The URL can be used to link to this page

Home My WebLink About2006 [02] Feb 02 {Book 36} Administrator I udy Weyrens Mayor Richard Carlbom Councilors AI Rassier Ross Rieke Renee Symanietz Dale 'Wick CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council February 2, 2006 7:00 PM REVISED 1. Call to Order 2. Approve Agenda 3. Consent Agenda a. Bills Payable - Requested Action: Approve check numbers 036782-036851 & 036852-036865. b. Minutes - Requested Action: Approve minutes of December 15,2005 and January 5, and January 19,2006. c. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #1 for the New Municipal Wells and authorize payment to Mark J Traut Wells in the amount of $46,490.62. d. Momingside Acres - Requested Action: Accept the Momingside Acres 2nd Addition Improvements as recommended by the City Engineer. e. Capital Purchase - Requested Action: Authorize the purchase of a Personnel Carrier for the Fire Department at a cost not to exceed $25,000 as recommended by the Fire Board f. Gambling License Renewal- Requested Action: Accept the Lawful Gambling License Renewal for the S1. Joseph Recreational Association for the Millstream Park Concession, 725 County Road 75 W. g. Gambling License - Requested Action: Requested Action: Accept the Lawful Gambling Application for the S1. Joseph Volunteer Firefighters for Trobec's Entertainment Center on April 28, 2006. 4. Public Comments to the Agenda 5. 7:05 PM Monte Eastvold, Equipment Certificate Bond Sale 6. 7:15 PM River Bats EA W, Westwood Professionals 7. City Engineer Reports a. Project Updates b. Signal Project Updates/Schedule Public Improvement Hearing c. Other Matters 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Annexation Update 11. Adjourn 2.) College Avenue North' PO Box bb8 . Saint. joseph, Minnesota )b,74 Phone ,2.0.,b,.72.01 Fax ,2.0.,b,.0,42. CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council February 2, 2006 7:00 PM Administrator Judy Weyrens 1. Call to Order Mayor Richard Carlbom 2. Approve Agenda Councilors . AI Rassier Ross Rieke Renee Symanietz Dale Wick 3. Consent Agenda a. Bills Payable - Requested Action: Approve check numbers 036782-036851 b. Minutes - Requested Action: Approve minutes of December 15, 2005 and January 5, 2006. c. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #1 for the New Municipal Wells and authorize payment to Mark J Traut Wells in the amount of $46,490.62. d. Morningside Acres - Requested Action: Accept the Momingside Acres 2nd Addition Improvements as recommended by the City Engineer. e. Capital Purchase - Requested Action: Authorize the purchase of a Personnel Carrier for the Fire Department at a cost not to exceed $25,000 as recommended by the Fire Board 4. Public Comments to the Agenda 5. 7:05 PM River Bats EA W, Westwood Professionals 6. City Engineer Reports a. Project Updates b. Signal Project Updates/Schedule Public Improvement Hearing c. Other Matters 7. Mayor Reports 8. Council Reports 9. Administrator Reports a. Annexation Update 10. Adjourn 2.1 College Avenue North . DO Box 668 . Saint. 10 s e ph ,M inn e sot a ~ 6 n 4 Phone ,2.0 ,6,.72.01 Fax ,2.0.,6,.0'42. St. Joseph City Council February 2, 2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 'P(I\nl'> ~JJ.~"1 IV) ttI \Jdb{ '-'bM- ~fr, ~J.v,,)J fft:= ~d:/ 13. 14. 15. 16. 17. 18. 19. 20. 21. ADDRESS CITY OF ST JOSEPH Bills Payable . January 30,2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 036782 ACCLAIM BENEFITS administration $3.70 603 43230 137 036782 ACCLAIM BENEFITS administration $3.70 602 49490 137 036782 ACCLAIM BENEFITS administration $14.81 601 49440 137 036782 ACCLAIM BENEFITS administration $11.11 101 45202 137 036782 ACCLAIM BENEFITS administration $22.22 101 41430 137 036782 ACCLAIM BENEFITS administration $11.11 101 41530 137 036782 ACCLAIM BENEFITS administration $33.35 101 42120 137 036788 POSTMASTER. Jan billing $103.63 602 49490 322 036788 POSTMASTER Jan billing $103.63 603 43230 322 036788 POSTMASTER Jan billing $103.64 601 49440 322 035789 POSTMASTER 200 stamps $78.00 101 41430 322 036790 CITY OF ST JOSEPH legal age $21.46 101 42120 210 036791 WILLMAR FIRE DEPARTMENT Training B $100.00 105 42240 443 036792 MINNESOTA PLANNING annexation of $198.60 434 49440 530 036793 ALEX AIR APPARATUS, INC annual air $601.73 105 42220 220 036794 ALL CARE TOWING '89 Olds Regency $58.00 101 42120 220 036794 ALL CARE TOWING Ford F250 Blk $182.76 101 42120 220 036794 ALL CARE TOWING Ford F250 Blk $40.90 101 42120 220 036795 ALLIED WASTE SERVICES Jan usage $55.48 105 42220 384 036795 ALLIED WASTE SERVICES Jan usage $189.78 101 45202 384 036795 ALLIED WASTE SERVICES Jan usage $55.48 602 49490 384 036796 AUTO VALUE PARTS STORES - WEST blower motor $110.25 101 43120 220 036796 AUTO VALUE PARTS STORES - WEST stop & tail kit $11.63 101 43120 220 036796 AUTO VALUE PARTS STORES - WEST stop & tail kit $11.63 101 43120 220 036797 AVENET, LLC 3 email accounts $108.00 101 41430 321 036799 BAKER ELECTRIC maint shop lights $940.41 490 43120 530 036800 CAMERA TRADER photo processing $55.77 101 42120 210 036800 CAMERA TRADER photo processing $14.21 101 42120 210 036801 COLD SPRING ELECTRIC SERVICES install rcft for new $299.90 490 41430 580 036802 CONSTRUCTION SERVICES DIVERSIF 2 manhole covers $230.68 602 49450 220 036803 CRABTREE COMPANIES, INC. laserfiche scan $351.45 101 41430 215 036803 CRABTREE COMPANIES, INC. laserfiche upgrade $1,130.00 101 41430 215 036804 DOOM, THOMAS Background $378.20 101 42120 300 036805 FASTENAL COMPANY shop supplies-hex $326.25 101 45201 210 036806 FEDEX overnight postage $15.21 101 41430 322 036807 FRONTIER PRECISION INC locator, marking $864.72 101 43120 240 036808 GOLD'S GYM J Weyrens $422.08 101 41430 136 036809 HAWKINS WATER TREATMENT GROUP Test Phosphorus, $131.40 602 49480 312 036810 HENRYS WATERWORKS INC 18 remote read $1,511.34 601 49430 210 036811 HONER PUMPING floor drain tank $95.00 101 45201 220 036812 JM GRAYSTONE OIL CO., INC Dee charges $405.53 101 43120 210 036812 JM GRAYSTONE OIL CO., INC ups charge-Dee $12.66 602 49490 322 036812 JM GRAYSTONE OIL CO., INC Dee charges $47.44 105 42220 210 036812 JM GRAYSTONE OIL CO., INC Dee charges $405.53 101 43125 210 036812 JM GRAYSTONE OIL CO., INC Dee charges $405.53 602 49490 210 036812 JM GRAYSTONE OIL CO., INC Dee charges $405.53 601 49430 210 036813 KEEPRS, INC/CY'S UNIFORMS Matt $86.55 101 42120 171 036813 KEEPRS, INC/CY'S UNIFORMS B Meyer-clothing $21.95 101 42120 171 036813 KEEPRS, INC/CY'S UNIFORMS equipment for $36.10 101 42120 171 036813 KEEPRS, INC/CY'S UNIFORMS P $58.95 101 42120 171 036813 KEEPRS, INC/CY'S UNIFORMS Matt $149.51 101 42120 171 036814 KLN DISTRIBUTING, INC new groupwise $96.30 101 42120 215 036814 KLN DISTRIBUTING, INC Admin computer $106.20 101 41430 215 036814 KLN DISTRIBUTING, INC scanner noisy & $115.00 101 41430 215 036815 LAKE REGION FIREFIGHTERS ASSOC 2006 Membership $40.00 105 42240 433 036816 LANDSCAPE RESEARCH LLC Field St History $1,650.00 435 43120 530 036817 LEE'S ACE HARDWARE maint supplies $28.01 101 41942 220 036817 LEE'S ACE HARDWARE maint supplies $1.65 101 43160 230 036817 LEE'S ACE HARDWARE maint supplies $30.48 601 49440 220 036817 LEE'S ACE HARDWARE maint supplies $8.32 101 45201 220 036817 LEE'S ACE HARDWARE maint supplies $4.78 101 45202 220 036817 LEE'S ACE HARDWARE maint supplies $122.06 105 42210 220 CITY OF ST JOSEPH Bills Payable January 30, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 036817 lEE'S ACE HARDWARE maint supplies $26.23 602 49450 220 036817 lEE'S ACE HARDWARE maint supplies $103.81 101 43120 220 036818 lOSO, BOB 7 Planning Comm $245.00 101 41120 103 036819 lOSO,NATHAN 2 council mtg 1 $90.00 101 41950 103 036820 MAIER TYPEWRITER SERVICE printer toner $29.77 101 41430 200 036821 MIDWAY IRON AND METAL grab hooks, 32' $168.95 101 43120 210 036823 MINNESOTA CHIEFS OF POLICE ASN permit to acquire $15.79 101 42120 200 036824 MUNICIPAL DEVELOPMENT CORP eda contract $3,071.15 150 46500 300 036826 OFFICE DEPOT office supplies $41.23 101 41430 200 036826 OFFICE DEPOT office supplies $41.22 101 42120 200 036826 OFFICE DEPOT office supplies $41.22 101 43120 200 036826 OFFICE DEPOT office supplies $41.22 601 49440 200 036826 OFFICE DEPOT office supplies $41.22 602 49490 200 036827 OXYGEN SERVICE CENTER acetylen cyl, wire $126.85 101 45201 210 036828 PITNEY BOWES postage $69.70 101 42120 322 036828 PITNEY BOWES postage $20.50 150 46500 322 036828 PITNEY BOWES postage $319.80 101 41430 322 036829 PRECISE REFRIGERATION INC repair flame $152.00 105 42280 220 036830 QUALITY FLOW SYSTEMS repairs to ABS $2,022.99 602 49473 230 036831 RED'S AUTO ELECTRIC battery for $86.25 101 43125 210 036832 RUDOLPH'S INC chain sprockets, $300.33 101 43125 220 036833 S & T OFFICE PRODUCTS binders for maps $126.52 601 49440 200 036833 S & T OFFICE PRODUCTS binders for maps $126.52 602 49490 200 036834 SCHIFFLER INSURANCE '84 Pickup Plate $14.50 101 42120 446 036834 SCHIFFLER INSURANCE '05 Ford plate $7.25 101 43120 446 036834 SCHIFFLER INSURANCE '05 Ford plate $7.25 602 49490 446 036834 SCHIFFLER INSURANCE '05 Chev plate $4.84 101 43120 446 036834 SCHIFFLER INSURANCE '05 Chev plate $4.83 101 43120 446 . 036834 SCHIFFLER INSURANCE '05 Chev plate $4.83 601 49440 446 036834 SCHIFFLER INSURANCE '05 Freightliner $7.25 602 49490 446 036834 SCHIFFLER INSURANCE '04 DOOl CUT7423 $4.75 602 49490 446 036834 SCHIFFLER INSURANCE '95 Ford plate $3.62 101 45202 446 036834 SCHIFFLER INSURANCE '05 Freightliner $7.25 101 45202 446 036834 SCHIFFLER INSURANCE '04 DOOl CUT7423 $4.75 101 43120 446 036834 SCHIFFLER INSURANCE '89 Ford plate $14.50 101 43120 446 036834 SCHIFFLER INSURANCE '95 Ford plate $3.63 601 49440 446 036834 SCHIFFLER INSURANCE '95 Ford plate $3.62 101 43120 446 036834 SCHIFFLER INSURANCE '88 Ford plate $14.50 101 43120 446 036834 SCHIFFLER INSURANCE '89 Ford plate $14.50 101 43120 446 036834 SCHIFFLER INSURANCE '88 Sand plate $7.25 101 43120 446 036834 SCHIFFLER INSURANCE '88 Sand plate $7.25 101 45202 446 036834 SCHIFFLER INSURANCE '94 Chev plate $4.84 601 49440 446 036834 'SCHIFFLER INSURANCE '94 Chev plate $4.83 101 45202 446 035834 SCHIFFLER INSURANCE '94 Chev plate $4.83 101 43120 446 036834 SCHIFFLER INSURANCE '81 Chev plate $14.50 101 43120 446 036834 SCHIFFLER INSURANCE '95 Ford plate $3.63 602 49490 446 036835 SEH Transportation $489.00 101 43131 303 036835 SEH Field Street $181.50 435 43120 530 036835 SEH 2006 Trunk Water $4,796.52 434 49440 530 036835 SEH CR 121 $346.29 425 43122 530 036835 SEH 20th Ave Row & $2,078.69 101 43131 303 036835 SEH 2005 Sewer Rehab $915.75 101 43131 303 036835 SEH Acron Phase I $1,357.00 101 43131 303 036835 SEH 2006 Street $15,275.32 101 43131 303 036835 SEH New Municipal $7,350.00 434 49440 530 036835 SEH Graceview 3 $1,144.25 101 43131 303 036835 SEH Pond View 9 $1,562.08 101 43131 303 036835 SEH Northland Heights $2,616.51 101 43131 303 036835 SEH Morningside Acres $281.60 101 43131 303 036835 SEH Hillstreet & 3rd $5,651.00 433 43120 530 036835 SEH Cloverdale $4,346.75 431 43120 530 036835 SEH Callaway Street $442.20 425 43122 530 CITY OF ST JOSEPH Bills Payable January 30, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 036835 SEH Northland 8 $844.43 430 43120 530 036835 SEH Graceview 2 $370.20 101 43131 303 036835 SEH Northland 7 $494.10 428 43123 530 036835 SEH North Corridor $399.50 435 49450 530 036835 SEH . Liberty Pointe $185.10 428 43124 530 036835 SEH Foxmore Hollow $610.30 101 43131 303 036836 SPRINT service-Dee 15 - $153.54 101 42151 321 036837 ST. CLOUD TECHNICAL COLLEGE M Johnson truck $75.00 101 43120 331 036838 ST. JOSEPH NEWS LEADER Rivers Bend Legal $156.00 101 41530 340 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $45.50 602 49480 381 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $355.45 101 45201 381 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $65.57 602 49472 381 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $20.16 101 43160 386 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $33.00 101 43160 386 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $121.81 602 49471 381 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $59.58 602 49473 381 036839 STEARNS COOPERATIVE ELEC. ASSN Dee usage $537.75 101 43160 386 036840 STRATEGIC EQUIPMENT can liners, cups $48.29 602 49490 200 036840 STRATEGIC EQUIPMENT can liners, cups $48.30 105 42281 210 036842 SUNSET MFG CO., INC. plates for hall $50.00 101 41942 220 036843 TRAUT WELLS Water $35.00 601 49420 312 036843 TRAUT WELLS Water $35.00 601 49420 312 036844 TRI-COUNTY PARTS SUPPLY battery charger $68.15 602 49480 240 036844 TRI-COUNTY PARTS SUPPLY battery charger $68.16 101 43120 240 036844 TRI-COUNTY PARTS SUPPLY battery charger $68.16 101 45202 240 036846 US CABLE internet access - $56.55 101 41430 321 036846 US CABLE internet access - $46.55 105 42250 321 036847 WERNER ELECTRIC SUPPLY maint shop exterior $66.61 101 45201 220 036847 WERNER ELECTRIC SUPPLY switches, $102.89 601 49420 220 036848 WSB & ASSOCIATES, INC Field Street $9,005.47 435 43120 530 036849 XCEL ENERGY Jan usage $586.34 101 45201 383 036849 XCEL ENERGY Jan usage $284.34 101 43160 386 036849 XCELENERGY Jan usage $460.32 105 42280 381 036849 XCEL ENERGY Jan usage $1,187.58 105 42280 383 036849 XCEL ENERGY Jan usage $224.80 101 45202 381 036849 XCEL ENERGY Jan usage $17.97 101 45201 381 036850 ZEP MANUFACTURING polishing $229.51 101 45201 210 036850 ZEP MANUFACTURING paper products, $145.45 101 43120 210 036850 ZEP MANUFACTURING paper products, $145.44 101 41410 210 036850 ZEP MANUFACTURING paper products, $145.44 101 45201 210 036850 ZEP MANUFACTURING paper products, $145.44 101 45202 210 036851 ZIEGLER INC cutting edges $725.39 101 43125 210 $88,075.17 CITY OF 51 JOSEPH Bills Payable February 1, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 036852 A-1 TOILET RENTAL Kleinfelter $74.55 205 45203 531 036852 A-1 TOILET RENTAL Northland $74.55 205 45203 531 036856 FARM PLAN filter $7.44 .101 43120 220 036857 GENE LANGE EXCAVATING salt shed rental $600.00 101 43125 410 036860 MN SECTION CSWEA WW Operational $55.00 602 49490 331 036862 PITNEY BOWES INC rental Mar 16 thru $182.11 101 41430 410 036864 TRAUT WELLS Water $35.00 601 49420 312 036865 VERIZON WIRELESS cell phone--Feb $45.62 105 42250 321 $1,074.27 Draft December 15, 2005 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St.Joseph met in regular session on Thursday, December 15,2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineers Tracy Ekola, Joe Bettendorf, Police Chief Pete Jansky, Building Official Ron Wasmund Others Present: Mary Ayote, Cress Gackle, Ed Kacures, Mike McDonald Approve Aqenda: Symanietz made a motion to approve the agenda with the following change: Add 10d Project Updates The motion was seconded by Wick and passed unanimously. Consent Aqenda: Wick made a motion to approve the consent agenda as follows: a. Minutes - Approve minutes of November 17,2005. b. Bills Payable - Approve check numbers 036558-036626. c. labor Agreement - Authorize the Mayor and Administrator to execute the labor Agreement between the City of St. Joseph and lElS #224 for contract year 2006. d. Equipment Purchase - Authorize the expenditure of $814.73 to purchase a metal locator from Frontier Precision, Inc. e. Application for Payment - Authorize the Mayor to execute Application for Payment #3 for the 2005 Northland Heights Project and authorize payment to Erin Contracting for $326,388.46. f. Liquor License - Authorize the Mayor and Administrator to execute an Intoxicating Liquor License for the College of St. Benedict. g. Fire Report - Accept the six-month fire report for the period June 2005-November 2005 as presented. h. Stormwater Utility - Accept the Stormwater Utility Credit Policy and Application as presented. The motion was seconded by Symanietz and passed unanimously. PUBLIC COMMENTS Ed Kacures, 107 5th Avenue SltV, approached the Council concerning the proposed 2006 Budget. Kacures stated he read in the St. Joseph Newsleader that the budget was increasing $170,000, for which it is his understanding is to support the Police Department operations. He stated that in his opinion the taxpayers cannot afford to support the increasing costs and residents may begin losing their homes. Mary Kay Moening, 313 1dh Avenue SE approached the Council in opposition to the automated garbage service. Moening stated that she lives on a fixed income and cannot afford to pay $13 a month for garbage service and urged the Council to reinstate the bag system. Moening stated that the bag system worked well for her as she is a single person with little garbage. She questioned why neighbors could not share a garbage can and why they are required to have this garbage service. Carlbom advised her that each resident is required to have city refuse service according to City Ordinance. The reason that the bag system had been discontinued is because the refuse haulers are going with an automated service, requiring a specific type of container. Moening concluded by questioning why seniors are the only ones who receive a discount. Draft December 15, 2005 Page 2 of 5 Water Filtration Bond Sale. Series B: Monte Eastvold presented the Council with the results of the Water Filtration Series B bond sale. Eastvold presented the Council with the following bid summary: Cronin & Co Inc. Northland Securities 3.8907% 4.0627% Similar to the previous Bond Sale, the current issues is also rated Baa1. Eastvold stated that as the City continues to grow reducing the debt per capita, the City will move into the A series. Since the bond issue was insured, the rates reflect a Aaa bond rating. The revenue to pay for this bond issue will come from WAC charges as well as some trunk funds and water rates. Symanietz made a motion to approve Resolution 2005-31 issuing the $3,575,000 bond for the Water Filtration Plant. The motion was seconded by Wick. The motion passed unanimously with Rieke being absent. BUILDING OFFICIAL REPORT Ron Wasmund, St. Joseph Building Official gave a brief description of the permit activity for both 2004 and 2005. Wasmund stated that 2005 was a good year for growth for the City. During the permit period January 1 - November 30, 2005, there were a total of 806 permits issued. This number includes building, plumbing and mechanical permits. Of the 382 building permits that were issued, 158 of those were for new homes. From 2004-2005, the total number of building permits has increased by 337 permits and the number of new home permits has increased by 80 permits. When discussing the revenue generated by the building permits, he explained that it is used to offset administration costs as well as the fees paid to Inspectron. Wasmund concluded by stating that he gives a lot of credit to Lee Gladitsch as he is the Building Inspector for the City and he has done the majority of the inspections and plan reviews. CITY ENGINEER REPORTS 2006 Street Improvement Proiect: Ekola advised the Council that she would like to hold meetings similar to those done with the residents of the Hill Street Project in which residents can come to look at the design, ask questions and give feedback. She would like to schedule the dates for the open houses for the first week in January. There are 130 properties affected by the Improvements. Ekola also stated that they would follow up with a newsletter similar to what was done in the past. Residents will be asked to contact the City Offices to schedule an appointment. The open house schedule is as followed: Wednesday, January 4, 2006 4-8 PM Thursday, January 5, 2006 2-6 PM MAYOR REPORTS APO Meetinq: Carlbom stated that he attended the APO Meeting at which they discussed the 2030 Transportation Plan of which the southwest beltway is included. School Update: Carlbom stated that he has recently spoken to District 742 School Superintendent Bruce Watkins regarding the location of the new school in St. Joseph. He reiterated to Watkins that the City is interested in keeping track of the purchase of the land and has a desire to work with the District. He also stated that the School District is looking at how to make this a collaborative effort with the School District, the City, YMCA and the Boys and Girls Club. Extension of the Business District: Carlbom reported that he would like to discuss the extension of the business district to include JR's garage, located at the corner of Minnesota Street and 2nd Avenue SW, at a future City Council Meeting. Rassier advised Carlbom to bring this item up for discussion with the Downtown Committee. Draft December 15, 2005 Page 3 of 5 COUNCIL REPORTS SYMANIETZ LMC Conference: Symanietz reported that she attended the LMC Conference in Rochester. Citv/Townshi~ Meetinq: Symanietz reported that she attended a Joint City/Township Meeting on December 5t to discuss the Water Filtration Plant. CAC Meetino: A meeting was held on December 13, 2005 for the Corridor Advisory Committee to discuss CSAH 2 and the North Corridor. Monastery Tour: Symanietz stated that she was invited on a tour of the St. Benedict Monastery on December 15. WICK Lifecvcle Housino: Wick reported that the Lifecycle Housing program is looking at funding sources to offer to help residents buy existing homes or improvements to their homes. Weyrens stated that the Maxwell Housing Study is also available. RASSI ER - No Report RIEKE - No Report ADMINISTRATOR REPORTS Charter Transfer: Weyrens presented the Council with the resolution to approve the cable franchise transfer from Astound (Seren) to Charter Communications. The area Cities have been working with Charter Communication to negotiate the terms of the franchise. Charter has agreed to maintain a local office, honor existing contracts as well as extend cable services to all municipal locations at no charge provided they are located within 150 feet of their existing plant. This would allow both the Maintenance Facility as well as the Water Filtration Plant to receive services in the future. Weyrens reported that the City Attorney who is recommending approval has prepared the resolution and transfer agreement. Tucker Carlson approached the Council on behalf of Charter. He stated that they are committed to growing with the community. He stated that they would be moving their facilities from St. Cloud to the Waite Park location. Carlbom questioned whether email addresses with Astound would change. Carlson stated that they are working at acquiring a new domain, which would allow customers to keep the same emaH name only changing the domain. Symanietz made a motion to adopt Resolution 2005-33 concerning the transfer of the cable television franchise for the purpose of granting the consent of the City Council to the assignment and transfer of control of the cable television system from Seren Innovations, Inc. to CC VIII Operating Inc. and authorize the Mayor and Administrator to execute the transfer agreement by and between the City of St. Joseph and Seren Innovations. The motion was seconded by Wick and passed unanimously. Water/Sewer Rates: Weyrens stated that the Council has been reviewing the water and sewer rates over the past months. The increasing operating costs and the capital expansion have created the need to increase water rates. Currently the City charges a minimum charge based on 700 cubic feet. The minimum charge represents the portion of capital that all end users must share. Water usage above the minimum covers the additional operating costs. In reviewing the rates, the minimum charge will be converted to a water line and sewer line fee that will be charged per unit, per billing period eliminating a minimum charge. Eliminating the minimum charge will encourage water conservation and only charge Draft December 15, 2005 Page 4 of 5 residents for the water actually consumed. In addition to charging the water/sewer line fee, the water and sewer rates will be increased to $ 1.60 per 100 cubic feet (sewer is based on the water usage). Weyrens presented the following utility fees for 2006: NEW - Water Line Fee $8.00 / billing period NEW - Sewer Line Fee $6.00/ billing period Water $ 1.50 / 100 cubic foot Sewer $ 1.50/100 cubic foot NEW - Stormwater Fee Residential $2.25/month Commercial amount based on acreage Based on the fee schedule, a minimum water user will see a small decrease in the bi-monthly billing and an apartment user would see an increase as each unit will be charged a water / sewer line fee. Weyrens explained the reason for the change is that due to the change in accounting rules and practices, cities need to cover depreciation expenses. Rassier made a motion to accept the water/sewer rates as presented effective January 1, 2006. The motion was seconded by Wick and passed unanimously. WAC/SAC Fees: Weyrens stated that in addition to increasing the water and sewer rates, the water and sewer access fees have been reviewed. The City is in the process of constructing a new water filtration plant to accommodate the additional growth and to add processes and space that the City does not currently have. Therefore, the payment of the facility is a combination of user fees and development access charges. Since the size of the plant was based on projected growth, review of fees used the same basis. Therefore, Weyrens presented the Council with the following rate schedule for water/sewer access fess: WATER ACCESS FEE 2006 $3,500 (effective February 1) 2007 $3,700 2008 $3,900 2009 $4,100 SEWER ACCESS FEE 2006 $ 2,000 2007 2,000 Weyrens stated that the fees will be reviewed annually and the projected increase may change based on the actual growth or demand. Wick made a motion to adopt the 2006 WAC/SAC fees as presented. The motion was seconded by Symanietz and passed unanimously. 2006 Budqet Adoption: Weyrens stated that the Truth and Taxation hearing was held on November 29, 2005. At that meeting residents approached the Council and requested the budget be reviewed. Since then, the budget has been revised with the following changes: . New Staff - decrease by % time as these positions will both be filled later in the year . Bond Adjustment - The bonds of 1998 and 2003 have been reduced. Weyrens stated that the adjustments since the TNT hearing have reduced the levy by 3.962%. Weyrens then presented a chart showing the tax rates over the past five years. Although the proposed 2006 tax rate is 3% more than 2005, it is similar to that of 2003. Draft December 1S, 200S Page S of S One item that has not been approved is the Gang Task Force. This is an $8,000 item that could be deleted from the budget if not approved. The grant was not approved for this, which means that cities must budget for this item. Budgeting for the Gang Task Force would mean a .03% increase in tax levy or $2.28/year for a $7S,000 home. Police Chief Jansky was present at the meeting and he stated that he recommends that the City budgets for this item, as other area cities are going to budget for the same. Weyrens stated that if this item is not added at this time, there might be money later on in the year that could be used to fund it. The following is a summary of the final levy: General Fund Levy 1998 Improvements 1999 Improvements 2002 Improvements 2003 Improvements 2004 Improvements 200S Improvements General Fund Budget 736,099 2,SOO 29,863 116,000 128,934 93,000 169,000 1,994,099 Wick made a motion accepting the Resolution adopting the 2006 Budget with the changes stated above. The motion was seconded by Symanietz and passed unanimously. School District: Weyrens reported that she spoke with Kevin from the School District and they are committed to the ARCON site. ARCON will be coming before the Planning Commission in January with a new Preliminary Plat, which shows the proposed school site. Rassier stated that there is some concern as to whether they plan to construct a K-8 facility or a K-6 facility. Carlbom reported that he spoke with the Superintendent of the school district and the facility plan calls for a K-8 facility. The concern is whether or not residents want to give up some programs such as sports, etc in order to keep this a K-8 facility. Adiourn: Wick made a motion to adjourn; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator Draft January 5, 2006 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, January 5, 2006 at 7:00 PM in the St. JosephCity Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: Police Chief Pete Jansky, Fire Chief Randy Torborg, City Attorney Tom Jovanovich Others Present: Ed Kacures, Dave Aistrup, Deb Peterson, Dave Trobec, Jim Habiger, Roy Lommel Mayor Carlbom asked everyone to take a moment of silence in memory of former Waite Park City Council member Dan Butkowski. Approve Aaenda: Symanietz made a motion to approve the agenda with the following changes: Add 9b Add 9c Transfers February Workshop The motion was seconded by Rassier and passed unanimously. Consent Aaenda: Wick made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 036627-036693 b. Application for Payment - Authorize the Mayor to execute Pay Application #6 for the 2005 Cloverdale Area Improvements and authorize payment to Larson Excavating in the amount of $4,383.61. c. Change Order - Accept change order #1 for the 2005 Northland Heights Project. d. Application for Payment - Authorize the Mayor to execute Pay Application #6 for the 2004 Northland Plat 8 Project and authorize payment to Molitor Excavating in the amount of $4,651.19 e. MDG Contract - Approve the renewal of the contract with MDG or Economic Development Services. f. EDA Annual Report - Accept the 2005 EDA Annual Report. g. 2005 Audit - Authorize the Administrator to execute the engagement agreement for the 2005 Audit. The motion was seconded by Symanietz and passed unanimously. PUBLIC COMMENTS TO THE AGENDA Ed Kacures, 107 5th Avenue NW, appeared before the Council again to state his concerns with the 2006 Budget. He provided the Council with some handouts as well as some additional information to Weyrens. Based on the 2006 Budget, Kacures stated that the residents cannot handle the costs of the City. Residents will need to look at other alternatives, as they are unable to afford to stay in their homes. With reference to the Police Department, Kacures stated that he met with the Stearns County Sheriff and they could provide Police services to the City for half of the proposed Police Department Budget. Other area cities have contracts with the Sheriff Department for police services and Kacures is urging the City to request a proposal from the County for those services for a comparison. Rassier stated that this was previously looked into and, at that time, they were charging more than the City's police budget. liquor License. Trobec's Event Center: Previously the Council approved a temporary liquor license for Dave Trobec to operate Trobec's Event Center. That license has expired and they are now requesting a liquor license through the licensing period ending June 30, 2006. Trobec is also requesting that the Council use the Matrix system for them similar to that of the other bar owners in the City of St. Joseph. Draft January 5, 2006 Page 2 of 5 Rassier questioned Trobec on the future use of this facility, as this was, at one point, going to be an ice arena/sports complex. Trobec stated that he plans to purchase the property and have it remain a bar/event center. Fire Suppression is a big issue and Weyrens stated that the Fire Department cannot continue to have Firefighters there at every event. Carlbom stated that the Memorandum of Understanding that was presented stated that he would have firefighters on-site for a fire watch in the event that he will have more than 300 people. Torborg shared his concern in reference to the insurance for the City. Trobec assured the Council that he will put in the sprinkler system, however he questioned whether other businesses would need to comply with the building codes as well. Wick stated that unless there is a change of use or a change in ownership, there is no need to comply with the current codes. Trobec stated that he is requesting that his liquor license be reinstated and he wants to be on the matrix system similar to every other bar owner in town. He further stated that the facility was not vacant for more than six months and that there has not been a change of use. Jovanovich stated that if he will be using the facility on a long-term basis, he sees no problem with the City using the Matrix system to which Rassier concurred. Chief Jansky asked that Trobec advise him of any large events so that he can schedule his officers accordingly. Rassier made a motion to approve the Liquor License for Trobec's Event Center, 213 - 20th Avenue SE, for the license period ending June 30, 2006. This motion further allows the liquor license to be governed by the Matrix as established by the Council. The liquor license will become effective upon submission of a signed contract for the fire suppression and payment aof all fees. The motion was seconded by Wick and passed unanimously. Liquor License Violation. La Plavette: Weyrens presented the Council with the police reports indicating that a liquor license violation occurred on December 28, 2005. The police report indicates that persons were in the establishment after hours and alcohol was present. Those in the establishment included employees and non-employees. Previously, the La Playette has had two other violations. Weyrens stated that the violation, which occurred on December 28, 2005, was the third violation in five months. There are two issues to be dealt with: · How does this violation apply to the matrix system? . How many violations occurred on December 28, 2005? Rassier made a motion acknowledging that one liquor violation occurred on December 28, 2005 at the La Playette. The motion was seconded by Symanietz. Discussion: City Attorney Tom Jovanovich explained how all three violations fit into the matrix. 8-06-05 No prior aggravating factors 1 aggravating factor as a result of the citations 8-28-05 1 prior aggravating factor .5 aggravating factor as a result of the citation 12-28-05 1.5 prior aggravating factors 1.5 aggravating factors as a result of the citation According to Wick, there are two violations rather than one: . 1 - non-employees in the establishment after hours · 1 - alcohol consumption after hours Ayes: Nays: Carlbom, Rassier, Symanietz Wick, Rieke Motion Carried 3:2:0 Carlbom stated that the Council must discuss the disposition of the violation. Deb Peterson approached the Council on behalf of the La Playette. Peterson stated that she is currently performing the General Manager duties at the La Playette. Peterson stated that they have been having employee issues over the past months and have changed policies to prevent a similar violation in the future. They are in the process of hiring an additional manager so that a manager is always present at closing time. Draft January 5, 2006 Page 3 of 5 Peterson stated that in response to the incident on December 28, 2005, all the employees involved have been terminated. Jansky stated that there have been a series of violations at this establishment and that the pattern must stop. Carlbom stated that the violation that they are being cited for is After Hours Display. Wick made a motion to follow the Alcohol Matrix for the purpose of determining the fine and based on the information presented, the La Playette currently has one aggravating faction. Therefore, based on the Matrix the fine will consist of a $ 500 fine and a two day suspension to begin immediately. Rassier seconded the motion. Discussion: Carlbom advised Peterson and Aistrup that the suspension would take effect at 12:01 on January 6, 2006. Peterson then stated that due to undue hardship, as most of their sales are on Friday and Saturday evenings, she would like the Council to reconsider the date as to when the suspension will take effect. Car/bom advised Peterson that the suspension must take place immediately following the Council meeting unless they have some previous events booked. Rieke added that the Council is being lenient with the suspension due to the fact that they are basing the penalty on only one violation rather than two. According to Peterson, they have a birthday party booked on Friday and an event for Saturday that is still tentative. Weyrens stated that she had requested Peterson to provide receipts for any bookings for the first two weeks in January and the City Offices received nothing. According to Wick, the suspension can only be changed in the event that they have a catered event scheduled, rather than simply a group coming to consume alcohol in the establishment. Ayes: Carlbom, Rassier, Wick, Symanietz Nays: Rieke Motion Carried 4:1:0 MAYOR REPORTS School Issue: Carlbom stated that he spoke with the Superintendent from the St. Cloud School District and they are looking for a date on which they can hold a bond referendum for a new school in St. Joseph. The proposed date of the referendum is March 14. He mentioned that they will be speaking again as there are more issues to discuss. Downtown Committee: According to Carlbom, the Downtown Committee is in the process of gathering information from other communities. He stated that he would be traveling to Northfield with a few members of the Committee to tour their downtown. Carlbom stated that the College of St. Benedict is also wishing to contribute to the downtown. B1 Business District: Carib om reported that he would like to discuss the extension of the business district west on Minnesota Street past 200 Avenue. The reason for this is that JR's Mobil is on the corner and currently they do not receive any snow removal service from the City, rather the City plows the two residences before the corner and then they stop. Carlbom stated that he feels that this would be an appropriate expansion. Rassier advised Carlbom that if the Downtown Committee would like to see the expansion of the B1 District, they should bring a recommendation to the Council. COUNCIL REPORTS SYMANIETZ - No Report WICK Reoional Public Library Board: Wick reported that there will be a public viewing of the design for the new Great River Regional library. Lifecycle Housino Sub-Committee: Wick stated that they have been discussing the ability to buy existing homes under the same criteria as new homes. Draft January 5, 2006 Page 4 of 5 Park Board: According to Wick, the Park Board will be re-applying to the DNR for funding assistance for a bathroom facility in Northland Park. SEH will be helping them with the necessary paperwork and the deadline for submission is March 31,2006. RASSIER Street Improvement Meetinq: Rassier stated that he attended the Open House meetings that were scheduled for the 2006 Street Improvements and he thought they went well. According to Rassier, this is a good opportunity for residents to meet with the engineer and get some good information on how their property will be affected. These meetings were not as successful as previous meetings for previous projects. Rassier urged residents who were unable to attend the meetings to call the City Offices to possibly schedule a time with the engineer as there is still time before the project is bid. RIEKE - No Report ADMINISTRATOR REPORTS u Equipment Certificate: Weyrens presented the Council with information relating to the issuance of equipment certificates. During the budget process the Council agreed to purchase large equipment through equipment certificates. Weyrens stated that the City is in need of a technology update, which would include the following: . New server to link Administration, Police, Maintenance. The current server was installed in 1999 and is a novell server. The new system would consist of a Microsoft server and would have the ability to serve all departments. . Scanner - There is a need for an 11 x17 color scanner for scanning large color maps. . Printer - The current printer does not print pages larger than 8 1/2 x14 and a plotter printer could be used to print maps directly from the GIS software. The total cost for the technology updates is $42,912. Weyrens also stated that since all the records in the upper level of the City Offices have been scanned, the file cabinets can be removed, creating additional workspace. Wick made a motion to approve the technology portion of the equipment certificate in the amount of $ 42,912 as requested. The motion was seconded by Carlbom. The motion passed unanimously. Transfers: Weyrens presented the Council with a funds transfer request. Throughout the year funds are coded to the wrong funds and must be transferred to the correct funds. Any funds transferred must be approved by the City Council. Therefore, Weyrens requested the following transfers: . Bond Proceeds - There were some bond proceeds that were entered into the wrong fund. Transfer Amount - $ 2,787.49 From: 331 To: 336 . WSB Services - This was a coding error. Transfer Amount - $ 11,956.90 From: 101 To: 435 · Park Development Fund - Create Fund Transfer Amount - $ 145,411.12 From: 101/490 To: 205 · Park Development - Coding Error Transfer Amount - $ 10,671.00 From: 101 To: 205 · Operating Expenses - Transfer budget Transfer Amount - $ 44,000.00 From: 101 To: 150 · Finalize Capital Improvement Fund. Transfer Amount - $ 123,500.00 From: 101 To: 490 · Correct posting error Transfer Amount - $ 120.00 From: 101 To: 435 Draft January 5, 2006 Page 5 of 5 Wick made a motion to authorize the transfer of the funds as presented. The motion was seconded by Symanietz and passed unanimously. February Workshoo: Weyrens mentioned that she would like to schedule another planning session with staff and City Council. The Council agreed to meet with the staff on Wednesday, February 8, 2006 beginning at 8:30 a.m. The workshop will be held on the second level of the First State Bank. Fire Hall: Rassier questioned if the increased damage deposit has decreased damage to the Fire Hall. Weyrens reported that since the fee has been increased less time has been spent cleaning the facility and damage deposits are not being withheld. Weyrens also reported that the carpeting will be replaced in the community room in January or February. Adiourn: Wick made a motion to adjourn; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator Draft January 19, 2006 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of 8t. Joseph met in regular session on Thursday, January 19, 2006 at 7:00 PM in the 8t. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee 8ymanietz, City Administrator Judy Weyrens City Representatives Present: City Engineers Joe Bettendorf and Tracy Ekola, Police Chief Pete Jansky Others Present: Ryan Gideon, Ed Kacures, Jeff Litfin, Paul Otto Approve Aqenda: Wick made a motion to approve the agenda with the following changes: Delete 8a Mayor Appointments Delete 3a Minutes of December 15, 2005 Add 10c Park Resolution Add Police Chief Report before Mayor Reports Add 10d Trobec's Event Center The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the Consent Agenda as follows; seconded by Wick and passed unanimously. a. Minutes - Deleted b. Bills Payable - Approve check numbers 36694-36781 c. Ordinance Adoption - Authorize the Mayor and Administrator to execute the Ordinance adopting the In Lieu of Assessment Ordinance. d. Gambling License Renewal - Accept the Lawful Gambling License Renewal for the St. Joseph Lions for the EI Paso Sports Bar, 200 2nd Avenue NW. . e. Replace 2003 Patrol Car - Approve the lease of a new patrol car as the 2003 lease is coming to an end. Public Comments: Ed Kacures, Park Terrace, approached the Council in reference to his previous concerns regarding the 2006 Police Budget. He re-stated that he has contacted Sheriff Sanner and that he was told that he could not give any solid answers as he has not seen the full 2006 Police Budget for the City of St. Joseph. Carlbom expressed his opinion that he is satisfied with the Police Department and he stated that he would not recommend Councilor staff to take any further action. According to Carlbom, in a recent discussion between himself and Sheriff Sanner, Sanner stated that he believes that the City has a good Police Department. Based on a $600,000 Police Budget, Kacures questioned how many taxpayers there are in the City. Weyrens advised Kacures that there are 1,600 parcels and 1,400 homes in the City. According to Carlbom, St. Joseph is growing and the City needs its own Police Department. The big question that Kacures raised is how will the taxpayers continue to pay for this type of budget? Carlbom and Rassier both concluded by stating that there is no need for a Sheriff to come out to give a presentation, as that would not be money well spent for the City. ARCON - Rivers Bend: Previously, the City has received several documents regarding the proposed ARCON Development and the plat entitled Rivers Bend. In 2005 The City Council and Planning Commission approved the first phase of River's Bend. Since that time, Arcon Development has entered into an agreement with District 742 to sell approximately 71 acres for a school facility. Rivers Bend was approved as a PUD and as such the plan must be amended. Therefore, the Planning Commission conducted a public hearing to amend the PUD, consider the preliminary plat and variance on the maximum block length. The Planning Commission unanimously recommended the Council approve the revised PUD and Preliminary Plat. Ryan Gideon, Westwood Professionals, was present at the meeting on behalf of the developer to answer any questions that the Council may have. Carlbom questioned Gideon as to whether or not anything else Draft January 19, 2006 Page 2 of? had changed, to which Gideon replied had not. Carlbom stated that the reason for the change of the plat is to accommodate a school in St. Joseph. Rieke made a motion to rescind the Preliminary Plat entitled Rivers Bend, approved by the City Council on August 42005. The motion was seconded by Symanietz and passed unanimously. The planning process for Rivers Bend included the submittal and approval of an environmental document entitled AUAR, which serves as a Comprehensive Plan for the development and addresses key issues. The City has requested that the developer review the transportation segment of the AUAR. Weyrens stated that that had been completed. Ekola stated that the developer has submitted the information and based on what was submitted, a traffic signal may be required at the intersection of CR121 and Jade Road. She stated that a signal warrant analysis will need to be completed, possibly when the school is built, as there is not enough information at this time. Rassier questioned whether or not this issue could be addressed in the Developer Agreement to state that the School and the Developer would be responsible for the cost sharing. Wick then questioned who would actually pay for the costs of the signal. In response, Ekola stated that the school would be causing the traffic problems at the AM and PM peak times. Weyrens advised the Council that based on the Purchase Agreement; the school is responsible for any signal costs. City Attorney, Sue Dege, advised Weyrens that this issue would not need to be addressed in the Developer Agreement as it is already addressed in the Purchase Agreement. Rassier made a motion to amend the AUAR to accept the traffic analysis and the impacts on the Rivers Bend development. The motion was seconded by Rieke and passed unanimously. Wick made a motion to amend the PUD Application entitled Rivers Bend as submitted and approve the variance allowing for a extended block length. The motion was seconded by Symanietz. Discussion: There were some previous discussions regarding a pathway through the field to access the school. Wick questioned whether or not that issue had been resolved. Rieke stated that kids will be kids and they will go the shortest distance. Carlbom stated that the School District does not plan to have a path through the field to access the school; rather there will be a fence around the school. According to the School District it would be more beneficial to have children walk along the public sidewalks rather than through a field. Wick then questioned whether or not the trails would change to which Ekola advised him would not. Weyrens assured the Council that all engineering and legal issues have been resolved. The motion passed unanimously. Symanietz made a motion to approve the preliminary plat entitled Rivers Bend as presented; seconded by Rassier and passed unanimously. Gideon advised the Council that the final plat is being submitted as all outlots. He also stated that they will bring this plat back several times, each time dividing the remaining outlots into single-family lots consistent with the preliminary plat. Wick made a motion to approve the final plat encompassing the school property contingent upon the developer receiving the required certification from the Stearns County Engineer. The motion was seconded by Rieke and passed unanimously. Rieke made a motion to authorizing the Mayor and Administrator to execute the Development Agreement and Memorandum of Understanding between the City of St. Joseph and ARCON Development. The motion was seconded by Symanietz. Discussion: Wick questioned #10 on Page 4 of the Memorandum of Understanding. Ekola explained that although Design Electric designed the decorative lighting along the trail, continuing from CR121, Steams Electric would still service that area. Draft January 19, 2006 Page 3 of 7 The motion passed unanimously. Minnesota Skyline Partners: Weyrens presented the Council with the final plat for a plat entitled Sunrise Cottages. The final plat has been submitted by MN Skyline Partners and is located in Morningside Acres 2nd Addition. The final plat is consistent with the Preliminary plat submitted by Sand Properties. The property is being platted condominium style so that setback requirements can be met. Jeff Litfin, owner of Minnesota Skyline Partners approached the City Council. Litfin stated that the plat will be developed as a Common Interest Community managed through an association. With respect to the Developer Agreement, Litfin stated that he agrees with the final draft that has been submitted for execution. Upon review of the proposed Developer Agreement, Carlbom noted an error with item 3.18 of the agreement, which states: "The Developer shall apply for a building permit within two years of the execution of this agreement. Failure to apply within the one-year period shall render this agreement null and void." Weyrens added that it should be consistent and would be corrected. There were some additional questions raised by the Councilors. Rassier questioned who installs the fire hydrants to which Ekola stated that the developer is responsible for such. Carlbom then questioned how the mailboxes would be installed. The developer would be responsible for that as well, however there will most likely be three "cluster boxes" to allow one for each building. Ekola made the Councilors aware of the fact that the "streets" within the development are not actually streets rather they are private driveways. She also added that there are no connections to Rivers Bend needed from Morningside Acres, however, 3rd Avenue will provide the necessary connection in the future. Wick made a motion to approve the final plat as presented and authorize the Mayor and Administrator to execute the Developer Agreement between the City of St. Joseph and MN Skyline Partners as corrected. The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS City of St. Cloud Facilities Plan: Bettendorf reported that the City of St. Cloud has been working on a plan for a new Wastewater Treatment Plant. He stated that the draft plan is completed; however the cost estimates are not yet being distributed due to a pending lawsuit for Annandale/Maple Lake in which there is an environmental group challenging the phosphorus levels. The City of St. Cloud will be meeting with the MPCA and the Minnesota Center for Environmental Advocacy in January. St. Cloud APO: Bettendorf reported on several issues with regards to the St. Cloud APO. · He stated that the new 20/30 plan is out and is available on either paper or CD format. Carlbom added that he could have his copy available in City Hall for review purposes. · Bettendorf also reported that the APO has put together a new list of high priority projects. He added that the APO Executive Board already approved this list. According to Bettendorf, the Pine Cone Road right-of-way is ineligible for funding and 3rd Street North is already completed. · The APO TAC will meet on February 2nd, at which they will be ranking projects. He noted that there are $14 million in requests; however only $2.5-3 million will be available. St. Joseph currently has no projects for funding, but he advised the Council that the Corridor Study for the SW Beltway will impact St. Joseph. According to Bettendorf, the local match for this study is $255,000 and they plan to begin this summer. St. Joseph is being asked to select a Council member and a staff person to be on a committee for this Study. He stated that the APO is requesting that the staff person appointed to the committee be an engineer. Weyrens stated that Carlbom would add this committee to his list of Mayor Appointments to be approved at a later date. Draft January 19, 2006 Page 4 of 7 North Corridor Study: Bettendorf stated that the Project Management Team for the North corridor study met recently to continue the study process. PMT consists of the City Engineer, City Administrator, County Engineer, SRF (Consultant retained for the study) and the Public Works Director. Based on the 2030 APO study, the North Corridor may need to be a 4-lane rather than 2-lane road. Bettendorf also stated discussion at the meeting included what type of environmental assessment will be required. SRF will contact Mndot and the Federal Highway Commission for an opinion and report back to the PMT. Field Street: Bettendorf stated that they are waiting for the environmental review to be completed. Weyrens added that the archeological study has been completed and no impacts have been found. She also stated that the cultural review could be finished as soon as late January. In that event the TAC would meet again to continue the study process. POLICE CHIEF REPORTS Alcohol Compliance Checks: Jansky reported that the Police Department recently conducted alcohol compliance checks, in which all establishments passed. They conducted checks at both on and off-sale establishments. According to Jansky, this is the first time in two years in which there was full compliance. The compliance checks are normally done twice a year and they normally conduct checks for both a/cohol and tobacco. Talk to the Police Chief: Jansky mentioned that the third Thursday of each month at 6:00, he will be hosting a segment on the cable access channel entitled "Talk to the Police Chief', in which residents can call in and ask any questions or state any concerns regarding the Police Department. Other Matters: Rieke asked Jansky for a report of the number of labor hours for the Police Department for last year. MA VOR REPORTS APO: Carlbom reported that the APO is in the process of hiring another staff person. He stated that he is a member of the hiring committee along with the Mayors from Waite Park and Sartell. Minnesota Transportation Alliance: Carlbom stated that there would be a drive-in at the Capital on either March 14 or 15, 2006. EDA: On behalf of the EDA, Carlbom reported that the following have been re-appointed to the following offices: Chair Vice-Chair Treasurer Secretary Ross Rieke Richard Carlbom Tom Skahen Ken Jacobson He also stated that they have begun to vision the future of 20th Avenue. Cynthia Smith-Strack, MDG, has been asked to look at additional land along the proposed corridor. School District: Carlbom stated that he met with Weyrens and the School District to discuss the proposed school in St. Joseph. It is anticipated that the bond referendum will be held in Spring of 2006 and they hope to close on the Arcon property on February 28, 2006. Mavor Appointments: Carlbom stated that he is still working on the 2006 Mayor Appointments and will have them at the next meeting. Habitat for Humanitv: Carlbom reported that he has been working with Habitat for Humanity on the possibility of building a house in St. Joseph in 2007. There is a meeting scheduled at the Fire Hall for Friday, January 27,2006 at 12:30 PM. COUNCIL REPORTS Draft January 19, 2006 Page 5 of 7 SYMAN IETZ Stearns County Municipal Leaaue: Symanietz reported that at the last meeting, they held elections for new officers. She also stated that Jeff Howe was the guest speaker that evening and he spoke about the soldiers overseas. WICK Park Board: On behalf of the Park Board, Wick reported that they are re-applying for a DNR Grant that was not received last year. They have been working with Ekola on getting all of the necessary information. They plan to submit the information early, as the DNR will look over the information to see if any additional information is needed. Seminar: As part of the PT A at the Lab School, Wick stated that he attended a Referendum Seminar in Minneapolis. It was a half-day seminar in which they discussed what a referendum means. RASSIER Stearns County Municipal Leaaue: Rassier stated that he attended the Stearns County Municipal League meeting as well and he stated that it is important to approach the State Legislators Representatives to make sure that our area does not lose out on any traffic improvements or studies. Other Items: Rassier stated that he has some concerns resulting from some phone calls he received. · Developer process: Rassier stated that the current development process is very confusing. He suggested the possibility of conducting a survey after a project is completed to see how things went. Rieke stated that the EDA has done exit interviews with a few of the developers. He suggested doing this on a random basis or possibly having a suggestion box available for developers. Rassier's main question is why some projects such as Bliss Media go so smoothly and others such as Midnight Haulers have so many issues. · Emergency Sirens: Rassier reported that he has had several phone calls from residents near Hill StreeV103rd Avenue stating that they cannot hear the emergency sirens. Rieke questioned the possibility of having the current sirens moved. Jansky mentioned that there is a program called 'voice override', which interrupts all TV programs when there is an emergency alert that can also serve as a useful warning device. · Meadowvale Case: Rassier questioned the status of the Meadowvale Case. Weyrens stated that the experts have completed the testing and information should be available soon. · Y2 cent Sales Tax: The Y2 cent sales tax took effect on January 1, 2006 and Rassier questioned if everything was running smoothly as far as the collection of the additional tax. Weyrens stated that she had not heard of any transitional problems associated with the tax; however the area cities are entering into a Joint Powers Agreement to talk about projects and distribution of the tax. · Bills Payable: Rassier questioned the fees paid to Inspectron for Rental Inspections. Weyrens will get a breakdown to show how the fees are calculated. RIEKE - No Report ADMINISTRATOR REPORTS Percheron Properties: Weyrens stated that the Planning Commission has been working with the owner representative of the former Dehler/Linneman Building on a development plan request for 31 Minnesota Street W. They are proposing to remodel the lower level for office space and the upper two floors for rental. Previously, the Council approved a special use permit allowing the rental in the B1Zoning District contingent upon the approval of a site plan and a rental license inspection. The Planning Commission recommended approval of the site plan and execution of the Developer Agreement. Carlbom questioned whether or not the property owner intends to keep the garage behind the building. Weyrens stated that they plan to keep it, but make any necessary improvements. He also questioned the Draft January 19, 2006 Page 6 of 7 boulevard between their parking lot and the alley and whether or not the Planning Commission was okay with the site plan as presented. Rassier stated that the City cannot require the property owner to curb the alley, as they do not own the abutting property. Weyrens stated that they will be required to extend the sidewalk along the west side of the property abutting 151 Avenue NW to the alley. Rieke made a motion to authorizing the Mayor and Administrator to execute the Development Agreement between Percheron Properties and the City of St. Joseph to allow the mixed density development at 31 Minnesota Street West. The motion was seconded by Symanietz and passed unanimously. Record Retention: Weyrens stated that all of the City records have been scanned and, as a result, a majority of the paper files will be tossed. She mentioned that she spoke with the Minnesota Historical Society and they stated that digital imaging is a form of permanent record keeping. According to Weyrens, all official documents such as City Council and Planning Commission Packets and Minutes, abstracts, resolutions, etc will be kept. Stearns County Parks Resolution: Weyrens presented the Council with a resolution from the Stearns County Parks Department for funding for the Wobegon Trail extension. Stearns County is seeking State funding to extend the Wobegon Trail to St. Cloud. Wick made a motion to approve the Resolution for the Wobegon Trail Extension. The motion was seconded by Symanietz and passed unanimously. Trobec's: Weyrens presented the Council with a request for a Sunday Liquor License for the Trobec's Event Center. Trobec will be completing the fire suppression and has agreed to the water and sewer access fees. When Trobec completed the application for an on-sale intoxicating liquor license he did not request a Sunday license which is a separate license and fee. Rassier questioned when the fire suppression will be installed and what happens in the interim. Weyrens stated that Trobec has made arrangements with the Fire Department for the event scheduled for Sunday, January 22, 2006. The Council reiterated the importance of the fire suppression and the need for immediate installation. Symanietz made a motion to approve the Sunday Liquor License as requested. However, the license will only become effective upon submission of an executed contract for the fire suppression and payment of all required fees. The motion was seconded by Wick and passed unanimously. Interqovernmental Meeting: Weyrens reminded the Council of the Intergovernmental Meeting to be held on January 31, 2006 at the St. Cloud Civic Center. Dinner is at 5:30 and they will be discussing Human Rights and Affordable Housing. Town Meetinq: Mayor Carlbom advised the Council that he spoke with St. Cloud Mayor Kleis and Kleis questioned the possibility of a town hall meeting that would be held in St. Joseph. The Town meeting would include both Carlbom and Kleis and would provide a forum to discuss regional efforts. Winter Warm-up: Rassier mentioned that the winter warm up would be held again at Trobec's Event Center on February 3, 2005 and encouraged all Councilors to attend. Adiourn: Symanietz made a motion to adjourn at 8:40 PM; seconded by Wick and passed unanimously. Judy Weyrens Administrator I Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: January 26. 2006 Engineering ORIGINATING DEPARTMENT Jeff Ledin, PE DEPARTMENT APPROVAL AGENDA ITEM New Municipal Wells (SEH No. STJOE0506.03) PREVIOUS ACTION None RECOMMENDED COUNCIL ACTION Application for Payment No.1 FISCAL IMP ACT $46,490.62 COMMENTS/RECOMMENDA TIONS X:\Slstjoe\050603\corr\Requests for Council Action\012606.doc .~ SEH January 18,2006 St. Joseph, Minnesota New Municipal Wells SEH No. A-STJOE0506.03 RE: Honorable Mayor and City Council c/o Judy Weyrens City Administrator City ofSt. Joseph PO Box 668 St. Joseph, MN 56374-0668 Dear Mayor and City Council Members: Enclosed please find Application for Payment No. 1 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: Mark J. Traut Wells SEH - Brainerd City of St. Joseph If you have any questions, please feel free to call us. Sincerely, ~ Jeffrey R. Ledin, PE Project Manager kad Enclosures c: Tracy Ekola, SEH - St. Cloud Joe Bettendorf, SEH - St. Cloud X:\S\STJOE\050603\CORRIAPPSIL-OWNER WITH AFP #l.DOC ShOl"t Elliott IHenddckson inc., 4 i 6 South 6th Street, Suite 200, Brainerd, MN 56401- 3540 SEH is an equal opportunity empioyer I www.sehinc.com I 218.855. i700 I 866.852.8880 I 218.855.1701 fax 14.00 0:: 0:: I (f) LOCO WOW -' 00 -' 00 ZI-(f) W NN :s:0 -- :s: (V)'<t 0<( S2Q 0:: -' ..- ..- I- <( ..- 0 Z 0- 0 g 0 Z ::l :2 :s: :I: Cl W ::l Z 0 0:: :I: .... e W :I: II) :i ll.. Ii:: Uj:2: 0 !ci:O II. e~ 0:: 0 ....< .... Z~ ~ Wo:: :2:0 .... ~;= Z 0::0:: 0 ~~ 0 (f) -' I-' O-W ... Ws 0 (V)(f)1- ~O::l Z co'<( .... g~o:: Z 0(f)1- W W LL . :2: QO~ ~ 1->-0:: ll.. <?t:<( 0:: <(0:2 0 LI. Z 0 0:: 0 0 Z .... ~ .... 0 0 Oo::~ :i ~W.... ll.. OZZ ll.. 0::;=0 <( ll..00 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 0 0 0 0 0 0 0 0 on on on .... ~ 0 0 0 0 0 0 0 0 0 ...: ...: ...: Z '<t .- CO Y7 Y7 Y7 Y7 Y7 Y7 Y7 M M M W ::l r- c-:. ~ 0'> 0'> 0'> !ci: 0 .n C;; .- ai ai ai :2: ~ .- '<t '<t '<t e <( ~ ~ <It <It <It 0 .... - ~ >- 0 0 0 0 0 0 0 0 0 0 0:: I() 0 0 0 0 0 0 0 0 0 0 .... 0 .0 ('oj 0 0 0 0 0 0 0 ;= i= I() r- Z .- <( ::l " 0 0 0 0 0 0 0 0 0 0 0 0 0 on on .... I() 0 0 0 0 0 0 0 0 0 on ...: ...: Z ~ 0 0 0 0 0 0 0 0 0 ...: M M ::l '<t ~ CO Y7 Y7 Y7 ~ Y7 Y7 Y7 M 0'> 0'> .... 0 r- co_ O'> ai ai Z :2: .n ..- .- ai '<t '<t W ~ (V) .- '<t <It <It :2: c( Yr Yr <It ~ - ll.. ~ 0 0 0 II) I() 0 0 0 .0 ('oj s: i= LO r- .... ~ ..- ::l " 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .... 0 ~ 0 0 0 0 0 0 0 0 0 cO cO Z .0 ..- 0 0 0 0 0 0 0 0 cO on on ::l en N LO LO I() '<t 0 0 LO 0 on CO CO 0 '<to '<t eo ~ L!) '<t_ N 0 eo '<t CO N N N '<t- N ,.: ri N Y7 N .... :2: .- CO ;; 0'> 0'> ..- (") ..- ..- Y7 Y7 ~ Y7 0'> <It <It ~ c( Yr Y7 Yr Y7 <It .... - Z >- 0 0 0 0 0 0 0 0 0 0 0 ~ I() 0 0 ~ 0 ~ ~ ~ ~ 0 .... ..- 0 0 0 .- ('oj ..- ..- ..- ..- i= CO en en .- Z ..- <( ::l " .... 0 0 0 0 0 0 0 0 0 0 II) 0 0 0 0 0 0 0 0 0 0 0 .0 ('oj .0 .0 0 0 0 0 0 0 0 en 0 CO CO L!) N 0 0 L!) 0 '<t_ N ;; ;; L!) ..- N 0 CO '<t .... ..- Yr N Y7 ,.: ri N Y7 Z ;; Y7 Y7 Y7 Y7 ::l .... 0:: 0:: <( Z (f) LL LL (f) (f) (f) (f) ::l -' -' -' I -' I -' -' -' W . Z <0 (9 -' 0 ..- Z W Z -' ~ -' W >1- i:[ W -' W :2 S ~ 0:: Oz N :2W ::l I- Z ::i (f) 0 W:2 0- (9 (f) 0 iii ~ (f) 0::0... I- Z W i= 0 -' o.:s- (9 (f) i= l- ll.. 0 W ::l W (f) (9 0:: :2 Z W -10 Z I- W Z W .... i:[ 0 0 <( (f) -'W W I- i= c ~(9 :2 !;;: iii II) Z W (f) I- ::l 0 (f) W -'(9 Z Z C 0 Oz (f) W (f)Z 0- 0:: <( X II) W Z- W :2: ~ I- -' :2 _0... l- I- = ~ Z 0... .:2 (f) Z (9 (9 Z W C 0:: N ~O ~ 0 I::l W ~ Z Z 0 !:: iii W ::i -' !Qo... I- ::i <9 0 -' II) e , -'-' W ZI- 0- (f) 0... Z ~ iii -'-' (f) > O::(f) W Z :2 (9 <( :2: 0:: -,0 -W 0 >-W 0 ~:s: <0 W ::lW I- <( 0 en 0 ~:2 .- 0 LLI- (f) 0 (f) -' <( .... 0::.... W <(- Cl-, :2: w :2:~ Z<( w Z..- N (") '<t I() CO r- eo en 0 :2:1- <(l- t: W .- ::l0 :I: 0 Cl (1).... 0.... a:a:I (f) lOCO 0 CO N 0 N WOW -I 00 -I 00 LO CO (0 0 tel ZI-(f) W ~~ I- r--: cO ci ci c:i SO S C'"l'<l" Z C'"l '<I" Q) ~ O~ eS2 W ::l Q) '<I" '<I" en -I 0 00 N cO '<t ...- ...- ~ cD I- <( ...-0 ~ '<I" ~ '<I" Z 0.. 0 ~ ~ '<t 0 Q ~ 0 0 Z I- ::l ~ Q) ~ Q) 00 Q) :2 >- ::l ::R <U C - 0:: 0 J: 0 I- 0 !:!;. 0 Q) ell S Cl s: i= C Q) .8 E C W ::l Z ::l OJ >. 0 ro Z 0 <C 0 ro Q) 0.. - E c ::l 0:: ::l "ffi 0 00 Q) J: a <( Q) ..... ::l ;j I- 00 c 0 C 0 00 0:: ::l ":;; 0 00 0 Q) - W ll.i W <9 00 E 0:: s:: W J: I- Q) <( ;:, ~ ~ ~ (J) Z -I 00 0 ~ ::l 00 E 0 0 0 I- 0 Q) ll.. -I c( Ii:: w:i: z :i: W <C 0 !<i:o :i: u.. ol3 ~ 0:: 0 I-<C ll.. >- I- z~ (J) I- ~ Wo:: :E i= :i:o ltls: I- Z I- <C Z 0::0:: ::l 0 ~~ a u I- eD z "5 ::l 5 0 <U 1:5 tl I- ~ ~ ~ E Q) "0 C .g <U Q) c 0 tl > 0 5 I- "a; 0 c Z "0 ~ "0 1:5 ro ~ (,) "~ Q) <5 0 ~ Q) ~ 0.. Q) c E 00 N U i= 00 a. c OJ >. C Q) z C ro c "00 ro 0 c 0 ~ a. (,) c <C Q) c (,) .... .0 ~ ::l E Q) o!: "0 0 ::l a >. Q) c 0. 00 ~ (\) .0 "0 ::l a. Q) ~ Q) OQi Q) "0 :S c I- 00 > 5 .r::: (,) ::l :>.: :>.: ::l (\) I- ~ >. (J) 0 .r::: (,) .0 "0 to to 0 ":;; 1:5 "!: u:i '0 "0 Q) U C .0 ~ ~ 5 00 Q) "C I- a. C 1:5 Q) >. "0 (,) Z E ro ":;; 00 (ij 0 ~ >. "0 e Q) ::l (,) ro "0 <U C a. 0 a. 00 00 0 ...- 00 :S :s 00 ro 0 0 00 c Q) tl 0 I- 00 a; Q) ~ :s (,) N Z Q) :S "~ ~ t;:: "0 OJ "~ W ::l :e c e Q) Q) !::: ::l en 00 en ~ Q) c a. 5 "0 ::l co (,) Q) .Q "0 1:5 Q) >. 0 (/)0 (0 5 c <U "ffi "5 ro ZI -'<I" (0 0 "2' en ~ a. -I- I-LO 0 1:5 "0 a. (/) ]5 >. C en .8 (/)::ll'- WC'"l .J. -I ~ ..x: .0 '0 -lOCO W.,!. I'- ~ 0 0 I-I C "0 (,) C en u:l(/)~ 0::0 I C") o..W Q) 0.. (0 0 (ij Q) .0 ::l ~ SWLO 1-'<1" Ws 0 .... ~ ::l .... (/)(0 W LO C'"l(/)I- .E :a en .E OJ I-~~ LO (/) Z 0 "0 > ro IZ 0 C!0::l Z Q) a; 0 (ij ~ :2 z (O"'~ 0 c "!: (,) 5 ~w~ b:2 "' o " i= OJ c ..x: >. (ij 1:5 o::~o:: " co I I- LOI- "00 ::: Q) ~ ro I - 1-(00.. Z 0(/)1- ll.. 0 OJ a. a. ~ ~Iii: 1-0 (/)(OUJ W W u.. " i2 a; Co .8 "0 C ::l0:: :i: Qo~ "0 Q) .r::: Q) "2 "'I- O~ u..x(/) U c :S 00 ::l 0 ~coW 000 ~ (,) :S 0 1->-0:: (J) ::l en Q) E o::N!::: I(/)~ >-to", E '0 Q) ll.. CJ?!:::<( w Q) :S C, Q) Q) <(...-<( W~ !:::o~ 0 .r::: .g .r::: 0:: <(0:2 I- .8 "~ ro :S I- :2~S (/)'<1" to oo..(/) 0 0 u.. W Z 0 0:: 0 0 0 0 z Z I- 0 ~ I- U W W W Uo::~ 1= :i: > U :i: 0 ~ WWI- :i: ~ 0 0:: ll.. ozz W IX! U ll.. ~ 0::S:0 !::: ::l W ll.. ll..OU (J) 0:: <C I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Accept Improvements, Morningside Acres 2nd Addition DATE: February 2, 2005 - ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Accept Improvements - Requested Action: Accept the Morningside Acres 2nd Addition Improvements as recommended by the City Engineer. PREVIOUS ACTION The City entered into a Development Agreement between the City of St. Joseph and Sand Companies. The Development Agreement allowed the development of Morningside Acres. The improvements were completed privately by Sand Companies. The City Engineer has reviewed the request, see attached memo. RECOMMENDED COUNCIL ACTION Accept the improvements of Mornings ide Acres Second Addition contingent upon the execution of the Development Agreement between the City of St. Joseph and MN Skyline Partners. FISCAL IMPACT COMMENTS/RECOMMENDATIONS The contingency is needed to assure that the pond access in Momingside Acres Second Addition is provided and constructed. MN Skyline Partners has agreed to the Development Agreement, which includes the requirements, but it has not yet been executed. It is anticipated that by Thursday evening the City will have received the executed document. TTO ENGINEERS & LAND SURVEYORS, INC. January 18, 2006 City of St. Joseph Attention: Judy Weyrens 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374 RE: MORNINGSIDE ACRES SECOND ADDITION Otto Project No. 2-04-0046 Dear Ms. Weyrens: In December we had requested final acceptance of the MORNINGSIDE ACRES SECOND ADDITION project. Due to the pond access issue, final acceptance was not granted. The street and'utilities for the project are complete and have been constructed in general accordance with the approved plans and specifications. Tracy Ekola has indicated to me that the punch list has been adequately completed. All work that would be covered under a warranty bond has been completed for several months now. Therefore, since the utility and streets are acceptable and any items that would arise concerning the utilities and streets would be covered under a warranty bond, we are requesting that the City accept a two year warranty bond from S.J. Louis Construction. Please feel free to contact me with any questions. Sincerely, Otto Associates Engineers and Land Surveyors, Inc. ~fiO& Cara Schwahn Otto, P .E. Cc: Tracy Ekola, SHE Anita Mehle, S.J. Louis Construction Jamie Thelen, SCI Jim Sand, SCI RECEIVED 'f' 'i 'N <<;.2006 CITY OF ST. JOSEPH 9 WEST DIVISION STREET - BUFFALO, MINN. 55313 - (763) 682-4727 FAX (763) 682-3522 . . If to the Developer at: Sand Properties, Inc. 366 South 10th Avenue P.O. Box 727 Waite Park, MN 56387-0727 7.5 Accqlta.nce.and OWnershin of Improvements.. The City will accept said. improvements or portions thereof: upon certification by the City Engineer that, to the best ofbis knowledge and belief: . the improvements have been completed in conformance with the terms of this Development Agreement and all documents incorporated herein by reference. Upon completion of the work and construction requiredbytbis Agreement and final approval and acceptance by the City, the improvements lying within public easements in the development shall become City propertj without further notice or action. 7.6 Incolporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully .set out herein in full. 7.7 Indemnification. The City and its officers, agents and employees shall not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, daTJl~es, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer shall hold the City and City Engineer harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attomey's fees, which the City may pay or incur in consequence of such claims by third parties. 7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform. all work and/or inspections deemed appropriate by the City during the development of the Property. 7.9 Streets. (a) During any period of spring weight restrictions, when the streets within the Development have the :first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons or less. 8 SEH January 30, 2006 RE: St. Joseph, Minnesota 2004 Morningside Acres Second Addition SEH No. A-STJOE 0412 14 Mrs. Judy Weyrens Clerk! Administrator City of Saint Joseph 25 College Ave N PO Box 668 Saint Joseph, MN 56374-0668 Dear Judy: All construction work on the project referenced above has been completed to City standards and record drawings have been prepared. Therefore, I. recommend the City accept the project contingent upon receiving the signed Developer Agreement from MN Skyline Partners. Per 3.11 of the Developer Agreement with Sand Properties, Inc., the developer shall provide a warranty bond for a period of two years following the City's final acceptance of the improvements. Sincerely, c:it'ff tfht-- Tracy L. Ekola, PE City Engineer JillW c: Dick Taufen, City of 81. Joseph Cara Schwahn Otto, Otto Associates Jim Sand, Sand Properties, Inc. Joe Bettendorf, SEH x:\s\stjoe\041200\corr\l-city final acceptance 0J3006.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, 51. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Fire Department - Personnel Carrier DATE: February 2, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Capital Purchase - Requested Action: Authorize the purchase of a Personnel Carrier for the Fire Department at a cost not to exceed $ 25,000 as recommended by the Fire Board. PREVIOUS ACTION The Fire Board considered the request of the Fire Department on January 25, to purchase a Personnel Carrier for the Fire Department. The Personnel Carrier will be used to transport firefighters to incidents and for training and conferences. The Fire Department submitted a grant request to FEMA and received a letter of rejection. The Fire Board agreed to use the equipment reserve fund to purchase the carrier. RECOMMENDED COUNCIL ACTION Authorize the expenditure of up to $ 25,000 for the purchase of a Personnel Carrier as recommended by the Fire Board. FISCAL IMPACT COMMENTS/RECOMMENDATIONS ~ u f ~=-~--'-~- '/11. f}vIoMCt-/'~+rtvV s A1 rs S/otU _.... .J.~ t1vTfrcryllu)C/-1,4ry IlfAv'IJvfy .....--.-- . .3.li-rf'~d{(,r eQuIp f/e.uVY duff Lf t SIVo tJ plow PRf (k-{:.;kQ~ S..J_AotJ~r LtJGkj . \. . -.(p~'((eAr cltrO/Y0 hUJ4ht{ '--". .7" PfJt,J~(, tJ,AJcLw //-1/('((:.,r j ._~..--..', ~ I !?~~ ~/ JV] Laf'-tp f --.. .9~J /Jack 1/(1 /J-/D.rl-1. .__....;jtJ~./J..v fJDvJ~r Juff!Y --........ . f; ---. . !i Cola (' - R e-d :1 . ~......lplec.Je- QcJok TiL v~ltrc..k lJiH I-~G Ie) c:pJ,-CA/j ____.''.. ~EJ-bolfL; ~_._- t. '. - i. ~ktJk you rF. ./1 ~. R?i/Vdv 7O<<00r{/ lfT JoSepA Vol ;:;r~ f)epf/ t . ---. t Pho~. ~- (~S! JCoJ- ysrf ....-.. - . C Cel( (jj() J,/jl- /S-yl! --.....--. J MY: 0;)C?) 3Co3 - 7B-G].. l j H i; tJ ': ~.. h_C~t.Vrole+ 5>11/c.,c.cb )Soo!lfJCKtJCc-h ck:Js/t;J C'o~(, ? MTI Pl zg-j (j; YUd.) r;;u 3 V8J .t3~ 0c7J $3) '9L1J -"-. '1'" ~ =- .- ~__._I,- . =-' -'~~_. -...-.!-"".- .... . I ~..-'_.._._. ----. ......... ~------_.....----*-_.. 'k.( V:.J.I c:;;.VV.J i I il:---- ,.,.. v....... 2006 Retait Chevrolet Silverado 2500HD Crew Cab 153" WB 4WO Work Tru PRICING SUMMARY WA!tfllING - THIS VEHICLE IS NOT YET COMPLETELY CONAGURED '.................... ..... ....,..............................................................................................;..............,.......................................... ........................................................................ . PRICING SUMMARY - 2006 Retail CK25143 crew Cab 153" WB 4WO Work Truck prepared By: zane Gilleland Chevrlet Cadillac 3019 West'DlVision Str. Saint Cloud. MN 563Q1 Phone; (320) 251--4943 Fax: (320) 255-70D7 Email: gilleland@stcloudauto.com ..... .... .... '" . ............... .............................. ....... ... ..h.....hn............................................ ................................................"..,...... .........................................."............................ . MSRP invoice 588& Price $31.130.00 $28.483.95 Total options: 53,240.00 $2.689.20 Vehicle isubtotal $34,370.00 $31.173.15 1/ Advert/Adjustments SO.OO 5343.70 Destination Charge 5875.00 $875.00 GRAND TOTAL $35,245.00 $32,391.85 PJl..lc..E- l\S. Sp~ '1.,YP9-1- i- 1\-^^1 r~x.~7 o \l- ~c.. fu..S v ~ / WA~L.,.-- V-jlV~t- Report content i5 based on current data version refsrenced. Any performance-related ealculatlons are offered solely as guidelinH. Actual unit pertormance wKl depend on your operating conditions. GM AutoBook. Data Version: 107.1, Data updated 11/2912005 10:37:00 ANI @Copyright 1988-2005 Chrome Systems Corporation. All rights reserved. Customer File: Dooember OS. 2005 10:29:18 AM Page 10 11/29/2Q05 11:51 AM FROM: FaK Thane Hawkins Polar Chevrolet TO: +1 (320) 363-7863 PAGE: 002 OF 005 '.LAR .~1.:'.'" J?"'~~: .' I ."'.' :I! . . . , """" ".... 1801 tE. County (]if. p, White mear Laki, :M!N 55110 (651)429-7791 <p1ione: 612. 750.1275 P~ . 651.653.5511 'To{f-Pree: 888.270.9555 City ofSt Joseph Fire & Rescue PO Box 4 StJoseph, MN 56374 Attn: Randy T orbog November 29,2005 Regarding the Department's request for pricing on one 2006 Chevrolet Silverado 2500HD 4x4 shortboxcrew cab (4 full doors) pickup, we have attached a listing of options which includes those 10 that were specifically requested. St Joseph Fire's price F.O.B. White Bear Lake, Minnesota is $ 24,787.00. Please note on your purchase order your exterior color choice. Your 2500HD should arrive here approximately 90 days after receipt of order. Should you decide to purchase from Thane Hawkins Polar Chevrolet, please include with your purchase documents the name of your current vehicle liability insurance company, and current policy number (LMCIT or MCIT or MSBA or St Paul Companies etc). Thank you for your consideration. David 1. Thomas Fleet Sales Manager Enclosure Specializing in State, county and local municipal sales ~ ERICICSON CHEVROLET-PONTIAC, I].!C. . ...... ". 253 OAK STREET, EAST HIGHWAY 212 ~'IL~.t;.:' ". DAWSON, MN 56232 rJII1IIl!l . ; ., . ._-~ ~ . , .,.,. EI~t Sales: do PO Sox ~~~. Fergus Fallli..MN 58538-0338 J 218-739-2283 X123 I FAX 21a...739~6021 . . 'VEHICLE QUOTE NUMBER E StJosephFD CK25743 Sold To: Saint Joseph,MN Attn: Randy Torborg Address: PO Box 4 Saint Joseph, MN 56374 Date: 11123/2005 Ph~: 320-363::4554 or -241 ~ 1844 FAX: 320-363-1468 or w7863 Salesperson: Gerry Womer Key Codc:lgnitionIDoor: stock No. Year Make . Model StJosephPO 01<25743 . 2006 Chevrolet SllVerado 2500 Crew WT 4WD Color; Bright Red I gray vinyl New/Used Vehicle'ID Number . New Price of Vehicle $25,730.69 , op~ons & Extras includes all standard items plus auto.trans., dual batterie . tra~efpacakge, $f'Iowplow prep pkg, power locks, chrc rear bumper, power windows/mirrors, reading lamps, backup alarm, 12V power supply Delivery inoluded DalN$On to Gt JO$cph 11 S milC$ Subtotal $25,730.69 Trade - In Total Cash Price $25l30.69 Your Purchase Order # Project # Contract MRSA-oS Thanks for your business! Ship Tal Lessee 1 End User: Saint Joseph,MN Randy T orborg Fire & Ressue Dept. PO Box 4 Saint Joseph, MN 56374 Signed Phone: 320-363-4554 or-241-1844 FAX: 320-363-1468 or .7863 and initialed_, Printed NamE! and Dat~ StJosephFD CK25743.123 T0 39'i1d "531\15 -I33lX""..... -~_.. ,-~_.- "'..--,-...- TG096ELBTG 01:01 S00G/EG/TT )"12/12/2005. 16: 52 3206858034 5G~0~il-v) Prepared By: administrator PAGE 03/03 2006 Retail Chevrolet Silverado 2500HD Crew Cab 153'1 WB 4WD LS CK25 WINDOW STICKER 585 5M1 6C7 8S3 9L4 SPECIAL EQUIPMENT OPTIONS POWER WINDOWS AND MIRRORS MIRROR, EXTERIOR. POWER ADJIJSTABLE, MANUAL FOLDING, NON-HEATE CONSOLE, ROOF WITH READING LAMPS BACKUP ALARM POWER SUPPLY, 12 VOLT SUBTOTAL Advert! Adjustments Destination Charge TOTAL PRICE Est City: mp9 Est Highway; mpg Est Highway Cruising Range; mi $815.00 INC $55.00 $1Q3.00 $1613.00 $3~,655.00 $0.00 $875.00 $36,530.00 PI$l:' .r~- S"91fAr U~ ~ if JIJ)pe8#tUJ ClO Report content is based on current d~ta version referenced. Any performance"related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBool<, Data Version: 107.0, Data updated 11/22/2005 10;45;00 AM @CoPyright 1986-2005 Cl'1rome Systems Corporation. All rights reserved. Customer File: December 01, 2095 7;52;04 PM Page 2 J1/19/2005 19:51 3205858034 Prepared By: administrator PAGE 02/32 2006 FleetlNon...Retail Chevrolet Silverado 2500HD Crew Cab 153'1 WB 4WD PRICING SUMMARY ~~i~l.'~~ s'~~'~~~, ~',~,?~~!.'~~~~~,~,~~~t~il.~~2~74i"C;~~~~~.'1-~3:~.~~~0 WO:~k ~~. Base Price Total Options: Vehicle Subtotal MSRP $29,490.00 $3,195.00 $32,685.00 $0.00 $875.00 $33,560.00 Advert! Adjustments Destination Charge GRANO TOTAL ~4r. #r;?7/d~G9~ Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version; 108.2, Data updated 1/10/20068;33;00 AM @Copyright 1986.2005 Chrome Systems Corporation. All rights reserved. Customer File: January 18, 2006 4:23:49 PM . Page 1 JAN-27-2006FRl 08:10AMHARTLANDTITLE,lLC Lt .... If~"".~P .._ ,J11i/24,Q. iPflH$ . "Inn~qta Lawla'~..mb'lng LC3.214P..eI1118~sPermltAppllcatlon (see Requited Attadlmtnt' on Page 2) Al'lnuarFe. $150 FAX NO. 320 253 5606 P. 02 Or9~nlzatlo...lnfonnatlon Or9inlZItIonname ..:rOS NaI11l. ~o"~.. ..WtXlClJtJY. I....."I..~.... r. C. CEO) 1(1If<L-lffJS-~'- Gfimbllngprernlaes "nformatlon NameQf es1abllsbment where mbllnu wUl be (X)nduetild .. $tmltidcke&s (do nX use a p.o.1;)oX nlAmi)er) . -. -. ..'tZ.,?~~>~~I-=W$T .3"~f4, County ZIp code '$--r ~.-eePH ~-t~~~ ~G~' .~e~r~~:o:;:n:,e::~::rU:~m:a~b::=u~? Gamblln9bank account Infonnatlon 8ImIc 11Im1 8aAk'ICCOUI'It number .11..'rs ~. Sr.Josa l61 ~d.8lP,1'~1o Bank;:~IIfAflE sr vr:t6PH 11'~6~'37Y AddreSs(ea)of off-slte storage space of gairtbllngequlpment related tot.hllllte .Add~(DQ not.usea p,o: bo)c number) oty , State/Zlp code 'l'Z?<Go.~ '1.~y.J ~..,.-..~tI. I t-<N ~~1&..t ~~. &ulbl~ Binge) OCQllIions (including bar bingo) enmr daVlnd beginning/ending hours tt bingo oasJons (IndlCitBA.M. or P.M.). An l;<:c:asIon must be at least 1..1/2 . hoUI's,l1otto exceecI. 4 hours. No more thin 10 bingo occasions mIV ~ conduc.ted I'" wee\(. 6103 PI e 1 of 2 FOR IOARD UR ONLY QlC:ck #$ 1m ~lpQlng/EndIIll Hol.lrs to to fa to to ~ jleQl~/EndinQ Hl'lIJfC to to to to to Naanhour bingo Noon hourblngo must be c:onduc.ted between 11:00 a,m. and 2:00 p.m. on a leaSed i~ whlc:h mu5t hive a. - lICe" tor d1e Ale of I~ beva!'lglS an thI premIHs under. chapter 340A. Cl18dc ttIe .y(s) tMt noan hour bingo will. be c:onducted. .:....JutIdav ~day _Tuesday _Wednesday _Thursday -Friday -.Saturday :\ _\ JAN-27-2006 FRIOS: lOAMijARTLAND TITLE,LLO LG214 Premi8esPermitAppUcatl~n DataPrlYaCV 'lMlnformatlon l'IQU8St8d.oo d\ls l'orm (bS.atW _ments) will be used lP/ltle GIrl'IblIng CcntoIBoatcl ($oafd) to . . . d81Im)Ineyourquallftc.atloni CD be.lnvoIv8dln IaWI\IrQambllng BCtM1Jesl,,~andto..the Board In concluc.ting a ~ndlnvtstlgatlonof you. ..vou. t\ivetberlghno refuse tosuppltthe Inlb~ requ~; ~ If you .n::lUse to $lpplyUllSlnlbrmatJon, ~e Board may not blabll to ~~lneyourquaUftcatIonSand,Ma~,may rtfusfl"Cl)Is,sua you a prell\l$BS peo'I'lIt. lfyOu supply tne Irlli:irmatioo l'IqUIStId,the Board will be able to precess your Ij)pllcatiOn.. . . .. .... .. . .. FAX.NOi320 253 5606 P.Sl.2of~ 6103 yo~r prtmIsi$ PlJmIt,.Whtt1 \helOlrd lssI.!esyour prtmiSIS perml~all Ofthe~tormatIorItl.t you haveprovldeclto ttIe Board In the PI'()CIl'liOf~ l'or)'Ot~. pl'lmlasplmllt wlU..bec:'on1e public elCCeI)tfotyoor S:lCia' $eCUtItf'\tJrn~ Whlc:h remalnsprlv8t:e. If the aoard does not Issul!l)'OUilPI"ITIlse:SI*MIt,aDttle ~on you hiVe provided In.the~i.Of applying for aptemi$eSpermlt ren'la1ns prIval:e,Wlththe8lCQ!~~Dn of'your name and address WlId\ wIU remain public. " PrlV8tedllta~bOut 'fOl)are av~ ItIl~eonlV lo.lhefOl/ClYAng:. I50ard rnimIlIrS,B9lRllitII\'Yt11Osi \ifOI'l(~treqUI'lS thattI'IeV NlVC.D~to thel~l; the.~nnc:sobl DCpartmcntof Publk: SiMyithe MlnntSC)ta AtbmI(~eral;ttl8.M1nnesot.a Commlssloners~Adrnlnlstratf:ln, FInarlce, ~. ReYerWe; the toIonllSOtai.eg~ AH<Iltr)r. t\iltioniland InJa'natIQnII gambling regul~aoend"f.nyone!:~ttoCQUl'torder: .oth8r Indlllidualsandag4ll'ld~J:hatiil'8~ftc:allYaurhot1Zed bY state 01' federellaw tohM2Id:eSSto thelnfOnMtion;lndi~uats and agendesforWhlchlaYiOr' legiHlfde!'Iutf)tl_a new \1$1 or "'1'\90' Il'lfotn'I8tkm after ltisl,otlce wasgl~;a~~OtIe with your (Dn5ellt. '11IIi fQm!may require the dlSdosure ofyOU(' !lOCIal secunty "1Q'I'lbet..I'so,yaur~l~ritv num~wIllbeuSldw cl8titmlne your Co'OmClIlanc8. ~tIl(~ otMlnnesota. AUti1il1iz.1t1onfOr l'IIIIqulrlng VOuI' sadalsecJMit.y number is fOund at 42 U.S;C, 405 (c)(O. Yell' nameai1d adcWsswlM be publlClnft>nTllltlon ~en recelvedby~BoaI'd.. All the other Information tl'IItyou provide will beprlVate dilti aboUt you untIl.the BOn Issues Ac:kraowladlment .nd O.th I hereby. consent that local. lawentorcement. tA'ers' the Board or agents of theboarl1, Of .the commissioner 0' l'CW~orpubllc"ety or agents ofthecommlsslonersmaye.,tar the premises .toitnforce ttIe law. Th8Board Is luthorizedto Inspea the bank records of the gambling account whenever necessary to' rl.llfUl cequlremems of current 9Iml:IlIng Nlesand Iaw~ I cleclara that:. . ... .. . 1. I have read this applicatiol'l and all Infgrmation submitted to the Bclardls true,aecurate, anclcomplete; ~... All reQulredlntonnaaon has been fully dlSClo5ed; 3. .Iam the chJefexecutlvt.otrlcer .or the organlzatloni .... r assumdullftsponslbllltyfor the fair and laWful operatlonof atl actlvltles to be Q:-nduc:tad; . 5. I'willfamililtrizem~IfWI~ the laws of Minnesota govemlng lawful gambling and ,.ur. otthe al>ard and agree, If licensed; to. ,bide. by those. laws and ruleS, /ndUdlng amendments to them; 6. Any ~nges",apphCilUonlntonnatlOn wfll be submlltBd to the 808rd and local unit or gowmment wlthln 10 days. of. the change; and r,~~.:~-~_Of~~-or-;~0"'"'~ :t:~~...._aot"n) . - - . RequlflICI. AftIdI.......... 1. If the Prernlses Is leased, ~ a tlOP1~fvaur lease. USetormLG215 Lea5e rorLaM'ul GamblIng~, 2. AttiIdlthc resolution from the IocIII unltgf govammcnt (d\yor COIa'lty)Whlch shoWs appt()valof your application. 3. Far ead1 prel1l\$l:spermit appIkaIion, a .150 t1nnua1 premIseS permit fee Ii requll'Id. Mill<e tnt ChtCk payable to the "S1iite of Minnesota." Man the ilIpplication with t1bdvnents to: Glrrtiing Control Board 17U West County Road 8, SUite 300 South . RoIeYlIIe, MN 55113 rt:na ".....In monttllV.....ulatory t.. 01' 0.10A! (.001) of ifOa w,Ct!lIptI frOnIlawPultambllno conductAMI at: ""'.. The fat. Is rtporced. on eM 81 LawfUlGlmItIlng MOnthly Summ.rvand TaX balm alUlj;oIId with die monthlY tax .-.port. Questions? C11lthe I..Ic:2nsIng SectIon of the Gambllno ConIrcl. BOard ac 651~ IfytlU ... a'TTY, call the IIoard by using the MInnCSOta~5etWlllftdasktO p/aCea call to 6S1-639- 4000. 11'111 foIm win bllTlildeiVilllilble In altBmaUve format (Le.large . 'lie II P, 03 " " Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information Organization name ~ :-S0$6?t\ t,. \- \\<b...., ~ Street (ma. i li,,'r~clc:l~.s. ) '(,0. ~.-:S-o Name of chief executive officer (CEO) First name Fee - $5D.~ Check NO'. Previous lawful gambling exemption number X.. "f3~k7 State/Zip Code "":> City Last name Last name <; Type of Nonprofit Organization Daytime phone number of CEO ~ V"" fA. e.Cl de.. (3"ZD ) 250 -? qZ Daytime phone number of treasurer: (3Z0') 25- Check the box that best describes your organization: D Fraternal D Religious D Veteran D Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status . ~ IF1 Certificate of Good Standing from the Minnesota Secretary of State's Office (i-nl.4 ~+ bz.' c...u..rr"'U)t; D A charter showing you are an affiliate of a parent nonprofit organization D Proof previously submitted and on file with the Gambling Control Board Gamblin Premises Information Name af premises where gambling activity will be canducted (far raffles, list the site where the drawing will take place) ~ ~' ~'~.A/T ~'/?~ Address (dO' nat use PO bax) City /~W 4E s;- $.sE?;t./ Date(s) af activity (far raffles, indicate the date af the drawing) Z?f~ State/Zip Cade Caunty ~ (r',e It., Check the bax ar baxes that indicate the type af gambling activity yaur arganizatian will be canducting: D *Binga ~ Raffles (cash prizes may nat exceed $12,000) D *p~ddlewheel's D *Pull-Tabs *Equipment far these activities must be abtained fram a licensed distributar. This farm will be made available in Yaur name and and yaur arganizatian's alternative format (i.e. large print, Braille) name and address will be public infarmatian upan request. The infarmatian requested when received by the Baard. All the ather an this farm (and any attachments) will be infarmatian that yau pravide will be private used by the Gambling Cantral Baard data abaut yau until the Baard issues yaur (Baard) to' determine yaur qualificatians to' permit. When the Baard issues yaur be invalved in lawful gambling activities in permit, all af the infarmatian that yauhave Minnesata. Yau have the right to' refuse to' provided to' the Beard iil the process af supply the infarmatian requested; hawever, applying faryaur permit will became public. ifyau refuse to' supply this infarmatian, the If the Baard daes nat issue yau a permit, Baard may nat be able to' determine yaur all the infarmatian yau have pravided in the qualificatians and, as a cansequence, may process af applying far a permit remains refuse to' issue yau a permit. Ifyau supply private, with the exceptian of yaur name the infarmation requested, the Baard will and yaur arganizatian's name and address be able to' pracess yaur applicatian. which will remain public. Private data abaut yau are available only to' D *Tipboards the fallawing: Board members, staff af the Baard whose wark assignment requires that they have access to' the infarmatian; the Minnesata Department af Public Safety; the Minnesata Attarney General; the Minnesota Commissianers of Administratian, Finance, and Revenue; the Minnesata Legislative Auditor, natianal and internatianal gambling regulatary agencies; anyane pursuant to' caurt arder; ather individuals and agencies that are specifically authorized by state ar federal law to' have access to' the infarmatian; individuals and agencies for whiCh law or legal arder autharizes a new use ar sharing af infarmation after this Natice was given; and anyane with yaur can sent. '\ LG220 Application for Exempt Permit < -. 'it ~ Organization Name aT. ~ trS?,v ~ (') L. I' ;iCc.kl {;, l-tif-R'S Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Page 2 of2 3/01 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowiedge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. Check the action that the county is taking on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The city denies the application. o 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 Date~~_ Title 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 I authority to approve or deny an application (Minn. Stat. sec. It. @ 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date----1----1_ Chief Executive Officer's Signat e The information provided in this applic n is..com~and accur~ to the best of my knowledge. Chief executive officer's signature ~ Name (please print) B (1/ 'cc. Yl {) f' C. u H Date 0 ;;L I 0 / I Z. Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, ~efundable, or transferable. . Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION River Bats EA W, Westwood Professionals DATE: February 2, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM River Bats EA W, Westwood Professionals PREVIOUS ACTION The City has previously reviewed a draft EA W which was distributed for comments. A number of comments were made and the final draft was distributed for agency comment. The City received three comments which have been included in the fmal EA W. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the resolution Approving the River Bats Stadium Environmental Assessment (EA W) Finding No Need for an Environmental Impact Statement. FISCAL IMPACT COMMENTS/RECOMMENDATIONS Since the City is the Responsible Government (RGU) for the project, the City Council must accept the EA Wand Negative Declaration Page 1 of 1 Judy Weyrens From: Matt Vollbrecht [Matt.Vollbrecht@westwoodps.com] Sent: Monday, January 30, 2006 11 :40 AM To: Judy Weyrens Cc: Ryan Gideon Subject: FW: River Bats EAW Attachments: ResponseToComments.pdf Judy, here is the Response to Comments, Findings of Fact and the Negative Declaration for the River Bats EAW. I am hoping City Staff and Council Members can review the document and Adopt a Negative Declaration on the EAW at the next possible city council meeting. It looks like most of the comments really are in regard to the SWppp plan which cannot be done until we have final plans in place and so the concerns from the MPCA and Stearns Soil and Water will be addressed at that time. Matt Vollbrecht Environmental Scientist Westwood Professional Services 3701 12th St N, S!e 206 St. Cloud, MN 56303 DIRECT EMA[L MAfN FAX WEB 320-229-2311 matt. vollbrecht@westwoodps.com 320-253-9495 320-253-8737 www.westwoodps.com 1/30/2006 CITY OF ST. JOSEPH RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION FOR THE RIVERBA TS STADIUM DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) February 2, 2006 TABLE OF CONTENTS Page I NTROD U CTI ON ........................................................................................................................... 1 COMM ENTS RECEIVE D.............................................................................................................. 1 RESPONSE TO COMMENTS ............. ............. ........ ...... ........... .............. ............. ............. ........... 1 ITEM-BY -ITEM RESPONSES... .......... ....................... ...... ..... ............ ................ ........ ....... ............ 2 Item 8. Permits and Approvals Required........................................................................,........... 2 Item 11. Fish, Wildlife, and Ecologically Sensitive Resources .................................................3 Item 17. Water Quality: Surface Water Runoff ................................,......................................... 4 Item 18. Noise................ ....... ......... ............. ...... .............. ................. ..... ...................... .................. 6 Item 29. Cumulative Impacts ........... .~........ .............. ...... ........... ..... ...... ................ ....... .... ..... ......... 6 FIN DINGS OF FACT....... ......... ........... ........ ............ ....................... .... ...................... .......... .......... 7 Proj ect Descri ption ........................................................................................................................ 7 Criteria for Determining Whether the Project has the Potential for Significant Environmental 'Effects ........................................................................................................................................ .... 7 A: Type, Extent, and Reversibility of Environmental Effects. ....................................................... 7 B: Cumulative Potential Effects of Related or Anticipated Future Projects. ............................. 11 C: Extent to Which the Environmental Effects are Subject to Mitigation. .................................11 D: Extent to Which Environmental Effects Can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other Environmental Impact Statements. ...................................................12 RECORD OF DECiSiON...... ......... ...... .................. ....... ............. .... ....... ..... ........... ....... ............... 13 Page i CITY OF ST. JOSEPH RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION FOR THE RIVERBATS STADIUM DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) February 2, 2006 INTRODUCTION The Environmental Assessment Worksheet (EA W) was prepared, published, and distributed by the City of St. Joseph for the proposed Riverbats Stadium development pursuant to Minnesota Rules, Chapter 4410. The completed EA W was distributed to the Environmental Quality Board (EQB) and persons and agencies listed on the official August 2004 EQB EA W Distribution List in accordance with Minnesota Rules 4410.1500. The notification was published in the EQB Monitor on December 19,2005, initiating the 30-day comment period. A press release was submitted for publication in the St. Joseph News/eader newspaper. The 30-day comment period ended on January 18,2006. The EA Wand comments on it have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes the Response to Comments for all comments received by the City of St. Joseph, the Findings of Fact supporting the decision, and the Record of Decision. The purpose of an EA W is to evaluate a proposed project's potential for significant environmental effects. It is not to be used to justify a decision, nor do indications of adverse environmental effects necessarily require that a project be disapproved. EA W s are used as guides in issuing, amending, and denying permits and carrying out other responsibilities of governmental units to avoid or minimize adverse environmental effects and to restore and enhance environmental quality (Minnesota Rules 4410.0300, Subp. 3). COMMENTS RECEIVED Two agencies and one organization submitted written comments on the EA W. Three comments were dated or received prior to the comment period deadline. Copies of the comment letters are included at the end of this document. The following table lists the comment letters received in chronological order. Table 1.0. Comment Letters Received No. Comment Letter Received From Signatory Abbreviation Date 1. MN Department of Agriculture Becky Balk MnDoA January 3, 2006 2. Stearns County Soil and Water Conservation Wayne Cymbaluk SWCD January 17, 2006 District 3. MN Pollution Control Agency Debra Moynihan MPCA January 18. 2006 RESPONSE TO COMMENTS Minnesota Rules 4410.1600 states that the comments shall address the accuracy and completeness of the material contained in the EA W, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project. Comments that do not address these areas have been noted for the record, but are not necessarily addressed in the response. As part of the process in Page 1 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2,2006 determining whether an EIS is needed, the City of S1. Joseph must respond to all substantive comments received during the 30-day comment period (Minnesota Rules 4410.1700, Subp. 4 and 5). This document responds to comments on an item-by-item basis. Comments are organized by EA W Item number and addressed on an item-by-item basis. Agencies who commented are listed by abbreviation in random order at the start of each topic and item. ITEM-BY-ITEM RESPONSES Item 8. Permits and Approvals Required Agencies/Individuals Commenting: MPCA Comment Summary: The Minnesota Pollution Control Agency believes this project will need a permit from the Sauk River Watershed District. Response Table 8.1 below has been revised to include the Sauk River Watershed District Permit Approval. All required permits and approvals will be obtained. Any necessary permits or approvals that are not listed in the table below were unintentionally omitted. The Sauk River Watershed District was sent a copy of the EA Wand has not commented. Unit of Government DNR Division of Waters DNR Division of Waters ineer Cit Cit Cit Cit Cit Cit Cit Table 8.1. Permits and Approvals Required Status Sewer Extension Permit NPDES/SDS General Permit Watershed District Permit To be a To be a To be a To be a To be a To be a To be a To be a To be a To be a To be a Sewer Connection Permit Permits Note: All required permits and approvals will be obtained. Any necessary permits or approvals that are not listed in the table above were unintentionally omitted. Item 9. Land Use Agenciesllndividuals Commenting: MnDoA Page 2 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 Comment Summary: The MnDoA believes the project has the potential to have adverse impacts on viability of nearby farming operations. The MnDoA also suggests the City of St Joseph provide information to potential business owners about locating businbses near farming operations. The MnDoA encourages the City.of St Joseph to evaluate the proposal for its potential to stimulate scattered rural land uses that would conflict with the agricultural use in the agricultural area of the jurisdiction. Response The project proposer will be provided a copy of Stearns County's "What You Need To Know About Mooooving to the Country". No odor issues have been raised from existing residential and commercial areas adjacent to the proposed project. The project is located within the city limits of St Joseph and is adjacent to developed commercial and residential housing. This project does not have the potential to cause scattered agricultural land uses because it is located adjacent and will become an extension of existing non-agricultural land uses and will not form an "island" of non-agricultural land use in a predominately agricultural area. Item 10. Cover Types Agencies/Individuals Commenting: SWCD, MPCA Comment Summary: The MPCA and SWCD request clarification on the pervious parking identified in the Cover Type table in the EA W. Response Table 10.1 in the EA W mistakenly identifies 10.0 acres of pervious parking. This should read Class 2 Parking Lot. The following Table 10.1 is correct. All areas of parking will be treated as impervious for storm water design and storm--water ponding will be sized accordingly. All parking areas will also meet MPCA requirements for storm water runoff. If geo-technical borings indicate sandy soils where infiltration may be possible on the Class 2 parking areas, the project proposer will attemptto incorporate measure to accomplish some infiltration in these areas. Table 10.1. Estimated Before and After Cover Tvpes Land Cover Before (acres) After (acres) Cropped Field 23.8 0.0 Grassland 1.5 0.5 Woodland 2.0 0.5 Delineated Wetland Types 1 throuah 8 I 0.9 0.9 Road Riaht of Wav 0.3 0.3 Impervious Surface 0.0 7.6 Class 2 Parkina Surface 0.0 10.0 Commercial Buildina/Stadium Area 0.0 7.8 Lawn and Landscapina 0.0 2.0 Stormwater Manaaement Ponds 0.0 1.8 Abandoned Gravel Pit 2.9 0.0 Total 31.4 31.4 Item 11. Fish, Wildlife, and Ecologically Sensitive Resources Page 3 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 Agencies/Individuals Commenting: SWCD, MPCA Comment Summary: This section discusses 7.8 acres of storm water management ponds and Table 10.1 identifies 1.8 acres of storm water management ponds. Please clarify this discrepancy. Response The project will contain approximately 1.8 surface acres of stormwater ponding after the site is developed. The ponds will have a storage volume of 7.08 acre-feet, this is where the discrepancy came from. Table 10.1 contains the correct data. Plans have not been finalized and exact storm water pond sizes and locations have not been finalized. Comment Summary: The SWCD feels the EA W contains a general statement that the preservation of some natural areas on the site along with the creation of storm water management ponds will mitigate some averse affects on wildlife and the comment does not address how it will mitigate the effects. Response The project will impact mainly cropped field on the property. This field is currently utilized for crop production and is therefore plowed, planted, maintained and harvested on a yearly basis. Any wildlife utilizing this field is acclimated to movement on and off the field as agricultural practices are conducted. The project proposer has worked to retain the undisturbed natural areas around the wetland and woodlot on the property. This will ensure that some useable habitat will remain on the site after development. Item 12. Physical Impacts on Water Resources Agencies/Individuals Commenting: SWCD Comment Summary: How will this development impact the source water assessment area or future well head protection area? Response The City of 8t Joseph is currently formulating a well head protection plan for its well field. The cities well field is located near the intersection of CSAH 2 and Interstate Highway 95, approximately 11,700 feet west of the Riverbats site. The City of St Joseph has no plans for any wells in the area at this time. The Riverbats Stadium is expected to have no effect on the City of St Joseph's well head protection area. Item 13. Water Use Agencies/Individuals Commenting: SWCD Comment Summary: . The SWCD requests a detailed plan for dewatering and water management be created. Response It is not known at this time if dewatering will be necessary. Prior to final plat, full engineering plans will be completed and a determination of utility depths and the need for dewatering will be determined. As the EA W indicates, if dewatering becomes necessary,. the contractor will need to obtain a dewatering permit from the MnDNR and will provide detailed plans that will address dewatering discharge. Page 4 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 Item 16. Erosion and Sedimentation Agencies/Individuals Commenting: MPCA and SWCD Comment Summary: The relationship between the project proposer and the SWPPP are unclear. The SWCD has concerns the SWPPP will not be followed and the EA W just gives general conditions and not the details of the SWPPP. Response The project proposer's engineering consultant will work with the City of St Joseph to complete the SWPPP in accordance with MPCA requirements. The Steams County SWCD and the MPCA will have an opportunity to review the SWPPP when it is complete. The EA W can not give details to the SWPPP at this time because final plans for the site have not been completed. All storm water locations and plans will be completed and incorporated into the SWPPP, best management practices will also be described in detail. When construction commences, the City and project proposer will work together to ensure erosion control measures are implemented and proper devices are installed properly and inspected in accordance with the SWPPP requirements. Comment Summary: The proposal indicates 100,000 cubic yards of dirt will need to be moved, it appears the proposal is not designed to fit the topography ofthe site. Response Due to the nature of a stadium and associated parking lot, any site would require extensive grading. It is in the developer's best interest to minimize the amount of grading from both an exposure and cost perspective. Final engineered drawings have not been completed at this time and are not required by the city until final plat approval. The site plan and final engineering will take into account sewer availability for the stadium, minimizing grading, stadium site lines, traffic flow and many other site critical items. Site development will require developing a SWPP plan and obtaining a NPDES permit at the appropriate time. The site is proposed to be developed in two phases to control erosion on the site. The stadium and parking will be completed in one phase and the commercial area in a second phase. Item 17. Water Quality: Surface Water Runoff Agencies/Individuals Commenting: MPCA and SWCD Comment Sum~ary: The change in water flow and possible effects on the wetland should be studied. Storm water discharge should be discussed in more detail. Response Water flow across the site will be analyzed as a part of the final engineering plans. No negative effects on the wetland are expected from the development of the site. Currently the site drains into the wetland. The preliminary hydrology study and storm water study have planned to catch storm water from the site in a series of storm water ponds and outlet it into the wetland after treatment during storm events. The ponds will be designed to be dry ponds that will allow infiltration during smaller storm events. The final pond will be located adjacent to the existing wetland and act as a buffer between the wetland and the development. This will result in the wetlands on the property receiving the same amount of water as pre- development. The rate of water entering the wetland will be reduced so water enters the wetland more Page 5 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 slowly. In addition a portion of the wetland that is currently being fanned will be protected and allowed to re-vegetate with native plants and this will result in less erosion and will reduce the amount of sediment entering the wetland. Item 19. Geologic Hazards and Soil Conditions Agenciesllndividuals Commenting: SWCD Comment Summary: The soils information from the 1985 soil survey is outdated. Response The citation in the EA W was incorrect; the information given was from the SSURGO soils website (http://soildatamart.nrcs.usda.gov) and should be cited as: USDA NRCS, SSURGO database for Stearns County, Minnesota (2005). Comment Summary: The EA W identifies the area of the development as an area. that is high in ground water sensitivity to pollution. The SWCD would suggest three feet of separation from bottom of storm ponds to the water table. Response Geo-technical borings indicate the two ponds planned in the commercial portion of the development will be located more than six feet from ground water. The final pond is set lower, adjacent to Wetland A. The project proposer will investigate using infiltration basins and other measure to reduce the size and raise the elevation of this pond. A possible solution that will be investigated would be to slope all the parking to the south and construct a series of infiltration basins along the southern edge of the property. Because design plans for the site have not been finalized detailed storm water plans cannot be completed at this time. Item 20. Solid Waste, Hazardous Waste and Storage Tanks Agencies/Individuals Commenting: SWCD Comment Summary: The handling of hazardous waste has not been addressed in the EA W, How will materials be handled and stored so the waste is not subject to vandalism as required to be defined in the SWPPP? Response Any hazardous materials used in the construction of the site will be used, stored and handled in accordance with state and federal regulations for the materials. The contractor using the materials will be responsible for the proper use and storage of these materials. The SWPPP plan when it is prepared will detail the plan for storage and handling to prevent vandalism to any hazardous materials. Page 6 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2,2006 FINDINGS OF FACT Project Description Proposed Project The 31.4-acre Riverbats Stadium development is proposed immediately south ofCSAH 75 and east of 88th Avenue in the City ofSt. Joseph. The development will include the construction ofa 3,400 seat baseball stadium and approximately 260,000 square feet of associated commercial/retail development. Minnesota Rules 4410.4300 Subp. 34 states that an EA W is mandatory for projects that result in a seating capacity of 5,000 people of more. The proposed Riverbats Stadium Development does not exceed this mandatory EA W threshold, but due to traffic and noise concerns the Project Proposer volunteered to complete an EA W. Site Description and Existing Conditions The existing site conditions include one major land cover type: agricultural field, and three minor types (1) grassland, (2) oak forest and (3) wetland. Criteria for Determining Whether the Project has the Potential for Significant Environmental Effects Minnesota Rules 4410.1700 Subp. 1 states "An EIS shall be ordered for projects that have the potential for significant environmental effects". In deciding whether a project has the potential for significant environmental effects, Minnesota Rules 4410.1700 Subp. 7 indicates the City ofSt. Joseph must consider the following factors: . Criteria A: The type, extent, and reversibi1ity of environmental effects; . Criteria B: The cumulative potential effects of related or anticipated future projects; . Criteria C: The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and . Criteria D: The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other BISs. A: Type, Extent, and Reversibility of Environmental Effects. Finding 1. Site and Project Description. The 31.4-acre site includes cropped fields, grassland, woodland and wetlands. Development will be city sewered commercial to minimize effects on the environment. Project development is expected to convert approximately 23.8 acres of cropped agricultural field, 1.0 acres of grassland, 2.9 acres of abandoned gravel pit and 1.5 acres of woodland to commercial land use, including roads, buildings and parking lots. Preservation of approximately 0.5 acres of woodland, 0.5 acre of grassland, 0.9 acres of wetland, and the creation of 1.8 acres of storm water management ponds, is expected to mitigate adverse effects on wildlife to some degree. Best Management Practices (BMPs) Page 7 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 will be implemented during and after construction to protect water quality and reduce the potential for soil erosion and sedimentation. 1. Project Magnitude. The project includes a 3,400 seat stadium and up to 260,000 square feet of commercial development. ' 2. Land Use. According to USDA color aerial photography (2003), existing land use surrounding the site includes single-family homes and commercial businesses to the north and west, agricultural farmland to the south and wetland to the east. Historical aerial photography indicates thatthe site has been in agricultural production since 1939. The property currently consists of tilled agricultural fields, woodland, wetland, and an abandoned gravel pit. 3. Fish, Wildlife, and Ecologically Sensitive Resources. Fish and wildlife resources on and near the site are directly related to the composition, quality, size, and connectivity of natural communities including grasslands, woodlands, and wetlands. Westwood Professional Services, Inc. conducted a field review on July 7, 2005 to map the cover types and assess the quality and quantity of woodlands and wetlands on the site. The cropped fields cover approximately 24 acres and have been farmed for agricultural crops since at least 1939 based on examination of historical aerial photographs. Wetlands cover 0.9 acres on the site. Deciduous woodlands include about 2.0 acres of oak-aspen forest. Most of the overstory is dominated by bur, red and pin oak and quaking aspen. Other tree species include red maple, black cherry, hackberry and green ash. The woodland understory consists of smooth sumac, common buckthorn and red cedar. The herbaceous layer includes smooth brome, poison ivy, purple cranes-bill, false Solomon's Seal and Virginia creeper. Woodlands on the site are primarily located in a thin band in the eastern portion of the property forming a divide between the cropped area and a large wetland located off the property to the east. 4. Water Resources. The site contains a total of 0.9 acres of wetland located in one wetland basin. Westwood Professional Services delineated and flagged one wetland on the property on July 7,2005 using the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987). The level two routine delineation method was used in which sampling transects were established in a representative transition zone of identified wetlands. Transects consisted of one sampling point in upland and one point in wetland. Soils, vegetation, and hydrology information were recorded for each point on data forms, which are included at the end of this report. Species dominance for vegetation measurements was based on the percent aerial or basal coverage visually estimated within a 30-foot radius for the tree and shrub layers and a five-foot radius for the herbaceous layer within the community type sampled. Steams County Environmental Services reviewed the wetland boundaries in the field and confirmed that they are acceptable for local administration of the Minnesota Wetland Conservation Act in a letter dated September 29,2005. 5. Water Use. The site will be served by the City of St. Joseph municipal water supply, which is authorized to pump up to 1,750 GPM or 150.0 MGY from three municipal wells under DNR Water Appropriation permit number 89-3101.The City of St. Joseph will submit an application to the Minnesota DNR to amend the City's Water Appropriation Permit to cover the increased appropriation necessary to serve continued growth of the City and development of the site. DNR records indicate that, during 2002, the City pumped 160.7 million gallons, exceeding the authorized volume by 10.7 MGY. Since 2002, the City of St Joseph has discovered and repaired a major leak in their water main. This repair and the planned expansion of the municipal well system will serve the continued growth of the City and development of the Site. 6. Erosion and Sedimentation. Because construction of developments within the project area will disturb at least one acre of land, application for coverage under the NPDES/SDS General Permit Page 8 -RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 must be submitted to the Minnesota Pollution Control Agency (MPCA) prior to initiating earthwork on those projects. This permit requires: (1) management of stormwater discharge during construction, (2) use of Best Management Practices (BMPs) to control erosion, and (3) inspection of all erosion controls at least once every seven days during active construction and within 24 hours aftera rainfall event greater than 0.5 inch in 24 hours. 7. Water Quality - Surface Water Runoff. The quantity of surface water runoff will increase during storm events as additional impervious surface area is added with the construction of pavement and buildings. The increase in impervious surface will be mitigated by construction of stormwater ponds designed to increase the total flood storage volume on the site and handle run-off nutrients from up to a 100-year storm event prior to discharging to wetlands. Construction of the stormwater ponds will adhere to the City of St. Joseph's stormwater management requirements. Stormwater generated from this development will be routed into a series of planned stormwater ponds that will provide rate control and water quality treatment prior to discharging to wetlands on the property. Stormwater will be pretreated in the stormwater ponds prior to discharging to wetlands and waterbodies. The ponds will be designed in accordance with NURP (Nationwide Urban Runoff Program) standards to handle alOO-year storm event. In a 100-year event, stormwater will be retained in the ponds and discharged at or below existing peak runoff rates. The stormwater ponds will be designed to protect water quality by removing suspended sediment and nutrients; and provide flood flow desynchronization by reducing runoff rates from the site. All storm water pond designs will be inspected by the City of St. Joseph's City Engineer and approved by the City Engineer before final plat approval. 8. Water Quality - Wastewaters. Only normal commercial wastewater production is expected. The types of wastewater produced will be typical of commercial developments. No on-site municipal or industrial wastewater or sanitary sewage treatment is anticipated. No onsite sanitary sewage treatment is proposed. All wastewater from the site will be routed through a series of lateral and trunk sanitary sewer pipes and exported conve-yed to the St. Cloud Regional Wastewater Treatment Plant (WWTP). As of October 2005, the current average flow at the WWTP was approximately 10.0 MGD. The Mississippi River is the receiving water body for the St. Cloud WWTP discharge. The Sewer Use Agreement between the City of St. Joseph and the City of St. Cloud was amended on August 27,2001 providing surplus conveyance capacity in the Waite Park and Pan Interceptors for the City of St. Joseph. This brings the current total surplus capacity available for St. Joseph to 116,820,925 GPY (gallons per year), or 320,068 GPD. Total conveyance capacity available to the City of St. Joseph is an average flow rate of 2, 100,000 gpd. The total treatment capacity available is an average flow rate of 600,000 gpd. 9. Traffic. A traffic analysis was performed to assess the traffic implications of the proposed RiverBats baseball stadium on the surrounding external street network. This traffic analysis addresses the impact of pre- and post-game traffic expected to be generated by the stadium. The following conclusions were reached during the study: The RiverBats baseball stadium is expected to add about 1,076 total trips to the external roadway system during pre-game and post-game periods. The analysis condition for this study assumed that vehicle arrivals would fill the parking area to capacity. The great majority of games are expected to start at 7:00 P.M. During the previous season, 34 of 36 games started at 7 :00 P.M. The phenomenon of tailgating will spread traffic demand before games. Low background traffic volume levels after evening games will reduce the potential for traffic congestion. The signalized intersection ofC.S.A.H. 75 ! 88th Avenue will function with acceptable Levels of Service (LOS "C" or better) during weekday evening pre-game and post-game periods. The existing roadway geometry will prove adequate to accommodate pre-game and post- game conditions. The signal timing at this location will require modification to provide more time for the west to southbound left turners during the pre-game peak time. C.S.A.H. 75 ! 88th Avenue will operate at LOS "D" or better during Saturday afternoon pre-game and post-game periods. Page 9 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 However, only two such games are expected to be scheduled during a typical year. The northbound right turn at the intersection of C.S.A.H. 75 / Street B will function at LOS "F" during the half-hour post-game for weekday evening games. The frequency and duration of the congestion are low and considered acceptable for post-game conditions. The calculated delay is approximately two minutes for vehicles after they have exited the parking lot area for evening games. The results of queue length analysis for traffic movements of concern did not result in problematic situations. The left- turn lane storage for the west to southbound left turn at C.S.A.H. 75 and 88th Avenue will be adequate for pre-game conditions. The northbound queue lengths approaching C.S.A.H. 75 and 88th Avenue are not expected to be problematic. As a result of preliminary traffic analyses, the largest parking lot area was reconfigured to provide access on both the east and west sides. This change was important to effectively facilitate the entrance and exiting of vehicles. It is anticipated that the planned parking lot layout will safely and effectively accommodate the forecasted parking demands before and after games. 10. Vehicle-Related Air Emissions. Increased.traffic will generate a relatively small corresponding increase in carbon monoxide levels and other vehicle-related air emissions. Baseline air quality monitoring or predictive air quality modeling has not been scheduled at this time, and no measures to mitigate air quality impacts have been considered. The project is expected to have a negligible impact on air quality. 11. Odors, Noise and Dust. It is also anticipated that noise levels will increase locally during construction of the development. Noise levels on and adjacent to the site will vary considerlibly depending on the number of pieces of equipment operating simultaneously, the percent oftime in operation, and the distance from the equipment to the receptors. Land uses adjacent to the Riverbats Stadium development area include agricultural, commercial and residential. The most sensitive noise receptors are the residential homes located west of the site. Construction activities will be limited to the hours from 7:00 am to 7:00 pm to help minimize effects of noise. The effects of construction noise are usually not considered serious (Highway Traffic Noise Analysis and Abatement Policy and Guidance, Federal Highway Administration, June 1995) 12. Nearby Resources. A cultural review was requested from the State Historic Preservation Office (SHPO) in advance of EA W publication to expedite the review process. Based on their review, the SHPO concluded that there are no recorded archaeological sites or historical architectural properties in the project area. There are currently no structures on the property, so historic structures will not be impacted during the development of the Riverbats Stadium property. 13. Compatibility with Plans and Land Use Regulations. The Riverbats Stadium property is located in District 15 as identified in the City ofSt. Joseph's Comprehensive Plan. The City ofSt. Joseph has identified the area around the proposed stadium as being suitable for tiered higher intensity uses such as commercial and high density residential adjacent to future collector street intersections An amendment to the City ofSt Joseph's Comprehensive Plan will be required due to the proposed stadium. The project proposer will work with the city to ensure the amendment is completed as a part of the platting process. The project is compatible with existing and predicted future adjacent land uses. No land use conflicts are anticipated. 14. Impact on Infrastructure and Public Services. Public and private infrastructure improvements will need to be constructed in association with this development. These include public safety and educational services, roadways, the stormwater system, electrical lines, telephone lines, and continued improvements and upgrades to the sanitary sewer system and water supply system as detailed in applicable plans and policies adopted by the City of St. Joseph. Page 1 0 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 15. Cumulative Impacts. Potential cumulative effects of anticipated future projects are not known at this time, and depend largely on the type, location, and density of development. Therefore, it is not known if these future projects will interact with the proposed project in such a way as to cause cumulative effects. If future developments meet or exceed the thresholds of any mandatory EA W category, their potential impacts will need to be addressed in a separate EA W. 16. Overall Finding. No commenting agency found that the EA W was incomplete or lacking in content, analysis or review. Therefore the Riverbats Stadium EA W combined with the Response to Comments included above is complete and accurately assesses potential environmental impacts for the Riverbats Stadium Development. B: Cumulative Potential Effects of Related or Anticipated Future Projects. Finding The Riverbats Stadium development has been planned for full development. The project proposer owns no additional land near the site. No future stages are planned or anticipated for this project. C: Extent to Which the Environmental Effects are Subject to Mitigation. Finding Environmental effects on groundwater, traffic, and water quality are subject to additional approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances, management plans, and permitting procedures. The following permits and approvals are required for the project addressed under the EA Wand these permitting and approval processes will provide additional opportunity to require mitigation. Unit of Government DNR Division of Waters DNR Division of Waters MN Pollution Control A enc MN Pollution Control A enc Sauk River Watershed District Stearns Count En ineer Cit Table 8.1. Permits and Approvals Required NPDES/SDS General Permit Watershed District Permit Status Note: All required permits and approvals will be obtained. Any necessary permits or approvals that are not listed in the table above were unintentionally omitted. Page 11 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 The potential environmental effects associated with this project are not significant and will be mitigated in compliance with applicable rules, regulations, and permit requirements. The City of St. Joseph therefore finds that the potential environmental effects of the project are "subject to mitigation by ongoing public regulatory authority" (Minnesota Rules 4410.1700 Subp. 7.D.). D: Extent to Which Environmental Effects Can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other Environmental Impact Statements. The final factor the City must consider is the "extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or ofEIS's previously prepared on similar projects" (Minnesota Rules 4410.1700 Subp. 7 (D)). The City's findings are set forth below. 1. The proposed project is reasonably similar to other commercial development projects located in the City of St. Joseph and in surrounding communities. Other projects of similar scope, accompanied by similar land use, natural resources, surface water, traffic studies, and associated mitigation, have, in general, successfully mitigated potential environmental impacts. 2. The EA W, in conjunction with this document, contains or references the kllown studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. 3. No EIS that addresses a similarly sized project is known to be available in the City of St. Joseph or the surrounding area. 4. In light ofthe results of environmental review and permitting processes for similar projects, the City of St. Joseph finds that the environmental effects of the project can be adequately anticipated and controlled. Based on the original EA W, comments received from agencies and individuals, the responses to comments, and the criteria above, the City of St. Joseph fmds that the Riverbats Stadium development does not have the potential for significant environmental effects and does not require the preparation of an EIS. Page 12 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Riverbats Stadium Development Environmental Assessment Worksheet (EAW) February 2, 2006 RECORD OF DECISION Based on the EA W, the Response to Comments, and the Findings of Fact, the City of St. Joseph as the RGU for this environmental review, concludes the following: 1. The EA W was prepared, published, and distributed in compliance with Minnesota Statutes, Chapter l16D, to implement the environmental review procedures established by the Minnesota Environmental Policy Act and Minnesota Rules Parts 4410.1000 to 4410.1700 (1997). 2. The EA W, combined with the supplemental information contained in the Response to Comments and Findings of Fact, satisfactorily addressed and responded to all of the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. 4. An EIS is not required for the Riverbats Stadium development. 5. The City Council of the City ofSt. Joseph adopts a "Negative Declaration". Page 13 Resolution No. A RESOLUTION APPROVING THE RIVERBATS STADIUM DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET (EA W) FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) WHEREAS Minnesota Rules 4410.4300 Subp. 34 requires that an EA W be prepared for stadium projects that include 5,000 or more seats; and WHEREAS On December 17,2005 an EA W was completed for the Riverbats Stadium Development, which is designed to include a 3,400 seat stadium and 260,000 square feet of commercial space; and WHEREAS Beginning on December 19, 2005, copies of the EA W were distributed to all persons and agencies on the official Environmental Quality Board (EQB) mailing list and other interested parties; and WHEREAS On December 19, 2005, the EA W was publicly noticed in the EQB Monitor, commencing the 30-day public comment period; and WHEREAS On December 19, 2005, a public notice was submitted for publication in the St. Joseph Newsleader newspaper to announce the completion ofthe EA W, its availability to interested parties, and the process for submitting comments on the EA W, and WHEREAS The 30-day comment period ended on January 18, 2006 at 4:30 p.m., and WHEREAS The City of St. Joseph accepted and responded to all written comments received: NOW THEREFORE BE IT RESOLVED THAT: 1. The EA W was prepared, published, and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700 (1997), 2. The EA W, combined with the supplemental information contained in the Response to Comments, satisfactorily addressed all the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required, 3. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects, 4. The City of S1. Joseph makes ~ "Negative Declaration" on the need for an EIS, 5. The St. Joseph City Council adopts a "Negative Declaration", 6. An EIS is not required, and 7. The City of S1. Joseph shall maintain a Record of Decision, including the Response to Comments on the EA W, and will notify in writing, within five days, all persons on the EA W distribution list, all persons who commented in writing during the 30-day comment period, and any other person upon written request. The City of St. Joseph will also send notice of this decision to the project proposer and the EQB. This resolution adopted by recorded vote of the St. Joseph City Council in open session on the 2nd Day of February 2006. Mayor of St. Joseph ATTEST City Administrator Reviewed by administration Approved as to form and execution City Administrator City Attorney Comment Letters Received Comment Letters Received MINNESOTA DEPARTMENT OF '. ,AGRICULTURE ~. nU'M TUE FARN1 TO YOUR FAMIO' 651-201-636~ Becky. balk@state. mn.u~ January 3, 2006 Judy Weyrens City Administrator City of St,. Joseph 25 N. College Ave, St. Joseph, MN 56374 RE: Riverbats Stadium Development EAW Dear Ms. Weyrens: Thank you for the opportunity to review the Riverbats Stadium Development Environmental Assessment Worksheet. The proposed development may have the potential to have an adverse effect on the viability of the nearby farming operations. Although it is not clear in the EAW if any feedlot operations are nearby, a baseball stadium and commercial development in close proximity! to existing feedlots is likely to result in complaints by new neighbors about odor, dust, noise, . and/or hours of operation. To help mitigate this potential conflict, we would like to suggest that the City consider providing information to the potential business owners about locating near farming operations. Informing nonfarm residents about life near agricultural areas is a tool that has been used by local governments to help lessen potential conflicts between nonfarm residents and agricultural uses. For example, some local governments require a statement to be recorded on property when development occurs near agricultural areas acknowledging the possible issues associated with locating near a farming operation. Others require potential buyers of property to be given this type of information, Stearns County has developed a brochure called "What You Need to Know About Mooooving into the Country," The Minnesota Farm Bureau Federation has also developed a brochure called "Moving to the Country" that you may wish to review and consider using. The Farm Bureau may be contacted at 651-905-2117. We would also like to encourage the RGU to evaluate the proposal for its potential to stimulate scattered rural land uses that would conflict with the primary agricultural land use in the agricultural area of the jurisdiction. J '-- Sincerely, '"i :l " ',I / .t-.:J (L.,," ",,- .', '," '\ I' l-, . .,."..-!._.._J..... P \~.. ,...........\ Becky Balk, Agricultural Land Use Planner Agricultural Resources Management and Development Division cc: Joe Martin Paul Burns Bob Patton (,\;:!;....::'tX ~.:'f::.Jf\~P!:,.. . . ;,\ !',I ';'v ;~8 /(!1I1i ;.:/'('1" or :,;'/' I( )l'j'I'>I , of \-')....:, U 625 Robert Street NOI"th · St. Paul, MN 55'155-2536 · 651-201-6000 · 1-800-967-AGRI. www.mdil.slale.mn.us An Equal Opporfuni1y I:mp/oy('". TTY: 651/297-5:~53/1-8{)O-627-3529 Ja.n. 1 S, 2006 11: 04AM STEARNac6UNTY SWCD/NRCS No, 2245 p~ 2/4 Stea SDU,.' uo.Seco Webslte: County ! '\water cC):"..rvatiCJn,ai_ld Ii ii I' .... ,Suite 128",. walt. park/ MH' 563$7 . ter.co.srearns. . n.U! PhOn,r {320r2S -7. .: eXt. 9 Fax: (320)2S :~917l :' J'll11uaty 17t2006 .rudyW~ens Cit;y of St; Joseph 2S :North College Avcn~. st.Xos<:ph,MNS6374 !i' Subject~Riverbats StadiUlllJ~W : \ Oear Ms. Weyrens: i .' i 'I' : p-U>Colp-d\cf4~ta intO~&~ "'-fOlbbeet,.,.cw. II 0uc_#14.Coy.er.'.Types~s'te8ie,no. red'UC.tth.e.pI'. OIJOscaCreati.. 'on. O....f.2.7..4~.,.~Qfimpcrn...:... "ou.ssui-. ,faCeS should be emdiedto minimize overall negative en'VirQnmcntal impaCts (Ul:I.Pe1'V10~ surfaces + parking surface, +~al ai1d~iU1i'1 .. + lawn and landscapmg==27A acres). . A1te~tiv~parkinglotde$igni ' '. including pervious pavers. andls..unk. eniS.l. ands shOlild.'b. e. consid<<ed.Other..... '..lOW im~~tde.... rye.1QpniCnt-stta.tegies ~., 0:. ~~.~..'~. :.().:d...or..::t:.~~.~.l..,:as..en..t;.an.'S~..so~.~:m.~. tm.aoti....~.:. =.'...:r..... a1.h':..~.am.~.:.~..~...i.... d..t.::...:~..ta.. ~~.CI... .tel: p~ous pavements. C.' lass n ~tetia1sh~uldnotbe:CO~idered.p.m:l:." 'OllBnia ~~. p. O?iallyon $l'eM. '. hiC~.. \ will be used fordri\lingsurfacfs Or parking areas; During and after eonstroctionsoUsurfacoun . the I i CIassllmaterial willbo CO:01Ptcted to the point of' being not able to.infi1trate any srmwatcr. !' : i '. Ou~tion #11. Fish. Wildlife.,. ~' d &61. ogica.ll'Y S~itiveResource~. There is a ~~Icrepanoy in the .i Cumulative area of storm wa~ pOnds to be created. ThetableinQUcstioIi: .10 indic tCs that.'l.8 acrcsaid Question 11 indicates S.7aoreJ;Thisdifferenee couldpQtential1y iiUpaetthediso ".ge ve1OQities@dslorage volumereq~jn the storm Water calculations. ThefollowingEA,W:comment i~. ..generahtatententfmd i: does not ad~8 how it will acluallymitigatetheadYonoeffoctsQn:Wildlife this '.' . 'l()pm~tmaYha;~. .';" \ i "p~atio~ .Of apprO>dmattl~o..5 ao~s.ofW.' c)Odland;.O. ..;9.'~S. ofWet1an. . . ". dmdOS llCro." .~Ofgra&Bliui. d. ' : combmed W1th the creatiOJ1of$bOut S;7acres of storm water managemeJ1t ponds, is , ~~ to mitigat .':: adverse effects on wiJdlifeto spIllcdcgxeeu i i . , I; J 1 OuestiOn# 12. Physical Impa~tQD Water Resourc~s;HowwiJl this development imrt- thesoUt(lcwa* asscssmentareaorfuturcweU\head'pro~tionarea? , "I.'. ": . j. ". ,". '. . 'l-..' i '. 0Uesti~t# 13. water Use. A~etaiicdPlandiSClWing.the.~w~mng'Pr.o(jCsS~dhllWiliCdCVC10P~i' ill: manage the water toprevCIlt $diler6sionatidpotential~~ivo 'impaOt$:to "Waters. ftb,OStatc",sb,cmld.:. ..... Ii. !,l.' created. Most often dewate~.isDotadeq~elyaddreslledii1the'St6nn Water Poll' UQnPl'eve.ntioD P1 '. When <k:watcri.ng is o~tlined i1theStonnWaterpollutioJlPreventi()~PlanisDotfol owed thro~8hinth!.. !; , field dunng construotion. .... 'i .... \ ! ~ i ! 1 \ ! EQUALOPPORTUNm' EMPLOYeR i,." , , " , I"': JarI. 18. 2006 11: 05A'M STEARNS COUNTY SWCO/NRCS', " ~, ,. ,NO.2445l i? 1~/4 , ," ' , " I OU~$ti()i1 #l~; Brotionand SedimeI1taUon. , The pr()p()salindic~tes 100;000 Yd3ofnia~al ~, be ~,""~ over 31aCIes. It ap~ that the proposal is not'being designed tofitth~topograpb ,,' of the 's~te. ,Strateglcs should, be studied to,reduoe the,vplume ofmaterial'movodandto rnitlirni"..e distutb<<l ~doompacwds()il afess. rh~ reduction' of disturbed soil areas wouldreducc the cumUlative impacts from soi1! oompaction and ve,etauon te1l1oval. Th~ POtential tor scdim~t lade:nstonnwatctreaoliliig the W'ctll\iJ.ds W~uld be "'{tIY high if~:tl:pO$ing 29 aeresatOhetbne. ' ,,",',' ~l ,', " ' ,i,' ';' ,In ~EAW,~iti~ mcnti(mCdthat~e NP~ESPCJ:IpitWUl~'$ppIic,d for andtheennifrcq~CIlJ,willl~~' followed. Inreal1ty tnostdevelopers~ builderS, contrao~ots tieverlO())c.atthe Sto Water, Pollution ' '!! Prev~tion Plan and dOnoithorough1yundersr@dth~'permitteqUitements.Th ',ptobleiniSCOUn~Wi~;In addition, there appears to be aShortaicofcrosiQu.and scdit:x1cnt cotJtrOl eompantcs to install b6st:' . , management praetioesto,adcquately address tho:NPDES Pe#l\tt r~ements; . Th~C9nCC1'Q.is~t the $i~ is ' too large, even ifthedeve10pment is phase4.tobe abletoeffioieritly :nanage all !thatis re<lutted byNPDES Permit ul_tely resulq in neptive envirolunental impacts. . , " j , .' ,:. -. .' j.' ," .' 1 I It is unclear in ,the EAWwhs.ttypeofbest ~g~nt:pra(ltioes~:~ ~usecl,lthefOll()WingshO~! 1(1 ~~ be 'consideredanop~on f6rmIetproteotion;:In1etp~ectiOlfmmg,~eoleXtile fabno' ,,' " , 'theinlet .~" . &14\': $\lp?O, rt~d~y i boarc an, " d .sand b~pShoulc1 not, .l>>tllO)Vcd ;beoaus,e ,~t,does not w,r,p,ro~tinlets, fro~,' s;dUnentation. Tbc,malCr1a] plugs and due t(l highQ)alntenanccthe Inlets. becom ' neglected. Rock$~ka, O.r other inlet protection woUld bemoreap~opriate. ,,' ' 1 ' , : I: , " Under ite.m.D2 shQuldread21 days instead Qf 12 based on NPDESpmnitrcqu.it~cnt$. It would not hUrt to shoot for 12 daYU$ the ~UJntime thcdist\ifbcdSoi1sat'eM to llee1Cposed, i ' ; . - I . I, ~elast~~~hin, <Sica, 'tes"thatth~City, OfS~;10~CP~.W,il,l~OW, 1htOro~~d~~~,',.i,Is this a couflictofmtmit'1 ple CI"OslonaUcl sedimelJ.tcontrol,plans shouldbo ~~Cd bya third Pmt'. ! ; The StomiWater PolltitionPrevention Plan when o.reated Will ~io olearly de~eandOUtlineeD~tlY ~ow 'each requirement in the NPDESpermit will be handled hytbe contractor. Thc s'*.Ple language hirh. BA W is too general and WQulclnQtgive thecontrowtor enough information on what n~(lsto occUr onsite dVringthe construction process. ! ' . I , " , ,I, I ,: Ouestion #17. Wat<< Qlality. Thechan,cin surface aQd,rolpld'waterflow ShO:t' dbe 9tudicd (lloselr. It ~: becoming llp~t thatclumainathe water~edof OXistingwct1anc1sl$ the po '. tilll tomundate or, WVi wetIandsof'hYdro1ogy. l'heinstall$tionof'buriedutiiitie.slmes andstotal watet !' ds inIao iDdircC~Y t impacting ground water flow and hydrology to wct1an.ds~I>Urii1gconstruotionand after the development is: in place. wetludsstart to show the ftW1tB ofmdircct impacts. ThiS6ftcnl'Clsults in d,nrorcementaction-Which - puts undo stress onretauonship between the developmentcommwUty'and looaJ.g~vcmmCut offioials.jPlease have the project. reviewers take additional time tooonsider th~ potential imPaCts;~t lhisdeveloPmeX1f will have on the CQVtt01iinCnt. . l' Ii .. ThO, s,t,Olm W8tetinttastruCture, WiUbe," deS,l.gned,'" t o,remo, VC, wha 'Hype, iatl"d,perocn, 'ta 'c, ,OfnUtrientsmthf. sto,~' water from. a 100 year stOrm event? ,!! ; . .. ' , i' What will prevent the stoni1 watQrponds'fromremoviJigthcexistirig wctlandhyloay? " !i .. I '.' '. . '. '. 1:' I What will prevemthe developm~t from c.reatingnega,tiveseoondary impactS. to~~'exis,ting wetland?l . . -' I . Ouesti?n #19b. TheinfOl'mation ~ ~~Qil ~urVeyof Steai'1l.$ C(l\U1ty (UStlASoil COi1scr/ation Sexvit~, " ' 1985), ,18 ou, ~ted.'I'heourre, nt soU ~O~tion,source, . can,' "be,,'f0UJ14 at the Natural Resouroecon" ,serv~ti~n!; SeMCe WebSlteoalIedthe ElectrOJllC FIOldOfficeGuid~ (eFOTG), , " .1-:1: http://www.nrc8;usda.~v/teChnicallefotil.Soils infollQation may have changed's' ce the 1985 SoilS~~;" EQUAL OPPORtuNl1Y EMPLOYER. " I: ( Jan. 18. 2006 11: 05AM STEARNS COUNTY SWCD/NRCS ! No. 2245 ;P. 4/4 . I j The bigg..e~. c.hang~;nay' 9 c. th..e... hYdro. lo~c soil $l'OUPWhiCh.inflUen. eelS thehyi0108Y Calcul.. .a.tions.~ i. ' detemunes pond.SlZlIlg lnthe itcmn water convoyancesystem. I d . I; The EA W references theOeologie Atlas ofSteanuCoU!l.ty published by the MPmesota.DePartm~t of! :. Nat\1Ial Resources. andranb this site as high to very high ~sensitivity ot"d-watersystemst4?pollution. The potential impaCtlTom the stadium and commereial developmcm1B1ld thcs,*nn water ponds to the ground water supply should be studied: further to prevent ground water oontanrlnation. ; " ". ; I One example is it'this development was to oeour Outli~dCthe_Qlpality.thes~otmwa~ ponas~ou1d:have to helined ~th. at lWltW." feet of SO.il Witbapeni1e.. . ~ilit.. y ~ffive rninu.tes P,er f. Ch. ?rslowerand~ bo~m of the pond IS located at least three feet above the seasOrla1hi.g'Q ground watere evatlonandl ot*ck\: .. ... ... . ... .... . . i ..!. Ouestion #20a.. The handlingof$olid waste and pazardous 'lIVutedwiti800ns~tion has notbccn~<ird$scd a&askcd in the EAW, How will the material be handled 'aOO storedsothatthewaste is not subject to vandaliSl1\ (requircdtO be oofinedin tbeSWJiPP). ,. In review. there are many issuea that need additional study and review. By inoofporating some ctw?-gcs in design and site management practices the oVel:a11 impacts-can be 8igiiijicantlYTUced. i. \ I , ~~~ i ~~ ,1 Wayne Cymbaluk Water ResoUJ'ge Specialist Steams CoUllty S6iland WatcrConservation District EQUAL OPPORTUNm' EMPLOYER 01/18/08' l:i:55 FAX 6S12~78683 HPeA ~002 ",' \ ,,{'f' ':':,:': , ::,,: ':-, -,-.~ ~ -....'r.~ .MinnesotaPolltitionC()~t~Agen y. i Ms. JudyWeyrens City,Administtator City of St. Joseph 25 North College Avenue StJoseph, MN $6374 I i '-I, ,. i ,. " lanuarY 18,2006 RE: Environmental Assessment Worksheet (EAW) - Riverbats Stadium. D~i elopment I , I I,>ear Ms. Weyrens: ' I i The staff of the Minnesota Pollution Control Agency (MPCA) has reviewe the above refereJced I ' EA W for the proposed development project known as Riverbats:'Stadium Development. The 1 proposed project includes the construction of a 3t400-seat baseballstadiumlaDd associated . commercial/retail development on 31.4 aotes ofland located imm~ately s~uth()fCoun.ty State Aid Highway 75 and east of 88th Avenue in the city of St. Josepb, Minnesota. The MPCA ofIers'the following <:oninients and infol1nationfor your review and conSideration. . I i' . '.. ". ' '.\. '. . i , sectlon8-Perntits'andApPl'~valsRequlreCl', .... ". .~... .. ". .... ..... ;" . I: ~CARegional.O~c~.. ..Staft'..belie~es...,it1.' Sl. ikelY.. that this projec! wiU(equi. . ..~.p. etn1.. i..t.frOrn.th Sat River Watersbed District. The proJect,proposer should'check Wlth.that or tion to see If ere I are any pennitting requirements for this project. i ' , ' . : Sectionl0-Co.v.erTyp. ..es.. . .' .' ". i..... . ' . .. . . j . . ~ !he lan~ cover ~bulation includes 10 acre~ofperviousP'arkiJig surface, bU~iti~notcle~ho~ the mstalIationofthisBest M8%U!,gementPracnce (BMP) will a~ectstonnwa~vo.umesand tre$en~: Tb. e Site PIa. .n conc.ep. tdrawing. '. in.. cl.\Jded in th. ed6C. ~eil. t id~.'.nti.". fi:eSbitU1'ni.'n .us par.kiti., gan. .:. d..'.' laSSi.2.. surfaces." If the Class 2 sUrface IS lUte~ded as ap~ous.parkjngsurface~ . ow doesthe,desl anq: construction of those areas co~tribute to their use as a pervious parking s ce? IIi addition, OW i. will Winter snow management, frozen soil and snoWDlelt aff~ the utility 0 ,tbisBMP andov 11 ; stonnwater quantityandqucility treatment? . ,. ". . i . e constructed,. bui the of stonnwater I I I Sectioil 16-Eroslon andSedbnentation . .' . '.1 The relationship .oftlt,e proposedprojectdeSignand the Stonnwate.r.PQU~tio Prevention Plan i (SWPPP)that WiUbe developed is unclear. The ballpark and associated co. ercial develo~ent are presented as a common plan.ofdevelopment and the narrative identities' tentiallocation.slof' severalstonnwatertreatmentbasins, but the proposed design included as p .oftbesite plati'cbnc.ept only identifies thelocatioll of one basin.PennanellttreatInent of stnrtnwa~ , as well as erosioh ane;l seditlient control for the entire site; nlust be incorporated into the SWPPP:.. leaseolarify. " [, i: 520 Lafayette Rd, N.;Salnt Paul, MN 55155-4194; (651) 296~(Voice); (651) 282~5332 ): www.pca.stat~.lnn.~~ St. Paul · Brainerd · Detroit Lakes · DUluth' Mankato . Marshall. Rochest r. Wlllmar j' Equal Opporturi!ly Employer. Printed on recycled paper conta/illng at IliaSl2D peicent flberatrom paper i- cycled by Consurilers. I ! Section 11 ...Fish; WUdDfe, and EooloticallySensitiveRel'lonrces . This section identifies that 5.7 ac:resof storm water manag~entpondswil1 tabulation of final covertypesin Section lOestititates there willbe 1.8 acre management ponds. PleasecllWify the discrepancy. .: C i -;1 , 01118/06 13~56 FAX 6512978"683 MPCA ~003 Ms. Judy Weyrens January 18;2006 Page 2 . .. . I 1, SeetiOD 17 ",SUrface Water. Rupoff ..' . . .' .... ". . ". I'. .' l:. Language in this section indjcat~ that discbatgefrom theoompleted,stoiniwater; }X>nds will.be. at or below the existing runoff raws fora lOO;.year event even thougll. th:ereis ',anticipation thadotal stonnwater.volUDle williDcrease; However, there is DO 4iscuasionabQut 'scbatgeratesfor~DJ311er stormev~t$. . Pleaseclarify.:pleas~discuslflrily pot~tja1 dowrtSti'eanieffi . ts()f'extendeddi$oh~ge times required to aCcotninodate the increased vollimewhile mairttaining.a .' aiamum:rate of ./ discharge. '. . I i . . . . '" I The following . language. is taken from the 2005 edition of:the MinnellOta spnnwaterManrtalJ .' . . . i .. ! "Rainfall quicldyruils off impervious surfaces insteacl ofbei:ilgrelease~ gradually asio Irion: naturallandscapes. Increasedpeakdiscbatgesfor a developedwatersb~dcan~etwo- to AVe- timeshigber than thosefut an undisturbed watershediCon,trolpi9sra ,. thatmayaddresSi mnoffrate$ dottot:tWlyaddressmauy Ofthe.probl~~so~iated wi~ .toImwater runoff) Iner.. eaSed. run.offvOlum.. esan4 peak flO,,:s.' inQ1'... ease. ..t..h ~frcq1iellCyand '.ra. . tion.Of... 8ll1al1er 1 \. . b~..fulhndneal'bank~fuIt events, whicllarethepnmaIy'channelfo mgevents;" \ : How willstonnwater inundation and other effects of mcreasedstonnwaterolume directed t~ the. ! . adjacent wetland area and other dOWJiStl'eam locations be avoided? T Thank YOl.1for the opportunity to review the EAWon thispropOsedprojeot(This coQJ.n1ent l~. . addresses:matters ofconcem toMPCAsti1ftreViewingth~ EA Wandisstlbputted for consideration by the city oiSt. Joseph, therespol1siblegoverntnentrinit,in deciding Wh~e', .eran EnvirOnni~tal : Imp. ....a. otS~. em. .ent<.E IS.>.... 8..hOU.l.d.b...e...p fep.........~. d..o...n.......tb......e....p......ro.'.:..~.ec.t.....'_.I.t.d.oe.sr;'o.....t.'c..ons.... "'tu.t..ea. pp........ro. ......v.a.l. ?y .' .e.. .~i..... MPCA of any orall elements oftheprQjectfor the purpose of'pendingor .' . epetmitaetion's) ,b ' theMPCA. We have attempted to identify and con!iwt witbjnterested pro am staff to identith; MPCApennits and conditions that ~y be required; Additional coriunents 'Or requests for : ' . infonnationntay be submitted in the futur~to address specific issuesrelatet,fto the development of suchpermit(s). UltiD1ately, iUs the responsibility of the project proposer to,seoute any required permits andto comply with any requisi~ pennit.conditions... : . ; . ," j. ; . . . . . I , As required by MinD; R.4410;1700, we look forwatd tOl'eceiving Written ~. 'sponsestoour c~?nnents on theenvironm. . ..eIdalassessment'and~' f(lcordofthe~d~isionotttherieed.' .... r. anEIS: If you nrve I.....,.... any questions concemingourreviewoftheEA Wt pleasecontactme at{65 }296-.8420. I!,' . . i , Sincerely, 'I! ' . ,.' ...;. ~tr\~ Debra Moynihan . ~nvironmenta1 Review and Operations Section, Regionai Division . DM:mbo. ()c: Mike Golunan,Gohrilan ConstruCtion, St. Joseph JeffBrobest MPCA,Brain13rd Regional Office. St. Joseph, MN Moratorium Description January 25,2006 Proposed Moratorium Description That part of Section 5 lying southwesterly of the northeasterly right-of-way line of Interstate Number 94; all of Section 6; all of Section 7; that part of Section 8 lying southwesterly ofthe northeasterly right-of-way line of Interstate Number 94; that part of Section 16 lying southwesterly ofthe northeasterly right-of-way line of Interstate Number 94; all of Section 17; all of Section 18; the North Half of the Northwest Quarter together with the North Half of the Northeast Quarter of Section 19; the North Half of the Northwest Quarter together with the Northwest Quarter of the Northeast Quarter of Section 20 lying westerly of the centerline of County Road Number 2; all in Township 124, Range 29, Steams County, Minnesota. c '" ::J :E :c )( w E .= (; "0 (; ::;; ,,- .. " :J .. .!!! c .9 "0 )( " ~ '" o ,,- c o E E o u ,,- " ~ .. ,,- Ul ,,- X W ...J ;;: :I: w Ul ::;; a. N ~ ~ <D o o '" " <D N :::: ~ SEH FILE NO. S T J DE DATE: 01/25/06 AGURE NO.1 MORATORIUM EXHIBIT ST. JOSEPH TOWNSHIP, MINNESOTA 1-23-06 RECEIVED JAN 2 6 2006 CITY OF ST. JOSEPH Dear City Administrator Judy Weyrens, I would like to take the time to comment on the Field Streetthat is proposed to be built that would run through the St. Benedict Monastery and campus land. I appreciate that you will take the time to read this letter and feel a little of the concern and opposition that I feel when I think about this road running through these very precious grounds. I grew up and went to Catholic school taught by the Sister's of St. Benedict. After I graduated from high school I attended the College of St. Benedict and continued to be taught and interact with the Sisters of St. Benedict. During these four years, I lived and learned of all the property around St. Ben's. I loved its small college atmosphere and its rural and quiet areas. I walked around the grounds and came to love it for its peacefulness. Students and Sisters together enjoyed the quiet grounds. I graduated from St. Ben's many years ago, and now live in the Cities, but I have a commitment that still brings me up to St. Ben's once a month. I take a walk along the path through this beautiful place quite frequently. It is a place of quiet for me from the busy and congested life of a large metropolitan area like Minneapolis/St. Paul. As I frequent this quiet area, I see that different groups of people use this property for many different reasons. This is an area of refuge that the Sisters of St. Benedict very generously share with ANYONE that choose to use it. It is a peaceful place for the residents that currently live here, a contemplative place for those that come to find peace and quiet, a beautiful place for the people that visit here, an academic place for the students that are being educated here, and an alluring place for people that return here from afar that have lived and learned to love this beautiful place for its peacefulness. I look at this property through "my eyes". I see this beautiful land that has been preserved for the use of a tranquil walk; a peaceful calming. A walk that calms me down right to my inner self. Its quiet and serene untouched natural land allows me to let my mind rest from a busy life. I can walk these paths and not have to worry about watching for a motorized vehicle. I can hear the birds chirp and not be overtaken by the hum of a steady stream of car engines. I can see the animals as they scamper around without needing to relocate because their natural habitat has been disturbed by development. This serenity allows my mind and self to calm without distraction. I need this calming; we all need this calming! "My eyes" see some of the over 1,500 (St. Ben's alone) college students who jog or walk on these paths. They have chosen this quiet college for a reason. They are using this quiet land for "their" escape as they leave the stresses of their classes and tests back in their dorm rooms for a while. They are using this peaceful place to deal with the very difficult process of maturing from a teenager to a young adult. They are using this quiet area for a chance to calm their minds and move through the process that is necessary for each one of them as they are being led from their 4 years of college into our busy world. "My eyes" also see the residents of St. Joe that use these trails. They are very blessed to have this beautiful land so close to them. They do not need to go far to find this quiet I place. Some of the residents have lived in St. Joe for many years and frequent these ' trails. . . others are new to St. Joe and are just beginning to appreciate the quiet back in the woods. And every time I walk that path, "my eyes" see several Sisters... .walking or biking in silence and contemplation and it is such a pleasure for me to see them content as they say "hi" and pass by. They have such a love of nature. .. .and acknowledge this land as a beautiful gift from God. In the scheme of this vast world... .they are asking for such a small piece ofland that they already own to be protected from development... .to keep and use as their refuge, their place to have a peaceful conversation with God and to rejuvenate as they are carrying the burden of so many of us. A road through these very peaceful grounds would completely take away their solitude and would become just another developed area of noise and distractions. A road through here would take awa)f the very heart of their refuge. If one has walked these paths, they will see its necessity to keep it quiet. One will see the need to keep it safe. One will be afraid of the danger of putting in a 40 mile and hOlllr road that may cause permanent injury or death to a walker or jogger. . . . college student dr Sister. One may see it'sfinal outcome as a legal nightmare that could very well be the least of its worries since an injury or death may weigh heavy on them because of a single vote. Is it in the best interest of everyone to put this road in through these grounds? Can we push onto them the busy, congested lifestyle that is distracting all of us? Can we justify this road that will save the residents of this city only a minimal amount of time, but in turn will take away a refuge that has been preserved, cherished and used for many, many years? I know that city development is done for many reasons, but we must stop and j reflect on both sides of this issue. Are the advantages really worth the cost? Thank you for taking the time to see the perspective of those of us that use and love thi . land and who. do not want to see the development of this road through the Monastery ana campus grounds.. Sincerely, JjcJ H-~ Gail Harvey 12090 Sycamore St NW Coon Rapids MN 55448 NORTHLAND'SECURITIES Honorable City Council City of St. Joseph, Minnesota Dear Mayor and Council Members: We understand that you desire to issue $250,000 General Obligation Certificates of Indebtedness. Accordingly, we propose as follows: We agree to purchase $250,000 General Obligation Certificates ofIndebtedness, Series 2006B, to be dated February 1, 2006, and to mature December 1, 2007-2010. We agree to pay for the Certificates $246,250.00 and accrued interest to the date of settlement. The Certificates are to be payable at Northland Trust Services, Inc., Minneapolis, Minnesota, as fiscal agent, paying agent and registrar. The Certificates will bear interest as follows: . 3.40% - 2008 3.60% - 2010 Interest is to be payable on June 1, 2006, and semiannually thereafter. The Certificates will mature or be subject to mandatory redemption on December 1 in the years and amounts as follows: $ 60,000 in the years 2007 and 2008, and $ 65,000 in the years 2009 and 2010. All Certificates will be Book Entry and in multiples of $5,000. The average interest .rate is calculated at 3.5335%. The net effective rate is calculated at 3.9782%. Mandatory Redemotion: This issue shall have two term bonds maturing December 1, 2008 (2007 and 2008 maturities) and December 1,2010 (2009 and 2010 maturities) which will have mandatory redemptions equal to the annual principal due as stated above. O\,tional Redemption: All Certificates are noncallable. This bid is made for prompt acceptance and subject to the approval of Briggs and Morgan, Professional Association. (Bond Counsel) ofSt. Paul, Minnesota, as to the legality and regularity of all proceedings taken in the issuance of the Certificates. You agree to pay the expenses of registering the Certificates and the fee of Bond Counsel, recognized municipal bond attorneys, in furnishing the necessary proceedings required to authorize the issuance of the Certificates. Respectfully submitted this 2nd day of February, 2006. ::R~iIJ~ The foregoing proposal is duly accepted by the City Council of the City of St. Joseph, Minnesota, at _ p.m. this 2nd day of February, ,2006. By,#l/r ~~ ayor . Attest: Administrator-Clerk Northland Securiries, Ine. 45 South 7th Street, Suite 2500, Minneapolis, MN 55402 Toll Free 1-800-851~2920 Main 612-851-5900 Fax 612-851-5987 www.northlandsecurities.com Member NASD and SIPC U) c C N LI- o t/J en W Z C W ~.... oal enW wC Z~ ZLI- :eO _en :I:W .... 0...... n::: wor:( W en 0 t.) OLi:--- .., - @ ~~ o en W I,Q LI- 0 N OZ ~Q -~ OC) ::i al o -I ~ W Z W C) o o 0 o 10 cu 10- C'l ~ C'l C'l- ~ C'l >- t$ ~:1::: ..... (.) cu CO -t: 8 0. 0 .,Ig080 co: 0- 10 - 10 >< .....- .~..... ~ t$ 1:t$..... cu cu 320< CIlo 0 cuo 10 a:: 10- ...... ...... t$ t$ .Q cu >< '(3 ~ ~ ~ ~ CO @ CO a:: (.) () .s: ~. ~~~~~N~~ ~t COI'-<'oI'<:t<OM<OO> ~ o...s: ~ cO cO ..q-' !!i N cO cO M c::ClJCUOO>ON..q-r--O..q-O> c:: () =:, ~ ....... ('1'). ..q-. I,Q. co. co. 0>. o. <:(><ccIONNNNNNN('I') ~::,; .::. cu -l:::(.) ~ c:: =:,~ E CO 8co ~:o- =:, (3 e.~ =:,cu Cl)Cl >< ~ ~~ .1ii o.@ 8~ .s: c~ ~ .E~~ =:'0 cu ~Lci6 CI) () 1: ~::QCU ocu~ t-::.Clco Q.. 1iicu CO@..... .S cu CO li..-a:: .s: - -..,co ......9- ~ (.) ..... .;: -0: o r--OO I,Q('I') 00 o~~~~oo o~<<;~~oo O......I,Q......I,QOO 0~C\!~~00 o~:;~~oo OCO('l')OOOOOO o<.tl<.tll'-:~oo oN~~~oO '#.'#.cfl.'#.?fl.'#.cfl. OOlI,Q..q-MOO ocor--COI.OOO ONNNNOO ONCONI,QOO ............I,QO>OO ......0l00........q- ..oNN OOOCO..q-MOO ......OlI,QCOO> T""'" T""'" I CD_ N !!iN" N I I 0000000 0000 O.O.I,Q 0 000...... r--r--r--r-- o ...... ..q-. N ...... o co CO..q-r--o 0 OO>I,QCOO ('1')......0......1'- r-:N"O'C"iO' r--r--r--I'- 0000000 OCONOO..q- ('I')r--r--CO('l') r-:oO<<io>r-: CO co co co ..... CIl @ ~ .s: 0000000 OCONOO..q-, ('I')r--r--CO('l') r-:oO<<i..tN" '#.#.'#.'#.'#.*''*' 0000000 O..q-..q-<Ocooo oC':iC':iC':iC':ioo 0000000 0000 0000 0'0'..0..0 CO coco co ~ CO ~ CO r--ooOlO......N 0000.................. 0000000 NNNN<'oINN 00 I'-: o co t/7 N I,Q , o ..q- t/7 co C\! o N t/7 L.: <..l C Cii ::l C C <( G.l 01 ~ II) ~ I,Q co ..q- o o I,Q ...... 00 N o ...... ..q-. N ...... I,Q N ..q-. ('I') Ol N o o 00 Ol r-- N o o 00 Ol N o o o. o I,Q N ...... - co ..c: <..l . CO II) . W :c ~~..!!! :tl :;::: Cii Cii .2 .A' -::lUC: ....... NCIII) .0. ......ccC/) .co ..c:coo COOc ~.~ ~ ~ ~~. ~ g g ..c:.....C/)<(1- .('1')0 <<ioO NN~ NN I-ces~-g~ i::'i::'ces ~~ t;~C..!!!N~~CO(lll/l _ _ 0 ..c: <<i..q- co 2 2 01 II 0 ...... ...... 0) t: '<t ('I') I'- .0 .o.~ lu II) .~. ~~ ~ ~ ~ .~~ -.f m-'" (J-- , (Il C o (Il ...J .S: "Oll. C 0 WI- ...: II) it:: (Il ~ G.l ..c: I- ...... - N ...... ces co o o ~ .... u._.._"'"___ N .;..; C iJi II) ..m II) c :31 ~; C ro .. - II) ...........on:::.$(Il ~E >.2@-II)(IlOQi ~ ::l>,,(IlO:O>OClOO _ - (Il C a.. U .- Q) C C (Il (Ilo..2\::: Q) 15-'fii::l O~_-(IlOOG.lQ)(IlOO 00 00 l/l a.~(Il Cl~ C/) - U "0 "0 ~ 0 .!:!l -5 ~ W "0 U "0 5 C Q)'aj~"'" G.lQj 5-: 5 alSEUn:::rr~zO)iY.lO) ~ 00 r-- ('I') N" 00000 I,Q...... 00 I'-...q-. 0...... ('I')N ('I') ...... 'C' (Il a.. ~ - 'in c::0..c: C1)~~C ::s CIl I,Q 0 Ul .!!2 ~~ ..!!l...._r-- "CI 0 C ...... C CIl::l- o1ii81i) Qi alOooCl) 00 o()O$ C 5 .... '1:::0 .00 .s is 01 :oJ C CI) lu "'0 ,,, U .S: ~ ::s _ G.l .... "'0 c .!:!l o . 'C N G.l 'C 01 ECIi~=ll.5 Cl.Q) CIlC(Il_O) 0::: or:(~Q):!:(Il ci"O ... -g g-.~ ti .!:!l 5 ti ~ ::JUll.W~O)W Q) Q) ll. Q) E i7 Q) C Q, ~ - - C C o ::l ..... 0 ll.E "i<( Q) II Eo 0.0 .- a ::l . 0" 00 WOl . t/7 -- ~o o C o G.l:oJ <..l ::l =.0 ~:s C ,..jo ~u E..c: 0.00 ._ (Il ::lU 0"> w_ >0 Cloo .200 o Q) c...J ..c: <..l Q) I- ..... c:: cu E .9- =:, G3" .... & ~ ..Q ,!!! 'co ::. <:( .... Ul :.:i .... c Q) E ':; w G.l C _(IlcO l/l::lQ)_ (IlO"Q)O Q)~Q).o"'" :5 ro .....Q)l/l l/l ~ _ (Il(ll -.....O..c:::l -:.E > Q)O" C"O>c<..lG.l Q)II).o c E~"O~O .9- l/l :g ~ . g. .;;-; .2";: 8 G.l .0 00 ,- 0 <..l-OO~O' ::: 0 .- _ N ,oCl/l-...... ::l- Q):oJ . a.Ciiro5~ II) {;i ,2 "0 N l{lOO:=G.lt/7 1I)t:::ll/l ..c: _ Q) l/l - ' e(ll<..loo(ll:!: ::l <..l .-::l E a.li=:~II)O"= ot-.oll)- -II)CoQ)-al 2<..lOc.:!"O .- II) C C (Il E..c:o(ll>2 =-.~uQj~ .0 II) II) 00 ~ .- II):J-G.l.....:= -oroll)ro(ll~ oo>coE~ '> G:i co !E .l/l :!:~Clt:..c:c u.....cQ)a.lI) 1I)(Il1jiUG.lE :5.EII)II)~a. o _00 :J :5 """) '5 _>0""0" 15'5~-c:U5w Q) ~, C ~ - II) .~.... 0 U O..c: -g:5;e ~~~ VJ '+- 1iJ ...... .- "'0 oo2a.oU~ :tl C (Il Q) II) <..l c~ ...c:~~ -os..."O'" 2 11)0..2 :5 ...: 0 .0 ......- - C . Q) Q). ~ ~ .2 "0 "oc "015- .soiU'~~iS _o,"OIi=:Q)~ o al/l- 00 ~ .- (Il Q) Q) .... ...... c'(3 :J _t:Q)OQ)OO ~ ~ :5 :oJ a..!:!l li=:O"_:rlOO"O tQ)oQil5c II)c"O_.....,g U 0 C (Il (Il Q) 00 II) .9-:; ~ :J ~ Q) U 01.- ~ G.l :5'2 ~ -g .- U Q) :J (Il Q) >~l5E_a. (Il _..... (Il Q) EQ)Q)..!!!c..c: >l/l.o:Jo- _(Il .01'-- '(3 -5 ~ II) 1i) 0 (Il3...:;:~~ ro a. ~ l{l O"'fii :5~(IlQ;~"O oo-li}..c:-2 Q)1I);:-c(Il rouII)rooE 1i)ffiCOO1i)1ji ,cCiilu(llQ) C; Ii=: '(3 (5 <..l Q) ~.9lE>:tl..c: N"OOo(51- ......Q)Q).....>o ..q-~..c:G.lG.l0 Cl/l-.o..c:('I') ,g ';;; .S: E :::: 0' oG.lC~o""" cnQ) ro .2 Q) ~~ (J 1ii .- 'li=:u:5l5Cii :tlt:::-.......:J -11).0 0 (Il 0" .au:J~EQ) $ Q) ::-0 (Il::Q C/):5I1)......~:J ca'+-~+J 0 -O(lll{l"O~ Sl-OOQ)Q)- II) C >- > C C:J (Il....:.e II) cO"o(Ila.<..l .- E 0 0 a. ~ ~(Il......-(Ila. co o a <'01 -- ~ N "0 Q) - (Il o ci .s iii II) :oJ .;:: :J U II) C/) '., "0 C (Il ::2 t: o z 0.: ;> "0 o > - l/l (Il W II) - C o ~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA HELD: FEBRUARY 2,2006 Pursuant to due call and notice thereof, a regular or special meeting ofthe City Council of the City of St. Joseph, Stearns County, Minnesota, was duly held at the City Hall on February 2, 2006, at _ P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $250,000 General Obligation Certificates of Indebtedness, Series 2006B. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $250,000 GENERAL OBLIGATION CERTIFICATES OF INDEBTEDNESS, SERIES 2006B AND LEVYING A TAX FOR THE PAYMENT Tl-IEREOF A. WHEREAS, the City of St. Joseph, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $250,000 General Obligation Certificates ofIndebtedness, Series 2006B of the City (the "Certificates"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various equipment for the City (the "Equipment"); and ' B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates to be issued does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($204,120,000 times 0.25% is $510,300); and D. WHEREAS, the Certificates are being sold pursuant to a private sale as permitted by Minnesota Statutes, Sections 412.301 and 475.60, Subdivision 2(1); and E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Joseph, Minnesota, as follows: I 869753vl NORTHLAND'SECURITIES Honorable City Council City of St. Joseph, Minnesota Dear Mayor and Council Members: We understand that you desire to issue $250,000 General Obligation Certificates of Indebtedness. Accordingly, we propose as follows: We agree to purchase $250,000 General Obligation Certificates ofIndebtedness, Series 2006B, to be dated February 1, 2006, and to mature December 1,2007-2010. We agree to pay for the Certificates $246,250.00 and accrued interest to the date of settlement. The Certificates are to be payable at Northland Trust Services, Inc., Minneapolis, Minnesota, as fiscal agent, paying agent and registrar. The Certificates will bear interest as follows: 3.40% . 2008 3.60%.2010 Interest is to be payable on June 1, 2006, and semiannually thereafter. The Certificates will mature or be subject to mandatory redemption on December 1 in the years and amounts as follows: $ 60,000 in the years 2007 and 2008, arid $ 65,000 in the years 2009 and 2010. All Certificates will be Book Entry and in multiples of $5,000. The average interest.rate is calculated at 3.5335%. The net effective rate is calculated at 3.9782%. Mandatorv Redemption: This issue shall have two term bonds maturing December 1, 2008 (2007 and 2008 maturities) and December 1, 2010 (2009 and 2010 maturities) which will have mandatory redemptions equal to the annual principal due asstate~ above. Optional Redemption: All Certificates are noncallable. This bid is made for prompt acceptance and subject to the approval of Briggs and Morgan, Professional Association (Bond Counsel) of St. Paul, Minnesota, as to the legality and regularity of all proceedings taken in the issuance of the Certificates. You agree to pay the expenses of registering the Certificates and the fee ofI3ond Counsel, recognized municipal bond attorneys, in furnishing the necessary proceedings required to authorize the issuance of the Certificates. Respectfully submitted this 2nd day of February, 2006. ::R7))~ The foregoing proposal is duly accepted by the City Council of the City of St. Joseph, Minnesota, at _ p.m. this 2nd day of February, 2006. By: Mayor Attest: Administrator-Clerk Northland Securities, Ine. 45 South 7th Street, Suite 2500, Minneapolis, MN 55402 Toll Free 1-800-851-2920 Molin 612-851-5900 F",612-851-5987 www.northlandsecurities.com Member NASD and SIPC "" .. EXTRACT OF MINUTES OFA MEETING OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA HELD: FEBRUARY 2,2006 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 held at the City Hall on February 2, 2006, at _ P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $250,000 General Obligation Certificates ofIndebtedness, Series 2006B. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $250,000 GENERAL OBLIGATION CERTIFICATES OF INDEBTEDNESS, SERIES 2006B AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City ofS1. Joseph, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $250,000 General Obligation Certificates ofIndebtedness, Series 2006B of the City (the "Certificates"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various equipment for the City (the "Equipment"); and ' B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates to be issued does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($204,120,000 times 0.25% is $510,300); and D. WHEREAS, the Certificates are being sold pursuant to a private sale as permitted by Minnesota Statutes, Sections 412.301 and 475.60, Subdivision 2(1); and E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of S1. Joseph, Minnesota, as follows: 1869753vl . 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Certificates in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefore the sum of $ , plus interest accrued to settlement, is hereby accepted. 2. Certificate Terms. (a) Original Issue Date: Denominations and Maturities. The Certificates shall be dated February 1, 2006, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Certificates 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"). TheCertificates shall mature, without option of prepayment, on December 1 in the years and amounts as follows: Year Amount 2007 $60,000 2008 60,000 2009 65,000 2010 65,000 (b) Book Entry 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 Certificates, and to this end: (i) The Certificates 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 Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the 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 Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the 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 Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any 1869753vl 2 I 869753vl 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 Certificates, or (D) the consent given or other action taken by the Depository as the Register Holder of any Certificates (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 Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, 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 Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates 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 Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the 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 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the 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 Certificates (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 Certificates, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Certificate 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 Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or 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 3 consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the 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 Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (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 Certificates 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 Certificate ifit determines that the Depository is no longer able to carry out its functions as securities depository or the continuation ofthe system of book-entry transfers through the Depository is not in the best interests ofthe 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 ofthe City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners ofthe Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates 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 Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates 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. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost ofthe Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount ofthe Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2006, 1 869753vl 4 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 Year Interest Rate 2007 2008 2009 2010 % 5. No Redemption. The Certificates shall not be subject to redemption and prepaYment prior to their maturity. 6. Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1 869753vl 5 UNITED STATES OF AMERICA STATE OF MINNESOTA STEARNS COUNTY CITY OF ST. JOSEPH R- $ GENERAL OBLIGATION CERTIFICATE OF INDEBTEDNESS, SERIES 2006B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % DECEMBER 1, 20_ FEBRUARY 1,2006 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 December 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 Certificate 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 Certificate are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteen 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination ofthe book-entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. 1869753vl 6 No Redemption. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their maturity. Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $250,000, all of like date of origimil issue and tenor, except as to number, maturity, interest rate and denomination, which Certificate has been 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 of the Issuer on February 2, 2006 (the "Resolution"), for the purpose of providing money to finance the purchase of various equipment for the Issuer. This Certificate is payable out of the General Obligation Certificates of Indebtedness, Series 2006B Fund of the Issuer. This Certificate 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 Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereofto the 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 Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the 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 Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection witl:1 the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication, This Certificate 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 Registrar. I 869753vl 7 Qualified Tax-Exempt Obligation. This Certificate 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, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, 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 ofSt. Joseph, Steams County, Minnesota, by its City Council has caused this Certificate 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. REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA This Certificate is one of the Certificates described in the Resolution mentioned within. /s/ Facsimile Mayor NORTHLAND TRUST SERVICES, INC., Minneapolis, Minnesota Registrar By Authorized Signature /s/ Facsimile Administrator-Clerk 1869753vl 8 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, 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) under the (Minor) 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 Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face ofthe within Certificate 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 Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: ~ (Include information for all joint owners if the Certificate is held by joint account.) 1869753vl 9 . 8. Execution: Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf ofthe City by the signatures of its Mayor and Administrator-Clerk and be sealed with the seal of the City; provided, however, that the seal ofthe 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 Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates 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 Certificates shall cease to be such officer before the delivery of the Certificates, 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 certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary ceitificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Administrator-Clerk. Such temporary certificates shall, upon the printing ofthe definitive certificates and the execution thereof, be exchanged therefore and canceled. 9. Authentication. No Certificate 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 Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative ofthe Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution ofthe Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is February 1,2006. The Certificate of Authentication so executed on each Certificate 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 ofthe Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the 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 Certificates 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 Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option ofthe Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated 1869753vl 10 maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instmment oftransfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the 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 Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accmed and unpaid, and to accme, which were carried by such other Certificate. 12. Interest Payment: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books ofthe City maintained by the 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 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate 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 Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to th~ contrary. I 869753vl 11 14. Delivery; Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Administrator-Clerk to the Purchaser upon receipt ofthe 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 Certificates of Indebtedness, Series 2006B 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 ofthe City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest received thereon and less 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 Certificates on or before December 1,2006). From the Capital Account there shall be paid all costs and expenses ofthe acquisition ofthe Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purposes except as otherwise provided by law; provided that the proceeds ofthe Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. ' (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) accrued interest received upon delivery of the Certificates; (ii) all taxes herein or hereafter levied for the payment ofthe Certificates and interest thereon; (iii) 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 Certificates on or before December 1, 2006); (iv) all funds remaining in the Capital Account after the payment of all costs of the Equipment; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay ~he principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion ofthe proceeds of the Certificates 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 Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser offive percent (5%) of the proceeds of the Certificates or $100,000. To this effect, any proceeds ofthe Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable there from) 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 1869753vl 12 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 investmen,t would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment ofthe principal and interest on the Certificates 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 Levy Year of Tax Collection Amount 2006 2007 2008 2009 2007 2008 2009 2010 $ The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and tothe extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders ofthe Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accmed to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law 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, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, 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 Certificates and any other certificates payable there from, the deficiency shall be promptly paid out of any other funds ofthe City which are available for such purpose, and such other funds may be 1869753vl 13 . reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Stearns County, Minnesota, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor a certificate that the Certificates have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 20. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality ofthe issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs ofthe City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates 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. 21. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, 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) 1869753vl 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 "Project"); 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% ofthe "issue price" of the Certificates, 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 Certificates. 14 . (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates 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 ofthe Certificates and in all events within the period ending on the date which is the later ofthree 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 Certificates are issued, shall be treated as made on the day the Certificates 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 Certificates stating in effect that such action will not impair the tax-exempt status ofthe Certificates. 22. Negative Covenant as to Use of Certificate Proceeds and Equipment. The City hereby covenants not to use the proceeds ofthe Certificates or the Equipment or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 ofthe Code. 23. Tax-Exempt Status of the Certificates; Rebate. 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 Certificates, 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 Certificates, and (iii) the rebate of excess investment earnings to the United States ifthe Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Certificates are issued by a governmental unit with general taxing powers, (ii) no Certificate is a private activity bond, (iii) ninety-five percent (95%) or more ofthe net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmentallmit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax -exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 1869753vl 15 24. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Certificates 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 Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified501(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 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code., 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. 25. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to the Registrar on the closing date for further distribution as directed by the Purchaser. 26. Severability. 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. 27. 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 of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1869753vl 16 STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH I, the undersigned, being the duly qualified and 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, tme and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $250,000 General Obligation Certificates of Indebtedness, Series 20068. WITNESS my hand on Febmary 2,2006. 1869753vl 17 STATE OF MINNESOTA COUNTY OF STEARNS . COUNTY AUDITOR'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Stearns County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on February 2, 2006, by the City Council of the City of St. Joseph, Minnesota, authorizing the issuance of $250,000 General Obligation Certificates of Indebtedness, Series 2006B (the "Certificates ") and levying a tax for the payment thereof, together with full information regarding the Certificates for which the tax was levied; the Certificates have been entered in my Register; and the tax levy required by law has been made. WITNESS my hand and the seal of the County on ,2006. County Auditor (SEAL) 1 869753vl SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor and Administrator-Clerk ofthe City of St. Joseph, Stearns County, Milmesota, DO HEREBY CERTIFY that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons authorized on behalf of Northland Trust Services, Inc., duly designated by the City Council as Registrar and authenticating agent (the corporate seal of the City having been intentionally omitted as permitted by law) on the City's $250,000 General Obligation Certificates ofIndebtedness, Series 2006B (the "Certificates"), dated February 1, 2006, as the date of original issue, and numbered from R-1 upward, each in the denomination of $5,000 or any integral multiple thereof. The Certificates mature on December 1 in the years and amounts and bear interest until paid as follows: Year Amount Interest Rate 2007 $60,000 % 2008 60,000 2009 65,000 2010 65,000 WE FURTHER CERTIFY that the undersigned Administrator-Clerk is also the duly qualified and acting Treasurer ofthe City. WE FURTHER CERTIFY that we are now and were on the date of signing the Certificates, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that Northland Trust Services, Inc. has been duly authorized to act as agent of the City for purposes of authenticating the Certificates by one or more persons signing Certificates on behalf of the Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Certificates as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the Certificates have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than those above described have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchaser of the Certificates or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City, or ofthe facts affecting the Certificates. WE FURTHER CERTIFY that the offering document prepared on the City's behalfby Northland Securities, Inc. for the issuance of the Certificates as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. 1869753vl WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries ofthe City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the Certificates, or otherwise questioning the validity ofthe Certificates or the levy of taxes for the payment of the Certificates and the interest thereon. Dated: February _, 2006. CITy" OF ST. JOSEPH, MINNESOTA By: Mayor (SEAL) 1 869753vl 2 TREASURER'S RECEIPT I, the undersigned, being the duly qualified and acting Treasurer ofthe City of St. Joseph, Stearns County, Minnesota, DO HEREBY CERTIFY AND ACKNOWLEDGE that on the date hereof, I received from Northland Securities, Inc., in Minneapolis, Minnesota, the purchaser of $250,000 General Obligation Certificates ofIndebtedness, Series 2006B, dated February 1,2006, as the date of original issue, the purchase price thereof, which purchase price is as follows: Par Value $250,000.00 Subtotal ( $ ) Discount Accrued interest from February 1,2006, to date hereof TOTAL $ and the Certificates were thereupon deliver to the purchaser. Dated: February _, 2006. CITY OF ST. JOSEPH, MINNESOTA. (SEAL) 1869753vl CERTIFICATE OF REGISTRAR AND AUTHENTICATING AGENT $250,000 GENERAL OBLIGATION CERTIFICATES OF INDEBTEDNESS, SERIES 2006B CITY OF ST. JOSEPH, MINNESOTA 1. I. , do hereby certify that I am a , duly appointed and acting as such, of Northland Trust Services, Inc., located in the City of Minneapolis, Minnesota (the "Registrar"). 2. Pursuant to authorization by, and direction of, the City ofSt. Joseph, Minnesota (the "City"), certain ofthe authorized officers listed on the attached Exhibit A have this day authenticated each of the certificates of the above issue, being fully registered certificates in the denominations equal to the total principal amOlmt of the certificate issue due on the specified maturity date therefore and bearing the numbers ofR-1 and upward and have caused each of said certificates to be registered in the name of a "person" as defined in Section 1-201 of the Uniform Commercial Code, all in accordance with the provisions of that certain resolution adopted February 2,2006, by the City Council (the "Resolution"). 3. The authorized officers who have signed the certificates have been duly authorized to sign said certificates on behalf of the Registrar acting as authenticating agent. 4. To the best of our knowledge the provisions of any registrar's agreement to be entered into between the City and the Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities ofthe Registrar set forth therein. 5. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the certificate of the above referenced issue with the latest maturity is: Dated: February _, 2006 NORTHLAND TRUST SERVICES, INC. By Authorized Officer 1869753vl CERTIFICATE OF PURCHASER I, Richard G. Asleson, do hereby certify that I am the duly qualified and acting Senior Vice President of Northland Securities, Inc., in Minneapolis, Minnesota (the "Purchaser"), and as such officer I do hereby further certify as follows: I. The Purchaser is purchasing on the date hereof $250,000 General Obligation Certificates oflndebtedness, Series 2006B, dated as of February 1,2006 (the "Certificates") of the City of St. Joseph, Minnesota (the "Issuer"). 2. The Purchaser understands the Internal Revenue Code of 1986 as amended (the "Code") requires that the yield on the Certificates be determined on the basis of the issue price which generally has the meaning provided in Sections 1273 or 1274 ofthe Code. 3. The Purchaser understands that "issue price" is generally defined as "the initial offering price to the public (excluding bond houses, brokers, and similar persons acting in the capacity of an underwriter or wholesaler) at which price a substantial amount of such debt instruments was sold" such price to be determined separately for Certificates that are not substantially identical. For this purpose, a substantial amount of substantially identical Certificates shall mean at least ten percent (10%) of each maturity of the Certificates. The Purchaser understands that to the extent Certificates are offered for sale to the general public pursuant to a bona fide public offer, the applicable federal arbitrage regulations permit the initial public offering price to be established based on reasonable expectations at the time of sale. With respect to the Certificates, the aggregate issue price of the Certificates, including accrued interest, is $ 4. Based upon records and other information available to us which we have no reason to believe is not correct: (a) All of the Certificates have been offered for sale pursuant to a bona fide initial offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriter or wholesaler) at the issue price for each maturity as shown on Exhibit A attached hereto. (b) 'At the time we agreed to purchase the Certificates, based upon the then prevailing market conditions, we had no reason to believe that any of the Certificates would be initially sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriter or wholesaler) at a price greater than the price, or a yield less than the yield, shown on Exhibit A attached hereto. 5. The following information is true and correct to the best of our knowledge in reliance upon certain information provided to us by the Issuer for the exclusive purpose of completing I.R.S. Informational Statement (Form 8038-G) for the Certificates: I 869753vl " (a) The Issuer's federal employer identification number (EIN) is 41-6008146. (b) The Issuer has directed that the report number for the Form 8038-G for the Certificates, which is consecutive based on the filing date (not the date of issue), be identified as sequence number 3_. (c) The weighted average maturity based on the issue price of each maturity of the Certificates and from their date of issue (not based on the face amount ofthe Certificates or from their dated date) is years. (d) The yield on the Certificates to maturity is %. 6. This certificate is given as a representation of the Purchaser, and may be relied upon by the Issuer. Dated: February _, 2006. NORTHLAND SECURITIES, INC. By Its Senior Vice President I 869753vl 2 "" . EXHIBIT A Maturity Initial Offering Price* (Exclusive of Accrued Interest) 2007 2008 2009 2010 $ SUBTOTAL PLUS ACCRUED $ INTEREST** ISSUE PRICE* (AGGREGATE) $ *Issue Price is the price to customers, and includes accrued interest. ** Assuming deliveries to customers on the date of delivery to the Purchaser by the Issuer. A-I 1869753vl ~ . NONARBITRAGE CERTIFICATE The undersigned are the duly qualified and acting Mayor and Administrator-Clerk of the City of St. Joseph, Steams County, Minnesota (the "City" or "Issuer"), charged, either alone or with others, with the responsibility of issuing the Issuer's $250,000 General Obligation Certificates ofIndebtedness, Series 2006B, dated February 1,2006, as the date of original issue (the "Certificates"). This Certificate is being executed in accordance with the income tax regulations relating to arbitrage bonds (the "Regulations") and may be relied upon as a certification under Section 1.148-2(b)"(2) of the Regulations and under Section 148 the Internal Revenue Code of 198b, as amended (the "Code"). The undersigned, having made an investigation of the facts, circumstances and estimates pertaining to and in connection with the Certificates, hereby certify and reasonably expect as follows with respect to the Certificates: 1. Purpose: Statement. The proceeds of the Certificates will be used to finance the purchase of various equipment for the City (the "Equipment"). As of the date hereof, all of the representations and statements of fact contained in the resolution adopted by the City Council on February 2,2006 (the "Resolution"), relating to the Certificates are true and correct, and nothing has occurred between the date of adoption of the Resolution and the date hereof to cause any expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence or performance, unreasonable or otherwise invalid. 2. Proceeds and Uses. The Certificates were delivered and paid for on the date of this Certificate. The total sale proceeds of the Certificates (i.e., the issue price of the Certificates or the offering price of the Certificates to the public) is $ , which together with accrued interest ($ ) and earnings thereon (estimated to be $ ), do not exceed the total of: (i) $ Equipment; , estimated totalfinanceable costs of the acquisition of the (ii) $ . , interest on the Certificates to be paid from proceeds thereof or earnings thereon; (iii) $ , expenses anticipated to be incurred in connection with the issuance oftheCertificates, including Underwriting Compensation as defined below; and (iv) $ , accrued interest. "Underwriting Compensation" is the difference between the amount paid by the underwriter in purchasing the Certificates from the Issuer and any amount of the issue price or reoffering price of the Certificates to the public. 3. Governmental Purposes; No Over-issuance. The stated purposes of the Certificates are governmental purposes within the meaning of applicable law and regulations. The Sale Proceeds ofthe Certificates (i.e., the issue price of the Certificates less accrued interest), less any amounts used to pay issuance expenses, together with estimated earnings 1869753vl ... . thereon, will not exceed the estimated dollar cost of acquiring the Equipment less all other funds to be expended for paying such costs. 4. Fund and Accounts. The Certificates are payable from the Issuer's General Obligation Certificates ofIndebtedness, Series 2006B Fund (the "Fund"), which Fund contains the following accounts: a Capital Account (for the acquisition of the Equipment), and a Debt Service Account (for payment of debt service on the Certificates). 5. Capital Account: Time Test; Due Diligence Test; Expenditure Test. (a) Costs of Acquisition and Issuance. The costs of acquiring the Equipment and issuing the Certificates will be paid from the Capital Account in the Fund. With respect to the Equipment, the Issuer reasonably expects to satisfy the time test, the due diligence test and the expenditure test as set forth below: (i) Time Test. Substantial binding contracts or commitments for acquiring the Equipment obligating the expenditure of not less than $ (5% of the Net Sale Proceeds of the Certificates) have heretofore been eI!tered into or made or will be entered into or made within six months from the date hereof. "Net Sale Proceeds" is the issue price of the Certificates less the accrued interest and less any bond proceeds deposited in any reserve fund or account. All such contracts are, or will be, binding obligations of the Issuer. (ii) Due Diligence Test. The acquisition of the Equipment and the allocation of the Net Sale Proceeds ofthe Certificates to expenditures has proceeded and will continue to proceed with due diligence to completion. The Equipment is estimated to be purchased by ,200_. (iii) Expenditure Test. Any contract or commitment for the acquisition of the Equipment heretofore .or hereafter executed has provided or will provide for the acquisition of the Equipment in less than three years from the date hereof; and proceeds ofthe Certificates in an amount equal to at least 85% of the Net Sale Proceeds of the Certificates will be spent in paying the cost of acquisition of the Equipment within three years from the date hereof. (b) Costs of Issuance. Transfer. The costs of issuing the Certificates will be incurred and paid.within three years from the date hereof. Any moneys remaining in the Capital Account after acquisition of the Equipment and payment of the costs of issuing the Certificates will be transferred to the Debt Service Account unless transferred to the fund of any other purchase as authorized by law. (c) Investments. The Issuer shall not invest amounts in the Capital Account at a yield materially higher than the yield on the Certificates or in obligations exempt from federal income taxation under Section 1 03 (a) of the Code if and to the extent moneys remain therein after the earlier of (i) acquisition of the Equipment is complete or, (ii) three years from the date hereof. 1 869753vl 2 .. 6' 6. Debt Service Account: Funding; Investment Covenants. (a) The principal and interest on the Certificates are payable from the Debt Service Account. The Issuer has covenanted that any sums from time to time held in the Capital Account and the Debt Service Account (or any other account of the Issuer which will be used to pay debt service on the Certificates in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield (after taking into account all temporary periods) shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments. Other than the Debt Service Account, there is no other fund or account of cash or securities which the Issuer has set aside and expects to invest or maintain at a yield greater than the yield on the Certificates for the purpose of paying debt service on the Certificates. (b) The Debt Service Account is a bona fide debt service fund (within the meaning of Section 1.148-1 (b) of the Regulations) which achieves a proper matching of revenues and debt service in each Bond Year and is depleted at least once a Bond Year except for a reasonable carryover amount not exceeding the greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or one-twelfth (1/12th) of annual debt service on the Certificates for the immediately preceding Bond Year. Amounts deposited in the Debt Service Account which will not be used to pay debt service on the Certificates within thirteen months of their receipt will be invested without regard to yield and receipts in the Debt Service Account which will not be used to pay debt service on the Certificates within thirteen months of their receipt will be invested without regard to yield to the extent they do not exceed the "minor portion" of$ , which is an amount equal to the lesser of $100,000 or 5% ofthe Sale Proceeds of the Certificates. All receipts in the Debt Service Account may be invested without regard to yield for a temporary period of thirty days from receipt, and investment earnings on such sums may be invested without regard to yield for a longer temporary period of one year from receipt. Amounts not entitled to a temporary period or within said minor portion will not be invested at a yield which is materially higher than the yield on the Certificates, or will be invested without regard to yield in obligations which are exempt from federal income taxation under Section 103(a) of the Code and which are not "specified private activity bonds" within the meaning of Section 57(a)(5)(D) ofthe Code. 7. Yield Determination; Materially Higher. Theyield on the Certificates is based on the issue price of the Certificates being the initial offering price to the public (excluding bond houses and brokers) at which a substantial amount (at least 10%) of each maturity of the Certificate was sold. On the date hereof, the yield ofthe Certificates has been calculated to be %; this yield on the Certificates will be recalculated if and as required by the Code or the Regulations. A "materially higher" yield is defined at Section 1.148-2(d)(2) of the Regulations and is generally one-eighth of one percent (0.125%). 8. Rebate. The Issuer is a small issuer not subject to the rebate requirement imposed by Section 148(f) ofthe Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one with the Issuer) less than $5,000,000 of tax-exempt governmental obligations during the calendar year as provided in Section 148(f)(4)(D) of the Code. 1869753vl 3 '" " 9. Intentional Acts. The Issuer shall not intentionally use any portion of the proceeds of the Certificates directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments except to the extent such investments would not have caused the Certificates to be arbitrage bonds if reasonably expected on the date hereof. 10. Basis For Expectations. The facts and estimates on which the foregoing expectations are based are (a) the documents included in the "Transcript" prepared for the Closing, (b) all contracts, if any, heretofore executed for the acquisition of the Equipment, (c) all expenditures which were heretofore made by tlle Issuer for the acquisition of the Equipment and which are to be reimbursed out of the proceeds of the Certificates, and (d) such other facts and estimates, if any, as may be set forth in an Exhibit A attached hereto. 11. No Abusive Arbitrage Device. No "abusive arbitrage device" within the meaning of Section 1.148-10 of the Regulations is used in connection with the Certificates. No action relating to the Certificates has the effect of (a) enabling the Issuer to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage and (b) overburdening the tax-'exempt bond market 12. Familiarity~ Conclusion. We are generally familiar with the requirements of the Regulations, and nothing has been called to our attention to cause us to believe that the proceeds of the Certificates will be used in a manner which would cause the Certificates to be arbitrage bonds within the meaning of Section 148 of the Code. 13. No Other Facts. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances which would materially change the foregoing facts and conclusions. Dated: February _,2006. CITY OF ST. JOSEPH, MINNESOTA By: Mayor By: Administrator-Clerk (SEAL) 1869753vl 4 2006 Trunk Watermain City of 81. Joseph 90% Review submittal to City February 10,2006 Authorize Advertisement March 2, 2006 Publish Advertisement March 17, 2006 Bid Date April 13, 2006 Award April 20, 2006 2006 Street Improvements City of St. Joseph Open House Meetings January 4, 5, 2006 90% Review submittal to City January 24,2006 Authorize Advertisement February 2, 2006 City Meeting/Review March 2, 2006 Publish Advertisement March 3, 2006 Bid Date March 28, 2006 Award April 6, 2006 Dear Madam, Weare writing to inform you of the real story of the death of inmate Ryan Dwight Mosher in the Benton County Jail on June 15,2003. Because ofthe one sided reporting by the media in 81. Cloud covering up for the individuals named in the lawsuit filed by Ralph Mosher we have printed the facts with documentation . We urge you to log on to our website www.injusticeunveiled.com for the complete information. The lawsuit 05-1133 filed in the U.S. District Court of Minnesota awarded on November 22, 2005 to Ralph Mosher $500,000 for the wrongful death of his son Ryan who was incarcerated at the Benton County Jail. A copy of the lawsuit's complaint states the detailed facts of the horrific death Ryan faced after drinking Splash while being detained ina maintenance area of the Benton County Jail. Ryan was inthis special unit because of suicidal tendencies told to the Benton County Jail personnel by the Stearns County Jail ' staff. This information needs to be brought to the public's attention because the individuals named in this lawsuit should be held accountable for their actions/inactions when watching a vulnerable adult with a disability (mental illness) die. A $500,000 settlement awarded for wrongful death is hardly justice for the callous and indifferent attitude towards this person with a mental illness. Many of these individuals are voted in such as the coroner, the county attorney and the sheriff. Because they have failed to properly fulfill their obligations to fair and humane treatment of an inmate under their care we feel they should be discharged from their duties. Changes needed are: . Training and understanding about mental illness issues in law enforcement, jail staff, county attorney's and judges, and doctors in the position of treating the people with mental illness. . Also fair and accurate information be given to the media when reporting such incidents to the public. . . An investigation should be made and criminal charges be brought against those responsible for Ryan Mosher's death. Sincerely, t~~JZma .. . Carol and Jim Otremba ~~ www.injusticeunveiled.com (320)252-8557 625 5th Ave. NE S1. Cloud, MN 56304 Personnel Costs Jim Marthaler 21.47 Maintenance Worker 20.11 Wages 21.47 44,657.60 Wages 20.11 41,828.80 FICA 6.20% 2,768.77 FICA 6.20% 2,593.39 Medicare 1.45% 647.54 Medicare 1.45% 606.52 PERA 5.10% 2,277.54 PERA 5.10% 2,133.27 Sick Leave 96 hrs 2,061.12 Sick Leave 96 hrs 1,930.56 Mediciallns 678 (80%) 6,508.80 Mediciallns 678 (80%) 6,508.80 Dental Ins 20 (80%) 480.00 Dental Ins 20 (80%) 480.00 Work Comp 3.84 1,714.85 Work Comp 3.84 1,606.23 Disability 0.82/100 366.19 Disability 0.82/100 343.00 Uniform 139/mo 1,668.00 Uniform 139/mo 1,668.00 Holiday 12.5 2,147.00 Holiday 12.5 2,011.00 65,297.41 61,709.55 31.39 29.67 Equipment Costs Useful Hours Cost Per Equipment Cost Life Annual Cost Per Year Hour 2005 Freightliner Chassis 128,095.00 10 12,809.50 400 32.02 Air Conveyance Unit 67,143.99 7 9,592.00 400 23.98 195,238.99 22,401.50 56.00 Financial Impact - CR 121 Line Cleaning Additional Hours Rate Annual Cost Years Wages 32 31.39 1,004.48 20.00 20,089.60 32 29.67 949.44 20.00 18,988.80 Equipment 32 32.02 1,024.64 20.00 20,492.80 32 23.98 767.36 20.00 15,347.20 Fuels 32 5.40 172.80 20.00 3,456.00 Total Additional Cost 78,374.40 The Chassis consumes 1.8 gallon of gas per hour. At the current rates of $ 3.00 per gallon the additional charge is 5.40 per hour. This number has been included above. The maintenance not included in the number is replacement of hoses. The replacement is based on use. Therefore over time additional costs will be absorbed by the added use.