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Home My WebLink About2004 [08] Aug 03 {Book 31} CITY OF ST. JOSEPH . www.cityofstjoseph.com St. Joseph City Council AugustS, 2004 6:15 PM 1. Call to Order 2. Approve Agenda 3. 6:15 PM - Monte Eastvold, Debt Management Study, 2004 Equipment Certificates Bond Issue 4. Consent Agenda a. Bills Payable - Requested Action: Approve Check Numbers 34520 - 34607 Administrator b. Minutes - Requested Action: Approve the July Minutes c. Police Grant - Requested Action: Authorize the Administrator to Execute the Grant Judy 'Weyrens Agreement between the City of St. Joseph and the State of MNfor overtime funding in the amount of $ 3,500 and for $ 500.00. Mayor d. Safe & Sober Grant - Requested Action: Authorize the Mayor and Administrator to execute the Grant Agreement between the City of St. Joseph and the State of Larry . Hosch Minnesota for additional enforcement. e. Application for Payment - Requested Action: Authorize the Mayor to execute Councilors Payment Application #9 for Liberty Point and authorize payment to RL Larson in the amount of $ 52;144.79 AI Rassier f. Cable Commission Salary - Requested Action: Authorize the increase in salary of $ Ross Rieke 200/mo to $ 300/mo for the Cable Commissioners. Gary Utsch g. Cable Equipment -Requested Action: Authorize the capital equipment purchase of $ 1,842.12 expending the funds from the PEG Access Fee. Dale 'Wick h. Truck Equipment - Requested Action: Authorize the expenditure of $ 2,000 to equipment the sewer pickup truck with funds expended from the sewer fund. i. Veba Agreement - Requested Action: Authorize the Administrator to execute and Agreement between the City of St. Joseph and Minnesota Service Cooperative creating the retirement VEBA. . 5. Public Comments to the Agenda 6. 7:05 PM - St. Joseph Fire Relief Association, Annual Report 7. 7:10 PM - College of St. Benedict a. Preliminary/Final Plat/Rezoning b. Special Use Permit c. Development Agreement 8. 7:20 PM - Brian Shields, 321 Cypress Drive, Interim Use Permit 9. 7:30 PM - Foxmore Hollow, Rick Heid/Bob Herges a. Final Plat / Development Agreement b. Variance - Setback from Holding Pond c. Special Use Permit / Development Agreement 10. 7:45 PM - Pond View Ridge 8, Rick Hied/Bob Herges a. Preliminary/Final Plat and Development Agreement 11. 7:45 PM - Morningside Acres, Sand Companies a. Preliminary / Final Plat / Development Agreement b. Variances - Design Standards c. Special Use Permit / Development Agreement 12. 8:00 PM - City Engineer Reports a. Water Distribution Report b. 16th Avenue SE - Bid Award c. Other Matters 13. Department Head Reports File 14. Mayor Reports 15. Council Reports . 16. Administrator Reports a. Workers Compensation Premium - Deductible b. Development Agreement - Safe Shred 17. Adjourn 2.) College Avenue North, PO Box 668 . Saint. Joseph, Minnesota )'6,74 Phone , 2. 0 ", 6 , , 7 2. 0 I rð x ,2.0,,6,,0,42. . St. Joseph City Council August3,2004 7:00 AM 1. Call to Order 2. Discussion on the proposed extension of the one-half cent sales tax 3. Adjourn . . NOTES to the Council........................ . Meeting Dates: At the last Council meeting we established meeting dates for public hearings and budgets. After the meeting we ran into some scheduling conflicts and re-arranged some of the dates and subject matters. Therefore, he is a summary of August meetings: August 9, 2004 5:00 PM Pending Monte Eastvold Debt Management/Bond August 16, 2004 5 :00 PM Budget 6:30 PM 295th Public Hearing August 19, 2004 Regular Council Meeting including hearing for 95th Avenue August 25, 2004 5:30 PM Budget, which will include a rate and WAC/SAC review Mark Lambert Proiect: Some of you may have heard about the happenings with the apartment complex lasts week. The City Building Official, Attorney, Engineer and myself met last Tuesday to discuss outstanding issues before a temporary Certificate of Occupancy was issued. Their was a list of drainage and erosion matters that needed to be addressed and the focus of the discussion was how can the City be protected to assure that all issues will be resolved. Based on review of the Development Agreement, the City provided Mark the opportunity to provide a letter of credit in the amount of$ 15,000 or the CO would not be issued. The remedy was not an attempt to create a hardship for Mark or prohibit the tenants from moving in on Sunday. Unfortunately the remedy was not accepted well and was seen as a bad faith effort on the behalf of City Staff. The end result is the City will be receiving the letter of credit and the outstanding items are being fixed. Mark does not agree with all the items but is working on them regardless. For your convenience I have enclosed the correspondence received from Mark. The last part of the correspondence makes reference to a "letter". We did not send the letter as we came to an agreement. This is only an FYI item and anyone wishing to discuss this matter further should contact me, . I will be happy to provide the additional documentation that was forwarded to Mark. I would like to Gomment that I appreciate the diligence of the City consultants and staff and I do believe that everyone was trying to protect the City. With regard to the lights for the apartments. We have received complaints from the neighborhood that the lights exceed the maximum spillage allowed under Ordinance. Mark has agreed to replace all the lights and they were scheduled to be replaced last Tuesday. We have hired Design Electric to measure the spillage. The cost of the measurement is an hour of labor which will be recouped through the Building Permit fees. We have conveyed to Mark that we were auditing the light spillage and would let him know of the results. Resignation by Michael Deutz: Enclosed in your packet is a resignation from Michael Deutz. His letter indicates he is resigning from the EDA and Planning Commission. Mike has expressed an interest in retaining his Planning Commission position until the term ends. His resignation from the EDA still stands. The EDA Board has accepted the resignation and is in the process of recruiting a replacement. . CITY OF STJOSEPH 08/02/04 12:24 PM Page 1 *Check Summary Register . Check Chk# Search Name Date Amount Comments 034520 COALITION OF GREATER MN CITIES 7/15/04 $175.00 conference in Austin MN 034521 HARDRIVES 7/15/04 $643.52 Class 5 for alleys 034522 LlNGL, GREG & JULIE 7/15/04 $275.00 cleaning service, June 034523 Traut Wells 7/15/04 $35.00 Water testing 034524 ACCOUNTEMPS 7/16/04 $816.00 The week ended 7/9/04 034525 BAKER ELECTRIC 7/16/04 $0.00 work at city hall to reverse improperly coded transaction 034526 COLD SPRING ELECTRIC SERVICES 7/16/04 $425.09 Softball field icemaker repair 034527 GM Drilling 7/16/04 $1,184.26 Installation of a watersoftener and starting the sprinkler 034528 GRANITE ELECTRONICS 7/16/04 $76.68 Six Nylon Carry Cases 034529 HOLIDAY INN- AUSTIN 7/16/04 $172.46 CGMC convention - Councilor Rassier - Confirm # 66214960 034530 INDEPENDENT TESTING TECHNOLOG 7/16/04 $24.00 Lake Wobegon Trail 034531 J T ELECTRIC SERVICE, INC 7/16/04 $13,300.00 Power connection and wiring for Lake Wobegon Trail Bldg 034532 LESNICK, MARGE 7/16/04 $140.00 2nd Quarter planning commission meetings 034533 MINNESOTA TRAVEL MANAGEMENT 7/16/04 $2,319.77 lease vehicle - 4182 gas 034534 ST. JOSEPH NEWS LEADER 7/16/04 $199.66 Legal Advertising - 321 Cypress Dr. Hearing 034535 WILMAR FIRE DEPARTMENT 7/16/04 $0.00 Quarterly Lake Region Meeting 034536 WILLMAR FIRE STATION 7/16/04 $14.00 Quarterly Lake Region Meeting 034537 POSTMASTER 7/19/04 $259.79 utility bill postage 034538 FIRST STATE BANK 6/30/04 $33.00 June ACH payroll origination and rtn dep fees 034539 ING LIFE INS & ANNUITY COMPANY 6/30/04 $75.00 6/23 deferred comp pay 034540 IRS 6/30/04 $8,233.936/23/04 electronic payments 034541 MN DEPARTMENT OF REVENUE 6/30/04 $1,091.41 6/23/04 payroll withholding 034542 PERA 6/30/04 $53.49 retirement pay .543 FIRST STATE BANK 5/28/04 $20.00 May ACH payroll origination 545 ERLANDER,STEPHEN 7/28/04 $75.00 partial return of damage deposit for fire hall rental 34546 ACCOUNTEMPS 7/28/04 $1,029.56 Week ended 7/16/04 034547 AT & T WIRELESS SERVICES 7/28/04 $147.00 police car modem 034548 BERGHORST, BRUCE 7/28/04 $60.00 Park Board and Planning Commission meetings - three 034549 BORGERT PRODUCTS, INC/SKN 7/28/04 $9,360.28 TIF PAYMENT - Interest 034550 GOLDLEAF PLASTICS, INC 7/28/04 $62.41 Map holder frame 034551 LESNICK, MARGE 7/28/04 $40.00 Park Board meeting - two 034552 LOSO, ANDREW 7/28/04 $100.00 Mowing and trimming 313 - 11 the Ave SE 034553 MAIER TYPEWRITER SERVICE 7/28/04 $123.43 toner cartridges 034554 MN HIGHWAY SAFETY & RESEARCH 7/28/04 $281.00 Law Enforcement, Ann Klein 034555 MUNICIPAL EMERGENCY SERVICES 7/28/04 $208.78 Rubber FW Bunker 5.5 wide & Boot 8.0W Bunker 034556 NCPERS GROUP LIFE INSURANCE 7/28/04 $9.00 life insurance 034557 SCHWEGEL'S TELEPHONE SERVICES 7/28/04 $60.00 added two extensions (22 & 25 to the calling group 034558 SEH 7/28/04 $82,092.84 engineering services - distribution system modeling and tower 034559 ST. JOSEPH NEWS LEADER 7/28/04 $293.72 legal advertising - PondView Ridge 6 hearing 034560 Traut Wells 7/28/04 $445.41 Sprinkler system repair at city hall 934561 UNUM LIFE INSURANCE 7/28/04 $397.46 disability insurance-august 034562 VISIONARY SYSTEMS L TO 7/28/04 $595.00 firehouse software support 034571 US BANK TRUST CENTER 8/2104 $3,004.49 6/1/04 debt service accrued interest adjustment 8/1/04 instead 034572 A-1 TOILET RENTAL 8/2/04 $63.90 safelite rental - kleinfelter park 034573 AUTO PARTS WEST, INC 8/2/04 $11.45 fuel line and clamps for park equipment 034574 AUTO VALUE PARTS STORES - WEST 8/2104 $51.76 oil filters, sea foam 034575 BLUE CROSS BLUE SHIELD OF MN 8/2/04 $7,820.00 september's premium 034576 BROWNING-FERRIS INDUSTRIES 8/2104 $9,908.08 refuse - residential 034577 CELLULAR 2000 8/2104 $2.61 cell phone 034578 COLD SPRING ELECTRIC SERVICES 8/2104 $228.63 installation of three outlets in the city offices 034579 ELECTION SYSTEMS & SOFTWARE 8/2104 $1,100.00 service contract for equipment . CITY OF ST JOSEPH 08/02/04 12:24 PM Page 2 *Check Summary Register · Check Chk# Search Name Date Amount Comments 034580 FARM PLAN 8/2104 $64.97 filters for park equipment 034581 GOVERNMENT FINANCE OFF ASSN 8/2104 $650.00 intermediate governmental accounting training 034582 Granite Electronics 8/2104 $145.00 exterior speaker for radio equipment 034583 HAWKINS WATER TREATMENT GROUP 8/2104 $570.16 water treatment chemicals 034584 HENRY & ASSOCIATES 8/2104 $3,016.69 remote water meters and misc hardware 034585 KEEPRS, INC/CY'S UNIFORMS 8/2104 $1,009.05 men's navy cargo pants and txtrp shirt - Lindberg 034586 MIES EQUIPMENT 8/2104 $95.82 parts for park equipment - mower deck wheels 034587 MINNESOTA ELEVATOR, INC 8/2104 $74.56 july service 034588 NORTHERN STATES SUPPLY INC 8/2104 $17.04 marking flags 034589 Office max 8/2104 $66.30 office supplies - 034590 PITNEY BOWES 8/2/04 $170.77 postage machine rental 034591 PRINCIPAL LIFE 8/2/04 $1,347.08 dental and life insurance 8/15/04 - 9/14/04 034592 PURCHASE POWER 8/2104 $237.65 postage 034593 QPR 8/2/04 $216.00 3 tons of cold patch 034594 QUILL CORPORATION 8/2104 $21.76 laser shipping labels 034595 REED CONSTRUCTION DATA 8/2/04 $271,22 ads for 16th ave improvements 034596 Rudolph's 8/2104 $13.31 oil filters for park equipment 034597 SHAMROCK LEATHERS, INC 8/2/04 548.99 park board service awards 034598 ST. JOSEPH NEWSLEADER 8/2/04 $127.82 annual disclosure - tif 034599 STATE REGISTER 8/2/04 5192.80 ads for 16th ave improvements 034600 STEARNS COOPERATIVE ELEC. ASSN 8/2/04 5908.29 utilities - northland drive 034601 TIREMAXX SERVICE CENTERS 8/2/04 $6,50 repair a flat tire on tractor 034602 TOTAL CONTROL SYSTEMS, INC 8/2/04 $55.86 bulbs for lift station panels 034603 TRAUT WELLS 8/2/04 $35.00 water test · 034604 US BANK TRUST CENTER 8/2104 $2,425.00 agent fees for 2004 go bonds 034605 US CABLE 8/2/04 $91.10 internet service 034606 XCELENERGY 8/2104 5494.83 gas/electric service 034607 ZEP MANUFACTURING 8/2/04 $77.28 park supplies - towels $159,589.72 · . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3( c) DATE: Police Department ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM ÞDIIl:~ ~V{;l~ Safe &. gð r GNmt - Requested Action: Authorize the Administrator to execute the Grant Agreement between Minnesota Alcohol and Gambling Enforcement and the City of St. Joseph for funding in the amount of $ 3,500.00 PREVIOUS ACTION . RECOMMENDED COUNCIL ACTION Authorize execution as requested FISCAL IMPACT $ 3,500 to help recoup Police Staffing hours for special events such as Pine Stock, Senior Farewell and house party enforcement. COMMENTS/RECOMMENDATIONS . MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement Division . 444 Cedar Street, Suite 133, St, Paul, Minnesota 55101-5133 Phone: 651/296-6159 FAX: 651.297.5259 TIY: 651/282-6555 Internet: http://www.dps.state.mn.us RECEIVED Aleohol JUL 1 5 2004 and Gambling To: Chief Law Enforcement Officer Enforcement CITY OF ST JOSEPH Bureau From: Scott Stewart, of Criminal Project Coordinator Apprehension Capitol Security Date: 6/28/2004 Division Subject: Grant Contracts of Homeland Security and Emergency Management Attached you will fmd four copies of your grant contract. Please sign where Office of Justice indicated and forward to your City/County Administrator for their signature. Programs When you have all signatures, return the four copies to me. Driver . and Vehicle Please note, do not begin anv grant work until you have received a signed grant Services- copy back from this office as your department's grant will not be valid until State Fire Marshal that time. and Office of Pipeline Safety Minnesota If you should have any questions contact me at 651-215-6213. State Patrol Office of Traffic Safety , . EOU,i>,L OPPORTUNITY EiviPLOYER ANNUAL PLAN GRANT CONTRACT ENCUMBRANCE WORKSHEET . copy po#: CJ/&}-655 Annual Plan Line # State Accounting Information: Agency: PO? Fiscal Year:2005 Vendor Number:053649001-00 Total Amount of Contract: $3,500 I Amount of Contract First FY: $3,500 Commodity Code: Commodity Code: Commodity Code: . Object Code:5BOO Object Code: Object Code: Amount: $3,500 Amount: $ Amount: $ Accountin Distribution 1: Accountin Distribútion 2: Accountin Distribution 3: Fund:3 00 Fund: Fund: OrglSub.9119 OrglSub. OrglSub. Appr.909 Appr. Appr. Activity Activity Activity pt. Catg. Rept. Catg, Rept. Catg. Amount: $3,500 Amount: $ Amount: $. Contract Start Date: 07-01-04 Obiect Codes Expiration Date: 05-31-05 5AOO Coùnties 5BOO Cities Contractor Name and Address: 5COO School Districts City of StJoseph 5DOO Higher Education St. Joseph Police Department Box 268 5EOO Other Government St. Joseph, MN 56374 5FOO Inter-Agency 5GOO Non-government Soc. Sec. or Federal Employer LD. No. 41-6008146 5HOO Individual Minnesota Tax J.D. No. (if applicable): 8031257 This Page Contains Private Data Do Not Circulate . DO NOT REPRODUCE OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR yr6Encumbwrksheet, rev, 9/02 STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Alcohol & . Gambling Enforcement Division. 444 Cedar Street. Suite 133 Town Square, St. Paul. MN 55101-5133 ("State") and the City of St. Joseph. St. Joseph Police Department. Box 268. St. Joseph.:WIN ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.01. Subd 2(4) the State is empowered to enter into this grant contract, 2 Federal Funds for this grant contract are provided under the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Department of Justice to enforce underage drinking la\vs by prohibiting the sale or consumption of alcoholic beverages by minors. " The State is in need of alternate enforcement activities by local jurisdictions to address underage persons in possession .) of alcohol. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: Julv 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: Mav 31. 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. . 2 Grantee's Duties The Grantee, who js not a state employee, will: 2,1 Conduct independent investigations of adult providers of alcohol and underage use of alcohol as specified in Attachment A, which is attached and incorporated into this grant contract. The approved investigation is for added enforcement aimed at party houses on the campus' of the College of St Benedict and St. Johns University. 2.2 Report fmdings back to the State using the State approved reporting form. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Stat. § 340A.415. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $ 3,500.00. for reimbursement of officer actual overtime. including fringe benefits. for conducting independent investigations of adult providers of alcohol and underaœ use of alcohol under this program. (2) TotalObligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $3.500.00. Three Thousand Five Hundred Dollars and noll OO's dollars. 4.2 Payment e (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. FY05 AP Investigation 05/04 1 Invoices must be submitted timely and according to the föllowing schedule: Itemized invoice and report must be fIled together, in arrears, and within 30 days of the period covered by . the invoice for work satisfactorily perfoimed using the form titled "Grant Program Adult Provider Investigation Invoice for Payment Form" provided by the State and attached to this grant contract. Final invoice and report must be received no later than June 30, 2005. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title Juvenile Justice & Delinquency Prevention CFDA number 16.727 of the Department ofJusticeAct of 1974 Sec. 261.262 Public law 93-415 and amendments thereto. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full [mancial responsibility for any requirements impo'sed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Scott Stewart, Proiect Coordinator. 444 Cedar Street. Suite 133 Town Square, St. Paul MN 55101-5133, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Peter Jansky, Chief, St. Joseph Police Department. Box 268. St. . Joseph, MN. 320-363-8250. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver,- and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits . . Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. FY05 AP Investigation 05/04 2 Grantee will also comply with all federal audit requirements specified in Attachment B, which is attached and incorporated into this grant contract. 10 Government Data Practices . The Grantee and State must comply with the lvlinnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13 .08 apply to the release ofthe data referred to in this clause by either the Grantee or the State. lfthe Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notifY the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the lYIinnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphletS, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. . 12.2 Endorsement, The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by tlte State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' wTitten notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, detennined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision ofthe Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure . Under Minn. Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota ta.,x identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. FY05 AP Investigation 05/04 3 These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. ~. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies thatfunds have been encumbered as required by Minn. S~at, §§ I6A.15 a 16C.05. By: (with delegated authority) Signed: Title: Date: Date: Annual Plan Grant Contract No. ~ 1 fl)-555 2. GRANTEE By: Title: .ate: Distribution: DPS/FAS Grantee State's Authorized Representative . FY05 AP Investigation 05/04 4 - - MINNESOTA DEPARTMENT OF PUBLIC SAFETY __-_u .--~.,·-_---.-.-_.-_.~7_m_~-__~__-___u_._ _"_______"- __ _."_.____________ --,-.~_ _.__-._-.~_ _,__. ._.'0_____" _.____ ____ _. __n_ ~ ~ _ :-:-::::.::::~*:'Õ_~.::::~:_:;~~:_7_õ....~:0_'':~~---.;..:...,._.:~~.'-..::-~~~'-._-~'"~~~~.~:_:"'"':..;'-''-'-.:......:....:..-~-""''--. . ~,...~.-O- - '0""':--0-0-- ,,'":,..;..:~,,:__c_',:..:....:~:.~~~-'-~:_õ_'_. -~----~--_.__.__..~------_.---_.- .--- --- --.--------.- -----.- -_._--~-- ---- -. -.- ------- .-------- 4.~jl',[~:,~;~,~Ì",;î~¡¡~1"¡;~lro"<~:;~:~~:~;~:·~··J;~;~'. ..~j,~,,;Ìf;;,.EcjI!t . '''l''Ï··~ .-7r~l~u-· rlM1û€Inaille'-EJnffiolcemEnlu!K:nlllhcatl0n.·..... ....... ..... . -~.~ : ifIì2 7l!»; .' . DATE: 04/27/04 '. !liE . Year ~ . . ' Depar,tment Name: St. Joseph Police Department DepartrnentAddress: POBX 268, St. Joseph, wIn 56374 L."'> ~ \ , ~~ ~Ou ~;;., __ I J\....) Department Phone Number: 320-363îftg2;yQ.1~'t, is':!'\,_ ~~~~ ~~c---à~} f:f::--:-~L~~ . .chief Law Enforcement Officer Name: Peter trlânsq Grant PundingCoordinator Name: Peter E. Jansky Grant Coordinator Phone Number: 320-363-8250 Federal Employer ill #: 416008146 Mn. Tax ill #: 8031257 Anticipated date(s) when Alternate Enforcement activities willbe conducted: . 1.) September 2004 2.) April 2005 3.) Describe type of Alternate Enforcement PlaD.I;led: To break Up parties at local party houses where àlcohol is being sold and served to underage persons. To assist with large gatherings where alcohol is being used and served to underage persons ie: Homecoming, Pinestock, Senior Fairwell. Number of Officers needed for each Activity: 4 Number of Total Hours for Activity: To break up house parties: 4 officers x4 times x 4hrs~64hrs / Three yearly gatherings Homecoming,Pinestock, Senior Fairwell: 4 officers x 3 times x 8hrs= 96ms Additional information or comments: St. Joseph is home to the College of St. Benedict and . support to St. Johns University. We also deal with students from St. Cloud State University and St. Cloud Technical College. The City of St. Joseph has more than 30 college party homes and apartments. When weather is nice \ve may have six to eight partys going on in one eveníng. We I have found that by and large most of the people attending these partys are underage. Underage persons caught are cited arid sent through the court system. People that are caught selling or . providing alcohol to underage persons are also sent through the court system. The St. Joseph Police Department has a zero tolerance on alcohol violations. . ; . '. Exhibit S, page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients that are state or local qovernments. non-profit orqanizations. or Indian tribes . If the grantee expends total federal assistance of $300,000 or more per year, the gràntee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1,1987, For subrecipients that are institutions of hiqher education or hospitals If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMS Circular A-11 0 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. . 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the indepe-ndence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMS Circular A-133 (or A-11 0 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental Units," issued in 1986, The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report, 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMS Circular A-133, 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single . Audit Act and OMS Circular A-133, (04/03) Exhibit B., Page 2 of 2 . 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Required audit reports must be filed with the State Auditor's Office, SinÇJle Audit Division, and with federal and state aÇJencies providinq federal assistance, and the Department of Public Safety within six months ofthe ÇJrantee's fiscal year end. OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: -Bureau ofthe Census Data Preparation Division 1201 East 10th Street Jèffersonville, Indiana 47132 .... Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services . 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 e (04/03) MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement Division . 444 Cedar Street, Suite 133, St. Paul, Minnesota 55101-5133 Phone: 651/296-6159 FAX: 651.297.5259 TTY: 651/282-6555 RECEIVED Internet: http://www.dps.state.mn.us To: Chief Law Enforcement Officer JUL 1 4 2004 From: Brian Kringen - Law Enforcement Liaison Officer CITY OF ST JOSEPH Date: 6/28/2004 Alcohol Subject: Grant Contracts and Gambling Enforcement Attached you will find four copies of your grant contract. Please sign where Bureau indicated and forward to your City/County Administrator for their signature. of Criminal Apprehension Vlhen you have all signatures, return the four copies to me. Capitol Security Enclosed, you will also find a "State Statute / Local Ordinance Verification Division FOnTI" Please review the ordinance verification fornl, secure the signature of of Homeland the local licensing authority for your jurisdiction and sign the fonn yourself and Security and Emergency return the fonn to this office with the grant contracts. As indicated, if you are Management using your own local ordinance, please enclose a copy of this ordinance and Office of Justice return it to this office along with the signed contracts. If using Minnesota Programs Statute as a basis for the civil penalties, you need only indicate this on the Driver form, obtain signatures, and return. . and Vehicle Services Please note, do not begin ill2Y grant ,"vork until you have received a signed grant State Fire Marshal copy back from this office as your department's grant will not be valid until and Office that time. of Pipeline Safety Minnesota Please note that a new "Invoice for Payment + Compliance Check Report State Patrol Form" has been generated and we ask that you utilize this fonn for reporting Office of Traffic the results of the checks and requesting payment. The payment for the rounds Safety of checks completed will be paid to your agency following the completion of both rounds. By using this fonn, we are better able to identify when checks were completed, the results of all checks done, and civil penalties assessed against the failing establishments. A copy of this fonn is enclosed in this mailing for your infonnation. This fonn CM be accessed by going online to vvvv'\v.dps.state.mn.us and clicking on the Alcohol and Gambling Enforcement Division logo on the left. TIlls will get you to our page, where you will find numerous topics listed. Click on "Combating Underage Drinking Program" (about halfway down the list). At the extreme bottom of the page you are now on, you will see, (in the Excel fonnat), "Invoice for Payment". This is set for you to enter the names of the establishments, the date(s) when the compliance checks were done, and the results of the checks as well as the penalty assessed to the failing establishment. Thank you for no\\' utilizing this form as it will . result is easier access to data for our purposes. This fonn can be printed out when completed and sent to our division for payment. If you should have any questions contact me at 651-282-5218, or Scott Stewart at 651-215-6213. EQUÂL OPPORTUNITY EMPLOYER MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 133, St. Paul, Minnesota 55101~5133 Phone: 651/296"6159 FAX: 651.297.5259 TTY: 651/282-6555 Internet: http://www.dps.state.mn.us State Statute I Local Ordinance Alcohol & Verification Form Gamblíng Enforcement Bureau of _ Criminal The Minnesota Department of Public Safety: Alcohol and Gambling Enforcement Division Apprehension advises local liquor licensing officials that they must pursue civil penalties against licensees Capitol Security whose establishments sell alcohol to minors during underage compliance checks. Civil action Center for by either city or county ordinance or by application ofM.S.340A.415 must be taken by the Crime Victim local licensing authority. By application for underage grant dollar:::; and by signing below, each Services community aclmowledges and accepts the responsibility for imposing civil penalties against Driver & Vehicle failing licensees. This form must be returned along with the signed contracts to assure Services eligibility for 1,frant dollars. Check the one below that applies to your county or citY:' Drug Policy & We will be using MN. Statute 340A.415 as a basis for civil penalty imposed on Violence Prevention licensees who fail. .mergency We will be using our city or county ordinance as a basis for civil penalty imposed on nagementJ Emergency licensees who fail. (Please attach a copy of most current ordinance to this form). Response Commission State Fire Marshall Chief Law Enforcement Officer (Signature) Pipeline Safety State Patrol . Traffic Safety Print Name of Above Officer Title of Above Officer Date Local Licensing Authority Representative (Signature) - Print Name of Above Representative . Title of Above Representative Date .'(1'), :..§<: -. . . .,'. - .". ." .<D, . .... 3· 3- . 'm - - ~ '5' ">.. C) -92 .~. '- õ' . ~;"~'H ~ ... If .' ., ~ :t ~.~ ~ ::;: ::;: f' ()1 ()1 -- -- '0'0 " u" .,., . ..' , ..' . ...;þ...... .þ. ..... ..' .. .'., " ..... ..~ -.- -- - . - - - - - .-- - - '. -" < _. _" _._ _.d __ __ _ _ __ ._ :d----t,"----'-,¡I'i¡ :----¡,' :--'In'¡-i,---¡¡----¡'n' ~'-----'I!'" ". >_ c' -----<n Ji I ~¡ i !; j ! ; _ ¡! '! 11 : ¡J -u I \:I 'EEJm@tij@¡¡¡mruGJ¡ ~ im~G:Ji ~ ".....c~.;._.·. ft--. . .,..n~ ';~;~"'" , -69 '-69' -69 W: -69 -69' -69 . -69 '-69' -69 ..... .... Ie ,0 0 0 -0 0 '0 '0 0 0 0 .'~ ~ 'g8 8g,8g8 8 8 8 ~ tt\ S:- '(.0. (.0 "--...- -.... ~ -~ :-<0' .. co 5: -:.~-- -..... '0,-0 " ' '. .. . , '. . .., .... . . ..... '()1.' .' .... ()1 c:s .. - : - - .......--;,--'--j,--.'@. '--¡~l'¡--"i~~' ''---;~'Ic----j'm- , ........ ;-:lr ~_ 'i II ! ¡¡ - I Ii ! ! ¡ 11 " n -0 ¡" _ --....... ili ~ ~ ~ Ii ~ Ii ~ Gji ~ il ~ II ~ II ~ ì~1 ~ ~ ~ ,i ~ ~ ~ ~ R ()1 , -69 '-69 . -69 -69 0 o ·0 '0 '0 0 o 0.' . 0 -0. 0 " "->-. C. ..I 00 0 0 0 ".'.-' ~ .' :....»~; " ~ .:--'- ª:g ~ g' ~. ~ ¡ .... CS ~ ~ ~ ANNUAL PLAN GRANT CONTRACT ENCUMBRANCE WORKSHEET . COPY' po#: qlfij.- 553 Annual Plan Line # State Accounting Information: ' Agency: P07 Fiscal Year:2005 Vendor Number:05364900 1-00 Total Amount of Contract: $540 I Amount of Contract First FY: $540 Commodity Code: Commodity Code: Commodity Code: Object code:5BOO Object Code: Object Code: . Amount: $540 Amount: $ Amount: $ . Accountin Distribution 1: Accountin Distribution 2: Accountin Distribution 3: Fund:300 Fund: Fund: OrglSub.9119 OrglSub. OrglSub. Appr.909 Appr. Appr. Activity Activity Activity t. Catg, . qll Rept. Catg. Rept. Catg. Amount: $540 Amount: $ Amount: $ Contract Start Date: 07.:01-04 Obiect Codes Expiration Date: 05-31-05 5AOO Counties 5BOO Cities Contractor Name and Address: 5COO School Districts City of StJoseph 5DOO Higher Education· St. Joseph Police Department Box 268 5EOO Other Government St. Joseph, .MN 56374 5FOO Inter-Agency 5GOO Non-government Soc. Sec. or Federal Employer J.D. No. 41·6008146 5HOO Individual Minnesota TaxLD. No. (if applicable): 8031257 This Page Contains Private Data Do Not Circulate . DO NOT REPRODUCE OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR yr6Encurnbwrksheet, rev. 9/02 STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Alcohol & · Gambling Enforcement Division. 444 Cedar Street. Suite 133 Town Square. St. Paul. MN 55101-5133 ("State") and the City of St. Joseph. St. Joseph Police Department. Box 268. St. Joseph. MN ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.OL Subd 2(4) the State is empowered to enter into this grant contract. 2 Federal Funds for this grant contract are provided under the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Department of Justice to enforce underage drinking laws by prohibiting the sale or consumption of alcoholic beverages by minors. 3 The State is in need of a compliance checks program by local law enforcement of liquor establishments within their jurisdiction. 4 The Grantee represents that it is duly qualified and agrees to perfonn all services described in this grant contract to the satisfaction ofthe State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: Julv 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: May 3 L 2005, or until all obligations have been satisfactorily fulfilled, 'whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties · The Grantee, who is not a state employee, will: 2.1 Conduct independent compliance checks at licensed liquor establishments within their jurisdictions as specified in Attachment A, which is attached and incorporated into this grant contract. 2.2 Report findings back to the State using the State approved reporting fonn. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Stat. § 340AA15. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant cçmtract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be paid an amount not to exceed $540.00 based on the following method of payment: $30.00 per completed compliance check. (2) Total Obligation. The total obligation ofthe State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $540.00. Five Hundred Forty Dollars and nollOO' s dollars. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually perfonned and the State's Authorized Representative accepts the invoiced services. · Invoices must be submitted timely and according to the following schedule: Itemized invoice and report must be filed together, in arrears, and within 30 days of the period covered by FY05 AP Compliance Check 05/04 1 the invoice for work satisfactorily perfOImed using the form titled "Underage Drinking Compliance Check Invoice for Payment Form" provided by the State and attached to this grant contract. Final invoice and report must be received no later than June 30,2005. . (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title Juvenile Justice & Delinquency Prevention CFDA number 16.727 of the Department of Justice Act of 1974 Sec. 261.262 Public law 93-415 and amendments thereto. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full [mancial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law . 6 Authorized Representative The State's Authorized Representative is Scott Stewart, Proiect Coordinator, 444 Cedar Street, Suite 133 Town Square, St. Paul MN 55101-5133, or his successor, and has the responsibility-to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Peter Jansky, Chief, St. Joseph Police Department, Box 268, S1. Joseph, MN 320-363-8250. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediiltely notify the State. . Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to tills grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. . 7 .4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including àttomey's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. . Grantee will also comply with all federal audit requirements as specified in Attachment B, which is attached and incorporated into this grant contract. FY05 AP Compliance Check 05/04 2 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, lYlinn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of. Minn, Stat. § 13 .08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notifY the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims thatmay arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no \vay the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identifY the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, infonnational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue . Minnesota law, without regard to its choice-of-la\v provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach,-must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by tlte State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon tennination, the Grantee will be entitled to payment, detennined on a pro rata basis, for services satisfactorily perfonned. 14.2 Termination for Insufficient Funding. The State may immediately tenninate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Tennination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date oftennination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily perfonned to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure Under Minn, Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its sociaL security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. e These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. FY05 AP Compliance Check 05104 3 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies thatjunæ have been encumbered as required byMinn. Stat. §§ 16A.15 and 16C.05. By: .gned: . ~L~~J.ÀJD (with delegated authority) Title: Date: l-~ --DL-\ Date: Annual Plan Grant Contract No, q ((j()-553 2. GRANTEE By: Title: Date: Distribution: DPS/F AS Grantee . State's Authorized Representative . FY05 AP Compliance Check 05/04 4 - - MINNESOTA DEPARTMENT OF PUBL'.é SAFÈ~' __ .__ __ - ____ ___n_.._ _____ _ ._____ __ _n ______ __ __ -- . - - - - - -- - - - -- - -. - - - - --- --. --- --- - - AITACHMENT "A" . Underage COßlplil1nce Cheek PrDgram . - _______ u_ J.k~! ~ l)ðII1J1i1lg ~ft!JMlf Application for Grant Program Year #6 Funds ~.Rtt'1>. ~ m\Z"'I. DATE: 4/27/04 ... If#. Department Name: St. Joseph Police Department Department Address: BX 268~ St. Joseph, MN 56.374 ¡¡. . Department Phone Number: 320-363-8250 '-If ~//; ~ Chief Law Enforcement Officer Name: PeterE. Jansky 5 if)· Grant Funding Coordinator Name: Peter E. Jansky Grant Coordinator Phone Number: 320-363-8250 Federal Employer ill #: 416008146 MN Tax ill #: 8031257 Anticipated date(s) when establishment compliance checks '1,1111 be conducted: . 1.) 9/1/04 2.) 4/1/05 3.) Name(s) & addresses of establishments where compliance checks will be conducted: 1.) LaPlayette Bar 16 College Ave N. 2.) Amoco Liquor 206 1st Ave NW 3.) Loso's Pub 211vIN St. W. 4.) iunerican Legion #328 101:MN St. W. 5.) Sal's Bar 109 MN St. W. 6.) ElPaso Club 200 2nd Ave Nw 7.) St. Joseph Liquor Shoppe 225 Cedar St. E. 8,) Lighthouse 1985 88th Ave. 9.) Bo Diddleys 19 College Ave N. 10.) After you have completed #10, use the "enter" key to continue on with additional entries. Total reimbursement amount requested: (S30 per round each establishment checked) $ 540 Explain Department's Plan for Use of Funds: The St. Joseph Police Department will use the money from this grant to reimburse officers for their time. The grant would also be used to reimburse the underage person for their time in . making the attempts to purchase along with the money to make the purchases. Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS . 1. For subrecipients that are state or local qovernments, non-profit orqanizations, or Indian tribes If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made fofthe fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecipients that are institutions of hiqher education or hospitals If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain afinancial and compliance audit made in accordance with OMS Circular A-110 "Requirements for Grànts and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with . applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the GeneralAccounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMS Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133, . 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMS Circular A-133. (04/03) Exhibit B., Page 2 of 2 6, The Statement of Expenditures form can be used for the schedule of federal assistance. . 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8, Required audit reports must be filed with the State Auditor's Office, Sinç¡le Audit Division, and with federal and state aç¡encies providinq federal assistance, and the Department of Public Safety within six months of the ç¡rantee's' fiscal year end. OMS Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services . 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 . (04/03) I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Consent 3( d) DATE: August 5, 2004 Police ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Grant Agreement - Requested Action: Authorize the Mayor and Administrator to execute the Grant Agreement between the City of St. Joseph and MN Department of Public Safety for participation in the Safe and Sober Overtime Grant. PREVIOUS ACTION The City has participated in the program for the past three years. The grant is a joint application between the Cities of Waite Park, St. Joseph, Cold Spring and Stearns County. . RECOMMENDED COUNCil.- ACTION Authorize execution as requested. FISCAL IMPACT The City is responsible for paying for the benefit cost of the officer (work comp, Medicare and Pera) and the gas. COMMENTSIRECOMMENDATIONS . I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Consent 3( e) DATE: August 5, 2004 Engineering ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Application for Payment - Liberty Point PREVIOUS ACTION The City authorized the improvements for Liberty Point and bond for the same. This'payment is part of the project that has been under construction since 2003. . RECOMMENDED COUNCIL ACTION Authorize execution of the application and payment in the amount of$ 52,144.79 FISCAL IMPACT Part of the 2003 General Series Bond COMMENTSIRECOMMENDATIONS e J¿ , < /~ RECEIVED SEH AUG 0 2 2004 · CITY OF ST. JOSEPH July 30,2004 RE: S1. Joseph, Minnesota 2003 Liberty Pointe Improvements SEH No. A-STJOE 0306 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of S1. Joseph P.O. Box 668 S1. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No.9 for this project. We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: · R. L. Larson Excavating, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. Sincerely, ~ ~tendOrf' PE City Engineer Jmw Enclosures X:\S\sljoe\OJOóOO\spec.sIAPL- Q,doc · Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O, Box 1717, St. Cloud. Mt'J 56302-1717 SEH is an equal opportunity employer I www.sehinc.çom ! 320,229,4300 ! 800,572,0617 ! 320.229.4301 fax 11 a: (djii C')~ 0 .,..... 0 0 C') 0 0 0 Ie 0 0 0 ,... 0 UJO!ŒI 00 è\¡0 0 0 0 0 CD 0 0 0 0 ,.... 0 0 0 Zl--~ g~ ci ci r.ti ci N <Ó ci ...¡. c.; g <Ó ci ..¡. ci s:OW ~'O {,17 C') 0 CD ~ LO (\ C') LO {,17 ~ {,17 Oel ,....C') '0 ,.... CD CD 0 ,... ~ 0 ,.... CD III O~ 00 ,.... c6 LÒ Ô a> ("j' ..¡ ,.... ("j' ,....- r-: .,..... .§ {,17 {,17 C') (\ C') {,17 {,17 0 ,.... 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X (/) :E 00::5 c ..c ..c Q) rn § 0 :5~-J O-J 000 >- ~..,. ,....NC')-:!'It) :J +-' ~ £ Q) EO 'LOO roC) ro....., ~ ø·-J ..... Q) E"õ.c~ Q) -JLO' IO' ~O' ,f- . 00000 .c 0 ::: 0> Q) ~ 'C\Jf- W I- - I- a:: «øa: w OZZZZZ 1-':::.8 ~ C\1 £ I- a:C\J(/) (/)Q.(/) OQ..ø u..0 = a:: a:: a::e:a:: Q ~WWWww W Z ó a:: IJ)QQOOQ Q o Z g :Ea::a:: a:: a:: a:: Q Z C ~ I- (,) wOOOOO W W W < (,)cr:< _ ~WWWWW ~ :E > - (,) wwa:: ~ -JCJCJCJGCJ -J ~ :E 0 :J .., I- ~ c(ZZZZZ < "'" 0 a: D. OZz m 1-««< I- III (,) ~ _ Q. e: 3:0 0 iH!iJ O:E::E::E: :E: :E: 0 :I ' W ~ < ~ 0 ~ 1-00000 I- IJ) e: < I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Consent 3(t) DATE: August 1,2004 Cable Commission ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Cable Commission Salary - Authorize increase in salary of $1 00.00 PREVIOUS ACTION By request of the Cable Commission, the City Council established a salary for the two main cable commissioners, Noreen Loso and Tom Nahan. The salary was set at $ 200 per month with the salary paying for all meeting time and updating the system as needed. In addition, the Cable Commission hired . two students to assist with meetings and updating the bulletin board. Those two students are no longer working with the Cable Commission. Therefore, Noreen and Tom must do all the work. RECOMMENDED COUNCIL ACTION Accept the request as submitted increasing the salary effective August 5,2004. FISCAL IMPACT For your convenience I have enclosed the Cable Commission budget. Since they do not have any assistants they are proposing to use the funds designated for the same. COMMENTSIRECOMMENDATIONS ~ ~ MEMORANDUM . TO: ST. JOSEPH CITY COUNCIL FROM: CABLE COMMISSION SUBJECT: REQUEST FOR INCREASE IN PAY DATE: 7/15/2004 The St. Joseph Cable Commission would like to respectfully request an increase in salary of the two Cable Commissioners for the remainder of this year, and going forward until conditions change. The Commission has been operating for the last six months with 50% less staff, and recently there has been an increase in the number of special meetings. Even with the assistance of Sarah in posting the City Meeting Agendas, which we are extremely grateful for, our workload has increased considerably. Our goal, as always, is to provide a means of communication from the City of St. Joseph Government to the residents of St. Joseph by means of a quality media product, and we . continue to strive toward perfection in this goal. We are asking for funds that were directed in our budget for the stipend payment to the interns, be redirected into salaries for the commissioners and our salary increased from $200.00 per month to $300.00. Respectfully submitted, \A~ eX 7 ( thL¿.."l (kI--<-) Noreen Loso ~0?t?.~a~ Tom Nahan ~ ~ CITY OF ST JOSEPH 08/02/04 11 :27 AM Page 1 Cable Commission . 2004 YTD May 2004 Account Descr _ Budget 2004 Amt YTD Amt Balance =UNO 101 General E 101-41950-101 Salaries $4,800.00 $400.00 $1,628.57 $3,171.43 E 101-41950-103 Legislative Bodies $2,880.00 $0.00 $0.00 $2,880.00 E 101-41950-122 FICA Contributions $300.00 $24.80 $100.97 $199.03 E 101-41950-125 Medicare Contributi $70.00 $5.80 $23.61 $46.39 E 101-41950-151 Workers Camp. Ins . $0.00 $0.00 $0.00 $0.00 E 101-41950-210 Operating Supplies $150.00 $8.56 $8.56 $141.44 E 101-41950-230 Repair & Maint $500.00 $192.77 $254.12 $245.88 E 101-41950-304 Legal Fees $0.00 $0.00 $0.00 $0.00 E 101-41950-580 Other Equipment $0.00 $223.65 $223.65 -$223.65 UNO 101 General $8,700.00 $855.58 $2,239.48 $6,460.52 UNO 108 Cable Access Fee E 108-41950-580 Other Equipment $0.00 $0.00 $0.00 $0.00 UNO 108 Cable Access Fee $0.00 $0.00 $0.00 $0.00 UNO 490 Capital Outlay E 490-41950-580 Other Equipment $988.84 $0.00 $0.00 $988.84 'UNO ~O tapital Outlay $988.84 $0.00 $0.00 $988.84 $9,688.84 $855.58 $2,239.48 $7,449.36 . - - . I 'Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3(g) DATE: AugustS, 2004 Cable Commission ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Cable Equipment - Authorization to purchase additional equipment using PEG Access fees PREVIOUS ACTION The Council imposed a .60 PEG Access fee per month in 2003. This fee can only be used for Cabl~ Equipment. . RECOMMENDED COUNCIL ACTION Authorize the expenditure of $ 1,842.12 FISCAL IMPACT The attached financial fonn indicates that since the imposition of the fee, the City has received $ 3,982.19. Therefore, funds are available and the use is a pennitted use of funds. COMMENTS/RECOMMENDATIONS - - Complete Electronics Inc. Estimate 18 Birch Street East Box 111 St. Joseph. MN. 56374 Number: E101 . Voice: 320-363-0535 Fax: 320-363-4665 Date: August 01, 2004 Bill To: Ship To: ¡City of st. Joseph ! ¡ (Cable Cornmision I I 25 N College Ave. I !St. Joseph, pm 56374 320-363-7201 I i ) ¡ , \ Customer # I Service Rep. ! , I I PO Number Terms Project , i I I I 3Q Days Brian I Council room mics , I I i ¡ I I I I , I Description Price/Rate I Tax Amount I I A~dience Microphones I 3.00\ 105.00 ...; 315.001 I PS-ll Phantom Power s~pply for microphones I 1. 00 I 39.80 ...; 39.801 I 75.001 ¡ 56.251 BLD-MIC Belden Mîcrophone cable for PZM microphones I 0.751 ...; ì \ Mini-T-~ Leightz 8 input Video/Audio Controller and I 1.001 990.001 .., 990.001 Sv-litcher i i ¡ ! i I j Labor i 1. 00 I 350.001 350.001 ! ¡ . i I j ! i I ! ; I , ; i ¡ ; i I j , , i I I ! I ! ¡ i ¡ I I , \ ¡ I I I I I I I 1 I I : ! I I ! i í I ! ¡ I ¡ ; , ¡ I i ì I i I I i i ! ¡ J i I ¡ , I \ I Sub-Total , $1,751.05¡ State Tax 6.50% on 1,401.05 91. 07 i I Total I $l,842.12j - - CITY OF ST JOSEPH 08/02/0411:34 AM Page 1 Audit Revenue . 2004 SOURCE SOURCE Oescr Budget Rev YTD Amt Balance FUND 108 Cable Access Fee 32186 Franchise Fee $7,600.00 $2,633.99 $4,966.01 FUND 108 Cable Access Fee $7,600.00 $2,633.99 $4,966.01 2ðO ~ i 3L/g: ?-O ...- J . ¡r-- ~ - -._-.~- :"'¡u n c(5 ", (J.Vo. t /á kJ(é" '. 3q fJ.1tl/ . - I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Consent 3(h) ;DATE: August 5, 2004 Wastewater ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Truck Equipment - Authorize the equipment for the 2004 Sewer Truck Purchase PREVIOUS ACTION The Council has previously authorized the purchase of the Ford F250 and Plow. The funds for the truck will be expended from the Sewer Fund. . RECOMMENDED COUNCIL ACTION Authorize the equipment purchase as requested FISCAL IMPACT $ 2,251.94 COMMENTS/RECOMMENDATIONS In the future when vehicles are requested to be purchased, the total purchase price will be presented to the Council so that you are aware of the total cost for the equipment. Since the truck has already been approved it has been ordered and should be arriving shortly. As FYI, the same equipment, less the plow will need to be approved for the water truck that has already been approved. . Date: July 9,2004 · To: Judy Weyrens, City Administrator From: Jim Marthaler, Wastewater Supt. Re: Pickup Truck, Equipment Quotes ELK RIVER FORD 2005 Ford F250 Super Duty State of Minnesota Bid Price 21,239.52 CENTRAL HYDRAULICS, INC 9'2" BOSS V Plow 5,208.90 AMERICAN TRUCK ACCESSORIES Tool Box, Light Rack, Beacon, Seat Cover, Receiver, Floor Liners, Storage Compartment 1,262.03 GRANITE ELECTRONICS · Mobile Radio & Installation 814.91 RANDY JOHNSON SIGN'S Vehicle Lettering 175.00 TOTAL $28,700.36 NOTE: ALL RELATED QUOTES ARE ATTACHED Sincerely, Jim Marthaler · w.. "u~ uu. ;,10. I\~, ..LI\ 1\1 w.." . "'1\'" r II'IArH.... +./ b3-2 (4-:333 ( ,-03B P .OD1/002 . F-BB3 . ~ t . . ..."1! . ...... ".' -.:-' - .. - .. . . ..-'" -.. , - 17219 Highway 10NW ¡~O';Box 304,.:ElkRiverr :MN· 55330 . '. '('163) ;441-2300 ' '. {800)441~2301 . ~ - "Fax:(763) 274-3338 Direct :Lìne '(763) 274-03314 ... 'Or;(763) 214..;:3339 '. , : - '. 'f ;':;"'_'" -' J. " , .. ;F~ ,Ray;McArthur, Dean iLonnquist ,;' <::::::? '-diC" :Fleet :Specialists t~:3.dð~3é3-.;?'~~·~'·. I " ,.V ...L ··P........ ~.. ... "-,7 7-cJ .y!' .. "; . . . '. . , ¿ ...... . ,...... ,... . . ' :'.: J øØt < ~'?'"1 ' ~H~-",·cc:.·,=:.;: .-.: .', .~" ". .- .' . § . " ,..- V I' '., . o Urgent ¡fLFar Ravi~, t:I Please CoIllllRiñt. . 0 ~I...... IRøpiy ÇJ P..... ~ . . .' . .. " ! . · i ' . ~ " " . ,...,'.. ~e~ ~.~' . - .. ~ ~ - : . . ." ~. .. r_, . .' ~;¡ .~ r- '.~ ~ ,. ,".:".u . ." .. /.. . '. w _.... .... . . .. . - . . .0_ .- . .. .' -, . . _. . " ._ ... Ow _ .. . '_. ...: . ., ... .-- , ." . ..... . -' d.. -.,~........, .. .. -..eo........... -0 .-..... . _ ._..___ ........ ," I . .. . . 0" o. .... .. - 0... ~ . I I JUt. U!.1 ¡;UU4Ub.'O~AMhH.lh ..L/\/'IIVI:/'I /"I,II<.V rJ'j1\N1,,1: ,tu~ "4 4':¡~¡ I U~b I. 1.11.1,( I.II.I~ 'r. 0o" .. ,i'~--'- ~,. . ELK RIVER !'THE LAST-OF THE LITTLE GUYSIt . PORD. DODGE. JEEP 17279 HIgh'msY1D N.W, . P.O. SOX $(J4. Elk River. MNSS3S0 . 76344'-2300. '-20CN/4 '·'30, . /'AX, 763-274.3338 ;::::: Y y WWw.9IkrivBrlhtleguys.CDm· _ -- CJ "" '<7'~~ " ~ç"~~ ~~4L ~ /.;;LGÙ 7CX)L~ ~-~t!k~ ~~ "~ .Þ.a. -~ ~ ~"/?¿ G::('. fL-" &Ä7:-~~ 3/7< ~ -¥7~ :) &£ ¿¡;U Þæ~4f/~_ .;;Z;;4 5, ¢:.?¡ ~ ~~~~ ,;;;z.;;z5:.~ . ~ t~t;;r; "~ - .~ .59', - Xr .;;¡ 6 :5" - 7C' - /7 ¿¡: (/"'f-2r) ~J?';?; Q.Ø;;> de¿, ~ ~ ~,~¡4~ ~ ?9-~ ~~- ~ y~ h ~~.;rz ~ /77 ;?¿J;?, ~ ~~~ /;¿ P« ¿;; 2- 4~~~~~. 3753 I / ~ c::2./;;:1 3 ~ s-~ (?J ?/o/ c¡.~7 / ; . Elk Aiver Ñ:irr:J-DoclgNsep is an Equal OpportunitY/AffIrmative Aclton EmplDyer . .. ~.~:::' ..:. -: ~ :: .,. t '. . - . _: t.'f . '. . . . ..... . . I . . , + . . . . . . CENTRAL~RAULICS, INC. . . . 7245 OLD ,BJVY 52 .. . ',ST.CLOW, MN'5.6303 . PHONE ,(320) .255-1628 FAX (320) 255-1641 FA.CSIMILE COVER -SHEET NUMBER. OFPAGEs1NCLlJDING ÇOY-ZR:-L- . . , . DATE: G ·a9-o:i· .' . .:. . COMPANY; V~~·n\ ~f ~ '. Jb ., ".; . ( . ATTÑ: ' ~'''''' ''ffi~k.lt<'""" 11 r FAX NUMBER: ~~~-~ , . JŒGARJ)ING:. 6m~ (5br, . . FROM:(L~ ~^ . h ~ . COMMENTS: a\tJS -FQ'fè~ FR?O 6~('C'A.\a . sk(;'l~ Gf\~ - .~ ~d.. 6W \)p\~' 4~1$") ~Çet~... ~#r~$~.:JO' ..~ . 3//.33 ~d' c'1r"l~ e:t/TJ~<t5,GJ i..tJor-, t.¡SO. 00 . ~o.;\ .5d..cfb,C¡O· · ~,~ '~)bU ~I J 'o/SW.oo . CQh'\tblt\J~~Otfech:>,"'" lVoc}¡p¡I'~ .-+c....x aal, l t; , , l.ctbt)~· 'fl!l:J. [X) " ~, 635~.1J; . . .' . = :: .:. }'\f.~'ói~::'·: ":. _""'.:i . .2,;6!::-':"'" . '.. . . .... .. .. . . . . . ~.''''''''''.'''''.'''':''.''''''''-''''.'''.~'''~''''~L . ~~ -~ . &.-......._".......... .... ................_.._..........."4.................___..........."...... t,.._~'..n.............,.........._ ..~_........_....._.___..............P_.,._.......... .............. 10 39~d IÞ9TSSl0ZE '50:91 Þ00l/5Z/90 · ___ __ r____~ . __ . _ __ ______ _____~ ---"----.- -" AMERICAN TRUCK ACCESSORIES, me. 8055 Co. Rd. 75· St. Joseph, MN 56374 NO 9 2 7-0 Office: 320-363-1041 . Fax: 32~363-1043 DATE 7 -8 -0 '-/ o QUOTE S'\~ o 'ORDER Customer C. \-C-{ oF- ~ S f=Ç> {-\ YEAR Oç- Address MAKE ~...-ò MODEL Ý..-1~ Phone Number ~77' DESCRIPTION bl>£ R. kC ~ -q,U.J,- rL~ V'-A.. \ \-....\ .\ L-\ Go t-\'T ~~ ....vE-Q ~\ <:::-~r"L ~ ffIl.- Q~V5rL.~- h- ßÆLt.. è~~N\....þ~-c '''''-EN'T C2..£:N....J. "'"\ cm-{L \-,N'QLS LABOR L{ð.~ o CREDIT CARD CHECK NO. TOPPER PRICE o CASH PARTS / MATERIALS I ! l +1 :;: 0-0 " American Truck Accessories, Inc. does not guarantee an exact SUBTOTAL : , LB.5. ó 0 paint match on any custom painted accessoñes when the correct paint code is used. TAX II ~ 0 1 I have read and understand the above statement. TOTAL : I ¿ l:, -Z .<3 S-- Signature: DOWN THANK YOU for your Business. BALANCE , _u _~_ ;.J....._I,. JU..- 1.,-u4 I I: u,:¡AMi I At:!!: "d /3 Granite Electronics 535 N31st Avenue St. Cloùd, MN 56303 .~:~- ~~~~::~=:~~~ - - -- - - - - - - - - ~- - ---~-- ----- - -- - - - - - - - -- - -- -~~:~_::~='~~~=~::~ -~. Fox;: St Joseph, City of' , ' Date: 0£/,16/97 . . , SYSTEMPROPQSAL ' . PRICING St Jose,Ph, MN 563'74 Phone: 320-333-1538 Jim Fax; 320-363:"'7863 -------~---------------------_._-----------~----------._-----_._--------~--------- Item Quan, . . Description . Each Total -------~----~---~-~------~----~-----------.------------. ----_________~---w------- 1 2 NotorolaCDM Series Mobile ,Radio $64:1. 60 $1283.20 Includes: ' a. Includes Programming and Setup b. !gnition Switch Cable-16 pin HKN9327BR c. J./4 WaveVHF -Roof Mount Ant HAD-400BA 2 2 Installation $120.00 $240.00 . --------~-----------------------.---------~-----------------~---------------------- Terms: 0% down net 0 days Total Equipment Cost $1523.20 Lease Cont'r.'act: Labor, Installation and Test N/A $0.00 for 0 months. Tax $106.62 Advance Paymept $0.00 Tot.al Purchase $3.629.82 Proposal valid for 30 day~. Frequency Coordination/License N/A Prepared by: Dan McCoy Total $1629.82 .Accepted by; -... T.p..Ç~ Down Payment $0.00 ~te: Balance $1629.82 8 V Of ~ I'" f r r- l ' ê:; ¡i ·:320 - 258 - 8248 . Quotation: Client: ~57: d/lStl:Þ¡<f "{II'5¿~¡(; L(1('i£K.5"/d' v/M MAæ.rd/l¿~ :Address: - .~ /-f5-'~ Æ¿r4,'57: e Phone: ;/:;~:: . Date: Project Description: #/#f% ¿,t£7TE,!?,11fI6" ~("Iæ /VEtil ¡<O/CK-'{/F'...5 t9~v /J(J17.e5 ONer· . # / ðð(l(Z:7 .- tPdß¿..tc" Woæ..f<.$ ð /Ý 7'7ItL 611/.'r Price: S .-~ . 3.,50'-: d'. 74v&:::..5 Design: S Materials: '$ Labor: $ . Deliveryl InStallalion:$ Subtotal: $ Sales Tax: $ Total: $ Þ'<' . 7},5(1-- Deposit: $ ~ --~-- Balance: $ Estimated Completion Date 4' ~6 ~ ~ ',( I 50% deposit required on all work; Balance due upon completion, unless otherwise specified. Unless it has been purchased, all anwork remains the propertY of Randy Johnsen Signs aOlt may not be copied. reproduced or manufactUred in any way. Unauthorized use is a violaUonof Federal Copyright Law. - SiDoabne Company Date . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3(i) DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Veba Agreement - Authorize the Administrator to execute the Agreement between the City of St. Joseph and Minnesota Service Cooperatives creating the Retiree Veba. PREVIOUS ACTION The Council has previously agreed to allow employees tenninating employment in good standing to the accumulated Sick Leave into a tax free medical spending account. This language has already been included in the AFSME contract and LELS has requested the same. Previously the City paid the . employee 50% of the sick leave and incurred the tax liability. This program is a saving for both the employee and employer. The plan being proposed is the same used by the State of Minnesota and some of the surrounding Cities. RECOMMENDED COUNCIL ACTION Authorize execution of the agreement and amendments to the LELS Contract, AFSME Contract and Personnel Policy. Note, while the contract for AFSME already has some language in the contract, it is very specific as to what it must be. Therefore an amendment must be made. The same language will be used throughout all the documents. FISCAL IMPACT When an employee retires the City will not have to pay the additional tax liability. COMMENTSIRECOMMENDATIONS - - ADOPTION AGREEMENT for the . M~SOTASERVICECOOPERATfVESVEBAPLAN THIS AGREEMENT, made and entered into by ("Employer") hereby adopts and where appropriate ratifies the following arrangements effective ("Effective Date") which have been established or entered into by (the "Service Cooperative") : 1) The Minnesota Service Cooperatives VEBA Plan, which together with the Employee Benefits Trust Agreement is intended to qualify as a voluntary employees' beneficiary association under Section 501 (c) (9) ofthe Code; 2) The Employee Benefits Trust Agreement (the "Trust"), with Wells Fargo Bank Minnesota, N.A. appointed as Trustee; 3) The High Deductible Health Plan; 4) The Joint Powers Agreement. SECTION 1. PLAN INFORMATION . A. Employer hereby adopts the Minnesota Service Cooperatives VEBA Plan with the following features (select one or more): (1) _ Postretirement Health Care Savings Arrangement (amounts payable after employee's retirement from public employment) (a) Accounts funded with accrued severance pay, vacation pay, sick payor similar amounts following termination of employment And/or (b) Accounts funded over employee's working life for use in retirement (2)_ Health Reimbursement Arrangement for Active Employees (must also select High Deductible Health Plan below) - - VEBA Adoption Agreement Rev. 4 Doc# 1774256\1 . B. If A(2) is selected, Employer hereby adopts the High Deductible Health Plan with the following features (select only one): VEBA 100 Plans VEBA 80 Plans VEBA 70 Plans Plan 830 Plan 821 Plan 840 Plan 831 Plan 822 Plan 820 Plan 832 Plan 823 Plan 833 C. The Plan Year shall be from to SECTION 2. EMPLOYER INFORMATION. A. Official or legal name of Employer, including district number (where relevant) B. Employer address . C. Name, phone number, fax and email address of contact person at Employer D. Description of the employee units covered by this plan Employer will promptly notify Mil of any changes in the above infonnation. Employer also agrees to attach to their copy of this Agreement, a copy of the relevant collective bargaining language or personnel policy authorizing use of VEBA and setting forth employer contributions. - - VEBA Adoption Agreement Rev. 4 Doc# 1774256\1 SECTION 3. CONTRIBUTIONS . A. Please complete the Minnesota Service Cooperatives VEBA Program Enrollment Form (Form F7543) (or submit an electronic file) containing the following information: Name, address, date of birth and Social Security number of participants who will receive contributions to individual accounts in the VEBA B. When submitting contributions, please complete the Minnesota Service Cooperatives VEBA Program Contribution Form (Form F7542) (or submit an electronic file) detailing the name, Social Security number, and amount of contribution. This form must accompany each contribution payment. C. Please make contribution checks payable to: MIl Life u_ VEBA Please mail or deliver contribution checks and completed contribution forms to: MIl Life Attn: VEBA Administration POBox 64193 St Paul, Minnesota 55164-0193 The timeliness, adequacy and accuracy of contributions shall be the sole responsibility of . Employer. SECTION 4. INVESTMENTS By execution of this Adoption Agreement, Employer hereby directs Trustee to provide the following investment fund or funds under the Plan for Plan participants (or, if applicable, spouses or beneficiaries): The Wells Fargo Cash Investment Money Market Fund - Service (S) class It is anticipated that a range of additional funds will be made available for adoption by Employers, and that for Plan participants (or, if applicable, spouses or beneficiaries) will be permitted to direct their investments among these funds if the Employer directs the Trustee to make them available. - ~ VEBA Adoption Agreement Rev. 4 Doc# 1774256\1 . SECTION 5. FEES. Administration fees will be paid as follows (check boxes that apply): Payable fÌom Payable by individual accounts the Employer Status: (1) Active employees D D (2) Former employees D D (3) Retired employees D D (4) Upon termination of the VEBA or cessation of employer contributions D D Employer agrees to pay all fees for administration of the VEBA in the event of failure or inability to pay fees from individual accounts (for example, if accounts are depleted before fees are assessed). . Mil will charge a claims administration fee equal to 0 $2.45 per individual account per month for administration of the VEBA, for groups where the employer allows the claims Crossover feature as an option for employees (regardléss of the activity level of individual accounts in the VEBA), OR 0 $2.95 per individual account per month for administrátion of the VEBA, for groups where the employer does not allow the claims Crossover feature as an option for employees; and for groups where the VEBA Plan account pays secondary after the group's FSA account administered by another party 0 This fee will be billed on a quarterly basis as specified above. MIl will charge an investment account fee equal to 0 0.025% of assets assessed monthly, with a maximum of $8 per month or $96 per year per individual account. 0 Forplans which use one combined investment account for eligible employees, the fee is 0.025% of assets assessed monthly, with a maximum of $.40 per month per employee. Fees payable to MIl are guaranteed for the first two plan years, and are subject to change beginning with the third plan year. - - VEBA Adoption Agreement Rev. 4 Doc# 1774256\1 No sales load will be charged on investment alternatives. Mutual funds made available for . adoption by Employer as investment alternatives may charge certain management, administration, marketing and similar fees depending on the funds selected (the "expense ratio"). The expense ratio on the funds selected as of October 1, 2002, range from .25 to 1.30 basis points, and will be applied against an employee's investment in said funds. For reference purposes, 100 basis points is equal to 1 % of the amount invested. The expense ratios are subject to change as funds are added, replaced or modified. Fees payable to the Service Cooperative and Blue Cross Blue Shield Minnesota for administration of the High Deductible Health Plan selected under Section 1 (B) hereof shall be determined pursuant to the Joint Powers Agreement and Operating Agreement and assessed to the Employer in addition to the fees set forth above. SECTION 6. COORDINATION WITH CAFETERIA PLAN. The following option is available for Employers that sponsor a health flexibility spending account (Health FSA) through a cafeteria plan administered by MIl (select one): (1) Cafeteria plan pays first. Eligible health expenses will be reimbursed from the cafeteria plan Health FSA until a participant's account is exhausted. Only then will eligible health expenses be reimbursed from the participant's account in the Health . Reimbursement Arrangement for Active Employees. (2) . Cafeteria plan pays second. Eligible health expenses will be reimbursed from the Health Reimbursement Arrangement for Active Employee's until a participant's account is exhausted. Only then will eligible health expenses be reimbursed from the participant's cafeteria plan Health FSA. Option (1) above is only effective if made prior to the cafeteria plan year. This election shall be deemed to be automatically renewed from year to year until the Employer amends the Adoption Agreement. - - VEBA Adoption Agreement Rev. 4 Doc# 1774256\1 . SECTION 7. JOINT POWERS AGREEMENT The VEBA and related welfare benefit plans and service agreements have been made available for adoption by Service Cooperative in accordance with the powers granted it under the Joint Powers Agreement, as permitted under Minn. Stat. Sec. 471.59, Subds. I and 10. Except as expressly provided herein, the rights, duties and responsibilities of Employer and Service Cooperative, and their respective board members, employees and designees, shall be governed by the Joint Powers Agreement. SECTION 8. DISCLOSURE The Service Cooperatives on behalf of Employers sponsoring the Plans represent that (a) no Employer directly or indirectly controls nor is directly or indirectly controlled by the investment manager or any affiliate of Wells Fargo; (b) no Employer is an officer, director, partner, employee or relative of Wells Fargo; and (c) no Employer will directly or indirectly receive any compensation or other consideration in connection with the investment of Plan assets in a Wells Fargo Fund. The Service Cooperative recommends that Employer consult with its own legal or tax advisor before executing this Adoption Agreement. EMPLOYER . _ Dated: By: Its: - - VEBA Adoption Agreement Rev. 4 DoC# 1774256\1 . .. Resource Training & Solutions . VEBA Retiree - - . Resource Training & Solutions VEBA Retirees ; Table of Contents Page 1. VEBA Plan for Retirees a. Plan Features. . . . . . . . . . . . . . . . . . . 1 b. Resolution for Retirees. . . . . . . . . . . . . . . 2 c. VEBA vs. MSA vs. Section 125 . . . . . . . . . . .3-5 . d. VEBA Plan Features. .. .. a .. .. .. .. .. .. 6-7 e. Eligible Medical Expenses with VEBA Funds. . . . . . 8 II. Plan Investment Options Available Through Wells Fargo a. Frequently Asked Questions. . . . .. .. . . . . . . .9 b. Investment Options Available. . . . . . . . . . . .10 III. VEBA Plan for Retirees 'a. Frequently Asked Questions. .. .. .. .. .. .. .. . . . 11-15 - - Resource Training and So]utions . MINNESOTA SERVICE COOPERATIVES V oluntarv Employee Benefits-AssQciation (VEBA) PLAN FEATURES Employees can build a tax-rree savings account ; Tax-rree going in Tax-rree going out (must be used for health care expense) ELIGIBLE FUNDS Mandated employer contributions Convertible funding sources Severance Vacation Sick Leave PARTICIPATION & ELIGIBLE FUNDS Employer partiCipation is a voluntary process negotiated through the collective bargaining process. . Employee participation is established by their union or personnel policy and bargained by that entity WÌth the employer. Employees can not voluntarily contribute to this plan, amounts and how it will be funded must be mandated through collective bargaining or through a personnel policy. FREQUENTLY ASKED QUESTIONS General Information Q. Must employers participate in this plan? A. Employer participation is a voluntary process gained through negotiations between each union and employers. Non-represented employers would be covered under personnel poEcies. Q. Must all unions agree on programs for plan enactment? A. Each union may independently bargain benefits and/or funding. Q. Who is eligible to participate in the health care plan? A. Any active public employee in .Mlnnesota is eligible for plan participation if covered by most of the Public retirement plans in addition to the Minnesota State Retirement System. - - 1 Member introduced and moved the adoption of the following: . RESOLUTION ESTABLISHING THE MINNESOTA SERVICE COOPERATIVES VEBA PLAN AND-rrRUST, AND A POST-RETIREMENT BEALTHCARE SA VINGSPLANFOR RETIREES : WHEREAS, the (insert name of the political subdivision) wishes to offer tax preferred and tax free benefit plans to current and fonner employees; NOW THEREFORE, BE IT HEREBY RESOLVED: 1. The (insert name of political subdivision) will take whatever steps are necessary to establish a Voluntary Employees' Beneficiary Association ("VEBA") for the provision of a Post Retirement Health Care Savings Plan ("PRHCSP") for retired employees. 2. The (insert name of political subdivision) hereby adopts the Minnesota Service Cooperatives VEBA Plan and Employee Benefits . Trust Agreement, which is intended to qualify as a VEBA under Section 501(c)(9) of the Internal Revenue Code, and consents to the appointment of Wells Fargo Corporation as Trustee. 3. The effective date of the establishment of the VEBA and PRHCSP shall be (insert date). Whereupon the above Resolution was seconded by , and the following voted in favor of the resolution: And the following voted against same: Whereupon the resolution was declared to be duly passed and adopted. 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U "00ou ......"'0 ~ 1... g.ê 2 Q) co <:oE~~ I---i "0 LU~ * co U1 ~ U') ~ .V'J :5 >Q.. ..c: .¡-> co Q) V'J "0 Q) ...V'J C ~ co Q) 0.. .¡-> Q) C >- U") Q) 0 N E ëi T-I .¡-> E V'J c Q) Q) 0 > c p c U .- 0 Q) "0 0.. U1 C :::J ..c: co Q) .¡-> Q) .0 .~ > co p >- c ro co 0 C11 1- 0.. P .¡-> ¡,. (J) .¡-> co ~ c ~ c ...., E Q) "0 ra c 1- Q) "0 Q) 0 - LL. <: c:c 0 U - 7 . Which eligible medical expenses can be paid for with VEBA funds? Eligible medical expenses are de:fmed as those expenses paid for care as described in Section 2 I3( d) of the Internal Revenue Code. Below are lists of deductible and nondeductible medical expenses that :rimy help determine whether an expense is eligible for VEBA reimbursement TAX-DEDUCTIBLE MEDICAL EXPENSES NONDEDUCTIBLE MEDICAL EXPENSES Abdominal supports Elastic hosiery(prescription) Oxygen and oxygen Advance payment for services Abortion Eyeglasses equipment to be received next year Acupuncture Fees paid to health institute Pediatrician Athletic club membership Air conditioner prescribed by a doctor Physician Automobile ins. premium (when necessary for relief FICA and FUTA tax paid for Physiotherapist allocable to medical cov. from an allergy or for medical care service Podiatrist Boarding school fees relief from difficulty Fluoridation unit Postnatal treatments Bottled water in breathing Guide dog Practical nurse for Commuting expense of Alcohol treatment Gum treatment medical services a disabled person Ambulance Gynecologist Prenatal care Cosmetic surg. and proc. Anesthetist Healing services Prescription medicines Cosmetic, hygiene products Arch supports Hearing aids and batteries Psychiatrist and similar items Artificial limbs Hospital bills Psychoanalyst Diaper service Autoette (when used for Hydrotherapy Psychologist Domestic help . relief of sickness/disability) Insulin treatments Psychotherapy Funeral, cremation or burial Birth control pills Lab tests Radium therapy expenses (by prescription) Laser eye surgery Registered nurse Illegal opera. and treatments Blood tests Lead paint removal Special school COs!S for Illegally procured drugs Blood transfusions Legal fees the handicapped Maternity clothes Braces Lodging (away from home Spinal fluid test Nonprescription medication Cardiographs for outpatient care) Splints Premiums for life ins. income Chiropractor Metabolism tests Sterilization protection, disab. Loss/limb Christian Science Neurologist Surgeon sight or similar benefits Practitioner Nursing (including board Telephone or TV equip- Scientology counseling Contact lenses and meals) ment to assist the hard- Social activities Contraceptive devices Obstetrician of-hearing Special food or beverages (by prescription) Operating room costs Therapy equipment Specially designed car for Convalescent home (for Ophthalmologist Transportation expenses handicap other than an medical treatment only) Optician (relative to health care) autoette/special equip Crutches Optometrist Ultraviolet ray treatment Stop-smoking programs DentaltreatDlent Optician Vaccines Swimming pool Dental x-rays Optometrist VasectoDlY Travel for gen.health impro. Dentures Oral Surgery VitaDlins (if prescribed) Tuition/travel expo for a child Dermatologist Organ transplant (including Wheelchair with special needs at a Diagnostic Fees donor's expenses) X-rays particular scho.pl Diathermy Orthopedic shoes Weight loss programs Drug addiction therapy Orthopedist Drugs (prescription) Osteopath These lists are intended to serve as a quick reference and are provided with the understanding that Blue Cross and Blue Shield of Minnesota is not engaged in rendering tax advice. For more detailed information, please refer to IRS Publication 502, "Medical and Dental Expenses," Catalog Number 15002Q. Publications can be ordered from the IRS by caIling 1-800-TAX-FORM. If tax advice is required, seek the services of a - competent professional. " - 8 Min~~sota Servic.t: Cooperatives VE~A' Pl}j.n Investment Options' Available Through' Wells Fargo . . . Frequently Asked Questions 1. What is the relationship between ~1I ute and'Wells Fargo? Wells Fargo is the trustee of the VEBA ?tan trusts and the piovider of investment optk>n$. Mil Life is the basic plan administrator, whose main fuoction is to process öJStributions fOf. quaflfied m8ÖJCal exwnses~ ; 2. As part of this relationship, what services win Mil provioo. and what services witl Wells Fargo provide? Mil wjJ perform an of the nòn-iriv~tmeot functions expected of the VEBA Pian adminis1rator. MIl receives and Jogs an contributions. NI contlibutioo credits wUf. flow into Omniplus; (the ,reccro keeping system used byWeJ1s Fargo). 3. When are ~ Investment options, availabte? Approximately March 1, 2003 4.. What online toolS are availabJe? wens Fargo W11 proVide 'Web and JVR custómer seMœ consistent with current capabifrties. This indudes tools to reanocate balances and contributions, ~Uon, investment infOf'111ation, prospectus access., .etc. Account ~ will identify with the Minnesota Service Cooperatives VEBA.Pfan when ~ their data. Account holders will not see group level identifICation when accessiog wens Fargo services. 5. What types of repòrts ånd statemen~ will be sent. arnf to whom? . . . Welts FargolMlI Will provkie statemenfs and reports COO$istent with current capabilities. 'MII ¥'II( continue to produce a report when v.;thdrawals are·made. Wells' Fargo and Mil are working towards producing a coinbiood quarterly report for ~nt holders. Mil will most likely be the source of employer level repofiing. - 6. How wUl distribution requests be handled? Mil wW receive and Jog ali cfistribuüon req~. DistributiotJ requests will be-sCreenedfor QualifJed Medical expense fQME) eligibility. DisbiÞUUons will be f1.¡nded first out of 1he Wens Fargo Cash Investment Money ~rket Fund account Distñbutk>ns that excood the We!f$ Fargo 'Cash Investm,ent Money Market Fund baJance will be funded from other options ()f a pro rata basis. The amOunt that is available-for di$tnDution from.the invesbnent optíons may be limited to a percentage of the total in order to anow for possible m~matches 1hat can be ca~ed by a combinatiof:i of process timing and downward mark~t charíges. 7. Will crossover from the Blue Cross claims system be- made into the mutual fund ac:count? N. the option.of the account holder, Mil win interface with the BCBSM claims s}'$tem anc~ -crossover account holderliabßity amounts for automàtic disbibution proces$Ùlg. Mil can also interface with the Prime Therapeutics drug pricing system to receive and ~ accOUnt holder rlBbilities created at the pharmacy, for pharmacy expenses which are covered expenses under the l1,ledicaJ plan. Current balance infonnation from Wells Fargo will be accessed to maintàio theSe two automated distribution channels. ' - - 9 Investment Options Available through Wells Fargo ttlow is a list of the Investment Options offered through Wells Fargo. Be sure to read the fund prospectuses and other investmen1 information and consider your options carefully before making any investment decisions. Fund Name Ticker Fund Objective Highest Potential Risk Putnam International Growth Fund (A) POVSX Seeks capital appreciation by investing primarily in 1-800-225-1581 www.putnamfunds.com equity securities of companies located in countries outside North America. May be appropriate for investors with along-tenninvestmenthorizon. There are special risks associated with an investment in this fund, including fluctuations in exchange rates and political uncertainty. (Foreign Stock) Wells Fargo Small Cap Opportunities Fund NVSOX Seeks to provide long-tenn capital appreciation. 1-800-222-8222 www. wellsfargo.com May be appropriate for investors with a long-tenn investment horizon who are willing to accept greater short -tenn changes in value for the potential of a higher long-tenn return. (Small Cap Growth Stock) Wells Fargo Large Company Growth Fund (I) NVLCX Seeks to provide long-tenn capital appreciation 1-800-222-8222 www. wellsfargo.com through investment primarily in large, high quality domestic companies. (Large Cap Growth Stock) Wells Fargo Index Fund (I) NVINX Seeks to replicate the total return of the Standard & 1-800-222-8222 www.wellsfargo.com Poor's 500 Composite Stock Index. (Large Cap Blended Stock) Aim Basic Value Fund (A) GTVLX Seeks Iong-tenn growth of capital. May invest up 1-800-959-4246 www.aimfunds.com to 25 % of its total assets in foreign securies. (Large Cap Value Stock) Wells Fargo Growth Balanced Fund (I) NVGBX Seeks to provide a combination of current income 1-800-222-8222 www. wellsfargo.com and capital appreciation by diversifying investments in stocks and bonds. (Domestic Hybrid: 65% Diversified Equity, 35% Diversified Bond) PIMCO Total Return Fund (Admin) PTRAX Seeks total return by investing in corporate bonds, 1-888-227-7337 www.pimcofunds.com U.S. government securities, mortgage-backed securities, and money market instruments with an average duration between three and six years. (Inte rmediate- Term Bond) Wells Fargo Cash Investment NWIXX Seeks to provide high current income, preservation LOW~5L Money Market Fund (Svc) of capital and liquidity. (Money Market) Potential Risk 1-800-222-8222 www. wellsfargo. com - · NOT FDIC INSURED -NO BANK GUARANTEE · MAY LOSE VALUE Wells Fargo Funds Management, LLC, a wholly-owned subsidiary of Wells Fargo & Company, provides investment advisory and , administrative services for the Wells Fargo Funds. Other affiliates:IcØ Wells Fargo & Company provide sub-advisory and other servl~:s for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affilia1es are not afflhated Nith Stephens Inc.. PfEfase read the prospectus carefully before investing. Minnesota Service Cooperatives . VEBA Plan (For Active/Retiree Employees) FREQUENTLY ASKED QUESTIONS The VEBA Plan infoD11ation provided in this document is not intended as legal or tax advice. Questions regarding tax ramifications, as they relate to a particular circumstance, should be directed to YOl!f tax advisor. General Information 1. What is the "Minnesota Service Cooperatives VEBA Plan"? A "VEBA" is a "Voluntary Employees' Beneficiary Association" under Section 501 (c )(9) of the Internal Revenue Code. It is established as a tax-exempt trust for the funding of health and welfare benefits. 2. Who is eligible to participate? Eligibility for participation in the VEBA Plan will be detennined pursuant to collective bargaining agreements and personnel policies of participating employers. 3. Must all bargaining units adopt the plan? . Áll bargaining units of the Employer must agree to adopt the same benefit plan for their members. However, different collective bargaining units may negotiate various contribution strategies and move to the HDHPNEBA as negotiations or personnel policies are completed. 4. How is the VEBA Plan account funded? The VEBA Plan account is ftmded with employer contributions pursuant to collective bargaining agreements or personnel policies. 5. Can employees/retirees contribute to the VEBA Plan along with the employer? No. The type of benefits currently made available under the VEBA Plan may not be funded with employee/retiree contributions. 6. Is there an annual contribution limit? There is no annual contribution limit for the VEBA Plan - ~ 11 7. What can monies in the VEBA Plan account be used towards? . The monies may only be used to cover qualified medical expenses as outlined in section 213 (d) of the IRS Code. A listing of Section 213 (d) expenses is attached. 8. What happens when an employee terminates employment? An employee who is covered under the VEBA Plan and who tenninates; employment with a positive balance in his or her account may continue to draw down the account for reimbursement of eligible medical expenses, including reimbursement for eligible medical premiums such as individual health care premiums, COBRA continuation, long tenn care and Medicare Supplemental coverage. 9. When does an employee retire from public service, so as to be eligible for reimbursement from the VEBA Plan? An employee is deemed to retire from public service (and becomes eligible for reimbursement ftom his or her VEBA Plan) on the earlier of the following events: 1) tennination of employment; 2) retirement; 3) the date an employee becomes disabled; . 4) a medica.lleave of àbsence with a duration (or expected duration) of six months or longer; 5) a leave of absence with a duration (or expected duration) of one year or longer. The Retirement Date may vary if provided for in collective bargaining agreements or personnel policies. 10. What happens to the remaining dollars upon death of the employee/retiree? Upon death of a participant, the surviving spouse and dependents may continue to draw down on the account for tax-free reimbursement of qualified medical expenses they incur (or for reimbursement of medical expenses the participant may have incurred prior to death). 11. How is interest credited to the VEBA Plan account? Contributions may be invested in a money market fund or in one of several mutual fund options available through Wells Fargo. ~ - 12 12. Are non-qualified distributions allowed to the employee/retiree or his . beneficiaries? Distributions will not be permitted for any purpose other than the reimbursement of qualified medical expenses. 13. Are eligible withdrawals taxable to the retiree? ; No. Payments under the VEBA Plan for eligible medical expenses (as defined in section 213 (d) of the Code), for the participants, the participant's spouse or dependent, will be excludable from the gross income of the employee. Payments made to a beneficiary as a result of a participant's death when there is no surviving spouse or dependent will be subject to income tax. 14. What are the MIl fees, and who is responsible to pay them? The attached chart outlines the fees. For the first plan year, the Service Cooperatives will fund a) the monthly claims admin fee, b) the Flex annual fee if coupled with VEBA, and c) the Savings Plan inactive investment fee. (Subject to review annually.) The monthly investment fees are paid by participants, and those monies are deducted from the account. "Participants" for this purpose includes those emolled in the post-retirement only VEBA Plan (even though that are still actively employed and thus cannot spend the account monies), and . anyone previously emolled in one of these plans, but who has terminated employment and still has an account at MIl. 15. Who pays the investment fees related to particular funds? These fees are paid by the individual, and the amounts vary depending on which investments they choose to participate. 16. Why did the investment fees rise from $30 to $96 annually? The previous $30 fee applied to all accounts, regardless of size. The new fee arrangement, on a percentage of assets basis, more equitably aligns the fee to the account size. Thus, a $10,000 account would pay a $30 annual fee, and an account in excess of $32,000 would pay a $96 fee. ~ ~ 13 17. How does the percentage of assets fees (0.025% to $8.00/month) translate to . the actual amount paid for ActiveVEBA Plan and Post-Retirement only VEBA Plan participants? $500 1.50 $1,000 3.00 : $2,000 6.00 $5,000 15.00 $10,000 30.00 $15,000 45.00 $25,000 75.00 $32,000 & 96.00 over 18.. How does the percentage of assets fees (0.025% to $0.40/month) translate to amount paid for inactive VEBA Savings Plan participants? $500 1.50 $1,000 3.00 . $2,000 4.80 $5,000 4.80 $10,000 4.80 $15,000 4.80 $25,000 4.80 $32,000 & 4.80 over Customer Service phone numbers: 1-800-859-2144 651-662-5065 Customer service hours are 7 AM to 5PM Monday through Friday. - .- 14 ""' ' a a . 1:L. => E '(.)'.-'-- ro a- ce ~ ~ Ec, ce ~ ro æ ce '~ ,;¡ ......,.., '-' ~ 0 ~ 0 .c <> ..c u ,~.~"'~'..~. E.;>-. ::2;>-. ,;:: ;>, .";:: ;:.-. ce ~ t) a: t ~ ~ ~ t) 8 8 b~ ;:;c. ^ 0. 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L.lj ~~~~ > -1'- ~. ~ ê!g '- .,. >üi >üi ¿::> z * * ~ . 15 . Attachment: Yes or No I REQUEST FOR COUNCIL ACTION St. Joseph Fire Relief Association DATE: August 5, 2004 Fire Department ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM St. Joseph Fire Relief Association - Aru1ual Report PREVIOUS ACTION Annually the Council must accept the Fire Relief Report, authorizing any contributions. Last year the City/Townships through the Fire Fund paid a large deficit to the fund. The deficit was largely based on the declining interest rates. As you can see from this report (last page), the City does not have a required contribution. In the past when this has occurred, the Fire Board authorized a $ 3,000 contribution, based . on $ 100 per fire fighter. The Fire Board will be reviewing this on August 11, 2004 and addressing the contribution at that same meeting. RECOMMENDED COUNCIL ACTION Accept the report as presented. FISCAL IMPACT Potential $ 3,000 contribution which will be budgeted and expended from the Fire Fund COMMENTSÆECOMMENDATIONS - - Data Entry Data entered here will populate the 2004 Schedule form. Please use only Special Fund data. . Choose your relief association name: ISAINT JOSEPH I Annual benefit level (effective 12/31/2004): I 1,600 I 2003 RenortiDl! Form (RF-03) Data Ending Assets (12/31/03) 654,684 State Aid Received or Receivable 34,639 Administrative Expense 3,134 2004 Actual and/or Proiections Revenues Municipal/Independent Fire Dept. Contributions I 28,347 I (must be at least the Required Contribution shown on the SC-03) Interest / Dividends 8,700 Appreciation / (Depreciation) 30,000 Member Dues Other Revenues Expenses . Service Pensions 83,440 Other Benefits 2,000 Administrative Expenses 3,750 Deficit Section - If there was deficit information on the SC-03, enter that information here. Original Amount Amount Retired Amount Left I Year Incurred I (from SC-03) (from SC-03 + 1(010) Before Ad'ustin (1) (2) (3) 1995 0 1996 0 1997 0 1998 0 1999 43,773 21,885 21,888 Surplus or Deficit 2000 44,681 17,872 26,809 (page 4) al 96,937 I 2001 92,186 27,657 64,529 Sum of Colunm 3 2002 87,200 17,440 69,760 bl 210,369 I 2003 30,426 3,043 27,383 New Deficit 2004 0 0 (a - b) cl (113,432) I - Totals 298,266 87,897 210,369 ~ SAINT JOSEPH / Page 1 Schedule F onn for Lump Sum Pension Plans . Reporting Year 2004 Determination of Plan Liabilities and Required Municipal Contribution for 2005 Relief AssociationSaint Joseph Fire Relief Association I County I Steams I Annual benefit level in effect for 2004 I 1,600 I (If you change your benefit level before 12/31/04, the SC must berecalculated at the new level.) Active Member Information Fire Dept. . Leaves To end of2004 To end of2005 Ento' of Years Years Date Absence of Accrued of Accrued Name mm-dd~yy (months) Service Liability Service Liability 1 Wasner, Bill 05/17/61 44 70,400 45 72,000 2 Theisen, David 07/10/73 31 49,600 32 51,200 3 Loso, Terrance 06/10/75 30 48,000 31 49,600 4 Marthaler, James 10/11/77 27 43,200 28 44,800 5 Lowell, Tom 11/08/77 27 43,200 28 44,800 6 Merkling, Edwin 08/14/79 25 40,000 26 41,600 7 Pfannenstein, Darrell 01/08/80 25 40,000 26 41,600 Zeibol, Joseph 11/18/80 24 38,400 25 40,000 9 Meyer, John 08/13/85 19 29,504 20 32,000 10 Lowell, William 08/13/85 19 29,504 20 32,000 11 Loso, Neil . 03/10/87 18 27,168 19 29,504 12 Kamik, Jeff ,07/12/88 16 22,848 17 24,960 13 Orcutt, Brian 09/14/88 16 22,848 17 24,960 14 Torborg, Randy 01/10/89 16 22,848 17 24,960 15 Winter, Mark 11/03/92 12 15,392 13 17,120 16 Lion Mike 11/03/92 12 15,392 13 17,120 17 Taufen, Jeff 11/05/96 8 9,216 9 10,656 18 Honer, Justin 11/05/96 8 9,216 9 10,656 19 Kreke1ber1.!;, Kurt 05/11/99 6 6,560 7 7,872 . 20 Phillip, Paul 05/11/99 6 6,560 7 7,872 21 Revering, Wayne 05/11/99 6 6,560 7 7,872 22 Simon, Keith 08/08/00 4 4,160 5 5,344 23 Birr, Leon 04/09/02 3 3,040 4 4,160 24 Loso, Andrew 04/09/02 3 3,040 4 4,160 bs Loso, Matthew -- - -- 04/09/02 3 3,040 4 4,160 I Subtotal of Page 1 Liability - Active Members 609,696 650,976 - Form SC-04 SAINT JOSEPH / Page 1a Relief Association I Saint Joseph Fire Relief Association I County I Stearns I. Annual benefit level in effect for 2004 I 1,600 I (If you change your benefit level before 12/31/04, th~ SC must be recalculated at the new level.) Active Member Information - continued Fire Dept. Leaves To end of2004 To end of2005 Entry of Years Years I Date Absence of Accrued of Accrued Name mm-dd-yy (months) Service Liability Service Liability 26 Scholz, Aaron 04/09/02 3 3,040 4 4,160 27 Jacobson, Ken 05/01/04 1 960 2 1,984 28 Cherne, Amanda 05/01/04 1 960 2 1,984 29 Brill, Shirlie 05/01/04 1 960 2 1,984 30 Prom, John 05/01/04 1 960 2 1,984 31 32 33 34 35 36 37 - 38 - 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 Subtotal of Page 1a Liability - Active Members Continued 6,880 12,096 Form SC-04 SAINT JOSEPH I Page 2 Deferred Member Information (fully or partially vested) See separate instructions regarding completion of the fields below. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: Loso, Frank at Separation: 1,500 Service Paid? No Vesting: Minimum Years Required: 10 DOB: Interest Option in Bylaws at Separation * - Deferred Interest (if offered): Calendar Year X ·OR Full Period (Choose one option) D - - Service Dates: Ent:Iy: 01/10/78 Separation: 08/11/99 A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: 21 Months (if paid): Percent: 100 % C - Separate AccountIV ehicle - - - 2004 Estimated Liability: 34,729 (overwrite, ¡fnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 36,465 * Since interest option Dwas chosen, enter the mtes of return used for each year below. 1980: % 1985: % 1990: % 1995: % 2000: 0.00 % - - - - 1981: % 1986: % 1991: % 1996: % 2001: 0,00 % - - - - 1982: % 1987: % 1992: % 1997: % 2002: 0,00 % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: 5,00 % - - - - 1984: % 1989: % 1994: % 1999: % 2004: 5,00 % + - - - - - + This mte of return is calculated using the earnings projected on Page 3 of the Schedule. - Enter all information as it pertains to this member: Benefit Level Are Months of Member Name: Scherer, Daniel at Separation: 1,600 Service Paid? No Vesting: Minimum Years Reqtrired: 10 DOB: Interest Option in Bylaws at Separation * - Deferred Interest (if offered): Calendar Year X OR Full Period (Choose one option) D - - Service Dates: Ent:Iy: 11/18/80 Separation: 02/11/01 A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: 20 Months (if paid): Percent: 100 % C - Sepamte AccountIV ehicle - - - 2004 Estimated Liability: 35,280 (overwrite, ifnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 37,044 * Since interest option D was chosen, enter the mtes of return used for each year below. 1980: % 1985: % 1990: % 1995: % 2000: 0,00 % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: 0,00 % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: 0,00 % - - - - - - 1983: % 1988: % 1993: % 1998: % 2003: 5.00 % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: 5,00 % + - - - - - + This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2a Deferred Member Information (fully or partially vested) See separate instructions regarding completion of the fields below. Enter an information as it pertains to this member. Benefit Level Are Months of Member Name: Pfannenstein, Duane at Separation: 1,600 Service Paid? No Vesting: Minimum Years Required: 10 DOB: Interest Option in Bylaws at Separation * - Deferred Interest (if offered): Calendar Year X OR Full Period (Choose one option) D - - Service Dates: Entry: 10/1 0/78 Separation: 02/01/02 A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: 23 Months (if paid): Percent: 100 % C - Separate Account/Vehicle - - - 2004 Estimated Liability: 40,572 (overwrite, ¡fnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 42,601 * Since interest option D was chosen, enter the rates of return used for each year below. 1980: % 1985: % 1990: % 1995: % 2000: 0,00 % - - - - 1981: % 1986: % 1991: % 1996: % 2001: 0.00 % - - - - - 1982: % 1987: % 1992: % 1997: f}~ 2002: 0.00 % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: 5,00 % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: 5,00 % + - - - - - +This rate of return is calculated using the earnÍnas projected on Page 3 of the Schedule. Enter an information as it pertains to this member. Benefit Level Are Months of Member Name: Loso, Mark at Separation: ' 800 Service Paid? No Vesting: Minimum Years Required: 10 DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) A - - Service Dates: Entry: 12/01/79 Separation: 12/01/90 A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: 11 Months (ifpaid): Percent: 64 % C - Separate Account/V ehic1e - - - 2004 Estimated Liability: 5,632 (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 5,632 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981 : % 1986: % 1991: tj~ 1996: % 2001: % - - - - - 1982: % 1987: % 1992: '?fó 1997: 0/0 2002: % - - - - - 1983: % 1988: % 1993: % 1998: C}~ 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2b Deferred Member Information (fully or partially vested) . See separate instructions regarding completion of the fields below. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: Pfannenstein, Dennis at Separation: 1,100 Service Paid? No Vesting: Minimum Years Required: 10 DOB: Interest Option in Bylaws at Separation - Deferred Interest (ifoffered): Calendar Year OR Full Period . (Choose one option) A - - Service Dates: Entry: 03/01/78 Separation: 03/01/97 A - No Interest LOAs (in months): Vesting B - S~ight 5% Total Service: Years: 19 Months (if paid): Percent: 96 % C - Separate Account/V ehicle - - - 2004 Estimated Liability: 20,064 (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 20,064 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - - Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: Johnson, Steve at Separation: 1,600 Service Paid? No Vesting: Minimum Years Required: 10 DOB: .. Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) A - - Service Dates: Entry: 11/03/92 Separation: 11/30/03 A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: 11 Months (if paid): Percent: 64 % C - Separate AccounVV ehicle - - - 2004 Estimated Liability: 11 ,264 (overwrite, ifnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 11 ,264 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - + This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2c Deferred Member Information (fully or partially vested) See separate instructions regarding completion ofthe fields below. . Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate AccountIV ehic1e - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (ifpaid): Percent: % C - Separate AccountIV ehic1e - - - 2004 Estimated Liability: (overwrite, ¡fnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2d Deferred Member Information (fully or partially vested) . See separate instructions regarding completion of the fields below. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: En1:Iy: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % ~ - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ ~I +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. - Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: En1:Iy: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - + This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2e Deferred Member Information (fully or partially vested) . See separate instructions regarding completion of the fields below. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate AccountIV ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate ofreturn is calculated usin the earnings rojected on Pa e 3 of the Schedule. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (ifpaid): Percent: % C - Separate AccountIV ehicle - - - 2004 Estimated Liability: (overwrite, ifnecessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991 : % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2f Deferred Member Information (fully or partially vested) . See separate instructions regarding completion of the fields below. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ ~I +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. - Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minìmum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - ~ 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - + This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2g Deferred Member Information (fully or partially vested) See separate instructions regarding completion of the fields below. . Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (ifpaid): Percent: % C - Separate AccountIV ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: . % 1994: % 1999: % 2004: %+ - - - - - +This rate ofretum is calculated using the earnings projected on Page 3 of the Schedule. Enter åll information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (ifpaid): Percent: % C - Separate AccountIV ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981 : % 1986: % 1991 : % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate ofretum is calculated using the earnings projected 011 Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2h Deferred Member Information (fully or partially vested) . See separate instructions regarding completion of the fields below. Enter all infonnation as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ -I + This rate of return is calculated using the earnings projected on Page 3 of the Schedule. - Enter all infonnation as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DOB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - ~ 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 2i Deferred Member Information (fully or partially vested) See separate instructions regarding completion of the fields below. . Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DaB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - rojected on Pa e 3 of the Schedule. Enter all information as it pertains to this member. Benefit Level Are Months of Member Name: at Separation: Service Paid? Vesting: Minimum Years Required: DaB: Interest Option in Bylaws at Separation - Deferred Interest (if offered): Calendar Year OR Full Period (Choose one option) - - Service Dates: Entry: Separation: A - No Interest LOAs (in months): Vesting B - Straight 5% Total Service: Years: Months (if paid): Percent: % C - Separate Account/V ehicle - - - 2004 Estimated Liability: (overwrite, if necessary) D - Actual interest, up to 5% 2005 Estimated Liability: 1980: % 1985: % 1990: % 1995: % 2000: % - - - - - 1981: % 1986: % 1991: % 1996: % 2001: % - - - - - 1982: % 1987: % 1992: % 1997: % 2002: % - - - - - 1983: % 1988: % 1993: % 1998: % 2003: % - - - - - - 1984: % 1989: % 1994: % 1999: % 2004: %+ - - - - - +This rate of return is calculated using the earnings projected on Page 3 of the Schedule. Form SC-04 SAINT JOSEPH / Page 3 Unpaid Installments - Entry Separation 2004 Estimated 2005 Estimated - Name Date Date Liability Liability . Calculation of Normal Cost 2004 2005 Total Active Member Liabilities 616,576 663,072 Total Deferred Member Liabilities and Unpaid Installments 147,541 153,070 Grand Total Special Fund Liability AI 764,117 BI 816,142 - Normal Cost (Cell B minus Cell A) Ie 52,0251 ~ Projection of Net Assets for Year Ending December 31,2004 Special Fund Assets at December 31,2003 (RF-03 ending assets) 1 I 654,6841 Projected Income for 2004 State Fire Aid D 34,639 Municipal/Independent Fire Dept. Contributions E 28,347 Interest / Dividends F 8,700 Appreciation / (Depreciation) G 30,000 Member Dues H Other Revenues I Total Projected Income for 2004 (Add Lines D through I) 2 I 101,686 I Projected Expenses for 2004 Service Pensions J 83,440 Other Benefits K 2,000 Administrative Expenses L 3,750 Total Projected Expenses for 2004 (Add Lines J through L) 3 I 89,1901 Projected Net Assets at December 31, 2004 (Add Lines 1 and 2, subtract Line 3) 4 I 667,1801 Form SC-04 SAINT JOSEPH / Page 4 Projection of Surplus or (Deficit) as of December 31, 2004 - Projected Assets (Line 4) 5 667,180 ~ 2004 Accrued Liability (page 3, cell A) 6 764,117 Surplus or (Deficit) (Line 5 minus Line 6) 7 (96,937) Complete Section II below. Calculation of Municipal Contribution A. If Line 7 is positive, complete this section: Nonnal Cost (Page 3, cell C) 8 Projected Administrative Expense (2003 Admin. Exp. x 1.035) 9 State Fire Aid 10 Member Dues 11 5% of Projected Assets at December 31, 2004 (Line 4 x 0.05) 12 10% of Surplus (Line 7 x 0.10) 13 Municipal Contribution (Add Lines 8 and 9, subtract Lines 10, 11, 12 and 13) 14 B. If Line 7 is negative, complete this section: Deficit Table I Year Incurred II Original Amount II Amt Retired 12/31/04 II Left to Retire 1/1/051 - 1995 0 0 0 1996 0 0 -0 1997 0 0 0 1998 0 0 0 Deficit (Line 7) 1999 0 0 0 AI 96,937 I 2000 0 0 0 Left to Retire Total 2001 0 0 0 BI 210,3691 2002 87,200 17,646 69,554 A minus B 2003 30,426 3,043 27,383 c (113,432)1 2004 0 0 Totals 117,626 20,689 96,937 Ifline C is positive, this is the new additional deficit for 2004. Enter the amount in Original Amount and Left to Retire Columns. If line C is negative, reduce prior deficits according to the separate Schedule instructions. Amortization of Deficit (Total of Original Amount column x 0.10) 15 11,763 N onnal Cost (page 3, cell C) 16 52,025 Projected Administrative Expense (2003 Admin. Exp. x 1.035) 17 3,244 State Fire Aid 18 34,639 Member Dues 19 0 5% of Projected Assets at December 31, 2004 (Line 4 x 0.05) 20 33,359 Municipal Contribution (Add Lines 15, 16 and 17, subtract Lines 18, 19 and 20) 21 (966) No municipal contribution due in 2005. Form SC-04 SAINT JOSEPH / Page 5 This Schedule must be fully completed, certified by the relief association officers, forwarded to .he municipal clerk on or before August 1, 2004 and submitted to the State Auditor's Office to be eligible for state fire aid. OFFICER CERTIFICATION We, the officers of the Saint Joseph Relief Association, certify that this Schedule was prepared under Minn. Stat. § 69.772 and that the annual benefit level was established according to the average amount of available fmancing. We further certify that based on the financial requirements of the Relief Association's Special Fund for the 2004 calendar year, the required 2005 municipal contribution is $ O. If the bylaws of the Relief Association changed in 2004, we have attached a copy of the amendment or updated bylaws. We have also enclosed a copy of the municipal ratification of this amendment if required under Minn. Stat. § 69.772, subd. 6. -:S-o tiN rV1~ '8-- 2-0 ( Print Name Date . it ;+h ~ )VVlDVì í' - z- CJ-I Print Name Date .~~ - ~---- ~' 0-Z·C7~ /~ ~. ... - ... /;E~/ ~9?F//V ~ ature of~ urer Print Name , Date MUNICIPAL CLERK CERTIFICATION (For relief associations affiliated with municipal fire departments only.) I am the municipal clerk of . I received on , the completed Schedule from the Saint Joseph Relief Association. I have reviewed Lines 14 and 21 of the Schedule. If either Line 14 or Line 21 show a required municipal contribution, I certify that I will advise the governing municipal body of any required municipal contribution at its next regularly scheduled meeting. Signature of Municipal Clerk Print Name Date ( ) Business Telephone Please retain a copy ofthe Schedule for your records and submit the signed original to: State Auditor's Office, Pension Division, 525 Park Street, Suite 500, Saint Paul, MN 55103. Fax: 651-282-5298. Telephone: 651-282-6110. Maximum Benefit Worksheet Saint Joseph Fire Relief Association . 1. Indicate your plan type here: I Lump Sum I 2. Enter data in columns A, B, C and D for each year requested. A B C D E -------------------- -------------------- -------------------- --------------------- --------------------- State Fire Aid Active Members Per Year (Received or Municipal 10% of in Relief Average Receivable) Contribution Surplus * Association [( A + B + C) / D) (From RF-03) (From RF-03) (SC-03 or Actuarial) (From RF-03) 2003 34,639 28,757 29 2,186 (From RF-02) (From RF-02) (SC-02 or Actuarial) (From RF-02) 2002 28,343 12,634 30 1,366 (From RF-Ol) (From RF-Ol) (SC-Ol or Actuarial) (From RF-Ol) 2001 24,969 3,000 29 964 * If deficit for the year, leave blank. Average available financing per active member for the most recent 3-year period: I 1,505 I . (sum of column E divided by 3) Maximum Lump Sum Benefit Level under Minn. Stat. § 424A.02, subd. 3 1- 2,700 I Maximum Monthly Benefit Level under Minn. Stat. § 424A.02, subd. 3 I N/A I Relief Officer Certification On or before August 1, the average amount of available financing per active member for the most recent three- year period was calculated in accordance with Minn. Stat. § 424A.02, subd. 3, and certified to the governing body of the applicable qua led municipality. '/ O-J.~OC¡ Date ~Olr\(\} iÑ\ 1:;- <-( ~(L ? ~ <::'5 I D(?Il¡rr- Print Name and Title - Please retain a copy of this form and return the signed original to: State Auditor's Office, Pension Division, 525 Park Street, Suite 500, Saint Paul, MN 55103. Fax: (651) 282-5298 Phone: (651) 282-6110 · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION College of St. Benedict -Presidential Residence DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM College of St. Benedict - PreliminarylFinal Plat, Development Agreement, Special Use Permit PREVIOUS ACTION The Planning Commission has conducted two separate actions on the request by the College of S1. Benedict. The first action was a request to allow a special use permit in an agricultural district to allow the President's Residence. This request was denied and the Council must affirm the action of the Planning Commission. This' can be done by accepting the attached findings. - The second action by S1. Ben's was a request to plat a four acre tract ofland, rezone the subject area and - then consider a special use permit to allow an expanded residential facility. The Planning Commission by motion initiated the amendment to the Zoning Map requesting a zoning change to RI, Single Family. Single Family zoning is consistent with the Comprehensive Plan. The College is in the process of platting the property and were required to submit a final grading and drainage plan. This part is not completed as that plan is contingent upon the design of the structure. However, with four acres of property, there is sufficient property to resolve any drainage issues. The Planning Commission also reviewed the Special Use Permit application that would allow the President's residence. The enclosed resolutions indicate the support and approval ofthe Planning Commission. In your packet you will also fmd the proposed Development Agreement, which the College has agreed to. RECOMMENDED COUNCIL ACTION Make three separate motions: 1. Accept the findings ofthe Planning Commission denying the application of the College of S1. Benedict a Special Use Permit for the construction of an expanded residential facility in an Agricultural Zoning District. 2. Accept the findings of the Planning Commission and accept the preliminary and final plat as recommended with the contingencies outlined. 3. Accept the findings ofthe Planning and rezone the subject property to Rl, Single Family and approve the Special Use Permit. RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE . PRELIMINARY AND FINAL PLAT ENTITLED COLLEGE ADDITION AS REQUESTED BY THE COLLEGE OF ST. BENEDICT FOR A PRESIDENTIAL RESIDENCE. WHEREAS, the Planning Commission on June 21, 2004 requested that the College of St. Benedict plat the property so that only a four acre section would be rezoned for the future President's Residence; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 26, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Preliminary Plat entitled College Addition. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the platting process Finding A: Acceptance of Plat. Finding: The Plat entitled College Addition meets the minimum design standards and contains one lot and block. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE - CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the preliminary and final plats to include the following contingencies: - Contingency 1 Execution of the Development Agreement between the City of St. Joseph and the College of St. Benedict. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the Preliminary and Final Plat entitled College Addition as requested by the College of St. Benedict. ADOPTED this % rJay of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: /, r i -1'../1 ¡.;- (,. - - F:ICITY\sharedlSarahIResolution of FindingslS!. Bens-Acc.ept6-21.()4,doc RESOLUTION OF FINDINGS . A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE REZONING AND SPECIAL USE REQUEST OF THE COLLEGE OF ST. BENEDICT FOR A PRESIDENTIAL RESIDENCE. WHEREAS, the Planning Commission conducted a Public Hearing on July 12, 2004 to consider a request for a Special Use Permit allowing an expanded residential facility in an Agricultural District; and WHEREAS, th~ Planning Commission on July 12, 2004 denied the Special Use Permit and rezoning and requested that the College plat the property so that only a four acre section would be rezoned and then make the application for a Special Use Permit; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 26, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the rezoning request and Special Use request. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the special use request. Finding A: The subject property is currently zoned Agricultural and the request includes a petition to rezone the subject property to R1 Single Family. The Planning . Commission on June 2, 2004 initiated an amendment to the zoning map, authorizing the Public Hearing. Finding: The subject property is located in Planning District 8 of the St. Joseph Comprehensive Plan which identifies the future land use as residential. Therefore, the rezoning request is consistent with the Comprehensive Plan. Finding B: Allowance of the Expanded residential facility in a R1 zoning district. Finding: The proposed development of the College of St. Benedict to construct a Presidents Residence is similar to a single family home, which is a permitted use in a R1 Single Family District, therefore a Special Use Permit is required. Finding C: Standards for granting a Special Use Permit. Finding: The proposed development plan is consistent with the Standards for Granting a Special Use Permit. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the rezoning and special use permit include the following contingencies: Contingency 1 Execution of the Development Agreement between the City of St. Joseph and the College of St. Benedict. - - Contingency 2 Approval is granted for a Presidents Residents only and the property is . not eligible for a rental license in the future. ~ ADOPTED this ~/ day of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: ~ ~d F:IClffisharedlSarahlResolution of FindingslSI. Bens-Acœpt7-12-04.doc . - - RESOLUTION OF FINDINGS . A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE SPECIAL USE REQUEST OF THE COLLEGE OF ST. BENEDICT FOR A PRESIDENTIAL RESIDENCE. WHEREAS, the Planning Commission on June 2, 2004 received a request for a Special Use Permit allowing an expanded residential facility in an Agricultural District. WHEREAS, the Planning Commission on June 21, 2004 requested that the College plat the property so that only a fqur acre section would be rezoned; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 12, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Special Use request. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the special use request. Finding A: Appropriate Zoning. The subject property is currently zoned Agricultural. Finding: The proposed development of the College of St. Benedict to construct a Presidents Residence is similar to a single family home, which is a permitted use in an Agricultural District Therefore a Special Use Permit - is required. - Finding B: Standards for granting a Special Use Permit. Finding: The proposed development plan is consistent with the Standards for Granting a Special Use Permit. NOW, THEREFORE BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval include the following contingencies; Contingency 1 A fully executed Memorandum of Understanding between the College of St. Benedict and Stearns County regarding access to the property must be provided to the City prior to application for building permit. The agreement must indicated that the access provided on the illustration is only temporary until Field Street is constructed. Contingency 2 Approval is granted for a Presidents Residents only and the property is not eligible in the future for a rental license. BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council accept the Special Use Request of the . College of St. Benedict for a Presidential Residence ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH ATTEST: 5 - - RESOLUTION OF FINDINGS ~ A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA DENYING THE SPECIAL USE REQUEST OF THE COLLEGE OF ST. BENEDICT ALLOWING FOR AN EXPANDED RESIDENTIAL FACILITY IN AN AGRICULTURAL DISTRICT. WHEREAS, the Planning Commission on June 2, 2004 received a request for a Special Use Permit allowing an expanded residential facility in an Agricultural District. WHEREAS, the Planning Commission on June 21, 2004 requested that the College plat the property so that only a four acre section would be rezoned; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 12, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Special Use request. NOW, THEREFORE IT BE RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH,MINNESOTA, that it adopts the following findings of fact relative to the special use request. Finding A: Determination of appropriate zoning. The subject property is currently zoned Agricultural. _ Finding: St. Joseph Code of Ordinances 52.26 Subd 1 states the intent of an Agricultural District is to provide for very low -- density residential development for persons desiring a rural life-style. The proposed development is not rural in nature. Finding B: Consistency with the St. Joseph Comprehensive Plan. The subject property is located in Planning District 8. Finding: The recommendation for future land uses within District Eight include the following: Single Family Development, Mixed density residential development adjacent to 95th Avenue, Fourth Avenue SE and CSAH 121 and Planned Unit Developments. Development must be consistent with the intended long range plan, therefore R1 Zoning is required. Finding C: Standards for granting a Special Use Permit. Finding: St. Joseph Code of Ordinances 52.07 Subd 3 (e) which states that the Special Use Application should be harmonious with the general and applicable specific objectives of the Comprehensive Plan of the City. Development of property zoned Agricultural in Planning District 8 is inconsistent with the Comprehensive Plan which calls for residential development. Finding D: Reconsideration for rezoning. Finding: As the subject property is guide for single family ~ development, the City would reconsider the application for Special Use if the property is rezoned to R1, Single Family. ~ BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council deny the Special Use Request of the College of St. Benedict to allow an expanded residential facility in an agricultural district. ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH ~ ~Uts ATTEST: ~> ~-d· / / A J".. -' ,/ ~_> J ~ / - ,_./ - - <.. / / r L---C~Ç'1' þ' _/1:-- iúdy '<Veyrens~ Administrator ( ) '----" - - -- - - CITY OF ST. JOSEPH - www.cityofstjoseph.com July 21,2004 Administrator Mr. Jim Fredricks Judy Weyrens College of St. Benedict 37 College Avenue North Mayor St. JosephMN 56374 Larry I, Hosch RE: Special Use Permit - Preside~t's Residence Councilors Dear Jim: AI Rassier Ross Rieke Enclosed, please fmd the Resolutions of Findings from the July 12,2004 Planning Gary Utsch Commission Meeting regarding the Special Use Permit application to allow the construction Dale 'Wick of the President's Residence on property currently zoned Agricultural. As is evidenced by the Resolution of Findings, the Planning Commission recommended the Council deny the Special Use Permit. The recommendation of the Planning'Commission has been forwarded to the City Council for consideration at the regularly scheduled Council meeting on August 5, 2004. - - Within 10 days of sàid Council meeting you will receive written verification of the Council action regarding this matt~r. If you have any questions or need a~ditional information please feel free to contact me at 320-363-7201. Sincerely, CITY OF ST. J~PH . ; ì (gad;! ¡(uy~ . I . Judy Weyrens ~ inistrator Enclosure (2) cc: Tom Jovanovich, City Attorney Tom Mathews - - 2.) Coil e g e A v e n u e Nor t h . POI) 0 x 6 6 8 . 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LEd pi ,I ,Hi ~ Ii ¡~ J! ~ ¡¡1~ ! J;'r' ' iH~ fW Ii I ! , ' \ j . , ! - I I I i ! J I 1 I i I ! ~ . CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2004, by and between College ofSt. Benedict, a Minnesota nonprofit corporation, hereinafter called the "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WIT N E SSE T H: . WHEREAS, the Developer is the Owner of certain Real Property which is legally des_cribed on Exhibit A, (hereinafter called the "Property" or "Development" or "Development Property") attached hereto and made a part hereof; and WHEREAS, the Developer has submitted a Development Plan for the construction of a presidential residence on the Property; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the development; NOW, THEREFORE, in consideration ofthe mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF DEVELOPMENT PLAN APPROVAL 1.1 Request for Development Plan and Plat Approval. The Developer has asked the City to grant final approval of a plat for a residential subdivision called College Addition and a development plan for a presidential residence, The legal description for the land proposed for development is described on Exhibit A, attached hereto and made a part hereof. - 1 - . 1.2 Conditions of Plat and Development Plan approval. The City hereby grants final approval of the Plat and Development Plan subject to the conditions that the Developer enter into this Agreement. 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the necessary security has been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: The presidential residence shall be constructed as shown on the Development Plans prepared by Decoster & Decoster, Inc. dated July 8, 2004, on one lot of the platted Property subject to the provisions of this agreement. 3.2 BUILDING CODE COMPLIANCE. The structure shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. 3.3 SITE PREPARATION: The Developer shall comply with all requirements ofthe "General Storm Water Permit for Construction Activity" issued by the Minnesota Pollution Control . Agency for construction activities. In addition, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adj acent properties, or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion ofthe work in that area. Seed shall include rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosIOn. 3.4 SITE GRADING (a) Site grading shall meet all of the requirements set forth in the City's Development Manual, and in the General Storm Water Permit for construction. (b) When the site grading has been completed: 1. The Developer shall verify by field survey that the site grading has been completed in accordance with the approved grading plan, as modified by the construction plans. The Developer shall submit the verified site plan to the City for approval. - - 2 · 2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage breaks, ponding sites, ditches, and swales. Arrows shall show how the lot is to drain. 3. The approved site grading plan shall become the Development Plan. 4. The Developer shall make the Development Plan available to subsequent owners ofthe lots purchased from the Developer, and to their builders. Upon completion of the final lot grading by the lot owner, elevations shall closely match those set forth on the Development Plan. 3.5 BUILDING ELEVATION: The proposed building will not exceed the building elevations shown on the development plan. 3,6 BUILDING EXTERIOR: The building exterior shall consist of red brick and white banding details. 3.7 INGRESS/EGRESS: Temporary access to the property shall be constructed from County Road 121 and shall be governed by the tenns of the agreement between Developer and Steams County Department of Highways dated July 9, 2004, attached hereto and incorporated herein as Exhibit B. 3.8 SIGNAGE: The presidential residence will have a sign of not more than six square feet, . _which shall not be located in the right of way. 3.9 OFF STREET PARKING AND LOADING: The Developer shall provide off street parking spaces, including _ handicapped spaces. 3.10 STREET CLEANING/DAMAGE: The Developer shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the City, the City may undertake the work and seek reimbursement from the security provided by the Developer as set forth in paragraph 8.15( c) ofthis Agreement, or alternatively, assess the cost against property owned by the Developer within the City. Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer's expense. 3.11 PUBLIC LAND CONTRIBUTION: The Developer shall contribute $914.00 to the City in lieu of a dedication of public land, with payment to be made upon execution of this Agreement. - - 3 . 3.12 STORM WATER: The Developer shall pay for storm water and drainage improvements on the current development phase the greater of either (a) $.20 per square foot of the "Net Developable property", or (b) the actual cost (labor and materials) plus related engineering cost for storm water improvements. "Net Developable Property" is defined as the gross land area minus street right-of-way and other land area dedicated to the public. "Storm Water Improvements" are defined as all storm sewer pipe, catch basins, manholes, riprap, and holding ponds installed by the Developer's Contractor. Ifthe Developer does not expend at least $.20 per square foot of Net Developable Property on storm water improvements, Developer shall remit the difference between the amount actually spent on storm water improvements and the $.20 per square foot to the City. This cost differential will be used for downstream storm water improvement costs which may have been, or will be, incurred by the City. Developer shall provide the City with a schedule of values for storm sewer improvements when the project is substantially compete. Upon approval by the City ofthe schedule of values, the City will invoice the Developer for the amount due. Payment is due within two weeks of the date of the invoice. 3.13 DRAINAGE: The drainage plan must be approved by the City Council. 3.14 FIRE HYDRANT: The Developer shall install a fire hydrant on the property at a location . approved by the City Engineer. 3.15 SAC/W AC and Trunk Charges. (a) Water and Sewer Access Charges. Water and Sewer Access Charges shall be paid by the owner of each lot at the time the building permit is issued. Charges shall be those in effect at the time the permit is issued. For the presidential residence property, Developer shall initially pay the standard water access and sewer access charges for single family residential. Water consumption will be monitored for 12 months. In the event that average water consumption exceeds 500 gallons per day, Developer will be assessed an additional Water and Sewer Access Charges. (b) Water and Sewer Area Trunk Charges. Developer shall pay the following Trunk Charges: (i) _. Field Street Trunk Water Charges: $3,109.00; (ii) Field Street Trunk Sewer Charges: $7,512.00; (iii) Co. Rd. 121 Lift StationTrunk Charges: $150.00; (iv) Co. Rd. 121 Trunk Water Charge: $150.00. Trunk charges shall be paid at the time the building permit is issued. 3.18 SPECIAL USE PERMIT CONDITIONS: The special use permit is conditioned upon the Property not being used for residential rental property. . 4 . 3.19 REQUJREMENTS FOR BUILDING PERMIT: No building pennit shall be issued for this Property until the Developer has signed and returned this Development Agreement, obtained any necessary easements and provided the City with a copy ofthe easement documents, and submitted any additional infonnation as directed by the City Engineer. 3.20 CONSTRUCTION SCHEDULE: The improvements shall be completed on or before August 31, 2005. 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer's interest in the Property is fee owner. 4.2 Binding Effect on Parties and Successors. The tenns and provisions ofthis Agreement shall be binding upon and accrue to the benefit ofthe heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at . the option of the City, shall be placed on record so as to give notice hereof to subsequent purçhasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 4.3 Notice. Any notices pennitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Clerk! Administrator City ofS1. Joseph, P,O. Box 668, S1. Joseph, MN 56374 If to the Developer at: Sue Palmer AND Tom Mathews College of S1. Benedict Hughes Mathews 37 College A venue South 110 Sixth A venue South, Suite 200 S1. Joseph, MN 56374 S1. Cloud, MN 56301 . 5 . 4.4 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications· and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 4.5 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and! or inspections deemed appropriate by the City during the development of the Property. 4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. 4.7 Assignment. This Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. . 4.8 Integration. This Agreement contains all ofthe understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4.10 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4.11 Representation. Rajkowski Hansmeier Ltd. represents the City with· regard to this Agreement. Developer is hereby advised to seek independent legal advice prior to execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the Development Plan, unless according to their terms are intended to terminate earlier: 4.13 Adoption of Ordinance by Reference. The provisions of the St. Joseph Code of Ordinances are hereby adopted by reference in their entirety, unless specifically excerpted, modified, or - - 6 · varied by the tenns of this Agreement, or by the final Development Plan approved as approved by the City. 5.0 DEFAULT AND REMEDIES 5,1 Default. Failure by the Developer to observe and perfonn any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developers under the Agreement. 5.2 Remedies. If an event of default occurs, the City may do any, all or any combination of the following: (a) halt all further approvals regarding improvements or issuance of building pennits or occupancy pennits relating to the Development Property; (b) seek injunctive relief; (c) take any other action at law or in equity which may be available to the City. 5.3 Right to Cure. The City shall give the Developer written notice of any default under this . Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence.good faith efforts to cure ifthe default is one which cannot reasonably be cured in 10 days). Signed and executed by the parties hereto on this _ day of ,2004. ATTEST CITY OF ST. JOSEPH By By City AdmÍnstrator/Clerk Mayor DEVELOPER: COLLEGE OF ST. BENEDICT By Title ST ATE OF MINNESOTA ) - - 7 . )ss COUNTY OF STEARNS ) On this _ day of , 2004, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk ofthe City ofSt. Joseph, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the rree act and deed of said corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of ,2004, before me, a notary public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the of College ofSt. Benedict, a Minnesota nonprofit corporation, the Developer named in the foregoing instrument, and that said instrument was signed on behalf . of said corporation by authority of its Board of Directors and said officer acknowledged said instrument to be the rree act and deed of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 1:\city\s~oe\2004\ . 8 JUL-12-2004 MON 03:09 PM 320 363 6397 FAX NO, 3203636397 p, 02 C 0 U N T Y 0 FS TEA R N S Department of Highways . PO Box 246. 8t Cloud, MN 56302 (320) 255-6180. FAX (320) 255-6186 MITCHELL A. ANDERSON, FoE. July 9, 2004 Highway EngIneer JEFF MILLER, P.E. A:¡~'f, Highway Enginttl!r JODI L. TEICH, P.E. Asst. Highway Engiru:er Mr. James Fredricks College of 81. Benedict Chief Physical PlantlFacilities Management Officer 37 S. College Ave 81. Joseph, MN, MN 56374 RE: CR 121 Accesses to CSB Property We have received your request for an access to the proposed president's . residence on the east side of CR 121 across from the main entrance to the college. As we agreed at our meeting, we will issue a permít to allow this access until the proposed collector route is built intersecting CR 121 approximately 320 feet to the south of the main entrance. At this time the access across from the main entrance would be removed. Approval of the temporary access request across from the main entrance is conditional upon agreeing to a maximum of two permanent accesses to the properties located on the east side of CR 121 between proposed Callaway 81. and the proposed collector street to the south. The agreed upon locations of these accesses were: 1) Approximately 315 feet north of the main entrance across from the parking lot entrance. 2) Approximately 885 feet north of the main entrance across from the first access south of the apartment building. All existing field entrances would be removed prior to construction of the agreed upon pennanent accesses. Jointly agreed upon by: 11fd¿¡'.Lar:¡~ ~+ ~~ 711;:4 · Mìtchell A. Anderson ate· es Fredricks ate Steams County ollege of Sault Bened1ct t:.. ~:.._. _ _ ~:. n .. __, _ _ ,_ _ _ . ,.. __ _ _ . _ _"' _ .. _ JI 7/6/2004 2:43 PM FROM: Fax TO: 9,363-0342 PAGE: 002 OF 003 . ' 'ViR 1<owski H~nsmeier Ltd. 11seventhAvenueNorth ATTORNEYS AT LAW P.O. Box 1433 St. Cloud, MN Sú302-1433 320-251-1055 ToU Free 800-445-9£17 Fax 320-2S1·S896 June 16;2004 raJhan@rajhan.com Ms. Judy Weyrens www.rajhan.com City A<lministrator for tl1e City of St. Joseph 25 North College Avenue p.o. Box 668 St. Joseph, MN 56374 RE: PropòsedPresidential Residence . Dear Judy: - The City has asked us to analyze how the area with the proposed presidential residence should be rezoned.. The area is cUlTently zoned as agric~tural and must be rezoned if the City chooses to accommodate the presidential residence and future developments. Frank J. Rajkowski .. Please be advised ~at if the City allows this area to be developed, it should rezone the Gordon H. Hansmeier area as an Rl single family residential district. The presidential residence is not a Frederick L Grunke permitted use under the Rl Zoning Ordinance. However, i:J1e City may issue a special Thomas G. Jovanovich· use permit for it Paul A. RajkoW5ki· The Ordinance provides that the City may Íssue a special use permit for "uses wInch in Kevin F. Gray the ju4gment of the Planning Commission and City Council are similar to those listed in this zoning district." City Code § 52.27, Subd. 3(k). Therefore~ the City must determine William J. Ce5hman if the use of the presidential residence is similar to the uses listed in the Ordinance and Richard W. Sobalvarrc Comprehensive PIan. Susan M. Dege The Comprehensive Plan recommends that this area (Section 8) should be zoned to LeAnne D. Bartishofski include singJe family residential homes, mixed density residential developments and Sarah L Smith-Larkin planned unit developments. The special uses in the Ordinance allow the development of public and private schools, religious institutions, libraries, public or semi-public eA.poetz recreational buildings, and bed and breakfasts. The Planning Commission should be able Joseph M. 13romeland to show that the use of the presidential residence is similar to the uses listed in the Ordinance and the recommendations in the Comprehensive Plan. Gregory J. Haupert laurel J. Pugh 7/6/2004 2:43 P~I FRO:1: Fax TO: 9,363-0342 PAGE: 003 OF 003 V · June 16, 2004 Page 2 Ag~ I advise the City to rezone this area as an Rl single family residential district and issue a special use pemrlt under the Rl Zoning Ordinance for the presidential residence. If you have any fl.1.rther questions regarding this matter, please call me. Sincerely, By 14 Thomas G. ovanovich TGJILJP/mai · · 4 -' ~ -F- ~ ~ . SEH MEMORANDUM TO: Judy Weyrens, City of St. Joseph FROM: Tracy Ekola, P.E. DATE: July 26, 2004 RE: College of S1. Benedict Presidential Residence SEHNo. STJOE0501 D49 14 The following are my review comments for the College of S1. Benedict Presidential Residence Preliminary Plat and Site Plan, Drainage & Utilities Plan: 1. A 10-foot utility and drainage easement should be provided along the west side of the plat (east side ofCR121 ROW). 2. A lO-foot utility and drainage easement should be provided along the south side of the plat (north side of Future Field Street ROW). 3. A fire hydrant should be provided along the access road south of the residence building (between the proposed water main and the access road). This location is subject to Building Department and Fire Department review. 4. A 30' utility easement should be provided for the proposed water and sanitary sewer line. The . easement should be provided from the Future Field Street ROW up to the location of the fire hydrant (to be located on the presidential residence site). Additional easement may be required for the utilities going to the north if future development extends the water main and sewer main to serve additional property. 5. The College of S1. Benedict has indicated that storm water treatment will be designed to meet the City of St. Joseph and State NPDES requirements and that infiltration swales or a treatment pond will be included as necessary to meet these requirements. Storm water management facilities shall be installed as needed to manage increased runoff so that the 2, 10 and 100-year storm peak discharge rates existing before the proposed development shall not be increased, and accelerated channel erosion will not occur as a result of the development activity. 6. Before a final plat is accepted, a final plan for drainage and utilities must be provided for the City's review. 7. Has geotechnical data been submitted for this site? 8. As noted previously in review comments regarding the rezoning of the site, permanent access for the presidential residence will not be allowed on CRI21. The temporary access show willbe located dífèctly across from the college main entrance. Permanent access for the presidential residence will be on Field Street or to the north to an interior access road in t~e College of S1. Benedict site. c: Joe Bettendorf, SEH Dick Taufen, City of S1. Joseph x:lslstjoe\common\d49 csb president's home\m-jweyrens-072604,doc . Short Elliott Hendrickson Inc., 1200 25th Avenue South, P,O, Box 1717, SI. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320.229,4300 I 800,572.0617 I 320.229.4301 fax I Attachment: Yes or No . REQUEST FOR PLANNING COMMISSION ACTION College of St. Benedict - Rezoning Request DATE: June 21, 2004 AGENDA ITEM College of S1. Benedict, request to rezone the property east of County Road 121, south of Kennedy Elementary School. PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION A public hearing needs to be established for the rezoning of the attached property as it is currently zoned Agricultural. The Planning Commission should also detennine what process will be required. It is the recommendation of staff that the property be platted and rezoned Rl with a special use permit. COMMENTS/RECOMMENDA TIONS . The College of S1. Benedict has requested to construct a Presidents Residence across from the main entrance. This has been a difficult plan to review. First, a determination of appropriate zoning must be made. When the Planning Commission worked on the Comprehensive Plan, the are in discussion was guided for mixed density. Their was some hesitancy to include E & E as a future land use, In reviewing this request, the proposed use is not a problem, in fact, it is nice to see that the President of the College will be a resident of St. Joseph. It appears as the best way to rezone this property is to rezone only the portion of property where the house will be located as Rl with a special use pennit. The Special Use Pennit would be very specific and will place limitations such as that the property could not be converted to rental. The College is requesting a hearing to rezone to E & E, as staff we believe the hearing should be for Rl and a special use permit. The second issue is platting. The property should be platted before it is developed. I requested the College submit a plan for the entire parcel. Jim Fredricks has indicated that the plan submitted is only a "best guess" and any further development could be many years in the future. Regardless, the property could be platted with outlots that could be subdivided at a later time. If the Planning Commission concurs the College would be required to complete the Preliminary Plat process. The subject property is metes and bounds. The City also needs to discuss access issues. Representatives from the City will be meeting with Steams County next week. This infonnation will be available for review before the public hearing. . . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION College of St. Benedict - Presidential Residence DATE: July 12, 2004 AGENDA ITEM Special Use Permit - Allow an expanded residential facility in an Agricultural District PREVIOUS ACTION The Planning Commission previously initiated an Amendment to the Zoning Map requesting a public hearing to consider rezoning property owned by the College of St. Benedict from the current Agricultural to Rl, Single Family. At this same meeting the College was requested to Plat the property so that only the four acre section would be rezoned. The City cannot have two zoning classifications for one parcel. RECOMMENDED PLANNING COMMISSION ACTION . COMMENTSIRECOMMENDATIONS Since the last Planning Commission meeting many discussions with the College have taken place. The College does not want to zone the property as Rl nor do they want to plat the property. After review of the property it was discovered that the property east of College Avenue is separated into two parcels. Therefore, it would be possible to rezone only one parcel. Relating this to the plan that was submitted, the parcel containing the residence also contains soccer fields. The use of both the residence and fields could be addressed through the Special Use process. The College would like the property to be zoned as E & E. However, the future land use in the Comprehensive Plan does not include that use. Therefore, the first step would be amending the Comprehensive Plan. College representatives opted to make application for a special use permit under the Agricultural Zoning District as a similar use to a residential dwelling. The facility proposed does not meet the definition of a single family dwelling, not did it fit into any of the categories allowed in an Agricultural Zoning District. For this reason the College made application for a Special Use Permit. Some concern has been expressed as to whether or not it is appropriate to grant the Special Use Permit in an Agricultural District. In reviewing this matter the Planning Commission must determine if the intended use meets the Intent stated in the Ag District, if the continued use of the Ag district is consistent with the Comprehensive Plan and if the Special Use Permit request meets the standard for granting. . Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION College of St. Benedict - Presidents Residence DATE: July 26, 2004 AGENDA ITEM College of St. Benedict - Preliminary Plat, Rezoning and Special Use Permit PREVIOUS ACTION The Planning Commission considered the Special Use Permit request of the College of St. Benedict on July 12,2004. The request included constructing an expanded residential facility in an agricultural zoning district. The Planning Commission denied the Special Use Permit as the request should have accompanied a request to rezone the property Agricultural to R1, Single Family. The property has been designated for Residential Use in the Comprehensive Plan and development should occur in accordance with same, including appropriate zoning. The proposed use did not meet the intent of an Agricultural District. The Planning Commission indicated that the use was appropriate if the zone was Single Family and encouraged the College to resubmit the application under the Single Family Zoning. . RECOMMENDED PLANNING COMMISSION ACTION If the grading plans are submitted, it is recommended that the Planning Commission accept the following resolutions recommending the Council approve the rezoning, special use permit and preliminary plat as presented. COMMENTS/RECOMMENDA TIONS At the time of writing this memo the College has not submitted the grading plan which is a requirement for platting. Since the platting only includes one lot and does not include utility or street extension the majority of the platting procedures do not apply. The College will be required to enter into a development agreement and pay the required fees. I have included in your packet the development agreement that has been forwarded to the College. If the grading plan does not arrive in time for the Planning Commission meeting you will have to decide if you will accept a preliminary plat without the documentation. C:\Doruments and Settings\Judy\My Documents\PJanning Commission Correspondence\2004 Request for Action\CSB plat rezone u5e.doc . · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Brian Shields - Interim Use Permit DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Brian Shields, 321 Cypress Drive - Interim Use Permit PREVIOUS ACTION The Planning Commission on July 12,2004 conducted a public hearing to consider the Interim Use permit allowing Brian Shields to operate an owner occupied rental unit. The City was able to verify the property owner was renting through the water bill process. A compliance order was mailed and Brian filed for an Interim Use Permit. As can be seen on the attached minutes (July 12 -located at the back of · the packet) one person spoke in objection to the use. The Planning Commission did recommend the Council approve the Interim Use Permit as indicated on the following resolution. Brian is currently renting to three unrelated persons, one more than allowed (only two besides the owner is allowed by Ordinance). Brian will be requesting the Council allow the additional rental to live at his residence until November, when they can find alternative living quarters. RECOMMENDED COUNCIL ACTION Accept the recommendation of the Planning Commission adopting the findings granting a conditional Interim Use Permit. The conditions are the same as those applied to all Interim Use Permits and will be reviewed annually. FISCAL IMPACT COMMENTS/RECOMMENDATIONS · RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA APPROVING THE REQUEST . FOR AN INTERIM USE PERMIT FOR BRIAN SHIELDS. WHEREAS, the Planning Commission received a request for an Interim Use Permit allowing for an owner occupied rental with no more than two tenants: and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 12, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Special Use request. NOW, THEREFORE IT BE RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the interim use request. Finding A: Consistent with current zoning rules for owner occupied rentals. Finding: St. Joseph Code of Ordinances 52.27 subd 5 allows for an Interim Use permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. Finding B: Unit is owner occupied, . Finding: St. Joseph Code of Ordinances 52.27 subd 5 states that for purposes of establishing is the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the request for an Interim Use Permit for Brian Shields. ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: Judy Weyrens, Administrator . , I Attachment: Yes or No I . REQUEST FOR PLANNING COMMISSION ACTION Interim Use Permit - Brian Shields DATE': July 12; 2004 AGENDA ITEM Interim Use Permit - Brian Shields, Owner Occupied Rental PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION Approve the Interim Use Pennit for up t~ two tenants as allowed by the Ordinance . - COMMENTS/RECOMMENDATIONS The City was made aware that Mr. Shields was renting his property on Cypress Drive. A Compliance Order was sent and he scheduled the public hearing. Mr. Shields would like to have more than two tenants. I informed him that two was the maximum and it would be doubtful that a variance would be granted to allow for more. In checking the rental records this property has not had a rental license in the past. Therefore if it was rented it was done without completing the process. In reviewing the property, there is sufficient parking for two tenants. If the Interim Use Permit is approved, it will be reviewed annually with the other Interim Use Permits. We are scheduling the review for current Interim Use Permits in August. . CITY -0 F ST. JOSEPH ~;'lW-'¡? cityofstjoseph .com ¡ · City of St. Joseph Public Hearing Administrator The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday, July 12, 2004 at 7:00 PM in the St. Joseph City Hall. The purpose of the hearing Jud}, 'Weyrens is to consider an 'nterium Use Permit to allow an owner occupied rental unit in an R-1, Single Family Zoning District. The property is legally described as Lot 004 Block 001 Mðyor Hollow Park. The property is located at 321 Cypress Drive. Larry I, Hosch St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interium Use permit as follows: Residential rental provided the unit is owner occupied and provided the room (s) Councilors rented does not contain separate kitchen facilities and is not intended for use as an AI Rassier independent residence. For purposes of establishing if the property is owner occupied, the Ross Rieke owner must be a natural person and the owner occupying the property as his or her Gðry Utsch principal residence and must own a fifty percent (50%) or greater interest in the property. Dale 'Wick Therequest for Interium Use has been submitted by Brian Shields, 321 Cypress Drive, St. Joseph MN 56374. Judy Weyrens Adm inisirator Scate Law requires mailed notice to all property owners within 350feel of a · Note: variance, special use, interim use or rezoning request. , -i I COUNTY: ROAD 75 W · 2.) College I\venue North' ~ () I) 0 x 6 b 8 . S din t , joseph, Minncsotd I "0")74 Phone ")2.0 ")6',ì2.01 lOa x >2.0.")6, .0")42. APPL1'CATIQ.N 'FOR,I'NTERIM USE 'PERMIT CITY OF ST. JOS'EPH -- 25 College AvenueNW Fee $ aid . P. :0. Box 668 :eceipt# , ' St. JO'seph, :MN ,56374 ate - (320)363-7201 or ;Fax (320)363-0342 STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: - ßf?¡ p. r\J SI-U€L05 PHONE:, 42o~2~<~ ADDRESS: 321 C YPJ"T¿SS Dr. 'S-f,-3ã$<!.ph , ""N SQ; 574 I/We, the undersigned,hereby make the following application to the çity Council and Planning Commission of the City of 8t. Joseph, Steams County, Minnesota. (Applicants havB',the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): 1. Application is hereby made for Interim Use Permit to conduct the following: I e;.."", IbCllJ~ -to - he,. vQ t'Do'""'- ~-k> ...¡.....~ v.:o,' \ ( -- - fç,..y ~~'. 2. Legal description ôf land to be affected by application, incIU~~ acrea~e.or square foöt~ge of)and involved, and street address, if any (attach additional sheet if necessary): SEe. - - 0 Tw p-. I C: Y RAN6.(:.: .' ()'è.'7 +£OL.l-òW t'AR..tC Li:T··CXJlf KLoC.k. - 00 ¡ APx 5ËJí';'-rF·· 6?:.00'0 ]"2.1 Cy f>.r<:!.55 DR 3l'. $ ùSEPH t"f\J Ç(,;3, 74 . 3. Present zoning of the above described property is: ¡2~J - - 4. - Name- and address of the present owner of the above described property is: B ((i A. 10 ~ s ~€L.D5 '3 Z 1 c.y pr~sS' D t. Sf 3"t:¡)QPh Î t"\tJ 5t;:;:S"7 ~ 5. Is the proposed use compatible with present and future land uses of the area? Piease explain: YÖ'I ',+ ~Q;5 $:,. ~ot.r,'.Ç ( -z.. \:xJ'hrvQ~ r "'....J\ -"Ð, <.r...c..Q.s .ç('¡ ,r- ~ s-t·r.(!(:,-Ì _ pc--k..'",:;' 6. 7. . 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: \! e > T hG'\,UI:! [) '~Y',A\, f"'-Ä, ~ '3:';'I'(!~ P""-Y"l.~'N. it> k~ ~f> ..../.,p SJ.....t?t>f ",(JQ,'1: ~ I ~ ~ ~ . ,(.../ 0 Q Ö " * Q' -:< ~.. ¡ NO DE!...ttoJQUENT TAXES AND . .TP_~.~~SFE~ E~"ITEhED 11.01324 t.~.7:~:.-9---;-~- ß,3-:;p~ 04'FEB 23 Af'U I: 18 /,\/ / Jrv·I .:~l t" ...If' ."0 ,,/.. ,,..,_,~ " .'/" r í· ~"~..J:r" ". Ll4.. ,'w!"'" -pIt"'~,.¡.,' . ~ coumr r-ECORCEÞ. .-.,.. "-:ÿ'~. . STEARNS COUNTY. fiN DEPUTY . DIANE GrW:\:DHO~FER 5'f- 535 37-600 BY \Üb DEFUTV DEED TÞY. DUE: $1.65 Form'No.'27';M - QUIT CLAIM DEED Intlrvid1Jel(s) to Individual(s) Date; Fe.bruary 20r 2004 FOR VALUABLE CQNSIDERATION, Dennis Shields and Joan -Shieldsr husband and wife, Grantor(s), hereby convey(s) and quitdaim(s) to Dennis Shields and Brian Shields, Gral1tee(s), real property in Steams County( I Minnesot;3¡ desc:ribedas follows; , lot 4, Bloclc 1, Hollow ?ark Addition! Stearns County¡ Minnesota. The consideration on this deed is for $500.00 or Jess. ; together with all heredïtaments and ¡:¡ppurtenanC'"'-s. . j Check Box if applicable: 0 Tne Seller certifies that the seller does not know of any wells on the àescribed real property. I I 0 A wet! disclosure certificate accompanies this document. KJ I i:lTT1 famiJiar with the property described in this instrument and I certify that1:he status and number of wells onthe described real property have not changed since the last preViously filed well disclosure certificate. 30 ~OOO518;! 2I23/2()0J, TRESOS DEED 7X ~ 1l=1~=40 PA I D $1.£5 ~Bºe 1 of 2- . SCR~ofÆL ., - '~ ~ Danni& Shields . ÇÞ41"At: la . Jo Shields Affix Deed Tax Stamp Here Sf ATE ,OF ' CO; 5w 1"":-" } Glrrc".....+ . } ss. 0 COUNTY·OF } This instrument was acknowledged before me on February 20, 2004, by bennis Shields and Joan Shields, husband and wife, Grantor(s). ~ [£1' . NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): . ~ ' QßL~" . ...,,,\t-I-1"" ".1.&.'''''' ~~ ~ SIGNATURE OF NOTARY PU OR OTHER OFfIc::rAL ~...", '\£. ~ ..1.,,,.....,. ~.... ....:..." .....,........~. 1-...' -ot!~ Check here If pa¡t or 1'111 of the land i5 Reglsœred (Torrens) 0 .:f -,::;~ ........ à $-- .~~;~ ~ .~~..,:- O-:T~ ::;:0 ,-". ..... ~ ..:. -= Tax srarønen!5 fer the real property descnbed in the inslrornent should be . -= " ': t;:l . -.. : <:" :. ~.. .0...... lit. ...... :: sent: to (mclude name Elnd address of Grantee): ..~ I==:: ~ 'i .\.. ~ .:.).>. ~ ..:; :. "..,..... -¥.i .::;; ¿ ..~.-; ~......... C' -'..f·'t....t:i;) -.::0::: "'to I "........:0.."'... ~.....:? ....~...' ...\."..L \ - ,. ~ TH15 'N5lRUMENT WAS DRAFTED BY {NAMEA"" ADDRESS)' Dennis Shie:lds ~ - --- 321 Cypress Drive Brian Shields St. Joseph, MN 56374 21. Cypress Drive - Joseph, MN 56374~ / ., . . - ?age. 2. of 2 . "ì ~ SCR /\ of .. ,- \4\.\~-I: ~ I .'"T' '-f' N . 1 -z.4 H I k 53+1- @ '1 e -¡. ~r '"""' ,.... N ...... - VI '. ¡¡;¡- :Y ' , , .... I I '-';"" ~ ~ '-r - ^ V\ ~ ~- U C>- VI ~ V) - 0 ('J::t Q,I M ' 11'\ l ~ 0..0- '" rv >-... . U - // ] - T 8 í ! "'<" cB ..,. :; ~ - ~ '-+ 8 ç¡- J~+ç- 'I ~ ':7 CJ <::! .- 1.l~ I ;:; § \Y .L IT "- ~~ ç~. í '-'" I I' - , t IT f ~ S"J £..{ \ ! T I .... ! .:. \ I l"';" i ' f \ \ . I ' I \ - - -J · I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Foxmore Hollow - Bob Herges/Rick Heid DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Foxmore Hollow _ P. ""'- IlY / Final Plat; Development Agreement; Variance; Special Use Permit PREVIOUS ACTION The Planning Commission and City Council have previously approved the preliminary plat for Foxmore Hollow. At the time the Preliminary Plat was approved it was noted that two variances regarding ponding were required. The approval at the Council level included a contingency that the variances would be approved. The Planning Commission on July 26, 2004 recommended approval of the variances. At the · same meeting the public hearing was conducted for the special use permit to allow the R-3 Development. The R-3 development has gone through many revisions and the density has been reduced considerably since the fIrst concept. The fInal building is now a two story building with 16 units. The Planning Commission is recommending the approval of the fmal plat as well. We are at the same stage with this development as Momingside Acres, the Development Agreement is in the process of being finalized. RECOMMENDED COUNCIL ACTION Two separate actions would be required on this matter: 1. Variances - Accept the recommendation of the Planning Commission and approve the variance and special use permit 2. Final Plat - Approve the fInal plat provided that all the documents are ready for execution or table the matter until resolution is achieved. Approval would also include execution of the Development Agreement. FISCAL IMPACT COMMENTS/RECOMMENDATIONS · I Attachment: Yes or No . REQUEST FOR PLANNING COMMISSION ACTION Foxmore Hollow - Final Plat, Special Use and Variance DATE: July 26, 2004 AGENDA ITEM Foxmore Hollow - Final Plat, Special Use and Variance Request PREVIOUS ACTION Upon the recommendation of the Planning Commission the City Council approved the preliminary plat for Foxmore Hollow on July 1,2004 with the understanding that two variances would be required: 1) setback from a holding pond and 2) outlots must be platted on a separate lot. These two issues were missed by the Engineer on the preliminary plat, partly because the City was contemplating using a regional pond and the entire outlot would be buildings. The request for setback from the holding pond is identical to that of Sand Companies. This portion of property is difficult to develop as it forms and "L" and the adjacent property is already developed. So the setback variance is a result of the abutting property. . Keeping the holding pond as part of the outlot makes sense if the property is not being turned over to the City for maintenance. In this case the developer will own and maintain the holding pond to City standards. This provision will be part of the Development Agreement. Therefore, in this case it is not necessary to create a separate legal parcel. RECOMMENDED PLANNING COMMISSION ACTION Accept the resolution approving the final plat of Foxmore Hollow COMMENTSIRECOMMENDA TIONS . . RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE VARIANCE AND SPECIAL USE REQUEST OF FOXMORE HOLLOW FOR A MIXED DENSITY DEVELOPMENT WHEREAS, the Planning Commission on March 1, 2004 accepted the concept plan for Foxmore Hollow for a mixed density development plan consisting of multiple family and single family dwellings; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing that was held on March 24, 2004 before the St. Joseph Planning Commission; and WHEREAS, the pUblic hearing included a special use permit to allow the construction of a three story, 24 unit apartment facility and during that portion of the hearing considerable opposition to the apartment complex was heard.; and WHEREAS, after all those wishing to be heard testified, the hearing was closed and the Planning Commission discussed the preliminary plat and special use permit. During discussion the Planning Commission concurred that a multiple family structure was appropriate but requested the developer meet with the neighbors and present a new development plan for that portion of the plat. Therefore, the Special Use permit was denied and the Planning Commission waived the fee to consider a new development plan. The City Council affirmed this recommendation and accepted the findings for denial; and . WHEREAS, the developers have met with the neighbors and reduced the density of the proposed multifamily facility to a two story, 16 unit apartment facility; and WHEREAS, the proposed development is also in need of two variances -regarding the location and setback of a holding pond, and the City Engineer missed this requirement during review of the preliminary plat; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 26, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the special use request to construct an R3 facility with more than 12 units. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST,. JOSEPH¡ MINNESOTA, that it adopts the following findings of fact relative to the Special Use iåhd Variance request. Finding A: Appropriate Zoning Finding: The proposed development is being constructed on property zoned R3, Multifamily. The proposed building meets the design standards as outlined in Ordinance 52.29. Finding B: Standard for granting a Special Use Permit . Finding: The proposed development plan is consistent with the Standards for Granting a Special Use Permit. Finding C: Variance....; Exceptional or Extraordinary Circumstances - Holding Pond . Finding: The subject property is located adjacent to an existing development and the setback from a holding pond cannot be met. The project has been re-clesigned to minimize the variance. Finding: The variance not requiring the holding pond to be located on a separate parcel relieves the City the responsibility of maintaining a holding pond. The requirement for separate parcel applies when a single owner cannot maintain the holding pond and applies to R-3, Industrial and Commercial Zoning Districts. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the Special Use Permit and variances include the following contingencies: Contingency 1 : The developer shall be required to maintain the holding pond to the standards as established by the City. NOW, THEREFORE BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, hereby requests the City Council approve the following Special Use and variances: 1. 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54.16 . Subd. 3 ( r ), 2. Variance from St. Joseph Code of Ordinances 54.16 subd. 5( e) relieving the require~ment that the holding pond be located on a separate lot. 3. Variance requiring all buildings to front a public street. St. Joseph Code of Ordinances 54.16 Subd 4 (e ) ADOPTED this day of July, 2004. BY: CITY OF S1. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: Judy Weyrens, Administrator F:ICITY\shared\SarahIResolution of FindingsIFoxmore variance and $peçial use.doc . - RESOLUTION OF FINDINGS - A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE FINAL PLAT ENTITLED FOXMORE HOLLOW AS REQUESTED BY FOXMORE HOLLOW LLP WHEREAS, the Planning Commission on March 1, 2004 accepted the concept plan for Foxmore Hollow for a mixed density development plan consisting of multiple family and single family dwellings; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on March 24, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Preliminary Plat entitled Foxmore Hollow and recommended the Council accept the preliminary plat; and WHEREAS, the City Council accepted the recommendation and approved the Preliminary Plat for Foxmore Hollow on July 1, 2004. The approval of the preliminary plat included the contingency of the completion of the variance process for relief on the setback requirement from holding ponds. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the . platting process Finding A: Acceptance of Plat. Finding: The Plat entitled Foxmore Hollow meets the minimum design standards and contains 13 single family lots and 1 multiple family lot NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the final plat to include the following contingencies: Contingency 1 Execution of the Development Agreement between the City of St. Joseph and the Foxmore Hollow LLP. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the Final Plat entitled Foxmore Hollow as requested by the Foxmore Hollow LLP. ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: . Judy Weyrens, Administrator CITY OF ST. JOSEPH - WW"", cityofstjoscph ,com - City of St. Joseph Public Hearing The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday, July 26,2004 at 7:25 PM in the St. Joseph City Hall. The purpose of the hearing is to consider a variance from the required setback from a holding pond and a variance waiving Administrôtor the requirement that a holding pond must be located on a separate outlot and to consider a Judy'Weyrens Special Use Permit to allow for the construction of a 16 unit apartment complex. The property being considered for Variance and Special Use is legally described as Lot 19, Foxmore Hollow. Mayor Larry , Hosch St. Joseph Code of Ordinance 54.16 subd 3(r) states the one-foot freeboard contour above the high water level shall be at least one hundred feet from any building pad. Councilors St. Joseph Code of Ordinances 54.16 subd 5(e) states the area containing the pond AI Rassier or basin shall be platted as an outlot and dedicated to the public for drainage Ross Rieke purposes. Gary Utsch St. Joseph Code of Ordinances 52.29 subd 2(a) requires a Special Use Permit for Dale 'Wick multiple dwellings over 12 units. 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Zš Om en~ I ¡ j ¡ , j I !-if l' ~ I' æ : '; IH : z: "...'....~~~-~" ""~"=~".'~"""""""~":---'~.: ·¡".""'~""·""'~~'^"':_~,,:~,·,'~-"""'"'>''',,·<:·,,.~''''''''''''''...~''''''A.h.........'f'-'-;":':-"';':o:'cv.·>""'_"_~_._._"'_~_""'__'-"'-~""7""",,""'-'- _._.___._~___.. .' "'''''.''.~''~.~'~-''''''-~~'~''''''~.~.''''..'''~'''''-'''''',y",..,~~"":,=~,",=.~,,,,,~,,,...... ,..... ',... .. ..,."._.",_.",._,,~, I Att<ichment: Yes or No I REQUEST FOR COUNCIL ACTION Pond View Ridge 8 - Bob Rerges/Rick Reid DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Pond View Ridge 8 - Preliminary / Final Plat; Development Agreement PREVIOUS ACTION The City Council was approached by two residents with failing septic systems along 16th Avenue SE. The Council approved the extension of utilities and also requested that Bob Herges and Rick Heid participate and add utilities to an existing outlot. Adding utilities to the outlot would reduce the cost to the two residents. In reviewing the outlot, it was large enough for two single family lots. Therefore, Herges/Heid are requesting a plat for these two lots. They could have completed an administrative lot split, but chose to plat the property. The City prefers this method. The Planning Commission on July 26, 2004 considered the platting request and recommended the Council accept the preliminary and [mal plat. As a reminder, this project is completed as a City project so SEH has completed the Engineering. RECOMMENDED COUNCIL ACTION Accept the recommendations of the Planning Commission and approve the Preliminary and Final Plat for Pond View Ridge 8 and authorize execution of the Development Agreement. FISCAL IMPACT COMMENTSffiECOMMENDATIONS - -- Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Preliminary and Final Plat - Pond View Eight DATE: July 26, 2004 AGENDA ITEM Preliminary and Final Plat - Pond View Ridge 8 PREVIOUS ACTION The City Council received a request to extend services to two homes on 16th A venue with failing septic systems. In order to make the project financiaIJy feasible, the City requested that Bob Berges and Rick Beid participate and provide services to the outlot in Pondview Ridge 6. The outlot was large enough to accommodate two lots. Since the outlot was previously platted they could have completed an administrative lot split but preferred to plat the property (the City also prefers this method), The project to extend utilities is being completeçl by the City. Therefore, most of the engineering has been completed internally and has not been submitted separately. RECOMMENDED PLANNING COMMISSION ACTION Accept the resolution approving the preliminary and final plat for Pondview Ridge 8. COMMENTS/RECOMMENDA TIONS . I .h....&..&..... I.tl. ~¡,.' '-1.0 '..:'-'\.I'J. þ,,.t.u. I . ....1 ...U.,~. ü VV I - ~ I I . ,::~,'·'·'''''''..,I r '""....,.---~:r;·:.,......· ......,. ...,_...,'..~,.. .. .,.--...., "'<:;:i-"·" ..,....-.,.., ,., .........-"'....-. ----- ,.-....... ---,.-...--,. -.. ,..- -,", .. 'i' I ' .., ~: ! I . :< ~<,::.. ClfY Of sr. JOSEPH I ~ :', II ." :" W ,.:.:.... > '~~ I' ..' I <C ." . ."J :..,. !, I ; ~,.'.. ..... ',' ~. ...L.. I .;:: i"...; r- ;:-:" ,..1 to oQ. ,: . <.;.{ N .. <r- IX) ;: :,:.:? ï --- - , . - ". ....... 8frSS 08 W 139.39 ...... '$ :~;, ! 20 FOOT PROPOSED . _ _ _ _ _. t') C': ! PERMANENT UllL EASEMENT j: 139 l: I i' ';; ! 1- I ~ ~ i I I I ~ :;~ I I 1 :.. , ' '0 co 0 ,~ t i' I 12197 +/....SF ,110 0 I II) ;: (. IÔ I I ~ ;; ¡ VIe fOR &. LOLA AHa t:; I ~_ Ie , . '1 .;~ " I ~, i ,,:.,'- _ --.:'\._'139 J 4J , .'.:.'.:..:.. Ö ~': - - - · I I " '.. ..... 0 -:-I - - - - - --¡ ('I I ., 'I ...' ...--. ëo r~ ' 1P , :: -:..'.:.. 0 ",'-.J I CD " ,I í ,- .,' · '-.J 0 : I.: i - -- .. . .... '- I ':, ~ ¡ - ,.- - . I' CJ Q) 'V' 'I :- : ,! __::::;:..' I *0eJ.iP..: 0 I ; ii' '.<\ ... I (I) 2 : I co 2: .. I . .. CD !;...-- \ ! .::' ." . 20 FOOT PROPOSED I 12297 + / -SF I :. : !} PERMANENT UTlL EASEMENT -; ,I I ,: :.." ,', ...,. I L -I .- '" ¡' ...' I -__~____.J j.- 'r-l.:c;'.. " lit} ;;- . '{3 .- ~,if.. :..' .... 139 _: v ... 33 k;" ¡. ..... · · ~, " .... .' n I POND VIEW Ll? ..;.... '" N 88"55 08 W 139.45 ....:.... .... k~ , N88'55'06uW 208.72 . ..' , ·1 :, ~ I ' .ROPOSED :':t ¡ I '. ~ B DIP I ... 15 FOOT C:L£ ,_:"" ' WATER E . ;'1 " ...........I,.JN.. PER DOC. NC , } .. PROPOSED ~~. . ' __ . . 8" PVC "THOMA..-=) SCHL.EPIE¡.{ ..;;~! .'. -ç" S NrrARY SEWER LINE 'W}I C'· '.' ...., I " ',"' ...: t~.' t'~" .->.." ... ''1: .'. . , 6...... ¡.... .'¡'¡'-';'; '... POND VI'i:.W l.LP , N :~r. ~ pJo.Jt.: þ:·L~O$-t'C\.. -pv-6Lìc:- ,',' 0 . ~c:4 ~...~_, . . wY\."i"I'(INCñ"'-l 1'\..1" ~. 0 . , ¡ _ __ .._ ~!Ï. . r ' (. -, co c.'vLs 1\0\- ..2-¥..J.e.neJ.. .. '~ I, L i':, ¡?;. ¡-~ g' 'bl P wa...-k (" 1/""~ ::~ . ~ ~ -Þ ~ loc \::. \ 'Vc;Y"¿Å \11< W' :: . Co ,'.- ·.i - "k:1 ! 0 ~Q.~. -.:.l1\-..... ..'l, I: I :.- 1\ -. :;:u.2r \ II ...~~~_Jrl/fJ. :: 0 1'WI:Vl' I á- ~~J;I¡;oJ;!io" ~'V.- I. (f . ! ' L &v 1 0+ 2) ().H'd<-. 1 ' \1 0-1-1 . _ I tÅ- \Tz, I u)/V-" y" $<!\f"'\.1 ~ . ¡ : (~ )1Yt ì) v.rì Ii. ~ _ \ ,_,_ ~;cLicl . I -- I' I , ' i i , ; :I / / / CITY OF ST. JOSEPH W,"'W, cityofstjoseph, com Public Hearing City of St. Joseph The Planning Commission for the City of St. Joseph sha1l conduct a public hearing on Administrdtor Monday, July 26,2004 at 7: 15 PM in the St. Joseph City Hall. The purpose of the hearing is Judy 'Weyrens to consider the platting of Outlot B; Pond View Ridge 6. The purpose of the plat is to a1low the construction of two single family dwelling units. MdYor The request for platting has been submitted by Pond View Ridge LLP; Bob Herges/Rick Larry J, Hosch Heid; 25 _11th Avenue North; St. Cloud MN 56303. Councilors AI Rdssicr Judy Weyrens Ross Ricke Administrator Gary Utsch Dalc 'Wick Publish: July 16,2004 [iEfl ~,t=a EBff::¡// ~"wi ~ I \ East Baker Str ---- ' . , ~II Liberty Pointe ffFffffi . Klinefelter Park Proposed Pondview 8 J CL - - 2.'í College I\vcnul' North' PO ßox 668 Sòint, Joseph. Minncsotð )6'74 Phone ,2.0,6',72.01 I:ò x '2.0.,Ó,.0'42. -~--------~--- --- -"---- - -------_0 ________ ___~_~____ _____ _ _.________,_ ___________" ~_______.___.__._~________ _ __._______________ ___ _.., _ _______ ' - ~ ~ ... 0 ~~ ~ =~ ~ .3- tn ~-.~ 2 e~l."1~ :a.. . ::: [Q Ò ;r~1fl t¡ z -2 Q .en iJI - ~}\) ~-~'or ~dJ1,g:U ~ ~ ~u-- .~~ iic;- :J ] :~..;~;:¡ 8 4~- N Vi ~Jj~ ;; - ~ ~ o I:~..- :... .~= I.&l Ö ë- ~ - =.., g dJ1 ¡!§ I!! ~ ~ ~ Õ ä. 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Ow i ,N~ I ' ~ ~ j t I /" ~ L - --L -- __ _-'____1 : ~ _,,··~·o ".'" . :: I ~ 1_ ; .::,. ~ ~~~ ~ I í ~ ~ ~:i _0 I ffi¡-:::E ~:f8 '-' .", ..'-'z ~~~ I ,.~Iñ \ L~ tS'l99 ~. ]~9£,ZO.LO N ...... ""n I I .......... ++ ...... """ §~ ~ I I g _N æ 99 e.. ____ . . . . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION . Sand Companies - Morningside Acres DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Sand Companies - PreliminaryIFinal Plat; Development Agreement; Variance; Special Use Permit PREVIOUS ACTION The Planning Commission conducted the public hearing on July 12, 2004 (see attached minutes at end of packet). At the hearing the Planning Commission agreed to the basics of the plat. However, their were some outstanding issues. First, the City has not received a response from the County Engineer. Municipalities are required to receive comments on all plats before approving. Secondly, Steams County . Environmental Services tabled action on the plat for additional -information. The City would not have a response until July 22. During review ofthe plat it was also noted that a number of variances would be required on the design standards regarding holding ponds and wetlands. The variances were recommended by the City Engineer and seemed reasonable. In addition to the design standards, it was determined that Momingside Acres could be developed without utilization of the PUD process if a variance were granted for one of the R3 buildings. The variance would be a rear yard setback. The Planning Commission conducted the required public hearings on July 26, 2004 and have recommended the Council accept the findings and grant the variance. In addition, the Planning Commission recommended the Council approve the Special Use permit to allow the R3 Development. Please note that the approval is contingent upon a specific plan and it is the responsibility of the property owner to request an extension if one is needed. We still have one outstanding issue regarding the connection of the trail system. The new Ordinance gives the Council discretion in determining the amount or portion thereof of the connection fee that is above and beyond the park dedication fee. Last meeting Jamie from Sand Companies indicated that the sidewalk would only cost $ 9,700 and the Council agreed to contribute that amount as a City contribution for the tax credit application. Joe Bettendorfhad indicated that the cost of that sidewalk is between $ 20,000 to $ 25,000. Therefore, the Council needs to resolve this matter and determine if the City is relieving the developer the additional cost. Access issues - The Stearns County Highway Department has submitted their response to the plat and have requested the City consider turn lanes. Joe Bettendorf is having a traffic Engineer analyze the plat and then make recommendations. While the letter from Mitch Anderson states considerations should be - given, the City is obligated to look at the implications. This can only be done with a traffic study. Joe - will have this information for the Council on Thursday night. The Developer's Agreement is in the process of being finalized. If Sand Companies does not agree to the Agreement before Thursday evening, the Council will have two options: 1) not approve the final plat or · 2) approve the final plat with contingencies. RECOMMENDED COUNCIL ACTION Three separate actions are needed on this matter: 1) Accept the fmdings of the Planning Commission and grant the variances and the special use p enn it. 2) Approve the preliminary plat with contingencies 3) Approve the final plat provided that all the documents are ready for execution or table the matter until resolution is achieved. Approval would also include execution of the Development Agreement. FISCAL IMPACT COMMENTS/RECOMMENDA TIONS At the time of writing this Memo, the Planning Commission has not acted on the preliminary and final plat. It was hoped that all the issues would be resolved before the August 2 meeting. If the Planning Commission does not approve I will forward that infonnation as well. · · . RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE VARIANCE REQUEST OF SAND COMPANIES FOR A MIXED DENSITY DEVELOPMENT. WHEREAS, the Planning Commission conducted a Public Hearing for the Preliminary Plat on July 12, 2004; and WHEREAS, during review of the preliminary plat it was determined that variances would be required for design standards and setbacks. The Planning Commission tabled action on the preliminary plat and set a public hearing for variances on July 26, 2004; and WHEREAS, the Planning Commission on March 1, 2004 accepted the concept plan for . Mornin9side Acres for a mixed density development; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on July 26, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the variance requests. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the variance request. . Finding A: Exceptional or Extraordinary Circumstances - Wetland/Storm Water Variances Finding: The topography and wetlands create development constraints and the developer has minimized the impact on wetlands and storm water ponds. Finding B: Conveyance of Rights - Setback and use of private streets. Finding: The developer will be providing housing under the auspices of the Area Cities Joint Powers Agreement. This agreement requests that the City work with developers to provide affordable housing and that can include relief of setbacks. Relief is being granted to provide affordable housing. Finding: The private street being considered is more an internal road system for a multiple family complex. The roads will not be named or designated the same as a street. Finding C: Minimum variance required - Wetland variance Finding: The original plan submitted required a larger variance. The City Engineer required re-design of the plan to reduce the impact. Finding D: Exceptional or Extraordinary circumstances - setback from holding pond. Finding: Allowing the driveway encroachment with curb, gutter, and storm sewer will allow for more efficient storm water management. . NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the . variances include the following contingencies: Contingency 1 : The variances are based on the development plan attached as "Exhibit An. In the event the plan is changed, the variances become null and void. Contingency 2 It shall be the responsibility of the developer to request an extension of the variance request if the project does not commence before August 5, 2005. NOW, THEREFORE BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, hereby requests the City Council approve the following variances: 1. 10' variance on the rear yard setback (building only). St. Joseph Code of Ordinances 52.29 Subd. 7 ( c ). 2. 56' variance on the distance of a driveway to wetland. St. Joseph Code of Ordinance 52.19 Subd. 4 (b). 3, 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54.16 Subd. 3 ( r ). 4. Variance requiring all buildings to front a public street. St. Joseph Code of Ordinances 54.16 Subd 4 (e) ADOPTED this day of July, 2004. . BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: . · RESOLUTION OF· FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE PRELIMINARY AND FINAL PLAT ENTITLED MORNINGSIDE ACRES AS REQUESTED BY SAND COMPANIES. WHEREAS, the Planning Commission on March 1, 2004 accepted the concept plan for Mornin9side Acres for a mixed density development; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on March 24, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Preliminary Plat entitled Morningside Acres NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the platting procedure. Finding A: Acceptance of Plat. Finding: The Plat entitled Morningside Acres meets the minimum design standards and contains 30 single-family homes, 32 townhomes and 18 patio homes. · NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH" MINNESOTA, that the recommendation requesting approval of the preliminary plat to include the follo.Y-'ing contingencies: Contingency 1 Execution of the Development Agreement between the City of St. Joseph and Sand Companies. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the Preliminary Plat entitled Morningside Acres as requested by Sand Companies. ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: · """II. 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(V) ª~m~ (j)(90 I ç ð~~æ 0 0... . ü:.:2I.LZ ~a œ:<t:I I'- õOQW ill c.9 ' , , æ~m~ '1> " , , , ~~ :: 'Z~O Cf) , , , (.I)Z:JOC Z I Q«W~ ~~~5 0 « (/)000 :::JO- J 0 ~çz~ -"'os ~ (J)O~ -.J ~Jf~z I- ::> a::o~w DOCQQ 0 Cf) wD.oQ UJ CO fßUJ"'on ~~ 0.. ~a.'" ::r:OLUQ --cna::LL ,,0: :2 0 8 D llJ co ('() I z= 09 \-- «II >= llJC\! -1~ llJ('{) o¿:LÜ :2 «-1 llJ<f.: 0 o¿:~ 8 D llJ co ('() I Z 0= -0 \- -' «- >11 llJ = -1C\J llJ('{) ---- \-('{) ZLÜ 0-1 o¿:ð LLtfJ (!j~~ (!j~~ :2 0 0 o¿: D llJ co ('() I z= 09 - - ~II >= llJC\J -1~ llJ('{) llJlL.I D<C -\.) ú)tfJ I ; i . . . COUNTY OF STEARNS . Department of Highways ö PO Box 246 . St Cloud, MN 56302 (320) 255-6180 . FAX (320) 255-6186 MITCHELL A. ANDERSON, P.E. Highway Engineer JEFF MILLER, P.E. July22,2004 Asst. Highway Engineer JODI TEICH, P.E. STEARNS COUNTY HIGHWAY DEPARTMENT Asst. Highway Engineer COUNTY PLAT REVIEW PLAT: MORNINGS IDE ACRES SECOND ADDITION The basic criterion for this plat review is provided for in the Stearns County Comprehensive Plan. Location The general location of the plat is west of CR 121 within the City of St. Joseph. . CR 121 is classified as a minor collector in the area of the plat. The 1999 traffic volume on CR 121 in this area is 2050 ADT. -_..~ Right of Way Consideration should be given to the construction of a right turn lane into the new development. It appears that sufficient right of way exists on the west side of CR 121. Also, consideration should be given to construction of a left turn bypass lane or a dedicated left turn lane into the development. Additional right of way may be required on the east side of CR 121. Generally, all private facilities such as signs, entrance medians (divided entrances), fencing, etc. shall be placed/constructed outside of the pennanent county right of way. Access Management: Access to the plat will be via Iverson Street West. No other access from CR 121 wiIl be permitted. The owner should confer all "rights of access" to Steams County for the property frontage along and adjacent to the County fight of way. Drainage Facilities: . No drainage is included for review of the plat. Storm water drainage facilities 875-8898 "Affirmative Action I Equal Opportunity Employer" should be designed in such a manner as to not exceed the current (before development condition) maximum storm water runoff flow onto county right of way. The analysis should be based on a minimum 100-year design storm. . Culverts constructed/placed within the county right of way as part of this project should be specified as a minimum of 15 inches in diameter. Any culverts crossing under existing or proposed county roads and/or municipal streets should be specified as reinforced concrete pipe and should be a minimum of 24 inches in diameter. Reinforced concrete pipe shall be tied/secured together with appropriate steel fasteners. A utility permit will be required if utility construction activities are within the county right-of-way. Traffic and Public Safety: Sight distance appears satisfactory. All street and private entrances should be graded in such a manner as not to drain onto the existing county roadway if possible. Mailbox supports installed within the County right-of-way shall conform to the latest Stearns County Mailbox Support Policy. í /1io/ct Assist ¡ I Date . ~--~ I concur in the above review and recommendations. '-r1f~ d Cl~ 7 jze,!of , Stearns County Engineer Date DisLribution: Stearns County Recorder's Office (original) City of St. Joseph (copy) Otto Associates (copy) Steams County Surveyor's Office (copy) . Judy Weyrens em: <susan. mcguire@co.stearns.mn.us> "Jim W. Sand" <JWSand@SandCompanies.com> Sent: Monday, July 26,200411:32 AM Subject: Morningside Acres Jim, At the Steams County Wetland Advisory Committee meeting on July 21, 2004 the Committee voted to continue the decision on the Wetland Replacement Application for Momingside Acres. The City of S1. Joseph Zoning Ordinance 52, Subp 4a states that "The following activity shall be subject to a 50 foot :etback from wetlands: The construction or maintenance of a building attached to a foundation...." The plan that was presented by Sand Companies has less than a 50-foot setback fÌ'om houseío existing wetland. The Minnesota Wetland Conservation Act states that the decision of the Wetland Advisory Committee must be ;onsistent with other plans, such as zoning. As it stands now, an approval of the wetland plan would be inconsistent with the City's zoning ordinance. For the Wetland Advisory Committee to approve the Wetland Replacement Application, the City must grant a variance fÌ'om the wetland provision in Ordinance 52 as it relates to Morningside Acres. Essentially the City must state that the ordinance will not apply to the wetland in this case. )incerely, )ue McGuire )usan McGuire Rs County Environmental Services "{ m 343, 705 Courthouse Square 31. Cloud, MN 56303 'hone (320) 656-3613 foll-fÌ'ee Phone (800) 450-0852 :;'ax (320) 656-6484 . 7/2612004 SAUK RIVER WATERSHED DISTRICT 524 4th Street South Sauk Centre, Minnesota 56378 Phone: (320) 352-2231 Fax: (320) 352-6455 · e-mail: srwd@mainstreetcom.com June 29, 2004 Judy Weyrens City of St. Joseph 25 College A venue North PO Box 668 St. Joseph, MN 56374 Dear Judy: Thank you for the opportunity to comment on the preliminary plat for Morningside Acres. I have taken the opportunity to go visit the site as well as review the submitted documents. The Sauk River Watershed District is focused on preserving natural resources, especially surface \vaters. When we provide comments to plats it is specifically to address these, and only these concems, In this regard, it appears that a small bit of wetland will be filled, and that a stormwater treatment pond will be installed to provide treatment to stormwater runoff generated by the development. This will outlet into a wetland and · eventually end up discharging into the Sauk River. Our concem is that the treatment in the pond is adequate enough so that the wetland does not lose any effectiveness and does not become more degraded than it might possibly already be. This should be addressed if they properly plan for the new NPDES regulations. 'Erosion and sediment control are our two main issues during construction and these concerns also will be addressed when they develop their NPDES plan and pennit. Again, thank you for the opportunity to comment on this preliminary plat. Please contact me if you have any questions or need further information. Sincerely, ~\~'C~~ ~}' Klocker Administrator BOARD OF t\IANAGERS · Don Kanten, Kay Cook, Chub Hensley, Ed Hunstiger, Allan Kuseske, Sharen Kutter, Bob !\Iostad, Angie Tomovic and Virgil Rettig STAFF Julie Klocker, Starla Arceneau, Lynn Nelson, Melissa Bromenshenkel and Amy Trisko "Water Quality Is Our Concern" · CITY OF ST. JOSEPH DEVELOPER AGREEMENT (Developer Constructed hnprovements) THIS AGREEMENT, made and entered into this _ day ofJuly, 2004, by and between Sand Companies, Inc., hereinafter called the "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WIT N E SSE T H: · WHEREAS, the Developer is the Owner of certain Real Property known as Morningside Acres, which is legally described on Exhibit A, (hereinafter called the "Property" or "Development" or "Development Property") attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Developer to provide for the construction of certain public improvements, and for the financing of said improvements; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF PLAT APPROVAL 1.1 Request for Plat Approval. The Developer has asked the City to grant final approval of a plat for a residential subdivision called Morningside Acres. The legal description for the land proposed for development is described on Exhibit A, attached hereto and made a part hereof. 1.2 Conditions of plat approval. The City hereby grants final approval ofthe plat subject to the conditions that the Developer enter into this Agreement, furnish the security in a form acceptable as required by the various provisions of this Agreement, and record the plat with the County Recorder within 30 days after the City Council approves the plat. · 1 2.0 RIGHT TO PROCEED · The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement have been recorded with the Stearns County Recorder's office; (4) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 Improvements. The Developer agrees to construct those improvements itemized below, (hereinafter known as the "Improvements"): Check all that apply: X Site Grading ~- Bituminous Streets X Water Main X Street Signs X Stonn Sewer Regulatory and Warning Signs - l Holding Ponds - Turning and Bypass Lanes · X Concrete Curb & Gutter L On-site Wetland Mitigation X Sanitary Sewer X Erosion Control The Improvements itemized above shall include all necessary appurtenant items of work as detennined by the City. 3.2 Completion Deadlines. The Developer agrees to proceed with said the Improvements entirely at its expense, and to complete said improvements by , except for final wear course which shall be completed by The construction documents shall establish completion dates at or before the dates shown above. 3.3 Engineering Services. The Developer will retain an engineer satisfactory to the City to prepare complete construction Plans and Specifications for The Improvements. The Developer shall make his engineer aware of the provisions in this Agreement. The Developer's engineer shall: (a) Arrange for soil borings in accordance with Exhibit C and/or such other subsurface investigations as the City may require, (b) Prepare construction plans, specifications, and estimate in accordance with Exhibit C. 2 · · (c) Secure all necessary pennits including those required by the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Department of Natural Resources, Stearns County, or any other regulatory agency that has jurisdiction. (d) Submit items one (1) through eight (8) on Exhibit "D" prior to beginning any construction in the development. (e) Prepare the Environmental Assessment Worksheet (EA W), if necessary, and any other related environmental documents, reports, or studies as may reasonably be required by the City. (f) Provide all necessary construction staking and related survey work. (g) Provide construction administrative services on behalf of the Developer, including the following: review shop drawings, coordinate construction staking, monitor pennit requirements, process applications for payment, prepare change orders, monitor completion dates, coordinate field issues with Contractor and Developer, participate in final inspection. Prepare operation and maintenance manuals in · accordance with Exhibit "C". Submit items nine (9) and ten (10) on Exhibit "D" in a timely manner during construction. (h) Prepare record drawings. Submit item eleven (11) on Exhibit "D" to the City Engineer within 30 days of receiving field measurements from the City's on-site representative. (i) Prepare and submit such other documentation as the City may require. 3.4 The City Engineer shall: (a) Provide such City proj ect standards, including special details, insurance requirements and specifications, as the City may require. (b) Review and approve Plans and Specifications. (c) Provide a City Representative for resident construction observation throughout the construction period. (d) Provide field infonnation to the Developer for use in preparing record drawings. (e) Conduct a final inspection and review final construction documentation. · 3 · (f) Conduct location survey to develop Geographical Information Services (GIS) coordinates for all manholes, valves, catch basins, and sewer/water services. (g) Recommend Acceptance of Improvements to the City. 3.5 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering Services, consultant services, City Attorney services, and City Administrator costs and shall, upon execution ofthis Agreement, place in escrow with the City cash or irrevocable letter of credit in the amount of $ which shall be applied to the payment of the cost of said services. Should the above amount exceed the cost to the City, the City shall return to the Developer all unused funds, including accumulated interest. Should the expense to the City exceed the above amount, the City will notify the Developer of additional amounts to be paid into the escrow account. The Developer shall fund the escrow account in the amount requested by the City within 15 days after notice. No building permits shall be issued until the escrow account is funded as requested by the City. The Developer shall pay a reasonable fee for in-house administration ofthe development by the City staff and the City's consulting professionals to include but not be limited to engineers, planners and attorneys. City administration \vill include monitoring of construction observation, consultation with Developer and his engineer on the status of or . problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests of reduction in security. The Developer shall pay for construction monitoring performed by the City's consulting professionals at their customary hourly rates, Construction monitoring shall include part- or full-time inspection of proposed public utilities and street construction by the City Engineer. 3.6 City as Third Party Beneficiary. The City shall not have any direct contractual relationship with the Contractor, but shall be considered a third party beneficiary to the contract entered between the Developer and the Contractor. The City shall not be liable to the Contractor for the Developer's breach of a duty to the Contractor. 3.7 Easements. The Developer shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for installation and maintenance of The Improvements. 3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurance certificate shall be in a form approved by the City, and shall be delivered to the City at least three days prior to the commencement of any work on the Improvements. Such insurance shall remain in full force and effect through the end of the warranty period described in . Section 3.12. 4 . The Developer shall cause each person with whom Developer contracts for the construction and installation of any Improvements to provide evidence of insurance. Said coverage shall include Contractor's General Liability, OwnerÆngineer Protective Liability, Automobile Liability, Contractual Liability, and Worker's Compensation coverage. The City and the City Engineer shall he named as an additional insured on such policy by endorsement. The Developer shall provide builder's risk insurance if there are any structures to be constructed as part of the development (lift stations, pump houses, etc.). All insurance coverage shall be provided in accordance with City specifications. 3.9 Perfonnance Security. Prior to the actual construction of the Improvements pledged to be constructed by the Developer, the Developer shall post with the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such improvements, conditioned upon the faithful construction ofthe improvements according to the Plans and Specifications, and final approval ofthe City Engineer, and the tenns ofthis Development Agreement. As the improvements are partially completed, the Developer may request the City to release a portion of the Security representing the cost of the completed improvements as detennined by the City Engineer, but at all times there shall be Security in an amount of at least 125% of . the estimated cost ofthe unfinished improvements. If the construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the perfonnance security requir~d by this section. 3.10 Labor and Materialman's Bond. Upon execution ofthis Agreement, the Developer shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen perfonning labor or services, and all supplies or materialmen providing materials for the Improvements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of all laborers and materialmen in the fonn of release, signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor, and all construction contracts are under control ofthe Prime Contractor, the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and! or material provided by the Prime Contractor. 3.11 Warranty Bond. The Developer shall fully and faithfully comply with all the tenns of any and all Contracts entered into by the Developer for the installation and construction of all The Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance ofthe Improvements. In addition to the Security required by Section 3.10 herein, the Developer hereby warrants and shall post a warranty bond, warranting the condition of the materials and workmanship of the . improvements for a period of two years following the City's final acceptance of the 5 . Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. 3.12 Completion Date and Inspection. The work the Developer is to perform under this Agreement must be done and performed by Developer in a good and workmanlike maImer and completed by the date set in paragraph 3.2 of this Agreement. The storm sewer, water and sewer mains, roadways, and all other improvements called for in the Plans and Specifications will be subject to the inspection and approval of the City and the City Engineer, and in case any material or labor supplied shall be rej ected by the City or the City Engineer, as defective or unsuitable, then such rejected material or labor shall be removed and replaced with approved material or labor, to the satisfaction and approval of the City, entirely at the cost and expense of the Developer. 3.13 Damage to City Infrastructure. Developer shall promptly repair, at the Developer's expense, any damage to the City's existing infrastructure. Repairs shall be to original condition or better. 4.0 FUTURE IMPROVEMENTS 4.1 Future Improvements. The Developer and City hereby acknowledge that certain improvements, not included as the Improvements outlined herein, will have to be constructed. at some future date to complete service to the Development. These improvements, known as "futureimprovements" include the-following: NONE. 5.0 PHASED DEVELOPMENT Ifthe development and improvements which are the subject ofthis Agreement are a portion ofamulti-phased preliminary plat, the City may refuse to approve final plats of subsequent phases ifthe Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 6.0 CHANGES IN OFFICIAL LAND USE CONTROLS For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official land use controls shall affect the use, development density, lot size, lot layout, or dedications of the development which is a part ofthis Agreement unless required by State for Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State and Federal law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of this Agreement. . 6 · 7.0 GENERAL TERMS AND CONDITIONS 7.1 Attornev Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 7.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer's interest in the Development is fee owner. Prior to execution ofthis Agreement, the Developer shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof of title acceptable to the City. 7.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit ofthe heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, ifthere be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees · shall be paid by the Developer. 7.4 Notice. Any nõtices permitted or required to be given or made pursuant to this Agreement shall be delivered pet:Sonally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Clerk! Administrator City ofSt. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Developer at: Sand Companies, Inc. 336 South 10th Avenue P.O. Box 727 Waite Park, MN 56387 7.5 Acceptance and Ownership of Improvements. The City will accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his knowledge and belief, the improvements have been completed in conformance with the terms of this Development Agreement and all documents incorporated herein by reference. Upon · completion of the work and construction required by this Agreement and final approval and 7 acceptance by the City, the improvements lying within public easements in the development. shall become City property without further notice or action. 7.6 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 7.7 Indemnification, The City and its officers, agents and employees shall not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer shall hold the City and City Engineer harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property, The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third parties. 7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers . and contractors a license to enter the Property to perfol1n all work and/or inspections deemed appropriate by the City during the development of the Property. 7.9 Streets. (a) During any period of spring weight restnctlOns, when the streets within the Development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with a an axle weight of seven tons or more. (b) The Developer shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction ofthe City, the City may undertake the work and seek reimbursement from the security provided by the Developer as set forth in paragraph 8.15 (c) of this Agreement, or alternatively, assess the cost against property owned by the Developer within the City. . 8 . (c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer's expense. 7.10 Erosion Control. The Developer shall comply with all requirements ofthe "General Storm Water Permit for Construction Activity" issued by the Minnesota Pollution Control Agency for construction activities. In addition, the City may impose additional erosion control requirements if in the opinion ofthe City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion ofthe work in that area. Seed shall include rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. The Developer shall deposit with the City a security deposit or irrevocable letter of credit in the amount of$5,000.00 to secure performance of this provision. 7.11 Site Grading. . (a) Site grading shall meet all of the requirements set forth in the City's Development Manual, and in the General Storm Water Permit for construction. (b) When the site grading has been completed: 1. The Developer shall verify by field survey that the site grading has been completed in accordance with the approved grading plan submitted with the preliminary plat documents, as modified by the construction plans. The Developer shall submit the verified site plan to the City for approval. 2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The approved site grading plan shall become the Development Plan. 4. The Developer shall make the Development Plan available to subsequent owners of the lots purchased from the Developer, and to their builders. Upon completion ofthe final lot grading by the lot owner, elevations shall closely match those set forth on the Development Plan. . 9 · 7.12 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. The issuance of a Certificate of Compliance does not release the Developer or any Surety from warranty responsibilities arising under Section 4.12 herein. 7.13 Public Land Contribution. The subdivider shall contribute $76,170.00 to the City in lieu of a dedication of public land, with payment to be made upon execution of this Agreement. 7.14 Time of Performance. The Developer shall install all required public improvements for the Development prior to the issuance of building permits by the City, with the exception ofthe final wear course of asphalt on streets. The wear course on streets shall be installed between August 15 and October 15 the first summer after the base layer of asphalt has been in place . one freeze-thaw cycle. The Developer may, however, request an extension of time from the City. If any extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this timeframe must have the written approval of the City Engineer. 7.15 Ponds. (a) Dedication of Pond Areas. The Developer will dedicate to the City the property sho'wn for storm water or sedimentation holding pond purposes on the Preliminary Plat and/or as required by the Plans and Specifications. Said dedication shall include an access drive to the pond site. Developer will dedicate the drainage and storm sewer utility easements shown on the Preliminary Plat and/or as required by the Plans and Specifications. The Developer agrees that all holding and sedimentation ponds and drainage easements as shown on the Preliminary Plat or as required by the Plans and Specifications are required for the development of the Development Property. (b) Cleaning of Ponds. At such time as the City Director of Public Works determines that construction on the Development Property has been sufficiently completed so as not to cause significant erosion which will contaminate the holding ponds servicing the Development Property, Developer will clean/dredge all holding ponds and stonn water pipes on the Property. In the event the ponds require cleaningídredging prior to the . 10 . completion of all such construction, the City Director of Public Works may request that the Developer complete more than one cleaning of the holding ponds. (c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property whether such ponds are located on City owned property, easements running in favor of the City or on private property must maintain a minimum of an 8 foot natural buffer ITom the high water mark. Notwithstanding the above, one access to each pond may be created by the City in a location determined by the City in its sole discretion. Developer shall be responsible for the cost of signage around said buffer areas indicating that the buffer is part of a wetland restoration project which may not be distributed without the written permission of the City. Said signs shall be posted in locations reasonably determined by the City. 7.16 Storm Water. The Developer shall pay for storm water and drainage improvements on the current development phase the greater of either (a) $.20 per square foot of the "Net Developable property", or (b) the actual cost (labor and materials) plus related engineering cost for storm water improvements. "Net Developable Property" is defined as the gross land area minus street right-of-way and other land area dedicated to the public. "Storm Water Improvements" are defined as all storm sewer pipe, catch basins, manholes, riprap, and holding ponds installed by the Developer's Contractor. If the Developer does not expend at . least $.20 per square foot of Net Developable Property on storm water improvements, Developer shall remit the difference between the amount actually spent on storm water improvements and the $.20 per square foot to the City. This cost differential will be used for downstream storm water improvement costs which may have been, or will be, incurred by the City. The storm water fee for the Development is $149,721.80 based on a Net Developable Property of 748,609 square feet. Developer shall provide the City with a schedule of values for storm sewer improvements when the project is substantially compete. Upon approval by the City of the schedule of values, the City will invoice the Developer for the amount due. Payment is due within two weeks of the date of the invoice. 7.17 Monuments. Developer may place, at Developer's sole cost and expense, identification monuments on the entrances to the Development Property pursuant to City Ordinance regulations. The location and type of monuments must be approved by the City Engineer prior to installation. Prior to installation of any monuments on the Development Property, Developer must create an association to maintain said monuments. The association documents must be approved by the City's attorney and originals provided to the City's attorney for recording against the Development Property. 7.18 Reimbursement of City's Costs. Te Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incuned by the City in connection with an matters relating to the negotiation, administration and . enforcement ofthis Agreement and its performance by the Developer. Developer shaH also 11 . reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development. Developer shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. Such reimbursement shall be made within 14 days of the date of mailing the City's notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building permits until all costs are paid in full. The City may further declare a default and collect its costs from the security deposited in accordance with Section 4.5 of this Agreement. 7.19 Renewal of Security. If any escrow account or bond deposited with the City in accordance with this Agreement shall have an expiration date prior to the Developer's obligations hereunder being complete, the Developer shall renew such security or deposit substitute security of equal value meeting the approval ofthe City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security or renew such security shall constitute a default and the City may place a moratorium on all construction or other work related to the Development, refuse the issuance of building permits, and declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the City as a security deposit in the same manner as the security theretofore held by the City. 7.20 Platting. Developer must include all of the Development Property in the final plat of the. first phase of the development, with future phases of the development platted as Outlots. The final plat must be recorded prior to the City or Developer initiating the installation - of Municipal Improvements on the Development Property. 7.21 Utility Location. Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. Developer may receive an exemption from this requirement if Developer demonstrates to the City Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. 7.22 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. Ifthe Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict or impede access within the easement area by a person or vehicle. 7.23 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and installation of street lights and street signs. Developer will name all streets within the 12 . . Development in accord with City Ordinance regulations. The improvement shall not be accepted until installation of street lights and street signs is completed. 7.24 Wetlands. Developer shall take the following precautions to protect any A wetlands@ within the Property, as that tenn is defined in Minnesota Statute Section 1038.005, Subd. 19; (a) Upon completion ofthe site grading, place signs on any lots containing wetlands or drainage easement providing notice of the location of the wetland or drainage easement. The signs shall be in a fonn and size as prescribed by the City and available for purchase through the City Clerk=s office. The location and number of signs for each lot shall be as required by the City Engineer. (b) Prohibit filling of wetlands so long as Developer is the owner of the affected lot, except for fill done in conjunction with a mitigation plan approved by the Steams County Environmental Office. (c) Developer will, simultaneous with recording of the initial plat for the Development Property, provide an easement and development restriction to the City protecting the wetlands areas located within lots shown on the Preliminary Plat. Said easement and development restriction shall be drafted by the City Attorney and must provide that . the wetlands located on the lots shown on the Preliminary PI~t may not be filled or distributed without the pennission of the City, which it may deny in its sole discretion, and any other applicable agency. Developer will provide signs on the Development Property indicating the location of the protected wetlands. All signs and locations must be approved by the City prior to installation. (d) Notwithstanding anything in this Agreement to the contrary, the Developer shall be responsible for all wetland mitigation which is required for construction of any ofthe Municipal Improvements, and Developer shall be responsible for all wetland mitigation which may be required because of work done by or under the direction of the Developer in the areas designated as future park. Developer will complete and pay for all pennitting, credit purchases, and/or other mitigation costs which may be involved. The City may, however, take action to minimize charges or costs to the City in the event the Developer fails to obtain all pennits and complete all mitigation which may be necessary for the construction of the Municipal Improvements and/or work in future parklands. 7.25 Proiect Specific Requirements. (a) Developer shall disclose to purchasers of Lots 1 and 2 of Block 1 of the Development that both lots are subject to low water pressure. . 13 . (b) Developer shall submit a copy of the approved NPDES II Permit from M.P.C.A. 7.26 SAC/W AC and Trunk Charges. (a) Water and Sewer Connection Charges. Water and Sewer Access Charges shall be paid by the owner of each lot at the time the building permit is issued. Charges shall be those in effect at the time the permit is issued. (b) Water and Sewer Area Trunk Charges. Developer shall pay at the time of approval of each final plat for the Development Property sewer area trunk charges and water area trunk charges in accordance with City policy in effect at the time of such approval. 7.27 Default and Remedies. If Developer fails in any way to perform or observe any covenant, condition, or obligation contained in this Agreement the City may do any, all or any combination ofthe following: (i) halt all further approvals regarding platting, improvements or issuance of building permits or occupancy permits relating to the Development Property, (ii) seek injunctive relief, (iii) terminate this Agreement and all of the obligations contained herein without terminating Developer's obligation to reimburse the City for costs it has incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize . any funds or other security which have been provided to the City pursuant to this Agreement; and/or (v) take any other action at law or in equity which may be available to the City, 7.28 Assignment. This Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 7.29 Integration. This Agreement contains all ofthe understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 7.30 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 7.31 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 7.32 Representation, Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. Developer is hereby advised to seek independent legal advice prior to execution of this Agreement. 14 . . 7.33 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the plat, unless according to their terms are intended to terminate earlier: (a) Developer shall commission a study regarding the need for a left hand turn lane as recommended by Steams County Highway Department. (b) The single family dwellings in the Development shall not be used as rental units. Signed and executed by the parties hereto on this day of ,2004. ATTEST CITY OF ST JOSEPH By By City Administrator/Clerk Mayor (SEAL) . DEVELOPER: Sand Companies, Inc. By Name Title STATE OF MINNESOTA ) )ss COUNTY OF ) On this day of , 2004, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk of the City ofSt. Joseph, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. . 15 . Notary Public STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 20_, before me, a notary public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the President of Sand Companies, Inc., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. 11 Seventh A venue North . P.O. Box 1433 St. Cloud, Mirmesota 56302 Telephone: (320) 251-1055 L\city\stjoe 16 . 07/02/04 16:04 FAX 320 229 4301 SEH -+ ST JOSEPH 141 003 . ~ //~~~::;) . SEH MEMORANDUM i /' \ ,/ .' , TO: Judy Weyrens '.'......-----------........'..." City of St Joseph FROM: Tracy Ekola. PE Sr. Professional Engjneer DATE: July 1,2004 RE: Morningside Acres Second Addition St. Joseph, Minnesota SERNo. A-STJOE 0401 14 The following are my review comments for the Morningside Acres Prelinrlnary Plat: 1. How will sidewalk. be constructed from. 295th Street to Iverson Street'? 2. Will the accesses into the multiple family sites be considered private streets or driveways? 3. Turn lanes on CR121 shall b~ coordinated with Steams County Highway Departme;nt. 4. Buildings with elevations over 1130 may require pressw'e booster tanks to be ~staned for adequate water pressure. . 5. StoIDlwater pond setback requirement of 100' is requested to be reduced to 50'. Pond site conditions are condusive to allow this setback reduction. 6. Revise typical street cr.oss section to provide 2" base instead of 1. W' base. 7. Per the soils report, if subgrade is not capable of passing roll test, replace 12" aggregate base with geotextile, 18" select granular, 6" aggregate base. Warranty issues? c: Joe Bettendorf, SEH Dick Taufen, City of S1. Joseph X:\S\sljoc\041200\con:\M-jweyrens prelim plat 0701 04-ðoc . Short Elliott Hendrickson Inc., 1200 251n Avenue South, P.O. Box 1717. SI. Cloud. MN 56302-1717 SEH is an aqual opportunity employer I www.schlnc.com I 320.229,4300 I 800.572.0617 I 320.229.4301 fax 07/02/04 16:04 FAX 320 229 4301 SEH ~ ST JOSEPH 14J004 ~ . 5EH MEMORANDUM TO: City ofSt. Joseph FROM: Shannon Smith DATE: June 30, 2004 RE: 2004 Morningside Acres Second Addition 8EH No. A-STJOE 0412 I have reviewed the hydrology ca1eulations for the Morningside Acres Second Addition in St Joseph, :MN. The comments below pertain to my evaluation of the pond and surrounding area of the watersh~ 1. It seems the Curve Numbrn for some of the areas were based on a hydrologic soil classification of an A type soil. This contradicts the Soil Survey for Stearns County, which classìfies the area as a B type soil. 2. When analyzing the watershed and pond with the Curve Numbers for a B type soil, it was found that the pond peak elevation increased from what was in your report. For a 100-year Storm the peak elevation increased from 1084-49 feet to 1084.95 feet. Even with this change În:elevation the pond still does not reach the flood elevation level of 1085.00 feet, and the high-w;ater level . appears to be 2 feet below the surrounding homes lowest opening elevation. With these findings it is my opinion that the pond has sufficient capacity for the watershed runnoff. ses c: Tracy Ekola, SEH >=I>\>;t,;:,104( 1 OO\c>Jn\0040 '1I)<Iro 'moming<i~ a= 2J:d.doç . Short Elliott Hendrickson Inc., 1200 25th Avenuo South. P.O. Box 1717. $1. Cloud. MN 56302-1717 SEH Is an e<lUQI opportunity employer I www.sehlnc.com I 320.229.4300 I 800.572,0617 I 320.229.4301 fQ)(: ~ · SEH MEMORANDUM TO: Judy Weyrens City of St. Joseph FROM: Tracy Ekola, PE Sr. Professional Engineer DATE: July 6, 2004 RE: Morningside Acres Second Addition St. Joseph, Minnesota SEHNo. A-STJOE 0401 14 The following are my review comments for the Morningside Acres Preliminary Plat: 1. How will sidewalk be constructed from 295th Street to Iverson Street along CR121? This is not shown on the information submitted. 2. Will the accesses into the multiple family sites be considered private streets or driveways? Two additional accesses from the multiple-family lots onto Iverson Street may be considered to in order to provide better access for emergency vehicles into the multiple family site. 3. Turn lanes on CRI21 shall be coordinated with Stearns County Highway Department. 4. Buildings with elevations over 1130 may require pressure booster tanks to be installed for · adequate water pressure. 5. Stormwater~pond setback requirement of 100' is requested to be reduced to 50'. Pond site conditions are conducive to allow this setback reduction. 6. Revise typical street cross section to provide 2" base instead of 1 W' base. 7. Per the soils report, if subgrade is not capable of passing roll test, replace 12" aggregate base with geotextile, 18" select granular, 6" aggregate base. Warranty issues? 8. Will the entire wetland located in the northwest corner of the plat be mitigated? If not what is the extent of the mitigation. 9. The multiple-family lot driveways do not meet the 75' setback from wetlands. However, this could be permitted if the improvements include curb, gutter and storm sewer, and surface water runoff from the pavement is routed to the stormwater pond. 10. Access to Lot 2, Block I and Lot 1 Block 2, Morningside Acres shall be maintained during the construction of utilities and street improvements for Morningside Acres Second Addition. II. The driveway location for Lot I Block 1 'shall be on the east side (adjacent to the easement along the east property line in order to allow a reasonable setback from the 103rd/Iverson intersection. ) C: Joe Bettendorf, SEH Dick Taufen, City ofSt. Joseph · X\S\sljoe\041200\corr\M-jweyrens prelim plat 070104,doc Short Elliott Hendrickson Inc., 1200 25th Avenue Soulh, P,O, Box 1717, SI. Cloud, MN 56302~1717 SEH is an equal opportunity employer I www.sehinc.com I 320,229,4300 I 800.572.0617 I 320,229.4301 fax r~ 0 ~~~~~. SEH MEMORANDUM . TO: Judy Weyrens, City of St. Joseph FROM: Tracy Ekola, P.E. DATE: July 26, 2004 RE: Morningside Acres Second Addition SEHNo. STJOE04l2 14 Stearns County Highway Department submitted plat review comments for Morningside Acres Second Addition. The plat review comments indicate that consideration should be given to construction of a right turn lane and left turn bypass lane or a dedicated left turn lane into the development. Sufficient right-of- way exists to construct the right hand turn lane. Additional right-of-way may be required if a left turn lane is to be installed. Based on this information, SEH recommends a traffic engineer review the need for the subject turn lanes. We propose to have a traffic engineer examine the potential turning movements and will submit our review to Stearns County for final approval. c: Joe Bettendorf, SEH . Dick Taufen, City of St. Joseph Jodi Teich, Stearns County Jeff Miller, Stearns County Mitch Anderson, Stearns County x:\s\stjoe\041200\corr\m-jweyrens-072604 .doc e Short Elliott Hendrickson Inc., 1200 25th Avenue South, p,o, Box 1717, SI. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320,229.4300 I 800,572,0617 I 320,229.4301 fax 07/02/2004 14:52 32025158843201 RAJKOWSKI HANSMEIER PAGE 02 · Vi~kowski Hánsmeier ltd. 11 Seventh Avenue NOf1h ATTORNEYS AT LAW F.O, Box 1433 51. Cloud, MN 56302,1433 .no·251·10;5 Toil Frc,c, 600·445·9617 July 2, 2004 r"x 320·251·5896 Ms. JudyWeyrens r ¡¡jhanill'r~)han,com Clerk Administrator~ City of St. Joseph 25 College Avenue North www.rð}h;:¡n.('om P.O. Box 668 St. Joseph, MN 56374 RE: Preliminary Plat/Special Use/PUD Momingside Acres, Second Addition Our File: Dear Judy: . I have prepared this letter with regard to the Momingside Acres, Second Addition Preliminary Plat, Special Use and PUD application which is being considered by the Planning Commission. - F'''nk ), RiljkoMki" I will defer to Joe Bettendorf with regard to issues related to proposed streets, traffic (.,,'don H. Hðnsrnel8r pattern, utility service, and drainage/erosion control issues. As I have not been provided r-,,!d~"I{k L. GnJr)ke with sheets A-OJ - A.O.3 and A1.0 - A7.2, I will defer to the building inspector's I hom~~ G. JovanOVlch- comments on the adequacy of parking spaces, landscape plans and proposed lot density and lot coverage ratio. From the numbers provided by the developer, the proposed P,wl A. RD¡koW5k,' development appears to meet and exceed ordinance requirements for lot density and lot t(,(\-VÎr'1 F, C"~y coverage_ Wilh"m ), Çil5hmiln Based. on the infonnatîon that has been provided) I have the following comments: Ri(tl...fN W. SOb"lvarro 1. The developer has provided a warranty deed as evidence of ownership of SuSðf\ M, Deç¡e the property to be developed. The developer should provide verification that the deed. has L..Ann.. D, B,"1ish()llki been recorded. ~...r..h l. Smilh-lòrkln 2- The PUD is composed of a mixture of sìngJe family uses and multiple T,oy A, Poel~ family uses. Under Ordinance Section 52.09, Subd. 10, a mixture of residential uses is )('s~l>h M, Blomelðn£J permitted if it does not adversely affect adjacent property owners.. Multiple family .y ), H"\lper1 dwenings are to make up no more than 20% of the tract. According to the developer)s L"\Ir<:,1 ), P\lgh FrunS. J. Fi(jk.(}~ki ðnd 111\11/1'" W SoótJlvÞf7'O ðrc (df'J'1jN~to pra<1irr! ill North DnkoróJ, Gordon H. H{:l}vnt.·J~r 11' NO,'fh OOkl}f( I1t)(1 W':iC:()/hm_ P...v/ A k~¡'I'<)Woki iilnr.l Silliilh I, Sm'tl'/lI W;¡WII)in. ~1I{J Willii'''' ) C;"hlll,m ill $(>(/Ih Diilk()t~, _.... n_ ~ . ' 137/132/213134 14:52 3213251588432131 RAJKOWSKI HANSMEIER PAGE 133 V July 2, 2004 . Letter to Weyrens Page Two figures, 8.9 acres or 41 % ofthe tract will be used. for multiple family dwellings. A variance £rom this provision will be required to approve the PUD. 3. The developer is requesting several "waivers" to setback requirements. Under the PUD ordinance, lots abutting the perimeter must meet the yard requirements of the underlying district, which is R-3, and side yards must be at least 10 feet. Under Ordinance Section 52.19, Subd. 4(b), driveways must be set back 75 feet from wetlands, The developer is also proposing a grade in excess ofthat allowed under Ordinance 54.16, Subd. 3(0). In order to be relieved of these requirements, the developer must obtain the appropriate variances under Ordinance 52.07. 4. I note that there is an outlot A designated in the drawing as a drainage and utility easement. The Developer's Agreement should provide that the land shall be accepted by the City once the property taxes have been paid. 5. In the narrative, the developer states that the developer will be paying cash in lieu of dedicating land for purposes of park dedication, If cash is to be paid, the amount should be detennined. I note that the developer proposes a credit against the park dedication fee for the cost of providing public sidewalk and decoraûve lighting. The City may opt to reccive a combination_of . cash, land and development of land for park use. I do not believe that public sidewalk and decorative lighting qualifies as development ofIand for park use. 6. I note that two areas within the plat are designated as "wetlands." Approval of the plat should be conditioned upon the developer executing an easement to the City and/or development restrictions as necessary to protect the wetland. 7. Final plat approval and execution should be made contingent upon the negotiation and execution of a Developer's Agreement. Prior to execution of the Developer's Agreement, the developer should provide the City with a Title Opinion verifying tile to the property so that we can be assured that the proper parties are executing the agreement and the plat If you have any questions, please feel free to contact me. Very truly yours, SMD/jll . Inspectran Inc. . Memo To: Judy Weyrens, City Administrator From: Ron Wasmund, Building Official Date: 7 rr /2004 Re: Morningside Acres Second Addition Preliminary Plat Review Backqround Sand Companies has submitted a preliminary plat for Momingside Acres Second Addition. The parcel to be developed is located in the NW y.. of the SW y.. of Section 15. It is bounded on the north and west by residents of the Reischl's Addition. The parcel is south of 295th St, east of 103rd St. and west of County Road 121. The plat consists of 30 single family lots and 50 rental townhouse units. . The single family lots will be served by a looped public street off a main east west street in the middle of the plat. The townhouse units will have private access dead end str~ets that are served off the main east west street. Findinqs The 30 Single Family lots all meet the minimum lot size and the minimum lot width at the building setback line. Lot 8 Block 1 is covered more than 60% by a delineated wetland. No construction may occur in the wetland. Wetland mitigation will be required with the current plat configuration. Soil corrections will be necessary. Soil tests will be required for both lots 7 and 8 Block 1 prior to building permits being issued for these lots The access to the westerly group of townhouses scale 570 feet in length with no area provided for the turning around of fire equipment or refuse trucks. This access also has two sharp radii. Emergency vehicles and refuse trucks are forced to back out and negotiate sharp turns. Children and tenant safety is threatened by backing vehicles. A similar condition exists in the easterly set of patio homes. No visitor parking is shown within the townhouse areas. Cars parked in the narrow (25 feet) drive lanes impedes traffic flow and obstructs emergency vehicles. No parking can be allowed in the access drives. Addresses are required to be displayed for emergency response. The long narrow dead end access roads will make effective address display difficult. Hydrant locations within the townhouse areas are located such that fire equipment and personnel must . enter an area that could potentially be involved in fire before a water supply is available. . Page 1 Construction access for this development is going to be off of County Road 121 between two existing homes. Emergency access to these dwellings must be maintained at all times. . The grading plan for this plat shows no specific elevations at the comers or anywhere on the lots. Compliance with the grading plan at the final grade will be difficult to verify with out these grades. Recommendations Revised access with drives looped eliminating the long dead ends should be presented for review before final plat. Dedicated visitor parking areas should be designed into the circulation pattem of the townhouse development. Access drives must be posted "No Parking Fire Lane". Address displays listing the unit addresses should be displayed at the intersection of the public street and the private access roads. The displays should be clearly readable and illuminated for night time access. Additional fire hydrants should be added. The hydrants should be located at the entrance points of the townhouse drives as well as at the ends for flushing purposes. The NPDES required rock construction entrance should be constructed to extend past the property lines of the two existing homes. Add property corner grades to the grading plan for easy reference. . e . Page 2 . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Preliminary Plat Approval- Sand Companies DATE: July 12, 2004 AGENDA ITEM Preliminary Plat and Special Use Pennit - Sand Companies, Momingside Acres PREVIOUS ACTION The Planning Commission conducted a public hearing for the rezoning of Momingside Acres as well as an amendment to the Comprehensive Plan to allow for R3 zoning in Planning District 13. On April I, 2004 the Council accepted the recommendations of the Planning Commission and amended the Comprehensive Plan to allow for R3 in the Momingside Acres Addition as well as rezoning the property a mixed use ofR1 and R3. The process included review of a concept plan. RECOMMENDED PLANNING COMMISSION ACTION . Table action on the Preliminary Plat until after the variance hearing for the design standards. COMMENTSIRECOMMENDATIONS Staffhas spent considerable time reviewing the Momingside Acres Plat. When the concept plan is accepted, the plan is not reviewed for Ordinance Compliance. It is understood that modifications will occur when the final plans are submitted with detail. As you can see in the material you already received, we were still waiting for completed infonnation as late as June 25. When the final infonnation was received, the review indicated that a number of variances will need to be secured. The property is being developed as a PUD which allows for deviation from specific setback and density of the underlying district (see attached Ordinance). APUD does not make any provisions from deviations from Ordinance 54 - Subdivision. Ordinance 54 includes a provision for variance if the design standards cannot be meet. The following variances will be required: Ordinance 52.09 Subd. 10 (See Rajkowski Hansmeier letter #2) Maximum R3 allowed within a PUD Ordinance 52.19 Subd. 4(b) (See Rajkowski Hansmeier letter #3 and SEH Memorandum #9) Driveway distance from wetland. Ordinance 52.18 Sand Companies is requesting deviation from the Park Dedication Ordinance. . Ordinance 54.16 subd 3(r) 2 (See SEH Memorandum #5) Stonnwater Pond Setbacks Ordinance 54.16 subd 4(d) All buildings must front a public street The above mentioned variances will require an additional public hearing and the Planning COITumssion will be asked to consider a special meeting date the last week in July (26/27/28). Review Comments . Joe Bettendorf and myself met with representatives from Sand Companies to review all the comments received. During this meeting many of the outstanding items have been resolved. Please find below a summary of meeting. ENGINEERING - SEH Memorandum dated July 6, 2004 · Sand Companies does not intend to construct the sidewalk connection from 29Sth A venue to Iverson Street. This was a requirement of the Park Board and Ordinance 54.18 requires developers to connect to the trail system. (#1) · The roads indicated within the R3 portion of the development will not be public roads, they are driveway and an internal road system, As such they will not be named. (#2) · The City has not received approval from the Steams County Engineer or Steams County Environmental. The Steams County Environmental Board tabled action on the plat to gather additional information regarding the wetland. It is anticipated the Board will submit comments on July 21,2004. With regard to the County Engineer, the City Office will contact the Highway Department to request a status on the request. (#3, 8) · Engineering Design Issues (#4, 6, 7, 10, 11) will be resolved during design LEGAL - RajkO\vski Hansmeier Letter dated July 2, 2004 · The comments # 2,3,5 have already been addressed in this memo and will need to be resolved through the variance process. The remaining items will be resolved with the execution of the . Development Agreement. BUILDING INSPECTION - Inspectron Memo dated July 7, 2004 (please refer to the Recommendations) · I have attached a revised site plan which addresses the fire access. Due to the grade of the property, it is not possible to provide an additional access near 103rd, however, the Developer has revised the plan to include hammerhead where the access is requested. The hammerhead allows the truck to backup and turn around. This compromise will be provided to the Fire Chief and Building Official for comment. The other access requested has subsequently been added. · Parking areas and fire lanes will be marked and maintained. · Sand Companies will place the address signs as requested · Upon further review of the plan, the Building Official has concurred that sufficient hydrants area available therefore this comment can be dis-regarded. · The preliminary plat will be resubmitted to include the property comer grading plans. · When the Plan was reviewed by Inspectorn, we did not have the information needed to verifY density. Therefore, Ron had to make some assumptions and during the review it appeared as they exceeded the maximum density. During the meeting on Thursday, Sand Companies agreed to provided the additional data and provide the density calculations. They were received by the City the same day and reviewed by Ron. He concurred that based on the new information the proposed development falls within the density requirements. The calculations are attached for your reVIew . . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Sand Companies - Variance Requests, Preliminary Plat Approval DATE: July 26, 2004 AGENDA ITEM Sand Companies - Variance Requests and Preliminary Plat Approval PREVIOUS ACTION The Planning Commission on July 12,2004 conducted the public hearing for the Preliminary Plat entitled Momingside Acres. During review of the plat it was determined that a number of variances were needed including setback from a wetland, driveway distance from a wetland, allowing a building fronting a private driveway and a rear yard setback. The rear yard setback was needed as the plat is no longer being developed as a PUD. The property is being developed under straight zoning regulations. Inaddition to the variances, the City has not received the required approval letters from Steams County Environmental Service and the Steams County Highway Department. At the time of writing this memo I have not . received written correspondence from either agency, but will have information for the meeting on Monday night. RECOMMENDED PLANNING COMMISSION ACTION Accept the resolutions granting variance and recommend the Council approve the preliminary plat. COMMENTSIRECOMMENDATIONS Sand Companies will be asking the Planning Commission to approve the final plat at this meeting as well. This decision is up to the Planning Commission. If the plat is complete and you are satisfied with the information you could also approve the final plat. If you chose to wait and have the all final documents before approval you will be meeting again on August 2, 2004 and final plat could be completed at that meeting. . Attachment: Yes orNo REQUEST FOR PLANNING COMMISSION ACTION Sand Companies - Preliminary and Final Plat DATE: August 2, 2004 AGENDA ITEM Sand Companies, Preliminary / Final Plat - Morningside Acres PREVIOUS ACTION The Planning Commission conducted the public hearing for the Preliminary Plat on July 12,2004. Since the City had not received notice from the Stearns County Engineer or Environmental Services Board, action on the plat was tabled to July 26, 2004. The City received a letter from the Stearns County Highway Engineer that requested consideration be given to turn lanes on County Road 121. The letter from the County was received the same date of the Planning Commission meeting so the concerns could not be addressed. Since the meeting on July 26, 2004 Joe Bettendorf and Tracy Ekola have made arrangements to complete a traffic study to determine if turn lanes are warranted. The traffic engineer cannot do the study until Monday. Therefore, information will not be available at the Planning . Commission. Joe and Tracy will be meeting with representatives of Sand Companies and Mitch Anderson before the Council meeting on August 5, 2004. RECOMMENDED PLANNING COMMISSION ACTION Since Sand Companies wish to move forward and not be delayed until the next meeting, it is recommended adopt the Resolution of findings recommending the Council approve the preliminary and final plat for Morningside Acres with the contingency that the recommendation of the traffic engineer must be incorporated in the improvements for the mixed density development. If Sand Companies does not agree to the traffic engineer study and will not incorporate the fmdings in the design, the plat must be routed back to the Planning Commission for further consideration. COMMENTS/RECOMMENDA TIONS . . ,- 10119 29STH St. . St. Joseph, MN 56374 July 22, 2004 St. Joseph Planning Commission St. Joseph City Hall PO Box 668 St. Joseph, MN 56374-0668 Re: Request for Variance Special Use Permit Sand Companies Dear Commission Members: We are unable to attend the public hearing on the above-referenced request set for July 26, 2004. There are several concerns we want to bring to the Commission's attention. We vehemently oppose ANY variance regarding ~he ordinance dealing with holding ponds. The topography of the area is such that there will be significant amounts of . water, whether storm or snow melt run-off that will end up in the area in question. Additionally, there are substantial amounts of clay in the soil throughout the entire neighborhood. Our property has some areas where you hit solid clay at 12 inches and we haven't had any water problems compared to some of our neighbors. There is no reason this development should not provide the pond or basin as required and it should be on a separate outlot as required. The Commission should be well aware of the potential drainage problems in this particular area and should make sure that all the ordinances are followed to the letter. While a variance may be in order in some situations, it certainly is not in an area where you already know there will be drainage problems. If you require this development to follow the ordinance requirements at least some of the problems may be minimized. As far as the requested variance of the one-foot freeboard contour above the high water level it should also be followed as it also ties in with the drainage issues. It is unclear from the information we were provided where the requested variance for the rear yard setback applies. If it is on the North, East and West of the field directly behind our home we object to the variance. Again, our neighborhood is one of large treed lots. Bringing the new homes in closer will affect our enjoyment of our property. If there is not sufficient land to comply with the ordinance regarding setbacks there are too many units planned for the development. In that case the developer should amend their plan to comply with the setback requirements. Putting . in a new development should not require the Commission waive such requirements at . the' expense of existing homes. There is a valid reason for the ordinance requiring the setback from wetlands. If you look at where this development is going, it is again at the bottom of a hill where the water flows from areas with high levels of clay in the soil. The existing wetlands should be protected at any cost as they are necessary for nature's own water management plan. There are animals and birds that rely on these wetlands for their survival. Again, if there is not sufficient room to provide the driveway setback from the wetlands the developer's plan should be amended. We have been impressed with this developer's willingness to work with our neighborhood. However, because of the topography of this site we strongly urge the Commission to require that all setback, wetland and frontage requirements. Thank you. ~relY' ¿ VJt¡y1 tL-t ' . 0)'1/'ì rl1c Thomas F. Homan /1 (,'ì d I l~~Ut~~JYFlaJ"-- . Rose Ann K. Homan . I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION City Engineer Reports DATE: August 5, 2004 Engineering Joe Bettendorf ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Water Distribution System Presentation PREVIOUS ACTION None . RECOMMENDED COUNCIL ACTION Information Only FISCAL IMPACT None COMMENTS/RECOMMENDATIONS We will present our findings on the City's water distribution system at the Council Meeting scheduled for August 5, 2004. The agenda for the presentation is attached. G:\sccv\pers\bettIBLANK REQ FOR COUNCIL ACTION,doc . Presentation Outline City of St Joseph . Water Distribution System August 5, 2004 AST JOE0406.00 Introduction Scope of the Study Piping and Storage Review Projected Demands Planning Area Follows Orderly Annexation Plan Projected Demands Review of Previous Study Relative to Piping and Storage Storage Existing System . Sizing for Future Location of Future Storage Short Term Long Term Distribution Existing System Model Calibration Elevation/Pressure Considerations Future Trunk Mains Recommended Capital Improvements Storage Distribution . Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION City Engineer Reports (b) DATE: August 5, 2004' Engineerin~ ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Bid Opening 16111 Avenue SE PREVIOUS ACTION The Council ordered the improvements for the extension of water and sewer services to four properties abutting ·16111 Avenue SE. The project has been advertised with bids being opened on Tuesday. Joe will provide the Council with the bid summary at the meeting . RECOMMENDED COUNCIL ACTION Adopt Council Resolution accepting the bids and awarding the contr&.ct. The resolution follows for your convenience FISCAL IMPACT COMMENTS/RECOMMENDATIONS . CITY OF ST. JOSEPH CC RESOLUTION 2004- · RESOLUTION ACCEPTING BID -16th Avenue.SE WHEREAS, pursuant to an advertisement for bids for the improvement of four properties abutting 16th Avenue SE by installing water, sewer, street, curb and gutter, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertising requirements. AND WHEREAS, it appears that of is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with of in the name of the City of St. Joseph for the improvement of four properties abutting 16th Avenue SE by constructing water, sewer, street and curb and gutter improvements according to the plans and specifications therefore approved by the city council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the council day of ,2004. · Larry Hosch Mayor Judy Weyrens City Administrator · I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Administrator Reports (a) Safe Shred - Development Agreement DATE: August 5, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Development Agreement - Safe Shred PREVIOUS ACTION The Planning Commission considered the development plan for Safe Shred. The development includes a 12,000 square foot facility with part of the building leased to a second tenant. The building meets or exceeds the Ordinance requirements. There are a couple of outstanding issues: 1) the property was subdivided after utilities were installed and the subject property does not have water and sewer stubs. The property owner was aware ofthis at platting and moved ahead anyway. The City Engineer has some thoughts as to how we can provide services. Regardless we will provide service. . Due to the scheduling of meetings the EDA has not reviewed this plan for covenant compliance. They are scheduled to meet on August 10, 2004. Since the Planning Commission is not meeting again until September, we did not want to h9ld back the developer as they are looking to begin construction as soon as possible. As staffwe would like to point out that the application submitted was one the most complete applications we have ever received. The developer received one of the City Development packets for Industrial Property and completed aU the forms and foUowed aU the directions. Everyone picks up a packet but very seldom do they foUow the directions. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Safe Shred. Approval should be contingent upon the foUowing: I) Review and recommendation of the EDA; 2) Agreement on the location and extension of utilities FISCAL IMPACT - COMMENTS/RECOMMENDATIONS - SAFES----- U·.~ - ~ --- -- - -- . II ~iL~ .-. .-. ~ .--.~ ..-- "CONFIDENTIALITY IS OUR BUSINESS" . July 29,2004 Safeshred P.O. Box 135 Sartell, MN 56377 Safeshred has been in business since 1997. Safeshred is a confidential paper shredding and recycling service serving all of central Minnesota. Safeshred currently leases space in northeast St. Cloud. My wife- Elaine and I, Jeff Ramler currently operate the business along with two part time employees. We purchased three acres in the Buettner Business Park in February of 2003. The property is described as lot one, block two of Buettner Business Park two. . Safeshred is proposing a 12,800 square foot precast building on the property described above. The current plan is for Safeshred to occupy approximately 7000 square feet. The remainder will be leased as industrial warehouse/ storage space. Future plans are for Safeshred to occupy the entire building. The building will include approximately 750 square feet of climate controlled office space and the balance used as warehousing. Safeshred collects confidential information :/Tom business, transports the documents back to the facility where the documents are shredded, baled and shipped via a semi trailer to a mill where the paper is recycled. There are no chemicals used in Safeshreds process and noise is very minimal and probably nonexistent thru precast walls. Future plans include offering a service to people that have a very minimal amount of confidential information they would like destroyed such as tax records. Safeshred would allow these people to drop off their records at my location for destruction. We feel that this property is in an excellent location in a growing community with easy access to interstate 94. We look forward to being a part of St. Joseph. Thank you, Jeff and Elaine Ramler . I Attachment: Yes or No I · REQUEST FOR PLANNING COMMISSION ACTION Development Plan - Safeshred DATE: August 2,2004 AGENDA ITEM Development Plan - Safe Shred, Jeff Ramler PREVIOUS ACTION None. RECOMMENDED PLANNING COMMISSION ACTION Approve the Development Plan of Safeshred and recommend the Council authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Safeshred to construct a 12,800 square foot facility. The approval should be contingent upon the EDA accepting the plan as it relates to the protective covenants of the Buettner Business Park. · COMMENTS/RECOMMENDA TIONS The Utilities for this site are problematic as the property was subdivided after the utilities were instaJJed. This lot does not have water and sewer stubbed to the property, but it is available. A 10 inch water and sewer line are located in 15th A venue. The City does not like to cut into roads for utility extensions, especially new roads. Therefore, we are researching the alterative of aJJowing two businesses to connect to one 6 inch water service. Inspectron along with the City Engineer are working on this matter. The property wilJ receive services it is just a matter of how. With regard to the exterior fmish, the Ordinance states that c) Building Exteriors. AJJ construction of new facilities shaJJ consist of pre-cast or cast tip up concrete waJJs, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8") above the final grade, and stick built construction. Pre- finished architectural metal panels, with a minimum tvventy (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in lace concrete buildings shaJJ rovide aSi uch adornment as is ossible considering their exterior finish limitation . The property owner is choosing to use landscaping for adornment in the front of the building. As you can see from the plan, considerable landscaping is provided. · AP,PLICATION;FORPLANNIN,·G :CON:S'ID,ERATtON CITYO'F ST. JOSEPH . 25 College Avenue NW ~:~d$. ,P. O.Box668 Receipt # Date St.Joseph,MN 56374 (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA) )SS COUNTY OF STEARNS) NAME: J<t.,.Çç 12C1\~ \.e..r PHONE: '32..0 "2.4-0 09~O ADDRESS: ,l' 3£1> s-r. ,J . 5A'2.. T£' J. J "^~ !i(o" 71 IflNe, the undersigned, hereby make the following application to the City Council and Planning Commission of-the City of St. Joseph, Steams County, Minnesota, (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): 1. ,Application is hereby made for: (Applicant must check any/all appropriate items) _ Rezoning ~ Zoning Ordinance Amendment _ Home Occupation Permit '-.-:- SuifaceWaterManageme~t Plan (Grading Permit) _ PUD _ Building Mover's Permit _ .. --:- Building Moving - Owner's Permit ~ Development Plan ~pproval _ Other, please specify: '. 2, Legal d~scription of land to be affected by application, including acreage or square fo'otage of land involved, and street address,ifany: ~()í ~ þ i3Lðé.K ~ I 'Bu.errNEIe 8U~/N&"S'5 P-+RK;l- "S1'. ;JÒ-Slf PJI ~ l'1'; . , , 3. Present zoning of the above described property is: L - :1. L.. "/~ IIr nJnù~.,..~ I.A-L 4, Name, address and phone number of the present owner of the above described land: ..1 err RAM L f3f:.. 5. Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above described land or proposed improvements within one year after issuance of permit applied for, if granted, are,:- ' 6. Attached to this application and made a part thereof are additional material submission data requirements, as indicated. ApplicantSignatur~ ~---f Date: /~ ¡' ~~ ;:f Owner Signature: <...~_ .~./ Date: '//"'~,,' / ' ~ \j -- \ r -::.: I FOR OFFICE USE ONLY DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Aetion: _ Recommend Approval _ Recommend Disapproval Date of Action: Date ApplicanUProperty Owner notiÍÍed of Planning Commission Action: Gity Council Action: _ Approved _ Disapproved Date of Action: . Date. ApplicanUProperty Owner notified of City Council Action: . Date: July 29, 2004 From: Dick Taufen, Director of Public Works Re: Safeshred Comments My comments on the Safeshred project are as follows: " City Utilities " a, City Water, no stub to property b, City Sanitary Sewer, no stub to property c. City Storm Sewer Overflow, no stub to property 2. Recommended Sizes a. City Water - 6" Ductal Iron (10" water main) b. City Sanitary Sewer - 6" PVC (10" Sanitary Sewer main) c. City Storm Sewer - 6"-8" PVC (24" Storm Sewer Concrete) 3, Location of Services . Line them up with the driveway on the north end of the business. City water is located on the opposite side-of 15th Avenue NE. Sanitary Sewer is located is the middle of 15th Avenue NE and Storm Sewer is located on the same side as the business is. 4. Approximate Depth a. Water - 8' deep b. Sanitary Sewer - 12' deep c. Storm Sewer - 5' deep To install this will require a street opening from side to side, 4-5 feet wide, replacement of concrete 3" blacking 3". The business located south of this will have to have the water shut off during the time of the water main tap. Wet tap would be the best option, but spendy. . Inspectron Inc. . Memo To: Judy Weyrens, City Administrator Planning Commission Members From: Ron Wasmund, Building Official lee Gladitsch, Building Inspector Date: 7/28/2004 He: Site Plan Review for Safeshred Proposed Building We have reviewed the site plan and building elevations for the proposed building housing Safeshred for compliance with Zoning Ordinance Sections 52.10 and 52.33. We found the plan to be significantly compliant.. The following items need further response or clarification: Item . 1. 52.33 Subd. 9 (p) requires a Lock Box, this item is not indicated on the submitted plan. 2. 52.33 Subd. 10 0) requires screening of heating, ventilation and air-conditioning equipment. TtlëSë itëmS Wëre nôt löëätëd on thë plan. Wëre Will thè'ÿ bë lôëätëd and tiöW Will ttiëÿ bë screened? 3. 52.33 Subd. 10 (m) requires utility locations to be identified. 4. 52.10 Subd. 3 (k) requires curb cut openings to be 5 feet from side property line, the curb cut shown extends beyond property line. 5. 52.10 Subd. 5 (1<) requires a 26 foot wide aisle width and a 24 foot is shown on the plan. . . Page 1 Project: Safe Shred Determination: --...:L COMPLETE - INCOMPLETE Developer: DM Building Site Plan submitted: Date Reviewed: Page 1 of 3 . City of St. Joseph Required Material Submission Development Plan Applications Completed applicalions for Development Plans and required fees shall be submitted the City of St, Joseph Zoning Administrator at least 10 days prior to the proposed date of consideration by the City, The ten days allows the City to review the application and forward the application to other entities for review when required, Only completed applications will be accepted, It is the applicant's responsibility to submit required materials, If an application is determined to be incomplete, notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following submission of the application, REQUIRED MATERIALS - The applicant shall provide the following: Requirements Complete Comments 1 Is the proposed use a permitted use YES NO St. Joseph Code of Ordinances 52,28 subd. 2 (t) Warehouse/distribution facilities are permitted 2 Lot Area - Minimum Requirement (1 acre) YES NO The proposed site is 3 acres, exceeding the minimum 3 Setback Requirements a) Front Yard - 30 feet from the lot line YES NO The front yard is setback approximately 118' b) Side Yard - 25 feet from the lot line and must be YES NO The building is setback approximately 120' on the sideyards landscaped if abuts any roadway, c) Rear Yard - 20 feet YES NO The rear yard is setback 141,71' . - 4 Height Requirements - Maximum height 55 feet YES NO The proposed building is 25 feet in height. exceeding the minimum requirements 5 Site Coverage - No structure may cover> 50% YES NO The structure is 12,800 covering approximately 10% of area 6 Parking Lots - paving stones, concrete, bituminous YES NO The driving areas and parking lot to the front of the building is asphalt Industrial areas may have class II if approved by PC and indicated on the plan. The area extending to and including the loading area is proposed to be Class 2, crushed granite which is consistent with the Ordinance and past practice, Concrete aprons will be provided. 7 Loading Docks - Loading docks must be 10' x 50 YES NO Four loading docks are iilustrated on the rear of the buiiding and they meet the requirement. 8 Exterior Requirements - YES NO Gray precast concrete, Adomment requirement is not mandatory with this type of construction, However, he is using landscaping as adomed, 9 Statement of Development - The development plan must include a statement concerning the specific nature of the use to which the property is to be put and include YES NO See Attached, certification that the proposed use shall comply with ail regulations, ordinances or special provisions that apply, e Project: Safe Shred Determination: -.:L. COMPLETE - INCOMPLETE Developer: DM Building Site Plan submitted: Date Reviewed: Page 2 of 3 - Landscape Plan NO 11 Screening of HVAC NO Landscaping 12 Lighting YES NO Will provide detail at building permit application, 13 Curb Cut NO See Plan - May need to be modified, 14 Landscaping - A unified parking plan must be submitted I~~ NO See Plan 15 Development Plan a) Building Location on the lot drawn to size NO b) Building elevations; front, rear, side NO c) Building Exterior material and color NO d) Locations of ingress/egress NO e) Dumpster/solid waste areas screened NO . Sign Location and dimensions YES Dimensions not available at this time, g) Lighting Standard and hood detail YES h) Parking and loading areas defined NO i) Drainage by the use of arrows and/or contours NO j) Screening of HVAC Equipment NO k) Landscaping material including the location, type, size NO I) Fire hydrant and fire lane locations NO m) Utility Locations YES NO Coordinating with engineer n) Fencing/sereening/accessory buildings identified YES NO N/a 0) NPDES Permitting requirements fulfilled YES NO Will submit with application. p) Compliance with state and federal guidelines including, NO but not limited to glare, smoke, dust, odors, and noise, q) Required fee NO 16 Signage - Each individual business is allowed one sign not to exceed 50Square feet and the site is permitted an additional free standing sign not to exceed 100 square NO The monument sign will not be installed at this time. feet. . Parking - Manufacturina, fabricatina or processina of a product or material. warehouse, storaqe,handlinq or bulk aoods. post offices. At least eight (8) spaces, plus Project: Safe Shred Determination: ---.::L- COMPLETE - INCOMPLETE Developer: DM Building Site Plan submitted: Date Reviewed: Page 3 of 3 . one (1) space for each two (2) employees on each shift YES NO 26 spaces are required, based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of fioor area, . e . CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of July, 2004, by and between Jeff Ramler, hereinafter called "Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WITNESSETH: .- WHEREAS, the Developer is the owner of a certain real property located within the City limits which is legally described as Lot 2, Block 1 , Buettner Business Park 2, according to the plat thereof on file with the Stearns County, Minne'sota Recorder (the "Property"); and WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto ("Development Plan"), which describes the construction project and related facilities ("Project") the Developer proposes to construct on the Property; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL 1.1 Requèst for Development Plan Approval: The Developer has asked the City to grant final approval of the Development Plan for the Project to be constructed on the Property. 1.2 Conditions of Development Plan approval: The City, after requisite notice and hearing, has granted final approval of the Development Plan subject to the terms and conditions of this agreement. 1.3 Scope of Aqreement: This Agreement, and the terms and conditions hereof, apply only to the Project. This Agreement does not obligate Developer to . construct the Project, but Developer must comply with the Agreement if it goes forward with the Project. If Developer elects or is unable to go forward with the Project, or chooses not to rebuild the Project after a fire or casualty, it may . propose to the City a new project or development for the property, subject to the regulations then in effect for development approvals, and the Agreement shall not apply in any manner to such a new proposal. 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the escrow required in section 3.12 to secure performance of the Developer's landscaping obligations has been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and constructed on the Property as shown on the Final Site Plan prepared by Mahler & Associates Architecture dated 7/20/04 (referred to in Exhibit A) (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. 3.2 BUILDING STRUCTURE: 12,800 ft2, Gray precast concrete building, 25'4" tall, one story. 3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be . constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. - 3.4 SITE PREPARATION: The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary. 3.5 BUILDING ELEVATION: The proposed building(s) will not exceed the building elevations shown on the Development Plan. 3.6 BUILDING EXTERIOR: The building exterior shall consist of the follow: · Exterior Finish - Gray Precast Concrete · Overhead Doors - White · Building Entry - Dark Bronze · Access Doors - Gray Any changes in the exterior materials shall require final approval by the City Planning Commission. 3.7 INGRESS/EGRESS: Vehicular access to the Property shall be as shown on the Development Plan, dated 7/20/04, and referred to in Exhibit A. 3.8 SIGNAGE: Signage shall consist of the follow: e a). One monument sign not to exceed the maximum allowed as stated . in the St.· Joseph Code of Ordinances52.33. The sign shall be located as illustrated in exhibit A. b). Each tenant shall be allowed one wall sign not to exceed 50 square feet. 3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line. 3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 26 off street parking spaces, including 2 handicapped spaces and loading area(s), as shown on the Development Plan. The parking lot shall be constructed with a hard surface consisting of asphalt or a similar surface material apprOved by the City Engineer. 3.11 GRADING/DRAINAGE: The final drainage plans must be approved by both the City Engineer and the County Engineer. The holding pond constructed by the Developer for this project shall remain a privately owned and maintained holding pond and the City shall not have any responsibility for improving or maintaining such. 3.12 LANDSCAPING/FENCING/SCREENING: As directed by the landscape design, the Property will have a minimum of 5 trees and 25 shrubs. The vegetation shall be planted as shown on the landscape design. All lawn sodding and other landscaping shall be substantially complete by the "Completion Date" (See Sec. 3.20). Developer shall post $3,000 in escrow/letter of credit with the City to ensure compliance with the landscape design requirements under this Section. The escrowed funds shall be released to the Developer when the landscaping . has been installed. The HVAC equipment, dumpsters and off-street parking shall be screened from view as shown on the Development Plan. The City may inspect the Project to ensure tbat all required vegetation, fencing, and screening are installed. 3.13 FIRE HYDRANT/FIRE LANE: As shown on the Development Plan. 3.14 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with all plans approved before application for a building permit. 3.15 ADDITIONAL IMPROVEMENTS: None 3.16 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. 3.17 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City Code and statutory requirements. 3.18 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement, obtained any necessary easements and provided the City with a copy of the easement documents, and submitted any additional information as directed by the City Engineer. 3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City . building codes. 3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit . within one year of the execution of this agreement. Failure to apply within the one-year period, shall render this agreement null and void. The improvements shall be substantially completed by the first (1st) anniversary of the date the building permit for the Project has been issued to Developer, and no later than the second anniversary of the execution of this agreement, subject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of Developer (the "Completion Date"). 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, that Developer's interest in the Development is fee owner. 4.2 BindinQ Effect on Parties and Successors. The terms and provIsions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property and/or Project and all recording fees shall be paid by the Developer. If the Property and Project are sold or conveyed to a third party, and the third party, in a writing satisfactory to the City, takes and assignment of, and agrees to assume the obligations of the Developer under, this Agreement, the prior owner/transfer will, from and after the effective date of the assignment and assumption, be released from any further obligations under this Agreement; provided however, . that in no event will Jeff Ramler be released from its obligations under this Agreement prior to the City's issuance of a certificate of occupancy for the Project. 4.3 Notice, Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows. If to the City at: City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 If to the Developer at: Jeff Ramler Safeshred PO Box 135 Sartell, MN 56377 4.4 Incorporation of Documents by Reference, All of the Development Plan documents identified in attached Exhibit A are incorporated by reference in this Agreement. 4.5 License to Enter Land. The Developer hereby grants the City, its agents, e employees, officers and contractors a license to enter the Property to perform inspections deemed appropriate by the City during the development of the Property. . 4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City and appropriate certificate of compliance. The Certificate of Compliance shall be in recordable form and shall constitute prima facie evidence that the Developer has performed its duties and obligations under this Agreement. 4.7 AssiQnment. At any time before a Certificate of Compliance has been issued, this Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 4.8 InteQration. This Agreement contains all of the understandings and agreements between the parties. This agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may not be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4.10 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to . this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal advisor prior to the execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the Development Plan, unless according to their terms are intended to terminate earlier. 5.0 DEFAULT AND REMEDIES 5.1 Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 5.2 RiQht to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 5.3 Remedies. If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all or any combination of the following: a. halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development - Property; ~ b. seek injunctive relief; . c. take any other action at law or in equity which may be available to the City. Effective as of the day and year first written above. CITY: ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Larry Hosch City Administrator Mayor DEVELOPER: Safeshred LLC By Jeff Ramler By Elaine Ramler . STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 2004, before me, a notary public within and for said County, personally appeared Larry Hosch and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public . STATE OF MINNESOTA ) )ss . COUNTY OF STEARNS ) On this day of , 2004, before me, a notary public within and for said County, personally appeared, Jeffrey and Elaine Ramler, the respectively of Safeshred LLC, the Developer named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public . . League of Minnesota Cities 145 University Avenue West, St. Paul, MN 55103-2044 · L-ewz of Mirmesoúz C;&u (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 · TOD: (651) 281-1290 Citiu promoting ...-llm."" www.lmnc.org July 23, 2004 Dear Chief Appointed Official: As you likely have heard, Governor Tim Pawlenty announced at a press conference yesterday that he has agreed to certify the 2005 Local Government Aid (LGA) distribution based on legislative intent. He had one stipulation - that the League of Minnesota Cities (LMC) and other groups that represent cities in Minnesota àgree to urge our members not to take legal action against the state to dispute this legislative intent interpretation of the law. Yesterday afternoon, the LMC Executive Committee acted on behalf of the LMC Board of Directors and responded affirmatively to the Governor's request. We know that we cannot make commitments on behalf of your city, but for the common good of the city community, we urge all cities to support legislative intent. We will also be pressing legislators to address the technical issue that created this situation as soon as possible in the 2005 session. The Executive Committee took this action in keeping with the LMC Board's unanimous decision in June to urge the Governor to distribute the 2005 LGA dollars based on legislative intent. The Board took this · position understanding that a letter-of-the-law interpretation would have redistributed LGA dollars to the advantage of some municipalities and to the disadvantage of others. The Board weighed this difference in impact within the League membership very carefully. They determined that many statements and actions by legislators made it clear that the law as it stands does not represent what was intended - a technical error was made. The Board also felt that while some cities would have potentially received an unexpected, likely one-time, windfall ftom a letter-of-the-law interpretation, there was a slim chance that this extra aid would ever materialize. On the other hand, those cities that stood to lose a great deal of aid under a letter-of-the-law interpretation would have a harder time budgeting and setting levies based on legislators' promises to fix the issue next session. The Board believed that there was a need for both advantaged and disadvantaged cities to have greater certainty during their budget process in regard to the 2005 LGA distribution. In closing, we want to encourage you to consider thanking Governor Pawlenty for resolving this issue in the short-term and eliminating the confusion and complications it raised for this fall's city budgeting processes. If you have any questions or concerns about this issue, please contact Executive Director Jim Miller Gmiller@lmnc.org or 651.281.1205) or Intergovernmental Relations Director Gary Carlson (gcarlson@lmnc.org or 651.281.1255). While they will be on the road at our Regional Meetings, they will be sure to follow up with you. Sincerely, 4-/ ff/-/ RECEIVED JUL 2 (» 2004 · Mark V oxland Mayor, City of Moorhead CITY OF ST. JOSEPH President AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER . VRajkOWSki · 11 5evenlh Avenue North ~~~~~~~~J Ud. P,O, Box 1433 July 13,2004 5t, Cloud, MN 56302,1433 320-251-1055 Ms. JudyWeyrens Toll Free 800,445-9617 St. Joseph Administrator/Clerk 25 North College Avenue Fax 320-251-5896 St. Joseph, MN 56374 RE: Statutory Changes rajhan@rajhan,com Our File No. 23426 \v\vvIrajhan.com Dear Judy: This letter is to advise you of some recent statutory changes which will affect your city's sale and purchase procedures. During the 2004 General Session, the legislature passed an act amendingMinn.Stat. 429.041, Subdivisions 1 and 2, Minn.Stat. 469.015, and Minn.Stat. 471.345, the effect of which is to raise the competitive bidding threshold for all cities to $50,000. Prior to this enactment, cities with a population ofless than 2,500 · were required to go through the competitive bidding process for contracts of $35,000 or more. This amendment also raised the perfonnance and payment bond requirement threshold from $35,000 to $50,000 for all cities. Frank J. Rajko\AlSkí .. In addition, the legislature has adopted new provisions which authorize cities to use Gordon H. Hansmeier electronic auction services for the sale of surplus or obsolete supplies, materials and Frederick L. Grunke equipment, Minn.Stat. 471.345 Subd. 17. Cities may also purchase supplies, materials and equipment by use of a reverse auction via electronic means. Minn.Stat. 471.345, Thomas G. Jovanovich e Subd. 16. Paul /1.. Rajkowski' Kevin F. Gray All of these changes went into effect on May 30, 2004. William J, Cashman If you have any questions about these new changes, please feel free to give me a call. Richard V;,,. Sobalvarro Sincerely, Susan M. Deg2 Le.G.nne D. BartishOTski RAJKOWSKI 1ìA.1iS~IER LTD. -1 i Sara~ L. Smith-Larkin "/ i 1 ' A Tro'-_- i.e.. POC;E f¡.;" 10se00 ¡-'.<. Brorne¡a!è( By /' ---. Thomas G: J ovãnovich f · Gregory J. Haup2!c TGJ/jrk laurel J. Pugh ;:rank f F?afl:()~·.s:~i a,-d Rj~:~~-: ~'~.;~'~~~:;~;:~;~r;?~::;~tt;~¡~~ Dr<~~:/;~~:~;:o~~~I~~;;~~:; ~.o~;'~;,~:;!~~;;-~~~~~~;-~!_~:'~;h D¿j~;c\2- ar>~¡ ~ '/:SCO~7S;, MIKE DEUTZ . P.O. BOX 634 ST. JOSEPH, MN 56374 320-363-4953 -Z7L-- June.Y7,2004 City of St. Joseph P.O. Box 668 St. Joseph, :J\1N 56374 To Whom It May Concern: Please be advised that I wish to tender my resignation effective immediately from the EDA and Planning Commission, due to personal reasons. I feel that I can . better serve the community in other areas other than by being a board member. Thank you for giving me the opportunity to try and make a difference in this community. Sincerely, ()~ -~ Mike Deutz . ~. . MUNICIPAL DEYELOPMEN1 GROUP. INC. DATE: July 28, 2004 MEMO TO: Mayor Hosch, City Council Members, City Administrator Weyrens '"1tlA F t L~ FROM: Joanne Foust & Cynthia S· th-Strack, Municipal Development Group RE: Economic Development Activity Report - July, 2004 Municipal Development Group, Inc. has been interacting with a number of prospects throughout the past two months. Following is a summary of activities that have transpired. If you have any questions on any of these or other projects, please do not hesitate to contact us at 952-758-7399. A project number has been assigned to protect the confidentiality of the businesses prospects. Project 01·E: This project involves the expansion of a service within the community. MDG has been keeping in touch with the project contact over the past two years. Interest in various sites has increased over the past few months. Most recent correspondence occurred on July 21,2004. Project 01·F: . This company has been in contact with the EDA regarding potential sites for a commercial business since August, 2001. MDG has forwarded the contact information on a number of commercial sites, MDG last followed up with the contact on July 21, 2004, Project 01-1: This business originally contacted the City in 2001. In 2002 they noted their project was on-hold. The company most recently contacted MDG on June 18, 2004 requesting information on available commercial sites in the City. MDG forwarded the info. The company is researching sites in St. Joseph and area cities. A follow-up call was placed on June 23,2004 and an email sent on July 14th. Project 02-H: MDG has been in contact with this prospect on several occasions since the Spring of 2002 regarding different projects. The latest contacts occurred on July 12 and 21st regarding commercial properties in the CSAH 75 corridor. Project 02-L: This business constructed a facility in Buettner Business Park for their operations, along with lease space for other tenants. Last contract with the property owner occurred on July 21st. Project 02-R: This company recently purchased land in Buettner Business Park for the construction of a facility in 2005, MDG most recently corresponded with the business contact on June 23 and July 14th and the 21 st. Project 02-AA: This business purchased land in Buettner Business Park in 2003. The property owner has been working with contractor and architect. Site plan review is pending for the Planning Commission on 08-02-04 and the EDA . on 08-10-04, EDA Monthly Project Report - July 2004 Page 1 Project 03-A: . These developers are interested in a large highway commercial development in an area not yet annexed into the City. MDG has been working with them over the past few years. Additional follow up contact occurred on June 18th, 23rd and 24th, A meeting with the Developers was held on July ih. A revised schedule for project approval and portions of the City's development manual were mailed on July 14th with follow up on the 21st. The developers intend to request plat approval in 2004 with construction in 2005. Project 03-R: This prospect contacted the City in the summer of 2003 inquiring about vacant industrial acreage. MDG forwarded information and continues to remain in contact with the prospect. In conjunction with this project, MDG, Inc. last followed up with the owners of industrial property which may be for sale soon on June 30th. Project 03-S: This project involves the possible expansion of the industrial acreage in the community. MDG has been working with the property owners on the project since August of 2003. MDG has been in contact with the property owners and City Engineer. Project activity occurred on June 30th and July 141h. Project 03-U: Inquiry forwarded to MDG on October 1, 2003 regarding a potential commercial development in St. Joseph. MDG followed up last occurred on July 14, 2004. Project 04-B: This builder contacted the city in March of 2004 regarding availability of industrial lots in the city and financial programs to assist with a project. The builder purchased a lot in Buetter Business Park in May of 2004. The property owner has no immediate plans to proceed with building construction at this time. MDG last followed up with the contact on July 21st. . Project 04-D: MDG contacted the owner of industrial acreage within the corporate limits regarding interest in re-subdividing and marketing industrial lots. The property owner expressed an interest in possibly re-subdividing. MDG continues to follow up with the project representative regarding the project, with the latest follow up on via mail on July 141h and phone on the 2ih. Project 04-E: This prospect contacted MDG in April of 2004 regarding demographic and economic development data for St. Joseph. The prospect is considering a leasing commercial retail space in the community. Most recent correspondence with the contact was via mail on July 141h. Project 04-F: This prospect contacted MDG in May of 2004 regarding commercial lease space in the downtown area. MDG met with the prospect several times and most recently corresponded on July 14th. Project 04-H: MDG met with a representative on May 26, 2004 regarding a building in the downtown. Most recent follow- up occurred on July 22nd, The project contact is representing a property owner in the downtown area which has recently gone on the market. Project 04-1: A representative from a local real estate firm contacted the City on June 23rd to request information on available commercial parcels. MDG prepared and em ailed information. MDG last followed up via phone July 21st. Project 04-J: - This pro)ectinvolves a commercial/service development. MDG met with the development representative on July 215 and forwarded demographic, housing start and pending plat information to the contact on July 28th. - EDA Monthly Project Report - July 2004 Page 2 Project 04-L: This project involves the possible expansion of a local facility. Discussion with the building owner occurred . on June 9th and June 28th. Most recent contact via phone on July 14th. Other Projects: MDG completed capital project/equipment review and submitted it to the City Administrator in conjunction with capital improvement program planning, MDG completed TIF reports which are due þ,ugust 1 st, At the EDA meeting on July 21 sf the EDA reviewed the TIF reports and identified potential replacements for the EDA Board Member who recently resignee!, . . EDA Monthly Project Report - July 2004 Page 3 / . Sístersot the. . Order ot Saínt 5enedícf July 19, 2004 ,Mitch Anderson, County Highway Engineer Jodi Teich, Assistant County Highway Engineer Stearns County Highway Engineer 45528 Ave.S Waite Park, MN 56387 William Hanson, Executive Director Saint Cloud Area· Planning· Organization 1040 County Road 4 St. Cloud, MN 56303-0643 Judy Weyrens, City Administrator Joe Bettendorf, City Engineer 25 N College Ave., St. Joseph, MN 56374 Dear Joe Bettenqorf, We wish to thank you for meeting with representatives of the Monastery during the past few months to discuss the collector road in the St. Joseph area. You may already know that the southwest collector . road causes us great concerns. A major arterial road coming through the monastery's campus cuts at the very heart of our lives inSt. Joseph. The monastery is intended as a place of quiet, contemplation, peace, beauty and hospitality. These Benedictine values are at the heart of our lives and work-ourvery purpose. 'Many sisters, students and guests choose our Monastery because of its peaceful, rural environment. The proposed road affects the daily use of our property by over 2000 students, sisters, faculty, staff and guests. The road will create a hazardous condition and truly disrupt our lives. The collector road will also have a negative impact on the environment. One of the monastery's natural areas is the woods. We have a long history of conseNing the land, working with the Minnesota Land Trust and making land available to the city for parks and natural areas of beauty. We have started the process of placing the woods in a conseNation trust, however the natural habitat of the woods· will be seriously affected, even endangered, by another busy road in such close proximity. We will cooperate with the study in order to identify alternatives that avoid our property but still address the needs of the City. The sisters continue to oppose any plan to put the collector road through the monastery land. Sincerely, ~~'O~ RECEIVED Sister Ephrem Hollermann, OSB Prioress JUL 2 2 2004 - CITY OF ST. JOSEPH - Saint Benedict's Monastery 104 Chapel Lane, St. Joseph, MN 56374-0220 Phone (320) 363-7100, Fax (320) 363-7130, www.sbm.osb.org . MEMO TO: St. Joseph City Council and Judy Weyrens FROM: Thomas G. Jovanovich DATE: July 15,2004 ~ RE: Whether City Councilor Park Board Controls Fees from the Cash in Lieu of Land Dedication which is Authorized by Minn. Stat. § 462.358, Suq. 2b FILE: City of St. Joseph - 23426 . ISSUE Does the Park Board or City Council control how the fees received from the cash in lieu of land dedication provisions in plat approval are spent? . SHORT ANSWER The City Council deteimines how the cash in lieu of land dedication fees are spent. DISCUSSION Park Board 'Ordinance (Section 23): The Park Board Ordinance does not address this specific issue. It does, however, provide that the Park Board has the authority to acquire land for park purposes and assert control and authority over that land. The Ordinance lists 10 other responsibilities of the Park Board that relate to its authority to control land which has been set aside for park purposes. The Park Board Ordinance lists four limitations on the Board's power. Section 23.06', Subdivision 3 states that the Board cannot "expend monies not specifically authorized or designated in the budget approved by the City Councilor approved amendments thereto" without authority from the Council. Minn. Stat~ § 412.511 (Park Board Statute): Minn. Stat.§ 412.511 deals with park boards and their authority for controlling park - property. This statute states, "either the park board or the council may acquire landfor park - purposes but the park board shall have full, absolute and exclusive control over all property set . aside for park purposes." Minn. Stat. § 412.531: This statute provides in relevant part that, "for the purposes of carrying out the powers of the park board there shall be established in the city treasury a special fund called a park fund. The council may transfer to the park fund the money it deems necessary for park purposes." Minn. Stat. § 462.358. Subd. 2b (Statutory Land Dedication Reauirements in Subdivision Annroval): This statute governs public land dedication and cash in lieu of public land dedication as part of the subdivision approval process. This statute provides as follows: "regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defmed and outlined in Section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may chose to accept an equivalent amount in cash from the applicant for part or all of the portion to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of the final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained... " . Most discussions regarding the requirement of a land owner to provide land for public open space focuses on the need for park land. However, the Statute is much broader in the type of land a city may require for public use. The City may require the land to be used for parks or for other public purposes such as recreational facilities, trials, wetlands, or other type of open space. Accordingly, it is up-to the City Council to detennine how the land will be used. Additionally, it is up to the City Council to detennine whether cash payments will be made in lieu of the dedication of public land and how those cash payments will be used so long as they are used in a manner consistent with the special fund set up by the municipality for purposes for which the money was obtained. Analysis of Statutes: First, the City's own park board ordinance does not address how cash in lieu of public land dedication is to be used. It does address the Board's authority in determining how land dedicated for park purposes should be used and gives the Board much authority in controlling the land under its supervision. The ordinance goes one step further and specifically prevents the board from spending money for purposes which the Council has not authorized. Based on this provision alone, the City cannot spend any money set aside for park dedication which the Council has not authorized it to spend. Second, the state statutes provide that park boards have broad authority to control land - which has been dedicated or set aside for park purposes. However, there is nothing in these - 2 . statutes indicating that the Board has authority to control,the money gained from public dedication fees. Moreover, Minn. Stat. § 412.531 allows the Council to transfer money to the "park fund" which it "deems necessary for park purposes." The public dedication ordinance requires the Council to place funds received from public dedication in a "special fund." The money in that fund is only to be used for the purposes for which it was obtained. There is nothing in either statute that would give the park board authority to regulate the cash received in lieu of public land dedication. Under §412.531, the Council has the discretion to give the money to the Park Board if it determines that the money is necessary for park purpQses. The "special fund" listed in § 462358 is not the "park fund" listed in § 412.531, and § 412.531 implies that the Council has authority to determine how those funds are expended. That statute contains no language requiring the City to hand over,public land dedication fees to the park fund or any other fund controlled by the Park Board. CONCLUSION Both the ordinance and statutes imply that the Council has the authority to control public land dedication fees, but once those fees are given to the Park Board, the Board has discretion in determining how to spend the money and use the land. . The St. Joseph Subdivision regulations support this conclusion. Section 54.18, Subd.2 and 3 deals with dedication of public land and cash in lieu of public land. These two sections require the owner of property to dedicate a percentage of the subdivided property for "parks, playgrounds, or other public use." Accordingly, it is up to the Council to determine the nature of that public use so long as the public use conforms with Minn. Stat. § 462.358, Subd. b. Those public uses are parks, recreational facilities, playgrounds, trails, wetlands, or other open space. - - 3 DRAFT July 12, 2004 Page 1 of 8 . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 12, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners: Bob Loso, Marge Lesnick, Jim Graeve. Administrator Judy Weyrens. Others Present: City Attorney, Tom Jovanovich, City Engineer(s) Joe Bettendorf and Tracey Ekola, James Fredricks, Steve DeCoster, Tom Matthews, Sue Palmer, Jamie Thelen, Jim Sand, Richard Hennings, Leland Mann, Jerry Barrels, Mary Schroden, Tom & Jane Lowell, Marilyn Ruhr Approve AQenda: Lesnick made a motion to approve the agenda; seconded by Graeve and passed unanimously. Approve Minutes: Loso made a motion to approve the minutes of June 7 and June 21, 2004; seconded by Lesnick and passed unanimously. Public HearinQ - Interim Use Permit - Brian Shields: Chair Utsch called the public hearing to order and stated purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental in an R-1, Single Family Zoning District. The property is legally described as Lot 004 Block 001, Hollow Park. The property is located at 321 Cypress Drive. The request has been submitted by Brian Shields, 321 Cypress Drive, St. Joseph, MN 56374. Brian Shields spoke on his own behalf. He stated that he purchased the home two years ago and he would like to continue renting the home to assist with the house payment. He further stated that since he has owned the property he has made improvements to the both the outside and inside. . Bill Elftering of 329 Cypress Drive spoke in opposition to the proposed Interim Use Permit. He stated that in his opinion there is enough nuisance rentals in that area already. He stated that he has been trying to inform the City that Shields has been rentin9.- without a permit for a while and nothing has been done. Now, all of a sudden the City is allowing him to make application for a rental license. Elfering stated that he does not feel sorry for Shields. If Shields needs to have renters in order to be able to afford the house he should have thought about the payment before he bought the house. Their being no one further to testify, the public hearing was closed. Utsch questioned if their have been any complaints for Ordinance violations on the property described above. Weyrens stated that she is not aware of any police complaints. Loso stated that since there are four (4) parking spaces Sheilds should be granted the Interim Use Permit. Utsch stated that if the Interim Use Permit is granted, this is to be looked at every year. If there are any problems, it will not be renewed. He also stated that he is comfortable with allowing three unrelated tenants. Shields questioned if his girlfriend would be considered one of the three tenants. According to Utsch, she would be considered a tenant because she is not family. Shields stated that when he bought the house, his realtor told him he could four renters beside himself living in the house. He also said that he is renting the house to afford the house payment. Utsch stated that he doesn't know what realtors are telling homebuyers, but that is not how the Ordinance is written. Loso made a motion to recommend the Council approve the Interim Use Permit for Brian Sheilds, 321 Cypress Drive, allowing an owner occupied rental unit. The IUP is conditioned upon the following: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. - 2. Occupancy is limited to 3 unrelated persons with Shield being one of the three. - 3. Approval of the Rental Housing Inspector DRAFT July 12, 2004 Page 2 of 8 4. The Planning Commission will review the license annually and revoke the license if the . property is in violation of the St. Joseph Code of Ordinances. The motion was seconded by Graeve and passed unanimously. Public Hearinq - Special Use Permit - Colleqe of St. Benedict. Presidential Residence: Chair Utsch called the public hearing to order. The purpose of the hearing is to consider the issuance of a Special Use Permit to allow the construction of a Presidents Residence in an Agricultural Zoning District. The request has been submitted by the College of St. Benedict, 37 College Avenue South, St. Joseph, MN 56374. Jim Fredricks, Facility Management Director, and Jon McGee, Vice President of Planning, Research, and Communications, spoke on behalf of the College of St. Benedicts. McGee discussed some of the reasons as to why this Presidential Residence is so important to the College. He stated that the College has had considerable growth in the past 30 years, with the College of St. Benedict being a premier Catholic Liberal Arts College ranking among the top 100 Liberal Arts Colleges. The presence of the President living near the campus is a great opportunity for the College. The new President is the first lay president in the past 30 years to live in St. Joseph. The College would like for the President to be a more present in the community. Fredricks stated that the College is looking to build a residence for the President, which will be constructed on approximately four (4) acres. The structure will be a single-family dwelling and hospitality center. The exterior materials as well as the landscaping will be consistent with those of the College. The residence will abut the Field Street right-of-way; however, when Field Street is constructed the access to the residence will be relocated. Fredricks stated that the architect is working on the drainage, parking, utilities and location of a fire hydrant. Previously, the Planning Commission has reviewed this matter at which time it was recommended the . College make application for rezoning to change the zoning classification to R1, Single Family and requested the entire parcel be platted. It was originally thought that the property is question was one parcel. However, after review of the property, it was discovered that it is in fact two parcels. As a result, it would be possible to rezone just one parcel as R1. Based on the concept plan submitted by the College, the parcel in question is proposed to be used for soccer fields and the president's residence. If the parcel was rezoned as R 1, the use of both the residence and the fields could be addressed through the Special Use process. The College is looking to have this property zoned E & E rather than R 1. The Planning Commission is being asked to determine two things: whether or not the use is a permitted use in the Agricultural District with or without a Special Use Permit and whether or not allowing this development in said zoning district is consistent with the Comprehensive Plan. There being no one wishing to testify, the public hearing was closed. Utsch stated that as he reviewed the permitted use and uses under Special Use, he would classify the President's Residence similar to that of a Bed and Breakfast. Utsch stated that he does not deem it appropriate to allow the proposed development in an Agricultural District as the use should be consistent with the Comprehensive Plan and that use is Residential. Therefore, development of this property should include rezoning to R1. Loso stated that he is in agreement with zoning this area R1 with a Special Use Permit. City Attorney Tom Jovanovich stated that the College has the opportunity to plat the both parcels into one or plat only four acres. Fredricks stated the subject property is a 35 acre parcel and that the residence only sits on 4 acres. Jovanovich stated that there should be no problem rezoning the subject property is as R 1 and platting only four (4) acres. Weyrens stated that platting typically takes two months to complete. Therefore, rezoning the property to R1 as a whole would be a quicker process. - - DRAFT July 12, 2004 Page 3 of 8 Utsch questioned Fredricks as to how the remaining property will be developed in the future. Fredricks . stated that there are no immediate plans to develop the remaining property and it may be three to five years before development occurs. If the College had to project what would develop on the remaining property, it would be a combination of housing and academic buildings. it would be about 3-5 years before the rest of the parcel is developed. Jovanovich responded that the Comprehensive Plan identifies the subject property as residential and the projected development is not consistent with the Comprehensive Plan. Fredricks responded that since there are no concrete plans for developing the rest of the area at this time, it would best to keep the area as Agricultural and allow for a Special Use Permit to build the residence. Utsch concurred with Jovanovich and stated that for the property to be developed as requested on Agricultural Zoned property, the Comprehensive Plan would have to be amended. Jovanovich stated it is hard to classify the use as residential or institutional, however if the intended use is residential then the property should be zoned appropriately. Therefore it would be best to deny the request for a Special Use allowing for an expanded residential facility in an Agricultural District for the following reasons: Finding A: Determination of appropriate zoning. The subject property is currently zoned Agricultural. Finding: St. Joseph Code of Ordinances 52.26 Subd 1 states the intent of an Agricultural District is to provide for very low density residential development for persons desiring a rural life-style. The proposed development is not rural in nature. Finding B: Consistency with the St. Joseph Comprehensive Plan. The subject property is located in Planning District 8. . Finding: The recommendation for future land uses within District Eight include the following: Single Family Development, Mixed D~nsity Residential Development adjacent to 95th Avenue, Fourth Avenue SE and CSAH 121 and Planned Unit Developments. Development must be consistent with the intended long range plan, therefore R1 Zoning is required. Finding c: Standards for granting a Special Use Permit. Finding: St. Joseph Code of Ordinances 52.07 Subd 3 (e) which states that the Special Use Application should be harmonious with the general and applicable specific objectives of the Comprehensive Plan of the City. Development of property zoned Agricultural in Planning District 8 is inconsistent with the Comprehensive Plan which calls for residential development. Finding D: Reconsideration for rezoning. Finding: As the subject property is guided for single family development, the city would reconsider the application for Special Use ifthe property is rezoned to R1, Single Family. Attorney Tom Mathews spoke on behalf of the College and stated that he feels they have followed the procedures outlined in the Ordinance and believes they have the ability to construct the residence in an Agricultural Zoning District without securing a Special Use Permit. Utsch stated that the College was informed of the requirements as they were conveyed to the College at the last Planning Commission - meeting. - DRAFT July 12, 2004 Page 4 of 8 Graeve questioned if this is a matter that needs to be resolved between the City Attorney and legal . counsel for the College, Jovanovich stated that in his opinion the proposed use is not a single family structure and does require the issuance of a Special use Permit. Jovanovich clarified that on the plans submitted by the College it is stated that their will be public facilities within the structure, thus it is not a single family residence. Fredricks disagreed with Jovanovich and stated that the proposed residence is a single family dwelling with large gathering spaces. The facility will be the living quarters for the President. Jovanovich again clarified that the proposed use does not fit with the permitted residential uses in an Agricultural District. Further, according to the Comprehensive Plan, this area is to be developed residential. To allow for this to remain Agricultural with a Special Use, the City must first amend the Comprehensive Plan, Due to the fact that there are no immediate plans for the rest of the land, this could be zoned R1 and the Planning Commission and City Council would have the ability to use their discretion for a Special Use Permit in the future. Graeve stated that the Commission would like to see this Presidential Residence built and have the President living in the City; however, the use must meet City requirements, Matthews questioned if there would be a need for a Public Hearing to rezone this property as R1 and if so when it could be scheduled. Weyrens stated that a public hearing would be required for the rezoning and the platting. However, the process can be done simultaneously and can be scheduled for the end of July. Utsch made a motion to recommend the Council deny the Special use request of the College of St. Benedict to construct an expanded Single Family residence in an Agricultural District. Denial is based on the findings A-D identified above. The motion was seconded by Loso and passed unanimously by those present. Preliminary Plat. Morningside Acres - Sand Companies: Chair Utsch called the Public Hearing to order and stated the purpose of the hearing is to consider a preliminary plat for Morningside Acres. The . proposed plat is located south of St. Joseph Township Hall, adjacent to County Road 121 and contains 30 single family lots, 32 town homes and 18 patio homes. The proposed plat has been submitted by Sand Companies, 366 S. 10lh Avenue, Waite Park, MN 56387. Weyrens reported that previously, the Planning Commission conducted a Public Hearing for the rezoning of Morningside Acres as well as an amendment to the Comprehensive Plan to allow for R3 zoning in Planning District 13. On April 1 , 2004, the Council accepted the recommendations of the Planning Commission and amended the Comprehensive Plan to allow for R3 in the Morningside Acres Addition as well as rezoning the property as a mixed use of R 1 and R3. The process also included a review of a concept plan. During review of the Preliminary Plat, it was determined that a number of variances will be required, with the majority of the variances on design standards. Therefore, the Planning Commission cannot approve the preliminary plat at this time, but can conduct the public hearing and close the same if the variance requests area acceptable to the Planning Commission. Weyrens stated that the information presented to the Commission includes the responses from the City Enginner, Attorney and Building Official. Jim Sand and Richard Hennings represented Sand Companies. Hennings stated they have reviewed the comments from the City consultants and offer the following responses: ENGINEERING ISSUES SAND COMPANIES RESPONSE How will sidewalk be constructed from They do not feel that they are responsible for the I 2951h Street to Iverson Street along CR construction of this sidewalk. Bettendorf stated that there 121? should be a sidewalk provided. So they will need to work on deciding who will pay for this - - DRAFT July 12, 2004 Page 5 of 8 . Will the accesses into multiple family site They will be private drives, so there will be no public be considered private streets or infrastructure and no street names. Utsch stated that the driveways? Two additional accesses from Fire Chief has given them the okay for the hammerhead to the multiple-family lots onto Iverson Street allow for emergency vehicles. may be considered to in order to provide better access for emergency vehicles into the multiple family site. Turn lanes on CR 121 shall be coordinated Sand Companies has not received a response from the with Stearns County Highway Department. Stearns County Engineer regarding approval of the plat. According to Bettendorf, Stearns County has indicated that they can repaint the street for a turn lane and a center turn lane would not be needed. However this has not yet been formalized by Stearns County. Buildings with elevations over 1130 may Only two lots will be affected by this. They will not be require pressure booster tanks to be guaranteed water pressure over 401bs. Bettendorf stated installed for adequate water pressure that they would need a booster tank in the house to give them adequate water pressure. Stormwater pond setback requirement of The Ordinance requires 100' setback but buildings are only 100' is requested to be reduced to 50'. 50' from the pond. Bettendorf stated that he is okay with a Pond site conditions are conducive to allow 50' setback from the pond. Sand Companies will make this setback reduction. application for a variance. Revise typical cross section to provide 2" The Civil Engineer will work on this. This will be used base instead of 1 %" base. mainly for construction. . Per the soils report, if subgrade is not Can be addressed during construction. capable of passing roll test, replace 12" - aggregate base with geotextile, 18" select granular, 6" aggregate base. Warranty issues? Will the entire wetland located in the This decision will be made by the wetland Board. northwest corner of the plat be mitigated? If not, what is the extent of the mitigation? The multiple-family lot driveways do not The storm water will be drained into storm sewers which meet the 75' setback from wetlands. will be routed to the stormwater pond. Sand Companies However, this could be permitted if the will make application for a variance. improvements include curb, gutter and storm sewer, and surface water runoff from the pavement is routed to the stormwater pond. Access to Lot 2 Block 1 and Lot 1 Block 2, These lots will be maintained. Mornin9side Acres shall be maintained during the construction of utilities and street improvements for Morningside Acres Second Addition. The driveway location for Lot 1 Block 1 The driveway will be as far away as possible from 121. - shall be on the east side (adjacent to the easement along the east property line in - DRAFT July 12, 2004 Page 6 of 8 order to allow a reasonable setback from the 103rd/lverson intersection . . BUILDING OFFICIAL SAND COMPANIES RESPONSE Lot Size Compliance Single Family lots meet the minimum lot size and minimum design standards Wetland and Wetland Mitigation - It Sand Companies has made application with Stearns appears as one single family lot will not be County Environmental Service to fill the wetland. The buildable due to the existing wetland. application is pending with approval anticipated on July 21, 2004. Visitor Parking - Is adequate parking Each town home will have double garage and driveway. available. Therefore 2 visitor parking spaces are available. This has not been an issue in previous developments in adjacent communities. Address - Must be visibly displayed Each building will be identified with a monument sign and clearly visible, Fire Access - The private driveways are The plat has been resigned providing a turning radius. This long and the fire vehicles will be required to has been approved by the Fire Chief. back out a considerable distance, Density Calculations - The original plans Additional information has been provided verifying that the did not provide enough information to density is consistent with the requirements of the St. determine if the property met the Joseph Code of Ordinances. . standards. Grading plans must include an elevation at The plans will be amended to include the requirement. each corner establishing the building grade. CITY ATTORNEY SAND COMPANIES RESPONSE Setbacks - IF developed as a PUD, the R3 The Plat can be submitted without use of a PUD thereby portion exceeds the maximum allowed. this requirement has no impact. Park Dedication Fee - The developer Sand Companies is requesting relief from the Park proposes to waive a portion of the Dedication Fees to provide affordable housing. City dedication fee or offset the dedication fee contributions for Tax Credit applications are looked upon with decorative lighting and sidewalks. favorably. Lighting is not a park use and relief of dedication fees should not be considered for this. Utsch made a few comments after hearing all of the information provided by Sand Companies and the consultants: 1. Preliminary Plat - He stated he is not comfortable with the plat; however, he could not approve the plat until the Stearns County Environmental and the Stearns County Engineer submit their comments, - - DRAFT July 12, 2004 Page 7 of 8 2. 10' Rear yard setback - This setback is required as the plat is not being developed as a PUD. . He has no problem with this, however he stated that it must be dealt with correctly and go through the right channels. 3. Sidewalk - He stated that it in his opinion the sidewalk in the development is part of the developer's responsibility and the sidewalk along CR 121 should be a City responsibility whereby Park Dedication fees could be used. Lesnick stated that in her opinion the Park Dedication fee should not be applied to internal sidewalks or decorative lighting. Further, the Ordinance requires connection to the park system and this plat should not be excluded from that requirement. Loso stated it is opinion that the Park Board has final authority over use of Park funds and this authority is granted through Minnesota Statute. The Park Board has previously requested this connection and it should be required. Utsch clarified that the Ordinance gives the City Council discretion in requiring connection to the trail system. However, if the Park Board has final authority then it will need to be addressed. The City Attorney will research the authority of the Park Board and report back to the Council. Sand questioned whether the preliminary and final plats could be approved at the same time. Utsch said that they could not do both at the same time. Jovanovich stated that the process could be expedited if all the outstanding issues were resolved and the Developers Agreement was ready for execution. Jamie Thelen, President of Sand Companies, spoke in regard to affordable housing portion of the plat. Thelen stated that Sand Companies is seeking financing assistance through the Tax Credit Program. The program is very competitive and the application requires a letter of support from the City. The letter of support must indicate how the City is a partner in the project. Thelen presented a proposed letter which indicates the City is supportive of the project and has allowed increased density, waived development fees (park dedication), allowed for flexibility of the Ordinance and agreed to fast tracking of permits. After considerable discussion it was the consensus of the Planning Commission that the City . Council must authorize the letter of support and referred the matter to them. Losomade a motion to table the action on the Preliminary Plat until the City receives letter of - approval from the Stearns County Engineer and Stearns County Environmental services. The motion is further tabled so that a public hearing can be scheduled for the required variances. The motion was seconded by Graeve and passed unanimously by those present. Graeve made a motion to table action on the Special Use Request to construct the Multiple Family units until the Planning Commission can conduct the required variance hearing. The motion was seconded by Lesnick and passed unanimously by those present. Other Matters Schedulinq of Special Meetinq: Weyrens requested the Planning Commission schedule a Special Meeting to consider the following: · Foxmore Hollow - Variance, Preliminary Plat, Special Use · Morningside Acres - Variance, Preliminary Plat, Special Use · College of St. Benedict - Rezoning and Preliminary/Final Plat The Planning Commission agreed to schedule a special meeting for July 26, 2004 at 7:00 PM. Arcon Development: Graeve suggested that with pending Arcon Development, the City consider how the Sauk River will be protected and invite interested persons/groups to a meeting. Graeve suggested the following groups be included in the planning process: St. Joseph Planning Commission; St. Joseph City Council; St. Joseph Township Planning Commission; St. Joseph Township Board; Pollution Control - Agency; Watershed District; Stearns Environmental Services. Weyrens responded that the majority of the - DRAFT July 12, 2004 Page 8 of 8 agencies listed have already had input in the environmental review process and are aware of the extent . of the development. Adiourn: Lesnick made a motion to adjourn at 8:45; seconded by Graeve and passed unanimously. Judy Weyrens Administrator . - -