HomeMy WebLinkAbout1998 [06] Jun 25 {Book 14}
2. Approve Agenda
3. Approve Minutes - May 21, 1998 & June Il, 1998 minutes
4. CONSENT AGENDA
a. Watab Creek Deer Hunters Exemption from Gambling Permit, Event to be held
LaPlayette, September
b. Liquor Licenses
c. Application for Payment #2, 1998 Street Improvement Project, to Hardrives,
Inc. of $102,212.32
d. Local Performance Aid
e. Budget 6chedule
f. St. Joseph Volunteer Firefighter6 Exemption from Gambling Permit, Event to be
held at the LaPlayette on August 21, 1998.
5. Bills Payable Overtime & Callouts
6. Sewer Rates
7. PUBLIC COMMENTS TO THE AGENDA
8. Department Head Reports
a) Director of Public Works
1) Increase in number of monthly bacteria samples taken throughout the
distribution system increased from two to five.
2) Amendment to Road Maintenance Agreement
3) Repair of One Block of Lynx Avenue 91·~ to 90~h - Proposed Joint Venture
with St. Joseph Township.
9. 7:30 P.M. - PUBLIC HEARING FOR DELINQUENT UTILITY BILLS
10. City Engineer Reports
a) 1998 Street Improvement Project.
b) Proposed Extension of Water Service from Minne60ta Street to Baker Street on
91·~ Avenue.
1I. 8:30 P.M. Pond View Ridge Fifth Addition Final Plat
12. Central Minnesota Initiative Fund request for Contribution of $6,096
to Support the Stearns County Capacity Fund Campaign. (Do you wish to have
a personal visit or are you comfortable taking action without a representative visiting
with you.)
13. 9:00 P.M. Consideration Ordinance 111 Prohibiting Public Nuisances
and Amendment to Ordinance No. 55 Housing, Maintenance and Occupancy.
Persons wishing to speak on this item may approach the microphone and
address the Council. Each person will be limited two minutes.
14. 9:15 P.M. Site Communications Lease Agreement - Council consider
entering into a non-exclusive agreement with Wireless Communications
Venture, LLP
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15. Cable Access Issues
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16. Stearns Electric Aid to Construction Charge for Installation of
Lights in Pond View Ridge - Consider one time payment of $3,205 or
Permanent Payment of $53.90 in addition to the monthly usage for as long
as the lights are in use, 5 Years is the payback time on the monthly
charge($53.90 monthly construction charge X 59.5 months = $3205)
17. 9:30 P.M. Joint Powers Board Membership - Rose Arnold Resigned
18. Mayor's Report
19. Council Reports
20. Clerk/Administrator Reports
a) Residents on County Road 121 East have Expressed Interest in Annexation,
. would like consideration of Utilities included in that Street Improvement
Project Scheduled for 2001.
b) Received notice from the Department of Natural Resources that the Brian
Klinefelter Memorial Park Trail grant has been closed out
c) Election Polling Places Precinct One - City Hall, Precinct Two - Legion,
Precinct Three - CSB Alumnae Hall
d) Minnesota Municipal Clerks Institute July 13 - 17 in St. Paul - Judy Weyren~
requests to attend, Registration fee $325.
21. Miscellaneous or Announcement Items
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Unofficial minutes Revised Draft, 6/11/98 Page 1
. Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular
session on Thursday, May 21, 1998 at 7:00 p,m, in City Hall.
MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary
Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: Judy Weyrens, Chad Carlson, Ellen Wahlstrom, Steve Streng, Kevin
Weisser, Fred Reber, Jim Graeve, Tom Herzog, Ray Loehlein, Vem Boos, Mark Levandowski.
Mayor Hiemenz called the meeting to order at 7:00 p,m. with Councilors Loso, Ehlert, Niedenfuer
and Twit present.
AGENDA: Twit made a motion to approve the agenda as revised; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, IWill
Nays: None. Motion carried.
MINUTES: Mayor Hiemenz stated the minutes should be noted unofficial rather than draft.
Loso made a motion to approve the minutes as presented; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. i:fi
Nays: None. Motion carried.
CONSENT AGENDA: The council considered the consent agenda as follows:
A. Variance on Garage Size in Pond View Ridge, Kevin Weisser - Planning
Commission's Recommendation to approve as follows:
. The property is legally described as Lot 8, Block 4 Pond View Third Addition; 337 Pond
View Lane. The request for variance has been submitted by Kevin Weisser, 32612
Pamela Lane, St. Joseph MN 56374
RESOWTION OF FINDINGS
The request of Kevin Weisser for a variance came before the Planning Commission at a
public hearing held on May 4, 1998. The purpose of the hearing was to consider a 216
foot variance on the maximum allowed square footage for an accessory building. St.
Joseph Code of Ordinances, 52.16 subd 4(e)[i] states One or two accessory buildings
covering a combined area not greater than 900 square feet are permitted.
In consideration of the information presented to the Planning Commission and its
application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the
Planning Commission makes the following findings,
St. Joseph Code of Ordinances 52,7 subd 2(c): That granting the variance requested
will not confer on the applicant any special privilege that is denied by this Ordinance to
other lands in the same district.
Finding: The St. Joseph Planning Commission has been reviewing and preparing
recommendations to update the St. Joseph Code of Ordinances. During this
process, the Commission will be recommending the Ordinance 52,16 subd 4 (e)[i] be
changed to allow 1100 square feet and delete 52.15 subd 4(e)[ii]. The
recommendation is to increase the maximum square footage of accessory building
by 80 square feet. The maximum lot coverage provision would still apply.
. St. Joseph Code of Ordinances 52.7 subd 2(d): That the proposed variance will not
impair an adequate supply of light and air to adjacent property, or diminish or impair
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Unofficial minutes Revised Draft. 6/11/98 Page 2
established property values within the surrounding area, or in any other respect .
impair the public health, safety or welfare of the residents of the City.
Therefore. based on the above findings, the Planning Commission makes the following
recommendation:
Approve a 200 foot variance on the maximum allowed square footage of an accessory
building, The Commission is recommending decreasing the request from the original
216 square feet due to the proposed Ordinance change. It is the opinion of the Planning
Commission that 1100 square feet of accessory building is sufficient for Residential
zones.
B. Special Use Permit to allow a rental unit in a General Business Zone, by Michael
Deutz - Planning Commission Recommended tabling the matter for up to one year
as follows:
The property is legally described as follows: The South half of Lot 7 of Block 9 of the
Original Town of St. Joseph, Steams County, Minnesota. Less and except the east
10.00 feet thereof,
The Commission discussed the need to have a development plan before approval for a
Special Use Permit is issued and tabled the matter for a period not to exceed 12 months
on Deutz's written agreement to waive the 60 day statutory land use action requirement.
C. Cell 2000 Request to Lease Space on Water Tower - Refer to Task Committee .
(Mayor Hiemenz, Richard Taufen, Rachel Stapleton)
D. Set Council meeting dates for June and July Council meeting dates to June 25and
July 16, (omitting the regular meetings of June 18 and July 2).
E. Resolution to Decertify Tax Increment Economic Development District Number One
(DBL Labs TIF District), due to no activity within three years of the certification,
certified April 27, 1995.
F. The Fire Department is requesting to hold a water ball competition involving about 8
area Fire Departments, on July 3rd at 7:00 p.m. on Minnesota Street by the Krebsbach
property. This would require closing one block of Minnesota Street from College Avenue
to 1 st Avenue East from about 6:30 p,m. to 9:00 p.m, Both the Parish and County
Engineer have been contacted and neither has a problem with it.
The Council discussed the Planning Commissions findings on the Variance request supported
them. They also discussed if the proposed Fire Department water ball competition would conflict
with the 5K run July 3rd. Ehlert made a motion to approve the consent agenda accepting the
Planning Commissions recommendations for the Variance and Special Use Permit requests;
seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion camed,
BILLS PAYABLE, OVERTIME & CALLOUTS: Deputy Clerk. Judy Weyrens presented the Bills
Payable check numbers 25435 through 25483 and discussed several bills and the breakdown of
revenue derived from the auction. After short discussion Loso made a motion to approve the .
bills payable; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
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Unofficial minutes Revised Draft, 6/11/98 Page 3
. Nays: None. Motion carried.
After a short discussion of planned overtime Twit made a motion approve the callouts and
overtime as presented and to require all planned overtime have prior approval of the City
Council, with a memo relaying the information to the Department Heads; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC COMMENTS TO THE AGENDA: Ellen Wahlstrom, Resident of St. Joseph, stated the
audio needs to be better for transmission over the cable access channel, and recommending
everyone speak into the microphones. She stated all material included in the Council discussion
and presented at the meeting needs to be available to the public.
Jim Graeve, Resident, complimented Councilor Niedenfuer for holding monthly meetings. He
also recommended keeping the papers away from the microphones and not shuffling them, and
only one person speaking at a time.
Chris Govern, Tenant, stated that a noise violation hearing to be held on June 4, 1998, arose
from an incident at their residence. He stated some of the residents of the property will not be
able to come to the hearing, but wished to present a formal public apology. Govem spoke for the
house and formally apologized.
Fred Reber expressed concern about a building permit being issued for a non-conforming use on
a property. Mayor Hiemenz indicated the matter has been taken into consideration and the City
Attorney was consulted for recommendations on the matter. The resident confirmed he will only
. be using the property for his own use.
DEPARTMENT HEADS REPORT
EDA DIRECTOR - CHAD CARLSON:
1) TIF Policy - Carlson presented and discussed a TIF Policy for the City of St Joseph, as
reviewed, approved by the EDA Board and recommended that City Council approve it as well.
Discussion - $17,000 is required up front deposit by a developer. Carlson stated this amount is
recoverable by the developer through the TIF revenue,
Twit made a motion to approve the Tax Increment Financing Policy as recommended by the
EDA Board; seconded by Ehlert. Discussion - Ehlert discussed making projections on area
growth as well as jobs,
Jim Graeve questioned if there is any guarantee of the level of pay required for jobs, such as the
prevailing wage. Discussion followed of the allowance for negotiation with the company in
several areas including level of pay, and requirements area impose. The company needs to
demonstrate the "but for" clause that without TIF financing the project would not be feasible,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Carson stated the County Road 133 Right-of Way issue will be dealt with at a future date and
recommended holding a special meeting to address the matter. The Council agreed to hold a
special meeting on Friday, June 5, 1998 at 3p.m.
The resident concerns on County Road 133 would also be addressed at the special meeting.
. Ehlert asked to hear their concerns at this meeting since they were in attendance. Mark
Levandowski, Tom Herzog, and Vem Boos discussed that their properties all lie on the proposed
curve for the realignment of C. R. 133. They expressed traffic and safety concerns. They also
have concerns on the funding of the project and benefit to property owners,
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Unofficial minutes Revised Draft, 6/11/98 Page 4
Further they discussed, it was their understanding the County was supportive of the City .
determining the precise location for the realignment of C. R. 133. They recommended locating it
on Joseph Street, thereby providing a much needed upgrade to that street, extend C. R. 133 east
from Joseph Street to connect in the area of Bee Line Marine to access that stop light,
eliminating an additional proposed stop light on CSAH 75. This matter will be further addressed
at the Special meeting scheduled,
Carlson reported the Building Task Force recommended reviewing the existing site for feasibility
of revamping it for use as an interim building for the City needs, while delaying construction of a
new facility a few years. A representative of Hagemeister Mack will review the situation and
present a proposal.
POLICE REPORT ON STREET FIRE: Mayor Hiemenz as Police Commissioner, reported there
were two recent street fires. He recommended more people pay attention to activities in their
neighborhoods and report them to the police, Mayor Hiemenz wished to thank the person that
notified the police and allowed Officer Bill to catch one individual alleged to be one of the
persons responsible for that fire providing an opportunity to charge him with arson.
EMERGENCY SIREN: Loso presented a proposal for a second emergency siren to selVe the
southeastern portion of the City. He stated the costs of the siren is about $15,200, $450 is
deducted if payment is made within ten days of receipt of the siren, The cost of the 65 foot pole,
on which the siren will be mounted, is $1,401.30 plus installation, St. Joseph Township has
agreed to donate $2,500 toward the siren. With the budgeted amount and the donation from the
Township there will be a deficit of about $4,200 to be provided from the General Fund. After
short discussion Twit made a motion to approve the purchase of the siren with installation and
allow the deficit be funded from the General Fund balance as presented; seconded by Ehlert. .
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
JOINT PURCHASE OF THE ROTH PROPERTY: Mayor Hiemenz stated St. Joseph Township
has agreed to joint the City in the purchase of the Roth property or are comfortable not joining
the City in such purchase at the City's discretion, They are comfortable with either situation.
Loso presented Minnesota Statutes 462.356 Subdivisions 1 and 2 discussing certain procedures
required for municipal acquisition or disposal of real property or capital improvement, after a
comprehensive plan has been approved by the planning agency and filed with the governing
body, He stated the proposed purchase needs to be considered by the Planning Commission.
Niedenfuer Loso stated that to supersede such requirements a two-thirds majority vote is
needed by the council. He also felt the City may not speculate on property.
Loso made a motion to table the matter until the Planning Commission can review it or unless
two-thirds of the Council deemslhatthis matter has no relationship to the Comprehensive Plan
or that the purpose of buying this property is directly for the benefit of the City or the City
residents; seconded by Niedenfuer. Discussion - Ehlert did not feel this proposal was
speculation, as it would provide a good site for the City facilities. Loso stated the site for the
City facility has not been determined yet. He further stated the neighborhoods such as the one in
that area need to be preselVed.
Ehlert stated he was opposed to having additional information introduced to the Council at the
meeting, He felt they should have been given the opportunity for prior review of it.
Vote on motion to table: .
Ayes: Loso, Niedenfuer.
Nays: Hiemenz, Ehlert, Twit. Motion fails.
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Unofficial minutes Revised Draft, 6/11/98 Page 5
. Further discussion: Twit reiterated Ehlert's statement of wanting to receive the information prior
to the discussion at the meeting. He further stated the Roske property with the Roth property is
one of the sites being considered for the municipal building. Therefore this is not speculation,
Niedenfuer stated the Mayor indicting acquisition of the Roth property, making that part of the
Roske property more marketable would be considered speculation. She also wished to preseNe
the neighborhoods. She further stated the City coulciconsider usinøthe adjacentlotof th~
~fi~ii~iii~îiWiKdi¡i¡¡~I..trl.lfllt($itll'l~ttY~~twmªY,f~ªºi
Mayor Hiemenz stated íigl«tg~1IOC~iîiI"iilt'~~iff!t~ê\Dìéj1~~¡~~KQffi~~~ºRfi
§~ljt.€Ia~ this matter was brought to the Council earlier and the price has been negotiated and
lfi¡~QI¡~~ii~fuÎÎi¡í!iï~J~~ct on it, §ñíg:uìifi~¡lgj¥i~~4~~PíilKQi!i§tì!fil§¡liif~~$(gº
After further discussion Twit made a motion to pursue the purchase of the Roth property, jointly
with St. Joseph Township as proposed, subject totheSityAttol11eY's~~"i~~anclinterpretation of
~1¡fil~i~.;œ~lli'¡I(¡_~,ijJi.ltt.í~:~~~dt~9~\'~~§ºi1ªª~
Ayes: Hiemenz, Twit, Ehlert.
Nays: Loso, Niedenfuer. Vote 3:2
1997 AUDIT: Twit questioned the status of the recommendation from the audit to bill St.
Beneciict~ and. reque~ted.the Council. receivea. copyof.thereferencecla!J~E:}~ment, tWitf~~;
f~1t1¡ìi}¡ll§iQÜrl~lig»ililiW~igrº:~!iimJltg~&fJ1~f~{lj~bji}lò9t[æ-ñ:ÞÎ!~'QÙ!. Stapleton stated
. St. BenedictsOfficialshavebeen contacted and a letter of billing with supporting information has
been sent. If j~mJi!n~£~º~§t~ the Council be provided copies of the agreement.
c{)I!~9te~1~m~!~fi~l{)rm~tjg~¡,~$I!~,~;~Piª¡~~}P~¡f~~artf1jngltþ~j~~,w{)rI§ffQm~4.~2~
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tim~{,~'àp~â~0iÍÍ]tti~,'åÜqlfI¡II!¡,§~~pi~!qfí¡t~~Ìiâê(iújåf,snewa~rió[S\J~¡ýìheruit.,WóUld~
~g~ij1~.:KI~li;.~¡tìlª§!f,'§~",SJªJ~fÞaf!ff'wa~'tied'lþg~ttìer,Witb'Üìê'
Mayor Hiemenz wished to note that the Audit report also commended the City on establishing an
Investment Committee,
COMPLAINT: After short discussion of Council involvement in decisions on complaint
procedures and the requirements of the data privacy laws, Loso made a motion to take no action
and allow the decision of the Chief of Police to stand as a final disposition per the City Attorney's
recommendation, The motion was seconded by Twit. Discussion - Mayor Hiemenz reported
that the Chief of Police felt the matter should be investigated by an outside agency, but the City
Attorney felt there was not need.
MAYOR REPORTS: 1) The Stearns County League met recently, Items discussed were
. upcoming well water testing clinics, Paynesville's contamination in their municipal wells, and the
Cities need to attend the public hearings on Steams County's proposed feed lot ordinance.
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Unofficial minutes Revised Draft, 6/11/98 Page 6
2) The St. Cloud Area Planning Board consultant are requesting infonnation from the area .
communities. There will also be requests for some people to serve on subsidiary committees.
One area of work will be on the fringe areas.
3) The Coalition of Greater Minnesota Cities will be holding their annual conference in Mankato.
4) The 1998 Street Improvement project caused some concern on 5th Avenue SE with the street
being placed off center. The Engineer stated this was necessary to align it with prior projects
and felt the matter was resolved.
5) Chief Lindgren and Mayor Hiemenz attended a seminar on race relations recently. He
indicated a need to be proactive rather than reactive, and stated he is willing to work with anyone
who should wish to work on this issue,
6) Mayor Hiemenz reported he and Richard Taufen are looking into a situation of a resident
concern of her private driveway being used as a public roadway. The "Dead End" sign needs to
be removed with possibly a "Private Drive" sign installed,
COUNCILORS REPORT
TWIT: 1) The EDA Board met twice recently to address the TIF Policy. Ed Tschida, Minnesota
State Planning, met with the Board and indicted support of the philosophy to be ready to
construct, rather than extending resources in speculation. He state the City needs to be able to
provide water to a property for development within 90 days of contact,
2) The Investment Committee met recently, reviewed the Bond Issues, and recommended .
establishing a policy to retain six months reserve funds as a minimum goal.
3) Garbage pickup for rental units of three or less was recommended by the Rental Housing
Ordinance Review Committee. Twit and Loso will meet with the refuse service representative to
work out the details.
EHLERT: 1) The Joint Powers Commission of the City and Township and the District three
County Commissioner will meet on June 2 to consider a petition to plat Bauerly Addition.
2) The Planning Commissions of the City and Township also will be meeting to review and
consider revising the Zoning Ordinances of each entity to coordinate the zoning. The Township
Attomey and the City Engineer will be used in this project.
3) The Park Board met recently with the main focus of interest being Northland Park. The Park
Board has gathered infonnation from the Northland property owners on their desires for the
development of Northland Park with a willingness express by the residents to donate towards its
development.
4) The Special Planning Commission meeting scheduled for May 20 was cancelled due to lack of
a quorum.
LOSO: 1) The Building Task Force met recently and is proceeding with review of building sites.
2) The emergency siren is expected to arrive in 8 to 10 weeks.
NIEDENFUER: 1) CORE met recently with a year end wrap up pizza party, with the pizza
donated by the colleges, Another community day is being considered with perhaps a brunch and .
children's activities.
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Unofficial minutes Revised Draft, 6/11/98 Page 7
· 2) A mural was completed on a building on Minnesota Street. This project incurred more cost
than was anticipated. Donations are being sought to assist in defraying the $1,300 cost of the
project. After short discussion Loso made a motion to approve $400 toward the funding of this
project; seconded by Ehlert
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
3) A self defense course for women has been scheduled to begin June 3rd with Certified
instructors, at a subsidized cost per participant of $15 (normal cost is $50).
4) On Niedenfuer's asking the status of the concern on alleviating the safety problems on
Minnesota Street by the Lab School, it was reported the Maintenance Department has not yet
made any report on the signage recommendations.
CLERK/ADMINISTRATOR REPORTS: 1) The Board of Equalization Report of Values Sent to
Property Owners.
2) The State Demographer reported the City ofSt. Joseph's 1997 population estimate is 4,475,
with household estimate of 1,013
3) A request for street signs in Pond View Ridge on Dale Street by 10th Avenue SE was referred
to the City Engineer.
4) Dog licensing clinic was held with 29 dogs serviced at the St. Joe Vet Clinic, while the City has
· sold 23 dog licenses. Twit reported Dr. Boysen expressed strong feelings of the need for greater
enforcement of licensing and dog control.
5) Summer Workers - There has been no student response in the City seeking summer workers,
which qualify for the ST. Johns Federal program. After short discussion of the immediate need
for workers, Mayor Hiemenz made a motion to approve advertising and hiring three summer
employees, up to 40 hours per week, at a wage range of $6 to $7 per hour, to be to be
negotiated depending on qualifications, with one of the employees to be through the St. John's
subsidized program. Flexible schedules will be considered. The motion was seconded by Loso,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None, Motion carried.
6) The City Attorney is preparing a revision of the proposed rental housing ordinances with the
changes approved by Council, for consideration at the next Council meeting and reviewing the
specifications for the Fire Department Tanker Apparatus. .
7) A meeting was held recently concerning Ordinances for the Lake Wobegone Trail. The
County is working on ordinances that conform to all the communities. Allowed uses are hiking,
biking and snowmobiles, No other motorized vehicles will be allowed.
8) The street lighting will be installed soon. Steams Electric will be installing the lighting in
Pond View Ridge. There was a question if the City would own the equipment after it is installed.
Either method, monthly payment plan or up front costs, Steams Electric retains ownership and
maintenance responsibility for them. The Council requested the proposal to be clarified for
reconsideration.
· 9) A group recently had rénted Millstream Park but the Lions Club used the shelter that evening
with the group meeting outside the shelter. Therefore they are requesting a refund of the rental
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Unofficial minutes Revised Draft, 6/11/98 Page 8
fee. A motion was made by Twit to refund the rental fee as requested; seconded by Mayor .
Hiemenz
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Michael Deutz stated he wished to speak to
the Council. He discussed contact he had with the Fire Chief on a Fire Inspection of his building.
He indicated frustration with the inspection and situation. He felt the Fire Chief should be trained,
educated and certified in areas which he is given authority, such as building inspections for fire
code. The State Fire Marshall was called in to do an inspection of the building and resolve the
matter.
Ehlert stated the planning process is being reviewed to include the Fire Chief in the preliminal)'
planning process, He will receive copies of the minutes and pertinent information.fromtl)e
PlarmingRommissiòn.'Tw¡tclarìfi~that the ,FíreChíeftl~$st~édthatífhejgtocot1tinue
perfòffi1inginspeçîionsheneeds to be involved iothe pfanningprocess.Thushe made. the
requesttòthe PlanningCommíSsion.
Hiemeozstated that the Fire Chiefhasa manual to be used as a guide forinspectlòns andhe
can call the Fire Marshall for areas he is uncertain off. ','Their was a complaint and,theFire Chief
and Building Official prOceeded to respond to the complaint and1nspected the property in
question.
At 10:00 p.m. Mayor Hiemenz extended the meeting.
The Council discussed the level of duties and required qualifications of the Fire Chief, indicating .
as they increase, the time demand of the Fire Chief will be increased. After further discussion
the Council agreed to research this matter through the League of Cities.
Twit made a motion to adjourn at 10:10 p.m.; seconded by Ehert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Rachel Stapleton
Clerk/Administrator
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Unofficial Minutes
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session Thursday,
June 04, 1998 at 7:00 p.rn. in the St. Joseph City Hall.
Members Present: Mayor Kenneth J. Hiemenz. Councilors Bob Loso, Cory Elùert, Mary Niedenfuer, Ken Twit.
Deputy Clerk Judy Weyrens,
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Others Present: City Attorney John Scherer, City Engineer Joe Bettendorf, Public Works Director Dick Taufen, Fire
Chief Dave Theisen, Rick Heid, Bob Herges, Charles Cushing, Carol Cushing, Chris Govern, Norm Gregerson, Ai
Greig, Mike Deutz, Patrol Officer Virginia Gustin, Jim Graeve, Ellen Wahlstrom, Dan Stangler, Margie Kalla, Ai
Kalla
Evidentiary Hearing - 310 Old Highwav 52: _Mayor Hiemenz stated that the owners of 310 Old Highway 52 were
notified of a potential noise violation and have requested an evidentiary hearing. As such the hearing will be
recorded and all persons wishing to speak will be required to use the microphone. The hearing will consist of two
phases: 1) Presentation of information so the Council can make a determination if a noise violation occurred; 2) If
it is determined a noise violation occurred, the Council will consider possible sanctions. Mayor Hiemenz informed
those present of the procedure of the hearing and turned the hearing over to City Attorney John Scherer.
Scherer stated that as a notary public he will administer an oath to all witnesses and called Virginia Gustin as the
first witness. Through questioning, Scherer established the following:
Virginia, (Jean), Gustin was the Officer on Duty for the City of St. Joseph on May 15, 1998. At
approximately 1: 18 a.m. Gustin received from dispatch an anonymous loud music complaint at 310 Old Highway
52, Gustin clarified that she was alone in the marked squad car when dispatched to said address. Upon arriving at
the property she opened the car window and could hear laughter, loud music and screaming coming from said
. property. Upon walking to the front door she met three males who let her into the house at which time she found a
tenant. Gustin stated that a citation was issued to the tenants present for noise as well as a citation for violation of
the Keg Ordinance. Gustin further stated that the noise could clearly be heard from down the street and was loud
enough to disturb the peace of the neighborhood.
Scherer stated that he bas no further questions for Officer Gustin and questioned if the property owners ",ished to
call any witnesses or make any comments.
Norm Gregerson stated that he and Ai Greig are the property O\YIlers at 310 Old Highway 52. He stated that for the
past two weeks he has been approaching adjoining property owners and tenants in an effort to determine the location
of the complainant. He stated that during his discussion ",ith property owners no one indicated there was a
problem ",ith noise other than that of dogs. At this time Gregerson called Chris Govem tenant, as a witness.
Upon being sworn in, Govern offered the following testimony: Govern stated that he is a tenant at 310 Old
Highway 52. On the evening of the alleged violation he returned home from downtown at approximately 1: 10 a.rn.
He stated he walked into the apartment and found several individuals in the lhing room and hallway. It was his
observation that ",ithin the apartment the TV or stereo was not playing so he was not concerned ,....ith the noise level.
He stated that while he was talking to the individuals in the apartment he was approached by the Officer and
questioned if Govern was a resident and asked the remaining people to leave. The Officer stated that she bad been
dispatched on an anonymous complaint of noise and she would also be citing him for violation of the Keg
Ordinance, Govern stated that his residence is the fIrst of seven (7) college rental units and it was his opinion that
due to the time of night the noise could have come from outside as residents are returning home from downtown,
Scherer questioned Govern and established the following: Goyern was inside the aparunent when Officer Gustin
arriyed and was unaware of what activity was taking place outside or the extent of noise outside. Further Govern
clarified that there was not a mass of people walking around outside, Scherer clarified that Govern has already
. pleaded guilty to the citation that was issued and received a monetary fine,
Gregerson clarified that the kegs which were confiscated were from two to four weeks ago and the tenants did not
have a party. Scherer stated that the noise allegations do not indicate a party was taking place. rather loud noise was
emanating from me property. Gregerson questioned Govern as to location of the nearest family dwelling unit to 310
Old Highway 52 at which time Govern responded approximately 200 feet. Govern clarified that when he came
jun.~.1998 Page i 0,'9
Unofficial Minutes
home there were approximately 12 to 15 people in the apartment and he was not sure as to where the noise .
complaint came from.
The following is a summary of responses to questions posed to Govern by Councilor EWert: Seven students are
residents of310 Old Highway 52 with 2living in the cove. At the time of the alleged violation the TV or stereo
were not playing and Govern was unaware of any screaming. Govern stated that he was cooperative.with the .
Officer and identifled: whò were residents of said apartment. He further stated that he helped the Officer remove the
confiscated kegs. At the time of the alleged violation, 2 residents were sleeping and 2 were studying at another
site. Upon being questioned by Ehlert as to procedure followed the evening of the alleged violation, and if all
Governs concerns were answered, Govern offered the following response: Govern did have some question as to
whether or not he should have been required to let the Officers in the house, but he did not ask that question until
later. Govern also clarified that the Officer did explain the process to him.
The following is a summary of responses to questions posed to Govern by Councilor Loso:. The 1997-98 academic
year is the first and only year Govern resided at 310 Old Highway 52. This alleged violation is the first offense he
has been involved ·with. Govern stated there were groups of people walking home at the same time he was, but he
was not part of a group.
The following is a summary of responses to questions posed to Govern by Councilor T\',it: Govern clarified that a
gathering did not occur at 310 Old Highway 52 without any of the residents present
The following is a summary of responses to questions posed to Govern by Councilor Niedenfuer: Govern arrived
home at approximately 1 :05 a.m. "ith Officer Gustin being dispatched at approximately 1: 18 a.m. Govern stated
that he did not recall receiving an infonnation packet from the University regardiDg guidelines on acceptable
behavior or pertinent City Ordinances. .
The follo\'.-ing is a summary of responses to questions posed to Govern by Mayor Hiemenz: The 1997-1998 School
year was the first time Govern did not live on campus at sm. In fact, of the seven residents only 2 had previously
lived off campus. Govern again stated that other than an addendwn attached to the lease listing the applicable City
Ordinances he does not recall receiving any information detailing acceptable beha\ior while a resident in St Joseph.
At this time Gregerson called Dan Stangler as a witness. Upon being sworn in. Stangler offered the follo>\ing
testimony: Stangler is a resident at 310 Old Highway 52 and was cited by Officer Gustin for Ùolation of the Keg
Ordinance. He was not issued a noise citation as he was not present when the alleged ,iolation occurred Scherer
clarified and Stangler concurred that he arrived after the Officer arrived and was unaware of noise.
Upon being sworn in. Greig offered the following testimony: As a Landlord it is his intention to cooperate and work
>\ith the City to the best of their ability. He stated they "ish to preserve their property and manage it in a
responsible manner. At this time Greig read the follo"ing extraction from Officer Gustin· s Police Report:
At approximately 0118 hours, Friday, May 15, 1998, I \vas dispatched to 310 Old High\\llY 52 for a loud party
complaint Stearns COUilty dispatch stated that the complaint \\ished to remain anonÌmous and would not leave a
name.
Under oath. Gregerson offered the following testimony: He stated that as a property owner he was concerned from
what location the noise complaint was reported So in an effort to determine the location of the caller, he talked to
Doug Pierce "ith the Stearns County Sheriffs Office. At this time Gregerson presented a hand written note from
Pierce stating that on !vIay 15, 1998 his records do not show any radio transmissions from the Sheriffs Office to the
St. Joseph Police Department behyeen 1 :00 am. and 1 :30 a.m. Gregerson further stated that he does not feel that his
tenants had a party that night as there were no plastic cups strev.l1 on the yard and the grass was not trampled as it
would be if a party took place.
Scherer offered the following response: He stated that since he was not aware of the note signed bv Doug
Pierce. he could not comment on the content. However. Scherer stated that it is possible for the caiier to håve - .
called the St. Joseph Police Department phone number which is rolled over to Stearns County when an Officer is not
on dury. 11ùs type of call may not be classified as a call to the Sheriffs Office. rather one to St Joseph Police. even
¡hough it was relayed from Stearns County. Scherer further clarified that on the evening of the alleged noise
complaint Deputy Memkeen was called to assist as well as other Officers.
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The following is a summary of responses to questions posed to Gregerson by Councilor Loso: Loso clarified that
Gregerson was searching for the location of the anonymous caller when he approached Stearns County, Asa
landowner his i1útial question was if the noise could have come from the 8 plexes or from traffic walking along Old
Highway 52.
The following is a summary of responses tô cìuêSïi01ÎSpoSed to Gregerson by Councilor Ehlert: When Gregerson - -
questioned Pierce at Stearns County he only requested the name and number of the caller of the party complaint at
which time Pierce submitted his statement.
Niedenfuer reiterated the importance of informing tenants of pertinent City Ordinances as well as penalties for
violation of such Ordinances, Landlords have a responsibility to the community and the tenants. She further stated
that it would have been possible for the call to be relayed before 1 :00 a.m.
Scherer recalled Gustin as a witness reminding her that she is still under oath, The following is a summary of the
testimony established. Officer Gustin was contacted through the radio by Stearns County Dispatch of a loud party
complaint at 310 Old Highway 52. The call was reported by an anonymous party. Gustin was in the squad car
when the call came in and upon arriving at 310 Old Highway 52 she could hear screaming and noise. She stated that
she had no doubt that the noise was coming from the property located at 310 Old Highway52, Gustin further
clarified that people were coming and going and when she approached the property she could see people running out
the back door.
The follo'Wing is a summary of responses to questions posed to Gustin by Councilor Ehlert, When a call comes into
Stearns County there can be a time lapse of when it is relayed to S1. Joseph. Stearns County Dispatch is responsible
. for all calls in Stearns County and if radio traffic is heavy on a given night there could be a delay in transmission.
In the past the relay has been very fast, but she could not guess as to the relay time on the night in question. Gustin
further stated that backup arrived around 1 :30 a.m. or shortly thereafter. Upon being questioned if all residents at
a party complaint are cited for a noise violation, Gustin responded that it is done at the discretion of the responding
Officer.
Gregerson stated that he is not pointing fingers at anyone, but the residence in question does not have a back door.
He further stated that he understands that the end of the school year is a stressful time and he hopes that decisions
are not made while on an emotional high.
At this time Scherer stated the Council needs to determine if a noise violation did occur based on the testimony
presented Upon Ehlert questioning if the matter could be tabled to further research the statement of Pierce, Scherer
stated that the Council needs to act on the information presented at this hearing. If the Council feels there is some
question as to the violation, the findings should indicate such. Further, any actions taken by the Court system is
independent of action taken at this meeting and should not be considered.
T\,it stated that in light of the testimony presented. he believes that Officer Gustin can differentiate between street
noise and building noise, Further, based on testimony presented Govern may not have been home when the noise
complaint was reported T'Wit stated that it was his opi1úon that a noise complaint did occur and Officer Gustin did
respond to a dispatch by Stearns County. He further stated that it is immaterial as to how the complaint was
received and the statement submitted by Pierce was too vague. It is his opinion that a noise violation did occur on
May 15, 1998 at Old Highway 52,
Ehlert feels that since the tenants have plead guilty in court to the noise violation they were indeed aware of the
,iolation and acknowledged that it did in fact occur, However. he has grave concerns 'With the statement presented
by Pierce and would like to research that matter further, He stated he has reservations in making a decision at this
time.
. Loso concurred \\ith Ehlert and stated that he has unanswered questions regarding the transmission of the call and
the statement that the apartment in question has no back door while Officer Gustin offered testimony that people ran
out the back door upon her arrival.
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Niedenfuer concurred with Twit and stated that as a Council we have to trust that Officer Gustin can differentiate .
where noise is coming from.
Hiemenz stated that he feels there was excessive noise on the evening of May 15, 1998 ''lith the only question being
how the message was received by the Officer. The more important testimony to Hiemenz was the fact that back up
was called and logs will indicate such. Hiemenz concurred the statement of Pierce was vague and if the question
was asked differently, a different statement may have been presented. Hiemenz stated that while on one or two of
the tenants were present during the alleged violation, tenants are all responsible. It is his opinion that sufficient
evidence was presented to indicate a noise violation did occur on said evening.
Scherer clarified that an Officer does not need to wait for a complaint before issuing a noise violation. However, a
complaint provides evidence beyond that of the Officer's opinion that the peace has been disturbed
There being no additional testimony, Tv.it made a motion that sufficient testimony has been provided to determine
that a noise violation did occur on Friday, May 15, 1998 at 310 Old Highway 52. The motion was 5eC0nded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None. Motion Carried 5:0:0
Gregerson made the following statement: He stated that he feels his tenants used good judgement as 12 to 15 people
at an indoor gathering does not seem excessive. As landlords they checked for damage and there was none. While
the tenants did plead guilty in court, it was part of a plea bargain to prevent the incident from there permanent
record. Gregerson stated that he wishes to be a good neighbor ,Üth the City and wants police protection., but feels
they are being punished for something they cannot conttol.
Scherer clarified that this noise violation is the fIrst for the 1997-1998 license year for 310 Old Highway 52. .
Loso made a motion to issue a warning to the property ov.'llers of 310 Old Highway 52 requesting them to be more
conscious of the acti\ities taking place on said property and communicate to the tenants the Ordinances of the City
and the consequences for violation thereof. Further, this motion requests the property owner to reimburse the City
for all costs associated v.ith the noise \iolation. The motion was seconded by Tv.lt.
Discussion: Ehlert questioned Scherer as to the probable legal costs for the hearing. upon which Scherer
responded it will be under S200. 00. In the past the administrative expenses reimbursed have been between
S 60 - 590. Ehlert feels that if additional charges are required, the property O'.'.71ers are being penalized
for requesting an evidentiary hearing.
X-
D'
h:it stated the costs inCUrre% not c:eated by the City. . Therefore, the fact that they chose to have an
evidentIary heanng should b afinanczal burden to the City, they should have been mmre their would be
additional costs. Xiedenjuer concurred.
Ehlert made a motion to amend the motion to charge the property O'\11ers a S 100.00 administrative fee. The motion
,....as seconded by Loso.
y ote call on amendment: Ayes: Hiemenz. Ehlert, Loso
Nays: Tv,it Niedenfuer
Vote call on amended motion: Ayes: Hiemenz. Ehlert, Loso. T,\1t. Niedenfuer
Nays: None Motion Carried 5:0:0
The bearing was closed at 8: 10 p.m.
loso questioned me City Attorney if the Council can receive further information as to the statement bv Doug Pierce .
:md me quesùon of me back door. Scherer stated that it would be more prudent to have me Police Chief inv~stigate
such and report back to the City Council.
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. Unofficial Minutes
Minutes -Mav 21. 1998: After reviewing the minutes and suggested corrections, Twit made a motion to table
approval of the minutes until the June 25, 1998 meeting, The minutes should be resubmitted to the Council with the
corrections highlighted, The motion was seconded Ehlert,
Ayes: Híemenz, Loso, Ehlert, Twit, Niedenfuer - -- - - . ~. .--- ." - , - -
. _.
Nays: None. Motion Carried 5:0:0
Consent Agenda: Loso made a motion to approve the consent agenda as follows; seconded by Ehlert,
a. Reimbursement Resolution to allow payments made to the 1998 Street Improvement Project to be
reimbursed from bond proceeds, when bonds are sold to finance the project,
b. Application for payment - Hardrives Inc - 1998 Street Improvement Project
c. Application for payment - Mid Minnesota, East Minnesota Street
d. Refuse rate for 3 units or less, Rental units - $ 15,00 per month, number ofuníts based on number
of kitchens.
e, Resolution - Fund Balance Policy
Discussion: Weyrens clarified that the Reimbursement Resolution allows the City to finance the 1998
Street improvement project through bond proceeds, The resolution is necessary because the City has
already incurred and paid costs to the project so the bonds are reimbursement not direct payment.
Twit clarified the rental refuse change has been discussed with the refuse provider who recommend
charging units based on kitchens.
. Ayes: Híemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None, Motion Carried 5 :0:0
Bills Pavable: Weyrens presented the bills payable. The Council reaffinned the policy of prior approval for
eÀ1Jenditures over $100.00, which includes the Council, The Council discussed the VCR purchased for the Cable
Access operations. Loehlein stated that by using the VCR he purchased the meetings can be taped on one tape
instead of two, and the less expensive tapes can be used. Loso stated that the camera can prO\-ide the same taping
ability as the purchased VCR. Twit stated the purchased VCR can function as a backup when needed. Ehlert made
a motion to approve the bills, check numbers 25488 - 25527; seconded by Twit.
Ayes: Híemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None, Motion Drried 5:0:0
Overtime & Callouts: Twit expressed concern with the amount of holiday time paid out. He stated that after
r~ie"ing the comp time and vacation balances he noted that Officers have been able to spend down those hours.
However, Holiday balances are still high. Twit stated that it was not the intent of the Council to turn holiday pay
into a bonus or premium pay. Híemenz stated that the City has a financial responsibility and he "ill discuss the
matter with the Police Chief and report back to the Council. Ehlert made a motion to approve the overtime and
ca1louts: seconded by Niedenfuer,
Ayes: Hiemenz, Loso, Ehlert. T"it. Niedenfuer
Nays: None, Motion Carried 5:0:0
Treasurers RepOrt: We)Tens presented the April Treasurer's report as well as reports on the status of the
Community Sign and Klinefelter Trail obligations. T,...it stated that after reviewing the revenues and expenditures
for the Community Sign he felt that the expenses of 5340.00 per year are nominal enough that the City could absorb
the cost, The benefit to the organizations and community would exceed the cost. Ehlert conC1lITed and Hiemenz
appointed a committee of Ehlert and himself to review the current cost policy and present a re\ ised policy to the
. Council.
Loso stated that the Park Board did not obligate $3,000 per year to fund the Klinefelter Trail. The shomall of
funding is anticipated to come from the remaining development of Pond View Ridge.
Ehlert made a motion to accept the Treasurer's Report as presented: seconded by Loso.
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Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None. Motion Carried 5:0:0
Public Comments to the Agenda: Wahlstrom questioned the proœedíngs of the evidentiary hearing and why the
costs to the City were not recouped. Ehlert clarified that he felt that if the property owner were charged all the
expènses for the hearing, he would ~ penalized f~rrequesting an evidentiary hearing. In the ~ landowners were
not charged the administrative fees when a first violation occurs.
Jim Graeve discussed the following: 1) Does not feel the refunding resolution is a good decision, if the City has the
money to pay for the improvement they should not bond for such; 2) Questioned the payment for East MN Street;
3) Stated it is his opinion that the landowners of the property cited for the noise 'violation should have been required
to pay the all costs incurred by the City.
Department Head Reports
Public Works Director. Dick Taufen: Taufen presented the follo'\'\'ing price quotes for calcium chloride as
requested:
Anderson Chenùcal -- $ 16.00/50# bag - $ 640.00/ton delivered
Bremix - $ 13 .75/50# bag -- $ 550.00/ton, ,\ithout delivery
Van Waters & Roger - $ 8.00/50# bag - $ 320.00/ton plus delivery
After discussion that calcium chloride is not toxic. Hiemenz made a motion to use calcium chloride on the allevs
between: Birch Street West and Ash Street West; i st Avenue NW and College Avenue North. The vendor ,,,ill be
chosen at the discretion of the Public Works Director. The motion was seconded by T'\'\'it.
Ayes: Hiemenz, Loso, Ehlert, T'\'\it, Niedenfuer .
Nays: None. Motion Carried 5:0:0
Niedenfuer questioned the status of alternative safety options for children crossing MN Street near the St Joseph
Lab School. Taufen stated he is still researching alternatives and '\'\ill report back to the Council when he has
information.
Fire Chief Daye Theisen: Theisen presented the Council ,,,ith the sLx month acti'\ity report of the Fire
Department He reported the Fire Department responded to 116 calls between December L 1997 and May 3 L 1998.
The call breakdo"TI per jurisdiction is as follows: 58 calls City of St. Joseph: 40 calls St. Joseph Township; 15 Calls
St. Wendel Township: 2 Mutual Aid Calls: lout of area call. The call breakdo'\'\TI by type is as follows: 87 medical
calls: 25 Fire Calls: -+ weather warning signs.
After discussing the report. T"it made a motion to accept the sLx month acthity report of the Fire Department as
presented: seconded by Ehlert.
Ayes: Hiemenz. Loso, Ehlert, T,Ùt. Niedenfuer
Nays: None. Motion Carried 5:0:0
Theisen expressed concern '\'\ith ìv1r. Deutz being allowed to speak at Ù1e May 21. 1998 Council meeting '\'\iÙ1out
being on the agenda. He staled that he would have appreciated the opportunity to be present and respond to Mr.
Deutz's questions. Theisen further stated that he is uncertain as to where Deutz received his information. but he is a
certified Firefighter III "ith 25 years of experience. Firefighter III is the highest level of accomplishment and
requires continuing education and certifications. Theisen encouraged the Council to review his me of courses
attended and certifications. As far as the complaint of Mr. Deutz. Theisen stated that he was contacted by a person
who had concerns ,....ith safety in Ù1e building and as the Fire Chief it is his responsibility to respond to all
complaints. ìvfr. Deutz requested the identity of the complainant and when I would not teU him he would not deal
'\\ith the issue. It "..as at this time that the Stlte Fire Marshall was called in at Ù1e request of Mr. Deutz. Theisen .
further cl.arified that at no time did he tell Mr. DeulZ that he needed to sprinkle the building or pro,ide a second exit.
In an effort to prevent incidents as stated above. Theisen has approached the Planning Commission to request
notificatIon of alllndustrial and Commercial building permit requests. He stated that it is easier to enforce Ù1e Fire
Code if it can be implemented in Ù1e planning stages.
hUle ..\. : ~g ?~e Ó 01'9
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Unofficial :Minutes
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Ehlert apologized on his own behalf and that of the Council for allowing discussion on a matter not placed on the
agenda. He concurred that Theisen should have had the opportunity to be present Ehlert stated that he will be
more aware of this procedure in the future in an attempt to prevent this type of discussion from happening again.
Hiemenz concurred with EWert and stated that he was unaware of what Mr. Deutz was approaching the Council for.
He too will take measures to prevent this from happening in the future.
.- --- - ,
City Engineer Reports: City Engineer Joe Bettendorf discussed with the Council the status of the preliminary plat of
Pond View 5. He stated that he has been working with the developers, Rick Heid and Bob Herges. The Council
needs to determine how the project will proceed, Two options exist: 1) City project, bid through the City with an
escrow account held by the City for all cost incurred; 2) Private project with the City Engineer being the principal
engineer, The City would draft the construction plans and assist with the bid process.
Herges stated that he would prefer to use the same process for Pond View 5 as the other plats with the exception of
the City Engineer being the principal engineer. He stated that he and Mr. Heid are familiar with the process and
feel that they would have more control and be able to better manage the project if the same process was followed.
Herges encouraged the use of the City Engineer as it would eleviate paying two engineers and possibility of conflict
arising between engineers. It is his opinion that the problems in Pond View III were a result of having two
engineers from which to detennine accountability, Herges and Bettendorf both concurred that using alternative 2 as
stated above would be a positive situation for both the City and developer,
Hiemenz questioned Herges as to the status of the outstanding bill for Engineering Services for Pond View III and if
they are making arrangements to have the weeds cut on the proposed site for development. Herges stated that he felt
he and Heid have met the obligations of the developers agreement and the Engineer fees outstanding are in excess of
. those listed in the agreement. He further stated that it is his opinion that the outstanding charges are for engineering
errors. Bettendorf stated that in an attempt to clear up this situation, any further engineering expenses for Pond
View ill will not be billed. Herges agreed to pay the outstanding invoices as outlined above by the City Engineer.
With regard to the weeds, he will contact a local farmer to disc the lot,
Loso made a motion to develop Pond View 5 with the City Engineer as the Principal Engineer and the project bid as
a private project. managed by the developers, The project will have one contractor and sub contractors will not be
bid separately. Further, this motion authorizes the Mayor and Clerk! Administrator to execute the Developers
Agreement pending the approval of the City Engineer and City Attorney. The motion was seconded by EWert.
Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None. Motion Carried 5:0:0
Loso made a motion authorizing the City Engineer to proceed with the Plans and Specifications for the development
of Pond View 5; the motion was seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer
Nays: None. Motion Carried 5:0:0
Cable Access Concerns: Ray Loehlein appeared before the Council to discuss the cable access operations, He
stated that he has been responsible for broadcasting the Council meetings and assisting with the bulletin board
Loehlein presented the Council with the follov.ing questions: I) Will the Cable Commission be re-established: 2)
Have the rules and regulations regarding cable access been approved by the City Council: 3) Who is in charge of the
cable operation: 4) Can a telephone line be connected so the bulletin board can be accessed from a remote location:
5) Have the ,,,arranty cards been filed for all the equipment as one piece of equipment does not WQrk: 6) What is the
financial condition of the cable access fund and are franchise fees applied to this fund: 7) Is it possible to be paid a
fee for broadcasting the meetings and bulletin board: 8) Should the channel be promoted to other media and
communities: 9) Does the City wish to upgrade the software purchased to elinùnate kno'\\ll malfunctions: 10) Does
the Council have any concerns and comments.
. ~1:1yor Hiemenz extended the meeting at 10:00 p.m.
Jun. 4. 1998 Pag. ~ of 9
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Unofficial Minutes
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Loso requested that all Board and Commission meetings be broadcast. Niedenfuer thanked Loelùein for all his work
and encouraged him to continue. The Council agreed to discuss issues noted by Loelùein at the next Council
meeting.
Roth Propertv Purchase: Elùert presented the findings of the Planning Commission with regards to the proposed
purchase of the Roth property. Ehlert stated that after carefiù consideration the Planning Commission recommended
to purchase the property contiñgentupon the property being designated for public use only. Further, Ehlert stated
that the Township needs to be contacted to determine if they would be interested in the joint purchase if the property
were designated for public use only. Ehlert encouraged the Council to give St. Joseph Township the opportunity to
participate in the joint venture. Loso stated that it would make sense for the same property owner to hold title to the
Roth property and the adjoining Roske parcel.
Twit stated that in his opinion it does not make good business sense to purchase a parcel of property and restrict the
use. Hiemenz concurred and stated that if the City agreed to the provision of the Planning Commission and a City
facility was constructed under a lease purchase option, it could not be done with the proposed restriction. Hiemenz
further clarified that a future Council cannot be bound by a resolution. Further, as laws change, so may the
restrictions. Therefore, Hiemenz stated that the Council cannot guarantee that the land ",ill only be used for public
use, even though it may be the intent at this time.
Niedenfuer requested that the City Council execute a fonnal document stating that the property ",ill oilly be used for
public use. T",it and Hiemenz stated that there is no document greater than that of a motion that the Council could
sign. Graeve encouraged the Council to follow the recommendations of the Commission and retain the property for
public use only.
Ehlert made a motion to approve the purchase of the Roth property based on the follO\\ing findings of the Planning .
Commission:
1) The negotiated price for the sale of the property is reasonable
2) Purchase of the property is prudent long range planning
Approval is contingent upon the follo'i\ing: The property ",ill be used for public use only. This motion also agrees
to the purchase ",ith or ",ithout participation of St. Joseph Township. The motion was seconded by Niedenfuer.
Ayes: Hiemenz. Ehlert, Twit Niedenfuer
Nays: Loso. Motion Carried -\.: 1:0
Sewer Rate Increase: The Council re\iewed the proposed sewer rate increase and requested the information be
represented using annual figures.
::\Iayor Reports:
1. The task force regarding the placement of an antenna on the water storage facility met ",ith a representative
of Cellular 2000 and then forwarded recommendations to the City Attorney for his re\iew and comment. .
2. He has been made aware of some weed violations and notices have been sent out on Iviay 5 and May 29 to
CDrrect the situation.
). Hiemenz has been appointed to a committee to evaluate the APO director.
-\.. A verbal complaint regarding the Police Department has been received regarding some aCÙ\ity that took
place upon the transfer of title for the 1992 Squad car. The Council \\ill be informed if a formal complaint
is filed.
Council Reports
~iedenfuer. Reponed on a recent APO meeting she attended where the main topic of discussion was the funding
avaIlable for transportation. .
Loso: .~ adult soccer league \\ill begin pla;.ing in St. Joseph on the newly developed soccer fields. The league
consIStS of 3 teams r.mging in ages from 19 - 23. Loso also \\ished to thank Schroeder SportS for donating a field
s!n¡xr to be used on the soccer field.
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. Unofficial Minutes
The Fire Board will be meeting once more with regard to a complaint received.
Ehlert: The Planning Commission met and discussed the following:
1. Cushing Building Permit: It has been brought to the attention of the Planning Commission that an
accessory building which is currently non conforming was granted a building permit. Fred Reber appeared before
the Commission to question how the permit could have been issued as it is contrary to the Ordinance. The Planning-
Commission will further research this matter and report back to the City Council.
2, Authorized building permits to Tamarack for a warehouse and Taco John's for an interior wall,
3. Ne1 Pfannenstein requested clarification on a prior Planning Commission action taken to determine if
two (2) lots she owns are of buildable size. The Commission will research this matter further and
schedule the necessary hearings.
The Park Board met and discussed possible funding for construction of a concession stand and bathrooms at
Memorial Park As of this time the Lions have committed to 70% and the Park Board has committed to 180/0, or $
2,000 per year for 3 years. Schneider was encouraged to solicit donations from other organizations to provide
additional funding.
The construction of the Klinefelter Park Shelter has begun and the Lions are requesting the Council waive the fees
for inspections services. Ehlert will contact the Building Official to determine the if he is willing to donate the fee
or what the fee would be, This matter will be brought back to the Council.
Twit: Reminded Councilors of the joint meeting with the EDA on Friday, June 5 at 3 :00 p.rn. The EDA \\-ill also
. be conducting their monthly meeting after the joint meeting, canceling the June 8, 1998 meeting.
Miscellaneous and Announcement
Stearns County is conducting public hearings on their proposed Feedlot Ordinance on June 8, June 9, June 16.
Hiemenz stated that he will try and attend one of the hearings,
Adjourn: Twit made a motion to adjourn at 10:45 p.m.; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, T\\-it, Niedenfuer
Nays: None, Motion Carried 5:0:0
~/C~ ~{~{
Jud. Weyrens If-
Deputy Clerk
.
June 4. 1998 Page 9 O[ 9
~>
LG220 For Board Use Only
Rev06/96 Minnesota Lawful Gambling
. Application for Authorization for an Fee Paid
Check #
Exemption from Lawful Gambling License
Initals
Date Recd
¡ . .-'.-.- - --.- -- . -' I
.._. ___0' .
.Q!:!/éJl1iZJlt!9'1ln/ºr:ma(iø:n
Organization Name Watab Creek Whitetails Chapter/ Previous lawful gambling exemption number
Minnesota Deer Hunters Association
Street City State Zip Code County
4465 17th Ave NW Sauk Rapids MN 56379 Stearns
Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO
First Name Last Name
Zimmer (320) 251-1071
reasurer Daytime Phone Number of Treasurer
Last Name
Thielman
. Check the box below which best describes Check the box that indicates the type of proof attached to this application
your organization by your organization:.
D IRS letter indicating income tax exempt status
D Fraternal D Certificate of good standing from the Minnesota Secretary of State's office
D Veterans
D Religious Q A charter showing you're an affiliate of a parent nonprofit organization
@ Other nonprofit D Proof previously submitted and on file with the Gambling Control Board
Name of Establishment where gambling activity will be conducted
LaPlayette Bar
Street City State Zip Code County
19 North College Ave St Joseph MN 56374 Stearns
Date(s) of activity (for raffles, indicate the date of the drawing)
September 9, 1998
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
D *Bingo !XJ Raffles D *Paddlewheels D *Pull-tabs D *Tipboards
. *Equipment for these activities must be obtained from a licensed distributor
For Board Use Only
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application. Date & Initials of Specialist
L L
Local Unit .of Government Jurisdiction
Is this gambling premises located within city limits?c¡J Yes DNo ·
If Yes, write the name of the City:
City Name St Joseph
If No, write the name of the County and the Tov·mship:
County Name Township Name
Check the appropriate status of the Township: D organized D unorganized D unincorporated
'[OCaFUl1itOfGovemmenfAcknowledgment
1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control
premises is within city limits. Board if it is denied by the local unit of government.
2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application.
tion if the gambling premises is not within city limits.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below, Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of
Application Application
Signature of person receiving application Signature of person acknowledging application ·
Date Received: ~/// C7P Date Signed:
Title o.f person rece ing ¡Plication Title of person acknowledging application
{l/ð/(; m/',,¡/s- ¡--qrkJ^-
mOãtn·ôfOfliêfExeCUtive.Officer
I have read this application and all information is true, accurate and complete.
Date:
Submit the application at least 45 days prior to your scheduled date of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (i.e. large print, braille) upon request.
Questions on this form should be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000. ·
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297 -5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities: All of the information
that you supply on this form will become public information when received by the GCB.
1998 - 1999 LIQUOR LICENSE APPLICATIONS
INTOXICATING LICENSES
DUE 7-1-98
·
NAME Off- On- Sunday Wine Club Fee Ins
Sale Sale
Loso's Inc. X X X X
Loso;s Main Street Pub, 21 Minnesota St w
LaPlayette, Inc. X X X x
LaPlavette Bar & Restaurant, 20 College Ave
EI Paso Club & Lanes, Inc. X X X X X
EI Paso Club & Lanes, 200 - 2nd Ave ~
BIP, Inc. X X X X
Sal's Bar & Grill, 109 Minnesota StW
M & T Off Sale Liquor, Inc, X X X
M & T Liquor, 21 Birch St W
Hollander's of St. Joseph, Inc. X X X
St. Joseph Liquor Shoppe, 225 Cedar St E
American Legion Post 328 X X X X
John Kuebelbeck Post, 101 Minnesota St W
College of St Benedict X X X
V.P. Business Office, 37 ColleQe Ave S
80 Diddley's, Inc. X X X
Bo Diddlev's, 19 ColleQe Ave N
·
·
. .
.
"'SeI 113S. FIFTH AVENUE, po. BOX 1717, ST. CLOUD. MN56302-1717 320252-4740 800572-0617 320 251-8760 FAX
. ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTATION
June 17, 1998 RE: St.Joseph,~innesota
1998 Street Improvements
SEH No. A-STJOE 9802.00
Honorable ~ayor and City Council
c/o ~s. Rachel Stapleton
Clerk! Administrator/Treasurer
City of St. Joseph
21 NW First A venue
P.O. Box 668
St. Joseph, ~N 56374-0668
Dear ~ayor and ~embers of the Council:
. Enclosed please find Application for Payment No.2 and Cost Split for this project.
We have reviewed this application and it appears to be in order. When payment is made, sign all
copies and distribute as follows:
Hardrives, Inc.
SEH
City of St. Joseph
If you have any questions, please feel free to call us.
Sincerely,
Jose R Bettendorf, P .E.
Project Engineer
djg
Enclosures
J:\sljoe\9802\specslapl,o. wpd
-
-
SHORT ELLIOTT
HENDRICKSON INC ST. PAUL, MN MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON. WI LAKE COUNTY, IN
EQUAL OPPORTUNITY EMPLOYER
~ x
- ~.
City of St. Joseph
Hardrives
.ßrSEH SEH
113S. FIFTH AVENUE, Po. BOX 1717, ST. CLOUD. MN56302-1717 320252-4740 800572-0617 320251-8760FAX
I ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORT A nON
'u ATION FOR PAYMENT NO, 2 CONTRACT FOR: 1998 Street Improvements
JJECT NO. A-ST JOE 9802.00
rNER: . City of StJoseph AGREEMENT DATE: 04/14/948
NTRACTOR: Hardrives, Inc. FOR WORK ACCOMPLISHED THROUGH: 05/15/98
CONTRACT W/CHANGES TO DATE THIS STATEMENT
CO#1 UNIT CO#1
M DESCRIPTION UNIT UNIT COST OUANTITY AMOUNT PRICE AMOUNT OUANTITY AMOUNT
. ..-' -."
. -........... ...
. .-......"......
. . - . - .' -. - . ..
$1,500:00 566.00
REMOVE BIT DRIVEWAY SOYD $2.50 460.00 $1.150,00 $1,150.00 688.50 $1,721.25
REMOVE CONC DRIVEWAYIWALK SO YD $5.80 149.00 $86420 $864.20 46.94 $27225
SAWCUT BIT PAVEMENT LlN FT $4.40 596.00 $2,622.40 $2,622.40 439.60 $1,93424
SAWCUT BIT DRIVEWAY UN FT $4.40 677.00 $2,978.80 $2,978.80 717.00 $3,154.80
SAWCUT CONC DRIVEWAY LlN FT $5.50 83.00 $456.50 $456.50 124.00 $682.00
COMMON EXCAVATION, PO CU YD $5.90 1,551.00 $9,150.90 $9,150.90 1,551.00 $9,150.90
EROSION CONTROL LS $1,500.00 1.00 $1,500.00 $500.00 $500.00 $0.00
TOPSOIL BORROW, LV, VM CU YD $6.75 401.00 $2,706.75 $2,706.75 160.00 $1,080.00
) SODDING TYPE LAWN SO YD $1.98 3,218.00 $6,371.64 $8,371.64 1,915.00 $3,791,70
í FINE GRADING FOR SODDING SO YD $0.70 3,218.00 $2,252.60 $2,252,60 1,915.00 $1,340.50
MAINTENANCE FOR SODDING SO YD $0.60 3,218.00 $1,930.80 $1,930.80 $0.00
I $4~
AGGREGATE BASE CLASS 5, LV, VM CU YD $15.20 190.00 $2,888.00 $2,888.00 41.13 $625.18
MILL BIT SURFACE SO YD $1.20 2,380.00 $2,856.00 $2,856.00 2,380.00 $2,856.00
; RECLAIM BIT SURFACE SO YD $1.55 15,344.00 $23,78320 $23,78320 15.344.00 $23,78320
PATCH BIT SURFACE SO YD $11.90 381.00 $4,533.90 $4,533.90 $0.00
, SUBGRADE PREPARATION SO YD $1.30 15,944.00 $20,72720 $20,727.20 15,944.00 $20,727.20
TYPE 41A WEAR COURSE, 120/150 TON $26.65 1,705.00 $45,43825 $45,438.25 24.00 $639.60
~PE 316 BASE COURSE, 120/150 TON $25.80 1,888.00 $48,710.40 $48,710.40 1,768.61 $45,630.14
I UMINOUS MATERIAL FOR TACK COAT GAL $1.00 1,012.00 $1,012,00 $1,012.00 350.00 $350.00
. UMINOUS DRIVEWAY SO YD $11.90 459.00 $5,462.10 $5,462.10 459.00 $5,462.10
....". ... -..
. - ',,- - - - - - - - - -.. - - - . - - '- . " -.. .. ... .. . ~ -- -....
..._'..'._,__ _. ,._..__. ___ - n_. .
. ---.,....... - . - -, '-..-,-,-',," ....... ",...-:-.,.', . < . "-,- '- '..- ...."-",'-',,"...:-.,"
U9TURES;CULVERT,STORMSEWER,SANITARY SEWER, WATER MAIN
12" RCP PIPE SEWER DESIGN 3006 CL V LlN FT $26.40 64.00 $1,689.60 $1,689.60 $1,729.20
CONST DS DESIGN 48-4020 EACH $1,870.00 1.00 $1,870.00 $1,870,00 1.00 $1,870.00
CONST DS DESIGN H EACH $633.00 1.00 $633,00 $633.00 1.00 $633.00
CONNECT TO EXISTING STORM SEWER EACH $220.00 1.00 $220.00 $220.00 1.00 $220.00
CASTING ASSEMBLIES, NEENAH TYPE R-1733 EACH $264.00 2.00 $528.00 $528.00 2.00 $528.00
CASTING ASSEMBLIES, NEENAH TYPE R-2573-1 EACH $248.00 1.00 $248.00 $248.00 1.00 $248.00
.. __' ._. ___. _m_ _,-,_._..
,',-'.". ....', ,',.,_..-.'..--...,._-,,-.
iBING,'NAtKs,.ANC.·MEDII\N
4" CONC 'N ALK ... 38.00 $836.00 $836.00 15.50 $341.00
6" CONC DRIVEWAY SO YD $27.50 111.00 $3,052.50 $3,052.50 101.00 $2,777.50
8" CONC DRIVEWAY SO YD $33.00 16.00 $528.00 $528.00 $0.00
CONC C & G, DESIGN B618 UN FT $6.90 4,825,00 $33,292.50 $33,292.50 4,665.00 $32,188.50
CONCRETE VALLEY GUTTER UN FT $11.00 240.00 $2,640.00 $2,640.00 236.00 $2,596.00
~ELLANEOUS
ADJUST MH CASTING EACH $150.00 35.00 $5,250,00 $5,250.00 $0.00
ADJUST VALVE BOX CASTING EACH $95,00 19.00 $1,805,00 $1,805.00 $0.00
SALVAGE MANHOLE CASTING EACH $250.00 1.00 $250.00 $250.00 1.00 $250.00
WATER FOR DUST CONTROL MGAL $25.00 57.00 $1,425,00 $1,425.00 2.00 $50.00
REMOVE & REPLACE MAILBOX EACH $105.00 55.00 $5,775.00 $50.00 $2,750.00 53.00 $2,650.00
TEMPORARY MAILBOX EACH $247.50 2.00 $495,00 $495.00 2.00 $495.00
TOTAl ITEMS 810 $249,482.84 $245,457.84 $171,192.26
Total Contract Amount $249,482,84
Change Order NO.1 ($4,025.00)
Revised Contract Amount $245,457.84
SHORT ELLIOTT
HENDRICKSON INC. ST. PAUL. MN MINNEAPOLIS. MN CHIPPEWA FALLS. WI MADISON. WI LAKE COUNTY, IN
EOUAL OPPDRTUNITY EMPLOYER
'"
'l
\~
.. city of SL Joseph
Hardrives
SEH
.
APPLICATION FOR PAYMENT NO.2 CONTRACT FOR: 1998 Street Improvements
PROJECT NO. A-ST JOE 9802.00
OWNER: City of Sl Joseph AGREEMENT DATE: 04114/948
CONTRACTOR: Hardrives, Inc. FOR WORK ACCOMPLISHED THROUGH: 05/15/98
CONTRACT W/CHANGES TO DATE THIS STATEMENT
CO#1 UNIT CO#1
ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT PRICE AMOUNT QUANTITY AMOUNT
The undersigned Contractor certifieS that all Gross Amount Due 5171,192.26
previous payments received from the Owner for Less Retainage (5%) $8,559.61
work done under this contract have been applied
to discharge i1 full all obligations of the Amount Due to Date 5162,632.65
Contractor incurred in connection with the work Less Previous Payments 560,420.33
covered by said progress payments.
Amount Due ~ 5102,212.32
SUBMITTED: HARDRIVES. INC. Date: & f /// <7 ¿-
RECOMMENDED: SHORT ELLIOTT HENDRICKSON INC. Date: &//(;, /98
APPROVED: CITY OF ST. JOSEPH, MN Date:
.
-
-
2
.... ....-, "
. CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668,
SI. Joseph, MN 56374
(320) 363-7201
Fax: 363-0342 LOCAL PERFORMANCE Am REPORT
Ilk
GiIU =., The City of St. Joseph implemented perfonnance measures to measure the City service of
Street Sweeping. In an effort to mange stonn water and prevent dirt and debris from
MAYOR flowing into the area lakes, the City of St. Joseph periodically sweeps the City streets.
Kenneth J. Hiemenz Sweeping of the street s is especially crucial in the Spring to pick up the salt/sand mixture
used for snow removal. All residential streets are swept every spring with the General
Business area being swept every month. Annually, 100 miles of 5street are swept.
CLERK! During 1997 a new development created a need to sweep a residential neighborhood more
ADMINISTRATOR frequently, The area being developed included a section with a high elevation and the
Rachel Stapleton ground was clay. With the unusual amount of rain, the runoff created a mess on the
streets forcing the City to sweep the streets. The City did however, recoup a portion of the
COUNCILORS expenses from the developer. As of this date the City continues to have the same problem
in this neighborhood and will be faced with the need to continually sweep this
Bob Loso neighborhood until the area is developed and landscaped.
Cory Ehlert
Ken Twit The following table is an illustration of actual audited expenditures incurred by the City of
.Niedenfuer St. Joseph for the service of Street Sweeping.
Salaries and Benefits 2,490,08
Repair supplies 1,510,48
Repair and Maintenance 405.09
Travel & Conference 69,25
Rental, storage 125,00
TOTAL EXPENDITURES I 4,599.90 I
Løc.tL PERFORMANCE AID RECEIVfD 1997 4,854.00
If the City would not own a street sweeper and rely on contracting with a com pany, the
charges for the same services provided by the City would range between $6,240 and $
6,760 (Using current rates of $ 48 to $ 52 per hour and the City spent approximately 130
hours), Therefore, it is not only cost effective for the City to sweep our own streets, we
also have the flexibility to sweep the streets when needed and as often as needed.
.
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. CITY OF ST. JOSEPH
21 First Avenue NW
'.0. Box 668,
31. Joseph, MN 56374
)20) 363-7201
'ax: 363-0342 1999 BUDGET SCHEDULE
IJIIr", July 13 to July 15 Department Heads receive budget forms
~ibI *
.'" ~
~~
/IAYOR July 27 Budget Forms need to be returned to the City Offices
Kenneth J. Hiemenz Week of August 9 Council meets to review draft one of the 1999
Proposed Budget
-:::LERK!
ADMINISTRATOR Week of August 23 Council meets to review second draft if necessary
Rachel Stapleton
September 3 Council adopts Proposed 1999 Budget
COUNCILORS December 1 Truth in Taxation Hearing is conducted
Bob Loso
Cory Ehlert December 8 Continuation of Truth in Taxation Hearing, if needed
Ken Twit
.Niedenfuer December 17 Council adopts 1998 Budget
NOTE: Dates to remember - The preliminary budget must be approved no later
than September 15, 1998,
The Final Budget must be approved no later than
December 21 The Council cannot approve the
Budget at the Truth in Taxation Hearing, at least 5
days must pass. The second hearing is only
necessary if the Council wishes to take additional
information or work on the budget.
.
-I<
.
~
For Board Use Only
Minnesota Lawful Gambling Fee Paid
I
Application for Exempt Permit - LG220 Check No,
. Initials
Organization Information Received ~_I_
Organization name Previous lawful gambling exemption number
St. Joseph Volunteer Fire Department X-13D~7
Street City State/Zip Code·'··, ... County
25 - 1st Avenue NW St.Joseph MN 56374 Stearns
Name of chief executive officer (CEO) of organization Daytime phone number of
First name Last name CEO: (320 ) 363-4234
David A. Theisen
Name of teasurer of organization Daytime phone number of
First name Last name treasurer: (320 ) 259~0898
James Marthaler
Type of Nonprofit Organization
Check the box that best describes your organization:
o Fraternal o Religious
o Veteran [}Ç Other nonprofit organization
. Check the box that indicates the type of proof your organization attached to this application:
0 IRS letter indicating income tax exempt status
0 Certificate of Good Standing from the Minnesota Secretary of State's Office
o A charter showing you are an affiliate of a parent nonprofit organization
ŒJ Proof previously submitted and on file with the Gambling Control Board
Gambling Premises Information
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
La Playette Bar & Restaurant
Address (do not use PO box) City 5tatelZip Code County
19 College Avenue North St. Joseph MN 56374 Stearns
Date(s) of activity (for raffles, indicate the date of the drawing)
August 21, 1998
Check the box or boxes that indicate the type of gambling activity your organization will be conducting:
o *Bingo o Raffles o *Paddlewheels [K]*Pull-Tabs o *Tipboards
*Equipment for these activities must be obtained from a licensed distributor,
This form will be made available in alternative format (Le. large print, Braille) upon request.
. The information requested on this form will become public information when received by the Board, and will be used to determine
your compliance with Minnesota statutes and rules goveming lawful gambling activities.
Page 1 of2
3/98
Page 2 of 2 ;
Application for Exempt Permit· LG220 3/98
Organization Name St. JoseDh Volunteer Fire DeDartment
Local Unit of Government Acknowledgment (Required by Statute) .
.If thegambllng.premlses Is within city limits, the If the gambling premises Is locatedlna township, both
_cltymusfslgryJhlsapplicatlon. ...~. _. -±'-. ..:J ~ , ~ - ~- _ the county and to~s~lp ~ust s.lgnthls appli~tion.··
On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application
and three options for the city: and three options for the county:
1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the
the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days.
30 days (60 days for a first class city). 2. Waive the above-noted waiting period: The county
allows the Board to issue a permit before 30 days.
2. Waive the above-noted waiting period: The Documentation attached.
city allows the Board to issue a permit before 3. Deny the application by passing a resolution within
30 days (60 days for a first class city). Docu- 30 days.
mentation attached. Print name of county:
3. Deny the application by passing a resolution
within 30 days (60 days for a first class city). (Signature of county personnel receiving application)
Title
Date _1----1
On behalf of the township, I acknowledge that the
organization is applying for exempted gambling activity
within the township limits.
A township has no statutory authority to approve or deny
an application (Minn. Stat. sec. 349.213, subd. 2),
Print name of township: .
(Signature of township official acknowledging application)
Title
Date --1--1_
Chief Executive Officer's Signature
The information provided in this ap
Chief Executive Officer's signature
Name (please print) David A. Theisen Date OF. l....j.:J_j ...28..-
Mail Application and Attachment(s)
At least 45 days prior to your scheduled activity date send:
· the completed application;
· a copy of your proof of nonprofit status, and
· a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated,
refundable, or transferable.
Send to: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113 .
If your application has not been acknowledged by the local unit of govemment, do not send the application to the
Gambling Control Board.
SEWß FUND INCREASE OfYTIONS
'Ptlon #1 Increase sewer rates to $1.11 per 100 cubic foot, remove surcharge and allocate $12,000 rrom Hookup fees
19" "" 2000 200' 2002
Rate Increase
Projected Sales 126,215 132,526 139,152 146,110
Sewer Surcharge 7,000 0 0 0 0
St. Benedict 72,000 74,000 76,000 78,000 80,000
Hookup Fee Transfer 12,000 12,000 12,000 12,000 12,000
Interest 26,000 27,500 29,000 30,500 32,000
Misc 4,000 4,500 4,500 4,500 4,500
II_IÎllifAl'!'¡1)14¥~1~. ~III'__ 'wlf~¡"'fl~ JI¡~iFitJ_«tt~ '¡!ìX;*it'i~Ø'~f.
Projected Expenditures (239,090) (248,090) (260,495) (273,519) (287,195)
¡1~III_lIIf¡"6¡'jlltm .1111"."] tWliIICgWI fl'ítlllílítJJ ~!~t~51[(~.fJj
Option #2 Increase sewer rates to $ 1.25 per 100 cubic foot, remove surcharge and allocate $ 12,000 rrom Hookup fees
,,,, 19" 2000 200' 2002
Rate Increase
Projected Sales 133,533 140,210 147,220 154,581
Sewer Surcharge 7,000
St. Benedict 72,000 74,000 76,000 78,000 80,000
Hookup Fees 12,000 . 12,000 12,000 12,000 12,000
Interest 26,000 27,500 29,000 30,500 32,000
Mise 4,000 4,500 4,500 4,500 4,500
!I"'Jílb_ìl!ll¡I.'"1;wj!f1-*¡1MI1~~ ~'lfilll¡¡¡Rli1al¡t 'iii;'t11INrt~lt J;~¡¡¡I¡¡¡W4~¡~ '¡¡'!J.~~~1'f16Z11U¡~
Projected Expenditures (239,090) (248,090) (260,495) (273,519) (287,195)
Iltffll.I lfB_l!!f¡!."I!!~IIIB' IIIIIII.IB. III!!!llfmlll 111?¡1\¡!fIB~)J¡i!'!f,7l¡;.;:~};(fl{íl)¡
Option #3 Review rates each year and adjust as proposed in 0, remove surcharge and allocate $12,000 rrom Hookup Fees
. 19" 19" 2000 200' 2002
(Proposed Rate)
Rate Increase
Projected Sales
Sewer Surcharge 7,000 - - - -
St. Benedict 72,000 74,000 76,000 78,000 80,000
Hookup Fees 12,000 12,000 12,000 12,000 12,000
Interest 26,000 27,500 29,000 30,500 32,000
Mise 4,000 4,500 4,500 4,500 4,500
¡¡¡i~M¡Ifiii~w;i¡':;;¡1,íî¡¡¡;f'A\"W&'~' ;"Hu,'1 laiiIW""'-.,'..··'i I·";ó\"w---'·I IKA'CW-"-·I I EA;'·:-·-'-I
__,c·,. _. ,_, _ .~5\·~·'J--,)~è"""''''-'-'·' _",'",_q~-___,____",__. ~.\,._. _.^____,,,_0<-_)%i1%:~_~,¡,-- .,~"Æ""-·'..-__".#:_·~/-· -_-,__,_,____-,_,<-,~t,,-C...7_' .~_,_, ", ,..-^_".,,,.,,,..~.: 67:...)'
--:;:Ú::f"-_;_;v~,:,,,,·::,,."'::":""::_:;-{'\-:h~¡~~,,,,,,:_":'--:2::~'i::-~"'!,/;'¿.~:Úh~?é:::;~';Etf .. -"p..,........,'....",-.-:-..- -- _,c·"......__. ___, ""-,,.. ,,:-,:::.,,::-:' :"~::::-':-:\."':'_;':'-":,~,_:___._.:....,:,._:.:. ._'_:'":_'_''_'_>:_''' ."". .. _."',---. -,-:-'::-:--.:-_:__.___ '".. .... ", _'__:__:.,~.' '--f-,-'---'.' ,.::.:----,- .. _:'.:__:__,.oe'.___-,', _'__C_'.>:_:: -.- -. .... ..',.... ,'"
Projected Expenditures (239,090) (248,090) (260,495) (273,519) (287,195)
'<~(Î__Y"" I' I , I , ~ I I
'jij~I~!';'~~I~~jjjÆ i(i\y¡!¡{,0¡1~(.!lI') ¡*¡~¡¡¡~i¡îm~lilf3itij¡¡~%.~~~Ui.·.;\¡\jI¡j¡¡',¡,"f;JtM~¡ i 0j,j··¡¡~·.·"'73fi
Option #4 Increase rate effective July 1, 1998, retain surcharge through Dee 31, 1998, review and raise rates each year, allocate $12,000
rrom hookup fees
f,- ,,,, "" 2000 200' 2002
(proposed Rate) ~1.25) (1.30)
Rate Increase 1\~'~~II..:~§III§~»li
Projected Sales 1 122,694 145,576
Sewer Surcharge 12,000 -
St. Benedict 72,000 74,000 76,000 78,000 80,000
Hookup Fees 12,000 12,000 12,000 12,000 12,000
Interest 26,000 27,500 29,000 30,500 32,000
Mise 4,000 4,500 4,500 4,500 4,500
;·J!lWÎljjt'8Hiifiéj·P¡¡;;Dt·""'·'Ä·"',""",' . ·1 I·'·"i">'·'~'· ! "1 I">'ß~ I 1'·;""··'ZunI· ,..( I· ..... ... h~21
'_ . ....;"~:-".~,..,,'_"~"'-',. _'_:_").,'(;_',,",V<" . .--'">..,, <.:_.,.,'._ - " .-.!: '~~-g~' ,. """".,__~.,:\_,,;,. .- <_ - . .'-?i.-..'- ,,_.. -- "
j-~,,_:~,-:_ 'n'<"-'~~"''-t;''H",-oi;':"--c_.--'-f~~,,,-,_-:,-,,',¡Jt:;{;;á'trs: :'-':"':';i;¡/;::0~- :,- - - . --,,_"':,;:,,::--y:-_ __c' ,,__:____.;.,_J,. -1;~'fÙ~;,_, - . - _ " ""->-~"'-:;:_-_"_-''''f~-- _ ,'_ --_'_ _.' _.' r_..X ,;~;~:' ""'-', - _ - '__ :'
Projected Expenditures (239,090) (248,090) (260,495) (273,519) (287,195)
':~~.~j~\lltj;¡¡:i;·<¡:;'~¥~f.fI··1 ~;t'.;R.V¡;¿¡'øø4 'R~\;¡i¡""~4ft;1 t)~·;;',:i.¡;¿hIUtf,¡~ "Zi\j:¡'¡j;"Uf1~
USUMfYTI(JNS USED III CALCULATlOIIS .
. · Sales are projected with a growth factor of 5%, based on past years
· The expenditures history have been very consistent with the only major increase being the user fees in 1996. In addition,
administrative time is being charged to the sewer fund for utility bills as is the water and refuse fun<l Therefore, after a
S14,000 projected increase in expenditures in 1998, projected expenditures are increased by 5% each year.
·
- ~1 ......
......000 ...... 0 0 <0<000<0 I'--
~ 0000 0 0 0 1'--('1)01.000 ;~ ~
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...... ...... I'-- 0 N N ('1)1.000......<0 .è(þ~ ('I)
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~ l'--enl.Ol.O I'-- <0 <0 1.001'--1'--00 \~ 1.0
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:s ! ........Q)O:::¡..; ~~ ! - L1.. ,- C,,)
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.
·
cm OF ST. JOSEPH - NOO/(UP FEE REVIEW
Hookup charges are required to fund the 1992 DBl Debt Service Fund
The following is a summary of revenues derived from hookup fees
1995 1996 1997 1991
Required by
Bonding 7,880 7,880 8,865 8,865
Assessment
Supplement Needed 11,236 11,236
Funds Needed
to support bond issue I 7,880 I ~ 7,880 ~ ~ 20,101 f I 20,101 I
Acutal 12,800 25,600 36,600 32,500
Hookup fees that can
be allocated to sewer 12,399
· Note: Hook fees are projected on the past growth and current developments
·
Minnesota Department of Health
121 East Seventh Place
P,O, Box 64975
S1. Paul, MN 55164-0975
May 19. 1998
St. Joseph City Council
c/o Ms. R. Stapleton. Clerk
St. Joseph City Hall
St. Joseph. Minnesota 56374
Dear Council Members:
Subject: Monthly Bacteriological Sampling Requirements. St. Joseph
Municipal Water SupplY System, Stearns County. PWSID 1730033
The Safe Drinking Water Act Total Coliform Rule requires water supply system
. personnel to take a specified number of monthly bacteria samples from
representative locations on the distribution system, The specific amount of
samples to be taken is determined by the population served by the system,
Your system is currently required to take 2 bacteria samples each month,
Based on the update received from your water supply system the "population
served" has increased from 2.994 to 4.406. Based on the given "population
served" by your water supply system you are now required to take at least 5
bacteria samples per month,
In order to allow time for you to coordinate your new sampling schedule we
wi 11 not expect you to begi n the increased samp 1 i ng until the month of July. A IJG
1998, If this is not enough time to coordinate the new schedule or you feel
there is an error in the population served please contact me as soon as
possible, If you have any questions, please contact me at 612/215-0759,
Sincerely.
D "(V\L~
'\~l:... c--y-
Patricia A, McKasy
Senior Compliance Officer
. Drinking Water Protection Unit
PAM: lmw
cc: Jon Groethe. Central West District Engineer
TDD: (612) 623-5522 (Twin Cities)
An Equal Opportunity Employer
~~
.
Amendment to Road Maintenance Agreement
WHEREAS, the City of St Joseph and the Township of St. Joseph have entered into a Road
Maintenance Agreement executed by the City of St Joseph on October 26, 1992 and the
Township of St. Joseph on October 13, 1992, and,
WHEREAS, it is understood all elements of that agreement are in full force and effect.
NOW, THEREFORE, IT IS AGREED between the City of St. Joseph and the Township of St,
Joseph as follO'NS:
. Additionally the the City of St Joseph shall be responsible for winter maintenance, including
snowplowing and winter sanding, of 90th Avenue between County Road 134 and Lynx Road; and
Lynx Road between East Baker Street County Road 134; and of 95th Avenue (also commonly
known as Seventh Avenue Southeast) from the southern boundary of the City to the southern
turnaround, approximately _ of a mile,
Dated: City of St. Joseph
By:
Its
Dated: Township of St. Joseph
By:
Its
.
" ,..
4IÞ ROAD MAINTENANCE AGREEMENT
WHEREAS, the City of st. Joseph and the Township of st. Joseph
are joint owners of certain roads hereinafter described:
WHEREAS, the City of st. Joseph and the Township of st. Joseph
are desirous of entering into an agreement setting for the
responsibilities of each municipality with regard to the
maintenance of the roads hereinafter described:
NOW, THEREFORE, IT IS AGREED between the City of st. Joseph and
the Township of st. Joseph as follows:
1. The Township of st. Joseph shall be responsible for
snowplowing and winter sanding that road known as 91st
Avenue.
4IÞ 2. The City of St. Joseph shall be responsible for
snowplowing and winter sanding that road known as 7th
Avenue up to the South end of palmersheim's property.
That this agreement shall remain in full force and effect and
each municipality shall have the maintenance responsibilities
hereinbefore enumerated until such time as one of the parties
provides thirty (30) days notification to the other municipality
signatory hereto that this Road Maintenance Agreement is
terminated whereupon this Agreement shall thereafter be
terminated thirty (30) days following said notice.
,)
Dated: ()(~ :~,l-,; 177 v CITY OF ST. JOSEPH
~ ^ ~ ~J .' 1.
BY'.~' .' ""/.~.. ~tL2 .' .
"\ Its ðk.:PlÀdt!.l. ;4~hv-
. Dated: (5:cd~ /5 !-;;92 TOWNSHIE--OF ST:-JOSEPH:
/ /. /rl~)' .,.,
/; , , ..ç:, / .
By: ( L..--.... r /' i./~'¿";v.:! I'!:./'
It I 1'(-' .
S . -?...¿ '--:.--. . ..J./-"c.......
. "'SE'H
113S. FIFTH A VENUE, po. BOX 1717. Sf CLOUD, MN56302-1717 320252-4740 800572-0617 320251-8760FAX
ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTATION
6/12/98 RE: City of St. Joseph
St. Joseph, Minnesota
1998 Street Improvements
St, Joseph, Minnesota
SEH No, A-STJOE 9802.00
Mr. Ron Hall
Hardrives, Inc.
1892 74th Avenue South
Po Box 579
Saint Cloud, MN 56302-0579
.' Dear Mr. Hall:
The Contract Documents indicate the substantial completion date for this project was June 10, 1998,
~~ - The substantial completion was set for 25 working days after Notice to Proceed was awarded.
Notice to Proceed was awarded on May 4, 1998 and there was one (1) rain day on May 8, 1998
where work was not possible. As of today, the wear course has not yet been placed and the manhole
castings and gate valves on Baker and 9th have not been raised.
The St. Joseph City Council will be considering liquidated damages at their next regularly scheduled
meeting on Thursday, June 25, 1998. Please respond in writing as to how you plan to schedule
completion of this project.
If you have any questions, feel free to call.
Sincerely,
~Orf, PE
Project Engineer
c: Jerry~Siegfried,.SEH,.. "'.'"
. R~chêi Stapletoi{ CitYòr St..J6sep~
Richard Taufen, City of St. Joseph
J:ISTJ0E\9802\CORR\JNII A,~8.wPD
SHORT ELLIOTT
HENDRICKSON INC. ST PAUL. MN MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON. WI LAKE COUNTY, IN
EQUAL OPPORTUNITY EMPLOYER
.
~"" .
. ORDINANCE 111: ORDINANCE PROHIBITING PUBLIC NUISANCES
The City Council for the City of S1. Joseph hereby ORDAINS:
.- -- -
Section 111.1: DEFINITIONS. As used herein, the following terms shall be defined as
follows:
Subd. 1: "Disorderly House" shall mean a building, dwelling, apartment or establishment in
which actions, conduct or activities occur in violation of laws relating to:
a) The illegal sale of intoxicating liquor or non-intoxicating malt liquor;
b) The illegal sale, possession or consumption of controlled substances as
defined in Minn. Stat. § 152.01, Subd. 4.
c) The consumption or possession of intoxicating liquor or non-intoxicating malt
liquor by underage persons in violation of Minn. Stat. § 340A.503, Subds. 1
and 3.
d) The maintenance or participation in a noisy party or gathering in violation
. of S1. Joseph Ordinance 102, Section 102.2, Subd. 6.
Subd. 2: "Owner" shall mean the legal or equitable owner of real property as those terms
have been commonly interpreted by the courts of the State of Minnesota. "Owner" shall not include
a mortgagee, contract for deed vendor, or the holder of an unrealized remainder interest in
property.
Subd. 3: "Possessor" shall mean the person, people or entity having legal right to possess
the property or a portion thereof. "Possessor" shall include those holding a leasehold interest in the
property, or a portion thereof such as an apartment.
Section 111.2: PUBLIC NUISANCE DECLARED: The following actS are declared to be
public nuisances which endanger the safety, health, morals, comfort or repose of members of the
public.
Subd. 1. Maintain a disorderly house.
Subd.2. Starting or allowing illegal fires.
Subd. 3. Knowingiy permitting an activity on property which results in the deposit of litter
in violation of Minn. Stat. § 609.68.
Subd. 4. Knowingly permitting an activity on property which results in trespass or damage
to the property of others.
.
~
Section 111.3 PENALTIES: .
Subd. 1. Any Possessor of property at which a public nuisance occurs shall be guilty of a
misdemeanor.
Subd. 2. The Owner of property at which a public nuisance occurs, if different than the
Possessor, is guilty of a misdemeanor, but only if the Owner has actual notice of the existence of
the nuisance and fails to take reasonable action available to abate the nuisance.
This Ordinance shall be effective upon passage and publication.
This Ordinance was passed by the City Council for the City of $1. Joseph this _
day of ,1997.
Mayor
Clerk/Administrator
'" \ city\stjoe \aJ093097.2St
.
.
......
----
. AMENDMENT TO ORDINANCE 55
HOUSING. MAINTENANCE AND OCCUPANCY ORDINANCE
The City Council for the City of St. Joseph does HEREBY ORDAIN that Ordinance 55 of
the St. Joseph Code of Ordinances (the Housing, Maintenance and Occupancy Ordinance) is
amended as follows:
1. That Section 55.4, Subd. 6, is amended to state:
"Subd. 6: Responsibility for Storage and Disposal of Garbage and Rubbish. Every owner
of a multiple family dwelling shall supply facilities for the sanitary and safe storage and/or disposal
of rubbish and garbage. In the case of single, two-family or multi-family dwellings of three units or
less, the disposal of rubbish and garbage shall be by the hauler contracting through the City in
accordance with the terms and conditions of the City contract. For all other properties, the owner
shall contract with a refuse hauling and disposal company which furnishes appropriate containers
for on-site storage of rubbish and garbage and pick up at least bi-weekly."
2. That the first paragraph of Section 55.11, Subd. 10 is amended to state:
"Every operating license issued under the provisions of this Ordinance is subject to
suspension or revocation by the City Council should the licensed owner or his duly authorized
. resident agent fail to operate or maintain the licensed rental dwellings and units therein in com-
pliance with the provisions of this Ordinance, or any other Ordinances of the City of St. Joseph
and/ or the laws of the State of Minnesota, or conditions exist or activities occur at the rental
dwelling in violation of ordinance or law. The operating license may be subject to suspension or
revocation for the first violation, without the necessity of knowledge by the owner or warning that
the property is operated or maintained in violation of ordinance or law. In the event that an
operating license is suspended or revoked by the City Council, it shall be unlawful for the owner
or the duly authorized agent to thereafter permit any new occupancies of vacant or thereafter
vacated rental units until such time as an operating license may be restored by the City Council."
3. That Section 55.11, Subd. 1, is amended to state:
Subd. 1: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance Official,
and without first securing a valid rental license from the City of St. Joseph. Any person filing such
a registration statement thereby consents to be bound by all of the provisions of this ordinance and
the other ordinances of the City of St. Joseph, as they may relate to rental property. In the case
of any rental property occupied on or before February 1, 1981, the registration statement shall be
filed before February 1, 1981. In the case of rental property completed and ready for occupancy
after February 1, 1981, a registration statement shall be filed and a rental license secured prior to
the occupancy of the dwelling. The registration statement shall be made and filed on forms
furnished by the Compliance Official for such purposes and shall set forth the following information:
a) Name, address and residence phone number of the owner, and if a corporation, the
. name of officers and registered office thereof. All owners must be listed.
...
b) Name and address of the rental property and the number of units to which the .
registration applies.
c) Name, address and phone number of the caretaker or manager responsible for the
maintenance and care of the rental units.
d) The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this Ordinance and other applicable ordinances of the City of
St. Joseph. The owner may designate any person residing in either Stearns, Benton,
or Sherburne County as his agent for this purpose,
e) Such other information as the Council may require.
4. That Section 55.11, Subd. 7, is amended to state:
Subd. 7: Posting of License and Notice. Every licensee of a multiple dwelling shall cause
to be conspicuously posted in the main entry way or other conspicuous location therein the current
license for the respective multiple dwelling. Every licensee shall cause to be conspicuously posted
in every rental unit, a notice containing information as prescribed by the City Council. The notice
shall be provided to the owner at the time of issuance of the licensee.
5, That Section 55.11 is amended by the enactment of the following as Subd. 11:
Subd. 11: Denial of Renewal. .
a) Every operating license issued under the provisions of this Ordinance is subject to
non-renewal by the City Council should the licensed owner or his/her duly
authorized resident agent fail to operate or maintain the licensed rental dwelling and
units therein in compliance with the provisions of the Ordinances of the City of St.
Joseph and the laws of the State of Minnesota,
b) The owner of property for which the renewal of a licensee has been denied may
request a hearing before the City Council challenging the decision of non-renewal.
The right to demand a hearing must be exercised by the Owner within seven (7)
days of notice of non-renewal or the hearing is deemed waived. The hearing shall
be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota Statutes.
c) In the event of non-renewal, the owner may not reapply for a rental license for a
period of eleven (11) months from the date of non-renewal, unless the owner
establishes to the City Council by clear and convincing evidence the existence of one
of the two circumstances set forth in Section 55.11.12( d) (1) and (2).
6. That Section 55.13 is amended to state:
Section 55.13: INSPECTION ACCESS, Any owner, occupant, or other person in charge of
a dwelling or dwelling unit may refuse to permit free access and entry to the structure or premises
under his control for inspection pursuant to this Ordinance, whereupon the Compliance Official may
seek a court order authorizing such inspection. Failure to provide access and entry after reasonable .
requests and notice may be grounds for revocation, suspension or non-renewal of the rental license.
of"
. These amendments shall be effective upon approval and publication. Adopted this _
day of , 1998 by the St. Joseph City Council.
Mayor
Clerk Administrator
Published in the St. Cloud Daily Times on ,1998.
n: \ city\stjoe\af052698.2S1
.
.
::1,';0-, .-~_-::i-;';_>_·:<:' ".--~- ':-qt-~,-.:.:~ .;: -,'---' - -?:-'--:- ~-.:-_;~:?~~i:;,__Z·:-:::~<'\."'·5'--' . -- - ~ ~- -_ ~ --_"C,',--' . .,__--u> __._ ._"__"'"¡,"'_-"_'.
~ -' - -'-'.-.' . -
.
~c:~~r~;<~~:~l
June 3, 1998
Rachel Stapleton, City Administrator
City of St. Joseph
PO Box 668
Saint Joseph, MN 56374-0668
Dear Ms. Stapleton:
The Central Minnesota Initiative Fund is pleased to submit this funcling request to the
City of St. Joseph for a contribution of $6,096 to support the Stearns County Capacity
Fund Campaign. This represents a contribution equivalent to $1.50 per capita, which is
. the level of support we are requesting from all cities in our service area. Payment of the
pledge could be made over a three-year period (1999, 2000, and 2001) or it could be paid
in full through a one-time contribution. Contributions received for this campaign urill be
matched dollar-for-dollar by The McKnight Foundation.
Created as a nonprofit, regional foundation in 1986 with the tremendous support of The
McKnight Foundation, the Central Minnesota Initiative Fund serves the 14 counties of
Central Minnesota. Our mission is to improve the quality of life for residents, famili£s, and
communities in Central Minnesota through comprehensive and integrated community
development. Key program areas include:
=::> Economic Development - increasing business creation and expansion through
business loans; funding programs that eliminate barriers to economic development
such as work force and housing development.
=::> Leadership Development - developing the leadership capacity of individual
communities to prepare and implement an integrated community development
plan. In addition, we will increase the leadership capacity of multi-community
clusters to manage change and growth.
=> Innovative Programming - provicling funding for innovative programs that address
emerging needs, such as telecommunications programs, helping communities
sustain themselves, nonviolence initiatives, etc.
.
Î 0 S E Fir s t A \. e n u e Lit tie F c' 11 s. \1 N 5 6 3 -1- 5 \320) 632-9255 Fax (322\ 632-925S
City of St. Joseph .
June 3, 1998
Page 2
In our twelve -year history, the Initiative Fund has had a significant, lasting impact on
residents in the region:
· Distributing over $17.9 million in grants and loans
· Creating almost 3.000 jobs
· Leveraging an additional $62 million in resources
· Trainillg 431 commullity leaders
In Stearns County, alone, the Initiative Fund has invested $2,795,737, providing
valuable jobs and supporting comrrnmity and economic development activities
throughout the County. (See attached listing,)
As a regional foundation dedicated to strengthening the economic and community
development of our region, the Initiative Fund must seek charitable contributions to
ensure the perpetuity of its vital programs. Thus, we are launching a multi-year
campaign, seeking a total of $6 million to support our grant and loan programs, build
our endowment, and respond to emerging needs of the region,
Of that $6 million, $2 million will be raised through local Capacity Fund Campai~s. .
The Stearns County Campaign goal is to raise $640,000 over the next four years.
Leadership support from cities throughout the county is vital to this effort. To date, we
have received a total of $147,595 in cash and pledges from 75 cities for this fund drive.
(See attached contribution report.)
Several local leaders who support the Initiative Fund have made a commitment to lead
this campaign. (See attached roster.)
We appreciate your consideration of this request, and wOtùd be happy to present our
request in person, should you wish to schedule us on an upcoming City Council
meeting agenda. Please feel free to contact Kathy Adams, Director of Development, to
arrange such a presentation.
~ç<j{~rU
Kathy Gaalswyk
Executive Director
Enclosures: Fact Sheet Integrated Community Development Wheel, County Project
Listing, City Contribution Report Steering Committee Roster, .
and Pledge Card
- .
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Mission: To improve the quality of life for residents, families, and communities in
Central Minnesota through comprehensive and integrated community
development.
Five Year Strategic Direction: To invest in well planned collaborative community
development endeavors that improve the economic vitality and overall health of
communities while increasing the asset base of the Fund.
Service Area: The fourteen county area of: Benton, Cass, Chisago, Crow Wing,
Isanti, Kanabec, Mille Lacs, Morrison, Pine, Sherburne, Stearns, Todd, Wadena
and Wright which includes 160 communities.
Activities:
· Gap lending to assist new and expanding businesses.
· Grants to community and non-profit groups for community and economic
development activities.
· Leadership training to build the capacity of communities to address change.
. · Public education regarding regional needs and opportunities such as housing,
work force, planning, economic development, etc.
· Fundraising programs to support the Fund, increase the level of philanthropy
in Central Minnesota, and to educate residents about philanthropy.
History: The Initiative Fund was established in 1986 by The McKnight
Foundation to address the human and economic needs in Central Minnesota. It is
one of six Funds serving greater Minnesota. It is an independent, nonprofit
philanthropic organization organized as a 501(c) (3). Since inception, the Initiative
Fund has:
· Made 1,111 grants totaling $8.8 million.
· Made 477 loans totaling $8.9 million.
· Leveraged $62 million in private investment.
· Created or retained 2,940 jobs.
· Trained 431 community leaders.
If you have questions about the Initiative Fund's programs, or would like to be
placed on the mailing list to receive our newsletter and fall program
announcements, contact:
Central Minnesota Initiative Fund
. 70 SE First Avenue
Little Falls, MN 56345
320/632-9255 (phone) 320/632-9258 (fax)
Kathy Gaalswyk, Executive Director 5/98
·
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.·PROJECTS.FUNDEDIN·STEARNSCOUNTY
. (throul!h 4/30/98) .
.NIZA TION NAME GRANTS AWARDED
PROJECT TITLE FISCAL YEAR AMOUNT
IESEC-S1. Cloud International Conference 1995 $2,000
lbany Heritage Society Cultural Preservation 1988 3,000
ethlehem Lutheran Church Trash to Treasures 1991 1,000
irthline, Inc. Self Esteem Training 1995 500
oys and Girls Club of S1. Cloud Cultural Arts Center 1997 1,000
ampus Child Care Center Center Playground and Services 1990 30,118
aritas Family Services Emergency Fann Fund 1989 20,000
aritas Family Services FarmlRural Newsletter 1987-89 89,275
aritas Family Services Rural Poverty Revolving Loan Program 1991 37,000
atholic Charities Community Liaison for La Cruz Community 1997 10,000
.entral Lakes Tourism Association Tourism Newsletter 1994 500
.entral MN Child Care Resource and Referral 1990 30,000
.entral MN Children's Theater Rural Outreach Program 1998 1,150
.entral MN Council on Aging Homes Plus Project 1994 5,000
.entral MN Council on Aging Leadership Intern 1991 16,750
.entral MN Council on Aging Senior Expo '89 and '90 1989 5,500
.entral MN Council on Aging Study of Older Rural Women 1988 1,300
:entral MN Council on Aging Volunteer Respite Program 1996 8,750
:entral MN Deaf School Central MN Deaf School Start-up 1997 10,000
:entral MN Emergency Medical Services Critical Incident Stress Debriefing 1993 10,000
:.1 MN Even Start Partner Organizational Planning 1996 2,500
; I MN Housing Partnership Homeowner Counseling Service Project 1995 2,500
:entral MN Housing Partnership Homebuyer Education Program 1997 5,000
:entral MN Housing Partnership Homelessness Assistance 1998 5,000
:entral MN Mental Health Center Roof Beam 1993 10,000
:entral MN Task Force S1. Cloud Intervention 1991 7,500
:hild Care Choices, Inc, Employer Survey 1997 10,000
:hild Care Mini Grants Sixty-five Individual Awards 1991 9,265
:ity of Belgrade Belgrade Community Planning 1997 2,500
:ity of Belgrade Healthy Community Partnership Program 1998 10,000
:ity of Cold Spring Housing Study 1997 2,500
:;ity of Freeport City Centennial 1992 1,500
:;ity of Melrose Community Revitalization 1987 3,000
:;ity of Melrose Comprehensive Plan Update 1996 1,000
:;ity of Melrose Water Survey and Education 1989 1,000
:;ity of Melrose Central MN Revitalization 1988 1,000
:;ity of Richmond Master Plan for Park 1994 2,000
:;¡ty of Richmond Tourism Joint Venture 1995 5,000
:;ity of Richmond Economic Development Planning 1993 750
:;ity of Sartell Growth Management 1997 10,000
:::ity of Sauk Centre Community Transportation Project 1996 1,000
:;ity of Sauk Centre Fingerhut Dislocated Workers 1990 12,046
:;ity of S1. Cloud Household Hazardous Waste 1988 7,500
. S1. Cloud Needs Assessment for Handicap Playground 1993 1,000
- S1. Cloud Central MN Events Center Feasibility Study 1998 10,000
::;ity of S1. Joseph Design for Community Park 1993 1,000
,=ity of St. Joseph Industrial Park Development 1998 5,000
1
ORGANIZA TION NAME PROJECT TITLE FISCAL YEAR AMOUN1
City of Waite Park Community Centennial Project 1992 1,500
City of Waite Park Comprehensive Plan 1997 2'5it
Downtown Council of St. Cloud Underground Vault Feasibility Study 1997 1,0
Eden Valley-Watkins School Planning for Local Technology 1996 2,500
Epilepsy Foundation of MN Community Peer Support 1993 1,000
Epilepsy Foundation of MN Intervention/Prevention 1995 4,000
Fairhaven Township Zoning Ordinance 1997 1,000
First Call for Help St. Cloud Project Care 1993 4,500
First Call for Help Rural Link 1992 9,000
First Call for Help Firstcallnet Rural Pilot 1997 8,000
Heritage Park Nature Center Enviromental Education Development 1991 10,000
HoldingfordlUpsala School District School-Business Partnerships 1994 9,100
Home of the Good Shepherd St. Joseph's Portion 1989 11,000
Kimball Area Public Schools Flavors on Friday 1998 1,075
Kimball Independent School District Whole Child Initiative 1989 27,500
League of Women Voters - St. Cloud Area Natural Parks and Trails Coalition 1997 2,500
Lutheran Social Services Rural Poverty Program 1991 54,800
March of Dimes Birth Defects Foundation Healthy Mother/Healthy Babies Coalition 1994 2,500
March of Dimes Birth Defects Foundation Healthy Mother/Healthy Babies Coalition 1997 10,000
March of Dimes Birth Defects Foundation Youth Health Day Conference 1989 1,000
Melrose/Sauk CentrelFreeport Area Advisory Council 1992 20,000
Melrose/St. Michael's Hospital Market Study 1992 2,500
Melrose/St. Michael's Hospital Study/Consolidation of Two Hospitals 1995 2,500
Mid-Minnesota Legal Assistance Legal Services for Low Income 1992 20,000
Mid-Minnesota Legal Assistance Legal Services for Low Income 1996 20,000
MN AIDS Project Education Needs Assessment 1988 1,.
MN Association of Crime Victims Conference on Violence 1988 1,0
MN Community Affairs Strategic Planning Process 1998 3,540
MN Correctional Facility - Sauk Centre Youth-Run Custom Embroidery Business 1998 10,000
MN Head Injury Association Infonnational Forums 1993 1,000
MN Public Radio KNSR-Operations 1989 7,500
MN Public Radio Planned Giving 1988 4,000
MN Public Radio Regional Issues Forum 1992 5,000
MN Senior Federation Local Issue OrganizinglLeadership Dev. 1996 5,000
MN Senior Federation Ombudsman V olunteer/Consolidation 1992 3,000
New Tradition Theatre Rural Housing Play Project 1996 3,000
New Tradition Theatre Theatre Association Planning 1997 10,000
North Fork Crow River Diagnostic Feasibility Study 1992 7,000
PaynesviIle Area Senior Center, Inc. Community Transit 1998 7,500
Quality Innovations and Resource Corp. Healthy Communities-Healthy Youth 1998 10,000
Reach Up, Inc. Needs Assessment 1996 2,500
Resource, Inc. - St. Cloud Flexwork PC Training 1993 8,400
Resource, Inc. . St. Cloud Flex Work Numeric Data Entry Program 1996 9,000
Resource, Inc. - St. Cloud St. Cloud Flex Work Program 1998 20,000
Rocori School District School Senior Partnership 1993 10,000
Sauk Area Senior Association Program Development for Senior Center 1994 1,000
Sauk RapidslRice School District Smart Moves Summer Program 1995 7,600
Sauk River Valley Planning Area Planning Partnership 1993 10,000
Sauk River Watershed District Osakis Lake Monitoring 1996 10.
Senior Helping Hands Program Tenants Assistance 1988 4,
Single Mom's Support Group Enrichment Program 1988 5,000
Sisters of the OrderlSt. Benedict Common Ground Community Garden 1995 3,000
Salvation Anny Case Management 1994 2,500
2
.GANIZA TION NAME PROJECT TITLE FISCAL YEAR AMOUNT
1. Cloud Area Chamber of Commerce Community Leadership 1991 2,500
'¡d Moo Ch.mb" of Comm"", Community Visioning-Great River Roundtable 1997 20,000
¡ d Habitat for Humanity Organizational Strategic Planning 1997 1,000
i. d Technical College FasTrac Business Training 1997 1,000
:. Cloud Area Economic Dev, Partnership Business Incubator Study 1988 5,000
" Cloud Area YMCA Child Care Services 1991 15,000
:, Cloud Area YMCA Children's Safety Center 1993 10,000
· Cloud Area YMCA Rural Outreach Program 1989 15,000
, Cloud Civic Orchestra Association Leadership Training and Planning 1993 750
, Cloud FISH First Call For Help Hotline 1990 42,000
, Cloud Hospital Child Care Center 1990 30,000
, Cloud Housing Coalition Great River Commons 1995 2,500
, Cloud Housing Coalition Affordable Housing 1990 25,000
· Cloud Housing Coalition Opening the Doors 1991 15,000
.. Cloud Public Arts Commission Historic Paramount Theatre 1993 10,000
, Cloud State University Bioregional Diversification 1989 44,000
· Cloud State University Community Planning 1990 1,000
, Cloud State University Minnesota Marketplace 1990 48,260
· Cloud State University VERTRAN 1995 5,000
, Cloud State University Small Business Development Center 1988 35,000
, Cloud State University Manufacturing Institute 1989 1,700
, Cloud State University Needs Assessment 1994 2,500
· Cloud State University RurallUrban Link 1994 15,000
, Cloud State University Sustainable Development Conference 1997 1,000
, Cloud State University Foundation Rural Outreach Counseling 1990 10,000
.county Lake W obegon Regional Trail 1997 10,000
. County 4H Art of Lively Living 1990 2,500
earns County Community Development Brooten Economic Development 1994 2,500
earns County Community Development Airport Study 1993 2,000
~arns County Community Health AIDS Program 1988 29,000
~ams County Community Health STD Media Campaign 1992 7,500
~ams County Environmental Services Wetlands Planning 1994 10,000
èarns County Environmental Services Comprehensive Planning Newsletter 1997 1,500
.::arns County Extension Teen Pregnancy Prevention 1994 39,700
~arns County Extension Teen Pregnancy 1992 36,350
~ams County Historical Society Community Quest 1998 10,000
~arns County Housing & Redev, Authority Housing Study/Implementation 1998 25,000
~arns County Park Department Granite Quarry Park Planning 1993 10,000
~arns County Social Services Video Conferencing Studio 1995 10,000
~arns County SWCD Sustainable Agriculture 1991 20,000
~arnslBenton Private Industry Council Labor Supply Study 1989 5,000
wn of Milwood Planning & Zoning Ordinance 1994 1,000
¡ County Action Program - S1. Cloud Strategic and Long Range Planning 1997 1,500
¡ County Action Program - S1. Cloud Emergency Assistance 1993 9,500
¡ County Action Program - S1. Cloud Heartland Express Services Exp, Plan 1995 2,500
i County Action Program - S1. Cloud Works in Progress 1995 10,000
i County Action Program - S1. Cloud Celebrating Collaborations 1998 3,000
¡¡ted Way of S1. Cloud Area Assessment of Needs 1988 7,500
IÌtcd Way of S1. Cloud Area Results Training & Consultation 1996 5,300
lId Township Comprehensive Planning 1998 5,000
Comprehensive Sewer & Water Study 1996 1,000
TOTAL GRANTS (215): $1,438,979
3
EXAMPLES OF LOANS AWARDED
BUSINESS NAME BUSINESS TYPE LOAN TYPE FISCAL YEAR .
Avon Billing Service, Avon Medical Billing Expansion 1989
Beekman & Schwitter, Brooten Mint Fann Start-up 1992
(Bonanza Valley State Bank - Brooten)
Beekman, Merlyn, Brooten Mint Fann Expansion 1995
(Bonanza Valley State Bank - Brooten)
Bestway Fabricating, St. Joseph Equipment Manufacturing Expansion 1990
(First State Bank - St. Joseph)
Bestway Fabricating, St. Joseph Equipment Manufacturing Expansion 1995
(First State Bank - St. Joseph)
Cabinet Components, Sauk Centre Wood Products Expansion 1996
(First National Bank - Sauk Centre)
Centre Dairy Euipment, Sauk Centre Dairy Supply Expansion 1992
(First National Bank - Sauk Centre)
Cupachino's, St. Cloud Coffee Shop Start-up 1995 .
(Stearns County National Bank - St. Cloud)
Custom Countertops, St. Cloud Custom Countertops Start-up 1994
(Norwest - Sauk Rapids)
Dan's Cabinets & Wood Products, Sauk Centre Cabinet Making Expansion 1998
(First State Bank - Sauk Centre)
Dairyland Graphics, Freeport Screen Printing Start-up 1997
(Freeport State Bank)
Diversified Machine, Waite Park Machine Shop Expansion 1991
(Zapp Bank - St. Cloud)
Diversified Machine, Waite Park Machine Shop Expansion 1995
(Zapp Bank - St. Cloud)
Epic Labs, Inc., Waite Park Special Lens Start-up 1993
(Norwest - St. Cloud)
Forest Mushrooms, St. Joseph Alternative Agriculture Expansion 1988
(State Bank - St. Joseph/Avon) ,
Forest Mushrooms, St. Joseph Alternative Agriculture Expansion 1991
(State Bank - St. Joseph/Avon)
Karen's Electric Electric Service Start-up 1989
4
_.1.1,.1........ oJ 1 H...1 ..LJ.....I .J.~. _~ .....~ A A .:...
Karen's Electric Electric Service Expansion 1993
¡'by'S Sporn, Sauk Centre Retail Sporting Goods Expansion 1993
, st National Bank - Sauk Centre)
Lens Specialist, Inc. Optical Laboratory Start-up 1990
(Stearns County National Bank - St. Cloud)
Life & Times, Inc" Avon Photo Albums Start-up 1996
(St. Stephen State Bank)
M & M Gymnastics, St, Cloud Instructional Expansion 1995
(First Bank - St. Cloud)
Master Mark Plastics, Albany Plastic Recycling Start-up 1989
(Community First Bank - Paynesville)
Meads Department Store, Sauk Centre Retail Department Store Start-up 1993
(First National Bank - Sauk Centre)
Miller Spring Fanns, Paynesville Fresh Produce Start-up 1995
(Fanners & Merchants - Paynesville)
MN Sawdust/Shavings, Sauk Centre Wood Products Expansion 1994
(First National Bank - Sauk Centre)
.nitor Tire Disposal, St. Martin Tire ShreddinglDisposal Expansion 1990
(St. Martin National Bank)
Monitor Tire Disposal, St. Martin Environmental Expansion 1995
(St. Martin National Bank)
Nova Fabricating, Avon Tank Manufacturing Expansion 1991
(First American Bank - St. Cloud)
Optoelectronics Center, Inc., Sauk Centre Mfg. of Optical Switches Start-up 1997
(First National Bank - Sauk Centre)
Peace of Green, Avon Environmental Retail Start-up 1994
(St. Cloud National Bank/Trust)
Peltz Manufacturing, St. Martin Poultry Loading Expansion 1990
(St. Martin National Bank)
People's Food Coop., St. Cloud Natural Food Expansion 1995
(North Country Coop. Fund - Minneapolis)
,D Marketing, St. Cloud Mfg, Interlocking Lawn Edging Items Start-up 1998
Freeport State Bank)
5
BUSINESS NAME BUSINESS TYPE LOAN TYPE FISCAL YEAR '"
P'S & Q'S Computing, Sauk Centre Retail/Service Start-up 1995
(First State Bank - Sauk Centre) ·
Ready Net Go, St. Cloud Internet Development Start-up 1996
(Rural American Bank - Foley)
Ready Net Go, St. Cloud Web Page Designer Expansion 1997
(Rural American Bank - Foley)
RJ.S, Specialties, Sauk Centre Mfg, of Home/Garden Products Expansion 1998
(First National Bank - Sauk Centre)
Schwitter's Seed, Raymond Mint Farm Expansion 1995
(Bonanza Valley State Bank - Brooten
Top Line Manufacturing, Paynesville Job Shop Expansion 1994
(Community First State Bank - Swanville)
Total Welding Service, Freeport Welding Services Start-up 1997
(Freeport State Bank)
TOTAL LOANS (61): $1,356,758
GRAND TOTAL OF ·
GRANTS AND LOANS $2,795,737
·
6
. CAPACITY FUND CAMPAIGN
CITY CONTRIBUTIONS LISTING
May 31, 1998
Benton County Morrison County Todd County
Foley Lastrup Browerville
Rice Little Falls Burtrum .
Sauk Rapids Motley Eagle Bend
. Randall Hewitt
Cass County Royalton Long Prairie
Cass Lake Swanville Staples
Lake Shore
Pillager Pine County Wadena County
Pine River Brook Park Menahga
Remer Finlayson Sebeka
Walker Henriette Staples
Hinckley Vemdale
Chisago County Kerrick
Center City Pine City Wright County
North Branch Sandstone Albertville
Wyoming Cokato
. Sherburne County Howard Lake
Crow Wing County Becker Maple Lake
Brainerd Big Lake Monticello
Breezy Point Elk River Montrose
Cuyuna Zimmerman Rockford
Emily South Haven
Garrison Stearns County Waverly
Manhattan Beach Belgrade
Nisswa Cold Spring
Pequot Lakes Eden Valley
Riverton Melrose
Paynesville
Isanti County Pleasant Lake
Braham Richmond
Rockville
Kanabec County St. Cloud
Mora St. Martin
Ogilvie St. Rosa
Sa uk Centre
Mille Lacs County
Isle
Milaca
Onamia
. Pease
Total City Contributions $147,595.00
.
CENTRAL MINNESOTA INITIATIVE FUND
BENTON/STEARNSCOUNTY STEERING COMMITTEE
.
Tarryl Clark eN) 320-259-5005
5 Woodhill Rd (F) 320-259-9501
St. Cloud, MN 56301
Barrett Colombo eN) 320-251-6700
Rinke Noonan (H) 320-253-0542
Norwest Center (F) 320-251-5114 .
PO Box 1497
St. Cloud, MN 56302
Lee Hanson (W) 320-252-4414
Hall & Byers PA (F) 320-252-4482
Security Financial Or ,(E) hallbyer@cloudnet.com
1010 W St. Germain SW600
St. Cloud, MN 56301
John Herges eN) 320-202-6100
Stearns County Bank (F) 320-253-3051
PO Box 7338
St. Cloud, MN 56302
John Hoefs (W) 320-251-7711
1815 Highland Rd (F) 320-253-1790
St. Cloud, MN 56301 (H) 320-251-5620
.
Gary Marsden eN) 320-259-3005
Marco Business Products (F) 320-259-3087
3000 Division St (E) garym@marconet.com
PO Box 250
St. Cloud, MN 56302
Bob Obermiller (H) 320-252-9275
4650 65th St SE (E) obie@cloudnet.com
St. Cloud, MN 56304
Bill Scarince eN) 320-253-2699
W.F. Scarince, Inc. . (H) 320-253-5707
4632 County Rd 119 (F) 320-253-4804
St. Cloud, MN 56303
Lynn SchUrman eN) 320-685-8681
Cold Spring Bakery (E) Iynnschu@aol.com
308 Main St
Cold Spring, MN 56320-2597
Dorothy Simpson (H) 320-252-6031
534 Montrose Rd (E) d_msimpson@stcloud.msus.edu
St. Cloud, MN 56301
Rita Sobania eN) 320-393-4248
. PO Box 7
Rice, MN 56367
.
Benton/Stearns County Steering Committee
Page 2 .
Pat Spence (H) 320-255-8916
8900 Lakewood Shore Rd NW (F) 320-255-8864
Rice, MN 56367
Joan Vincent (H) 320-252-9891
Joan Vincent Consulting (W) 320-255-7178
PO Box 1937 (F) 320-202-8214
St. Cloudl MN 56302 (E) joanconsul@aol.com .
Volunteers
Steve Bresnahan (W) 320-252-0412
Catholic Charities (F) 320-240-6892
1730 ih Ave S
St. Cloud, MN 56301
Jim Davis (W) 320-251-2700
St. Cloud Hospital (F) 320-255-5711
1406 6th Ave N
St. Cloud, MN 56303
Vern Foster (H) 320-352-3415
910 Ash St .
Sauk Centre, MN 56378
Jessie Harper (W) 320-252-4152
League of Women Voters (F) - No Fax
221 6 1 Oth Ave S
St. Cloudl MN 56301
Bob Johnson (W) 320-656-7020
Central MN Heart Center
1406 6th Ave N
St. Cloud, MN 56303
Roger Neils (W) 320-253-7130
Citizens League (F) 320-252-0257
PO Box 307
St. Cloud, MN 56302-0307
John Wertz (W) 320-252-5483
816 Rilla Rd (F) 320-252-3296
St. Cloud, MN 56303
Carol Mae Wieber (W) 320-259-0400
St. Cloud State University (F) 320-255-4778
25611 Lean Ln
St. Cloudl MN 56301
.
bsdab.doc
02/05/98
. ,
.
. COMMUNICATIONS SITE LEASE AGREEMENT (TOWER)
This Communications Tower Lease Agreement ("Agreement") is entered into this _
day of , 19_, by City of St. Joseph ("Lessor") and Wireless Communications
Venture, LLP. ("Lessee").
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a water tower (the "Tower") located in the City of
St. Joseph, County of Stearns, State of Minnesota (the "Tower" and "Land" are collectively, the
"Property"). The Land is more particularly described in Exhibit "A" annexed hereto. Lessor hereby
leases to Lessee and Lessee leases from Lessor space on the Tower to be used in accordance with
Section 2 herein.
2. Use. The Premises may be used by Lessee for any activity in connection with the
provisions of communications services. The Lessee shall be permitted to install and maintain four
(4) antennas at locations on the Tower as indicated in attached Exhibit liB". Lessee shall also be
permitted to maintain equipment associated with the antennas within the base of the water tower
in the location designated by Lessor. Lessor agrees to cooperate with Lessee, at Lessee's expense,
in making application for and obtaining all licenses, permits and any and all other necessary
approvals that may be required for Lessee's intended use of the Premises. Lessee's use of the
Premises, except for the building area, shall be non-exclusive.
. 3. Tests and Construction.
(a) Lessee shall have the right at any time following the full execution of this Agreement
to enter upon the Property for the purpose of making appropriate engineering and boundary
surveys, inspections, other reasonably necessary tests and constructing the Lessee Facilities (as
defined in Paragraph 6(a) below). Upon Lessee's request, Lessor shall permit Lessee to inspect
copies of all plans, specifications, surveys and tower maps for the Land and Improvements. The
tower map shall include the elevation of all antennas on the Tower and the frequencies upon which
each operates.
(b) Lessee shall reasonably cooperate with the Lessor in complying with FCC and OSHA
regulations goveming human exposure to radio frequency radiation.
4. Term. The term of this Agreement shall be five (5) years commencing on the date
of this Lease ("Commencement Date") and terminating on the fifth anniversary of the
Commencement Date (the "Term") unless otherwise terminated as provided in paragraph 10.
Lessee shall have the right to extent the Term for four (4) successive five (5) year periods (the
"Renewal Terms") on the same terms and conditions as set forth herein, except that rent shall be
adjusted for each renewal term equal to the percentage increase in the Consumer Price Index for
the Minneapolis/St. Paul metropolitan area since rent was last established or adjusted. This lease
shall automatically be extended unless Tenant communicates in writing its desire to terminate the
lease at least sixty (60) days prior to the end of the Term.
, 5. Rent. Within 15 days of the Commencement Date and on the first day of each
month thereafter, Lessee shall pay to Lessor as rent and 00/100
($ ) Dollars per month ("Rent"). Rent during any Renewal Term shall be
increased in accordance with Section 4 herein. Rent for any fractional month at the beginning or
at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at the .
St. Joseph City Offices, Attention City Clerk/Administrator.
6. Facilities: Utilities: Access.
(a) Lessee has the right to erect, maintain and operate on the Premises communications
facilities, including without limitation utility lines, transmission lines, electronic equipment,
transmitting and receiving antennas and supporting equipment and structures thereto ("Lessee
Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare and
maintain the Premises for Lessee's business operations and to install transmission lines connecting
the antennas to the transmitters and receivers. All of Lessee's construction and installation work
shall be performed at Lessee's sole cost and expense, in a good and workmanlike manner and in
accordance with OSHA and ANSE standards. Lessee shall not permit the filing of any liens by
mechanics or material suppliers contributing to an improvement constituting Lessee Facilities. Title
to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's
personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its
sole expense on or before the expiration or earlier termination oÎ the Agreement; provided, Lessee
repairs any damage to the Premises caused by such removal. Any Lessee Facilities not removed
on or before the expiration of the lease shall be deemed abandoned. Lessor may not undertake any
use or action that will interfere with City's use of the water tower.
(b) Lessor shall pay for the electricity Lessee consumes in the use of the Premises
described in Section 2. If Lessee makes any changes in the use of the Premises which results in an
increase in electricity use, at that time, Lessee shall become responsible for its electricity use and
obtain separate utility service from any utility company that will provide service to the Property .
(including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such
documents or easements as may be required by said utility companies to provide such service to the
Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee,
of an easement in, over across or through the Land as required by such servicing utility company
to provide utility services as provided herein. Lessee shall be responsible for the installation and
ongoing cost for phone lines necessary to facilitate Lessee's use of the Premises.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall be
provided access to the Premises upon notice to Lessor during regular business hours at no charge.
If access is necessary during non-business hours due to an emergency, Lessee shall reimburse the
Lessor for employee overtime costs incurred in providing access. Lessor shall maintain all keys to
the Tower base. Lessor grants to Lesse¡;, and its agents, employees, contractors. guests and invitees,
a non-exclusive right and easement during the term of this lease for pedestrian and vehicular ingress
and egress across the Premises.
7. In terference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause
interference to Lessor and other lessees or licensees of the Property. All operations by Lessee shall
be in compliance with all Federal Communications Commission ("FCC") requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself,
its lessees or licensees to install new equipment on the Property or property contiguous thereto .
owned or controlled by Lessor, without Lessor's permission. Permission may be withheld for any
reason.
2
.
. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such
taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes,
assessments and deferred taxes on the Property.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are
deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same
at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee may have entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the Lessee
Facilities (the "Collateral") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor
(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; (ill) agrees that the CoJlateral shall be exempt from execution, foreclosure,
sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may
be removed at any time without recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of receipt of written notice of default,
provided that the grace period for any monetary default is ten (10) days from receipt of notice; or
(ii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for
. the construction and operation of Lessee Facilities; or (ill) by Lessee if Lessee is unable to occupy
and utilize the Premises due to an action of the FCC, including without limitation, a take back of
channels or change in frequencies; or (iv) by Lessee upon ninety (90) days written notice if Lessee
determines that the Premises are not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference; or (v) by Lessor if the Tower is removed
or replaced or if the maintenance of Lessee's equipment on the Tower interferes with the City's use
of the Tower, or threatens the structural integrity of the Tower.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged,
destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this
Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to Lessor no more than forty-five (45) days following the date of
such damage, destruction, condemnatio:1 or transfer in lieu of condemnation. If Lessee chooses not
to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction
or abatement of use of the Premises. In the event of a condemnation that results in a substantial
taking of the Property, this Lease shall terminate upon the taking. Any compensation for the taking
of the Property shall accrue to the Lessor. Lessee shall have no claim against Lessor in the event
of condemnation. Lessee shall have no claim to any award of the condemning authority except for
relocation expenses.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on
the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a
combined single limit of at least One Million and 00/100 ($1,000,000.00) Dollars per occurrence.
. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and
agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein.
Lessor shall be named as an additional insured on the Lessee's policy. Lessee shall also maintain
3
a policy of insurance insuring its personal property, fixtures and improvements against damage or .
destruction due to storm, vandalism and other insurable causes.
13. Waiver of Subrogation, Lessee releases Lessor and its respective principals,
employees, representatives and agents from any claims for damage to any person or to the Lessee
Facilities thereon caused by, or that result from, risks which would be insured against under any
insurance policies required of the Lessee. Lessee shall cause each insurance policy obtained by it
to provide that the insurance company waives all right of recovery by way of subrogation against
the Lessor, and other lessees of the Tower, in connection with any damage covered by any policy.
Lessor shall not be liable for any damage caused by fire, vandalism, storm or other risks insured
against under any insurance policy required by Paragraph 12.
14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any
part of its interest in this Agreement or in the Premises without the prior written consent of Lessor;
provided, however, that Lessee may assign its interest to its parent company, any subsidiary or
affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one
percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this
Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written
notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but
not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary
contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise
transfer without consent its interest in this Agreement to any financing entity, or agent on behalf
of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of
guaranties thereof, (ü) has obligations evidenced by bonds, debentures, notes or similar instruments,
or (ill) has obligations under or with respect to letters of credit, bankers acceptances and similar .
facilities or in respect of guaranties thereof.
15. Warranty of Ouiet Enjoyment. Lessor warrants that (i) Lessor has access to the
Property; (ü) Lessor has full right to make and perform this Agreement; and (ill) Lessor covenants
and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the
terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may
peacefully and quietly enjoy the Premises.
16. Repairs, Lessee shall not be required to make any repairs to the Premises or
Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee.
Lessee shall be solely responsible for the maintenance and repair of Lessee's facilities. Except as
set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the
Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and
loss of casualty or other causes beyond Lessee's control excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose
of any Hazardous Material on, under, about or within the Land in violation of any law or regulation.
Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third
party has used, generated, stored or disposed of, or permitted the use, generation, storage or
dispose of, any Hazardous Material on, under, about or within the Land in violation of any law or
regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store
or dispose of any Hazardous Material on, under, about or within the Land in violation of any law
or regulation, Lessor and Lessee each agree to defend, indemnify and hold harmless the other and .
the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims
and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any
4
. representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance
known by the state in which the Land is located to cause cancer and/or reproductive toxicity,
and/ or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. This paragraph shall survive the termination of
this Agreement.
18. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all
claims (including attorneys' fees, costs and expenses of defending against such claims) arising from
the negligence or willful misconduct of Lessee or Lessee's agents or employees in or about the
Property. Lessor shall indemnify and hold Lessee harmless from all claims (including attorneys'
fees, costs and expenses of defending against such claims) arising or alleged to arise from the acts
or omissions of Lessor or Lessor's agents, employees, licenses, invitees or contractors occurring in
or about the Property. The duties described in Paragraph 18 survive termination of this Agreement.
19. Miscellaneo us.
(a) This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than
. those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or
registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
IF TO LESSEE: IF TO LESSOR:
Wireless Communications Venture,LLP City of St. Joseph
126 Division Street City Hall Annex
Waite Park, MN 56381 c/o City Clerk Administrator
St. Joseph, MN 56374
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Minnesota.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto
as Exhibit C will be recorded by Lessee in the official records of the county where Property is
located. In the event the Property is encumbered by a mortgage, Lessor agrees to obtain and
. furnish to Lessee a non-disturbance and attornment instrument for each such mortgage.
5
(g) In any case where the approval or consent of one party hereto is required, requested .
or otherwise to be given under this Agreement.
(h) All Exhibits annexed hereto form material parts of this Agreement.
(i) Agreement may be executed in duplicate counterparts, each of which shall be
deemed an original.
20. Tower Marking and Lighting Requirements. Lessor acknowledges that it, and not
Lessee, shall be responsible for compliance with all tower marking and lighting requirements of the
Federal Aviation Administration ("FAA") and the FCC. Lessor shall indemnify and hold Lessee
harmless from any fines or other liabilities caused by Lessor's failure to comply with such
requirements. Should Lessee be cited by either the FCC or FAA because the Tower is not in
compliance and, should Lessor fail to cure the conditions of noncompliance within the time frame
allowed by the citing agency, Lessee may either terminate this Agreement immediately on notice
to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts
may be deducted from the Rent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LESSOR: City of St. Joseph LESSEE: Wireless Communications
Venture, LLP.
By:
Date: By: .
Title: Date:
TAX ID#: Title:
TAX ID#:
l;\geD \ 1&59ï\aJW0397.40t
.
6
. EXHIBIT "A"
DESCRIPTION OF LAND
The Land is described as follows:
.
.
7
, .
EXHIBIT "e"
. FOR EXHIBIT PURPOSES ONLY EXECUTABLE MEMORANDUM
FOLLOWS THIS EXHIBIT
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this day of ,
1998, by and between the City of S1. Joseph, a Minnesota municapility (hereinafter referred to as
"Lessor"); and Wireless Communications Venture, LLP. (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement
("Agreement") on the day of . 1998, for the purpose of installing,
operating and maintaining a communications facility and other improvements. All of the foregoing
are set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on ,
19_ ("Commencement Date"), and terminating on the fifth anniversary of the Commencement
Date with four (4) successive five (5) year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit "A" annexed
hereto. The location and designation of the building provided for Lessee's exclusive use is as
contained in Exhibit "B" annexed hereto.
. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as
of the day and year first above written.
LESSOR: LESSEE:
By: By:
Date: Date:
Title: Title:
TAX ID#: TAX ID#:
ALL SIGNATURES MUST BE ACKNOWLEDGED
ACKNO'-\'LEDGMENTS
State of Minnesota )
) ss
County of Stearns )
On , before me, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged
.
9
.
to me that he/she executed the same in his/her authorized capacity, and that by his/her signature .
on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(Seal)
Notary Public
State of Minnesota )
) ss
County of Stearns )
On , before me, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the same in his/her authorized capacity, and that by his/her signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(Seal) .
Notary Public
n:\ city\stjoe \ af061598.401
.
10
· Cable Access Concerns
1. To re-establish cable commission (city council decision)
_ 2. Cable Access channel rules & regulations established, adopted by city
3. Operation of equipment-who is in charge??????
4. Connect a phone line to equipment for remote operations.
5. Warranty status of equipment .
6. Redirecting surcharge from cable subscribers to cable commission fund.
7. Establish a payroll for programming time and meeting coverage. Is this
donated time ??
8. Promoting channel to other medias and other communities
· 9. Upgrading the ICIOO software to IC 200 to eliminate known bugs in
software.
10. Council members concerns & comments.
11.
~,^;J b- Þ'\ V"- vI-. i 0-
·
In response to Cable Access Concerns:
Bob Loso
- 6/15/98
1. To re-establish cable commission (city council decision)
I never agreed with the dissolution: of the: cable- commission in the first place. I agree
that there needs to be a cable commission, however, the mission and responsibilities of
this C()11lmission need to be-agreedt():upfront~ The commission needs to have a purpose
to be effective.
2. Cable-Access channel rule& & feßUhrtions establish~ adopted by city,
Again, this was something that was started and needs to be followed through on. The
rules also need toestablish-who-is responsible-for erif01'cing them.
3. Operation of equipment - who is in charge.
I beUeve·that the operationt?fequipmentshauldbe·defined in the cable access· rules and
regulations. The operations should be separated into day to day functions (the bulletin
board) and. special events (video-display}.
4, Connect a phone line to equipment for remote operations,
. It is not enough to connect a phone line-ftJr remote operations. The computer that is used
for remote access, must also be loaded with the same software. This requires a modem
conne:ction for both computers. This is a great-expense that should be budgeted for on a
yearly basis, and based on a needs assessment. (How often is it used, cost of installation,
vs; cost of current use)
5. Warranty status of equipment.
Again/his shauld be a budgetetlitem;. aJlowin~f()1' yearly maintenance and. upgrades
when necessary. All warranties need to be maintained.
6. Redirecting surcharge- ITom eahlecsubscribers to cable commission fund.
This is a nonprofit access channel, while I agree that some funds should be directed to
this fund; the amount shmtld only cover operating costs.
7. Establish a payroll for programming time and meeting coverage. Is tills donated time?
I believe· the day to day operation of the bulletin board for City functions is a
responsibility of the City of St. Joseph staff, it is merely a method of communication to
the public and should be covered under their job responsibilities. The video taping of
city meetings shoúld also be covered the city Staff responsibilities. Additional video
. taping of city events and rebr(){1(;/(:ast of non-city meetings, as well as postings on the
bulletin board for community events could be handled by a volunteer staff. This is a
menu based system and is very easy to learn anduse.
In response to Cable Access Concerns:
Bob Loso
6/15/98 -
8. Promoting channel to other medias and other communities.
] dOc not believe that this channel should be used as a method of advertisement for any
business, or individual. The purpose of the channel is to communicate with our city
resicknts regarding City business and non prefitOl'ganizations.
9. Upgrading the IC1aa software to IC2aa to eliminate known bugs in software.
This upgrade should be covereciunder the existing warranty if there are known bugs in
the software. We should be budgeting for upgrades to the sofMare for future
enhancements to the system.
1a. Council members concerns and comments.
Re-broadcasting of the council meetin~ should be scheduled and followed through on
This is a missed opportunity for communicating with the public.
All City Commissions, public hemings, gefl€ral information meetings, etc., should be
broadcast, or taped to be broadcast at a later date. This will eliminate future problems
with closedmeeting issues, or f1()Jl-ctmlJnunicatio/l-with thepublic.
We are not using this system as it should be used. For the past six months we basically .
have abused the use of the re-sidenis money, We spend in excess of $1 0,000 on a system to
communicate with the public and we have not done this, This needs to improve
immediately.
.
Stearns Electric Association
Headquarters Bra:ø<!h Office
· 900 East Kraft Drive - loMrose..MN S83.5'l.0040 7.«1 Old Hwy. .s2 . Sf, Cloud. MN 56:5<!3
Phone: (m)~l · FiIX: (:S20)25G-~18 Phone: (S20)25~1 -I'IIX: (520)259-7099 .
.;, ..:~.~~:::;.:~.:~ .-~-'~J";'~:: :: ~~:-:7~~ -::~:.. --. - ..... .
. - "-'. -.-. .. . ._.~~----
To
June 17, 199X
Rach(;1 Stapleton
Clerk/Administrator
P.O. Box 668
St. Joseph, MN 56374-0668
Dear, Ms. Stapleton
Included you will rmd payment Înfonnation fo1' Ihe addiLional streettights requested in PoncMew
Ridge. Twu piSymc,:nt options are avaílable and a breakdown of each is listed below.
Pavment option #1:
£3205.00 One time aid to construction charge.
6.25 X 6:= $37.50 Usage charge ~r month fot' six lOOw street lights
7.25 X I = 1 7.25 Usage eharge per month for one ISOw sm:C:llighl
$44.75 Total monthly streetlight charges for the seven Jights as long as they are in use.
Payment ootion #2:
· 6.25 X 6 - $31.50 Monthly usage charge for six IOow street lights .
7.25 X I = S 725 Monthly usage charge for one I SOw street light
7.70 X 7= $~3,90 Monthly construction charge payable as Ions as seven lights Me in use.
S98.6S Total monthly streetlight charges for lIlt: ~c:vc:n lights as long as Ihcy are in use.
Option #1 has the advantage ofloog term savings ofS53.90 onCe the conwuction charges have ,
been recovered. A breakdown of the r~overy time is listed below.
Time ..., $3205.00 - 59.! Months Time until savings take effect by choosing option # 1.
$53.90
lù!gardless of the payment option chosen, Stearns CoopmItivc Elcctric A~i/:llion will provide
m.nintènancc of eaçh lighting unit. This ¡ndudes ftnnishing and replaœmem of lamps, photoelectric celJs,
glassware, and othèr maintenance as required. The agency receiving seIVice shall be responsible for
notifying Stearns of any interruptit'm of service.
If you have any other qUl:sûuns regarding this matter, please do not he.sitate to call.
;;Ì/IÇU;
Cerald Marthaler
[Zngin~cring Tech.
· .
,
COUNTY OF STEARNS
. Administration Center Rm 121 ·705 Courthouse Square · St. Cloud, MN 56303
320-656-3600 · Fax 320-656-6393
June 17, 1998
Rachel Stapleton
St. Joseph City Clerk/Treasurer
PO Box 668
St. Joseph, MN 56374
Dear Rachel:
. Based on a recent opinion by Stearns County Attorney, Roger VanHeel, (attached) it
appears that I have no legal authority to serve on the Joint Board developed by the City of St.
Joseph and St. Joseph Township to deal with orderly annexation issues. Therefore, I herewith
must resign my position on the Board.
I have certainly enjoyed my working relationship with the City and Township, and I
look forward to working with you on various matters of mutual concern in the future.
Sincerely,
f!14h (l~
Rose Arnold
Stearns County Commissioner, BRD District #3 dr:cf) 1If~'
cc: Roger VanHeel, Stearns County Attorney
Stearns County Board of Commissioners !j¿¿~ (!(}. .
Attachment
.
#875,8898 "Affirmative Action / Equal Opportunity Employer"
.
,
. COU NTY OF S· TEA R N S
o ffi c e of County Attorney
Administration Center, RM 448·705 Courthouse Square· St. Cloud, MN 56303-4773
(320) 656-3880 FAX (320) 656-6695
LEGAL ASSISTANT ASSISTANT COUNTY ATIORNEYS
M, Kathleen Arnebeck Daniel A. Benson
Will R. Brost
PATRICK T, STROM INVESTIGATORS Robert 1. Calhoun
First Assistant William C. Winscher - Chief Janis L. Hovda
Acting Chief-Civil/Human Services Division Jode G. Boldt Theresa M, Kehe
Pamela W. Weber Janelle P. Kendall
MARY A. YUNKER William S, MacPhail
Chief-Criminal Division VICTIM ASSISTANCE COORDINATOR Richard J, May
Audrey L. Westergren Dennis A. Plahn
June 16, 1998 Jacqueline M. Schuh
Samuel Wertheimer, II
Rose Arnold LAW OFFICE SUPERVISOR
Stearns County Commissioner Gladys E. Breuer
29353 Lindberg Lane
Avon,MN 56310
. Re: Planning and Land Use Control Board in Orderly Annexation Area -
M,S.A § 414.0325, subd. 5
Dear Commissioner Arnold:
- -
Your recently requested that I provide a written opinion concerning your position as a
Stearns County Commissioner on the "Board" established by #5 of the attached "Joint Resolution
for Orderly Annexation Between the Town of St. Joseph and the City of St. Joseph, Minnesota"
(Joint Resolution) dated December 29, 1997,
The only statutory requirement for a Stearns County Commissioner to be involved in
planning and land use control in an area designated for orderly annexation occurs if a joint
resolution does not provide for joint planning and land use control. M,S,A § 414.0325, subd.
5(c) (attached).
Since the attached Joint Resolution does provide for joint planning and land use control,
there is no statutory requirement that a Stearns County Commissioner be on the "Board" created
by #5 of the Joint Resolution.
y ours tru~ ~ Jþ!¿
~VanHeel
RSV /lmk
cc: Henry J. Dickhaus
. Leigh Lenzmeier
Mark K. Sakry
Robert A Gambrino
Henry J. Kohorst
George M, Rindelaub
#875,8898 "Affirmative Action / Equal Opportunity Employer"
J t~·~·!- i .:-j.:¡ : :.l l .:.' u: : .~l ~ I : 'f 1 1'" ~¡ JV~~rrt : .....'. flV. j¿,lJJOjUJ~i. r. L
.,I...., , \J1o
.
TOWN OF ST. JOSEPH RESOLUTION NO,
CITY OF ST. JOSEPH RESOLUTION NO.
JOINT RESOLtmON FOR ORDERLY ANNEXATION BE1WEEN TIre
TOWN OF ST. JOSEPH AND WE CITY OF ST. JOSEPH, MlNNESOT A
WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town") and the City of St. Joseph
(hereinafter referred to as the "City"), both located entirely within Stearns County, in the State of
Minnesota, have agreed that there is a clear need for a cooperatiye future planning effort for the land
governed by the two jurisdictions; and,
WHEREAS. to !.his end. have met eXtensively in discussion and stUdy of future planning issues as the
Greater St. J05q)h Area Committee; and,
WHEREAS. the Town Board and City Council ha,'e expressed their desire to encourage future
development of land near the City so as to avail such development of municip~i sef'\ices as much as is
pr::lctical, while enCQuragíng the retention ofland in agricultural use;
NOW, TIIEREFORE. BE IT RESOLVED, in consideration of the mutual terms and conditions that follow,
that the City and Town enter into this Joint Resolution for Orderly Annexation.
1. Designation of Orderlv Annexation Area. The Town and City desire to designate the area set forth 011
. the map attached (Exhibit 4) and the legal descriptions attached (Exhibits 1. 2 and 3) as subject to
orderly annexation under and pursuant to Minnesota Statutes Section 414.0325,
2. Minnesota Municipal Board Jurisdicrion~ Upon approval by the Town Board and the City Council,
this Joint Resolution shall confer jurisdiction upon the ~finnCS!.lta Municipal Boord (hereinafl.er
referred to as the "'Municipal Board") so as to accomplish said orderly annexations in Jccorclance with
the terms of this Joint ResoLution.
3 No Alterations of Boundaries, The Town and City mutually agr~ and state that no alterat1o.ns by the
Municipal Board of the stared boundaries of1he area designated for orderly annexation is appropriate.
4. Review and Comment bv the Municioal Bo;µ:d. The Town and City mutually agree and state that this
Joint Resolution and Agreement sets forth alllhe conditions for annexation of the areas designated
and that no consideration by the Municipal Board is necessary. The Board may miew and comment.
but shall, within tlùrty (30) clays, order the annexation in accordance with the terms of this Joint
Resolution.
5. Planning: and Land Use Control Authorirv.The Tot'lt1 and City mutually ::Jgree and slate Ihat willùn
thirty (30) days of the effective date of the Municipal Board's order establishing the Orderly
Annexation area, a board ....ill be established to exercise planning and land use control authority within
the designated orderly annexaùon area pursuant to Minnesota Statutes, Section 414,0325, Subdi....ision
5c, in the manner prescribed by Minnesota Statutes 1976, Secrion 471.59, Subdhision 2 through 8,
inclusive. Prior to annexation. the ordinances of the Town wiU control the properties in the area
d.esignated for orderly annexation; foUo,\-ing annexation, the ordinances of the City shall control.
. All zoning and subdivision regulation within the orderly· annexation area. prior to annexation, sh:111 'be
controlled by a three (3) member commission, with one member appointed from each of the City
Council. Town Board. and the Stearns County Board of Commissioners.
.j ij'N - L::-'j~. d i L:IJ~ rM ",ilY 1J1' ~l ·jij~r.rri ~iL\ ¡'u. jLUjöjU34~ r, J
.
<,' Such membership to this committee shall be appointed on an annual basis by both the City Council
and the TO\\1\ Board. The County membership shall be held. by the Commissioner for the district
containing both the City and Township.
This committee shall serve as the "governing bodY' and "board of appeals and. adjustments", for
purposes of ScctioIU Minnesota Statutes. Sections 462.357 and 462.358, within the ordetly annexation
area. The committee shall have all of the powers contained in Minnesota Statutes. Sections 462.351 to
462.364, and shall have the authority to adopt and enforce the Uniform Fire Code promulgated
pursuant to Section 299F.Oll. Fol1o\'tÌDg annexation, the annexed properties shall be subject to the
zOIÚng and subdi...;'sion controls of the City, and the City Council shall serve as lbe "governing body."
6. Municiœl Reimbursement. The City and Town mutually agree and state that, pursuant to MiIU1esola
Statutes 414.036, a reimbursement from the City to the Town shall occur for the uxes collected on
land annexed into the City, according to the following conditions:
A All reimbursement 'will be based on the ...-aluation and tax capacity of the land as it exiStS in the
Town at the time of its annexation.
B. The reimbursement on said land shall be based on a five (5) year schedule \'tith the percentage of
base taxes reimbursed to the Town as follows:
Year 1 60%
Year 2 50%
Year 3 40%
. Year 4 30%
Year 5 20%
C. At the sixth -year, and e-,:ery year thereafter, all pertinent tax re\'enues \\-ill be the
property of the City. - -
D. Any circumstances of extreme undue hardship may be cause for re-negotiation of this section on a
~e-by~se basis.
7. Conditions for Orderlv Annexation.
A. Timeliness of annexation. The City and To\\-l'I desire to establish zones \\-ithin the area designa.ted
in Section 1 so as to prO\ide a relative reference as to when services might be reasonably provided,
The zones are designated as:
ZONE PROJECTED LIFE LEGAL DESC. MAP
Zone 1 0-5 Year Exhibit 1 Exhibit ~
Zone 2 6-10 Years Exhibit 2 E:dùbit ~
Zone 3 11-20 Years Exhibit 3 Exhibit 4
The City \\i1l ma1œ reasonable effort to provide and plan for the possible extension of services into
each zone within the projected tüe of ~ch lone.
Unless 3 petition of property owners for annexation has been filed \\;,(h the City, (he City agrees
not to peu[Ïon for annexation of any area 'i\ìthin Zone 1 for a period of five (5) years. unless it is
ordered to provide sanitary sewer and/or municipal w3ter ser.ices to any are::ss in said zone by the
MPCA or any other State or Federal regulatory agency. At the end of five (5) years. the Town
:1grees not to object to any petition for annexation of Zone 1 by the City,
. Unless 3 petition of property owners for annexation has been filed with the City, the Cicy agrees
not to petition for annexation ofaTly-a-re3 'i\ithin ZOne 2 for:1 period often (10) ye~us. unless it is
ordered to provide sanitary sewer and/or municipal water sen-ices to any a~:1S in said zone by (he
JUN-12-98 FE: I .., . ~.' -'I{ Cin ùf 31' JOSEPrl r.;"'A Nu. j¿u:a3U34.:; ~.
l' I' ,: "IV "
~. '..J": 40"
.
MPCA or any other State or Federal regulatory agency. At the end often (10) years, the Town
agrees not to object to any petition for anne:t3lion of Zone 2 by the City.
Unless a petition of property owners for annexation has been filed with the City, the City agrees
not to petition for annexation of any area within Zone 3 for a period of twenty (20) years, unless it
is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by
the MPCA or any other State or Federal regulatory agency. At the end of twenty (20) years, the
Town agrees not to object to any petition for annexation of Zone 3 by the City.
B, Annexation Petition Reawrements. In order to be considered for annexation, the owners of at
least sixty (60) percent of the parcels of property in the affected area must petition.
If the owners of sixty (60) percent or more, but less than one hundred (100) percent of the parcels
of property in the affected area petition for annexation. a joint hearing of both the Town BOí1rd
and the City Council shall be called to consider the petition. The petition shaU not be appro\'oo
unless both the Town Board and the City Cowmci1, voting as separate bodies, apprO\'e the petition
seeking annexation.
If the O\\l1ers of one hundred (100) petcent of the parcels of property in the affected area petition
fOf annexation, the City Council will, as an agenda item at their next regular Council meeting,
review the petition for consideration of annexation,
. 8. JointP1annin~ çQm.mìttee. AIrj issues that Vt"Ould normally come before the Planning Commissions of
either the City or the To"..n that involves land witmn the boundaries of the orderly annexation area
described in Section One prior to annexation, win be heard by a JQint Planning Commission.
. -
Membership of this Joint Planning Commission shall be as follows:
A. Three (3) members from the City Planning Commission.
B. Three (3) members from the Town Planning Comnússion.
C. The City member of the Orderly Annexation District Planning and Zoning Authorily.
D. The Tovt1l member of the Orderly Annexation District Planning and Zoning Authority.
The posting and publishing of meetings for the Joint Planning Commission, as well as the taking of
minutes for their meetings, shall be the teSpOnsibility of the Town Clerk.
Following annexation, the annexed parcel will fall under authority of the City of St. Joseph Planning
Commission.
9. Periodic Review The City and Town mutually agree and state that a periodic re-.iew of this agreement
is to be conducted beginning three (3) yeaTS after the eff'ectÌ\-e date of this agreement and e;'ery three
(3) years thereafter. The Joint Planning Committee as described in Section 8 of this agreement shall
be responsible for conducting this periodic re-.iew, and shall present a.repon of said review to both the
City Council and Township Board for their considëration of any recommend:1ùons.
10. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms
of this Joint Resolution into e£f~,
. 11. SC\'erability and Recealer. A determination that a provision oftlùs Joint Resolution is unlawful or
unenforceable shaH not affect the validity or enforceability of the oth~r pro\isions herein. Any prior
agreement or joint resolution e:tisting between the parties and effecting the property described in the
atlachcd Exhibits, shall be considered repealed upon the effective date of this 10int Resolution.
j'T" ,~ 08 ""1 "'nr- DM CITY OF ST JOSEPH ¡;.\" NO 3203630342 P
. ., VN. - 1 C -..J . n 1.::. . J:¡ Ii ....
.L ..-....... 1 . .'
.
Upon adoption of this Orderly AnnexatiQn Agreement by the City of 51. Joseph and Township of Sl
Joseph, and approval by the Mwùcipal Board, the Joint Resolution as to Orderly Annexation, City of
St. Joseph and Township of St.loseph, dated October 2, 1975, and subsequently amended by joint
resolution approved by the City ofSt. Joseph on April 16, 1987, and approved brthe Town orSt,
Joseph on April 27, 1987, shall hereby be CQnsidered rescinded and superseded by the provisions of
this Agreement.
12. Effective Da~ 1ñis. Joint Resolution shall be effective upon adoption b)' the governing bodies of the
City and Township and appro,,'ed by the Municipal Board.
Approved the :2 c:r dày of . [) <? C ~. """" t ~ /' . 1997, b)' tbe TO\\'l1 Board of the Town of Sl. Joseph.
---z: cJ~
CM(2 /~jJF
Clef
Approved the \~ day o~ s..U 'rn h.i~ . 1997, by the City Council of the City of St. Joseph.
. .
or
Q~ ,~
. ¿~L '" øJ}2J:~'
Clerk! AdminiStra[or
.
MN-STAT-AN - MSA S 414.0325, Orderly annexation~ within a designated area
4111r.---------- Excerpt from page 66221 follow~ ------------
. S .A. S 414.0325
MINNESOTA STATUTES ANNOTATED
CITIES, ORGANIZATION
CHAPTER 414. MINNESOTA MUNICIPAL BOARD
Current through End of 1997 2nd Sp. Sess.
414.0325. Orderly annexations within a designated area
Subdivi~ion 1. Initiating the proceeding. one or more townships and one or more
municipalitie~, by joint resolution, may designate an unincorporated area as in need of orderly
annexation. The joint resolution will confer jurisdiction on the board over annexations in the
designated area and over the various provi~ions in said agreement by submission of said joint
resolution to the executive director. The resolution shall include a description of the
de~ignated area and the reason~ for designation. Thereafter, an annexation of any part of the
de~ignated area may be initiated by:
(1) submitting to the executive director a resolution of any ~ignatory to the joint
resolution; or
(2) the board of its own motion.
Whenever a state agency other than the pollution control agency, orders a municipality to
extend a municipal ~ervice to an area, such an order will confer jurisdiction on the Minnesota
municipal board to consider designation of the area for orderly annexation.
If a joint resolution designates an area as in need of orderly annexation and states that no
alteration of its stated boundaries is appropriate, the board may review and comment, but may not
alter the boundaries.
IIÞ If a joint resolution designates an area as in need of orderly annexation, provides for the
conditions for its annexation, and states that no consideration by the board is necessary, the
board may review and comment, but ~hall, within 30 days, order the annexation in accordance with
the te~ of the resolution.
-
Subd. 1a. Electric utility ~ervice notice. At least 60 days before a petition is filed
under this section or section 414.033, the petitioner must notify the municipality that the
petitioner intends to file a petition for annexation. At least 30 days before a petition is
filed for annexation, the petitioner must be notified by the municipality that the cost of
electric utility service to the petitioner may change if the land is annexed to the municipality.
The notice must include an estimate of the cost impact of any change in electric utility
services, including rate changes and assessments, resulting from the annexation.
------------ Excerpt from page 66222 follows ------------
Subd. 2. Board's hearing and notice. Upon receipt of a resolution for annexation of a part
of the designated area, the executive director shall set a time and place for a hearing in
accordance with ~ection 414.09.
Subd. 3. Board factors, order. In arriving at its decision, the board shall consider the
factors in section 414.031, subdivi~ion 4.
Based upon factors in section-414.031, subdivi:!!on 4, the board may order the annexation:
(a) if it find~ that the subject area is now or i~ about to become urban" or suburban in
character and that the annexing municipality is capable of providing the services required by the
area within a reasonable time; or (b) if it finds that the existing township form of government
is not adequate to protect the public health, safety, and welfare; or (c) if it finds that
annexation would be in the best interests of the subject area. The board may deny the
annexation if it conflicts with any provision of the joint agreement. The board may alter the
~daries.of.the prop07ed annexation ~y i~cr7asing or decr7a7ing the ~rea so a7 to in7lude that
perty w~th~n the des~gnated area wh~ch ~s ~n need of mun~c~pal serv~ces or wlll be ~n need of
municipal services.
If the annexation is denied, no proceeding for the annexation of substantially the same area
may be initiated within two years from the date of the board's order unless the new proceeding i~
,
initiated by a majority of the area's property owners and the petition is supported by affected
~rties to the resolution. In all cases, the board shall set forth the factors which are the
~Sis for the decision.
Subd. 4. Effective date of annexation. The board's order shall be effective upon the
issuance of the order or at such later time as is provided by the board in its order. A copy of
the annexation order must be delivered immediately by the executive director of the Minnesota
municipal board to the appropriate county auditor or auditors. For the purposes of taxation, if
the annexation becomes effective on or before August 10f a levy year, the municipality may levy
on the annexed area beginning with that same levy year. If the annexation becomes effective
after August 1 of a levy year, the town may continue to levy on the annexed area for that levy
year, and the municipality may not levy on the annexed area until the following levy year.
Subd. 5. Planning in the area designated for orderly annexation. A joint resolution may J
P7ov~de for the est~lishment of a~j~f~ to exer7ise planning and land ~s.e con7rol ~uthority
w1th1n any area des1gnated as an or annexat10n area pursuant to th1s sect10n, 1n the manner
prescribed by > Minnesota Statutes 1976, Section 471.59, Subdivisions 2 to 8, inclusive.
------------ Excerpt from page 66223 follows ------------
(a) A board established pursuant to a joint resolution shall have all of the powers contained
in sections 462.351 to 462.364, and shall have the authority to adopt and enforce the uniform
fire code promulgated pursuant to section 299F.Oll.
(b) The joint resolution may provide that joint planning and land use controls shall apply to
any or all parts of the area designated for orderly annexation as well as to any adjacent
unincorporated or incorporated area, provided that the area to be included shall be described in
the joint resolution.
(c) If the joint resolution does ~ provide for joint planning and land use control, the
following procedures shall govern:
If the county and townships agree to exclude the area from their zoning and subdivision
.dinances, the municipality may extend its zoning and Subdivi.sion regulations to include the
tire orderly annexation area as provided in· section 462.357, subdivision I, and section
462.358, subdivision 1.
If the county and township do not agree to such extraterritorial zoning and subdivision
regulation by the municipality, zoning and subdivision regu~tion within the orderly annexation
area shall be controlled by a three-member~mmi~tp~ with one member appointed from each of the
municipal, town, and county governing bodies. Th1s committee shall serve as the "governing body"
and "board of appeals and adjustments", for purposes of sections 462.357 and 462.358, within the
orderly annexation area. The committee shall have all of the powers contained in sections
462.351 to 462.364, and shall have the authority to adopt and enforce the uniform fire code
promulgated pursuant to section 299F.Oll.
Copyright (c) West Group 1998 No claim to original U.S. Govt. works
.
. TOWNSHIP OF SAINT JOSEPH
FROM THE OFFICE OF
June 11, 1998
City of st. Joseph
Box 668
st. Joseph, MN 56374
Re: Purchase of Roth Property
The st. Joseph Town Board discussed the joint purchase of the
Roth Property at the June 8, 1998, meeting. After learning the
intent use of the property would be for PUBLIC USE OBLY lessened
the Township's interest in jointly purchasing the property. The
st. Joseph Town Board recommends the City purchase the property.
The Town Board is asking the City to consider buying the
. Township's portion of the presently jointly owned corner lot on
4th Avenue and Minnesota street which has been zoned for PUBLIC
USE OBLY - without the Township's notification for input. The
Town Board is willing to negotiate price.
Sincerely,
/:JJfß;ø/
~~ '-~ ~ ()
Ann Reischl
Town Clerk
.
ct
V Rajkowski
, tt~~~~ Ud.
11 Seventh Avenue North June 16, 1998
P.O. Box 1433
St. Cloud. MN 56302-1433 Ms. Rachel Stapleton
St. Joseph Clerk Administrator
City Hall
320-251-1055 P.O. Box 668
Toll Free 800-445-9617 St. Joseph, MN 56374
Fax 320-251-5896 Re: RothjSt. Joseph Purchase Agreement
Our File No. 19,245
rajhan@cloudnet.com Dear Rachel:
Enclosed herewith please find a Purchase Agreement for the purchase of the Roth
property. Would you please distribute this to the Council members for review. I
would also suggest that a copy be sent to the Township for consideration and review.
There is one other issue not addressed in the Purchase Agreement. Under County
. ordinance, it is very likely occupancy of the property 'vculd no: be permitted unless
the septic system is upgraded or the h(}L~se is conn~cted to city sewer. Therefore,
if the City and Town plan on renting the property out to a third party for any period
of time after acquisition, additional costs will have to be incurred for connection to
city sewer and water. On the other hand, if there is no intent to keep the house and
rent it out for occupancy, this would not be an issue. We may also be able to get
a short extension from the County to allow us to rent out the house for a year or
Frank J. Rajkowski .. two, but I would not count on that when going into this transaction. I suggest that
the City Council and the Township be made aware of this issue and consider the
Gordon H. Hansmeier proposed use of the property in the immediate future and the fact that additional
Frederick L. Grunke costs will have to be in:urred to mak~ the house habitable.
Thomas G. Jovanovich· Very truly yours,
John H. Scherer .
Ri\JKOWSKI HANSMEIER LTD.
Paul A. Rajkowski·
Kevin F. Gray
William J. Cashman j/' 06n H. Scherer
Richard '.N. Sobaivarro JHS:clb
Beth S. Thompson
EncIúsure
Bridget M. Lindquist
. R. Hansen cc: The Honorable Ken H¡enenz
\1ar':< E. A,rneson t\gen \18889\aro61.598.oJ2
'.:'1.'< ;. .=ia.i,':c'..s~~; ,";0 Y.·C~àrc :-1,/. SODaí...--arro "re admitted ~o pract:ce in NOrT;"; Cako:::,], Gordon i{ Hansmeier in Nonh DaKora and V/:scopsm, P~-:¡u¡.4. F?ajko'"vski in vVisconsin and V'¡illiam 1. Casnman in South Dakota.
-Memc2'r af American Soard of Trial Advocates. eQuaiified AOR Neutrai
.
"
MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT
-
BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN
ATIORNEYTODETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR
LEGAL RIGHTS. Hennepin County Bar Association disclaims any liability arising out of this form.
1. PARTIES. This Purchase Agreement is made on June _,1998, by and between
Leona Catherine Roth, single, of Sartell, Minnesota, SELLER, AND the City of St. Joseph and
Town of St. Joseph, jointly, referred to as BUYER.
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real
property legally described as:
All that part of the Northwest Quarter of the Southeast Quarter
(NW1.4 SE1.4) of Section Ten (10) in Township One hundred and
twenty-four (124) North, of Range Twenty-nine (29) West, described
within the following Metes and Boundary lines, to-wit: Commencing
at a point in the North line of State Highway No.3, now Federal
Highway No. 52, which point is distant One hundred and sixteen
(116) feet Easterly of the point of intersection of the North line of
State Highway No.3, now Federal Highway No. 52, with the West
. line of the Northwest Quarter of the Southeast Quarter of Section
Ten (10) Township One hundred and twenty-four (124) North, of
Range Twenty-nine (29) West, and running thence Easterly, along
the North line of State Highway No.3, now Federal Highway No. 52,
a distance of Fifty (50) feet, thence North, parallel with the Section
line, a distance of One hundred and ninety-eight (198) feet, thence
Westerly, parallel to the North line of the said Highway, a distance
of Fifty (50) feet, and thence South, parallel with the Section line, a
distance of One hundred and ninety-eight (198) feet, to the place of
beginning.
Parcel B
That part of the Northwest Quarter of the Southeast Quarter (NW1.4
SE1.4) of Section Ten (10), Township One Hundred Twenty-four
(124) North, Range Twenty-nine (29) West, St. Joseph Township,
Stearns County, Minnesota, being more particularly described as
follows:
Commencing at the Northwest corner of said Northwest Quarter of
the Southeast Quarter (NW1.4 SE1.4); thence South, assumed bearing,
along the West line of said Northwest Quarter of the Southeast
Quarter (NW1.4 SE1.4), a distance of 183.00 feet to the northwest
corner of the parcel described in Deed Document Number 184595,
. thereof on file and of record in the office of the County Recorder,
Stearns County, Minnesota; thence North 85 degrees 11 minutes 57
seconds East, along the northerly line of said parcel described in
Deed Document Number 184595 and along the northerly lines of the
parcels described in Deed Document Numbers 188750 and 213025,
thereof on file and of record in the Office of the County Recorder,
Stearns County, Minnesota, a distance of 166.00 feet to the northeast
corner of said parcel described in Deed Document Number 213025,
said point also being the Point of Beginning of the parcel to be
described; thence South, along the East line of said parcel described
in Deed Document Number 213025, a distance of 198.00 feet to the
northerly right-of-way line of Minnesota Street (formerly Minnesota
State Trunk Highway Number 3 and United States Trunk Highway
Number 52); thence North 85 degrees 11 minutes 57 seconds East,
along said northerly street right-of-way line, a distance of 36.10 feet;
thence Norther, parallel with said East line of the parcel described
in Deed Document Number 213025, a distance of 198.00 feet to the
easterly extension of said northedy lines of the parcels described in
Deed Document Numbers 213025, 188750 and 184595; thence South
85 degrees 11 minutes 57 seconds West, along said easterly extension,
a distance of 36.10 feet to the Point of Beginning.
Said parcel contains 0.164 acres of land, more or less, and is subject
to existing easements of record.
located at 515 East Minnesota Street, City of St. Joseph, County of Stearns, State of Minnesota.
. 3. ACCEPTANCE DEADLINE. This offer to purchase, unless accepted sooner, shall
be null and void at 11:59 P.M. July 1, 1998, and in such event all earnest money shall be refunded
to Buyer.
4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following
items of personal property and fixtures owned. by Seller and currently located on the property are
included in this sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors,
screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with
bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace
inserts, fireplace doors and screens, built-in humidifiers, built-in air conditioning units, built-in
electronic air filters, automatic garage door openers with controls, television antennas, water
softeners, built-in dishwashers, garbage disposals, built-in trash compactors, built-in ovens and
cooking stoves, hood-fans, intercoms, installed carpeting, work benches, security systems, and also
the following property (none). Upon delivery of the deed, Seller shall also deliver a Bill of Sale for
the above personal property.
5. PRICE AND TERMS. The price for the real and personal property included in this
sale is Fifty-Five Thousand and nO/100 Dollars ($55,000.00) which the Buyer shall pay as follows:
Earnest money of $100.00 by check, and $54,900.00 cash on July 31, 1998, the DATE OF
CLOSING.
6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute
. and deliver a warranty deed, joined in by spouse, if any, conveying marketable title, subject to:
2
-
- (A) Building and zoning laws, ordinances, state and federal regulations;
(B) Restrictions relating to use or improvement of the property without effective
forfeiture provisions;
(C) Reservation of any mineral rights by the State of Minnesota;
(D) Utility and drainage easements which do not interfere with existing improvements;
(E) Exceptions to title which constitute encumbrances, restrictions, or easements which
have been disclosed to Buyer and accepted by Buyer in this Purchase Agreement;
(Must be specified in writing.) (None.)
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and
payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year
basis to the actual date of closing, unless otherwise provided in this Agreement.
BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING all
installments of special assessments certified for payment with the real estate taxes due and payable
in the year of closing.
BUYER SHALL ASSUME all other special assessments levied as of the date of this
agreement.
. BUYER SHALL ASSUME special assessments pending as of the date of this agreement
for improvements that have been ordered by the City Council or other governmental assessing
authorities. As of the date of this agreement, Seller represents that Seller has not received a Notice
of Hearing of a new public improvement project from any governmental assessing authority, the cost
of which project may be assessed against the property.
BUYER SHALL ASSUME any deferred real estate taxes or special assessments payment
of which is required as a result of the closing of this sale.
Buyer shall pay real estate taxes due and payable in the year following closing and
thereafter and any unpaid special assessments payable therewith and thereafter, the payment of
which is not otherwise provided herein. Seller warrants that taxes are due and payable in the year
1999 will be non-homestead classification. Seller makes no representation concerning the amount
of future real estate taxes or of future special assessments.
8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged
prior to closing, this Agreement shall terminate and the earnest money shall be refunded to Buyer.
If the real property is damaged materially but less than substantially prior to closing, Buyer may
rescind this Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer
of such damage, during which 21-day period Buyer may inspect the real property, and in the event
of such rescission, the earnest money shall be refunded to Buyer.
9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN
. WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the
3
.
-
property. Seller warrants that there is a right of access to the real property from a public right of
- way. Seller warrants that there has been no labor or material furnished to the property for which
payment has not been made. Seller warrants that there are no present violations of any restrictions
relating to the use or improvement of the property. These warranties shall survive the delivery of
the deed or contract for deed.
10. CONDITION OF PROPERTY. Seller warrants that all appliances, fixtures, heating
equipment, wiring, and plumbing used and located on the property are in working order on the date
of closing. Seller HAS NOT had a wet basement or water in the basement. Seller discloses that
the roof HAS NOT leaked. Seller warrants that the property is not connected to city sewer or city
water. Seller shall remove all debris and all personal property not included in this sale from the
property before possession date. Seller has not received any notice from any governmental
authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the
property.
Seller's warranties and representations contained in this paragraph 10 shall survive the
delivery of the Deed or Contract for Deed, provided that any notice of a defect or claim of breach
of warranty must be in writing and given by Buyer to Seller within one year of the date of closing
or be deemed waived.
Buyer shall have the right to have inspections of the property conducted prior to closing.
Unless required by local ordinance or lending regulations, Seller does not plan to have the property
inspected. Other than the representations made in this paragraph 10, the property is being sold "AS
. IS" with no express or implied representations or warranties by Seller as to physical conditions,
quality of construction, workmanship, or fitness for any particular purpose.
11. DISCLOSURE OF NOTICES. Seller has not received any notice from any
governmental authority as to violation of any law, ordinance or regulation. If the property is subject
to restrictive covenants, Seller has not received any notice from any person as to a breach of the
covenants.
12. POSSESSION. Seller shall deliver possession of the property not later than the date
of closing. All interest, fuel oil, liquid petroleum gas, and all charges for electricity, and natural gas
shall be prorated between the parties as of the date of closing.
13. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this
Agreement Seller, shall furnish Buyer with an Abstract of Title or a Registered Property Abstract
certified to date including proper searches covering bankruptcies and State and Federal judgments,
liens, and levied and pending special assessments. Buyer shall have ten (10) business days after
receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney
examine the title and provide Seller with written objections or, at Buyer's own expense, to make an
application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten
(10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy
of the Commitment and written objections. Buyer shall be deemed to have waived any title
objections not made within the applicable ten (10) day period for above, except that this shall not
operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty
Deed is not specified above.
.
4
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14. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt
- of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances for liquidated amounts which can be released
by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by
Seller shall be reasonably, diligent, and prompt. Pending correction of title, all payments required
herein and the closing shall be postponed.
A. If notice is given and Seller makes title marketable, then upon presentation to Buyer
and proposed lender of documentation establishing that title has been made
marketable, and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled closing date, whichever is later.
B. If notice is given and Seller proceeds in göod faith to make title marketable but the
120 day period expires without title being made marketable, Buyer may declare this
Agreement null and void by notice to Seller, neither party shall be liable for
damages hereunder to the other, and earnest money shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable, or if notice is
given but the 120 day period expiries without title being made marketable due to
Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any
one or more of the following:
. 1. Proceed to closing without waiver of merger in the deed of the objections to
title and without waiver of any remedies, and may:
(a) Seek damages, costs, and reasonable attorney's fees from Seller as
permitted by law (damages under this subparagraph (a) shall be
limited to the cost of curing objections to title, and consequential
damages are excluded); or,
(b) Undertake proceedings to correct the objections to title;
2. Rescission of this Purchase Agreement by notice as provided herein, in
which case the Purch,ase Agreement shall be null and void and all earnest
money paid hereunder shall be refunded to Buyer;
3. Damages from Seller including costs and reasonable attorney's fees, as
permitted by law;
4. Specific performance within six months after such right of action arises.
D. If title is marketable, or is made marketable as provided herein, and Buyer defaults
in any of the agreements herein, Seller may elect either of the following options, as
permitted by law:
.
5
1. Cancel this contract as provided by statute and retain all payments made
hereunder as liquidated damages. The parties acknowledge their intention
that any note given pursuant to this contract is a down payment note, and
may be presented for payment notwithstanding cancellation;
2. Seek specific performance within six months after such right of action arises,
including costs and reasonable attorney's fees, as permitted by law.
E. If title is marketable, or is made marketable as provided herein, and Seller defaults
in any of the agreements herein, Buyer may, as permitted by law:
1. Seek damages from Seller including costs and reasonable attorney's fees;
2. Seek specific performance within six months after such right of action arises.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
15. NOTICES. All notices required herein shall be in writing and delivered personally
or mailed to the address as shown at Paragraph 1., above and if mailed, are effective as of the date
of mailing.
16. ADDITIONAL TERMS. The Seller will be responsible for the following costs
associated with this transaction:
-
A. Abstracting fees.
-
B. Deed registration tax.
C. One-half of closing costs not to exceed $100.00.
D. Preparation of warranty deed, septic certification and well-disclosure and certificate
of real estate value.
E. Cost of preparing and recording any documents necessary to correct any title defects
and place marketable title in the name of the Seller.
The Buyer shall be responsible for the following costs:
A. Cost of recording the warranty deed, and other documents required to transfer title
from the Seller to the Buyer.
B. Costs associated with the title opinion or title insurance.
C. The remainder of the closing costs not paid by the Seller.
D. The cost of preparing the Purchase Agreement.
.
6
.
THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A
LAWYER.
Minnesota law permits licensed real estate brokers and sales agents to prepare purchase
agreements. No recommendation or representation is made by either the listing broker or
selling broker as to the legal sufficiency, the legal effect, or the tax consequences of this
contract. These are questions for your lawyer.
I agree to sell the property for the price and I agree to purchase the property for the price
terms and conditions set forth above. and terms and conditions set forth above.
Seller (Date) Buyer (Date)
Seller Bttyer (Date)
(Date)
Closing shall be at the office of:
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302
-
- n:\ city\stjoe\a1061598.251
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-----...-------.. -...-. ..--
ST. JOSEPH PARK BOARD
. St. Joseph, Millnesota 56374
Minutes ,of meeting held June.Q,..1998
Meeting called to order by Joe Braun at 7:00 p,m. in the City Hall.
Members present: Chuck Muske,John Walz,Joe Braun, Cory Ehlert, Marge Lesnick
Lonnie Abbot. Guests: Bob Loso, Mike Swarski.
Mernhers Absent.. IohnBo.nac.ci..
Joe's Comments: Joe set up a Public Meeting from 7: 15-7:45 on June 23.
Lonnie took over the meeting because this meeting. was for Northland Park only,
Discussed Parking Lot and buffer zones, We need a hard surface from the parking
lot to the playground area.
Phase I: Parking Lot, Trees and Sandbox.
. Parking lot size: 50 x 100 wide
Sandbox: 80 x 80
Motion by Marge that the Park Board pay $120 towards sod at the soccer field plus
reimburse Bob $53.25 for stripping paint and will pay for stripping paint for the
rest of the year up to $150. Seconded by Joe, .motion passed.
Meeting adjourned at 8:30 p.m. (went to Northland Park to look around)
.
. CITY OF ST. JOSEPH
.1 First Avenue NW
',0. Box 668,
I. Joseph, MN 56374
320) 363-7201
'ax: 363-0342
þr_
1IibJ M
~-~
"""'
!lAYOR
:Cenneth J. Hiemenz
:::LERK!
WMINISTRATOR
~achel Stapleton
MEMO/FAX
:::OUNCILORS
30b Loso DATE: June 22, 1998
:::ory Ehlert
:Cen Twit TO: Honorable Mayor and Members of the Council
Wiedenfuer FROM: Rachel StaPleif.
RE: MCFOA dues
The Council has requested infonnation on associations when a request for payment of
dues is submitted. As Judy and I are submitting a request for MCFOA membership dues,
the information on the back of this memo describes some of the benefits and activities.
Tlùs association is also associated with the League of :Minnesota Cities. Judy is
requesting to attend the First year of the Municipal Clerk's Institute which is sponsored
by MCFOA.
.
May 4, 1998
Dear City Clerk/Finance Officer:
Enclosed is an invoice/application for membership in the Minnesota Municipà ·
Clerks and Finance Officers Association for the period of July 1, 1998 thrOlQh
June 30, 1998.
If you are a current member of the Minnesota Clerks and Finance Officers
Association (MCFOA), please complete the attached application and retum it
to me along with your membership fee.
BOARD MEMBERS If you are not a member of the MCFOA, we invite and urge you to become a
Verena Weber, CMC, President member at this time. A few of the membership benefits and some of the
City of Cold Spring activities sponsored by the MCFOA are:
Clerk/Coordinator
Susan Olesen, CMC, Vice President * MUNICIPAL CLERKS INSTITUTE: A three-year program designed to
City of Bumsville educate city clerks and finance officers in a variety of areas, The institute
City Clerk sessions are week-long and provide 100 hours of instruction over the three-
Beverly R. C. Wilson, CMC, Secretary year period. The institute is held in S1. Paul under the sponsorship of the
City of Breckenridge MCFOA and the University of Minnesota. Scholarships are available to help
Deputy ClerkfTreasurer defer the expenses of the participants.
Theresa Goble, CMC, Treasurer
City of Brainerd * ANNUAL CONFERENCE: The highlight of the year for our members is the
Finance Director annual conference, which is held in March. The purpose of this three-day
Wayne Ruud, CMC, Region I V.P. conference is to educate and to provide opportunities to network with fellow
City of Karlstad clerks and finance officers.
Admin ./Clerk- Treasurer ·
Beva L. Olson, MCMC, Region II V.P, * MCFOA NEWSLETTER (MUNIFACTS): A quarterly newsletter which keeps
City of Baxter members informed of MCFOA activities around the State.
Deputy Clerk
Marlene Buker, MCMC, Region III V.P. * CERTIFICATION PROGRAM: The MCFOA and the Intemationallnstitute
City of North Mankato of Municipal Clerks (IIMC) offer certification programs based on work and
City Clerk educational experience.
Ry-Chel Gaustad, CMC, Region IV V.P.
City of Centerville * INFORMATION SOURCE: Seminars, workshops and classes are offered
City Clerk on a variety of subjects. Regional meetings are held throughout the year on
Mar~ H. K~rnowski, CMC, Director at Larg~ variety of subjects and, of course fellow members are the most valuable
City of Lindstrom '
City Administrator resource.
Lau~el Haa.ke, MCMC, Director at Large * FRIENDSHIP: Similarity of duties ard interest create quick and long-lasting
City of Fisher ..
City Clerk fnendshlps.
* MENTORING PROGRAM: A program whereby veteran clerks and finance
officers are made available to share their valuable experience with others.
Please feel free to contact me, or any of the board members listed, if you
would like more information about our Association. We look forward to
meeting you.
~~ ·
Theresa A. Goble, CMC
Treasurer, MCFOA
~
·
·
·
ê2 Jun 1998 Bills Payabl e Page 1 ,
Mon 4:33 ~ City of St. Jose¡X1
June 25, 1998
Oleck Transaction Depart .
HUlber Han Alount Conents Dest:riDtion Fund
,
2S562 A I R (;(JI! (f ST. a.t1JD 681.98 repair shorted out radio Conunication Service 181
25563 ræ\A TECl-f I crt.. CIl.l..E6E .80 ropes and knots training Fire Training 105
25564 AT &T 189 long distance Maint Slop 181
25564 AT & T 189 long distance Sewage Treatmt Plant 6æ
25564 AT & T 10.21 long distance Salaries & I«Ilinstrative 181
25564 AT & T 14.87 long distance Collunication Service 181
2S5&4 AT & T 33.30 long di stance Salaries & Adlinstrative 181
25564 AT & T 0.06 long distance Collunication Service 181
~ AT & T WIæ..ESS SERVICES 6ê. 87 pager, Lindgren Collunication Service 181
25S66 BRCCK IIUTE ~ 27.37 Klinefelter shelter Lions Club hproments 181
25566 BROCK IIU TE CI)p¡'ffl 23.61 Klinefelter shelter Lions Club Ilprovelents 181
25567 CASH WISE FOOD 17.91 cooking club, SUi rec Participant Recreation 181
25567 CASH WISE FOOD 44.13 cooking club, SUI Nt: Participant Recreation 181
25S68 ŒLLllAR 2000 38.96 cellular ¡X1one, Dick Street Maintanenct 181
25569 ŒNT~ QIIIt 42.18 randol drug mpling IiJlinistration and general 682
25570 CITY (f ST. CLOOIJ 7,B58.ê2 sewer rental charges Sellage Tmhent Plant ó82
25571 aIDÐE I=tUS 5,031.19 concrete ftgs, bleachers Recreation Association 181
25572 CRAI6 BARDS('tI EXCAVATING 411.30 dnolish & dipose bleachr Recreation Association 181
25573 EAIl F. ~ & ASSOC ~ 483.91 street paint Street Maintanence 181
25574 ÐlERT, ~IS 25.35 klinefelter shelter Lions Club hproments 181
25575 FI RST STATE BIH{ 27.05 collection fee Adlinistration and General 681
25575 FIRST STATE BfH{ 27.05 collection fee Adlinistration and general 602
25575 FIRST STATE 8tH{ 27.05 collection fee Waste Collection 6Ø3
25576 6 & K SERVICES 43.95 towels, floor runner Fire Fighting 105 .
25577 6œf£R STATE CŒ-au 54.25 notification fee Adlinistration and General 681
25577 ~ STATE !H:-CIU 54.25 notification fee Adlini strati on and general 682
25578 6~ITE ELECTRrnICS 49.37 holder/fuse, new squad MOloti ve Services 181
25579 ij\RDRIVES 102,212.32 pay application 2 Street Maintanenct 419
25588 Iftij{ INS WATER TREAnENT 6R(Ij) 28.æ Mater tests Purification 681
25580 ~IHS WATER TREAŒHT 6RCI.P 8UII! Mater tests S~e Tmhent Plant 682
25580 ~INS WATER TREATJIENT 6RCW 12.00 Mater tests Adlinistration and General 681
25580 ~IHS WATER TREAnEHT 6m 188.00 sewer tests Sewage Treatlent Plant 682
2558Ø f4M{ INS WATER TREATIÐIT ßRW) 108.00 s~er tests Sewage Treatmt Plant 602
2S580 ~INS WATER TREAMNT 6RCI.P 12.00 Mater tests Puri fication 681
25581 fÐffiY & ASSOC I ATES 1,492.70 24 leters, 2 Torx Þi!'enche Distribution &01
25582 JCtflSOO, TA*Y 70.80 refund SUI rec (2) 181
2S583 UOO 30.80 dues, 1998 fœounting 181
2S583 ~OA 30.00 dues, 1998 Salaries & IiJlinstrati ve 181
2S584 IIIJRTI£RH STATES w.a 1,521. 80 street lighting Street Lighting 181
2S585 CfFIΠ!"fIX 57.20 sUler rec, arts & crafts Participant Recreation 181
25586 ORCUTT, BRI~ 361.91 state fire convention Fire Training 105
25587 ~ILATÐ.IC RlFlWEHT S. CNTR 539.4Ø shlped envelopes Salaries & !ì!linstrat i ve 181
25S88 Wl'SIO COORŒ.S 158.65 defib, laintenance Fire Fighting 105
25589 POSOOSìER 226.00 postage Grin Control & InmtiQ<1tion 101
255~ RAJK[M3KI ~IER LTD 2,181.93 legal fees, police Grile Control & Investigation 181
25590 RAJK(), S { I IR19E I ER LTD 168.00 legal fees, industrial pi< Industrial Dmlopnnt 181
255ge RAJKM< I ImS!£IER L TD 1,034.4Ø leQ<11 fees, general City Attorney 181
25590 RAJKM< I fRGIEIER L TD 112.00 legal fees, Fire cOlplain Fire Adlinistration 105
25591 S & T CfFIΠPROttI:TS 171.57 18 - 31 binders Salaries & li:!linstrat i ve 181 .
25591 S & T CfFlCE PROOXTS 57.19 6 - 31 binders Salaries & li:!linstrative 181
22 Jun 1998 Bills Payable Page ê
Mon 4:33 PM City of St. Joseph
June ê5, 1998
· Cleek Transaction Depart
Nutber NaIe AIount Comnts Description Fund
ê559ê SDt£IDER, IXNlD 17.56 lower belt Ball Park and Skating Rink 101
ê5593 SCHRŒDER SPORTS 87.86 softball equiplent Participant Recreation 101
ê5593 SCHRŒDER sroRTS l,66ê.50 tshirts, sumr rec Participant Recreation 101
ê5593 SCHRŒDER SPORTS 47.93 scrillage vests, SUi rec Participant Recreation 101
ê5593 SCHRŒDER SPORTS 317.54 breakaway rils, parks Park Areas 101
ê5593 SCHRŒIIER SPORTS 322.96 softball equiplent Participant Recreation 101
ê5594 SEH 350.93 CR 133, engineering Industrial Developlent 101
ê5594 srn 4~50 lapping, engineering Engineering Fee 101
ê5594SEH 6,003.70 engineering, 98 street Street Maintanence 419
ê5594 SEH êl1.96 Joseph Street Feas Industrial Developtent 101
ê5594SEH 588.76 Bee line, sewer extension Engineering Fee 101
ê5595 SETIt~ !FB. CO, IHe 56. 60 push bulpers, neH squad AutolotiveServices 101
ê5596 ST. CI..!J.JD FIRE EOOIPIÐT 39.50 recouple fire hoses Fire Fighting 105
ê5597 ST. JOSEPH MILLINB 1,~80 grass seed, fertilizer Park Areas 101
ê5598 ST. JOSEPH tÐISlEAŒR 57.08 sumr rec, advertising Participant Recreation 101
ê5598 ST. JOSEPH tÐISlEADER ê8.50 pub, dog licences Anilal Control 101
ê5598 ST. JOSEPH t£WSI.EADER 38.00 publication, cleanup Waste Collection 603
ê5598 ST. JOSEPH tÐISlEADER 19.00 publication, Hater flushi Distribution 601
ê5598 ST. JOSEPH t£IISI..EADER ê4.00 Newsleader subscription Econolic Developlent Authority 101
ê5599 TIDISOO GREEtmJSE 119.81 flowers, lonUlent park Park Areas 101
ê5600 TIREMXX SERVICE CENTERS ~.Æ.17 94 Ford, brakes Autolotive Services 101
~.Æ01 TRUSTEE INDUSTRIIl mID 5,109.35 ledical insurance 101
· 25601 TRUS1EE INDUSTRIIl mID ê37.ê4 ledical insill'ance Crile Control & Investigation 101
. 25601 TRUS1EE INDUSTRIIl FUND 177.20 ledical insurance Accounting 101
ê560ê TWIN CITIES BUSIt£SS ÞDmlY 19.95 subscription rates Econolic De.veloplent Authority 101
25603 ~IVERSITY !F MItf£SOTA ~00 Clerk's institute Accounting 101
25604 US \EST ~ICATIONS 17.30 telephone SeHer Lift Station 6æ
25604 US WEST C{]IIWICATIONS m.76 telephone COllunication Service 101
ê5605 VAN WATER & RœERS 479.25 calciul chloride Street Maintanence 101
25606 WINTER, JIIARI{ ê4ê. 77 state convention Fire Training 105
25607 WIRZ, DIFER 55.00 books, self defense cours COllunty Support 220
Grand Total 147,096.16
i
A ddtil{¡\.1cJ f.3 I tl ~
~
9, '0;6-< t-e{'; , Bet >f- 9&,). '+9
,
~u.pe¡ ~-eI\~CI.... 1'$)- c.:, <0
·
22 Jun 1998 Counci I Re¡rort Page 1
Man 4:38 PÞ! City of St. Joseph
May 15, 1998 through June II, 1998
This This Current Year To Year To .
Leaye Pay Period Period Period Beginning Date Date Current
Description Per I«:cr u erl Taken Taken Balance I«:cruerl Taken Balance Count
Elployee NaIe Bechtold, Raymd
Vae 5 11 7.69 16.00 1U1II1I1I IIIlIIml mlllllll IUllllm 1111111111 1
Vae 5 12 7.69 0.00 IUIIIIUI JIIIIIIJII IUmllll III II III II II III II II I 1
Sick Leaye 1111111111 III JIll III 0.00 720.00 0.00 0.00 720. 00 1
Vae 5 1111111111 1111111111 0.00 232.00 '32.28 80.00 24-4.28 1
Holiday Bal {I II II II II 1111111111 0.00 0.00 0.00 0.00 0.08 1
COlp Tile 1111111111 1111111111 0.00 0.00 8.00 8.e0 0.08 1
- - - - - - - -
15.38 16.00 0.00 'f..2. 00 92.28 80.00 964.28 6
Total s Elployee NaIe Bechtold, Raymd
Elployee Nau Bill, Joel
Siek Leaye 11 4.00 0.00 11U1I1I1I IImlIIII IIJIUIIJI IImlIlII 1111111111 1
Holiday Bal 11 0.00 75.00 III II II III IIIIUIIII III III III I mllIIIn III II III II 1
Sick Leaye 12 4.00 0.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
COlp Ti Ie 12 0.00 2.00 IlIIIUIII JImlIIII IIImllll II III II III 1111111111 1
Sick Leaye 11111 JIll I 1111111111 0.00 32.00 48.00 0.00 80.00 1
Vae 1 Poliee 1111111111 IIIIIIIJII 0.08 0.00 0.00 0.00 8.00 ,
1
Hal iday Bal 1IIIII1I11 11I1111111 0.00 15.00 60.00 75.00 0.00 1
COlp Tile I1I111111I 11IIIIIIII 0.00 0.00 25.50 2.50 23.00 ,
.
- - - - - - - -
8.00 77.00 0.00 47.00 133.50 77.5lð 103.00 8 .
Totals Esployee l!ale Bill, Joel
Elployee Nm Carlson, Chad
Sick Leaye 11 4.00 0.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
Vac 1 Week 11 1.:<3 0.00 1111111111 HHHHH IIIIIIIIH llJI11I1I1 HHHHH 1
COlp Tile 11 0.00 10.00 1111111111 11I1I1Ill! IIIIIJIIII 1111111111 1111111111 ,
.
Sick Leaye 12 4.00 4.00 IHlIllI1I lllIlIJIII 1111111111 1111111111 IIIIIJIJII 1
Vac 2 Week 12 3.07 0.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
COlp Tile 12 0.00 8.00 HIIIIIIII 1111111111 IIIIIIIIIJ 1111111111 1111111111 I
Vac 2 Week 1111111111 1111111111 0.00 0.00 43.07 0.00 43.07 1
Sick Leaye 1111111111 1111111111 0.00 48.00 52.00 50.00 50.00 1
COlp Tile 1111111111 1111111111 0.00 54.50 54.00 65.00 43.50 1
Holiday P-al HHHHH 1111111111 0.00 0.00 8.00 0.00 8.00 1
- - - - - - - -
12.60 22.00 0.00 102.50 157.07 115.00 144.57 10
Totals Elployee Nale Carlson, Chad
EJployee Nale Dahl, Jason
Sick Leaye 11 4.00 0.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
Holiday Bal 11 0.00 30.00 1111111111 1111111111 IIIIJIIIII 1111111111 1111111111 1
COlp Ti Ie 11 0.00 1.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
Sick Leaye 12 4.00 0.ß8 IJIJIIIIII 1111111111 1111111111 IJIIIIIIII 1111111111 1
COlp Tile 12 0.00 10.00 1111111111 1111111111 1lIIIIIIH 1111111111 1111111111 1 .
22 Jun 19'38 Council Report Page 2
ÞIon 4:38 PM City of St. Joseph
May 15, 19'38 through June 11, 1998
. This This Current Year To Year To
Leave Pay Period Period Period Beginning Date Date Current
Description Per Ik:crued Taken Taken Balance Ik:crued Taken Balance Count
Elployee Nale Dahl, Jason
Sick Leave 1111111111 1111111111 0.00 0.00 36.00 0.00 36.00 1
Vac 1 Police 1111111111 1111111111 0.00 0.00 0.00 0.00 0.00 1
Holiday Bal I111111111 11I1111111 0.00 0.00 40.00 30.00 10. 00 1
COtp Tile 1111111111 1111I11111 0.00 0.00 23.50 11.00 12. 50 1
- - - - - - - -
8.00 41.00 0.00 0.00 99.50 41.00 58.50 9
Totals Elployee Nate Dahl, Jason
Elployee Nate Generous, Mary
Sick Leave 11 4.00 0.00 1111111111 111I111111 1111111111 1111I11111 1111111111 1
Vac 3 Week 11 4.61 0.00 1111111111 11111111I1 I111111111 1111111111 11111I11I1 1
COlp Tile 11 0.00 8.00 1111111111 I111111111 1111111111 1111111111 1111I111I1 1
Sick Leave 12 4.00 0.00 1I11111111 1111111I1I I111II111I II11111111 11111I1111 1
Vac 3 Week 12 4.61 0.00 I111I11111 1I1I11IIII 11II1II111 flllllllll 111111III1 1
Holiday Bal 12 0.00 1.75 II1I111I1I 11111I1111 I11111111I 1111111111 1111I1I111 1
Sick Leave 1111II1111 111I111111 0.00 205.00 48.00 11.50 241. 50 1
Vac 3 Week 1111111111 11111IIII1 0.00 160.00 55.32 0.25 215. 07 1
COlp Tiie 1111111III 1I11I11111 0.00 70.25 13.50 14.50 69.25 1
WY Bal flllllllll 1111I11I11 0.00 8.00 4.00 11.25 0.75 1
- - - - - - - -
17.22 9.75 0.00 443.25 120. 82 37.50 5c."6.57 10
Totals Elployee Nale Generous, Mary
Eiployee Nale Gustin, Virginia
Sick Leave 11 4.00 0.00 HHHHH 1111111111 1111111111 1111111111 1111111111 1
Holiday Bal 11 0.00 65.00 1I11111111 1111111111 1111111111 I111111111 1I11111I11 1
CORp Ti Ie 11 0.00 10.00 11I1I1111I 11111111I1 1II1111111 11II111111 111I1111I1 1
Sick Leave ,., 4.00 0.00 1111111111 I111111111 1111111111 1111111I1I 1111I11111 1
11._
COlp Tile 12 0.00 5.00 II1I11I111 11I1111111 1I11111111 11I1I1111I 1111111III 1
Sick Leave HHHHH HHHHH 0.00 439.50 48.00 0.00 487.50 1
t,lac 3 Police 1111111111 HHHHH 0.00 120. 00 0.00 0.00 120.00 1
Ha liday Bal 1I11111111 1111111111 0.00 5.00 60.00 65.00 8.00 1
COlp Tile 1111111I11 filII III II 0.00 54.00 0.00 36.00 18.00 1
- - - -- - - - -
8.00 80.00 0.00 618.50 108.00 101. 00 625.50 9
Totals Elployee »ale Gustin, Virginia
Elployee Nale Lindgren, Brad
Sick Leave 11 4.00 0.00 I11I111111 11I1III111 111I111111 1II111II11 I11I11I111 1
Holiday Bal 11 0.00 66.00 HHHHH 1111111111 1111111111 1111111111 1111111111 1
Sick Leave 12 4.00 0.00 111II11111 1I11111111 1111II1111 I111111I11 111III1111 1
COlp Ti Ie 12 0.00 10.00 1I1111111I II1111I111 11111I1111 1111II1111 111111111I 1
.Leave IIIIIIIIII 1111111111 0.00 333.70 48.00 40.00 341.70 1
Po lice I111111111 1111111111 0.00 120.00 0.00 0.00 120.00 1
22 Jun 1998 Council Report Page 3
Mon 4:38 ~ City of St. Joseph
Kay 15, 1998 through June 11, 1998
This This Current Year To Year To .
Leave Pay Period Period Period Beginning Date Date Current
Description Per !«rued Taken Taken Balance Accrued Taken Ba 1 aJ\Cf Count
Elployee NaIe Lindgren, Brad
Holiday Bal HIIIIIIII 1111111111 0.00 16.00 50.00 66.00 0.00 1
COlp Tile 111111111 I 11111 11111 0.00 82.75 46.25 65.00 64.00 1
- - - - - - - -
8.00 76.00 0.00 55ê.45 144.25 171. 00 52S. 78 8
Totals Elployee Nale Lindgren, Brad
EJployee Nate Marthaler, Jil
Vac 4 wk +2 11 6.76 0.00 II III 11111 III 1111111 III 1111111 HHHHH II 11111 III 1
Holiday Bal 11 0.00 2. 00 III 1111111 111111 III I 1111111111 1111111111 1111111111 1
Vac 4 wk +2 12 6.76 0. 00 111111 1111 1111111111 1111111111 1111111111 111111 1111 1
Sick Leave 1111111111 1111111111 0.00 720.00 0.00 0.00 720.08 1
Vac 4 wk +2 1111111111 1111111111 0.00 210.00 81.12 28.00 263.12 1
Holiday Sal 1111111111 1111111111 0.00 0.0\! 4.00 2.00 2.00 1
COlp Tile 1111111111 1111111111 0.00 37.00 10.00 5.00 42.00 1
- - - - - - - -
13.52 2.00 0.00 %7.00 95.12 35.00 1,027.12 7
Totals Elployee Nate ~thalet'! Jil
Elployee Nale Meyer, Brad .
Sick Leave 11 4.00 0.00 1111111111 1111111111 I III II III I HHHHH HHHHH 1
Holiday Bal 11 0.00 65.00 1111111111 1111111111 1111111111 III 1111111 1111111111 1
Sick Leave 12 4.00 0.00 if III II II I III III III I I III 111111 1111 III III 1111111111 1
COlp Tile 12 0.00 6.00 1111111111 1111111 III 1111111111 U 111111 II 111111 I III 1
Vac 3 Police 12 0.00 15. 00 1111111111 1111111111 1111111111 III III III I III 1111111 1
Sick Leave 1111111111 1111111111 0.00 391.00 48.00 0.00 439. 00 1
Vac 3 Police fHHtHH HHHHH 0.00 160.00 0.00 55.00 185. 00 1
Holiday Sal 1111111111 1111111111 0.00 15.00 50.00 65.00 0.00 1
COlp Ti Ie I1I1I1I1II 1111II1111 2.00 32.50 12.50 37.00 8.00 1
-- - - - - - - -
8.00 86.00 5.00 598.50 110.50 157. 00 552.00 9
Totals Elployee tIDe Meyer, Brad
Elployee Nale Stapleton, Rachel
'iac 4 Week 11 6.15 0.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
'iac 4 Week 12 6.15 20. 00 1111111111 11111111 It 1111111111 1111111111 II 11111111 1
~oliday Sal 12 0.00 4.00 1111111111 1111111111 1111111111 1111111111 1111111111 1
Sick Leave 11111111I1 1111I11111 0.00 122. 00 11.00 11.00 72'3. 00 1
Vac 4 Week 1111111111 1111111111 0.00 200.00 73.80 48.00 225.80 1
:Olp Tile HHfHfH 1111111111 0.00 80.00 7. :11 17.25 78. 25 1
Holiday Sal HHHHH 1111111111 0.00 0.00 8.00 8.00 2.00 1
- - - - - - - -
12.30 24.00 0.00 1,000.00 100.32 84. 25 1,016.85 7
Totals Eiployee Hale Stapleton, Rachel .
Elployee tlm Sworski, ~ike
Sick Leave 11 4.00 0. 00 1111111111 1111111111 H 11111111 !If III 1111 II 11111111 1
22 Jun 1998 Council Report Page 4
Mon 4:38 PI4 City of St. Joseph
l4ay 15, 1998 through June 11, 1998
. This This Current Year To Year To
Leave Pay Period Period Period Beginning Date Date Current
Description Per Accrued Taken Taken Balance Accrued Taken Balance Count
Elployee Nale Sworski, Mike
Vac 3 Week 11 4.61 0.00 HHHHH 1111111111 1111111111 1111111111 1111111111 1
Sick Leave 12 4.00 0.00 HHHHH 1111111111 1111111111 IIUIIIIII 1111111111 1
Vac 3 Week 12 4.61 0.00 1111111I11 1111111111 I111111111 111I11I111 II11I11111 1
Sick Leave 1I11II1111 111111II11 0.00 504.00 48.00 0.00 552.00 1
Vac 3 Week 1111111111 11111II1I1 0.00 120. 00 55.32 48.00 127.32 1
COlp TÎle 1I11III11I 1II1111I1I 0.00 7.00 22.50 9.50 20.00 1
Holiday Bal 1I11111111 11111II1II 0.00 0.00 0.00 0.00 0.00 1
- - - - - - - -
17.22 0.00 0.00 631.00 125.82 57.50 699.32 8
Totals Ellployee NaIe Sworski, Mike
Elployee Nate Taufen, Dick
Vac 5 11 7.69 24.00 HHHHH nllnuu 1111111111 HHHHH 1111111111 1
COlp Tile 11 0.00 7.00 IIIIIII1I1 1111111111 11111111I1 111IIIII1I I1I1111I11 1
Vac 5 12 7.69 0.00 111111I111 1111111III I1I1II1II1 I111111I11 11I1111111 1
COlp Tile 12 0.00 2.00 11II11I111 11I11I1111 1111111111 11111I1111 111I1I1III 1
Vac 5 1111111111 1111111111 0.00 261.00 92.28 53.00 300.28 !
.
Sick Leave HfHHHf IIUIIIIII 0.00 720.00 0.00 0.00 720.00 1
Ho liday Bal HHUHH 1111111111 0.00 0.00 16.00 3.00 13.00 1
.ile 11I1II1111 1111111I11 0.00 79.00 46.00 31.00 94.00 1
- - - - - - - -
15.38 33.00 0.00 1,060.00 154.28 87.00 1,127.28 8
Totals Elployee Nase Taufen, Dick
Elployee Ißle Weyrens, Judy
Vac 4 Week 11 6.15 4.00 UUIIUII HHHHH 1111111111 1111111111 1111111111 1
Vac 4 Week 12 6.15 0.00 HHHHH 1111111111 nllllllll 1111111111 HHHHH 1
Sick Leave 1111111111 HHHHH 0.00 720.00 0.00 0.00 720. 00 1
Vac 4 Week HHHHH IIIIIIUII 0.00 200.00 73.80 4.00 269.80 1
COlp Ti Ie 1111111111 1111111111 0.00 80.00 3.00 0.50 82.50 1
Holiday Bal IIIII111I1 I11I111I11 0.00 0.00 4.00 2.00 2.00 1
-- - - - - - - -
12.30 4.00 0.00 1,000.00 80.80 6.50 1,074.30 6
Totals Esployee Hale Weyrens, Judy
Esployee Nale Young, Jeffrey
Sick LeaVE flllllllll 1111111I11 0.00 720.00 0.00 0.00 720.00 1
Vac 4+2 Pol 1111111111 1111111111 0.00 250. \!0 -30.00 40.00 180.00 1
Ho liday Bal 1111111111 1I1111I111 0.00 25.00 40.00 10.00 55.00 1
COlp Tile IImmll HfHfHH 0.00 90.00 34.50 30.00 94.50 1
- - - - - - - -
0.00 0.00 0.00 1,085.00 44.50 80.00 1,049.50 4
.tals Esplayee Hale Young, Jeffrey
- - - - - - - -
Grand Total 155.92 470.75 0.00 9,057.20 1,566.74 1,130.25 9,493.69 109
OVERTIME & COMP TIME .
Rav Bechtold Joel Bill
05-21-98 2.00 hrs weekend work. 06-08-98 2.00 hrs cover shift *
05-22-98 2.00 hrs weekend work
Jean Gustin
Jason Dahl 06-02-98 2.00 hrs Court
06-04-98 2,00 hrs Council Meeting
05-29-98 1.00 hrs Finish DUI 06-11-98 2,00 hrs Court
06-07-98 2.00 hrs cover shift * 05-31-98 8.00 hrs Safe & Sober
06-08-98 2.00 hrs cover shift *
Jim Marthaler
Brad LindQren
05-30-98 2,00 hrs weekend work
05-29-98 7.50 hrs Safe & Sober 05-31-98 2,00 hrs weekend work.
06-05-98 10,00 hrs Safe & Sober
Jeffrev Youna
Judy Wevrens
05-30-98 10.00 hrs Safe & Sober
06-01-98 2.50 hrs weekend work 06-07 -98 2.00 hrs cover shift ,.
. The cover shift coverage was to cover the absence of Officer Meyer due to the death of his grandmother
.
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