lots 7, 8, 9, 12, 13, 14, 15, and 16, Block 1 all in Loso's Third Addition to Village of st. Joseph. Lots 1, 2 and 3, Block 1; and Lots 5 thru 14, inclusive, Block 2· . all in Loso's Sixth Addition to Village of st. Joseph. Lots 3 thru 16 inclusive and that part of Lot 17 lying Northerly of a line running parallel with and distant 140 feet. Northerly of the following described line: Beginning at a point on the East 9 . . . December 15, 1994 line of Block 2 in Loso's Fifth Addition to the Village of st. Joseph distant 365.3 feet North of Southeast corner thereof; thence Westerly at an angle of 94 degrees 20 minutes with East line of Block 2 in said Loso's Fifth Addition to Village of st. Joseph (when measured South to West) a distance of 1671.9 feet; thence deflect to right on a 10 chord spiral curve of decreasing radius (spiral angle 2 degrees 15 minutes) a distance of 300 feet and there terminating, all in Schneider's Addition to Village of st. Joseph, stearns County, Minnesota. Parcel B: Lots 13, 14, 15 and 16 all of Block Two, Loso's Third Addition. Vacation Carry-over Request: Dick Taufen and Jim Marthaler have requested to carryover vacation hours into 1995. Hiemenz made a motion allowing Taufen to carry over 80 hours and Marthaler to carry forward 24 hours. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Newly Elected Officials: Weyrens stated that Councilor elect Ehlert has requested to attend the League of MN Cities seminar for . newly elected officials. The seminar ~s February 3 and 4 in Minneapolis. Hiemenz made a motion authorizing the attendance of Councilor elect Ehlert to attend the Newly elected officials seminar. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 OLD BUSINESS Affordable Housinq: Tabled until further information is received from Dean Otterson. Shared Taxi-ride: Dale Victor appeared before the Council to discuss the possible subsidy of a shared taxi ride for st. Joseph residents. This program would allow residents transportation within st. Joseph. The City subsidy would be based on the total number of participants per ride. The more riders per fare, the lower the subsidy. Since budget constraints are a problem for most municipalities, service hours could be reduced. The estimated first year subsidy is $8,000. Rieke stated that the service would be an asset to the community, and the City needs to determine the level of participation they are . willing to risk. The City could set a dollar limit for subsidy and plan accordingly. The City is growing and transportation will become an issue. 10 . . . ~ . December 15, 1994 Victor stated that it would take at least one year for the program to be successful and have increased ridership. Victor also stated that he would be willing to approach the local organizations to see if they would financially support the program, but he would first like a commitment from the City. Hazen made a motion encouraging Victor to continue pursuing the Shared Ride Taxi. The Council fully supports the project and recognizes the importance of transportation for the residents of st. Joseph. As important as the residents of st. Joseph is the survival of the st. Joseph businesses. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 CITY ENGINEER REPORTS Water Tower Liqhtinq: Joe Bettendorf, City Engineer, reported on the status of extending the water tower lighting hours. The tower . is currently set to be illuminated from 5:00 p.m. to midnight. At the request of the Council, Bettendorf presented cost figures to light the tower from dusk to dawn. The additional cost to light the tower from dusk to dawn is approximately $ 340.00 per year. Gary utsch questioned why we are lighting the water tower. Hazen stated that the money used to light the water tower was part of the money received from the grant. Rieke stated that lighting the water tower is a nice way to advertise the City. Hazen made a motion to illuminate the water tower from dusk to dawn; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Application for Payment - Water Tower Liqhtinq: Bettendorf presented the application for payment to Design Electric for the water tower illumination. Rieke made a motion to approve the application for payment to Design Electric in the amount of $ 9468.65; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Loadinq Zone: Bettendorf stated that he has contacted all the businesses along the west side of College Avenue from the alley southto Minnesota street to discuss the traffic problems when deliveries are received. The parking problem could be resolved by . posting a sign that stated "Loading Zone, Thursday 10:00 a.m. - 2:00 p.m." The loading zone would be the entire half block, posted with three signs. All the businesses have agreed to this change. Additionally, the curb should be painted yellow 30 feet back from the stop sign. 11 . .- . December 15, 1994 Rieke made a motion to change the current signage to the recommendation of the City Engineer, install the signs and notify the property owners and Police Department. The notification should also indicate that the City will purchase and install the signs. However, if the property owners wish to change the delivery date, they must appear before the City Council and incur all expenses to change the signage. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Bettendorf also presented costs on installing a four way flashing light at the intersection of Minnesota street and College Avenue. The cost of installing the light is estimated at $ 9825 with an additional $4,000 for decorative poles. The Counci I concurred that the change in signage as stated above would resolve the traffic problem and a flashing light would not be needed. East Minnesota street: Bettendorf reported on the status of the reconstruction of County Road 134. The project is currently scheduled in the 1995 plan with the County. The County would only be paying for the middle 20' of the roadway with the City being - . responsible for the remaining portion. Before the City is ready for the project infrastructure, annexation and access issues need to be addressed. Bettendorf stated that he has contacted County Engineer Doug Weiszhaar who stated no objection to delaying the project one year. Reber stated that the residents along East Minnesota street have recently been assessed, and imposing another assessment could cause financial hardship for some. Bettendorf presented the following estimated cost breakdown: Expenses Revenue street $ 850,000 County street $ 235,000 storm Sewer $ 400,000 County storm Sewer $ 240,000 Sanitary Sewer $ 100,000 Street Assessments $ 370,000 ------------ Sanitary Sewer Assmts $ 75,000 $ 1,350,000 ---------- $ 920,000 The City would be responsible for the shortfall of $430,000. Bettendorf suggested that the City determine the needs for the future and establish a Capital Improvement Plan. After discussion, Hazen made a motion to send a letter to the Board of Commissioners requesting the reconstruction of County Road 134 . be re-scheduled for budget year 1995. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. 12 . . · December 15, 1994 Nayes: None. Motion Carried 5:0:0 The Council discussed the improvement of County Road 121 and the extension of the Beautification Project. Reber stated that he would like to see the beautification project extended south on County Road 121. Hazen and Hiemenz questioned if the beautification project shouldn't be extended from County Road 75 on north on College Avenue first. Rieke concurred. Edith Hiemenz questioned why the City would improve an area that is surrounded by tax exempt properties. Bettendorf stated that the watermains need to be expanded as well as street repair. Even though the benefiting property is tax exempt, the City has the authority to levy special assessments against those properties. Since this project is not scheduled in the next year, the Council agreed to discuss this matter at a later time. star City: Hiemenz made a motion authorizing the City Engineer to · work with the star Commission and establish a capital improvement plan for the Council to review. The motion was ~econded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Hazen questioned the status of Old Business and if the Council could receive an update on the items. Reber stated that they could request that information for the next meeting. After considerable discussion, the City Offices are requested to check the status of the Old Business items and report back to the Council. Adiourn: Loso made a motion to adjourn at 10:10 p.m. ; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Judy Weyrens Deputy Clerk · 13 · , - · 12484 Juniper Road St. Joseph, MN 56374 December 13, 1994 City of St. Joseph Attn: Mayor "Bud" Reber 21 NW 1st Avenue St. Joseph, MN 56374 Dear Bud, Thank you for all of the trust you have shown me in the past. I would like to present myself as a candidate for the building official for the City of St. Joseph, however, I must share with you a deep concern of mine. My proposal would not change from the proposal I presented to you a year ago. The fees would cover the work I would be performing, · as well as the expenses that I now must incur to hire a person to be my legs out on the construction sites. My main concern is that I do not know if I will be able to perform my duties as needed during the busy times - spring start ups and the fall rush to beat the frost. As I am unable to perform the duties of a building official on a permanent basis, I have had to resign my duties with the Ci ty of St. Cloud as their Chief Building Official. If my issues are not a major concern of the City, I would be interested in working with the City of St. Joseph as its 0 building official. Thank you. f Sincerely, Oak CI!O-Uf Dale C. Haug 363-8366 . · . . ~ · /"l; ¡r-' 11A.. iJ · ~ . 12494 Juniper Road .' _~ -_·_4\1.&'''·i¿!<:"t!*'-,'.r;~,-:: St. Joseph, MN 56374 November 26, 1993 Honorable Mayor "Bud" Reber St. Joseph City Hall St. Joseph, MN 56374 Dear Sir, I would like to take this opportunity to present myself to you as a candidate for building official for the City of St. Joseph. I have enclosed a resume for a quick overview of my background. In addition to the work experience noted, I currently handle the inspection service for St. Joseph Township. When a municipality establishes a permit fee structure, it is important that the fees cover the costs of the · service. Fees are intended to also cover a share of administration and overhead costs. Therefore, the City of St. Joseph should establish some overhead costs and decide how much a builder or owner should pay for a permit. Estimating the costs of a construction project is done by various means. I will establish the following policy: 1 ) When provided, contract prices will be honored. 2 ) Owners estimated costs will be used (if obvious it is not possible, adjustments will be made). 3 ) State average construction costs are published annually. Adjustments for ea~h community are used for estimating costs of projécts. 0 The fee schedule provided represents options availabl2 to the city. The following is imy su·;¡gested fees for a $50,000.00 permit. Valuation Fee Inspection Service City UBC 1979 $50,000.00 187 @ 75% 140.20 46.75 UBC 1982 $50,000.00 283 @ 50% 141.50 141.50 Plan review fees are charged at 65% of a permit fee as per state code and paid to the inspection service, as it is a fee for service charge. . I will provide the city with a daily inspection service and daily communication with builders and owners. ~ . . . . Monthly reports will be provided by the 5th of each month. This will aid in preparing all state and federal monthly reports. Thank you for letting me present my proposal as an alternative to the City of st. Joseph's current inspection service. Sincerely, /-~- - I { .--' / , I' '-~r l idcu<-:; // Dale C. HaÜg 363-8366 . 0 6 . . . . . , . TABLE NO. 3-A BUILDING PERMIT FEES UBC 1979 TOTAL VALUATION FEE $1.00 to $500.00 $5.00 $501.00 to $2,000.00 $5.00 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $20.00 for the first $2,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $25,000 . $25,001.00 to $50,000.00 $112.00 for the first $25,000 plus $2.00 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $187.00 for the first $50,000 plus $2.00 for each additional $1,000 or fraction thereof, to and including $100,000 0 $100,000.00 to $500,000.00 $287.00 for the first $100,000 plus $2.50 for iach additional $1,000 or . rraction thereof, to and including $500,000 $500,000.00 and up $887.00 for the first $500,000 plus $1.00 for each additional $1,000 or fraction thereof . " < , , . BUILDING PERMIT FEES TABLE 3A UBC 1982 $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 first $500 plus $1.50 for each additional $100 or fraction thereof, to and including $2,000 $2,001.00 to $25,000.00 $32.50 first $2,000 plus $6.00 for each additional $1,000 or fraction thereof to and including $25,000 $25,001.00 to $50,000.00 $170.00 first $25,000 plus $4.50 for each . additional $1,000 or fraction thereof to and including $50,000 $50,001.00 to $100,000.00 $283.00 first $50,000 plus $3.00 for each additional $1,000 or fraction thereof to and including $100,000 $433 for first $100,000 plus $2.50 for each additional $1,000 or fraction thereof 0 j . " p ~ , Dale C. Haug . 12494 Juniper Rd. St. Joseph, MN 56374 (612) 363-8366 OBJECTIVE I'm looking for a municipality that can and will use my building inspection experience, design experience and architectural drafting and estimating education. BUILDING INSPECTION EXPERIENCE 9/86 to present City of S1. Cloud 400 2nd S1. South S1. Cloud, MN 56301 Chief Building Official 7/80 to 9/86 City of S1. Cloud 400 2nd S1. South S1. Cloud, MN 56301 Plan Reviewer Certified MN Building Official #1005 CONSTRUCTION EXPERIENCE 7/76 to 7/80 . Miller Companies P.O. 1228 S1. Cloud, MN 56302 . Marketing Manager 1/72 to 7/76 Miller Companies P.O. 1228 S1. Cloud, MN 56302 Design Draftsperson MILITARY EXPERIENCE 1/70 to 1/72 United States Anny Infantry 0 Combat injured Medically retired 6/69 to 1/70 Miller Companies ~ P.O. 1228 S1. Cloud, MN 56302 Design Draftsperson EDUCA TION 9/67 to 6/69 North Dakota State College of Science Wahpeton, ND 58075 Graduate: Architectural Drafting and Estimating 9/66 to 9/67 North Dakota State College of Science . Wahpeton, ND 58075 Coursework: Civil Engineering Technology 6/66 Graduate Central High School Grafton, ND 58237 co ~ ~ PERSONAL ' Age 45. Married with two children. . Excellent health with the exception of limitation of mobility because of lower leg injuries. I enjoy outdoor activities. Activities include: Member American Legion; Veterans of Foreign Wars; Disabled American Veterans; Northstar Lodge Masons; Past High Priest Royal Arch Masons; Nazerine Commandery; Osman Temple Shrine, Circus Director, 3 years, GOøKart Mobile Unit; Past President, 3 years, Church Council, 6 years, Choir member; Board of Directors Northstar Chapter International Conference of Building Officials, currently Secretary. REFERENCES Mr. Chris Hagley City of St. Cloud 400 2nd Street South S1. Cloud, MN 56301 Mr. Doug Reid City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55121 Mr. Merlyn Jerzak College of S1. Ben's . S1. Joseph, MN 56374 f . #.' - · ORDINANCE 23: PARK BOARD The City Council for the City of st. Joseph hereby ordains: section 23.1: Members and Terms. There shall be established a Park Board consisting of seven members appointed by the Mayor with the approval of the city Council. Subd. l. six members of the Board shall be residents of the City of st. Joseph who shall be appointed for a term of three calendar years. The terms of these members shall be staggered so that no more than two members shall have terms expiring in any given year. To achieve staggered terms, some of the initial appointments may be for a term of less than three ,; years. Members shall serve until their successor is appointed and qualified. Members shall receive compensation as may be established by resolution of the city Council. Members may be removed by the Mayor with approval of the City Council. Subd. 2. The remaining member of the Park Board shall be appointed annually by the city Council and shall be one of its own members. The City Council member of the Board shall not have · voting powers and shall serve a term of only one year. section 23.2: Officers. The Board shall elect from its.members a Chair, Deputy Chair and Secretary for a term of one year. The Chair shall preside over all meetings, represent the Park Board before the City council, and undertake such other responsibilities as may be delegated or authorized by the By-Laws of the Park Board. The Deputy Chair shall assume the duties of the Chair in the Chair's absence. The secretary shall prepare agendas for meetings and maintain records of business transacted by the Park Board. Section 23.3: Meetingg. The Park Board shall hold at least one regular meeting during every three month period. It shall adopt rules and by-laws for the transaction of business. Section 23.4: Reports. Subd. 23.4.1. On or before the second Council meeting of January of each year, the Park Board shall file a statement of receipts and expenditures incurred during the previous calendar year. The Park Board shall maintain records to document each receipt and expenditure to support the annual statement. Subd. 23.4.2. On or before August 1st of each calendar year, the Park Board shall deliver to the City Clerk a proposed · operating budget for the upcoming calendar year. The budget shall be considered and approved by the City Council prior to its implementation. Any changes or amendments in the operating " ~ - budget Jof the Park Board shall be resubmitted to the City Council . for approval. Section 23.5: Duties and Responsibilities. T.he Park Board shall have the following duties and responsibilities, subject to the restrictions contained in section 23.6: Subd. I. The Park Board may acquire land for park purposes. Subd. 2. The Park Board shall assert control and authority over property set aside for park purposes. Subd. 3. The Park Board shall interview and recommend the employment of necessary personnel, and recommend compensation for personnel. 0 Subd. 4. The Park Board shall direct the construction of facilities and improvements to park property. Subd. 5. The Park Board shall purchase necessary materials, supplies, equipment, and services for the development and maintenance of parks as well as the implementation of recreational and educational programs. Subd. 6. The Park Board shall maintain and care for . park property. Subd. 7. The Park 'Board shall provide for free musical and other entertainment for the general public. Subd. 8. The Park Board shall plan and develop educational programs and activities for residents of the city. Subd. 9. The Park Board shall promote public interest and understanding of the City's parks, programs, and activities. Subd. 10. The Park ~oard shall coordinate recreational park activities with other community organizations or groups. Subd. II. The Park Board shall solicit contributions from other organizations and businesses to be used for the funding of park programs. Subd. 12. The Park Board shall undertake such other responsibilities or duties as may be specifically delegated by the city Council. section 23.6: Limitations. The Park Board may not undertake any of the following actions or activities without prior approval of the City Council. . , Subd. 1- Enter a contract for the purchase of . property, equipment, goods, materials, or services for more than $3,000. Subd. 2. Hire an individual as an employee of the City of st. Joseph. This provision does not limit the authority of the Park Board to employ independent contractors to provide specific services if the total consideration for the contract is less than $3,000. Subd. 3. Expend monies not specifically authorized or designated in the budget approved by the City Council, or approved amendments thereto. Subd. 4. Order park related ¡.¡ork to be performed by employees of the City Maintenance Department which is outside the scope of the usual and customary park related duties and responsibilities of the employees. The city Council further ordains that Ordinance 23, setting the date of elections, shall be merged with Ordinance 22, and for purposes of the Code, it shall be renumbered as Section 22.3 of the Code. This Ordinance was passed by the city Council for the city of st. Joseph this -Li!... day of ¡V/CÅyc-Í1 , 1994. . fLaMl ~~ Mayor ~~ N:\city\stjoe\afOl1394.221 . C-. ft BY-L.\WS -- ST. JOSEPH CITY PARKS COMMISSION ~ . . Article I. Name of Commission The name of the organization shall be the St. Joseph City ParlŒ Comnission. : Article II. Authorization The authorization for the establishment of the Citv Parks Commission is set forth as an advisory organization to the St~ Joseph City Council. Article III. Membership The City Parks Commission may consist of ten ClO) voting members to be appointed by the St. Joseph City Council and one Cl) member of the City Council to serve as an ex-officio liaison member of the Commission. Article IV. gTerm of Membership and Vacancy The terms of the appointive members shall be a minimum of three (3) years. Any vacancies during the unexpired term of an appointive member shall be filled by a Search Committee with the approval of the Council for the remainder of the term. Ex-officio members will be appointed by the City Council. Appointment shall be made by the Council before the January meeting. Terms of office shall be January 1 through December 31. A minimum of s i'( C 6) member s 9-nd not more than ten (lO ) members. . Article V. Officers Section 1 Elections The City Parks Commission shall elect from its membership a Chairman, Vice-Chairman and Sëcretary. The Board shall elect officers when a vacancy is created by resignation, or unanimous agree~nt of the Board. Elections shall be at the December meeting. Section 2 Duties of the Chairman The Chairman shall preside at all meetings of the Parks Board Commission and shall have the duties normally conferred by parliamentary usage of such officers. Section 3 Duties of the Vice-Chairman The vice-Gìairman shall act for the Chairman in his absence. Section 4 Duties of the Secretary The Secretary shall keep the minutes and the records of the Commission; and with the assistance of staff as is available, shall prepare the agenda of the regular and special meetings under the direction of the Chairman. Provide notice of all meetings to the commission and other duties as are normally carried out by a Secretary. The Secretary shall keep records of gifts and donations for park purposes that are placed in a special parks fund by the St. Joseph City Council. . ~ Article IX. Order of Business . ~ I Section 1 The order or business at regular meetings shall D : ~ a. Attendance (by Secretary) b. Approval of minutes of previous meeting c. Communications: IT.ember's reports d. Reports of Officers, Committees and Liaison e. Old Business f. Ne'o'l Business G. Adjournment Section 2 A motion from the floor must be made and passed in order to dispense with any item on the agenda. Article X. Amendments These by-laws may be amended by a majority vote of the existing membership of the Parks Commission at a regular meeting, after full notice has been given in ,.¡riting to all voting members. Adopted this 22 day of November 1993. - -/~ . . - . '" . RESOLUTION ESTABLISHING A CONSENT AGENDA Be it resolved by the City Council for the City of st. Joseph, County of Stearns, Minnesota, that a consent agenda for the routine, non-controversial items at council meetings is hereby established. By a majority or higher vote, one motion may be made to approve the items on the consent agenda. Be it also resolved that by motion one or more items may be removed from the consent agenda for discussion, and the remainder . approved. Adopted this 6th day of January, 1995. Donald Bud Reber, Mayor Rachel Stapleton Clerk/Administrator . ,. I ¡ 'W' ~ . ~ V RAJKOWSKI HANS MEIER LTD. AI/orlleys at Law Reply to: st. Cloud ST. CLOUD 11 Seventh A venue North December 28, 1994 P.O. Box 1433 5t. Cloud, MN 56302-1433 612'251'1055 Ms. Rachel Stapleton 800'445'9617 st. Joseph city Clerk FAX 612'251'5896 City Hall P.O. Box 668 st. Joseph, MN 56374 MINNEAPOLIS 2904 Plaza VII RE: Liquor Violation 45 South Seventh Street Our File No. 16,395 Minneapolis, MN 55402-1620 Dear Rachel: 612'339'9206 800'445'9617 Brad Lindgren dropped off some arrest reports regarding FAX 612'251'5896 a potential liquor license violation at M&T Liquor. I have enclosed a copy. of the supplemental report prepared by Brad Klinefelter regarding the matter. I have blacked out the names of the juveniles in the arrest report to preserve their confidentiality. This FRA:-iK J. RAIKOIVSKl . information can be provided later if it is deemed to be GORDON H. HANSMEIER important. FREDERICK L. GRUNKE THO.lf.4S G.JOVA.\JOVICH As I understand it, last spring Brad stopped a car and found several minors and a couple of twelve packs of JOHN H. SCHERER beer inside. The minors indicated that they were sold P.1UL A. R.4/KOWSKI the beer at M&T Liquor. Brad brought one of the K£\'I:-i F. GRAY individuals into the store who identified the employee WILLI..!.I! J. CISH.\lA.\' who sold him the beer. There was no request for O.-l\'lD T. SIIAY identification. The individual to whom the beer was RICHARD W. SOB.4U·.-IRRO sold was only 17 years old. .\!ICIIA£L C. R.·I/KO\I',¡;I ~ The employee, Eugene John Nelson, was subsequently charged with a gross misdemeanor. He plead guilty on November 14, 1994. The actual owners of the liquor store were not subject to any charges. /A.\I£> H. K£l.n, ¡"f.D.. F.A.C.P. suggest that you bring this matter to the attention ~IEO[CAI. CÙ:-';SLL:..\~r I l)!.:(),." fl. H.\'~\!rn·R IS "\)~lInI:D T() I'RA(ìICE of the City Council to see if the city Council wants to [;>.; :\('RiH DA"-l)TA :\~D \\':'->L-O;"':SI;"':, hold a liquor license violation hearing with regard to P.-\l"l A. R..'It-:l1\\"Skll'\ \\"blO\;";I:-': this incident. I have some concern because of the . --,-~ \VILlI.-\\1 J. CA~II\tA;-": IX SI. 'ILî!! DAt(OTA. statement made by one of the juveniles indicating that . \IE\mER PF A\IU':IL-\' the liquor store is frequented by a lot of juveniles - &,,_,;;:[) llF TUI:\I. AO\"lx:\ fLS. because they are not carded. I , , Ms. Rachel Stapleton December 28, 1994 Page - 2 - I will leave it up to the City council as to whether or not they want to set on a hearing. If a hearing is conducted, I presume that the only issue will be the sanctions since the employee admitted the illegal sale when pleading guilty. Very truly yours, RAJKOWSKI HANSMEIER LTD. JHSjbaz Enclosure L:\gen\16395\af122894.011 - - V .,.- -, >----'.-. . - -'" '. r ST. JOSEPH POLICE DEPARTMENT . . ~ SUPPLEMENTARY REPORT ICRti 94000433 ~OMPLA INANT: ST JOSEPH POLICE DEPARTMENT JFFENSE: SALE OF AN ALCOHOLIC BEVERAGE TO A MINOR AGE ti 1 DATE: 03-11-'34 AT APPROXIMATELY 2110 HOURS ON FRIDAY, MARCH 11, 1'334 I STOPPED A VEHICLE '1b po(' -OR HAVING ONLY ONE HEAD~AS IT WAS PULLING INTO THE SUPER AMERICA. AS I .PPROACHED THE VEHICLE I OBSERVED FOUR YOUNG LOOKING MALES INSIDE. I THEr-l ~SKED THE DRIVER FOR HIS DRIVER LICENSE. HE PRODUCED I T Arm I IDENTIFIED HII'1 :';5 I ,-- I - I, 3. , I, J ~. rL ~ ...,... - THEN LOOKED AROUND THE VEHICLE WITH MY FLASHLIGHT AND OBSERVED TWO 1,~ I:' 1=1 C V. S 'W .WEISEF:, ICE E<EEF: IN PLAIN VIEW SITTING ON THE FLOOR It-l THE BACK SEn r IRECTLY BEHIND THE DRIVER. I THEJ·4 I':¡SI<ED THE - IF AI··IY OF TI-li:;: :'(.¡SSEt-lGEF:S IN THE CAR WERE O~ AC.¡E. HI:. STfiTED NO, AND THAT HIS DAD HAD BOUGH~ .:: r .0 Ol,Ji'1 rOVJi'4 Arl.O \<JAfHED H Ii'l TO BR HH3 IT HOI'1E FOG: H It'1. I THEN ASK~D HIM WHE~~ ~IS DAD WAS AND HI:. STATED THAT HE WAS AT WORK ~ ",' 0 ~. THEN HAD HIM SIT IN MY VEHICLE SO THAT WE COULD CALL HIS DAD AT WORK. I '?-)LLED At-lD °S¡:"OKE TO , _ ',I HIS FATHEF:. HE STATED THAT HE DID NOT BUY Al-IY Bi::EF: FOI~: H II'"1~;ELF Ol~ HIE 501'-1. I THEI'-I ADIJISI::D HII'1 OF THE SITUr·H.EùI"-l (11'1:0 THEt, HUHG UI='. ~ I THE:.N AS~~,ED I FOR THE TF:UTH. HE STATED THAT ONE 0¡ ¡.j I ,; ßUû.o 1:::3 HI rH~: cn:-:: HI::,D [~OU(3HT IT FRUN MST LIQUUR IN ST JUSE!='H. I n''=:j~.I::.c' H HI I F THE L Il~UOF: STORE HAD CAF:DI:.D THEM. HE:. STATED NO, THAT THEY NEVER DO AND TH:~T 1'1':; r L I IJUI)I~ IS WERE A LOT OF UND~RAGE JUVENILES GO TO GET BEER. HE nl_,;(1 STATED THAT HIS FRIEND IS BLACK AND THAT THEY DO NOT CARD HIM THERE BECAUSE OF TIH.-ACT. I THEi'l SPOKE TO - - I ' . HE S T Î-t TED T :.1(.) T iE HAD BOUGHT THE BI:.ER. I THEt-l ASr~E:.D _IF HE HAD USED AI'IY TH'E OF . ¡)l-:¡-IT I ¡:- I CPI T 101'1. HE STArED NO. I THE 11 ASK 1:": D THE M 1FT HEY ~J ü U L D 1=' U I NT 0 U T ~J H 0 ACTUALLY SOLD THE BE:.ER TO THEM. THEY STATED THAT THEY WOULD. I THEN . ~ .... ~ ST. JOSEPH POLICE DEPARTMENT SUPPLEMENTAf<Y REPOF:T . :ONFISCATED THREE 12 PACKS Ol=- BEER FROI'1 THEIR BACK, SEAT. AT THAT TIME WE ~ROCEEDED TO M&T LIQUOR STORE AT 21 W. E< I RCH STREET. U~'ON ARRIVAL ~ 3TATED THAT THE MAN WHO SOLD THE BEER TO THEIr¡ WAS STAND ING BY THE COUNTr::R IN A 1AROON SWEATSHIRT. .- ALSO POINTED HIM OUT TO ME. AT THAT TIME I WENT INSIDr:: THE STORE AND IDENT IFIED THE l'1AN BY HIS DRIVER LICENSE AS EUGENI:: JDI-II' -¡ELSON, 501 E rl I NNESOTA ST, ST JOSEPH, rlN 56374, DOB 10-04-57. I ASf"~ED JELSON I F HE REI'1EI'1BERED SELL I NO TO A n::w JUI.,..'EN I LE MALES, m~E OF THEM BE HIG ~FRICAN AMERICAN. HE LOOKED CONFUSED AND STATED NO. I THE INFOF\ME:!:> HIM OF r H r::: SIT U A T I [i N í~ r·JD R E T U I~: r·ll::': D T [1 1'1 Y PAT R lJ LeA F: 1'.:1 rŒ S P 0 K c:: TO I L.·· J (,131;: I::: i:: :0 TO CCtt1E INTO THE ST(lF:E WITH ~IE SCJ TH(=1T WE COULD STRi=¡IGHTEN THING~i LIUT. HE ;~GREED (-¡I'-ID WE WI::rH I I'~ . I THr::N ASKED NELSOI'~ IF HE ¡::EI'1EM[-:Ej~t:D SELLINC:; SOI'II:": I-<I;~~F' TO A 1=' ç:. R 0 >:I 11 ATE L )' 15~30 MINUTES AGO. HE SH¡TED ìTS: H[ DID. I TH[t·1 . :~~;i'~::::D rIELSCi¡-J II: H::: H(LO CC=1I;;ÜED ' - . 1·11:: S n 1 D ¡-ie;, TH¡::¡T r.E DID NUT. I '¡'HI::;" Ir·IFOf::MED t~ELSON THiH ~J¡:')S o 1'-1 L y 1 7 YI:.¡::¡¡;:S OLD. I THE ì-J F: E T U F: N [ D t-J E L ~; (i n' :=.; o F: I \) [-: I~ LIe ENS E T (I H II'1 A rJD E-::X i-' L A I N E Ii T U H 11"1 T H (4 THE ~JU U U) BEG E T T Hi G CH(il;:13CD WITH S[LLH~G TO A rIHW:~: AI'-ID THf~T HEW 0 U L D BEG c: T T It~ G ~; or'1 E T H H C; HI T :-i E 1'1 (I J L . I THE N U::::- T 'i:i L:: S Y 0 I;: l::: n I'~ 0 W DH TO (I U F: o I=- FIe E ~J I T 1-1 i . A Ci r;:::: ~-: D ':' i:! G I l) E ~1 S TAT E M t. tH C (it.¡(: E R t· I N (; THE. r11~ T T E R . I THEt-J RETUF\~I[-::D THEÌ'1 TO n-iE H: l,!EI-I I CU':: A r THt:: SUI:'EI;; AI'1EI;: I en. ~ nl~o qEF:ê: \)EF: ':' ClJûl:'L::F:IH 1\) E AI'W ('J:~¡::C 1 r~ (I -r C H (¡ f:: G ¡: D WITH ¡:H~ Y T H HI (-) . ~~ D- . " .: ~ . 113S. FIFTH AVENUE, Po. BOX 1717, ST. CLOUD, MN56302-1717 612252-4740 800572-0617 ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTATION December 22, 1994 RE: St. Joseph, Minnesota 1993 West Minnesota Street Improvement SAP 73-602-28 & 73-677-02 SEH No. A-STJOE 2447.00 Honorable Mayor and City Council c/o Ms. Rachel Stapleton, Clerk! Administrator/Treasurer City of St. Joseph 21 NW 1st Avenue PO Box 668 Saint Joseph, MN 56374 Dear Mayor and Members of the Council: . Enclosed please fmd three copies of Application for Payment No.5 (FINAL) for this project. We are waiting for IC-134's and wage rates from one of the subcontractors, therefore, please do not release payment until we forward these documents to Rachel. Also enclosed is an executed Final Statement and a County breakdown for this project. If you have any questions, please feel free to call us. Sincerely, djg Enclosures (G:\STJOE\2447\SPECS\50163 ,0) . SHORT ELLIOTT HENDRICKSON INC ST. PAUL. MN MINNEAPOLIS. MN CHIPPEWA FALLS, WI MADISON. WI " ~ ~ - ;:', ~ . I .-.sæ ~ i; "'... "j MEMORANDUM, "'. ~;-'~J .:j:'/ oce ::' 1 '¡994 . ENGINEERS. ARCHITECTS. PLANNERS . ,.113 S, FlfiH:Àvif¡Ù£):w BOX 1717, ST. CLOUD, MN 56302-1117 612252-4740 800572-0617 . ¥i f·' _.J _ '.: -,.' .--~... 1 APPLICATION FOR PAYMENT NO. 5 (FINAL) CONTRACT FOR: 1993 ~EST MINNESOTA STREET IMPROVEMENT PROJECT NO. PROJ. NO. 501-63 (92447) SAP 73-602-28 AND 73-677-02 O\INER: ST. JOSEPH, MN AGREEMENT DATE: OS/27/93 CONTRACTOR: HARDRIVES, INC. FOR ~ORK ACCOMPLISHED THROUGH: 09/20/94 PAGE NO. 1 ------------------------------------------------------------------------------------------------------------------- CONTRACT THIS STATEMENT MN/DOT ---------------------- --------------------..- ITEM SPEC.NO. DESCRIPTION UNIT UN IT COST QUANT ITY AMOUNT QUANTITY AMOUNT ---- -------- ---------------------------------- ---- -------..-...... ----..---- ---...----- ---.............. -----.......- 1 2021.501 MOBILIZATION LS 5,000.00 1.00 5,000.00 1.00 5,000.00 2 0563.601 TRAFFIC CONTROL LS 3,500.00 1.00 3,500.00 1.00 3,500.00 3 2101.502 CLEARING TREE 75.00 4.00 300.00 5.00 375.00 4 2101.507 GRUBBING TREE 75.00 4.00 300.00 5.00 375.00 5 2104.501 REMOVE CONCRETE CURB LF 1.10 700.00 770.00 710.00 781.00 . 6 2104.501 REM CONCRETE CURB & GUTTER LF 1.10 1,630.00 1 ,793 . 00 1,654.00 1,819.40 7 2104.501 REMOVE GRANITE ~URB LF 1.10 220.00 242.00 180,00 198.00 8 2104.501 REM 12"-24" CONC STORM SE~ LF 1.10 1,177.00 1,294.70 1,177.00 1,294.70 9 2104.501 REMOVE 6" - 8" C.I. \.1M LF 0.55 1,646.00 905.30 1,646.00 905.30 10 2104.501 REM TIMBER RETAINING ~ALL LF 10.00 2.00 20.00 2.00 20.00 11 2104.505 REMOVE BITUMINOUS PAVEMENT SY 0.60 17,905.00 10,743.00 18,081.00 10,848.60 12 2104.505 REMOVE CONCRETE WALK SY 1.30 2,547.00 3,311.10 3,021.00 3,927.30 13 2104.505 REMOVE CONCRETE DRIVE~AY SY 1.90 651.00 1,236.90 1,086.00 2,063.40 14 2104.505 REM REINF CONC PAVEMENT SY 4.70 2,940.00 13,818.00 2,940.00 13,818.00 15 2104.509 REM CATCH BASIN STRUCTURE EA 44.00 19.00 836.00 19.00 836.00 16 2104.509 REMOVE MANHOLE STRUCTURE EA 55.00 6.00 330.00 6.00 330.00 17 2104.509 REMOVE HYDRANT EA 82.50 2.00 165.00 2.00 165.00 18 2104.513 SA~ING BITUMINOUS PAVEMENT LF 3.00 548.00 01,644.00 628.00 1,884.00 19 2104.601 REMOVE SEPTIC TANK LS 275 . 00 1.00 275.00 5.00 1,375.00 20 2104.601 REMOVE PUMP ISLAND LS 1,000.00 1.00 1,000.00 1.00 1,000.00 21 2104.601 REMOVE UG FUEL TANK LS 165.00 1.00 165.00 3.00 495.00 22 2104.523 SALVAGE GATE VALVE & BOX EA 100.00 4.00 400.00 4.00 400.00 23 0104.607 SALVAGE SPRINKLER SYSTEM LS 600.00 1.00 600.00 1.00 600.00 24 2105.501 COMMON EXCAVATION (P) CY 2.75 8,803.00 24,208.25 8,803.00 24,208.25 25 2105.525 TOPSOIL BORRO\I (LV) CY 8.10 957.00 7, 751. 70 965.00 7,816.50 26 2130.501 WATER MGAL 12.00 50.00 600.00 62.00 744.00 272211.502 AGR BASE, CL 2 (100h CR GR-LV) CY 11. 30 200.00 2,260.00 440.00 4,972.00 28 2211.502 AGGREGATE BASE, CL 5 (LV) CY 8.30 764.00 6,341.20 615.00 5,104.50 29 2211.503 AGGREG BASE PLACED, CL 5 (P) CY 10.10 2,995.00 30,249.50 2,995.00 30,249.50 . 30 2232.501 MILL BITUMINOUS SURFACE SY 3.10 207.00 641.70 0.00 SHORT ELL/or HENCRIC.'\SCN .\'C ST P4UL. MN CHIPPEWA FALLS. \VI MAOISON WI . '. APPlICATIOH FOR PAYMEHT COHTRACT FOR: 1993 WEST MIHHESOTA . PROJECT HO. PROJ. HO. 501-63 (92447) SAP 73-602-28 AHD 73-677-02 O'.IHER: ST. JOSEPH, MH COHTRACTOR: HARDRIVES, IHC. PAGE HO. 2 ------------------------------------------------------.-.----------------------------.----------------------------- COHTRACT THIS STATEMEHT MH/DOT ----------------.----- ------------.---.----- ITEM SPEC.HO. DESCRIPTIOH UHIT UHIT COST QUAHTITY 'AMOUHT QUAHTITY AMOUHT .--- -------- ----.------------------------.---. --.- --.-....----- ---.....--_.. ----.---.. ----.---.. ..... ...... ...... .. 31 2331.508 TYPE 41 ~EARIHG COURSE MIXTURE TOH 19.95 2,050.00 40,897.50 2.237.73 44,642.71 32 2331.514 TYPE 31 BASE COURSE MIXTURE TOH 17.70 2,449.00 43,347.30 2.484.00 43,966.80 33 2357.502 BIT MATERIAL FOR TACK COAT GAL 1.00 938.00 938.00 965.00 965.00 34 2411.507 COHCRETE STAIRWAY 1 EA 308.00 1.00 308.00 3.00 924.00 35 2411.507 COHCRETE STAIRWAY 2 EA 308.00 1.00 308.00 1.00 308.00 36 2503.511 12" RC PIPE SEWER, CLASS V IF 17.60 909.00 15,998.40 830.00 14,608.00 37 2503.511 15" RC PIPE SEWER, CLASS IV IF 18.70 315.00 5,890.50 303.00 5,666.10 38 2503.511 18" RC PIPE SEWER, CLASS III IF 20.35 300.00 6,105.00 373.00 7,590.55 39 2503.511 21" RC PIPE SEWER, CLASS III IF 24.20 96.00 2,323.20 0.00 40 2503.511 24" RC PIPE SEWER, CLASS III IF 26.40 7.00 184.80 0.00 41 2506.501 COHST DRAIH STRUC, 48"-4020 IF 154.00 53.10 8,177.40 53.10 8,177.40 42 2506.501 COHST DR STRUCT, DES C, G, H IF 110.00 72.90 8,019.00 73.10 8,041.00 43 0506.502 COHHECT TO EXIST STORM SEWER EA 165.00 6.00 990.00 6.00 990.00 44 2506.511 RECOHSTRUCT MAHHOlE EA 275.00 1.00 275.00 1.00 275.00 . 45 2506.516 CASTIHG ASSEMBLY, 700-7/716 EA 203.50 9.00 1,831.50 10.00 2.035.00 46 2506.516 CASTIHG ASSEMBLY 802A/811/823A EA 330.00 23.00 7,590.00 23.00 7,590.00 47 2506.516 CASTIHG ASSEMBLY. 700-7/TYPE C EA 247.50 1.00 247.50 1.00 247.50 48 2506.522 ADJUST FRAME & RIHG CASTIHG EA 150.00 3.00 450.00 3.00 450.00 492521.5014" COHCRETE WALK SF 1.25 22,377.00 27,971.25 19,m.20 24,716.50 50 2531.501 COHCRETE CURB & GUTTER, B618 IF 4.95 5,708.00 28.254.60 6,676.50 33,048.68 51 2531.507 7" COHCRETE DRIVEWAY PAVEMENT SY 18.90 951.00 17,973.90 1,044.60 19,742.94 52 2575.505 SODDIHG, TYPE lA~H SY 1.65 4,585.00 7,565.25 3,400.00 5,610.00 53 2575.532 COMMERCIAL FERTILIZER lB 0.25 50.00 12.50 0.00 54 0504.601 TEMPORARY WATER SUPPLY SYSTEM lS 990.00 1.00 990.00 1.00 990.00 55 0504.602 1.5" WATER SERVICE COHHECTION EA 280.50 28.00 7,854.00 28.00 7,854.00 56 0504.602 1.5" TAP & CORPORATION STOP EA 121.00 1.00 121.00 1.00 121.00 57 0504.602 CONNECT TO EXISTIHG WATERMAIN EA 82.50 5.00 412.50 5.00 412.50 58 0504.602 ADJUST EX GATE VALVE BOXES EA 75 .00 15.00 1,125.00 15.00 1 , 125 .00 59 0504.602 ADJUST EXISTING CURB STOPS EA 55.00 23.00 1,265.00 23.00 1,265.00 60 0504.602 FIRE HYDRANT EA 1,210.00 3.00 3,630.00 3.00 3,630.00 61 0504.602 12" BUTTERFLY VALVE & BOX EA 863.50 1.00 863.50 1.00 863.50 62 0504.602 6" GATE VALVE & BOX EA 379.50 4.00 1,518.00 4.00 1,518.00 63 0504.602 10" GATE VALVE & BOX EA 682.00 1.00 682.00 1.00 682.00 64 0504.602 INSTAll GATE VALVE & BOX EA 187.00 3.00 561. 00 3.00 561.00 65 0504.603 1.5" TYPE K COPPER PIPE IF 11.30 1,108.00 12,520.40 1,027.50 11,610.75 66 0504.603 6" DI ~ATERMAIN PIPE, CLASS 52 IF 19.25 210.00 4,042.50 199.00 3,830.75 67 0504.603 '8" DI ~ATERMAIN PIPE, CLASS 50 IF 20.35 54.00 1,098.90 54.00 1,098.90 . 68 0504.603 12" DI ....ATERMAIN PIPE, CL 50 LF 24.75 1,542.00 38,164.50 1,519.00 37,595.25 69 0504.605 3" IHSULATION SY 13.20 16.00 211. 20 15.22 200.90 70 0504.620 DI WATERMAIN FITTINGS lBS 1.05 2,745.00 2,882.25 2,795.00 2,934.75 ....-......----.... SUBTOTAL . BID ITEMS $430,993.93 ~ . '> -¡ , · APPLICATION FOR PAYMENT CONTRACT FOR: 1993 ~EST MINNESOTA STREET IMPROVEMENT PROJECT NO. PROJ. NO. 501-63 (92447) SAP 73-602-28 AND 73-677-02 O\.INER: ST. JOSEPH, MN CONTRACTOR: HARDRIVES, INC. PAGE NO. 3 ----------------------------------------..-------------------------------------------------------------------------- CONTRACT THIS STATEMENT MN/DOT ---------------------- -.-------------------- ITEM SPEC.NO. DESCR I PTI ON UNIT UN IT COST QUANT ITY AMOUNT QUANTI TY AMOUNT ---- -------- ---------------------------------- ---- .---------- ----.---.. ----.....--- ------_..- ..----..--- CHANGE ORDER NO. 1 A ADD MANHOLE & LEAD TO STORM SEYER 41 2506.501 CONST DRAIN STRUC, 48"-4020 EA 877 .80 1.00 877.80 1.00 877.80 45 2506.516 CASTING ASSEMBLY, 700-7/716 EA 203.50 1.00 203.50 1.00 203.50 B ADD SHUTOFF RODS TO CURB BOXES 71 CURB BOX RODS EA 15.00 28.00 420.00 28.00 420.00 C ADD 12" GATE VALVE TO YATERMAIN 36 2503.511 12" RC PIPE SEYER, CLASS V LF 17.60 25.00 440.00 25.00 440.00 61 0504.602 12" BUTTERFLY VALVE & BOX EA 863.50 1.00 863.50 1.00 863.50 ----oo------- ------...._--- SUBTOTAL - CHANGE ORDER NO. 1 $2,804.80 $2,804.80 · EXTRA WORK UNSTABLE MATERIAL DISCOVERED DURING CONSTRUCTION AT STA 31+00 TO 35+00 (MINNESOTA AVENUE): 72 2105.521 GRANULAR BORROY (LV) CY 5.00 2,011.00 10,055.00 2,011.00 10,055.00 73 2105.507 SUB GRADE EXCAVATION CY 4.25 1,490.00 6,332.50 1,490.00 6,332.50 -----..----..- --.....------.... SUBTOTAL - EXTRA ~ORK $16,387.50 $16,387.50 -------------------------------------------------------------------------------------------..-------- Total Contract Amount $424,301. 70 Change Order No. 1 2,804.80 Extra York 16,387.50 -..-------...... 0 Revised Contract Amount $443,494.00 ------------------------------------------------------------------------------------------------------------------. The undersigned Contractor certifies that all Gross Amount Due $450,186.23 previous payments received from the Owner for Less Retainage (0%) 0.00 work done under this contract have been applied ------------ to discharge in full all obligations of the 450,186.23 Contractor incurred in connection with the work 425,394.54 covered by said progress payments. ------------ $24,791.69 SUBMITTED: HARDRIVES, INC. Date://-:/ -9y RECOMMENDED: SHORT ELLIOTT HENDRICKSON INC. Date: 14~/9 i · APPROVED: CITY OF ST. JOSEPH, MN By: Date: """ . T ;f . RAJKOWSKI H A N 5 M E I E R' LTD. . Attorneys af Law Reply to: st. Cloud ST.CWUD December 22, 1994 11 Seventh A venue North P.O. Box 1433 Ms. Rachel stapleton St. Cloud, MN 56302-1433 st. Joseph city Clerk 612·251'1055 City Hall 800'445'9617 P.O. Box 668 FAX 612'251'5896 st. Joseph, MN 56374 RE: Fire Contract MINNEAPOLIS Our File No. 16,718 2904 Plaza VII 45 South Seventh Street Dear Rachel: Minneapolis. MN 55402-1620 Enclosed herewith, find please the Amendment to the 612·339'9206 Fire Contract prepared by Kirby Dahl. I have reviewed 800'445'9617 the contract and believe that it is sufficient to FAX 612'251'5896 address the joint ownership of the Roske property. The Amendment adopts the Memorandum of Understanding . previously entered between the two parties with regard to this specific project. I have attached a copy of the Memorandum of Understanding to the proposed FRANK r RATKOWSKI' Amendment. GORDON H HANSMEIER / FREDERICK L GRUNKE Would you please have this presented to the City at the THOMAS G. JOVANOVICH next City Council meeting for review and approval. ¡OHN H SCHERER Upon approval, would you please refer the signed copies PAUL A. RA/KOWSKI on to Ann Riechl for consideration and approval by that body. Thank you. KEVIN F. GRAY WILL/11M r CIISHMAN 0 Very truly yours, DIIVID T. SHIIY RICHARD W. SOBIILVIIRRO ER LTD. MICHAEL C R·\/KOWSKI H. Scherer ¡-'-liES H KELLY. M.D.. F.A.CP. ~IEDIC.-\L CO:-':Sl:LTA:\T JHS/baz C...1RCJ\.Y, H. H.-\:'\S)'IEIER IS AD.\IITTED TO PRALì1CE Enclosures 1:'\ ;-..JnRTH DAKOTA :\:'\:0 \VISCO:'\SI:\', P:\Cl A. R.-\I~OWSKIIS \ VI~O:-;Sl:'\ .-\SD WllLl.-\.'.1 J. C.-\SIf.\I..\:'\ 1:-': St1LTJI D:u~oT_-\. L;\gen\16718\af122294.011 . \fntBER OF A.\IERIC....:-.: . S".'"""fTRIAL AD\'OOTES. ( . - .. , . . . AMENDMENT TO FIRE CONTRACT THIS AGREEMENT is an amendment to that certain "Fire Contract" between the city of st. Joseph and st. Joseph Township entered into between those respective parties on January 1, 1986, this amendment being made and entered into this ____ day of , 199 . - That the "Fire Contract" referenced above be and hereby is amended by adding the following p~ragraph to Article V of said contract: C. Future Fire Hall site Acquisition and Future Fire Hall Construction, Ownership, Maintenance and Control. The city of st. Joseph and the Township of st. Joseph may jointly acquire and own property as and for a future joint fire hall site. . Further, the City and Town may jointly construct, maintain and control any future fire hall as may be deemed necessary by and between the city of st. Joseph and the Town of st. Joseph. That the rights and responsibilities of the City of st. Joseph and the Township of st. Joseph with regard to the acquisition, ownership ,c construction, maintenance, and control of such 0 future fire hall shall not be governed by the other terms and conditions of this agreement but shall be governed by terms set forth in separate memoranda of understanding which have (and will in the future) be entered into between the city of st. Joseph and the st. Joseph Township. The purpose of this amendment is to clearly set forth that the city ~ of st. Joseph and the Township of st. Joseph have agreed, pursuant to Minnesota statutes Section 471.59, known as the "Joint Powers Act," to , . ., . jointly acquire, own, construct, maintain and control future fire hall · sites and fire halls under the "Joint Powers Act." IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of , 199 . - CITY OF ST. JOSEPH By: Its Mayor I Bv: "'__ Its City Clerk TOWN OF ST. JOSEPH By: Chairman of Its Town Board · By: Town Clerk -2- · -~ , ~ . , . · MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding has been executed this _ day of November, 1994, by and between the City of St. Joseph (hereinafter the "City") and the Town of St. Joseph (hereinafter the "Town"). WHEREAS, the City and Town have previously entered into an agreement for the joint maintenance and operation of a Volunteer Fire Department (hereinafter the "Fire Department"); WHEREAS, the City and Town have concurred that the Fire Department is in need of a new fire hall; WHEREAS, the City arid To\vn have agreed to jointly pursue the purchase of property within or adjacent to the City for the eventual construction of a new fire hall; and WHEREAS, the Parties have executed this Memorandum of Understanding for the purpose of memorializing their agreement with respect to the contribution which each will make towards the purchase and improvement of the real property to be acquired as the future site of a new fire hall (hereinafter the "Property"), and other matters regarding the ownership and disposition of the Property. THEREFO RE, in consideration of the mutual promises contained herein, the Parties · ,agree: The Property shall be owned by the City and Town as tenants-in-common, 1. with each having an undivided one-half interest in the Property. 2. All costs associated with the acquisition of the Property will be shared equally by the City and Town. Either or both the City or Town may pay their portion of the costs from cash on hand, by borrowing from another internal fund maintained by that political subdivision or by borrowing from a third party entity. If both the City and Town borrow from a third party, they shall cooperate in pursuing joint borrowing if of a financial benefit to both. If funds are borrowed for the acquisition of the Property, the City and/or Town shall be responsible for the repayment of their respective portions. 3. The City and Town shall establish a joint land/building fund. Excess money generated by the sale of a portion of the Property, money received from other political subdivisions, or revenue from other sources, may be deposited in this fund and used for such purposes as determined by the City and Town. The City and Town shall be considered equal joint owners of this fund. 4. If all or a portion of the Property is sold to a third party by the City and Town, the proceeds from the sale shall be deposited into the joint land/building fund. If all or part of the Property is transferred to the City or Town for the exclusive use of the City or Town, the party to whom the Property is transferred shall pay the appraised value of the transferred Property to the joint land/building fund. · r 5. If fire protection is provided by the City to any other political subdivisions, · any consideration paid by the other political subdivisions for fire protection, designated for land acquisition or building construction, shall be deposited in the joint land/building fund. 6. Improvements to the Property, including but not limited to street construction, sanitary sewer, water, storm sewer, site improvement and demolition shall be shared equally by the City and Town. If the improvement results in a benefit to other property, a portion of the cost of the improvement may be assessed against the other property, and if so, shall result in a reduction of the portion of the cost of the improvements to be paid by the Parties. If the construction of a holding pond is required, the City Engineer shall make a determination of the area which will drain into the holding pond, and determine the percentage of the entire drainage area represented by the Property. The City and Town shall pay only that percentage of the cost of constructing the holding pond equal to the percentage of the drainage area represented by the Property. The remaining cost of construction of the holding pond shall be paid solely by the City or by the City and other benefitted properties. 7. Improvements to the Property shall not be commenced until the City and Town jointly agree to commence the improvements. 8. Construction costs associated with the construction of the fire hall at some time in the future shall be negotiated by the City and Town prior to commencing construction. The terms of this Agreement shall not govern the manner in which construction costs shall be divided between the City and Town. The City and Town agree to negotiate in good faith to reach a fair · and equitable distribution of the costs ·of construction. 9. If either party withdraws from the contract currently providing for the joint operation of a volunteer fire department, or any extension, renegotiation or modification thereof, the withdrawing party may also request that the nonwithdrawing party purchase the withdrawing party's interest in the Property. Notice of withdrawal must be provided at least one year prior to withdrawal. The purchase price of the withdrawing party's one-half interest shall be based upon the then current market value of the Property as determined by a licensed appraiser agreed to by the Parties. 10. Any and all amendments to this Agreement shall be in writing. This document represents the entire agreement of the Parties with regard to the acquisition of a fire hall site and the payment of costs associated with the acquisition and improvement of the site. 11. The respective officials of the City and Town who have executed this Agreement represent that they do so with the authority of the governing bodies of their respective political subdivisions. · 2 ~ . , · DATE: DEL 27, 1'394 DEAR RACHEL, THE POLICE DEPARTMENT NEEDS MORE PARKING TICKETS. WE GO THROUGH 8ØØ TO 9ØØ PER YEAR. I HAVE CHECKED IN THE PAST, AND PALMER PRINTING SEEMS TO BE THE ONLY ONE WHO IS ABLE TO GET THE~;E TICKETS. THE PRICES I HAVE BEEN QUOTED ARE AS FOLLOWS: 100Ø TICKETS COST $839.ØØ OR .84 CENTS EACH 2000 TICKETS COST $1,216.00 OR .61 CENTS EACH 30ØØ TICKETS COST 51,608.ØØ OR .54 CENTS EACH I WOULD SUGGEST WE PURCHASE AT LEAST 2ØØ0 AS THE PRICE · PER TICKET IS CHEAPER, IT SHOULD LASr US OVER 2 YEARS, AND I DON'T SEE THE FINES INCREASING DURING THIS TIME FRAME. WE CURRENTLY HAVE ABOUT 20Ø TICKETS LEFT, WE NEED COUNCIL APPROVAL SO WE CAN MAKE OUR ORDER, AND RECEIVE SHIPMENT BEFORE WE RUN OUT OF THE ONES WE HAVE ON HAND. CAN YOU ADVISE ME OF THE COUNCIL'S DECISION ON THIS MATTER. THANE YOU. SINCEREL Y, q:? BRAD L. 0 · . , , ... . AMENDMENT TO ORDINANCE 61: LICENSING AND BONDING OF INDMDUALS. FIRMS. CORPORATIONS AND SUBCONTRACTORS DOING OR PERFORMING WORK WITHIN THE CITY OF ST. JOSEPH The City Council for the City of St. Joseph hereby ordains: That Ordinance 61 of the S1. Joseph Code of Ordinances is rescinded and the following enacted in its place: Section 61.1: PURPOSE. It is being in the interest of the private residents of the City of St. Joseph that any person, firm or corporation who e~gages in the business of building, carpentry, construction ortdated work, within the City of St. Joseph, shall first'procure a license therefor as provided herein. . Section 61.2: LICENSE REOUlRED. No person or entity subject to the licensing provisions of Minnesota Statute Chapter 326 may engage in the business of building, carpentry, construction or related work unless properly licensed by the State and in full compliance with the applicable licensing provisions of Chapter 326. Section 61.3: LOCAL LICENSE REOUIRED. Any person or entity not subject to the licensing provisions of Minnesota Statute Chapter 326 may not engage in the business of building, . carpentry, construction or related work, unless properly licensed by the City and in full compliance with the applicable provisions of this Ordinance. The license shall be issued by the City Clerk for a term of one year upon payment of a license fee as may be established by the City Council by resolution and amended from time to time, and presentation of proof of the following: a) Proof of liability insurance for damage to property in an amount equal to or greater than $10,000. b) Proof of liability insurance for personal injury or death of a combined limit equal to or greater than $100,000. c). A bond in the amount of not less than $5,000 for the benefit of persons injured or suffering lòss due to the applicant's failure to complete work for which he or she has been retained, or due to defective or,unworkmanlike performance. The bond shall be written by a corporate surety licensed to do business in the State of Minnesota. Section 61.4: PROOF OF LICENSE. BONDING AND INSURANCE. Upon request of the City Building Inspector, City Clerk or customer, any persons or entity engaging in the business of building, carpentry, construction or related work shall provide proof of a current valid license, as well as compliance with the applicable bonding and liability insurance requirements of Chapter 326 or this Ordinance. Section 61.5: EXCEPTION. Persons performing work on their own property or assisting another to do work on their own property for which no compensation is paid shall be exempt from . the licensing requirements of this ordinance, but shall remain subject to the S1. Joseph Building Ordinance and the Building Code as adopted by the City. , . Section 61.6: LIABILITY. This ordinance shall not be construed to affect the responsibility . or liability of any person owning, operating or installing the above described work for damages to persons or property caused by any defect therein nor shall the City of St. Joseph be held liable for a claim based upon enforcement of this ordinance. Section 61.7: PENALTIES. Any person, firm or corporation who shall violate any provision of this ordinance shall be guilty of a misdemeanor. This Ordinance Amendment shall be effective upon passage and publication. This Ordinance was passed by the City Council for the City of St. Joseph this _ day of ,1994. Mayor Clerk! Administrator N: \ city\stjoe \ a!lOll94.251 . , . . , . 2 ~ , ~ ~SeH . 113 S. FIFTH AVENUE, POBOX 1717, Sf CLOUD, MN 56302-1717 612252-4740 800572-0617 ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORT A nON December 29, 1994 Honorable Mayor and City Council C/o Ms. Rachel Stapleton Clerk! Administrator/Treasurer City of Saint Joseph 21 NW 1st Avenue P.O. Box 668 Saint Joseph, MN 56374 Dear Mayor and Members of the Council: . As the year comes to a close I would like to thank you for the work you entrusted to our care during calendar year 1994. I have enjoyed working with you and appreciate the long standing relationship we have had over the years. St. Joseph is a valued client and I look forward to working with you in 1995. Our hourly rate schedule for professional services will remain unchanged thru March of this year. The schedule is expected to rise approximately 5 % in April 1995, and will be submitted to you for review in late March. Again, thank you, and best wishes for the coming new year. Sincerely, è~Ke~ ,; , Joseph R. Bettendorf, P.E. . SHORT ELLIOTT HENDRICKSON INC Sf PAUL. MN MINNEAPOLIS, MN CHIPPEWA FALLS. WI MADISON. WI ~ v ) - . RAJKOWSKI HANS MEIER LTD. Attorneys at Law Reply to: st. Cloud December 21, 1994 ST. CLOUD 11 Seventh A venue North Ms. Rachel Stapleton P.O. Box 1433 st. Joseph City Clerk St. Cloud, MN 56302-1433 City Hall 612'251'1055 P.O. Box 668 800·445'9617 st. Joseph, MN 56374 FAX 612'251'5896 Ms. Ann Reischl st. Joseph Township Clerk MINNEAPOLIS 10187 295th street 2904 Plaza VII st. Joseph, MN 56374 45 South Seventh Street Minneapolis, MN 55402·1620 Re: st. Joseph Fire Hall Our File No. 16,718 612'339·9206 800'445'9617 Dear Rachel and Ann: FAX 612'251'5896 . Enclosed herewith, please find a fully executed copy of the Purchase Agreement for the purchase of the Roske property. I am going forward with the title opinion based upon the Abstract provided by the Seller. I FRANK J. RA/KOWSKI * would also suggest that consideration be given to a GORDON H, HANSMEIER phase one environmental audit. In this regard, I would FREDERICK L. GRUNKE recommend that Joe Bettendorf's office be contacted to THOMAS G.JOI'ANOI'ICH discuss the audit and present a proposal to the City and Township regarding the cost of the audit and the JOHN H. SCHERER matters to be addressed. PAUL A. RA/KOWSKI KEVIN F. GRAY Would you also confirm that the purchase price will be WILLI.4.\! I. C4SH.\fA,\' paid by cash available through accounts currently held DA"/D T. SHAY by the city and Township. RICIIARD w. SOBALI'ARRO ,'..IICII.·IEL C R.1/KOWSKI t Very truly yours, R LTD. ¡"I.\!ES H. Kr/.l.Y, ,\1.0., F.ACP. .\lrDICAl CO:-';~ClTA.="T c. )1\('1.1..... II. 1L\~..;\ElfR I~ A)~flITED TO I'RAC1"JCE 1'\ ~{lRrll D.-\(OT.\ .-\:-.;D \ \'I~;~..:O.'\~I.'\. !'.\Lt..-\. RAlkl)\\'''...., J' \\·I"'<..-():\~I:'\ JHS/baz \'U \\"1111.-\\1 J. C..-\SH\I.\' I' S)CTJI DAJ.:OTA. Enclosure . . ~I"""R l'f A\!ERIU.\; Ih ).·\Jm ()} T!-:L\l :\on-x:.-\ TF5. cc: Joe Bettendorf L:\gen\16718\af122194.011 ~ , . . . ST.CLOUD AREA PLANNING ORGANIZATION Technical Advisory Committee Thursday, January 5, 1995 1:30 p.m. APO OFFICE 665 Franklin Avenue N.E. St. Cloud .. AGENDA 1. Consideration of Minutes from December 8, 1994, Meeting (attached). 2. Discuss Citizens League Role in Public Participation Plan (attachment). . ,. 3. Discussion of Work Plan for 24th Street South. 0 4. Discuss APO Reaction to Bike Plan Update. ¡ 5. Timeline for Metro Plan Update. 6. Discussion of Transportation Improvement Program (TIP) Submittals. 7. Update on the Minnesota Land Trust and Conservation Easements. 8. Other Business. . 9. Adjourn. .. , . . · ST. CLOUD AREA PLANNING ORGANIZATION TECHNICAL ADVISORY COMMITTEE A regular meeting of the st. Cloud Area Planning Organization's Technical Advisory Committee (TAC) was held Thursday, December 8, 1994, 9:30 a.m. at the st. Cloud Metropolitan Transit Commission (MTC) operation Center. Bill Hansen presided with the following members present: Kirk Abraham City of Sauk Rapids Tom Cruikshank st. Cloud MTC Steve Gaetz city of st. Cloud steve Voss MnDOT - Brainerd Patty Gartland city of st. Cloud Roger Diesen County of Benton Dave Schwarting County of Sherburne Kathy Briscoe MnDOT - st. Paul Bill Hansen APO Staff Also present: Gerald Korte Township of Haven Scott Mareck APO Staff Fred Sandal APO Staff · Dave Then APO Staff CONSIDERATION OF MINUTES FROM SEPTEMBER 1, MEETING: 1994, Mr. Gaetz moved, Mr. Abraham seconded, to approve the September 1, 1994, minutes as presented. Motion carried unanimously. 24TH STREET SOUTH UPDATE: Mr. Mareck reported to TAC that st. Cloud Township had requested further study in the 24th Street South corridor. A map depicting possible impediments in the corridor area was shown to TAC. Areas of concern were discussed by TAC, they included severe slopes, subdivisions, cemeteries and wetlands. f Mr. Mareck stated an Environmental Impact statement may be required during the project development process. Ms. Briscoe informed TAC that a Major Investment study may also need to be completed. Some right-of-way has already been dedicated or purchased within the proposed corridor. Ms. Gartland commented that st. Cloud has been working with another land owner to acquire a section of right-of-way south of Victoria Heights. Mr. Gaetz said he · doesn't see the 24th Street South being precluded by development. Also, the 22nd street South alignment should not be ruled out for a possible east-west corridor. . ~ REPORT ON THE MINNESOTA LAND TRUST AND CONSERVATION EASEMENTS: . Mr. Mareck informed TAC that the Minnesota Land Trust is a private, non-profit, tax exempt organization formed to promote the protection and enhancement of open spaces. A conservation easement is a legally recorded permanent agreement by which land owners may voluntarily restrict the use of their land. The terms of the conservation easement are individually tailored to the land owners particular situation. For example, a land owner may specify that road construction be restricted within the easement area. Mr. Mareck said this may raise concerns on how long range plans could be affected. Mr. Gaetz stated that eminent domain may still be a possibility to obtain land for right-of-way if it becomes necessary in these areas. Ms. Briscoe suggested contacting Rochester and other Metropolitan Planning Organizations (MPOs) to see if they have experience in this area. Mr. Mareck said he would be studying this issue further. 33RD STREET SOUTH UPDATE: Mr. Mareck reported that the 33rd street South Subçommittee had requested endorsement of a tiered Environmenta). Impact Statement (EIS) process from the State Aid Office in October. '. There response in mid-November stated that a conventional EIS with a supplement prior to construction would be more prudent. A Major Investment Study (MIS) may also need to be completed. Minnesota Department of Transportation (MnDOT) is waiting for the Federal Highway Administration (FHWA) interpretation of the MIS and when they are required. Mr. Mareck said after this determination, the Sub-Committee will meet with MnDOT, MEQB and FHWA to make a final decision on the MIS and environmental process to be followed. Ms. Briscoe discussed with TAC whether or not new corridors and improvements will be included in the valid plan unless environmental issues have been approved. Discussion took place on MISs and environmental issues being adqressed before projects are included in the Transportation Improvement Program (TIP). Mr. Mareck reported on the feasibility analysis of a toll facility for the 33rd Street South Bridge. Research by Hughes Transportation determined that based on 35 year financing at 7 percent the toll would be $1.25. This amount could be reduced with public participation. BIKE PLAN UPDATE: Mr. Mareck presented to TAC the draft Bikeway Plan Map that . has been approved by the Bicycle and Pedestrian Plan Sub-Committee. He discussed with TAC additions to the old bike plan and the differences between bike lanes, routes and paths. . . . " . Mr. Gaetz suggested the addition of a bike path from 10th street South, south on Riverside Avenue thru Talahi. Mr. Hansen said the plan will be considered by the APO Board in December then go back to the Sub-Committee for public information and input. PRESENTATION ON PUBLIC PARTICIPATION PLAN: Mr. Sandal reminded TAC that with the new Intermodal Surface Transportation Efficiency Act (ISTEA) it will be necessary to adopt as policy a effective means of improving public outreach and assuring public participation in the future. Elements of the Public Participation Plan may include: · More public forums beginning with the early stages of Plan development. · Conduct surveys to determine community needs and attitudes. · Identify stakeholders and solicit their involvement in the planning process. . · Define role for citizens League and Community Advisory Committee. Discussion followed on ways the Citizens League could be the most effective at relaying public input. Ms. Briscoe stated that ISTEA also stresses having a multiple means of public participation. Mr. Gaetz felt a good way to inform and involve the public would be to televise APO meetings similar to their City Council 0 meetings. Ms. Briscoe asked what the timeline was for this Plan. Mr. Sandal stated the Plan would be presented to the" APO Board for review this month and the final Plan wðuld be adopted in March. F.Y. 1996-1998 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) PROCESS: Mr. Hansen stated that it is time for the solicitation of projects in the 1996-1998 TIP. He said the list would be primarily made up of projects that didn't make the cut in the current TIP and new submittals. . Mr. Voss said there are new information supplements for filling out TIP submittals. A notice in the Sunday paper informed the public to contact their jurisdiction to support their proj ects. Also, a public meeting will be held next week to explain the TIP process. - . .. The deadline for TIP submittals is January 15, 1995. . Mr. Voss explained how Regional Development Commissions (RDCs) and MPOs will be ranking their own projects then a Sub-Committee of the Area Transportation Partnership (ATP) will assemble a prioritized list. Sub-Committees will also be formed to prioritized Transit and Enhancement projects. Due to extra Federal funds our ATP will have approximately 6 million dollars more available for projects in 1995. 1996 projects ready by July to September 30, 1995, may also qualify for this money. Mr. Gaetz stated that the Veterans Bridge project should be ready in time. There being no other business the meeting was adjourned at 12:20 p.m. . } . · ~J~~~~ St. Joseph Parks Commission .-A~ ,. ,~, '1IJ/: þ ~ .~ .~ 'I'..... ~' ..¡ / . St. Joseph, Minnesota 56374 - '>- ~ ~ . - - Minutes of meeting December 27, 1994 - - Meeting was called to order by Vice-Chairman Joe Braun at 6:45 at Bo Diddley's. Members present: Joe Braun, Marge Lesnick, Darwin Erickson, Fay Gretsch, Claudette Klein, Bill·Nelson and Liaison Bob Loso. Members absent: John Anderson, Irma Lanier. Minutes from November meeting were approved by Marge Lesnick and seconded by Darwin Erickson with a mispelled word "filed instead of field". Old Business: Skating lessons: The District 742 schools will be closed from March 4-1l. Should we chance ice skating lessons at that time as the ice may be gone or slushy. It was decided to go ahead. A motion was made by Joe Braun to see if he can get students to teach ice skating lessons. If he finds someone to teach then he will put an ad in the St. Joseph Newsleader and distribute posters. The maximum cost would be $15. Motion carried. Marge spoke to Jaycees regarding Morningside Park. She showed them our 5-year plan and also a Big Toy plan. President of Jaycees corrnnented some money could be donated. Joe Braun may go to some meetings of organizations in January asking for donations for parks equipment. "be Ruth League: Darwin and Bob attended the meeting and they are still trying to set up checking account. A $700 donation is at the City Hall to begin the check book. They are also still in the planning of a Charter to be completed. Liaison Report: Regarding membership for the Park Board: Bob will check on the by-laws regarding the number of members for the board. Our by-laws state 10 members and the City Council Enabling Ordinance state 7 members. Council did approve 10 members according to Bob's recollection. Skating rinks are being used a lot as well as the hockey rink. There is a small ice rink in Morningside park. We did not receive the Grant that we had applied for but will re-apply as soon as possible. Summer Recreation Program was cut by $2,000. Also a cut of $1,000 on the^Development Fund. Summer Recreation Program: The program 1 ast year was not favorable sOo we are looking for 2 new directors for 1995 and a new program. It is an 8-~eek course and the money available for the total program is $7,000. Bill Nelson stated that there is a bus parked at the end of Dale Street (east) and ~vindows are broken and it is a real eye-sore. Bob will cheqk into this to see that it is removed. New Business: 5-year plan for Millstream Park: 1st yr - install a second volleyball field - tree planting - install 2 soccer fields 2nd yr - benches, picnic tables and pads, grills in rest area - tree planting and more playground equipment such as spring toys 13td yr - tree planting, playground equipment, slide (like the one in Centennial) 4th yr - ideas the Lions may have 5th yr - Ideas the Lions may have Things to do in spring of 1995: Dredge bar in Millstream Park stream Check on èepth of spring toys in the ground (too low) in Centennial Park. Check with Company ~1ere Srping Toys come from for safety reasons. . -> < . , Next meeting: Things to do for rnaintenence department next spring. Soccer fields on agenda next month. Will finalize 5-year plan for Millstream and begin Centennial 5-year plan in January. Next meeting will be January 24 at 6:30 in the City Hall. Meeting adjourned at 7:56 pm. Minutes submitted by: . ~~ Claudette Klein I í I .. i 0.> . . .. AMENDMENT TO ORDINANCE 61: LICENSING AND BONDING OF INDMDUALS. FIRMS. CORPORATIONS AND SUBCONTRACTORS DOING OR PERFORMING WORK WITHIN THE CITY OF ST. JOSEPH The City Council for the City of St. Joseph hereby ordains: That Ordinance 61 of the St. Joseph Code of Ordinances is rescinded and the following enacted in its place: Section 61.1: PURPOSE. It is being in the interest of the private residents of the City of St. Joseph that any person, firm or corporation who engages in the business of building, carpentry, construction or tdated work, within the City of St. Joseph, shall first'procure a license therefor as provided herein. . Section 61.2: LICENSE REOUIRED. No person or entity subject to the licensing provisions of Minnesota Statute Chapter 326 may engage in the business of building, carpentry, construction or related work unless properly licensed by the State and in full compliance with the applicable licensing provisions of Chapter 326. Section 61.3: LOCAL LICENSE REQUIRED. Any person or entity not subject to the licensing provisions of Minnesota Statute Chapter 326 may not engage in the business of building, . carpentry, construction or related work, unless properly licensed by the City and in full compliance with the applicable provisions of this Ordinance. The license shall be issued by the City Clerk for a term of one year upon payment of a license fee as may be established by the City Council by resolution and amended from time to time, and presentation of proof of the following: a) Proof of liability insurance for damage to property in an amount equal to or greater than $10,000. b) Proof of liability insurance for personal injury or death of a combined limit equal to or greater than $100,000. c). A bond in the amount of not less than $5,000 for the benefit of persons injured or suffering lòss due to the applicant's failure to complete work for which he or she has been retained, or due to defective or.unworkmanlike performance. The bond shall be written by a corporate surety licensed to do business in the State of Minnesota. Section 61.4: PROOF OF LICENSE. BONDING AND INSURANCE. Upon request of the City Building Inspector, City Clerk or customer, any persons or entity engaging in the business of building, carpentry, construction or related work shall provide proof of a current valid license, as well as compliance with the applicable bonding and liability insurance requirements of Chapter 326 or this Ordinance. Section 61.5: EXCEPTION. Persons performing work on their own property or assisting another to do work on their own property for which no compensation is paid shall be exempt from . the licensing requirements of this ordinance, but shall remain subject to the St. Joseph Building Ordinance and the Building Code as adopted by the City. .. .. \ " .. Section 61.6: LIABILITY. This ordinance shall not be construed to affect the responsibility . or liability of any person owning, operating or installing the above described work for damages to persons or property caused by any defect therein nor shall the City of St. Joseph be held liable for a claim based upon enforcement of this ordinance. Section 61.7: PENALTIES. Any person, firm or corporation who shall violate any provision of this ordinance shall be guilty of a misdemeanor. This Ordinance Amendment shall be effective upon passage and publication. This Ordinance was passed by the City Council for the City of St. Joseph this _ day of ,1994. Mayor Clerk/Administrator N: \ city\stjoe \ ill 01194.251 . . 2 i Ù ! ... .....Sfli ) ok:" MEMORANDUM. , EH"HEEHS. AHC",TEen. R<AHNEHS 0("'- "7; Î 1994 oJ I -- "I13S, FlfTF(ÀvÈ!:¡Ù£)::W BOX 1717, Sf CLOUD, MN56302-1117 612252-4740 800572-0617 ~~\I ' .-' _ -_::. ~~ .__.,w 1 APPLICATION FOR PAYMENT NO. 5 (FINAL) CONTRACT FOR: 1993 YEST MINNESOTA STREET IMPROVEMENT PROJECT NO. PROJ. NO. 501-63 (92447) SAP 73-602-28 AND 73-677-02 OI.'NER: ST. JOSEPH, MN AGREEMENT DATE: OS/27/93 CONTRACTOR: HARDRIVES, INC. FOR YORK ACCOMPLISHED THROUGH: 09/20/94 PAGE NO. 1 --------~-~------------------------------------------------------------------------------------------..-----------~- CONTRACT THIS STATEMENT MN/DOT ---------------------- ---------------------- ITEM SPEC. NO. DESCRIPTION UNIT UN IT COST QUANTITY AMOUNT QUANT ITY AMOUNT ---- -------- ---------------------------------- ---- ....-------.... --------- ---..----- ------...... ........-....-..- 1 2021.501 MOBILIZATION LS 5,000.00 1.00 5,000.00 1.00 5,000.00 2 0563.601 TRAFFIC CONTROL LS 3,500.00 1.00 3,500.00 1.00 3,500.00 3 2101.502 CLEARING TREE 75.00 4.00 300.00 5.00 375.00 4 2101.507 GRUBBING TREE 75.00 4.00 300.00 5.00 375.00 5 2104.501 REMOVE CONCRETE CURB LF 1.10 700.00 770.00 710.00 781.00 . 6 2104.501 REM CONCRETE CURB & GUTTER LF 1.10 1,630.00 1,793.00 1,654.00 1,819.40 7 2104.501 REMOVE GRANITE ÇURB LF 1.10 220.00 242.00 180.00 198.00 8 2104.501 REM 12"-24" CONC STORM SEI,/ LF 1.10 1 , 177 . 00 1,294.70 1 , 177.00 1 ,294.70 9 2104.501 REMOVE 6" - 8" C.I. \.1M LF 0.55 1,646.00 905.30 1,646.00 905.30 10 2104.501 REM TIMBER RETAINING I,/ALL LF 10.00 2.00 20.00 2.00 20.00 11 2104.505 REMOVE BITUMINOUS PAVEMENT SY 0.60 17,905.00 10,743.00 18,081.00 10,848.60 12 2104.505 REMOVE CONCRETE YALK SY 1.30 2,547.00 3,311.10 3,021.00 3,927.30 13 2104.505 REMOVE CONCRETE DRIVEI,/AY SY 1.90 651.00 1 , 236 . 90 1,086.00 2,063.40 14 2104.505 REM REINF CONC PAVEMENT SY 4.70 2,940.00 13,818.00 2,940.00 13,818.00 15 2104.509 REM CATCH BASIN STRUCTURE EA 44.00 19.00 836.00 19.00 836.00 16 2104.509 REMOVE MANHOLE STRUCTURE EA 55.00 6.00 330.00 6.00 330.00 17 2104.509 REMOVE HYDRANT EA 82.50 2.00 165.00 2.00 165.00 18 2104~513 SAI,/ING BITUMINOUS PAVEMENT LF 3.00 548.00 01,644.00 628.00 1,884.00 19 2104.601 REMOVE SEPTIC TANK LS 275 .00 1.00 275.00 5.00 1,375.00 20 2104.601 REMOVE PUMP ISLAND LS 1,000.00 1.00 1,000.00 1.00 1,000.00 21 2104.601 REMOVE UG FUEL TANK LS 165.00 1.00 165.00 3.00 495.00 22 2104.523 SALVAGE GATE VALVE & BOX EA 100.00 4.00 400.00 4.00 400.00 23 0104.607 SALVAGE SPRINKLER SYSTEM LS 600.00 1.00 600.00 1.00 600.00 24 2105.501 COMMON EXCAVATION (P) CY 2.75 8,803.00 24,208.25 8,803.00 24,208.25 25 2105.525 TOPSOIL BORROY (LV) CY 8.10 957.00 7, 751. 70 965.00 7,816.50 26 2130.501 YATER MGAL 12.00 50.00 600.00 62.00 744.00 272211.502 AGR BASE, CL 2 (100X CR GR-LV) CY 11. 30 200.00 2,260.00 440.00 4,972.00 28 2211.502 AGGREGATE BASE, CL 5 (LV) CY 8.30 764.00 6,341.20 615.00 5,104.50 29 2211.503 AGGREG BASE PLACED, CL 5 (P) CY 10.10 2,995.00 30,249.50 2,995.00 30,249.50 '. 30 2232.501 MILL BITUMINOUS SURFACE SY 3.10 207.00 ' 641. 70 0.00 SHORT ELuor HENDRIC"SCN NC 5T P4UL. MN CHIPPEWA FALLS. WI ,\I.4CI5CN ~VI '! . ,. , APPLICATION FOR PAYMENT CONTRACT FOR: 1993 ~EST MINNESOTA PROJECT NO. PROJ. NO. 501-63 (92447) SAP 73-602-28 AND 73-677-02 OWNER: ST. JOSEPH, loiN CONTRACTOR: HARDRIVES, INC. PAGE NO. 2 .............................................................................................. --...... --....-................................................................................. --.............................................. -......- CONTRACT THIS STATEMENT loiN/DOT --------...---..--------- ---..-------------..---- ITEM SPEC.NO. DESCRIPTION UNIT UNIT COST QUAHT ITY AMOUNT QUAHT ITY AMOUNT ---- -------- ------...-------...----------------...-- ...--.. ....--....--..-- ---................ ....---..--.. ...-.._-.._-- .......... ......- 31 2331.508 TYPE 41 ~EARING COURSE MIXTURE TON 19.95 2,050.00 40,897.50 2,237.73 44,642.71 32 2331.514 TYPE 31 BASE COURSE MIXTURE TON 17.70 2,449.00 43,347.30 2,484.00 43,966.80 33 2357.502 BIT MATERIAL FOR TACK COAT GAL 1.00 938.00 938.00 965.00 965.00 34 2411.507 CONCRETE STAIR~AY 1 EA 308.00 1.00 308.00 3.00 924.00 35 2411.507 CONCRETE STAIR~AY 2 EA 308.00 1.00 308.00 1.00 308.00 36 2503.511 12" RC PIPE SE~ER, CLASS V LF 17.60 909.00 15,998.40 830.00 14,608.00 37 2503.511 15" RC PIPE SE~ER, CLASS IV LF 18.70 315.00 5,890.50 303.00 5,666.10 38 2503.511 18" RC PIPE SE~ER, CLASS III LF 20.35 300.00 6,105.00 373.00 7,590.55 39 2503.511 21" RC PIPE SE~ER, CLASS I II LF 24.20 96.00 2,323.20 0.00 40 2503.511 24" RC PIPE SE~ER, CLASS III LF 26.40 7.00 184.80 0.00 41 2506.501 COIIST DRAIII STRUC, 48"-4020 LF 154.00 53.10 8,177.40 53.10 8,177.40 42 2506.501 COIIST DR STRUCT, DES C, G, H LF 110.00 72.90 8,019.00 73.10 8,041.00 43 0506.502 COIIIIECT TO EXIST STORM SE~ER EA 165.00 6.00 990.00 6.00 990.00 44 2506.511 RECONSTRUCT MAIIHOLE EA 275.00 1.00 275 . 00 1.00 275.00 . 45 2506.516 CASTING ASSEMBLY, 700-7/716 EA 203.50 9.00 1.831.50 10.00 2.035.00 46 2506.516 CASTING ASSEMBLY 802A/811/823A EA 330.00 23.00 7,590.00 23.00 7,590.00 47 2506.516 CASTING ASSEMBLY, 700-7/TYPE C EA 247.50 1.00 247.50 1.00 247.50 48 2506.522 ADJUST FRAME & RING CASTIIIG EA 150.00 3.00 450.00 3.00 450.00 49 2521.501 4" CONCRETE \.IALK SF 1.25 22,377.00 27,971.25 19,m.20 24,716.50 50 2531.501 COIICRETE CURB & GUTTER, B618 LF 4.95 5,708.00 28,254.60 6,676.50 33,048.68 51 2531.507 7" CONCRETE DRIVE~AY PAVEMENT SY 18.90 951.00 17,973.90 1,044.60 19,742.94 52 2575.505 SODDING, TYPE LA~II SY 1.65 4,585.00 7,565.25 3,400.00 5,610.00 53 2575.532 COMMERCIAL FERTILIZER LB 0.25 50.00 12.50 0.00 54 0504.601 TEMPORARY \.lATER SUPPLY SYSTEM LS 990.00 1.00 990.00 1.00 990.00 55 0504.602 1.5" \.lATER SERVICE CONNECTION EA 280.50 28.00 7,854.00 28.00 7,854:00 56 0504.602 1.5" TAP & CORPORATION STOP EA 121.00 1.00 121. 00 1.00 121.00 57 0504.602 COIINECT TO EXISTIIIG ~ATERMAIN EA 82.50 5.00 412.50 5.00 412.50 58 0504.602 ADJUST EX GATE VALVE BOXES EA 75.00 15.00 1,125.00 15.00 1,125.00 59 0504.602 ADJUST EXISTING CURB STOPS EA 55.00 23.00 1,265.00 23.00 1,265.00 60 0504.602 FIRE HYDRANT EA 1,210.00 3.00 3,630.00 3.00 3,630.00 61 0504.602 12" BUTTERFLY VALVE & BOX EA 863.50 1.00 863.50 1.00 863.50 62 0504.602 6" GATE VALVE & BOX EA 379.50 4.00 1,518.00 4.00 1,518.00 63 0504.602 10" GATE VALVE & BOX EA 682.00 1.00 682.00 1.00 682.00 64 0504.602 INSTALL GATE VALVE & BOX EA 187.00 3.00 561.00 3.00 561.00 65 0504.603 1.5" TYPE K COPPER PIPE LF 11.30 1,108.00 12,520.40 1,027.50 11.610.75 66 0504.603 6" 01 ~ATERMAIN PIPE, CLASS 52 IF 19.25 210.00 4,042.50 199.00 3,830.75 67 0504.603 '8" DI ~ATERMAIN PIPE, CLASS 50 IF 20.35 54.00 1,098.90 54.00 1,098.90 . 68 0504.603 12" 01 ~ATERMAIN PIPE, CL 50 LF 24.75 1,542.00 38,164.50 1,519.00 37,595.25 69 0504.605 3" IIISULATION SY 13.20 16.00 211. ZO 15.22 200.90 70 0504.620 01 \.IATERMAIN FITTINGS LBS 1.05 2,745.00 2,882.25 2,795.00 2,934.75 .... .... .. .. .. .. .. ... ..- SUBTOTAL - BID ITEMS $430,993.93