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 ' [ .._ {!;
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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
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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. Access. Ponds must be accessible for maintenance.
M. Public Ownership. Where the pond is to be constructed on an outlot for public
ownership, residential standards must be used.
N. Citv Review. All pond designs must be approved by the City. The City may approve
deviations from the above standards due to site constraints on a case-by-case basis.
Increasing development density is not considered a site constraint.
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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
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AUG 1 5 Z005
CITY OF ST. .JOSEPH
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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
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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
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TIu Washington Spectator (ISSN 0887-428X) is published semi-monthly (except
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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.
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~--------------------------------------------~
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 $400 million planned for the Corporation for Public
4
"
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WE'RE ON-LINE: You can find the current issue as well as archived editions
of The Washington Spectator on the Web at WW\\~washingtonspectator.com. With
just one click you can send any article to anyone ,,,ith an e-mail address.
July I, 2005
Volume 31, No. 13
W:4~ ~cts4iugfnu ~ptrfafnr
~
A Coming Energy Crisis Is Being
Ignored
Petroleum's Pals in the White House
Say Good-Bye to Suburban Life
Futurists on Parade
FYI
I
2
3
4
11001 AN ''[lOA M;;lN
~900G xOS: .00:
UO~13.S dJEl.I;;l~ uopuo'1
J.OlV1JgQS U012u!'l{roM @'IjL
Administrator
Judy Weyrens
Mayor
Richard Carlbom
Councilors
AI Rassier
Ross Rieke
Renee Symanietz
Dale Wick
CITY OF ST. JOSEPH
www.cityofstjoseph.com
August 8, 2005
Ace's Place Inc
Attn: David and Sharon Aistrup
PO Box 496
St. Joseph MN 56374
VIA CERTIFIED MAIL
Dear David and Sharon:
This letter is to inform you that the La Playette received an alleged liquor violation on
August 6, 2005 for minor consumption. As can be seen on the enclosed RMS Reports (St.
Joseph Police Department Reports), five individuals were cited for consumption. The
citations are a combination of patrons cited inthe establishment and patrons leaving the back
door.
As you are aware, serving minors is a violation ofSt. Joseph Code of Ordinances 71.11.1
i.9:L The City Council has established a Liquor License Violations Matrix (see enclosed), in
order to determine the fine for various liquor license infractions. Based on the Matrix, the
La Playette is subjectto a fine of$ 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
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