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HomeMy WebLinkAbout2005 [08] Aug 18 {Book 35} Administrator Judy Weyrens Mayor Richard Carlbom Councilors AI Rassier Ross Rieke Renee Symanietz Dale Wick www.cityofstjoseph.com CITY OF ST. JOSEPH St. Joseph City Council August 18, 2005 7:00 PM 1. 2. 3. Call to Order Approve Agenda Consent Agenda a. Bills Payable - Requested Action: Approve check numbers 036071-036138 b. Minutes - Requested Action: Approve the minutes of July 7 and July 21, 2005 c. Capital Purchase - Requested Action: Authorize the expenditure of $2,620 from Heartland Door Sales to replace the overhead doors at the old maintenance facility. d. FSA Amendment - Requested Action: Authorize the Administrator to execute the FSA Amendment to not include the IRS Notice 2005-42. e. Development Agreement - Requested Action: Authorize the Mayor and Administrator to execute a Development Agreement between Secured Earnings and Warranty LLC and the City of St. Joseph to construct a 17,034 square foot production facility. 4. Public Comments 5. 6. 7. 7:05 PM 7:15 PM Public Hearing - Liberty Pointe, Drainage Easement Release KDV - Audit 2004 - Jennifer Thienes City Engineer Reports a. 2006 Trunk Watermain Improvements b. Other Matters Mayor Reports Council Reports Administrator Reports a. Field Street Study - Additional work items 8. 9. 10. 2.r College Avenue North. PO Box 668 . Saint. Joseph, Minnesota r6,74 Phone ,2.0.,6,.]2.01 Fax ,2.0.,6,.0,42. City of St. Joseph 08/15/05 2:09 PM Page 1 Bills Payable - Revised Check Nbr Search Name Comments Amount FUND DEPART OBJ 036071 STEARNS COUNTY ENVIROMENTAL SE shoreland alteratio $300.00 434 49440 530 036072 STEARNS COUNTY ENVIROMENTAL SE Construction site p $150.00434 49440 530 036073 CAREER TRACK Access training $349.00 101 41430 331 036074 AOI ELECTRICAL, INC Air Bag Switch $184.00 101 42152 220 036075 ACCLAIM BENEFITS administration $14.81 601 49440 137 036075 ACCLAIM BENEFITS administration $22.22 101 41430 137 036075 ACCLAIM BENEFITS administration $11.11 101 41530 137 036075 ACCLAIM BENEFITS administration $11.11 101 45202 137 036075 ACCLAIM BENEFITS administration $3.70 602 49490 137 036075 ACCLAIM BENEFITS administration $3.70 603 43230 137 036075 ACCLAIM BENEFITS administration $33.35 101 42120 137 036076 ACCLAIM BENEFITS-REIMB Reimbursement M $651.79101 036077 ACS FIREHOUSE SOLUTIONS Firehouse software $602.74 105 42210 215 036078 AFSCME COUNCIL 65 dues-August $295.20 101 036079 ALL CARE TOWING tow Monte Carlo-re $34.08 101 42120 220 036079 ALL CARE TOWING tow Ford Taurus $34.08 101 42120 220 036079 ALL CARE TOWING tow Olds Acheiva $34.08 101 42120 220 036080 AUTO VALUE PARTS STORES - WEST door striker $4.96 101 43120 220 036080 AUTO VALUE PARTS STORES - WEST door striker $4.96 101 45202 220 036080 AUTO VALUE PARTS STORES - WEST door striker $4.96 601 49440 220 036081 BOB KROLL SIGNS & ENGRAVING 39 velcro ids $29.25 105 42210 200 036082 BRANNAN LOCKSMITH keys $31.95 101 42120 210 036082 BRANNAN LOCKSMITH keys for food shelf $30.89 101 41942 220 036083 CAMERA TRADER photo processing $30.38 101 42120 210 036084 CENTRACARE CLlNC physicals for Crue, $1,197.00 105 42210 305 036085 CENTRAL MOTORCAR SPECIALISTS repair '88 & '89 plo $1,417.71 101 43125 220 036085 CENTRAL MOTORCAR SPECIALISTS repair '88 & '9 plow $1,417.71 101 43120 220 036085 CENTRAL MOTORCAR SPECIALISTS 2003 Ford Crown p $733.30 101 42152 220 036086 CHADER BUSINESS EQUIPMENT copier maintenanc $275.84 105 42210 220 036086 CHADER BUSINESS EQUIPMENT Konica Copier $852.00 105 42220 580 036087 CITY OF ST. CLOUD sewer rental charg $12,598.38 602 49480 419 036088 COALITION OF GREATER MN CITIES Summer Conferen $195.00 101 41110 331 036089 COLD SPRING VETERINARY CLINIC kennel fees $140.00 101 42700 300 036090 CRABTREE COMPANIES, INC. Laserfiche softwar $1,610.67101 41430 215 036091 CUSTOM SURFACING CO. blacktop trail conne $1,375.00 490 45203 531 036092 ELECTION SYSTEMS & SOFTWARE Service contract 10 $945.00 101 41410 300 036093 FLEXIBLE PIPE TOOL COMPANY inflation rope/gaug $247.52 602 49450 220 036094 GENE LANGE EXCAVATING repair at Baker & 9t $1,391.64 651 49900 220 036095 GRAINGER marker paint, respir $89.00 602 49480 220 036095 GRAINGER thermostat covers $42.78 101 41942 220 036096 GRANITE ELECTRONICS 3 - Firecom Heads $1,357.88 105 42250 580 036097 HARD RIVES Class 5 for alleys $364.92 101 43120 210 036098 HAWKINS WATER TREATMENT GROUP Hydrofluosilicic Aci $308.08 601 49420 210 036098 HAWKINS WATER TREATMENT GROUP T -Phosphorus $40.20 602 49480 312 036098 HAWKINS WATER TREATMENT GROUP T-Influent BOD $91.20 602 49480 312 036099 HENRYS WATERWORKS INC remote read mtrs, $2,549.46 601 49430 210 036100 INSPECTRON INC building inspection $9,200.00 101 42401 300 036101 JM GRAYSTONE OIL CO., INC fuel charges-July $240.94 602 49490 210 036101 JM GRAYSTONE OIL CO., INC fuel charges-July $240.94 601 49440 210 036101 JM GRAYSTONE OIL CO., INC ups charges $33.73 602 49490 322 036101 JM GRAYSTONE OIL CO., INC fuel charges-July $240.95 101 43120 210 036101 JM GRAYSTONE OIL CO., INC fuel charges-July $214.45 105 42220 210 036102 KEEPRS, INC/CY'S UNIFORMS freeze +p taser for $12.73 101 42120 210 036103 KINKO'S plan reprints $409.24 601 49440 200 036103 KINKO'S plan reprints $409,24 602 49490 200 036104 KLN DISTRIBUTING, INC network support $393.80 101 41530 215 036105 LAW ENFORCEMENT LABOR SERVICES dues-August $222.00 101 036106 LEE'S ACE HARDWARE maint supplies $11.50105 42210 220 036106 LEE'S ACE HARDWARE maint supplies $13.41 101 41942 220 036106 LEE'S ACE HARDWARE maint supplies $76.06 601 49440 220 036106 LEE'S ACE HARDWARE maint supplies $28.93 101 45201 220 036106 LEE'S ACE HARDWARE maint suplies $8.69 101 41941 220 City of St. Joseph 08/15/05 2:09 PM Page 2 Bills Payable - Revised Check Nbr Search Name Comments Amount FUND DEPART OBJ 036106 LEE'S ACE HARDWARE malnt supplies $33.71 101 42120 220 036106 LEE'S ACE HARDWARE malnt supplies $107.99 101 43120 220 036106 LEE'S ACE HARDWARE maint supplies $74.53 602 49450 220 036106 LEE'S ACE HARDWARE maint supplies $165.42 101 45202 220 036107 LEEF BROS c1othing-july $139.19601 49440 171 036107 LEEF BROS floor mats-july $113.28101 41430 .220 036107 LEEF BROS clothing-july $139.18602 49490 171 036107 LEEF BROS floor mats-july $46.46 101 42120 220 036108 L1NGL, GREG & JULIE cleaning service, J $280.00 101 41942 300 036109 LOSO, NATHAN July 2-Council Mtg $180.00 101 41950 103 036110 MACQUEEN EQUIPMENT dirt shoes, runners, $157.58 101 43220 210 03611 f MAIER TYPEWRITER SERVICE HP toner $60.65 101 41430 200 036111 MAIER TYPEWRITER SERVICE toner $62.79 101 41430 200 036112 MCFOA 2005 Dues-L Valia $35.00 101 41430 433 036113 MENARDS shelving & tape $39.28 601 49440 200 036114 METRO PLUMBING & HEATING Schnieder fleld-Lav $65.00 101 45202 220 036115 MINNESOTA ELEVATOR, INC service-August $77.17 101 41942 220 036116 MN COUNTY ATTORNEY'S ASSOC DUI Vehicle Admin $26.63 101 42120 200 036117 MN STATE FIRE DEPT ASSOCATION Membership Dues $180.00 105 42240 433 036118 MOTOROLA 14 - Portable 800m $26,433.20 105 42250 580 036119 OFFICE MAX office supplies-ma $56.26 602 49490 200 036119 OFFICE MAX office supplies-ma $56.26 601 49440 200 036119 OFFICE MAX office supplies $56.27 101 43120 200 036119 OFFICE MAX office supplies $56.27 101 41530 200 036120 OFFICIAL STRIPES painting crosswalk $3,500.00 101 43120 220 036121 ONE CALL CONCEPTS, INC notification- $121.87601 49440 319 036121 ONE CALL CONCEPTS, INC notification- $121.88 602 49490 319 036122 RAJKOWSKI HANSMEIER LTD Meetings $176.00 101 41610 304 036122 RAJKOWSKI HANSMEIER L TD Pondvlew Ridge D $50.00 101 41610 304 036122 RAJKOWSKI HANS MEIER L TD Graceview Deleop $20.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Mutal Aid $77.00 101 42120 304 036122 RAJKOWSKI HANSMEIER LTD Utilities/Easements $761.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Morningside $30.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Arcon Developmen $223.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Lumber One $22.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Berth $20.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD '89 Olds Regency- $80.00 101 42120 304 036122 RAJKOWSKI HANSMEIER LTD '95 Chev Truck-Luc $56.50 101 42120 304 036122 RAJKOWSKI HANSMEIER LTD Jacobson $22.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Watering Ban $80.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD School $1,278.50 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Hillside $11.00101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Glatzel Properites $720.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Criminal matters $2,118.00 101 42120 304 036122 RAJKOWSKI HANSMEIER L TD Meadowvale $66.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Cable Agreement $80.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Well-Land purchas $38.50 434 49440 530 036122 RAJKOWSKI HANSMEIER L TD Noise/eviction $11.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Verizon $160.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD SEH interviews $11.00 101 41610 304 036122 RAJKOWSKI HANSMEIER LTD Riverbats $22.00 101 41610 304 036123 RANDY JOHNSEN SIGNS truck lettering units $160.00 101 43120 220 036124 REED CONSTRUCTION DATA Northland Heights $206.04 435 49450 530 036125 RENGEL PRINTING Millstream Campin $112.25 101 42120 200 036126 RUDOLPH'S INC oil filters, 2 sets of $155.76 101 45202 210 036127 ST. CLOUD TIMES Northland Heights $305.20 435 49450 530 036127 ST. CLOUD TIMES Field Street Corrid $255.06 435 43120 530 036128 ST. JOE TOUCHLESS CAR WASH carwash $10.66 101 42152 210 036129 ST. JOSEPH NEWSLEADER Liberty Pointe II $30.00 428 43124 530 036129 ST. JOSEPH NEWSLEADER annual disclosure $72.00 156 46500 340 036129 ST. JOSEPH NEWS LEADER annual discolsure $72.00 155 46500 340 036130 STREICHER'S practice ammunitio $394.05 101 42140 210 City of St. Joseph 08/15/05 2:09 PM Page 3 Bills Payable - Revised Check Nbr Search Name Comments Amount FUND DEPART OBJ 036131 TDS METROCOM telephone $89.86 105 42250 321 036131 TDS METROCOM telephone $46.64 602 49473 321 036131 TDS METROCOM telephone $46.64 602 49472 321 036131 TDS METRO COM telephone $44.64 602 49471 321 036131 TDS METROCOM telephone $91.56 602 49470 321 036131 TDS METROCOM telephone $30.85 150 46500 321 036131 TDS METROCOM telephone $86.46 602 49490 321 036131 TDS METROCOM telephone $178.49 101 45201 321 036131 TDS METROCOM telephone $268.64 101 42151 321 036131 TDS METROCOM telephone $44.64 101 41946 321 036131 TDS METROCOM telephone $211.84 101 41430 321 036131 TDS METROCOM telephone $51.28 601 49440 321 036131 TDS METROCOM telephone $44.64 101 41941 321 036132 TRAUT WELLS repair damaged sp $91.48 101 45123 220 036132 TRAUT WELLS Water samples-Sc $35.00 601 49420 312 036133 UNUM LIFE INSURANCE disability insurance $436.24 101 036134 US CABLE internet service-au $46.55 105 42250 321 036135 VERIZON WIRELESS cell phone $149.96 101 42151 321 036135 VERIZON WIRELESS cell phone $15.21 601 49440 321 036135 VERIZON WIRELESS cell phone $15.21 602 49490 321 036135 VERIZON WIRELESS cell phone $18.44 101 41430 321 036135 VERIZON WIRELESS cell phone $15.21 101 43120 321 036136 WRM SERVICES INC Wetland Delineatio $1,200.00 501 49470 530 036137 XCEL ENERGY July usage $17.48 101 45123 383 036137 XCEL ENERGY Juy usage $1,637.03 101 41941 381 036137 XCEL ENERGY July usage $39.17 101 41941 383 036137 XCEL ENERGY July usage $17.48 101 41942 383 036137 XCEL ENERGY July usage $29.82 101 45201 381 036137 XCEL ENERGY July usage $20.93 101 41946 381 036137 XCEL ENERGY July usage $44.72 101 43120 381 036137 XCEL ENERGY July usage $25.11 101 45201 381 036137 XCEL ENERGY July usage $22.80 101 42610 386 036137 XCEL ENERGY July usage $27.49 101 43120 361 036137 XCEL ENERGY July usage $18.33 101 45201 383 036137 XCEL ENERGY July usage $9.29 101 45123 381 036137 XCEL ENERGY July usage $858.58 101 41942 381 036137 XCEL ENERGY July usage $201.81 101 45202 381 036137 XCEL ENERGY July usage $1,962.48 101 43160 386 036137 XCEL ENERGY July usage $13.05 601 49420 383 036137 XCEL ENERGY July usage $1,116.76601 49410 381 036137 XCEL ENERGY July usage $40.43 601 49410 383 036137 XCEL ENERGY July usage $18.40 602 49480 383 036137 XCEL ENERGY July usage $86.75 602 49470 381 036137 XCEL ENERGY July usage $15.62 602 49471 383 036137 XCEL ENERGY July usage $3.08 101 42500 326 036137 XCEL ENERGY July usage $138.15601 49435 381 036137 XCEL ENERGY July usage $301.44 602 49480 381 036138 ZEP MANUFACTURING hand soaps, paper $85.64 101 45202 210 036138 ZEP MANUFACTURING hand soaps, paper $85.64 101 43120 210 036138 ZEP MANUFACTURING hand soaps, paper $85.64 101 45201 210 $94,344.21 Draft July 7, 2005 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of 8t. Joseph met in special session on Thursday, July 7,2005 at 7:00 PM in the 8t. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee 8ymanietz. City Administrator Judy Weyrens. City Reoresentatives Present: City Engineers Tracy Ekola, Jeff Ledin, Todd LaVold, Tom Wesolowski, Public Works Director Dick Taufen Others Present: Tom Gustafson, Herman Gangl, Chad Carlson Approve Aoenda: Rassier made a motion to approve the agenda with the following changes: Add 9 Add 10e Add 10f Add 10g Public Works Director Reports Police Department Request Affordable Housing - Lifecycle Housing Recommendations Special Meeting The motion was seconded by Symanietz and passed unanimously. Consent Aoenda: Rassier made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 035904-035957 b. Minutes - Approve the Council Minutes June 1, 2005 c. Application for Payment - Authorize the Mayor to execute Pay Application #2 for the 2005 Cloverdale Improvements and authorize payment to Larson Excavating in the amount of $170,172.49. d. Application for Payment - Authorize the Mayor to execute Pay Application #2 for the 2005 Hill Street Improvement and authorize payment to RL Larson in the amount of $140,899.01. e. Mutual Aid Agreement - Authorize the Mayor and Administrator to execute the revised mutual aid agreement for Law Enforcement. f. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the 2004 Callaway Street Improvements and authorize payment to Larson Excavating in the amount of $16,884.45. g. Assessor Appointment - Appoint Ollie Lesnick as Assessor for the assessment year 2006. h. Certificate of Completion - Authorize the Certificate of Completion for Lot 1 Block 2 Indian Hills Park Plat. The motion was seconded by Rieke and passed unanimously. Public Comments Herman GanClI. 3161h Avenue SE, approached the Council with some questions about the Cloverdale Project. 1. Did the Fire Marshall approve the close proximity of the homes in Graceview Estates? Weyrens stated that the revised PUD for Graceview has been reviewed by the Fire Chief. Further, the preliminary plat for Graceview Estates was approved before the City changed the sideyard setback. In addition, development as a PUD affords the developer relaxed setbacks if approved with the preliminary plat. 2. After discussing this with individuals in other cities, Gangl questioned whether or not the City has an Assessment Policy? Draft July 7, 2005 Page 2 of 6 Weyrens stated that the City passed a resolution approving the methodology for assessments. According to the City Attomey, that serves as the City's Assessment Policy. 3. Gangl also questioned the timetable for the balance of the street improvements and when driveways would be replaced. Ekola stated that they plan to pave the driveways at the end of next week. The contractor has indicated that they will provide a one to two day notice before they begin. Tom Gustafson. 3061h Avenue SE approached the Council and requested clarification on three issues: placement of the new road; WAC/SAC Fees; additional curb cut. First, Gustafson stated that he would like the additional curb cut so that it would be easier to get his camper in and out of his driveway. Based on the current Ordinance he is limited to one curb cut 24' in width. Gustafson stated that he understands the Ordinance and he will not pursue that at this meeting. The second concern is the WAC/SAC fee. Gustafson stated that he is aware of the fact that the developer of Graceview Estates was able to pre-pay the WAC/SAC fees, avoiding the increase. Gustafson stated that in his opinion the 18 people in the Cloverdale Area should be able to pay the previous W AC/SAC charges as well. Carlbom stated that the developer prepaid those fees before the rates were increased. Weyrens stated that when the fee was changed, people were given three months to respond to the rate increase. The City did not want to accept the reduced fee but the Ordinance at the time did not prohibit prepayment. The developer was only allowed to pay for lots that were already platted. Gustafson's property was not annexed until late 2004, which was after the rate increase. Gustafson also expressed concern with his assessment. He stated that he was told the assessment would be roughly $10-12,000. Now, they are being assessed $25,000. Rassier stated that the City initiated the annexation and improvement as the the area know as Cloverdale was surrounded by City. The project costs were not determined until after the feasibility report was completed and that is the number the City has been using. The third concern of Gustafson was the width of ih Avenue. Ekola ih Avenue was constructed at a width of 32' for cost containment purposes. This width also allowed the street to be matched at East Baker Street. Gustafson questioned whether or not they would be able to park on the street along ih Avenue SE. Carlbom stated that they can park on the street north of Baker, so they should be able to park on the street south of Baker as well. CITY ENGINEER REPORTS Seal CoatinQ Bids: Ekola stated that the City previously accepted bids for the 2005 Seal Coat Improvements. According to Ekola, two bids were received: one from Allied Blacktop and another from Astech Corporation. Both submitted a base bid (crushed granite aggregate) and an alternate bid (pea rock). Ekola recommended that the City award the bid to Allied Blacktop, as they were lower for both bids. When asked which option would last longer. Ekola stated that crushed granite lasts longer, whereas, pea rock depends on the amount of traffic. The bids also included striping, however, Taufen was seeking bids for other striping projects in town, which may be less expensive. Rieke made a motion to award the 2005 Seal Coat Improvement to Allied Blacktop at a cost not to exceed $27,000. The motion was seconded by Rassier and passed unanimously. Northland HeiQhts - Request to Advertise for Bids: Ekola reported that SEH has finished the design for Northland Heights and is requesting authorization to seek bids for the improvements. It is anticipated that bids will be due on August 2, for Council consideration on August 4, 2005. The plans require utlites to be completed by November 15, 2005 and the streets completed by June 15, 2006. Draft July 7, 2005 Page 3 of 6 Rassier made a motion authorizing the Mayor and Administrator to execute Resolution 2005-16 approving plans and specifications and ordering advertisement for bids for Northland Heights. The motion was seconded by Rieke. Discussion: Rassier clarified that this would only include the 1 sl phase of the development. The motion passed unanimously. Proiect Update - Cloverdale: Ekola updated the Council on the status of the Cloverdale Project. She stated that the pavement has been installed and the contractor has indicated that they may begin restoring driveways and boulevards next week. A small portion of the project located at the south end of the project will not be completed as planned due to the need to lower the gas main. This portion of the project will be completed with the Graceview 3 improvements. Ekola stated that the grading for Graceview 3 is in progress. Carlbom questioned whether or not there would be any disruption of service during the lowering of the gas main. Ekola stated that she has not been notified of any disruption of service. Proiect Update - Hill Street: Ekola reported that they are currently working on the sub grade corrections. They will then take out the driveways and put in the new culverts. She stated that they should be putting gravel down within the next two weeks and then paving in late July or early August. Carlbom stated that one of the major culverts that will need to be fixed is the Grise property. At this time, Ekola was unsure whether or not that culvert had been installed. Water Filtration Plant Update: Jeff Ledin, SEH, approached the Councilors to provide an update on the Water Filtration Project. Ledin stated that at this time they are finished with 30% of the design. The plans have been modified to include the comments from the meeting held on June 1, 2005. The proposed changes include the following: LOWER LEVEL . They have created a sweeping element to the back side of the building, enclosing the generator room. . More doors have been added throughout. MAIN (MID) LEVEL . A stairway was added, as an exit was needed from the Mezzanine Level. . Cabinets were added to the meeting room. . A storage room was added off of the meeting room. SITE . Part of the driveway has been eliminated leaving only one entrance. . A circle driveway has been created in front of the facility, which they feel would have better curb appeal. . Employee parking/overflow parking in the back of the building. . Small fence around the building. Carlbom questioned whether or not a circle driveway is practical and whether or not more parking spots can be added. Ledin replied that there is room for a few more parking spaces for future expansion. With the employee parking on the back of the building, there was some concern as to whether or not chemical trucks could still get in to unload. The design team replied that it is rare that a semi truck would be delivering to the facility, so it should not be a problem. In response to whether or not there is room to add on if necessary, Lavold stated that there is plenty of room for additional backwash tanks, filters, etc. Draft July 7, 2005 Page 4 of 6 Lavold also stated that the outside would consist of two colors of brick with a granite base. The center of the circle drive as well as around the front of the buildings will be landscaped. Originally, they were only asked to put curb and gutter in front; however, now they are being asked to put curb along the entire driveway. Ekola stated that this area will eventually be annexed into the City and the City Ordinance requires that all business have curb and gutter. They are trying to match what is required by Ordinance as well as improve visibility and not detract from new business development in the area. Rassier questioned whether or not they had a rough idea about how the changes would affect the costs for the facility. Ledin provided the Councilors with a handout showing the changes in the costs associated with the proposed changes. Following are some of the impacts of the design changes: . Increase in masonry . Increase in wall thickness . Enclosing the generator . Extra parking spaces . Creating a more urban look rather than rural look. . Storm sewer . Extra fill . Adding cabinets and training equipment to the conference room. Ledin stated that they have been planning for a 2 MGD plant, however they are bringing costs along for a 1.5 MGD as an alternative. Originally, the City budgeted for $5,039,100. With the proposed changes, however the construction costs are $5,283,300. Wick expressed concern with the escalating costs and reminded those present that the facility being designed is not a City Hall or Library. Wick also stated that he is not comfortable with the driveway, curb and gutter, extra parking, etc. Ledin stated that the remaining design process should not increase dramatically the construction cost of the plant. MAYOR REPORTS St. Cloud Area Economic Partnership: Carlbom stated that he attended the meeting for the St. Cloud Area Economic Partnership. The City recently joined the partnership with a membership fee of $7,500. They are now trying to recruit businesses other than government and have been discussing the possibility of an associate membership, which would allow others to join the Partnership at a lower cost; however they would not be allowed to vote. He also stated that the St. Cloud Chamber of Commerce would withdraw part of their members if this happens. Fire Board Meetino: Mayor Carlbom reported that the Fire Department ordered 14 portable 800 MgHz radios as well as 3 headsets. The Fire Department has received a grant in the amount of $28,000, which covers 100% of the costs. The Fire Department has applied for a FEMA Grant to purchase a personnel carrier for transporting Firefighters to training and fire scenes. Carlbom also reported that the Fire Department is recommending the appointment of the following four applicants to fill the current vacancies. The four candidates are Jarrett Crue, Bradley Randall, David Salzer, and Dan Muyres. If approved the applicants will begin July 12, 2005. The Fire Department is also requesting to retain the remaining two candidates that passed the tests on an eligibility list. It is anticipated that the City will have two more openings for firefighter within the next 6 months. Wick made a motion to accept the recommendation of the Fire Board and hire the four candidates as presented to be Pay Per Response Firefighters. The motion was seconded by Symanietz and passed unanimously. School Committee Meetino: Carlbom mentioned that the School Committee will be meeting again on Thursday, July 14 and July 28. They are still working on both their short and long term goals. Carib om Draft July 7,2005 Page 5 of 6 stated that he insisted on getting a K-8 school in St. Joseph as part of the mid-term plan, which is 3-5 years in the future. A K-6 school is in the short-term plan at this time. He also stated that it is hard to discuss a High School in St. Joseph because of where we are located within the district. Expansion is very limited in St. Joseph due to the proximity of other schools in the area to the West and North. COUNCIL REPORTS RIEKE - No Report RASSIER - No Report WICK - No Report SYMANIETZ APO Meetinq:Symanietz reported that she attended the APO Meeting last Thursday. They had a presentation on the transportation system. PUBLIC WORKS DIRECTOR REPORTS Street Paintinq: Dick Taufen addressed the Council to discuss street paining. He stated that this is normally done once a year and consists of painting the curbs yellow, parking spots white as well as the crosswalks. Currently, the workload for the Maintenance crew is full and they are working on training all of the maintenance crew how to run the new sewer truck. According to Taufen, if the City were to paint the all of the curbs, crosswalks, stop, stop lines, and parking spaces, it would cost the City approximately $3,000 for the paint and thinner as well as the expenses to run the paint machine. This would also require two city employees to work 140-160 hours each. Taufen stated that there are roughly 44 crosswalks in the City. Taufen stated that received a bid from a contractor who stated that he could do the crosswalks for $2400 and have them completed by the end of July. Taufen stated that with budget cuts it has been difficult to complete all the necessary tasks. Wick stated that he did not remember a cut in the budget. Taufen stated that there was not a cut in the budget, but with the additional workload the budget did not increase to accommodate for the additional work. Taufen stated that the money would come from the street fund. Rieke made a motion to approve the expenditure to outsource the street painting as requested. The motion was seconded by Symanietz. The Council requested Taufen consider adding the City Hall parking lot, the parking lines along Minnesota Street and the seal coat area to the cost proposal. ADMINISTRATOR REPORTS Coalition Conference: Weyrens stated that the Coalition of Greater Minnesota Cities Conference will be held in Moorhead July 27-29 and questioned if any of the Councilors is interested in attending. Symanietz stated that she would be interested in attending the conference. Update-School Committee: Weyrens reported that Kevin Januszewski of District 742 had contacted her in regards to a potential site for the new school. The site is located adjacent to the Arcon Property almost abutting CR 121. The School District is working with the property owner, Ted Schmid. The School Committee is asking that the City contribute approximately $280,000 towards purchase of the property. The contribution is in the form of giving the developer a $2,000 credit towards the development fees (park or W AC/SAC) for 140 homes. The size of the site is 102 acres and after the school purchases the portion they need, approximately 28 acres will be remaining. In doing the math, Ted is looking at approximately 5 homes per acre. To accomplish this, the City would have to rezone the entire 28 acres as R4. Draft July 7, 2005 Page 6 of 6 When the City was working with District 742 and Farr Development, the City considered waiving the Park Dedication Fees as the City would receive something tangible in return. The City needed a park to serve the potential residential development and the school would provide such, including equipment and maintenance of the park. Weyrens stated that she had spoken with the City Attorney and Jovanovich advised Weyrens that the City cannot enter into any agreement that will guarantee zoning. Weyrens stated that she needs to know if the City is interested in contributing financially. Carlbom stated that when they build a school in St. Cloud, they do not ask the City for any contributions. Rieke stated that if the City is interested in contributing to the school the Council should find a mechanism to make it work. Sometimes the Council needs to make a decision based on quality of life and this may be one of those decisions. Rassier agreed with Rieke, however he stated that $2,OOO/lot is too much. He suggested that we continue to talk to the School District and the Property Owner. The Council agreed that Weyrens should continue talking to the School District and the Property Owner and bring this back for further consideration. Township Reauest - Seal Coatino: St. Joseph Township has notified the City that Jade Road is in need of seal coating and since half of the road is located within the City, they are requesting consideration for cost sharing. The same situation is true of 16th Avenue and this road is scheduled to be overlayed. It is anticipated that the City portion of seal coating will be approximately $4,000. The cost estimate has not been provided for 16th Avenue. Rieke made a motion to authorize the expenditure to cost share the seal coating for Jade Road and the overlay to 16th Avenue, based on the footage in the City limits. The motion was seconded by Wick and passed unanimously. Police Department Reauest: Police Chief Jansky is requesting authorization to purchase 10 - 800 Mhz radios at a total cost of $24,702. The City is part of a regional grant where the same funds will be reimbursed to the City. To utilize grant funding the City must first expend the funds. Wick made a motion to authorize the purchase of 10 - 800 mhz radios as requested; seconded by Rieke and passed unanimously. Affordable Housino: Weyrens stated that the Life Cycle Housing Board has requested that the area Cities participate in a housing study to help administer the housing needs of the area. St. Joseph has been requested to fund $ 600 of the study, which is estimated to cost $ 10,000. Wick made a motion to approve City participation in the affordable housing study at a cost of $600. The motion was seconded by Symanietz and passed unanimously. Special Meetino: Weyrens stated that the River Bats have requested a special meeting to meet jointly with the City Council and Planning Commission. The purpose of the meeting is to discuss the concept plan for the future stadium. The meeting has been scheduled for July 20, 2005 at the St. Joseph Community Fire Hall. The River Bats are hoping to finish the planning process in December with construction beginning spring of 2006. Adiourn: Wick made a motion to adjourn at 9:10; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator Draft July 21, 2005 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of S1. Joseph met in regular session on Thursday, July 21, 2005 at 6:45 PM in the S1. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Administrator Judy Weyrens. City Representatives Present: City Engineers Tracy Ekola, Joe Bettendorf Others Present: Steve Frank, Peter Lyle Approve Aoenda: Wick made a motion to approve the agenda as presented. The motion was seconded by Symanietz and passed unanimously. Consent Aoenda: Rassier made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 35958-36015 b. Minutes - Approve the Minutes May 19, June 2 and June 16, 2005 c. Remove for Discussion. d. Fire Department By Law Amendment - Accept the recommendation of the St. Joseph Volunteer Fire Department to amend the By Laws to require that continued membership on the Fire Department requires that Members respond to at least 20% of the calls annually. Members not meeting this requirement must appear before the Investigating Committee to determine continued membership. The motion was seconded by Rieke and passed unanimously. Public Comments: Steve Frank. 606 Birch Street NW, approached the commissioners to discuss the City Watering Ban. He stated that there are many residents, including himself, that are upset about the watering ban. He stated that he will be installing either a sand point well or having a well drilled on his property for use in the future. According to Frank, a considerable amount of money is spent on annuals, bushes, trees, etc. every year. After doing some research on this issue, he reported that S1. Joseph has the most restricted water policy in the State of Minnesota. After doing his research, he suggested that the City ban watering from 10AM - 5PM, as that is the time when most water is lost due to evaporation. Carlbom stated that he understands that residents are upset; however the City had an equipment malfunction. Weyrens updated everyone that the ban has been slightly lifted to allow residents to water on the odd/even cycle between the hours of 7PM and 1 OPM. These restricted times will remain in effect until it is clear that the system can meet the demand as well as provide enough water for emergency situations. Weyrens stated that this is a public safety issue and the City needs to provide adequate fire protection. Libertv Pointe - PUD Amendment and Final Plat: Weyrens reported that the Planning Commission conducted a public hearing to consider the amendment to the Liberty Pointe PUD. The amendment replaces the attached patio homes with detached patio homes. The density will remain the same as the original PUD. Peter Lyle, Vice President of Sales for Signature Homes stated that Signature Homes is requesting to change the plat based on market needs. Over the past year they have had a difficult time selling the twin homes and are therefore requesting to change the plat to detached homes. Wick questioned if the plans before them at this meeting reflect the requirement of the Planning Commission verifying that 10 (ten) feet will separate all buildings. Weyrens stated that the plans before the Council are the same plans submitted to the Planning Commission. However, the new plans have been received and the 10 (ten) foot setback has been included. Weyrens stated that the City Engineer Draft July 21, 2005 Page 2 of 5 has not reviewed the final grading plans and the outstanding financial obligations of Signature Homes will be resolved by July 22, 2005. Rassier made a motion to accept the recommendation of the Planning Commission and approve the PUD Amendment contingent upon the developer meeting the 10' setback between homes. The motion was seconded by Symanietz and passed. Ayes: Rassier, Symanietz, Wick, Carlbom Nays: None Abstain: Rieke Motion Carried 4:0:1 Wick made a motion acceptinp the recommendation of Planning Commission approving the final plat entitled Liberty Pointe 2" Addition and authorizing the same to be executed by the Mayor and Administrator. The motion was seconded by Rassier. Ayes: Wick, Rassier, Symanietz, Carlbom Nays: None. Abstain: Rieke Motion Carried 4:0:1 Affordable Housino: Rieke asked for clarification on the proposed LCHU Amendments. The St. Cloud Area Life Cycle Housing Committee and Board have proposed four amendments to the LCH Joint Powers Agreement. Weyrens stated that two of the proposed amendments were approved by the area Cities a year ago, however, a public hearing was not conducted. The amendments cannot be implemented without the hearing. The two that were previously approved by the City Council in 2003 are: 1. Allow gap loans to be repaid without interest upon sale of an LCHU. This is now a standard procedure for gap loans in Minnesota. 2. Change the annual reporting date by cities from February 15 to March 15. She also stated that the other two amendments have been proposed this year. 1 . Change from 80% of the area median income to 80% of the state median income, in line with all housing subsidy programs at the state level. 2. Alter the method of calculation for capital improvements for town homes and other attached units. Wick made a motion to approve the amendments and allow the execution of Resolution 2005-18 Amending the Joint Powers Agreement Establishing a Board of Directors to Organize and Govern a Community Based Effort to Provide Life Cycle Housing. The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS Chanoe Order Reauest - Hill Street Imorovement Proiect: Ekola approached the Councilors to discuss the Change Order for the Hill Street Project. She stated that R.L. Larson excavated approximately 700 tons of garbage from the western portion of Hill Street, near the top of the hill between 3rd Avenue and the cul-de-sac. Samples were taken and testing indicated that it did not contain asbestos, but it did contain rubber, insulation, foam and other miscellaneous garbage. The material was rejected at a demolition landfill and has to be hauled to a municipal solid waste landfill. According to Ekola, this was unforeseen and was not included in the bid price. The additional cost for the refuse removal is $18,900. Th is Change Order will exceed the 5% project contingency. In addition to hauling the garbage, additional costs have been incurred due to poor soils. Rieke questioned if the garbage was contained within the roadbed or if the surrounding area contains similar garbage. Ekola stated that they are not aware of additional buried garbage as they only excavated an area for the sewer installation and roadbed. When questioned if the Change Order will result in a completion delay, Ekola responded that the completion date will not change. Wick questioned if there is a way to determine when the garbage was buried or who was responsible. According to Ekola, Draft July 21 , 2005 Page 3 of 5 it is very unlikely that this garbage was put there after development and it would be extremely difficult to prove responsibility. Wick made a motion authorizing the Mayor to execute Change Order #1 for the removal and disposal of approximately 700 tons of garbage at a cost of $27/ton. The motion was seconded by Rassier and passed unanimously. Update - Filtration Plant: Ekola stated that previously the Design Team addressed the Councilors as to some changes in the design of the Filtration Plant. The floor plan that was discussed at the previous Council Meeting included a circular driveway and a curved wall for the generator room. The Council requested to see some cost comparisons for both the driveway and the wall for the generator room. Ekola explained the cost differences as follows: Front Parkin" Area Circular Driveway - preferred site plan Rectangular Driveway - original site plan Cost Difference Circular Driveway is more expensive. $32,500.00 $21,300.00 $11,200.00 Generator Room Curved Wall- as shown on floor plan Straight Wall - as discussed at Council Meeting Cost Difference Curved wall is more expensive. NOTE: Exterior enclosure not inside building $105,000.00 $93,000.00 $12.000.00 $40,000.00 Carlbom questioned why the generator should be inside the building. Ekola replied that although the exterior enclosure would serve as a sound barrier, it does not offer a lot of room for general maintenance. Also, having the generator inside the building would add more aesthetics to the site. This would also make the water filtration plant more conducive to future development. Rassier stated it is his opinion that the generator should be located within the building. With regard to the driveway, Rassier stated that since both parking plans include the same number of parking spaces he would prefer the rectangular driveway. Wick agreed with Rassier that the generator should be kept inside. Carlbom stated that he prefers that straight wall for the generator and the rectangular driveway. Rieke made a motion to move forward with the rounded generator wall and rectangular driveway. The motion was seconded by Rassier and passed unanimously. Update - Land Purchase: Bettendorf reported that a purchase agreement has been prepared for the purchase of the Glatzel Property and the same has been forwarded to the property owners. Bettendorf stated that they are hoping to have the purchase agreement finalized in early August. MAYOR REPORTS St. Cloud Economic Development Partnership: Mayor Carlbom reported that the Partnership and the St. Cloud Area Chamber of Commerce have been discussing a possible associate membership for the Partnership. He also stated that the Partnership has taken the lead in the bioscience initiative and he participated in a retention visit to Sunset Manufacturing. The St. Cloud Area Chamber of Commerce compiled a list of businesses that are in both the Partnership and the Chamber and they found that only 23 are members. St. Cloud Joint Planninq District Board: Carlbom reported that he attended the recent Joint Planning District Board and they will be requesting the area Cities to contribute to a study to update the Joint Plan. It is anticipated that St. Joseph will be requested to contribute $ 2,000 for the study. Draft July 21, 2005 Page 4 of 5 Chamber Luncheon: Carlbom reported that he attended the St. Joseph Chamber Luncheon. The River Bats are partnering with the St. Joseph Chamber for St. Joseph night at the River Bat Game. The St. Joseph Chamber will receive a portion of the proceeds from general admission tickets sold by Chamber Members. COUNCIL REPORTS SYMANIETZ Human Riahts Task Force: Symanietz reported that she attended the Regional Human Rights Task Force meeting. She stated that Duluth has established a similar Task Force. Coalition Conference: The annual conference for the Coalition of Greater Minnesota Cities will be held in Moorhead July 27-29. Symanietz will be representing St. Joseph. WICK Field Street: Wick reported that the TAC Committee for the Field Street Project is working thru some issues and preparing for an Environmental Assessment Study. RASSIER Field Street: Rassier stated that the minutes and information from the Field Street TAC Meetings are available online for interested residents. RIEKE EDA Meetina: Rieke reported that the EDA had their monthly meeting last week. They reviewed a site plan for Bliss Direct Media. Downtown Committee Meetina: Rieke stated that the next meeting for the Downtown Committee will be on Wednesday, July 27 at 5:30PM. Rassier questioned if people can still volunteer. Carlbom responded that the Committee members have already been appointed; however the meetings are open to the public. ADMINISTRATOR REPORTS Budaet Schedule 2006: Weyrens stated that August is a busy month as the Departments are working on their budgets for the following year. The preliminary budget is due by September 15 therefore the Council needs to determine meeting dates to review the budget. In addition the Council needs to establish a meeting date with Bond Counsel Monte Eastvold. The Council agreed to meet the following dates: August 9 5:30 Budget August 17 5:30 Financing Water Treatment Facility August 29 5:30 Budget Work Como Premium: Weyrens stated that annually the City must review the deductible for the Worker's Compensation Plan. In 2004 the City experienced 3 claims and based on the deduction in premium, Weyrens recommended the Council continue the same deductible. The $1000 deductible will result in a 5% discount on the premium. Rassier made a motion to accept the recommendation of the City Administrator and approve the $1000 Worker's Compensation deductible. The motion was seconded by Rieke and passed unanimously. Draft July 21, 2005 Page 5 of 5 School Meetinq: Weyrens reported that she met with the property owner of the area where District 742 is considering purchasing land. She was advised that the School District has already received a Purchase Agreement and the City participation will come back to the Council for discussion and consideration. Water Ban: Weyrens clarified that the water ban has been lifted and residents are now able to water their lawns, trees, etc between 7PM-10PM based on the odd/even system. Those residents who have an odd house number would water on the odd day and those with an even house number would water on the even day. Adiourn: Wick made a motion to adjourn at 7:40; seconded by Rassier and passed unanimously. Judy Weyrens Administrator REQUEST FOR COUNCIL ACTION DATE: August 9, 2005 Wastewater Department ORIGINATING DEPARTMENT Jim Marthaler DEPARTMENT APPROVAL AGENDA ITEM Replacement of overhead doors on old Maintenance Facility PREVIOUS ACTION None RECOMMENDED BOARD ACTION Accept low bid from Heartland Door Sales for the amount of $2620.00. FISCAL IMPACT Revenue to come from the Wastewater Repair and Maintenance Fund (#202) with a current balance of $6286.00 COMMENTS/RECOMMENDATIONS The original wood core overhead doors currently on the old maintenance facility are now 25 years old and are in urgent need of replacement. For both security as well as efficiency reasons, I recommend these doors be replaced. All of the new collection system maintenance equipment along with the street sweeper and skid loader are housed in this buil4ing. I foresee the City to occupy this building for up to 10 years or more and believe the exp~nditure is justifiable. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda - FSA Amendment DATE: August 18, 2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM FSA Amendment - Requested Action: Authorize the Administrator to execute the FSA Amendment to not include the IRS Notice 2005-42. PREVIOUS ACTION The City has previously authorized the implementation of a FSA Benefit, which is administered by Acclaim. Acclaim is responsible for notifying the City of any plan modifications required by legislation. RECOMMENDED COUNCIL ACTION Authorize the Administrator to execute the Amendment indicating that the City will not be adopting the IRS Notice 2005-42 regulation. FISCAL IMPACT COMMENTS/RECOMMENDA TIONS The City has not received any requests from employees to extend the period for submitting claims. Adding a carry over into the next calendar year has the potential of complicating the plan and since it is not an issue with forfeiture I would recommend not changing the plan at this time. At;&l9im August 12, 2005 RE: FSA Administrative Change Dear valued client: In May, Acclaim Benefits sent an e-mail outlining an opportunity provided by IRS Notice 2005-42, which modified the customary "use-it-or-Iose it" rule for reimbursement from cafeteria plan flexible spending accounts ("FSAs"). Under the new rule, employers may amend their cafeteria plan documents to provide for a reimbursement "grace period" following the end of the traditional plan year. Specifically, the grace period provides participants with a maximum time extension of two months and fifteen days to incur claims that may be applied to the previous plan year's balance. Employers and employees will still follow a twelve-month plan year for pre-tax salary deductions, but allowable spending can occur for up to fourteen months and fifteen days. It is important to note that plans are not required to adopt this extension, nor are they required to adopt the full two month and fifteen day grace period. The extension is intended to alleviate the participant's burden to incur claims within a twelve-month period, thereby reducing the risk of forfeiting funds. Eligible expenses incurred during the extended grace period will be applied to any remaining balance applicable to the prior plan year. If the prior year balance does not cover the entire amount of a claim, the excess amount will be applied to the participant's current plan year balance. We recommend that employers proceed cautiously in adopting this non-mandatory change and strongly suggest that you consult with your legal, tax and/or benefits experts to determine whether the FSA change would be appropriate for your group. Special Considerations: Dependent Care Reimbursement Accounts: Participants may be reimbursed for dependent care expenses up to a statutory maximum amount, based upon the participant's individual tax year. The reimbursement amount is based on the year in which the reimbursements are made, regardless of the plan year from which any particular reimbursement is made. This could complicate the completion ofW-2 Forms. Run-Out period: Following the end of a plan year, existing regulations allow for a "run- out period". The run-out period provides plan participants with additional time to submit reimbursement claims relating to expenses incurred during the most recent plan year. Employers who adopt the new grace period may want to revise their plan's existing run- out period deadline to extend past the expiration of the grace period. However, extending a run-out period too far into the future could create a time constraint when closing the plan year and completing Form 5500 filings. Flexible Spending Account Department . 3405 Annapolis Lane North . Plymouth, MN 55447 . www.aeelaimbenefits.com . fax 763-278-4004 Atdidm COBRA: Applicable health FSAs have a maximum period of continuation coverage through the end of the plan year in which the qualifying event occurs. Accordingly, if an individual has maintained health FSA coverage pursuant to COBRA and remains covered on the last day 'of a plan year, the individual would be eligible to take advantage of an allowed grace period. No further contributions would be made by the COBRA qualified beneficiary for the grace period; which also means the individual would not pay anything for the continued access to their health FSA during the grace period. If a qualified beneficiary stops paying COBRA premiums for the health FSA, and health FSA coverage ends before the last day of the plan year, they would not be able to take advantage of the grace period. HRAs: If you are an employer that sponsors a health FSA and a Health Reimbursement Arrangement (HRA), your plan design should dictate which plan pays expenses first. If the health FSA adopts the grace period, the ordering language would need to be reviewed. HSAs: The IRS has recently ruled that if an employer adopts an FSA grace period, employers and participants may not contribute to an HSA until the first month following the end of the grace period, unless it is a limited scope FSA. Alternatively, plan sponsors can provide participants with the ability to opt out of the grace period, thereby avoiding an extension of "other coverage" following the close of the current plan year. Acclaim Benefits is prepared to administer FSA grace periods for plan years ending December 31, 2005, or later. Enclosed is an amendment request form. Once you have determined how you intend to proceed with respect to the FSA grace period, please select the appropriate option(s) and return the request form to Acclaim Benefits by September 1, 2005. If you decide to adopt the grace period, then upon receipt of your completed request form, Acclaim Benefits will forward a plan amendment for your signature and will also forward a summary of material modification for distribution to participants. If you should have any questions regarding this administrative change, please contact Rhonda Routh at 763-278-4782 or Michelle L. Conger at 763-278-4278. Thank you. Flexible Spending Account Department. 3405 Annapolis Lane North. Plymouth, MN 55447 . www.acc1aimbenefits.com . fax 763-278-4004 ~J9im Amendment Request The undersigned, being properly authorized to act on behalf of the employer in its capacity as the Plan Administrator of the Flexible Benefit Plan (the "Plan"), hereby requests that the following actions be implemented with respect to the Plan: Grace Period Extension Select one option: 1. The Plan WILL NOT BE AMENDED to adopt a grace period consistent with the terms and conditions ofIRS Notice 2005-42. The Plan will maintain its current "run-out period", allowing Participants to submit claims from the previous plan year for reimbursement only if the expense was incurred in the plan year and submitted before the end of the existing run out period. or 2. The Plan WILL BE AMENDED to adopt a grace period consistent with the terms and conditions of IRS Notice 2005-42. Claims incurred during the grace period will be applied to any remaining balance applicable to the prior year before being applied to the current plan year balance. Please proceed with the Plan amendment, incorporating the elections identified below: Select one option: Effective for the plan year ending December 31, 2005 Effective for the plan year beginning January 1,2006 Other: Select one option: Grace Period: 2 months 15 days (maximum) Grace Period: 2 months Grace Period: 1 month 15 days Grace Period: 1 month Other: Select one option: Grace period applies to both HCRA & DCRA Grace period to HCRA only Flexible Spending Account Department. 3405 Annapolis Lane North. Plymouth, MN 55447 . www.acclaimbcncfits.com . fax 763-278-4004 Ai"V't1ahn ~:El'::';~TS Run Out Extension (COMPLETE ONLY IF #2 IS CHECKED ABOVE). Select one option: 1. We will be adopting the grace period and will maintain our current run-out period, which expires at least 30 days after the expiration of the grace period.* 2. We will be adopting the grace period and request that the Plan be amended to provide that the run-out period expires 30 days after the expiration of the grace period. * *We are recommending that the run-out period be at least 30 days after the grace period. Employer Authorization Employer Name Authorized Signatory, Title FAX Request to: Acclaim Benefits Attn: Michelle L. Conger (Fax # 763-278-4279) Flexible Spending Account Department. 3405 Annapolis Lane North. Plymouth, MN 55447 . www.acc1aimbenefits.com . fax 763-278-4004 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda Development Agreement - Bliss Marketing DATE: August 18, 2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Development Agreement - Requested Action: Authorize the Mayor and Administrator to execute a Development Agreement between Secured Earnings and Warranty LLC and the City of St. Joseph to construct a 17,034 square foot production facility. PREVIOUS ACTION Both the EDA and Planning Commission have reviewed the proposed development plan approving a modified plan. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the Development Agreement. FISCAL IMPACT COMMENTS/RECOMMENDATIONS The development plan meets the requirements of both the Business Park Covenants (enforced by the St. Joseph EDA) and the St. Joseph Code of Ordinance. We are waiting for the final plan to be submitted, clarifying the landscape plan. The construction will begin immediately. I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Development Plan- Bliss Marketing DATE: August 8, 2005 AGENDA ITEM Development Plan Approval - Bliss Marketing PREVIOUS ACTION None. RECOMMENDED PLANNING COMMISSION ACTION Accept the Plan as Complete and recommend the City Council authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Secured Earnings and Warranty LLC to construct a 17,034 square foot production facility. COMMENTS/RECOMMElIDATIONS Joe Leach of Bliss Media Inc has submitted a site plan for the construction of a 17,034 square foot production facility. The plans have been forwarded to the staff for review. The EDA has reviewed the site plan for covenant compliance and based on the revised plans included in this packet, the EDA is reconnnending approval. The City Engineer has accepted the plans with the understanding that the pond and driveway apron must meet City Standards and detail has been provided as to the expectations. The Building Inspector comments include discussion of the sign. Since detail has not been provided for the sign, the sign is not part of the permit and will require a separate permit. Any signage will meet the requirements of the Ordinance. APPLICATION FOR PLANNING CONSIDERATION CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 j Fee $ ) D6o. O{) Paid I 000 .00 Receipt # Date STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: '2..e (fA ~~( d (iAf' f\\H (:5 L<..)(.( 'f \' (!} d~f ) L. C PHONE: 3, 7 0" GO 5'. ") 2i 5:}'/ )( j OE ADDRESS: I (j qcr i A)o,d'ti;: lei m.l '__p\ 41) C;"1 ,rt/1fJ S; i.( ?j to J/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Steams County, Minnesota. (Applicant.. have lhe responsibility of checking all applicable ordinances pertaining to their application aod complying with all ordiJlance requirement..): 1. Application is hereby made for: (Applicant must check any/all appropriate items) Rezoning Zoning Ordinance Amendment Home Occupation Unit ,I ~''-- Surface Water Management Plan (Gmding Permit) PUD Building Mover's Permit Bnilding Moving- Owner's Pennit ,- '-/ ., t ... Development Plan Approval Other, please specify: 2. Legal description of land to be affected by application, including acreage or square footage ofland involved, and street address, if any (attach additional sheet if necessary): .-, ";:-- t-'':~ ~._""{tr '~-~l..JI,'- ~ ~-',~ .\.~ ,...-L/~_.-~;, ,~'-:::t j:~_." 3. Present zoning of the above described propeny is: 4. N~e ~d.address of the presC?t o,wnerof the above des<;ri~~d l~d: I 0 (..t ~ / _' :~. "' - '. If" :.i - ..' :'.- ~ ,< -. J", /.... . r. (-1 ,t ' [ .._ {!; ',10., ",' ,.w: i...:"" 5. Persons, finns, corporations or other than applicant and present owner who mayor will be interested in the above described land or proposed. improvements within one year after issuance of permit applied. for, if granted., are: E 1 ! 5 C #"1 _{(,f..;~; -r .'o',' '.JCJS~~J,'I /-t .' fr,(('::.... 6. Attached to this applicatioo and made a part thereof are other material submission data requirements, as indicated. Applicant Signature: Date: Owner Signature: Date: FOR OFFICE USE ONLY DATE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE: Pianning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: _ Approved _ Disapproved Date of Action Date ApplicantlProperty Owner notified oiCit)' Council Action: Proiect narrative LotI Block 1 Buettner Business Park The proposed intended use of Lot 1 Blockl of the Buettner Business Park is to build a 17,034 square foot production facility for use by Bliss Media, Inc a direct marketing and mailing company whose current address is 1200 23rd Ave S Waite Park, MN 56387. The building will be approximately 25% office and 75% production facility. 3 acres of the lot will be reserved for possible future use by Bliss Media, or to be subdivided for the purposes of sale, or possible other business use by the owner. See proposed future subdivision line on site plan. Intended business use by Bliss Media, Inc will include processing data, high speed laser and ink jet addressing, and various other cutting, folding and mechanical inserting of paper products. The project will be managed by R.A. Morton and is currently scheduled to begin construction in mid September or early October. AMarch 1st completion date has been set as the goal. We appreciate the City of St Joseph's assistance in the project. Inspectran Inc. Memo To: St. Joseph Planning Commission Judy Weyrens, City Administrator From: Ron Wasmund, Building Official Date: 8/5/2005 Re: Bliss Direct Marketing Site Plan Review BackQround Bliss Direct Marketing is proposing to construct an office! manufacturing building on Lot 1, Block 1 of Buettner Business Park. The building will consist of 12,586 square feet of production and storage and 4,448 square feet of office space. The building will be steel post frame construction. A continuous foundation is required but no foundation details have been provided. A loading dock with overhead doors will be located on the west . side of the building. The exterior finish materials will be steel panels with decorative block wainscoting material on the east side facing 15th Avenue. A landscape plan has been provided. A paved parking lot is proposed in front of the building for the required parking spaces and the circulation area for the loading dock. A storm water retention pond is shown in the southwest corner of the site. FindinQs I find the plan substantially compliant with the specifics as follows: The lot meets the minimum area and frontage requirements of the ordinance. The plan shows a future lot split. The proposed building and site plan would be compliant with the current ordinance after the lot split All required setbacks are met or exceeded with the proposed placement of the building on the lot. Site coverage is less than 50% of the lot area. The building height of 18 feet is compliant with the ordinance. The side of the building facing a public street must have a minimum of 25% of the exterior building materials as face brick, natural stone or cultured rock, glass, vinyl, stucco, aluminum lap siding, cut block or concrete block with decorative texture applied. The architect has shown a compliant wainscoting of decorative block on the east side of the building. The west and north sides of the building face county Road 133. These sides are showing no decorative wainscot. . Page 1 Ordinance requires off street parking for a manufacturing/warehouse storage building be provided at a rate of eight plus one for every two employees per shift or minimally one space for every 500 square feet. Office space is required to provide one space for every 250 square feet of floor area. Based on these ratios, 25 spaces are required for the manufacturing/warehouse and 18 spaces are required for the offices. Forty-three spaces are required, 43 spaces are being provided. The parking lot is shown with bituminous surfacing with B612 curb around the perimeter. The dumpster is shown on the south side of the building. Screening as required by ordinance is shown for the dumpster and exterior HVACequipment. A lock box is required on the exterior of the building for fire department access prior to occupancy. All signs must comply with Ordinance Section 52.33 Subd. 11 and Ordinance Section 52.11. No sign details have been provided Lighting standards and hood detail are required to be provided as part of the Development Plan. No lighting details have been provided Recommendations: I recommend approval of the project contingent upon the owner providing the following: 1. Foundation details. 2. Install decorative wainscoting material west and north sides of the building. 3. Provide a lock box before the Certificate of Occupancy is issued. 4. Provide sign details. 5. Provide lighting details 6. Provide complete building, plumbing, heating and civil plans for review and approval for building permit issuance. 7. Provide a complete statement concerning the specific nature of the use of the property in compliance with Ordinance Section 52.33 Subd, 9 (d) 8. Provide the requested documents to the City Engineer. . Page 2 ~ SEH MEMORANDUM TO: Judy Weyrens, St. Joseph City Adminstrator Ron Wasmund, Inspectron, Inc. FROM: Tracy L. Ekola, PE City Engineer DATE: July 27,2005 RE: St. Joseph, Minnesota Bliss Direct Media Site Plan Review SEH No. A-STJOE 0601 D66 Engineering review comments on the Bliss Direct Media Site Plan are as follows. 1. Pond shall meet adopted city standards (attached). Provide riprap at outlet to pond (FES-l). Provide erosion control blanket on pond slopes. NPDES Storm Water Permit is required for construction sites greater than 1 acre. 2. See attached detail for driveway apron. 3. Contact City of St. Joseph Public Works prior to connection to water or sewer. JDlW c: Micheal Murphy, Larson Engineering Dick Taufen, City of St. Joseph x:\s\stjoe\common\m-bliss 072705.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717, SI. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax E:: ~ 9 ~ ~ ~ ~ ~ ~ , ~ I >< GRANULAR SOILS MINIMUM 6" CONCRETE PAVEMENT I" / . '<l" L PANELS OF UNIFORM SIZE. NOT TO EXCEED 10' X 10'. USE ArR ENTRAINED CONCRETE (MNDDT MrX 3A32) WrTH LiGHT BRDOMED FINISH 3' GUTTER EXPANSIVE SOILS MINIMUM 6" CONCRETE PAVEMENT 4" AGGREGATE BASE CL. 5 W SAWCUT AND MATCH CONTRACTION JOINTS CURB & GUTTER (TYP. ) PLAN W 3' - U1 TOP CURB ELEVATION NOTES: 1. RESIDENTIAL DRIVEWAY - WIDTH "W" TO BE 10' MINIMUM. 18' MAXIMUM. 2. COMMERCIAL DRIVEWAY - WIDTH .WN TO BE 12' MINIMUM. 36' MAXIMUM. 3. WHERE CURB AND GUTTER IS ALREADY IN PLACE. REMOVE BETWEEN TWO EXISTING JOINTS. RESAW THOSE JOINTS IF NECESSARY TO INSURE A CLEAN BREAK. EXCAVATE BEHIND CURB SO THAT CURB AND GUTTER CAN BE PULLED AWAY HORIZONTALLY WITHOUT DAMAGE TO STREET PAVEMENT (J[GGLE CURB AND GUTTER SECTtON SL[GHTLY AND PULL BACK HORIZONTALLY). CONCRETE Ci t Y oj ST. JOSEPH DRIV-EWAY S TR -04 0.!1/17/02 Local Ponds for Commercial, Institutional, and Industrial Sites and Developments General Local ponds are constructed on the building site to control the rate, and sometimes the volume, of . storm water runoff from commercial, institutional, and industrial developments including PUD's. They are often combined with parking lots to provide extra storage for large rainfall events. Ownership Ponds are usually owned by the private entity, and are not subject to easements unless other properties are involved. Design Criteria A. Design Storm. Ponds must be designed for the 100-year storm. The discharge or outflow rate may not exceed the capacity of the downstream storm sewer system. Parking lots and lawn areas may be used for temporary storage during the IOO-year event, however, the pond must hold at least the 10-year storm event. There must be 2 feet of elevation between the high water level and the lowest structure opening. The I OO-year return period is based on 5.8 inches of rain in 24 hours and a Type IT storm. B. Rate Control. The rate of discharge must be controlled so that the rate after development is equal to or less than the rate before development for the IO-year and 100-year stom1 events. Since the discharge is concentrated flow, provisions rnust be made to prevent downstream erosion. For the 2-year, or NPDES water quality event, the discharge rate must be less than 5.66 cfs per acre. e. V olume Control. Where the City determines that any increase in runoff is likely to cause damage downstream, the pond must also be designed to keep runoff volume at pre-development levels. Design Standards A. Pond Shape. To the extent possible given site constraints, ponds shall be designed so that the length is approximately 3 times the width. This can also be accomplished by creating bem1s or baffles in the pond to route the water to the outlet over the longest possible path. The idea is to maximize the detention time to promote settling of suspended material. B. Pond Depth. Where the pond depth exceeds IO feet from the overflow level to the bottom of the side slope, a shelf or terrace must be provided for maintenance. The shelf must be IO feet wide and have a 10: I side slope. e. Inlet Structure. Inlets should be constructed in the lowest tier of the pond to minimize potential side slope erosion. Where possible, the inlet should be brought into the pond approximately 2 feet above the pond bottom to minimize erosion potential, but still allow for sediment buildup. This can be accomplished through a drop structure where it is necessary to reduce discharge velocity. Where the inlet must enter the pond higher to maintain pipe capacity, the slope must be protected with riprap from the pond bottom to a point 2 feet above the top of the pipe. . D. Riprap. Riprap and filter fabric must be extended out from the inlet far enough to prevent erosion due to excessive discharge velocities, occurring when the storm sewer is surcharged. Riprap protection must be carried wide enough to prevent undermining. E. Overland Flow. Where significant storm water runoff is directed to the pond by sheet flow or swales, it must be collected by a culvert or catch basin before it reaches the pond slope and conveyed to the inlet pipe. F. Outlet Structure. Outlet aprons that exceed IS-inches in diameter should be equipped with trash guards. Where there is potential for petroleum products or surface debris to accumulate in the pond, a cap-skimmer type structure should be provided at the outlet. G. Overflow. An overflow or spillway must be constructed to direct excess water safely out of the pond during runoff events that exceed the capacity of the pond. The overflow crest should be at the 100-year high water level of the pond, and should be sized to keep the backwater below the freeboard elevation. The overflow can be combined with lawn or parking lot surfaces. H. Pond Bottom. Large ponds should have a 2 percent slope on the pond bottom directed to a pit area near the outlet that is accessible for maintenance. I. Side Slopes. Side slopes must be 4: 1 or flatter above the level of the pond outlet, and 3: 1 or flatter below the outlet elevation. J. Clearances. Ponds must be located so that the edge of the high water is at least 20 feet from the nearest structure and at least lO feet from the property line. K. Vegetation. Ponds may be seeded with an approved mix of native grasses and forbs, or with mowable grasses. Different mixes may be used for the top, sideslopes, and pond bottoms. 1. 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Pl;' 1) ... . 1 ~ ~ t ~r.r.1 ~I I I I I I I kl .!l ~161 ~ ~ ~ or / ! ~ m ~ ~r. ~~i I.;! i~~ ~ I~~ > ~~ II ~~~ d I~ ~~ j ~ ~ ~l ill I I \ ~Q~ ~r I:! !.~ ii I J ~~ I I~ hu ~ / / . / I I. -'k / ( \ ..', \' I ~~ {. f ~ ~s. g \ I~i I~II~~ li ~ i I ~~ I td ~M ~~~~ h ~I i I~:~ hIm ~ ~ ~ I~ ~ ~ ~ l~ . ~ ~ I ~ j ~~ ~I ~~ t~ I~ \~ ~ I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Liberty Pointe - Easement Release DATE: August 18,2005 Administration ORIGINATING DEPARTMENT DEP ARTMENT APPROVAL AGENDA ITEM Public Hearing - Liberty Pointe, Drainage Easement Release PREVIOUS ACTION When Liberty Pointe was platted, the common area for the attached Townhomes functioned as a drainage way and was recorded on the plat. Since the plat has been amended and the homes will now be detached homes, the common area changes. Therefore the old easement must be vacated and replaced with the new easement. The plat that has already been approved by the Council includes the new easement. However, an easement cannot be released without the Council approving such. RECOMMENDED COUNCIL ACTION Authorize execution of Resolution 2005-20, Vacating a drainage easement. FISCAL IMP ACT COMMENTS/RECOMMENDATIONS CITY OF ST. JOSEPH www.cityofstjoseph.com NOTICE OF HEARING CITY OF ST. JOSEPH Administrator Judy Weyrens Notice is hereby given that St. Joseph Council will conduct a public hearing on Thursday, August 18, 2005 at 7:00 PM. The purpose of the hearing is to consider release of a drainage easement located in Liberty Pointe Two. All persons wishing to speak will be heard and oral presentations will be limited to three minutes. Mayor Richard Carl60m The petition to vacate an easement has been submitted by Viking Development Group, Rick Poplinski; 110 - 2nd Street So; Suite 300; Waite Park MN 56387 Councilors AI Rassier Ross Rieke Renee Symanietz Dale Wick Judy Weyrens Administrator Publish: August 12,2005 2.)" College Avenue North' PO Box 668 . Saint. joseph. Minnesota )"6,74 Phone ,2.0.,6,.72.01 Fax ,2.0.,6,.0,42. 2005-20 Resolution Vacating Easement Liberty Pointe WHEREAS, the property owner burdened by the utility and drainage easement recorded on document no. has requested to vacate such street according to law; AND WHEREAS, a public hearing was held on August 18, 2005 at 7:00 PM before the City Council in the City Hall on such petition after duly published and posted notice had been given, as well as personal notice to affected property owners by the City Office on August 8, 2005 and all persons interested were given an opportunity to be heard; AND WHEREAS, any person, corporation or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; AND WHEREAS, it appears that it will be in the best interest of the City to approve such petition; NOW, THEREFORE, BE IT RESOLVED, that such petition is hereby granted and the utility/drainage located in the above referenced documents are hereby vacated. Adopted this 18th day of August 2005. Richard Carlbom Mayor ATTEST Judy Weyrens Administrator STATE OF MINNESOTA) )ss COUNTY OF STEARNS) On this day of August, 2005, before me, a notary public within and for said County, personally appeared Richard Carlbom and Judy Weyrens, to me personally known,who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public Drafted By: City of St. Joseph 25 College Avenue North St. Joseph MN 56374 Attachment: Yes orNo REQUEST FOR COUNCIL ACTION DATE: August 15.2005 Engineering Tracy Ekola, PE ORIGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2006 Trunk Watermain Improvements. PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Prepare Feasibility Report. FISCAL IMPACT Estimated cost to prepare feasiblity report is $12,000 and will be included in the engineering cost for the trunk watermain design and construction. Opinion of probable cost as well as financing options will be presented with the Feasiblity Report. COMMENTS/RECOMMENDATIONS This project was included in the Capital Improvement Plan for 2006 and is necessary for the WTP project. X:\S\stjoe\common\D39 Req Council Action\0602 2006 trunk watermain request.doc I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Administrator Reports (a) Field Street Study - Wetland Delineation and Traffic Noise Study DATE: August 18, 2005 Administration ORlGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Field Street Study - Additional work items PREVIOUS ACTION The City executed a contract between the City of St. Joseph and WSB Associates to complete the Field Street Corridor Study. Included in the proposal and listed as alternatives was a cost for wetland delineation and a traffic noise study. For your convenience I have attached the cost page of the contract. RECOMMENDED COUNCIL ACTION Authorize WSB to complete the additional work as indicated on the attached letter. FISCAL IMP ACT $ 11,405 COMMENTS/RECOMMENDATIONS After the next TAC meeting it is anticipated that WSB will present a report to the Council. The TAC is in the process of determining the type of road and road section. The next meeting of the T AC is August 31, 2005. ~ WSB WSB & Associates, Inc. 4140 Thielman Lane Suite 204 St. Cloud, MN 56301 (320) 252-4900 (320) 252-3100 (fax) & Associlltes, Inc. August 10, 2005 Judy Weyrens City of St. Joseph P.O. Box 668 St. Joseph, MN 56374 RE: Wetland Delineation/Traffic Noise Cost Estimate Field Street Corridor Environmental Assessment WSB Project No. 1617-00 Dear Ms. Weyrens: Outlined below is the cost estimate to complete a wetland delineation for the Field Street Corridor Environmental Assessment (EA). The EA should identify the locations of wetlands within the corridors so the environmental impacts associated with each option can be accurately evaluated. While the National Wetland Inventory (NWI) provides good baseline data, there are many instances where additional wetlands have been located by a wetland delineation that were not shown on the NWI. Additionally, NWI boundaries are not exact. Through a wetland delineation, the EA can accurately evaluate information about the location and type of wetlands as well as provide an accurate portrayal of the environmental impacts. WSB will obtain and review available background data, including the NWI maps, the soil survey, DNR Protected Waters Map, historic aerial photos, and topography data for the site. This will assist in refining the wetland delineation area and provide information that the review agencies will require. Much of this information is currently in-house. Wetlands will be delineated in the field in conformance with the US Corps of Engineers Wetland Delineation Manual (1987). Wetlands will be staked in the field. A wetland delineation report will be prepared and submitted to the required review agencies. This will include one meeting with the review agencies to verify the delineation. WSB will survey the wetland delineation boundaries using a Global Positioning Unit (GPS) system. This will accurately locate the wetland boundaries and be used to estimate wetland impact in the EA. The total cost estimate for this work is $4,408. Based on the regulatory agencies and best practices, it should be noted that wetland delineations can only be completed during the growing season. The growing season will end around October 15. Therefore, ifthis work is to be completed, authorization to proceed would need to be provided in August. F:\O 16] 7 -OO\Correspondence\ Wetland Delination Cost Estimate Ltr.doc Judy Weyrens City Administrator August 8, 2005 Page 20f2 WSB also requests authority to conduct Traffic Noise Studies for inclusion in the EA. This study would focus on traffic noise in residential areas adjacent to segments of the proposed improvements and in the area of the St. Benedict Monastery. It will be necessary to take onsite noise readings in order to determine the potential change in noise levels at these locations. WSB will model the noise in these areas utilizing Mn/DOT approved noise modeling software. The total cost estimate for this work is $6,997.00. If you have any questions, please feel free to call me at (320) 534-5941. F:\O 1617-00\Correspondence\ Wetland Delination Cost Estimate Ltr.doc de ASMK'JDf(u, Inc. EXtlllSn A Work Plan and Estimate of Cost FIELD STREET CORRIDOR STUDY AND EA City of St. Joseph 51. Joseph, Minnesota WSB PROPOSAL NO. 069.40 ~ WSB Eatbaated Bour. Sr. Tech! Ensineerins PrillCipol Project Graduate Survey Crew Tech Total Sr. Enllineer Enoineer Enoineer 3-man Clerical Hours COil rat DlM='lnIUm 1 DATA COLLECTION 2 <I 8 8 8 30 $ 2.061.S8 SurvevslGround Control <I 4 40 24 72 $ 7 172.88 2 DOCVMENT PVRPOSE AND NEED 4 4 4 lIO 24 116 $ 6219.84 3 ALT IDENTIFICATION'" SCREENlNG 4 4 40 80 24 IS2 S 9 199.34 4 CONCEPT LAYOUTS 4 20 44 104 248 420 S 20 846.S0 5 SPECIAL STUDIES Contaminated Pronerti.. 1 2 4 8 1 16 S 1118.S7 Enyironrnental Justice 2 4 8 4 18 $ I 248.98 Riiihl-of-way and Relocation 2 2 24 32 8 68 S 4 318.91 Cultural Rosources 2 4 4 4 14 5 1178.16 Stann Water RWlOff 1 2 32 64 16 11S 5 6 809.22 SociallmDact Analysis 4 8 24 8 4 48 5 3 932.S4 Swrunarv Matrix and Evoluation 2 8 40 8 4 62 $ 4,980.89 6 EAlEA W PREPARATION 16 32 96 40 16 200 5 16.131.46 7 EA PROCESSING 2 8 24 32 4 70 $ 4 860.S0 8 EA REOUEST FOR FONSI 2 8 24 3Z 4 70 $ 4 860.S0 9 OFFICIAL MAP 36 120 40 8 204 5 IS 629.86 10 AGENCY I PUBLIC INVOLVEMENT Technical Committee Meotirnls (81 32 32 4 68 $ 1213.01 Public Information Meetinas (J I 4 8 8 16 8 44 $ 3 160.08 Local Government Meotinas {81 32 16 16 8 72 $ 7 724.64 Public HcariRllS (21 4 12 8 8 4 36 $ 3 029.66 One on One Meelinos (41 12 18 12 42 $ 4,S44.S0 MailinMslA.endaslMcotino Coord. &: Minute. 2 12 24 8 46 $ 3.044.71 1l PROJECT MANAGEMENT 32 72 4 108 $ 12148.7S atll HOUri 166 188 448 611 80 437 2091 You,h c.uu SS.OO 42.00 33.00 20.00 5S.OO 15.00 WS8 Direct Sail" CO". 59 130.00 $12.096,00 SI4 784.00 513.440.00 54 400.00 56 555.00 S60,405.oo Overhead n.28%l 511 686.40 $15482.88 $18 923.52 $11.203.20 $5632.00 $8 ~90.40 $77 318.40 Salarl.. -I- Overhead 520816.40 527.<(78.88 $33 707.52 $30.643.20 $10 032.00 514945.40 $137.723,40 Fee fio%! 52 081.64 $2 757.89 $J 310.75 $3 064.32 SI 003.20 $1 494.54 $13.772.34 Salaria + Overhead + Fee 522 898.04 $30,336.'77 $37 078.27 $33,70'7.52 511.035.20 $16439,94 5151.495.74 Direct E~D.DI" EA Roorodu~ion $ 1 500.00 Miscellaneau.s COalA Reouests Milel.e PoslaQe.l $ 2000.00 Owner and Encumbrance Roooru $ 2.000.00 Tolal Direct EIDens.. $3.500.00 ii#.(~~:i(l\. TOTU.'PRO b~,J~~~:~>i~,~w ".::' OPTIONAL TASKS Parks and Recreation 4(1'1 & 6(ft Traffic Noi.e Wellands Land UseNisual and Aesthetics ArtielesINew.leUor Cas. Benefit AnalYsis olal HOlln Hllur/ll COSfS WSB Dh'eel S.lln Coil. Oy.rhead cr.28%1 Salarie. + Oyerh.ld Fe.IiO%1 Salerie. + Overhead + Fee 2 4 i 2 I 8 I 2 I 6 I 4 8 2 4 12 30 5S.OO 42.00 5660.00 5J.260.00 $844.80 $1612.80 $1 504.80 $2 872.80 S150.48 5287.28 SI.6!S.18 $3 I 60.08 64 I 40 48 ,- 32 3S I 40 By HKGA Inc. 32 40 219 33.00 $7.227,00 $9 250.56 516.477.56 $1.647.76 Sl8 Jl!.32 8 120 20.00 $1.400.00 53 072.00 55 472.00 $547.20 56.019.20 .1.----j-.1--- _ ._".I.~,_.. 5 8 301.43 _ 8 . _..91-_ ..L. 1-- o.""';~ L I I 32 _..... _1.12.__ .!.._I 7.014.88 .. -- --4- 48 'S--4,i93.i8 .--S-....-"62.. " T- 4.710.02 60 441 5S.OO 1 S.OO 5900.00 SI2,447.00 $1152.00 $15932.16 $2.052.00 $28.379.16 $205.20 $2837.92 52,257.20 $31.217.08 Subeon.ullant COl" IlKGA Inc. ITOTAL COST OF OPTIONAJjTASKS':,!l;:~.;,.~,J',,;~,.,..i:'.:~;;..I'~'~".r":!Jl'~. , ~~t;.t(I\l.1J~~<;"~I1.:~=~~~.!t~~:?1.\;::~~::~':"J!'n..~:::..~;~:'h :...~:.:t~,;:~ ,::'.~~~,., $ 12.000.00 ..:(..,. '543.211.08: 8131/2004 a)Q~ LJ.. ~.~ ~^\!)QX~~ ~ ~",:,",it~ ~ ~ (f 4 zk ~ ~~~ 'Jf( tJvt . ., % ~ 't...u ~, ~cJ-e.;-> ~/,-;& ~ .~1f" ~ FE /50 (j.<?Q.J<", c Qk( ~f~.1~. ~~,~<f) ~~ CLU ~ ~::::~~~-~~L~ ~i ~~~~ ev-J- ~~~I:-t~~ ,~. . . . J4.-v~ ~~~~~~. .l:-.,\..t, O-u../J ~~(...vt..jo..-~ ~1r'CL~'1~~~ ~'D.J-.~~::&~~ ~L~t; ~11~~f!~~13.:- ' au<--/( o1F!!:(c<1 ~ ~ eJ'X~.wR. 'i~t~ I ~E-e~~~i,--t.LU~Q.;u- RECEIVED AUG 1 5 Z005 CITY OF ST. .JOSEPH . '~. ,~"r.', :.>",..~" . - '" ,'" ;.~...'., -'or,: _,...: .;.. .--: .; "._. .:.,."~- ::,,'_,,';< ":~~";:--~:;;': ,,~f " 99 % ,!!1~lliration-i". cA. ~~llk1J( ~fIfil;c- a-.~~ .~ I~ eLJt.L.e,--, 1 Jt ~_i+ti ~......,. ",':<::~" ..::i....."'; " :,,' : _~. ;1':i,: _.' -.. '-.:~::',:}O::-... . ~"'C' . ",.."... ':;~-:;"('/1f>;--.:.,--- " ,;._~ ~;Ci'if';;t. : ,;':_,":"',_.--I'-" _.:,",_' ,-; ,.. July 25, 2005 Pat Giesen 1203 2nd ~treet No. Cold Spring, MN 56320 RE: Coll~ctor Road Ms. Weyrens: I am writing in regard to the proposed addition of a collector road through the property of St. Benedi~t's Monastery. I am affiliateawithtlie Spifituarcehter at theMonastery ana visit there regularly, including enjoyinglne walk ways through their woods. I am not s~ooled about all the ec610gicalimpacfsU:ch a roaa would have.'Tm sutefhere are others who have addressed those issues withyou. What I do know about is the personal sRiritual importance this area baITor me, as well as many others wno may not take the time to write you. I appeal toy()ur sense of values, to the sense of permanent loss such a project would deal those of us' who treasure'fhebeauty, spirit ana sacredness of these acres. So much of our American culture focuses on the convenient, the material and the hurried pace of life. '"PLEASE searcl1 your heart aria spirit for anoTher solution to what meager benefits this project would bring. May your Qecision reflect your personal co:Il:1J:Tiitment t6the well being oraIl Who continue to seek peace, harmony and God's presence in an area hallowed by the hundreds and thousands who have been blessed by these grounds. Sincerely, G?cJ ~ Pat Giesen . 0121+/1. C. : -1-1' Pcl",;,v;s +-A~12. I -;: ,..,.. w~; f:,J J R e. f} /4Ad.;'!7 + J..e F: e lJ S +.(~.J- COR. ~ ;c1 0 ~ P RDpDSil J. fY\y w; A tllJd r hrwe I;) 1<c.~e5 w e A,e~ c..o N St/?u;NS w~5 + (j f' s+. 8eJJ~d;L~. LUe sAov.-' d .+~ k'e ft<:.+/aAJ-fo fJ~eSe.R U~ +~: s JANel otJ .+k~ i,Des';' e.J:} e o.p ,5"+. JDsef~. Sl-. TC5ep~ Shou-)J S+I1,uJ u.p ,4JJd ShouJ fhe A-l2.efl +AflJ we. MI': ,DO.J- ~) ; k e. e. \Je~,/ hoel y e /se . --rJ..e-y ~ flV~ d D,v ~ ; t :.J P spe.J I CO) ot/l do Il,uJ WA /Jw's Pcwd IllJd f'IIlJ/J}' 0 tL~ f) /I c-es f} (i'DLLN d +he C [JJ.,.)-tR.I' W ~ CJIIlJ do H" 5f/1'<" Aeee J, y rnll:tJ+II:,v,~-fl..e St. T~eA, S'+. &,oeJ..d- OlJ-ld S+, JOlw C-o~R~ Jo~ -Pt ee of '+~e sp.e.A tV) YOU se~ e.lse w ~eRt:. P Ie 115 e s-tep ufJ +0 '+~e pJAte. l1,Ud h; + A heAt ~uiJ foe +~e tLL~IA.R..e.. .,.-;:: A .0 k ,y cIA ) ~ .J A~ J1il- ~.-t\ A~d /'AAltV S+o+ko St. Benedict's Monastery 104 Chapel Lane St. Joseph, MN 56374 August 4, 2005 RECEIVED p-\UG 0 5 2005 CITY OF ST. JOSEPH Dear City Officials and members of St. Joseph's City Council: Mayor Richard Carlborn, Council Members, Alan Rassier, Ross Rieke, Renee Symanietz,and Dale Wick; and City Administrator, Judy Weyrens The article in yesterday's Times (August 3, B5) focusing on wind power and written by DerekLarson promptsmeto send youareiaied article published in theJuiyilrt issue of .. The Washington Spectator. The article was given to me recently because of its relevance tothe current discussion of the Field Street Corridor. Its focus is on the certain depletion Af'th.. "'Arlrl'" <!1'T\nhl.Af'.oiL_Ulhii"hth<> i"l1rT<>ntf'..rl..r"l "rlm;nictr"tinn i" H~r frnm '-'.....'''......'-'': .v,,'-'....1.U- l"JI ,..;pu.YY.l.J '-'.L ...... ..".&......._.1.11. .........._ _w...'...''''..........-:.a._~'''..~...' __......................u ....'_.........,...... "'v-:.a.-... '.a.:.&_............ acknowledging--and its dramatic effects on most aspects of daily life as we know it. ,"' i-,llITge"ycu..-tc<:read~-the-'2.i'1:iGle{".egpecia!!j~{the,-,sectiorl,entitled".,~~:!.:.!:!E ,P~A,J,-".,O!JXI,.OOE~~__,., <'~,""\ and its sections on "Cars" and "Other Transportation." My understanding is that you, as leaders, are trying to anticipate the needs ofthe future in your research on a possible collector road. This.article, I believe, provides convincing information that the exhaustion of the oil supply will lead to fewer cars and the reduction of road construction. Since this can happen as soon as 15 - 20 years from now, I'm hoping and praying that you will have the courage to seriously consider this information and begin to brainstorm the possibilities of reducing traffic congestion by the development of high-speed rail connections between our area's towns. I also want to clearly say that I oppose the building of a collector road that will divide the monastery and college land for all the reasons that others have stated so clearly. In light of the information provided by futurists, I also oppose it as a costly waste of resources for needs that will dissipate rather than increase in the not too distant future. Sincerely, J!lIL)lu-tiu. ()Y6- Merle Nolde OSB Enclosure m4t ~as4ingflln uSptclafllt. July 1, 2005 Ben A. Franklin, Editor @2005 The Public Concern Foundation Inc. (ISSN: 0887-428X) Volume 31, No. 13 ~ A Coming Energy Crisis Is Beir):g Ignored Tom Halsted is a former longtime Washingtonian W40 had a career here as a high-level public information officer for the government, specializing in energy, arms control and intelligence issues. That put him in close contact with the working press, and he eventually became a journalist him- self. He became a columnist for the Daily Times of Gloucester, Massachusetts, which is now his hometown. Some of his columns have been distributed nationwide by the Los Angeles Times-Washington Post syndicate. Ever the sharp-eyed reporter, he sent us what follows as a collection of "post cards from a recent trip to California." By Tom Halsted In Mojave just off California's highway 58, and parked wingtip to wingtip on the desert sand, are rows of civil- ian passenger aircraft, some of them nearly new, moth- balled by airlines that can no longer profitably operate large fleets, thanks largely to the price of aviation fuel. In the desert hills and up along the San Joaquin Valley, sprinkled throughout blooming orange groves, there are oil- well pump jacks that once bobbed up and down like giant grasshoppers, but that now sit idle and rusting, paint peeling, weeds growing around them, marking dried-out wells that are no longer worth pumping. And for miles along Route 58, between Mojave and Tehachapi, a startling sign of the future: towering white windmills, their spinning blades sometimes lost in low-hang- ing clouds, more than 5,000 of them whirring away, gener- ating nearly a billion kilowatt-hours of electricity, enough to meet the residential needs of 350,000 people every year. The Tehachapi Wind Farm is. now the largest wind power array in the world in output. Like it or not, its counterparts will soon be turning up off our shores, in other mountain passes and in other windy spots around the country. The advent of commercial wind power on a major scale is one of the more visible signs that society is slowly adjust- ing to the reality that the happy-go-lucky days of a petrole- um-based economy are almost over. It is also one of the few such signs, however, for most governments and societies are slow to acknowledge, far less to welcome, the extent to which all our lives will have to change as the petroleum age approaches its end. 0 . k~ CU ~, Cdl"+~I"'/:).";l.{)-~~(l.. API'l.IH.&- ?3o,,~. l'if3~ I /.)~b.j,e"'~ A The world is rufihmg out of oil, and the United States, which consumes more than 25 percent of the world's sup- "ply, is hastening the day that it will be all but gone. Yet American politicians, many of them with close ties to the oil industry, are so far unwilling to take the steps necessary to prepare people in our country for the very different world that is fast approaching. By their inaction they increase the likelihood that the consequences of a loss of oil supplies will be more sudden and severe, and contribute to future international instability as the thirst for still more foreign oil runs into increased competition from a number of consuming countries. WHAT SHORTAGE?-Although economists, environ- mental organizations and thoughtful planners around the globe have long recognized the need to rethink the way we live, the subject is largely off the radar screens of most politicians in the United States, whose principal concern is the next election. The Bush Administration has doggedly refused to acknowledge that old habits must change. Both George Bush and Vice President Dick Cheney, with close ties to the petroleum industry, have done nothing to displease their for- mer associates in that field. Petroleum industry representatives played a major role in shaping the administration's energy policies, providing sig- nificant support to the federal Energy Task Force, which developed the country's official position, though the public has never been allowed to find out who participated in the task force discussions. As the Center for American Progress (CAP), a Washington action group, recently noted, the Exxon Corporation played a leading role in persuading Bush to reject the Kyoto Accords, which govern global greenhouse emissions. And the New York Times revealed the other day that a former oil lobbyist, Phillip Cooney, who was Chief of Staff of the President's Council of Economic Advisers, abused his high post. In his job on the President's Council, wrote the Times, he was systematically doctoring White House scientific reports to delete or water down any references to climate change at global warming. Two days after the Times report, Cooney resigned from the council and was hired by Exxon to help maintain its close ties with the White House. The President Was Not Listening The Bush administration's Department of Energy has declared that "the world has never faced a prob- lem like this. Without massive mitigation more than a decade before the fact, the problem will be pervasive and will not be temporary." cJe...."t 2 THE WASHINGTON SPECTATOR July 1, 2005 LOW-TEST IDEAS-Earlier this year, President Bush presented a rehash of his 2001 energy proposals to the coun- try; they showed yet again how close his ties to the petrole- um industry remain. He billed his energy program as a pre- scription for reducing American dependence on foreign oil, but it was nothing of the kind. He called for the construction of new refineries to process imported oil. He declared a commitment to build new, safer nuclear power plants, implying that nuclear power plant safety was the only public concern, though safe disposal of nuclear waste remains one of the greatest obsta- cles to public acceptance of nuclear energy. He reiterated his enthusiasm for pumping oil from the Arctic National Wildlife Refuge. While he agreed to continue Clinton-era tax credits for hybrid cars, there was no talk of improving fuel standards for other automobiles, no thought of weaning Americans away from the giant trucks and SUV s that are hastening the depletion of global oil supplies. Bush's tin-ear reaction to studies showing that petroleum supplies are fast running out is matched by the blindness of his administration about changes in the climate. It has con- sistently shown a lack of sensitivity to the growing evidence of climate change brought about by the failure of the U.S. and other significant industrial nations to mitigate carbon emissions. Now Bush is pressing Congress to pass an ener- gy bill that will perpetuate bad old habits and so will not help reduce overall oil consumption. The current Bush energy offensive is essentially a smokescreen to hide an unwillingness to think creatively about the effort needed to deal with a growing crisis as the oil runs out. HOUSE AND SENATE AT ODDS- The House, which passed an oil-friendly bill in April, wants to perpetuate existing standards for fossil fuel consumption, while the Senate seeks ways to encourage alternative energy sources. In June the Senate voted to require utility companies to gen- erate at least 10 percent of their energy output from renew- able resources by 2020. The current standard is 2 percent. The catchphrase "reducing our dependence on foreign oil" is meaningless when there is little more domestic oil to be found. As long as there is no interest in reducing con- sumption of it, the only significant sources of oil products will continue to be from abroad. Some senators are attempting to raise automobile fuel- efficiency standards, which have not been increased in 20 years. The House, responding to oil producers and the man- ufacturers of SUVs and trucks, which are currently exempt- ed from fuel efficiency standards, is adamantly against rais- ing fuel-mileage standards. Most analysts agree that United States' domestic oil pro- duction capability passed its peak about 20 years ago, and that now global oil production either has passed or is about to pass its high point too. What this means is that half the world's known oil reserves have been exhausted, and that at some time in the next few decades it will be all but gone. We might say: "So what? We have been taking oil out of the ground for nearly 150 years. If it's only half gone, we have a long time to do something about it." But before we do, it is worth noting that taking the oil out of the ground since the first well was drilled, in Pennsylvania in 1859, has been the easy half; much of the rest is too deep or otherwise inaccessible for easy extraction. Furthermore, the uses of petroleum have been expanding almost exponentially. For the first forty years of the petrole- um age, oil was used for little more than kerosene lighting and the lubrication of steam engines. But with the perfection of the internal combustion engine and the proliferation of the automobile and aircraft, as well as the widespread use of petroleum for domestic heating, electric power production and the fabrication of a wide range of consumer goods, there is hardly an aspect of modem living where petroleum does not playa key role. All this will have to change, and sooner than we'd like. And we aren't even thinking of what will happen when the huge populations of China and India begin to demand as much petroleum as we do. Already we use; more than 25 percent of the world's supply. THE REAL OUTLOOK-Over the long run, Americans will have to recognize that many aspects of modem life that depend on petroleum will have to change, and the "long run" may not be all that long. Within only a few years, shrinking oil supplies and soaring energy prices will force us to rethink many aspects of everyday life and adopt new ways of living - or in some cases resurrect old ones. Picture this America by mid-century, a very real possibility: CARS: The automobile, for a century an icon of freedom and independence, will increasingly become an unafford- able luxury for many. The two-car garage will become an anachronism..People will stop buyingSUVs, pickups and other gas-guzzling vehicles, and begin to demand cars using hybrid technology and other energy-efficient propulsion systems. OTHER TRANSPORTATION: As fuel costs soar, air travel will become so expensive that only the very rich will con- tinue to fly, for business or for pleasure; more commercial airlines, already in trouble despite a lifetime of generous government subsidies, will go bankrupt. Decades of govern- (ITqt ~asqingfnn cSsptclafnr www.washingtonspectator.com Editor: Ben A. Franklin Founding Editor: Tristram Coffm (1912 - 1997) Publisher: Kevin Walter Associate Editor: Lisa Vandepaer President, Public Concern Foundation Inc.: Hamilton Fish ~ 318 LEITERS TO THE EDITOR: P.O. Box 90, Garrett Park, MD 20896 or comments@Washingtonspectator.com. Please include your name and address. MOVING? MISSED AN ISSUE? Call toll-free (888) 657-0700. Or write to P.O. Box 20065, New York, NY 10011. or subscriptions@Washingtonspectator.com. BACK ISSUES AND EXTRA COPIES: 1-12 copies, $1 each; 13-25 copies, 7 5~ each; 26 or more copies, 50~ each. 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POSTMASTER: Send address changes to The Washington Spectator, London Terrace Station, P.O. Box 20065, New York, NY 10011. July 1, 2005 THE WASHINGTON SPECTATOR 3 ment neglect of rail transportation will need to be reversed, and rail networks, both for passenger and freight service, greatly expanded. Dedicated high-speed rail transportation, long a standard in Western Europe and Japan, may at last become a reality in the U.S. Locally, cities will stop further highway construction, ban automobiles from city centers, and expand and refurbish public transit systems. RECREATION: Family vacations in exotic faraway places will be a thing of the past, and Americans will begin to dis- cover that many of the recreational gadgets such as snow- mobiles, jet skis, off-road vehicles and huge power yachts are not so necessary to their lives after all. Former President George Bush, who once snapped ungrammatically, "I'll recreate any way I want!" when critics questioned his choice of a vessel for recreational fishing, may have to retire his power boat. People will rediscover walking, bicycling, canoeing, kayaking and sailing. LIFESTYLE: The rising cost of heating homes with oil, electricity and natural gas will make a virtue of lowering the thermostat and be a boon to the sweater industry. Those who can still afford to build new houses will be turning from huge, energy-guzzling McMansions to small, super-insulat- ed, solar-heated structures. Power mowers will give way to hand mowers, and big green lawns will lose their cachet. For many, single-family suburban living will become unaf- fordable, and a move back to the cities will become a more attractive option. The big suburban malls, accessible only by car, will dwindle away. Some futurists see prospects so dire, and our willingness to confront them so limited, that they see the only solution as being essentially to redraw the map of the United States and bring about a massive relocation of the population, all in the next fifteen years or even less. They would have us abandon the suburbs, depopulate much of the Western plains, move back to the cities, all but eliminate automo- biles, and try to resurrect a dependence on home-grown agriculture not seen since the nineteenth century. They fear that much of the country will not be prepared to take these necessary steps, and foresee catastrophic political upheavals and widespread social disruption. Others are more hopeful, but their prescription for a smooth transition from an oil-dependent culture also requires radical restructuring of social systems, and the acceptance of many technologies for which little serious planning is yet taking place. But it seems likely that even if many of the new concepts prove viable, they will not be able to fulfill all of America's current energy needs. Many of the social adjustments described above would still be needed. WRITTEN ON THE WIND- Wind power is a proven technology with great promise. Countries like Denmark, which currently gets more than 20 percent of its electric power from offshore wind turbines, are betting that this non-polluting energy source will solve much of their energy needs. Opponents of wind power tend to focus on aesthetic concerns, but such objections are likely to be overcome as wind installations become more widespread. And many of these opponents are "not in my backyard" NIMBYs, who approve of wind power in principle, but just don't want windmills to interfere with the view from their front porch. Nuclear power is getting a new look from'some planners. It is, of course, a significant energy source that cali provide electric power without the carbon dioxide emissions that make coal, oil and gas-fired power plants such environmen- tal liabilities. But safety concerns have made nuclear power, once blithely touted as able to produce electricity "too cheap to meter," enormously problematic. No new nuclear power plant has been licensed in 30 years, because of safety concerns. After the Three Mile Island near-meltdown in 1979 and the Chernobyl catastro- phe in 1986, the public rethought nuclear power and now seems unlikely ever to support the construction of new nuclear power plants anywhere near populated places. In addition to safety, of course, the problem of safe dis- posal of nuclear waste remains unsolved. "Temporary" aboveground waste storage in sealed containers remains the only viable storage option for nuclear waste to date. Public confidence in the Yucca Mountain waste-disposal plant was shaken recently by revelations that U.S. Geological Survey staffers had falsified documents saying that the facility would meet safety and environmental requirements. But even if nuclear power met safety and disposal tests, public opposition to rail and road transportation of the nuclear waste from power plants all over the United States to Yucca Mountain and other waste depositories would like- ly prevent it from ever being a major option. , President Bush has been touting hydrogen fuel cells as an ' alternative to internal combustion engines. Thus far, the only efficient. way to produce hydrogen may require the combustion of more fossil fuel than it would supplant, but this may change as other technologies prove more efficient. Given the political will, leaders would be able to admit that they have no choice but to abandon the present fmger- in-the-dike approach and make the necessary adjustments and sacrifices in time to stave off disaster. So far, however, there seems to be little such will in evi- dence, or the acknowledgment that the coming end of the petroleum era calls for intelligent planning now, and a national commitment to change on a scale never before attempted. SUBSCRIBE NOW Don't miss an issue! To receive your own full year of The Washington Spectator-that's 22 issues-simply enroll as a member of the Public Concern Foundation. _ Yes. Send me one full year of The Washington Spectator. I enclose payment of $15 for membership in the Public Concern Foundation. (Seniors and students-$12) _ I prefer two full years of The Washington Spefitator for the discounted price of $27. (Seniors and studel1ts-$22) _ Please renew nry subscription. MY NAME ADDRESS CIIT ST ZIP Mail this coupon and your payment to: Public Concern Foundation, P.O. Box 20065, New York, NY 10011 or visit www.washingtonspectator.com ~--------------------------------------------~ THE WASHINGTON SPECTATOR July 1, 2005 A Patriotic House-Well, sort of. The Broadcasting (C.P.B.), a federal agency that channels funds House of Representatives voted to strike to the Public Broadcasting System and National Public Section 215 from the notoriously nosy USA Radio, the Republican-led trim was undone by a full House Patriot Act, thereby barring searches by the vote. A growing G.O.P. drive to "deliberalize" public broad- FBI and other law enforcement agencies of casting seemed to be faltering. The repair vote in the House citizens' public library records. was 284 to 140. The American Library Association says it has found _ But there is still a rocky road ahead. For one thing, 200 cases in which law enforcement officials made requests Kenneth Tomlinson, a right-winger who is chairman of the for information from libraries; the requests included data C.P.B., managed to get another Republican conservative, on readers who checked out books on Osama bin Laden Patricia Harrison, named as the organization's president. and others. The Senate is also expected to agree to end that She is a foroler co-chairwoman of the Republican National practice. Committee. The activist group People for the American But to offset its sensible move, the House later voted to Way is collecting petitions calling on Preside:qt Bush to try again to pass a constitutional amendment outlawing the remove Tomlinson. - burning or other destruction of the United States flag. That It remains to be seen what the Senate will do to the has been tried repeatedly in the House in the 16 years since appropriation for public broadcasting, and whether it will the Supreme Court ruled, in 1989, that the Constitution's restore other cuts of millions of dollars still in the House First Amendment protects flag burning as a statement of measure. free expression. The House vote this time was,!286.~to J30. '-, Impolite Politics-First, Senator Richard Durbin (D-IL) including more than the two-thirds of members present, and was forced to offer an apology on the Senate floor for com- voting, required to approve the proposal of a constitutional paring the conduct of our military in its alleged abuse of amendment. prisoners at Guantanamo Bay, Cuba, to that of "Nazis, The Senate has never passed such a ruling, but things Soviets in their gulags . . . Pol Pot or others." He formally may be different in this pre-election year, in which the leg- withdrew that comment. islators of all 50 states have already passed resolutions call- Then, Representative John Hostettler (R-IN) was forced ing for an amendment making the destruction of Old Glory to withdraw his charge that "the long war on Christianity a crime. in America" was being conducted in the House of Bush's Poll Results Keep Falling-We saw an editori- Representatives "by the usual suspects, the Democrats." aI-page cartoon in the San Antonio Express-News that "Democrats can't help themselves when it comes to deni- showed President Bush smilingly saying: "The way I see it, grating and demonizing Christians," he said. things are looking up!" Trouble was that he was doubled The House was debating an amendment to a Defense over and looking upside down and backwards at plunging Department appropriations bill that would have required the opinion poll arrows on "Support for the War," "Support for Air Force Academy to prevent "coercive and abusive reli- My Social Security Plan," and" Support for Me." gious proselytizing" among its cadets. Objections to Bush's foreign policy has increased anti-American opin- Hostettler's remarks stopped that debate for 45 minutes. ion in Europe, the Middle East and Asia, according to a Finally, to avoid having his words formally stricken from worldwide poll by the Pew Global Attitudes Project. A major- the record, Hostettler finally asked for, and was granted, ity of the 17 ,000 people questioned in 10 of the 16 countries unanimous consent to withdraw them. polled hold unfavorable opinions of the United States. P.B.S. Makes a Comeback-Only weeks after a House Appropriations Committee voted to cut $100 million from the $400 million planned for the Corporation for Public 4 " FYI fOP6-tLf9f NW Hd3S0I LI\UVS ern 3TI1'\3:031'10J 010 ~6fZT '1'13..10;) "1 Jl\T\iTl11l\\ l'IW fLtrvLI=GI 900z/W/60 #trfLvvLW# fff JOVv' (fO.., T1V**OlJ1V** AJJiINX8# 1'lIl1ll'I"II'I"""" III "I" '/'1111"1"'/'/111I'11"1'111 AN ''[lOA M;;lN re P!1'd ;;l.813~sod SSV'18 S1V8IQOI~3:d WE'RE ON-LINE: You can find the current issue as well as archived editions of The Washington Spectator on the Web at WW\\~washingtonspectator.com. With just one click you can send any article to anyone ,,,ith an e-mail address. July I, 2005 Volume 31, No. 13 W:4~ ~cts4iugfnu ~ptrfafnr ~ A Coming Energy Crisis Is Being Ignored Petroleum's Pals in the White House Say Good-Bye to Suburban Life Futurists on Parade FYI I 2 3 4 11001 AN ''[lOA M;;lN ~900G xOS: .00: UO~13.S dJEl.I;;l~ uopuo'1 J.OlV1JgQS U012u!'l{roM @'IjL Administrator Judy Weyrens Mayor Richard Carlbom Councilors AI Rassier Ross Rieke Renee Symanietz Dale Wick CITY OF ST. JOSEPH www.cityofstjoseph.com August 8, 2005 Ace's Place Inc Attn: David and Sharon Aistrup PO Box 496 St. Joseph MN 56374 VIA CERTIFIED MAIL Dear David and Sharon: This letter is to inform you that the La Playette received an alleged liquor violation on August 6, 2005 for minor consumption. As can be seen on the enclosed RMS Reports (St. Joseph Police Department Reports), five individuals were cited for consumption. The citations are a combination of patrons cited inthe establishment and patrons leaving the back door. As you are aware, serving minors is a violation ofSt. Joseph Code of Ordinances 71.11.1 i.9:L The City Council has established a Liquor License Violations Matrix (see enclosed), in order to determine the fine for various liquor license infractions. Based on the Matrix, the La Playette is subjectto a fine of$ 150.00. lfyou dispute the allegations you have a right to a hearing before the City Council. lfyou wish to contest the allegations you must notify me within 7 days of receipt of this letter and submit a $ 500.00 deposit. The deposit will be used to cover the costs of the hearing. If the allegations are determined to be unfounded, the $ 500.00 deposit will be returned. lfthe violation is founded the deposit will be forfeited and you are subject to a monetary fine and/or suspension of your liquor license. lfyou do not wish to contest the alleged violation, please remit the $ 150.00 to the City Offices no later than August 18,2005. lfyou have any questions or need additional inforn1ation, please feel free to contact me at 320-363-7201. Sincerely, CITY OF S~EPH ~ !Po/~ udy WJ;ens A inistrator cc: Mayor Richard Carlbom and Members of the Council Tom Jovanovich, City Attorney Peter Jansky, Police Chief File (Liquor License Violations - La Playette) 2." College Avenue North, PO Box 668 . Saint. joseph, Minnesota .,6')74 Phone ,2.0.,6,.]2.01 Fax ,2.0.,6,.0'42. LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 2003 Refusal to allow inspection Section 71.8.3 2 day suspension and $500 fine 4 day suspension and $750 fine $l,OOO.OOfineand Revocation 7 day suspension After hours sale Section 71.9.1 2 day suspension and $250 fine 4 da.y suspension and $500 fine 12 day suspension Revocation and $750 fine After hours display $250fine Section 71.9.3 2 da.ysuspension and $500 fine 4 day. suspension and$750.fine Revocation Unaccompanied Minor $100 Section 71.11.1.C $300fme $500 fine $1,000 fine and 5 day suspension Violation of Outdoor liquor permit $250 fine Sections 71.11.5 and 71.11.6 2 day suspension and $500 fine 4 day suspension and $750 fine Revocation Commission of a felony related to a liquor license, or the sale of liquor while the license is suspended shall result in revocation. Suspensions: Suspensions shall automatically take effect the first consecutive regular business days following the appeal period or following the appeal to the City Council in which no catered events have been scheduled. Days in which the licensed premises are not open for business shall not be credited toward the suspension period. The licensed premises shall be required to provide proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a specific date from the automatic suspension. Aggravating factors: The following shall each constitute one aggravating factor for the purpose 6fthe liquor license violations matrix: . One of the following violations concurrent with the present violation, or within the 12 months preceding the present violation: - A refusal to allow inspection - A violation for nudity/lewd acts - After hours sale - Sunday sale without license - After hours display - Violation of club license ., Violation of Outdoor liquor permit Two of the following violations, in any combination, concurrent with the present violation or within the 12 months preceding the present violation: - Sale to Minor* - Unaccompanied Minor - Failure to prevent on-sale liquor from leaving premises - Sale to intoxicated person *If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation if there are two or less citations/ICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three violations if 6 to 10 citations/ICRs are issued. If more than 10 citations/ICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary hearing to contest an alleged violation. The request for hearing must be received by the City Administrator within 7 days of the alleged violation and the request must include a $ 500.00 deposit. In the event the evidentiary hearing finds in favor of the liquor license holder, the $ 500.00 deposit will be returned. RMS Report Case Number: 05801287 Officer Assigned: MEYER Badge Number: 7703 Supervisor Approval: How Rec'd: VISUAL '" " 1. BAR VIOLATION Level of Offense: o P. Misd. 0 Mlsd. 0 G. Misd. 0 Felony Location of Incident: 19 NORTH COLLEGE AVE. Date Reported: Time Reported: SAME 2350 -:;:'II.D;a~mi.imill$.$tm.1J)IN!i!t :-:.:.:.:. 3. Level of Offense: . ..' .V ,1- o P. Misd. 0 MisC!. 0 G. Misd. 0 Felony Date Incident Oc;curred: 08-06-05' ," Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: SAT Time Arrived: Time Cleared: Street Address: City, State, ZIP: Citation #: Street Address: City, State, ZIP: ". ST. JOSEPH POLICE DEPARTMENT Follow-Up Report . . ICR NUMBER: 05801287 OFFENSE/INCIDENT: BAR VIOLATION LOCATION OF OCCURRENCE: 19 NORTH COLLEG.~" AVE. REPORTING OFFICER: B. MEYER . . On 0.8-0.6-0.5 Officer Dwight Pfannenstein and myself went tom the~a'Playette to do bar checks. Officer Dwight Pfannenstein went in the bar though the frorit door. I went and stood by the back door incase people tried to leave the bar. Once Officer Dwight Pfannenstein entered the bar he advised me that people were going towards the back door where I was. II was able to get one of the males Iisted)n ICR#0580121281. I placed him in the back seat of my squad after he stated he was drinking and was only 20. years old. I then walked back in the bar and noticed another male with a plastic glass in his hand. He stated he was also only 20 years old. He too was taken out and placed in my squad car. Both of the two males I had were identified by their Minnesota Drivers License, which they had with them. I asked them how they "Yere able to get into the bar. Both stated that they had walked in through the front door. I asked if they were carded by any of the bar employees which they both stated no. I asked if they were carded when they bought their drinks at in the bar and again they stated no. I did keep the glass and some of the mixed drink that the one male had. Those items were placed into evidence. Officer Dwight Pfannenstein also came out with three females from inside the bar that were not old enough to be i~ there. I issued tickets to the two people I had caught and then released them. . I later contacted the owner of the bar and meet with him and the three employees that were working. I advised that it would be wrote down as a bar violation and sent to the City Office. Below is a list of the employees that were working at the time of the violation. 1.SAMANTHA JOSEPHINE STANG D.O.B. 0.7-21-1985 (MINNESOTA) 2. AARON JOSEPH SCHWARTZ D.O.B. 0.9-19-1984 (MINNESOTA) 3. ROBERT EUGENE SZERENCSE III D.O.B. 09-16-84 (INDIANA) Also see Officer Dwight Pfannenstein report for further details. OFFICER SIGNATURE: ~ ~" y -t:" -0)-- DATE: -- - -- RECEIVED AUG 0 8 2.005 CITY OF ST. JOSEPH 1010WEST ST. GERMAIN STREET SUITE 600 ST. CLOUD, MN 56301 500 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MN 55402-3796 320 252-4414 Fax: 320252-4482 612632-3000 Fax: 612 632-4444 Reply to St. Cloud Robert J. Walter 320 202-5336 Robert.walter@gpmlaw.com August 5, 2005 MS JODI WYRENS CITY OF ST JOSEPH 25 NORTH COLLEGE AVENUE ST JOSEPH MN 56374 Re: Vacation of a Portion of 304th Street Our File No. 103616 Dear Ms. Wyrens: Thank you very much for meeting with us on Wednesday, August 3, 2005, to discuss Bauerly Brothers request to vacate a portion of 304th Street. As I have indicated to you, this office represents Bauerly Brothers in connection with this action. Our client would like to vacate the portion of 304 th Street which lies south of Lot 1 Block 1, Bauerly Addition, and the adjacent metes and bounds description, owned by Bauerly's that is west of Lot 1 Block 1, Bauerly Addition, and east of the property owned by Amcon Block. As I indicated to you, 304th Street was platted as part of Lot 1, Block 1 Batzer Addition. As you can see from the attached copies of the plat, this platted road extends to the west of Lot 1 and south of the Bauerly property. This property is in St. Joseph Township. I understand that this property is subject to an orderly annexation agreement with the City of St. Joseph. At the time of platting, thd Township of St. Joseph never formally accepted 304th Street as a town road. The Township has not maintained that portion of304th Street south of the Bauerly properties. This portion of the road has never been used as a public road. Bauerlys intend, by vacating of the road, to use the road as part of their facilities. GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. ATTORNEYS AT LAW www.gpmlaw.com Ms. Jodi Wyrens August 5, 2005 Page 2 Since this property is subject to the orderly annexation agreement, we are asking the City of S1. Joseph provide us with their approval to vacate this portion of 304th Street, south of the Bauerly property. I would appreciate it if you could present this matter to the City Council as a consent item. If there is any need for our appearance at the Council meeting, please let me know as soon as possible. Your attention to this matter is greatly appreciated. Sincerely, GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. R u&~1: J) LJtd1:ir Robert J. Walter RJW:pcg Enclosures cc: Alice Coudron (w/o enc) GP:1739519vl Steams County Land Management - Parcel ID Info Page 1 of 1 Parcel Information July 27,2005 Taxpayer: BAUERL Y BROTHERS INC Parcel No: 31.20761.010 Tax Year: 2005 Parcel Identification Information Property Address: 8552 RIDGEWOOD RD ST JOSEPH, MN 56374 Mailing Address: BAUERL Y BROTHERS INC 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379 ~~ ~_~~ RD' _~. _~_ ____..~ ~ __ w__. ~". ____ v__ ~_" _ _._ _._ _._ ____ _ __ .__. ___ _._ ____ _ ._. _. ____ _._ ~_v _ WnW _._____ __. __. ..__. vo,._, ____." _.__ ".__._ .__.... _._ ___..._ "___ --0 _._ ____ _._ _______.w ..-- - ... ------- --- ... Police: Ambulance: First Response: Rescue: Fire: STEARNS CTY SHERIFF GOLD CROSS AMB ST JOSEPH PD/FD WAITE PARK FD ST JOSEPH FD Property Type: School District: Jurisdiction: Escrow Agent: REAL ESTATE ISO 0742 ST CLOUD ST JOSEPH TWP 742 N/A ____v._____. ......_... ._..__~._.".... ~.. n.'~._.' __..n___....__.....___..........._._ ._____.A_.............. ...._.._w_._____..__.__....___................_..__...____ WNW -------..--....--......--.--.-. Property Owner I Taxpayer Detail Name BAUERL Y BROTHERS INC Y Taxpayer Type PRIMARY TAXPAYER Mailing Address BAUERL Y BROTHERS INC Y CURRENT OWNER 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379-9690 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379-9690 Legal Description Lot: Block: Plat Name: 00000 00000 N/A Section: Township: Range: Deeded Acres: 00011 00124 00029 6.19 Abbreviated Legal: Sect-11 Twp-124 Range-0296.19 AC 6.19 A. W 223.35' OF SE4NE4 N OF 304TH ST @ Copyright 2005 - All Rights Reserved https:/ /porta1.co.steams.mn. us/propertymanagement/parcelinformation.aspx? _ mode=print... 7/27/2005 Steams County Land Management - Parcel ID Info Page 1 of 1 Parcel Information July 27, 2005 Taxpayer: BAUERL Y BROTHERS INC Parcel No: 31.21159.400 Tax Year: 2005 Parcel Identification Information Property Address: N/A Mailing Address: BAUERL Y BROTHERS INC 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379 Police: Ambulance: First Response: Rescue: Fire: Property Type: School District: Jurisdiction: Escrow Agent: Property Owner I Taxpayer Detail Name Taxpayer Type PRIMARY TAXPAYER BAUERL Y BROTHERS INC Y BAUERL Y BROTHERS INC Y CURRENT OWNER Legal Description Lot: Block: Plat Name: 00001 00001 BAUERL Y ADDITION Section: Township: Range: Deeded Acres: Abbreviated Legal: Sect-11 Twp-124 Range-029 BAUERLY ADDITION Lot-001 Block-001 @ Copyright 2005 - All Rights Reserved REAL ESTATE ISD 0742 ST CLOUD ST JOSEPH TWP 742 N/A Mailing Address 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379-9690 4787 SHADOW WOOD DR NE SAUK RAPIDS, MN 56379-9690 00011 00124 00029 o https://porta1.co.steams.mn. us/propertymanagement/parcelinformation.aspx? _ mode=print. .. 7/2712005 ~ i IZ) E!l f ! 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'" '- -". -.. -- ;:,f%Ln1fJO&" :1:::.:...:{ ::.......,. ../.,\11 ~'I1'\~ .07 -- . -I ii'" f, ...... __... __ . ~ a'". '<:'<'.. . "......... "" _ ~ . ~.. ""."'~..~. " '.....,.: !.'.,...A '. "'." ...~.. _..~...~;.~;.~;?:;;'C='."-_.._~_.. . V""'iH """"";7<;,;'''''''''''''70;;""".__ .~ Q "co ' ~ -:' .. r~gUN ~ t.i W ,J. ~O ~ -------- NW COf/. BLOCK BATZEf/ ADDITION NOTE: THE WES T LJ NE IS AsSU),(ED TO SOUTH 00 DEGR: SECONDS WEST. ~ ir. " ;':":, ":;', ;. ~ '" ~ .... , o DENOTES 1/2 INCH I: IoIAf/KED WI TH f/EGI ST;, · DENOTES MONUMENT FO. ~. / ./ LAND ...... .' .,~ \., ..:....~::... I' " ~ ;::; o 100 -=--'-.~ '-=- SCALE IN I LoeA TION ..-:", , ,. ~~;; NO l-~L Y<fI I ."~.l.' , I , , ':"', . . '::':\: "::..,. SEC. II - 712. . "'. .: :::......,.......:. ~.."?:..'::', '2 -~ --- '~--= ~'i",".;~>;,+ .~~. '. ~ '-..:. .....'~.2.. it P; --...--... ~ ... ":. ...;~(:..:.i/...: ...... --""'--"'"--",, ;..~'..'. ~ --... , , --..., --... , , ::::-- , ~~