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Home My WebLink About2005 [09] Sep 01 {Book 35} --- ---- CITY Of ST. JOSEPH . www.cityofstjoseph,com St. Joseph City Council September 1, 2005 5:00 PM 1. Call to Order 2. Approve Agenda 3. 5:00 PM Monte Eastvold, Financing Options, Water Filtration Plant Administrator 4. Water Filtration Plant Judy Weyrens a. Land Purchase b. Plan Design Status Mayor 5. Review Water/Sewer Rates Richard Carl born 0000000000000000000000000000000000000000000000 St. Joseph City Council Councilors September 1, 2005 AI Rassier 6:30 PM** Ross Rieke 6. Consent Agenda Renee Syrnanietz a. Bills Payable - Requested Action: Approve check numbers 036155-036194 Dale Wick b. Minutes - Requested Action: Approve the minutes August 4, and August 18,2005 c. Assignment of Lease - Requested Action: Authorize the Mayor to execute the Sign Lease with the additional provision recommended by the City Attorney. d. Premise Permit - Requested Action: Accept the premise permit of the Minnesota Deer Hunters Association for lawful gambling at the College of St. Benedict. e. Equipment Purchase - Requested Action: Authorize the purchase of a Band Saw from . Grainger in the amount of $2,400 as equipment replacement. f. Equipment Purchase - Requested Action: Authorize the purchase of a Tree Planter from Rudolph's Inc in the amount of $996 as equipment replacement. g. Ordinance Amendments - Requested Action: Approve the amendments to the General Parking Ordinance and Parking of Semi Trailers, Trailers, Trucks and Truck Tractors and authorize the Mayor and Administrator to execute the Ordinance Amendments causing the same to be published. h. Application for Payment - Authorize the Mayor to execute application for payment #3 for the 2005 Hill Street and 3rd Avenue SW Improvements and authorize payment to RL Larson Excavating in the amount of $182,873.48. i. Application for Payment - Authorize the Mayor to execute application for payment #4 for the 2005 Cloverdale Area Improvements and authorize payment to Larson Excavating in the amount of $20,629.13. 7. Public Comments 8. 6:30 PM Northland Securities - $3,100,000 Bond Sale 9. City Engineer Reports a. Proposed 2006 Street Improvement Project b. 2005 Sanitary Sewer Rehabilitation c. WTP Update d. Other Matters 10. Mayor Reports 11. Council Reports 12. Administrator Reports a. Cable Franchise Transfer - Charter b. Other Matters . 13. Adjourn ** Time is approximate, the regular Council meeting will begin immediately after the special Council Meeting 2.~ College Avenue North PO Box 668 Saint. loseph. Minnesota )6,74 Phone ,2.0,,6,,72.01 Fa x 12.0,6,0142 - . TOTAL 8/12/05 Est. Water Treatment Plant Construction $ 5,346,500 Telephone/Security Allowance $ 100,000 Contigency Percent (10%) $ 540,000 Project Total - Construction $ 5,986,500 Engineering $ 773,000 Land & Platting Costs $ 275,000 Previous Engineering Fees to be included in Bond Glatzel Site Test Well $ 19,000. Gateway Commons Well Invest., Test Well & Pilot Study $ 41,500 Gateway Commons Preliminary WTP Design $ 35,000 . Grant Application $ 1,500 Wellhead Protection Plan $ 19,000 Trunk Watermain $ 588,000 TOTAL ALL ITEMS $ 7,738,500 Fiscal, Legal & Admin costs are not included in this estimate . 8/30/2005 51. Joseph Cost Est Aug 12 Rev Cl Cl ,5 .5 :a:g ~ ;g & =S:OS .E 8>.5 ~ ~ ~ :ee 5:00 :a . Q); . 00 'iii:SC :s ~ ~ c:: D Q) c:: C c: Q) .0 .2' D :; :; .~ :g ~ g .~ .~ ~ '5 ~ '0 m ~ _ :2:1 ~~ Q)Q) Oc::;"C c: E E ... IIJ CJ 0 (J) "'0"'0 ~ C)~ en en 8 ....;: Eo. ~~ &'ii5& .u) 6, 5 Q) .c. .e f!? 0 E 0 0 M Q) ('t') Q) '(j) '(f.i N a. "OQ) "'(;):1 MM c"Cc "'0 Q) Q) _ ~ ~:a. otic. c:c: o,#-o "#. 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Nbr Search Name Comments Amount FUND DEPART OBJ 036155 BANYON DATA SYSTEM payroll software su $176.01 101 41430 215 036155 BANYON DATA SYSTEM payroll software su $176.01 101 42120 215 036155 BANYON DATA SYSTEM payroll software su $176.01 601 49440 215 036155 BANYON DATA SYSTEM payroll software su $176.01 602 49490 215 036156 BERGHORST, BRUCE 5 -park board meet $175.00 101 41120 103 036157 BOUND TREE MEDICAL, LLC latex gloves $73.63 101 42120 210 036158 CAMERA TRADER Canon T2 Camera, $985.02 490 42120 580 036159 CENTRAL HYDRAULICS repair wiper-road g $137.30 101 43120 220 036160 CENTRAL MCGOWAN medical oxygen $33.83 105 42220 210 036161 COLD SPRING ELECTRIC SERVICES replace 150 HPS L $133.20 101 45202 220 036161 COLD SPRING ELECTRIC SERVICES Millstream Park - r $272.44 101 45202 220 036162 CUMMINS NORTH CENTRAL, INC yearly service contr $467.12 602 49450 220 036163 DEUHS, DEEDRA 4 park board meeti $140.00 101 41120 103 036164 EHLERT, CORY 3 park board meeti $105.00 101 41120 103 036165 GANDER MOUNTAIN ammo $31.82101 42120 210 036166 GARAGE DOOR STORE repair garage door $67.99 101 45202 220 036167 GRANITE ELECTRONICS battery & mic repla $67.06 105 42250 230 036167 GRANITE ELECTRONICS repair portable radi $67.06 105 42250 230 036167 GRANITE ELECTRONICS car 4783 repair mic $79.90 101 42152 220 036167 GRANITE ELECTRONICS remove & installlig $1,574.34 490 42151 580 036168 KEEPRS, INC/CY'S UNIFORMS police tape $23.32 101 42120 210 036169 LESNICK, MARGE 5 park board meeti $175.00 101 41120 103 036170 LOSO'S STORE batteries $15.53 101 42120 200 036171 LOSO, ANDREW lawning mowing 16 $350.00 101 43120 300 036172 LOSO, NATHAN 2 council mtgs, 1 pi $150.00 101 41950 103 036173 M-R SIGN CO., INC. street signs & post $1,347.31 101 43120 210 . MINNESOTA TRAVEL MANAGEMENT Lease unit 4448 $864.90 101 42152 210 MINNESOTA TRAVEL MANAGEMENT Lease unit 5556 $338.04 101 42152 210 036174 MINNESOTA TRAVEL MANAGEMENT Lease unit 5244 $888.15101 42152 210 036174 MINNESOTA TRAVEL MANAGEMENT Lease unit 4783 $928.76 101 42152 210 036175 MN DEPARTMENT OF HEALTH 3rd quarter water c $1,318.00601 49440 444 036176 MUSKE, CHUCK 4 park board meeti $140.00 101 41120 103 036177 NAHAN, TOM 4HD HIFI VCR $83.45 490 41950 580 036178 NCPERS GROUP LIFE INSURANCE life insurance-Sept $9.00 101 036179 OFFICE DEPOT binders, paper, tab $52.24 101 41430 200 036180 RADIO SHACK power surge $171.18101 41950 210 036181 SAM'S CLUB tapes, batteries $86.30 101 42120 210 036182 SEH North Corridor Stu $2,270.00 101 43131 303 036182 SEH Additional Well site $2,165.90 434 49440 530 036182 SEH CR ~21lmprovem $490.50 425 43122 530 036182 SEH Municipal State Aid $33.00 101 43131 303 036182 SEH Arcon/Rivers Bend $887.45 101 43131 303 036182 SEH St. Joseph Transp $327.00 101 43131 303 036182 SEH Well field plat $2,681.07434 49440 530 036182 SEH Pilot Study Water $400.00 434 49440 530 036182 SEH New Water Treatm $61,591.00 434 49440 530 036182 SEH Field Street study $890.00435 43120 530 036182 SEH New Water treatm $47,290.00 434 49440 530 036182 SEH Bob Grise $412.00 101 43131 303 036182 SEH Bliss Marketing $345.00 101 43131 303 036182 SEH ISD 742 School Sit $3.00 101 43131 303 036182 SEH River Bats $1,250.00 101 43131 303 036182 SEH 2005 Seal Coat 1m $654.70 490 43120 530 036182 SEH Pilot study for Wat $1,000.00434 49440 530 036182 SEH Graceview 3 $5,961.51 101 43131 303 036182 SEH Callaway Street $150.40 425 43122 530 .SEH Pond view Ridge 7 $811.64 101 43131 303 SEH Stormwater Utility $182.00 101 43131 303 2 SEH Graceview Estates $736.74 101 43131 303 036182 SEH Wobegon Cneter $97.00 101 43131 303 036182 SEH Northland 8 $1,286.54430 43120 530 036182 SEH Pond view 9 $568.00 101 43131 303 --- City of St. Joseph 08/30/059:54 AM Page 2 Bills Payable - Revised Check . Nbr Search Name Comments Amount FUND DEPART OBJ 036182 SEH Cloverdale Improve $3,634.13431 43120 530 036182 SEH Hillstreet & 3rd Ave $12,076.38 433 43120 530 036182 SEH Moringside Acres $680.43 101 43131 303 036182 SEH Northland Heights $72.50 435 49450 530 036182 SEH Northland Heights $14,212.39 435 49450 530 036183 SPRINT 3 mobile unit charg $307.08 101 42151 321 036184 STEARNS COOPERATIVE ELEC. ASSN July usage $47.28 602 49472 381 036184 STEARNS COOPERATIVE ELEC. ASSN July usage $45.50 602 49480 381 036184 STEARNS COOPERATIVE ELEC. ASSN July usage $537.75 101 43160 386 036184 STEARNS COOPERATIVE ELEC. ASSN July usage $295.39 101 45201 381 036184 STEARNS COOPERATIVE ELEC. ASSN July billing $57.98 602 49471 381 036184 STEARNS COOPERATIVE ELEC. ASSN July billing $34.08 602 49473 381 036185 TOWNSHIP OF ST. JOSEPH roadwork on 16th a $3,760.00 101 43120 210 036186 TRAUT WELLS Water samples-Hol $35.00 601 49420 312 036187 VERIZON WIRELESS cell phone $3.22 105 42250 321 036188 WEYRENS, JUDY Reimbursement for $300.00 101 41430 331 036189 XCEL ENERGY July usage $80.63 101 45202 381 036189 XCEL ENERGY July usage $133.38 101 43160 386 036190 ALLIED WASTE SERVICES August Usage $11,157.38603 43230 384 036190 ALLIED WASTE SERVICES August usage $53.73 602 49490 384 036190 ALLIED WASTE SERVICES August usage $53.73 105 42220 384 036190 ALLIED WASTE SERVICES August usage $242.87 101 45202 384 036191 FEDEX ovemight to Mun B $25.76 435 49450 530 036192 MIMBACH FLEET SUPPLY 2" valve, coupler, r $196.43 101 45202 220 036192 MIMBACH FLEET SUPPLY weed kill, $54.38 101 45202 210 036193 MINNESOTA BENEFIT ASSOCIATION Sept coverage $38.84 101 036194 MOBILE VISION radio system for ca $2,954.00 490 42151 580 . $195,630.62 . ---- -----.--- Draft August 4, 2005 Page 1 of 7 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Thursday, Au.gust 4, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Attorney Tom Jovanovich City Representatives Present:, City Engineers Tracy Ekola, Joe Bettendorf, Police Chief Pete Jansky Others Present: Dan Schmitz, Jim Fredricks, Rick Packer, Lutie Wilgren, Chad Carlson Approve AQenda: Rassier made a motion to approve the agenda with the following changes: Move 12a to 9d North east/west corridor study Delete 12b Board of Review Delete 12c Water Ban The motion was seconded by Symanietz and passed unanimously. Consent AQenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 036016-036070 b. Minutes - Approve the Council Minutes c. Capital Purchase - Authorize the purchase of a replacement switcher for the Cable Access Department from Complete Electronics in the amount of $1 ,000.00. d. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the 2005 Hill Street Improvement and authorize payment to RL Larson in the amount of $169,100. . e. Application for Payment - Authorize the Mayor to execute Pay Application #3 Final for the 2004 Test Well Project and authorize payment to Traut Wells in the amount of $1,472.67. f. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the 2005 Cloverdale Improvement and authorize payment to Larson Excavating in the amount of $114,579.53. g. Grant Acceptance - Authorize the Mayor and Administrator to execute a grant agreement between the City of St. Joseph and MN Department of Public safety for Underage Access to Alcohol. The grant is in the amount of $2,000. h. Gambling Application - Accept the Gambling Premise Permit for the St. Joseph Volunteer Firefighters for a fundraiser to be held at the EI Paso on October 21, 2005. The motion was seconded by Rassier and passed unanimously. Public Comments: 0 Tom Petroski, 1407 Pond View Lane E, addressed the Councilors in regards to the watering ban in St. Joseph. He stated that he tried to put in a lawn right before the ban was implemented. He did all of the prep work and then when he heard of the watering ban, he was told to wait to lay sod until the ban had been lifted. He laid the sod anyhow, but stated that 3 hours every other night is not enough to keep the lawn healthy, According to Petroski, St. Joseph is not the only city with this problem. He has contacted other cities such as Sartell and Sauk Rapids. They use the oddleven watering system as well, however they issue permits to those with new lawns. He also contacted several cities in the Twin Cities and they do things a similar way. He stated that it is frustrating to see his neighbors watering freely when there is a watering ban. According to Petroski, he has seven zones and he would need 5 hours of watering time to water each zone for 45 minutes. Petroski is asking the Council to consider issuing permits to residents who have new lawns. . -------------- Draft August4,2005 Page 2 of 7 Colleae of St. Benedict - Variance Reauest. Maximum Curb Cut: Carlbom stated that the College of St. . Benedict is requesting a 6-foot variance on the maximum allowed curb cut in a R1 Zoning District. The College is requesting a larger opening to accommodate the traffic at the Presidents Residence. Previously, the Planning Commission conducted a Public Hearing on the matter and recommended the Council approve the variance as requested. The findings of fact included that since the Presidents Residence was built as an expanded single family residence, unique circumstances apply and the variance should be granted. Jim Fredricks, Facility Management Officer, spoke on behalf of the College of St. Benedict. He stated that it is very exciting to have the President of the College living in the community. The President's Residence will be used primarily for her residence, however approximately 10% of the time it will be used as hospitality suites for the College's donors. Fredricks advised the Council that when they do host functions at the residence, the College does the catering. As a result, there are vehicles entering and leaving the premise at the same time. There is enough room to accommodate 70 people in the house and there is seating for 24 for dinner. Rassier stated that the Planning Commission looked at why the 6' variance should and should not be granted. One reason for which this variance should be granted is that there is no off-street parking along County Road 121. The catering vehicles have to be able to get in and out of the driveway. On the other hand, the City is trying to keep the curb cuts standard in the City and this would deviate from that plan. Fredricks stated that as this project progressed, they found out more about the possible uses for the facility. Rieke made a motion to accept the Findings of the Planning Commission and grant a 6' variance on the maximum curb cut. The motion was seconded by Symanietz. Ayes: Carlbom, Rieke, Symanietz Nays: None Abstain: Rassier Motion Carried 3:0:1 . Councilor Wick arrived. Noise Violation, Dan Schmitz. 111 - 6th Avenue NE: Carbom stated that the Council has received an alleged noise violation for the property located at 111 - 6th Avenue NE. The incident occurred on July 10, 2005. The property owner has been notified of the alleged violation and an evidentiary hearing was not requested, Therefore, the Council must aCknowledge the violation and determine the disposition. Rassier made a motion acknowledging that a noise violation did occur on July 10,2005 at 111 - 6th Avenue NE. The motion was seconded by Symanietz and passed unanimously. There were some questions raised as to the correct address of the violation. The letter that Schmitz received showed 111 - 6th Avenue NE, whereas the Police Report showed 109 - 6th Avenue SE. Chief Jansky was present at the meeting and he verified that the correct address was 111 - 6th Avenue NE. Schmitz approached the commissioners to discuss the alleged violation. He stated that he never received a letter notifying him of the violation. According to Schmitz, he read it in the Newsleader and then followed up with the City. The City Offices were then notified of the incident and a letter was then given to Schmitz. Schmitz also stated that he was told that there was a warning issued in June that he was never made aware of. He made the Council aware of the fact that he was upset about not receiving notice of the warning, as he cannot correct a problem that he is not aware of. Chief Jansky approached the Council to discuss the policy and why things were done the way they were. According to Jansky, the tenants were first given a verbal warning. Not all of the landlords are notified when a warning is given. He admitted that it was his fault that the information was not given to Weyrens in time for her to begin the process. . -' Draft August4,2005 Page 3 of 7 . Rassier made a motion to impose a $150 fine to Schmitz for the noise violation that occurred on July 10, 2005 at 111 - 6th Avenue SE. The motion was seconded by Rieke. Discussion: Carlbom questioned whether or not the same tenants will be living at the residence for the rental license period 2005 - 2006. Schmitz stated that they will be there all year, however the tenants signed a policy stating that if another noise violation were to occur, they would need to vacate immediately. Schmitz asked that this not go on his record. Both Rassier and Carlbom advised him that this would go on his record. Ayes: Carlbom, Rassier, Rieke, Symanietz Nays: None Abstain: Wick Motion Carried 4:0:1 Arcon Development. request for waiver of drainaoe escrow: Previously, the City Council authorized execution of the Development Agreement between the City of St. Joseph and Arcon Development. The Development Agreement included a provision for security of improvements. The Developer, Rick Packer, indicated that he would be completing the development in phases, which the Council agreed to. The Council only agreed to the subdividing of work, not relief of security requirements. Packer has requested relief of the security provisions and this can only be completed by resolution of the City Council. Rick Packer, Arcon Development, approached the Councilors to address his request for waiver of the drainage escrow. He stated that he had had discussions with Weyrens and there were some misunderstandings between them. Due to the many delays, Packer previously advised the Council that he would not be able to complete the project this year. As a result, he was only going to do the grading this year. The issue now becomes whether or not he is to provide a letter of credit for both the grading as well as erosion control or if he can simply provide a letter of credit to cover the erosion control. Packer stated that he has a NPDES Permit with the State, whereas if there any issues that arise, the State would . come and check the site for compliance. Tom Jovanovich, City Attorney, was present at the meeting as well. He stated that he does not normally like to negotiate Developer Agreements. At a staff meeting, it was decided that Packer was going to provide a letter of credit for the grading and erosion control portion of the project, which would be $460,000. Now, he is asking to cut that amount down and only provide a letter of credit for the erosion control portion, which is only $106,000. Packer stated that he misinterpreted the Developer's Agreement when it referred to "mass grading", as he had never seen that before. He also mentioned that Weyrens agreed to allow them to grade for two weeks. According to Ekola, Arcon will be doing both the site grading as well as the erosion control this year. Rassier stated that he drove by the construction site and it appears as if they are doing mass grading as the top sod is already gone and 60% of the black dirt has been moved and removed. Packer advised the Council that Rassier is correct and they are now working on scraping and clearing the lot. Wick questioned Packer on the amount of work that will be done. Packer stated that his is willing to provide an escrow equal to the erosion control costs or $106,000. The work that will be completed is approximately $ 460,000. With this being said, Carlbom questioned Packer as to what he thought "mass grading" meant. Packer advised the Council that he thought it meant grading for utilities or public improvements. Carlbom stated that there seemed to be some confusion on how it was written in the Developer Agreement. The entire Agreement was not available for the Council to refer to. In his defense, Packer stated that agreements don't always make sense. Jovanovich; however, stated that this same Developer Agreement is used in every City that he represents and that this is the first time there is a request to have part of this waived. According to Bettendorf, he hasn't seen this in a long time. Jovanovich asked Bettendorf for his opinion, from an engineering perspective, on the following issue: With this area being cleared so close to the river and the mass amount of dirt that is being moved, can the City clean up the area, if need be, for $106,000? Bettendorf stated that he couldn't assure him that . $106,000 will cover all those costs. Bettendorf stated that we require this same type of escrow from all contractors doing work in the City, even if it is for a public improvement project. Jovanovich stated that -------------- ---- Draft August 4, 2005 Page 4 of 7 Packer signed a Memorandum of Understanding requiring the escrow for the site gradinglerosion control. . The escrow serves as a security for the City in a worst-case scenario, Wick made a motion to keep the Developer Agreement as it is written, required the Developer to comply with the security provision of the same. Further, Administration should verify that the Development Agreement and Memorandum of Understanding have been executed and recorded. The motion was seconded by Symanietz. Carlbom stated that he is still concerned about how this information was written in the Developer Agreement that was signed by both parties. Packer stated that he would like the Council to separate the site grading and erosion control in the Developer Agreement. According to Rassier, the total costs for all of the improvements are $1,200,000, whereas they are only being asked for $460,000. Rieke stated that the timeliness of recording the Developer Agreement should be dealt with at another time. Wick amended the motion to remove the need to verify that the plat and Developer Agreements are filed properly. The motion was seconded by Symanietz and passed unanimously. Northland Heights Lumber One Avon, Northland Heiahts Final Plat: Ekola stated that she has reviewed the final plat for Northland Heights and has one comment. Block 5 Lot 3 & Block 6 Lot 1, the utility easement should be increased to 30' to accommodate the depth of the utility being installed. Carlson of Lumber One Avon agreed to the change. . Rassier made a motion to approve the Final Plat for Northland Heights as recommended by the Planning Commission. Approval is contingent upon the additional 5' easement width between Block 5 Lot 3 and Block 6 Lot 1. The motion was seconded by Rieke and passed unanimously. Lumber One Avon. Northland Heiahts Develooment Aareement: The Council was presented with the . Development Agreement between the City of St. Joseph and Lumber One Avon. Mayor Carlbom and Jovanovich stated that the Agreement is not complete, as sections 4.1, 7,14 and 7,17 have been left blank. Rassier questioned whether or not this matter could be tabled to a future meeting, allowing the Agreement to be completed. Carlson stated that Lumber One would like to begin as soon as possible and requested to be placed on the first available agenda. Rassier made a motion to table action on the Development Agreement until August 6, 2005, allowing staff to complete the Agreement. The motion was seconded by Wick and passed unanimously. Carlson requested the Council consider deferring the assessments for Jasmine Lane until phase two and to allow Lumber One credit for the City required trail through the wetland. The Council deferred this matter to staff for review. Northland Heiahts. Public Imorovement Bids: Ekola stated that the bids were opened on Tuesday, August 4,2005 for the Northland Heights Improvements. The following bids were received: Erin Contracting $ 1,679,133.49 Randy Kramer Excavating 1,789,998.37 SJ Louis Construction 1,974,792.80 JR Ferche Inc 2,068,564,08 Richard Knutson 2,092,882,95 Kuechle Underground 2,128,198.00 RL Larson Excavating 2,129,274.08 Barbarossa & Sons 2,185,075.07 . ------- Draft August 4, 2005 Page 5 of 7 . Ekola reported that Erin Contracting, Coon Rapids, MN was the lowest bidder. Based on the lack of experience with this contractor, SEH contacted their references. Previously, one of the employees owned a company that did work in the City of St. Joseph and that company went under. Ekola stated that she checked with other engineers in cities where Erin Contracting has done work, She received all good comments. Wick questioned how they came in so much lower with their bid. The biggest difference in cost is the dirt work. Bettendorf stated that they must have proposed to do the work at cost because their bid does assume the cost to do the work. Ekola stated that their costs for dewatering were also lower, which she stated is due to the fact that they have their own equipment. According to Ekola, she would rather go with the second lowest bidder because of past experience with them, however, no experience with St. Joseph does not mean that Erin Contracting is not a responsible contractor. Jovanovich stated that the City must accept the lowest responsible bidder. Rassier made a motion to adopt Resolution 2005-18 accepting the low bid of Erin Contracting in the amount of $ 1,679,133.49 for the improvements for Northland Heights. The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS Proposed 2006 Street Improvement Proiect: Ekola stated that they are asking the City Council to authorize SEH to prepare the Feasibility Report for the 2006 Street Improvement Project, which will consist of improving the following streets and replacing water and sewer lines: o 1st Avenue SE & NE (from Baker Street to Hwy 75) o 2nd Avenue SE & NE (from Baker Street to Ash Street E) o 3rd Avenue SE & NE (from Baker Street to Ash Street E) o Able Street E (from 1 st Avenue SE to 3rd Avenue SE) . Rassier made a motion to adopt Resolution 2005-19 authorizing SEH to prepare the Feasibility Report for the 2006 Street Improvement Project. The motion was seconded by Wick and passed unanimously. 2005 Sanitary Sewer Rehabilitation: Ekola reported that the Sanitary Sewer Rehabilitation for the Date Street section was included in the Capital Improvement Plan for 2005 at a cost of $20,600. The section near Birch Street W, however, was not included in the Capital Improvement Plan. It is the recommendation of the public works staff and engineering that this section be included with the 2005 Sanitary Sewer Rehabilitation, Rassier made a motion to authorize SEH to obtain quotes for the 2005 Sanitary Sewer Rehabilitation. The motion was seconded by Symanietz and passed unanimously. North east/west corridor study: Bettendorf reported that last week he met with Judy Weyrens, Dick Taufen, Scott Mareck (APO) and Mitch Anderson (Stearns County) to review the proposals for the corridor study. The North east/west corridor study will consist of realigning County Road 2 from the Interstate to the west of the City west of Hwy 75 and then realigning the north corridor east of the City limits to County Road 3 on the west. After their meeting, it was determined that interviews were not necessary. Proposals were received from SRF, WSB, and Boonestroo, Anderlik, and Associates. The proposals were as follows: 0 SRF $314,406 0 WSB $337,666 0 Boonestroo $349,849 WSB and Boonestroo included the delineation of wetlands in their proposals, which SRF did not. These . are only good for 3 years and cost $7-8,000. SRF did not include that in their proposal, as it is too Draft August 4, 2005 Page 6 of 7 premature at this time. Bettendorf stated that the project budget is $371,000, of which $220,000 will come . from Federal Funds, $118,000 is City responsibility and $33,000 is Stearns County responsibility. Bettendorf also stated that the following two federal studies may need to be completed during the study process: 0 4F: The impact of the project on parks: is there enough crossing at the Wobegon Trail without affecting this, 0 6F: County Road 3 to angle west: taking right of way or taking of parkland (Millstream) where federal money was spent. If this is necessary, it will cost roughly $4,000. Wick questioned if there will be an increase in the amount of traffic to which Bettendorf replied yes. There will also be a Phase 1 Cultural Evaluation done as well, which will look at any historical items such as Indian Mounds. None of the proposals included this, but Bettendorf stated that they will work with MN Dot to accomplish this. If the City uses one of MN Dot's consultants, MN Dot will pay for 80% of the evaluation. A Phase 2 evaluation will be done as well if more detail is needed. Bettendorf stated that he would recommend that the Council award the contract to SRF. Jovanovich advised Bettendorf to put the contract together and then bring it back for Council approval. Rieke made a motion to award the study to SRF upon approval of the contract. The motion was seconded by Wick and passed unanimously. MAYOR REPORTS River Bats: Carlbom reported that the St. Joseph Chamber sponsored St. Joseph Night at the River Bats game on August 1, 2005 to which 550 tickets were sold. . COUNCIL REPORTS SYMANIETZ CGMC Conference: Symanietz reported that she attended the 2005 summer conference, which was held in Moorhead, MN. They discussed items such as bonding priorities, LGA, and the CGMC audit. Next summer the conference will be held in Red Wing, MN, Larry Hosch received an award for Outstanding First Term Legislator. WICK APO Meeting: Wick reported that at the next meeting, which is scheduled for Tuesday, August 9, 2005, Representative Kennedy will be present to award transportation funding in the amount of $16.8 million. They will also be approving some new access management guidelines. Bettendorf stated that he had no problems with the new guidelines. RASSIER Board of Review: Rassier asked that this agenda item be pulled and discussed at their budget meeting scheduled for August 9, 2005. Downtown Committee: Rassier commented that anyone who is a part of the Downtown Committee should keep in mind that the Historical Society is still searching for a building. They have a lot of items, but nowhere to display them. . - - - -------- --.------ Draft August 4, 2005 Page 7 of 7 . RIEKE EDA: Rieke reported that the EDA met on August 3, 2005. Other Matters: Jovanovich reported that he is aware that the City Administrator has a job opportunity and plans to discuss the matter with the Council on August 9, 2005. He stated that the City has grown, but reminded the Council that the amount of administration staff has not and he encourages the Council to discuss the future needs of 51. Joseph with Weyrens. Adiourn: Rassier made a motion to adjourn; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator . . -- ------------- - ------------------- ----- ------ Draft August 18,2005 Page 1 of 4 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Thursday, August 18, 2005 at 7:00 PM in the St. 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: Jennifer Thiehes Approve Aqenda: Rassier made a motion to approve the agenda with the following change: Add 12b Water Ban The motion was seconded by Wick and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 036071-036138 b. Minutes - Approve the minutes of July 7 and July 21, 2005 c. Capital Purchase - Authorize the expenditure of $2,620 from Heartland Door Sales to replace the overhead doors at the old maintenance facility. d. FSA Amendment - Authorize the Administrator to execute the FSA Amendment to not include the IRS Notice 2005-42. e. Development Agreement - 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. The motion was seconded by Rassier and passed unanimously. Public Comments: No one present wished to speak. Public Hearinq - Libertv Pointe. Drainaqe Easement Release: Weyrens advised the Council that 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 be detached, the common area changes. Therefore, the old easement must be vacated and replaced with the new easement. The Council has previously approved the final plat and PUD amendment. The Public Hearing was opened at 7:05 and no one present wished to speak. Rassier made a motion to close the Public Hearing at 7:05. The motion was seconded by Symanietz and passed unanimously. Wick made a motion to authorize the execution of Resolution 2005-20, vacating the drainage easement in the common area of the plat. The motion was seconded by Rassier and passed unanimously. KDV - Audit 2004: Jennifer Thienes, KDV approached the Councilors to discuss the 2004 Audit. She explained that this is a lot later than normal; however this is due to the fact that there have been some significant changes in how the City reports its information. Cities began implementing the change in 1999 and ithas been phased in according to the size of each City. Thienes stated that in the Independent Auditor's Report, there were three items to explain: . 1. The report states that the financial statements are the responsibility of the City's management. Draft August 18,2005 Page 2 of 4 2. KDV conducted and audit of the financial statements, and they gave a clean opinion of the City's . financial statements, 3. The City implemented a new financial reporting model, GASB 34. Thienes reported that on the balance sheet all of the governmental necessities are reported as government activities, Business-type activities include transactions for water and sewer fees. The biggest change on this statement is that under Capital Assets - Infrastructure, all city assets are included. The debts related to these capital assets (Net Assets - Unrestricted) are also included on this balance sheet. She also stated that the Statement of Activities is a summary of all of the City's Funds and their expenses. This statement also takes depreciation into consideration. There was also another Balance Sheet done for all of the Governmental Funds, which is just a different way of presenting the fund information. The Audit also includes a management letter, which provides a financial analysis of all of the revenues and expenditures for the General and Enterprise Funds over the past five years. This analysis showed that the revenues in the General Fund exceeded the expenditures. Thienes stated that the breakdown of General Fund Revenues remained similar to those of 2003. The Enterprise Funds, which include the Refuse, Water, Sewer and Storm Water Funds, have shown consistent performance over the past several years as well, Thienes stated that similar to the General Fund, the expenditures for the Enterprise Funds have increased; however they are proportioned similar to previous years. In conclusion, Thienes reported that the City has a small office staff, which does not create an ideal accounting checks and balance system, however, it is very common in most cities. She also stated that they are required to report any legal compliance findings. In reference to the Park Dedication Fees, they noted that these fees must be put into a special fund. Thienes mentioned that they did offer a few management recommendations as well. There were no questions from the Council members; however Thienes stated that the Council should follow up with City staff to check on the status of the Management . decisions. Wick made a motion to accept the 2004 audit as presented. The motion was seconded by Symanietz and passed unanimously. CITY ENGINEER REPORTS 2006 Trunk Watermain Imorovements: Ekola reported that the 2006 Trunk Watermain Improvements will consist of a 16' pipe extending from Minnesota Street to the proposed Water Treatment Site. The actual route has not yet been determined. At this time, they are requesting approval to proceed with the Feasibility Report. The report will help form an opinion as to the probable costs as well as financing options for the project. Most of the area is not in the City, and as a result, the City cannot use special assessments to fund the project. According to Ekola, the City will most likely have to fund this through trunk fees as land is developed or through WAC fees. Rieke made a motion to adopt resolution 2005-21 ordering the Feasibility Report for the 2006 Trunk Watermain Improvements. The motion was seconded by Symanietz and passed unanimously. Field Street StudY - Additional Work Items: Bettendorf stated that WSB & Associates is requesting additional compensation for the Field Street Study, They are requesting to complete Wetland Delineation and a Traffic Noise Study to help determine which alternative may be the best option, These studies were included as alternatives in the proposal and were not needed at the beginning of the Study. The costs associated with these studies are consistent or lower than the proposal submitted to the City. Weyrens clarified that in anticipation of completing the additional tasks, the funding for the study includes the alternatives. . -- Draft August 18,2005 Page 3 of 4 . Rassier made a motion to authorize WSB to complete the wetland delineation and noise study as identified in the original contract. The motion was seconded by Rieke and passed unanimously. Proiect Updates: Wick questioned the status of the Hill Street Project. Ekola stated that they are working on shaping the gravel on Hill StreeU3rd Avenue. After the shaping is complete, they will begin doing the driveways. According to Ekola, she projected that these items would be done next week. She also advised the Council that a letter was sent to the contractor making them aware of the substantial completion date of September 1. There is also some landscaping work that needs to be done, Carlbom questioned when the street signs/speed limit signs would be replaced, Ekola stated that they need to complete the ditch work first. MAYOR REPORTS School Committee: Carlbom advised the Council that on August 25, the District 742 Facilities Committee will present their findings to the St. Cloud School District Board of Education. Economic Development Partnership Meetino: At the last Partnership meeting, Carlbom reported that they discussed the new Arctic Cat factory that will be relocating to St. Cloud. This will provide 100+ new jobs for the community. He also stated that the St. Cloud Technical College is going to be doing a large expansion to help fill more mechanic jobs in the area. Rieke questioned whether or not we receive any activity reports from the St. Cloud Partnership to which Carlbom replied that he receives them via email. Rieke would like to make that available to the EDA if possible. Carlbom stated that he would check on that to see if this information can be distributed. COUNCIL REPORTS . SYMANIETZ APO Meetino: Symanietz reported that at the APO Meeting, Mark Kennedy was present and he presented them with a check for $16.8 million for critical projects in the St. Cloud area. She stated that St. Joseph will get a small portion of that money. Budoet 2006: Symanietz reported that the City Council began their 2006 Budget Meetings this week. Human Riohts Task Force: Symanietz stated that she attended the Human Rights Task Force meeting and that they made some decisions on how things will be run. They decided that Stearns, Benton, and Sherburne Counties will all be involved in the program. WICK Park Board: Wick stated that the Park Board meeting was changed to the 22"d. Librarv: Wick reported that he applied to be a member at large in the Library Building Committee. He stated that he was not chosen; however he attended the meeting as a citizen. They have chosen the Miller lot as the site for the new library. Field Street: Wick reported that he attended a meeting of the Community Action Group. He stated that they are looking for some additional information on the Field Street Project. RASSIER - No Report RIEKE - No Report . ---- Draft August 18,2005 Page 4 of 4 ADMINISTRATOR REPORTS . Waterina Ban: Weyrens advised the Council that Tom Petroski is asking for the Council to make a determination as to whether or not there will be a change in the Watering Ban. At this time, City Staff is not recommending any changes. Rassier stated that if staff is not recommending any changes, then it should remain the same. Carlbom questioned whether or not Weyrens has checked with other cities to see about their policies on watering bans. Weyrens reported that St. Joseph is the most restrictive with respect to the Watering Ban; however she stated that before Waite Park built their new Water Treatment Facility, they had a total ban for the entire summer including shutting down car washes. Weyrens reviewed the current watering ban stating that residents can water between the hours of 7- 10PM on the oddleven system. Those residents with an odd number address would water on the odd days and those with even addresses would water on the even days. Adiourn: Symanietz made a motion to adjourn; seconded by Rieke and passed unanimously. Judy Weyrens Administrator . . ------- . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3(c) - Assignment of Lease DATE: September 1, 2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Assignment of Lease - Requested Action: Authorize the Mayor to execute the Lease Agreement between assigning the Community Sign Lease to Cory Commercial LLC. PREVIOUS ACTION The City currently has an agreement with Feneis Enterprise for the Community Sign located at CR 75 and College Avenue. The sign was constructed by Feneis and donated to the City with the agreement that he would have the advertising rights for 15 years. The sign is aging and in need of repair and upgrade. The City does not have a desire to own the sign. While the marquee is a display board, it is cumbersome to . use. The sign uses pixels and creating a sign is like counted cross stitch, which is labor intense. We have had problems in the past with connecting to the sign. Previously the Council agreed to turn the sign over to Cory Ehlert, however, it was discovered that the sign is located in the County ROWand the City does not have the authority to turn the sign over without County approval. Mitch Anderson has indicated that the County agreed to the placement for City purposes and would not agree to the sign being owned by a private party. Cory has indicated that the sign will continue to display community messages and he would be responsible for the placement. I turned the matter over to Sue Dege and while the City does not have an issue turning the sign over to Cory, we do not have the legal right to do so. The agreement in your packet at this time is a transfer of assignment from Feneis to Cory Commercial LLC. This agreement still has the City owning the sign, however, Cory will be responsible for the maintenance and display board. Sue Dege has agreed the Sign Lease and requested that one provision be added, which I have done, This provision states that the City makes no warranty regarding title to the property where the sign is located or the condition of the sign. This agreement accomplishes the goal of both the City and the Lesee. RECOMMENDED COUNCIL ACTION Authorize the Mayor to execute the Sign Lease with the additional provision recommended by the City Attorney. FISCAL IMP ACT . The City will not need to budget for the maintenance and repair of the sign. COMMENTS/RECOMMENDATIONS Cory has indicated that once the Council approves execution of the agreement, the sign will receive a . facelift and will have a better appearance, As stated above he will continue to allow the sign to be used for community advertising such as civic groups and birthdays/anniversaries. After this memo was finished Cory indicated that the name Cory Commercial LLC may change, Therefore, I would still like authorization to execute the agreement pending the new name. . . ----------------~- -----~ -----------~ ----------- . "SIGN LEASE" On this.! day of September, 2005 the undersigned CORY COMMERCIAL, LLC having a principal address 110 Division St. Waite Park. MN. 56387. (the "Lessee"), hereby makes application to Feneis Enterprises. Inc., 4067 Pine Point Road. Sartell. MN 56377 (the "Lessor") to lease from Lessor the "Community Events" sign structure including Reader Vision electronic message center model # 40114 located in the City of St. Joseph. MN, upon the terms, provisions, conditions, and limitations as hereinafter set forth: 1. Term and Renewal. This lease shall be effective on the "Effective Date", provided, however, the lease payment provided herein shall commence and be paid in advance on the first day of August, 2005. The initial term of this lease shall be ..M.. months. The lease shall be automatically renewed for successive terms of the same period of time as the initial term unless the Lessor or Lessee shall give written notice to the other party of its intent not to renew, sent by certified mail retum receipt requested, at least ninety (90) days prior to the then current term. All provisions and conditions of this lease shall remain the same during any renewal periods except for the yearly rental fee which shall be $1.00 per vear. 2. Rent and Payment Method. There are four payment methods available. They are: A. Monthly (automatically deducted from checking account, or credit card only) _ B. Quarterly_ C. Semi-Annual XXXX D. Annual - Concurrently with the execution of this lease, Lessee shall pay and Lessor hereby acknowledges receipt of the sum of $ 0.00 which shall be applied to the last two months rent hereunder. No interest shall be paid on any advance rent payment. During the term of this lease, Lessee shall pay to Lessor, at the office of the Lessor stated above, as rental, the sum of $ 2.700,00 semi annuallv on the first day of each semi-annual term of this lease plus applicable sales tax, if mandated by law in the future, except . for the months for which rent has been prepaid as stated above. Should Lessee fail to pay any part of the rent within ten (10) days after the due date, Lessor may charge a late fee equal to fifteen (15%) percent for each month or portion thereof that the payment is late or the lawful contract rate prevailing, whichever is less. See reverse side for additional terms and conditions which are hereby included by reference. IN WITNESS WHEREOF, the Lessee has hereunder set its hand the day and date first above written LESSEE CORY COMMERCIAL, LLC BY~ Its ~ ACCEPTANCE OF SIGN LEASE APPLICATION Feneis Enterprises, Inc., by Richard Feneis, and the Mayor of the City of St. Joseph, hereby accepts Lessee's foregoing Sign Lease Application ,subject to all the terms, provisions, conditions and limitations thereof, the day of 200_ CITY OF ST. JOSEPH FE~~RPRISES, INC. By By ,d .. Mayor President By accepting this application, the City makes no warranty regarding title to the property where the sign is located or regarding the condition of the sign. Initial Initial . ------------- ----- ------- 3. Definitions. A. "City" refers to the City of St. Joseph. B. "Feneis" refers to Feneis Enterprises, Inc. C. "Display" refers to "Community Events" sign structure. D. "Advertiser" refers to the Lessor/business that desires to advertise on the display. E. "Effective Date" means the date this lease is accepted by Lessee and the City of St. Joseph. F. "Advertisement" refers to the removable panel attached to the display that contain I the advertisers layout, design, and colors to be used on display. 4. Approval to Advertise on Display. The City of St. Joseph shall have final approval of layout, design, and colors to be used by advertiser on display. The city shall a 0 have final approval of aU advertisers who desire to advertise on display as well as the frequency, participation, and timing of those advertisers' display. All approvals shall not be unreasonably withheld. 5. Lessee Representations and Warranties. Lessee acknowledges hereby that Lessor is obligated and committed to the City of St. Joseph under an agreement, the tenns of which are incorporated herein by reference. Lessee shall do nothing that conflicts or interferes with Lessor's obligations and commitments to the City of St. Joseph and shall abide by any and all detennination of the City of St. Joseph affecting Lessee and cooperate fully with Lessor in the perfonnance by it or its obligations and commitments with the City of St. Joseph, 6.Possesslon. Lessor, or its assigns, shall retain the possession and ownership of the displays during the entire tenn of this lease. Lessee shall have no right to the possession of the displays, and shall have the right only to have its advertising on displays 7. Lessor's Right to Assign. Subject to its agreement with the City, Lessor and Lessor's assigns shall have the continuing right to assign this lease. 8. Lessee Not to Assign. Lessee shall not assign or sublet this lease or the display space leased hereunder without Lessor's prior written consent. 9. Default Any of the following events shall constitute a material "event of default" by the Lessee: (a) Default in the payment of rent beyond ten (10) days following the date such rent is due; (b) Default in the payment or perfonnance of any other liability, obligation, covenant or representation of Lessee to Lessor and the continuance of such default for ten (10) days after written notice of Lessee, (c) Breach of any of the warranties, certifications or representations made by Lessee herein; (d) Insolvency of; or the making of an assignment for the benefit of creditors by the Lessee or any guarantors of this lease; (e) The institution of bankruptcy, reorganization, liquidation or receivership proceedings by or against Lessee or any guarantors of this lease; (f) Any attempt by Lessee to remove, alter, repair, or take possession of the displays or any attempt by Lessee to sell, assign, encumber or otherwise transfer the sign space or any on thereof or the lease or any portion thereof. 13. Remedies After Default Upon an event of default of the Lessee, Lessor shall have the right to exercise anyone or more of the following remedies: (a) To declare the entire amount of rent and other obligations hereunder immediately due and payable, without notice or demand to Lessee or Guarantor; (b) To sue for and recover all rents and other payments then accrued or thereafter accruing; (c) To remove from displays the Lessee's advertising, which action shall not deprive Lessor of the right to receive all rentals provided herein or to accelerate the payment thereof; (d) To tenninate this lease and be free of any further obligations under this lease; (e) To pursue any other remedy at law or in equity. Lessee shall pay Lessor all costs and expenses, including reasonable attomey's fees incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the tenns, conditions or provision hereof or defending any claim by Lessee against Lessor, if Lessor prevails. Lessor may exercise all remedies simultaneously, pursuant to the tenns hereof and any such action shall not operate to release the Lessee from the obligation to . full amount of the rentals due and to become due and all other sums to be paid hereunder have been paid in cash. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other reme removing the advertising from displays shall not deprive Lessor of the right to receive all rentals provided herein or to accelerate the payment thereof. 10. Manner of Acceptance. The application by Lessee for the lease shall be deemed only an offer by Lessee to Lessor for a lease under the tenns described herein, unless and until accepted in writing by Feneis on behalf of Lessor. Unless and until so accepted by Feneis on behalf of Lessor, the lease shall be non-binding on Lessor. Any contrary act, statement or representation by any person other than Feneis with regard to acceptance of this lease or any other matter shall be invalid and of no effect whatsoever, and Lessee by tendering this offer acknowledges that the only manner in which this lease may be accepted in the manner prescribed herein, then this lease, subject to the limitations expressed, shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs and personal representatives. 11. Entire Agreement. This lease constitutes the entire agreement between Lessor and Lessee with respect to the subject matter of this lease and no representation, agreement or promise of any officer, employee or agent of the Lessor shall in any way affect the obligations of the parties hereto as herein set forth. No tenns or provision of this lease may be changed, amended or tenninated except by written agreement signed by Lessor and Lessee, or their duly authorized representative, 12. Waiver, Failure of Lessor to enforce any right hereunder shall not be deemed a waiver of such right. No covenant, condition or provision of this lease can be waived except by the written consent of Lessor; any such waiver in one instance shall not constitute a waiver of subsequent defaults or provisions. 13. Notice. All notices to be given under this lease shall be in writing and mailed to the other party at the address provided, or at such address as such party may provide in writing from time to time Any such notice mailed to such address shall be effective when deposited in a U.S. Mail depository duly addressed and with postage pre-paid. 14. Captions. The captions in this lease are for convenience of reference and shall not define or amend any of the tenns or provisions hereof. 15. Governing Law. This lease will be governed in all respects, including validity, interpretation and enforcement by the laws of the State of Minnesota. 16. Severability. Any provision of this lease which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or non-enforceability without invalidating the remaining provisions hereof, and any such prohibition or non-enforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent pennitted by applicable law, Lessee hereby waives any provision of law which renders any provision hereof prohibitive or unenforceable in any respect. . ---- - -------- - --------- Page 1 of I Judy Weyrens From: "Susan M. Dege" <SDege@rajhan.com> . To: "Judy Weyrens" <jweyrens@cityofstjoseph.com> Cc: "Barbara A. Zierden" <BZierden@rajhan.com> Sent: Wednesday, August 24, 2005 10:25 AM Subject: RE: sign amendment Judy: The sign lease application does not include any warranties on the part of the City regarding holding title to the property where the sign is located. By accepting this application, the City is not increasing its exposure under the original agreement with Feneis. You may however want to take this opportunity to add in a disclaimer: By accepting this application, the City makes no warranty regarding title to the property where the sign is located or regarding the condition of the sign. If this is typed onto the agreement, it shoould be initialed by Fenies and Cory. Are Fenies and Cory both aware that the City doesn't own the property? D Susan Dege Rajkowski Hansmeier Ltd. 320-251-1055 sdege@rajhan.com . This is a transmission from Rajkowski Hansmeier Ltd. and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify my office immediately at our telephone number (320) 251-1055. ,,.,.--.. , ............ ,_.,_., .." ~_ ... ~ mo,.",,' '. -..... . ----------- .--- --,---- --------------~ Minnesota Lawful Gambling Page 1 of2 11/04 . LG220 Application for Exempt Permit Fee $50 For Board Use Only An exempt permit may be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and Fee Paid awarding less than $50,000 in prizes during a calendar year. Check No. Organization Information Organization legal name Minnesota Deer Hunters Assn Previous license or exemption number, if any Central Minnesota Chapter Street City State and zip code County 6085 32lst St Cloud MN t)6~()~ ~. Name of chief executive officer (CEO) First name Last name Daytime phone number Tim Clement 320-252-6543 Type of nonprofit organization (check one) D Fraternal D Religious D Veteran [X] Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office D Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Gambling Premises Information . Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Benidict's Coll~e - Murrav H;=tll It;() Address (do not use PO box) City Zip code County 37 S. College Ave St Joseph 56374 Stearns Date(s) of activity (for raffles, indicate the date of the drawing) Sent ember 24 2005 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: D "Bingo rn Raffles 0 "Paddlewheels o "Pull-Tabs 0 "Tipboards "Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www,gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form will be made available in alternative Your name and and your organization's name the following: Board members, staff of the format (Le, large print, Braille) upon request. and address will be public information when Board whose work assignment requires that The information requested on this form (and received by the Board. All the other information they have access to the information; the any attachments) will be used by the Gambling that you provide will be private data about you Minnesota Department of Public Safety; the Control Board (Board) to determine your until the Board issues your permit. When the Minnesota Attorney General; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Commissioners of Administration, Finance, activities in Minnesota. You have the right to that you have provided to the Board in the and Revenue; the Minnesota Legislative refuse to supply the information requested; process of applying for your permit will become Auditor, national and international gambling however, if you refuse to supply this public, If the Board does not issue you a regulatory agencies; anyone pursuant to court information, the Board may not be able to permit, all the information you have provided order; other individuals and agencies that are determine your qualifications and, as a in the process of applying for a permit remains specifically authorized by state or federal law consequence, may refuse to issue you a private, with the exception of your name and to have access to the infoimation; individuals permit. If you supply the information your organization's name and address which and agencies for which law or legal order . requested, the Board will be able to process will remain public. authorizes a new use or sharing of information your application, Private data about you are available only to after this Notice was given; and anyone with your consent. --, LG220 Application for Exempt Permit Page 2 of 2 Organization Name 11/04 Local Unit of Government Acknowledgment . If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. D The city approves the application with no D The county approves the application with no waiting period. waiting period. D The city approves the application with a 30 day D The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days, city). o The city denies the application. D The county denies the application. Print name of city Print name of county Signature of city personnel receiving application Signature of county personnel receiving application Title Title Date~_/_ Date ~~- TOWNSHIP: On behalf of the township, I acknowledge that . the organization is applying for exempted gambling activity within the township limits, [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township Signature oftownship official acknowledging application Title Date ~--1_ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and re~53ambling Contr Board within 30 days of the date of our gambling activity. ," ~ / S2J ..- Chief executive officer's signature t,,/ ---- .~. - e ;{~'/-n r"-n r Date K I/O /05 Name (please print) ~/}7 Mail application and attachments Send: Complete an application for each . the completed application, gambling activity: . a copy of your proof of nonprofit status (see instructions), and . one day of gambling activity . a $50 application fee. Make check payable to "State of Minnesota". . two or more consecutive days of gambling activity To: Gambling Control Board . each day a raffle drawing is held 1711 West County Road B, Suite 300 South . Roseville, MN 55113 -~ . I AttachmentlW. or No I REQUEST FOR COUNCIL ACTION DATE: September 1,2005 Maintenance Department Dick Taufen ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Update Band Saw PREVIOUS ACTION Capital Improvement Plan 2004-2005 . RECOMMENDED BOARD ACTION Authorize the purchase of a Band Saw from Grainger in the amount of $2,400 as equipment replacement. FISCAL IMP ACT $2,400.00 COMMENTS/RECOMMENDATIONS Our present saw is in need of repairs, updating at this time to a better saw is the way to go. This was a budget item. . 08/11/2005 13:18 FAX 3202590031 GRAINGER 141002 I QUom Nt1.HB!1R: Division 0' W W Grainger Inc. DA TE: 01/28/03 157 Roosevelt Rd t#300 Phone: 800.570.7471 Saint Cloud, MN 56301 , Fax: 320.255.0959 CUSroHBR: CITY OF ST JOSEPH VALZD ACCO~# : xo: I I NAME: RANDY TO~aERG P1!lONB: FAX: ......... l'tmCBASB OaDER 1llO_ QtTAN'i':tn STOCK' IlESClUft%OII trm~ UNI!E' PRICE ~ /~""-''4YGg1''.."rwm",SAW",_JL~16 tlAY'l'ON 2A ,..,"",.~,_""~.,_,, -,--~.~.$.U.9 0 f' -0 . '''__~_.._.,._____ . "..< "_, . _. ~"~' _,_ _"_.__'. ~_."~,',"."_""'..__. /' 1 lMN22 BAND SAW, MZI.TON '. EA $2,400.00 ~--- ------.. -" -., "'-~., '-.~--~. --~---~-..~ 'V"~"""_~_~_,~,_,_,,_,",,_,_ . 'l'O'l'AL $4,290.00 SPIlCDL!! NOft:$ I DTSTJUl'C'I1IORS, Any Tim.. Any Place. Any Where CiIRAIJlfGEJ!.......- L I . ~------------- . I Attachmentl'lll or No I REQUEST FOR COUNCIL ACTION DATE: September 1,2005 Parks Department Dick Taufen ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Tree Planter for Skid-steer PREVIOUS ACTION Capital Improvement Plan 2005 . RECOMMENDED BOARD ACTION Authorize the purchase of a Tree Planter from Rudolph's Inc in the amount of $996 as equipment replacement. FISCAL IMP ACT $996.00 COMMENTS/RECOMMENDATIONS When we plant trees now, we have to borrow or rent a planter. With the park system we have and the need for trees within the City, I feel this is a piece of equipment that is needed. . --------- Prepared For City of St Joseph Prepared By DOUGLAS A EASTERLUND .,.- Equipment Name: Virnig U-Blade 26" Ball . Equipment Name: Virnig U-Blade 30. Ball Total - .a' Salesperson: X Accepted By: X Rudolph's Inc. is committed to your complete satisfaction before, during and after the . sale. This quote is subject to equipment availability and manager approval. 171(5 IS 7lE SI~ 6~Av)C wC- CJC5Utp t-!~ . Quote Expires: Sap 30, 2005 .-- ----------------- --------- ---------- -----------..- ----- 000000 00000 000 0 00000000 0 000000 00000 000 0 00000000 0 o~ooo~ 00000 000 0 ~~o~o~~~ 0 ~~ o~~~ri~ NN~N~ N~~ ~ ~NNriN~~O ~ ~C N M~~~ ~~ M~ ~~~ ~ ~ ~ ~~ ~ ::::J ::::J mu.. . 000000 00000 000 0 00000000 0 ~ 000000 00000 000 0 00000000 0 Q) O~OOO~ OO~OO 000 0 ~~O~~~~O ~ ~~ o~o~do N~O~~ ~~O ~ ~NNri~~~m ~ EON M'~ ~ to ~ ~ ~M (0 ~..~ m ~ ~ N ~ ~ 0 -0 ~N m 0 ~ ~ ~ ~ W o 00 0 0 00 0 00 0 00 0 00 0 00 0 g ~~ 0 ~~ 0 o M ~~ m N 000 00 00 0 00 0 000 00 00 0 00 0 000 00 00 0 00 0 ~ ~~o ~~ ~~ 0 00 to o ~ M ~~ ~ N 0000 00 00 0 0 00 0 C 0000 00 00 0 0 00 0 ~ 0000 00 00 0 0 ~~ ~ ^ ~ ~~~~ riri riM 0 0 ~~ to .... 0 ~ ~ M M (0 _ N C 0) ~EO) 0000 0000 00 0 00000 0 m 0000 0000 00 0 0 0 0 00 0 ~>o ~ qqqq qqqq qq q q q q qq q - 0 ~~~~ NNN(o MM 0 N ~ ~ ~(O 0 -.... 0 ~ ~ N M ~ m c. N ~ E 0)- . tnOca 000000 00000 000 0 0 0 0 00 0 - 000000 00000 000 0 0 0 0 00 0 . c.~ 000000 00000 000 0 0 0 0 00 0 O~ ~ ~N~O~O NNN~O NN~ 0 N ri 0 ~m ri ....H 0 ~ M ~ N N N m c..- N It)~ o c ~.? 000000 00000 000 0 00000000 0 ".... 000000 00000 000 0 00000000 0 - ~~ q~qqq~ qqqqq qqo q ~~q~q~qq ~ E Om ~MOOOtO OtO~~(O OMM ~ ~N~M~~~M ~ 0) ~Q) ~ N~~M ~ ~M ~ ~ ~ M ~~ 0 C ~> ~ M 0) C) - - - c c: a. Q) Q) Q) _ ~ E EEE 0 c 0 Q) ~ Q) ~ Q) 2.... 0 ....~O>oo ~ E ~Q) ~ ~ .... ~~ee~ 0 Q. a. 3:0 ~ 0> at ~ ~ Q) ~ ro .Ql c.. CD o.Q) > - E c: ........ wro a. ~o~.... > :J ~ffi .c(/)5 ....oo~ c..c.. Q) ....O~ O>o~ 0 ~ ~ ~ > Q)--_ - Q) Q)ro o.C:~_ = W O~Q~~ 3:iiC:Q) ~E 3: %~~.co~iC:Q) ~ E Q) ~ c: ~ 0 .... .... c: ro (/) - Q) 0.... ~ Q)~~ro~ :;;:~~E c:~ _ (/)~~(/)o~E c.. ~ >(/)~ c:c:o. 2- Q) -ro - c:o. _ c:~~~ro ~3:3:~ c:~ Q) ~""~~~3:~ 5 ro~groo ~roro~ Q)~ ~ roE~~Q)ro~ 0 ~(/)c..(/)~ N~~W o~ (/) c..(/)(/)~(/)~W ~ Q) ~(O(OtOtO ~~~ (0 to ~ ~~(O~~~ ~ 00000 000 00 0 000000 m~ 00000 000 00 0 000000 ~m NNNNN NNN NN N NNNNNN ~> ::::J ~ .. c ~ Q) 1; E E 0> 1:: Q) :Q.... m a: Cfil:g,. ~ g. 3: ~ ~ Q) Q) C 0 ~ ~ Q) Q) c: ro ro 3: ~ (/) a.. a.. (/) (/) ----- -----~ . I Attachmentlll or No I REQUEST FOR COUNCIL ACTION Ordinance Amendments DATE: September 1, 2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Ordinance Amendment - General Parking Ordinance and Parking of Semi Trailers, Trailers, Trucks and Truck Tractors PREVIOUS ACTION Chief Jansky addressed the Council and requested that they consider amending the Parking Ordinance to . prohibit overnight parking of trailers on City streets and determine a distance that vehicles must move when parking in a timed area, RECOMMENDED BOARD ACTION Authorize the Mayor and Administrator to execute the Ordinance Amendments causing the same to be published. FISCAL IMP ACT COMMENTS/RECOMMENDATIONS . AMENDMENT TO ORDINANCE 83 . PARKING OF SEMI TRAILERS. TRAILERS. TRUCKS AND TRUCK TRACTORS The City Council for the City of St. Joseph HEREBY ORDAINS: 1. That Ordinance 83 is amended by the inclusion of a new section 83.04 which shall read as follows: "Section 83,04: OVERNIGHT PARKING: No trailer or other object shall remain parked for more than fOlty-eight (48) hours upon any street or alley. Any trailer, which is moved less than one (1) block, shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a Police Officer to determine the length of time a trailer, or other object remained parked." Existing Sections 83.04 and 83.05 shall be renumbered to 83.05 and 83.06 respectively. This amendment is adopted the _ day of ,2005, and shall be effective upon publication. CITY OF ST. JOSEPH . By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2005 L:\city\stjoe\2005 . . AMENDMENT TO ORDINANCE 84 GENERAL PARKING ORDINANCE The City Council for the City of St. Joseph HEREBY ORDAINS: 1. That Ordinance 84.01 is amended to read as follows: "Section 84.01: PARKING. Subd. 1: Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a Police Officer for determining the length of time a vehicle, trailer or other object remained . parked. " This amendment is adopted the _ day of ,2005, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on .2005 L:\city\stjoe\2005 . Council Action - Aoril 21, 2005 . Ordinance Amendment - Parkinq Ordinance: Chief Jansky requested the Council consider amending the Parking Ordinance to prohibit overnight parking of trailers on City Streets and stating a distance vehicles must move when parking in a timed parking area. Jansky requested the following additions: (J Ordinance 83 - OVERNIGHT PARKING: No trailer or other object shall remain parked for more than forty-eight (48) hours upon any street or alley. Any trailer, which is moved less than one (1) block, shall be deemed to have remained stationary. It is unlawful to remove any mark made by a Police Officer to determine the length of time a trailer, or other object remained parked. (J Ordinance 84 - Sub 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in anyone place for a longer continuous period of twenty-four (24) hours, and any vehicle, which is moved less than one (1) block, shall be deemed to have remained stationary. It is unlawful to remove any mark made by a Police Officer for determining the length of time a vehicle, trailer or other object remained parked. Sub 3: Vehicles must be moved one block. Carlbom questioned whether or not the City Attorney has reviewed the proposed amendments. Weyrens stated that the attorney will review the proposed amendment if the Council decides to move forward with the proposed changes. Councilors questioned why vehicles can only be parked for 24 hours whereas a trailer can be parked for . 48 hours. Jansky stated that vehicles are more readily moved. It was the consensus of the Council to forward the amendments to the City Attorney for adoption. . ------- ------------ - - - ---------- ---------- . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DA TE: August 25.2005 Engineering Tyson Hajicek ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2005 Hill Street & 3rd Ave SW Improvements PREVIOUS ACTION Application for Payment No 3. . RECOMMENDED COUNCIL ACTION Approve for payment No.4. FISCAL IMPACT $182,873.48 COMMENTS/RECOMMENDATIONS None. 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(\)1::1t) Q)Q)Z 11.,,1- U) 0 1::~.5o>.~0 ~Q)z f'--::?: (/)> 0:: I- U) -I :E Z ,Ql ~ <D -t (\) (ij t> w .;: ::!: t:::: ci 0 <( ::E o lI}u..o:: ~ 0:: f! 0 e> 0 o..fr ~ I::~ _ 0.....::> -: Q),C u.. <(0.. - w Q) Q) (\) 3: 0._ C 0...."0 W XO en+' 0> Co 0:: -I "0 ~<D""I:: mN:J C1)W Z d~o <( 0 1:::5 0 ~ (/) ::J 8 ffi.....Q C O..,J -=a (I) ~ Zut; b ~ ~ g:6 ~ ~ ~ ~ ffi:j:g~ ffim~~ ffi;u~ <( t;o::~ I- W I- ~ .8 ~ g>:5 I- ~O::~U) ~ooo..oo >()~oo ~ ~Wl- ~~ ~ 0 ~ a.. o~oz <(I- Cl:l 0 a.. 0. 0::;:> :::E: 0 ::) W 0.. . <( 11.00 01- U) 0:: <( -~-~-- -- ---- -~---- - _m ________________________ -- ------ . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DATE: August 25.2005 Engineering Tyson Hajicek, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2005 Cloverdale Area Improvements PREVIOUS ACTION Approved payment No.3, . RECOMMENDED COUNCIL ACTION Approve for payment No, 4. FISCAL IMPACT $20,629,13 COMMENTS/RECOMMENDATIONS None. X:\S\sljoe\common\D39 Req Council Aclion\0405 pml4 082505.doc . ---------- ------ ~ SEH . August 26, 2005 RE: St. Joseph, Minnesota 2005 Cloverdale Area Improvement SEH No. A-STJOE 0405 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens, Administrator St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No.4 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all . copies and distribute as follows: Larson Excavating Contractors, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us, Sincrely, F l' ~'U'-1 C., 'ltlUf}')L----- Tracy L.~kOla, PE City Engineer jmw Enclosures X:\Slsljoe\0405OOIspecslAPL-Q,doc . Sho,"t Elliott Hendrickson Inc., 1200 25th Avenue South, Po. 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"0,::2 >S=- co ~mo Z 0 J: ~ OOz ~ Q) ,!: ~ ~.9 uoO:: f'--::iE "0.. 0:: ~j:: .!2l ~ CI) ~ co ~ U Xo::fr t::d ~~~ o z<( e 0:: ~ 0 e> ~ Co'o jg WOe> c.....;:) 00<00 LL i~ ~ w ~ Q) ~ Q).9'~ Co zouz w XO LLOX. zit) U (/) C c..cU..cen:J ""<t- C O...J 01- o ~::i)( :E 0:: ::J -.!!2 - $ E U cOOl()g Z O3U >-COZ j:: oo.w W 0 ~ 5"0 E'" CI) ~ w~~o wmo~ fa!:::o<c <( w 13 z !:: WI-':::.9 == g> -5 I- t: ..J '<t J: I 00 0.. 00 > U 0.. 00 ~ ~~~ ~ ~~ ~ 8 ~ ~ .a: ~ 5 .,~ 5 ~ ~ ~ ~ . ___u__________________ _ _____ ~-------------- ------ ~----- Page 1 of 4 Judy Weyrens . From: "Moody's Investors Service" <epi@moodys,com> To: <jweyrens@cityofstjoseph.com> Sent: Friday, August 26,20053:15 PM Subject: St. Joseph (City of) MN MOODY'S ASSIGNS Baal RATING TO THE CITY OF ST. JOSEPH'S (MN) $3.1 MILLION GO IMPROVEMENT BONDS, SERIES 2005C AFFIRMATION OF Baal RATING AFFECTS $15.13 MILLION OF OUTSTANDING PARITY DEBT, INCLUDING CURRENT THE ISSUE St. Joseph (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Improvement Bonds, Series 2005C Baal Sale Amount $3,100,000 Expected Sale Date 09/01/05 . Rating Description General Obligation Unlimited Tax NEW YORK, August 26, 2005 -- Moody's Investors Service has assigned a Baal rating to the City of St. Joseph's (MN) $3.1 million General Obligation Improvement Bonds, Series 2005C. Concurrently, Moody's has affirmed the Baal rating assigned to the city's outstanding parity debt, affecting $15.13 million, including the current issue. The bonds are secured by the city's general obligation, unlimited tax pledge. Proceeds will be used to help finance improvement projects for the Northland Heights Addison development. The Baal rating reflects the city's limited but growing tax base, healthy operating reserves that provide substantial cushion for contingencies, and a high yet manageable debt burden with rapid principal amortization. LIMITED BUT GROWING TAX BASE; SIGNIFICANT UNIVERSITY POPULATION PRESENCE Moody's anticipates continued tax base expansion due to the city's favorable location five miles west of St. Cloud (rated Aa3) just off Interstate 94. The city's full valuation, currently $231 million, has increased at a rapid annual average rate of 18.7% over the last five years. The 2000 population, 4,681, has increased 42% since 1990. The current estimated 2005 population is 5,438. Moody's expects annexation to continue to provide the impetus for the city's growth in the future, due to limited development potential remaining within the city proper, unincorporated land bordering the city, and ongoing . annexation petitions by existing property owners. The approved commuter rail connecting the region to the Twin Cities is expected to prompt further regional development and growth, The city and township of St. Joseph signed and adopted a joint merger/consolidation agreement in 1998 that will 8/27/2005 Page 2 of4 consolidate the majority of the township with the city in 5, 10, 15, and 20 year increments. Wealth levels are lower than state averages partially due to the large student population (approximately 2,000) attending the College of St. Benedict (rated Baa2) and St. John's University (rated A2). Steams County It (rated AI) unemployment rates, 3.9% in June 2005, tend to approximate that of the state and are well below national levels. HEAL THY OPERATING RESERVES PROVIDE CUSHION FOR CONTINGENCIES The city is expected to maintain healthy reserves due to demonstrated prudent management. Largely due to state funding reductions ($126,000) and increased capital spending, the city ended fiscal 2003 with a $271,000 operating deficit, drawing reserves to $1.2 million, or a still healthy 66.2% of General Fund revenues. The city began to offset state aid reductions by reassessing capital projects, reducing incremental costs, and implementing storm water and utility franchise fees. Fiscal 2004 ended with a $43,000 surplus, increasing the General Fund balance to $1.25 million or 62.9% of General Fund revenues. City officials anticipate essentially balanced operations in fiscal 2005, but Moody's believes the city's historically conservative budgeting practices will continue and lead to favorable variances. Officials expect to continue maintaining at least six months of expenditures as reserves. Beginning in 2006, the city will enter into a Joint Powers Agreement with St. Cloud and other surrounding municipalities that will exercise a 1/2 cent Local Option Sales Tax Option. Estimates of the projected revenue are unavailable at this time, but the city anticipates funding community improvement projects with the proceeds. Core revenues are fairly evenly distributed between property taxes, intergovernmental aid, and special assessments. The special assessments . support a large portion of debt service. HIGH YET MANAGEABLE DEBT BURDEN WITH RAPID PRINCIPAL AMORTIZATION Moody's believes the city's high debt burden, at 6.9% (direct 6.5%), will remain manageable primarily due to continued tax base growth and support from water revenues and special assessments for street improvements. Over 75% of the city's direct debt is funded from special assessments thus mitigating pressure on the general tax levy. The city anticipates bonding for a new water filtration plant in November 2005 (approximately $4 million), that will also be supported through user fees and service fees, Additionally, principal amortization is rapid with 83.8% retired in 10 years, KEY STATISTICS 2000 V,S, Census population: 4,681 2005 population (estimate): 5,438 2004 full value: $231 million Full value per capita: $49,335 1999 Median family income: $44,737 (78.7% of state) . 1999 Per capita income: $12,011 (51.8% of state) 8/27/2005 --------- Page 3 of 4 2000 Median housing value: $93,800 (76,6% of state) . Steams County unemployment (June 2005): 3.9% Overall debt burden: 6.9% Direct debt burden: 6.5% Amortization of principal (10 years): 83.8% 2004 General Fund balance: $1.25 million (62.9% of General Fund revenues) Post sale parity debt, including current this issue): $15.13 million ANALYSTS: Siravich Krasaeath, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1653 . Copyright 2005, Moody's Investors Service, Inc. and/or its licensors including Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAYBE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT, All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information, Under no circumstances shall MOODY'S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or . otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such 8/27/2005 Page 4 of 4 information, or (b) any direct, indirect, special, consequential, compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. The . credit ratings and financial reporting analysis observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein, and each such user must accordingly make its own study and evaluation of each security and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. MOODY'S hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MOODY'S have, prior to assignment of any rating, agreed to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from $1,500 to $2,400,000. Moody's Corporation (MCO) and its wholly-owned credit rating agency subsidiary, Moody's Investors Service (MIS), also maintain policies and procedures to address the independence of MIS's ratings and rating processes. Information regarding certain affiliations that . may exist between directors ofMCO and rated entities, and between entities who hold ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than 5%, is posted annually on Moody's web site at www.moodys.com under the heading "Shareholder Relations - Corporate Governance - Director and Shareholder Affiliation Policy." Moody's Investors Service Pty Limited does not hold an Australian fmancial services licence under the Corporations Act. This credit rating opinion has been prepared without taking into account any of your objectives, financial situation or needs. You should, before acting on the opinion, consider the appropriateness of the opinion having regard to your own objectives, financial situation and needs. . 8/27/2005 - - -- -- . EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA HELD: SEPTEMBER 1, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of St. Joseph, Stearns County, Minnesota, was duly called and held at the City Hall on September 1,2005, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $3, 1 00,000 General Obligation Improvement Bonds, Series 2005C of the City. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: . RESOLUTION NO. 22 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C, PLEDGING FOR THE SECURlTY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City ofS1. Joseph, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $3,100,000 General Obligation Improvement Bonds, Series 2005C (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 429 and 475, to fmance various public improvements within the City (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9), and proposals to purchase the Bonds have been solicited by Northland; and . 1800158v2 D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received . by the Administrator-Clerk, or designee, at the offices of Northland, at 11 :00 A.M. this same day pursuant to the Notice of Sale established for the Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City CmUlcil of the City of St. Joseph, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds, in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Administrator-Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2005C", shall be dated September 1, 2005, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in the . denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature, without option of prepayment, on December 1 in the years and amounts as follows: Year Amount 2007 $740,000 2008 765,000 2009 785,000 2010 810,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entrv Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of . 2 1800158v2 ------- ---------- . complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other fmancial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken . by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph IO hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments . with respect to the principal of and premium, if any, and interest on such Bond and all 3 1800158v2 -- --- ---- notices with respect to such Bond shall be made and given, respectively, by the Bond . Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations ") , (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under . this Resolution and any paying agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is . 4 1800158v2 - _____n__ . willing and able to assume such functions upon reasonable or customary terms, or if the City detennines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Pw:pose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements . proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 1,2006, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Year Rate 2007 % 2008 2009 2010 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or . 5 I 8001 58v2 record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this . resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: . 6 . 1800158v2 . UNITED STATES OF AMERICA STATE OF MINNESOTA STEARNS COUNTY CITY OF ST. JOSEPH R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2005C INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % DECEMBER 1,20_ SEPTEMBER 1, 2005 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay . interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 1,2006, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defmed therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the . 7 1800158v2 ~~------_._------ book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of . the Depository or its Nominee. No Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their maturity. Issuance: Pw:pose: General Obligation. This Bond is one of an issue in the total principal amount of $3, I 00,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on September I, 2005 (the "Resolution"), for the purpose of providing money to [mance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2005C Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. . Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name ofthe transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees UDon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 8 . 1800158v2 . Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of St. Joseph, Stearns County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator-Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: NORTHLAND TRUST . SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. BOND REGISTRAR'S CITY OF ST. JOSEPH, CERTIFICATE OF STEARNS COUNTY, Mll{NESOTA AUTHENTICATION This Bond is one ofthe Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. NORTHLAND TRUST SERVICES, INC. /s/ Facsimile Minneapolis, Minnesota Administrator-Clerk Bond Registrar By Authorized Signature . 9 1800158v2 ABBREVIATIONS . The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT.- as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: . Notice: The assignor's signature to this assigmnent must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) . 10 1800J58v2 . 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Administrator-Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator-Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different . Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1,2005. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, suqject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon . surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 11 1800158v2 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond . Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City, All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer, Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator-Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in . exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payments and Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteen (15th) day ofthe calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 12 . 1800158v2 . 14. Delivery~ Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator-Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2005C Fund" (the "Fund") to be administered and maintained by the Administrator-Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon and any amount paid for the Bonds in excess of the minimum bid and less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied . or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption ofa resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery ofthe Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before , 2006); (v) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (vi) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vii) all investment earnings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly . available and are appropriated by the governing body of the City to the Debt Service Account. 13 1800158v2 The Debt Service Account shall be used solely to pay the principal and interest and any other . general obligation bonds of the City hereafter issued by the City and made payable from said acconnt as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) in addition to the above in an amount not greater than the lesser offive percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 1 49(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every . assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement fmanced hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: . 14 1800158v2 . Improvement Collection Designation Amount Levy Years Years Rate Northland Heights Addition Improvements $ % - At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax 1m Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will . produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States . 15 1800 158v2 Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the . "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Pr~ject"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of$100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of . the Bonds or any of the other types of expenditures described in Section 1.150-2( d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds . 16 1800158v2 -- . of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. A certified copy ofthis resolution is hereby directed to be filed with the County Auditor of Stearns County, Minnesota, together with such other information as the County Auditor shall require, and there shall be obtained from the County Auditor a certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. . 24. Tax-Exempt Status of the Bonds: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1. 148-7( d)(1) ofthe Regulations. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; . 17 1800158v2 ------------------------ (d) the reasonably anticipated amount of tax-exempt obligations (other than private . activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2005 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2005 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Northland Trust Services, Inc., Minneapolis, Minnesota, on the closing date for further distribution as directed by Northland. 27. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution, 28. Headings. Headings in this resolution are included for convenience of reference . only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption ofthe foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 18 . 18001S8v2 -~ ----------- - ----------- . STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH I, the undersigned, being the duly qualified and acting Administrator-Clerk of the City of St. Joseph, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $3,1 00,000 General Obligation Improvement Bonds, Series 2005C. WIlNESS my hand on September 1, 2005. Administrator-Clerk . . 19 1800158v2 ------ I I PRELIMINARY OFFICIAL STATEMENT DATED AUGUST 22,2005 NEW IsSUE BOOK-ENTRV ONLV e BANK.QUALlFIED MOODY'S INVESTORS SERVICE RATING: - With respect to the $3,100,000 General Obligation Improvement Bonds, Series 2005C, dated September I, 2005, (the "Bonds'J it is the opinion of Briggs I and Morgan, Professional Association, Bond Counsel, based on present federal and Minnesota laws, regu1ations, rulings and decisions, at the time of their issuance and delivery to the original purchaser, interest on the Bonds is excludedfrom gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross and taxable net inco",e for purposes qf State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on curporations and financial institutions.) Interest on the Bonds is not an item of tax preference for I purposes of the alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account for the purpose of determining a4justed current earnings[or purposes of computing the federal alternative minimum tax imposed on corporations. No opinion will be expressed by Bond Counsel regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. See "Tax Exemption" herein for additional information. I CITY OF ST. JOSEPH, MINNESOTA $3,100,000 I General Obligation Improvement Bonds, Series 2005C Dated Date: September 1, 2005 Interest Due: Each June 1 and December 1 Commencing June 1, 2006 I Amount Rate Maturity Yield PriCe Amount Rate Maturity Yield Price $740,000 % 12/01/07 % $785,000 % 12101/09 % 765,000 12101/08 810,000 12101/10 I Bonds are NOT subject to redemption and prepayment at the option of the Issuer. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, as amended. Proceeds will be used to I provide money to fund the Northland Heights Addition improvements. See Authority and Purpose herein for additional information. Bonds will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Ie Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of Bonds. See "Book-Entry System" in Description of Bonds herein for additional information. Principal and interest are payable by the Issuer through the Paying Agent and Registrar I (Northland Trust Services, Inc., Minneapolis, Minnesota) to DTCor its nominee as registered owner of the bonds. Proposals: Thursday September 1, 2005 11:00 AM, Central Time I Award: Thursday September 1,20057:00 PM, Central Time Proposals may contain a maturity schedule providing for any combination of serial or term bonds. All term bonds shall be I subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above ata price of par plus accrued interest. Proposals must be for not less than $3,062,800.00 and accrued interest on the total principal amount of the Bonds, and must I be accompanied by a certified or cashier's check or a Financial Surety Bond in the amount of $62,000, payable to the order of the District. Award ofthe Bonds will on the basis of True Interest Cost (TIC). I Financial Advisor to the Issuer: NORTHLAND_SECURITIES 45 South 7lh Street I Suite 2500 Minneapolis, MN 55402 800-851-2920 I .e I - -,--- c.----=_-....,.--",-_ ~_ ~~- ==-~~--==-- =. -~.-=.,,- ':T'~ ~ . .HI. - --------=- 0- -=-T"" - - . -. l r_~. i~ ~~ -~- ! - ---- -- - ~ - - - - - t - H-~- "~ f-- i- "I I. I r ,c~__ . . f_ II J~ . t - ! H ; el. l . i c--,~_ [ -, ~ f I !~~~: } I ,I I - I .,. c., . r1 .I~ . 1 ,.~ ~_ . ! I II :;-c-,_. :- ! I ~! - . 'I I ! -:'.';- . l I t _~~:I _~ ( I' . , I - t II I . , --cl~ II f' i . f L I- II 1- ~ I, .'.. ~ f 'If f- - - --- f- Il I '-I -.;I~ . l r i .11 - i r I, ri i I -~I; - H i I- f f r.l~ ~ n I- i! r If i It i . ' ~ f l I i; .,., ~.., I if . i- II 1- ~ l f r -- - - t It I - I I, ( 'If. --I~ - i----! II - - :: r f t I i" :!- ~ r f ~ cf'lf t -J -\ t I t t j -I~ II ~ _-lE--= t- It l l-l I I! t f .',1-- f.t r l rf i :';' . !I J- ~ I I If I H ~~; ;~ [ n T 1, 'fl. r If t - II t i to! I 'I . - , [ I ~ r i~ ~ . II I - t !. - I CITY OF ST. JOSEPH, MINNESOTA .' MANAGEMENT'S DISCUSSION AND ANALYSIS December 31,2004 I Capital Assets and Debt Administration I Capital assets. The City ofSt. Joseph's investment in capital assets for its govenunental and business type activities as of December 31, 2004, amounts to $24,814,029 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, furniture and office equipment, infrastructure, and construction in I progress. Most of the increase in the govenunental activities is attributable to street construction and infrastructure improvements. The increase in business type activities occurred due to the extension of water and sewer utilities in the Orderly Annexation Area. I The City has a significant level of outstanding commitments for capital expenditures at year end. These commitments are detailed on page 52 in the notes to the financial statements. CAPITAL ASSETS (Net of Depreciation) I Governmental Business I Activities Activities Total Land $ 346,258 $ 17,937 $ 364,195 I Buildings 1,922,528 64,748 1,987,276 Infrastructure 4,014,581 - 4,014,581 Improvements 232,462 10,647,949 10,880,411 .1 Machinery and equipment 972,372 104,385 1,076,757 Construction in Progress-Land 3,014,703 3,476,106 6,490,809 I Total $ 10,502,904 $ 14,311,125 $ 24,814,029 Additional information on the City of St. Joseph's capital assets can be found in note 5 on pages I 42-44 of this report. Long-term debt. At the end ofthe current fiscal year, the City of St. Joseph had total bonded I debt outstanding of$12,145,000 of this amount, $9,470,000 comprises debt backed by the full faith and credit of the government. The remainder ofthe City of St. Joseph's debt represents bonds secured solely by specified revenue sources. I OUTSTANDING DEBT (General Oblieation and Revenue Bonds) Governmental Business I Activities Activities Total General Obligation $ 1,220,000 $ 1,220,000 I G,Q, Special Assessments 8,250,000 8,250,000 Revenue Bonds 1,450,000 1,225,000 2,675,000 I Total $ 10,920,000 $ 1,225,000 $ 12,145,000 ., 13 I I ,-...,-..... ---....-- I ~~~OO~M~ ~~-~m ~ ~O~__~l~ m-Q m M~~OO~O~~ -~O~~ N ~NOO~M~ _ ~~~ ~ N~~f'--O~~O "<t~-N~ ~ ~O~~~ ~ ~~N ~ ~~~~~~~~ ~~~~~ ~ ~~~~~~ ~ ~~~ ~ . ~~~M~M~~ ~-MN- M -~~O ~ N O~~ ~ ~ ~~~N-~~~ ~ -00 ~ 00 ~N ~ ~ ~~~ ~ ~ ~~ ~ ~ - N N I vi1 ~ '" :1 '" I:: '" ~<( I 0........' 'I t 0\ lI)-V 0'\ 0\ 1'00 'OO'>t- lrl-\O t"'-- ~~ -~OOOM M M M~- OO~~ ~ ...--~4 ~ ~~~~~ ~ ~ ~~~ ~~~ N ~.E~&E ~~~~~ ~ ~ ~~~ ~~~ ~ 5~.=~.~ ~ -00 00 q~ ~q~ 0 0.. ~f-t> O\V)~ \0 I g~m <( - oU ~ ~ z-o t:: ro ~~...--...-- _~ O\-.::tlf')OO..q-('I'<:;t I t I I '<:;t \t")o(-..ro')-I..O'l:::t('l V I..q- N 3 ~~~~b~~~ ~ ~8~~~~~~ 00 00 ~ I 5~ ~OO~OO~N~~ ~ ~~~~N~MOO 00 00 0 E~ ~~~M~~~~ ~ -~~~ -m<'l N N 0 E.~ ~~-M~a~~ ~ 00 ~- ~~- ~ q ~ o~...... ~ ~ ~ > 0 0<( o I ~ ~ tf.l - I r- ~ I ~ Vl 00 I 00 .......... "("'f) -~.~ ~ ~~ ~ ~~ ~~ ~ ~;] i~ ~ ti ~i i I .",. ~ t:: .- o. l") -..t, - N - "<t 0- g U~~ _ '" 00 _ u ~ ~ (/.)- '" ~~ '" to;! ~ J... ~ I ...... f-c OJ ii U) C"lO\M\D I I...... I I I I ...- ~o ~ >00-01:: 00000 0 0 ~~ ~E vl::1::2 q~~q ~ ~ ~~ ~~ ~~~~ -OooM N N ~= ~v Ero~~ l")"<t -..t 0- UQ bl::'c - - - ..,~ ~'C roOEc .~ ~v 0 00 '" I. f-<.....- 0 'C .... U ~ ~ 00 ~~ t:: ~ S'" ~o ~~ Eo'" ou 1.5; .... ~o-..-..t "00 "<too~oo~ ~~ U'.l~~ -0 >a ~~ ~~ ~~ 00 N ~~g~~ ~ ~<~ ~ c~ ~- ~~ oo~ ~ ~ ~~oo~~ v u~~ ~ I u~ ~~ ~t ~~ 0 l") 0-00 00 "<t 0 ~ t::~O:: 2 ~ <~ ~o -M ~ ~ N~- ~ ~ ~~_ ~~ ~ ~~ ~~ - ~u~ '" ~~~ oo~ U ~ ~ ~~ ~~~ ~ 'ag-s ~ ~ .. 0 t:: I--l 0 tIJ C [I) t:: t:: ....-. ~ ~ Q.) "0 4.) C> tf.I .....::j.- --...... l-o ~ ::l ro E v OJ <( 00:u- 00 -0 I:: o OON~~O~N~ O-~N~ ~ c~v~ooo~~~ v ~ C v I ~ 00 l") N ~ ~ 0 ~ 'D l") 00 0- 0- 0- 'D v;>:, tl --"E I:: '0 '- v al <( m U1 E n ~~~qq~~~ ~~~~~ ~ tEc<~o~~Z ~~~ ooH ~ -O~~NM~N -NN~~ ~ ~~-vu~ c~ ~._~ ~~ V -~~~~M~~ ~M~M~ N o~~~.a ~.- lObo Q.)~ ~~~- M~~ M~~ ~ ~ ~~~-~0 ~o ~~~ ~~ >< ~ '<t b~ ~ ~~ <(....~ ~:a (.LJ t:: Cd +-& 0.- ...... +-> lU ..c lU -.... l1.) qJ 4... I ~ "" " u z3::z Z j ro to I ] @ v .... '" ~ I tIJ ~ ~ 5 v -- ~ -- E ..... .... ...... ~ ~ '> @ -> B ~~ 0 ~~ ~ ~<( <( c<( _ 0- v ll)v , c:>-' I:: .. ~ -- E t:: v in f- '- f-< '" wt: ~ 0 I VI t:: V v CIS P- f-t S _~ tf.I > tr'J ._ ~E Co 'E ~ ~ o~ ~ '" ";;: EO" 00 v > t:: 0 t:: V e~v ~~>~g> ~ t .~ -~ ~ <u3>o~ ~~~~ ~ ~ ~~ 5::l 0 6b~o~~"OI--<I:; V 'c... 0 ~~ 000: ....., I 0 OJ'' '" ~ @.~ 0 5 OJ g. ~ ~ OJ f-< ~ ~c~~o~g~~o ~~~v~o 0 U}vo:.::::.:::.ac_~ef-1 to..>:=::ggr- Z . 5ES5~~30~!! ::l~t::<+:<o v -- ,....::l::l 0 I:: v > ro v ~ ..c I ~~v~~UU1U_ ~~~o::~ f-< ~ 0 ~ 17 I I .- I Debt Service I I 328 I I 331 I G.O, G,O. Other Total Improvement Refimd.ing Bonds Governmental Governmental I Bonds of2003 of 1997/2003 Funds Funds $ $ 60,830 $ 3,029,248 $ 5,349,665 I 2,808 1,081 3,397 18,291 207,892 303 229,067 I 678,549 403,473 3,211,276 - 23,196 94,471 400 11,207 24,808 301,995 487 103,195 448,425 I 64,775 64,775 $ 1,191,244 $ 62,798 $ 3,638,794 $ 9,440,778 I $ 112,917 $ - $ 425,589 $ 538,506 .1 - 390,388 506,404 - - 55,3 00 889,249 1,081 441,673 3,493,134 I 1,002,166 1,081 1,257,650 4,593,344 189,078 61,717 1,407,980 2,621,609 I - 30,275 30,275 I - - - 486,561 - - 1,367,746 1,367,746 I - - - 766,100 (19,410) (19,410) I - - (10,025) (10,025) - - (395,422) (395,422) 189,078 61,717 2,381,144 4,847,434 I $ 1,191,244 $ 62,798 $ 3,638,794 $ 9,440,778 I 19 ., I ------------- I I. CITY OF ST. JOSEPH Stearns County, Minnesota I RECONCILIATION OF THE STATEMENT OF NET ASSETS - BUSINESS-TYPE ACTIVITIES For the Year Ended December 31, 2004 I Total Fund Net Assets - Business-Type Activities (Restated) $ 15,342,277 I Amounts reported for govermnental activities in the Statement of Net Assets are different because: I The Trunk Sewer Capital Project Fund is proprietary in naure and relates to water and sewer improvements for the applicable funds. I Therefore, it is included as a business-type activity. 751,980 Total Net Assets - Business-Type Activities $ 16,094,257 I I I. I I I I I I I I erhe Notes to the Financial Statements are an integral part of this statement. 21 I I .- I Debt Service I I 328 I I 331 I G.o. G.O. Refunding Other Total I Improvement Bonds of Governmental Governmental Bonds of2003 1997/2003 Fllllds Funds $ 48,525 $ 83,443 $ 214,471 $ 809,330 I - - 67,020 67,020 342,914 440,062 1,198,426 I - - 249,222 6,386 5,178 142,528 1,016,273 - 504,955 825,294 I - - - 65,070 10,593 34,917 67,594 207,719 408,418 123,538 1,436,630 4,438,354 I - - - 358,823 .1 - - 980,315 - - 33,465 389,313 - - - 113,020 - - 92,070 92,070 I 685,000 995,000 450,000 2,637,194 55,973 85,420 168,631 511,324 I - 1,768,194 1,802,783 740,973 1,080,420 2,512,360 6,884,842 (332,555) (956,882) (1,075,730) (2,446,488) I - 2,731 I 870,000 870,000 - 105,821 160,221 - (48,800) (154,621) I 927,021 878,331 (332,555) (956,882) (148,709) (1,568,157) I 521,633 1,018,599 2,529,853 6,415,591 $ 189,078 $ 61.717 $ 2,38U44 $ 4,847,434 I 23 ., I I I. CITY OF ST. JOSEPH Stearns County, Minnesota I RECONCILIATION OF THE REVENUES, EXPENSES AND CHANGES IN NET ASSETS - BUSINESS-TYPE ACTIVITIES For the Year Ended December 31,2004 I Total Net Income in Fund Net Assets - Business-Type Activities $ 925,206 I Amounts reported for govenunental activities in the Statement of Activities are different because: I Recognize current year activity from the Trunk Sewer Capital Project Fund with the business-type activities. 432,605 I Change in Net Assets - Business-Type Activities $ 1,357,811 I I I. I I I I I I I I.The Notes to the Financial Statements are an integral part ofthis statement 25 I I CITY OF ST. JOSEPH .1 Stearns County, Minnesota COMBINING STATEMENT OF NET ASSETS- PROPRIETARY FUNDS I December 31, 2004 I 601 11 602 I I Other Sanitary Proprietary I Water Sewer Funds Total ASSETS: Current Assets: I Cash and Investments $ 982,534 $ 676,943 $ 345,250 $ 2,004,727 Special Assessments Receivable - Deferred - 85,114 - 85,114 Accounts Receivable 44,654 167,210 36,358 248,222 Interest Receivable 4,390 2,794 1,672 8,856 I Total Current Assets 1,031,578 932,061 383,280 2,346,919 Noncurrent Assets: I Capital Assets: Land 12,996 4,941 17,937 Construction in Progress 1,299,736 1,373,360 803,010 3,476,106 Plant and Lines 5,358,013 5,627,266 1,989,615 12,974,894 I Buildings 517,983 517,983 Machinery and Equipment 86,564 183,420 - 269,984 Total Capital Assets 6,757,309 7,706,970 2,792,625 17,256,904 .1 Less Accumulated Depreciation (993,020) (1,696,354) (256,405) (2,945,779) Net Capital Assets 5,764,289 6,010,616 2,536,220 14,311,125 Total Assets $ 6,795,867 $ 6,942,677 $ 2,919,500 $ 16,658,044 I LIABILITIES AND NET ASSETS: Current Liabilities: I Accounts Payable $ 2,310 $ 13,738 $ 10,832 $ 26,880 Accrued Salaries and Related Benefits 31,610 21,964 5,967 59,541 Interest Payable 2,157 2,189 - 4,346 Long-Term Liabilities Due with One Year 85,000 25,000 110,000 I Total Current Liabilities 121,077 62,891 16,799 200,767 Noncun"ent Liabilities: I Bonds Payable 660,000 565,000 - 1,225,000 Less Amount Due within One Year (85,000) (25,000) (110,000) Total Noncurrent Liabilities 575,000 540,000 - 1,115,000 I Total Liabilities 696,077 602,891 16,799 1,315,767 Net Assets: Invested in Capital Assets, Net of Related Debt 5,104,289 5,445,616 2,536,220 13,086,125 I Unrestricted 995,501 894,170 366,481 2,256,152 Total Net Assets 6,099,790 6,339,786 2,902,701 15,342,277 Total Liabilities and Net Assets $ 6,795,867 $ 6,942,677 $ 2,919,500 $ 16,658,044 I The Notes to the Financial Statements are an integral part of this statement. 27 ., I I I. CITY OF ST. JOSEPH Stearns County, Minnesota STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS I For the Year Ended December 31,2004 I I 601 II 602 I Other Sanitary Proprietary Water Sewer Funds Totals I CASH FLOWS - OPERA TfNG ACTIVITIES: Receipts from Customers and Users $ 266,652 $ 243,573 $ 229,202 $ 739,427 Payments to Suppliers (116,738) (175,145) (105,622) (397,505) I Payments to Employees (94,717) (70,830) (35,994) (201,54 I) Net Cash Flows - Operating Activities 55,197 (2,402) 87,586 140,381 CASH FLOWS - NONCAPIT AL FINANCING ACTIVITIES: I Transfer from Other Funds 23,400 23,400 Transfer to Other Funds - (29,000) (29,000) Net Cash Flows - Noncapita1 Financing Activities 23,400 (29,000) (5,600) I CASH FLOWS - CAPITAL AND RELATED FINANCING ACTIVITIES: Bond Principal Payments (80,000) (25,000) (105,000) I Bond Interest and Fiscal Agent Fees (27,893) (27,388) (55,281) Other Miscellaneous Receipts 18,947 18,947 Net Cash Flows - Capital and Related Financing Activities (88,946) (52,388) - (141,334) I. CASH FLOWS - INVESTING ACTIVITIES: Interest and Dividends 23,694 16,020 7,816 47,530 I Net Change in Cash and Cash Equivalents (10,055) (15,370) 66,402 40,977 Cash and Cash Equivalents, January 1 992,589 692,313 278,848 1,963,750 I Cash and Cash Equivalents, December 31 $ 982,534 $ 676,943 $ 345,250 $ 2,004,727 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH FLOWS - OPERATING I ACTIVITIES: Operating Income (Loss) $ (45,913) $ (94,201) $ 40,577 $ (99,537) Adjustments to Reconcile Operating Income (Loss) I to Net Cash Flows - Operating Activities: Depreciation Expense 108,398 144,656 39,792 292,846 Accounts Receivable (8,915) (84,354) (4,163) (97,432) Special Assessments Receivable 19,173 19,173 I Accounts Payable (5,778) 8,163 10,078 12,463 Accrued Salaries and Related Benefits 7,405 4,161 1,302 12,868 Total Adjustments 101,110 91,799 47,009 239,918 Net Cash Flows - Operating Activities $ 55,197 $ (2,402) $ 87,586 $ 140,381 I NONCASH CAPITAL ACTIVITIES: Capital Contribtuions $ 283,554 $ 386,713 $ 352,918 $ 1,023,185 I I.The Note, to the F;..nd.J Stalemen~ ,",.n ;nleg,,1 pm ofthi, 'talement 29 I I CITY OF ST. JOSEPH .' Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31, 2004 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES I B. Government-Wide and Fund Financial Statements I The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the nonfiduciary activities of the City. For the most I part, the effect of interfund activity has been removed from these Statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges I for support, The Statement of Activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly I identifiable with a specific function or segment. Interest on general long-term debt is considered an indirect expense and is reported separately on the Statement of Activities. Program revenues include 1) charges to customers or applicants who purchase, use or directly I benefit from goods, services or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. .1 Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate I columns in the fund financial statements. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources I measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund fmancial statements. Revenues are recorded when earned and expenses are recorded when a I liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. I Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when I they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are I recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. I 31 ., I I I. CITY OF ST. JOSEPH Stearns County, Minnesota I NOTES TO THE FINANCIAL STATEMENTS December 31,2004 I NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES I c. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) I As a general rule, the effect of interfund activity has been eliminated from the government- wide financial statements. Exceptions to this general rule are charges between the government's sanitary sewer function and various other functions ofthe government. I Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers, or applicants for goods, I services or privileges provided, 2) operating grants and contributions and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. I Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and I. delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the Sanitary Sewer Enterprise Fund, Water Enterprise Fund and other proprietary funds are charges to customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses and depreciation I on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. I When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first, then unrestricted resources as they are needed. D. Assets, Liabilities and Net Assets or Equity I 1. Deposits and Investments I The government's cash and cash equivalents are considered to be cash on hand, demand deposits and short-term investments with original maturities of three months or less from the date of acquisition. I Minnesota Statutes authorizes the City to invest in obligations of the U.S, Treasury, agencies and instrumentalities, shares of investment companies whose only investments are in the aforementioned securities, obligations of the State of Minnesota or its municipalities, I bankers' acceptances, future contracts, repurchase and reverse repurchase agreements and commercial paper of the highest quality with a maturity of no longer than 270 days and in the Minnesota Municipal Investment Pool. I Investments for the government are reported at fair value. I. 33 I I CITY OF ST. JOSEPH .' Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31, 2004 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES I D. Assets, Liabilities and Net Assets or Equity (Continued) I 4. Capital Assets (Continued) The costs of normal maintenance and repairs that do not add to the value of the asset or I materially extend assets lives are not capitalized. Property, plant and equipment of the City are depreciated using the straight-line method over I the following estimated useful lives: Assets Years I Buildings 40 Park Buildings 30 I Building Improvements 15 Street Construction 15 Street Overlay 10 .1 Furniture 5 Light Vehic1es 5 Machinery and Equipment 5-7 I Fire Trucks 20 Utility Distribution System 50 5. Compensated Absences I The City compensates employees who leave City service in good standing for all earned, I unused vacation, Employees can accrue up to 200 hours of vacation depending on years of service. At the employees' anniversary date, the maximum amount of carryover is 80 hours. In addition, employees are compensated for unused sick leave (up to a maximum of 720 I hours) at various rates depending on the employee type, provided the City's notice of termination policy has been complied with. 6. Long-Term Obligations I In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the I applicable governmental activities, business-type activities or proprietary fund type Statement of Net Assets. I 35 ., I -------- ---- --- I .. CITY OF ST. JOSEPH Stearns County, Minnesota I NOTES TO THE FINANCIAL STATEMENTS December 31,2004 I NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES I D. Assets, Liabilities and Net Assets or Equity (Continued) 10. Changes in Accounting Principles I For the year ended December 31, 2004, the City has implemented GASB Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State Local I Governments. GASB Statement No. 34 creates new basic financial statements for reporting on the City's financial activities. The financial statements now include government-wide financial statements prepared on the accrual basis of accounting, and fund financial I statements which present information for individual major funds rather than by hmd type which had been the mode of presentation in previously issued financial statements. Nonmajor funds are presented in total in one column in the fund financial statements. I The implementation of GASB Statement No. 34 caused the opening fund balance at December 31, 2003 to be restated in terms of "net assets" as follows. I. Total Restated Fund Balance, Governmental Funds $ 6,415,591 Add Cost of Capital Assets 14,241,120 I Less Accumulated Depreciation (4,393,810) Less Compensated Absences (60,604) Less Long-Tenn Debt: I Bond Principal ( 12,660,000) Loans Payable ( 168,968) Accrued Interest Payable (51,309) I Add Deferred Revenues 3,926,169 Less Fund Balance for Business-Type Fund: Tnmk Sewer Fund (319,375) I Net Assets at December 31,2003 $ 6,928,814 I I I .. 37 I I CITY OF ST. JOSEPH .1 Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31, 2004 NOTE 2 - STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY I A. Budgetary Information (Continued) I Encumbrances outstanding at year-end expire and outstanding purchase orders are canceled and not reported in the financial statements, I B. Deficit Fund Balance The following funds had deficit fund balances at December 31, 2004: I Nonmajor Governmental Funds: Special Revenue: I Lake Wobegon Trail $ 9,917 City Beautification 80,941 Debt Service: I EOA Public Project Revenue Bonds of2000 10,025 Capital Projects: .1 2002 Street Improvements 30,039 Maintenance Facility 123,288 Northland Phase Eight 4,008 I Cloverdale Area 43,635 295thl103rd Street Improvements 14,276 Water Filtration Plant 25,635 Northland Heights 154,541 I NOTE 3 - DEPOSITS AND INVESTMENTS I A. Deposits In accordance with applicable Minnesota Statutes, the City maintains deposits a depository I banks authorized by the City's Council. Minnesota Statutes require that all deposits be protected by federal deposit insurance, corporate I surety bond or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by federal deposit insurance or corporate surety bonds. At year-end, the City's carrying amount of deposits was $ 4,872,326 and the bank balance was I $ 5,164,446. At December 31, 2004, all deposits for the City were insured or collateralized by securities held by the City's agent in the City's name. I 39 .1 I - ---.------ I I. CITY OF ST. JOSEPH Stearns County, Minnesota I NOTES TO THE FINANCIAL STATEMENTS December 31, 2004 I NOTE 3 - DEPOSITS AND INVESTMENTS I B. Investments (Continued) Deposits and investments are presented in the December 31, 2004 basic financial statements as I follows: Statement of Net Assets: I Cash and Investments $ 6,815,886 NOTE 4 - INTERFUND BALANCES AND TRANSFERS I A. Interfund Transfers The composition of interfund transfers as of December 31, 2004 is as follows: I Transfer In: G.O. Other I. Bonds of Governmental Sanitary General 1999 Funds Sewer Total Transfer Out: I General $ - $ - $ 105,821 $ - $ 105,821 Other Governmental Funds 8,500 16,900 - 23,400 48,800 I Other Proprietary Funds 29,000 - - - 29,000 Total Transfers $ 37,500 $ 16,900 $ 105,821 $ 23,400 $ 183,621 I The above transfers were made for the following reasons: debt service payments, budgeted transfers and operating transfers. I I I I .. 41 I I CITY OF ST. JOSEPH .- Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31,2004 NOTE 5 - CAPITAL ASSETS I Beginning I Beginning Balance, Ending Balance Adjustments Restated Additions Reductions Balance Business-Type Activities: - Capital Assets not being Depreciated: I Land $ 17,937 $ $ 17,937 $ $ $ 17,937 Construction in Progress 2,452,921 2,452,921 1,023,185 3,476,106 Total Capital Assets, not being Depreciated 17,937 2,452,921 2,4 70,858 1,023,185 3,494,043 I Capital Assets being Depreciated: Buildings 517,983 517,983 517,983 Plant and Lines 9,820,275 3,154,619 12,974,894 12,974,894 I Machinery and Equipment 276,432 ( 6,448) 269,984 269,984 Total Capital Assets, being Depreciated 10,614,690 3,148,171 13,762,861 13,762,861 Less Accumulated Depreciation for: I Buildings (427,336) (427,336) (25,899) (453,235) Plant and Lines ( 1,512,877) (557,053) (2,069,930) (257,015) (2,326,945) Machinery and Equipment ( 170,289) 14,622 (155,667) (9,932) (I65,599) Total Accumulated (2,945,779) .1 Depreciation (2, II 0,502) (542,43 I) (2,652,933) (292,846) Total Capital Assets, being Depreciated, Net 8,504,188 2,605,740 11,109,928 (292,846) 10,817,082 I Business-Type Activities Capital Assets, Net $ 8,522,125 $ 5,058,661 $ 13,580,786 $ 730,339 $ $ 14.311,125 I I I I I I 43 .. I ------ I .. CITY OF ST. JOSEPH Stearns County, Minnesota I NOTES TO THE FINANCIAL STATEMENTS December 31, 2004 I NOTE 6 - LONG-TERM DEBT I B. Components of Long-Term Liabilities Issue Interest Original Final Principal Due Within I Date Rate Issue Maturity Outstanding One Year Governmental Activities: G.O. Bonds, Including Refunding Bonds: G.O, Equipment Certificates of I Indebtedness of 2002 01/Oll02 2.75%-4.20% $ 245,000 12/01/06 $ 125,000 $ 60,000 GO. Refunding Bonds of2003 07/28/03 150%-4.40% 815,000 12/01/17 815,000 50,000 G.O. Certificates ofIndebtedness of2004 08/27/04 2.40%-325% 280,000 12/0 lI08 280,000 115,000 I Total G.O. Bonds 1,220,000 225,000 G.O Special Assessment Bonds: G ,0. Improvement Bonds of 1998 II/Oll98 3.85%-5.00% 545,000 12/01113 370,000 35,000 I G ,0, Improvement Bonds of 1999 10/01/99 4.875%-5,20% 1,330,000 12/01/14 985,000 80,000 G.O. Improvement Bonds onoo 1 09/01/01 3.00%.3.85% 810,000 12/01/06 330,000 165,000 G.O.lmprovement Bonds 01'2002 08/0 lI02 2,00%-4.30% 4,700,000 12/01/17 3,890,000 405,000 G.O Bonds of2003 08/0 lI03 125%-2.65% 2,135,000 12/01/08 ],450,000 240,000 I. G.O. Improvement Crossover Refunding Bonds of2003 07128/03 1.25%-3.15% 750,000 12/01/11 635,000 115,000 G,O.lrnprovement Bonds of2004 07/2 9/04 2.15%-3.60% 590,000 12/01/09 590,000 65,000 I Total G.O. Special Assessment Bonds 8,250,000 1,]05,000 Revenue Bonds: I EDA Public Revenue Bonds of2000 05/01/00 5.60%.660% 960,000 12/01/15 780,000 50,000 EDA Public Revenue Bonds of2003 04/01/03 2.00%-490% 700,000 12/01/18 670,000 35,000 Total Revenue Bonds 1,450,000 85,000 I Loan Payable ]4],774 27,193 Compensated Absences 93,859 8,023 Total Long-Term Liabilities, Governmental Activities 11,]55,633 1,450,216 I Business-Type Activities: G.o. Revenue Bonds: I G,O. Sewer Revenue Bonds 01'2001 I % I/O I 3.30%.515% 640,000 12/01/2] 565,000 25,000 G,O. Water Revenue Refunding Bonds of2002 09/01/02 175%-4.80% 810,000 12/0]/]6 660,000 85,000 Total Business.Type I Activities 1,225,000 11 0,000 Total all Long-Term Liabilities $ 12,380,633 $ 1,560,2]6 I Long-term bonded indebtedness listed above were issued to finance acquisition and construction of capital facilities or to refinance (refund) previous bond issues. .. 45 I --------- I CITY OF ST. JOSEPH .- Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31, 2004 NOTE 6 - LONG-TERM DEBT I D. Minimum Debt Payments I Minimum annual principal and interest payments required to retire long-term liabilities: Year Governmental Activities I Ending G.O. Special Assessment Bonds Public Project Revenue Bonds June 30, Principal Interest Principal Interest I 2005 $ 1,155,000 $ 281,699 $ 110,000 $ 52,736 2006 1,145,000 252,319 65,000 49,701 I 2007 995,000 221,238 65,000 47,476 2008 1,010,000 193,439 65,000 45,090 2009 580,000 162,117 75,000 42,625 I 2010-2014 2,335,000 510,338 425,000 163,300 2015-2019 1,030,000 88,383 330,000 63,805 2020-2021 - - 90,000 6,952 .1 $ 8,250,000 $ 1,709,533 $ 1,225,000 $ 471,685 Year Governmental Activities I Ending G.O. Govemment Activities Loan Payable June 30, Principal Interest Principal Interest 2005 $ 175,000 $ 42,472 $ 27,740 $ 1,415 I 2006 190,000 35,123 28,017 1,138 2007 120,000 29,540 28,298 857 I 2008 130,000 26,410 28,581 574 2009 60,000 22,598 29,138 289 2010-2014 315,000 84,765 - I 2015-2019 230,000 20,160 - 2020-2021 - - - - I $ 1,220,000 $ 261 ,068 $ 141,774 $ 4,273 I I 47 .. I I I. CITY OF ST. JOSEPH I Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS December 31,2004 I NOTE 7 - FUND BALANCE I Reserved/Designated Fund Equity I Fund equity balances are classified below to reflect the limitations and restrictions of the respective funds. A. Reserved/Designated Fund Balance I Reserved/designated fund balance is comprised of the following components: G,O. General Nonmajor I General G,O. G,O. Improvement Refunding Governmental Fund Bonds of 1999 Bonds of2002 Bonds of2003 Bonds of2003 Funds Total Reserved for: Debt Service $ $ 202,787 $ 760,047 $ 189,078 $ 61,717 $ 1,407,980 $ 2,621,609 I Note Receivable 30,275 30,275 Unreserved: Designated: I. Capital Projects 61,816 1,367,746 1,429,562 Debt Service 174,745 174,745 Working Capital 250,000 250,000 Undesignated 766,100 (424,857) 341,243 I Total Fund Balance $ 1,252,661 $ 202,787 $ 760,047 $ 189,078 $ 61,717 $ 2,381,144 $ 4,847,434 I NOTE 8 - RISK MANAGEMENT The City purchases commercial insurance coverage through the League of Minnesota Cities Insurance Trust with other cities in the state, which is a public entity risk pool currently operating I as a conunon risk management and insurance program. The City pays an annual premium to the League for its insurance coverage. The League of Minnesota Cities Insurance Trust is self- sustaining through commercial companies for excess claims. The City is covered through the pool I for any claims incurred but unreported, but retains risk for the deductible portion of its insurance policies. The amount of these deductibles is considered immaterial to the financial statements. I There were no significant reductions in insurance from the previous year or settlements in excess ofinsurance coverage for any of the past three fiscal years. The City's workers' compensation insurance policy is retrospectively rated. With this type of I policy, final premiums are determined after loss experience is known. The amount of premium adjustment for 2004 is estimated to be immaterial based on workers' compensation rates and salaries for the year. I I. 49 I I CITY OF ST. JOSEPH .- Stearns County, Minnesota NOTES TO THE FINANCIAL STATEMENTS I December 31, 2004 NOTE 9 - DEFINED BENEFIT PENSION PLANS - STATEWIDE I Public Employees' Retirement Association (Continued) I A. Plan Description (Continued) There are different types of annuities available to members upon retirement. A single-life I annuity is a lifetime annuity that ceases upon the death of the retiree--no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will I be payable over joint lives, Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. I The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active Plan participants. Vested, tenninated employees who are entitled to benefits I but are not yet receiving them, are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required .1 supplementary information for PERF and PEPFF. That report may be obtained on the web at www.mnpera,org, by writing to PERA at 60 Empire Drive, Suite 200, St. Paul, MN 55103-2088 or by calling (651) 296-7460 or (800) 652-9026. I B. Funding Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These I statutes are established and amended by the state legislature. The City makes annual contributions to the pension plans equal to the amount required by state statutes. PERF Basic Plan members and Coordinated Plan members are required to contribute 9.1 % and 5.1 %, I respectively, of their annual covered salary. PEPFF members are required to contribute 6.2% of their annual covered salary. The City of St. Joseph is required to contribute the following percentages of annual covered payroll: 11.78% for Basic Plan PERF members, 5.53% for I Coordinated Plan PERF members and 9.3% for PEPFF members. The City's contributions to the Public Employees Retirement Fund for the years ending December 31, 2004, 2003 and 2002 were $ 20,915, $ 20,396 and $ 20,462, respectively. The City's contributions to the Public Employee's Police and Fire Fund for the years ending December 31, 2004, 2003 and 2002 were I $ 28,866, $ 28,667 and $ 26,783, respectively. The City's contributions were equal to the contractually required contributions for each year as set by state statute. I I 51 ., I I .. PROPOSAL FORM TO: City of St. Joseph, Minnesota Sale Date: September I, 2005 I C/O Northland Securities, Inc. 45 South 7th Street, Suite 2500 Minneapolis, Minnesota 55402 I Phone: (612) 851-5900, Fax: (612) 851-5917 I For all or none of the $3,100,000 General Obligation Improvement Bonds, Series 2005C, in accordance with the Official Terms of Bond Sale, we will pay you $ , (not less than $3,062,800.00) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing on December 1 as follows: I % 2007 % 2009 % 2008 % 2010 I True interest percentage: % Net interest cost: $ I Term Bond Option: Bonds maturing in the years through , to be accumulated into a Term Bond maturing in year I Bonds maturing in the years through , to be accumulated into a Term Bond maturing in year If our bid is not accepted, our good faith deposit in the amount of $62,000 shall be promptly returned to us. This I. bid is for prompt acceptance and is conditional upon deposit of said Bonds to a named registrar within 40 days from the date hereof, or thereafter at our option. I We have received and reviewed the Preliminary Official Statement and have submitted our requests for additional information or corrections to the Official Statement dated August 22, 2004. As Syndicate Manager, we agree to provide the City with the reoffering price of the Bonds within 24 hours of the bid acceptance. I Account Members: I Account Manager: By: I I The foregoing offer is hereby accepted by and on behalf of the City of St. Joseph, Minnesota at _ PM this day of September 1,2005. I City Administrator/Clerk Mayor I .. I .- I I. I I I I I I I I. I I I I I I I I. I -' - -- ~-~~-~ - - - _ -- =--=-v~~~ --- -~ . l' - - ~ - t> - ~ - ~~.~- _ __ f r- "JV~" -;!'Y"~ .'! tIll' ,L II.,'" - - .- - =- ,.t .~l -="'- f . . .- --;::.-=-. ~ - -- - - - , . - .. . . c ~ _ t r .;;~.~~-, ~ ~------'-' .... co . ,{ , , _.~ <. ! J . .1l~---~~~ ,..., I"""'''',.~,''' _ ,} r - _. , .. "".- ~ . - - , - .. . - . . - l r ' .,,:. I J :1[,1 }i 1 t - ,t -' . . I _..- '-, . - . !J I }il [ - t . ,f .;.t '..',,' .-'.' ~- - r .. f J . .. . t T';-ct _ _ l -I . - . , . ... . . .. . . . . ! -' -" ,t' -, , ~ . j. rA .& ,; .- ~ l~ .=~ ,- . f - · 0 - -0 i - Ln.- l -' ,i E -. - ~ - - - .. - . - , - t r t I- " . . J I'C ,",.,.,.~'.I" ,", ~'. ,- , _t J · J i-I ~ r -fl... Ii ~ l. 'f + .J .,'. ~I I'~ .~ - I '~. ! - . f -f- - I .~ '. TABLE OF CONTENTS Page I Summary of Offering.................................................................................................................. ............. 2 Principal City Officials ........................ ................................... ..................... ............................... ............. 3 I Notice of Sal e .................... ............. .......................... ................................................................................ 4-7 Authority, Purpose and Security.......... .................................................................................................... 8 Estimated Source and Uses of Funds................................ ........ ........ ......................................... .............. 8 I Description of Bonds................................................................................. ......................... ...................... 9 - 10 Continuing Disclosure Undertaking..................................... ............. ................ .......... ......... .................... II I Official Statement............................................................... ................ ..................................................... 12 Future Financing................................................................. ou. ................................................................. 12 I Bond Rating....................... ...................................................................................................................... 12 Litigation........................................................................................ .............. ..................... ....................... 12 Certification......................................... ............ ......................... ......................................................... ....... 12 I Legality .................................................................................................. ......................... .......... ............... 12 Financial Advisor........................................................................................ ................... ............. ............. 12 I Tax Exempti on ...................................................................... ................................................... ....... ......... 13 City of St. Joseph (General Information) ...................................... ..................................................... ...... 14 - 19 I. Minnesota Valuations; Property Tax Classifications ....... ....................................................... ................. 20 - 22 City of St. Joseph (Economic and Financial Information) ....................................................................... 23 - 30 Summary of Debt and Debt Statistics ............ ............ ............ ................ ......... ......................................... 31 I Appendix A -Proposed Form of Legal Opinion Appendix B - City's Financial Report I Appendix C - Continuing Disclosure Undertaking Proposal Form I I I I I ,. I -------- --- - SUMMARY OF OFFERING I $3,100,000 .1 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 200Se (Book-Entry Only) AMOUNT - $3, I 00,000. ISSUER - City of St Joseph, Minnesota (the "City"). I SALE DATE- Thursday, September I, 2005. OPENING - II :00 A.M. Central Time, sealed proposals submitted or faxed to Northland Securities, Inc" 45 South Seventh Street, I Suite 2500, Minneapolis, Minnesota 55402, telephone: (612) 851-5900 or (800) 851-2920 or electronically on P ARITyrM AWARD- 7:00 P.M" Central Time, at the St Joseph City Hall, 25 College Avenue North, St Joseph, Minnesota 56374-0668. I TYPE OF ISSUE - General Obligation Improvement Bonds, Series 2005C (the "Bonds"), See Authority and Purpose and Estimated Source and Uses of Funds herein for additional information. AUTHORITY, PURPOSE I & SECURITY - The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, as amended, Proceeds will be used to provide money to fund the Northland Heights Addition improvements. Bonds are payable from special assessments against all benefited property and property taxes. The full faith and credit of the City is pledged to their I payment and the City has validly obligated itself to levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account established for this issue. Taxes will be levied upon all of the taxable property within the City and without limitation of amount See Estimated Source and Uses of Funds and Authority and Purpose herein for additional information. DATE OF ISSUE- September 1,2005, I INTEREST PAID. June 1,2006, and semiannually thereafter on December I and June I to registered owners appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. I DENOMINATIONS - $5,000. MATURITIES - 12/01/07 $740,000 12/01/08 $765,000 12/01/09 $785,000 12101/10 $810,000 .1 REDEMPTION - Bonds ARE NOT subject to redemption and prepayment at the option of the Issuer. BOOK-ENTRY - The Bonds will be issued as fully registered and, when issued, will be registered in the name of Cede & Co" as I nominee of The Depository Trust Company, New York, New York, to which principal and interest payments on the Bonds will be made, Individual purchases will be made in book-entry form only, in the principal amount of$5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of bonds. PAYING AGENT/REGISTRAR - Principal and interest are payable by the Issuer through Northland Trust Services, Inc" Minneapolis, Minnesota to I DTC or its nominee as registered owner of the bonds, METHOD OF SALE - Sealed or electronic proposals, Good faith deposit in the amount of $62,000 at a price of not less than $3,062,800.00 and accrued interest See Notice of Sale herein for additional information, I TAX DESIGNATIONS - NOT Private Activity Bonds - The Bonds are not "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended (the Code). Oualified Tax-Exemot Oblie:ations - The City will designate these Bonds "qualified tax-exempt obligations" for I purposes of Section 265(b)(3) of the Code. LEGAL OPINION - Briggs and Morgan, Professional Association, St Paul and Minneapolis, Minnesota, Bond Counsel. RATING. The City has a general obligation bond rating of 'Baal' by Moody's Investors Service. The City will apply for a I rating on this issue. ESTlMATED CLOSING- September 29, 2005. I PRIMARY CONTACTS- Judy Weyrens, City Administrator/Clerk, City ofSt Joseph, (320) 363-7201. Monte Eastvold, Vice President, Northland Securities, (612) 851-5900 or (800) 851-2920, I .1 .2- I ----------- -------------- I .. CITY OF ST. JOSEPH PRINCIPAL CITY OFFICIALS I Elected City Officials City Council I Name Position Term Expires Rjchard CarIbom Mayor 01/01/07 I Alan Rassier Council Member 01/01/09 Ross Rieke Council Member 01/01107 I Renee Symanietz Council Member 01/01109 I Dale Wick Council Member 01/01107 I I Primary Contacts Judy Weyrens Administrator/Clerk I. Thomas G. Jovanovich - Rajkowski Hansmeier Ltd. Consulting Attorney Short Elliot Hendrickson & Associates - I Joe Bettendorf Engineer I I Bond Counsel Briggs and Morgan, Professional Association I S1. Paul and Minneapolis, Minnesota I Financial Advisor I Northland Securities, lnc, Minneapolis, Minnesota I .. - 3- I ---- I NOTICE OF SALE .- $3,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C I CITY OF ST. JOSEPH, I (STEARNS COUNTY) MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: I TIME AND PLACE: Proposals will be opened by the City Administrator, or designee, on Thursday, September I, 2005, at 11:00 A.M., Central Time, at I the offices of Northland Securities, Inc., 45 South Seventh Street, Suite 2500, Minneapolis, Minnesota 55402. Consideration of the proposals for award of the sale will be by the City Council at its I meeting at the City Offices beginning Thursday, September 1,2005 at 7:00 P.M. SUBMISSION OF PROPOSALS: Proposals may be: I a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at (612) 851-5917, c) for proposals submitted prior to the sale, the final price and I coupon rates may be submitted to Northland Securities, Inc. by telephone at (612) 851-5900, or d) be submitted electronically. .1 Notice is hereby given that electronic proposals will be received via PARITY"', in the manner described below, until 11:00 A.M., local time on September I, 2005. Bids may be submitted electronically I via PARITY'" pursuant to this Notice until 11:00 A.M., local time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set I forth in PARITY™ conflict with this Notice, the terms of this Notice shall control. For further information about PARITY™, potential bidders may contact Northland Securities, Inc. or i-Deal@ at 1359 Broadway, 2nd floor, New York, NY 10018, telephone I (212) 849-5021. Neither the Issuer nor Northland Securities, Inc. assumes any I liability if there is a malfunction of PARITY"'. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the proposal submitted. I BOOK-ENTRY SYSTEM: The bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The I bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New I York, New York, which will act as securities depository of the bonds. .. -4- I I .. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer I through Northland Trust Services, Inc., Minneapolis, Minnesota (the "Paying AgentlRegistrar"), to DTC, or its nominee as registered owner of the bonds. Transfer of principal and interest I payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other I nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Paying AgentlRegistrar. I DATE OF ORIGINAL ISSUE OF BONDS: September 1,2005. I AUTHORITY/PURPOSE: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, as amended. Proceeds will be used to provide monies for assessable improvements within the City I including but not limited to streets, sanitary sewers, water line and main extensions, storm sewers, sidewalks, curbs and gutters. INTEREST PAYMENTS: June 1,2006, and semiannually thereafter on December 1 and June I 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. I. MA TURITIES: December 1, inclusive, in each of the years and amounts as follows: I Year Amount Year Amount 2007 $740,000 2009 $785,000 2008 765,000 2010 810,000 I Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to I mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. I INTEREST RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1 %. Rates must be in level or ascending order. No limitation is placed upon the number of rates which may be used. All bonds of the I same maturity must bear a single uniform rate from date of issue to maturity. I REDEMPTION: Bonds are NOT subject to redemption and prepayment at the option of the Issuer. I .. - 5. I I CUSIP NUMBERS: If the bonds qualifY for assignment of CUSIP numbers such .. numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the bonds in I accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. I DELIVERY: Within forty days after award subject to approving legal opinion by Briggs and Morgan, Professional Association, Bond Counsel. Legal opinion will be paid by the Issuer and delivery will be I anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL: Proposals of not less than $3,062,800.00 (98.8%) and accrued I interest on the principal sum of $3,100,000 from date of original issue of the Bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check I (the "Deposit") in the amount of $62,000, payable to the order of the City Administrator of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each I proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Northland Securities, Inc. and addressed to: I Judy Weyrens, Administrator City of St Joseph 25 College A venue North .1 St Joseph, Minnesota 56374 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, I and preapproved by the Issuer. Such bond must be submitted to Northland Securities, Inc. prior to the opening of the proposals. The Financial Surety Bond must identifY each proposal maker whose I Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that successful bidder is required to submit its I Deposit to Northland Securities, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Northland Securities, Inc. not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received I by that time, the Financial Surety Bond may be drawn by the Issuer to satisfY the Deposit requirement The Issuer will deposit the check of the successful bidder, the amount of which will be I deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted I proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is I adjourned, recessed, or continued to another date without award of the bonds having been made. .. -6- I I I. AWARD: The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The Issuer's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. In the event of a tie, I the sale of the Bonds will be awarded by lot. The Issuer will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award I of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal which the Issuer determines to have failed to comply with the terms herein. I INFORMATION FROM SUCCESSFUL BIDDER: The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of I the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT The Official Statement, when further supplemented by an I addendum or addenda specifYing the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official I Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting I syndicate submitting a proposal therefore, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the I. syndicate to which the Bonds are awarded copies of the Official Statement and the addendum or addenda. CONTINUING DISCLOSURE: The Issuer will covenant in the resolution awarding the sale of the I bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain I material events, as required by SEC Rule 15c2-12. BANK QUALIFICATION: The Issuer will designate the bonds as qualified tax-exempt obligations for purposes of Section 265(b )(3) of the Internal I Revenue Code of 1986, as amended. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. I Dated: August 9,2005 BY ORDER OF TIlE ST. JOSEPH CITY COUNCIL /s/ Judy Weyrens I Administrator Additional information may be obtained from: I Northland Securities, Inc. 45 South Seventh Street Suite 2500 Minneapolis, Minnesota 55402 I Telephone No.: (612) 851-5900 .. -7- I I AUTHORITY. PURPOSE AND SECURITY .. Authority and Purpose The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, as amended. At closing, I Bond Counsel will render an opinion that the Bonds are valid and binding general obligations of the City. Proceeds of the Bonds will be used to provide money to fund the Northland Heights Addition improvements in the City. I Security Bonds are payable from special assessments against all benefited property and from property taxes. The full I faith and credit of the City is pledged to their payment and the City has validly obligated itselfto levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account established for this issue. Taxes will be levied upon all ofthe taxable property within the City and without limitation of amount. I ESTIMATED SOURCE AND USES OF FUNDS Source of Funds I Par Amount of Bonds $3,100,000 Uses of Funds I Deposit to Project Construction Fund $2,846,561 I Costs ofIssuance and Underwriter's Discount 68,520 Capitalized Interest 184.919 Total Uses of Funds: $3.100.000 .1 I I I I I I I .. - 8 - I ------------ ------ ------------ I DESCRIPTION OF BONDS .. Details of Certain Terms The $3,100,000 General Obligation Improvement Bonds, Series 2005C will be dated, as originally issued, as of I September 1, 2005, and will be issued as fully registered bonds in the denominations of $5,000 or any integral multiple thereof. Interest on the Bonds will be payable semiannually on each June I and December 1, commencing June 1, 2006. The Bonds when issued, will be registered in the name of Cede & Co. (the I "Registered Holder"), as nominee of The Depository Trust Company, New York, New York ("DTC"), the initial custodian for the Bonds, to which principal and interest payments on the Bonds will be made so long as Cede & Co. is the Registered Holder of the Bonds. See "Book-Entry System" in Description of Bonds herein I for additional information. So long as the Book-Entry Only System is used, individual purchases of the Bonds will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof ("Authorized Denominations"). Individual purchasers ("Beneficial Owners") of the Bonds will not receive I physical delivery of bond certificates. So long as the Book-Entry Only System is used, payments from Cede & Co., as the Record Holder, to the Beneficial Owners shall be governed by the Book-Entry Only System. If the Book-Entry Only System is I discontinued, the principal of and premium, if any, on the Bonds will be payable upon presentation and surrender at the offices of the Paying Agent and Bond Registrar or a duly appointed successor. Interest on the Bonds will be paid by check or draft mailed by the Bond Registrar to the registered holders thereof as such I appear on the registration books maintained by the Bond Registrar as of the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding each interest payment date (the "Record Date"). I Registration, Transfer and Exchange I. SO long as the Book-Entry Only System is used, payments from Cede & Co., as the Record Holder, to the Beneficial Owners shall be governed by the Book-Entry Only System. If the Book-Entry Only System is discontinued, the Bonds may be transferred upon surrender of the Bonds at the principal office of the Bond Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or I his or her attorney duly authorized in writing. The Bonds, upon surrender thereof at the principal office of the Bond Registrar may also be exchanged for other Bonds of the same series, of any authorized denominations having the same form, terms, interest rates and maturities as the Bonds being exchanged. The Bond Registrar I will require the payment by the Bondholder requesting such exchange or transfer of any tax or governmental charge required to be paid with respect to such exchange or transfer. The Bond Registrar is not required to (i) issue, transfer or exchange any Bond during a period beginning at the opening of business fifteen days before I any selection of Bonds of a particular stated maturity for redemption in accordance with the provisions of the Bond Indenture and ending on the day of the first mailing of the relevant notice of redemption or (ii) to transfer any Bond or portion thereof selected for redemption. I Optional Redemption Bonds ARE NOT subject to redemption and prepayment at the option of the Issuer. I I I .. I - 9- ------------ I Book-Entry System .- The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Obligations. Upon issuance of the Obligations, one fully registered Obligation will be registered in the name of Cede & Co., as nominee for DTC, for each maturity of the Obligations as set forth on the cover page hereof, I each in the aggregate principal amount of such maturity. So long as Cede & Co. is the registered owner of the Obligations, references herein to the holders of the Obligations or registered owners of the Obligations shall mean Cede & Co. and shall not mean the Beneficial Owners of the Obligations. I DTC is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange I Act of 1934, as amended. DTC was created to hold securities of its participants (the "DTC Participants") and to facilitate the clearance and I settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations, some of whom (and/or their representatives) own DTC. Access to I the DTC system is also available to others such as banks, brokers, dealers, and trust companies that clear through or maintain a custodial relationship with DTC Participants, either directly or indirectly (the "Indirect Participants"). I The Interest of each of the Beneficial Owners of the Obligations will be recorded through the records of a DTC Participant or Indirect Participant. Each DTC Participant will receive a credit balance on the records of DTC. Individual purchases will be made in the denomination of $5,000 or any whole multiple thereof. Beneficial I owners of Obligations will receive a written confirmation of their purchases providing details of the Obligations acquired. Beneficial owners of Obligations will not receive certificates representing their ownership interest in the Obligations, except as specifically provided below. .1 Transfers of beneficial ownership interest in the Obligations will be accomplished by book entries made by DTC and, in turn, by the DTC Participants who act on behalf of the Indirect Participants and the Beneficial Owners of Obligations. For every transfer and exchange of beneficial ownership of Obligations, the beneficial owner may I be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Payments of principal and interest on the Bonds will be made to DTC or its nominee, Cede & Co., as registered I owner of the Bonds. Upon receipt of moneys, DTC's current practice is to immediately credit the accounts of the DTC Participants in accordance with their respective holdings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and I customary practices such as those which are now the case for municipal securities held in bearer form or registered in "street name" for the accounts of customers and will be the responsibility of such DTC Participants or Indirect Participants and not the responsibility of DTC or the Issuer, subject to any statutory and regulatory I requirements as may be in effect from time to time. The Depository Trust Company (the "DTC"), New York, New York, will act as securities depository for the Bonds. Upon issuance of the Bonds, one fully registered Bond will be registered in the name of Cede & Co., as I nominee for DTC, for each maturity of the Bonds as set forth on the cover page hereof, each in the aggregate principal amount of such maturity. So long as Cede & Co. is the registered owner of the Bonds, references herein to the Owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the I Bonds. I .. - \0- I ---------- ------ I .. CONTINUING DISCLOSURE In order to assist the Underwriter(s) in complying with SEC Rule 15c2-12 (the "Rule"), pursuant to the Award Resolution and a Continuing Disclosure Undertaking (the "Certificate") to be executed on behalf of the City on I or before Bond Closing, the City has and will covenant for the benefit of holders of the Obligations to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information I repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Certificate, as well as the information to be contained in the annual report or the notices of material events is set forth in the Continuing Disclosure Undertaking in substantially the form attached hereto as I Appendix B. The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Certificate will not constitute an event of default on the Obligations (although holders will have an enforceable right to specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and I must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Obligations in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Obligations and their market price. I The Issuer will covenant in the resolution awarding the sale of the Obligations and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Please see I Appendix B - Continuing Disclosure Undertaking herein for additional information. I I. (Remainder of page left blank intentionally) I I I I I I I .. - 11 - I I OFFICIAL STATEMENT .' No Final Official Statement will be prepared. The Issuer will provide the successful Underwriter with an addendum that together with this Preliminary Official Statement will be deemed the Final Official Statement by the Issuer. I FUTURE FINANCING I The City anticipates issuing approximately $4,000,000 general obligation Bonds in November, 2005. BOND RATING I The City has a rating of "Baal "by Moody's Investors Service. The City will apply for a rating on this issue. I LITIGATION I As of June 14,2005, the City Attorney, Thomas G. Jovanovich, Rajkowski Hansmeier Ltd., indicated that no litigation is pending or threatened that would jeopardize the creditworthiness of the City. Claims or other actions in which the City is a defendant are covered by insurance or of insignificant amounts. I CERTIFICATION The City will furnish a statement to the effect that this Official Statement to the best of their knowledge and I belief, as of the date of sale and the date of delivery, is true and correct in all material respects, and does not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the .1 statements made therein, in light of the circumstances under which they were made, not misleading. LEGALITY Legal matters incident to the authorization and issuance of the Bonds and Certificates are subject to the I approving opinion of Bond Counsel, as to validity and tax exemption. A copy of such opinion will be available at the time of the delivery of the Bonds and Certificates. See Appendix A -Proposed Form of Legal Opinion. I Bond Counsel has not participated in the preparation of the Official Statement and is not passing upon its accuracy, completeness or sufficiency. Bond Counsel has not examined, nor attempted to examine, or verifY, ,I any of the financial or statistical statements or data contained in this Official Statement, and will express no opinion with respect thereto. FINANCIAL ADVISOR I The Issuer has retained Northland Securities, Inc. as financial advisor (the "Financial Advisor") in connection I with the issuance of the Bonds and Certificates. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources that have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verifY the accuracy of such information. The Financial Advisor is not a public accounting firm I and has not been engaged by the Issuer to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. Pursuant to Rule G-23 of the Municipal Securities Rulemaking Board, the Issuer reserves the right to invite the Financial Advisor to participate in the underwriting I of the Bonds and Certificates. If any entity or company associated with the Financial Advisor submits a competitive bid, it shall fax said bid to the Issuer (Fax No. 320-363-0342) at least fifteen (15) minutes prior to the deadline otherwise established for the receipt of such a bid. ., - 12- I I I. TAX EXEMPTION General In the opinion of Bond Counsel, under federal and Minnesota laws, regulations, rulings and decisions in effect I on the date of issuance of the Bonds, interest on the Bonds is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes. I Interest on the Bonds is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as amended (the "Code"), however, impose continuing requirements that must be met after the issuance of the Bonds in order for interest thereon to be and remain not includable in federal gross income and in Minnesota taxable net income. I Noncompliance with such requirements by the County may cause the interest on the Bonds to be includable in gross income for purposes of federal income taxation and in taxable net income for purposes of Minnesota income taxation, retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on which such noncompliance is ascertained. No provision has been made for redemption of or for an increase in the I interest rate on the Bonds in the event that interest on the Bonds becomes includable in federal gross income or Minnesota taxable income. I Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is includable in adjusted current earnings in determining the federal alternative minimum taxable income of corporations for purposes of the federal I alternative minimum tax. Interest on the Bonds may be includable in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is includable in the net investment income of foreign insurance companies for purposes of Section 842(b) of the Code. In the case of an insurance I company subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to fifteen percent of the interest on the Bonds that is received or accrued during the taxable year. Section 86 of the Code requires recipients of certain Social Security and railroad retirement benefits to take into account, in I. determining the taxability of such benefits, receipts or accruals of interest on the Bonds. Passive Investment Income of S Corporations I Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for a Subchapter S corporation that has Subchapter C earnings and profits at the close of the taxable year if greater than twenty-five percent of the gross receipts of such Subchapter S corporation is I passive investment income. Section 265 of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Bonds or, in the case of a financial institution, that portion of the holder's interest expense allocated to interest on the Bonds, except with respect to certain financial institutions (within I the meaning of Section 265(b) of the Code). The above is not a comprehensive list of all federal tax consequences which may arise from the receipt of I interest on the Bonds. The receipt of interest on the Bonds may otherwise affect the federal or State of Minnesota income tax liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items or deductions. Bond Counsel expresses no opinion regarding any such consequences. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax I consequences of, or tax considerations for, purchasing or holding the Bonds. Qualified Tax-Exempt Obligations I The Issuer will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt I obligations" are treated as acquired by a financial institution before August 8, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. I. - 13- I I CITY OF ST. JOSEPH L'. ~~'...:'''~' u,,:'''''''''' '" 1?!1!t~v' .. _,l: St.! e-pn, Mmnesota' ~ - tff'(l#T;uD1;l,;f'PJ.at:t. GENERALINFO~TION -, Location/ Accessffransportation I S1. Joseph, situated in Steams County, is located in the central portion of Minnesota. The City lies I approximately eight miles west of S1. Cloud and 70 miles northwest of the Minneapolis-S1. Paul Metropolitan Area. Access is provided via County Roads 2 and 75. In addition, Interstate Highway 94 lies just one mile west of the City, U.S. Highway 10 lies ten miles east of the City, and State Highways 15 and 23 lie eight and five miles south of the City, respectively. Principal truck lines serving the City include Scherer & Sons Trucking and I Anderson Trucking. There are approximately thirty-five miles of paved streets within the City's corporate limits. Tax Base I For taxes collectable in 2004, the tax breakdown is 59.78% residential homestead (non-agriculture), 1.04% agricultural, 25.0 I % commercial & industrial, .39% public utility, 11.92 non-homestead residential, .38% other, and 1.48% personal property. I Area 2,135 Acres I (3.3 Square Miles) Population I 1970 Census 1,786 2000 Census 4,681 1980 Census 2,994 2005 Estimate' 5,438 .1 1990 Census 3,367 Municipal Enterprise Services The Water Utility has approximately 1,350 connections served by a 500,000-gallon elevated storage facility I along with three municipal wells that have the capacity to pump 750 gallons per minute or 1,080,000 gallons per day. In addition, the City also has a reconstructed (1996) water filtration plant. The City is in the process of I designing a second water filtration plant that will double the treatment capacity. Average demand is 380,000 gallons per day while peak demand reaches 900,000 gallons per day. Total tap water hardness is 20 parts per million. The 2004 audited operating revenues were $275,567 with the average charge per year per household and I commercial at approximately $204. The Sanitary Sewer Utility has approximately 1,400 connections served by a 13,000,000 gallon per day I wastewater treatment facility along with five lift stations. The City became part of the St. Cloud Interceptor System in 1986 and all wastewater is pumped to S1. Cloud. Average demand is 10,500,000 gallons per day while peak demand reaches 12,000,000 gallons per day. I I I · Source: MN State Demographer. .. - 14- I ------- ___ n______ _______ I I. The 2004 audited operating revenues were $308,754 with the average charge per year per connection at approximately $220. Refuse Sanitation System. The City contracts privately for its waste management system, providing weekly I pick-up to all City residents. The 2004 audited operating revenues were $233,365 with net income before operating transfers of $48,754. I Other Municipal Services Fire and Rescue/Emergency Department. The City currently has a 29-member volunteer fire and rescue/emergency department consisting of two various size pumper-ladder trucks, two tankers, one grass rig, I one snowmobile with rescue sled, one emergency/rescue vehicle as well as other miscellaneous fire fighting and rescue equipment. I Police Department. The City operates its own police department providing 24-hour coverage. Staff includes one chief of police, one sergeant, six full-time officers and four part-time, along with six reserve members. The City leases three fully equipped patrol cars rotated on a three-year basis, all fully computerized, as well as other miscellaneous equipment. The Stearns County Sheriff's Department provides all dispatching services. In I addition, the City also provides mutual aid to the cities of Waite Park and Sartell. Park and Recreational Facilities. The City currently operates six municipal parks encompassing approximately I 75 acres. Facilities include two tot lots; two baseball/softball fields; sheltered picnic areas with a fireplace; walking paths; wildlife areas; a camping area with ten electrical hookup sites; and general playground equipment. In addition, the City provides summer recreation programs for children of all ages with varied activities. The combination of these parks and facilities provides a complete park and recreation system I throughout the City. City Government I. St. Joseph, organized on January 17, 1890, is a Minnesota Statutory City with an 'Optional Plan A' form of government. It has a mayor elected at large for a two-year term and four council members also elected at large for four-year terms. The professional staff is appointed and consists of an administrator/clerk, consulting I attorney, and engineer. In addition, the City has hired a consulting firm to coordinate the activities of the EDA. Comprehensive Plan I The City adopted a new Comprehensive Plan in December 2002. The Plan illustrates the following areas: community characteristics and settings; trends and assumptions; land use; housing; transportation; public utilities [wastewater (sewer) and water]; municipal buildings and public services; park and recreation; economic I development; and implementation. The Plan includes Land Use Planning Goals and objectives including social, economic and transportation issues, as well as Projected Growth Areas outlining desired growth and statistical demographics. In addition, the City achieved Star City status that includes short-term as well as long-term goals. I As a result, St. Joseph formed an Economic Development Authority and hired a full-time Economic Development Director. Further, the City and Township of St. Joseph have signed and adopted a joint merger/consolidation agreement that will consolidate the majority of St. Joseph Township with the City of St. Joseph. The plan identifies annexation areas in 5, 10, 15 and 20-year increments. I Employee Pension Programs I The City employs twenty-eight people; sixteen full-time, five part-time, and seven seasonal part-time. The pension plan currently covers twenty-two of the City's employees as of December 31, 2004. I .. 015 - I I The City participates in contributory pension plans through the Public Employees Retirement Association .' (PERA) under Minnesota Statutes, Chapters, 353 and 356, which covers all full-time and certain part-time employees. PERA administers the Public Employees Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost sharing, multiple-employer retirement plans. Benefits are established by State Statute, and vest after three years of credited service. State Statute requires the City to fund current service I pension cost as it accrues. Defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. City contributions to PERF and PEPFF for the past ten years have been as follows: I Year Amount Year Amount 2004 $49,781 1999 $39,581 I 2003 49,063 1998 38,774 2002 47,245 1997 35,186 2001 43,444 1996 32,947 I 2000 41,862 1995 30,826 Volunteer firefighters of the City are eligible for pensIOn benefits through membership In the S1. Joseph Fire Relief Association organized under Minnesota Statutes, Chapter 69, and administered by a I separate Board elected by the membership. This plan is funded by state aids as well as contributions from the City of S1. Joseph, S1. Joseph Township and S1. Wendell Township. The City is obligated to contribute to the Fund according to a formula that compares growth in the estimated pension liability to the annual estimated state aid and interest earnings of the pension fund. State statute requires this plan to fund current service cost as I it accrues and prior service cost amortized over a period often years. Labor Force Data Comparative average labor force and unemployment rate figures for 2005 (through June) and year-end 2004 I from the Minnesota Department of Economic Security, Research and Statistics Office, are listed below. Figures are not seasonally adjusted and numbers of people are estimated by place of residence. .1 June, 2005 2004 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate I Steams County 82,287 4.8% 81,871 4.5% S1. Cloud MSA 104,882 4.9 104,379 4.7 Minnesota 2,961,934 4.3 2,951,862 4.7 I Residential Development There are approximately 1,239 single-family homes and 232 multifamily units (127 structures) located within I the City. In addition, there have been 47 single-family homes and 10 multifamily dwellings constructed within the past twelve months. The status of residential subdivisions constructed or planned within the past three years is as follows: Total Number of Remaining I Subdivision Number of Lots/Units Lots/Units Name Lots/Units Completed Available Graceview Three 28 Under Construction N/A I Liberty Point 71 20 51 Northland Seven 28 28 0 Northland Eight 23 23 0 I Northland Heights 88 Under Construction N/A Pondview Seven 18 18 0 River's Edge 852 Preliminary Plat N/A I Phase {-River's Edge 54 Under Construction N/A ., -16- I ------------ ---------------- I I. Industrial Parkes) There is an approximately 165-acre industrial park located within the City with a capacity of 39 enterprises. Currently there are 31 enterprises occupying the park, the larger of which include DBL Labs Inc., W. Gohman I Construction Co., Vie West Steel, MCO Lens Crafting, and Scherer & Sons Trucking. The City will be awarding bids to finish the utility improvement for the industrial park development. I The City is in the process of marketing the St. Joseph Industrial Park, which is privately owned. However, the EDA is working with the owner to market and sell lots. The park is being developed with utilities and tax increment financing is being offered to businesses that quality. The City has seen considerable industrial growth and has been developing fourteen acres per year. The City only has ten acres remaining. Also, the City is in the I process of developing a second industrial park. CommerciallIndustrial Development I Building construction and commercial/industrial growth completed within the past twelve months, as reported by the City, is as follows: I Description Name Product/Service of Construction BTL Properties Incubator Facility Facility I City of St. Joseph City Government Maintenance Facility DM Partnership Contractor Building MN Home Improvements Contractor Building I North Central Truck Accessories Parts Supply Facility OMSIMAC Army Maintenance Maintenance Facility I. Building Permits Building permits issued for the past nine years and a portion of the current year is as follows: I Commercial/ Industrial Residential Total Total Number Number Number Permit Year of Permits of Permits of Permits Valuation I 2005 (as of 8/15/05) 23 229 252 $ 17,872,971 2004 21 237 258 15,152,470 I 2003 10 109 119 19,348,022 2002 6 67 73 11,344,840 2001 17 119 136 7,416,389 I 2000 5 64 69 8,718,600 1999 4 62 66 3,872,735 1998 15 85 100 6,558,780 1997 6 35 41 5,697,300 I 1996 0 27 27 4,386,375 Financial Institutions I Banking and financial services provided within the City include First State Bank of St. Joseph. Reported deposits as of March 31, 2005, were $54,868,000 as obtained from the Federal Deposit Insurance Corporation I (FDIC) website. Ie - 17 - I I Education .. St Joseph is served by Independent School District No. 742, St Cloud. ISO No. 742 is headquartered in the City of St Cloud, with portions of the District situated in four counties: Benton, Sherburne, Stearns, and Wright The District includes the cities of St Cloud, Waite Park, St Joseph, Pleasant Lake, Clear Lake, and Clearwater I as well as all or a portion of 18 townships. The District encompasses approximately 240 square miles and has an estimated population of 87,174. The District operates eight elementary schools; two junior high schools, grades seven and eight; two senior high schools, grades nine through twelve; and an alternative learning center. I Directly located within City limits is one elementary school, grades kindergarten through four, with an estimated enrollment of 370. Combined enrollment for the 2004/2005 school year was approximately 9,481. In addition, there is one parochial school located within the City, St Joseph Laboratory, which has grades I kindergarten through six. Further, St Joseph Laboratory is accredited by the Minnesota Nonpublic School Accrediting Association. Post secondary education is available at the following schools: I Distance from I School Type Location St. Joseph St Cloud Technical College V ocationallTechnical St Cloud, Minnesota 8 Miles St Cloud Business College Business College St Cloud, Minnesota 7 Miles I St Cloud Beauty School Beauty School St Cloud, Minnesota 7 Miles St. Cloud State University State University St. Cloud, Minnesota 10 Miles College ofSt Benedict Private College St. Joseph, Minnesota o Miles St. John's University Private University Collegeville, Minnesota 2 Miles I Major/Leading Employers The City has 22 retail or commercial enterprises in the downtown area employing an estimated 158 people. .1 Following are the eleven-major/leading employers within the City as reported by the City: Number of I Commercial Product/Service Emolovees 1 College of St Benedict Private College 440 I DBL Labs Inc.2 Ophthalmic Lens Crafting 177 Convent of St. Benedict Monastery 102 W. Gohman Construction Co.2 N omesidential Construction 40 Vic West SteeP Fabricated Structural Metal 36 I MCO Lens Crafting2 Ophthalmic Lens Crafting 31 City ofSt. Joseph3 City Government 28 Scherer & Sons Trucking2 Trucking Services 27 I AccuServ Data Processing Services 26 La Playette Bar & Restaurant Bar/Restaurant 25 St. Joseph Parish School Church/Private Education 23 I I 1 Includes full-time, part-time, and seasonal employees. I .. 2 Located within the approximately 165-acre industrial park. 3 Constitutes sixteen full-time, five part-time, and seven seasonal part-time employees. - 18 - I I I. Largest Taxpayers Following are the ten largest taxpayers within the City as reported by Stearns County: I Percent of Real Property 2004/2005 2004/2005 to Net Tax I Estimated Net Tax Capacity Name Service Market Value Cavacitv ($2,247,139)1 St. Joe Development LLC Industrial $2,471,500 $48,680 2.17% Individual Apartments 3,127,000 39,087 1.74 I Xeel Energy Utility 1,700,400 33,833 1.51 First State Bank of St. Joseph Commercial 1,451,400 28,278 1.26 Cloverdale Properties Apartments 1,973,500 24,669 UO I SKN Commercial 1,233,100 23,912 1.06 St. Joseph's Assisted Living, Inc. Apartments 1,639,500 20,494 0.91 Individual Apartments 1,563,700 19,547 0.87 Individual Industrial 994,100 19,132 0.85 I Yaksich Properties, LLC Commercial 714,800 13,546 0.60 I I I. I I I I I I I .e I Before tax increment adjustment. - 19- I I MINNESOTA V ALUA nONS; PROPERTY TAX CLASSIFICA nONS .. Market Value According to Minnesota Statutes, Chapter 273, all real property subject to taxation is to be appraised at maximum intervals of four years. All real property becoming taxable in any year is listed at its estimated market I value on January 2 of that year. The estimated market value is the County Assessor's appraisal of the worth of the property. Indicated Market Value I The Minnesota Department of Revenue conducts the Real Estate Sales Assessment Ratio Study to accomplish I equalization of property valuation in the State of Minnesota and to determine the probable selling price of a property. The study is a three-year average of sale prices as related to the latest assessor's estimated market value. The indicated market value is determined by dividing the estimated market value by the Sales Assessment Ratio for the city as determined by the Department of Revenue. I Tax Cycle Minnesota local government ad valorem property taxes are extended and collected by the various counties I within the state. The process begins in the fall of every year with the certification, to the county auditor, of all local taxing districts' property tax levies. Local tax rates are calculated by dividing each taxing district's levy by its net tax capacity. One percentage point of local tax rate represents one dollar of tax per $100 net tax capacity. I A list of taxes due is then prepared by the county auditor and turned over to the county treasurer on or before the first Monday in January. The county treasurer is responsible for collecting all property taxes within the county. Real estate tax statements I are to be mailed out no later than March 31 and personal property tax statements no later than July 4. The due dates for payment of real property taxes are one-half on or before May 15 and one-half on or before October 15. Personal property taxes become due one-half on or before August 31 and one-half on or before November 15. Following each settlement (January 25, June 19, and December I of each year), the county treasurer must el redistribute property tax revenues to the local taxing districts in proportion to their tax capacity ratios. Delinquent property taxes are penalized at various rates depending on the type of property and the length of I delinquency. Tax Credits Prior to 1990, taxes on homestead residential and agricultural property were reduced by a direct subsidy to the I taxpayer. Beginning in 1990, the homestead credit has been eliminated. The state subsidy is now accomplished through lower class rates to homesteaded classifications of property and increased state aids paid directly to I local taxing districts. This new system is intended to have generally the same impact as the former homestead credit system. Tax Levies for General Obligation Bonds I (Minnesota Statutes, Section 475.61) The governing body of any municipality issuing general obligations shall, prior to delivery of the obligations, levy by resolution a direct general ad valorem tax upon all taxable property in the municipality to be spread I upon the tax rolls for each year of the term of the obligations. The tax levies for all years shall be specified and such that if collected in full they, together with estimated collections of special assessments and other revenues pledged for the payment of said obligations, will produce at least five percent in excess of the amount needed to I meet when due the principal and interest payments on the obligations. Such resolution shall irrevocably appropriate the taxes so levied and any special assessments or other revenues so pledged to the municipality's debt service fund or a special debt service fund or account created for the payment of one or more issues of obligations. I .. - 20- I -------- I I. The governing body may, at its discretion, at any time after the obligation have been authorized, adopt a resolution levying only a portion of such taxes, to be filed, assessed, extended, collected and remitted as hereinafter provided, and the amount or amounts therein levied shall be credited against the tax required to be levied prior to delivery ofthe obligations. I The recording officer of the municipality shall file in the office of the county auditor of each county in which any part of the municipality is located a certified copy of the resolution, together with full information regarding I the obligations for which the tax is levied. No further action by the municipality is required to authorize the extension, assessment and collection of the tax, but the municipality's liability on the obligations is not limited thereto and its governing body shall levy and cause to be extended, assessed and collected any additional taxes found necessary for full payment of the principal and interest. The auditor shall annually assess and extend upon I the tax rolls the amount specified for such year in the resolution, unless the amount has been reduced as authorized below or, if the municipality is located in more than one county, the portion thereof that bears the same ratio to the whole amount as the tax capacity value of taxable property in that part of the municipality I located in his county bears to the tax capacity value of all taxable property in the municipality. Tax levies so made and filed shall be irrevocable, except that if the governing body in any year makes an irrevocable appropriation to the debt service fund of moneys actually on hand or if there is on hand any excess I amount in the debt service fund, the recording officer may certifY to the county auditor the fact and amount thereof and the auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. I All such taxes shall be collected and remitted to the municipality by the county treasurer as other taxes are collected and remitted, and shall be used only for payment of the obligations on account of that levied or to repay advances from other funds used for such payments, except that any surplus remaining in the debt service I fund when the obligations and interest thereon are paid may be appropriated to any other general purpose by the municipality . I. Class Rate The factors (class rates) for converting estimated market value to net tax capacity represent a basic element of the State's property tax relief system and are therefore subject to annual revisions by the State Legislature. I Refer to the following page for a partial summary of these factors. I I I (Remainder of page lefl intentionally blank) I I I I. - 21 - I I The following is a partial summary of these factors: .' Property Tax Classifications Class Rate Schedule 1999/ 2000/ 200/1 2002/ 2003/ I Class Tvpe of Property 2000 2001 2002 2003 2004 la Residential Homestead Under $76,000 1.000% 1.000% 1.000% 1.000% 1.000% I $76,001-$500,000 1.650 1.650 1.000 LOOO 1.000 Over $500,000 1.650 1.650 1.250 1.250 1.250 2a Agricultural Land & Buildings Homestead: Under $115,000 .350 .350 .550 N/A N/A I $115,000-$600,000 Under 320 Acres .800 .800 .550 N/A N/A Over 320 Acres .800 .800 .550 N/A N/A Over $600,001 Under 320 Acres 1.200 1.200 I. 000 N/A N/A I Over 320 Acres 1.200 1.200 1.000 N/A N/A Agricultural Homestead - House. Garage. One Acre: First $500,000 I. 000 1.000 I. 000 I Over $500,000 1.250 1.250 1.250 Remainder of Farm' - First $600,000 .550 .550 .550 Over $600,000 I. 000 1.000 1.000 2b Non-Homestead Agricultural Land' 1.200 1.200 1.200 I. 000 I. 000 I 3a CommerciallIndustrial Public Utility t First $150,000 2.400 2.400 1.500 1.500 1.500 Over $150,000 3.400 3.400 2.000 2.000 2.000 I Residential Non-Homestead Apartments: 4bb( I) I Unit First $500,000 I. 000 1.000 I Unit Over $500,000 1.250 1.250 el I unit 1.000 1.000 .900 4d I to 3 units I. 000 N/A 2 or 3 units 1.000 I. 000 .900 I. 000 N/A 4a 4 or more units (including private for-profit hospitals) 2.400 2.400 1.800 1.500 1.250 Cities of population < 5,000 - 4 or more units 2,150 2,150 1.800 I Four or more units built after 6/30/01 1.250 4bb(2) Under $76,000 1.200 1.200 1.000 I. 000 I. 000 $76,00 1-$500,000 1.650 1.650 I. 000 1.000 1.000 Over $500,000 1.650 1,650 1.250 1.250 1.250 I 4b(4) Vacant Land 1.650 1.650 1.500 1.250 1.250 4c(1) Seasonal Recreational Residentialt, a I Non-Commercial: Under $76,000' 1.200 1.200 1.000 1.000 I. 000 $76,001-$500,000' 1.650 1.650 1.000 1.000 I. 000 Over $500,000' 1.650 1.650 1.250 1.250 1.250 Commercial seasonal-residential recreational- I Ic under 250 days and includes homestead First $500,000 1.000 1.000 1.000 I. 000 I. 000 Over $500,000 1.000 1.000 1.000 1.000 1.000 4c(2) Qualifying golf courses I Under $500,000 1,650 1.650 1.000 1.250 1.250 Over $500,000 1.650 1.650 1.250 1.250 1.250 I , Exempt from referendum market value based taxes, I t Subject to the state general property tax, e. a Note: For pwposes of the state "coeral DroDertv tax onIv, the net tax capacity of non-commercial class 4c(l) seasonal recreational residential property has the following class rate structure: First $76,000 0.40%, $76,001.$500,0001.00% and over $500,000 \.25%, - 22. I I I CITY OF ST. JOSEPH . ECONOMIC AND FINANCIAL INFORMATION I Valuations I Estimated Net Tax Market Value Capacity 2004/2005 2004/2005 I Real Property $ 202,397,400 $2,247,139 Personal Property 1,722,600 33,702 Less Tax Increment Deduction ( 82,015) I Total Valuation $ 204.120.000 $2.198 826 I Market Value after Sales Assessment Ratio The Minnesota Department of Revenue conducts the Real Estate Sales Assessment Ratio Study to accomplish I equalization of property valuations in the State and to determine the probable selling price of a property. The Study is a three-year average of sale prices as related to the latest assessor's market value. The latest Sales Assessment Ratio (2004) in St. Joseph is 88.3% meaning the County Auditor's recorded real property market value of $202,397,400 is 88.3% of the probable resale market value. We have made the following computations I in deriving the market value figure used in the "Summary of Debt and Debt Statistics." $ 202,397,400 County Auditor's recorded real property market value. Ie 88.3% Latest Composite Ratio from the Real Estate Sales Assessment Ratio Study of the Minnesota Department of Revenue. I = $ 229,215,629 Indicated market value of real property. + 1, 722,600 Personal property. I = $ 230.938 229 Indicated market value of real and personal property used in "Summary of Debt and Debt Statistics." I I I I I .e - 23- I I Sales Assessment Ratios I Sales assessment ratios over the past ten years have been as follows: - Year Ratio Year Ratio I 2004 88.3% 1999 90.2% 2003 84.1 1998 89.2 2002 78.5 1997 90.7 I 2001 86.1 1996 90.3 2000 89.7 1995 91.4 Valuation Trends (Real and Personal Property) I Valuation trends over the past eight years have been as follows: Net Tax Net Tax I Capacity Capacity Levy Year/ Indicated Estimated Before Tax After Tax Collection Year Market Value Market Value Increments Increments I 2004/2005 $230,938,229 $204,120,000 $2,280,841 $2,198,826 2003/2004 201,180,904 169,450,800 1,879,622 1,862,341 2002/2003 173,652,597 136,656,000 1,515,690 1,501,328 I 200 1I2002 134,506,810 116,026,800 1,323,601 1,309,995 2000/200 I 109,872,478 98,697,300 1,418,123 1,417,637 1999/2000 97,950,303 87,514,500 1,234,989 1,234,635 I 1998/1999 87,072,654 77,808,700 1,089,251 1,089,251 1997/1998 77,892,338 69,615,700 1,065,687 1,063,403 Breakdown of Valuations el 2004/2005 Estimated Market Value, Real and Personal Property: Real Property 1 $ 202,397,400 99.16% I Personal Property 1. 722,600 .84 Total $ 204 120.000 100.00% I 2004/2005 Tax Capacity, Real and Personal Property (before tax increment deduction): Residential Homestead $ 1,363,396 59.78% I Agricultural 23,831 1.04 Commercial & Industrial 570,523 25.01 Public Utility 8,791 .39 I Non-Homestead Residential 271,985 11.92 Other 8,613 .38 Personal Property 33,702 1.48 Total $ 2280841 100 00% I I I 1 Breakdown of Real Property Estimated Market Value is not available from Steams County. e. 024 - I I I Tax Capacity Rates Tax capacity rates over the past five-assessable/collection years have been as follows: e 2000/01 2001102 2002/03 2003/04 2004/05 I Tax Tax Tax Tax Tax Levy Year/ Capacity Capacity Capacity Capacity Capacity Collection Year Rates Rates Rates Rates Rates I Steams County 42.417% 54.974% 53.513% 51.337% 49.167% City of St. Joseph 46.718 44.640 48.327 46.641 45.051 ISO No. 742, St. Cloud 47.565 17.13 It 20.717t 15.476t 12.907t I Sauk River Watershed .365 .824 1.206 .556 .487 Steams County HRA .497 .601 .536 .472 .407 Totals: 137.562 118.170 124.299 114.482 108.019 I Tax Levies and Collections(1) I Levy Year/ 2000/ 2001/ 2002/ 2003/ Collection Year 2001 2002 2003 2004 Original Gross Tax Levy $ 662,292 $ 497,269 $ 633,801 $ 769,712 I Property Tax Credits(2) N/A N/A N/A N/A I Levy Adjustments ( 6,31 7) ( 39) ( 0) ( 0) Net Tax Levy $ 655,975 $ 497,230 $ 633,801 $ 769,712 Ie Amount Collected during Collection Year $ 648,525 $ 489,493 $ 618,635 $ 757,406 I Percent of Net Tax Levy Collected 98.86% 98.44% 97.61% 98.40% Amount Delinquent at end of Collection Year $ 7,450 $ 7,737 $ 15,166 $ 12,306 I Delinquencies Collected as of (12/3 l/04) ( 7,371 ) ( 7,415) ( 9,505) ( 0) I Delinquencies Abated or Cancelled as of (l2/3l/04) ( 42) ( 34) ( 0) ( 0) I Total Delinquencies Outstanding as of (l2/3l/04) $ 37 $ 288 $ 5,661 $ 12,306 I Percent of Net Tax Levy Collected 99.99% 99.94% 99.11 % 98.40% Note: 2004/2005 Gross Tax Levy $883,076 2004/2005 Net Tax Levy N/A I Indirect Debt I t Effective in 2002, the State of Minnesota took over most of the funding for the school districts, including the general fund, transportation, etc. The only funding that remains for school districts is community service, general debt service, and general net tax capacity . .e (1) 2004/2005 property taxes are currently in the process of collection/reporting and no updated figures are available from Steams County. (2) Property tax credits are aids provided by the State of Minnesota and paid directly to the City. - 25- I I 2004/2005 .1 2004/2005 Net Tax Net Tax Capacity Percentage Taxpayers' Capacity Value Applicable Share I Issuer Value(l) in City(l) in City Net Debt of Debt Steams County $93,765,286 $2,198,826 2.35% $14,925,000(2) $ 350,738 ISO No. 742, St. Cloud 59,535,561 2,198,826 3.69 10,692,233(3) 394,543 I Steams County HRA 60,809,717 2,198,826 3.62 1,035,000(4) 37.467 Net Indirect Debt: $ 782.748 I I I I I el I I I I I I (I) Taxable Net Tax Capacity value after lax increment adjustment I (2) Steams County reported bond indebtedness of 3118,655,000 and sinking funds of 313,730,000 as of December 31,2004. (3) ISD No. 742, St Cloud, reported bond indebtedness of 3113,130,000 and sinking funds 0[$2,437,767 as of December 31,2004. el (4) Steams County HRA has bond indebtedness of 31 I ,035,000 and sinking funds of $0 as of December 31, 2004, as reported by Steams County . - 26- I ---- -.- ------- I .. Statutory Debt Limitl Minnesota Statutes, Section 475.53, states that a city may not incur or be subject to a net debt in excess of two percent (2%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad I valorem taxes. Computation of Legal Debt Margin as of August 2, 2005: I 2004/2005 Estimated Market Value $ 204,120,000 Times 2% of Estimated Market Value x .02 I Statutory Debt Limit $ 4.082 400 Amount of debt applicable to debt limit: I $245,000 G.O. Certificates of Indebtedness of2002 $ 125,000 $815,000 G.O. Fire Hall Crossover Refunding Bonds of 2003 815,000 $280,000 G.O. Certificates ofIndebtedness of 2004 280.000 I Total debt applicable to debt limit $ 1.220.000 I Legal debt margin $ 2.862.400 Cash and Investment Balances as of May 31,2005 (unaudited) I Fund Ie General Fund $1,093,643 Special Revenue Funds (24,558) Debt Service Funds 2,227,299 I Capital Projects 1,861,278 Special Assessments 927,317 Enterprise Funds 2 21 8 193 I Total Cash and Investment Balances $8303 172 I I I I I .e I Pursuant to Minnesota Statutes 465.71, any lease revenue or public project revenue bond issues/agreements of $1,000,000 or more are subject to the statutory debt limit. Lease revenue or public project revenue bond issues/agreements less than $1,000,000 are not subject to the statutory debt limit. - 27- I I CITY OF ST. JOSEPH, MINNESOTA GENERAL OBLIGATION DEBT e- (As of August 2, 2005, Plus This Issue) Pu rpose: G.O. G.O, G.O. G.O. G.O. G,O. I Improvement Improvement Improvement Sewer CertijiJ:ates Improvement Bonds Bonds Bonds Revenue of Bonds of of of Bonds of Indebtedness of I 1998 1999 2001 2001 of 2002 2002 Dated: 11101198 10/01/99 09/0110 I 10/01101 01101102 08/01102 Original Amount: $545,000 $1,330,000 $810,000 $640,000 $245,000 $4,700,000 Maturity: I-Dee I-Dee I-Dee I-Dee I-Dee I-Dee Interest Rates: 3,90-5,00% 4,875-5.20% 3.00-3.85% 3.30-5.15% 2,75-4.20% 2,00-4.30% I 2005 $80,000 $165,000 L.,__............E?,.QQ.9...J $60,000 $405,000 2005 2006 80,000 165,000 ! 25,000 ! 65,000 235,000 2006 2007 85,000 o i 25,000 i 0 240,000 2007 2008 90,000 o ! 25,000 1 0 250,000 2008 I 2009 95,000 o L_________2?J~_l!.9.j 0 260,000 2009 2010 100,000 0: 30,000 ! 0 270,000 2010 2011 105,000 01 30,000 ! 0 280,000 2011 , 2012 11 0,000 , 30,000 i 0 295,000 2012 01 I 2013 115,000 0: 30,000 : 0 310,000 2013 2014 0 125,000 0 35,000 0 315,000 2014 2015 0 0 0 35,000 0 330,000 2015 2016 0 0 0 35,000 0 345,000 2016 2017 0 0 0 40,000 0 355,000 2017 I 2018 0 0 0 40,000 0 0 2018 2019 0 0 0 45,000 0 0 2019 2020 0 0 0 45,000 0 0 2020 2021 0 0 0 45,000 0 0 2021 I $370,000 $985,000 $330,000 $565,000 $125,000 $3,890,000 (J) (1) (J) (3) (J) (4) (5) (6) (J) Pu rpose: G,O. G.O. G.O. G.O. G.O. el Water rife Hall Improvement Bonds Improvement Revenue Crossover Crossover of Bonds Refunding Refunding Refunding 2003 of I Bonds of 2002 Bonds of 2003 Bonds of 2003 2004 Dated: 09/01/02 07/01/03 07/01103 08/01/03 06/01104 Original Amount: $810,000 $815,000 $750,000 $1,615,000 $520,000 $590,000 Maturity: I-Dee I-Dee I-Dee I-Dee I-Dee I Interest Rates: 1.75-4,80% 1.50-4.40% 1.25-3,15% 1.25-2,65% 2,15-3,60% 2005 $85,000 $50,000 $115,000 $140,000 $100,000 $115,000 2005 2006 40,000 55,000 120,000 290,000 105,000 115,000 2006 2007 40,000 50,000 120,000 295,000 105,000 115,000 2007 I 2008 40,000 55,000 100,000 305,000 110,000 120,000 2008 2009 50,000 60,000 55,000 0 0 125,000 2009 2010 ~~:~~~ L.....___.__________~.~;.~~~ I 60,000 0 0 0 2010 2011 65,000 0 0 0 2011 I 2012 55,000 i 65,000 i 0 0 0 0 2012 2013 55,000 1.--m.-----~~J~.Q.Q-i 0 0 0 0 2013 2014 60,000 : 70,000 1 0 0 0 0 2014 2015 65,000 ! 75,000 ! 0 0 0 0 2015 2016 70,000 I 75,000 I 0 0 0 0 2016 I 2017 o 80,000 0 0 0 0 2017 2018 0 0 0 0 0 0 2018 2019 0 0 0 0 0 0 2019 2020 0 0 0 0 0 0 2020 I 2021 0 0 0 0 0 0 2021 $660,000 $815,000 $635,000 $1,030,000 $420,000 $590,000 (1) (8) (6) (9) (/0) (/) (J/) (/1) (J) (/3) (J) I e. -28--- I I Ie CITY OF ST. JOSEPH, MINNESOTA GENERAL OBLIGA110N DEBT (As of August 2, 2005, Plus This Issue) I Tl,is Issue Purpose: G.O. G.O. G.O. CertijUaJes of Improvement Improvement Indebtedness Bonds, Bonds, I of Series Series 2004 2005B 2005C Dated: 08/01104 03/01/05 09/01105 Original Amount: $280,000 $1,655,000 $2,775,000 Maturity: I-Dec I-Dec I-Dec I Interest Rates: 2.40-3.25% 2.50-4.40% -------- TOTALS: 2005 $65,000 $0 $0 $1,440,000 2005 2006 70,000 90,000 520,000 2,010,000 2006 I 2007 70,000 90,000 540,000 1,810,000 2007 2008 75,000 95,000 555,000 1,855,000 2008 2009 0 95,000 570,000 1,380,000 2009 2010 0 95,000 590,000 1,295,000 2010 2011 0 100,000 0 735,000 2011 I 2012 0 105,000 0 705,000 2012 2013 0 11 0,000 0 735,000 2013 2014 0 110,000 0 715,000 2014 2015 0 115,000 0 620,000 2015 2016 0 120,000 0 645,000 2016 I 2017 0 125,000 0 600,000 2017 2018 0 130,000 0 170,000 2018 20]9 0 135,000 0 ]80,000 2019 2020 0 ] 40,000 0 185,000 2020 I 2021 0 0 0 45,000 2021 $280,000 $1,655,000 $2,775,000 $]5,]25,000 (6) (1) (1) Ie NOTE: 83.83% OF GENERAL OBLIGATlON DEBT WILL BE RETIRED WITHIN TEN YEARS. (I) These bonds are payable primarily from special assessments against all benefited property and additionally secured by ad valorem taxes on all taxable I property within the City and without limitation oj amount. (2) Maturities a/these hond.. 2011 through 2013, inclusive, are subject to mandatory redemption on December J of their respective years, at a price o/par plus accrued interest, at a price of par plus plus accrued interest. (3) These bonds have been additionally secured by AMBAe ldemnity Corporation and are rated Aaa by Moody's Investors Service. (4) These honds are payable primarily from net revenues of the municipal sewer utility system and additionally secured hy ad valorem taxes on all taxable properly I within the City and without limitation of amount. (5) Maturities of these bonds (i) 2002 through 2005. inclusive; (ii) 2006 through 2009, inclusive; (iii) 2010 through 2013, inclusive; (iv) 2014 through 2017, inclusive; and (v) 2018 through 2021, inclusive, are suhject to mandatory redemption on Decemher 1 of their respective years, at a price of par plus plus accrued interest. I (6) These bonds are payable solely from ad valorem taxes on all taxable property within the City and without limitation of amount. (7) These bonds are payable primarily from net revenues of the municipal water utility system and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. (8) These bonds current refunded (lj $145,000 of the $475,000 General Obligation Water Revenue Bonds of 1992. dated October 1, 1992, Maturities 2003 through 2005, inclusive, were calledfor redemption on December 1, 2002, at a price o/par plus accrued interest and (ii) $645,000 afthe $780,000 General Obligation I Water Revenue Bondr of 1 996, dated June 1, 1996. Maturities 2003 through 2016, inclusive, were called for redemption on December I, 2002, at a price of par plus accrued interest. (9) These hands crossover refunded $945. 000 of the $1,235,000 General Obligation Bonds of 1997, doted April 1, 1997. Maturities 2005 through 2017, inclusive, were called for redemption on December 1, 2004, at a price of par plus accrued interest. I (10) Maturities of these bonds (i) 2010 through 2011. inclusive; (ii) 2012 through 2013, inclusive; (iii) 2014 through 2015. inclusive; and (iv) 2016 through 2017, inclusive, are subject to mandatory redemption on December 1 of their respective years, at a price of par plus plus accrued interest. (11) These bonds crossover refunded (i) $75,000 of the $90.000 General Obligation Improvement Bonds of 1992, dated July 1, 1992. Maturities 2004 through 2007, inclusive, were calledfor redemption on December 1, 2003, at a price of par plus accrued interest: (ii) $225,000 of the $550,000 General Obligation Improvement Bonds of 1993, dated November I, 1993. Maturities 2004 through 2008, inclusive, were calledfor redemption on December 1, 2003, at a price of I par plus accrued interest; and (iit) $795,000 of the $1.280,000 General Obligation Improvement Bonds of 1996, dated June I, 1996. Maturities 2004 through 2011, inclusive, were calledfor redemption on December I, 2003, at a price of par plus accrued interest. (/2) Maturities of these hands, 2010 through 2011, inclusive, are subject to mandatory redemption on December I of their respective years. at a price of par plus plus accrued interest. I (J 3) These bonds ore payable priml1ri/y from net revenues of the municipal water and storm sewer utility system and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. Ie -29- I I ECONOMIC DEVELOPMENT AUmORITY OF mE CITY OF ST. JOSEPH, MINNESOTA e- SPECIAL OBLIGATION DEBT (As of August 1, 1005) Public Publk Publk Project I Purpose: Project Project Revenue Cross- Revenue Revenue over Refunding Bonds of Bonds of Bonds, Series I 2000 2003 2005A Dated: 06/01/00 04/0 1/03 03/01105 Original Amount: $960,000 $700,000 $645,000 Maturity: I-Dee I-Dee I-Dee Interest Rates: 5,60-6.60% 2,00-4,90% 2,75-4,15% TOTALS: I 2005 $50,000 $35,000 $0 $85,000 2005 2006 55,000 35,000 0 90,000 2006 2007 60,000 40,000 0 100,000 2007 2008 60,000 40,000 70,000 170,000 2008 I 2009 65,000 40,000 75,000 180,000 2009 2010 70,000 45,000 75,000 190,000 2010 2011 75,000 45,000 80,000 200,000 2011 2012 80,000 50,000 85,000 215,000 2012 2013 80,000 50,000 80,000 210,000 2013 I 2014 90,000 55,000 90,000 235,000 2014 2015 95,000 55,000 90,000 240,000 2015 2016 0 55,000 0 55,000 2016 2017 0 60,000 0 60,000 2017 I 2018 0 65,000 0 65,000 2018 $780,000 $670,000 $645,000 $2,095,000 (I) (2) (I) (I) (3) Le.fis (615,000) (2) I Net SO, Debt: $1,480,000 NOTE: 79.95% OF EDA SPECIAL OBLIGATION DEBT WILL BE RETIRED WITHIN TEN YEARS. el (t) These bonds ore payable from annual appropriations to be mode by the cily's governing body, Thefullfoilh and credit of the City IS NOT pledgedforthe payment a/principal and interest. (2) These bonds will be crossover refilnded by the $645,000 Public Projed Revenue Crossover Refimding Bonds, Series 2005A, doted March I, 2005, Maturities I 2008 through 2015, inclusive, in aggregate oJS615,OOO, will be called/or redemption on December J. 2007, at Q price of 100.25 plus accured interest. (3) These bonds will crossover refilnd $615,000 of the $780,000 outstanding of the $960,000 Public Project Revenue Bonds of 2000, doted June I, 2000, Maturities 200S through 20/5, inclusive, will be called/or redemption on December J, 2007, al a price of /00.15 plus QL'cured interest. I I I I I I e. -30- I -------- --.--- I SUMMARY OF DEBT AND DEBT STATISTICS Ie General Obligation Debt Bonds secured by special assessments (includes this issue) $ 12,260,000 I Bonds secured by sewer revenues 565,000 Bonds secured by water revenues 660,000 Bonds secured by ad valorem taxes 1,220,000 I Bonds secured by storm sewer and water revenues 420.000 Subtotal $ 15,125,000 I Less debt service funds ( 2.227.299) I Net General Obligation Net Direct Debt $ 12,897,701 Add Taxpayer's share of net indirect debt 782.748 I Net Direct and Indirect Debt $ 13.680 449 I Special Obligations $960,000 Public Project Revenue Bonds of 2000 $ 780,000 I $700,000 Public Project Revenue Bonds of 2003 $ 670,000 $645,000 Public Project Revenue Crossover Refunding Bonds, Series 2005A $ 645.000 Total Special Obligation Debt 2,095,000 Ie Less Refunded Maturitiesl ( 615.000) Net Special Obligation Debt $ 1,480,000 I Facts for Ratio Computations I 2004/2005 Indicated Market Value (real and personal property) $230,938,229 2004/2005 Net Tax Capacity (real and personal property, after tax increment adjustment) $2,198,826 I Population (2005 Estimate) 5,438 I Debt Ratios Net Direct Net Net and I Direct Direct Indirect Indirect Debt Debt Debt Debt I To Indicated Market Value 6.55% 5.58% 0.34% 5.92% Per Capita $2,781 $2,372 $144 $2,516 Per Capita Adjusted2 $2,075 $1,770 $107 $1,877 I Ie I Includes $615,000 of the $780,000 outstanding of the $960,000 Public Project Revenue Bonds of2000, dated June 1,2000. Maturities 2008 through 2015, inclusive, will be called for redemption on December 1,2007 at a price of 100.25 plus accrued interest. 2 The City's tax base is 25.0 I % commercial & industrial and .39% public utility, which have been deducted. I - 31 - I APPENDIX A .- Proposed Form of Legal Opinion I I I I I I I el I I I I I I I e. I I Ie 2200 First National Bank Building 332 Minnesota Street Saint Paul, MN 5510 1 I BRIGGS AND MORGAN Telephone (651) 808-6600 Facsimile (651) 808-6450 I PROFESSIONAL ASSOCIA nON I I PROPOSED FORM OF LEGAL OPINION I $3,100,000 GENERAL OBLIGA nON IMPROVEMENT BONDS, SERIES 2005C CITY OF ST. JOSEPH I STEARNS COUNTY MINNESOTA I We have acted as bond counsel in connection with the issuance by the City ofS1. Joseph, Ie Stearns County, Minnesota (the "Issuer"), of its $3,100,000 General Obligation Improvement Bonds, Series 2005C, bearing a date of original issue of September 1, 2005 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem I necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or I sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified I proceedings and other certifications of public officials furnished to us without undertaking.to verifY the same by independent investigation. I Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the I accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our I opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to I their terms under the Constitution and laws of the State of Minnesota now in force. e I 1798012vl MINNEAPOLIS OFFICE. IDS CENTER. WWW.BRlGGS.COM I MEMBER - LEX MUNDI, A GLOBAL ASSOCIA nON OF INDEPENDENT LAW FIRMS I BRIGGS AND MORGAN e. PROPOSED FORM OF LEGAL OPINION I (2) The Bonds are valid and binding general obligations ofthe Issuer and all of the I taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) ofthe Bonds and the pledge of taxes for the payment of the principal and interest I thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights I heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the I interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and I imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on I corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied el subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain I of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the I receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS AND MORGAN I Professional Association I I I I 1798012vl e. I -- - ----- --- - I '. APPENDIX B Proposed Form of Continuing Disclosure Undertaking I I I I I I I Ie I I I I I I I ,e I -------- ---- I PROPOSED FORM OF CONTINUING DISCLOSURE UNDERTAKING el This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and I delivered by the City ofSt. Joseph, Minnesota (the "Issuer"), in connection with the issuance of $3,100,000 General Obligation Improvement Bonds, Series 2005C (the "Bonds"). The Bonds I are being issued pursuant to a Resolution adopted on August 4,2005 (the "Resolution"). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is I being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, I which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: I "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. I "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally I accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by el the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. I "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in I Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. I "National Repository" shall mean any Nationally Recognized Municipal Securities I Information Repository for purposes of the Rule. Currently, the following are National Repositories: Bloomberg Municipal Repository I 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225; Fax: (609) 279-5962 I http://www.bloomberg.com/markets/rates/municontacts.html Email: Munis@Bloomberg.com DPC Data Inc. I 1798012vl el I ------------------ ------..--------------- -------- I .e One Executive Drive I Fort Lee, NJ 07024 Phone: (201) 346-0701; Fax: (201) 947-0107 http://www.dpcdata.com I Email: nrmsir@dpcdata.com FT Interactive Data I Attn: NRMSIR 100 William Street New York, NY 10038 I Phone: (212) 771-6999; Fax: (212) 771-7390 (Secondary Market Information) (212)-771-7391 (primary Market Information) I http://www.interactivedata.com Email: NRMSIR@FTID.com I Standard & Poor's Securities Evaluations, Inc. 55 Water Street - 45th Floor New York, NY 10041 Phone: (212) 438-4595; Fax: (212) 438-3975 I www.jjkenny.com/jjkenny/pser_descrip_dataJep.html Email: nrmsir_repository@sandp.com Ie "Occurrence(s)" shall mean any of the events listed in Section 5.A. ofthis Disclosure Undertaking. I "Official Statement" shall be the Official Statement dated August ~ 2005, prepared in connection with the Bonds. I "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. I "Participating Underwriter" shall mean any ofthe original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Depository. I "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. I "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time I to time or interpreted by the Securities and Exchange Commission. "State" shall mean the State of Minnesota. I .e 1798012vI I I "State Depository" shall mean any public or private repository or entity designated by the .1 State as a state depository for the purpose of the Rule. As of the date of this Disclosure I Undertaking, there is no State Depository in Minnesota. SECTION 3. Provision of Annual Reports. I A. Beginning in connection with the Fiscal Year ending on December 31, 2005, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not I later than December 31, 2006, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date I required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. I SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the I Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. I The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained .1 in the Official Statement under the captions Economic and Financial Information; Summary of Debt and Debt Statistics; General Information -"Major Employers" and "Building Permits". B. Data extracted from preliminary, unaudited financial statements of the Issuer and I from past audited financial statements of the Issuer in the form and of the type contained in the Appendix of the Official Statement. I C. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to each Repository separately from the balance ofthe Annual I Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The I accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards I promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories I when available. I 1798012vl -I I ---- ----- ------ - I I. SECTION 5. Reporting of Significant Events. I A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: I (1) principal and interest payment delinquency; (2) non-payment related defaults; I (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; I (6) adverse tax opinions or events affecting the tax-exempt status ofthe security; (7) modifications to rights of security holders; (8) Bond calls; I (9) defeasances; (10) release, substitution or sale of property securing repayment of the Bonds; and (11) rating changes. I B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. Ifknowledge of the Occurrence would be material, the Issuer shall promptly file a notice I of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. Ie e. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. I SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment I in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or I engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. I SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if(a) a change in law or change in the ordinary I business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official I interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. I SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be I. deemed to prevent the Issuer from disseminating any other information, using the means of 1798012vl I I dissemination set forth in this Disclosure Undertaking or any other means of communication, or .1 including any other information in any Annual Report or notice of an Occurrence, in addition to I that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under I this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information I required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause I the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the I event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the I benefit of the Issuer, the Participating Underwriters and Owners from time to time ofthe Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing I any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions .1 of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: ,2005. CITY OF ST. JOSEPH, MINNESOTA I By I Its Mayor By I Its Administrator/Clerk I I I I 1798012vl .. I I I. APPENDIX C City's Financial Report I The following financial statements are excerpts from the annual financial report for the year ended December 31, 2004. The complete financial report for the year 2004 and the prior two years are available for inspection at the S1. Joseph City Hall and the office of Northland Securities. The reader of this Official I Statement should be aware that the complete financial report may have further data relating to the excerpts presented in the appendix which may provide additional explanation, interpretation or modification of the excerpts. I Excerpts from the Financial Report ~ Management's Discussion and Analysis I ~ Basic Financial Statements: ~ Government-wide Financial Statements: I - Statement of Net Assets - Statement of Activities ~ Fund Financial Statements: I Governmental Funds: - Balance Sheet - Reconciliation of the Balance Sheet to the Statement of Net Assets I - Statement of Revenues, Expenditures and Changes in Fund Balances - Reconciliation ofthe Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities Ie General Fund - Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual Proprietary Funds: I - Statement of Net Assets - Statement of Revenues, Expenses and Changes in Fund Net Assets - Statement of Cash Flows I Fiduciary Funds: - Statement of Fiduciary Net Assets I ~ Notes to Financial Statements I I I I Ie I I CITY OF ST. JOSEPH, MINNESOTA .1 MANAGEMENT'S DISCUSSION AND ANALYSIS December 31, 2004 I As management of the City of St. Joseph, we offer readers of the City of St. Joseph's financial I statements this nanative overview and analysis of the financial activities ofthe City ofSt. Joseph for the fiscal year ended December 31,2004. Financial Hiehliehts I + The assets of the City of St. Joseph exceeded its liabilities at the close ofthe most recent fiscal year by $22,994,779. Of this amount, $4,357,843 may be used to meet government's ongoing obligations to citizens and creditors. I + The government's total net assets increased by $1,329,519. + As of the close of the current fiscal year, the City ofSt. Joseph's governmental funds reported combined ending fund balances of $4,847,434 a decrease of$I,568,157. Of this I total amount, $2,195,550 is available or designated for spending at the govemment's discretion (unreserved fund balance). + At the end of the current fiscal year, unreserved undesignated fund balance for the general fund was $766,100 or 42% percent of total general fund expenditures. I + The City ofSt. Joseph's total debt decreased by $1,838,938 during the current fiscal year. Overview of the Financial Statements I This discussion and analysis is intended to serve as an introduction to the City of St. Joseph's basic financial statements. The City ofSt. Joseph's basic financial statements comprise three components: 1) government-wide fmancial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in el addition to the basic financial statements themselves. Government-wide financial statements. The government-wide financial statements are I designed to provide readers with a broader overview of the City ofSt. Joseph's finances, in a manner similar to a private-sector business. The statement of net assets presents information on all of the City of St. Joseph's assets and I liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City of St. Joseph's is improving or deteriorating. I The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the I underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and eamed but unused vacation leave). I I I 5 e. I -------- I I. CITY OF ST. JOSEPH, MINNESOTA MANAGEMENT'S DISCUSSION AND ANALYSIS I December 31, 2004 I The basic govemmental fund financial statements can be found on pages 18-26 ofthis report. Proprietary funds. The City ofSt. Joseph maintains proprietary funds. Enterprise funds are I used to report the same functions presented as business-type activities in the government-wide financial statements. The City of St. Joseph uses enterprise funds to account for its water, sanitary sewer, refuse and stOlID water. I Proprietary funds provide the same type ofinfonnation as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water, wastewater, refuse and storm water, all of which are considered to be I major funds of the City ofSt. Joseph. The basic proprietary fund financial statements can be found on pages 27-29 of this report. I Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 30-52 of this report. I Other information. The combining statements referred to earlier in connection with non-major governmental funds and proprietary funds can be found on pages 54-68 of this report. Ie Comparative data. Because tlus is the first year of presenting the City's financial statements under the new standard, comparison ofthe prior year is not possible. In subsequent years, this section will discuss and analyze significant differences. I Government- Wide Financial Analvsis As noted earlier, net assets may serve over time as a usenIl indicator of a government's financial position. In the case of the City of St. Joseph, assets exceeded liabilities by $22,994,779 at the I close of the most recent fiscal year. By far the largest portion of the City of St. Joseph's net assets reflects its investment in capital I assets (e.g., land, buildings, machinery, and equipment), less any related debt used to acquire those assets that is still outstanding. The City of Sf. Joseph uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City of St. Joseph's investment in its capital assets is reported net of related debt, it should be I noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. I I I Ie 7 I I CITY OF ST. JOSEPH, MINNESOTA el MANAGEMENT'S DISCUSSION AND ANALYSIS December 31,2004 I CHANGES IN NET ASSETS I Governmental Business-Type Activities Activities Total I Revenues Program Revenues Charges for services $ 635,128 1,309,687 $ 1,944,815 I Operating Grants and contributions 142,701 - 142,701 Capital Grants and contributions 1,419,972 484,751 1,904,723 General Revenues: I Property taxes 811,965 811,965 Tax Increments 67,020 67,020 I State Aids 775,687 775,687 Unrestricted Investment Eamings 161,903 47,838 209,741 Gain on Sale of Capital Assets 2,731 2,731 I Total Revenues 4,017,107 1,842,276 5,859,383 Expenses: el General Government 411,588 411,588 Public Safety 1,090,932 1,090,932 I Public Works 934,425 934,425 Culture and Recreation 196,094 196,094 Economic Development 92,070 92,070 I Capital Outlay 332,404 332,404 Interest on Long-Term Debt 495,352 495,352 Water 351,530 351,530 I Sanitary Sewer 432,681 432,681 Refuse 152,996 152,996 Stoffil Water 39,792 39,792 I Total Expenses 3,552,865 976,999 4,529,864 Increase in assets before transfers 464,242 865,277 1,329,519 I Transfers (492,534) 492,534 - Change in net assets (28,292) 1,357,811 1,329,519 I Net assets - 1/1/04 restated 6,928,814 14,736,446 21,665,260 Net assets 12/31/04 $ 6,900,522 $ 16,094,257 $22,994,779 I 9 e, I - - ------- - ---------------- - -- ----- ------ I I. CITY OF ST. JOSEPH, MINNESOTA I MANAGEMENT'S DISCUSSION AND ANALYSIS December 31, 2004 I EXPENSES AND PROGRAM REVENUES - BUSINESS-TYPE ACTIVITIES I 1.200.000 I 600.000 !SExpenses I 600.000 I e Revenue . I 400.000 200.000 I Water Sanilary Sewer Other Non Major Funds I REVENUES BY SOURCE - BUSINESS-TYPE ACTIVITIES I. Unrestricted Investment Earnings 3% I I I I I I I Ie 11 I ------- --- ---- - - -- I CITY OF ST. JOSEPH, MINNESOTA .' MANAGEMENT'S DISCUSSION AND ANALYSIS December 31,2004 I Capital Assets and Debt Administration I Capital assets. The City ofSt. Joseph's investment in capital assets for its governmental and business type activities as of December 31, 2004, amounts to $24,814,029 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, fumiture and office equipment, infrastructure, and construction in I progress. Most of the increase in the governmental activities is attributable to street construction and infrastructure improvements. The increase in business type activities occurred due to the extension of water and sewer utilities in the Orderly Annexation Area. I The City has a significant level of outstanding commitments for capital expenditures at year end. These commitments are detailed on page 52 in the notes to the financial statements. CAPITAL ASSETS (Net of Depreciation) I Governmental Business I Activities Activities Total Land $ 346,258 $ 17,937 $ 364,195 I Buildings 1,922,528 64,748 1,987,276 Infrastructure 4,014,581 - 4,014,581 Improvements 232,462 10,647,949 10,880,411 el Machinery and equipment 972,372 104,385 1,076,757 Construction in Progress-Land 3,014,703 3,476,106 6,490,809 I Total $ 10,502,904 $ 14,311,125 $ 24,814,029 Additional information on the City of St. Joseph's capital assets can be found in note 5 on pages I 42-44 of this report. Long-term debt. At the end ofthe current fiscal year, the City of St. Joseph had total bonded I debt outstanding of$12,145,000 of this amount, $9,470,000 comprises debt backed by the full faith and credit of the govemment. The remainder ofthe City of St. Joseph's debt represents bonds secured solely by specified revenue sources. I OUTSTANDING DEBT (General Oblieation and Revenue Bonds) Governmental Business I Activities Activities Total General Obligation $ 1,220,000 $ 1,220,000 I G.O. Special Assessments 8,250,000 8,250,000 Revenue Bonds 1,450,000 1,225,000 2,675,000 I Total $ 10,920,000 $ 1,225,000 $ 12,145,000 e, 13 I __n_.. ______________ ___ n___________________ e I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DATE: August 29.2005 Eneineerin2 Tracv L. Ekola. P .E. ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Proposed 2006 Street Improvement Project 1 st A venue East Baker Street East to County Road 75 2nd A venue E Baker Street E to Ash Street E 3rd Avenue E Baker Street E to Ash Street E Able Street E 1st Avenue SE to 3rd Avenue SE Alley north of Able St. E College Avenue S to 3rd Avenue SE Alley north of E. MN Street College Avenue N to 3rd Ave NE Alley east of 1 st Avenue E Baker Street E to Ash Street East Alley east of 2nd Avenue SE Baker Street E to Able Street East e Alley west of 1 st Ave E Alley north of Able St. to Ash St E Able Street E 5th A venue SE to 6th A venue SE sth A venue SE E Minnesota Street to Able Street E Forcemain on Able Street E. 6thAve SE to 5th Avenue S.E. PREVIOUS ACTION Ordered preparation of Feasibility Report. RECOMMENDED COUNCIL ACTION Review and comment. Schedule Pubic Improvement Hearing. FISCAL IMPACT Cost is outlined in Feasibility Report. COMMENTS/RECOMMENDA TIONS Feasibility Report is included in Council agenda packet. e Presentation will be provided at Council Meeting. X:\S\stjoe\common\D39 Req Council Action\0411 Feas Rpt 040804.doc -------- _______n__ CITY OF ST. JOSEPH e CC RESOLUTION 2005.21 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT 2006 INTERIOR STREET PROJECT WHEREAS, pursuant to resolution of the council adopted September 1, 2005, a report has been prepared by Tracy Ekola, SEH with reference to the street, curb, gutter, and sewer/water improvements of 1st Avenue E from Baker Street E to County Road 75; 2nd Avenue E from Baker Street E to Ash Street E; 3rd Avenue E from Baker Street E to Ash Street E; Able Street E from 1st Avenue SE to 3rd Avenue SE; Alley north of Able Street E from College Avenue S to 3rd Avenue SE; Alley north of E Minnesota Street from College Avenue N to 3rd Avenue NE; Alley east of 1st Avenue E from Baker Street E to Ash Street E; Alley east of 2nd Avenue SE from Baker Street E to Able Street E; Alley west of 1st Avenue E from the Alley north of Able Street to Ash Street E; Able Street E from 5th Avenue SE to 6th Avenue SE; 5th Avenue SE from E Minnesota Street to Able Street E; Forcemain on Able Street E from 6th Avenue SE to 5th Avenue SE, and this report was received by the council on September 1, 2005, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the e improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $ 2,049,011.38. 2. A public hearing shall be held on such proposed improvement on the 21st day of September, 2005 at the St. Joseph Community Fire Hall at 7:00 p.m. and the Administrator shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the council 1 st day of September 2005. Mayor City Administrator e I I. I I I I Feasibility Report I 2006 Street Improvement Project I St. Joseph, Minnesota I SEH No. A-ST JOE 0603 . September 1, 2005 I I I '\ I I I ~ ~e SEH I Multidisciplined. Single Source. Trusted solutions for more than 75 years. I I .. 2006 Street Improvement Project Feasibility Report St. Joseph, Minnesota I I SEH No. A-ST JOE 0603 I September 1, 2005 I I I I I hereby certify that this report was prepared by me or under my direct supervisi n, and that I am a duly Licensed Professional Engineer under the laws . of the S te of Minnesota. I Tracy L. E la,PE Date: i;/ / ()~ Lic. No.: 25216 , I Reviewed by: 9/1 e()S- Date I I I I Short Elliott Hendrickson Inc. 1200 25th Avenue South I PO Box 1717 St. Cloud, MN 56302-1717 {' I I Jt.. .. SEH I September 1, 2005 RE: St. Joseph, Minnesota I 2006 Street Improvement Project Feasibility Report SEH No. A-STJOE 0603 52X I I Honorable Mayor and Members of the City Council C/o Ms. Judy Weyrens City Clerk! Administrator City of St. Joseph I 25 College Avenue N PO Box 668 St. Joseph, MN 56374-0668 I Dear Mayor and Members of the Council: I Enclosed is the Feasibility Report for the above referenced improvement. It includes recommendations, probable costs, and estimated assessments. . Please contact me if you have any questions. I Tracy L. ola, PE I City Engineer Jmw I x:lslsljoeI060300\reponslfeas report.doc I I I I , I Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax ---~-- -- I .. Table of Contents Letter of Transmittal I Certification Page Title Page Table of Contents I Page I 1.0 Scope .... ... ........ ......... ............... ...... ............... ........... ............. ......... ...... ....... ..... ........ 1 2.0 Feasi bil ity ......... ...I!I.... ....... .... ..... ... ...... .......... ............ .......................... .... ........ ..... ..... 1 I 3.0 Background and Existing Conditions.................................................................... 2 3.1 Capital Improvement Program ....... ............. ................... .................... ............... 2 3.2 Streets.............................................................................................................. 2 I 3.3 Alleys................................................................................................................ 2 3.4 Storm Sewer..................................................................................................... 2 3.5 Sanitary Sewer................................................................................................. 2 I 3.6 Water Main....................................................................................................... 3 3.7 Sanitary Sewer Forcemain Relocation .............................................................. 3 I 4.0 Proposed Improvements .... .............. .......... ... ......... .......... ......... .... ... .... ........ ..... ..... 3 4.1 1 st Avenue SE.................................................................................................. 3 4.2 1 st Avenue NE.................................................................................................. 4 . 4.3 2nd Avenue SE................................................................................................. 4 4.4 2nd Avenue N E ................................................................................................ 5 4.5 3rd Avenue SE ....................... .......................................................................... 5 I 4.6 3rd Avenue NE ................................................................................................. 6 4.7 Able Street East................................................................................................ 6 4.8 Alley North of Able Street East.......................................................................... 6 I 4.9 Alley North of East Minnesota Street ................................................................ 7 4.10 Alley East of 1st Avenue SE ............................................................................. 7 I 4.11 Alley East of 1 st Avenue NE (7).. ................. ............ ......... ............ .................... 7 4.12 Alley East of 2nd Avenue SE (8)....................................................................... 8 4.13 Alley North of Able Street E (9) ......................................................................... 8 I 4.14 Alley North of Minnesota Street E (10).............................................................. 8 4.15 Alley West of 1 st Avenue SE (11) ................................~.. ................................... 8 4.16 Alley West of 1 st Avenue NE (12) ......................................................................8 I 4.17 Sanitary Sewer Forcemain Relocation .............................................................. 9 5.0 Easements.............. .................................................... ............................................. 9 I 6.0 Probable Costs.......... ...................... ........................................................................ 9 7.0 Assessments............................................................................. .................. ............ 9 7.1 Financing Options.... .......... ............................................................................. 10 I, f SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Report A-ST JOE 0603 City of St. Joseph Pagei I ------- -- ----- I .. List of Tables Table 1 Proposed Project Area........... ............. ........ ..... .................... ............ .......... ............ 1 Table 2 Opinion of Probable Costs.... ...... ....... ............. ........... ............. ........................... ..... 9 I Table 3 Proposed Assessments .... ...... ......... ....... ...................... ..... .......... ............... .......... 10 Table 4 Funding Allocation. ............. .... ........... ............... ............ ............. ...... .... ....... .......... 11 I List of Figures I Figure 1 - Location Map Figure 2 - Typical Street Widths Figure 3 - Storm Sewer Reconstruction I Figure 4 - Sanitary Sewer Reconstruction Figure 5 - Water Main Reconstruction I Figure 6 - Typical Section Figure 7 - Sanitary Sewer Forcemain Relocation I List of Appendices Appendix A Opinion of Probable Cost/Costs Splits I Appendix B Assessable Parcel Location Map Preliminary Assessment Roll . I I I I I I I, f Feasibility Report A-ST JOE 0603 City of St. Joseph Pagaii I --- - ------- I September 1, 2005 .. I I Feasibility Report I 2006 Street Improvement Project I Prepared for City of St. Joseph I 1.0 Scope This report covers the proposed reconstruction, and/or utility replacement I and relocation for the following streets and alleys in St. Joseph. The project location is shown in Figure 1. Construction is proposed for the summer of 2006. Special assessments are proposed reconstruction of street, alley, curb I and gutter, sanitary sewer and water main. Relocation of the sanitary sewer forcemain for the Baker Street Lift Station is also proposed to be completed with this project and is to be funded by sanitary sewer trunk funds. . Table 1 Proposed Project Area I 1 st A venue East Baker Street East to County Road 75 2nd Avenue E Baker Street E to Ash Street E 3rd Avenue E Baker Street E to Ash Street E I Able Street E 1st Avenue SE to 3rd Avenue SE Alley north of Able S1. E (1,2 & 9) Colle}2;e Avenue S to 3rd Avenue SE Alley north ofE. MN Street (3, 4&lOY College Avenue N to 3rd Ave NE I Alley east of 1st Avenue E (5,6 & 7) Baker Street E to Ash Street East Allev east of 2nd Avenue SE (8) Baker Street E to Able Street East Alley west of 1 sl Ave E Alley north of Able S1. to Ash St E I Able Street E 5Ut Avenue SE to 6Ut Avenue SE 5Ut Avenue SE E Minnesota Street to Able Street E Forcemain on Able Street E. 6Ut Ave SE to 5Ut Avenue S.B. I 2.0 Feasibility I Having investigated the facts relating to construction of the proposed improvements, it is in my opinion, from an engineering standpoint, that this project is feasible, cost-effective, and necessary. I {' Feasibility Report A-ST JOE 0603 City of St. Joseph Page 1 I I .. 3.0 Background and Existing Conditions 3.1 Capital Improvement Program The proposed reconstruction is part of the St. Joseph Capital Improvement I program scheduled for 2006 construction. Figure No. 1 shows the area of the proposed improvements. I 3.2 Streets Most of the above mentioned streets were constructed around 1960 and have served their useful life. 1st Avenue SE was milled and overlaid in 1988. I Newly reconstructed streets should provide a 20 plus year design life, depending on the amount of traffic. These streets have had an approximate 30-40year life and need to be reconstructed. The typical street widths are I shown on Figure 2. 3.3 Alleys I As part of this Feasibility Study, we have also investigated the probable costs to pave the alleys in this project area. The alleys currently have gravel surfaces with the exception of alley 1, and the North leg of alley 6, alley 9 and alley 10 (see Figure 1). These two areas currently have paved surfaces, I but the existing pavement is in poor condition. Existing alley widths range from 8-feet to IS-feet. I 3.4 Storm Sewer Most of the storm sewer was installed when the roads were originally constructed around 1960 (see Figure 3). . 3.5 Sanitary Sewer The existing sanitary sewer system was installed around 1960. The sanitary I sewer is vitrified clay pipe (VCP). The existing sanitary sewer was televised in October 2000. The televising report and video, as well as information provided by City maintenance staff, was evaluated as part of this Feasibility Study. Portions of the existing sanitary in the project area is in poor condition I due to offset joints, cracks and roots protruding in the pipe. The report provides the costs and proposed assessments to replace all sanitary sewer in the project area. The proposed sanitary sewer improvements are shown on I Figure 4. We have also evaluated an altemate for sanitary sewer replacement. It would I include replacement of sanitary sewer on 1 st Avenue SE from Baker Street to the alley between Able Street and East Minnesota Street because of roots in the line (i.e. roots at joints). On 2nd Avenue SE from Baker Street East to East Minnesota Street we would replace the sanitary sewer because of its I proximity to the water main (i.e. in order to remove and replace the water main we would disturb the existing sanitary sewer). There will also be spot repairs on 3rd A venue because of cracked pipes and pipe separations. On the I alley north of Able Street, between 1 st Avenue SE and 2n Avenue SE, we would repair the mainline and services with root intrusion. The sanitary sewer would most likely be replaced if the alley is reconstructed. However, I if the alley is not scheduled for reconstruction, lining the existing sanitary sewer pipe and services with root intrusion could be considered. The same .. Feasibility Report A-ST JOE 0603 City of St. Joseph Page 2 I I .. procedure would be done to the alley north of Minnesota Street between 151 Avenue NE and 2nd Avenue NE (See Figure 8). 3.6 Water Main I The water main was constructed around 1950. Most of the old water main consists of cast iron pipe, which tends to be brittle. Since the mid-1970's, all I water main in St. Joseph has been constructed of ductile iron pipe, which is more flexible and durable. We recommend all old water main be replaced with new ductile iron pipe. I In addition to being constructed of cast iron, the old pipe was in service long before the City had an iron removal plant. The inside of the pipe is coated with iron deposits, which affects its hydraulic capacity and the quality of the I drinking water. When St. Joseph begins to chlorination of the water supply in 2006, the older pipes will shed iron deposits for a year or two as the pipes clean themselves up. Pipe installed after the 1971 water treatment plant was I constructed will not have this problem. Replacing this water main will make a significant difference in the water quality. The proposed water main improvements are shown on Figure 5. I 3.7 Sanitary Sewer Forcemain Relocation The sanitary sewer forcemain from the East Baker Street lift station was constructed in 1972. The forcemain discharges into a manhole located north I of Able Street E. Backups have occurred in homes near the discharge manhole due the proximity and elevation of the sanitary services to the manhole. Therefore, relocation of the forcemain discharge is recommended . to reduce the potential for backups. The proposed improvement area is shown on Figure 7. 4.0 Proposed Improvements I The proposed street reconstruction will consist of completely removing the existing street and replacing with new materials. All streets will be built to a 9-ton pavement section. I 4.1 1 st Avenue SE Baker Street E to East Minnesota Street I On this street, we propose to remove and replace existing curb and gutter. The proposed street section will consist of 2 inches bituminous wear, 2 I inches bituminous base, and 8 inches of Class 5 aggregate base. The existing striping for crosswalks and stop bars will be repainted. This section of street has state-aid designation and is eligible for state-aid I funding. This designation for state-aid mileage may be could be redesignated to future streets (i.e. future bypasslcorridor roads). Therefore, we are not proposing to use state-aid funds for this project. I The existing storm sewer manholes, catch basins, and mainline will be removed and replaced. We will replace the mainline pipe with 12-inch ~ reinforced concrete pipe (RCP). We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. Feasibility Report A-ST JOE 0603 City of St. Joseph Page 3 I I. .. Root intrusion is evident at most pipe joints from Baker Street E. to the alley north of Able Street E. The existing 6-inch water main will be removed and replaced. The existing I services and hydrants will also be removed and replaced. 4.2 1 st Avenue NE I East Minnesota Street to Ash Street E On this street, we propose to remove and replace existing curb with curb and I gutter. In some areas there is not an existing curb. We propose to add curb and gutter to those areas. The proposed street section will consist of 2 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 I aggregate base. The existing striping for crosswalks and stop bars will be repainted. The existing storm sewer manholes, catch basins, and mainline will be I removed and replaced. We will replace the mainline pipe with 18-inch reinforced concrete pipe (RCP). I We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. The existing 12-inch water main and services were replaced in the 1993 and I will be protected. Ash Street E. to County Road 75 . On this portion of street, we propose to add curb and gutter. The proposed street section will consist of 2 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 aggregate base. The existing stop bars will be I repainted. The existing 12-inch water main and services were replaced in the 1993 and I will be protected. I 4.3 2nd Avenue SE Baker Street E. to Able Street E On this street, we propose to remove and replace existing curb and gutter. I There will also be curb and gutter added to areas that did not have curb and gutter. The proposed street section will consist of 1.5 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 aggregate I We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. I The sanitary sewer is located less than 10 feet from the water main in this section of road. I The existing 6-inch water main will be removed and replaced. The existing services and hydrants will also be removed and replaced. f Feasibility Report A-ST JOE 0603 City of St. Joseph Page 4 I ------- --------~--~ I ~ Able Street E. to East Minnesota Street We propose to remove and replace existing curb and gutter and add new curb and gutter to portions that do not have any existing. The proposed street section will consist of 1.5 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 aggregate base. The existing striping for crosswalks and stop bars will be repainted. I The existing storm sewer manholes, catch basins, and mainline will be removed and replaced. We will replace the mainline pipe with 24-inch I reinforced concrete pipe (RCP). We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. I The existing 6-inch water main will be removed and replaced. The existing services and hydrants will also be removed and replaced. I 4.4 2nd Avenue NE East Minnesota Street to Ash Street E I On this street, we propose to remove and replace existing curb and gutter and also add curb and gutter to the areas that do not have it currently. The proposed street section will consist of 1.5 inches bituminous wear, 2 inches I bituminous base, and 8 inches of Class 5 aggregate base. The existing striping for crosswalks and stop bars will be repainted. The existing storm sewer manholes, catch basins, and mainline will be . removed and replaced. We will replace the mainline pipe with 24-inch reinforced concrete pipe (RCP). I We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. There is not an existing water main along this block. The water services are I connected to other mains and will be removed and replaced. 4.5 3rd Avenue SE I Baker Street E. to East Minnesota Street On this street, we propose to remove and replace existing curb and gutter. I There are also portions of the street where there is not existing curb and gutter; therefore we proposed to add it to those areas. The proposed street section will consist of 1.5 inches bituminous wear, 2 inches bituminous base. I and 8 inches of Class 5 aggregate base. The existing striping for crosswalks and stop bars will be repainted. We also propose to remove the existing lO-inch sanitary sewer pipe and I replace it. The existing services will also need to be removed and replaced. The existing 6-inch water main will be removed and replaced. The existing I services and hydrants will also be removed and replaced. , Feasibility Report A-ST JOE 0603 City of St. Joseph Page 5 I -- -- -- I ~ 4.6 3rd Avenue NE East Minnesota Street to Ash Street E We propose to add curb and gutter to this block. There is an area that has an existing curb, which will be removed and replaced with curb and gutter. The proposed street section will consist of 1.5 inches bituminous wear, 2 inches I bituminous base, and 8 inches of Class 5 aggregate base. The existing striping for crosswalks and stop bars will be repainted. We also propose to remove the existing 12-inch sanitary sewer pipe and I replace it. The existing services will also need to be removed and replaced. The existing 6-inch water main will be removed and replaced. The existing I services and hydrants will also be removed and replaced. 4.7 Able Street East 1st Avenue SE to 2nd Avenue SE I On this street, we propose to remove and replace existing curb and gutter and also add curb and gutter to the areas that do not have curb currently. The I proposed street section will consist of 1.5 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 aggregate base. The existing stop bars will be repainted. I We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. . The existing 4-inch water main will be removed and replaced with 6-inch water main for fire flow. The existing services and hydrants will also be removed and replaced. I 2nd Avenue SE to 3rd Avenue SE On this street, we propose to remove and replace existing curb and gutter. I The proposed street section will consist of 1.5 inches bituminous wear, 2 inches bituminous base, and 8 inches of Class 5 aggregate base. The existing stop bars will be repainted. I The existing storm sewer manholes, catch basins, and mainline will be . removed and replaced. We will replace the mainline pipe with 24-inch reinforced concrete pipe (RCP). I We also propose to remove the existing 8-inch sanitary sewer pipe and replace it. The existing services will also need to be removed and replaced. I The existing 6-inch water main will be removed and replaced. The existing services and hydrants will also be removed and replaced. I 4.8 Alley North of Able Street East 1st Avenue S.E. to 2nd Avenue SE (1) I This is currently a paved alley that has deteriorated to the point that reconstruction is recommended. Adequate drainage in the alley may be a {' concem and should be evaluated during design. We propose that it be Feasibility Report A-ST JOE 0603 City of St. Joseph Page 6 I -------------- I I. reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of Class 5 aggregate base. We also propose to remove and replace the existing sanitary sewer pipe and I services. The existing sanitary sewer mainline and service wye have significant root intrusion. I 2nd Avenue SE to 3rd Avenue SE (2) This block currently has a gravel surface. We propose that it be reconstructed I with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of Class 5 aggregate base. We also propose to remove and replace the existing sanitary sewer pipe and I servIces. 4.9 Alley North of East Minnesota Street I 1st Avenue N.E. to 2nd Avenue NE (3) This alley currently has a gravel surface. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of I Class 5 aggregate base. We also propose to remove and replace the existing sanitary sewer pipe and I services. The existing sanitary sewer mainline and service wye have significant root intrusion. 2nd Avenue NE to 3rd Avenue NE (4) . This block has an existing gravel service. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of I Class 5 aggregate base. We also propose to remove and replace the existing sanitary sewer pipe and services. I 4.10 Alley East of 1st Avenue SE Baker Street E. to Able Street East (5) I This alley currently has a gravel and grass surface. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, I and 6 inches of Class 5 aggregate base. Able Street E. to East Minnesota Street (6) I The south leg of this alley currently has a gravel surface. The north leg has a paved surface in need of repair. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of Class 5 I aggregate base. We also propose to remove and replace the existing storm sewer on the north leg ofthe alley. I 4.11 Alley East of 1st Avenue NE (7) {' East Minnesota Street to Ash Street East Feasibility Report A-ST JOE 0603 City of St. Joseph Page 7 I I I. This alley currently has a grass and a gravel surface. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of Class 5 aggregate base. We would not reconstruct the area that has established grass. I 4.12 Alley East of 2nd Avenue SE (8) Baker Street East to Able Street East I This alley currently has a gravel surface. We propose that it be reconstructed with 1.5 inches bituminous wear, 2 inches bituminous base, and 6 inches of I Class 5 aggregate base. 4.13 Alley North of Able Street E (9) I College A venue South to 1st Avenue SE This alley is currently paved. Due to sanitary sewer replacement, we propose that the alley be reconstructed with 1.5-inches of bituminous wear, 2-inches I of bituminous base, and 6-inches of class-5 aggregate base. We have proposed to remove and replace the existing sanitary sewer pipe I and services. 4.14 Alley North of Minnesota Street E (10) I College Avenue North to 1st Avenue NE This is a currently paved alley that is in need of repair. We propose that it be reconstructed with 1.5-inches of bitumino.us wear, 2-inches of bituminous . base and 6-inches of c1ass-5 aggregate base. We have proposed to remove and replace the existing- sanitary sewer pipe and services. I 4.15 Alley West of 1st Avenue SE (11) Alley North to East Minnesota Street I This alley currently has a gravel surface. We propose that it be reconstructed with 1.5-inches of bituminous wear, 2-inches of bituminous base and 6- I inches of c1ass-5 aggregate base. 4.16 Alley West of 1st Avenue NE (12) I Minnesota Street East to Alley North This alley currently has a gravel surface. We propose to keep this alley constructed with 6-inch gravel surfacing because it is adjacent to two vacant I lots. Alley North to Ash Street East I This block currently has a gravel surface. We propose that it be reconstructed with 1.5-inches of bituminous wear. 2-inches of bituminous base and 6- inches of c1ass-5 aggregate base. I , Feasibility Report A-ST JOE 0603 City of St. Joseph Page 8 I I .. 4.17 Sanitary Sewer Forcemain Relocation We propose to connect to the existing 6-inch forcemain at the intersection of 6th A venue SE and Able Street East. We will install a new 6-inch ductile iron I forcemain along the south side of Able Street East and the east side of 5th A venue East to the manhole at mid-block. The forcemain will connect to the existing manhole at mid-block and flow to the existing 12-inch gravity I sewer, extending west. The existing forcemain will be abandoned. We will repair the street from the centerline to the south edge with 1.5-inches of bituminous wear, 2-inches of bituminous base, and 8-inches of c1ass-5 I aggregate base. 5.0 Easements At this time there are not any easements required for this project. We may I determine during design that temporary construction easements are required, depending on the utility depths. I 6.0 Probable Costs Table 2 I Opinion of Probable Costs Street! Allev Construction $953,842 I Sanitarv Sewer $495,758 Water Main $240,993 Storm Sewer $115,382 . Subtotal $1,805,975 Contim!encv $180,598 Enl!ineerinl! $361,195 I Lel!al. Fiscal & Administrative $144.478 Grand total $2.492.245 I Forcemain Relocation $38,054 Contingency $3,805 I Emrineerine $7,611 Lel!al, Fiscal, Admin. $3,044 Grand Total $52.515 I 7.0 Assessments For reconstruction projects, it is City policy to assess 60 percent of the total I project cost to benefiting property owners, and cover the remaining 40 percent with City funds. For alley reconstruction (as part of an improvement project), City policy is to assess 80.percent to the property owners and cover I 20-percent with City Funds. The City will pay 100 percent of the storm sewer costs and sanitary sewer forcemain relocation. For sanitary sewer repairs (sanitary sewer alternate), City policy is to pay for repairs with City ~ funds. Using these numbers, the cost will be shared as follows. Feasibility Report A-ST JOE 0603 City of St. Joseph Page 9 I --- -- -- --- ~ -- I ~. Table 3 Proposed Assessments Residential Street $54.00/ Un Ft I Reconstructed Alley $16.84/ Un Ft Constructed Allev $17.20/ Un Ft I New Curb and Gutter $12.47/Lin Ft ReDlaced Curb and Gutter $7.48/ Un Ft Sanitary Sewer $2,586.56/ Unit I Water Main $2,095.59/ Unit The City's policy is to assess a property owner for 100 percent of the front I footage of interior lots. For those on a corner lot, it is policy to assess 100 percent of the short side and 50 percent of the long side. For alleys, the property owner will also be assessed for 100 percent of the abutting footage. I Table 3 shows the proposed assessment rates. Sanitary sewer and water main are assessed on a unit basis. Each buildable lot is considered a unit. I No assessment for sanitary sewer is proposed if the sanitary sewer alternate (i.e. repair only damaged/root intrusion sections) is chosen. 7.1 Financing Options I The projected revenue needed to fmance the project follows. Special assessments would be levied on abutting property for street, alley, sanitary sewer, and water main construction. Enterprise funds from the City's sewer . and water accounts could be used to offset the 40 percent City cost participation in sanitary sewer and water main replacement. The City will hav~ to determine where the funds will come from for the 40 percent City I cost participation in street reconstruction, and the 20 percent City cost of alley reconstruction. Storm sewer funds could be used for storm sewer replacement. Sanitary sewer forcemain funds could be funded using sanitary I sewer trunk funds or enterprise funds. I I I I I I' Feasibility Report A-ST JOE 0603 City of St. Joseph Page 10 I -- -- -- - -----_._--_.~-- I I. Table 4 Funding Allocation Item Assssed Enterprise Funds Other City Funds Total Cost I Residential Street $418,109.55 $0.00 $278,739.70 $696,849.25 Reconstructed Alley $54,218.2C $0.00 $13,554.55 $67,772.75 I Constructed Alley $93,280.25 $0.00 $O.OC $93,280.25 New Curb and Gutter $26,381.28 $0.00 $O.OC $26,381.28 Replaced Curb and Gutter $41,733.80 $O.OC $27,822.54 $69,556.34 I Sanitary Sewer $297,454.65 $198,303.09 $O.OC $495,757.74 I Water Main $144,595.8C $96,397.20 $O.OC $240,993.0C Storm Sewer $O.OC $0.00 $115,382.OC $1 15,382JX I Total $1,075,773.53 $294,700.29 $435,498.79 $1,805,972.61 Items not added to total above: I *Sanitary Sewer All. $0.00 $190,524.25 $0.00 $190,524.25 *Forcemain Relocation $0.00 $52,514.52 $0.00 $52,514.52 I Total $0.00 $243,038.77 $0.00 $243,038.77 I . I I I I I I I , Feasibility Report A-ST JOE 0603 City of St. Joseph Page 11 I ----------- I .. I I List of Figures I Figure 1 - Location Map Figure 2 - Typical Street Widths Figure 3 - Storm Sewer Reconstruction I Figure 4 - Sanitary Sewer Reconstruction Figure 5 - Water Main Reconstruction I Figure 6 - Typical Section Figure 7 - Sanitary Sewer Forcemain Relocation I Figure 8 - Sanitary Sewer Alternate I . I I I I I I I f Feasibility Report A-ST JOE 0603 City of St. Joseph Page 12 I ~ f ~ EL~ ST. E.::=>- I ~ ~~ /Jul<' T ~ ~ ~/NGr I I I ~ I/' ~R-:-R DATE ST. E. l I Ir:r:ill I- I EJ c- e- CEDAR ST~ CSAH 75 I @~ElITJI I ITJI I ~ }Z.. 1111/1111 mlIJ--[DJ[[lJ [[[D L--LJ ~ . - ~ ' ."t,l'C-":;: I j~~ ; ASH STr--/i 1 'I I'c I "7 I +"'-: l- I rJ~f: L ~ : -~ v \ I ~ --' \ "'- $' -" I- -j -' - . - -, , '?" . L_ o .. _ ., ."~ _ _ -----, I =-.u~~"'"- : \ \ " \ \ L ST. E. - HI I ~ L \ \ 1 ~NES~OT A - W ~ I I L CR 134 - 1 l V).~, 7 -Y----l '-- ,~ I ~: CS~ 7 \.. ~ T ;~h.:-~L;-E""nK""'~ ~ 51. \11 r1 I ~ ~ ~ ~ _ I-- \~ffij, \ \ lil-j ,_ -,.- S ,,'Y,J ABLE ST E. ~ ",f-- I J. \ C r. 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'" _ 32' STREET I 0 0 1Ir~_ . N ..... to _ ALLEY (PROPOSED PAVEMENT WIDTH = 14' ) 0 150 300 , (EXISTING WIDTHS ARE 8" TO 15' ) ,~ Jt. FILE NO. TYPICAL STREET WIDTHS ASTJOE0603.00 FIGURE 2006 INTERIOR STREET IMPROVEMENT I SEH DATE: NO.2 09/01/05 ST. JOSEPH, MINNESOTA I R ~ ~ I CEDAR ST. E!WlJ 21" ~ MH MH . ~MH . MH ,,~ MH 18 15" ~. ~AH 75 ~ ' ~~\ID{B [TIT I~:~I I_ I I I ~ v. ~ . Z I \' w Z - - I- ~~ . ~ . . , ____ - f-- . W ,-- uJ:\ 1--. W ~ I uJ - W - ~~ ~ - ~""~ - 0 ~ ~ 1---' Z E t'1 I ..I . N ST. 1\ ""II t5 H \7l' ~ ~ INf E5 1 t>. ~,~ ~- r'\ ~ <fMH 12" rH@f"'1 . w I ~ ~ [j,'i wJlJ lJ..! u1 ~ "" tIB' "f-<A, ,F=<1' . ;~ ~" . - - ~ ;~.~% ' - t"-...... . 'I' ~ u s I c;'.\:--- '~J' ,'iE1t~ ~ 'lilt. W _ I H - ,.:~ '0; r- . (-It , ~ JLl ,,~h' <( II, :~: ~~:~ - '" t- 51 E . . rr~': AS E ~:" ~~~, : ~ '", w: & ,~~~"._. -:!1 .- >' . -'-1 - - "'"7 I ~ ~ MH ~*''Ji \ _ 7 - _ - r-- uJ - 0_ -0 C) 0 - u,. f--- n )( 'j Z t'1 l----- II> I f ~ (f) 1-...c;J. o ..- <.) 0 I 0 I") \ l. 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JOSEPH, MINNESOTA - ------------- ------------- I :., I" I, "I 1 .::-:, ",I~~ El~ I . ,,_ CSAH 75 co "I ~\ \\.. ,~~ITJM ," I,ITJI." I" \~ H\ - [[JDIJ ~'Mlr- - M E ~~ ~ I w&. ~ , "", _",12" H Lc! ,,_b1 'Z" ~ ~"- ~ I" I ~"""'Mi W I-- Z ~ ~- - I- H ~ ~_. - ~ - 00- . W -_ V\~~ ~_ . W IR" --- v-' I>~ _. " 1'-.. --r M' W IR" -. I uJ 8" on "-l. M ,.j ft" 'M - ,.j 0 N ~ \~ rn ~ -0 ~ . I )\\,~\\:: t~ H 177'~: ~IN~ E5 1f, ~ ~ - 51. E "'. :- ,," -"" w I tf!>~ '~.---1 ~ ~8] w p:i <: _ : ,---l-J R " M~ l1- ,... d- a" Ju S ~ I 8" ,~..' ,.' , ~ w .. -1Ll :;"llii _ <(...- 8 " ,,~ ST. E. " . . c JI AB E 8" _' H . ~ 8" ---. uJ I> W: -MH _ ~ 7: ~ > .. 1 "'", I 4:. " \; - l----- 7 C- c: .,\_' '" u-' ~ ,', 0 _- ;:j 0 ,. 0 : ~ ~ t ~ ~ ,\ to l---- I .. ,.j /' 0 \ (/):.. u ~ o ~ . ~ 0 \ ~ . j 8" g , xx - XX it\1H 'MH I i 1 o BAKER ST. E. L---- ~ · ~, N J: I : ~ ~ .- ( co FJ ~ N C I 9 .- ~t.1 ( ~ LL <"'!lw () Ay ST. E. ~ - o I ~ _; REPAIR IREPLACE EXISTING :;""'- 150 ;00 f .. SANITARY SEWER ALTERNATE J .~ FILE NO. SANITARY SEWER ALTERNATE ~~ ASTJOE0603.00 ...7~ DA TE: 2006 INTERIOR STREET IMPROVEMENT F~~~E I SEH 09/01/05 ST. JOSEPH, MINNESOTA . I .. I I Appendix A Opinion of Probable Cost/Costs Splits I I I I I . I I I I I I I {' I -- ------- - -- -------- --____...-..__ -~r_P_.__.__ 8 ~ ~ ffi ~ CI) ::;: a: ~ "- ~ o<l Z ~ a: ~ ~ "- ~ ~ ::; '" Ii II. 8 "1 'S! w . ~ ~ ~ m ~ en m ~ >- ~ z ~ ~ -' 18 "- l); ~.; ~ (/) ~ :,!! ~ Ii !:: i ~ ~ ~ ~ ~ ~ (/) o<l ~ ~ o 0 ::> o ~ ~ ~ 0 sf ~ ;r: t> ~ ; ff't ~ ~ z o 8 ~ w ~ ~ ~ tn ~~~ S ~ ~ S,..: ~ i'- ! .,;'" ~ o -' o <( ~ ~ u ::> a: ~ 0 ~ :::i N 0 U) l); ~ d ~ 5 o C'!.NCP () ~ ~:;};; Hi e ~ o N Iii ~ ~ w ~ l!l ~ 8 ~ ~ .;~,; ;;! ~ ~ ,.:'" ~ w o ~ u; ~ z Hi ~ ::) ~ ff!. fu ~!z Sf I- wLU II en Cl::li ~ o ;:5 en CI) ~ zt3 0 en 0 en U 8 ll: ~ ~ ~ V lD ~ ~ ~ II. ~ ~ ~ ~ z 0 ~ ~ o ... '" '" (/) g ~ '" (/) cO o ~ <J ~ <J '" W ~ o ~ ~ ~ ~ ~ [(l .,; ~ ~ ... ~ 'e- ll. 0 ' ~ ~ I E g ill ~ " 0 . '21\ I > W K~~ . !~ ~ 1~1tiiii I il' <( !1!IJii b~cici ,., (f)chZz g ~ ~ m '....'''''..... ~ '. N (f) U CJ) >>r'.- - )( _-~---___a__-----~- I .. I I Appendix B Assessable Parcel Location Map I Preliminary Assessment Roll I I I I . I I I I I I I , I )- \L I~o::::! ~\ ,\~~. I wi ....;:)0.. ~ l.Joz -- ~ (~ w OJ Hlo~ <.. '1') LO - I- 00 wO , ZIO ~;::: ______ (J) w 0 <( 0 ~ ....JW 0"- /ffy ~ \ <( I (/ Hl t ']'S ']^v-;-~( ~ v"v ~ ~---...~ f........ If J -p. r---/-/ ~ () r----- - W ~ ~ 1/\ 5 I 0 ..J . &) L' i --- I- --;- ~ o:T- ~It---- I -\ \ ~ z <.f) o:~ \ o:~ !2 >ffi ~ ffi >- z \ ffi I \ \ ;;...;;; t..,~ \ "'g. -\ "'ll! ..,c .~ "'e Q 6 \ "'e ! .....,:;! v & C "'''' "'~ Q "'~ ..,~ ..,~ 5l :li ..,~ LL L_L" o:~ B & NS . LAUOENBACH'" '" ...lIt.,o., '" Co ...J EVAN L-- '" '" '" - _ -----:-. '3^V I i \ \ '3'N '3^V O~~ _-~~~ 0: M O~~ --u--- \ \ L & E \ \ o:~ EKERN I I ll!:l \ n 1\ \ '" '" \ J & K RASSIER M LAYTON III ROERING "':i C ffi '" ~:!? I "'::l ~ <( -\ to::li SPILLERS ~.~ ~ >-z f- g... · -- -..,...... !::~ 2: :i;~ ~ J BEELER I- ~ ~ o:~ Il. ciE w 1 ~ \ L'" \ 0 S REISCHEL_~ F LOSO . '" s~ \' a: :E I -----I \ T & P f r. -~- W ! 0 W LOSO V I K & A ,_ 'I I . \--_- L SNIEZEK W C JOHNSON \ \ TWiT I \ \ a: ~ LJ ~ W R VIEHAUSER Z I-----------=----l \ 1,--_' ... ffi I ~ a: J & I'. A & A \ '\-' I- 0: 0: C Z -0: a.. 1-- KALKMAN Z BRINKER I ...J ~ '" f r. ~ ~ i R: ..,~ 2: ~ R 4. J - ---1 ~ Q. :z: V J W W 0 ~ o~ - ..:: PFANNENSTEIN 2. _--- l5 j i : 0: '" '" CD - u '" '" '" \ ... 0 t- .' N STUDER J '" 0: .., ~ 0 UJ I- ...J~ \ ~ JI ","'.... ",,"" . \". \ : \ \. J \ \ \ ~ · N W I <.f):~ ~ 1 STAMPS _L_~~~ ,ON Z ~ g f= ... 0: ']'S 3^V :;; fn L- . ] . N . ] ^ '\j 0 N Z - r ~ - [ ~~ \ \ : ___________-. ~--r-; ~...J Z 0: !Ii ...J '" ' " n I -~ r E HOLTHAUS ~~ ~~ BOH~M~~~~ ~' ~ ~ ~ ~~ ~ ~ \ : I I ..,~ "'i --- I ~ ~ ~IL. ~ V)~ ~ a: ~ I f r. I'. KORTGARO... t R BEUNI~~\ '" Ul "'", c I ~ II V I -- \ u .., ..,0 '" I'" <( 0 & C ~L~R~ ___..q- ___~.l-\ ",i o:.,g: A ME IER , ~ I SCHMITZ -- tJ"'\ CE \ 0: J \ _ -==r - I I t--..-,---..--..--- 1---\- -~- L M PELZER 1- J _~~~L~ t.. -, w' I I[ I ANDERSON -- ~ _-----~~ r- C & M I ::- I ~- T MAGNUSON 0 STUEVE TRUSTEE as LAWWELL '" ~ ~ 9 ~~- --~. N-- \ (3: u:J: -'~ V)~ oC~'" ~ ~ 1 ." -\ L & J BIRR:I: \ ;;l ..,~..,~..,g; "'ll! ..,ffi Z I C I r.:t:~ ~. oC"'" oC"" CD~ ....'5 ~ , . U ...J ~ ~ "':5 =u' Ul u... r--W1 ......J .----- '" :> ~ '" P & 0 .., , i ~~ \ I ~ !5 '" .c GIROUX ......J \ \ - .\ I ~~ I l A KLEIN \ ~ ~ : L--- , 3' S . 3 ^ '\j 1 S l.,~ ~ 1-1 , "'5 I ---.-1 '" m co"'. t I (J) i I "I - , 3 . 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Trusted solutions for more than 75 years. www.sehinc.com I - REQUEST FOR COUNCIL ACTION DATE: August 26. 2005 Engineering Tracy Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2005 Sanitary Sewer Rehabilitation PREVIOUS ACTION Authorized to obtain quotes for the 2005 Sanitary Sewer Rehabilitation. Request for quotes were sent to two bidders (Insituform and Infratech), only one quote was received. . RECOMMENDED COUNCIL ACTION Recommend Award to Insituform in the amount of $23,275.00 (see attached Bid Form). FISCAL IMPACT Estimated at $25,000 to $30,000 for sewer rehabilitation and engineering. COMMENTS/RECOMMENDATIONS Sanitary sewer rehabilitation for the Date Steet section was included in the Capital Improvement Plan for 2005 at a cost of $20,600. The section near Birch Street W. was not included in the Capital Improvement Plan. However, it is the recommendation by public works staff and engineering that this section be included with the 2005 Sanitary Sewer Rehabilitation. X:\S\stjoe\conunon\D39 Req Council Action\sewr rehab recommend award.doc - -'-'J' '-'07--- --I -- - - _. . - . .... -'-::3 --..-..----1 . .-. ..._, .--....-........... f"'.....- DOCUMF.NT 00410 . BID FORM Contractor' fl Namc ~~fO\'\M-r ~~_~I;!.~??...\.~.(.. (V;A) PROJECT (DEN'l'IFICA'l'lON: 2005 Sanitary Sewer Rehabilitatioll St. Joseph, MiIlncsota SEll No. A-STJOE O(i02 TH1S OIn IS SllnMITTED TO: Ilonomble Mayor and City Council c/o Judy W'eYl'ens City of St. Joseph PO J30x 66R Sr. Joseph, MN 56374-0668 BASE BID . .-.. . ... .. .... ..._-_."...~......_._.... UNIT P:RldE ~ID Item Unit of Approximate Unit ..__~_9~. , ._____.____._!~..!t P.~scriDtion Measure Quantitv Price Amount 1 8-INCH I-ll)E LINER LF 700.00 $ '3~/i $'z.~;t 15 '" TOT AI, RASE BID 'P'Z-,? ,7..15 1I~ . --.--- ----.------. .. . ,. _... ". .-..--..".....- AL TE~NAT~;$IP ..... .. .. ~_....._- - .-.. UNIT.PRICE BID _-~e: k--=-_!lem Desc!!~~__~_ .".~,:::.. A.g;'~';'~1e ~~~__ __~~~IlI_ 'A 8-INCH PTPE l.lNfi.R Lfo' SOO.OO $';5~"' ~l1/iOO'~ . ...__...._.......~.. ._.. ... ..._.__..... ..... . .__..... ____._... ._..n... TOTAL ALTERNATE BID ':\-11, ~O()., Bidder acknowledges !.hat esl.imaltld quantities arC not goaranteed, and are solcly tor thc purJ)Osc of comparison of Bids, and linal payment for all Unit Price Bid items will be based on actual quantities, determined a~ provided in the Contract Document'l. Award: The Owner reserves the right to award tho Coutract at the unit pt'iecs bid tor either' Total Base Did 01' Towl Alternate Bid. Time Of Completion: Bidder agrees that the Wurk will be snbstantially complete and completed and rea.dy for final payment on or beforc Decemher 1,2005. Bid Form A-STJOE 0604 00410 -1 . 08/25/05 THU 09:15 [TX/RX NO 6237] . i . DATE SUBM11TED:. t.LI MG .7-0Jlf__ If BIDDeR is: An Individual By (Individllal's Name) Doing Business As_...__ HllSincss Address -.-----,, Phone & FAX: .- A Partnership By ___a_ .. . . ...........-........--- (Firm NAme) ----.---........... ... (General Partner's Name & Signature) Busint:ss Address... .. .v..... ._ Phone & PAX: --." A Corporation IN?f1'VF-O~ -tt:;LHl'iOl,n&ie'S U'!>t1.., I.r-J.G , R....._.___ - (Corporation Name) .... ..- D8..-A-wA-f...s _..... n. "-- (~tatc oflncorporation) By Q..~...oe>t ,J. r::ft'DNa-\lN~e, ~\':1iN~<;.~'1:.G"LDA1,~ ~i:L. (Title, Name & Signature QfPerson Authorized to Sign) (Corpom" Seal) ~ ~ Atlt:sl_.. . . .__C--==trJ~ - .. (SecrCb~) ----.. _.__.0.... .... Business Addre.ss 1"Z..Q'lll VlA.A IIJ '3o-r~S2f.1 .~_\)flT, I L fcOL13t:t Phone & FAX: (D'S) .~ ~ v. ..,417\ _... . tQ5L~.3-.Q. s:S0\ ENJ) OF SECTION Bid Form A-ST JOE 0604 00410 - 2 , . 08/25/05 THU 09:15 [TXlRX NO 6237] - I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Administrator Reports (a) DATE: September 1, 2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Cable Franchise Transfer - Charter PREVIOUS ACTION None. - RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute a Joint Powers Agreement with the area Cities for legal services for the transfer of the Seren Franchise Agreement to Charger Communications. FISCAL IMP ACT The fees will be reimbursed from the Cable provider COMMENTS/RECOMMENDATIONS See attached Memo - CABLE FRANCHISE MEMORANDUM............... e As I had indicated in an emaillast week, the area City Administrators met with the St. Cloud City Attorney and an attorney who specializes in cable franchise administration (Brian Grogan). As you are aware Charter is in the process of purchasing Seren Innovations. Since this transaction has the potential of long term impacts on the residents it is important to make sure the transfer address the needs of the communities. The most efficient manner to complete this task is jointly. The City of St. Cloud has worked with Brian Grogan in the past as he specializes in Cable Franchise/Regulations, a field requiring specialization. Brian has reviewed the initial document and believes the application is incomplete and has recommended sending a letter stating the same. When reviewing the Franchise he indicated that three areas should be reviewed: 1. Legal 2. Technical 3. Financial (ability to purchase and maintain without pressure to the subscribers) The financial area is where Brian believes the application is incomplete as the pro forma projections are missing. Brian is still reviewing the documents and there could be additional areas of incompleteness. The franchise transfer is regulated with stringent deadlines. The first deadline is September 4. If the application is incomplete notification must be sent no later than September 4,2005. On behalf of the area Cities, all the Administrators authorized Brian to send a letter to Charter informing them that the application is incomplete. I have attached a summary that Brian Grogan prepared regarding the process and time lines. The . authority the Cities have in not approving the franchise is in the middle of the page under "Applicable State Laws" number 2. The absence of competition is a major concern for all Cities except St. Joseph. Regardless of what happens with the transfer, St. Joseph has US Cable. St. Joseph's participation will be at a different level then the other area Cities. St. Joseph still has an interest in assuring quality cable. St. Joseph's financial contribution will be lower as we are not as concerned with the possible monopoly of service. The fees incurred for review are reimbursable from Charter. The exception to this would be if their application were denied. Since our meeting, Brian Grogan has informed the Area Cities that he cannot represent the Cities on this issue as his law firm represents Xcel Engery from time to time. Jan Peterson from St. Cloud has retained another attorney who has the specialization in cable. He is from Washington DC and has agreed to charge the same rate as Brian Grogan ($ 250.00 / hour). The Council will need to authorize the execution of a Joint Powers Agreement for the cost sharing of the legal defense. During the transfer process the Cities have a right to place conditions on the transfer. Some of the conditions may include: Reimbursement for all costs; commitment for rates; System modifications; assuring change over will not negatively impact the consumer; . -- - ------------- . CABLE SYSTEM AND FRANCHISE TRANSFER Your City has received the Federal Communications Commission Form 394 - Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise ("Form 394") from Seren Innovations, Inc. ("Seren"). This Form 394 is Seren's application for the transfer of the City's cable franchise to Charter Communications ("Charter"). Steps necessary to complete the transfer review 1. Review Seren's initial Form 394 to determine if the application is complete. 2. Review the legal, technical, and financial qualifications of Charter. 3. Review the franchise regarding unresolved issues of noncompliance. 4. Prepare a detailed report including recommendations to approve or deny the transfer request. Any franchise noncompliance issues should be raised and addressed in this report. 5. If the recommendation is to approve the request, a Resolution and Acceptance Agreement are prepared. If denial is recommended alternative documents will be prepared. 6. Resolution and Acceptance Agreement are considered by each City Council and, if adopted, sent to Charter for execution. Applicable Federal Law . Cable Communications Policy Act of 1984S613(d) [533(d)] Regulation of ownership by States or franchising authorities Any State or franchising authority may not prohibit the ownership or control of a cable system by any person because of such person's ownership or control of any other media of mass communications or other media interests. Nothing in this section shall be construed to prevent any State or franchising authority from prohibiting the ownership or control of a cable system in a jurisdiction by any person (1) because of such person's ownership or control of any other cable system in such jurisdiction, or (2) in circumstances in which the State or franchising authority determines that the acquisition of such a cable system may eliminate or reduce competition in the delivery of cable service in such jurisdiction. How will the transfer affect customers? . New services offered? . Programming line-up changes? . Change in customer service representatives and service centers? . Billing system changes? . Cost increases/decreases? . New em ail addresses? . System modifications? e . Impact on PEG operations? facility; and personnel. 801108vl REGULATORY ORDINANCE TRANSFER PROVISION FOR e ST. CLOUD, SARTELL, WAITE PARK SECTION 1.8. FRANCHISE NON-TRANSFERABLE. a. Grantee shall not voluntarily or involuntarily, by operation of law or otherwise, sell, assign, transfer, or otherwise dispose of, in whole or in part, the Franchise and/or Cable System without the prior written consent of the Grantor and then only upon such reasonable terms and conditions as may be allowed under Applicable Laws. Any attempt to sell, assign, transfer, lease, sublet or otherwise dispose of all or any part of the Franchise and/or Cable System or Grantee's rights therein without the prior written consent of the Grantor shall be null and void and shall be grounds for termination of the Franchise pursuant to Section 1.30 hereof and the applicable provisions of any Franchise Agreement. b. The Grantor's approval under this Section shall be required consistent with Minnesota Statutes Section 238.083. c. In the case of any sale or transfer of ownership of any Franchise and/or Cable System, the City shall have 120 days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in this Ordinance and Applicable Laws and such other reasonable information as the City may request. If the City fails to render a final decision on the request within 120 days from receipt by the City of all required information, . such request shall be deemed granted unless the requesting party and the City agree to an extension of time. d. Grantee shall notify Grantor in writing of any foreclosure or any other judicial sale of all or a substantial part of the property and assets comprising the Cable System of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said property and assets. Such notification shall be considered by Grantor as notice that a change in control or ownership of the Franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control or ownership shall apply. e. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to Grantor, which application shall include the information required under this Ordinance and Applicable Laws of this Ordinance. An application shall be submitted to Grantor not less than one hundred twenty (120) days prior to the date of transfer. City shall notify the Grantee in accordance with Applicable Laws of any question concerning the accuracy of the information provided, or such information shall be deemed accepted. The transferee shall be required to establish to the satisfaction of the City that it possesses the legal, technical and financial qualifications to operate and maintain the System and comply with all Franchise requirements e for the remainder of the term of the Franchise. If, after considering the legal, financial and 801108vl e technical qualities of the transferee and determining that they are satisfactory, the Grantor finds that such transfer is acceptable, the Grantor shall permit such transfer and assignment of the rights and obligations of such Franchise as may be in the public interest. The consent of the Grantor to such transfer shall not be unreasonably withheld. f. The granting of a security interest or mortgage in all or part of the Franchise or Cable System by a Grantee shall not require the consent of the Grantor. Any financial institution having a security interest in any and all of the property and assets of Grantee as security for any loan made to Grantee for the construction and/or operation of the Cable System intend to have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the Cable Television System, in the event of a default in the payment or performance of the debts, liabilities or obligations of Grantee to such financial institution. Further, said financial institution shall also submit a plan for such operation of the System within thirty (30) days of assuming such control that will insure continued service and compliance with all Franchise requirements during the term the financial institution or its designee exercises control over the System. The financial institution or its designee shall not exercise control over the System for a period exceeding one (1) year unless extended by the Grantor in its reasonable discretion and during said period of time it shall have the right to petition the Grantor to transfer the Franchise to another Grantee. g. In addition to the aforementioned requirements in this Section 1.8, the City and Grantee shall, at all times, comply with applicable requirements of Minnesota Statutes Section 238.083 . regarding the sale or transfer of a Franchise. SECTION 1.9. CITY'S RIGHT TO PURCHASE SYSTEM. The City shall have a right of first refusal to purchase the Cable System in the event the Grantee receives a bona fide offer to purchase the Cable System from any Person. Bona fide offer as used in this Section means a written offer which has been accepted by Grantee, subject to the City's rights under this Ordinance and any Franchise Agreement. The price to be paid by the City shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within forty-five (45) days of the City's receipt from Grantee of a copy of the written bona fide offer and such other relevant and pertinent information as the City shall deem reasonably appropriate. e 801108vl FRANCHISE TRANSFER REQUIREMENTS e mDERAL Must identify buyer's legal, tech. Must submit to each city at least and financial qualifications 120 days before closing 47 C.F.R. ~ 76.502 City may question accuracy of Must notify operator within 30 information days of receipt 47 C.F.R. ~ 76.502 Operator must respond to City Operator could extend 120 day request for information on Form 394 review period if ignored within 10 days 47 D.S.C. 537 If city denies transfer request must City must take action on Form be based on buyer's qualifications 394 within 120 days of receipt or statutory violation Minn. Stat. ~ 238.083 (subd. 2) Minn. Stat. ~ 238.083 (subd.4) . Section 1.8 of Cable Cable operator must submit a Television Regulatory written request for transfer Ordinance Section 1.8 of Cable Any transferee must become Typically within 30 days of Television Regulatory signatory to franchise closing the transfer. Ordinance Section 1.9 of Cable Permits City to purchase cable Within 45 days of receipt of bona Television Regulatory system if an asset sale of the cable fide offer. Ordinance s stem is ro osal. e 801109vl --------- - -- - ---- ------ -------- -- - -------------- e TRANSFER TIME LINE August 5, 2005 Received FCC Form 394 September 19, 2005 City's right to purchase deadline. December 3,2005 Must take action on Form 394 no later than this date. . e 801108vl ~ e ~ = ...... r- oo 00 ~ C'l ...... C'l C'l ...... dd dd C'l ~ dd dd dd > r- l""l o::t o::t r- 0 ...... ...... Z ~ o::t ~ C'l 0 o::t o::t = dd C'l C'l C'l r- OO 0 ...... ~ E-- 0 dd dd dd dd E-l u ...... \0 0 0 l""l~ ...... ...... l""l -< 0 ~ Co-' Z ~ E-l ~ ~ ~ ~ A - ~ ~ \0 ~ = C'l \0 \0 ~ U ~ dd V) C'l C'l ...... ~ ~ 0'\ dd dd dd E-- ...... dd ...... C'l C'l 0 ~ N ...... ...... \0 ~ ...... U 00 ~ E-l ~ U ~ ::E ::E ::E ~ ::E p.. ~ p.. p.. 0 ~ p.. en r- r- l""l ~ r- ] @) @) \0 = @) @) U E-< d d 00 d fE 0 0 en L? 0 l""l ::E ::E Q) ::E "Cl Is ..s ~ Z ~ i-I C o::t o::t E E-- - "Cl "Cl Q) V> ~ ~ l""l ~ :> ...... "Cl ~ ~ -g '"2 ~ ~ C'l C'l - V> ...... (/) ..s:::: "Cl ~ "Cl .- ;j fr ~ > 0 (/) - ~ p.. - 0 Q) Q) E-- U ...... ..:.:: ..... . ~ ~ .- i-I ...: ...: ~ U 00 00 00 00 ~ 0 00 ...... N l""l ~ V) --- ----------------- ------------ ----- LMC RECEIVED League of Minnesota Cities 145 ~~iverSity Avenue West, St. Paul, MN 55103-2044 . AUG 2 2 20 (651) 281-1200 . (800) 925-1122 Lmg.... of Mi_ota Cm.." Fax: (651) 281-1299 · TOD: (651) 281-1290 Cia... promoting -DrmcII CITY OF ST. JOSEPH www.lmnc.org August 18, 2005 Dear city official: Join us at the 2005 Annual Conference and Marketplace in Rochester, Dec. 1-3! This year's conference is all about making connections, motivating staff and colleagues, and inspiring others to work in tandem to make your city great. The Annual Conference is a great place to learn about issues and opportunities relevant to your community. You'll hear about legislative issues of concern to cities. You'll explore important, timely topics in 22 concurrent sessions designed to inform you and even make your job easier. You'll have many opportunities to network with city colleagues to exchange ideas and battle stories. You'll meet vendors to find out about ideas, products and services that meet your city's needs. And you'll get away to recharge and get inspired! . In addition, the opening and closing are dynamic and engaging-they are sure to energize your public service. Prominent political observers on the Cities Forum panel will explore what's on the minds of Minnesota voters. And if you're attending for the first time, the orientation for newcomers will provide tips how to make the most of the conference. Please review the enclosed brochure that previews the Annual Conference and Marketplace program, and register online at www.1mnc.org beginning in September. See you in Rochester! Sincerely, f}- -1. fY/ ~ James F. Miller Executive Director Enclosures: Annual Confer\;:'\ce & Marketplace brochure and Rochester visitors' guide . AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER }Jon' 1 C fc . .. ~. nnua: .... 'on. erence and Marketplace U I.; (, n~O) Ii Ft1 !, : [~ 'I I! " 1, Tt~iUrF~S (,. 'I: Concurrent Sessions II PRE-CONFERENCE PROGRAM: . Creating Neighbor-Friendly Neighborhoods- Parr I: Capturing an Emerging Lifestyle Municipalities on the Move Workshops: . Next Steps in Reforming Annexation Laws . Solving the Highway 52 Conundrum . Conference within a Conftrence: . A Lesson in Economics: The Possibilities of Community- The Impact of the Medical Industry Parr II: Getting Input from the Community on Rochester and SE Minnesota (off.site) . By Popular Demand: Special Interest Roundtables Technology for the Times- Topics to be determined Are You Wireless Yet? . Especially for Small Cities: Orientation for Newcomers Personnel: Making the Tough Decisions CONFERENCE KICK-OFF: . Especially for Staff. The Dynamics of Employee Motivation Opening Ceremony and Concurrent Sessions III Keynote Speaker Bill Strickland . Creating Neighbor-Friendly Neighborhoods- .MarketPlace Grand Opening Parr II: Capturing an Emerging Lifestyle and Prize Drawings, City Night, . Economic Development: Chocolate Fantasy Building on Your Assets . Conference within a Conftrence: FIRii DEL 2: The Possibilities of Community- Parr III: Sharing Information with Continental Breakfast the Community Cities Forum . f3.y Popular Demand: ll1e Generation Gap- Understanding the Mood of the Voters Connecting Different Value Systems Marketplace Grand Finale and Door Prize Drawings . Especially for Staff. Performance Discussions LMC Reception and Banquet Concurrent Sessions I . Issues in Eminent Domain fir DE ~'! tll .J . Taking Action for Clean Water Mayor's Breakfast and General Continental Breakfast . COJ~ference within a COJ!ference: 2006 Legislative Preview and Policy Development The Possibilities of Coml1lunity- Part I: Engaging Community and Comments from Gov. Tim Pawlenty (invited) Members (Featuring Bill Strickland) Concurrent Sessions IV . B)I Popular Demand: . Don't Meth With Me Strengthening Council-Staff Connections . By Popular Demand: What Makes Sense- . Especiallyfor Small Cities: Cost Recovery Through Development Fees Survival-ll1e Future of Small Towns . Especial61 for Small Cities: . Epecial6' for Staff. Help! We're Losing Our Only Doctor- Employee Health Care- Exploring Health Care Options Meeting the Challenges and Obligations . Especial6' for Staff. eMaYOrS Association Luncheon Developing Effective Personnel Policies and LMC Annual Meeting Luncheon and Closing Keynote Nick Mezacapa Rochester T~f(,c i'.;;.":.~. 'co, ....-~...~>J"''l;',q r-\, ..: :~:;j._ "!',. ~.' ,. ;.\'i"",. r' .)..' "'." is the place to be on December 1-3! Leave your coat behind as you walk through Rochester's skyway and subway system, which gives you accessibility to the Mayo Civic Center and downtown attractions without having to set foot in the cold. All Rochester hotels are located downtown within five blocks of the Mayo Civic Center. Skyways and subways will remain open in the evening for your convenience while going back and forth from your hotel to conference activities. Shop 'til you drop with terrific holiday shopping opportunities including antique shops and one-of-a-kind stores in the Galleria. Experience world-class art by internationally-renowned artists at the Mayo Clinic's Gonda Building and numerous art galleries. Or just enjoy a good walk indoors. The Rochester Host Committee has worked very hard to design a great program for conference attendees and their guests. Their work is your fun! The Marketplace Grand Opening and City Night will give you the opportunity to mingle with vendors and other city officials while enjoying substantial hors d' oeuvres . and music by Swing Street. You might even walk out with a great door prize for your city donated by exhibitors! Mterwards, you'll enjoy a concert by Tingstad and Rumbel-2003 Grammy winners for classically-inspired contemporary music in recognition of their album "Acoustic Garden." And to wrap up this unforgettable night, you'll be immersed in a delicious Chocolate Fantasy-everyone's favorite decadent event! The Friday night Banquet will have music by Classic Brass and Whirlwinds Woodwinds Quintet, also sponsored by the City of Rochester. Other events sponsored by the host committee include the Mayo Clinic tour and movie, and Mayo Clinic art and architecture tour. "Welcome to Rochester! I hope you have some time to discover why Rochester is consistently recognized as one of the most livable cities in the nation. Rochester is a city with a proud heritage of people helping people, and a prevailing "can do" attitude that is the catalyst for the ongoing progress and visioning for our future. I hope you have a great time in our city and take advantage of the activities e the host committee has designed. See you in Rochester! ~~f:~-r~~4 Ardell F. Brede Mayor, City of Rochester ----- - - - --- . Anhual Conference and Marketplace As a c~ty Offilda~g YOUJ uTQake connectmons at a1Hl11(~v~~tt;; ". ..: ;,- "-.......~ . You work with many individuals-other city officials, city residents, businesses, legislators and even city officials from other communities- to run your city effectively. Leadership comes from your ability to take these connections to the next level-to motivate and inspire people to do their best. Get new ideas, share your ideas with cities of all sizes from across the state, and connect with other staff and elected officials who share your concerns. At the LMC Annual Conference in Rochester, you'll find what you need to keep your community moving forward. e (,~: r:;' Iii n - oj; of. f .. I_eagllc ofl'vlhllW$t1I(/ ( i"",,,, 1 JJepi}1SSl -""1l ~1itles <<?i C(J/n1/lJ11U'nlt]l I ('ii ;(!S f' '.Oll mli 'I~' . '.ve, ./1. 'II, "" J connU~.tiV':SPi rei e ~e possibilities You'U leave this Of community conference energized to better your commul1loty Get to Rochester early to take advantage of Severa~ speda~ tracks pre-conference workshops and special roundtable will enhance YOUlr discussions focused on hot topics that are sure to conference experience spark your curiosity and allow you to learn from your city colleagues. Explore the possibilities of community The conference opening and closing keynote in a three-hour Conference within a Conference speakers-Bill Strickland and Nick Mezacapa- where you'll find out how to engage residents, will inspire you to make more effective connections get input and build consensus, and communicate in your community and invigorate your effectively with your community. commitment to public service. In the Especially for Staff track you will learn about Because we heard that you want more time to day-to-day city management issues such as the network with colleagues and meet vendors, we dynamics of employee motivation, meeting the designed the 2005 conference accordingly. Also take challenges of employee health care, and personnel advantage of the Marketplace events to connect with policies. vendors who can help improve your city's efficiency Connect with city officials from small cities and . through their unique products and services-their explore topics from the small-city perspective support helps lower your conference fees. in the Especially for Small Cities track, including The Cities Forum- "Understanding the Mood of top personnel issues that impact small cities, the l/oters'~will give you insight on the changing challenges and ideas for keeping your community's views of Minnesota voters. A panel of distinguished doctor, and the future of small cities. speakers will explore how people view local Metro cities can take part in a two-part session government, the role of special interests in local on creating neighbor-friendly neighborhoods by elections, and what to expect in the 2006 elections. exploring and understanding new community You'll also get an overview of League activities, design ideas. and have the opportunity to review and give your Also, if you missed out on the regional training opinion on changes to the League's legislative sessions this year, check out the By Popular Demand policies and constitution. Remember, your track. It includes topics on wireless technology, fees involvement and input is critical to the League's and fines, and defining council and staff roles. efforts to meet your city's needs. And stay after the conference to enjoy Rochester's The conference wraps up with a look at what cities downtown offering fabulous dining, shopping, can expect in the 2006 legislative session, discussion and museums-all connected by warm skyways of the League's draft legislative policies, and comments and subways! from Governor Pawlenty (if his schedule permits). In addition to these general sessions, you'll explore issues of current concern including eminent domain, clean water, meth lab clean up, annexation, e and economic development. ---- - ------ FLAHERTY & HOOD Professional Association RECEIVED . AUG 1 5 Z005 CITY OF ST. JOSEPH MEMORANDUM To: Judy Weyrens, City Administrator-Clerk City of St. Joseph From: Colleen Millard, Office Administrator Date: August 9,2005 Re: Corrected CGMC Invoices - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As I told you in my telephone call on Monday, an error was made in importing the assessment data because of a difference in the sorting of cities starting with Saint/St. Therefore, the CGMC . due's statement dated August 3, 2005 that you previously received is incorrect. We apologize for any inconvenience this may have caused you. Attached is a corrected invoice for your city. If you have any questions or need additional information, please do not hesitate to call Steve Peterson at (651 259-1922 or Colleen Millard at (651) 259-1904. cc: Mayor Richard Carlbom . 525 Park Street. Suite 470 . St. Paul, MN 55103 . (651) 225-8840 . Fax (651) 225-9088 Dedicated to a Strong Greater Minnesota e Corrected Invoice - MEMORANDUM To: Ms. Judy Weyrens, City Administrator-Clerk City of St. Joseph From: Scott Hutchins, CGMC Treasurer Date: August 8, 2005 Re: 2006 CGMC Assessments - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Your 2006 Assessment is based on the amended policy adopted at the annual membership meeting in Moorhead on July 29. Cities will continue to be phased-in to a new rate structure . based on population categories, but changes were made to the rates, phase-in amounts, and a maximum increase provision was added. 2006 assessment for the City of St. Joseph $6.753 For research and advocacy and general services related to property taxes, LOA, annexation, environmental regulation and funding, economic development and transportation. Payment may be made out of your 2005 or 2006 budgets, but payment should be made by February 1,2006. About 25% of your assessment is used for annexation and environment programs, which some cities payout of their utility funds because of the direct impact of these issues on their sewer and water service. Please make check payable to CGMC and send to: Scott Hutchins, COMC Treasurer City of Moorhead 500 Center A venue, Box 779 Moorhead, MN 56560 If you have a question about your 2006 CGMC assessment, please call Steve Peterson at (651) 259-1922 or Colleen Millard at (651) 259-1904. e -------~ "";,,J[:j RECEIVED AVON HILLS INITIATIVE AUG 2 3 2005 . Mayor Richard Carlbom CITY OF ST. JOSEPH 100 College Ave. SOUtll #7 St. Joseph, MN 56374 August 2nd, 2005 Dear Mayor Carlbom: I attended an ice cream social sponsored by the Sisters of the Order of S1. Benedict on July 14th that included a tour of the Monastery's nature areas. The hospitality and stewardship I experienced made me tllink of what makes living in Central Minnesota special and what gives people in St. Joseph a true se:p,se of place. The College of St. Benedict and St. Benedict's Monastery are cornerstones in the identity of the St. Joseph Community and will continue to play key economic and social roles in its future. A remnant of the "Big Woods," tlle scientific nature area the Sisters have worked diligently to preserve, represents an exceptional asset for all of St. Joseph. St. Joseph as a gro'Vl'ing and prosperous community has something very few communities have, namely a non-commercialized entrance from the adjacent interstate. This attractive and uncluttered community "front door" largely owes its existence to the Sisters' 150 year tradition in St. Joseph. As communities grow, well intended task forces meet to identify future needs and grov;1h strategies. It's notalways clear, however, that these task forces have a wide enough charge to consider every important consideration. It is imperative that elected officials take an occasional step back and confirm that the task e force's criteria fully identify the future needs and opportunities for the community. Further, the responsibility of elected officials is to ensure the defining vision of the small-town character of the community they serve is not forgotten. The Avon Hills Initiative (AHI) works to respect that defining vision. AHI is a community based organization committed to maintaining the natural and rural character of Avon, St. Joseph, Collegeville, and St. Wendell Townships. We act to initiate meaningful dialogue in order to preserve the rich cultural history and natural beauty of the Avon Hills for generations to come. We respectfully ask St. Joseph's elected officials to remain objective in their review of the criteria established in the determination and placement of the proposed Field Street Collector Road and that they remain open to e'-'Ploring alternative ideas and solutions consistent with St. Joseph's community vision and true sense of place. Sincerely, Stephen Plantenberg Chair, Avon Hills Initiative Cc, City Council Members e Saint 5enedict's MOllaster~ A place ~or peace and hospitalit.:! T he Sisters of Saint Benedict were founded in 1857 by four young Benedictine Sisters and two candidates who came from Eichstatt, Bavaria, to teach children of European settlers and to establish a Benedictine community on the frontier. At the invitation of the people of St. Joseph in 1863, the Sisters moved from St. Cloud to this frontier town where they established roots and built their monastery. At present, Saint Benedict's Monastery is home to 315 Sisters. Over time, the Benedictine monastic commu- nity has divested or contributed land to respond to the needs of the local community. This land has been used for community enrichment . 68 acres sold to the City of St. Joseph for Park Terrace, Millstream and Klinefelter parks. It has also been sold to respond to keep pace with the city's growth for city services . 24 acres sold to City of St. Joseph for storm drainage. Today, the Sisters have only 282 acres in St. Joseph (taxes are paid on 155 of these acres) . 100 acres of natural woods with walking trails to enjoy wildlife . 8 acres of tall grass prairie with pond and wetland . 84 acres leased to local farmers who practice sustainable farming . 5 acres of oak savannah and short grass prairie . 85 acres for the main monastery buildings/campus Sisters at the 6 Order at Saint Ben i II 1 CM Chapel Lane, at. Joaeph, MN 6837<4-0220 - - - Sacred spaces: A land of the heart . Historically the threat posed by the collector road has been around for a long time. I have several letters from biologists in which they give reasons why the road should not be built. Our prioresses frequently wrote to the city to oppose the road cutting through our grounds. Ecologically speaking, there are some important factors to speak to as we look at the land west of the monastery and college, roughly 180 acres. The woods comprise about 100 acres. The tall grass prairie spreads out over eight acres, and a growing oak savannah encompasses five acres. Within the woods there is a restored wetland, done with the help of the DNR., near Sacred Heart Hill (now alive with frogs and wood ducks). A tall grass swamp is found at the south end of the woods. A tiny corner ora small lake, No. 62 on the Steams County Environmental Map, which we call Lake Sarah, is an extension of our wooded land. Lake Sarah is about three to four acres and is 20 feet deep. Small fish, ducks and other animal life call t;his lake home, while beautiful cattail and other emergent plant life abound around the edges. Periodically beavers come to set up residence and do their own harvesting of some of the trees, and that is fine, for the trees also belong to them. Ifwe continue to move northeast, we come to the holding pond in the tall grass prairie and - .... ~; ; then we~see SQ,acres ofcultiv~ted fields. The fields are dissected by a line of trees running .:-::nort:b,~~Qu.th.J1l~~Wp.QfB.iP_erian elms was put in to act as a shelter belt during the years -..- - when the dust was blowing. ~. _. ~ .... The fieldsare"farniedby a renter who carries out sustainable practices. The fields and -;e agricultural land are sacred to us, a God-given gift. ._'. - -- The woods area is made up of maple, basswood, red and white oak. One may find, as they meander through the woods, an ancient tree whose trunk is so big that it takes three people to encircle it! At one time the woods had majestic elm trees, but these have died out due to the ravages of the bark beetle. Even amid common, vicious invaders, such as buckthorn and honeysuckle, which can overgrow natural areas, the 'monastery tries to be a good steward of our land by working to maintain the biodiversity of the woods, savannah and marshy areas. About fifty years ago, milk and beef cattle grazed the woods until the monastery removed them to allow nature to reclaim the woodland. Only now are the woods reaching the final stages of recovery and new life, trees and flowers, is evident everywhere. Spring flowers are corrnnon inhabitants, including bloodroot, trillium, jack-in-the-pulpit, wild onion, meadow rue, showy orchis, wild geranium, ferns, mushrooms and other shrubs. Many of these flowers are found only in mature woods. To reach these natural wonders, two carefully marked trails were laid out. Most of these are cathedral-like with overarching trees that allow us to wander and wonder through the woods on comfortable, shaded paths. The trails are mowed and marked with directional signs. We have begun the task of building water erosion controls on some of the steeper trails. e, /o-v rft--) I \ This woodland is shared with the local wildlife. Deer are the most numerous, to the point of allowing controlled hunts, but are a beautiful sight. Turkey, grouse, hoot owls and numerous woodpeckers of all kinds are both seen and heard. Many other common and uncommon birds are to be enjoyed, too. And what an experience when one sees the rare summer tanager for e the first time! Sightings are made possible while quietly walking a path or by spending a time to pause and soak in the beauty that surrounds one. Our four-season lodge provides warmth in the cooler months. Beneath the surface, one may find soils of sand and gravel laid down in broad out\.vash plains from the retreating Des Moines glacier. The deposits vary in thiclmess from about 10 feet near the lodge and continue to have greater thiclmesses as one moves toward the campus. These water-bearing sands and gravels (the aquifer) are highly permeable and water moves through quickly. The water table in this region is at about 27 feet from the surface but the wells of the campus go down to about 76 feet. The water table slopes and water flows from the southwest (from woods) to the northeast region under the campus including the city of St. Joseph. This same aquifer supplies water for the entire city of St. Joseph, the monastery and college campus. This aquifer is illlconfined and there is nothing to prevent surface pollutants from entering and contaminating the water-even to the deeper depths of the wells. Imagine the -am()1.Ult of contaminants resulting from the construction of a two- or three-lane road cutting across. the campus as well as the contaminants coming from cars and trucks on the road. What happens to the water supply of the city of St. Joseph, the monastery and college campus? We respect the woods and hope to maintain the rural spirit that we have created around 8t. e Joseph. In addition, the woods absorb many air pollutants, including carbon dioxide, that blow over our grounds and city, are a supplier of newly manufactured oxygen-the very stujJ we need to breathe-and act as an effective sound barrier from the busy interstate. Truly our woods can be called sacred: They are a part of God's creation given to us to be cared for, to be loved and to be enjoyed for the blessing they give. It is a place of grace for reflection and prayer, a place for discovery and surprise, a place to slow down and just be. A place where, if you are not careful, God will get to you. We do use the woods for all these reasons. A road bisecting the monastery grounds will put it ojJlimits for most of the Sisters, the college women who live here, the visitors at the Spirituality Center and from the local area. The consequences of such a road will be irreversibly damaging to our conununity today and for many, many years to come. Let's choose the higher option to protect this "Land of the heart." Phyllis Plantenberg, OSB Biologist and ecologist " e ------------- --..---..--------- RECEI'VEO t'J. ('l (). ' AUG 1 8 \~\ \/0 lA/v\;e~-L\ Yv\..QIY\i\b,{0j, 2005 e ' , '" 'I , , ' _ CITY OF ST, JOSEPH l0 ,iL ~'Vev,." V V\ ..A.JU)~. v_O)T '\!vO'v-t 'GO v-- &10 (y.J() t- 'X' ~e.L {A 'X" ('\ \ ""'l _, ::::v -- v . U ~'\ vV)~ ~C~ .~ '?)+'u.~~ .,,{ )\. 8-t~~ Y,\, ::-"\- \i (l () n . (~ yv.. Ov~6 Ul~~ (Nv~6\ ~~ v l\j'-l C<-'vv\R".j, ~ G\. ~~ ~~~ o.'X 'J:'d3 ~ JJJ cJ~,~,^ ~ ~ "; 1\ ~~. ~~. ~.~ ~~ ~-IT~& 'Y:~ ~ ~ bw,~ ~~ ~i~~'~~ <\A., ~"- ~. <:LIV {\......" 0 -* '-<1- ~ 'j,~\L.~ ~ J;,\ 'O~ J'\iWIL ~t~ '-W ~~ tv"A \mU 0"'" '\k r. ~ ~ \ue,,, ~.~ Wl-t2J ~~ J>~~ ~~ .1cwVv-j ifu. ~~7~ (>Y~ ~.~ e yv&~ j,~,,\ :t.'t\J;;y, , ~ '1u.~ ~~ ~'"' ~ i' NvvO"-L (2\"~ ~ lto~ \\e:>~~. (l 3vvro'i~ ~ iA)Ov~ \, v& \)'A .~~ ~/~~,~V\X- ryvU-'~!> u CJ f'Y'-JL" -. ~ ~,' ~.J;~0 " bO \.A.~-L~ s1 .~JLt, Ct, ~ fi" \0 ~ '~ "\JV\ tJ - (~ ' ", r; (\ ' (--: , (J ~V\ ~vvv-e^,j;:. ~ l6 ~"-\ j}~ c =t~\.t-' v,", P /:).' {)-u...~}t- ~U~ \:0 . w~J~:A ~ ~~ ~, ~ ~')L~6 \~..94\.2t~J~ Q.N~ u.. cJ},-{~r\/I.('_A..- ''\::0 __t,AI'H ~ A , ( ~~ .!o '0"!0..\' (~ r--~~ c:J ~"'- ~V"-- ~~ '"", ~ ~~~~ ~~ ~ Ul-,^ J-U.uY- wcd.l,^~ ~ ~ 't"fu a~ ev, t1R't \N>Ol?6!-6 ,u:~ bW\~,'!, ,,'V,QI~~[,},. ol9\ ~~~t. ~'C~,k{eAt,,~, ~,~ \:! ! .J ~ ("I () ~\ >~<tIV }?1~, W~. Y-~~-bS : ~'~ ~ _~- :to -~ f'~ );..U_ w:J ~ t~ G~ ~~ a-jtt~ ~/J ~. r3~ ~ V11t~~, .~ ~F t-t .p-. &u~ ~J ~ ~~ .~JJ r#M ~., wM a ~ -dMu ,~ W-!,Jd.k -p ~ ~'(JU,~ ~j~I' {J~~r - ~r~~~~s+,~ ~ ~ U..rC"-('~ ~f ~ ~~J-t:I2J (YY1fM'1 fU~- ~- U;~uo~ ~ ~ &~() ~ ~~ kJ.~ a"I'U~(../ a~tLN~~~~~ ,~~,~ ~ ClA--d!. l~~_ ~~ ~ ~f-v /W ;'1~~ 4T~ ~ ,/UJ ctL-t:~ -;t -;t/&- ~ I , ~/U~ ~~ ~~ ~J W<-~~~ (f~~ / ~cf I /J4' ~ f!&~ l~/l?-C.e fa1/n1 Ja~. ~~J.; / /,v-tyt,..ci.z." {-a~ c~ /rv1 ~ f e J( ~~1~'('~~ l,~vt / ""v-C' './Jt-".'.'-{/. c.vV ciL~, e (JJ~ e~~/t/ );1-_ &:d ~ r , I tx;f- ~ /YJtL{)y~ t0~- _M4e4---~' ~~ ~.. ~ f~ 6U- -F~ cZ4/ rfJt~ :t& Mf1J ~ ~ ~ (f~$:i' y.~ r ~ ( e r~1 z)~ CW2 ..Yw.- W~ !15'9 cf I / D-ffA 5t WrJ~ ~- 5~cff,;:L ( e e RECEIVED AUG 3 0 L1}BS CITY OF ST. JOSEPH ~- ~ 7';. ~CJc:JS ~~ ~~~~/r2~a~ 0/fz. 9c~/ 7n--n-} ~- tt. .-.77 ~. ,{;~v lJu. ~~~ I " 4~ ~ ~ .~?U /~.D -~,-v~$.V..JL e /l~J- If d-~~ /I ~ .~:L. 9-~~. ~-e- ~"'-"--' ~U~~ ~. I~ ~~"~ ~ ~.~.~..~. {iJ~'-.ft E/ d,L'. {h~. ~i'~ .r~' ~"A a~ .~.-~~~ ~I hi " ,0 I // 'lc9 ~~~~? .~~ ~~. hL ~~'~~7.~d~A-<-' :r JL. "q ff ~. q'~ ~ ~--t; ~,~~.P;UV .iu~.L~ffd-U--' at-' ~ . ~f-v t2~~ /~ ~V ~V ~ P~r+~ I ~ hki2_J p.v ~~ ~ /}~-La_~_b/~A.~.~-r:-0~' (/P.JU,"- ~... ~J( X~ ,',., ~ t~ ~-'7'/l. ~ ,;t:,tJ.-/ 04 ../ .~" . '/ttk"C. ~~. ~I ~ . ;l}2~- ./< . 0 r::-') - .A2-' _ '~V ~ ,A/~~.(....J ,.. e d' ~. - , , --,' ( //. <?c;C..t!./~ Ie ~,. /,~' ! 'bJt.<..i.L-- Y-\..>,:J.Zt..c'~/f,-,- '. /.LL?--r~;1?te~' ,./ / .. - / -. / ,/ . ,. -------------- R~C!EI'VI2D August 24, 2005 AVG .. . .~ 0 2005 City Administrator Judy Weyrens crrv 0/= PO Box 668 Sf. JOSEPH St Joseph, MN 56374 Dear City Administrator Weyrens, I am writing to express my opposition to the proposed roadway through the hundred acre parcel of monastic property belonging to the Sisters of the Order of St. Benedict. The Sisters believe the roadway will adversely affect the value ofthe property as a sacred retreat for them and for their Spirituality Center. I agree with their concern. The Sisters refer to their woods as sacred. They can, of course, best speak to this. But what I have learned ofthe Rule of Saint Benedict over the years has certainly left me with greater appreciation for nature and also the value of silence and nature for prayer. Those woods are as integral to the monastery as the buildings are. The sight, sound and odor ofa road and automobiles would seriously interfere with the monastic and sacred value of this property. Is the proposed road worth such impairment to the monastery? To so seriously damage the restfulness of the monastic lands would be extremely short- sighted. The Benedictine communities in Ollf midst are a rare treasure. We are so fortunate to have such a resource. The Sisters provide spiritual leadership to many in our . region and elsewhere. Even those who have no affmity for the monastic community benefit from the unique feature it gives our area and from those drawn to the College and the Center because of the Sisters. Please do not authorize this road. Thank you for taking the time to read this letter. Sincerely, ---'1- ~ - Jean M. Didier 1919 Summit Drive Saint Cloud, MN 56303 . RECEIVED AUG 3 0 2005 CITY OF ST. JOSEPH . Dear Ms. Weyrens: August 26, 2005 I want to share with you one of the reasons why I feel so strongly against the projected field road. It is becoming increasingly clear that within the next twenty to thirty years all the large buildings we are living in and using at present will be much too large for the small number of sisters who will live here on this campus. These building will likely need to be sold to the college or to other interests. During the last forty years about 35 sisters have made their final vows. We have been realizing that we will within the next few decades have to build a much smaller monastery to house this group-a monastery with a smaller chapel and dining room. About the only place we can possibly locate this future monastery is out toward the west of our present location. We cannot go north because of the city of S1. Joseph. We cannot go south because of the college. We cannot go east because that land no longer belongs to us. Going toward the west near our barn., spirituality center, and our woods seems to be the only likely place for our monastic community to continue its existence and have a future. The projected field road would make it nearly impossible for us to use this land . for a future monastery. Thank you for the time you are giving to this vital issue. Sincerely, ~~ ..d. ;t:,~ S. Linda Kulzer, OSB . A ' ~'t i) 7 "If)Or: 31408 La.l'kspux La,ne Ugl1~.., ,c. I " L'\, . d Avon, MirnlNlotEl 56310 . Judy Weyrens P. O. Box 668 St. Joseph, Minnesota 56374 Dear Ms. Weyrens, I <tin v.rrltirlg to you heCEtU.8C of tHY concern about the proposed road thn:R1Hh p<ut of the property ow'ned hy the College of St. Benedict a.nd St. .Benedict's Monastery. I understal1d tbl'\t city council m,ernhers win he :t1.1 apositio:I:l to affirm or deny COfH'ltruct1o:n of this road tluough their property. It has been lw.id that the sisters W110 ow~n this property do not pay taxes on 11H:~ir IEtne! but this is only partially true. They do pay taxes OIL 155 acres of their land.. The College of St. Benedict, like aU other institutions of bighe:r learning in Minnesota, Illalccs ecoHOluic contributio:ns to the local comrnunity and econo:my that i~'l:r ollhveigh \'vha,t tuxnhle rncolne the city tnight othenvise receive. J3uilding this road. could well de8trOj' the E>.pecial nual cOlIl.tml1uly of St. Joseph. T.tl.e:n:~ are other possibilities of handli.ng traJI.ic through fhe city and I arn concerned tllat other or alternative proposals are not beir.l.g seriously considered to l:nave traffic l';;afely tlU01Jgh the city. 1 believe tb.e current proposal promises destruction of existing bu sinesscs . in (~I JOG(mh 111 exc!vulfif' for 1'1 "'eriC's of 1'1("V\/ "big hnx" .r~t';lil e".tf;\bh~'h.lllf"nls Volhich vvili ^ ,fl. .0' \... ".~ ,..' .,.._. .,_'., ."_~.I., ";";'^'" ,_ h., o,;.t" . ....~._ ~.' ,.-- '_.,..' ..... ~ ..".,.,{".~.. >>,'lL~",~",'A,-:J., "..~^- -,..\. ,-....,j.",,-. .,....~ he sure to corne. It i8 .hard to believe tlwt curn::nt hlH,ineEH'> estabhslmH::n.ts in HI. .10<<(::ph v;top lel [I(' .in f';;rv(\'^ oflllic< pnmo''''l) (we!' 1'1Wl Hyll it rnight f"V'C thi" thrn ,tT,tffi" __ .,.'ll..:.. . ,..01....._." ..'..... ,.(. ........t. ,_. ,.'h'J "".1.:.,-..",,)(.., '-. .<.f, .....JO. .'~'o...:;r.-'-"" -"'~"~...,'--'- .,t~.hl__, ,'"y-,-- r-._';'_'_ .,~, ...'.__f...,.,\_.' ~;ituation '\.Vl1icl1 I WJl told is excesf;fve. For mJ,1.ny years I operated ft l'et.~:il busixle'ss in St. Cloud but Vias forced to d()!je it down vilhen a l1,e\.'1/ higlr..vay was constructed to lead to a Ituge shopping center west of St, ClolHl \""hich "\'\11:18 supposed to nJ.f:lke life hetter fOl' everyone. :Many other retail bllflinesEH:;s in dm~rntov;tn suffered th.e stu.ne fate leaving the center of tI'lat crt:;,' haJf eUJpty (~xcept 1'01 a proliferation ofhan; '\lilhich seem to be oriented tc)\vard (."1'. 1 ". t'" I ';. 't l .'1"" tl . t ..'...... t l. ,',,,.,, '" ;. ("t J "". 1 ,.. . :. fr ,. . f. "..ue C,J"" C.UI. JC lCV€ . 1/;1 . CUll eu,.. JI1Slnt",..,H:'.d.ill ,').. , 06€:-]) 1. m (; 111 . dVt,)J o. d repetition of this 8ee.nalin. Dc.. 't 1 "1 tl '., I:- " . .. ~. . ... St J '""..1 .. .HI .. .t, ,n.,. Id.ppt.I1 111 ,. . ,. O"'~J.I L For generations, the COill.1uu:nity ofvvomerJ at 81,. Benedict's has given their live8 to ed.IJCating children in 0111' co:rn.munjties~ ta.ken cm'e of the sick in hospitals tho'"lt tJ)f'Y built arId . and tC) UE,. .fl()\f\T iJll of their h01ne. COldial . RECEIVED Fredric AUG 3 0 2005 CITY OF ST. JOSEPH RECEIVED AUG 3 0 2005 Sigrid M. Hutcheson CITY OF ST. JOSEPH 3357 St Louis Ave . Minneapolis, MN 55416 612-922-7100 sigridrnh@aol.com Judy Weyrens, City Administrator P.O. Box 668 St Joseph, MN 56374 Dear Ms Weyrens: On last Friday evening I attended a celebration at St Benedicts Monastery along with over 700 other individuals who are active supporters of the work of the Sisters of St Benedict. I was absolutely appalled to hear about the proposed road that would cut through the Sisters' property. I understand the need for developing a better transportation infrastructure to meet the needs of a growing population in St Joseph. However I firmly believe that with all the local talent available in St Joseph a better solution can be found. I was told that to date any alternative proposals have not been explored fully by the design team, and also that most of the members of the team are not local residents. The process as described to me seems to indicate that "outsiders"are dictating the decisionmaking process. I am left wondering why the individuals who are leading the team developing the proposals are people who have technical expertise but have no knowledge or understanding of the local situation. The Sisters of St Benedict have been at the heart of the development of St Joseph for nearly 150 years. Surely their needs and preferences should playa critical role in whatever decisions are . made about new roads. I cannot imagine that anyone who lives in St Joseph and plans to continue to be part of life in this community would want to be responsible for casting a vote that demands that the Sisters give up a critical part of the relatively small amount of property they still own. Do you want to be the person that goes to the Monastery to inform the 200 sisters that live there that you have voted to annex their land and build a road that cuts them off from their woods, wetlands and native prairie? I urge you to: . open the discussion of options to include the widest possible range of choices, . establish a timeline that allows adequate investigation of all the feasible options, . open the process to include active, meaningful input from all sectors of the local community, and . ensure that the process used to develop recommendations and make decisions is controlled by local individuals who will experience the costs and benefits of the decisions. I trust that reason and common sense will prevail. I will be tracking the process closely in the coming weeks. ~cerelY. ~ S~ eson, Ph.D. . -~------ . August 24, 2005 9278 Dunbar Knoll Circle Brooklyn Park MN 55443 Judy Weyrens City Administrator City of St. Joseph P. O. Box 668 St. Joseph MN 56374 Dear Judy: This letter is written in regard to the proposed "Field Street Corridor" to express my opposition to constructing this road as it is now planned. St. Benedict's property is as close to "sacred ground" as we get on this earth. As you know, it is a peaceful and serene place that many of us can spend time at to renew our spirits and get away from our usual harried lives. Being in these quiet, simple . surroundings provides a peace that is difficult to find anywhere else. Please understand that its not just the people living at the Monastery that will be affected by this road - it will impact the hundreds of people who participate in the retreats and other programs St. Benedict's offer each year. The noise and distraction of traffic running through this property will destroy its greatest natural resource. Please find an alternate method of solving the traffic situation. Respectfully, iadf-. RECEIVED AUG . 2 6 2005 CITY OF ST . JOSEPH ---------- ---------------- . 322 15th Avenue North Hopkins, MN 55343 August 25, 2005 Judy Weyrens City Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens, This past Sunday I heard of the proposed Field Street Corridor and am distressed. I am an Anglican priest who visits St. Ben's on a regular basis. I am concerned that such a proposal even entered the minds of the St. Joseph mayor and city council members. To subject the serene atmosphere of this fine Benedictine community to noise and air pollution in the name of "progress" is unconscionable. Once done, it can never be reversed. . The proposed road will harm the historic value of this area and destroy the peaceful atmosphere that has been a part of this community for over 150 years. The college campus will also suffer from this disruptive intrusion on its essential Benedictine values (which extend over 1500 years of tradition). Please reconsider your plans and do not destroy one of the greatest treasures of Minnesota and the St. Joseph community. . ,- Re . illiam Isterman Rector emeritus Saint Dunstan's Anglican Church RECEIVED AUG 2 6 2005 . CITY OF ST. JOSEPH Sisters of the. . Order at Saint Benedict August 25, 2005 Dear City Administrator Weyrens, I am a member of the Sisters of St. Benedict and I am deeply disturbed about the plan for the Collector Road that would bring it right through our property and straight across to the new development across College Avenue. I am having a hard time imagining why this seems to so many of you to be the best route. For us in the Monastery it completely changes how we can use our property. For the College it completely changes it rural atmosphere into a busy highway running through it. And for people who just built homes across College Avenue it will certainly change what they thought they had. I would like to think our Council could be more creative in coming up with plans for the city that will not be as divisive as this road will be. I am asking you to drop this plan and to go back to the drawing board to see how things can be made better for all of St. Joseph. I do not think this is a well thought out plan at all. . Sincerely yours, ~O.!~ Shaun O'Meara, 0 B RECEIVED AUG 2 6 Z005 . CITY OF ST. JOSEPH Saint Benedict's Monastery 104 Chapel Lane, St. Joseph, Mf\I 56374-0220 Phone (320) 363-7100, Fax (320) 363-7130, www.sbm.osb.org Saint Benedict's Monastery 104 Chapel Lane St. Joseph MN 56374-0220 August 24, 2005 . Judy Weyrens, City Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Judy Weyrens, I am writing to express my concerns about the proposed Collector Road to divert traffic from Minnesota Street that would cut through Saint Benedict's Monastery property. Viewing the consultant's concept of the collector road path leaves me, as a member of the monastery for almost 50 years, breathless to say the least. When I came to the monastery, I had lived in the rural areas ofChanhassen, MN and Delano MN, the daughter of farmers. Sinking my roots in rural St. Joseph at this monastery was just right for me then and still is. If this proposed Collector Road were to be constructed, it would separate the monastery and college from our sacred woodland, wetland and restored prairie. Safe and free access to the woods and the walking trails that I enjoy now would be cut off to myself but even more, to the rest of the hundreds of sisters whose home is here and to the thousands of students and residents of St. Joseph who also enjoy communing with nature in this way. Such a road, were it to be built, would bring traffic very close to the monastery's . Spirituality Center. This is a place where we as a monastic community offer to our neighbors, our families and friends a place of quiet for solitude and reflective prayer. The Spirituality Center is also a place where groups and individuals corne to discover and to practice responding to the God-hunger in their lives and in our world. The increased noise and pollution of a road so close would make it, very difficult if not impossible to continue this major ministry of the monastery. The path of the proposed road is also very close to CSB student housing, the Benedicta Arts Center and CSB sports fields. Having a road so close would endanger the students, the athletes, their families and visitors who attend cultural and athletic events. As one of your constituents, I ask you to consider options in planning for the growth of St. Joseph. Thank you for considering my viewpoints. Sincerely, -rl' ~.~~~ Theresa Sch acher OSB P.S. Please view at the following website some information, photos and sentiments about our monastery and its property: http://www.gratefulness.org/readings/woods.htm RECEIVED . AUG 2 6 Z005 CITY OF ST. JOSEPH ------ ---- . 765 Savanna Ave Unit 209 Saint Cloud, MN 56303-1199 August 25, 2005 Judy Weyrens PO Box 668 St. Joseph, MN 56374 Dear Judy, The news of City Council plans to create a new road through prime agricultural land and through the Benedictine Sisters' college and monastery area really upset me. What would be several alternative corridors? What would be the pros and cons of each proposal and how could the public have assess to these lists? Several other reasons for not going through with the field street corridor proposal would be an increase of noise and air pollution for those living along the road, the cutting off of safe access to woods and walking trails to sisters, students, residents of St. Joseph and visitors and the new heavy truck traffic coming close to the Spirituality Center and college. . I would appreciate your consideration of these cons and making public several alternative proposals before finalizing any plans for a corridor. Sincerely, /\J(Jc44L'~V SisteVJanice Welle, OSF a friend of the land and the Benedictine Sisters RECEIVED . ""',trJ Z 6 2005 CITY OF ST. JOSEPH RECEIVED AUG 2 5 2005 ~/76r; /~~h. CITY OF ST. JOSEPH ~ ~11#6tj11/4. ~d~/ ~O(')5 /J.u-v ~ /f~, ltv ~14t. E~rU-J- ~ A~; ~~!1ut~~~ Vk~. J~'fh cef~~ ~~y~J~ t1l4Ci.-- ~/C;~~ ~~~~ %~7~~~'~ . r;~~. -I~~~~~ .~~d-~~~ ~ . ~~rd% . ~ %-- hd fu::; ~/ -I leu ~ ~ ~T~ ~ ~. #-~~~~cJj ~~aJu~~~~~ (LJ ~yhZ '. .~. 7;t:: de ~ ~ ~ ~ aU:d t:L. . ~~~~ . J ,~a ~~~~ Ms. Catherine Makowsky RECEIVED . 765 Savanna Avenue, #216 hui.J 2 4 2005 St. Cloud, MN 56303 CITY OF ST JO 320-529-4611 . SEPH August 22, 2005 Judy Weyrens, City Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Judy, It was shocking to learn about the Field Street Corridor Proposal. It is terribly sad that such a pristine area be uprooted and paved over. Our beautiful woodlands are fast disappearing here in Minnesota. These few remaining areas are needed. The area that would be used is a part of St. Benedict's quiet and beautiful walking trails and part farm land. You must be aware that when we finally cut down our forests and pave over enough land, we will die. The woods and forests supply our air, they are our lungs, our life support system, Healing the Planet. by Paul R. Ehrlich and Anne H. Ehrlich. . I am an Oblate of St. Benedict's Monastery and I have come to this beautiful area for over a decade, seeking quiet and solitude in the midst of a very busy life. It has been a refuge for thousands of people every year. As you know this proposal discounts alternate road options such as Co. Rd. 121, Co. Rd. 138 and Hwy.23. I have learned that it endangers the safe drinking water for the entire city by possible pollution of the aquifer under the proposed road and of course it will increase the noise and air pollution. This is sacred land, holy ground and it willbe separated from the monastery and college forever. Each year I come to the Spirituality Center for retreats and to get away from the noise and find beauty once again in the land. The Field Street Corridor Proposal jeopardizes the limited wooded acreage of Saint Benedict's Monastery. Please reconsider this proposal. Sincerely, ,;" . . r.., A ,., {~'" 7?ld7 Catherme Makowsky , . 559 2nd St. S.W. RECEIVED . Perham,~ 56573 August 21, 2005 J-Wb 2 3 2005 CITY OF ST. JOSEPH Judy Weyrens, City Administrator PO Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens, The proposed Field Street Corridor affects a number of people who live some distance from St. Joseph, MN. I am one of those people. I live approximately 100 miles away but I am tied to your city because of the Monastery which is located there. I am a member of the lay order of Benedictines - we are Oblates. I was there today and intend to return next Friday. What affects the sisters in the Monastery affects me. You may ask why I am concerned. It is because the land is not just earth/ . ground. There is a holiness or sacredness about the land on a monastery. It has been intact for over 150 year. It needs to be protected. The spirit of wholeness needs to be preserved. You can do that! Please use your influence to safeguard what many of us treasure. Sincerely, /Nt, ~~- Mary Thomas 218-346-2893 . --- RECEIVED St. Benedict's Monastery AUG 2 3 Z005 . 104 Chapel Lane St. Joseph, MN 56374 CITY OF ST. JOSEPH August 22, 2005 Judy Weyrens, Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens, The city of St. Joseph has chosen as its motto, "Tomorrow with Tradition." St. Joseph has a tradition of valuing parks and places of natural beauty. When policeman Brian Klinefelter was shot and killed in 1996, the dedication of a park in Brian's name was chosen as the best way to memorialize his selfless sacrifice for the common good. In addition to Klinefelter Park:, St. Joseph has four other parks, a number which indicates to me that its citizens place high value on land set aside for aesthetic, recreational, and ecological purposes. The city is currently considering a proposal which would cut through such places of natural beauty, including property of St. Benedict's Monastery which includes woods with walking trails, wetlands, restored prairie, a holding pond for small wildlife, farm land and gardens. The sisters have set aside these areas of natural beauty as places to renew and nurture the human spirit. But the sisters and their guests are not the only ones who visit, enjoy, and "profit" from . these places. College students go running on the gravel road and in the woods, the elderly from St. Joseph Apartments and other townspeople frequently walk and bike the road, and another St. Joe resident travels the road in his wheelchair. Even for those who will never set foot on this land, there are and will be long-term benefits such as the preservation of wild life and the balance of nature, including cleaner air due to oxygen- producing woods and trees. The long tradition of setting aside some areas of natural beauty for non-commercial and seemingly non-productive purposes is, in my opinion, too often and too quickly set aside by today's society in favor of "development," which translates not as human or societal development but as financial profit for a few. Too little attention is being given, I believe, to the long-term effects of a "development" which sacrifices the enrichment and nourishment of the human spirit to efficiency and material gain. As a concerned and long-time resident of the city of St. Joseph, I urge you to do everything in your power to adopt an alternate route to the proposed south collector road, which would destroy cherished areas of natural beauty. Let's hold onto our tradition of valuing parks over pavement and leave a legacy of lasting value to those who will come after us. Sincerely, e!~ /r~ Sister Delores Dufner, OSB . RECEIVED . AuG 2 3 2005 CITY OF ST. JOSEPH August 22, 2005 322 15th Avenue North Hopkins, MN 55343 Judy Weyrens, City Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Weyrens, Yesterday I heard of the proposed Field Street Corridor proposal and am distressed. I am a former Sister of St. Benedict and am presently an Oblate who returns to St. Ben's on a regular basis. I am concerned that such a proposal even entered the minds of the St. Joseph City Council Members and Officials. The proposed road will harm the historic value of this area and destroy the peaceful . atmosphere that has been a part of this community for over 150 years. The college campus will also suffer from this disruptive intrusion on its essential Benedictine values (which extend over 1500 years of tradition). Please reconsider the plans and do not destroy one of the greatest treasures of the St. Joseph community. Sincerely, ~k~ Carol Sisterman . ----- ~--- RECeiVED . AUG 2 3 2005 CITY OF ST. JOSEPH 552. E 5th St. Morris, MN. 56267-2109 August 22, 2005 Judy Weyrens, City Administrator P.O. Box 668 St. Joseph, MN 56374 Dear Ms Wyrens, I have just learned, with alarm, of the plan to run a road through St. Benedict's Monastery land, the college campus, farm land and residential property to 20th Avenue. I graduated from CSB 55 years ago and have supported the college fmanciaUy and as an . Oblate all these years. One place I visit from time to time is the Spirituality Center. Having a noisy traffic corridor close to that quiet, comptemplative place would be an assault, an assault on the character of the whole campus, in fact. Is there no other alternative? I fmd it hard to believe that no other route would serve the purpose and would spare the campus and convent the traffic noise and pollution. The impact to 2300+ people is a considerable con argument, it seems to me. Please consider other alternatives. Thank you for your consideration of my opinion. Sincerely -13 l'v~~ 0:1 dP(.':[j-,.:~~ Barbara Coy McGinnis . - -'" tv U-li.",t,' ~, & p.", \' ~ 1./' 1.D. -::: VL/'f'),'\'v" I ... ,"'! t.. v 1 ....... i:o ............ AUG 2 2 2005 f,lV>' ' Wi[{iam J. o/an Cleve l))uf'Z .~ 655 qranavi.d;; jlvenue West CITY OF sr JOSEPH lj . \ ~" . <R.pseville, 9.t~nesota 55113. "D A IJ &-. ' 0 S ~ ~~,j G'y\~ ~d'~ 'F~ ,No/'.~ tJ.r>~c-~-d I _1u~", ~~ ST. :r~r"-. 1 , '-"-o-Lv--J"'~''f I: O""}.. r,: ~ 'F~-,-",,/'- ~ ~"";".J. I \.).J -e..., "'-~- ~ n b LU..)tX'- 51) "'," \"1'" \' .~' ~ """- v '-'~ ~ ' pl. _~, ~\"" b<j 51, 4~~!A~~.s1. Q3~9...Lt:(',A ~ '~"L-~ ~ cr~SL., c-S~,~'-"V~' , ~ ~~~:; ~-';~: ~~ ~.,.-~~ ~~- ~, M.-,~~c~-o-.r-&-~~ ~, ~i ....1./-M...~t:l~ t,,,"~'6.~S~~J'JC~/ro<\~~~~ \. ~~( , . . _ ",~ ~(~I"'9'"~;V;'~C\"~, ,~I-o p,,~,~ A~ . 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JOSEPH . www.cityofstjoseph.com August 30, 2005 Ace's Place Inc Attn: David and Sharon Aistrup VIA CERTIFIED MAIL PO Box 496 Administrator St. Joseph MN 56374 Judy Weyrens Dear David and Sharon: Mayor This letter is to inform you that the La Playette received an alleged liquor violation on Richard Carlbom August 29,2005 for minor consumption. As can be seen on the enclosed RMS Reports (St. Joseph Police Department Reports), an individual was cited for consumption. The Councilors individual admitted to being served in the La Playette. This is your second violation AI Rassier within a 30 day period. The City of St. Joseph is concemed with the multiple violations Ross Rieke and wants to be assured that measures have been taken to correct the serving of minors. Renee Symanietz As you are aware, serving minors is a violation of St. Joseph Code of Ordinances 71.11.1 Dale Wick illL TheCity 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 subject to a fine of $ 400.00. . If you dispute the allegations you have a right to a hearing before the City Council. If you 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. If the violation is founded the deposit will be forfeited and you are subject to a monetary fine and/or suspension of your liquor license. If you do not wish to contest the alleged violation, please remit the $ 400.00 to the City Offices no later than September 8, 2005. If you have any questions or need additional information, please feel free to contact me at 320-363-7201. Sincerely, CITY OF ST. JOSEPH "Gf:f,,01<~ Ju We 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) . 2.1, Coil e g e A v e n u e Nor t h . P OB 0 x 668 . Sa i n t. 10 s e ph, M inn e sot a .,6)74 Phone ,2.0.,6,.72.01 fa x ,2.0.,6,.0'42. LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 2003 . Revocation $100 $300 fine $500 fine $1,OOOfme and 5 day suspension . 2 day suspension 4 day suspension Revocation $250 fme and $500 fine and $750 fine 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 . of the 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 citationslICRs result from a single bar check, this matter shall be treated as a single violation . if there are two or less citationslICRs issued, two violations if 3 to 5 citationslICRs 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 ofthe alleged violation and the request must include a $ 500.00 deposit. In the event the evidentiary hearing finds in favor ofthe liquor license holder, the $ 500.00 deposit will be returned. . RMS Report Case Number: Officer Assigned: Badge Number: How Rec'd: 05801433 JOHNSON 7711 VISUAL Reported By: Supervisor Approval: SJPD , ,,,,'"',!,,'-"'-'" .~. .','. .,~;- . -~. - '..:~.~- 't", -. . -. ',,'" - -.'!' ," .' - ... '..~. ''.{}'~i,,',:Jl.J;ti!d.;.-.W~it4.~il.\,.l1'~_'':;i:\l~J~'~i~::,~1'~'''k&~f " INeI[j)ENmt€8lGSIFIeA1iI0N~k.11')a>jl)\~'vif_w\i,,~!'il\'~l..:iJ",1'~ _ ~ -' . _', .~'_.l. .. -;.. ~ ,_, ,,-t., ;il'......___>,..t~, . .t....,'! ''-';''1',_,.,,- .~j;;'~l:~, I 1. 3. BAR VIOLATION Level of Offense: Level of Offense: Level of Offense: o P. MIsc!. 0 Mlsd. 0 G. Misd. 0 Felony o P. Mlsd. 0 Mlsd. 0 G. Misd. 0 Felony o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: MONDAY Time Arrived: Time Cleared: 0140 OIL #: Street Address: City, State, ZIP: ~ Citation Issued: Citation #: Hgt: Street Address: City, State, ZIP: ... .$mt~1t~;Q ~:~~~~~,;!..:':, Signature (when required): Word Document: . (Camp, Parent, Guardian) DYes DNo . --- -------- ST. JOSEPH POLICE DEPARTMENT 1 Investigation Report Narrative . . .R NUMBER: 05801433 " , , OFFENSE/INCIDENT: BAR VIOL~TION LOCATION OF OCCURRENCE: LA PLAYETTE 16 NORTH COLLEGE AVENUE ST JOSEPH, MN 56374 VICTIM/COMPLAINANT: SJPD ADDRESS: 25 NORTH COLLEGE AVENUE PHONE NUMBER: DATE REPORTED: 08/29/2005 TIME REPORTED: 0145 DATE OCCURRED: 08/29/2005 TIME OCCURRED: 0145 REPORTING OFFICER: M. JOHNSON #7711 ASSISTING OFFICER (S): P. JANSSEN #7706 , . . ON THE ABOVE DATE AND TIME, OFFICER JANSSEN AND I WERE CLEARING THE SIDEWALKS IN THE FRONT OF THE LA PLAYETTE BAR WHEN I WAS APPROACHED BY A MALE AND A CRYING FEMALE. THE MALE TOLD ME THAT HE HAD JUST FOUND HIS FRIENDS CASH CARD ON THE SIDEWALK IN FRONT OF 20 NORTH COLLEGE AVENUE. HE THEN TOLD ME THAT THE FEMALE, ID'D AS REBECCA MARIE LOONEN - DOB 10/19/1984, HAD HER PURSE STOLEN TONIGHT. I SPOKE WITH LOONEN AND . ASKED HER WHERE SHE HAD BEEN TONIGHT. LOON EN TOLD ME THAT SHE WAS AT THE LA PLAYETTE.' BENIG CLOSED, I KNOCKED ON THE WINDOW AND GOT THE ATTENTION OF THE EMPLOYEES INSIDE. ROD, THE BAR MANAGER, OPENED THE DOOR. I ASKED IF THEY HAD FOUND "A PURSE IN THE BAR TONIGHT. ANOTHER MALE, ID'D AS JOHN JOSEPH BOONE - DOB 08/16/1983, SAID , THAT HE IS LOONENS BOYFRIEND AND HE HAD HER PURSE. BOONE HAD BEEN BARTENDING AT THE LA PLA YETTE THIS NIGHT. WE WENT INTO THE BAR AND LOONEN GOT HER PURSE. SHE PULLED OUT THE CARDS FROM HER WALLET AND TOLD ME THAT THERE WERE CARDS MISSING. LOONON TOLD . ME THAT SHEHAD $500 CASH IN HER PURSE AND ITS GONE. SHE WENT ON TO SAY THAT SHE HAD BOUGHT SEVERAL SHOTS AND DRINKS AT THE BAR TONIGHT AND THAT IS WHERE THE CASH WENT, BUT NOT ALL OF IT. DURING THIS TIME, I NOTICED THAT LOON ENS DRIVERS LICENSE IN HER WALLET HAD THE MARKINGS OF A UNDER 21 PERSON. LOONEN THEN GAVE ME HER LICENSE AND WE WENT OUT TO MY SQUAD CAR. I GAVE LOONON A PBT, WHICH SHOWED A .294 AC. AT THIS TIME I DECIDED TO TAKE LOONEN TO DETOX. I ASKED LOONEN HOW SHE GOT INTO THE BAR. SHE TOLD ME THAT SHE HAD A FAKE DRIVERS LICENSE AND THE BOUNCER TOOK IT, BUT STILL LET HER IN. IN ASKING , ROD, HE SAID THAT HE CHECKED WTH ALL OF HIS EMPLOYEES AND NO FAKES WERE TURNED IN TONIGHT. WHILE I WAS IN THE SQUAD WITH LOON EN, JANSSEN WAS TALKING WITH LOONENS . BOYFRIEND, BOONE, OUTSIDE ON THE SIDEWALK. JANSSEN THEN CAME TO MY SQUAD AND TOLD ME OFFICER SIGNATURE: DATE: "- ST. JOSEPH POLICE DEPARTMENT 2 Investigation Report Narrative BOONES NICKNAME WAS "JOE". I. INFORMED .JANSSEN T':fAT LOON EN TOLD ME THAT HE. BOYFRIENDS NAME WAS ADAM. BOONE THEN CAME TO THE CAR AND LOONEN SAID THAT BOONE WAS NOT HE;R BOYFRIEND. SHE FINALLY ADMITTED THAT IT WAS AND SHE "WAS JUST COVERING FOR HIM". I ADVISED BOONE THAT LOONEN WAS GOING TO DETOX. HE ASKED SEVERAL TIMES IF HE COULD TAKE CUSTODY OF HER. I SAID NO, NOT AT THAT ALCOHOL CONTENT. HE ASKED IF I WOULD PBT HER ONE MORE TIME. I DID AND FOUND A READING OF .188 AC. I ASKED LOONEN WHEN SHE HAD HER LAST DRINK. LOON EN TOLD ME RIGHT BEFORE COMING OUT OF THE LA PLAYETTE, SHE TOOK A TRIPLE SHOT OF WHISKEY. I DETERMINED 'AT THIS TIME THAT THE FIRST PBT READING WAS MOSTLY DUE TO MOUTH ALCOHOL. I THEN RELEASED LOONEN TO BOONE FOR THE NIGHT. IN SPEAKING WITH ROD, HE TOLD ME THAT HE HAS KNOW LOON EN FOR A COUPLE OF YEARS AND HE THOUGHT THAT SHE HAD TURNED 21 THISPAST SPRING. ROD ALSO SAID THAT HE COULDN'T BELIEVE IT WHEN HE SAW HER ID SAID UNDER 21. END OF REPORT. . "- ~'''I . DATE: <t....'2.C\-DS OFFICER SIGNATURE: r