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Home My WebLink About2000 [05] May 18 {Book 19} ., CITY ,OF ST. JOSEPH . 1 First Avenue NW .0, Box 668. (,Joseph. MN 56374 320) 363-7201 St. Joseph Çity Council ax: 363-0342 May 18, 2000 7:00.P.M. It 1. Call to Order , 2. Approve Agenda I1AYOR .enneth J. Hiemenz 3. Approve Consent Agenda a. Gqmbling Application for Minnesota Deer Hunters Association - Sept. 13, 2000 - La Playette b. Adjustment of City Assessor's Salary :U;RK! ,n~IINISTRA,,()R 4. 7:00 Public Hearing ~ Noise Violation - 818 East MN Street :ari Schmidt 5. Approye Minutes - City Council Meeting 05/04/00 :::OUNClLORS 6. Bills Payable and Overtime 30b Loso :::.ert 7. 8:00 Street Vacation Public Hearing - Cedar Street ~ary iedenfuer 8. Engineering Report- c. Survey Requirements - New Housing Drainage Problem 9. Public Comments on the Agenda - 10. Amendment to Buettner Development Agreement 11. Discussion of Ground Lease Agreement between City of St. Joseph and St. Joseph Economic Development Authority 12. Mayors Report 13. Council Reports 14. Clerk!Administrator Report 15. Miscellaneous and Announcement Items 16. Closed Session - AFSCME Contract 17. Adjourn . . .". . . . . MO TO: Mayor and City Council Members 10M: .Ollies Lesnick, City Assessor ,<-? ,-,<-;' DATE: May 5, 2000 J: Adjustment of City Assessor's Salary 480 be advised NortÍtland Plat Four and the Raymond Brandeoburger's prrperty has been added to the tax roll. Fl the additional nineteen parcels I am requesting an annual salary adjustment of $164.92 or $8.68 per parcel. . T lank you. . ,\P- . ' . CITY OF ST. JOSEPH i I 1 21 First Avenue NW P.O. Box 668, I , 51. Joseph, MN 56374 May.1,2000 I i (320) 363-7201 i Fax: 363-0342 I Mr. Thomas Kuelds .. 1350 - 15th Av1e SE I St. Cloud, MN¡56304 ,,"' I MAYOR RE: 818 East:MN Street Kenneth J. Hiemenz ! i i Dear Mr. Kuelds: j I CLERK! This letter hasl been prepared to provide you with notice and information ADMINISTRATOR regarding a proposed suspension or revocation of the rentallicensefòr the Cari Schmidt abovereferenced property. This action isbeing taken because of an alleged violation of Ordinance No. 102 of theSt. Joseph Code of Ordinances. This COUNCILORS violation is all~ged to have arisen out of an incident on April 28, 2000 (copy Bob Loso enclosed). ! .hlert K wit The St. Joseph City Council will review these allegations and consider Mary Niedenfuer appropriate aqtion, including a suspension or revocation of your rental license, for up to a peri01tf twelve months. The meeting will be conducted on Thursday, May., 2000 at 7:00 p.m. in the St. Joseph City Hall, 25 - 1 st Avenue Northwest. i At that time ybU are entitled to a hearing to be conducted in accordance with Minnesota St~tutes 14.57 to 14.70. This hearing will be for the purpose of determining wrether or not the 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 recorded. Based upon the evidence presþnted, the Council will then make a determination as to whether or not the alleged violation did in fact occur. I If you wish to have an evidentiary hearing of this type, you mustcontact the City Clerk/Administrator in writing atleast seven days prior to the scheduled Council meeting. If a ~equest for hearing is not received by the City Clerk/Administrator at least sevenidays 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.¡ A waiver of this right to hearing will be equivalent to an admission of tpe basic allegation (s) alleged herein and reported by the complaining p~rty. i . If you waive your dght to hearing, or if an evidentiary hearing is conducted and i the Council determines that a violation did occur, then and in those events, the Council will proceed immediately to consider a disposition, which may include 1 . Mr. Thomas Kuelds . May 1, 2000 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 youwill be notified of this action at a later time. . Sincerely, ." '~. <'~" - J1 ' -......... ,:... .,) \,..._( \,A...-"'.., --"c/k--v " Cari Schmidt City Clerk/Administrator cc: John Scherer Mayor and Members of the City Council Police Chief Gary Will Police Officer Paul Schley Police Officer Dave Windels . ST.JIDSEPH POLICE DEPARTMENT , . I Box 268,25 N.W. 1st Avenue I St. Joseph, Minnesota 56374-0268 i (320) 363-8250 Emergency 911 , I EDUCATIONAL CENTER OF CENTRAL MJNN SOTA i Date: I 04/30/00 i To: ! Tom Kuelds 1 Prom: St. Jo~eph Police Department I RE: Nois¿ Ordinance Violation i Asper St. Jodeph City Ordinance # 102 (Noise Ordinance), please be advised that you are hereby given notice of a noise violation that occurred at the place, time and date listed I below. I i Please find eD.closed a copy of the aforementioned ordinance, resolution regarding enforcement Öfhousing regulations as well as a copy of the St. Joseph Police Department report relative to said violation. ¡ Date of Violation: 04/28/00 , i ] Time of Violhtion: 2248 hours .. . , Location ofYiolation: 818 East MN Street ! i Sincerely, I (' I:: 0, W4f Gary D. W 11 , Chief of Police St. Joseph Police Department , i j I I I I , . ~":..: '~~~)~,;j,f¥~';.' "" :- . ~*~~~~....~~~~~ -'¡f\ . , fif" :!:;;~r;¿~~~j'? ':'"~.;;¡" . ~~.: ';' . Af~f:~~L:JTJO¡': R1¡:~MrnNGENFO RCEMENT OF HOUSING Rf,;GUtATIONS ...-....!/i..."f.1>I;.;;:.....'........ . .. ."":·--·~··,·;··:>t'ri};..~;:·~··-·> ',." " " , "" ',. " , . . , , . '::';~i~~~ .WHEREA~, the City of St. !oseph .currently has in place an ?rdJ.nance au~horlzmg the revocatlon or suspenslon of a rental1icense In the event of a. determlOatl?n that illegnl or . unla~F activities are occurring upon the rental premises; : t.,¡-' ~:.':_:< 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 unti1 the occurrence of asec'?-It,d viola.tion within the license period; . .~, .,,.... . ::' . WHEREAS, this practice h~s failed tQ effectively eliminate noise violations at rental proper.ties, especially during the months of Ap~i1 and May; WHEREAS, the City Council has determined that a change in this policy wi11 promote the peace, comfort and repose of the cit.i.zens of St. Joseph; "". 'WHEREAS, the City Council has abo made a determination that the owners of r.ent21 properties have allowed occupancy by a number of tenants in exce:)3 of that permitted by the ./ zoning.?f the property or otherwise permitted under the City Housing Ordinance; and ./ . .. ~HER£AS, the City Council finds that occupancy by tenants in e.'{ce:,;s of the ::pecifiédnumber create:! ri:sk of injury to the cccupants, a disruption to adjacent propenie:s, and ocher adverse consequences to the health! pe~ce 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 yç<lr. Immediate notic:: of the viol::uion shall be provided to the property owner nnd the City Clerk shall expedite the hearing of the matter to bring it before the City Council as soon a permissible under the law. . 2. That it shall be the policy of the City Council to suspend or revoke the rental license for any prape:ty wh.ere it is determined that the owner has knowÙ1gly permitted occupancy in excess of that permitted under oråinance, or has failed to make reasonable inspection or takè r.;a.s,onable steps to assure that occupancy in excess of the permitted number does not occur. . 3.. That the City Clerk Administrator is directed to· provid~a copy of this K:::Ï\Jlut!oI1 to ülllandlords applying for rental license for the 1996-1997 rental yeJr. . ~ This R ~ solUtion i:s adopted by the City Council for the City ofS l JO_.<:ePh this ) / ~ cay ot u.t¡, , 1996. , CIT~:~~n¿ruJ .~ ." Mayor . J ~7to . Cerk Admin~t ato .... ";"À·.I1:IJ\~I\~: . _ ~ : , . ~. '. ¡I . ~...: ~þ. . . ::':;~ . . . ," ·tr Ii ~RD[N~CE 102: REGtln..All0N OF NOISE. I' I 1 . I I , I - S'· 102 1 N· : P h'b' d N h II k t' b d ;. rCtIOn.: OIses ro lite. 0 person s a ma e or cause 0 e ma e any J distinctlYl and loudly audib.lel noise that unreasonably or unnecessarily annoys, disturbs. injures ?r " en?ange~s the comfort. repqse. healt~. peace. safety, orwel~are or any per~o.n. or preclud.es.the1f :. enJoyme?t of property or affects their property's value. 11us general prohibitIOn IS not limited ? by the specific restrictions 0if unlawful acts listed in Section 2. .; S~ction 102.2: UnlaLul Acts. The following acts are declared to be loud, disturbiog and unnecess¡ary noises in violation of this Ordinance, but said enumeration shall not be deemed to be exclusive. : S,lbd.l: HomscAuJible Si¡¡nalin. Devices, Etc. No person shall repeatedly sound any . audible signaling device on ~lDY vehicle except as a warning of danger. .' '. ~Ubd. 2: Exhaust. *0 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 , effective~y prevents loud or I explosive noises therefrom and complies with all, applicable state laws anj' regulations.' ¡ ubd. 3: Defective l ehicles or Loads. No person shall use any vehicle so out of repair or solo I ~ed as to createJo, '.I,Ud and unnecessary grating, grinding. r, attling", 'or other nO,ise. ~ubd. 4: Loading:. '{[Jnloadin~. Unpacking:, Opening of Boxes, No person shall create loud an~ excessive noise inlloading, unloading, unpacking any vehicle. or the opening and destructton of bales. boxes. ¡crates or containers. I / ~ubd. 5: Radios~ Phonographs. Paging Systems. Etc. No person shall use or operate or permit t¡he use of operatioq 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 a~dible manner as to disturb the peace, quiet, and comfort of any person residing in the neighbO~hoodat any time ~ith louder volume than is reasonably necessary for convenient hearing of the,' person or, p~,., rsonswho, are in the room" vehicle,chamber. or im, mediate vicinity in whic such machine or device is being operated. Operation of any such set, instrument, phono~aph, machine. or other device in such a manner as to be plainly audible atthe property. lin~ of ~~e structure or bui~ding in which it is located, in the hallway or apartment adjacent, or at the proferty line if the so~rce is ,located outside a structure or building shall be prima facia evidencf of a violati.on of this section. . I . I . . ubd. 6: ParticipaÙon in Noisy Parties or Gatherings. No person shall participate in any party 0 other gathering or, pennit any party or other gathering of people giving rise to noise; .-' i . .' , i 243 i i I ~ I 1 I I _...~-........_,..~...~ ....---.......- ,. j . .( disturbing the peace, quiet, or repose of another person. 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 ' I 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' ord~ance. 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 otherrecreationalvehicIe not licensed for travel on public highways. Snowmobiles and A TVs 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 Liabilitv. 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 frqmeveryother 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. .. . " 244 . In 02-08~ 9 ~t. Joseph Police Department Time: :18 am ¡ Initial Complaint Record I .. i ¡ ¡ Case Numbe : 00000954 i Date Reported: 04/28/00 Reported B. : SCSD i DOB: Address: 8p7 COURTHOUSEpR. P.O. BOX 217 Apt. #: Phone #: 320/251-4240 City: ST. CLOUD I State: MN Zip Code: 56302 Danger (Y/N): N Complainan : REFUSED I DOB: Address: ¡ Apt. #: Phone #: City: ¡ state:. MN Zip Code: Danger (Y/N): N ADDRESSlUPON ARRIVAL DID HEAR LOUD MUSIC AND LOUD VOICES IN ADJACEN~ PROPERTIES-JOHN ZINS,MICHAEL MEYER, BLAIR HOVEL, HAROLD ~CHULTZ III,RENTORS-DISORDERLY HOUSE & 8 KEGS· Squad/Badge #s: 7707: 7710 Addt'l Reports: Yes Protected: No i I I I I , I i Rcv'dBy: 07 Day: FRI Date Committed: 04/28/00 Time Commitþed: 22 : 48 i i Mess. Key Control Number (OCA) Cont. Agency NCIC Ident. ( CAG) ECI 100000954 MN0731100 .ate Reported (RPD) ¡Time Reported (TRP) Location Grid Number (LGN) 04/28/00 I 22 : 48 , Place Committed ( PLC): 818 E MINNESOTA ST i HRD Squa /Badge # (SBN), Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TCL) R 7707 22 : 48 22 : 49 02 : 10 I S N i UOC U C S 01 i 9250 A ¡ ! , 02 I 9260 A i 03 9274 A i 1 i , . i I i i i ¡ ¡ , i . Mon 02-08-99 st. Joseph Police Department Time: 7:1¥ Initial Complaint Record Case Number : 00001028 Date Reported: 04/28/00 Reported By: SCSD DOB: Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. # : Phone #: 320/251-4240 City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y/N): N Complainant: SJPD DOB: Address: 25 1ST AVE NW Apt. #: Phone #: 320/363-8250 City: ST JOSEPH State: MN Zip Code: 56374 Danger (Y/N): N Incident Description: BLAIR THOMAS HOVEL 10/11/77 RENTER OF HOUSE FOUND IN VIOLATION OF NOISE ORDINANCE-ESTIMATE 130 PEOPLE IN HOUSE 74 CITATIONS ISSUED FOR UNDERAGE CONSUMPTION-EIGHT BEER KEGS AND ONE TAPPER DISCOVERED IN BASEMENT DURING CONSENT SEARCH Squad/Badge #s: 7707 Addt'l Reports : Yes Protected : No Rcv'd By: 07 Day: FRI Date Committed: 04/28/00 Time Committed: 22 : 48 Mess. Key Control Number (OCA) Cont. Agency NCIC Ident. ( CAG) MCI 00001028 MN0731100 Date Reported (RPD) Time Reported (TRP) Location Grid Number (LGN) . 04/28/00 22 : 48 Place Committed (PLC): 818 E MINNESOTA ST HRD Squad/Badge # ( SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. ( TCL ) R 7707 22 : 48 22 : 48 02 : 10 I S N U 0 C U C S 01 9260 A 02 9274 A . , , Mon 02--08-99 'St. Joseph Police Department Time: 7:,19 am . InitialComplàint ,Record ' i ¡ 1 I Case Numbe : 00001029! Date Reported: 04/2'8/00 Reported B : BCSD i " ,DOB : Address: 8þ7 COUR'I'HOUSE ÐR. P.O.BOX 217 Apt. #: Phone #: 320/251-4240 City: ST.. ÇLOUD , i State: MN Zip Code: 56302 Danger (Y/N): N Complainant: SJPD. I '. ,DOB: Address: 251S'I'AVE NW ¡ Apt. #: Phone #: 320/363 -8250 City: STJþSEPH', ¡State: .MN Zip Code: 56374 Danger (y/ri): N Incident Description: i JOHNLAWRENqE ZINS09/22/78 RENTER OF HOUSE FqUND IN VIOLATION OF NOISE ORDINANCE-ESTIMATE. 130 PEOPLE INHOUSE 74. CITA'I)IONSISSUED FOR UNDERAGE CONSUMPTION-EIGHT BEER KEGS AND ONE ¡TAPPER DISCOVERED 'IN BASEMENT DURING CONSENT.SEARCH Squad/Badge #s: 7707 I Addt II Reports : Yes Protected : No i i i I Rcv'd By: 07 Day: FR~ Date Committed: 04/28/00 Time Committed: 22 : 48 I Mess. Key Contro~ Number (OCA) Cont. Agency NCIC Ident. (CAG) MCI 100001029 MN0731100 a:>ate Reported (RPD) !TimeReported (TRP) Location Grid Number (LGN) ~" 04/28/00 22 :48 Place, Committed (PLC) 818 E MINNESOTA ST HRD Squad/Badge # (SBN)i Time Assig. (TAS) Time Arr. (TAR) Time Clr (TCL) R 7707': 22 : 48 22 : 48 02 : 10 , ISN, uoe ues 01 i 9260 A 02 9274 A ! I , 1 , j . r , i I I i i i Mon 02-08-99 St. Joseph Police Department Time: 7: 19 aT Initial Complaint Record . Case Number : 00001030 Date Reported: 04/28/00 Reported By: SCSD DOB: Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-'4240 City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y /N): N Complainant: SJPD DOB: Address: 25 1ST AVE NW Apt. #: Phone #: 320/363-8250 City: ST JOSEPH State: MN Zip Code: 56374 Danger (Y/N): N Incident Description: MICHAEL DONALD MEYER 01/17/79 RENTER OF HOUSE IN VIOLATION OF NOISE ORDINANCE-ESTIMATE 130 PEOPLE IN HOUSE 74 CITATIONS ISSUED FOR UNDERAGE CONSUMPTION-EIGHT BEER KEGS AND ONE TAPPER DISCOVERED IN BASEMENT DURING CONSENT SEARCH Squad/Badge #s: 7707 Addtll Reports : Yes Protected : No Rcv1d By: 07 Day: FRI Date Committed: 04/28/00 Time Committed: 22 : 48 Mess. Key Control Number (OCA) Cont. Agency NCIC Ident. ( CAG) ECI 00001030 MN0731100 Date Reported (RPD) Time Reported ( TRP ) Location Grid Number (LGN) . 04/28/00 22 : 48 Place Committed (PLC): 818 E MINNESOTA ST HRD Squad/Badge # (SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. ( TCL ) R 7707 22 : 48 22 : 48 02 : 10 I S N U 0 C U C S 01 9260 A 02 9274 A . " , Mon 02-08-9 St. Joseph Police Department Time: 7:20 am 4IÞ i Initial Complaint Record ! i Case Numbe : 00001031 Date Reported: 04/28/00 Reported By: SCSD 1 DOB~ ' Address: 8~7COURTHOUSE PRo P..O.BOX 217 Apt. #: Phone #: 320/251-4240 City: ST.rLOUD ¡State: MN Zip Code: 56302 Danger (Y/N): N Complainant: SJPD DOB: Address: 25 1ST AVE NW , Apt. #: Phone #: 320/363-8250 City: ST J~SEPH I State: MN Zip Code: 56374 Danger (Y/N): N Incident DIscriPtion: : HAROLD WALTER SCHULTZ 07/17/78 RENTER OF HOUSE, IN VIOLATION OF NOISE ORDINANCE-ESTIMATE 130 PEOPLE IN HOUSE 74 CITATIONS ISSUED FOR UNDERAGE CONSUMPTION-EIGHT BEER KEGS AND ONE TAPPER DISCOVERED IN BASEMENT DURING CONSENT SEARCH Squad/Badg #s: 7707 I Addt'l Reports: Yes Protected: No ! Rcv'd By: 07 Day: FRI: Date committed: 04/28/00 Time Committed: 22 : 48 , I Mess. Key Control:, Number (OCA) Cont. Agency NCIC Ident. (CAG) ECl 100001031 MN0731100 , 1 _ate Repo¡:ted (RPD) ¡Time Reported (TRP) Location Grid Number (LGN) 04/28/00 i 22 : 48 ¡ Place Committed (PLC): l 818 E MINNESOTA ST HRD Squad/Badge # (SBN)! Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TCL) R 7707 ' 22 : 48 22 : 48 02 : 10 lSN UOC UCS 01 9260 A 02 9274 A . I 1 ,. 8t Joseph Police Department . Supplementary Report · I CR# 00000954-1031 DATE: 04/28/00 2248hrs COMPLAINANT: CITY OF ST JOSEPH OFFENSE: NOISE VIOLA TION/DISORDERL Y HOUSE/MORE THAN ONE KEG ON 04/28/00 AT 2248HRS MYSELF, CHIEF GARY WILL, AND OFFICER DAVE WINDELS WERE DISPATCHED TO A LOUD PARTY COMPLAINT AT 818 EAST MINNESOTA STREET IN THE CITY OF ST JOSEPH. DISPATCH ADVISED US THAT THE COMPLAINANT DID NOT WISH TO LEAVE A NAME. UPON MY ARRiVAL IN THE AREA I PARKED MY SQUAD CAR IN THE 10BLK OF 9TH AVE SE. MYSELF AND CHIEF WILL THEN BEGAN TO WALK TOWARD THE RESIDENCE FROM THE EAST SIDE. AS I WAS IN THE NEIGHBORS YARD I COULD HEAR LOUD VOICES AND YELLING FROM INSIDE THE HOUSE. I THEN RADIOED OFFICER WINDELS WHO HAD APPROACHED THE RESIDENCE FROM THE FRONT. WINDELS STATED THAT HE ALSO COULD HEAR THE VOICES AND COULD ALSO HEAR LOUD MUSIC. HE LATER TOLD ME THE NOISE WAS COMING FROM AN OPEN WINDOW ON THE NORTHWEST SIDE. AS I ENTERED THE YARD AT 818 EAST MINNESOTA ST I WAS APPROACHED BY ONE OF THE RENTERS FROM THE RESIDENCE. I ADVISED HIM OF THE COMPLAINT AND TOLD HIM TO GET ANY OTHER RENTERS WHO WERE PRESENT AT THAT TIME. HE COMPLIED. I THEN IDENTIFIED THE RENTERS AS: BLAIR THOMAS HOVEL 10/11/77 · JOHN LAWRENCE ZINS 09/22/78 MICHAEL DONALD MEYER 01/17/79 HAROLD WALTER SCHULTZ III 07/17/78 UPON ADVISING THE RENTERS THAT WE HAD FOUND THEM IN VIOLATION OF THE CITIES NOISE ORDINANCE, I ASKED AND RECEIVED CONSENT TO ENTER THE HOUSE IF NEEDED AND RETRIEVE ANYONE WHO DID NOT LEAVE. WE WOULD, HOWEVER, STAY OUTSIDE THE BACK DOOR AS THEY INITIALLY WENT INSIDE AND TOLD EVERYONE TO LEAVE. WE DID THIS AFTER THEY EXPRESSED CONCERN ABOUT THEIR LIVING ROOM CARPET AND THE POTENTIAL IT COULD BE DAMAGED. WHEN I ALSO ASKED THEM IF THERE WHERE ANY PEOPLE UNDER 21 IN THE HOUSE DRINKING, THEY STATED THAT THERE MOST LIKELY WAS. I THEN REQUESTED ASSISTANCE FROM THE STEARNS COUNTY SHERIFFS DEPARTMENT AND THE WAITE PARK POLICE DEPARTMENT. BOTH THE FRONT AND BACK DOORS WHERE SECURED AND PEOPLE WHERE ALLOWED TO LEAVE AFTER IDENTIFYING THEMSELVES PROPERLY TO AND OFFICER. THROUGHOUT THE COURSE OF CALL PEOPLE WHERE IDENTIFIED VERBALLY, BY LICENSE, OR BY V ALIDINE WITH A TOTAL OF 74 PEOPLE WERE ISSUED CITATIONS FOR UNDERAGE CONSUMPTION. I WOULD ESTIMATE THERE WAS A TOTAL OF 130 PEOPLE AT THE RESIDENCE. AFTER CLEARING OUT MOST OF THE PEOPLE I AGAIN ASKED AND RECEIVED PERMISSION TO ENTER THE RESIDENCE AND CLEAR THE REST OF THE PEOPLE OUT. AS I WAS IN THE BASEMENT OF THE RESIDENCE I DISCOVERED EIGHT BEER KEGS IN VARIOUS PLACES WHICH I TOOK AS EVIDENCE. ONE OFTHE KEGS HAD A TAP ON A SHELF NEXTTO IT WHICH WAS ALSO · TAKEN AS EVIDENCE. THE RENTERS WHERE ADVISED THAT THEY WOULD BE CHARGED WITH DISORDERLY HOUSE AND FOR THE KEGS. THE RENTERS WERE COOPERATIVE AND HELPFUL 1 i . St Jpseph Police Department . : Supplementary Report I j , IC~ 00000954-10311 DA~E: 04/28/00 2248hrs CO PLAINANT: CITY ~F ST JOSEPH OFfENSE: NOISE VIOLATION/DISORDERLY HOUSE/MORE THAN ONE KEG IN ~MOVING THE PARTYGOERS. WE WERE CLEAR OF THE SCENE AT APPROXIMATELY 021 . HRS. I WAS UNABLE TO MAKE CONTACT WITH TOM KUELDS WHO IS THE OWNER OF THE PRtERTY, BUT DID LEA~E A MESSAGE ON HIS VOICE MAIL AN AUDIO TAPED COPY OF THE DIS ATCH CALL WAS ALSO REQUESTED. II mk! . . tCE~AUL SCHLEY ST OSEPH POLICE DEPARTMENT . . , . · " St Joseph Police Department Supplementary Report rCR# 00000954 Chief Gary D. Will Jr., Reporting Officer · St. Joseph Police Department St. Joseph, Minnesota 56734 ACTION TAKEN: On Friday April 28, 2000 I was riding with Officer Schley when we were dispatched with Officer Windels to a noise complaint in the 800 block of East Minnesota. We arrived in the area parking on 91h SE. I walked to the back yard while Officer Schley walked towards the back door and Officer Windels walked to the front door. Officer Windels radioed that he could hear music and talking off of the property. I could not hear anything fÌ'om my location. I observed a male out the back door who walked up to Officer Schley. I walked up to them and was told by Officer Schley that he could hear talking from his location. The man was identified as one of the residents at the house that has an address of818 East Minnesota Street. After the residents were identified, Officer Schley requested assistance fÌ'om the Sheriff's Office and Waite Park Police. When they arrived, we started to bring the people out of the house one at a time with the heIR and consent of the residents. For the first couple of hours, I W'atched the outside front door and side / windows. During this time, 2 men tried to run from the home. One was caught and the other escaped. Later several tried to rush the front door with one escaping. During this attempt, Deputy Meland was injured tearing the tendons in his hand. The PBT's were in need of new batteries so I returned to the police department obtaining 2 more units. When I returned I started to interview and obtain breath samples from those present along with Deputy Meland. Each test administered by Deputy Meland was observed by myself along with the test results. · Both of us were using the departments Intoximeter Aleo-Sensor IV's. I observed and administered 18 different PBT tests with 15 underage showing alcohol in their system and 3 j registering .000. Officer Paul Schley discovered 8 kegs in the home. I assisted in taking them outside and guarded them until they were transported in.2 patrol cars to the officer where Officer Schley secured thèm in the police garage. ./'" p ( i i , . St. Joseph Police Department , Supplementary·Report ì , I , I I~: 00000954 . D TE: 04-28-00 ! C MPLAINANT: :CITY OF ST. JOSEPH o FENSE: DISORDERLY HOUSE/NOISE VIOLATION/MORE THAN 1 :G ¡ , , 04-28..;00 AT2248 HOURS, MYSELF , CHIEF WILL, AND OFFICER , , S HLEYWERE DISPATCHED TO 818 E MN STFORA NOISE CfMPLAINT. UPfN MY ARRIVAL, I WALKED TO THE WEST SIDE o THE HOUSE ÆND STOOD OFF PROPERTY. I COULD HEAR . , I I L I UD VOICES A~D LOUD MUSIC COMING FROM INSIDE THE HOUSE. THE BASEMENT WINDOW WAS OPEN ON THE WEST , , i S iDE OF THE HOUSE. I STOOD BY AS OFFICER SCHLEY Ii ENTIFIED AN:q SPOKE WITH THE RENTERS. OFFICER SCHLEY I T EN INFORMEID ME THAT THE RENTERS GAVE US CONSENT TO i ì E TER THE RESIDENCE. WE ADVISED THE RENTERS TO GO tIDE AND TE+ ALL THE GUESTS THEY HAD TO LEAVE AND T AT WE WOULD BE CHECKING ALL OF THE GUESTS TO MAKE sb THEY WE~ 21 YEARS OF AGE AND WERE NOT DRINKING ! . i LCOHOL. THEfB WERE APPROXIMATELY 125-140 PEOPLE i i i I ~ I' INSIDE THE RESIDENCE. A DEPUTY FROM THE STEARNS CO. . SHERIFF'S DEPT. AND A WAITE PARK POLICE OFFICER .WERE CALLED TO OUR LOCATION TO ASSIST. OFFICER SCHLEY STOOD AT THE FRONT DOOR AND I STOOD AT THE BACK DOOR. WE OBTAINED EITHER BY MINNESOTA DRIVER'S LICENSE, V ALEDIVE, OR NAME AND DATE OF BIRTH WHO THE GUESTS WERE WHO WERE NOT 21 YEARS OF AGE AND WHO HAD BEEN CONSUMING ALCOHOL. I CITED 30 PEOPLE FOR UNDERAGE /' CONSUMPTION (340A.503) AND ALL OFFICERS CLEARED AT 0210 HOURS. . . 17 May 200p, i" Bills Payable Page 1 Wed 6:16 PM City of St. Joseph May 18, 2000 . Check Transaction Depart Number Name Amount Comments Description Fund! I 28310 BROWNIN -FERRIS INDUSTRIES 50,61 refuse removal Park Areas 101 , 28310 BROWNIN~ERRIS INDUSTRIES 22.49 refuse removal Park Areas 101 28311 CARPET ,INC 476.59 clean carpeting, Fire Hal Fire Station and Building 105 28312 CELLULA 2000 71.13 cell phone, dick Street Maintanence 101 28312 CELLU~R 2000 59.77 cell phone, police Communication Service 101 28313 CITY 01 ST. CLOUD 9,075.19 sewer use Sewage Treatment Plant 602 28314 EHLERS AND ASSOCIATES 186.38 update quick tif Economic Development Authority 101 28315 FIRSTA, TRUST COMPANY 7,961.25 bond interest Bond Payment (P & I) 309 28315 FIRST TRUST COMPANY 8,040.00 bond interest Bond Payment (p & I) 310 28315 FIRSTA TRUST COMPANY 4,202.50 bond interest Bond Payment (P & I) 308 28315 FIRSTA TRUST COMPANY 9,282.50 bond interest Bond Payment (p & I) 312 28316 GOPHER STATE ONE-CALL 60.00 notification fee Administration and General 601 28316 GOPHER STATE ONE-CALL 60.00 notification fee Administration and general 602 28317 GRAEVE, JAMES 25.85 frulingsfest expenses Legislative Committies 101 28318 GRANIT ELECTRONICS 240.76 install speaker horn in b Fire Repair Service 105 28319 HARDRIIES i 614.25 salt/sand, hauling Ice & Snow Removal 101 "'" "'K"I 'A"R '''A'M'NT GROO' 12.00 water test Purification 601 28320 HAWKIN WATER TREATMENT GROUP 80.00 sewer test Sewage Treatment Plant 602 ! 28320 HAWKIN WATER TREATMENT GROUPi 12.00 water test Purification 601 28320 HAWKIN WATER TREATMENT GROUPi 12.00 water test Purification 601 , 28320 HAWKIN WATER TREATMENT GROUP 297,42 acid, water treatment Purification 601 i 28321 HENRY t ASSOCIATES 110.39 curb box parts Distribution 601 . 28322 K.E.E'f.R.S. INC 9.53 brass buckle, Meyer Crime Control & Investigation 101 "'" K.'.R.i'.'. 'Ne 21.25 cuff case, Meyer Crime Control & Investigation 101 28323 KINKO' 201.11 summer rec publications Participant Recreation 101 28324 KLN DITRIBUTING 1,748.87 police chief computer Crime Control & Investigation 101 28325 LEE'S CE HARDWARE 71.87 banners, farmers market Legislative Committies 101 28325 LEE'S tCE HARDWARE 12.63 farmers market supplies Legislative Committies 101 28326 LEEF B OS 5.87 floor runner Ci ty Hall 101 28326 LEEF 11.74 floor runner City Hall Annex 101 28326 LEEF 23.63 clothing service Street Maintanence 101 28326 LEEF 23.63 clothing service Park Areas 101 28326 LEEF 23.64 clothing service Administration and General 601 28326 LEEF I 23.64 clothing service Administration and general 602 "'" M'NN"~A O,'ARTN,., 0' "AL1' 1,140.00 state water permit Administration and General 601 28330 NORTHE STATES POWER : 19.95 utility services Signal Ligl}ts 101 , 28330 NORTHE STATES POWER 1,609.72 utility services Street Lighting 101 28330 NORTHE N STATES POWER 34.25 utility services Park Areas 101 28330 NORTHE N. STATES POWER 37.01 utility services Ball Park and Skating Rink 101 28330 NORTHERN STATES POWER 201.32 utility services City Hall 101 I 28330 NORTHErN STATES POWER 220,04 utility services City Hall 101 28330 NORTHE1RN STATES POWER 54.87 utility serVlces City Hall Annex 101 28330 NORTHlRN STATES POWER 24.84 utility services Ci ty Hall Annex 101 28330 NORTHJRN STATES POWER 70.18 utility services Ci ty Hall Annex 101 28330 NORTH RN STATES POWER 80.81 utility services Street Maintanence 101 . 17 May 2000 Bills Payable Page 2 Wed 6: 16 PM City of St. Joseph May 18, 2000 . Check Transaction Depart i I Number Name Amount Comments Description Fundi 28330 NOR THE STATES POWER 22.47 utility services Street Maintanence 101 28330 NORTHEJN STATES POWER 21.77 utility services Street Maintanence 101 28330 NORTHEI: STATES POWER 79.26 utility services Maint Shop 101 28330 NQRTHE STATES POWER 118.88 utility services Street Maintanence 101 28330 NORTHEfN STATES POWER 194.50 utility services Storage 601 28330 NORTHERN STATES POWER 73.34 utility services Purification 601 28330 NORTHEfN STATES POWER 234.89 utility services Purification 601 28330 NORTHERN STATES POWER 608.24 utility services Power and Pumping 601 28330 NORTHE~N STATES POWER 80.23 utility services Power and Pumping 601 ""0 'OR'''I: "A'R' ,"W'R 308.12 utility services Sewage Treatment Plant 602 28330 NORTHE N STATES POWER 66.47 utility services Sewage Treatment Plant 602 28330 NORTHE N STATES POWER 46.13 utility services Sewer Lift Station 602 28330 NORTHEfN STATES POWER 21.81 utility services Sewer Lift Station 602 ""0 'ORTIm!: "A'" '"WEe 282.94 utility services Fire Station and Building 105 28330 NORTHE N STATES POWER 215.78 utility services Fire Station and Building 105 28330 NORTHE N STATES POWER 6.28 utility services Emergency Siren 101 28331 PROM, OB 682.93 frulingsfest, pig roast Legislative Committies 101 28332 RAJKOWFKI HANSMEIER LTD 2,300.00 legal fees, criminal Crime Control & Investigation 101 28332 RAJKOWLKI HANSMEIER LTD 802.00 legal fees, criminal Ci ty At torney 101 28332 RAJKOWLKI HANSMEIER LTD 47.00 legal fees, brandenburger Street Maintanence 421 28332 RAJKOWFKI HANSMEIER LTD 408.50 legal fees, CR 121 Street Maintanerice 106 . 28333 ST. JOE MEAT MARKET, INC 435.07 pig,frulingsfest Legislative Commit ties 101 28334 STAMP FULFILLMENT S. CNTR 729.20 stamped envelopes Salaries & Adminstrative 101 I 28335 STE::JS COOPERATIVE ELEC. ASSN 270.00 lighting, 17th Ave Street Lighting 101 28336 STE IS COUNTY CHIEFS ASSN 25.00 dueE!, 2000 Crime Control & Investigation 101 28337 STUEVE'S GARAGE INC 120.60 towing, siezed vehicle Automotive Services 101 28337 STUEVÐ'S GARAGE INC 160.28 towing, siezed vehicle Automotive Services 101 28338 US B~K TRUST CENTER 12,006.25 bond interest Bond Payment (P & I) 319 28338 US B K TRUST CENTER 30,777.50 bond interest Bond Payment (P & I) 317 ,.". 0' ';;I "0" CR'''R 20.427.50 bond interest Bond Payment (P & I) 314 28338 US B K TRUST CENTER 29,482.50 bond interest Bond Payment (P & I) 315 28338 US B K TRUST CENTER 44,042.49 bond interest Bond Payment (P & I) 321 28339 US LI K 132.26 telephone service Salaries & Adminstrative 101 28339 US LI K 43.79 telephone service City Hall 101 28339 US LI K 293.88 telephone service Communication Service 101 28339 US LI K 121.73 telephone service Maint Shop 101 28 3 3 9 US LI K 115.62 telephone service Economic Development Authority 101 28339 US LI K 46.73 telephone service Fire Communications 105 28339 US LI K 49.98 telephone service Administration and General 601 28339 US L1IK 46.64 telephone service Sewer Lift Station 602 28339 US LI ( 46.64 telephone service Sewage Treatment plant 602 28339 US LINK 99.68 telephone service Administration and general 602 ---.- ---- ·,Jrand Total 192.718.36 . I i I 1 i ~ , ¡ r Overtime and Callouts i . , i , Ga Donabauer 1 Jean Gustin ! i 04-29-00 .50 hrs Finish Arrest 05-06- i 0 2.00 hrs weekend ~ork 05-07- 0 2.00 hrs weekend work 05~08-00 1.50hrs Finish arrest I Jim M rthaler i Paul· Schlev i , I 05-04- 0 2.00 hrs Sewer Call out 04-30-00 4.50 hrs paperwork, noise violation 05-02-00 2.00 hrs Court Mike worski ! 04-29-00 2.00 hrs Pinestock, extra coverage I .. . I 05-04- 0 2.00 hrs main backup I i I 04-28-pO 2.00 hrs Performance review, Lorraine 04-29-pO 1.00 hrs finish arrfsts 05-02-00 2.00 hrs court i . i I I I I , i I i i I . I I , I i ! i ¡ I I " . . . . ~ . i Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session Thnrsdty, May 4,2000 in tb1 St. Josepb City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Cory Ehlert, Bob Loso, Mary Niedenfuer. Deputy Clerk JJdy Weyrens. Absent:ClerklAdministrator Cari Schmidt. Others ~resent: Public W ork~ Director Dick Tanfeen, ED A Director Cbad Carl,on, Cress Gaekle, Joan Vincenr' MarkAlas, Paul Beriek, Steve Martinez, Becky Martinez, Glen Deutz, Dorothy Deutz Approve Agenda: Twit made a motion to delete item number 16, AFSCME Union Contract as a specia~ meeting has been sc~eduled for May 17,2000. The motion was seconded byLoso and passed unanimously. 1 Loso fade a motion to apJove the agenda mth the~:llo~~:gadditions: 4.5 Steve & Beçky Martinez - Roth House Purchase 15.5 MN Street Beautification - Flowers, B~rk.atps The m1otion was secondedJY TWi~;;~~~,e~tJalíriì,uSI!1 . Consent A enda:Losot~~,&.motIf' to apprql the¡¡consllt passe unanimoIÎSly·.)V I tIt; !I\'; . HiBtt t.mIt ..it 'i;/~+" 1 ~i;ii;. t/(i'¡¡iii;\1tyt'l'i'l ,v, ';;;f~a.~pp:~~e the' hi~~g o!~i~la Kr~~~;fdTI:comri~,~t i\' ····\S; I";') "'\"'iW""''';;''''\U'' 'iWM ,.ijtii\ì,f..pplive thei pU'!îlþasÿ,¡~ra1dedest;~n crössing.,íign '17,il:'.t. .,jjt;'i~ ij¡;~;tl!i 'ii"!i!!,:!!~!: . SerenCabI~i:frar1chi~!::Cre~s ~ck1e~~epresentiry;_:,Seren aDI),ef~Ïiêd before the Council to discuss a poten~al fra'~iRi;f.ea'~en:e~ti'ichìt,~ld allo~!IISèren to provide cable services to St. J?seph. ~ack1e statedrhat Se€~'J'lills ai'~£sldIa'icoJ:V¡]iÌ:àñy"'ofNorthern States Power and offers the followmg servIces: high s:t1!eed inte1W1et, loê'~~íl])!'long distance phone service; video on demand. . 1 ~ ., . . . i ,.1". i GaC!elfstated tbat Seren i, currently operating in the St. Cloud area and St. Josepb i, tbe first outside comm nity being offeredthç service. Seren focuses marketing efforts towards quality product and custo ,er service. I , The fallowing is a summarylofinformation presented: i Œ> Cable serviceis:constructed as a redundantloop service. This type of construction minimizes downtime to' customers. Œ> Before construction of the system can begin engineers will walk through the entire City and design the system. The main fiber will run directly from Waite Park to St. Joseph. Œ> Construction type will be tree and branch. To service St. Joseph 40r 5 nodes will be needed. These nodes ar~ rather large and Seren will work with the community to place them strategically. The lines within the City will be underground wherever possible. i Œ> Construction tiIf-eline is approximately one yearwith service anticipated to begin the second quarter of 200 l.! . Œ> The tranchise agreement will include three access channels: government access; public access; educational access. Œ> Service cost per: month: Cable -82 channels: $ 26.95; High Speed Internet: $39.95; Local Phone Service: i $ 14.00; Bundle service for all three services: $ 68.77 + tax. i I . I The £ Howing is a summaI)j of responses to questions posed by Councilor Twit: Œ> Seren charges irtstallation fees but in an effort to solicit customers, incentives such as tree installation ma1 be offered. May 4, 2000 Page 1 of 8 I ! I - Œ> Any contractor or sub contractor must abide to the safety policies of Seren Performance · Bonds are also required of all excavators. Œ> Seren still has outstanding issues concerning the tragedy in St. Cloud but the company is solvent enough that their assets would not be depleted as a result of litigation. Œ> During the construction phase Seren will notify neighborhoods of the excavation plans. As Seren hopes to gain the residents as customers they will make every attempt to please the residents. Œ> Lines will be placed through open trenching or boring. Œ> A design team will draw the construction plans for the system which entails walking the entire town. Four to five nodes will be required to provide service and power. Nodes will be constructed one at a time providing services to one area at a time. Œ> The cable service will consist of 81 channels. At this time a competitor in St. Clouq¡has exclusive rights to MSC and it is uncertain as to whether this channeLs;~~)€l be pro,l¡:led in &J h _1. - osep . .... .... . ...,....,.:~::{':'i. .. Œ> The respo~se in 5t. Cloud has met the ex~e~t~ti9~1i~rSen;¡~Úh 28!~ s~JsCriPtiO~¡~J¡~'¡fble services. The expectati on 0~~iS\~11,~~~;tiî¡ifO:g1p h 'i~;5 O%;ii~iibscribership'i!¡.i:·'!ij:'. Œ> To better inf0ffil.the CO~i~i~ffer(,intends to'lpnd~í a public mee~~,g to d\i9!$;~~~~S se:li~Ss a~¡,!¡~.0~)tionl{oce:s; J,I!'i,!!!jI~i rll 11i;¡~¡ ':~\\i Thef~~lowing iSla suinary ofi,\po~¡Ê~"t~ques,~Si'4sed bIlCo~~ilor Loso. .;.i~!!¡~f' .~ RePfese~ptives of Ilen~f\¥ê"et w\W' the Cabl¿i~ommj~~ionto discusSithe thfee access channel~,~¡!¡ Since th~¡fe1, from the ~~ble Com~t~sion wiÌsiä!1;J;st received, Gackle stated that iit:~~e ~ou~t.~eview thj'fequ:~~ts and rep~~back tq;Mliìêeable Commission. · Œ>;!¡lblring tl~ constru,øon Pil,se Sere.Q,diiH'work with the City to find the best location for the n~I's, I.ÎRssib~~:lheYi~Î:ì1¡;eonsider placing them in areas such as City Parks. Œ> Ori~¢ the S~s~@JiNtìÌ1 the City of St. Joseph is complete, services can be extended into St. . Josêþh Township. However, in order to extend the service Seren would need to have a "-ëommitment of40 customersina one mile radius. Œ> If a residence requests high speed internet for more than one computer in a household, Seren installs a Home Lan Service which will change the internet cost from $ 39.99 to approximately $ 70.00 per month. The following is a summary of responses to questions posed by Councilor Niedenfuer: Œ> In the unlikely event that Seren is not solvent, the lines would be sold to another company. Œ> Since the requests of the Cable Commission havejust been received Seren is not in a position to make any further financial or service commitments to the City at present. However they . will review the requests and respond to the Cable commission and City Council. The following is a summary of responses to questions posed by Mayor Hiemenz: Œ> Before Seren makes a decision to extend service to a community a feasibility report is completed. Once Seren makes the decision to go forward and have secured the necessary licenses and agreements construction will not stop. The following is a summary of responses to questions posed by Councilor Ehlert: Œ> Whenever possible Seren will install the cable lines in joint trenches with other utility compames. Twit stated that he has a problem with Seren installing lines before a franchise agreement is executed. · Twit further stated that he would like to see the design for the entire system before approving the franchise agreement. May 4. 2000 Page 2 of8 . Paul B enek, Network speciJlist for CSB/SJU, encouraged Seren to move ahead with their project in St. Joseph as it would be a tremdndousasset to the College community. Currently the internet access is limi~edl and the currently fran:chised cable company is not in a situation to offer high speed internet serVIces. i Cress ~raekle agreed to reYi~W the information pre,ented at this meeting and wBl aITaoge a meeting wÜb the calle Commission to further discuss the franchise agreement. Roth P 0 e - Pro osed sa~e: Steve and Becky Martinez appeared before the Councilto present an offer t! purchase the Rothprbperty located at 313 East Minnesota Street. Becky Martinez stated that they , have h d electricians, plumbyrs and a housing inspector review the house to determine the necessary repair IS. Martinez stated the roposed offer is a starting point and they are willing to negotiate price. Losol ade a motion authorizing Cari Schmidt, Cory Ehlert and Ken to with prope1ty owners to reach a negotiated price to bring ::~:~b:::::::t:::i;t~i~d the hef:ing was~øco~ï~der yi,¡~ng rrNorh 1 ,,;:¡Az~li:,ue N~.¡.,~ThI~~¡fecte~ PI~fer.~.~,r Çt...,...lsa gre.:..e...·....Jill........:....).....ent m:..:.the .e....:..:...fl'..,........:.·.s...... ement d~.i.i!i'.·.........¡µme.... n...i...:.JFi..I......~···· ·'ß...,o. so ¡............ '.. ill""! i....·..··"',·" f),n Mq'J!~,~';. 200(J; sèf4(!nded,bYíJJtit 4Jd'passed I;;;;:i·!!j!".i]: .':~~¡ i,iii¡;¡:.'j J'!i"i! . BUblid;Co~ t1\:~g~J4 ~O!, ~lal of ~tes':~de::';;;on to approve the Council minutes of April 20" with rhe follow.;'!!J correction:¡ 1· . Page 7: Councilor Reports "Niedenfuer also reported that she attended a meeting for co~tact persons for the HCP prOflram in Little Falls. BBls " ayable/Overtime: LoL made a motion to approve the bYls payable, check numbers 28237- 28308, as presented;secon1ed by Ehlert and passed unanimously. . 1 Loso ade a motion to approve the overtime and callouts as presented; seconded by Ehlert. Discussion: Hiemenz) questioned the overtime for the Police Department meeting. Police Chief Will stated that he requested the meeting to discuss policing policies and other matters that are related to the Police I Department. I . The lotion passed unanim~usly. Com uni Center - Glenni Deutz: Glenn Deutz appeared before the Council to discuss the construction and ! aintenance of a Community Center. Deutz stated that it was his understanding the Council had two majo concerns: L Annua~cost of a directôr; 2. Annual maintenance costs of the building. Deutz estim tes a director salary f, r St. Joseph would be approximately $ 28,000annually. As far as the main enance cOsts, the 199.... maintenance cost of the St. . Joseph Community Fire Station was 1 approximately· $ 9,000. As the proposed Community Center would be of similar. size, Deutz assumes main~enance costs wouldb¿ similar. I , Deut stated that Mary Anti Krebsbach has generously donated the landfor the Community Center and . enco' rages the City to accept such. Deutz i, willing to continue to work on the project and sobcit funds, but t at cannot be done until a building design has been completed. Therefore, Deutz requested the M,y 4, 2000 P'gd 0(8 I I I I ! Council consider releasing the designated funds for the Recreation Center to be used for survey and . architectural costs. Hiemenz stated that he would like to see a Community Center in St. Joseph, but the major concern is funding. The City has many projects underway and funding is limited so the Council must prioritize spending. However, if a Community Center is constructed Hiemenz requested that a library be considered part of the project. Loso stated that he feels the Council needs to look at including youth in the project, but does feel that the youth would be satisfied with an open area gym. Niedenfuer disagreed with Loso regarding activities for youth. Niedenfuer stated that youth may have an interest in a cyber café and there may be other activities they are interested in. She stated that it would be a shame not to research alternatives before turning down the idea. .C"c" , :f.:~fi-:-:::m\:'::' Niede~fuer also st,ated that S. Miriam ~dolf, OS~ has offered t~e as~i~\f,fl0el~thë~pllege BenedIct grant wnters to help seek fundmg. The Issue~~a,Ç;i,.mun~i' Cente1'1~cou~~also be the ballot in November to see if the public i~,~ill~l~mtØwp¡;f in~~~aseql¡,xes to suppo!a Center. ...K\~¡~¡¡W¡i0ii/lffl\¡i I¿!! ;1" .HIi' ë,li<t~iiì!iI';¡ ili ''it; ¡ii:", '.: Ehlert stated th~tin or~~t for t~ilConÎÎunity Cen~~'r tolie suc~~ssful~¡Ít will need th¡::support of the -)' __::::r:,,:'~-' "~?\'::"\': :':Tth /i ':>W:j'í.>:::::<:I:_t}1~H~> ":>---r:~::~ ' X,~;vrie¡i'!ìíia.nizatiqþs·Æt~utz stat.hat!!lk.~~ltof in~1féste~ pers~~s ~~.f on A~rik26 t~ discuss the lomllã:!~ty Cef.ter ~~p agreed ~~ij~ou~.~%t5el1¡l1por~!i1itj1t for the ~pncI1·~"a.PP~}.pt a 11a'lson to the commitF~~~ CodÞciR~~s Ehlert aí1 L<i~1 volùnteetTt to be pa1!!!fthe è~..i,ftee. Niedenfuer stated that the Health~¡i.Ço~mu:t;l¡jty Partneilìip CII,CP) has bG1~p. discus§i~eömpleting a survey and needs . 'm ........;¡i,... <"';'n¡i assessmentfÊ!.e fall of!'2000. It 1\J\lay b~t;þossiblet'ºimne Community Center to part of the process. ,:"':,- 'ifiiedel)fuer må(le a m()'lif/efJÞî'ðauthorize release of the designated funds in the Recreation Center Fund tOhel~,~urvey ¡/Îtd draft a building plan for a community center. The motion was seconded by Loso andp"il'Ssed unanimously. Niedenfuer made a motion to appoint Councilor Loso and Ehlert to the Community Center Committee; seconded by Twit and passed unanimously. Niedenfuer made a motion authorizing the City Office Staff to work with the College of St. Benedict grant writing staff to help securefundingfor the Community Center. The motion was seconded by Ehlert and passed unanimously. -- .-,-- City Hall Lease Agreement and Bonding Authority: EDA Director Chad Carlson appeared before the Council to discuss the Lease Agreement between the City of St. Joseph and the St. Joseph EDA. Before the EDA can issue Public Project Revenue Bonds, the City and EDA need to execute a lease agreement. The EDA Board will be meeting on May 10 to execute the lease agreement. Carlson stated that the Council received the agreement prior to the meeting. The agreement has some minor corrections that need to be made, but more importantly the Council needs to determine the amount and term of bonds that will be issued. Loso made a motion to authorize the City Clerk/Administrator and Mayor to execute the Lease Agreement between tlte City of St. Joseplt and the St. Joseph EDAfor the issuance of Public . Improvement Bonds for the acquisition and remodeling of the First State Bank Buildingfor use as the City/Police Offices. The Bonds will be in the amount of$ 960,OOOfor a term of15 years. The motion was seconded by Ehlert and passed unanimously. May 4, 2000 Page 4 of8 . . Miscellaneous Matters: i Œ> The Housing TaskForce has met and are working on defining the issues. It is anticipated to presentthe infonhation to the surrounding jurisdictions sometime in July. Œ> The Planning Co,mmission is recommending the Council authorize the setting of a public hearing to amenq the Zoning Ordinances regarding accessory buildings. Recently an accessory buildirig was constructed in a residential neighborhood that is pole barn innature. The current Ordipances do not require accessory buildings to be similar in construction to the main structure. The Planning Commission is requested to change the Ordinance to prevent this from happening ! Ehlert made a ~otion authorizing the Planning Commission to cond~f"..,a public"laring on June 5, 2000)to amend the Zoning Ordinance regardi~!i}f!ice~~sory!Y¿.f'ildings',¡;/':1,e motion was seco1nded by Niedenfuerand p~~~ell<M!~anim~!ftsly. I'f~ l":, 1 " , ,,_,_._,._ _.):¡:::~i:i:::i'::'::':_: ~:'Ä~~,,4f:;:;:~;;ÚL1\\:;;)~;:: _:'_~;'_~¡:i:;,J' ::',;~f:¡;·:F ,i,:~:::::;:i:,~,., __~;:_:{ ~';i~;:'::/ The Council als9 discu§s~ì';1Wï~'S~~b~qlofthe?acc~JfolJfiúilding in que~~on an~'!0~~}#~!~~ed the Bui1din~.,~1D'~l~.~1 sto1j1þe buildinfi~fth1!setb~ìts a1lii?hot met. 0i;)ii ,i" )<l:'·¡# ..}!~' I ';il!¡·~ ~!!'. ,r .···'...111 II~Îl . :j¡l~ .7 ~~SGilÎ,~stione4i;cari!ifn as ~o t~~4,del.~~iJent swS'~1the I«lus~i'Park. Carlso~~tesp~~~ed l~ts or¿Ii~~,~eph S:ree~i'i~ave sold tlr a1~f~èr!1.pt in ~!þ Busines~f.ark i~;i~,*~ndifl~.r Lq§~,li(\¥dlcontact Carlson . at sec9tel~her\,det~~~ß' li!ji~¡;;1!1';i!'!!f~Ii.. ......j!;;;w;!W\¡..;!\.,,~' seniorIDi~Óri~r¿t~tiO~:~\ Polic~ ~!~ef itþ Will s,t¡¡Í~~ä!·that heh~~' had several meetings regarding Senior Disorifntatiot)i\!!~forc~~ent ~1¡,tís. jliii1nAstated that one of the ,goals is to provide a safe evening for the students and res~dents.'~t,w¡a$ns County has agreed to the closmg of College Avenue North between Minnefota and Ash Street artdwill waive the pennit fee. Blocking off the street is not intended to be confr0rtational, rather a safi area to say good-bye to classmates. ..' Niede1[fuer stated the Council and Police Department need to be aware ofthe two residences that are located in the area to be blodked off and the need to be sensitive to their needs. ¡ i· Will sated that other sugge~tions included leaving the bars open an hour longer; not to serve alcohol, but as a g thering place to say gpod-bye. The bars were not receptive to this idea and were not interested in servin food. Niedenfuer questioned iHood will be served outside after 1 :00 a.m. to provide a more festiY¡ atmo~hore. Twit sttted tl¡at hoth pizza estabUshments on College Ayenue are closing at 10:00 p.m. t· at mg t. ! . i Ehlert has some reservation~ about changing the natural flow of activity in S1. Joseph because of the stude ts; but understands th~ need to provide a safe area. He further questioned how the police will respo d if the students decide to gather in a different location this year. Will stated that this year 12 Hlgh~aY Patrol and 8 Stear?' County Officers wì11 be patrolling the area along with the SI. Joseph Police Depa ment. With this additional police force another area could easily be secured. Tlie ouncll agreed to c10s~ off College Avenue Nortb bctween M;nnesota Street and Ash Street when neces arybutnotbefore 10;30 p.m. Signs prohibiting parking will be placed on College Avenue during . the d 'y and covered until 19:30 p.m. and barricades will be placed on the side of the road until needed. May 4, 2000 Page 5 of 8 I <, Mayor Reports . Pond View Ridge Five: Hiemenz reported that he has received complaints regarding the drainage between some homes located on lih Ave and Able Street. The Engineer and builders will be meeting within the next week to resolve this matter. Elevations were nót established before homes were constructed which has created some drainage issues. Rail Authoritv: The final report regarding light rail has been filed. The report concludes that it is not economically feasible to extend light rail to St. Joseph. The cost of extending the line from St. Cloud to St. Joseph is approximately 9.4 million. Councilor Reports TWIT "IM,j1'Ø;;:'¡_II¡!, Community Center: Twit stated that if the Communi~S~nt.@1,~oínm~¥1ee is gð~ng make sure to question whether or not the resp<?n,çlí?ÐtlÌ'sièwi}ling¡~þ paY0Y~br the cost it maybe beneficial to contact a prqh:~§.i.øÑãl:§urv~:g compnny~~ ass~~t the group. t¡t¥ÆY:Y;iìt,1¡t,1 1 iIii:lr'itl,:(; ~olic~~eport:,,'Wit :¡~~'~tionJ'J!het.f t~eIPo~iC~í~lrt i~ 'Ef pa~~et was gomg ¡~as(~J:¡;mformal,on p¡~rposes olr. 1Iê C;~,ncll ti'gree ¡,to dlS;<ffsS t]åei,report.; t liilll'!':I,;,;,i1il' ti~. 'illl,lilitii¡¡iiMljC',! Ili,.!!III'I"'", ""i' 1!NiedetJi~ø~,exPl1~SSe~,Foncern ,~~h r~l~rd t6 the .mber of u~.~rage7p~1§oÑŠ~ reported at the local establishmeÐts.Shealso stated~]jJ.at s¡~ does not (~~l the barsIg~ÒUld be marketing promotional drinking . on weekends§pyh as'l?ine Stock! ThelSouncil q,glèeed with 1!Niedenfuer regarding the number of underage g:itatiO'Ds andr~fStµeste~;¡he P9¡ïce CbièÍllmmpile a report from August of 1999 to present of the number of Imder~ge patro~~ citedintlWf1.cÍÍ establishment. The Council also questioned if they have the authority to ponsid~r citations when applications for renewal of liquor licenses are renewed. John Scherer will be contåcted regarding parameters that could be established in renewing the license. Ehlert questioned if the City has been notifYing the liquor establishments when citations have been issued. Loso stated that he did see the letters that were sent and it appears as though that form of notification has not been effective. Hiemenz offered to sign and deliver a letter to each liquor establishment stating the Councils concerns and possible actions ifnot remedied. Twit recommended that Hiemenz confer with the Police Chief and City Attorney before drafting and delivering a letter. Niedenfuer stated she appreciates the enforcement of speed on County Road 75 and encourages the department to keep monitoring the traffic. Loso stated that he continues to receive complaints regarding pedestrian traffic and enforcement. He stated that in St. Paul signs are placed in the middle of the road and is a great mechanism to slow down traffic. Loso also stated that he has received complaints regarding rollerbladers and walkers walking down the road three or four abreast. Twit stated it is his understanding that rollerbladers and bicyclers have the same rights a vehicles because they are on wheels. Will concurred and further stated that since they have wheels they must also follow the same regulations as vehicles. Will stated that he will work on educating the public regarding this matter. EHLERT . Recreation Association: The Recreation Association will be establishing a dedication date for the Millstream concession stand. The Council will be invited to attend the dedication. May 4. 2000 Page 6 01'8 ... , , I i . Flowe s - Minnesota Street: IJudy Memkeen is requesting the City authorize funds to purchase flowers for the beautification of Minnesota Street. Loso stated thatthis item should be apart of the Park Board budget each year as it is considered a park area and the planting of. flowers. enhances Minnesota Street. I The C uncilconcurred and tl;1e flowers will be expended from the Park Development budget. i I LOSO i I , Subsidiary Committees: Los'o stated that in his opinion many of the advisory groups to the City Council do not Iknow their role. Lose) stated this was further evidenced by the joint meeting between the City Councp a.nd Planning comMis.sion. Loso is requesting that the func.tion and mission statement of eac.h advis0f,?' BoardlCommissionfbe reviewed and revised. Further, whenever a committee is established the counetl ,hould provide a mission ,tatements and goals., Twit cpncurred.andstated thhtsometimes the Council is unawareofth:>i~'~wtJ;~¡1o~+~J'~!tookPl¡~~;before a recow~endatlOn was mad~ and therefore ~ay no~ ac!~. a,x~IÎ0m~~~'âatlOn"'j!The7.~.fore ~he~o,~d or Com~ysslOn sees the Counc,l as not sUPPPI"t,~rgf!~~,'0'!1Iëc~~lOn,,¡1iiTwI~:II,¡;;tated that the1~\lanmng!;T~ Com~~tission is a good e~a~!~le. Mã~j~t~me&lhe ,jommlnd,lp'ns.~4~ in writing. a~lithey a~~~i*~i,~r as to why ~h¡;: recom~end~!~ti~I~I1i~ madrl4 Althoug'¡~e qpmm~II?n~'fes have a hal~!;p, theli'ounci'Bt. . if¡ ........' agree4"It wou.ld!~rehe~)llull~~'imb1~;ofth¡f Pla~~~'~1i\'om1If;~slo'Jould be prese.Jto a1J1w¡;:r qU'~y')pn~I,¡';¡i! 0.; ',' regcatt<i~bg theIr ttécomtlendatIon:s" n'~ " .!!mm!""<!0!' "<"1111\ P ii,\, ¡I'!i!l!&%1 t~:'~ERl e II t- j t '\~>,. ~ ~ ~ I . "1. ...·"'·'I"!! . .Ii,1 j .¡;i0',\I!¡f¡!!:iii . ..!.... . ~ealth.r ~on;~~ritV.~~rtner~h~ijí Ni1Î:r~uer rYP!Ó~~d that Sunday, May 7, 2000 is Frulingsfest Two WhIC~!~S In h~.ljr of t1~!fa~~rs. Tb,eilmtIre councIl IS encouraged to attend ;:';: Ir!i ":\~irj'j' <%t~1~lii\1:Y1;;Fif ,'Farm~~s Market!! The firstF;armersMarket will open on May 12,2000 at 3:00 p.m. in the Del-Win ":: _.::::~<!::'\':;:-:'_:Y': I park:írrgÌot. Many activities have been added for children making the opening more festive. Richard Bresnjl~han will be present tq help children make pottery. i i Clerk/Administrator Reports Spee Limits Signs - Comdost Area: The eompo't attendants haye requested the City po,t the 'peed limit ~t 10 mph. The requeSt IS for the safety of the attendants and the residents as well. Loso made a moti~n to reduce the speed ;limit to 10 mph in the compost/frisbee golf area for safety purposes; the motian was seconded by Elrlert and passed unanimously. LioJ - Tree Maintenance, Minnesota Street: Public Works Director Dick Taufen reported that the. St. Jose9h Lions Club has offe.·. ~.ed to purchase and ins. tall wood chips aro. und the trees on Minnesota Street. This jssue becomes whethe~ or not the City wishes to maintain the area with the wood chips. While the woo~ chips would hold the ,moisture in the area, there is also the risk that they could be scattered around the sirewalk. Losomade almotion to accept the donation of the woodchips from the St. Joseph Lions and aintain the tree areaias needed,' the motion was seconded by Niedenfuer and passed unanimously. I I Miscellaneous and Announcement Items . Meet1ing Grounds ComplaiAt: The City has received a complaint regarding the odor produced by th roasting of coffee beans. Tihe City Office is working on this matter. i May 4 2000 Page 7 of 8 ..... Yard Maintenance: Councilors questioned the enforcement of the Junk Car Ordinance and Refuse · Ordinance regarding unsightly yards. Will stated Councilors may contact him regarding specific properties and he will issue the necessary correspondence. Police Chief Meeting: The Council discussed the possibility of meeting with the Police Chief as a Council to discuss department goals and policies. The Council agreed to meet on May 11 at 7:30 a.m. to 9:00 a.m. at the Meeting Grounds to discuss such matters. Adjourn: Loso made a motion to adjourn at 10:15 pm; seconded by Niedenfuer and passed unanimously. · · May 4, 2000 Page 8 of 8 ....', · V RajkoWski 11 Seventh Avenue North . t!T~~~~~~~I Ltd. P.O. 80x 1433 St. Cloud. MN 56302-1433 May 8, 2000 320-251-1055 Toll Free 800-445-9617 Ms. Cari Schmidt Fax 320-251-5896 City Administrator City of St. Joseph P.O. Box 668 rajhan@cloudnet.com St. Joseph, MN 56374 Re: Street Vacation Matter Our File No. 20390 Dear Cari: I have revised the documents prepared with regard to the Krebsbach vacation as per the . request of Krebsbach's attorney. Would you please take an opportunity to review these documents before I send them to Krebsbachs and their attorney. Would you also pass a copy to Dick for his review? I am sending a copy of this and the documents to Joe Bettendorf for his comments. There is no change to the Notice of Completion of Vacation Proceeding. With regard to Frank J. Rajkowski .. the Resolution, I have added language to Section 2b adding the words "or improvements". This will allow us to tear up asphalt or landscaping as necessary. It Gordon H. Hansmeier does not only limit our protection only to destruction of the garbage storage unit. I have Frederick L. Grunke also added section 2c which authorizes th~ Mayor and City Clerk to execute a Quit Claim nlCíì1aS G. Jovanovich· Deed, deeding the City's interest in the vacated street to the adjacent property owners, subject to the easements which we have reserved. Krebsbachs and Mike Duetz can H. S(ller(': It prepare the Quit Claim Deed if they so desire. ¡\ Kevin F. Gr-ay With regard to the agreement, I have changed the identity of Triple K Partnership in the first sentence, identifying it as a "limited liability" partnership. \Niili.::Hìi J. Clsnman W.~obaJVdno The second "WHEREAS" clause has language adding Lot 2 and Lot 1, excepting westerly 12 feet thereof, to the property owned by Krebsbachs. I have added the word "reasonably" at the beginning of Section 2. ., PJtr:ck j, :__1f"f(in Finally, I have also added the language "or other improvements" to Section 2 and deleted .Po Farrell the final seven, words of that section as had been contained in the first draft. I ,,,'" , ~ j'''~'' '''0 ''"I'' 00 ,"00,",,,,, '" 'om",'" '" "m~œ ," NOrt' "'0'- ''''''M N. N,mm,,,, ,,, Nort, "',," ,,'" 00"00""" ''"' A ~"o,",' ¡" 00,"""",, '"0 00'"'' , ',,"'000 ,,,<0,,,,, "'0" "Member of American Board of Tnal Advocates. "Qualified ADR Neutral. ~ :\-.., Ms. Cari Schmidt . May 8, 2000 Page 2 Let me know if there are any problems with these changes. If not, I will have copies faxed to Krebsbachs and their attorney. Very truly yours, SMEIER LTD. JHS/kjp Enclosure . . ( . . RESOLUTION APPROVING THE VACATION OF A PORTION OF CEDAR STREET I I I The City Council fofthe City of St. Joseph HEREBY RESOLVES: 1. That the pOl-tion of Cedar Street described in attached Exhibit "A" is hereby vacated. I ¡ , 2. Thatthe va~ation is subject to the following conditions: . I a) That! the City shalhetain a public easement for the construction, service and maintenance of public and private utilities over, under and across the vaca~ed portion of Cedar Street, except that portion described in attached Exh~bit "B". ¡ b) In the event a private or public entity maintaining utility services within the ease'ment reserved in the vacated area of Cedar Street needs to perform excavation or other service which requires or results in the destruction or rembval of any structures or improvements placed··in the vacated area,. the , perspn or entity owning or controlling the structure shall have no recourse for their removal or destruction. I I . I c) ThelMayor and City Clerk are authorized to execute a Quit Claim Deed designing any City interest in the vacated property to the adjacent property owqers, subjectto the easements herein reserved. , , This Resolution is based on the following findings: i , 1. This matte~came before the City Council on a Petition of abutting landowners pursuant tdMinn. Stat. § 412.851. 2. That it appiars in the best interest of the public that the vacation occur. Adopted by the St.! Joseph City Council the _day of April, 2000. Those voting in favor were : .~~ oppo ed were i I I CITY OF ST. JOSEPH I , 1 By ! Mayor . By Clerk N:\city tjoe\2000 , . r:; ~.:<: ¡I~ ;~ ,~ ,.~~ ~d'.., ~..,,,,~_., ~ J ' "\å, &JhJ~i ': - "A" ", ._~ -.,'- . -._- ". .~... , ComJ11endng at the northeast corner of Lot 7, Block 21, Peter Loso'sAddition to the City of St. . JDseph, Stearns County" Minnesota; thence southerly along the easterly tine of said Lot 7, a d~.stance l1f150,OO feet to the northerly right-of-way of StearnSCoullty State Aid Highway 75 (CSAH75) pnor to its 2000 rum-back to the City of St. Josep~ which is the point ofbeginnìng of the parce!.m b~ described; thence continuing southerJy along an extension of said east line, a distance of 15 .QQ. feet; thence: westerly along a line parallel to and 15.00 feet south of said northerly right-Qf-way ljn~. a distance of 365.50 feet; thence deflect right 45 degrees for a. distance of21.21 feet, more or tess. to said northerly right-of-way line; thence easterly along said northerly right-of-way line. adistancí:' of 380.50 feet, more or Jess, to th~ point of beginning and there terminating, Said tra.ct containing 0.03 acres. more or less, and subject to a drainage and utility easement over the entire parcel, except the following portion: . . " - it..--.. J . , , ! J I , E"0I"r" f'1,.,,--....,.,.......,.., : ::'.ð~¡j\J~d J ¡ ~ "13" --- '. ,.,~..¡> -.'-"- r'-.--..., ~A\,.;C;µL , I i . i , Cornmencing a~lthe northeast corner of Lot 4, Block21. Peter Loso's Addition to the City of St. Joseph, St~arns County, Minnesota; thence southerly along the easterly line of said Lot 4, a distance o~ 150.00 fe.et to the northerly right-of·way of Steams County State Aid Highway 75 (C~AH 75) prior to its 2000 turn-back to the City ofSt. Joseph, which is the point ofbeginnîµg of the easement exception to be described~ thencecontinuil1g southerly a.long an extension of said east line. a distance of 5.00 feet; thence westerly along a lil1<: parall€l to and 5.00 feet south of said northerly right-of-way line,a distance of25.00 feet. more ore less; ~hence northerly along a line parallel to the easterly Ene of said Lot 4, a distance of 5 .oq feet, more or less, to the northerly right·QfMway line; thenc:e ea.stedy atol"¡g said northerly right-Qf-way lh1e, a distance of 25 .00 . feet, more or less, 1Ö the point of I be!!Ìnning and there tenninating. ~, ... I . ! , , , i I i i I ! i ! i i . I i , , . AGREEMENT This Agreement is entered this _ day of , 2000, by and between the City of St. Joseph, a Minnesota political subdivision (hereinafter "City"); and Triple K Partnership, a Minnesota Limited Liability partnership (hereinafter "Krebsbach"). WHEREAS, the City Council of the City of St. Joseph has approved the vacation of a portion of . Cedar Street legally described in attached Exhibit "A"; WHEREAS, Krebsbach owns the property adjacent to a portion of the vacated area of Cedar Street, which is described as Lots 2, 3 and 4, and Lot 1 (except the westerly 12 feet thereof), add in Block 21 ofLoso's 3rd Addition. WHEREAS, as a condition of vacation, the City of St. Joseph has retained an easement for the construction, maintenance and service of public and private utilities within the area described in Exhibit "A", except for the area described in attached Exhibit "B"; WHEREAS, it is the intent of Krebsbach to construct a structure which will be partially located within the area described in attached Exhibit "B", which structure will be for the purpose of enclosing trash containers (hereinafter the "Structure"); and WHEREAS, as a condition of vacation, the City has required Krebsbach to permit the removal of the Structure if necessary to facilitate the utility work within the area described in Exhibit "A". NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1 Krebsbach shall be permitted to construct a trash enclosure within the area described in attached Exhibit "B". 2. In the event it becomes reasonably necessary forthe City of St. Joseph, or any other public . or private entity maintaining or wishing to install utilities within the area described·in attached.Exhibit "A" . to remove i , r destroy the· Structure or other improvements to facilitate the work, the Structure or other 1 improveme ts may be removed or destroyed as necessary, and Krebsbach waives any claim for damage or loss. I , , i , 3. Krebsbach agree~ to indemnify and hold harmless the City of St. Joseph for any claims of third partie arising because of the construction or maintenance of the Structure by Krebsbach. 4.l This Agreement ~ha1l be binding upon and inure to the benefit ofthe successor's heir, and assigns oft e parties hereto. ¡ i , i ! CITY OF ST. JOSEPH i I I By Kenneth Hiemenz, Mayor By Cari Schmidt, Clerk Administrator . TRIPLE K PARTNERSHIP, ¡ a Minnesota Limited Liability Partnership By Its i I , , , I By i , Its I i , i I STATE 1F MINNESOTA ~ )SS. COUNT OF STEARNS ~ i , On this _ d~y of , 2000, to me known to be Kenneth Hiemenz, Mayor, and Cari $chmidt, Clerk Admipistrator, for the City of St. Joseph and who executed the foregoing instrume ~, and acknowledged that they executed the same as their free act and deed. i i I , I i . rotary Public i I i i I I I STATE OF MINNESOTA ) . )SS. COUNTYOF STEARNS ) On this _ day of , 2000, to me known to be Kenneth Hiemenz, Mayor, and Cari Schmidt, Clerk, for the City of St. Joseph and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public TillS INSTRUMENT WAS DRAFTED BY: John H. Scherer- 13076X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 n:\citylstjoe\2000 . . J , " . NOTICE OF COMPLETION OR VACATION PROC¡EEDING BY THE CITY OF ST. JOSEPH ¡ I No ice is hereby given: ! . 1 Th t pursuant toMinndsota Statute Section §412.85, The City of St. Joseph has vacated that I portion of Cedar Streetdescrib:ed in Exhibit "A" attached hereto. That the Resolution of vacation SpeCifiCallJ retained a public edsement for construction, service, and maintenance of pub)ic and private utilities ov~r, under and across Ithe vacated portion of Cedar Street, except that area described in attached Exhibit "Br'. The vacation wa1 approved by Re,olution of the City Council on April , 2000. Dated this day of ,2000. - I . .~ ~:' , 1 i CITY OF ST JOSEPH I i , i ¡ By Kenneth Hiemenz, Mayor i I ..f. I By i 1 Cari Schmidt, Clerk Administrator I ! . i i , , ¡ I i f I i . . . . . I ~'--SEH 1,200 25th Avenue South, P.O. Box 1717, S1. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX 4rchitecture . engineering . environmental . transportation i . i I i ! May 10, 2000 I RE: St. Joseph. Minnesota I New Housing Drainage Problems , SEH No. A-STJOE 0001.00 14 , 'i" i i Honorabl Mayor and City Cquncil c/o Cari chri1idt i Clerk! Ad inistrator I 1 City of S . Joseph 21 NW F rst Avenue i P.O. Box 668 I I St. ¡osept MN 56374-0668 , Dear Marr and Members ofihe Council: i Spring is here and once again it appears we have problems with improper lot grading where new houses ar being built. We are also [mding that many new homeowners do not know where their lot corners re,and are not aw~re of easements and protective covenants on their property. Despite . efforts of the Mayor, Dick T~ufen, Ron Euteneuer and me to put procedures into place to prevent these thÌ1jlgs from happening,!some realtors and homebuilders don't want to cooperate. Once the lot is sold, te Developer and Realtor are out of the picture, and the Builder takes over. The Builder or his subc ntractor often landsfapes the lot with little regard to the impact of their work on adjacent properties. Once they're gone, the homeowner is left to fend for himself and100ks to the City for relief. I I I i I would ike to suggest a pr06edure we are using in Rogers, MN that is making a huge difference in eliminaTg these kinds Ofissres. The process goes like this (survey forms are enclosed): A. No ~uilding permits are issued until the site grading for the development phase has been comreted and approved. B. Wh.¡e the site grading ~as been completed, the Developer has a Registered Land Surveyor ven% that sIte gradmg¡ has been completed accordmg to the approved sIte gradmg plan sub ' itted with the preliminary plat documents. Elevations are taken on all lot corners, all bui11ing pads, and on drainage breaks, ponding sites, ditches, and swayles. The Developer sUbTits a copy of the approved grading plan showing the "as-built" elevations. This information is creked by the City. If everything matches the original grading plan, the as-built grading plan bec mes the approved IDevelopment Plan. The Developer has now met his site grading reqrements and buildÜig permits can be issued, I I C. The Builder now entersl the picture: Before the Builder is given a building permit, he must . sub. it, from a Register~d Land Surveyor, a Certificate of Survey showing proposed elevations for llot corners, the build~ng pad, and side and rear lot lines; these elevations must agree with the apprved Development "Ian. Drainage arrows are provided, showing how the lot is to drain. Short Elliott Hendrickson .Inc. . r Offices located throughout the Upper Midwest . Equal Opportunity Employer VVe help you plan, design, and achieve. " v Honorable Mayor and City Council May 10, 2000 Page 2 . Also shown, are proposed elevations for grade at the front and rear, and at the lookout/walkout levels of the house being built. Finally, the certificate must show all easements and setbacks for the house being built. When this Certificate has been checked and approved by the City, a building permit can be issued. D. When the house has been completed and the lot restored to final grade, but before it is sodded or seeded, the Builder's Surveyor provides an "as-built" Certificate of Survey documenting the final in-place elevations and setbacks. If these elevations agree with the proposed grades, and if the setbacks are okay, the lot can be sodded or seeded and a Certificate of Occupancy issued. For winter conditions, where the house is ready but the final landscaping cannot be completed until spring, an escrow is deposited with the City until the final grading can be checked out. We found that both Developers and Builders resisted the extra paperwork and cost involved with this process until they tried it. Now they like it. The Developer knows he's off the hook once his development plan has been approved, the Builder knows he is getting a properly graded site before he starts, and that his site is approved when he is done. It doesn't take much repair work to generate costs far in excess of the extra survey work involved. I believe this process protects the Developer, the Builder, and the Homeowner. The City will have more review time, but we are spending that time now trying to referee conflicts due. to improper . grading and landscaping. Finally, I believe we need .to get a signed statement from the property owner that he has been shown his property comers, and is aware of easements and covenants on the property. Please let me know if you wish to proceed with this process. Thank you. Sincerely, Short Elliott Hendrickson Inc. Josep R. Bett~ ngmeer Enclosures djg c: Cari Schmidt, City of St. Joseph (w/enclosure) Dick Taufen, City ofS1. Joseph (w/enclosure) Ron Euteneuer, Building Inspector (w/enclosure) John Scherer, City Attorney (w/enclosure) \ v's tiúe\COI'r\m \'05 à-:UO- L. doc . I z 'SLJ~VEY 0 0 . í CCDMPANY NAME >- w > a:: · I ~ .:( ! ' xx.x .... XXX. X d...·~.... 50' ---'-', ..··..·;50'....·....! XXX. X w a " ~~··-··_··-·_"~:·-.._··-··-·p~Õ;Ë~~;·-~·1~Ë-··-·__··_·- -··-··-··-·---·"tQ:Xi·]> V1 a ,!I \. .-." !. - ,- .... V1 ,: il r---\--------------- ""'---ì i ,: " o:¡ \ \ I ! 0 0:: w lOt I , '. , ,,' , I !IO 0 ~·!.1-25", \---25.., _"'25--, ·-25·'1'!' ~ 0 XX.X :t I-G~ \'1- iY -ø - I 1": XX. 0:: " .t, \.-- ~!, .. : ì: +"Ì-' \ I-+'F ++. ~ I! : 0 0: 1 ' \ -:t:. cc.l :' ~,! I'~ .... I !,~ XX. ~ I \ ~ \ XXX:X \ ~ I t XX. X !' \'0· .! . wi,l \ ~ I'iw ~ j' I \ . I' ¡ Z .J I: I WALKOUT I : ! :; >- L' I I,' i >- ,"";01 loi.... 0:: ¡ 10 I I 10 ¡ 0:: ~! : I PROPOSED I : ¡ ~ 01' \'10 a::;I' SETBACK HOUSE I " ¡ a:: a.. I / . a. j I. .. Ii· I I ,j ~,-.f I SEIT t~ n I " j! I xxx X --:r BA K¡', ." I "! I ,. ,'I \ ~ it 1\: o· 0" 10: I )¿.J I 10 ,j! I U <J) I : 10 .] I \, ri3 ~ I !: · :il 'WATER SHUT-OFF''''' ( !. .! I 7- wI!' , i ,,<J) , i . ': L________ _____ _ ______ _J :' '. I , ¡,: MAXIMUM :; XXX. X'.! 0 !,XXX. X , ~.--.._..-..-..-..-..-..-..-..-..-..-..-..-..-..-..- WID TH -.--..+.-- ~ PROPERTY LINE T R ~ ! H U ROW + + +. -\-. -\--\- ++ ) PROPOSED HOUSE ELEVATIONS LEGEND TOP OF FOOTING E~EVATION: XXX.X XXX. X DENOTES EXISTING ELEVATION I ~ DENOTES PROPOSED ELEVATION LOWEST FLOORELEYATION: XXX. X TOP OF BLOCK ELEVATION: XXX.X ----.. DENOTES EASEMENT i GARAGE SLAB ELEVATION: XXX. X '" DENOTES DRAINAGE FLOW DIRECTION 1 TOB @ REAR ELEVATION: XXX. X . DENOTES MONUMENT I i + DENOTES SPOT ELEVATION LOT, BLOCK ,I PLAT NAME C [JO€ SCALE: 1 INCH ~ XX FEET I BENCH: TNH LOT X &LOT Y , BENCH ELEV: XXX.X L.S. Reg No. XXXXX i · ¡ SAMPLE CERTIFICATE OF SURVEY* i I CROSS DRAINAGE IN REAR YARD I , ROGERS. MINNESOTA i , ¡ SURVEY 1 OTY Of' ROGERS ¡ - *NOTE: THIS ISA SAMPLEI CERTIF ICATE OF SURVEY AND SHOWS THE MINUMUM INFORMATION REOUIRED. ADDITI9NAL INFORMAT10N 1AY BE REOUIRED TO OBTAIN A BUILDING PERMIT. z (;) 0 N SURVEY COMPANY NAME . , >- w > a:::' ::J If') "- ...J - ~ <{ I- W XXX.X ~.___...... 50'·....·.. .---·..·50'--..-..__, XXX.X 0 "- ~f"------"-'<\~'P'ROPERï--ÿ-'LÏÑt--- ..-......-..-..-.....-..------..---..j::<KX X .]> If') 0 · 1 " . , l- · ¡ r---~--------- --------.;..-l ¡: If') "- öj I \ ¡;!.' I 10 a:::' 1J1' I " + . _. 50 . - - . . I ! IJ1 W (;) :¡ I ...,. ..' ........ fi}..... I ¡: 0 a:: ': I ' \ .... . 50' I :, ...... '! ~. 50 w'. :>G: ++. . J !. .. (;) '!ï ..J\ U "" ("!' 'i' / ~\ <t: 'if .:. I 1-""\ CD I .,. ~f : ~\ \ XXX.X ~ I : t~X:P " I 4.' @:]) I . i ~'XX i ' ¡ I 0'.' . 1 ¡ : I I : , Il' LOOKOUT I ¡ ~¡ I , ¡i ò i I I i IJ1 ¡ I PROPOSED: ! I I ¡ SE TBACK HOUSE I ¡ . " ¡ I !: ~,' II.~ XX. .f SEtr t. xx. · I , i @ w¡ BA,"I· ! XXX. a.. I ¡ , . i~ 0 i 0: :>G:.J I . 1J1¡ U If') '¡¡ò ~ ;;:3~. 1~1J1 ¡ WATER SHUT-OFF I- I ! ¡ 7- ~ 'i '.1 L________ ----- - "M;;IMüM- _.J ! ' xxx. x,: . LXxx. X ....-..-..-......-..-..-......-..-..-......---..-........ WID T H ....-.....-. ~ PROPERTY LINE ~ THRU ROW + + +. +. ++ ++ PROPOSED HOUSE ElEVA~IONS LEGEND TOP OF FOOTING ELEVATION xxxctx xXX.X DENOTES EXISTING ELEVATION LOWEST FLOOR ELEVATION: xxx. X ~ DENOTES PROPOSED ELEVATION TOP OF BLOCK ELEVATION: xxx. X ----- DENOTES EASEMENT GARAGE SLAB ELEVATION: xxx. X 'E DENOTES DRAINAGE.FLOWD1RECT10N TOB @ REAR ELEVATION: XXX. X . DENOTES MONUMENT + DENOTES SPOT ELEVATION LOT, BLOCK, PLAT NAME C [JOO SCALE: 1 INCH ~ XX FEET BENCH: TNH LOT X & LOT Y BENCH ELEV: XXX.X L.S. Reg No. XXXXX SAMPLECERT! FIcATE OF SLJRv~t REAR TO FRONT DRAINA ROGERS, M INNESOTM CITY OF' ROGERS SURVEY - 2 *NOTE: THIS IS A SAMPLE CERTIFICATE OF SURVEY AND SHOWS THE MINUMUM INFORMATION REQUIRED. ADDITIONAL INFORMATION MAY BE REQUIRED TO OBTAIN A BUILDING PERMIT. Z l:> 0 COMPANY . 6-~SURVEY NAME > ! a: ::J . I ~ 1 xx.x ¡- XXX.Xi!_----.,.-. 50' ....... .---..·-50'-..·~.-_ 1 XXX.X W 0 ....... . @».,f··-··-··-"-~~:-··-"-··-·PRÕ·PERT~·-CÏ~Ë-'·-··-··-"- ._.._._.._.._.._..¡:~ I/') 0 .' ,!" ' I , I- !I: ' : . I/') ,:11 r---\--------------- ----ì ! " ....... ql I \ I ! 0 a: W 10;1 I " I ! 10 l:> .!I I \ , . 0 .! ¡ " u.1 I ¡. a: ,! ¡ I " .J I :. ....... '.: I ,...... :>0::: I! . .. :! I \¡-- u!' l:> ~ i \ <t Ii' '¡ I " -þ CD I:' ~"I ,...... I- I!'~ xx. ,-i: ( \~ 1 xxx x 1 ~ I t xx. I!. '0· .! w.j.1 '~ I.¡w 3 ¡' I ". I' ¡ Z --11: 1 WALKOUT 1 : ¡ :; ' I 1, j >¡:' 1 I" : >- I-!O O!I- a: jlO 1 IlOj a: ~ ¡ : I PROPOSED 1 ; ! ~ 01' \ 1"0 gf ¡. SETBACK HOUSE 1 '. ¡ a: . i. I . ¡Q. ~¡'I \,! XX. . of I SEIT T~ ; ,'! I :\ ;: i : XXX. X ¡ BA I K i ., ~! I /:g~X~.~ ~ I!,: lOt I .:>0::: S I ! 0 .! U I/') I ! 10 ..' 1 <t I " . i: ¡ IWATER SHUT-OFF g: ~ I ¡: ,., I 7- w II' ! '! L________ _____ ~ ______ _.J !: J', I ! 'j MAXIMUM ¡: XXX. X',' o. . :,XXX.X , ....-..-..-..-..-..-..-..-..-..-......-..-..-......-.... WID T H -..-....... ~ PROPERTY LINE ~ , THRU ROW ! I ~ + , I +. +. I ++ ++ PROPOSED HOUSE ELEVATIONS LEGEND TOP OF FOOTING ELEVATION: XXX. X XXX. X DENOTES EXISTING ELEVATION , ~ LOWEST FLOOR EL~VATION: XXX. X DENOTES PROPOSED ELEVATION TOP OF BLOCK ELEVATION: XXX.X ----... DENOTES EASEMENT GARAGE SLAB ELE~ATION: XXX.X oC: DENOTES DRAINAGE FLOW DIRECTION ! TOB @ REAR ELEVATION: XXX. X . DENOTES MONUMENT I DENOTES SPOT ELEVATION BLOCK I, PLAT + LOT, NAME [ Doe I SCALE: 1 INCH f XX FEET BENCH: TNH LOT]X & LOT Y BENCH ELEV: XXX. X L.S. Reg No. XXX XX ¡ i I SURVEY* . SAMPLE CERTIFICATE OF BUILDING AS HIGH POINT ROGERS, MINNESOTA OTY or ROGERS ! ~ SURVE Y - 3 *NOTE: THIS IS A SAMPL~ CERTI ICATE OF SURVEY AND SHOWS THE MINUMUM INFORMATION REQUIRED. ADDITI NAL INFORMATION MA BE REQUIRED TO OBTAIN A BUILDING PERMIT. I ; ",,'. - ... . . . -. - . '~ CITY OF ST. JOSEPH :1 PirstAvenue NW '.0. Box 668, 51. Joseph, MN 56374 )20) 363-7201 i , ~ax: 363-0342 i I i . , , ST.]OSEPH EDA MEMORANDUM MAYOR · . I : ... ... ...... .. .. ., [ · .. ··..··\l Kenneth 1. Hiemenz T<l CITY COUNCIL . 1\ ' CHADA ~N,EDADIRECIDR\ :)t ... FJOM: ! \. CU;RK! S /BJECT: , v BUETINER I)EVELOPMENT AGREEMENT PROPOSED AMENDMENT I I ADMINISTRATOR DtTE: 05/12/00 , ¡ Cari Schmidt I c: LEO BUETINER COUNCILORS Bob Loso Mr.. Leo, Buettner approached the EDA office May glhto discus.s Section 3.11 of the Buettner if" ,it B~siness Park Develop'ment Agreement. <Mr. Buettner is. concerned with the June 1, 2000 M Niedenfuer d adlìne for relocatingitrees in the business park and paying off the balance of the Park D~dication fee to the City. . Mr. Buettner's inten~ion was to relocate a majority of the trees in the business park along t~e new County Road #133 to assist inthe developing a greenway along the road corridor. U¡nfortunately, the Cou~ty Road #133 hasn't progressed in the a timely fashion as anticipated last year when the dev~loper's agreement was. drafted. . Mr.. Buettner is reluctant to transplant t~e trees at this time. due to the pending construction in the business park. I Therefore, Mr. Bue~ner isrequestingthatthe City of St.Joseph consider extending the time dpration from June 1, ~OOOto December 1 , 2000. Mr. Bu~tter assured me thatthis would give hjim enough time. to relpcatethe trees. this fall after the construction of County Road #133 is complete. I ~·...I h:e attaShedacjopxof Sectio~MJforYou, revi"", Ilyou have a~yquestions prio, tOQ t ~. City Council meetin,g contact me as soon as possible. Thank you. I , I I I I I I I . ! i ¡ I I I .:) , '" , I ¡ , I 39 The Developþr shall comply with any erosion controll11ethod ordered by the City . for the prevetition of damage to adjacent property and the control of surface water runoff. As tþe development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to! retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Developer, or its successor in title, shall comply with the erosion control plans and with any such additional I instruction i~ receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the. work in that are~. Seed shall be rye grass or other fast growing ·seed to .,provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time I is of the essence in controlling erosion. i 3.10 This Agreement shall remain in effect until such time as Developer shall have fully performed ~ll of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council findingtha~the Developer has fully complied with all the terms of this Agreement and finding that the Developer has cOmPleted performance of allDeveloper's duties mandated þythisAgreement, the City shall issue tqthe Developer on behalf of the City an appropriate certificate of compliance. ! , . 3.11 The Developer shall contribute $9,306.00 to the City Park Fund inJieu of a dedicatio~ of land for parks, with payment to be made on or before June 1, 2000. As an alt~mative to cash payment, the Developer may relocate trees located on the Property to parks or other locations approved by the City. The Developer shall receive ¿ credit to be. applied against the Park Contribution . in the amount of Develop¿r's actual out-of-pocket expenses incurred prior to June 1, 2000 for the relocatioh of trees. , , , 3.12 The City shall not issue certificates of occupancy for any building within the Subdivisionuntilthe.building has been connected to sanitary sewer and water and , thestree~sin the Subdivision have been constructed to the point of having a gravel base. The granting of a certificate ()foccupancy by the City shall not be deemed a waiver Ófany of the City's rights under this Agreement I ! 3 . 13 Except ,for costs . included in.. special assessments '. for Plan A· Improvements, the Developer shall reimburse the City for all future costs incurred by the City in connection with enforcement of this Agreement and its. performance by the Developer. Such reimbursement shall be made within. 20 days of the date qfmailing the City's notice of costs. Ifsuchreimbursement is not made, the. City may assess the cost against any lot within the Subdivision owned by Owner. I 1 . Thts Agreementshall b~ binding on the successors and assigns, . heirs, and personal representatives of the parties. i 5 , " I - . EXTRA'CT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA , HELD: , 2000 , , 1 , i i Pursuant I to due call and notice thereof, a regular meet"ng of the Cit~ Council of the City of St. Joseph, Minnesota was duly held at the City Hall in said City on the ___ day of , 2000 at L- o'clock _.M. i The follpwing members were present: I i I , and he following ~ere absent: /' Member introduced the following resolution and mo~ed its adoption: 1 I ¡ 1 RESOLUTION AUTHORIZING . THE EXECUTION AND DELIVERY OF A GROUND ~EASE AGREEMENT AND LEASE WITH OPTION TO PURCHASE AGREEMENT AND ALLOCATING SMALL ISSUER i REBATE EXCEPTION AUTHORITY , i The motlon for the adoption of the foregoing resolution was uly secondedlbY member , and upon vote being take thereon the following voted in favor thereof: and the followinglvoted against the same: ! i i i I whe eupon said retolution was declared duly passed ,and adopted. I ¡ , f . 1139542.1 . ~ RESOLUTION AUTHORIZING ~ THE EXECUTION AND DELIVERY OF A GROUND LEASE AGREEMENT AND LEASE WITH OPTION TO puRCHASE AGREEMENT AND ALLOCATING SMALL ISSUER REBATE EXCEPTION AUTHORITY ! I A. WHEREAS, unless an exception is available, bonds which are tax-exempt. are subject to the federal arbitrage reguiItement of rebat.ingearnings in excess of the bond yield on certa;I¡.n investmentsf and i . , B. WHEREAS, ordinarily bonds are subject to rebate if issue by a governmental unit that lacks general taxing powers, such as the St. Joseph Economic Development Authority, Minnesota (the 'Authority"); and I C. WHEREAS, if the Authority issues bonds on behalf ofa overnmental ullitwith general taxing powers, such as the City f St. Joseph,! Minnesota (the "City"), it will be treated as havin general taxip.g powers if the bonds do not exceed the lesser of $5,000,00,0 or such amount of the $5,000,000 small issuer limitation a:s a governmental unit with general taxing powers may allocate: to the Authority¡ and i .. D. WHEJEAS, the City is a governmental unit with gener 1 taxing pow~rs; and i i NOW, THEREFORE, BE IT RESOLVED by the Council of the City of St. Joseph,! Minnesota, as follows: I 1. AuthÓrity. The City is authorized pursuant to Minnebota Statutes, Section 465.71, to enter into a Lease With Optio to Purchase Agreement with the Authority to construct a municipal building in the City (the "Proje~t"). 2. Auth6rization of Bonds; Documents Presented. The Bonds of 2000 (City of St. Joseph Lease With Option to Purchase proj~ct) (th. e "Bond.. s") pa.yable f.rom .r.enta.l. payments t.o be made unde~1 the Lease. Forms of the following documents relating to the Bonds and the Project have been submitted to the City Council and re now on file in the office of the Clerk-Administrator- Trea urer: I I i (a)¡ a Ground Lease Agreement dated as of June 1, 2000 (the "Ground Lease") executed by the City pursuant , I . I ! i 113954 .1 , I ¡ to which the City leases the premises on which the Project i~ to be constructed to the Authority; ¡ , (b)¡ a Lease With Option to Purchase Agreement dated as of June 1, 2000 (the "Lease"), between the Authority! and the City which, among other things, provides 'for the construction and installation of the Proj ect alnd pursuant to which the City is required to pay renta;l payments sufficient to pay the principal and interest on the Bonds when due; and , ¡ (c) I a Revenue Bond Resolution to be adopted by the Authority (the "Resolution"), setting forth the form and ¡details of the Bonds and their issuance, and pledging :the rental payments derived from the Lease to i the payme;rnt of the Bonds. I 3. Approval and Execution of Ground Lease Aqreement and llease With Option to Purchase Aqreement. The Mayor and the clerfAdministrator-Treasurer are hereby authorized and directed to e ecute, and deliver the Ground Lease and Lease in subs antially the forms on file with the Clerk-Administrator- Trearrer. All ofithe provisions of the Ground Lease and Lease when executed and delivered as authorized herein shall be deemed to b a part of this resolution as fully and to the same extent . as if incorporated! herein and shall be in full force and effect from the date of execution and delivery thereof. , 4. APpr~val of Revenue Bond Resolution. The City hereby approves th~ form of the Resolution and the terms of the Bondt described therein. 5. Auth~rized to Execute. The Mayor and Clerk- Administrator-Treasurer are hereby designated and authorized to act bn behalf of the City to execute the Lease, the Ground Lease or other documentsl relating thereto. [ 6. FurJishinq of Certificates and Proceedings. The Mayo and Clerk-Administrator-Treasurer and other officers of the Cityl are authorize:d and directed to prepare and furnish to the purcraser and Bond Counsel, certified copies of all proceedings and records of th~ City relating to the Bonds, and such other aff~davits and ceIitificates as may be required to show the facts rel ting to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as oth rwise known to them; and all such certified copies, cer ificates and a.ffidavits, including any heretofore furnished, sha 1 constitute tepresentations of the City as to the truth of all statements contained therein. . 7. Modifications to Documents. The approval hereby giv n to the various documents referred to above includes app oval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therfrom and additions thereto as may be necessary and I ' 1139542.1 i 2 , I . . . . · I i . appropriate and app~oved by the City Attorney and the City officÜÜs authorized herein to execute said documents. Said City OffiCirllS are herebi aut1;0rized to ~pprove said changes on b~half of the City. The execut~on of any ~nstrument by the appropr~ate office,r or officers lof the City herein authorized shall be conclu1si ve evidence lof 'the approval of such documents in accordance with the/terms hereof. In the absence of the Mayor or Clerk-iAdministrator~Treasurer, any of the documents authorized by this esolution to be executed may be executed by the Acting Mayor or the ActingiClerk-Administrator-Treasurer respectively. 1 i 8. Finding. The City hereby finds, determines and that (1) the Authority is issuing its Bonds on behalf of the C'ty within thelmeaning of Section 148(f) (4) (C) (iv) of the feder~l Internal Revenue Code of 1986, as amended (the IICodell), (2) t e Authority is therefore treated as a subordinate entity of the Cfty for purposes of such Section, and (3) the aggregate face amoun~ of the Bonds I does not exceed the lesser of $5,000,000 or the aIflount which, when added to the aggregate amount of other issuer. issued by thi= Authority in 2000, is allocated to the Authority in paragraph 9 of this resolution. 9. Allo~ation. The City hereby allocates to the Authority a $960,000 portion of the City's $5,000,000 limitation under I Section 148(f) (4) (C) (i) (IV) of the Code on the aggregate . face ~mountof tax-'exempt b onds(other than private a ctivity bonds, issued by the City during the calendar year 2000. Such alloc tion is made:solely with respect to the Bonds, is irrevpcable and is made before the issuance of the Bonds. Said $960,boo allocatedlto the Authority bears a reasonable relat~onship to the benefits received by the City from the Bonds issue~ by the Authdrity, because the Bonds finance the Project to be located in, lea~ed to, and used by the City. The Authority shalll- accept this allocation by issuing its Bonds and making a statebent in its Nonarbitrage Certificate relating to the Bonds. 10. Agqregation. The City and Authority will be aggregated and treated as one issuer for purposes' of said $5,000,000 limitation, and together will not issue in 2000 more I than $5,000,000 aggregate face amount of all tax-exempt bonds (oth r than privat~ activity bonds) . 11. Severability. If any section, paragraph or prov'sion of this :;:-esolution shall be held to be invalid or unen orceable for ~ny reason, the invalidity 'or unenforceability of S¡Chse ct ~. on, pa. ragraph or provision shall not affect any of the emaining provfsions of this resolution. 12. Heahings. Headings in this resolution are incl'ded for convenience of reference only and are not a part . here f, and shall hot limit or define the meaning of any prov sian hereof. ! 3 f·;'''' ~ . Passed: I 2000. ! i i Mayor i i , I Clerk - Admini,s tra tor - Treasurer ! I ! I i . i ! . 113954 .1 4 ,\" ,).. ~ . , the undersigned, being the duly qualified and acting ClerkAdministratorTTreasurer of the City of St. Joseph, Minne ota, hereby certify that I have carefully compared and attac,ed the foregoing extract of minutes of a meeting of the I , ouncil of sai~ City held , 2000, with the original ! I f on file and: of record in my office and the same is a I true and complete transcript therefrom insofar as the same relatr to the execution of a Ground Lease Agreement and Lease With ption to Purcpase Agreement; and allocating small issuer rebatl exception aJthority for the financing of a municipal bUil+ng for said ¿ity. WITNESS my harid this _ day of May, 2000. Clerk-Administrator-Treasurer / 5 -. ~ ~ ::s ::s -. I I' -. ::> k-r ~ CJ ::s ~ :::> "" ::s ~ ^ ~ ::> $;:L ~$;:L ~ () ~ 00 ~ c: c: ' {S'\ ~ "" ,0 ? () {S'\ & {S'\ I:> "" ~. ~ 1:2: -g õ' {S'\ "" \;:¡)o « . ::s "" "> ~~*~ "" ~ . ::> "" s:!.\;:¡)~~ \;:¡) ~ o ~ "" & ::s '3"" {S'\ ~ ~ ëb' -;-, 0 j{S'\ ct ~ ~. {S'\ ~ x -. "" ~_o::>~ . c: ::s "> -;-, "> 0 ::s 13 ~ 0 ~ Ç) &"> . {S'\ c: ::> \;:¡) -. c: {S'\ "" {S'\ "" "" ~ \;:¡) '~ "" ::> g ~ i:2. ~ ~ . ::s _. \;:¡) s:!. ~ ::s ~. ::s - 0 0 () ~ () ,SS' ::s "> ~ ::s - ^ c: 0 $;:L "> ~ \;:¡) $;:L "" ;;r \j >- -I Z ::s- Sì.. ~ I.\) x 0 Sì.. :s ::¡ C\) C\) ~ C\) . \SI (") \SI 3" C1> () ........... ,.,. (J) (¡\ (¡\ 01 3" ...... Q "'--' c:: !5: '" C1> 3 tt.\ S\.. C1> -.::¡ ~ !>\ '" " . " ~i»" ..1::>, E' ~ a ,g <I) a a~() . .- 01.\.... t)¿ (\\ " .' r~ N ' ~ N <¿) , \.)J ~ a (.), (\\ <..) \Ç) l'- t<) s:: '.1.\.... . '- ~ '. " : , ,'., ~ " ' . , " , , , I " .~. .. ~..,' - 0', .(\) s::~ ~; ~ ~~" , ," . . ::J, 4-=- 1..: !:L . <I) '. , ,(5) : :-') I s:: 4- ' ::> " C) 4- . .- »~u(\\.µ ~ (\')«s...J(,f) Q \S s... x IS) a () ~ <I) ~"a' () s::L s::,' 'LL .- Q S::" .. , I.\.... .- , \s. a:~ :R. '" ~.;..- .µ '<1);.'.' ':S- ..~ ,IS) ~ ~,> Q ~ II:i . ~ , IU . co .µ ~t) E (\'\ s: ~ ~ a ..9 ~""'5;: .~\) !\? =:) s::: II) IS) '- ~ s::: \"G :J t <1)<1)(,).9 IS) ~~...t::. s::~.- IS)..¿ s::: '--E a 3 <I) ð ~ ß.: .9 :J '5 <I) ~ · :> f5 s:: (5) \S)^ ±: ~ ~ E c:() ::J 0 IS) r-" _þ -J Q (,) ~.: ~ C 1.:: U _ II:i ,_ '" w > _, . "- ¡;> ~ ' ¿ '" \:S ~¿(.) :¡:S'(3 »r:!.....20 (.) .... ^' s:: 2: \"G S? U ' :J C s:: (, ~ . .>- S;1I:i~ Ïfi \i)=.1S) .µ -'-' IS)N (\) ::> E (.) .- <C CIU ~ ..s::- 3: (\\ ~ <I) == ::J \S)^ co ~ 15 oð ~ .µ .~ ~ C ~ ç' ~ ....ce.<I)L~ --10 ~\"G I:S'J s;:- -LO -........ 5 6z]~ If 3: c~ <I).3~ I.\....~ · U »è"(.) ~ IS) co \"G ~~ ..s:: x..s:: ~'-" -\I3\13'x:: 1:..s:: ~.µ.µ ')J ~ '" <¿) 0 0 ..s:: \\'S u.. ::2 \"G ._ a .- s:: .µ :>....:: (.) (.) <..) LL I- "-" U 3: ce. 3: (). (\\ m µ () IS) .. ~ 9 ::J 6 0 () ~ vL£9S NW 'qdgso[ '¡S 899 xog 'O'd JO¡UJ¡S!U!WPV Â¡!;) '¡P!WlPS !JU;) , i ! ¡ . i i I , ! il 28, 2000 , Ap I 1 , TO: I Judy Weyrens, Dep. Clerk City of S1. Joseph i ! FjM: R. Thomks Gillaspy Mirineso: Stilte Demographer SUBJECT: 1999 Population and Household Estimates yr April I, 1999 po+ation estimate is 4,576. Y ,urAPrill, 1999 ho~sehold estimate is 1,073. . If :t0u have any questiÛ¡ns or comments about these estimates, please contactthe State Demographic Center, 3pO Centennial Office Building, 658 Cedar Street, S1. Paul, MN 55~55, phone (651) 296-3091. All challenges must be submitted in writing. Please refer to the enclosed sheet fdr details. . I i I I I i 1 I ! , ¡ ! i 1 ¡ I , , i . i I , I I i ~'\ . AGENDA STEARNS COUNTY MUNICIPAL LEAGUE , TUESDAY, MAY 16, 2000 I I 8:00 P.M. I , MELROSE CITY HALL i I ! , ISSUE OATH OF OFFICE - Vince Schaefer, Mayor Rockville a. Chairman Rick Miller, Mayor Waite Park lb. Vice-Chairman JbffThompson, Mayor Paynesville IC' Secretary Rena vyeber, Cold Spring d. Treasurer John Norbeck, Belgrade ! 1. Call To Order -C~airman Rick Miller, Mayor Waite Park a. Roll Call by Sigti In i 2. Approval ofMinut1es - 1/18/00 i , , I 3. Treasurer's Report - John Norbeck, Belgrade I a. Current Checking Account Balance b. Approval of CurientPayables - copies, postage, secretarial duties, etc. , , . 4. Committee Report,~ a. Water Advisory Board - Earl Danzeisen, Cold Spring b. Feedlot Regulat9ry Board - Don Adams, Steams County Environmental Services (Appoint memb~r of Municipal League to Regulatory Board) 5. Old Business 6. New Business a. St. Cloud Publid Library - request for donation to fund Sunday Open Hours - I Allen Rudolph, St. Cloud Library Board of Trustees b. Legislative Upd~te - Area Legislators c; Waite Park Rental Ordinance- Comments from area cities d. Other· I e. Schedule Meetip.gs for 2000. 7. Adjourn I . *City Clerks - Plelse provide copies of agenda/minutes to councilors. Mayors have received their cop~. , í I , I I ¡ I STEARNS COUNTY MUNICIPAL LEAGUE · MEETING MINUTES. January 18, 2000 The regular meeting of the Stearns County League was called to order at 8:00 P.M. by Chairman Vince Schaefer, at the Waite Park City Hall. An attendance log was distributed an at the conclusion of the evening, it was revealed that 21 representatives of member cities were present. Minutes of the October 19, 1999, meeting were presented and with a motion to approve offered by Danzeizen, s/Koerber, the motion was adopted unanimously. TREASURER'S REPORT In the absence of John Norbeck, a faxed report was received and read aloud by the secretary, indicating that $1,158.39 was on hand in the checking account and these cities were paid up in dues for the period expressed: 1999 Pleasant Lake Cold Spring Melrose Sauk Centre · Belgrade Eden Valley Waite Park Rockville St. Joseph 2000 Eden Valley Weber moved to accept the Treaßurer'sreport, s/Wilde, and with no one dissenting, the motion was carried. Bills for services were introduced in this fashion. City of Sauk Centre postage, envelopes, etc. $74.25 Joe Heinen secretarial 25.00 Miller moved to approve the payment of bills, s/IUngsmuth, and by unanimous action, the motion was adopted. COMMITTEE REPORTS ..~¡" The transportation group report was extended by Joe Bettendorf who stated that the State Transportation Improve- ment Funding (STIP) applications for the next fiscal year were due by Janaury 21st at the respective MNDOT regional offices. Transportation Enhancement project requests for the next fiscal year were also due by this date. and he.provided · copies of the application for those who might be interested. Earl Danzeizengave his standing comrnittee.report on the i j i i . Wa er Advisory B6ard's activity.. . In it, <he mentioned the ... fa t that .more lakes would be selected for study in the year 20.JO iO. ., afte..rth.e, C.o.:.r ne.l'l.a n,. LO.. W. er S.p.un k, U.pp e.rs pu.n k..'..S.Ch...O.O l, Pe icanandTwo.~ivers lakes were ~ll addressed for clarity in the year 1999~ Funding for these studies is received fr ¡m the stearns/Environmental Services department budget. OLD BUSINESS! Co1ntYcourtAdm~ni.strator. Ron Longtin was called upon next to a 4dr..ess s eyer. ~l .l·.5S U es .re. hting to th..e court 5Y S.t.e.m, Wl'. th an explanation of the differences in cases handled ,at the sa ellite court at SaukCentre made a primary focus. He did prJsent,a good e~planation of the various city's fine re- co;.J.erYdilema,. 'wpe.na hi.gh fa.ilu.re of..court-ordered vi lators do notlshow up for their cases. Many cities had co plainedthatdudges were too lenient whenimposing.fines andi that merely being placed.on probation did not fairly co+sider the. city's attorney fees but,asLongtinexplained, whrn the need tol impose a bench warrant, added costs for all ar~the result. 1 He also indicated that he need to hire more hi$panic interprietors for the shift in population in Stearns COi111nty is. becomir.g. a problem.. ..some 70% of arraingmen. teases wh reajurytrial is sought, a settlement is reached before . su ha trialbeg!ins he stated. Tht Cityof>Ec\~n!ValJ.$Yl'fèsented tlleirca5efor the need to prfsent more. inp:ut into the county board's continued< hearing prrcess on feedl[ot issues, before an ordinance is enacted. FoJLlowing a lengthy presentation, amotion was introduced by Br:k. dShaw.,. slRingSmu. th, to. have. the. St.earnsc. O.untY.L.e.agUe adbpt this resol1ution, with a written copy to be forwarded tO~Don Adams, Stearns County Environmental Services Di ector:. .1 E ;IT HEREBYI)ESOLVED that: the Stearns County Board fons ide r anaJ1}endmenttothefeeçilot. regulations contaiI"Led ¡ir: ~he<propose.,.dZoning Ordinance by adding these pro- wlslons:1 , (1 that noinewcomm.ercial feedlots by allowed within a twomil~zone .to. >any existing.. city boundary. (2) decreas~. .thenumber of animal. units within a two mile zorte .ofany city. limit and retain some sort of ,. I t1.er system. (3) that thé. present .thresholdofani.ma1 . units b.e reduced[to no more than 100, in additiion to the existing number now permitted for a current opera- tion. : u~on beingtoa.I\l9i:e,. the. motio.n P. a. S..S...E"d<."Yth onlyon"âi~- .. sjnting vote -thatofth.eCi ty of < Sa uk Centre . The. reason f5r the nay vot~was due to, the fact that such a lengthy r solution should have been. presented in written form" since I i I i ¡ I , , I I it was virtually impossible to repeat the phrasing twice in . a row without the terminolgy changing. NEW BUSINESS Nancy Larson, Executive Director of the MAOSC was on hand to explain that group's legislative priorities while at the same time, distributing a pamphlet of that group's services. Also addressing the current legislative session were Kevin Frizell and Ann Higgins of the LMC. They presented several handouts of the main items of concern, including 10 critical initiatives. The electiion of offic~rs for th~ coming year were dealt wi th, with this slate of candidates receiving a. unanimous ballot, following a motion by Inderrieden, s/Himentz: Chairman - Rick Miller, Waite Park Vice-Chairman - Jeff Thompson, Paynesville Secretary - Rena Weber, Cold Spring Treasurer - John Norbeck, Belgrade The May meeting site was put up for grabs and the City of . Melrose agreed to act as host, with approval given by general consent. The meeting was declared adjourned at 10:05 P.M., following a motion by Koerber, s/Danzeizen, with all voting aye. Respectfully, 5Ë:Beinen Secretary file: stearns .