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HomeMy WebLinkAbout2006 [07] Jul 06 {Book 37} Administrdtor ludy Weyrens Mdyor Richdrd Cdrlbom j Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityolstjoseph.com St. Joseph City Council July 6,2006 7:00 PM 1. Call to Order 2. Approve Agenda 3. Consent Agenda a. Minutes - Requested Action: Approve the minutes of May 18, June 1 and June 15, 2006. b. Bills Payable - Requested Action: Approve check numbers 037437- 037535. c. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #1 for the 2006 Street Improvement Project and authorize payment to Northern Escrow Inc clo C & L Excavating in the amount of $180,177.24. d. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #4 for the Water Treatment Plant and authorize payment to John T Jones in the amount of $562,077.42. , e. Temporary Outdoor Music/Liquor Permit - Requested Action: Authorize the Mayor and Administrator to issue a Temporary Outside Music/Liquor Permit for the Stonehouse Tavern for events to be held on July12, August 9, and September 13, 2006 contingent upon no noise violations after each event. f. Development Agreement Amendment - Requested Action: Authorize the Mayor and Administrator to execute the Developer Agreement Amendment for Northland Heights. g. SEH Contract - Requested Action: Authorize the Mayor and Administrator to execute the contract between SEH and the City of St. Joseph for engineering services. 4. Public Comments to the Agenda 5. 7:00 PM Public Hearing - 8th Avenue NE Improvements 6. Engineer Reports a. 2006 Seal Coat Quotes 7. Mayor Reports 8. CounCil Reports 9. Administrator Reports 10. Adjourn 2'1 College Avenue North' PO Box bb8 . Sdint. joseph, Minnesotd '1b'l74 Phone )2.0..,b".7201 FdX )2.0..,b.,.0142 St. Joseph City Council July 6, 2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 2. 3. 4. " "~h ,j ,.1 ~I ",.",,"', -' , ,.(.(,t~vA7../ -2t/~, ~??'7 ..;:;;- " c?/~ ,/?,A- ~/J1~ ~ 10'\'1'\ ~ vS I~ ' all tlo I €. ~ " /,l/' '7 ' ", " ~, [d" .. " . /,;~(1Y/?//1;If:r/ (f/dp( {b/ l ~,/. ,( //'WJA'/\' ,',( ,It.. , : ( r/ 1. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ADDRESS ~. /;:6- J~o/4- /( Ie /< ," M.J }\-. -/ //1" /" /( DRAFT May .18, 2006 Page 1 of 9 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, May 18, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Ross Rieke, Renee Symanietz, Dale Wick. Administrator Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf, City Attorney Sarah Smith-Larkin, City Building Official Ron Wasmund, Police Chief Pete Jansky, Officer Dan Maagard others Present: Monte Eastvold, Phil Welter, Brian Shorten, Mary Karlsson, Maren Oren, Richard Schwegel, Tom Stock, Sandy Scholz, Frank Osendorf Approve Aoenda: Wick made a motion to approve the agenda with the following changes: 3c Remove the La Playette from the list of liquor licenses to be approved. Roofing - Sewer Plant Mapping Request from the Chamber Add 17b Add 17c The motion was seconded by Rassier and passed unanimously. Consent Aoenda: Symanietz made a motion to approve the consent agenda as following with the proper changes made to the minutes of April 20, 2006. a. Minutes - Approve the minutes of April 6 & 20, May 4,9,15,2006. b. Bills Payable - Approve check numbers 037240-037319. c. Liquor Licenses - Approve the annual liquor licenses to include On-Sale Intoxicating, Off-Sale Intoxicating, Wine and Club Licenses. d. Assessor Agreement - Authorize the Mayor and Administrator to execute an agreement for Assessor Services between the City of St. Joseph and Stearns County. e. 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. f. Reserve Officers - Authorize the Police Chiefto add five additional reserve officers. g. Safe & Sober Program - 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 - Authorize the 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 - Authorize the execution of the resolution approving the . outdoor event for the St. Joseph Parish 4th of July Celebration. The motion was seconded by Rassier and passed unanimously. Public Comments to the Aoenda: No one present wished to speak. DRAFT May 18, 2006 Page 2 of 9 Oath of Office: Chief Jansky approached the Council to introduce Dan Maagard as the new full- time police officer. He stated that it was a long search, but is confident Magaard will not only fit in with the department but the Community as well. Rassier made a motion to approve the hiring of Dan Maagard as a Police Officer for the City of St. Joseph. The motion was seconded by Symanietz and passed unanimously. Weyrens administered the Oath of Office to Maagard. 2006 Street Improvement Proiect Bond Sale: Monte Eastvold approached the Council with the results of the bids for the 2006 Street Improvement Project Bond Sale. He stated that they received the following three bids: Piper Jaffray Cronin & Co, Inc Wells Fargo Brokerage Services 4.3145% 4.3186% 4.323% Eastvold explained that the revenue source for the bond issues a combination of Water and Sewer Revenues, Special Assessment Income and Tax Levies. Rassier made a motion to execute the resolution authorizing the bond sale to Piper Jaffray. The motion was seconded by Wick and passed unanimously. St. Joseph Action Group: Phil Welter approached the. Council representing the St. Joseph Action Group. He stated that they are presenting the Council with the 2nd of 5 petitions opposing the Field Street Corridor. Thus far, they have 345 signatures of citizens opposed to the project. The remaining three petitions will be submitted as they are completed. Rental HousinQ Update: Ron Wasmund, Building Official, presented the Council with an update on the Rental Housing Program. Wasmond stated that his office in conjunction with the City staff is in the process of mailing the rental license renewal applications. In 2005, 130 rental licenses were issued for 419 dwelling units. The inspection process included 385 hours of inspection and office work. According to Wasmund, there was a significant failure rate of 89%, which resulted in the need for re-inspections. Wasmund stated that, in the past, they only billed the city for inspection time rather than administrative time. The City was billed $17,750 for rental inspection services, however the revenue received only amounted to $11,870. For 2006, Wasmund stated that he hopes the process goes quicker. The process will remain the same and the owners will receive an inspection checklist that they can use as a guide to make sure that the property is in good condition before the inspection. Wasmund stated that this year the re-inspection fee will be implemented and that information will be included in the application material mailed to each applicant. Rassier stated that he would like to see a list of what types of items have resulted in the failure rate. Carlbom questioned if therental inspector is the same as last year. Wasmond stated that Gary Utsch will be the inspector again. Carlbom stated it was his understanding that as Utsch is the Chair of the Planning Commission he would not be performing work for St. Joseph. Rassier stated it was his understanding that Utsch would continue to perform rental-housing inspections, but would not perform building inspection services. Weyrens clarified that Utsch steps down from his position as chair whenever an Interim Use Permit is considered. DRAFT May 18, 2006 Page 3 of 9 SRF Update: Brian Shorten and Mary Karlsson were present at the meeting to give a Corridor Study Update. Shorten stated that focus group meetings have been held and the Corridor Advisory Committee (CAC) has also met. That committee consists of the following City representatives: . Renee Symanietz, City Council . Joe Bettendorf, City Engineer . Judy Weyrens, City Administrator . Dick Taufen, Public Works Director Corridor Vision and Design Criteria Shorten stated that study area for the easUwest North Corridor contains two components, the first the realignment of CR 2 to CR 75 and the second area continues North across CR 75 and then easUwest to Ridgewood Road. The first component is a County project and the proposed design includes the immediate construction of a two-lane rural road. Eventually the road would be expanded to a four-lane. With regard to the rural street section, Bettendorf stated that a rural design would allow the road to be constructed at a lower cost initially. As the road is expanded the design can merge into an urban street section. Rassier suggested that the initial construction include .the construction of the outside lanes with the middle section added at a later time. Bettendorf stated that as this is a County Road, he could provide the County Engineer with the comments of the City Council. The second section of the street is North of CR 3, running east and west eventually connecting with Ridgewood Road in St. Cloud. Shorten stated that the road will have a design accommodating 45-55 mph traffic. In reviewing the design criteria, the CAC is recommending the street design include a four lane divided roadway with a center median. Due to the amount and speed of traffic, the CAC is also recommending the design include a separated 10' trail for pedestrian traffic. Weyrens stated that members of the Park Board are in attendance at this meeting to discuss preferences for trail location and if the Park Board has discussed trail location on the northern section of the City. Dale Wick, speaking on behalf of the Park Board stated that the Board agrees with a separate trail and encourages the same whenever possible. Shorten stated that a separate path is desirable when anticipated traffic includes high traffic volumes including truck traffic. Carlbom questioned whether the Park Board is focused on trails along major roads or simply within neighborhood communities to which Wick responded the Park Board plans trails City wide. The council reached a consensus that the bike trail should be separate from the roadway. Carlbom stated that he is concerned with the truck traffic in the City, as trucks will generally go where there is less traffic. If the traffic is heavy along CR 2, they will continue to go through the City. Wick questioned the differences between a rurai and an urban roadway. Bettendorf replied that for a rural roadway requires additional ROW to allow the construction of ditches whereas urban streets include the additional cost for curb and gutter. Carlbom added that, in his opinion, it would not make sense to build a 2-land roadway in 2009 and then re-construct it to a 4-land roadway in 2015. According to Rassier, he would prefer to see a 4-land roadway, as it would look like a finished project. Based on the Council discussion, Carlbom asked Bettendorf to continue to meet with the County and bring forward the concerns of the Council. DRAFT May 18, 2006 Page 4 of 9 Roundabout Intersection at CSAH 21Minnesota Street Mary Karlsson, SRF, addressed the Council about the possibility of a roundabout at the intersection of CR 2 and Minnesota Street. She began by stating that roundabouts are a change and there are appropriate situations for their use and other situations that may not be appropriate. If a roundabout were to be used at the above stated intersection, a 2-lane roundabout would be required at full build-out. Potentially, there could be five roadways using that roundabout. They include: . Leaf Road . CSAH 2 . Minnesota Street . Field Street . 1-94 According to Karlsson, 2-lane roundabouts are less pedestrian friendly. There is also a conflict if using traffic signals near the. roundabout. Karlsson stated that she needs the Council to determine which type of controlled intersection is desired for the City. According to Carlbom, he has no preference to which design is used; however he would like to see an intersection, which would allow for easy access to Minnesota Street. Rassier stated that he does not like the idea of a 2-land roundabout and that a 4-way intersection would be much more workable. Purpose and Need-Based Alternatives Evaluation Karlsson advised the Council that the CAC met and reviewed 11 different alternatives for the North Corridor and CSAH 2 Realignment. They include the following: . 4 alternatives - These alternatives would extend from existing CSAH 2/Minnesota Street to CSAH 75 and are being referred to as CSAH 2-South. . 4 alternatives - These alternatives would extend from CSAH 75 to existing CSAH 2 north of the City. These alternatives would link CSAH 2-South to the North Corridor and are referred to as CSAH 2-North. . 3 alternatives - These alternatives would extend east from CSAH 2-North to Rolling Ridge Road in St. Cloud and are being referred to as the North Corridor. Based on several discussions amongst the CAC and an evaluation of alternatives, the CAC is recommending that 5 of the alternatives be considered in the preliminary design phase. . CSAH 2-South (2 of 4) . CSAH 2-North (1 of 4) . North Corridor (2 of 3) Carlbom stated that he is concerned with the truck traffic. Wick questioned the connections with CR 2, 3, and 133 and whether or not they would need to realign CR 3 at CR 75. Karlsson stated that those details have not yet been discussed and will be reviewed during the design process. Carlbom questioned whether or not there has been any public input on these alternatives to which. Shorten explained that they were all shown as possible alternatives. at the focus group meetings and public input sessions. He also stated that the results of their technical evaluation were very similar to the recommendations based on citizen input. DRAFT May 18, 2006 Page 5 of 9 The Council stated that they were in consensus for SRF to move forward with the design process based on the information that was provided. La Plavette Liquor Violation: On April 22, 2006, the La Playette received an alleged liquor violation for minors in the establishment after 9:00 PM. Initially, the owners requested an evidentiary hearing for the alleged violation and since that time they indicated that they did not want to continue with the evidentiary hearing, rather they wanted to discuss the fine. Rassier made a motion acknowledging that a liquor violation did occur on April 22, 2006. The acknowledgement is based on the fact that the owner has denied the request for an evidentiary hearing admitting that a violation did occur. The motion was seconded by Wick and passed unanimously. Weyrens stated that based on -the established liquor matrix and the past 12-month history of the La Playette, they would have three aggravating factors resulting in a $1,000 fine and a 5-day suspension. Wick made a motion to follow the Liquor Matrix and impose a $1,000 fine and a 5-day suspension for the license held as Ace's Place d/b/a La Playette. The motion was seconded by Rassier. Maren Oren approached representing the owner/liquor license holder (Dave Aistrup) of the La Playette. She stated that Aistrupcould not attend the meeting and she would be happy to answer any questions of the Council. Rassier Oren if she knew why Aistrup decided to drop the evidentiary hearing after all of the paperwork had been completed. Oren stated that she was unsure why it was dropped. Oren stated that on the evening of April 22, 2006 there was a bouncer at the back door; however he stepped away for a short time and upon his return he noticed that the door was open. He had locked the door before he stepped away. That same bouncer is the one who let the police enter the bar. Oren stated that signs are posted that state that no minors are allowed in the bar after 9:00 PM. Although the minors tested positive for alcohol consumption, the alcohol was not purchased in the La Playette. Sarah Smith-Larkin, representing the City Attorney, stated that this is not an evidentiary hearing, and thus anything that is said cannot be considered as a motion was already made stating that the violation did occur. Rieke questioned whether or not the City has incurred costs such as additional staff time or legal expenses, and whether the deposit required covers such expense. City Attorney Larkin stated that the City received a $500 deposit to cover those costs. Under the liquor matrix the clause for the evidentiary hearing states "The liquor license holder shall have the right to request an evidentiary hearing to contest an alleged violation. The request for hearing must be received by the City Administrator within 7 days of the alleged violation and the request must include a $500.00 deposit. In the event the evidentiary hearing .finds in favor of the liquor license holder, the $500.00 deposit will be returned. "Weyrens stated that the intent of the deposit for the evidentiary hearing is to avoid having liquor license owners requesting the hearing and then dropping their request. Smith-Larkin clarified that the license suspension will begin on Friday, May 19 and reinstated May 24, 2006. The license is only reinstated upon submission of the fine imposed by the Council. DRAFT May 18, 2006 Page 6 of 9 The motion passed unanimously. Symanietz questioned what would happen if another violation were to occur, as there are no more entries on the matrix. Smith-Larkin stated that the Council would need to review any further violations and determine sanctions based on the violation. St. Joseph Parish - Flaq Reauest: Weyrens stated that the City has received a request from the St. Joseph Parish to display St. Joseph Parish flags during their sesquicentennial celebration. As the St. Joseph Legion displays the American Flag from Memorial Day to Labor Day, Weyrens requested the parish contact the Legion inquiring if they would be willing to share the use of the flag poles. The same situation arises with the College of St. Benedict as they also display CSB flags for certain events. St. Joseph parish representatives Richard Schwegel, Tom Stock and Sandy Scholz were present to speak on behalf of the parish. Scholtz presented a sample of what the flag and stated that she has contacted the St. Joseph American Legion and they agreed to removing 14 American Flags so the parish could use the flag poles. She further stated that it is fhe intent of the Parish to display the flags for the year of the celebration. Weyrens stated that the Parish must provide the city with a certificate of insurance granting indemnity and agree to repair any damage to the light poles as a result of the parish flags. Wick made a motion to authorize theSt. Joseph Parish to display parish flags during their sesquicentennial celebration contingent upon submittal of the required insurance certificates. The motion was seconded by Symanietz and passed unanimously. Rassier urged the representatives from the parish to work with the College and the Legion to coordinate times when the flags can be displayed. St. Joseph Parish - Outdoor Event Update: Weyrens advised the Council and the representatives from the parish that the outdoor event was approved earlier in the meeting under the consent agenda. Scholz advised the Council that they provided the City with the insurance certificate as required. Weyrens stated that they would still need to work with the Stearns County Engineer, Mitch Anderson, to draft an agreement for the use of CR 121 since it is a County Road. Downtown Committee: Carlbom advised the Council that the Downtown Committee has been working on a revitalization project for the downtown for the past 12 months. The Committee recognizes that a revitalization project is not a short term project. I'n fact, they estimate the project will expand over a fifteen-year period. The goal of the committee is to develop a strategic plan to ensure that St. Joseph's unique character is preserved as the community grows. They want to keep the downtown area pedestrian friendly and create a downtown in which small businesses can thrive. Carlbom also stated that the Downtown Revitalization Plan would be posted on the City's Website in an effort to promote the plan. He also clarified that the project will be a community project. That is, once the project is started members of the Community would implement the plan. To manage the plan four work groups will be formed. The groups are as follows: 1. Urban Environment Group - To preserve the character of St. Joseph today and long- term. DRAFT May 18, 2006 Page 7 of 9 2. Promotions Group - To promote the strategic plan and work with the local entities on city events. 3. Resource Development Group - To go for resources from private/public entities (grants, etc). 4. Organizational Group - To work with Civic and Community Leaders. At this point in the project, the committee has not asked the City for any money; however they may ask the City for some money for a market study at a later date. Overall, Carlbom stated that they plan to make downtown St. Joseph a destination area rather than an event area. He stated that there is unanimous support for the project from the EDA. Symanietz made a motion to approve the Downtown Revitalization Plan as presented. The motion was seconded by Wick and passed unanimously. POLICE CHIEF REPORTS Quarterlv Report: Chief Jansky approached the Council to give a brief overview of Police Department activity. Jansky stated that the department has seen activity increase over the past months. The following is a summary of calls for the first four months. January 164 calls February 141 calls March 188 calls April 270 calls Jansky stated that as it gets warmer outside, their department gets busier. He stated that the number of forgery and fraud related calls has increased as well as Internet fraud and theft. He , stated that he would continue to provide the Council with a quarterly, semi-annual and annual report of their activity over a 3-year period. Jansky stated that the Council would be receiving the report in their council packets. Other Updates: . Dan Maagard is the new full-time officer. . They plan to have the new group of reserve officers on board by 4th of July. . Jansky stated they plan to start the search for sergeant internally within the next month. . They also plan to begin the search for a part-time officer very soon. . The new patrol cars are in and they have a new color scheme and new graphics. MAYOR REPORTS Ride-a-lonQ ProQram: Carlbom reported that he rode with Chief Jansky on Friday night during senior farewell. He thought the officers handled themselves very well. He also thanked the Stearns County Sheriff's Department and Minnesota Highway Patrol for providing backup assistance. NeiQhbors for School Excellence Committee: Carlbom stated that he attended a meeting at the School District Office. They are currently working on a flyer to help promote people to vote yes for the new school at the next election. The committee consists of several citizens as well as business leaders. DRAFT May 18, 2006 Page 8 of 9 COUNCIL REPORTS SYMANIETZ Meetinos: Symanietz reported that she attended the following meetings: · Corridor Advisory Committee for the North Corridor and CSAH 2 realignment. · Springsted meeting with the Council regarding the organizational structure. · Downtown Committee Meeting to discuss City Beautification. WICK Park Board: Wick stated that the Park Board would be present at the next Council meeting to share their plans for the Centennial Park Shelter Improvements and to present the 2006 Capital Improvement Plan. They have been working on getting plans and estimated costs from SEH. He also stated that the office staff has been working on a grant with Xcel Energy, which she stated is near completion. Wick also reported that they hope to hear the results of their grant application for Northland Park by the end of August. RASSIER - No Report RIEKE Downtown Committee: Rieke advised the Council that he has been actively involved with the Downtown Committee as well and he is very excited about the project. ADMINISTRATOR REPORTS CloudNet Antenna Lease: Weyrens stated that currently Cloud Net is the Internet provider for the Maintenance Facility and they are looking to place an antenna at the Maintenance Shop. Jim Marthaler and Dick Taufen have looked at their equipment and they do not see a problem with renting space for their antenna. In return for allowing them space for their equipment, they will provide the Maintenance Facility with free service equivalent to $ 230/mo. Weyrens stated that the City Attorney has reviewed the agreement and minor changes have been requested. The changes have been presented to Cloud net and they are agreeable to the terms. Rieke~uestioned whether or nottheCity has a backup Internet service in the event of a disaster situation. Weyrens advised them that US Cable might be able to provide a service to combine all lines and have an off-site server as a backup unit. She stated that she is also working with US Cable to extend service to the Industrial Park so that businesses would have the availability of DSL service. Wick questioned what would happen if the City were to switch providers. Weyrens stated that the antenna could stay; however they would be required to compensate the City financially instead of by service. Rassier made a motion to table the execution of the Antenna Lease Agreement between the City of St. Joseph and Cloud net until the final agreement is ready for execution. The motion was seconded by Wick and passed unanimously. DRAFT May 18, 2006 Page 9 of 9 Wastewater Plant - RoofinQ Repair: Weyrens advised the Council that the roof at the Wastewater Plant is leaking and in need of repair. They have received 2 bids: . McDowell Company $8,488.00 . Granite City Roofing $9,645.00 Rassier made a motion to accept the bid from McDowell Company in the amount of $8,488.00 to repair the roof at the Wastewater Plant. The motion was seconded by Symanietz and passed unanimously. Newsleader - Map Reauest: Weyrens stated the St. Joseph Newsleader in cooperation with the St. Joseph Chamber is in the process of updating the Chamber Map. In the past a vendor from St. Paul prepared by map and that company cannot produce the map at this time. Therefore, the St. Joseph Newsleader has agreed to work on the project and is requesting a digital copy of the City map. Since the project is a community project the Chamber is requesting the City provide the digital map at no cost. As the digital map must be provided by SEH, Councilor questioned Bettendorf if the City will be charged a fee for the digital file. Bettendorf responded that SEH would provide the digital file at no charge. Wick made a motion to donate a digital copy of the City map to the St. Joseph Chamber for the purpose of updating the St. Joseph Chamber map. The motion was seconded by Symanietz. Discussion: Weyrens stated that they plan to update the map annually. The maps will then be handed out to local businesses around town and will be free of charge. Ayes: Carlbom, Rassier, Symanietz, Wick Nays: None. Abstain: Rieke Motion Carried 4:0:1 Historical Society Update: Weyrens reported that Taufen has been working with the Historical Society on costs to repair and upgrade Old City Hall for use by the Historical Society. It is anticipated to present the information to the Council on June 1, 2006. UpcominQ MeetinQs: . May 23 . June 1 6:00 Transportation Issues 8:00 Joint Meeting with Township regarding Orderly Annexation Issues 5:30 Meadowvale Lawsuit OTHER MATTERS Pedestrian CrossinQ: Frank Osenforf approached the Council to state that the City should look into some type of pedestrian crossing to go over CR 75, as it is very dangerous for pedestrians to cross at any of the existing intersections. Adiourn: Wick made a motion to adjourn at 9:15; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator DRAFT June 1, 2006 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 1, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Ross Rieke, Renee Symanietz, Dale Wick. Administrator Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf, Director of Public Works Dick Taufen Others Present: Ryan Gideon, Bruce Berghorst, Jennifer Thienes Approve Aaenda: Symanietz made a motion to approve the agenda with the following changes: Move 7:40 Audit Move 7:10 Park Board Add 11b Historical Society The motion was seconded by Rassier and passed unanimously. Consent Aaenda: Symanietz made a motion to approve the consent agenda as presented. a. Bills Payable - Approve check numbers 037320 - 037376. b. Pay Application - Approve Pay Application #3 for the Water Treatment Plant and authorize payment to John T. Jones in the amount of $386,383.30. c. Pay Application - Approve Pay Application #4 for the New Municipal Wells and authorize payment to Traut Wells in the amount of $1,000.00. d. Pay Application - Approve Pay Application #5 for the 2005 Northland Heights Project and authorize payment to Erin Contracting in the amount of $134,945.89. e. Change Order - Approve Change Order #1 for the 2006 Street Improvement Project resulting in an increase of $9,690.00. f. Amendment to Orderly Annexation Agreement - Authorize the Mayor and Administrator to execute the Joint Resolution for Orderly Annexation between the City of St. Joseph and the Town of St. Joseph. g. Cloudnet Antenna Lease- Authorize the Mayor and Administrator to execute the lease agreement between the City of St. Joseph and Cloud net Inc. The motion was seconded by Wick. Discussion: Weyrens added that the Orderly Annexation Agreement should be approved contingent upon the corrected legal description being submitted with the agreement. The motion passed unanimously. Public Comments to the Aaenda: No one present wished to speak. Park Board - Centennial Shelter Update: Speaking on behalf of the Park Board, Wick stated that Park Board has been working with staff regarding the improvements to Centennial Park. Wick stated that the City has been planning for the updating of the restroom facilities for many years and funding is finally available to complete the project. The project will result in the facilities at Centennial Park meeting ADA requirements. In addition to constructing bathroom facilities, the improvements will include renovations to the kitchen, additional storage space and re-shingling. As with the Wobegon Center, the new facility will be keyed with electronic locks. . Wick presented the following cost estimates for the proposed improvement: Engineers Estimate Extend foundations Demo existing roof $125-135,000 $4,000 $ 850 DRAFT June 1, 2006 Page 2 of 8 Install new roof $3,000 Since the project exceeds $ 50,000, the project must be bid according to State Statute. The bid documents have been prepared by SEH and the project is scheduled to begin on September 12, 2006. Wick stated that the Park Board has completed the five year capital improvement plan and presented the following summary of scheduled improvements: . Northland Park - The Park does not have restroom facilities or a shelter. The proposed improvement would add those amenities. The project is contingent upon DNR grant funding which has been submitted for consideration. The long range plans also includes the relocation of the entrance and a walking trail similar to Klinefelter Park. The estimated cost of this project is $225- 235,000 of which the DNR grant would cover half if the City is successful in receiving the grant. . Kleinfelter Park - There has been some recent concerns with the traffic cutting through the park. As a result, they have discussed putting a berm or some trees at the southwest corner to alleviate the amount of traffic. . . Millstream Park - New Playground equipment has been purchased. Estimated cost: $18,000. . Kleinfelter Park - They plan to make a trail connection from 1 ih Avenue. Estimated cost: $6,500. . Hollow Park - New Playground equipment has been purchased. Estimated cost: $3,000. . Citywide bike paths and bike racks. Estimated cost: $10,000. If all the projects under consideration by the Park Board were constructed, it is estimated that funding would have to equal $415,000. The Park Board recognizes the financial constraints of the City. and therefore is planning for long-range improvements. The following is a summary of anticipated funding: Park Dedication Fees Public Works Excel Grant DNR Grant TOTAL $187,350 $ 42,000 $ 68,000 $118.000 $415,350 Park Dedication (Balance) Crescent Hills (New) Industrial (New-35 Acres) Estimated Balance $179,167 $ 82,652 $ 21.000 $282,819 At this time Wick requested the Council authorize the improvements to Centennial Park authoring the advertisement for bids. In addition the Council should accept the Capital Improvement Plan of the Park Board as presented. It is understood that project completion is dependent on securing the necessary funding. There was some question as to whether or not there will be two mismatching buildings at Centennial Park or if they planned to rebuild the entire shelter. Wick stated that the Park Board would like to preserve the history of the current facility, so the existing facility will remain as is and the new facility will be constructed to complement the existing structure. Rieke made a motion authorizing the Capital Improvement to Centennial Park providing for the construction of restrooms and authoring the advertisement for bids as recommendedbythePar~ Board. The motion was seconded by Symanietz. Rassier questioned if the Council needs to approve the five year capital improvement plan as well as the Centennial Park Improvements. Weyrens clarified that the Council should accept the Capital Improvements for the year 2006 contingent upon available funding. Rassier made a friendly amendment to accept the 2006 Capital Improvement Plan as presented by the Park Board contingent upon the anticipated revenues being received and the approval of the advertisement of bids for the Centennial Park Update. The motion passed unanimously. Auto Buy Owner - Request for Services: Weyrens advised the Council that Auto Buy Owner, located at the corner of 8th Avenue and CR75, has inquired about the availability of water and sewer services. At the time Minnesota Street was reconstructed the residents along 8th Avenue were offered the opportunity to receive utility services and they declined. To determine the probable cost of the improvement, the DRAFT June 1, 2006 Page 3 of 8 Council must initiate the process and request the City Engineer to prepare a feasibility report. After the feasibility report is accepted, the Council then conducts a public improvement hearing allowing input from the residents. If the project moves forward the Council must also consider financing options and if the project should be completed in 2006 or 2007. Rassier made a motion initiating the improvement process and approving execution of Resolution 2006-_ Ordering the Feasibility Report for the proposed utility extension for 8th Avenue SE. The motion was seconded by Wick and passed unanimously. There was some discussion amongst the Councilors as to why this area did not have water and sewer services. Bettendorf stated that this is an expensive project construct due to the length of pipe extension, few residents to assess and irregular shaped lots. Rassier suggested that the City make sure that all areas of town have access to City water and sewer as well as streets that meet current design standards. Colleqeville Development Group - TIF Application: Mike Bobick and Jim Degiovanni appeared before the Council representing Collegeville Development Group (CDG). Bobick stated that Collegeville Developmetn Group is requesting authorization to utilize Tax Increment Financing for a downtown development project. CDG is proposing to construct a mixed density development on the former Krebsbach Chevrolet site. Weyrens clarified that the Council is not being asked to approve the development or Tax Increment Plan, rather if the use of TIF is appropriate and CDG should continue with the development process. Rieke spoke on behalf of the EDA. He stated that every project that applies for TIF goes through a scoring process. The EDA did a scorecard on this particular project and he stated that it scored very well. He also mentioned that this project is being supported by the EDA without any questions. Carlbom added that the City's EDA Consultant did an analysis of the project as well. On a scale of 1-5, with 5 being perfect, most projects receive a 3. This project scored a perfect 5, thus it would be a good use for TIF. Carlbom stated that this is a redevelopment project rather than an expansion project. According to Weyrens, there would be no risk to the City if TIF is utilized as the City only accepts pay-as-you-go projects so that the increment is only reimbursed after the taxes are paid. Rassier made a motion to accept the recommendation of the EDA and accept the Preliminary TIF Application authorizing the developer to move forward with a redevelopment TIF project. The motion was seconded by Rieke. Discussion: Wick mentioned that he had spoke with Smith-Strack from the EDA and she stated that this is only a Preliminary Application. Weyrens agreed and stated that right now the Council is being asked whether or not they accept the use of TIFfor this project. Degiovanni added that there are several more steps to go; however, they would like to break ground late fall. He also stated that they are currently working on letters of intent for the business suites The motion passed unanimously. Crescent Hills - Preliminary Plat: Weyrens advised the Council that the Planning Commission conducted a public hearing on April 3, 2006 for the PUD entitled Crescent Hills. The matter was tabled at that time as the Planning Commission asked for some changes to the plat including the removal of a short stub street which resulted in a reconfiguration of the plat, review of the drainages for the homes abutting the Salvage Yard, relocation of a trail, and verification of floor elevations. The PUD was considered again on May 22, 2006. At that time the Planning Commission recommended approval of the plat contingent upon the removal of 5 lots - 2 in block 1; 2 in block 2 and 1 in block 3. Since that time, the developer has contacted the City and stated that they are willing to compromise and remove 2 lots. . Rieke stated that he does not want the City Council to become the Planning Commission by default. He questioned why this compromise was not brought back to the Planning Commission for review before being presented to the Council. Weyrens stated that the developer has appeared many times before the Planning Commission and requested to have the matter considered by the City Council. . DRAFT June 1, 2006 Page 4 of 8 Rassier spoke on behalf of the Planning Commission stating that the lot frontage is the biggest concern expressed by the Commission. The Commissioners suggested that the developer remove 5 lots and make the remaining lots wider. According to the Developer, if they remove the lots, they will lose some of the character of the development. The property is difficult to develop and the removal of five lots would not make the development feasible. Carlbom questioned a couple of items addressed at the Planning Commission meeting. . Why is this piece of property being platted as a PUD? Weyrens stated that the parcel of property being developed is a difficult parcel to develop because of the topography, trees and adjoining salvage yard. For those reasons, the best development method appeared to be utilization of PUD. The PUD requirements include a minimum site of 20 acres, protection of natural resources and mixed development, all ofwhich Crescent Hills has satisfied. . What is the issue behind developers being treated equally? Weyrens advised the Council that Lumber One is questioning why their plat was not approved with the smaller lots. She stated that originally Northland Heights was platted as straight single-family and the plat did not qualify to utilize the PUD process. The plat submitted included an average lot size of less than 9,000 square feet. The PUD requires that the density not exceed that of the underlying zoning district. Therefore, the average lot size must minimally be 11,000 square feet. Crescent Hills on the other hand, met the density requirements and requested utilization of the PUD process to protect natural features such as the woods. Weyrens stated that the City does enforce the Ordinances equally and if Lumber One would have presented a plan meeting the minimum requirements of the PUD Ordinance it would have been reviewed in the same manner as Crescent Hills. Wick questioned the tree preservation area. The property owners will own that land; however, it will not' be useable land. Weyrens stated that if the property were developed using the R1 regulations, the site would require mass grading or clear cutting of all the trees. The developer could actually increase the number of lots if developed as an R1 site. The developer chose to preserve the trees and construct the development around preservation areas. The preservation areas are included in the average lot size, similar to Graceview Estates. Wick also questioned whether or not there are other areas of town with smaller lots and what kind of house could be built on such a lot. Weyrens stated that there are some lots in Graceview that are only 8,100-8,800 sq. ft. Ryan Gideon, Westwood, stated that it would be possible to put a house with a 2 or 3 stall garage on those lots. Weyrens clarified that a house could be built on the proposed lots in Crescent Hills. The developer is not seeking relief in setback requirements, only lot frontage. Weyrens added that the R4 portion of the development meets all lot requirements. Gideon then addressed the issue with the removal of the 5 lots. He stated that the developer remove more than two lots.or the site plan does not workandthe Preliminary Plat would need to be revised. A revised plat would remove the tree preservation area and would result in a loss of the wooded area. Wick questioned the relocation of the trail abutting 16th Avenue. Gideon stated that during the platting process it was noted that the trail would need to be placed on the side where the elevation would accommodate such. Wick made a motion to accept the recommendation of the Planning Commission approving the utilization of the PUD for development entitled Crescent Hills PUD and to rezone the same area as follows: R1 Single Family - Block 1 Block 2 Block 3 Lots 21-28 R 4 - Townhome Block 3 Lots 1 - 20 DRAFT June 1, 2006 Page 5 of 8 The motion was seconded by Symanietz and passed unanimously. In reference to the removal of the 5 lots, Wick questioned the 60-day rule. Weyrens advised him that there is still1-month left. The Planning Commission does meet one more time before the 60-days expire and if the matter is referred back to the Commission it might be practical to meet in joint session with the Planning Commission. Rassier stated that the Planning Commission only makes recommendations to the City Council, and there are times when the Council has to make the decision and this is one of those times. Rassier stated that the developer has appeared before the Commission many times and he does not see the benefit of sending him back again. The developer has requested the Council consider the matter and that is why the issue is before the Council at this time. Carlbom concurred with Rassier and stated that this is one of the few times the Council is being asked to compromise a recommendation of the Commission. Carlbom stated that in his opinion the developer has shown why the PUD is necessary and the revised plat is a good compromise. Rieke added that the developer has previously removed 2 lots before it came to the Council at this meeting. Gideon stated that while the Planning Commission has requested larger lots the market indicates a number of people prefer smaller lots. Wick made a motion to. approve the revised Preliminary Plat for Crescent Hills as submitted by MN Land Development. The motion was seconded by Symanietz. Ayes: Carlbom, Symanietz, Wick Nays: Rassier, Rieke Motion Carried 3:2:0 2005 Audit Jennifer Thienes, KDV, approached the Council to review the City's 2005 Audit. She stated that the City has received a clean opinion from KDV which is the highest opinion a City can receive. She reviewed some of the basic funds and explained the changes from prior years. . General Fund - Thienes stated that this is the primary fund for the daily operations of the City. The fund balance at the end of the year was $916,922.The Revenues for 2005 were $1.9 million and the Expenditures were $2 million. There were increases in the following revenue categories: licenses and permits and taxes. The following categories showed a decrease from last year: charges for services, fines and intergovernmental revenues. The following expenditures categories showed an increase for 2005: General government and public works. Public safety decreased by 8%. . Enterprise Funds - These funds are used to account for operations where the government intends that the cost of providing goods or services to the public be financed or recovered through user charges. This includes the refuse, water, sewer and storm water funds. The refuse fund has shown an operating income for the past 5 years. The 2005 operating income was $49,672. The water fund has shown an operating income in 2 of the past 5 years. The 2005 operating loss was $37,212. This is typical due to depreciation. The sewer fund is similar to the water fund in that it generally shows an operating loss due to depreciation. The operating loss for 2005 was $92,164. The storm water fund was set up in 2003. Similar to the water and sewer funds, this account may show a loss due to depreciation. The operating loss for 2005 was $18,115. DRAFT June 1, 2006 Page 6 of 8 According to Thienes, they found one item that is considered to be a reportable condition and that is the lack of segregation of accounting duties. The main reason for this is due to the limited number of office employees. She suggested that the City remain aware of this and continue to monitor where people job functions. Rieke made a motion to accept the Memorandum on Accounting Policies and Procedures and Internal Control and the Audited Financial Statements for the fiscal year ended December 31, 2005 as presented. The motion was seconded by Wick and passed unanimously. CITY ENGINEER REPORTS Water Treatment Facilitv: Ekola gave a brief update of the Construction progress thus far. She stated that the contract was awarded on November 10,2005. The substantial completion date is set for April 30, 2007 with the final completion date of July 30,2007. Based on the current progress the project should be complete before the contract completion deadline. Ekola stated that the original contract price was $5,764,932.90. Since the contract was awarded, there have been change orders already approved and most likely more to come. Ekola provided the Council with a Shop Drawing Log showing a description of all of the equipment for the project. Rassier questioned whether or not some items could be deleted to control the total cost of the project. According to Ekola, the equipment has already been ordered based upon changes approved by the Council. There were some items deleted during the design process if they were not necessary. She added that there is a contingency added to the project cost to allow for future change orders, as they are inevitable in a project the size of the Treatment Facility. PUBLIC WORKS DIRECTOR REPORTS Water Tank Evaluation: Taufen approached the Council to discuss the need for an inspection of the current water tower. He stated that the tower is 14 years old and there has only been one inspection thus far. It is anticipated that the tower would need to be repainted every 20 years. He stated that the tower is already showing signs of wear and rust. Due to the growth of the City and the fact that the City only has one tower, the best testing mechanism is by performing a live dive. Carlbom questioned when the dive would be completed and if there are local companies that perform such services. Taufen stated that it is anticipated the inspection would be done this summer. Ekola presented information from Liquid Engineering a firm specializing in drive inspections. Rassier questioned if the inspection could wait until the City has a second water tower and at that time the tower could be drained and a live dive would not be necessary. Bettendorf recommended that the Council move forward with the inspection at this time as the tower is an expensive piece of infrastructure and he sees the inspection as a protection of financial capital. Rassier made a motion to approving the expenditul'e-to-contr-act-withLiquid Engineel'ing to perform an internal inspection of the water tower by completing a live dive as recommended by the City Engineer. The motion was seconded by Rieke and passed unanimously. Old City Hall UDdate: Taufen stated that he met with Bill Wasner and Daryl Studer from the St. Joseph Historical Society to review plans for the renovation of the old City Hall. They stated that they would like to see the sliding curtain removed and replaced with a permanent wall, the corner desk removed, and the carpet repaired. The estimated cost for the repairs is $1,200 t01,500. Rassier questioned the heating and cooling for the building. Taufen stated that a new roof was put on about 6 years ago and new windows and painting of the exterior was completed in 2005. He stated that the heating and cooling was installed approximately 20 years ago when the building was first remodeled. Since that time, one air-conditioning unit had been replaced. Rassier suggested that the heating and cooling be evaluated again. DRAFT June 1, 2006 Page 7 of 8 Weyrens stated that the summer recreation program currently uses a portion of the old City Hall to store equipment. The Historical Society will have to share space for 2006 until a new location can be determined. Rassier stated that it is his understanding that the Historical Society was unsuccessful and finding alternative space and he believes the City needs to provide space to preserve the historical artifacts of St. Joseph. Carlbom added that the College of St. Benedict did offer space to the Historical Society; however, it was not acceptable to them. Rassier made a motion to accept the bid as presented for the repairs to the Old City Hall and have the Heating and Cooling checked for repairs so that the St. Joseph Historical Society can use the facility. The motion was seconded by Wick. Discussion: Rieke questioned if the City is assuming additional property and general liability by allowing the Historical Society to lease the facility. Weyrens stated that she would need to work with the City's insurance company on those issues. The motion passed unanimously. Chlorination .Update: According to Taufen, the chlorination of the City Water system seems to be going well. They are about 75% complete and there have been very few complaints thus far. 2006 Street Improvement Proiect: Weyrens added that there have been very few complaints from the residents with respect to the 2006 Street Improvement Project. MA VOR REPORTS St. Cloud Chamber Luncheon: Carlbom reported that he and Weyrens attended a luncheon with the St. Cloud Chamber as well as the Mayor and City Administrator for Waite Park. They are working on building relationships between the two cities. The next meeting will be held in July at the Stonehouse. Interqovernmental Meetinq: Carlbom stated that the Intergovernmental Meeting was held .on May 30 in Rockville. The League of Minnesota Cities gave a brief review of the previous ,legislative session. They also discussed eminent domain reform, tax issues, lack of property taxes and Local Government Aid. Downtown Revitalization Plan: According to Carlbom, the Downtown Revitalization Plan seems to be going very well with Community members volunteering to participate in the work groups. COUNCIL REPORTS SYMANIETZ Interqovernmental Meetinq: Symanietz reported that she also attended the Intergovernmental Meeting in Rockville. WICK APO: Wick stated that he attended the APO meeting at which the current officers were renewed for one more year. RASSIER Planninq Commission: Rassier reported that the Planning Commission met to review some new Ordinances as well as some Ordinance Amendments. RIEKE Committee Thank-You: Rieke offered a Thank-You to all those people serving on the various special boards within the City. DRAFT June 1, 2006 Page 8 of 8 ADMINISTRATOR REPORTS Sales Tax Collection: The City received the first payment for the % cent sales tax, which was approved in 2004. Weyrens stated that a special fund must be set up for the purpose of recording the collection of the tax received from the City of St. Cloud. Weyrens stated that Administration work on providing the Council with a forecast of revenue based on past trends. Rieke made a motion to authorize administration to establish special revenue fund 200 for the purpose of recording monthly sales tax collections. The motion was seconded by Symanietz and passed unanimously. Developer Fees: Weyrens stated that previously there seemed to be some questions as to how St. Joseph compared with other Cities as far as their development fees. She stated that she surveyed other cities on their fees for a development such as Northland Heights. Based on the information received so far, St. Joseph is in the same range as otherarea cities. WaterinQ Ban: Taufen stated that the capacity forthe current water treatment facility is 1,000,000 gallons per day. Last Monday, the daily total was 981,000 gallons and Tuesday it was 861 ,000 gallons. Weyrens added that due to the hot/humid weather, the City might need to put tighter restrictions on outside watering. Currently, residents can water on the odd/even system between the hours of 7PM-7 AM. She stated that it makes sense to water during those times as it is not as hot and the water will not evaporate as quickly. The next step may be to allow watering between 7-10AM and 7-10PM, still using the odd/even system. This information will be in the next issue of the Newsleader and the Police will be enforcing the ban. UpcominQ MeetinQs: June 14, 2006 Downtown Committees to meet at 5:00 to begin organizing Transportation Plan Open House to start at 6:00 with a presentation at 6:30 June 21, 2006 Budget meeting with City Council and Department Heads to get expectations from the Council before budgets are done for 2007. Adiourn: Wick made a motion to adjourn; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator DRAFT June 15, 2006 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City ofSt. Joseph met in regular session on Thursday, June 15, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Ross Rieke, Renee Symanietz, Dale Wick. Administrator Judy Weyrens. City Representatives Present: City Engineers Joe Bettendorf and Tracy Ekola Others Present: Jim Fredricks, Sr. Kara Hennes, Sr. Thomasette Approve AQenda: Rassier made a motion to approve the agenda with the following changes: Move 31 Interim Use Permit (to be discussed after item 5) Delete 3a Minutes - May 18, 2006 The motion was seconded by Symanietz and passed unanimously. Consent Aaenda: Wick made a motion to approve the consent agenda as follows. a. Deleted b. Bills Payable - Approve check numbers 037377-037436. c. Change Order - Authorize Change Order #3 for the Water Treatment Plant resulting in an increase of $3,101.00. d. Change Order - Authorize Change Order #4 for the Water Treatment Plant resulting in an increase of $13,976.00 e. Donation - Accept the donation from the St. Joseph Lions in the amount of $100.00 for flowers along Minnesota Street. f. Donations - Accept the donations from the St. Cloud Police Benefit Association and the MN Fraternal Order of Police for the 2006 Law Enforcement Memorial Service. g. Landscape Deposit - Authorize the release of the Landscape Deposit in the amount of $15,000 for the Morningside Town home Project. h. Land Donation - Authorize the Mayor and Administrator to execute the agreement accepting the donation of land from M.W. Lambert. i. Variance - Accept the recommendation of the Planning Commission granting a six inch variance on the rear yard setback for Lot 1 Brock 3 Morningside Acres 2nd Addition. j. Height Variance - Accept the recommendation of the Planning Commission and grant a sixteen and one-half foot variance on the maximum height of a structure. k. PUD Amendment - Accept the recommendation of the Planning Commission revising the Preliminary PlatlPUD entitled Graceview Estates, deleting 3 lots. . I. Moved for discussion after item 5. m. Annexation Clarification - Authorize the Mayor and Administrator to execute Resolution 2006-14 clarifying the legal description used for the annexation of the Water Treatment Plant. n. Six-month Fire Activity - Accept the December 1, 2005 through May 31, 2006 Fire Activity Report, authorizing payment to the Pay Per Response Fire Fighters. o. Fire Contract - Authorize the Mayor and Administrator to execute the Fire Contract between the City and Town ofSt. Joseph. The motion was seconded by Rassier and passed unanimously. Public Comments to the Aqenda: No one present wished to speak. St. Joseph Action Group: Margie Hughes, 128 Able Ct, approached the Council to represent the St. Joseph Action Group. They have been working on several petitions in opposition to the proposed Field Street Corridor. The petition that was presented to the Council had a total of approximately 350 signatures of students, faculty, and staff from the College of 81. Benedict and 81. John's University. DRAFT June 15, 2006 Page 2 of 4 Interim Use Permit: Weyrens reported that the Planning Commission conducted a public hearing on June 5, 2006 to consider issuance of an Interim Use Permit allowing an owner occupied rental unit at 308 - 10th Avenue SE. The Rental Housing Inspector has inspected the property and if the required repairs are completed, the property would qualify for an owner occupied rental with 2 persons other than the property owner. Wick questioned whom the Interim Use Permit is being issued to. Weyrens stated that Thomas Ortman will own the house and his parents Timothy and Ellen Ortmann are the co-signers. The Planning Commission unanimously recommended the Council issue the Interim Use Permit. Rassier made a motion to accept the recommendation of the Planning Commission and issue an Interim Permit to Thomas Ortmann, 308 _10th Avenue SE, allowing and owner occupied rental unit. The motion was seconded by Symanietz and passed unanimously. There was some question as to whether or not the Planning Commission was looking into limiting the number of Interim Use Permits being issued. Rassier stated that the Planning Commission will be discussing this matter. CITY ENGINEER REPORTS Feasibilitv Report - ath Av.enue NE Improvements: Ekola presented the Council with the information relating to the ath Avenue NE Improvements including utility construction and street reconstruction for ath Avenue NE between Minnesota Street E and CSAH75. She stated thatspecial assessments are proposed for street reconstruction, concrete curb and gutter, sanitary sewer and water main along with some additional funds from the City. According to Ekola, that portion of ath Avenue being discussed is currently under the jurisdiction of Stearns County; however they plan to turn back that portion of roadway once the improvements are completed. Currently, the roadway is only 24 feet wide and there is no sanitary sewer or water main. Two of the affected properties have water and sewer from Minnesota Street and the St. Joseph Business Center has sanitary sewer from the backside of their lot. There are three lots that have no water or sewer service. Ekola advised the Council that the proposed sanitary sewer and water main would tie into an existing a-inch stub line at Minnesota Street. A storm water facility would not be required As stated above, the existing street bed is 24' and the Cit~ standard for a local residential street is 32 feet wide and for a neighborhood residential street 36 feet. at Avenue would be considered a local residential street since the intersections at both Minnesota Street and CSAH 75 do not provide for through traffic. As a result, the proposed width of the street is 32 feet. Ekola did state that the portion from the commercial businesses to CSAH 75 might be widened to accommodate higher volumes of traffic. She also stated that the curb and gutter would end at the driveways to the St. Joseph Business Center and Auto Buy Owner as there is a snowmobile trail that crosses 8tn Avenue along the CSAH 75 ditch as well as the fact that there is no curb and gutter along CSAH 75. The costs associated with the project (based on 2006 construction costs) are as follows: Street, Curb and Gutter Sanitary Sewer Water Main Storm Sewer TOTAL $ 69,129 $ 45,715 $ 75,673 $ 11,521 $202,038 The assessments will be based on the following rates: Street, Curb and Gutter $50.45/Linear Foot Sanitary Sewer $4,155.87/Unit Water Main $6,306.06/Unit There are some parcels that are considered oversized and they will be assessed for additional sewer and water based on the number of single-family lots that the parcel could accommodate. The additional assessments for water and sewer would be a charge in lieu of assessment when the property is subdivided. Weyrens stated that that process is consistent with past assessment practices. DRAFT June 15, 2006 Page 3 of 4 According to Weyrens, the next step would be to look at different financing options. Carlbom stated that, in his opinion, the City should hold off on the improvements if Auto Buy Owner is no longer interested. Rassier, on the other hand, stated that the City should hold the Public Hearing to discuss the proposed assessment, as it does not mean that the improvements will be ordered. According to Ekola, July 6,2006 would be the last date possible for the City to hold the public hearing if those improvements were to be constructed in 2006. 'If the project is delayed again, the costs wil I most likely be higher as this report was based on 2006 costs and construction costs continue to rise. Rassier made a motion authoring execution of Resolution 2006-_ Receiving the Feasibility Report and Calling for the Hearing on Improvement. The hearing will be conducted on July 6, 2006. The motion was seconded by Symanietz and passed unanimously. Southwest Beltwav: Ekola advised the Council that the Southwest Beltway Ad Hoc Committee consists of representatives from Stearns County, APO, Waite Park and St. Joseph. She stated that they discussed two approaches to use for preparation of the Environmental Impact Study. . "Tiered" - One tier to analyze the scope of the project and another tier to do the actual environmental study. This approach would allow the City to delay paying all of the costs up front. . "Full" - Analyze all issues at one time. This approach would require more money up front. The total cost for the scoping document is $275,000 of which the APO Board approved $192,500 of federal High Priority Project funding to be used. That leaves the balance at $82,500. The local match distribution is as follows: Jurisdiction (%) Recommended Share ($) Stearns County 50 41 ,250 City of St. Joseph 25 20,625 City of Waite Park 25 20,625 Local Match Totals 100 82,500 Weyrens stated that the City would need to budget for our portion for 2007. Carlbom stated that the advantage of the tiered approach is that once the actual route is determined, the City may pay less money for the study based on whose jurisdiction the route goes through. . . The Council came to a consensus that the committee should move forward with the scoping document. Water Treatment Plant Update: Ekola provided the Council with an update on the progress of the Water Treatment Plant. She stated that they are in the process of putting up the walls and installing the lines from the wells to the plant. They are also working on the water line from the treatment plant to the Frontage Road and installing the grinder pump for the sanitary waste. She also stated that the entrance road is now in as well. Carlbom questioned when they would be touring the facility. Weyrens stated that the tour is scheduled for June 21,2006 at 5:00 PM. . Bettendorf Retirement: Carlbom announced that Joe Bettendorf, City Engineer, would be retiring as of June 30, 2006. He has been the City Engineer for the past 34 years. Tracy Ekola will t~ke over as the City's Engineer. . MAYOR REPORTS Downtown Committee: Carlbom stated that the Downtown Committee members met on Wednesday, June 14,2006 to break into the four focus groups and they began organizing their groups. They are still looking for representation from the monastery. DRAFT June 15, 2006 Page 4 of 4 COUNCIL REPORTS SYMANIETZ Transportation Meetinq: Symanietz stated that she attended the Transportation Open House last night to look at future transportation needs for the City. St. Joseph Chamber: Symanietz announced that she attended the St. Joseph Chamber meeting last Thursday. WICK - No Report RASSIER Planninq Commission Update: Rassier stated that the Planning Commission recently reviewed a revised plan for Graceview Estates, which shows a reduction in the number of lots. They also reviewed the initial plans for the Food Service building at the College of St. Benedict. RIEKE - No Report ADMINISTRATOR REPORTS Affordable Housina Amendments: Weyrens stated that the LCH Board is looking to amend the rules for Affordable Housing to include the following: . Reduce the amount of homes set aside from 15% of the housing stock to 5%. . Accept the existing housing as part of the affordable housing stock. Rassier made a motion to authorize the Mayor and Administrator to execute Resolution 2006-_ recommending the LCH Board amend the Joint Agreement as stated above. The motion was seconded by Rieke and passed unanimously. AFSCME Union: Weyrens advised the Council that the AFSCME Union has presented their request to begin negotiations for the new contract. Their current contract expires at the end of 2006. Symanietz and Rassier volunteered to be part of the negotiation committee. St. Ben's Sewer Use Aqreement: Weyrens stated the College of St. Benedict has requested the City review the 1986 Sewer Use Agreement between the College/Monastery of St. Benedict and the City of St. Joseph. Carlbom volunteered to Work with staff on the agreement review. Upcominq Meetina: Weyrens reminded the Council of the Budget meeting scheduled for Wednesday, June21, 2006 at 5:30. They will be discussing street-isstles, engineering issues and the capital improvement plan. Adiourn: Rassier made a motion to adjourn; seconded by Rieke and passed unanimously. Judy Weyrens Administrator City of St. Joseph Bills Payable June 30, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 037437 MINNESOTA PLANNING OA-524 St. Jospeh $200.00 101 41910 431 037438 SAND COMPANIES interest paid on $111.78 101 41430 210 037444 STAMP FULFILLMENT SERVICES envelopes & $420.00 101 41430 322 037444 STAMP FULFILLMENT SERVICES envelopes & $57.85 150 46500 322 037444 STAMP FULFILLMENT SERVICES envelopes & $120.00 101 42120 322 037444 STAMP FULFILLMENT SERVICES envelopes & $60.00 101 41130 322 037445 COMMISSIONER OF REVENUE 1 st quarter sales $176.00 101 41430 200 037446 A-1 TOILET RENTAL Memorial Park $63.90 205 45203 531 037446 A-1 TOILET RENTAL Northland Park $63.90 205 45203 531 037449 ALLIED WASTE SERVICES June refuse $68.90 105 42220 384 037449 ALLIED WASTE SERVICES June refuse $14,069.42 603 43230 384 037449 ALLIED WASTE SERVICES June refuse $68.90 602 49490 384 037449 ALLIED WASTE SERVICES June refuse $302.90 101 45202 384 037450 AMCON BLOCK AND PRECAST, INC pea rock & washed $952.11 205 45203 531 037450 AMCON BLOCK AND PRECAST, INC containment $439:32 101 45202 240 037450 AMCON BLOCK AND PRECAST, INC containment $439.31 101 43120 240 037451 AMERICAN TRUCK ASSCESSORIES IN 2006 chevy truck $270.00 437 49440 550 037451 AMERICAN TRUCK ASSCESSORIES IN 2006 chevy truck $270.00 437 45202 550 037451 AMERICAN TRUCK ASSCESSORIES IN 3 - 2 5/6" balls for $23.83 101 43120 240 037451 AMERICAN TRUCK ASSCESSORIES IN 2006 chevy truck $269.99 437 43120 550 037451 AMERICAN TRUCK ASSCESSORIES IN 3 - 2 5/6" balls for $23.84 101 45202 240 037452 AOI ELECTRICAL, INC passenger airbag $366.00437 42152 550 037453 BENTON TROPHY & AWARD Plaques $214.00 101 45202 210 037455 BRANNAN LOCKSMITH keys-Wobegon $77.71 101 45202 210 037455 BRANNAN LOCKSMITH work at Old City $90.26 101 41941 210 037456 BRODA, RANDALL booster pump $840.00 433 43120 530 037457 CAMERA TRADER 270 reprints $101.12 101 42120 210 037458 CENTRAL HYDRAULICS air hose repair $5.34 101 45201 220 037458 CENTRAL HYDRAULICS snow plow $6,100.00 437 43120 550 037459 CENTRAL MCGOWAN oxygen $39.62 101 45201 210 037460 CENTRAL MOTORCAR SPECIALTIES repair 2005 Ford $577.00 101 42152 220 037460 CENTRAL MOTORCAR SPECIALTIES repair engine #1 $311.48 105 42260 220 037461 COLD SPRING ELECTRIC SERVICES subpanel & install $160.67 205 45203 531 037461 COLD SPRING ELECTRIC SERVICES wiring completed $1,777.99 205 45203 531 037462 COLD SPRING VETERINARY CLINIC kennel fees-June $28.00 101 42700 300 037462 COLD SPRING VETERINARY CLINIC kennel fees-June $14.00 101 42700 300 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.71 101 42120 215 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.71 101 41430 215 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.71 101 41530 215 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.70 603 43230 215 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.70 601 49440 215 037463 CRABTREE COMPANIES, INC. LaserFiche annual $340.70 602 49490 215 037464 EAST SIDE OIL COMPANY used filter pickup $6.88 602 49490 384 037464 EAST SIDE'OIL COMPANY used filter pickup $6.87 101 43120 384 037464 EAST SIDE OIL COMPANY used filter pickup $6.87 101 45202 384 037464 EAST SIDE OIL COMPANY used filter pickup $6.88 601 49440 210 037465 FARM PLAN mower blades $62.30 101 45202 210 037466 FEDEX postage to $13.69 438 43120 530 037466 FEDEX postage to $13.69 101 41910 431 037467 FELIX, DAN & LORI Booster pump $390.01 433 43120 530 037468 GIROUX CONSTRUCTION remodel work old $1,250.00 101 41941 220 037469 GRANITE ELECTRONICS MCS2000 mobile $1,667.00 437 42152 550 037469 GRANITE ELECTRONICS MCS2000 mobile $1,667.00 437 42152 550 037470 HARD RIVES 1 yd hand work mix $159.23 101 43120 210 037471 HAWKINS WATER TREATMENT GROUP Hydrofluosilicic $494.02 601 49420 210 037471 HAWKINS WATER TREATMENT GROUP hydrofluocilicic $279.90 601 49420 210 037472 HENRYS WATERWORKS INC meters, wire, $1,736.13 601 49430 210 037472 HENRYS WATERWORKS INC bronze meter $338.67 601 49430 210 037472 HENRYS WATERWORKS INC 1" remote read $194.72 601 49430 210 037473 HERDAN, JOHN booster pump $840.00 433 43120 530 037474 HOESCHEN, MARY KAY hammer-in $154.88 101 45202 210 037475 HOLIDAY STORES fuel for June $223.00 101 43120 210 City of St. Joseph Bills Payable June 30, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 037475 HOLIDAY STORES fuel for sweeper $87.00 101 43220 210 037475 HOLIDAY STORES fuel for June $223.00 601 49440 210 037475 HOLIDAY STORES fuel for June $223.00 101 45202 210 037475 HOLIDAY STORES fuel for June $223.00 602 49490 210 037476 INSPECTRON INC building $8,275.00 101 42401 300 037476 INSPECTRON INC rental inspections $700.00 101 42401 300 037476 INSPECTRON INC building $8,425.00 101 42401 300 037476 INSPECTRON INC building $8,000.00 101 42401 300 037477 ITL PATCH COMPANY INC emlems shoulder $189.52 101 42120 171 037478 JM GRAYSTONE OIL CO., INC #2 dyed fuel $486.43 101 45202 210 037478 JM GRAYSTONE OIL CO., INC #2 dyed fuel $486.44 101 43120 210 037479 KEEPRS, INC/CY'S UNIFORMS uniform-K Simon $63.95 101 42120 102 037479 KEEPRS, INC/CY'S UNIFORMS uniform-D Krippner $22.31 101 42120 102 037479 KEEPRS, INC/CY'S UNIFORMS uniform-K Simon $49.95 101 42120 102 037479 KEEPRS, INC/CY'S UNIFORMS reservists $121.09 101 42120 102 037479 KEEPRS, INC/CY'S UNIFORMS Handcuff $64.75 101 42120 240 037479 KEEPRS, INC/CY'S UNIFORMS Vest - Magaard $951.85 101 42120 171 037479 KEEPRS, INC/CY'S UNIFORMS flashlight $10.60 101 42120 171 037479 KEEPRS, INC/CY'S UNIFORMS key holder-Magaard $10.60 101 42120 171 037479 KEEPRS, INC/CY'S UNIFORMS caution tape $13.79 101 42120 210 037479 KEEPRS, INC/CY'S UNIFORMS Clothining - M $106.90 101 42120 171 037480 KENNEDY & GRAVEN, CHARTERED Meadowvale claim $3,976.35 425 43122 530 037481 KLN DISTRIBUTING, INC HP Clr LJ printer $841.03 490 41430 570 037481 KLN DISTRIBUTING, INC network service $60.00 101 41430 215 037481 KLN DISTRIBUTING, INC Acrobat Pro 7.0 $1,329.92 490 41430 582 037481 KLN DISTRIBUTING, INC 3 laptop $746.95 101 42120 215 037481 KLN DISTRIBUTING, INC DJ 1220C printer $147.50 101 41430 215 037482 KOSTREBA APPLIANCE labor for $51.00 601 49430 220 037483 KUEBERBECK, RICHARD & HELEN reimbursement of $840.00 433 43120 530 037484 LANDSCAPE RESEARCH LLC Field St History $1,288.28 435 43120 530 037485 LAUOENBACH, LENNY repair carpet at Old $325.00 101 41941 220 037486 LEAGUE OF MN CITIES MN League Annual $335.00 101 41310 331 037486 LEAGUE OF MN CITIES MN League Annual $1,005.00 101 41110 331 037487 LEE'S ACE HARDWARE maint supplies $21.53 105 42281 210 037487 LEE'S ACE HARDWARE maint supplies $54.99 105 42210 220 037487 LEE'S ACE HARDWARE maint supplies $54.73 101 42120 220 037487 LEE'S ACE HARDWARE maint supplies $20.90 601 49440 220 037487 LEE'S ACE HARDWARE maint supplies $75.06 101 45202 220 037489 LESNICK, MARGE flowers Monument $15.30 205 45203 531 037490 L1NE-X bed liner for unit $485.00 437 43120 550 037491 LOUIS BERGER GROUP, INC Field Str $245.13 435 43120 530. 037492 MAIER TYPEWRITER SERVICE HP ink $20.18 101 41430 200 037492 MAIER TYPEWRITER SERVICE toner $56.39 101 41530 200 037493 MCDOWALL COMPANY 413 2nd Ave NW $8,488.00 602 49470 530 037494 MENARDS materials for $550.69 205 45203 531 037494 MENARDS paint $33.08 101 43120 210 037494 MENARDS paint $33.08 101 45202 210 037495 METRO PLUMBING & HEATING filters & check 2 $83.24 101 41942 220 037496 MILLS FLEET FARM late fee $25.00 101 43120 200 037498 MOBIL VISON digital video $1,821.63 437 42151 320 037499 MUNICIPAL DEVELOPMENT CORP eda contract $2,256.99 150 46500 300 037501 NORTH CENTRAL TRUCK ACCESS INC install tommy gate $2,721.48 437 43120 550 037502 OFFICE DEPOT office supplies $60.31 101 41430 200 037502 OFFICE DEPOT office supplies $60.32 602 49490 200 037502 OFFICE DEPOT office supplies $60.31 601 49435 200 037502 OFFICE DEPOT office supplies $60.31 101 42120 200 037502 OFFICE DEPOT acrobat reader $254.12 101 42120 215 037502 OFFICE DEPOT acrobat reader $254.12 101 41530 215 037503 PITNEY BOWES postage refill May $45.10 101 42120 322 037503 PITNEY BOWES postage refill May $8.20 601 49440 322 037503 PITNEY BOWES postage refill May $356.70 101 41430 322 037504 POWERHOUSE OUTDOOR EQUIP repairs to confined $47.84 602 49480 220 City of St. Joseph Bills Payable June 30, 2006 Check Search Name Comments Amount FUND DEPART OBJ Nbr 037512 SEH Annexation Issues $645.00 101 43131 303 037512 SEH Streets & Traffic $111.00 101 43131 303 037512 SEH Sanitary Sewer $438.24 602 49450 303 037512 SEH Water System $318.00 601 49410 303 037512 SEH New Municipal $400.00 434 49440 530 037513 SERVOCAL INSTRUMENTS, INC meter repair $1,051.20 601 49410 220 037514 SPRINT cell phone $153.42 101 42151 321 037515 SRF CONSULTING GROUP INC North Corridor & $19,871.27 435 49450 530 037516 ST. CLOUD TIMES Centennial Park $259.84 205 45203 531 037517 ST. JOSEPH NEWSLEADER 8th Ave $36.00 101 41120 340 037517 ST. JOSEPH NEWSLEADER consumer $442.50 601 49430 340 037517 ST. JOSEPH NEWSLEADER vistors guide ad $45.00 150 46500 340 037517 ST. JOSEPH NEWSLEADER 2005 Financial $198.00 101 41530 340 037517 ST. JOSEPH NEWSLEADER 8th Ave $36.00 101 41120 340 037518 STEARNS COOPERATIVE ELEC. ASSN . May usage $33.00 101 43160 386 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $45.50 602 49480 381 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $42.18 602 49471 381 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $42.82 602 49473 381 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $537.75 101 43160 386 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $46.53 602 49472 381 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $13.50 101 43160 386 037518 STEARNS COOPERATIVE ELEC. ASSN May usage $349.37 101 45201 381 037519 STEARNS COUNTY AUDITOR-TREAS postal verification $70.98 101 41410 210 037520 STEARNS COUNTY HIGHWAY DEPARTM signs $724.35 101 43120 210 037521 STRATEGIC EQUIPMENT paper towels $55.45 105 42281 210 037521 STRATEGIC EQUIPMENT paper towels for $106.36 101 45202 210 037522 STREICHER'S 12 GA Shotgun $495.23 437 42120 580 037523 SWORSKI, MICHAEL fuel for unit 29 $13.33 101 43120 210 037523 SWORSKI, MICHAEL fuel for unit 29 $13.33 101 45120 210 037523 SWORSKI, MICHAEL fuel for unit 29 $13.34 601 49440 210 037524 TKDA leak location and $418.09 601 49410 303 037525 TRAUT WELLS repair 3 sprinkler $295.50 101 45123 220 037525 TRAUT WELLS well casing cover $40:66 101 45202 210 037525 TRAUT WELLS water $70.00 601 49420 312 037525 TRAUT WELLS Water $57.00 601 49420 312 037527 US CABLE cable service city $49.95 101 41430 321 037528 UTSCH, GERALD 5 Planning Comm $175.00 101 41120 103 037529 VERIZON WIRELESS cell phone $19.52 601 49440 321 037529 VERIZON WIRELESS cell phone $158.24 101 42151 321 037529 VERIZON WIRELESS cell phone $7.46 101 43120 321 037529 VERIZON WIRELESS cell phone $7.46 101 45202 321 037529 VERIZON WIRELESS cell phone $56.04 101 41430 321 037529 VERIZON WIRELESS cell phone-July $44.53 105 42250 321 037529 VERIZON WIRELESS cell phone $14.92 602 49490 321 037530 VIKING INDUSTRIAL CENTER disposable gloves $10.73 101 43120 210 037530 VIKING INDUSTRIAL CENTER disposable gloves $10.73 602 49490 210 037531 WINTER, MARK bottled water $50.00 105 42220 210 037532 WSB & ASSOCIATES, INC . Field Street $7,146.61 435 43120 530 037533 XCEL ENERGY June usage $436.59 105 42280 381 037533 XCEL ENERGY June usage $52.22 105 42280 383 037533 XCEL ENERGY June usage $76.68 101 45202 381 037533 XC.EL ENERGY June usage $124.42 101 43160 386 037533 XCEL ENERGY June usage $48.36 101 45201 381 037534 ZEE MEDICAL SERVICE update medical $76.48 101 45201 210 037535 TIREMAXX SERVICE CENTER tire repairs $365.83 101 43120 210 $248,731.22 Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: July 6, 2006 Engineering Tracy Ekola, PE . ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2006 Street Improvement Letter of Recommendation. PREVIOUS ACTION RECOMMENDED COUNCIL ACTION Application for Payment No. 1 FISCAL IMPACT $180,177 .24 COMMENTS/RECOMMENDATIONS P:\PT\S\stjoe\common\D39 Req Council Action\0603 AFP 1 070606.doc RECEIVED .fUN 3 0 2006 CITY OF. BT. JOSEPH SEH. June 26, 2006 RE: St. Joseph, Minnesota 2006 Street Improvements SEH No. A-STJOE 0603 14 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens 25 College Ave North PO Box 668 Saint Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No.1 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies of the Application for Payment and distribute as follows: C & L Excavating SEH City of St. Joseph Please submit the payment to the following address: NORTHERN ESCROW INC 1276 S ROBERT S W ST PAUL MN 55118 651.457.9621 FAX 651.457.7531 If you have any questions, please feel free to call us. s,-elY,/ C;1ta4;;1fZ I If Tracy LYEkola, PE City Engineer Jmw Enclosures P:\P1\SISTJOE\060300ISPECSIL-AFP TO OWNER.DOC Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. 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'0 ~ ~ r/) - I r- w ~ o w ~ o J - Q; "0 C ::l "0 0). .0 't: o (/J 0> "0 (/) t\l 1i) ~ 0> :5 ~ c. g ;>: lD ;>: lD '" o. .0 cJ; 0<(' zoo:t -:o::~ (!Jo~ ~02 ~O::E > ~ . <(UJJ: 0(!J0.. xoUJ w-(/) 0::0 -10)"'" 06 C') . o~~ ,.... .... ,.... .... . C\J o '" 10 lO z ,....::E t:6 ....::> xo 0-1 ::clDO wo"': ooo..C/) e w c z w :E :E o o w a: c w 1= :E m ;:) (/) w ~ o C") .... ;>: lD co <0 <0 o ~ ::c ~ 0.. <0 W lO (/) Z o :::iE ...., . . co J: 1-1OQ. 00 COw U.XOO 000 ~CO...., -0"': OQ.(/) c w > o a: a. a. <( Attachment: Yes REQUEST FOR COUNCIL ACTION DATE: July 6, 2006 Engineering ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM John T. Jones Construction Pay Application #4 for Water Treatment Plant PREVIOUS ACTION Change Order #3 and #4 for Water Treatment Plant RECOMMENDED COUNCrr... ACTION Authorize Payment of Pay Application #4 FISCAL IMPACT $562,077 .42 COMMENTSIRECOMMENDATIONS Pay application is for work completed from May 20th to June 22nd and for materials stored on site. 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I{') CO (') I{') .., 9 cO (') -i b'7 . r.O .,., 0 c t- L!) ~ O"l ;;; b'7 b'7 ~ N ~ N 0 N b'7 ... W N 0 --, f- if) - I{') co t- O c:> '<tco'<t Z Z N CON O"l '<to> l- e co O"l co '<t '<t'<t U Z ~ ~~ <( W ~ ~~ 0::: e I- Z 0 0 [t: U w a. -' -' -' <( <( <( III ..... ..... I- ..J 0 0 0 <( l- I- l- f- co co co 0 ::) ::) Q) Q) Q) :::> I- en en ~ ~ ~ en :2 ~~. ~_. ~ ---- - "'" "'" "'" U U U o 0 e mcO co N '0 N Q) 0> '" D.. Jt&r~ NORTHERN TECHNOLOGIES INC. 3308 5th Street South, Waite Park, MN 56387-4521 320-654-9409 320-654-9425 Fax INVOICE TO R~C'''' C;; lI'" I V 1"1.., ED ~y i t 2U06 JOHN -. ~t-ON .....1. JUNE: StRUC-'" S lION Invoice John T. Jones Construction Attn: John Jones 2213 7th Avenue North Fargo, NO 58102 BILLING PERIOD APRIL INVOICE NO. DATE P.O. NO. TERMS PROJECT 06-6162.04 5/9/2006 Due on receipt St. Joseph Water Treatment Plant DESCRIPTION QUANTITY RATE AMOUNT CONCRETE CYLINDERS 4 13.00 52.00 CONCRETE INSPECTION 1 45.00 45.00 PROCTOR 1 98.00 98.00 ENGINEERING TECHNICIAN 1.5 45.00 67.50 PROJECT ENGINEER 1 77.00 77.00 MILEAGE 22 0.58 12.76 - Thank you! Total Please remit to above address. JlI--r $352.26 / j~ l~ NORTHERN TECHNOLOGIES INC. 3308 5th Street South, Waite Park, MN 56387-4521 .320-654-9409 320-654-9425 Fax INVOICE TO John T. Jones Construction Attn: John Jones 2213 7th Avenue North Fargo, NO 58102 RECEIVED JUN 1 5 1006 Invoice BILLING PERIOD JOHN 1. JONES CONSTRUCTION MAY INVOICE NO. DATE P.O. NO. TERMS PROJECT 06-6162.05 6/9/2006 Due on receipt St. Joseph Water Treatment Plant DESCRIPTION QUANTITY RATE AMOUNT CONCRETE CYLINDERS 48 13.00 624.00 CONCRETE INSPECTION 26 45.00 1,170.00 PROCTOR (P-2,3,4) 3 98.00 294.00 PROJECT ENGINEER 2 77.00 154.00 MILEAGE 280 0.58 162.40 DENSITY TESTS (1-3) 3 25.00 75.00 GRADATION 1 75.00 75.00 ~ . Thank you! Total Please remit to above address. ~1I $2,554.40 .j Bury Companies, Inc. 14210 Northdale Blvd. Rogers, MN 55374-9631 Voice: Fax: 763-428-4540 763-428-4518 Sold To: JOHN T. JONES CONSTRUCTION CO. 2213 7th AVENUE NORTH P.O. BOX 2424 FARGO, ND 58108-2424 RECE.VED JUN 07 2006 JOHN T. JONES CONSTRUCTION Ship to: vvTP ST. JOSEPH 29771 FRONTAGERD ST. JOSEPH, MN Customer PO 0503-10 Customer ID - -----------------------+-- JOH T JON Invoice Invoice Number: 18090 Invoice Date: Jun 2, 2006 Page: 1 Payment Terms 1.5% 10, Net 20 Days ~- ---+- I ; _______+__ ___ Shipping Method : Kenworth Truck _______~ales~ep ID Ship Date _J ; Due Date 6/22/06 ---- - ------------UT--------------------------- Quantity I Item ------~:~~1~~~:~ --------------- I 171. 08!500155 200.891500156 26.631500159 1.001001000 I I i I # 3 60 GR. # 4 60 GR. # 5 60 GR. # 6 60 GR. # 9 60 GR. DELIVERY Check/Credit Memo No: Description PER 100 WGT. PER 100 WGT. PER 100 WGT. PER 100 WGT. PER 100 WGT. jbJ&tPX ~ Unit Price I 38.88\ 38.88! i 38.881 i 38.88! 38.88l , 95.00i ! Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOT AL WE OFFER AN EARLY PAY DISCOUNT 1.5% NET 10 Extens ion _J 43.55: 3, 084 .35: I 6 , 651. 59: 7,810.60 1,035.37: 95.00 18,720.4E 1,216.83 19,937.29 19,937.29 Voice: Fax: 763-428-4540 763-428-4518 Invoice Invoice Number: 18014 Invoice Date: May 23, 2006 Page: 1 Bury Companies, Inc. 14210 Northdale Blvd. Rogers, MN 55374-9631 Sold To: JOHN T. JONES CONSTRUCTION CO. 2213 7th AVENUE NORTH P.O. BOX 2424 FARGO, ND 58108-2424 Ship to: ViTP ST JOSEPH 29771 FRONTAGE RD ST. JOSEPH, MN I I i r I r r- I L I r I I I i ------- ! Customer ID Customer PO Payment Terms ------. I JOR T JON 0503-10 1. 5% 10, Net 20 Days ! ------- Sales Rep ID Shipping Method Ship Date Due Date Kenworth Truck 6/12/06 Quantity I Item Description Unit Price Extens ion I 4.83[500153 # 3 60 GR. PER 100 WGT. 38.88 187.79 27.67;500154 # 4 60 GR. PER 100 WGT. 38.88 1 , 075 . 8 1 92.92150.0155 # 5 60' GR. PER 100 WGT. 38.88 3,612.73 112.92:500156 # 6 60 GR. PER 100 WGT. 38.88 4,390.33 76.58!500157 # 7 60 GR. PER 100 WGT. 38.88 2, 977 . ~ 3 I I 144.73i500158 # 8 60 GR. PER 100 WGT. 38.88 5,627.10 1.00:001000 DELIVERY 95.00 95.00 , I , i RECFIVED i , I i MAY 2 6 2006 JOHN 1. JONES CONSTRUSTION' i ~ I - ;:t~/~ ;JffiW I 30 !to ~ l i ! ~l- { I ! L___..._____.u.___.. __._J.. -.---- - ---.---- -~._---. ------"--------.-- - ---"-----,----._~--- ---.---- - .--- -~--------- Check/Credit Memo No: Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOTAL 17,966.19 1,167.80 19,133.99 19,133.99 WE OFFER AN EARLY PAY DISCOUNT 1.5% NET 10 Order # 22092 Oroered 01/24/06 . Cust Account # 1110-83 Job# 2005109 Cust PO # 0503-35 Ship Via BEST Shipped 05/12/06 FOB SHIPPING POINT Rep 460 VESSCO, INC. 8217 Upland Circle Chanhassen, MN 55317 (952) 941-2678 FAX (952) 941-0796 Bill To: Accounts Payable JOHN T. JONES CONSTRUCTION P.O. BOX 2424 FARGO. NO 58108 ~e.CE.",EO \U~ "\ 11\\\\tl - .' ot'\~S jOr\N';~~C1\ON cOt'\5 , INVOICE 36812 Date 06/05/06 Terms Ship To: JOHN T. JONES CONSTRUCTION . C/O ST. JOSEPH WTP 29771 FRONTAGE ROAD ST. JOSEPH, MN 56374 TAX 10 Ship Info. 29817,29818 Customer Phone (701) 232-3358 MN Item Num Description I Order: Ship BIO Unit Price .1 Ext Price l 999EQ 92784234" SAW wI HW 2 2 0 0.00 0.00 999EQ . 90705934" PEC wI LV-4 7 7 0 0.00 0.00 999EQ 92784316" SAW wI HW 3 3 0 0.00 0.00 999EQ 90701096" PEC wI LV-6 3 3 0 0.00 0.00 999EQ 9352706 8" SAW wI CW 1 1 0 0.00 0.00 999EQ 93532598" SAW wI HW 8 8 0 0.00 0.00 999EQ 935477710" SAW wI HW 4 4 0 0.00 0.00 999EQ 9354771 10" SAW wI CW 1 1 0 0.00 0.00 999EQ . 9278412 12" SAW wI HW 2 2 0 0.00 0.00 999EQ 9362531 12" SAW wI CW 1 1 0 0.00 0.00 999EQ 9383981 16" SAW wi CW 2 2 0 0.00 0.00 999EQ 937518616" SAWw/HW 1 1 0 0.00 0.00 999EQ 9391037 24" SAW wi CW 1 1 0 0.00 0.00 250-0 6" Check valve, 6" cushioned swing 3 3 0 0.00 0.00 250-0 8" Check Valve, 8" cushioned swing 3 3 0 0.00 0.00 250-0 10" 1 0" Check Valve Cushioned Swing 1 1 0 0.00 0.00 2004" I 0 I 0.00 4" Rubber Flapper Check Valve 1 1 0.00 200 6" 6" Rubber Flapper Check Valve 1 1 0 0.00 0.00 910 Equipment Package 1 1 0 35,292.00 35,292.00 - ORDER COMPLETE Amount Tax Freight Invoice Total NEW ADDRESS 8217 UPLAND CIRCLE CHANHASSEN MN 55317 Inyoice 0003-6812: Page 1 of 1 \ 1j ~ ~ ~ 35,292.00 2,293.98 0.00 37,585.98 HAWKINS WATER TREATMENT 3100 EAST HENNEPIN AVE MINNEAPOLIS, MN 55413 2923 612-331-6910 . DATE BILL OF LADING INVOICE NO. OS/22/06 852642 813636 CUSTOMER NO. 437801 SHIPPED VIA SALESMAN WHSE TERMS JOHN T JONES CONSTRUCTION 2213 7TH AVENUE NORTH PO BOX 2424 FARGO, ND 58108 JOHN T JONES CONSTRUCTION C/O ST JOSEPH WTP 29771 FRONTAGE ROAD ST JOSEPH, MN 56374 CUSTOMER ORDER NUMBER 0503-06 UNITS PACKAGE 1 1EITEM 1 1.0EITEM 1 1. OOEITEM 1 1.000EITEM ;~ ~C~C.iVED .&.,\1"..... jUN 0 8 2006 ,JOHN T. JONES ::::ONSTRUCTION . F.O:S. DATE SHIPPED OS/22/06 LARRY W 3 31 NET 30 DESCRIPTION UNIT PRICE TOTAL QUANTITY AMOUNT CL500030101XX ANALYZ 1 6650.0000 6650.0 PRODUCT NUMBER: -32740 R-406 POWER CORD 1 .0000 .0 PRODUCT NUMBER: -32741 A-1806 BUFFER SOLUTI 1 .0000 PRODUCT NUMBER: -32742 C-BM-415 PRESSURE RE 1 .0000 PRODUCT NUMBER: -32743 MERCH TOTAL TAX 6650.0 432.25 *** NOTE NEW REMIT TO ADD ESS *** ~ ~ . THIS INVOICE IS DUE AND PAYABLE WITHIN 30 DAYS. TOTAL V7082.25 . ..________ No Discounts on Freight or Containers IMPORTANT: All products are sold without warranty of any Icind and purchasers wiN, by their own tests. determine suitability of such productS for their OW" use Seller warrants thai all goods cx:Nered by this irM>ice were produeed in ~~nce WIth the requirements 01 the Foir lobor Stondords Act ot 1938. as omen<led. Containel$ oro to be paid lor in fuR. as invoiced. ond lull refund will be mode promptly. provided containers are returned to original point of shipment Return freight charges to be prepaid. The containers returned must be _the same originally Shipped. and show no tMdence of abuse. or use tor purposes other that the storage of 'origtnal containers. NO CLAIMS FOR LOSS, DAMAGE OR LEAKAGE ALLOWED Afl1;R DElIVERY IS MADE IN GOOD CONIllT1ON, HAWKINS, INC. PO BOX 9171 MINNEAPOLIS, MN 55480-9171 An Affirmative Action. Equal Opportunity Employer lie. ~ti. www.hawkinsinc.com 100 TO: INVOICE 25528 BREUER METAL CRAFTSMEN INC. 500 BEICHL AVE. BEAVER DAM, WI 53916 CUSTOM METAL FABRICATING IN ALUMINUM-STEEL-STAINLESS-BRONZE-BRASS FAX-920-885-2831 920-885-2828 SHIP TO: RECEIVED MAY 2 5 2006 JOHN T. JONES CONSTRUCfION PO BOX 2424 FARGO, NO 58108 nv Date 052306 ur Job 4464 Plant 2 ST JOSEPH wrP/JOHN T JON 29771 FRONTAGE RD ST JOSEPH, MN 56374 .JOHN 1. jONES CONSTRUCTION Shipped 051706 Via GAMBLER Your Order FOB JOBSITE W/O # 4464 - 3 Terms: Net 30 Days - No Retainer W/O # 4464 - 4 W/O # 446. - 5 W/O # 446' - 6 W/O # 4464 - 7 3 UNIT STEEL GALVANIZED COLUMNS -- SILL P--JAMB PLATES 8 UNIT PIPE GUARDS AT GARAGE 8 UNIT ANGLE LINTELS AT FOUNDATION AND LOWER LEVEL NORTIl 10 UNIT BEAM/PLATE LINTELS GALVANIZED LOWER LEVEL soum 15 UNIT BEAM/PLATE GALVANIZED LINTELS MID LEVELS MID LEVEL 6 UNIT BEAM / PLATE GALVANIZED LINTELS - UPPER LEVEL TIllS IS A PARTIAL - WAITING FOR FREIGHT BILL PO # 0503 - 04 SUB TOTAL 29,125.92 PLUS TAX 1,893.18 . ~a. ~ 3J~-~~ 7D70 ~d INV TOTAL 31,019.10 ORIGINAL . -, INVOICE 25593 BREUER METAL CRAFTSMEN INC. 500 BEICHL AVE. BEAVER DAM, WI 53916 CUSTOM METAl. FABRIC...T1NG IN ALUMINUM-STEEL-STAINLESS-BRONZE-BRASS FAX-92.0-8B5-2B31 920-885-2828 SHIP TO: 100 ' JOHN T. JONES CONSTRUCfrON PO BOX 2424 FARGO, ND 58108 ST JOSEPH WTP/JOHN T JON 29771 FRONTAGE RD ST JOSEPH, MN 56374 Inv Date 053006 Shipped 051706 vi a GAMBLER OUr Job 4464 Plant 2 Your Order FOB JOBSITE Terms: Net 30 Days - No Retainer W/O # 4464 - 3 FREIGlIT BY GAMBLER FOR 3 UNITS STEEL GALVANIZED COLUMNS -- SILL P -- JAMB PLATES -- 8 UNITS PIPE GUARD GARAGE W/O it 4464 - 5 FREIGHT BY GAMBLER FOR 10 UNITS BEAM/PLATE LINTELS GALVANI ZED AT LOWER LEVEL SOUTH: W/O it 4464 - 6 FREIGHT BY GAMBLER FOR 15 UNIT BEAM/PLATE GALVANIZED LINTELS MID LEVEL ' w/O # 4464 - 7 6 UNIT BEAM!PLATE GALVANIZED LINTEL - UPPER LEVEL PO -if 0503-04 SUB TOTAL PLUS TAX 469.48 30.52 INV TOTAL 500.00 ORIGINAL ..---------.. t . :It.n C' '" '00 ,...... T p"" ;::::It 1.' . J;::t n ~. JaI.l U Tn: T T Q n n? Q T u.n ,... Jun 22 06 10:44a DIana 06/21/2006 10:52 FAX 701 235 8823 Jun.20. 2006 2:~SPM Toung -r "" ( ~u ( JOHN T.. JONES VESSCO, INC. 8217 Upland Circle Chanhassen. MN 55317 8ill To: Accounts PClyabie JOHN T. JONES CONSTRUCTION P.O. BOX 2424 FARGO. NO 58108 Ship To: JOHN T. JONES CONSTRUCTION C/O ST. JOSEPH WTP ' 29711 FRONTAGE ROAD ST. JOSEPH. MN 56374 tern Num Description , .- cction II 113721alrWash bl .. .... 99EQ 5LB blower 99-PT base and helt .r?ua .. es.-PT v drives wI ~re 99-PT 25 hp motor. tei:: 99.PT da motor base . 99-PT lIex connectors . g..pr dlscharg~ silencer 99-PT Inlet silencer - . .. 99-PT inlet filter w/spare 99-PT dll'ferential gauge 99-PT pressure relief val PT (;heel< valve ., u.... 9-PT soleno~ valve ." 99.PT' thermometer .., ... 99-PT gauge , . 10 I \ Alrwash Blower E - . . .- ., -. . ........ I S 9 9 9 9 9 9 99 9 9 9 9 999- 99 9 9 9 I PARTIAL SHIPMENT Invoice 0003-6925: Page 1 of 1 , It-U tV ... JTJ ST JOSEPH .- . - ~OOl N().3595 p. 1 (952) 941-2678 FAX (952) 941~0796 INVOICE 36925 Date 06120106 Terms Order # 21853 OrOered 12108/05 Cust Account # 1110-63 Job'fl: 2005109 Cust PO # -:- 0503-07 ,.' . Ship Via BEST Shipped 06/09/06 FOB SHIPPING POINT Rep 980 Ship Info Customer Phone {701) 232-3358 ower ~~n': \ 1 l 1 '~I'" ~ ,"'r- ~ ". .' \'""1 1 I 2 2 .. I 1 1 -- T' 1 1 .-- I "'1 1 '-'I 1..... -" I" 1 . \. 1 1 "'1 1 .. - 1 1 1 1 '1 1 1 f' 1 \-. 1-'" - . rd .. belts filters ve quipment ~-~... \ ~'i' t{~c..hei - 6 -forecl . ()~ i71 .sk lIed ? ;km -# {1r... CoM:\. 6h.e-'?f? TAX 10 1 1 BlO o o o o o o o o o o o o o o o o o Unit Price 0.00 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 13,000.00 MN Ext Prlc:e 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,000.00 -- 13,000.00 845.00 0_00 13.845.00 48aLL- .-t!f\tl}l; r ljkcll\).vn~: ".if / WD:a.~-(iFtlJ GUi btmt ' ~'}p;-1r; - J/IL.~~/cr I ~'lt-4ih ~ Amount Tax Fre\g~~_ Invoice Total Quantity Work Materials Total Estimated Bid Unit Installed to Completed From Previous Presently Completed and Item No. Item Unit Quantity Price Bid Price Date to Date Apolication This Period Stored Stored to Date 0211.501 Excavation C.Y. 2,000.00 $ 8.05 16,100.00 2,000.00 16,100.00 4,025.00 12,075.00 16,100.00 0211.502 Borrow Material C.Y. 12,000.00 $ 14.26 171,120.00 1,188.00 16,940.88 16,940.88 16,940.88 0211.503 Topsoil Borrow Material C.Y. 2,200.00 $ 26.45 58,190.00 - - - 0237.001 Fiber Loa (Bio Roll) Ditch Check L.F. 35.00 $ 3.45 120.75 - - - 0237.002 Rock Entrance S.Y. 300.00 $ .80.50 24,150.00 250.00 20,125.00 20,125.00 20,125.00 0237.003 Silt Fence L.F. 600.00 $ 5.75 3,450.00 600.00 3,450.00 3,450.00 - 3,450.00 0237.004 Erosion Control Blanket S.Y. 1,500.00 $ 2.88 4,312.50 - - - 0237.601 Random Riprap, Class I C.Y. 18.00 $ 40.25 724.50 - - - 0238.601 Random Riorao, Class II C.Y. 26.00 $ 40.25 1,046.50 - - 0251.002 Aaareaate Base (Class 5) C.Y. 670.00 $ 26.45 17,721.50 - - - Type LV3 Non-wearing course 0251.003 mixture Ton 380.00 $ 52.90 20,102.00 - - - 0251.004 Type LV4 Wearing course mixture Ton 280.00 $ 52.90 14,812.00 - - - 0251.{)05 Bituminous Tack Coat Gal 170.00 $ 1.73 293.25 - - - 0251.006 Curb and Gutter L.F. 1,860.00 $ 11.73 21,817.80 - - - 0251.007 Concrete Walk S.Y. 100.00 $ 33.58 3,358.00 - - - 0251.008 4" White Pavement Strioina L.F. 600.00 $ 0.29 172.50 - - - 0251.009 Handicap Stall Paintina L.S. 1.00 $ 80.50 80.50 - - - 0251.010 Sign Post Each 1.00 $ 632.50 632.50 - - - Complete Installed Package 0253.601 Grinder Pump Station L.S. 1.00 $ 8,050.00 8,050.00 - - 6,452.16 6,452.16 0254.001 Watewater Holdh1aTank . L.S. 1.00 $21,275.00 21,27.5.00 - - - 0254.002 SanitarY Manhole & Casting L.S. 1.00 $ 3,220.00 3,220.00 1.00 3,220.00 3,220.00 0254.003 Small Diameter Force Main L.F. 120.00 $ 28.75 3,450.00 - - 1,677.47 1,677.47 0254.004 6" PVC Gravitv Sewer Pipe L.F. 240.00 $ 46.00 11,040.00 - - 2,119.21 2,119.21 0254.005 8" DIP Gravitv Sewer Pipe L.F. 10.00 $ 115.00 1,150.00 - - 1,150.00 1,150.00 0266.006 8-inch DIP Water Main, Class 52 L.F. 1,870.00 $ 50.60 94,622.00 1,464.00 74,078.40 4,048.00 70,030.40 9,151.24 83,229.64 0266.016 16-inch DIP Water Main, Clase 52 L.F. 220.00 $ 103.50 22,770.00 - - 10,464.33 10,464.33 0266.050 DIP Fittinas LBS. 3,200.00 $ 3.45 11,040.00 398.00 1,373.10 1,373.10 7,845.60 9,218.70 0266.060 6-inch Gate Valve and Box Each 4.00 $ 799.25 3,197.00 3.00 2,397.75 2,397.75 164.16 2,561.91 0266.080 16-inch Butterflv valve and box Each 1.00 $ 2,817.50 2,817.50 - - 2,817.50 2,817.50 0266.090 Hydrant Each 4.00 $ 2,404.65 9,618.60 3.00 7,213.95 7,213.95 2,039.39 9,253.34 0272.412 12-inch Storm Sewer L.F. 200.00 $ 36.80 7,360.00 62.00 2,281.60 2,281.60 2,305.98 4,587.58 0272.415 15-inch Storm Sewer L.F. 100.00 $ 42.55 4,255.00 - - 2,263.55 2,263.55 0272.512 12-inch RCP ADron wlTrash Guard Each 5.00 $ 382.95 1,914.75 2.00 765.90 765.90 1,148.85 1,914.75 0272.515 15-inch RCP ADron wlTrash Guard Each 2.00 $ 428.95 857.90 - - 628.35 628.35 0272.811 Catch Basin, Type H Each 10.00 $ 345.00 3,450.00 - - - 0272.812 Catch Basin, Desian 4020 Each 15.00 $ 552.00 8,280.00 - - - 0282.001 Chain Link Fence - Vinyl L.F. 220.00 $ 23.00 5,060.00 - - - 0282.002 Slide Gate with Ooerator Each 1.00 $20,225.00 20,225.00 - - - Select Topsoil Borrow for Planting 0292.001 Beds C.Y. 115.00 $ 17.25 1,983.75 - - - 0292.002 Soddina, Lawn Type S.Y. 2,200.00 $ 4.89 10,752.50 - - - 0292.003 Mulch, TVDe 3882 Tvoe 7A Ton 10.00 $ 80.50 805.00 - - - 0292.004 Shredded Hardwood Mulch C.Y. 38.00 $ 72.45 2,753.10 - - - MnlDOT 330NSS - Native Sandy 0292.'005. Short Mix with Forbs Acre 4.50 $ 2,070.00 9,315.00 - - - Mn/DOT 310BWT - Native WetMix 0292.006 with Forbs Acre 0.50 $ 2,599.00 1,299.50 - - - Common Hackberry/Celtis 0293.001 Occidentials 2/0" CAL., B&B Each 14.00 $ 427.80 5,989.20 - - Bur Oak/Quercus Macrocarpa 2.5" 0293.002 CAL.,B&B Each 8.00 $ 534.75 4,278.00 - Pin Oak/Quercus Ellipsoidalis 2.1" 0293.003 CAL., B&B Each 12.00 $ 469.20 5,630.40 - Austrian Pine/Pinus Nigra, 10' HI., 0293.004 B&B Each . 6.00 $ 667.00 4,002.00 - - - Black Hills Spruce/Picea Glauca 0293.005 Densata, 6' HI., B&B Each 25.00 $ 394.45 9,861.25 - - Scotch Pine/Pinus Sylvestris, 8' 0293.006 Ht.,B&B Each 3.00 $ 510.60 1,531.80 - - - Bush HoneysucklelDiervilla 0293.007 Lonicera, 24" CONT. - Each 53.00 $ 37.95 2,011.35 - - - Dwarf Bertie Ferris DaylilylHemerocallis " Bertie Ferris 0293.008 Dwarf,.12" CONT. Each 36.00 $ 17.25 621.00 - - - Dwarf Happy Returns DaylilylHermerocallis "Happy 0293.009 Returns Dwarf, 12" CONT. Each 36.00 $ 17.25 621.00 - - Dwarf Stella De Oro Daylily/Hemerocallis "Stella De Or! 0293.010 Dwarf, 12" CONT. Each 36.00 $ 17.25 621.00 - St. Joseph Schedule B Unit Prices 663,932.90 144,726.58 11,523,00 133,203.58 53,447.79 198,174.37 ~Cretex Concrete Prc:x:iJcIs North, Inc. 6550 Wedgwood Road. PO Box 1660 Maple Grove. MN 55311-666 PH: (763) 545-7473 John T. Jones Construction Co. PO Box 2424 2213 7th Avenue North Fargo, NO 58108 Page 2 of2 Invoice: Invoice Date: Due Date: Cretex Order #: Customer PO #: Customer #: Delivery Order #: 5000007947 OS/23/2006 06/23/2006 216028 216028 138780 050000024299 . Ship To: WATER TREATMENT FACILITY ST. JOSEPH, MN Bill of Lading / Description Structure Number Amount Pieces Feet Unit Price RECE.IVED MAY 2 6 2006 JOHN T. JONES CONSTRUCTION *Invoices are due Net 30 Days. *Past Due Amounts are subject to 1 1/2% Finance Charge. , r'\> \...i'L _\~ ~\\__., :.....~ ~ r\. .''-. {fl' ~ J z / tJ2- ~ To ensure proper credit, please detach this portion and return with remittance Order Subtotal Discount Freight Misc Charges Coring Charges Minnesota State Sales Tax 4,470.60 (804.71 ) 0.00 0.00 0.00 238.28 Net Total $3,904.17 06/23/2006 Due Date CRETEX CONCRETE PRODUCTS NORTH, INC. 6550 Wedgwood Road, PO Box 1660 Maple Grove, MN 55311-666 Phone: (763) 545-7473 REMIT TO: Cretex Concrete Products North, Inc. NW 5644 PO Box 1450 Minneapolis, MN 55485-5644 John T. Jones Construction Co. Customer No: 138780 Invoice No: 5000007947 Invoice Date: OS/23/2006 Due Date: 06/23/2006 Amount Due: $3,904.171 Amount Enclosed: Page 1 of 2 ~~~ North, Inc. 6550 Wedgwood Road, PO Box 1660 Maple Grove. MN 5531 H366 PH: (763) 545-7473 John T. Jones Construction Co. PO Box 2424 2213 7th Avenue North Fargo,ND 58108 Invoice: Invoice Date: Due Date: Cretex Order #: Customer PO #: Customer #: Delivery Order #: S000007947 OS/23/2006 06/23/2006 216028 216028 138780 OS0000024299 Ship To: WATER TREATMENT FACILITY ST. JOSEPH, MN Bill of Lading I Description Structure Number Pieces Feet Unit Price Amount 050000024299 40X 6 CB BASE SLAB CB101 1.00 102.00 102.00 27X2.5 TW CB CB101 1.00 2.50 54.00 135.00 40X 6 CB BASE SLAB CB102 1.00 102.00 102.00 27X2.5 TW CB CB 102 1.00 2.50 54.00 135.00 48X2.0 UNI-SET CB104 1.00 0.00 384.00 384.00 48X2.2 INVRTBASE S P2 SAMH 1.00 439.40 439.40 48X 4.0 27TOPEMHCS P2 SAMH 1.00 4.00 102.00 408.00 48 INCH P2 GASKET SAMH 1.00 0.00 0.00 MH CONNECTOR 11-06:00 SAMH 2.00 75.00 150.00 MH CONNECTOR 11-08:00 SAMH 1.00 76.00 76.00 48X1.8 UNI-SET 5T103 1.00 0.00 364.80 364.80 48 4020G COVER 27 HOLE ECC ST103 1.00 246.00 246.00 48X2.0 UNI-SET ST105 1.00 0.00 384.00 384.00 48 4020G COVER 27 HOLE ECC ST105 1.00 246.00 246.00 48X2.2 UNI-SET ST106 1.00 0.00 403.20 403.20 48 4020G COVER 27 HOLE ECC ST106 1.00 246.00 246.00 48X2.2 UNI-SET ST107 1.00 0.00 403.20 403.20 48 4020G COVER 27 HOLE ECC ST107 1.00 246.00 246.00 RECEiVED MAY 2 6 2006 JOHf~ l' J::';i'.,~E.S COl\!S'fR:.!CTiON u.;v-.;.,;......-;.-- (\1 '- ~\l u""; C I'-Nl'ifj moa; ~.........-! 0-0 '0 W' Z W o!;t . a: en .zc~~5 owwa:oJ: ZO~W~W UlOOocn~ <:)>>o::=>> ~~~oo> IJ J ;:. <0 (') <0 - It) .b " C\I (') - 0 U 0 '<tel) - C\J > 0 '" - '" 1- z ~ - j ;i i2 J <9 ~ U ~ a: ~ LE'<I' . 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":-" (Q ::: G") : ::: ::: .L .-: .H;:C; ::f; <I =:-1 :I:.-l ... 0:::::",) CJ <I )-- c; I Attachment: ~ or No REQUEST FOR COUNCIL ACTION DATE: July 6, 2006 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Temporary Outside Music/Liquor Permit PREVIOUS ACTION RECOMMENDED BOARD ACTION Authorize the Mayor and Administrator to issue a Temporary Outside Music/Liquor Permit for the Stonehouse Tavern for events to be held on July 12, August9, and September 13,2006 contingent upon no noise violations after each event. FISCAL IMPACT COMMENTS/RECOMMENDA TIONS <.:m ~ bT..JOSDH Fee Paid Date Paid If / tit) . o/d 7/tJ~ ( Application for Temporary Outside Music/Liquor Permit This applcation must include a detailed site plan to include screening, ingress/egress, event layout and approrpriate fee. ~--Liu~n&<- -- Address of Licensed Premise :JO Ie CJ2- . IS Date of Ouside Activityll/1_t!?{tf1 q IrS StartTime "l : u""O Name of Applicant End Time q~.~ Type of Activity ,.~{,~ Square Footage of Area used for Outdoor Event } c;t Is the area for the Outdoor Event currently screened? f$ Yes The Area is screened as follows: .2l;("nAj~ C No Liquor cannot be served outside unless the area is screened as required in St. Joseph Ordinance 71.11 Ingress / Egress will be controlled by The area to be used for the outdoor event includes a tent that will cover the entire area. C: Yes ~No Estimated Number of people attending the event 1c; Number of employees working for the event .~ This type of event has occurred in the past If problems, please describe: 1 \.V11'l- Other than general conversation, what additional noise will be generated from the event? I?-;af~ ~t4:::> I \,t1'tl'~4L ttit~lJc}'l2~'1L ~ ~J\.-ej4- <;buj,{j,,~ * Cfl- IS C Yes, without problem r:jJ Yes, with problems C No The following mesures will be taken for the protection of the public health and safety, including noise mitigation U:l,'1111.U1I' tt~ LvI f~~ ~'1 l'lek{rU~ 2 Please describe in detail additional security measures planned for the event 2 lfl(')1{ ~ ~~h~G,VtA Date Signature For Office Use Only - Police Department Review Comments The Application for Outdoor Music/Liquor was received by the Police Chief on: 1f{~3'O 6 In reviewing the application, the following items have been reviewed and comments have been included to reflect conditions of the Outdoor Event Permit. Security [J The event requires additional security Number of security personnal needed A/o/<lI_ The event includes alcohol I;t" )L~ [J No Positioning of additional security Yes Screening includes Public Health and Safety Concerns - The following items are concerns that have been adequately addressed. Check applicable concerns and identify mitigation [] Parking [] Traffic ~ Noise Debris /J/p/.>r j4#t"P1.k/ ;:i/ /tf:.Jfrt/h,ep4"orA, /l"et!./ hse"; ftlv~;;~12.f-a<:..J Other Based on the application and comments above I recommend the City Council: JK! Approve the application and issue the permit based on the comments above C Deny the application based on the following: ~'.:.1 J'rO ~ Date For Office Use Only -Administration Review This application came before the St. Joseph City Council on information and evidence presented, the Council hereby' resolves: . Based upon the r The application is granted subject to the terms and conditions set forth in the applicationa and recommended by the Police Department hereafter modified The application is denied based upon the following findings: .. Judy Weyrens, Administator Richard Carlbom, Mayor I Attachment: Yes orNo REQUEST FOR COUNCIL ACTION Consent Agenda Development Agreement Amendment - Northland Heights DATE: July 6,2006 ORIGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Development Agreement Amendment - Requested Action: Authorize the Mayor and Administrator to execute the Development Agreement Amendment for Northland Heights. PREVIOUS ACTION In 2005 the City authorized the execution of the Development Agreement for Northland Heights. The agreement provided for the public improvements for the development of 88 homes. The improvements were scheduled to be completed June 30, 2006. At this time all the improvements have been completed except for the small utilities, electric, gas and communications. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the Development Agreement Amendment between the City of St. Joseph and Lumber One. FISCAL IMP ACT COMMENTSIRECOMMENDA TIONS Lumber One has sold a number of the lots and need to begin construction. As staffwe have met and agreed that Lumber One could move forward if they agreed to certain conditions. Those conditions are all included in the Amendment and it has been executed by Lumber One. Therefore, staff is recommending approval of the amendment authorizing the issuance of building permits. CITY OF ST. JOSEPH AMEl\TJ>MENT 'FO DEVELOPER AGREEMENT TIllS AGREEMENf, made and entered into this _ day of June, 2006, by and between Lumber One Development Co~y., LLC .hereinafterca11edthe "Developer"~and the City .of 5t. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". RitCITALS: Whereas, the Developer and the City entered into a Development Agreement on August ,--,,2005 (the "Agreement") regardingi:he Development of real property platted as N.orthland Heights, legally described in the attached Exhibit A (the "Development"); Whereas, the Agreement provided that the City would install improvements in the Development; Whereas, the Developer was required by that Agreement to arrange for the installation of private utilities, sotbat the City .could complete Lhe impfQv.ements, except fornnal wear c.ourse, by June 30, 2006; Whereas, the Developer has used best efforts to secure the installation of private utility lines including communi.cations, gas and .electric utilities and has been unsuc-cessful; and Whereas, both parties desire that the Agreement be modified to allow for the issuance of building permits for pr-Operties included in the Development; Now, therefore, in consideration of the mutual covenants expressed herein, IT IS ImREBYAGRElID AS FOLLOW& 1. The Developer shall complete all installations, except private utilities, required by the Agreement on or before June 30., 2006, The Deve10per shall arrange far the installatian .of the private utilities as s.oan,as reasonably ,practicable. 2. The Developer Woos to reimburse the City far any and all additianal costs 1 incurred by the City for the installation of private utility lines after June 30, 2006, including,' but not limited toeom toremobilizethecQJltractor~oomplynw with .NPDESpermit'erosioneantrol measures, and labor and materials or repair, sidewalk, re-grading, re-seeding or sodding the publicright,ohvay. IheDeveloperagrceesw pay such costs to the City within 30 days afreceipt Gfa written invoice. 3. The Developer agrees that soil and other materials removed to allow the installation of private utility Jines.shallbe loCated in the Development outside of the public easementarea. The City.agrees to stake the public easement area. 4. The Developer agrees to provide revised as-builts to show the utilities upon completion of installation. 5. The'Developer agrees to reset the property pins and provide a survey verifying the property lines. 6. The City agrees that building permits may be issued for the Development prQperties,.proVidedthatall pther tennsof the ~eement are complied with by the June 30, 2006 deadline. . . 7. All other terms and conditions of the Developer Agreement, not expressly modified by this a4mendment, shall remain in :full force.and effect, inc1udin8 the City's .right to deny building pennitsTOf any other reason not.addressedherein. -- Signed and executed by the parties hereto on thisr2Zday .of _."..J.._~1/1:.~. '.., .2006 ATTEST CITY OF ST. JOSEPH By Judy Weyrens, City Administrator/Clerk By Richard Carlbom, Mayor (SEAL) DEVELOPER: LUMBER 01'iEOO\,1,ELOPMENT COMPANY, LLC Bi~:0~/)/~ Name 1e.eK' )"~. e:/ Title etA" t' )1.tt~e.Jr-( 2 STATE OF MINNESOTA ) )ss COUNTY OFSTEAR..1\TS ) On this ~ day of . 2006, before me, a notary public within and for said Coumy,personallyappearedRiohard Catlbamand Juo.Y Weyrens, tome personally known, who, being each by me duly sworn did say that they are respectively th~ Mayor and the City Administrator/Clerk of the City of 81. Joseph,' the municipalcorpor.atiou .named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation; .cand" that said mstrumentwas signed .and sealed .inbehalfof' said JnupJdpal corporation by authority of its City Council and said Mayor and City Administrator/Clerk ackno:\:vledg.edsaidinstrwn.entto be thefTeeactand deed ofsaidcoIpo.ration. Notary Public STATE OF MINNESOTA ) JSs COUNTY OF STEARNS ) S~~~~~~.d 'k~~~=le, a.no~:.::,::;=,: who, being by med. uly sworn, did say tha.. th...e/she is t~e .~h\ ~f~Y}C{~c~~ o. fLumber O~e Development Compa..'1y., LLC,the oompanynam.edlll the foregomg IDS .. . . nt,and thatSa1d instrument was signed and sealed on behalf of said company by authority of its Board of Governors.&Ul saidpe.rsonacknowle4gedsaid instrument to be the :free act and deed of said company. [1 . n ('\ '\ - (, . 'J.. Jl' ~\ i. --rn'- ----j-, \ ) J j '"\ r ('t . '--t' (. t. \ h f . ..)(.....\n. \AA..A_ z--j y-"''>i. \.) ) J 0J.JV \i NO~~tIy Public . CYNTHIA LEE GRUNLOH NOTARY PUaIC. MINNESOTA My Commlssloll Ellpires Jan. 31, 2010 THIS INSTRUMENT WAS DRAFTED BY: Susan M. Dege -.0290385 Rajkowski Hansmeier Ltd. .11 Seven.th .A'V'enue North P.O. Box 1433 St. Cloud, Mi1ltlesota 56302 Telephone: (320) 251-1055 L:\city\stjoe 4 EXHIBIT A LEGAL DESCRlPr:rION OF DIE?ROPERTY Lots 1 through 6, Block One, Lots 1 through 28, Block Two, Lots 1 through 30, Block Three, Lots lthr~ 16" Block Four; Lots.1 thrau~ 3, Block Five; Lots 1 through 5, Block 6; and Outlots A, B and C, of Northland Heights according to the plat tltereofoofiJeand of record .in the Office of the Steams County Recorder. 5 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda SEH Contract DATE: July 6, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM SEH Contract - Requested Action: Authorize the Mayor and Administrator to execute the contract between SEH and the City of St. Joseph for engineering services. PREVIOUS ACTION RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the contract as presented and reviewed by the City Attorney. FISCAL IMP ACT COMMENTS/RECOMMENDATIONS See attached memo from the City Attorney and City Engineer. SEH REceIVED MAY 3 0 2006 CITY OF ST. JOSEPH May 15,2006 RE: St. Joseph, MN General Engineering Services SEH No. A-STJOE 0601.00 1 Judy Weyrens, Clerk/Administrator City of Saint Joseph 25 College Ave N, PO Box 668 Saint Joseph, MN 56374-0668 Dear Judy: As I mentioned to you a few weeks ago, our errors and omissions insurance carrier is conducting an annual audit of our contracting practices. This year they selected as one of the projects to audit the St. Joseph Water Treatment Plant. We do not have a contract in place for the plant project, and I am unable to find a contract on the file for engineering services in general. We had an agreement during the Pauly- Olsen years, buUt must not have survived the merger and office move. It is my understanding that the City also does not have a contract on file. Given this and my impending retirement, this is probably a good time to remedy this situation. I am enclosing a proposed Agreement for Professional Services for your review and consideration. There are two parts to the enclosure. The first is a master agreement which sets forth the general terms of our contractual relationship. The master agreement including exhibits A through D covers most of the work we do for the City including reports and studies, plat reviews, and public improvement projects. Exhibit C-l sets forth compensation on an hourly basis. This is the way we do most of our work for St. Joseph. Exhibit C-2 covers projects or studies where compensation is based on a lump sum fee. The design portion of the water treatment plant was completed on a lump sum basis. The second enclosure is a supplemental letter agreement setting forth services and compensation for the construction phase of the water treatment plant. The letter agreement supplements the master agreement, and is generally used for larger more complex projects. I recommend that both the master agreement and the supplemental letter agreement be reviewed by the City Attorney, and am including aseparatecopyforthispurpose. If the agreement is approved without changes, please sign and return one copy to me. If there are any modifications you wish to make, please let me know; we will make the appropriate revisions and resubmit for signature. Thanks. Sincerely, C:e~~dO~ Principal Jmw Enclosures: Agreement For Professional Services (3cys), Supplemental Letter Agreement for Water Treatment Plant (3cys) c: Tracy Ekola, SEH (w/enc1osures) p:\pt\s\stjoe\common\agreement\l.agreement cover letter 070106.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717. St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com 320.229.4300 800.572.0617 320.229.4301 fax OECFI'i>.,fF".'j, IN. ~=, w b l.~. MAY 2 2 Z006 CITY OF ST, ,IOSEPH May 22, 2006 RE: City of Saint Joseph, Minnesota Water Treatment Plant SEH No. A-STJOE0506.06 Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College Avenue N St. Joseph, Minnesota 56374 Dear Ms. Weyrens: This letter supplements the Agreement for General Professional Services between the City of Saint Joseph (Owner) and Short Elliott Hendrickson Inc. (SEH@) dated July 1, 2006. The supplemental work is described below: Construction Administration and Resident Project Representative (RPR) Services A. Prepare and distribute construction contracts. (Completed) B. Attend and conduct a pre-construction conference with the contractor and Utility staff. (Completed) C. Review project shop drawing submittals from contractor. D. Provide administrative project management services and construction observation during construction. RPR will prepare and maintain necessary documentation and daily log/diary of the contractor's progress. Our proposed fee includes project management and construction observation through the final completion date. E. Review and make recommendation for contractor payment applications.' F. Prepare and administer contract modifications as necessary. G. Upon substantial completion of the project, assist the contractor in performing a complete and successful start-up of the water treatment plant. H. Review operation and maintenance manuals submitted by the individual equipment suppliers. Make sure that the individual equipment suppliers provide training relative to all aspects of operation and maintenance. 1. Prepare and distribute contractor punch lists. J. Provide site visits to check for completion of punch list items. K. Provide three sets of Record Drawings based upon the as-built drawings submitted by the contractor. Our services will be based on an hourly fee in accordance with Exhibit C-1 with a maximum cost of $401,100. Short Elliott Hendrickson Inc., 3535Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Ms. Judy Weyrens May 22, 2006 Page 2 The maximum cost will not be exceeded without a written change of scope. Payment for any additional services, if they are needed, shall be based on the time required to perform the services and the billable rates for the. SEH staff engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C-1. This letter and the Agreement for General Professional Services dated July 1, 2006 with Exhibits A, B, C-1, C-2, and D, accepted by the City of Saint Joseph, represent the entire understanding between the City and SEH with respect to the project, and may only be modified in writing signed by both parties. If this satisfactorily sets forth your understanding of our agreement, please sign both copies of this letter in the space provided below and return one copy to us. If you hiwe any questions or would like additional infonllation, please call me at 651.490.2115. We would be happy to go over this information with you at your convenience. Sincerely, ~f1~ James P. Norton, PE Sf. Principal/Director, Water Services S:\P1\S\Stjoe\050600\1-genl\14-corr\Letter agreement canst services.doc Accepted this day of ,2006 CITY OF SAINT JOSEPH, MINNESOTA By: Title: 1.1 Seventh Avenue North P.O. Box 1433 St. Cloud, MN 56302..1433 320-251-1055 Toll Free 800-445-9617 Fax 320-251-5896 rajhan@rajhan.com www.rajhan.com Frank J. Hajkowskj W0 Gordon H. Hansmeier Frederick L. Grunke Thomas G. Jovanovkh~ Paul 1-\. Rajkowski e Kevin F C1ray v\/ilnam J. Cashman Richard VV. Sobalvarn':l LeAnne f), rvlillfS Susan M. Dege Sarah L. Srnith--Lad<in'" Troy i\. Poet::. Joseph I\fl. 8romejanri Grt.'gof)! J. Haupert Laurel J, PL.:gh Jason T Bretto MatthewVlJ. Moehrif~ V,IWRajkOWSki ., I f Hansmeier lid. ATTORNEYS AT LAW June 26, 2006 Judy Weyrens City Administrator P.O. Box 668 St. Joseph, MN 56374 RE: Review of S.RH. Contracts Our File No. 25077 bear Judy: Enclosed please find revised Agreement for Professional Services between S.E.H. and the City of St. Joseph. This Agreement contains the revisions which we requested from S.E.H. The City may now sign the enclosed Agreement. Also enclosed please find copies of the revised pages which I received from S.RH. The revisions have been highlighted for your reference. Once the City has signed the enclosed Agreement, please return the original to S.E.H., as well as providing a copy to my office. If you have any questions regarding the enclosed, please do not hesitate to call me. Sincerely, RAJKOWSKl HANS1J' EfilR LTD. .~.../. ;/ /' ,f , , Ill. ..~/'. By (JIM' ,i . Thomas G. ~!'iVanov{ch TGJlbaw Enclosure c. Joe Bettendorf Frank J najkoltvski Wid Jason T Bretto are ?aui A. r~aikow5ki and Sarah L. Srnfth-Larkin in Wisconsin, in North Dakota, Gordon H. (~/ansmefer in North Dakota, South Dakota and Cashman in South Dakoi(), and Richard Vi Sobaivarro in North Dakota and South m!Mernbei Board of Trid A,dvoc;;;tes. (leQuali'hed AD? NeutT3L R I::C tr:: ~', ,y -.". ll;; ij",. " ,... JUN 2 7 200B CITY OF BY. JOSEPH SHORT ELLIOTT HENDRICKSON INC. Agreement. for Professional Services This Agreement is effective as of July 1,2006 between City of St. Joseph, MN (Owner) and Short Elliott Hendrickson Inc. (SEH@). This Agreement consists of: Agreement for Professional Services, Exhibit A (optional), Exhibit B the Owner's Responsibilities, Exhibit C-l for Hourly Payments, Exhibit C-2 for Lump Sum Payments and Exhibit D for Resident Project Representative Duties/Responsibilities (optional). Whereas SEH uses a series of exhibits to describe the methods of payment for its services (C-l, C-2, etc.), this Agreement refers to those exhibits collectively as Exhibit C. Individual projects will be described in the Supplemental Letter Agreements with the appropriate exhibits cited. Short Elliott Hendrickson Inc. 1200 25th Avenue South P.O. Box 1717 St. Cloud, MN 56302-1717 /,)..-- By: (-{ By: Title: By entering into this Agreement, Owner agrees to utilize the professional services of SEH and SEH agrees to provide the professional services described in this Agreement. This Signature Page, the Agreement and Exhibits along with any Supplemental Letter Agreements represent the entire understanding between Owner and SEH with respect to the services to be provided by SEH and may only be modified in writing signed by both parties. In the event of any conflict between the documents listed above as part of this Agreement, the Agreement for Professional Services shall govern over all other documents with Exhibit B, Exhibit D, Supplemental Letter Agreements and Exhibit A following in order of precedence. City of St. Joseph, Minnesota 25 College Avenue North, PO Box 668 St. Joseph, MN 56374-0668 By: Title: By: Title: Section I - Services of SEH A. General 1. SEH agrees to perform professional services as hereinafter stated and as set forth in Exhibit A and/or the Supplemental Letter Agreement. 2. SEH shall serve as the Owner's professional representative and provide all engineering, architectural, environmental and planning services to which this Agreement applies, and shall give consultation and professional advice to the Owner during the performance of its services, to the extent agreed upon and stated in Exhibit A and/or the Supplemental Letter Agreement. 3. If authorized by Owner, SEH shall furnish Resident Project Representative(s) with duties, responsibilities and limitations of authority as set forth in Exhibit D. B. Services not Provided I. Owner acknowledges SEH will not direct, supervise or control the work of 9ontractors or their subcontractors, nor shall SEH have authority over or responsibility for the contractors means, methods, or procedures of construction. SEH's services do not include review or evaluation of the Owner's, contractor's or subcontractor's safety measures, or job site safety. Short Elliott Hendrickson Inc. (Form 07/20/04) Agreement - 1 City of St. Joseph, MN Section II - The Owner's Responsibility A. General 1. Owner shall have the responsibilities set forth herein and in Exhibit B. Section III - Period of Services A. General 1. SEH's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the services to be provided. Unless specific periods of time or specific dates for providing services are specified in this Agreement, SEH's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. 2. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or dates are changed through no fault of SEH; the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If Owner has requested changes in the scope, extent, or character of the Project or the services to be provided by SEH, the time of performance and compensation for SEH's services shall be adjusted equitably. 3. For purposes of this Agreement the term "day" means a calendar day of 24 hours. B. Agreement to Continue Unless sooner terminated as provided in Paragraph V.l. this Agreement shall remain in force: 1. For a period which may reasonably be required to complete the services authorized by the Owner, including extra services and any required extension thereto. C. Suspension 1. If Owner fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if SEH's services are delayed through no fault of SEH, SEH may, after giving seven days written notice to Owner, suspend services under this Agreement. 2. If SEH's services are delayed or suspended in whole or in part by Owner, or if SEH's services are delayed by actions or inactions of others for more than 90 days through no fault of SEH, SEH shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by SEH in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. . Section IV - Opinions of Cost A. Opinions of Probable Construction Cost 1. If requested in Exhibit A, SEH may provide an opinion of Probable Construction Cost. SEH's opinions of Probable Construction Cost provided for herein are to be made on the basis of SEH's experience and qualifications and represent SEH's best judgement as a professional generally familiar with the industry. However, since SEH has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, SEH cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of Construction Cost prepared by SEH. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 2. SEH assumes no responsibility for the accuracy of opinions of Probable Construction Costs. B. Designing to Construction Cost Limit 1. If a construction cost limit for a project is established between Owner and SEH, such construction cost limit and a statement of SEH's rights. and responsibilities with respect thereto will be specifically set forth in the Supplemental Letter Agreement related to that project. Section V - General Considerations A. Standards of Performance 1. The standard of care for all professional engineering and related services performed or furnished by SEHunder this Agreement will be the care and skill ordinarily used by members of SEH's profession practicing under similar circumstances at the same time and in the same locality. SEH makes no warranties, express or implied, under this Agreement or otherwise, in connection with SEH's services. 2. SEH shall serve as Owner's prime professional and shall perform or furnish all professional engineering, architectural, environmental, phuming and related services to which this Agreement applies. SEH may employ such Consultants as SEH deems necessary to assist in the performance or furnishing of the services. Short Elliott Hendrickson Inc. (Form 07/20/04) Agreement - 2 City of St. Joseph, MN . SEH shall not be required to employ any Consultant unacceptable to SEH. 3. SEH shall not be required to sign any documents, no matter by whom requested, that would result in SEH having to certify, guarantee or warrant the existence of conditions whose existence SEH cannot ascertain. Owner agrees not to make resolution of any dispute with SEH or payment of any amount due to SEH in any way contingent upon SEH's signing any such certification. 4. SEH neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the Contract Documents. 5. SEH shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except SEH's own employees) at the site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of SEH. 6. SEH will provide field surveys and topographic and utility mapping - for design purposes only. Utility mapping will be based on information obtained from utility owners, and SEH makes no express or implied warranties, guarantees, representations or promises as to the accuracy of such information obtained from the Utilities or the lack of such information when -not supplied, and shall not be responsible for any variance or deviation of the existing utility locations from those represented by the Utilities as part of SEH's utility mapping service. SEH shall not be responsible for any scheduling or coordination of utility work either prior to or during construction. 7. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions. B. Authorized Project Representatives 1. Contemporaneous with the execution of this Agreement,SEH and Owner shall designate specific individuals to act as SEH's and Owner's representatives with respect to the services to be performed or furnished - by SEH and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. c. Indemnification 1. Notwithstanding the Scope of Services to be provided by SEH pursuant to this Agreement, it is understood and agreed that SEH is not a user, handler, generator, operator, treater, storer, transporter or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by SEH. The Owner agrees to hold harmless, indemnify and defend SEH and SEH's officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of SEH's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the. Owner and included within SEH's services to be provided under this Agreement. 2. To the fullest extent permitted by law, SEH shall indemnify and hold harmless Owner, Owner's officers, directors; partners and employees from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of SEH or SEH's officers, directors, partners, employees and SEH's Consultant in the performance and furnishing of SEH services under this Agreement. 3. To the fullest extent permitted by law, Owner shall indemnify and hold harmless SEH, SEH's officers, directors, partners, employees, and SEH's Consultants from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or Short Elliott Hendrickson Inc. (Form 07/20/04) Agreement - 3 City of 81. Joseph, MN omissions of Owner or Owner's officers, directors, partners, employees and Owner's Consultants with respect to this Agreement or the Project. D. Limitations on SEH's Liability 1. The Owner hereby agrees that SEH's total liability to the Owner for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to a Project or this Agreement from any cause or causes including, but not limited to, SEll's negligence, errors, omissions, strict liability, breach of Contract or breach of warranty shall not exceed the maximum value of insurance coverage carried by SEH, including any deductible or retention. As of the date of this Agreement, SEH carries a coverage limit of $5,000,000.00. SEH agrees to maintain insurance coverage at or above this limit as long as this Agreement is in effect. . 2. SEH's total liability to Owner and anyone claiming by, through or under Owner for any cost, loss or damages caused in part by the negligence of SEH and in part by the negligence of Owner or any other negligent entity or individual, shall not exceed the percentage share that SEH's negligence bears to the total negligence of Owner, SEH and all other negligent entities and individuals. E. Reuse of Documents 1. All documents, including computer software, drawings, and specifications, prepared by SEH pursuant to this Agreement are instruments of service with respect to the Project. They are not intended or represented to be suitable for reuse by the Owner or others on extensions of the Project or on any other project. Any reuse without written consent or adaptation by SEH for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to SEH; and the Owner shall defend, indemnify and hold harmless SEH from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from reuse of SEH documents without written consent. 2. The Owner and SEH agree that any CADD files prepared by either party shall conform to the specifications of the systems and technology currently being utilized by SEH. The electronic files submitted by SEH to the Owner are submitted for an acceptance period of thirty (30) days. The Owner agrees it will perform any acceptance tests or procedures within 30 days. Any defects the Owner discovers during this period will be reported to SEH and will be corrected as part of the SEHscope of services. Correction of defects detected and reported after the acceptance period will be compensated for as Additional Services as described in Exhibit C. Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Owner be deemed a sale by SEH and SEH makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. 3. Copies of Documents that may be relied upon by Owner are limited to the printed copies (also known as hard copies) that are signed or sealed by SEH. Files in electronic media format of text, data, graphics or of other types that are furnished by SEH to Owner are only for convenience of Owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 4. When transferring documents in electronic media format, SEH makes no representations as to long term compatibility, usability or readability of documents resulting from the use of software application packages, operating system or computer hardware differing from those used by SEH at the beginning of the Project. 5. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 6. Any verification, reuse, or adaptation of the Documents for extensions of the Project or for any other project will entitle SEH to further compensation at rates to be agreed upon by Owner and SEH. F. Dispute Resolution 1. In an effort to resolve any conflicts that arise during the design or construction of the Project or following the completion of the Project, the Owner and SEH agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. 2. The Owner and SEH further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators' so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Short Elliott Hendrickson'lnc. (Form 07/20/04) Agreement - 4 City of St. Joseph, MN G. Assignment 1. Neither party to this Agreement shall transfer, . sublet, assign any rights under or interests in this Agreement without the prior written consent of the other party. H. Insurance 1. SEH shall secure and maintain such insurance as SEH deems necessary or appropriate to protect SEH from claims under Workmen's Compensation, accidents or claims for bodily injury, death or property damage which may arise from the performance of SEH services under this Agreement. 2. Owner shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause SEH and SEH's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 3. All policies of property insurance shall contain provisions to the effect that SEH's and SEH's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. 4. At any time, Owner may request that SEH, at Owner's sole expense, provide additional insurance coverage, increased limits or revised deductibles that are more protective than those being provided. If so requested by Owner, with the concurrence of SEH, and if commercially available, SEH shall obtain and shall require SEH's Consultants to obtain such additional insurance coverage, different limits or revised deductibles for such periods of time as requested by Owner. I. Termination 1. This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination SEH shall be compensated for services performed to termination date, including charges for expenses and equipment costs then due and all termination expenses. J. Controlling Law 1. This Agreement is to be governed by the law of the state in which the Project is located. l:\civil\agreements\agree master.doc Short Elliott Hendrickson Inc. (Form 07/20/04) Agreement - 5 City of 81. Joseph, MN Exhibit A to Agreement for Professional Services Between City of St. Joseph, Minnesota (Owner) and Short Elliott Hendrickson Inc. (SEH~ Dated July 1, 2006 SEH's Services The Owner intends to retain SEH to provide professional engineering, architectural, environmental and/or planning services as may be directed by the Owner, and the Owner and SEH deem it mutually advantageous to set forth the general details described herein. A. General 1. Services performed by SEH may, at the option of the Owner, be related to one or a combination of the following as specifically agreed upon. (a) City Engineer Services (b) Report (c) Preliminary Design (d) Final Design (e) Construction (f) Additional Services B. City Engineer Services 1. SEH shall provide engineering, survey, and architectural services to the Owner in its capacity as City Engineer. The Owner shall authorize specific services that SEH is to perform under this Agreement through action by the City Council, or through such City staff, boards, or elected officials as the City may designate. 2. Typical services provided as City Engineer include: (a) Attend staff meetings, workshops, and meetings of the City Council, Planning Commission, or Park Board as required. (b) Attend meetings of the St. Cloud Area Planning Organization Technical Advisory Committee (TAC) , the. St. Cloud Area Wastewater Advisory Commission (SCA WAC), and Mn/DOT District 3 State- Aid as required. (c) Prepare Feasibility Reports and Opinions of Probable Construction Cost for public improvements. (d) Conduct reviews for developer agreements, generated construction specifications. plat submittals, and developer plans and ( e) Perform research and review and comment on issues related to City planning, infrastructure, traffic, and drainage, or as otherwise requested by Owner. (f) Review and follow up on warranty issues related to completed construction projects. (g) Prepare engineering-related support for planning, zoning and annexation issues. (h) Prepare minor reports and studies. (i) Prepare and maintain City maps. (j) Prepare and maintain engineering standards and details. (k). Prepare and update the Owner's 5-Year Capital Improvement Program. (1) Maintain Owner's Municipal State-Aid Street (MSAS) system records and reports. 3. The Owner shall pay SEH for services and expenses rendered in accordance with Exhibit C. Services that are difficult to quantify will usually be paid for on an hourly basis in Accordance with Exhibit C-l. Services that have a definable scope may be paid for on a lump sum basis in accordance with Exhibit C-2. 4. Engineering related to complex construction projects, and major reports and studies shall be subject to a Supplemental Letter Agreement. The Supplemental Letter Agreement will identify a scope of services and set forth a fee for those services. The Owner shall pay SEH for services and expenses rendered in accordance with Exhibit C. Construction administration, staking, and observation services which depend. on a contractor's progress and weather conditions will usually be paid for on an hourly basis in accordance with Exhibit C-l. Design services and major reports and studies that have a definable scope will usually be paid for on a lump sum in accordance with Exhibit C-2. 5. SEH will attend regularly scheduled meetings of the City Council at no cost to the Owner. The Owner will make a reasonable effort to group. engineering items on the agenda so that SEH can efficiently address said items and leave the meeting when finished. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit A . 1 City of St. Joseph C. Report Phase During the report phase, SEH shall: 1. Consult with the Owner representatives to determine the scope of the services to be undertaken by SEH as a part of this phase. 2. Perform such field surveys, investigations and other tasks determined by SEH to be necessary to complete the Report. 3. Prepare a Report in sufficient detail to clearly describe the project as stated in the Supplemental Letter Agreement. 4. If requested, SEH will provide opinions of estimated construction and project cost. The Owner acknowledges that the scope of services is limited and does not provide for exhaustive studies and investigations. Therefore, SEH cannot guarantee the accuracy of results or conclusions. D. Preliminary Design Phase During the preliminary design phase, SEH shall: 1. On the basis of the approved report or, in the instance where a report has not been prepared, on the basis of the Owner's instructions prepare Preliminary Design Phase documents. These documents may consist of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2. Advise Owner if additional reports, data, information or services are necessary and assist Owner in obtaining such reports, data, information or services. 3. If requested, based on the information contained in the Preliminary Design Phase documents, submit an updated opinion of probable Construction Cost and any adjustment to Total Project Costs known to SEH. All cost estimates will be provided subject to the terms of the Agreement for Professional Services, Article VAL 4. Furnish the Preliminary Design Phase documents to and review them with Owner. E. Final Design Phase During the final design phase, SEH shall: 1. On the basis of the approved Report and/or Preliminary Design Phase documents, prepare construction drawings (plans) and specifications for the Project or such a portion thereof as outlined in the Supplemental Letter Agreement for the Final Design Phase. SEH will provide technical criteria, written descriptions and design data for Owner's use in filing applications for permits from or approvals of government authorities having jurisdiction to review or approve the final design of the project, and assist Owner in consultations with appropriate authorities. 2. If requested, furnish an updated construction cost estimate for the Project based on the completed drawings and specifications. All cost estimates are SEH's opinion of probable construction costs whose accuracy cannot be guaranteed. The Owner waives any claim against SEH relative to the accuracy of SEH' s opinion of construction costs. 3. Furnish sets of plans and specifications for Owner and agency review. 4. Prepare proposal forms and the notice to bidders. 5. Assist the Owner in obtaining and evaluating bids and awarding Contracts for the construction of the Project. 6. Assist in the preparation of the Contract Agreement. F. Construction Phase During the construction phase, SEH professionals shall: 1. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of the Contractor(s), and to determine in general, if such work is proceeding in accordance with the Contract Documents. The Owner has not retained SEH to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. SEH shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incidental to the work of the Contractor(s). SEH efforts will be directed toward providing a greater degree of confidence for the Owner that the completedu work of the Contractor will conform to the Contract Documents, but SEH shall not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents. During such visits and on the basis of on-site observations SEH will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractors. This obligation does not include anything related to safety. It is agreed that safety matters are Contractor's responsibility. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit A - 2 City of St. Joseph 2. Review samples, schedules, shop drawings, the results . of tests and inspections and other data, which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such review shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incidental thereto. SEH shall receive and review (for general content as required by the specification), maintenance and operating. instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents. 3. Consult with and advise the Owner, act as the Owner's representative at the Project site, issue all instructions of the Owner to the Contractor and prepare routine change orders as required. 4. Review the Contractor's Application for Payment, determine the amount owing the Contractor and make recommendations to the Owner regarding the payment thereof. SEH's recommendations constitute a repres~ntation to the Owner that to the best of SEH's knowledge, information and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the Contract Documents, subject to the results of any subsequent test called for by the Contract Documents and any qualifications stated in their recommendations. SEH's responsibilities under this paragraph are subject to the limitations set out in paragraph E.I. 5. Conduct a site visit to determine if the project is substantially complete. Such site visits may include representatives from the Owner. If the Contractor has fulfilled all of his obligations, SEH may give written notice to the Owner that the work is acceptable for final payment. G. Additional Services 1. If authorized by the Owner, SEH shall furnish additional services: (a) Preparation of applications and supporting documents for government grants, loans or advances. (b) Preparation or review of Environmental Assessments (EA), Environmental Assessment Worksheets (EA W), Environmental Impact Statements (EIS), and Alternative Urban Areawide Reviews (AUAR). (c) Review and evaluation of any statements or documents prepared by others and their effect on the requirements of the project. (d) Additional services due to significant changes in the general scope of the Project or its design including but not limited to, changes in size, complexity of character or type of construction. (e) Preparing Change Orders or other services and supporting data or providing other services in connection with changed project conditions which are inconsistent with the original design intent including, but not limited to, changes in project size, complexity, Owner's schedule, character of construction or method of financing. (f) Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. (g) Providing assistance in the start-up, testing, adjusting and balancing, preparation of operating and maintenance manuals, personnel training and consultation during operation of equipment or systems. (h) Providing services after issuance to the Owner of the final Certificate for Payment. (i) Providing services of professional consultants for other than the normal services stated in the Agreement. (j) Preparation of descriptions for permanent and/or temporary easements. (k) Furnishing the Owner, on request, a set of reproducible record prints of drawings and addendum drawings showing those changes made during the construction process, based on the marked up prints, drawings and other data furnished by the Contractor to SEH. (I) Serving as an expert witness for the Owner in any litigation or other proceedings. (m) Providing serviees for preparation of preliminary and final assessment rolls. (n) Assistance in connection with Bid protests, rebidding or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by the Agreement. (0) Providing construction surveys and staking to enable the construction contractor to perform its work and any type of property surveys or related engineering services needed for the transfer of interests in real property and providing other special field surveys. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit A - 3 City of St. Joseph (p) Providing Resident Project Representation as described in Exhibit D. (q) Additional services not otherwise provided for in this Agreement. inappropriate for the Project or an excessive number of substitutions. (c) Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. (d) Additional or extended services during construction made necessary by (I) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. (e) Services in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. (f) Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 2. Required Additional Services: SEH shall perform or furnish (without requesting or receiving specific advance authorization from Owner) include the types listed below. SEH shall advise Owner in writing promptly after starting any such Additional Services. (a) Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered. (b) Services in making revisions to Drawings and Specifications required by reviewing authorities or occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit A - 4 City of 81. Joseph Exhibit B to Agreement for Professional Services Between City of St. Joseph, MN (Owner) and Short Elliott Hendrickson Inc. (SEH~ Dated July 1,2006 Owner's Responsibilities A. General The Owner's responsibilities related to the services to be provided by SEH are generally as listed in this Exhibit B. Modifications to these responsibilities shall be made through Supplemental Letter Agreements. The Owner shall: 1. Provide full information as to its requirements for the services to be provided by SEH and SEHshall be entitled to rely on the accuracy and completeness thereof. 2. Assist SEH by furnishing all available information pertinent to the services to be provided bySEH. All information available in electronic formats shall be provided in such formats suitable for use with current SEH systems and technology. 3. Guarantee access to and make all provisions for SEH to enter upon public and private lands as required for SEH to perform its services under this Agreement. 4. Provide such legal, accounting, financial and insurance counseling and other special services as may be required for the Project. 5. Give prompt written notice to SEH whenever the Owner observes or otherwise becomes aware of any changes in the Project or any defect in the services being provided by SEH or makes or wishes to make changes in the Project. 6. Furnish television inspection of sewers, land surveys, soil borings, laboratory tests, material tests, soil tests and other special items pertinent to the Project and the services provided by SEH. 7. Be responsible for the accuracy of all data consisting of, but not limited to, computations, as-built drawings, electronic data bases and maps furnished by the Owner. The costs associated with correcting, creating or recreating any data that is provided by the Owner that contains inaccurate or unusable information or is found to omit information necessary for SEH to perform its services are the responsibility of the Owner. 8. Promptly ~xamine all studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals and other documents presented by SEH and render the necessary decisions and instructions so SEH may continue in a timely manner to provide the services necessary for completion of the Project. 9. Pay all costs incidental to advertising for bids and acquiring regulatory or review agencies' permits and/or approvals. 10. Furnish or instruct SEH to provide, at the Owner's expense, additional services that become necessary to complete the work called for in this Agreement or to complete work added to the Project by the Owner or others and not related to the agreed responsibilities of SEH. 11. Furnish to. SEH, prior to any performance of services by SEH, a copy of any design and construction standards and comprehensive plans which the Owner shall require SEH to follow or incorporate into its work. 12. Act promptly to review and approve or reject all proposed Change Orders and/or Supplemental Agreements. 13. Employ and pay the costs for an independent cost estimator as provided in Section IV.A. of the Agreement. 14. Bear all costs incidental to compliance with the requirements of this Exhibit B. 15. Notify SEH (prior to commencement of construction of a project) of any notice or certification that SEH will be requested to provide to Owner or third parties in connection with the project. Owner and SEH shall reach agreement on the terms of any such requested notice or certification, and Owner shall authorize such Additional Services as are necessary to enable SEH to provide the notices or certifications requested. 16. Require all Private Utilities with facilities in the Owner's Right of Way to: (a) Locate and mark said utilities upon request. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit B-1 City 01 St. Joseph, MN (b) Relocate and/or protect said utilities as determined necessary to accommodate the proposed Work. (c) Submit a schedule of the necessary relocation/protection activities to the Owner for review. B. Assumption of Risks The Owner and SEH agree that the risks of the Project and the costs related to those risks remain with the Owner or with others and that SEH does not assume any risks that are not specifically called out in the Agreement. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit B-2 City of St. Joseph, MN Exhibit C-1 to Agreement for Professional Services Between City of St. Joseph, MN (Owner) and Short Elliott Hendrickson Inc. (SEHCB) Dated July 1, 2006 Payments to SEH for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Hourly Basis Option The Owner and SEH select the hourly basis for payment for services provided by SEH. SEH shall be compensated monthly. Monthly charges for services shall be based on SEH's current billing rates for applicable employees plus charges for expenses and equipment. Current billing rat(fs shall be either the Rate Table Method or Actual Billing Rates of Personnel Method as indicated in the Supplemental Letter Agreement. 1. Rate Table Method - Current billing rates for employees shall be those listed on a standard rate table submitted and approved as part of this Agreement. The rate table shall be subject to an annual adjustment, and shall apply to all work accomplished by the St. Cloud office. The employee rates in the approved rate tables shall include the cost of computers and cellular phones. The cost of other expenses and equipment shall be paid for as reimbursable expenses as identified in Paragraphs B and C of this Exhibit Col. The current approved rate table is attached to this exhibit. 2. Actual Billable Rates of Personnel Method - Applicable billing rates of employees shall be based on the actual payroll rates of personnel times a multiplier plus the cost of expenses and equipment outlined in Paragraphs Band C of this Exhibit C-1. This method shall apply to specialty work typically accomplished by staff in offices other than SEH St. Cloud. SEH will provide an estimate of the costs for services in this Agreement. It is agreed that after 90% of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining 10% of the estimated compensation, SEH will notify the Owner and confer with representatives of the Owner to determine the basis for completing the work. Compensation to SEH based on the Rate Table Method is conditioned on completion of the work within the effective period of the rate table. Should the time required to complete the work be extended beyond this period, the rates in the Rate Table shall be appropriately adjusted. B. Other Provisions Concerning Payments 1. Invoices will be prepared in accordance with SEH's standard invoicing practices and will be submitted monthly to Owner by SEH, unless otherwise agreed. 2. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoice therefor, the amounts due SEH will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. SEH may, after giving seven days written notice to Owner, suspend services under this Agreement until SEH has been paid in full all amounts due for services, expenses and other related charges. Payments will be credited first to interest and then to principal. Further, SEH reserves the right to retain products of service until all invoices are paid in full. SEH will not be liable for any claims of loss, delay, or damage by Owner for reason of withholding services or products of service until all invoices are paid in full. 3. In the event of a disputed or contested invoice, only that portion so contested maybe withheld from payment, and the undisputed portion will be paid. 4. Should taxes, fees or costs be imposed, they shall be in addition to SEH's estimated total compensation. C. Expenses The following items involve expenditures made by SEH employees or professional consultants on behalf of the Owner. Their costs are not included in the hourly charges made for services and shall be paid. for as described in this Agreement. Short Elliott Hendrickson Inc. (Form 12/13/04) Exhibit C-1 - 1 City of St. Joseph, MN 1. Transportation and travel expenses. 2. Lodging and meal expense connected with the Project. 3. Fees paid, in the name of the Owner, for securing approval of authorities having jurisdiction over the Project. 4. Report, plan and specification reproduction expenses. 5. Other special expenses required in connection with the Project. 6. The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the cost of administration and insurance. The Owner shall pay SEH monthly for expenses. D. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Owner. The Owner, therefore, agrees to pay the cost for the use of such specialized equipment on the project. SEH invoices to the Owner will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by SEH. The Owner shall pay SEH monthly for equipment utilization. Short Elliott Hendrickson Inc. (Form 12/13/04) Exhibit C-1 - 2 City of St. Joseph, MN SEH SHORT ELLIOTT HENDRICKSON, INC. Hourly Rate Schedule for Engineering Services Effective April 1, 2006 Principal .................... ................................ ............. ..... ........$112.00 Project Manager ................................... ....... ....................... $106.00 Registered Land Surveyor .................................................... $92.00 Project Engineer ............................................... .................... $99.00 Staff Engineer...................... ................................................. $94.00 Lead Technician .......... ............... .......................................... $89.00 Senior Technician................................................................. $85.00 Technician............................................................................ $74.00 Survey Crew Chief. ............ ............ ...... ......... ....................... $75.00 Instrument Operator ......... ........................................... ......... $56.00 Word Processor..................................................................... $51.00 Intern ...... .......... .................................................................... $48.00 Specialist............................... ............................................. Variable Reimbursable Expenses: Printing and Postage Costs .............................................Actual Cost SulJconsultants..................................................... ...........1.1 x Actual Cost Mileage............. ............................................................. . IRS Rate RPR V ehicle...................................................................$1 0.00 Per Day Survey Vehic1e and Equipment......................................$ 4.50 Per Hour Total Station....... ........ ...................... ............................. .$20.00 Per Hour GPS Equipment....................... ... ................................... .$25.00 Per Hour Additional Services Regular City Council Meetings ......................................No Cost Telephone Consultation.... ............. ....... ....................... ...No Cost X:\S\stjoe\common\corr\rate-2005.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax Exhibit C-2 to Agreement for Professional Services Between City of St. Joseph, MN (Owner) and Short Elliott Hendrickson Inc. (SEH@) Dated July 1, 2006 Payments to SEH for Services and Expenses Using the Lump Sum Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Lump Sum Basis Option The Owner and SEH may select the Lump Sum Basis for Payment for the services described in one or more Supplemental Letter Agreements. During the course of providing its services, SEE shall be paid monthly based on SEH's estimate of the percentage of the work completed. Necessary expenses and equipment are provided as a part of SEH's services and are included in the initial Lump Sum amount. Each Supplemental Letter Agreement shall itemize the expenses and equipment whose cost is included in the Lump Sum amount. Total payments to SEH for work covered by the Lump Sum Agreement shall not exceed the lump sum amount without written authorization from the Owner. The Lump Sum amount includes compensation for SEH's services and the services of SEH's Consultants, if any. Appropriate amounts have been incorporated in the initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. Should SEH and the Owner increase the scope of the lump sum services by amendment, said amendment will include SEH's services at their normal chargeout rates, along with expenses and equipment utilization as outlined in sections "e" and "D" below. B. Other Provisions Concerning Payments 1. Invoices will be prepared in accordance with SEH's standard invoicing practices and will be submitted monthly to Owner by SEH, unless otherwise agreed. 2. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoice therefor, the amounts due SEH will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. SEH may, after giving seven days written notice to Owner, suspend services under this Agreement until SEH has been paid in fuD aD amounts due for services, expenses and other related charges. Payments will be credited first to interest and then to principal. Further, SEH reserves the right to retain products of service until aU invoices are paid in full. SEH will not be liable for any claims of loss, delay, or damage by Owner for'reason of withholding services or products of service until all invoices are paid in fuU. 3. In the event ofa disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 4. Should taxes, fees or costs be imposed, they shall be in addition to SEH's estimated total compensation. C. Expenses Should the lump sum services be increased by amendment, said amendment will include the following items where expenditures are made by SEH employees or professional consultants on the project. 1. Transportation and travel expenses. 2. Lodging and meal expenses connected with the Project. 3. Fees paid for, in the name of the Owner, for securing approval ,of authorities having jurisdiction over the Project. 4. Report, Plan and specification reproduction expenses. 5. Other special expenses required in connection with the Project. 6. The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditures plus 10% markup for the cost of administration and' insurance. The Owner shall pay SEH monthly for expenses. D. Equipment Utilization Should the lump sum services be increased by amendment, said amendment will include costs related to specialized equipment used by SEH on the project. Short Elliott Hendrickson Inc. (Form 3/29/05) Exhibit C-2 - 1 City of St. Joseph, MN Equipment provided by SEH will be billed to the Owner monthly. SEH invoices will contain detailed information regarding the use of specialized equipment on the project that is to be reimbursed by the Owner. Charges will be based on the standard rates for the equipment published by SEH. The Owner shall pay SEH monthly for equipment utilization. Short Elliott Hendrickson Inc. (Form 3/29/05) Exhibit C-2 - 2 City of 51. Joseph, MN Exhibit D to Agreement for Professional Services Between City of St. Joseph, MN (Owner) and Short Elliott Hendrickson Inc. (SEH~ Dated July 1,2006 A Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative If requested by the Owner or recommended by SEH, and approved in writing by the other, one (1) or more full time Resident Project Representatives (RPR) will be furnished and directed by SEH in order to provide additional representation at the Project site during the construction phase. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, SEH shall endeavor to provide further protection for Owner against defects and deficiencies in the work of Contractor; but, the furnishing of such services will not make SEH responsible for or give SEH control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of SEH in 1) The agreement between the Owner and SEH, and 2) in the construction Contract Documents, and 3) further limited as follows: A. General RPR is an agent of SEH at the site, will act as directed by and under the supervision of SEH, and will confer with SEH regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with SEH and Contractor keeping the Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of SEH. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with SEH concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: (a) Serve as SEH's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; and assist SEH in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-site operations. (b) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: (a) Record date of receipt of Shop Drawings and samples. (b) Receive samples which are furnished at the site by Contractor, and notify SEH of availability of samples for examination. (c) Advise SEH and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by SEH. 5. Review of Work, Inspections, and Tests: (a) Conduct on-site observations of the Work in progress to assist SEH in determining if the Work is in general proceeding in accordance with the Contract Documents. (b) Report to SEH whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise SEH of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. (c ) Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to SEH Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit D - 1 City of 81. Joseph, MN appropriate details relative to the test procedures and start-ups. (d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to SER. 6. Interpretation of Contract Documents: Report to SER when clarification and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by SER. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Spedfications and report with RPR's recommendations to SEH. Transmit to Contractor decisions as issued by SER. 8. Records: (a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, SER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (b) Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to SER. (c) Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 9. Reports (a) Furnish SEH periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals, (b) Consult with SEH in advance of scheduled major tests, inspections or start of important phases of the Work. (c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to SEH Change Orders, Work Directive Changes, and Field Orders. (d) Report immediately to SEH and Owner upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to SER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to SEH for review and forwarding to Owner prior to final payment for the Work. 12. Completion: (a) Before SER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. (b) Conduct final inspection in the company of SER, Owner, and Contractor and prepare a final list of items to be completed or corrected. (c) Observe that all items on final list have been completed or corrected and make recommendations to SER concerning acceptance. c. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by SEH. 2. Shall not exceed limitations of SEH's authority as set forth in the Agreement or the General Provisions to the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit D - 2 City of St. Joseph, MN 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by SEH. Short Elliott Hendrickson Inc. (Form 07/20/04) Exhibit 0 - 3 City of St. Joseph, MN JL.. SEH May 22, 2006 RE: City of Saint Joseph, Minnesota Water Treatment Plant SEH No. A-STJOE0506.06 Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College A venue N St. Joseph, Minnesota 56374 Dear Ms. Weyrens: Thisletter supplements the Agreement for General Professional Services between the City of Saint Joseph (Owner) and Short Elliott Hendrickson Inc. (SEH@) dated July 1, 2006. The supplemental work is described below: Construction Administration and Resident Project Representative (RPR) Services A. Prepare and distribute construction contracts. (Completed) B. Attend and conduct a pre-construction conference with the contractor and Utility staff. (Completed) C. Review project shop drawing submittals from contractor. D. Provide administrative project management services and construction observation during construction. RPR will prepare and maintain necessary documentation and daily log/diary of the contractor's progress. Our proposed fee includes project management and construction observation through the fmal completion date. E. Review and make recommendation for contractor payment applications. F. Prepare and administer contract modifications as necessary. G. Upon substantial completion of the project, assist the contractor in performing a complete and successful start-up of the water treatment plant. H. Review operation and maintenance manuals submitted by the individual equipment suppliers. Make sure that the individual equipment suppliers provide training relative to all aspects of operation and maintenance. 1. Prepare and distribute contractor punch lists. J. Provide site visits to check for completion of punch list items. K. Provide three sets of Record Drawings based upon the as-built drawings submitted by the contractor. Our services will be based on an hourly fee in accordance with Exhibit C-l with a maximum cost of $401,100. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Ms. Judy Weyrens May 22, 2006 Page 2 The maximum cost will not be exceeded without a written change of scope. Payment for any additional services, if they are needed, shall be based on the time required to perform the services and the billable rates for the SEH staff engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C-I. This letter and the Agreement for General Professional Services dated July 1, 2006 with Exhibits A, B, C-I, C-2, and D, accepted by the City of Saint Joseph, represent the entire understanding between the City and SEH with respect to the project, and may only be modified in writing signed by both parties. If this satisfactorily sets forth your understanding of our agreement, please sign both copies of this letter in the space provided below and return one copy to us. If you have any questions or would like additional information, please call me at 651.490.2115. We would be happy to go over this information with you at your convenience. Sincerely, ~f1~ James P. Norton, PE Sr. Principal/Director, Water Services S:\P1\S\Stjoe\050600\1-genl\14-corr\Letter agreement canst services.doc Accepted this day of ,2006 CITY OF SAINT JOSEPH, MINNESOTA By: Title: ~ SEH May 22, 2006 RE: City of Saint Joseph, Minnesota Water Treatment Plant SEH No. A-STJOE0506.06 Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College Avenue N St. Joseph, Minnesota 56374 Dear Ms. Weyrens: This letter supplements the Agreement for General Professional Services between the City of Saint Joseph (Owner) and Short Elliott Hendrickson Inc. (SEH@) dated July 1, 2006. The supplemental work is described below: Construction Administration and Resident Project Representative (RPR) Services A. Prepare and distribute construction contracts. (Completed) B. Attend and conduct a pre-construction coriference with the contractor and Utility staff. (Completed) C. Review project shop drawing submittals from contractor. D. Provide administrative project management services and construction observation during construction. RPR will prepare and maintain necessary documentation and daily log/diary of the contractor's progress. Our proposed fee includes project management and construction observation through the final completion date. E. Review and make recommendation for contractor payment applications. F. Prepare and administer contract modifications as necessary. G. Upon substantial completion of the project, assist the contractor in performing a complete and successful start-up of the water treatment plant. H. Review operation. and maintenance manuals submitted by the individual equipment suppliers. Make sure that the individual equipment suppliers provide training relative to all aspects of operation and maintenance. 1. Prepare and distribute contractor punch lists. J. Provide site visits to check for completion of punch list items. K. Provide three sets of Record Drawings based upon the as-built drawings submitted by the contractor. Our services will be based on an hourly fee in accordance with Exhibit C-1 with a maximum cost of $401,100. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 5511 0-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Ms. Judy Weyrens May 22, 2006 Page 2 The maximum cost will not be exceeded without a written change of scope. Payment for any additional services, if they are needed, shall be based on the time required to perform the services and the billable rates for the SEH staff engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C-l. This letter and the Agreement for General Professional Services dated July 1, 2006 with Exhibits A, B, C-l, C-2, and D, accepted by the City of Saint Joseph, represent the entire understanding between the City and SEH with respect to the project, and may only be modified in writing signed by both parties. If this satisfactorily sets forth your understanding of our agreement, please sign both copies of this letter in the space provided below and return one copy to us. If you have any questions or would like additional information, please call me at 651.490.2115. We would be happy to go over this information with you at your convenience. Sincerely, ~f1~ James P. Norton, PE Sf. Principal/Director, Water Services S:\P1\S\Stjoe\050600\1-genl\14-corr\Letter agreement canst services.doc Accepted this day of ,2006 CITY OF SAINT JOSEPH, MINNESOTA By: Title: Jt. SEH May 22, 2006 RE: City of Saint Joseph, Minnesota Water Treatment Plant SEH No. A-STJOE0506.06 Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College A venue N St. Joseph, Minnesota 56374 Dear Ms. Weyrens: This letter supplements the Agreement for General Professional Services between the City of Saint Joseph (Owner) and Short Elliott Hendrickson Inc. (SEH@) dated July 1, 2006. The supplemental work is described below: Construction Administration and Resident Project Representative (RPR) Services A. Prepare and distribute construction contracts. (Completed) B. Attend and conduct a pre-construction conJerence with the contractor and Utility staff. (Completed) C. Review project shop drawing submittals from contractor. D. Provide administrative project management services and construction observation during construction. RPR will prepare and maintain necessary documentation and daily log/diary of the contractor's progress. Our proposed fee includes project management and construction observation through the final completion date. E. Review and make recommendation for contractor payment applications. F. Prepare and administer contract modifications as necessary. G. Upon substantial completion of the project, assist the contractor in performing a complete and successful start-up of the water treatment plant. H. Review operation and maintenance manuals submitted by the individual equipment suppliers. Make sure that the individual equipment suppliers provide training relative to all aspects of operation and maintenance. 1. Prepare and distribute contractor punch lists. J. Provide site visits to check for completion of punch list items. K. . Provide three sets of Record Drawings based upon the as-built drawings submitted by the contractor. Our services will be based on an hourly fee in accordance with Exhibit C-l with a maximum cost of $401,100. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul, MN 55110-5196 SEH is an equal opportunity employer www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Ms. Judy Weyrens May 22, 2006 Page 2 The maximum cost will not be exceeded without a written change of scope. Payment for any additional services, if they are needed, shall be based on the time required to perform the services and the billable rates for the SEH staff engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C-1. This letter and the Agreement for General Professional Services .dated July 1, 2006 with Exhibits A, B, C-1, C~2, and D, accepted by the City of Saint Joseph, represent the entire understanding between the City and SEH with respect to the project, and may only be modified in writing signed by both parties. If this satisfactorily sets forth your understanding of our agreement, please sign both copies of this letter in the space provided below and return one copy to us. If you have any questions or would like additional information, please call me at 651.490.2115. We would be happy to go over this information with you at your convenience. Sincerely, ~f1~ James P. Norton, PE Sf. Principal/Director, Water Services S:\P1\S\Stjoe\050600\1~genl\I4-corr\Letter agreement const services. doc Accepted this day of ,2006 CITY OF SAINT JOSEPH, MINNESOTA By: Title: I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Public Hearing - 8th Avenue NE DATE: July 6, 2006 ORIGINATINGDEP ARTMENT DEPARTMENT APPROVAL AGENDA ITEM Public Hearing - Utility Extension 8th Avenue NE PREVIOUS ACTION The City Council considered the feasibility report for the improvements to 8th Avenue NE. The improvements would provide utility services to property owners abutting 8th. RECOMMENDED COUNCIL ACTION FISCAL IMP ACT COMMENTS/REC01tliVIENDATIONS At the time of writing this memo we still have some information to provide regarding the financing and timing of improvements. Since the project will be financed publicly the improvement requires a 2/3 vote of the Council. For your convenience we have included the resolution required to approve the project and if the decision is to not move forward a motion to that affect should be made. The Council also has the option of tabling the action if additional info~ation is needed. CITY OF ST. JOSEPH CC RESOLUTION 2006-17 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, a resolution of the city council adopted the 15th day of June, 2006, fixed a date for a council hearing on the proposed improvement of 8th Avenue NE between Minnesota Street East and CSAH 75 to include utility extension and street, curb and gutter. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 6th day of July, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon, . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 6th day of July, 2006. 3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. Adopted by the council on this 6th day of July, 2006. Mayor City Administrator CITY OF ST. JOSEPH NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of St. Joseph will meet in the council chambers of the city hall at 7:00 PM on July 6, 2006, to consider the making of an improvement on 8th Avenue NE between Minnesota Street East and CSAH 75 to include utility extension and ~treet, curb and gutter, pursuant to Minn. Stat. SS 429.011 to 429.111. The estimated cost of the improvement is $ 202,037.25 and all benefiting properties are proposed to be assessed. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Published in St. Joseph Newsleader on June 23 and June 30, 2006. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53530-005 Lot 4 Block I Floyd Barnes Addition 707 Minnesota Street E Thomas Muske 707 Minnesota Stret E S1. Joseph, MN 56374 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 88.00 ft. Short Side 0.00 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,I55.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $4,439.67 $0.00 $0.00 Total Proposed Assessments $4,439.67 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53530-000 402 - 8th Avenue NE . Harvey & Nancy Notch 402 - 8th Avenue NE St. Joseph, MN 56374 Rates - This section represents how the assessment for the above property is calculated. The left_side ofthissection identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 100.00 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 1.00 Water Main Units 1.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $5,045.08 $4,155.87 $6,306.06 Total Proposed Assessments $15,507.00 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet Vacant Land Harvey & Nancy Notch 402 - 8th Avenue NE St. Joseph, MN 56374 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 109.80 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 1.00 Water Main Units 1.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $5,539.50 $4,155.87 $6,306.06 Total Proposed Assessments $16,001.42 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53430-050 E 156' ofNW4SE4 Lying N of Old Hwy 52 619 Minnesota Street E James & Mary Ann Graeve PO Box 525 St. Joseph, MN 56374 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 140.00 ft. Short Side 0.00 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 2.00 Water Main Units 2.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $7,063.11 $8,311. 73 $12,612.11 Totall!roposed-Assessments $27,986.96 NOTES - 1. Oversized parcels were assessed for additional sewer and water unit based on number of single-family lots that the parcel could accommodate. 2. Street assessment is applied to all of the short side and half of the long side. 3. Additional water/sewer services will be a charge in lieu of assessment when property is subdivided. 8th Avenue NE Improvements City of 81. Joseph 8EH A-8TJOE0611 Proposed Assessment Worksheet 84-53430-082 S 150' ofE 290.40' ofSW4NE4 409 - 8th Avenue NE Robert & Ellen Wahlstrom PO Box 135 . St. Joseph, MN 56374 Rates - This section represents how the assessment for the. above property is calculated. The left side of this section identifies the specific front footage of the property described above and ho~ many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 150.00 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 1.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $7,567.62 $0.00 $6,306.06 Total Proposed Assessments $13,873.68 NOTES- 1. Street assessment is applied to all of the short side and half ofthe long side. 2. Number of units to be based on whether or not property can be subdivided. This initial information assumes this lot can not be subdivided. 8th Avenue NE Improvements City ofSt. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53430-084 Part ofE2NE4 Lying S'ly of CO RD 75 & N ofFdl beg 115.50'N ofSW Cor ofSE4NE4 - S84D E 75.60' - S87D 414 - 8th Avenue NE Auto Buy Owner 414 - 8th Avenue NE S1. Joseph, MN 56374 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 199.20 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin F1. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 7.00 Water Main Units 7.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $10,049.80 $29,091.07 $44,142.39 Total Proposed Assessments $83,283.26 NOTES - . 1. Oversized parcels were assessed for additional sewer and water unit based on number of single-family lots that the parcel could accommodate. 2. Street assessment is applied to all. of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53470-270 Unit 1 together with 1/8 int in the common element (S1. Joseph Business Center) 710 County Road 75 W #1 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin F1. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES - 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53470-271 Unit 2 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W #2 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left. side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. .. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES - 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of S1. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53470-272 Unit 3 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W#3 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this seCtion illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53470-273 Unit 4 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W #4 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above aud how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 . Total ProposedA.ssessments $1,061.99 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of 81. Joseph 8EH A-STJOE0611 Proposed Assessment Worksheet 84-53470-274 Unit 5 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W#5 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will.be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of St. Joseph SEH A-STJOE0611 Proposed. Assessment Worksheet 84-53470-275 Unit 6 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W #6 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES - 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City of 81. Joseph 8EH A-8TJOE0611 Proposed Assessment Worksheet 84-53470-276 Unit 7 together with 1/8 int in the common element (St. Joseph Business Center) 710 County Road 75 W #7 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described. above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin Ft. $ 4,155.87/Unit $ 6,306,06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. 8th Avenue NE Improvements City ofSt. Joseph SEH A-STJOE0611 Proposed Assessment Worksheet 84-53470-277 Unit 8 together with 1/8 int in the common element (S1. Joseph Business Center) 710 County Road 75 W #8 William & Patricia Nelson PO Box 42 Long Prairie, MN 56347 Rates - This section represents how the assessment for the above property is calculated. The left side of this section identifies the specific front footage of the property described above and how many units will be assessed for water and sewer. The right side of this section illustrates the proposed rates either per lineal foot or per unit. Residential Street, Curb & Gutter Long Side 0.00 ft. Short Side 21.05 ft. Assessment Rates Street, Curb & Gutter Sanitary Sewer Water Main $ 50.45/Lin F1. $ 4,155.87/Unit $ 6,306.06/Unit Sanitary Sewer Units 0.00 Water Main Units 0.00 Assessment - This section represents the proposed amount the property identified above will be assessed for the 8th Avenue Improvement Project based on 2006 Construction Costs. Residential Street Sanitary Sewer Water Main $1,061.99 $0.00 $0.00 Total Proposed Assessments $1,061.99 NOTES- 1. Street assessment is applied to all of the short side and half of the long side. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION DATE: 6/28/2006 Engineering ORIGINATING DEPARTMENT Tracy Ekola, PE DEPARTMENT APPROVAL AGENDA ITEM 2006 Sealcoat Quotes PREVIOUS ACTION None. RECOMMENDED COUNCIL ACTION Request authorization to obtain quotes for 2006 Street Sealcoating. FISCAL IMPACT Estimated at $35,000 for sealcoating and engineering. COMMENTS/RECOMMENDATIONS This project was included in the Capital Improvement Plan for 2006. C:\Documents and Settings\sbialke\Local Settings\Temporary Internet Files\OLKI5\sealcoat quote 062806.doc I' ~ ~II~~\~EI~~II =~JTNE l - I L~ I y= 7rQ 1\ _ I ~ 7 - - - I I I \\\ HC~OU DRIVEiv ~! \ HACKBERRY w-. I r r \ I, \-A ~ GUMTREE ST.E. -- ~v~. I -- ~UMTREE ST.E..v ~-~ )~ w-~ w I I~ : ~ ~I-- ~ ; ==---=== I- 2.900 5 Y. 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CARY CT.) \ <' ~ ~\ I w lIJ ~ ;.j lIJ vi lIJ > ~ lIJ :> o z o a. lIJ vi w ~ J: I- ~ w > <( J: I- ,.... - ~ Vl lIJ > <( J: I- ~ w vi IT] IT] CCJ 0:>' DALE ST. E. ____ '- '( N 400 0 ~ scole 200. FILE NO. ASTJOE0601.00 DATE: 06/28/06 400 I feet 2006 SEALCOAT PROJECT ST. JOSEPH, MINNESOTA AREA NO. 3 JUN :j () ) [J[JS' ,_.1, To: City and County Leaders From: Regional Human Rights Task Force Date: June 29, 2006 Re: Final Recommendations CITY OF ST. }02,t::Oi-/ A....... '1 Dear Elected Officials and Administrators: The Regional Human Rights Task Force completed its work on June 26,2006, and asks for consideration of its recommendations at a meeting of each participating jurisdiction during July. We are delighted to report that after long and serious deliberations we have reached a recommendation that passed without opposition. This mailing includes information for the elected officials who will be deciding about their jurisdiction's participation in a regional effort to provide human rights services in central Minnesota. BACKGROUND: In the spring of 2005, the cities of Cold Spring, Sartell, Sauk Rapids, St Cloud, St Joseph, and Waite Park and the counties of Benton, Sherburne, and Stearns passed a resolution to "Stop the Hate and Promote Respect and Opportunity for All." The resolution included designating a representative "to participate in a Task Force to be convened by Create Community and ISAIAH's Great River Interfaith Partnership (GRIP) for the purpose of exploring the creation of a regional Human Rights Office to support the enforcement of human rights law." Those city and county representatives joined representatives from several community organizations to become the Regional Human Rights Task Force which has been meeting monthly from June 2005 to June 2006. WORK OF THE TASK FORCE: Needs and Benefits: In early meetings the Task Force decided it was important to identify and communicate the need for and the benefits of a regional office. Until now only the city of St Cloud has had a Human Rights Office while residents living outside St Cloud who encounter discrimination must access services from the Minnesota Human Rights Office. which is located in St Paul. The Task Force gathered information about needs and benefits, and prepared a report which was presented at the Joint Area Cities meeting on January 31, 2006 and to each participating jurisdiction during March and April. Models: Before arriving at a recommendation, three potential models for" structuring a regional office were considered and refined through Task Force meetings and meetings with the Minnesota Human Rights Director: 1. Create a new entity that would have its own staff, budget, and office. The complexities and time involved to establish a new entity made "it seem unfeasible as a way to meet the immediate need for a regional office. 2. Provide services beyond the city of St Cloud through agreements between the city and other jurisdictions that choose to participate by contributing financially. 3. Contract with the Minnesota Department of Human Rights. Although the State Office will not consider a branch office in our region, they are open to the possibility of expedited enforcement by working closely with a regional effort here. As you review the enclosed recommendation and accompanying materials, note that there are proposals for an immediate response solution and an ideal long term solution. With-budget decisions for next year almost uponusall, we-hope you can give this your attention and support as soon as possible. Thank you for your interest in promoting human rights. ~* Mark Jaede Co-Chair Regional Human Rights Task Force Co-Chair Regional Human Rights Task Force Enclosures: Recommendation Recommended Services Description of Services Suggested Resolution for Governing Bodies Characteristics of the Agreements Suggested Resolution for.County Commissions Regional Human Rights Task Force Members REGIONAL HUMAN RIGHTS TASK FORCE RECOMMENDATION 1. NEED. We find there is a need in the entire three-county (Benton, Sherburne and Stearns) region for human rights services comparable to those now offered by the City of St. Cloud to its residents. 2. SERVICES. We recommend that those services should include the package laid out in the attached "Description of Services". 3. IMMEDIATE RESPONSE SOLUTION: SERVICE AGREEMENTS. Because the need for expanded services is urgent, we recommend the following as an immediate response. We recommend that interested jurisdictions in Benton, Sherburne and Steams Counties enter into agreements with St. Cloud under which 81. Cloud staff would deliver services in other jurisdictions in return for appropriate funding. This network of agreements would have three major advantages. It would be practical to implement by January 1, 2007. It would allow for phased growth of human rights serVices. It would avoid the problems of double taxation. We agree that this Task Force does not have the power or expertise to direct jurisdictions to adopt specific language in any such agreements, but we recommend that such agreements should contain the characteristics described in the attached "Characteristics of the Agreements between the City of S1. Cloud and Participating Jurisdictions to Provide Human Rights Services." As a first step toward implementing these agreements, we recommend that interested area jurisdictions should adopt the attached "Suggested Resolution for Governing Bodies for Human Rights Services" within the next sixty days. 4. IDEAL LONG-TERM SOLUTION THREE-COUNTY MODEL. We conclude that the ideal way to deliver these services would be to form a new office created and funded by the three counties,' and delivering services to the entirety of the three counties. In addition to providing full geographic coverage, the three-county model would have the advantage of avoiding the jurisdictional and funding paradoxes created by the geographic overlaps between counties and cities. We agree that it is undesirable for city residents to fund the same services twice - through both city and county taxes. Likewise, it is problematic for all county taxpayers to pay for services that may be available in only a portion ofthe county. A county-funded office would allow for all residents to be taxed evenly and served evenly. To the end of establishing their commitment to work toward the creation of a regional human rights office, we recommend that the three county commissions adopt the attached "Suggested Resolution for County Commissions" within sixty days. We recognize, however, that there may be barriers to the prompt creation of a three-county regional office. These barriers may include the time and legal work needed to create an entirely new administrative entity, the logistical challenges involved in the transition from a w single city office to one serving three large counties, and the time necessary for the counties ~o reach agreements. For this reason we urge local jurisdictions not to wait for the counties to complete the creation of a three-county office but to proceed with the recommendations under item 3 above. 5. DISSOLUTION. We agree that this Task Force has completed its work and is hereby dissolved. We authorize the Co-Chairs to oversee the communication of the Task Force's recommendations to the counties, the local jurisdictions, and the public. Adopted by the Regional Human Rights Task Force June 26, 2006 o RECOMMENDED SERVICES MODEL FORA REGIONAL HUMAN RIGHTS OFFICE - - - - - - - - - - - - - - - - - - - - @ Regional Human Rights Office Description of Services Education Topics · Creating a welcoming community · Overcoming language and cultural barriers · Responding to current human rights issues in our community · Power relationships and the need for systemic change · Understanding the Minnesota Human Rights Act and local human rights ordinances · Defining key terms, e.g., "protected class," "disability" Methods . Training · Workshops · Partnerships with other groups Intervention Investigation · Intake · Assessment . Research · Evaluation Resolution . Mediation · Alternative dispute resolution · Facilitation of settlements . Referral · Dismissal Enforcement . Refer to Appropriate Authorities · Minnesota Department of Human Rights . · Federal Department of Housing and Urban Development (HUD) · c Equal Employment Opportunity Commission (EEOC) · Local prosecutors · Private Attorneys @ Suggested Resolution for Governing Bodies For Human Rights Services Be it Resolved: That [jurisdiction] supports the recommendations of the Regional Human Rights Task Force, and be it further Resolved: That [jurisdiction] agrees in principle to enter into an agreement with the City of St. Cloud under the general terms recommended 'by the Task Force so that, beginning on or about January 1,2007, citizens of [j-ptisdiction] may receive education, investigation and intervention services as recommended by the Task Force, and be it further Resolved: That the [governing body] designates and directs [name] asits representative to enter promptly into negotiations with the City of St. Cloud and other member jurisdictions to set the terms for participation, services and funding, subject to final approval by [governing body]. (5) Cha.racteristics of the Agreements between The City of S1. Cloud and Participating Jurisdictions to Provide Human Rights Services Agreement to be negotiated between the City of S1. Cloud and participating jurisdictions . The Task Force recognizes that the final agreements for human rights services must be negotiated. The Task Force recommends that such agreements should contain the characteristics set out in this document. Services to be provided by S1. Cloud . Other jurisdictions would enter into agreements with St~ Cloud t6 receive services and contribute a proportional share of the costs. Uniform service package · Ideally, all participating jurisdictions would receive the same package of services as laid out in the "Description of Services". This would allow for full service, economies of scale and a single point of access for residents. Individual jurisdictions might, however, contract for more limited services if the remaining services are already being provided. Governance · Because services would be delivered by City of St. Cloud staff, St. Cloud would oversee daily operations. There would be an advisory board made up of representatives of all participating jurisdictions. Funding · Participating jurisdictions would contribute to the funding of the services. They might do this on a per capita formula based on their respective populations, or by some other mutually agreeable formula. The current per capita cost for services within the City of St. Cloud only is approximately $1.57~ The actual cost for human rights services would be set by negotiation among the principals. Accountability · The St. Cloud Human Rights Office would keep track of services delivered to residents of the various participating jurisdictions and would report these statistics regularly. Normal contractual provisions · In addition to the characteristics laid out here, the agreements should include all of the normal provisions that are customarily included in agreements among jurisdictions, subj ect to the agreement of the principals. (6) Suggested Resolution for County Commissions Regarding the Creation.of a Regional Human Rights Office Whereas: The Regional Human Rights Task Force has found that there is a need for human rights services in the three counties of Benton, Sherburne and Stearns, and Whereas: The Task Force has recommended that the idealway to deliver these services would be to form a new office created and funded by the three counties, and delivering services to the entirety of the three counties, Now therefore be it Resolved: That the County Commission of [county] reaffmns its support for human rights, human rights education, and the right of all Central Minnesota residents to be free from unlawful discrimination, and be it further Resolved: That the County Commission of [county] declares its commitment to work collaboratively with the other two of the above-mentioned counties toward the creation of a three-county Human Rights Office generally as recommended by the Human Rights Task Force, and to report regularly to their respective Commissions on progress toward that goal. (7). REGIONAL HUMAN RIGHTS TASK FORCE. CREATE CommUNITY: Mark Sakry, Co-Chair of Regional Human Rights Task Force DeWaylie Mareck . GRIP (Great River Interfaith Partnership): Mark Jaede, Co-Chair of Regional Human Rights Task Force Charlotte Stephens CITY REPRESENTATION: Waite Park: Mayor Carla Schaefer St. Cloud: Bob Johnson, City Council Member . Sartell: Mayor Robert Pogatshnik Sauk Rapids: Marilyn Patterson, City Council Member St. Joseph: Renee Symanietz, City Council Member Cold Spring: Michael D. Kathman COUNTY REPRESENTATION: Stearns: Don Otte, County Commissioner Sherburne: Chuck Roehrdanz Benton: Earl "Butch" Bukowski COMMUNITY REPRESENTATION: Debra Leigh, CARE Committee Mark Ochu, NAACP President Dan Anderson, Human Rights Commission Chair FelixTristani, Casa Guadalupe/Cold Spring RESOURCE ASSISTANTS: Silvia Ferraretto, Community Services Director, City of St. Cloud Ruth Wiechman, GRIP Organizer Baba Odukale, Human Rights Director, City of St. Cloud Sue Wilken, Recording Secretary, City of St. Cloud HedyTripp, Create CommUNITY Coordinator FACILITATOR: R. Joseph Hobson Paul L. Ringsmuth (alternate) no alternate Anita Rasmussen ( alternate) Ross Olson (alternate) Allen Rassier (alternate) Roxanne Chmielewski (alternate) Dan Lieser (alternate) Mary Clifford (alternate) John McCray, NAACP (alternate) Marcia Summers (alternate) Dara Fernandez (alternate) @ 2006 Street Improvements St. Joseph, MN Project Update Project Contacts Tracy Ekola SEH Project Manager Jerry Siegfried SEH Project Representative / Construction Observer 320.980.4107 C &L Excavating Prime Contractor 320.363.1221 City of St. Joseph Sarah Bialke 320.363.7201 sbialke@cityofstjoseph.com sqoe0603 June 2006 I Project Update NO.3 Thank You We appreciate your input and concerns and would like to invite you to contact us with your questions. We will work as promptly as possible to accommodate you. Construction has been underway for approximately one month. The project team would like to thank you for your cooperation on the project to date. Your continued patience and understanding makes construction move ahead smoothly. F or those of you who have contacted us with questions about the project, we will continue to make every attempt to provide answers to you in a timely manner. Questions and Answers Q: What will happen to my sprinkler system or pet containment system during construction? A: Property owners who have a sprinkler or pet containment system are encouraged to remove the portion of the system installed within the public right-of-way prior to construction. Systems should also be removed from the area where your sewer and water service lines will be constructed. The sprinkler distribution pipes should be exposed and pulled up to the property line so that they are visible to the-Contractor. Since the sprinkler heads are often the most expensive component of the system, consider removing them from the distribution pipes. Apply duct tape to the end of the pipes to keep out dirt and debris. The City of St. Joseph and the Contractor will not be liable for damage to sprinkler systems that are installed within the public right-of-way. Residents should reinstall the systems after the sod and restoration work is complete. Q: What will happen to the landscaping, fences or planters that are on the boulevards? A: The Contractor will salvage any landscaping that is located within the right-of-way and will place it on your property. If you wish to have material placed in a certain area, please iet us know in advance and we will try to accommodate you. The Contractor will not reinstall this landscaping until later in the project. Heavy equipment and construction in progress can be strong attractions... . Concrete Curb, Gutter and Driveway Concrete requires adequate time to cure and reach its design strength. F or this reason you should not drive vehicles on your new concrete apron or driveway for seven days after installation. Your cooperation is appreciated to ensure a longer life for your new concrete apron or driveway. Schedule Update What's done? Sanitary sewer and water main construction is complete on 3rd Avenue. The Contractor is finishing the connections to the existing sewer and water services. The storm sewer construction on Able Street from 2r1d Avenue to 3rd Avenue is expected to be complete by the end of this week. Curb, gutter, and other restoration work has begun on 3rd Avenue Northeast. What's next? Removals will be taking place on 2nd Avenue. The Contractor expects to start sanitary sewer and water main construction on 2nd Avenue on June 22, 2006. . July 4, 2006. The construction project will be shut down from July 1,2006 through July 5,2006. The Contractor will be available during weekends and holidays for emergency site grading or construction related issues. Construction Site Safety Remember, there will be some deep utility trench construction and, of course, heavy machinery operating on site. Heavy equipment and construction in progress can be strong attractions to everyone, especially children. Warn your children not to play near machinery and construction material storage areas. Your help in keeping children and other bystanders away from the construction area will help to ensure that the project will progress smoothly. Special Events If you are planning a special event, such as a graduation party, please notify the SEH Project Representative a week in advance of the event. We will forward your information to the Contractor in an effort to accommodate your access needs as best as possible. 2006 Street Improvements St. Joseph, MN Project Update I June 2006 I No.3 Your Driveway' It is the City's policy to reimburse property owners who complete their driveway restoration privately rather than as part of the public improvement project. This policy applies ifthe resident is replacing their entire driveway and wants to complete it as one project rather than doing a portion of the work privately and having the City restore the portion disturbed by the public improvements. The reimbursement policy is as follows: . Property owner notifies City that he/she wants to do the entire driveway privately. . Property owner reconstructs driveway. . City pays property owner the amount that City would have paid the contractor for replacing the structural portion of the driveway, to the extent this work was included in the plans. For example, if we show that a bituminous driveway will be removed and replace to the property line, we would reimburse the property owner for the cost of the gravel base and bituminous surfacing that would have been constructed to restore the driveway to the property line. . Payment by the City would only be made if the property owner can present a receipt showing that the work has been completed and paid for. Note: The City only reimburses the property owner for the structural materials placed to return the driveway to its original condition. For a gravel driveway, the City installs only gravel. For a bituminous driveway, the City installs the gravel base and pays for bituminous surfacing. For a concrete driveway, the City pays for concrete. Payment is for these items only. The City does not pay for sub grade work, topsoil, sodding, or other related items of work, as the contractor will do this work. The City does not pay for the cost for the driveway to be upgraded to a different surface type (i.e. concrete when the existing driveway was bituminous.) Also, the City does not pay for any costs incurred by the property owner because of timing issues. For example, if the contractor's operations cause delays which affect the property owner's price, there is no reimbursement for this. It is the property owner's responsibility to cover any additional costs if the private restoration work is a higher cost than the City's reimbursement price (i.e. the City pays the amoUnt that would have been paid to the contractor for replacing the portion due to the street reconstruction). The City is not responsible for the additional cost if the private driveway restoration is higher than the City's contract unit price. You may call the SEH Project Representative if you have questions regarding this policy. 2006 Street Improvements St. Joseph, MN Project Update I June 2006 I NO.3 It is the City's policy to reimburse property owners who complete their driveway restoration pri\Aately.... Short Elliott Hendrickson Inc. 1200 25th Avenue South P.O. Box 1717 St. Cloud, MN 56302-1717 Project Update 2006 Street Improvements St. Joseph, MN Ol!i~"""_ If'te;;;;(.;1\.,;; ~~ fr,''"'', ~;;11 ~i Ii.""':M.,,i JUN 1 4 2006 CITY OF BY. JO.cc"c:cw ...., ...... ~ '! June 13,2006 Ross Rieke S1. Joseph City Council Dear Ross, Greetings to you. By way of explanation for this letter "out of the blue": For a short while last summer I became involved with the group of 81. Joe citizens who are concerned about the prospective placement of a corridor road on the south side of S1. Joe. I was not able to stay active with the group, but have been apprised of the discussions through their mailings. When I learned yesterday that you will be attending a meeting tomorrow evening to explain your thoughts and discuss their ideas, I decided to jump in! This postal delivery may not arrive before the meeting, but as decisions are not imminent, perhaps my thoughts are still timely. Some community development decisions are difficult and complicated, but this one should be easy for the citizens of S1. Joe. The Benedictine Sisters, their monastery and their college, are the centerpiece of the town. They are among its founding members, they have been the major player in defining the place, and the history of their order (1500 years in existence and 150 in this place) informs us all that they are permanent residents. While I do not understand all the development issues relating to the need for a new road, or the geographical options for placement, the one thing that is perfectly clear is that the plan that places it on the sisters' property would result in major vehicle traffic moving between the sisters' monastic buildings and their sanctuary (the woods), and a stones' throw from one of the college's dorms. I cannot appreciate why S1. Joe would even consider undoing the physical and spiritual center ofthe sisters' life and work with a major road through their property. Some campuses, some religious institutions, are intentionally placed in the heart of populated city centers. But in this situation we are not talking about Milwaukee, where Wisconsin Avenue has split Marquette's major urban campus for most of the last century. We are talking about the delightful small town of S1. Joseph, and the sisters who shaped the town. Tom and I live on the south side of S1. Cloud, a short walk from Division Street. We chose that location many years ago in part because we wanted to be in the city. People are not required to live in St. Joe - they choose their area because of its small-town, rural atmosphere. Why then, would the town leadership feel the need to save a couple of minutes of drive time for residents? There are trade-offs in life, and even as St. Joe grows, its easy living is a fine trade-off for the extra mile it takes to buy milk. Atbest, a decision to split the sisters' property with this road would be an insensitive action against the sisters. To me, and to many others not in St Joe but attached to the college and/or the monastery, it would be much worse - it would speak to an arrogant and shortsighted disregard for the lifestyle, history and beauty of St. Joe and its first citizens. Ross, I urge you to exercise your leadership to keep the field street corridor from scarring the sisters' sacred monastic grounds and the serenity ofSt. Ben's college campus. What community development can be worth such damage? On a cynical side note, Ross: I wonder how much time and effort would be expended by planners and developers to plan a major public road between the St. John's Abbey and its arboretum or its monastic gardens or LakeSagatagan, or to place one adjacent to Mary Hall or Tommy Hall, in order to ease traffic for the residents of Collegeville Township?? Why then are the sisters considered fair game for intrusion into their sacred space? Sincerely, /fU~;;- /JLd.Z:Z-<.~4- Mary Mathew 315 3rd Avenue South St. Cloud, MN 56301 PS. In doing a bit of research for a little writing project last fall, I discovered this 1980 photo in the St. Cloud Visitor files. It dates to the sisters' celebration ofthe1500-year- am1iversary of the beginnings of the Benedictine Order in Italy, and is a nice reminder of what the sisters have meant to the people of St. Joseph. cc: Mayor Carlbom, St. Joe City Council Members, Judy Weyrens, Phil Welter 1\.~'\.. J;!~ '\'s. ..~--_...... r-"'- -.-" '. i /- - Jfafj1f/!500TII$wJIaff! / I . r~~~}l~,~~~l;t~~g~ SS I FO~ Chel~ PMY€~ A]JO WO.RK ~ I}! oUF COffi07U}.lICY: City Of St.Joseph .'.Y~;;:, :.. "p.-- \, ,'~ ;; ---- ..--',^"", ~ ~~~~---_. \'-')/ / 'I . (\ ~. DO GROOI ' - /'.... ('.-:-; >.- ,", ~ir., V" \~ '",.'" :)/,,_.<s ; ~.: ',. t~; I Attachment:. %~s or No REQUEST FOR COUNCIL ACTION DATE: June 21, 2006 EDA ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM EDA monthly report. PREVIOUS ACTION None. RECOMMENDED BOARD ACTION For review and approval. FISCAL IMPACT N/A. COMMENTSIRECOMMENDATIONS EDA monthly report offered for your review and approval. R\ MUNICIPAL DEVELOPMENT GROUP, INC. DATE: June 21. 2006 FROM: Mayor Carlbom Chairperson Reike City Council Members EDA Board Members City Administrator Weyrens Joanne Foust & Cynthia Smith-Strack. Municipal Development Group Economic Development Activity Report - May/June 2006 MEMO TO: RE: Municipal Development Group. Inc. has been interacting with a number of prospects throughout the past several years. Following is a summary of activities that have transpired. If you have any questions on any of these or other projects. please do not hesitate to contact us at 888~ 763- 4462. A project number has been assigned to protect the confidentiality of "the businesses prospects. Proiect 01-E: This project involves the expansion of a service within the community. MDG has been keeping in touch with the project contact over the past four and. a half years. This prospect has been working with another entity within the community with regard to the sale of land for the expansion of the service in St. Joseph. Project reviewed at staff meeting on 06.14.06 as part of overall development plan. Proiect03-A: This group of developers are contemplating a large highway commercial development in an area not yet annexed into the City. The development representatives are awaiting the results of the Field Street extension corridor prior to moving forward with a potential project. MDG continues to maintain active correspondence with this prospect including via email on June 21st. Meeting set for July 12th. Proiect 04-B: This developer purchased an industrial lot in the City in 2004. The prospect has no immediate construction plans. MDG, Inc. occasionally follows up with this contact including by mail on June 21st, Proiect 04-F: This prospect contacted MDG in May of 2004 regarding commercial lease space in the downtown area. The prospect continues to express occasional interest in a project in downtown. MDG remains in contact with this prospect occasionally including via email on June 21st. Have given this project contact info on Collegeville Development facility. " EDA Report - May/June 2006 Page 1 Proiect 04-H: This project involves the sale/revitalization of the Dehler/Linneman building." MDG last spoke with one of the owners of the project on May 31 st. Proiect 04-N: This business is currently a home occupation in an adjacent area. The business owner contacted the City in 2004 re: industrial acreage. The business prospect recently executed a purchase agreement for the final vacant lot within Buettner Business Park. A site plan has been drafted but not yet submitted for approval by the City. The construction timeline is tentatively 2007. MDG remains in touch with the property owner including via mail on June 21st. Proiect 05-0: MDG spoke to the project representative initially in June of 2005 to respond to very preliminary requests. MDG met with the prospect and an industry specialist from the Mn. Department of Employment and Economic Development later in the year. MDG continues to remain in contact with this prospect including most recently via mail on June 21st. Proiect 05-1: This project involves a potential new investment within the business community. Property has been secured and concept planning is on-going. The EDA and City Council approved a preliminary application for TIF assistance in May. Final TIF application is being drafted. Meeting set on June 28th regarding potential expanded TIF boundary. Proiect 05-J: This developer contacted MDG in Mid-December and is seeking three to five acres of industrial land to establish a new distribution facility. MDG has been in contact with the prospect on several occasions and has "forwarded information to the owners of potential industrial lots in the City. MDG has met with this prospect and encouraged prospect to secure interest from investors anq financing." In the meantime, MDG occasionally follows up to offer assistance including via email on June 21st. " Proiect 06-B: This project involves investment in commercial property within the City of S1. Joseph. MDG has met with the prospect on two occasions and forwarded information as requested. MDG last followed up with this contact on June 21st via mail. The project representative remains concerned about existing transportation studies and how they impact potential development. Proiect 06-C: This lead was forwarded from the SCAEDP. The contact is interested in two acres of shovel ready in,Gustiial property somewhere in the S1. Cloud area. Strack followed up with the contact via phone on June 21st. No further decision has been made, project on hold. Proiect 06-0: This project involves the relocation of a production facility from a nearby township to an urban service area. This contacted phoned MDG in March with a request for information. MDG mailed requested proposal to the Company and routinely follows up with the project representative~ Last contact occurred by phone on June 21st. Proiect 06-E: This project involves starting a new restaurant within the City. The project representative phoned MDG in March with a request for information. MDG coordinated request with project 05-1. Project 05-1 has indicated they have followed up with the pr~ect representative. MDG most recently followed up with this prospect via phone on June 21 . The project representative noted he prefers to purchase rather than lease space. EDA Report - May/June 2006 Page 2 Proiect 06-F: This project contact phoned MDG in June re: commercial property for sale within the CBD. Prospect seeking existing buildin~ to purchase. Strack met forwarded representative information re: parcels available on June 51 . Met with project representative and toured DT on June 7th Followed up with representative via phone on June 21st. Representative notes she likes St. Joseph but has continued to look for space in other locations as well including Waite Park and St. Cloud. Proiect 06-G: This project involves the subdivision of a 32 acre parcel for industrial use. MDG continues to remain in contact with the project representative. Requesting authorization from EDA to work on Bioscience Business Development Infrastructure Program Grant Application at June meeting; NOTES FROM MAY EDA MEETING: Preliminary TIF Aoolication: Colleaeville Develooment The EDA recommended the City Council authorize the submittal of a final TIF application by Collegeville Development in conjunction with a redevelopment project in Downtown. The Council . subsequently approved the preliminary application and authorized submittal of final application. Preparation of the final application and associated TIF documents is underway. EDA will comment on potential expanded redevelopment area boundary at its June meeting. Redevelopment TIF district boundaries which encompass a larger area than the proposed project could potential support additional redevelopment efforts in the vicinity of Downtown. Downtown Revitalization Plan The EDA reviewed and recommended the City Council approve a revitalization plan for the Downtown at the May meeting. The City Council subsequently approved the revitalization plan and authorized project initiation. Currently four work groups outlined in the revitalization plan are being populated. Initial work group meetings occurred on June 14th. Next meeting for each work group is scheduled for mid-July. Business Assistance ReDorts Required reports were submitted to the State Auditor's Office regarding business subsidies issued in 2005 and those with outstanding joblwage goals. There were no business subsidies issued in 2005. All job/wage goals required by previous business subsidies have been attained. TIF payment to be disbursed to TIF 1-3 and TIF 1-4 in June. EDA Report - May/June 2006 Page 3 SEH June 30, 2006 RE: St. Joseph, Minnesota 2005 Hill Street &3rd AvenueSW Improvements SEH No. A--STJOE 0411.01 14 Bernie. and Betty Schloemer 701 Hill Street West St. Joseph, MN 56374 Dear Bernie and Betty: This letter is regarding the letter YOll sent to Short Elliott Hendrickson Inc. (SEH@) dated June 24, 2006 regarding the culvert under Hill Street located near your property. In the spring of 2006, we were notified that water was being trapped in the culvert due to the fact that the sod initially installed was placed higher than the invert, trapping water within the culvert. This problem has been resolved, although water is still apparently sitting in that area. The culvert that was re-installed as a part of the Hill Street Improvements was placed at the same, or very close to the original elevations. We agree that there is a potential for ground water inundation in this area and weare working on correcting the issue. We will respond further as we continue to look into the problem and find a solution. Duting this project, you requested to have the drainage patterns in the front of your house altered to take the water which originally went to the west, now toa swale on the east side of your yard. This swale was going to be final graded and established by a contractor coordinated by you independently of the project. The changed drainage patters (Le. due to the relatively flat grade of the side yard swale on your property) appears to be contributing to this drainage problem. Your continued patience is appreciated. Sincerely, "F~ Tyson Hajicek, PE Project Manager jmw c: Tracy Ekola, SEH Judy Weyrens, City of St. Joseph (w/enclosure) Dick Taufen, City of St. Joseph (w/enclosure) p:\p\\$lsljoe\041101~orr\j.r! larson re bru~ bayer06300s.doe Snort Elliott Hem::lricksol1 in;::., 1200 25th Avetllle South, P;Q. Box !717, St. Cloud, MN 56302-.1717 SEH is an equal opportunity employer J www.sehil1c.coml320.229.4300 I 800.572.0617 320.129.4301 fax June 24, 2006 8EH Tracy Ekola 1200 25th Ave. S. P.O. Box 1717 81. Cloud, MN 56302-1717 Re: Culvert under Hill Street West at 701 Dear Tracy, We are addressing you, as St. Joseph City engineer, in regards to what is being done about the water that we continue to have running onto our property from the culvert under Hill Street West. Through all of this last dry spell this area has never even come close to drying up. There are spots that have been wet long enough that algae is growing there. There is constant water seepage and we are beginning to believe that it is seeping from under the culvert rather than from inside. Before this project was started, we would have water sitting fora very short time after a heavy rain but now we have water all of the time. This area is now turning into a swampy area that we will not be able to mow. When this culvert was installed was it bedded with a material that is more porous.than all of the surrounding material, thereby creating a conduit under the culvert for the water to flow? If this is true, then when the water flow is at its slowest we will get all of the water flowing our way thus creating the mess we have there now. We are extremely disappointed in how this project is turning out, between the water problem that was created and the way the culvert was installed. This culvert, as it was installed, can not be mowed with a lawn mower and looks ugly. I do not know of anyone who would want that in their front yard. We are afraid that the street will be finished and nothing will nave been done to correct these problems and we will be expected to live with this mess. We have been waiting all of this time for something to be done. It has been looked at many different times and still nothing has been done. We are starting to believe that nothing is going to be done. We should not be asked to live with this problem which was created by this project. Sincerely, ~~/Jdiy~ Bernie and Betty Schloemer 701 Hill Street West St. Joseph, MN 56374 Phone: 363-8682 copy to: Mayor, Richard Carlbom; Council persons:' AI Rassier, Ross Rieke, Renee 8ymanietz, Dale Wick; City Administrator, Judy Weyrens; Project Engineer, Tyson Hajicek; and file copy