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Home My WebLink About1999 [10] Oct 07 {Book 17} . ~ CITY OF ST. JOSEPH i í First Avenue NW ! , .0. Box 668, I St. Joseph City Council i t. Joseph, MN 56374 I October 7, 1999 320) 363-7201 , Revised Agenda III 7:00 P.M. 'ax: 363-0342 í , ì 1. I .. Call tOIOrder 2. ¡ Approre Agenda 3. 7 :00 N,oise Violation - 117 Minnesota Street East - Evidentiary Hearing MAYOR 8:00 Noise Violation - 304 Old Highway 52, Apt. 1 Kenneth J. Hiemenz 4. I I 5. Approve Consent Agenda CLERK! a. Add 15.00 to fee schedule for fingerprinting services b. Budget Resolution - Tax Certification Rate AUMINISTRATOR c. Approval of election judges for November General Election Cari Schmidt d. Set Public Hearing for Assessments for Joseph Street Industrial Park and Northland Drive Improvementsfor November 4, 1999 e. s,et a Public Hearingfor Business Subsidy Policy for October 21, 1999 COUNCILORS f A,uthorization to Hire a Part time officer to fill in as needed while the City searches for a new Erolice Chief Bob Loso i .~lert 6. Approve Minutes- I , It ! Special Meeting- St. Bens 9/10/99 Mary Niedenfuer j , 7. Bills fayable and Overtime ICallouts 8. Public Comments on the Agenda I 9. Gohi¡Dan Right of Way Transaction 10. Right of First Refusal for First State Bank I I 11. Police Chief Recruitment I I 12. NSP¡prOPOSed Easement for Anchors and Downguysin Memorial Park 13. Col~ Spring Wastewater Treatment Facility Proposal- Authorization to commit $6,000 to participate in feasibility study for the Cold Spring Facility. , 14. Assessment Issue--Ben Hollerman i 1 15. Mayors Report I I 16. CorincilReports 17. Cle~kJ Administrator Reports i 18. Mi~ceIlaneous and Announcement Items 19. Adjourn . I I I I I , I , I I I I . . . . Additio a1 Packet Items Park Bo rd Minutes-8/23 EDAMi utes 9/27 ! Northsta Corridor West Exten$ion Study Information Minnesota Association of Cities information letter . . . . . ~ · J - - - CfERK/ ADMINIST~TOR MEMORANDUM TO: MAYOR AND CITY OOUNCIL i FR 1 M: CARl SŒfMlDT, CLERK-ADMINIS1RATOR , ¡ SUBJECT: MEMO FOR l0{7/99 OOUNCIL MEETING I i J'" 10/01/99 ! MLtingAgenda ~ise Violations - The ~eetingis relatively heavy on the 7th. An evidentiary hearing was requested by [he landlord forthe 7:0,0 noise violation. Tom Jovanovich will be present at the meeting to assist wi~ this process. In yoyr packet, you have the incident report as well .as a letter written by the stufents to the Council. : Th~ second. noise violation (304·, Old Highway 52)' is not an evidentiary hearing. As the stuentSl!",dlord didnotitequest '" evidentiary hearing, they dU1notconteSt that the eventsactuilly oc, rred. They can only somment on what they believe the repercussions (fine) should be. · Consent Agenda - ì a. $15.00 fee for fin~g serviœs - The Police Department receives a . large number of requests for fingerprinting services. ¡The requests primarily come from the student population that need fingerprints for their study abroad programs and spring break/summer vacation, trips. A fee has neyer been charged for this service. Most communities throughout the state charge, a minimal, fee for this service. The minimal $15.00 that is being proposed would cover the officers time and the prtceSSiIlg expense ofspc¡, a service f. J}.utharizatim to hire a pdn tirœoffiœrtofillin - Once Brad Lindgren is gone,.the police. department wïµ. be facing a shortage pf.officers. Currendy, there is one officer that works 7 days/ week from 7:00 AM to 5:00 PM. Two evening officers come in, one, at 5:00 PM and one at 9:00 PM every day eXfept for Wednesdays. ,iWith,Brad gone, the police department must adjust the schedule so that eVfryWednesdaytherewµI be two officers that work 12 hour shifts (resulting in 4 hours of over time eaïh week). The moming officer would work 7:00 AM-5:00PM and the evening officerJrom 5:00 t¥-7:00AM. This would be the minimum amount of overtime we would incur without extra help. uf,i:s is assuming that noJpne takes any vacation, comp time, sick leave or time off (which is highly unlikely as we entenhe holiday season.) I was told that the 3rd choice officer from the last hiring precess is only working part-time in another City. Hewould be able to fill in on Wednesdays to prfvent the ,overtime, and to also be on call for emergencies and if another officer needs time.off (vf-cation, comp time, sick leave). It was unclear whether staff had the, authorization to do this even though this has been done in the past. Council maywant to clarify whether we have authorization to · d this on a continuous is needed basis. I put this on the consent agenda, as I understand that this , I I I . has been the practice in the past. Don't hesitate to take it off consent if you have questions or . concerns. Minutes - I have fallen a little behind on the minutes. Whatever is not in the packet today, will be sent to you before the meeting on the 7th (I apologize- crazy week). Gohman Right of Way Transaction - The City needs to acquire the right of way for the placement of water and sewer lines and the construction of West Elm Street. Chad has drafted a· memo that is included in your packet outlining two options to consider. The first option would entail having Gohman donate the property in exchange for the waiver of hook up fees and trunk sewer charges. The second option would also entail Gohman donating the property, but the hook up fees and trunk sewer would be applied as a credit against the total assessment for the water and sewer lines on the property. After speaking with Chad, Judy and John, it is the recommendation of staff that option two be adopted. Waiving the fees outright would set a bad precedent for future projects and may open the floodgates for this issue to bite us in the future. Right of First Refusal for First State Bank- Greg Reinhart is requesting an option or'a right of first refusal to purchase the 40' of property to the East of the new bank site (the West 40' ofthe remainder). The Township has expressed some concerns to the Mayor regarding this proposition. If the Council and the Township agree to this, the paperwork will be drawn up to reflect that decision. Police Chief Recruitment - I contacted Brimeyer as well as the organization that Waite Park used. I should have detailed information to present to the Council at the meeting. From preliminary discussions with both groups) the City is looking at an expenditure of at least $10,000. I will have more information for you at the meeting. . NSP Proposed Easement- NSP is requesting an easement so that they can place anchors and downguys on a new pole along Memorial Park. Dick and Joe have reviewed the easement and have no problem with the agreement. John Scherer is also reviewing the document. Cold Spring Wastewater Treatment Facility Proposal - As we discussed at the meeting on September 30, Cold Spring is looking for a fmancial commitment from the City of $6,000 for the facility plan and collection and conveyance system analysis and report. The information in your packet is what was provided to the Mayor at a meeting in Cold Spring on the 28th. Weeks In Review- John Scherer laug4ed when I asked if it was always this busy in St. Joe. I was relieved when he told me that this is an exceptionally busy time for the City (but he also mentioned that there is no end in sight!) CORE met on Thursday night. We had a great turnout of students (approx. 35) and a few residents. The group decided that more advertising needs to be conducted to increase awareness of the meetings. Many students expressed frustration that they have been in St. Joseph for three years already and are just now hearing about CORE. ,A few people also expressed concern that we need more residents attending.W e decided, among other things that a regular meeting time and place would.help bolster attendance. Meetings, from now on, will be held on the last Wednesday of the month at 7:00 at St. Bens. I am hoping to reserve the same room each month (Bee Rm 25) If you are interested in attending, please let me know. I will post a notice that there may be a quorum of City Council members at the CORE meeting. This will allow any/all of you to attend without violating the open meeting laws. . - 2 .., .< . I afended a Tax Increm~nt Financing seminar in St. Paul on Tuesday audywill be attending the same meeting in a, few weeks,) It was very informative. If any of you are interested in reviewing the tals I received; just l.!r me know. W ekly meeclng' -The J,ployees are nowmeetllig On aregu1at basis each Week~ Tµesdays at 900. . s will give us an opporÇumty to review the previous Council meeting and talk about the upcoming we&.. I'm anxious to keep the communication on a high level. ratended the Healthy <::tmmnnitiesPattner'hip meeting On ¥"nday the 20,h. The group is in th9process of strategizing' how to proceed with their grant for the community "visioning" process (thf' gr<mp hates that ",on!~ if you have any synnnytn.5 for "visioning'.- please let me knowQ. ! I v sited both the dementkr and the lab. school with Hub Klein. and the Chamber President last ;ve!-k, The Chátµber brou¡;htapplesto the teachers as they have donem y""" past, It was nice to mJet the new administrator at Kennedy, and also the faculty at the Lab School. Speaking of the ~amber,'I also attended fnyfIrst Chamber meeting on the 21st and met many of the business leafers in town. ,1 0q Friday the 17th, I spent a few hours at St, Johns with Jim Hardwick. He showed me the "pub" on campus and some of the newer facilities. We discussed the current issues facing the community an? the colleges. He seems very excited about working together to solve some ofthe pressing issues thrthe Council disc~sse1 at the jo~t meeting. . C9ry EWert and I willb~ representmg St. Joseph as part of a team at a workshop at Augsburg COllege on Wed and Thursday of the upcoming week dealing with Alcohol and other Drug Prfvention in, communities with colleges. Jim Hardwick and J ody Terhaar, as well as 3 stufentswill also be attenping representing the colleges. This workshop brings together community an' school officials throughout the state to talk about what they are doing in their communities to deal with student and alc~hol issues. It will be interesting and hopefully educational to learn about w~atother communities like Northfidd (St. Olaf) and St. Peter (Gustavus) are doing about the issues th t we are facing. We will report back. to the Council on the outcome of the workshop. Jtandl met ",ithRîchIKno",lton,our broker from Smith Barney. He gave me an överview of th, City investmenthisto!y, It was good for background information. and should serve helpful for oinvestfilent committee meetings. I '... so met with ChrisHaJelie from St. Cloud last week. He gave me the overview of the1/2csales tj issue and some msighj on future St. Joseph and SLCloud issue'. . On Friday of next week, I will be at the League of Minnesota Cities representing St. Joseph for the an!nualconference planning meeting. As you know, the LMC conference is in St. Clood this next ye~ It ~ be a good opportumtyfor us to =ke sure the conference focuses 00 ßsues t~ rdare to St. Joseph and greater Minnesota. The conference will also give ,us the opportunity to show off our be utiful community. I ! Meetings! meetings! meetings! I think that's it. , , I . I ! , , I i I I - i 3 1 i ~ . As you all know, Lorraine started in the Police Department this week. She is bùsy leaming the ins . and outs of the Police Department and seems very enthusiastic about the newjob. We are excited to have her aboard- welcome Lorraine! Just a little reminder- I've only received one response/edit of the Emergency Operations Plan that I passed out a month ago. Bob has agreed to let me make the changes -and then we will review it together. Please look it over and bring me your suggestions as soon as possible. I know everyone is busy- so just a reminder! I just heard that it's snowing in Northfield, so I thought this graphic was appropriate. I picked a good weekend to move! Have a good winter, I mean weekend! .~ ~.'" .~~ . . - 4 , I . CITY, OF ST. JOSEPH First Avenue NW ). Box 668. , . Joseph, MN 56374 September 20, 1,999 20) 363-7201 x: 363-0342 Ms. Monica Pelzer PO Box 222 i a Rockville MN 56369 ! ! iAYOR RE: 117 Minnesota Street East ,enneth J. Hiemenz Dear Ms.Pelze~: I , :1.t<:RK! This letter has ~een prepared to provide you withnotice and information J>\IISISTR\,,()¡ regarding a pro~osed suspension or revocation of the rental license for the ."ari Schmidt above referenced property. .This action is being taken because of an alleged violation of Ordihance No.1 02 of the St. Joseph Code of Ordinances. This :OUNCILORS violation is alleged to have arisen out of an incident on September 18, 1999 30b Loso (copy enclosed~ . =.ert , The Sf. Joseph!City Çouncil willreviewthese allegations and consider ~ t appropriate action, including a suspension or revocation of your rental license, vlary Niedenfuer for uP. to a periqd of tWelve months. Th~ meeting will be conducted on Thursday, October 7,1999 at7:00 p.m. in the St. Joseph City Hall, 25 - 1st Avenue Northwest. At that time yOl~ are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing, will be for the purpose of determining wMether or notthe alleged violation did in fact occur. At that hearing, you have the right to cross examine witnesses and present evidence on your behalf. The proceedings will be video reçorded. Based upon the evidence presented, the ,Council will then make a determination as to whether or not the alleged violatio:n did in fact occur. ! If you wish to have an evidentiary hearing of this type, you must contactthe City 1 Clerk/Administrator in writing at least seven days prior to the scheduled Council meeting.., Ifarèquest for hearing is not received by the City Clerk/Administrator at leasiseven days before the hearing, you will then be considered to have waived your rightto have an evidentiary hearing and no evidentiary hearing will be scheduled. i A waiver of this right ,to hearing will beequivalentto an admission of the basic allegation(s) alleged herein and reported by the complaining party. , 1 If you waive your 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 pr?ceed immediately to consider a disposition, which may include I i I ! I I , I i ! '. i "...'.; Ms. Monica Pelzer . September 20, 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, 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 Brad Meyer . "~~1tt;·~~~:·" ..,."; ..;~~'!.':. ;J". -~i~:;~,; .~:::::;.·i."f·..~:: ~;./~. ...;0.":"'0; ~. "" PØLlCE DEP A.RTMËNT" c;~ ¡rt cor1 ¡Dù f BRADLEY J. LINDGREN. CHIEF OF POLlCE l' I BOX268.25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374-0268 I (612) 363-8250 EMERGENCY 911 DATE: .. OCj I¡~/er:t I . I TO: /Î')()n rOCC\ ~/fer FRa~r CH!EF L!ND~REN SUBJ[CT: NO!SE ORD!NANCE V!OLAT!ON , AS PER ST JOSEPH CITY ORDINANCE #102 (NOISE ORDINANCE)~ ?LEA¡SE BE ADVISED THAT YOU ARE HEREBY ·GIVEN NOTICE OFA NOISE VIOYATION THAT OCCURRED AT THE PLACE., TIME. AND DATE LISTED BELl"'· ¡ ., . PLEASEFINDpNCLOSED A COPY OF THE AFOREMENTIONED ORD~NANCE. . RESOLu;nON REGARDING ENFORCEMENT .0fNOUSING REG LATIONS, AS W~LL AS A COpy OF THE ST JOSEPH POLICE . DEP fIlENTREPORT! RELA mE: TOSA!DV! aLAn ON. DAT' OF VIOLATION! OCfhc¡h'1 ' .' .; I i I . , ' TIME, OF., VIOLATIONI OI.}CJ h...~ PLAtE OF VI OLA T! ON 11"1 {Y1 iM,S,*,- 5\.. 0.5!- SINfERELV, L /" i . LINDGREN FOF POLICE I OSEPH POLICEjDEPARTMENT . I I , i ! . I : , , I \ , . ~ 1 :~ ;þo ~ "!r " . . ORDINANCE 102: REGULATION OF NOISE. Section 102.1: Noises Prohibited. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably or unnecessarily annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. . This general prohibition is not limited by the specific restrictions of unlawful acts listed in Section 2. Section 102.2: 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 exclusive. Subd.l: Horns, Audible Signaling Devices, Etc. No person shall repeatedly souríd any audible signaling device on any vehicle except as a warning of danger. Subd. 2: Exhaust. No person shall discharge the exhaust or pennit the discharge ofthe exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or snO\vmobile or other recreational vehicle except through a muffler or other device that eÎfectively prevents loud or . explosive noises therefrom and complies with all applicable state laws and regulations. Subd.3: Defective Vehicles or Loads. .No person shall use any vehicle so out oÎre?air or sa loaded as to create loud and \.U1llecessary grating, grinding, rattling, or other noise. Subd.4: Loading, Unloading, UnDacking, Opening of Boxes. ~o person shall cre::te loud and excessive noise in loading, unloading, unpacking any vehlcle. or t..'1e opening and destrUc::on of bales. boxes. crates or containers. Subd.5: Radios. PhonograDhs. Pairing Systems. Etc. ~o person shall use or ope~te or permit the use of operation of any radio receiving set. musical instrUment. phonograph. paging system. machine. or other device for the production or reproduction of sound in a distinct and loudly audible m:lIU1er as to disturb the peace. quiet. and comfort of any person residing in the :leighborhood at any time \\ith louder volume than is reasonably necessary for convenient heanng of the ?erson or persons who:rre In the room. vehicle. chamber. or immediate vicinity in which such machme or deV1ce IS being ope~teci. Oper:mon of any such set. instrument. phonograph. machine. or othe, device in such a m:l.T1I1er as to be plamly audible at the property line of the structure or buiiding in wru.Ó it is loc:lteå. m the hailway or apartment adjacent. or at the property line iÎ the source is located outside a structure or ~uiiding shail be pnma råc1a evidence of a violation of this secnon. Subd.6: Particicarion in Noisy Parties or GathennlZs. ~o person shall participate in:my party or ùther gathenng or penna any party or other gathering of peopie gl\"1ng me to noise. disrurbing the peace. . yUle!. or repose of another person. When a police officer receives a complamt and dete.~mes that a . .. . gatberin is creating suèb a no!so disturbance, the officer "';1Y order ,,11 persons present, other tban the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall re se to leave after bein~ ordered by a police officer to do so.. Every owner or tenant of such premises who has lmowledge öfthedisturbanceshall 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 ersonand is heard o~tside the limits of the real estate from which the party is occurring shall be such a n ~~yparty or gathering which constitutes a violation of this ordinance. . . I ' .. . ubd. 7: Animals. No person shall keep any animal that disturbs the comfort or repose of persons n the vicunty bYits 1'quent or continued noise. pection 102.3: Hourly Restriction on Certain Operations. No person shall, between the hours of 9:30 p.m. and 6:00a.m. drive ¡or operate any minibike, or other recreational vehicle not licensed for travel on~1 public highways. , Sqowrnobiles andATVs shall be controlled by the operation of the Snowm. bile and ATV Ordinances and this Ordinance shall not cover the operation of snowmobiles. /' .. Section 1 02.4:.Lan~110rd's L~abili~. Violations of the noisecon?,ol.regulati~ns shall be the act /' of the 0 er of the resIdentIal dwellmg umt even though he does not resIde ill the umt as well as the persons on the premises who ¡violate said regulations, except that the owner shall be liable only for those violatio s occurring after rec~ipt of written notice from the City of St. Joseph or its police depamnent of a violat on of the noise control regulations having occurred at the residential dwelling unit.. For purposes . of this ection, owner is defined to include corporations and partnerships as well as individua.l owners. Section 102.5: Enforcement. , Subd. 1: Enforcemeht Duties. The police department shall enforce the provisions of this Ordina ceo I , i Subd.2: Civil Rem~dies. This Ordinance may be enforced by injunction. action for abatement. or othe[r appropriate cÌvil, rerredy. I Subd. 3: Criminal Renalties. Every person who violaresanyprovision oftrus Ordinance IS gUll ty t a petty mtsdeme;m\>r.Any i~dividuaiwbo is convicted 0 i tbÌ-eè .or more qo1a ¡jons within a three ~e:J.r period shall be gûilty of a misdemeanor., Plus. in either case. the COStS oÎprosecmion. Each act of j.¡liolation and each da~ a violation occurs or continues constitutes a se~ar.lte oIÏense. " ' . . '.' - I 1 Section 102.6: Evep- section. provision. orpan of this Ordinance is decìared se;Jar:He from '"e.'Y ¡'he, section,. provisiqn; or par¡: and ibny secuon, provision. or por¡ sholl be held :r.",iid. "shoil nor :If ect :lny othersection.1 provislOn or pan. I I I . , /, .. Resolution Re~arding Enforcement of Housing Regulations . WHEREAS, the City of St. 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 St. Joseph; WHEREAS, the City Council has also made a determination that the owners of rental properties have allowed occupancy by ~number of tenants in excess of that pennitted by the zoning of the property or otherwise permitted under the City Housing Ordinance; and WHEREAS, the City Council fmds that occupancy by tenants in excess of the specified number creates risk of injµry to the occupants, a disruption to adjacent properties, and other adverse consequences to the 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 St. 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 of the 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 rentallìcense 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 St. Joseph this 11th day of July, 1996. cln~::;.tiEj:uJ~ . Mayor Qb~~ qerk Admin;>! ato ...... '! . ST.ITOSEPHPOLICEDEPARTMENT Bradle~~~~dgren , Box 268,215 N.W. IstAvenue SERGEANT i St. Joseph, Minnesota, 56374-0268 Jeff Young I (320)363-8250 Emergency 911 OFFICERS Brad Meyer Jean Gustjn _ Sat 09-18 99 St. Joseph Polic.Eo'Department 11'!1õeiBU£:51 aID Initial Complaint Record Jason'Dalû Case Numb~r :99002087 Date Reportf!od: '09/18/99 Report &d ~y: SCSD. " , 1>OB: Addre~s: ~07 COURTHOUSE:. l>R. P.O.BOX 217.Apt. :ä:,' _ Phone #: 32Ø/251:-4240 City: ST. JCLOUl> State: MN Zlp Code: 56302 Danger (Y/N): N COIDPlaina]t: ELANCHETTE KEVIN DOB: Addre~s: 113 MINNESOTA ST E Apt. :ä: Phone #: 320/363-4143 City: ST ¡OSEPH ; State:MN Zip Code: 56374 . ' Danger (Y/N): N Incide-nt De~cription: ,', COMPLAINT OF LOUD PARTY IN GARAGI:.AT 117 MINNE:.SOTA STEAST?UPON ARRIVAL GARAGE:., YARD, HOUSE FULL Of- LOUD PI-:.Ol-'U: BRE:.NNA .;JOYCE WALKER 042178& TIFFANY ANNIE HAAG 032378 WARNED FOR CRIM CITATION/ClVIL NOISE VIOLATION PURSUED Squad/Bade #s: 7710 7703 Addt'l Reports: No Protec:"t.pd: No øV'd By: 10 Day: SAT Date Committed: 09/18/99 Time Committed: 01 : 29 Mess. Key Control Number (OCA) Cant. Agency NCIC Iden"t.. (CAG) ECI [99002087 MN0731100 Date Reported (RPU) Time Reported <TRP) Location Grid Number (LGN) 09/18/99 01 : 29 Place Committed (PLC): 117 E:. MI NNES0TA S1 HHD Squad/Badge '" (SBN Time As s i g. <TAS) Time Arr,<TAR) 1 imp CJ r, <TCL} R 771 ø Ø1 : 29 01 : 31 01 : "'+9 ISN UOC UCS Ø1 9250 S . . , '., . , . , . ST. JOSEPH POLICE DEPARTMENT SUPPLEMENTARY REPORT I CRä 99002087 'r COMPLAINANT: ST JOSEPH POLICE DEPARTMENf OFFENSE: NOISE ORDINANCS VIOLATION ON 09/1ß/~~ AT 012~HRS MYSELF AND OFFICER MEYER R~CE[VED A CALL FROM DISPATCH REGARDING A LOUD PARTY AT 117 ~AST MINNEsorA ST IN THE CITY OF ST JOSEPH. DISPATCH ADV[SED TH~T A NEIGHBOR H~D CALLED IN rHE COMPLA I NT , STATING THAT TH~ PARTY WAS LOCA rED IN TH~ GARAGE AT THAT Rt::S [DENCI~. WE / RI~SPONDr.:D TO THAT LOCA nON WHERr.: WE COULD HEAR LOUD VOICES FROM THr.: PROPERry WHILE IN THE ALLEY BEHIND TH~ RES I De::NCt::. WI-: THEN PULLED IN THE DRIVEWAY t=ROM THE ALLEY AND DISCOV~RI~I) ~ LARGE GROUP OF APPROXIMATELY 40 PEOPLE (N THE GARAGE, t"H~ YARD, AND INSIDE THE HOUSE. I NOfICED THAT SOMe OF TH~ iNDIVIDUALS WERr.: HOLDING PLASTIC GL~SSES t=ILLED WITH WHAt" ( . ASSUMED TO 8E BESR. WE THEN ,ENTSRED THr.: GARAGE AND TOLD I:::VERYONr.: TO QIJI~ r DOWN AND LEAVr.:. AS WE WERe:: St::ARCHING FOR THE' RENTI::RS, I DID OBSERVt::: ONE KC::G LOCA n:::D IN rHI::: GARAGE 0 OFF LCER MI::YER SPOKE WITH BRENNA JOYCE WALKER 04/;~1/78 AND TIFFANY ANNIE HAAG 03/23/18 WHO Wr.:RE TH~ RENTŒRS PRESe::NT AT THE T IM~. WALKER AND HAAG WERE GIVEN A WARNING FOR TH~ CRIMINAL NOISE VIOLATION, HOWEVER WERE ADVISED A REPORT WOUU) B~ FORWARDED TO THE CITY COUNCIL FOR REVISW. AS W~ We::REAT THE RESIDeNCE DISPATCH ADVISED US THAT THEY REC~IVED ANOTH~R COMPLAINT REGARDING PEOPLE FROM THE PARTY GOING INTO N~IGHBORS GARAGES. THE PARTY WAS QUIETED DOWN AND WE WERe:: CLEAR Af Ø14~HRS. OWNER OF THe:: PROPERTY MONICA PELZ~R WAS NOTIFIED OF VIOLATION SHORTLY At=rER CLEARING. OFFICER: PAUL SCHLEY ~771Ø Sf JOSEPH POLICE DEP~RTMr.:NT . , \ I ! i i , , . S¡tember 29, 1999 C i Schmidt I Cry Clerk/Administrator 2 First Avenue NW I P.O. Box 668 ¡ Stl. Joseph, MN 563741 , : 117 Minnesota Street East T¥s letter is twofold. First, let me express my concern regarding the alleged violation dilit occurred on September 18, 1999. I have been active with renting this home for the p t 14 years and this tpe first incidence, of this nature that has occurred. It is my desire to co-operate with the St. Joseph City Council in a fair resolution. ! S cond, I am here by, tequesting to have an evidentiary hearing in accordance with the innesota Statues 14.57 to 14.70. ¡ 1 R spectfully . ~~:~~ - j R~ckville, MN 56369 (320) 253-4243 I i . ! i \ . , , I ear Council Membeís: Weare writin~to address the Noise Ordinance Violation thatwe received on the orning of Septembe( 18, 1999. We would like to explain the sequence of events that o curred that night. I The evening s~arted with a barbecue that we hosted for our c1oseJriends. We p oceeded to go toa local. establishment. We were informed after the incident that there as an announcementimade from the DJ booth at the La Playette that "The Jungle", our h use, was having an ~fterbar. When we returned home at approximately 1: 15 a.m., there was no one on our p emises except for te we had invited. How,ver, within IDe oext14 minutes,people b gan to flock to our orne. Upon, their arrival, a large amount of noise accompanied the u invited and unwant , d people. These, people were not allowed in our house - we had t rned them away. Therefore, they were congregated outside thus causing more noise a d disrupting neighb9rs. Before we could further request people to leave, theSt. Joseph Police Department had arrived. They told us that they had received a complaint andthat ~{oPle needed to either go inside of the house Or leave the property. We cooperated with t e police and regained control in a timely fashion. Since this everttoccurred, we have spoken with our neighbors. We feel terrible ~at irresponsibk and Inappropriate b~håvior was displayed on out property and in no lay do we condone s~ch behavior. We accept this event as a learning experience and are . T~e of the rroniflcm\ons of such behavior and ~eaw~e of our role m the commumty a, well. We will continue to make others aware of this issue in our community of St. J ,seph. By joining C~RE we have made a reactive step towards possible solutions to t~is issue and hope to increase the proactiveness of others. in the community. At the CORE meeting we dis1cussed ways to curb the outrageous behavior of certain students. vie came to a consenshs that the problem begins not necessarily with the student renters, br rather with those J.ho continually disrupt the neighborhoods. Thank you for your time and consideration on this sensitive subject. We look frward to discussing this event and possible solutions for the future. S ncerely, ,: r:2 <t~~~ . SmJ~rp~J lenna Walker, Tiffarty Haag, Kate orner, and Sarah Panger! S ptember 30, 1999 I . I ¡ , . 0' 1 I , , , ... ~ CITY OF.ST.JOSEPH 21 First Avenue NW P.O. Box 668. St. Joseph, MN 56374 September 20, 1999 (320) 363-7201 I , i Fax: 363-0342 Mr. Dan Marrin' Ilk St. JoeTownhòmes PO Box 18421 st. Cloud MN JMN 56302 HE 304Qldlghway 52, Apt. 1 MAYOR Kenneth J. Hiemenz 1 i Dear Mr. Marrip: CI.ERIJ I A"'II~ISTR\T()R This letter has.been prepared to provide you with notice and information Cari Schmidl regarding a proposed suspension or revocation of the rental .Iicense for the above referen~ed property. This action is being taken because of an alleged COÙNCII.ORS violation of Ordinance No.1 02 of the St. Joseph Code Of Ordinances. This violation is alleged to have arisen out of an incident on September 18, 1999 Bob Loso (copy encloseq) . co.ert Ke, The St. 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, October?, 1999 at7:20 p.m. in the St. Joseph City Hall, 25 ~ 1st Avenue Northwest. I At that time yo\-! 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 determiningwþetheror not the alleged violation did in fact occur. Atthat hearing, you hi=\ve the right to cross examine witnesses and present evidence on your behalf. "Çhe proceedings will be video recorded. Based upon the evidence presented, thelCouncil will then make a determination as to whether or not the alleged violatiqn did in fact occur. If you wish to ~ave an evidentiary hearing ofthistype, you must contact the City Clerk/Administlrator in writing. at least seven days prior tothe scheduled Council I meeting. If a r~questfor hearing is not received by the City Clerk/Administrator at least seven days before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled..iAwaiverof this right to hearing will be equivalent to an admission of the basic allbgation (s) alleged herein and reported by the complaining party. . If you WaiVey~Ur right to hearing, or ifanevidentiary hearing<is conducted and the Council determines that a violation did occur, then and in thos~ events, the Council will prqceed immediately to consider a disposition, which may include I I I ....¡:' .. Mr. Dan Marrin · September 20, 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 righUo 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, 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 Brad Meyer · :"~~~~iff~;.-t~ . ":;:. M "':~~" ! . ""...,," POLICE DEPARTMENT Ct'+ï ~v ~ ,,?D{1'" , Caf'j BRADLEY J. LINDGREN. CHIEF OF POLICE ! BOX 268. 25 N.W. 1ST AVENUE ST. JOSEPH. MINNESOTA 56374-0268 : (612) 363-8250 EMERGENCY 911 1 i I 1 : Cfi !t,199 I I DATE ! I ! TO: ,rlNI 1 , ¡ FROM: CHIEF LINDGREN I i SUB ECT: NOISE ORDINANCE VIOLATION I , I AS PERSTJOSEPHCITYORDINANCE #102 (NOISE ORDINANCE)~ PLE~SE BE ADVISED! THAT YOU ARE HEREBY ·GIVEN NOTICE OF' A NOISE VI01j.ATION THAT OCf=URRED AT THE PLACE. TIME, AND/DATE LISTED BEL!W' ! PLEASE FIND 'ENCLOSED A COPY OF' THE AFOREMENTIONE,D OR" NANCE,RESOLUrrION REßARDINGENFORCE!\ENT OF HOUSING REG LATIONS, ASW,ELL ASA COpy OF THE ST JOSEPH POLICE 1 . DEP fRTMENT , REPORT¡RELA TIVETO SA ID ,V I aLA TI ON, DAl OF VIOL~TI01 (J'IJ;.fi/1'l ... TIME OF VIOLATION c2,)5"}{ PLt OF. VIOLATI~N30~ÓdHw197F¡ SINCERELY, I ~~GiEN " CHIEF OFpQLlCE i ST JOSEPH POLICE/DEPARTMENT , i I 1 I I ! . i ! . I I : ! 1 .Ì 1 . ! .. i 1 .:! ~ ! ^~' ~. .... , . ORDINANCE 102: REGULATION OF NOISE. Section 102.1: Noises Prohibited. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably or unnecessarily annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of unlawful acts listed in Section 2. Section 102.2: 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 exclusive. /' Subd.l: Horns, Audible Signaling Devices, Etc. No person shall repeatedly sound any audible signaling device on any vehicle except as a warning of danger. Subd. 2: Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or snowmobile or . other recreational vehicle except through a muffler or other device that effectively prevents loud or explosive noises therefrom and 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, UnDacking,Openin2: of Boxes. No person shall cre~te loud and excessive noise in loading, unloading, unpacking any vehicle. or the opening and destruction of bales, boxes. crates or containers. Subd.5: Radios. Phono\IT:mhs. Pag:ing: Systems. Etc. No person shall use or operate or permit the use of operation of any radio receiving set. musical instrument. phonograph. pagi.ng system, machine, or other device for the production or reproduction of sound in a distinc! and loudly audible manner as to disturb the peace. quiet. and comfort of any person residing in the neighborhood at anytime with louder volume than is reasonably necessary for convenient he:uing oÌ the person or persons who are in the room. vehicle. chamber, or immediate vicinity in which such machme or device IS being operated. Operation of any such set. instrument. phonograph. machine. or other device in such a manner as to be plamly audible at the property line oÌ the structure or building in which it is located. in the hallway or :J.partmem adjacent, or at the property line if the source is located outside a structure or buiiding shall be ¡mma r:lcla evidence of a violation of this section. Subd. 6: P:u-ticiDation in Noisv Parties or Gatherimzs. ~o pe:-son shall participate in ::my party or 0ther gathenng or permlt any party or other gathenng of peopie g1'v'ing nse to noise. disturbing the peace. . YUlet. or re¡Jose of another person. When a police officer recel\'es a complaint anddete:mines that:J. '. . . . gathering's creating such a noi~e disturbance, the officer may order all persons present, otherthan the owner or enant of the premise~ where the disturbance is occurring, to disburse immediately. , No person shall refu e to leave after beingord~red by a police officer to do so. Every owner or tenant of such premises who has knowledgeo'f the disturbance shall make every reasonable effort to see that the disturban, e is stopped. Any sJch noise which has the affect of disturbing the peace, quiet, or repose of another p rson and is 'heard outside the limits ,of the real estate from which the party is occurring shall be such a no sy party or gathering which constitutes a violation of this ordinance. . Sfbd. 7; Animals. N4 personsball keep !'IlY anima! thaI disturbS the cOmfortorrepos< of persons T the vicinity by its frrquent or continued noise. [Cliort 102.3; Hourly Restriction. on Certain Ü]Jeråtions. No persort shall, betweert the hours of 9: 30 p.rn and 6 :00 .em. drive. þr operate any nrintbtke, or other recreational ve!ricle not licensed for travel on public highways. Sriowmobiles and ATVs shall be controlled by the operation of the Snowrno ile and ATV Ordinahces and this Ordinance shall not cover the operation of snowmobiles. tction 102.4:' LandlLd's Liability. Violations of the noise control regulations shall be the act of the 0ter of the residentia~ dwelling unit even though he does not reside in the unit as well as the persons, n the premises who,yiolate said regulations, except that the owner shall be liable only for those vi OlatiO~S occurring after reccipt of written notice frOnt the City of S t Joseph or its polic e deparnnenr of a violati n of the noise control regulations having occurred at the residential dwelling unit. For purposes . of this s ction, owner is defm~d to include corporations and parmerships as well as individual owners. I ~ection 102.5: Enfoicernent. Subd. I: Enforcerne~t Duties. The police department shall enforce the provisions of this Ordina ceo , Subd.2: Civil Reme1dies. This Ordinance may be enforced by injunction. action for abatement. or othe aDpropriate civil remedv. , I · I Subd. 3: CriminalPbalties. Every person who violates any provision of this Ordinance IS guilty 9f a petty misdemeanor. Any individual who is convicted of three or moreviolations within a three Yiar period shall beguFty of a misdemeanor. Plus., in either case. the coStS of prosecution. Each act of 'ilOlation and each dawa violation occurs or continues constitutes a seDar:ne offense. - i .. ~ Section I 02.6: Eve~ section. provision. or part of this Ordinance is dedared se?ar:lte ITom every ¡her sectlon. provisio:n. or part: :mà if any section., provision. or part shail be ne:d :r:vaiid. t! shai I not aff ct any other section. 'provislOn Or part. . I ¡ . i ! ¡ ! ì i I , '. , , I I '. ., I ! ! i . Res6lution Regarding Enforcement of Housing Regulations ! WHEREAS, the City of St. Joseph is currently has in place an ordinance authorizing the revocation or suspension of a rental license in the event of a detennination that illegal or unlawful activities are occurring upon the rental premises; W1lE}:ŒAS, as a matter of policy, the City has not considered revocation or suspension ofa 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 St. Joseph; WHEREAS, the City Council has also made a determination that the owners of rental properties have allowed occupancy by a number...oftenants 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 . to the 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 St. 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 of the 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 lmowingly 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 St. Joseph this nth day of July, 1996. C~S~uJ~. . Mayor ~ . " . . Sun øq-1q- q .JQ~ephPoljce Department Ti lIIe: ' 4:54 ëtlll Initial Complaint Record ¡ Repcn....t ed,: Ca~e Number: qq(('Jø2ø94 I Date- øq/18/9q Reported By: ANONYMOUS ! DOB: Addre~s: A~ONYMOUS : Apt, #: Phone #: City: ANON~MOUS I Stëtte: MN Zip Code: Danyer <Y/N): N Complainan : ¡ DOB: Addre~s: I Apt. #: Phone #: City: I Stëtte: Zip Code: Danger (Y/N) : Incident De-scription: I COMPLA 1 Nl OF LOUD PAR1Y AT 31214 OLD HWY 52 #l/UPON ARRIVAL ¡VIOLATION OCCUR~DI SPOK~ WITH KRIST1 JO MARTHAL.!:.R 1(('J/09/79 AND DUSTIN WAYNE THOMPSON 1215/21/80 SEI:. ADDITIONAL REPORT. ,/ Squad/Badge #s: 7710 7703 Addt' 1 Report 5 : Ye<:. Protected: No ! ¡ ~V'd By: i I I 10 Day: SA- Dëtte- Committed: Øq/18/99 Time Committed: 22 : 58 , 1 Me ~ s. Ke-y Control Number (DCA) Cont. Agency NCH.:] de-TIt. (Cf4G) ECl 199002094 MN0731100 Date Rppo¡rt ed (RPD) i Ti me Reporteod <TRP) Locat ion Gri d Nl..lmber (LGN) I 0q/18/q9 I 22 : 58 I Place Committed (PLC) : I ! 31214 OLD HWY ~2 #1 HRD Squad /Badge # (SBN) Time As 5 i9. <TAS) Time Arr. <TAR) TilDe Clr. <TCL) p 7710 ! 22 : 58 23 : 0'-'1 2::S : 1'-'1 1 5 N U DC U C S 01 '9250 S , . ! ¡ i ! i I ,~. .... . ST. JOSEPH POLICE DEPARTMENT SUPPL~MENTARY REPORT I CR# 99002094. 1 COMPLAINANT: UNKNOWN 1 , OFF~NSE: LOUD PARTY NOISE VIOLA1ION I I sa- ON 09/1B/9~ AT 22£5HRS MYSELF AND OFFI CER MEYER RECéIVEDA NOISECOMP AINT FROM A REFUSED COMPLAINANT ON OLD HWY 52. THE COMPLAiINANT, STATED THAT A PARTY WITH LOUD MUSIC WAS , OCCURI NG AT 31214 OLD HWY ~2 I N APARTMENT # 1. WE RéSPONDI:::D-\ 0 THAT ADDRE1SS AND DID HEAR LOUP MUSIC AND' VOICES FROM OFf- lHE PROPERTY. I AS Wé APPROACHED THE RESIDENCE:. WE COULD HEAR THAT SOM~ OF THE VOICéS WERE COMING FROM THE F1RST FLOOR LIVING I ROOM., HOWEiVéR THé MAJORITY OF TH~ VOICES AND LOUD MUSIC WERE I COMING f- ROM THE, BASEMENT ~ WE KNOCKEH ON THE DOOR AND GAIN~_D I ¡"NTRV TO JH¡" Rr;:SlDENCE AFTEf<SOM¡"ON¡". YELL¡"" "COME IN." AFTEf< . BEING ,IN HE RESIDENCE FOR A SHORT TIME., ,1 HEARD WHAT SOUNDING IKE NUMEROUS PE:.OPLI:.<RUNNING UP<THI:. BASEMENTSTA1RH AND OUT1Hé BACK DOOR. 1 IDENTIFIED THE RI:.NTERS ASK-./ISTl JO MARTHALE-'/ 10/0~/79 AND DUSTIN WAYNE THOMPSON 1215/21/8121. MARTHALI:.-'/ AND THOMPSON WERE INFORMED OF THI:. COMPLAINT AND ADVISED THAT THEY WOULD NEED TO QUIET THE PARTY DOWN. THE TWO WI=.RI:. ALSO I I NFORMED THAT THEY .WOULD BE RECE 1 V ING A WARNING FOR -IHE CRIMINAL CITATION., HOWEVER THIS RE~tORT WOULD STILL HI:. f-ORWARD~n I TO THE CITY COUNCIL FOR RI=.VIEW. THERE WERE ALSO ADVISED TiHAT IF WE WERE CALLED BACK TOrHAT ADD-'/I=.SS LATER IN -IHE EVENl~G., A CITATION WOULD BE ISSUED. LATTEMPTEDTOMAKE CON-JACTWITH DAN MARRIN, THb OWNER OF THE PROPE-./-IY, HOWl-:VI=.-./ RI:.CI:.IVED ~O. ANSWER. A~I=.SSAGE WAS LEFT ON HIS VOICE MAIL TO 1 CONTACT ME. WE WERE CLEAR AT 2310HRS 0f-f-1CER: SCHLI:.Y #771121 ~ ST JOSEPH POLICI:. DEPARTMEN' " ,.,. . . Election Judges , November 2,1999 \ Adeline Gillitzer I I Marcella Gill I Tom Naharl I I Marge Lesnick I' I Elaine Imholte i I Carol Trinkline I Doris John~on Gene Pfanrlenstein , Leona Gap1,<o i . Cari Schmidt I I Mary Generous 1 f Judy Weyr~ns i I i I I I ¡ , I I I I . I , I I I \ 1 Oct" 1999 Bills Payable Page 1 Fri 10:49 AM City of St. Joseph . Check October 7, 1999 Transaction Depart Number Name Amount Comments Description Fund 27388 ABBOTT 'I LONNIE 60.00 3 park board meetings Legislative Committies 101 27389 AIR COMM OF ST. CLOUD, INC 30.00 radio repair Communication Service 101 "'" AUTO 'i"UE - .", 14.80 ign kit Sanitary Sewer Maintenance 602 27391 BATTER ES PLUS 76.59 pager batteries Fire Fighting 105 27392 BRANN:I LOCKSMITH 130.68 repair lock, fire hall Fire Station and Building 105 27392 BRANN LOCKSMITH 7.08 keys (secretary) Crime Control & Investigation 101 27393 BUMPER TO BUMPER 12.67 switch repair Fire Station and Building 105 27394 CELLU 2000 i 0.64 cell phone, fire Fire Communications 105 27394 CELLU 2000 ¡ 0.64 cell phone, fire Park Areas 101 27395 CENTRA MN MENTAL HEALTH CENT~ 155.00 psychological, Daluge Crime Control & Investigation 101 27396 CHADER BUSINESS EQUIPMENT 408.37 copy machine service cont Salaries & Adminstrative 101 : 108 .20 copy machine - police Crime Control & Investigation 27396 CHADER BUSINESS EQUIPMENT I 101 27397 COMPLE E ELECTRONICS I 30.00 cable repair Sewage Treatment Plant 602 27397 COMPLE E ELECTRONICS 15.00 repair radio Fire Station and Building 105 27398 DUNCAN KIM 69.00 cleaning service City Hall 101 27398 DUNCAN KIM 1 69.00 cleaning service City Hall Annex 101 27399 EMERGErYMEDICAL PRODUCTS 122.03 medical supplies Medical Services 105 27400 FENEIS ENTERPRISES, INC 105.00 service contract Community Sign 101 27401 FIRST fTATE BANK 19.00 collection fee Administration and General 601 27401 FIRST tTATE BANK 19.00 collection fee Administration and general 602 27401 FIRST TATE BANK 19.00 collection fee Waste Collection 603 · "''' "." f'^~ '~K 10,.85 payroll services Accounting 101 . 27402 FLEXIB E PIPE TOOL COMPANY I 349.47 sewer rodding equipment Sanitary Sewer Maintenance 602 27403 G & K ERVICES I 43.95 towels, fire hall Fire Station and Building 105 i 27404 GALL'S INC 78.97 evidence tape Crime Control & Investigation 101 "", G""'~ J~" 60.00 3 planning meetings Legislative Committies 101 27406 HAWKIN WATER TREATMENT GROUp 12.00 water tests Purification 601 27406 HAWKIN WATER TREATMENT GROU~ 80.00 sewer tests Sewage Treatment Plant 602 27406 HAWKINf- WATER TREATMENT GROUp 12.00 water tests Purification 601 27406 HAWKINf- WATER TREATMENT GROUl 12.00 water tests Purification 601 "'" "'K'N[ "~R 'NEA,",," GNOU1 311.76 hydrflousilicic acid Purification 601 27407 I. T. . PATCH COMPANY 57.75 badges (25) Crime Control & Investigation 101 27408 INTOXI ETERS i 181.05 mouth pieces Crime Control & Investigation 101 I 27409 K.E.E. .R.S. INC i 127.69 police badges Crime Control & Investigation 101 27409 K.E.E. .R.S. INC 1,590.29 Daluge, uniforms Crime Control & Investigation 101 274D9 K.E.E.~.R.S. INC 29.77 uniform, Brunner Crime Control & Investigation 101 27409 K.E.E.~.R.S. INC 11.66 uniform, Lindgren Crime Control & Investigation 101 27410 KALINO] SKI, KATHLEEN SR 80.00 4 planning meetings Legislative Committies 101 27411 KLEIN, HUB 100.00 5 planning meetings Legislative Committies 101 27412 KURIL1 101.18 healthy community banner Legislative Committies 101 27413 LATZKA, THOMAS 500.00 bank appraisal Facilites and Planning 101 27414 LAW ENI ORCEMENT SYSTEMS 165.00 federation dues 101 27415 LESNICK, MARGE 60.00 3 park board meetings Legislative Committies 101 I 27415 LESNICK, MARGE 60.00 3 planning meetings Legislative Committies 101 27416 LITTLE SHOP & WELING 169.50 bracing, tow hitch Fire Station and Building 105 . , 1 Oct 1999 Bills Payable page Fri 10:49 AM City of St. Joseph · October 7 1999 Check Transaction Depart Number Name Amount Comments Description Fund 27417 LOSO, NOREEN 260.00 13 meeting, cable Legislative Commit ties 101 27418 MENARDS 28.21 repair supplies Maint Shop 101 27419 MUSKE, CHUCK 60.00 park board 3 meetings Legislative Committies 101 27420 NAHAN, TOM 260.00 13 cable mtgscovered Legislative Committies 101 27421 NCPERS GROUP LIFE INSURANCE 30.00 life insurance 101 I 18.07 auger bit Park· Areas 27422 NORTHERN STATESrUPPLY INC 101 27423 PHYSIO CONTROLS 236.58 defib battery, pads Medical Services 105 27424 RAJKOWSKI HANSME~ER LTD 2,281.63 legal fees, criminal Crime Control &, Investigation 101 27424 RAJKOWSKI HANSME ER LTD 104.00 legal fees, ordinance Ordinance & proceedings 101 27424 RAJKOWSKI HANSMEfER LTD 208.00 legal fees, industrial pk Industrial Development 101 27424 RAJKOWSKI HANSME!ER LTD 16.00 legal fees, events center City Attorney 101 I 1,594.49 legal fees, general City Attorney 27424 RAJKOWSKI HANSMEfER LTD 101 27424 RAJKOWSKI HANSME!ER LTD 176.00 legal fees, general City Attorney 101 27424 RAJKOWSKI HANSMEiER LTD 216.00 legal fees, ROW CSB Street Maintanence 421 1 27425 SCHMIDT, CARl I 4.00 parking NAHRO Conference Salaries & Adminstrative 101 27425 SCHMIDT, CARl I 46.50 mileage, planning confer Salaries & Adminstrative 101 27426 ST. CLOUD FIRE EQUIPMENT 45.38 service extinguisher Street Maintanence 101 I 45.39 service extinguisher Park Areas 27426 ST. CLOUD FIRE EPUIPMENT 101 27426 ST. CLOUD FIRE EQUIPMENT 45.39 service extinguisher Administration and General 601 , 27426 ST. CLOUD FIRE EQUIPMENT 45.39 service extinguisher Administration and general 602 I 12.00 service extinguisher Salaries & Adminstrative 101 · 27426 ST. CLOUD FIRE EbUIPMENT 27426 ST. CLOUD FIRE E UIPMENT 92.36 service extinguisher Fire Station and Building 105 I 27427 ST. CLOUD RESTAUfANT SUPPLY 51.81 wash machine soap &disp Fire Station and Building 105 27428 ST. JOSEPH NEWSL~ADER 30.60 school in session ad Crime Control & Investigation 101 I 27428 ST. JOSEPH NEWSL~ADER 127.50 ordinance 54 & 106 Legislative Committies 101 1 27428 ST. JOSEPH NEWS LEADER 137.70 hearing 90/91st Street Maintanence 421 I 27428 ST. JOSEPH NEWSLEADER 43.35 sign variance Legislative Commit ties 101 I 27428 ST. JOSEPH NEWS LEADER 48.45 sign variance Legislative Committies 101 I 27429 STAMP FULFILLMENf S. CNTR 200.00 stamped envelopes Crime Control & Investigation 101 27429 STAMP FULFILLMENr S. CNTR 200.00 stamped envèlopes Ordinance & proceedings 101 27429 STAMP FULFILLME~T S. CNTR 329,.20 stamped envelopes Salaries & Adminstrative 101 27430 STEARNS COOPERA~IVE ELEC. ASSN 278.75 street lighting Street Lighting 101 I 27430 STEARNS COOPERA'I1IVE ELEC. ASSN 31 street lighting Street Lighting 101 I 27431 STEARNS COUNTY SHERIFF'S DEPT. 25.00 ticket books Crime Control & Investigation 101 27432 STREICHER'S I 180.30 window tint tester Crime Control & Investigation 101 27433 UTSCH, GERALD 60.00 3 planning meetings Legislative Committies 101 27434 WALZ, JOHN 60.00 3 park board meetings Legislative Committies 101 27435 WH PENNY CO 109.16 ammunition Police Training 101 27436 ZEP MANUFACTURI~G 92.93 cleaning solvents Maint Shop 101 , I I w_______ Grand Total 13,508.64 I · ¿ ~ <t: ~ . <XJ (\] ~~ 0) 0) . ¡ ~ Q) 0 10 O! 0 <XJ 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (¡jO 010 IO:OC') NOt-- 0 00 00 t--o OOC') 00 0 t: æ N ex:> 01 r--:..,¡. ex:> N tri 0 ex:> 0 r--: 0 r--: 0 <Ó 0 N r-.: 0 LÒ _ _ ~ ID ......I'...¡- N 10 ID t-- N C') ID ...... C') 10 <XJ ~ N 0) N N C') c:5~ t--...... 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OVERTIME AND CALLOUTS Raymond Bechtold Wendell Daluge I ' 09-20-r 2.001m; Weekend work 09-09-99 5.00 hrs cover shift 09-21- 9 3.00 hrs Weeken~ work 09-14-99 4.00 hrs cover shift 09-10- 9 2.00 hrs weekend work 09-06-99 5.00hrs holiday pay 09-¡¡-t9 2.00 hrs weeken~ work Brad Lindgren Jean Gustin I I ' 1.00 hrs finish shift 09-07-~9 2.00 hrs Court 09-1O-r 2.25 1m; finish arrest Mike Sworski Jim M rthaler I . 08-28-99 2.00 hrs weekend work 09-04-~9 2.00 hrsweekend ¡work 08~29-99 2.00 hrs weekend work 09-05-;9 2.00 hrs weekend ,work 09-06- 9 2.00 hrs weekend ¡work Jeff Young 09-15- 9 5.00 hrs street cle~ning 09-06-99 5.00hrs holiday pay . 09-10-99 2.00 hrs CouncillCSB mtg . . .. ~ CITY OF ST. JOSEPH M MORANDUM 21 First Avenue NW I P.O. Box 668, To: Carl Schmidt, City Administrator St. Joseph, MN 56374fror: Chad A. Carlson, Ecqnomic Development Director (320) 363-7201 Date: September 28, 1999 ! Fax: 363-0342 Re: Right-of-Way Negotia~ons - Gohman Construction .. The City of $1. Joseph oeemj to acquire right-of-way for the placement of water and sewer lines and the clbI h.;¡ conftruction of West Elm Stteet. ,The construction of West Elm Street is in conjunction with the County Ro d #133 project. Please sÐe the attached map that describes the taking area. MAYOR I KennetH Hiemenz Th following are two optio*s that have been discussed with the property owner. Please evaluate and app oach the City Council with these options: CLERK! 1) Mr. Gohman will donate the property to the City of St. Joseph for the right-of-way needed for AIIMINISTRATlIR the construction mentioned above. In exchange for the property, Gohman has suggested that the City waive~ the hook-up fees and trunk sewer charge on the property in question. Cari Schmidt I " " " , , . I -or- I I COUNCILORS 2) Mr. Gohman ~ill donate the property to the City of St. Joseph for the right-of-way. In turn, Bob Loso the City will. apply the hook up fee and trunk sewer charge to the remaining lot after the ir taking and paid by Mr. Gohman. The City would then credit Mr. Gohman the amount I charged for the fees to the total assessment for the property. Ma iedenfuer , , Gohman is suggesting the transaction take place in a manner descn'bed.above to simplify the paper wo k and the overall transaJtion. The transactions mentioned above solely involve the taking of land for the right-of-way. Located or the property is a chain link fence that will be replaced by the City at our cost, wh ch is included in the contractor's pricing. I After speaking with Judy, tHe second option requires less accounting detail and tracking since the hook up feel and trunk sewer charge is being paid. The total amount that Mr. Gohman would be charged for the h ,k up fee and trunk sewer fee is detailed below. Hook up fee.................. $2,085 I Trunk Sewer fee........... $2.938 , I I Total fee........................ $5.023 u~e second scenario, Mr. Gohman would pay the hook up fee and trunk sewer. fee as would any other . I .. -.:- . .. . --. -:- -... , pr . However, the City ofSt. Joseph would then deduct the same amount trom thetötal assessment to th9 property as a credit for fees previously paid. The ,assessment credit would be the exchange for the dred ~operty. fmally,llie second OPtion. ,Ilinmates any concerns or badperceprions of wai~n~ *es by the City CounciL ¡ í I I have attached an opinion trom John Scherer regarding the first option, which explains the potential atuntm~ ~ocedores that Ivculd need to take place. After speakm~ with Judy, I explained the second op ion to Mr. Scherer and h~ didn't have any concerns. I , . C9uld you please place this item on the City Council agenda for October 7"1. If you have any questions pI se let me know. Thank, you. I I I i ~.. / . TOTAl. PROPOSED REMNANT 'NUMBER PID OWNER AREA TAKING SF N:; SF N:; SF þ.{; !. ... --.- "'iW1m .¡:¡__·~~ífti. ~ìBRUCE',¡GÓl:iiMr'f";:W~rt:",I:¡;~jK'tN' 197.155.04 14:5261 17666.98, '0.406' 179 488 i ~ìr "" ~"'''''''', i' ",. ."'-"~ '~""'''''''''''''''''''''''''''''.''"''~Æ,;{>,,,,¡:}¡;,,~Æ,)¿,,,,,,,,*,,,,",t 1,,.,,,,,:~1 '~;~:.?t'#t;' f;:;::é,:,ß tf:;,h7,t1f'!: ,~:1",? ) ¡;:;::;.. I' ' @ R '\".53432.075 COLLEGE OF SAINT BENEDICT 46,818.36 1.075 15,275.52 0.351 31,542.84 0.724 , @ R ~.53432.073 RON MOlUS 36,676.61 0.888 13,790.09 0,317 24,886.52 0.571 I I I I I 1,//,/1 / .'/ I .' ,,1 I ,! "/., I " I .' / ' , I .. . I ' , 1 ,,, I I I I fl., " , 1\// I I '\ .. , . .. . ... , .,',,' I' I I " , ,,' · I ·'"1¡¡t,,,' ,',',' ' I .. I I I '~:/.. / I '. I ",,: _________~----1 L_____---- . . Y- -------+-----1 8--0----- ,/. I I : I : : ! /1// I I ' , " /, ,'" I I I , ,,~' I ¡ ,/i ~.., I: : : , / I I I ----.l..--L /" ,/ I I : -----L.__L " I : I i: ------:----___ I .. I : 'J ¡ ! --- -L' j " ___ " I ~ \-- ----____ BURLINGTON -----+ .. ...... ,. . I -- NORT --- _ I ----------- HERN SANTA I -- -------- ! 1 ---- ' . . , I FE R R --- :! 1 --------.J.. ,'. i I' I -------------- ;; 1 I ------- --~ I -i '\ ----___ ! I \ ' --1-----_______ I CSAH 75 ~: ' , ---____ I :. Ii' -----t--- ~ I 'I I ---- i N I @ '" '" ~ i ~ i ~ 0 300 , ~~I __- __--------- MINNESO'fÀ . STREE!: ~ --------- ---r-' -------\1 \ . ---r --- : --- --1-- ---- -- ----,-- --,------p. .,'., .,\.. ',..,.. ..'.' I ' ---------, ' . ----¡___-:-¡- '" . I' . ',' '. . I : , PROPOSED TAKING~~ð.J CR133 REALIGNMENT ~~...,.,. SAINT JOSEPH, MINNESOTA , , '. . V Rajkowski 11 Seventh Avenue North ' ~T~~~rrl~~S Ltd. p,O, Box 1433 St. Cloud, MN 56302-1433 September 23, 1999 --HAND DELIVERED-- 320-251-1055 Toll Free 800-445-9617 Mr. Chad A. Carlson Economic Development Director Fax 320-251-5896 City of St. Joseph P.O. Box 668 rajhan@cloudnet,com St. Joseph,:MN 56374 Re: Industrial Park Our File No. 17679 Dear Chad: We recently discussed the option of an exchange with W. Gohman Construction by which . Gohman would donate property to be used for right-of-way in exchange for the City waiving hook-up and trunk sewer charges. If the value of the property which the City will acquire for road purposes is roughly equal to the amount of the charges which will be incurred for hook-up and trunk sewer, there should be no problem with the matter being handled this way between the City and Gohman. Frank J, Rajkowski .. I do believe that it is proper for the City to make the appropriate transfers between funds in recognition of this transaction. Money should be transferred from the Industrial Park Gordon H, Hansmeier Development fund to the separate funds maintained for hook-up charges and the trunk Frederick L, Grunke sewer assessment. I believe that this transfer is necessary in recognition of the fact that Thomas G. Jovanovich- certain oversizing costs are to be reimbursed from later connection to the system. The transfer money into these funds is necessary to handle these oversizing costs. John H, Scherer' PJui ..\. Rð.ikowSki· Please let me know if there are any other questions regarding this proposal. Thank you. ~evn F. GrJY Very truly yours, INiiliam J. CJsnman RAJKOWSKI HANSMEIER LTD. :~\chard II'.', S,)o<1P.'<Ìrro 3t~trl s: 7~'Or11p50n _,i7~\: ~, r1,}nsen '.~;Hi..: E ...\.rneson .4'1In,,< :)')~I!(K j. ~drKII' JHS/baz ..:r,J'H ",',ì:¡';()~"'~!l.1 .¡no W SOb~::¡jvclrro are admItted to prJcnce.'11 Nann Ddl<otJ. Gordon H. Hdnsrr:eler In NOrTh Dakota ana Wisconsin, Paul A. Rajkowski in Wisconsin and William J. CJshman In South Dakota. . Member ot AmerlcJn Board of Trial Advocates. ·Quaiified AOR Neutral. , North StarLandSeirvicesCo. _{oJ ~ =+~1 [oh'r~' II F1' ,'.I.EíTi I r¡ [<1: i ..oj ;aw~\·'£\"t{.J J ~1 i I [ oJ~"1 =lri'J [~=I' , Suite 306E, Rosevill£ West Offic~ Building · 2277 West Highway 36.. St. Paul, MÎ1l1l£SOta55113 .. (651) 631-1778 . Fax: (651) 631-1039 se¡>Jber 16, 1999 , I I Cityo St.Joseph I Attn: Jt1s. Judy Weyrep.s , 21 NW 1st Avenue St. Jos ph, MN56374 RE:N P Proposed Easement for Anchors and Downguys in Memorial Park I Dear Ms. Weyrens: I I As we've discusseq on. the telephone, I am enclosing three copies of a proposed easement so that NSP can place anchQrs and downguys on a new pole along Memorial Park. 1 have enclosed a ,sketch of the site for your information. . Ifeverything is satisfactory, please have two copies of the easement signed by the appropriate City 0 lcial, notarized and[ returned to me. Please keep one copy for your records. I If you have any qu~stions, please contact me at 651-631-1778. I Thank you for yom¡ assistance and furnishing the title information on Memorial Park. Yours very truly, I I I M~ WilliamD. Folwick i Rightrf Way Agent WDFwc Enclofures cc: Scott Johnson . 08/17/99 '1·1:, lU:.d I'M o1JV ,IJ I ¿ ~. ...-< .....':...,.:1yt:~.~.._,...;--....... I . I . I I . \ · I ~- · w..o I ~rv .oW ,N -.... 1 tslr+ ~:. I , ..... .p I ¡' I I , I I , I I . . Ù'~ .....1'1! ~~/ .c::. . ~ ", ~~\ I '.- V1 -7, I 0 ". '-JI\J 7. - ..., Wro,J /:\. I . .. .w ,\\ , ,~~, }. .' ". woo, .., ........ "'~ I . ...~t\J-.. 0,' J .' ":!,. ¡ " C3\ . /:( r' ~ . , "í'O" c:; I . (,......1/... I I,' ~ ~~ ~ rw"'í - ,'\1 :z /! ~, , I ;...-ç. ~ " "to " !~ , !fJ ;z: , . '. - , , l' ~ , "...( :,J) -., ... ..... "N '. . WN '\. ':n ...<\. r:¡¡. \J' ".." cr. w ,...... ,··..Ñ '-J '(Q , . OJ;; - 0 ! ~ , ~ ->=- . '... ... . " ... I , '., !8 # · . . , '. , ' . , , I , ¡ 'i------- ~.----6~~~~~..:.'!~:/.;..:~~.~!~~.:..~~~- I ~ " --_. ~,L;,b?øeN I ,-" >- . , ......-. z I -q. ~ U\ " .::,b. ~UI I %~-\ ~\ .(1) i ~. '. iN .. __" ."1 00"," ~;:' O'~ \, ~ . '.... . '. . -ÑC'\ ',: . ..~ X' i ~ t ~ ;w : · ~; ~Cl·.' ¡ 7'i) ..: \.oJ I " ... , ir+ , i . , , I ,.,-T I . I I I . I I I I I I 1 ! I I EASEMENT I I KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter called "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable cohsideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, hereinafter called "NSP", does hereby grant unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric transmission liqes with all towers, structures, poles, cross arms, cables, wires, guys, supports, counterpoises, ""fixtures, and devices used or useful in the operation, maintenance and use of said lines through, over, ~der and across the following described lands situated in the County of Steams, State of Minnesota , . to ¡Wit: i PROPERTY DESCRIPTION: All that part ofLot Nine (9) of Auditor's Subdivision No. Four (4), lying Southerly of Minnesota State Trunk Highway No. 52 (now called "Old Highway 52") and . Westerly of Second Avenue Northwest (fonnerly Iowa Street), (said property now commonly known as "Memorial Park") all in the Village of St. Joseph, Minnesota, according to the plat on file in the office of the Register of Deeds. EÄ.SEMENT DESCRIPTION: Except. for the right of access, NSP's easement rights shall be limited to the placement of down guys and anchors on a strip of land 10.00 feet in width lying 5.00 feet on either side of the following described line, to-wit: i Commencing at the East Quarter comer of Section 9, Township 124, , Range 29; thence South 88 degrees 58 minutes 51 seconds West ¡ along the South line of the Northeast Quarter (NE 1/4) of said Section i 9, a distance of 435.92 feet; thence North 10 degrees 17 minutes 07 , seconds East adistance of 13.77 feet to the actual point of beginning of the line to be described; thence South 10 degrees 17 minutes 07 seconds West a distance of70.0 feet, and there tenninating. The rights granted herein may be exercised at any time subsequent to the execution of this dbcument; 1 I I The grant herein contained shall also include the right to erect, at any time prior to the construction of the said transmission lines, reasonable signs for the purpose of monumenting the bbundaries of this easement. Said transmission lines and supporting structures from time to time rriay be reconstructed or relocated on said strip of land with changed dimensions and to operate at , ~ifferent voltages. ~***************************************************************************** NSP File No. Name City of St Joseph . Location No. I i I I I ! I I . I jTh' ,,<ont of ,,,,,,moot h"",¡n ",ntain,d ""'11 ill., ¡nel"'" th,right ofNSP to have """onab!, acess to said strip of land across the property of Grantor adjacent thereto, said access to be de~ignated by Grantor within a reasonable time upon request by NSP. I : The grant of easement herein contained shaH include the right to enter upon the property o'f Gr~tor to survey for and locate said transmission lines and shaH also include the right to remove frdm said strip of land any structures, trees (including taH or leaning trees outside of said strip of ladd which may endanger said transmission lines by reason of falling thereon) or objects, except fences, which in the opinion ()fNSP will interfere with said transmission lines. I The grant herein cont~ined shaH also include the right ofNSP to permit the attachment of wires of others to the structures supporting said transmission lines. i ¡ Grantor reserves the right to cultivate, use and occupy said strip of land, except that Grantor shaH not erect any structures or other objects, permanent or temporary, except fences, thereon. Gtantor further agrees that he will not perform any act which will interfere with or endanger said tdnsmission lines and further, shaH not plant any trees upon said strip without the prior expressed :vfitten approval from NSP. Grantor also reserves the rightto dedicate and have or permit to be improved, maintained, and used for the purposes of streets, curbs and gutters, sewers, water and urlderground utilities (hereinafter call "improvements"), the portion of said right of way not occupied bÝ the structures supporting Northern States Power Company's electric transmission system, piovided that said improvements do not alter the existing ground elevations, nor do they impair the sttuctural or electrical integrity of said transmission system; and provided further that all such iInprovements shaH not result in a ground clearance of less than the minimum requirements specified by the National Electrical Safety Code. . I , 1 NSP shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops arid fields caused by the construqtion or maintenance of said transmission lines. Claims on account of such damages may be referred to NSP's nearest office. I I , 1 ! Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the a1;>ove described premises and has the right to sell and convey an easement in the manner and form aforesaid. . The rights herein granted are subject to existing rights of way for highways, roads, railroads, pIpelines, canals, laterals, ditches or other electric transmission lines and telegraph and telephone lires heretofore granted across any part of the lands affected by this instrument. I . The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional cbmpensation any additional documents needed to correct the legal description of the easement area t6 conform to the right of way actually occupied by the transmission lines. It is mutuaHy understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written. have been ~ade modifying, adding to or changing the terms hereof. I i This instrument was drafted by Northern States Power Company, 414 Nicollet Mall. ~linneapolìs. Minnesota. I I ! . I I I 1 . . . ! i I : IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed I. ,1999. as qfthe _ day of i i I Grantor(s): City of St. Joseph By: Its: i STATE OF MINNESOTA ) , ) ss. 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Q æ-=§ ;::¡] ¡;; ~ ~.s.~.~:;ïJ .g ~ I ~.~ i ~ [~ ~ ~ ~¡S ] ~ E! U · RN_ '" '" I:i ~ '8 .~, .~ '" E! _ .... .S ! s ~) ~ .~ ~.....; , c: (1) <1J.,I"",:=..c: ''0 ,.,. .....:::= 2 ~ ~ c .~ .~ ~~'õ~~ I 'J - ." ~......=~~2,='J !f';-:-:IJ'-' ô~i5 S ~_:~ (/) .0 '1) ~ .~.~ '" <";! ~-";::: :::: I i ,. 1 1 1 i , I · Unojflcial¥inutes- EDA .l!0ard ~Suarit w due calland notice ili~ ilie EcQn=ic Deve1opmentAuiliorjty for ilie CityofSqoseph met in pedal session on Monday, September 27, 1999 at 8:00 a.m. in the St. Joseph City Hall. I' ' . M~mbers Present: Chair Kenneth J. Hiemenz. Board Members Ken Twit, Bruce Gohman and Ross Rire. EDA Director ChadlA. Carlson. Absent: Mike Deutz. New Business: I 1 ... '·1 pr.~ .AgreementmililF>nt $~reB.nkorSt.. J_ph, . C~œon p~ted. pmm= .~e=~ for the acquisition of First Stat~ Batik ofSt:Joseph for administration offices. The EDA will finance the fac lity for the City ofS1. Jdseph. Carlson stated that the purchase price would be $545,000. I I T~it questioned if the $545;000 includes furnishings as selected by the City. Carlson statedthattheCity Administrator has received ~ list of furnishings, fÌ'om the President of the bank and that the purchase price dJs included the furnishings as identified on the list. Twit further stated the City of St.. Joseph and a~inistrationstaffshould ~e very pleased with the high quality of the furnishings the bank has included with the purchase of the facility. Hi I menz stated that the invLtory of furniture should be included as an exhibit to the purchase agreement. Hi menz requested that Carlson contact the City Administrator to make sure the purchase agreement is co' plete and all exhibits ar~ included. I · Hi menz questioned the fa~t that a closing date was not ,included in the agreement.Hiemenz recalled a M y 2000 closing date beÏrig discussed during the negotiations. Carlson stated that the owners of the fadility eliminated a specific closing date fÌ'om the purchase agreement due to the timing of construction for ilit new fucililj! and oth1"ciJn"'!ctoo! ogrcenrents. G hman stated that the neJ facility is scheduled for completion on JW1elO,2000 and the purchase "¡oemen' ''''"''' iliat closÙ!g win occur prior '0 September 1,2000 as defined Ù! S<djon 4 of the a eement. 'I T.it moved t. accept .J exceute¡"JHU'e.... .gree_tbeiw"Œtlre St. J_ph Economic Dfvelopment Authority and First State Bank of St. Joseph for. the purchase of real property. Seconded by Gohman;! Ayes: Hiemenz, Twit and Gohman I Motion Carried Nays:, None '1 BJ:iness Subsidy pOlicy:lcarlson presented a draft business subsidy policy to the EDA Board. A b iness subsidy policy isrequired by Minnesota State Statute 116J.993 to .116J.995 for all mtmicipalities prpviding businesses with ~ubsidies after August 1, 1999. The Statute also states that the local governing bddy must adopt the polic~., The law was passed to control communities and organízations that have power to I award business subsidies and put the control into the hands of elected officials. Specifically organizations that have revolving loan funds or other types of financial assistance. Gkman questioned the Jgination of the draft policy and the fact the policy is very vague. Carlson stated thF language for the pOlicyiwas supplied by the League, of Minnesota Cites and the comrnW1ity of Sartell. :If mnguage mwcates ilieinexjbm~.of~e..I"W"d~.e =ount of &=etion each =nmUŒRycan ex~cœe · w th any given project involving a business subsidy. I C lson further stated that ~ separate business subsidy agreement would be entered into with each project . ~olving any sort of subsidy. , I I I 1 I I . · i , Go man moved to recom.Jend the City Council adopt the buSiness subsidy policy as presented. Seconded by Twit; I i Discussion: TWit ~uestioned if a public hearing has been scheduled jór the City Council. Twit stated, that tlte City Council could conduct the public "ltearing during a regtilar City Council meeting to avoid hold a special meeting. Hiemenz stated that the issue is not controversial and shouldn't take a large allotment of time during a regular City Counfíl meeting. Carlson stated that he wílJ coordinate thepublic hearing with the City Administrator. I Ayes: Hiemenz, 'Iwit and Gohman I Motion Carried Nays: None i R s Rieke arrived at 8:20 a.m. Ar hitectural Contract: Garlson presented the architectural contract between the St. Joseph Economic D elopment Authority an~ Grooter Leapadlt Tideman Architects. The contract defines that activities the ¡" cooduct fur 1hc remodeling of1hc new administration and police department fucilities. Go. an stated that items Jth the schedule of fees in Exhibit E and Exhibit F seem to be costly for theSt. · CI ,ud Area. Gohman spec~ficany sited the technical and clerical hourly rate, copy costs, and blueprint fees. i TJit questioned if the propbsed contract is standard and if blueprints are required. Go~~an stated that 1he pro~oscd contract is a standard contract and blne prints will be neces~ for 1h, cortractors. I C~lson stated his concern ~1h having an open contmct based 00 hoorly rates and if the EDA should be c ,sideiing a cap for expend'lttn'es. Twit expressed his concern with the fee schedule and the fact the cortract is opened ended. : Hifmenz stated that duringithe interview the architect stated that it would be hard to put a firm mnnber down at this point since the City hasn't decided on the amount of remodeling that needs to be completed. 1hman stated that initial architectnrnl contmcts tend to be open ended nntil1he project is defined. T i 't stated 1hat 1h, fees coLd be negotiated at Ibis point since a contrnct bas not been signed and 1hey;"ost wrk with the guidelines arid wishes of the City. I I ~emenz sited Section 1.3.9.4 of the contract which states the Architect may adjust the hourly rates on a PFxliC basis wi1h 30 day notice to 1h, owner. Hiemenz stated that a moo1h into 1he project 1he fèe sc edule could increase. 1 , 'emenz requested Carlson to compare the proposed fee schedule to other architectural firms that were in erviewed. Hiemenz stat~ that the fees don't appear to be out of line and contacting other firms may re force the fees providedi by Grooter Leapadlt Tideman Architects. · eke suggested that Carlsbn review the architects fees associated with the construction of the new fire hall. i I T 't reiterated that a con~act has not been signed with Grooter Leapadlt Tideman Architects and the EDA is not obligated to use the :finn for this project. . ' ~ . Car¡lson stated that a confnmation letter has been sent to Grooter LeapadltTideman Architects by the city of r. Joseph stating they har been selected as the architectural finn for the project. T~tt made a motion to tab~e the approval ofthe architectural contract between the St. Joseph Ec nomic Development Autbority and Grooter Leapadlt Tideman Arcbitects until tbe EDA Director bas completed analysis of tbe proposed fee schedule. Seconded by Gohman; Ayes: Hiemenz, Twit, Gohman and Rieke Nays: None Motion Carried Ad~ourn: i Thf meetmg was adjourned ¡bY consensus at 8:40 a.m. Chb;d A. Carlson i Ec nomic Development Difector . . '~1 CREAMERY STATION /,~t.,; (I st St. & Division St., west of tracks) CITY CENTRAL SERVICES STATION (15th Ave., south of tracks) ¡ i j . ~ COURTHOUSE STATION DOWNTOWN CLEAR LAKE STATION t:..:. .~_,:..2 : (8th Ave., south of tracks) . (North ofTH 24, east of tracks) SOUTH STATION (East ofTH 169, north ofTH to . at 171st Ave., east of cracks) LIBERTY LANE STATION (Lifercy Lane, west of tracks) ! RAMSEY BLVD. STATION i (Between Ramsey &ArmstrOng Blvd.. I COUNTY ROAD 43 STATION north of cracks) (Counry Rd. 43, south of cracks) 4TH AVENUE STATION (Between 4th A,·e. & 6th Ave., RIVERDALE STATION south of Johnson St., both sides of cracks) (South of Riverdale Commons along Northdale Blvd., north of tracks) FOLEY PARK & RIDE STATION FRIDLEY STATION (North of Fol")' Blvd.. east of cracks) (6lst Ave., at Starlice Blvd.) NORTHEAST MINNEAPOLIS STATION (Centra) Ave. between 14th Ave. NE /!.: Broadway St. NE) DOWNTOWN MINNEAPOLIS STATION (5th St. N & 5th Ave. N) Bus Rout" 16 I&: ;0 ;;!U¡¡¡¡¡¡¡¡;¡~iiji¡¡\!¡!:(, I Minneapolis -:.... BusR....94 I ... ~ VA Medical Center ~ ~ Minneap06s/St. Paul ,\ \ \, International Airport ~ * MaD of America Hiawatha Light Rail Transit N fit Potential Station Loa. ~ · Station Recommendations ·t· July 22, 1999 1111111 Nortbstar Commuter Rail , I II II Hiawatha Une S (Proposed LRT Alignment) "0-""< <..! ,','-. ,.,<.-\ - .~- . , ..... roO 20 . .co +, ~ <Do I ~ N "',' /0 ...",..., ' Co .......N ..,.'.'." ~,·..,'~I;;i);j·:<.(,.",.>i ~'"f :';';i.." ·.i;,;'. i, I'...' I;iF > I g, ,.' I\/,'f i '. ",.. ,,' '.' '.'.,,'.., .."., I,.>' ,'i",.>;.,. »\ ~ ,." o () <D ' <DO'> . ~ 0 co 00'> N "7 <0 c\¡ ~ CJ? C\I N ..- C\ ..- L ..- ..- ~ I I. I ~ @ ex) ~f ~~ ~~t ~, > 0'> ~ '? ..~ ~ i: ..- ~ o 0'> ~~ I , Z ~ ~ ~ T"" T"" a: > .~ C' ~~.. N' ~ 0- +-' ' N - W () 0'> -'- ~I . I C I-..J 0 0'> ....- 0: ' 0 æ en ~i ~ a:::;) , I Z C i ....Q. 0 W +-' (1) . . ëñ ð ãt~ .~ a: zen CJ) 0'> ~ ~ I- en >< u. 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I ~ I I 'I . ~~~f¡é~IB~/;iÎln:l:~0~E~.~I1~~~~~!;;~g~lt~~.~i,¡¡ of the NorthstarCorrið.or Goals: .', 1) ImprqvemobiIityand safetywitbîn the corridor . 2) MiniJitizeadverse environmental impa€ts and foster positive environmental effects ~ 1 3) EncoiIragetransportation-supportive land ,se and. developmentpa.ttetns I I I , , 4) ProviUe acost-effectiveanâi'êfficient transportation system . ... ;.. : '1JIW(!JJIl/I1i1IIifmfM Ie , '. ., .. 1""'@(fjJ!!iiJBIIiJJl!J1iIJ ¡ . muring PJ;J.ase I oftne stuftM, ttie issueis identified in the N I rthstar Corridor included: I i .-. · Dec easing mobility onTIIlO/47 . · Lac of cOITridor-wide transit service i. · Lack of alternative transportation I. . modes ; " · Lack of co,rdination between tra sportation investments and land . use development ~1IIfiJ!~M ,-, @f!j)/IflllilllfjjJ(fjj}/fJ , i i 1~.',..'ståtìoìi2Locåti()n . . . - --. -- . be located to maximize, efficiency of travel in both travel in the Northstar Corridor is best served by: · Maintaining a maximum travel time between 81. Cloud and downtown Minneapolis, · Maintaining a station spacing of five miles, · Maintaining a ~O-minute frequency of service (headway) during peak periods, ""< · Permitting exte!nsions of the line or system with minimum additiOItftlcapital cost. · Provide direct connection to other transit services where feasible, · Meeting a reasonable threshold for minimum ridership, . B. Safety The system a*dstation area plans will meet all applicable safety standards and strive to ¡minimize conflicts between all modes of transportation. The system should: · Locate and configure stations such that a commuter train stopped at a station does not block roadway-icrossings. · Utilize designat~d railroad crossings for all pedestrian track crossings and access to stations, · Minimize track crossings to access the station platform, · Maximize sigh~ lines of approaching trains for pedestrians andvehiculartrafficó . ~ÞMl@~M GGfUj/fJ¡¡¡illfjjJlifjJ/fJ I I , ' , ··'·,2~. ,CQmll1.µI1!~ïJ:rtteg:çati()n I -c" ",',,' ,,', " ,',' ", A. Acces I Access to ~e system is ¿ritical to effective and safe system operation. Station: cOtfiguration and siting should: · Provide acc ss on a I?l!-blic street system that safely accommodates added traffic demands generated hi the facIlIty, i · Avoid travel through residential areas, , · Minimize prrking conflicts ~etween transit patrons and residents, . I) Accommodate connections to,bus transit routes and light rail services, · Provide dir,ct connections to pedestrian and bicycle systems (both community and regional), · Provide co~nections to adja~ent redevelopment sites and employment centers, .atisfyall mericans with D~sabilitiesAct (ADA) requirements, B. Land Use In order tencourage transportation-supportive land use development patterns, ration locatións and configurations should: · Be compati Ie with adjacent land use, zoning and community development plans, · Minimize al~verse impacts upon natural and cultural resources, · Minimize adverse impacts of property acquisition. · Maximize t~e potential for future adjacent economic development and revitalization, · Maximize dccess to employment, including reverse commuting patterns, , C. Park and Ride Facilities All statioE except Min:neapolis should be located and configured as to: · Provide su ¡dent free parking for all transit patrons. · Provide pa king that is acc~ssible from a public street or road, Cinimize alking distance from parking to station platform, rovide di~ect platform adj~cency for other transit modes such as feeder buses, auto drop- off I pick-up, bicycles and p~destrians, · Encouragel shared parking with adjacent development'ÙIìlfIiõJ~M i(f;f/ijJIfJBDlIfj}(gJ1f18 I I I . - . .'. .. · ,.¡ BNSF TRACKAGE FROM EAST ST .. CLOUD TO ST JOSEPH ,.. . ,. ... ./INCLUDES THE COMMUNITIES OF: · ... ST CLOUD ... WAITE PARK .. ST JOSEPH TOWNSI!IP '. · ST JOSEPH · .: STUDY OBJECTIVE · : ~('O."ì~ .. 4'CRL\ ffi"[NFORMATION TO ASSIST · FUTURE POLICY DECISIONS · REGARDING THE EXTENSION OF .. COMMUTER RAIL SERVICE ALONG ,.. · THE WEST EXTENSION CORRIDOR · · .. ,. . 1 "\ 0 ., . · ': ~UBLIC INVOLV~MENT , ADVISORY COMMITTEE " PLANNING FORUM OPEN FORUM/OPEN HOUSE : rGINEERING A~D ,. I :APITAL COSTS i '. : . ' · ,: 1 STATION LOCATION (7) '. '~ :: 'TRACK IMPROVEME~TS fì'" ,. SIGNAL IMPROVEME~TS {S~ .- .. .- .. .. : bPERATIONS PL~;\NNING : AND COSTING I ,. ./SERVICE SCHEDULE; .. · ! · ./ FEEDER BUS SYSTEM '. .. ./ESTIMATE OPERA.TIONS AND .. MAINTENANCE COSTS · · i .. ./ FORECAST RIDERSHIP · .. I ~'" $c¿.",\k~'C I J05€.. e\-e· 2 .-'\ ,.). t t . .. FINANCIAL ANALYSIS · .,~ :.i< . '. , . V ESTIMATION OF CAPITALAND OPERATING COSTS .' · .. · .1 A V AJLABLE TO THE PUBLIC . · .. · / DISTRIBUTED TO LOCAL AND STATEWIDE POLICY MAKERS Þ~Yl40~rù~'~ -kJ~'~~- .. WHl\ T THE STUDY WILL .- NOT 0 ~~~~()j~>y~ .. llDENTIFY S TRC OF POTENTIAL THAN PASSENGER "'1~,*N{N;]1r¡C4q ~ -J:;A ^ ~ )& ~ 7- (8<.",?I€'S ) - ~~) úY\\.~L~£~~LcukG Lode: ~~- . 3 ~ ' ., . <' ' . . · SuccesMully stop efforts to eliminate the use of part~time peace officers. · Stopping the effort to re~instatetownship votinglveto power in contested annexation cases. , · Obtain the right for cities to appeal rules and regulations implemented by state agencies. .. , . I ., ' , ' " · MAOSG staff has worked hard over the years to develop strong relationships with legislators and their hard work has paid off. Nancy Larson, Executive Director, and Elizabeth Blakesley, Assoéiate Director, are well known and well respected by members of the state legislature and state agencies. ' ., , ,. , , . -. - . While the Association maintains a prominent organization at the Capitol, it also provides non-lobbying services to members. The C~rtified SeNices Program, staffed by David Drown Associates, provides bond issuanc\3, public finance, and eéonomic development services t6 MAOSC member cities at fees up to 50% below standard., David Drown, Joanne Foust, and,Traci . Ryan EIre able to bring you excellent, profeSsional;,quality services tailored to the nèeds of your community.' Theyalso cooperate with the Small Cities Association in providing eduèational programs each spring and fall ontopics'such as Tax Increment Financing, Hoùsing Development and Finance and Municipal Finance. ' .,' .', '" . . \.' , < , . . .' " ~. '. ^ ~. ' ,,' ,.' . , If you have any questions, pleàse feel free to contaèt me at 320-241-0055; NancyLarson at 320-275-3130, 'or Elizabeth Blakesley at (612~798-4959). J look forward to hearing from you, and seeing your city's name on our membership'list." "; ::,,,,;, ,: . . . . . . Sìnœrely. 21!~ tl' .., ..' " , Im±;asrpreSientMAOSC MN Association of Small Cities , 1999 - 2000 MembershiTJ Dues The Minnesota Association of Small Cities looks forward to working with and for your city during 1999 and 2000. The following is information relating to the dues structure of MAOSC. We are extending the deadline to receive .a5% discount to August 15 (as noted below). If you have any questions aboutthis information, please contact Elizabeth Blakesley, MAOSC Associate Director, at 612-798-4959. Thank you in advance for your membership in the Minnesota Association of Small Cities. Dues Structure Population Base Per Capita o - 1000 $ 95.00 $.22 1001 - 2000 $120.00 $.22 2001 - 5000 $170.00 $ .22 1999 - 2000 Annual Dues Statement . City of Saint Joseph Membership Base $170.00 Population of 4064 times $ .22 $894.08 Total Dues (after 8/15/99) $1,064.08 5% Discount (prior to 8/15/99) $53.20 Total Dues with Discount $1,010.88 City Clerk/Administrator Signature Dues may be remitted to: Minnesota Association of Small Cities 1701W, 75th Street #2A . Richfield, MN 55423 (612) 798-4959 Payment from public funds authorized by Minnesota Statutes governing city operation and functions , !Ben Hollerman - Assessment Review i , Ben Hollerman lias requested the City reduce his water assessment to equal what the residents paid in! 1994. In discussing this matter with John Scherer, he stated that in order to reduce the assessment, a new public hearing must be conducted for ALL the residents who were assessed iri the 90th and 91st Street Improvement. Further, the water assessment could I not be reduced for just Ben Hollerman, all the residents would need to be re-assessed and the City would hav~ to absorb the cost which would he in excess of $ 17,000.00. The City has always basedth,~ assessment on actual costs. Therefore a set water or sewer extension . charge is not established. If an error in c~lculation occurred or some extenuating circumstance were present it maybe necessary tocorduct a newhearing. ' The Council may wish to consider the precedence set if residents are allowed to compare project costs from year to year. I , ! i I . I , I I I I i I I I I i