HomeMy WebLinkAbout2005 [10] Oct 20 {Book 35}
St. Joseph City Council
October 20,2005
FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS
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ADDRESS
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REVISED
St. Joseph City Council
October 20, 2005
7:00 PM
1. Call to Order
2. Approve Agenda
3. Consent Agenda
a. Minutes - Requested Action: Approve the minutes of September 1, 2005.
b. Bills Payable - Requested Action: Approve check numbers 36310- 36391.
c. Bond Sale - Requested Action: Authorize the Mayor and Administrator to execute
Resolution 2005-27 providing for the competitive negotiated sale of $4,595,000 General
Obligation Water Revenue Bonds, Series 2005D.
d. FSA Agreement - Requested Action: Authorize the Administrator to execute the agreement
with Acclaim Benefits to continue providing Flexible Spending Account services for the City,
of St. Joseph.
e. One Day Liquor License - Requested Action: Authorize a one-day liquor license for an
event to be held at the College of St. Benedict on October 29, 2005.
4. Public Comments to the Agenda
4 (a)
5. 7:05 PM
St. Joseph Relief Association (Annual Report)
Special Use, Sand Companies
Revision of August 5,2004, Special Use Permit allowing the construction of all
two-story townhomes.
5.5
Trobec Liquor License
6. 7:15 PM
Variance, Midnight Haulers
St. Joseph Code of Ordinances 52.33 SuM. 9(m)
a. Exterior Requirements
b. Curb & Gutter
7. City Engineer Reports
a. Proposed 2006 Street Improvements
b. Field Street Contract
c. 304th Street Vacation
d. ISD 742 Improvements
e. Other Matters
8. Mayor Reports
9. Council Reports
10. Administrator Reports
a. Liquor Lic8ase Tr-ooeo' s Evem Center
b. Cable Franchise Transfer
c. City/Township Joint Meeting
11. Adjourn
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CITY Of ST. JOSBPH
www.cityofstjoseph.com
St. Joseph City Council
October 20, 2005
7:00 PM
Administrator
Judy Weyrens
1. Call to Order
2. Approve Agenda
3. Consent Agenda
a. Minutes ~ Requested Action: Approve the minutes of September 1,
2005.
b. Bills Payable ~ Requested Action: Approve check numbers 36310 ~
36391-
c. Bond Sale - Requested Action: Authorize the Mayor and
Administrator to execute Resolution 2005-27providing for the
competitive negotiated sale of $4,595,000 General Obligation Water
Revenue Bonds, Series 2005D. .
d. FSA Agreement - Requested Action: Authorize the Administrator to
execute the' agreement with Acclaim Benefits to continue providing
Flexible Spending Account services for the City of S1. Joseph.
e. One Day Liquor License - Requested Action: Authorize a one-day
liquor license for an event to be held at the College of St. Benedict on
October 29, 2005.
4. Public Comments to the Agenda
5. 7:05 PM Special Use, Sand Companies
Revision of August 5, 2004, Special Use Permit allowing the
construction of all tWo-story townhomes.
Variance, Midnight Haulers .
St. Joseph Code of Ordinances 52.33 Subd. 9(m)
a. Exterior Requirements
b. Curb & Gutter
7. City Engineer Reports
a. Proposed 2006 Street Improvements
b. Field Street Contract
c. 304th Street Vacation
d. ISD 742 Improvements
e. . Other Matters
8. Mayor Reports
9. Council Reports
10. Administrator Reports
a." Liquor License ~ Trobec' s Event Center
b. Cable Franchise Transfer
11. Adjourn
6. 7:15 PM
Mdyor
Richdfd C,r1bom
Councilors
AI Rdssier
Ross Rieke
Renee Syrndnietz
Ddle Wick
File
L, College Avenue North' PO Box 668 . Sdint Joseph, Minnesotd ,6,
Phone 120.,6,.]L01 fdx 120.,6,.O,4L
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DRAFT
September 1, 2005
Page tof4
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, September 1, 2005 at 6:30 PM at the St. Joseph City Hall. .
Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick, Ross Rieke, Renee
Symanietz. Administrator Judy Weyrens.
Others Present:
Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows:
a. Bills Payable - Approve check numbers 036155-036194
b. Minutes - Approve the minutes August 4, and August 18, 2005
c. Assignment of Lease - Authorize the Mayor to execute the Sign Lease with the additional
provision recommended by the City Attorney.
d. Premise Permit - Accept the premise permit of the Minnesota Deer Hunters Association
for lawful gambling at the College of St. Benedict. . i
e. Equipment Purchase - Authorize the purchase of a Band Saw from Grainger in the i
amount of $2,400 as equipment replacement. I
f. Equipment Purchase - Authorize the purchase of a Tree Planter from Rudolph's Inc in
the amount of $996 as equipment replacement. i
g. Ordinance Amendments -Approve the amendments to the General Parking Ordinance
and Parking of Semi Trailers, Trailers, Trucks and Truck Tractors and authorize the I
Mayor and Administrator to execute the Ordinance Amendments causing the same to be
published.
h. Application for Payment - Authorize the Mayor to execute application for payment #3 ,for
the 2005 Hill Street and 3"' Avenue SW Improvements and authorize payment to RL 1
Larson Excavating in the amount of $182,873.48. i
i. Application for Payment - Authorize the Mayor to execute application for payment #4 ifor
the 2005 Cloverdale Area Improvements and authorize payment to Larson Excavating in
the amount of $20,629.13. I
The motion was seconded by Rassier and passed unanimously.
Public Comments to the Aqenda: No one present wished to speak.
Northiand Heiqhts - 3.1 M Bond Sale: Rassier made a motion to remove this item as the bonds were
issued in an earlier meeting. The motion was seconded by Symanietz and passed unanimously.
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CITY ENGINEER REPORTS
Proposed 2006 Street Improvement Proiect: City Engineer Tracy Ekola presented the Council with the
feasibility report for the proposed 2006 Street Improvement Project. The proposed area includes the
following streets:
111st Avenue East
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nd Avenue E
rd Avenue E
I~aker ~treet E013st!~~~ul1t~f'{.o<'l~ 751
IBaker Street E to Ash.~tree!_EO '.
......... JII?<'l~El~~trElEltEto.A.shStreet ..EO .
11!.~t AlI'eo.nue SE to 3rd A.vel1ueo.SE ....1
ICollege Avenue S to ~r~..~II'El.n.lIe S.EOJ
orth of E. MN Street ilCollege Avenue N to 3rd Ave NE
".._...._..._,_,.__'__..__'_m_.__'._,_.__,_.......n.___.n...____....___m__.___.__.__.__._.'.n..___....'._....."'...."..._.,.".
ley east of 1 st Avenue E !IBaker Street E to Ash ~!i:eet.EO<'l.s.t...m,
east of 2" A ~r Street E to Able Street Eas:t..J
. El.~""'El~t~f1~.A.vEl..EO ... ..........JI.A.IIEl~I1~rt~of.A.~IEl~tit~...~~.~...~tEO...........1
le..~!i:ee_t.EO........,...., ..,j~th .A.vel1,lIe.~~...t~,.6t~.~II'ElI1UEl.~.EO........j
th Avenue SE ilEO tv1il1l1~.~~t<'l..~treet!~,".A.ble S!i:eElt EJ
DRAFT
September 1, 2005
Page 2 of4
The streets mentioned above are the last section of old street and water main that are in need of
replacement. The Council has previously considered ordering the improvements, but delayed the
improvement for other projects.
Since the City will be required to chlorinate the water with the construction of the new plant, it is important
to replace the old water main. In 1996 when the existing water filtration plant 'was renovated the City was
required to chlorinate the water. When the chlorination was started some residents experienced
discolored water and water with particles. The majority of the affected residents were serviced by old
water mains, which were 40 to 50 years old. Over time mineral deposits collelct on the pipes. When the
City chlorinated some of the mineral deposits were broke loose causing discolored water and particles in
the water.
Due to the amount of old water main, the City stopped the chlorination and requested an extension to
chlorinate from the MN Department of Health. The City informed the State that over the next years the
old water main would be replaced and as soon as that was complete the City would chlorinate the water.
The construction of the new water filtration plant again arises the question of chlorination. Regardless of
the replacement of water main the City will be required to chlorinate. Ekola stated that the proposed
improvement for 2006 completes the old water main replacement plan.
Ekola stated that the proposed project includes the pavement of alleys within lihe project area. The City
has the policy to include the cost of alley improvements at the time of preparing the feasibility report. This
improvement can be seen as an alternative and removed if the Council so chooses. The proposed
project also includes the replacement of the clay sewer lines. The Wastewater Operator has requested
that the City consider replacing the clay pipes whenever an improvement is completed. Clay pipes have
a tendency over time to be high maintenance. The City has televised the sewer in the project area, and
an alternative to pipe replacement is lining the sewer lines where they are showing where. Ekola stated
the feasibility report indicates which pipes need repair and like the alley improvement, the sewer line .
replacement can be considered an alternative. The project also includes the replacement of the 6-inch
forcemain at the intersection of 6th Avenue SE and Able Street East. When the project is complete the
existing forcemain will be abandoned.
The foilowing table ii1ustrates the probable costs of the improvement and associate revenue sources:
Probable Costs
2006 Street Improvement
2006 Forcemain Replacement
$
$
2,497,195.00
52,515.00
Proposed Revenue
Assessment Income
Enterprise Funds
Other City Funds
$
$
$
1,484,055.14
740,719.63
604,507.00
Weyrens stated that if the Council wishes to move forward a public hearing must be scheduled for a
public improvement hearing. The hearing notice wiil be published and notices wiil be forwarded to all
affected property owners. Due to the large number of residents the meeting will need to be held at the St.
Joseph Community Fire Hall.
Rassier made a motion authorizing the Mayor and Administrator to execute Resolution 2005.21,
Receiving Report and Calling for the Improvement Hearing for the 2006 Street/Utility Improvement.
The hearing will be held on September 21, 2005 at the St. Joseph Community Fire Hall. The
motion was seconded by Rieke and passed unanimously.
2005 Sanitarv Sewer Rehabilitation: Ekola stated that previously the Council authorized the solicitation of
bids for the sanitary sewer rehabilitation for two sections of sewer pipes that are in need of repair. One
section of pipe is located on Date Street and the second is on Birch Street West. The City only received
one bid, that being Insituform in the amount of $ 23,275.00.
would be completed in 2005.
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DRAFT
September 1, 2005
Page 3: of 4
Ekola stated that if approved the work 1
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Rassier made a motion to accept the quote of Insituform in the amount of $ 23,275 for the 2005
Sanitary Sewer Rehabilitation. The motion was seconded by Wick and passed unanimously.
Water Filtration Plant Update: Ekola reported that the, plans for the water filtration plant are 90%
complete and the Council will be reviewing the plans on September 15, 2005. Once the plans are
approved the project will be bid.
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2005 Seal Coat: Ekola reported that the 2005 Seal Coat project has been completed and the contractor
is requesting payment. Based on the recommendation of the Engineer, Rieke made a motion to
authorize payment to Allied Blacktop in the amount of $ 23,275 for the 2005 Seal Coat
Improvement. The motion was seconded by Rassier and passed unanimously.
MAYOR REPORTS
COUNCIL REPORTS
SYMANIETZ
Interoovernmental Meetino: Symanietz reported that she along with the Council attended the
Intergovernmental Meeting. The main speaker at the meeting discussed the importance of economic
development.
WICK - No Report
RASSIER - No Report
RIEKE - No Report
AOMINISTRATOR REPORTS
Cable Franchise Transfer: Weyrens reported that the area City Administrators and Attorneys have meet
regarding the pending transfer of Seren Innovations to Charter Communications. Since the transaction
has the potential for long term affects on the residents it is important to make sure the transfer addresses
the needs of the communities. The most efficient manner to complete this task is jointly. Participatin'g
Cities will be required to execute a Joint Powers Agreement. The JPA will identify the scope of work and
the distribution of expense. Rieke made a motion to participate in the joint venture reviewing the
cable franchise transfer, allowing st. Joseph to be part of the Joint Powers Agreement. The final
agreement must be presented to the Council before execution. The motion was seconded by
Rassier and passed unanimously.
DRAFT
September 1, 2005
Page 4 of 4
Adiourn: Symanietz made a motion to adjourn at 7:40 PM; seconded by Rassier and passed
unanimously.
Judy Weyrens
Administrator
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City of St. Joseph 10/18/05 1 :28 PM
Page 3
Bills Payable - Revised
Check
Search Name Comments Amount FUND DEPART OBJ
Nbr
036372 RAJKOWSKI HANSMEIER LTD Catering/Liquor $312.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO Carpenter Noice $88.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO School property $140.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO Corridor Study $120.00 101 43120 530
036372 RAJKOWSKI HANS MEIER L TO Northland Heights $265.00 435 49450 530
036372 RAJKOWSKI HANS MEIER L TO Pondview 9 $10.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO Sewer Easments $40.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO Riverbats $939.00 101 41610 304
036372 RAJKOWSKI HANS MEIER L TO Gangl/Gustafson $576.00 101 41610 304
036373 REED CONSTRUCTION DATA Ad for Municipal $137.36 434 49440 530
036373 REED CONSTRUCTION DATA Ad for Wa $250.48 434 49440 530
036374 RUDOLPH'S INC tree spade $1,060.74 490 45202 580
036375 SEH Water Treatment $56,395.00 434 49440 530
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $56.50 101 41942 220
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $132.50 105 42220 211
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $73.00 601 49440 212
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $73.00 602 49490 212
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $73.00 101 45202 212
036376 ST. CLOUD FIRE EQUIPMENT Fire extinquisher $73.00 101 . 43120 212
036377 ST. CLOUD HOSPITAL Salzer, Muyres Hep $324.00 105 42210 305
036378 ST. CLOUD OVERHEAD DOOR CO. repair overhead $107.42 101 43120 220
036379 ST. JOSEPH NEWSLEADER Morningside Acres $36.00 101 41120 340
036379 ST. JOSEPH NEWSLEADER Sewer & Water $234.00 433 43120 530
036379 ST. JOSEPH NEWSLEADER Gambling $51.00 101 41130 340
036379 ST. JOSEPH NEWSLEADER Midnight Haulers $57.00 101 41120 340
036379 ST. JOSEPH NEWSLEADER Fire Dept-Display . $75.60 105 42210 340
036379 ST. JOSEPH NEWSLEADER Fire Prevention Ad $45.00 105 42210 340
036379 ST. JOSEPH NEWSLEADER Gun Raffle ad $103.60 105 42210 340
036380 STEARNS COUNTY RECORDER recorder $46.00 101 41910 431
036381 STRATEGIC EQUIPMENT case of toilet $47.98 101 45202 210
036382 SUNSET MFG CO., INC. campsite boxes $85.00 101 45202 210
036382 SUNSET MFG CO., INC. electrical cover #5 $70.00 601 49410 220
036383 TDS METROCOM telephone $52.05 602 49471 321
036383 TDS METROCOM telephone $278.83 101 42151 321
036383 TDS METROCOM telephone $225.23 101 41430 321
036383 TDS METROCOM telephone $52.05 101 41941 321
036383 TDS METROCOM telephone $54.05 602 49473 321
036383 TDS METROCOM telephone $94.20 602 49490 321
036383 TDS METROCOM \ telephone $52.05 101 41946 321
036383 TDS METROCOM telephone $186.28101 45201
036383 TDS METROCOM telephone $97.27105 42250 321
036383 TDS METROCOM telephone $54.56 601 49440 321
036383 TDS METROCOM telephone $98.97 602 49470 321
036383 TDS METROCOM telephone $39.74 150 46500 321
036383 TDS METROCOM telephone $54.05 602 49472 321
036384 TECH SALES CO. calibration of 2 $400.00 602 49480 220
036385 TELEDYNE ISCO INC pump tubing, chart $146.70 602 49480 210
036386 TRAUT WELLS Water $70.00 601 49420 312
036387 TROBEC ENTERPRISES transport to Lake $34.20 105 42240 331
036388 UNUM LIFE INSURANCE disability $436.24 101
036389 WERNER ELECTRIC SUPPLY light bulbs for $39.24 101 45202 220
036389 WERNER ELECTRIC SUPPLY light bulbs for $149.80 601 49430 220
036390 XCEL ENERGY el usage-sept $25.78 101 43120 381
036390 XCEL ENERGY gas usage-sept $59.27 601 49420 383
036390 XCEL ENERGY gas usage-sept $21.52 101 45201 383
036390 XCEL ENERGY el usage-sept $171.73 601 49435 381
036390 XCEL ENERGY gas usage-sept $32.27 101 43120 383
036390 XCEL ENERGY el usage-sept $442.60 601 49420 381
036390 XCEL ENERGY el usage-sept $1,257.13 601 49410 381
036390 XCEL ENERGY et usage-sept $15.43 101 43120 381
036390 XCEL ENERGY el usage-sept $342.40 602 49480 381
036390 XCEL ENERGY street Jighting-sept $26.05 101 42610 386
City of St. Joseph 10/18105 1 :28 PM
Page 4
Bills Payable. Revised
Check
Search Name Comments Amount FUNP PEPART OBJ
Nbr
036390 XCEL ENERGY gas usage-sept $17.48 602 49480 383
036390 XCEL ENERGY gas usage-sept $88.91 602 49470 381
036390 XCELENERGY gas usage-sept $15.62 602 49471 383
036390 XCELENERGY gas usage-sept $40.54 601 49410 383
036390 XCELENERGY el usage sept $139.54 101 45202 381
036390 XCEL ENERGY el usage-sept $3.00 101 42500 326
036390 XCEL ENERGY Sept usage $3.12 105 42280 381
036390 XCEL ENERGY el usage sept $9.29 101 45123 381
036390 XCEL ENERGY street lighting sept . $2.008.85 101 43160 386
036390 XCEL ENERGY el usagesept $10.28 101 45201 381
036390 XCEL ENERGY gas usage sept $17.48 101 45123 383
036390 XCEL ENERGY el usage sept $379.37 101 41941 381
036390 XCEL ENERGY el usage sept $714.21 101 41942 381
036390 XCEL ENERGY gas usage sept $18.58 101 41942 383
036390 XCEL ENERGY el usage sept $31.03 101 45201 381
036390 XCEL ENERGY el usage sept $46.54 101 43120 381
036390 XCEL ENERGY park maintenance $928.50 101 45125 530
036391 ZEE MEDICAL SERVICE supplies $14.75 101 45201 220
036391 ZEE MEDICAL SERVICE supplies $40.80 101 45201 220
$354.287.33
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I Attachment: ~ or No
REQUEST FOR COUNCIL ACTION
CONSENT 3(C)
DATE: October 20, 2005
Administation
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Bond Sale
PREVIOUS ACTION
Previously, the City Council approved the construction ofthe Water Filtration Plant. As a result,
bond funding is required.
RECOMMENDED BOARD ACTION
Adopt Resolution 2005-27 providing for the competitive negotiated sale of $4,595,000 Genetal
Obligation Water Revenue Bonds, Series 2005D
FISCAL IMP ACT
$4,595,000
COMMENTS/RECOMMENDATIONS
,-~' '.~ '.,
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EXTRACT OF MINUTES OF A MEETING OF TIIE
CITY COUNCIL OF THE
CITY OF ST. JOSEPH, MINNESOTA
fIELD: October 20, 2005
Pursuant to due call thereof, a regular or special meeting of the City Council of the City
of St. Joseph, Stearns County, MiPnesota, was duly held at the City Hall on October 20, 2005, at
_ P.M. for the purpose in part of authorizing the competitive negotiated sale of the
$4,595,000 General Obligation Water Revenue Bonds, Series 2005D.
The following members were present:
and the following were absent:
Member
introduced the following resolution lmd moved its adoption:
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,595,000
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2005D
A. WHEREAS, the City Council of the City ofSt. Joseph, Minnesota (the "City"),
has heretofore determined that it is necessary and expedient to issue $4,595,000 General
Obligation Water Revenue Bonds, Series 2005D (the "Bonds"), pursuant to Minnesota Statutes,
Chapters 475 and 444 for the purpose of financing a water treatment facility; and
B. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis,
MiPnesota ("Northland"), as its independent financial advisor and is there:fore authorized to sell
these obligations by a competitive negotiated sale in accordance with Milmesota Statutes,
Section 475.60, Subdivision 2(9).
NOW, TfIEREFORE, BE IT RESOLVED by the City Council of the City ofSt. Joseph,
Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Northland to solicit proposals
for the competitive negotiated sale of the Bonds.
2. Meeting: Provosal Ovening. This City Council shall meet at the time and place
specified in the Notice of Sale attached hereto as Exhibit A for the purpose of considering sealed
proposals and awarding the sale of the Bonds. The City Administrator or designee, shall open
proposals at the time and place specified in the Notice of Sale.
3. Notice of Sale. The terms and conditions of the Bonds and the negotiation thereof
are fully set forth in the Notice of Sale attached hereto as Exhibit A and hereby approved and
made a part hereof.
1823779v1
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4. Official Statement. In connection with the competitive negotiated sale, the City
Administrator and other officers or employees of the City are hereby authorized to cooperate
with Northland and participate in the preparation of an official statement for the Bonds, and to
execute and deliver it on behalf ofthe City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
1823 779v 1
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STATE OF MINNESOTA
COUNTY OF STEARNS
CITY OF ST. JOSEPH
I, the undersigned, being the dilly qualified and acting City Administrator of the City of
St. Joseph, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council, dilly called and held on
the date therein indicated, insofar as such minutes relate to the City's $4,595,000 General
Obligation Water Revenue Bonds, Series 2005D.
WITNESS my hand on October 20,2005.
City Administrator
1823779vl
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NOTICE OF SALE
$4,595,000
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 20050
CITY OF ST. JOSEPH
(STEARNS COUNTY), MINNESOTA
(Book-Entry Only)
NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms:
TIME AND PLACE:
Proposals will be opened by the City Administrator, Or
designee, on Thursday, November 17, 2005, at II :30 A.M.!
Central Time, at the offices of Northland Securities, Inc., 4~
South Seventh Street, Suite 2500, Minneapolis, Minnesota
55402. Consideration of the proposals for award ofthe saki
will be by the City Council at its meeting at the City Offices
beginning Thursday, November 17, 2005 at 7:00 P.M.
SUBMISSION OF PROPOSALS:
Proposals may be:
a) submitted to the office of Northland Securities, Inc.,
b) faxed to Northland Securities, Inc. at (612) 851-5917,
c) for proposals submitted prior to the sale, the final price
and coupon rates may be submitted to Northland
Securities, Inc. by telephone at (612) 851-5900, or ,
,
d) be submitted electronically. '
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,
,
Notice is hereby given that electronic proposals will be
received via PARITY~, in the manner described below, until
II :30 A.M., local time on November 17,2005. Bids may be
submitted electronically via P ARITY~ pursuant to thik
Notice until II :30 A.M., local time, but no bid will bi:
received after tbe time for receiving bids specified above. T"
the extent any instructions or directions set forth in
P ARITY~ conflict with this Notice, the terms of this Notice
shall control. For further information about PARITY~,
potential bidders may contact Northland Securities, Inc. or j.
deal" at 1359 Broadway, 2"" floor, New York, NY 10018,
telephone (212) 849-5021. I
Neither the Issuer nor Northland Securities, Inc. assumes any
liability if there is a malfunction of PARITY~. All bidders
are advised that each Proposal shall be deemed to constitute
a contract between the bidder and the City to purchase the
Bonds regardless of the manner of the proposal submitted. I
The bonds will be issued by means of a book.entry system
with no physical distribution of bond certificates made to the
public. The bonds will be issued in fully registered form and
BOOK-ENTRY SYSTEM:
1823 779v I
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DATE OF ORIGINAL
ISSUE OF BONDS:
AUTHORITYIPURPOSE:
INTEREST PAYMENTS:
MATURITIES:
1823779vl
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one bond certificate, representing the aggregate principal
amount of the bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of
Depository Trust Company ("DTC''), New York, New York,
which will act as securities depository of the bonds.
Individual purchases of the bondls may be made in the
principal amount of $5,000 or any multiple thereof of a
single maturity through book entri,,, made on the books and
records of DTC and its participants. Principal and interest
are payable by the Issuer through Northland Trust Services,
Inc., Minneapolis, Minnesota (the "Paying
Agent!Registrar"), to DTC, or res nominee as registered
owner of the bonds. Transfer of principal and interest
payments to participants of DTC will be the responsibility of
DTC; transfer of principal and interest payments to
beneficial owners by participants will be the responsibility of
such participants and other nominees of beneficial owners.
The successful proposal maker, as a condition of delivery of
the bonds, will be required to deposit the bond certificates
with DTC. The Issuer will pay n::asonable and customary
charges for the services of the Paying Agent!Registrar.
December I, 2005.
The Bonds are being issued pursuant to Minnesota Statutes,
Chapters 444 and 475, as amended. Proceeds will be used to
provide monies for the construction of a \Vater treatment
facility.
June I, 2006, and semiannually thereafter ou December I
and June I to registered owners of the bonds appearing of
record in the bond register as of the close of business on the
fifteenth day (whether or not a business day) of the
immediately preceding month.
December I, inclusive, in each of the years and amounts as
follows:
Year Amount Year Amount
2017 $400,000 2023 $500,000
2018 420,000 2024 525,000
2019 430,000 2025 550,000
2020 440,000 2026 120,000
2021 460,000 2027 130,000
2022 480,000 2028 140,000
Proposals for the bonds may contain a maturity schedule
providing for any combination of serial bonds and term
bonds, subject to mandatory redemption, so long as the
5
CUSIP NUMBERS:
I
i
I
amount of principal maturing or subject to mandatory
redemption in each year conforms to the maturity schedule
set forth above. I
I
All rates must be in integral multiples~of J/2Oth or 1/8th of
1%. Rates must be in level or ascending order. No limitatid
is placed upon the number of rates which may be used. All
bonds of the same maturity must bear a single uniform rat';
from date of issue to maturity. I
Bonds are subject to redemption and prepayment at th~
option of the Issuer on December I, 2014, and on any date
thereafter at par. Redemption may be in whole or in part. If
redemption is in part, the maturity and the principal amounts
within each maturity to be redeemed shall be determined by
the Issuer and if only part of the Bonds having a commorl
maturity date are called for prepayment, the specific Bonds
to be prepaid shall be chosen by lot by the Bond Registrar. I
I
If the bonds qualifY for assignment ofCUSIP numbers such
numbers will be printed on the bonds, but neither the failure
to print such numbers on any bond nor any error with respect
thereto shall constitute cause for a failure or refusal by th~
successful bidder thereof to accept delivery of and pay fdr
the bonds in accordance with terms of the purchase contract.
The CUSIP Service Bureau charge for the assignment df
CUSIP identification numbers shall be paid by the successful
bidder.
INTEREST RATES:
REDEMPTION:
DELIVERY:
Within fortY days after award subject to approving legal
opinion by Briggs and Morgan, Professional Association,
Bond Counsel. Legal opinion will be paid by the Issuer and
delivery will be anywhere in the continental United States
without cost to the successful bidder at DTC. '
TYPE OF PROPOSAL:
,
Proposals of not less than $4,537,562.50 (98.75%) and
accrued interest on the principal sum of $4,595,000 from
date of original issue of the Bonds to date of delivery must
be filed with the undersigned prior to the time of sale.
Proposals must be unconditional except as to legality. A
certified or cashier's check (the "Deposit'') in the amount elf
$91,900, payable to the order of the City Administrator Qf
the Issuer, or a Financial Surety Bond complying with the
provisions below, must accompany each proposal, to be
forfeited as liquidated damages if proposal maker fails to
comply with accepted proposal. Proposals for the bonds
should be delivered to Northland Securities, Inc. and
addressed to:
I 823779vl
6
Judy Weyrens, Administrator
City of Sl Joseph
25 College Avenue North
St. Joseph, Minnesota 56374
If a Financial Surety Bond is used, it must he from an
insurance company licensed to issne such a bond in the State
of Minnesota, and preapproved by the Issuer. Such bond
must be submitted to Northland S,,,,urities, Inc. prior to the
opening of the proposals. The Financial Surety Bond must
identifY each proposal maker whose Deposit is guaranteed
by such Financial Surety Bond.
If the bonds are awarded to a proposal maker using a
Financial Surety Bond, then that successful bidder is
required to submit its Deposit to Northland Securities, Inc. in
the form of a certified or cashier's check or wire transfer as
instructed by Northland Securities; Inc. not later than 3:30
P.M., Central Time, on the next business day following the
award.
If such Deposit is not received by that time, the Financial
Surety Bond may be drawn by the Issuer to satisfY the
Deposit requirement. The Issuer will deposit the check of the
successful bidder, the amount of which will be deducted at
settlement and no interest will accrue to the successful
bidder.
In the event the successful bidder fails to comply with the
accepted proposal, said amount will be retained by the
Issuer. No proposal can be withdrawn after the time set for
receiving proposals unless the meeting of the Issuer
scheduled for award of the bonds is adjourned, recessed, or
continued to another date without award of the bonds having
been made.
AWARD:
The Bonds will be awarded on the basis of the lowest
interest rate to be determined on a true interest cost (TIC)
basis. The Issuer's computation of the interest rate of each
proposal, in accordance with customary practice, will be
controlling. In the event ofa tie, the sale of the Bonds _viII be
awarded by lot. The Issuer will reserve the right to: (i) waive
non-substantive informalities of any proposal or of matters
relating to the receipt of proposals and award of the Bonds,
(ii) reject all proposals without cause, and (iii) reject any
proposal which the Issuer determines to have failed to
comply with the terms herein.
INFORMATION FROM
SUCCESSFUL BIDDER:
The successful bidder will be required to provide, in a timely
manner, certain information relating to the initial offering
price of the bonds necessary to compute the yield on the
1823779v1
7
~. ."~
',. ~-;.'
1
bonds pursuant to the provisions of the Internal Revenue
Code of 1986, as amended. I
OFFICIAL STATEMENT
,
,
The Official Statement, when further supplemented by an
addendum or addenda specilYing the maturity dates,
principal amounts and interest rates of the Bonds, together
with any other information required by law, shall constitute .l
"Final Official Statement" of the City with respect to the
Bonds, as that term is defined in Rule I
15c2-12.
l
By awarding the Bonds to any underwriter or underwriting
syndicate submitting a proposal therefore, the City agrees
that, no more than seven business days after the date of such
award, it shall provide without cost to the senior managing
underwriter of the syndicate to which the Bonds are awarded
copies of the Official Statement and the addendum or
addenda.
BANK QUALIFICATION:
The Issuer will covenant in the resolution awarding the sale
of the bonds and in a Continuing Disclosure Undertaking to
provide, or cause to be provided, annual financial
information, including audited financial statements of the
Issuer, and notices of certain material events, as required b:f
SEC Rule 15c2-12. I
The Issuer will designate the bonds as qualified tax-exemp\
obligations for purposes of Section 265(b )(3) of the Internal
Revenue Code of 1986, as amended. I
CONTINUING DISCLOSURE:
BOND INSURANCE AT
UNDERWRITER'S OPTION:
I
If the Bonds qualilY for issuance of any policy of municipal
bond insurance or commitment therefor at the option of tbe
successful bidder, the purchase of any such insurance policy or
the issuance of any such commitment shall be at the sole optiob
and expense ofthe successful bidder ofthe Bonds. Any increas~
in the costs of issuance of the Bonds resulting from such
purchase of insurance shall be paid by the successful bidder,
except that, if the Issuer has requested and received a rating on
the Bonds from a rating agency, the Issuer will pay that rating
fee. Any other rating agency fees shall be the responsibility of
the successful bidder. Failure of the municipal bond insurer to
issue the policy after the Bonds have been awarded to th~
successful bidder shall not constitute cause for failure or refusal
by the successful bidder to accept delivery on the Bonds. I
I
The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale
I 823779vl
8
1'-. . ~,,_,
Dated: October 20, 2005
BY ORDER OF THE ST. JOSEPH CITY COUNCIL
/s/ Judv W evrens
Administrator
Additional iuformation may be obtained from:
Northland Securities, me.
45 South Seventh Street
Suite 2500
Minneapolis, Minnesota 55402
Telephone No.: (612) 851-5900
I 823779v I
9
'~" ,'.~. "-'
<"- ---
I Attachment: ~ or No
REQUEST FOR COUNCIL ACTION
CONSENT 3(D)
DATE: October 20, 2005
Administation
ORIGINATING DEPARTMENT
DEP ARTMENT APPROVAL
AGENDA ITEM
FSA Agreement
PREVIOUS ACTION
RECOMMENDED BOARD ACTION
Authorize the Administrator to execute the agreement with Acclaim Benefits to continue
providing Flexible Spending Account services for the City ofSt. Joseph.
FISCAL IMPACT
None
COMMENTS/RECOMMENDATIONS
'. :>:~.."'-, w
Acclaim
September 29, 2005
?r' <i
JudyWeyrens
City of St Joseph
25 College Ave N
St Joseph, MN 56374
Dear Judy Weyrens:
Acclaim Benefits welcomes the opportunity to continue providing Flexible
Spending Account (FSA) services for City ofSt Joseph. Our experienced team;of
account executives, coordinators and customer service representatives continually
strives to provide service excellence to you and your employees. Acclaim
Benefits will continue to look for ways to augment our service through
technology improvements and process efficiencies.
Enclosed are tWo signed copies of the updated Flexible Spending Account
agreement establishing services and fees for the upcoming plan year. We have
updated the agreement to comply with recent regulations and to clarify certain
sections of the agreement based on feedback from our clients. Please sign and
return one copy no later than 30 days prior to the renewal date.
I will contact you in the near future to discuss how Acclaim Benefits may
you in the coming weeks and months.
Acclaim Benefits values your business and looks forward to a continued
partnership. If you have any questions, please contact me at 763-278-4266.
Sincerely,
~ fA I In
"~oJJ:tl~O OJ
Andrea Buzz&tY
Acclaim Benefits
--=>
"
.-
_-.--e-
FLEXffiLE BENEFITS PLAN SERVICE AGREEMENT
I
This Agreement, effective as of the 1st day of January 2006, is by and between City ofSt
Joseph ("Employer") and Acclaim Benefits, a division of Stanton Group, Inc. ("Administratoi").
RECITALS
A. Employer desires to acquire services relative to the administration of flexible benefits
under certain employee welfare benefits plans.
I
B. Administrator has expertise in the administration of flexible benefits plans and Employer
desires to contract with Administrator to provide such services on the terms and conditions
set forth herein.
1. GLOSSARY OF SIGNIFICANT TERMS
i
1.1. "Account" means the account established by the Employer for purposes of paJng
Administrator all amounts due under this Agreement, including for purposes of
paying Claims under the Plan. i
I
1.2.
"Claim" means a request for payment or reimbursement from a Participant for.
eligible expenses incurred by the Participant or the Participant's eligible
Dependent.
1.3.
i
,
"Dependent" means with respect to the Participant, an individual who qualifies as
a dependent under the terms of Section 152 of the Code. '
1.4.
"Employee" means a common law employee of the Employer.
1.5.
"ERISA" means the Employee Retirement Income Security Act of 1974, as
amended from time to time.
I
I
"Grace Period" means a period of up to 2 Y, months immediately following the
end of the Plan year during which unused benefits or contributions remaining at
the end of the Plan year may be paid or reimbursed to Participants for eligible i
cafeteria plan expenses incurred during the Grace Period. Employers that wish to
make Grace Periods available to Participants shall adopt an amendment before the
end of the applicable Plan year. '
I
I
"Participant" means a participant in the Plan who is eligible as an Employee o~
former Employee of Employer and has enrolled in the Plan. I
1.6.
1.7.
1
9/16/05
1.8. "Plan" means the employee welfare benefit plan established and maintained by
Employer under which the cost of eligible cafeteria plan expenses of Participants
and/or Dependents are paid. The documents comprising the Plan include the plan
document and the Summary Plan Description. These documents exclusively
con.stitute the official plan documents.
~ 1.9. "Plan Administrator" means the entity that administers the Plan and which may be
so designated pursuant to Section 3(16)(A) of ERISA. Pursuant to Section 2 of
this Agreement, Employer is expressly named the Plan Administrator for
purposes of this Agreement, ERISA, and other applicable laws. The
Administrator shall not be deemed the "Plan Administrator" under this
Agreement.
1.10. "Run Out Period" means the period of time, generally 60 to 90 days after the end
of the Plan year (or if applicable, after the end of the Grace Period, which
generally will be 30 days), that claims may continue to be submitted for
reimbursement No claims shall be paid by the Administrator after this Run Out
Period unless specifically agreed to by the Employer and Administrator in
writing.
1.11. "Summary of Material Modifications or SMM" means a summary description of
material modifications or changes to the Plan.
1.12. "Summary Plan Description or SPD" means a document furnished by the
Employer to Participants describing the t=s and conditions of the Plan.
2. GENERAL PRINCIPLES
2.1. Generally. Administrator agrees to provide flexible benlefits plan administration
services as described in Section 3 on behalf of Employer on the following t=s
and conditions:
2.1.1. Administrator's role in administering Claims is purely ministerial, and
performed within a framework of policies, interpretations, rules, practices
and procedures made or adopted by Employer. Administrator will only
have authority to construe the provisions of the Plan Document and
determine whether a Claim is eligible to be paid in accordance with the
t=s of the Plan and this Agreement, in accordance with any
administrative procedures adopted by the Employer. Administrator does
not assume any of Employer's fiduciary respons~bility for compliance with
any applicable state or federal law or interpretation of the Plan..
Administrator is not a fiduciary or a Plan Administrator to the Employer's
Plan.
2
9/16/05
9/16/05
2.1.2.
2.1.3.
2.1.4.
2.1.5.
2.1.6.
2.1.7.
.
Employer retains ultimate authority and discretion over all Claim
determinations under the Plan. Administrator shall provide claims
adjudication information to Employer in a manner that does not include
protected health information as defined under HIP AA (exceptions for I
enrollment information, etc.), unless a Business-Associate Agreement is
executed betWeen Administrator and Employer, or that is impossible under
the circumstances. Employer is solely responsible for providing funds for
all valid Claims under the Plan. i
:
Employer shall be the Plan Administrator within the meaning of sectioh
3(16)(A) of the Employee Retirement Income Security Act of 1974, as 1
amended. Employer shall have the sole, complete, and final discretioniuy
authority to determine conclusively all questions concerning the
administration and/or interpretation of the Plan. Employer shall have 1
authority to and shall interpret and construe the terms of the Plan and I
determine all questions of eligibility and status of Employees and their,
dependents under the Plan. Employer shall determine the benefit and I
administrative provisions of the Plan and shall be solely responsible for
the terms of the Plan. I
I
Employer shall have absolute authority with respect to the control, :
management, investment, disposition and utilization of Plan assets, if ahy,
and Administrator shall neither have nor be deemed to exercise any
discretion, control or authority with respect to the disposition of Plan
assets.
Administrator does not assume any responsibility, risk, liability or
obligation for the general policy direction of the Plan, the adequacy of,
funding thereof, or any act or omission or breach of duty by parties oilier
than Administrator. Administrator has entered or will enter into I'
arrangements with subcontractors who are independent contractors to
perform services under this Agreement, and shall be responsible for those
services to the same extent that it would have been had it performed those
services without the use of subcontractors. Administrator is not and shall
not be deemed a guarantor with respect to any benefits payable under the
Plan. I
,
Employer shall provide Administrator with any information that may be
reasonably requested from time to time by Administrator in the I
performance of its duties hereunder. Administrator has no responsibility
to assure accuracy of data provided by Employer. 1
i
I
Administrator shall render services hereunder consistent with the legal
requirements set forth in the Internal Revenue Code and ERISA. In the
event that Employer's Plans Contain provisions that are different than the
Internal Revenue Code and ERISA (due to Employer's interpretation df
3
unclear or unresolved areas oflaw), Employer shall affirmatively disclose
these differences to Administrator. Such differences are set forth on
Schedule B which is attached hereto and made a part hereof.
2.2. Acts or Omissions. Employer shall not be liable for any acts or omissions of
Administrator except those expressly authorized by the terms of this Agreement
or performed by Administrator at the direction of Employer. Administrator shall
not be liable for any acts or omissions of Employer, except to the extent that such
action or omission is the result of Employer's reliance om Administrator to provide
the services specified under this Agreement.
2.3. Exclusivity. Unless otherwise agreed to in writing, Employer shall utilize
Administrator as the single, sole, and exclusive agent to assist Employer in
administering the flexible benefits portion of the Plan.
3. DUTIES OF ADMINISTRATOR
General Duties. Administrator will provide all necessary telephone services for benefit
inquiries, office supplies and normal postage incidental to the performance of services
under this Agreement. Administrator will provide and maintain an adequate and properly
maintained staff to perform its duties hereunder and to answer the inquiries of the
Employer, its agents, Participants and Dependents with respect Ito administration of the
Plan. Administrator maintains professional liability insurance to cover any of its officers
and employees who may be involved in collecting money or making Claim payments.
3.1. Administrator will provide the following Claims administration and related
services under this Agreement:
3.1.1. Enrollment Process. Administrator will provide enrollment package, if
purchased by Employer, or enrollment information, and process all
Employee enrollment elections provided by Employer to Administrator.
Non-electronic enrollment information is subject to additional fees.
3.1.2. Review Claims for payment. Administrator will timely review all Claims
to determine if they are payable under the terms of the Plan.
3.1.3. Pay valid Claims on behalf of the Plan. If the Claim is payable under the
Plan, Administrator will process the Claim and make the payment as long
as there are sufficient funds provided by the Employer. Administrator's
payment of any Claim may be withheld if Employer is in default on any
payments due Administrator.
3.1.4. Provide notice of adjudication of Claims. Administrator will notifY the
Participant and/or Dependent of Claims adjudication including denied
Claims, in a manner consistent with the requirements of ERISA, DOL
Regulations and the Plan.
4
9/16/05
9/16/05
3.1.5. Provide an appeal process and other review for denied Claims consistent
with the terms of the Plan. Administrator will provide an appeals proc~ss
for the resolution of any disputed Claims arising under the Plan. To the
extent that an appeal may involve an unsettled area of law or an ambiguity
in the Plan, Administrator will not settle the claim but will rely on and 1
look to the Employer to decide any such matter. Employer shall provide
its decision in writing to the Administrator. Consistent with the appeal~
process provided under this Agreement, Employer retains final authority.
and discretion with respect to the appropriateness of payment of all i
Claims. I
I
3.1.6. Provide a toll-free number for Employee questions. Administrator will
provide and staff a toll-free number for Employees and Dependents to i
provide customer service during normal business hours, which are 7 an\. to
6 pm central time, Monday through Friday except holidays. Administrator
will answer questions about the Plan and Administrator's services. The
terms of the Plan will govern the rights and obligations of the Employee
and Dependent in the event of any misstatement or omission of material
information by a Administrator employee or agent. I
1
3.1.7. Provide reports. Provide to Employer such reports as agreed to in writmg
betWeen Employer and Administrator. Standard reports provided undet
this Agreement are indicated on Schedule C. I
3.1.8. Advise Employer of amount of Claims paid and fees charged.
Administrator will provide Employer with a summary listing of all Claims
Paid and fees due for purposes of reimbursement through Employer's
Account each processing period. Administration fees are to be billed
separately from claims payment information on a monthly basis.
3.1.9. Upon request by Employer, Administrator shall administer COBRA
continuation provisions.ofPlan at no additional charge. Upon receipt of
, written notice from Employer of names of participants, spouses or I
dependents who have incurred a qualifying or second qualifying event (as
defined in Code Section 4980B) and the date of such event, Administrator
shall supply elections notices/forms to qualified beneficiaries eligible to
elect continuation coverage under the Plan's terms. Further, Administrator
shall monitor election periods, establish payment procedures for those I
qualified beneficiaries who elect coverage, collect and track monthly i
COBRA continuation payments in accordance with such procedures, and
administer medical reimbursement accounts payments to such qualified
beneficiaries consistent with the Plan's terms for the appropriate COBRA
period.
5
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9/16/05
3.1.10. Other services mutually agreed upon by Administrator and Employer.
Administrator will provide other services as mutually agreed to in writing
between Administrator and Employer.
3.1.11. Special Requests. Handle special requests for reports, letters, studies,
assisting in notifications, compliance auditing and any other services as
mutually agreed upon in writing by and between Employer and
Administrator, subject to the limitations specified in this Agreement.
These services are not included in the fees described in Schedule A.
3.1.12. Forward appropriate questions to Employer. Forward all questions or
problems calling for interpretation, discretion, and qualification or
otherwise to Employer.
3.1.13. Return uncashed reimbursement amounts to Employer. Administrator
shall return all uncashed reimbursement amounts to Employer within
tWenty-four (24) months of the date the check was originally issued or
within administratively feasible period of time following return of check,
if returned later so that Employer may determine the appropriate method
to deal with the unclaimed property.
3.1.14. Legal Updates. Update Employer (via general client mailings) of any
changes to statutes, regulations and procedures that affect any services
performed by Administrator hereunder. Such communications shall not
constitute "legal advice" and Employer shall retain responsibility for Plan
compliance, as described in 3.2.
3.2. Documents. If so requested by Employer, Administrator will assist Employer for
an additional fee as noted on Schedule A, the preparation and distribution of Plan
documents, the Summary Plan Description and Summary of Material
Modifications. Employer will remain solely responsible for obligations under and
with respect to the Plan, including, without limitations, (listribution of the SPD
and determining what modifications constitute material modifications that require
distribution of a Summary of Material Modifications to IParticipants and
Dependents.
3.2.1. Prepare, provide and distribute claims forms and other forms. If
requested, Administrator will prepare, provide and distribute claims forms
for submission of Claims and forms for enrollment and explanation of
benefits.
3.2.2. Preparation of Form 5500. If requested, Administrator will compile data
for completion of the Annual Report (Form 5500) for the Plan, and any
and all other reports required by the Internal Revenue Service, Department
of Labor, and any other federal or state agencies. Administrator shall
6
. provide the draft Form 5500 to the Employer for review, approval and
submission to the appropriate agency.
3.2.3. Other Services. If requested, Administrator will provide other services,
including, but not limited to, emollment, Participant and eligibility. I
support, various reports, financial analysis, annual review and banking
agreements. Administrator will also provide an account representative ifor
Employer. I
3.3. Records. Maintain detailed records regarding Participants. Such records shall I
include:
3.3.1. All annual elections made by the Participant.
3.3.2. The applicable deferral rate for each Participant covered by the Plan.
3.3.3. All status change information received.
3.3.4. Claims history and account balances.
3.3.5. Other records as mutually agreed upon by Administrator, and Employer in
writing.
3.4. RqlOrtS. Subject to the limitations specified in this Agreement, prepare and
submit to Employer flexible benefit plan administration data as required for
Employer's use in preparation of reports for federal or state agencies or for
defense in litigation subject to SectionS.5.
4. EMPLOYER GENERAL DUTIES
7
9/16/05
'.
"I.
9/16/05
required or requested by Administrator to properly ~c1minister COBRA
continuation coverage under the terms of the Plan.
4.1.5 Any other information required by statute or agreed upon by Employer
and Administrator.
4.2. Additional Duties. Employer is r~onsible for the following:
4.2.1. Reconciling reports received from Administrator to Employer records in a
timely manner.
4.2.2. Notifying insurers of additions to, terminations fimn, or changes to elected
coverage.
4.2.3. Notifying all eligible Employees of any changes in benefits and providing
qualified beneficiaries with a Summary Plan Description, upon request
and consistent with federal law.
4.2.4. Establishing and notifying Administrator of the premiums due under the
Plan for pre-tax benefits, and establishing and notifying Administrator of
the flexible spending account limits of the Plan.
4.2.5. Employer shall remit fees due for purposes of reimbursements through the
Plan after each processing period, upon tWenty- ~iJur (24) hours of receipt
of notification by Administrator.
4.2.6. Providing Administrator with such other information as Administrator
may reasonably require in order to render services hereunder.
4.2.7. In the event of Employee fraud against the Plan, it is the Employer's
responsibility to make the Plan whole and pursue appropriate remedies
from the Employee.
4.2.8. In the event the Plan fails the non-discrimination testing, the Employer
shall initiate any required corrective action.
8
4.2.9. Determining the appropriate handling ofuncashed reimbursement
amounts that are returned to it by Administrator.
4.2.10. Exercising discretion to decide appealed claims in areas where the law s
not settled or Plan interpretation is required.
4.3 Claims Funding. Employer shall make available a single Source Account for
claims funding transactions. Administrator shall establish and maintain a Funding
Account, which is distinct from the Source Account, with a bank ("Bank") as
determined by Employer. Employer may make its own accounts available to
function as the Funding Account within this arrangement,' although other fees may
~~~ i
I
I
4.3.1. If Employer elects daily processing of amounts funded weekly, Employer
shall establish and maintain a non-accumulating amount in the Funding
Account in an amount estimated by the Administrator and approved by:
Employer to be up to two (2) payroll cycles of employee contributions (the
"Minimum Funding Amount"). On a weekly basis thereafter, or more I
frequently as necessary for the daily administration of claims, Employer
shall make additional funds available in an amount sufficient to restore ithe
FundingAccount to the Minimum Funding Amount. The Employer sh~ll
allow Administrator to draw funds equal to the Minimum Funding !
Amount from its Source Account using an ACH Debit transaction, or shall
initiate and execute an electronic transfer of therequested funds into the
Funding Account or issue and send a check ofthe requested funds on ai
weekly basis or within tWenty-four (24) hours of receipt of the request. i
4.3.2 If the Employer chooses to fund the payment of claims through debit cLd
issued to Participants, the Minimum Funding Amount shall be up to tWo
(2) payroll cycles of employee contributions. On a weekly basis I
thereafter, or more frequently as necessary for the daily administration pf
claims, Employer shall make additional funds available in an amount I
sufficient to restore the Funding Account to the Minimum Funding i
Amount. The Employer shall allow Administrator to draw funds equal:to
the Minimum Funding Amount from its Source Account using an ACH
Debit transaction, or shall initiate and execute an electronic transfer of the
requested funds into the Funding Account or issue and send a check of the .
requested funds on a weekly basis or within tWenty-four (24) hours of
receipt of the request.
4.3.3 If Employer designates its own account to function as the Funding !
Account, Administrator shall provide the Employer with a funding request
for reimbursement in conjunction with disbursement of the payments. The
Employer shall allow Administrator to draw funds equal to the Minimtim
Funding Amount from its Funding Account using an ACH Debit i
transaction, or shall initiate and execute an electronic transfer ofthe I
requested funds into the Funding Account or issue and send a check ofthe
9
9/16/05
0".. ~'"..,
requested funds on a pre-determined schedule based on how frequently
. claims are processed or within tWenty-four (24) hours of receipt of the
request.
4.3.4. Administrator shall serve as nondiscretionary custodian for the benefit of
Employer with respect to any amounts held in the Funding Account or any
disbursement account on behalf of Employer. :Minimum Funding
Amounts, if any, shall be calculated pursuant to this agreement and are not
subject to the discretion of the Administrator. Employer acknowledges
and agrees that the Funding Account or general disbursement account into
which employer contributions and deferral amounts from eligible
participants are deposited upon receipt by Admircistrator may contain
funds from one or more other plans under contral::! with Administrator for
administrative services
4.3.5. Administrator shall earn interest on funds provided by Employer at a
published, variable, earnings credit rate established by the Bank. Interest
shall accrue on amounts from the date they are dl;:posited in the Funding
Account or other disbursement account and until they are paid to
participants, vendors, or returned to the Employer. For this purpose, funds
are treated as paid on the date they are transferred electronically or on the
date on which a check is presented to the Bank fbr payment. With respect
to any arrangement requiring a Minimum Funding Amount, funds shall be
paid on a first-in-first-out basis following adjudi<;ation of claims submitted
by Participants, and within timeframes mutually agreed upon by Employer
and Administrator. Incomplete claims, denied claims, and appeals shall be
administered within the timeframes set forth in the Plan and SPD.
Employer acknowledges that compensation otherwise charged by the
Administrator for services hereunder would be higher if Administrator did
not earn interest on aggregate cash balances that it has on deposit in
disbursement accounts to acco=odate payment of claims under the Plan.
5. FEES AND PAYMENT
5.1. Fees. In consideration for the provision of services herf:in, Employer agrees to
pay to Administrator the amounts listed in Schedule A, which is attached hereto
and incorporated herein by reference.
5.2. Invoices. Administrator shall invoice Employer for fees payable once each
month. The invoice will be due and payable by Employer within fifteen (15) days
of invoice date. A late paymentfee of 1-1/4% per month (15% annualized) or the
highest rate permitted by law, whichever is less, will be applied to past due
amounts. Administrator reserves the right to suspend services for nonpayment.
Administrator shall provide 15 days written notice prior to suspension of services.
If full payment is not made by the end of the IS-day notice period, Anmini,trator
shall suspend all services under this agreement. In the event Administrator
10
9/16/05
suspends its services upon written prior notice to Employer because of Employer's
failure to pay the fees in a timely manner, Administrator shall have no liability or
responsibility for any claims, taxes or liabilities incurred by Employer as a restilt
of such suspension. i
5.3. Reservation ofRicllts. Administrator reserves the right to revise and modify the
pricing structure in the event of an increased number of eligible Employees (stich
as a large acquisition, or group layoff, etc.). Prices in SchedUle A are based on
the number of participants in the plan will be adjusted in accordance with i
Schedule A for increases or decreases in the number of participants on an anntial
basis. Administrator will notify Employer sixty (60) days prior to any service fee
change unless parties agree to shorter time frame due to substantial change in I
number of covered employee.
5.4. Limitation. The fees described in SchedUle A do not include, without limitation,
the following expenses which shall be paid directly by Employer. !
I
5.4.1. Fees and expenses charged by an independent auditor for the preparati6n
of the annual or other periodic audits performed for Employer. .
!
5.4.2. Fees and expenses charged by legal counsel of Employer, or any other i
professional paid advisor to Employer for services performed on behalf of
Employer. :
i
5.4.3. Actual expenses or a reasonable fee, to be mutually agreed upon, for any
services not required of Administrator by the terms of this Agreement, I
,
which the Employer requests or authorizes Administrator to perform. I
Administrator shall not incur any expense by reason of this subparagraph
without the prior written approval of Employer. i
i
5.6. Arbitration and Litigation Fees. Additional fees for services rendered by
Administrator in connection with arbitration or litigation concerning the Plan or
any claim thereunder shall be paid pursuant to a separate written agreement .
betWeen Employer and Administrator. Unless the parties enter into such an l
agreement, Administrator is not required to provide any services to Employer III
connection with arbitration or litigation. !
I
5.7. Forms. Fees and expenses incurred for the printing of customized forms used by
Employer for Flexible Benefits plan procedures and/or notifications to !
Administrator not listed in this Agreement are the responsibility of Employer.
6. INDEMNIFICATION
9/16/05
6.1. Emplover's Dutv to Indemnifv. Employer shall indemnify, hold harmless, and
defend Administrator and its directors, trustees, officers, employees, and agents
from and against any and all liabilities, losses or damages arising out of any
11
claims, lawsuits, or causes of action, and any costs and expenses associated
therewith (including any attorneys' fees Administrator may incur or be asked to
pay), which arise, directly or indirectly, from Employer's act or omission to act in
its administration of the Plan, from litigation to recover benefits under the Plan
that is brought by a participant, provider or other third party, or arising under any
state, federal or local law or regulation. Administrator shall not be responsible for
any penalties, judgments, costs or assessments of whatever kind assessed by any
governmental agency due to Employer's failure to notifY appropriate parties
within the statutory limits. If such penalties, judgments, costs and assessments
are assessed against Administrator, Employer shall immediately pay such
penalties on behalf of AdmllristratoL
6.2. Administrator's Duty to Indemnify. Administrator shall indemnify, hold
harmless, and defend Employer and its directors, trustees, officers, employees,
and agents from and against any and all liabilities, losses or damages arising out
of any claims, lawsuits, or canses of action, and any costs and expenses associated
therewith (including any attorneys' fees), which arise, directly or indirectly, from
Administrator's act or omission to act in its contracted duties for Employer, or
arising under any state, federal or local law or regulation. Employer shall not be
responsible for any penalties, judgments, costs or assessments of whatever kind
assessed by any governmental agency due to Administrator's failure to notify
appropriate parties within the statutory limits. If such penalties, judgments, costs
and assessments are assessed against Employer, Administrator shall immediately
pay such penalties on behalf of Employer.
7. RECORDS
9/16/05
7.1. Emplover Propertv. All records kept by Administrator in performance of this
Agreement are the property of Employer, including, but not limited to financial
records, continuee records, records relating to premiums, lists of names, and any
and all applicable forms. In the event oftermination oflhis Agreement, all
archived records will be returned to Employer within ninety (90) days at
Employer's expense, or destroyed, if so directed by the Employer. All active
records shall be returned to Employer at Employer's expense within thirty (30)
days of termination date, or destroyed, if so directed by 1he Employer. If records
directed to be destroyed are unable to be destroyed due to infeasibility,
Administrator shall continue to protect the confidentiality of such records as
required by this Agreement. Any electronic records shaJII be provided in
Admllristrator's standard format. Employer shall be responsible for
Administrator's expenses incurred in copying, processing, and forwarding such
records. While Employer is an active client of Administrator, Administrator shall
retain records for a customary period of time, generally seven years, before
purging. If records are returned to Employer and Administrator needs to defend
its actions, then relevant records will be returned to Administrator at Employer
expense.
12
7.2. Confidentialitv. Administrator shall hold as confidential all discussions with
Employer and all records and other information regarding Flexible Benefit plan
coverage. No such discussions or records shall be divulged unless authorized by
Employer in writing or unless required by the courts or proper govermnental
authority. If a govermnent authority requires Administrator to divulge such
information, Employer will receive written notification from Administrator of
such disclosure.
7.3. Audits. Administrator shall, within thirty (30) days written notice from
Employer, allow Employer or an authorized agent to inspect or audit all records
and files related to this Agreement maintained by Administrator at the i
administrative office of Administrator during normal business hours. Employer
shall be liable for any and all fees to be charged by the auditor. Any such agent or
auditor that has access to the records and files maintained by Administrator shall
agree not to disclose any proprietary and confidential information used in the
business of Administrator.
8. TERM AND DURATION
8.1. Term. Except as otherwise provided in Section 9.1, this Agreement shall becoine
effective as of the date written above, and shall continue in full force and effect
for twenty-four (24) months thereafter. Fees and service elections may be
adjusted each renewal.
8.2. Renewal. Except as otherwise provided in Section 9.1, this Agreement shall
automatically renew for additional and successive tWelve (12) month terms or
other terms as mutually agreed upon, unless either party gives at least sixty (60)
days advance written notice of termination to the other party by first class maili
before the end of the current term; provided that none of the parties are in defahlt
hereunder.
9. TERMINATION
9.1. Sixtv-Dav Notice. Either party shall have the right to terminate this Agreernen
on any date by giving the other parties not less than sixty (60) days advance
written notice oftermination.
9.2. Breach. Either party shall have the right to terminate this Agreement upon brehch
of the Agreement by the other party. The non-breaching party shall give the I
breaching party written notice of the alleged breach and shall provide the i
breaching party with thirty (30) days to correct said breach. If the breach is not
corrected within said thirty (30) day period, the l).on-breaching party may
terminate upon ten (10) days additional notice.
9.3. Bankruptcv. Administrator may terminate this Agreement immediately in
the event that Employer files for bankruptcy.
13
9/16/05
9.4. Obligations in the event of termination.
9.4.1. Transfer of Records. On and after the date oftermination of this
Agreement, and except as otherwise agreed upon by the parties in writing,
Administrator shall not be obligated to perform any of the services
specified in the Agreement, or any amendments 1hereto; provided,
however, that in the event of termination, Administrator shall have Ii
reasonable time to transfer the records relating to the services provided
under this Agreement for Employer's flexible benefits plan in accordance
with the Eniployer's written instructions.
9.4.2. Immediate Payment Due. Upon termination of this Agreement, any
indebtedness of Employer to Administrator shall become immediately due
and payable. If this Agreement is terminated within six (6) months of its
effective date, a termination fee equal to the average monthly fee for the
period during which this Agreement was in force: will be payable to
Administrator.
9.4.3. Other Obligations. In the event of termination of this Agreement,
Administrator agrees to provide flexible benefit plan "ilministration
services as described in Section 3 on behalf of Employer through the Plan
Run Out Period. Employer agrees to pay Administrator the amounts listed
in Schedule A through the Plan run out period.
10. MISCELLANEOUS PROVISIONS
10.1. Assignment. This Agreement may not be assigned by either party without the
written consent of the other party.
10.2. Construction. This Agreement shall be construed consistent with the laws of the
state of Minnesota to the extent not preempted by ERISA. Subject to section
10.3, any legal action in connection with any controversy, claim, or dispute
arising under this Agreernent (or with respect to the services provided pursuant to
this Agreement) shall be submitted to a state or federal ('-ourt located in Minnesota
with competent jurisdiction, and Employer hereby expressly submits to the
jurisdiction of such courts. The parties expressly agree that money damages is an
available remedy notwithstanding any limitations on the scope of remedies
imposed under ERISA Section 502(a)(3).
10.3. Alternative DisPute Resolution. Any dispute arising out of or relating to this
Agreement (including the formation, interpretation or alleged breach thereof)
shall be settled by final and binding alternative dispute resolution conducted in
accordance with the standards and procedures of the Anlerican AIbitration
Association and in accordance with the provisions of Se:ction 10.2. The parties
14
9/16/05
- '"
expressly agree that the arbitrator may award money damages but no punitive I
damages. I
,
10.4 Independent Contractor. Nothing contained in this Agreement shall be construed
as creating the relationship of employer and employee betWeen the parties, an~
Administrator shall at all times be an independent contractor to Employer. '
I
10.5 Invaliditv. If any provision of this Agreement is held invalid or unenforceablei
such invalidity or unenforceability shall not affect any other provision, and this
Agreement shall be construed and enforced as if such provision had not been '
included.
,
I
10.6 Amendment. This Agreement may be amended by Administrator and Employi:r
at anytime by mutual written consent of both parties. I
10.7 Entire Agreement. This Agreement is the entire agreement of the parties and
supersedes all prior contracts, representations, understandings, memoranda and
other communications betWeen the parties.
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement the day and year first above written.
City ofSt Joseph
By:
Acclaim Benefits, a division of Stanton Group, Inc.
BY:~~
Print Name:
Title:
Date:
9/16/05
Print Name: Jeffrey Ackerson
Title: General Manager of Operations
Date: September 27,2005
15
>
SCHEDULE A
City of St Joseph .
Flexible Spending Account Ailminidration Fees
Monthly Participant Fee:
Minimum Monthly Fee
FSA Annual Renewal Fee -
Additional Non-Discrimination
testing in the event of a failed test
Optional Services:
Health FSA COBRA Services
Amend & Restatement of Plan Documents:
Sununary of Material Modification:
Welcome letter:
Employee Communication Materials:
Special Processing (service fee):
Special ad hoc reporting or ITS coordination:
Emollment Meetings (for future plan years):
$5.15
$100.00
$500.00 if automatloo enrollment and payroll
reporting
$500.00 plus $2.50 per participant for
manual enrollment and payroll reporting.
$75.00 per hour
No charge
$550.00
No charge (maximum of tWo)
$1.75 each
$2.50 per packet plus postage/shipping
$75.00
Time and Materials
Based on attendance at meetings
In addition, reasonable fees include possible interest earnings as descnlJed in Section 5.2 of this
Service Agreement.
9/16/05
16
SCHEDULE B
17
9/16/05
,
SCHEDULE C
Reports to be provided by Administrator under this Service Agreement:
1. Payroll Deduction Reports
2. Account Summary Reports
3. Possible Termination Reports
4. Forfeiture Reports
5. Check reports.
9/16/05
18
I
I Attachment: Yes'orNo
REQUEST FOR COUNCIL ACTION
One Day Liquor License
DATE: October 20, 2005
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
One Day Liquor License: Requested Action - Authorize a one-day liquor license for an event to be held
at the College of S1. Benedict on October 29,2005
PREVIOUS ACTION
RECOMMENDED COUNCIL ACTION
Approve the license contingent upon the submittal of insurance.
FISCAL IMPACT
COMMENTSIRECOMMENDATIONS
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Oct 18 05 01:49p
CSB Food Service
p.1
DATE:
October 18, 2005
TO:
Judy Weyrens, Administrator/Clerk, City of St. J~)seph
(320) 363-7201 phone
(320) 363-0342 fax
FROM:
Bruce Fuller, Catering Manager
(320) 363-5145 phone
(320) 363-6395 fax
RE:
One-day Liquor Permit
I would like to receive a one day liquor license
Date: Saturday, October 29th, 2005
Time. 3:00 pm -10:00 pm
Event Red Mass
For approximately 80 people
Place: TRC. Main Building, College of Saint Benedict
Thank you
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I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Sand Companies - Special Use Amendment
DATE: October 20, 2005
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Special Use Amendment, Sand Companies
PREVIOUS ACTION
The City Council in August 2005 approved a special use permit and preliminary plat for Sand Companies.
See the PC Request for Council Action for complete details
RECOMMENDED COUNCIL ACTION
Accept the recommendation of the Planning Commission and grant the amendment to the Special Use
Permit allowing the patio home portion ofthe plat entitled Morningside Acres 2 to be developed with!two
story, three bedroom Townhomes.
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
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I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Sand Companies - Amend Special Use Permit
DATE: October 17, 2005
AGENDA ITEM
Public Hearing - Amend Special Use Permit, allowing the construction of all two story townhomes
PREVIOUS ACTION
The Planning Commission and City Council approved the Plat entitled Momingside Acres 2. At the ume
of approval the plat included the following: 32 town home units (work force housing); 18 patio homes
(10 two story, 8 one story); 30 Single Family Homes. The development of the 32 town homes is fmartced
in part through the Minnesota Housing Finance Agency and labeled as work force housing.
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Council approve therevised Special Use Permit request as presented.
COMMENTS/RECOMMENDATIONS
Their was a question at the last Planning Commission meeting as to whether or not the patio homes were
part of the fmancing for affordable housing. For your convenience I have attached a portion of the !
application where Sand Companies identifies each type of housing that will be constructed. As you can
see the only portion they indicated would be affordable are the 32 town home units. I
The R-3 Zoning District requires a special use permit for all developments that contain more than 12 ,
units. Therefore, once approved, the plan can only be changed by amending the special use pennit.
Enclosed in the packet is the site plan as approved, the highlighted lots indicate two story units, the
remaining units were to be. one story, two bedroom.
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Public Hearing
City of Sl. Joseph
The Planning Commission for the City of St.Joseph will be conducting a public hearing on
Monday, October 17, 2005 at 6:30 PM. The purpose of the heariing is to consider the
revision of a Speciai Use Permit issued on August 5, 2004. The Special Use Permit
provided for the construction of eight (8) single story patio homes and ten (10) two story
townhomes. The revised site plan develops the entire site with two story townhomes.
The property is legally described as follows: Lot 2; Block 3 Momingside Acres 2
Sand Properties Inc., 336 South Tenth Avenue, PO Box 727, Waite Park MN 56387 has
submitted the request for Special Use.
Judy Weyrens
Administrator
Note: State Law requires mailed notice to all property owners within 350 feet of a Variance,
Special Use Permit, Interim Use Permit or Rezoning request.
o
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Project Area
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#2.p; . .'. 'TIKi p~ develllpmeirtspIitsthe21.64acres neari)rillhaffi dedlcatitig 9~12. '
. acres.to sii1gleliim~y lots~ 8.<) iwresto multiple familyl1O\1Sjrig. The.latter areac~ the; ....
. lowland wetlands lind the proposed water pond: 14t sizes in the single family portion range .from. " , .
.1l,0()() sq. it to :z4,0(l0 sq/ft; and are expectedtl;) atiraCt honlebuyqSraitgmg fr9m young fariiiiies
~=;:~;~~::h.~first~qmetom~esUibIiSh~tiun~I~~~move to I... '. '
'The townhoniepo!tion ofthemuitiple fiuniIyportion(32tOwnhomes in8 bUilditigs) are plimnlld '.' .
......~~~==~:::~~=;~J:~o::~:rto<;:~:=f~el.
irneJ:estedinvestorS and ahs ~e effeet.ofloW<lriilg l>Veralhnortg8ge ainounIs.Inreturn;the .' I:.
developer must kt;epi'ents in the affordable nirige basedll!'nieman~ incpmes. qften referred to,
." as"work-rorce"houSing,thesetbreebe<lroom tOwn homes will baveoo,!ble gBrages and sepanite
. ongt"l!de~lindarefuJlyequipped'with applilnii:eSlindfinisheS,.': . ..... . . "1
. The plItioj1omepomoo. ~the devel~nt(l8homesin9li9ildings)llre designedtoappeai to ithe .
'. "emplY n~' llndllcm~seniors'lIUIfket, prtlvidiJigtliemwitli smgleJamiIy'slYle IiviDg under a . ."
,'. '. ~~en,tthiltanoy".thcingreiltfreedonifhr t!JlVel8ndli'eeStliemfi;mtlJl!linteDan~aild .
'. "Illwnaiidyarowork.' .'\.Iirlxiiftwo bedrQom aridtheebedrooni hOmes will be. prtlVided.; aitdeai:h;
nirltWjllhirVelldojlble giirlIge. . . . ". .
"., '_ "'".. "'.--. _'< . ":. ","'" .- _ _' -. . _.._.- '_-' ,'" ,"...::' ,_<'" "~'_,', '." i
. . The single family houSinglotS wI1\ be~fferedto we toll !iifmed iI#er of reputable area home
." . b1ii1ders. It is exPecledthatsOll1e homeSwillbe constru<;tecifoc Sllle on completiOn, but that ~y
Willalsobe~homescrelltedf~rtliebuy~speciticwmrtslindnee&.i. . '. .' '.. ....1 . ,
Sand Companies;In~:will~ci,!lwnand ~themuJtiple bousingportion of the In"!lject,' . I.
. . prtlvidingal! tenllnt ~IitiCliti6!1 aridbackgroU1lil checks to~.,tbat temUltS meetboth the: . 1
mconiecrit'eriaand have a good cre~and behavior histOry.Sand'CoiiqiairleswillaIsQproVidtiall I'
mirin~CereqUired,~o(inSidetheto~homes, the exteriorS., aDd the Illwn~~ .....
areas;\ll~sniiw~vaIiUlsoarespons~~o(s8ndCo\nJlanies;Inc, .... .............. '1".
. . The full ~elopment will include 80holl1-es.Pioj~ tbe-singl~tamnyhOllleS atfpenonsPer...
home, the town homeS af3's persOuSper h"me aDd thepatic hOlDes at2per$OnS pe~~~ Yields a I .,'
.=~;;:~::t:i~;:~:ii~':::n~eUZ';=:~~~::::~ ..\
.... generate two veliicles, while abC#~1br the patio llomeS would be I,S cars i>eJ:):tome.j . .. I
. Total vehiclelCO!JDtcoUld ':l'llclfI50. A,llto_ homes1U1d patiobomeS :will have two Car i,lanjges
\vith an additional two p8rking splices in the ~ to the garage:)tis expected th8t all the I
. single falIliIybomeswould have twoCargarages as aJ:l$innnn; and t1ie driveways here would I
bav" room for at Ieast.fourclirs giv.,n tJ1esetback requii-emenis, . Certainly sOnie singlelluniIy I.
,"li"ri\eswillt:!mlecm:~es8swell;' .' '1.
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#2.EPJans.ilrebeginniadil to begin site ~and utililYWork later this ~wnmC\',lindit m .
~to~veSiJlglefamilylotsreadyforhomesbYlate'fuIIOf2004.. .' . .1
SandCompaiue~,Inc. plansti> iIIllke iJpplication to Minnesota Housing Finance Ageney in hit<;JUly
. of2004for tIie town h~ portion of the projC!'lunder the HouSing Tax. Creditprogram. This!sa
cofupelitive process for seleetionSin~aVliilable tax credits ate.ratiOned by the state. If the merits .
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I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Variance Request - Midnight Haulers
DATE: October 20, 2005
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Variance Request - Midnight Haulers
a. Exterior Requirements
b. Curb and Gutter
PREVIOUS ACTION
The City Council previously approved a development plan for Midnight Haulers. The plan required
compliance with the City Ordinances. During review the property owners were notified that since twq
sides face public right-of-ways the exterior requirements would be required on both sides. Midnight I
Haulers is requesting relief from the side abutting CR 133 as it will be screened by a fence.
They are also requesting relief from the curbing requirement for financial reasons. They have also citdd
that other property owners are not required to do the same. Based on photos received from Midnight !
Haulers, the requirement was not in place. The new requirement became effective in 2003. Properties!
since that time have been required to meet the requirement. In fact, Bliss Marketing will begin
construction shortly and they are required to do the same.
When Tom Jovanovich presented the Land use workshop, he clarified that in order to grant a variance
ALL seven requirements must be fulfilled. This is governed by State Statute. Also, a variance cannot be
granted for financial reasons.
RECOMMENDED COUNCIL ACTION
Two separate actions are required and are as follows:
I. Accept the recommendation and findings of the Planning Commission and grant relief on
the exterior requirements on the side facing CR 13 3. Relief is being granted as the !
exterior will not be visible from the ROW. i
I
2. Accept the finding of the Planning Commission and deny the variance for the curb and
gutter requirement as findings of fact could not be determined and the variance request
did not secure the needed votes for passage. (See Comments below)
;.:;0;:
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
Exterior Reliif
i
The Planning Commission determined that the purpose of the exterior adornment was to provide
aesthetics on public ROW's. Since the property owner will be fencing the property with a screened fence,
the exterior will not be visible. Therefore relief was recommended. The action of the Planning i
Commission also included a contingency that if the fence is removed permanently, the exterior adorrnhent
must be added at that time. I
Curbing Requirement i
I
i
The Planning Commission spent considerable time discussing this item. First, Tracy and I were
informed by the Engineer's for Midnight Haulers that they were withdrawing their request for varianc~
for the curb. Therefore we did not review their new plans nor did we prepare anything for the Planning
Commission meeting. At the meeting we were informed that they did in fact want to proceed with the'
variance. lbis issue clearly comes down to Ordinance enforcement. The drainage can work regardless of
the curb or swayle. fu order to relieve this requirement a variance is required, and fmdings must be
determined. The Planning Commission could not identify any findings to support the variance as
financial is not a consideration.
At the Planning Commission a motion was made to deny the variance due to lack of findings.
The motion failed 3 to 3. The Ordinance requires that a variance requires a majority of those present.
Therefore by lack of majority, and lack of findings the variance is denied. If the Council over turns this
request, findings must be established. They are included in your packet for review. I
,
Since the meeting first happened last evening, the action documents are not prepared but will be
forwarded tomorrow.
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Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Midnight Haulers - Request for Relief from Curbing
DATE: September 12, 2005
AGENDA ITEM
Midnight Haulers - Request for Relief from Curbing
PREVIOUS ACTION
The Planning Commission in June considered the request of Midnight Haulers to construct an expansion
to their existing facility (the former Vic West Site). At that meeting they agreed to curb the perimetet of
the parking and driving areas. Please see attached minutes
RECOMMENDED PLANNING COMMISSION ACTION
COMMENTSIRECOMMENDATIONS
The property owner has requested relief from the Building Inspector and myself on that requirement.'
Once a plan is approved we do not have authority to change the site plan. Therefore, we have asked !hem
to come back to the Planning Commission and request relief. I
I
I
~
,
09/08/2005 15:41
3203538224
~lIDNIGHTHAULERS
PAGE 01
MIDNIGHT HAULERS,INC.
FACSIMILE TRANSMITTAL SHEET
TO,
Judy
COMPAl>'Y,
CityofSc Joseph
FAX NUMBER:
(320) 363-0342
FROM:
Jeo.nifet
DATE:
9/8/2005
TOThLNO. OF P.AGj!S JNa~tjDrNG COV'F.Rl
3
PHONl:t NUMBRR;
RE:
o URGENT 0 FOR REVIEW 0 PLEASE COMM!;NT 0 PLEASE REPLY
o PLEASE RF.CYCT.R
NOTES/COMMBN'I'S:
"lbe l\'().9 OA.\od'led \s -\-~ 011\\..\ \fOp 'I COU\c\
\\\\0. -l:bCl-\ WO'Q 5mo.\\ ~nou~V\ ~CO '(0 l-. \ '(Jli>Q~
\-et ~ Y-Y\WJ ~~ ~~ ~o.. o~if~fent CX\Q....
~28 unl1 AVKNUg NE. ~1:'. jOSPEH. MN 56~74
t'HONF.(3211) 36.:\.7852 FAX (320) 363-8224
,
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09/08/2005 15:41
3203538224
MIDNIGHTHALlLERS
i
PAGE 132
i
September 8, 2005
Midnight Haulers, Inc.
828l9lb AvenueNE
St. Joseph, MN 56374
City of St. Joseph
25 College Avenue N.
St. Joseph, MN 56374
To Whom It May Concern:
For the meeting scheduled on Monday, Septemb~ 12, I would like to ask for lenience on
the north side of my facility for curbing.
Sincerely,
David Potlc1'
Own~
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139/138/213135
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133
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Extract of Minutes - Planning Commission
Midnight Haulers
Page on
Midni~ht Haniers Develooment Plan Request: Jerry Hettwer ofHettwer Reality Services approached 1he
Connnission on behalf of Midnight Haniers. Hettwer stated that Midnight Haulers is proposing to construct a
21,000 sq. ft. warehouse addition to their existing warehouse building. Hettwer stated that 1he property owner Don
Harvey along with tenat Dave Potter are available the Connnission has any questions for 1hem. Hettwer clarified
that Midnight Haulers has occupied the former Vic West Steel site and is located on the corner of 19th Avenue NE
and CR 133. Currently, the warehouse is 43,064 sq. ft. with an additional 4,1045 square feet in office space. T"he
proposed addition will create a facility with 68,895 sq. ft. The warehouse sits on 6.39 acres ofland and sewer and
water have recently been installed.
Weyrens stated that the Development Plan has many outstanding issues and if the Planning Connnission desires they
can review each of the comments at tbis meeting or table action until a revised site plan can be submitted. T"he
Commission agreed to review 1he items at this meeting and started with 1he comments of 1he Building Official.
Building official comments: I
I. A six-foot high chain !ink fence is shown around the perimeter of the truck parking area and circulatiOI\
route along the east side of1he building. The fence appears to be placed on the right of way line along Co.
RD 133 . Verify County setback requirements for fence along right of way. !
Hettwer stated that fence has been placed according to City Ordinance. Weyrens responded that since ~he
abutting road is a County Road, the Council setbacks would apply.
2.
OffStteet Parking Requirements:
1 space! 500 sq. ft. floor area
8 spaces plus 1 space for each 2 employees on each shift - submit total planned employee count.
size of the building, they are required to have 27 parking spaces; however, they have proposed 36 spaces.
Due 'to the
I
,
3.
, ,
Loading bertha are required based upon the following tabular schedule of gross floor area of warehous~.
While there appears to be loading bertha provided, 1here are no specific details. The total number requiTed
has been estimated and is subject to change when more detail is provided. '
5,000-16,000 s.f - One berth; 16,000-40,000 s.f. - Two berths; 40,000-70,000 s.f. - Three berths
70,000-1,000,000 s.f - Four berths; Berths must be at least 50' x 10'; Three Compliant loading berths:must
be provided. Code requires that they have three docks, however with the two additional above ground docks that they
are building, they will have six total. i
Parking standards, SAC and WAC, etc are based upon gross S.F. of building. Please verifY and submit
accurate building dimensions. For Review. . I
Hettwer clarified the square footage as follows: !
Previous Office 4.045 sq ft New 4,045 sq ft '
Ware House 43,064 sqft 64,851 sqft
4.
5.
A lock box wiIl be required to be installed on the new building prior to issuance of the certificate of
occupancy. Hettwer stated that they are okay with installing a lock box. I
I
The side yard setback adjacent to roadway shaIl be landscaped in accordance wi1h protective covenants and
such reasonable requirements as established by the Planning Commission. 52.33 subd 6 (c). Provide I
landscaping details for setback along County Road 133. Hettwer and Potter stated that they intend toput 11 tree
every 35' along.lgth Avenue except where the sign will be placed. The same landscaping will be installed along qounty
Road 133. Utsch stated that they should consider placing shrubbery around the sign and along the parking lot rather
than trees. The Planning Commissioners suggested that they ask Scenic Specialties to help with the landscape deSign.
6.
7.
The parking lot in the SW corner encroaches into required front yard set back. Such encroachment is not
permitted. 52.33 subd. 6(b). Redesign parking to comply wi1h required 30' setback from property line;
Hettwer stated that they will work with the required 30' setback. He stated that it will be tight, but all 36 parking:
, spaces shouldflt. The area will be reconfigured with new illustrations. '
8.
The parking lot on the north end of the building encroaches into the required 25' side yard setback. M~dify
parking to comply wi1h setback requirements. Hettwer stated that the parking lot will be moved 15'.
Extract of Minutes - Planning Commission
Midnight Haulers
Page 2 of3
9. Dry wells are considered as Class V injection wells by MPCA. Class V injection wells are prohibited. The
dry well shown on the south side of the building must be eliminated. HettweT advised the Council that the dry
wells will be closed up and they will put dumpsters there instead.
10. Provide details of proposed sign for compIiance review. Potter stated that they don't have a drawing of the sign
. right now, but it will be compliant with the Ordinance for signs_ He plans to have a wolf and the letteringfor the sign
made out of aluminum. They will also have some landscaping arowul the sign.
11. Provide details of how lawn areas shown on east side of the building are sustainable. They will remove the
lawn areas.
12. Existing unpermitted above ground fuel storage tank must be brought into compliance with building and
fire codes for spill containment and setbacks from the building. Hettwer stated that the ftel storage tank will be
removed from the site_
13. All parking and circulation isles, including existing surfaces must be equipped with B6-12 cmb and gutter.
According to Hettwer, they will work with Engineering and comply.
Engineering comments:
1. Class 2 parking area (for semi truck/trailer) in NE corner of site may require a variance from bituminous
surface requirement and curb and gutter requirement of Ordinance 52.10 Off Street Parking, SuM 5
Parking Lot Standards (parking lot standards for industrial uses may be subject to variance or modification
by the conditional use permit for the specific industrial use). Hettwer stated u'uu they were thinking of purling in
class 2 because of the trucks. The Planning Commission requested that curb and gutter be placed along the edges by
the parldng area to control weeds.
2. Provide curb and gutter around proposed bituminous parking lot in SW corner of site. Provide cmb and
gutter at driveway entrances. Maximum eutrance width to be 36 feet per City Engineering standards.
According to Hettwer, they do no intend to use this entrance: however they do want to keep itfor future use. They will
change the entrance to be 36' wide rather than 50' as it is currently.
3. Provide site plan showing drainage patterns and elevations for parking lot, access road, etc. Show how
surface water will be collected and routed to ponding area or storm sewer system. Ordinance 52.18
indicates the drainage plan should include surface water runoff flow direction (arrows showing drainage
patterns and run-off rate) and show how water will be conveyed from the SID' and how surface water will be
conveyed to storm sewer or ponding areas. The proposed size, alignment and intended use of any structures
to be erected on the site shall be included in the site plan.
4. Runoff discharge may not exceed the capacity of the downstream storm sew,er system. Parking lots and
lawn areas may be used for temporary storage during the lOO-year storm ev,:nt There must be a 2-foot
elevation difference between the high water level and the lowest structure opening.
The site plan will need to show the drainage arrows.
5. Note number 8 on the site plan indicates the SWCD shall be contacted ouce facilities are installed and
before site grading. The SWCD does not have jurisdiction for this site.
6.
lflawn area indicated on the site plan is to be newly seeded lawn, the site fence shall also be installed
behind the curb along the newly seeded lawn area. They will extend the silt fence to the south.
7.
Correct existing drainage problems at the north entrance. (i.e. ponding is occurring at the existing north
entrance). This was already discussed.
8.
Descnbe/show how surface water runoff from north class 2 parking area will be managed to mi--nimi7e
erosion potential from the parking area into the ponding area to the west Collect nmofffrom parking lot
area in culvert or catch basin before routing to pond (i.e. do not sheet flow parking area into pond). Ekola
;. ..~,. -c.
,
Page? 00
advised Hettwer that they should construct a swayle down the east/west center of the parking lot with a catch basin
I
Extract of Minutes.- Planning Commission
Midnight Haulers
area.
,
9. Topsoil stockpile uoted on the site plan to be temporary (during construction) only? Hettwer stated that it
would only be temporary. I
10. The proposed bituminous parking area eucroaches into the drainage and utility easement. Parking lots fire
not a permitted use/structure in easement areas. i
I
Ekola stated that the City recently authorized the EastfW est Corridor. As a result, there may be a shift of CountY
Road 133. If the new road wonld encroach upon their property, they would be compensated. '
Graeve questioned the origination of the name of the company. Potter stated that they are available to serve their .
customers at all hours of the day. I
, ,
Lesnick made a motion to recommend the City Council authorize the Mayor aud Administrator to execute a
Development Agreement between the City of St. Joseph and Midnight Hanlers for the construction of a i
21,000 square foot building addition. Approval is contingent npon re-snbmittaI of a revised site plan. The
motion was,seconded by Deutz and passed unanimously.
Deutz stepped down.
5t. Joseoh Industrial Park East: W eyrenspresented the Planning Commission wilh a plat entitied 51. Joseph
Industrial Park Plat 3, which is located in 5t. Joseph Township. In 2004 lhe City and Township modified lhe
process for reviewing plats in the Orderly Annexation Area. It was agreed that the City and Township Engineer
would review plans jointly and the comments would be forwarded to the Planning Commission for consideratidn.
i
,
City Engineer Ekola stated that she has reviewed the plat and submitted her comments for review. The only i
outstanding issue is the location of easements. Concemhas been expressed regarding release of easementS when a
property owner purchases two tots. Townships do not have lhe aulhority that Municipalities do with regard to
releasing easements. If an easement is released in the Township it must be completed through district court and is
costly. The City is proposing that instead of recording individual sideyard easements, a provision be included in the
site permit that requires execution of the necessary sideyard easements. This would prevent un-necessary
easements.
Kalinowski made a motion to accept the comments of the City Engineer and recommend the Stearns codnty
Platting committee adopt the reeommendations and approve the ptat entitled St. Joseph Industrial Pak East
3. The motion was seconded by Rassier and passed nnanimonsIy. '
'~,~ '.: . :. r.
r
:-,.oi
Jnspectron., Inc.
Memo
To: JudyWeyrens City Administrator
From: Ron Wasmund, Building Official
cc:
Date: September 8, 2005
. Re: Midnight Haulers Curb Release Request.
Midnight Haulers is seeking release of the requirement of Ordinance Section 52.34 Subd. 9 (m) which
states Concrete curb to 8-612 specifications shall be used for all automobile stops and for all drive and
parking areas. I
I
In my initial review of the their site plan I commented that All parking and circuiation isies, inciuding
existing surfaces must be equipped with 86-12 curb and gutter.
At the time of this memo, I cannot find the specific ordinance section to support my comment.
There are two actions that may be requested by Midnight Haulers:
,
1. They may appeal my interpretation of the ordinance and request the Planning
Commission acting as the Board of Adjustments make a determination whether my
interpretation is correct. If they find I made an error in interpretation they may relieve the
specific requirement. This action requires administrative procedures outlined in Ordinance
Section 52.07 subd. 1
i
2. They may ask for a variance from the ordinance requirement and show findings consistef1t
with ordinance as to why the variance is warranted. This action requires administrative
procedures outlined in Ordinance Section 52.07 subd. 2 I
I
Both of these requests are formal actions. I would hope that the Planning Commission would follow
the prescribed procedures and not allow an informal presentation resulting in decision that is not clearly
documented or inconsistent with Ordinance procedures.
i
It is my observation and opinion that the curb is required to delineate the circuiation isles for protection
of adjacent properties and to correct drainage pattems to ensure that surface water is directed to
storm water system rather than ponding in required setback areas.
. Page 1
"I.
I Attachment: Y or No
REQUEST FOR PLANNING COMMISSION ACTION
Midnight Haulers - Variance Request
DATE: October17,2005
. AGENDA ITEM
Public Hearing - Variance request on the exterior requirement
PREVIOUS ACTION
The Planning Commission approved a site plan on June 6, 2005. The approval required compliance y;:ith
the Zoning regulations and all buildings facing the ROW must contain 25% exterior enhancement. The
property being discussed abuts both CR 133 and 19th Avenue. The property owner has complied with the
enhancement on 19th but is requesting relief from the side facing CR 133 as it will be fenced and the
I building will not be visible from the street.
c-'
I
RECOMMENDED PLANNlNG COMMISSION ACTION
COMMENTS/RECOMMENDATIONS
It is my understanding that Midnight Haulers is not requesting a variance on the curb requirement. I have
nothing in writing to confirm this and the deadline was so tight that I published both requests so the I
matter would not be delayed. The application I received on October II indicates that they are only !
seeking a variance on the exterior requirement. If that is the case, it is easier to withdraw a request, bitt
they should do that formally at the meeting. I
I have enclosed in the packet the requirements for granting a variance. As requested by the Planning I
Commission the form includes in BOLD lettering that MN Statute requires that all the findings must pe
present before a variance can be granted. This clarification was provided by Tom Jovanovich when he
discussed land use planning. I provided Midnight Haulers with both the application and the Planningl
Commission worksheet in preparation for the meeting.
Public Hearing
City of st. Joseph
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Monday, October 17, 2005 at 6:40 PM. The purpose of the hearing is to consider two
variances, one relieving the curbing requirements and one relieving the exterior
requirements abutting a street front. The variance is being requested to allow the expansion
of Midnight Haulers.
St. Joseph Code of Ordinances 52.33 Subd. 91a) requires that a minimum of twenty-five
(25%) of the exterior building finish directly facing streets shall consist of materiais
comparable to: face brick; natural stone or cultured rock; glass vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block.
st. Joseph Code of Ordinances 52.33 Subd. 91m) requires concnete curb to B612
specifications shall be used for all automobile stops and for all drive and parking areas.
The property is legally described as follows: Lot 1; Block 1 WhitnleyWing
Midnight Haulers, 828 _19th Avenue NE, St. Joseph MN 56374 has submitted the request
for Variance.
Judy Weyrens
Administrator
Note: State law requires mailed notice to all properly owners within 350 feet of a Variance,
Special Use, Interim Use and Rezoning requests.
<.----".L....J...
. ,
//
Project Site
c
10/11/2005 16:44
3203538224
MIDNIGHTHl\lJLERS
01
-M'\\'. ~~c\~
APPLICATION FOR. VARIANCE
CITY OF ST. JOSEPH
. 25 College Avenue NW
P. O. Box 668
Sl Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
a$
d
..a1p!#
STATE OF MINNESOTA)
)SS
COUNTY OF STEARNS)
IIW., tile undll18iSlned, as _ 0/1110 PfllIlllIlY de8Cl1bed beloW. hereby ~I to the City COlJIlcil end Planning ~ ofllle City of 5t Joseph.
Steams Cou~, M1_1O gmnte variallOe from 111. St Joseph City Codo;lapplleonls havatholl!SpOllSibllly 01 choeklng on applicll~. OIdinances
poo1alning 10 their eppilaollon and "'"'!lIY1"II with all cnllna"", lOqul,""","IS):
PROPERTY OWNER NAME(S): 'Dn\ I id 'PoTter
PROPERTY OWNER PHONE NUMBER/S): CPO-&o?r l~L
ADDRESS:?(;9-, ICftU 8~l1E"_ lVE. f m. _\c'f'f>ph , mtv r'ionlLl
ZONINGDISTRlCT: 11 (U3-bl.frdu3-lriaLD.J4rioJ-)
LEGAL DESCRIPTION:.LQL4..aJ , [.A)h1' +-nfl_,-! Wi T1J
PROPERTY OWNER(S)' SIGNATURE(S): ~ ~
The fll<!uas~.) which we desire fur Our plIlperly isllmlln connlct With the following sedion(s) of 1he St Joseph City Cede:
Seetion::O 3'; 5utrl. <1 (c) Seetion SectIon
Proposed non-oonfotmenee(.};
VIlla! special condnions and c1rcurnsteneeo exi$t which ""' pw1ioul...1o the land, stnictu", or bullding(s) involved which do not apply to the
land, s1nJclu!es or bulldlng(.) in the same """"Adassificatlon (attach adc!16onal P"9" as nlMded)?
Nt"":, t"ln". f' l~, 'rIcl'l"-> ('no -B'\ t~
h In:lm y!>ur"!"" aelion. (If the answer" yes, you may not qualify for a variance)?
What facti; and conslcleratlons demonstrate that 1he fil\!ral in1erprelallon of the zoning code would delllive you of right$ """,mcnly enjoyed by
other properties In the """'e distlict under the of !he zoninll code (attach addlUonlll pages e. needed)?
Slate your ",asons far believ..g !hat a variance wiU nol confer on you any special prlvlloge"lhat I, denied by the zoning code to other iends,
stNCtures or buildings In the same ~
\\:In ('Y\l' f' \"=>.0 A~ ClOnll ~\""
"
10/11/2005 15:44
3263538224
MIDNIGHTHAL.lLt:PS
PAlE 02
Sla1e yoor reasons for beUeving ~ the Bcllon(s))'llll prc~e to lako isI;ote in keeping wiltIlhe spirtl anlllnlentof the 2llnlng cede?
/Jo nnq @J~J hCi-. '\0 .>>1\~_
state )'OUr _lor benevlng tIlat. .ltict enforcement ollhe prll'li9lono of the..",ing code would cause undue _ilL Undue hardship
means tl1BIlhe pmparty In question cannot be put to a IB""""able use if used under the condlllons aI10wed hy the zoning C!dinanoe. EccnomIc
conoldar.ltlons aloneshall not ccnslllule "" ~ h.rds~underlhe ~c!1ll1s ced. as lolelel.ced In _ staluteo:
k)0 {)f\k'. ".j<P .", en 0 "'"
Allached tG this 8p!Ilication and made a part thereof are other material submission cIal:a mquirementS, as indioated.
AppUcant Signature:
owner S1gnoture: ~ '\>
Date:
Date:
16[, r/05
FOR OFFICE USE ONLY
PAIEAPP1.JCATlON SUllMITTEl:
CATE APP1.JCATlON COMPLETe:
anning Commission Adlon: _ Recommend Approval _ Recommend DIsa1lproval Date of AclIon:
Applicant/Prqleriy OMlor not.ad of Planning Com~sslon Aclion:
'tyCounciIAcII"": _ Approvod _ Disapp:ovod DateofAelJon:
_ ApplloantlProperty Owner notified of City Coundl AdJon:
.'" ._.,~ 0--
18/11/2005 16:44
3203638224
MIDNIGHTHIIULERS
,PAGE 63
I
,
P1aDDillg Commissioner Variance Worksbeet
Please remember that MN Statute requires that the ilJldings must illustrate that an of the items
listed below are satisfied.
1.
That there arc exceptional or extraordinary circumstances or conditions applying to i:he
property in question as to the intended use of the property that do not apply generally to
other properties in the same zoning district. The exceptional or extraordinary ,
ciroumstanccs must not be the result of actions taken by the petitioneT.
Applicable: _ Yes ,/ No
If yes, please indicate linding:
2.
i
That the literal interpretation of the provisions of this Ordinance would deprivc the i
petitioner of rights commonly enjoyed by othe:r properties in the same district under the
terms of this Ordinance.
Applicable: Yes V No
, If yes, please indicate finding:-
3. That granting the variance requested witl not confer on the applicant any special
privilege that is clenied by this Ordinance to other lands m the same district.
Applil:llble: ,/" Yes _No
If yes, please indicate finding:
4. That the proposed variance will not impair on adequate supply of light and air to
adjacent property, or diminish or impair established property values within the
surrounding area, or m any other respect impair the public health, safety or wclfare of
the residents of the City.
Applicable: _ Yes ../"" No
If yE!$, please indicate finding:
5. Tha.t the condition or situation of a specific piece of property, or the intended use of
said property, for which the varian,ce was sought, is not of so general or recurrent a
nature as to make reasonably practicable the formulation of a general regulation for
such oonditions or a situation.
Applieable: _Yes ""No
If yes, please indicate finding:
6. that the variance requested i. the minimum variance which would atleviate the
hardship on the particular property.
AppDcable: ,/' Yes _No
If "es, please indicate finding:
Ml nno PJ~e m'."""l r1rVlO mi:":;l
~.
10/11/2005 15:44
3203538224
MIDNIGHTHAUl ~..s
PAGE 04
~umgCommm9~V~M~Wor~bM
7. That the Vllliance ...-ouId not be materially detrimental to ~Oe purposes of the zoning
ordinan= ",. property within the same mning classificati,on.
Applicable: _Yes V No
If yes, please indicate flt1diDg:
- ,.-
" ....,..""" . ',c-' - ~ -.
CITY Of ST. JOSEPH
ww'w. cityofstjoseph .com
. October 5, 2005
Administrator
Judy Weyrens
Midnight Haulers
Attn: Dave Potter
828 _19'" Avenue NE
St.JosephMN 56374
VIA HAND DELIVERY
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Dole Wick
Dear Dave: I
I
As you are aware the Planning Commission considered your request to relieve certain zonmg
requirements at the October 3 Planning Commission meeting. At that meeting the :
Commission instructed you to contact me to schedule a variance hearing for your expansion
project.
M<l)for
Richord C,r1bom
Since I did not hear from you I contacted your office for a status update Tuesday afternoon,i as
the publication deadline was Tuesday. I was informed by Jennifer that you were moving
forward with the exterior variance but were uncertain if you would move forward with the
curbing variance. I had no choice but to publish both variance requests. If you decided you
needed the second variance later in the week, the public hearing would have to be delayed. i
i
The variance process includes pa.yment ofa $ 200.00 fee and the special meeting fee is $ i
100.00. The City will be considering two separate requests on October 17 and the special
meeting fee will be divided equally between the two parties. Therefore the City Office must
receive payment ($ 250.00) no later than Noon, October 7, 2005. .
I
I
Enclosed please find the variance packet information. In addition to submitting the fee, the
City must receive a completed variance application form no later than Tuesday, October II,
2005. For your convenience I have also attached the Planning Commission worksheet
regarding variances. Minnesota Statutes require that findings are established for ALL seven
requirements. i
,
Please review the enclosed infonnation and if you have any questions please contact me at
320-363-7201.
Sincerely,
CITY OF ST. J~9-~I
~~. cty~~
Ju Weyrem
aministrator
cc: St. Joseph Planning Commission
Tracy Ekola, City Engineer
Ron Wasmond, Building Official
L, College Avenue North' PO Box 668 . Sdint.
Phone j2o.7,6~ 72,01 Fdx 120
Joseph, Minnesotd
ljb)7
,
"':)D 1" . 01-'11-
."".-.
~
SEH
MEMORANDUM
TO:
Judy Weyrens, City Administrator
FROM:
Tracy L. Ekola, PE
City Engineer
DATE:
October 13, 2005
RE:
St. Joseph, Mll1nesota
Midnight Haulers Site Plan
Revised Site Plan with Curb & Gutter
SEH No. A-STJOE 0501 D62
I have reviewed the revised site plan for the Midnight Haulers site. Curb and gutter is proposed along the
access road areas along with catch basins and storm sewer. TIris site plan addresses the drainage issues
and also meets the curb & gutter ordinance requirements. i
c: Judy Weyrens, City ofSt. Joseph
Joe Bettendorf, SEH
Dick Taufen, City of St. Joseph
Ron Wasmund, Inspectron
T. Vander Eyk, Bogart Pederson
x:\s\stjoe\common\d62 midnight haulers\corr\m-jweyrens I01305.doc
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax
MIDNIGHT HAULERS
SITE PLAN
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anrf withirl'24 noun; ofany~~ roinst=. Car..a~
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repoired immedio/<#y Inspectior. and moinr""'OtY-e al ~..c~s
sholl c....tinlJle '.mti the site f>o!;<mderaone hnof Slt;rbi/;:taf"",
and 0 Notia.' 01 Tennin~l..., is submitted 10 the IofFCA
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7. All soils /rgci(ee on", PO~=f or any other off-si'e areas
m"'lberem.'~<Xdy-
B. rhe site sediment cantra! focilities for tne pro,ect "'asl be
inslalied prior /0 any site groa;ng operetion.
9. Th~ CorItracior sholl be n!Sp0<lS.,.,., for the retTlclld a' oil
erosion conlrol measures, ;nci",hn'l ~t I"",=e am! ba<>S'. """'"
establisitmenl a, permGIJer;r ~'atCn ., soirf a-~_
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Midnight Hauiers
City of St. Joseph
Stearns Co.,
Minnesota.
2
=
~
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~
I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
DATE:
10/13/2005
Enl!ineerinl!
ORIGINATING DEPARTMENT
Tracv L. Ekola. P.E.
DEPARTMENT APPROVAL
AGENDA ITEM
Proposed 2006 Street Improvement Project
1 st A venue East
2nd Avenue E
3rd Avenue E
Able Street E
Alle north of Able S1. E
Alley north of E. MN Street
Alley east of 1 st Avenue E
Alle east of 2nd Avenue SE
Alley west of 1" Ave E
Able Street E
5 Avenue SE
Forcemain on Able Street E.
Baker Street East to Coun Road 75
Baker Street E to Ash Street E
Baker Street E to Ash Street E
1 st Avenue SE to 3rd Avenue SE
Colle e Avenue S to 3rd Avenue SE
Colle e Avenue N to 3rd Ave NE
Baker Street E to Ash Street East
Baker Street E to Able Street East
Alle north of Able S1. to Ash St E
5 Avenue SE to 6 Avenue SE
E Minnesota Street to Able Street E
6 Ave SE to 5 Avenue S.E.
PREVIOUS ACTION
Ordered Feasibility Report and held Public Improvement Hearing on Sept 21,2005.
RECOMMENDED COUNCIL ACTION
Order Improvments and preparation of plans and specification
FISCAL IMPACT
Cost is outlined in Feasibility Report.
. COMMENTSIRECOMMENDATIONS
I Information has been provided and discussed regarding 2 options for sanitary sewer improvements. .
r .' I
Council decision is needed on whether or not the alley improvements will be included and which sanitary
sewer alternative should be selected based on feasibility study and public comments received.
X:\S\stioe\common\D39 Req Council Action\0411 Feas Rpt 040804.doc
"...
CITY OF ST. JOSEPH
CC RESOLUTION 2005-26a
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
2006 Street Improvement Project to include both alleys and sanitary sewer
WHEREAS, a resolution of the city council adopted the 1 st day of September 2005, fIXed a date
for a council hearing on the proposed 2006 Street Improvement Project to include
improvements to the street, curb, gutter, and sewer/water for 1st Avenue E from Baker Street E
. to County Road 75; 2nd Avenue E from Baker Street E to Ash Street E; 3m Avenue E from Baker
Street E to Ash Street E; Able Street E from 1st Avenue SE to 3m Avenue SE; Alley north of Able
Street E from College Avenue S to 3m Avenue SE; Alley north of E Minnesota Street from
College Avenue N to 3rd Avenue NE; Alley east of 1st Avenue E from Baker Street E to Ash
Street E; Alley east of 2nd Avenue SE from Baker Street E to Able Street E; Alley west of 1st
Avenue E from the Alley north of Able Street to Ash Street E; Able Street E from 5th Avenue SE
to 6th Avenue SE; 5th Avenue SE from E Minnesota Street to Able Street E; and the Forcemain
on Able Street E from 6th Avenue SE to 5th Avenue SE.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was
given, and the hearing was held thereon on the 21st day of September 2005, at which all
persons desiring to be heard were given an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such improvement is necessa~, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
20th day of October 2005.
3. SEH is hereby designated as the engineer for this improvement. The engineer 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.
Adopted by the council on this 20th day of October, 2005.
Richard Carlbom
Mayor
Judy Weyrens
City Administrator
~.c.,
':'-. --,. ~"~ ,
-...._-.'!'- -" ~',
CITY OF ST. JOSEPH
CC RESOLUTION 2005-26b
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
2006 Street Improvement Project to include sanitary sewer without alleys
WHEREAS, a resolution of the city council adopted the 1st day of September 2005, fixed a date
for a council hearing on the proposed 2006 Street Improvement Project to include
improvements to the street, curb, gutter, and sewer/water repairs for 1 st Avenue E from Baker
Street E to County Road 75; 2nd Avenue E from Baker Street E to Ash Street E; 3rd Avenue E
from Baker Street E to Ash Street E; Able Street E from 1st Avenue SE to 3rd Avenue SE; Alley
north of Able Street E from College Avenue S to 3rd Avenue SE; Able Street E from 5th Avehue
SE to 6th Avenue SE; 5th Avenue SE from E Minnesota Street to Able Street E; and I the
Forcemain on Able Street E from 6th Avenue SE to 5th Avenue SE. I
,
i
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was
given, and the hearing was held thereon on the 21st day of September 2005, at which all
persons desiring to be heard were given an opportunity to be heard thereon, '
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA: . I
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
re~~ .,
2, Such improvement is hereby ordered as proposed in the council resoiution adopted the
20th day of October 2005. I
I
3. SEH is hereby designated as the engineer for this improvement. The engineer ~hall
prepare plans and specifications for the making of such improvement. I
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.
Adopted by the council on this 20th day of October, 2005.
Richard Carlbom
Mayor
Judy Weyrens
i City Administrator
CITY OF ST. JOSEPH
CC RESOLUTION 2005-26c
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
2006 Street Improvement Project to exclude alleys and sanitary sewer
WHEREAS, a resolution of the city council adopted the 1st day of September 2005, fIXed a date
for a council hearing on the proposed 2006 Street Improvement Project to include
improvements to the street, curb, gutter, and sewerfwater repairs for 1st Avenue E from Baker
Street E to County Road 75; 2nd Avenue E from Baker Street E to Ash Street E; 3'" Avenue E
from Baker Street E to Ash Street E; Able Street E from 1st Avenue SE to 3'" Avenue SE; Alley
north of Able Street E from College Avenue S to 3'" Avenue SE; Able Street E from 5th Avenue
SE to 6th Avenue SE; 5th Avenue SE from E Minnesota Street to Able Street E; and the
Forcemain on Able Street E from 6th Avenue SE to 5th Avenue SE.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was
given, and the hearing was held thereon on the 21st day of September 2005, at which all
persons desiring to be heard were given an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
20th day of October 2005.
3. SEH is hereby designated as the engineer for this improvement. The engineer 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.
Adopted by the council on this 20th day of October, 2005.
Richard Carlbom
Mayor
Judy Weyrens
City Administrator
~....
-- ~--.
CITY Of ST. JOSEPH
www.cityofstjoseph.com
Administrator
Judy Weyrens
Memo
Councilors
AI Rassier
Ross Rieke
Renee Symdnietz
Ddle Wick
From: JudyWeyrens. !r A/
Date: 10/1~{Cl-V6
Re: 2006 propt:'reet Improvement
Mayor
Richdrd C,r1bom
Please find to follow a Memo from the City Engineer regarding the .2006 proposed
Street Improvement. The Memo responds to the questions asked at the public hearing
on September 21, 2005. The City Council will be making a decision on I the
improvement on October 20, 2005 at their regular Council meeting. The public input
portion of the hearing has been closed and discussion will be limited to the City Council
and Engineer. . I
,
If you have any questions after reviewing the enclosed please feel free to contact me at
320-363-7201.
1
L, College Avenue North' PO Box 66s . Saint. Joseph. Minnesotd ,6, 4
Phone Fo.,6,.jLol fdx 120.,6,.014L
SEH MEMORANDUM
TO: Judy Weyrens, St. Joseph City Administrator
FROM: Tracy L. Ekola, P .E., City Engineer
DATE: October 11, 2005
RE: 2006 Street hnprovements
SEH No. STJOE0603.00 14
The purpose of this memorandum is to provide response to questions regarding the proposed 2006 Street
Improvement project. Many of the questions raised at the public hearing held on September 21,2005,
were answered during the hearing (and recorded per the meeting minutes). This memorandum addresses
questions or issues that needed further clarification or were raised by Council members after reviewing
the meeting minutes. Please let me know if you or the council has additional questions.
The City is sending out revised proposed assessment worksheets to the residents listed below:
Leo & Dorothy SadIo the correct abutting footage (short side) should be 112.9 instead ofl19.7
Robert Gamadas should be 3 sanitary sewer units instead of 1.8
What is the existing and proposed width for ISf Avenue SE?
The existing width of 1 " Avenue SE varies from Baker Street E. to Minnesota Street E. The width of 1"
Avenue is 36' near Kennedy School and then narrows to 34' at mid-block (between Baker and Able
Street). The width varies between 34' to 35' from Able to the alley (i.e. the east-west alley located north
of Able). The width is approximately 36' from the alley to Minnesota Street. The \vidth of I" Avenue
NE (north ofE. Minnesota Street) is 35' to 36'.
The proposed width for I" Avenue SE and 1" Avenue NE is 36' for the 2006 Street Improvement project
area. We do not expect potential problems related to these minor width adjustments. A consistent width
is preferred for both construction and maintenance purposes.
Do the alleys need to be improved? Should dead end alleys be improved?
Whenever the City plans a street improvement project, abutting alleys are also considered. Based on the
feasibility study and public comments, the Council either orders the improvements or decides not to
include the alley( s) with the proposed improvement project. This same process was used for the 2002
Street hnprovements and the residents did not want the alleys improved so the Council did not order the
alley improvements.
In general, dead end alleys that do not provide front access are not improved. However, this is not always
the case if the alley is used for garbage collection. It is up to the Council's discretion to include alley
improvements with the proposed project.
If the Council decides not to improve the alleys, property owners can still petil~on to have their alley
improved if they can get 100% participation from properties abutting the proposed alley improvement.
Short Elliott Hendrickson Inc.. 1200 25th Avenue South. P.O. Box 1717, 51. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800-572.013i7 I 320.229-4301 fax
. -. ."
2006 Street Improvements
October 3, 2005
Page 3
Consider the Sanitary Sewer Alternate instead of replacing all sanitary sewer in the project area.
The Sanitary Sewer Alternate provided in the feasibility report is a viable option and is what was ,
proposed as part of the 2.002 Street Impro~ement Proje~t. Two alternatives (1.full replacement and I.
2.repair only) were proVIded to the Councd smce there IS more nsk with the Sanitary Sewer Alternate (I.e.
potential for increased future maintenance and ~epairs). I
I
Consider providing relief to the residents on ]" Avenue SE since buses use this route daily. I
A previous reconstruction project (2nd Avenue NW) was assessed at 50% (instead of 60%) to allow for
relief to abutting properties since the street was an established and well-used trunk route. The amount of
, , d '
traffic and wear expected from the increased school bus traffi,c may not be comparable to the 2n Avenue
NW project. Also, with the potential relocation of Kennedy School, this issue could become obsolete!
Further consideration of this could be discussed at the Council meeting. Please let me know if you w6uld
like additional information regading this issue.
Is it necessary to do this project in 2006? Could it be delayed afew years?
Since this is the last area of St. Joseph with significant lengths of cast iron watennain, we strongly
recommended completing this improvement in 2006 to coincide with the start of the water system
-chlorination. Chlorination of the water system is scheduled to begin in Spring 2006. As noted at the
public hearing, this project has already been delayed/pushed back. We believe construction costs will
continue to rise and delaying the project will likely result in increased costs. . I
Current Driveway,Reimbursement Policy I
It is the City's policy to reimburse property owners who complete their driveway restoration privately
rather than as part of the public improvement project. This policy applies if the resident is replacing their
entire driveway and wants to complete it as one project rather than doing a portion of the work privately
and having the City restore the portion disturbed by the public improvements. The reimbursement policy
is as follows: :
. Property owner notifies City that he/she wants to do the entire driveway privately. The property owner mw<t
notify the City prior to contractor replacement work on the driveway.
. Property owner reconstructs driveway.
. City pays property owner the amount that City would have paid the contractor for replacing the structural
portion of the driveway, to lbe extent this work was included in the plans. For example, if we show that a I
,
bituminous driveway will be removed and replace to the property line, we would reimburse the property owner
for the cost of the gravel base and bituminous surfacing that would have been constructed to restore lbe
driveway to the property line.
. The reimbursement is based on the cost the City would have paid, not the actual cost negotiated between the
property owner and the contractor. It is the property owner's responsibility to negotiate the proposed cost for
their driveway replacement if they intend to have the work done privately. Property owners can request a icopy
of the bid tabulation showing the unit prices for the City Improvement Project contract. Property owners ~an
also request an estimate of the reimbursement allowance after the bids are received and tabulated. .. i
,
. Pavrnent bv the City would onlv be made if the properlv owner can present a receipt showing that the work has
been comoleted and paid for. ,
Note: The City only reimburses the property owner for the structural materials placed to return the driveway to'its
original condition. For a gravel driveway, the city installs only gravel. For a bituminous driveway, the City installs
the gravel base and pays for bituminous surfacing. For a concrete driveway, the City pays for concrete. Payment is
for these items ouly. The City does not pay for subgrade work, topsoil, sodding, or other related items ofworkias
this work will be done by the contractor. The City does not pay for the cost for the driveway to be upgraded t6 a
different surface type (i.e. concrete when the existing driveway was bituminous.) Also, the City does not pay for
any costs incurred by the property owner because of timing issues. For example, if the contractor1s operations dause
delays which affect the property owner's price, there is no reimbursement for this.
"6
10/04/2005 TUE 10:06 FAX
14l001/001
Ryan Howe
119 SE 2nd Ave.
St. Joseph, MN 56374
To whom it may concern,
I am writing in regard to therecem improvement project proposal by the city. I was
wondering if you plan on only fixing things that need to be fixed. Mlr home is a little
unusual for the area. My home is only sixteen years old, and I feel thai the water hook up
as well as the drain hook up can't be bad. I have never bad any problems.. I have grea1
water pressure and have never had a sewer back-up. Also the cum in front of my house
appears to be serviceable, as well as the road, but I do understand thal: if yo II do have to
replace the main water and sewer that you have replace the road. However, maybe you
could salvage the curb. The other thing that is unnsuaI about my hOIILe is that there isn't
any alley, and there would be 110 purpose for having one. I havc my garage in front of tile
hOllse and my neighbor is the school, so there would be no outlet for libe alley to go to. It
would be a dead end. Please consider these items., and thank you for taking the time to
read this.
'.
Th~
/;J; lJ--
f Ryan Howe
......,...,
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Attachment: Yes or No
,
REQUEST FOR COUNCIL ACTION
Engineer Reports - Field Street Contract
DATE: October 20, 2005
Administration
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Field Street Contract
PREVIOUS ACTION
The Council on October 20, 2004 executed a contract between the City of St. Joseph and WSB for the
Field Street Corridor Study. It was anticipated that the project would be complete in 2005. Based on !:he
considerable amount of public inpnt and research of alternatives, the project will not be completed until
2006.
RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute an amendment to the Field Street Corridor Study,
Professional and Technical Services contract. The amendment extends the contract to 2006.
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
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CITY OF ST. JOSEPH
FIELD STREET CORRIDOR STUDY
PROFESSIONAL AND TECHNICAL SERVICES CONTRAcr
Project Identification: A-STJOE 0208.01
State Project Number (SP): 233--108-01
Federal Project N~mber: STPX7306-037
D.te:~
This Contract is between the City ofSt Joseph (City) and WSB & Associates, Inc. Address: 4150 Olson Memorial Highway, Suite
300, Golden Valley, MN 55422. Corporation (Contr1lctor).
Rec1tals
L Under Minnesota Statutes ~ 412.221. the City ofSt Joseph is empowered to make suc;h contracts as may be deemed necessary or
, desirable to make effective any power possessed by the council.
2. 'the City is in .need of proposals to complete an alternate scoping process, statelfederaJl environmental review, and official
mapping for the proposed Field Street new alignment roadway.
3. The Contractor represents that it is duly qualified and agrees to perfonn all services described in this contract to the satisfaction
of the City.
Contract Special Tel"lll5
1.
Term of Contract:
1.1 Effective date:
1.2 Work Completion date:
1.3 Expiration date:
1.4 Survival terms:
I.S Exhibits:
The date that all reqnlred sigwltmes ." obtained by the CiIy.
October, 2005
The date when all obligations have been approved.
The following clauses survive the expiration or termination of this contract: 1 L
Governing Law, Jurisdiction, and Vetlrue; 22. Audits and Inspections; 23.
Government IJam Practices and Intelll:ctual Propet1y; 24. LiabiIily; 29. Publicily
and Endorsement; and 36. Data Disclosure..
Eoiliibits A through D are attached andIlnoorpornted Into this Contract.
2. Scope or Work and DeliverabIes:
2.1 In order to achieve the project goals. the WSB Team proposes the following workJlIan. The associated time and cost
associated with each of the tasks as listed below are included in c:ost submittal, whi,ch is submitted sepanm::ly. The
deliverable due date rcreach task is illustrated on the Schedule at the end of this ~::tion.
I. Data ColIeetioD
Available data will be collected from Stearns County, City ofSt Joseph, St.. Cloud APO, MnlDNR, MPCA. Sank River
Watershed Districts, and MnlDOT, as necessary, 10 complete the Concept Layouts and Environmental Assessment
(EA). Data collected would include, but would not be limited to:
. Current Aerial Photos for Area
. A vailabJe Contour Mapping from the City ofSt Joseph
. Steams County Parcel Maps
. As-Builts for existing Roadways
. Steams County Soils Survey
. DNRProtected Waters and Wetlands Maps
. National Wetland Inventory
. Sauk Watershed District Data
. City Land Use and Transportation Comprehensive Plans
. Field Street Corridor Study
. SL Cloud APO Plans
. Existing Transit Service Maps
. MPCA Contaminated Properties Database
WSB proposes to use existing aerial mapping for the development of the concept layouts. The City has indicated that
they have current Aerial Photography with two foot contours that can be used Ita identifY physical features and the
... ~::. ~ <~;
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I Attachment: YesorNo
REQUEST FOR COUNCIL ACTION
Engineer Reports - 304th Street Vacation
DATE: October 20, 2005
Engineering
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Street Vacation - 304th Street
PREVIOUS ACTION
See attached memo
RECOMMENDED COUNCIL ACTION
Table action until further research can be completed
FISCAL IMPACT
COMMENTS/RECOMMENDATIONS
-,' ~..."
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SEH
October 17, 2005
RE: St. Joseph, Minnesota
304th Street Vacation
SEH No. A-STJOE 0601.00 D7
Mrs. Judy Weyrens
Clerk! Administrator
City of Saint Joseph
25 College Ave N
PO Box 668
Saint Joseph, MN 56374-0668
Dear Judy:
I have reviewed the proposed vacation of 304th Street south of Lot I, Block 1, Bauerly Addition and have
some concerns regarding access to the area served by this street. Bremix Concrete, Astech, and St. Joseph
Industrial Park East, all of which lie north of the railroad tracks and Ridgewood Road, currently have only
one point of access. This access is a private railroad crossing on right-of-way owned by the Burlington
Northern Santa Fe Railroad. BNSF has leased the tracks in this area to Northern Lines Railway, who in
turn has leased that portion of the tracks, along Bauerly Addition, to Bremix. Eventually, these industries
will have access from the north when the North Corridor is constructed, but for now their only access is
the crossing.
As I recall, the portion of 304th street in question was originally platted to ensure access from the west,
presumably from the other private crossing that serves Borgert Products and Arncon Block. This is the
crossing we are proposing to make public as part of the extension of 20th Avenue SE I Ridgewood Road
north through the Borgert and Arncon properties.
I discussed these issues with Dan Rickel, president of Northern Lines Railway. Mr. Rickel stated that
Northern Lines Railway has an agreement with the partnership that platted St. Joseph Industrial ParkEast
for use of the crossing as a private crossing. I do not have a copy of the agreement. Mr. Rickel stated he is
concerned about the volume of traffic using the crossing, that it in effect is being used for public
purposes, and that there are no signs or crossbucks marking the crossing. He said that even though the
train speed along this segment of tracks is 10 mph, an accident would be a liability issue for the Railroad,
the Partnership, and possibly the Township.
With Northern Lines Railway aggressively promoting use of the tracks in this area, it is unlikely that they I
will be abandoned for continuation of the W obegon Trail any time soon. Chuck W ocken, Stearns County
Parks Director, told me he would like to see the trail extend east paralleling the tracks, as a part of the I
rails and trails program. Whether the tracks remain, or a trail is constructed, or both, we usually want to 'I'
minimize the number or crossings.
Though ii is desirable to minimize crossings, it appears we are already locked into developing both I
crossings as public crossings. Bremix Concrete is using the 304th Street right-of way as a staging area for'
Short Elliott I-Iendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud. MN 56302~1717
SEH is an equal opporwnity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax
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Judy Weyreus
October 17, 2005
Page 2
loading (or unloading) rail cars, in effect nsing the tracks as an indnstrial spur. Maintaining 304th Street in
this area would effectively cut off Brennx from the tracks. At best, they would have to continually cross
the street to use the tracks. If only one crossing is allowed, Northern Lines Railway appears to favor
making the industrial park crossing the one pnblic access. The City, on the other hand is planning to make
the Borgert crossing the one public access.
In view of the above, I recommend that the vacation of 304 th Street be postponed until these crossing
issues can be sorted out:
. We need to have the railroad clarify the nature of any existing agreements for use of the
crossings.
. The City should review the proposed northerly extension of 20th Avenue SE / Ridgewood Road.
If we still want to develop this route, we should approach Northern Lines Railway and BNSF
with a request to make this crossing public. The Planning Commission, EDA, and City Council
should all weigh in on this issue.
. At the same time, we should ask that the crossing serving theindustria1 area also be made public.
Extending 304th Street west will negatively affect the industries west of the industrial crossing
and create a poor intersection with a future extension of 20thlRidgewood. The future connection
to the North Corridor will serve as a second access to the industrial area.
. We should determine how the Wobegon Trail will be extended east along the tracks. This will
require the participation of the Railroad and the County.
When we have resolved these issues, the City can act on the proposed street vacation. If the City decides
to approve the annexation, a cul-de-sac should be considered for the remaining stub of 304th Street.
Please let me know how you would like to proceed. We should also discuss what role, if any, the
Township should play in the process. At the very least, the Township should take the lead role in getting
the proper signage in place for the industrial park crossing, since it is in effect being used as public
crossing.
Sincerely,
SHORT ELLIOTT HENDRICKSON INe.
C::tf.~
City Engineer
jmw
c: Tracy Ekola, SEH
x:\s\stjoe\common\d07street&trafficlJ..city304lhsuCClvacatiollI01705.doc .
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CITY OF ST. JOSEPH
CC RESOLUTION 2005-28
RESOLUTION ORDERING PREPARATION OF REPORT
FOR ISD742 IMPROVEMENTS
WHEREAS, it is proposed to improve the proposed school site, the future 12\h
Avenue SE corridor from CR121 to the North property line of the proposed school
site, and future 20th Avenue SE corridor from the proposed site to the existing 20th
Avenue SE (located south of CR75, and to assess the benefited property for ~
portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter
I
429, I
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST.
JOSEPH, MINNESOTA:
That the proposed improvement be referred to Tracy Ekola, SEH, for study and
that she is instructed to report to the council with all convenient speed advising the
council in a preliminary way as to whether the proposed improvement is
necessary, cost.effective, and feasible and as to whether it should best be made
as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
Adopted by the council the 20th day of October, 2005.
Mayor
City Administrator
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Attachment: ~ or No
REQUEST FOR COUNCIL ACTION
DATE: October 20, 2005
Administration
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Approval of an On-Sale Intoxicating Liquor License for Trobec's Event Center, located at 213 - 20th Ave
SE in St. Joseph. The license period will be frorn 10-27-05 to 06-30-06. !
!
PREVIOUS ACTION
N/A
RECOMMENDED BOARD ACTION
Approval of the license, provided applicant has rnet all of the requirements: payment of applicable fees,
successful completion of a background investigation, and submission of the required Certificates of
Insurance.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division (AGED)
444 Cedar Street, Suite 133, St. Paul, MN 55101-5133
Telephone 651-296-6979 Fax 651-297-5259 TTY 651-282-6555
Certification of an On Sale Liquor License, 3.2% Liquor license. or Sundav LiQuo~ License
Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor
lIcense types: I) City issued on sale intoxicating and Sunday liquor licenses '
2) City and County issued 3.2% on and off sale malt liquor licenses
Name of City or County Issuing Liquor License S\o- .<:'\c{)~h. License Period From: Ie> -';;/7 -oS To: &136-00
~-_.,---"-''''-', .......
Circle On~nse Transfer
Suspension Revocation Cancel
(former licensee name)
(Giv~ dates)
License type: (circle all that apply) ~~le Intoxicati;;~undaJ: Lig!l;--=::>3.2% On sale 3.2% Off Sale
FeeCs): On Sale License fee:$hl, ~ Sunday License fee: $dOCJ' 3.2% On Sale fee: $ 3.2% Off Sale fee: $
Licensee Name:lll2oBfL ~V\I.\e,Qj'\d> ,,,...e \ hv<. DOB Social Security # ''/7 i -ffl ,~...,t.
(corporation, partnership, LLC, or Individual) L/7/ - "'Iii - ,:;!;S</
Business Trade Name T.eoB€C) vfveJ+ <: ...wW'~usiness Address;;t/3 c2O-I/hffv (.S(. City 51- .CSd.sep "'-
Zip Code:$Zo3 7'-{ County ~M Business Ph(~ q<(f) -{;fIi1'~ Home ptb~i) J9-1 /&'1
HomeAddress / C-€<Nt-a"" I<V<So City S'-I--!3J.t-iJht:"'" Licensee's MN Tax ID # iV</10/7
Ljj -0' Q'79? "G ' (To Apply catl 65'-296-6'81')
Licensee's Federal Tax ID # I I' ,:>u <>
(To apply call 651-290-3905) I
If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: I
R..tA-'('l'I'IOAvJJ. TeoB/';;L' 1-7(.,-'1:;; <-/7/-1'1'(-0":;5<( IC~INl-€itJ rfu< So 5,,-Sleph<
0<' _, mw&o3'7
DOB Social Security # Horne Addre'ss
1-;)2. <,0 Lf7<;; -ft;u-J}I9(P S~.. PO l::-"!;?Ov-<"
Partner/Officer Name (First Middle Last)
k..v"rI2tiW tRtJ8litl
(FartnerfOfficer Name (First Middle Last)
VAus:'l) TI?Oe&:C
DOB
I - 9- 71
.
Social Security #
'-((,p'i:;' 9;2-7115
<(
Home Address
t'l., 5'+-- S'W-
Home Addrbss
S, :3kP'^'~
",yv S/p~75
Partner/Officer Name (First Middle Last)
DOB
Social Security #
i
Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certifitate
must contain all of the following: I
I) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. I
2) Cover completely the license period set by the local city or county licensing authority as shown on the license.
Circle One: CY e~During the past year has a sununons been issued to the licensee under the Civil Liquor Liability Law?
Workers Compensation Insurance is also required by all licensees: Please complete the following:
Workers Compensation Insurance Company Name: ,",,,,,J\..., (':)v-'vve(l,) -:t..-v'> Policy # dbo "t:;'dJ,1
I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county.
City Clerk or County Auditor Signature Date
(title)
On Sale Intoxicating liqnor licensees must also purchase a $20 Retailer Buyers Card. To obtain the i
application for the Buyers Card, please call 651-215-6209, or visit our website at www.dos.state.rnn.us.
(Form 9011-2004)
MEMO
TO:
Tom Jovanovich
FROM:
Matt Moehrle
DATE:
October 17, 2005
RE:
Trobec's Background Investigation (DWI)
FILE:
City of St. Joseph - 24252
I
i
I
David Trobec has expressed interest in buying or renting the Light House in the City of
St. Joseph and would like to sell liquor on Thursday, Friday and Saturday evenings. As a :
required procedure along with his application for a liquor license from the City, the St. Joseph
Police Department conducted a background investigation on Mr. Trobec. He has multiple
alcohol-related driving offenses on his record, with the most recent occurring in 2000.
ISSUE AND BACKGROUND
The City has raised a couple of issues regarding this matter. First, is a five-year-old
offense such as this relevant to the council's decision to grant a liquor license to Mr. Trobec?
Second, if it is relevant, what information should be passed on to the city council for review?,
SHORT ANSWER . I
I
I
Trobec's driving record does not automatically disqualify him from receiving a liquor
license in St. Joseph. His driving record can probably be used as a factor in the council's I
decision of whether to grant such a license to Trobec. So long as the council does not act I
capriciously or arbitrarily, a decision to deny his application for a liquor license would be upheld
by the courts.
DISCUSSION
As Laurel Pugh stated in her Memo (in the file, dated September 28,2005) regarding Trobec's
need for a liquor license, I
The City has broad discretion in determining whether to grant Trobec a liquor
license. As long as it treats him the same as it would any other person applying
for a liquor license under similar circumstances, and does not deny the
application on an arbitrary and capricious basis, the City has discretion to make
this decision. See Kavo Oil Co. v. City of Hopkins, 397 N.W.2d 612 (Minn. Ct.
App. 1986).
--;
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The Minnesota Supreme Court case of Country Liquors. Inc. v. City Council of the City of
Minneapolis, 264 N.W.2d 821 (Minn. 1978) clearly sets forth the method of analysis of an
application for a liquor license. First, the applicant must pass the minimum thresholds. In that
case, it was the 300' required distance between a liquor store and church. Then, the council has
the aforementioned broad discretion to decide whether to grant a license. In that case, the
applicant met all of the minimum requirements. The only hindrance which led to the denial of
his license was opposition from residents in the district. The court said that it conld find no
example of an instance to that time in which a court overturned a city council's decision to deny
a liquor license to an applicant. It upheld the denial of the liquor licensle.
St. Joseph's Ordinances adopt Minn. Stat. Ch. 340A in regulating the sale of liquor. Minn. Stat.
S 340A.402 states that an applicant for a liquor license is ineligible to receive the license ifhe
does not have a good moral character or reputation or ifhe has been charged with a felony in the
past five years. Since most alcohol-related driving offenses do not rise to the level of a felony,
Trobec is not automatically denied a license under this statute.
St. Joseph's Ordinances state that an applicant will not receive a liquor license if the council, in
its discretion, finds that it is not in the public interest for him to do so. (Ord. 71-05 subd. 1) As
factors in its decision, the council will examine the applicant's past compliance with the law,
past criminal charges and his overall character, and his attitude towards liquor laws and their
enforcement. (Ord. 71-05 subd. 4) In light of the "broad discretion" that the council has in such
a decision, it would most likely be able to rely on evidence of Trobec's past drinking and driving
citations in order to deny him a liquor license, should the council members choose to do so.
Drinking and driving citations show poor character and a poor attitude towards the existence and
enforcement ofliquor laws. Some vaguely similar situations were examined in the following
cases.
There is no case law on-point with the current issues. However, in Godfather. Inc. v. City of
Bloomington, 375 N.W.2d 68 (Minn. App. 1985), the city's code prohibited the issuance of a
liquor license to a person not of "good moral character," The appellant had previously owned
and operated a bar in Richfield that was known to allow illegal usage of drugs and underage
drinking on its premises. It also allowed nude dancing against certain Richfield ordinances. The
court stated that, "The council could consider his reccrd in dealing with drug usage, underage
drinking, assaults, and other incidents which relate to his fitness and character to hold a liquor
license." The court upheld the denial of his liquor license.
The case of Winans v. Elm Waseca Countv SLS, 2001 WL 1085040 (Minn. App.) states that a
prior arrest for DWI and, possession of marijuana can be "employment misconduct" where that
term is defined as "any intentional conduct that 'disregards the standards of behavior that an
employer has the right to expect of the employee' or any negligent conduct that 'demonstrates a
substantial lack of concern fro the employment.'" Winans. citing Minn. Stat. !i 268.095, subd.
6(a) (2000).
2
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i
Page I of 1
Judy Weyrens
From:
To:
Sent:
Attach:
Subject:
"Thomas G. Jovanovich" <TJovanovich@rajhan.com>
"Judy Weyrens" <jweyrens@cityofstjoseph.com>
Tuesday, October 18, 2005 11 :16 AM
M Memo re Trobec's background check 10-17-05.doc
Answer on Trobec Background Check "
Judy,
A five year old alcohol driving related offense with prior alcohol driving offenses can be used as a factor in the
council's decision to grant or deny a license to Trobec. The City has broad discretion in determining whether to
grant Trobec a liquor license. However, ,it should treat him the same as it would any other person applying for a
liquor license under similar circumstances. ' I
Another factor the council may want to consider is the short time duration of the license. The council may las a
matter of public policy not want to grant a 3 month license since there is really no incentive for the applicant to run
a tight ship. Normally, the threat of revoking the license encourages the license holder to follow the law" With
such a short term license this incentive is not present, and the desire for short term gain may outweigh thE! threat
of losing th,e license. '
Attached to this memo is a more detailed memo from Matt Moehrle from our office discussing the broad
discretion the council has in granting or denying liquor licenses.
If you have any questions, please call.
Tom
Tom Jovanovich
Rajkowski Hansmeier Lid.
320-251-1055
tjovanovich@rajhan"com
This is a transmission from Rajkowski Hansmeier Lid" and may contain information which is privileged,
confidential, and protected by the attomey-client or attorney work product privileges. If you are not the
addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited" If
you have received this transmission in error, please destroy it and notify my office immediately at our telephone
number (320) 251-1055. I
1018/2005
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I Attachment: Yes
REQUEST FOR COUNCIL ACTION
DATE: October 18, 2005
City Attornev
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM: Retain Miller & VanEaton to negotiate a transfer agreernent re: purchase of cable
franchise for Seren Innovations (Astound) by Charter
PREVIOUS ACTION: None.
RECOMMENDED BOARD ACTION
Approve or reject the retainer of Miller & Van Eaton to negotiate the transfer agreement.
FISCAL IMP ACT: Miller & Van Eaton estimates attorneys' fees in the amount of $25,000 to be prorated
between St. Cloud, Waite Park, Sartell, Sauk Rapids and St. Joseph, based upon population. An :
additional $25,000 for a financial analysis of Charter has also been proposed. In the opinion ofMillq &
Van Eaton, a substantial amount of the fees can be recovered from Charter as a condition of approving the
sale. It is less likely that the cost of the financial analysis will be recovered from Charter. Based on my
calculations, St. Joseph would be responsible for about 5% of the fees and costs, or $2500 based on the
total estimated fees and costs. i
i
I
I
,
COMMENTS/RECOMMENDATIONS
Miller & Van Eaton has considerable experience in the field of cable franchises. The City has the .
opportunity to obtain certain concessions in exchange for approving the cable transfer between Seren' and
Charter, at a much reduced cost given the cost sharing approach with the other area cities. I recommend
that the retainer be approved. c
."'''' r,~
MILLER & VAN EATON
P.L.L.C.
MATTHEW C. AMES
KENNETH A. BRUNBT!'l*
FREDERlCK E. BLLROD m
MARC!.!.. ~G!lKORN
WILUAM L. LOWERY
NICHOLAS P. MlLLER
MATTHEWK. SCHEITENHELM
JOSBPH VAN EATON
"Admitted to Practice in
California Only
1155 CONNEcrrCUT AVENUE, N.W.
SUITE 1000
WASIlINGTON, D.C. 200364320
TBLEPHoNE(2D2) 785-0600
FAX (202) 785-1234
OF COUNSEL:
JAMES R. HOBSON
NANNETIE M. WlNTJlll.t
GERARD 1. LEDERER
WILI.IAM R. MALONE
JOHNP. NOBLE
M1LLER& VANEATON, L.L.P.
400 MONTGOMERY STREFr
SUITE SOl
SAN FRANCISCO, CAuFoRNlA 94104-1215
TELEPHONE (4t5)477-365ll
FAX (415) 477-3652
WWW.MIT.l.ERVANEATON.CDM
t AdmitterlIO Practice in
New Mexico Only
October 3, 2005
Susan Dege, Esq.
Rajkowski Hansmeier Ltd
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
Re: Enl!:lllrement of Miller & Van Eaton.. P.L.LC.
Dear Ms. Dege:
We are pleased that you have engaged Miller & Van Eaton, P.L.L.C., to provide legal
services to the City of St. Joseph, Minnesota (the .City"), in connection with the transfer of
the cable television franchise currently held by Seren Innovations, Inc. (Seren") to a subsidiary
of Charter Communications, Inc. ("Charter"). The Cities of St. Joseph, St. Cloud, Sartell,
Sauk Rapids, and Waite Park (the .Cities") have all retained Miller & Van Eaton in
connection with the same matter, and have agreed to our joint representation of each of them.
Consistent with our normal practice, this letter and the enclosed Standard Terms of
Engagement (which is incorporated by reference) set forth the terms of our engagement.
Our fees for legal services in this matter will be based on the time we spend on the
engagement. We will bill the City for our work on this matter at the rate of $250 an hour for
attorneys and $85 for paralegal time. If matters should arise involving litigation or similar
proceedings, such as adversarial proceedings at the FCC, these additional matters will be billed
at our higher standard rates, or at such rates we may then agree upon. A review of rates is
conducted at least annually and an adjustment upwards may be made. In the event we believe
the nature of the services requested justifies a departure from that approach, we will discuss it
with you. In addition, we separately charge for varions expenses and other charges incurred in
connection with our rendering of services, all as described in the enclosed Standard Terms of
Engagement, the terms of which are incorporated in this letter.
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The client for this engagement is the City. We will submit invoices for all work on the
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_ franGhise transfer- .matter .. described .above. to.. Jan. .F, . Petersen, at the City of St. Cloud,
Minnesota. We understand that the Cities wish to prorate the amount of each invoice among
themselves, on the basis of their respective populations. Mr. Petersen will be responsible for
forwarding each invoice to the remaining Cities, along with a computation of each City's share
of each invoice. The Cities will then each be responsible for prompt payment of their shares
directly to Miller & VanEaton. This billing arrangement shall be known as the "joint billing
arrangement." Any of the Cities may, upon written notice to Miller & Van Eaton and the
other Cities, opt out of the joint billing arrangement entirely or, with the consent of the other
Cities, seek a different division of the invoice amount, In particular, we understand that,
because the City of St. Joseph is not currently served by Charter, that community may face
different issues than the other Cities, and may elect at some point to proceed differently from
the other Cities. At that point, we will begin to bill the City of St. Joseph separately and
directly, or take other actions in accordance with that City's instructions.
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We understand that the parties adverse to your interests are Seren, Charter, and cq:::
vrn Operating, LLC, a subsidiary of Charter. Please inform us immediately if you becotrie
aware of any additional adverse parties. I
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Miller & Van Eaton attorneys have represented and continue to represent a number Of
communications companies on matters unrelated to matters dealing with local communities'
public rights-of-way. In addition, the Firm does assist private firms, incluc1i.Dg
telecommunications companies, in a range of corporate business matters, including certain non-
federal taxation matters, including state taxation. Miller & Van Eaton normally does not
represent any local exchange telephone companies, cable television companies or other
telecommunications carriers on any matters directly adverse to the interests of 10c31
governments in communications services, usage of public rights-of-way, or FCC proceeciinE;s
of any sort. We work with non-profit groups, including the National Association of School
Boards and the American Foundation for the Blind, at the Federal Communications
Commission on telecommunications issues related to access to telecommunications facilities,
public access, and universal service. Finally, we are working with. trade associations for
persons owning and leasing commercial and apartment buildings on federal communications
issues related to access to those buildings. We do not perceive any actual conflict of intereh,
or potential for a direct conflict, between these matters and our representation of the City. Nor
do we perceive an actual or potential conflict arising as a result of our representation of the
Cities, whether joint or individual. By signing this letter, you acknowledge our existing
representation of the above-described entities and waive objection to any potential conflict.
Obviously, if an actual conflict should ever emerge, we would notify you immediately ahd
might be precluded from representing both parties. There is, however, no such conflict at this
time, as far as we are aware. I
The attorney-client relationship is one of mutual trust and confidence. We do our best
to see that our clients are satisfied not only with our services but also with the reasonableness
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Miller & Van Eaton, P.L.L.C.
Page 3
of the fees charged for those services. Whenever you have any questions or comments
-regarding our--services-, -or the. status--of.your- files ,..or.whenever -any -new-facts -or. considerations
come to your attention, you should contact me or any other attorney with whom you are
working. We also encourage you to inquire about any matter relating to our fee arrangements
or monthly statements that are in any way unclear.
We note that none of the lawyers currently in or associated with the finn is a member
of the bar of the State of Minnesota. Accordingly, the scope of representation by the finn's
lawyers under this retainer is limited to matters as to which we are pemlitted to represent you
by law, regulations or custom.
We appreciate your confidence in us and the opportunity to provide legal services to the
City. We look forward to working with you. If you have any questious regarding this letter or
our representation, please contact me.
If this letter of engagement is satisfactory to the City, please indicate the City's
concurrence by having it signed below and returning a copy of the letter to me.
Very truly yours,
By
The Standard Terms of Engagement contain a binding alternative
dispute resolution provision which may be enforced by the parties
APPROVED AND AGREED:
DATED:
CITY OF ST. JOSEPH, MINNESOTA
By:
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MILLER 8< VAN EATON, P.L.LoC.
STANDARD TERMS DF ENGAGEMENT
Includes information provided in accordance with the D.C. Rules of Professional Conduct
This statement sets forth certain standard terms of our engagement as your lawyers and is intended as. a supplement to the engagement letter that
we_ ~ave with you as (lur client. Unless modified In writing by mutual agreement, these terms will be an integral part of our agreement with you as_ ref,le_c;ted ,in
. 'th's "engageme-nt letter. - fiierefuret" we ask-tEat-you-'revTewthlS-statemeiit-ce:re-fully'a'ndco~ntSCt' us promjjtfy if you nave "snij'queStions. We suggesf thai you.'
retain this st:a\I:J"rei: In. your file with the engagement letter. This engagement shall be subject to the D.C. Rules of Professlonal Conduct. i
The Scope of Our Work
We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are
expressions of our best professional judgment, but are not guarantees, Such opinions are necessarily limited by our knowledge of the facts and are based on
the state of the law at the time they are expressed. '
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It is our policy that the person or entity that we represent Is the person or entity that is identified in our engagement letter. Absent an express
agreement to the contrary our representation dOBs not Include any affiliates of such person or entity (e.g., if you are a corporation or partnership, the
representation does not include any parents, subsidiaries, employees, officers, directors, shareholders or partners of the corporation or: partnership, or
commonly owned corporations or partnerships; or If you are a trade association, any membars of the trade association). If you believe this engagement
includes additional entitles or persons as our clients you should inform us immediately. i .
It is also our policy that the attorney-client relationship will be considered terminated upon our completion of any services that you have retained us
to perform. If you later retain us to perfann fUrther or additional services, ourattomey..client relationship will be revived subject to these Standard Terms of
Engagement and those set forth in this letter as they may be modified by mutual agreement to fit the circumstances at that time.
Who Will Provide the Legal Services
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Customarily, each client of the finn is served by a principal attorney contact. The principalattomey should be someone in whom you have
confidence and with whom you enjoy working. You are free to. request a change of principal attorney at any time. Subject to the superViSOry role of the
principal attorney, your work or parts of it may be performed by other lawyers and legal assistants in the flrm. Such delegatlon may be fdr the purpose of
involving lawyers or legal assistants with special expertise in a given area or for the purpose of providing services on the most efficient and timely basis.
How Our Fees Will 8e Set I
Generally, our fees are based on the time spent by the lawyers and paralegal personnel who work on the matter. We will charge for all time spent in
representing your interest, includlng~ by way of inustration, telephone and office conferences with you and your representatives, consultants {if any}, opposing
counsel, and others; conferences among our leg:al and paralegal personnel; factual investigation; legal research; responding to your requests for us to provide
information to your auditors in connection with reviews or audits of financial statements; drafting letters and other documents: and travel. We will keep
accurate records of the time we devote to your work. !
The hourly rates of our lawyers and legal assistants are reviewed and generally adjusted periodically on a Firm-wide basis to refle~ current levels of
legal experience, changes in overhead costs, and other factors. Although we may from time to time. at the client's request, furnish estimates of legal fees
and other charges that we anticipate will be incurred, these estimates are by their natura Inexact ldue to unforeseeable circumstances) arid, therefore, the
actual fees and charges ultimately billed may vary from such estimates. I
With your advance agreement. the fees ultimately charged may be based upon 8 number of factors, including: the time and effort required, the
novelty and complextty of the issues presented, the value of the servlces to you, the amount of money or value of property involved, the results obtained, end
the time constraints imposed by you and other circumstances, such as an emergency closing or the need for injunctive relief from court. i
For certain well-defined services and special circumstances we win (If requested) quote a flat fee. In all such situations, that flat: fee arrangement
will be expressed In a letter, setting forth both the amount of the fee and the scope of the services to be provided. We also will, in appropriate circumstances,
provide legal services on a contingent fee basis. Any contingent fee representation must be the subject of a separate and specific eng8geme~t letter.
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Rates and amounts specUied in our engagement agreement are net to us of state end local taxes. If your state or localityimpoSe5 sales or other
excise taxes on us as nonpresidents for our client services to you, either through withholding or through direct assessment, then the rates and amounts
specified in our engagement letter are grossed up by the amount of such taxes unless paid by you directly, so that the net amountS specified in our
engagement letter are not diminished by any such tax or withholding and the amounts specified in our engagement agreement are not diminished by any such
tax or withholding. I
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Additional Charges
In addition to our fees, there will be other charges for items Incident to the performance of our legal services~ Generally, Charges! which reflect the
use of resources provided by outside vendors (courier services, court reporters, etc.) are charged at the vendor's charge to us without markup. Certain other
charges reflect the utilization of firm resources or Involve an integral combination of firm's resources and outside vendors (photocopying, computer research,
etc.). These services are charged at standard rates which encompass both the dIrect vendor charge and an amount equal to the firm's estimate of an
appropriate charge for the firm resources allocated to the service. While these charges may not match the firm's exact cost of providing: these servIces in
each instance, we believe that these charges are fair and generally comparable to the charges made by other firms for similar services. The current basis for
these charges is set forth below. The Firm may raviewthis schedule of charges on an annual basis and adjust them to take Into account changes in the Firm's
costs and other factors. I
Computer Research: The Fmn uses the LexislNexls ancl Westlaw computer-assiated research services. Where applicable, such research is more
efficient than traditional book research and permits access toa much broader range of resources than normally found In a law firm library. However, in
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addition to the electronic data provided by the computer research services, we must provide dedicated hardware and technical support. We have entered into
contracts for the electronic data with our computer research services which we beneve provides the lowest rates for our projected usage~
Photocopying: The Firm charges $.25 per page.
Mall: Clients are charged the actual cost of postage for the U.S. Postal Service, as weD as 1he actual cost of air express couriers.
Overtime: Staff overtime Is charged only when required by the time constraints of the spec1fIC project.
Facsimile: The Firm charges $1.00 per page for outgoing faxes, wmch includes an telephone costs. There js no charge for Incoming faxes.
.- Yeiephone cans: iliere-ui" .no-charile -foilocaf"caHs.. [Q-rig- diStiiric:e-cBJrs Whien ofigfriabnntffe.Wz:fs"fiirtgfon bTflce are DIlled accortlJng to "'the.ammd.-
cost afthe call plus 20%.
'fravel-Related Expenses; Airfare, meals, and related travel expenses charged to the client represent actual, out.of..pocket cost. Automobile mileage
is charged at the IRS-approved rate of 40.5 cents per mile. Credits aamei1 ....nder the: FreqI,Jellt Flyer Programs 81::crue to the indMdual tr8Veler and not to the
Firm.
Finn Messengers: There is no charge to the client for walking messenger trips made by Washington oiffice employees. Other COllier expenses are
billed at the actual cost to Firm.
All Other Costs: The Firm charges actual disbursements for thirdilarty services such as CQun reporters" expert witnesses, etc.
Unless special arrangements are otherwise made, fees and expenses of others Isuch as experts, investigators, consuttants and court reporters) wi1l be the
responsibility of. and billed directly to, the client. Further, all invoices in excess of $500 wDl be forwarded to the cHent for direct payment, unless other
arrangements are agreed to separately.
In the event that payments from you to us in.clude advances of unearned fee5 and unlncurred costs. you agree that such advances may be
commingled with the firm's funds, subject to an accounting not later than upon termination of the representation~
Payment
Our biDing rates are based on the assumption of prompt payment. Consequently, unless erthar arra...tgP.ments are made, fees for services and other
char'Q'es will be billed monthly and are payable within thirty days of receipt. We reserve the right to charge ine=resf. after 1firty days at the maximum legally
permissible rate upto 1 % per month or 12% per annum on amounts past due.
Representation in Unrelated Matters
We understand and agree that this is not an exclusive agreement, and you are free to retaIn any other ,ooU1S6l of your choosing. We recognize that
we shall be disqualified from representing any other client m In any matter which is substantially related 10 our representation of you and nn with respect to
any matter where confidential information you furnished to us could be used to your material cfassdvantage., We represent many other companies and
individuals. It is possible that some of our present or future clients may have irrterests which conflict with yours in lftigation. business transactions or cr1:t-.er
legal matters during the time that we are representing you. Subject to 'the requirements of the District of CclhJrnma Rules of Professional Conduct whi:::h
govern us, we may in the future consult with you about our corTtinued reprasenta1ion or our undertaking of a new representation of a cfleJTt in any such matter
that is not substantially related to our work for you and that does not risk potential use of confidential informa1ion to yo.... material disadvantage. The D.C.
Rules of Professional Conduct deal specifically with instances where unforeseen conflicts arise between existing clients of 1:t\e firm.
Termination of Engagement
You may terminate our engagement with or without cause at any time on written notice to us. We witt return all client papers and property
immediately upon termination of our engagement. We will, however, retain our own files., If you wish to make copies of Ot.rr files, you or your new lawyer
can arrange to make copies of all our papers that we believe are necessary 10 continued representation. Termination of our services will net affect your
responsibility to pay for legal servlaes rendered and all expanses and other charges incurred up to the date when we receive notice of termination, and for any
further work required of us in order to facilitate an orderly turnover of matters in process at the time of termination.
We may terminate our engagement for any of the reasons permitted under the Rules of Professional Conduct which govern 1.$. including: your
failure to pay promptly our bills, mlsrepreserrtation of lor failure to dfsclose) any material facts, action taken contrary to our advice~ or any other conduct or
situation that in our Judgment impairs an effective attorney-client relationship betNeen us or presents contrlCtS wfth our protess:onal responsibilities. 5ubjec:
to the Rules of Professional Conduct which govern Us, we may also terminate our engagelT'.ent by reason of YOlJI[' tanure to consant tQ _ our representation of a
client in accordanae with the terms of the preceding section. If required, we wnl request a stipulation executed by you a..'lowing us to wttt-.draw as cttomey of
record in any Judicial, arbitration or similar proceedings. We may also apply for a court order approving our withdrawal from representing you, and you agree
in advance to our withdrawal.
Alternative-Dispute Resolution: Mediation and Arbitration
Should any dispute arise concerning either the services provided to you by us or our bnling statements 10rwarded to you, you and we shall first try in
good faith to settle the dispUte directly. If the dispute is nat resolved, it shall be submitted to volurrtary third party neutral med"&ation 1n accordance with the
mediation rules of the American Arbitration Association. If mediation is not successful, you and we agree to arbftrate the dispute in accordan::e \...'ith t.i')e Rules
of the American Arbitration Association. The mediation and arbitration proceedings, including any hearings, shall be held in a mutcaIly agreeable venL:e. Both
you and we agree that neither of us is entitled to or shall request or claim punitIve or exemplary damages.
Client Documents
We will maintain any documents you furnish to us in our client 1iIe (or files) for this matter. Ait t.'1e conclusion of "the I'r1a'tter tor earlier, if
appropriate), It is your obligation to advise us as to which, if any. of the documents in our files you wish us to turn over to you. "These documents wm be
delivered to you within a reasonable time after receipt of payment for outstanding fees and costs. We wUl retain any remaining documents in our files for a
certain period of time and ultlmatety destroy them in accordance with our record retention program schedule then in effect.
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CITY OF ST. JOSEPH
A tVllHm WORlD CnM!>ANY*
ss~e:li innovations"
Charter
COMMUNICATIONS'
October 17, 2005
Ms. Judy Weyrens
City Administrator/Clerk
City of St. Joseph
25 College Avenue North, PO Box 668
St. Joseph, MN 56374-0668
Re: Application to Transfer Seren Innovations Assets to Charter Communications
Dear Ms. Weyrens:
Charter Communications and Seren Innovations are writing to provide
information and address some potential concerns related to the sale of assets
from Seren to Charter. Specifically, we wish to address some apparent
misperceptions regarding the level of competition in the
cable/broadband/telecommunications industry and share some basic industry
information to give you a framework for understanding the environment in which
this sale of assets is occurring.
Contrary to certain views, the transaction between Seren and Charter will not
result in the. reduction or elimination of competition in the St. Cloud area. Charter
and Seren are not the only providers of the services they offer in this
marketplace. Since Seren built its network about seven years ago, the market
has dramatically changed. Today, there are more viable competitors for video,
telephone and Internet services in the St. Cloud area than were anticipated when
Seren built its system - and still more competition is on the horizon.
The "cable" business is no longer a video centric business; it's a "broadband
communications" business consisting of video, Internet, and telephone services,
with additional future services being developed in research labs. To be
successful, operators must build and upgrade their systems to provide services
that compete against a broad array of other service providers. Following the
close of this sale, Charter will continue to provide all three services - video,
telephone and Intemet - and vigorous competition will continue in the St. Cloud
area for all services. The array of competitors in this marketplace for all three
major lines of business has been strengthening and will continue following the
close of this transaction. .
The following are some examples of the existing competitors for the three
services offered by Seren in the St. Cloud area. In addition, enclosed are
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examples of marketing materials and other information that give a brief sample of
the services offered by competitors of these services in the St. Cloud area.
· The direct broadcast satellite (DBS) companies are direct competitors for
video services. DBS companies have grown from 0 to 25 million
customers over the past 11 years. DirecTV is the second largest provider
of multichannel video service, and Dish Network ranks third. Together
they serve one in four television homes, including over 25% of television
households in Minnesota. DBS companies heavily market their services,
promotional offerings and new services such as digital video recorders in
the S1. Cloud area, demonstrating the fact that DBS and cable companies
wage war for every customer, old and new.
. Over-the-air broadcasters continue to be strong competitors. Nationwide,
about 15% of all television homes choose to get their video service from
over-the-air broadcasters rather than from companies such as Charter,
Seren or DBS companies. In addition, the offerings of broadcasters are
growing rapidly as they introduce and make available at no charge
multiple channels of video programming in a digital format.
. DVDs and video cassettes are widely available for rent and/or purchase in
numerous locations as an additional source of video competition. In
addition to movies, many popular broadcast TV series (e.g., "Friends" and
"The Simpsons") and cable network programming (e.g., "The Sopranos"
and "Band of Brothers") are available on DVD. The distribution options
include not only chains such as Blockbuster and Hollywood Video, but
also retailers such as Best Buy and Target, as well as Amazon.com and
services such as Netflix.
. Video altematives over the Intemet are exploding. Broadband Intemet
offers broadcast-quality video, and consumers are downloading movies
and other video products, using Yahoo!, Google and other search engines
to access video content, and turning to the web channels of program
networks such as CNN, Fox News, Food Network, etc. AOL reported
drawing 5 million viewers to its live coverage of the Live 8 concert on
July 2, 2005. The fact that PC equipment manufacturers are increasingly
producing monitors that function as video screens underscores the rapid
merging of Intemet and video content.
. Perhaps most significant, telephone companies such as Qwest and the
Regional Bell Operating Companies (RBOCs) are aggressively seeking to
offer competitive video services. The RBOCs are pushing legislation in
both Congress and the State Legislatures that would strip away the power
of local communities to grant video franchises in favor of giving telephone
companies tremendous competitive advantages in offering multichannel
video services. The RBOCs have announced multi-billion dollar plans to
upgrade their networks to deliver advanced video services, and are
announcing entries into various communities across the country. At the
same time, the RBOCs are beefing up the scale and scope of their
networks. For example, SBC is acquiring AT&T and Verizon is acquiring
MCI. Thus, the Minnesota assets of AT&T and MCI will soon becomelpart
of the infrastructures of these giant RBOCs as they continue their
aggressive march into the video business.
· Video service has also become available to consumers over wireless
phones and other portable wireless devices. For example, in February
2005 Verizon Wireless introduced a service called "V Cast" that provides
video programming such as news updates, sports highlights, weather and
games, as well as the ability to download content such as music videos.
Other wireless phone and portable device video options are becoming
available at a rapid pace. Just this week, Apple Computers and ABC
Television Group announced a deal whereby video programming from the
ABC TV group will be available for viewing on iPods.
. Telephone voice services have a similar array of technologies and
competitive service providers available in the St. Cloud area. In addition
to Seren and Qwest, customers have the option to choose from a number
of authorized wireline service providers. The Minnesota Public Utilities
Commission identifies about 17 companies authorized to provide
telephone services in the st. Cloud area communities, including Eschelon
Telecom, Integra Telecom, Lakedale Link, Sprint and US Link in addition to
Qwest.
. Telephone customers can also choose from a variety of wireless service
providers, including Verizon Wireless, Cingular, T-Mobile, SprintlNextel
and Qwest.
. Voice over Internet Protocol (VoIP) services have also become available
over the past year in the St. Cloud area. Companies such as Vonage,
AT&T CallVantage and Verizon VoiceWing offer VolP service that can be
used over any broadband connection.
. Consumers also have a broad array of choices for data/Internet service.
Much of the attention is focused on DSL broadband service, which is
widely available and heavily marketed by a number of telecom companies.
. A variety of wireless options are also available for data services. Wireless
phone companies such as Verizon Wireless, SprintlNextel, Cingular, T-
Mobile and Qwest offer a number of data services to many different
devices, including mobile phones, Personal Data Assistants, and laptop
computers. Clearwire also offers wireless broadband Internet service
throughout the area using WiMax technology, and a growing number of
WiFi hotspots are also available.
. In addition, dial-up Internet access service is ubiquitously available though
a number of ISPs in the St. Cloud area.
This sampling of competitors available for telephone, video and data services
demonstrates that the St. Cloud market has robust competition for all three
services, and the number and variety of service options is rapidly increasing.
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If the Seren/Charter transaction were viewed in isolation from the competitive
market and rapid changes taking place in this dynamic industry, one would get
the wrong idea of this transaction. The combination of the assets of these two
systems will serve to improve the competitive environment by positioning Charter
to meet the advances made by other technologies and other sophisticated, well-
heeled competitors. Charter and Seren are confident the combined assets will
enhance the continued advancements in the necessary technologies to benefit
the customers and ensure continued services and competitiveness.
By growing the base and scope of services in the Greater St. Cloud area, Charter
will be able to achieve greater operational efficiencies, such as increased
utilization of nodes and fiber optic facilities, coordinating technicians and truck
fleets through a centralized facility, and maintaining a vibrant nl9twork. This
transaction will also allow Charter to direct added resources toward these
deployments, as well as the continued investment in new technologies, that meet
the needs and interests of both current and prospective new cUlstomers.
. Charter has already proven it has the ability, commitment and vision to deliver
these advanced services through its present operations. Nothing could
demonstrate Charter's continued commitment to the future of the Greater St.
Cloud area any better than the purchase of Seren's assets.
Thank you for your thoughtful consideration of this matter. Sholuld you have any
questions or concerns regarding this, or any other matter regarding our
companies, please do not hesitate to contact us.
Sincerely,
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Tucker Carlson
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Director Government Affairs
Charter Communications
651-464-9707
Cress Gackle
Market Developme,nt Team leader
Seren Innovations
612-395-3514
cc: City of SI. Cloud City Officials and Staff
City of SI. Joseph City Officials and Staff
City of Sartell City Officials and Staff
City of Sauk Rapids City Officials and Staff
City of Waite Park City Officials and Staff
leSauk Township Board Officials and Staff
SI. Joseph Township Board Officials and Staff
Sauk Rapids Township Board Officials and Staff
Rf/':ENEO
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October 5, 2005
To: Judy Weyrens \/
DougWeiszhaar "
F_ M"",_IT",^",~L
128 Able Court ~a~
St. Joseph, MN 56374
Re: Field Street Presentation on
October 4 , 2005
I would like to thank you for the opportunity to come together for an informational session abou
the history and the current status ofthe Field Street Study. It gave us all an opportunity to have
current information shared along with the chance for people to ask questions (as well as some
voicing their concems-even though it was intended to be only questions to you Doug). The
gentleman that was the moderator, Bob Heim, was most gracious in handling the "traffic" flow i
that took the microphone. Also, thank you to whomever hired Bob to handle the events at the I
meeting. I am sure it made it seem more "open" to many of the attendees last night. I
Doug, your presentation, along with the abundance of graphics displayed on the walls throughout
the room, indicated that a great deal of preparation had gone into preparing for this event. I for
one, thought it was very informative, concise, and at the level for all to comprehend.
In spite of the terrible weather, power outage in some areas, and a short lead time for advertising,
their seemed to be a healthy turn out. As people chatted in small groups after the event, it
seemed very amiable. Hopefully, and with guidance by our elected officials, St. Joseph should
be able to continue to thrive with people that find this a wonderful place to live-no matter the
outcome of this study.
Thank you again for the time put into this and the opportunity to assemble with others. It was
something that was beneficial to many folks and can be used for future planning.
'O:>CC;::IVl=iI")
fi~ \4.-~ "" _~iL",
OCT 0 6 2005
Ifi.D. e::-
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CiTY OF ST. JOSEPH
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706 S Ramsey Street
Redwood Falls, MN 56283
October 11, 2005
Mayor Richard Carlbom Er City Councilors
City of St Joseph
PO Box 668
StJoseph, MN 56374-
Greetings:
This letter is written in support of the Order of Benedictine Sisters in their quest against the
Field Road proposaL Having spent five days at the Spirituality Center and walking some I
trails in the woods I must speak about this.
when religious orders first acquire monastery lands they create outdoor sanctuaries to ,
protect the religious community from the intrusions of the outside world. The expanse of
land serves as a buffer to outside forces that can threaten the spiritual pursuits and peace
of the community. This ensures their tranquility and worship space, which includes theiri
patch of God's great earth. ;
i
,
i
Many years ago the Sisters of the Order of Saint Benedict created this particular refuge of
land, along with their religious sanctuary and eventually their campus. This land is sacred in
every way and I would urge you and those on the Technical Advisory Committee to step back
and look at the Benedictine's land through hallowed lenses. i
I
i
i
It appears as though no understanding of, respect or sensitivity for monastic life was .
considered in the process to develop the Field Road proposition. It is obvious the road i
would be a complete intrusion. It would create traffic noise and sever the college campu~
and religious community from their cherished preserved land, for which they have been i
,
good stewards for well over one-hundred years.
i
It would be best for StJoseph elected officials to reject the Field Road proposal now, or at
the least for the principals to humbly withdraw the plan. This will be a gesture of genuine
respect for the Benedictine sisters, for which they will be gratefuL I
i
You have already identified road alternatives that will not violate the monastery land and its
blessed protectors. Put your efforts into a viable solution for your requirements that do'es
not breach the Benedictine's college and monastic enclave.
Resm~~h~
Ba~n (BJ) Justice-Kamp
C: N. Bauer, Prioress, St Benedict's Monastery
M. Baenninger, President, College of St Benedict
D. Weiszhaar, WSB Er Associates
vre-chnical Advisory Committee
10/7/05
Judy Weyrens, City Administrator
PO Box 668
St. Joseph, MN 56374
Dear City Administrator,
I am writing to express my concern and opposition to the Field Street Corridor that is
proposed to be built on St. Benedict's Monastery property. Being a forrner member of
the monastic community and a frequent visitor to the monastery/college complex, I know
how important the property is for members ofthe monastic community and college. I
think it would be very detrimental to the spiritual character of the campus and monastic
grounds to have a major highway cutting through the property. This property is truly a
sacred space that provides a quiet and safe respite for reflection and prayer, and is used
by a much broader cornmunity than those residing on campus. Please do not destroy this
beautiful and historic environment.
Sincerely,
~6J4
Ann Terwey Orth
i 2 ZOO:;
M:.;tFC:r:,:,:t';'-".
33246 Hwy. 56 Blvd.
Dennison, Mn. 55018
.,1 : 1 ]
':;nv OF :3'L ,iUS;:;;"i
Dear Judy Weyrens,
I am Sister Theresa : Lodermeier a member of St. Benedict's
Monastery, born and raised in St. Joseph, and now employed by
St. Pius V Church in Cannon Falls, Mn.
By now I suspect you are guessing that I am opposed and distraught
over the proposed COLLECTOR ROAD through the Monastery and College
property. In fact when I heard about this possibility, maybe 10 years ago,
said I would stand in front of bulldozers! Well that was then. But I'm
hoping that the letters you are receiving will encourage you to under-
stand and appreciate the Monastery and College opposition.
My reasons:
1. This ROAD destroys our rural, quiet, and treasured woodland, farm-
land, natural grassland, wetland and oak preserve.
2. It will cut off safe access to our woods and walking trails used by
The Sisters, Retreat Guests, Students and Faculty. And can you
the noise from trucks and cars? So sad!!!
3. Really how much planning was/is given to alternate routes? It seems
to me this route was chosen for convenience and a little hostility toward
the Sisters. (Sorry to say that but I am a St. Joe Girl).
4. With the new plans for a baseball Field and Hockey Rink on the
east side of town I would think this would be the area to plan for
Commercial Development and a different access into or around
the town.
Thank you for your continued work and planning for this important
project which has serious ramification for the growth of the Town,
College and Monastery.
Thank you, God Bless you and Sincerely,
Il'f4 7L~ ~
October 4, 2005
Judy Weyrens, City Administrator
P.O. Box 668
St. Joseph, MN 56374
Dear Ms. Weyrens:
The woodlands and prairie that are part of St. Benedict's Monastery and College
are precious lands to be preserved for future generations. I have special memories of
walking through these areas while I studied and worked at St. Ben's and more recently
when I've visited the college. I urge you not to continue plans to build the new road
proposed by the Field Street Corridor Study. To separate the monastery and college
from these lands by a busy road would be a mistake.
I hope you will take action against this proposal and consider other alternatives.
Sincerely,
~~Cofu
Beverly Hahn Cote
CSB Class of '74
DOWNTOWN DISCUSSION
One essential element in downtown revitalization is giving Main
Street a "Sense of Place." Dr. Kent Robertson, a communitY
development expert at SCSU, will discuss a number of ke~
elements that are essential in giving a downtown a I
"sense of place."
Join us for this exciting event which will
focus on Downtown St. Joseph!
Wednesday, October 26th
5:30 p.m.
St. Joseph City Hall
._.~-----_._----------------_._.
Sponsored By:
. St. Joseph Economic Development Authority
. St. Joseph Downtown Committee
MITCHELL A. ANDERSON, P.E.
Highway Engineer
JEFF MILLER, P.E.
Asst. Highway Engineer
JODI L. TEICH, P.E.
Asst. Highway Engineer
#875-8898
COUNTY
OF
STEARNS
Department of Highways
PO Box 246. St Cloud, MN56302
(320) 255-6180. FAX (320) 255-6186
RECEIVED
i
un 0 5 2005
,
I
CITY OF ST JOSEPH
September 30, 2005
TO: Stearns County Township Chair
Stearns County City Clerks
I am sending this Notice to you of this year's meeting for our proposed F ve
Year Highway Construction Program. !
i
i
NOTICE FOR FIVE YEAR CONSTRUCTION
PROGRAM I
Notice is hereby given that the Stearns County Department of Highways
will consider a Five-Year Highway Construction Program using federal ,funds,
state aid funds, and local funds at a meeting to be held in the Stearns County
Public Works Building, located at 455 28th Avenue South, Waite Park, MN., on
Tuesday, October 25, 2005 at 7:00 p.m. .
I want to emphasize that this meeting is on a proposal onlv and atthis time has
not been adopted in any way by the County Board. They will await the'
outcome ofthe Public Meeting prior to adopting the program and its final form.
Copies of the proposed program will be available at the meeting. If you have
any questions pertaining to this matter, please contact me.
Sincerely,
-t1f~ 't(. a~
Mitchell A. Anderson, P .E.
County Engineer
MAAlcms
cc: File
."Affirmative Action I Equal Opportunity Employer"
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ACKNOWLEDGMENT
On this, the
day of
,2005, the undersigned,
Mr./Ms.
agrees to and understands the limitations and
conditions placed on the license for the sale of liquor (hereinafter "license") granted to the
undersigned by the City Council of the City ofSt. Joseph, Minnesota.
Conditions: The undersigned agrees to and understands that the license is a special,
temporary license for the "on-sale" of intoxicating liquor, issued to David Trobec d/b/a Trobec's
Event Center and Trobec Enterprises, Inc. and subject to the following conditions:
(1) that the license is only valid until 11 :59 p.m. on December 31, 2005;
(2) that the maximum number of persons in the establishment shall not exceed 300
persons at any time, unless
(a) the building is brought up to Minnesota Fire Code standards set forth in
Minn. Stat. 9 , and
(b) an inspector of the City's choosing certifies that the building is safe for
occupancy over 300 persons;
(3) that the matrix of penalties against holders ofliquor licenses currently established
as policy and used by the City ofSt. Joseph, will be inapplicable to Mr. Trobec, Trobec's Event
Center and Trobec Enterprises, Inc.;
(4) that any violation of any kind or degree of the City ofSt. Joseph's Ordinances as
they pertain to the holders of liquor licenses shall grant in the City the right to immediately
revoke the liquor license held by Mr. Trobec, Trobec's Event Center and Trobec Enterprises,
Inc.; AND
(5) by signing this Acknowledgment form, Mr. Trobec is effectively waiving his right
to liquor license violations penalties as presented in the liquor license violations matrix.
Enforceabilitv: The undersigned understands that these conditions are meant to
supplement any conditions imposed upon the holder of a liquor license by Minn. Stat. Chap.
340A, any Ordinances of the City ofSt. Joseph, including but not limited to 9 71.08, and any
other regulation to which a liquor-selling establishment located in the City of St. Joseph is
subject. If any conditions expressed in this agreement conflict with City Ordinances, the
conditions expressed herein shall supersede the conflicting City Ordinances, specifically, but not
limited to, St. Joseph City Ordinance 9 71.12, which regulates suspension and revocation of
liquor licenses.
By
David Trobec
Owner and Operator of Trobec Enterprises, Inc. and d/b/a Trobec Event Center
October 20, 2005
Agenda Item No. 10(a)
Issue:
David Trobec's Application for Intoxicating Liquor License
BACKGROUND:
David Trobec is currently renting space on a month-to-month basis in the Light House in the
City ofSt. Joseph and would like to sell liquor on Thursday, Friday and Saturday evenings at
least through December of2005. Thus, he has applied for a license to sell intoxicating liquor
under St. Joseph City Ordinance Chap. 71. His establishment would act on a for-profit basis. It
would offer weekly drink specials and host a one-time Johnny Holmes concert. Currently, Mr.
Trobec's leased space does not contain fire suppression materials. Thus, under the Minnesota
Fire Code, Minn. Stat. ~ , occupancy ofthe space is limited to three hundred (300)
persons.
Should the Light House undergo the proposed remodeling project, which includes construction
of a hockey arena, Mr. Trobec would choose to end his lease this December. If the hockey arena
project is not approved, Mr. Trobec will remain the lessee of his space and continue to sell
liquor. In that case, his license would require annual renewal each June.
As a required procedure along with his application for a liquor license from the City, the St.
Joseph Police Department conducted a background investigation on Mr. Trobec. He has
multiple alcohol-related driving offenses on his record, with the most recent occurring in 2000.
REQUIRED ACTION:
Issue or deny a license to David Trobec, d/b/a Trobec's Event Center and Trobec Enterprises,
Inc., allowing him to engage in "on-sale" of intoxicating liquor under St. Joseph City Ordinances
Chap. 71.
RECOMMENDED ACTION:
If Mr. Trobec is awarded a liquor license, it should be a special license subject to more stringent
conditions than those typically in place due to the increased risks associated with the operation of
his establishment, which are outlined below. First, the license should be granted only through
December 31, 2005. This alleviates any uncertainties as to the duration for which Mr. Trobec's
establishment will operate. Second, the occupancy of the establishment should be limited to 300
persons at all times, due to its fire code deficiencies for numbers greater than that.
Mr. Trobec's license should also be subject to more stringent penalties, considering he may
abandon his establishment after a short time. The threat of having a liquor license revoked under
the current penalties matrix is incentive enough for owners of permanent bars and clubs in the
City to obey its Ordinances. However, because Mr. Trobec will possibly abandon his
establishment in a short time, he may find it more profitable to ignore applicable Ordinances and
focus more on short term profits, without regard to whether his license is eventually revoked.
I
October 20, 2005
. Thus, the City should reserve its right to immediately revoke the license upon any violation by
Mr. Trobec of applicable liquor sales laws.
Finally, Mr. Trobec should be required to sign an Acknowledgment form that demonstrates his
understanding of the special conditions placed on his license.
SUGGESTED MOTION:
The council hereby moves to grant a special, temporary license for the "on-sale" of intoxicating
liquor to David Trobec d/b/a Trobec's Event Center and Trobec Enterprises, Inc. subject to the
following conditions:
(1) that the license is only valid until 11:59 p.m. on December 31, 2005;
(2) that the maximum number of persons in the establishment shall not exceed 300
persons at any time, unless
(a) the building is brought up to Minnesota Fire Code standards set forth in
Minn. Stat. ~ , and
(b) an inspector of the City's choosing certifies that the building is safe for
occupancy over 300 persons;
(3) that the matrix of penalties against holders ofliquor licenses, currently established
as policy and used by the City ofSt. Joseph, will be inapplicable to Mr. Trobec, Trobec's Event
Center and Trobec Enterprises, Inc.;
(4) that any violation of any kind or degree ofthe City ofSt. Joseph's Ordinances as
they pertain to the holders of liquor licenses shall grant in the City the right to immediately
revoke the liquor license held by Mr. Trobec, Trobec's Event Center, and Trobec Enterprises,
Inc.; AND
(5) Mr. Trobec agrees to and signs the attached Acknowledgment form of even date
herewith, effectively waiving his right to liquor license violations penalties as presented in the
liquor license violations matrix.
These conditions are meant to supplement any conditions imposed upon the holder of a liquor
license under Minn. Stat. Chap. 340A, any Ordinances of the City ofSt. Joseph, including but
not limited to ~ 71.08, and any other regulation to which a liquor-selling establishment located in
the City of St. Joseph is subject. If any conditions expressed in this agreement conflict with City
Ordinances, the conditions expressed herein shall supersede the conflicting City Ordinances,
specifically, but not limited to, St. Joseph City Ordinance ~ 71.12, which regulates suspension
and revocation of liquor licenses.
2
October 20, 2005
Councilor
moved to approve the draft letter as presented OR with the
following revisions:
Councilor
seconded the motion.
ROLL CALL
Mayor Richard Carlbom
Councilor Al Rassier
Councilor Ross Rieke
Councilor Renee Symanietz
Councilor Dale Wick
Motion (Approved) (Denied) on this the
day of
,2005.
3
Deutz made a motion to approve the variance relieving the exterior requirements abutting a street
front.
RESOLUTION OF FINDING
The request of Midnight Haulers to relieve the exterior requirements abutting a street front to allow the
expansion of their facility came before the Planning Commission on October 17, 2005.
The property is legally described as follows: Lot 1; Block 1 Whitney Wing.
St. Joseph Code of Ordinances 52.33 Subd. 9(a) requires that a minimum of twenty-five (25%) of the
exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural
stone or cultured rock; glass vinyl; stucco, aluminum lap siding; cut block; and concrete block.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the
following fmdings:
St. Joseph Code of Ordinances 52.7 subd 2(a)(l) states: "that there are exceptional or
extraordinary circumstances or conditions applying to the property in question as to the intended
use of the property that do not apply generally to other properties in the same zoning district. The
exceptional or extraordinary circumstances must not be the result of actions taken by the
petitioner.
FINDING: The face of the building is not parallel to CRI33 and will not be visible due to
fencing around the building.
St. Joseph Code of Ordinances 52.7 subd 2(a)(2) states: "that the literal interpretation of the
provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other
properties in the'same district under the terms of this Ordinance".
FINDING: Other property owners would be afforded the same rights under similar
circumstances.
St. Joseph Code of Ordinances 52.7 subd 2(a)(3) states: "that granting the variance requested will
not confer on the applicant any special privilege that is denied by this Ordinance to other lands in
the same district".
FIND ING: Applicant has agreed to the contingency that if the fencing were permanently
removed, they would be required to comply with the exterior adornment requirements.
Other property owners would be afforded the same rights under similar circumstances.
St. Joseph Code of Ordinances 52.7 subd 2(a)(4) states: "that the proposed variance will not
impair an adequate supply of light and air to adjacent property, or diminish or impair established
property values within the surrounding area, or in any other respect impair the public health, safety
or welfare of the residents of the City".
FINDING: That by screening the side adjacent to CRI33, they are still complying with
the intent of the Ordinance.
St. Joseph Code of Ordinances 52.7 subd 2( a)(5) states: "that the condition or situation of a
specific piece of property, or the intended use of said property, for which the variance was sought,
is not of so general or recurrent a nature as to make reasonably practicable the formulation of a
general regulation for such conditions or a situation".
FINDING: It is afarless occurrence that a property has two streetfronts. This only
happens on corner lots. By fencing the side facing CR133, the intent of the ordinance is
still being met.
81. Joseph Code of Ordinances 52.7 subd 2(a)(6) states: "the variance requested is the minimum
variance which would alleviate the hardship on the particular property".
FINDING: Applicant is only seeking relieffrom side that will be screened therefore the
variance has been minimized.
81. Joseph Code of Ordinances 52.7 subd 2(a)(7) states: "the variance would not be materially
detrimental to the purposes of the zoning ordinances or property within the same zoning
classification" .
FINDING: They plan to put afence around the property, and as a result, the brick would
not be seen from the road. The front of their building that faces 19th Avenue will comply
with the adornment requirements.
Approval is based on the following contingency:
If the fencing were permanently removed, the exterior adornment would be required.
The motion was seconded by Rassier.
Loso made a motion denying the variance request for relief of the curbing requirements.
RESOLUTION OF FINDING
The request of Midnight Haulers to relieve the curbing requirements to allow the expansion of their facility
came before the Planning Commission on October 17,2005.
The property is legally described as follows: Lot 1; Block 1 Whitney Wing.
St. Joseph Code of Ordinances 52.33 Subd. 9(m) requires concrete curb to B612 specifications shall be
used for all automobile stops and for all drive and parking areas.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City ofSt. Joseph, the Planning Commission makes the
following fmdings:
St. Joseph Code of Ordinances 52.7 subd 2(a)(1) states: "that there are exceptional or
extraordinary circumstances or conditions applying tl?JP.~property in question as to the intended
use of the property that do not apply generally to other properties iIi the same zoning district. The
exceptional or extraordinary circumstances must not be the result of actions taken by the
petitioner.
FINDING: The applicant agreed to put in the concrete curbing when the plat was
originally approved.
St. Joseph Code of Ordinances 52.7 subd 2( a )(2) states: "that the literal interpretation ofthe
provisions of this Ordinance would deprive the petitioner of rights commoIily enjoyed by other
properties in the same district under the terms of this Ordinance".
FINDING: The Ordinance requirements are the same for other new property owners as
well as existing property owners who wish to make updates to their property.
St. Joseph Code of Ordinances 52.7 subd 2(a)(3) states: "that granting the variance requested will
not confer on the applicant any special privilege that is denied by this Ordinance to other lands in
the same district".
FINDING: This is a new Ordinance requirement and any other new property owners
would be required to follow the same requirements for concrete curbing.
St. Joseph Code of Ordinances 52.7 subd 2(a)(4) states: "that the proposed variance will not
impair an adequate supply oflight and air to adjacent property, or diminish or impair established
property values within the surrounding area, or in any other respect impair the public health, safety
or welfare of the residents ofthe City".
FINDING: It is unclear as to what will be done with the undeveloped property along the
east side of their property. The City needs to look towards the future to make sure that by
allowing them to drain into that empty field they are not impairing any future
development of that property.
St. Joseph Code of Ordinances 52.7 subd 2(a)(5) states: "that the condition or situation of a
specific piece of property, or the intended use of said property, for which the variance was sought,
is not of so general or recurrent a nature as to make reasonably practicable the formulation of a
general regulation for such conditions or a situation".
FINDING: This is of recurrent nature. All other property owners need to comply with
storm water issues and Ordinance regulation; therefore granting avariance would
confer rights denied to others.
St. Joseph Code of Ordinances 52.7 subd 2(a)(6) states: "the variance requested is the minimum
variance which would alleviate the hardship on the particular property".
FINDING: No findings found.
St. Joseph Code of Ordinances 52.7 subd 2(a)(7) states: "the variance would not be materially
detrimental to the purposes of the zoning ordinances or property within the same zoning
classification" .
FINDING: By granting the variance for the curbing, the integrity of the Ordinances
would be compromised, as no other property owner would feel the need to comply with
the Ordinances.
The motion was seconded by Kalinowski.
RESOLUTION OF FINDING
The request of Sand Companies for revision of their Special Use Permit that was issued on August 5, 2004
came before the Planning Commission on October 17,2005. The original Special Use Permit provided for
the construction of eight (8) single story patio homes and ten (10) two story townhomes. The revised site
plan develops the entire site with two story townhomes.
The property is legally described as follows: Lot 2; Block 3 Morningside Acres 2.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City ofSt. Joseph, the Planning Commission makes the
following findings:
With the revisions mentioned above, this would not change the density rather it would provide
more greenspace. The Special Use Permit needed to be revised due to the fact that this is a R-3
Zoning District and after a plan is approved, it can only be changed by amending the Special Use
Permit.
Therefore, based on the above fmdings, the Planning Commission makes the following recommendation:
Approval of the revised Special Use Permit as presented.
Deutz made a motion to go along with staff recommendation to recommend that the Council approve
the revised Special Use Permit request as presented. The motion was seconded by Rassier.
MEMORANDUM
Date:
October 20, 2005
To:
S1. Joseph City Administrator and City Council
From:
Bill Barber /_//~
Building Official p/t/'v~~
Re:
Lighthouse
I was informed this date that the new owners/occupants of the Lighthouse building were
applying for a liquor license. I understand that this facility has not been used for the past 6
months or more as a place of assembly. In my conversation with Ron Wasmund, Building
Official for the City ofSt. Joseph, I was informed that there is approximately 11,780 square feet
of area within the building, which could be used for an assembly use intended for food and/or
drink consumption. Given these parameters, I have determined the following based on the
State Building and Fire Codes.
Total Square Footage:
11,780
Occupant Load; 785
Based on IBC Table 1003.2.2.2 - For Assembly areas without fixed seats,
(Unconcentrated - table & chairs) a 15 square feet per occupant is used.
Occupancy Classification:
A-2
Automatic Sprinkler System: Required.
mc and IFC Sections 903.2.1.2 states that an automatic sprinkler system shall be
provided throughout a fire area containing a Group A-2 occupancy where the following
conditions exist. a) The fire area exceeds 5,000 square feet and b) The fire area has an occupant
load of 300 or more. Since both of these requirements exist, the building must be sprinkled
throughout.
It would be our recommendation that this facility not be permitted to operate as an assembly
occupancy until an automatic sprinkler system has been installed per the State Building and Fire
Codes.
Should you have any additional questions, please feel free to ask.
MEANS OF EGRESS
1003.2 System design requirements. The means of egress
system shall comply with the design requirements of
Sections 1003.2.1 through 1003.2.13.7.1.
1003.2.1 Multiple occupancies. Where a building con-
tains two or more occupancies, the means of egress
requirements shall apply to each portion of the building
based on the occupancy of that space. Where two or more
occupancies utilize portions of the same means of egress
system, those egress components shall meet the more
stringent requirements of all occupancies that are served.
10(}3.2.2l)esignoc~ppanf load.ln5letermining means of
egress requirements, the number of occupants for whom
means of egress facilities shall be provided shall be estab-
lished by the largest number computed in accordance with
Sections 1003.2.2.1 through 1003.2.2.3.
1003.2.2.1 Actual number. The actual number of
occupants for whom each occupied space, floor or
building is designed.
1003.2.2.2,Number bf'rablel003.2.2.2'jThe number
of occupants computed at the rate of one occupant per
unit of area as prescribed in Table 1003.2.2.2.
TABLE 1003.2.2.2
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT
FLOOR AREA IN
sa. FT. PER
OCCUPANCY OCCUPANT
Agricultural building 300 gross
Aircraft hangars 500 gross
1;1 Airport terminal 100 gross
i Concourse
(;jt Waiting areas 15 gross
J V Baggage claim 20 gross
Baggage handling 300 gross
Assembly
Gaming tloors (keno, slots, etc.) II gross
Assembly with fixed seats See 1003.2.2.9
Assembly without fixed seats
Concentrated (chairs only-not fixed) 7 net
Standing space 5 net
Unconcentrated (tables and chairs) 15 net
Bowling centers, allow 5 persons for
each lane including 15 feet of runway,
and for additional areas 7 net
Business areas 100 gross
Courtrooms - other than fixed seating areas 40 net
Dormitories 50 gross
JI
1\'
"-
'lJ '\i \
1 &. J\
f\"I::l '?
\\l IJ/
l~
.L--j .w
'-.:. ~.~
1tJ~
."J
(continued)
2000 INTERNATIONAL BUILDING CODE@
1003.2 - 1003.2.2.4
TABLE 1003.2.2.2-continued
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT
FLOOR AREA IN
sa. FT. PER
OCCUPANCY OCCUPANT
Educational
Classroom area 20 net
Shops and other vocational room areas 50 net
Exercise rooms 50 gross
H-5 Fabrication and manufacturing areas 200 gross
Industrial areas LOO gross
Institutional areas
Inpatient treatment areas 240 gross
Outpatient areas 100 gross
Sleeping areas 120 gross
Kitchens, commercial 200 gross
Library
Reading rooms 50 net
Stack area 100 gross
Locker rooms 50 gross
Mercantile
Basement and grade tloor areas 30 gross
Areas on other tloors 60 gross
Storage, stock, shipping areas 300 gross
Parking garages 200 gross
Residential 200 gross
Skating rinks, swimming pools
Rink and pool 50 gross
Decks 15 gross
Stages and platforms 15 net
Accessory storage areas, mechanical 300 gross
equipment room
Warehouses 500 gross
For 51: I square foot = 0.0929 m2.
1003.2.2.3"'NUJriberby combination. Where occu-
pants from accessory spaces egress through a primary
area, the calculated occupant load for the primary
space shall include the total occupant load of the pri-
mary space plus the number of occupants egressing
through it from the accessory space.
1003.2.2AIIlcreasedoc~upant ..Ioad.; The occupant
load permitted in any building or portion thereof is per-
mitted to be increased from that number established for
the occupancies in Table 1003.2.22 provided that all
other requirements of the code are also met based on
213
303 - 305.2
SECTION 303
ASSEMBLY GROUP A
303.1 Assembly Group A. Assembly Group A occupancy
includes, among others, the use of a building or structure, or
a portion thereof, for the gathering together of persons for
purposes such as civic, social or religious functions, recre-
ation, food or drink consumption or awaiting transportation.
A room or space used for assembly purposes by less than 50
persons and accessory to another occupancy shall be includ-
ed as a part of that occupancy. Assembly occupancies shall
include the following:
A-I Assembly uses, usually with fixed seating, intend-
ed for the production and viewing of the performing
arts or motion pictures including, but not limited to:
Motion picture theaters
Television and radio studios admitting an audience
Theaters
A-2 Assembly uses intended for food and/or drink con-
sumption including, but not limited to:
Banquet halls
Night clubs
Restaurants
Taverns and bars
A-3 Assembly uses intended for worship, recreation or
amusement and other assembly uses not classified
elsewhere in Group A, including, but not limited to:
Amusement arcades
Art galleries
Auditoriums
Bowling alleys
Churches
Community halls
Courtrooms
Dance halls
Exhibition halls
Funeral parlors
Gymnasiums
Indoor swimming pools
Indoor tennis courts
Lecture halls
Libraries
Museums
Passenger stations (waiting area)
Pool and billiard parlors
A-4 Assembly uses intended for viewing of indoor sport-
ing events and activities with spectator seating,
including, but not limited to:
Arenas
26
USE AND OCCUPANCY CLASSIFICATION
Skating rinks
Swimming pools
Tennis courts
A-5 Assembly uses intended for participation in or view-
ing outdoor activities including, but not limited to:
Amusement park structures
Bleachers
Grandstands
Stadiums
SECTION 304
BUSINESS GROUP B
304.1 Business Group B. Business Group B occupancy
includes, among others, the use of a building or structure, or a
portion thereof, for office, professional or service-type transac-
tions, including storage of records and accounts. Business occu~
pancies shall include, but not be limited to, the following:
Airport traffic control towers
Animal hospitals, kennels and pounds
Banks
Barber and beauty shops
Car wash
Civic administration
Clinic - outpatient
Dry cleaning and laundries; pick-up and delivery stations
and self-service
Educational occupancies above the 12th grade
Electronic data processing
Fire and police stations
Laboratories; testing and research
Motor vehicle showrooms
Post offices
Print shops
Professional services (architects, attorneys, dentists,
physicians, engineers, etc.)
Radio and television stations
Telephone exchanges
SECTION 305
EDUCATIONAL GROUP E
305.1 Educational Group E. Educational Group E occupan-
cy includes, among others, the use of a building or structure,
or a p0l1ion thereof, by six or more persons at anyone time
for educational purposes through the 12th grade.
305.2 Day care. The use of a building or structure, or portion
thereof, for educational, supervision or personal care services
for more than five children older than 2112 years of age, shall
be classified as a Group E occupancy.
2000 INTERNATIONAL BUILDING CODE@
FIRE PROTECTION SYSTEMS
4. The fire area contains a multi-theater complex.
903.2.1.2 Group A-2. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-2 occupancy where one of the following condi-
tions exists:
I. The fire area exceeds 5,000 square feet (465 m2).
2. The fire area has an occupant load of 300 or more.
3. The tire area is located on a floor other than the
level of exit discharge.
903.2.1.3 Group A-3. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-3 occupancy where one of the following condi-
tions exists:
1. The fire area exceeds 12,000 squarefeet (1115 m2).
2. The fire area has an occupant load of300 or more.
3. The fire area is located on a floor other than the
level of exit discharge.
Exception: Areas used exclusively as participant
sports areas where the main floor area is located at the
same level as the level of exit discharge of the main
entrance and exit.
903.2.1.4 Group A-4. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-4 occupancy where one of the following condi-
tions exists:
1. The fire area exceeds 12,000 squarefeet (1115 m2).
2. The fire area has an occupant load of300 or more.
3. The fire area is located on a floor other than the
level of exit discharge.
Exception: Areas used exclusively as participant
SpOlt areas where the main floor area is located at the
same level as the level of exit discharge of the main
entrance and exit.
903.2.1.5 Group A-5. An automatic sprinkler system
shall be provided in concession stands, retail areas, press
boxes, and other accessory use areas in excess of 1,000
square feet (93 m2).
903.2.2 Group E. An automatic sprinkler system shall be
provided throughout all Group E fire areas greater than
20,000 square feet (1858 m2) in area. An automatic sprinkler
system shall also be provided for every portion of educa-
tional buildings below the level of exit discharge.
Exception: Where each classroom has at least one exte-
rior exit door at ground level.
903.2.3 Group F-1. An automatic sprinkler system shall be
provided throughout all buildings where the fire area con-
taining a Group F-l occupancy exceeds 12,000 square feet
(1115 m2), or where more than three stories in height, or
where the combined fire area on all floors, including mezza-
nines, exceeds 24,000 square feet (2230 m2).
903.2.3.1 Woodworking operations. An automatic
sprinkler system shall be provided throughout all Group
F-l occupancy fire areas that contain woodworking oper-
ations in excess of 2,500 square feet in area (232 m2)
2000 INTERNATIONAL FIRE CODE@
903.2.1.2 - 903.2.7
which generate finely divided combustible waste or
which use finely divided combustible materials.
903.2.4 Group H. Automatic sprinkler systems shall be
provided in high-hazard occupancies as required in Sections
903.2.4. I through 903.2.4.3.
903.2.4.1 General. An automatic sprinkler system shall
be installed in Group H occupancies.
903.2.4.2 Group H-5 occupancies. An automatic sprin-
kler system shall be installed throughout buildings con-
taining Group H-5 occupancies. The design of the
sprinkler system shall not be less than that required under
the International Building Code for the occupancy haz-
ard classifications in accordance with Table 903.2.4.2.
Where the design area of the sprinkler system consists
of a corridor protected by one row of sprinklers, the maxi-
mum number of sprinklers required to be calculated is 13.
TABLE 903.2.4.2
GROUP H-5 SPRINKLER DESIGN CRITERIA
OCCUPANCY HAZARD
LOCATION CLASSIFICATION
Fabrication areas Ordinary Hazard Group 2
Service corridors Ordinary Hazard Group 2
Storage rooms without dispensing Ordinary Hazard Group 2
Storage rooms with dispensing Extra Hazard Group 2
Corridors Ordinary Hazard Group 2
903.2.4.3 Pyroxylin plastics. An automatic sprinkler
system shall be provided in buildings, or portions
thereof, where cellulose nitrate film or pyroxylin plastics
are manufactured, stored or handled in quantities ex-
ceeding 100 pounds (45 kg).
903.2.5 Group I. An automatic sprinkler system shall be
provided throughout buildings with a Group I fire area.
Exception: An automatic sprinkler system installed in
accordance with Section 903.3.1.2 or 903.3.1.3 shall be
allowed in Group I-I facilities.
903.2.6 Group M. An automatic sprinkler system shall be
provided throughout buildings where the fire area contain-
ing a Group M occupancy exceeds 12,000 square feet (IllS
m2), or where more than three stories in height, or where the
combined fire area on all floors, including any nfezzanines,
exceeds 24,000 square feet (2230 m2).
903.2.6.1 High-piled storage. An automatic sprinkler
system shall be provided as required in Chapter 24 in all
buildings of Group M where storage of merchandise is in
high-piled or rack storage arrays.
903.2.7 Group R-1. An automatic sprinkler system shall be
provided throughout buildings with a Group R-1 fire area.
Exceptions:
1. Where guestrooms are not more than three stories
above the lowest level of exit discharge and each
guestroom has at least one door leading directly to
65
903 - 903.2.1.2
Manual wet. A wet standpipe system connected to a
water supply for the purpose of maintaining water within
the system but does not have a water supply capable of
delivering the system demand attached to the system.
Manual-wet standpipe systems require water from a fire
department pumper (or the like) to be pumped into the
system in order to supply the system demand.
Semiautomatic dry. A dry standpipe system that is
an-anged through the use of a device, such as a deluge
valve, to admit water into the system piping upon activa-
tion of a remote control device located at a hose connec-
tion. A remote control activation device shall be provided
at each hose connection. The water supply for a semiauto-
matic dry standpipe system shall be capable of supplying
the system demand.
[F] SUPERVISING STATION. A facility that receives sig-
nals and at which personnel are in attendance at all times to
respond to these signals.
[F] SUPERVISORY SERVICE. The service required to
monitor performance of guard tours and the operative condi-
tion of fixed suppression systems or other systems for the
protection of life and property.
[F] SUPERVISORY SIGNAL. A signal indicating the need
of action in connection with the supervision of guard tours,
the fire suppression systems or equipment, or the mainte-
nance features of related systems.
[F] SUPERVISORY SIGNAL-INITIATING DEVICE.
An initiation device, such as a valve supervisory switch,
water level indicator, or low-air pressure switch on a dry-pipe
sprinkler system, whose change of state signals an off-normal
condition and its restoration to normal of a fire protection or
life safety system, or a need for action in connection with
guard tours, fire suppression systems or equipment, or main-
tenance features of related systems.
[F] TIRES, BULK STORAGE OF. Storage of tires where the
area available for storage exceeds 20,000 cubic feet (566 m3).
[F] TROUBLE SIGNAL. A signal initiated by the fire alarm
system or device indicative of a fault in a monitored circuit
or component.
[F] VISIBLE ALARM NOTIFICATION APPLIANCE. A
notification appliance that alerts by the sense of sight.
[F] WET-CHEMICAL EXTINGUISHING SYSTEM. A
solution of water and potassium-carbon ate-based chemical,
potassium-acetate-based chemical or a combination thereof,
forming an extinguishing agent.
[F] WIRELESS PROTECTION SYSTEM. A system or a
part of a system that can transmit and receive signals without
the aid of wire.
180
FIRE PROTECTION SYSTEMS
[F] ZONE. A defined area within the protected premises. A
zone can define an area from which a signal can be received,
an area to which a signal can be sent. or an area in which a
form of control can be executed.
[F] SECTION 903
AUTOMATIC SPRINKLER SYSTEMS
903.1 General. Automatic sprinkler systems shall comply
with this section.
903.1.1 Alternative protection. Altemative automatic
fire-extinguishing systems complying with Section 904
shall be permitted in lieu of automatic sprinkler protection
where recognized by the applicable standard and
approved by the building official.
903.1.2 Residential systems. Unless specifically allowed
by this code, residential sprinkler systems installed in
accordance with NFPA 13D or NFPA l3R shall not be rec-
ognized for the purposes of exceptions or reductions per-
mitted by other requirements of this code.
903.2 Where required. Approved automatic sprinkler sys-
tems in new buildings and structures shall be provided in the
locations described in this section.
903.2.1 Group A. An automatic sprinkler system shall be
provided throughout buildings and portions thereof used
as Group A occupancies as provided in this section. The
automatic sprinkler system shall be provided throughout
the floor area where the Group A occupancy is located,
and in all floors between the Group A occupancy and the
level of exit discharge.
903.2.1.1 Group A-I. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-I occupancy where one of the following con-
ditions exists:
1. The fire area exceeds 12,000 square feet (1115
m2).
2. The fire area has an occupant load of 300 or
more.
3. The fire area is located on a floor other than the
level of exit discharge.
4. The fire area contains a multi-theater complex.
903.2.1.2 Group A-2. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-2 occupancy where one of the following con-
ditions exists:
1. The fire area exceeds 5,000 square feet (465 m2).
2. The fire area has an occupant load of 300 or
more.
2000 INTERNATIONAL BUILDING CODE@
FIRE PROTECTION SYSTEMS
3. The fire area is located on a floor other than the
level of exit discharge.
903.2.1.3 GroupA-3. An automatic sprinkler system
shall be provided throughout a fire area containing a
Group A-3 occupancy where one of the following con-
ditions exists:
I. The fire area exceeds 12,000 square feet (1115
m2).
2. The fire area has an occupant load of 300 or
more.
3. The fire a;'eais located on a floor other than the
level of exit discharge.
Exception: Areas used exclusively as partIcIpant
sports areas where the main 1100r area is located at the
sanle,.levelastheJeyel of exit discharge of the main
entrance"andexit.
, .
903:2.1.4 Group A .4; An auto maticsprin klersy stem
shall be provided throughout a. tire, area containing a
Group A-40ccllpancy where one of the following con-
ditions exists:
12,000 square feet (IllS
903.2.2 GroupKAn automatic sprinkler system shall be
providedthrollghout all Qroup Efire . areas greater than
20,000squarefeet (1858 m2) in area. An automatic sprine
kler system shall.,llsobe provided for every portion of
educational buildings belo\\'.the level of exit discharge.
903.2.1.3- 903.2.6
or where the combined fire area on all floors, including
mezzanines, exceeds 24,000 square feet (2230 [112).
903.2.3.1 Woodworking operations. An automatic
sprinkler system shall be provided throughout all Group
Fe I occupancy fire areas that contain woodworking
operations in excess, of 2,500 square feet (232 m2)in
area which generate finely divided combustible waste
or which use tinelydivided combustible materials.
903.2.4 Group H.Automaticsprinkler' systems shall' be
provided in high-hazard occupancies asreqlliredin
Sections 903.2.4.lthrough903.2A.3.
903.2.4:1 GeneraL An automatic sprinkler system
shall be installed in GroupH occupancies.
903.2.4.2 Group H-S; All automatic spriilklersystem
shall be. installedlhroughoutbui ldingscontain.i ng <,
GroppH-5 ."occupancies.'The, designoftI1esprinkler
systems hall riolbelessthanthat required by this code
"for the bccupancyhazardc1assifications'in",accord,mce
with Table9Q3.2.4.2.
Where the design area. of the sprinkler system con-
sists()facorridor protected by one rowofsprinklers, ,
the maximum' number of sprinklers required to be. ca.l-
culatedis 13.
903~2.4.3PyroxyIinplastics. ,An automatic sprinkler
system shall be provided in buildings, or portions
thereof, where cellulose nitrate film orpyroxylinplas-
tics are manufactured; stored or handled in quantities
exceeding ,100. pounds. (45 kg).
903.2;5 GroupI.Anal\tomatic sprinkler .system..shaltbe
providedthrbughout bu ildings' witlla GroLlpI fireClrea..
Exception.: An automatic 'slirinklersYstelninstalle~li n
accordancewithSection 903.3.1.20rSeCtion 903.3.1.3
shall be allowedinGroupI~ I facilities.
. - - .
,- - " , - - .
. - - , - - -
903.2.6 GroupM.An autbmaticsprinklersystem shallbe
providedthrojlghout buildings where the fire area ,cone