HomeMy WebLinkAbout2006 [05] May 18 {Book 37}
Administrdtor
Judy Weyrens
Mdyor .
Richard Carlbom
Councilors
AI Rassier
Ross Rieke
Renee Symdnietz
Ddle Wick
CITY Of ST. JOSEPH
www.cityofstjoseph.com
St. Joseph City Council
May 18, 2006
7:00 PM
1. Call to Order
Approve Agenda
3. Consent Agenda
a. Minutes - Requested Action: Approve the minutes of April 6 & 20, May 4,9,15,2006
b. Bills Payable- Requested Action: Approve check numbers 037240-037319.
c. Liquor Licenses - Requested Action: Approve the annual liquor licenses to include On-Sale
Intoxicating, Off-Sale Intoxicating, Wine and Club Licenses.
d. Assessor Agreement - Requested Action: Authorize the Mayor and Administrator to execute
an agreement for Assessor Services between the City ofSt. Joseph and Stearns County.
e.St. Wendel Fire Contract - Requested Action: Authorize the Mayor and Administrator to
execute the Agreement between the City of St. Joseph and 8t. Wendel Township for fire
protection.
f. Reserve Officers - Requested Action: Authorize the Police Chief to add five additional
reserve officers.
g. Safe & Sober Program - Requested Action: Authorize the Mayor and City Administrator to
execute a resolution for the Police Department to participate in the Safe and Sober program
for year 2006-2007.
h. Drug/Gang Task Force Agreement - Requested Action: Authorize execution of the Drug and
Gang Task Force Inter-Agency Agreement between participating entities and the Central MN
Major Crime Investigation Unit.
i. Outdoor Permit - Requested Action: Authorize execution of the resolution approving the
outdoor event for the St. Joseph Parish 4th of July Celebration.
2.
4. Public Comments to the Agenda
5. 7:00 PM Oath of Office, Daniel Magaard
6. 7:05 PM 2006 Street Improvement Project Bond Sale, Monte Eastvold
7. 7:15 PM St. Joseph Action Group
8. 7:25 PM Rental Housing Update, Inspectron
9. 7:40 PM North East/West Corridor Update, SRF *
10. 8: 15 PM Liquor Violation, La Playette
11. 8:30 PM St. Joseph Parish Outdoor Event
12. 8:45 PM Downtown Committee Request to move forward
13. City Engineer Reports
a. Other Matters
14. Police Chief Reports
15. Mayor Reports
16. Council Reports
17. Administrator Reports
a. Cloud Net Antenna Lease
18. Adjourn
* NOTE: The Park Board has been invited to participate in the discussion; therefore a quorum ofthe
Park Board may be present.
2.l; College Avenue North' PO Box 66s . Sdint. Joseph, Minnesotd )"6)74
Phone ,2.0,6,.72.01 FdX ,2.0.,6,.0,42.
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April 6, 2006
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, April 6, 2006 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee
Symanietz, City Administrator Judy Weyrens
Citv Representatives Present: City Engineer(s) Joe Bettendorf and Tracy Ekola, Public Works Director
Dick Taufen, Mike Sworski
Others Present: S. Paula Revier, Kevin Cox, Tom Stock, Richard Schwegel, John Thom, Tom Weslowski
Approve Aqenda: Symanietz made a motion to approve the agenda; seconded by Rassier and
passed unanimously.
Consent Aqenda: Rassier made a motion to approve the consent agenda as follows:
a. Minutes - Approve minutes of March 2, 2006. Delete Minutes of March 16,2006.
b. Bills Payable - Approve check numbers 037035-037110.
c. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the
New Municipal Wells and authorize payment to Mark J Traut Wells in the amount of
$11,611.94.
d. Application for Payment - Authori~e the Mayor to execute Final Pay Application #8 for
the 2004 Northland Plat 8 Improvements and authorize payment to Molitor Excavating
in the amount of $16,024.08.
e. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the
Water Treatment Plant and authorize payment to John T Jones Construction in the
amount of $64,410.00.
f. Premise Permit';" Approve the Premise Lawful Gambling Permit for the St. Joseph
American Legion Post #328.
g. Maintenance Bond "- Authorize the Mayor and Administrator to execute the
Maintenance Bond Agreement for the Morningside Acres Improvements.
The motion was seconded by Symanietz and passed unanimously.
Public Comments to the AQenda: - No one present wished to speak.
Chlorination of Citv Water: Previously, the Minnesota Department of Health has ordered the City to add
Chlorine to the City water; however due to the number of old mains, they have given the City a grace
period until the older mains are removed. The grace period ends this summer when the 2006 Street
Improvements and associated water main replacements are completed.
John Thom, SEH, approached the Councilors to discuss the process and give the Council a sample of
what the water would taste like with the Chlorine added. He stated that some people will not be able to
taste the Chlorine, whereas, others may. He stated that Cincinnati was the first City in the United States
to chlorinate their water and the Europeans were chlorinating long before that. Many residents may
believe that the need for chlorination is being driven by the addition of the new Water Treatment Facility;
however, according to Thom, the need is being driven by construction. He also stated that chlorination is
the cheapest way to disinfect the City's water supply.
Jon Grothe, District Engineer for the State Health Department, approached the Council as well. He stated
that currently Minnesota has 772 water systems and'557 of them chlorinate their water supply and the
number of chlorinating systems is growing. The reason for the increase in chlorination is due to the rapid
growth and increased liability due to the growth. According to Grothe, non-chlorinating systems do not go
through a treatment process rather they have groundwater systems. They stated that St. Joseph's water
system has high-quality finished water due to advanced controls. There is good turnover of City Water as
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the time that the water is in the pipe network is generally short. In the areas of the City were there is new
watermain, there will be lower demand for chlorine and better stability. They also stated that St. Joseph
has a good maintenance program. Symanietz questioned Grothe as to the average population of Cities
that are not chlorinating. According to Grothe, generally there are fewer than 1000 residents and
generally those cities have a simple process with no filtration.
According to Thom, the City is looking to begin the chlorination in early May and have the system flushed
by fall in time for the new treatment plant to go online. To implement the disinfection process, he stated
that the City would isolate the plant and pump water until chlorine levels are adjusted to the desired
levels. Once that desired level has been found, then the City will begin a flushing program from the
treatment plant on the west side of town to the tower and then work away from the tower to the east side
of town thus pulling the chlorinated water throughout the system.
Carlbom questioned what area of town would most likely have problems occur. Thom stated that it is hard
to predict where such problems will occur. Rieke then questioned how residents will be made aware of
this process and what they need to watch for during the process. Bettendorf responded that the residents
will receive a letter prior to the implementation of the chlorination process. Thom stated that if residents
see colored water, it would be best not to wash white clothes. Carlbom added that there'is a chemical that
residents can add to their laundry during the process. Thom advised the Council that he was recently
involved in a project with a similar system in Hamberg last summer.
St. Joseph Parish - Outdoor liQuor Permit: St. Joseph Parish is celebrating their 150-year anniversary
and they are requesting to expand their annual 4th of July Celebration and receive authorization to close
College Avenue between the Church properties from 5:00 PM July 3rd to 7:00 PM July 4th as well as allow
outdoor music and alcohol until midnight on July 3rd. Rick Schwegel and Tom Stock were present at the
meeting representin~ the committee for the Parish event. Carlbom stated that this is a big event for the
City as it is their 150 year as a parish and the 100th year of the 4th of July Celebration. According to
Stock and Schwegel, there will be a free concert at the church parking lot on the 3rd. On the 2nd, there will
be a Polka mass with the Bishop. They stated that they met with Carlbom during the planning process
and he told them to dream big.
Weyrens stated that there are two outstanding issues.
1. Insurance Certificate
2. Noise Mitigation Plan
Weyrens questioned Stock and Schwegel as to the number of beer tents. They stated that in the past
there was only one, but this year they plan to add two more. They also stated that they plan to have food
tents with pizza and tacos, etc. Carlbom questioned when the beer sales would begin. They replied that
they plan to begin setup around 5:00 PM and then begin sales around the same time as the Firefigher's
Water ball Fight. They would end beer sales at midnight. Knowing that safety and crowd control are other
big areas of concern, Stock and Schwegel stated that they plan to use off duty officers as well as some of
the St. Joseph Police Officers.
Rassier advised the Council that outdoor noise is to end at 10:00 PM. As a result, he questioned whether
or not a special variance could be granted to allow for this. Carlbom questioned whether or not the
Ordinance allows for special consideration of this by the City Council. According to Weyrens, this is not a
land use issue and thus the City Council can make special circumstances. According to Rassier, the
Parish previously held their events on the Church property; however this year they are looking to expand
the event and use the parking lot across the street as well. He also stated that this might not be the right
place for an event like this. Carlbom expressed his concern as to whether or not we should amend the
ordinance to allow for these types of events, as this type of request will come up again.
Rieke questioned whether or not the City has received any response from Stearns County. Weyrens
stated that she spoke with Mitch Anderson and he stated that the streets have always been closed;
however this year there will be fences on the street as well. Carlbom questioned Public Safety to which
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April 6, 2006
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he was advised that the Fire Department and Gold Cross would be notified of the closure. According to
Weyrens, the problem is not the street closure, "rather the consumption of alcohol on the streets. The
following is the schedule for the street closures durin~ the 4th of July Celebration:
Closed: 5:00 PM (July 3rd) - 1 :00 AM (July 4t )
Open: 1:00 AM - 9:45 AM (July 4th)
Closed: 9:45 AM - 5:00 PM (July 4th)
Carlbom questioned how the City will handle future requests and whether a resolution can be passed to
allow for this event. Weyrens stated that a resolution would be drafted and presented to the Council for
approval. According to Carlbom, approval of the request should include the following findings:
· Event is geared toward community
· Noise Mitigation Plan has been submitted
· Proper Insurance Certificates have been provided.
Stock and Schwegel stated that the St. Joseph 4th of July Celebration is the premier summer event in this
area besides the Wheels, Wings, and Water Festival in St. Cloud. They also mentioned that roughly 8-9
out of 10 businesses have given financial support to the church for this event.
Wick made a motion to table the Outdoor Liquor License for the Church of St. Joseph until the
following items are available:
· Resolution approving the outdoor event.
· Written noise mitigation plan
The motion was seconded by Symanietz and passed unanimously.
Public HearinQ - Siqnal LiQht at CR75 & Northland Drive: Weyrens stated that the purpose of the hearing
was to consider the making of an improvement at the intersection of 4th Avenue NE/Northland Drive and
County Road 75. The estimated cost of the improvement is $200,000.
No one wished to speak and the hearing was closed.
There was some discussion amongst the Council as to the continuation of the traffic light study to the
intersection of CR2 and CR3. Carlbom stated that the intersection could be moved. Ekola stated that she
spoke to Mitch Anderson and the cost to do the timing study is approximately $50,000. Bettendorf added
that he would get the information from the County regarding the possible 3rd light.
Rassier made a motion to order the improvement and possibly add the additional timing study.
The motion was seconded by Wick and passed unanimously.
Wick questioned when the installation of the traffic light would begin. According to Weyrens, the parts
have been order and according to Bettendorf, it will most likely be done in late fall.
CITY ENGINEER REPORTS
2006 Street Improvement Proiect: Bettendorf advised the Council the bids were received for the 2006
Street Improvement Project and there were 9 bidders. The bid summary is as follows:
C & L Excavating $
R. L Larson
Kuechle Underground
Northdale Construction
Randy Kremer Excavating
Arcon Construction
S. J. Louis Construction
Barbarossa
F. R. Ferche
1,576,008.81
1,579,473.21
1,689,011.74
1,743,506.94
1,807,518.59
1,820,545.45
1,905,514.15
1,928,315.44
2,232,002.60
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April 6, 2006
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C & L Excavating of St. Joseph submitted the low bid. He stated that he has worked with them on smaller
projects and they have done work in Avon and St. Cloud. According to Bettendorf, C & L received good
references. He also stated that although this is a $1.6 million project, this is simply a larger version of
what they had already done. He recommends awarding the contract to C & L Excavating.
Kevin Cox, C & L Excavating, was present at the meeting. Bettendorf reassured the Council that the
project area would be cleaned for the 4th of July festivities and there will be parking available on the gravel
streets.
Symanietz made a motion to accept the low bid of C & L Excavating and award the contract to the
same for the 2006 Street Improvement Project. The motion was seconded by Wick and passed
unanimously.
Rassier had some questions for Ekola regarding the street improvement project.
. Widening of 1st Avenue: Ekola explained that they would taper 1s Avenue SE to gradually get
wider near Kennedy School. The road will remain 36' at the intersection of Minnesota Street. She
stated that there would need to be some utility poles moved.
. Staking of 1st Avenue NE: Ekola stated that 1st Avenue NE would not be widened; however the
stakes may be from the gas company as they plan to install new gas mains on both sides of the
street. During this process, there may be a short interruption of service and customers will be
notified of the outage.
. Bid Outcome: Bettendorf stated that the bid came in below the Feasibility Report. Rieke stated he
was amazed at how close they were. There was only a $3,000 difference between the high and
low bidder.
Southwest Corridor: Previously, Ekola and Carlbom attended the first committee meeting for the
North/South Corridor Study. At that time, the APO was looking into the possibility of completing the
Scoping and Environmental Impact Statement under separate contracts due to the unknown nature of the
scope of the corridor and because the jurisdictions involved may change after the scoping is completed.
Different cost share scenarios were presented and will be discussed at a future meeting. The costs will be
split between St. Joseph, Waite Park and Stearns County. There was a lack of representation from the
Townships and the Townships set their budgets annually, so it is unsure as to whether or not they will be
able to pay for any of the costs. Rassier stated that if the corridor runs through the Townships as a
County Road, he feels that the County should take on more of the costs. St. Joseph will need to pay more
attention to annexation requests in the project area. Carlbom stated that it is a possibility that it could stay
within Waite Park City limits. Ekola explained that the unknown nature of the scope is the reason why
they plan to split the Scoping and Environmental Impact Statement portions of the study.
MA VOR REPORTS
Police Interviews: Carlbom stated that they held the second round of interviews for the Police Officer
Position on the 1ih. There were five candidates invited back for the second interview and it was narrowed
down to three. Tom Doom is currently conducting background investigations on those three candidates
and the committee hopes to have an answer by the middle of next month.
St. Cloud Chamber: Carlbom also mentioned that he, along with Weyrens, had lunch with Teresa Bohen
of the St. Cloud Chamber and the Mayor and Administrator of Waite Park. They plan to do this on a
monthly basis.
Downtown Committee: According to Carlbom, the Downtown Committee met at the end of the month to
finalize a strategic plan to present to the Council on May 4th. He also stated that the Downtown
Committee has split into 4 sub-committees.
· Urban/Environmental
· Resource Development (fundraising and grants)
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April 6, 2006
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· Promotions
· Organizational
Mayors Lunch:Carlbom stated the he attended a Mayors Lunch with Jason Laker, Jodi Terhar, Judy
Weyrens and Pete Jansky to discuss the upcoming events for the Colleges. He also stated that they plan
to meet again before Senior Farewell. He also reminded the Council that the next two weekends (April 22
and April 29) would be busy weekends for the students.
Minnesota Archers Association: Mayor Carlbom reported that he has been invited to an event at St.
Benedict for the Minnesota Archers Association. He stated that this event would bring about 3000 people
to St. Joseph.
Metro Bus: Carlbom advised the Council that he met with Molly Renslow from the College of St. Benedict
and representatives from Metro Bus as the College is interested in getting regular bus service to the City.
Discussion also included researching alternatives such as dial-a-ride service to St. Joseph. He stated that
if the City is interested in bringing the Metro Bus service to St. Joseph, we should begin the financial
process. Rieke stated that he has seen how far the Metro Bus currently goes and he thinks it would be a
good idea to bring it to St. Joseph and that the old Tom Thumb may be a potential bus location. Carlbom
stated that Rieke should attend future meetings.
School Update: According to Carlbom, he attended a meeting with District 742 with Weyrens. They met
with Bruce Watkins and Kevin Januszewski to get an idea where things are at in the process. They stated
that there are still some meetings needed within the district itself. They did, however, find out that the
district is warming up to a K-8 facility in St. Joseph. Public Hearings will be held on Monday and Tuesday.
· Monday: South Side Boys and Girls Club
· Tuesday: Whitney Senior Center
COUNCIL REPORTS
SYMANIETZ
CAC Meetinq: Symanietz ~eported that she attended the CAC for the North east/west corridor study at
which they reviewed the comment cards from the Public Meeting. Based on those comments, it appeared
that the information was well received.
WICK
School Update: Wick added that the School Board meetings would be held at 6:00 PM both nights.
RASSI ER
St. Joseph Action Group: Rassier stated that he was invited to the St. Joseph Action Group meeting and
Wick was also present. They discussed what had previously been presented. According to Rassier, the
group has some good concerns.
Police Officer Ride-a~lonq: Rassier also mentioned that he rode along with one of the Police Officers. He
stated that it would be good for the rest of the Councilors to ride along with them to see what they do.
RIEKE -No Report
ADMINISTRATOR REPORTS
Sales Tax Update: Weyrens presented the Council with a preliminary breakdown of the sales tax revenue
resulting from the % cent sales tax increase. This information is based on 2003 population data and they
are working on new reports based on more current data.
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April 6, 2006
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Ganq Task Force - Joint Powers Aqreement: Previously, in 2005, the City was approached to be a part of
the regional gang strike task force. A grant was submitted on behalf of the area. Grant funding was not
received by the City of St. Cloud; however, it was received by the MCIU (Central Minnesota Major Crime
Investigation Unit). The area cities will provide one officer to the MCIU to focus on gang activity.
The areas Police Chiefs have been very involved in the process and support the Joint Powers
Agreement. One of the officers from Sartell expressed interest in the position and, as a result, he has
been appointed to that position. The Police Chief from Sartell will be a member of the MCIU Board. If the
program goes away, the City with the greatest need at that time will accommodate that officer.
Weyrens stated that the City could find money in the budget to fund this program, as it is a nominal
amount. According to Weyrens, Jansky has already seen this program work for the City of St. Joseph.
Rieke made a motion to authorize execution of the Joint Powers Agreement to provide Gang Task
Force Officer Staffing and Support. Wick added that local hiring practices must be followed if the
program fails and the officer receives employment at a different agency. The motion was
seconded by Symanietz and passed unanimously.
Adiourn: Rassier made a motion to adjourn; seconded by Symanietz and passed unanimously.
Judy Weyrens
Administrator
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April 20, 2006
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, April 6, 2006 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee
Symanietz, City Administrator Judy Weyrens
City Representatives Present: City Engineer(s) Joe Bettendorf and Tracy Ekola
Others Present: Patrick Conway
Approve Aqenda: Rassier made a motion to approve the agenda with the following changes:
Delete 3a - Minutes
Add 12a -Cable Commission Pay Increase
After meeting Recess to conference room to look at colors for the Water Treatment Plant
The motion was seconded by Rassier and passed unanimously.
Consent Aqenda: Rassier made a motion to approve the consent agenda as follows:
a. Minutes - Deleted
b. Bills Payable - Approve check numbers 037111-037177.
c. Gambling License Renewal - Accept the Lawful Gambling License Renewal for the St.
Joseph Recreation Association for Loso's Mainstreet Pub, 21 W Minnesota Street and
authorize execution of the Gambling Lease for Millstream Park.
d. Donation - Accept the donation from Central Minnesota Federal Credit Union in the
amount of $750 to be applied to the costs for the Fallen Officers Memorial Service.
The motion was seconded by Symanietz and passed unanimously.
Public Comments to the Aqenda: - No one present wished to speak.
2006 Street Improvement Financinq: Monte Eastvold, Northland Securities, presented the Council with
the proposed bond sale of $2.2 million for the 2006 Street Improvement project. He stated that the total
cost of the project includes the traffic signal at the corner of CR 75 and 4th Avenue SE. Due to the size of
the bond issue, the city's bond rating will need to be reviewed by Moodys of New York. This will be a 15-
year bond totaling $2,375,000. Payments will begin in 2007 and the annual payments will be
approximately $215-218,000. The revenue will come from special assessments with interest, storm water
revenues, water and sewer revenues and tax levies. Eastvold stated that if the city receives the revenue
as projected, there would be a positive cash flow at the end. The bond will be issued on May 18, 2006.
According to Eastvold, there are two items that need approval:
· Financial Advisory Services Contract
· Set the bond sale for May 18, 2006
Symanietz made a motion to execute the Financial Advisory Services Contract between the City of
St. Joseph and Northland Securities. The motion was seconded by Rassier and passed
unanimously.
Rieke made a motion to set the bond sale for May 18, 2006 for the competitive sale of the
$2,375,000 bond. The motion was seconded by Symanietz and passed unanimously.
Interim Use Permit. Patrick Conway. 35 - 2nd Avenue SE: Previously, on April 3, 2006, the Planning
Commission held a public hearing to review the request for an Interim Use Permit. The Planning
Commission received objection to the proposed Interim Use; however the applicant is meeting the
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April 20, 2006
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requirements for Interim Use. At that meeting, it was recommended that the City Council approve the
request contingent upon the property owner meeting all outstanding rental-housing issues.
Rassier stated that because this is in an R1 zoning district, it fits the Ordinance for this to be an owner-
occupied rental. Conway will need to clear up any outstanding issues with the Rental Inspector as well as
comply with only three unrelated adults by June 1, 2006. Conway approached the Councilors and he
stated that it was his intent to have all of the residents who have signed leases through 2007 to stay until
that time, however he will comply by June.
Wick questioned Weyrens as to how many Interim Use Permits will be allowed in the City. Weyrens
stated that there is no set number as this has never been discussed. She also mentioned that the City is
now becoming more active with these types of issues.
Rassier made a motion to accept the recommendation of the Planning Commission and approve
the Interim Use Permit for Patrick Conway, to allow an owner occupied rental at 35 - 2nd Avenue
NE contingent upon him complying with the maximum of three unrelated adults by June 1, 2006.
The motion was seconded by Symanietz and passed unanimously.
Graceview Estates - PUD Amendment: Previously, on April 3, 2006, the Planning Commission held a
public hearing to review the request for PUD Amendment. The amendment to the PUD would change a
portion of the trail.
Wick explained to the Council that the Park Board met with the developer, Bob Herges, and the residents
along the affected area. The developer has agreed to remove the future trail from Elena Lane and add
trail from ih Avenue to the North side of Kleinfelter Park and connect to the trail in Klinefelter park.
Carlbom clarified that there would be no trail along Elena Lane, to which Wick stated that those lots are
already sold and currently there is no trail and it is causing confusion for the residents.
Bob Herges approached the Councilors and stated that on the original plat, Phase 1 and 2 were not
connected. Herges stated that they, as the developer, paid for a connection between Phase 1 and 2.
According to Rassier, the City gains by the proposed change of the Graceview Trail.
Rassier made a motion to accept the recommendation of the Planning Commission and approve
the Amendment to the PUD entitled Graceview Estates to change a portion of the trail. The motion
was seconded by Rieke and passed unanimously.
Hughes advised the Council and the residents that the next meeting for the St. Joseph Action Group
would be held on May 10, 2006 at 7:00 PM at the St. Joseph Legion. She stated that anyone is welcome
to attend. Carlbom stated that he had attended their meetings in the past; however he advised the
Council that there can be no more than two council members present at one time or it would be
considered a quorum.
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April 20, 2006
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CITY ENGINEER REPORTS
Water Treatment Plant Color Selections: Bettendorf stated that the Council would recess after the
meeting to look at some color samples for the Water Treatment Plant..
St. Cloud Wastewater Treatment Facilitv: Ekola stated that the information presented to the Council was
for informational purposes rather than discussion. According to Ekola, that information will be presented
and discussed at an Area Cities Meeting to be held at Sartell City Hall on April 25, 2006 at 5:30 PM.
MAYOR REPORTS
School Update: Mayor Carlbom advised the Council that he attended the two public meetings that were
held regarding the future school in St. Joseph. At the 1st meeting, there were no residents present. At the
2nd meeting, there were 3 residents present. According to Carlbom, once the bond referendum is
approved, people will begin to attend those meetings, as they need more information at this time.
St. Cloud Economic Partnership: Carlbom stated that he attended the Partnership meeting at which they
discussed the fees for businesses to become members. The fee is $2,500 for businesses to join and the
response from the local business has been positive. Their goal is to help market the St. Cloud Area for
economic development opportunities.
APO Executive Committee: Carlbom also attended the APO Executive Committee Meeting at Which they
announced that there would be no Full Board meeting in April.
. EDA Meetinq: Carlbom stated that the EDA met; however he stated that Rieke would report on that.
COUNCIL REPORTS
SYMANIETZ - No Report
WICK
Kleinfelter Park: Wick stated that there have been some complaints regarding the traffic through the park.
A sub-committee has been formed to look at ways to control traffic in the park.
4th Avenue Sidewalk: According to Wick, the Park Board is recommending that the sidewalk along 4th
Avenue SE be constructed on the east side of the road rather than the west for several reasons.
The Fire Department does not want the sidewalk on the west side for safety reasons.
· There is a lot of traffic coming in and out of Casey's.
· The trail in Northland is on the east side and, as a result, it would be easier to connect with the
trail near Iris Lane once a connection is made from CR75 to Iris.
· There is a lot of traffic at the Intersection of Cedar and Northland and it would be safer for
residents to cross on the east side.
RASSIER - No Report
RIEKE
EDA Meetinq: Rieke stated that the EDA met on Wednesday and it is reported that one of that remaining
lots in the Buettner Business Park has been sold. They are also looking at a 35-acre parcel for expansion
in the City. Meetings are being held to discuss the various roles for encouraging business growth in the
City. The EDA has also been discussing the look and shape of the current Hwy 7.5 Business District and
how they can work with what is currently there.
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April 20, 2006
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ADMINISTRATOR REPORTS
Cable Commission Pay Increase: Weyrens advised the Council that the head of the Cable Commission is
requesting a pay increase of $100 a month.
Rassier made a motion to approve the $100/month pay increase for the head of the Cable
Commission. The motion was seconded by Wick and passed unanimously.
Police Officer Hire: Weyrens stated that the background checks are near completion and the Council
could extend a conditional job offer as soon as May 4, 2006 and the new officer could be sworn in on May
18,2006. Rassier stated that after discussions with Chief Jansky, it can take up to three months of
training for an officer to learn the City Ordinances and Police processes.
Sprinasted Study: Springsted has been hired by the City to do a Job Study. Weyrens stated that they
would like to present their findings to the Council on May 9,2006 at 5:00 PM.
Wick made a motion to recess to the conference room to review colors for the new Water
Treatment Facility. The motion was seconded by Symanietz and passed unanimously.
Water Treatment Plant Color Selections: After a short recess the meeting was reconvened and Carlbom
stated that the colors for the new facility would be a mixture of earth tones. The Council decided to use
aluminum for the trim rather than the copper.
Adiourn: Symanietz made a motion to adjourn at 8:15 PM; seconded by Rieke and passed
unanimously.
Judy Weyrens
Administrator
Draft
May 4, 2006
Page 1 of 6
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, May 4, 2006 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee
Symanietz, City Administrator Judy Weyrens
City Representatives Present: City Engineer(s) Joe Bettendorf and Tracy Ekola, Public Works Director
Dick Taufen, Mike Sworski
Others Present: Bill Wasner, Daryl Studer, Ida Johnson, Ellen Wahlstrom
Approve AQemda: Rassier made a motion to approve the agenda with the following changes:
Add
Add
Add
Move
10b
10c
10d
10a to 7d
Conditional Job Offer for Full-time Police Officer
Advertisement for Part-time Officer
Schedule Evidentiary Hearing for the La Playette
Transportation Planning Committee
The motion was seconded by Symanietz and passed unanimously.
Consent Aqenda: Symanietzmade a motion to approve the consent agenda as follows:.
a. Minutes - Approve minutes of March 2 & 16, 2006 & April 6, 2006.
b. Bills Payable - Approve check numbers 037178-037239.
c. Application for Payment - Authorize the Mayor to execute Application for Payment #2
for the Water Treatment Plant Project and authorize payment to John T. Jones
Construction in the amount of $274,893.90.
d. Application for Payment - Authorize the Mayor to execute Application for Payment #4
for the 2005 Northland Heights Project and authorize payment to Erin Contracting in
the amount of $152,173.85.
e. MADD Donation - Accept the donation from MADD to be used for a digital video
camera for the Police Department.
1. Donations - Accept the donations from the Holiday Inn, Fraternal Order of Police,
Eagles Aerie 622 and St. Cloud PBA for the Law Enforcement Memorial Association
service to be held on May 7, 2006.
The motion was seconded by Wick and passed unanimously.
Public Comments to the Aqenda: - No one present wished to speak.
Historical Society Update: Bill Wasner, 409 E Minnesota Street, approached the Council representing the
St. Joseph Historical Society. Daryl Studer, Ida Johnson, and Ellen Wahlstrom were also present. He
stated that they will be losing their space atthe First State Bank in June and, as a result, they are asking
the City for some space. Carlbom questioned how much space they are requesting. Wasner replied that
the room at the First State Bank is 20x35.
Weyrens advised the Council that this came before the Planning Commission as well and they had
discussed the potential use of the old City Hall. TOPS is currently using that facility on a weekly basis as
well as the St. Joseph Food Shelf. TOPS would then need to find a new meeting place. There are also no
security measures in place right now. Carlbom added that the College has some vacant property and
perhaps they would be willing to let the Historical Society use some of that space.
With respect to the Old City Hall, Rassier stated that there are certain items that will need to be updated
or replaced. Weyrens added that there are also some temperature/heat control issues. Rassier suggested
that the City request bids from a few contractors to determine a cost estimate for the improvements.
Draft
May 4, 2006
Page 2 of6
Carlbom questioned whether or not the building would need to be brought up to code if there are
improvements made. Weyrens stated that the restrooms are up to code already as this is currently used
as a City polling place.
Wasner requested that he be able to go and look at the facility to see if there is enough space to meet
their needs. Weyrens suggested that Wasner contact the Public Works Director and have him meet him
there to look at the facility to get some ideas of what would need to be repaired. Following their walk-thru,
Weyrens suggested that they have a contractor come in to give the City some bids. At that point, the
Council would have more information to work with.
Ellen Wahlstrom, 409 - 8th Avenue NE approached the Council as well to represent the Historical Society.
She qu.estioned whether the Old City Hall would be a temporary or permanent location for the group.
Carlbom stated that right now the City couldn't guarantee a permanent location. Wahlstrom added that at
some point she would like the City to provide the Historical Society with a permanent location, which she
thinks they should have something nicer than the Old City Hall with more amenities. Rassier stated that
he agrees it would be nice to have a City Center where the group could keep their things there
permanently, however the City currently does not have the funds for such. Wahlstrom concluded by
stating that there needs to be more City support for the S1. Joseph Historical Society as the committee
has worked very hard to make it what it is today.
Midniqht Haulers - Amended Development Request: Previously, the Planning Commission considered
the request of Midnight Haulers to construct a directional sign and to request relief from Landscaping
requirements. During the Planning Commission meeting, it was determined that Midnight Haulers did
plant four trees along CR 133 as indicated on the original site plan. Their question was whether or not the
landscaping need be extended further along CR 133. Rassier added that the Planning Commission made
recommendation accepting the four trees along CR 133 as fulfilling the landscaping requirement; however
if the fence along CR 133 is permanently removed, then additional trees must be planted. According to
Weyrens, this request was prompted by a misinterpretation of the Developer Agreement.
Rassier made a motion to accept the recommendation of the Planning Commission and accept the
four trees along CR 133 and require that if the fence along CR 133 were permanently removed,
additional trees would be planted. The motion was seconded by Wick and passed unanimously.
Wick requested that the motion be added to the Developer Agreement.
The second request was to install a directional sign for their shipping/receiving department. The City
Ordinance does not specifically address directional signs. The proposed directional sign was 32 square
feet. There was some discussion amongst the Planning Commission members as to whether or not they
could have their name and/or logo on the sign and whether or not that would be considered advertising.
The commissioners came to an agreement to recommend approval of a directional sign not more than 18
square feet and with no name or logo on it.
Since the City's Ordinance does not address directional signs, the area cities were contacted to see what
their size limits are. Wick questioned how the Commissioners .decided on 18 square feet as a maximum
when area cities are much smaller. Rassier stated that they felt that 18 square feet was a good size. The
Planning Commission will be reviewing the Ordinances and, at that time, they will add directional signs to
the Ordinances. The owner has agreed to work with the City and change the sign if the City limits the size
during the review of the Ordinances.
Wick then questioned placement of the sign. Rassier stated that it is not known exactly; however he did
state that the sign would be near the receiving department. He explained that new drivers who are not
familiar with their facility have been entering using the parking lot, so they want to direct them towards the
correct entrance. Wick stated that the sign must then be big enough for the truck drivers to see when
approaching the entrance on the south side. Weyrens stated that she is concerned with their name or
logo being on the sign, as the Ordinance does only allow for one business sign. .
Draft
May 4, 2006
- Page 3 of6
Rassier made a motion'to recommend approval of a directional sign not to exceed 18 square feet
and with no advertising until an Ordinance is adopted for directional signs within the City. The
motion was seconded by Rieke and passed unanimously.
CITY ENGINEER REPORTS
Transportation Plan: Previously, the City has initiated a study to define the transportation network
required to best serve future needs of St. Joseph. This would be a supplement to the Comprehensive
Plan and will provide orderly framework for development. The goal of the study is to emphasize mobility,
safety and connectivity within the City and provide guidance for future cross sections. Some of the key
issues, which have prompted the study, include anticipated commercial and residential development
within the City and in the surrounding properties and the need to identify and preserve future
transportation corridors as development stretches out to currently undeveloped land. The study are will
include the existing City limits and Orderly Annexation Area for St. Joseph Township as previously
identified. According to Bettendorf, there will be Public Input Meetings held throughout the Study along
with Stakeholder Meetings.
Bettendorf added that the Stakeholders have been selected; however none of them have been contacted
until the Council approves the appointments. The Council requested City Staff to accept and review
applications for the committee, bringing forward a proposed committee. The following is the
recommendation of the Staff:
. City Council
. Planning Commission
. EDA
. St. Joseph Township
. Stearns County
. City of Waite Park
. Business owner
. Business owner
. Business owner
. Citizen
. Citizen
. Citizen
Ross Rieke
Gary Utsch
Cynthia Smith-Strack
No appointment as of yet, however Matt Symalla expressed interest
No appointment yet - Mitch Anderson
Bill Schluenz
Joe Leach, Bliss Direct
Greg Reinhart, First State Bank
John Meyer, DM Building
Margaret Hughes
Mike McDonald
Roger Beuning
Weyrens stated that if there were any changes to the stakeholder list, they would be brought to the City
Council for approval.
Wick made a motion to approve the Stakeholder List for the 2006 Transportation Study as
presented; seconded liy Symanietz and passed unanimously.
Ayes: Wick, Symanietz, Carlbom, Rieke
Nays: Rassier Motion Carried 4:1:0
2006 Trunk Water Main Improvement Bids: Ekola stated that bids were previously opened for the 2006
Trunk Water Main Improvement Project and that there were 7 bidders. The bid summary is as follows:
Randy Kramer Excavating
Burschville Construction
J R Ferche
Sunblad Construction
R L Larson Excavating
Northdale Construction
Barbarossa & Sons
$482,116.69
$488,572.80
$494,374.50
$523,265.37
$566,169.80
$589,717.96
$633,599.20
Draft
May 4,2006
Page 4 of6
She stated that Randy Kraemer Excavating was the lowest bidder. According to Ekola, he is a reputable
contractor and has done other Work within the City such as the 16th Avenue Improvements, Southeast
. . .
Utility project, Foxmore Hollow, and Graceview 2. The bids did come in higher than the feasibility report
and Ekola explained that the reason for that is that they found bad soil during the design process and that
the cost of materials is rising. Wick questioned whether the costs for the project are set or whether or not
they will increase during the project. Ekola explained that the unit prices are set, however the quantity
may increase due to site conditions.
Rieke made a motion to accept the bid from Randy Kramer Excavating, Watkins, MN in the amount
of $482,116.69 for the 2006 Trunk Water Main Improvements.
4th Avenue Sidewalk: Ekola stated that at the previous Council Meeting, the City Council discussed the
possibility of moving the sidewalk along 4th Avenue North to the east side. Carlbom questioned whether or
not there has bean any contact with the First State Bank or the adjoining property owners. Ekola advised
Carlbom that they have spoken with the bank and the City owns the property adjacent to the bank.
Wick made a motion to accept the recommendation of the Park Board and move the future
sidewalk along 4th Avenue North to the east side of the road. The motion was seconded by
Symanietz and passed unanimously.
2006 Street ImprovementProiect: Ekola advised the Council that C & L is planning to begin work on the
2006 Street Improvement on May 15, 2006. They plan to begin by milling the bituminous surface on the
affected streets with the exception of 1 st Avenue SE until school is out. They also plan to begin removing
any affected trees.
Water Treatment Facilitv: According to Ekola, the contractor has been working on the footings and things
seem to be going well so far.
MAYOR REPORTS
Habitat for Humanitv: Carlbom stated that Weyren.s has been working with the representatives from
Habitat for Humanity. He also stated there is one developer who expressed interest in partnering with
Habitat and providing a lot for construction at a reduced rate.
Fireman's Dinner: Carlbom mentioned that he attended the annual Fireman's Dinner held at Trobec's
Event Center Cind that the Fire Department will fund some equipment for the new personnel transporter
with the proceeds.
Fire Board Meetina: Carlbom stated that he attended the Fire Board meeting. One item of discussion was
the contracts with St. Joseph Township and St. Wendel Township. The 8t. Wendel Contract has already
expired and the new contract has not yet been executed due to delays. He stated that the contract with
the St. Joseph Township is set to expire in June.
Carlbom also announced that on May 22, the Fire Department would be having a disaster drill in Bel
Claire Acres as part of the 81. Cloud Disaster Relief Plan. Randy T orborg, Fire Chief, will be head of the
drill. According to Carlbom, he is concerned with the amount of media interest that has been shown so
far.
Downtown Committee: According to Carlbom, the Downtown Committee has approved their strategic plan
and it is now ready for recommendation to the City Council. The Downtown Committee will be meeting
jointly with the City Council on May 15 to discuss the plan and implementation.
Area Cities Meetinq: Carlbomstated that he attended the Area Cities Meeting at which they discussed the
expansion of the 81. Cloud Wastewater Treatment Plant. He stated that there was good discussion
amongst the area cities. They reviewed the population estimates and it is apparent that some cities were
very conservative whereas others were too generous.
Draft
May 4, 2006
Page 5 of 6
Healthy Community Partnership: Mayor Carlbom announced that the HCP will be sponsoring a cleanup
night on May 8, 2006 beginning at 6:00 PM. They will work on cleaning the downtown areas to include
Minnesota Street and College Avenue.
COUNCIL REPORTS
SYMANIETZ
Area Cities Meetinq: Symanietz reported that she attended the Area Cities Meeting as well and she found
it to be very informative and lots of good information was presented.
WICK - No Report
RASSIER - No Report
RIEKE - No Report
ADMINISTRATOR REPORTS
Police Officer: Weyrens advised the Council that the background checks are complete and she is
requesting authorization to make a conditional job offer to the top candidate for the full-time police officer
position. The offer would be contingent upon positive results of a physical and psychological evaluation.
She is also requesting that the second candidate be offered the part-time officer position that is available.
Then, if a promotion were made internally for the sergeant position, that officer would then be offered a
full-time position.
Carlbom and Symanietz both agreed with the request to offerthe second candidate a part-time position
with the opportunity to become full-time if there were an internal promotion. They stated that a lot of time
and money were spent on the background checks and it would not make sense to go through it all again.
Weyrens stated the Police Application was a very detailed process. The application was 25 pages long
and contained an essay, autobiography, and some examples of problems they have encountered in their
previous employment. Those applicants who filled out the applications completely were serious about a
position with the City. There were two rounds of interviews. The first interview lasted roughly 15 minutes
and the second lasted about 45 minutes. After the second interview, background investigations were
conducted on the top three candidates.
Symanietz made a motion to authorize the conditional job offer to the top candidate for the full-
time officer position. If that candidate refuses the offer, then it would be offered to the second
candidate. The motion was seconded by Rassier and passed unanimously.
Rassier made a motion to offer the part-time position to the second candidate. The motion was
seconded by Wick and passed unanimously.
Part-time Officer: Weyrens stated that if the sergeant gets promoted and the part-time officer is offered
full-time, there would be another opening for a part-time officer.
Rieke made a motion to authorize the advertisement for a part-time officer. The motion was
seconded by Symanietz and passed unanimously.
LaPlayette Violation: Weyrens reported that the LaPlayette has received an alleged liquor violation and
they are requesting an evidentiary hearing. The hearing will be handled judicially and the length will
depend on the number of witnesses. The possible times for the hearing are:
1st Choice May 17, 2006 4:00 PM
2nd Choice May 19, 2006 4:00 PM
3rd Choice May 31, 2006 4:00 PM
Draft
May 4, 2006
Page 6 of6
Chlorination Notice: According to Weyrens, a newsletter is being sent to all City residents. Staff is in the
process of getting the letters ready for mailing. The newsletter will contain information about the
chlorination as well as other City information such as dog tags, garbage pick-ups, parade contacts,
garage sale information, etc.
Adiourn: Wick made a motion to adjourn at 8:05 PM; seconded by Rieke and passed unanimously.
Judy Weyrens
Administrator
DRAFT
May 2, 2006
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session
on Tuesday, May 9, 2006 at 5:00 PM in the St. Joseph City Hall.
Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Ross Rieke, Renee Symanietz, Dale
Wick. Administrator Judy Weyrens.
Others Present: Springsted Representatives Sharon Klump and Brenda Kruger, Dick Taufen, Pete
Jansky, Mary Generous.
Mayor Carlbom opened the meeting and stated the purpose of the meeting is to review the findings of the
Organization Study as prepared by Springsted.
Sharon Klump provided the Council with an overview of the study process. Klump stated the objective of
the Study is to conduct a classification and compensation study and review organization staffing. To
complete the objectives all the employees where requested to complete a survey which included a
summary of major tasks and a position analysis questionnaire. This analysis compared actual job tasks
with job descriptions.
During the data collection process it became evident that the City has some critical staffing needs. Klump
identified the following needs:
. Administrator - job responsibilities have grown beyond what can be effectively handled by one
person.
. Finance - Establish a Finance Director position that will report to the City Administrator.
Responsibilities to include planning for capital projects, responding to expanding operating needs,
establishing internal controls, budget development and administration, providing financial reports,
and supervising/performing financial operations. The City may wish to conside'r designating the
Finance Director as the City Clerk.
. Planning - Establish a City Planner that will report to the City Administrator. Responsibilities to
include project/plan review, zoning code administration, development of staff reports and
recommendations for the Planning Commission and City Council.
. Public Works - Opportunity for succession planning exists. Good opportunity to create an
Assistant Public Works Director position in preparation of the Superintendent's retirement.
. Administrative Support - Clarify administrative support roles.
. Police - Staffing should keep pace with calls for service, population and growth.
The Council spend considerable time how to best use resources and if the City should focus on a
Planning position or Finance position. The Council agreed that for planning purposed the Council should
determine the staff that will be needed when the City reaches a population of 8,000. After this chart is
developed the current structure should work into the future chart and gaps in staff can be budgeted and
phased over time. .
The Council agreed that staffing needs have changed over the years and the organization chart has not
reflected those changes. In order to move the process forward, Klump will provide the City with revised
job descriptions. The job descriptions will reflect the information provided by each employee. From these
job descriptions the compensation study will be completed. In addition, Springsted will provide the Council
with a future organization chart based on a population of 8,000.
Adiourn: The meeting was adjourned by consensus at 6:30 PM
Judy Weyrens
Administrator.
City of St. Joseph
Bills Payable
May 15, 2006
Check
Search Name Comments Amount FUND DEPART OBJ
Nbr
037240 CITY OF ST. JOSEPH building $1,050.00 434 49440 530
037241 GLATZEL, LEO & THERESA 1 st of 5 annual $49,133.31 434 49440 530
037242 POSTMASTER newsletter $552.79 601 49420 322
037250 STEARNS COUNTY AUDITOR-TREAS R31.21302.000-GI $54.00 101 41910 449
037251 ACCLAIM BENEFITS administration $33.35 101 42120 137
037251 ACCLAIM BENEFITS administration $3.70 603 43230 137
037251 ACCLAIM BENEFITS administration $3.70 602 49490 137
037251 ACCLAIM BENEFITS administration $11.11 101 45202 137
037251 ACCLAIM BENEFITS administration $11.11 101 41530 137
037251 ACCLAIM BENEFITS administration $22.22 101 41430 137
037251 ACCLAIM BENEFITS administration $14.81 601 49440 137
037253 AUTO BODY 2000 reset dry system $541.15 601 49430 210
037254 AUTO VALUE PARTS STORES - WEST shop supplies $61.33 101 45202 210
037254 AUTO VALUE PARTS STORES - WEST shop supplies $61.32 601 49440 210
037254 AUTO VALUE PARTS STORES - WEST shop supplies $61.32 602 49450 210
037254 AUTO VALUE PARTS STORES - WEST headlight $10.06 105 42260 220
037254 AUTO VALUE PARTS STORES - WEST shop supplies $61.33 101 43120 210
037255 BANYON DATA SYSTEM GASB software $39.50 101 43120 300
037255 BANYON DATA SYSTEM GASB software $39.51 601 49440 215
037255 BANYON DATA SYSTEM GASB software $39.51 101 41530 215
037255 BANYON DATA SYSTEM GASB software $39.51 602 49490 215
037255 BANYON DATA SYSTEM GASB l?oftware $39.51 101 42120 215
037256 BATTERIES PLUS battery tester, $60.67 602 49470 230
037257 BILL WASNER'S SALES & SERVICE snow removal 4 $160.00 101 43125 410
037258 BO DIDDLEY'S $27.64 101 42140 331
037259 BRANNAN LOCKSMITH keys & locks - $21.14 101 45202 220
037259 BRANNAN LOCKSMITH keys & locks - city $21.13 101 41942 220
037260 BUNNELL RANDY install booster $840.00 433 43120 530
037261 CASEY'S GENERAL STORE safety $3.79 101 43120 212
037261 CASEY'S GENERAL STORE safety $3.80 101 45202 212
037261 CASEY'S GENERAL STORE safety $3.80 601 49440 212
037261 CASEY'S GENERAL STORE safety $3.80 602 49490 212
037262 CENTRAL MCGOWAN medical oxygen $50.00 105 42270 210
037263 CITY OF ST. CLOUD sewer rental $11,705.49 602 49480 419
037264 COLD SPRING VETERINARY CLINIC kennel fees $14.00 101 42700 300
037264 COLD SPRING VETERINARY CLINIC kennel fees $28.00 101 42700 300
037265 CUMMINS NORTH CENTRAL, INC air cleaner $115.85 602 49470 230
037266 DOOM, THOMAS 3 background $1,742.95 101 42120 300
037267 DRIVER & VEHICLE SERVICES DIV license plate for $3.00 105 42210 446
037268 ERIN CONTRACTING Pay app #4 $152,173.8 435 49450 530
037269 GOODIN COMPANY water heater, sink, $323.15 205 45203 531
037270 GRAINGER cement drill bits $13.60 101 45202 210
037270 GRAINGER cement drill bits $13.61 101 43120 210
037270 GRAINGER lamps $182.24 101 43120 210
037271 GRANITE ELECTRONICS repair 3 portable $167.09 602 49490 220
037271 GRANITE ELECTRONICS repair 3 portable $167,09 601 49440 220
037271 GRANITE ELECTRONICS repair 3 portable $167.10 101 45202 220
037271 GRANITE ELECTRONICS repair 3 portable $167.10 101 43120 220
037272 HAWKINS WATER TREATMENT GROUP Influent BOD Test $91.20 602 49480 312
037272 HAWKINS WATER TREATMENT GROUP hypochlorite $768.00 601 49420 210
037272 HAWKINS WATER TREATMENT GROUP Iy-rust-go $270.00 601 49430 210
037272 HAWKINS WATER TREATMENT GROUP 165 gallon tank $788.50 601 49430 580
037272 HAWKINS WATER TREATMENT GROUP Phosphorus Test $40.20 602 49480 312
037273 HENRYS WATERWORKS INC 1" remote reader & $598.07 601 49430 210
037273 HENRYS WATERWORKS INC remote readers, $1,713.48 601 49430 210
037274 HOME DEPOT CR supplies $9.90 101 45201 220
037275 INFRATECH televising pipeline $525.00 602 49450 220
037275 INFRATECH JeWac cleaning $877.50 602 49450 220
037276 JM GRAYSTONE OIL CO., INC fuel $103.01 101 43220 210
037276 JM GRAYSTONE OIL CO., INC fuel $161.12 105 42220 210
037277 KEEPRS, INC/CY'S UNIFORMS equipment repair $11.61 101 42120 220
037277 KEEPRS, INC/CY'S UNIFORMS vest-P Jenssen $951.85 101 42120 171
City of St. Joseph
Bills Payable
May 15, 2006
Check
Search Name Comments Amount FUND DEPART OBJ
Nbr
037277 KEEPRS, INC/CY'S UNIFORMS B Meyer clothing $52.95 101 42120 171
037277 KEEPRS, INC/CY'S UNIFORMS P Jansky-cell $16.99 101 42120 171
037278 KLEIN CUSTOM WOODWORKING INC cabinets for $2,650.00 205 45203 531
037279 LEAGUE OF MN CITIES Jansky Cities $70.00 101 42120 433
037279 LEAGUE OF MN CITIES Rieke - Cities $70.00 101 41110 433
037280 LEE'S ACE HARDWARE supplies $27.08 601 49440 220
037280 LEE'S ACE HARDWARE supplies $15.45 101 45201 220
037280 LEE'S ACE HARDWARE supplies $61.77 101 45202 220
037280 LEE'S ACE HARDWARE supplies $30.38 101 42120 220
037280 LEE'S ACE HARDWARE supplies $8.85 602 49450 220
037280 LEE'S ACE HARDWARE supplies $38.51 101 41942 220
037280 LEE'S ACE HARDWARE supplies $21.37 101 43120 220
037281 LEEF BROS clothing monthly $55.06 101 43120 171
037281. LEEF BROS clothing monthly $55.06 101 45202 171
037281 LEEF BROS floor mats & $64.26 101 42120 220
037281 LEEF BROS floor mats & $105.41 101 41430 220
037281 LEEF BROS clothing monthly $55.06 602 49490 171
037281 LEEF BROS clothing monthly $55.06 601 49440 171 J
037282 LIFESTYLE BUILDERS replacement of 3 $350.00 490 43120 520
037282 LIFESTYLE BUILDERS replacement of 3 $350.00 602 49490 520
037282 LIFESTYLE BUILDERS replacement of 3 $350.00 490 45202 520
037283 MANEY INTERNATIONAL INC. brake repairs-Chev $760.70 101 43125 220
037283 MANEY INTERNATIONAL INC. brake repairs-Chev $760.70 101 43120 220
037284 MCDOWALL COMFORT MANAGEMENT 2006 Maint $5,784.00 101 41942 220
037285 MCFOA 2006-2007 Dues $35.00 101 41430 433
037286 MENARDS supplies $28.59 601 49440 210
037286 MENARDS shop supplies $157.22 101 45201 210
037286 MENARDS supplies $28.59 602 49490 210
037286 MENARDS self-igniting torch $24.58 105 42220 240
037287 METRO PLUMBING & HEATING repair frozen water $81.99 101 45202 210
037288 MIDWAY IRON AND METAL stainless steel $48.29 101 43120 220
037289 MINNESOTA DEPARTMENT OF HEALTH water license $23.00 601 49440 446
037290 MINNESOTA ELEVATOR, INC service-may $82.57 101 41942 220
037291 MINNESOTA TRAVEL MANAGEMENT Lease 4783 $898.80 101 42152 414
037291 MINNESOTA TRAVEL MANAGEMENT Lease 5244 $859.50 101 42152 414
037291 MINNESOTA TRAVEL MANAGEMENT Lease 845.10 $845.10 101 42152 414
037292 MUNICIPAL EMERGENCY SERVICES pressure & suction $77.25 105 42220 585
037293 NORTHLAND TRUST SERVICES INC 2006 GO Water $56,817.71 601 47100 611
037293 NORTHLAND TRUST SERVICES INC 2005 GO Water $94,571.88 601 47100 611
037293 NORTHLAND TRUST SERVICES INC 2004 Go Cert of $3,178.75 432 47100 611
037293 NORTHLAND TRUST SERVICES INC 2005 Go $81,375.00 335 49450 611
037293 NORTHLAND TRUST SERVICES INC 2005 GO $31,320.00 333 47100 611
037294 OFFICE MAX paper $12.84 101 41430 200
037295 ONE CALL CONCEPTS, INC notification- $184.25 602 49490 319
037295 ONE CALL CONCEPTS, INC notification- $184.25 601 49440 319
037296 PITNEY BOWES postage-metered $2.05 602 49490 322
037296 P.ITNEY BOWES postage-metered $247.85 101 41430 322
037296 PITNEY BOWES postage-metered $157.65 101 42120 322
037296 PITNEY BOWES postage-metered $1.92 150 46500 322
037296 PITNEY BOWES postage-metered $0.53 105 42210 322
037297 PITNEY BOWES INC postage rental $182.11 101 41430 410
037298 POWERHOUSE OUTDOOR EQUIP blades and $31.69 602 49480 210
037298 POWERHOUSE OUTDOOR EQUIP trash pump $21.99 602 49450 210
037299 POWERPLAN air filters $52.24 101 43120 210
037299 POWERPLAN air filters $52.25 101 43220 210
037300 RAJKOWSKI HANSMEIER L TD Verizon $23.00 101 41610 304
037300 RAJKOWSKI HANSMEIER L TD 2003 Ford $41.50 101 42120 304
037300 RAJKOWSKI HANSMEIER L TD Criminal matters $2,099.00 101 42120 304
037300 RAJKOWSKI HANSMEIER L TD Annexation issues $337.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TD Land Sales $414.00 101 41610 304
037300 RAJKOWSKI HANSMEIER L TD 2006 Street $732.00 428 43120 530
037300 RAJKOWSKI HANSMEIER L TD Heimenz Property $23.00 101 41610 304
City of St. Joseph
Bills Payable
May 15, 2006
Check
Search Name Comments Amount FUND DEPART OBJ
Nbr
037300 RAJKOWSKI HANS MEIER L TO Northland/Litagatio $162.50 101 41.610 304
037300 RAJKOWSKI HANSMEIER L TD Signature Hills $37.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TO Meadowvale $37.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TD Sherer Trucking $299.00 101 41610 304
037300 RAJKOWSKI HANSMEIER L TO Morningside/Maint $221.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TD meetings $337.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TO Clinton Village $60.00 101 41610 304
037300 RAJKOWSKI HANSMEIER L TO ordinances $578.00 101 41130 304
037300 RAJKOWSKI HANSMEIER L TO Transportation $151.50 101 41610 304
037300 RAJKOWSKI HANSMEIER L TO Police matters $222.00 101 42120 304
037301 ROO EQUIPMENT CO. Towmaster Trailer $3,568.88 437 45202 580
037301 RDO EQUIPMENT CO. Towmaster Trailer $3,568.88 437 43120 580
037302 RED'S AUTO ELECTRIC starter repair $61.36 601 49440 210
037303 RIDGEWATER COLLEGE 6-FFI certification $450.00 105 42240 433
037304 RISK'S SAFETY CONSULTING CO. Public CPR $1,505.00 105 42280 300
037305 RUDOLPH'S INC pulley for 4200 $34.04 101 45202 210
037306 SEH Intro of chlorine to $2,882.87 601 49410 303
037306 SEH Water Treatment $28,701.41 434 49440 530
037306 SEH Misc GIS services $285.50 101 43131 303
037307 SPEEDY PRINT envelopes & $376.64 105 42210 200
037308 ST. CLOUD HOSPITAL B Loso-Hep B $81.00 105 42210 305
037309 ST. CLOUD TIMES 2006 Trunk Wa $246.40 434 49440 530
037310 STEARNS COUNTY RECORDER Dev $46.00 101 41910 431
037311 TOS METROCOM telephone $191.93 101 45201 321
037311 TDS METROCOM telephone $58.71 601 49440 321
037311 TOS METROCOM telephone $54.64 101 41941 321
037311 TOS METROCOM telephone $226.45 101 41430 321
037311. TDS METROCOM telephone $270.19 101 42151 321
037311 TOS METROCOM telephone $101.64 105 42250 321
037311 TOS METROCOM telephone $54.64 602 49471 321
037311 TDS METROCOM telephone $90.02 602 49490 321
037311 TDS METROCOM telephone $56.64 602 49473 321
037311 TDS METROCOM telephone $56.64 602 49472 321
037311 TOS METROCOM telephone $42.63 150 46500 321
037311 TOS METROCOM telephone $56.97 101 41946 321
037311 TOS METROCOM telephone $101.56 602 49470 321
037312 TIREMAXX SERVICE CENTERS mount 4 tires & $61.00 101 42152 220
037312 TIREMAXX SERVICE CENTERS mount 4 tires & $61.00 101 42152 220
037312 TIREMAXX SERVICE CENTERS tire repair-#4783 $14.96 101 42152 220
037313 TRAUT WELLS Water $60.00 601 49420 312
037313 TRAUT WELLS sprinkler systems $274.00 101 45202 300
037313 TRAUT WELLS Rehab Well #4 $3,652.00 601 49410 530
037314 US BANK 2003 GO Bonds $13,948.75 328 47100 611
037314 US BANK 1998 GO $8,097.50 319 47100 611
037314 US BANK 2004 GO $7,567.50 323 47100 611
037314 US BA.NK 2003 GO Fire Hall $13,017.50 317 47100 611
037314 US BANK 2002 GO Water $11,981.25 601 47100 611
037314 US BANK 2002 GO $64,106.25 325 47100 611
037314 US BANK 2002 GO Cert of $1,365.00 327 47100 611
037314 US BANK 2001 GO $3,176.25 324 47100 611
037314 US BANK 2001 GO Sewer $12,868.75 602 47100 611
037314 US BANK 1999 Improvement $22,672.51 321 47100 611
037314 US BANK 2003 EDA Public $13,160.00 329 47100 611
037314 US BANK 2000 EDA Public $22,975.00 322 47100 611
037314 US BANK 2003 GO $6,546.25 332 47100 611
037315 US CABLE internet $39.95 105 42250 321
037316 VERIZON WIRELESS cell phone-may $7.66 101 43120 321
037316 VERIZON WIRELESS cell phone-may $44.66 101 41430 321
037316 VERIZON WIRELESS cell phone-may $7.66 101 45202 321
037316 VERIZON WIRELESS cell phone-May $45.66 105 42250 321
037316 VERIZON WIRELESS cell phone-may $151.04 101 42151 321
037316 VERIZON WIRELESS cell phone-may $15.32 601 49440 321
City of St. Joseph
Bills Payable
May 15, 2006
Check
Search Name Comments Amount FUND DEPART OBJ
Nbr
037316 VERIZON WIRELESS cell phone-may $15.32 602 49490 321
037317 VIKING SIGNS window $290.00 603 43230 200
037318 WERNER ELECTRIC SUPPLY lightbulbs $5.75 101 45202 210
037318 WERNER ELECTRIC SUPPLY Iightbulbs $5.75 602 49490 210
037318 WERNER ELECTRIC SUPPLY Iighbulbs $5.76 601 49440 210
037318 WERNER ELECTRIC SUPPLY lightbulbs $5.75 101 45201 210
037318 WERNER ELECTRIC SUPPLY backlight for $91.86 601 49440 210
037319 XCEL ENERGY April usage $20.55 101 43120 381
037319 XCEL ENERGY April usage $30.67 101 45201 381
037319 XCEL ENERGY April usage $46.02 101 43120 381
037319 XCEL ENERGY April usage $150.46 101 45201 383
037319 XCEL ENERGY April usage $264.52 101 41942 383
037319 XCEL ENERGY April usage $17.43 101 45201 381
037319 XCEL ENERGY April usage $9.98 101 45201 381
037319 XCEL ENERGY April usage $14.97 101 43120 381
037319 XCEL ENERGY April usage $51.26 601 49410 383
037319 XCEL ENERGY April usage $117.76 101 43120 383
037319 XCEL ENERGY April usage $407.42 101 41941 383
037319 XCEL ENERGY April usage $173.71 601 49435 381
037319 XCEL ENERGY April usage $504.16 601 49410 381
037319 XCEL ENERGY April usage $118.81 601 49410 381
037319 XCEL ENERGY April usage $17.53 601 49410 381
037319 XCEL ENERGY April usage $7.87 101 42500 326
037319 XCEL ENERGY April usage $562.46 101 41942 381
037319 XCEL ENERGY April usage $78.50 101 45201 383
037319 XCEL ENERGY April usage $894.93 101 41941 381
037319 XCEL ENERGY April usage $17.52 601 49410 381
037319 XCEL ENERGY April usage $23.16 101 45123 383
037319 XCEL ENERGY April usage $21.30 602 49471 383
037319 XCEL ENERGY April usage $9.83 101 45123 381
037319 XCEL ENERGY April usage $120.23 602 49480 383
037319 XCEL ENERGY April usage $401.74 602 49480 381
037319 XCEL ENERGY April usage $58.38 101 45201 381
037319 XCEL ENERGY . April usage $2,084.79 101 43160 386
037319 XCEL ENERGY April usage $24.13 101 42610 386
037319 XCEL ENERGY April usage $89.44 602 49470 381
$772,043.36
I Attachment: ~ or No
REQUEST FOR COUNCIL ACTI9N
DATE: May 18,2006
Administration
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Approval of renewal of annual liquor licenses to include: On-Sale Intoxicating, Off-Sale
Intoxicating, Wine and Club licenses.
PREVIOUS ACTION
RECOMMENDED BOARD ACTION
Recommend approval of licenses as attached.
FISCAL IMP ACT
COMMENTS/RECOMMENDA TIONS
2006-2007 LIQUOR LICENSE APPLICATIONS
INTOXICATING LICENSES
EFFECTIVE 07-01-06 to 06-30-07
College of St. Benedict X X X
Haehn Campus Center
37 Colleae Ave S
Stonehouse Tavern & Eatery LLC
Stonehouse Tavern & Eatery X X
2010 CSAH 75 E
Loso's Inc.
Loso's Main Street Pub X X X
21 Minnesota St W
PO Box 596
Ace's Place, Inc.
La Playette X X X
16 College Ave N .
PO Box 472
EI Paso Club & Lanes, Inc.
EI Paso Club & Lanes X X X
200 - 2nd Ave NW
PO Box 58
BIP, Inc.
Sal's Bar & Grill X X X
109 Minnesota St W
31164 - 115th Ave
St. Joe Amoco Liquor, Inc.
St. Joe Amoco Liquor X
21 Birch St W
PO Box 634
Hollander's of St. Joseph, Inc.
St. Joseph Liquor Shoppe X
225 Cedar St E
PO Box 637
American Legion Post 328
John Kuebelbeck Post 328 X X
101 Minnesota St W
PO Box 381
Trobec's Enterprises, Inc.
Trobec's Event Center X X
213 - 20th Ave SE
Bo Diddley's, Inc.
Bo Diddley's X
19 College Ave N
3021 - 29th St S, SC 56301 .
NAME
OFF-
SALE
ON-
SALE SUNDAY WINE CLUB
I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Consent
2007 - 2008 Assessor Services
DATE: May 18,2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Assessor Agreement - Requested Action: Authorize the Mayor and Administrator to execute an
agreement for Assessor Services between the City of St. Joseph and Steams County.
PREVIOUS. ACTION
Previously the City Assessor Ollie Lesnick has previously stated that he would be retiring. The County
has asked Ollie to remain for one additional year so they could adequately plan to take over Assessor
Services for the City of St. Joseph. The tax assessment for 2007 is now complete and this would be the
time when Assessing services would change.
RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the agreement for Assessor Services between the City
of St. Joseph and Steams County.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
AGREEMENT FOR PROPERTY ASSESSMENT SERVICES BETWEEN THE
COUNTY OF STEARNS AND CITY OF ST. JOSEPH
THIS AGREEMENT, made and entered into by and between the County of Stearns, a
political subdivision ofthe State of Minnesota, hereinafter referred to as the "County" and the
City of S1. Joseph, a political subdivision of the State of Minnesota, hereinafter referred to as
"City of S1. Joseph";
WHEREAS, said City lies either wholly or partially within the County and constitutes a
separate assessment district; and
WHEREAS, under such circumstances Minnesota Statutes, Sections 273.072 and 471.59
permits the County Assessor to provide for the assessment of property in said assessment district;
and
WHEREAS, said City ofSt. Joseph desires the County to perform property assessments
on behalf of said City of St Joseph; and
WHEREAS, the County is willing to provide said City with the assessment services;
NOW, THEREFORE, in consideration ofthe mutual covenants contained herein it is
agreed as follows:
1. The County shall perform the 2007 and 2008, property assessments for the City of S1.
Joseph in accordance with the property assessment procedures and practices established and
observed by the County, the validity and reasonableness of which are hereby acknowledged and
approved by the City of S1. Joseph. The property assessment by the County shall be composed of
those assessment services which are set forth in Exhibit "A", attached hereto and made a part
hereof by reference.
2. All information, records, data, reports, and the like that are necessary to allow the
County to carry out its responsibilities under this Agreement shall be furnished to the County
without charge by the City of S1. Joseph and the City of St, Joseph agrees to cooperate in good
.. .
faith with the County in carrying out the work under this Agreement.
3. The City of St. Joseph agrees to furnish, without charge, work space, if needed, for an
appraiser to perform such tasks as document review, with such tasks to be performed during
normal business hours for the City.
party, its officers, employees or agents.
b. Liability ofthe County or other Minnesota political subdivisions shall be governed
by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other
applicable laws.
5. This Agreement shall commence on July 1, 2006 and shall terminate on May 31,2008;
unless terminated earlier by either party in accordance with this Agreement. Either party may
terminate this Agreement by providing written notice to the other party at least 120 days prior to
the date of termination. The City of St. Joseph shall be responsible for the costs due to the
County up to the date of termination. Either party may initiate an extension of this Agreement
for a term of 2 years by giving the other party written notice of its intent to so extend no less than
120 days prior to the termination of this Agreement. If the party who receives said notice of
intent to extend gives written notice to the other party of its desire not to extend the Agreement at
least 60 days prior to the termination ofthis Agreement, this Agreement shall terminate on May
31,2008.
7. Any notice which may be given or made by a party hereto under the terms of this
Agreement shall be in writing and shall be sent by United States Mail or personally delivered to
the other party addressed as follows:
To City ofSt. Joseph:
Judy Weyrens
P.O. Box 668
St. Joseph, Minnesota 56374
To County: Gary R Grossinger, Steams County Assessor
Administration Center, Room 37
705 Courthouse Sq.
St Cloud, Minnesota 56303
authorized representatives ofthe parties hereto.
8. The Agreement may be amended or modified only by written agreement signed by
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its
duly authorized officers and deliveries on its behalf, this _ day of
City of St. Joseph
Date:
Date:
COUNTY OF STEARNS
Date:
Date:
,2006
By:
By:
By:
Mark Sakry
Chair
Steams County Board of Commissioners
By:
Randy R. Schreifels
Steams County Auditor-Treasurer
Clerk
Steams County Board of Commissioners
EXHIBIT A
During the term of this Agreement, the County shall:
1. Physically inspect and revalue real property, as required by law.
2. Physically inspect and value all new construction, additions and renovations
3. Conduct valuation reviews prior to Board of Appeal and Equalization.
4. Attend Board of Appeal. Per Board request, make all necessary review appraisals.
5. Keep updated field card files - current values, homestead and classification data.
6. Print, mail and post valuation notices.
7. Respond to taxpayers regarding assessment or appraisal problems or inquiries
periodically.
8. Make divisions and combinations periodically.
9. Administer the abatement process pursuant to Minn. Stat. S 375.192.
10. Make appraisals for and testify ornegotiate all District Court or Tax Court filings.
11. Post values from appraisal cards to assessment rolls.
12. Adjust estimated market values on those properties not physically inspected as needed
and per sales analysis.
13. Provide an Annual Assessment Report to the City Council prior to the Board of Appeal
which will contain data relevant to City's valuations.
14. The City will be allowed at no additional cost remote access to the County's data base to
be used exclusively for City business. It will not be made accessible to the general
public.
15. Offer an open book/informational meeting for taxpayers prior to the Local Board of
Appeal and Equalization meeting at the St. Joseph City Hall to address questions and
concerns regarding the current year's notice of valuation and classification.
COUNTY
OF
STEARNS
Assessor's Office
Administration Center RM 37 . 705 Courthouse Square . St. Cloud, MN 56303
320-656-3680 . FAX 320-656-3977
May 8, 2006
Judy Weyrens
Administrator, City of St. Joseph
P.O. Box 668
St. Joseph, Minnesota 56374
Dear Judy;
Enclosed you will find an agreement to provide assessment services between the City of St. Joseph and Steams
County. The agreement is for a two year period from July 1, 2006 through May 31, 2008. The bid amount is for
$10.00 per parcel.
The services that Steams County will provide are listed in Exhibit A of the agreement. If additional information or
services are required, we are open to discussion.
If there are any questions or problems concerning this matter, you may direct them to me at this office.
RECEn"",.m, ,',v
~ 1,'<.cC" .;,--,.' ,"
MAY () 9 2006
CITY OF ST. JOSEPH
#875-8898
"Affirmative Action / Equal Opportunity Employer"
I Attachment: Yes orN 0
REQUEST FOR COUNCIL ACTION
Consent
St. Wendel Fire Contract
DATE: May 18,2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
St. Wendel Fire Contract - Authorize the Mayor and Administrator to execute the Agreement between the
City of St. Joseph and St. Wendel Township for fire protection.
PREVIOUS ACTION
The City has been providing fire service to St. Wendel for many years. The agreement is memorialized
through a contract which typically runs 10 years. The contract expired December 31, 2005. St. Joseph
Township has made some clarification changes which have been approved by the fire board. The
agreement is ready for execution.
RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the Agreement between the City of St. Joseph
Township and St. Wendel Township.
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
FIRE CONTRACT
CITY OF ST. JOSEPH/TOWN OF ST. JOSEPH
AND
THE TOWN OF ST. WENDEL
THIS AGREEMENT, made and entered into this _ day of , by and
between the City ofSt. Joseph, a municipal corporation of the State of Minnesota,
hereinafter referred to as "St. Joseph", as party of the first part and the Town ofSt.
Wendel, a political subdivision of the County of Stearns, State of Minnesota, hereinafter
referred to as "St. Wendel", as part of the second part. It is agreed by and between the
parties hereto that this agreement shall be entered into pursuant to Minnesota Statutes,
Section 471.59, known as the "Joint Powers Act".
WHEREAS, the City of St. Joseph and the Township of St. Joseph presently own
emergency equipment and a fire hall which has been operated by the City and its
advisory board with an efficient staff of firefighters including a fire chief, an assistant
chief, and volunteer firefighters who have served on a voluritary basis for many years,
WHEREAS, St. Wendel wishes to contract with St. Joseph for emergency
services for those sections of St. Wendel Township southerly of County Road #4 and
Quail Road with the exception of all driveways off these roads including all of Section 16
as these areas will be serviced by another fire department, and
WHEREAS, the parties to this agreement wish to provide for the joint funding of
the emergency service.
THE PARTIES TO THE CONTRACT AGREE AS FOLLOWS:
ARTICLE 1
AUTHORITY
This agreement has been authorized by the City Council ofthe City of St. Joseph,
and consented to by the Town Board for St. Joseph Township, and authorized and agreed
to by the Town Board of the Township ofSt. Wendel pursuant to authority of its electors.
ARTICLE II
FIRE PROTECTION & RESCUE SERVICE
St. Joseph agrees to provide fire protection and rescue service to those sections of
St. Wendel Township lying to the South of County Road #4 and Quail Road, except for
buildings or residences with driveway access off either of the aforementioned roadways,
and except for Section 16. Emergency services will be provided in accordance with the
terms of this agreement. .
ARTICLE III
PROPERTY INTEREST
St. Wendel shall acquire no proprietary interest in any property or equipment
purchased. All equipment shall remain the property of the City of St. Joseph and the
Township ofSt. Joseph.
ARTICLE IV
RESERVE FUND CONTRIBUTION
As further consideration for this agreement, St. Wendel agrees to pay an annual
contribution to a special fund, to be known as the "Equipment Reserve Fund" which is
included in the annual budget. St. Wendel's annual contribution shall be based upon their
proportionate share of the amount annually allocated to the Reserve Fund. The
proportionate share shall be determined by the comparative net tax capacity of all areas
served by the St. Joseph Community Fire Department. The Equipment Reserve Fund is
to be used only for equipment purchased by the St. Joseph Community Fire Department.
It is not a maintenance fund. St. Wendel shall not acquire any proprietary interest in any
property purchased with money from this fund. All payments to this fund shall be made
to the City Treasurer of the City of St. Joseph.
ARTICLE V
MAINTENANCE AND CONTROL
@ Apparatus. Equipment shall be stored and maintained at the location of the .
City and the Township ofSt. Joseph owned Fire Hall in the City ofSt. Joseph. The
control and ownership of the purchased equipment shall be retained by the City of St.
Joseph and the Township ofSt. Joseph. The cost of maintenance and insurance shall be
paid from an operating fund to be maintained as a separate fund hereinafter referred to as
the "Joint Operating Fire Fund".
.an Fire Hall. The Fire Hall shall be heated, maintained, insured and controlled by
the City subject to recommendation made by the Advisory Fire Board. The cost of such
heating, utilities, maintenance, including debt retirement and insurance shall be paid from
the "Joint Operating Fire Fund". The cost ofthe heat, maintenance, utilities and insurance
for the entire building shall be pro-rated on the basis ofthe usage ofthe area occupied by
the emergency equipment in the complex, as compared to other non-related uses. Debt
retirement shall be included annually in the Joint Operating Fire Fund Budget in an
amount to fully provide for the annual debt requirements. St. Wendel shall not acquire
any proprietary interest in the Fire Hall.
ARTICLE VI
JOING OPERATING FIRE FUND CONTRIBUTION
Prior to the commencement of each calendar year of this contract, St. Joseph shall
approve a budget of operating expenses for the ensuing calendar year as may be
recommended by the Advisory Fire Board. St. Joseph and St. Wendel shall deposit in
advance, quarterly contributions with the St. Joseph City Treasurer, who shall maintain a
special fund to be known as the "Joint Operating Fire Fund". As an example, for the year
2006 St. Wendel shall contribute 22.21 per cent of the estimated quarterly cost. After the
year 2006, quarterly contributions to the Joint Operating Fire fund shall be proportionate
. to the net tax capacity percentage of the prior calendar year, as such figures become
available from the County Assessor's Office and shall be applied to the annual budget to
be paid quarterly. For purposes ofthis contract, the net tax capacity shall be determined
by adding City and Township ofSt. Wendel owned property but other tax-exempt
property shall be excluded.
Funds shall be disbursed by the St. Joseph City Clerk/Administrator/Treasurer
only for the purposes defined in Article V. The Advisory Fire Board shall request a
quarterly accounting of this fund from the City Clerk/Administrator's office and such
accounting in report form shall show a record of receipts and disbursements.
ARTICLE VII
USE OF EQUIPMENT
The equipment jointly purchased shall be used within the designated area of St.
Joseph City and St. Joseph Township, and St. Wendel Township and not elsewhere
except as follows:
a. In adjacent areas where a fire or emergency may spread to any city or town.
b. To assist neighboring fire departments as maybe mutually agreed under a
reciprocal agreement with such fire department.
c. Any area adjacent to the city and township of St. Joseph with which a contract
for protection exists at the time this agreement is executed.
It shall be the duty of the City Council ofthe City ofSt. Joseph to provide
volunteers in sufficient numbers to maintain a staff of firefighters to answer emergency
calls and to operate all available equipment in such a manner so as not to fall below the
minimum standards set forth in the National Fire Protection Association (NFP A)
Standards.
The St. Joseph City Council may appoint or approve persons residing in the St.
Wendel for membership in the volunteer fire department. The dispatching and operation
of the emergency equipment shall be in charge ofthe Chief of the Fire Department, or in
his/her absence shall be in the hands of the assistant chief. Ifneither is available, the
person previously appointed for this purpose shall be in charge. The volunteers shall
answer emergency calls in the order of their priority without regard to the authority of the
person giving the alarm.
ARTICLE VIII
FIREFIGHTERS' RELIEF FUND
All funds received by either St. Joseph or St. Wendel for the Firefighters Relief
Fund shall be set aside for that purpose only and shall not be used as a part of the Joint
Operating Fund.
ARTICLE IX
LIABILITY - GOVERNMENTAL FUNCTIONS - PROTECTIVE CLAUSES
In all of the joint agreements defined in this contract, the parties to the agreement
shall be deemed to be exercising their governmental functions so that each shall not be
liable to the other for any negligence of its officers, employees, firefighters or agents.
Specifically, without limiting the effect of the foregoing language in the preceding
paragraph, the City and Town ofSt. Joseph, and its officers, employees and firefighters
shall not be liable for any ofthe following acts or omissions: Failure to answer an
emergency call or failure to answer an emergency call promptly; for any trespass or
damage to persons or property whether necessary or unnecessary in connection with
going to, returning from any fire or rescue call, or in serving at any fire or rescue
pursuant to a call.
The volunteers under the direction of the Fire Chief or his assistant, shall always
leave part ofthe equipment and sufficient firefighters to operate such equipment available
for fighting fires in the community which is not being served by an emergency or
emergency call. As an illustration, in the event of an emergency occurring in St. Wendel,
sufficient equipment and firefighters shall be left in the St. Joseph City limits for the
purpose of fighting any fire that may arise within the City or St. Joseph Township limits
during the time the emergency in St. Wendel is being managed. The Fire Chief, or his
assistant, shall also have full and complete authority to withdraw any emergency
equipment from an emergency in progress in the event that a more serious emergency
shall occur in an area served by the fire department during the progress of the emergency.
ARTICLE X
DEFAULTS
The St. Wendel Town Board shall annually recommend a levy to the voters of the
Town at its annual meeting to raise by tax levy or otherwise sufficient funds to pay all of
its obligations under this contract. In case ofdefaults of over sixty (60) days in the
making of any payments due for the Joint Operating Fire Fund, it is agreed that a penalty
of an additional one and one half (1 ~%) percent per month shall be added to each
payment which is more than sixty (60) days in default. It is hereby agreed that emergency
service to the defaulting governmental unit may be discontinued at the request of the
Advisory Fire Board until the default is removed.
ARTICLE XI
ADVISORY FIRE BOARD
An Advisory Fire Board has previously been established by St. Joseph. This
Board will facilitate the performance ofthis contr.act through its life. Said Board shall
have no less than four (4) regular meetings each year. The first quarterly meeting shall be
held on the first Wednesday in February of each year at 8:00 p.m. The remaining
quarterly meetings shall be held on the first Wednesday of May, August, and November
of each year, at 8:00 p.m.. Unless such board fixes a different meeting place and date, the
meeting shall be held at the City Hall in the City of St. Joseph on said dates. Each
jurisdiction and the Fire Chief shall have one vote on the Fire Advisory Board.
ARTICLE XII
TERM OF THIS CONTRACT
This contract shall expire July 1, 2016 or at an earlier date if either St. Joseph or
St. Wendel shall notify the other party in writing at least one year in advance of its
intended cancellation ofthis agreement. This contract may be renewed for an equal
period oftime at the option of the parties to the agreement.
On any termination of the contract, all of the property acquired during the life of
the agreement shall belong to the City and the Township ofSt. Joseph in accordance with
the ownership percentages set forth in separate agreements between the City and the
Township of St. Joseph.
If St. Wendel cancels the agreement, or ifthe agreement is not renewed by either
party, or if anyone party refuses to renew the contract, then and in those events, St.
Wendel shall not be reimbursed for any contributions made to the fire department for
purchases, maintenance or otherwise.
ARTICLE XIII
EXISTING AGREEMENTS
St. Wendel acknowledges the existing agreement between the City ofSt. Joseph
and the Town ofSt. Joseph, a copy of which is attached hereto for reference. It is agreed
that this agreement is subject to the attached agreement and any extensions thereof.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals
this day of , 200
CITY OF ST. JOSEPH
By
Mayor
By
Clerk! Administrator
TOWN OF ST. WENDEL
By
Chair of Town Board
By
Town Clerk
TOWN OF ST. JOSEPH
By
Chair of Town Board
By
Town Clerk
I Attachment: Yes @I
REQUEST FOR COUNCIL ACTION
DA TE:
05/15/06
Police
ORIGINATING DEPARTMENT
AGENDA ITEM: Addition of 5 new reserve officers
PREVIOUS ACTION: None
RECOMMENDED COUNCIL ACTION: I would request that we add the five new members.
FISCAL IMP ACT: Currently we have some of the equipment needed. Worse case would be that
estimated cost for all 5 new officers would be $2500.00.
COMMENTS/RECOMMENDATIONS: The reserve program is a very important part of the police
department. In most cases, these folk donate their time and skills and put in a lot of time assisting the full
time officers. We use them a lot through out the year at such things as the 4th of July, during the school
year on busy weekends and senior farewell. The reserves also help with special events. The reserve
program has been part of the city for over 45 years. We usually have six reserve officers; I would like to
add two additional persons. This would help while working large events such as the 4th of July. We
could split the group and they would not have to work all day.
If you have any questions please give me a call or stop in.
I AttaChmenSt No
REQUEST FOR COUNCIL ACTION
DATE:
5/15/06
Police
ORIGINATING DEPARTMENT
AGENDA ITEM: Request to participate in the Safe and Sober program for year 2006-2007
PREVIOUS ACTION: None
RECOMMENDED COUNCIL ACTION: Pass as the Department of Public Safety, Office of Traffic
Safety, funds this program.
FISCAL IMP ACT: All overtime is covered by the grant.
COMMENTS/RECOMMENDATIONS: We have been part of the Safe and Sober program for a number
of years. This year we are not included, as you must sit out one year out of four. We have been included
in a mini wave coming up this month and were given $1500.00 for enforcement of seat belts. I would
highly recommend this program as it is a proven program and does work.
RESOLUTION 2006-
Authorizing Execution of Participation in Project Safe & Sober
BE IT RESOLVED that the City ofSt. Joseph enter into an agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
SAFE & SOBER COMMUNITIES during the period of October 1, 2006 through
September 30, 2007.
The Mayor and Administrator are hereby authorized to execute such agreements and
amendments as are necessary to implement the project on behalf of the City of St. Joseph.
BE IT FURTHER RESOLVED that the Steams County Sheriffs Office is hereby
authorized to be the fiscal agent and administer this grant on behalf of the City of St.
Joseph.
Adopted this _ day of
, 2006.
Richard Carlbom, Mayor
ATTEST
Judy Weyrens, Administrator
I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Consent
Drug/Gang Task Force Agreement
DATE: May 18, 2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Agency Agreement - Authorize execution of the Drug and Gang Task Force Inter-Agency Agreement
between participating entities and the Central MN Major Crime Investigation Unit.
PREVIOUS ACTION
The four area Cities have agreed to participate in the Drug and Gang Task Force. Since the funding for
the Officer was awarded to the MCIU, the area Cities must belong to the Organization as well.
RECOMMENDED COUNCIL ACTION
Authorize execution of the Drug and Gang Task Force Inter Agency Agreement as presented.
FISCAL IMP ACT
COMMENTSIRECOMMENDATIONS
Rev. 4/06
CENTRAL MINNESOTA
MAJOR CRIME INVESTIGATION UNIT
Drug and Gang Task Force
I nter-Agency Agreement
Section I. Participating Agencies:
Morrison County Sheriff's Office
Morrison County Attorney's Office
Benton County Sheriff's Office
Benton County Attorney's Office
Todd County Sheriff's Office
Todd County Attorney's Office
Stearns County Sheriff's Office
Stearns County Attorney's Office
S1. Cloud Police Department
S1. Cloud City Attorney's Office
Sartell Police Department
Sauk Rapids Police Department
S1. Joseph Police Department
Waite Park Police Department
THIS AGREEMENT between the participating agencies shall relate solely to the
activities of the Drug and Gang Task Force within the Central Minnesota Major Crime
Investigation Unit (MClU) and shall be effective when signed by the department head of
the participating agencies.
Section II. Purpose:
The MClU Drug and Gang Task Force was formed to investigate, identify and
disrupt illegal drug and gang activity within the cities of 51. Cloud, Sartell, Sauk Rapids,
Waite Park and S1. Joseph and counties of Benton, Todd, Stearns and M,orrison. The
participating agencies promote cooperative law enforcement through multi-jurisdictional
investigations in Central Minnesota. The MClU Drug and Gang Task Force has made
,numerous arrests with successful prosecutions for controlled substance and gang-related
criminal offenses.
The MCIU Drug and Gang Task Force is governed by the MCIU Board of Directors
(Board). The Board is a joint powers board established under Minn. Stat. ~471.59. The
Board meets monthly and reviews the activities of the MCIU Drug and Gang Task Force.
The MCIU By-Laws and MCIU Drug and Gang Task Force Policies and Guidelines address
'staffing, supervision, equipment, accounting, management of confidential funds and daily
operations in a manner consistent with federal and state regulations for grant program
funds. All MCIU and Drug and Gang Task Force accounts are regularly audited by an
independent auditor.
Section III. Advisory Board.
For the purposes of this agreement, the MClU Board is the advisory board for the
MClU Drug and Gang Task Force. All actions of the advisory board shall be consistent
with the provisions of the MClU Joint Powers Agreement, By-Laws, and Drug and Gang
Task Force Policies and Guidelines.
Section IV. Contributions:
Each participating agency agrees to provide all resources as agreed in the annual
grant application proposal. These resources include funding, personnel and/or equipment
as necessary to meet the annual grant proposal requirements.
Section V. Coordinating Agencv:
For the purposes of this agreement( the coordinating agency is the Stearns County
Sheriff's Department. The coordinating agency, subject to the approval of the advisory
board, shall designate a team supervisor who will be responsible for supervising the day-to-
day operations of the MCIU Drug and Gang Task Force, including supervision of staff,
intelligence sharing, management of confidential funds and coordination with other
agencies. The coordinating agency shall be responsible for development of any
recommended changes to the MCIU Drug and Gang Task Force Policies and Guidelines
and shall ensure Drug and Gang Task Force compliance with all current policies and
guidelines.
Section VI. Fiscal Agency:
The fiscal agency shall be the participating agency department head elected to serve
as treasurer of the Board. The fiscal agency shall be responsible for proper fiscal
management of the MClU Drug and Gang Task Force grants and all other resources. The
fiscal agency shall ensure compliance with all state and federal accounting and auditing
requirements, including oversight of confidential funds.
Section VII. liability:
Liability for all MCIU Drug and Gang Task Force staff, operations and the Board for
the purposes of insurance, worker's compensation and all other liabilities shall remain as
established by the MCIU Joint Powers Agreement.
Section VIII. Forfeitures:
All assets and proceeds received through seizure/forfeiture, restitution, or other
income sources derived from the operation of the MClU Drug and Gang Task Force shall
belong to the MCIU Drug and Gang Task Force in a<;cordance with the terms and
conditions of the MCI U Joint Powers Agreement and By-Laws. All proceeds from the Task
Force case forfeitures shall be used exclusively to support the operations of the Task Force
and will be in compliance with grant contract provisions and federal regulations.
Distribution of said forfeiture/seizure assets and proceeds to assisting agencies shall be
made in the manner provided by the MCIU By-Laws.
Section IX. Termination:
Participating agency membership in the MClU Drug and Gang Task Force is
voluntary. This agreement shall remain in full force and effect until terminated or modified
by the participating agencies. The terms of this agreement shall be binding upon the
participating agencies and their successors. In the event a participating agency wishes to
withdraw from the MCIU Drug and Gang Task Force, written notice shall be given to the
department head of each participating agency at least sixty (60) days prior to the effective
date of the withdrawal. In the event of the withdrawal of any participating agency or the
dissolution of the MCIU, the MClU Joint Powers Agreement shall control disposition of all
remaining assets and liabilities.
Section X. Conflict Resolution:
To the extent any of the provisions of this agreement conflict with the provisions of
the MClU Joint Powers Agreement, MCIU By-Laws or the MClU Drug and Gang Task
Force Policies and Guidelines, the terms of the MCIU Joint Powers Agreement MCIU By-
Laws and MCIU Drug and Gang Task Force Policies and Guidelines shall control.
THIS AGREEMENT is hereby approved by the department head of the participating
agency as indicted below:
Dated:
James J. McMahon, Sr.
Benton County Sheriff
Dated:
Robert j. Raupp
Benton County Attorney
Dated:
David Kircher
Todd County Sheriff
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Gaylord Saetre
Todd County Attorney
John Sanner
Stearns'County Sheriff
Janelle P. Kendall
Stearns County Attorney
Dennis Ballantine
St. Cloud Pol ice Ch ief
Jan Petersen
St. Cloud City Attorney
Michel Wetzel
Morrison County Sheriff
Conrad Freeberg
Morrison County Attorney
Jim Hughes
Sartell Chief of Police
Pete Jansky
St. Joseph Police Department
(Acting) Waite Park Chief of Police
Dated:
Curt Gullickson
Sauk Rapids Chief of Police
C:\Forms\MCI U I nteragen cy Agreement
Rev. 5/06
JOINT POWERS AGREEMENT
TO FORM THE
CENTRAL MINNESOTA MAJOR CRIME INVESTIGATION UNIT
WHEREAS, Minn. Stat. 9387.03 requires that the sheriff of each county shall keep
and preserve the peace of the county and pursue and apprehend all felons; and,
WHEREAS, Minn. Stat. 9412.221, Subd. 32, empowers the city to prevent crime and
to provide for the protection of property and the promotion of health, safety, order and
convenience; and,
WHEREAS, Minn. Stat. ~436.05 provides that the city can contract with the county
for the performance of police servicewithin the city by the sheriff; and,
WHEREAS, Minn. Stat. 9471.59 provides that cities and counties may jointly
exercise any power common to each or any similar powers,
NOW, THEREFORE, BE IT RESOLVED by the county boards of Benton, Morrison,
Todd and Stearns Counties, and the city council of the city of St. Cloud, hereinafter called
the parties or member parties, as follows:
I. Purpose
The purpose of this Agreement is to organize a group of local law enforcement
officers, which shall be avai lable to assist any of the parties in the investigation and
solution of major crimes within the four-county area.
Further, we recognize that criminal activity in one county has an impact on the
other counties, especially in St. Cloud, which is located in two of the member counties,
and that a joint, cooperative effort by the member law enforcement agencies contributes to
1
more efficient and effective use of resources, including sharing information, intelligence,
data and skilled manpower, and thereby leads to earlier detection and solution of crime.
The ultimate goal of this cooperative, area-wide law enforcement effort is the
prevention of major crimes.
II. Mel U Establ ished
The parties hereby create and establish a special criminal investigation unit to be
called the Central Minnesota Major Crime Investigation Unit (MClU).
III. Definitions
"Sending agency" means the law enforcement agency of a party to this contract
which sends any employee thereof to another law enforcement department of a party to
this contract.
"Receiving agency" means the law enforcement agency of a party to this contract
which receives an employee of another law enforcement agency of a party to this contract.
"Surplus monies" or "surplus cash" means money or cash that is on deposit in a
banking account or is otherwise being held by or on behalf of the MC! U but does not
include what is considered "buy money" or money encumbered by state and/or federal
grant agreements.
IV. MCI U Board
There is hereby created and established a board of directors which shall have
general supervision over the activities of the MCI U.
The members of the board shall be the sheriff and the county attorney of each
2
member county and the police chief and the city attorney of the city of St. Cloud, or their
designees.
The Chiefs of Police of the cities of Sartell, Sauk Rapids, Waite Park and St. Joseph
shall be ex-officio members of the Board. Ex-officio members shall receive notice of all
meetings of the Board and may participate in discussions of the Board, but may not vote or
hold office" on the Board.
The board shall elect a chair, a secretary and a treasurer from among its members.
Said officers shall serve a one-year term of office and may serve more than one term.
The board shall adopt such bylaws and operating rules as it deems necessary.
The board may receive and disburse public funds, private donations and grants to
carry out the purposes ofthis Agreement. The board shall be strictly accountable to the
member parties for all funds and shall report to the parties hereto on all receipts and
disbursements. The reporting period shall be the calendar year. Contacts let and
purchases made by the board shall conform to Minn. Stat. 9471.345 (Uniform Municipal
Contracting Law).
The board shall meet on the call of the chair or on written notice by any three board
members.
The majority of the voting members of the board shall constitute a quorum for a
meeting. A majority vote of the voting members of the full board shall be necessary to
approve a motion. Except as hereinafter provided for the telephone veto or rescission of a
call-out by a majority of the board, a meeting of the board shall be required to transact
"
j
business.
The board shall adopt rules governing the call-out, use and jurisdiction of the
MCIU.
V. NonWaiver oflmmunities
The joining of the parties in this joint powers agreement shall not waive any
immunities that the parties may enjoy under statute or common law, nor shall the joinder
of the parties constitute a "stacking" of any insurance each party carries for their own
benefit and/or that of its agents and employees.
VI. MCI U Officers
The sheriff and police chief of each member party shall apoint at least one licensed
peace officer from their department as a member of the MCIU.
Employees of a sending agency participating in the MClU as authorized under this
Agreement may be considered, during such participation, to be on detail to regular work
assignments of the sending agency.
Employees who are on detail shall be entitled to the same salary and benefits to
which they would otherwise be entitled and shall remain employees of the sending agency
for all other purposes except that the supervision of their duties during the period of detail
may be governed pursuant to this Agreement.
Any employee who participates in the MClU under the terms of this Agreement
who suffers disability or death as a result of personal injury arising out of and in the course
of the performance of duties in connection with this Agreement shall be treated, for the
4
purposes of the sending agency's employee compensation program, as an employee who
has sustained such injury in the performance of such duty, but shall not receive benefits
under the sending agency's compensation program or the insurance for any period for
which that person is entitled to and elects to receive similar benefits under the receiving
agency's employee compensation program or insurance. .
Participation of a sending agency's employee in the MCIU and the availability of
the MpU to the sending agency is deemed to advance the interests of the sending agency.
Therefore, participation of a sending agency's officer in the MClU is deemed to be in the
course of the officer's employment with the sending agency.
VII. lurisdictional Authority of MCIU Officers
The number of MCIU officers shall be established from time to time by the board of
directors in the bylaws of the MCIU. The sheriff of each member county is hereby
authorized to appoint an accepted MCIU officer as special deputy sheriff. The special
deputies shall serve without additional compensation from the receiving agency, but shall
be compensated only by the sending agency. The written appointment and oath of the
officer shall be filed in the office of the county recorder. The special deputies shall serve at
the pleasure of the appointing sheriff.
VIII. MCIU Call-Out
The MClU shall be available and on-call to assist a member party. The sheriff or the
sheriff's designee and/or the county attorney or the county attorney's designee of any
member party (in St. Cloud, the mayor and/or the police chief or the police chief's
5
designee) may call-out the MClU for assistance.
Sending agencies shall make every reasonable effort to respond to a call-out as soon
as possible. Receiving agencies shall make every reasonable effort to keep the call-out
time to a necessary minimum and to avoid, as much as reasonably possible, the resulting
inconvenience to the sending agencies.
IX. MCIU Command
During a call-out, MCIU officers shall be under the command of the sheriff, or the
sheriff's designee, or the police chief or the police chief's designee, of the receiving
agency.
MClU officers shall prepare and submit their investigation reports to the MClU
commander of the receiving agency.
X. Data and Public Information Releases
Data gathered, collected, stored and used by the MCIU shall be subject to the
Minnesota Government Data Practices Act and Rules issued pursuant thereto.
The receiving agency having venue over the offense for prosecution purposes shall
control and be soley responsible for public information releases, including arrest data.
XI. MCIU Officers' Expenses
Each of the sending agencies shall be responsible for the usual and customary
expense of its own MClU officers; for example, gasoline, meals and photographic
expenses. However, the receiving agency shall be responsible for extraordinary expenses;
for example, motels and air travel.
6
XII. MCIU Officers' Liability
Each member party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other member parties, their
officers and employees against any and all liability, loss, costs, damages, expenses, claims
or actions, including attorney's fees which the other member parties, their officers and
employees may hereafter sustain, incur or be required to pay, arising out of or by reason of
any act or omission of the member parties, their agents, servants or employees, in the
execution, performance or failure to adequately perform its obligations pursuant to this
agreement.
XIII. Duration
The duration of this Agreement shall continue until terminated as hereinafter
provided.
XIV. Withdrawal and Termination
Any member party of the MCIU may withdraw from this Agreement upon sixty (60)
days written notice to all other member parties. Upon any individual member's
withdrawal, the balance of this entire Agreement remains in full force and effect.
Alternatively, this entire Agreement may be terminated at any time by the written
agreement of 3/5 or a majority of the Board members.
XV. Distribution of Property on Termination or Withdrawal
A. Termination. Upon complete termination of this Agreement by all parties and
after the purpose of the Agreement has been completed, any property acquired by
the Board as a result of the joint exercise of powers hereunder and any surplus
monies shall be returned to the parties in proportion to contributions of the parties.
7
Liabilities shall be shared equally among the parties.
B. Withdrawal. In the event of withdrawal from this Agreement by one or more
parties, if two or more of the remaining parties continue this Agreement, the
remaining parties may either distribute the MCIU property contributed by the
withdrawing party to the withdrawing party or buyout the withdrawing party's
interest therein by purchasing the withdrawing party's proportionate share of the
actual cash value of the property measured at the time of withdrawal of the party.
Surplus monies or surplus cash shall be retained by the remaining parties to this
Agreement.
THIS AGREEMENT, AS AMENDED, APPROVED AND ADOPTED by the member
parties as follows:
For the County of Stearns this
day of
.2006.
Chair, County Board
A TIEST:
County Auditor
****************************************
For the County of Benton this
day of
,2006.
Chair, County Board
A TIJ:ST:
County Auditor.
8
For the County.of Morrison this
ATTEST:
County Auditor
day of
,2006.
Chair, County Board
******************************************
For the city of S1. Cloud this
ATTEST:
City Clerk
For the County of Todd this
ATTEST:
County Auditor
C:\DAT A \MClU JointPowersAgreement
day of
day of
, 2006.
Mayor of St. Cloud
,2006.
Chair, County Board
9
I Attachment: Yes or No .1
REQUEST FOR COUNCIL ACTION
St. Joseph Church - July 4th Celebration
Consent
DATE: May 18,2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Outdoor Permit - Authorize execution of the required outdoor permits for the music event to be held on
July 3, 2006.
PREVIOUS ACTION
The City Council considered the request of St. Joseph Parish to conduct an outdoor music event until
midnight, July 3. The event will consist of a concert by Bobby Vee which will be held in the parish
parking lot adjacent to College Avenue. College Avenue will be closed starting at 5:00 PM. Alcohol will
be consumed on the street but not purchased. The Cities insurance carrier is requiring a certificate of
insurance naming the City as an insured. We have forwarded the information to the County to see what
they would require as well since it is a County Street. As of the writing of this memo they have not
responded.
Enclosed in your packet is the noise mitigation plan as submitted by the Parish. I have discussed the
event with Pete and the police issues appear to be resolved. Four additional officers will be required to
protect the gates that evening.
RECOMMENDED COUNCIL ACTION
Authorize execution of the resolution approving the Outdoor event.
FISCAL IMP ACT
COMMENTSIRECOMMENDATIONS
RESOLUTION 2006-
Approving the Outdoor Event for the Sf. Joseph Parish
July 3 - 4
WHEREAS, the S1. Joseph Parish has a long tradition of planning and coordinating the
4th of July Celebration bring together the community of the past and present; and
WHEREAS, 4th of July celebration brings the community together to celebrate S1.
Joseph; and
WHEREAS, the S1. Joseph Parish is celebrating their Sesquicentennial in 2006 with
2006 being the one-hundredth year of the 4th of July celebration; and
WHEREAS, the S1. Joseph Parish is inviting all alumni of the S1. Joseph Laboratory
School and former members of the community to come back to S1. Joseph to help
celebrate the 150 year anniversary; and
WHERES, the festival for 2006 has been expanded to include a free concert adjacent to
College Avenue and the concert will feature Bobby Vee who will perform until midnight
on July 3, 2006; and
WHEREAS, the celebration is planned to reunite the members of the Community, the S1.
Joseph Parish is seeking approval to expand the time frame for which outdoor music can
be played for one evening, July 3,2006.
NOW THEREFORE BE IT RESOLVED, that the S1. Joseph City Council understands
the historical relevance of the 4th of July celebration and the uniqueness of the
celebration for 2006. The S1. Joseph City Council hereby approves an outdoor event
permit that will allow music to play outdoors until midnight, July 3, 2006. Approval is
contingent upon the following:
1. As requested by the Insurance carrier for the City of S1. Joseph, a
certificate of insurance will be provided to the City insuring $ 50,000 in
liquor liability and in excess of 1 million for general liability.
2. The Parish will also insure Stearns County as required by their insurance
carrier.
3. The Parish will submit and adhere to a noise mitigation plan to protect the
surrounding neighborhood.
4. The parish will provide four off duty police officers to watch the gates.
Adopted this
day of
,2006
Richard Carlbom, Mayor
Judy Weyrens, Administrator
Church of St. Joseph
12 W. Minnesota 51.
51. Joseph, MN 56374
320/363-7505
Fax: 320/363-0710
April 17, 2006
S. Joseph City Council Members
City of St. Joseph
College Avenue
St. Joseph, MN 56374
Dear City Council Members;
Re: Noise Mitigation Plan for July 3, 2006 concert
As you are all aware, this year is St. Joseph Parish's 150 year
anniversary. As part of the Parish's Sesquicentennial Celebration, it will
sponsor a free outdoor concert the evening of July 3, 2006, for the
community, featuring Bobby Vee. Although all the local residents are
invited to attend the concert, and all the festivities scheduled for July
3rd, we understand that some people may choose to stay at home. We also
know that an outdoor concert will, by it's very nature, create some "noise".
In order to minimize any disruption of local resident's daily routine caused
by the noise generated during the concert, the Parish plans to do two
things: .
1. Position the stage and sound amplification equipment on the east side of
the church's parking lot so the music is directed toward the chur~h and
church grounds.
2. Advise all resident's living adjacent to the church's parking lot of the
concert, it's hours (8:00 p.m. to Midnight), and that alternate lodging
arrangements will be provided them if they choose not to attend the concert.
They will be offered a room at a local motel at the Parish's expense.
It is our hope that this will minimize any concerns local residents may have
regarding music after 9:30 p.m.
On behalf of the Concert Committee, and the entire Parish of St. Joseph, I
thank you for your help and support as we celebrate our 150 years as a
Parish.
Richard Schwegel
Chair - Concert Committee
St. Joseph's Parish
Church of St. Joseph
12 W. Minnesota St.
St. Joseph, MN 56374
320/363-7505
Fax: 320/363-0710
April 17, 2006
S. Joseph City Council Members
City of St. Joseph
College Avenue
St. Joseph, MN 56374
Dear City Council Members;
Re: Insurance Coverage required for July 3, 2006 concert
The insurance provider for the Church of St. Joseph is Catholic Mutual.
They were closed for the Easter holiday from noon on Friday, April 14
through Monday, April 17, 2006. They will be open again on Tuesday,
April 18 at which time they will be able to process our request for the
Certificate of Liability required by the City for the concert on July
3, 2006.
The Certificate of Liability Insurance is not able to be included in
the packets for the City Council Members, however it will be provided
to them by or at the meeting on Thursday, April 20.
Thank you for your consideration.
Peace in Christ,
P~. 4
\., . .' '~\," ..,.~/f,{I.i-' f
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".. (.,/
Sandy Scholz
Business Manager
CITY OF ST. JOSEPH
www.cityofstjoseph.com
OATH OF OFFICER
ST. JOSEPH POLICE OFFICER
I, Dan Magaard, do solemnly swear to support the constitution of the United Stated,
Administrdtor
Judy Weyrens the Constitution of the State of Minnesota, and to discharge faithfully the duties of
MdYor the position of Police Officer of the City ofSt. Joseph, Minnesota to the best of my
Richdrd Carlbom
judgment and ability, so help me God.
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
Daniel Magaard
Date
. Judy Weyrens, Administrator
Date
2.') College Avenue North, PO Box bbs . Sdint. Joseph. Minnesotd ')6)74
Phone ,2..0.,6,.72.01 Fdx ,2.0.,6,.0)42.
May 10, 2006
. Dear Judy,
Please distribute these petitions to the Mayor and members of the Council. And, we
would again like 5-10 minutes on the agenda of the Council meeting scheduled for May
18.
Please confirm and indicate the approximate time that I would be scheduled ort the
meeting agenda.
;:t:;k
Phil Welter
81. Joseph Action Group
St. Joseph Action Group
Preserving Special Places
Date:
May 10, 2006
To:
Richard Carlbom, Mayor
Members of the City Council
City of S1. Joseph
From:
S1. Joseph Action Group - Preserving Special Places
Philip Welter, Chair
The 81. Joseph Action Group has been collecting signatures on several petitions in
opposition to the proposed Field Street Corridor. Having initiated several petition drives
since May of 2005, some of the petitions are complete at this time while others are still in
process. The petitions are:
1. 81. Joseph City and Township residents - May-June 2005 - complete
2. S1. Joseph City and Township residents- September-October 2005 - complete
3. St. Joseph Business owners - in process
4. Members of Saint Benedict's Monastery, College of Saint Benedict faculty, staff
and students - in process
5. St. Joseph City and Township residents - in process
At this time we present Petition NO.2 to the Mayor and Council. It has a total of 156 signatures
of citizens who oppose the Field Street proposal. This petition was developed during September
and October of2005 when Action Group members conducted a leaflet drop to residences
throughout the city. Please accept our apology for the occasional duplication which may have
occurred as we moved from one petition to another over a period of several months.
cc. St. Cloud Area Planning Organization
Steams County Board of Commissioners
St. Joseph Township Board of Directors
81. Joseph Chamber of Commerce
Editor, Newsleader
ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut offthe CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St Joseph Township, residential areas, destroy natural areas (woods
and prairie) in saSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
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ST JOSEPH CITIZEN S' SlliNATU lU.:~
OPPOSING P.ROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amOlmt
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of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in saSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street. Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in S1. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
Printed Name
Signature
Address
St,3oe.
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it haS on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
Printed Name
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in S1. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individua1land
owners, home owners, on environmental concerns and thus on the well being of this community.
Address
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ST JOSEPH CITIZENS' SIGNATURES
OPPOSING PROPOSED FIELD STREET CORRIDOR ROAD
The proposed Field Street Corridor Road Alternate C would result in destruction of a large amount
of the remaining farmland in St. Joseph Township, residential areas, destroy natural areas (woods
and prairie) in SOSB land, and effectively cut off the CSB campus from such areas. We oppose the
Field Street Corridor Road Alternate C, because of the negative impact it has on individual land
owners, home owners, on environmental concerns and thus on the well being of this community.
Printed Name
Address
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ST JOSEPH ACTION GROUP INFORMATION SHEET
Citizens who want to be involved in the St. Joseph Action Group: Preserving Special Places,
and/or interested in getting more information about date and time of meeting, please list below.
Name (print)
E-Mail
Telephone
Inspectron Inc.
Memo
To: Judy Weyrens, City Administrator
From; Ron Wasmund, Building Official
IJfde: 5/16/2006
,ReI Rental Housing
The City of St., Joseph issues 130 rental licenses for 419 dwelling units. In 2005 Inspectron Inc.
performed the inspections of all units in 385.5 houts including reinspections. We exPerienced an 89%
failure rate, meaning that 89% of the units inspected had to be reinspected because of corrections that
were needed for the unit to eom~ into complial'lee With the requirements of Ordinance Chapter 55. It
took almost 100 calendar days to complete all inspections and issue the Certificates of Compliance.
Inspectron had to make several calls and send out reminder letters to owners to get their reinspections
scheduled.
In 2005. lnspectron billed only for the inspection time. We did not bill for administrative time spent
recording data. maKing phone calls for reminders, ~Iking on the phone answering questions and
scheduling inspections. or preparing and mailing requests for reinspections. The total time of
inspection (lnd administrative time in 2005 averaged 1.39 hours per unit. Inspectl'on billed .89 hours
per unit. lnspectron billed at $50.00 per hour.
In 2005 no reinspectlons fees were charged to the property owners.
Fees collected for rental licenses in 2005 totaled approximately $11,870. Inspectron billed
approximately $17,750 for rental inspections. The difference is $5,880.
In 2006 we will have consistency in the in5pedion program because we will be using the same rental
inspector that did the inspections in 2005. The inspections in 2005 were very comprehensive and
covered all the items contained in the inspection checklists that were developed from Ordinance
Chapter 55. I believe that this year the units should be closer to compliance when we perform the 1ilt
inspection provided that the tenants did not, cause damage during the year between inspections. This
year I believe we should be able to average 1 hour per unit induding administrative time.
In 2006 we will also charge a reinspections fee for any unit that requires more than one Inspection. The
renewal letters are expected to be mailed out this week. As we have done in the past a copy of the
inspection checklist will be mailed with the renewal letter. If the owner uses the checklist to perform
their own inspection prior to Inspectron doing an inspection they should be able to p$S9 the first time
through. We will b$ notifying the owners in the renewal letter that reinspections fees will be assessed
for all failed inspections. By assessing reinspections fees per the ordinance the rental inspection
program will be more sustaining.
. Page 1
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55:L8 988(;/91/58
ihe cost of rental inspections should not increasEs in 2006. Inspectron will not increase its houtly rate
for rental inspections for 2006. The wild card is the condition of the rental units. 'If the units are
inspected by the owner prior to scheduling their fOnTIal inspection' the time required for us to perform
the inspection Will be reduced. If the inspection pas3e5 the first time administratIVe time will be reduced
as well, resulting in a net savings to the City.
No increase in rental liCense fees Is proposed for 2006. We must however monitor the income and
expense of the program to look at fees in the coming years.
. Page 2
c0lc0 39'\1d
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805L0(;c!59
55:L0 9B0(;/9!/50
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St. Joseph North Corridor and CSAH 2 Realignment Study
St. Joseph City Council Meeting - Corridor Study Update
May 18, 2006 -7:30 PM
PRESENTATION AGENDA
1. CORRIDOR VISION AND DESIGN CRITERIA
. Review corridor vision and design criteria (Attachment 1)
. Review roadway cross-section diagram
. Review Stearns County Parks Department bicycle facility
recommendation (Attachment 2)
2. ROUNDABOUT INTERSECTION AT CSAH 2/MINNESOTA STREET
. Review and discuss general guidance for the consideration of
roundabouts (Attachment 3)
· Review roundabout video
. Determine appropriateness of roundabout for CSAH 2/Minnesota
Street intersection
3. PURPOSE AND NEED-BASED ALTERNATIVES' EVALUATION
. Review analyzed alternatives (Attachment 4)
. Review result of purpose and need-based evaluation (Attachment 5)
. Discuss evaluation rationale (Attachment 6)
. Confirm Corridor Advisory Committee recommendation to eliminate
other alternatives from consideration and move forward with the
following alternatives:
o CSAH 2-South: Blue 3 and 4
o CSAH 2-North: Green 3
o North Corridor: Yellow 1 and 2
4. NEXT STEPS
Corridor Study
· Prepare preliminary design for top alternatives
. Evaluate remaining alternatives based on full evaluation criteria
. Share results with PMT and CAC - rank alternatives (most desirable to least)
· Prepare brief corridor study report
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Attachment 1
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Sr. JOSEPH NORTH CORRIDOR AND CSAH 2 REAliGNMENT STUDY
CORRIDOR VISION AND DESIGN CRITERIA
REVISED MAY 9, 2006
Realit!ned CSAH 2 (1) North Corridor
Functional Classification Minor Arterial Minor Arterial
Design Speed 45 - 55 mph 45 mph
Typical Roadway Section 4 lane divided urban 2-4 lane divided urban
(2-lane rural initially)
Pedestrian and Bicycle Trails separate bicycle path separate bicycle path
Access Spacing Guidelines 1/2 mile for signals 1/2 mile for signals
1/4 mile restricted 1/4 mile restricted
Right-of-Way 150 feet 150 feet
Notes:
(1) Realigned CSAH 2 would be located west and north of the present St. Joseph urban
boundaries. It would extend from 1-94 to approximately the CSAH 75/CSAH 3 intersection,
then along existing CSAH 3, and finally turn east to intersect existing CSAH 2 about 0.5 miles
north of the present St. Joseph urban boundary.
------------------.
Attachment 2
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Cr"O'" UfNI,r'Tf'YI P,""A;R"K>"S"
,/.' ,Pi r: " ",',' "m; ,,', '" ,:", ","
May 15,2006
1802 Co. Rd. 137, Waite Park, MN 56387
telephone: 320/255-6172; fax: 320/255-6177;
email: chuck.wocken@co.stearns.mn.us
To:
From:
Brian Shorten, SRF CONSULTING
Chuck W ocken, Stearns County Park Director
RE: BICYCLE FACILITIES IN THE "NORTH CORRIDOR AND CSAH #2
REALIGNMENT STUDY AREA
Whenever possible, Parks would like to see separated facilities for
bicycling as new transportation routes are planned. The safer and more
attractive facilities will draw more residents into use of the facilities for
transportation and recreation. Including separated facilities within the
municipal area of the City of St. Joseph combined with the Lake Wobegon
Trail will allow good circulation within the Metro area. Widened shoulders
should be the connection of last resort, but sometimes an essential link for the
bikeway system.
Attachment 3
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SRF Consulting Group, Inc.
February 2,2006
GENERAL GUIDANCE FOR THE CONSIDERATION
OF
ROUNDABOUTS
Roundabouts are an accepted tool for use in controlling traffic and assigning right of
way. They are growing in popularity due to their desirable safety benefits, their ability
to reduce the number of lanes at intersections and their aesthetic qualities. Like any
tool, there are appropriate situations for their use and other situations that may not be
appropriate.
SRF has developed the following criteria to provide guidance to our clients in
evaluating potential roundabout locations. Each of the factors listed below should be
considered and evaluated by technical staff prior to making a decision on the
acceptability of a proposed roundabout location. The client is encouraged to reject
proposed roundabout locations for failure to meet key guidance criteria (as defined by
the client), and/ or other criteria he/she deems appropriate to protect the best interest of
the public.
Based on written literature, past experience in evaluating roundabout operations and
general planning principles, roundabouts may be appropriate when:
1. The intersecting roadways have similar volumes and/or functions (i.e.,
functional classification within two classes of one another).
Roundabouts give all intersecting legs equal importance. When flows and function are
more equal, roundabouts are an efficient way to control traffic (i.e. they will not
inconvenience many vehicles, for the benefit of a few vehicles).
2. There are low truck and/or large commercial vehicle volumes.
While roundabout designs can accommodate trucks, trucks have a more difficult time
negotiating roundabouts (merging and weaving in roundabout areas) and operational costs
(i.e., time and efficiency lost on approaches in and out of roundabouts) can be significant.
3. There are low to moderate approach speeds (45 mph or less).
Roundabouts reduce every vehicle speed to 15-20 mph; lower speed approaches will
minimize operational costs and delays (i.e., less acceleration and deceleration cost
differences).
4. There are low to moderate pedestrian crossing volumes (i.e. avoid locations near
major schools and/or event generators)
High pedestrian crossing volumes can cause significant traffic queues, (i.e., pedestrians
have right-of-way and approaching vehicles have to yield). The safety experience of
roundabouts is varied for bicycles and pedestrians. Bicycles co-mingle with vehicles as they
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-
Attachment 3
SRF Consulting Group, Inc.
February 2, 2006
travel through the roundabout. Less experienced bicyclists may find this co-mingling
difficult and are encouraged to use off-street multi-use paths and crosswalks. Experienced
bicyclists traveling at higher speeds do not find the co-mingling a problem. Safety
experience also varies for pedestrians. Pedestrians with impaired vision find it difficult to
navigate through high volume roundabouts because there are no audible pedestrian
controls (i.e., walk light with buzzer). For other pedestrians, safety may be improved as
vehicle speeds are lower, the number of potential conflict points is reduced (from 16 to 8),
and pedestrians cross fewer numbers of lanes at a time (2 to four as compared to four to six
at signalized intersections). (1)
5. The proposed roundabout location does not create additional vehicle gap
problems for downstream intersections.
Roundabouts tend to meter flow, which may not provide gaps to downstream intersections
(i.e. signals may be required or other traffic control measures to interrupt flow.) What type
of intersections and downstream demand is present and how is traffic controlled at these
locations?
6. There are significant safety issues that can be addressed by roundabout design
(e.g., right-angle crashes, crashes of higher severity).
Roundabouts have a very good vehicle safety record in comparison to signalized and/or
uncontrolled intersections, because vehicles travel at lower vehicle speeds (15-20 mph), the
number of conflict points are reduced (from 32 to 8), and conflict points are at flat angles
with vehicles going the same direction. These factors reduce crash severity. Lower speeds
and increased safety are characteristics that are well accepted in neighborhood and/or
residential settings.
7. The proposed roundabout location is part of an overall access management plan
for the area. This plan would serve to reduce the overall number and severity of
traffic conflicts in the corridor and provide a reasonable alternative to
mitipating access restrictions. C'
Roundabouts are one-way to handle downstream u-turns (increased safety and reduced
conflicts from left turns).
1 According to the United Kingdom Department of Transport publication Killing Speed and Saving Lives (as
reported in the Oregon Department of Transportation, Oregon Bicycle and Pedestrian Plan, 1995), the risk of
pedestrian death increases with vehicle speed (i.e., risk is 15% at 20 mph, 45% at 30 mph, and 86% at 40 mph).
Attachment 3
SRF Consulting Group, Inc.
February 2,2006
Based on written literature, past experience in evaluating roundabout operations and
general planning principles, roundabouts tend not to be appropriate when:
A. There are high volumes and there is inadequate intersection spacing (i.e. high
potential for frequent queues and/or spillbacks into other signalized. intersections
or roundabouts). .
Operational analysis should be completed to make sure that downstream intersections will
not spill back when volumes and spacing is limited.
B. There are heavy through volumes with little or no side street flows; and/or heavy
left-turn volume with opposing heavy through volumes.
This would violate Rule No.1 specified above. If traffic orientation is for heavy
concentration of through vehicles, then roundabouts will be less efficient (less efficient than
if a substantial portion of traffic was turning at the intersection anyway).
C. There are significant concerns and/or limitations that affect emergency services or
movement of freight and/or special loads.
Emergency service units can pre-empt signals (i.e., change phase on approach) to decrease
response times. With roundabouts, physical geometries reduce all speeds (24 hours a day)
to 15-20 mph. Also, some routes may have special needs for moving large objects or
equipment (e.g., house moving routes). These factors should be evaluated when considering
a roundabout.
H:\Projects\5533\ TPlAlt Evaluation\Roundabout Guidance 2 2 06. doc
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Attachment 6
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DRAFT
May 16, 2006
St. Joseph North Corridor and CSAH 2 Realignment Study
Evaluation of Alternatives based on Purpose and Need
The City of St. Joseph and Stearns County are working with SRF Consulting Group, Inc.
to complete the St. Joseph North Corridor and CSAH 2 Realignment study. As part of the
study, the group developed 11 preliminary alignment alternatives for the North Corridor
and CSAH 2 Realignment. As shown on Figure 1, the 11 alternatives are:
· Blue 1. 2. 3. and 4: These alternatives extend from existing CSAH 2/Minnesota
Street to CSAH 75 and are generally being called CSAH 2-South. All alternatives
are new, 4-lane roadways located on new alignment.
. Green 1. 2a12b. and 3: These alternatives extend from CSAH 75 to existing
CSAH 2 north of the City of St. Joseph. These alternatives link the Blue and
Yellow alternatives and are generally being called CSAH 2-Nprth.
o Alternative Green 1 is assumed to consist entirely of existing roadway. For
this alternative, the study team assumed the capacity of existing CSAH 2
would be expanded to 4-lane from north of the City of St. Joseph to
CSAH 75. At CSAH 75, CSAH 2 would be rerouted to run concurrently
with existing CSAH 75 until intersecting the Blue alternatives west of the
City of St. Joseph. CSAH 2 would then travel north-south on the Blue
alternatives described above.
o Alternatives 2a12b and 3 are new 4-lane roadways located on new
alignment.
· Yellow 1. 2. and 3: These alternatives extend east from the Green alternatives and
are generally being called the North Corridor. The Yellow alternatives extend
from existing CSAH 2 north of the City of St. Joseph to Rolling Ridge Road in
St. Cloud. These alternatives are new, 4-laneroadways located on new alignment.
Before moving forward with preliminary design, the study team evaluated each
alternative to identify those that should be dismissed from further study because they do
not meet project purpose and need. Consistent with Federal Highway Administration
(FHW A) Technical Advisory T6640.8A, "Guidance for Preparing and Processing
Environmental and Section 4(f) Documents" (October 30, 1987), the study tea.m
identified the following eight purpose and need categories pertinent to the North Corridor
and CSAH 2 Realignment Study to be used as the basis for the evaluation:
.
Roadway Capacity
"Capacity")
Safety
Roadway Deficiencies
System Linkage
(i.e.,
· Modal Interrelationships
· Transportation Demand
· Social Demands or Economic
Development
· Proj ect Status
.
.
.
These criteria support the project's four key goals:
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Attachment 6
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St. Joseph North Corridor and CSAH2 Realignment Study DRAFT May 16, 2006
Evaluation of Alternatives based on Purpose and Need
Figure 1
Map of Alternatives (see attached map)
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Attachment 6
St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
1. Ensure safe and efficient mobility for the traveling public
2. Ensure consistency with regional and local transportation plans
3. Ensure consistency with local land use, economic development, and growth plans
4. Document the project's readiness to advance
Evaluation rationale is explained in the following sections.
The study team worked with the 81. Cloud Area Planning Organization (APO) to develop
2030 travel demand forecasts for the study area. These forecasts were used in the
evaluations discussed below. The capacity objectives for the study include relieving local
trip demand on CSAH 75 and providing adequate capacity on new roadways.
METHODOLOGY - FORECAST 2030 DAILY TRAFFIC VOLUMES
For this stage of study, the travel demand forecast model was used to identify traffic
volume changes among significantly different alternatives roadway alternatives. For that
reason, 2030 traffic forecasts were developed for larger, future roadway network
alternatives that combined Blue, Green, and Yellow alternatives. The model scenarios are
made up of the following elements:
.
One of two Blue alternatives (either Blue I or a generalized version of Blue 2, 3,
and 4) - differences among the alignments of Alternatives Blue 2, 3, and 4 were
not considered significant enough at this early stage of study to be modeled as
separate alternatives.
One of three Green alternatives (Green L generalized version of Green 2a/2b, or
Green 3) - Green 2a and 2b were combined because differences between their
alignments were not considered significant enough at this early stage of study to
be modeled as separate alternatives.
A general Yellow alternative - the alignments of the Yellow alternatives were not
considered significant enough for this early stage of study to be modeled as
separate alternatives.
.
.
The study team worked with the APO to model the following combinations of Blue,
Green and Yellow alternatives to illustrate changes among the larger future roadway
networks:
· Blue I, Green 2a/2b, and general Yellow - Blue I and Green 2a/2b were identified
as significantly different and modeled separately because they have significantly
different directional orientation. They are oriented diagonally northeast-southwest
while the other Blue and Green alternatives are oriented north-south and east-
west.
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Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
· Blue 2-3-4. Green 1. and general Yellow - Green 1 was identified as significantly
different and modeled along with the combined Blue and general Yellow
alternatives because it has a significantly different orientation as compared to
Green 2al2b, and it has a significantly different route as compared to Green 3 (i.e.,
Green 1 is routed concurrently with CSAH 75 on the existing CSAH: 75 alignment
between existing CSAH 2 and the combined Blue alternative).
· Blue 2-3-4. Green 3. and general Yellow - Green 3 was identified as significantly
different and modeled along with combined Blue and general Yellow alternatives
because it has a significantly different orientation as compared to Green 2a/2b and
it has a significantly different route as compared to Green 1.
ANAL YSIS- FORECAST 2030 DAILY TRAFFIC VOLUMES
The study team used forecast daily 2030 Blue 1, Green 2a12b
traffic volumes (i.e., forecast average daily
traffic - ADT) to evaluate the alternatives.
Alternatives creating a common section on
CSAH 75 yield higher volumes on CSAH
75, mix types of trips (through trips on
CSAH 75 versus trips using CSAH 75 to
travel between two other local roadways)
and were given poor ratings. Alternatives
that separate CSAH 75 from other routes
yield lower volumes on CSAH 75, eliminate Blue 2-34. Green 1
potential bottlenecks, and were given good
ratings. "Results are summarized below and
illustrated in Figure 2.
· Blue 1. Green 2al2b. and general Yellow
- creates a common section and yields
the highest ADTs on CSAH 75 west of
existing CSAH 2 (33,804 vehicles per
day (vpd) between CSAH 3 and the
diagonal; 26,630 vpd between the
diagonal and existing CSAH 2)
· Blue 2-3-4. Green 1. and general Yellow
- creates a common section and yields
high ADT on CSAH 75 west of existing
CSAH 2 (32,324 vpd west of 2nd Ave
NW; 33,415 vpd between 2nd Ave NW
and CSAH 2)
· Blue 2-3-4. Green 3. and general Yellow
- does not create a common section and
yields the lowest ADT on CSAH 75
west of CSAH 2 (25,165 vpd)
......c.-
......
1I0Rl>!
......c.-
"
~
M
........
NOOTIi
Figure 2
Effect of Alternatives on CSAH 75
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Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
METHODOLOGY - INTERSECTION CAPACITY
The study team evaluated intersection capacity using critical lane analysis. The first step
in performing critical lane analysis is the development of peak hour turn movement
forecasts. Existing peak hour turn movement volumes were collected at three CSAH 75
intersections: CSAH 3, 2nd Avenue NW (the truck route), and College Avenue
(CSAH 2). Based on the counted volumes, the study team identified turn movement
proportions that were then applied to the forecast ADTs to produce 2030 peak hour turn
movement forecasts at the three counted intersections. For new intersections (e.g., CSAH
2/North Corridor) or intersections that change substantially (e.g., CSAH75/CSAH 3), the
study team used the existing turn movement proportions as a basis to estimate turn
proportions at the new/modified intersections and develop turn movement forecasts.
ANALYSIS - INTERSECTION CAPACITY
The study team performed critical lane analysis at the following key intersections:
· CSAH 75/CSAH 3
. CSAH75/CSAH 2 Realigned (if separate from the CSAH 3 intersection)
· CSAH 75/2nd Avenue NW
. CSAH 75/College Avenue (also CSAH 2 for some alternatives)
· CSAH 3/CSAH 2 Realigned (if applicable)
· CSAH 2/North Corridor
Alternatives including intersections that are anticipated to be over capacity were given
'Poor' ratings. Alternatives including intersections that are anticipated to be at capacity
were given 'Fair' ratings. Alternatives including intersections that are anticipated to be
below capacity were given 'Good' ratings.
. Blue I and Green 2a12b - analysis results showed one intersection, the
CSAH 75/CSAH 2 Realigned intersection, would be at capacity during peak hours
(FAIR)
. Blue 2-3-4 and Green 3 - analysis results show two intersections, the CSAH
75/CSAH ~/CSAH 2 Realigned intersection and the CSAH 75/College Avenue
intersection would be at capacity during peak hours (FAIR)
. Green 1 - analysis results showed one intersection, the CSAH 75/CSAH 2 (College
Avenue) intersection, would be over capacity during peak hours. Because of existing
constraints (i.e., locations of buildings), the study team felt no practical improvements
could be made to improve capacity at this intersection. The locations of the Blue
alternatives have no effect on this result (POOR)
· Yellow L 2. and 3 - analysis results show the CSAH 2/North Corridor intersection
will be below capacity (GOOD)
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Attachment 6
St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
Recent crash rates for the CSAH 75 corridor are less than or equal to statewide averages
for similar facilities indicating no safety problem on CSAH"75. However, large number
of driveways and roadways access the existing CSAH 2 route as it passes through the
City, which presents a safety issue. Studies show a direct correlation between the number
of access points on a section of roadway and the number of crashes occurring!. As the
number of access points and traffic volumes increase, so will the number of crashes.
AMOUNT OF ACCESS ELIMINATED
Several alternatives provide a new CSAH 2 alignment with opportunities to limit the
amount of driveway access and intersections. Alternatives that provide a new alignment
for CSAH 2 between 1-94 and the northern City of St. Joseph boundary were rated good
because these alternatives provide the most opportunities to reduce the amount of access
along the route. Alternatives that maintain the existing CSAH 2 alignment were rated
poor because they provide little opportunity to reduce the amount of access along the
route.
· Blue 1. 2. 3. and 4 - provide new CSAH 2 alignments creating opportunities to reduce
the amount of access (driveways and intersections) on CSAH 2 between 1-94 and the
north side of the City of St. Joseph (Good)
· Green 1 - maintains existing alignment and provides limited opportunities to reduce
large amounts of access on CSAH 2 (Poor)
· Green 2a/2b. and 3 - provide new CSAH 2 alignment and create opportunities to
reduce the amount of access on CSAH 2 (Good)
· Yellow 1. 2. and 3 - Not Applicable because they do not affect the CSAH 2 alignment
or access (Not Applicable)
Although crash rates indicate there are no major safety issues on CSAH 75, roadway
deficiencies do exist. Skewed intersections are one of the deficiencies in the study area.
NUMBER OF SKEWED INTERSECTIONS
Roadways that intersect at something other than 90-degree angles are called skewed
intersections. The AASHTO Policy on Geometric Design of Highways and Streets (2004)
states that intersections should meet at 90-degree angles whenever possible and
intersections" should avoid an angle of intersection of less than 60 degrees. Where the
angle of turn greatly exceeds 90 degrees, intersection capacity is reduced and it can be
I Source: FHWA, Publication No. FHWA-RD-9l-044 (Nov. 1992). Study data is from two-lane highways
in Minnesota.
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Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
difficult for large vehicles to make the turn. Two existing CSAH 75 intersections are
presently skewed, CSAH 75/CSAH 3 (50 degrees) and CSAH 75/01d Hwy 52 (15
degrees). Alternatives that include or complicate skewed intersections were rated poorer
than alternatives that eliminate skewed intersections or route fewer vehicles them.
. Blue 1 and Green 2a/2b - complicate the existing skewed intersection at the
CSAH 75/01d Hwy 52 junction, force more traffic through the existing skewed
intersection at the CSAH 75/CSAH 3 junction (33,804 vpd versus 32,997 vpd for
Blue 2-3-4/Green 1 or 25,165 vpd for Blue 2-3-4/Green 3) (Poor)
. . Blue 2 - maintains the existing skewed intersection at the CSAH 75/CSAH 3 junction
(reducing capacity for key movements and creating problems for a truck route),
reduces the amount of traffic traveling through the existing skewed intersection at
CSAH 75/01d Hwy 52 (25,165 vpd) (Poor)
. Blue 3, 4 - eliminate the existing skewed intersection at the CSAH 75/CSAH 3
junction, reduce the amount of traffic traveling through the existing skewed
intersection at CSAH 75/01d Hwy 52 (25,165 vpd) (Good)
· Green 1 - forces more traffic through the existing skewed intersection at
CSAH 75/01d Hwy 52 (32,997 vpd) (Fair)
· Green 2a/2b - see above
. Green 3 - reduces the amount of traffic traveling through the existing skewed
intersection at CSAH 75/01d Hwy 52 junction (25,165 vpd) (Good)
. Yellow L 2, 3 - have no effect on skewed CSAH 75 intersections at CSAH 3 or Old
Hwy 52 (Not Applicable)
The purpose of the North Corridor and CSAH 2 Realignment project is to develop a
supporting arterial roadway network in Steams County and the City of St. Joseph. As
such, this network should provide linkage between key corridors and activity centers.
This characteristic of each alternative was evaluated by connectivity and spacing.
PROMOTES CONNECTIVITY
The existing road network in the St. Joseph area is based largely on a north-south and
east-west grid network. The City and County would like to maintain and enhance the grid
network with its supporting arterials, which will enhance connectivity. Alternatives that
enhance the grid network were rated higher than alternatives that do not.
. Blue 1 and Green 2a/2b -. do not enhance the regional grid network due to their
diagonal skew (Poor)
. Blue 2, 3, and 4 - enhance the regional grid network by connecting CSAH 3 to 1-94
(Good)
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Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
.
Green 1 - does not enhance the regional grid network (Poor)
Green 2a/2b - see above
Green 3 - enhances the regional grid network by connecting CSAH 2 and the North
Corridor to CSAH 3 (Good)
Yellow 1 and 2 - enhance the regional grid n~twork and provide the most efficient
connectivity between Rolling Ridge Road and CSAH 2 (Good)
Yellow 3 - enhances the regional grid network but provides inefficient connectivity
between Rolling Ridge Road and CSAH 2 (Fair)
.
.
.
.
1/2 -1 MILE SPACING FOR ARTERIALS
To further enhance and maintain the area's grid network, the City and County would like
to provide supporting arterials every 1/2- to I-mile. Alternatives that meet the spacing
objective are rated higher than alternatives that do not.
· Blue 1 and Green 2a/2b - Alternatives complicate spacing for arterials within the
future urban area because of its diagonal orientation (Poor)
· Blue 2. 3 and 4 - Alternatives meet 1/2- to I-mile spacing for arterials within the
future urban area (Good)
· Green 1 . and 3 - Alternatives promote spacing for arterials within the future urban
area. (Good)
· Green 2a/2b - see above
· Yellow 1 and 2 - Alternatives promote spacing for arterials. They are located
approximately half-way between CSAH 75 and 320th Street (0.8 miles north of
CSAH 75 and 0.5 miles south of 320th Street). (Good)
· Yellow 3 - Alternative complicates spacing for arterials because of its large curve to
the north. At its farthest point, it is located approximately 1.3 miles north ofCSAH 75
and 0.2 miles south of 320th Street. (Poor)
The St. Joseph area road network carries trucks, transit, bicycles, and pedestrians. The
study seeks to provide a solution supporting travel using these modes in addition to
standard private vehicles. The study evaluated each alternative based on location of truck
route and effect on transit, effect on park-and-pool facilities, and effect on
bicycle/pedestrian facilities.
TRUCK ROUTE LOCATION
The existing CSAH 2 truck route is presently located on 2nd Avenue NW (this is not
CSAH 2). An objective of the study is to move the truck route outside the St. Joseph
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Attachment 6
St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
central business district (CBD) and residential neighborhoods. Alternatives that provide
attractive truck routes (limit travel distance, provide appropriate geometries) outside
developed areas are rated higher than those that do not.
. Blue 1 - Alternative provides an attractive truck route and appropriate geometries
outside the developed areas (Good)
. Blue 2 - Alternative creates a longer truck route farther from downtown and the
industrial park and intersects CSAH 75 at a skewed intersection where the 50 degree
angle would present problems for trucks turning into or from downtown or the
industrial park on CSAH 75 (Poor)
. Blue 3 and 4 - Alternatives create a longer truck route farther from downtown and the
industrial park but includes more suitable geometries (Fair)
. Green and Yellow alternatives - Alternatives are not existing truck routes and are not
anticipated to effect the location of a future truck route (Not Applicable)
EFFECT ON TRANSIT AND PARK-AND-POOLFACILITIES
All alternatives would be planned to support transit and maintain the existing park-and~
pool facility located adjacent to 1-94. All alternatives are anticipated to have a beneficial
effect on these multi-modal components. (Good)
EFFECT ON BICYCLE/PEDESTRIAN FACILITIES
All alternatives would be planned to include bicycle/pedestrian facilities. However, all
alternative~ would not have the same effect on existing facilities, particularly the Lake
Wobegon Trail. Alternatives that minimize the number of roadway/trail intersections
were given good ratings while alternatives that increase the number of roadway/trail
intersections were rated poor.
. Blue L 2. 3. and 4 - alternatives have no effect on existing bicycle/pedestrian
facilities (Not Applicable)
. Green 1 and 3 - alternatives would maintain the existing number of roadway/trail
intersections (Good)
. Green 2a/2b - alternative would increase the number of roadway/trail intersections
(Poor)
. Yellow 1. 2. and 3 - alternatives have no effect on existing bicycle/pedestrian
facilities (Not Applicable)
The FHW A guidelines defme transportation demand as relationship to any adopted urban
transportation plan. Three transportation plans have been developed that relate to the
Page 9 of 13
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Attachment 6
St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
study area. The St. Cloud APO's 2030 Transportation Plan includes both the North
Corridor and CSAH 2 Realignment in its Illustrative Network. The City of S1. Joseph
Comprehensive Plan (2002) shows the North Corridor and CSAH 2 Realignment in its
land use plan (revisions proposed November 2005). The Stearns County Transportation
Plan (1999) shows the North Corridor and CSAH 2-South Realignment, but with a
slightly corridor for the CSAH 2-North Realignment (the realignment would be located
farther to the north). Since the Steams County Transportation Plan is presently being
updated, its different CSAH 2-North Realignment has been disregarded.
CONSISTENCY WITH TRANSPORTATION PLANS
Consistency was judged based on roadway location and orientation. Alternatives that are
consistent with the intent of the plans, i.e., located generally in the area shown in the
plans and with the orientation shown in the plans, were rated higher than those that are
not.
· Blue 1 and Green 2a/2b - Orientation of alternatives makes them inconsistent with
Steams County, St. Joseph, and APO (Illustrative Network) Transportation Plans
(Poor)
· Blue 2, 3, and 4 - Location and orientation of alternatives make them consistent with
the three transportation plans (Good)
· Green 1 - Alternative is inconsistent with the three transportation plans because new
roadways are proposed in the plans and Green 1 is not a new roadway (Poor)
· Green 2a/2b - see above
· Green 3 - Location and orientation of alternative are consistent with the three
transportation plans (Good)
· Yellow 1 and 2 - Location and orientation of alternative are consistent with the three
transportation plans (Good)
· Yellow 3 - Due to the large sweeping curve to the north, the location of this
alternative is marginally consistent with the three transportation plans (Fair)
As cities grow, they need a transportation network that provides access to its existing and
growing areas. This study seeks to propose alternatives consistent with the City's vision
for its future as described in its land use plan, its orderly annexation agreement with St.
Joseph Township, and its economic development plan.
CONSISTENCY WITH ST. JOSEPH LAND USE PLAN
The St. Joseph Comprehensive Plan (2002) includes land use descriptions and a land use
map that document the City's intent for future land use (revisions to the land use map
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St. Joseph North Corridorand CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
were proposed in November 2005). Together these documents illustrate that the City
envisions a future north-south roadway supporting development to the west and north of
the current developed area. Alternatives that support the intended land uses are rated
higher than those that do not.
. Blue 1 - Alternative is inconsistent with the future land use plan because it directs a
north-south collector route adjacent to existing single family residential and through
future mixed density residential. (Poor)
. Blue 2. 3. and 4 - Alternatives are consistent with future land use plans because they
are better located to support future B-3 commercial land uses and large-scale
commercial development. (Good)
. Green 1 - Alternative is inconsistent with future land use plans. The land use plan did
not envision a north-south corridor inthese planning districts (Planning District Four
and Six). This alternative also would require roadway expansion and the taking of
property within developed areas to accommodate forecast traffic volumes. This would
have a negative impact on existing residential areas along CSAH 2. (Poor)
. Green 2a/2b - Alternative is inconsistent with direction stated in the land use plan
which. suggests public (re )use or open space in this area (Planning District One)
(Poor)
. Green 3 - Alternative is consistent with future land use plans because a westerly
north-south corridor is anticipated in Planning District 12 and an east-west corridor is
anticipated between CSAH 75 and 320th Street (see discussions for Planning District
Four and Six). (Good)
. Yellow 1 and 2 - Alternatives are consistent with future land use plans as called out in
the descriptions of an east-west corridor between CSAH 75 and 320th Street in text
for Planning Districts .Four, Six, and 15. These alternatives are also consistent with
recent discussions regarding the intent of the Feld Development. (Good)
. Yellow 3 - Alternative is consistent with future land use plans as called out in the
Comprehensive Plan. However, more recent discussions associated with the Fed
Development indicate the North Corridor is intended to provide a boundary between
industrial land uses to the south and residential land uses to the north. This alternative
creates more industrial area than recently discussed as part of the Feld Development.
(F air)
ANTICIPATED EFFECT ON
ENCOURAGING/GENERATING ECONOMIC DEVELOPMENT BENEFITS
The City of St. Joseph would like to develop additional commercial, industrial, and
residential areas which result in an increased tax base, increased number of jobs, and
increased pay rolls. The study team used the City of St. Joseph future land use "map
(Revised in November 2005) to identify those alternatives that better serve the city's
economic development objectives. Alternatives that provide access primarily to planned
commercial or industrial areas were rated good. Alternatives that provide access to a mix
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Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16,2006
Evaluation of Alternatives based on Purpose and Need
of residential, commercial, and. industrial were rated fair. Poor ratings were given to
alternatives that primarily serve areas with low economic development potential, i.e.,
primarily residential or site wit~ development limitations.
· Blue 1 - Alternative provides access to existing single family residential areas and
areas planned for commercial or mixed density residential land use (Fair)
· Blue 2. 3. and 4 - Alternatives provide access t6 areas planned for commercial land
use (Good)
· Green I and 2a12b - Alternatives provide access to existing residential, planned low
density residential land use, or undevelopable land (area near former wastewater
ponds). Alternatives will provide little benefit to existing or planned economic
development sites. (Poor)
· Green 3 - Alternative provides access to planned commercial and planned low density
residential land use (Fair)
· Yellow I and 2 - Alternatives provide access to planned industrial, commercial,. and
residential areas (per more recent discussions regarding the Feld Development, as
compared to the land use plan). (Fair)
· Yellow 3 - Alternative provides access primarily to planned low density residential
areas (per more recent discussions regarding the Feld Development) (Poor)
Project readiness is a key factor in the completion of projects. When preliminary or
prerequisite studies are complete and funding is in place, projects are poised to move
toward construction. The following criteria were used to evaluate project status and
indicate project readiness:
COMPLETION OF PRELIMINARY OR PREREQUISITE STUDIESIPLANS/DoCUMENTATION
Planning and environmental documents are key components in forming the basis for
project readiness. Since regional, county, and city plans are in place for the study area,
and the study team is pursuing the completion of a corridor study and required
environmental documentation the study team concludes that all preliminary/prerequisite
documentation has been or is being prepared for use In evaluating the roadway
alternatives.
PROJECT PROGRAMMED INCIP, TIP, OR STIP
Funding is one of the fmal components needed to advance a project to construction.
Alternatives that are currently included in a specific funding program are rated higher
than those that are not.
Attachment 6
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St. Joseph North Corridor and CSAH 2 Realignment Study DRAFT May 16, 2006
Evaluation of Alternatives based on Purpose and Need
. Blue 1, 2, 3, and 4 - Alternatives represent a project that is currently prograriuned in
the Steams County CIP for 2008 and 2009 (Yes)
. Green and Yellow. alternatives - These types of alternatives are not included in any
funding programming document (No)
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I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Liquor Violation, La Playette
DATE: May 18, 2006
DEPARTMENT APPROVAL
ORIGINATING DEPARTMENT
AGENDA ITEM
Liquor Violation - La Playette
PREVIOUS ACTION
Previously the owner of the La Playette requested an evidentiary hearing for an alleged liquor violation
that occurred on April 22, 2006. You should have received the correspondence last week. Since that time
the owner has indicated that he did not want an evidentiary hearing, rather he wanted to discuss the fine.
Therefore, I have had the owner sign a statement indicating that he no longer wished an evidentiary
hearing. That memorandum is enclosed in your packet.
RECOMMENDED COUNCIL ACTION
Based on the established liquor Matrix and the last 12 month history of the La Playette, the fine falls
under the three aggravating factors, $ 1000 fine and 5 day suspension. ..
FISCAL IMP ACT
COMMENTS/RECOMMENDATIONS
Administrator
Judy Weyrens
Mayor
Richard Grlbom
Councilors
AI Rassier
Ross Rieke
Renee Symanietz
Dale Wick
www.cityofstjoseph.com
CITY OF ST. JOSEPH
MEMORANDUM
Date: May 15,2006
RE:
La Playette Alleged Liquor Violation
The intent ofthis Memorandum is to clarify the process requested by Ace's Places
for the alleged Liquor Violation that occurred on April 22, 2006. The following is a
summary of the events that have transpired:
. On April 22, 2006 St. Joseph Police Officers notice persons entering the La
Playette back door. Upon entering the building police officers ticket two
minors for being in a liquor establishment after 9:00 PM
. May 1, 2006 the City Administrator, Judy Weyrens contacts Dave Aistrup to
notify him of the alleged violation.
. May 2, 2006 the City Administrator receives and email from Deb Peterson,
signed by Dave Aistrup requesting an evidentiary hearing. The $ 500 deposit
was received at the same time.
. Notice was mailed to Dave Aistrup setting the evidentiary hearing date for
May 19, 2006 at 4:00 PM.
. May 12, 2006 in a phone conversation with Dave Aistrup he indicated that he
would not be having an evidentiary but wanted the opportunity to express his
view points to the Council.
Therefore, the purpose of this memo is to clarify the action requested by the owner
of the La Playette. I am requesting the following action:
Continue with the evidentiary hearing on May 19, 2006 at 4: 00 PM
y,./ Cancel the hearing, but ask the Council to review the disposition
;-):)O~JMaY18'2006~(1 s It-
Da~e Aistrtlp U Date I
2') College Avenue North' PO Box 668 . Saint. Joseph, Minnesota ')6174
Phone 120.161.7201 Fax 120.161 0142
May 5, 2006
Ace's Place Inc
Attn: David Aistrup
PO Box 496
St. Joseph MN 56374
VIA CERTIFIED MAIL
Dear David:
This letter is a follow-up to our discussions of May 1 and May 2, 2006. As we discussed,
the La Playette was cited on April 22, 2006 (see attached) for two unaccompanied minors
CSt. Joseph Code of Ordinances n.ll.l.e. In reviewing the history of the Liquor License
for Ace's Place, the alleged violation on April 22, 2006 is the fourth violation in less than a
twelve-month period.
Based on the Alcohol Matrix (see attached), the La Playette currently has 2.5 aggravatipg
factors. The chart below summarizes the violations and associated fines
# Aggravating Aggravating
Prior factors as a factors
Aggravating Citations result of carried
Date Factors Issued Citations Fine forward
08~06-05 None 5 1 $ 150.00 1
08-28-05 1 1 .5 $ 400.00 1.5
12-28-05 1.5 1.5 $ 500 2.50
2 day
Suspension
04-22-06 2.5 2 .5
As we discussed, based on the Alcohol Matrix the fine for the April 22, 2006 incident
includes a $ 1,000 fine and a five-day suspension. I am in receipt of your email dated May
2,2006 (see attached) whereby you are appealing the alleged violation and are requesting an
evidentiary hearing. The Evidentiary Hearing has been scheduled for May 19,2006 at 4:00
PM in the St. Joseph City Council Chambers.
In preparation for this hearing the City Attorney is requesting clarification on the basis for
your contention including what aspect of the violation you are contesting. Please provide
this information to me no later than May 10, 2006.
Mr. Dave Aistrup
May 5, 2006
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If you have any questions or need additional information, please feel free to contact me at 320-363-7201.
Sincerely,
CITY OF ST. JOSEPH
Judy Weyrens
Administrator
cc: Mayor Richard Carlbom and Members of the Council
Tom Jovanovich, City Attorney
Peter Jansky, Police Chief
File (Liquor License Violations - La Playette)
LIQUOR LICENSE VIOLATIONS MATRIX
Adopted September 4, 2003
Commission of a felony related to a liquor license, or the sale of liquor while the license is
suspended shall result in revocation.
Suspensions: Suspensions shall automatically take effect the first consecutive regular business
days following the appeal period or following the appeal to the City Council in which no catered
events have been scheduled. Days in which the licensed premises are not open for business shall
not be credited toward the suspension period. The licensed premises shall be required to provide
proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a
specific date from the automatic suspension.
Aggravating factors: The following shall each constitute one aggravating factor for the purpose
of the liquor license violations matrix:
One of the following violations concurrent with the present violation, or within the 12 months
preceding the present violation:
- A refusal to allow inspection
- A violation for nudity/lewd acts
- After hours sale
- Sunday sale without license
- After hours display
- Violation of club license
- Violation of Outdoor liquor permit
Two of the following violations, in any combination, concurrent with the present violation or
within the 12 months preceding the present violation:
- Sale to Minor*
- Unaccompanied Minor
- Failure to prevent on-sale liquor from leaving premises
- Sale to intoxicated person
*If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation
if there are two or less citationslICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three
violations if 6 to 10 citations/ICRs are issued. If more than 10 citations/ICRs result from a single bar
check, the matter shall be brought before the City Council for consideration of a penalty.
Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary
hearing to contest an alleged violation. The request for hearing must be received by the City
Administrator within 7 days of the alleged violation and the request must include a $ 500.00
deposit. In the event the evidentiary hearing finds in favor ofthe liquor license holder, the $
500.00 deposit will be returned.
ST. JOSEPH POLICE DEPARTMENT
Follow-Up Report
. .
ICR NUMBER: 06800
OFFENSEIINCIDENT: Bar Violation
LOCATION OF OCCURRENCE: 20 North College Avenue, St. Joseph, MN 56374
REPORTING OFFICER: Petcr Jansscn, #7706
. .
On April 22, 2006, at approximately 2250 Hours, Officer M. Johnson, #7711, Reserve Officer M. Bromenschenkel, and I were on
bicycle patrol in the alley behind the LaP layette Bar, when we observed one male and three females walk up to the back door to the
LaP layette Bar. They appeared to knock on the door and the back door opened up and they walked inside without being carded.
Officer Johnson, RO Bromenschenkel and I went inside the LaPlayette and attempted to identify. the four individuals. Officer Johnson
made contact with the male that we observed go in the back door. I was only able to identify one of the females. That female was
identified by her MN Drivers License as Brigh Kristina Swanson, DaB: 11-26-86. We could not locate the other two females.
Detected an odor of an alcoholic beverage emitting from Ms. Swanson's' breath. PBT results indicated a reading of. I 66. Citation
was issued to Ms. Swanson for Underage Consumption and she was released. See ICR 06800694.
Officer Johnson also issued the male a citation for underage consumption. See Officer Johnson's report, 06800693.
END OF REPORT.
OFFICER SIGNATURE:
7'70
DATE:
ST. JOSEPH POLICE DEPARTMENT
Investigation Report Narrative
.
.
ICR NUMBER: 0680
OFFENSE/INCIDENT: Bar Violation
LOCATION OF OCCURRENCE: LaPlayette Bar - 20 North College Drive
ADDRESS: 20 NorthCollege Drive, StJoseph, MN 56374
PHONE NUMBER: 320-363-7747
DATE REPORTED: 04/22/2006
TIME REPORTED: 2300
REPORTING OFFICER: Matt Johnson, 7711
ASSISTING OFFICER (S): Pete Janssen, 7706
.
.
On April 22, 2006 at approximately 2250 hrs, Officer Janssen, Reserve Officer Marty Bromenschenkel, and I were
on bicycle patrol in the alley behind the LaPlayettebar. I noticed 4 people standing at the rear door of the bar. 3 appeared
to be females, wearing white and tan colored shirts and one was a male that was wearing an aqua blue colored shirt and
a black backpack. I observed the back door open and all four people walk in. I was not able to see who opened the door.
We immediately rode over to the door and I knocked on it until it opened.
When I entered the bar,. I noticed a male matching the description of the one standing at the door prior. I made
contact with him and he was identified by his MN driver's license. This identification showed that he was 20 years old;
born on 06/20/1986. (See ICR 06800693) I will make reference to this male as Tom in this report. I brought Tom outside
and asked him how he got into the bar. Tom told me that a guy that he knows only as "Kramer" let him in.1 asked if he
had made this arrangement by cell phone. Tom said that he talked with Kramer in the front of the LaPlayette and was told
to go to the back door. I asked Tom if there was an employee or bouncer at the back door whenhe entered. Tom told me
that there was not. I asked Tom if he could point out Kramer in the bar. Tom told me that he could. We went into the bar
and I noticed that there were approximately 30-40 people inside. Tom told me that he did not see Kramer in there, that he
must have left. I then asked Tom if he was able to show me the females that entered with him. Tom again said that he did
not see them. At that point, we were exiting the bar when a female in a tan shirt walked out of the restroom. I asked
Officer Jansen to identify her. Janssen identified her by her name and date of birth also to be under the age of 21. (See
ICR 06800694). Both parties were issued citations and released. .
I was then approached by the LaPlayette manager, Shawn Leo KI~phake (DOB: 03-20-1975) I asked Shawn if
there was a bouncer at the back door tonight. Shawn told me that there was not one there yef as it wasn't that busy. I
informed Shawn that there needed to be a bouncer there, as this same thing will continue to happen.
Follow-up to continue.
OFFICER SIGNATURE:
DATE: 4- 2-.....?>-2,.~
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I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
St. Joseph Parish -Request display Flags
DATE: May 18, 2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
St. Joseph Parish - Outdoor Event
PREVIOUS ACTION
RECOMMENDED COUNCIL ACTION
FISCAL IMPACT
COMMENTS/RECOMMENDA nONS
The St. Joseph Parish is requesting authorization to display St. Joseph flags during their sesquicentennial.
They are requesting to use the flag poles on the decorative lights. They have talked to the Legion about
the use since the American Flags are typically displayed. Their request follows this RF A
May 10, 2006
church otSt. Joseph
Celebrating Christ Through Fra,t)er and Service
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12 West Minnesota Street
St, Joseph, MN 5637+
}10-}6,-7505
VN,^N.Ghurchs~jo5eph.org
City of St. Joseph Council Members
25 North College Avenue
St. Joseph, MN 56374
, Dear Council Members,
Itis with great pleasure that we share our Sesquicentennial celebration with the
City of St. Joseph. To complement our year of celebration, we are asking
permission to hang St. Joseph Banners on the street light posts along Minnesota
Street and College Avenue.
The parish has already received permission from the American Legion to use
alternate posts to display banners. We will consult with the American Legion and
the College of St. Benedict for the placement of the banners.
Please be assured that we are happy to work with the City of St. Joseph to make
this our best celebration ever. Thank you very much.
Sincerely,
w~~
Sandy Scholz
Business Manager
,
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Quarterly Report
Jan-March
2004 2005 2006
Accidents
1 0-50 23 9 10
1 0-52 2
10-53 4 1 1
Car/Deer
Hit and Run 3 3 3
Administrative
Citations
Keg Violations.
Liquor on Street 3 5 3
Misc. City Ordinance
Noise Violation 1 1
Unreasonable 2 1
Acceleration
Urinating in Public 5 4 5
Agency Assist
Cold Spring PO 1
Other Agencies 1 . 1
Other Law Enforcement 5 2
Agency
Sartell PO
Sauk Rapids PO 1
St Cloud PO 3 1 6
State Patrol 1 3
Stearns County 35 15 24
Waite Park PO 1 32 25
Alarm
Actual 2 1
False 16 23 16
1
2
Misc. Public Calls
911 Calls 3 4 3
Alcohol Complience 1 1
Check
A TV Complaint 1 1
Burning Violation
Business Assist 22 18 15
Civil Matter 1 3 1
Deer Permit
Driving Complaint 11 10 14
Escorts 1 5 7
Exposer Complaint
Extra Patrol Request 6 2 3
False 10 3 4 1
Fight 2
Fire 1
, Fireworks
Harassment 7 7 3
Hazard 3 2 1
I ntoxicated Person 4 2 ,3
Littering
Matter of Information 5 6 6
Motorist Assist 15 7 6
3
Quarterly Report
Jan-March
Misc. Public Calls No Pay Customer 10 13 9
(cant.)
Noise Complaint 9 14 16
Open Door 11 6 5
Parking Violation 5 6 2
Personal Assist 20 19 28
Prowler Complaint
Snowmobile Complaint 5 2 2
Stalled Vehicle 4 2 1
Suspicious Activity 10 6 13
Suspicious Item 1
Suspicious Person 5 7 6
Suspicious Smell 1 2
Suspicious Vehicle 6 5 2
Threats Complaint 1 2
Tobacco Compliance
Check
Towed Vehicle 3 7 3
Trespassing
Unwanted Person 4 3 3
Vandalism
Verbal Dispute 6 11 13
Vulnerable Adult
Welfare Check 5 14 11
4
Property Damage
Theft
Petty Misdemeanor
Misdemeanor
Gross Misdemeanor
Felony
Misdemeanor
Gross Misdemeanor
Felony
From Vehicle
Of Vehicle
Recover Stolen Vehicle
5
Quarterly Report
Jan-March
Traffic Stops
Cancelled IPS
Careless Driving 1
Display Wrong
Registration
Display/Possess 1
Revoked Plates
Driver's License 1
Violations
Driving After 1
Cancellation
Driving After 2 4 12
Revocation
Driving After 2 3 8
Suspension
Expired Driver's
License or Instructional 1 1 1
Permit
Expired Registration 14 5 8
Fail to Change Address
on DL
Failure to Register 1 1
Motor Vehicle
Failure to Transfer Title
Failure to Yeild Right of 1 2 1
Way
Illegal Use of Plates 1 1
I nattentive Driving 1
Limited Driver's License 1
Moving Violation 1
No Insurance 1 2
No Motorcycle
Endorsement
No Proof of Insurance 7 6 13
No Valid Driver's 1 1
License
Non-Moving Violation 1 2
Open Container
6
Quarterly Report
Jan-March
Traffic Stops (cant.) School Bus Stop Arm
Violation
Seatbelt Violation 1 1
Semaphore Violation 3 1 2
Speed 39 21 19
Stop Sign 7 5 5
Unreasonable
Acceleration
Unsafe Equipment
Warning Tag
Underage
Consumption
Under 18 3
18-21 34 34 30
Drinking & Driving 3 2
Possess
Warrants
Misdemeanor 2 3 8
Gross Misdemeanor 2
Felony 2
Service 2 1
7
I Attachment: Yes or No
REQUEST FOR COUNCIL ACTION
Administrator. Reports
(a) Cloudnet Antenna Lease
DATE: May 18,2006
ORIGINATING DEPARTMENT
DEPARTMENT APPROVAL
AGENDA ITEM
Cloudnet Antenna Lease
PREVIOUS ACTION
RECOMMENDED COUNCIL ACTION
Authorize the Mayor and Administrator to execute the lease agreement between the City of St. Joseph and
Cloudnet Inc.
FISCAL IMPACT
The City currently pays a monthly fee for internet services to the Maintenance Facility. Allowing
Cloudnet to co-locate on the antenna at the Facility the City would receive free internet service.
COMMENTS/RECOMMENDATIONS
Representatives fromCloudnet have met with Dick Taufen and Jim Marthaler to discuss the potential of
the co-location. From these discussions the City can provide the antenna space that is needed assuring
continued high speed internet service in the Industrial Park. The City currently uses Cloudnet for internet
services at the Maintenance Facility.
As this agreement was just received on Monday morning I have forwarded it to Sue Dege for a quick
legal review. I will have that information at the Council meeting.
Cloudnet, Inc. 26 6th Ave. N Suite 110 St. Cloud MN 56303 320-240-8243
May 15th, 2006
City of Saint Joseph Wireless Proposal
Cloudnet has been providing high-speed wireless internet service to areas the City of Saint
Joseph for the last two years. Currently, we have our distribution systems and equipment
located at a site where the corporate headquarters of the former Meeting Grounds was located
since the inception of our service in the area. The majority of our clients in the area are business
clients who not only have internet access through this system, but also utilize Cloudnetfor
services such web and email hosting as well as our consulting expertise for their internet related
matters.
With the uncertainty of the Meeting Grounds facility and to be able to allow Cloud net to continue
to offer our services at an affordable price (available to both businesses and individuals),
Cloudnet has determined that the best way to continue our ability to serve current and future
customers is to relocate our distribution system and equipment to a new location, the City of
Saint Joseph Public Works facility (one of our customers).
Our proposal to the City of Saint Joseph is to arrange for equipment location rights at the City of
Saint Joseph Public Works Facility location in exchange for high speed internet access at this
location.
This arrangement would result in the following:
1) High speed internet access made available to both businesses and individuals and the
surrounding area, at no cost to the city.
2) Access and customer support will be provided by Cloudnet, a local company that has been
in business for 12 years, and has provided wireless connections for over 5 years.
3) Free high speed internet access for the City of Saint Joseph Public Works Facility.
Please refer to the attached draft site lease document which further describes the specifics of
the arrangement we are proposing. It is modeled after agreements we have with other partners
and locations where we provide services such as this.
Cloudnet is excited about the opportunity to partner with the City of Saint Joseph to continue
providing services such as our high speed wireless internet access to the businesses and
citizens of the area and looks forward, with your approval to completing this transition in a timely
manner.
Michael J. Muggli
CEO
Cloud net, Inc.
26 6th Ave. N, Suite 110
St. Cloud, MN 56303
320-240-8243
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease"), made effective this _day of
2006 between CITY OF SAINT JOSEPH, a Minnesota municipal corporation ("Landlord"),
and CLOUDNET, INC., a Minnesota corporation ("Tenant").
RE.CIT ALS
1. WHEREAS, Landlord desires to enter into this Site Lease Agreement for the purpose of
allowing Tenant to provide high-speed internet service;
2. WHEREAS, the primary consideration for this Agreement is the Tenants commitment to
provide reasonable high-speed internet service to the Landlord; and
3. WHEREAS, Tenant has represented that it can provide such service.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions ofthis Lease, Landlord
hereby leases a portion of the City of Saint Joseph, Public Works Facility ("Leased Premises")
sufficient to erect and maintain antennas, cables, and accessories as listed in the attached Exhibit
A ("Antenna Facilities), the exact location of each to be reasonably approved by Landlords
Director of Public Works, together with a non-exc!usive easement for reasonable access thereto
and for adequate electric and telephone facilities.
(a) As a condition ofthis lease, Tenant must be capable of providing high-
speed internet service the service to subscribers and as required by
Paragraph 2 within thirty (30) days of the date specified in first
paragraph ofthis Lease (the "Effective Date").
(b) Tenant will provide high-speed internet service at the speeds and rates
specified in the attached Exhibit B and subject to change at Tenant's sole
discretion .
2. Rent. As rent for this Agreement, Tenant agrees to provide Landlord, free of
charge, high-speed internet service (including the necessary equipment) for this site (Public
Works Facility).
3. Governmental Approval Contingency.
(a) Approvals. Tenant's right to use the Leased Premises is expressly made
contingent upon its obtaining all the certificates, permits, zoning and other
approvals that may be required by any federal, state, or local authority.
Landlord shall cooperate with Tenant in its efforts to obtainand retain such
approvals and shall take no action which would adversely affect the status
of the Leased Premises with respect to the Tenants proposed use thereof.
(b) Interference Study. Tennant acknowledges that the Leased Premises are in
close proximity to existing tenants' radio/antenna facilities. In the event an
existing tenant claims Tenant's Antenna Facilities are interfering with their
activities, the Landlord, in its sole discretion, may require, and Tennant
agrees to immediately proceed to conduct a radio frequency interference
study carried out by an independent and qualified professional approved by
the Landlord showing that Tenants use does not interfere with any existing
communications facilities. Tennant shall be responsible for the cost ofthe
study. If the study finds that there is potential for interference that cannot
be reasonably remedied, Landlord or Tenant may terminate this Lease.
(c) Non-approvaL In the event that any application necessary under
Subparagraph 3(a) above is finally rejected or any certificate, permit,
license, or approval issued to Tenant is cancelled, expires, lapses, or is
otherwise withdrawn or terminated by governmental authority so that
Tenant, in its sole discretion, will be unable to use the Leased Premises for
its intended purpose, Tenant shall have the right to terminate this Lease.
4. Suitability Contingency. Tenant, its agents, and contractors are granted the right,
at its sole cost and expense, access to the Leased Premises, with the prior consent of the Public
Works Director as to the specific date(s) and time(s), to conduct such studies as Tenant deems
necessary to determine the suitability of the Leased Premises for the purposes provided herein.
These studies may include soil tests, surveys, environmental evaluations, radio wave propagation
measurements, field strength tests, and such other analyses as Tenant deems necessary and
desirable.
5. Term. The term of this Lease shall be for two (2) years, commencing on the
Effective Date and ending on May 30t\ 2008.
6. Tenants Use.
(a) User Priority. Tenant agrees that the following priorities of use, in
descending order, shall apply in the event of communication interference or
other conflict while this Lease is in effect, and Tenants use shall be
subordinate accordingly:
1. Landlord;
2. Public safety agencies, including law enforcement, fire, and
ambulance services, that are not part ofthe Landlord;
3. Other governmental agencies where use is not related to public
safety; and
4. Government-regulated entities whose antennae offer a service to the
general public for a fee, in a manner similar to a public utility, such
as long distance and cellular telephone, not including radio or
television broadcasters.
(b) Purposes. Tenant shall use the Leased Premises only for the purpose of
installing, maintaining, and operating a Landlord-approved
communications antenna facility, equipment, and uses incidental thereto for
providing wireless telecommunication services which Tenant is legally
authorized to provide to the public. This use shall be non-exclusive, and
Landlord specifically reserves the right to allow the Leased Premises to be
used by other parties and to make additions, deletions, or modifications to
its own facilities on the Leased Premises. Tenant's communications
antenna facility shall consist of antennas and other equipment at a
Landlord-approved location ("Antenna Facilities"). Tenant shall comply
. with all applicable ordinances, statutes and regulations oflocal, state and
federal government agencies.
(c) Construction. Tenant may erect and operate Antenna Facilities in
accordance with Exhibit A and upon prior written approval of Landlord's
Public Works Director. Tenant may not increase the number of antennas or
expand in any way the Antenna Facilities without the prior written approval
of the City. In the event Tenant desires to increase the number of antennas
or expand the Antenna Facilities, the City may, in its sole discretion,
require Tenant at its sole cost to undertake an evaluation carried out by a
qualified professional, retained by Landlord, demonstrating that each
additional antenna or expanded Antenna Facilities will not interfere with
existing antennas or with proposed antennas with a higher priority. The
cost of each evaluation must be paid by the Tenant within 30 days after
receiving written notice ofthe cost. If Landlord consents to, the parties
will negotiate the amount of additional rental for the antennas and execute
an amendment to this Agreement.
(d) Operation. Tenant shall have the right, at its sole cost and expense, to
operate and maintain the Antenna Facilities on the Leased Premises in
accordance with good engineering practices, with all applicable FCC rules
and regulations. Tenant's installation of all Antenna Facilities shall be done
according to plans approved by Landlord, which approval shall not be
unreasonably withheld. Any damage done to the Leased Premises or other
Landlord property including the Structure during installation or during
operations, shall be repaired at Tenant's expense within 30 days after
notification of damage. The Antenna Facilities shall remain the exclusive
property of the Tenant, unless otherwise provided in this Lease.
( e) Maintenance/Improvement Expenses. All modifications to the Leased
Premises and all improvements made for Tenant's benefit shall be at the
Tenant's expense and such improvements, including antenna, facilities and
equipment, shall be maintained in a good state of repair, at least equal to
the standard of maintenance of the Landlord's facilities on or adjacent to
the Leased Premises, and secured by Tenant.
(f) Replacements. Before the Tenant may update or replace the Antenna
Facilities, Tenant must notify and provide a detailed proposal to Landlord.
Tenant shall submit to Landlord it detailed proposal for any such
replacement facilities and any other information reasonably requested by
Landlord of such requested update or replacement, including but not
limited toa technical study pursuant to Paragraph 3, carried out at Tenant's
expense. Landlord may not unreasonably withhold approval.
(g) Drawings. Tenant shall provide Landlord with as-built drawings of the
equipment and improvements installed on the Leased Premises, which
show the actual location of all Antenna Facilities. Said drawings shall be
accompanied by a complete and detailed inventory of all equipment,
personal property, and Antenna Facilities actually placed on the Leased
Premises.
(h) No Interference. Tenant shall, at its own expense, maintain any equipment
on or attached to the Leased Premises in a safe condition, in good repair
and in a manner suitable to Landlord so as not to conflict with the use of
the surrounding premises by Landlord. Tenant shall not unreasonably
interfere with the operations of any prior tenant using the Leased Premises
and shall not interfere with their working use by Landlord.
(i) Access. Tenant, at all times during this Lease, under the conditions
contained herein, shall have access to the Leased Premises in order to
install, operate, and maintain its Antenna Facilities. Tenant shall have
access to the Leased Premises on a 24 hour by 7 day basis with the
approval of Landlord and as abiding by any of Landlord's access and
security measures and policies. Tenant shall request access to the Leased
Premises twenty~four (24) hours in advance, except in an emergency, and
Landlord's approval thereof shall not be unreasonably withheld or delayed.
G) Payment of Utilities. Tenant shall utilize the existing electric service at the
Leased Premises. Landlord agrees, in consideration for this Agreement, to ...
provide this service to Tenant asa part ofthis agreement at no extra charge.
7. Emergency Facilities. Inthe event of a natural or man made disaster, in order to
protect the health, welfare, and safety of the community, Tenant may erect additional Antenna
Facilities and install additional equipment on a temporary basis on the Leased Premises to assure
continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains
written approval from the Landlord.
8. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall
promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased
Premises, including painting or other maintenance of the Structure, that are caused by Tenant's
occupancy of the Leased Premises.
9. Defense and Indemnification.
(a) General. Tenant agrees to defend, indemnify and hold harmless'Landlord
and its elected officials, officers, employees, agents, and representatives,
from and against any and all claims, costs, losses, expenses, demands,
actions, or causes of action, including reasonable attorneys' fees and other
costs and expenses of litigation, which may be asserted against or incurred
by Landlord or for which Landlord may be liable in the performance of this
Lease, except those which arise solely from the negligence, willful
misconduct, or other fault of Landlord. Tenant shall defend all claims
arising out of the installation, operation, use, maintenance, repair, removal,
or presence of Tenant's Antenna Facilities, equipment and related facilities
on the Leased Premises.
(b) Hazardous Materials. Without limiting the scope of Subparagraph lO(a)
above, Tenant will be solely responsible for and will defend, indemnify,
and hold Landlord, its agents, and employees harmless from and against
any and all claims, costs, and liabilities, including attorney's fees and costs,
arising out of or in connection with the cleanup or restoration of the Leased
Premises resulting from Tenant's use of Hazardous Materials. For purposes
of this Lease, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation, asbestos, fuel, batteries or any
hazardous substance, waste, or materials as defined in any federal, state, or
local environmental or safety law.or regulations including, but not limited
to, CERCLA.
(c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased
Premises will not generate and Tenant will not store or dispose of on the
Leased Premises, nor transport to or over the Leased Premises, any
Hazardous Materials, unless Tenant specifically informs Landlord thereof in
writing twenty-four hours prior to such storage, disposal or transport, or
otherwise as soon as Tenant becomes aware of the existence of Hazardous
Materials on th~ Leased Premises. The obligations of this Paragraph 9 shall
survive the expiration or other termination ofthis Lease.
10. Insurance. Tenant must obtain and maintain the below-mentioned insurance. As a
condition of this Agreement, Tenant must provide Landlord evidence of compliance with this
Paragraph 10 prior to the installation of any Antenna Facilities on the Leased Premises and by
January 1 of each year.
(a) Workers' Compensation. The Tenant must maintain Workers'
Compensation insurance in compliance with all applicable statutes. The
policy shall also provide Employer's Liability coverage with limits of not
less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by
disease, policy limit, and $500,000 Bodily Injury by disease each
employee.
(b) General Liability. The Tenant must maintain an occurrence fonh
comprehensive general liability coverage. Such coverage shall include, but
not be limited to, bodily injury, property damage -- broad form, and
personal injury, for the hazards of Premises/Operation, broad form
contractual, independent contractors, and products/completed operations.
The Tenant must maintain the aforementioned comprehensive general
liability coverage with limits ofliability not less than $1,000,000 each
occurrence; $1,000,000 personal and advertising injury; $2,000,000 general
aggregate, and $2,000,000 products and completed operations aggregate.
These limits may be satisfied by the comprehensive general liability
coverage or in combination with an umbrella or excess liability policy,
provided coverage afforded by the umbrella or excess policy are no less
than the underlying comprehensive general liability coverages.
(c) Automobile Liability. The Tenant must carry Automobile Liability
coverage. Coverage shall afford total liability limits for Bodily Injury
Liability and Property Damage Liability in the amount of$I,OOO,OOO per
accident. The liability limits may be afforded under the Commercial Policy,
or in combination with an Umbrella or Excess Liability Policy provided
coverages afforded by the Umbrella Excess Policy are no less than the
underlying Commercial Auto Liability coverage. Coverage shall be
provided for Bodily Injury and Property Damage for the ownership, use,
maintenance or operation of all owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include at least statutory personal
injury protection, uninsured motorists and under insured motorists
coverages.
(d) Tenant Property Insurance. The Tenant must keep in force during the initial
term and any renewals of the Lease a policy covering damages to its
property at the Leased Premises. The amount of coverage shall be
sufficient to replace the damaged property, loss of use and comply with any
ordinance or law requirements.
(e) Hazardous 'Materials Coverage. Tenant must carry sufficient coverage, to
the reasonable satisfaction of Landlord, for damage caused by Hazardous
Materials.
(1) Additional Insured - Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a
Certificate of Insurance issued by a company (rated A+ or better) by Best
Insurance Guide, licensed to do business in the state of Minnesota, which
includes all coverages required in this Paragraph 10. Tenant will name
Landlord as an Additional Insured on the General Liability and
Commercial Automobile Liability Policies. The Certificate(s) shall also
provide that coverage may not be canceled, non-renewed, or materially
changed without thirty (30) days prior written notice to Landlord.
11. Damage or Destruction. If the Leased Premises is destroyed or damaged,
without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its
effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days
written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be
entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to
or destruction ofthe Leased Premises.
12. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease
may be terminated upon sixty (60) days written notice to the other party as
follows:
(i) by either party upon a default of any covenant or term hereofby the
other party, which default is not cured within sixty (60) days of
receipt of written notice of default to the other party (without,
however, limiting any other rights of the parties pursuant to any
other provisions hereof);
(ii) by Tenant for cause if it is unable to obtain or maintain any license,
permit or other governmental approval necessary for the
construction and/or operation ofthe Antenna Facilities or Tenant's
business; _
(iii) by Tenant for cause if the Leased Premises is or becomes
unacceptable for technological reasons including without limitation
shadowing or interference under Tenant's Antenna Facilities,
design or engineering specifications or the communications systems
to which the Antenna Facilities belong;
(vi) . by Landlord, upon 120 days prior written notice to Tenant if its
Council decides, for any reason, to make improvements to the
Leased Premises in a manner inconsistent with continued use of the
Leased Premises by Tenant and/or discontinue use of the Leased
Premises for all purposes (painting and repairs excepted);
(v) by Landlord ifit determines that the Leased Premises are
structurally unsound, including, but not limited to, consideration of
age of the Leased Premises, damage or destruction of all or part of
the Leased Premises from any source, or factors relating to
condition of the Leased Premisys;
(vi) by Landlord if it determines that a potential user with a higher
priority under Subparagraph 6(a) above cannot find another
adequate location, or the Antenna Facilities unreasonably interfere
with another user with a higher priority, regardless of whether or
not such an interference was predicted in the initial interference
study that was part of the application process; or
(vii) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions
attached to government approvals granted thereunder, after a public
hearing before the Landlord's Council.
(viii) by Landlord immediately upon receipt by Tenant of written notice
in the event Tenant cannot provide high-speed internet service as
required under Paragraphs l(a) and 2.
(b) Notice of Termination. The parties shall give Notice of Termination in
writing by certified mail, return receipt requested. Such Notice shall be
effective upon receipt as evidenced by the return receipt, or such later date
as stated in the Notice. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Site Restoration. In the event that this Lease is terminated or not renewed,
Tenant shall have 60 days from the termination or expiration date to
remove its Antenna Facilities and related equipment from the Leased
Premises, repair the site, and restore the surface of the Leased Premises to
the reasonable satisfaction of the Landlord. In the event that Tenant's
Antenna Facilities and related equipment are not removed to the reasonable
satisfaction of the Landlord within 60 days from the termination or
expiration date, they shall be deemed abandoned and become the property
of the Landlord, and Tenant shall have no further rights thereto. If Landlord
removes the Antenna Facilities or related equipment, Landlord must give
written notice to the above entities at the addresses provided, informing
them that Antenna Facilities or related property have been removed and
will be deemed abandoned if not claimed and the storage fees and other
reasonable costs paid within thirty (30) days.
(d) Regardless of the manner of termination, Tenantshall remain responsible
to the Landlord for any unpaid rent as of the date of termination and for
such time as its Antenna Facilities occupy the Leased Premises.
13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as
of right as provided in this Lease, or Landlord causes interruption ofthe business of Tenant or for
any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be
limited to the actual and direct costs of equipment removal, relocation or repair and shall
specifically exclude any recovery for value of the business of Tenant as a going concern, future
expectation of profits, loss of business or profit or related damages to Tenant.
14. Temporary Interruptions of Service. If Landlord determines that continued
operation of the Antenna Facilities would cause or contribute to an immediate threat to public
health and/or safety (except for any issues associated with human exposure to radio frequency
omissions, which is regulated by the federal government), Landlord may order Tenant to
discontinue its operation. Tenant shall immediately comply with such an order. Service shall be
discontinued only for the period that the immediate threat exists. If Landlord does not give prior
notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its
reason for taking the action. Landlord shall not be liable to Tenant or anyother party for any
interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities,
except as may be caused by the willful misconduct of the Landlord, its employees or agents; If the
discontinuance extends for a period greater than three days, either consecutively or cumulatively,
Tenant shall have the right to terminate this Lease within its sole discretion.
15. Tenant Interference
(a) With Lease Premises. Tenant shall not interfere with Landlord's use ofthe
Leased Premises and agrees to cease all such actions which unreasonably
and materially interfere with Landlord's use thereof no later than three
business days after receipt of written notice of the interference from
Landlord. In the event that Tenant's cessation of action is material to
Tenant's use of the Leased Premises and such cessation frustrates Tenant's
use of the Leased Premises, within Tenant's sole discretion, Tenant shall
have the immediate right to terminate this Lease.
(b) With Higher Priority Users. IfTeriant's Antenna Facilities cause
impermissible interference with higher priority users as set forth in under
Subparagraph 6(a) above or with pre-existing tenants, Tenant shall take all
measures necessary to correct and eliminate the interference. If the
interference cannot be eliminated within 48 hours after receiving
Landlord's written notice of the interference, Tenant shall immediately
cease operating its Antenna Facilities and shall not reactivate operation,
except intermittent operation for the purpose of testing, until the
interference has been eliminated. If the interference cannot be eliminated
within 30 days after Tenant received Landlord's written notice, Landlord
may at its option terminate this Lease immediately.
(c) Interference Study - New Occupants. Upon written notice by Landlord that
it has a bona fide request from any other party to lease an area including or
in close proximity to the Leased Premises ("Leased Premises Area"),
Tenant agrees to provide Landlord, within sixty (60) days, the radio
frequencies currently in operation or to be operated in the future of each
transmitter and receiver installed and operational by Tenant on the Leased
Premises at the time of such request. Landlord may then have an
independent, registered professional engineer of Landlord's choosing
perform the necessary interference studies to determine if the new
applicant's frequencies will cause harmful radio interference to Tenant.
Landlord shall require the new applicant to pay for such interference
studies.
(d) Interference - New Occupants. Landlord agrees that it will not grant a
future lease in the Leased Premises Area to any party who is of equal or
lower priority to Tenant, if such party's use is reasonably anticipated to
interfere with Tenant's operation of its Antenna Facilities. Landlord agrees
further that any future lease of the Leased Premises Area will prohibit a
user of equal or lower priority from interfering with Tenant's Antenna
Facilities. Landlord agrees that it will require any subsequent occupants of
the Leased Premises Area of equal or lower priority to Tenant to provide
Tenant these same assurances against interference. Landlord shall have the
obligation to eliminate any interference with the operations of Tenant
caused by such subsequent occupants. If such interference is not
eliminated, Tenant shall have the right to terminate this Lease or seek
injunctive relief against the interfering occupant, at Tenant's expense.
16. Assignment. This Lease, - or rights thereunder, may not be sold, assigned, or
transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties,
this Lease may not be sold, assigned, or transferred without the written consent of the Landlord,
such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or
"subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby
consents to the assignment by Tenant of its rights under this Lease as collateral to any entity
which provides financing for the purchase of the equipment to be installed at the Leased
Premises.
17. Condemnation. In the event the whole of the Leased Premises is taken by eminent
domain, this Lease shall terminate as of the date title to the Leased Premises vests in the
condemning authority. In the event a portion of the Leased Premises is taken by eminent domain,
either party shall have the right to terminate this Lease as of said date of title transfer, by giving
thirty (30) days written notice to the other party. In the event of any taking under the power of
eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and
the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right
or claim to any portion thereof. Although all damages, whether awarded as compensation for
diminution in value of the leasehold. or to the fee of the Leased Premises, shall belong to
Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not
from Landlord, such compensation as may be separately awarded or recoverable by Tenant on
account of any and all damage to Tenant's business and- any costs or expenses incurred by Tenant
in moving/removing its equipment, personal property, Antenna Facilities, and leasehold
improvements.
18. Enforcement and Attornevs Fees. In the event that either party to this Lease shall
bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to recover
costs and reasonable attorneys fees incurred as a result of such claim.
19. Notices. All notices hereunder must be in writing and shall be deemed validly
given if delivered personally or if sent by certified mail, return receipt requested, addressed as
follows (or any other address that the party to be notified may have designated to the sender by
like notice):
Ifto Landlord, to:
City of Saint Joseph
Attn:
If to Tenant, to:
Cloudnet Inc.
26 6th Ave. N.
Suite 110
S1. Cloud, MN 56303-4747
20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or
the Landlord represents to the other party that such individual is authorized to do so by requisite
action of the party to this Lease.
21. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall
extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto.
22. Complete Lease: Amendments. This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other agreements of any
kind. There are no representations or understandings of any kind not set forth herein. Any
modification of or amendment to this Lease must be in writing and executed by both parties.
23. Governing Law. This Lease shall be construed in accordance with the laws of the
State of Minnesota.
24. Limitation of Liability. Nothing in the Lease shall be deemed a waiver of any
limitation of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of
law.
25. Severability. If any term ofthis Lease is found be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LANDLORD: CITYOFST JOSEPH
By
Its
By
Its
TENANT: CLOUDNET INe.
By
Its
STATEOFMINNESOTA )
) SS
COUNTY OF STEARNS )
On this _ day of , 2006, before me, a Notary Public for this
County, personally appeared , to me personally known, who, being by me duly
sworn did say that he/she is the of the City of St. Joseph, a Minnesota municipal
corporation, named in the foregoing instrument, and that said instrument was signed on behalf of
said corporation by authority of its City Council and acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF STEARNS )
On this day of , 2006, before me, a Notary Public for this
County, personally appeared , to me personally known, who, being by me duly
sworn did say that he/she is the . of the City of St. Joseph, a Minnesota
municipal corporation, named in the foregoing instrument, and that said instrument was signed on
behalf of said corporation by authority of its City Council and acknowledged said instrument to
be the free act and deed of said corporation.
Notary Public
STATEOFMINNESOTA )
) SS
COUNTY OF )
On this _ day of , 2006, before me, a Notary Public for this County,
personally appeared , to me personally known, who,
being by me duly sworn did say that he/she is the of Cloudnet,
Inc. and that said instrument was signed on behalf of said corporation by authority of its Board of
Directors and ackrtowledged said instrument to be the free act and deed of said corporation.
Notary Public
EXHIBIT A
"ANTENNA FACILITIES"
EXHIBIT A
"ANTENNA FACILITIES"
One (1) Backhaul Power Supply & Injector
One (1) Category 5 Data Cable Lighting/Surge Protector w/ Associated Jumpers
Two (2) Polyphaser 900 Mhz Coaxial Lightning/Surge Protectors w/ Associated Jumpers
Two (2) Low Loss Bandpass Cavity Filters w/ Associated Jumpers
Two (2) Wa\er"ider CCU Access Points w/ Associated Jumpers
Two (2) Wa\erider CCU Access Point Power Supplies
One (1) UPS Battery Backup
One (1) Surge Protector Outlet Strip
One (1) Copper Grounding Block w/ Associated Copper Ground Lines
One (1) PC for Routing and Management w/ Associated Ethernet Cabling
One (1) 10/100 Auto-Sensing Switch & Power Supply
One (1) 19"Rack Mount Frame/Enclosure for associated equipment
The Backhaul antenna will be pointed toward either St. Cloud or Sauk Rapids. A 180 degree
sector antenna will provide access service off of the tower.
All cabling from exterior tower into Public Works facility will be surge/lightning protected as per
building code and using existing conduit already in place at facility for entrance.
Cloudnet internal equipment is expected to be located in storage area in buildi'ng in loft-storage
area and self-contained in aforementioned enclosure for identification and security.
EXHIBIT B
RATESCHEDlJLE
16
EXHIBIT B
RATE SCHEDULE
Cloudnet Wireless Internet Access Services Detail
(2/20/2006)
Max Data Transfer Email Email and Web
Standard, Accounts Download/Upload Monthly Fee Limits Accounts Storage
Speed
Standard 1.5M/1.5M* $35 Upto 1GB** 5 125MB
Professional Max Data Transfer
Accounts Download/Upload Monthly Fee Limits
Speed
PR0256K 1.5M/1.5M *** $70 Unlimited 15 250MB
PR0512K 1.5M/1.5M *** $95 Unlimited 15 250MB
PR0768K 1.5M/1.5M *** $225 Unlimited 15 250MB
PR01M 1.5M/1.5M *** $300 Unlimited 15 250MB
PROCUSTOM 1 + Mbps**** Quote Only Unlimited 15 250MB
Hardware and Setup Fees
Equipment including EUM (end-user modem)
Equipment including EUM (end-user modem)
$300 (purchase Option)
$5 permonth (lease option)
$100 (month to month contract)
$50 (12 month contract)
$0 (24 month contract)
Account Activation Fee*****
Account Activation Fee *****
Account Activation Fee *****
* Best available speed class of service, not guaranteed.
**Additional data transfer on standard accounts: $3.00 per GB.
***Professional Accounts have quality of service settings which identify and prioritize their level of service
over Standard accounts. Professional Account speeds are service minimums with transfer speeds up to
1.5Mbps send and receive as best available class of service not guaranteed.
**** PROCUSTOM accounts are available via a point to point wireless service by custom quote only as
additional charges and/or equipment may be required. .
*****Additional installation Charges may apply depending on service location and site characteristics.
Cloudnet will provide a detailed installation specification definition and services proposal based upon your
specific requirements as required.
Budget and Standard Wireless Account Service Features:
. Up to 10 hoursof Cloud net dial-up access per month free! (a $10 per month value!)
. Free email filtering for virus and spam. (a $7 per month value!)
. Optional Static IP service @ $10 per IP
. Account Activation fee of $50 with a one year commitment or waived with a two year.
. Cloudnet's fast, friendly and free local technical support!
Professional Wireless Account Service Features:
. Single Static IP included. Additional Static IP service @ $10 per IP
. Up to 250MB of disk space for a web site.
. Up to 150 hours of Cloudnet dial-up access per month free! (a $20 per month value!)
. Up to 15 @Cloudnet.com email addresses. (Additional addresses available)
. Free email filtering forvirus and spam (a $30 per month value!)
. Up to 2 hours per year (with multi-year contract) of Cloudnet Professional
consulting/professional service for installation, change or'conversion assistance (a $200
value per year!).
. Account Activation fee of $75 with a one year commitment or waived with a two year.
. Cloudnet's fast, friendly and free local technical support!
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CITY OF ST. JOSEPH, MINNESOTA
$3,575,000
GENERAL OBLIGA nON WATER REVENUE BONDS, SERIES 2006A
PIPER JAFFRAY (KANSAS CITY, MO) (AMBAC INSURED)
CRONIN & CO., INc. (MINNEAPOLIS, MN) (AMBAC INSURED)
WELLS FARGO BROKERAGE SERVICES (MINNEAPOLIS, .MN)
4.3145%
4.3186%
4.323%
42906
CITY OF ST. JOSEPH, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS OF 2006, SERIES C
:::::H:::::~::mmHm::::~:~m~:~ H:$~~ij:~~m~.~:::::::::::::~:~:~:::::::::~:::::::::::::::~: ::::::: :::::::::::: ::::~:::~::U::R~~!]I~:$().!]If~~$:::::::::::::::::i::::: :::::::::: :i:::::::::::::iC.'1::f~w::::::::::::::
Storm Water,
Final Total Statutory Water & Special Annual
(12-1) Interest Debt 5.00% Cap. Sewer Assessment Tax Surplus! Cumulative
Year Principal Rate Interest Pavment Coveraqe Interest Revenues Income Lew Deficit Balance
2006 0 0.000% 48,784 48,784 48,784 97,569 0 5,886 0 54,670 54,670
2007 120,000 4.000% 97,569 217,569 228,447 30,000 149,102 55,000 5,655 60,325
2008 125,000 4.000% 92,769 217,769 228,657 30,000 144,394 58,000 3,737 64,062
2009 130,000 4.000% 87,769 217,769 228,657 30,000 139,685 61,000 2,028 66,090
2010 135,000 4.000% 82,569 217,569 228,447 30,000 134,977 64,000 530 66,619
2011 135,000 4.000% 77,169 212,169 222,777 30,000 130,268 67,000 4,491 71,110
2012 145,000 4.000% 71,769 216,769 227,607 30,000 125,560 70,000 -2,047 69,063
2013 150,000 4.000% 65,969 215,969 226,767 30,000 120,851 73,000 -2,916 66,147
2014 155,000 4.000% 59,969 214,969 225,717 30,000 116,143 76,000 -3,574 62,573
2015 160,000 4.125% 53,769 213,769 224,457 30,000 111 ,434 81,000 -2,023 60,550
2016 170,000 4.125% 47,169 217,169 228,027 30,000 106,726 84,000 -7,301 53,248
2017 175,000 4.125% 40,156 215,156 225,914 30,000 102,017 87,000 -6,897 46,352
2018 180,000 4.250% 32,938 212,938 223,584 30,000 97,309 90,000 -6,276 40,076
2019 190,000 4.250% 25,288 215,288 226,052 30,000 92,600 93,000 -10,452 29,624
2020 200,000 4.250% 17,213 217,213 228,073 30,000 87,892 94,000 -16,181 13,443
2021 205,000 4.250% 8,713 213,713 224,398 30,000 83,183 98,000 -13,215 228
2,375,000 909,578 3,284,578 3,446,368 97,569 450,000 1,748,028 1,151,000 228
A$$~$m~i#:i~~b.m.~:::::::::::::::i:::~:::::::::i:::::::::::::::::::::::::::i
:AP.P~~t!P":9.f~F!]I~~:::::::::::~::::::::::::::::H::::::::: ::~:::::: ::::::: ::::::::: :i::::
2,218,214
o
2,218,214
2006 Improvement Project (A)
Less: City Cash Contribution
Total Hard Costs
Add: Issuance Expenses
Underwriter's Discount @1.2131%
Unused UIW Discount
Capitalized Interest (12 Months)
Financial Advisory Fee
Est. Bond Counsel
Est. County Auditor Fee/O.S. Printing
Est. Rating Fee
Registration (One-Time Fee)
Total
Less: Investment Income
28,811
2,064
97,569
19,500
6,000
850
5,300
6,220
2,384,528
-9,863
Est. Amount of Assessments:
Percentage of Issue Assessed:
Interest Rate on Assessments:
First Installment Collection:
Number of Annual Installments:
Start Date of Assessments:
$1,177,123
49.56%
6.00%
2007
15
11/30/2006
Signal Light
Street/Alley Costs
Sanitary Sewer Costs
Watermain Costs
Storm Sewer Costs
Forcemain Relocation Costs
Alt. 1: 4th Ave. Sidewalk
Alt. 2: Alley Water/Storm Sewer
Est. Engineering Fees
:~d::inJ~riW~:::::i::::::n::::::::::::~:~:::::::H::::::::::::::::::::::::::i:::::::::::::i:::::::::::::::::::::H ~:~~~:~~:~~:~t Costs:
:~@$.~~p'r,~m.Ht:M~~t:g:iiija~~.~;:t~S::i:::::
200,000
721,752
350,181
205,546
198,066
39,140
15,269
46,977
283,682
157,601
2,218,214
Rounded For Issuance
112,375,00011
Bonds Dated:
Bonds Mature:
Interest Payments:
Call Option:
Registrar/Pay Agent:
Purchase Price:
Average Coupon:
Net Effective Rate:
Bond Sale Date:
Bond Closing Date:
Bond Counsel:
........... ............ ....
.. ........ ............. -,-
6/1/2006 :?/V:<<><::::=:::;:::;:::<<
12/1/07 Through 12/1/21
12/1/06 & Semiannually Each 6/1 & 12/1 Thereafter.
Callable 12/1/2013 @Par Plus Accrued Interest.
Northland Trust Services
$2,346,189
4.1547%
4.2864%
May 18, 2006.
June 13, 2006.
M~H{W~.tsMgra.'\?:t~Northland Securities, Inc. Dated: 5/18/2006
~
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
42906
CITY OF ST. JOSEPH, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS OF 2006, SERIES C
Assessment
Principal
o
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
78,474.86
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Estimated Estimated
Interest Assessment Assessment Interest Assessment
6.00% Income Principal 0.00% Income
5,886 5,886 0
70,627 149,102 0.00
65,919 144,394 0.00
61,210 139,685 0.00
56,502 134,977 0.00
51,793 130,268 0.00
47,085 125,560 0.00
42,376 120,851 0.00
37,668 116,143 0.00
32,959 111,434 0.00
28,251 106,726 0.00
23,542 102,017 0.00
18,834 97,309 0.00
14,125 92,600 0.00
9,417 87,892 0.00
4,708 83,183 0.00
1,177,122.90
570,905 1,748,028
0.00
o
o
:::::::::::::: ::::::::::: ::::::::::: :::: ::::::::: ::::::::::::::: :::::::::::::::::::: ::lax:lmpaet:Arialv$i$::: :::: :::::::::::: ::::::::::::: :::: :::::::::: ::::::::::::: ::: ::::::: ::::::::: :::::::
Annual Tax Residential Market Value
Est. Tax Capacity Capacity $100,000 $150,000 $200,000
Tax Value Incr. Rate Net Tax Capacity
Year Lew 5.00% Increase $1,000 $1,500 $2,000
2006 0 2,198,826
2007 55,000 2,308,767 2.38% 23.82 35.73 47.64
2008 58,000 2,424,206 2.39% 23.93 35.89 47.85
2009 61,000 2,545,416 2.40% 23.96 35.95 47.93
2010 64,000 2,672,687 2.39% 23.95 35.92 47.89
2011 67,000 2,806,321 2.39% 23.87 35.81 47.75
2012 70,000 2,946,637 2.38% 23.76 35.63 47.51
2013 73,000 3,093,969 2.36% 23.59 35.39 47.19
2014 76,000 3,248,667 2.34% 23.39 35.09 46.79
2015 81,000 3,411,101 2.37% 23.75 35.62 47.49
2016 84,000 3,581,656 2.35% 23.45 35.18 46.91
2017 87,000 3,760,739 2.31% 23.13 34.70 46.27
2018 90,000 3,948,776 2.28% 22.79 34.19 45.58
2019 93,000 4,146,214 2.24% 22.43 33.65 44.86
2020 94,000 4,353,525 2.16% 21.59 32.39 43.18
2021 98,000 4,571,201 2.14% 21.44 32.16 42.88
1,151,000 Average Annuallncr. $23.26 $34.89 $46.51
Average Monthly Incr:
$1.94
,$2.91
$3.88
Monte Eastvold, V.P., Northland Securities, Inc. Dated: 5/18/2006
MAY-18-2006 11:58
PIPER JAFFRAY
9133453294
~ANrY BiLl J;'Olul
~~70~~Q!..~~1~~~~i]
F-iper Jaffray .. Kansas City t "'O's Bid .:fIJIR,'r".'.
stJoseph
$2,3751000 General Obligation Improvement Bonds,
Series 2006C
::or the aggr~ate principal amount of $2,375,000.00, we will pay you $2,346,188.85. plus
ilOCrued interest fram the date of issue to the date of delivery. The Bonds are to bear interest
at the following rate(s):
Maturity Date Amount $ Coupon %
12/0112007 120M 4.0000
12/0112006 125M 4.0000
12101/2009 130M 4.0000
12101/2010 135M 4.0000
12/0112011' 135M 4.0000
" .
1210112012 145M .' "4.0000
12/0112013 150M 4.0000
12/0112014 155M 4,0000
12/01/2015 160M 4.1250
12/01/.2016 170M 4.1250
12101/2017 175M 4.1250
W01/!l~
12/01l20J 9 370M 4.2500
j2l01/.2020
12f01/20~1 405M 4,.z~OO
AM BA-L .L-..
Total Interest Cost: $909,578.13
Discount: $28,611.15
Net Interest Cest: $938,369.28
TIC: 4.314595
Time Last Bid Received On:05/181200610:56:34 COST
This proposal is made subject to all of the terms and conditions of the Official Bid Form, the
Official Notice of Sale, and the Preliminary Official Statement, all of which are made.a part
hereof.
Bidder: Pip~r Jaffray, Kansas City, MO
Contact: Joyce Chansy
Title: Managing Direc~or
TelephQM~913-345-3260
Fax: q 13 ~ 3 'f S- 3;l., q ~
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5~ ) 'O-6?o D.ate: 1: ~(J'~ tJ (c;
Issuer
Name:
City of 5i Jcseph
Oa~a:
P.01/01
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TOTAL P.01
l1AY-f7-2006 WED 10:34 AM McDOWALL COMPANY
FAX NO. 3202519317
P. 01/02
McDOWALL COMPANY
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FACSIMILE TRANSMITTAL SHEET
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FROM:
Mike Illies
DATE:
5/17/2006
'I'D:
Jim M~1tthal\~f
.........-~......~......,"'.,.,....,----"'---.-
COMPANY:
City of St. Joseph
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FAX NUMnm~;
363--7fl6:;
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TOTAL NO. OF PAGES INCLUDIN(1 COVEn;
2
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w\,~ proPOf;t; to furnish and inslalllabor and materials for a 60mil Ballasled EPDM roof for the dty (If 81..
Josephs' Pump Station on highway 75 in St. Joseph, MN:
gr.,:,rU9..(incllju~~
.. Remove the existing hallast, EPDM membrane and sheet meta] edge and dispose of properly
'" In.stall woodwork at the perimeter to accommodate the new insulation hdght. (McD()wal1
Company is installing tapered insulation to help move water off the roo1)
. IrlRt~'\1l a tapered EllS insulation system over the existing insulation to move water to the
scupper:;:
. r11&1nll u Carlisle 60mB EPDM .'loose laid" hallasted single ply membrane roof system
" Install 0.11 required Carlisle roor accessories such as splice cleaner, splicing cement, b{)Ilding
adhesive Imd caul kings.
. Provi~c and install all required Carlisle flashing materials such as pipe boots, curb llashing,
ctc.. .
. Install EPDM membrane over the perimeter woodwork Ibr a watertight detaH.
. Install %" to 1 W' rlia rounded roof ballast at a rate of 10lbs per square foot
. Fahricatc and install new 2-picce 24ga pre-iinished metal roof edge at the perimeter of the roof
(Color chosen from manufacturers standard color chart)
~ l.;'llbricaL~ and install 24ga galv sheet metal counter flashing at curbs as need cd
. Fabricate and install two (2) new scupper with downspouts on the north side of the building
(Color chosen from manufacturers standard color chart)
. Clean up and dispose of a.llr(IOfing debris in n proper landfill
. Include)) u 15yr manufactures labor and material warranty
. IncluJes all neccsst:uy permits for the fOoling portion of this job
TO RI(:..ROOll' TIn: ARI:A AS J)ESCRIBEll ABOVE WE QUOTE THE 811M OF ..~U.~HT
THOt1SA.NO li'OlJR HUNDRED EIGHTY EIGHT DOI..4I~ARS~"'!
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..
~AY-17-2006 WED 10:34 AM McDOWALL COMPANY
FAX NO. 3202519317
P. 02/02
Ql).(Jt~ includes all taxes.
If any damfigC<.l~ rotted or deteriorated decking/blocking or insulation arc found and hl need of
. rcplQccmcnt, this w<.)rk would be-done on a time and material basis in addition to the above sUJn. The
nwncr will be notified and pictures will be taken showing the m~licrial replaced.
All work will ht~ d<me by experienced mechanics that arc covered by workers' compensation, completed
opertltions~ and lillbH1ty insurance.
Jfyou have f1tly que~tions, please feel froe to call. If you would like to proceed with the above work sign
and ,kIte this fax and return it to McDowaU Company so we can get you on fhe schedule-
'I htmk Yau
AI.~ccpu:~d By;......___._ ".~._J~."
Datc:~,.___..~_
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2720 S 1.:112 STREET ~ POBOX 1244 - 81' Cl,OUD, MN 56302
~......'-"
PHONE (320) 251..8640 FAX (320) 251--9317
P.O. Box 1482
St. Cloud, MN 56302
Office: (320) 253-4441
Fax: (320) 253-8990
RECEIVED
'v1AY 1 0 2006
CITY OF ST. JOSEPH
May 9, 2006
City of St. Joseph
25 College Ave. North
PO Box 668
81. Joseph, MN 56374-0668
A TTN: Mr. Jim Marthaler
RE: Re-RoofingWaste Water Building
Per your request, we submit the following for your consideration and approval.
1) Remove existing sheet metal, rock and membrane and dispose of in a legal manner.
2) Install new 4" X 4" wood cant at perimeter to accept new tapered insulation system for positive
drainage.
3) Install new .060 Carlisle EPDM membrane with all accessories for a complete roof system.
4) Install new 24 gauge pre-finished sheet metal in Standard Color at gravel stop, fascia, scuppers,
and down spouts and counter flashings.
5) Install new river washed rock over EPDM membrane.
6) Leave area clean of dirt and debris.
7) Our price for the above work complete, including labor, material, and sales tax is~
8) Payment is due and payable within thirty (30) days after completion.
9) We guarantee new roofing for two (2) years against defective material and workmanship.
10) Proposal includes manufacturer's fifteen (15) year "NDL" on labor and material.
ALL WORK INVOLVED WITHIN THIS PROPOSAL IS COVERED BY WORKMEN'S
COMPENSATION, PUBLIC LIABILITY, PROPERTY DAMAGE, PRODUCTS LIABILITY,
AND COMPLETED OPERATIONS INSURANCE.
Granite City Roofing shall not be responsible for pre-existing code violations. Additionally, our price
is conditioned upon acceptance of the specification by the appropriate public building official.
We have included the cost of the "City of St. Joseph" building permit in this proposal.
NATIONAL
ROOFING
CONTRACTORS
ASSOCIATION INSIST ON A PROFESSIONAL ROOFING CONTRACTOR
Aft
D\
MlDWEStl!OOflNG
CONTRACTORS
MSOCIA1lON.INC
..
..
PAGE 2
CITY OF ST. JOSEPH, WASTE WATER BLDG.
MAY 9, 2006
Upon your acceptance of this proposal, please sign the enclosed copy and return to us.
ACCEPTED BY:
DATE:
Thank you for giving us the opportunity to furnish an estimate on this project.
If you have any questions, please do not hesitate to call.
Sincerely,
GRANITE CITY ROOFING, INC
~
Charles O'Neill
Enclosure
CEO/kmo
32
5/16/06
Dear 51. Joseph City Council members,
On behalf of the St. Joseph Area Chamber of Commerce, the Newsleaders is requesting to obtain a digital copy of the
Joseph city map compiled by engineers Short Elliott Hendrickson.
The map would be used as part of the St. Joseph Complimentary Guide (the Visitor's Guide) and display logos of vari(
businesses where they are located so residents and area visitors can find these businesses to patronize.
The Chamber also asks permission to use the city's map in a full-version 18" x 24" map. Roughly 5,000 maps will
printed to be utilized by area businesses for visitors and newcomers. Advertising will be sold in order to offset the c
of production.
Thank you for your consideration. We look forward to hearing from you.
Sincerely,
u~~~
J nelleVon Pinnon
Publisher/CEO
Newsleaders of St. Joseph, Sartell, Waite Park and East Side
~~
Jane Litchy
President
St. Joseph Area Chamber of Commerce
800-386-2261 · 320-363-7741 · 320-363-4195 (fax)
advertising@thenewsleaders.com