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HomeMy WebLinkAbout2002 [10] Oct 03 {Book 25} · ity of St. Joseph 25 College Avenue NW P.O. Box 668. St. Joseph, MN 56374 (320) 363-7201 St. Joseph City Council Fax: 363-0342 October 3, 2002 . 7:00 PM CLERK! ADMINISTRATOR Judy Weyrens 1. 7:00 PM Call to Order MAYOR Larry J. Hosch 2. Approve Agenda COUNCILORS 3. Consent Agenda Bob Loso Cory EWert a. Bills Payable - Requested Action: Approve Check Numbers 31820 - 31879 b. Minutes - Requested Action: Approve the September meeting Kyle Schneider c. Application for Payment #2, Interior Streets - Requested Action: Authorize the Alan Rassier Mayor to execute application for payment #2, authorizing payment in the amount of $ 107,089.89 to R.L. Larson Excavating d. Application for Payment #5, Northland Five - Requested Action: Authorize the Mayor to execute application for payment #5, authoring payment in the amount of $ 33,407.01 to Larson Excavating. e. Application for Payment #2, County Road 121 - Requested Action: Authorize payment to Stearns County in the amount of $ 375,535.77 for the improvements to · County Road 121. f. Street Lighting Plan - Requested Action: Accept the Street Lighting Plan for Graceview Estates as submitted by Stearns Electric. 4. 7:05 PM - Public Comments to the Agenda 5. 7:10 PM - Noise Violation - 120 - 2nd Avenue NW, Apt 103 6. 7:25 PM - City Engineer Reports a. 2nd Avenue NW Sidewalk b. Ash Street Sidewalk Design c. Parking Lot Improvements d. Project Update e. Other Matters 7. 8:00 PM - Discussion of the proposed Affordable Housing Agreement 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. b. · 11. Adjourn CITY OF ST. JOSEPH 09/27/024:32 PM Page 2 . Bills Payable Check # Search Name Comments Amount FUND DEPART OBJ 031851 SOUTHERN PUBLIC SAFET strobe reflector-squad $77.95 101 42152 220 031852 SPEEDY PRINT building permits $111.26101 42401 200 031853 ST. JOSEPH NEWSLEADER legals - election ad $27.75 101 41410 340 031853 ST. JOSEPH NEWSLEADER utility collection postcards $57.06 601 49440 310 031853 ST. JOSEPH NEWSLEADER school ad $33.30 101 42120 340 031853 ST. JOSEPH NEWSLEADER legals - east baker st(CR 12 " $36.08 425 43122 530 031853 ST. JOSEPH NEWSLEADER legals - knight builders $36.08 101 41120 340 031853 ST. JOSEPH NEWSLEADER legals - rental unit in busines $37.46101 41120 340 031853 ST. JOSEPH NEWSLEADER legals - business pk $58.28 101 41120 340 031853 ST. JOSEPH NEWSLEADER legals - east baker st(CR 12 $36.08 425 43122 530 031853 ST. JOSEPH NEWSLEADER utility collection postcards $57.05602 49490 310 031853 ST. JOSEPH NEWSLEADER utility collection postcards $57.05603 43230 310 031853 ST. JOSEPH NEWSLEADER legals - election ad $24.98 101 41410 340 031854 STAMP FULFILLMENT S. C stamped envelopes $769.20101 41430 322 031854 STAMP FULFILLMENT S. C stamped envelopes $190.00425 43120 530 031854 STAMP FULFILLMENT S. C stamped envelopes $190.00 150 46500 322 031855 STANTON GROUP reimb flex dep care $231.00101 031855 STANTON GROUP reimb flex med $67.07101 031856 STEARNS COOPERATIVE street lighting $25.00 101 43160 386 031856 STEARNS COOPERATIVE DBL lift station $37.83602 49471 381 031856 STEARNS COOPERATIVE northland lift station $28.00 602 49472 381 Ir STEARNS COOPERATIVE street lighting $348.50 101 43160 386 7 STEARNS COUNTY AUDIT RMS support 1/02 -12/03 $10,000.00 101 42120 215 o 858 UTSCH, GERALD 4 planning, 3 comp plan, 2 jo $220.00 101 41120 103 031859 AMCON BLOCK AND PREC2 picnic tables, benches $1,250.89101 45203 533 031860 BRANNAN LOCKSMITH master padlock $38.23 602 49480 220 031861 CARLSON, MICHELLE farmers market-mailings,co $70.74 101 41120 217 031862 CHADER BUSINESS EQUIP service contract-7/1/02 - 9/3 $48.77 101 42120 220 031863 COLLEGEVILLE ORCHARD' farmers market-apple cider $26.00 101 41110 101 031864 COMMISSIONER OF REVE state withhold 9/23 mt inspct $92.43 101 031865 COTTON, LISA farmers market $125.00 101 41120 217 031866 CRC INC safe & sober conference-Jeff $50.00 101 42140 331 031867 DUFNER, ANGELINE farmers market-postage, csb $52.99 101 41120 217 031868 EFTPS fica withhold 9/23 mt insp pa $237.16101 031868 EFTPS federal withhold 9/23 rnt insp $255.02 101 031869 FIRETEC ad for sale of firetruck $100.00105 42210 340 031870 INTOXIMETERS 1000 mouthpieces $181.05101 42120 210 031871 KLN DISTRIBUTING set up pc, transferred data $127.50 101 41430 220 031871 KLN DISTRIBUTING EDA computer $1,558.10101 41430 581 031871 KLN DISTRIBUTING cable commision computer $1,440.94 101 41950 580 031872 MENARDS pencils, drive bits, black pain $50.15101 45201 220 031872 MENARDS range, bolts, nuts, washers $323.77101 45202 220 031873 MIES EQUIPMENT filters $25.37 101 45202 220 031874 NBT water tower & plant service $486.71 601 49430 220 031875 NORTHERN WATER WORK filter elements $114.47 602 49480 220 031875 NORTHERN WATER WORK filter elements $63.47 602 49470 230 031876 OTTO, BILL farmers market $50.00 101 41120 217 031876 OTTO, BILL farmers market, market man $150.00 101 41120 217 031877 ST. CLOUD FIRE EQUIPME fire hose & couplings $127.91 602 49480 220 031877 ST. CLOUD FIRE EQUIPME service extinguishers $57.90 602 49490 220 031877 ST. CLOUD FIRE EQUIPME service extinguishers $57.90601 49440 220 031877 ST. CLOUD FIRE EQUIPME service extinguishers $57.90101 45202 220 .7 ST. CLOUD FIRE EQUIPME service extinguishers $57.90101 43120 220 7 ST. CLOUD FIRE EQUIPME service extinguishers $57.90 101 41430 220 031877 ST. CLOUD FIRE EQUIPME service extinguishers "$143.15105 42220 220 031878 ST. CLOUD RESTAURANT foam cups, mop heads $44.70 602 49480 220 031878 ST. CLOUD RESTAURANT foam cups, mop heads $44.71 101 45202 220 031879 TIREMAXX SERVICE CENT repair tire $11.95101 45202 220 CITY OF ST. JOSEPH 09/27/024:32 PM Page 1 Bills Payable · Check # Search Name Comments Amount FUND DEPART OBJ 031820 TAMARACK 100 Ibs sand bags $38.66 101 43120 220 031821 ADVANCED GRAPHICS squad car graphics $333.20 101 42152 550 031822 AIR COMM OF ST. CLOUD, battery $66.03 101 42151 233 031823 AT & T WIRELESS SERVIC police car modem $147.00101 42151 321 031824 AVENET, LLC e-mail acct-mgenerous $10.50 101 41430 321 031825 AWWA - MINNESOTA SECT water operation school-Jim $30.00 601 49440 331 031825 AWWA - MINNESOTA SECT water operation school-Mike $30.00 601 49440 331 031826 BATIERIES PLUS pager batteries $68.07 105 42250 230 031827 CELLULAR 2000 cell phone $2.19105 42250 321 031827 CELLULAR 2000 cell phone $154.43 105 42250 580 031828 COMMISSIONER OF REVE state withhold 9/18 pay $1,028.11101 031828 COMMISSIONER OF REVE state withhold 9/18 cc pay $60.73 101 031829 EFTPS fica withhold 9/18 cc pay $454.58101 031829 EFTPS federal withhold 9/18 cc pay $76.12101 031829 EFTPS fica withhold 9/18 pay $2,351.96 101 031829 EFTPS federal withhold 9/18 pay $2,387.47 101 031830 ELECTION SYSTEMS & SO election supplies $3.83 101 41410 210 031830 ELECTION SYSTEMS & SO reclass to 101-41410-300 -$2,120.50 101 41410 306 031830 ELECTION SYSTEMS & SO service contract, equip $2,120.50101 41410 300 031830 ELECTION SYSTEMS & SO service contract, equipment $2,120.50101 41410 306 031831 HAWKINS WATER TREATM tests $109.00602 49480 312 031831 HAWKINS WATER TREATM hydroftuosilicic acid $409.76601 49420 210 · 031832 ING LIFE INS & ANNUITY C deferred camp 9/18 pay $50.00 101 031833 KALINOWSKI, KATHLEEN S 8 planning $160.00101 41120 103 031834 LEAGUE OF MN CITIES mayors assoc membership $20.00 101 41310 433 031835 LESNICK, MARGE 5 planning, 2 joint $140.00 101 41120 103 031835 LESNICK, MARGE 3 park board $60.00 101 41120 103 031836 LESNICK, OLLIE maao camference $130.00101 41550 331 031837 MCGLYNN'S coffee $10.00 101 41410 210 031838 MINNESOTA DEPARTMENT water connection fee $1,318.00601 49440 444 031839 MINNESOTA ELEVATOR, IN july service $65.00 101 41942 220 031840 MN CHIEFS OF POLICE ED. Police mgmt issues conf-Pet $50.00 101 42140 331 031840 MN CHIEFS OF POLICE ED. Police mgmt issues conf-Jud $50.00 101 41430 331 031841 NAHAN, TOM video tapes $23.43 101 41950 210 031842 NCPERS GROUP LIFE INS life insurance $18.00101 031843 NORTHERN STATES SUPP repair link for snow plow cha $108.63 101 43125 220 031844 OFFICE MAX cash register $46.14603 43230 200 031844 OFFICE MAX cash register $46.15 602 49490 200 031844 OFFICE MAX Microcassettes $31.92101 42120 200 031844 OFFICE MAX cash register $46.15601 49440 200 031845 PERA retirement 9/18 pay $3,260.46101 031846 PERA· CC retirement 9/18 cc pay $200.00101 031847 RAJKOWSKI HANSMEIER L legal - general $1,971.00101 41610 304 031847 RAJKOWSKI HANSMEIER L legal - eminent domain $669.50101 41610 304 031847 RAJKOWSKI HANSMEIER L legal- graceview $50.00101 41610 304 031847 RAJKOWSKI HANSMEIER L legal- criminal $1,985.50 101 42120 304 031848 S & T OFFICE PRODUCTS 36 bin organizer $269.23 101 42120 200 031849 SCHIFFLER INSURANCE license tabs $39.50 101 42120 446 031850 SEH engineering - northland plat $11,248.23 101 43131 303 031850 SEH engineering - SE utility imp $3,266.17425 49490 530 031850 SEH engineering - 2002 ind pk im $4,704.02425 43121 530 031850 SEH engineering - baker st lift sta $505.80 501 49470 530 031850 SEH engineering - transportation $246.00101 43131 303 · 031850 SEH engineering - graceview $12,393.33101 43131 303 031850 SEH engineering - 2002 street im $15,347.34 425 43120 530 031850 SEH engineering - CR 121 $22,874.79425 43122 530 031850 SEH engineering - comprehensiv $3,230.50101 43131 303 031850 SEH engineering - capital improve $255.00 101 43131 303 031850 SEH general engineering services $507.00101 43131 303 Draft Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular · session on Thursday, September 5, 2002 at 7:00 PM in the St. Joseph City Hall. - Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. Administrator / Clerk Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf, Public Works Director Dick Taufen. Others Present: Nora Stoneberg, Sara Wuertz, Cathy Salzer, Arthur Reber, Janelle Schneekloth, Marlys Sebasky, Richard Carlborn, Kevin Dierkhising. Approve Aqenda: Rassier made a motion to approve the agenda with the addition of 11 (b) Water Tower Lights and 12 (d) Establish Budget Meeting. The motion was seconded by Loso and passed unanimously by those present. Consent AQenda: Ehlert made a motion to approve the consent agenda as follows: a. Approve check numbers 31674 - 31749 b. Approve August minutes c. Authorize the execution of application for payment 1 for the 2002 Street Project and authorize payment in the amount of $ 144,612.47 to RL Larson. d. Authorize the execution of application for payment 3 for the 2002 Business Park Improvement and authorize payment in the amount of $ 159,585.40 to Molitor Excavating. e. Appoint Peter Loso to fill the cable commission vacancy created by the resignation of Nic Pitzen. f. Authorize the payment of the 2001 unused vacation at the 2001 rate for Judy Weyrens based on the letter from the City Attorney. g. Issue a one day outdoor liquor permit to the College of St. Benedict for an event to be held on October 12, 2002 between the hours of 6 PM and 11 PM h. Replace the existing computer in the EDA Office at a cost of $ 1,343. · The motion was seconded by Rassier. Ayes: Hosch, Ehlert, Schneider, Rassier Nays: None. Abstain: Loso Motion Carried 4:0:1 Department Head Reports - Police Chief Introduction of Part Time Officer: Chief of Police, Peter Jansky approached the City Council to introduce St. Joseph's new part time Police Officer Kevin Brown. Jansky stated that Kevin Brown currently works part time for the City of Albany and is currently in field training with Officer Jean Gustin. Jansky also reported that the second part time officer, Mathew Johnson, will be on staff as soon as the background check has been completed. ParkinQ on Minnesota Street: Jansky reported that he has been approached by some of the downtown business owners requesting the City limit parking on Minnesota Street in the downtown area (2nd Avenue Northwest to 151 Avenue Northeast). The business owners are stating that cars are parking all day on Minnesota Street, limiting access for residents wishing to shop downtown. Jansky requested the Council consider imposing a 2 hour parking limit on Minnesota Street in the downtown area between 8:00 and 8:00 PM. Jansky stated he has discussed this matter with the Public Works Director Dick Taufen, and he is supportive of the limited parking and is the process of determining the number signs required and the financial impact of such. Hosch expressed concern that limiting parking may negatively impact the rental units located in the downtown area. While the landlord is responsible for providing parking for the tenants, visitors may have difficulty finding parking. Jansky clarified the proposed parking limitation is only during the daytime hours and would not have an impact on evenings or weekends. · Loso questioned how the 2 hour parking will be enforced. Jansky stated that the Police Department would chalk tires and issue tickets if the vehicles are not moved. Ehlert questioned if the Police Department would allow a warning period during the conversion to restricted parking. Jansky stated that he would not be opposed to such and would use the St. Joseph Newsleader and student newspapers to inform residents of the change. Draft Page 2 of 7 Loso made a motion designating the Minnesota Street between 1st Avenue E and 2nd Avenue W as two hour parking between 8:00 AM and 5:00 PM. Evenings, weekends and holidays would be . excluded. The motion was seconded by Ehlert. Ayes: Hosch, Ehlert, Schneider, Loso Nays: Rassier Motion Carried 4:1:0 Public Comments to the Aqenda: No one present wished to speak. Minnesota Community Capital Fund (MCCF): Tony Goddard representing the Minnesota Community Capital Fund appeared before the Council to request participation in the Fund. Goddard stated the Minnesota Community Capital Fund is affiliated with the Northland Institute which is located in Minneapolis and is a freestanding non-profit corporation based on membership. Goddard stated the MCC Fund has been established to help economic efforts of municipalities. Legislative changes have reduced financing assistance that municipalities can offer new or expanding businesses and this fund will provide gap financing. At this time MCCF is seeking contributions of municipalities to originate the fund. Goddard stated the loan pool allows more lending ability to the communities investing in the fund as they can their make loans and get a 10 to 1 leverage benefit. A Second benefit of the MCCF is the loans are sold to the secondary market, reducing risk and allowing the funds to be replenished immediately. The administrative costs would be born by interest earnings pledged to the funds to cover the costs. The 2nd source of funds for the administrative costs is origination and other loan fees that are charged to the borrower. Goddard stated the MCCF is hoping to raise $2.5 million by October 31.2002. At this time Goddard requested the City of St. Joseph contribute $ 25,000 to the fund. Hosch stated the St. Joseph EDA has reviewed the request of MCCF and recommended Goddard appear before the Council seeking funding. . Hosch further stated that during a goal setting meeting, the number one priority was to establish a revolving loan fund. The MCCF would satisfy that goal and provide a greater lending power than a private revolving loan fund with only St. Joseph funds. ~ When questioned at what rates the loans are processed, Goddard responded that the interest rates are negotiable and the City has the ability to pay the points to reduce the interest further. The MCCF is intended to be gap financing when businesses cannot secure full financing from the bank. All the loans will be credit worthy and their will not be a risk to the City. Ehlert stated based on the information presented at this meeting, he understands that the City will actually process the loan application giving the City the opportunity to help a business rather than referring a business prospect to a financial institution. Ehlert questioned Goddard if his understanding is correct and how the Council will process the applications. Goddard responded the City will be involved in the process and a loan officer would assist the City with the application and processing. The Council agreed to review this matter further and make a final decision before October 31. 2002. Refinancinq - 1992 Water Tower and 1996 Water Filtration Bond Issue: Monte Eastvold of Juran and Moody appeared before the Council to present a refinancing opportunity of two outstanding bond issues. Issue Balance Current Rate New Rate Water Tower $ 145,000 5.6 to 6.1% 1.75 - 4.8% Water Filtration $ 645,000 5.1 to 6.1% 1.75-4.8% Eastvold stated that by refinancing, the City will save approximately $ 69,118 in interest payments with a net savings of $58,000. Eastvold stated the bond rates are at a historic low and they may drop lower and . the Council does not need to refinance the bond issues at this time. Hosch stated he is hesitant to delay the action in anticipation of lower rates as the savings to date are significant. Loso made a motion to approve the resolution providing for the issuance and sale of $ 810,000 General Obligation Water Revenue Bonds of 2002. The motion was seconded by Ehlert and passed unanimously. Draft Page 3 of7 · Loso made a motion to enter into an agreement with Juran and Moody to sell the $ 810,000 General Obligation Water Revenue Bonds of 2002 with a net effective interest rate of 4.4139%. The motion was seconded by Ehlert and passed unanimously. Kniqht Builders, Special use request - Office/lndustrial Warehousinq: Kevin Dierkhising, owner of Knight Builders, approached Council for issuance of a special use permit to allow the construction of a 4,000 square foot office/warehouse facility. Loso made a motíon to adopt Resolution 2002-_ approving the Special Use permit for Knight Builders to Construct a 4,000 square foot office/warehouse facility. RESOLUTION 2002-_ APPROVAL OF A SPECIAL USE PERMIT FOR KNIGHT BUILDERS TO CONSTRUCT A NEW FACILITY WHEREAS, Knight Builders has submitted a request for a special use permit for a 4,000 square foot office and warehouse facility, and WHEREAS, the applicant has submitted required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special use permit; and WHEREAS, the Planning Commission has reviewed the proposed site and building plans and recommended the City Council approve the special use permit with the contingency of final approval of the City Engineer. · NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The City Council does hereby grant a special use permit to Knight Builders for the construction of an office and warehouse facility, contingent upon the following conditions: 1. The City Engineer approves the drainage and elevation plan. The motion was seconded by Ehlert and passed unanimously. Von Mever Publishinq, Special use request - Rental in a B1 Zoninq District: Janelle Schneekloth approached the Council seeking issuance of a special use permit to allow a rental unit in a General Business Zoning District. Schneekloth stated that she is in the process of purchasing the Frieler Habben building on 1st Avenue NW for her business and would like to remodel the lower level to accommodate two rental units. Rassier stated that the matter came before the Planning Commission and they recommended approval provided that a total of eight off street parking spaces are provided. Schneekloth presented the Council with a revised parking plan, illustrating four parking spaces on the west of the property, current driveway, and four parking spaces on the north. The north parking spaces would abut Ash Street. Loso questioned the dimensions of the parking spaces on Ash Street. Schneekloth stated that each parking space would meet the minimum requirement of 9' x 22'. Loso made a motion to adopt resolution 2002-_ approving a special use permit to allow a rental unit in a B-1 General Business District. Resolution 2002-_ Approval of a Special Use Permit for Von Meyer Publishing to Allow a Rental Unit in a B1 Zoning District · WHEREAS, Von Meyer Publishing has submitted a request for a special use permit to allow a rental unit in the lower level of the property located at 32 - 1 st Avenue NW, a General Business zoning district, and WHEREAS, the applicant has submitted the required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special use permit; and Draft Page 4 of 7 WHEREAS, the public hearing was duly noticed and published with notices mailed to all property owners within 350 feet of the proposed assessment; and . WHEREAS, the Planning Commission has reviewed the proposed site and building plans as it relates to the St. Joseph Code of Ordinances and St. Joseph Comprehensive Plan, and WHEREAS, the Planning Commission is recommending the City Council approve the special use permit with the contingency that the property owner provide eight (8) off street parking spaces which are approved by the Public Works Director and City Engineer and the property owner completes the rental license application procedure. NOW THEREFORE BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The City Council for the City of St. Joseph does hereby grant a special use permit to Von Meyer Publishing allowing a rental unit in a B1- General Business District with the following contingencies: 1. The property owner will provide and maintain eight (8) off street parking spaces with four located on the existing driveway and four abutting Ash Street. The Ash Street parking spaces will be 9' x 22' and the location will be approved by the City Engineer and Public Works Director. 2. Completion of the rental license application process including inspection and repair. The motion was seconded by Rassier and passed unanimously. City Engineer Reports 2002 Assessment Hearinqs: City Engineer Joe Bettendorf requested the Council establish the assessment hearings for the 2002 Street/Utility Improvements. Rassier made a motion to set the following public hearings for the adoption of proposed assessments for street and utility improvements. . 1. SE Utility Extension - October 30, 2002 2. Business Park Improvements - October 3, 2002 3. County Road 121 - October 29, 2002 4. 2002 Interior Streets - October 30, 2002 The motion was seconded by Loso and passes unanimously. Generator Request - CR 121 Lift Station: Bettendorf requested the Council authorize the engineering for a generator for the CR 121 Lift Station. Bettendorf stated that he has been meeting with City staff to determine the best design for a generator. The City has the option of designing a generator that is fixed to the lift station or a portable generator. Loso questioned the cost difference between the fixed and portable generator. Bettendorf responded that he does not have that information at this time and will bring the information to the Council in October. 2nd Avenue NE - Improvement Area: Bettendorf requested clarification on the proposed improvements for a portion of a street on 2M Avenue NE. This section of street has never been improved and functions as a private alley. The property owner has previously requested the Council vacate the street or improve the road but later dropped the request. At this time the Council needs to make a decision if the road will be improved or maintained as a private driveway. The property owner is requesting the road be paved without curb and gutter. Bettendorf stated the City has a policy where all City streets are built with curb and gutter. Ehlert stated it is his opinion that when the City improves an area the entire area should be completed and that would include the section of street being discussed. However, Ehlert stated that he would be supportive of not constructing curb and gutter as the road will dead end and drainage should not be an issue. . Rassier stated it is his opinion that the Street being discussed should be constructed as a City Street to include curb and gutter. Bettendorf stated the City should be consistent with the policy regarding street improvement and if the area being discussed is a street then it should be constructed as such. Draft Page 5 of 7 Marlys Sebasky of 2nd Avenue NE stated that she is the only property owner that would be affected by . this improvement and she does not wish to incur the additional cost of curb and gutter. In her opinion constructing the road with curb and gutter does not make sense. Bettendorf clarified that the adjoining property owner would also be affected by the proposed improvement. Ehlert made a motion to reconstruct 2nd Avenue NE, north of Ash Street East without curb and gutter. The motion was seconded by Schneider. Discussion: Loso spoke in objection to the motion. Loso stated that the City has required all streets in the past to be reconstructed with curb and gutter and this road should be constructed in accordance with City policy. The City will be conducting a public hearing in October for the 2002 improvements and many residents in the proposed area did not wish curb and gutter either, but the City followed the established policy. Bettendorf expressed concern that if the City deviates from the established policy current projects may be challenged, creating a financial impact to the City. Ehlert stated that since 40% of the project cost is absorbed by the City, not placing curb and gutter in this section would be a benefit to the City. Further, Ehlert stated that he has always supported looking at unique situations and making a decision based on the facts presented. Cathly Salzer of 5th Avenue NE stated that she was opposed to curb and gutter when Eastern Park was reconstructed but the residents were informed that it was City policy to do so and the project was completed. Salzer encouraged the Council to be consistent in decision making. Hosch stated that he values consistency and it is his opinion that the City needs . to construct the section of 2nd Avenue NE north of Ash Street according to City standards. Mayor Hosch made a motion to table this matter to September 9, 2002 giving the City Engineer an opportunity to meet with the other property owner that would be affected by this improvement. The motion was seconded by Schneider and passed unanimously. (Note: A motion to table takes precedence therefore the first motion is not acted upon.) East Baker Street Hearinq: Bettendorf stated School District 742 and the College of St. Benedict have waived their rights to a public hearing for the improvement of East Baker Street. Both property owners have indicated they are acceptable to the proposed assessment and requested the City move forward with the improvement. Rassier made a motion to adopt resolution 2002-_ Ordering the Improvement and Preparation of Plans for the improvement to East Baker Street between College Avenue South and 1st Avenue Northeast. The motion was seconded by Ehlert and passed unanimously. Resolution 2002 . Ordering Improvement and Preparation of Plans East Baker Street between College Avenue South and 1st Avenue NE WHEREAS, the abutting property owners of real property on East Baker Street between College Avenue South and 1st Avenue NE have waived the right to a public hearing for the improvement of street, curb and gutter, and . WHEREAS, pursuant to a resolution of the City Council adopted on August 21, 2002, a report has been prepared by Joe Bettendorf of SEH with reference to the improvement, and this report was received by the Council on the 2151 day of August 2002; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH MINNESOTA: Draft Page 6of7 1. The Council finds and determines that said waiver was signed by all owners of real property abutting upon the streets named as the named location of the improvement. . 2. Such improvement is hereby ordered as proposed in the Council resolution adopted this 5th day of September 2002. 3. Joe Bettendorf of SEH is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. County Road 75 Proposed Pedestrian Overpass: Bettendorf reported that he has researched the potential of constructing a pedestrian overpass over County Road 75. Based on a recent project completed in another municipality the estimated cost of such a project is 1.8 Million. In reviewing the intersection of County Road 75 and College Avenue, there is not enough room to construct an overpass as it has a height of 17 feet and the grade to the top can only be at 5%. If an overpass is constructed it would need to located east of College Avenue closer to 4th Avenue NE. The Council questioned Bettendorf about the possibility of constructing an underground tunnel. Bettendorf stated that underground is costly as well and presents some security and safety issues. In his experience people are more apt to use at grade crosswalks. The Council concurred that it is not economically feasible to propose construction of an overpass with the one half cent sales tax. Northland Drive: Ehlert questioned Bettendorf as to the status of the repair on Northland Drive. Bettendorf stated that they have finished pouring the concrete base and a final lift of asphalt will be placed over the patched area. Department Head Reports - Public Works . Water Loss Update: Taufen appeared before the Council to update the Council on the water loss for the year 2001. Taufen stated that municipalities are required to account for 90% of all water pumped through the municipal wells. Over the past fìve years the City has not been able to account for the required water and the DNR is requesting that before a permit is issued in 2003 the City meet the mandated requirements. Taufen stated that he has been working on resolving the problem and has been unable to do so at this time. In an effort to help isolate the problem, an engineer from SEH has been reviewing the system with Taufen. As of this time all the well meters have been cleaned and calibrated. As that did not resolve the issue, new check valves are being ordered. Taufen agreed to report back to the Council when more information is available. Rassier and Ehlert questioned the ballpark irrigation system and if it would be economical to drill a well for watering Memorial Park. Taufen stated that the water for the irrigation system is linked with the drinking water and if a well is drilled a separate system would need to be created. Bettendorf stated that water from a well contains large amounts of iron and any structure or area touched by the water would turn red. Water Tower Liqhtinq: Taufen reported that the time clock for the water tower lights is not functioning and needs to be replaced if the lights are to be set on a timer. Currently the water tower lights are lit from dusk to dawn and do not require a timer. The only time a timer is required is if the lights are to be lit for a specific time such a 9:00 PM to 2:00 AM. The Council concurred the intent of the lighting is from dusk to dawn and agreed to not replace the timer as requested by Taufen. City Hall Sprinkler System: Taufen reported the sprinkler system in front of City Hall is located too close to the sidewalk and as the sidewalk is being replaced it would be reasonable to reset the sprinkler system. Taufen stated that moving the sprinkler heads back two feet would alleviate future problems. The Council informed Taufen to contact the sprinkler system company and move forward as he . recommends. Maintenance Facility - Storaqe of Equipment: Taufen reported the Legion has notified the City that the former Stueve's Garage building will be demolished in the beginning of October and the City will need to move the equipment stored inside. Taufen stated that he contacted Hettwer Reality regarding the Draft Page 7 of 7 possible leasing a portion of the former Schroeder Sports facility but it would cost prohibitive and they are · requesting a long term lease. Ehlert questioned if there is available space at the Fire Hire for temporary storage. The maintenance facility bids are scheduled to be opened on September 16, 2002 with construction beginning on September 23. Therefore the City would need temporary storage for two or three months. Loso suggested using the former fire hall for storage temporarily. The Council requested Taufen meet with the Police Chief and Fire Chief to see if they have any open areas that could be used for temporary storage. Administrator Reports Chamber Dues: Weyrens stated the City has received the annual dues notice for the St. Cloud Chamber of Commerce and questioned if the Council is intending to renew their membership for the year 2003. Hosch requested the Council not take action on this matter until he has an opportunity to meet with the St. Cloud Chamber President. Affordable Housinq: Weyrens reported the City received a response from the St. Cloud City Attorney regarding the proposed Affordable Housing Ordinance. The drafting committee has meet since the response from the St. Cloud City Attorney and have prepared a second draft. This matter will be coming back to the Council shortly for review and comment. 2002 Proposed Budqet: Weyrens requested the Council establish a meeting to finalize the proposed budget for 2003. The Council established Monday September 10, 2002 at 4:30 PM as a special meeting to finalize the 2003 proposed budget. Adjourn: Loso made a motion to adjourn at 9:15 PM; seconded by Ehlert and passed unanimously. · Judy Weyrens Administrator I Clerk · Draft Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of 81. Joseph met in regular . session on Thursday, September 19, 2002 at 7:00 PM in the 81. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. Administrator / Clerk Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf and Public Works Director Dick Taufen. Others Present: Dan Schmitz, Joe Houseman, Chuck Black, Holly Tisoner, Molly Vogel, Merdith Lee, Molly Staehnke, Katie Mcintyre, Dean Wick, Ross Rieke, Amanda Macht, Dave Theisen, Jerry Hettwer. Approve Aqenda: Loso made a motion to approve the agenda with the following additions: 10 (e) Sidewalk on College Avenue; 11 - Fire Chief Reports; 12 - Mayor and Council Reports; 13 (a) Establish Truth in Taxation Hearing date; and deletion of 5 - Delinquent Utility Bill Hearing. The motion was seconded by Ehlert and passed unanimously. Consent Aqenda: Loso made a motion to approve the consent agenda as follows: a. Bills Payable -Approve check numbers 31750 - 31819 b. Minutes - Approve September minutes c. Liquor License Transfer-Issue an On Sale Intoxicating and On Sale Sunday Liquor License to Mueller Entertainment Inc. d.b.a. Del Win Banquet Center and waive the fee as this property has been annexed and the County will not reimburse the liquor license fee paid by the owner. d. Street Sign Purchase - Authorize the purchase of 26 signs and 50 post for the 2 hour parking limit on Minnesota Street between ~d Avenue NWand 1st Avenue NE at a cost of $ 1,465.90 e. Service Agreement, Stearns County - Authorize the Mayor and City Administrator to . execute the Service Agreement for the Automated Public Service System and authorizing the payment of $ 10,000 for the years 2002 and 2003. The payment is paid in full through the COPS MORE Grant. f. Minnesota Investment Fund - Adopt the resolution authorizing participation in the Minnesota Investment Fund for the Vic West Steel Project. The motion was seconded by Ehlert. Ayes: Hosch, Ehlert, Schneider, Rassier Nays: None. Abstain: Schneider Motion Carried 4:0:1 Noise Violation - Dan Schmitz. 109 6th Avenue SE: Dan Schmitz, property owner of 109 - 6th Avenue SE appeared before the Council regarding an alleged noise violation that occurred on August 27,2002. Schmitz stated that he is not disputing the noise violation and is not requesting an evidentiary hearing. Loso made a motion to acknowledge that a noise violation did occur on August 27,2002 at 109- 6th Avenue SE. The motion was seconded by Rassier and passed unanimously. Loso questioned why an evidentiary hearing had been scheduled and cancelled. Schmitz stated that the tenants involved in the noise violation questioned some of the statements on the police report. Since that time the tenants have had the opportunity to meet with the Police Chief and as a result withdrew their request for an evidentiary hearing. Tenants Joe Houseman and Chuck Black approached the Council confirming the statement of Schmitz and stated the financial cost of an evidentiary hearing was also a deciding factor in withdrawing the request for a hearing. Hosch questioned Schmitz as to what he does as a landlord to prevent Ordinance violations. Schmitz responded that he monitors his property on a routine basis every weekend. Further his lease includes penalty provisions and eviction results from a second violation. Schneider clarified that the property in . question does not have a history of noise violations. Hosch expressed concern with the amount of time that had lapsed before the tenants responded to the Police. According to the police report it took 25 minutes for the tenants to open the door for the Police Officers. Hosch stated that when the Council reviews noise violations the severity of each violation is considered as well as the cooperation with the Police Department. Draft Page 2 of 8 Hosch made a motion to assess the property of 109 - 6th Avenue SE the administrative fee of $ 150.00 for the noise violation that occurred on August 27, 2002. In addition the property owner . will be assessed an additional $ 500.00 fee that will be stayed provided that no same or similar violations occur on or before May 31,2003. The motion was seconded by Ehlert and passed unanimously. Maintenance Facilitv Bid Results: Dean Wick of Outsource Management appeared before the Council to present the bid tabulation for the 2002 Maintenance Facility. Wick stated that bids were opened on September 16, 2002 at 4:00 at which time four bids were received. The bids are as follows: Shingobee Builders $ 381,750 MC Builders $ 407,500 Gopher Contractors $ 421,654 Ebert Construction $ 456,600 Wick recommended the Council accept the low bid of Shingobee Builders, adding the demolition cost of $ 12,400 and adding a five percent contingency for a total cost of approximately $ 414,000. Wick stated the original estimate for the building was $ 293,000. However, over the past month the building committee revised the project to include new fixtures and wiring. It was the feeling of the Committee that retrofitting existing fixtures and plumbing would not be prudent. Hosch expressed concern with moving forward due the increased costs and requested the Council consider waiting until Spring to construct the facility. Ehlert stated the Building Committee has spent a considerable amount of time on this facility and before rejecting the bids would like the opportunity to review the proposal to see if changes can be made to reduce the cost. Rassier stated that he was unaware the building had changed and before he can vote on this matter he would like to see the revised plan including how the project will be financed. Weyrens reported that she has discussed financing with the First State Bank of St. Joseph and they would be willing to finance the . facility using the lease back purchase method. The financing would be similar to equipment certificates and would extend for five years at an average rate between 3.5% and 3.6%. Loso made a motion to table action on this matter until September 23, 2002. The motion was seconded by Rassier and passed unanimously. Lakeville Motor Express (LME Truckinq): Jerry Hettwer, representing LME Trucking, approached the Council for approval to develop a portion of Lot 1 Block 2 Buettner Business Park. Hettwer stated that LME is a trucking transit terminal that is requesting to construct an 8600 square foot building consisting of 24 truck bays and an office area. Hettwer requested the Council authorize the splitting of the north 6.34 acres of Lot 1 Block 2 Buettner Business Park. Weyrens clarified that the EDA and Planning Commission have reviewed this request and have recommended the Council approve the requested lot split. Rassier made a motion to adopt resolution 2002-_ granting approval of the re·subdivision of Lot 1 Block 2 Buettner Business Park. Resolution 2002-_ Granting Approval of the Re-Subdivision of Lot 1 Block 2 Buettner Business Park WHEREAS, Hettwer Reality has submitted a request to re-subdivide Lot 1, Block 2 Buettner Business Park, and WHEREAS, the re-subdivision would result in two lots measuring 6.343 acres and 3.00 acres in size; and WHEREAS, Section 54.3, Subdivision Ordinance provides for exceptions from the formal platting process for the re-subdivision of lots provided full compliance with the platting procedure is not needed to meet the purposes of the ordinance; and . WHEREAS, the Planning Commission and City Council have reviewed the proposed subdivision and has found the lot split to comply with minimum design and improvement standards; and WHEREAS, a registered land surveyor's certification for the proposed subdivision is required. Draft Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH THAT: · The re-subdivision of Lot 1, Block 2 is in compliance with the Subdivision Ordinance and exempt the applicant from the formal platting procedures, contingent upon the following conditions: 1. That a certificate of survey be completed and the approved monuments/markers be installed at the new lot corners resulting from the re-subdivision of Lot 1, Block 2 by a registered land surveyor. The motion was seconded by Ehlert and passed unanimously. Hettwer present the Council with the proposed site plan for the new trucking facility. The proposed site plan includes constructing a berm and planting a tree line along County Road 133 and 15m Avenue SE. In addition the fencing on the north and west side will be slatted. The EDA and Planning Commission have reviewed the plan and recommended approval with the following contingencies: 1) completed certificate of survey; 2) submittal of topography drawings with storm water and approval of the City Engineer; 3) Architectural metal must have a 20-year manufacturer color fast warranty; 4) Screening of the refuse container; 5) Installation of B-618 curb at the curb cut locations; 6) lighting plan. Hettwer questioned if the refuse container needs to be screened separately from the screening that is provided around the perimeter. The Council agreed to not require separate screening for the refuse container provided that the perimeter screening hides the refuse container. Bettendorf stated he has reviewed the revised site plan and has two concerns. First, in reviewing the plan it appears as the landscaping on the north and west is located in the easement area. The City has an Ordinance prohibiting such. Hettwer agreed to review this matter and have the plan revised if necessary. Secondly, the drainage appears to have changed. The majority of surface water must drain to the retention pond. Hettwer agreed to have Duffy Engineer review this matter. · Rassier made a motion to adopt Resolution 2002-_, conditional approval of the site plan for LME Trucking to develop 6.343 Acres of Lot 1 Block 2 Buettner Business Park. The motion was seconded by Ehlert and passed unanimously. Resolution 2002-_ Conditionally approving the Site Plan for LME Trucking to develop 6.343 Acres Lot 1 Block 2, Buettner Business Park WHEREAS, Hettwer Reality has submitted a request for site plan approval for a 8,600 square foot trucking facility on the north 6.343 acres of Lot 1, Block 2, Buettner Business Park, and WHEREAS, the applicant has submitted the required site and building plan for review; and WHEREAS, Section 52.14 of the Zoning Ordinance outlines general requirements; and WHEREAS, Section 52.23 of the Zoning Ordinance outlines zoning regulations relating to the light industrial district; and WHEREAS, the Planning Commission and St. Joseph EDA have reviewed the proposed site and building plans. NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The St. Joseph City Council does hereby approve the site plan for LME Trucking to develop the north 6.343 acres of Lot 1, Block 2 Buettner Business Park, contingent upon the following: 1. Submittal of topography drawings with storm water plan review and approval by the City Engineer. 2. Evidence that the architectural metal has a 20-year manufacturer color-fast warranty. · 3. Installation of B-618 curb at the curb cut locations; and 4. The arrangement of lighting to deflect away from County Road 133 and 15th Avenue N E. US Armv Reserve. Special Use and Variance Reauest: Katie Mcintyre of RSP Architects appeared before the Council representing the US Army. The US Army is requesting a special use permit to allow the construction of a maintenance facility in a B2 General Business District and the following variances: 1) Landscaping; 2) Fence Screening; 3) Parking Lot Standards. Draft Page 4 of 8 Rassier reported the Planning Commission has reviewed the request of the US Army and recommended the Council approve the Special Use Permit. The building meets and exceeds the exterior requirements . of the B2 Business Zoning District and will be a nice addition to the City. Rassier clarified that had this property not been annexed to the City, it would not have had to meet the exterior requirements and aesthetic requirements such as landscaping and parking lot pavement. Rassier made a motion to adopt Resolution 2002-_, issuing a special use permit to the US Army for the construction of a maintenance facility in a B2 General Business Zoning District. Resolution 2002-_ Issuing a Special Use Permit to the US Army for the Construction of a Maintenance Facility WHEREAS, RSP Architects, acting on behalf of the US Army, submitted a request for a Special Use Permit to allow a maintenance facility in a B2 Highway Business District, adjacent to 88th Avenue, and WHEREAS, the applicant has submitted the required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance outlines the requirements for the issuance of a Special Use Permit; and WHEREAS, the public hearing was duly noticed and published with notices mailed to all affected property owners within 350 feet of the proposed project; and WHEREAS, the Planning Commission has reviewed the proposed site and building plan as it relates to the St. Joseph Code of Ordinances and St. Joseph Comprehensive Plan; and WHEREAS, on September 16, 2002 the Planning Commission recommended the City Council approve the Special Use Permit as presented unconditionally. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ST. JOSEPH, . MINNESOTA THAT: The City Council does hereby issue a Special Use Permit to the US Army for the construction of a maintenance facility in a B2 Highway Business Zoning District. - The motion was seconded by Loso and passed unanimously. Fence Variance: The US Army is requesting a variance from the provision requiring screening on all fencing. The request is based on the anti-terrorism policy that requires visibility of all military equipment. Rassier stated the Planning Commission recommended approval of the variance based on the anti terrorism policy. In addition, the Planning Commission required the US Army to move the building back from 88tli Avenue to allow landscaping, meeting the anti terrorism policy. Ehlert made a motion to grant a variance to the US Army, allowing unscreened fencing around the perimeter of the US Army Maintenance Facility. The motion was seconded by Loso and passed unanimously. Parkinq Lot Standards Variance: The Army is requesting relief from the Ordinance provision that requires all parking lots to be paved. Rassier stated that Planning Commission did review the parking lot and requested that the area from 88th Avenue to the back of the concrete apron by the office be paved, with the understanding that the remaining parking lot area would be paved before the Reserve Center is constructed. Weyrens presented the Council with an opinion of the City Attorney whereby the Variance could be approved conditionally, requiring the parking lot to be paved within a specified period of time. If the area has not been paved within that time frame, the City could pave the area and assess the cost back to the property owner. Ehlert stated that he would be willing to relieve some of the parking lot requirements if the property owner would agree to plant trees along the north fence line. Ehlert stated the purpose of the B2 Zoning Ordinance is to provide aesthetics along County Road 75. In his opinion the . maintenance facility as presented, without any screening would be in contradiction to the Ordinance. Ehlert stated he would prefer to move the proposed tree line along 88th Avenue to the north property line as the front of the building has an attractive front and does not need screening. Mcintyre stated that the US Army does not have the available funds to pave the entire parking lot or a portion thereof. The area required by the Planning Commission to be paved exceeds $ Draft Page50f8 70,000. Mcintyre further stated that the equipment that will be stored at the facility is large .. equipment that is difficult to move. Therefore, slow moving vehicles will not create a dust issue. Ehlert made a motion to grant a variance to the US Army requiring only the west 82' x 365' feet of the parking lot to be paved. The area must be paved on or before November 1, 2005. If the area is not paved the City will pave the area and assess the cost back to the property owner. The motion was seconde~ by Loso and passed unanimously. Landscapinq: Ehlert stated that his prior motion relieving some of the paving requirements correlates to the need to add landscaping to the north side of the property. Therefore, Ehlert made a motion to grant a variance to the US Army requiring only the north and west side of the maintenance facility project to be landscaped. The landscaping on the north property line must be similar to the west side landscaping that is illustrated on the submitted plans. The motion was seconded by Loso. Ayes: Hosch, Ehlert, Loso, Schneider. Nays: Rassier Motion Carried 4:1:0 US Armv Site Plan Review: Ehlert made a motion to approve the site plan for the US Army with the following contingency: 1. Before a building permit is issued, the US Army must present a revised site plan illustrating the landscaping on the north side of the property. 2. The Building Permit will include a provision that requires the parking lot area discussed above to be paved on or before November 1, 2005. The motion was seconded by Loso and passed unanimously. City Engineer Reports . Storm Sewer. Birch Street West: City Engineer Joe Bettendorf requested the Council consider adding storm sewer to the north/south alley located between College Avenue North and 151 Avenue NW. This alley has a history of standing water and drainage issues. The project can be completed with the 2002 Street Project and is anticipated to cost $ 13,713. Bettendorf presented the Council with a summary of the contingency funds for the 2002 Street Project illustrating the project will be covered with existing funds. The project consists of adding four catch basins, two in the alley on one on each side of Birch Street. In reviewing the summary of the 2002 Street Improvement contingency, the Council questioned the additional costs for traffic control. Bettendorf stated that additional signage is required when 2nd Avenue NW is closed. Truck traffic will have to be routed to College Avenue and marked appropriately. Bettendorf stated that he can review the signage to see if the fees can be reduced. The Council agreed that safety is the most important factor in placing the signs and was not opposed to the additional fees. Rassier made a motion to add catch basins to the north I south alley south of Birch Street West as recommended by the City Engineer at a cost of $ 13,713. Funding for the project will be deducted form the contingency funds for the 2002 Street Improvement project. The motion was seconded by Ehlert and passed unanimously. Assisted Livinq Drainaqe Issue: Bettendorf reported that when the Assisted Living facility was built the drainage from the building caused damage to the holding pond. At the time of construction the property owners were contacted and required to install a catch basin and culvert. While the property owner did comply with the request of the City, the pond still needs to be repaired. The Council agreed that since the damage was a result of the Assisted Living Facility they will be responsible for repairing the holding pond. Bettendorf will contact the property owner to discuss this matter and come to resolution. . Schneider Baseball Field - Memorial Parkinq Lot: Ehlert stated that the parking lot near the Memorial Park Concession stand is in dire need of replacement and questioned if the City could pave the area using the contingency funds of the 2002 Street Improvement. Loso stated that it is his understanding that the area being discussed must be reconstructed, not overlayed. Bettendorf stated that he could review the parking lot and it may be able to be milled and overlayed. Draft Page 6 of 8 Schneider stated the parking lot at Millstream Park near the concession stand is also in need of overlayment and questioned if this too should be considered. Ehlert stated that he questioned the · parking lot at Memorial Park as the 2002 Street Project is adjacent to this area and felt it would be most economical to improve the area when they are close. Loso stated that Monument Park also needs paving and with the installation of sidëwalk this year, the project could be finished if it were paved. East Baker Lift Station: Bettendorf requested the Council extend the completion date for the East Baker Street Lift Station. Bettendorf stated that the panels for the lift station are fabricated and have been taking a long time to receive. The contractor cannot proceed until all the parts are ready. The original completion date was the middle of September. In additional to delaying the completion date, Bettendorf is recommending that the City delay the pouring of the concrete pads until spring of 2003. Waiting until spring will assure the ground is stable and the compaction was complete. Bettendorf stated that once the project starts the City may receive complaints due to the noise of the generator as they will be running all night. Loso questioned if the pumps have to be set out in the streets or could they be put out in a field. Bettendorf stated that they will be located on the street with a hose that runs the water to Baker Street and then down to the holding pond in Klinefelter Park. Loso made a motion to extend the completion date of the East Baker Lift Station until mid October as requested by the City Engineer. The motion was seconded by Ehlert and passed unanimously. County Road 121 Proqress Report: Bettendorf stated the County has notified the contractor, Bauerly Brothers that they are in default and need to correct the progress of their underground subcontractor and have 10 days to respond. Bettendorf feels this project will not get done on time and that it will take two very good crews to finish this project. Sidewalk on Colleqe Avenue: Bettendorf stated he is aware of the concerns regarding the slope of the sidewalk on the northwest corner of Minnesota Street and College Avenue. He along with the the Field Representative have measured the slope and will be working with Stearns County to correct the problem. · The greatest slope is located near the driveway for Gary's Pizza. Field StreeUCallawav Street: Bettendorf reported that he met with representatives of School District 742 regarding the potential street design of Callaway Street east from County Road 121. Bettendorf presented the Council will an illustration that relocates Callaway Street to the northern boundary of the property owned by the College of St. Benedict, adjacent to the property owned by District 742 (Kennedy School). This proposal has not been submitted to the College of St. Benedict as we are awaiting a response from the School District. Bettendorf stated he would report back to the Council after the School District responds. Department Head Reports - Fire Chief Fire Truck Accident: Theisen reported that while working on the old ladder truck at the Fire Hall, the ladder was not lowered before the vehicle was backed into the fire hall. Therefore, the ladder hit the fire hall causing minor damage to the building and truck. Damage to the building is estimated at $ 500 with the truck damage estimated at $ 2,000. The accident has been reported to the insurance company and they will be reimbursing the City for damages. Theisen stated that before this truck can be sold the City will need to have the truck certified. This fee is part of the $ 2,000 in truck damages. The City advertised the truck for sale with a closing date of August 30, 2002. No bids were received, therefore the Fire Board agreed to list the truck with a consignment agency. Burninq Ordinance: Theisen expressed frustration that the Council amended the Burning Ordinance without first consulting the Fire Department. Ehlert stated that the Council was not trying to circumvent the Fire Department. The Council was reviewing nuisance Ordinances at a recent meeting and the Police Chief brought this matter before the Council. Ehlert stated that he has received calls on this matter as people receive different answer when asking if they can have a bonfire in the City. Hosch stated that Council was trying to clarify the Ordinance not change the Ordinance. Theisen requested that in the · future the Fire Department be contacted before changing Ordinances that affect his Department. Fire Hall - Storaqe Space: Theisen questioned the City Council on a recent request that the Fire Hall be used for temporary storage of maintenance equipment. Theisen stated that the Fire Hall is jointly owned by the Township and they must be consulted on decisions regarding the use of the building. Theisen Draft Page 7 of 8 stated that he did discuss the matter with Township Supervisor Joe Bechtold who stated that the · Township has equipment that they would like stored, do they have the same privileges? Loso stated that the Council requested the Public Works Director to meet with the Fire Chief and Police Chief to see if any open space existed for temporary storage. Loso stated that it was his understanding that the Safe House stored in the Fire Hall was only a one year commitment and questioned if that space couldn't be utilized. Theisen stated that the commitment for storage of the Safe House was not for only one year and even if that space were available it is a relatively small area. Theisen stated that the City and Township have invested a lot of money into the floors in the Fire Hall and he would want to make sure what type of equipment would be stored in the Fire Hall so that the floors are not damaged. Rassier stated that the Council was not directing that equipment be stored in the Fire Hall, rather, the Department Heads were to meet and see if any space was available. Hosch stated that it is his understanding that the Fire Hall is a Community Fire Hall and felt that if it would be agreeable to everyone, the City could use a portion for short term storage. The need has arisen as the City has been informed that all the equipment needs to be removed from the Stueve's Garage Building. Ehlert stated that he had contacted Jerry Heim regarding the short term storage of equipment in his sheds. Heim is agreeable to such and Taufen should meet with Heim to review the space. Loso stated that he also has contacted a party regarding short term storage and has additional space if needed. Ehlert stated that he would be willing to meet with Theisen and Taufen to discuss this matter further. Theisen stated that the Council needs to be aware that a minimum distance must be maintained around each vehicle as per OSHA standards and questioned if the minimum distance could be met with the additional equipment in the facility. Mavor Reports: Hosch reported that he will be attending the funeral of Sartell Council person Pauline Carlson who died in a car accident. · Council Reports SCHNEIDER Water Splash Park: Schneider reported that he has received a video from a company who designs and installs water splash parks. This video will be aired on the public access so that residents can learn more about the park before voting on the sales tax questions. EHLERT Temporary Storaqe: Ehlert reported that Jerry Heim has agreed to provide temporary storage for City equipment at a cost of $ 425 per month. Ehlert stated that the City will have approximately 3200 square feet of storage. LOSO - No Report RASSIER Comprehensive Plan/Ordinance Update: Rassier reported that the Planning Commission is in the process of reviewing the Zoning Ordinances and are continuing to work with Municipal Development Group in the updating of the Comprehensive Plan. Administrator Reports Truth in Taxation Hearinç¡: Weyrens requested the Council establish a date for the Truth in Taxation · hearing that is required in December. The Council established December 4, 2002 at 7:00 PM as the Truth in Taxation Hearing. If the hearing needs to be extended on December 4 , it will be re-convened on December 19, 2002. 2002 Business Park Assessment Hearinç¡: Weyrens reported that the City Engineer is requesting the Council postpone the 2002 Business Park assessment hearing from October 3,2002 to October 17, Draft Page 8 of 8 2002. Rassier made a motion to re-schedule the 2002 Business Park Assessment Hearing to October 17, 2002 at 7:00 PM. The motion was seconded by Schneider and passed unanimously. · Adjourn: Loso made a motion to adjourn at 9:15 PM; seconded by Ehlert and passed unanimously. Judy Weyrens Administrator / Clerk · · "'SeJ 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302·1717 320.229.4300 320.229.4301 FAX architecture . engineering . environmental . transportation · September 26, 2002 RE: S1. Joseph, Minnesota 2002 Street & Utility hnprovements SEH No. A-STJOE 0204 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of S1. Joseph P.O. Box 668 S1. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No.2 for this project. · We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: R. L. Larson Excavating, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. Sincerely, ~'ß~ Amty B. Schaffer, P.E. Project Manager djg Enclosures c: Joe Bettendorf, SEH (w/enclosure) W:\sljoe\0204\specs\APL-O.doc · Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer NN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 -... -... 0- 0 0 0 LO 0 0 0 0 I'-- LO 0> 0 0 0 0 a: a: I"-C') Ó Ó Ó Ó Ó ~ u) CÒ Ó ...; CÒ ...; Ó Ó Ó Ó N,.... !- 0 CL -... -- 0 LO 0 0 ,.... 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C!J (!J ~ ~ _:::æ 0 . ::¡ ~ ~ :¡e¡5lczzz < S 0 a: . a. 0 Z Z w ':æl~ « « « a: ¡..; m Co) ~ Co a:: i= 0 I- ~:o :t: :!: ::I: go=- W p.. 4 a. 0 U - øl.... 0 U {,) ;:00 ~ en a:: < ~5æ 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture . engineering . environmental . transportation . September 26, 2002 RE: St. Joseph, Minnesota 2001 Northland Plat Five A-STJOE 0105 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members ofthe City Council: Enclosed please find Application for Payment No.6 for this project. . We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: L~rsoI! Excavating Contractors, Inc. . SEH City of St. Joseph If you have any questions, please feel rree to call us. Sincerely, ~~<r~.' f // "', ". 'h ( cŸ~ ~~ R. Bettendorf, P.E. !) 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Box 246 St. Cloud, MN 56302 . 320~255-6180 Fax 320-255-6186 INVOICE NO: 109-02 DATE: September 27, 2002 To: City of St. Joseph Judy Weyrens, Clerk/Administrator PO Box 668 St. Joseph, MN 56374 CP 121-00-31; County Road 121 Reconstruction QUANTITY DESCRIPTION UNIT PRICE AMOUNT Bill No.2, City of St. Joseph $376,535.77 SUBTOTAL SALES TAX SHIPPING & HANDLING TOTAL DUE $376,535.77 flake all checks payable to: Stearns County Highway you have any questions concerning this invoice, contact Mark Plantenberg, Office Manager 320-255-6180 THANK YOU FOR YOUR BUSINESS! CP 121-00-31; County Road 121 Reconstruction · City of S1. Joseph; Bill NO.2 Right of Way City Share of Right of Way (to date): $ 118,430.77 Appraisal Fees (to date): $ 4,404.00 Subtotal: $ 122,834.77 Construction Costs MSAS Funds (SAP 233-107-01): $ 60,494.00 (Job 2059) City Costs (County Non-Participating): $ 398,347.68 (Job 2063) City Portion of CSAH 2: $ 2,532.50 (Job 2061) 33% of Storm Sewer: $ 23,289.09 (Job 2062) Subtotal: $ 484,663.27 Total City Costs To Date: $ 607,498.04 Less Amount Previously Paid: $ 230,962.27 TOTAL AMOUNT DUE: $ 376,535.77 · · ~. September 20, 2002 . Ms JudyWeyrens City ofSt Joseph Re: Street lighting for Graceview Estates Ms Weyrens A preliminary lighting design for Graceview Estates in Joseph has been completed. It consists ofSeyen (7)100W Cobrahead lights on 30' Fiberglass poles with 4foot Arms. As in the past Stearns has allowed two payment options for the construction of facilities. Regardless ofthe payment option chosen a usage charge will also apply. Option One: The first option is to pay a one-time aid to construction charge in the amount of$4770.00 for the 7 lights. . Option Two: The second option is to pay a monthly facility charge for each light in the amount of $11.50 per month per light payable as long as the facilities exist. Usage/Maintenance Charge: The monthly usage charge for each 100 watt HPS light will be $6.25. Sketch: , EAST BN<ER 51 ;~~/\. ~~{~Ù~J\^:;~~;;;: ... i¡~"· ::,;,:::, .. :;:.~l/!L:Ú·" '"!fZ~:~~: ~ ;y;'~:~~"::&~::.t~·,\ESTATES i ~Q" . .:.. ::::: , .,........ ......; ..,......,. / " :..;. , - ~~"";~:~JOSEPH . . - . . .:.........;- ~_. " ~ .' }...._- : <"I. ~:_,,~ : 1 ./ If you have any questions please do not hesitate to call. Sincerely, . Gerald Marthaler Operations Engineer . I -. ::I~ ::1/\ \j H lL _ . ^ 15\ ill (f) I ~ I~ \ - w ~ :r \! .<' > L- W --~-'\-- ~ \ . ;' I A \ r- ~ ' \ \ !i. "...-\ , \ \ -'-' -"" ',.' \ W ~ if) , \ " ,.--,> ~nr-r .' ¡ 'r-: , I, \. ~""'~r-:' .'\ f: \ "O'Ô) , lO '. ",.,- \ ¡ Ü 0 '.-<, P) n .1./ \ I A" U) " "'----1 -" ,'\ _/' I...... "",_. " I ¡è, ''''''''', "" W r, J , '-_.-'] ("'"'' u... i , I I Q '-. rn I I I ___, .-----11" ¡.'---jr,; \.- v -~. I f- ~'--,- i::¡:, -,; --- ~.. I ( >.",.. \ ~- .<¡c \ ... (I"'. ~ [., · -T' , n , V) í--- ·\R) I ---'.~ 51 '1"-' 1\ \ I /J ,\. ¡' ,'. '-" ,'~ I \ I.¡, ~ ./ \. : rf i " -__.1"* \ 1".-...., ?', i '_ . -...ç"'i " .. ~', N ,_' ._, _ , L--", ,. , , \ _ c ,. , "_./ ,.', ,~ , ' ,-, , -"" '" k cr, .. "v / \ ¡ ,', '. ~ ~~~_ t~~~ ~ lli" ~¡Xr L~,~/~::,,~A,\ ~ t- k .,1 j ! ~ « L---{: ......_" _ /'<.'" _. lIJ, I" , , '. / f- \ _",.'i' i~ (.._. UJ I" 'I¡,I q I , _"'" « 'i..." - _ "<---; õ5 _', "'" W ',,' 1" ;--'1---¡ ;:L-j . ,--.-'t,-, .._'~ J·r1' ~ \ I 1/', >-¡;:7~'---;,"r-;"\," ",/ 1 i,j ,.. i I ) \ \, 1____ , " i ,'0 \ ,_ 'I. '-" . I X"'.-=.-, , '-'i- : ,_, í _ , '-. ,---~.. """~ [>:. I '. I i I 112 r', -~.._ I 1/ ¡ " '-" ) _ " / '>-"-¡ ¡ , ì -->-- ".. -, I I 'I "'. __' .....'.' /J[ I U. '-'1) ;:: ~ t_." -/' If I ), /" '. / , .. C ' , , -", ..-' ~ ~ ,., 1 lì "j " L-1 !, . WI! ~ cõ / ~ ,_____ /II 3S3A'V H It ---rii\--.( 10\ I /':, /) / ¡ ¡ ! .. [ ", 'n' ~ i '\ '-.!, I " / ;1 ..~ i r,_ i lL,I... . ! ) ¡'! n','- 'm." , " I ''', , _, \ "" - I '\ I ("'" ,", '" "', 1'-- I. to lfj!"'T I .~ Lw -, I.. ) I I : « , I l · ity of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 September 24, 2002 Fax: 363-0342 CLERK! Eric & Aimeejean Moscho ADMINISTRATOR 32219 Nob Hill Drive Judy Weyrens Avon MN 56310 MAYOR Larry J. Hosch RE: 120 - 2nd Avenue NW Apartment # 103 COUNCILORS Dear Mr. & Mrs. Moscho: Bob Loso Cory Ehlert This letter has been prepared to provide you with notice and information regarding a Kyle Schneider Alan Rassier proposed suspension or revocation of the rental license for the above referenced property. This action is being taken because of a.n alleged violation of Ordinance No. 102 of the S1. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on September 22,2002 (copy enclosed) . The S1. Joseph City Council will review these allegations and consider appropriate · action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conducted on Thursday, October 3,2002 at 8:05 p.m. in the S1. Joseph City Hall, 25 College Avenue North. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type, you must contact the City Clerk/Administrator in writing at least five days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least five days before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation (s) alleged herein and reported by the complaining party. If you waive your right to hearing, or if an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the Council will proceed immediately to consider a disposition, which may include · Eric & Aimeejean Moscho . September 24, 2002 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. Sincerely, . ~dC¡ ~ýU,-uø2 Jud Weyrens dministrator/Clerk cc: John Scherer, City Attorney Mayor and Members of the City Council Police Chief Pete Jansky . ,', RMS Report Officer Assigned: Badge Number: How Rec'd: YOUNG 7702 RADIO o See Complainant Supervisor Approval: ~~ì\~_II~~\f~i.~tmMg8¥Ø¡¡{,6i56Ef~JS6~§'1~7Ir;f€îl~H:fij@ê~s·§î~4@Äm1@1~~J;f·;:;,~';_~~)Yfi:1 l~#-~~l .."" ~,,,,~'7i",",_~~>Å¡y~~i!&.~ ~..-,,~·ft \ _!J', ""r-_ .. ."P.'r'--~ ",;'¡;¡;.0 . ~ -~" ¡ ~;¿"~"'Y:/ t:. ~_ h_:: >"-;1'-.. ..er, ._.. H._;, ..i.:.. l f!:. <'-'J,,-... .~i",.~'~-~.. . ,,".' ?'''::h;f~::t1·-?~...~. ,.ft!~W;f.=::k 1. 2. 3. NOISE VIOLATION Location of Incident: I Date Incident Occurred: 120 2 AVE NW #103 09-22-02 Date Reported: Time Reported: Time Arrived: Time Cleared: I 09-22-02 0130 0145 0215 'Assisting Officer( s): , BROWN ~'*RÄRmI@I8JX '}JIT"¡rll#J¡1iI8PÅ’Ø M e·l%æJ MleTIIM"òE!Bl:JSBE0JI;¡,'i, ßt'WlillN ESS~~;EJ4Yl EI'NmI0N 66!r.G!]fJ WV,ENIE: L'ii"IZIMt;E]',\,,' ;;',~'L,;1-ft..,_,~__h~.-;4_-~'-><~~.ii. .",*,,,,\_~~:a..,...~_ -'£ }~_ .~ ,'~$..~,.,:ft~i!:'; .. \\."'. >0_'-_ _.; ,~_._,\,,/O,_':'; .. ~ _.;-_ .. .. ""_. .. "'._£::'--':-'_;_ .;-J;-;~"¡. .. }~,-.,~..,:-:~)_.?-,\,._,o- '_'~."... ,!:rj..~ }_~_-_~, '__. .;:.-,~.l_~~.~,_..;..,.l......."""",,-';j~ . ,,",,-_o~;..<::..J._ _~,¡,i. '"'__ _ _ ,.P.. .:~ ,/.-' .<,_~ " Name (Last, First, Middle) Date of Birth:, Race: D/L #: POGATSHNICK, BENJAMIN JOSEPH 03-11-80 W P-232-085-441-187 Street Address: City, State, ZIP: Phone: 120 2ND AVE NW ST. JOSEPH, MN 56374 363-4606 Arrested: Citation Issued: Citation Number: Level of Offense: Statement Needed: DYes 0 No DYes 0 No o Misd. 0 P. Misd. 0 G. Misd. 0 Felony DYes 0 No H>"-:7"'_~---~i-~'''~"'''''''+'''''P~"*u=*..'.~O"'7··"~~'-~''__''·~"~x.~-~_~'¡~r~~'~__Æ~"'--~il~l""''''ííræ-'~itE·r''''~''''~''-¡'''''' i.pg~,ß1li!J~fmj!l tJJi~j@]:~~,r¥1R~~~Ÿ.iI~t.OO" ~~t~$~~l$>!ì.~~(~~i~¡[lfèt¡;;~:: . .:~~W,§r~JR¡~Å’tpj),t§îlWJJJ~;§~l¡~g~~M~~~I?~ Name (Last, First, Middle) Date of Birth: Race: DIL #: USS, AARON MICHAEL 03-25-82 H12714059 (IN) City, State, ZIP: Phone: LINCOLN,NE ~8506 Citation Issued: Citation Number: Level of Offense: Statement Needed: DYes D No [8 Yes ONo .311894 o Misd, IZI P. Misd. D G. Misd. D Felony DYes D No State of License Plate: Year: Make: Color of Vehicle: Towed By: ~\\i~íji¡~1!è1iiR.¡I.-f.t-IVfii1t~lf~'ii~~ii¡1t1I1i1f.i1111t\\11.1fi_.~_'JlI_,=.{J~~1 License Plate umber: State of License Plate: Year: Make: Model: I Color of Vehicle: Towed By: Æ~fi~~lli.m~\li:~~i;;f!ì}fJ'&P:gßÀ]ÍM~r(M'ª~~ii[ûÏg1~gì11l~m'ª~]ªDMgºR:~m)t_ili1f!~~Jlt~~~f~~1~f~:f%tl;i . I r2¡ arrival at above location, we stopped in the parking lot and turn the patrol car engine off. We hE ' . nc music. After leaving we received another call and complainant stated that the music was turned down when we were observed driving into the parking lot. This time we stopped and parked at the post office and walked over, to 120. We arrested an underage drinker leaving the party and aga' the music was turned off. This officer stayed behind and the music was again turned on and could heard across the parking lot. I made contact with apartment 103. Checked several DLs and advised everybody to leave except renters. Made contact with Liss and advised him of complaint. He advised he had tried to get the music turned off but a friend kept turning it back on. I advised he was responsible for what his friends did at the party and that he was going to be issued a citation for the noise and that this was a valid noise complaint. He was also informed that his landlord would have to a ear before the Ci Council. Landlord Eric Moscho was notified. Signature (when required): Word Document: (Camp, Parent, Guardian) DYes 0 No '--- , . . · To: The Drafting Committee From: Dan Finn Date: September 17, 2002 Enclosed you will find the final copy of the JP A and the description of changes and concerns that I sent out to the mayors, city council members and city administrators. (If you area also on that list, you will not find another copy enclosed; this mailing is for the benefit of those who don't have those materials already.) So far I have heard of two council meeting explicitly scheduled to address the final draft: Sartell (Monday, Sept 23rd) and St. Cloud (Monday, Sept 30th). · · .<. Principle Changes to the proposed Joint Powers Agreement A. All the cities insisted on the importance of the legality of any Joint Powers Agreement (JPA). According to Mr. Jan Petersen, City Attorney for S1. Cloud, the current Joint Planning District Board cannot legally undertake supervision of the proposed Agreement on affordable housing. Thus, a new Board is proposed. 1. This new Board will have very few duties and each city may choose to appoint the same person to both of these Boards, so that the new Board could conveniently meet just before or after meetings of the existing Board. 2. The requirements of state statute governing joint powers agreements also entailed a number of legal technicalities that are also in the proposed JPA. The document is longer than the previous one because of this concern for legality. B. Some cities noted the importance of addressing existing housing in the JPA. Thus there is a new section, 15.7: to commit the 5-cites to cooperation for the rehab of older homes, through the 3 HRAs. C. As some cities have suggested, we have moved the long-term affordability conditions out of the development agreement between city and developer and have instead attached them to the gap loans. (Section 8.2) " 1. The development agreement between the city and the developer (Section 2.7) still contains: a) the price point and \ b) the requirement to sell the house to income-qualified buyers (up until 30 days . after framing inspection, when the builder can sell to any buyer). D. Change of definition of affordable rental units (Section 2.9) "1. In åccord with advice received from developers of these types of apartments, we - have changed the definition of "affordable" rents to 30% of the monthly income of households making 65% of the area median income (instead of 50% as the prior version did). Here we rely on HUD definitions for our area. The only projects likely to generate these units (tax-credit subsidized rental units) cannot offer rents as low as the 50% limitation. For example, this 65% specification for Stearns County entails rents for 2-bedroom units at about $800. We debated whether to drop the rental element altogether because $800 isn't going to directly help many families who need affordable apartments, but the Committee decided to retain it because producing more units like these over the long term will help free up less expensive apartments when some people move out to rent these. 2. Time period for guaranteed rents moyed from 20 to 15 years, since this is the number used by state and federal programs, such as the tax credit subsidy program. 3. Both changes allow the monitoring of compliance to be done through the state/federal subsidy programs and not !ocally. If any market rate development \A/ere to meet the definitions without federal or state subsidy, the Service Provider would monitor compliance concerning rent levels. E. Change in membership of the Life Cycle Housing Committee (Section 8.7) 1. Delete: a) A representative of the 3 counties (counties are no longer on the Board) . b) A representative of a non-profit housing agency 2. Add: a) One member appointed by the Service Provider 1 b) One member appointed by the Board to represent organizations that specialize in · the construction of affordable housing. F. Change of wording: " . . . each city which is a party to this agreement formally states its intention to move to some form of a mandatory ordinance if the 15% outcome for the city is not achieved. . ." (Section 15.6) 1. There is no "trigger" that would automatically enact a mandatory ordinance without city action and there is no mandatory ordinance ready to be enacted. The phrase "some form of" clarifies this situation. II. Other Responses and Concerns: A. Some city leaders have expressed concern about the long-term affordability conditions which buyers would be voluntarily agreeing to if they accept a gap loan. The purpose of the long-term affordability conditions is to prevent these affordable homes from quickly becoming non-affordable as housing prices rise fast. 1. One example is illustrated in the box on the right. The example assumes a house or town home cost of $105,000, general inflation (CPI) of 3% and the appreciation of housing values at 5% per year. (There's no way of knowing what will happen in the Effects of Affordability Conditions future, of course, but historically housing Age of Advantage Seller's Cash has risen about 2% faster than general inflation, though in recent years it has been Unit To Next For Down rising at 4-6% faster.) When Sold Buyer Payment · 2. If the original buyers chose to sell the house 0 in year 7 (highlighted in the chart), the next 1 . $2,100 $2,753 owners would buy the house for $18,609 2 $4,368 $6,526 _ less than its market value at that time, but 3 $6,814 $10,454 the sellers would still walk away with over 4 $9,450 $14,543 $27,000. In most cases, this will be enough 5 $12,286 $18,801 for a down payment on a market rate home. 6 $15,335 $23,237 The goal is to help people transition from I 7 $18,609 $27,859 I renting to market-rate ownership. Right now, a lot of families are stuck renting and need a 8 $22,122 $32,678 hand temporarily. 9 $25,888 $37,702 3. Why not let the first owner keep all the 10 $29,923 $42,942 increase in value? That would be great for them, but a) Every moderately priced house ór town home built "lasts" for only a few years. Without long-term affordability conditions, each city will have to build lots more units to meet the need. If the home stays affordable for a decade, each unit built can serve two or more families (depending on the time before the owners move up to a market rate house). b) The funders of the gap loans want their money to stretch farther - helping to create housing not just for the first owners but for others too. Using their money more efficiently means we can raise more money - to help even more families. · c) If housing rises in price no faster than general inflation, there are no long term conditions. But in general, giving the first owners all the appreciation when prices are rising fast amounts to an over-subsidy (a "windfall" profit) that can be better spent helping other families. 2 · 4. Will a family be "locked in" to ownership of their first house? These are families are currently "locked in" to renter status. Those who can buy a home without a gap loan should do that. For those who need the help, just owning a home and getting most of the equity growth is a very big economic advantage for them - they get to benefit from the growth in value of an expensive asset. It's likely most can move up to a market rate house within 5-10 years. But even if it takes a particular family longer, they'll be much better off in this program than if they stay as renters. B. Some city leaders have questioned why that long-term affordability conditions cease if a default occurs on a mortgage (Section 8.2.4). The mortgage bankers who have generously acted as consultants to our Committee report that this is a requirement of the secondary mortgage market (Fannie Mae, Freddie Mac, etc). Most banks and mortgage companies issue mortgages and then sell them on the secondary market. This condition is necessary for resale, and is standard across the nation where such long-term affordability conditions exist. C. Some city leaders have asked about the dollar value of some of the terms employed in the JPA. 1. In 2002,80% of the median income (for qualifying as a buyer) means about $45,000 for the household income for a family of four. 2. The price point will vary depending on whether the unit is detached or a town home and on how many bedrooms, etc, the developer and builder choose to include. That's why a "formula" reflecting current construction costs will be used. Recently · similar detached homes have been sold for less than $110,000 in St. Joseph, and a number of new homes in Sauk Rapids are scheduled for about $116,000. New town homes would be less. Everyone should understand toat this whole process will only wqrk if developers and builders want to construct these homes. D. Why 15%? There's nothing magical about 15%. Some cities in the nation aim {or 20% affordable homes. The Drafting Committee has used this figure for two main reasons. 1. 10% or other lower numbers seems too low: it is really worth the time and effort of the cities for very little change? At the same time, 20% seems quite aggressive. 2. The vast majority of cities in the nation working on affordable housing have adopted 15% as their numeric goal. It's less than the need but it represents real progress. E. Amendments to the JPA 1. This is an ongoing process. The JP A is a practical compromise. 2. We all expect that over time this Agreement will need improvement. A vote on any amendment by all five city councils c,hanges the JPA. F. Cooperation 1. All our cities have essential jobs that nonetheless don't pay enough to support working families in homes they can afford. With economic development we generate more jobs, both for our own young people and for workers who move to the area. We need more homes for these hard working families. 2. Because the problem is bigger than anyone city, the solution has to be bigger too. The JPA is a cooperative approach to the shortage of moderately priced housing. · JP A Changes 9 12 02.doc 09/17/2002 3 . JOINT POWERS AGREEMENT EST ABLISIDNG A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN A COMMUNITY BASED EFFORT TO PROVIDE LIFE CYCLE HOUSING (Final Draft: Approved Unanimously by the Drafting Committee 9/11/02) The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59 and §462.358. 1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of Directors to organize and govern a community-based effort to provide affordable housing. 2. Definitions. 2.1 "Additional Member." A signatory of this Joint Powers Agreement who is not an Initial Member, having joined after the first year of its existence. 0,. 2.2 "Board." The Board of Directors established by this Agreement. ( 2.3 "Director." A member of the Board of Directors. . 2.4 "Initial Member." An original signatory of this Joint Powers Agreement as identified in Section 3.1. 2.5 "Life Cycle Housing Units." Owner-Occupied Life Cycle Housing Units and Rental Life Cycle Housing Units as defined in this Agreement. 2.6 "Member." Any city which is a signatory to this Agreement. 2.7 "Owner-Occupied Life Cycle Housing Units." Newly constructed units that 1. are sold only to households with annual incomes at or below 80% of the area median income and are sold at or below the Price Point established pursuant to this Agreement; or 2. are sold to anyone, regardless of income, if and only if the builder/developer has not received a written offer to purchase for a price equal to the Price Point froIl1 an inCOTIle-qualified buyer before the end of a thirty day perioà beginning when the Service Provider receives notification from the builder/developer that construction framing has been completed. 2.8 "Price Point." The maximum price for which the builder or developer can sell an owner-occupied LCHU: . 1. The Price Point is determined by the city in cooperation with the developer by means of the application of the PriCing Formula, approved by the Board. 1 . 2. The Price Point is incorporated in the development agreement between the city and the developer prior to final approval of the plat. 2.9 "Pricing Fonnula." A fonnula approved by the Board and applied by the city that generates the Price Point for an owner-occupied LCHU based on the particular features that the developer proposes to include in the LCHU(s). 2.10 "Rental Life Cycle Housing Units" are newly constructed rental units: 1. Whose maximum monthly rent is no greater than 30% of the monthly income of households earning 65% of the area median income, adjusted for the size of the unit, as specified and periodically updated by the US Department of Housing and Urban Development; and, 2. Which must be rented as LCHUs for at least the first 15 years of life of each unit. 3. 11embership. 3.1 The Initial 11embers are: The Cities of Sartell, Sauk Rapids, St. Cloud, St. Joseph and Waite Park. 3.2 No change in governmental boundaries, structure, organizational status or . character will affect the eligibility of any Member list~d above to be represented on the Board as long as such 11ember continues to exist as a separate political subdivision. 4. Board of Directors. 4.1 The community based effort to provide affordable housing set forth in this Agreement must be governed by a Board of Directors which must consist of one Director appointed by the governing body of each Initial 11ember listed in Section 3.1 above. Each 11ember may designate an alternate for its appointed Director. Each Director and alternate must be a member of the governing body of their respective 11ember. 4.2 Directors must serve without compensation from the Board. This does not prevent a 11ember from providing compensation to a Director for serving on the ,.., , .boarc. 5. QuorumIVoting:. 5.1 A majority of all of the Directors will constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum is required for the . Board to take action, unless otherwise provided by law. 2 · 5.2 There is no voting by proxy. Except as otherwise authorized in this Agreement, all votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one vote. 6. Officers. 6.1 The officers of the Board will be a Chair and a Vice-Chair. 6.2 At its first meeting, the Board must elect a Chair and a Vice-Chair who will serve through December 31 of the year when first elected and until a successor is elected. At the meeting prior to completion of the initial term(s) and at the completion of every term thereafter, a Director must be elected to each respective office for a two-year term. 6.3 A Director must be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 7. Meetings. 7.1 The Board must meet at least annually on a schedule determined by the Board. 7.2 Meetings of the Board may be called by the Chair and must be called upon · written request of a majority of the Directors. 7.3 All meetings must be conducted in compliance with the Minnesota Open Meeting Law, Minnesota Statutes Chapter 13D. 8. Powers and Duties of the Board. The powers and duties of the Board are limited to the following: 8.1 Establish and periodically update the Pricing Formula for the sale of owner- occupied Life Cycle Housing Units (LCHUs) following consultation with the Life Cycle Housing Committee established in Section 8.7 of this Agreement. 8.2 Designate and enter into an agreement with a Service Provider(s) to apply for and administer funds for gap loans or other financial assistance, conduct homeowner education and certify prospective buyers as income-eligible, work with area ìo""",ria...,, .f"""T" ~A""'"rr L:'I. '1"'\.....0. ,....,..........,....T"A' ì........f "'"'..........,......_ t~ T 1-...""" _....; +-1-. _...._ i ............-r- ~vuU.v~'" ~u~ ~HuH5agv J!.Lv-uJ!r1LUva~ U~ J!~u':>J!ec l\le LJuyel':> In lUe ¿:,ap loan prv¿:,u:uïl, work with employers to assist workers to save for housing expenses through payroll deduction or other programs, inform prospective buyers on the waiting list about various LCHUs becoming available for sale, assist in the resale of homes during the 20-year period of long term affordability conditions, and · administer the Life-Cycle Housing Fund in accord with policies of the Board. Any agreement with the designated Service Provider(s) must require that all loans to qualified households: 3 · 1. Be repaid with interest upon sale of the LCHU. 2. Require that the original buyer and all subsequent owners of such an LCHU, during the first ten years of life of the LCHU, can sell the unit only: a. To a household with annual income less than 80% of the area median income, and b. For no more than the purchase price the seller paid for the unit plus an inflationary increase, defined as the percent increase in that purchase price equal to the rise in the Consumer Price Index over the time that has elapsed since that purchase; plus the fair market value of any capital improvements made since the seller bought the LCHU. 3. Require that the original buyer and all subsequent owners of such LCHU, at the time the LCHU is first sold during the second ten years its life: a. Can sell the unit at any price to any buyer regardless of income, but the seller can retain only the purchase price the seller paid for the unit, plus the inflationary increase, defined as a percent increase in that · purchase price equal to the rise in the Consumer Price Index since the time of that purchase, plus the fair market value of any capital improvements made since the seller hought the LCHU; plus one half of the difference between the sale price and the sum of (i) the purchase price plus (ii) the inflationary increase plus (iii) the fair market value of any capital improvements. That part of the sale price beyond this total retained by the seller will be paid by the seller into the Life Cycle Housing Fund, administered by the Service Provider in accord with policies of the Board. 4. After such an LCHU is sold during the second 10 years of its life, or after the twentieth year of age of the LCHU, or at the time of any default on a mortgage on an LCHU, whichever comes first, all restrictions on resale will cease. 8.3 Receive reports from Members in respect to their efforts to meet affordable l' , DousIng gOalS. 8.4 Annually report to Members on Board activities and progress in meeting affordable housing goals. 8.5 The Board may research and make recommendations to the Members regarding matters related to the purpose of this Agreement. · 4 · 8.6 The Board may consult with persons knowledgeable in affordable housing such as research organizations, educational institutions, other political subdivisions, and any other persons who can provide pertinent infonnation. 8.7 The Board's reports and records will be available for and open to inspection by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statues, Chapter 13. 8.8 The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. The Board will create a Life Cycle Housing Committee to advise the Board· in addressing the area affordable housing needs. The Life Cycle Housing Committee will include the following participants: One member appointed by each Member; One member appointed by the Central Minnesota Builders Association; One member appointed by the Service Provider; One member appointed by the Board to represent organizations specializing in the development/construction of affordable housing; One member appointed by the Board to represent area realtors; One member appointed by the Board to represent area bankers; One member appointed by the Board to represent the public. · 8.9 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board will be contrary to the tenns of this Agreement. 8.10 The Board may receive petitions for termination of this Agreement from Members. Upon receipt of a petition of a Member the Board must conduct a public hearing. The Board must provide a minimum of 30 days notice in writing to the City Administrator/ Manager of each Member and by publication in a newspaper of general circulation in Member cities. Upon a 2/3 vote of all Directors acting upon a resolution of the Board, the Board must recommend termination of this Agreement. A copy of the resolution must be submitted to the City Council of each Member and if ratified by 2/3 of the Members, the Board must terminate this Agreement, allowing reasonable time to complete work in progress. 8.11 The Board may receive petitions for amendment of this Agreement from Members. Amendments may be initiated upon petition of a Member or by the Board upon its own motion. Upon initiation of an amendment the Board must conduct a public hearing. The Board must provide aminimum of 30 days notice · in writing to the City Administrator/ Manager of each Member and by publication in a newspaper of general circulation in Member cities. Upon a 5 majority vote of all Directors acting upon a resolution of the Board, the Board · must recommend amendment of the Agreement. A copy of the resolution must be submitted to the City Council of each Member and if ratified by all Members will become effecti ve 9. Additional Members. 9.1 Other cities may become a party to this Agreement upon a 2/3 majority of all Directors acting upon a resolution of the Board. The new Member shall sign a copy of this Agreement. Existing Members shall not be required to resign. 9.2 Members joining after the first year of this Agreement will be full Members, will be entitled to appoint a Director to the Board, and will have all the other rights and privileges of Membership. 10. Employees. 10.1 Employees of the member Cities servmg as a Director or . providing administrative services will not be considered employees of the Board for any purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; workers' compensation; unemployment compensation or reemployment insurance; retirement benefits; social security; liability insurance; · keeping of personnel records and termination of employment. 11. No Payment to Assisting Staff. 11.1 No Member will be responsible or liable to any other Member for the payment of wages or other remuneration to the other Member or to the other Member's employee(s), notwithstanding the fact that such employee may from time to time pursuant to this Agreement, provide services which benefit the other. 12. Duration and Amendment 12.1 This Agreement will continue indefinitely unless terminated as provided herein. 12.2 This Agreement may be amended by the unanimous agreement of all Members in accordance with the provisions of Section 8.10 above 13. Tenr1Ínation. 13.1 This Agreement may be terminated by the written agreement of 2/3 of the Members. Any Member may petition the Board to terminate this Agreement. 13.2 Unless the Board has decided upon other arrangements, upon termination of this · Agreement, all monies on hand, shall be distributed to the current Members. Such distribution of assets must be made in proportion to the total contributions 6 . by the respective Members over the entire duration of this Agreement. The. Board will continue to exist after termination for such period, no longer than six month, as is necessary to wind up its affairs, but for no other purpose. 14. Withdrawal. 14.1 A Member may withdraw from this Agreement, by resolution of its city council, provided that the member gives a 120-day notice to the Board and the other Members. 15. Members Pledge. 15.1 The members pledge that each will work with area developers to ensure that 15% of the combined total number of owner-occupied and rental housing units, taken together, built in each city will be Life Cycle Housing Units (LCHUs). 15.2 Each member is free to employ whatever methods it judges to be most effective in meeting this 15% commitment. 15.3 During the first five years of this Agreement, each city's commitment will be that the number of LCHUs built since January 1 following the Effective Date of the Agreement (as defined in Section 18.1) represent at least 15% of the total . number of residential units built during that same time period. In the sixth and later years qf the Agreement, the 15% commitment is measured by the residential construction that occurred during the three most recent years. 15.4 Each Member will issue a written report by February 15 of each year to the Board addressing: 1. The results of this commitment over the previous calendar year, 2. The results anticipated for the current year, and 3. For any member which has not met the 15% commitment by the end of the second or any subsequent year of the Agreement, a description of the member's plan for the coming year for meeting that commitment. 4. So that all members can learn from the successes of others, the annual report should include a summary of the methods employed by the city in their efforts to achieve the 15% commitment. 15.5 Each ~vfember will actively participate in the Board's Life Cycle Housing Committee. 15.6 Each Member will move to adopt some fonn of a mandatory ordinance if that Member's 15% commitment is not achieved under this Agreement by a date five years after the approval of this Agreement or sooner if deemed necessary by the . Member. Subsequent to the first five years of this Agreement, the city will take the same action· if the three year moving average of LCHUs identified in Section 7 15.3 above falls below 15% for two successive years. However, if the failure to . reach the 15% commitment is due to the lack of funds for loans or administrative expenses of the Service Provider, then there will be no commitment to move to a mandatory ordinance. 15.7 Each Member wil1 work together and through area Housing and Redevelopment Authorities to seek funding for and administer a program of rehabilitation loans to refurbish older homes. 16. Indemnification. 16.1 Each Member agrees to fully indemnify and hold harmless the other Members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its designated Director, alternate Director or employees assigned to assist the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 17. Severability. 17.1 If any portion of this Agreement is found to be void, unenforceable, unconstitutional, or any combination of these, by a court of competent . jurisdiction, the remaining portions of this Agreement shall remain in effect. 18. Effective Date. 18.1 This Agreement shall be in full force and effect when all members sign this Agreement. All members need to sign the same copy. Each member shall file the signed Agreement with the (Insert Language), who shall notify all members of the effective date of the Agreement. 18.2 IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by action of their governing bodies, in accordance with law. (Insert Signature ,Blocks for Each City) . 8 · ity"OfSt. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 DATE: September 24, 2002 CLERK! MEMO TO: Mayor Hosch, City Council Members, City Administrator Weyrens ADMINISTRATOR J~~t & Cynth~ith-Strack, Municipal Development Group Judy Weyrens FROM: MAYOR RE: Economic Development Activity Report -September, 2002 Larry J. Hosch . Municipal Development Group has been interacting with a number of prospects throughout the COUNCILORS past month. Following is a summary of activities that have transpired. If you have any Bob Loso questions on any of these or other projects, please do not hesitate to contact us at 952-758- Cory Ehlert 7399. Kyle Schneider Business Prospects have been identified by a project number to protect the confidentiality of the Alan Rassier businesses. Project 01·A: The construction of a 67,000 square foot building is underway for this company in the St. Joseph Business Park. The DTED has approved the $42,000 grant to the 'City of St. Joseph from the Minnesota Investment Fund for the establishment of a revolving loan fund. A low · interest (4%, 5-year term) equipment loan will in turn be given to the company. Project 01·E: This organization is considering the relocation of a facility to another location in the City. Negotiations on the site were occurring in March. MDG sent follow-up e-mail on August 27 and - September 24, 2002. Project 01-F This project involves the locating of a fast food restaurant in the City of St. Joseph. The company representative met with MDG on August 2th and toured possible sites. On September 3rd MDG prepared a spreadsheet with information on lot sizes, owner's name and number, assessed market values and taxes for six potential sites, as requested by the company. On September 10th MDG spoke to the company representative who indicated they would be touring three sites the middle of September. MDG placed a follow-up call on September 24th. The tour of sites was postponed until mid-October. Project 01-1 This company is considering the purchase of approximately 5 acres in St. Joseph Business Park for a 12,000 square foot facility. The company has an option on the lot but is waiting to proceed with the closing on the property until they sell real estate they own in another community. MDG sent a follow-'up letter on September 24, 2002. Project 01·N: This commercial business is considering the construction of a 3,000 square foot office facility in St. Joseph (not in the St. Joseph Business Park). The company has à purchase agreement, contingent on· zoning approval and assessments, for a newly annexed lot in K&L Properties. MDG placed a follow-up call. Construction is planned in 1-2 years. · Project 01-P . This company contacted the city in October, 2001. MDG has remained in contact, although the company has indicated they are not yet ready to expand. On September 10th MDG sent a letter thanking them for their interest in expanding in St. Joseph and offering assistance as their plans proceed. Project 02-C This company contacted the city in January regarding potential sites for a 5,000 sq. foot manufacturing building and possible financial assistance programs. MDG spoke to the business owner on September 24, 2002. He noted he is not ready to proceed with expansion plans at this time but appreciated the EDA's follow-up. Project 02-E This company contacted the city in February regarding a one-acre site. In July the company indicated they are waiting until the spring of 2003 to proceed. On September 10th, MDG followed up on September 10th with a letter thanking them for their continued interest in locating in St. Joseph and offering assistance as plans proceed. Project 02-G This company contacted the city on March 13th requesting information for a possible project in St. Joseph Township. They inquired about annexation and utility extensions. MDG corresponded with the company on September 4th and 6th. The Planning Commission conducted a public hearing for a special use permit for the company and reviewed the site plan on September 16th. The City Council reviewed the zoning requests on September 18th and 23rd, granting conditional approval. MDG followed-up by sending an e-mail on September 24th. Project 02-J This business inquired about the availability of approximately 1,500-2,000 square feet for light . industrial purposes on April 9th. The business is currently located in the community in a 800 square foot space and is in need of additional room for expansion. The Council approved the building renovation plan at their September 9th meeting. MDG sent a letter on September 24, 2002, on behalf of the EDA, thanking the business for their investment in the community. Project 02-L This company contacted the city on April 29th regarding potential space for the construction of a office/warehouse and office facility. The company submitted a draft site plan and requested a draft purchase agreement for a 3.0 acre parcel in Buettner Business Park, which MDG provided to them on August 2ih. They are interested in constructing a 12,800 square foot multi-tenant building in St. Joseph business park, with plans for an additional 9,600 square feet.. The contact asked for assistance in identifying other tenants. MDG followed up on September 13th and 18th regarding proceeding with the purchase agreement and with a possible tenant looking for 3,800 square feet. Project 02-M This company contacted the city on May 2nd regarding industrial lots for a 12,000 square foot facility. In July the company reported to MDG that their expansion plans were delayed due to the economy. On September 10th, MDG sent a letter to the company thanking them for their continued interest in the community and offering assistance as their expansion plans proceed. Project 02-0 This company contacted the city on May 6th and requested more information on St. Joseph Business Park and the city. They are considering a 20,000 square foot facility (16,000 sq. ft. manufacturing, 4,000 sq. ft. office). MDG has followed up several times since May, including a letter on September 24, 2002. . . Project 02-P This company is currently occupying an office facility in which they are outgrowing. MDG initially contacted the company in May, 2002. At that time they indicated a need for approximately 4,500 square foot facility. They are considering St. Joseph or Avon. On September 10, 2002, MDG sent a follow-up letter offering to assist as their expansion plans proceed. Project 02-R: This company is interested in a site for a 7,000 square foot building. MDG followed up on September 24, 2002. The company inquired about the availability of the lot at the southwest corner of County Road 133 and Fifteenth Street in St. Joseph Business Park. MDG provided the company with Mr. Buettner's phone number. Project 02-8 A realtor has contacted the EDA and City regarding a lot split to create a 6.43 acre parcel (northerly 6.43 acres of Lot 1, Block 2) in St. Joseph Business Park in August. The company submitted a site and building plan for EDA review on August 21st and Planning Commission review on August 26th. The Council approved a revised site plan information at their September 19, 2002 meeting. The company is hoping to proceed with construction this fall, pending approval of various state and local permits. Project 02- T The Department of Trade and Economic Development (DTED) distributed a state wide request for proposals for a company seeking locations for three new facilities. MDG prepared a proposal and submitted it to DTED on August 21, 2002. MDG followed up with a call to DTED on September 24, 2002 re: status of the site search. DTED received 88 proposals. They will . meet with company representatives the second week of October to identify criteria for narrowing the site selection. Project 02-V This company contacted the City on September 18, 2002. MDG met with the owner and discussed sites, zoning, covenants and incentives. MDG suggested the company, which needs 3,800 to 5,000 sq. feet and is interested in leasing, contact the Project 02-L contact. MDG followed up on 9-24-02. The company representative noted the proposed lease space in Project 02-L is higher than he is willing to pay. Project 02-W This contact stopped at City Hall on September 10' 2002 and inquired about the availability of industrial lots. MDG followed up with the mailing of maps and zoning ordinance excerpts on September 18th. MDG called on September 24, 2002 and left a message. Project 02-X This company contacted the City regarding an expansion of their current industrial facility. MDG met with the company on September 24, 2002 and discussed zoning requirements and toured their facility. Other: MDG has assisted in the review of the commercial/industrial zoning ordinance, TIF Guidelines and report card, the Business Assistance (Subsidy) Policy, new Revolving Loan Fund Policies and Procedures and application and the Economic Development Chapter of the Comprehensive Plan. . . Overtime and Callouts September 13 through September 26,2002 1_- 9/14/02 2.00 hrs Weekend Work 9/14/02 0.50 hrs Crowd control 9/15/02 2.00 hrs Weekend Work 9/17/02 2.50 hrs Training I.".·._.··.··."'..·.·····c<".""~ .. ...·..cT.<.."mm"........ _..·<i«.·· m._ø;" Ii,·, " .« .. .., ..... . . . " ~ ' ,-- _---.__¥_ _..._ _ ~_ __ _ u::',-,': _ --- u_ - - _ _ -'__ - _'_A . - '- .-_ __ ,_ ___ -- ',_ . "'._A='" : - __ ',_ ~,..~." ',_ .__~_-'<._ 9/21/02 2.00 hrs Weekend Work 9/25/02 2.00 hrs Training 9/22/02 2.00 hrs Weekend Work 9/26/02 1.00 hrs Training __I 9/16/02 2.00 hrs Call Out-sewer problems 9/17/02 2.50 hrs Meeting/Training - ' . _ _¥ -- ' -=, '- 'y , - - - - ,'- _', ~,'~: ---.- -' . , =_H._ - -.:' - -___._ - _ '_ " -: . -- ~ ~___ __ ,.., _."_ _A ___.A___W.___'= ,,~~ . 9/16/02 2.00 hrs Meeting 9/17/02 3.00 hrs Training . Page I of2 - Subj: JPA · Date: Fri, 27 Sep 2002 11 :22:06 AM Eastern Standard Time From: "Finn, Daniel" <DFINN@CSBSJU.EDU> To: "p..arQn1\ndersorL_~taugusta@cloudnet. com>, "Chris Hageli~~'_<chßgeli~@çL~tçLQ\'uj.mn.JJ§:>_, "Judy Weyrens" <jweyrens1@aol.com>, "Patti Gartland" <patti@sartellmn.com>, "Rena Weber" <wpch@astound.net> , "Ross Olsòn" <rolson@ci.sauk-rapids.mn.us> Cc: "Bob Pogatshnik" <Bob.Pogatshnik@Valves.spx.com>, "Harold Jes!l~_~aJ]jª~I:l@Ç!lªr:t~Lnª!:>1 "JQbn D. Ellenbecker" <iellenbecker@ci.stcloud.mn.us>J "John Ellenbecker" <Mayor@ci.stcloud.mn.us>, "Larry Hosch" <Iihosch@astound.net> File: Joint Powers 9 27 02.doc Sent from the Internet (Details) To Mayors and City Administrators Attached is the final version of the JPA. It contains 4 changes from the one dated 9/11 1. Section 8.1. Change erroneous reference to Section 8.7 to the correct reference: · Section 8.8 2. Delete blank section 18.2 (i.e., there was no content here in the first place) 3. Specify (in 18. 1) the Sartell City Administrator's office as the place for each city to file its signed Agreement. Sartell has agreed to keep these records on file. 4.- Add the words "authorized under state statute" to section 13.2 (This is needed because the "other arrangements" mentioned mayor may not be legally authorized currently.) The signature blocks at the end of the JPA are not all specified, due to lack of information of exactly which city officials are needed to sign the document. This varies among the cities. Dan Finn · AUTOTEXTLIST \s "E-mail Signature" http:/ /webmail.aol.com/msgview.adp?folder=SU5CTl g=&uid=4899098 9/3012002