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Home My WebLink About1999 [09] Sep 10 {Book 17} " ., \ \ I . .. CITY OF ST. JOSEPH 21 First Avenue NW I P.O. Box 668, I St. Joseph, MN 56374 I St. Joseph City Council (320) 363-7201 i Special Meeting I Fax: 363-0342 I College of St. Benedict's fa Theresa Reception Center September 10,1999 2:00 P.M. MAYOR I Kenneth J. Hiemenz I I ! CLERK! 1. Call to Order AUMINISTRATOR Cari Schmidt 2. Approve Agenda 3. NQrthland Drive Bids- Joe Bettendorf COUNCILORS I I Bob Loso 4. C4rtification of Ballot Questions for November Election Cory Ehlert .it 5. Joint meeting of City Officials, The Colleges of St. Benedicts and St. N, "iedenfuer Johns - The purpose of this discussion is to take thefirst step in working toward common solutions to common concerns that affect the City of St. Jo~eph and the academic communities. i 6. Adjourn I . . . . . . · I · - I I . , CLERK! ADMINISTRATORMEMORANDt;M I I TO: MAYOR ÀND CITY OOUNCIL< 1, FROM: CARlScfooT - CLERK/ADMINIS1RATOR SUBJECT: MEMO F<PRMEETlNG OF 9/10/99 i DATE: 09/03/991 . \ \ I I. am very excited abdut the upcoming meeting, with the two. colleges. The Mayor, the Police Chief and I attended a prJliminary meeting on'W ednesday with representatives of both campuses, to discuss what the topib of discussion would be for thi~ joint meeting. The common theme running through the discussifn is that we have to enter tþis meeting with realistic expectations. It's impossible to guaranttte good student behavior. We caJT be proactive though to. nyand put a stop to the problems before t,hey start. The group agreed th~t the meeting, should be focused on working toward cornmon goals and fInding common solutions to the concerns we all share. The school officials stressed that t;hey are very anxious to do more,to help the situation. They asked the City to impose more stringen~.' penalties on the students. They also requested. that the Police Department submit incident report's to them so that they can put the students through their judicial processes as well. Joint efforts lilie these should aid in sending the message out early, that disruptive/illegal behavior will not be t~lerated. Everyone agreed that we,need to start now. We should be concerned · about every day, not jJst what might hapPen during graduation week. It should be < a very productive . \ meetmg. \ i I We also have a few general items to work through. J ge will be presenting the bids for Northland rive. The ballot que~tions will also be discussed. A memo from John Scherer from February has een enclosed in your packet regarding Optional Plan B. The Mayor is attending a meeting that will rovide more informacion regarding the ~ cent sales tax', question language. That informacion will be rovided to you as soori. as I have it. , ere is also an FYI le~er in your packet from a student'requesting a street dance. I i ve a great Labor Da}fweekend everyone! I .f ' I I. I \ I '. \ ~ \..... · . . . . \~'Y" v~-\ I I ! ,r\ · Rajkowski ...... . I Hapsr11E¡ier Ltd, ATTO NEYS AT LAW 11 Seventh Avenue r\Jorth P.O. Box 1433 February 8, 1999 St. Cloud, MN 56302 1433 ! I 320-251-1055 Toll Free 800-445-9617 The Honofable Kenneth Hiemenz Ms. Mary Niedenfuer Fax 320-251-5896 316. East· Minnesota St. P.O. Box 586 St. Joseph,1 MN 56374 St.Joseph, MN. 56374 I I I rajhan@cloudnet.cúm Mr. Kenn~th Twit Mr. Bob Loso P.O. Box 38 301 West Birch Street St. Joseph,\MN 56374 St. Joseph, MN56374 I Mr. Cory~hlert P.O. Box 686 i St. Joseph,¡MN 56374 I ì · RE: Fdrm of City Government O~r FileNo. 19655 i I Dear Mayot and Council: In a recent keeting, the Council asked me' to. prepare some information regarding the OptionalPlhn B form of government, how selection of that option would impact the frank LRa)kowski "' City, and thbprocedure for selection of Optional Plan B government. 1 have prepared this letter tq address these questions. Gordon H. Hansmeier , I Curreritly,St.J oseph is considered a fourth class city. City classification is based upon FrederICk L. Grunke POPulationjThì. ha. no bearìng 00 th"."¡ectionof OptìonalPlan R Hl0mas G. Jovanovich' St JO.eph .as al.O con.ìdered .a ".t¡¡tutory cìty." Thåt mean. that tbe operation of: John H. Scherer- the Cityi waJ governed by Minnesota statutes,found primarily in Chapter 212. The Paul A Rajkowski' alternative t6 a statutory city is a "home rule charter city. "A home rule charter city Kevin FC;rdV enacts its otn constitution which governs the operation of the city. A home rule charter city ~as broad discretion as to what is contained in its charter; but the charter Cashman may not con~radict existing statutes.which generally apply to cities. There are', durrently three plans '.,. for statutory cities; (1) theStandard,),Plan; ,(2) Beth S. Thompson Optional Plah A; and (3) Optional Plan B. Brid<Jct M. Lindquist I I , · H,msen , , Mark E. Arneson , Scott G. Hdmak., . \ Frank J. Rajko~,vskj and Richar I W. SobaJvarro are admittedtopr~'Krcein North Dakota,.· GordonH· f:1dnsmeier In North Dakota and Wisconsin. .PauiA. RajkoWSkiin Wi5consin and Wifliam J, (;Jshman In South Dakota. I "Member of American Soard of Trial Advocates.'Qualified ADR Neutral. ! ~ ". ..,.. '. Mayor and City Council . February 8, 1999 Page -2- The Standard Plan is considered a "weak mayor" plan in which the citizens elected a Mayor, a Clerk, Treasurer, and three council members. The Mayor, Clerk and three council members comprise the City Council. All have voting authority. The Mayor's authority is no greater than that of the council members, other than the authority to run the council meetings. The Standard Plan, is still used in a minority of cities. A number of years ago, St. Joseph operated under the Standard Plan. It now operates under Optional Plan A. Optional Plan A is the most common form of government for statutory cities. Optional Plan A still has a weak mayor in the sense that the Mayor does not have any greater power than council members, except to the extent that power is delegated by the Council. In an Optional Plan A city, the Clerk and Treasurer are appointed by the city council. The voters elect the Mayor and four council members. The Mayor and four council members having voting privileges; the Clerk does not. The other alternative is Optional Plan B. There are currently about 16 to 20 cities which have selected Optional Plan B. For a city to select Optional Plan B, it must have a population in excess of 1,000. In a Plan B city, the City Council sets policy and makes legislative decisions. The administration of city affairs is delegated to a City Manager. The City Manager remains accountable to the Council for efficient administration of the City. The City Manager is selected based on his or her qualifications. The City Manager need not be a resident of the city. . The City Manager may be removed at any time by the City Council. If the City Manager had held the position for more than one year, the manager may demand a written summary of charges supporting removal and request a public hearing. Even though there may be a public hearing demand, the City Council still has the authority to remove the City Manager. The City Council's decision is final. The City Manager would not have any recourse unless the City Council based its decision to remove the Manager' upon some improper classification, such as age, race, gender, etc. The City Manager would have the authority to hire and fire employees. The City Manager would appoint department heads, including the Clerk and Treasurer. The City Manager also has authority to appoint the City Attorney, but the appointment of the City Attorney must be confirmed by the City Council., This is a specific statutory exception. The City Manager would execute contracts on behalf of the city. The City Manager would serve as the Chief Purchasing Agent of the city with authority to enter contracts without Council approval in an amount up to $15,000, if the expenditure is authorized within the budget. The City Council has the authority to reduce the manager's purchasing authority to a sum less than $15,000 if it so chooses. The City Manager is responsible for enforcing ordinances and resolutions of the city. The City Manager ,prepares, an annual budget. to be submitted to the" CouncilJor,approvaL > The, City Manager, attends Council meetings. The City Manager may participate in Council discussions, but does not have the right to vote. ' The City Manager may make recommendations to the Council in regard to action. . ! I '·1 ! ,.... rt)! MlanÚity COu1lCil\ . Feb uary8, 1999 i Pag ·3- \ I u,,'{rOptionaIPlanB, any independent administrative bQards or commissi"llS are. abolished, CJfcept for ivil service. St. Joseph does not currently have a Civil Service Commission, and it would not be reqUt"d'O create a CivitService eommissionunder Optional Plan B. The City Council may co~tinue to have advisory boards, such as a Planning Commission, but boards Whicì haVe someadminiotrative au~hority. such. as a Park Board¡ wo~d . be dissolved or woul? be redu edJo an advisory ro~e to the City Council. . Administrative Boards.wruch exist jointly\Vith another gov~enta~ entity may ¡continue under Optional Plan B. 1 believe that the Joint Fire Board w?uld fall, ¡thm thIS category. i I Opti nalPlanB must beiapproved by the voters aLa general or special election., The issue may be place .on the ballot in onie, of twoways~ First, the Council may by resolution submit the question to the v ters'.'Alternatively, the residents may initiate the process by petition signed by 15 percent'ofthe number. of voters from th~ . last election. , If the question is approvJ,d by the voters, the City Clerk certifies the electionrciults to the . County Auditpr and Secretary of ~tate. Optional Plan B becomes operative upon the hire or appointment of a Ci1 Manager. ., . Unde ·..optional.Plan B, t~e City Council would not be involved in hiring and firing decisions, except the in the position of City Nanager. Evaluations, promotions, and personnel restructuring would fall Within the City Manager's job duties. \ I I Simila iy, questions regarding action against a resident for an ordinance violation,. enforcement of condit ons set on a conditio»al use permit,. enforcement of right-of-way restrictions, terms or conditions conta' I edin a developers ¡agreement or other contract, would all be duties delegated to the City Manager. . The City. Council could ask questions of the City Manager with re~ard to specific issues, state theirtniOuwithregard J1SPecifiC issues, a"d set general policy governing enforcement issues. The Cig Council would not ¡have to approve each and every expenditure of the city. The City Manager woulå lake purchases on contracts of less than $15,000 so long as funås existed within the budget for the purEhase. The City CoJncil could, by resolution, reduce the management expending authority, but could not. give the Manager! authority Jor purchases greater .than $15,000. The seLion of anoption~Plan Bwould nec"~sitatea review oflhe Codeof6rdinances to assure that prdcedure set forth intpe ordinances are consistent with a Plan B form of government. In many cases, a thority granted.to the Council or City Clerk under the current ordinances would be shifted ,to the Ci Manager.. This shduld, not be, a major project,. but would involve some time and expense of review' g the Ordinance Code. CIearly, Optional Plan BallLs fOr greateI' efficiency in the operation oflhe. city g?vernment. It aJs? . removes much of the adminisl~rativeburden from city operations from the, Council and Mayor. The City Manage would assure contpuity in city government as a new Mayor and/or council members are elected. The presence of a pty Manager would insulate some employees from removal because of i I ~ .~~~¡ ~ : Mayor and City Council February 8, 1999 . Page -4- personal conflicts with council members. Employees and department heads would also recognize that there is a clear line of authority through the City Manager rather than having to be concerned about contradictory instructions from different council members. On the other hand, under Optional Plan B, the City Council and Mayor are delegating much of their day-to-day authority over the operations of the city. There may be a public perception that the elected officials are too removed from city government and would. be unable to effectively,manage the affairs of the city. Finally, the City should' anticipate paying a higher salary to the City Manager than a Clerk/Administrator because of the added responsibility and qualifications. The use of the City Manager may eliminate the need for the position of Deputy Clerk since the Manager would assume much of the responsibilities of the Clerk/Administrator, but some increase in payroll should be anticipated. Please let me know if the Council has any additional questions regarding these issues. Thank you. Very truly yours, RAJKOWSKI HANSMEIER LID. . JHS:c1b cc: Judy Weyrens \:\gen \1965S\ar020899.011 . i ....' ,. \ 1Ir- . , I ! t::.---- , , To I . om It May Concet;n: I Hi, my name is Molly Goers and I am sophomore at the College of St. Benedict. I am Iso a member of Hedlth Advocates (RA's). Health Advocates is a group of St. Ben's stud nts who are chosen ihrOUgh a selection process in the spring.andfall. These stu<ltSgO through fall tmng and attendiweekly meetin~ throughouj the academic year~ The Health Ad"""'!te program is a peer-based outreach program .ponsoredby the CSB Health Education Office, supervised by Sigrid Hedman-Dennis. Thegroup's purp se is· to promote Stuhent wellness tbroughiritegrated living, healthy choices, and self-rponsibility, Certain topics are ~phasizedby the HA's in order to advise and present detailed Woration to students. ~eof those topics Includes ~coholisrD and alcohol awareness To prmotethistopìc the ~'s, along with other groups from St. Ben's/St. John's (Joint Events Council, CSB andlSJU Counseling, and the Health at Work Committee).' These grout combioe in ~ jOint\effort to plan a Week full of activities focused. aroU11d alcohol . safe! d free lifestyles. Ife result of the combined effort is named LoUaNoBooza. Tbis annu I event is the hosto~many activities and programs throughout a given week. Some of th . activities. include .b y¡¡ simulator; Bonfires, WaU<, Run, RoU, VOUeyball T o+ents and as~panœ.TheObjective of these events is to provide alcohol free acti1esfor the students \0 participate in. September 8-12 ìs~hedate that has been set for LollaNoBooza this year. I am askin you pennission to ~ost theStreetDance on September 11" behind Richarde at St Bend This dancewillsuirt approximately around8pm and last tì1112:30 or lam. We wiU ±ve bands playing cdntinuouslY and wiU have regulations for the participants to foUo I hy. Street Dances~wìIl be provided by the Health Advocates and the Joints EventrCouncil. Inordertr prevent the/usage of alcohol within the dance area, we will be setting up a fence aro~d the area and will allow people to enter only from a specified entr I I ì I We, believe that putting on an event such as the Street Dance gives college I stude ts a new and dìffereåt way to socialize and enjoy a Saturday evening without . alcoh I being a main factof. Your support would be greatly appreciated and much I neede . If you have any q*estions at all, please do not hesitate to .call me at (612) 448- I \ , . tfl' . 6593 until August 24th and at (320) 363-6061, after August 24th. Thank you so much for . you time. Sincerely, ri\D S . . I \ I I I ! I , . II I ~ ' lvIen10randum \ I To: Mayclr, City Council I I From: Cari Sclunidt, Clerk/Administrator , I Date: 09/10(99 I Re: Certification of Ballot Question I I I I The following language has been approved by the City bond counsel and should be submitted as the November ballot question: I "Shall the City QfSt. Joseph be authorized to create a sales and use tax of one half perçc;:nt and an ekcise tax of $20 per retail sales of a motor vehicle and to pay its PI'op~J:1¡~pnate shkre of and pledge its full faith and credit to, general obligation bonds to bei§§~~ª:lþy the 'City of St. Cloud, Minnesota for the acquisition, construction and eq1.1îpPifi.gl\l~f the! Central Minnesota Events Center? . Whenever revenbes from the taxes described above are greater than the amount needed to meet obligationsl for the Central Minnesota Events Center project then revenues will be , used for other sU,ch uses as are allowed by law. " I I \ I i , , : , '. . 1 . . . 1\ 1 I \ '. " , \ , .' i City ûfSt. Joseph PI I I ('" r \ i i \ \ I \ emø \ i I \ \ To: Mayor\and City Council \ From: Cari SJhmidt, Clerk-Administrator I I Date: 09/02/9! \ City M ,nager Ballot Question I Re: \ i \ At the request J the Mayor, I did some research on the steps required to change to a Ci& Manager fonn ~government. 1 He indicated that this was a discussion point at one time oþ the Council and wanted to.b';ng Ihe option up once again.. The ballot questions must bÇ submitted by Stember 14th, thus making this meeting our only opportunity to discuss th~ issue. I apologize for not having this information in the packet earlier. This issue only cam~ up this week. \ I I A City may initia~e a proposal in one of two ways. The Council may, upon its own motion, submit an optiomil, plan for voter consideration. Alternatively, the voters may require the Council to submit \ the question at an election by presenting a written petition with signatures from a number of rers equal to at least 15 percent of Ihe total number of people voting in Ihe last City election. . Ordinarily, the Council has discretion to determine whether the optional plan should go to the voters at the electi9n. When submitting the optional plan to the voters, the question on the ballot must follow substantially this format: "Shall Optional pLn B, providing for the Council-Manager form of City government,be adopted for the gov rnment of this City? " t There are basically fourl¡tYPes of cities inMinnesota: standard plan statutory cities, Plan A statutory cities, Plan B statutory Cities and ho,e rule charter cities. Weare currently a Plan A statutory city which consists of an elected mayor and four (s9metimes six) elected council members. The clerk and treasurer are appointed offices and neither is a member of the City Council. 's ballot question would, change the city to a Plan B statutory city. The Plan B city COtmcil consists of an e fled mayor and fom (soeætimes six) cooncil members. The Çity Cooncil..bins IŒ ¡e~~ûve pow"" but ppoints a manager who is ¡responsible for overseeing City staff and making hiring decisions. The Plan B fmm of ovenunent is often referred to as the "Council-Manager" plan. \ . . . . . . ·... CITY OF ST. JOSEPH 1 First Avenue NW ì .0. Box 668, St. Joseph City Council t. Joseph. MN 56374 September 16, 1999 320) 363-7201 7:00 P.M. 'ax: 363-0342 , i Ilk 1. Call t~ Order , 2. ApprQve Agenda I rlAYOR 3. 7:00 J Assessment Hearing for Utility Improvement on 90th and 91st I -::enneth J. Hiemenz I 4. Appf(~ve Consent Agenda a. A~lÌhorization for Kern, DeW enter, Viere Ltd. to perform the 1999 Audit ::LERK! 5. Appf(~ve Minutes - AUMINISTRA,,()R City Council Special Meeting 8/26/99 Cari Schmidt , City Council Meeting 9/2/99 i I 6. Bills J,>ayable and Overtime ':::OUNCILORS I Bob Loso 8. Public Comments on the Agenda Cory Ehlert I Ken Twit 9. Ridg~wood Storage - Fence request - weiedenfuer i 10. 8:30 ~M - Noise Violation Hearing , 11. BanklPurchaselRoske Property~ Authorize the EDA to purchase the First state Bank BUilding and Authorize the sale o/the Roske property by the City o/St. Joseph to Gohman Construction , , 12; Street Assessment Policy for Industrial Park 13. V ari~nce requests: a. ~esurrection Lutheran Church Sign b., ,~eight of First State Bank of St. Joseph 14. Deve~opers Agreement with Lumber One for Northland Plat 4 15. TuitirnReimbursement Policy , 16. I Mayors Report , , 17. Coutlcil Reports 18. Clerk/Administrator Reports I ! 19. MiscbUaneousand Announcement Items I 1 20. Adjourn ! . ì . Additional Packet Items/ Information Only Letter regarding meeting for wastewater treatment plant facility in Cold Spring S1. Cloud HRA Letter- Invitation to the Co-Community Forum on Affordable Housing- 9/28 7:00 PM LMC Conference Planner schedule Public Hearing Notices MTC Walk-in Public Meeting Notices Bar arrest reports from the Police Department Joint Operating Fire Report April 1- June 30, 1999 . . . I I i I I - ~_ft . _ftft _ft_ . J CLERK/ ADMINISTRA TORMEMORANDUM ] i I Tel MAYOR AND t:ITY COUNCn.. [ FROM: CARISŒlMIDIT,QERK-ADMINIS1RATOR S!JECT' MEMO FOR 9{16/99 COUNCIL MEETING 09/10/99 I D TE: , i I I The Week In Review onlMondayAugust 30, I met with SisterMiriamfromSt. Bens. W~ spent th~ee hours together touring the campus. I also have a meeting set up with St. Johns on the 16th wifh Jim Hardwick and ~rother Isaac. I'm looking forward to that tour as well. I a~ended the Cable Commission meeting on Wednesday night. Tom and Noreen had a number of ,items they were anxiÖus to discuss. They are especially concerned that they be involved in th~ designofthe new¢ity Hall regarding a cable. booth. I assured them that once we ,start discussing desi$11 and layout with the architect, I would be sure to involve them. They are going to ~iSit other Cities to get an idea of the bestlayout and equipment to get. They also indicated th t they would like to start receiving the agendas on a regular basis so that they can scroll the . ite~s on the screen ahe~d of time., They also reported they are IcJoking into purchasing some so twarefrom the Sch091 District that will allow them to put names and titles on the screen during the meeting. They are also working on writing guidelines for ,camera and computer opr-ration so that each operator is consistent. CHad and I met with Ed [Abrams, a transportation en,gineer /p1anner, that is conducting a study onEhe possibility of extynding bus somee to .St.. Joseph from St. Cloud. He is interviewing a nu ber of residentsanq community leaders to gather information on. what the residents need in ermsof bus service. [I'he idea at this early stage is that the bus would run from St. Joseph to Cr ssroads Mall.. From ~here, the residents could take advantage of the shopping opportunities orlcatch a bus toa diffe~ent area of town. He is holding walk-in meetings for public input at a nurnberoflocations. The meeting in St. Joseph is set for Wednesday, September 29 at City hall from 6:30-8:30 PM. Heiis encouraging anyone to come in and speak to him about the issue. As you know, at the 1,~st meeting the Council voted to pull. the buildjng permit of the co¡ctractors fausing the problems on Dale street. I contacted the building inspector on Friday to in orm tl\em of the Council's decision. I was told that the Council do~s. not have the authority to §ull a building permi,t-only the building' official can do that (citing the Uniform Building Co~e). Ron's office a,gr~ed, however, to go out and inform the contractors that they needed to cle¡an uP. their mess and put up silt fences of the permits would be pulled. Council member Loso drove out there on Friday and inclicated that they had cleaned upthe dirt that was spilling ovh ,intoth~ street. Rcn spoke with each ,of the contractors and indicated they were very cofperative. Strong coristruction agreed to put a silt fence, up on. 9/9. Heidalso agreed to indtall a silt fence onth~ vacant lot, but did not give a date. Heid also told Ron that on their se ond lot that it has been leveled and a sprinkler system is being installed. Immediately fol owing, the entire loti will be sodded. Mr. Nelson (Julie Nelson's husband) came into see . w at was being done. We informed him of the measures,that were being taken. He stated that I , , i . it wasn't enough and that he would be talking to the neighbors. He may attend this meeting to . address this issue. Council Agenda Items- Noise Violation Hearing --The Noise Violation hearing is scheduled for 8:30 P.M. The noise ordinance violation was given on Auzust 30 at 2315 at 11 6th Avenue NW. It has been brought to' my attention that during these hearings in the . past,' the' individuals were given an opportunity to address the Council, regardless of whether or not they had requested an evidentiary hearing. The City attorney has advised that unless an evidentiary hearing is requested, the Council should only allow testimony regarding the amount of the citation, and not whether or not the violation occurred. Unless an evidentiary hearing is requested, the Council should assume that the violation did occur. In the past, noise violations have only brought'on a penalty of administrative costs. Historically, the Council has not imposed a monetary penalty on top of costs incurred. If the Council desires to take such action, this would be an ideal time to start such a precedent. The City ordinances state that the Council can establish payment of a civil penalty of up to $1,000 (including the administrative costs). 1 In addition, it is the recommendation of staff that the Council establish a standard administrative fee for the processing of these noise violations. In the past, the violators were assessed the costs for the time of whatever officer responded to the call, as well as the attorney's time. The amount varied, depending on who answered the call and the salary that each receives. The Council may establish a set fee for the administrative costs of these incidents that would apply across the board. Bills Payable and Overtime - Judy took a much needed two days off. She will send the bills and . overtime to you next week. Tuition Reimbursement Policy - I met with the personnel committee about the Tuition reimbursement policy on Thursday morning. A number of changes have been proposed to the current draft that incorporate the old policy as well. The policy that I presented to the personnel committee is in your packet. I will send a copy of the policy with the minor changes from the Personnel Committee to the Council early next week under separate cover, once I have a chance to review the old policy with Judy on Monday. Bank Purchase/Roske Property - I attended the EDA meeting on Wednesday. There was some confusion as to whether or not the Council had authorized the EDA to actually purchase the bank yet. Once the Council officially does this, the EDA will meet to confirm the purchase. The purchase agreements for First State Bank and the Roske property must be approved by the Council. John noted that the purchase price for the First State Bank building has been increased by $10,000 to reflect the inclusion of the furniture. Ridgewood Storage - Fence Request - Al Stelmack is approaching the Council asking for permission to construct a fence on his utility easement. They have had a number of incidents involving theft and vandalism at his site that he believes would be prevented with the installation of the fence. The fence would encroach upon the City's utility easement. A map from Mr. Stelmack has been included in your packet that shows the location of the manhole 1 Ordinance 55- Housing, Maintenance and Occupancy, Section 55.11 Licensing or Rental Units, Subd 10 Suspension or Revocation states «...... Execution of the suspension or revocation may be stayed by the Council on such reasonable conditions as established by the Council, including but not limited to, the payment . of a civil penalty not to exceed $1,000.00 - 2 ~ , .. i I . I loc~ted on his property land the proposed fence. I met with the Mayor, Dick, Ron, and Mr. Ste mack to discuss the Óptions. He is proposing installing a removable fence line all along the po~ionofthe fence that I encroaches upon the easement. The Public Works Department would be able to lift the fencej out to access the sewer line. Although Dick would prefer that the en roachment not be allowed, he has indicated that the fence would be a workable solution if th~ Cou~cil decides to giant this request. I have included a copy of the Easement Ordinance for YOr reTIew. J StT! ASse~mCrlt Pollc ¡for Industrial Park -Joe is putting together a propo$O<!assessment po icy for Council revie"\V. He indicated that he will fax it to me on Monday to be sent out to you. i Dlelopers Agreement ~th Lnmber Oneror Northland Plat 4 - Joe requested this be placed on th1 agenda in anticipat~on of the agreement being ready fòr review at next weeks meeting. Th re is a real possibilil that this item will be pulled from the agenda. C Annual Conference Planning Schedule- I have been asked to represent St. Joseph and se e on the planning cømmittee for.the annual Leazueof Minnesota Cities conference that will be held in St. Cloud Inext Spring. I have enclosed the schedule of meetings for your in ormation. If you havc:r any concerns about this, please let me know. i Co d.spring meeting- There is a letter in your packet regarding the first meeting to discuss the Co d Spring Wastewatet Treatment Plant. The meeting is set for Thursday, September 16 at 7: '0 AM at Cold Spring City Hall. . I ! Havel a good weekend, everyone! I i , , ! . i , I I - 3 ... " . .... . . . ? ~,"\ l- . ~ CITY OF ST. JOSEPH i !1 First Avenue NW '.0. Box 668. CITY OF ST. JOSEPH ;t. Joseph, MN 56374 320) 363-7201 PUBLIC HEARING ~ax: 363-0342 , i St. Joseph, Minnesota September 2, 1999 , i .tt , TO WHOM ITIVIA Y CONCERN: i ~-~ , , MAYOR Notice is hereby given that the council will meet at 7 p.m. on September 16, 1999 at the St. Kenneth J. Hiemenz Joseph City Hall ¡to consider, and possibly adopt, the proposed assessment for the utility improvement of property abutting 90th and 91 sl Avenues from East MinnesotaStreet to Lynx Road; property abutting Ridgewood Court from Ridgewood Drive to the west end of the cul- CLERK! de-sac by installipg water and sewer lines. AU~IINISTR\T()R , Cari Schmidt Adoption by the council of the proposed assessment may occur at the hearing. The follo.wingis the årea proposed to be assessed: COUNCILORS The amount to b~ specially assessed against your particular lot, piece, or parceLof land is $ Bob Loso W1ert (see attached notice). Such assessment is proposed to be payable in equal annual installments extepding over a period of fifteen years,the first of the installments to be It Mary Niedenfuer payable on or before the first Monday in January 2000, and will bear interest at the rate of seven percent pet annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resol~ltion until December 31,2000. To each subsequent installment when due shall be added i~terest for one year on all unpaid installments. You may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk!Administriltor. No interest shall be charged if the entire assessment is paid within 30 1 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk! Administr~tor the entire amount of the assessment remaining unpaid with interest accrued to Dece.fuber 31 of the year in which such payment is made. Such payment must be made before Noyember 15 or interest will be charged through December 31 of the succeeding year. I, If you decide not to prepay the assessment before the date given above the rate of interest tHat will apply is seven percent per year. The right to partially prepay the assessment according to Ordinance No. 37 is available. i The proposed assessment roll is on file for public inspection at the city clerk's office. As requested at the public improvement hearing, the Trunk Sewer Charge has been added to the assessment role for all affected properties. The total amount of the proposed assessment is $ 239,000.00. Wntten or oral objections will be considered at the meeting. No appeal may be taken as to the a~ount of an assessment unless a signed, written objection is filed with the clerk prior to th~. hearing or presented to the presiding officer at the hearing. The council . may upon such rtotice consider any objection to the amount of a proposed individual assessment at an] adjourned meeting upon such further notice to the affected property owners as it deemsadvi~able. I- i ] , , , t,.. , If an assessment in contested or there is an adjourned hearing, the following procedure will be followed: . 1. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. . After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be tape-recorded (video-taped). 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. 7. The council may adopt the proposed assessment at the hearing. . An owner may appeal as assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. (l4ç:~ Cari Schmidt City Clerk! Administrator . , , ~ Q) l- e> co . ez r--. co f'-.-,...... I"--.r---,............ <Dcococo 0 0 0 0 Il. wW ,....",r--r--. 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'¢' -¢- ~ 0 ~ ~ 00000000 w~ooro ~ro~oo 00000000 oo~row 0000 row woo ~oo ~ 0:: ~...¡¡¡ êE et::et::et::et:: ò:::et::et::et:: et::et::et::et:: et::et::et::et:: et::Cl:et::CI: et::et:: et::et::et::CI: et::et:: t; Co CIJ CIJ CIJ ~ -, .. .. . .'. ~~ Kem, DeW""", If_,Ltd. <·,~~.~o" ....(-. ....i · Certífíed Public Accountants I I I "~ ! ~···iit i ! , ! September 2, 1999 . i i onorableMayor arid City Council rlO JudyWeyrens ! ~ity of St. Joseph I ,~~,~ . .0. Box 668 ¡ _ foJOSeph,MN 56314 I ear Ms. Weyrens:! , ¡We are pleased to cqnfirm our understanding of the services weare to provide to the City ~" ofSt.Josephfor the ¡year ending December 31, 1999.Yje will audit the general purpose financial statements ,of the City of St. Joseph as of and for the year ending December 31, 1999.. Also, thedocµment we submit to you wìl1 include the following additional information that will be subjected to the auditing procedures applied in our audit of the general purpose fimkcial statements: , I Combining, andlIndividual Fund Financial Statements -~"'."""'''''~ Supplementary ~formation I Audit Objectives I i The objective of our auditis the expression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness ofthe additional informati'on referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. Our audit will be conducted in - accordance with generally accepted auditing standards and the st~dards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United Statesl, and will include tests of the accounting records of the City of St. Joseph and other prþcedures we consider necessary to enable us to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to comp~ete the audit or areuriable to express an opinion, we may decline to ~-~--~,"'"""'",~=,,,,,,,,-d express an opinion pr may not issue a report as aresult of this engagement. z,..'·.""h"""""'~_ WewiU also proviqe reports (that do not include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions or grant agreements,rloncompliance with which could have amaterial effect on the financial statement~ as required by Government Auditing Standards. -1 i 220 Park Avenue South, PO. Box 1304 760b Bass Lake Road, Suite 104 I Minneapolis,MN 55428 Sr. Cloud, MN 56302 320-251-:7010- Fax: 320-25.1-1.784 612-537"3011 · Fax: 612-537-9682 Twin Cities Metro: 612"338-6202 Webs;te: www.kdv.com , ,. City of St. Joseph September 2, 1999 2 . Management Responsibilities Management ofthe City is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Audit Procedures - General . An audit includes examining, on a test basis, evidence supporting the amount and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected byus. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the general purpose financial statements. However, we will infonn you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to òur attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of assets, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, andthey may bill you for responding to this inquiry. At the conclusion of our audit, we wiU also require oertain written representations from you about the financial statements and related matters. . . ity ofS1, Joseph ¡ eptember 2, 1999 . tentifying and ensJng that the City complies with laws, ~egulations, contracts, and greements, including grant agreements, is the responsibility of management. As part of taimng reasonable j assurance aboutwhetherthe general purpose financial statements re free of material misstatement, we will perform tests of the City's compliance with ficable lawsand~e~lations~d thepmVi!lOnS of conrractsand agreements. , owever, the objective of our audit will not be to provide an opinion on overall ompliance and we will not express such an opinion. , ~ audit of the genetal purpose financial statements performed in accordance with , enerally accepted attditing standards is not designed to determine whether the computer ~ystems oftheCity qfSt.. Joseph are Year 2000 compliant, or to provide any assurance on ~hether the City .of ~t. J osep'h .~as ad.dressed all of the affected systems on a ti.mely basis. urther,we have no responsIbIlity with regard to the systems of vendors, servIce rViders' or any ot~er tlùrdpartíe!. These are the responsibilities of theCity' s anagement. . Howe:ver,'we may choose to communicate matters that come to our ttention relating to the Year 2000 issue. ~dditiona11Y, suffici~t audit evidence may not exist to suPPort the goverm)lents' pnancial statement qisclosures with respect to the Year 2000 Issue in accordance with GASB Technical Bulletin98-1, Disclosures about Year 2000 Issues (TB 98-1). Ifwe ~etermine that there ,is not sufficient audit evidence to support the required disclosures, r: e will consider issving a qualified opinion (scope limitation) on the City's general . ul]Jose financial st*ements. If the City of St Joseph does notinclude the disclosures , equired by TB 98-11 and we determine that the financial statements are materially affected by the omis'sion, we will issue a qualified or adverse opinion on the general urpose financial statements for that departure from generally accepted accounting , rinciples. i Audit Procedures + Internal Controls ! In planning and performing our audits, we will consider the internal control sufficient to planithe audit in order to determine the nature, timing, and extent of our auditing procedures for the pitrpose of expressing our opinions on the City's general purpose I· financial statements'. Wewill obtain an uµderstanding of the design of the relevant controls and whether they have been placed inl operation, and we will assess control risk., Tests of controls may be performed to test the effectiveness of certain controls that we considerrelevant to preventing anddetepting errors and fraud that are material to the general purpose financial statement~ and to preventing, and detecting misstatements resulting from illegal acts ,and other noncompliance matters thàt have. a direct and material effect on the general purpose financial statements. (Tests of controls are required only ifcontrol risk is assessed below the maximum level.) Our tests, if performed, will be. less in scope than would be necessaryito render an opinion on internal control and, accordingly, no opinion will be expressed. ,I ... '; , , An audit is not desi'gned toprovide assurance on internal control or to identify reportable . conditions. Howev:er, we will inform the governing body or audit committee of any matters involving i~ternalcontrol and its operation that we consider to be reportable ! ì I . City of St. Joseph September 2, 1999 · 4 conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and . report financial data consistent with the assertions of management in the general purpose financial statements. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confinnations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Kern, DeWenter, Vi ere, Ltd. and constitute confidential infonnation. However, we may be requested to make certain workpapers available to cognizant or grantor agencies pursuant to authority given to itby law or regulation. If requested, access to such workpapers will be provided under the supervision of Kern, DeW enter, Viere, Ltd. personnel. Furthennore, upon request, we may provide photocopies of selected workpapers to the Cognizant or Grantor Agency. The Cognizant or Grantor Agency may intend, or decide, to distribute the photocopies or infonnation contained therein to others, including other governmental agencies. Our fee for these services will be at our standard hourly rates except that we agree that our gross fee, including expenses, will not exceed $ 7,785. Our standard hourly rates · vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees may be billed as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City ofSt. Joseph and believe this letter accurately summarizes the significant tenus of our engagement. If you have any questions, please let us know. If you agree with the tenns of our engagement as described in this letter, please sign the enclosed copy and return it to us. . Sincerely, Jennifer Thienes Certified Public Accountant RESPONSE: · .. , ity of St. Joseph , eptember 2, 1999 . , r~s letter correctly ¡cts forth the understanding of the City of St. Joseph. I ' . re: ate: . . fI__ '" --.: . . . City of St. Joseph CitÝ Council Meeting I · 1 9/2/ 9, 7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph meton Thursday, September 2,1~99at 7:00 p.m. in the St. Joseph CityHal1. , Members Present: Mayor Kenneth .J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary Niedenfuer" Clerk-Adrinistrator Cari Schmidt, and Deputy Clerk Judy Weyrens. ¡ Others Present: Davi~Wilke, Steve Streng, Julie Nelson,KevinBlanchette i 2. Approve Agenda: L6so made a motion to approve the agenda as presented with one addition that Public Cbmments.be moved to 8:00 when Kevin Blanchette would b presentto speak. . The motion was seconded by Twit, and passed unanimously. Loso indicated that Mr. Blanchette had sOrnelconcerns about the students first weekend back in town. Loso suggested to him that! he share those concerns with the rest of the Council. 3. Special Order of Business- ,Proclamation for Assi,sted Living Week- September 12-18 Mayor Hiemenz read the proclamation ,for assisted'living week: "Whereas, our community has a long standing tradition of supporting its senior residences; and whereas in April, 1999, an important senior living alternative was made available in the opening of Arlington Place; and Whereas this opéning of Arlington Place gives older citizens more flexibility in how they choose to live their lives in later years; and Whereas, it is our desire to honor and show appreciation for the s~nior housing and healthcare alternative Arlington Place provides for those who wish to redeive help with routine living activities while retaining their · independence, privaty and dignity in a residential setting; and Whereas in the spirit.of Assisted Living Wee~, a nationwide observance, and the hope that this observance will promote greater awa~eness of 'the brighter future that awaits. each of us' as we seek to 'age with dignity' within our own community; Now and therefore, I Kenneth J. Hiemenz, Mayor of the City of St. Joseph', proclaim September 1 ih through the 18th, 1999 St. Joseph Assisted Living Week and urgé the community to take part in the fun and festivities and the free pie and ice cream social bn Sunday, September 1 ih at Arlington Place from 1 to 5 PM at 30415 91$1 Avenue inSt. Joseph." Ehlert questioned why not recognize the other facilities inSt. Joseph as well as Arlington Place. Hiemenz explained that Arlington Place is the only Assisted Living facility in St. Joseph. The other facilities are for independent living. Hiemenz stated that this proclamation follows a nationwide initiative. 4. 7:05 PM DelinquentiUtility Hearing- No residents were present for the delinquent utility hearing. I 5. Approve ConsenfAgenda- q. Minnesota Mayor's AssaciationConference - . September 24-25- , Authorize attendance and pay registration fees ! ç. Tree Inspector Re-certification Workshop- 9/22/99-Alexandria- j Authorize registration far Mike Sworski- $35.00 c. Outdoor Liquor Permit for an event to be held on October 16-17 at , the La Playette d. Denial of Reimbursement for Sewer Cleaning Fee - 103 Ash St. 'E. 1 Certification of Ballot Questions for November election f!1. f. Authorize.Staffto increase the purchase price ofthe First State Bank , Building · I From $535,000(see Article 2.b. of purchase' agreement) to $545,000 ! to include furnishings currently located at said.location. 1 i I , I Hiemenz stated that on item e there are two ballot questions for consideration. They are before . the Council tonight as the City needs to submit them to the County by September 14th. The City attorney and bond counsel have yet to review the language, but the substance should be the same. The first deals with the Y2 cent sales tax. It reads: "Shall the City of St. Joseph be authorized to create a sales and use tax of one half percent and an excise tax of $20 per retail sales of a motor vehicle and to issue general obligation bonds for the acquisition and betterment of the Central Minnesota Events Center? Whenever revenues from the taxes described above are greater than the amount needed to meet obligations for the Central Minnesota Events Center project (including the bonds described above) then the revenues will be used for: '1. A community recreation center; 2. Parks and/or trails." Ehlert asked if we could also use this for libraries. Hiemenz stated that it must be used for a community type facility and or parks/trails. The language of the bill specifies the exact uses that are allowed. Loso asked a question regarding the agreement with the other cities. Hiemenz explained that all of the language regarding the other participating communities is laid out in the Joint Powers Agreement which establishes how the money will be allocated. The issue tonight is just the language itself for the ballot question. Twit stated that he thought the City at one time talked about financing a new city hall with this question. Hiemenz stated thafhad to be takenout as we were the only community requesting this usage and it was holding up the bill. . Twit suggested that we amend the question with the attorney's help to let us use the money for anything allowed by the legislation. Hiemenz stated that he would be getting the formal language at a meeting the following day, but is requesting that the Council approve the language in spirit. Niedenfuer suggested that the Council revisit the issue at the special meeting on September 10. Loso made a motion to accept the language in spirit with the idea that it would be revisited at the next meeting of the Council. Niedenfuer seconded the motion and it passed unanimously. . The second ballot question is regarding the City manager question. Hiemenz explained hat he wanted to make sure the Council had the option of adding this to the ballot in November, even though they hadn't discussed it at length yet. The ballot question would read: "Shall optional Plan B, providing for the Council-manager form of City government, be adopted forthe government of this City?" Niedenfuer asked whether the question had to be stated this way, as she is concerned about the citizens understanding what the question means. Schmidt explained that the language is set by statute. However, if the Council wants this question on the ballot, we can launch a public education campaign beforehand, so they know what the issue is. Twit stated that the main difference between the Administrator and Manager positions is the hiring and firing capability. The Manager holds allofthe hiring and firing authority for City employees. The Council only has that authority over the manager and the City Attorney. Ehlert stated that we can accomplish many of the same goals by staying with Plan A and not adopting Plan B. Niedenfuer made a motion to carry the question over until next Friday so that the Council would have more time to review the issue. Loso seconded the issue and it passed unanimously. Twit questioned the date and time for item c. Outdoor Liquor Permit for the La Playette. The application states October 16-17, which is a Saturday and Sunday. The application should state October 15-16, Friday and Saturday. The times are from 6:00 PM to 1 :00 AM. Weyrens stated that Mr. Zimmer mentioned that there is nothing going on Thursday night. Twit pointed out that the application needs to be signed by the Police Chief yet. Ehl.~rt questioned item, d. astowhether the City is sure that the obstruction was. i.n the seryice line, as the City has a policy whereby the property owner is responsible for the private serVice line. This was confirmed. Hiemenz explainedthafon item f., increasing the purchase price of the bank from $535,000 to . . . $545,000 was for the furniture located in the bank. He and the City Administrator looked at the 2 . i . furTure with Mr. Reinhartl and determined what items would stay.with the City, and which the ban would take with them. Loso stated that he is uncomfortable agreeing to this when he hasn't seer. a list of the furniture to be included. Ehlert agreed. Schmidt stated that she was very c0n,]fortable with the priceland that the City is getting more than $10,000 worth of furniture. Ehlert stated that he would still like to seethe list. Hiemenz stated that although we don't have a list no~, a list would be attac~ed as an addendum to the contract. Twif.f!1ade a motion to ap/?rove the consent agenda, seconded by Loso. The motion passed una Imously. i 6. Approve Minutes- L¿so made a motion to approve aI/ three sets of minutes. Hiemenz seconded the motion, i with a few typographical corrections. The motion passed unanimously. , 7. Bills Payable and Overtime Weyrens indicated thé!Ü another charge would be added to the Bills Payable as we had a mainline sewer back up thisweek that did some damage to resident basements. Our insurance deductible ¡'s $500. . 1 Loso said that as long as We were talking about sewer back ups, why hasn't the 5th Avenue sewer lin~lbeen cleaned yet.Hi~menz stated that the manhole is on private property and the City can't gai~ access to it. . Loso said that there must be some legal recourse that the City can take to cle · n our own sewerline.i Hiemenz stated.that the City attorney looked into this already. Schmidt stated that she would loo~ into the issue and report back to the Council with her findings; we~rens detailed some ofthe bills. She indicated that the City had all of its subdivision maps laminated Whichaceount. far the substantial Kinkas bill. Twft made a motion to approve the bitls pa~able, seconded by Lo~o. The motion passed unanimously. , I . On the call out list, Twitasked whether or not Officers Young and Meyer were atthe same meeting, where one clai~ed one hour .and the other claimed two. Ehlert also asked if their pretence was required atlthe meeting. Hiemenz stated that it was the same meeting and the tim differehce is due to a shift change; and also that the Chief request~d their presence at the me ting. Hiemenz alsoe~plained that the increased part time hours for Daluge and Schley are due to vacation schedules and the shortage of staff. Loso made a motion to approve the cal/outs, sedonded by Twit. The motion passed unanimously. ¡ 8. Public Comments ohthe Agenda- Kevin Blanchette, 113 East Minnesota Street, addressed the Council regardingl the activities of the students during theirfirst week back in town. On Monday evening, he was awakened by foot traffic in front of,his house that lasted until 2:30 AM. At 1 :20 AM there was a group of students congregating in his front yard trampling his hedge. The studentslfled when he turned on the porch light. He spoke with the Police Chief and understands there were a number of calls that night. This made him question whether or , not the City is employing enough officers. He also stated that it's important to remember that the events of last May during graduation week were not a single event. Every weekend is an issue. Thiswas merely one more weekend in a series of problematic days. He stressed that , by starting classes on Wednesday, students arrive too early and have nothing to do. ,This only invites the unruly behavior to start earlier. He asked the City to encourage the school to modify its calendar and start classes at the beginning of a week. In the alternative, there should be more prog~amming forthose students in those days before classes start. He also expressed the hope that the local police officers are documenting the number of contacts they have with residents, as opposed to the number of contacts with students. He stated that he hopedthingsquief down once classes begin, ashe is losing sleep. Hiemenz thanked Mrj Blanchette for his comments and informed him that there is a joint e meeting of the College campuses and the City on Friday, September 2, to address this very topic. Niedenfuer alsb thanked him for his comments and agreed that our response has to I start earlier and that 'fe need to take a preventative and proactive stance to this issues. 3 , , i , , , . David Wilke, 1006 East Dale and Julie Nelson, 1005 Dale St., addressed the Council . regarding the dirt and debris on their street. They stated that they understood the building inspector was going to require them to put up a silt fence, but this hasn't been done. They are frustrated with the dirt being tracked on to their driveways and into their homes. HiE}menz stated that the problem isn't just one contractor, in fact there is more than one. In addition, there are delivery vehicles that drive in and out tracking the dirt down the street. Loso agreed that we aren't justtalking about Hyde and Herges. There are a number of subcontractors involved as well. Loso stated that the City should clean the area and charge it back to the contractors. Niedenfuer agreed stating that this is not the homeowners responsibility when it's the contractors mess. Ehlert suggested pulling the building permits until the problem is solved. Weyrens indicated that each building permit comes with a memo regarding this issue. The contractors should be aware of what their responsibilities are. Loso made a motion to pull the building permits unW the problem is solved, and to give the contractors a half day to clean up the mess or the City would clean it for them and charge it back to the contractor. Ehlert seconded the motion and it passed unanimously. 9. 7:30 PM - Authorization of the Bond Sale - Monte Eastvold- Juran & Moody Eastvold presented updates for the Council for the General Obligation Improvement Bonds for Joseph Street, the Business Park and Northland Drive. Sewer trunk charges are now estimated to total only 216,000. He also reported that the interest rates on assessments is 6.00%. With a City cash contribution of $100,000, the issuance amount is $1,340,000. Eastvold reported that tonights requested actions are to pass two resolutions: one which sets when and where the bond sale will occur and the second is to accept the financial services agreement with Juran and Moody. The resolution states that the bonds will be offered for sale on sealed proposals on September 30, 1999. The proposals will be opened at a special meeting on that date at 4:30 PM at St. Joseph City Hall. Eastvold also indicated that the City . still reserves the right, after the bids are opened and prior to award, to increase or reduce the principal amount of the bonds. Hiemenz asked if the City waits until February because the Northland bids come in too high, can we still do this. Eastvold stated that yes, the City could reissue or cancel the entire sale,. The City has three years to spend the proceeds. Loso made a motion to accept the financial services agreement, seconded by Ehlert. The motion passed unanimously. Twit made a motion to accept the resolution setting the time and place for the sale of the bonds. The motion was seconded by Ehlert and passed unanimously. 10. Resolution Approving Preliminary Budget for Year 2000- Weyrens presented the resolution approving the preliminary budget for the year 2000. ,She also asked the Councilto set the Truth in Taxation Hearing date. The Council set the date of Wednesday December 1 at 7:00 for the Truth in Taxation Hearing and December 16 at 7:00 forthe follow-up meeting. Loso made a motion to accept the resolution approving the preliminary budget for the year 2000 and setting the Truth in Taxation Hearing for December 1, 1999. Ehlert seconded the motion and it passed unanimously. 11. Mayors Report- Hiemenz reported that he and Administrator Schmidt attended the Northstar corridor Western Extension steering committee meeting. The steering committee was formed to meet a legislative madate.ltschargeistostudy the feasibility of a light- rail extension to St. Joseph from St. Cloud with the help of a consulting firm. The first step will be to gather public input at a workshop on October 6, 1999. Hiemenz also reported that he, Chief Lindgren and the Administrator attended a pre meeting . of St Bens/St. Johns officials to discuss form an agenda for the joint meeting on September 4 . ~ 10th. It was a product,ive meeting, as should the meeting onthe 10th be as well. · Hiemenzalso informød the Council that he provided a letter to Greg Reinhart regarding the light at CSAH 75 and ¡4th Avenue NE The Council actually approved this already, but itwas notreflected in the mi,nutes of the May 6th meeting atwhich,it was discussed. The letter reads "The purpose o,t this letter is to express the support of the St.Joseph City Council for the ,location ofa four way lighted stop at the intersection of CSAH 75 and 4th Avenue NE, when the traffic warrants are met. The City recognizes that a controlled intersection at this location maybecomelan issue with the bank as traffiqvolumes grow in the area.", Loso made a motion to ,have the Council support reflected in the minutes. Niedenfuer seconded the motion andit passed ¡unanimously. Hiemenz alsoreporte:dthat the City sent a letter tothe city of Cold of Spring expressing interest in their waste~ater ~xpansion project. Loso asked if weare in,need of space now. Hiemenzstated that the City is currently at half its capacity but that we should consider all of our options so we ar~ better positioned thanSartell has been. 12. Council Reports - Loso had no report. Niedenfuer reported that she would like to ask John Hammerlink, a ~pecialist in E-commerce to attend a council meeting. He specializes in using e~commercetoisave small business in rural communities. He is an independent contractor and is not affiliated with any company. The Council agreed to invite him to (3 meeting. ' Ehlert reported that he met with the youth that attended the last Council meeting regarding the, potential for a skateboard park in St. Joseph. The Park Board has asked that the Lions hold off on resurfacing in the park until this,issue has been discussed. The youth will provide information on what trey would like and the specifications for the project. They will be presenting the inform'ation at a future Park Board meeting. Ehlert also reported that the Joint · Planning Board met on Wednesday. Brenny Transportation is interested in purchasing the Dave Braun home. Itis currently zoned agricultural. The Township is interested in rezoning it light industrial, Th~Township ,has similar setback requirements to the City. Niedenfuer asked if the Council qould seethe site plan ahead oftime. Ehlert said that he could provide it to the council. Ehlert also reported tbat he is hoping to invite Chris Hagelie to the second meeting in September to talk abþut CASTS. , , Twit reported that th~ Personnel Committee received a sample tuition reimbursement policy and form from the Ad,ministrator. He indicated that it looks good and should be placed in the next regular Council meeting, packet. He also indicated that he received a sample fiex policy but that he hadn't had time to review it as of yet. The finance committee will also be, meeting in the near future. ' Twit also questioned ,the SEH bill included in the packet regarding the Joseph Street Improvements. The (lumber seems higher than whatwas presented earlier. Schmidt indicated that she would check into the matter and report back to Council memberTwit. I 13 ClerkJAdministrator Report-Schmidt reported that it had been a busy week, One of the , highlights was a tour ¡of St. Benedict's campus by Sister Miriam Ardolf. ! 14 Miscellaneous and Announcement Items Niedenfuer asked what is the situation with all of the vehicles parked by the property near SchererTrucking. There are ,a number of vehicles parked on the property that take away from the appearance of the entrance to St. Joseph. Hiemenz indicated that it was an. issue at one · time when there waslgarbage and unlicensed vehicles parked on the property. ..He indicateq that it looks better thé!1n it once, did but that it could still stand to be improved. Schmidt stated I 5 , I , I I ¡ I ~ . that she would look into the matter and report back to the City Council. 15. Adjourn - 9:30 P.M. Loso made a motion to adjourn, seconded by Ehlert. The motion · passed unanimously. Respectfully Submitted, Cari Schmidt Clerk/Administrator City of St. Joseph · 6 · ¡ I , I City f St, Joseph . , City Council Meeting 8/26/99 6:30 PM 1. C~l to Order. Pursu~tto due call and notice thereof, the City Counci1f?rthe City of St. Joseph met in a specia~ session on Thursday, August 26, 1999 at 6:30 p.m. in the St. Joseph CjtyHall. Members Present: Mayor Kenneth 1. Hiemenz, Bob Loso, Cory Ehlert, Clerk-Administrator C~ri Schmidt, and Deputy Clerk Judy Weyrens. Members Absent: Ken Twit and Mary Tdenfuer. I Others Present: Paul ~pe, Mark Lambert, Mark Hinnenkamp, Ben Anderson 2. ¡proved Agenda: 10so made a motion to approve/he agenda aspr"-Sented; seconded by Hiemenz. The motion passed unanimously. 3 J¡nnenka!"p EasemÌntReQUest ~ Mark Lambert entered intoa purchase a¡¡reement with Salina Hinnenkamp wþ'o owns a tract of real estate in St.· Joseph. The City owns tract of lalnd which is burdened by a50 foot access easement in favor of the tract owned by Ms. . ~unenkamp. In order to obtain title for the property, the easement must be defmed. Mr L mbert commissioned a survey by David Regan to provide a legal description for the 19cation of the roadway where it is presently located. Mr. Lambert is asking for the 1unci!' s apPrQval oJ[ the location of the easement. i I a letter provided b~ City Attorney John Scherer, he expressed concern that the easement ecroached .µpon Cityibuildings. He advised that if the City is inclined to grant the request, it s10uld be conditionedupon the owner of the property signing an agreement acknowledging t~at none of the existing buildings which the City has on its property encroached into the easement area, or ifth,e encroachment exists, that the City will be allowed to maintain"the btildingS at their curr~nt location indefinitely. City. Engineer Joe BeJelldorf alsoPrQvided a letter expressing Ooncem over the ~croachments. Hea~~ised to slide. the alignment west, leavingthe salt shed as the only e 1 croachment, and th~n move the salt shed so the easement is free and clear. Another option ~OUld be to narrow the easement. ·iemenzexpressed c~ncem over the encrQachments (the fence arollndthepump station efcroaches 9.3 feet into the easement, m~i~tenance building encroacheslJt., slat shed ,croaches 3,5 ft.,. anqthe Boy Scout bUlldmg encroaches.. 5, 9, feet.)".>, ;X';;, ",ii, 'Ii"~.,,, ". I ark Lambert stated that he was willing to work with the City Attomeytoprepare whatever 1 . d cumentation wouldibe necessary to agree tolet the City leave their buildings in their . p esent locations despite the easement encroachments. He is simply trying to obtain good , 1 1 , ; i I I I I I . . . . . , · titl[ .to. fueproperly, HîernffiZ' stated fuat··he .WoUldhke. to move '.fue toad .so·. it'.sclear of ml the buildings on the East side and agree that the salt shed is the only encroachment. Mark Lambert offered to allow have a new survey done so that the easement does not enraCh upon any o(~e builillngs; wIlli fue underntanwngfuat iffue billlwngs fml into dis epair and are moved, the easement reverts back to its original 50'. j LOfo made a motion to ¡have a new survey drawn up to exclude all of theencroachment$ with th~ understanding that 'if the buildings fall into disrepair and are moved, .the easement reerts back to its orig~nal 50'. Hiemenzseconded the motion. La bert,agreed to pay :for the costs· of having the survey done with the understanding that the Ci y would pickup theiattomey's review time costs. Hi¡ menzstated thatit rPightbe a betteridea to move the easement to the left so that it only encroaches upon the s<1¡lt shed and the BoyScout building; and not the fence or the máintenance shed.¡ Lto withdrew his ori)inal motion, Hi1emenz made a motio!n to move the easement left to exclude thefence and maintenance shed fr~m the easement path, leaving the BoyScout building and the salt shed as the only · enrroachments. Loso rconded the motion. Sdhmidt stated that eit~er option would work for these purposes. The only question the C1uncil should look at is whether they want to abandon their policy of not allowing easement en¡croachme~ts despite) the willingness to, allow the City to maintain the buildings in their clent 10catlOOS, · H emeniwithdr"", his~otiOn, Loso made a matton iohave.a new survey,drawn up to e~bludeall of the encr9achments by moving the£asement to the right (to exclude thefence a d the maintenance b'uilding) and to narrow the easement between the salt shed and the boy scput building to exclu:de the encroachments, with the understanding that if the buildings fall ÙjOdiSrepairand are ¡moved, the easement reverts back to its original 50' between the latter t r buildings, Ehlerti seconded the motion, The motion passedunanimousl)', 4. B dget2000,~ Weyreþs prepared a sheet for the, Council outlining areas ,that could be re~uced,Sheexplain<d fuat they were merely suggestions and.could be placed back into the tget. Shemdicated~at there is »0 treqUIrement fuat fue budget be perfectly balanced The C ty is very close to balanced, with only $7,000 remaining.. If the Councilis uncomfortable wtth it being unbalancFd they can always wait and cut items at the truth in taxation meeting. Otherwise, the unbalaç.ced amount can always be wade up in the revolving funds. Jeyrensindii:åted thalline item 3 :361l' County (¡rantsc RoadMaintenance changed for · n xt year from$5,300Ito $6,457. Weyrens also asked the CounciLif they would be interested Î1 raising liquor licen~e fees. We raise $1,700/year now and are significantly lower than St 2 I ¡ I I . , Cloud ($3,200-$4,300), Waite Park ($2,500) and Saulk Rapids ($3,000). She explained that a .. public hearing is necessary to raise the fees. There are other licenses that the Council could impose as well: restaurant, gas stations etc. Weyrens made the assumption that the Council would be comfortable raising the fees to $2,000 in the budget. Loso asked ifWeyrens was comfortable with the revenue forecasts for 2000. Weyrens said yes. She expects that LP A aid number will increase. Hiemenz asked whether the department heads were comfortable with the cuts that Weyrens suggested. She indicated that they are. Hiemenz indicated that the slight overage the City has in the budget is acceptable and that the remainder could be taken care of in the rollover Ehlert stated that another budgetary consideration came up with the Park Board meeting. Dave Hideman,the Summer Recreation Coordinator submitted his resignation stating that he wanted to spend more time with his family. He encouraged the Board to re-evaluate the budget as it hasn't been raised in a long time. As the community is looking for more programs and services, there has to be money in the budget to accommodate these desired changes. This ultimately means more staff, which are hard to retain at such low hourly wages. Weyrens suggested that the City could start charging the other participating jurisdictions. Ehlert indicated that it is unclear whether or not St. Wendel Township will be involved with the program. . Loso suggested that the overall program be re-evaluated, commenting that the City can't be expected to provide everything to everyone. People have very diverse interests. Weyrens stated that although that point is true, parents like to have a wide variety of activities for their children. Ehlert stated that the standard fee now is $40.00. One possibility might be to re- evaluate the fee structure. Parents could pick and choose individual programs that they want to attend for different prices, instead of having one standard fee for the whole package. Weyrens also suggested asking the school board if they would hold some of their activities in St. Joseph. Ehlert stated that he mentioned that already to John Wahl (School Board Member) Weyrens asked if the Council wanted to increase the budgetary item now and see if the City can get commitments from the School District and other participating communities. Loso suggested that the Park Board evaluate this during the winter months when their agendas are lighter and come up with some solutions. Ehlert agreed with this suggestion. Ehlert also indicated that one of Dave's assistants expressed interest in taking over the program. The Park Board is putting together a job description for summer program leaders. Ehlert requested that a plaque be prepared for Dave Hiedeman and his assistant in appreciation for all of his work over the last five years. Loso stated that he brought the Emergency Operations Plan in to the Administrator. He asked that copies be. distributed to the Council members and to department heads for review and suggestions. Loso indicated that it should be fairly comprehensive already as he modeled it . after the County Plan. 3 ~ . (Le~y ìssue -) W eyren~, asked the Councìl to make a decìsìon regardìng the 'levy. for East Mìf1esota Street that ~onte Eastvold raìsed at the last meetìng. Dìd the Councìl want to ke~ the levy and use tlie funds for other projects or reduce. the levy. Lo 0 expressed concern! that we may be tnakìng ourselves cash poor for the future wìthallof the bìg projects the CìtY¡has comìngup (Cìty ìspurchasìng the bankbuìldìng for the new Cìt~allfor $535,000, fS well as the costs to refurbìshthe buìldìng.) Weyrens stated that she ass es theCìty wì11 u~e pubHc project revenue bonds forthose types ofprojects (lease pu~chasetype bonds). She stated that both buìldìngs and equìpment can be tìed ìnto those tYPrs of financìng bond~. Loso asked where the contract wìth the archìtect ìs at. Hìemenz strd that the City Attorney and architect are working together on the contract. HiCIJlCnz Med VI e~ns to preptethe appropriare reso Intions for the Septemher 2 CouncIl meeting re ectmg the proposed tax levy. I 1 SCfdtthanked peputyClerk Weyreus for MI of her work on the budg~. She stated that it ìs 0 helpful to come toibudgettìme and have so much of the work done already. Weyrens ha done a great job. Hìemenz, Loso and Ehlert agreed and thankedWeyrens as well. I Wryrens stated that the, Councìl should make a decìsìon about what to do regardìng the Fìre D~partment $239.00su,rplus. Ifthere ìs a surplus in the fund, the city actually loses control odhe fund. In ordertoj prevent this, the Cìty can ìncrease the pensìon of the firefighters to elì ìnate the surplus.. Ehlert asked why the Cìty can't just antìcìpate and plan for a deficìt ìn . th budget cyc1e.Weytens ìndìcated that has been done, however dìfferent events wìll affect , th, fund each year makìng ìtìmpossìble to predìct. Weyrens stated that an ìncreaseìnthe pe sion of$50 would ~limìnate the surplus. Hiemenzmadea motion to increase the pe sions by $50 to eliminate the surplus. Ehlert seconded and the motion passed unrlnimously. ! 5. p4b1ic Comments. B~J1 Anderson, 116 East Ash St, stated that he heard thatthe City was th~nkìng ofbuìldìng a skateboard park and wanted to knowìfthìswas true. He stated that abput 45% of the kìds here skateboard and that there really ìsn't anywhere they can do ìt now. Ehlert, as the Park Board Lìaìson, responded that they have budgeted for somethìng for t year, hut there ar9 still issues that need to bernscussed. He mdlcated that they sbould w, rk together with the I Park Board on this topìc. The Park Board meets the fourth Tuesday o the month. Ehlert sl¡lggested that Ben and hìs friends meet wìth him indìvidually and also atÌend the Park Board~eetìngs. Hiemenz ìndìcated that the skateboarders have hìs support ald that many other busìnesses ìn town mìght be wìllìng to lend theìr support as well, fi , ancial or otherwise. 6. Aljourn- 7:55 P.M. Lso"'ade a ",olion 10 adjourn, seconded by Ehlerl. The ",olion p ssed unanimously., ! I . Resp ctfUIIYSUbmitted,! I 4 I 1 I ~,. ." , Cari Schmidt . Clerk! Administrator City of St. Joseph . . 5 e I i ~ I à5 l Q III C/) () rr- , CL I-Q 0 æ 5<1: Q. 00 Z Uæ t> < ~ I f- I I LL . I- a 1L «f- eD 0 LL I l- I U") ...J ~ I r<ìo- Qo «~ ...Jc.n I-ç\¡ I-N. l- Ocr-' ::J-.JJ 00- 0"1"" I-co I -1 co , I I I Ò /Ii I " 2: d õ " ..J z; :; Q ttJ I S 'UJ æ I!J' i2 I Ú ~ 2: !L ¡:: <f) X UJ . 1 'W iu 'z iw , µ., I \ , I . . . . . .~- ... . I ORDINA1CE 3i: LIMITU--lO ACTIVITIES 'IN PUBLIC EASEMENTS I I Section 32.1. pJrpose. This ordinance is enacted for the purpose of controlling the use of roperty in the. Citylof St.. Joseph on which the City holds an easement for utility, road way, drainage, sidewalk, a,nd other public purposes. This Ordinance has been enacted to require th\,owners of propertyicontaining a public easement to use the property in a manner consistent ith the grant of th~ easement and assure the City of. reasonable access onto the easement'! an emergency situation. This Ordinance recognizes the need to maintain public easements free of obstructions land accessible, while allowing non-conflicting uses by the property owner. I , Section 32.2. definitions. For purposes of this ordinance, the following terms have the Tted meanings: a. "Lando\'{ner" - shall mean the fee owner(s), tenants or occupiers of a parcel of ropertyover, on or ~nder which the City holds a public easement. , . b. "City" - $hall mean the City of St. Joseph, Minnesota. I c. "Easemcrnt" - shall mean a public easement of any type, including but not limited to an easement for utility, drainage, roadway, ingress/egress, sidewalk, boulevard and other PUb~C purposes. The area of an easement shall not be limited to that portion of the easement ctually put to use, qut shall extend to the entire easement as described in the grant or dedica t on, including roadway ditches and boulevards lying within the designated areas. I I d. "Pre-Existing Use"- means a use or activity existing within an easement at the time t is ordinance was enacted. e. "City's Ifasement Use" - shall be any use which the City is authorized to maintain 'y the grant or dedisation of the easement as construed in accordance with the laws of the State, f Minnesota. I I I , f. "Boulev~rd"- shall mean that portion of a, street or road easement located outside 0 the portion of the,~asements which is actually improved for street or road purposes and used or vehicular ,traffic ~r the parking of vehicles. With respect to streets or roads improved with curbing, the boµlevard shall be that portion of the easement separated from .the improved portion of the stree~ or road by the curbing. , g. "Utility leasement" -shall mean any public easement which affords the City the right~oinstall. locate or maintain. any publicutility~ including bur not limited to sanitary . sewer lin s. water lines, storm] sewer lines, gas lines. electrical cables. and cable television. I , I 21 I I I <. "''''. ^ .-joO 1: ... J · · · . , .- , , , ..., ..,,.. Section 32.3. Limitation of Activities in Area of Easement. . 11 i. . . ., b' h " , . d· a. The fo owmg actlVltleS y t e owner are permlUe m an easement: 1. Lawn. I " 11. Y 3g~tablt. ()r flow~r g~rden~ iii. Mainten~nce of lawn ornaments, lawn furniture, recreation'aIld,play equipment' and game apparatus which are not affIXed or anchored to the ground. , IV. Driveway and sidewalks. , v. The use <ind maintenance of (a) (i, ii. iii) above by the landowner and gue1ts ina regular and intended manner. .. @ All other! uses, unless specifically permitted herein, shall be considered prOhibitedl.,nd shall, not ,be m ai,"", tained on or in, an easem, ent, except by Wfitten,pe rmit granted by the City after application pursuant to the following procedures: . i. The landowner shall submit a written request to the Pity Clerk! Administrator describing the easement to be affected and the proposed use ¡for which permit is sought, together with an administration fee as may be set by . resllution ofthe City ciouncil. ii. The City Clerk! Administration shall refer the req?est to the City Mamtenance Supervisor for consideration and recommendation. If theJeasement to be affepted by the request is a utility easement, the request shall also be ref rred to the City Engineer for consideration and recommendation; iii. Based upon the recommendations received from the Ma ntenance Supervisor and City Engineer. the City Clerk shall make a, recommendation to t e City Council and! the Council shall approve or deny the request. taking into con ideration the stated purpose of this ordinance. Any approval make be accompanied by pecific conditions or modifications to the original request as deëmêd appropriate to protect the City's interests; , c. Nothingistated herein shall deny the City the right to request a landowner to remove pr abate any permit~ed use or activity existing in the easement where the use or activity dirfctly interferes in any manner with the City's easement use. if the City is currently engagingiry the use or intends ¡on engaging in the use. The City specifically reserves all rights of an easemer holder afforded Tder the common law nf the State of Minnesota. f Section 32.4. Preexisting Uses. a. A preexisting Úse, which is not otherwise specifically permitted by this . o~dinance. ,hall be discontinue,d and removed from the easement within 60 days of enactment of . this ordina ce.exceptas proviþed below: 22 , , , I f'*<: , ...... :~'. . .. b. The following prohibited pre-existing uses shall be allowed to continue . under the terms set forth in paragraph (c)· herein: 1. Trees, shrubs, bushes and fences which are not inconsistent or interfering with and the City's easements use. 11. Structures or buildings which are 'not inconsistent or interfering with the City's easement use. . , ";"""-. c. No pre-existing prohibited uses, allowed to be continued under paragraph (b) of this section, shall be enlarged, nor shall they be altered, improved, repaired or restored. If the pre-existing prohibited use is discontinued or substantially destroyed, the right to maintain the pre-existing prohibited use is lost. Section 32.5. Enforcement. a. The City Maintenance Supervisor shall serve as compliance officer to provide inspection and enforcement of this ordinance. When the Maintenance Supervisor becomes aware of a violation of this ordinance, the violation shall be reported to the City Council which shall direct the Clerk/Administrator to send written notice of the violation to the landowner directing the landowner to bring the property into compliance with the ordinance within 30 days. The Maintenance Supervisor shall inspect the property at the end of the 30 day compliance period, ad if the property has not. been brought into compliance, the Maintenance . Supervisor shall notify the police department to issue a complaint and request the issuance of a criminal citation. b. If the landowner refuses to remove or abate a prohibited use within the easement, or if a pre-existing use permitted under Section 32.4 (b) interferes with the City's easement use, in addition to the procedure set forth in Section 32.5(a), the City may take any reasonable steps to remove or abate the use and assess the cost of removal or abatement to the property. c. The City shall not be liable for any damage to the property of the landowner in the easement or damage to any structures located in the easement which are removed or abated in the City while engaging in the City's easement use. Section 32.6. Penalty. A violation of this ordinance shall constitute a misdemeanor and shall be punishable as such~ Section 32.7. Effective Date. For purposes of determining preexisting uses, this ordinance became effective September 1. 1990. . 23 . ~ . CITY OF ST. JOSEPH , :1 First Avenue NW i i '.0. Box 668. ;t. Joseph, MN 56374 August 31,1999 320) 363-720 I :;ax: 363-0342 Mr. Tim Kiernar) Ilk 1362 -- 20th Str~et SE Buffalo MN 55313 , , MAYOR RE: 11 - 6th AVenue NW Kenneth J. Hiemenz Dear Mr. Kiernan: ''':u,RKI This letter has been prepared to provide you with notice and' information AUMINISTR,\T()R regarding a prdposed suspension or revocation of the rental license for the Cari Schmidt above referenc~d property. This action is being taken because of an alleged violation of Ordinance NO.1 02 of the St. Joseph Code of Ordinances. This =:OllNCILORS violation.is alleged to have arisen out of an incident on August 30,1999 (copy enclosed). , , Bob Loso C.lert , I K it The S1. Joseph: City Council will review these allegations and consider Mary Niedenfuer appropriate action, including a suspension or revocation of your rental license, for,up to a period of twelve months. The meeting will be conducted on Thursday, September 16,11999 at8:30 p.m. in theS1. Joseph City Hall, 25 - 1st Avenue , Northwest. , At that time you are entitled toa hearing to be conducted in accordance with Minnesota Statutes ,14.57 to 14.70. This hearing will be for the purpose of determining w~ether or not the alleged violation did in fact occur. At that hearing, you h~ve the right to cross examine witnesses and present evidence on your behalf. T.he proceedings will be video recorded. Based upon the evidence presented, the]Council will then make a determination as to whether or not the alleged violation did in fact occur. I If you wish to h'ave an evidentiary hearing of this type, you must contact the City Clerk/Administ~ator in writing at least seven days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least seven days before the hearing, youwill then be considered to have waived your right to have an evidentiary hearing and no eVidentiary hearing will be, scheduled. IA waiver of this right to hearing will be equivalent to an admission ofthe basic allegation (s) alleged herein and reported by thecomplainingparty. , If you waive yo'ur rightto hearing, or if an evidentIary hearing is conducted and . the Council determines that a violation did occur, then and in those events,the Council will prqceed immediately to consider a disposition, which may include I I . Mr. Tim Kiernan . August 31, 1999 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. . Sincerely, ~S~ Cari Schmidt City Clerk/Administrator cc: John Scherer Mayor and Members of the City Council Police Chief Bradley Lindgren Police Officer Paul Schley Police Officer Wendel Daluge . ,.;~ ~OLICEDEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374-0268 . (612) 363-8250 EMERGENCY 911 DATr_~Þlí? : TO: Il~ Q/nà'1 FRO~: CHIEF LINDGREN - I . SUB~ECT: NOISE ORDINANCE VIOLATION : AS PER ST JOSEPH CITY ORDINANCE #102 (NOISE ORDINANCE)t PLE~SE BE ADVISE~ THAT YOU ARE HEREBY GIVEN NOTICE OF A NOISE VIO~ATION THAT OC"CUR, RED AT THE PL,ACE, TIME, AND., DATE LISTED BEL W.! ,/ PLEASE FIND IENCLOSED A COPY OF THE AFOREMENTIONED ORD NANCEt RESOLUTION REGARDING ENFORCEMENT OF HOUSING REG~LATIONS, AS ~ELL AS A COPY OF THE ST JOSEPH POLICE DEPtRTMENTREPOR~ RELATIVE TO SAID VIOLATION. . DATE OF VIOLATIO~ (YS/3oJo¡c¡ · TIMk OF VIOLATION :23/ S- PL+E OF VIOLA TI~N 1/ M~ ~e Il/W SINEERELY, L ~~G~EN , ' CHIEF OF POLICE I ST bOSEPH POLICEIDEPARTMENT . . .. '. ',,-::",~,.<.; ¡ .-- - .. , . TL\e 138-31-99 St. Joseph Police Depa~tment Time: 3:139 am Initial Complaint Reco~d Case Numbe'/, . 991301938 Date Repo~ted: 08/30/99 . Repo·('ted By: SCSD DOB: Add'('ess: 807 COURTHOUSE DR. P.O.BOX 217 Apt. H: Phone N: 320/251-4240 .- City: ST. CLOUD State: I'1N Zip Code: 56:302 Dange'(' CY /N) : N Complainant: DAHL JASON JAMES DOB: 06/09/70 Add'('ess: 125 7TH AVE NW Apt. N: Phone J:t: 320/363-1317 City: ST. JOSEPH State: MN Zip Code: 56374 Dangel' ('1'/1-1): N Incident Desc~iption: REPORTING A LOUD PARTY AT CORN~ROF WMN ST&6TH AV E NW/STATED SEVERAL PEOPLE OUTSIDE TRYING TO PICK FIGHTS WIT H DRIVERS PASSING BY/RENTERS ALLOW ENTRY/WARNED FOR PARTY/MI /' NORS CITED /' /' Squad/Badge Ms: 7709 7710 Ad d t' 1 Re po·('.:ts : No P'('otected : No Rcv'd By: 113 Day: MON Date Committed: 08/30/99 Time Committed: 23 . . iYJess. Key Cont'rol Num be'(' (OCA) Cant; . Agency NCIC Ident. ~ Cm3) ECl ';191301938 MN0731100 Date Repo'rted (I~:PD) Time Repol'ted <TRP) Location G'l'id Numbe'l' (LGI-I) 08/30/99 23 : i5 Place Committed (PLC> ~ 11 IS TH A\"'E NW HI:;:D SqLtad/Bad ge » (~3Bt~ ) Time f4ssig. <TAS) Time Ar·l'. <TAR) rime Cl't'. (TCU R 7709 ':)~ : 1'" 23 : 16 J'- : 5i .....j ~I ...,j I S N U 0 C U C S 01 92513 ':j . "w':~ '. ~.. .,:"" h~·\iH,·.;l,X{tli~~~._~{;:~~~~\·~:.'.., ~',~ , '.- " . ST.. JOSEPH POLICE DEPARTMENT SUPPLEMENTARY REPORT ICR# 99001938 COM~LAINANT:ST J6SEPH POLICE DEPARTMENT _ ~;¡SE. NOrSEOR~rNANCE VIOLATION ON ~8¡3Ø/~~ .. AT·· 231 5HRS DISPATCH ADVISEnl1E OF·A COMPLAINT OF A LOUD PARTY ¡:n 11 6TH AVE NW IN THE CITY OF ST JOSEPH. THE COMI:1LAINANT STATED THAT THEFŒ (¡JAB LOUD 'IIJSIC AND LOTS OF PEOPLE OUTSIDE THE HOUSE. IN (-iDDITION, SOME OF THE HmIll)IDU('~LS OUTSI~E THE HOUSE I-JERE ATTEI'1PTING TO ,,¡:rICK FIGHTS" WITH ¡:C¡::¡SSING MOTOFnSTS. UPON OUR ARFnl.,'AL, -OFFICER DAL~GE AND ¡'1YSELF 1 DID t~OTSEE ANYONE IN THE STREET OR IN TI··IE YI:¡RD1, HOWEl.,IER I COULD SEE ONE PEF,SON THROUGH AN UPSTAIRS WIN~OW. ¡:¡S SOON I~S TI·.¡rS PEI:;:SON t~OTICED, ME HE LOCKED THE . DOO~lS AND TURNE.D OFF ALL OF THE LIGHTS,. AT' THIS POItHI WAS STA~DING INTI-E MIDDLE OF WEST l'lINNESOTA ~3T. FROI'l THIS LOC¡~TION I COULD SEE L.IGHTS ON HI THE :BI~SEMENT AND HEAR A Loud STEI:;:EO. THEi STEREO l,JAS SO LOUD AI-ID I COULD HE¡::¡R THE WORds so CLE¡::¡F:LY i ¡:;:E.COGNIZED THE smm. MYSELF AND OFFICE¡=;: DAL0GE THEN WALKED UP TO THE HOUSE (:¡HD I'IET WITH ONE OF THE ¡:ŒI'I~E¡:;:S WHO H¡::¡l) JUST ARFU l,.'ED AND HE LET US' HITO THE HOUSE. THE I:;:ENTEI:;:S WEFŒ TED STEVEN SOVJIEJI~ 11/26/77, G¡:;:EG 1'10HS, AND ~1(.:¡r MOHRENWE.ISER~ UPON ENTEFnt~G THE BASEMEtH OF THE HOUSE I dBS9RVEDAPPROXIl1~TËL y 35 PEOPLE THROUGHOUT THE. DIFFERENT ROO~S ALL OF WHIC~ APPE.ARED~O BECONSUMINGALCOHOL~DR AT LEPI'""T H('4D AN ALCOHOLIC CONHUNE¡:;: IN FI~ONT ,OF THEM. WE GI~n~ERED THE PEO¡::'I~E. UP IN A F<OW IN OFWE¡:~ TO CHECK ID'S. AS I WEJ-I'rtro THE ßl1WiD ¡ CAI~ TO GET THE PBT, i'lANY OF THE PJ:;OPLE i~I'':¡I'' OUT 1f,)N UPSTAH-:S DOO¡=;: WHICH WAS NOT B.EING WATCHED. THREE PE()~LE WERE , S,:nED I FOR U,INDEI:;:J~GE" CDNSUI'IPT I 01-1, AND THE I~:ENTEF<S WEF:9 GIVEN (.¡ WAF~NING FOH THE LOUD pmnYUISTEAD OF RECEIlnrlG I~, 1,,.11:;: :nTENCI:;: I ¡'I:r NI~L C I niT ION. II OFF~CER PAUL R SCHLEY #7710 ST lOSEPH POLICE ~EPARTMENT M-¿55;G-cr<¡ _ L'j;t:--r : &-r-..l cJ~¡y'[" f)/V5V/Y".I:-/\/{r m/9C/:f-::T,,-v C ;¡,þl!<1CJ . i Q73() /fJ?-5 .;.--..... I ';;':';;,:;: .' '·;'·Nrf:M~·];:."'1 . Resolution Re~ardin~ Enforcement of Housin~ Re~ulations . WHEREAS, the City of 81. Joseph is currently has in place an ordinance authorizing the revocation or suspension of a rental license in the event of a determination that illegal or unlawful activities are occurring upon the rental premises; WHEREAS, as a matter of policy, the City has not considered revocation or suspension of a rental license for a violation of the City Noise Ordinance until the occurrence of a second violation within the license period; WHEREAS, this practice has failed to effectively eliminate noise violations at rental properties, especially during the months of April and May; WHEREAS, the City Council has determined that a change in policy will promote the peace, comfort and repose of the citizens of 81. Joseph; WHEREAS, the City Council has also made a determination that the owners of rental properties have allowed occupancy by a number of tenants in excess of that permitted by the zoning of the property or otherwise permitted under the City Housing Ordinance; and WHEREAS, the City Council finds that occupancy by tenants in excess of the specified number creates risk of injury to the occupants, a disruption to adjacent properties, and other adverse consequences . tothe health, peace and repose of the citizens of the City. THEREFORE, the City Council hereby resolves: 1. For the rental license year commencing in August of 1996, it shall be the policy of the City of 81. Joseph that any ordinance or statutory violation occurring at leased premises may result in suspension or revocation, even if the violation is the first violation during that license year. Immediate notice of the violation shall be provided to the property owner and the City Clerk shall ' expedite the hearing ofthe matter to bring it before the City Council as soon as permissible under the law. 2. That it shall be the policy of the City Council to suspend or revoke the rental license for . any property where it is determined that the owner has knowingly permitted occupancy in excess of that permitted under ordinance, or has failed to make reasonable inspection or take reasonable steps to assure that occupancy in excess of the permitted number does not occur. 3. That the City Clerk! Administrator is directed to provide a copy of this Resolution to· all - landlords applying for rental license for the 1996 - 1997 rental year. This Resolution is adopted by the City Council for the City of 81. Joseph this 11 th day of July, 1996. C~S~uJ.~ . Mayor ~1f&it~ Clerk Administ ato "',.- If> . I ORDJANCE 102: REGULATIONOFNOISE. I ' Section 102.1: Noises Prohibited. No person shall make or cause to be made any distinctly and loudly audible noise that unre~sonably or unnecessarily annoys, disturbs, injures or endangers the comfort, repose, health, peac~, safety, or welfare of any person or precludes their enjoyment of property or affe9ts their property'sval~e. This general prohibition is not limited by the specific restrictions of unlawfUlI acts listed in Sectiori 2. Sectionl02.2: Unlawful Acts. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this Ordinance, but said enumeration shall not be deemed to be exclusite. I , Subd.l: Horns, Audible Signaling Devices, Etc. No person shall repeatedly sound any audible Signalilg device on any vehicle except as a warning of danger. I Subd. 2: Exhaust. Np person shall discharge the exhaust or, permit the discharge of the exhaust of any.. teamenglne,stlti0nary internal combustion engine, motorboat, motor vehicle, or snowmobile or . other r~creational vehicle, excje, pt through a muffler or other device that effectively prevents loud or explosiwenoises therefrom a1}d complies with all applicable state laws and regulations. Subd.3: Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Subd. 4: Loading, Unloading, Unpacking, Opening of Boxes. No person shall create loud and excessi e noise in loading, UI)Joading, unpacking any vehicle, or the opening and destruction of bales, boxes, rates or containers. , Subd.5: Radios, Phúnographs, Paging Systems, Etc. No person shall use or operate or permit the use of operation of any rario receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturblthe peace, quiet, and ~omfort of any person residing in the neighborhood at any time, with louder volume than is reasonably necessary for convenient hearing of the person. or persons who ,are in the room, vehicl~ chamber, or im, m, edi~, te vicinity in which.such machine or device is being operated. opera"tion of any su~h set, instrument, phonograph, machine, or other device in such a manner as to be plainly audible at the ~roperty line of the str4cture or building in which it is located, in the hallway or apartment adjacent, or at tl~e property line. if the sþurce is located outside a structure or building shall be prima facia evidence of a vit'latiOn of this section. ¡ , , Subd.6:Participatiob in Noisy Parties or Gatherings. No person shall participate in any party or othergather;ng or pennit an~party or other gathering of people giving rise to noise, disturbing the peace, quiet,~r repose of another p~rson. When a police officer receives a complaint and determines that a . gathering is creating such a noise disturbance, the officer may order all persons present, other than the " " , owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person . shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Any such noise which has the affect of disturbing the peace, quiet, or repose of another person and is heard outside the limits of the real estate from which the party is occurring shall be such a noisy party or gathering which constitutes a violation of this ordinance. Subd.7: Animals. No person shall keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. Section 102.3: Hourly Restriction on Certain Operations. No person shall, between the hours of 9:30 p.m. and 6:00 a.m. drive or operate any minibike, or other recreational vehicle not licensed for travel on public highways. Snowmobiles and ATVs shall be controlled by the operation of the Snowmobile and A TV Ordinances and this Ordinance shall not cover the operation of snowmobiles. Section 102.4: Landlord's Liability. Violations of the noise control regulations shall be the act of the owner of the residential dwelling unit even though he does not reside in the unit as well as the persons on the premises who violate said regulations, except that the owner shall be liable only for those violations occurring after receipt of written notice from the City of St. Joseph or its police department of a violation of the noise control regulations having occurred at the residential dwelling unit. For purposes of this section, owner is defined to include corporations and partnerships as well as individual owners. Section 102.5: Enforcement. . Subd. 1: Enforcement Duties. The police department shall enforce the provisions of this Ordinance. Subd. 2: Civil Remedies. This Ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Subd. 3: Criminal Penalties. Every person who violates any provision of this Ordinance is guilty of a petty misdemeanor. Any individual who is convicted of three or more violations within a three year period shall be guilty of a misdemeanor. Plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 102.6: Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid" it shall not affect any other section, provision or part. . \ =~:: Pú}/2õÏ · RENT ALHOUSIN.G LI CENSEAPPLlCATION ¡ , TO BE fO:Pu=T~D BY rOPE~TY OWNER/MANAGER: Rental Address,:. )." ",. $50 I 11 - 6th Ave NW ¡, ..' Tim Kiernan "";'·""i,·',,,-,_~,,,.,,^"J.·,,,_,,,,- . I . -, ~,-,......-.,.'...,..-.."...,,". Owner Infofrnati.9n Name: Addresl Phone: I Manager Information I Name: I 5~ ~ Addres : Phone: · , , , TO BE COMPLETED BY RENTAL HOUSING INSPECTOR ! , Number of Units Licensed Number of ' Bedrooms ( Number of Kitchens Number of Bathrooms 3 Number of Tenants ALlU~. Exterior of Buildin wood, brick, other ~ ~);J ~J Date ¥...........~cxj £-~2~.~Ç) Renta Housing Inspector Date · ¡ I I FEE PAID: I I ENTERED: RENTAL HOUSING TENANT LIST . Unit # ~~~~~~" Name Of Occu ants , .,- Unit# Name Of Occu ants Unit# .=.~ ~ n. .u. ___ _. _.______...~~. 'Un Name Of Occu ants . Unit# Name Of Occu ants Unit# ~'-".". - --" --, ~ Name Of Occupants . . Extract of the September 19, 1996 City Council Meeting RE: Kiernan Noise Violation Rental Licènse Period: August 15, 1996 through August 14, 1997 Page 3023 Housin Violation Hearin : ~t 7: 15 p.m. Mayor Reber opened a hearing to consider a noise violation receivefby Tim Kiernan, property owner of, and rental license holder for 11 - 6th Avenue NW. The ViOlati~ was received from an incident occurring on September I, 1996. Officer Young descn"bed hearing loud music coming fröm the house. Monica Kiernan, daughter of the owner apologized and stated s e had not realized ho)v loud the music was until the Police Officer talked to her. Mayor Reber reinfor led the importance of~especting the neighbors and maintaining quiet in residential neighborhoods. He furtrer indicated if another noise violation occurs there will be a strong penalty. Mayor Reber made a motion ¡to find there was a noise violation but no action will be taken now, but if another occurs this violation may be reconsidered along with additional violation. Loso seconded the motion. Ayes: Reber, Rieke) Loso, Hiemenz. Nays: None. Motion Carried 5:0:0 . '¡"... . Q W ~ ~ Q ~ ()1 a: 'J1-J-JaJ .....¡ W:Z: < :J <9 UJ¡"'U. O¡...OZ 01 en < H ~ UJ UJ :;.0 0·1- F$! 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Gohman Construction Co. Fax 320-251-5896 County Rd 75 & 133 St. Joseph, MN 56374 rajhan@ctoudnet.com Re: City of St. Joseph - Roske Property - Bank Our File No. 19949 Dear Bruce: Enclosed herewith please find a revised Purchase Agreement for the acquisition of the Roske property for the construction of the new bank building. I have enclosed a redlined copy as well as the clean copy showing the changes. The changes are minimal, and I hope that they will not cause any concern. Let me know when you wish to proceed with the execution of this Agreement. . Very truly yours, IERLTD. Frank J. Rajkowski .. Gordon H. Hansmeier Frederick L. Grunke Thomas G. Jovanovich' John H. Scherer' Paul A. Rajkowski' mS/baz Enclosure Kevin F. Gray William J. Cashman CC: Carl Schmidt Mayor Ken Hiemenz Richard W. Sobalvarro Chad Carlson Beth 5. Thompson Lotte R. Hansen Mark E. Arneson Scott G. Hamak . PatrICk J. Larkin Frank 1. Rajkowski and Richard W. Sobalvarro are admitted to practice in North Dakota. Gordon H. Hansmeier in North Dakota and Wisconsin. Paul A. Rajkowski in Wisconsin and William 1. Cashman in South Dakota. . Member of American Board of Trial Advocates. 'Qualified AOR Neutral. .~ ,< · September 8, 1999 Page Tk,o "">"'" "I B.P.S. ['0 @~~:MAYOR!HIEMENZ AND CHAD: , , Please et me know' if there are any other issues regarding this contract. If it has not already been approvfd by the Town Board, it should be forwarded to the Town Clerk and placed on the Board'l agenda as soon as possible. It may also be necessary to ~llow Gohman onto the property to commence surface earth work before bIosingto keep this project on schedule. That is something that we can look at if necesstry. Under that scen~rio, I would suggest that we grant the license to allow the work to proceer with the understanding that if the transaction does not go through for some reason (such as failure of the bank to receive regulatory approval to relocate), then Gohman would have to restore] the property. Quite: honestly, I don't believe that approval will be an issue, and it is for that reason that I would fed comfortable with the work commencing, pursuant to awritten license agreement, before the property actually closes. We can see later if that becomes an issue. 1 - · JHS · 0. PURCHASE AGREEMENT THIS AGREEMENT is made as of , 1999, between The City of St. e Joseph, a Minnesota political subdivision, and Town ofSt. Joseph, a Minnesota political subdivision, Gointly "Seller"), and W. Gohman Construction Co., a Minnesota corporation ("Buyer"). In consideration of this Agreement, SeHer and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy tfomSeller, the following property: The real property located in Stearns County, Minnesota, described on the attached Exhibit A ("Land"), together with all easements and rights benefiting or appurtenant to the Land (collectively the "Property") . 2. Purchase Price and Manner ofPavment. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be One Hundred Ninety-Six Thousand, One Hundred Fifty and 30/100 Dollars ($196,150.30). The Purchase Price shall be payable as follows: (a) Five Thousand and 001100 Dollars ($5,000.00) as earnest money ("Earnest Money") which Earnest Money shall be held by Rajkowski Hansmeier Ltd. Trust Account ("Escrow Agent") in escrow in accordance with the terms of this Agreement. . (b) One Hundred Ninety One Thousand One Hundred Fifty and 301100 Dollars ($191,150.30) in cash, certified check, bank draft, orby wire transfer dfU.S. Federal Funds to be received on or before the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: (a) Representations and Warranties. The, representations and '. warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring-down Certificate"). (b) Title. Title shall have been found acceptable, or beenmadeacceptable, in accordance with the requirements and terms of Section 6 below. (c) Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall . be the foHowing: . (i) Seller shall,allow Buyer, and Buyer's agents, access to the £ropertywithout charge and at all reasonable times for the purpose of Buyer's investigation and testiqg the same. ' Buyer shall pay all costs and expenses of such investigation and *sting and shall hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further repair and resto:re any damage to the Property .caused by. or occurring during· Buyer's testi~g' and return the Property to substantially the same condition as' existed prio~ to such entry. i (ii) Seller shall, at its cost and expense, cause the Property to' be surveyed and platt~d by a Registered Land Surveyor properly licensed to practice in the statejwhere the Property is located and reasonably acceptable to Buyer. The surv~y shall,locate all wells which' are on the Property. The Seller shall be resp~msible for securing plat approval and recording prior to closing. (iii) Sell~r shall execute such rezoning applications, plats", ,environmental wor~sheets and other documents. as may be required by governmental bodies to a9complish the foregoing. (d) Testing. B~yer shall have determined, on or before the Contingency Date, that it is satisfied with the results of and matters disclosed by soil tests, well tests, engineering inspections, I hazardous waste and environmental reviews ,of the Property, all such . tests, inspeqtions and reviews to be obtained at Buyer's sole cost and.expense. I (e) Government Approvals. Buyer shall have obtained at its sole cost and expense on or before the. ¡Closing Date all final governmental approvals necessary in Buyer's judgment iriorder to make the use of the Property which Buyer intends. (f) Finanèing. Buyer. shall have received on or before the Closing Date a Commitment acceptable to Buyer for the proceeds of financing necessary and sufficient in Buyer's opinion to i,mplement Buyer's plans for and complete the purchase of the Property. I (g) Third-PartYApproval." That the First State Bank of St. Joseph receive approval from theF ederal Deposit Insurance Corporation and the Banking Division of the Minnesota I Department of Commerce to relocate its main office to the Property. The "Contingency Date" ~hall be thirty (30) days after the date of this Agreement If any such contiagenCYhasnotbeen~atisfied on or before the Contingency Date or Closing Date, as the case may r thenthis Agreem~nt may be ternrinated, at Buyers optio" by written notice from Buyer to Selle. Such notice of termination maybe given at any time on or before the Closing Date. Upon suchermination, the Earnþst Money and any interest accrued thereon shall be released to Buyer and upon!suchreturn,neither party will have any further rights or obligations regarding this Agreement or the Property. ,All the contingencies set forth in this Agreement are specifically stated and agreed . t()be !forthe sole and excl~sive benefit of the Buyer and the Buyer shall havetherighttounilaterally waiv any contingency by!written notice to Seller. , I 1 2 ! ! i , i .. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before forty~five (45) days from the date of this Agreement. This Closing shall take place at 10: 00 a.m. local time at the office ofRajkowskiHansmeierLtd" St. Cloud, . Minnesota, or at such other place as may be agreed to. Seller agrees to deliver possession ofthe Property to Buyer on the Closing Date. (a). Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): (i) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (ii) Opinion of Seller's Counsel. An opinion of Seller's counsel, dated as of the Closing Date, in form reasonably satisfactory to Buyer, that Seller has the requisite power and authority to enter into and perform this Agreement, and the Seller's Closing Documents have been duly authorized by all necessary action on the part of Seller and have been duly executed and delivered; that the execution, delivery and performance by Seller of such documents do not conflict with or result in a violation of any law, judgment, order or decree of any court; that such documents are valid and binding obligations of Seller, enforceable in accordance with their terms. (iii) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing . Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Property. (iv) IRS Form. A Designation Agreement designating the "reporting person"for purposes of completing Internal Revenue Form 1099. (v) Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat. Section 10310r if there are "Wells", a Well Certificate in the form required by law. (vi) Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. Section 116..48. (vii) Septic Disclosure. The requisite septic disclosure statement as required by Stearns County~ (viii) Other Documents., Allother documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all . encumbrances. . 3 , . (b) ,Buyer's Closing Documents. 'On the Closing Date, Buyer will execute and/or deliver to Seller the following (colh~ctively, "Buyer's Closing Documents "): (i) Purchase Price. The Purchase Price, by cash, wire transfer of U.S. Federal Fund$, bank draft or by certified check to be received on or before the Closing Date.: , (ii) Opinion of Buyer's CounseL An.opinionofBuyer's counsel, datedasofthe Closipg Date, in form reasonably satisfactory to Seller, that Buyer has been duly incorporated and is in good standing under the laws of the State of 1 Minn,esota; that Buyer is duly qualified to transact business in the State of Minn;esota; that Buyer has the requisite corporate power and authority to enter! into this Agreement and the Buyer's Closing Documents signed by it; I that such documents have been duly authorized by all necessary corporate 1 actioµ,on the part of Buyer and have been duly executed and delivered;'that the ekecution, delivery and performance by Buyer of such documents do not conflict with or result in a violation of Buyer's Articles ofIncorporationor Byla~s 'or any judgment, order or decree of any court or arbiter. to which Buyer is a party; and that such documents are valid and binding obligations of Buye'r, enforceable in accordance with their terms. ~ . (iii) Title Documents. Such affidavits of Purchaser, Certificates of Value or other docu¡:nents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Title Insurance Policy required by this Agreement. 1 5. Prorations. ~eller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: , (a) Title Insurance and Closing Fee. Seller shall pay for the cost of preparation of an Abstract of Title with appropriate searches, continued to date. Buyer will pay all costs of thel Title Evidence, the ALTA Form B 1990 Owner's Title Policy, title opinion and ¡the fees charged by Title for any escrow required regarding Buyer's Objections. ,Buyer will pay all additional premiums required for the issuance of any mortgagee's ITitle Policy required by Buyer., Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent. 1 I (b) Deed Tax. ,Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by ,Seller under this Agreement., Buyer shall pay all Mortgage Registry Tax regarding the recording of any mortgage securing the Buyer's loan. (c) Real Estate Taxes and Special Assessments. General real estate taxes and installments . of special assessments payable therewith payable in 1998 and all prior years will be paid by Sellpr. General real estate taxes and installments of special assessments 4 i payable therewith payable in 1999 shall be prorated by Seller and Buyer as of the . Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate ¡i~i~i¡._·iiiiIM\~.. (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in. the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date; and Buyer pays that part of such operating costs payable from and after the Closing Date. (f) Attornevs' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examinatiãn will be conducted as follows: (a) Seller's Title Evidence. Seller shall, within twenty (20) days after the date of this . Agreement, shall furnish: (i) Abstract of Title. An Abstract of Title to Buyer certified to the current date to include all appropriate judgment and bankruptcy searches. (ii) Survey. A survey prepared by a registered land surveyor licensed to practice in the state where the Real Property is located showing the Real Property and location of all buildings and easements (b) Buyer's Objections. Within ten (1 0) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have sixty (60) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment ofmoriey,Buyer shall have the right to apply a portion ofthe cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured . 5 . . within such ,Sixty (60) day period, Buyer will have the option to do any of the following: (i) Terrnfnatethis Agreement and receive a refund of the Earnest Money and the inter~st accrued and unpaid on the Earnest Money, if any. (ii) Withpold rrom the Purchase Price an .amount which, in the reasonable judgrpent of Title, is sufficient to ,assure cure of the Objections. Any amount so ~thheld will be placed in escrow with Title, pending such cure.' If Seller doeslnot cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure suchObjections and charge the costs of such cure (including reasonable attorneys' fees) against the escrowed amount. If such ¡escrow is established, the parties agree to execute and deliver such docufTIents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. (iii) W ai~e the objections and proceed to close. 7. . Operation Pnor to Closing. During the period rrom the date of Seller's acceptance ofthìs reernent to the C1Î>sing Date (the "Executory Period"), Seller shall maintain theProperty, . includi ' g the maintenance o~ adequate liability insurånce. However, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or b~fore the Closing Date, without the written consent of Buyer, which consent may be withheld by Buybr at its sole discreti6n. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Corporationl Authority. Seller has the requisite power and authority to enter into and perform this Agreement and those, Seller's Closing Documents signed by it; such documents Have been duly authorized byall necessary action on the part of Seller and have been dJly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of any law, judgment, o'rder, or decree of any court; such. documents are, valid and binding obligations 9f Seller, and are enforceable in accordance with their terms. , (b) Title to Real Property. Seller owns the Real Property, rree and clear of all encumbranc~s except the Permitted Encumbrances. (c) Utilities. , Seller has received nO notice of actual or " threatened reduction or 1 curtailment of any utility service now supplied to the Real Property. . (d) Assessments. Seller has received no notice of actual or threatened special assessments! or reassessments of the Property. 6 . (e) Environmental Laws. To the best knowledge of Seller, no toxic or hazardous · substances' or wastes, pollutants or contaminants (including" without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to (i) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state law or local ordinance, (ii) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require. a permit under the Federal Water Pollution Control Act, 33 U.S.C, Section 1251 et seq., or the Clean Air Act, 42 U.S.c. Section 7401 et seq., or any similar state law or local ordinance. To the best knowledge õfSeller, there are no substances or conditions in or on the Property. that may support a claim or cause of action under RCRA, · CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including . without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B ("J\.1ERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 115C. No part of the Property is a "Wetland", as defined by law. Seller has disclosed to Buyer all environmental reports and studies with respect to the Property which are in Seller's possession. (t) Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others thatrnight prevent the consummation of this Agreement. (g) Seller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Property. (h) Proceedings, There is no action, litigation, investigation, condemnation or proceeding of any, kind. pending, orto thebestknowledgeQfSellertl1.r~ateIled ag~Il~t ~~ller()r any portion of the Property. · 7 . . (i) Wells. Th. e SÞ,.llercertifies and warrants th~tthe Seller does .not kno,w of any "Wells" on the described Property within the meaning of Minn. Stat. Section 1 031. This representation is intended to satisfy the requirements of that statute. i CD Storage Tanks. To the best knowledge of Seller, no above ground or underground tanks, are located on the Property, or have been located under or on the Property and . .. I ... .. . ... .. have 'subsequently been removed or filled. Seller 1ill indemnify Buyer, ¡its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless rrom, aþy expenses or damages, including reasonable attorneys' fees, that Buyer incurs b:ecause of the breach pf any of the above representations and warranties, whether such breach isdiscorered before or afte~ closing. Each of the representations 'and warranties herein contained shall survive the Closing. Wherever herein a representation .is made "to the best knowledge of Seller", (such representation is limited to the actual knowledge of the Seller's elected officials. Except as hereirexpressly stated, ~uyer is purchasing the Property based upon its own investigation and inquiry and is not relying on ~ny representation of Seller or other person andis agreeing to accept and purcha~e the Property "as is,! where is" subject to the conditions of examination herein set forth and the expfess warranties herein [contained. Consummation of this Agreement by Buyerwith knowledge of any such breach by Seller rvill not constitute a waiver or release by Buyer of any claims due to such breach. ' f.Representations and Warranties by Buyer. Buyer represents and warrants to Seller . that Bu er is duly incorpora~ed and is in good standing under the laws of the State ofMinIlesota that Buyer i 'dUlY. ,qualified to tr~"n, sact business in the State of Minn. esota; that Buyer has the,req, U,isite of corpor te power and autho~ty to enter into this Agreement and the Buyer's Closing Documents signed ~y it; such documents: have been duly authorized by all necessary corporate action on,the part ofBuy~r and have been duly executed and delivered; that the execution, delivery and performance by Bu~~er of such docume~tsdonot conflict with or result in violation of Buyer's Articles of Incorp , ration or Bylaws or ~ny judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are yalid and binding obligations ofBuyer, and are enforceablein accordance with thrirterms. Buyer will indemnify Seller, its successors and assigns; against,' and will hold Seller, itssuccFssorsand assigns,h~rmlessrrom, any expenses or damages, including reasonable attorneys' fees, tHat Seller incurs because of the breach of any of the above representations and warranties, whethet such breach is disco~ered before or after closing. Consummation ofthisAgreement by Seller with k10wledge of any suchl breach by Buyer will not constitute a waiver or release by Seller of any claims rue to such breach. i 10. CondemnatiÓn. If, prior to the Closing Date, eminent domain proceedings are commenced against all or anY part of the Property, Sellershall innnediately give notice to Buyer.of such f+t . and at Buyer's op:tion (to be exercised within, thirty (30) days after Seller's notice), this Agreerrent shall terminate,lin which event neither party will have further obligations under this Agreeryent and the Earnest Money, together with any accrued interest, shall be refunded to, Buyer. IfBuy~r shall fail to give suc,h notice then there shall be no reduction in the Purchase Price, and Seller . shall assign to Buyer at the posing Date all of Seller's right, title and interest in and to any award 8 I í i ! I , i made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not . designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 11. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 12. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorneys' fees' in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amouñt to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification . obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 13. Assif?;nment. Either party may assign its rights under this Agreement before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 14. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. IS. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of St. Joseph Attn: City Clerk . P.O. Box 668 St. Joseph, NíN 56374 9 " ' . . : Ifto Seller: Town of St. Joseph· Attn: Town Clerk ~~~~~ªip··'~~lj'.·:~~~!~·..~: SÐJôg&PñN~\5ô5ff.4 , i , If to ßuyer: W., Gohman Construction Co. Attn: Bruce Gohman County Road 75 and 13 3 St. Joseph. 56374 Notice~ shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesr provided, howevfr, tlmt £ norice is~ven hy depoSIt, that the time fgr response to any notice 'y the other party shall commence to run one business day after any such deposit. Any party may ch nge its address for tbe service of notice by giving written notice of such change to the other , party, r any manner ahove :specified, 10 days prior to the effective date of such change. 16. Captions. T,he paragraph headings or captions appearing in this Agreement are for convenrence only, are.not a¡part oftfus Agreement and are not to he considered in interpreting this Agreerent. . .17 Entire AgrJment: Modification,;fus written Agreement constitutes the complete agree ent between the paI¡ties and supersedes any prior oral or written agreements between the parties regarding the Propefty. There are no verbal agreements that change this Agreement and no waiver of any of its terms Will be effective unless in a writing executed by the parties. , 18. Binding Effect. This Agreement binds and benefit$ the parties and their successors and assigns. i 119. Controlling Law. This Agreement has heed made under the laws of the State of Minne 'ota, and such laws 'MIl control its interpretation. 20. Remedies. ¡If Buyer defaults under this Agreement, Seller shall ,have the right to terminatethis Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 . day; of the date gf such:norice,this Agreement will tenninate, and upon s\lch tennination Seller will re ain the Earnest Moriey as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will, be the sole remedy aVailaie to Seller for suchidefalÙthy Buyer, and Buyer will not.pe liaple for damages or specific perfor ance. If Seller, defaults under this Agreement, this provision does not preclude Buyer ITom , seekin . and recovering ITom Seller specific performance ofthis Agreement. Buyer shall ha'le no right to see damages from Sell~r for Seller's defaults hereunder. If Seller defaults under this Agreement, Buyer shall have no right to seek damages ITom Seller for Buyer's loss of its bargain in failing to . acquire the Property, but Buyer shall recover as damages ITom Seller all of Buyer's out-of-pocket costs And fees including ,without limitation attorneys' fees, accountants' fees' and other consultants' fees· i curred by Buyer inlpreparing and negotiating this Agreement" preparing for the closing, i I I 10 1 , " t' obtaining financing commitments, investigating the status, title and condition of the Property, and . other similar and reasonable costs and expenses. 21. \Vithdrawal of Offer. This Agreement shall be deeIl1ed to be -withdlaWll unless accepted by both paIties and fully executed copies of this Agleelílent all or before Ma-y, 1999. Seller and Buyer have executed this Agreement as of the date first written'above. CITY OF ST. JOSEPH Date of Signature By Its SELLER Taxpayer I.D. Number: TOWN OF ST. JOSEPH ~ Date of Signature By . Its SELLER TaxpayerI.D. Number: W. GDHMAN CONSTRUCTION CO. Date of Signature By Its BUYER Taxpayer J.D. Number: . 11 ^ 0 ~v Rajkomki 1.th Avenue North ~T~~~~Ar~I Ltd. '.0. Box 1433 it. Cloud, MN 56302-1433 , September 8; 1999 320-251-1055 roll Free 800-445-9617 Mr. Greg R~inhart , First State B~nk of St. Joseph 'ax 320-251-5896 25 North Co¡llege Avenue St. Joseph,~ 56374 rajhan@cloudnet.com Re: Negdtiations for Purchase of Bank Building and Land , Dear Greg: I Enclosed herewith please find a revised draft of the Purchase Agreement for the City's acquisitiän ~fthe bank. I am sending you a redlined c,opy showing the changes from the original draft as well as a clean copy. I am also sending a draft of this Agreement to the City Clerk,~ayor and EDA Direcfor for their review. . This revised :documentis based upon the discussions at our recent meeting. It still must undergo the 'review and approval of the EDA Board and City Council. I will let you know if there are any other changes recommended. Frank J. Rajkowski ." Very truly yours, Gordon H. Hansmeier RAJKO\VSKI HANS:MEIER LTD. Frederick L. Grunke Thomas G. Jovanovich" John H. Scherer " Paul A. RaJkowski" Kevin F. Gray JHSlbaz William J. Cashman Enclosure Richard W. Sobalvarro i CC: Carl ,Schmidt Beth S. Thompson The Hon. Ken Hiemenz , Lotte R. Hansen Chaq Carlson Mark E. Arneson S.Hamak PatneK J. ,Larkin frank J. Rajkowski and Richard Sobalvarro are admitTed to practic'T in North Dðkota. Gordon H. Hansmeier in North Dðkota and Wisconsin. Paul A Ra}kowski in Wisconsin and William J. Cashman in South Dakota. , I' Member of American Board ofTr;'at Advocates. "Qualified ADR Neutral. ! v · September 8, 1999 Page Two B.P.S. TO CARl, MAYORlllEMENZ, AND CHAD: Please review this revised copy. We have made a number of changes which I believe to be reasonable under the circumstances of this transaction. Please let me know if you have any questions or concerns. At some point, this must go back before the City Council for approval. I would also note that the purchase price was increased by $10,000, to represent the purchase of the furniture. For tax purposes, that additional consideration was based primarily upon the building and land as opposed to the personal property and furniture. From the City's prospective, that is of no consequence. Let me know if you have any questions. - JHS · · . PURCHASE AGREEMENT THIS AGREEMENT is made as of , 1999, between First State Bank of.§.t...I9ê.Ëph, a Minn~sota State Bank ("Seller"), and the St. Joseph Economic Development Agend~µt~ºgi.Y, a :Minnesþta public city, ("Buyer"). i , In consideraÜon of this Agreement, Seller and Buyer agree as follows: i I 1. Sale of Proper tv. Seller agrees to,sell to Buyer, and Buyer agrees to buy from Seller, the foll wing property (coll~ctively, "Property"): (a) Real Property. The real property located in Stearns County, Minnesota, described on the attached'Exhibit "A" ("Land") together with(1) all buildings and improvements constructed or located on the Land ("Buildings") and (2) all easements.ªn4.dgÞJ~ benefitting or appurtenant to the Land (collectively the "Real Property"):mbj~B.ÐtH ~Þ¢:::¡~R¢'~I~¢ª::·Ê.rt¢~¡ÞtÄij¢¢$,:~:·~¢t::f~ftÞ::.~µ·[.I¡I~ª:·~~Þtt:::~f!!1ì..¡1:. ,...... ..... ...,...... (b) . PersonalPropertv. The mrWNr~~µª:91~r:·'personal property situated in or about the Real Prope~y owned by Seller, as described on the inventory attached to this Agreement ~s Exhibit "B" ("Personal Property"). - . (c) Warranties. i Seller's interests in all warranties and guaranties (~t:~µy~:':given to, assigned to ¡or benefitting Seller or the Real Property or the Personal Property regarding the acquisiÜon, construction, design, use, operation, management or maintenancei of the Real Property and the Personal Property ("WarranÜes"). I (d) Plans. All driginals and copies of the as-built bluepdm~~,pJiffi~.,ª=Ð:fl~R~S.~Bs~ti.Sms ~[~;;~~~:s;~at~~i]ti~i1.i~fíif..i¡=~l.~i~~r~¡I!~'î~11Ir~ril~II~ ~.mn~;: 2. Purchase Price and Manner ofPavrnent. The total purchasepQ.s~ ("Purchase Price") to be ~aid bYJ3uyerto Seller for the Property shall be Five Hundred Thirty RQrtY-Five Thousand and 09/}9.g"..Œ??:ft5, 000. 99)p~llars allocated amongst separate elemen~~9f!.þ':.~?roperty as follows: $$44~~ºº;Q~t:to }ffilq,Ig.:t ~ to buildings; and $Jlººº;:QQ:to personal property and i' mtili~µÎ¢. The Purchase Price shall be payable as follows: ~ '''-,,- " (a) ~Êiv¢ Thbusand andOQ/l QO($fß OOO.QO}D.ollars.asearn~st money which earnest mgg~y:~halllbe held by:$!;m$.··Çþ~~tÝæ¡ij¢.~ª¡:~Þmt~¢.!::ØÞ~ ("Escrow Agent":þ.t m;rnm~~D in accordance with the terms of this Agreement. I ¡ ........................... ..,.......... (b) Five Hundr~d Thirty-fourgprty Thousand and 00/100 ($53-419,000.00) Dollars in cash, cert.ifi~qnch.eck, baI!k draft or by wire transfer of U.S. Federal Funds to be ..................... . received þy:':m~~~·on or before the Closing Date. , I , I 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: . (a) Representations andW arranties. The representations and warranties of Sellèr contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true-as of the Closing Date (the "Bring-down Certificate"). (b) Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (i) Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the-same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabiliti~~I~!~!!Hg:t9:.tÞ.~.J~HY.~r'~:~.9.1tYÜ!~~:<:<J:3,uyer . shall further repair and restore t~;IµY@J~~@1!~ºfª-ªºª:.~ºn~fiQº$~n any damage to the Real Property caused by or occurring during Buyer's testing :~~;~~~4.i:~~Q~;:~~;~~~~:9~~~.~~ç~~;~~~'i~iûi';f¡~tt~~wi~ m~:~~pgª~~º;q:QP::::t:êEi1.ª~Qµ·º~~::t¥i;~~~ijt. Buyer's entrance onto the Real Property shall be scheduled at times so as not to interfere with. Seller's business operations. (ii) On or before sixty (60) days prior to the Closing Date, Seller shall deliver to Buyer true and correct copies of all Warranties, Plans, and, Permitted Encumbrances for Buyer's review and analysis. (d) Testing. Buyer shall have determined, on or before the sixty (60) days trom the date of this Agreement, that it is satisfied with the results of and matters disclosed by soil tests, structural inspections, engineering inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. . 2 (e) Document Review. Buyer shall have determined, on or before the forty-five (45) days · prior to the i Closing' Date, that it is satisfied with its review and analysis of the Warranties, flans, and Permitted Encumbrances. , I (f) Financing. Buyer shall have received within sixty (60) days from the date of this Agreement ~ Commitment acceptable to Buyer for the proceeds of financing necessary a*d sufficient in Buyer's opinion to implement Buyer's plans for and complete th~ purchase, of the Property. I , (g) Regulatory Ä.pproval. The relocation of the Seller's bank operations must be approved by:the Federal Deposit Insurance Corporation and the Banking Division of the Minnesqta Commerce Commission. Upon execution of this Agreement, Seller shall aggressively seek the necessary approvals and will notify the Buyer in writing of the satisfaçtt9H9fth~~;~S~m!~p:g~g£~es. If these contingencies are not satisfied within sixty(GO)Qµ~·þ'µ#.gfl;::~'W@it)t%(:lg¡g) days of this Agreement, the Buyer, at its option, may cancel t,his Agreement or extend the contingency period for an...?:9.:sl.Üi9D:?:L!Þ.J.rty Qg)ßays. If the contingencies are not satisfied within ninety. (90)9.µ§::~<:1i#~ª::m {:1~ºJ days qf this Agreement, either party may cancel this Agreement. , (b) sifuliÎHtriéõili~'BÎ6~iri:::::i::::::šéÎÍI:~hIHíävê:thé:ãbiíil:fÔMÎõ~:ê::õ.ti::thé:i~äîê::ðf:ié·Ptg::a ..,.... ..----t- · . ',' ....,' .~.. ...... ," ,',., ,'.' ...... ...... ','. ',' .....', .....,'. If any such contingency ha~ not been satisfied at the time ,and in the manner herein described, as the case Jay be, then this Agreement may be terminated, at Buyer's option, by written noticerrom Buyer to sellfr. Such notice of termination may be given at least thirty (30) days before the Closing Date. Upon ~UCh termination, th~ Earnest Money and any interest accrued thereon shall be released to Buyer and upon such retu~, neither party will have any further rights or obligations regarding this Agreefent or the Property ~ All the contingencies set forth in this Agreement are specifically stated and agreed to .be for the sore and exclusive benefit of the Buyer and the Buyer shall have the right to unilatdrally waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the , "Closi g") shall occur on tqe earlier of the following: , (1) Within twer1!Y{7g1ª~y~gf.~h~r1Jþ'~.§eller receives a certificate of occupancy to oçcupy ~ij~.:::ßi~ptªç~lim::'Érgp~IY; a new building it is constructing in the City;ofSt. Joseph to use as its principal place of business; or (2) ~Q¡iI'iil....t__.11t' · 3 9~~:plý~·.~!~þ@1pªttYm~ý··~~gmgªt¢~lji$::~~¢~;~nt.ÞY·wtitt~~::#.Þ~~¢~~ª:'m~ . dihêH (a) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): ..................... ..................... ..................... (i) Deed. A ®.~ijµ~~if:Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (ii) Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, rree and clear of all encumbrances. (iii) Assignment of Warranties. An Assignment of Warranties, in form reasonably satisfactory to Buyer, conveying with waIIanties the Warranties to Buyer, rree and clear of all encumbrances, together with the consent of all parties ha~ing a right to consent to such Assignment. (iv) Bring-down Certificate. The Bring-down Certificate. - (v) Opinion of Selkr 's Counsel. An opinion of Seller's counsel, dated as of the Closing Date, in form reasonably satisfactory to Duyer, that Seller has been . duly incor por ªt~4... il11d.H i5... ~l1,.. g()()<:l. .s.t.ªp.4~l1,g .tlI1q.c::~... ~h~. Jªv:'.5... ()f JÞ~. .,. ~tª~~.. 9.f !vfinnesota, cóIÖtáté::Nâth8riiätiÕfii:::::::I::Ç9tþºr.I~::t~~µìt.ºA;I~ªÞP$Wpg that Seller is duly qualified to transact business in the State of Minnesota; that Seller has the requisite corporate power and authority to enter into and perform this Agreement, and those Seller's Closing Documents signed by it; that such documents have been duly authorized by all necessary corporate action on the part of Seller and have been duly executed and delivered; that the execution, delivery and performance by Seller of such dQçuII1ents do not conflict with or result in a violation of Seller's Articles ofIncorporation or By- laws, or any judgment, order or decree of any court or arbiter to which Seller is a party; that such documents are valid and binding obligations of Seller, enforceable in accordance with their terms. (vi) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechaIÙcs'liens could be filed; and ,that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity. . 4 · (vii) i{~~ii~ilii'.ì~iifiWfilliWarranties and Plans;i¡ìl!l , (viii) IRS Form. A Designation Agreement designating the "reporting person" for PurP9ses of completing Internal Revenue Form I 099. (ix) Well Certificate. A Certificate signed by Seller warranting that there are. no ,. - , . I "Wells" on the Property within the meaning of Minn. Stat. Section 1031 or if I therejare "Wells", a Well Certificate in the form required by law. I (x) Othe~ Documents. All other documents reasonably determined by BttyerWªi¡ ~~g~k;;~;;;;i:,i~~~:~~~~i~¡t~i~1ii¡~~~ï~~i~~Þi·~flj~¡~.~~i{Þ~~ m~:~~t~il~:9t~Þ:~~:lgrlmip~. (b) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the !following (collectively, "Buyer's Closing Documents"): (i) Purchase Price. The Purchase Price, by wire transfer of US. Federal Funds~ bank:dr aft: or certified check to be delivered to Seller on or before the Closing Date! .. , · I (ii) Cltý:::@ðt1iiHî:::ÂUtH6f1iãHHHOpinion of Buye1 '5 Counsel. An opinion of Buyer's GOUhSel, dated as of the Closing Date, in fOlIllreasonably satisfactory , to SelleI, that Buyer is duly qua~.é~9....!.9..~l.?:.t~~..9f.i.~.;}.~9.~~~ti..9..!}..9:If..q.~~..!Þ'?.).~.?.i..~. 9.fJh~:§Mt~.:.9.f.~1i1111esota, that ¡y.~ª~nq¢:::~p.::~~~:::îq.rm:::9t:fÞìl:º9µnqm:ß9n9p. ~~ªmi$mpg::mªt::Buyer has the requisite power and authority to enter into this Agr~ement and the Buyer's Closing Documents signed by it; that such documents have been duly authorized by all necessary GOI pOl ate action on the part of Buyer and have been duly executed and delivered; that the execution, I delivery and performance by Buyer of such documents do not conflict with or , resuh in a violation of any statute or any judgment, order or decree of any court or arbiter to which Buyer is a party; and that such documents are valid , and Qinding obligations of Buyer, enforceable in accordance with their terms. ......... §HËI:¡gtl~t·~9Àml~~E~:¡¡8~..~ø~ii4.~¢m~::í;$þrt~Þîý·;ij¢¢¢~~~:::t&:::ªiI:::ÞW~::.~ Ø¥.) llitêm;mô£tmlM~êêmêhtili ······-················1······························.................... .......,.......,.............,',........... , i 5. Prorations. ~eller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: : (a) Closin~ Fee. Seller and Buyer will each pay one-half ot~py reasonable and customary closing fee or charge imposed by any dosing ageIítmm~. · 5 (b) Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be · delivered by Seller under this 1\€;r~ement. Buyer shall pay all Mortgage Registry Tax regarding the recording of the@y mortgage securing the Buyer's loan. (c) Real Estate Taxes and Special Assessments. Sdl(;l l'Vill pay, on 01 befole tile Closing Dæt.e, all speGÍal assessments le\<ied, pending or constituting a lien against the Real Property as of the Closing DcÚe including without linútationanJ installments, of speGÍal assessrl1errts induding inte!est payable with geheral real estæt.e taxes in 1999. General real est~te taxes and installments of special assessments payable therewith payable in 1998t,t~.g all prior years will be paid by Seller. General real estate taxes payable in t999-?ººq shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate taxes or Þ~~~~~;,.,:iì.i¡iii~'ii¡¡~¡ir~~i~i,ii~1~¡llt~1!~¡.~¡i.:I~íí~1IT{~. ~þ'g::®rºp~mY::ª~:::9g:~h~:::gª~g:::gt:ç~g~~ig;: (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Other Costs. All other operating Costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other · operating costs payable before the Closing Date, and Buyer pays that part of such 20perating costs payable from and after the Closing Date. (f) Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller shall, within thirty (30) days after the date of this Agreement, furnish the following (collectively, "Title Evidence") to Buyer: (I) Abstract. Seller shall deliver to Buyer an Abstract of Title to the Real .~Wiipif..m.iif¡¡¡âiìi. (2) Smvcy.A 5Ul vey prepared by a 1 egistel ed land 5tH ~eyorJicens¢dtoplactice 0··:.::.'). in the state ?V her e the Real rroperty is located sho?V ing the Real rl opel ty cl11d location of all buildings and easements the! eOh. · 6 · (3-~) uca Searches.. A feport ofUCCSearchesmadeofthe U~ìformCommercial Cod~records ofth~Secretary of State of Minnesota, made by said Secretary of St:ate, or by a,search firrri acceptable to Buyer, showing no UCC filings rega~ding any of the Property. (b) Buyer's Obi~ctions.Within fourteen (14) days after receiving the Abstract of Title, Buyerwill rrtakewritten objections ("Objections") totheformand/or contents of the Abstract.B~yer's failure to make Objections within such time period will constitute waiver of Obj~.Ç!~9Pê.:. Any matter shown .on such, Abstract and not objected to by Buyer shall freÞiËgm~ a "Permitted Encumbrance" hereunder. Seller will have sixty (60) days after receipt of the Objections to cure the Objections, during which period , ~L~ ~~~~foþ~~l ~:Pt~~t~~::~:~ rg~j~:t~d~ þg~I::ÃÞÃi:.i.::~1i~:ª~'·~~II.~~..can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payabl~to Seller at the Closing to satisfaction of such ObjectÎonandthe amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections~e not cured within such sixty (60) day period, Buyer will have the option to do any o~ the following: , (1) Temhnate this Agreement and receive'a refund of the Earnest Money and the interþst' accrued and unpaid "On the Earnest Money,. if any. ! · (2) ¡._e PµrC,h1iseprice an amoun(¥!IíI¡ltçt~~¢þ];¡ escrow,pendingstlch cure. If SelleI .does 110t cme such Objections .within ninety (90) days after suchesclOw is established, DuyeI may then cme such Obj~ctions and dLar ge the costs of such cur.e (including I easohableattoI neys' fees J against the, escro W ed amount. If .roch eSCl 0 w is established, the parties agl e~ to execute. and delh el such documents as may be reasonably required, and ~eller.aglees to pay the charges to create and administer the escrow.. , (3) Waiye the objections and proceed to close. 7. Operation Pnor to Closing. During the period· from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the :prope . y in the ordinary bourse of business in accordance with prudent, reasonable business stand4ds, including the maihtenance of adequate liability insurance and insurance against loss by fire, winds]orm and other haz~rds;casualtiesand contingencies, including .vandalism and malicious nuSCh& Hoy;ever, SeU~Shall execute no. contracts, leases or otheragreem~nts regarµing the Prope' during the Executory Period that are not terminable on or before the Closing Date, without the wIittenconsent ofBuy~r, which consent may be withheld by Buyer. at its sole discretion. · 7 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer · as follows: (a) Corporation; Authority. Seller is duly incorporated and is in good standing under the laws of the State of Minnesota; Seller is duly qualified to transact business in the State of Minnesota; Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Seller and have been duly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of Seller's Articles ofIncorporation or Bylaws, or any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. (b) ,;~~~~~ra~~:~~.::¡~~~~ii¢::î~~I~¢~t(~¢~mÞi~~i{roperty free and clear of all (c) Title to Perso~~~g~9P~ny:,.§~g~L9.:YI}~,th~.p~Œ9.n,al Property, free and clear of all encumbrances;::~~¢~Pt::ûjg::E~r.m~t~~t·$ÊçµmprªiqÇ.§. (d) Utilities. Seller has received no~ notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. · (e) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. (t) Environmental Laws. To the best knowledge of Seller after due inquiry, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polycWorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that. would cause or contribute to (i) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et' seq., or any similar state law or local ordinance, (ii) a release or threatened release of toxic or hazardous wastes or substances, pollutantsorcontaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any · 8 ! · waters orth~ discharge into the air of any emissions, thatwould require apennit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 etseq., or the Clean Air Act, 42 u.S,C.Section 7401 et seq., or any similar state law or local ordinance. Tþ the best knowledge of Seller after due inquiry, there are no substances or condition~ in or on the Property that may support a claim or cause of action under RCRA, CE~CLAor any other, federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limit:ation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B (I'MERLAII) and the Minnesota Petroleum Tank Releé3.se Cleanup Act, Minn.Stat. 1!15C. No part of the Property isa IIWetlandll, as defined by law. Seller , has disclosecpoBuyer all environmental reports and studies with respect to the Property which are in Seller's possession. I I(g) Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase th~ Property or any other rights of others that might prevent. the consummation of this Agreement. (h) Seller's Defaults, To the best knowledge of Seller, Seller is not in default concerning any of its ob'igations or .liabilities regarding the Property. - · (i) FIRPTA. Séller is not a II foreign personll, IIforeign partnership", IIforeign trustll or IIforeign est~te" as those terms are defined in Section 1445 of the Intemal Revenue Code. , for its .culIe4tuseswithout violating any federal, state,lo.calorother gOvelllmental building, zOlung, health, safety, platting, subdivision.or .other law, ordinance or regulMion, ?1 al1J applicable pIÎ~ate restri.ction, and su.chuse is a legal.c.onforming ttSe:' (kj) Proceedings~ There is no action, litigation, investigation, condemnation or proceeding orany kind pending or to the best knowledge of Seller threatened against Seller·or any portion ?f the Property. (l~) Condition. ¡To the best knowledge· of Seller, the buildings, stru.ctU1.es and impr.o\<ements induded within the flØpelt, are 5tltlGturally sound and in good repair .~~~9jH.§L~kÇ.!.f5S .conditi.on, ànd all mechanical, electrical, heating, air conditioning, !:~III_~~'li®i'.:t.k.~i~~~¢1~~i{i~f.lumbing systems are in proper working I i , · 9 (m)) Wells. The Seller certifies and warrants that the Seller does not know of any "Wells" · on the described Property within the meaning of Minn. Stat. Section 1031. This representation is intended to satisfy the requirements of that· statute. (nm) Storage Tanks. To the best knowledge of Seller after due inquiry, no above ground ...:.. or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. Wherever herein a representation is made "to the best kno\\'J~9:g~...9.f Seller", such representation is limited to the actual knowledge of the officers or directorsQt~~tª~m; of the Seller. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained; Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. - 9. Representations and Warranties by Buyer. Buyer represents and warrants to Seller · that Buyer is duly organized and is in good standing under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite of power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of any statute or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 10. Damage. If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Duyer's option (to be exercised within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event neidler party will have any further obligations under this Agreement arld the :Cð:ll1estMoney, together withanYàGcruedinterest, shall be refunded to Duyel. IfDuyer fails to elect to terminate despite stich damage, 01 i[the rlOpert} is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the · 10 , · propert, to its condition pridr to such damage. If such damage shall be completely repaired prior to the Clo ing Date then there] shall be no reduction in the Purchase Price and Seller shall retain the procee1s of all insurance rel~ted to such damage. If such damage shall not be completely repaired prior tOlthe Closing Date but Seller is diligently proceeding, to repair, theIl Seller shall complete the repair a¡fterthe Closing Dat~andshall be entitled to receive the proceeds of all insurance related to su~h dt~ge~fterrepair is fORlplet~d; provided, howey~r, Buyer shall ha ve th~ right to delay the Closin ,Date until repair is qompleted. If Seller shall failto diligently proceedtorepairsuch damage then B yer shall have the right to require a closing to occur and the Purchase Price (andspecitically the cash portion payable at the Closing Date) shall be reduced by thecost of such repair, or at Buyer's option, !the Seller shall assign]to Buyer all right to receive the proceeds of all insurance related to such damagrand the Purchase ~rice shaUremain the same. For purposes of this Section, the words "substantially damaged" meflndamage that would cost $50,000.00 or more to repair. ill. .... Conèletm,atjL . If, ... ptior to.\hè Clo.ing IJate, emi1,.em domainp! oyeediQg' . ate comm~ncedagainst all 01 a~ part ofth~Property, SelIGr shall immediately gi~e notice toDu~er of such fact and at Buyer's option (to be exercÌsedwithin thirty (JO) days after Seller's notice), this Agreerhel1t sliall telmlnate,iin which,cvŒ1: neither party will have furtller obligations under this AgLee~l1ent and.theu,arnest:Moh7Y, together with any accrued i~er.est, sball bel\~fun.ded toDuye~. IfDuye1 shall fail to gIve su<;h hatlee then there shall be hO reductloh In the rurchase rnce,and,Seller sLall a~Sigh to Duyer at theClasihg Date all of Seller's tight, title and iIíterest iIi and to any award luade ar to be .luade in the; cOhdemnati011 proceedihgs. rrior to the Closihg Date, Seller shall not · desigdatc counsel, appeal il1',or othern ise act with respect to the condemnation proceedings without , . . 12-1. Broker's Cbmmission. Seller and Buyerrepresent and warrant to each other thatthey ealt with no otherbr1okers,finders or the like in connection with this transaction, and agree to inde " each other andtd hold each other harmless against all claims, damages, costs or expenses of or or any other such fee~ or commissions resulting from their actions or agreements regarding the execu¡ ion or performance bfthisAgreement, and will pay all costs of defending any action or lawsuit brought to recover,anysu~h fees or commissions incurred by the other party, including reasonable I ' attor eys' fees. I... 13-7. Mutual Ind1emnification. Seller and Buyer agree to indemnify each other against, and hold ach other harmless ~om, all liabilities (including reasonable attorneys' fees in defending against claim ) arising out of the6wnership" operation or maintemtnce of the Property for their respective perio s of ownership. .. Su~h rights to indemnification will not arise to the. extent that (a) the party seekipg indemnitication actually receives' insurance proceeds or ,other cash payments directly attrirabk t? the ·liabiHtyi in question (net of the cost Of collection.. inc¡tiding reasonable attorneys' fees} or (b) the claim fo'r indemnification arises out of the act or neglect of the party seeking inde~fication. If and to: the extent that the indemnified party has insurance coverage, or the right tom, ke claim againstany;thirdpartyforanyamountto beindemnifiedagainstassetforth'above,the inde ·tied party will, u'pon full performance by theindemnifying party<ofits indemnification · obli ations,assign such rrights to the indemnifying party or, if such ri9hts are not assignable, the I , i 11 , i I I indemnified party will diligently pursue such rights by appropriate legal action or proceeding and . assign the recovery and/or right of recovery to the indemnifYing party to the extent of the indemnification payment made by such party. W;r*_~-~:!_ obligations tinder thi5 ASl eement. 15'4.'. Survival. AIl of the tenns of this Agreement will survive and be enforceable after the Closing. 16$,. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is.directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: lfto Seller: First State Bank ofSt. Joseph 25 North College Avenue . St. Joseph, MN 56387 Attn: Greg Reinhart lfto Buyer: St. Joseph EDA P.O. Box 668 St. Joseph, MN 56374 Attn: Chad Carlson . Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, that the time for response to '. any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified; IO days prior to the effective. date of such change. 17'g. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement arid are not to be considered in interpreting this Agreement. 1 &1. Entire Agreement: Modification. This written Agreement constitutes ther complete agreement between the parties and supersedes any prior oral or written agreements between the 12 . I 1 . parties ~egarding the Proper1¡Y. There are no verbal agreements that change this Agreement and no waiver r any of its terms will be effective unless in a writing executed by the parties. 1 ~ª. Binding' Effebt. This Agreement binds and benefits the parties and, their successors and assigns. ' ~!9. Controlling Law. This Agreement has been made under the laws of the Statè of Minnesota, and such laws will control its interpretation. 11!*.¡".)1W¿t:~~i:';~~~::1~~;~:~1! b' , , UpOllS ell teIIuihati()n Seller willretain the EarnestMoney as liquidated damages, time being of the essenck of this Agreement. i The teL 1üinatioh of this Agreeluent ahd retention of the Ear nest Money will be/the sole re1hedy avai¡lable to Seller fo1 such default by Duyer, and Duyer will not be liable for danlagrs or specific perf 01 r;nance. If Seller defaults under this Agreement, this, provision does not preclur Buyer from seekit;lg and recovering from Seller damages for nonperformance or specific perfor. ance of this Agreement. . .;..<..,.... , .' - " .,....'... . " ,.:. "':.: - . -., - ,",.. .', - ,,: .,: ',' ",,'" ,...:.- ....,.:.:.',.:: ..:............:..... . accep¡ted by Seller ahd a fufly executed couhterpart 0£th1s Agrcement returned to Duyer on or befure I I Seller and Buyer Have executed this Agreement as of the date first written above. I , 1 Dated this ¡ day of ,1999. . 13 FIRST STATE BANK. OF ST. JOSEPH · By Its SELLER Taxpayer I.D. Number: By Its BUYER Taxpayer I.D. Number: N :\City\Stjoe\d purchase agree 51499 ~ · 14 · i ! I . i PURCHASE AGREEMENT TIDS AGRE,EMENTis made as of ,. ,1999, between First State Banko.¡St.Joseph, a Minnefota State Bank ("Seller"), and the St. Joseph Economic Development Authonty, ("Buyer"). i ,. j , In consideration of this Agreement, Seller and Buyer agree as follows: r.I' Sale ofPropert"",' y. S,eller agree, S,t 0 sellt 0 Buyer, and.B U, yer ag re est,.o b uY.·from se,ller, the foll, wing property (colh~ctively,"Property"): ! . (a) Real Property. The real property located in Steams County, Minnesota, described on the attached ;Exhibit" A" ("Land"). together withe I} all buildings and improvements constructed9r located ?n the Land ("Buildings") and (2) all easements and rights benefitting or appurtenant to the Land (collectively the, "Real Property"), subject to the "Perrnittéd Encumbrances" set forth in attached Exhibit "A-I". (b) Personal Pro'perty. The furniture and other personal property situated in or about the RealPrope~y owned by Seller, as described on the inventory attached, to this Agreement ~sExhibit "B" ("Personal Property"). , ~ I . (c) Warranties.) Seller's interests in all warranties and gu~ranties{if any) given to, ·assigned to jor benefitting Beller or the Real Property or the Personal Property regarding. tqe acquisition, construction, design, use, operation, management or maintenanc~ oftheReal Property and the Personal. Property ("Warranties"). ! , (d) Plans. All ~riginals and copies of the as-built blueprints, plans and specifications regarding th~ Real Property and the Personal Property within the Seller's possession, if any ("Plans"). Seller ,makes no warranty of the accuracy or completeness of the I Plans. 'I , I I 2. Purchase Price and Mannèr of Payment. The total purchase price ("Purchase Price") to be aid by Buyer to Se~ler for the Property shall be Five Hundred Forty-Five Thousand and 00110 ($545,000.00) Dollars allocated amongst separate elements of the Property as follows: $544, 00.00 to land and bJildings; and $1,000.00 to personal property and furniture. The Purchase Price, hall be payable as fqllows: , I , (a) Five ThouSand and, 00/100 ($5,000.00) Dollars as earnest money which earnest money shalr be held by Steams County Title and Abstract Co. ("Escrow Agent" or "Title") in~ccordance with the terms of this Agreement. (b) Five Hundr,ed Forty Thousarid and 00/100 ($540,000.00)Dollars in cash, certified . check, 'orRY W.. ire transfer of US. Federal Funds to be received by Title on or before the Closing Date. i I I I I jì I I 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon . each of the following: (a) Representations and Warranties. The representations and warranties of· Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring-down Certificate"). (b) Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (i) Seller shall allow· Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the-same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property . harmless rrom all costs and liabilities relating to the Buyer's activities. Buyer shall further repair. and restore ("Buyer's Restoration Obligations") any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry, which obligation shall survive the expiration or termination of this Agreement. Buyer's entrance onto the Real Property shall be scheduled. at times so as not to interfere with, Seller's business operations. (ii) On or before sixty (60) days prior to the Closing Date, Seller shall deliver to Buyer true and correct copies of all Warranties, Plans, and Permitted Encumbrances for Buyer's review and analysis. (d) Testing. Buyer shall have determined, on or before the sixty (60) days rrom the date ofthis Agreement, that it is satisfied with the results of and matters disclosed by soil tests, structural inspections, engineering inspections, hazardous waste 'and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. . 2 . (e) Document Review. Buyer shall have determined, on or before the forty-five (45) days prior to the :Closing, Date, that it is satisfied with its review and analysis of the Warranties, Plans, and Permitted Encumbrances. , (f) Financing. ~uyer shall have received within sixty (60) days from the date oftms Agreement a Commitment acceptable to Buyer for the proceeds of financing necessary a~d sufficient in Buyer's ,opinion to implement Buyer's plans for and complete th~ purchase ofthe Property. (g) Regulatory Approval. The relocation of. the Seller's' bank operations must be approved by ithe Federal Deposit Insurance Corporation and the Banking Division of the Minnesqta Commerce Commission. Upon execution of this Agreement, Seller shall aggressively seek the necessary approvals and will notify the Buyer in writing of the satisfacti'on of these contingencies. If these contingencies are not satisfied within one hundred twenty (120) days of this Agreement, the Buyer, at its option, may cancel this Agreement or extend the contingency period for an additional thirty (30) days. lfthe bontingencies are not satisfied within one hundred fifty (150) days of this Agreement, ieither party may cancel this Agreement. (h) Simultaneorts Closing. Seller shall have the abilityto close on the sale of the Property simultaneo~sly with the purchase~ of replacement property (the "Replacement . Property") ~o qualify for a tax deferred exchange pursuant to Internal Revenue Code Section 103]1. If any such contingency ha~ not been satisfied atthe time and in the manner herein described, as the case ~ay be, then this Agre:ement may be terminated, at Buyer's option, by written notice from Buyer to S el)"' S llch notice of t~rmination may be givenat least thirty (30) days bef9re the Closing Date. Upon such termination, the. Earnest Money and any interest accrued thereon shall be released to Buyer¡ and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and a reed to be for the so'le and exclusive benefit of the Buyer and the Buyer shall have the right to I unilat rally waive anycon9ngency by written notice to Seller. I 4. Closing. Tþe closing of the purchase and sale contemplated by this Agreement (the "Clos ng") shall occur on ~he earlier of the following: (1) Wi~hin twenty (20) days of when the Seller receives a certificate of occupancy to 9CCUPY the Replacement Property. ; or ! I (2) Ifl closing does not occur on or before September 1, 2000, due to an unsatisfiédcortdition or contingency, and not intentional act of a party, either '. I pa#y may terminate this Agreement by written notice to the other. . i 3 I I ! (a) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver . to Buyer the following (collectively, "Seller's Closing Documents"): (i) Deed. A Limited Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (ii) Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, rree and clear of all encumbrances. (iii) Assignment of Warranties. An Assignment of Warranties, in form reasonably satisfactory to Buyer, conveying the Warranties to Buyer, rree and clear of all encumbrances. (iv) Bring-down Certificate. The Bring-down Certificate. (v) Corporate Authorization. A corporate resolution establishing that Seller is duly qualified to transact business in the State of Minnesota; that Seller has the requisite corporate power and authority to enter into and perform this Agreement, and those Sellér's Closing Documents signed by it; that such documents have been duly authorized by all necessary corporate action on the . part of Seller and have been duly executed'and delivered; that the execution, delivery and performance by Seller of such documents do not conflict with or result in a violation of Seller's Articles of Incorporation or By-laws, or any judgment, order or decree of any court or arbiter to which Seller is a party; that such documents are valid and binding obligations of Seller, enforceable in accordance with their terms. (vi) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnis~ed to the Real Property for which payment has not been made or for which mechanics'liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity. (vii) Original Documents. Original copies of the Warranties and Plans, to the extent they exist and are in Seller's possession. (viii) IRS Form. . A Designation Agreement designating. the "reporting, p~rson" for purposes of completing Internal Revenue Form 1099. . 4 . (ix) Well Gertificate. A Certificate signed by Seller warranting that there are no "W ell~" OIl the Property within the meaning of Minn. Stat. Section 1 031 or if there are "Wells", a Well Certificateìn the form required bylaw. I (x) Other Documents. All other documents reasonably determined by Title to be necessary to transferthe Property to Buyer free and clear of all encumbrances, I excep~ the Permitted Encumbrances, ,or otherwise carry out the intent of this Agre¢ment. b) Buyer's Closing Documents. ' On the Closing Date, Buyer will ,execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): ! (i) Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or cerified check to be delivered to Seller on or before the Closing Date. . (ii) City Council Authorization. Evidence in the ,form of City Council action establishing thatBuyer has the requisite power and authority to enter into this Agre~menLand' the Buyer's Closing ,Documents signed by, it;. that such documents have been duly authorized by all necessary action on the part of Buy~r and have been duly executed and delivered; that the execution, delivery and performance by Buyer õf such documents do not conflict with or result . in a yiolation of any statute or any judgment, order or decree of any court or arbit.er to which Buyer is a party; and that such documents are valid and bind~ng obligations of Buyer, enforceable in accordance with their terms. (iii) Suc* other documents or instruments reasonably necessary to carry out the interlt of this Agreement. I 5. Prorations;! Seller and Buyer agree to thefollowing prorations and allocation of costs regar ing this Agreement: i (a) Closing Fee. Seller and Buyer will each pay one-half of any reasonable· and customary çlosing fee" or charge imposed by Title. I (b) Deed Tax. I Sellershall pay allistate deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. Buyer shall pay all Mortgage Registry Tax regarding the recording of any mortgage securing the Buyer's loan.. i (c) Real Estate Taxes and Special Assessments. Generalreal estate taxes and installment¡s of special ,assessments payable therewith payable inJ999 aIld all prior years will. ¡be paid by..Seller. General real estate" taxes payable in20QOshall.be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. . Seller shall! pay all deferred real estate taxes or special assessments which may become I 5 payable as a result of the sale contemplated hereby. Buyer shall assume all special . assessments levied, pending or ordered against the Property as of the date of closing. (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. (f) Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing . document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller shall, within thirty (30) days after the date of this Agreement, furnish the following (éollectively, "Title Evidence").to Buyer: (1) Abstract. Seller shall deliver to Buyer an Abstract of Title to the Real . Property certified to a current date to include all appropriate judgment, and bankruptcy searches, or a title insurance commitment issued by a commercial title insurance company. (2) DCC Searches. A report ofUCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by said Secretary of State, or by a search firm acceptablè to Buyer, showing no uce filings regarding any of the Property. (b) Buyer's Obiections. Within fourteen (14) days after receiving thè Abstract of Title, Buyer will make written objections ("Objections") to the form and/or contents of the Abstract. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Abstract and not objected to by Buyer shall become a "Permitted Encumbrance" hereunder. Seller will have sixty (60) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. To the extent an Objection based upon a lien or encumbrance can be satisfied by the payment of money, Buyer shall have the right to apply a portion ofthe çash payable to Seller attheClosing to satisfact!()n of such Objection and the amount so applied shall reduce the amount of cash payable to Seller . 6 . at the Closin'g. If the Objections are not cl,lred within such sixty (60) day period, Buyer will have the option to do any of the following: I . ... (1) Terminate this Agreement and receive a refund of the Earnest Money and the inter¿st accrued and unpaid on the Earnest Money, if any. , (2) Withþ.old from th~ Purchase Price an amount sufficient to satisfy any such lien or ericumbrance . . (3) Waive the objections and proceed to close. 1. OperationPnor to Closing. During the period from the. date of Seller's acceptance of tlrist,greement to the Clqsing Date (the "ExecutoryPeriod"), Seller shall operaté and maintainthe Prope y in the ordinary course, of business in accordance with prudent, reasonable business standauds, including the maintenance of adequate liability insurance and insurance against loss by fire, windSttrm and other hazards, casualties and contingencies, including vandalism and maliclous mischi . f However, Seller( shall execute no contracts, ,leases or other agreements regarding the Prope1Y during the Execut?ry Period that are not terminable on or before the Closing Date, without the wr'ttenconsent of BUYt1r, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by "Seller. Seller represents and warrants to Buyer as foIl ws: . (a) Corporation: Authority. Seller is duly incorporated and is in good standing under the laws of the State of Minnesota; Selleris duly qualified to transact business in the State ofMinneso~a; Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Seller and þave been duly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of Seller's ¥icles ofIncorporation or Bylaws, or any judgment, order, or decree of any court of arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. I (b) Title to R~al Property. Seller owns the Real Property, free and clear of all encumbranges, except the,Permitted Encumbrances. (c) Title to Personal Property. Seller owns the Personal Property, free and clear of all encumbran~es,except the Permitted Encumbrances. Cd) Utilities. ,Seller has received> no notice of actual. or threatened reduction or curtailment! of any utility service now supplied to the Real Property. , i . 7 , , I I (e) Assessments. Seller has received no notice of actual or threatened special . assessments or reassessments of the Real Property. (f) Environmental Laws. To the best knowledge of Seller after due inquiry, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polycWorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to (i) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state law or local ordinance, (ii) a release or threatened release oftoxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., or the . Clean Air Act, 42 U.S.C. Section 7401 et seq., or any similar state law or local ordinance. To the best knowledge of Seller after due inquiry, there are no substances or conditions in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B ("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 115C. No part of the Property is a "Wetland", as defined by law. Seller has disclosed to Buyer all environmental reports and studies with respect tQJ.he,,, Property which are in Seller's possession. (g) Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any ,other rights of others ,.that .might .prevent the consummation of this Agreement. (h) Seller's Defaults. To the best knowledge of Seller, Selleris not indefaultcoI1GerniI1g any of its obligations or liabilities regarding the Property. . 8 . (i) FIRPT A. S~ller is not. a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue , Code. i , G) Proceedings.There is no action, litigation, investigation, condemnation orproceeding of any kind Bending or to the best knowledge of Seller threatened against Seller or any portion of the Property. , ! (k) Condition. To the best knowledge of Seller, all mechanical, electrical, heating, air conditioning) water heater, and plumbing systems are in proper working order and will be so o~ the Date of Closing. (1) Wells. The Seller certifies and warrants that the Seller does not know of any "Wells" on the descnbed Property within themeaning< of Minn. Stat. Section 1031. This representa.tiÓn is intended to.satisf)rthe requirements of that statute. I (m) Storage Tanks. To the best knowledge of Seller 'after due inquiry, ,no· above ground or undergro~nd tanks, are located in or about the Property, or have been located under, in or ~bout the Property and have subsequently been removed or filled: Seller ill indemnify Buyer;' its successors and assigns, against, and will hold Buyer, its successors . and as igns, harmless from, ~ny expenses or damages, including reasonable attorneys' fees, that Buyer incurs ecause of the breac~ of any of the above representations and warranties, whether such breach is disc vered before or after closing. Each of the representations and,warranties herein contained shall s rvive the Closing. ¡Wherever herein a representation is made. "to the best knowledge of S elle~ such representa~on IS linuted tothe. acrn& knowledge of the preSident. of the ..seller.. Except as her in expressly stated, Buyer is purchasing the Property based upon its own investigation and inqui I and is not relying o~ any repr~senta:ion of Seller or ?~her person ~d is. agreein? to accept and purch~se the Property " as IS, where IS" subject to the condltlOns of exammatl0n herem set forth and the ex ' ress warranties herei'n contained. Consummation of this Agreement by Buyer with knowledge of any ¡suCh breach bYSelle~ will not constitute a waiver Or rel~a.seþyBuyer of any claims due to such bræ] , 9. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that B yer is duly organized and is in good standing under the laws of the State of Minnesota; that BUYe~iS duly qualified tot¡aMactbusÙ)essk the .StateofMffinesota;~t· !luyer. has. the .reqwsite.of powe and authonty to ent~r mto this Agreement and the Buyer's Closmg Documents sIgned bYlt; such ruments have been rulyauthonzed~~all necess; actionontheP:of~~Yer and havebe.en duly xecutedand delivered; that the, execution, delivery and performance ,by Buyer of such documents do not conilicty¡ithorresultinviolation of any statute or any judgment,order or decree of an~ court or arbiter to ,,¥{hichBuyer is a party;stlch documents are, va.lid,a.nd binding pþligations of Bu, er,and are enforceable in accordance with their terms. Buyer will indemnify Seller, its succe sors and assigns,ag~inst, and will. hold Seller, its successors and assigns, harmless from, any . 9 expenses or damages, including reasonable attorneys' fees, that Sellerincurs because of the breach . of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will not constitute a waiver or release by' Seller of any claims due to such breach. 10. Damage. If, prior to the Closing Date, all or any part of the Property is substantÜi.lly damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact (to be exercised within thirty (30) days after Seller's notice), Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then, there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair, or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words "substantially damaged" mean damage that would cost $50,000.00 or more to repair. 11. Broker's Commission. Seller and Buyer represent and warrant to each other that they . have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting :from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 12. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless :from, all liabilities (including reasonable attorneys' fees iq defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking ind~mnification. If and to' the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights arenotassigI1ableth~ indemnified party will diligently pursue such rights by appropriate legal action or proceeding and . 10 . assign~he .,recovery. and/or! right of recovery, to the indemnifying party to the extent 'of, the indemnirCatiOn payment mare by such party, [3' Assignment.jThe parties may not assign its rights under this Agreement before the Closing without the permissirn ofthe other,uruess the asstgnment is toa related or associated entity 14. . Survival., AlII of the terms of this Agreement will survive and be enforceable after the Closing . .¡ ¡s, Notices, AnY notice required Or permitted tobe given by any party upon the other is given ill accordance with \lns Agreement ifit is directed to Seller by delivering it personally to an officer . f Seller~ or if it is directed to Buyer, by delivering it personally to an officer ofBuyer~ or if mailed tn a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid~ or if transnlitted by facsimile, copy followed by mailed notice, as above required~ or if depo~itecl cost paid with ~ nationallyrecognized, reputable overnight courier, properly addressed I ; as folloiW's: ! If to Seller: ! First State Bank of St. Joseph 25 North College Avenue St. Joseph, MN 56387 , Attn: Greg Reinhart , , i . If to Buyer: ¡ S1. JosephEDA P.O. Box 668 S1. Joseph, MN 56374 Attn: Chad Carlson N otiCt shall be, deetned efféctive on the earlier of the date of receipt or the date qf deposit as afores . d~ provided, howeJer, that if notice is given by deposit, that the time for response to any notice y the other party shk.ll commence to run one business day after any such deposit. Any party may ,ctge'its.ad&ess"for ~esemce of notice bygrving written notice of such c~ge to. the oth~ party, n any manner above] specified, 10 days prior to the effective date of such change. , 16. Captions. The paragraph headings or captions appearing in this Agreement are for convefence only, are not ~ part of this Agreement and are not to be considered in interpreting this Agrernt I I 17. Entire Agr~ement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oraí or 'written agreements between the partie~ regarding the Prop~rty. There are no verbal agreements that change this Agreement and no waive, 'of any. of its terms Will be effective unless in a writing executed by the parties. , , , . 11 18. Binding Effect. This Agreement binds and benefits the parties and their successors . and assigns. 19. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 20. Remedies. If Buyer defaults under this Agreement, Seller shall have, in addition to other rights and remedies available under the law, the right to cancel this Agreement pursuant to Minnesota Statutes § 559.21, et seq., and retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. If Seller defaults under this Agreement, this provision does not preclude Buyer £rom seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement. 21. IRC 1031 Tax Deferred Exchange. Buyer acknowledges that Seller may exchange title to the Property for other property of like kind and qualifying use (an "Exchange") within. the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"). Seller expressly reserves the right to assign its rights, but not its obligations, under this Agreement to a "Qualified Intermediary" as provided under the Code or otherwise engage in an Exchange with respect to the Property in a manner allowed by the Code. Buyer acknowledges that a material part of the consideration for this transaction is Seller's right to complete an Exchange and Buyer shall reasonably ~cooperate with Seller to complete the Exchange ifso elected by Seller, provided Buyer shall not be required to incur additional or material liabilities, . expenses or obligations with respect to any such Exchange nor shall the Exchange delay or extend the Closing Date or any other deadlines for the performance of Seller's obligations hereunder. Seller and Buyer have executed this Agreement as ofthe date first written above. Dated this day of ,1999. FIRST STATE BANK OF ST. JOSEPH By Its SELLER Taxpayer I.D. Number: By Its BUYER . Taxpayer I.D. Number: N :\citylstjoe-1999 12 ",'. ,'.J .. ì . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 , (320) 363-7201 i Fax: 363-0342 . CITY OF ST, JOSEPH MAYOR PUBLIC HEARING Kenneth 1. Hiemenz CLERK! ADMINISTRATOR The Planning Co~mission for the City of St. Joseph shall conduct a public hearing on Rachel Stapleton Tuesday, Septemqer 7th 7:00 P.M. in the St. Joseph City Hall. The purpose of the meeting is to consider a Variance request of24.31 square feet to allow for the construction of an! additional sign for Resurrection Lutheran Church. The,St. Joseph COUNCILORS Code of Ordinances 52.14 Subd. 9 (a) states that one identification sign not exceeding 35 Bob Loso square feet in ar~ for the following uses: church, school, hospital, parks andrecreation Cory Ehlert areas or similar uses. Such signs shall be solely for the name and of the use and its .it . iedenfuer activities and may be illuminated but not flashing. The property is legally described as: , Part of Section 3, Township 124N, Range 29W, Stearns County, Minnesota, being at t;he place where State Aid Road #2, meets Old State Aid Road #2, such point behlg the North Boundary line of the herein described tract, with the East Boundary line going South along the boundary line of Old State Aid Road #2, a distance ?f 595 feet, thence at right angles tothe West a distance of360 feetto the East boundary line of State Aid Road #2, thence Northeasterly along said boundary of State Aid Road #2 to the place where State Aid Road #2 meets Old State Aid Road #2, the North Boundary line being a distance of80 feet, 3.00 acres, pl*s or minus, all in Stearns County, Minnesota. , The request for ~ Variance has been submitted by the Resurrection Lutheran Church~ 610 j .. . '.' . . .. . .,' North County R~ad 2, 51. Joseph, MN 56374. , ~~ Cari Sc midt. ¡ Clerk! Administrator e ! i , I Publish: August 27, 1999 i 1 .., ...' . ~ \ . . ~ CITY OF ST. JOSEPH 21 PirstAvenue NW P.O. Box 668, : ì St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 Resolution of Finding ¡ bThereq~est "fResurrection Lûth<:ran Church for a Variance came before tbe Planning Commission at a public ~earingheld on September 7, 1999. The purpose of the hearing was to consider the issuance ofa C . . Variance. TheVarianee is beiµg requested to allow for the construction of an identification and activity sign for the Church with a dimension of 50" x 70". MAYOR " KennethJ. Hie~fnoseph Code ofOrdinance!S2.I4 Subd. 9(a}states that one identification sign not exceeding 3'5 square feet in a.rea for thefollowing~ses: church, school, hospital, parks and recreation areas or similar uses. Such si~ns shall be solely for ~he name and ofthe use and its activities and may be illuminated but not CLERK! , fl h' ' , as mI' ì ADMINISTRATOR ! RachelStaplet°tJ ., f' J h c· A " d' b h I pon 0pmIOn 0 the 81. osep, lty ttorney rev1ewmg Or mance 52.14 Su d. 9(a), t e arge rock format~on bearing.the name of Resurrection Lutheran Church in the. front yard of the facility represents eom<mo"" an ide4ification sign and any! additional sign( s) will exceed Ordinance 52.14 SuM 9(a), Bob Loso I CO" Ehl," There" re, Resurrection Luthfran Church. is requesting a Variance of 24.31 square feet to construct an _it. additiTal identification sign ror the facility. iedenfuer ! Tbe rrest bas been submittfd by Resurrectiou Lutheran Church, 610 County Road 2, Sl Joseph, MN 56374 ! NOtic, of this matter was duly served and published. In conFideration of the infor~ation presented to the Planning Commission and its applicationto the Compr.ehensive Plan and Or~inances of the City of S1. Joseph, the Planning Commission makes the following findings: J The proposed use is iconsistent with the standards for a Variance as stated in S1. Joseph Code of Ordinances52.8 a-e. I TheJfore, based on the find;ingS above, the Planning Commission makes the following recommendation: ! Approve the Vari!ance of 24,31 square feet to construct an additionalidentification sign on ResurrectionLutheran Church property, Chai Klein closed the hear~ng at7:20p.m. ! , . I I , i , ! !.. 100·'''' . . . . . ·_-~-,---- - , (\J ¡c. . Q' 0- ~ (I, ß ~ § ~ ~ :. I i J 10 ON i i I ~ ~~- I -;! "!; ff: ¡J 8 8" M .. C 2:: ¡ ~ ~ ~ ~~ ¡ ! - ¡i ~ i 1 ~ i t8 ~ t ! ~ 111( ~ l~w í~' i g. ~U !; E .Z >- :t i ~~ ~;l l oct ).. t'I .. ~ .... .5 So.. .. () I ffi ~ -= F! '.. ~ .R !w 'I l t· 0 ~~I~!~ i bn f ll~ 1 it i I I i .n 0 :t ~ ~ 0\ .! Iz . i z 0 e ~ "'~f·lt)} s 0 - · a. ~'C ~- .!II ~. . w ¡ o OJ"§ ~ ~ ~ ~ ~V') ~ . a: ~ }! a: <:> = -V') ~ . 0.1 ª J ~ f U~ fUU~ § h :¡¡ 5 ~-I I ~~'<.tlu~ ct tit ~ I II .. Ilh'; I· *..Ö l! :¡ i I Iltj11f~ , I! ~ -0 ~ !~ 13 ~ il 114 I' lli o_;!; ¡RJ I !ft~fJ\ f ¡ ~ z" J I ¡ .8 . . .~il ø _ t .... .... I ~ .. 11 .lilsll Jf ~ -II i i ;~ i it! II .. '" !! 1! i11 3. I'-J1:d11 I- ~ ilß'il ~ ~j j '.IJII! ~1 ~ 1·1 Q II (J'> r.1 ..... .... M \D 1"'/ I~ (1.1 1''1 r', ~ ~ ! I,n ! Ui ('\1 ~ i ~ =J" ~u E e ! I I~I I I -;r [5 (f) I W ~~ it! IJ:I Jr/ Q (\J ..... (J'> (J'> ..... 1\1 -.J ~. It It It . . . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668. St. Joseph. MN 56374 (320) 363-7201 CITY OF ST. JOSEPH Fax: 363-0342 PUBLIC HEARING 18: The Planning Commission for the City of St. Joseph shall conduct a public hearing on MAYOR Tuesday, September 7th 7:20 P.M. in the St. Joseph City Hall. The purpose of the Kenneth J. Hiemenz meeting is to consider the a Variance request to the foIrowing items: 1) A 6.4 foot Variance request to the maximum height requirement of a facility. CLERK! St. Joseph Code of Ordinances 52.23 Subd. 6 states that any portion of a AD~nNISTRATOR structure shall not exceed 2 ~ stories or 35 feet in height. Rachel Stapleton 2) A 80.4 square foot Variance to the maximum square footage allowable for COUIiCILORS business signs as stated in St. Joseph Code of Ordinances 52.14 Subd. 12 Bob Loso (£1 Cory Ehlert Ken Twit Th property is legally described as: .Niedenfuer All that part of Lot One (1), Block Two (2) of Roske Addition, lying Eastery of the following described line: Beginning at the Southwest comer of Lot 1, Block 2, Roske Addition: thence North 890 29' 58" East 421.64 feet to the point of beginning of the line to be described; thence North 000 04' 23" East to the North line of Lot 1, Block 2, Roske Addition and said line there terminating, according to the plat and survey thereof, now on file and of record in the office of Steams County Recorder. The requests for Variance has been submitted by the W. Gohman Construction. 30618 County Road #133, St. Joseph, MN 56374. ~¿~~ Clerk! Administrator . Publish: August 27. 1999 ~ . . ~ CITY OF ST. JOSEPH 1 First Avenue NW .0. Box 668, t. Joseph, MN 56374 320) 363-7201 'ax: 363-0342 Resolution of Finding 8' The request of W. Gohman Constructinn for a Variance came before the Planning Commission at a public ~ hearing held on September 7, 1999. The purpose of the hearing was to consider the issuance of a . ~ Variance. The Variance is being requested to allow height of the bank facility to reach 41.4 feet at the peak. ilAYOR (enneth J. HieIT5't~ Joseph Code of Ordinance 52.23 Subd. 6 states that any portion of a structure in the Highway 75 Business District shall not exceed 2 Yz stories or 35 feet in height ::LERK! The request has been submitted by W. Gohman Construction, 30618 County Road #133, St. Joseph, MN ~DMINISTRATOR563 74. ~ache1 Stapleton Notice of this matter was duly served and published. ::OUNCILORS 30b Loso In consideration of the information presented to the Planning Commission and its application to the ::ory Ehlert Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the .it following findings: iedenfuer The proposed use is consistent with the standards for a Variance as stated in St. Joseph Code of Ordinances 52.8 a-e. Therefore, based on the findings above, the Planning Commission makes the following recommendation: Approve the Variance of 6.4 feet to construct the facility to the height of 41.4 feet. Chair Klein closed the hearing at 8:00 p.m. . --------- '8 W'O W'U O~ 'l -....0. ."'........ -y¡m;¡¡;r.. Jm' "" .. ...", "" VIOS3NNI'AI ~ Id3Sor 'J S If '9 -::,~::..~~~~::~~~~~~=~~~= Ð'J3:ß) IMW::_ ,. tl. 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() :' s!l! \Sì'; ~ :z:~ -4'>- ~ig ,hit .hlt or " . . . . . 9 . City of St, Joseph Tuition Reimbursement Policy The City encourages its employees to improve job perfonnance in their present position and to prepare· for advancement with the City through self development. The'City may share the cost of education which directly relates to the perfonnance of the employee in the employee's present assignment or which prepares the employee for advancement with the City in the foreseeable future. The City may reimburse eligible regular full time employees upon presentation of their final grades. Eligibility In order for a class to qualify for reimbursement, the following conditions must be met: · The coursework must be related to the employee's current position or to a promotional opportunity within the City. · The coursework must be taken from accredited institutions of higher learning such as accredited colleges, universities and vocational schools. · The employee must receive a passing grade of C or equivalent to qualify for reimbursement. · The coursework must be approved by the Department Head and Clerk! Administrator. Recommendations will be based on an evaluation of the employee's ability to maintain a satisfactory level of job perfonnance. The Clerk! Administrator has final approval . authority for all requests. · The employee must remain employed by the City for six months after the completion of the course. If the employee does not meet this requirement, he or she will be required to reimburse the City for any payment made under this policy. Benefit Employees will be reimbursed for tuition related expenses not to exceed $l,OOO/year. Eligible expenses include tuition, fees, and required textbooks for the coursework requested. All expenses require appropriate documentation for reimbursement. ApplicationlReimbursement Process Employees must complete the City of St. Joseph application for Tuition reimbursement fonn before registering for the courses. The coursework must be approved by the Department Head and Clerk! Administrator. To receive reimbursement, the employee must submit the following: · A copy of a statement from the school which shows the courses taken and the associated tuition and fees; · A receipt for the books showing the titles and costs for each; and · A copy of your final grade(s). . City of St, Joseph . Tuition Reimbursement Policy Employee Name Date Department Job Title Title of Course Requested Educational Institution Dates of Attendance Estimated Cost for Tuition, fees and required textbooks How will the completion of this course help you to perform the duties of your position more effectively? OR, how will completion of the course help prepare you for a promotional opportunity within the City? . --------------------------------._----------------------------------------------------------------------------------- Department Head Approval Date Clerk! Administrator Approval Date I, , the undersigned, understand and agree that this tuition reimbursement is considered a loan for the six months following payment for the course. Should I leave the employ of the City of St. Joseph within the six months following this payment, I understand and agree that I will repay the City in full for the total amount expended by the City for reimbursement for tuition, fees and books related to this course. Employee Signature Date C:'Cari's Files\tuition.frm.doc Created on 08/26/99 3:28 PM . ~ Bonestroo An Affiliate of BonestroQ, Rosene, Anderlik and Associates, Inc Bonestroo Wílliamson Kotsmith is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. f'E. . Joseph C. Anderlik. P.E. . Marvin L. Sorvala. f'E. . i\N Williamson Richard E. Turner. f'E. . Glenn R. Cook. f'E. . Robert G. Schunicht. f'E. . Jerry A. Bourdon. f'E. . . Robert W. Rosene. f'E. and Susan M. Eberlin. CPA.. Senior Consultants '(otsmith Associate Principals: Howard A. Sanford. f'E. . Keith A. Gordon. f'E. . Robert R. Pfefferle. f'E. . Richard W. Foster. f'E. . David 0. Loskota. P.E. . Robert C. Russek. A.I.A. . Mark A. Hanson. f'E. . Michael T. Rautmann. f'E. . Ted K.Field. f'E. . Kenneth I' Anderson. f'E. . Mark R. Rolfs. f'E. . Engineers · Architects Sidney I' Williamson. f'E.. R.S. . Robert F. Kotsmith . David A. Bonestroo Surveyors Offices: SI. Paul. Rochester. Willmar and St. Cloud. MN . Milwaukee. WI September 9, 1999 Ms. Cari Schmidt City of St. Joseph PO Box 668 St. Joseph, MN 56374 Re: Kickoff Meeting for Wastewater Treatment Plant Facility Plan Dear Ms. Schmidt: A public notice to all parties having an interest in being part of the planning process for the expansion of the City of Cold Springs wastewater treatment facility plan was set out in early August. The notice was responded to by a diverse group of communities, organizations and individual interests. The first step in the process is to meet with all of the interested stakeholders in the plan to understand their interests and goals and outline the planning process and timeframes. This meeting will start that planning process. The intent of this meeting is to provide general information, identify and address questions and begin to define the scope for the plan. . The kickoff meeting is scheduled for 7:00 AM on Thursday September 16, 1999 at the City of Cold Spring city hall. The meeting will be held in the council chambers. We have scheduled this meeting early so that attendees might have an easier time arranging work schedules. Future meeting schedules will be discussed at this meeting. Sincerely, :f!2~SMm City Engineer c: Ms. Rena Weber, City of Cold Spring, Clerk Coordinator Mr. Paul Hoeschen, City of Cold Spring, Wastewater Treatment Plant Mr. Vincent Schaefer, City of Rockville, Mayor Ms. Cari Schmidt, City of St. Joseph, Clerk Administrator Mr. John Koerber, City of Pleasant Lake, Mayor Mr. Harlan Jopp, Town of St. Augusta, Clerk Mr. Jim Gross, Rockville Township, Chair Mr. Kenneth Hanson, Collegeville Township, Chair Ms. Kay Cook, SaukRiver Chain of Lakes Inc., President Mr. Jerry Schramel, Green Meadows Committee Member Mr. Paul Steil, Marbeth Properties . Ms. Leona Jungels, Schmitz Estate Mr. Ted Field, Bonestroo and Associates 2008 8th Street North · St. Cloud, MN 56303 · 320-251-4553 · Fax: 320-251-6252 ~ Housing and Redevelopment Authority 1:5) lira of Saint Cloud 619 WEST ST. GERMAIN STREET, SUITE 212 . SAINT CLOUD, MINNESOTA 56301 TELEPHONE: (320) 252-0880 VITDD EQUAL HOUSING September 7, 1999 FAX: (320) 252-0889 OPPORTUNITY Dear Community Leader: Our area is one of the fastest-growing in the State. The economy is strong and the number of current and projected jobs continues to increase. Mortgage rates are low. New construction is evident all around us. However, not everyone is able to participate in this prosperity. Perhaps it is the workers who can't find housing. These might include recent grads fÌ"om one of the local colleges who can't find or perhaps afford an apartment in our area. Maybe it's the next-door-neighbor's son or daughter who would like to move back to the area to start their career, but can't find housing. Maybe it's someone who has obsolete job skills or would like to train for a better job and needs to be housed during this period of re-training. Perhaps it is someone who recently lost their spouse and needs time and housing to establish themselves or stabilize their family during a period of transition. . Employers who can't find new workers won't be able to participate in this prosperity. If they can't find workers, then committing to expanding their buildings or to make other capital investments during these periods of low-interest rates will not make sense. In order to understand the issue of affordable housing, the Minnesota Housing Finance Agency, the Greater Minnesota Housing Fund, and the St. Cloud Housing and Redevelopment Authority are jointly hosting a community forum. The forum will be held on Tuesday, September 28, 1999, at 7:00 p.m. in the Weidner-Clark-Edelbrock Suite of the St. Cloud Civic Center. The purpose of the Forum is to provide the opportunity for us all to understand more about affordable housing and the need for affordable housing in our area. On behalf of the sponsors, I invite you to attend this important forum. . Elected officials and other community leaders fÌ'om the cities and counties around St. Cloud, as well as the general public, are being asked to attend this important forum. You are welcome to bring other interested participants with you as well. The agenda for the evening is included with this letter. You will see that there are outstanding speakers who have volunteered their time to help us to make the best use of the two-hour commitment that we are asking for you to make on September 28th. Best regards, ~~ . Marshall Weems Executive Director Co- Community Forum on Affordable Housing sponsored by the Minnesota Housing Finance Agency, . The Greater Minnesota Housing Fund and the St. Cloud H.RA. September 28, 1999 - 7:00 PM Weidner, Clark and Edelbrock Suite St. Cloud Civic Center 7:00 Welcoming Remarks DeWayne Mareck, St. Cloud City Council 7:05 Overview Warren Hanson,. President, Greater.MN Housing Fund \Vhat is affordable and subsidized housing? Who needs this type of housing? What is the current need for affordable housing in Minnesota? How much affordable housing should a community provide? What is the future need for affordable housing? What innovative housing strategies are being used to address the needs? 7:30 Wlly should a community provide for affordable housing? Kit Hadley, Commissioner, Minnesota Housing Finance Agency The role of the State in providing affordable housing Affordable housing as a part of economic development . Typical types of affordable housing providers and financiers 7:55 The Relationship Between Wages and Affordability Mike Podawiltz, Affordable Housing Developer How much housing does a wage support? 8: 10 What Tools Can a City Use to Create Affordable Housing? John Uban, Planner, Dahlgren S:laílow âï,J Uban Examples of steps that Minnesota communities have taken to increase the supply of affordable housing 8:30 Discussion Kit Hadley How can communities cooperate to create affordable housing? 8:50 Future Actions Warren Hanson Are there other actions that participants want to take as a result of the information shared at this meeting? 9:00 AdiournDeWayne Mareck . . LMC 145 University Avenue West, St. Paul, MN 55103·2044 phone: (651) 281-1200 · (800) 925.1122 ~ague of M,'nnesota Cities Fax: (651) 281-1299 · TDD (651) 281-1290 G'ties promoting excellence Web Site: www.lmnc.org Hello, Conference Planners... ILl!., ÛÆ ! -~¿t S-<.... ¡¡c; / 0S . It's September... time again for new beginnings... school, crisp weather and the gathering of LMC's Annual Conference Planning Committee! Here's how it works: LMC's Conference Planning Committee meets 4 times over the fall and winter months to choose topics, format and graphic art for LMC's Annual Conference, June 13-16 in St. Cloud. Each meeting is a full day long, and is facilitated by both LMC staff and Government Training Service (GTS) who helps us choose format and speakers for LMC large conference events. The Planning Committee is comprised of elected and appointed city officials from MN cities of all sizes, representatives of LMC affiliate organizations, an exhibitor representative, folks from our host city, and a few LMC staff members. . Additionally, in June, Conference Planning Committee members have 2 meetings at the Conference site, and specific work assignments that help the Conference flow smoothly. Here's what's ahead: The Conference Planning Committee will meet on the following dates: Friday, October 8th Thursday, November 18th (note Thursday vs. Friday) Friday, December10fu . Friday, January 14th Friday, February 11th (hold to use for planning, if needed) Where: League of Minnesota Cities Building, 145 University Avenue in St. Paul Time: 9 a.m.-3 p.m. Lunch is Provided. Please RSVP to Cathy at 651/281-1250. Plan to join us at 9 a.m. on Friday, October 8th, and bring your enthusiasm for a great year of creative planning and fun. Don't hesitate to call me with any questions or concerns, 651/281-1251. I'm looking forward to seeing you there, and to getting Sf. Cloud on the road! . Jodie Tooley, ManagerJ . Conferences & Trainin ó;. t AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - . "W ALK-IN" PUBLIC MEETING TO OBTAIN PUBLIC INPUT ON EXP ANDED METRO BUS SERVICE TO ST. JOSEPH sponsored by . ST. CLOUD MTC - at the ST. JOSEPH - CITY HALL COUNCIL CHAMBERS . WEDNESDA Y, SEPTEMBER 29, 1999 6:30 PM TO 8:30 PM . ST. CLOUD MTC . TRANSIT DEVELOPMENT PLAN The St. Cloud MTC has contracted with a team of transportation professionals led by the Philadelphia-based firm of Abrams-Cherwony & Associates in order to prepare an update to the MTC's Transit Development Plan (TDP) for the St. Cloud area. The goal of the mpistod ,_ provide the people of the St. Cloud area with improvements in public transit service. All aspects of the existing public transit. system are being c1Qsely examined and transit service recommendations will be made which will exploit any opportunities for improvement. Improvements to existing bus services as well as the feasibility of expanding services to St. Joseph and Sartell are being explored. The process to develop service change recommendations will consist of several key steps including: · Survey of St. Cloud MTC riders to determine any problems with current services and areas where improvements are needed. · Determination of the boarding and alighting locations of current riders on selected routes. · Detailed performance analysis of each route. . · Discussions with community officials, representatives of bus rider destinations (e.g., Crossroads Center) and MTC staff, including bus drivers. As a St. Cloud area resident, your input is crucial. You can conrribute to the success of this TDP by telling us your concerns and suggestions for improving bus senice throughout thè St. Cloud area. For example: What do you think about existing services? Do you want to extend bus routes to new destinations? Does bus service run when you need it? Are there any other changes that you feel should be considered by us in our review of your system? TH..~'rK YOU . <- - -~ . St. Cloud MTC - PUBLIC INPUT MEETINGS -- -.' WEDNESDAY, SEPTEMBER 29, 1999 at St. Cloud State University Atwood Center 11:00 AM to 1:00 PM Crossroads Center - Center Court 1:30 PM to 3:00 PM . Downtown Transit Center 3:30 PM to 5:30 PM St. Joseph - CityBán Council Chambers 6:30 PM TO 8:30 PM -- ***** "W ALK-IN" MEETINGS Tell our consultants what you think of current bus services and what you want for bus service improvements. You can stay for a minute -- or longer. If you can't make the meeting, please write us with your comments. . Abrams-Cherwony & Associates 1500 Walnut St., Suite lOIO Philadelphia, P A 19102 . · t=ROM: rHe ST JOS~PH POLICe DEPARTMENT ro: BAR OWNER . DI~AR BAR OWNER, IN THE MOUTH OF_AUGUST _1999, AT YOUR BAR_SAL'S THE ~OLLOWING ARR~STS WERE MADE: /UNDERAGE IN A BAR _2_ /' UNDERAGE CONSUMPTION/POSSESSION - 15 - POSSESSION OF FAKE/ANOTHERS DRIVERS LICENSE · lHIS IS ~OR YOUR INFORMATION. ANY ACTIONS BY TH~ CITY COUNCIL WILL BE HANDL~D SEPARATELY. FE~L FREE TO CONTACT 1 HIS DEµARTMENT IF YOU HAVE ANY QUESTIONS REGARDING THES~ HRR~STS. Rf-:.Sµl:.CTFULL Y, HRAl> LINDGR~N CHI EF Of- µOLICE c(~ ,(I { ?'J (þL/L · , ~ .: ¡:ROM: THI:': ST JOSEPH POL I CE DEPARTMENT fO: BAR OWNER - DI-:AR BAR OWNER, IN THE MOUTH OF_AUGUST _1 CjCjCj, AT YOUR BAR_LAPLAYETTE THE FOLLOWING AkR~STS WER~ MADE: UNDERAGE I N---- A BAR _3_ UNDERAGE CONSUMPTION/POSSESSION - 1 POSSESSION OF FAKE/ANOTHERS DRIVERS LICENSE lHIS IS FOR YOUR INFOkMATION. ANY ACTIONS BY THE C1TY . COUNCIL W1 LL BE HAN1)L~D SEPAkATEL Y, FE~L F~EE TO CONTACl lHIS DEPARTMENT 1F YOU HAV~ ANY QUESTIONS REGAkD1NG TH~S~ AkR~STS. RI:.SPE:.CTFULLY, H~A1J LINDGR~N CHI~F OF POLICE - I (1 í I (íct L/f J(jvU I L / \../ I . - . Joint Operating Fire Report 2nd Quarter 1999 April 1 through June 30, 1999 April 1, 1999 534,049.82 Monthly Revenue S1. Joseph Township 11,516.50 S1. Wendel Township 6,653.00 City of S1. Joseph 11,114.75 Donation - Helmet 5,600.00 Fire Reimb 300.00 Fire Dept - Reimb Medicare/Fica 1,222.34 36,406.59 Monthly Expenditure . April 67,861.10 May 3,111 .57 June 20,775.82 91,748.49 Fire Fund Summary 478,707.92 Beginning Operating Balance Less: (83,642.67) Equipment Reserve (36,585.00) Capital Outlay (40,400.00) Building Fund (15,711.11) Iris Helmet Fund (106,630.85) Debt Service Relief 195,738.29 Operating Funds Balance . ~ Joint Operating Fire Report . 2nd Quarter 1999 April 1 through June 30, 1999 Beginning YTD Current Balance Balance Description Balance Amount Balance 60100 Reserve Balance 167,290.41 167,290.41 60101 Interest - Reserve Balance Prior Year 54,746.24 54,746.24 60102 Interest· Reserve Balance Current Yr 1,323.84 1,323.84 60103 St. Wendel - Prior Years 25,500.00 25,500.00 60105 Contributions, St. Benedict 26,500.00 26,500.00 60106 Equipment Budget Reserve - Prior Years 96,200.00 96,200.00 60107 Equip Budget Reserve - Current Year/Surplus 24,641.67 24,641.67 60108 Expended Reserves (255,617.00) (125,594.00) (381,211.00) 60109 Donations - Tanker Truck 20,610.00 20,610.00 60100 Reserve· Capital Outaly (1993 - 1997) 48,041.51 48,041.51 60200 Balance Equipment Reserve 159,871.32 83.642.67 Building Fund Beginning YTD Current Balance Balance Description Balance Amount Balance 60100 Building - Reserve 20,000.00 20,400.00 40,400.00 Iris Helmet . Beginning YTD Current Balance Balance Description Balance Amount Balance 36210 Donations - Iris Helmets 28,111.11 (12,400.00) 15,711.11 . .' Aug 1999 Fire Department Page 1 1 8:09 AM City of St. Joseph Detail Expenditures . April 1 through June 30, 1999 1eck Transaction Batch TIber Name Comments Amount Fund Depart Obj Name :ounting Period 4 April ~731 NORTHERN STATES POWER electricity 295.89 105 42280 381 04-01-99 j731 NORTHERN STATES POWER gas 340.38 105 42280 383 04-01-99 5705 CELLULAR 2000 cell phone, fire 1·.60 105 42250 321 04-01-99 6712 GRANITE ELECTRONICS repair radar unit #5 69.50 105 42280 220 04-01-99 6726 MENARDS shelving, Fire Department 30.52 105 42280 220 04-01-99 6732 OFFICE MAX office supplies 31.79 105 42210 200 04-01-99 6739 ST. JOSEPH FIRE DEPARTMENT lake region meeting 25.30 1,05 42240 331 04-01-99 6739 ST. JOSEPH FIRE DEPARTMENT state fire school 400.00 105 42240 331 04-01-99 6784 US LINK telephone 47.11 105 42250 321 04-15-99 6784 US LINK telephone 0.11 105 42250 321 04-15-99 6762 HElM, JAMES dues, 1999 260.00 105 42240 433 04-15-99 6751 BROWNING-FERRIS INDUSTRIES dumpster removal 44.44 105 42220 384 04-15-99 6757 FRONT LINE FIRE AND RESUCE INFRA Red Helmet 18,000.00 105 42220 580 04-15-99 6758 G & K SERVICES towel service 87.90 105 42280 220 04-15-99 6764 HEIMAN FIRE EQUIPMENT, INC Class A Foam 246.33 105 42220 210 04-15-99 6763 HEIMAN BROTHERS, INC tanker and equipment,pay2 47,934.00 105 42220 580 04-15-99 6769 LEE'S ACE HARDWARE repair parts 12.91 105 42220 220 04-15-99 6772 LOWELL, THOMAS reimb, electric supplies 33.32 105 42280 220 04-15-99 --------- ~s Accounting Period 4 April 67,861.10 :counting Period 5 May 6852 THEISEN, DAVE meals, pickup new truck 24.00 105 42240 331 05-06-99 6816 KARNIK, JEFF mileage, Karnik 133.61 105 42240 331 05-06-99 6810 GRANITE ELECTRONICS install radio in tanker 264.77 105 42220 580 05-06-99 .6801 CENTRAL MCGOWAN medical oxygen 14.87 105 42270 210 05-06-99 ,6821 METRO PLUMBING & HEATING filters, fire hall 199.23 105 42280 220 05-06-99 ,6843 ST. CLOUD FIRE EQUIPMENT extinguishers signs, FH 107.83 105 42280 220 05-06-99 6813 HEARTLk,~ GLASS CO INC repair glass, fire hall 128.34 105 42280 220 05-06-99 ,6800 CELLULAR 2000 cell phone, fire 7.21 105 42250 321 05-06-99 '6809 G & K SERVICES towels, floor runners 43.95 105 42280 220 05-06-99 '6829 NORTHERN STATES POWER electricity 285.61 105 42280 381 05-06-99 '6829 NORTHERN STATES POWER gas 175.29 105 42280 383 05-06-99 '6345 ST. JOE GAS " BAIT gas 291.70 105 42220 210 05-06-99 6388 HEIMAN F!RE EQUIPMENT, INC hydrualic fluid,lamp 250.63 105 42220 220 05-20-99 _ 6 è 7 8 CENTRAL MCGOWAN medical oxygen 22.30 105 42270 210 05-20-99 63~4 BATTERIES PLUS batteries, pager 28.72 105 42220 220 05-20-99 6919 THE FIRST SIGNS OF FIRE tags, marking fire equip 269.00 105 42220 210 05-20-99 '6900 MEYER, ~OHN reimb, State Fire School 497.02 105 42240 331 05-20-99 '6891 HONER. JUSTIN mil eage , fire school 88.00 105 42240 331 05-20-99 '6875 BROWNING-FERRIS INDUSTRIES refuse, fire 44.44 105 42220 384 05-20-99 6396 LEE'S ACE ~RCWARE repair/cleaning supplies 102.74 105 42220 220 05-20-99 . 30 Aug 1999 Fire Departrr,ent Page 1 :'~on 8,56 AI·1 City of St. Joseph 2nd Quarter · Obj Current Budget % Obj Description Budget ¡'ITD Amount YTD Amount Balance Exp Fund 105 Fire Fund Depart 42210 Fire Administration 101 Salaries 3,210 0.00 250.00 2,960.00 8 121 PERA Contributions 140 () . 00 0.00 140.00 0 122 FICA Contributions 190 0.00 15.50 174. 50 8 125 Medicare Contributions 150 0.00 3.63 146.37 2 '151 Worker's Compo Insur. Prem 4,500 0.00 0.00 4,500.00 0 200 Office Supplies 1,000 0.00 156.98 843.02 16 215 software support 500 0.00 0.00 500.00 0 220 Repair and Maint Supplies 500 0.00 0.00 500.00 0 301 Audit & Accounting Services 3,200 0.00 0.00 3,200.00 0 304 Legal Fees 500 0.00 0.00 500.00 0 305 Medical & Dental 1,200 0.00 0.00 1,200.00 0 322 Postage 400 0.00 69.50 330.50 17 140 Advertising 80 0.00 0.00 80.00 0 432 Team Building 800 0.00 400.00 400.00 50 '1'":10 License 20 0.00 0.00 20.00 0 581 Computer Hardware 500 2.955.00 2.955.00 -2,455.00 591 582 Ccmputer Sof~ware 500 0.00 0.00 500.00 0 - - - - - - - - - - ~ - - - -------- --------- Totals Cepart 42210 Fire Administration 17,390 2.955.00 3.850.61 13.539.39 · Depart 42220 Fire Fighting :22 ?ICA Contributions 2,170 -978.84 -978.84 3,148.84 -45 :'25 Medicare Contributions 507 -228.95 -228.95 735.95 -45 2:'0 Operating Supplies 2,000 0.00 :,005.07 994.93 50 211 .i\WAIRS Supplies 500 0.00 O.CO 5eO.00 J 220 Repair and Mai~t Supplies 2.800 28.50 550.7: 2,249.29 20 240 Small Teal & Minor Equipmer.t 0 769.62 :,754.08 -1.,754.G8 . '*" '*" 3:5 F:re Fighting 32,000 15,772.95 :5,772.95 15,227.05 49 - -- Ge~eYal Liability I~suYance 15,000 0.00 :':,100.CO 3,900.00 ""'1'¡ 3801 Refuse Disposal 600 '¡4.-:4 :77.ìó 422.2'; 30 4';7 State Aid Reimbursement 20,COO 0.00 0.00 20.000.00 0 ';.;3 Pension Relief Fire Flli~è 5,000 e.oo 0.00 5.000.eo 0 ';20 Other £quiprr,ent 20,000 0.00 :25.358.77 -:'05,358.77 529 -:34 Equi~ment Resey'¡e :0.000 0.00 0.00 :0,000.':0 0 ;:,~ c ~iYef:ghter 2qu:~mer.t 3,500 O.CO o.oe 3.500.CC . ------- --------- ---------- ---------- :c:als ~epart 42220 ::'l.re ~ight::-:.g ::'4,077 15.407.72 15S,01:.55 -40.934.55 =epdr: 42240 Fire Traini:1g d' ~axable Per Diem 2,:00 0.00 960.00 1.140.00 46 · Aug 1999 Fire Department Page 2 1 8:56 AM City of St. Joseph . 2nd Quarter Obj Current Budget % j Description Budget MTD Amount YTD Amount Balance Exp ld 105 Fire Fund Jart 42240 Fire Training 2 FICA Contributions 130 0.00 59.52 70.48 46 " Medicare Contributions 31 0.00 13 .92 17.08 45 1 Travel & Conference Expense 3,750 25.00 1,670.93 2,079.07 45 3 Dues & Subscriptions 1,220 0.00 846.00 374.00 69 3 Personnel Training 3,000 0.00 0.00 3,000.00 0 ------ ----- -------- -------- Totals Depart 42240 Fire Training 10,231 25.00 3,550.37 6,680.63 part 42250 Fire Communications 0 Repair & Maint 700 0.00 0.00 700.00 0 1 Telephone 1,000 47.11 299.99 700.01 30 0 Other Equipment 500 0.00 0.00 500.00 0 ----- ----- ------ -------- Totals Depart 42250 Fire Communications 2,200 47.11 299.99 1,900.01 part 42260 Fire Repair Service O. Repair and Maint Supplies 3,000 0.00 0.00 3,000.00 0 ----- - - -- - - -- -------- Totals Depart 42260 Fire Repair Service 3,000 0.00 0.00 3,000.00 'part 42270 Medical Services 0 Operating Supplies 500 14.86 214.05 285.95 43 0 Repair & Maint 600 0.00 163.80 436.20 27 ----- ----- - - - - -- ------ Totals Depart 42270 Medical Services 1.100 14.86 377.85 722.15 .part .;2280 Fire Station and Building .J ~epair and Maint Supplies 3,500 452.95 2,235.84 1.264.16 64 :0 Professional Services 0 315.00 315.00 -315.00 0.. ;::.. Electric Utilities 4,500 244.04 1,902.23 2,597.77 42 - :;as Utlli::ies 3,200 91.80 2,220.24 979.76 69 - - - - -- - - - - - - - - - - - - - - -- - - - - - - -- :c~31s ~epar~ 42280 Flre Station and Building 11,200 1.l03.79 6.673.31 4,526.69 ?::ar: ;930: Trar.sfer to other Funds - :-I1SC 0 0.00 0.00 0.00 0 - - -- - - -- - - -- 70t3:S Depart 4~301 Transfer to other Funds J 0.00 0.00 0.00 .- -"-d ¡OS Fire Fund 159,198 19,553.48 169.763.68 -lO.565.68 ~ 0. _..::; t' _0£. - - - - - -- - - - - - - - -- ---------- ---------- 30 Aug 1999 Fire Department Page 1 ~~on 8:56 Ac'1 City of St. Joseph Revenue . 2nd Quarter Source Current Budget % Source Description Budget MTD Arr'rOunt YTD Acmount Balance Rec Fund 105 Fire Fund 33400 State Grants and aids 1,500 0.00 0.00 1,500.00 0 33423 State aid -- Joint Operating 20,000 0.00 0.00 20,000.00 0 34202 Special Fire Service 111,021 0.00 53,283.25 57,737.75 48 34203 Fire Fighting Reimbursement 0 300.00 605.00 -605.00 ... 36210 Interest Earnings 14,000 0.00 2,719.12 11,280.88 19 36211 Gain on Investment 0 0.00 0.00 0.00 0 36230 Contributions from Private Sou 10,000 0.00 9,425.00 575.00 94 36260 Surplus Property 0 0.00 0.00 0.00 0 ------- - - - - - - --------- - - - - - - - -- Totals Fund 105 Fire Fund 156,521 300.00 66,032.37 90,488.ó3 - - - - - - - ------ - - - - - - - - - --------- Gra:1å Total 156,521 300.00 6Ó,032.37 90,438.53 . . ~ , Aug 1999 Fire Department Page 2 >n 8:09 AM City of St. Joseph . Detail Expenditures April 1 through June 30, 1999 :heck Transaction Batch milier Name Comments Amount Fund Depart Obj Name· ,counting Period 5 May '6922 US LINK telephone 47.75 105 42250 321 05-20-99 ~6915 ST. JOE GAS & BAIT gas 83.18 105 42220 210 05-20-99 '6924 CELLULAR 2000 cell phone, fire 1. 38 105 42250 321 05-21-99 -------- Totals Accounting Period 5 May 3,111.57 ,counting Period 6 June ~6959 LEE'S ACE HARDWARE repair supplies 82.87 105 42280 220 06-01-99 '6946 CARPET MAN, INC carpet cleaning 370.08 105 42280 220 06-01-99 '6977 THEISEN, MARY cleaning, fire hall 315.00 105 42280 300 06-01-99 '6978 VISIONARY SYSTEMS LTD firehouse software 2,955.00 105 42210 581 06-01-99 '6971 ST. CLOUD FIRE EQUIPMENT fire extinguisher refill 28.50 105 42220 220 06-01-99 '7001 NORTHERN STATES POWER electricity 244.04 105 42280 381 06-15-99 '7001 NORTHERN STATES POWER gas 91. 80 105 42280 383 06-15-99 <7006 ST. JOSEPH FIRE DEPARTMENT lake region meeting 25.00 105 42240 331 06-15-99 )6986 DANKO EMERGENCY EQUIPMENT, CO boots,coat, pants 566.55 105 42220 240 06-15-99 '6994 HEIMAN BROTHERS, INC 2 pairs boots 203.07 105 42220 240 06-15-99 2.US LINK telephone 47.11 105 42250 321 06-15-99 '6_ BROWNING-FERRIS INDUSTRIES refuse, fire 44.44 105 42220 384 06-15-99 26984 CENTRAL MCGOWAN medical oxygen 14.86 105 42270 210 06-15-99 27015 ST. JOSEPH FIRE DEPARTMENT fire service thru 5/31 15,787.50 105 42220 315 06-30-99 --------- Totals Accounting Period 6 June 20,775.82 --------- rand Total 91,748.49 . ~, . . 14 Sep 1999 Bills Payable Page 1 Tue 4:26 PM City of St. Joseph . September 16, 1999 Check Transaction Depart Number Name Amount Comments Description Fund 27321 COLLEGE OF ST. BENEDICT 13,432.05 ROW, 12th Avenue NE Facilites and Planning 101 27322 RAJKOWSKI HANSMEIER LTD 445.70 ROW expenses, St. Ben pro Facilites and Planning 101 27323 A-I TOILET RENTAL 63.90 satelite, Klinefelter Pk Park Areas 101 27324 ALL CARE TOWING, INC 25.00 96 Ford, flat tire Automotive Services 101 27325 BERKLEY ADMISTRATORS 3,490.16 work comp premium Street Maintanence 101 27325 BERKLEY ADMISTRATORS 860.46 work comp premium Administration and General 601 27325 BERKLEY ADMISTRATORS 837.06 work comp premium Administration and general 602 27325 BERKLEY ADMISTRATORS 7,809.50 work comp premium Crime Control & Investigation 101 27325 BERKLEY ADMISTRATORS 2,659.96 work comp premium Fire Administration 105 27325 BERKLEY ADMISTRATORS 494.32 work comp premium Salaries & Adminstrative 101 27325 BERKLEY ADMISTRATORS 165.00 work comp premium Economic Development Authority 101 27325 BERKLEY ADMISTRATORS 1,197.74 work comp premium Park Areas 101 27325 BERKLEY ADMISTRATORS 44.20 work comp premium Park Areas 101 27325 BERKLEY ADMISTRATORS 15.60 work comp premium Council 101 27325 BERKLEY ADMISTRATORS 62.40 work comp premium Mayor 101 27325 BERKLEY ADMISTRATORS 93.60 work comp premium Legislative Committies 101 27326 BROWNING-FERRIS INDUSTRIES 337.40 refuse Park Areas 101 27326 BROWNING-FERRIS INDUSTRIES 77.69 refuse Administration and general 602 27326 BROWNING-FERRIS INDUSTRIES 44.44 refuse Fire Fighting 105 27326 BROWNING-FERRIS INDUSTRIES 7,896.00 refuse Waste Collection 603 27326 BROWNING-FERRIS INDUSTRIES 88.87 refuse Park Areas 101 4IIIÞ 27327 CARLSON, CHAD 5.00 parking, NAHRO workshop Economic Development Authority 101 27328 CELLULAR 2000 59.77 cell phone, police Communication Service 101 27328 CELLULAR 2000 89.35 cell phone Street Maintanence 101 27329 CENTRAL MCGOWAN 14.45 medical oxygen Medical Services 105 27329 CENTRAL MCGOWAN 14.45 medical oxygen Crime Control & Investigation 101 2Q330 CITY OF ST. CLOUD 8,281.83 august sewer rental Sewage Treatment Plant 602 27331 COLD SPRING VETERINARY CLINC 80.00 dog boarding Animal Control 101 27332 COMMISSIONER OF REVENUE 931.85 state withhold 9/8 & cc 101 27333 CUMMINS NORTH CENTRAL, INC 399.53 WW panel repairs Sewage Treatment Plant 602 27334 EARL F. ANDERSON & ASSOC 71.24 street paint Street Maintanence 101 27335 EFTPS 2,476.62 fed withholding 9/8 & cc 101 27335 EFTPS 2,406.04 fica withholding 9/8 & cc 101 27336 EMERGENCY APPARATUS MAINT. INC 616.50 engine 2 repair Fire Repair Service 105 27336 EMERGENCY APPARATUS MAINT. INC 659.47 engine 1 repair & test Fire Repair Service 105 27337 FIRST STATE BANK 5.90 collection fee Administration and General 601 27337 FIRST STATE BANK 5.90 collection fee Administration and general 602 27337 FIRST STATE BANK 5.90 collection fee Waste Collection 603 27337 FIRST STATE BANK 15.00 payroll services Accounting 101 27338 FLEXIBLE PIPE TOOL COMPANY 443.28 cleaning rods Sanitary Sewer Maintenance 602 27339 GARAGE DOOR STORE 102.04 service overhead doors Fire Station and Building 105 27340 GOPHER STATE ONE-CALL 69.12 notification fee Administration and General 601 27340 GOPHER STATE ONE-CALL 69.13 notification fee Administration and general 602 27341 GRANITE ELECTRONICS 264.30 repair two way radio Salaries & Adminstrative 101 27342 HAWKINS WATER TREATMENT GROUP 108.00 sewer tests Sewage Treatment Plant 602 . )a. 14 Sep 1999 Bills Payable Page 2 Tue. 4:26 PN Ci ty of sr.. Joseph . September 16, 1999 Check Transaction Depart Number Name Amount Comments Description Funà 27342 HAWKINS WATER TREATMENT GROUP 12.00 water tests Purification 601 27342 HAWKINS WATER TREATI~ENT GROUP 108.00 sewer tests Sewage Treatment Plant 602 27342 HAWKINS WATER TREATMENT GROUP 12.00 water tests Pur if ication 601 27342 HAWKINS WATER TREATMENT GROUP 12.00 water tests Purification 601 27342 HAWKINS WATER TREATMENT GROUP 12.00 water tests Purification 601 27343 KENNEDY TRANSMISSION 83.05 transmission repair, 94 F Automotive Services 101 27343 KENNEDY TRANSNISSION 772.88 '96 Ford. brakes & axels Automotive Services 101 27344 KLN DISTRIBUTING 39.00 service, police computer Crime Control & Investi9atic~ .! r, ~ 27344 KLN DISTRIBUTING 784.50 printer, Schmidt Salaries & Ad~instrative 101 27345 KREBSBACH ENTERPRISES 952.87 gas Automotive SevJices 101 27345 KREBSBACH ENTERPRISES 168.97 gas Street Maintanence 101 27345 KREBSBACH ENTERPRISES 168.96 gas Park Areas 101 27345 KREBSBACH ENTERPRISES 168.96 gas Administration and General 601 27345 KREBSBACH ENTERPRISES 168.96 gas Administration and general 602 27345 ~~EBSBACH ENTERPRISES 44.25 gas Fire Fighting 105 27345 KREBSBACH ENTERPRISES 22.18 gas Fire Fighting 105 27346 LEE'S ACE HARDWARE 11.16 repair supplies Administration anà General QV':' 27346 LEE'S ACE HARDWARE 59.61 repair supplies Fire Station and Builàing 105 27346 LEE'S ACE HARDWARE 14.24 repair supplies City Hall Annex 101 27346 LEE'S ACE HARDWARE 11.90 repair supplies Crime Control & Investigation 101 27346 LEE'S ACE HARDWARE 33.92 repair supplies Park Areas 101 . 27346 LEE'S ACE ~~WARE 13.87 repair supplies :~aint Shop 101 27347 LEEF BROS 11.28 floor runner City Hall ~V.1. 27347 LEEF BROS 16.92 floor ruriller City Hall Armex ~ ,;... 27347 LEEF BROS 30.49 clothing allowance Street Maintanence 1 :'11 27347 LEEF BROS 30.49 clothing allowance Park Areas -'- .- ~ 27347 LEEF BROS 30.49 clothing allowance Aàministraticn anà Gene~a~ 0') ~ 27347 LEEF BROS 30.49 clothing allowance Aåministration and general 602 27348 LESNICK. OLLIE 120.00 property valuation class Assessing -'-'V... 27349 LITTLE SHOP & ;IELING REPAIR 1,012.44 repair dump truck box Street Maintanence ~ ,..., ~ ....<..'.... 27350 ~\ARTHALER, IN·IES 31.87 safety shoes Sewage Treatment Plant 602 27351 NENARDS 1.249.51 timbers, Northlanà Park Park Areas l82. 27352 METRO CALL 36.53 pager, police Comrnunicatio~ Ser/ice '('I' 27353 MN COU1ITY ATTORNEY'S ASSOC 90.00 traffic safety training Police Training ...v.;. 27356 NORTHE~~ STATES POWER 18.90 street lighting Signal Lights _.....~ 27356 NORTHERN STATES POWER 1.625.30 street lighting Street Lighti.ng l:Jl. 27356 NORTHE~~ STATES POWER 127.56 utility ser;ices Park Areas H< 27356 NORTHE~~ STATES POWER 41.65 utility ser;ices Ball Park and Skating ~i~k 10: 27356 NORTHE~~ STATES POWER 359.61 utility services City Hall lO: 27356 NORTHERN STATES POWER 24.94 utility services City Hall 101 27356 NORTHERN STATES POWER 96.67 utility services City Hall Annex lOl 27356 NORTHERN STATES POWER 26.06 utility services City Hall Annex :01 27356 NORTHE~~ STATES POWER 19.87 utility services Ci ty Hall Ar'.nex . r_, 27356 NORTHERN STATES POWER 34.96 utility ser;ices Maint Shop 101 27356 NORTHERN STATES POWER 52.43 utility services Street Maintanence lC" . -~.. - ,,- '> 4 Sep 1999 Bills Payable Page 3 "ue 4: 26 PM City of St. Joseph . September 16, 1999 Check Transaction Depart Number Name Amount Comments Description Fund 27356 NORTHERN STATES POWER 31.39 utility services Street Maintanence 101 27356 NORTHERN STATES POWER 23.87 utility services Street Maintanence 101 27356 NORTHERN STATES POWER 20.97 utility services Maint Shop 101 27356 NORTHERN STATES POWER 31.45 utility services Street Maintanence 101 27356 NORTHERN STATES POWER 98.36 utility services Storage 601 27356 NORTHERN STATES POWER 8.31 utility services Purification 601 27356 NORTHERN STATES POWER 419.55 utility services Purification 601 27356 NORTHERN STATES POWER 1,082.42 utility services Power and Pumping 601 27356 NORTHERN STATES POWER 32.81 utility services Power and Pumping 601 27356 NORTHERN STATES POWER 216.06 utility services Sewage Treatment Plant 602 27356 NORTHERN STATES POWER 14.91 utility services Sewage Treatment Plant 602 27356 NORTHERN STATES POWER 64.28 utility services Sewer Lift Station 602 27356 NORTHERN STATES POWER 14.91 utility services Sewer Lift Station 602 27356 NORTHERN STATES POWER 405.90 utility services Fire Station and Building 105 27356 NORTHERN STATES POWER 30.26 utility services Fire Station and Building 105 27356 NORTHERN STATES POWER 6.28 utility services Emergency Siren 101 27357 NORTHERN STATES SUPPLY INC 104.26 reel trouble light Maint Shop 101 27358 OFFICE MAX 42.50 office supplies Fire Administration 105 27359 ORDER OF ST. BENEDICT 319.05 summer worker Park Areas 101 27360 PACKING STORE 12.51 postage Administration and General 601 . 27361 PERA 2,395.03 retirement 9/16 101 27362 PERA - CC 174.00 august payroll, cc 101 27363 PRINCIPAL LIFE 4,543.88 medical/dental insurance 101 27363 PRINCIPAL LIFE -904.17 refund, Stapleton insuran Salaries & Adminstrative 101 27363 PRINCIPAL LIFE 506.27 health insurance Crime Control & Investigation 101 27363 PRINCIPAL LIFE 69.78 dental insurance Crime Control & Investigation 101 27363 PRINCIPAL LIFE 5.25 life insurance Crime Control & Investigation 101 27363 PRINCIPAL LIFE 231.03 medical insurance Crime Control & Investigation 101 27364 RENGEL PRINTING 281.53 envelopes,stationary,card Salaries & Adminstrative 101 27365 ROAD RESCUE 8.31 rescue van repair part Fire Repair Service 105 27366 S & T OFFICE PRODUCTS 214.44 plat book binders Administration and General 601 27367 SCHERMERHORN, LESLIE 125.00 transcription services Crime Control & Investigation 101 27368 SCHROEDER SPORTS 21.25 volleyball Park Areas 101 27369 SCHULTE TRANSMISSION 737.56 rebuild transmission,89 Park Areas 101 27370 SEH.RCM 3,543.36 90th/91st engineering Street Maintanence 420 273 70 SEH. RCM 169.00 general engineering Engineering Fee 101 27371 ST. CLOUD FIRE EQUIPMENT 66.78 repair fire hose Fire Fighting 105 27371 ST. CLOUD FIRE EQUIPMENT 18.50 fire extinguisher Crime Control & Investigation 101 27372 ST. JOE GAS & BAIT 55.72 shipping, sewer tests Sewage Treatment Plant 602 27372 ST. JOE GAS & BAIT 4.26 car washes, police (2) Automotive Services 101 27372 ST. JOE GAS & BAIT 9.59 propane, sum rec picnic Participant Recreation 101 27373 ST. JOSEPH MILLING 60.10 seed, fertilizer parks Park Areas 101 27374 ST. JOSEPH VOLUNTEER FIRE DEPT 20.00 glenwood fire school Fire Training 105 27374 ST. JOSEPH VOLUNTEER FIRE DEPT 135.00 MN Chiefs convention Fire Training 105 27374 ST. JOSEPH VOLUNTEER FIRE DEPT 400.00 team building Fire Administration 105 . 14 Se;> 1999 Bills Payable Page .; Tue 4:26 PM City of St. Joseph . September 16. 1999 Check Transaction Depart Number Name Amount Comrnents Description Fund 27374 ST. JOSEPH VOLUNTEER FIRE DEPT 66.00 postage Fire Administration 105 27375 STAPLETON, RACHEL 633.12 insurance settlement Salaries & Adminstrative 101 27376 STUEVE'S GARAGE INC 36.44 LOF, 98 Lumina Automotive Services 101 27376 STUEVE'S GARAGE INC 8.00 tire repair 98 lumina Automotive Services 101 27376 STUEVE'S GARAGE INC 10.12 flasher repair Automotive Services 101 27377 THEISEN, DAVE 42.78 mileage, lake region conf Fire Training 105 27378 ~~1 LIFE INSURANCE 269.66 disability insurance 101 27378 ~~1 LIFE INSURANCE 40.66 disability insurance Salaries & Adminstrative 10: 27379 US LINK 109.95 telephone service Salaries & Adminstrative 10:' 27379 US LINK 43.79 telephone service City Hall 101 27379 US LINK 267.49 telephone ser.ice Co~munication Ser¡ice 101 27379 US LINK 76.57 telephone service Maint Shop 101 27379 US LINK 59.52 telephone service Economi2 Development Authority 101 27379 US LINK 47.73 telephone service Fire Communications ::"C5 27379 US LINK 50.68 telephone service Aèministration and Gene~al ov..;. 27379 US LINK 78.64 telephone service SeÄer Lift Station 00¿ 27379 US LINK 47.11 telephone service Sewage Treatment Plant 6C2 27379 US LINK 63.52 telephone service Aåministration and gene~al 602 --------- . 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