The URL can be used to link to this page

Home My WebLink About2005 [08] Aug 04 {Book 34} f AdministfdtOT Judy Weyrens Mdyer Richdrd G"lbom Councilors AI Rãssier Ross Rieke Renee Symdnietz Ddle Wick i I CITY OF ST. JOSEPH www.cityofstjoseph.com 51. Joseph City Council August 4, 2005 7:00 PM 1 . Call to Order 2. 3. Approve Agenda Consent Agenda a. b. c. Bills Payable - Requested Action: Approve check numbers 036016-036070 Minutes - Requested Action: Approve the Capital Purchase - Requested Action: Authorize the purchase of a replacement switcher for the Cable Access Department from Complete Electronics in the amount of $ 1,000.00.. I . I Application for Payment - Requested Action: Authorize the Mayor to execute Pay Application #3 for the 2005 Hill Street Improvement and authorize payment to RL Larson in the amount of $ 169,100. ¡ Application for Payment - Requested Action: Authorize the Mayor to execute Pay Application #3 Final for the 2004 Test Well Project and authorize payment to Traut Wells in the amount of $ 1,472.67 Application for Payment - Requested Action: Authorize the Mayor to execute Pay Application #3 for the 2005 Cloverdale Improvement and authorize I payment to Larson Excavating in the amount of$ 114,579.53 i Grant Acceptance - Authorize the Mayor and Administrator to execute a grant agreement between the City of St. Joseph andMN Department of Public i'afety for Underage Access to Alcohol. The grant is in the amount of $ 2,000. I Gambling Application - Requested Action: Accept the Gambiing Premise Permit for the St. Joseph Volunteer Firefighers for a Fundraiser to be held a the EI Paso on October 21, 2005. ' d. e. f. g. h. 4. Public Comments i Variance Request, College of St. Benedict, Maximum Curb cJt I Noise Violation, Dan Schmitz, 11 - 6th Avenue NE Arcon Development, request for Waiver of drainage escrow Northland Heights a. Public Improvement Bids b. Final Plat and Development Agreement 9. City Engineer Reports a. Proposed 2006 Street Improvement Projecl b. 2005 Sanitary Sewer Rehabilitation c. Other Matters 10. Mayor Reports 11. Council Reports 12. Administrator Reports a. North east/west corridor study b. Board of Review c. Water Ban 5. 6. 7. B. 7:05 PM 7:10 PM 7:20 PM 7:30 PM 1., College Avenue North' Phone ,1.0 PO Box 668 . Sdint. Joseph. Minnesotd .,6 4 , 1" 01".72. 0 I fc:x 120.561.°34-2. "- NOTES TO THE COUNCIL............ Outdoor Watering Ban Tom Petroski will be attending the Council meeting requesting relief from the watering ban. Tom installed his sod on Saturday, July 30, 2005 and has been watering every day all day since that time. In discussions with him on the preceding Friday, I confirmed that we are currently enforcing an even/odd watering ban and limiting watering from 7PM to 10PM. Petroski requested the City issue"permits for all new sod, as do some of the area cities. I explained that any relief of the ban must be considered for all residents in this position. To date we are able to confirm that there are approximately 45 homes with new sod/seed that has been installed during the past 30-45 days. If the City were to grant permits to all the new sod owners, allowing them to water as much as they want, we would most likely run out of water. Water Facts- ~ , Before the total weiler ban was implemented, (and the pump was malfunctioning), thß City reached capacity (950,000 gpd); nearly emptying tbe tower. It should be noted that the unusually long period of hot weather and dry conditions put additional strain on an already taxed systém. , , ~ However, the total water ban, along with completion of the necessary repairs, 'allowed the system to recover. At this point the City was pumping 350,000 gallons per day. , ~ The total water ban was then relieved and our standard odd/even system was once again implemented, with one further restriction. Outdoor watering would be restricted to between the hours of 7 PM and 10PM. This nlethod wouid afford all residents the opportunity to water, and is seemingly the most equitable solution. >- As of today, August 2, 2005 we have experienced a steady increase in water demand, from 350,000 to 650,000 gpd. This increase is cause for concern kmd will continued to be monitored closely. ~ At 7PM daily, the water level in the tower drops an automatic 4 to 7 feet. It is estimated that each 17,000 gallons of water pumped decreases the wat~r level by 1 foot. i While most residents understand why the ban is implemented, others can become very abusive. Unfortunately, it is beicoming more the rule than the exception that when people cannot accept a policy, they circumvent the process or decide to "wear people down". . In the case of Tom Petroski, he adrt,itted to me in a telephone conversation earlier today that he was aware of the watering ban, yet decided to install his sod, water in spite of the restrictions, and risk being fined. Please note that it has been explained to him by each member of the City Office staff that the primary reason for imposing the ban is for fire safety. We show ino bias by imposing the same restrictions on all residents. ' We have researched the permitting' process of other area cities, and found that although some do indeed have a pérmitting process for new lawns, these permits are also contingent upon water supply. In the event of further questions, Dick. Taufen will be attending this Council meeting. City of St. Joseph 08/02/05 10;34 AM Page 1 Bills Payable - Revised Check Nbr Search Name Comments Amount FUND DEPART OBJ 036016 COMMISSIONER OF REVENUE State wlh pp 15, pp $1.601.44 101 036017 EFTPS pp 15, pp 15.1, cou $1,187.66 101 036017 EFTPS pp 15, pp 15.1, cou $3,143.06101 036017 EFTPS pp 15. pp 15.1, & C $3,493.87 101 036018 ING LIFE INS & ANNUITY COMPANY deferred camp pay $125.00 101 , 036019 PERA retirement pay - pp $4,655.63 101 i 036020 POSTMASTER July Postage $92.66 603 43230 322 036020 POSTMASTER July Postage $92.65 602 49490 322 036020 POSTMASTER July Postage $92.65 601 49440 322 036021 BORGERT PRODUCTS, INC/SKN 2nd half 2004 TIF $3,793.27 155 46500 600 036021 BORGERT PRODUCTS, INC/SKN 1st half 2005 TIF in $5,415.28 155 46500 611 036021 BORGERT PRODUCTS, INC/SKN 1st half 2005 TIF P $4,184.04 155 46500 600 036021 BORGERT PRODUCTS, INC/SKN 2nd half 2004 TIF i $5,567.02 155 46500 611 036022 RIVER BATS 81. Joe night River $30.00 101 41430 , 036022 RIVER BATS void check -$30.00 101 41430 036023 ST. JOSEPH CHAMBER OF COMMERCE River Bat tickets-St $150.00 101 41430 036024 A-1 TOILET RENTAL Northland Park $63.90 490 45203 531 036024 A-1 TOILET RENTAL Kleinfelter Park $63.90 490 45203 531 036025 ACCLAIM BENEFITS-REIMB dependant care rei $437.00 101 036026 ADVANCED GRAPHICS unit #5556 graphic $363.85 101 42152 550 036027 ALLIED WASTE SERVICES July collection Mills $242.87 101 45202 384 036027 ALLIED WASTE SERVICES July collection $11,157.38603 43230 384 036027 ALLIED WASTE SERVICES July collection $53.73 602 49490 384 036027 ALLIED WASTE SERVICES July collection $53.73 105 42220 384 036028 AMCON BLOCK AND PRECAST, I NC sand for 8th Ave S $38.34 101 45202 210 036028 AMCON BLOCK AND PRECAST, INC sand for 8th Ave S $38.34 101 45202 210 036029 BANYON DATA SYSTEM point of sale softwa $66.69 602 49490 215 036029 BANYON DATA SYSTEM point of sale softwa $66.69 603 43230 215 036029 BANYON DATA SYSTEM point of sale softwa $200.07 101 41530 215 036029 BANYON DATA SYSTEM point of sale softwa $66.69 601 49440 215 036030 BLUE CROSS BLUE SHIELD MN Sept Insurance $8,236.00 101 036031 CENTRAL MCGOWAN medical oxygen $41.38 105 42220 210 036031 CENTRAL MCGOWAN medical oxygen $33.83 105 42220 210 036032 COLD SPRING CO-OP CREAMERY grass seed. oat sa $217.96 101 45202 210 036033 COLD SPRING ELECTRIC SERVICES repair & inspect ele $149.88 601 49410 220 036034 DONNAY, BRENDA reimbursement for $494.88 425 43122 530 036035 ERICKSON, DARWIN reimbursement for $577.36 425 43122 530 036036 GANGL, HERMAN reimburement for b $1,154.72425 43122 530 036037 GRANITE CITY TIRE & AUTO 12 tires $694.39 101 42152 550 036038 GUSTAFSON, THOMAS & LINDA Reimbursement for $577.36 425 43122 530 036039 HARDRIVES sand for alleys $118.72 101 43120 210 036040 HAWKINS WATER TREATMENT GROUP phosphorus test $40.20 602 49480 312 036040 HAWKINS WATER TREATMENT GROUP T -phosphorus $40.20 602 49480 312 036040 HAWKINS WATER TREATMENT GROUP Hydrofluosilicic aci $526.96 601 49420 210 036040 HAWKINS WATER TREATMENT GROUP influent BOD test $91.20 602 49480 312 036040 HAWKINS WATER TREATMENT GROUP T -phosphorus $40.20 602 49480 312 036040 HAWKINS WATER TREATMENT GROUP T-Inftuent BOD $91.20 602 49480 312 036040 HAWKINS WATER TREATMENT GROUP T -influent BOD $91.20 602 49480 312 036041 HONER PUMPING floor drain tank $90.00 101 45201 220 036042 INSPECTRON INC building inspection $8,125.00 101 42401 300 036043 JOE PFANNENSTEIN SIGNS 4 x 4 sign at millstr $186.38 101 45202 210 036044 KERN, DEWENTER. VI ERE, L TD final 2004 audit biJli $10,500.00 101 41540 301 036045 KLEIN, TOM & ALICE reimbursement for $722.00 425 43122 530 036046 KLN DISTRIBUTING. INC network service $45.84 603 43230 215 036046 KLN DISTRIBUTING, INC network service $45.83 601 49440 215 036046 KLN DISTRIBUTING. INC. network service $45.83 602 49490 215 036047 LEAGUE OF MN CITIES INS TRUST deductible for sewe $500.00 602 49450 220 036048 MARTIN MARIETTA MATERIALS class 5 $387.44 101 43120 210 036048 MARTIN MARIETTA MATERIALS class 5 $215.25 101 45202 210 036049 MASTEY. MARVIN & CAROL reimbursement for $469.30 425 43122 530 036050 MINNESOTA BENEFIT ASSOCIATION Aug life ins-J Klein $38.84 101 036051 MINNESOTA TRAVEL MANAGEMENT May vehicle lease $835.76 101 42152 414 St. Joseph City Council AugustA, 2005 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS 1. £ ¿~ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. City of St. JÖseph 08/02/0 10:34 AM Page 2 Bills Payable Revised Check Nbr Search Name Comments Amount FUND DEPART OBJ 036051 MINNESOTA TRAVEL MANAGEMENT May vehicle lease $897.45 101 42152 414 036051 MINNESOTA TRAVEL MANAGEMENT May vehicle lease- $858.08 101 42152 414 036051 MINNESOTA TRAVEL MANAGEMENT June vehicle lease $830.40 101 42152 414 036051 MINNESOTA TRAVEL MANAGEMENT June vehicle lease $868.50 101 42152 414 036051 MINNESOTA TRAVEL MANAGEMENT June vehicle lease $808.80 101 42152 414 036052 NCPERS GROUP LiFE INSURANCE life insurance-Augu $9.00 101 036053 OFFICE DEPOT paper $28.50 101 41430 200 036054 PHILLiPP, MICHAEL reimbursement far $1,552.30 425 43122 530 036055 PITNEY BOWES postage June $2.40 105 42210 322 036055 PITNEY BOWES postage June I $107.96 101 42120 322 036055 PITNEY BOWES postage June i $119.95 101 41430 322 036055 PITNEY BOWES postage June , $9.59 150 46500 322 036056 PITNEY BOWES INC machine rental I $170.77 101 41430 410 036057 PRINCIPAL LiFE August insurance $1,585.09 101 036058 RDO EQUIPMENT CO. oil filters for 544H I ! $28.82 101 43120 210 036059 SEH Well field plat $3,451.43 434 49440 530 036059 SEH CR 121 improveme I $163.00 425 43122 530 036059 SEH municipal state aid ¡ $127.00 101 43131 303 036059 SEH areon/river's bend I $142.60 101 43131 303 036059 SEH field street corridor ¡ $840.36 435 43120 530 036059 SEH north corridor study $1,143.80 101 43131 303 036059 SEH 58 utility improvem i $538.75 101 43131 303 036059 SEH 2005 Seal coating i $1,593.69 490 43120 530 036059 SEH northland heights f ¡ $160.50 435 49450 530 036059 SEH pond view plat 9 $2,887.00 101 43131 303 036059 SEH city mapping I $508.50 101 43131 303 036059 SEH on site w/bldg ¡n3p i $194.00 101 43131 303 036059 SEH graceivew 3 $1,093.60 101 43131 303 036059 SEH storm water utility- ¡ $738.00 428 49900 530 036059 SEH northland heights i $589.46 435 49450 530 036059 SEH ISD 742 mt9 i $163.50 101 43131 303 036059 SEH verizon wireless I $351.08 101 43131 303 036059 SEH midnight haulers e I $864.86 101 43131 303 036059 SEH industrial park east I $107.86 101 43131 303 036059 SEH lahr property $1,283.49 101 43131 303 036059 SEH GASB 34 : $129.29 101 43131 303 036059 SEH northland 8 ¡ $291.20 430 43120 530 036059 SEH safeshred facilty I $309.00 101 43131 303 036059 SEH additional well sites $1,716.36 434 49440 530 036059 SEH liberty pointe I $140.40 428 43124 530 036059 SEH graceviewestates ¡ $416.57 101 43131 303 036059 SEH callaway street , $411.10 425 43122 530 036059 SEH cloverdale impr $13,093.13431 43120 530 036059 SEH foxmore hollow ¡ $413.86 101 43131 303 036059 SEH hillstreet & 3rd aye $20,040.44 433 43120 530 036059 SEH morningside acres $1,032.79 101 43131 303 036059 SEH streets & traffic $4.86 101 43131 303 036059 SEH pond view ridge 7 $556.24 101 43131 303 036060 ST. JOSEPH FIRE DEPARTMENT team building $800.00 105 42210 432 036061 ST. JOSEPH NEWSLEADER Interiam usa Permi $67.50 101 41530 340 036062 STATE REGISTER North Corridor & C $82.00 435 49450 530 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $307.28 101 45201 381 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $42.77 602 49472 381 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $42.70 602 49471 381 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $537.75 101 43160 386 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $45.50 602 49480 381 036063 STEARNS COOPERATIVE ELEC. ASSN june usage $52.34 602 49473 381 036064 STEARNS COUNTY SHERIFF'S DEPT. citation books-12 $42.60 101 42120 210 036065 TRAUT WELLS Water samples-Me $70.00 601 49420 312 036065 TRAUT WELLS repair sprinkler sys $311.32 101 41942 220 036066 US CABLE office internet servi $50.55 101 41430 321 036067 VERIZON WIRELESS cell phone-July $1.00 105 42250 321 City of St. Joseph Bills Payable - Revised 08/02/0510:34 AM Page 3 Check Nbr Search Name Comments Amount FUND DEPART OBJ 036068 WSB & ASSOCIATES, INC field street study $8.907.00 435 43120 530 036069 XCEL ENERGY june usage $25.72 101 45201 383 036069 XCEL ENERGY June usage $16.25101 45201 381 036069 XCEL ENERGY june usage $71.73 101 45202 381 036069 XCEL ENERGY june usage $871.76 101 45125 530 036069 XCEL ENERGY June usage $121.05 101 43160 386 036070 ZABINSKI, TONJA reimbursement for $453.64 425 43122 $158,228.31 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent 3(c) Cable Equipment DATE: August 4, 2005 Cable Commission ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Cable Equipment - Authorization to purchase a switcher using the PEG Access fees PREVIOUS ACTION The Council imposed a .60 PEG Access fee per month in 2003. This fee can only be used for Cable Equipment. RECOMMENDED COUNCIL ACTION Authorize the expenditure for up to f$ 1,000.00 for the purchase of a switcher FISCAL IMPACT The Cable Commission has more than adequate funds in the PEG Access Fund for the purchase. COMMENTS/RECOMMENDATIONS I Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: Julv 25,2005 Engineering ORIGINATING DEPARTMENT AGENDA ITEM 2005 Hill Street & 3'· Ave SW Improvements PREVIOUS ACTION Application for Payment No.2. RECOMMENDED COUNCIL ACTION Approve for payment No.3. FISCAL IMPACT $169,100.00 COMMENTS/RECOMMENDATIONS None. X:\S\stjoe\common\D39 Req Council Action\0411 pmt 3 072505.doc Tyson Hajicek DEPARTMENT APPROVAL SEH July 25, 2005 RE: St. Joseph, Minnesota 2005 Hill Street & 3rd Ave SW ln1provements, St. Joseph,~ SEH No. A-STJOE 0411.01 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens, Administrator St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No.3 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: RL Larson Excavating, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. jmw Enclosures X:\S\stjoe\041101\Specs\AP-O.doc Sho!"t Emott Hendrickson Inc., 1200 25th Avenue : E/X).572.0617 nO,2:?S 43D; fa)' $::+; !s an eaus.: or-,,,cw:.:unity eT;PIOyer ! WW'f,;.sS'~i'?1":.::.¡)m a:a:I '" 0 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 0 0 0 0 0 0 0 0 ZI-CI) ~ Ó Ó cri Ó Ó Ó Ó Ó Ó Ó $:0 "" '" 0 0 '" '" 0 0 0 '" '" 0« ~ r-- ""- '" "'- "!. '" a: '" ;; ,..: ;; ;; '" I- '" Z ,; 0 0 0 - 0- S 3: '" 0 0 0 0 0 0 '" 0 0 CI) r-- 0 0 0 0 0 0 0 0 0 ~ ±: ó oj '" ó ó cO cO Ó Ó Ó CI '" r-- " ::> .,.; - ° s:¡ 0: iií :J: I- J: "'0 0 0 0 0 0 0 0 0 0 0 gw 0 0 0 0 0 0 0 0 0 0 '" r--:J: Ó Ó Ó Ó Ó Ó Ó Ó Ó Ó 0 -en '" '" '" '" '" 0 0 '" '" '" 0 C\i:¡ ;; - '" OQ. '" Ii: új:;; ° !;to LL 08 0: ° 1-« 0 0 I- ZI<: ~ ~ ~ Wo: :;;0 0: tlJ3: I- Z 0:0: ° ClO 0 «LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ó ó ó ó ó ó ó Ó .0 Ó 0 0 ..,. '" '" 0 0 0 '" "" 0_ "'- - ..,. ..,. - - '" "'- ..,. cri '" '" Ñ Ñ "'. '" ;; ;; '" '" '" ;; 0 0 0 0 0 0 0 '" 0 0 ~ 0 0 0 0 ~ ~ 0 0 0 cO Ó cri cri N N ó ó Ó r-- '" '" 0 "" - - :J: l- I .I W W W 0 0 CI) 0 LL CI) CI) W w a: >- >- CI Q. « Z ::> ::> a: a: 0 0 0 Z :;: w :J m m l- I- « CI) CI) !;¡ ::> .;..t '" ~ Ó >- 0 I- CJ Z ~:I:~ Z ::> I- 0 0 Z CI) Z -Q.Z ã:i ::> w w ::;WO .;..t ¡:: >- [J) 0 I- 0 0 > Z W :;; o en en « ::> a: ~ WOo: a: a: w a: ~ 0 0:« I- ::> :J: CJ Q. ....I-.;..t Z I- ::> Z 0 Cl)W u.i 00 I- 0 0: I-CI).;,J CJ CJ ã:i>- o~ '9u..c: 0 Zo 0 CJ CJ CJ ° «0.. 0 Oz Z Z Z Z Z Z W« ~$: LL . ~ 0: ü: 0« w ëê ã:i ëê ã:i ëê >$: Z ° ° LL I<: a: LL « [J) « [J) « OW OW 0 Z-I- « 01- ~ w ::> w ::> w :;:2: :;:2: !;¡ 1-00 0: Oz .;..t a: .;..t a: .;..t Wa: W,a: 0"« I- a:W ëij 0 CJ 0 CJ 0 a:O a:O 0 WO:a: ::; ....Wl- -¡ Q. OZZ '" '" ..,. '" CD r-- 00 '" 0 Q. a: 3:0 -, « Q.OO a:a::r: '" 0 0 0 0 0 0 0 0 0 0 0 0 LUOLU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21-cn ~ Ó Ó Ó Ó Ó Ó Ó Ó Ó Ó Ó ó 3:0 <F7 '" <F7 <F7 0 <F7 <F7 0 0 <0 <F7 <F7 o<c ": <0 a: I'- <F7 I- 2 :> 0 0 0 ~ c. .5 3: 0 0 0 0 0 0 0 0 0 0 0 0 rn 0 0 0 0 0 0 0 0 0 0 0 0 .. :i: ó ó ó Ó .0 Ó Ó .0 .0 Ó Ó ó ii CJ I'- '" '" '" '" 'tI ::;) ~ ° !:1 a: ¡¡¡ :¡: I- :;: ",0 0 0 0 0 0 0 0 0 0 0 0 0 gw 0 0 0 0 0 0 0 0 0 0 0 0 '" I'-:¡: ó ó ó ó ó ó ó ó ó ó ó ó 0 -rn <F7 <F7 <F7 <F7 <F7 <F7 <F7 0 <F7 <F7 <F7 <F7 0 ¡;¡- '" 0...J D.. ä: oij:;: ° !;to tL 08 a: ° 1-« 0 I- z~ 0 ~ Wa: .0 :;:0 '" a: tlj3: I- Z a: a: ° ~:r u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ó ó ó ó ó ó ó ó ó ó ó Ó <0 <0 0 0 0 0 ro 0 '" <0 0 0 1'-. '" "!. '" "< I'- ro '" '" '" - <F7 - <F7 - <F7 <F7 <F7 <F7 <F7 <F7 <» <» N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ó ó ó ó ó '" .0 .0 .0 Ó Ó Ó ro - '" - '" '" I'- 0 0> 0 0 - '" - N - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" tÓ Ó Ó .¡ Ó .¡ .¡ .¡ .¡ .¡ .¡ <» N 0 <» <» <» <» <» <» <» l- I- l- I- I- :¡: l- I- l- I- l- t;: tL tL tL tL tL 0 tL tL tL tL tL CJ 2 2 2 Z 2 <c 2 2 2 2 2 2 Z :J :J :J :J :J LU :J :J :J :J :J :J ~ '" Ó t/) U ...J 2 Z OJ:>< ...J ëx> LU l- . w <c - :;;: "- 2 Z -D..z LU LU LU3: LU ...J :;: c: :;;: w ;LLlO I- CJCJ ;¡1CJ I- ...J a: :2 LU LU ¡:: 0 ::;¡ ornrn a: a: <C2 >2 a: a: LU "- "- "- "- a: ~ wOa: OLU ~- ...J- OLU t/) ~ ¡:: :2 :2 :2 :2 LU 0:« 2~ <c~ <c~ 2~ ~ t/) 0 0 0 0 ~ D.. ..,I-...J t/)<C cn<c 3: :5 a: I-rn...J 0::;) ",t¡; ",I- 0::> '" 0 Ñ õn ëx> 0 3: °CJ ÜCJ "- - - ° ~u..a: LU LU <c LUI- « ° o. LU We:: wa:: LU LU LU LU LU LU tL >'" 1)~t/)1)O >'" CJ LU >a: > > > > > o ¡:: a: :r: z ° ° Om Om <c OLU 0 0 0 0 0 :28::1:20 ::;"- ~ :2::; ° Z-I- :2rr :2 a: ...J :2 :2 :2 :2 :2 !¡¡ I-UU W::;) W..,J«wo LU::;) <C:2 ::;) w::> LU LU W W LU U .. « a:ü a:m3:a:3: a:ü t/)ü m a:ü a: a: a: a: a: U wa:a: ::; ..,Wl- D.. oZz '" '" '" '" <0 I'- ro 0> 0 - N '" D.. a:3:0 - - N N N '" « ,,-ou 1!:1!::r: "' 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 0 0 0 0 "' 0 0 0 0 Zf-(/) ~ Ó Ó Ó ."f Ó Ó '" cD Ó Ó ;š:0 ¡g 0 '" 0 '" OJ o~ 0 ~ <;> "' "' ö ö m ö f- OJ "' ~ Z ,,: '" '" 0 0 0 ~ Q. .5 3: 0 0 0 0 0 0 0 0 0 0 rJ 0 0 0 0 0 0 0 0 0 0 ~ ±: ó ó Ó ."f .,; Ó cD Ó Ó Ó c¡ 0 '" ~ '" 0 OJ '" "' " ::> cD cD ..: m ~ 0 52 a: iñ :¡; f- :¡; ",e 0 0 0 0 0 0 0 0 0 0 gw 0 0 0 0 0 0 "' 0 0 0 '" ....:r: ó ó Ó ."f Ó Ó '" Ó Ó Ó 0 ~rJ '" '" 0 '" 0 '" '" '" '" 0 ¡;¡- 0 ~ <;> "' '" 0..J Ö Ö m ë: 0.. tij::; OJ "' '" 0 !;to '" IL e8 a: 0 f-<C 0 0 0 0 f- z>:: 0 0 0 0 0 Wa: Ó ."f .,; cD <C ::;0 0 '" ;¡; 0 OJ a: 1tl3: cD cD ..: f- Z a: a: 0 ~¡z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ó ó ó ó Ó ."f Ó cD 0; Ó OJ '" 0 '" 0 0> "' OJ ;;; '" OJ OJ. 0 .... 0 0> "' OJ '" ~ m cD Ñ ..: ..¡ ö cD m '" '" '" '" OJ <;> <;> OJ "' '" '" '" '" OJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .,; ó ó ó ó ó ó ó ó ó '" '" 0 '" 0 '" '" '" '" 0 '" '" ~ ~ '" OJ '" OJ '" cD .; Ñ ~ m m .0 ~ ~ '" 0 0 0 0 0 0 '" 0 '" 0 0 0 0 0 0 .... "! "': "! OJ cO 0; .,; cO Ó .,; <;> <;> <;> '" '" '" '" '" <;> '" '" :r: :r: 0 0 f- f- e <:> ..J <:> <:> <:> ~ ~ IL IL >- >- <C >- >- >- " c¡ Z Z :J :J ø :J 0 0 <:> 0 z :J :J 0 0 ::;: 0 (/) (/) >- >- ~ 0 0 '" ~ (/) (/) ó Z §;: ø ø 0 Z Z õ:z::>< Z 0 N Z f- . W (/) 0 ~ :> ø§;: ¡¡:- ~o.. :J <('~ Z ~WZ W :J ~ I!: wf:2. w "'(/)O f- 0 > « m (/) ZW W·w ::; °O(/) W Z > « ..J (/)'" « -I!: 3: I!: I!: 0 «(/) f-> :J I!::J ~ w...a: ~ « :J 0 ':J o .~ 0 0 X z- "'(/) (/)w L5Þ: ÔÞ: 0.. ...f- Z :J X W «> ¡:'5 WIL Z a: f-Ul..J Of- !::f- w w a:¿ ¡:!~ ~ ;š:- Z- ~LLa: Oz COz 0 ø3: «0 :Jw ::;: ::;: 0 z "'w (f)w IL <CO.. øW øW 0 « f-O I!: øo X . f-O :;(/) ~;(J) . Ç: a: z::;: z::;: I!: Ww wO -« Z o 0 ::;: ø 0a: W I!: 0 f-- "'IL wI!: w,a: -W -W o I!: 0 Z-f- 3:> 3:> ::;: "'- ':1 I!: !;t g5 ..JI!: IL:J a..:.:J ~ f-OO «« «« 0- :J> wO W'" ¿:J >-0 ~8 0"<C (/)IL (/)IL O~ (/)!!:!. (/)CO ;š: <CIL øl2 ::;:(/) f-O 0 wa:a: :J ...Wf- 0.. OZz '" '" .... '" 0> 0 ;;; '" OJ '" 0.. a: 3:0 '" '" '" '" '" OJ OJ OJ OJ <C 0..00 a:a::r: '" 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 C! 0 0 0 0 0 0 0 0 Zf-en !;! 0 0 0 0 0 0 0 0 0 oj :;:0 00 ... ... ... ... ... ... ... ... <F> " 0< ;:: '" a: .¡ f- '" Z ,,: <F> 0 0 0 - c. .§ ;;: 0 0 0 0 0 0 0 0 0 0 en 0 0 0 0 0 0 0 0 0 0 ~ ±: 0 0 0 0 0 0 0 0 0 .¡ CI '" '0 ::> "! - 0 !:! a: iñ :r: f- :r "''' 0 0 0 0 0 0 0 0 0 0 QW 0 0 C! 0 0 0 0 0 0 0 '" r-:r: 0 0 0 0 0 0 0 0 0 0 0 ~en ... <F> <F> <F> <F> ... <F> ... <F> ... 0 -- "'..I '" 00.. a: ":E 0 Wo .... !;¡o a: "0 0 f-< f- Z~ 0 Wa: < :EO a: :Jj;;: f- Z a: a: 0 ClO 0 <.... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .,; '" r-: '" 0 '" 0 .,; 0 0 r- '" " CO eo C\I C\I '" ;;; :;: '" CO "< ~ r- '" "'- '" <F> <F> " .,; .,; <is ... <F> <is <F> <F> <F> ... " <F> " 0 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 0 0 0 0 0 0 0 '" 0 .,; 0 oj r-: '" .,; '" eo ;:; CO 0 C\I 0 CO '" ~ CO ~ 0 '" 0 '" 0 0 0 0 0 0 ~ CO "! CO 0 C\I 0 0 0 0 oj '" .,; cO 0 0 .,; .,; '" <F> <F> '" " '" '" " <F> C\I <F> C\I <F> <F> <F> ... f- f- 0 0 0 :r: f- :r: t;: u.. u.. >- >- >- 0 u.. 0 CI < Z C) 0 Z 0 0 0 « 0 < Z ~ en :J en "0 en W en W :J '"' ~ Ó 0 >- >- en 0 Z õJ:>< ... < Z W ::!; eo :;: « £1 f- . W ~ $: a. Z ~o..Z cr: ~ o<~ >- W en >- W ::;;WO W ... > W f- :E o en", f-f- < mZ < ëë > W en >- >- ~ wOa: <<( :;: a:C) :;: 0 ëë :2 ... a:", a: CO 0:< :20 ::>- W 0 < W <", <C\I 0.. ..,f-..I W oen ;::: W en Z Z f-en !::cr: !::a: eno f- WW f- « a: ....t/)...J ::>~ W cr: Wf- ::>f- f- ZW zO ZO ~u..a: cr: f-o 0 cr:z OZ W 0.. wO «en <en 0 <C 0 .. 00 0 W - ... OW ZW W Z Z« en - en - .... ~« a:cr: cr: C) <£,1 ocr: ocr: . ~ a: Z OW W Z:2 -:2 f- Z o 0 :2f- 0 z:: > ow :2w en ¡¡; :2cr: >w >w 0 Z-f- ::>cr: 0 < 0> ::» cr:cr: a.$: a.$: ~ f-OO !::o 0::> cr: - « !::<C ;;¡¡ ;;¡¡ w< _ W _ W 0"< mu.. " oc) C) ",a. ma. u.. u.. a.m 00 en 00 en 0 Wa:a: ::; ..,Wf- 0.. OZZ '" CO r- eo '" 0 ~ C\I '" " '" 0.. a:;;:0 '" '" '" '" '" .,. .,. .,. .,. .,. .,. <C 0..00 a:a:I oo 0 0 0 0 0 0 0 0 0 0 0 0' WOW 0 0 oo 0 0 0 0 0 0 0 0 0 oo 0 2f-U) ~ 0 '" 0 0 <Ò as 0 0 0 0 as N ;¡:o ~ '" '" .,. 0 I'- ex:> 0 0 ex:> <h oo 0 0< '" oo co 0 '" O. oo .,. ex:> oo '" a: '" '" <J> as as ;;> ,.: <J> Ñ as as f- <h '" ;;> <h <h <J> <J> <J> 2 ,,: <J> 0 0 0 ~ c. .5 3: 0 0 0 0 0 0 0 0 0 0 0 0 U> 0 0 0 0 0 ex:> 0 0 0 0 0 oo ~ :ï: r--: oj 0 0 <Ò <Ó oj '" <Ó 0 '" 0 c¡ .,. '" '" ex:> '" ex:> '" ~ 1'-. '" N " => ~ I ~ ° !2 a: - I U> f- :ï: "'0 0 0 0 0 0 0 0 0 Ô 0 0 0 S2W 0 oo 0 0 0 0 0 0 0 0 0 0 '" I'-I 0 N 0 0 0 0 0 0 0 0 '" 0 0 ~U> <J> oo <h <J> <J> <J> <J> <J> '" <J> co CO 0 ë\¡:J '" ~ CO "< '" 00. <Ô Ñ ä: W:;; ;;> <J> ;;> ° !;to I IL og I a: Ô ° f-< 0 0 0 f- Z:o<: 0 ~ 0 0 ~ WI%: <Ò ~ N N :;;0 co '" I'- I%: ::J3: '" ~ '" f- Z 1%:1%: ° ~~ 0 0 0 0 0 oo 0 0 0 0 0 0 0 0 oo 0 0 I'- 0 0 0 0 0 0 0 0 N 0 0 <Ò as 0 0 0 N 0 0 CO a; .,. 0 ~ CO 0 0 .,. 0 CO CO CO CO '" ~ ~ 0 .,. 0 CO oo '" '" <Ô <J> <Ô '" ;;> '" <J> as Ñ as as <J> '" ;;> <J> <J> <J> <J> <J> <J> <J> , I '" , 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 r--: <Ò 0 '" as <Ó N '" as N 0 N .,. '" '" CO '" 0 '" I'- ~ «? CO '" CO Ñ 0 0 0 0 0 0 0 0 0 0 0 0 0 oo 0 0 0 0 0 0 0 ~ 0 0 0 <Ó N 0 <Ò 0 0 0 0 ;;> N <Ò .,. ;;> '" 0 I'- CO 0 0 CO '" <h <J> <J> co. <J> oo <J> <J> , <J> Ñ <J> I ;;> <J> I I f- f- f- I f- f- I I I t 0 0 LL LL LL 0 LL LL 0 0 0 >- >- c¡ Z 2 Z < Z Z < < < z => => Z ~ ::¡ ::¡ ::¡ W ::¡ ::¡ W W W ::¡ 0 0 '" ¡;¡ Ó 0 a: , W ~ Z OJ:>< W e. -' (!) (!) (!) . W 0 2 Z f- ~o.Z ;¡: W I ¡:: ¡:: Z (!) Z ::;;:WO W -' z Wa: Õ 2 W U) 0 ~a: ~a: Õ :;; OU>u> >- >- < a. ~W 0 W°l%: a: a:", >- I :;; 0 XW XW W W 0 ~ O~e( ;::0 ;::'" a: 2 I a: W3: W;¡: >- >;¡: '" W 0. "')f-..J ê e( f- OZ OW OW ;¡: ~W W '" _0 _a: :;; wQ f-U) f-U) wU) I%: f-U>..J Z'" 20 a. !;t a: ° Cl}l.La: <ü <U) Z >- W Of- f->- f->- Ü f->- < e(0.. U) . U) - < a: 0 -ü Oa: üa:W> oða: (!) -' IL OtI: OtI: U) < U)w w< W<cüc... Z< W => . ì= I%: < f-Z Z ° ° >W >W -'''' f- a: 2f- Z!:::>~ <!:: a: 2 ° Z-f- o.;¡: a.;¡: ·oo Z_ f- =>2 Zz Z2tI:X wZ (!)~ e( ~ f-OO _ w . w ==,-, CJ5~ X ~O 0< O<W. -'< (!):'j a: Oue( õoU) ;"U) ÕOO w õoO OU) OCf)CI)Co OU) <- (!) 0 wl%:l%: ! ::; "')Wf- 0. OZz CO I'- CO a> 0 ;;; '" '" .,. oo CO t'-- a. 1%:3:0 .,. .,. .,. .,. oo oo oo oo '" oo oo e( 0.00 a:a::r: "' 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 0 0 0 0 0 0 0 Zf-CI) !ò! Ó ~ Ó Ó Ó Ó Ó Ó Ó ;;:0 ~ "' .... '" '" 0 0 0 0 0 0« .... ~ 0 '" ~ '" "'. " «!. a: ". ~ M cD ;;; .,¡ ~ <h ;;; f- '" <h ;;; <h <h <h Z :> <h 0 0 0 ~ c. .5 3i': 0 0 0 0 0 0 0 0 0 rn 0 0 0 0 0 0 0 0 0 It) ±: ó ~ <Ó ~ N <Ó .,; ..,f Ó .¡¡ CI () .... " "D ::> "< ~ 0 ~ !:.! a: ¡¡¡ :J: f- ::E ",0 0 0 0 0 0 0 0 0 0 ~w 0 0 0 0 0 0 0 0 0 "' ....:J: ~ Ó Ó Ó Ó Ó Ó Ó Ó ° ~rn .... "' " <h 0 0 <h <h " ° è=J::¡ '" "' "' () ~ O. N 0c.. cD <h cD <h "j EX: üj:;¡ '" <h <h ;;; 0 !;¡:o <h LL 08 a: ~ f-<I: 0 0 0 0 0 0 z~ 0 0 0 C! 0 0 ~ Wa: ~ N .,; .,; <Ó ::!Eo "' '" '" a: :J:J3i': o. f- Z a: a: ° ClO 0 <l:LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 ó 0 0 ó 0 '" '" '" "' 0 0 0 0 to .... ~ 0 '" "'. '" ~ " "è ". ;;; ",. cD ;;; .,¡ ~ <h ;;; '" ;;; <h <h <h <h to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 en en <Ó ~ N <Ó .,; ..,f m '" <D '" "< 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ó ó ó ó ó ó ó '" '" '" "' 0 0 0 0 " <h <h ~ "'. e» .... to ~ <h Ñ ;;; <h <h <h <h <h f- f- :J: :r: :J: :J: :r: :J: :J: LL LL 0 0 0 0 0 0 0 CI Z Z <I: « « « « « <I: Z ::ï ::ï W W W W W W W !i '" ~ ó 0 x x Z b:r:>< f- f- 0 0 ø ø a. f- . W 0 0 0 <D <D Z Z 0 Z ~c..z :0 :0 0 0 ¡::: ¡::: f- ::;¡::Wo Z UJ W 0 0 « Z Z UJ CI) :;¡ oenCl) « « X XW Z wOa: W 0 ;;: Z Z ~ W W W wO 0:< <ë <ë ~ > Oz 0> ¡::: c.. "')f-...J ::Eo ::E", « ...J f-- f-a: « a: f-rn...J > « « f-« f-W a: ° '?u.a: a:'" a:'" f- W > > 0::E oUJ 0 LL <1:0.. W...J W...J Z !;¡: W w a. . ~ a: f-O !;¡:O « f- !¡: wa: wa: a: Z ° ° «z a: « zw zw 0 0 Z-f- ;;:0 ;;:5 0 Øx ø ø Z!¡: Z!¡: 0 !i f-OO >- . 0 8;;: 8;;: 0"<1: (ocr: CoO: :r: ~<D Co ëo ~ 0 wa:a: ::; "')Wf- c.. oZz 0 (õ '" '" " "' to .... '" c.. a:3i':0 to to to to to to to to <I: c..oo o:o::r: <0 0 0 0 0 0 0 0 0 0 0 WOW 0 0 C! 0 0 <0 0 0 0 0 0 0 ZI-CI) ~ 0 - to 0 to 0 0 0 0 0 :;:ü ~ 0 '" ¡;¡ '" 0; '" '" '" '" '" o~ 0 ..... ..¡ - '" '" I- '" '" '" Z :> '" 0 0 ü ~ c. .5 ~ 0 0 0 0 0 0 0 0 0 0 CI) 0 C! <0 0 0 0 0 0 0 0 ~ ±: 0 - 0 0 oi 0 0 0 0 0 c¡ ..,. - - 'tJ :> Let "': ~ 0 - t! 0:: - :r: CI) l- s: <oC 0 0 0 0 0 0 0 0 0 0 Q'" 0 0 0 0 0 0 0 0 0 0 In ....:r: 0 N 0 0 0 0 0 0 0 0 0 ~!!2 0 '" '" '" '" '" '" '" '" '" 0 '" '" '" '" O~ Ñ .,; '" ii. ü.i:;¡ '" - 0 ~8 '" tL 0:: CO 0 I-<C 0 0 0 I- z~ 0 0 0 ~ "'0:: to N 0 :;¡o '" '" <0 0:: ffi~ '" - I- Z 0::0:: 0 C¡O ° <CtL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .,; 0 ó 0 0 ó 0 '" 0 '" <0 '" '" '" 0 0 '" on ..,. '" on - on ¡;; "'. '" '" a; '" ..¡ Ñ '" ¡;; N '" '" '" '" '" '" .... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oi 0 Ó 0 0 to cD N N ..¡ '" '" '" 0 Cõ. '" "'. 0 Ñ 0 0 0 0 0 0 0 0 0 0 0 C! 0 on 0 0 0 0 0 0 ¡;¡ Ó 0 '" 0 0 0 0 0 0 '" '" '" '" .... <0 0 on - '" '" '" '" '" '" '" '" '" '" :r: Ii: 0 I- 0 :r: :r: :r: :r: :r: ü >- tL Z ü ü ü ü ü c¡ ::> Z <c Z 0 Z 0 <c <c <c <C <c ~ w :J CI) :J a. w w w '" w ..., ~ Ó 0 >< w :r: :r: Z O:J:>< 0 a. CI) Z Z Z Z CI) CI) l- . '" m ¡¡: 0:: CJ 0 0 0 0 <c <C Z -o..z Z a: a: 0: 0: a: a: '" :;wo 0 a: w t: a. a. a. a. I:::: I:::: :;¡ oCl)", Z W I- <c <c <c <c ~ ",00:: <c a. <C:;¡ w w w w :;: :;: :;:w ü: 0:<C a. a. Z >-1- a. a. a. !h Z Z 0.. ~I-...I 0 0 0 Z ¡¡: ¡¡: ¡¡: 0 0 "'..J I- ü ~ o::CI) « a. a: a: 0:: '?u..a: CI) <cfu -' -' -' -' 0 ~ :;¡ <c ;:: ;:: <C a. a. tL <C 0 .. m w ::> 0:>- a: l- I- <Co <Co Z .~o:: 0:: a. 0-, w w w w üo: üa: o 0 ::> >- CI) a. a. w :;¡ :;¡ :;¡ :;¡ 0 Z-I- ¡¡; :;¡a. !;( a:<c a:<c ~ 1-°0 ü I- w::> b '" ïo õo . ::> . ::> 0"<C - - ¡., I-CI) :;: - - ~CJ ~c¡ ° ",0::0:: I :J ..,"'1- 0.. OZz '" 0 c: '" ..., ..,. on '" .... <0 "" o::~o '" .... .... .... .... .... .... .... .... ....' 0.. ¡ <c 0..00 [(a:J: '" 0 0 0 0 0 0 0 0 0 0 uuouu 0 0 0 0 0 0 0 0 0 0 0 0 Zf-CI) ~ 0 0 0 0 0 0 0 0 0 0 ;s:O ~ ... ... <fr <fr ... <fr <fr 0 ... <fr 0< ¡;; 0: f- Z :> 0 0 0 ~ a. .5 :;: 0 0 0 0 0 0 0 0 0 0 en 0 0 0 0 0 0 0 ~ 0 0 CD ±: 0 0 0 0 0 0 0 0 0 ~ CJ 't> ~ ~ 0 ~ 0: - J: en f- :¡: ",0 0 0 0 0 0 0 0 0 0 0 ~uu 0 0 0 0 0 0 0 0 0 0 '" ....J: 0 Ó 0 0 0 0 0 ó ó ó 0 ~en ... ... <fr <fr ... <fr ... ... ... ... 0 Ñ::¡ '" 0,,- ä: ùj:!! 0 !;¡:O LL 08 0: ~ 1-< z~ 0 uuo: < :;;0 a: :Jj:;: I- Z a: 0: 0 ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 N N N 0 <ri 0 N 0 0 '" .... 0 0 0 "': .... 0 .... "'0 .,. 0> '" co ~ ¡; .,; '" co '" N co '" 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 '" 0 0 0 0 0 oö <ri a:i 0 - 0 0 >- CJ Z Z Z Z Z Z ::> < < ::> Z :J :J :J :J :J :J 0 uu uu 0 ~ '" :t ó 0 en Z Ö:r:>< CI) ::; I- o uu < 0 0 Z ~"-z 0: 0: 0: 0: 0: 0: ...J °uu Z Z uu :;two uu uu uu uu uu> uu= 0 ,0 ;s: :!! oenen ;s: $: $: $: $:...J $::; "-...J f= f= 0 ~ wOa: <- 0:« uu uu uu uu wo uuo o:~ 0 0 0: CI) CI) CI) CI) Cl)co Cl)co uu uu 0: "- ~I-...J ~uu f- f- 0 uu uu w w wo UUO a: enen...J CL CL CL CL CLO CLO O:f- 0 0 m ° ,LLa: ¡¡: ¡¡: ¡¡: ¡¡: - '" -'" ::;:0 0: 0: ...J LL « ° 00 CLZ CLZ ouuo CL CL Õ Z o ¡: 0: ::;: ::;: ::;: ::;: OCJ OCJ o~ã: f- f- ° ° CI) ° 0 0 0 0 0:- 0:- W uu CL Z-f- CI) CI) Z;s:m ~ f-OO " '" "' i'o . uu . w <-< ...J ...J 0 0"« ~ ~o ~o O:-u.. Z Z f- 0 wO:a: :J ....wf- "- oZz 0 0:; N '" .,. '" co co 0> 0 "- a::;:0 co co co co co co co co 0> « "-00 a:a:J: LO 0 0 0 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 0 0 0 0 0 0 0 0 0 0 Zf-OO ~ 0 0 0 0 0 0 0 0 0 0 0 ,..: ;¡:O <F> <F> <F> <F> <F> <F> <F> <F> <F> <F> '" '" O~ ¡;: OJ ~ <F> Õ f- ~ Z ,,: LO 0 0 <F> 0 ~ 0- .§ ;;: 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 ~ :I: 0 0 0 0 0 0 0 0 0 0 -.i C 'E ::> 0 I:! a: - :I: '" f- X LOC 0 0 0 0 0 0 0 0 0 0 0 0 g'" 0 0 0 0 0 0 0 0 0 0 0 0 LO ....:1: 0 0 0 0 0 0 0 0 0 0 0 0 0 ~'" <F> <F> <F> <F> <F> <F> <F> <F> <F> <F> <X) 0 0 ¡;¡- <F> 0 "" O~ ..; ã: "P¡¡ .... ~ 0 ~8 '" u. ! a: CO 0 f-« 0 f- z~ C! ~ "'a: ~ ::Öo a: ~;;: f- Z a: a: 0 5!1~ 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 "< 0 '" 0 0 0 0 0 0 ..,. 0 0 u; .,; cO 0 0 <Ó 0 0; 0 ,..: ..,. 0 0 0 '" 0 ¡¡; CD <F> 0 CD '" '" <F> ~ <X) OJ "!. <F> <X) 0 <F> <F> <F> 0; <F> ~, <F> Ñ '" CD <F> .... '" , '" 0 LO 0 0 0 0 0 0 LO 0 0 '" .... 0 0 0 ..,. ~ '" .... 0 0 0 0 cO 0 <Ó 0 0 0 0 0 '" CD CD CD 0 ..; ~ 0 0 LO LO LO 0 0 0 0 LO 0 0 0 "< ~ ~ 0 0 0 0 ~ 0 0 0 ¡¡; ¡¡; ~ 0 0 0 0 0 0 0 0 <F> 0 0 <X) <X) <F> <X) "'. "l <X) '" <F> '<F> '" ¡¡; ¡¡; '" <F> W W 0 0 0 W W 0 a: a: a: Z Z >- Z Z a: a: Z :::> C 0 0 :::> :::> 0 0 0 0 0 :::> 0 z e( e( 0 0 00 f- f- e( e( 0 J: !i a.. a.. a.. (' ~ Ó ~ 0 s:- w w Z q:l:~ f- a: Z a.. a.. z ~"-Z e( ;¡: >- >- '" ::;WO a: 0 0 f- f- C!1L ::ö 0"'", 0 co co e( ...J ...J C! C! Z:::> '" ~ ...J e( « ",0 a: e.. Z Z -,.,; ~ W W W ¡¡: ffis:- e..o 0:« ::;: a: a:S:- e.. ¡¡: ¡¡:- ...J w_ "- "')f-...J w >- '" 0 0>- ::Ça: we.. :::> :::>a: !;( f-a: a: f-"'...J I::.. \( \(<( f- e(e( J: J:a: Ow ;¡:f- 0 CQu..a: C! C! C! ::;: ::;:a: 0 oe( a:N OOW _a: Za: f-;¡: u. « 0 .. Z Z ~ ::;:0 Z J: J:O Z «5: W- . ~ a: e( ::;::! Ww z o 0 is is 0 0"- is g o a.. 0::;: ::;:ti: Wa.. 0 2-1- w W w W::;: 0 ...J::;: 0 ¡::~ !i 1-00 w w w WW 0 :::> :::>W 00 oow Ow ::;:1::.. is -f- 0"« 00 00 00 001::.. 00 ::;: 0_ Ou. 00_ 0 ",a: a: ::; "')"'1- 0 ;; "- oZz '" OJ ..,. LO CO .... :g '" 0 "- a:;;:0 '" '" '" '" '" '" '" '" ~ « "-00 a:a::r: to 0 0 to to to 0 WOW 0 0 0 '" ~ ~ 0 0 Zf-CI) ~ ,..: ,..: c» ,..: ,..: d ~ü ~ '" 0> 0 '" '" 0« ~ ~ to '" to 0 a: ò ò "' " "' ~ f- ~ ;;; '" '" C;; r:ñ ~ Z :> to '" .". CO 0 '" '" '" '" 0 ~ ~ ü ~ ~ a. .5 l s: " ?j: " '" CD c.J UJ " ã; E - " :i: 0 !!!. 0 " as ~ CI E " B E C " C> >- 0 I ." ::;) 0 ., " ., ~ 0 E c: " 0.. - !:! 0:: « ,ij 0 '" CD - :r: ;; " ::I UJ '" E 0 C f- '" a: " 'S: tOO 0 0 '" 0 " - w w w :¡: gw 0 c'5 '" E .t !: Ò " « ::I t;¡: f- t;¡: to ....:r: « 0 ~rI> 0 -' '" 0 '" 0 0 0 0 ¡;¡- 0 " E '" oii oS -' ä: .... <t ,¡;::;¡ ~ 0 t;¡:0 '" "- oS 0:: ~ f-« z>:: 0 Wo:: « ::;¡o 0:: ::Js: f- Z 0::0:: 0 ~f2 ü to .". ,..: to 0 ",' to .... :s '" õ 0 11 E ~ "0 E " c: 0 ,g ~ > ü 'i;; ." .2 "0 E Õ <.> .!!! Õ " " e ëi. " c: E 11 c: C> E '" "- c: >- E '" 0 ,;; '" 0 " c: <.> :;; "- <.> .c E " .5 "0 Õ " >- " c: ëi. '" :;; '" .c "0 " >' "- " e " ,¡¡ " "0 ro ,;; c: '" > 5 .t: <.> " " '" f- e >- 0 .t: <.> .c "0 'S: Õ .5 .; Õ "0 " e 11 :s E <g, " ,g " "0 (; "- E Õ E ., 'S: '" '" 0 11 >- "0 0 " <.> E ., 0 C. "0 ã; '" "- '" ,;; ;5 0 '" '" ., CI Ü '" c: " ûí '" :;; " " £ <.> Z :ê C, '2' " !i "0 ,;; '§: :;; t c: e " '" '" '" :£ " " c: "- '" '" ~ <.> " .2 "0 :s "0 >- .... '" c: Õ " "'", Ó :s ã; ,ij :; ., ì::: ü 0 ,2> '" 11 "- Ò "", Z C!:c~ õ "0 "- ~ 0", f- 11 '" J5 >- E '" B .5 N roo .c ï5 Z ~...z E :s 0 0 '" c;W 0 0... "0 <.> c: " W :;wo 0 ;: '" " .c " :Éw .". '" 0...... ::;¡ oUJUJ 0 Ü :;; " " 0 '" -'" .E '" .E c, ., " '" to ..c. z·«> ~ WOo:: ¡¡¡ "0 :2 > ., > ,,'" Z "- to 0:« " :;; 0 '" ~ :s ., C:tO ....:2; ""z 0.. ..,f-..J rI> c: .5 <.> ~~z ~<::E f-rI>..J ::;¡ C> c: '" >- '" õ ;:::6 0:: .~ ;: " :s ., w«:2; C9tLD: w C> "- "- 11 .., """ 0 !:: 0:: 0 æ ;: 'õ c.<= _ C ~=> « 0 .. " B E 0_"0 iij "'''- "- W "0 " '" '" "''' '" xo " " Z .~o:: ..J C C ,;; .<= " '" " 0 ~ ~ 0 c 0-' _=rn o 0 ~ <.> ,;; ü 0 0:: " '" " E cjl.OQ z:r:roü 000 Z-f- E ï5 e c >.'-' ~ !i f-<'>ü ~ 0 " ,;; " " W...J ~ . wwOf-' .t: ,g '§: '" .t: W=lO'" ü"« '" f- B ., ,;; f- :a:",iij ::;¡CI.>o..CI) >()C\() <.> ",0::0:: CI..J ::;¡ 0 ::ï "''''f- Z« :E 0 0:: 0.. oZz «f- ID 0 0.. 0.. o::S:o :r:o ::;) '" ... « 0..00 Of- rI> 0:: « Attachment: Y6s or No REQUEST FOR COUNCIL ACTION Engineering Joseph R. Bettendorf, PE RECEIVED JUU 2 7 Z005 I , CITY 9F ST. JOSEPH DATE: Julv 20, 2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2004 Test Well Application for Payment No.3 - FINAL PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Approve for payment. FISCAL IMPACT $1,472.67 COMMENTSIRECOMMENDATIONS None. X:\S\stjoe\common\D39 Req Council Action\0302.04 pmt 3Final 060205.doc / SEH July 20, 2005 RE: St. Joseph, Minnesota 2004 Test Well SEH No. A-STJOE 0302.04 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No.3-FINAL for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Traut Wells SEH City of St. Joseph Also enclosed for your files is the IC-134. If you have any questions, please feel free to call us. - Jmw Enclosures c: Tracy Ekola, SEH X:\S\stjoe\030204\Spec\APL--O.doc S,r.o:·t Ematt K'8r:~kid(so,; h,;:.. ileD 25th ,¿.v""nue S:¡uth P.C. Box 17:7, St. Cioud, Hf\! 56302-17:7 "- " o,'7'!>::-',C_, , - MINNESOTA Department of Revenue Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Deportment 01 Revenue before tf,e slote of Minnesota or any of its subdivisions con make final payment to contraefors. - C-134. "",,- ¡ pfease type or prinf dearly_ This will be your mailing lobel For returning the completed form. téompony -::m~ - - - - - - - - - - -- -, Daytime phone I Mall-( j íVélU-1- l0rdl.s , \\"1.(.. I 132é:J z.:--c 10 1-- . I I IIf\ 2,% ille. S I I Cily . s,~ Zip Code I ~illilrtLfu¡~_~__~O~___/ $ I P'5t'?Jb~ . \ J\f\tJ Pcoiect ow"", of . . Add,"~ fX' . tl-k.¡ & ,-J~ ~)L lolo8 Did you hove employees work onlhis pro¡eç!? ;gJ. Ye:~ DNo If no, who did the work? Proiecl number City 8- ~ \ZJ&'pin Slote: rrvJ Zip code .5<o?'>14 Check the box that describes your involvement in the proíed and fill in 011 information reqvested.t ~ Sole contractor o Subcontractor Nome of c:ontJodor who hired you Addre~ o Prime contractor-if you subcontracted out any work on this project, 0\1 of your subcontroctors must file thelf own IC134 affidavits and have them certified by the Department of Revenue before you con file YOUf affidavit. FDr: each subcontractor you .hod, fin inlhe information below and attach a copy of each subcontractor's certified IC~134. If y~u need more spoce,-ottoch a separate sheet. BU5ine5SC nome Addre~s Owner/Officer , declare Ihat 011 ¡nFormelion I have Fined io 00 thü Form isc true and complete 10 the be5t of my knowfedge and belief. I authorize the Deparfment of Revenue to discl05e pemnent informotion relating to this project, including sending copie5 of ¡his form, to Ihe primecontrodor if 10m a 5ubconlroctor, and 10 any 5ubconfrccfof5 iF I om 0 prime contractor, and 10 Ihe controding agency. ¡ co~1!}i;¡'"J.0ru'0Jvv.J . ~C.n~fJ'·. LP~;3-a:; Mati to: MN Dept. of Revenue, Withholding Division, Moil Station 6610, $1. Paul, MN 55146-661 0 Certificate of Compliance Based on records of the Minnesola Department of Revenue, I certify that the conlrador who has signed this certificate has fulfilled 011 the requirements of Minnesoo Statutes 290~92 and 290.97 concerning the withholding of Minnesofa income tax from wages paid to employees relating to contract services wilh the 51ate of Minnesota and! or ¡Is subdivisions. Deppr/¡nent of Revenue8fii'PIovo} Dole- J;.1~;¿;¡7'~' .11/' '~;.-;;;~ ("",... ;:' "~._ ,... ¡<.,.~ ;.r~~UIi" Sloçk No. 5000IJ4 [Rev. 11/99) pnn¡..d on re-cyded po;;;;~~;¡:_c~'Õ%"'¡;~k~~~~;':'~' "",~tB \";1'9 .oy-Ðawd ¡ok. a:a:I "'''' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOW 00 00 0 0 0 0 0 '" q 0 0 0 0 0 0 0 '" ZI--(J) ¡:,I'" 0 <Ó cD Lri 0 '" ;r; 0 0 0 0 0 0 0 CO; $0 ~<;¡ 0 '" '" .... 0 00. '" 0 '" 0 .,. 0 '" en oei: ~(ð o. en '" '" '" '" o. en '" '" '" q C') '" ¡¡; Ñ .,. Ñ ",. ~ .,¡ ¡¡; .,. oô .,. .,. ¡¡; .,; I-- ~ .,. .,. .,. .,. .,. .,. '" Z 0 0 -' -' w $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ±: q 0 0 q 0 '" q 0 0 0 q q 0 0 I-- N ...: ..; ~ 0 ... :; <Ó '" ex; 0 '" <Ó (J) c¡ '" '" en '" '" W :;) '" '" I-- 0 '" 0: 0 I 0 '" I-- e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 ::I: 0 0 0 0 0 0 0 0 0 0 0 q 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ò ::; .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. it 0.. ù.i::¡; 0 !;¡:O IL eg 0: 0 1--<1: I- Z:,,: ~ Wo: ::¡;O 0: IJ:I¡;: I- Z 0:0: 0 C¡O 0 <l:1L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci ci Ò 0 0 '" 0 0 0 0 '" '" '" 0 0 0 '" co '" "!. '" 0 '" '" '" '" '" "'. '" '" '" '" '" .,. ¡¡; .,. oô Ñ ¡¡; oô .,. .,. ¡¡; .,. .,. .,. .,. ",- .,. .,. .,. ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 0 0 0 0 0 C! 0 C! q C! 0 ci ci ci ci '" ci '" ... '" '" '" '" '" ~ 0 '" ~ ~ '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 0 0 C! 0 0 0 0;; ..; Lri ci Lri ~ Lri ci 0 ci 0 ci Lri 0 .,. .,. '" oo '" ¡¡; .... '" .... 0 0 0 .... '" .,. .,. ¡¡; ¡¡; '" .,. '" '" '" ¡¡; .,. .,. .,. .,. .,. I (J) IL IL LL LL a: LL 0 (J) a: (J) (J) 00 00 -' -' -' -' -' I -' « -' I -' -' -' -' W ...I ...I ...I <I: I -' -' I-- Z Z 0 w w 00 0 Z -' ¡¡: 0 Z I-- W $ $ w CJ ...I ¡:: I-- -' ~ 6 => > a: a: Z w « C') C!;z 0 « w w w ¡¡: $ > ...I a: a: I-- I- > a: Ó ~:2:CJ) ...I 0 CJ CJ w- w 0 ::;; I-- W Z ::; « I-- ::;;CJ ::;; ::;; CJ => 00 00 o -...I iii ::;;W I I '" I- ",I-' 00-' w I-- I-- O~ 0 W Z 0.. W Z Oo..W 0 wO -' ~ ~ NOO N a: a >- I-- 0 w WW$ ::;; -,I 0 W« w ...I CJ 0 LL LL ::¡; 0001- W I ¡¡:o ¡¡: -' => 0 0 e 0..1- CJ Z 0 ~ ""'o=> e ::;;0 I- z W -' . o¡S a: «0.. -' l- I- I-- m 1-""'« - 0 -' 1--- CJ 00 Z Z z «:! ëij W "'z 0 oo=> 0.. C?¡"":a: 0 :! a: W z 0 1-1-- W W 00 «001- 000.. 0. « $ I-w LL zO ¡¡: Z ::;; ::;; ::¡; a: ~ 0 0 Ow _w « gz 0 oa: wa: 00 0. =>a: ã. ::;; z z w zw -' -CJ -w !:: IL «I- CJW w -' 0 a:o 0 ¡¡¡~ => CJ 0.::;; 0 0 z Ó 0: ::::; -'w a: I- w -' -' t;oo I- 0. Z 0:0. 0 0 -' 0 0 iii -'::;; «w I- w:.: w 0 zo. I- ¡:: o¡S- z z-' <I: Z I- -,::;; $0 > Z' a:::;; 00 00 -=> « «-' I- ¡:: 0 ë::5 z:5 00 o~ a: ",W I- 0 - « W p.. :;)=> w w -:0 '" 0 <I: 00:<1: ::;; 00 wo Co 'Coil.. 0 0"", LLo. l- I- LLW « «$ I- 0 wwo: ::::; ""'zl- 0 N '" '" 0.. O¡;:z '" '" '" '" '" .... oo en ~ 0.. 0: 0 ~ <I: 0..00 II: II: I .,.'" 0 0 WOW 00 0 0 Zf-en 00 ci ci :;;:ü ~~ to '" ~ CO 0 o~ :!::(D .; f- CO '" Z 0 ü ...J ...J W :;;: 0 C! f- :I: CIJ G w ;:) f- 0 .,. II: 0 :I: 0 f- CO C 0 C> W 0 :I: 0 ci ci en ::; ä: e. W::;; 0 !;to II.. 08 a: 0 f-<C f- z~ U Wa: <C ::;;0 a: !H;¡: f- z a: II: 0 GO U <cu.. 0 0 C> 0 ci ci to to C> .; 0 C! CO o o ci to en ...J ...J <C Z ¡¡: '" 3z Ó N::2CIJ Z o _...J f- ",I...J Z Oe.W W WW:;;: ::;; OCIJf- ~ ~ ...,O=> II: 1--'« 0 e. U;:>¡"":a: ;¡: a: <CClJf- <C 0 a: II.. II: ~ Z Ó 0 0 Z f- W ¡:: f- U II.. <C Ua:<C 0 U WWa: ...J ::; -'Zf- to <C e. O;¡:Z f- e. a: 0 ~ 0 <C e.OU f- a:a:I ...'" 0 0 0 '" ,.... WOW 00 '" '" '" '" 00 IØ Zf-'" £::!~ M o:i o:i 0 N ;S:Ü ~'" It) '" '" '" O~ ::!:::CD ... ... ... 0> ,.... oi oi oi ,..: ....- f- '" '" '" '" "'... Z ~ ... ... ... "'* 0 ü -' -' W () () !!J Q) ;s: ::> ¡f!. ë;; <:: ... f- I " e- " () II! '" " 'E () .8 E C W ::> ::> 0> >-. 0 '" f- 0 0 '" () a.. ... E <:: ::> ... a: ë¡; " U> Q) 0 :r « ;¡ ::> ::J 0 f- '" 'E 0 C '" '" a: ::> .;; 0 0 0 e U> 0 ~ ... ù.i W W w 0 0 CJ '" E s:: :r Ò Ò () « a.. ::J f- f- f- t/) ... ... -' U> 0 « « « ::ï '" E " " " () a.. -' <C a: ùi:;; 0 f-O IL ct(,) a: 0(,) 0 f-ct f- Z:.:: (,) Wa: ct :;;0 a: :tl;: f- z a: a: 0 "0 (,) ctlL 0 0 0 0 Ò Ò cD CD ... '5 0 CO) ~ .. ô 0 ë;; '" 13 ø ... ~ E () 'C 'E ,g ë;; () 0 ø > <:: Ü 5 ë" .2 - 0 'C 13 'C <:: 13 '" ~ Æ () () ~ õ '" 'ã. () <:: E '" '" <:: 0> >-. 'E () 0- <:: 'E '" "§ '" 0 <:: 0 0- 0 <:: () <:: 0 () -" ~ E () .!: 'C Õ ::> >-. () <:: ã. '" Q; '" -" 'C ::> () 0- () ~ () 'iii 'C ,5 <:: '" > 5 .<:: 0 ::> >= >= >= ::> '" f- ~ >-. 0 .<:: 0 -" 'C m m m .;; 13 .E u; Õ 'C () ~ ~ ~ 'E () -" 0 () U> 'C "§ 0- 13 >-. 'E E '" .;; U> 7ã 0 ~ >-. 'C e () 0 'E '" 0 'C ë;; '" O-~ 0- '" ,5 £ 0 U> '" '" ü (J) .E () ø '" ~ () () .<:: 0 :ê () ,5 0, .'!::: '1: () 'C Q; 'E <:: '" o ;. () ~ '" U> :£ () ::> <:: 0- ~ '" 0 () .2 'C 0 'C .... CD'" () >-. -' ~ <:: ë;; ë¡; 13 '5 '" ~ CD CD ct 0 0 .2' U> ~ 0- m8 13 'C 0- ~ Z :E >-.- U> .8 .... 0' ~ "" -" is 'ë '" N a..;:!: ¡¡: 'E ~ 0 '" '" 0 'C 0 <:: () CD '" IZ'" 0 7ã ~ -" ::> ~ '" CD a.. CD CO) è';z ü .E () ::> .E '" WW'" U> 0> Z Ó 'C :2 > '" ",CI):;: ....Z CI»Z cO:;:'" () ~ 0 7ã £ 0«:;: z <:: () .E 0 ~ -,W:.:: ~:;: o --' 0 "?WI f- ",I-' 0> <:: ~ >-. 7ã 13 -'>a: .... - Z oa..w ï!! ;. () '" 0- W«« ~" ~CJa.. e> 0 0- ~ W wW;s: () 0 ;. .8 '(3 'E ;S:Ia.. X=> Cl)Ww :;; O"'f- 'C () '" '2 f-f-w 00 IL-'CI) :.:: .<:: () 0 0-'0 ~ "?O=> a: <:: .<:: 0 ,5 U> ::> Ü =>æ..... m-' ::> - U> () E I .Ü ~O,,? f-"?« 0 E 'ë ~ «"....;¡; ü. a.. '?~a: () ,5 () wq~ ;: .<:: ,g 0> () .<:: a:...;s: -",f- a: «CI)f- f- .8 .~ '" ,5 f- f-~ ",a..CI) ü",CI) 0 Oct 0 IL -a: a: ~ m f- W Z Ó 0 r 0 0 z f- 0 Z 0 ~ f- (,) ¡W IL W W W (,)a:ct 'i!::O f- :;; > (,) ",t -J ..J f- :;; 0 WWa: -' :¡¡ ::ï "?Zf- ·,;ct c( ¡: 0 a: a.. O;:Z it- I- m (,) a.. 0.. a: 0 ),00 0 ::> W 0.. c( 0..0(,) 1!'IIíf- f- f- t/) II: c( REQUEST FOR COUNCIL ACTION DATE: Julv 25. 2005 Engineering Tyson Hajicek, PE Attachment: Y¢s or No , ORIGINATING DEPAR1MENT DEPARTMENT APPROVAL AGENDA ITEM 2005 Cloverdale Area Improvements PREVIOUS ACTION Approved payment No.2. RECOMMENDED COUNCIL ACTION Approve for payment No.3. FISCAL IMPACT $114,579.53 COMMENTSIRECOMMENDATIONS None. X:\S\stjoe\common\D39 Req Council Action\0405 pmt 3 072505.doc SEH July 25, 2005 RE: St. Joseph, Minnesota 2005 Cloverdale Area Improvement SEH No. A-STJOE 0405 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens, Administrator St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment NO.3 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Larson Excavating Contractors, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. c, jmw Enclosures X:\S\stjoe\040500\specs\APlrO.doc Sno~t: ¡SWett HeITlaf'idc;:¡on ¡!!'s., 1200 25th .lwerme South, F:O. Box [717, S::. CioucL rv1~"¡ 5630:2- in? .',;"--' I;, ""', e<'U;-.'.: :':'~):'<"~.:.''''¡'~\: £,,--:,;,;>,~,. v..">.'.'¥.,.,.:,,"_,~·:,'·"ry"...C:~l;r-, ',', , e:e:J: II) 0 0 0 0 0 0 0 ... 0 0 0 WOW 0 0 0 0 0 0 0 0 0 II) 0 0 0 Zf-CI) '" Ó Ó Ó Ó Ó N cO <ci C'Ó ... Ó :;:0 :> Õ5 0 0 0 II) 0'> '" '" II) II) ... 0 O~ 0 Ì" ... co ~ '" '" r-- ... 0'> co ... ~ fI7 fI7 fI7 C\Î fI7 fI7 fI7 '" fI7 fI7 fI7 f- a: fI7 fI7 Z "- ° ;¡¡¡ 0 <I: UI a: <I: 0 0 0 0 0 0 g 0 0 0 0 UI 0 0 ~ 0 0 0 0 0 0 0 ..J J: ... <ci C'Ó ex; ... cO ... .,; ex; cO <I: CI r-- ... ... CO CO ... '" '" ~ II) II) 0 ::> '" a: 0 UI a: > J: 0 f- ..J "'0 0 eUl 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 0 II) 0 0 r--J: Ó Ó Ó Ó Ó N cO Ó C'Ó ... Ó 0 ~CI) 0 ë;¡- fI7 fI7 fI7 II) '" '" '" fI7 0 CO fI7 '" O..J r-- <ï> r-- ~ ~ '" "- fI7 fI7 fI7 fI7 fI7 rr. '¡¡:E 0 ~o u. 08 a: 0 f-<I: 0 0 0 0 0 0 f- z\<: ~ 0 0 0 0 0 0 Ula: <ci ... cO .,; cO <I: :Eo '" ... ... co '" a: H!:= '" f- Z a: a: 0 ClO 0 <l:u. 0 0 0 0 0 0 0 ... 0 0 0 0 0 0 0 0 0 0 0 "' 0 0 ó ó ó ó cO cO cO <ci C'Ó cO Ó 0 0 0 II) co ... '" II) II) ... 0 '" '" <ï> '" CD "'- ... 0'> co II) <ï> fI7 fI7 C\Î fI7 ~ fI7 '" fI7 fI7 fI7 fI7 fI7 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 N N C'Ó ,.: cO cO ... .,; N cO '" :;: ... co co co '" ~ "' "' '" 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 ~ <q 0 0 ó ó ó ó cO C'Ó C'Ó <ï> ~ C'Ó .... 0 0 0 II) fI7 fI7 fI7 fI7 fI7 fI7 ~ ~ <ï> r-- fI7 fI7 fI7 UI W J: J: f- t t 0 0 0 f- UI W 0 0 u. >- >- >- u. oc oc « « Z Z Z 0 0 c Z f- f- UI W :::; :::; :::; CI) CI) CI) :::; '" ò z Z f- CI) CI) CI) Z J: ° W ::> w ::> ::> w W UI CI) t3 f- ° tü ° ° f- a.. :E <I: ::> W z z z w ã: ID e: e:e: oc ~ f- ::> ~ ~ ~ ..J OCl ID oc 0 Ow ° « "- Cl)z ::> f- Z ::> z~ ::> ::> z f- UI- e: CI) Of- f- 0::> f- f- 0>- W a: z~ (!) (!) Zw -f- -f- ->- :2. 0 ;!!;> (!) z 0° Oz IDZ o(!) IDZ ID« 0« wf- z oó f-w f-w !!;!oó Ww w::;: w::;: u. ",:E<I: ä: 1õ OZ ::>:2 ::>:2 >:2 >e: z e: >::;« >w >w OW 0 o _0 « ID « Ooc Ow Ow OlD Ow 0> 0> :2~ ...J:>< w ::> w O!Z ::;:> ::;:> :2OC :2> :2_ :2_ ~ O"-UI ..J oc ..J «« «« w::> W« we: woc w::> UlCI)Z ° (!) ° ocw CI)"- CI)"- e:ü oco.. oco e:o e:o 0 owo :::; ",>OCl) 0.. f-"'>a: '" '" ... II) co r-- co 0'> 0 ~ N 0.. u;>~<C ~ « <l:CI)..J a:a::r: CD 0 '" 0 CD 0 0 0 0 '" '" 0 0 WOW 0 0 0 0 0 "! 0 0 CD 0 CD CD 0 0 Zf-en .£:J 0 .n 0 ~ cD 0 oj 0 .n M 0 0 ;s:ü :> ~ ¡;; '" ..... '" '" O~ 0 CD '" '" "'- C\Ì Ò M ~ f- a: '" '" '" Z 11. ° ¡j!i ü < UJ a: < 0 0 0 0 0 0 0 0 0 0 0 0 0 UJ 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... :X cD 0 ..: 0 .n 0 0 .n 0 N ..: 0 0 < G '" 0 '" CD '" ..... '" '" "'- ~ CD 0 ::> cD M M a: 0 ~ UJ a: > :r: 0 f- ..... "'0 0 OUJ 0 '" 0 CD 0 0 0 0 '" '" 0 0 '" t:::r: 0 0 0 "! 0 0 CD 0 CD CD 0 " 0 ¡¡j!!1 0 .n 0 a; cD 0 oj 0 .n M 0 0 0 ¡;; ..... '" '" ~ '" 0..... CD '" '" 11. C\Ì Ò M ¡;; ä: W:;: '" '" 0 !;(O IL og a: 0 f-< 0 0 0 0 0 0 f- Z~ 0 0 0 0 0 0 0 UJa: ..: .n 0 .n N ..: < :;:0 0 '" CD '" ..... '" "'- ~ CD a: !tla;: M f- '" Z a: a: ~ ° GO 0 <IL 0 '" CD 0 0 '" 0 '" '" '" CD '" 0 0 CD CD CD '" ~ '" '" ~ CD 0 0 .n cD N oj ..: ~ '" ..: oj ..: 0 '" ¡;; '" '" '" '" ~ '" ..... '" '" '" '" "': ~ CD '" ~ ~ '" "< CD C\Ì ~ '" cD cD ;; ;; C\Ì ~ <fl '" '" '" '" <fl <fl <fl '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cD 0 ..: .n 0 .n '" M CÒ cD cD N CÒ '" 0 0 CD '" CD 0 '" ..... '" '" CD ~ '" "': CD '" '" CD '" ~ '" CD- Ò '" M ~ 0 CD ;; '" '" ~ 0 ;::. '" ..... '" '" '" '" ~ <q '" ~ CD '" CD ..... oj .n N '" ;; 0 cD cD M CÒ 0 ..: ;; ;; '" <fl ;; <fl '" '" <fl <fl 0 0 Z ;?; ..... 0 0 0 f- t t t >- >- ê3 >- >- >- IL :::> :::> >- >- 0 0 0 Z Z Z 0 0 0 en en en en en :J :J :J en '" Ó CJ >- >- ü z > > Z ..... < UJ E~ :'> < ;s: ÙJ 11. f- ¿ S2. c::- ;s: z CJ- <~ a: w w >- >- oð", t:: ~ UJ w w ZW WUJ W > > < W :r: :;: < en en -a: ;s:a: ~f- E E ;s: ..... co~ ;s: J ~ f- < < a::::> 0 ..... a: CD W '::> :::>CO Oc¡ CO CD <f- Zf- :2:3 0 W ~ W Z 11. enz w~ W Wx Ox W > oen Z < UJ- f-:2: ;s:- rJJo en f- E WW 11. a: z!;( f-~ z- :::>>:: :::> W W :J <G. <~ ",:2: :2: 0 f-O 0 "'w °0 ° a: f- a. Z ;!!;> CJCD CJCD Wa: W - IL >w ~en ;?;< z 0 ..... a: a: 0>- CJ ",:;:< Wen Wen .....en ~ Z W a:w OW ¡;; Z o .0 a: en a: en wa: wa: :2:f- ° > ~I= f-x 0 ",:r:x CJ< CJ< a.:::> a.:::> :::>a: :::> 0 < zl= :"0 ¡:: OQ.UJ CJ..... CJ..... >-0 >-0 t::o f- a: 0:::> 0:::> - a. o/! < UJ"'z <0 <0 f-ü f-ü COIL iñ ëc CJ OCJ OCJ ((jw 1L 0 oUJo :; ",>0", '" CD CD ..... '" '" 0 '" '" '" CD II. f-"'>a: '" ¡;; 11. ~"':<t ~ ~ ~ '" '" '" '" '" < <"'..... o:o::r: '" ~ CD 0 0 0 0 '" 0 CO '" CO WOW 0 q '" CD CO CO CD '" CD 0 0 '" 0 Zf-CIJ '" <õ 0 .0 M en ex; en N ex; en en :;:0 :> Cõ 0 CO ~ '" '" ..,. '" CD 0 CD O~ 0 ¡:;; CD '" CO ~ ..,. '" '" '" ~ CO CO tF> ,..: tÕ Ñ Ò as cri' tÕ ... tÕ t')~ f- a: tF> tF> tF> '" tF> tF> ~ tF> tß-: Z 0.. tF> tF> 0 ~ 0 <I: w a: <I: 0 0 0 0 0 0 0 0 0 0 CO W C! 0 0 0 C! 0 0 0 0 0 ~ ..J ±: ~ N .0 0 <õ en en .0 ex; .0 ~ <I: CJ ~ CO CD 0> I'- '" CD '" 0 :> t') '" t') CO co a: 0 w a: > :r: 0 f- ..J "'0 0 gw 0 0 0 0 0 0 0 CO 0 0 0 '" 0 0 0 0 0 0 0 CO 0 0 0 I'-:r: 0 0 0 0 0 0 0 M 0 0 0 0 ~() 0 ¡;¡- tF> tF> tF> tF> tF> tF> tF> CO tF> tF> .". '" 0....1 1'-. ä: 0.. ü.i:;: 0 !.;to u. og a: 0 f-<I: 0 f- Z~ C! ~ Wa: <õ :;:0 a: !::I== f- Z a: a: 0 CJO 0 <l:u. ~ ..,. 0 0 0 0 '" CD CO ..,. CO CO CD CO ..,. 0 '" CO 0 0 0> <õ ... .0 M 0 M en .0 ex; ,..: en '" CO ~ I'- 0 ..,. '" CD t') CD CD ..,. CO ~ t') ~ '" I'- ~ CO tF> ,..: tÕ Ñ Ò as cri' g ... tÕ ,.; tF> tF> tF> ~ '" tF> ~ tF> tF> tF> tF> tF> t') 0 0 0 0 0 0 0 0 0 I'- CO C! 0 0 0 0 0 0 0 0 CD ~ M .0 0 ex; .0 ai ,..: ex; ex; ~ '" CO CD ..,. 0> I'- 0 CD t') '" t') CO CD '" Ó Z f- Z W :;: >- <I: 0.. a: o u. Z o ~ o ::; 0.. 0.. <I: <I: f- OCJ ClJZ W- Z!.;t ¡¡;> ",:E<I: o _0 ..,.:r:X Oo..W W()Z OWO "':IO() f-"':Ia: CIJ....:< <I:()..J ~ ~ CD CD tF> CO o M '" tF> CD ~ ... '" tF> t') '" .0 t') tF> o CO en '" tF> o "": 0; tF> oo CO o '" CO C! ~ :::; ::0 CIJ 0.. :::; ::0 ..J :r: o « W t Z :J t Z :J t Z :J f- U. Z :J f- u.. Z :J f- u.. Z :J t Z :J (!) Z ëë W ~ :;: w ° (!) Z ¡::: ~o: xw w:;: OW f-CIJ f->- 00: w« Zf- Z- OZ oC73 cr: w :;: w CIJ >- 0: « f- Z <I: CIJ", is''' _ ..J ëoO 0: W :;: >- W 0:0: CIJ ¡:o e. ~ æ Z-r- «a: <e"- !:::o. me: ZOO WO-«LÜ o..cr:OCIJo OW~Ü> :c:;: =1t 0: owa::_ w T'""Cf.)O~(J) >- 0:", ¡:Ot') _0: zO «CIJ CIJ . 00: >w 0..:;: _ w ëoCIJ >- 0: CD ¡:O'" _0: zO «CIJ CIJ - 00: >w 0..:;: _ w ëoCIJ >- 0: «", f-t') -0: Zo ~CIJ ocr: >w ~:;: . w ~CIJ >- 0: «CD f-'" -0: Zo C73CIJ ocr: >w ~:;: ~~ CD '" I'- '" CO '" '" '" o t') '" t') t') ..,. t') t') 0; ~ t::: 1'-. :r: o « w « w ~o -l 0:' 0 «oo :r: f-"" Z z~ c:( «0 :::; CIJ:r: :r: f-Z f- 0« 0.. ::0:::; ::g 0:0: t). W ~« z:;:oO: ow'7~ () (J) Sw '" CD t') t') I'- t') ai oo tF> t') ..,. in CD t Z :J t ,Z P , 0.. o 0: OZ wQ Of- -0 ClJw f-z ::Oz ?o ëoO I'- t') a:a:I It) " " 0 0 0 It) It) It) '" '" 0 WOW 0 0 0 '" 0 0 "1 '" " ~ "- It) "! Zf-OO ~ u:i ,-: ci ci tõ cD ... o;j on u:i '" :¡:o :> '" ~ .... .... "- CD CD '" ~ It) 0« 0 '" It) '" 0 "- '" "'- 0 .... .... u:i u:i M cD cD a: a: ~ ~ f- '" .... .... .... .... .... .... Z D.. .... 0 ;¡¡ 0 « w a: « 0 0 0 0 0 0 0 0 0 0 0 w q 0 0 0 0 0 0 0 0 0 q -' :i: '" ... ci ci ci .,.; on ,-: .,.; cD ~ « G ~ ~ " 0 :;) It) a: 0 ~ w a: > I 0 I- -' "'0 0 ~w 0 0 0 0 0 0 0 0 0 '" 0 '" 0 0 0 0 0 0 0 0 0 '" "': "-I ci ci ci ci ci ci ci ci ci .,.; 0 ¡;;¡!2 '" 0 .... .... .... .... .... .... .... .... .... It) " N 0-' '" ~ D.. .... ~ a: W:;; .... 0 !;:8 u.. a: Co 0 1-« 0 0 I- z~ 0 0 0 wa: ... " « :;;0 0 a: lli;¡: ~ I- Z a: a: 0 GO 0 «u.. '" " 0 0 CD It) It) It) '" It) 0 ~ '" ~ 0 CD '" " ~ '" 0 0 ,-: ,-: 0 ci .,.; cD ... o;j on ,-: ci It) tõ '" ~ '" CD CD '" '" 0 '" '" '" '" 0 '" '" "'- "1- CD .... .... .... M cD cD M CD- ~ u:i .... '" .... .... .... .... .... .... .... " 0 0 0 0 0 0 0 0 0 0 0 q 0 q 0 0 0 0 0 0 0 0 ~ ... ci " .,.; on ,-: .,.; on ci ~ '" '" ~ 0 '" "'- It) '" ~ 0 0 '" It) '" It) Oi '" 0 '" '" ~ 0 q " '" " " "! ,-: 0; ~ " ~ on " on ~ o;j ~ '" '" 0 .... '" '" It) '" CD co ~ .... ¡¡; '" .... 0 '" '" CD .... .... .... t\Î .... .... .... .... I I I f- f- I I I I I t.:: 0 0 0 u.. u.. 0 0 0 0 0 « « « Z Z « « « « « Z w w w :¡ :¡ W W W W W :¡ '" Ó 6 ° x x x z w -' 0 0 (!) Z f- 0 I- W W 0 !D !D Z !D Z !D >C Z 0 0 ¡::: w w oð 00 wa: Z Z 00 0 0 :;; « oð ;;: Z '> w <to~ !!2w <C <C X >- I- W >- :2: <C OG >- (!)wo >s: w w w a: <C s:CD a. w D.. "'z s: WOOO ~w a: > > Oz 0 OO>C w- 0'" a.::><c w ...t ...t a: zl- 0 woo f- ~ ~ f-- I- a:w >a: ou..oo f->- 1-« 0 z« > a.O IOw <C I- 0:2: 00 wa. u.. -> a. 00 . 0: 0 oðo: :¡: Z w W !D a.>- ",:;;« CD ~ - z~ <C !;: I- WO: 0: a.f- z "f-- a. zw 0 o -0 "'''' XO xo> «- a: <C ::> o - "IX xO: _ Z _ Wa: WZ ¡s 0 (!) (!) Z!;: 0 ??J; ~ OD..w _ 0 oW Q....JUJ ...t<C . '" >- 8s: w"'z ëooo ~'" ~Woo 000 "'It) I '" ëo ~ ;-a. 0 OWO ;:¡ "70", D.. 1-"7 a: co '" 0 :0: '" " It) CD '" '" '" D.. u:'¡..:< '" '" " " " " " " " " « «(1)-, a:a:I wow Zf-U) :;:0 O~ f- Z o o :> o 0:: 0.. ;¡æ <C w 0:: <C w ...J <C Q 0:: w > o ...J o It) o o '" .r o u.. 0:: o f- o <C 0:: f- Z o o ::i: CI ::> o 0:: :I: I- It)Q ~w "':1: ~UI (;¡- O...J 0.. W::;; !;¡:O Qg I-<C z~ Wo:: ::;;0 !tl== 0::0:: ClO <Cu.. '" Ó Z I- Z W ::;; ~ 0.. 0:: o u.. Z o ¡:: <C o ::ï 0.. 0.. <C <C I- OCl UlZ W- Z!;¡: ;¡:> 1t)::;;<C o .0 ...:1:>< Oo..W WUlZ OWO "'>°Ul 1-"'>0:: Co?t-=<c <CUI...J It) o o ~ ¡g ex> "! ~ ex> ... .,. o o cD ~ '" '" .0 '" ¡;; o o ... It) ... '" '" ... .,. o o .0 ~ '" ex> cri ... .,. I ü <C w 0.. o f- U) 0.. a: o ü ~ o It) '" '" m '" ~ .,. o '" cD '" o ,.: '" .,. o "! o o .,; '" It) .,. o o .0 '" '" It) '" '" .,. o >- o U) Z o ¡::: <C ...J :::> U) Z M ú; ex> ~ '" ú; Ñ .,. o q o '" o o o .,. ex> '" cD '" It) '" .,. o o cD ". 00 00 ... <Ø o Z :::> o 0.. 0:: W f- « ;::: zU) oCJ II:~ w~ ::::!¡¡: f-z ü_ ::>« 0:;; '" It) o o o .,. o o o o o o .,. o o o o o Ñ .,. o o o o o Ñ o q ¡;; t Z ::ï II: W f- «:;; ;:::w >-tJ a:>- «U) 11:>- O...J 0..0.. :;;0.. w:::> f-U) '" It) t Z ::ï '" o o '" Z CJ ¡¡¡ w o W 0.. ë: ü 11:> o ...J ~ü ... It) ". '" oi 00 00 Ñ ¡;; o o cD '" '" ". '" oi 00 00 ",. ~ .,. o o cD '" CD '" ... ,.: ... It) .¡- ¡;; o o cò o ... '" It) o N .,. t Z ::ï CD o o '" Z CJ ¡¡¡ w o W 0.. ë: o 11:> o ...J ~ü It) It) o o o .,. o o o .,. o o o ... It) .,; It) ... Ñ .,. o o '" N ... It) '" '" .,. t Z ::ï CD o o '" Z CJ ¡¡¡ w o W 0.. ë: ü 11:> " ...J ~O CD It) o o o .,. o o o o o o .,. 00 ex> .0 It) It) .,. o q 00 00 .0 It) It) .,. I o <C w ~ Z o II: 0..0 «II: w« 0..:::> ë:CJ üI II:U) - « ëoll: ~f- ... It) 00 '" .0 ... '" .,. o o .,; '" '" ,.: ~ ~ Ñ .,. o o '" 00 '" .0 ... ~ '" .,. o o .,; CD CD cò It) q ¡;; I ü « w I Z wº CJU) «w zO -w «a: 11::::> Of- f-ü U):::> ZII: Of- üU) 00 It) o It) ... '" It) ,..: .,. o o .0 o ... ... ~ It) .¡- .,. o o .,; o '" ... '" It) ô ¡;; o o ,.: o '" ... o <q, ~ <Ø I ü « w cb CJ .q- z é;: Z ¡:: wº ~w Ô <!:1m X....J- «w WO!;;: zO OI > ë(~ .....z « is=> b:¡¡ ~ f-b w:;; w CJ)=> Za: 0 Za:æZQ Z Of-oOf- 0 üU}vOCf.) Il. '" It) ... '" o '" It) .,. o q o o o .,. ... '" o '" It) .,. o q ... '" o '" It) .,. :I: ü « w o CD o o o .,. o o o o o o .,. o o o ... .¡- .,. o o '" ... '" o o .0 '" o >- :::> ü o o o .,. o o o o o o '" 00 00 cò '" CD .,. It) o o '" ~ ". '" .,; It) .,. o >- :::> ü <õ ~ N ...Jü 0- .11: 0.. en ~Lt o..w -...J 11:_ :;;~ Ow ~b «w II:CJ N CD O:O:J: '" 0 0 0 0 0 0 0 0 0 0 0 WOW 0 0 0 0 0 0 0 0 0 0 0 0 0 2f-OO f:!:' 0 0 0 0 0 0 0 0 0 0 0 ~ü :> ~ <F> <F> <F> <F> <F> <F> <F> <F> '" <F> <F> 0« '" 0: 0 Ñ f- 0: <F> 2 Q. 0 i!!æ ü <C W a: « 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 ....I J: 0 0 0 0 0 0 0 0 on 0 0 <C CI I'- 0 ::> ~ a: 0 W a: > J: 0 f- ....I "'0 0 0 0 0 0 0 0 0 0 0 0 0 '" E!w 0 0 0 0 0 0 0 0 0 0 0 0 I'-J: 0 0 0 0 0 0 0 0 0 0 0 0 ~oo <F> <F> <F> <F> <F> <F> <F> <F> <F> <F> <F> (;I- N 0....1 ä: Q. Iii:;; 0 !:to 11- oS a: 0 f-« f- z~ 0 Wa: « :;;0 a: !:J== f- Z a: a: 0 ClO 0 «11- 0 ~ 0 0 0> '" 0 '" 0 0 0> 0 '" ... CO '" ~ CO ... 0 0 '" 0 có cD r-: .,; on r-: ...= 0 cD .,; 0 I'- 0 CO '" '" CO I'- ro '" CO ... '" ... '" <F> 0> '" ~ ... '" Ñ <F> <F> <F> <F> <F> <F> Ñ <F> <F> <F> <F> CO 0 ... 0 '" 0 CO CO 0 0 0 0 0 "'": 0 '" 0 '" CO 0 0 0 0 0 0 0 .,; C\Ì 0 C\Ì on 0 .,; ... CO '" ... 0 CO '" '" '" "', ~ M Ó Z f- Z W :;; >- <C Q. a: o 11- z o ¡:: <C o ::; Q. Q. « <C f- OCI rJ)Z W- Z!:t æ> ",:;;<C o .0 ...J:X oQ.W WrJ)Z oWO ",,000 f-""a: ~¡..:<C «rJ)....I o o o ¡;; o '" r-: o U) <F> ... U) C\Ì <F> o >- ::> ü W a: ü « o 2 ::> o "- > ¿ ~ o 0: 0: o CD ....I Õ 00 "- o f- CI 2 is W W 00 W 0: ::> ~ :¡¡ o W W 00 ... CO U) CO CO CO '" ~ ~ CO <F> W 0: ü « ~ 0: « 0: o "- :2 W e. CI 2 is W W 00 I'- CO '" '" C\Ì <F> o 2 ::> o "- W~ 0:>- ::>0: f-« ~o: :20 0"- W:2 WW ooe. CO CO CO I'- on o ... <F> CO I'- on o ... <F> 2 o f- 2 o f- .j « ã:~ w"- !;;:>- :2f- J:f- üO ....I~ ::>2 :2:2 0: W N ::; ¡:: .j 0: « W - -u. CCW>-....J Wa..a:c:( f->-«_ <Cf-O:ü :2 00: J:b"-W üO:2:2 ...J_w.:::2: ::>2f-0 :2:2:;::'ü 0> CO i2 t: u:; o <F> o o C\Ì <F> '" ~ C\Ì <F> o ~ ,...: <F> o 2 ::> o "- f- U. 2 ::; f- u. 2 ::; o >- o 00 >- > L5 f- :r: ....J~ W f- O<C "- W 0::2 >- w2 ('I)~....J t-: ü« g:ÕÜ W...,JZffi >-ü~ üü« f-2f-" ¡¡¡~ffi::J~""'Ow u.;.:f-OUJOëij><:: 1-1-~a:~eO~ ::!:)c:(Q>-ZCC....J OOO:2CDcn:2WCD '" I'- '" I'- ... I'- a:a:J: Lt') 0 0 0 0 0 '" WOW 0 0 0 0 0 0 CO 0 Zf-(J) ¡¡j ci ci ci ci on .,; s;ü :> <17 <17 <17 <17 r-- 0 O~ 0 - <17 0 r-- ..: f- a: .... Z 0.. '" 0 ~ <17 Ü < W a: < 0 0 0 0 0 UJ 0 0 0 0 ~ ... J: ci ci ci ci < e¡ C ::;) a: 0 UJ a: > J: 0 f- ... "'c 0 ~UJ 0 0 0 0 0 '" '" 0 0 0 0 0 0 r--J: ci ci ci ci ci 0 0 ~'" 0 ¡;;¡- <17 <17 <17 <17 <17 ~ '" 0'" CO ä: 0.. eS Iii:;: '" 0 !;(O ~ ... u. c8 a: 0 f-< f- z~ 0 Wa: < :;:0 a: W;;: f- W . Z a: a: 0 e¡o 0 <u. 0 0 .... a:J 0 CO 0 0 to .... 0 CO ci ci on oj ci .,; 0 0 ~ (') 0 '" Lt') '" ;;; <17 to '" <17 ... <17 .,; '" .... ... r-- 0 0 .... (') 0 0 0 "': (') 0 ci ci ci oj ~ '" Ó Z f- Z W :;: >- < 0.. a: o u. z o ¡:: < o ::¡ 0.. 0.. < < f- Oe¡ "'z w- z!;( 1!:> ",:;:< o .0 ....J:>< oo..w w"'z OWO ,0", f-'a: Co?¡":<c <"'... o o ci "' <17 o o ci "' <17 J: ü « W J: ü « W W "- Ç:: Z o ¡:: ü W f- o a: 0.. f- W ...J z« W "- >- f- Z o e:; § ~ W 0 6 J: a: ü "- Z f- « W ü ...J (J) Z ü i5 "' r-- to r-- r-- r-- .... ": c; ~ <17 o o on r-- <17 .... ": c; ;;; W a: ü « (J) a: :::> o J: W a: ü « - 00::- e:; Z:::> c Z ¡¡: ~ ië Cë _W ü ,^ O>-w¡¡: ~ J:a:S;f- "" ü~CI)W W ZOf-S; t::: « Q... IJJ W ..J ü:;; W "- « u:>wŒ:>- .... -f-f-f- 0 C _CI) _ f- a:J 0> r-- r-- o:o::r wow Zf-CI) ;¡;0 O~ f- Z o o :> o 0: 0- ;;¡¡¡ < W 0: < W .... < o 0: w > o .... o '" o o N ä: o IL 0: o G < 0: f- Z o o ±: CI => o 0: I f- "'0 !¡!w ....I ~'" ë;¡- 0"" D.. Ü;:;¡ !;j;0 og f-< Z>:: Wo: :;¡O tlJ;;: 0:0: ClO <IL C') Ó Z f- Z W :;¡ )0- < D.. 0: o IL Z o ~ o ::; D.. 0- <I: <I: f- OCI "'Z w- Z!;j; :!:> "':;¡< o -0 ..IX OD..W LIJ"'Z OLIJO ""0,,, f-""o: '9...:<[ <"'.... Lt) o o ~ o iñ '" :;¡ LIJ f- ~,~ ~if- líiI¡g '" co .,; o o ,-: ,¡~ ... '" co .,; o o ,-: .. C') ... C') o Ó ~ co Ô N ~ ... C') o Ó ~ co Ô N ~ ... co co .,; C') N 0> N .. ... 0: W o 0: o LIJ CI.... Z< <l:f- IO Of- Lt) CO to C\t LÒ Ó o Lt) o '" ,,~ r--: ... ~ '" ... .... .... .. '" CO I.Ö LÓ Lt) .... tOO mLÒ C\t ~ C') C\t .... .... ~ #: O!e, ë <D ::> C> o '" ~ "æ '" ¡¡¡ '" 0: e '" CJ :ß .... <D '" ( 1â'E1ã ° ~ C .8>'0 () 8!.- ð rn CD ::> "" §.~ C o <D - E è: § « '" 0 :ß E ...Jc:c (') Lt) ai ,... Lt) ~- ... ... .,. w ~ o 5 õ !;! E -g "§.g .<D~ .§ 0 c5 "'C "'C ë 13 o Æ Õ Q) CD ctS ~ c.. Q) !:: E ..... øc..§D'I>''E ëctSo1~~o ~as.~~õ.g r;Ji-c3ë.(I)Q5 ~~~.ê.~:5"g 5jgol-~~~ '>õ'~ "C~ Q.e~o ~ ë 13 os; .~ ëiige e~ <ti C/') ë c.. (I) -5 ;5 8 æ ctS (/) 0 (;) ._~ ø Q) .~ Q) "'C :5 Q) ID ~§ê UJ:§ OQ).Q ~>. è5§1a "5[ 13 "'C .~ c.. ~.::.:::õ .~.s §~~ §~ ~.E2 .E~ ~ Q5 .s =ª' 0 0) ~ Q) ëii õ '~0P> c..e CD - 'õ "'C Q) .ê "ë ë c: = u ~ 0 :;:¡ (fJ E () ~ E =ë Q) $! ì==g.a :5~ uj Õ ë <D ~ E '" ;>."0 ~~ ¡z .S <D .J:: 0, :!::: o ;;: Q. ~ "0 .8 "æ g '" ~ ;>.- .D 15 "0 () " .D ~ ::> ~ '" 8 (õ .>< ¡;;. 5 Q. ;;: .8 <D '" ,s <D <D :5 æ .¡: '" \' w ~ o :>: m o .. CJ ~ ~ Lt) f- Z « :;¡; ~"'O 000: Xo:0 wO~ 50~ CCJ)~g UJa:C't)O ....:5::;:1: f- :E III => '" :>: m .... ;;:: ~ c\r o '" to Lt) Z ....:;¡; r::: CI~ o ~=> W XO o 0--' Z:rIllU LlJwOf-' :;¡CI)D..CI) :;¡ o o LIJ a:: w ~ o '" :>: m '" to to o .0- .... '" :r ¡g Ct.. Z ~ :;¡; o :r -0 Ct.. L'COW ~tOCI) Cf.tOo "-X-o OOf- O>-aJZ LlJt:O<c >UCt..Cf. I I MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement ARMER/911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Alcohol and Gambling Enforcement 444 Cedar Street· Suite 133· Saint Paul, Minnesota 55101-5133 Phone: 651.296.6159 . Fax: 651.297.5259 . TTY:651.282.6555 www.dps.state.mn.us RECEIVED 1 JUL 2 8 Z005 Date: To: From: CITY OF $T Ji:J~,ªj§H Subject: July 25, 2005 Chief Law Enforcement Officer / Grant Coordinator Alcohol and Gambling Enforcement: Frank Ball, Scott Stewart, Brian Kringen "Underage Access to Alcohol" Grant Year # 7 Application Thank you for your grant application to this division for funding to conduct alcohol compliance checks and/or alternative enforcement activities in your area. Due to the overwhelming number of applications that we received this year, it was a difficult process to choose the agencies that we would fund this year. Also, a delay occurred in the notification process as a result of the impending state shutdown that occurred this year. Nonetheless, we are now able to contact those agencies that requested funding for purposes of curbing underage access to alcohol. We thank you for your time and patience in this process. We are happy to infonu you that your application was approved for grant funding this year (July 200S-May 31, 2006). Due to the mauy agencies approved, grant committee members may have made a decision which resulted in providing you with less grant money than you requested (particularly in the case of alternative enforcement activities). If this was the case, we apologize for any inconvenience that this may create. ¡:/) Approval for activity: :51". :kSE¡Pr{ - Compliance Checks $ $ 2000. 0° - ~ Alternative Enforcement Please note the following important items for this year: The end of the contract year is May 31, 2006. All work MUST be completed by this date. (No exceptions) All request for payment invoices MUST be received by June 14, 2006~ All agencies should hoÌd their invoices for payment until ALL work is completed and ready for p.ayment. Upon receiving invoices, we will I· assume that no further work will be done, and what has been submitted will be forwarded to Finance for payment. Any invoices I received after that point will be disregarded and will not be processed. EQUAL OPPORTUNITY EMPLOYER Enclosed, please find three (3) contracts for each approved activity. Please note that each copy MUST be signed by the Chief Law Enforcement Officer (police Chief or Sheriff) AND by the City Clerk and/or City or County Administrator. Also, in the area stated # 2 "Grantee", (on signature page # 4), the title of the signor also must be indicated. Without these signatures and titles, we will be forced to return the contracts again to be acceptably completed which will delay in the start of your activity. All three copies MUST be signed and returned to this office and NO WORK can be started until the departments copv of the contract has been returned with a "eo-ahead" letter from this office. It is important that the grant contracts be returned to this office in a timely manner and that all three (3) copies be returned for the Division Director's signature. When he has affixed his signature, again, the law enforcement agency copy will be returned to them and then, and only then, can your department begin the work. Anv work started before that point will not be reimbursed. Attached, please find a form titled "State vs. Local Ordinance Verification Form". This must also be completed and included in the return mailing of the contracts if you have been approved for funding for Compliance Checks. This form indicates whether your agency will be using State Statute for civil penalties assesses to a licensee for illegal sale to a minor, or using a current local ordinance. If you are using a local ordinance, we request a copy of that ordinance indicating the penalties assessed. Should you decide to not do the work that you have been approved to do, please notify this division as soon as possible (in writing and by phone) so that the grant dollars encumbered for your department can be redirected to an agency that was initially denied funding this year. Thank you again for your participation in this year's Underage Access to Alcohol Grant Program. We look forward to your participation in making a difference in our communities in denying youth access to alcohol. If you have any questions in this regard, please feel free to contact any of us for assistance. Attach tape here DPS GRANT CONTRACT ROUTING FORM Office of Fiscal and Administrative Services 444 Cedar Street, Suite 126, Town Square INSTRUCTIONS: Form must be printed on yellow colored paper. Box I for grant processing must be completed by the division. Box 2 for shell development must be completed by the division. Box I-for !rant DrocessiDI! aDd entrY into CTS: i Grant Contract #: c¡ ì Cì{) -&;/.0 Lj CTS Sequence #: I Division: Alcohol & Gambling Enf Effective Date: 07/01/05 Grant Program Name: En£ Underage Drinking Law Expiration Date: 06/15/06 Grantee Name: S1. Joseph Police Dept Amendment #: · 1. Division Contact: Scott Stewart Date forwarded: , I 2. Division Grant Liaison: Scott Stewart Date forwarded: ¡ 1 3. Division Purchaser: Jenny Bakalich Date forwarded: , , ( Date received Date approved 4. Accounting Officer: T (~f-- · , If an intra-agency grant: Review by .,. i Accounting Officer for division receiving the grant , 5. DPS/FAS Grant staff: I , D Approved to send to grantee for signature , D Make corrections and approved to send to grantee for signature , D Revise and resubmit to DPS/FAS Grant staff · MS16A1C 0 Need one o Have one Date 6. Signed grant received by DPS/F AS for encumbrance and execution: 7. Grantee signature date: 8. Commissioner or Delegated signature date: 9. DPS Grant staff encumbers and executes grant: Distribution of 1;rant contract: Ori1;ina1 to DPSIFAS and copies to Division Contact for the 1;rant. Box 2-for shell deve10 Division: Shell name: Division Contact for shell: Alcohol & Gamblin Enf EUDL Scott Stewart Effective Date: Ex iration Date: 07/01/05 06/15/06 At'i"NUAL PLAN GRA1~T CONTRACT ENCUMBRANCE WORKSHEET State Accountin Information: PO#: Agency: P07 Total Amount of Contract: Fiscal Year: 2006 Vendor Number: Amount of Contract First FY: $2,000 Obj," Cod" 5BOO Object Code: Object Code: Amount $2,000 Amount: Amount Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 300 910 Fund: Fund: . Appr. Appr. App:r: OrgISub: 9119 O<glSub, iligISub, Ropt ""!g' 911 0 Amount $2,000 Rept Catg: R:f:ptCatg: Amount: Amount Contract Start Dare: Expiration Date: July 01,2005 June 14, 2006 Obiect Codes: 5AOO Counties 5BOO Cities 5COO School Districts 5DOO Hìgher Education 5EOO Other Gove=ent 5FOO . Inter-Agency 5GOO Non-gove=ent 5HOO Individual Contractor Name and Address: City of St. Joseph . St. Joseph Police Depaltment Po Box 268 St.Josep1:!.:MN 56374 Soc. Sec. or Federal Employer LD. No. 41-6008146 Minnesota Tax J.D. No. (ifapplicable)802I257 This Page Contains Private Data Do Not Circulate DO NOT REPRODUCE OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT I " 1 This grant contract is between the State of Minnesota, acting through itsComrnissionerofPublic Safetv. Alcohol & Gambling Enforcement Division. 444 Cedar Street. Suite 133 Town Square, St. Paul. MN 55lot5133 ("State:') and the City of St. Joseph, St. JosephPolice Department. PO Box 268. St. Joseph, MN 56374. ("Grantee"). ' Recitals 1 Under Minn. Stat. § 299A.OL Subd2 (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 Justiœ to enforce underage drinking laws by prohibiting the sale or consumption of alcoholic beverages by minors. i 3 The State is in need of alternate enforcement activities by local jurisdictions to address underage persons ill possession of alcohoL ¡ 4 The Grantee repreænts that it is duly qualified and agrees to perfoTI1l all servicesdescnòed in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract ' 1.1 Effective date: Julv 1. 2005, or the date the State obtains all required signaturesunder Minnesota Statutes Section l6C.05, subdivision 2, whichever is later. i The Grantee must not begin work nnder this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Represltltative to begin the work. . 1.2 Expiration date: June 14,2006, or until all obligations have been satisfactoriy fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contraê!: 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 investigations of adult providers of alcohol and underage use of alcohohs spebified in Attachment A, which is attached and incorporated into this grant contract The approved investigaÙon is for investigation of under aged drinking as indicated in attachment "A". 2.2 Report findings back to the State using the State approved reportingJOTI1l. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license iS$ler to impose penalty pursuant to Minn. Stat. § 340A.4l5. 3 Time The Grantee mûst comply with all the time requirements descmed in this grant contract. grant contract, time is of the essence. , 1 1 In the perforniance of his I 4 Cousideration and Payment 4.1 Consideration. The State will pay for all servic", performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount notto exceed$2,000. forreimbursement of officer actual overtime. includIDg fringe benefits, forconducting independent investigations of adúlt providers of alcohol and underage use of alcohol under this progr.¡m. (2) Total Obligation. The total obligation of the State for all compensati011 and reimbursements t6 the Grantee under this grant contract will not exceed$2.000. Two Thousand Dollars and noll 00' s dollars. 4.2 Payment (1) Invoices. The State will promptly pay the Grantæ after the Grantee presents an ltemizedinvoice for the services actually performed and the State's Authorized Representative acepts the invoiced services Invoices must be submitted timely and accordIDg to the following schedule: ' Ite1J].ized invoice and report must be filed together, in arreaE, and within 30 days of the period covered by the invoice for work satisfacbrily performed using the form titled "Grant Program Adult Pr~Vider , FY06 AP Investigation 07/05 Investigation Invoice for Payment Form" provided by the State and attached to this grant contract Fi al invoice and reports must be received bv the State no later than Julv 14, 2006. (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant con ct will be made ITom federal funds obtained by the State through TitleJuvenile Justiœ & Delinquencv Prevention CFDA number 16.727 of the Department of Justiœ Act of 1974 Sec. 261 262 Public law 9 -415 and amendments thereto. The Grantee is responsible for compliance with all fedeal reqniIements imp sed on these funds and accepts full fmancial reponsibility for any requirements imposed by the Grantees ailure to comply with federal reqniIements. 5 Conditions of Payment All services provided by the Grantee under this grant contact must be performed to the State's satisfaction, s determined at the sole discretion of the State's Authorized Representative and in accordance with all applica Ie federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for w rk found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representáive is Scott Stewart. Pro 'ectCoordinator 444 Cedar Street Suite 133 To n Square. St. Paul MN 55101-5133. or his successor, and has the responsibility to monitor the Granted performance and the authority to accept the servic3 provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for pa The Grantee's Authorized Representative is Peter Janskv. Chief, PO Box 268~ St. Joseph. MN. If the Grant e's , Authorized Representative changes atany time during this grant contræt, the Grantee must immediately noti . the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assg" nor transfer any rights or obligations under this grant con ct without the prior consent of the State and a fully executed Assignment Agreement, executed and approv d 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 willnot be effective until it s 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 failurrooes not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiatims and agreements between the Sta e and the Grantee. No other understanding regarding this grant contract, whether written Ð oral, may be used bind either party. . 8 Liability .. . " The Grantee must indemnify, save, and hold the State, its agents, and employees harmless ITom aÌ1y claims r causes of action, including attorney's fees incurred by the State, arising ITom the performaIDe of this grant co tract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal rem dies the Grantee may have for the State'sfailure to fulfill its obligations under this grant contract. 9 Statè Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accoUIitingp1'ocedures d practices relevant to this grant coutract are subjectto examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, fcr a minimum of six years ITom the end of this grånt contract. 2 Grantee will also comply with all federal audit requirementsspecified in Attachment B, which is attached and incorporated into this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant wntract, and as it applies to all data created, collect d, received, stored, used, maintained, or dsseminated by the Grantee under this grant contract. The civil remedi s of FY06 AP Investigation 07/05 Minn. Stat. § 13.08 apply to the release of the data referred to in this clauseby either the Grantee or the State. , ! If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immed1atey notifY the State. The State will give the Grantee instnctions concerning the release of the data to the requesting party before the data is released. i 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 Grantees employees and agents will not be considered State employees. Ally claims that may 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 way the State's obligation orresponsibility. i ¡ 12 Publicity and Endorsement. . 12.1 Publicity. Any publicity regarding the subject matter of this grant contractmust identifY the St~te as the sponsoring agency and must not be released without prior written approval from the StateS Authorized Representative. For purposes of this provision, publicity inchdes 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 serviods proided 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 Venne Minnesota law, without regard to its choic(>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 jurisdictDn in Ramsey County, Minnesota. 14 Termination 14.1 Termination by .the State. The State may cancel thisgrant contractat any time, with or withoui cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to paymettt, determined on. a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract ifit does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannQt be continued at a level sufficrnt to allow for the payment of the services covered here. Terminatio~ 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 effeciive date of terminatDn.· However, the Grantee will be entitled b payment; deteIÌ:nined on a pro rata basis, for services satisfactorily perfomied to the extent that funds are available. The Stdtewill not be assessed any penalty if the grant contract is terminatrl becanse of the decisiön of the Minnesota Legislature, or other funding source, not 10 appropriate funds. The State must provide the Grantee notice of the)aok of funding within a reasonable time of the State receiving that notice. . 15 Data Disclosure , . " , . Under MUm. Stat. § 270.66, and other applicable law, thé Grantee consents t"disclosure of itssocial security number, federal employer tax identificatim number, and/or Minnesota tax identification number, already provided : - '" c' . _...._'~ .' ._ . . _ :' tô the State, to federal aId state tax agencies and state personnel involved inthe payment of state obligations, . These identification numbers may be used in the enforce.nent of federal and sta1e tax laws which coUld res1llt in action requiring the Grantee to file statetax returns and pay delinqnent state taX liabilitie~ if any, or pay other state liabilities. . FYO~ AP Investigation 07/05 3 1. ENCUMBRANCE VERIFICATION Individual certifles that funds have been encumbered as required by Minn. Stat. § 16A.15 and 16C. 05. \~'- ~~'N.A.Ù l-\~~\JS 91~-tADL\ Signed: Date: Annual Plan Graut Con1ract No. 2. GRANTEE 3. STATE AGENCY By: (with delegated authority) Title: Date: The Granteecertifig that the appropriate person(s) have exeaJ.ted ihegrant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: FY06 AP Investigation 07/05 Distributioil: DPSIF AS Grantee State'':; Atiiliorized Repi"eseutaive 4 - ; .. MINNESOTA DEPARTMENT OF PUBÙC SA.FETY DATE: 04/27/05 Year #7 ATTACHMENT "A'; (f) Alternate Enforcement Application Department Name: St. Joseph Police Department . Department Address: PO BX 268, St. Joseph, MN 56374 Department Phone Number: 320-363-8250 Chief Law Enforcement Officer Name: Peter E. Jansky Grant Funding Coordinator Name: Peter E. Jansky Grant Coordinator Phone Number: 320-363-8250 Federal Employer ID #: 416008146 Mn. Tax ID#: 8031257 Anticipated date(s) when Alternate Enforcement activities will be conducted: 1.) September/October 2005 2.) AprillMay 2005 3.) Describe type of Alternate Enforcement Planned: To break up parties at local party houses I where alcohol is being sold and served to underage persons. We have set up atwo person team to work in an unmarked patrol car. Tills team works the party houses to specifically target and , arrest alcohol violations. To assist with large gatherings where alcohol is being used and served to underage personsie: Homecoming, Pinestock, Senior Fairwell. . . Number of Officers needed for each Activity:2 Number of Total Hours for Activity: To work the two man team for party houses would involve the following: 2 Officers working Shours shifts for 12 days = 192hrs Additional informatìon or comments: St. Joseph is home to the. College of St~ Benedict an~ St. Johns University. We also come in contact with students from St. Cloud State University: and St. Cloud Technical College. The City of St. Joseph has more than 30 party houses and i , .'! apartments. On any nice weekend evening, there can be as many as six to eight parties going ,lOll. Over the years we have fOUIld that most of these persons at the parties are UIlderage. In the past year alone we had at lease three students transported by ambulance with high BAC's. Underage persons caught are cited and sent through the court system. Persons who are caught . selling or providing alcohol to underage persons are also cited and sent through the court system. The St. Joseph Police Department has a zero tolerance on alcohol violations. Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subreci ients that are state or local overnments non- rofit or anizations or Indian tribes i If the grantee expends total federal assistance of $500,000 or more per year, the grantee ag~ees 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. I Audits shall be made annually unless the state or local government has, by January 1, 1 ?B7, 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 19B? or administrative policies in place prior to - , January 1, 1987. For subrecipients that are institutions of hiaher education or hospitals If the grantee expends total direct and indirect fedéral assistance of $500,000 or more per year, the <. .. ; grantee agmes to obtain a financial and compliance audit made in accordance with OMB Circular Ä-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 .Iocal government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Actiliities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). ¡ 1 I The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AI CPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the auqit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the statu~ 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. I i 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 grantorto compiy with the Single Audit Act Amendments of 1996 and OMS Circuiar A-133. I 5. Grantees offederal financial assistance from subrecipients are also required to comply with the Sin'gle . Audit Act and OMB Circular A-133. (04/03) Exhibit B., Page 2 f 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 offederal assistance for at least fo r years. 8. Re uired audit re orts must be filed with the State Auditor's Office Sin Ie Audit Division a d with federal and state a encies rovidin federal assistance and the De artment of PUblic Safe within six months of the Qrantee's fiscal vear end. OMS Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy ofth 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 ([2/04) ·..-_." .-;J ----."---..,..-....-.... .--- 0, " Læt name Page 1 of2 3101 Illy Fee PHI i Ched< No. F'nIv!ous IaWlUI gambling 8XIIJIIptian number X- "f?Jðk7 SfsieIZip Code ð? Daytime phone number of C¡¡:O CI.>'tII- 4ø de.. 1 32(7 )?,S'(:? - 7?"f' z i Daytime phcne number of treasurer. (:320') 85'1' W¥'tí> N '¡:( off Name of veasurer First name Lmt name -¡;¡ ....-:-::- -' Type of Nonprofit Organization Check the box that best describes your organization: ' o Fraternal 0 Religious o Vetaran 0 other nonprofit organization I Check the box that indicales the 1:/P6 of proof your organlzalÐn allached 10 this ar>pbtion: i o IRS latter indlcalîng income tax exempt statUs' i æ:¡ Ge!tllit:ate of Good Standing from the Minnesota Se::retary of Slate's Ofiìœ¡ (...... '$+ be. ~ o A charter showing you are an affiI'lS!è of a parent nonprofit organiZation o Proof prevlousiy subrnil:ted and on file wiIh the Gambfing Control Beam Gamblil'lti Premiseelnformatiolt . . Ns._ œp.·s:nìse\l wr.....~inJI ~wI be """¡uded (I!Y.~ !t!t!!le oì!e¥i!!1e!1i!!!!e ~ wi! - pi!!œ) . AdliTes$ (do not use PO box) C~ ~ A/A/ ~ .4Y'd ~ ..:7éifE'A ' Date(s) ofadMty (for rafI!e&.1nd1cale the dat& oflOO drawing) .a Z/ d '?COS- Cheët the Ix»c orbo>.el;!hat ildicatethe type of gambing actiWIIyyour organizatiDn wi be COIIdudlng: o 'Bingo 1&1 RallIes (çash pri<es II1fi not exœed 512,000) 0 "I'8dt'.-........... 0 *Pull-Tabs "Equ¡pment1orthese 9CIMIIe5 must be oblalned mm a licensed dIsIrI>uI<Ir. This form wUl. be made avaPable In Your name and and yourOlanlmtion·s aIII!I:native ronnat (Le.1arge prfn!, Braie) nameandadr:ùsswlbepubl:>kd",."aiiOIl upon request.. The inIUrmaIIon requested wilen reœiVed byllte BoanI. .AllOO oilier on thi& fomI (and any aII:acIImeIIIs) wi be Informalion !hat you provide wi be prM¡te usad by the Gambling Control Board daIø _you unti lite BoaR! ÌISbIIS your (Bœrd)todet",,.,¡,.eyourqualllc:ationsto permit. When the Board issues your be ImIoMId In lawful gambi1g açtïviio$In penni" aD oftbe ì6l..."m... lhatyou- Minnesota. You h3118 tIt8 ~htD refuse to provided to 100 Board In Ihe process of supØ(tlJelnÎln.....1ioh RIIIII!5IEd; howwBr, ~ foryourpermilwilbecOmepuÞic. Wyou reIiJseD GUpplylhi¡ .6I....aIion. lite 111he Board doIs not issue \IOU a permi:. Boan:! may not be able to deterlnlne your a11lOOÄ,fomllllionyou_pmWIedInIhe qu.øtL.lliOh8 ami. as a consequence, may IIDCI!SS of ~ for II permi; I8I1I'IIns refuse D issue you 8 penni. llyou supplý pñ\IaIe. wih the ~ af your nome till> Infarmation requesllld,1IIa Board d amlyourOlgMh.d&nI$_amlãddress be able D process your application. Which wi! remaiI pubic. Privaledstaaboulyou meavaiable only) ~Coœ Counly S:::øx: ,ç. i D~ I 1 lite 1uII:IwiI!9: oanH.ønbeIS. Sllllfofthe Board whoœ work eseIgnmenl requÌ8S !bat they '- acœss to 1IIe .601,_. 1IIeMinnesotaO'¡"'''.....ofPublC5&IìIIY: the Minnesota Attorney General; the Minnesota Commi$sloners of Admk.!lotl..m..." 1'"_ ami ReoienUe;II1e MInneSGI8 Legil/alile1Wc!llPl'. nal/l)'¡land InIemaIionaIgIII1bq regulalalyagencies: anyone pulSWlllt to court order; other indiYlduals anti agencies thaI are $>'" '" ~adhori<ed by siBle or federal .... to have ac:œse to 1IIe mtormalion; iìdiuiduaIs ami ,¡gentles for 1IIIII1c11 .... or 1egaI00000aulboo!ZeSa new useorshamll of ¡''¡¡''"..dIuII _1his Notice was gillen; and anyone _ your consent. ' "- ·It ~ ,,'i , ."-,, I\!'), _-1 ::J::. LG220 Appiicaiion for Exempt Permit .c".""- U:;'-- OIpnization Name _= -y",,;-.-;-/,# ?'¿ r",~",,/7d/./r¿:P > Loc:al Unit of GovemmentAcknowledgment If lIIe gambling prenUses is within ~ limits, the cII¥ must aiglllllls applñ:atlon. On behalf oflhe cJIy, I acknowledge this application. F'age2of2 3ID1 If 111!1 gambling prem!ue is IocaIød In a 1DwIIsh/p, both the CDIIIII.y and1DwR8ñlp nwstsigD this appIilaliœ. On behalf of the county, I acknowledge this appllcaliOn. Check lIIe aotion that the city is 1aking Oft this application. o :":ti.~íI:y SPf.~ the application with no gpe....... Check tile action that tbe county Is taking Oft IblsappliCatioft. 0, The county approves the application with no waiting period. O The city approves the application with a 30 day waiting peñod, and allows the Board to issue a permit after 30 days (SO days for a 1m class city). o The county approves the appllcalîon with a 30 day waiting perïod, and aI!cws the Board to issue ¡¡¡ permit after 30 days. o The city denies the appflcalìon. o The county denies the appli::aiion. PIInI name of cII;y Pllnt nama of county (S1gna\u1B of ci\Y personnel receÑÌIf applœllon) TItie (Signature of ÇOUI2tJ peIIIOIInel receIuìIg appication) TIlle DsIe---1---1_ TO\I\INSHIP: Onbeha!fof1!le~,i~fuat I the ~ is ~ibre:mn.pted ~1II:Ibi!1g adiVII\' 1t wilhÍß Ihê 1cIwnship imio.. !A toWnShÇ> has n" oIatUtOI)t ... ~ I aul!1<>riì¡lli:> ap¡>IO\I$ or deftI'M ~ (MM. Slat se::. ' It.. @ 34S.2t:¡. eubl!. 2}. , PIì1tname of~ , Date---1---1_ (SJgnaIure cflOoNnshiþ oII!cIaI acknoWledging appl!œñon) TItie Pale---.!---1_ Chief executive Officer's Signature The informaiion provided n th: ap~ ~Jete and ~ to the best of my knoWledge. G!JÏl!fexecutiva ofIiceI'esignalu ~ Name(plaasepri1t) Br; 0.,..." Ð r''-IA t+ Mail Application and Attachments At reasl45 days prior to your echeduled acIMty date send: · the completed application, · a C"'~'I of your proof of nonptOlil status, and · a SSQ'lPPIlcalion fee (make check payable to "State of Minnesota"). Application rees are not prorated, (efundable, or transfelable. Send to: Gambling Control Soard 1711 We$t County Read S, Suite 3110 South Rosevllle. MN !I5113 Dale 1--1 If your appiica\lon has not been acknowledged by the local unit of government or ha$ been denied, do not send the eppIicaIIon to the Gambalg Control Board. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION College of St. Benedict Variance Request DATE: July 21, 2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM College of St. Benedict - Variance Request, 6 foot variance on maximum allowed curb cut in a Rl Zoning District. PREVIOUS ACTION The Planning Commission conducted a public hearing on the Variance request of the College of St. Benedict. For your review the Planning Commission meeting material and draft minutes have been included in the packet. RECOMMENDED COUNCIL ACTION FISCAL IMP ACT COMMENTS/RECOMMENDATIONS Graeve made a motion to recommend the Council approve the six foot variance request of the College of St. Benedict based on the following findings: RESOLUTION OF FINDING The reqnest of the College of St. Benedict for a six (6) foot variance on the maximum size of curb cut in an RI Zoning District came before the Planning Commission at a Public Hearing held on June 2, 2005. The purpose of the hearing was to consider a variance to allow a larger curb cut opening. The property is legally described as follows: Lot I Block 1 College Addition St. Joseph Ordinance 52.12 Subd. 4 i) states: Residential lots shall have no more than a single curb cut providing access to the lot. The curb cut shall not be more than 24 feet in width. In consideration of the infonnation presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: St. Josevh Code of Ordinances 52.07 subd 2 (a) r11 states: "That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. FINDING: The College of St. Benedict completed an application for a special use permit to construct an expanded Single Familv dwelling unit. The request was approved bv the Plannim! Commission and City Council. Therefore. since an exoanded Simrle Familv use was approved. it was acknowled$!ed that the house would be more than a tvoicaI residence. St. Josevh Code of Ordinances 52.07 subd. 2 (a) r2l: "states that the literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the tenns of this Ordinance". FINDING: The Special Use Permit secured bv the College of St. Benedict is the onlv expanded Sim:!le Familv use in a Rl ZoninQ: District. Therefore rÜmts of other orop-ertv owners are not beill!! deurived. St. Josevh Code of Ordinances 52.07 subd 2.(al r31: "states that granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands in the same disnict" . FINDING: This vropertv is ooeratinf! tmder a soecial use. eXDanding the typical rights. St. Joseph Code of Ordinances 52.07 subd. 2 (a) [4]: "states that the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City". FINDING: To the contrary. not vrovidimr adeauate imrress/eilTess to the prooertv would be creating a hazard. St. Josevh Code of Ordinances 52.07 subd. 2 (a) [5]: "states that the condition or situation ofa specific piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to make reasonably practicable the fonnulation of a general regulation for such conditions or a situation". FINDING: If another property owner reouested an expanded single familv use it is likelv the same provision would be needed. It is unlikelv that a similar use will be reouested. St. Joseph Code of Grdinances 52.07 subd 2 (a) f61: "states that the variance requested is the minimum variance which would alleviate the hardship on the particular ' FINDING: The petitioner is onlv requesting the footage needed to provide for two-wilY traffic into the propertY. St. Joseph Code of Ordinances 52.07 subd. 2 (a) [71: "states that the variance woutd not be materially detrimental to the pU!poses of the zoning ordinances or property within the same zoning classification. FINDING: Again. the Council alreadv aonroved ap expanded Single Familv Use Therefore if the variance is detrimental to the zoning classification the use should not have been ~~d. I The motion was seconded by Loso. Ayes: Graeve, Loso, Lesnick, Kalinowski Nays: Utsch, Deutz St. Joseph Planning Cominission Extract of Draft Minntes J nly 5, 2005 College of St. Benedict Variance Reqnest College of SI. Benedict. Variance Reouest. Six-foot variance reouest on maximum curb cut: On June 2, 2005, the Planning Commission conducted a Public Hearing. At that time, the Commissioners requested additional infonnation. Weyrens stated that Jim Fredricks could not be preseut at this meeting. Graeve questioned the future plans for the remaining 60 acres of land. Weyrens stated that there is nothing concrete as of yet. There have been talks of that area being commercial or to have playing fields on that land. Utsch stated that he does not see any reasons to allow the larger curb cut. Deutz questioned whether or not they would then need a variance once the driveway is directed onto Field Street. Utsch also stated that there is no hardship. According to Loso, St. Joseph is the only City besides Sartell in the surrounding area that liinits driveways to 24'. According to Graeve, the area was zoned RI, forcing them into this situation. This is not going to be a nonnal house, as it is going to be used for many more things than just a residence. Graeve made a motion to recommend that the Council approve the Six Foot Variance request on the maximum curb cut in a Rl Zoning District. The motion was seconded by Loso. Deutz stated that the College created this problem themselves. They should have planned to have a 2- land road into the residence, rather than a driveway. Loso responded that they were forced into the R1 zoning and that they didn't have time to look at this ahead of time. Ayes: Nays: Graeve, Loso, Lesnick, Kalinowski Deutz, Utsch Abstain: Rassier The motion passed. I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION College of St. Benedict - Variance Request DATE: July 5, 2005 AGENDA ITEM Col1ege of St. Benedict - Variance Request PREVIOUS ACTION The Planning Commission conducted a public hearing on June 2,2005. The hearing was opened,; testimony was heard and the hearing was then closed. During the Commission discussion additional infom1ation was requested. Please see the infoffi1ation in your packet under item #6. RECOMMENDED PLANNING COMMISSION ACTION Please find enc10sed two proposed resolutioTIs - one approving the request and one denying the request. COMMENTS/RECOMMENDATIONS Since this is a land use matter and requires action within 60 days unless the City has a reason to extend the time frame an additional 60 days. Therefore, a recommendation should be made a this meeting. COLLEGE OF Saint Benedict April 21, 2005 Judy Weyrens, Administrator, City of Saint Joseph PO Box 668 Saint Joseph MN 56374 Dear Judy, As we discussed on the telephone, regarding the width of the driveway for the Presidents house, I'm concerned that an 18 foot width creates safety concerns. I believe 85% of the time the 18 foot width would serve us quite adequately. I am most concerned about the times in which we have a large gathering with significant traffic entering and exiting simultaneously. An 18 foot driveway width is quite narrow and creates safety concerns. To compound the problem several of these guests will be from out of town and therefore, will not be familiar with the surrounding streets/roads. The College of Saint Benedict very much appreciates the relationship we have the city of Saint Joseph. We also appreciate your consideration on this issue. Sincerely, ,:¿?'tru/] hæ.d¡':'¿/C:J James Fredricks j Chief Physical PlantlFacilities Management Officer 37 South College Avenue St. Joseph, Iv1N 56374-2099 WVv'W.csbsju.edu Affirmative Action/Equa! Oppoliunity Employers Planning Commissioner Variance Worksheet Please remember that MN Statute requires that the findings must illustrate that all of the items listed below are satisfied. 1, That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. Applicable: _Yes No If yes, please indicate finding: 2. That the literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the tenns of this Ordinance. ¡ Applicable: _Yes No If yes, please indicate finding: 3. That granting the variance requested will not confer on the applicant any spe6ial privilege that is denied by this Ordinance to other lands in the same district. Applicable: _Yes No If yes, please indicate finding: 4. That the proposed variance will not impair an adequate supply oflight and air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City. Applicable: _Yes No If yes, please indicate finding: 5. That the condition or situation of a specific piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or a situation. Applicable: _Yes No If yes, please indicate finding: 6. That the variance requested is the minimum variance which would alleviate ,the hardship on the particular property. Applicable: _Yes No If yes, please indicate finding: Planning Commissioner Variance Worksheet 7. That the variance would not be materially detrimental to the purposes of the zoning ordinances or property within the same zoning classification. Applicable: ~Yes No If yes, please indicate finding: I made a motion to recommend the Council approve the six foot variance request oft~e College of St. Benedict based on the fonowing findings: i RESOLUTION OF FINDING The request of the College of St. Benedict for a six (6) foot variance on the maximum size of curb cut in an R1 Zoning District came before the Planning Commission at a Public Hearing held on June 2, 2005. The purpose of the hearing was to consider a variance to allow a larger curb cut opening. The property is legally described as follows: Lot I Block 1 College Addition St. Joseph Ordinance 52.12 Subd. 4 i) states: Residential lots shall have no more than a single curb cut providing access to the lot. The curb cut shall not be more than 24 feet in width. In consideration of the infoIDlation presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following fmdings: . St. Joseph Code of Ordinances 52.07 subd 2 (a) rll states: "That there are exceptional or extraordukry circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordin~ry circumstances must not be the result of actions taken by the petitioner. FINDING: The College of St. Benedict completed an application for a special use permit to construct an expanded Single Familv dwelling unit. The request was approved bv the Planning Com.mission and City CounciL Therefore. since an eX1Janded Single Familv use was auufoved. it was acknowled2:ed that the house would be more than a typical residence. St. Joseph Code of Ordinances 57.07 subd. 2 (a) r2l: "'states that the literal interpretation of the pro~isions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other prope11ies in th~ same district under the terms of this Ordinance". FINDING: The Suecial Use PemIit secured bv the COne"e ofSt. Benedict is the onlv eXDanded Simde Familv use in a Rl Zoning District. Therefore rights of other proDertv o-wners are not being de1Jrived. St. Joseph Code of Ordinances 52.07 subd 2.(a) [31: "states that granting the variance requested win not confer on the applicant any special privilege that is denied by this Ordinance to other lands in the ske district". FINDING: This 1JIODertv is o1Jerating under a special use. expandil1!::! the typical ri2:hts. St. Joseph Code of Ordinances 52.07 subd. 2 (a) [4]: "states that the proposed variance will not impair an adequate suppiy oflight and air to adjacent property, or diminish or impair established property val~es , within the surrounding area, or in any other respect impair the public health, safety or welfare of th9 residents of1he City". FINDING: To the contrary. not Drovidin!2 adequate in!2ress/e'2Tess to the broDertv would be creating a hazard. St. Joseph Code of Ordinances 52.07 subd, 2 ( a) [5]: "states that the condition or situation of a speCific piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to make reasonably practicable. the formulation of a general regulat~on for such conditions or a situation". I FINDING: If another propeltv ovmer requested an expanded sinrrle fanulv use it is likelv the same provision would be needed. It is unlikely that a similar use will be requested. St. Joseph Code of Ordinances 52.07 subd 2 (a) r61:' "states that the variance requested is the minimum variance which would alleviate the hardship on the particular FINDING: The oetitioner is only reauestim! the foota2:e needed to vrovide for two-way traffic into the ro e St. Joseph Code of Ordinances 52.07 subd. 2 (a) r7l: "states that the variance would not be materially ,de~ental to the purposes of the zoning ordinances or property within the same zoning classification. FINDING: Ao:ain. the Council alreadv approved an expanded Sinde Familv Use Therefore if the variance is detrimental to the zoninQ: classification the use should not have been avuroved. The motion was seconded by made a motion to recommend the -Council deny a six foot variance of the College of St. Benedict based on the following findings: ¡ RESOLUTION OF FINDING The request ofthe College ofSt. Benedict for a six (6) foot variance on the maximum size of curb cut in an RI Zoning Distlict came before the Planning Commission at a Public Hearing held on June 2, 2005. The purp6se of the hearing was to consider a variance to allow a larger curb cut opening. The property is legally described as follows: Lot I Block 1 College Addition St. JoseDh Ordioance 52.12 Subd. 4 i) states: Residential lots shall bave no more than a single curb cut prov1ding access to the lot. The curb cut shall not be more than 24 feet in width. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following fmdings: i St. JoseDh Code of Ordinances 52.07 subd 2 (a) [!1 states: "That there are exceptional or extraordi~ary circums_ces or conditions applying to the property in question as to the intended use of the property that , do not apply generally to other properties in the same zoning district. TI1e exceptional orextraordiniry circumstances must not be the result of actions taken by the petitioner. FINDING: The petitioner created the use bv constructed an eXDanded Single Familv' DwellinQ' unit and should have requested auuroval at the time of reauestim!: the Suecial Use Hearing. I St. Joseph Code of Ordinances 52.07 subd. 2 (a) f21: "states that the literal interpretation of the pTo~is¡ons oft11is Ordinance would depIive the petitioner of Iights commonJy enjoyed by other properties in th~ same district under the terms of this Ordinance". FINDING: RI DroDertv ovvners are not afforded a larQ'er curb cut therefore the vetiÚoner is not being deurived ri2:hts. , St. Joseph Code of Ordinances 52.07 subd 2.(a) [31: "states that granting the variance requested will not I confer on the applicant any special privilege that is denied by this Ordinance to other lands in the same districf'. FINDING: Rl Propertv owners are lin1ited to a 24 Foot curb cut which is enforced bv the Citv of St. Joseph. St. JoseDh Code of Ordinances 52.07 subd. 2 (a) [4]: "states that the proposed variance will not impair an adequate supply oflight and air to adjacent prope11y, or diminish or impair established property va1µes within the sunounding area, or in any other respect impair the public health, safety or welfare ofth~ residents of the City". FINDING: i St. JoseDh Code of Ordinances 52.07 subd. 2 (a) [5]: "states that the condition or situation of a spedfic piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to ma1œ reasonably practicable the formulation of a general regulat~on for such conditions or a situation", FINDING: St. Joseph Code of Ordinances 52.07 subd 2 (a) r61: "states that the variance requested is the minimum variance which would alleviate the hardship on the particular FINDING: . St. Joseph Code of Ordinances 52.07 subd. 2 (a) rn "states that the variance would not be materially detrimental to the purposes of the zoning ordinances or property within the same zoning classification. FINDING: . The motion was seconded by I Attachment·, Yes or No REQUEST FOR PLANNING COMMISSION ACTION Discussion - Curb Cut DATE: July 5, 2005 AGENDA ITEM Discussion - Curb Cut PREVIOUS ACTION i At the June Planning Commission the Planning Commission considered a variance request from the College of St. Benedict regarding the maximum allowed curb cut. During the discussion Planning Commissioners requested additional information on the history of the Ordinance and if there is a reason for limiting the curb cut in RI Zoning Districts. For your convenience I have enclosed the packet material from 2003 regarding the same issue. . Since the Ordinance has been adopted we have only had one request to extend the curb cut. We 11ave had residents question if they could expand the size but once infonnation is provided they do not mo~e forward. As staff we discussed this item and it does revolve around the characteristics of a neighborhood and defining for safety were vehicles will be ingressing/egressing. Another issue is off street parking - if the lot widths are reduced or maintained at the minimum extending the curb cut will has the potential of limiting or prohibiting adequate off street parking. RECOMMENDED PLANNING COJV!MISSION ACTION COMMENTSIRECOMMENDATIONS Attaclnnent: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Frank Osendorf - Discussion on allowances for curb cuts in a Rl District DATE: June 2, 2003 AGENDA ITEM Frank Osendorf, Discussion on. allowances for curb cuts in a Rl Zoning District. PREVIOUS ACTION In 2000 the City amended the Zoning Ordinance limited all residential property to one curb cut that cannot exceed 24 feet in width, including the wings,' The amendment was initiated by the Planning Commission and was requested to help control ingress./egress in an effort to provide safer neighborhoods and provide traffic controls. RECOMMENDED PLANNING COMMISSION ACTION it COMMENTS/RECOMMENDATIONS Frank Osendorf recently purchased a lot in Northland and built a home with a three car garage. ill addition, he is pouring a cement slab to park a fifth wheel. It was noticed that Mr. Osendorf removed a large portion of curbing and when questioned he informed the City of his plans. Osendorf is requesting that the Planning Commission consider amending the Ordinance. City staff contacted the area Cities and questioned if they limited access or width of curb cuts. For your convenience the infonnation follows. Some Cities that currently do not have limits are looking at revising their Ordinances for safety and traffic control reasons. 2., College Avenue North' PO Box Phone )1.o,,6'.FOI Administrðtor udy Weyrens Mdyor Richdrd Corlbom Councilors AI Rossier Ross Rieke Renee Symðnietz Dale Wick CITY OF ST. JOSEPH www.cityofstjoseph.com July 18, 2005 Dan Schmitz 9825 - 328th Street St. Joseph MN 56374 HAND DELIVERED ....., , 7/ ~ ¡,. z4 .~ . ~ 7 - í:ð-';;;' OCJ !¡1 RE: 111 - 6th Avenue NE Dear Dan: This letter has been prepared to provide you with notice and information regarding a proposed suspension or revocation of the rental license for the above referenced property. This action is being taken because of an alleged violation of Ordinance No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on.J.~ 10, 2005 (copy enclosed) . :J..ti'j The St. Joseph City Council will review these allegations and consider appropriate action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conducted on Thursday, August 4, 2005 at 7:10p.m. in the St. Joseph City Hall, 25 College Avenue North. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross-examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or not the, alleged violation did in fact occur. ' ¡ If you wish to have an evidentiary hearing of this type, yoU must contact the City Clerk/Administrator in writing at least five days prior to the scheduled Council ! meeting. If a request for hearing is not received by the City Clerk/Administrator at least five days before the hearing, you will then be considered to have waived 'your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation (s) alleged herein and reported by the complaining party. " I If you waive your right to hearing, or if an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the Council will proceed immediately to consider a disposition, which may include 668 . Sdint. Joseph, Minnesotd FðX 12.0...,b., 0,42 ,6 74 Dan Scmitz July 18,2005 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing. if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action is deemed appropriate and you will be notified of this action at a later time. Sincerely, Judy Weyrens Administrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Pete Jansky RMS Report v Case Number: 05801072 Reported By: Officer Assigned: PFANNENSTEIN o See Complainant ~ ;- .. Badge Number: 7707 Supervisor Approval: How Rec'd: RADIO 1- Noise Violation Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Location of Inddent: 109 6th AVE SE 2. 3. Level of Offense: o P. Misd. 0 Mjsd. 0 G. M1sd. 0 Felony Date Incident Occurred: 07/10/2005 Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: SUNDAY Time Arrived: Name (Last, First, Middle) BJORK, TIMOTHY KEVIN Street Address: 69480 US HWY 12 Arrested: , DYes 0 No Report.2f a loud party at the above location. Arrived and could hear the laughing and voices co ning from the back yard all the way to the front street where I parked. I 10 the above male by MN [L as Bjork. Bjork was a renter at the property. They were given a warning earlier in the evening. SE e ICR 05801069. While we were speaking to the people sitting around the property, another renter carne out of the house whom I 10 by MN DL as Luethmer. Both were fairly cooperative, and I advised them that due to the time of night and number of complaints. A citation, would be issued for violating the city's noise ord. There was a radio playing inside the house and the occasional laughter all could be heard from the street. We also 'gave the a warning approximately 1 month prior to this date, wl'ich they admitted to being the same group, See related ICR's05801073-05801079. SignabJre (when required): (Camp, Parent, Guardian) . ._1 i~elated Case Number: 1 Word Document: o Yes 0 No ....,...." , , .,~ .-.." , '. .' , , , . I Attachment: Yes orNo REQUEST FOR COUNCIL ACTION Arcon Development - Escrow Requirement DATE: August 4,2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Reconsideration of the escrow requirement PREVIOUS ACTION , , , The Council previously authorized execution of the Development Agreement which included the s~curity requirements for site improvements. Rick Packer had stated that he would be completing the projett in phases which we did not have a problem with. The discussion never led to waiver of any of the requirements. Any change in the agreement requires approval by the City Council. RECOMMENDED COUNCIL ACTION FISCAL IMP ACT COMMENTSIRECOMMENDATIONS 07/29/2005 16:49 ARCON DEVELOPMENT ~ 13203530342 NO. 587 "002 I I' i ¡I ! i I I 7625 METRO BLVD. . SUITE 350. EDINA, MINNESOTA 55439· PHONE 952/835-4981 . FAX 9521835-00 E-mail: arcon@aroond...!opm....t.rom·www~pm...t.com July 29, 2005 Ms. Judy Wt:yr¢fl$ City AdmiDistrator City of St. Joseph P.O. Box 668 St. Joseph,:MN 56374 . . . ." . .. .... .~ n RE: GRADING SECURITIES RIVER'S EDGE Dear Judy: The purpose of this letter is to còi1firmom d!scussion and agreement yest:rniay, July 28, regarding the securities necessàIy to proceed with gndìng ìn our Rìver's Bend development. During our dìscussion it was agreed that Ar'...on would be aUowed to proceed to grade for two weeks under the security we have filed wìth the City in the amount oUI 00,200.00. . Thìs is based on an estimated, grading contractìn the amount of $460,000 X 125% dìvìded by 8, the number ofweèks I believe the project will take to grade. Thìs also corresponds with the amount of erosion control required for the project times 125%. We also agreed that this item v,.ill be placed on the Council agenda for dìscl.ISsion next Thursday, Aug¡;st 4th. The purpose of this will bè,to discuss ,changes to, our Deve1oper's , Agreement to.allow alternative methods of posting secmities. As"~ both know, this basi been an issue with Arcon sínce the original Developer's AgrÇenlent waS presented to Ìt$. ' Wisely, we decided to deal 'with this at a later time. I would appreciate it, if materials. are sent to the Coùncil prior to the meeting that these be forwarded to me. If you have any questions, please do not hesitate. to contact .me. W Rick Packer. Project M¡u:¡age;. Arcon Development, Inc. WE DO MORE THAN DEVELOP LAND.... WE CREATE NEIGHBOlŒlOODS DEVELOPERS - PLANNERS , CONTRACI'ORS CITY OF ST. JOSEPH DEVELOPER AGREEMENT (Developer Constructed Improvements) THIS AGREEMENT, made and entered into this _ day of ,2005, by and between Arcon Development, 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 River's Bend PUD, 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 apprbval ofa plat for a residential subdivision called River's Bend PUD. 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 of the plat subject to the conditions that the Developer enter into this Agreement, furnish the security in a fonn acceptable as required by the various provisions ofthis 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, w ter lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions ve been satisfied: (I) this Agreement has been fully executed by both parties and filed with the ity Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement h ve been recorded with the Stearns County Recorder's office; (4) the City has issued a letter that all conditi ns 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 bel w, (hereinafter Imown as the "Improvements"): Check all that apply: -L Site Grading -L Water Main -L Storm Sewer -L Holding Ponds -L Concrete Curb & Gutter -L Sanitary Sewer -L Sidewalks -L Bituminous Streets -L Street Signs -L Regulatory and Warning Signs -L Turning and Bypass Lanes -L On-site Wetland Mitigation -L Erosion Control x Bituminous Trail & Lighting The Improvements itemized above shall include all necessary appurtenant items of work as determined by the City. 3.2 Completion Deadlines. The Developer agrees to proceed with said the Improveme ts entirely at its expense, and to complete said improvements by June 30, 2006, except for fi al wear course which shall be completed by September 15, 2007. The construction docume ts 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. T e Developer shall make his engineer aware of the provisions in this Agreement. T e Developer's engineer shall: (a) Arrange for soil borings in accordance with Exhibit B and/or such other subsurfa e investigations as the City may require. (b) Prepare construction plans, specifications, and estimate in accordance with Exhi it B. 2 3.4 (c) (d) (e) (f) (g) ¡ Secure all necessary pennits including those required by the Minnesota' Pollution Control Agency, the Minnesota Department of Health, the Department bfNatural Resources, Steams County, or any other regulatory agency that has jurisdiction. Submit items one (1) through eight (8) on Exhibit "c" prior to beginning any construction in the development. I Complete an Environmental Assessment Phase 1, if necessary, and any other related environmental documents, reports, or studies as may reasonably be required by the City. . Provide all necessary construction staking and related survey work. Provide construction administrative services on behalf of the Developer; including the following: review shop drawings, coordinate construction staking, monitor pennit requirements, monitor site grading and erosion control work designated as developer's responsibility in Exhibit "D", process applications for paymertt, prepare 1 change orders, monitor completion dates, coordinate field issues with Contractor and Developer, coordinate issues for confonnance of work to plans and specifications, participate in final. inspection. Prepare operation and maintenance nianuals in accordance with Exhibit "B". Submit items nine (9) and ten (10) on Exhibit "C" in a timely manner during construction. Prepare record drawings. Submit item eleven (11) on Exhibit "c" ~o the City Engineer within 30 days of receiving field measurements from the City's on-site representative. (h) (i) Prepare and submit such other documentation as the City may require. The City Engineer shall: 1 , I Provide such City project standards, including special details, insurance rðquirements and specifications, as the City may require. (a) (b) Review and approve Plans and Specifications. (c) , , Provide a City Representative for resident construction observation of proposed public utilities and public streets throughout the construction period. i 1 Provide field information to the Developer for use in preparing record drawings. (d) (e) Conduct a final inspection and review final construction documentatior¡.. (f) Conduct location survey to develop Geographical Infonnation SerVices (GIS) coordinates for all manholes, valves, catch basins, and sewer/water serVices. 3 (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 s all, upon execution ofthis Agreement, place in escrow with the City cash or irrevocable lett r of credit in the amount of$25,OOO.00, which shall be applied to the payment ofthe cost of aid services. The City anticipates the consulting services shall exceed $50,000.00. Shoulc the above amount exceed the cost to the City, the City shall return to the Developer all um sed funds, including accumulated interest. Should the expense to the City exceed the a1 ove amount, the City will notifY the Developer of additional amounts to be paid into the esc ow account. The Developer shall fund the escrow account in the amount requested by the ity within 15 days after notice. No building permits shall be issued until the escrow accou tis funded as requested by the City. The Developer shall pay a reasonable fee for in-house administration of the developmen by the City staff and the City's consulting professionals to include but not be limite( to engineers, planners and attorneys. City administration will include monitoring of construction observation, consultation with Developer and his engineer on the status 0 or problems regarding the project, coordination for final inspection and acceptance, pro ect monitoring during the warranty period, and processing of requests of reduction in secu ·ty. The Developer shall pay for construction monitoring performed by the City's consul ing 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 Engin er. 3.6 Citvas Third Partv Beneficiarv. The City shall not have any direct contractual relationship with the Contractor, but shall be considered a third party beneficiary to the contract ente ed 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 1 he Improvements. 3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability 'lnd Broad Form Property Damage Irisurance including contractual coverage in the amount 0 at least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurar ce certificate shall be in a form approved by the City, and shall be delivered to the City at le.st three days prior to the commencement of any work on the Improvements. Such insurar ce shall remain in full force and effect through the end of the warranty period described in Section 3.12. The Developer shall cause each person with whom Developer contracts for the constructiþn and installation of any Improvements to provide evidence of insurance. Said coverage shµll include Contractor's General Liability, Owner/Engineer Protective Liability, Automob'le Liability, Contractual Liability, and Worker's Compensation coverage. The Developer or each person with whom the Developer contracts shall obtain excess or umbrella liabil ty 4 {"'. coverage of$I,OOO,OOO.OO per occurrence and $2,000,000.00 aggregate. The clty and the City Engineer shall be named as an additional insured on such policy by endorstment. 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 lmprovements pl~dged to be constructed by the Developer, then in that event, the Developer shall post wit11 the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the 'e+ 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 of the City Engineer, and the tenns of this 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 of the unfinished improvemJnts. If the construction contracts are under the control of one Prime Contractor, the Prime 'Contractor may provide the perfonnance security required by this section. ' 3.10 Labor and Materialman's Bond. Upon execution of this Agreement, the Develop~r 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 providirig materials for the lmprovements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of all laborers and materialmeri in the fomi of release, signed receipts, or lien waivers. If the Developer contracts with a single Prime çontractor, 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. 1 3.11 Warranty Bond. The Developer shall fully and faithfully comply with all the t~nns of any and all Contracts entered into by the Developer for the installation and constnlction of all The lmprovements and hereby warrants and guarantees the workmanship and m~terials for a period of two years following the City's final acceptance of the lmprovements. hi 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 workman~hip of the improvements for a period of two years following the City's final acceptance of the Improvements. If any claims are made in writing within the warranty period, th~ bond shall not be released until such claims are resolved. ' 3.12 Completion Date and Inspection. The work the Developer is to perfonn' under this Agreement must be done and perfonned by Developer in a good and workmanlike manner 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 rejected by the City or the City , 5 . . J!~ 11 Se...iliA,,"'" Nafu , ttT~~~~~J Ltd. Augu . 2, 2005 P.O..~ 1433 -VIA EMAIL-- St. C¡oud, MN 56302-1433 Ms. JudyWeyrens St. Joseph Administrator/Cleric 320-251·1055 25 North College Avenue To" ,...800-445-9617 St. Joseph, MN 56374 Fax 320-2S1R5896 rajhan@rajhan.com www.rajhan.com Frank 1 Rajkowsk.¡" Gordon H. Hansmeier Frederick L. GrunKe Thomas G. Jovanovich· Paul A. Rajkowsk¡- Kevin F. Gray William J. Cashman Richard W. Sobalvarro Susan M. Dege LeAnne D. Miller Sarah L Smíth-larkin- Troy A. Poetz Joseph M. Bromeland Gregory 1. Haupert . laurel J. Pugh Jason T. Brrtto .--..'. Re: Arcon - Escrow for :Rivers Bend PUD Our File No. 21957 Dear Judy: TIns letter is in regards to the request by Arcon Development, Inc. to modify the escrow provision contained in the developer agreement. The agreement provides that Arcon must deposit the security in the amount of 125% of the cost of all improvements addressed in the agreement, wInch includes grading and erosion control costs. The pUlpose of the security is to guaranty that the work is completed Ì11 accQrdance with City standards, and1hat the developer complies with all oftlle conditions of the developer agreement. The security can be reduced as tlle improvements are completed. The developer is proceeding with grading and erosion control at this time, with the bn1k of the improvements to be started several montllS later. It is my Uilderstanding that the : developer is asking for a reduction in the secmity required. I have no issue with limimig the security required now at 125% of all of the grading/erosion control costs, provided that the developer fund the secmity in full for the remaining inlprovement costs prior to the start date. However, I believe it would be adminis1Tatively unfeasible for the City to monitOr any further bifllTcation of the requiTed security. The risk is that the developer will proceed without fully funding the security, and the City will not have a sufficient resource for i completing the public improvements in the event of developer default. I believe that the developer is not overly bmdened by being required to fully fund the security, as it will be reduced as the improvements are completed I If you have any further questions, please give me a call. Very truly yoms, SMDlbaz IERLTD. By S Frank 1. RajkowsJâ and Rích;m:f W. Sobalvarro are admitted to pradiœ In Nt1fth Dakota. Gordon N. Hamme/er ill North Dakota and Wiswnsm, PaulA Ra]kowski and Sarah L Smith.f.arkín in IMscomin, and William J. Cashman In South DðlrotiJ. -Member of Amerkan Board of Trial Advocates. -Qualified ADR Nèuttal. .-.-...----..------...-------.--....-..---. -"-'-'."'.--'--' Attaclunent: Y es O(N~ REQUEST FOR COUNCIL ACTION DATE: Julv 27.2005 Engineering Tracy L. Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Northland Heights Bid Award PREVIOUS ACTION Ordered Advertisement for Bids and approval of Plans and Specifications on July 7, 2005. RECOMMENDED COUNCIL ACTION Recommendation to award bid will be based on evaluations of bids. Bid tabulation and recommendation will be provided at the August 4, 2005, Council Meeting. FISCAL IMPACT Per Feasibility Report presented on June 16, 2005. COMMENTS/RECOMMENDATIONS Bids are due August 2, 2005. Bid Tabulation will be provided on August 4, 2005. X:\S\sgoe\comrnon\D39 Req Council Action\0503 award bid request.doc CITY OF ST.OSEP www.cityofstjoseph.com 2005 NORTHLAND HEIGHTS ST. JOSEPH, MN Administrdtor Judy Weyrens BIDS DUE: TUESDAY, AUGUST 2, 2005 11 :00 A.M. Mayor Richdrd G"lbom Councilors AI Rãssier Ross Rieke Renee Symdnietz Ddle Wick 1 ERIN CONTRACTING INC COON RAPIDS, MN RANDY KRAMER EXCAVATING WATKINS,MN S J LOUIS CONSTRUCTION WAITE PARK, MN J R FERCHE INC RICE, MN RICHARD KNUTSON INC SAVAGE, MN KUECHLE UNDERGROUND INC KIMBALL, MN R L LARSON EXCA VA TING ST. CLOUD, MN BARBAROSSA & SONS INC OSSEO, MN 2,185,075.07 2 1,789,998.37 3 1,974,792.80 4 2,068,564.08 5 2,092,882.95 6 2,128,189.00 7 2,129,274.08 8 1., Coll,ge Avenue North, PO Box 668 Phone Fo.,6, For . Sdint. Joseph, Minnesotd ,6574 Fax ;20,6,.0;42 CITY OF ST. JOSEPH DEVELOPER AGREEMENT (City Constructed Improvements) THIS AGREEMENT, made and entered into this _ day of August, 2005, by and between Lumber One Development Company, LLC 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 Northland Heights, 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 ofthe 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 ofa plat 1 for a residential subdivision called Northland Heights. 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 fonn acceptabkas 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, w ter lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions bpve been satisfied: (I) this Agreement has been fully executed by both parties and filed with the ( ity Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement hflve been recorded with the Stearns County Recorder's office; (4) the City has issued a letter that all conditihns have been satisfied and that the Developer may proceed. 3.0 CITY CONSTRUCTED IMPROVEMENTS 3.1 Improvements. The Developer and all other persons having an interest in the Propert' or persons that may be entitled to notice of these proposed improvements and result' ng assessments (hereinafter the Owners) hereby petition the City to construct th se improvements itemized below, (hereinafter the "Improvements"): Check all that apply: --.2L --.2L --.2L --.2L --.2L --.2L --.2L Site Grading Water Main Stonn Sewer Holding Ponds Concrete Curb & Gutter Sanitary Sewer Sidewalks and Trails --.2L --.2L --.2L Bitwninous Streets Street Signs Regulatory and Warning Signs Turning and Bypass Lanes On-site Wetland Mitigation Erosion Control --.2L --.2L The Improvements itemized above shall include all necessary appurtenant items ofwor1 as detennined by the City. 3.2 Consent of Owners. The Developer represents to the City that it has obtained the writ! en consent to this petition to construct the Improvements :fÌ'om all Owners; that such conse ts are attached to the Development Agreement herein, or if such consents have not be en obtained, the name, address, and interest of each party known to the Developer to have an interest, is attached hereto. If, at any time prior to the actual construction of he improvements and/or assessment of the improvements upon the property, the Develo¡ er elects to transfer any interest, whether by option, purchase agreement or other transfer t a third party, it shall promptly give the name and address of such person, in writing, to the C ty Administrator, disclosing the interest transferred and the property affected. The part es holding a legal or equitable interest in the property comprising the Development are:L 2 3.3 Pavrnent of Improvement Costs. The City agrees to proceed with said Improvements. Cost ofthe Improvements will be paid as follows: ' The City will levy special assessments against the Property or development pursuant to the provisions of Minnesota Statutes §429.03l, Subd. 3. The Developer and Owners hereby waive their rights to Public Improvement Hearing and the Assessment Hearing nOITnally held in accordance with said Chapter 429. The Developer and Owners hereby waive th/:irright to , appeal said specia) assessment to the District Court pursuant to Minnesota Statutes §429.08l. The Developer agrees to pay for all costs of the improvements through special as~essments levied against the Property. In order to guarantee compliance with the terms of this Agreement by payment of real estate taxes, including interest and penalties, and payment of special assessments, the Developer shall furnish to the City a letter of credit in the amount of 80 percent of the special assessments assessed against the Property. The bank issuing the letter of credit shall be subject to the approval of the City Council. The security shall be for a term ending upon completion of payment of all special assessments. The City \nay draw , down the security, without notice, if the special assessments are not paid in full or if the special assessments are insufficient to pay the anticipated bond payment schedule which anticipates that lots will be sold and special assessments paid off before the maturity date of the assessments. Upon receipt of proofs at is factory to the City that development imd sale of lots are complete and special assessments have been paid in full, the security may be reduced with approval by the City so long as the amount of the security is no less than the amount of outstanding assessments against the development. , 3.4 F easibilitv Determination. The City has prepared a Feasibility Report outlining th~ proposed scope of work and estimated project costs. . 3.5 Development Costs. The Development costs to be paid in accordance with Section 3.3 will include all construction costs, engineering, consultants, legal, insurance, administriltive costs, fiscal costs (including capitalized interest), all costs incurred for the acquisition bfwetland replacements; cost incurred or time expended by City staff for conducting environmentaliwetland permitting; cost incurred or time expended by City staff for conducting environmental studies and assessments, ifrequired, and all costs invblved with the acquisition of easements for the Municipal Improvements and other contingent costs. If paid by assessment, the assessments shall be levied over a period of time and ilt a rate of interest to be determined by the City after financing arrangements have been completed. Costs to be paid in accordance with Section 3.3 shall include 100 percent of the costs noted above unless the City agrees through a duly adopted resolution of the City Council to pay for a portion of the improvement costs with City funds, or unless the City has determined through the hearing process to assess part of the improvement costs to other pr6perties. , 3.6 Sale Pending Assessments. Ifthe Development costs are assessed, and should the Developer sell any part of the Property or Development to another party prior to the assessment roll being filed with the County Auditor, the Developer agrees that said sale shall iinclude all pending assessments, estimated or actual, for the Improvements. 3 3.7 Rights-of- Way. Developer shall dedicate to the City as platted right-of-way or perpe ual easement all rights-of-way necessary to install, operate and maintain the Improvements, pnor to being granted the right to proceed in accordance with paragraph 2.0. 3.8 Ownership of Improvements. The Improvements will become the property of the Citywr1en they have been accepted for maintenance. Street lighting will become the property of the City when it has been accepted for maintenance. 4.0 FUTURE IMPROVEMENTS 4.1 Future Improvements. The Developer and City hereby acknowledge that cer1ain improvements, not included in the Improvements outlined herein, will have to be constructed at some future date to complete service to the Development. These improvements, knoW! as "future improvements" include the following: (a) Connection of 15th Avenue to County Road 133, including turn lanes on County Road 133 to be completed in coordination with and as approved by the Stearns County Highway Department by , 20_. . (b) Connection of Jasmine Lane to Northland Plat 8 to be completed by ,20_ 4.2 Developer's Consent to Petition. If a petition to construct any or all of the above fut re improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 425, is received by the City from affected property owners, the Developer shall be considered an automatic signer of said petition for all affected properties within the Developm nt remaining under his ownership or otherwise under his control, the Developer being deen ed to have waived his right of notice of hearing upon the necessity or feasibility of he improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost agai st property still owned by Developer. 4.3 Developer's Consent to Council Action. If the City, not having received a petition to construct any or all of the above future improvements, determines that construction of cert in future improvements is necessary and in the public interest, the Developer shall be considered an automatic signer of a petition for said improvement or improvements or purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signanµ'e shall apply to all affected properties within the Development remaining under þe Developer's ownership or otherwise under his control, the Developer being deemed to ha"e waived his right of notice of hearing upon the necessity or feasibility of the improveme t, 4 understanding only that they have not waived any rights or notice of hearing for tJie purpose ofan actual assessment or apportionment of said assessment cost against property still owned by Developer. 5.0 PHASED DEVELOPMENT lfthe development and improvements which are the subject ofthis Agreement are a portion of amu ti-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may nbt proceed until Development Agreements for such phases are approved by the City. 6.0 CHANGES IN OFFICIAL LAND USE CONTROLS For two (2) years ITOm the date of this Agreement, no amendments to the City's Comprehensive Plan or 1 official land use controls shall affect the use, development density, lot size, lot layout, or dedications ofthe development which is a part ofthis Agreement unless required by State for Federal law or agreed t6 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 F ederallaw, 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. 7.0 GENERAL TERMS AND CONDITIONS 1 7.1 Attomev 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 oftitle 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 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 ofthem. 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. 5 7.4 Notice. Any notices pennitted or required to be given or made pursuant to this Agree ent shall be delivered personally or mailed by United States mail to the addresses set forth in his paragraph, by certified or registered mail. Such notices, demand or payment shall be dee ed timely given or made when delivered personally or deposited in the United States mai in accordance WÌth the above. Addresses of the parties hereto are as follows: If to the City at: City Clerk/Administrator City ofSt. Joseph, P.O. Box 667, St. Joseph, MN 56374 Ifto the Developer at: Lumber One Development Companv. LLC 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 knowle ge and belief, the improvements have been completed in confonnance with the tenns of is Development Agreement and all documents incorporated herein by reference. Up n completion ofthe work and construction required by this Agreement and final approval a d acceptance by the City, the improvements lying within public easements in the developm nt shall become City property without further notice or action. 7.6 Incorporation of Documents bv Reference. All general and special conditions, plans, spec al provisions, proposals, specifications and contracts for the improvements furnished and et pursuant to this Agreement shall be and hereby are made a part of this Agreement y reference as if fully set out herein in full. 7.7 Liabilitv Insurance. The Developer shall provide evidence of Comprehensive Gene al Liability and Broad F oml Property Damage Insurance including contractual coverage in e amount not less than $1,000,000 per occurrence and $1,000,000 aggregate and excess r umbrella liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate. e City and City Engineer shall be named as an additional insured on such policy endorsement. The Developer's insurance certificate shall be in a fonn approved by the Ci and shall accompany this Agreement. Such insurance shall remain in full force and effe t during the construction of the Improvements and for two years after approval and acceptan e ofthe Improvements by the City. The policy shall provide a waiver of subrogation agai st the City for any insured claims. 7.8 Indemnification. The City and its officers, agents and employees shall not be personal y liable or responsible in any manner to the Developer, contractor or subcontracto , materialmen, laborers, or to any other person or persons whomsoever, for any claim , demands, damages, actions, or causes any action of any kind or character whatsoever arisi g 6 out of or by reason of the execution of this Agreement, or the design, performance, and completion ofthe work and the improvements to be provided by Developer pursu~nt to this Agreement. Thè 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 devel.opment 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. 7.9 License to Enter Land. The Developer hereby grants the City, its agents, employe¿s, officers and contractors a license to enter the Property to perform all work and/or inspectiobs deemed appropriate by the City during the development of the Property. ' 7.10 Streets. (a) (b) 1 During any peri.od of spring weight restrictions, when the streets within the Development have the first lift of pavement, but prior to final acceptahce of the improvements by the City, the City shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons 'or less. 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 ~afety 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 thé Developer as set forth in paragraph ?-19 of this Agreement, or alternatively, assess the cost against property owned by the Developer within the City. (c) Any damage to eXlstmg City street due to construction activities within the development shall be repaired to the satisfaction .of the City at the peveloper's expense. 7.11 Erosion Control. The Developer shall comply with all requirements of the "General Storm Water Permit for Construction Activity" issued by the Minnesota Pollution Control Agency for construction activities and with the tasks on Exhibit "B" designated as the Developer's responsibilities. 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 tmd 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 excavati.on and backfilling .operations shall be reseeded forthwith after the completion of the work in thai area. Seed shall include rye grass or other fast growing seed to provide a temporary grou~d cover as 7 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. he Developer shall notify the City at least one week prior to the initial transfer of NP ES permit. 7.12 Site Grading. (a) Site grading shall meet all of the requirements set forth in the City's Developm nt Manual, and in the General StOlID Water Permit for Construction. (b) When the site grading has been completed: 1. The City shall verify by field survey that the site grading has been completed in accordance with the approved grading plan submitted with the preliminary lat documents, as modified by the construction plans. 2. Elevations shall be taken on all lot comers, all buildings pads, and on drain ge breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The site grading plan, as modified by the construction plans and verified in the fie d, shall become the approved Development plan. 4. The City shall provide the Developer with a copy of the approved Development PI The Developer shall make the Development Plan available to the subsequent own rs ofthe lots purchased fÌom the Developer, and to their builders. Upon completion of the final lot grading by the lot owner, elevations shall cJoselymatch those set forth n the Development Plan. 7.13 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 Agreeme t. Upon the written request ofthe Developer and upon the adoption of a resolution by the C ty Council finding that the Developer has fully complied with all the terms of this Agreem nt and finding that the Developer has completed performance of all Developer's duti s mandated by this Agreement, the City shall issue to the Developer on behalf ofthe City appropriate certificate of compliance. The Acceptance of the Improvements contracted 'n accordance herewith by the City does not constitute a certificate of compliance and does n t release the Developer from ongoing duties or responsibilities arising under this contract. T e issuance of a Certificate of Compliance does not constitute a waiver of the City's ri ts herein. 8 7.14 Public Land Contribution. (Option 1)_ The subdivider shall contribute $ to the City Park Fund in lieu of a dedication of land for parks, with payment to be made upon execution of this Agreement. . (Option 2)_ The subdivider shall dedicate as public park or other use as determined by the City to be in the public's best interest that portion ofthe Property so designated in the proposed final plat. Dedication. In accord with the City's parkland dedication policy, Developer is required to provide the City with approximately square feet ofland for park and ¿pen space purposes. Based upon the above, the City will provide Developer with credit fo~ square feet of parkland dedication Jess amounts used for the holding pond the size of which is yet to be determined. Developer will not receive credit for the holding pond area located on the park property (which area shall be determined by the City Engineer and 'subtracted from the above referenced credit) or the portion of the park covered by wetlands: The park property shown on the PreJiminary PJat must either be dedicated in the first final plat of the Development Property or deeded to the City by Warranty Deed simultaneou,s with the recording of the first final plat for the Development Property. . 7.15 Time of Performance. The City shall complete the Improvements, except for the final layer of bituminous surfacing by approximately June 30, 2006. The final wear course on streets shall be installed by approximately June 29, 2007. 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 timefÌarne must have the written approval of the City Engineer. 1 I 7.16 Ponds. , , (a) Dedication of Pond Areas. The Developer win dedicate to the City the property shown for storm water or sedimentation holding pond purposes on the Preliminary Plat and/or as required by the Plans and Specifications. Said dedication shan include an access drive to the pond site. Developer will dedicate the drainag¿ and storm sewer utility easements shown on the Preliminary Plat and/or as required þythe 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 9 the Development Property, Developer will clean/dredge all holding ponds and st rm water pipes on the Property. In the event the ponds require cleaning/dredging pri to the completion of all such construction, the City Director of Public Works ay request that the Developer complete more than one cleaning of the holding pon s. (c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Prop rty whether such ponds are located on City owned property, easements running in fa or of the City or on private property must maintain a minimum of an 8 foot na al buffer from the high water mark. Notwithstanding the above, one access to e ch pond may be created by the City in a location detennined by the City in its s Ie discretion. Developer shall be responsible for the cost of signage around said bu er areas indicating that the buffer is part of a wetland restoration proj ect which may ot be distributed without the written pennission ofthe City. Said signs shall be pos ed in locations reasonably determined by the City. 7.17 Stonn Water. The Developer shall pay for stonn water and drainage improvements greater of either (a) $.20 per square foot of the "Net Developable property" or (b) the ac cost (labor and materials) plus related engineering cost for storm water improvements. " Developable Property" is defined as the gross land area minus street and ot land area dedicated to the public. The Developer shall pay based upon et Developable Property of . square feet. Net Developable Property is defined as t e gross land area minus the streets and other land area dedicated to the public. Notwithstandi g the above, if Developer does not expend at least $.20 per square foot of Net Developa Ie Property on stonn water improvements for the currently platted phase of the Developm nt Property, Developer shall remit to the City the difference between the amount actually sp nt on storm sewer for that phase of the Development Property and $.20 per square fo t. Developer shall provide the City with a schedule of values for stonn sewer improveme ts constructed by Developer. The cost differential provided for by this paragraph is provided 0 ensure that the City is compensated for downstream costs which may have been or will e incurred by the City. [CHECK IF APPLICABLE: PHASED DEVELOPMENTS ONLY] The Developer anticipates that the first phase in the development of the Developme t Property will incur storm water charges for the benefit of future phases of development oft e Development Property. Therefore, charges to Developer for stonn sewer in phases after e initial phase of development will be adjusted to reflect credits for amounts previously p d fÌ'om prior phases completed by Developer. 7.18 Monuments. Developer may place, at Developer's sole cost and expense, identificatio monuments on the entrances to the Development Property pursuant to City Ordinan e 10 regulations. The type and design of monuments must be approved by the City Council. Monuments shall be located on perpetual easements separate trom drainage and utility easements. Locations must be approved by the City Engineer. Prior to installation of any monuments on the Development Property, Developer must create an association td maintain said monuments. The association documents must be approved by the City's attbrneyand originals provided to the City's attorney for recording against the Development Pioperty. 7.19 Reimbursement of Citv's Costs. Except for costs included in special assessments for the Improvements, the Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in ¿ounection with all matters relating to the negotiation, administration and enforcement ofthis Agreement and its perfonnance by the Developer. Developer shall also reimburse the City f6r any add- to-construction costs related to the installation of street lighting and private utilÜies within the Development. Such reimbursement shall be made within 14 days ofthe 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 ,?fbuilding pennits until all costs are paid in full. The City may further declare a default and collect its costs trom the security deposited in accordance with Section 3.3 of this Agreenient. i 7.20 Renewal of Securitv. If any escrow account or bond deposited with the City in ~ccordance with this Agreement shall have an expiration date prior to the Developer's 6bligations hereunder being complete, the Developer shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate securityorrenew 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 pennits, and declarl: the entire amount thereof due and payable to tJ1e City in cash. Such cash shaH thereafter be!held by the City as a security deposit in the same manner as the security theretofore held bi the City. i 7.21 Platting. Developer must include aU 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 instaUation of Municipal Improvements on the Development Property. ' 7.22 Utilitv Location. Developer agrees that all private utilities within the Development wi1l be installed underground, including without limitations electrical, telephone, cable television and natural gas. Developer may receive an exemption trom 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. Exception: Qwest Communication may instal1 temporary overhead service lines to the development trom 11 County Road 133. The temporary lines shall be replaced by permanent underground Ii during the construction of the] 5th Avenue connection to County Road 133. 7.23 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve e final plat provided it otherwise meets the requirements of the City's Ordinance govern ng Subdivisions. Ifthe Plat contains the dedication of an easement, the use of property wit in the area of an easement is specifically restricted by prohibiting the construction of y structure or fence, planting trees or shrubs, or storing of personal property within the are of the easement which could delay, restrict or impede access within the easement area b a person or vehicle. 7.24 Street Lighting and Private Utilities. The Developer shall arrange for, install and payor street lighting and private utilities including natural gas, electricity, cable television, d telephone. Developer will name all streets within the Development in accord with City Ordinance regulations. 7.25 Wetlands. Developer shall take the following precautions to protect "any wetlands with n" the'Property, as that term is defined in Minnesota Statute Section] 03G.005, Subd. ] 9; (a) Upon completion ofthe site grading, the City shall place signs on any lots containi wetlands to provide notice of the location of the wetland. The signs shall be i a form and size as presclibed by the City, and will be typically placed on lot li es where the wetland delineation crosses the lot line. The location and number of si s for each lot shall be determined by the City Engineer. Sign installation shall be p id for by the Developer. (b) . Prohibit filling of wetlands so long as Developer is the owner ofthe affected lot. (c) Developer will, simuJtaneous with recording of the initial plat for the Developm nt Property, provide an easement and development restriction to the City protectingt e wetlands areas located within lots shown on the Preliminary Plat. Said easement d development restriction shall be drafted by the City Attorney and must provide t at the wetlands located on the lots shown on the Preliminary Plat may not be filled r distributed without the permission of the City, which it may deny in its sole discretion, and any other applicable agency. (d) Notwithstanding anything in this Agreement to the contrary, the Developer shall e responsible for all wetland mitigation which is required for construction of any of e Improvements, and Developer shall be responsible for all wetland mitigation whi h maybe required because of work done by or under the direction ofthe Developer n the areas designated as future park. Developer will complete and pay for II 12 permitting costs including monitoring as required by the permit, credit purchases, andJor 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 permits and complete all mitigation which may be necessary for the construction of the Municipal Improvements andJor work in future parklands. 7.26 Proiect Specific Requirements. (a) , 1 Construction traffic shall use Northland Drive to Iris Lane to access the development until the 15th Avenue connection is completed. (h) The developer shall connect sump pump discharge lines to City storm sewer for those lots that have evidence of high water table or perched water table conditions. 7.27 SAC/W AC and Trunk Charges. (a) Water and Sewer Access Charges. In addition to the other assessments and costs as set forth herein, 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 pem1it is issued. 1 (b) Water and Sewer Area Trunk Charges. Developer has paid sewer area trrtnk charges and water area trunk charges for this development in previous developments. 7.28 Plowing Snow during winter carrY-over. The Developer shall allow one winter to pass after the bituminous base course has been placed before constructing the bituminous wear course. The wear course wiJl typica11y be placed near the end of the construction season fo\1owing winter carry-over. The city wi11 plow those streets necessary for reasonable a¿cess to lots where building pem1its have been issued provided the fo11owing conditions ha~e been met: 1 (a) The Developer is current on all requirements in this Developer Agreement. (b) The "as-built" grading plan has been completed and all grading and erosion control items are current. (c) Private utilities have been installed. (d) All sanitary sewer and water main items have been tested and approved. 13 (e) Stonn sewer, concrete curb and gutter and bituminous base course have een constructed to project specifications. (f) All signage is in place. (g) All valve box and manhole castings have been set below the surface of the bituminous base course and are accessible (castings will be adjusted with ri ers before placing the bituminous wear course). Any damage to the curb and gutter or other improvements due to snow plowing operati ns will be repaired by the Developer before placing the final wear course. The Developer ill remove any snow banks or piles that have accumulated due to snow plowing operations t at restrict access to building sites. Snow plowing in new developments will typically be scheduled after other existing streets have been plowed. 7.29 Default and Remedies. If Developer fails in any way to perfonn or observe any coven condition, or obligation contained in this Agreement the City may do any, all or y combination of the following: (i) halt all further approvals regarding platting, improveme ts or issuance of building pennits or occupancy pennits relating to the Development Prope y, (ii) seek injunctive relief, (iii) tenninate this Agreement and all of the obligations contain d herein without tenninating Developer's obligation to reimburse the City for costs it as incurred with regard to this Agreement or the Development Property; (iv) draw on or utili e any funds or other security which have been provided to the City pursuant to this Agreeme t; and/or (v) take any other action at law or in equity which may be available to the City. 7.30 Assignment. This Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 7.3 I Integration. This Agreement contains all of the understandings and agreements between t e parties. This Agreement may not be amended, changed, or modified without the expres , written consent of the parties hereto. 7.32 Execution in Counterp31is. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 7.33 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 7.34 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to thi Agreement. Developer is hereby advised to seek independent legal advice prior to executio of this Agreement. 14 Signed and executed by the parties hereto on this _ day of ,2005. ATTEST CITY OF ST. JOSEPH By By Richard Carlbom, Mayor Judy Weyrens, City Administrator/Clerk (SEAL) DEVELOPER: LUMBER ONE DEVELOPMENT COMP ANY, LLC By Name Title STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this _ day of , 2005, before me, a notary public within and for said County, personally appeared Richard Carlbom 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/Clerk of the City of St. 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. Notary Public 15 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 2005, before me, a notary public within and for said Cou ty, personally appeared , to me personally known, who, being byme d ly sworn, did say that he/she is the of Lumber One Development Company, LLC, he company named in the foregoing instrument, and that said instrument was signed and sealed on behalf of s . d company by authority of its Board of Governors and said person acknowledged said instrument to be the ee act and deed of said company. THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. I ¡ Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 Notary Public L:\citylstjoe 16 EXHIBIT A LEGAL DESCRIPTION 17 Task Prepare SWPPP and obtain General Storm-Water Permit rrom MPCA. Establish erosion/sediment control and mass ade the site. Place topsoil, seed, mulch except on boulevards and rront yard utility easements. Bring transformer pads to grade. Waj¡ for rivate utilities. After curb and gutter is in, install rivate utilities in easement area. After utilities are in, construct sidewalk. Place topsoil, seed, and mulch on remainin a disturbed areas. Complete "as-built" survey for all site grading. This now becomes the "Develo ment Plan" Place silt fence behind curb (or sidewalk) throu out develo ment. Set Pro erty Irons. Transfer permit to Developer when construction is com lete. Sell lot. Issue MPCA homeowner fact sheet, and make Development Plan and SWPPP available to Builder. Submit building permit application. Include site survey and MPCA "Subdivision Registration". Issue building ermit. Construct 24' wide opening in silt fence at driveway and place rock entrance. Place additional silt fence as necessary to keep soil on lot. Maintain silt fence and other EXHIBIT B EROSION CONTROL PROCESS Res on sible Par Developer (private) or City (public) project. Developer (private) or City (public) proj ect. Developer (private) or City (public) project. I ¡ Developer. Developer (private) or City (public) ro 0 ect. ¡ Developer (private) or City o public) project.. Developer (private) or City (public) project. Developer (private) or City (public) ro·ect. Developer City Developer I ¡ Owner o City Owner er, or Owner if 18 Action B Developer's Engineer if private project, City Engineer if public roject. Contractor Contractor Private Utility companies. Contractor Contractor Developer's Engineer if private project, City Engineer if public ro·ect. Contractor Develo er's Surveyor City Engineer Developer Builder Building Ins ector Builder Developer, or Builder if sold. erosion/sediment control items. Sweep streets as required. Submit certified lot survey showing final structures and lot elevations. Issue Certificate of Occu anc . Submit "Notice of Termination" to MPCA within 30 days of final site stabilization and removal of a!1 non- builder silt fence and other erosion/sediment control items. so1d. Developer Builder City Developer Developer, or City if agreement to back charge Develo eL Builder City Developer 19 , ° c o°..c ...(/)- i ~·Ë c=~ Æ~~ ~C~ (f) - w w :r: (f) N L>- a N - W W :r: (f) , I I I L\- 0 C"~ "'.... "'.... , , '- ...... '- ...... '<'- '<'- U -7 I LI_ o C"~ 3: 3: ~ Ò Ï' Ii¡ ~ ,;~~ A .~ ~m(l) I -_...'\ 1.",.--- "'t '- ...... '<'- "'.... , ...... '<'- en :;7 en U L1J en ~ \ \ I ___s,,·OOZ:\ 3.~'~E.OOS--- )\ \ \ \\ ,\ I '-- E '?35 ,Q Þ'/13S 3Hl. ;KJ v/13S 31i.L ,Q 3N' .L5V3 -7 ~7 z:: ":>313 :10 v/IMS 3H.L :10 vllMS 3HJ... :10 3H1 ..l£3M - - "ì ":: '<' \JJ " '\ '" '\ "- "-) / < \ \ ) / / 1m / .// ~~ \ õ .. ::s o I' 1\ I w~3: ¡:~~ l';~z- ~~~ '" ~l';,"- ~ u~u "''''''' f'-ì n "''''''' / I I I I q I ( \, J , I ",'" ,,;:, 1-'" '" l';", " ~I- ~l'; ~~ I ~ -",,, -1 l';::¡1- ~::il'; ::ïQ~ I ¡:¡:~ ~~!j! z I- , l- I , - Œ 0 Z z Iii ;t !!! if¡ g " Z6"LZL I :~ ~ B :m sOß"2;}'~':-E-J I-----_--¡a. í--'~.77 1:1 :~ ~C\I ~ ~ M.:LÇ,tr.OON ~ ~ tv'S'" ~ ~~ $2 i) t:02 Z9·(JtL J f.:. 3.9t.£O.rON -, I~ N ~ ~__;·r.t r;¡ r ...t 11' 3..l0.ZZ.lÕÑ-1 Id.... & 1m.... I.(:J-I ~ M.LS,t£.OON J ¡ Lv'6lL :~ ~ ~ \0'1 S06.:!t5'~~ _ j 1.-----_---. ~--'3¡.63 ~ I", I": <.\- . ....--- Iii " F t; IX z Ö ~æ~~ æ ~~m~ '" oz;¡:b I- «...t z o:fibm '" I: '" ~Z-.J.J ~ :t::i~š >- b~Z"'~ I- 'I3:~:) :J ~~!i~ ¡:: " t;~o:;:ci 0 z U.I_~r-UJ < ~II!"ðÕ '" ;t;6z~ ~ z ~&!ï~~ ~ \jj!ñ;¡:æCi 0 \ ,L,J ,-> i);: \ u :;: .. ~ '" I- z '" I: " ~ ~ ê ö I- ;¡: z ...'" '" -" ~ ~~ o :t~ I: u>- z'" z -< ~ ~~ In mE ~ \)3: '" ifjt; o 0'" . 0 II! < < r-ª~ 9:So ~a~~ ~~~~ ~~co~:R æ::¡l--<{ . 01-9~~ *~ä~g ~~ª~~ ro-«CLZ ~ >- '" '" "- ;¡: '" § ~~ U1 ~~~~~~ ~-!.~~::::::::::::::: <t;+ .... 1-"- o· ~ß ....Nf'1..I/"I\D ~~ê§~~~~~5S~~865Š8~~g~~~~~S~ ....................~N~~~~~~~~~~~~~N~~~~~~~ ~_Nn~"'w~w~o_Nn~"'w~w~o_Nn~"'w~w ........................................NNNNNNNNN ~I/"I~ N~O 1/"1 ....MØM~....NN(DI/"II/"IM ~~~~~~~~~~~~~~~~~~~~~~~!*~~~ðå ~_Nn~"'w~_~o_Nn~"'w~w~:~~~~~~~~~: ~ ....................__............NNNNNNNNNNM ~~~~m~~~~~g~~~~~ NvvlOv........vI/"iMN....Ø....vN ................................................................ ~_N~~"'W~W~~:::~~~~~ ~5§ ~~~ ~~~~~ Ñ,...NI')I") wnN ~~~ ~IOI') ~_Nn ....NM'Ot1/"l I<wo 6MPiOU1J Ç'9l VO\ Ç'9l-vO-006 d3\ po J\ Ç'9 L V0006\ 006\:1 L Attachment~ or No REQUEST FOR COUNCIL ACTION DATE: Julv 27.2005 Engineering Tracy Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2006 Interior Street Improvements. PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Prepare Feasibility Report. FISCAL IMPACT Estimated cost to prepare feasiblity report is $17,500 and will be included in the engineering cost for. the overall project. Opinion of probable cost and proposed assessments wil1 be presented with the Feasiblity Report. COMMENTS/RECOMMENDATIONS This project was included in the Capital Improvement Plan for 2006. X:\Slsijoe\common\D39 Reg Cowicil Actionl0603 2006 street request.doc . . I I I 1 I ~' "'TE ST. E. I ;f! _ _____ :::,,~~~~~TH[RN ;__n____, ~ r---- , " fij : :¡ I l' I:___-~-- J --- R.R. , , \----------_______ r-- -; : --- ~ ~J _______ CEDAR ST. E. AH 75 II IfiB [[[I] ASH Þ \II \ill-~ l-~ ! \ u"'[ ~ :::-- vi ~ 0 Vi £.l. \ -c ¡¡; o o N / ~ U / o o ~ o ~ o / . '" Õ / . / " ST. E. f~-J£:~0:, -___~,ß.? -----. ~./ ,~ , !I or ---- ,/ /...-- , , : :l~ : :r~ : ______J..q "--------- I-' I-' .' , , , , , , , - MINNESOI A ST. E. 134 LL- if - = 1- ---- - \ \ ---- ----- - ABLE i I' ì :J) :1' I:r: ~ :- 1; h/ , --fj,' : II[- 11/ w ~ ¡;: I W ~ ~ 4 ~ ~ ;;, N . ~ 0 0 N , 0 N ~ u,)' %\ ~\ \ \ BAKER 1 , I '- ----- -I 0:: Ü CALLAWAY T \I/nu,p D ~ ~ I 0__ _ ___~~O 300 R ST. E~~()5 _____ ___ w: ~~ ST. ~ N , -, " ~ FILE NO. STJOE0408.00 DATE: 11/18/04 2006 INTERIOR STREET IMPROVRMENT ST. JOSEPH, MN FIGURE NO.1 - ... _ M . .. '-:.f. , " Attachment: Yes or No ¡ REQUEST FOR COUNCIL ACTION DATE: Julv 27 , 2005 Engineering Tracy Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2005 Sanitary Sewer Rehabilitation PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Request authorization to obtain quotes for the 2005 Sanitary Sewer Rehabilitation. Locations are provided on Figure I and 2. FISCAL IMPACT Estimated at $30,000 for sewer rehabilitation and engineering. COMMENTSIRECOMMENDATIONS Sanitary sewer rehabilitation for the Date Steet section was included in the Capital Improvement Plan for 2005 at a cost of $20,600. The section near Birch Street W. was not included in the Capital Impro~ement Plan. However, it is the recommendation by public works staff and engineering that this section b¿ included with the 2005 Sanitary Sewer Rehabilitation. I X:\S\sljoe\c.ommot1\D39 Req Council Action\sewr rehab quote requesldoc :. 1 " -, / ....... , " J ....... ~ ...... , " .... .... .......... ..... '-" :~:,'" "I ~-:.----:-~-~=:===-:::==:-=::===---:==--I~-- ....I I . , MH ELM STREET E. ~MH (H ¡ , . , NI . '-..,: ~,~ , , , , , ! , , , , , , , , :Ii ,Ii " " " " 1 M , , : . : , , , , , , , , , , ....- ....-.-----..-----.. , , , , , : r~ H , , , , , , ! :1 , ' ~ il __________._________ :l____.._ __J " ., " " " , .' , " 1.._____ ___JI__- H - - - - - z -~ _i1í ¡¡; f-- f--~ ~~ o -'-' , " " " " " " " " " " " " " , , , , , , , , , , , .: I , ( , ¡ M , . : ' , , , , , , , , , , , , , ______J .----- w Z w ::> z w ~ ... ~ :::::::::::-:::::t::i ~~(JiY/jIVGtr()1V m__ m________, -1 Ñ();¡ ! ~ T}.¡t;¡tv II I'-'~~I/.¡:¡, , " : ........... I "'------, ____ .--------------~ --- ---------------- ------- ,------------ I -: . , , I I : :: :: : :: ! ¡ : :: 1_/ . I, : : ! __-:_1 : : .....---..--.---- -" C CEDAR S'lREET EI ST ._ ----------------------_/ PROJECT LOCATIO]~ - MH DATE STREET E. - ¡ =_,_~ lliW" / i --------------------~------ .. '" . Õ Q / C o E E ¡~~ '. ......'~"C ¡¡:~~M" :g~ ~ ;¡, ~.......- '£ ê: - ----- CSAH 75 \ . I I II I I I H ^H N W z w ::> z t1 ~ ... ~ MH MH MH H . '" Q Q N , m N , ~ MH ASH STREET EAST ŒiM~ ~- ------~'\ I-- _ FILE NO. STJDE0601.00 DATE: 07121/05 2005 SANITARY SEWER REHAB SANITARY SEWER LINING ST. JOSEPH, MINNESOTA ~ SEH - .-.-- .~ - o ------- FIG URE N .1 ·...~.--....~--...~....-._...-.._.._-._..__.....-.._... CBAH 75 PROJECT LOCATIO H c 0 u " w ;; ~ ¡;¡ ~ ~ ¡¡¡ .¡; Q E E Q u ~ S: . ."- Z ;; ~ w "' ::> ~ z " w ~ ¡¡; ;:: or ~ w "' M " MH .. ", N ,;; ~ '" " 0 0 N , ., " , ~ ~ SfH FILE NO. STJOE0601.00 DATE: 07121/05 2005 SANITARY SEWER REHAB SANITARY SEWER REPLACEMENT ST. JOSEPH, MINNESOTA MH MH II l I I I I I I I I I I I I MH I I I I I I I I I , N FIGURE NO.2 St. Joseph NIW Corri~or EAlOfficial Mapping Comparison of Hours & Cost Estimates Task Area Project Management! Public Involvement Environmental Analysis & Alternatives Screening/EA Preparation Geometric Layouts of Alternatives Official Mapping Proposed Hours _~~;;t;:I'i . Ì\!S~!~~~I , 842 829 825 2,418 1,631 1,486 788 344 408 414 Totals with Optional Tasks· $360,228 $349,847 $340,342 Notes: WSB is also offering optional task$ of 4f/6f analysis and benefit/cost analysis (30B hours/$22,562) Boonestro also is offering an optional task of "Innovative Programming" analysis (200 hours/$22,254) SRF also is offering an optional task of a "Corridor Management Plan" (276 hours/$25,936) . Total project budget is up to $371,000 · I ~ i~ ~ Íí " c 'J¡¡¡£ £ 'fi · ) " 2 I · 0 0 0 '" 0 0 ",'" '" · ~ ~ ~ - :!:: :!:: -!!! - ~ ,,' ,. - - c ~.' .< I:!- ~ ~ ~ ~ ~ · '- ........ \)'- 0"- · "- Vi i :!.. I ¡ §: ~ 0 ~ ~ · 11 0 ~ ~ , ! ~ I - ~ i '" · Ë ~ t ~ ¡¡: ~ ~ ~ ~ E ~ ~ .J. '" ~ I ~ 0 I 0 '" ¿J :¡;: '" VI ~ ~ ~ - ~ ~ " (,) ~ , '. .. '" ~~ i .~ ·õ ~ ~ u! .. .Q a.. · ::I \l. ~ .. ~ ¡ ~ .c ~ ~ ~ .. tI 0 - 0 .c ~ a¡ 0 l \II c '" 0 - " - 0 ~ - C ~ CO '" ~ :c :t t ~ c:: Q DI '" ~ C '" .. - .... e .Q 0 :s2 '" > ~ '3: ~ ~ C .¡:¡ ~ .. :;::: ~ " ~ ~ 0 (,) 0 ~ :¡: '" .. 0 .. ~ I;,) c :E - ë § 0 ~ ~ 'ii ~ 0 0 » 0 I · ~ c .!.! - c - 3 CO ~ æ C (,) a.. .. I 0 :c .. Lu !!! ·õ ë a.. ~ '" .. ~ .. a.. ~ 0 ~ C1 \ · - a.. a.. 0 ..0 " a:s ;g ~ .... ~ c - - · - 0 '3: ~ ~ · ~ 0 '" 0 '^ " .. m DI .. '" 'S B- (,) c (,) ~ , g. " 0 :¡; " .. .. - .. (,) h § .;: » " .;: .~ == CO ..a ~ § à: .. - .. .. a.. :ã !!! a.. 0 ~ >< ~ >< en ~ · « ~ .. \3 ~ 3 - UJ 0 " UJ .c '<.. æ c:: U¡ " '" " U¡ .!.! i - " .. ~ ::I " .c .s 0 - 0 :: 1 1 ~ CO " ~ · :;::: ~ ï. :;::: - CO - - .. CO 0 " ~ (,) '" .. '" (,) - ¡; := " Q '" := - ; (I) .. 0 .. " ~ õi ë - ~ õi .. c:: :: '" a.. - ¡ .. '" .. 0 >< '" >< 8 os: 0 Q 0 UJ 0 UJ c .. , N ".; .; .,; cD ,..: 'ð a: z ~ Ë b ü: .~ .:: ~ c: .0 .0:: ctI .2 ~ LIJ - m o §- a: .... c: oS - ::;¡ (f¡ r:: 8 ¡,; II) ~ .~ II: ã; 8 c ~ "" ..... c ~ "" ... ;€ c '" - - " II) 'õ b ø.. " .c - " o 0> " :¡¡; b ~ ãi " " o II> b & - o II) " " II) '¡: II) ~ !I;J " o := '" " == iij :! o N c ~ ~ ~ ¡f. c '" - II> :! II) " II) II) " o u ,2 :E :! n. :!2 'S IIJ o - ~ :E <I( 't:1 II) - f!! - II) " o E II) Q c.) ~ ¡f. It> ... - 5 II) Q - ¡g U .; It> :!:: ~~ ~ ¡f. c ... - II) II) > := " II) :E' o - " II) "e- n. - o 0> " :¡; " .I!! II> ~ II) 't:1 " ::¡ 't:1 II) II> II> f! S Ili c :!:: ~ ¡f. c ... - >- " '" Q. E o u - o II) " m '¡: II) Q. ~ " o :: '" " == iij :! o <6 .. :!:: ~~ 11) g ..... :!:: :!:: '^ ~ ¡f. It> - cri ::i II) S " :E - '§ 't:1 II) E o '!: & II) ..a 1: g¡ " ":; ~ II) (f .c " :E ¡¡: '0 - - " .s¡ .il ...: '" ~ ~ ~ ~~ ~tt ~~ ~ ~ ~ ~ ~ ~ ~ ~ \ '.1'. ~ ~ ~ ~ ~ ,~ ~:t V\ , lk ~ ~ ~ ~~~ ,~ 1(\ V\~ ~~1~~ ~~O~~ 1).. <:J 8 ~ \~ ~; J ---.\, ~~ ;:¡'~ ~ ~ ~ ~~~~~ ~ "'~ \~ ~ ~a~tJ I~ t ~ ~ t u · · · ~ ~ ~ o I · ;; £ ~ ~ [ .. ~ " ~ ~ ~ ¡¡ , ~ , g · .~ · I o ! · .. ¡; ~ o i ~ m ~ o ~ " g ~ I ~ o " · ~ " ¡¡ · ~ o o · m [ .~ ê- § ~ " ~ ; , o , · I £ , õ z L.- o tJ L L iJ j ...... fIj (f) '" - ~ ....... k l: o ~ r-' LJ rL :t) :f) ~ j -.j 1) L L 1:: i« JJ tJ L CO OJ b -= tL o o fj () ~ <Cc I-+: 'õ 8! ",,:¡¡ ..... "'... CJC C CII :::S CII CII CII > :EÕ o > :.:: C .0- æª .0 - ::::I 0a. "" E ü: en C '5 ~ CII a: CII C ~ C a () (5 '" ! ::::I :@ ~ CII ::::I C' '2 :J 1:J a> a> 1:J c OOU) 1:J o a. c ~~ : ã5 a> g¡ E ~ a. 0-(1):5 .;: Q)'_ a. ~£~¿ c: Õ ~ .Q -æ=ro'~ 'õ£ji'iSo ~ -g .!: ] (.) (.) ~ 0 :E: á5 0 u .~.~ ~ Õ Cl)a.CQ) .!Q ¡¡¡ ~.ê .~ ~~~ ð~&:Š .¡o: or¡: . i< ~ C CII .~ &1 '5 o ID "0 <Î: 1i ~~~ -g 'õ ~ 58-5- â: 08 Ü3a: ã> a... CD J,..."gëñ cn(¡j .! I.,,;Q)CUQ)ð..Q) ·S- Æ ~ ~ -!3 E -!3 g'<tS>0<tS0 iñ w~ofSüfS . . ìij8 ... C en .S! i ði CII a. ..J&1 00 (¡¡ ~ ::!. c Q)'Ë ~.~ ¡ij ð5 :;¡;ID Õ æ .!!;è eID a.. õ ~ c: o <J <ü~ <J U) o ~ - <tS ~a> ë>- a> ". E~ a> c > 0 _ U) ~'di cZ ~~ :g~ Il.. C CJ ë¡¡ CII Q >.~ ~~ :¡~ 11 a. U) a>. _ ~~~~ ~-=C;Q) ~£:§Q: ~è5æ.E '- -:; (¡) Q) OO)°ñí -;;; ,jj ~ E -S~~t5 ~1:J Æ Q) .!!!Æ 01"0 ë. "(ij .5 ~ Q)Q3c,2! go-ª~ o T""" Q..,- ü'C'), . . '>. .<:: == o == e I- (I) C/) U) Q) 00 > -g~ ~ ~ §'@ ã5 a>C') 1:J E-~'di ",,<üg¡ü: ~=Q).E~C\] ~~Æ¡Q~ ~Q)~~(I) &:Q<Üoü .2 ê æ -; ~ 1ä 8 (fJ :5 "S; .:: =, g.!: £ . . w CD Q . ði .E o æ C o '" 'E os .c o æ . . 00 (¡¡ ~ ~ U) a> ..>:: 00 ..J Q) ...<:: .ªm :ßI o. ". C <tS ã: U) U) Q) <J ~ . :Q ~ lj CII o U)<Ü~_ '" c ~~"> ~.~ ~ ~ (1)c..~<uca~ 'ã. :¡¡¡ .!Q :ß -5. E g $~ ·~~~.EÕe ~-g§!.~g'E~T! -æ-:pCUCUQ)CU:J::J >gCClæø1two:=ëü:: a> .- a> U) <ü 00 > ::::I (f) CI).~ Q)'õ '- ~ CD Q ë .~ ~ -5 .:: .È 8 ID - Q)_1:J C:-OO.o > CII Eê1:J-Q)<Joo",,@ Cmæ<D~õ(f)~~ .Q> - :¡::: ~ .c 0 Q) .... c.. (ijfg~.ca..s:::EÆo C')....>1l. :;¡;,<cz '3g. a>,_ .- C ~ 8! a:... _ 0 os (I) ë CII CII ~ E ,- c'" o os .~ E > CII c=:: w<C it i< if; i< U) 01 .E: (jj Q) E ü <C f- .... . . . . a Ë .!: a> (jj (/ a> c: E <3 ü "0 ". <C c a. ~ ¡::: Q.. CIS E :2 -ê ëQ) <DE EQ)Q)<C::::8. E oE>wo~ a.'E üÕ>0cc(/)= o~ >-1:J > 0 0 U) a>'diID 0> (; 0 ,S g> g> ~ ,§ à> >. :§ ,~ ~ g ':ä 't: ~ > 0 ë g¡ -6 (¡¡ .g a> g¡ a. è.2 Ô E<C'<:: a.II >-a>(üü ~ .Q ~ ~ ,Q .2 ~ Jj E (/) 9Li~;::ë:ëQ),-.æE ~ ~.- ro ~ ~ ~ as ø m .2 Il. E Q; Q. Il. ..!. ~ ðJ 2 ~....C\O~~ID= = (I) iC i< i< iC iC iC i< i< 1< 1< 00 o E E ¡ ü: C o CD -- . ~ ..~ - - ë o :¡::¡- .e ~ c <tS (I) a> E >- 00.... <J~ o C o 'Ë ~.~ c c Q) a> EID c: C o !II '5 £' C w. ~--. "0 I!! 0 o~ oï::: (1)10 -6~-m-- .a~.em ~E(ij8. ......æ5:; 1ij(ij~a. 'û.i-oo-g -O~lctS ~à3æ¿ ffi ~ ë:,~ "ã3 ~ ë 'S; 0.0 W 10- X - E 0 ~ æ ~=g :g15..êo E ë <tS ~ 1:JQ):;¡;0 cE~U) co Q) 0,- t) g>:g ~ welo-J:: .0 <tS0 a. 1:JEüE a> C\ a> §,gjI g' -g ,jj ~Cá e-g'ê ~~üã5~:.::ï U) '~ <ü c: <tS <C w .!: -" ~ "" w CD Q 'I( 1< iI: .¡.: . . o :Q ~þ ÜC: 00 co 0 õ)ü C\ c IO <cë (I) a> Ü@. . 00 (¡j ~ t:::.. ..>:: a> <J ü: ë ,g~ ~(Q f-. 00 (¡j ~ o ..~ Q) C OIQ) ost:: c 0 <tS.<:: :;¡;(I) -c <J !II (I) .- .e-à5 Il.. !!? <tS ~ o ~ _ 0 c= a> a> E.a a>2 > c - 0 ~:;¡; ..£:1:J o 'S = !II .go Il.. Q) õ ü á'~ ._ <tS :ß:;¡; O. 00 (¡¡ ~ ...... ~ 00 (¡¡ ~ ...... (ijz::.. ët! Q) <tS Em e£ '~Æ w. 00 (¡¡ ~ C\ ~ c: o .!!J. ~ a> <J > :E (1)2 ~ f-. U) a> > U) 1ã 0 t) e w:5 £ 8 .m e Q) CD.§ UJ - ëa Q) ~ § ,~ c æ ~ ë~ ~ ~~·2ã.- Q) UJ (/)"'0 UJ «S Q) g>ø E o~ Q) ~,£ ~'2.æ áO.2=æQ)-e em .- C\ ¡:>.... 8 g -g .!!!a..ê ëa';';~~cd m - (1) Jlr:-Q)~ . . 1:J C <tS E (I) 1:J ~ .rg U) c o E Q) !!? a> ,"§ o C') c... 0 <Cc- ..c:oa.,- -¡ ~ ~ m a>EE>- ~ .E ,~ ~ ~.~~~ g.§¡ijE ~~(J)~ ~ ~g.£ . . :Q ':; :Q ID ¿ ':; 0 1:J2 .0 Z == Q) <J U) 0 c¡¡ a> ~ æ ~ ~ ~ ,~_ '~ ë ìD ~. -ü Ca> .=! ca « UJ '- co a.E "0 ë'>.U)"5 g¡ uE U)= a>.<::a>U) e--ä§á2Õ-gß E::~õ æ~-ø~15~-r-§1tí~go a. oð -:J Q) '- ,_ ~ ._ Q) "'C oð UJ C)ã.~ñi ::.Eca- ~'-~ .§ ~.§ ~ Q) 5> õ ,~ 2 .~ m ~ ~ Æ .¡¡¡ ~ § ~ :ß == ~:m ß- ¡ij .OJ g¡ >a>(/<Ja»Æ<tS<tS<J~'3 '-"'OUJ~E".P>c"U(J)=ol- .g~UJec~~mc-g~õo 't: ~ ~"U.2> '-"'C æ 5 ctf 0- Q 'E o ~ ~ U? ëa .:ê Æ 'õ (J) -.J.: C:2: Ü C')C')<CLLZ,. <C:;¡; , . .¡t 1< i< i< i< . . ë <D è E o~ a> U)Ü 01 ~è3 ê ~-; ~í=' 0Q)U)-~U) =g,~ g>.5!t-~ °E~e~~ üOa>Il.Q)a> ......üE......f-E . . Ë a> U) c o ü 1:J ". a> ". a. E ". ctf -5 <5 gJ, g¡, ~ U)':¡: 'E'.§ '~ .~ £ § UJ = ~ Q)«~J!:!ø~r ffiE :;¡;wo õ,g'ë <D E'E cccQ>+::;Q)Q)ø8'"cd OOO~Q)U)EQ)-O 1ã O)Q}"U ~ ~ø'õ ~ID E .§ .§ -æ a. ~ ~ æ ~ € .E m m R 5 g E ~.Q is EIIOOo,ô8è(üÜ ggg,~ {/)ÜÕ£ E ~ .a~..oUJ:JèQ)cd2,- æææ-áf.20=5~~m C\~......:5:C\Ll)....~~ã5 ... i< i< i< iC i< i< i<_i~<- ~,- -, o , ~-- - ] 8 ... ::::I g C ! _.2 ca551ã a S ~ '3gj~ OCII't -gj"C CII nI C ~'Þ-s ..c!eãS a.~;: o a a zzz . . . . ,,-" 0' ---- õ ~ (I) ã5 'Q "0 a. I' ill Õ ü: (I) (\¡ a. 0 I <J « U) (I) 1:J Ü C == ~ a> Q) .a c: Æ (ü '5 ~ a> 0 c: > .a Q";.¡:j tþ ~ ~ -g~.æ wÔ2<¡; aJL-c"U ~~C;; ~ '-.- I !II C/Jgj<cg. > 0 (1).- Wll.üO . . . -ci a: ~ ;;:; o ë <J 00 Q) 0 £ ~ü oð cC: --:og!~ :Bô«.!: l:::;-c..c (l)ÜOU) ..c ,ë cd ooQ1I~ . . 00 (¡j (I) >- o ~ (¡¡ t..: ctS (1).<:: OIN !II U) æ 'w ;2:5: _ 01 <J 00 .~ 0 eo Il.. 'ê' <tS ~ o ~ E (u a> !II ~~ > .- ~~ C - 01 <J 00 = 0 .go c.... 00 (¡¡ ~ C') ...... c: o (/ ill Z ë Q) 01">:: .¡¡¡~ O. - U) a> (ü EB ~ ~(J)t: .~~2~·~ '¡g'Eg¡~~ L- Q) 0 0 Q) .æEQiffi:õ (ij 2 ¡¡; <C .¡¡¡ ë O>-oð g¡ U) (1)"0 g'E a.ë E~ï=<tSQ) g*-ª~ ~B !111:J a. 01 a> g¡ (I') , (;I) .s c...þ . . . U) 1:J ë c: Q) E ~ E {J ~ (ü~ð ~ ~ i1'§ E ~ ~ g.æg> o ~ -g ~ 'Ë ~ õ 8.9.2 -£ .§ .~ ~ ~ ~ 'j[; (ü ~ <tS;: 2.<:: (j)Ec~==~7;j RiOmcd~UJQ) .f; ë -æ >. £; _Q> ~ 1:J'- C 1:J ~ ~ o g>.Q .2 2 .~ .æ 8~~~2~~ -""OQ)..c-~O goa.-~or~ > EO.!: f- <D _ . . . :Q 1:J'~ lj == a> ~ U) g a> x ~ UJ ~ U) ·5 C ".E -- '-:J ~.ectS g¡ g;~'ã. :ß'3 E 8.+-:g""O e~ð :J-g~* cÕ8·.p Il. ~C¡¡.2 0 :ß-g~ ~~g>~ æ.::õ~ .Q á·õ Q) ,S ~ Æ OJ .!!2 1i) ~ Ê £ ã3.È ~ ~ > a>U)a>oo1:Joo > ~"OU)E-1:J<Jf-·.¡:¡ .g~g¡§,~¡ijõgê '¡: ~ 0 :.::: en:¡::; 0 c CD 8~~~~~~=¥~ . i< 1< 1< i< è~ o ,~ U)- '5 g¡ ~E (ij -11) <J a> 0:;:: ~ .- = E o E C\ 0 . Ü a. !II :;¡; ~~ ._ c ~~ ~ ~ :;¡;E,S<C:¡:: <ü_WO §§j~§§ '-¡¡¡E~OIOI E Q) c C E g! ~ .~ .~ EooQ)Q) c O>>-II ~ ~ ~ .2 .2 :g.9 ª":g :g Il. 0 a.1l. Il. C\J-r-"¢T"""-r- . . . -. " "- ~~., ,> .,:; ~ .' ~ 8 m 0'" en á! ~ ;:: ~. ~- =~ "00 c: ~ o !II :.¡::; Q) !II >- ë...... a> ~ E c 00 a> <J 01 o <tS 0'<:: c: - Q) ~c. c: 0 a>1l. E .- c:1:J o C ~ <tS .~ W w. 'iii ~~ ms ~m ::::I C a 0 ",.- 2!g. 'iii. ~E '3 CII o ~ - '" CII CII '" tJ os '" .c os a._ oie z:;: . . . 0- "0 I!! 0 at: 0(1) C/JIØ 00 (¡j g!, o ~ t:: <tS ..>:: <J iI ..>:: <J <J 00 ~..c 1iiü .::. ,~ o Il. <C 1:J 00 o Ü ã) >- .oLl) "00 ~~ a. - Q)'?:> ~ 00 Il., ~ ~ ~ ~ ~ , v ~ <-+- VI ~ "- ->- <C ¡; · ~ \.. 0 ~ 0 C> C> C> It) ; -'g ~ ~ ~ ~ ~ C> C> ~~ . It) ¡ :c - - - ( ~ - - - ,....... - ! ~ ~ \.., - ~ ~ \J\!'- " 8 11\ ¡b I ~ .... () ~ .. ~ ~ ~ ~ '" <0 ~ ~ 0 gc ~ · ~ l t ~ ;¿ · ~ @ ok , · ... ì\ 8 ~ ~ Ë ~ '- ~ ~ \ \. î ¡¡: ... ~ ':::' · ~ ':( · ~ ;¡ i 0 ~ C> ~ ~ ~ .... - ~ Õ ~ ~ '. t- ., '¡ft. ~ t )] .~ 'ë It) l.- i - I.Ã J:i c.. <Ii ' ~ '^ \ , ., ::i .j* ,t¡~~ " ~ ~ ~ .<: '¡ft. ~ ., i .... ~ Ai c C> 0 .<: ~~ ~~~~ £!.. C> .... ìi .. 0 - c t:: Q III - · '" III :E .u SoJ ~ ~ .0 C " :;;¡ III ., .... ;()'1t l\ ~ ¡ .ö::; C > ~ '~ ~ ~ ., :¡:; '¡ft. § 0 III U "tI ~ ~ C ., C> ., ~~ .u~\"!' ª ... Gi 0 :ë - E lI~~~'~ 0; - (,) 0 >- ~ @ ~ c ,!! c 0 , ::;; C Õ .. 't: ~ ~ ~çJ~ 5 I.!J 0 :is II> C. ., " III " '0 E c. 1 ~ - ., c.. ~ 0 II> '- ~t~ ~ c.. :E CI. U .Q ~ - - - )] tr¡ 0 'S 0 0 '§: 0, II> II! '" ~ ., ~ 1 ~~:i~ · g. u c U II> f c 0 :¡¡ c ., II> .... ., u ;:: ~ " ';: ~ ~ ~1Cf'I:' g &. .. '¡: II> .... ., ~ 0; c. :ë III C. ., '~\A ~~~~ @ >< ~ ~ ~ en ..... ~ « '¡ft. II> · t:: "tI It) "tI .<: 5 C " " C ., ... ¡H~HI ¡ oS 0 .... - ::> " :E '" 0 ~ - :¡:; ~ ï¡; "tI ~ '" .... ., · ::t III ¡¡; 0 ¡; U C II> " .... ~ tr¡ := Q III =: .... ~ 0 ., C g t:: ¡¡; E .... ~ ¡¡; II> C. II> ~ <3 ., " II> 8 >< :r ;¡ 0 ';: 0' Q W Ci w E · II> 0 a:: '" ..; .¿ ,¿ u:i ...: '0 · 'U ~ COUNTY OF 1 STEARNS MEMO _"~~O~~~~~~~~RECEIVED , . JUL 1-2 0 2005 i CITY <:'F GT 1(\'3EPH ---_._--"-"'-,-~"~_..._-~.,_.._.._----"-~"---- ---.------.---..----.----- DATE: TO: FROM: RE: 07/19/2005 ALL TOWNSHIPS AND CITIES CONTRACTING WITH STEAR.1'\JS COUNTY FOR ASSESSMENT SERVICES c GARY GROSSINGER, STEARNS COUNTY ASSESSOR TRANSFER LOCAL BOARD OF REVIEW DUTIES AND POWERS/ALTERNATIVE REVIEW OPTION ----...,.,-...---. " .-_.._._"----'"-'_.,_._--'-"-'--"'----"-'''._~----,,_.,"---...-....-.'-----."------- This memorandum again adillesses the property tax law governing the transfer of lócal boa d of review duties and powers when assessments are only performed by the County's Assessor's Office. ¡ , In 1998, Chapter 231, Article 2, Section 23, Subdivision 3 of the Omnibus Tax Bill gave th¿ town board of any town or the governing body of any city the option of transferring its powers! and duties to the county board and choosing not to perform the function of a local board of revie\v. The transfer may be permanent or for a specified number of years, but the transfer cannot be for less d,an three years. A town or city may renew its option to transfer after the designated time þf this transfer agreement has expired. 1 , - 1 Under this alternative review option, the county is required to notify taxpayers whose townlor city elected to transfer its local board of review powers to them. Prior to the county board of I equalization meeting, the county shall make available to those taxpayers a procedure for a review of their assessments, including but not limited to, open book meetings. The county assessor will be allowed to make changes during the alternative review option time but is not allowed to make changes after the county board of equalization as adjourned, except for administrative and clerical error (same as the current law). This alternative review process will take place in April or May 9f each year, similar to the-time frame scheduled for local board of review meetings. Notices of i , assessment will continue to be forwarded to taxpayers at least ten days before the open book i - , meeting. The dates, places, and times for that review will be listed on the notice. I , If you choose to transfer your local board of review duties and powers to the county, pleasJ complete the enclosed form and return to this office before August 15, 2005. Should you have'any questions regarding this change in the appeals process or a need to discuss this matter further, you may contact me. ~ i;' #875-8898 "Affirmative'Action Equal ODporwnit;," =,'i7D/oye~" Assessor's Office Administration Center RM 37 . 705 Courthouse Square' St. Cloud, MN 5630 320-656-36BO . FAX 320-656-3977 LOCAL BOARD OF REVIEW TRANSFER AGREEMENT (Please consider and return by August 15, 2005) NOTICE IS HEREBY GIVEN, That the Township/City of in Stearns County, Minnesota, has opted to transfer its power and duties to the County and n longer choose to perform the function of a local board of review. This agreement to transfer sai duties is effective for the following assessment year and shal {Insert: be considere permanent; be for a minimum period of three (3) years; or be for a period of (specify length 0 time greater than three (3 ) years) years} . As a condition of this transfer, the County shall make available to those taxpayers within th Township/City of a procedure for a review of thei assessments, including but not limited to, an open book meeting. The County Assessor will notifY taxpayers of the dates, places, and times for this review through notices of assessment. The County Assessor will be allowed to make changes during the alternative review option time until the adjournment of the County Board of Equalization. The Township/City of agreement is not permanent. may renew its option to transfer of this Given under my hand this day of ,2005. Township/City of I Attachment: III or No REQUEST FOR COUNCIL ACTION DATE: July 28, 2005 EDA ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM EDA monthly report. PREVIOUS ACTION None. RECOMMENDED BOARD ACTION For review and approval. FISCAL IMP ACT N/A. COMMENTS/RECOMMENDATIONS EDA monthly report offered for your review and approval. êP¿,¡ MUNICIPAL DEVELOPMENT GROUP, INC. DATE: July 27, 2005 MEMO TO: Honorabie Mayor Carlbom Members of the City Council City Administrator Weyrens FROM: Joanne Foust & Cynthia Smith-Strack, Municipal DevelopmentGroup RE: Economic Development Activity Report - July 2005 Municipal Development Group, Inc. has been interacting with a number of prospects throughout the pa t several years. Following is a summary of activities that have transpired. If you have any questions on a y of these or other projects, please do not hesitate to contact us at 952-75B-7399. A project number has bee assigned to protect the confidentiality of the businesses prospects. Proiect 01-E: This project involves the expansion of a service within the community, MDG has been keeping in touch wi h the proj:ct contact over the past three and a half years. The iatest contact with the prospect occurred on July 27 . Proiect 01-F: This project has been inactive for the past several months but involves a national commercial enterpris MDG continues to occasionally follow up on the lead, including most recently by phone on July 2ih. Proiect 01-1: This business originally contacted the City in 2001. In 2002 they noted their project was on-hold. The company contacted MDG again in June of last year requesting information on available commercial sites in the City. Interest has again been placed on hold. MDG has forwarded additional information and remain in contact with this prospect, most recently on July 2ih. Proiect 02-R: This contact owns a business in the area and is currently leasing space. In 2004 the developer entered n agreement to purchase an B+ acre industrial site in the City. The developer is planning to submit site pia s later this year. The EDA reviewed the site plan per the Business Park covenants at their July 21" meetin . The PC will review the site plan next. Construction to commence this summer/fall. Ten new jobs added 0 community. Proiect 03-A: These developers are interested in a large highway commercial development in an area not yet annexed in 0 the City. MDG has been working with them over the past few years. Follow up and discussion continues n a routine basis. MDG followed up with this lead on June 29th via email and spoke to contact on June 2i . MDG met with prospect on July 6th and emailed on July 2ih Proiect 04-H: This project invoives an historic building in the downtown which recently changed owners. MDG met with t e new property owner's representative on several occasions. MDG met with the developer's planni g consultant on June 22"'. Strack iast spoke with the project consultant on July 26th EDA Monthly Project Report Junel 2005 Page Proiect 04-M: This business is currently located in another community and has committed to relocating to St. Josep . Staff follows up with the contact on a weekly/bi-weeklybasis as needed. Construction is slated to begin in 2006 with occupancy in 2007. Staff and the developer/consultants have been meeting one to two times per week. Proiect 05-A: This prospect contacted the City in March 2005 regarding a possible redevelopment project. Since that time, this prospect has purchased an existing facility within the community and is contemplating rehabilitation. Preiiminary building plans have been submitted. MDG last spoke with the prospect on July 21st, 29th and n~ i I Proiect 05-D: 1 MDG spoke to the project representative on June 220d and for an extended period of time on June 29th. MDG met with related development representative on June 29th. Emailed project contact re: development on June 29th MDG exchanged correspondence with this contact throughout the weeks of July 19th and 25th Proiect 05-F: MDG met with this prospect initially on July 220d I , Other: ! MDG is part of the T AC for the southern collector street corridor study. MDG represents the EDA and' act as an information conduit between those facilitating the study and the EDA. ' MDG provides active leadership to the downtown' redevelopment committee. To date the Downtown Committee has compiled reference tools/documents including but not limited to: · Mission statement and goals; Pictorial directory of downtown properties; Written inventory of downtown property dimensions, values, ownership, taxe's, etc. Individual surveys with property/business owners to determine actual sf of retail, office and residential space along with hours of operation, plans for sale/expansion/demolition, age of structure. interest in rehab, etc.; , Definitions of important terms; Pictorial documentation and review of existing streetscape, building design, architectural elements, signage, roof lines, etc, within the downtown; Examination of downtown 'footprint' and appropriateness thereof; · · · · · 1 i , At the July 27'h meeting the Downtown Committee will receive a work plan ¿rioritization questionnkire for completion and discussion at the August 24th meeting. · MDG, Inc. has been working on TIF reports for TIF 1-3 and TIF 1-4. EDA Monthly Project Report Junel2005 Page St. Benedict's Monastery 104 Chapel Lane Sf. Joseph, Minnesota 56374-0220 REC~I'VED AUG ¡ o .2 Za05 CITY OF ST I . JOSEPH July 30, 2005 Judy Weyrens, Admìnstrator P.O.Box 668 St. Joseph., Minnesota 56374 Dear Judy Weyrens: I am writing to plead with you to consider other alternatives than the road through Saint Benedict's monastery property for the upcoming Collector road. The proposed collector road through St. Benedict's Monastery property would jeopardize our naturally quiet and sacred space for all who long for and use the kind of space this property provides. Monasteries have always had sacred spaces to nourish the soul; the space being considered for the collector road is this kind of space. It provides for both spiritual and environmental well being. College students, sisters, retreatants, and lay people are grateful for this space. Building the road on the proposed spot would create an irreversible block to our sisters' way of life and prevent us from sharing these spaces with the people who so long for them. . Once more, I beg you to consider alternative ways to meet the collector road need. Sincerely, 9-æ~ ~rf~ RECEIVED . , v 1 20115 July 29,.2005 To: Judy ',leyrens ¡< .. f·O. )3ox668 '.., ,. '.. ----si.-Joseph,Þ:ilf 56374~·-· From: Katr~een Miller 141 101:h :Ave.N. ìlaite Park,mll" 56387 ". .".0,"__.-'-'-..,' Dear Judy, Þly purpose in w-riting is to ask you· to be count r. cul tural and to vote against the possibility of constructing å raod through the St. Benedict Monastery!c;ollege campus. I ¡dll,keep this brie:f, as I expect you have already received hundreds of letters clearly stating the many reasons ;;hy you should be look- ing at other options for this proposed road. I share the concerns of the Sisters of St. Ben- edict, the college students, and the residents 0 St. Joe. The proposed road w-ould present serious safety hazards for all, with lasting and L"Te- versible consequenoes. Please add to the concerns already stated by oth rs, my concern for the sa:fety of the women w-ho atten St. Ben's College. ¡lith the great numbers of sex offenders, missing persons and abductions, It. a road th.."'Ough the college campus would put them even more at risk. Please, let's make choices to protect the students as much as possible. I plead tdth you to w-eigh the benefits of the proposed road. Pléase consider this moment in history: õrl.ll. future generations look back with regret on this decision that would change not onl the st. Joe landscape, 'but the lifestyle of your com!llu!'lÍ ty? Is it really worth putting a mqd thro gh St. Joe just to save commuters a minute or t;;o on their ,lay to st. Cloud? I pray tr.a.t an alternative plan will be made. Sincerely, ~Lt~, RECEIVED rLuV\ , () Av::L¡ r¡- ( !-luG 0 1 Z005 ¡ " flTY OF ST. JOSEPH 0- (JL...-.."v~ ;\ Ii ,/ .fA ,,,;/7)1) _ ,V '- Y_~Jj (/,,, L,~:'W ß'-G0 /lK/"~ µ ~ ::, X:~3\ Lc~ Y~Vj~µ ,,~ T~ J~&J q VV\..~~_ ()---'-¡, flu '-ú--.!JJ:;p- "/1 )i,,-k, '-_.j T) 'J. " ,j ì <.J \..¿2.//~ /l~, ~J! "+- /) /1,/-1 ß.A /-f-I}'I ~ ¡ 1\ t ;' !I./~ ·/L "; A" ,!i~'''-'t.-,¿>\,--, 0-......../I,ì.-c/ ./ ~J\.f¿ v\..J u vb '!vŸ/ lL¿~!p~ \J / '/I ~/t;~r\.f.,;; ! n(}, I1·+, ---'-I(__J.../" ;,...../ _/'J~" 0' ~ /jl'\ """""1',,,,/"' , t~-~t--~ .. ~/!-'~l/ ;', . -1-.. ; ,j, 1_" ..()..../:l.x/f..</"'f v'- - (í'''- (J ' ,,~,~j:1 /_~)17-, ;e-v, ¡ ~_/~/L' .......(....-<...........', , r') ~ /Ì ( ;",,"..../ -~( 7'-~ ( ¿J '<) ;1 J :¡ -") A~-T k......!_--<-.-o-"' \j-'v_¡:;:CLr_>,j)'"",''-''' - .,,,' ~ ' "'i,."\' ~ f \ .: I 'T I ' /t~--'-~.r:-l..-~ ¡^ ,.. , \..../C.....C/l./\ c¡ .-"t- V l ~'-'~.../Û-P ¿~v"Z¿M ,;. ¡ },-,\...,\ ))/UUJ( +-i} A !ML", / . ./ L-A'" t¿,/U........ ! ¡ /è_/'Lx (),:j~\? U , .. ; () t .\ \ ", ". LA.,,) U"l::JZ)-Lv:. ¿¿/V\-I'~ /4 i~' ,<-/',___/ .--Á"'\....,L....-y''1 l^J--e,L·() _, i 'jt..,·/V\.' (Ç:./~~L ¡ v Uf-'! .--r _'./ "'.1 2V~"--i)_ " jA../J_,) ;t--t) _/tL4i p /ti'V'U).....u?,0, ~.~'- ' I ! [I \1 _ 1 I -) i U ., t O....L.....; V "..J...¡..~,}-lI tp,r\ O---'~~ " ¡ ..-rf' ' ¿L/1 ,).... ,U, ,j ni ~ - ;.~~""-'-II "'ì , 1 t:t/·L...?.....ðc/Î --"""'n AJ!,J...,(iA'J.-. / " oj N-. <j u.,,""-CJ--c--r I .. '-'{I} /Y1 (.¡;l~LA-{)jJ VV-' CL<JJ i /'[ A' I ?! L/~/¿/V' \.J CL.,/I,);L \¡~, tYl --t/1", a d. ~,::!:L- !\ ---' 1 .-Ii h . -I-,'.fI- -, / Ct~-,L/Vì.A-./'J.....L/j--~ .' ') () J.tuuu j) .. J ./A:"-t/1/"ø I) /,1) 0. '"' \~j, .".\ .n, ¡\-X..', \::::..-A",,1 ! ',-, "" ,\/ ~.. ô'- Î' ,J.... /Y.-i--~J f' ' "'''-V'I ,\, /'C¡h .. ~ ["\ ¡.-Wi ç,-' (-,' ,~ (JL..-IJJ¿A./"(\ ( /\::/...?-.. '-"~ -----/ ,,,") '\ =' (:? (/'1- " .2..,.x:. A/" I:. (" U ¡ì .. ILl - ' ~_~ _~~ JI~'=;;-- i Iii.< - I ~~' I (){jr,c,? /)..' ¡ - ~) K/ V ~C v \f..'J-Jt¡1 ~ _ ;t I' ¡/j I' c.¡ W '" i :7' '-t 01 ; ',r) fl, " .. " ~ U 1 IV I ,_ ;1""" Ó·' ...,¿ \-j ~?~j : r JffiIE1fIHI 1fmIE §CIHIAlFIEIR TJHIJ[JE § reJHIAJFJE IR. Are re <0> lLTNTJ[NG CITY OF T. JOSEPH St. Joseph City Council PO Box 668 St. Joseph, MN 56374 Dear City Council Members; F or years, the good sisters of the Order of St. Benedict have given so much of themselves to your community, to children, to the poor, and to the sick. It is with great disappointment to hear about the proposal to put a three lane road with a 40 MPH speed limit directly through their monastery. Please find an alternative course for of action, for which many may see as an unconscionable act by your city council. Sincerely, -=-~-d,-'--i~ch8b- Beth Thieschafer Thieschafer Accounting 317 East Main Street + Melrose, Minnesota 56352 Phone (320) 256-7374 July 26, 2005 RECEIVED ~UL 2 7 2005 I CITY OF ST. JOSEPH To: Richard Carlbom, Mayor Councilpersons: AI Rassier Ross Rieke Renee Symanietz Dale Wick ./Judy Weyrens, Administrator/Clerk From: MargaretHUghe~-;0J "-- 128 Able Court &SV St. Joseph, MN 56374 Re: Field Street Study We (my husband Thomas and myself), are residents of St. Joseph, MN, and have recently been reviewing the activity connected to the Field Street Study. Upon hearing some of the proposals and the rationale for the study that is currently being considered by the Technical Advisory Committee, we felt a need to address our concerns to the City Council and City Administrator. The current proposal that the Technical Advisory Committee is focusing on, ultimately would create a huge impact on an area of fannland, woodlands and property of the Monastery, College and local farm landowners. The metro engineering finn, WSB, that has been hired by the city to bring forth a proposal is looking at one that seemingly is the i most feasible on a map. The TAC members are meeting with this fmn to supply the "local" mput as the finn puts together their proposal. My attendance at the TAC meeting' on July 21, along with the posted minutes of the previous meetings, (which were very , tardy in being posted) left me with the feeling that the TAC members were not an I "Advisory" group in the true meaning of Advisory. Member, Kara Hennes OSB ,was thb one member that repeatedly presented challenging questions about the current proposal ! that is being presented. And she should be, as the monastery land is one area that will i suffer a devastating impact with this proposal. At what environmental cost to the City of St. Joseph and the residents and as well to the College of St. Benedict residents? The finn that has been hired is not concerned with these issues. Their concern is to carry' out the initial goal. To have a road that carries traffic from point A to point B in the most efficient way with no consideration for any issues that are not of an engineering nature. I! was looking for the Advisory Committee to input more challenges to the finn and in ordt!r for the TAC to be truly "advisory" as they sit on the committee, they should be having a greater amount of dialogue with the residents. There has not been any opportunity since the April, 2005, meeting. And attendance at the TAC meetings does not allow for non- members to speak. They may end up finding that an environmental assessment may create some issues. Further along, they may find that results from an environmental impact study may create some issues. Listening to the conversations that took place at the July 21, 2005, TAC meeting, I left with the impression that the finn does not feel that there will be environmental issues significant enough to have to abort this plan. They most certainly would not be pursuing at this level if they felt otherwise. Should not the residents of St. Joseph be concerned that this will be the recommendation made to the council for approval? I am. If the current road system is not safe, (and I consider that the number one issue vs. how fast can 1 get to my destination), 1 feel there are far less invasive and risky alternatives. What has happened to the very predominant idea of frontage road use? What is inappropriate about using existing roads that could bring traffic to the desired locations that the current proposal is attempting to do? There are existing roads in place that need to be studied for feasability rather than destroying and uprooting areas that need not be in this plan. As the city grows, there will be growing pains. 1 ask that you as elected officials of the people of S1. Joseph, be in contact with the residents of S1. Joseph so that you are able to vote not as one person that lives in the City, but to vote as the majority of the residents of St. Joseph choose. The Monastery was affected by eminent domain when 194 was constructed. Should these same people again be impacted for a project that could well be done in a different manner if consideration were given to the alternatives? 1 say, "Shame on all of us residents in the City ofSt. Joseph if we end up doing this." Where would St. Joseph be without the College population? Than again, how could there ever have been a College without the financial support and work of the Monastery? There would be no Lab School in St. Joseph as the Monastery members were the starting teachers and administers for many years. Would we have a Regional Medical Center Hospital in St. Cloud? Would we have Cathedral High School? Would we have St. Benedict's Center? Would we have all of the many other private grade schools associated with parishes in all of Central Minnesota? 1 would have to say, highly un1ikely. So what does all of that have to do with the Field Street Study? 1 say a lot. We must immediately start thinking of the current Environmental Assessment that we as residents of St. Joseph must do. The state of Minnesota does not live here. We do. We need to look at the change of the environment that will result for those that live, work, recreate here. We need to do a better evaluation for this proposal and look at the roadways currently in place and stop thinking of forging ahead like bulldozers and go through any part of that woods and farmlands. Do we want to be a city of asphalt, high speed zones for cars, increased traffic next to parks ,old growth woods and wetlands, college activity areas and residence halls? We seem to already be on a "slippery slope" with growth as evidenced by the water restrictions we just faced for outside use. How many more plats of home and commercial water users will be springing up and attempting to do so with our current system? Where are our current parks? Where can we preserve current quiet spaces? Where are trees that are to be re-planted for those that are cut for new development? And we all know how long it takes a woods to really become a woods. My point being that the residents and their elected officials must be very smart and use wisdom in our planning. We can not do the type of "knee jerk" reaction planning that has gotten some of our neighboring communities into some unpleasant scenarios. Is there 1 anything wrong with residents saying, "we want to slow down and make prudent decisions"? I am asking you as council members to have some creative ways to allow your St. Josep~ residents to be talking to you. It is imperative that these people feel there is an "invited" ! opportunity to allow them to express their wishes as you are the ones to ultimately be oui voice in this decision. Up to now, since April, there has not been any opportunity at an "invited"level, and many residents do not have any idea of what the proposal is or the timing of any of this. I did not know of the TAC until the July 4th incident at our Parish Festival. When the mention of having residents read minutes and explore the Field S1reet Study by reading the web site for the city, we need to keep in mind that there is a significant population in St. Joseph that are not internet users so they would not be able to keep up with this as an information mechanism. Thank you for your time and attention to this matter, and I will continue to keep myself informed as a resident. I would welcome any feedback from any of you that choose to respond as well as looking forward to some soon to be "invited" opportunities for the residents to be able to express themselves. RECEIVED JUL 2 8 Z005 Judy Weyrens, Administrator P.O. Box 668 St Joseph, MN 56374 CITY OF ST. JOSEPH The proposed St. Joseph roadway project that will invade and subdivide Sisters of St. Benedict Monastery property must not go forward. You have the power and responsibility to make more suitable choices in traffic control. We are strongly opposed to usurping land that is being tended by the Sisters with the concerns for community and environment primary in their operation for the purpose of traffic management. Please act in the best interest ofthe Sisters and the community and oppose this traffic plan. Thank you, 1/' ~~~j - ,,' . , /7' Æ1:/1/f /j/",0','A,/ry- ...... ,¡,.,:' '" . '""/ Ii,,_,' " Gene and Judy Brannan 1152 Willow Run Ct. Waite Park, MN 56387 July 26, 2005 Marie L Hanauska I RECEIVED 1 JUL 28 2005 CITY OF ST. JOSEPH July 25, 2005 Judy Weyrens PO Box 668 St Joseph, MN 56374 Dear Ms Weyrens, Population density is rapidly increasing in this whole area of Stearns County. Waite Park, Avon, Albany, St Augusta, Sartell and St Joseph are bursting with growth. There are new developments, new strip malls and new roads. In reality they all look alike. amy St Joseph has the opportunity to be different, to be unique. Only St Joe is blessed with a . Benedictine Monastery that has protected and preserved nearly 180 acres of prime wetlands, grasslands and woods. Put the collector road somewhere else, let people know that the community of St Joe has higher values. Sincerely, /;71?4:~ ..;'i4f J t.-:f"'(./'~~ .,. /" ./~ Marie L Hanauska (A concerned citizen) Dear J...c-O.s. tv.z'y ¡"~-'~_ 7-22-05 /J~~' J'lr..,7;;r- As spiritual and [mancial supporters ofthe Benedictine community of St. Joseph, we are alarmed that the city ofS1. Joseph is studying the addition of a collector road that may be used as a commuter bypass for your city. This road would be a safety hazard to those on campus and, risk,§ e<2,ological damage to the Benedictines" 180 acres that is consideredsãCred lãnd. Please preserve this sacred land. Sincerely, ~ ~~ 0/.z:.-.0 ~<"«Lawrence and Ruby Olson ,()ff)¡¡y 1123 31st Ave North St. Cloud, Minnesota 56303 (320) 252-8347 C:¡-~~ tJ~ tW-~~~ ~~ ¡Yì1.f~yY) RECEIVED . ~ ¡;; ?n05 CITY OF ~ i, .,¡:..J....;.¡- ii ( , RECEIVED JUL2 1 2005 2606 15th Street North St. Cloud, MN 56303 CITY OF ST. JOSEPH July 19, 2005 Dear Ms. Weyrens, We are writing in support of the Sisters of the Order of Saint Benedict opposing the seizure of their land which they have owned and occupied for 148 years. Surely the sisters have been of great benefit to the city and community of St. Joseph during those years and to now be rewarded with the taking of their property seems to us crude and uncaring on your part. It reflects the materialistic culture rampant in today's society. Please abandon this proposal in the interest of fairness and justice. Sincerely, (\, (~). fì \,_.f', , -,,\ ''-{ tr'\ \\\\ ____....1..'3...."'...)....,,," ¡'-0 w<__~., . ,. " "'--", /Gene S. Bakke n-/'µ, 'J" ~<rU-'ld~_ Betty A. Bakke RE St. Benedicts Monestary St. Joseph, Minnesota July 19, 2005 Hi! Thank you for taking the time and energy studying along with the committee, the best location for a St. Joseph by-pass road. A tough job to say the least. You have been hearing and reading responses from many of our Sisters conceming the possible ro d through our monastery/college campus. Some of them have shared some very important facts abo t our land and history which I beg that you consider seriously in making your decision, I would just lik to share some of my thoughts and feelings of this project. I have been a member of this Benedictine community for 62 years and have loved and labored with the rest of the community to help develop, expand, and provide a special place of living and leaming for not just our Sisters, but the entire college, the St. Joseph Parish and Community and for the entire central Minnesota community. Now our students come from all over the USA and foreign countries s well. I also beg of you to VOTE "NO' TO BUILDING THE CONNECTING ROAD THROUGH OUR CAMPUS. For the past 150 years the Sisters have plowed, planted, harvested, fanmed this land for the sake of building up our monastery and our college campus. As we grew and expanded, so has the civic community around us. All would agree that the location of a Monastery and the St. Benedic s College have put St. Joseph, Minnesota on the map. Not only that, but our existence here has given a most special and unique fiavor to this small, rural community, an envy to many other towns in our state. Our St. Benedicts Monastery/College have always had a good relationship with the St. Joe Civic Community creating a beautiful Spirit that makes this a very attractive area for people to find their home. IT WOULD BE VERY SAD for our Monastery/College campus with its 312 Sisters and 2000 students, but also for the St. Joseph Civic and surrounding community if our land would be ripped apart and destroyed for our further development. The words that come to me now are, "Together w stand, divided we fall." I also feel that it would be THE BIGGEST MISTAKE that the St. Joseph Coun il has ever made. I can appreciate and accept your goals of "speedily moving traffic priority to commercial development, and relieving traffic conjestion." I HONESTLY BELIEVE THAT IN THIS SITUATION, ONE HAS TO LOOK AT ALL THE VALUES THE SISTERS AND OTHER CITIZENS HAVE EXPRESSED. AND IN THE LIGHT AND RESPECT OF WHAT OUR MONASTERY AND COLLEGE HAVE BROUGHT AND HOPE TO CONTINUE TO BRING to our town and our world, I BEG OF YOU TO TAKE TIME TO STUDY OTHER ALTERNATIVES. JIJL T. JOSEPH Sincerely yours, -<J /"...... .' ~.. A i.-1""'" /'1,. .. ~ \..'1""~ '>2i)t...d....,t¿v / /-"1 ~uP-,_ I,·) //!..!,/M .¡--- , ~ \\ 'd...ooiÔ ~~ ì.0 fl~""'~ ~, ~ ~G>~0 MJ t~ rr::> ""--'L~~' , n "~ ~--.-.. ~'~.il. ~ ../ ~ ~ ~~'Q ) j.ID 'tQ,! )~r~ ßo:tiro>0 ~v~, ~ ~........u -~~ ~<"~ ~~ 6--:{ ~cJ¿<0 & <L-, %-~ _r:' ~J-.- ~ I ~J.uz..tt va,! ~: ~~ t-a t~ ~z,--.o. i -P (), ' "7\' i ~~Q ~'-.Q."-,,,,-( ìJ--.-""-"'~ · l , Yr>~) ~~ ~~\-.. ~¡vu,-",~-:- ! 'l.o' ,,1::.. ~ Q.... '<---',,~ ~ ~ I' " ~ (\ - , " _ -þ-, J , , ~ ~c:£l \::::.k.-...-"Lu....... \::JL.....z. .î--r\ ó--'Y'\ CV'.......~ r\ ~L~~~~~ ~ ,Ltc,)Jb,.--v--~ .-r~ ~'--'-- .l.w CLy-. ~~-.......-.3-) ~ -.!í ~ 'to r2-~ ~ ~ ~~d RE~ ..w\- ;.02è.-¿ 0 Q -ei. ~ ~~ ~ JUL132005 ~~~ I CITY OF ST. JOSEPH ~ 0.. " l~~J~ 3402 22ndSt. S. #210 St. Cloud, MN 56301 July 11, 2005 Ms. Judy Weyrens P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens: I want to express my opposition to the placement of the road under your consideration, which would cut through the grounds of the S1. Benedict Monastery. Although I am not in your constituency, for the fifty years I have lived in S1. Cloud I have known many Sisters of S1. Benedict and am aware of the positive presence their monastery and college have had in your community and ours. The collector road passing through their property would be a terrible blow to the sisters and thus to their many other supporters and me. Please consider their reasons for objecting to this road and use your vote and influence to prohibit it. .sincerely, Vc.± J~ Patricia Hill RECEi' JUL 1 3 005 CITY OF ST. J tiE",," SÎsters ot the Order ot Saínt .5ene (y~¿./ // ,,__ "l 7 //;:7 ,/ r:)c.'\' G'f .,'- ) ,z______ ,/!' I~Þ _~,~ "'/" .."--~ /./' .::;/ ..:¡;~~'t:.....;C~~'t~.,.- ,1 Cj' .. !~~/ --<2-.'~_~""'" .. /.; ~. 7..::¿..>""C C/ /"7 ' ~U, !r;l,<~h.~é' , ./' /"'y""'-<....--.. .,..-/<_L:.~-· .. 1" /-4_,'-"------LC"--;1'~LL_.. 2"¿;i"-L.c,.-"'(,-i'r___' /(.--"Þ""'-'~~' /.......-[,~,.~,- /'1 '/ C.:i'-- ;..16i~;~__."".-:. ,", T r" , fr-,?~__¿- z~c.,;~___--",--......." ----- {'1'-/ , t:_ /} /.L-ií·__-e-",-<:-_,L~; (!.:-",~:!:.'¢:.:"<-~4:.._- /)+~'-<Ä-/""-. .-t:.J._.v <77.. ~<:/C-.<~' ("-< /_ ,c ' ~.,A'.<c.?C....-;;-~~~_ ¿!,-.¿'""- / C-.f_>--<..-.f-':.".'___ - ~""-:'~..-<'; _.',.-",',_"<..-f. ¿>;..'''-i~..4'--&' ----e·__c'_'" /..:__..,~i~_ ,:;.<,:,...f'-",:..r ,.'---:"~'-- -:..¿'-~ ..... ,;/ -- ....~._-" <YF~' c;;,..-:':.._ t'>, 0 <, ~'l'" ~-t:.::..k"':;.--<t....../_:~"; £.'",:-.,,- /:'/J 1/'/ ...:_ç~-;~:_ ._:""'-J-.. _.L~) -,"C:tß-c.~~ 1j ~~'~~--L"';"cL._~~ / I (,-~_~~_C {Þ-~ j -cj}:'..-:L ¿;,L4._¿_,_~_ Y'-'J~c-r---> .I.-">/_"~' _. j (/ :) RECEiVED JUL 1 'I "00- , _ v L J Saint Scholastica Convent 1845 20th Avenue SE, St. Cloud, MN 56304..2417 Phone (320)251-2225, Fax (320) 251w1455, www.sbm.osb.org CiTV OF ST. JOSEPH , I ! / RECEiVED JUL 1 3 Z005 'CfÏ'YOFST.JOSEPH ---'.--.-.,-...--..-.- "-'------'-.-". -..._--"._-~-._,-_.._--~ ." ...___...___~ n..._ ....__...~~~___.__"._"..._. / " '.'-"'".....- . /7 /;!_,_ -_--k:.U.:.t&-1."..l;J-'-----.---..SL/7/ d' .. -... 0 'Yf1.-"&tL¿e;4_--,~f{'Anct.z!'¿'>'Î /07 '2.;;;'1-______ ..--~--- _.",,----, ^"""O"'''': cd ; I.., --1-::/ "",,-,,, - 07/pJ/05 lJ¿tJ¿~ VJ1~. II I~ / n../ u£<r~'<V < --d ä::n1!.< fA...ð-?Y~ J-/ {!.flu.¿ L ¿:'<...Lr , {. , -4-1 .,/2 æz.<-¿ a...- f..i¿d...-t'J-Vl. t/...jJ .(.¿1- ,!¡;t¿¿/- /..:;'c..- .L/'ZA!.... ¡ j ¡J .k~ ' ...L ,,7-4 --j-- , I ¡iYt ' t).2'¿1.¿¿X:.t.U A.-' /llth.1â..¿¿U¡ /L'~...b, I .~/Zf 1¿M4/ C2r ...j Aj2.¿?<.r þ';t.C Ü;¿~ /lZll cu.¿/]{/~ Ù/..æÆt?I../,; ;;jÍ¿...¿C./V-t.. àAL¿V ¿2.."Yl'L ¿ . .' 4 . / I -,-'I . ¡ ... ·r./,!':/ {.hZd... ¿?"t.,tLl'ðL ¿Uf ,-{.(/z¿ .ff/r?A,U¿,?:lC-.¿. '-d ...:Ú;¿¿:L' " [i ? ,1cÝt..¿/i. ;il!.r.J...L U/#-ð6J!L... w1/!..¿Ad0''¿ /h;¿C.e.Â.- ,.At " ,., /.1 /}' j A,/~~'. /d~ft/J/}'i-L, )ff¿J.:.'¿-1·~F'7' 'f' _J;.-f:::'" ~ ~J /~/ 1?/?,'L/"./i--rLâ "'''' ,.' .,...,-/- ~ V ¿ , ~ ¿~ßD¿Z/ 4r,--:r7 ¿:-(. /d:~·-ryu.!.- '" " /Î / .. i /¡f.J¿ð.¿>7:X:'<: 6::/ 4~¿éL. a;.~r~"U.;¡CT' - 1/ 1 ..¿.C!. d( d4..~' _1- ..-1--+ ;/. , . /..>._~/~_ ,>'.', / /7," 0 ",' _. '" ..i.., _ .(. /f "- -G.. i-_/¿¿>L.-G, --,-;¿-"_?'? ,,/ ,Ç¿:'1e.~'$þTL~ .M 1f a~ .:; - 4¿bnL /U' L /b ¿!~~~-l -i/1/L:L-- .~.u.... ¿(/U..d. ~'/f jí,'..Ü!J:! é.l¿.'z;;l;¡L-~ØI ¿~'~.I '1 -t-il ,l ...' /1... ...z/1.i...J... ....-?L/éwz:;.,7· /{'/1/1 cX--<!/H.-bé¿"/ZL'J-]£-n1!¿H..¿-, ¿1~ } r-'..l::e&'>t.J:!. 12.../) /i"¿1J,;t æ1 ;:t7Ïuc, 7f}..¿ ÜM~' ¡ .I' 4 ,¿lé~ a..1.Uá¡ " I . )/J¿r&tv d :!! aYYVV?t ....-o'C¡,;f, , "lo.-71./41v µt/ " ¿/ i!t¿40-r..Ú¡ ! ~ ~ - ~ ..J p . r,j . . -{ JI .! 'à !~ \) 01 '3- 1 'i) ~ :3 '~.f J P «] rr; ~ ~ i.' ~ v?~ j. .~, oi ~~ _. ~ 1 ) . · fu~" .. :, '. q 1i;. c~ ªl of ~ j 1 ~ f f7j ~ t4 ;; ~ ,-I} ~,~ b 1 j è.. ~ v] I, . .5 ) Þ _. ~ -J F'Pc-l ~ jJ .¡J~ J v d-D -{ . . 1. ;) ~ '"1 ~ ~ j) ,\' ¿ >- 'f J'.. ~1 J ðJ) J . . . J ~ ~ 1 -;-o>}' . r J"1 ~ ~ 3 · j 10 6þ ~ f71 f' ~" J J JV' I-] 111-1' i:J"" . -3 J i -:r" r~ -!i "" . 1: ;¿j{u.¿Þ1ß:~~ )1fJl1/' ,:5-1:, 379 r~3- /:{, ~í)t',5' ~~ 11~(UVW-f (}~u'Ýv¿J~v P () /~ (ç6J? db, ~v, t;~'þv S-':' 3 /7< B.LeJv ,ÎÎ1uÞ RECEIVED JU~ 1 4 2005 CITY ' of ST. JOSEPH 1 ',}¡J/' /1'ß~'t-14) .u¿µ ..-4'¿z'u) Á-"v /4,' AÁ- ,1~~ Á--t- ~ ~) ('tw(Í 4&.) c¿4p :7 -47_~' 4/ A.er!ß·JIAf-¿de>v ~! ¡e./vðp"';'; i o-d-::t£-~"t ò- é. de" d';. v /z...é-~ ddw.-u ~ :if) ~l-.(t{j¿'¡& ff/L&-u1'!-'--t,:) .yff /:LN-¿;d¿~¿; mðn-tt.a.7i?f c:f"'c7..- Jti¡Ç ?V'-d/ ;7-£C4/ ..Lé/~'-ð'/ .-/~.rf.ec.,(,... ~!..-t: ¿tl-r~ ßk.ûi~i! i';t/u ~"{V, Z¡pU-'A..¿d?~ .-It-t"l-c' Æ~Le-+'~~ .ltlle(: t¡J2 ,J t.ucæ.j t2AlA-{;",tz/t Æt:/ C~Û( Y .425. ý~;;Z...e~! £1/'- L'c:.C!IV~~¿; --C.dc(.:!a::t¿¿¡~(..d-t2 et.-v<--d éuéz'ù"[â_~ d.e¡,.v.'e~k7!;- , Ui-W-£:.<vJU dc..¿L..i -:¡-et:vW..--', ~f! d..o:"b dü¿/,//?,,¿ Í/'Ú..-· a/+~)U a.-.v.J.. Æ.....da.f/..J-µ,£,..;~:tJl.e.) /?.6''iZß .-(..L'?'-uê.Æ! C--Cc.--u--V/~ ¥Þn../, á +/ , .1'" ...,/ ~.~ . ¡ ~ <../Þl....t'U"u-G -ð---~ ,-h4'¿£!-~i:.-" ,..¿.u ...;c.r<-L"¿1U ¡:. ¿,;;-t...c / At.-~¿¿£) Þc-'-~-iJ !¿t.-, ~<,-ÓV t!.~7~"<¿U":"'Z¿';...J ~ ~.-'z..<:<:t"'Ä,,-) '!-<rwa-J, );J? â ~ /'L-ð--te.<¿Zl~ A-v';'éé'0 A-<?C~ ..z¡{...~<..! C~~ !¿¿,..u¿'..< ..fïA u~ ¿eL-~¿ ; þ...... - A...e..&..¿ /:";"-r {'.c?,..,df!::..u. 6 "'u< ~7.u __ . . Æ.e~ (?¿¿tL,u' d.é'.;;t .?M-¿7.dt,acaj /Z,(l.¿V¿£ t/ r' - , . ! "£'{/L€..êt./ :-i/I-(c u, tL-'uiè/ t'~tïl.e..i.J. <¡dï-_"7¿..a,..J --r- ¿;cuL~f Pf..4':U" uci d~ c¿~J"';Æ'f~/~'W~~~~l,~~o ~/~~ ¿tAA-d (£Vc...L'~"<"'ð-£ .e¿~~ ?ì1tw¡- ~, )t..~t /Jfo-~ ~éJft"<-<-- ù'- . " 0./' J 1/.. +--t'lf I fJUUi-t'-c',..<,¡, ;:tþt.Q...! '«a,rt.-d H.Ubl..¡..¿¿" ,{J.1 ¡ -u...-~i.. ~ ¿/ r...L·é.d·t1:-t. V -":/",; ,--~£æ",j ~-<'-~ July 18, 2005 Richard Carlbom, Mayor City of St. Joseph 818 Minnesota Street East St. Joseph, MN 56374 R.ECEIVED JUL 1 9 Zaa5 CITY OF ST. JOSEPH Dear Mayor Carlbom: The reason for writing you at this time is to express my concern about the plan for Field Street and the implications the proposed path will have on this community as a whole and in particular, St. Benedict's Monastery and St. Benedict's College. We hear so much from members of the Planning Commission and Council members about "the small town feel and atmosphere". As a iife-Iong resident of this city that longing for the small town comforts is quickly diminishing. Putting in 12th Avenue connecting Minnesota Street to Highway 75 certainly has done nothing to preserve the small town ambiance. The additional traffic on Minnesota Street borders on horrendous with its increased large truck traffic. I understand the purpose of the 12th Avenue connection is to eventually make it possible to direct traffic to a proposed connection to 1-94. That too would rob the completely residential area of its quiet and peaceful existence. I don't know who comes up with these plans. I understand the the designers of Field Street are from the Twin City area. They can make these plans because they have nothing to lose. They get paid and they are gone and the residents are left to pick up the pieces. I feel the proposed route of Field Street is absolutely wrong. It would be destructive of the life of the Monastic community and the students who attend the college. The traffic .and the noise ~~18,~o :s t:L~-:r;;:,/ Qi,@. ð",y. (~¡;'ð ';j.¡,.c.~.' \'1 Õ . . V ¡ ( l,M-.,·/ -rJ./i./"- WL'fv.--~.v, ,Ji,'Y?V (Î"-"'1.Zt',A'1 _h-'--Y~---k..,..----}- '::v-'--<0 íf--<'<',¡, U~..-"-~( ¿íÞ~rk 7J~ß.- <!--:::t:'j ~ ~k d'~- ,,,c~ Q..b-n/~Le>-V4,t ~ ~,-"~'J <"-1 i ú-~,:t;v'v j,-,<,....-..t...J ~ t")-<.J-'C--<.A.ll ¿r> ;d".+;rL ;.cµ. ...J /Yf¡""~'i>""-."_/.......t.-..---:.,..) , r-<~~-'>-'}-:..J :1 cl..c<.)'" .rL':?_"_~~/..fo I ,! ::f.:-, ;c4Z,2" i:~...M.""'·"C"~\¿ , ',J \3, -.. I ç"'~" .. ~ < . -0,,- ,-,,'-,~, ...........-ï-....... ~ ~/Y)'\ /LA..,¿A........f "'YT",--"--"",,--~ £} (\ ,) (JJ¡",,--,,-<t~~J ryc:":~J ¡ ~v4..,:~. i...f- ~l " f1 ,-i CA;;-X.Z-..~~-:::Lz~-A- , I,,, _, .~ 1 (J"y\."v-vÄ..; Xð ~ r",-;r- '-~'t ~(, ,~~ //1.t-t_A../I,.-C-<^......~J,-~U 0---<..A..--tÁ..-". 0V>~ --=~ a-~_~ i''';;:''~ (J,~/~ .. /)At~1 ~ J_,..",J¿ rfu'-rx.. /,...,.-............J ¡ i ¡ :J.-.¡~ I , fYi'~i.., ~r~v It---<- ~..x. =..... êc-e.Æ...~,-<-~-,-...-- C). " C:./ J...-JAß/--V n íVO·..fì:-", /~ /JA> Vi' ./~a ,¿(,u"£"-,..v ,~~ Ii : V -µ, )~ ~ Q.A. ~ c...C>-y¡·~~'::Z·r 7th).. c..v-e.v~ o ~'-"'-iL "'A.Âc...... :~ ~<I;:.. , 1 , i S./~,....J2.-3' , i . ' 1 'Y" ¡-J..<W~ ..d ,'J-.."-1-'-~ , ,&~ q.-.....u./) . -Y~" ' ~ ..-- 0_ .. \ July 21,2005 Ms. Judy Weyrens, City Administrator City Hall St. Joseph, MN 56374 Dear Judy: We are writing to express our opposition to the Technical Advisory Committee and Area Planning Organization's plan to build a new collector road between 1-94 and CR 2. Their consideration of this plan will devastate the Rassier farm land, the St. Benedict Monastery( wild life and woods which they have nurtured for over 148 years), and the College campus. In addition, it will negatively affect the St. Joseph cemetery. We, community citizensl tax payers, purchased our lots at the new cemetery in good faith and we do not want a highway running right past the cemetery. We are certain that the President of the College also does not want the highway to run close to her new "residence" on College Avenue. This decision will add air pollution and noise pollution to the community. The potential contamination of our safe drinking water needs to be considered. We already have'water problems because the city allowed developers to build, build and build without considering the effect on our water supply. We are the only city to have such stringent water restrictions in place within the entire State. Why do you and the other Council member listen to these engineers and others on the committees? How many of the individuals on the T AC and APO are St. Joseph community citizens? Do they care about the community or only care about building a fast thoroughfare to get the "out of community people" into St. Cloud and to the St. Joseph commercial development sites which are still in the planning stages???? Consider the impact on what they are proposing. Use the planning that was devised years ago in handling this situation rather than re- inventing the wheel - a new wheel which has thorned spokes. Judy, we would appreciate you support in opposing the building of this road. ~fa""ensre;" =~;. 208 East Ash Str et 208 East Ash Street St. Joseph, MN 56374 St. Joseph, MN 56374 363-7974 nettie@mywdo.com 1 RECflVEIJ JUL 2, 2 Z005 1228 Willow Pond DrR!~Y OF ST. JOSEPH Waite Park, MN 56387 July 21,2005 Ms. Judy Weyrens, Administrator P.O. Box 668 St. Joseph, MN 56374 . Dear Ms. Weyrens, We are writing to encourage you to preserve the St. Benedict's property, and not have it broken up by a road going through it. The woods and prairie are used for recreation as well as for saving the land for many ecological reasons. The land is used not only by the St. Benedict's community but also by the public. The aquifer under the woods supplies water for the entire city of St. Joseph. Any pollution coming ITom a road going through it would very possibly contaminate that water supply. A road going through the woods would be irreversibly damaging to the St. Benedict's community, to the town ofSt. Joseph, and to the general public for many years to come. Please choose to protect this land. Very truly yours, (L.,.~) ";- /_ f' ¡,--- )J¿;f/,f!izJ¿ -+- ¿ -IIu.L Michael and Ethel Boyle fhe Chancery 214 Third Avenue South '0 Box 1248 3t Cloud MN 56302-124B :320) 251-2340 :ax (320) 251-0470 RECEI ED 'veiL. 2 2 2005 CITY OF ST. JO EPH July 21, 2005 Ms. Judy Weyrens P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens: I recently received a letter from Sister Nancy Bauer, OSB, Prioress for the Sisters of the Order of Saint Benedict in St. Joseph, Minnesota. In that letter she states that the city of St. Joseph is studying the addition of a collector road that, if approved, would come through the monastery grounds. I am aware that the 1 DO-acre parcel of wooded land is a very sacred and special place, not only to the Sisters of the monastery, but also to visitors and students of the campus. It is also special to those of us who have visited this parcel of land to enjoy its beauty and the preservation of the wonders of nature found there. I ask you as a city council member for the city of St. Joseph to protect this sacred parcel of land that is part of the Benedictine Community. Please seek an alternative land site for the construction of a collector road for the city of St. Joseph. Thank you for your service to the city of St. Joseph and also for your special consideration fertile Benedictine Sisters living within your community. Sincerely yours, Ç)ß?n6~??t/ Reverend Marvin G. Enneking Vicar General, Diocese of St. Cloud MGE/mbp cc: Sr. Nancy Bauer, aSB July 12, 2005 Alan Rassier 115 9th Ave. SE St. Joseph, MN 56374 Ross Rieke 41 5th Ave. NW St. Joseph, MN 56374 A T TOR N E Y S .A T L A WI Renee Symanietz 354 4th Ave.SE St. Joseph, MN 56374 Richard Carlbom, Mayor 818 Minnesota St. E. St. Joseph, MN 56374 Dale Wick 1211 Dale Street St. Joseph, MN 56374 Judy Weyrens, Administrator P.O. Box 668 St. Joseph, MN 56374 To St. Joseph City Council Members and Officials: I enclose two documents we recently received rrom t..~e Sisters of Saint Benedict. KEVIN J. HUGHES THþW,S E. MATHEWS P ML R. HARRis TAi! S. PETHYHRIDGE , ]AmUELlNE M. SCHUH Surely there must be some limitation on the mania of contemporary society in its preoccupatIOn with cars and speed. . Long after all here now are gone, the legacy of this decision will live on for those who make: it. I I I , I urge you to see the Sisters sanctuary as a jewel of great price. Yours very truly, ~w Enclosures ~~~ERALIKHugh"''''::=\05071!,lj"""mcial"",,jb.wpd IIC'S::<:-' SeniTi, \\.'1 ," 2¡Y1 ~ E';-. bc,:; S'j,ç, ~ Y.A!NHC;'Jr,' "(>:;C:::-iJ')·I¡(1 Sacred spaces: A land of the heart Historically the threat posed by the collector road has been around for a long time. 1 have several letters from biologists in which they give reasons why the road should not be built. Our prioresses frequently wrote to the city to oppose the road cutting through our grounds. Ecologically speak1ng, there are some important factors to speak to as we look at the land west of the monastery and college, roughly 180 acres. The woods comprise about 100 acres. The tall grass prairie spreads out over eight acres, and a growing oak savannah encompasses five acres. Within the woods there is a restored wetland, done with the help of the DNR, near Sacred Heart Hill (now alive with frogs and wood ducks). A tall grass swamp is found at the south end of the woods. A tiny corner of a small lake, No. 62 on the Stearns County Enviromnental Map, which we call Lake Sarah, is an extension of our wooded land. Lake Sarah is about three to four acres and is 20 feet deep. Small fish, ducks and other animal life call this lake home, while beautiful cattail and other emergent plant life abound around the edges. Periodically beavers come to set up residence and do their own harvesting of some of the trees, and that is fine, for the trees also belong to them. If we continue to move northeast, we come to the holding pond in the tall grass prairie and then we see 80 acres of cultivated fields. The fields are dissected by a line of trees running north-south. The strip of Siberian elms was put in to act as a shelterbelt during the years when the dust was blowing. The fields are farmed by a renter who carries out sustainable practices. The fields and agricultural land are sacred to us, a God-given gift. The woods area is made up of maple, basswood, red and white oak. One may find, as they meander through the woods, an ancient tree whose trunk is so big that it takes three people to encircle it! At one time the woods had majestic elm trees, but these have died out due to the ravages of the bark beetle. Even amid common, vicious invaders, such as buckthorn and honeysuckle, which can overgrow natural areas, the monastery tries to be a good steward of our land by working to maintain the biodiversity of the woods, savannah and marshy areas. About fifty years ago, milk and beef cattle grazed the woods until the monastery removed them to allow nature to reclaim the woodland. Only now are the woods reaching the final stages of recovery and new life. trees and flowers, is evident everywhere. Spring flowers are common inhabitants, including bloodroot, trillium, jack-in-the-pulpit, wild onion, meadow rue, showy orchis, wild geranium, ferns, mushrooms and other shrubs. Many of these flowers are found only in mature woods. To reach these natural wonders, two carefully marked trails were laid out. Most of these are cathedral-like with overarching trees that allow us to wander and wonder through the woods on comfortable, shaded paths. The trails are mowed and marked with directional signs. We have begun the task of building water erosion controls on some of the steeper trails. ~ ~, This woodland is shared with the local wildlife. Deer are the most numerous, to the point of allowing controlled hunts, but are a beautiful sight. Turkey, grouse, hoot owls and numerous woodpeckers of all kinds are both seen and heard. Many other common and uncommon birds are to be enjoyed, too. And what an experience when one sees the rare summer tanager for the first time! Sightings are made possible while quietly walking a path or by spending a time to pause and soak in the beauty that sUITounds one. Our four-season lodge provides warmth in the cooler months. Beneath the surface, one may find soils of sand and gravel laid down in broad outwash plains from the retreating Des Moines glacier. The deposits vary in thickness from about 10 feet near the lodge and continue to have greater thicknesses as one moves toward the campus. These water-bearing sands and gravels (the aquifer) are highlypenneable and water moves through quickly. The water table in this region is at about 27 feet from the surface but the wells of the campus go down to about 76 feet. The water table slopes and water flows from the southwest (from woods) to the northeast region under the campus including the city ofSt. Joseph. This same aquifer supplies water for the entire city ofSt. Joseph, the monastery and college campus. This aquifer is unconfined and there is nothing to prevent surface pollutants from entering and contaminating the water-even to the deeper depths of the wells. hnagine the amount of contaminants resulting from the construction of a two- or three-lane road cutting across the campus as well as the contaminants coming from cars and trucks on the road. What happens to the water supply of the city of St. Joseph, the monastery and college campus? We respect the woods and hope to maintain the rural spirit that we have created around St. Joseph. In addition, the woods absorb many air pollutants, including carbon dioxide, that blow over our grounds and city, are a supplier of newly manufactured oxygen-the very stuff we need to breathe-and act as an effective sound barrier from the busy interstate. Truly our woods can be called sacred. They are a part of God's creation given to us to be cared for, to be loved and to be enjoyed for the blessing they give. It is a place of grace for reflection and prayer, a place for discovery and surprise, a place to slow down and just be. A place where, if you are not careful, God will get to you. We do use the woods for all these reasons. A road bisecting the monastery grounds will put it offlimits for most of the Sisters, the college women who live here, the visitors at the Spirituality Center and from the local area. The consequences of such a road wi11 be irreversibly damaging to our community today and for many, many years to come. Let's choose the higher option to protect this "Land of the heart." Phyllis Plantenberg, OSB Biologist and ecologist RECEIVED JUL 14 Z005 CITY OF ST. JOSEPH PEACE! St. Scholastica Convent 1845 20th Ave. SE St. Cloud, MN 56304 July 9, 2005 Dear Judy Weyrens, Please consider and reconsider the proposed road from West County Road 2 through Saillt Benedict's Monastery, the College ofSaillt Benedict and Bob Rassier's fàrm to 20th Street near the Lighthouse. The two reasons given in favor of building that road are: to move traffic speedily through the City of St. Joseph and to give priority to commercial development. In other words, speed and money would effectively clisregard St. Joseph's City motto: "TomolTOw with Tradition", which refers to the 150+ years of history proudly held in common by the City of St. Joseph and St. Benedict's Monastery. This would be tragic, especially given the filct that both goals could be attailled by simply selecting a differbnt, less invasive route. I ask you to consider that seriously, and to move away from construction ofthis'road. There is a long list of good reasons why not to build the road in that position. In my mind, prime among them are: , * Endangering safe drinking water for the entire city by the likely polution of the natural aquifer. This aquifer supplies water for the entire city ofSt. Joseph, the monastery and the college. I Road construction and subsequent use by cars and trucks would contaminate the water and the dee¡kr wells. * Ruining the college campus and the monastery grounds. Keep in mind that St. Joseph benefits significantly by the presence of the College. At present College enrollment is high and steadily increasing, even more than St. John's University. Ruining the playing fields, the woods and the rural atmosphere could have a strong negative impact on enrolJrnent. * Cutting off access to the woods. This woods is sacred and more than special. That it shou'ld become off linúts for us sisters, for the college community, for visitors at the Spirituality Cbtter, for anyone...is too much to think about! i This woods in not any ordinary woods. It has been reclallned during the past 50 years, whdn cattle were removed from grazing in it, and has become a truly natural wonder in many aspects of flora and fauna. With its little lake, well-kept trails, and winterized cabin, it has a privileged place in'the lives of many. 1-94 has already cut off part of this woods; it cannot survive with the proposed road running through it. I Persona1ly, I have very deep fuelings about this project. My life at St. Benedict's began in 1~43 when I came to college, and bas continued since then during 59 blessed years of vowed life as a member of this Community. The college, the beautiful campus, including the woods, the fàrm land and rural setting, the lovely City ofSt. Joseph, which continues to improve its beauty and to grow in a homey sort of way - - -all of these and more fill me with disbelief and tears at the prospect of having them spoiled by a road which could just as well be placed elsewhere to achieve its purpose. . ¡ Have you been out to our woods? Have you seen where that road would go and what it wduld do to the Monastery/College campus? Come to the ICE CREAM SOCIAL to beld near the woods on Thursday, July 14, 6-8 PM. Or just come when you can and see for yourself Call S. Miriam Ardolf: 363-7174. Trusting in your good judgment to oppose this road, and wishing you blessings in St. Benedict, ;1 a! (\ 17,' P ,..,-,<:.t'?¡ J~ ~ 7'V~,-,-;.-;8. A WIRED WORLD COMPANyThl :::::;I~':Tl innovations" Charter COMMUNICATIONS' July 21, 2005 Ms. Judy Weyrens City of St. Joseph 25 College Avenue North St.Joseph, MN 56374 , , i Re: Seren Innovations Agreement to Sell Minnesota Assets to Charter Communicati1ns Dear Ms. Weyrens: We are pleased to announce that Seren Innovations, Inc., a subsidiary of Xcel Energy, Inc. ("Seren") and CC VIII Operating, LLC, a subsidiary of Charter Communications, lne. ("Charter") have entered into an Asset Purchase Agreement dated July 20, 2005. Pursuant to the terms of the Asset Purchase Agreement, Charter has agreed to purchase from Seren ~e assets and broadband communications customers located in St. Cloud, Minnesota and the surrounding communities. : To the extent your consent is required, the parties will be submitting copies of the Federal Communications Commission's (FCC) Form 394 and a draft consent resolution for your review. The parties hope to consummate this transaction in the 4th quarter 2005, following the satisfaction of aU conditions to closing, including receipt of aU required consents. The parties will cooperate fully in responding promptly to any questions that you may have concerning the POnTI 394. We greatly appreciate yom assistance in this matter, and we look forward to working with you. Very truly yours, SEREN INNOVATIONS """", 0JS"~~ owley . . sident Minnesota 0 rations (L ç:¡, ¡, l' 1~o/'- /~-"'- Jim Gamble Vice President Strategic Planning ~ 4 , . j'. 11 Seventn Avenu~ North P.O. Box 1433 5t. Cloud, MN 56302-1433 320-25H055 TÓíl Free 800-445-9617 ~QX 320·-251-5896 rajhan@:·ajhan.cori. \.VWW.I'ðjhðn,COtD ·Õ/;,ejv Fre,jerici: L.. GrunKE- T"O:T;a~ C, jO'fa(;ovjch~ Paul A. R.:;jko\J\lski~ Kevin F. Grit\' INi!íiarn.!. Ca,hr\3n Richat-d "¡,,,i. Sobaiviil"rc Susan IV! D~ge LeAnn8 D, M¡íiE'~ SarðhLSmith--L.mkh9 Troy Þ..PoP.tz Jos,':'Dh ¡VL Brom",i:1:lc! Gr",gorv J. Hauperl Laurel;. hiq:¡ JaSGr 'T, B;T',~fC RECEIVED AUG 0 2 Z005 i CITY OF ST. JOSEPH Rajkovvs!~ . Hansmeler lid. ATTORNEYS AT LA'v\! August 1, 2005 VIA EMAIL AND US MAIL Richard Carlbom Mayor, City ofSt. Joseph 100 College Avenue South S1.Joseph,~ 56374 Ross Rieke St. Joseph Councilperson 41 NW 5th Avenue S1. Joseph, ~ 56374 Dale Wick St. Joseph Councilperso;n 1211 Dale Street East St. Joseph, ~ 56374 AI Rassier 8t TOs~1-. ro'-~nc;1!"\'::'-"'on .:,1 ,.....ã;H "-" - o.:.~ L:,r...·J.~";._!. 115 - 9t Avenue SE St. Joseph, ~ 56374 Renee Symarrietz St. Joseph Councilperson 354 SE 4th Avenue S1. Joseph, ~ 56374 Re: Opirrion on a Proposal for St. Joseph to Provide Funding Assistance for the Purchase of Land for the School District Our File No. 24252 Dear Mayor and Council: The City has inquired into several legal issues raised in a proposal from developer, Ted Schmid, to sell land to the School District for a school and have the City of S1. Joseph fund a portion of the purchase price through waiver of development costs and waiyer of requirements in the Zoning Ordinance. ¡ This opinion is based on the following facts. If any of the facts change, the opinion may change. FACTS Ted Schmid is a developer who owns 102 acres in S1. Joseph Township. He purchased the land about two years ago for $8,000 per acre for a total purchase price of$8161,000. School District 742 is interested in purchasing 70 of the 102 acres to build a K-6 dr K-8 school. The School District has also expressed interest in building a high school <:in the same property at some point in the future. Mr. Schmid wants to develop the remairring v Page Two August I, 2005 32 acres by building a combination of attached town homes and multiple family apartments. Mr. Schmid has not provided the City with any other information or plans on this proposed development. The School District has offered to pay $16,000 per acre for the 70 acres. Mr. Schmid's asking pric is $42,000 per acre. Mr. Schmid has asked the City to make up the difference of $26,000 per acre by waiving development fees and increasing the housing density in the area. Mr. Schmid's proposa includes having the City waive $224,000 in development, W AC/SAC and building fees for the remaining 32 acres, of which 30 acres will be built upon. Mr. Schmid has informed the City that he does not care how these fees are waived as long as they total $224,000 He bases this figure on the assumption that there will be 112 dwelling units and the City will waive $2,000 in fees per unit. If the City does not contribute the $ 224,000 the School District 'will be required· to pay HIe additional amount. The land is located in St. Joseph Township and is zoned for agricultural use. The City would have . to agree to the annexation and rezoning of the property. The comprehensive plan calls for the land to be a mixed density area. As an R-3, the density limits the amount of dwelling units to two and a half to three units per acre. Mr. Schmid wants to build 112 units on 30 acres, which equates to 3.73 units per acre. He claims that the development may fit as an R-4. However, that would still require the City to grant Mr. Schmid a variance to accommodate an R-4 with the proposed density. The property has not been appraised. However, the City has recently examined sale prices of comparable property in the St. Joseph area during April 2005. These comparable values were developed by the City staff to arrive at a fair purchase price for property being sold by the Glatzels to the City for purposes ofthe City waterworks building. One of the Glatzel properties, which is described as "wetland and meadow," will be sold to the City in 2005 for $2,000 per acre. The other Glatzel parcel, which is described as "buildable, high water table," will be sold to the City for $12,000 per acre. The City has obtained comparable information on seven other similar properties which sold between 2000 and March 2,2005. All of these properties sold between $2,267 per acre and $21,163 per acre. The properties with the two highest prices ($21,163 and $15,098 per acre) 1 . ·....:¡·.t· .,', ..... '.. 1··· ',-. .". -~- ',-, ,,··~t ~ t'" .... ...,. - B···· 4-1.' L1 naa.liu:.:lleS-~ \vaær ana se"'vle:r lIlalnS}'aVâi1atw5 tùhe pJ:opertYlme.'· "aS6G oTItfii;;Se".cciiTIp:ZiÏaùli~, the City has determined that a fair asking price for the Schmid property is between $13,000 and $20,000 per acre. (See New Well Field Land Acquisition Report attached as Exhibit A). LEGAL ISSUES AND SHORT ANSWERS (1) Is it legal for one government entity to give land to another government entity? Yes, one government entity may give land to another government entity with or without consideration. (2) What procedures must the City follow before paying for this land? The City has a duty to its residents to conduct due diligence to make sure the land is fairly and reasonably priced before contributing to the purchase. v Page Three August 1,2005 (3) May the City legally waive development fees in exchange for payment on land? No. It is against the City's best interest to use development fees as a bargaining tool in the purchase price of land. Additionally, some of these development fees are for designated funds which must be used for a specific purpose other than the purchase of land. (4) I May the City waive the density requirements for a development in exchange for payment oo~ . No, density requirements are a method to promote good planning and should not be waived for reasons unrelated to the Zoning Ordinance. LEGAL ANALYSIS 1. Giving Land From One Government Entity to Another As a general rule, a government entity may not give away land for a nominal amount with few exceptions, One exception is that one government entity may give away land for a nominal kount of consideration, or no consideration at all, to another governmental entity. Minn. Stat. § 465.035. This means that a city could give land to a school district for no money at all. Cities have the right to acquire "such real and personal property as the purposes of the city may require." Minn. Stat. § 412.211. The Attorney General has issued an opinion that in one casþ, a city could legally sell to a school district a piece of property originally purchased rrom the general funds without restriction for park purposes, and intended to be used for the location of a higH school, if the council determines that such property is no longer needed for a park or other I municipal purposes. Op. Atty. Gen, 59-A-40, July 30, 1953. Basically, the City can only purchase land if it is purchased for the City's own municipal purposes. In this case, the City does not own the land. Ifthe City purchases the land rrom Mr. Schmidj it is not pUichäsing·irfo'r'.its o~rn:n1unicipaì pmpose, but-rathcr ·fort.~e þu.-pos(;;;:of cónve:ilng-it to ithe School District. Therefore, the City should be aware that its purchase may be subject to scrutiny by residents since there is a question whether the purchase is for a municipal purpose. This 1 memorandum does not answer the question as to whether this is a municipal purpose or not. i Nevertheless, this is a question which should be answered prior to any purchase ofthe land by the City for purposes of giving the land to the School District for a school. The City owes a duty to taxpayers to safeguard municipal funds and use discretion in its pur¿hases. See League of Minnesota Cities Research Memo for City Officials, "Public Purpose ExpendItures," 215hZ. 1, November 2002, pages 3, 9-11. Thus, if the City is going to subsidize the purchase! ofthis property, it should be prepared to justify that purchase and make sure it is getting a fair deal for the l~ i v Page Four August I, 2005 2. Due Diligence on Purchase of Real Property The State of Minnesota has granted cities the power to acquire "either within or without its corporate limits, such real and personal property as the purposes of the city may require." Minn. Stat. § 412.211. The League of Minnesota Cities has advised cities to check the following before purchasing real property: (I) The property's value for the most recent tax levy; (2) The property's value for the most recent special assessment; (3) That the value that the land and its buildings, if any, are insured for fire and other damage; and (4) Any recent occurrences which could affect the land's value, such as new neighboring developments or contamination. See League of Minnesota Cities Research Memo for City Officials,. "Purchase :md Sale of Real Property," 470A, November 2002, pages 12- 13. The League recommends that the best way to determine these factors is to have the land professionally appraised. When selecting an appraiser, the League recommends asking for references and obtaining the appraiser's full name, license number, level oflicense and length of time the appraiser has been in business. As an extra precaution, the League advises cities to contact the Minnesota Department of Commerce at 651-296-6319 to verifY the infonnation received from the appraiser. See League of Minnesota Cities Research Memo for City Officials, "Purchase and Sale of Real Property," 470A, November 2002, pages 13,27-28. See also Minn. Stat. § 82.19 and Minn. Stat. § 82B.03. In this case, Mr. Schmid is asking $42,000 per acre. The School District is paying $16,000 per acre, and the City is being asked to pay $26,000 per acre through waiver of development fees and waiver of zoning requirements. There has been no professional appraisal of the property. However, the comparable sales conducted for purposes of the Glatzel property in 2005 suggest that the asking price of $42,000 per acre for this property far exceeds its fair market value. The highest comparable price found in the Glatzel review was $21,163 per acre. This comparable included land that was serviced by public sewer and water services. In this case, the land is not serviced by public utilities, a:..i1d>the $42~.OOÜ' aski.l1g'·price 'seemslo'b~ wdlabove- artyreaso-rtablefairrn¿rrketyalue. Even if this land is sold for $16,000 per acre, it will be the second most expensive land sold within a comparable area within the last five years, and will be between $4,000 and $14,000 more expensive than similar land sold just a few months ago. Even more compelling, it will be double the price that the exact same land sold for just two years ago. An appraiser will be able to inform the City whether this land has actually doubled its value in two years and is worth $16,000 per acre. Based on the comparables obtained for the City well works land it is not likely that it is worth the asking price of $42,000 per acre. The comparables for the City well land suggest that the fair market value of the land is more in the $13,000 to $20,000 range. v Page Five August 1, 2005 3. Waiver of Development Fees Mr. Schmid wants the City to waive $224,000 in SAC and WAC, development and building ees in exchange for sale of the land. The question is whether the City may legally waive these fees for this particular developer as consideration for the purchase ofland. Pursuant to Minn. Stat. § 44.075, SAC and WAC fees are dedicated funds which may only be used for water and sewer activities. Minn. Stat. § 444.075, Subd. 3. The statute does not authoriÚ SAC and WAC fees to be used for purposes for purchasing land to use as a school. In fact, the statute is very narrow and limited in its scope. It provides that SAC and WAC fees must be as proportionate as possibb to the cost offumishing the seráce. In other words, the City must I;te able to show that there is a sufficient nexus between the service and the charge. Additionally, the statute is very specific that SAC and WAC fees are dedicated funds, stating, "All charges, when collected, and all moneys received ITom the sale of any facilities or equipment or any by-products, shall be placed in a separate fund, and used first to pay the normal, reasonable and current costs of operating and maintaining the facilities." 1 i The City's SAC and WAC ordinance provides that it is "unlawful" for any person to connect' to the sewer or water system without paying a SAC and WAC fee, and that the fee must be paid before the property will be connected to sewer or water. There are no exceptions written into this ordinhnce. St. Joseph City Code § 44.02, § 44.03. Similarly, the building permit ordinance requires homeowners to pay a fee as a condition of receiving a building permit, and there are no exceptions to that ordinance either. St. Joseph City Code § 51.03. The City cannot legally waive SAC and WAC and building fees under the current ordinanced because the ordinances clearly provide that these fees are required, not optional. The City ha's slightly more flexibility for imposing development fees. However, if the City imposes differbnt development fees under similar conditions, it still runs the risk of being accused of unequal application of its fees. This may subject the City to lawsuits ITom other developers on grounds of equal protection argam~t3Ü11der both,the stat~'and federal Gonstiv..ltions. 4. Zoning 1 The developer also wants a waiver ofthe zoning requirements for development of the land. Mr. Schmidt wants to build 112 units on 30 acres, which equates to 3.73 homes per acre. CurreniIy, the R3 zone only allows 2 Y, to 3 units per acre. The comprehensive plan calls for this area to be a mixed density area. The City has recently adopted an R4 ordinance which would provide even greater density, but the R4 ordinance would not allow a full subdivision with this high density and would require mixed housing density. Nevertheless, Mr. Schmid wants the high density only and none of the other requirements under the R4. " v Page Six August 1, 2005 The City's right to zone and control the use ofland is derived from the Municipal Planning Act, Minn. Stat. §§ 462.351 to 462.365. Zoning and other land use controls help ensure a well-planned community where one person's property rights do not detrimentally affect another person's rights to enjoy their property or the community as a whole. League of Minnesota Cities Handbook, "Comprehensive Planning, Land Use, and City-Owned Land", 2005. In administering the Zoning Ordinance, the City must follow the guidelines as set forth in the state statutes and the provisions adopted by the City in the Zoning Ordinance. In this case, Mr. Schmid has provided no legal basis for waiver of the density requirements for his development. The waiver from the density requirements is being sought as a condition for the purchase of property. This is not an appropriate reason for waiving the density æquirements. Density requirements are a method to promote good planning and preserve property values{)f neighboring properties within the City of St. Joseph. Such density requirements cannot be waived for reasons unrelated to the ordinance and good planning. CONCLUSION It appears that the asking price of$42,000 per acre is well beyond the fair market value of this property. This opinion is based on the comparable data generated by the City in 2005 for purposes of the water treatment plant. Waiver of SAC and WAC fees and other development fees for payment on land is inappropriate since many of these fees are dedicated funds pursuant to state statute and may not be used for the purchase ofland as a school. Waiver of the density requirements for a development in exchange for payment on land is not appropriate since density requirements are a method to promote good planning and should not be waived for reasons unrelated to the Zoning Ordinance. Sincerely, -, , / . I RAJKO~Kl HANßMEIE~ LTD. J,I I¿ / i~···./ /1 /' / !: . ';#"Mß \-¡ ,- B i --'~';' f Y ¡.- _ ír----' f Thomas G. JO''':ko~ .I TGJ/baz Enclosure cc: JudyWeyrens .;;J--r-- >...... <$--- . ~. .-6 ~ "" '" <:Þ '" ¡!;5 CJ '" c;; [;) - - Q) § '" "'.. '" <Ð 0 :::!. !£ ~ '" - _. [;) 0 0 '" '" '" '" 0 1::1 0 0 0 0 0 0 I' 0 '" 0 0 0 0 0 I» ... ... '" '" '" ... II> . -I 0 <- CD ¡; » ~ "T\ 0 ~ ~ G) '- õ ~ 0 ::T :J N CD CD. c¡; :J ~ ::J C) 0- U> ~j' .", c:J :J (/J to CD c:J ë: æ.. N " ~ 3 '" 2: ^ CD :¡: C) 0 ~ c s:: C) '" ::T ;g. ~ ~ ::T ~ CD 6' .:E '" 0 6' 3' Ñ :!:' õ: ~ '" ~ õ: ::J "" "'" "'. " '. " m " I~" ... :D ~. (/J -I ~ '" 0 '" ~ G) :J :J c¡; ::! C/) !!!. 0- :J » » .", þ;' () C) s:: ."" :D :D m @ 0 CD !2. ~ 8 () ~ :J .~ Ë 5 0 0- Il> CD ~ ~ z z .. ;::¡. :¡: '" '0 ;::¡. (5' 0 :J :!: ¡p' '" õ: (5' U> '" ~. '" ;:s: , '" , :Þ '" '" '" ~ '" '" C'I '" 0 '" '" '" ... '" '" ~ ~ '" ~ '" m '" '" '" en '" 0, '" "<.0 ~ '. , . (1\ '" , CJ ." ~. ." ." '" ." '" <It III '" ... '" '" '" "" "" <Ð ~ <:Þ '" '" '" 0 '" "" r-':? <:Þ '" ... on o· ~ çP. ... "0 ¡" ï-o '" '" "'D 0 ¡" ~ ... 0 0 0 0 '" <:Þ <:Þ 0 0 0 0 0 ... 0 0 ëi 0 It! 0 0 ." ... ... .,. II> ... '" ~ ... ~ ... ... ... '" "" ~ '" '" 0 ... ... ." ï-o ëx> ~ g 0 '0 '", -", II> CD <:Þ "" 0 8 "" '" CD ... ~ 0 ... '" ex> ..., ~ I I ... II> CJ <f> i ª < < ~ ~. CD '" '" a- a- '" "0 "" 0;' 0 (5' m !!!. !!!. ~ ~ U> '" !ì1 ~ '" '" !'!. '" ~ ~ ¡¡¡' c- g: 0 0 0;. c- :J m m 0 '" ë: 3 c- '" ¡ñ c- 3 m .", . II> " ::J .' @ ... iz CD a- ß .", .", ~ ~ ~ 0 0 '" U> '" '" Q. 0- . ¡; ¡; 0 0 'G) G) s: ~ N N !!!.. It . () () ~ ~ ëJ !2. g, '" 'f2 ~. ¡¡¡- <- <- 0 0 U> U> . ~ ~ :r :r ... ~ '" ... ... ... '" ~ "" '" '" l..'" '" '" '" ï-o 0 0 0 0 o. 0 ° I . ... ... ~ '" '" 8 "0 ° o. 0 c:J ~ £ It ë: or '" 0- ::> šD Q. '" :r ::> <S: Q. :r 3 :!: '" !!!. '" Q. '" ~ ~ '" 0- ¡ñ . 1 I , , ¡ . :Þ Z'Ò -em!::.: ::!. :E ~ '= :r¿!2. !D 52.' CJ I\) -¡.... 0"": o ¡Ie Ut ¡:¡; II> () r-:-e I» ::T ::I 1 c., :ÞI ,(') i ..a I ~, ¡¡! :::;: õ· ::I I 1 , !i :i il :1 , II I Ii II !i il j; ;! 1 I :: :1 ¡ .¡! :¡ II I 1! " II !i ~ ·