HomeMy WebLinkAbout2005 [05] May 19 {Book 34}
CITY OF ST. JOSEPH
. www.cityofstjoseph.com
City of St. Joseph
May 19, 2005
7:00 PM
1. Call to Order
Administrator 2. Approve Agenda
Judy Weyrens
3. Consent Agenda
Mayor a. Bills Payable - Requested Action: Approve check numbers 35752 - 35798
Richard Carlbom b. Minutes - Requested Action: April 21 and May 5 2005
c. Interim Use Permit - Requested Action: Accept the findings of the Planning
Commission and grantthe Interim Use Permitto Linda Hutchinson, 133 5th
Councilors Avenue SE. The permit allows an owner occupied rental unit.
AI Rassier d. Liquor License - Requested Action: Approve the Liquor Licenses for the period
Ross Rieke July 1, 2005 through June 31, 2006.
e. Patrol Officer - Requested Action: Approve the promotion of Matthew Johnson
Renee Symanietz from part-time Patrol Officer to full-time Patrol Officer effective July 1, 2005.
Dale Wick f. AFSCME Contract - Requested Action: Authorize the Mayor and Administrator
to execute the Labor Agreement for 2005 - 2006 between the City of St. Joseph
AFSCME Local 65.
g. Seasonal Help - Requested Action: Authorize the hiring of a seasonal
maintenance employee
. 4. Public Comments to the Agenda
5. 7:05 PM - Rock Investments, Request to reinstate rental license, 29 E MN Street
6. 7:20 PM - Graceview Estates
a. PUD Amendment
b. Development Agreement - Graceview 3
7. 7:30 PM - Northland Heights, ROW Acquisition
8. 7:40 PM - Arcon Development
a. Memorandum of Understanding
b. Development Agreement
c. Final Plat
9. City Engineer Reports
a. Water Filtration Plant
10. Mayor Reports
11. Council Reports
12. Administrator Reports
a. Gambling Ordinance
b. Premise Permit / St. Joseph Recreation Association
13. Adjourn
.
2.)" College Avenue North PO Box 668 . Saint. Joseph. Minnesota )"6)74
Phone ,2.0.,6'·72.01 Fa x ,2.0.,6,.0'42.
· IT. JOmH CITY COUNCIL
MAY If, 2005
FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS
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CITY OF S1 JOSEPH 05/16/052:15 PM
Page 1
Bills Payable - Revised
.
'br Search Name Comments Amount FUND DEPART OBJ
)35752 COMMISSIONER OF REVENUE Reg pay 10 $1,288.89 101
)35752 COMMISSIONER OF REVENUE Council pay 5 $56.10 101
)35753 EFTPS SS Council pay 5 $558.10101
)35753 EFTPS Reg pay 10 $2,976.39 101
)35753 EFTPS Council pay 5 $85.60 101
)35753 EFTPS Medicare Reg pay $850.26 101
)35753 EFTPS Medicare Council $130.54 101
)35753 EFTPS SS Reg pay 10 $2,031.66 101
)35754 ING LIFE INS & ANNUITY COMPANY deferred comp pay $125.00 101
)35755 PERA retirement pay-con $271.50 101
)35755 PERA retirement pay-Reg $3,852.07 101
)35756 A-1 TOilET RENTAL Northland Park & K $127.80 490 45203 531
)35757 ACCLAIM BENEFITS administration $22.22 101 41430 137
)35757 ACCLAIM BENEFITS administration $14.81 601 49440 137
)35757 ACCLAIM BENEFITS administration $11.11 101 45202 137
)35757 ACCLAIM BENEFITS administration $3.70 602 49490 137
)35757 ACCLAIM BENEFITS administration $33.35 101 42120 137
)35757 ACCLAIM BENEFITS administration $3.70 603 43230 137
)35757 ACCLAIM BENEFITS administration $11.11 101 41530 137
)35758 AFSCME COUNCil 65 dues-May $295.20 101
)35759 AMERICAN TRUCK ASSCESSORIES IN truck seat covers $28.22 601 49440 210
)35759 AMERICAN TRUCK ASSCESSORIES IN truck seat covers $28.22 101 45202 210
)35759 AMERICAN TRUCK ASSCESSORIES IN truck seat covers $28.23 101 43120 210
)35759 AMERICAN TRUCK ASSCESSORIES IN truck seat covers $28.22 602 49490 210
)35760 AVENET, llC city web page $108.00 101 41430 321
)35761 BOUND TREE MEDICAL, llC CPR microsheild-u $110.23105 42240 443
. CITY OF ST. CLOUD sewer rental charg $16,907.62 602 49480 419
COLD SPRING VETERINARY CLINIC kennel fees-20 day $280.00 101 42700 300
) 4 COMPLETE ELECTRONICS cables, amplifier, V $1,745.09108 41950 580
)35765 GALL'S INC J Gustin-Holster $35.28 101 42120 171
)35765 GALL'S INC clothing/ J Gustin $25.62 101 42120 171
)35766 GAMETI ME swing seats $441.72 101 45203 531
)35767 HElM, ROBERT mtg w/st. Wendel t $150.00 101 41910 451
)35768 HOLIDAY STORES gas $17.00 101 42152 210
)35769 JM GRAYSTONE OIL CO.,INC fuel $388.78602 49490 210
)35769 JM GRAYSTONE OIL CO., INC fuel $388.78 601 49440 210
)35769 JM GRAYSTONE Oil CO., INC fuel $388.77 101 43120 210
135769 JM GRAYSTONE OIL CO., INC fuel $15.26101 42152 210
)35769 JM GRAYSTONE OIL CO., INC fuel $25.54 101 45123 210
)35769 JM GRAYSTONE OIL CO., INC fuel $249.02 105 42220 210
)35769 JM GRAYSTONE OIL CO., INC supplies $2.12101 43120 210
)35769 JM GRAYSTONE OIL CO., INC UPS Charges $12.51 601 49440 212
)35770 KEEPRS, INC/CY'S UNIFORMS B Meyer $83.95 101 42120 171
135770 KEEPRS, INC/CY'S UNIFORMS P Jansky $9.59 101 42120 171
135770 KEEPRS, INC/CY'S UNIFORMS J Gustin $76.53 101 42120 171
)35771 KERN, DEWENTER, VI ERE, L TD 2004 audit $11,000.00 101 41540 301
135772 KLN DISTRIBUTING, INC install backup syst $1,155.00490 41430 581
)35773 LAW ENFORCEMENT LABOR SERVICES dues-May $222.00 101
)35774 LEE'S ACE HARDWARE maint supplies $25.06 602 49450 220
)35774 LEE'S ACE HARDWARE maint supplies $21.28 105 42210 220
)35774 LEE'S ACE HARDWARE staples $4.66 101 42120 200
i35774 LEE'S ACE HARDWARE cleaning supplies $29.91 101 42152 210
ì35774 LEE'S ACE HARDWARE washers, bolts $2.49 101 42120 220
,35774 LEE'S ACE HARDWARE paper towels, clean $256.65 101 45202 210
·35774 LEE'S ACE HARDWARE dethatcher, floor sc $108.62 101 45202 415
35774 LEE'S ACE HARDWARE brackets, anchors, $39.19601 49440 220
35774 LEE'S ACE HARDWARE washers $2.98 101 43120 220
.4 LEE'S ACE HARDWARE garbage bags $38.29 101 41942 220
~ LEE'S ACE HARDWARE maint supplies $10.12 101 45202 220
,35775 LEEF BROS April Clothing Allow $139.19 602 49490 171
ì35775 LEEF BROS rugs & floor mats-A $46.46 101 42120 220
35775 LEEF BROS April Clothing Allow $139.18601 49440 171
CITY OF ST JOSEPH 05/16/052:15 PM
Page 2
Bills Payable. Revised
Check ·
Nbr Search Name Comments Amount FUND DEPART OBJ
035775 LEEF BRaS rugs & floor matts $113.28 101 41430 220
035776 MCDOWALL COMFORT MANAGEMENT Service contract on $5,784.00 101 41942 220
035777 MEDTRONIC defib pads 5103.77 105 42270 210
035778 MIES EQUIPMENT oil filters & oil for la 581.35 101 43120 210
035778 MIES EQUIPMENT oil filters & oil lawn 581.35 101 45202 210
035779 MINNESOTA ELEVATOR, INC service-May $77.17 101 41942 220
035780 MINNESOTA TRAVEL MANAGEMENT vehicle lease #524 $830.40 101 42152 414
035780 MINNESOTA TRAVEL MANAGEMENT vehicle lease-#478 $868.50 101 42152 414
035780 MINNESOTA TRAVEL MANAGEMENT vehicle lease #444 5808.80 101 42152 414
035781 MUNICIPAL DEVELOPMENT CORP eda contract hours 52,138.80 150 46500 300
035782 NAHAN, TOM supplies 511.59 101 41950 230
035783 NORTHLAND SECURITIES, INC 1.655 GO bond fee $5,925.00 333 47100 620
035783 NORTHLAND SECURITIES, INC 2004 GO Certificat 56,597.92 432 47100 611
035784 ONE CALL CONCEPTS, INC notification- 5182.98 602 49490 319
035784 ONE CALL CONCEPTS, INC notification- 5182.97 601 49440 319
035785 PHILIPPI PLUMBING/HEATING LLC Wa heater ignitor & $258.35 105 42280 220
035786 RADIO SHACK Mic boom adapt, c $87.70 101 41950 210
035787 SEH Water Treatment pi 57,500.00 434 49440 530
035788 ST. JOSEPH NEWSLEAOER Firefighter ad $24.00 105 42210 340
035788 ST. JOSEPH NEWSLEADER Northland Heights 5216.00 101 41130 340
035789 TDS METROCOM telephone 595.83 602 49470 321
035789 TDS METROCOM telephone $87.81 105 42250 321
035789 TDS METROCOM telephone 5178.76 101 45201 321
035789 TDS METROCOM telephone $273.58 101 42151 321
035789 TDS METROCOM telephone 542.79 101 41946 321
035789 TOS METRO COM telephone 542.79 101 41941 321
035789 TDS METROCOM telephone 5208.77 101 41430 321 ·
035789 TDS METROCOM telephone 586.58 602 49490 321
035789 TDS METROCOM telephone 548.68 601 49440 321
035789 TDS METROCOM telephone $45.24 602 49473 321
035789 TDS METROCOM telephone $29.71 150 46500 321
035789 TOS METROCOM telephone $45.24 602 49472 321
035789 TDS METROCOM telephone $42.79 602 49471 321
035790 THE RECORD Subscription 525.00 101 42120 433
035791 TIREMAXX SERVICE CENTERS mount & balance 4 552.00 101 42152 210
035791 TlREMAXX SERVICE CENTERS mount & balance 4 544.00 101 42152 210
035792 TRAUT WELLS Water samples-Su $35.00 601 49420 312
035792 TRAUT WELLS Rehab Well #3 $5,308.50 601 49410 530
035792 TRAUT WELLS Water samples-Ca 535.00 601 49420 312
035793 UNUM LIFE INSURANCE disability insurance 5447.04 101
035794 US BANK 33378270-1999 Jo 524,622.50 321 47100 611
035794 US BANK 33517300-2003 Ma $13,571.25 329 47100 611
035794 US BANK 33370480-1998 Str 58,867.50 319 47100 611
035794 US BANK 33382370-2000 Cit $24,450.00 322 47100 611
035794 US BANK 33394290-Northlan $6,228.75 324 47100 611
035794 US BANK 33435000-2002 Str $69,168.75 325 47100 611
035794 US BANK 33448500-2002 Wt $ 13,086.25 601 47100 611
035794 US BANK 3359700-2003 GO $15,748.75328 47100 611
035794 US BANK 33395080-2001 Se $13.281.25602 47100 611
035794 US BANK 335500000-2003 G $13,392.50 331 47100 611
035794 US BANK 33550100-2003 G 57,408.75 332 47100 611
035794 US BANK 801113200-2004 G $8,803.75 323 47100 611
035794 US BANK 33399120 2002 Eq $2,565.00 327 47100 611
035795 US CABLE internet access-Ma 587.10 105 42250 321
035796 VERIZON WIRELESS cell phone 515.52 601 49440 321
035796 VERIZON WIRELESS cell phone $15.52 602 49490 321
035796 VERIZON WIRELESS cell phone $18.75 101 41430 321
035796 VERIZON WIRELESS cell phone $8.03 101 43120 321 ·
035796 VERIZON WIRELESS cell phone $151.78 101 42151 321
035796 VERIZON WIRELESS cell phone $8.03 101 45202 321
035797 XCEL ENERGY April usage 59.36 101 45123 381
035797 XCEL ENERGY April usage 524.44 101 45201 381
CITY OF ST JOSEPH 05/16/052:15 PM
Page 3
Bills Payable - Revised
.
Nbr Search Name Comments Amount FUND DEPART OBJ
)35797 XCEL ENERGY April usage $73.65 101 43120 381
)35797 XCEL ENERGY April usage $49.10 101 45201 381
)35797 XCEL ENERGY April usage $292.72 101 41942 383
)35797 XCEL ENERGY April usage $560.34 101 41942 381
)35797 XCEL ENERGY April usage $21.97 101 42610 386
)35797 XCEL ENERGY April usage $17.48 101 45123 383
)35797 XCEL ENERGY April usage $306.03 602 49480 381
)35797 XCEL ENERGY April usage $47.67 101 45202 381
)35797 XCEL ENERGY April usage $100.30 101 43160 386
)35797 XCEL ENERGY st. Joe rec $206.21 101 45125 530
)35797 XCEL ENERGY April usage $680.59 101 41941 381
)35797 XCEL ENERGY April usage $135.07 601 49435 381
)35797 XCEL ENERGY April usage $480.99 105 42280 383
)35797 XCEL ENERGY April usage $70.68 601 49410 383
)35797 XCEL ENERGY April usage $115.90 602 49480 383
)35797 XCEL ENERGY April usage $71.50 602 49470 381
)35797 XCEL ENERGY April usage $33.98 602 49471 383
)35797 XCEL ENERGY April usage $721.48 105 42280 381
)35797 XCEL ENERGY April usage $458.97 601 49410 381
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.76 602 49480 210
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.76 101 45201 210
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.76 101 43120 210
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.73 101 41430 210
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.76 101 45201 210
)35798 ZEP MANUFACTURING cleaners, tissue, to $165.76 101 43~20 210
$313,586.22
.
.
. I Attachment: Yes or No I
REQUEST FOR COUNCIL ACTION
Consent 3(c) Interim Use Permit
Linda Hutchinson
DATE: May 19,2005
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Consent Agenda - Interim Use Pennit, Linda Hutchinson
PREVIOUS ACTION
The Planning Commission conducted a public hearing on May 2, 2005 to consider the issuance of an
Interim Use Pennit to allow an owner occupied rental unit. The property can provide the required off
street parking and the Rental Housing Inspector will complete the required rental inspection before
issuing the pennit. At the public héaring one person was present to object to the Pennit as they do not
want rental back in the neighborhood.
.
RECOMMENDED COUNCIL ACTION
Adopt the findings of the Planning Commission and issue an Interim Use Pennit to Linda Hutchinson to
operate an owner occupied rental unit. Approval includes the contingencies outlined by the Planning
Commission.
FISCAL IMPACT
COMMENTS/RECOMMENDA TIONS
.
Resolution of finding ·
The request of Linda Hutschinson for an Interim Use Permit request came before the Planning
Commission at a public hearing held on May 2, 2005. The purpose of the hearing was to consider
issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District.
The property is legally described as Lot 005 Block 003 Eastern Park Addition according to the plat and
survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns
and State of Minnesota located at 133 - 5th Avenue SE.
St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use permit as follows: Residential
rental provided the unit is owner occupied and provided the room (s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if
the property is owner occupied, the owner must be a natural person and the owner occupying the
property as his or her principal residence and must own a fifty percent (50%) or greater interest in the
property.
The request for Interim Use has been submitted by Linda Hutchinson, 133 - 5th Avenue SE; St. Joseph
MN 56374.
Notice of this matter was duly served and published.
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 findings:
The proposed use is consistent with the standards for granting an Interim Use Permit, St.
Joseph Code of Ordinances 52.07.04 ·
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the
following contingencies:
1. The rental license in non-transferable and if the property is sold or the ownership changes so
that the aforementioned no longer owns a 50% or greater interest in the property the Interim
Use Permit is null and void.
2. Approval of the Rental Housing Inspector
3. The Planning Commission will review the license annually and revoke the license if the
property is in violation of the St. Joseph Code of Ordinances.
4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied
rental licenses are reviewed and will accept public comments.
The motion passed unanimously.
ATTEST Gary Utsch, Chair
Judy Weyrens, Administrator
·
CITY OF ST. JOSEPH
. www.cityofstjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will conduct a public hearing on
Administrator Monday, May 2005 at 7:00 PM in the St. Joseph City Hall. The purpose of the hearing is to
Judy Weyrens consider an Interium Use Permit to allow an owner occupied rental unit in an R-1, Single
Family Zoning District. The property is legally described as Lot 005 Block 003 Eastern
Mayor Park Addition. The property is located at 133 - 5th Avenue SE.
Richard Carlbom St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interium Use permit as
follows: Residential rental provided the unit is owner occupied and provided the room (s)
Councilors rented does not contain separate kitchen facilities and is not intended for use as an
AI Rassier independent residence. For purposes of establishing if the property is owner occupied, the
Ross Rieke owner must be a natural person and the owner occupying the property as his or her
principal residence and must own a fifty percent (50%) or greater interest in the property.
Renee Symanietz
Dale Wick Linda Hutchinson, 133 - 5th Avenue SE, St. Joseph MN 56374, has submitted the request
for Interium Use.
Judy Weyrens
. Administrator
Publish: April 22, 2005
t
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2.)" College Avenue North' PO Box 668 . Saint. Joseph. Minnesota )"6,74
Phone I Fd x I
'2.0.,O).¡2.01 j2.0.,O,.Oj42.
Narrative for Interim UsePerrnit -- Sharing my home.
r am delighted to be a resident of St. Joseph and am committed to being a good neighbor and .
valuable resident. I chose St. Joe for many reasons including the fact that I am an Oblate of the
Sisters of St. Benedict which means r have taken on practicing the Benedictine values in the
world. Those values include community and stewardship. r chose my home on 5th Avenue so
that r could share it with others and create a sense of community, as well as share the resources
and expenses.
My commitment is to maintain and appreciate the quiet, peaceful neighborhood. Thanks for
your consideration.
Linda Hutchinson
320-363-1144
133 5th Avenue SE
St. Joseph, ìvIN 56374
.
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-. ..'
· APPLICATION FOR INTERIM USE PERMIT
CITY OF ST. JOSEPH
25 College A venue NW Fee $
P. O. Box 668 Paid
St. Joseph, MN 56374 Receipt #
(320)363-7201 or Fax (320)363-0342 Date
STATE OF MINNESOTA)
)ss
COUNrY OF STEARNS) !f££f(;)V+!f\1S6 fJ}
Lt lJD It- .&;<0 3fc, .'"7 /11¥
NAME: PHONE: . .... --.... ·;9--
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ADDRESS: f :;;øQ :;;;....- .~~ - "'0
J/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County,
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
1. Application is h~reby made for Interim Use Permit to conduct,the {oHowing: .$ fÎ.cu·~ 'ft) LLR->
~_L:H?.f;ë ~~ on t'l"l h tJ t,')'1 P..I LA..J (ffv -'7 n"H-1. P t---S'
2. Legal descripti?n ofland to?e affected by application, inc]udi~ acreage or square footage o~]and .~volved, and st;eet adØr~s.s: if .4.1i /J 'h: ,
any (attach addlUonal she~t.Ifnecessary): Lo. T b / P1 ßi-O~ ...:;1' (b-f- ¡:::::"ä ~ tt:f/ J'") tXC:cc.- ð,1. I
\,finO á e c';: St". Jb<;;,.-er..')Vli f -3 ::? .::.., TJ:3 A:1l-P bE:
u t
· 3. Present zoning of the above described property is: l? -. S.f l/t!1; frì3:_JL
, : I (;) fl... !+tt"fGH- tit ,1101.)
4. Name_:Ill~,address o,1J~J.1'{esent o\;:ner o!!he above ~s9ribed prop,?rty is: L ttJ''; t I
! :") "J :J' !: l=1¡kf· ~ ,p- ~ '17'>-(::.2
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6. wm the proposed us~.~epr~c;i~t~ .th~.area in \yhicþ ~t is proposed; Ple~e eXPl~~h .'GV/I?;,1' j
~~~JJ7f:;/6.6~ ··tb t»;J ~it ,1f~e;çr i: ~y-~ /NPlifl?:Or'
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Attached to thjs application and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature: æf1 Date: ~~. A-
50 O.!7
~ - /
Owner Signature: , Date: .8 I.:=? ð /Ob
/ /
FOR OFFICE USE ONLY
DATE APPLICATION SUBl\UTIED:
DATE APPLICATION Cm'¡PLETE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action
Date ApplicantIProperty O\\11er notified of Planning Commission Action:
City Council Action: _ Approved _ Disapproved Date of Action
Date ApplicanVProperty Owner notified of City Council Action:
.
.
..
.
REQUEST FOR COUNCIL ACTION
DATE: May 19.2005
Administation
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Approval of annual licenses for the years 2005/2006 as follows: On and Off Sale Intoxicating Liquor
Licenses, Special Sunday License, Wine Licenses, and Club Licenses.
PREVIOUS ACTION
N/A.
. RECOMMENDED BOARD ACTION
Approval of licenses as listed.
FISCAL IMPACT
None
COMMENTS/RECOMMENDATIONS
.
2005- 2006 LIQUOR LICENSE APPLICATIONS
INTOXICATING LICENSES ·
EFFECTIVE 07-01-05 TO 06-30-06
Off- On- Sunday Wine Club
NAME Sale Sale
Stonehouse Tavern & Eatery
2010 CSAH 75 E X X X
PO Box 511
Nickels Entertainment, inc.
The Lighthouse, X X
213 - 20TH Ave SE
Loso's Inc.
Loso;s Main Street Pub X X X
21 Minnesota St W
PO Box 596
Ace's Place, Inc.
La Playette X X X
16 College Ave N
PO Box 472
EI Paso Club & Lanes, Inc.
EI Paso Club & Lanes X X X
200 - 2nd Ave NW
PO Box 58
BIP, Inc.
Sal's Bar & Grill X X X
109 Minnesota St W
31164 - 115th Ave
St. Joe Amoco Liquor, Inc. ·
St. Joe Amoco Liquor, X
21 Birch St W
PO Box 634
Hollander's of St. Joseph, Inc.
St. Joseph Liquor Shoppe X
225 Cedar St E
PO Box 637
American Legion Post 328
John Kuebelbeck Post 328 X X
101 Minnesota St W
PO Box 381
College of St. Benedict
V.P. Business Office X.
37 ColleQe Ave S
Bo Oiddley's, Inc.
Bo Diddley's X
19 College Ave N
3021 - 20th St S, SC 56301
·
I Attachment: Yes or No I
·
REQUEST FOR COUNCIL ACTION
Patrol Officer - Full Time Hire
DATE: May 19, 2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Patrol Officer - Promotion of Part Time Officer
PREVIOUS ACTION
When the Council added the seventh Officer, all the part time officers were interviewed for the position.
At that time Joel Klein was hired. It was the consensus of the committee that all of the part time officers
met the qualifications for full time and agreed that they would be considered for future openings.
· RECOMMENDED COUNCIL ACTION
Hire Matthew Johnson as a full time officer to replace Jeff Young who will be retiring.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
Pete Jansky is recommending the promotion of Matt to full time with a start date of July 1,2005. The
start date coincides with the retire date of Jeff Young, June 30, 2005.
·
· I Attachment: Yes orNo I
REQUEST FOR COUNCIL ACTION
Consent 3(t) - AFSCME Contract
DATE: May 19, 2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
AFSCME Labor Contract 2005 - 2006
PREVIOUS ACTION
The Council appointed Councilors Rassier and Wick to negotiate the labor contract for the AFSCME
contract. The contract following is within the parameters established by the Council. The Union has
agreed to the terms within the contract.
·
RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the labor contract between the City of St. Joseph and
AFSCME for the contract period 2005 - 2006.
FISCAL IMPACT
Wages will increase 3.5% for both 2005 and 2006.
COMMENTSIRECOMMENDATIONS
·
LABOR AGREEMENT BETWEEN THE
CITY OF ST. JOSEPH .
AND
AMERICAN FEDERATION FOR STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFLCIO
An exclusive representative of the Employees of the City of St. Joseph
ARTICLE 1 PURPOSE OF THE AGREEMENT
This agreement is entered into as of January 1,2005, between the City of St. Joseph, herein after called
the "Employer", and the American Federation for State, County and Municipal Employees, AFLCIO
herein after called "AFSCME". It is the intent and purpose of this agreement to:
1.1 Establish this Agreement's interpretation and/or application; and
1.2 Place in written fonn the parties' agreement upon tenns and conditions of employment for the
duration of this Agreement.
ARTICLE 2 RECOGNITION
2.1 The Employer recognizes AFSCME as the exclusive representative for all employees of the City
of St. Joseph who are public employees within the meaning of Minnesota Statute 179A.03,
Subd.14 excluding supervisory, confidential, Police Chief and members of the St. Joseph Police
Department who are not represented by the Police Union (LELS).
2.2 The Employer shall not enter into any agreement with the employees coming under this .
jurisdiction, either individually or collectively which in any way conflicts with the tenns and of
this Agreement.
2.3 The Employer recognizes the Union as the representative for all employees identified in 2.1 and
will negotiate wages for all new bargaining unit positions.
ARTICLE 3 DEFINITIONS
3.1 AFSCME: American Federation of State County and Municipal Employees, AFLCIO.
3.2 AFSCME Member: A member of the bargaining unit covered by this agreement.
3.3 Employee: A member of the exclusively recognized bargaining unit.
3.4 Regular Employee: Employee who has completed the probationary period.
3.5 Probationary Employee: Employee who has not completed the probationary period.
3.6 Employer: City of St. Joseph
ARTICLE 4 EMPLOYER AUTHORITY
4.1 The Employer retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to .
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. select, direct, and detel111Ìne the number of personnel; to establish work schedules, and to
perform any inherent managerial functions not specifically limited by this agreement.
ARTICLE 5 EMPLOYEE SECURITY
5.1 AFSCME may designate employees fÌom the bargaining unit to act as stewards, negotiators and
alternates and shall inform the Employer in writing of such choice and changes in the position of
steward and/or alternate.
5.2 There shall be no discrimination, by the Employer or AFSCM:E against any employee because
of age, sex, race, color, disability, religious or political belief, or membership, or non-
membership in AFSCME.
5.3 For such employees as authorize in writing, the Employer shall deduct from the first pay check
of each month an amount equal to the regular monthly AFSCME dues and shall be remitted as
directed by AFSCME.
5.4 The Employer shall make space available on the employee bulletin board at the unions' expense
for posting Union notice(s) and announcements.
5.5 Union representatives shall have access to the premises of the Employer at reasonable times and
subject to reasonable rules in connection with official Union business.
ARTICLE 6 EMFLOYEERIGHTS-GRIEVANCEPROCEDURE
.
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of employment, as outlined in this agreement.
6.2 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step One:
An employee claiming a violation concerning the interpretation or application of this agreement
shall, within 14 calendar days after such alleged violation has occurred, or an Employee
reasonably could be expected to be aware of it, present such grievance to the
Clerk! Administrator. The Clerk! Administrator or Employer representative will discuss and give
an answer to such Step 1 grievance within seven (7) working days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, the
remedy requested, and shall be appealed to Step 2 within seven (7) working days after the
.
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Employer's representative's fmal answer in Step 1. Any grievance not appealed in writing to Step
2 by AFSCME within said seven working days shaH be considered waived. .
Step Two:
If the grieved Employee fails to be satisfied with the answer received, the grievance shal1 be
reduced to writing by the employee and/or the Union Steward and shaH be forwarded by the
Union Steward to the grievant's supervisor no later than (5) five working days from the date of
the supervisor's answer. A 2nd step meeting shaH be scheduled seven (7) work days from receipt
of the written grievance in an effort to resolve the grievance. The meeting shaH be attended by
the supervisor (and Administrator, if appropriate), the grievant (s), the steward and/or another
Union Officia1. The parties wi11 use their best efforts to make sure that necessary infom1ation
used as the basis of the grievanceíanswer is available at the meeting. The parties wi11 attempt to
resolve the issue at the Step 2 meeting. However, if it is not fuHy resolved, the City shaH make a
written reply to the union within ten (1 0) working days from the date of the 2nd step grievance
meeting. Discharges, however, shaH be reduced to writing by the Employee and.íor the Union
Steward and forwarded by the Union Steward to the appropriate supervisor no later than five (5)
work days from the date of discharge.
Step 3:
If appealed to Step 2, the grievance shaH be submitted in writing to the City Counci1. The City
Council shaH consider the grievance at the next regularly scheduled meeting (grievance must be
received at least seven (7) days before the meeting to be included in the agenda). At the meeting .
either the Employee or AFSCME may make whatever presentation deemed appropriate to the
City Counci1. Within ten (10) days of the meeting, the City Council shaH issue a written answer
to the grievance. A grievance not resolved in Step 2 may be appealed by AFSCME to Step 3
within ten (10) days of the issuance of the written decisions by the City Counci1. Any grievance
not appealed by AFSCME within ten (10) calendar days shaH be considered waived
Step 4
A grievance unresolved in Step 2 and appealed to Step 3 by AFSCME shan be submitted to the
Director of Mediation Services for mediation, subject to the provisions of the Public
Employment Labor Relations Act, Minnesota Statutes Chapter l79A. If either party petitions
for binding arbitration stating that an impasse has been reached, and the Director detennines that
further mediation would serve no purpose, the Director shal1 certify the matter to the Minnesota
Bureau of Mediation Services for binding arbitration, in accordance with Minnesota Statutes
Chapter 179A.
6.3 WANER
If a grievance is not presented within the time limits set forth above, it shan be considered 1
waived, absent extraordinary circumstances. If a grievance is not appealed to the next step within .
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. the specified time limit or any agreed extension thereof, it shall be considered settled on the
basis of the Employer's last answer.
6.4 EXPENSES
Any costs or expenses incurred in conjunction with a mediation ~r arbitration procedure, shall be
borne equally by the Employer and the Employee, with each paying one-half of the costs or
expenses incurred. Each party shall be responsible for their own attorney fees with regard to any
grievance procedure.
6.5 EXCLUSIVE REMEDY
This procedure shall be the sole and exclusive means of processing a grievance.
ARTICLE 7 HOURS OF WORK
7.1 The Employer shall be the sole authority in detennining the work schedules.
7.2 The normal workweek shall consist of five (5) days, eight (8) hours per day, Monday through
Friday, and totaling 40 hours. The normal work year shall consist of2080 hours.
7.3 Work schedules shall be posted one (1) week in advance, subject to change due to emergency
circumstances. "Emergency" circumstances relate solely to health and safety issues.
. 7.4 An employee shall be granted two (2), fifteen (15) minute rest breaks each day. Rest breaks will
be scheduled in mid-morning and mid-afternoon. Break/rest periods shall not be combined to
compensate for late arrivals or early departures.
7.5 If an employee works longer than four (4) hours, they will be given a minimum of one-half hour
unpaid lunch period. The time when lunch periods are scheduled varies among departments,
depending on the needs of each department.
7.6 An employee is expected to take their allotted time for lunch. They are requested not to perform
any work during their regularly scheduled lunch period, unless specifically requested to do so by
the supervisor. In that event, the lunch will be rescheduled.
ARTICLE 8 OVERTIME AND PREMIUM PAY
8.1 So far as possible, Employees working in the same department doing the same general
responsibilities shall receive approximately the same amount of scheduled overtime in anyone
year.
8.2 If a "non-exempt" employee perfonns overtime work, they will be paid one and one-half (1 Y2)
times their regular hourly wage for anytime over eight (8) hours per day or 40 hours per week
that an employee works. If during that week, they were away fÌom their job because of a job-
related injury, jury duty, scheduled vacation, paid sick leave, paid holiday or funeral leave, those
.
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hours not worked will be counted as hours worked for the purpose of computing eligibility for
overtime pay. .
8.3 Occasionally an employee may be asked to return to work after they have left the premise for the
day. If this occurs an employee will be paid at a minimum rate of two hours, calculated at one
and one-half (1 Y2) times the employee's regular hourly wage. The employer will require the
employee be on the job for a minimum of two hours upon call back.
8.4 Maintenance employees scheduled for weekend duty shall be paid, for a minimum of three hours
calculated at one and one-half ( 1 Y2) times their regular rate of pay. Employer will require the
employee to be on the job for a minimum period of two hours upon call back.
8.5 Overtime work perfonned which is compensated for by time and one half off, in lieu of overtime
shall be called compensatory time. It may be taken in hourly or half hour increments. Hours
earned after the maximum of 40 hours is reached will be paid out in dollars as earned in the pay
period in lieu of compensatory time, all compensatory time must be approved by the Department
Head.
8.6 For the purposes of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
8.7 Fiscal Pay period - Bi-weekly (26 Pay Periods per year). Payday is normally every other
Wednesday for the service perfonned for the pay period ending the previous Thursday at 12:00
Midnight. .
ARTICLE 9 HOLIDAYS
9.1 The following days shall be paid holidays for regular employees
New Years Day January 151
Martin Luther King Day 3'd Monday in January
Presidents Day 3'd Monday in February
Good Friday Y2 day plus Y2 day floating
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 151 Monday in September
Veterans Day November 11 th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24th
Christmas Day December 25th
I Personal Holiday Floating I
9.2 If the holiday falls on Saturday, the holiday will be observed on the preceding work day; if the
holiday falls on a Sunday, the holiday will be observed on the next work day.
9.3 If Christmas fall on a Saturday, Sunday or Monday the Christmas Eve holiday and Christmas
holiday will be observed as follows:
If Christmas falls 011: Christmas Eve is Christmas is
observed 011: observed Oil: .
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. Saturday Thursday Friday
Sunday Friday Monday
Monday Friday Monday
904 Employees required to work on a holiday shall be paid one and one half times their regular rate
of pay for all hours worked on the holiday.
9.5 Each regular employee shall receive a Personal Holiday to be used at the discretion of the
employee upon approval of the immediate supervisor. The Personal Holiday hours may not be
taken in increments and will be equal to the hours worked on a typical work day. Personal
Holiday hours not used before December 31 of any calendar year shall be forfeited.
9.6 Part time employees working 30 hours per week or more and are regularly scheduled to work
Monday - Friday shall earn five personal holidays. The hours shall be equivalent to the average
work day (i.e. an employee working 6 hours per day shall earn five personal days equaling 30
hours). An employee using a Personal Day the day before or the day after a holiday shall not be
entitled to the holiday pay. The addition of the Personal Holiday is not intended to reduce the
need to hire full time employees, rather provide for intennittent time off.
ARTICLE 10 VACATIONS
10.1. Regular Employees shall earn vacation benefits as follows:
. a) One year of service - 40 hours
b) Two through four years of service - 80 hours
c) Five through nine years of service - 120 hours
d) Ten through twenty years of service - 160 hours
e) Twenty-one to twenty five years of service, an additional eight hours of vacation for
each year of employment will be accrued with a maximum of 200 hours.
10.2. Vacation hours will be credited each pay period, prorated on the schedule outlined in section
10.1.
10.3. Vacation hours may be taken in increments of not less than one half hour.
lOA. If an employee is eligible for three (3) or four (4) weeks of vacation, they may take a maximum
of two (2) weeks at one time with written approval from the supervisor ifreceived in advance.
Employees eligible for 120 hours or more of vacation shall also be required to take at least one
block of five consecutive vacation days.
10.5. If an employee is on an approved unpaid leave of absence for less than thirty (30) days, their
vacation eligibility will not be affected; should the leave extend beyond thirty (30) days,
vacation time will not continue to accrue.
10.6. If a City paid holiday falls during a scheduled vacation period, an employee will not be charged
a vacation day for that holiday.
.
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10.7. At an employees option, employees leaving employment shall be compensated for vacation
leave earned and unused to the date of separation by hunp sum or may request to use vacation .
accrued as time off.
10.8 Employees are allowed to carry forward into the next calendar year, a maximum of eighty (80)
vacation hours. All vacation hours in excess of 80 hours per employee on December 31 of any
calendar year shall be forfeited.
10.9 Vacation preferences shall be designated by March 30, and seniority shall govern in the case of
conflict and employees shall schedule at least eighty (80%) percent of their vacation time by this
time.
10.10 An employee deprived of a vacation or any part thereof due to an emergency, shall be
compensated in pay for the vacation time lost, or be allowed the vacation time taken at a later
date on approval of the Employer, at the Employer's discretion. Regular part time (not
temporary or seasonal) employees shall earn vacation benefits on a pro rata basis (must work a
minimum of 30 hours per week).
ARTICLE 11 SICK LEA VB
11.1 Sick leave with pay shall be earned by each regular employee on the basis of eight (8) hours for
each month of service.
11.2 Sick Leave may be accumulated up to a maximum of seven hundred and twenty hours (720).
When an employee hired prior to May 1, 2001 has reached the maximum accumulation of sick .
days, s/he will be paid for eight hours at the regular rate of pay for each month that sick leave is
earned but not used. When an employee hired after May 1, 2001 has reached the maximum
accumulation of sick days, s/he will be paid for four (4) hours at the regular rate of pay for each
month that sick leave is earned but not used.
11.3 Employees may use their sick leave in increments of not less than one hour at anyone time.
11.4 Sick leave may be granted for the purposes of visiting doctors, dentists or other practitioners in
their offices. This time may also be used for tending to a serious illness suffered by a member of
an employee's immediate family, in the event the illness requires their personal time and
attention. For purposes of this section, immediate family includes spouse, child, parent or
sibling living in their home.
11.5 If an employee is pennanently disabled, any accrued sick leave shall be paid at the time of the
disability. Payment will be equal to one half of the accrued sick leave balance.
11.6 If an employee is on an approved unpaid leave of absence for less than thirty (30) days, an
employee's sick leave eligibility will not be affected. Should the leave extend beyond thirty (30)
days, sick leave time will not continue to accrue.
11.7 Upon retirement or tennination in good standing and after three or more years of service,
Employees shall receive four (4) hours of pay for each eight hours of unused accumulated sick .
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leave. When an employee separates employment, in good standing, with 10 or more years of
. service, s/he will receive 70% of the accumulated balance if paid out in cash or 100% of the
accumulated balance if the balance is rolled into an IRS approved medical spending account as
established by the City of St. Joseph.
11.8 Sick leave may be granted only for absence from duty due to personal illness, legal quarantine,
or death or serious illness in the employee's immediate family, and what amount of sick leave
that may be used for death in the immediate family and what constitutes "immediate family"
shall be a spouse, child, parent or sibling living in their home.
11.9 If the absence is for more than three (3) days in duration, a medical certificate may be required.
11.10 In order for an eligible Employee to receive sick leave, the employee must notify the employer
prior to scheduled work to the appropriate supervisor the reason for a proposed absence from
duty, and keep the appropriate supervisor informed of his or her condition of the absence daily.
An exception to this notification is a multi-day excuse from the doctor submitted prior to the
leave.
11.11 Claiming sick leave when physically fit except as provided by this Article may be cause for
disciplinary action, including suspension, demotion or dismissal.
11.12 An Employee may supplement benefits received under Workers Compensation up to an amount
equal to the difference between such benefits and the employee's normal pay. Employees who
. receive Workers Compensation while being paid sick leave by the City ofSt. Joseph will be
obligated to report those check amounts to the City of St. Joseph at which time an equal amount
of money will be subtracted from the gross pay of the employee's next pay checks before taxes
and other deductions are made.
ARTICLE 12 FUNERAL LEAVE
12.1 An Employee shall be granted three days leave with pay in the event of a death in the immediate
family (spouse, children, father, mother, spouses' parents, spouses' children or legal guardian,
brothers and sisters).
12.2 An Employee shall be granted one day leave with pay in the event of a death of a grandparent,
spouses' grandparent, grandchildren or sibling or any member of the extended family with the
supervisors approval.
12.3 An Employee may take up to one day without pay to attend funerals of other relatives and
friends. Vacation time may be used for this purpose. Employees may only use funeral leave
twice in one calendar year for this purpose.
ARTICLE 13 BONE MARROW
13.1 An Employee working an average of 20 hours or more per week, shall be entitled to a paid leave
. of absence when undergoing a medical procedure to donate bone marrow. The combined length
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of leave of absence to complete the procedures shall not exceed 40 work hours, unless the
employee specifically agrees to a greater leave. The employer may require verification by a ·
physician of the purpose and length of each leave requested by the employee to donate bone
marrow.
ARTICLE 14 JURY DUTY
14.1 It is an employee's civic duty as a citizen to report for jury duty whenever called. If an employee
is called for jury duty, the City will permit them to take the necessary time off. The City of St.
Joseph will reimburse an employee for the difference between their jury pay and their regular
pay, not to exceed eight (8) hours per day for a maximum often (10) business days.
ARTICLE 15 MILlT AR Y LEA VE
15.1 Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is entitled to
the benefits afforded by those sections. The state law giving 15 working days leave per year to
National Guard and reserve personnel for training or when called into active duty is mandatory
and applies to every city whether or not included in the Ordinance. This section is included
simply to make city employees and employers aware of the fact that the State Law applies.
ARTICLE 16 UNP AID LEA VES OF ABSENCE
16.1 In the event it is necessary for an employee to be absent from work for reasons other than sick ·
leave, funeral leave, vacation, jury duty or family and medical leave, a written request for an
unpaid leave of absence must be made at least fourteen (14) calendar days prior to the effective
date of the leave of absence.
16.2 Requested leaves of absence will be granted only when such leave would not affect the services
provided by the Employer, is recommended by the City Clerk/Administrator, and is approved by
the City Council. The approval of such requests is discretionary with the City Council.
16.3 During an unpaid leave of absence employees will earn no compensation or benefit.
ARTICLE 17 INSURANCE
17.1 Hospitalization and Dental Insurance.
The following benefits are provided to full time regular employees and regular part time (those
working 32 hours per week or more, pro rated based on hours worked; ie: If an employee works
35 hours, the Employer would pay seven eighth of the employer contribution). as defined and
limited in the literature provided by the insurance company:
../ Group Term Life Insurance
../ Accidental Death and Dismemberment Insurance
·
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./ Major Medical and Surgical Coverage
. ./ Medical Health Care Coverage
./ Dependents Health Care Coverage
./ Dental Insurance
./ Long Tenn Disability Insurance
a. The Employer will pay 80% of the hospitalization, medical and dental premium with
the Employee paying 20% of the premium for full time regular and full time/part time
employees (those working 32 hours per week, pro rated based on hours worked; ie: If
an employee works 35 hours, the Employer would pay seven eighth of the employer
contribution.), their spouse and their dependents for contract year 2002. Insurance shall
become effective 30 days after date of hire.
b. In the event of termination of employment with the City of St. Joseph or loss of
eligibility to remain covered under the City group health insurance program, the
employee and their eligible dependents may have the right to continue coverage under
the City Health insurance program at their own expense.
c. Upon retirement, employees shall have the right to continue to be covered under the
City group health insurance program at their own expense.
17.2 Life Insurance
.. a. All eligible regular employees of the City ofSt. Joseph are covered by the City's Group
Life Insurance, at a ratio of 80% paid by the employer and 20% by the employee.
Spousal and dependent coverage shall be provided if the coverage is pat1 ofthe policy
covering the employee. This insurance is payable in the event of the employees death
from any cause, at any time or place, while they are insured. Payment will be made in a
lump sum or in installments to the beneficiary, as designated by the employee. An
employee may change their beneficiary whenever they wish by submitting the
appropriate documents to the City Office. Refer to the literature provided by the
insurance company for details on life insurance coverage.
b. The amount oflife insurance provided for eligible employees shall be at least
I $25,000.00. $ 30,000. I
17.2 Long Tenn Disability Insurance
a. All eligible regular employees of the City ofSt. Joseph are protected through
accumulated sick leave days for short-tenn disability if they are totally disabled because
of illness or accident that is not job related (not to exceed their accumulated sick leave
days). Long-tenn disability begins after 720 hours and is defined in the literature
. provided by the insurance company. Total disability means that an employee can not
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perfonn any position that the City of St. Joseph has available, that an employee is
qualified for and normally able to perfonn. The City shall not be liable to an employee .
for the insurer's failure to pay a claim.
b. The Employer shall provide all eligible employees with disability insurance as per
current policy which includes spousal disability at no cost to the employee.
c. Disability Insurance shall become effective 180 days after date of hire.
ARTICLE 18 PROBATIONARY PERIODS, SE1\TIORITY, and RESIGNATION
18.1 All newly hired regular employees shall serve a six (6) month probationary period. During their
probationary period, employees may be terminated at the sole discretion of the Employer.
Termination during probation is not a grievable action.
18.2 Upon completion of the probationary period, employees shall become regular Employees with
the meaning of this Agreement and shall have seniority dating fÌom the beginning date of their
continuous employment.
18.3 In the event of a layoff or recall, classification seniority shall govern provide that no regular
Employee shall be laid off while probationary employees are employed.
18.4 The employee shall provide at least fourteen (14) calendar days written notice of an intent to
resign, specifying the termination date, and reason for resignation. Failure to provide such
notice may mean loss of termination benefits due under this Agreement, excluding the event of
death, illness and/or disability. An unauthorized leave of more than three (3) working days shall .
be deemed to be a resignation without notice, excluding the event of death and illness and/or
disability.
18.5 If an employee was a regular employee and was laid off, they will be considered a regular
employee upon return to work, provided that they were not on layoff for longer than two years.
Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months.
If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order
of their layoff, provided they are presently qualified to perform the work in the job classification
to which they are recalled.
18.6 When the Employer has determined that recall will be made and the number of employees to be
recalled, the Employer will recall senior employees. Employees who refuse a recall from layoff
to the position helshe held at the time of layoff will be removed from the recall list. Employees
may refuse a recall to a different job within the City and such employees will then only be
recalled to their original position. If an employee carulOt be promptly reached, the Employer's
representative shall send a certified letter (return receipt from addressee only required) to the
employee's address of record. If said employee does not report for work within ten (10)
working days of receipt of such notice, such an employee will be considered as having
voluntarily terminated.
.
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18.7 If an employee is recalled to a position in a lower rated job classification or to a part-time or a
. seasonal position, he/she shall have the right to return to the job classification he/she held prior
to being laid off in the event is subsequently becomes available. If an employee is recalled to a
lower rated job classification or to a part-time position which is less that 75% full time, the
employee shall have the right to refuse the recall and remain on the recall list. The Employer
shall not hire new employees in bargaining unit positions as long as there are still employees on
the recall list who are presently qualified to perfonn the work in the affected job classification
and who are willing to be recalled to said classification.
18.8 Employees who are eligible forrecall shall be given ten (10) calendar days' notice of recall and
shall be sent to the employee by certified or registered mail with a copy to the Union. The
employee must notify the Employer of his /her intention to return within five (5) working days
after receiving notice of recall. The employee must be willing to report and to return to work
within ten (10) working days following receipt of the notice of recall. The Employer shall be
deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return
receipt requested, to the mailing address provided by the employee. It is the obligation and
responsibility of the employee to provide the employer with his/her latest mailing address.
18.9 Seniority for full time employees shall be defmed as an employee's length of continuous service
within the bargaining unit since his/her last date of hire. Part time employees seniority shall be
determined by hours worked.
. 18.10 In the event of a layoff, a minimum of a two week notice must be provided.
18.11 The seniority list, on the date of the Agreement, shall show the names of all employees of each
department(City Office and Public Works) entitled to seniority. The employer will provide the
Union with an up to date copy of the seniority list upon request.
18.12 An employee shall lose his seniority for the following reasons only:
A. He/she resigns.
B. He/she is discharged, and the discharge is not reversed through the procedure set forth
in this Agreement.
C. He/she is absent for three (3) consecutive working days or four (4) calendar days
without notifying the employer, unless the employee is mentally or physically unable to
notify the employer. Upon return to work, the Employee shall be required to show
proof of such inability to notify the employer. After such absence, the employer will
send written notification to the employee at his/her last known address that she/he has
lost her/his seniority and her/his employment has been terminated. If the disposition of
such case is not satisfactory, the matter may be referred to the grievance procedure.
D. If she/he does not return to work when recalled from layoff as set forth in the recall
procedure~
.
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ARTICLE 19 VACANCIES, NEW POSITIONS, and PROMOTIONS
19.1 New positions and vacancies shall be posted on the employees bulletin board in each .
department, and employees shall have seven (7) calendar days in which to apply.
-l-9d The senior employee applying under 19.1 who meet the qualifications as detennined by the
Employer for the position posted shall be offered the position. This section shall be grieve able
but not arbitratable. The Union acknowledges it is the City's right to detennine job descriptions
and qualifications for the positions. The Union shall not have the right to grieve or arbitrate job
descriptions or qualifications for the positions.
19.3 Qualification detennination will include satisfactory attendance and prior satisfactory job
pelfonnance.
19.4 If an employee refuses to accept a promotion to the job classification as heíshe requested, that
employee will no longer be considered for promotion or transfer for that job classification until
heíshe has resubmitted a request form.
19.5 Employee must have been in his/her current position for a period of no less than six (6) months
before any transferípromotion is approved.
19.6 All approvals for promotion are to be approved by the City Council.
19.7 When a vacancy occurs, the Employer has the authority to hire temporary employees or
temporarily transfer current employees while a search for replacement employees is being
conducted.
ARTICLE 20 DISCIPLINE .
20.1 The Employer will discipline employees for just cause only. Discipline shall be in one of the
following forms:
a) oral reprimand
b) written reprimand
c) suspensIOn
d) demotion, or
e) discharge
20.2 Suspensions, demotions and discharges will be in written form.
20.3 Written reprimands, notices of suspension and notices of discharge, which are
to become part of an employee's persOlll1el file, shall be read and acknowledged by signature of
the employee. Employees and AFSCME shall receive a copy of such reprimands andíor
notices.
20.3 Employees may examine their own individual personnel files by appointment with the
Clerkí Administrator in the presence of a Union Steward.
20.4 Employees will not be questioned concerning an investigation of disciplinary action unless the
employee has been given an opportunity to have an AFSCME representative present at such
meeting. .
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20.5 Grievances relating to this Article and involving suspension, demotion or discharge shall be
. initiated by AFSCME in Step 2 of the Grievance Procedure, under Article 6.
ARTICLE 21 WAGES, REIMBURSEMENTS AND LONGEVITY
21.1 Wages
a. All Employees shall be paid in accordance with Schedule "A" attached hereto and made
a part of this Agreement.
b. Employees shall move to their next step on the wage scale on their anniversary date of
employment as long as their performance evaluation indicates they are meeting or
exceeding expectations.
c. Employer shall make deductions available under IRS Section 125.
21.2 Annual performance evaluations are to be conducted by the immediate supervisor within 30 days
of the employee's anniversary date. Wage increase shall be effective on the actual anniversary
date of the employee.
21.3 Unifoffi1S
a. All Employees of the Maintenance Department shall be provided uniforms including
the weekly laundry of such.
b. All Employees of the Maintenance Department shall be required to wear and are
allowed to purchase one pair of safety shoes per year with a maximum compensation of
. 100.00 per year. Employees shall be allowed to carry forward into the next year any
used portion of the allowance. However, at no time shall an employee have an
accumulation of greater than $ 200.00.
c. All employees covered through the AFSCME ContTact shall receive a clothing
allowance of $ 175.00 per calendar year to purchase City of St. Joseph apparel. The
apparel must be purchased through the City approved vendor.
21.4 Longevity
a. All current Employees shall receive a longevity payment of$20.00 per full year of
service. Effective May 1, 2001 all newly hire employees shall not qualify for this
longevity benefit.
b. Employees shall be paid longevity in December of each year.
21.5 Reimbursements
a. Meal Reimbursement - The City of St. Joseph shall reimburse any employee of the
City of St. Joseph meal expenses incurring while conducting authorized business.
Receipts must accompany all reimbursement requests. The rate for reimbursement will
be equal to the total allowed under IRS guidelines. The maximum compensation for
meals is as follows:
l. Breakfast-- $ 7.00
.
-14-
ii. Lunchu $ 8.00
111. Dinneru $ 15.00 ·
b. Mileage - The City ofSt. Joseph shall reimburse any employee of the City of St.
Joseph for mileage expenses at the current IRS rate.
c. Lodging - The City of St. Joseph shall provide lodging expenses provided that the
meeting/conference is more than one day in duration.
d. Parking Fees - The City of St. Joseph shall reimburse employees for parking fees and
toll fees provided that a receipt is submitted.
e. Commercial Transportation - The City of St. Joseph shall reimburse an Official for
commercial transportation (air, taxi, rental car, etc. ) when need to attend an
authorized meeting, conference, workshop out of the area. If air transportation is
required the most reasonable flight patter will be arranged. First Class travel will not be
reimbursed.
21.6 School License Reimbursement. The City shall reimburse employees for licenses required to
perform their essential job functions. License reimbursement shall be limited to the cost of the
Commercial Drivers License endorsement and required State Certifications to operate the City
utility systems (Water/Sewer).
ARTICLE 22 RETIREMENT CONTRIBUTION
22.1 The Employer shall contribute to PERA for each employee as required by Statute; the ·
Employees shall contribute as required by Statute.
ARTICLE 23 PERSONNEL POLICY MAi'illAL
23.1 Where the Collective Bargaining Agreement conflicts with the Personnel Policy Manual, the
collective Bargaining Agreement shall govern. Other wise the Employees shall be subject to the
terms and conditions of the Personnel Policy Manual.
ARTICLE 24 WAIVER
24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment to the extent inconsistent with the provision of the
Agreement, are hereby superseded.
24.2 All agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for its specified term. The Employer and the Union agree that only upon consent of
both parties may this agreement be opened during its life for purposes of negotiations on tenus
and conditions of employment covered by this Agreement or those not specifically referred to or
covered by this Agreement.
·
- 15 -
ARTICLE 25 SAVINGS CLAUSE
· 25.1 The Agreement is subject to the laws of the United States, the State of Minnesota and the City of
St. Joseph. In the event any provisions of this Agreement shall be held contrary to law by court
of competent jurisdiction from whose fmal judgement or decree no appeal has been taken within
the time provided, such provisions shall be voided. All other provisions of this Agreement shall
continue in full force and effect. The voided provisions may be renegotiated at the written
request of either party.
ARTICLE 26 DURATION
26.1 This Agreement shall be effective as the 1 sl day of January, 2005 and shall remain in force and
effect until the 31 st day of December 2006 the anniversary date. It shall be automatically
renewed from year to year thereafter unless either party shall notify the other, in writing, by July
1 sl prior to the anniversary date, that it desires to modifY this Agreement. This agreement shall
remain in full force and effect during the period of negotiations and until notice of termination of
this Agreement is provided to the other party in the manner set forth in the following paragraph.
26.2 In the event that either party desires to tenninate this Agreement, written notice must be given to
the other party not less then ten (10) days prior to the desired tennination date which shall not be
before the anniversary date set forth in the preceding paragraph.
· IN WITNESS WHEREOF the parties hereto have set their hands and seals this 191h day of May, 2005.
CITY OF ST. JOSEPH AMERICAN FEDERATION OF COUNTY
STATE AND MUNICIPAL EMPLOYEES
By: By:
Richard Carlbom, Mayor Jim Marthaler, President
By: By:
Judy Weyrens Clerk/Administrator Mike Sworski, Union Steward
By:
Ida Rukavina, AFCSME Union Rep.
·
-16 -
I Wages - 2005 thru 2006 I .
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
IClass 11 330-395 I Public Works Director
2005 - 3.5% 19.02 20.05 21.06 21.90 23.69 24.42 25.02 26.03
2006 - 3.5% 19.69 20.75 21.79 22.66 24.52 25.27 25.89 26.94
IClass 10 276-329 ~ Assistant Administrator
2005 - 3.5% 17.90 18.88 19.84 20.72 22.29 22.98 23.56 24.50
2006 - 3.5% 18.53 19.54 20.53 21.44 23.07 23.78 24.38 25.36
IClass 09 229-275 ~ Finance Officer
2005 - 3.5% 16.67 17.31 18.18 19.01 20.47 21.07 21.60 22.48
2006 - 3.5% 17.25 17.92 18.82 19.67 21.18 21.81 22.35 23.26
IClass 08 191-228 I Wastewater Operator
2005 - 3.5% 15.54 16.65 17.22 17.99 19.37 19.94 20.45 21.27
2006 - 3.5% 16.08 17.23 17.83 18.62 20.05 20.64 21.17 22.01
IClass 07 160-190 Administrative Assistant Maintenance /Varkel'
2005 - 3.5% 14.68 15.50 16.28 17.01 18.31 18.86 19.33 20.11
2006 - 3.5% 15.20 16.05 16.85 17.61 18.95 19.52 20.01 20.82
Class 06 146 - 159 I Recptionistl Secretary .
2005 - 3.5% 13.37 14.11 14.81 15.47 16.64 17.15 17.58 18.29
2006 - 3.5% 13.84 14.60 15.32 16.01 17.23 17.75 18.19 18.93
IClass 05 145 - 120 I Laborer - Non Union
2005 - 3.5% 9.13 9.59 10.07 10.57 11.10 11.65 12.24 12.85
2006 - 3.5% 9.45 9.92 10.42 10.94 11.49 12.06 12.67 13.30
.
- 17-
I Attachment: Yes or No I
.
REQUEST FOR COUNCIL ACTION
Consent 3(g)
Seasonal Maintenance Employee
DATE: May 19,2005
Public Works
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Seasonal Employee - Public Works
PREVIOUS ACTION
The budget for 2005 includes the hiring of an additional employee. At this time we are not ready to add
the full time employee. The hiring of a temporary seasonal employee would provide assistance for grass
. cutting and street work.
RECOMMENDED COUNCIL ACTION
Authorize the hiring of a seasonal employee to work ftom June 1 to August 31.
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
As far as the hiring process, we recommend the City review the current applications on file and interview
any candidate that meets the criteria. If we don't have a candidate then we will place an ad in the St.
Joseph Newsleader. Since this a part time position I would recommend that the Public Works Director
along with a member of his staff interview and select the candidate.
.
I Attachment: Yes or No I
·
REQUEST FOR COUNCIL ACTION
Rock Properties - Reinstatement of Rental License
DATE: May 19, 2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Rock Properties, reinstatement of rental license
PREVIOUS ACTION
The Council has been involved in pending litigation regarding the suspension of the rental license at 29
East MN Street. The following correspondence concurs that the action against the City will most likely
be dropped. The City Attorney has agreed that the matter can be placed before the Council for
consideration.
·
RECOMMENDED COUNCIL ACTION
FISCAL IMPACT
COMMENTS/RECOMMENDA TIONS
Since being served notice the property owner has tried to comply with the rental license suspension. Due
to actions beyond their control the tenants could not be evicted. The rental license Ordinance does allow
the Council the opportunity to reinstate the rental license upon' being petition by the land owner. Rock
Properties is requesting that the rental license be reinstated effective June 1, 2005 to allow the new tenants
to move in.
As information Rock Properties immediately paid the fine imposed by the Council and processed the
required paperwork to evict the tenants. In addition they have kept the staff informed of the process and
provided any information that was requested of them.
·
Page 1 of2
Judy Weyrens
From: "Zipf, Ryan" <rzipf@lmnc.org>
To: <jweyrens@cityofstjoseph.com> ·
Cc: "Richardson, Darin" <DRichard@LMNC.ORG>; "Kirtz, Sue" <SKirtz@LMNC.ORG>
Sent: Tuesday, May 10,200511 :31 AM
Subject: RE: Carpenter Unlawful Detainer Case
PRIVILEGED AND CONFIDENTIAL
Judy
I am writing to give you an update on the Carpenter Unlawful Detainer case.
I called the Stearns County Clerk of Court and the landlord's attorney, Ed Laubach. Both confirmed that Judge
Pearson is still taking the case under advisement and has not issued an Order on the unlawful detainer.
According to Laubach, attorney Carpenter told him that the tenants moved out after SJU's graduation on
Sunday.
The Judge's delay in issuing a decision on the unlawful detainer will probably render the tenant's motion for the
temporary injunction moot. I don't anticipate the Judge ever ruling on the constitutionality of St. Joseph's noise
ordinance. As of now. I don't foresee any additional litigation involving St. Joseph in this case.
Laubach also told me that the criminal case against Matt Hanke for the second noise violation
was dismissed. I anticipate that the landlords may return to the city council seeking a remission of the
suspension of their rental license.
I will keep you posted if I hear anything else on this case. Please call me if you have any questions.
Ryan ·
Ryan M. Zipf, Esq.
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103-2044
Direct Line: (651) 281-1241
NOTICE: This message is from the Litigation Department of the League of Minnesota Cities, and thus may
contain or attach confidential information or an attorney-client communication that is confidential and privileged by
law. It is not intended for transmission to, or receipt by, any unauthorized person. If you believe that you have
received this message or any attachment in error, simply delete both from your system without reading or
copying, and notify the sender bye-mail or by calling 651-281-1241. Thank you.
-- --~----------- -----------
From: Zipf! Ryan
Sent: Friday! April 22, 2005 11:04 AM
To: 'jweyrens@cityofstjoseph.com'
Subject: Carpenter Unlawful Detainer Case
Judy
FYI. I called the Stearns County Courthouse and Judge Pearson has not made his decision on the eviction
action. I will keep you posted if there is any new updates.
Ryan M. Zipf, Esq. ·
League of Minnesota Cities
145 University Avenue West
5/1 7/2005
I Attachment: Yes or No I
·
REQUEST FOR COUNCIL ACTION
Graceview Estates - PUD Amendment
DATE: May 19, 2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Graceview Estates PUD Amendment
PREVIOUS ACTION
The Planning Commission conducted a public hearing on May 2, 2005 to amend the PUD for Graceview
Estates. The amendment for the PUD is two-fold:
1. First, when the City conducted the improvement hearing for the Cloverdale
Improvements, some of the property owners requested that the roads in
Graceview Estates abutting ih A venue be combined to one road that meets Dale
Street. The street configuration for the original PUD places the road between
· property lines with the potential of headlights shining in existing homes. The
City accepted the request and informed the property owners that the developer
already had an approved PUD and without a request for amendment, the road
could not be changed significantly.
2. During this same time, the Developer expressed a desire to change the housing
style and amend the PUD. At this time he would agree to change the road design
and create one intersection. The City informed the Developer that the decision to
amend the PUD needed to be complete in the spring as it will have an impact on
the utility placement for the Cloverdale Project.
The Planning Commission tabled action on May 2 requesting the developer provide additional
information to include: consider redesigning the intersection at Dale and 7th Avenue; reconsider the
density; provide housing detail; provide setback detail on the plan. This information was presented for a
meeting on May 16,2005. The Planning Commission has recommended that the Council approve the
PUD Amendment as the revised plan has removed one unit and the intersection has been re-designed. In
addition the developer has provided the required information.
RECOMMENDED COUNCIL ACTION
Accept the recommendation of the Planning Commission and approve the PUD Amendment.
· FISCAL IMP ACT
COMMENTS/RECOMMENDA TrONS .
Foryour convenience r have attached the Draft Minutes of the May 2, 2005 Planning Commission
meeting. As you can see the City does not have a process outlined in the Ordinance for amending a PUD.
The City Attorney has provided some guidance to the Planning Commission when considering the
request. When looking at the entire density of the PUD with the amendment, the development meets the
minimum density requirements. The lot sizes and setbacks for the amendment are similar in nature to the
existing PUD.
The developer is requesting to construct "Brownstone" type structures, offering a style of housing not
present in St. Joseph. For your convenience a floor plan and outside elevation are included in your
packet.
Some of the property owners may be present to request the Council re-consider the assessment roll for
Cloverdale and assess the developer a larger portion. The reconfiguration does not impact the assessment
as the developer is providing utility work within the development and is paying for essentially 50% of the
main extension. In addition, the City has already finalized the assessment roll and the time period for
contention is over. Tracy will be present at the meeting to answer any questions.
.
.
DRAFT
May 2, 2005
Planning Commission Minutes
PUD Amendment, Graceview Estates
· Page 1 of 2
Public Hearinq - PUD Amendment: Weyrens stated that the purpose of the hearing is as follows:
The Planning Commission for the City of St. Joseph will conduct a Public Hearing on Monday,
May 2, 2005 at 7:15 PM in the St. Joseph City Hall. The purpose of the hearing is to consider an
amendment to the Planned Unit Development entitled Graceview Estates.
Bob Herges and Rick Heid, 25 - 11th Avenue North, St. Cloud, MN 56301 have submitted the
request for PUD Amendment.
Weyrens stated that currently there is no process in place for amending a PUD, however the attorney did
put together some considerations that the Planning Commissioners should review when considering the
amendment. The five considerations are:
1. Does the amendment preserve or detract from the variety of housing types that were present in
the original PUD;
2. Does the amendment provide for a more useful allotment of open space and recreational areas;
3. Does the amendment provide greater or lesser preservation/utilization of natural features than the
original PUD;
4. Is the amendment preferable to the original plan in that it provides for shorter utilities and streets;
5. Does the amendment provide for the same in proportion of open space and overall dwelling unit
density as in the original PUD.
Weyrens also stated that the City requested that they amend the PUD to align with Dale Street.
Rick Heid approached the commissioners on behalf of the developer to discuss the amendment. He
stated that they are asking for the amendment so that they can change the housing styles. They also
· want to respond to the City's request for alignment of the access with Dale Street.
The Public Hearing was opened.
Rick Schultz, 326 ih Avenue SE, approached the commissioners to request a map showing both the
proposed PUD and the original PUD.
Rassier questioned Heid on the different housing styles that they plan to use. Heid stated that originally
they were going to do patio homes and 4-plexes. With the change, they would build 2 story single-family
units.
Herman Gangl, 316 ih Avenue SE, approached the commissioners with some concerns he has with the
development.
D He was under the understanding that there would be single-family dwellings along th Avenue SE.
D He questioned the assessments and whether or not this would change their assessments as the
number of units will change. Utsch stated that the assessments would not change as they are
already finalized. Weyrens stated that they will pay more to have the utilities stubbed in, however
the assessments are based on footage and that did not change. She also stressed that the
assessments are finalized and only the City Council can review those.
Michael Phillipp, 338 ih Avenue SE, addressed the commissioners with some concerns and questions.
D He is going to be putting up a fence. He questioned whether or not he would need a permit and
what the maximum height is. He was advised that he would need a building permit and that the
maximum height is 7 feet.
D Phillipp questioned how the City plans to take care of storm water drainage with the new road.
D He advised the commissioners that there is no temporary mailbox for Maurice Palmersheim.
·
DRAFT
May 2, 2005
Planning Commission Minutes
PUD Amendment, Graceview Estates
Page 2 of2 .
Tom Gustafson, 306 th Avenue SE, spoke to the commissioners and stated that he has some concerns
with the new housing plan. He stated that the houses would be 10' apart and he questioned why he has
to be 10' from the property line. He stated that they should need to be 10' from the property line as well.
Utsch stated that it is an Association, which means that they have one big lot rather than individual lots.
Oeutz stated that the PUO lot is larger than a single-family lot so they are allowed to have smaller
setbacks. Judy also stated that the lot is a total of 92 acres and the density must not exceed 11,000
square feet. Gustafson also stated that he feels that he is paying more per lot than the developer of
Graceview Estates. Oeutz explained that they have a huge city lot and it cannot be split.
Linda Gustafson, 306 th Avenue SE, approached the commissioners to ask them what the benefit of the
PUO amendment is to them. She stated that when they moved in they were told it would be a nice single-
family housing development across the street. She also stated that she has seen areas like this in other
places in which there is not enough parking. Utsch stated that the previous plan was for 4-plexes,
whereas the new plan is for all single-family housing. They also mentioned that all of the homes would be
for sale, not rentals.
Pat Gangl, 316 th Avenue SE, addressed the commissioners to state that she does not feel those homes
should be considered single-family. In her opinion, single-family homes are larger lots.
Herman Gangl, 316 th Avenue SE, questioned whether or not he could get tapes from when this
development first went to the City Council. He was advised that the tapes are not kept that long as the
minutes are the official record after 6months. Gangl also stated that he does not feel that this type of
housing style will be a good transition to the homes that are along th Avenue SE.
Brad Cobb, 333 4th Avenue SE, stated that he is new to the area and that he likes the development. He .
urged the commissioners to make sure that the developer keeps up with the trees, trails, and sidewalks
as planned.
The Public Hearing was closed.
~iscussion: Utsch stated that Oale Street is 32' wide and he feels that the access road into Graceview
should be made the same width as Dale Street. He also mentioned that he would like to get a picture of
what the new housing style would look like and also see the footages between the structures on their
plans. Oeutz commented that he agreed with Utsch. Oeutz also stated that the proposed amendment
would create a more dense area by almost 3,000 square foot. He stated that perhaps the developer could
eliminate one structure to help make the area less dense. Utsch also questioned whether or not there
would be a walking path to each home as it appears on the drawing. Heid stated that no there would not
be a path to each home. After hearing the discussion amongst the commissioners, Utsch urged the
developer to take a look at the density and road issues that were discussed.
Graeve made a motion to table this discussion until the special meeting later in the month. The
motion was seconded by Loso and passed unanimously.
.
1\", I. ....;1 ~VV) I' III III No,U,14 p, L
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'g.tj ~reatíV\.g tVle (;freer wttltl DVU eVvtr~ I¡,cel' tlrle $afetr1 ts
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.
VRajkOWSI5i .
. Hansmeler Ltd.
11 Seventh Avenue Nor1h ATIORNEyS AT LAW
P.O. Box 1433
St. Cloud, MN %302·1433 April 29 , 2.005
. . .- ".- ... -..-.... - . - -.- - .-. ."-. .,.. '" -.. . ..-.-
Judy Weyrens
320-25\-1055 City Administrator
Toll Free BOO-445·9617 P.O. Box 668
St. Joseph, 1v1N 56374
Fax 320·251·5B96
RE: Graceview Estates POO iunendment
Our FileNo.: 21753
rajh2n@rajhan.com
w'Vv\v.rajhan.com Dear Judy:
This 1etter is intended to offer the City some guidance regarding the request for an amendment of
the Graceview Estates POO to the Graceview Estates 4 phase. The City should be revievlÍng this
amendment in relarion to the entire POO plan with the following considerations:
1. Does the amendment preserve or de1ract from the variety of housing types that were
present in the original POO;
2. Does the amendment provide for a more useful aJ1oime::lt of open space and recreational
areas;
'"\ Does the amendment provide greater or lesser preservation/utilization of natural features
:>.
Frank. J. Rajkov/sk!·· than the original POO; .
4. Is the amendment preferable to the original plan in that i~ provides for shorter utiìities and
Gordon H. Hansmeier streets;
F,ederick L. Grunke 5. Does the amendment provide for the same in proportion of op:;n space and overall
dwelling Wllt density as in the original P1JD;
Thomas G. Jovanovich'
Paul A. Rajkow,ki' The developer has the burden of showing that the change to the POO is in the pub1ic interest, and
is at least as good a development as the originally approved PLJ'D. In short, the City should be
Kevin r. Gray reviewing this amenàm:;nt in much the same manner as it did the original POO, while keeping in
V/iHiam j. Cashman perspective the development that has already oc.curred in the P1JD.
Richard W. Sobalvarro If you have any fmiher questions, please give me a call.
Susan M. Dege Very truly YOUJ:S,
LeAnne D. Miller
RAJKOWSKI~RLTD.
Sarah L. Smith-larkin· BY~~ í
Troy A. Poetz
Joseph M. Bromeiand S sa M. Dege V
Gregory J. Haupert
SlvID/maj
Laurel J. Pugh
Jason T. Bretto
Fronk J. Rajk.oy/Sl;i and Richard \,.¡~ Sobalvuro are admitted tD pra:"Jce in r-..'orth Dakotè, Gorr:-on H. Hansmeier in ,\rarth Dakotd and lVircon.\H11 .
Paul A.. Rajko',",'Ski and Sarah L Smith-l.&rkin in \'"¡/iKonsin and r"Vilfìam 1. Camrnan in S:Jurh Dakora.
-Member of American Board of Trial Advocate~ -Qualified AOR Neutral.
I
I
GRACEVIEW ESTATES 3 I
I
PREVIOUSLY PROPOSED DENSITY 0~. I I I
~~ 1 I I
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--------
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;:- liaii1" 'ark, ~n 5fi3H7 O~N~I1Y = 14 683~F+/-
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I Attachment: Yes or No I
·
REQUEST FOR COUNCIL ACTION
Graceview Estates Third
DATE: May 19,2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Development Agreement, Graceview Estates 3
PREVIOUS ACTION
The Council considered the final plat for Graceview Estates 3 on April 21, 2005. At that time the
Development Agreement was not ready and the Council requested that the final agreement be presented
for approval upon completion.
· RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the development agreement between Pondview Ridge
LLP and the City ofSt. Joseph for Graceview 3.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
·
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CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(Developer Constructed Improvements)
THIS AGREEMENT, made and entered into this _ day of May, 2005, by and between Pond View Ridge,
LLP, a limited liability partnership, hereinafter called the "Developer", and the City ofSt. 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 Graceview Estates 3, which is .
legally described on Exhibit A, (hereinafter called the "Property" or "Development" or "Development
Property") attached hereto and made a part hereof; and
\VHEREAS, 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 of a plat
for a residential subdivision called Graceview Estates 3. 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 form 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.
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· 2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water
lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have
been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City
Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement have
been recorded with the Steams County Recorder's office; (4) the City has issued a letter that all conditions
have been satisfied and that the Developer may proceed.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS
3.1 Improvements. The Developer agrees to construct those improvements itemized below,
(hereinafter known as the "Improvements"):
Check all that apply:
-.lL Site Grading -.lL Bituminous Streets
x Water Main -.lL Street Signs
-.lL Storm Sewer -.lL Regulatory and Waming Signs
-.lL Holding Ponds - Turning and Bypass Lanes
-.lL Concrete Curb & Gutter - On-site Wetland Mitigation
· -.lL Sanitary Sewer -.lL Erosion Control
-.lL Bituminous Trail
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 Improvements
entirely at its expense, and to complete said improvements by September 30, 2005, except for
final wear course which shall be completed by September 15, 2006. The construction
documents shall establish completion dates at or before the dates shown above.
3.3 Engineering Services. The Developer will retain an engineer satisfactory to the City to
prepare complete construction Plans and Specifications for The Improvements. The
Developer shall make his engineer aware of the provisions in this Agreement. The
Developer's engineer shall:
(a) Arrange for soil borings in accordance with Exhibit B and/or such other subsurface
investigations as the City may require.
(b) Prepare construction plans, specifications, and estimate in accordance with Exhibit
B.
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(c) Secure all necessary permits including those required by the Minnesota Pollution
Control Agency, the Minnesota Department of Health, the Department of Natural
Resources, Steams County, or any other regulatory agency that has jurisdiction.
(d) Submit items one (1) through eight (8) on Exhibit "C" prior to beginning any
construction in the development.
(e) Complete an Environmental Assessment Phase I, if necessary, and any other related
environmental documents, reports, or studies as may reasonably be required by the
City.
(f) Provide all necessary construction staking and related survey work.
(g) Provide construction administrative services on behalf of the Developer, including
the following: review shop drawings, coordinate construction staking, monitor
permit requirements, monitor site grading and erosion control work designated as
developer's responsibility in Exhibit "D", process applications for payment, prepare
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 manuals in
accordance with Exhibit "B". Submit items nine (9) and ten (10) on Exhibit "C" in a
timely manner during construction
(h) Prepare record drawings. Submit item eleven (11) on Exhibit "c" to the City
Engineer within 30 days of receiving field measurements from the City's on-site
representative.
(i) Prepare and submit such other documentation as the City may require.
3.4 The City Engineer shall:
(a) Provide such City project standards, including special details, insurance requirements
and specifications, as the City may require.
(b) Review and approve Plans and Specifications.
(c) Provide a City Representative for resident construction observation throughout the
construction period.
(d) Provide field information to the Developer for use in preparing record drawings.
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(e) Conduct a final inspection and review final construction documentation.
(f) Conduct location survey to develop Geographical Information Services (GIS)
coordinates for all manholes, valves, catch basins, and sewer/water services.
(g) Recommend Acceptance of Improvements to the City.
3.5 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering
Services, consultant services, City Attorney services, and City Administrator costs and shall,
upon execution ofthis Agreement, place in escrow with the City cash or irrevocable letter of
credit in the amount of $25,000 which shall be applied to the payment of the cost of said
servIces. The City anticipates the consulting services shall exceed $
Should the above amount exceed the cost to the City, the City shall return to the Developer
all unused funds, including accumulated interest. Should the expense to the City exceed the
above amount, the City will notify the Developer of additional amounts to be paid into the
escrow account. The Developer shall fund the escrow account in the amount requested by
the City within 15 days after notice. No building permits shall be issued until the escrow
account is funded as requested by the City.
· The Developer shall pay a reasonable fee for in-house administration ofthe development by
the City staff and the City's consulting professionals to include but not be limited to
engineers, planners and attorneys. City administration will include monitoring of
construction observation, consultation with Developer and his engineer on the status of or
problems regarding the project, coordination for final inspection and acceptance, project
monitoring during the warranty period, and processing of requests of reduction in security.
The Developer shall pay for construction monitoring performed by the City's consulting
professionals at their customary hourly rates. Construction monitoring shall include part- or
full-time inspection of proposed public utilities and street construction by the City Engineer.
3.6 City as Third Party Beneficiary. The City shall not have any direct contractual relationship
with the Contractor, but shall be considered a third party beneficiary to the contract entered
between the Developer and the Contractor. The City shall not be liable to the Contractor for
the Developer's breach of a duty to the Contractor.
3.7 Easements. The Developer shall make available to the City, at no cost to the City, all
permanent and temporary easements necessary for installation and maintenance of The
Improvements.
3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability and
Broad Form Property Damage Insurance including contractual coverage in the amount of at
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least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurance
certificate shall be in a form approved by the City, and shall be delivered to the City at least
three days prior to the commencement of any work on the Improvements. Such insurance
shall remain in full force and effect through the end of the warranty period described in
Section 3.12.
The Developer shall cause each person with whom Developer contracts for the construction
and installation of any Improvements to provide evidence of insurance. Said coverage shall
include Contractor's General Liability, Owner/Engineer Protective Liability, Automobile
Liability, Contractual Liability, and Worker's Compensation coverage. The Developer or
each person with whom the Developer contracts shall obtain excess or umbrella liability
coverage of$l,OOO,OOO.OO per occurrence and $2,000,000.00 aggregate. The City and the
City Engineer shall be named as an additional insured on such policy by endorsement.
The Developer shall provide builder's risk insurance if there are any structures to be
constructed as part of the development (lift stations, pump houses, etc.). All insurance
coverage shall be provided in accordance with City specifications.
3.9 Performance Security. Prior to the actual construction of the Improvements pledged to be
constructed by the Developer, then in that event, the Developer shall post with the City a .
bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the
estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such
improvements, conditioned upon the faithful construction ofthe improvements according to
the Plans and Specifications, and final approval of the City Engineer, and the terms 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 determined 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 improvements. If the
construction contracts are under the control of one Prime Contractor, the Prime Contractor
may provide the performance security required by this section.
3.10 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer shall also
provide the City with a labor and materialman's bond, guaranteeing the payment of all
workmen performing labor or services, and all supplies or materialmen providing materials
for the Improvements. This bond shall not be released until the Developer has provided the
City Engineer with proof of payment of all laborers and materialmen in the form of release,
signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor,
and all construction contracts are under control of the 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.
.
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3.11 Warrantv Bond. The Developer shall fully and faithfully comply with all the terms of any
and all Contracts entered into by the Developer for the installation and construction of all
The Improvements and hereby warrants and guarantees the workmanship and materials for a
period of two years following the City's final acceptance ofthe Improvements. In addition to
the Security required by Section 3.10 herein, the Developer hereby warrants and shall post a
warranty bond, warranting the condition of the materials and workmanship of the
improvements for a period of two years following the City's final acceptance of the
Improvements. If any claims are made in writing within the warranty period, the bond shall
not be released until such claims are resolved.
3.12 Completion Date and Inspection. The work the Developer is to perform under this
Agreement must be done and performed by Developer in a good and workmanlike 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
Engineer, as defective or unsuitable, then such rejected material or labor shall be removed
and replaced with approved material or labor, to the satisfaction and approval of the City,
entirely at the cost and expense of the Developer.
· 3.13 Damage to City Inftastructure. Developer shall promptly repair, at the Developer's expense,
any damage to the City's existing inftastructure. Repairs shall be to original condition or
better.
4.0 FUTURE IMPROVEMENTS
Not applicable.
5.0 PHASED DEVELOPMENT
Ifthe development and improvements which are the subject ofthis Agreement are a portion of a multi-phased
preliminary plat, the City may refuse to approve final plats of subsequent phases ifthe Developer has breached
this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed
until Development Agreements for such phases are approved by the City.
6.0 CHANGES IN OFFICIAL LAND USE CONTROLS
For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or
official land use controls shall affect the use, development density, lot size, lot layout, or dedications of the
development which is a part ofthis Agreement unless required by State for Federal law or agreed to in writing
by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the
· full extent permitted by State and Federal law, the City may require compliance with any amendments to the
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City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of
this Agreement.
7.0 GENERAL TERMS AND CONDITIONS
7.1 Attornev Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed
by the Court, in~ the event that suit or action is brought to enforce the terms of this
Agreement.
7.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to
the City's entering into this Agreement, that Developer's interest in the Development is fee
owner. Prior to execution ofthis Agreement, the Developer shall provide the City with a title
opinion prepared by a licensed attorney and directed to the City stating the condition of title
of the property, or other proof of title acceptable to the City.
7.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall
be binding upon and accrue to the benefit 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, ifthere be more than one, shall mean each and all of them. This Agreement, at
the option of the City, shall be placed on record so as to give notice hereof to subsequent .
purchasers and encumbrances of all or any part of the Development and all recording fees
shall be paid by the Developer.
7.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement
shall be delivered personally or mailed by United States mail to the addresses set forth in tIlls
paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed
timely given or made when delivered personally or deposited in the United States mail in
accordance with the above. Addresses of the parties hereto are as follows:
If to the City at: City Clerk! Administrator
City of St. Joseph, P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Pond View Ridge, LLP
c/o Rick Reid
22825 Fleetwood Dr
St. Cloud, MN 56301
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 knO\vledge .
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· and belief, the improvements have been completed in conformance with the teDTIS of this
Development Agreement and all documents incorporated herein by reference. Upon
completion of the work and construction required by this Agreement and final approval and
acceptance by the City, the improvements lying within public easements in the development
shall become City property without further notice or action.
7.6 Incorporation of Documents by Reference. All general and special conditions, plans, special
provisions, proposals, specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this Agreement by
reference as if fully set out herein in full.
7.7 Indemnification. The City and its officers, agents and employees shall not be personally
liable or responsible in any manner to the Developer, contractor or subcontractors,
materialmen, laborers, or to any other person or persons whomsoever, for any claims,
demands, damages, actions, or causes any action of any kind or character whatsoever arising
out of or by reason of the execution of this Agreement, or the design, performance, and
completion ofthe work and the improvements to be provided by Developer pursuant to this
Agreement. The Developer shall hold the City and City Engineer harmless from claims by
third parties, including but not limited to other property owners, contractors, subcontractors
and materialmen, for damages sustained or costs incurred resulting from plat approval and
· the development of the Property. The Developer shall indemnify the City for all costs,
damages or expenses, including engineering and attorney's fees, which the City may payor
incur in consequence of such claims by third parties.
7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Property.
7.9 Streets.
(a) During any period of spring weight restrictions, when the streets within the
Development have the first lift of pavement, but prior to final acceptance of the
improvements by the City, the Developer shall post signage at each entrance to the
Property as notice restricting access to vehicles with an axle weight of seven tons or
less.
(b) The Developer shall promptly clean any soil, earth or debris from streets in or near
the Development resulting from construction work by the Developer or its agents or
assigns as often as necessary and as directed by the City for public safety and
convenience. In the event the Developer fails to clean the streets within 48 hours of
the direction of the City, the City may undertake the work and seek reimbursement
from the security provided by the Developer as set forth in paragraph 8.15( c) ofthis
· Agreement, or alternatively, assess the cost against property owned by the Developer
within the City.
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(c) Any damage to existing City streets due to construction activities within the
development shall be repaired to the satisfaction of the City at the Developer's
expense.
7.10 Erosion Control. The Developer shall comply with all requirements 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 "D" designated as the Developer's
responsibility. In addition, the City may impose additional erosion control requirements if in
the opinion ofthe City Engineer such requirements are necessary to retain soil and prevent
siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The
Developer shall comply with the erosion control plans and with any such additional
instruction it receives ÍÌom the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed
shall include rye grass or other fast growing seed to provide a temporary ground cover as
rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for
seed retention. The parties recognize that time is ofthe essence in controlling erosion. The
Developer shall notify the City at least 1 week prior to the initial transfer of the NPDES
permit.
7.11 Site Grading. ·
(a) Site grading shall meet all of the requirements set forth in the City's Development
Manual, and in the General Storm Water Permit for construction.
(b) When the site grading has been completed:
1. The Developer shall verify by field survey that the site grading has been completed in
accordance with the approved grading plan submitted with the preliminary plat
documents, as modified by the construction plans. The Developer shall submit the
verified site plan to the City for approval.
2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage
breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to
drain.
3. The approved site grading plan shall become the Development Plan.
4. The Developer shall make the Development Plan available to subsequent owners of
the lots purchased ÍÌom the Developer, and to their builders. Upon completion of the
final lot grading by the lot owner, elevations shall closely match those set forth on the
Development Plan. ·
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7.12 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully performed all of its duties and obligations under this Agreement.
Upon the written request of the Developer and upon the adoption of a resolution by the City
Council finding that the Developer has fully complied with all the terms ofthis Agreement
and finding that the Developer has completed performance of all Developer's duties
mandated by this Agreement, the City shall issue to the Developer on behalf ofthe City an
appropriate certificate of compliance. The Acceptance of the Improvements contracted in
accordance herewith by the City does not constitute a certificate of compliance and does not
release the Developer from ongoing duties or responsibilities arising under this contract. The
issuance of a Certificate of Compliance does not release the Developer or any Surety from
warranty responsibilities arising under Section 4.12 herein.
7.13 Public Land Contribution. In lieu of a public land contribution, Developer shall be
constructing bituminous trails.
7.14 Time of Performance. The Developer shall install all required public improvements for the
Development prior to the issuance of building permits by the City, with the exception of the
final wear course of asphalt on streets. The wear course on streets shall be installed between
August 15 and October 15 the first summer after the base layer of asphalt has been in place
· one freeze-thaw cycle. The Developer may, however, request an extension of time from the
City. If any extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside ofthis timeftame must have the written approval of the City Engineer.
7.15 Ponds.
(a) Dedication of Pond Areas. The Developer will dedicate to the City the property
shown for storm water or sedimentation holding pond purposes on the Preliminary
Plat and/or as required by the Plans and Specifications. Said dedication shall include
an access drive to the pond site. Developer will dedicate the drainage and storm
sewer utility easements shown on the Preliminary Plat and/or as required by the Plans
and Specifications. The Developer agrees that all holding and sedimentation ponds
and drainage easements as shown on the Preliminary Plat or as required by the Plans
and Specifications are required for the development of the Development Property.
(b) Cleaning of Ponds. At such time as the City Director of Public Works determines that
construction on the Development Property has been sufficiently completed so as not to
cause significant erosion which will contaminate the holding ponds servicing the
Development Property, Developer will clean/dredge all holding ponds and storm water
pipes on the Property. In the event the ponds require cleaning/dredging prior to the
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completion of all such construction, the City Director of Public Works may request
that the Developer complete more than one cleaning of the holding ponds.
(c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property
whether such ponds are located on City owned property, easements running in favor of
the City or on private property must maintain a minimum of an 8 foot natural buffer
from the high water mark. Notwithstanding the above, one access to each pond may be
created by the City in a location determined by the City in its sole discretion.
Developer shall be responsible for the cost of signage around said buffer areas
indicating that the buffer is part of a wetland restoration project which may not be
distributed without the written permission of the City. Said signs shall be posted in
locations reasonably determined by the City.
7.16 Monuments. Developer may place, at Developer's sole cost and expense, identification
monuments on the entrances to the Development Property pursuant to City Ordinance
regulations. The location and type of monuments must be approved by the City Engineer
prior to installation. Prior to installation of any monuments on the Development Property,
Developer must create an association to maintain said monuments. The association documents
must be approved by the City's attorney and originals provided to the City's attorney for
recording against the Development Property. .
7.17 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs,
including all reasonable engineering, legal, planning and administrative expenses, incurred
by the City in connection with all matters relating to the negotiation, administration and
enforcement of this Agreement and its performance by the Developer. Developer shall also
reimburse the City for any add-to-construction costs related to the installation of street
lighting or private utilities within the Development. Developer shall also be responsible for
the cost of acquiring and installing street signage consistent with that used in other recent
developments within the City. Such reimbursement shall be made within 14 days 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 of
building permits until all costs are paid in full. The City may further declare a default and
collect its costs from the security deposited in accordance with Section 4.5 of this
Agreement.
7.18 Renewal of Security. If any escrow account or bond deposited with the City in accordance
with this Agreement shall have an expiration date prior to the Developer's obligations
hereunder being complete, the Developer shall renew such security or deposit substitute
security of equal value meeting the approval of the City at least thirty (30) days prior to the
expiration of such security. Failure to post such alternate security or rene\\' such security shall
constitute a default and the City may place a moratorium on all construction or other work
related to the Development, refuse the issuance of building permits, and declare the entire .
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amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the
City as a security deposit in the same manner as the security theretofore held by the City.
7.19 Utility Location. Developer agrees that all utilities within the Development will be installed
underground, including without limitations electrical, telephone, cable television and natural
gas. Developer may receive an exemption from this requirement if Developer demonstrates
to the City. Engineer that underground utilities would not be physically possible. Any
exemption shall be limited to the minimal area necessary.
7.20 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve the
final plat provided it otherwise meets the requirements of the City's Ordinance governing
Subdivisions. Ifthe Plat contains the dedication of an easement, the use of property within
the area of an easement is specifically restricted by prohibiting the construction of any
structure or fence, planting trees or shrubs, or storing of personal property within the area of
the easement which could delay, restrict or impede access within the easement area by a
person or vehicle.
7.21 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and
installation of street lights and street signs. Developer will name all streets within the
· Development in accord with City Ordinance regulations. The improvement shall not be
accepted until installation of street lights and street signs is completed.
7.22 Wetlands. Developer shall take the following precautions to protect any wetlands within the
Property, as that term is defined in Minnesota Statute Section 1038.005, Subd. 19;
(a) Upon completion of the site grading, place signs on any lots containing wetlands or
drainage easement providing notice of the location of the wetland or drainage
easement. The signs shall be in a form and size as prescribed by the City and
available for purchase through the City Administrator/Clerk=s office. The location
and number of signs for each lot shall be as required by the City Engineer.
(b) Prohibit filling of wetlands so long as Developer is the owner of the affected lot.
(c) Developer will, simultaneous with recording ofthe initial plat for the Development
Property, provide an easement and development restriction to the City protecting the
wetlands areas located within lots shown on the Preliminary Plat. Said easement and
development restriction shall be drafted by the City Attorney and must provide that
the wetlands located on the lots shown on the Preliminary Plat may not be filled or
distributed without the permission of the City, which it may deny in its sole
discretion, and any other applicable agency. Developer will provide signs on the
Development Property indicating the location of the protected wetlands. All signs
· and locations must be approved by the City prior to installation.
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(d) Notwithstanding anything in this Agreement to the contrary, the Developer shall be
responsible for all wetland mitigation which is required for construction of any ofthe
Municipal Improvements, and Developer shall be responsible for all wetland
mitigation which may be required because of work done by or under the direction of
the Developer in the areas designated as future park. Developer will complete and
pay for all permitting, credit purchases, and/or other mitigation costs which may be
involved. The City may, however, take action to minimize charges or costs to the
City in the event the Developer fails to obtain all permits and complete all mitigation
which may be necessary for the construction of the Municipal Improvements and/or
work in future parklands.
7.23 Proiect Specific Requirements.
(a) Sewer and watermain (minimum 6" diameter) shall be extended into Klinefelter
Park.
(b) A 24 foot wide class 2 aggregate entrance road shall be constructed from the east
edge of Graceview Estates 3 to the gravel parking lot in Klinefelter Park.
(c) All construction traffic for the street and utility improvements shall access the
property ITom County Road 121 (Field Street location). The Developer shall instruct
all construction traffic to utilize the temporary access road. The Developer shall be .
responsible for maintenance and restoration of the temporary access road. .
7.24 SAC/W AC and Trunk Charges.
(a) 'Vater and Sewer Connection Charges. Water and Sewer Access Charges shall be
paid by the owner of each lot at the time the building permit is issued. Charges shall
be those in effect at the time the permit is issued.
(b) Water and Sewer Area Trunk Charges. Developer shall pay at the time of approval
of each final plat for the Development Property sewer area trunk charges and water
area trunk charges in accordance with City policy in effect at the time of such
approval.
7.25 Default and Remedies. If Developer fails in any way to perform or observe any covenant,
condition, or obligation contained in this Agreement the City may do any, all or any
combination of the following: (i) halt all further approvals regarding platting, improvements
or issuance of building permits or occupancy permits relating to the Development Property,
(ii) seek injunctive relief, (iii) terminate this Agreement and all ofthe obligations contained
herein without terminating Developer's obligation to reimburse the City for costs it has
incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize
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any funds or other security which have been provided to the City pursuant to this Agreement;
and/or (v) take any other action at law or in equity which may be available to the City.
7.26 Assignment. This Agreement may not be assigned by Developer except upon obtaining
the express written consent of the City.
7.27 Integration. This Agreement contains all ofthe understandings and agreements between the
parties. This Agreement may not be amended, changed, or modified without the express,
written consent of the parties hereto.
7.28 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
7.29 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of
the State of Minnesota.
7.30 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. Developer is hereby advised to seek independent legal advice prior to execution
of this Agreement.
. 7.31 Additional Terms. Protective covenants for the Development are attached hereto and
incorporated herein as Exhibit E.
Signed and executed by the parties hereto on this day of May, 2005.
ATTEST CITY OF ST JOSEPH
By By
City Administrator/Clerk Mayor
(SEAL)
DEVELOPER:
By
Rick Heid
Title
By
. Bob Herges
14
·
Title
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this _ day of May, 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
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS ) ·
On this day of May, 2005, before me, a notary public within and for said County, personally
appeared and , to me personally
known, the and , respectively of
the limited liability partnership named in the foregoing instrument, and that the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said
partnership and acknowledged said instrument to be the free act and deed of said partnership.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Thomas G. Jovanovich - 5284X
Susan M. Dege - 0290385
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, Minnesota 56302
Telephone: (320) 251-1055
15 ·
.
EXHIBIT A
LEGAL DESCRIPTION
.
. 16
.
EXHIBIT B
CONSTRUCTION DOCUMENT REQillREMENTS
(1) Soils Analysis
0 Location map showing boring and piezometer locations
0 Soil boring logs
0 R- Values or Soil Factors used for design
0 Structural recommendations for streets and trails
(2) Engineer's Preliminary Estimate and Final As-Built Costs
0 Itemized quantities
0 Unit prices
(3) Construction Plans
0 Title sheet with general location map and index
0 Typical Sections for streets, driveways, parking lots, trails, and landscape features
0 Typical Details for sanitary sewer, water main, stornl sewer, sedimentation and holding ponds,
curb gutter and sidewalk, and erosion control items
0 Complete schedule for sanitary and storm sewer structures .
0 Traffic Management Plan showing how construction traffic will be routed from the
collector/arterial network to the site, phasing plans, detours, and seasonal load restrictions
0 Grading and Surface Restoration Plan showing excavation/embankment balance, building pad
elevations, hold-downs, house types for each pad, spot elevations at lot comers, overflows, and
other critical areas, drainage arrows showing how all surface water is intended to drain, provisions
for private utility installation, and site access locations
0 Landscape Plan if shrubs, trees, or other plantings are to be provided
0 Erosion Control Plan
0 Striping, Signage, and Street Lighting Plan
0 Plan and profile sheets for streets and storm sewer, with match lines between sheets, including
temporary cul-de-sacs between phases, and any turninglbypass lane requirements of Steams
County.
0 Plan and profile sheets for sanitary sewer and water main, with match lines between sheets,
showing existing conditions and proposed construction, and showing stations for all stubs and
service connections
(4) Construction Specifications/Proj ect Manual
0 AdvertisementlInvitation for bids
0 Complete bid schedule
0 Basis of award if alternate bids are called for
0 Performance and payment bond forms approved by the City
17 .
.
EXHIBIT B (continued)
0 General Conditions
0 SpeciaVsupplementary provisions including the following:
· Contractor's liability insurance
· Related work at the site (private utilities, other contractors)
· Correction period (2-year warranty)
· Mediation as means for dispute resolution
· Substantial and final completion dates (allow for holding off on wear course)
· Ownership/disposition of excess excavation materials
· Field office
· Shop drawing and submittals process
· Laboratory testing requirements including an itemized list of tests to be conducted
· Soil borings
0 Storm Water Pollution Prevention Plan (SWPPP) including provisions for dewatering
. (5) Operation and Maintenance Manuals
0 Documents for all mechanical and electrical equipment
(6) Record Drawings
0 Final modifications to details and typical sections
0 Final location for all pipes, valves, manholes, catch basins and sewer/water services
0 Final modifications to pipe sizes and materials
0 Final elevations for all pipe and structure inverts
. 18
·
EXHIBIT C
CONSTRUCTION DOCUMENT SUBMITTAL
(1) Soils analysis
0 Two (2) bound copies submitted prior to design
(2) Engineer's Preliminary Estimate
0 Seven (7) copies with plans and specifications
(3) Construction Plans
0 Seven (7) reduced scale (11 "x1?") copies
0 Two large scale (22"x34") copies
(4) Construction Specifications/Project Manual
0 Seven (7) bound copies
(5) Completed Bid Forms
0 Two (2) copies of the actual low bid
0 Two (2) copies of a complete tabulation of all bids submitted
(6) Contractor's Bond and Insurance
0 Two (2) copies of the performance bond ·
0 Two (2) copies of the payment bond
0 Two (2) copies of the contractor's insurance certificate
0 Two copies of the executed agreement between contractor and developer
(7) Permits
0 Two (2) executed copies of all pem1its
0 Two (2) executed copies of all storm water permit transfers or modifications
0 Two (2) executed copies of all storm water permit subdivision registrations
0 Two (2) copies ofNPDES Transfer or Termination Form
(8) Schedule
0 Two (2) copies of contractor's schedule including updates
(9) Shop Drawings and Change Orders
0 Two (2) copies of shop drawings with final revisions
0 Two (2) executed copies of all change orders and/or supplemental agreements
(10) Operation and Maintenance Manuals
0 Two (2) sets of bound documents
(11) Record Drawings
19 ·
.
0 Two (2) reduced scale (11x17) copies
0 One (1) electronic copy in autocad or microstation format
(12) Final itemized, as-built, construction costs and quantities for street, stormwater, sanitary sewer and
watermain improvements.
.
. 20
.
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Developer (private) or City Developer's Engineer if private
Storm-Water Permit from MPCA. (public) project. project, City Engineer if public
project.
Establish erosion/sediment control Developer (private) or City Contractor
and mass grade the site. (public) proj ect.
Place topsoil, seed, mulch except on Developer (private) or City Contractor
boulevards and front yard utility (public) project. I
easements. Bring transformer pads to
grade. Wait for private utilities.
After curb and gutter is in, install Developer. Private Utility companies.
private utilities in easement area.
After utilities are in, construct Developer (private) or City Contractor
sidewalk. (public) project.
Place topsoil, seed, and mulch on Developer (private) or City Contractor
remaining disturbed areas. (pub lic) proj ect.. .
Complete "as-built" survey for all site Developer (private) or City Developer's Engineer if private
I
grading. This now becomes the (public) project. project, City Engineer if public
"Development Plan" project.
Place silt fence behind curb (or Developer (private) or City Contractor
sidewalk) throughout development. (public) project. ;
Set Property Irons. Developer Developer's Surveyor
Transfer permit to Developer when City City Engineer
construction is complete. I
Sell lot. Issue MPCA homeowner fact Developer Developer I
sheet, and make Development Plan I
and SWPPP available to Builder. i
Submit building permit application. Owner Builder I
I
Include site survey and MPCA i
"Subdivision Registration".
Issue building permit. City Building Inspector
Construct 24' wide opening in silt Owner Builder
fence at driveway and place rock
entrance. Place additional silt fence as
necessary to keep soil on lot.
21 .
.
Maintain silt fence and other Developer, or Owner if Developer, or Builder if sold.
erosion/sediment control items. sold.
Sweep streets as required. Developer Developer, or City if agreement
to back charge Developer.
Submit certified lot survey showing Builder Builder
final structures and lot elevations.
Issue Certifiacte of Occupancy. City City
Submit "Notice of Termination" to Developer Developer
MPCA within 30 days of final site
stabilization and removal of all non-
builder silt fence and other
erosion/sediment control items.
.
. 22
. I Attachment: Yes or No I
REQUEST FOR COUNCIL ACTION
Northland Heights
DATE: May 19,2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPRO V AL
AGENDA ITEM
Northland Heights, Road Acquisition
PREVIOUS ACTION
The Planning Commission considered the Preliminary Plat for Northland Heights on May 16, 2005. At
that hearing the Planning Commission concurred with staff that access from Northland Heights to CR 133
is in the best interest of public safety. The proposed housing development contains 154 single family
. homes, generating approximately 1600 trips per day. The intersection at Northland Drive cannot
accommodate the additional traffic and both the City and County Engineer have identified that access to
CR 133 is crucial. The Council Engineer has requested that the connection to CR 133 be constructed with
phase one. The City agrees the access is needed but would agree that the connection does not need to be
completed until one of the later phases.
The Developer has provided the City with infonnation illustrating that he has made several attempts to
purchase the needed ROWand the property owner is only willing to sell both parcels in their entirety.
The developer indicated that he looked at the parcels in question and cannot develop them in the manner
he is accustomed to and expressed an interest in only securing the needed ROW.
The ROW in question is part of the City transportation network, lining up with 15th Avenue NE. The
Planning Commission agreed that the Preliminary Plat as presented cannot be approved as it would have
inadequate access creating potential safety issues. Therefore they recommended and the staff concurred,
that the Council acquire the ROW through eminent domain if necessary. The developer will provide a
written agreement to pay for the costs of eminent domain
When the City initiated the eminent domain proceedings with CSB we used Lenzmeier Appraisal services
and were extremely satisfied. We would recommend the same finn. I have contacted them and they
would have time to complete this project. Without providing detail it is hard to receive an estimate but he
indicated it would not exceed $ 4,000.
.
RECOMMENDED COUNCIL ACTION .
Authorize the Mayor and Administrator to execute resolution 2005-14 and hire Lenzmeier Appraisal
Services to prepare the required appraisal.
.
.
Resolution 2005-14
. RESOLUTION AUTHORIZING EMINENT DOMAIN
15th Avenue NE
RECITALS:
WHEREAS, the Robert P Koeing owns a parcel of property consisting of 3.60 Acres of a part of
the west 60 rods of the east 120 rods of north 120 rods of the NW quarter lying NW of County Road 133,
as located within the City of St. Joseph ("Koenig's Property);
WHEREAS, the City has determined that there is a public need to acquire an 80 foot wide parcel
across a portion of the Koeing property for the purpose of providing access from a residential
development to CR 133 to the east;
WHEREAS, the City determined that the street is necessary because other streets accessing the
area are not designed to handle the volume and weight of traffic, and the increased traffic creates a
safety risk if the traffic is routed through the existing residential neighborhoods.
WHEREAS, the City has determined that there is a public need to acquire an 80 foot wide parcel
across the Koening Property for the purpose of locating utility lines and the construction 15th Avenue NE.
THEREFORE, IT IS HEREBY RESOLVED:
1. That Short Elliot Hendrickson is directed and authorized to proceed with the preparation
of a legal description for the parcel referenced above.
2. That the City Attorney is authorized to retain an appraiser to ascertain the value of the
. property subject to the taking. That the appraised value shall be reported to the Council and upon
Council's authorization, a written offer shall be presented to the owner of the property by the City to
acquire the property for the appraised value.
3. The Rajkowski Hansmeier Ltd. Is hereby authorized to commence eminent domain
proceedings to acquire the property generally described above, and as specifically described in the
description proposed by the City Engineer if the offer is not accepted within ten days.
Adopted this 19th day of May, 2005 by a vote of in favor and opposed.
Richard Carlbom, Mayor
ATTEST
Judy Weyrens, Administrator
.
.
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Steams County Page 1 of 1
COUNTY WEBSITE I PROPERTY SEARCH i FAQ's ¡GLOSSARY! PAYMENT TRACKER I SECURITY I PRIVACY STATEMEN
·
Parcel Number 31.20762.000 Payable Year: 2005
PROPERTY SERRCH Tax Roll Type: REAL ESTATE
FREQUENT QUESTIONS Property Address Jurisdiction: ST JOSEPH TWP
GLOSSRRY 00000- School District: ISD 0742 ST CLOU[
PRYMENT TRRCKER CiiIiiIiD
COUNTY WEBSITE
Identification Information
Primary Taxpayer/Owner
ROBERT P KOENIG
906 TERRY LN
SARTELL MN 56377-1826
CONr¡;¡CT STEARNS
COUNTV
Legal Description
3.60 A. PART OF W 60 RD OF E
120 RDS OF N 120 RDS OF NW4
LYING NW OF CO RD 133
Section: 11 Township: 124 Range: 029
·
Real Estate and Personal Property Taxes are determined using the previous year assl
Mobile Home Taxes are determined using the current year assessment value.
Property Classification: NON-HOMESTEAD RES 1-3 UNITS
Assessment Year 2004 Payable Year 200~
Est. Market Value - Land $40,000.00 Total Tax
Est. Market Value - Total $40,000.00 Special Assessments:
Taxable Market Total $19,800.00 Total Tax/Asmts.
,-,---_.~--
Paid To Date
Installments Due Date
Taxes/Assessments 1st Half 5/15/2005
Taxes/Assessments 2nd Half 10/15/2005
** Additional reductions in taxable value may apply due to special tax deferrals,
This Old House, Plat Laws, etc.
-- __'_'_'~_~_'____'_'.__"W"_"__'_~'__W_"___'__"____'...._..w..._..._...._._...
--
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·
https:/ /secure.co.steams.mn.us/RecapBil1.aspx?RollType=R&ParcelNumber=3120762000 ... 5/1712005
I Attachment: Yes or No I
·
REQUEST FOR PLANNING COl\1MISSION ACTION
Preliminary Plat - Rezoning
Northland Heights
DATE: Iliay 16, 2005
AGENDA ITEì'll
Northland Heights, Preliminary Plat - Rezoning Request
PREVIOUS ACTION
The Planning Conm1Ìssion considered the concept plan for Northland Heights in February 2005. At the
time of the concept plan discussion included the need for a second ingress/egress from the proposed
development. This discussion included that only the easement needs to be secured at this time and the
development of the road would occur at a later time. As of the time ofvi'1"Ìting this Request for Action the
access has not been acquired.
The Planning Conm1Ìssion also discussed the size of the lots on the concept plan and \vould allow 15% of
the lots to be undersized. Since that meeting the plat has been changed and includes a mix ofRl and R2. ·
The ne\v plat does not require any variances on lot size.
REC01'llMEl\TDED PLA..~Tl\TIN"G COMMISSION ACTION
COlvllvlEN'TS/RECOMMEl\TDA TIONS
Tne City Staff has revie\ved the proposed plat and concur that access to Northland Drive and CR 133
needs to be provided through dedication at the time of preliminary plat approva1. Lumber One will argue
that the already have numerous access points rrom the plat. However, they all collect to Northland Drive.
\^lhm \ve are talking about two access points we are looking for access to separate collector streets.
Based on the number of housing units in Northland Heights and standard traffic counts, Northland
Heights will generate over 1600 trips per day. The intersection of Northland Drive cannot accommodate
such traffic. The County Engineer has also concurred that two access points must be provided. In fact,
he would prefer the connection to CR 133 be completed in the first phase. The City has agreed that the
15th Avenue connection can be completed with the last phase.
In addition to using 15th Avenue as access to CR 133, utility services for the last phase must utilize an
ea"sement in the same area. Therefore, the easement is not only needed for road\vay purposes but for
utility extension. If the City does not have a guarantee that the easements will be available, the City is
platting property that cannot be serviced and approving a plat that some might consider with inadequate ·
access. It is for these reasons that the City staff is recommending the plat include dedicated access to CR
133.
· The memo from Lumber One discuss past practice of the City and we have allowed such in the past.
They are correct. The first experience that City had with this issue is Northland Drive. The City secured
the easement and had to agree to not assess the adjoining property owner. The City, through tax levy paid
for the construction of Northland Drive and the road was constnlbted after many complaints of inadequate
access.
The City-was faced with the same i~sue again with Callaway. The City approved the plat for Graceview
Estates and required access before the second phase could be constructed. Agreements could not be
reached immediately and the condemnation process began. The developer was required to pay for the
condemnation cost and a per acre fee for the construction of the road. Without having the access at the
time of platting, the process is delayed and the City is faced with making a decision contrary to the
Preliminary Plat terms. This issue has also arisen with Arcon Development. The City is requiring Arcon
to develop and carry the cost of constructing Jadè Road (providing additional ROW). The City is being
consistent with development and the access should be included with the preliminary plat.
·
·
CITY OF ST. JOSEPH
25 College Avenue North
PO Box 668 .
St..Joseph, MN 5~374
320·363-7201
DEVELOP:MENT REVIEW APPLICATION
\
\
. . Lumber One Development Company, \
. Owner: /
Applicant: T T.í' -- Sarno ,
. ,
i
Address: P.O. Bc-x 7 Address: ì
!
I .' ,
Avon, ~ 56310
Telephone (W): 320-356-7342 I Telephone (H):
I Conditional Use Permit I I Vacation of ROW/Easements
$300.00 I Variance I I Non-conforming Use Permit
I Planned Unit Development ¡ s 300.00 I Rezoning
I Sign I <t ') nnn nrh 1?r11""Y; Y'lDO"-; r¡.""'f Tì.-'~-:::""; 4-
$920.00 I Subdivision I' I ~ ;..
I TOTAL FEE S I S;'=ì ::;?n n~ Date fee received
, 2/28/0:>! Date appiication receiveå ! ! I
PETITIONER MUST PROVIDE THE FOLLOWING .
. .l\ list and mailing ìabs!s of all property owners within 350 fee! of the boundaries of the plOperty.
(This information must be obtained from the Stearns County Auditors Office)
" lv.;eniy-one fuii size folded copies of detail site plans.
.. Payment of all associated fees must be made in full when appiication is made.
. Copy of full legal description.
.. Narrative of project scope.
This application must be completed in full and be typewritten or clearly printed and must be accompanied
by all information and plans required by applicable City Ordinance provisions. Before filing this
application, you should confer with the Planning Department to determine the specific ordinance and
procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of the
appiication submittal. A written notice of application deficiencies shall be mailed to the applicant v¡ithin ten
business days of application.
This is to certify that I am making application for the described action by the City and that am responsible
for all City requirements with regard to this request. This appiication should be processed in m)' name and
. I am the party whom the City shouid contact regarding any matter pertaining to this application. I have
attached a copy of proof of ownership (either copy of Owneí's Du;:¡licate Certificate of Title, Abstract of
Title or purchese agreement), or I am the authorized person to make this appJication and the fee owner
hasa1so signed this application.
_~~I
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Signeture of Appiicant Date .
Same
S' . .- 0 Date
Ignature OT ree v~ner
Lumber One
P.O. Box 7, Avon, Minnesota 56310
Phone (320) 356-7342 FAX (320) 356-7631
MEMORAMDUM
To: St. Joseph Planning Commission
From: Ted Schmid
Chad A. Carlson
Date: 5/9105
RE: Northland Heights Transportation Accesses
Since our first concept plan presented to the Planning Commission late last year, we have
gone through six revisions to the preliminary plat. These changes have been based on
design issues, PUD vs. R-1 zoning district, variances, wetland protection and most
notably, access points to our develQpment. Since we are not able to go with a PUD
. development, we have decided to request a combination of the R-1 and R-2 zoning
districts, which doesn't require a variance(s) on the plat.
However, our plans have been held up due to one single issue, securing of a road
easement through Dr. Koenig's property for the future connection of 15th Avenue to
County Road #133. We are providing five transportation accesses with this development
and we are following the City's transportation plan. However, this far exceeds what the
City requires for access to residential develop~ents: Yet we are being delayed on an
access that would not be needed until our final phase is completed four to five years from
today. We completely understand the need for this connection at some point during our
development, but delaying the first phase of the development for this issue seems
excessive and unwarranted.
Over the past four weeks, Lumber One has been negotiating with Dr. Koenig to gain the
easement as requested/required by the City. There has been four documented
offers!counter offers to gain this easement with no resolution to date. We have sent
another offer to Dr. Koenig on May 6th and have yet to hear rrom them. Again, we are
just required to secure the easement, while Dr. Koenig is proposing that we must buy the
entire 26 acres owned by him. We feel that Lumber One is being held hostage on issue
that can be resolved in simple!: tems and in some manner in the future.
.
With that said, we are requesting that: .
1) The Planning Commission approves the preliminary plat as presented.
2) If negotiations fail with Dr. Koenig, the Planning Commission put a condition
on the Preliminary Plat that prior to approving the Final Plat for the last
phase of the development, this easement be secured and the road constructed.
Again, why should the first phase of this development be held up for access
that is not part the transportation system for the first phase?
3) The Planning Commission show us precedence that this has been required by
other developers in the community. 'What other developers have been
required to secure property and easements for a road system not immediately
needed? What were the terms if this was a requirement?
4) Inform Dr. Koenig formally of the City's intent to secure this easement in
some manner or form in the near future if our negotiations with Dr. Koenig
fail.
Again, Lumber One completely understands the need for this connection in the future and
we are providing the means for this to happen. Yet, the City is prepared to delay our
development, 85 new homes and families in the community, and added tax base on an
issue that can be resolved over the next four to five years and/or prior to approving the .
final phase of Northland Heights when the access is actually needed. We ask the
Planning Commission to have an open mind and consider options that secure the interests
of both parties. We believe there is a solution that will allow Lumber One to proceed
with Phase One of Northland Heights and secure the interests of the City. These issues
will be addressed that the Planning Commission on May 16th. Thank you.
-
.
. NORTHLAND HEIGHT PROJECT DESCRIPTION
.
Lumber One Development Company, LLC is proposing a rezoning AND preliminary plat
request for consideration by the St. Joseph Planning Commission on May 16,2005.
BACKGROUND
Lumber One Development Company, LLC' is proposing a preliminary plat for
approximately 74.87 acres immediately adjacent to and east of Northland Plat 6 and
Northland Plat 8. The preliminary plat proposes to develop 158 lots upon full build out.
As per the City's ordinance, we are providing for two access points from the west; the
extension of Iris Lane and Jasmine Lane. Based on discussions with City Staff and City
Engineer, Iris Lane will be constructed immediately and Jasmine Lane will be
constructed within the 3rd year after the final plat recording of Phase One, based on
traffic demands and safety. Lumber One Development Company, LLC and the
Rothfork's have an agreement that allows for the construction of Jasmine Lane to the east
3 years after the Final Plat is recorded.
There are three future access points to the property. Fifteenth A venue will be a
north/south collector connecting County Road 133 to a future east/west arterial currently
being studied by the community. In addition, an access has been provided to the east into
property owned by Dr. Robert Koenig for a future road system. Upon request by the City
. Engineer and City Staff, the proposed connection to County Road 133 rrom 15th A venue
was reviewed and a preliminary design showed that the road and grade are feasible for a
future connection. Depending on the potential for development to the south, we are
providing the framework for a future connection.
Lumber One Development Company, LLC is proposing a sidewalk system on the south
side of Iris Lane and the west side of 15th Avenue to provide for pedestrian traffic. In
addition, a trail from the west end of Hawthorn Loop will run through open space and
connect with the sidewalk on Iris Lane, again to accommodate pedestdan traffic. The
trail will be a combination of bituminous and woodchips that will be environmentally
fuendly and functional.
-
Due to the. unique nature of natural features, grading and wetland protection and
enhancement, we are proposing a curvilinear design with this development. In many
cases, promoting the concepts of "Coving". With the curvilinear streets, many house pads
will exceeded the front yard setbacks to enhance the appearance of front yards and ensure
site line confoTI11ity throughout the development.
.
Northland fIeighis Project Narrative Page 1
REZONING ·
The propeliy for the Northland Heights addition has been annexed to the community. In
order to move forward with the preliminary plat for residential development, Lumber
One Development Company, LLC is requesting that Block 3 be rezoned to the R-2
Zoning District and the remaining blocks to the R-l Zoning District.
Based on the preliminary plat, Lumber One Development Company, LLC is requesting
that Block 3 be rezoned to R-2. The request would allow Lumber One Development
Company to construct "T\",in Homes" on Lots 1 through 18. Again, Lumber One
Development Company is trying to appeal to buyer and price point that \-vill diversify the
neighborhood and provide different housing options for the community. Lots 19 through
30 \-vill be developed as single family homes within the requirements of the R-2 District.
By allowing this combination of zoning districts for Northland Heights, Lumber One
Development Company will NOT be requesting any variances for approval of this plat.
PRELIMINARY PLAT
Lumber One Development Company, LLC is requesting approval of the Northland
Heights Preliminary Plat based on the following:
a. The proposed development is consistent with the Comprehensive Land
Use Plan.
b. The proposed development IS consistent with the goals and ·
recommendation of the 2002 Comprehensive Plan's Housing Section by
creating life cycle housing variety and encouraging a range of property
values \vithin the housing stock ~s a means of diversifying the population
and sustaining the community. (Source: Chapter 5 of the 2002 St. Joseph
Comprehensive Plan)
c. Northland Heights is being developed \vith a design that maximizes land
use and allows for a variety oflot sizes. It also provides a street design that
minimizes the amount of road surface area, controls traffic speed,
eliminates the need for cul-de-sacs and avoids the typical grid-pattern
neighborhoods.
d. The design of Northland Heights eliminates the need to encroach on the
wetlands located in the middle of the property. The design creates the
opportunity for large/deep lots to be located next to the wetlands to avoid
any potential harm by providing large back yards and a 50-foot setback
that will act as a buffer to the wetlands.
e. The Northland Heights development creates varying lot sizes, which
promotes innovative design, architectural uniqueness, better building site-
lines and avoids a common approach to development. ·
Noïthland HeighTs PïOject iVarrmive Page 2
. f . Northland Heights will provide attractive lots throughout the development.
This will create an opportunity for executive style homes to be mixed with
. market rate homes as encouraged by the community.
g. Pedestrian walkways are also an important part of this development.
Sidewalks and a trail connection will connect areas of this neighborhood
and will provide opportunities to access Northland Park by foot versus a
vehicle.
Thank you for considering the proposed rezoning and preliminary plat for Northland
Heights. If you have any additional questions or concerns, please contact Chad Carlson,
Lumber One Development Company, LLC, at (320) 356-7342. He will be happy to
answer any question you may have between now and the Public Hearing on May 16,
2005. Thank you again.
.
,
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Northland Heights Project Narrative Page 3
CITY Of ST. JOSEPH
'w>¡!'w. cityofstjosep h .com
City of St. Joseph .
Public Hearing
The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday,
May 16, 2005 at 7: 15 PM in the St. Joseph City Hall. The purpose of the hearing is to consider
the Preliminary Plat entitled Northland Heights. The plat is located east of Northland Addition
and will contain 158 Single Family Dwellings. The hearing will also consider rezoning the
Administrator property described below a mix of R1 Single Family and R2 Two Family. The property is legally
Judy \Weyrens described as:
That part of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) Section 3; part of the Southeast
Mayor Quarter of the Southeast Quarter (SE 1/4 SE 1/4) Section 3; part of the Northeast Quarter of the Southeast
Quarter (NE 1/4 SE 1/4) Section 3; part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4)
Richard Cdrlbom Section 2; part of the Northwest Quarter Southwest Quarter (NW 1/4 SW 1/4) Section 2; all in Township 124
North, Range 29 West, Stearns County, Minnesota described as follows:
Beginning at the Southeast corner of Outlot B, NORTHLAND PLAT SIX, according to the recorded
Councilors plat thereof, Stearns County, Minnesota; thence North 00 degrees 00 minutes 00 seconds East, plat bearing,
AI Rassier along the east line of said Outlot B and the east line of Outlot A, said NORTHLAND PLAT SIX, 436.15 feet to
a corner of said Outlot A; thence North 90 degrees 00 minutes 00 seconds West, along a line of said Outlot A
Ross Rieke 330.64 feet to a corner of said Outlot A; thence North 00 degrees 00 minutes 00 seconds East, along a line 01
Renee Symanietz said Outlot A and the east line of NORTHLAND PLAT EIGHT, according to the recorded plat thereof, Stearns
County, Minnesota, a distance of 552.80 feet to the northeast comer of said NORTHLAND PLAT EIGHT;
Dale Wid thence North 89 degrees 24 minutes 30 seconds East along the south line of the North 10 acres of said
SW1/4 SE 1/4, Section 3, a distance of 641.26 feet to the west line of said SE 1/4 SE 1/4, Section 3; thence
North 00 degrees 33 minutes 04 seconds West along said west line 330.79 feet to the northwest corner of
said SE 1/4 SE 1/4, Section 3; thence North 00 degrees 30 minutes 43 seconds West along the west line of
said NE 1/4 SE 1/4, Section 3, a distance of 330.15 feet to the north line of the South 10 acres of said NE 1/4
SE 1/4; thence North 89 degrees 25 minutes 03 seconds East along said north line 1319.29 feet to the west
line of said NW 1/4 SW 1/4. Section 2; thence South 00 degrees 32 minutes 49 seconds East along said west
line 297.15 feet; thence North 88 degrees 59 minutes 11 seconds ::ast along a line parallel with the south line .
of said NW 1/4 SW 1/4, Section 2, a distance of 33.00 feet; thence South 00 degrees 32 minutes 49 seconds
East along a line parallel with the west line of said N\JV 1/4 S\I'.' 1/4, Section 2. a distance of 33.00 feet to the
north line of said SW 1/4 SW 1/4. Section 2: thence North 88 degrees 59 minutes 11 seconds East along the
north line of said SW 1/4 SW 1/4, Section 2, a distance of 594.02 feet; thence South 00 degrees 21 minutes
31 seconds East 24.75 feet; thence North 88 degrees 59 minutes 11 seconds East 33.00 feet to the east line
of the West 10 chains of said SIN 1/4 SW 1/4. Section 2: thence South 00 degrees 32 min:.Jtes 49 seconds
East along said east line 1299.72 feet to the south line of said SW 1/4 SW 1/4, Section 2; thence South 89
degrees í 3 minutes 48 seconds West along said south line 660.01 feet to the southwest corner of said SW
1/4 SW 1/4, Section 2; thence South 89 degrees 21 minutes 55 seconds West along the south line of said SE
1/4. Section 3, a distance of 1639.54 feet to the point of beginning.
The proposed plat has been submitted by Lumber One Avon, PO Box 7, Avon MN 56310.
/0;1 i rf'UTT I -.
Judy Weyrens C
Administrator I I I
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· SEH MEMORANDUM
TO: Judy Weyrens
City of St. Joseph, MN
FROM: Tyson Hajicek, PE
Proj ect Engineer
DATE: May 11, 2005
RE: St. Joseph Minnesota
2005 Northland Heights
Preliminary Plat Review
SEH No. A-STJOE 0503 14
Please find following the Preliminary Plat Review for Northland Heights:
1. Rename Kava Drive to 13th Avenue and 14th Avenue.
2. Hawthorn loop does not meet the requirements of a loop and should be revised to Hawthorn Lane
or Hawthorn Way.
3. Iris Lane, where it connects to Northland Plat Six, should have a minimum radius of 200 feet.
4. Project shall include the extension of 15th to County Road 133 as well as turn lanes on County
Road 133 as previously discussed. Approval of preliminary plat should be contingent upon
· securing roadway easement or written easement agreement as previously discussed. Connection
to County Road 133 and turn lanes to be reviewed and approved by Steams County Highway
Department.
5. Typical sections should be shown for all roadways, sidewalks and bituminous trails shown on
plans.
6. The wetland located on Outlot C appears to be encroaching onto Lots 1 - 3 of Block 1 and the
wetland located on Lots 1, 2 and 3 of Block 9. All wetlands should be shown on drainage
easement where they impact an individual lot.
7. Show sidewalk on the preliminary grading plan along Iris Lane and 15th A venue.
8. Consideration should be given to adding a bituminous walkway between Lots 8 and 9 and Lots 22
and 24 of Block 3 to provide access between the proposed Kava Drive and Jasmine Lane.
9. A bituminous walkway should be shown between Lots 7 and 8 and Lots 15 and 16 of Block 4 to
provide access between the proposed Jasmine Lane and Iris Lane.
10. A minimum 20 feet of easement dedicated Outlot is required on side/rear lot lines where public
utilities/walkways are to be located. Where utilities are greater than 10 feet deep, larger
easements are required:
o - 10 feet requires minimum 20 feet of easement
10 - 15 feet requires minimum 30 feet of easement
15 - 20 feet requires minimum 40 feet of easement
11. The housepads located on Lots 1-2 of Block 9 do not meet the requirements of the 50-foot
setback from the wetland as required by ordinance. It appears there is a mitigated portion of
wetland being placed around the existing wetland? A legend should be shown on plans to clarity
the intent of the shading.
12. Analysis should be done to check for soil contamination if there was underground or above
ground fuel stored for fann machinery.
· 13. Outlot A and Outlot B should show proposed platted lots (Ghost Plat).
Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717. SI. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax
Judy Weyrens, City of St. Joseph, MN
May 11,2005
Page 2
14. Outlots not to be dedicated to the City of St. Joseph that do now show drainage and utility ·
easement should have a 10 foot drainage and utility easement shown behind the right-of-way for
the extent of the Outlot.
15. Sanitary manhole 5 top of casting elevations are conflicting between profiles sho\'m on Kava
Drive and Jasmine Lane.
16. A minimum 10-foot easement is required on the rear lots of all lots that are on the perimeter of
the plat.
17. The vertical curve located on the proposed Kava Drive at approximately STA 40+ 1 0 and on 15th
Avenue at approximately STA 41+68 do not meet the minimum required vertical curve lengths.
18. The grading plan should incorporate a grading detail specific to each house style shown on the
plans.
19. The grading plan should shO\v an earthwork summary.
20. Front yard swales across driveways should be eliminated so as not to pond storm water in front
yards. Provide sideyard swales between twinhomes.
21. Storm sewer top of casting, invert, size and shop for catch basins, manhole and pipe annotations
should be included on the grading and drainage plan.
22. Storm sewer manholes should be placed where there are bends in the main line.
23. A 2-foot minimum emergency overflow to the lowest level is required for alllO\v areas drainage
to the rear of the lots for storms occurring at 1 a-year intervals or greater.
24. Additional stom1 se\'ler manholes located near storm sewer inlets located in the roadway should
be removed and pipe routed through one single manhole.
25. Provide storm sewer size and calculations for the storm sewer capacity during the la-year storm
event.
26. Has preliminary plat been submitted to the Sauk River Watershed District per the March 30, 2005 ·
engineering revic\v?
Jmw
c: Tracy Ekola, SEH
Joe Bettendorf, SEH
;.;:\s"stjGe'050300'~IT-'m-çity preiim phn review 051105.doc
·
.L
CITY Of ST. JOSEPH
www.cityofstjoseph.com
'. '-:;'''.''-"
March 23, 2005
Mr. Chad Carlson
Lumber One Avon VIA FACSIMILE
Administrator PO Box 7
Judy Weyrens Avon MN 56310
Mayor RE: Northland Heights Preliminary Plat Review
Richard Carlbom Dear Chad:
Councilors Weare in the process of reviewing the preliminary plat entitled Northland Heights. The
AI Rassier . comments received to date indicate that access to CR 133 will be required. While the access
Ross Rieke does not need to be constructed with the first phase, dedication of the right-of-way must be
Renee Sym~nietz provided with the Preliminary Plat. This dedication can be in the form of an easement that is
Dale Wick approved by th~ City Engineer and City Attomey.
Both the County Engineer and City Engineer have indicated the necessity for this road and
will require that the ROW be included with the Preliminary Plat. Further, the road will be
required to be constructed at the time 15th A venue is constructed and utilities are extended,
. Setting aside the road right-of-way, you would have been required to provide the pem1anent
easement for the utility extension that is illustrated on your plan. A portion of Northland
Heights is being served from the east with utilities.
As soon as you can provide the required easement/ROW dedication the PreliminalY Plat
hearing can be scheduled. If you have any questions or need additional infom1ation please
feel free to contact me at 320-363-7201.
Sincerely,
CITY OF ST JOSEPH
.~_'_-.".
¿1' Y' /(~.:~¿ yvŒ.ç:>tJ'
; Judy;Weyrens
Administrator
cc: Joe Bettendorf, City Engineer
Mitch Anderson, County Engineer
Tom Jovanovich, City Attomey
.
2) College Avenue North' PO Box b68 . Sòint. Joseph. Minnesotd 16174
Phone 12..0.O:;Ol_ì2.01 fò x I
')2.0.101·0'"{42.
~
~
SEH MEMORANDUM .
TO: Ms. Judy Weyrens
City of St. Joseph, Minnesota
FROM: Tracy L. Ekola, PE
Sr. Professional Engineer
DATE: J anuar-y 31, 2005
RE: St. Joseph, Minnesota
Northland Heights Concept Plan
Engineering Review and Comments
SEH No. A-STJOE 0501 14
The following are engineering review comments for the Northland Height's Concept Plan dated January
2005.
1. A mandatory EA W is required for 100 unattached units in sewered area. This plat data
indicates 167 lots.
2. The road extending north to the edge of Parcel D may not make sense for future plats. This
road may need to eventual1y connect with the North-South collector road (lsth Avenue)
shovm as part of Parcel C.
..., The ~orth-South neighborhood colkctor road \vith 80-foot right-of-way should extend to .
J.
""PAt 1 ,",Ii¡ ~ lç;;>. }.Qo ~1=' . r'R 1 ~ ~ 6." t;1 po "IP + ,'f thP rl''::1r>þ t 1 d ,,! p.,~ --. to 1 OU' ~l1è
H'~~"~ "\~nu~ ~~ at ~...~~. "~. ~gr~~n,~n, Vd n 'U~ a~J~~~n, .an o..n", a", 1... ~
\"hen the cOlmecti0l1 with CRì 33 will be constructed should be obtained by the developer.
The agreement should provide for consu-ucti011 of the connecting road to CR133 during the
Phase that would include the construction of the street (15(;1 Avenue) and abut1ing lots in
Parcel-Co
4. The topographical survey and preliminary grading plan for the preliminary plat shall include
the connection to CR133 at 15th Avenue Intersection.
<: A single access point into the development may be considered if the developer âblees to
..1.
construct a second access into the development "\vithin 3 years of substantial completion of
the first phase.
6. Sidewalk should be included on 15th Avenue (the N-S neighborhood collector road with 80-
foot right-of-way) and on Iris Lane (to provide a pedestrian access to NOlihland Park; the
City should also consider installing side\\'alk along the existing portion of Iris Lane in
Northland Six if parkland is not dedicated with this plat).
.
Short Elliott Hendrickson Inc., 1200 25th Avenue Scuth, P.O. Box 171i, St. Cloud, rv~N 56302-1717
S=H is an equal opDortunity employer 1 W\v\v.sehinc.com I 320.222.4300 I 80J.572.0617 I 320.229.4301 fax
Ms. Judy Weyrens
January 31, 2005
Page 2
. t
7. Block Lengths longer than 1300-feet are considered to be excessive in length. Blocks with
lengths greater than 800-feet should incorporate pedestrian ways or easements through the
block to allow better pedestrian traffic (i.e. see the block/loop on the north edge of the plan
and the block/loop on the southeastern edge of concept plan). Provide access (for pedestrian
purposes) between the southeastern looplblock and Iris Lane (across narrow wetland area).
This access can also be used as maintenance access to the storn1 water pond area (Parcel B).
Consider sidewalks on Jasmine Street or incorporate pedestrian ways in the north block/loop
to address the excessive block length issue.
8. Storm water ponds shall be designed according to the City's Comprehensive Storm Water
Plan. Residential Pond Design Standards are attached.
9. Parcel-A concept plan should be included as part of this concept plan approval.
10. The concept plan does not indicate how utilities will be extended to serve the. properties. This
shaH be reviewed with the City Engineer prior to preliminary plat submittal.
11. Wetland locations are not labeled/marked on the concept plan.
Jmw
Enclosures
c: Joe Bettendorf, SEH
. Dick Tauffen, City of S1. Joseph
àocumentS
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--
iage 1 01 1
Judy Weyrens
From: "Chad Carlson" <ccarlson@lumber-one.com>
To: "Judy Weyrens" <jweyrens@cityofstjoseph.com> .
Cc: "Ted Schmid" <tschmid@lumber-one.com>
Sent: Tuesday, May 03,20058:31 AM
Subject: RE: Northland Heights
Judy,
Based on the 6th revision, it is my understanding that we do not need a variance. With Block 3 of the plan being
rezoned to R-2 to accomodate the town homes and single family homes, we meet all the zoning requirements of
the city. So:
We are rezoning Block 3 to R-2 and the rest of the Plat to R-1 (we meet all the requirements)
We are request a preliminary plat.
So that should be it. I got an email for Tracy this morning on the proposed schedule. I'm sending a response and
we would like some suggestions on how to speed this up. Tracy as a construction date of August 15th. That
ensures we will not be done this year. I'm hoping to work with you and Tracy to find ways to get this done on a
faster track, assuming we get our approvals from the Planning Commission and City Council. Thanks.
Chad A. Carlson
Land Development Coordinator
Lumber One, Avon Inc.
P.O. Box 7
Avon, MN 56310
P (320) 356-7342
F (320) 356-7631
-..- .-----,--- -- ----.---....., --._.~---_._-,-------------,---_.-._---~.-~_.~--_..-,..-~-~- .- -- .
Früm: Judy Weÿrens [mailto:jweÿrens@citýoTstjoseph.com]
Sent: Tuesday, Via}' 03, 2005 8:21 AM
To: Chad Carlson
Subject: Northland Heights
Good Morning Chad -
I am working on the hearing notice for Northland Heights and need to know what you are applying for. At this
time I have the following:
1. Preliminary
2. Rezoning
Do you need any variances for anything? now is the time to do it. If we don't have it now, a second hearing will
be required and a second fee.
Judy Weyrens
City of St. Joseph
(320) 363-7201
-
---
5'11/2005
City of St. Joseph
Development Routing Form
Ie /\¡1tüÎch -
Site Plan Submitted (Date): 1, 2..00 &
. Developer: L-u \'Y\ he/' Dvv·€.....
Planning Commission (Date): Ä1D¡'~ \ \ \
(Anticipated agenda date) ,
Date Plan is Routed to
appropriate departments ¡v1 ('t¡t{J'l lip
Comments to be returned by: rJ¡ (lV'Lj/l 2-~
Project Type
/
V Preliminary Plat B I Development Industrial
Final Plat B2 Development R2 Development
PUD B3 Development R3 Development
Departments for which comments are requested:
/ \/ Public Works ./
V City Engineer Building Inspector
. / /
\/ City Attorney \/' Fire Chief EDA
Please review the attached development plans and submit written conm1ents by the date indicated above.
This form must be returned to the City Offices by the date stated above. If you do not have any concerns
please indicate so on the lines provided below.
-'? /J. r
:? - ~.;;) ~ ¿;J P
-
~
Extract of the February 7, 2005 Planning Commission Meeting
Northland Heights
Northland Heiahts - Conceot Plan: Weyrens stated that the City Staff has been working with Lumber One .
to develop a new housing development entitled Northland Heights. The proposed development will
consist of approximately 169 single-family homes. Originally the developer requested to utilize the PUD
process, but as the project does not include a mixed density, that process cannot be used. At this time
the Planning Commission is being requested to review the concept plan as not all the lots meet the
minimum lot requirements. The Planning Commission must determine if they will consider a variance for
the non~conforming lots and if so, how many lots would be allowed. Based on the submitted plan, 41
variances would be required. Weyrens stated that the purpose of a concept plan is to review the
general lot configuration, transportation network and compliance with the Comprehensive Plan.
Ted Schmid, COO of Lumber One, approached the Planning Commission. Schmid stated that Northland
Heights is a new project for Lumber One and they have tried to design a plat that includes a creative
layout. To accomplish this, the development includes curvilinear roads, varied house styles and use of
the varying topography.
City Engineer Tracy Ekola stated that she has reviewed the proposed development and presented the
following concerns:
· A mandatory EAW is required for 100 unattached units in a sewered area. This plat data
indicates 167 lots.
· The North-South neighborhood collector road must include a dedicated ROW of 80 feet and
must connect to CR 133 meeting 15th Avenue SE.
· A single access point in to the development may be considered if the developer agrees to
construct a second access within 3 years of substantial completion of the first phase.
· A sidewalk plan should be included with the preliminary plat. .
Lesnick questioned the Parkland Dedication requirement and if they are planning on donating land or
cash in iieu of land. Weyrens stated that this plan is going to go to the Park Board for review, but she
was of the understanding that the developer would provide cash in lieu of land. Northland Heights is in
the general vicinity of Northland Park negating the need for additional land.
Kalinowski clarified that they would need variances for the smaller lot sizes. Utsch stated that for a
variance to be granted must should be a hardship, which he does not see in this case. As a result, he
cannot support the variance request at this time. Utsch further stated that in the past, the Planning
Cûmmission allov,¡ed smaller lots vvith the intention of those housing being considered affordable housing.
Utsch questioned Schmid as to how many of the smaller lots in the last Northland Addition were sold as
affordable. Schmid stated that in Northland Plat 8, 5 lots were set aside as affordable. Three of the lots
abut an existing resident, who is requesting that those lots remain open space at this time. Two of the
five lots have sold and did meet the requirements of the Lifecycle Housing initiative. Schmid stated that
his experience in St. Joseph indicates a high demand for houses in the price range of $ 135,000 to $
140,000. While he did sell one house for $ 123,000 the property owner finished the basement, raising the
value of the home to $ 179,000.
In reviewing real estate transactions for St. Joseph, he noticed that homes built in Northland on smaller
lots are re-selling at a rapid pace. To him this indicates that people are looking for smaller lots with less
maintenance requirements. Schmid stated that if the City allows the narrow lots, Lumber One will
participate in the Affordable Housing Program. Loso questioned Schmid on the difference in lot prices
based on the narrower lot sizes. Schmid responded that it is about 810,000 difference in price for a
smaller lot.
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~
Extract of the February 7, 2005 Planning Commission Meeting
Northland Heights
With regard to connecting the internal network system to 15th Avenue SE, Schmid stated that he cannot
. guarantee access. Access cannot be guaranteed as he does not own the property and does not feel he
is required to provide the connection. He stated it is his understanding that he is responsible for assuring l
that the connection can happen at some point in the future when the abutting property develops. Schmid
stated that he has provided for five different ingress/egress and does not feel obfigé?ted to provide a
complete connection.
Utsch stated that he cannot support the granting of 41 variances at this time, as he does not see the
hardship and the developer has the ability to design a plat with standard lots. Utsch also reminded
Schmid that the City has changed the sideyard setback requirements and both side yards require 'a 10
foot setback. Loso questioned whether or not they have explored the possibility of creating senior
housing in this development. Schmid replied that they have not looked into such as he does not feel the
location is a good place for senior housing.
Graeve questioned Weyrens as to whether or not the City is meeting the intent of the affordable housing
agreement. Weyrens stated that in reviewing the real estate transfers for 2004 St. Joseph is providing
affordable housing. While buyers may not be utilizing the financing mechanism for Affordable Housing,
the selling prices are in the affordable range.
Schmid stated that they have been working with a non-profit organization, which has helped people
finance homes În the Northland area. The biggest problem for first time homebuyers is the down
payment. Utsch stated that it appears as though the City allows for lot variances with the intent that the
lots be placed in the Affordable Housing Program. After the variances are granted it appears as though
the lots are sold with conventional financing, defeating the purpose of the program.
Schmid stated that he has fulfilled his commitment in past developments and will continue to do so.
Utsch stated that without the homes being financed through the Affordable Housing program, the housing
does not stay in the program, reducing the amount of affordable housing in St. Joseph, Graeve stated
- that in his opinion affordable housing should remain affordable and that includes the re-sale of the same.
-- Rassier stated that he has concern with the amount of wetiand in the pïOject area, the need to provide
more than one ingress/egress, and the number of small lots. He too agrees with Utsch and stated that
the developer needs to reduce the number of undersized lots.
Loso questioned whether or not the smaller lots could be mixed in with the larger lots providing for a mix
of homes. Schmid stated that in his opinion it is better to keep them all in a row rather than mixed in so
that there isn't a lower value home in the middle of row of higher value homes.
The Planning Commission requested that the concept plan be revised limiting the number of undersized
lots to 15% of the total development. The developer would be required to complete the variance process
before a final determination is made.
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· . .'
· I Attachment: Yes or No I
REQUEST FOR COUNCIL ACTION
Arcon Development - Final Approval
DATE: May 19,2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Arcon Development - Final Plat, Development Agreement, Memorandum of Understanding
PREVIOUS ACTION
· RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the Final Plat, Development Agreement and
Memorandum of Understanding for River's Bend.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
In your packet is the fmal version of the Memorandum of Understanding and Development Agreement.
Rick Packer has agreed to the terms of the agreement with the exception of the those listed below:
MEMORANDUM OF UNDERSTANDING (MOD)
1. # 4 Public Land Dedication - on the bottom of page 2 a boxed area indicates the section
that Rick is requesting relief. The MOU requires that the sewer and water be extended to
the Park Property, which results in 140 feet of 6" water/sewer pipes. Rick has agreed to
stub water and sewer service for the park, but wants his contribution to end at the street.
· The City is requiring the pipe to be extended down the property line to the actual Park
Property. Had the park abutted the street the utilities would be extended behind the curb
line. It is the City's intent that the water and sewer lines be installed when the street is
constructed. Packer's argument is that the City wanted lots abutting the Park and he
should not be required to extend the service line because of such. It is his estimate that ·
the additional 140 feet will cost approximately $ 10,000. Packer requests that the City
utilize trunk or park fees to extend the lines. This provision is not related to an Ordinance
and the City Council has discretion.
2. #19 Attorney Fees (Page 5) - Rick does not want to pay the City Attorney Fees ifhe is
the prevailing party in litigation. This provision is included ITom the City's stand point to
discourage litigation and the language in this agreement is consistent will ALL the
agreements executed by the City.
DEVELOPMENT AGREEMENT
1. 7.1 Attorney Fees (Page 7) - Same as above
2. 7.4 Binding Effect on Parties - Sue is working on language to revise. She will report at
the meeting if needed.
As stated above, Sue Dege will be at the Council meeting to answer and questions you may have. I
would like to let the Council know that Sue and Tracy did an outstanding job at getting the documents
together and resolving any outstanding issues.
·
·
.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into this _ day of May, 2005, by and
. between the City of St. Joseph, a Minnesota municipal corporation (hereinafter the "City"), and Arcon
Development, Inc., a Minnesota corporation (hereinafter "Arcon").
Recitals:
1. Arcon is the Owner of certain Real Property which is legally described on
Exhibit A, (hereinafter called the "Property" or "Development" or
"Development Property") attached hereto and made a part hereof;
2. Arcon has submitted a preliminary plat and PUD application for the entire
property entitled River's Bend PUD, which has been approved by the City;
3. Arcon intends to develop the Property in approximately 10 phases; and
4. The City and Arcon desire to memorialize all of the understandings between
the parties regarding the Development, and the terms which will apply to all
phases of the Development of the Property.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1. Phases. The Property shall be developed in the sequence shown on the phasing plan attached
. hereto as Exhibit B, and the lot density and size will be in accordance with that shown on the
1
preliminary plat attached hereto as Exhibit C. Arcon must obtain prior approval from the City
for substantial deviations from the phasing plan. City approval shall not be umeasonably .
withheld. For seven (7) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan or official land use controls shall affect the use, development density, lot
size, lot layout, or dedications of the development which is a part of this Agreement unless
required by State for Federal law or agreed to in writing by the City and the Developer. This
provision does not apply to SAC and WAC, Trunk Charges, Stormwater Development Fees or
other improvement fees. The City may extend the exemption period for an additional five (5)
years and such extension shall not be umeasonably denied. Thereafter, notwithstanding
anything in this Agreement to the contrary, to the full extent permitted by State and Federal
law, the City may require compliance with any amendments to the City's Comprehensive
Plan, official controls and platting or dedication requirements enacted after the date of this
Agreement.
2. Platting. Arcon must include all of the Development Property in the final plat of the first
phase of the development, with future phases of the development platted as Outlots. The
final plat must be recorded prior to the City or Arcon initiating the installation of site grading
and Municipal Improvements on the Development Property.
3. Turn Lanes. Turn lanes from County Road 121 serving the Development shall be constructed
when deemed necessary by the City and/or Steams County Highway Department. Arcon shall
provide a letter of credit in an amount acceptable to the City to secure construction of the turn
lanes upon execution of the developer agreement for each particular phase in which a turn lane
shall be constructed.. .
4. Public Land Dedication. Arcon shall dedicate 44 acres ofland (exclusive of wetlands) within
the Development to the City. The dedicated land is identified on the final plat as Outlot D
("Neighborhood Park") and Outlot N ("Sauk River Park"). The park property shall be deeded
to the City by Warranty Deed at the time the Park Board determines to develop the Outlots as
parks. Deeding of the property shall not relieve Arcon of its obligation to develop the parks in
accordance with this agreement. The City shall grant to Arcon a license to enter the park
property for the purpose of constructing utilities and grading in accordance with the plans
approved by the City. Arcon shall agree to indemnify and defend the City against any and all
claims for personal injury or property damage arising from Arcon's activities in the park
property. Arcon shall grade the park property in accordance with the final grading plans
approved by the City. Arcon will complete access to and final site grading for the
Neighborhood Park during Phase 3 construction or by September 30, 2008, whichever occurs
first. Arcon will provide the Park Board with a plan for this park prior to commencing
improvements on Phase 3. In the Sauk River Park, Arcon agrees to construct a temporary
gravel parking lot adjacent to Neary Street in conjunction with the construction of Neary
Street. Grading for the canoe access road and temporary parking lot shall be completed no
later than July 31, 2007. Upon completion of grading of the canoe access road and temporary
parking lot, Arcon shall grant the City a public easement for ingress and egress and use of the
temporary parking lot. Grading for the remainder of the Sauk River Park, with the exception
of the stormwater pond, shall be completed no later than July 31, 2009. [Arcon agrees to!
2 .
. ¡extend a 6- inch sewer and 6-inch water stub 140 feet beyond the right of way line of Sulliva~
Lane in the vicinity of Quinlan Street, the exact location of which shall be determined by the
City, at such time as permanent streets are installed to that phase. Arcon agrees to provide a
paved entrance road with a minimum width of twenty four feet with curb and gutter and a
paved parking lot (with perimeter curb and gutter) at a location and size to be determined by
the City. The City shall be responsible for all other construction within the Sauk River Park.
No additional dedication will be required for the townhouse units to be developed north of
County Road 121.
5. Grading and Stormwater Plans. Arcon and the City agree that temporary stormwater control
measures will be in place during the phased development. At no time shall runoff exceed pre
development rates. Any changes to the preliminary grading plan, the housing types proposed
on the preliminary plat, or the Stormwater Management Plan shall be reviewed and approved
by the City Engineer, who may impose such alternative or additional conditions as deemed
necessary. All permanent stormwater ponds shall have a paved access of 10 feet in width,
which access shall be dedicated to the City.
6. Jade Road/12th Avenue. Jade Road will be constructed in three phases or less as a public
improvement project, funded by special assessments against the Development. This
improvement shall include sanitary sewer, watermain, storm sewer, and trails in accordance
with the development plans approved by the City Engineer. Arcon agrees to waive its rights to
a Public Improvement Hearing and the Assessment Hearing normally held in accordance with
. Minnesota Statutes Chapter 429. Arcon may withdraw its petition for the improvements upon
review of the proposed final assessment roll and prior to the letting of contracts on the
improvement. The City will use its best efforts to collect the cost of this improvement from
properties which have not been specifically assessed in proportion to the benefit realized by
such unassessed properties. Arcon will be reimbursed all such funds up to the amount òf
benefit to the properties included in Arcon's assessment which are collected by the City, less
any administrative expenses the City incurs. The improvement of Jade Road north of County
Road 121 shall be simultaneous with the development of the property adjacent thereto. This
shall occur in no more than two phases. The construction of the Jade Road trail shall coincide
with the construction of Jade Road.
7. Low Water Pressure. Property within the Development may be subject to low water pressure.
The preliminary plat identifies the proposed home elevations on the preliminary grading plans.
Elevations greater than or equal to 1130 feet may be subject to low water pressure and may be
subject to an additional trunk fee for a water booster station.
8. Erosion Contro1.Responsibility for erosion control measures shall be in accordance with
Exhibit D attached hereto and incorporated herein.
9. Trails. Trails shall be constructed by Arcon in accordance with the Trail plan attached hereto
as Exhibit E. Trials within the Development shall connect with existing trails and sidewalks,
including installation of a trail along College Avenue to Iverson constructed at Arcon's cost.
Arcon shall warranty all sidewalk and trails for a period of two years from the date of
. 3
acceptance of the improvement. The City will construct the trails located within the Park
properties. .
10. Lighting. Arcon shall be responsible for the cost and installation of street lighting. Lighting
specifications for the County Road 121 trail are attached hereto as Exhibit F. The lighting on
County Road 121 may be spaced at 175'intervals. Arcon's responsibility includes internal
street lighting, County Road 121 trail lighting, County Road 121 intersection lighting at all
intersections and Jade Road intersection lighting. Arcon shall commission a lighting plan
prepared by Steams Electric to be approved by the City. Stearns County shall approve the
lighting to be installed along County Road 121. All lighting shall be capable of being serviced
by Steams Electric.
1l. County Road 121 Services. At Arcon's cost, Arcon shall provide water and sewer services to
the property line of existing homes located along County Road 121 adj acent to the
Development.
12. Utility Location. Arcon agrees that all utilities within the Development will be installed
underground, including without limitations electrical, telephone, cable television and natural
gas. Arcon may receive an exemption from this requirement if Arcon demonstrates to the
City Engineer that underground utilities would not be physically possible. Any exemption
shall be limited to the minimal area necessary.
13. Street Signage and Wetland Designation Signage. Arcon shall be responsible for the cost of
purchase and installation of street signs and wetland designation signs which comply with .
City specifications. Street names within the Development have been reviewed and approved
by the City. Arcon shall submit a street sign plan \vith each phase.
14. AUAR Compliance. Arcon shall comply with the requirements of the [mal AUAR dated June
21,2004, a summary of which are attached hereto as Exhibit G and incorporated herein.
15. Damages in Clean-up. Arcon shall immediately repair any damages to County Road 121 due to
the construction of improvements within the Development and shall be responsible for promptly
removing any soil, earth or debris.
16. Reimbursement of City's Costs. Arcon shall reimburse the City for all costs, including all
reasonable engineering, legal, planning and administrative expenses, incurred by the City in
connection with all matters relating to the negotiation, administration and enforcement of this
Agreement and its performance by Arcon.
17. Incorporation of Documents by Reference. All approved general and special conditions,
plans, proposals, specifications furnished to the City by Arcon with the preliminary plat shall
be and hereby are made a part of this Agreement by reference as if fully set out herein in full.
18. Default and Remedies. If Arcon fails in any way to perform or observe any covenant, condition,
or obligation contained in this Agreement the City may do any, all or any combination of the
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. following: (i) halt all further approvals regarding platting, improvements or issuance of building
permits or occupancy permits relating to the Development Property, (ii) seek injunctive relief,
(iii) terminate this Agreement and all of the obligations contained herein without terminating
Arcon's obligation to reimburse the City for costs it has incurred with regard to this Agreement
or the Development Property; (iv) draw on or utilize any funds or other security which have been
provided to the City pursuant to this Agreement; and/or (v) take any other action at law or in
equity which may be available to the City.
19. Attornev Fees. In the event that the City is the prevailing party in any legal action brought
against Arcon to enforce the terms of this Agreement, including but not limited to bringing
suit for damages or seeking an injunctive relief, Arcon agrees to pay the City reasonable
attorney's fees. The City shall be deemed to be the prevailing party if such action is resolved
by mediation after such action is filed with the court.
20. 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. 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 Arcon.
21. Integration. This Agreement contains all of the understandings and agreements between the
. parties. This Agreement may not be amended, changed, or modified without the express, written
consent of the parties hereto.
22. Execution in Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
23. Governed bv Minnesota Law. This Agreement shall be interpreted under the laws ofthe State of
Minnesota.
24. Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement.
Arcon is hereby advised to seek independent legal advice prior to execution of this Agreement.
The parties have entered into this Memorandum of Understanding as of the date first written above.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, City Administrator/Clerk
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ARCON DEVELOPMENT, INC. .
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2005, by Richard
Carlbom and Judy Weyrens, the Mayor and City Administrator/Clerk respectively, of the City of St.
Josepsh, a Minnesota municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL (OR
OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER
OFFICIAL
STATE OF Mll\TNESOTA ) .
) ss,
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2005, by
, the of Areon Development, Inc., a
Minnesota corporation on behalf of said corporation.
NOTARIAL STAMP OR SEAL (OR
OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER
OFFICIAL
THIS INSTRUMENT WAS DRAFTED BY:
Susan M. Dege - 0290385
Rajkowski Hansmeier Ltd.
11 Seventh A venue North
P.O. Box 1433
St. Cloud, Minnesota 56302
Telephone: (320) 251-1055
6 .
EXHIBIT A
. LEGAL DESCRIPTION
The Southeast Quarter of the Southwest Quarter, the Southwest Quarter of the Southeast Quarter, and
the Southeast Quarter of the Southeast Quarter of Section 15, Township 124 North, Range 29 West, less
and except the South 33 feet of said Southeast Quarter of the Southeast Quarter lying east of Stearns
County Road 121, and also less and except the North 208.71 feet of the South 241.71 feet of the East
521.77 of said Southeast Quarter of the Southeast Quarter. Except
That part of the Southwest Quarter of the Southeast Quarter of Section 15, Township 124, Range 29,
Steams County, Minnesota described as follows:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North
88 degrees 41 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter
of the Southeast Quarter, a distance of359.39 feet; thence North 01 degrees 18 minutes 43 seconds West
a distance of 107.97 feet to the point of beginning ofthe tract to be described; thence South 57 degrees
26 minutes 06 seconds East a distance of146.51 feet; thence North 33 degrees 06 minutes 17 seconds
East a distance of341.51 feet to the southerly right of way of Steams County Highway No. 121; thence
northwesterly, along said right of way to the intersection with a line bearing North 27 degrees 20
minutes 32 seconds East from the point of beginning; thence South 27 degrees 20 minutes 32 seconds
West, along said line, a distance of281.94 feet to the point of beginning. AND
The Northwest Quarter of the Northwest Quarter of Section 22, Township 124 North, Range 29 West
. less and except that part of said Northwest Quarter of the Northwest Quarter that lies southwesterly of
Interstate No. 94, said highway being more particularly identified as Parcel 34, STATE HIGHWAY
RIGHT OF WAY PLAT No. 73-20, according to the plat thereof, on file and of record in the Office of
the County Recorder, Steams County, Minnesota. Less and except Parcel 34, said STATE HIGHWAY
RIGHT OF WAY PLAT No. 73-20. AND
The Northeast Quarter of the Northwest Quarter and the Northwest Quarter ofthe Northeast Quarter of
Section 22, Township 124 North, Range 29 West less and except that part described as follows:
Beginning at the southeast comer of said Northeast Quarter of the Northwest Quarter; thence South 89
degrees 52 minutes 50 seconds West, assumed bearing, along the south line of said Northeast Quarter of
the Northwest Quarter,
144.45 feet; thence North 00 degrees 27 minutes 22 seconds East, parallel with the east line of said
Northeast Quarter of the Northwest Quarter, 486.29 feet; thence South 83 degrees 35 minutes 51 seconds
East 1055.93 feet to the centerline of a township road; thence South 08 degrees 36 minutes 49 seconds
West, along said centerline, 364.67 feet to the south line of the said Northwest Quarter of the Northeast
Quarter; thence South 89 degrees 29 minutes 10 seconds West along last mentioned south line, 854.19
feet to the point of beginning. AND
That part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 124 North, Range
29 West lying northeasterly of the northeasterly right of way line of Interstate Highway No. 94 as
delineated on STATE HIGHWAY RIGHT OF WAY PLAT No. 73-20, a duly recorded plat on file and of
record in Office of the County Recorder, Steams County, Minnesota.
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EXHIBIT C
. PRELIMINARY PLAT
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· EXHIBIT E
TRAIL PLAN
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. EXHIBIT G
FINAL ARCON ST JOSEPH AUAR
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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:
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'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
vVHEREAS, 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 of a 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 form acceptable as required
by the various provisions of this Agreement, and record the plat with the County Recorder within 30 days after
the City Council approves the plat.
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2.0 RIGHT TO PROCEED
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- The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water
lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have
been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City
Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement have
been recorded with the Stearns County Recorder's office; (4) the City has issued a letter that all conditions
have been satisfied and that the Developer may proceed.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS
3.1 Improvements. The Developer agrees to construct those improvements itemized below,
(hereinafter known as the "Improvements"):
Check all that apply:
x Site Grading -.L Bituminous Streets
-.L Water Main -.L Street Signs
-.L Storm Sewer -.L Regulatory and Warning Signs
x Holding Ponds -.L Turning and Bypass Lanes
-.L Concrete Curb & Gutter -.L On-site Wetland Mitigation
x Sanitary Sewer x Erosion Control
- -.L Sidewalks -.L 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 Improvements
entirely at its expense, and to complete said improvements by June 30, 2006, except for final
wear course which shall be completed by September 15, 2007. The construction documents
shall establish completion dates at or before the dates shown above.
3.3 Engineering Services. The Developer will retain an engineer satisfactory to the City to
prepare complete construction Plans and Specifications for The Improvements. The
Developer shall make his engineer aware of the provisions in this Agreement. The
Developer's engineer shall:
(a) Arrange for soil borings in accordance with Exhibit B and/or such other subsurface
investigations as the City may require.
(b) Prepare construction plans, specifications, and estimate in accordance with Exhibit
B.
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(c) Secure all necessary permits including those required by the Minnesota Pollution
Control Agency, the Minnesota Department of Health, the Department of Natural
Resources, Steams County, or any other regulatory agency that has jurisdiction.
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(d) Submit items one (1) through eight (8) on Exhibit "c" prior to beginning any -
construction in the development.
(e) Complete an Environmental Assessment Phase I, if necessary, and any other related
environmental documents, reports, or studies as may reasonably be required by the
City.
(f) Provide all necessary construction staking and related survey work.
(g) Provide construction administrative services on behalf of the Developer, including
the following: review shop drawings, coordinate construction staking, monitor
permit requirements, monitor site grading and erosion control work designated as
developer's responsibility in Exhibit "D", process applications for payment, prepare
change orders, monitor completion dates, coordinate field issues with Contractor and
Developer, coordinate issues for conformance of work to plans and specifications,
participate in final inspection. Prepare operation and maintenance manuals in
accordance with Exhibit "B". Submit items nine (9) and ten (10) on Exhibit "c" in a
timely manner during construction.
(h) Prepare record drawings. Submit item eleven (11) on Exhibit "c" to the City
Engineer within 30 days of receiving field measurements from the City's on-site -
representative.
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(i) Prepare and submit such other documentation as the City may require.
3.4 The City Engineer shall:
(a) Provide such City proj ect standards, including special details, insurance requirements
and specifications, as the City may require.
(b) Review and approve Plans and Specifications.
(c) Provide a City Representative for resident construction observation of proposed
public utilities and public streets throughout the construction period.
(d) Provide field information to the Developer for use in preparing record drawings.
(e) Conduct a final inspection and review final construction documentation.
(f) Conduct location survey to develop Geographical Information Services (GIS)
coordinates for all manholes, valves, catch basins, and sewer/water services.
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(g) Recommend Acceptance of Improvements to the City.
. 3.5 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering
Services, consultant services, City Attorney services, and City Administrator costs and shall,
upon execution of this Agreement, place in escrow with the City cash or irrevocable letter of
credit in the amount of$25,000.00, which shall be applied to the payment of the cost of said
services. The City anticipates the consulting services shall exceed $50,000.00. Should the
above amount exceed the cost to the City, the City shall return to the Developer all unused
funds, including accumulated interest. Should the expense to the City exceed the above
amount, the City will notify the Developer of additional amounts to be paid into the escrow
account. The Developer shall fund the escrow account in the amount requested by the City
within 15 days after notice. No building permits shall be issued until the escrow account is
funded as requested by the City.
The Developer shall pay a reasonable fee for in-house administration of the development by
the City staff and the City's consulting professionals to include but not be limited to
engineers, planners and attorneys. City administration will include monitoring of
construction observation, consultation with Developer and his engineer on the status of or
problems regarding the project, coordination for final inspection and acceptance, project
monitoring during the warranty period, and processing of requests of reduction in security.
The Developer shall pay for construction monitoring performed by the City's consulting
professionals at their customary hourly rates. Construction monitoring shall include part- or
full-time inspection of proposed public utilities and street construction by the City Engineer.
. 3.6 City as Third Party Beneficiary. The City shall not have any direct contractual relationship
with the Contractor, but shall be considered a third party beneficiary to the contract entered
between the Developer and the Contractor. The City shall not be liable to the Contractor for
the Developer's breach of a duty to the Contractor.
3.7 Easements. The Developer shall make available to the City, at no cost to the City, all
permanent and temporary easements necessary for installation and maintenance of The
Improvements.
3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability and
Broad Form Property Damage Insurance including contractual coverage in the amount of at
least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurance
certificate shall be in a form approved by the City, and shall be delivered to the City at least
three days prior to the commencement of any work on the Improvements. Such insurance
shall remain in full force and effect through the end of the warranty period described in
Section 3.12.
The Developer shall cause each person with whom Developer contracts for the construction
and installation of any Improvements to provide evidence of insurance. Said coverage shall
include Contractor's General Liability, Owner/Engineer Protective Liability, Automobile
- Liability, Contractual Liability, and Worker's Compensation coverage. The Developer or
each person with whom the Developer contracts shall obtain excess or umbrella liability
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coverage of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. The City and the
City Engineer shall be named as an additional insured on such policy by endorsement.
The Developer shall provide builder's risk insurance if there are any structures to be .
constructed as part of the development (lift stations, pump houses, etc.). All insurance
coverage shall be provided in accordance with City specifications.
3.9 Performance Security. Prior to the actual construction of the Improvements pledged to be
constructed by the Developer, then in that event, the Developer shall post with the City a
bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the
estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such
improvements, conditioned upon the faithful construction ofthe improvements according to
the Plans and Specifications, and final approval of the City Engineer, and the terms 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 determined 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 improvements. If the
construction contracts are under the control of one Prime Contractor, the Prime Contractor
may provide the performance security required by this section.
3.10 Labor and Materialman's Bond. Upon execution ofthis Agreement, the Developer shall also
provide the City with a labor and materialman's bond, guaranteeing the payment of all
workmen performing labor or services, and all supplies or materialmen providing materials
for the Improvements. This bond shall not be released until the Developer has provided the
City Engineer with proof of payment of all laborers and materialmen in the form of release, .
signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor,
and all construction contracts are under control ofthe Prime Contractor, the Prime Contractor
may provide the laborer and materialmen bond required by this section as long as the Prime
Contractor agrees to waive any lien rights for the labor and/or material provided by the Prime
Contractor .
3.11 Warranty Bond. The Developer shall fully and faithfully comply with all the terms of any
and all Contracts entered into by the Developer for the installation and construction of all
The Improvements and hereby warrants and guarantees the workmanship and materials for a
period of two years following the City's final acceptance ofthe Improvements. In addition to
the Security required by Section 3.10 herein, the Developer hereby warrants and shall post a
warranty bond, warranting the condition of the materials and workmanship of the
improvements for a period of two years following the City's final acceptance of the
Improvements. If any claims are made in writing within the warranty period, the bond shall
not be released until such claims are resolved.
3.12 Completion Date and Inspection. The work the Developer is to perform under this
Agreement must be done and performed by Developer in a good and workmanlike 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
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Engineer, as defective or unsuitable, then such rejected material or labor shall be removed
and replaced with approved material or labor, to the satisfaction and approval of the City,
. entirely at the cost and expense ofthe Developer.
3.13 Damage to City Infrastructure. Developer shall promptly repair, at the Developer's expense,
any damage to the City's existing infrastructure. Repairs shall be to original condition or
better.
4.0 FUTURE IMPROVEMENTS
4.1 Future Improvements. The Developer and City hereby acknowledge that certain
improvements, not included as the Improvements outlined herein, will have to be constructed
at some future date to complete service to the Development. These improvements, known as
"future improvements" include the following:
Check all that apply:
- Sanitary Sewer -1L Permanent Holding Ponds
- Water Main Lift Station
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-1L Storm Sewer
4.2 Developer's Consent to Petition. If a petition to construct any or all of the above future
improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 429, 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 Development
remaining under his ownership or otherwise under his control, the Developer being deemed
to have waived his right of notice of hearing upon the necessity or feasibility of the
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 against
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 ofthe above future improvements, determines that construction of certain
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 for
purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signature
shall apply to all affected properties within the Development remaining under the
Developer's ownership or otherwise under his control, the Developer being deemed to have
waived his right of notice of hearing upon the necessity or feasibility of the 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 against property still owned
by Developer.
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5.0 PHASED DEVELOPMENT
If the development and improvements which are the subject of this Agreement are a portion ofamulti-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 not proceed
until Development Agreements for such phases are approved by the City.
6.0 CHANGES IN OFFICIAL LAND USE CONTROLS
For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or
official land use controls shall affect the use, development density, lot size, lot layout, or dedications of the
development which is a part of this Agreement unless required by State for Federal law or agreed to in \\Titing
by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the
full extent permitted by State and Federal law, the City may require compliance with any amendments to the
City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of
this Agreement.
7.0 GENERAL TERMS AND CONDITIONS
7.1 Attorney Fees. In the event that the City is the prevailing party in any legal action brought I
against Developer to enforce the terms of this Agreement, including but not limited to I
bringing suit for damages or seeking an injunctive relief, Developer agrees to pay the City I
reasonable attorney's fees. The City shall be deemed to be the prevailing party if such action
I is resolved by mediation after such action is filed with the court. I
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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 of this Agreement, the Developer shall provide the City with a title
opinion prepared by a licensed attorney and directed to the City stating the condition of title
of the property, or other proof of title acceptable to the City.
7.3 Binding Effect on Parties and Successors. The terms and provisions ofthis Agreement shall
be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns
ofthe parties hereto and shall be deemed covenants running with the land. Reference herein
to Developer, if there be more than one, shall mean each and all of them. This Agreement, at
the option of the City, shall be placed on record so as to give notice hereof to subsequent
purchasers and encumbrances of all or any part of the Development and all recording fees
shall be paid by the Developer.
7.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement
shall be delivered personally or mailed by United States mail to the addresses set forth in this
paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed
timely given or made when delivered personally or deposited in the United States mail in
accordance with the above. Addresses of the parties hereto are as follows:
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If to the City at: City Clerk/Administrator
. CityofSt. Joseph, P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Arcon Development, Inc.
7625 Metro Blvd., Suite 350
Edina, MN 55439
7.5 Acceptance and Ownership of Improvements. The City will accept said improvements or
portions thereof, upon certification by the City Engineer that, to the best of his knowledge
and belief, the improvements have been completed in conformance with the terms of this
Development Agreement and all documents incorporated herein by reference. Upon
completion of the work and construction required by this Agreement and final approval and
acceptance by the City, the improvements lying within public easements in the development
shall become City property without further notice or action.
7.6 Incorporation of Documents by Reference. All general and special conditions, plans, special
provisions, proposals, specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this Agreement by
reference as if fully set out herein in full.
7.7 Indemnification. The City and its officers, agents and employees shall not be personally
liable or responsible in any manner to the Developer, contractor or subcontractors,
- materialmen, laborers, or to any other person or persons whomsoever, for any claims,
~ demands, damages, actions, or causes any action of any kind or character whatsoever arising
out of or by reason of the execution of this Agreement, or the design, performance, and
completion of the work and the improvements to be provided by Developer pursuant to this
Agreement. The Developer shall hold the City and City Engineer harmless ftom claims by
third parties, including but not limited to other property owners, contractors, subcontractors
and materialmen, for damages sustained or costs incurred resulting ftom plat approval and
the development of the Property. The Developer shall indemnify the City for all costs,
damages or expenses, including engineering and attorney's fees, which the City may payor
incur in consequence of such claims by third parties.
7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Property.
7.9 Streets.
(a) During any period of spring weight restrictions, when the streets within the
Development have the first lift of pavement, but prior to final acceptance of the
improvements by the City, the Developer shall post signage at each entrance to the
Property as notice restricting access to vehicles with an axle weight of seven tons or
less.
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(b) The Developer shall promptly clean any soil, earth or debris from streets in or near
the Development resulting from construction work by the Developer or its agents or
assigns as often as necessary and as directed by the City for public safety and.
convenience. In the event the Developer fails to clean the streets within 48 hours of
the direction of the City, the City may undertake the work and seek reimbursement
from the security provided by the Developer as set forth in paragraph 8.15( c) of this
Agreement, or alternatively, assess the cost against property owned by the Developer
within the City.
(c) Any damage to existing City streets due to construction activities within the
development shall be repaired to the satisfaction of the City at the Developer's
expense.
7.10 Erosion Control. The Developer shall comply with all requirements 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 "D" designated as the Developer's
responsibility. The Developer may install wood chips in lieu of the requirement to install silt
fence behind the curb line. However, the Developer shall install the silt fence if in the
opinion of the City Building Inspector the wood chips do not provide adequate erosion
control. In addition, the City may impose additional erosion control requirements if in the
opinion of the City Engineer such requirements are necessary to retain soil and prevent
siltation of streams, ponds, lakes, or other adj acent properties, or of City utility systems. The
Developer shall comply with the erosion control plans and with any such additional
instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed -
shall include rye grass or other fast growing seed to provide a temporary ground cover as -
rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for
seed retention. The patties recognize that time is of the essence in controlling erosion. The
Developer shall notify the City at least 1 week prior to the initial transfer of the NPDES
permit.
7.11 Site Grading.
(a) Site grading shall meet all of the requirements set forth in the City's Development
Manual, and in the General Storm Water Permit for construction.
(b) \Vhen the site grading has been completed:
1. The Developer shall verify by field survey that the site grading has been completed in
accordance with the approved grading plan submitted with the preliminary plat
documents, as modified by the construction plans. The Developer shall submit the
verified site plan to the City for approval.
2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage
breaks, ponding sites, ditches, and sway1es. Arrows shall show how the lot is to
drain.
9
3. The approved site grading plan shall become the Development Plan.
. 4. The Developer shall make the Development Plan available to subsequent owners of
the lots purchased from the Developer, and to their builders. Upon completion ofthe
final lot grading by the lot owner, elevations shall closely match those set forth on the
Development Plan.
7.12 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully perfonned all of its duties and obligations under this Agreement.
Upon the written request ofthe Developer and upon the adoption of a resolution by the City
Council finding that the Developer has fully complied with all the terms of this Agreement
and finding that the Developer has completed performance of all Developer's duties
mandated by this Agreement, the City shall issue to the Developer on behalf of the City an
appropriate certificate of compliance. The Acceptance of the Improvements contracted in
accordance herewith by the City does not constitute a certificate of compliance and does not
release the Developer from ongoing duties or responsibilities arising under this contract. The
issuance of a Certificate of Compliance does not release the Developer or any Surety from
warranty responsibilities arising under Section 4.12 herein.
7.13 Public Land Contribution.
The Developer shall be deeding the City 44 acres of parkland for the entire Rivers Bend
PUD in accordance with the provisions ofthe Memorandum of Understanding dated May _,
. 2005 by and between the City and Developer. The Developer shall receive credit for this
donation for all phases of the PUD.
7.14 Time of Performance. The Developer shall install all required public improvements for the
Development prior to the issuance of building permits by the City, with the exception of the
final wear course of asphalt on streets. The wear course on streets shall be installed between
August 15 and October 15 the first summer after the base layer of asphalt has been in place
one rreeze-thaw cycle. The Developer may, however, request an extension of time from the
City. If any extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this timerrame must have the written approval ofthe City Engineer.
7.15 Ponds.
(a) Dedication of Pond Areas. The Developer will 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 shall include
an access drive to the pond site. Developer will dedicate the drainage and stonn
sewer utility easements shown on the Preliminary Plat and/or as required by the Plans
and Specifications. The Developer agrees that all holding and sedimentation ponds
and drainage easements as shown on the Preliminary Plat or as required by the Plans
and Specifications are required for the development of the Development Property.
10
(b) Cleaning of Ponds. At such time as the City Director of Public Works determines that
construction on the Development Property has been sufficiently completed so as not to.
cause significant erosion which will contaminate the holding ponds servicing the
Development Property, Developer will clean/dredge all holding ponds and stonn water
pipes on the Property. In the event the ponds require cleaning/dredging prior to the
completion of all such construction, the City Director of Public Works may request
that the Developer complete more than one cleaning of the holding ponds.
(c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property
whether such ponds are located on City owned property, easements running in favor of
the City or on private property must maintain a minimum of an 8 foot natural buffer
from the high water mark. Notwithstanding the above, one access to each pond may be
created by the City in a location determined by the City in its sole discretion.
Developer shall be responsible for the cost of signage around said buffer areas
indicating that the buffer is part of a wetland restoration project which may not be
distributed without the written permission of the City. Said signs shall be posted in
locations reasonably determined by the City.
(d) The temporary stormwater pond to be constructed for Phase 1 will meet the same
requirements as permanent stormwater ponds as submitted in the Stormwater
Management Plan and Preliminary Plat documents. The Developer agrees to construct
a pennanent stormwater pond pursuant to the Preliminary Plat and Storm water
Management Plan during a future phase. Developer will provide access to temporary
pond and will provide temporary drainage easement to City. Developer shall be .-
responsible for all maintenance for the temporary pond until the permanent pond is --
constructed.
7.16 Storm Water. The Developer shall pay for stonn water and drainage improvements on the
current development phase the greater of either (a) $.20 per square foot of the "Net
Developable property" (928699.2 square feet x $.20 =$18,5739.84) , or (b) the actual cost
(labor and materials) plus related engineering cost for storm water improvements. "N et
Developable Property" is defined as the gross land area minus street right-of-way and other
land area dedicated to the public. "Storm Water Improvements" are defined as all storm
sewer pipe, catch basins, manholes, riprap, and holding ponds installed by the Developer's
Contractor. If the Developer does not expend at least $.20 per square foot of Net Developable
Property on storm water improvements, Developer shall remit the difference between the
amount actually spent on storm water improvements and the $.20 per square foot to the City.
This cost differential will be used for downstream storm water improvement costs which
may have been, or will be, incurred by the City. Developer shall provide the City with a
schedule of values for storm sewer improvements when the project is substantially compete.
Upon approval by the City ofthe schedule of values, the City will invoice the Developer for
the amount due. Payment is due within h\'o weeks of the date of the invoice.
7.17 Monuments. Developer may place, at Developer's sole cost and expense, identification
monuments on the entrances to the Development Property pursuant to City Ordinance
11
regulations. The location and type of monuments must be approved by the City Engineer prior
to installation. Prior to installation of any monuments on the Development Property,
. Developer must create an association to maintain said monuments. The association documents
must be approved by the City's attorney and originals provided to the City's attorney for
recording against the Development Property.
7.18 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs,
including all reasonable engineering, legal, planning and administrative expenses, incurred
by the City in connection with all matters relating to the negotiation, administration and
enforcement oftms Agreement and its performance by the Developer. Developer shall also
reimburse the City for any add-to-construction costs related to the installation of street
lighting or private utilities within the Development. Developer shall also be responsible for
the cost of acquiring and installing street signage consistent with that used in other recent
developments within the City. Such reimbursement shall be made within 14 days 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 of
building permits until all costs are paid in full. The City may further declare a default and
collect its costs from the security deposited in accordance with Section 4.5 of this
Agreement.
7.19 Renewal of Security. If any escrow account or bond deposited with the City in accordance
with this Agreement shall have an expiration date prior to the Developer's obligations
hereunder being complete, the Developer shall renew such security or deposit substitute
security of equal value meeting the approval ofthe City at least thirty (30) days prior to the
-- expiration of such security. Failure to post such alternate security or renew such security shall
~ constitute a default and the City may place a moratorium on all construction or other work
related to the Development, refuse the issuance of building permits, and declare the entire
amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the
City as a security deposit in the same manner as the security theretofore held by the City.
7.20 Platting. Developer must include all of the Development Property in the final plat of the
first phase of the development, with future phases of the development platted as Outlots.
The final plat must be recorded prior to the City or Developer initiating the installation
of Municipal Improvements on the Development Property.
7.21 Utility Location. Developer agrees that all utilities within the Development will be installed
underground, including without limitations electrical, telephone, cable television and natural
gas. Developer may receive an exemption from this requirement if Developer demonstrates
to the City Engineer that underground utilities would not be physically possible. Any
exemption shall be limited to the minimal area necessary.
7.22 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve the
final plat provided it otherwise meets the requirements of the City's Ordinance governing
Subdivisions. If the Plat contains the dedication of an easement, the use of property within
the area of an easement is specifically restricted by prohibiting the construction of any
structure or fence, planting trees or shrubs, or storing of personal property within the area of
12
the easement which could delay, restrict or impede access within the easement area by a
person or vehicle.
7.23 Street Lighting and SÜmage. Developer shall be responsible for the cost of purchase and.
installation of street lights and street signs. Developer will name all streets within the
Development in accord with the proposed street name map for River's Bend approved by the
City. The improvement shall not be accepted until installation of street lights and street signs
is completed.
7.24 Wetlands. Developer shall take the following precautions to protect any wetlands within the
Property, as that term is defined in Minnesota Statute Section 1038.005, Subd. 19;
(a) Upon completion ofthe site grading, place signs on any lots containing wetlands or
drainage easement providing notice of the location of the wetland or drainage
easement. The signs shall be in a form and size as prescribed by the City and
available for purchase through the City Administrator/Clerk=s office. The location
and number of signs for each lot shall be as required by the City Engineer.
(b) Prohibit filling of wetlands so long as Developer is the owner of the affected lot.
(c) Developer will, simultaneous with recording of the initial plat for the Development
Property, provide an easement and development restriction to the City protecting the
\vetlands areas located within lots shown on the Preliminary Plat. Said easement and
development restriction shall be drafted by the City Attorney and must provide that
the wetlands located on the lots shown on the Preliminary Plat may not be filled or .-.
distributed without the permission of the City, which it may deny in its sole ~
discretion, and any other applicable agency. Developer will provide signs on the
Development Property indicating the location of the protected wetlands. All signs
and locations must be approved by the City prior to installation.
(d) Notwithstanding anything in this Agreement to the contrary, the Developer shall be
responsible for all wetland mitigation which is required for construction of any of the
Municipal Improvements, and Developer shall be responsible for all wetland
mitigation which may be required because of work done by or under the direction of
the Developer in the areas designated as future park. Developer will complete and
pay for all permitting, credit purchases, and/or other mitigation costs which may be
involved. The City may, however, take action to minimize charges or costs to the
City in the event the Developer fails to obtain all permits and complete all mitigation
which may be necessary for the construction of the Municipal Improvements and/or
work in future parklands.
7.25 Proiect Specific Requirements.
(a) Developer shall submit a copy ofSWPPP and approved NPDES Permit from MPCA.
13
(b) Developer shall construct trail and lighting improvements on County Road 121
adjacent to Phase 1 Development and connect trail and lighting to City's existing
. trail system at Iverson. Developer shall warranty sidewalks and trails for a period of
two years ITom the date of acceptance of these improvements by the City.
7.26 SAC/WAC and Trunk Charges.
(a) Water and Sewer Connection Charges. Water and Sewer Access Charges shall be
paid by the owner of each lot at the time the building permit is issued. Charges shall
be those in effect at the time the permit is issued.
(b) Water and Sewer Area Trunk Charges. Developer shall pay at the time of approval
of each final plat for the Development Property sewer area trunk charges and water
area trunk charges in accordance with City policy in effect at the time of such
approval.
7.27 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 will typically be placed near the end ofthe construction season following
winter carry-over. The city will plow those streets necessary for reasonable access to lots
where building permits have been issued provided the following conditions have been met:
(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.
(e) Storm sewer, concrete curb and gutter and bituminous base course have been
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 risers
before placing the bituminous wear course).
Any damage to the curb and gutter or other improvements due to snow plowing operations
will be repaired by the Developer before placing the final wear course. The Developer will
remove any snow banks or piles that have accumulated due to snow plowing operations that
restrict access to building sites. Snow plowing in new developments will typically be
scheduled after other existing streets have been plowed.
14
7.28 Default and Remedies. If Developer fails in any way to perform or observe any covenant,
condition, or obligation contained in this Agreement the City may do any, all or any
combination ofthe following: (i) halt all further approvals regarding platting, improvements.
or issuance of building permits or occupancy permits relating to the Development Property,
(ii) seek injunctive relief, (iii) terminate this Agreement and all ofthe obligations contained
herein without terminating Developer's obligation to reimburse the City for costs it has
incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize
any funds or other security which have been provided to the City pursuant to this Agreement;
and/or (v) take any other action at law or in equity which may be available to the City.
7.29 Assignment. This Agreement may not be assigned by Developer except upon obtaining
the express written consent of the City.
7.30 Integration. This Agreement contains all ofthe understandings and agreements between the
parties. This Agreement may not be amended, changed, or modified without the express,
written consent of the parties hereto.
7.31 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
7.32 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of
the State of Minnesota.
7.33 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. Developer is hereby advised to seek independent legal advice prior to execution -
of this Agreement. --
7.34 Additional Tenns. Protective covenants for the Development are attached hereto and
incorporated herein as Exhibit E.
Signed and executed by the parties hereto on this day of ,2005
ATTEST CITY OF ST JOSEPH
By By
City Administrator/Clerk Mayor
(SEAL)
ARCON DEVELOPMENT, INe.
By
Name
Title
15
STATE OF MINNESOTA )
. COUNTY OF STEARNS )ss
)
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
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this day of ,2005, before me, a notary public within and for said County,
personally appeared , to me personally known, who, being by me duly
sworn, did say that he/she is the of Arcon Development, Inc., the
corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate
- seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by
- authority of its Board of Directors and said acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Susan M. Dege - 0290385
Rajkowski Hansmeier Ltd.
11 Seventh A venue North
P.O. Box 1433
St. Cloud, Minnesota 56302
Telephone: (320) 251-1055
L:\city\stjoe/arcon
16
EXHIBIT A
LEGAL DESCRIPTION
The Southeast Quarter of the Southwest Quarter, the Southwest Quarter of the Southeast Quarter, and the.
Southeast Quarter of the Southeast Quarter of Section 15, Township 124 North, Range 29 West, less and
except the South 33 feet of said Southeast Quarter of the Southeast Quarter lying east of Steams County
Road 121, and also less and except the North 208.71 feet of the South 241.71 feet of the East 521.77 of
said Southeast Quarter of the Southeast Quarter. Except
That part of the Southwest Quarter ofthe Southeast Quarter of Section 15, Township 124, Range 29, Steams
County, Minnesota described as follows:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North
88 degrees 41 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter
of the Southeast Quarter, a distance of359.39 feet; thence North 01 degrees 18 minutes 43 seconds West
a distance of 107.97 feet to the point of beginning of the tract to be described; thence South 57 degrees
26 minutes 06 seconds East a distance of 146.51 feet; thence North 33 degrees 06 minutes 17 seconds
East a distance of341.51 feet to the southerly right of way of Steams County Highway No. 121; thence
northwesterly, along said right of way to the intersection with a line bearing North 27 degrees 20 minutes
32 seconds East from the point of beginning; thence South 27 degrees 20 minutes 32 seconds West,
along said line, a distance of 281.94 feet to the point of beginning. AND
The Northwest Quarter of the Northwest Quarter of Section 22, Township 124 North, Range 29 West
less and except that part of said Northwest Quarter of the Northwest Quarter that lies southwesterly of
Interstate No. 94, said highway being more particularly identified as Parcel 34, STATE HIGHWAY
RIGHT OF WAY PLAT No. 73-20, according to the plat thereof, on file and ofrecord in the Office of -
the County Recorder, Steams County, Minnesota. Less and except Parcel 34, said STATE HIGHWAY ~
RIGHT OF WAY PLAT No. 73-20. AND
The Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of
Section 22, Township 124 North, Range 29 West less and except that part described as follows:
Beginning at the southeast comer of said Northeast Quarter of the Northwest Quarter; thence South 89
degrees 52 minutes 50 seconds West, assumed bearing, along the south line of said Northeast Quarter of
the Northwest Quarter,
144.45 feet; thence North 00 degrees 27 minutes 22 seconds East, parallel with the east line of said
Northeast Quarter ofthe Northwest Quarter, 486.29 feet; thence South 83 degrees 35 minutes 51 seconds
East 1055.93 feet to the centerline of a to\vnship road; thence South 08 degrees 36 minutes 49 seconds
West, along said centerline, 364.67 feet to the south line of the said Northwest Quarter of the Northeast
Quarter; thence South 89 degrees 29 minutes 10 seconds West along last mentioned south line, 854.19
feet to the point of beginning. A..1\ID
That part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 124 North, Range
29 West lying northeasterly of the northeasterly right of way line of Interstate Highway No. 94 as
delineated on STATE HIGHWAY RIGHT OF WAY PLAT No. 73-20, a duly recorded plat on file and of
record in Office of the County Recorder, Steams County, Minnesota.
17
EXHIBIT B
CONSTRUCTION DOCUMENT REQUIREMENTS
. (1) Soils Analysis
o Location map showing boring and piezometer locations
0 Soil boring logs
0 R- Values or Soil Factors used for design
0 Structural recommendations for streets and trails
(2) Engineer's Preliminary Estimate and Final As-Built Costs
0 Itemized quantities
0 Unit prices
(3) Construction Plans
0 Title sheet with general location map and index
0 Typical Sections for streets, driveways, parking lots, trails, and landscape features
0 Typical Details for sanitary sewer, water main, storm sewer, sedimentation and holding ponds,
curb gutter and sidewalk, and erosion control items
0 Complete schedule for sanitary and storm sewer structures
0 Traffic Management Plan showing how construction traffic will be routed from the
collector/arterial network to the site, phasing plans, detours, and seasonal load restrictions
0 Grading and Surface Restoration Plan showing excavation/embankment balance, building pad
elevations, hold-downs, house types for each pad, spot elevations at lot corners, overflows, and
other critical areas, drainage arrows showing how all surface water is intended to drain, provisions
- for private utility installation, and site access locations
D Landscape Plan if shrubs, trees, or other plantings are to be provided
--
0 Erosion Control Plan
0 Striping, Signage, and Street Lighting Plan
0 Plan and profile sheets for streets and storm sewer, with match lines between sheets, including
temporary cul-de-sacs between phases, and any turning/bypass lane requirements of Steams
County.
0 Plan and profile sheets for sanitary sewer and water main, with match lines between sheets,
showing existing conditions and proposed construction, and showing stations for all stubs and
service connections
(4) Construction Specifications/Project Manual
0 Advertisement/Invitation for bids
0 Complete bid schedule
0 Basis of award if alternate bids are called for
0 Performance and payment bond forms approved by the City
18
EXHIBIT B (continued)
.
0 General Conditions
0 Special/supplementary provisions including the following:
· Contractor's liability insurance
· Related work at the site (private utilities, other contractors)
· Correction period (2-year warranty)
· Mediation as means for dispute resolution
· Substantial and final completion dates (allow for holding off on wear course)
· Ownership/disposition of excess excavation materials
· Field office
· Shop drawing and submittals process
· Laboratory testing requirements including an itemized list of tests to be conducted
· Soil borings
0 Storm Water Pollution Prevention Plan (SWPPP) including provisions for dewatering
(5) Operation and Maintenance Manuals
0 Documents for all mechanical and electrical equipment
(6) Record Drawings
0 Final modifications to details and typical sections
0 Final location for all pipes, valves, manholes, catch basins and sewer/water services -
0 Final modifications to pipe sizes and materials H
0 Final elevations for all pipe and structure inverts
19
EXHIBIT C
CONSTRUCTION DOCUMENT SUBMITTAL
(1) Soils analysis
. 0 Two (2) bound copies submitted prior to design
(2) Engineer's. Preliminary Estimate
0 Seven (7) copies with plans and specifications
(3) Construction Plans
0 Seven (7) reduced scale (11 "x17") copies
0 Two large scale (22"x34") copies
(4) Construction SpecificationslProject Manual
0 Seven (7) bound copies
(5) Completed Bid Forms
0 Two (2) copies ofthe actual low bid
0 Two (2) copies of a complete tabulation of all bids submitted
(6) Contractor's Bond and Insurance
0 Two (2) copies of the performance bond
0 Two (2) copies of the payment bond
0 Two (2) copies of the contractor's insurance certificate
0 Two copies of the executed agreement between contractor and developer
- (7) Permits
'- 0 Two (2) executed copies of all permits
0 Two (2) executed copies of all storm water permit transfers or modifications
0 Two (2) executed copies of all storm water permit subdivision registrations
0 Two (2) copies ofNPDES Transfer or Termination Form
(8) Schedule
0 Two (2) copies of contractor's schedule including updates
(9) Shop Drawings and Change Orders
0 Two (2) copies of shop drawings with final revisions
0 Two (2) executed copies of all change orders and/or supplemental agreements
(10) Operation and Maintenance Manuals
0 Two (2) sets of bound documents
(11) Record Drawings
0 Two (2) reduced scale (11x17) copies
0 One (1) electronic copy in autocad or micro station format
(12) Final itemized, as-built, construction costs and quantities for street, stormwater, sanitary sewer and
watermain'improvements.
20
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible Party Action By .
Prepare SWPPP and obtain General Developer (private) or City Developer's Engineer if private
Storm-Water Permit from MPCA. (public) project. project, City Engineer if public
project.
Establish erosion/sediment control Developer (private) or City Contractor
and mass grade the site. (public) project. I
Place topsoil, seed, mulch except on Developer (private) or City Contractor
boulevards and fÌ"ont yard utility (public) project.
easements. Bring transformer pads to
grade. Wait for private utilities.
After curb and gutter is in, install Developer. Private Utility companies.
private utilities in easement area.
After utilities are in, construct Developer (private) or City Contractor
sidewalk. (public) project.
Place topsoil, seed, and mulch on Developer (private) or City Contractor
remaining disturbed areas. (public) proj ect..
Complete "as-built" survey for all site Developer (private) or City Developer's Engineer if private
grading. This now becomes the (public) project. project, City Engineer if public !
"Development Plan" project. i
Place silt fence behind curb (or I Developer (private) or City Contractor i
sidewalk) throughout development. (public) project. I
I --
i
J Set Property Irons. Developer Developer's Surveyor -
I Transfer permit to Developer when I City City Engineer !
I
construction is complete. i !
Sell lot. Issue MPCA homeowner fact I Developer Developer I
sheet, and make Development Plan I
and SWPPP available to Builder.
Submit building permit application. Owner Builder
Include site survey and MPCA
"Subdi vision Registration".
Issue building permit. City Building Inspector
Construct 24' wide opening in silt Owner Builder ,
I
fence at driveway and place rock I
I
entrance. Place additional silt fence as i
necessary to keep soil on lot. I
Maintain silt fence and other Developer, or Owner if Developer, or Builder if sold. I
erosion/sediment control items. sold. I
,
Sweep streets as required. Developer Developer, or City if agreement
to back charge Developer.
Submit certified lot survey showing Builder Builder I
final structures and lot elevations.
Issue Certifiacte of Occupancy. City City
21
Submit "Notice of Termination" to Developer Developer
MPCA within 30 days of final site
stabilization and removal of all non-
· builder silt fence and other
erosion/sediment control items.
·
· 22
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· Attachment: Yes or No I
REQUEST FOR COUNCIL ACTION
Gambling Ordinance
DATE: May 19,2005
Administration
ORIGINATING DEPARTMENT DEPARTMENT APPROVAL
AGENDA ITEM
Gambling Lìcense - Ordinance
PREVIOUS ACTION
The Council has discussed the amendment to the Gambling Ordinance at the last two Council meetings.
Since the last meeting we have notified all the Gambling Organizations of the proposed change in
Ordinance and requested comments and concerns. At the time of writing this memo I am not aware of
· any concerns, but it just when out late last week.
RECOMMENDED COUNCIL ACTION
1. Authorize the Mayor and Administrator to execute the Ordinance Amendment and cause the
same to be published.
2. Accept the Premise Pennit of the St. Joseph Recreation Association to operate gaming at Loso' s
Main Street, effective May 27, 2005 the same day the Ordinance becomes effective.
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
·
CITY Of ST. JOSEPH
';('WW. cityofstjoseph .com .
MeI110randum
Administrator To: Premise Permit License ,Holders
Judy \Y1eyrens Judy W ')"en~()Un
From:
~ I~
Mayor Date: 5/13/200(./- ' ..
Richard Carlbom -- t
Re: Gambling Ordinan.ee
J
Councilors
AI Rassier
Ross Rieke
Renee Symdnietz Please find enclosed a proposed Gambling Ordinance that wi!] be presented to the City Council on May
19,2005. In reviewing the current Ordinance it has been noticed that not all the provisions within the
Dale \Y1ick Ordinance are being enforced. Therefore, the City is proposing to adopt an Ordinance that reflects the
current practice.
The biggest change in the Ordinance is the local proceed section. The old Ordinance required that 80%
of the proceeds be spent within the trade area which is defined as that within a 15 mile radius of St. .
Joseph. The new Ordinance requires that 10% of the proceeds be donated to the City ofSt. Joseph.
This requirement does not necessarily mean a cash donation. At the end of each year all organizations
must illustrate that 10% of the proceeds were donated to projects within the City of St. Joseph. If 10%
was not achieved than the organization would be required to contribute the difference to the City via a
cash donation. Any funds that the City receives must be placed in a separate fund and used for public
purpose.
This is only a first draft of the Ordinance, it is not intended to be onerous on any service club. If you
have any questions, concerns or would like to discuss alternative language please call me before
Thursday. We welcome your input and hope to have an Ordinance that will work for all groups. I can
be reached at 320-363-7201 or iwevrens!êiì,citvofstioseph.com.
For your convenience I have included both the Old Ordinance and the proposed Ordinance.
.'1
, r College Avenue No rt h PO Box 668 Sa in t . Joseph. )\11 inn e sot a )"0)74
-)
Phone ,2.0 ,0"3,72.01 Fó X 12.0."301,0'142.
Þ ('w...
J, (} ~';-
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.
ORDINANCE 62 GAMBLING
Section 62.01: Purpose. The purpose of this section is to regulate and control the conduct
of lawful gambling in the City of St. Joseph and to ensure the integrity of operations, and provide
for the use of net profits for lawful purposes by setting criteria and standards related to the
approval or disapproval of premise permits.
Section 62.02: Definitions: Except as otherwise provided in this section, the terms
defined in Minnesota Statutes, Chapter 349, are incorporated herein by reference and shall be
applicable to the provisions contained herein.
Subd. 1: Gross Profit: "Gross Profit" means the gross receipts collected from
lawful gambling, less reasonable sums necessary and actually expended for prizes.
Subd. 2: Net Profit: "Net Profit" means gross profit less reasonable sums actually
expended for allowable expenses.
Section 62.03: Provisions of State Law Adopted: The provisions of Minnesota Statutes
. Chapter 349, relating to the definition of terms, licensing, regulation, investigation and
enforcement of bingo, gambling devices and video games, and all other matters pertaining
thereto, are adopted and made a part of this ordinance as if set out in full.
Section 62.04: Investigation Fee: Any organization applying for a charitable gambling
license, or renewing a license, shall pay an investigation fee in the amount as set by the City
Council.
Section 62.05: Permit Criteria: Each pending application for issuance or renewal of a
premise permit shall be approved or disapproved by resolution of the City Council within sixty
(60) days after receipt of the application. In approving the application, the City must determine
whether or not the benefit that the lawful use of the charitable gambling funds brings to the local
community is broad based or for the benefit of needy non-members of the organization, as
opposed to aiding a very small number of individuals who are also members of the organization.
The City may disapprove an application for issuance or renewal of a premise permit for any of
the following reasons:
Subd. 1: Violation by the gambling organization of any statute, ordinance or rule
relating to gambling;
Subd. 2: Violation by the on-sale establishment, or other organization leasing its
premise for gambling, of any statute, ordinance or rule relating to the operation of the
.
establishment, including but not limited to, laws relating to alcoholic beverages, gambling, .
controlled substances, suppression of vice and protection of public safety;
Subd. 3: Failure by the gambling organization to make adequate corrections in its
organizational structure and procedures in response to an audit report.
Subd.4 Where the operations of gambling at the site would be detrimental to
health, safety or welfare; or
Subd. 5 The benefit that the lawful use of charitable gambling funds brings to the
local community is not broad based.
Subd.6 The application has not been submitted in a timely fashion and not all the
required information has been submitted.
Subd. 7 The organization has not been cooperative with respect to past
investigations.
Section 62.06: Filing of Records; Inspection; Access to Records
Subd. 1 Every organization licensed to conduct gambling in the City of St. Joseph
shall file with the City Clerk, on a quarterly basis, copies of all records and reports required to be
filed with the Minnesota Gambling Control Board and Department of Revenue pursuant to
Minnesota Statutes, Chapter 349 and the rules and regulations promulgated there under. .
Subd. 2 Each organization licensed to conduct lawful gambling in the City of St.
Joseph shall submit any additional inforn1ation requested by the City.
Subd. 3 Any organization leasing premises for the conducting of lawful gambling
shall file with the City a copy of the lease within one (1) week after execution of the lease.
Subd.4 Every gambling event in the City of St. Joseph conducted by an
organization under State license shall be open to inspection by officers of the City.
Subd, 5 The City may inspect, at any reasonable time without notice or search
warrant, all records of a licensed organization that are required to be maintained by the State
Gambling Control Board.
Section 62.07: Expenditure ofProceedslLocal Benefits. Each organization conducting
lawful gambling within the City of St. Joseph shall annually contribute at least ten percent (10%)
of its net proceeds from gambling to the City of St. Joseph. The contribution shall be managed
as follows:
Subd. 1 No later than January 31 of each calendar year each organization shall be
responsible for providing a summary illustrating that ten percent (10%) of the net proceeds have
been contributed to the City of St. Joseph meeting the criteria stated in 62.05, reaching a broad .
- base. If the contributions for the calendar year do not meet the 10% or criteria, the organization
shall contribute the difference to the City of St. Joseph no later than February 15 of each calendar
year.
Subd. 2 Any money remitted to the City shall be held in a special fund conforming
to the requirements of Minnesota Statutes Section 349.213.
Section 62.08: Penalties. In addition to the penalties set forth in the Statutes, any
violation of Minnesota Statute Chapter 349, as herein adopted shall constitute a violation of this
Ordinance and shall be punishable as a misdemeanor.
-
CHAPTER VI - GENERAL REGULATIONS
.' Subd.7: Has the application been made in a timely fashion, with aU necessary e
information submitted.
Subd. 8: Has the applicant been cooperative with respect to past investigation which was
undertaken.
Section 62.06: PENALTIES. In addition to the penalties set forth in the statutes, any
violation of Minn. Stat. Ch. 349, as herein adopted shall constitute a violation of this Ordinance
and shall be punishable as a misdemeanor.
. e
.
62-2
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.. ............. .................................................... ..................... .........................................
ITEM 1.5 MGD 2.0 MGD
TOTALS TOTALS
WELLS
Division 2 Well Construction $ 120,000 $ 120,000
Division 16 Wells Electrical $ 43,000 $ 52,500
SCADA UPGRADES
Division 16 Electrical $ 84,000 $ 84,000
WATER TREATMENT FACILITY
Division 0 Bonds/Insurance $ 66,000 $ 70,000
Division 1 Mobilization-Submittals-Front End $ 220,000 $ 235,000
Division 2 Civil/Site $ 347,700 $ 386,300
Division 3 Concrete $ 631,600 $ 686,500
Division 4 Masonary $ 283,900 $ 298;800
Division 5 Metals $ 112,300 $ 117,300
Division 6 Woods & Plastics $ 47,200 $ 51,190
. Division 7 Thermal Moisture Protection $ 250,420 $ 263,600
Division 8 Doors & Windows $ 157,700 $ 157,700
Division 9 Coatings $ 119,700 $ 129,700
Division 10 Specialties $ 12,200 $ 12,200
Division 11 Process - Mechanical $ 746,800 $ 807,800
Division 12 Furnishings $ 20,200 $ 20,200
Division 13 Specialties $ 24,700 $ 26,000
Division 14 Conveying Systems $ 6,000 $ 6,000
Division 15
HV AC/Plumbing $ 80,000 $ 84,000
Process - Mechanical $ 521,300 $ 621,300
Division 16 Electrical $ 654,000 $ 669,000
Walk-in Type Generator Enclosure $ 40,000 $ 40,000
SUBTOTAL: $ 4,588,700 $ 4,939,100
Contigency Percent 10% $ 458,900 $ 493,900
Engineering 15% $ 688,300 $ 740,900
Finacing 6% $ 275,300 $ 296,300
PROJECT TOTAL $ 6,011,200 $ 6,470,200
Telephone/Security Allowance $ 100,000 $ 100,000
Trunk Watermain $ 588,192 $ 588,192
Land & Platting Cost $ 250,000 $ 250,000
$ 6,949,392 $ 7,408,392
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5/17/2005 C:\Documents and Settings\jledin\Desktop\St Joseph\St Joseph Cost (May 2005).xls