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Home My WebLink About2005 [05] May 05 {Book 33} CITY OF ST. JO,SEPH · www.cityofstjoseph.com City of St. Joseph May 5, 2005 7:00 PM 1. Call to Order Administrator 2. Approve Agenda Judy Weyrens 3. Consent Agenda Mayor a. Bills Payable - Requested Action: Approve check numbers 35701 - 35751 Richard Cdrlbom b. Minutes - Requested Action: Approve the minutes of April 5, April 18, and April 21, 2005. c. Downtown Committee - Requested Action: Accept the appointments as Councilors presented for the creation of a Downtown Committee. AI Rassier d. Signalization - Requested Action: Authorize the Mayor and Administrator to Ross Rieke execute Resolution 2005-13 Supporting Stearns County's application for funding from the Routes of Regional Significance and Rural Road Safety Account for the Renee Symanietz construction of a signal at County Road 75 and Northland Drive. Dale Wick 4. Public Comments to the Agenda 5. 7:05 PM - St. Joseph Chamber, presentation of new City Slogan · 6. 7:10 PM - Arcon Development, Rivers Bend a. Memorandum of Understanding b. Development Agreement c. Final Plat 7. City Engineer Reports a. North - East/West Corridor Study b. Northland Heights i. Accept Petition for services ii. Feasibility Report c. Other Matters 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Gambling Ordinance b. Other Matters 11. Closed Meeting - Land Purchases 12. Adjourn · 2.f College Avenue North PO Box bb8 . S din t. joseph, Minnesotd fbl74 Phone ,2.o·1bl.72.01 Fa x )2.o.,b'.0142. . NOTES TO THE COUNCil............ School District Jerry Von Korff from the School District is requesting to meet with City Officials regarding the possible location of a school on the Feld Property. We are still working on the site plan that was shown to the Council where the school would abut the North easUwest corridor. As staff we have outlined the following concerns: 1. The Developer and/or School District would need to assure the City that a park would be developed on a portion of the property since we are not charging Farr Development a Park Dedication Fee. 2. The property transaction needs to clarify what portion of property is deeded for use as a City Park. This provision will need to be reviewed by the City Attorney. 3. The North easUwest collector is illustrated to run through the Feld Property, possibly separating the school from the residential district. If this is the case, we are asking children to cross a major road to utilize a neighborhood park. An alternative plan was drafted that moved the road to the area where the high line poles are located, but the developer did not like the plan. We are concerned that we may jeopardize federal funding if we locate this road without completing the study. Joe Bettendorf is checking with the APO to see what can be done. We will not put the City in a position to lose any funding. We have made this very clear . with the developer. 4. The development of the Feld Property also has some issues with regard to CR 133 and Stearns County. They will need to be worked out as well. Noise Ordinance At the end of your packet is a letter from the City Prosecuting Attorney regarding the noise violation at 29 East MN Street. There was some confusion that the City Council action should be negated as we lost in court. As you can see from the information that is not true. The actions are two separate actions, one being civil and one criminal. The City is still waiting to hear on our action and we will advise you as soon as we hear. At this time we still request that you not discuss the matter with the property owner as we are in pending litigation. Field Street Study As you are aware, last week an open house was conducted for the Field Street Corridor. The T AC has not yet discussed each option and will do so at the next meeting. This first meeting was an opportunity for public input. WSB provided comment cards at the meeting and they will compile the comments and report back to the TAC. Unfortunately their was some mis-information about the road and development. Doug Weishaar of WSB will be working with the Newsleader to provide information to the public. We have also placed the information on the City web page. St. Wendel I have not heard from St. Wendel regarding a follow-up meeting. Hopefully by Thursday I will have a date. Also, a potential developer is requesting if the City would annex the Harvey Roske property and . provide water and sewer services. The Roske property is almost two miles from the existing City limits. It was agreed that they will wait until after the St. Wendel issue is resolved. If services will move forward they . will be part of that extension. If they don't move forward, the City will be presented a petition for annexation. At this time the City will have to decide if we will allow for leap frog development. This is just an FYI for right now. Life-Cycle Housing Included in your packet is information from the LCH Board meeting last week. The area Cities are contemplating conducting a housing study to see how best to administer an Affordable Housing Program. Richard should be able to provide more information. The email provides the financial contribution that would be required of the City. Gambling Ordinance We are still working on the Ordinance and it will be provided electronically to you when it is finished. . . · IT. JOSEfIH CITY COUNCIL MAY 5, 2005 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS 1. /~ !~ (' d ~.s ~'l J/l /5é.')<' 6'·7 / Fe i! 2. ì LI/ & PolY I) \,I,'sw Coo f!.:¡-- 3. 4. Ax /3Ç- f~e 5. &; J< /3_Ç-' .JJ~ ~.// 6. 5"./-7~ 7. 8. jt&, 7'~ · 9. :7 '1 I{ f 3 ,..t~/uJ ¡' ('1.- .Y7'-Jè! -r 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. · CITY OF ST JOSEPH 05/02/05 2:58 PM Page 1 Bills Payable - Revised . Check Nbr Search Name Comments Amount FUND DEPART OBJ 035701 J. P. COOKE COMPANY 200 animal license $38.52 101 42700 210 J35702 KLN DISTRIBUTING, INC Billing computer re $351.09603 43230 580 )35702 KLN DISTRIBUTING, INC Billing computer re $351.10602 49490 580 )35702 KLN DISTRIBUTING, INC Billing computer re $351.10 601 49440 580 )35703 MIES EQUIPMENT JD Gator4x2 $7,739.35 101 45125 530 )35704 MINNESOTAlWISCONSIN PLAYGROUND GameTime Walker $10,671.00101 45123 530 )35705 SEH S1. Wendel Sewer $802.19 101 43131 303 )35705 SEH Foxmore Hollow $405.25 101 43131 303 )35705 SEH Cloverdale Area $1,009.25 431 43120 530 )35705 SEH Callaway Street $261.25 425 43122 530 )35705 SEH Northland 8 $189.25430 43120 530 )35705 SEH New Wa Treatment $819.83 434 49440 530 )35705 SEH Drill New Well $1,374.98 434 49440 530 )35705 SEH Add't Well Sites $1,468.63 434 49440 530 )35705 SEH Hill Street & 3rd Av $1,718.58433 43120 530 )35705 SEH Arcon/River's Bend $2,630.17 101 43131 303 )35705 SEH Morningside Acres $1,302.62 101 43131 303 )35705 SEH Municipal State Aid $829.25 101 43131 303 )35705 SEH Corridor Study $257.47 435 43120 530 )35705 SEH Misc Engineering S $309.50 101 43131 303 )35705 SEH Storm Water Utility $256.25 101 43131 303 )35705 SEH Capitallmproveme $303.04 101 43131 303 )35705 SEH Northland Heights $2,962.25 435 49450 530 )35705 SEH Ace Hardware $202.34 101 43131 303 i35705 SEH S1. Bens Art Cente $252.17101 43131 303 ·35705 SEH Feld Property $871.96 101 43131 303 :eSEH Addressing $126.00 101 43131 303 I, SEH Parks & Trails $890.50 101 43131 303 35705 SEH Streets & Traffic $98.00 101 43131 303 35705 SEH General Engineerin $21.00 101 43131 303 35705 SEH Pondview Plat 9 $536.42 101 43131 303 35707 XCEL ENERGY March Usage $54.03 602 49471 383 35707 XCEL ENERGY March Usage $131.03 601 49410 383 35707 XCEL ENERGY March Usage $4,249.02 101 43160 386 35707 XCEL ENERGY March Usage $6.07 101 42500 326 35707 XCEL ENERGY March Usage $338.12 105 42280 381 35707 XCEL ENERGY March Usage $79.82 602 49470 381 35707 XCEL ENERGY March Usage $300.81 602 49480 383 35707 XCEL ENERGY March Usage $334.45 602 49480 381 35707 XCEL ENERGY March Usage $22.61 101 45201 381 35707 XCEL ENERGY March Usage $268.47 601 49420 381 35707 XCEL ENERGY March Usage $901.08 601 49420 383 35707 XCEL ENERGY March Usage $131.84101 45202 381 35707 XCEL ENERGY March Usage $689.79 105 42280 383 35707 XCEL ENERGY March Usage $300.50 101 43120 383 35707 XCEL ENERGY March Usage $185.25 101 45201 383 35707 XCEL ENERGY March Usage $721.97601 49410 381 35707 XCEL ENERGY March Usage $455.40 101 45201 383 35707 XCEL ENERGY March Usage $159.34 601 49435 381 35707 XCEL ENERGY March Usage $22.88 101 42610 386 35707 XCEL ENERGY March Usage $66.47 101 43120 381 35707 XCEL ENERGY March Usage $44.31 101 45201 381 35707 XCEL ENERGY March Usage $395.87 101 41942 383 35707 XCEL ENERGY March Usage $618.02 101 41942 381 35707 XCEL ENERGY March Usage $230.12 101 41941 381 35707 XCEL ENERGY March Usage $42.51 101 45202 381 1~07 XCEL ENERGY March Usage $15.70 101 45201 381 V XCEL ENERGY March Usage $131.31 101 43160 386 . J8 COMMISSIONER OF REVENUE Reg Pay 4 27 05 $1,306.73101 35709 EFTPS Reg Pay 4 27 05 $2,007.32 101 35709 EFTPS Reg Pay 4 27 05 $3,011.82 101 15709 EFTPS Reg Pay 4 27 05 $843.48 101 ,,,..,,,.. ".- CITY OF ST JOSEPH 05/02/05 2:58 PM Page 2 Bills Payable - Revised . Check Nbr Search Name Comments Amount FUND DEPART OBJ 035709 EFTPS Mthly Pay 4.2 $8.70 101 035709 EFTPS Mthly Pay 4.2 $37.20 101 035710 ING LIFE INS & ANNUITY COMPANY deferred comp pay $525.00 101 035711 PERA retirement pay-4 2 $3,880.59 101 035713 ACCLAIM BENEFITS-REIMB Dependent Care $380.00 101 035714 AMERICAN TRUCK ASSCESSORIES IN Brake unit for #16 $59.98 101 43120 220 035714 AMERICAN TRUCK ASSCESSORIES IN Brake unit for #16 $59.98 601 49440 220 035714 AMERICAN TRUCK ASSCESSORIES IN Brake unit for #16 $59.97 101 45202 220 035715 AUTO VALUE PARTS STORES - WEST tune up kits '89, '94 $120.60 601 49440 210 035715 AUTO VALUE PARTS STORES - WEST tune up kits '89, '94 $120.60 101 45202 210 035715 AUTO VALUE PARTS STORES - WEST air filters, spark plu $14.05 101 45202 210 035715 AUTO VALUE PARTS STORES - WEST tune up kits '89, '94 $120.60 101 43120 210 035715 AUTO VALUE PARTS STORES - WEST ruck seat covers $12.25 601 49440 220 035715 AUTO VALUE PARTS STORES - WEST spark plugs, air file $71.97 101 43120 210 035715 AUTO VALUE PARTS STORES - WEST gear oil, mobil fluid $161.52101 43120 210 035715 AUTO VALUE PARTS STORES - WEST 30woil $2.62 101 43120 210 035715 AUTO VALUE PARTS STORES - WEST 30woil $2.62 101 45202 210 035715 AUTO VALUE PARTS STORES - WEST 2 cases oil $16.87 601 49440 210 035715 AUTO VALUE PARTS STORES - WEST 2 cases oil $16.87 101 45202 210 035715 AUTO VALUE PARTS STORES - WEST 2 cases oil $16.87 101 43120 210 035715 AUTO VALUE PARTS STORES - WEST ruck seat covers $12.25602 49480 220 035715 AUTO VALUE PARTS STORES - WEST 2 cases oil $16.87 602 49450 210 035715 AUTO VALUE PARTS STORES - WEST ruck seat covers $12.26 101 45202 220 035715 AUTO VALUE PARTS STORES - WEST truck seat covers $12.26101 43120 220 035715 AUTO VALUE PARTS STORES - WEST tune up kits '89, '94 $120.60 602 49450 210 035715 AUTO VALUE PARTS STORES - WEST air filters, spark plu $14.06101 43120 210 035716 BLUE CROSS BLUE SHIELD MN June Medicallnsur $8,236.00 101 . 035717 BROWNING-FERRIS INDUSTRIES April collection $11,157.38603 43230 384 035717 BROWNING-FERRIS INDUSTRIES April collection $53.73 602 49490 384 035717 BROWNING-FERRIS INDUSTRIES April collection $53.73 105 42220 384 035718 CUMMINS NORTH CENTRAL, INC battery $206.70 602 49480 210 035719 HAWKINS WATER TREATMENT GROUP T-phosphorus, T-In $109.00 602 49480 312 035719 HAWKINS WATER TREATMENT GROUP Hydrofluosilicic aci $273.98 601 49420 210 035719 HAWKINS WATER TREATMENT GROUP T-phosphorus, T-in $131.40602 49480 312 035720 HEARTLAND DOOR SALES INC. repair garage door $158.80 101 42152 220 035721 HENRYS WATERWORKS INC Hydrant Grease $44.63 601 49430 210 035721 HENRYS WATERWORKS INC manhole hooks, hy $131.70602 49480 240 035722 JM GRAYSTONE OIL CO., INC #2 dyed fuel $404.40 101 43120 210 035722 JM GRAYSTONE OIL CO., INC #2 dyed fuel $404.40 101 45202 210 035723 KEEPRS, INC/CY'S UNIFORMS Jansky-armor plate $161.90101 42120 171 035723 KEEPRS, INC/CY'S UNIFORMS J Klein-2 shirts $88.53 101 42120 171 035723 KEEPRS, INC/CY'S UNIFORMS Young-pnats, shoe $314.56101 42120 171 035723 KEEPRS, INC/CY'S UNIFORMS Jansky-vest $789.95 101 42120 171 035723 KEEPRS, INC/CY'S UNIFORMS Lamp replacement, $25.45 101 42120 220 035724 KLN DISTRIBUTING, INC reformatted old co $500.71 490 42120 581 035724 KLN DISTRIBUTING, INC instal cdrw $263.59 490 41430 581 035724 KLN DISTRIBUTING, INC network errors, repl $102.50490 41430 581 035725 LEAGUE OF MN CITIES 2005 Cities Bulletin $67.00101 41110 433 035725 LEAGUE OF MN CITIES 2005 Cities bulletin $67.00 101 42120 433 035726 LlNGL, GREG & JULIE cleaning service,-A $350.00101 41942 300 035727 LOSO, NATHAN 2 Concil Mtgs, 1 PI $90.00 101 41950 103 035728 MACQUEEN EQUIPMENT dirt shoe runner, d $152.22 101 43120 210 035728 MACQUEEN EQUIPMENT dirt deflector $70.11 101 43120 210 035729 METRO PLUMBING & HEATING clean out flush valv $65.00 101 45123 220 035730 MIMBACH FLEET SUPPLY spraypaint, direct v $76.63 101 45202 210 035731 MINNESOTA BENEFIT ASSOCIATION May J Klein Life In $38.84 101 035732 NAHAN, TOM el cord $4.57 101 41950 210 - 035732 NAHAN, TOM video tapes $11.62 101 41950 210 035732 NAHAN, TOM shelving $5.31 101 41950 230 - 035733 NCPERS GROUP LIFE INSURANCE life insurance-May $9.00 101 035734 NORTHLAND SECURITIES, INC expenses related t $391.95 333 47100 620 035735 OFFICE MAX paper, clasp envel $101.67 101 41430 200 CITY OF ST JOSEPH 05/02/05 2:58 PM Page 3 Bills Payable - Revised . ~heck 'br Search Name Comments Amount FUND DEPART OSJ 35736 PHILIPPI PLUMBING/HEATING LLC repair water fountai $91.75101 41942 220 35737 PITNEY BOWES Rental charges-3rd $189.77 101 41430 410 35738 PRINCIPAL LIFE Dentallns-5/15 - 6/ $1,439.69 101 35739 RENGEL PRINTING Accident Info Shee $99.01 101 42120 200 35740 ST. CLOUD TRUCK SALES fuel sensor, gasket $40.79 105 42220 220 35741 ST. JOSEPH NEWSLEADER Zoning-Business si $225.00 101 41130 340 35741 ST. JOSEPH NEWSLEADER Interim Use Permit $84.00 101 41530 340 35741 ST. JOSEPH NEWSLEADER Graceview $72.00 101 41530 340 35742 STEARNS COOPERATIVE ELEC. ASSN April EI billing $426.59 101 45201 381 35742 STEARNS COOPERATIVE ELEC. ASSN April EI billing $56.98 602 49472 381 35742 STEARNS COOPERATIVE ELEC. ASSN April EI Billingq $47.69 602 49471 381 35742 STEARNS COOPERATIVE ELEC. ASSN Aprl EI Billing $56.74 602 49473 381 35742 STEARNS COOPERATIVE ELEC. ASSN Aprl EI billing $45.50 602 49480 381 35742 STEARNS COOPERATIVE ELEC. ASSN April EI billing $537.75 101 43160 386 35743 STEARNS COUNTY AUDITOR-TREAS Cell phone chrgs 1 $519.60 101 42151 321 35744 SUNSET MFG CO., INC. Misc steel for plow $40.00 101 43125 220 35744 SUNSET MFG CO., INC. EI cover for Pump $69.75 601 49410 220 35745 TIREMAXX SERVICE CENTERS repair tire JD tracto $10.13 101 45202 220 35745 TIREMAXX SERVICE CENTERS repair tire JD tracto $10.13601 49440 220 35745 TIREMAXX SERVICE CENTERS repair tire JD tracto $10.14 101 43120 220 ·35746 TORBORG, RANDY R -Torberg-reimbur $50.00 601 49440 171 ,35746 TORBORG, RANDY R Torberg-reimbur $50.00 101 43120 171 /35747 TRAUT WELLS Water samples-Col $35.00 601 49420 312 ,35747 TRAUT WELLS Water sample-Assi $35.00 601 49420 312 ;35747 TRAUT WELLS Water Sample-Wel $52.50 601 49420 312 17 TRAUT WELLS Water Sample-Mea $35.00 601 49420 312 7 TRAUT WELLS Pitless install Well $444.00 601 49410 220 I 8 UNIQUE PAVING MATERIALS cold patch-2.07 ton $165.34 101 43120 210 ,35748 UNIQUE PAVING MATERIALS cold patch-2.45 ton $195.69 101 43120 210 /35749 US CABLE internet service-ma $50.55 101 41430 321 ;35750 VERIZON WIRELESS Cell phone $1.20105 42250 321 ,35751 XCEL ENERGY April Usage $266.40 105 42280 383 ;35751 XCEL ENERGY April Usage $277.34 101 43160 386 i35751 XCEL ENERGY April Usage $233.56 101 45202 381 ì35751 XCEL ENERGY April Usage $127.64 101 45201 383 i35751 XCEL ENERGY April Usage $31.55 101 45201 381 135751 XCEL ENERGY April Usage $1,382.11 105 42280 381 $95,963.46 - - April5, 2005 Page 1 of 1 Pursuant to due call and notice thereof, the City Council met in special session on Tuesday, April 5, 2005 . at 6:30 PM in the St. Joseph City Hall. Members Present: Acting Mayor AI Rassier. Councilors Dale Wick, Ross Rieke, Renee Symanietz. Administrator Judy Weyrens. Others Present: Ryan Zipf, Legal Counsel Acting Mayor AI Rassier opened the meeting and turned the floor over to legal counsel Ryan Zipf. Zipf stated that the City has been named in legal action regarding the rental suspension for 29 East Minnesota Street. The City Attorney has tendered the case to the League of Minnesota Cities Insurance Trust and he is the appòinted attorney for the City through the League of Minnesota Cities. Zipf stated it is his recommendation that the Council go into closed session to discuss pending litigation. Wick made a motion requesting the Council go into closed session at 7:35 PM to discuss pending litigation. The motion was seconded by Symanietz and passed unanimously. Adjourn: The meeting was opened at 8:30 PM to which Wick made a motion to adjourn. The motion was seconded by Symanietz and passed unanimously. Judy Weyrens Administrator . t - AprilS, 2005 Page 1 of 2 Pursuant to due call and notice thereof, the City Council met as the Board of Review and Equalization on . Tuesday, April 5, 2005 at 6:30 PM in the St. Joseph City Hall. Members Present: Acting Mayor AI Rassier. Councilors Dale Wick, Ross Rieke, Renee Symanietz. Administrator Judy Weyrens, County Assessor Bob Lindval, City Assessor Ollie Lesnick. Others Present: Tim Borresch. Acting Mayor AI Rassier opened the meeting and turned the floor over to the County Assessor Bob Lindval and the City Assessor Ollie Lesnick. Lesnick stated that the housing market continues to flourish and as a result home values have been increased an average of 6%. State guidelines require that residential market values be equal to at least 90% of the resale value. Lesnick and Lindval are confident that the values assigned in the City meet or exceed the minimum requirements. Market value assignments can be measured using current property sales, comparing the values. In reviewing the recent sales it appears as though the market values in St. Joseph are within the required guidelines. Lesnick reminded those present that an increase in market value does not necessarily indicate that taxes will increase. Taxes will only increase if the City increases spending. With the growth that St. Joseph has been experiencing, taxes decreased slightly in 2005. At this time the floor was opened for questions. 84-53832-000 Tim Borrech questioned the market value assigned to the accessory building located on the property located at 11 - 3rd Avenue NW. Borresch stated that in discussing the matter previously with the County Assessor Bob Lindvall, he acknowledged that the property record contained an error overstating the valuation. Lindvall acknowledged that a clerical error had occurred and the Board can recommend the value be adjusted according. . Wick made a motion recommending the County Assessor adjust the market valuation for the accessory building located 11 - 3rd Avenue NW. The motion was seconded by Symanietz and passed unanimously. Borresch questioned since the over stating of the market value was a clerical error, could he apply for a refund for the past years. Lindvall stated that property owners have a responsibility to review their tax statements annually and question assigned values. Statues limit refunding to the current year and all refunds must be approved by the County Assessor and County Board. Their being no one further to testify, Weyrens presented the Board with written letters of request. They are as follows: 84-53454-005 84-53454-000 Bob Gamades questioned the increased valuation for what he believed to be an empty lot. His letter indicates that the valuation increased from $ 18,000 to $ 35,000. Lindvall stated that after reviewing the matter it was determined that the property in question actually contains one of two 8-plexes. To remedy the situation Lindvall stated that one building will be placed on each lot. Wick made a motion acknowledging receipt of the request for valuation correction recommending no change in valuation. The motion was seconded by Rieke and passed unanimously. 84-53882-000 Jim Krebsbach questioned the valuation for the vacant lot located on Minnesota Street East, adjacent to the La Playette. Krebsbach questioned the value for a warehouse on . said property that has been demolished. Lindvall stated that he was unaware that the AprilS, 2005 Page 2 of 2 building had been razed and suggested the Council recommend reducing the value $ 12,000, the amount assigned to the warehouse. · Rieke made a motion acknowledging receipt of the request for valuation correction and recommended the Council reduce the market valuation $ 12,000, the amount equal to the warehouse that was razed. The only value on said property should be vacant land. The motion was seconded by Symanietz. Ayes: Rassier, Rieke, Symanietz Nays: None Abstain: Wick Motion Carried 3:0:1 84-53546-003 OM Building submitted a request to reduce the value of the property value for the Indian Hills Park Plat. The reduction is being requested as it is the opinion of the property owner that the sanitary sewer is located too low and the City is requiring a larger holding pond reducing the amount of developable land. Lesnick stated that he has meet with the property owner informing him that a reduction in valuation would not be appropriate until the holding pond is constructed. At that time, the valuation can be re-assessed. Rieke made a motion acknowledging receipt of the request for valuation correction recommending no change in valuation. The motion was seconded by Wick and passed unanimously. Adjourn: Wick made a motion to close the Board of Review and Equalization at 7:30 PM; seconded by Symanietz and passed unanimously. Judy Weyrens · Adm in istrator · April 18, 2005 Page 1 of 2 Pursuant to due call and notice thereof, the City Council for the City of St. met in joint session with S1. . Wendel Township on Monday, April 18, 2005 at 6:30 PM in the St. Joseph City Hall. City Council Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick, Renee Symanietz. Administrator Judy Weyrens City Representatives Present: City Engineer Joe Bettendorf S1. Wendel Township Board Present: Township Supervisors Carl Stich, Greg Salk, David Douvier. Township Clerk Renee Salzer. St. Wendel PlanninQ Board Present: Dan Schmitz, Jim Volkers Others Present: Cyndee Corrieri, Chuck Kutzera, Ken Fuchs, Thomas Corrieri, Larry Peterson, Leroy Farmer, Teresa Fogue, Bob Valek, Craig Jergenson Mayor Carlbom opened the meeting and turned the floor over to S1. Wendel Towship. St. Wendel mailed survey's to all affected property owners within the proposed sewer district area. The area was divided into four sections as illustrated by the City Engineer. Survey's were color coded to identify each separate area. Supervisor Carl Stich presented those present with the results of the survey. Supervisor Greg Salk stated that the survey did not provide clear direction as to whether or not the residents support the extension of water and sewer services. The majority of residents in the "St. Wendel A" area (Pleasant Acres and Rassier Lake) supported the need for additional planning. Carlbom stated it is his opinion that the City of St. Joseph should not expend any additional resources until St. Wendel decides if they are willing to move forward with the feasibility report and fund the same. As of this time the City has incurred over $ 15,000 in expenses and has yet to be reimbursed. The City cannot continue to pay for expenses for S1. Wendel Township. Supervisor Stich responded that the . Township does not have available funds to pay for the study. In fact the Township is researching the establishment of a subordinate taxing district. Creation of such would provide additional funding opportunities. Stich stated that it is his opinion that the City and Township need to begin the Orderly Annexation Process and then discuss the extension of utilities. He further stated that if the City and Township establish an Orderly Annexation Agreement the Township can take over the Planning for the Township. Currently Stearns County provides planning services for the Township area. Stich stated that the Planning belongs with the Township not the County. St. Wendel representatives questioned if they agree to the feasibility report and the project does not move forward, will the report be useful. Bettendorf responded that the basic information of the feasibility report can be used. Depending on the time frame, the report can be amended with new growth. By consensus, the City Council Members presented stated that St. Wendel Township representatives must take the led role at the public information meeting scheduled for April 25, 2005. The affected residents are constituents for St. Wendel Township and the decision to move forward is a S1. Wendel Board decision. The Council reiterated that the City is only providing information as to the probable costs for water and sewer extension and if the residents of the Township or the Township Board decide to not move forward the City will not include the area in the current utility plan. However, if the Pleasant Acres area is not served with utilities at this time, the next opportunity may not occur for seven to ten years. It was agreed by those present that S1. Wendel will conduct the meeting on April 25 and if they need information they should provide a list of questions or list of needed information. Bettendorf agreed to meet with one representative of the Township Board to provide information. It was agreed that Greg Salk would contact Bettendorf with a list of questions in preparation for the April 25th meeting. April 18, 2005 Page 2 of 2 Weyrens stated that she has received numerous requests to release the St. Wendel survey results. Since St. Wendel prepared and distributed the survey. St. Wendel must release the information. St. . Wendel representatives consented to providing the public with the information. Weyrens stated that the information will be available through the City Web Page. Those present agreed to hire Bob Heim as a moderator and to contact Stearns County Environmental Services Director Don Adams to invite him to be part of the panel. Adjourn: Symanientz made a motion to adjourn at 6:50 PM; seconded by Wick and passed unanimously by those present. Judy Weyrens Administrator . April 21,2005 Page 1 of 1 Pursuant to due call and notice thereof, the City Council met in special session on Thursday, April 21 , . 2005 at 6:00 PM in the S1. Joseph City Hall. Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symaníetz. Administrator Judy Weyrens. Others Present: City Engineer Joe Bettendorf, Public Works Director Dick Taufen Closed Meetinq, Glatzel Land Purchase: Mayor Richard Carlbom turned the floor over to City Engineer Joe Bettendorf. Bettendorf reported that he along with the Public Works Director have identified a parcel of property for the future water filtration site. The site is located at the southwest intersection of 1-94, owned by Leo Glatzel. The property owner has indicated a willingness to sell the property. Bettendorf requested the Council go into closed session to discuss strategy for the land purchase. Rassier made a motion requesting the Council go into closed session at 6:05 PM to discuss strategy for the potential land purchase for the water filtration plant and well field. The motion was seconded by Symanietz and passed unanimously. The meeting was opened at 6:25 PM S1. Wendel Public Input Meetinq: Weyrens reminded those present that an informational meeting for the S1. Wendel residents has been established for April 25, 2005. The Council on April 21 agreed that S1. Wendel Township would conduct the meeting and the City would provide one representative to speak on behalf of the City and the City Engineer. Rieke recommended and the Council concurred that the City spokesperson should be AI Rassier. Bettendorf reported that he has provided S1. Wendel with the requested information and he will prepare a short presentation. Weyrens stated that Bob Heim has agreed to moderate the meeting and Stearns County Environmental Services Director, Don Adams, will be present at the meeting as well. Carlbom reminded the Council of his opinion that the City has spent . too many resources on this project and unless S1. Wendel reimburses the City or agrees to provide financial assistance the project should not move forward. Adjourn: Symanietz made a motion to adjourn at 6:55 PM; seconded by Wick and passed unanimously. Judy Weyrens Administrator Judy Weyrens Administrator - - . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DATE: April 27, 2004 Mayor ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Consent: Appoint additional persons to Downtown Committee. PREVIOUS ACTION Maureen Forsythe and Kurt Schneider were appointed in January 2005. . RECOMMENDED BOARD ACTION Appoint the following to Downtown Committee: Dr Michael Contardo, Jim Krebsbach, Mary Niedenfuer, Molly Renslow, a representative from the Historical Society, a representative from the St. Benedict Monastary, Cynthia Smith-Strack, Mayor Richard Carlbom and Ross Rieke. FISCAL IMP ACT COMMENTS/RECOMMENDA TIONS . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent (d) - Signalization, Northland Drive DATE: May 5,2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPRO V AL AGENDA ITEM Signalization - Northland Drive PREVIOUS ACTION The City Council has been requesting a signal light at the intersection of County Road 75 and Northland Drive for several years. Last year the County agreed to add the signal light to their request list. Part of the process is to complete a timing study from 28th Avenue in Waite Park to County Road 2(College Avenue). After the study is complete then the light can be constructed. . RECOMMENDED COUNCIL ACTION Authòrize the Mayor and Administrator to execute Resolution 2005-13 Support the Application of Steams County for Funding. FISCAL IMPACT The City will be responsible for approximately 50% of the signal light. At this time I do not have a cost, but we will include the costs in the financial planning for 2006. COMMENTS/RECOMMENDATIONS In discussing the schedule with Mitch Anderson, he doubted that the City would see any progress this year, but was hopeful the light would be constructed and installed in 2006. CITY OF ST. JOSEPH . COUNTY OF STEARNS 2005-13 RESOLUTION OF SUPPORT FOR STEARNS COUNTY APPLICATION FOR LOCAL ROAD IMPROVEMENT PROGRAM FOR CSAH 75 WHEREAS: The City of St. Joseph is aware that the County of Steams has recognized the need to construct a full traffic actuated signal system at the intersection of CSAH 75 and Northland Drive; and WHEREAS: In order for this signal system to properly function a signal interconnect system needs to be installed between CSAH 2 in St. Joseph and 28th Avenue South in Waite Park; and WHEREAS: There is currently funding available from the Local Road Improvement Program through the Routes of Regional Significance Account and the Rural Road Safety Account; and WHEREAS: The City of St. Joseph will be obligated to financially participate in the full traffic actuated signal system; and WHEREAS: A lack of local funds could delay the project. NOW, THEREFORE, BE IT RESOLVED: that the City of St. Joseph hereby supports Steams County's application for funding from the Routes of Regional Significance Account and the Rural Road Safety Account for the construction of a full traffic actuated signal system at the intersection of CSAH 75 and Northland Drive and the installation of a signal interconnect system between CSAH 2 in S1. Joseph . and 28th Avenue South in Waite Park. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH THIS 5th DAY OF MAY, 2005. Richard Carlbom, Mayor Judy Weyrens, Administrator . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Arcon Development DATE: May 5, 2005 ORlGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Arcon Development - Rivers Bend PREVIOUS ACTION Both the Planning Commission and City Council approved the Preliminary Plat entitled River's Bend. RECOMMENDED COUNCIL ACTION . Authorize the Mayor and Administrator to execute the Development Agreement, Memorandum of Understanding and Final Plat for the development entitled River's Bend. FISCAL IMPACT COMMENTS/RECOMMENDATIONS As with most developers, this plat is being developed in phases. The first phase will consist of 65 single- family lots. Typically the final plat is brought before the Council with a development agreement that is specific to the phase being developed. Due to the size the plat and the time span for development, staff felt it was important to memorialize the agreed upon terms for the entire development. It is anticipated that River's Bend will be developing over a ten year period. Therefore, we are asking the Council to approve a Memorandum of Understanding which governs the entire preliminary plat and a development agreement that governs only the final plat being developed. The documents have been provided to the Developer for review and comment. A number of corrections have been made. However, the Developer does not agree with items 7 and 8 regarding off site improvements. This is an Ordinance requirement and as staff we cannot relieve the requirement. Rick Packer will be asking the Council for relief. Whatever action is taken at the Council meeting will be inserted into the MOD. For your convenience I have attached a copy of the Park Ordinance requiring the connection of the trail system. The provision has been boxed for easy reference. · MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this _ day of May, 2005, by and between the City of St. Joseph, a Minnesota municipal corporation (hereinafter the "City"), and Arcon . Development, Inc., a Minnesota corporation (hereinafter "Arcon"). . Recitals: 1. Arcon is the Owner of certain Real Property which is legally described on Exhibit A, (hereinafter called the "Property" or "Development" or "Development Property") attached hereto and made a part hereof; 2. Arcon has submitted a preliminary plat and POO application for the entire property entitled River's Bend P1JD, which has been approved by the City; 3. Arcon intends to develop the Property in approximately 10 phases; and 4. The City and Arcon desire to memorialize all of the understandings between the parties regarding the Development, and the terms which will apply to all phases of the Development of the Property. NO\\!, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1. Phases. The Property shall be developed in accordance with the phasing plan attached hereto as Exhibit B. Arcon must obtain prior approval from the City for substantial deviations from the phasing plan. City approval shall not be umeasonably withheld. For five (5) years from the . date of this Agreement, no amendments to the City's Comprehensive Plan or official land use controls shall affect the use, development density, lot size, lot layout, or dedications of the development which is a part of this Agreement unless required by State for Federal law or agreed to in writing by the City and the Developer. The City may extend the exemption period for an additional five (5) years in its sole discretion. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent pennitted by State and Federal law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of this Agreement. 2. Platting. Arcon must include all of the Development Property in the final plat of the first phase of the development, with future phases of the development platted as Outlots. The final plat must be recorded prior to the City or Arcon initiating the installation of Municipal Improvements on the Development Property. 3. Turn Lanes. Turn lanes :trom County Road 121 serving the Development shall be constructed when deemed necessary by the City and/or Steams County Highway Department. Arconshall provide a letter of credit in an amount acceptable to the City to secure construction of the turn lanes. 4. Public Land Dedication. Arcon shall dedicate 44 acres ofland (exclusive of wetlands) within the Development to the City. The dedicated land is identified on the preliminary plat as Outlot _("Neighborhood Park") and Outlot _ ("Sauk River Park"). The park property . shown on the Preliminary Plat shall be deeded to the City by Warranty Deed simultaneous with the recording of the final plat for the first phase. Deeding of the property shall not relieve Arcon of the obligation to develop the parks in accordance with this agreement. The City shall grant to Arcon a license to enter the park property for the purpose of constructing utilities and grading in accordance with the plans approved by the City. Arcon shall agree to indemnify and defend the City against any and all claims for personal injury or property damage arising :trom Arcon's activities in the park property. Arcon shall grade the Sauk River Park in accordance with the final grading plas approved by the City. Grading for the canoe access road and parking area shall be completed no later than July 31,2007. Grading for the remainder of the Sauk River Park, with the exception of the stonnwater pond, shall be completed no later than July 31,2009. Arcon agrees to construct a temporary gravel parking lot adjacent to Neary Street in conjunction with the construction of Neary Street. Arcon agrees to provid a sewer and water stub to the right of way line of Sullivan Lane in the vicinity of Quinlan Street, the exact location of which shall be detennined by the City, at such time as pennanent streets are installed to that phase. The City shall be responsible for all other construction within the Sauk River Park. No additional dedication will be required for the townhouse units to be developed north of County Road 121. 5. Stonnwater Plans. Arcon and the City agree that temporary stonnwater control measures will be in place during the phased development. At no time shall runoff exceed pre development rates. The Stonnwater Management Plan shall be reviewed during by the City Engineer during final platting of each phase. Any changes to the Stonnwater Management Plan shall be 2 reviewed and approved by the City Engineer, who may impose such alternative or additional conditions as deemed necessary. All pennanent stonnwater ponds shall have a paved access . of _ feet in width, which access shall be dedicated to the City. 6. Jade Road/lih Avenue. Jade Road will be constructed in three phases or less as a public improvement project, funded by special assessments against the Development. This improvement shall include sanitary sewer, watennain, stonn sewer, and trails in accordance with the development plans approved by the City Engineer. The City will use its best efforts to collect the cost of this improvement from properties which have not been specifically assessed in proportion to the benefit realized by such unassessed properties. Arcon will be reimbursed all such funds collected by the City. The improvement of Jade Road north of County Road 121 shall be simultaneous with the development of the property adjacent thereto. This shall occur in no more than two phases. The construction of the Jade Road trail shall coincide with the construction of Jade Road. 7. Trails. Trails within the Development shall connect with existing trails and sidewalks, including installation of a trail along College Avenue to Iverson constructed at Arcon's cost. Arcon shall maintain all sidewalk and trails for a period of three years from the date of acceptance ofthe improvement. 8. Lighting. Arcon shall be responsible for the cost and installation of street lighting \vhich accords with the lighting specifications attached hereto as Exhibit C. Arcon's responsibility includes internal street and trail lighting, as well as lighting along County Road 121 to Jade Road. Arcon shall commission a lighting plan prepared by Steams Electric to be approved by . the City. Steams County shall approve the lighting to be installed along County Road 121. All lighting shall be capable of being serviced by Steams Electric. 9. Civil Defense Sirens. At Arcon's cost, Arcon shall install civil defense sirens as deemed necessary by the City to serve the Development. 10. County Road 121 Services. Arcon shall provide water and sewer services to the prope11y line of existing homes located along County Road 121 adj acent to the Development. 11. Utility Location. Arcon agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. Arcon may receive an exemption from this requirement if Arcon demonstrates to the City Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. 12. Street Signage. Arcon shall be responsible for the cost of purchase and installation of street signs which comply with City specifications. Street names within the Development have been reviewed and approved by the City. Arcon shall submit a street sign plan with each phase. 13. AUAR Compliance. Arcon shall comply with the requirements of the final AUAR dated June 21,2004, a summary of which are attached hereto as Exhibit D and incorporated herein. 3 . 14. Reimbursement of City'S Costs. Arcon shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the negotiation, administration and enforcement of this Agreement and its performance by Arcon. 15. Incorporation of Documents by Reference. All general and special conditions, plans, proposals, specifications furnished to the City by Arcon with the preliminary plat shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 16. Default and Remedies. If Arcon fails in any way to perform or observe any covenant, condition, or obligation contained in this Agreement the City may do any, all or any combination of the following: (i) halt all further approvals regarding platting, improvements or issuance of building permits or occupancy pennits relating to the Development Property, (ii) seek injunctive relief, (iii) terminate this Agreement and all of the obligations contained herein without terminating Arcon's obligation to reimburse the City for costs it has incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize any funds or other security which have been provided to the City pursuant to this Agreement; and/or (v) take any other action at law or in equity which may be available to the City. 17. Attorney Fees. In the event that the City is the prevailing party in any legal action brought against Arcon to enforce the terms of this Agreement, including but not limited to bringing suit for damages or seeking an injunctive relief, Arcon agrees to pay the City reasonable . attorney's fees. The City shall be deemed to be the prevailing party if such action is resolved by mediation after such action is filed with the court. 18. Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by Arcon. 19. Integration. This Agreement contains all of the understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent ofthe parties hereto. 20. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 21. Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4 22. Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. Areon is hereby advised to seek independent legal advice prior to execution ofthis Agreement. . The parties have entered into this Memorandum of Understanding as of the date first written above. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, City Administrator/Clerk ARCON DEVELOPMENT, INe. By Its STATE OF MINNESOTA ) . ) ss. COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2005, by Richard Carlbom and Judy Weyrens, the Mayor and City Administrator/Clerk respectively, of the City of St. J osepsh, a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2005, by , the of Arcon Development, Inc., a Minnesota corporation on behalf of said corporation. S . NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS INSTRUMENT WAS DRAFTED BY: Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 . 6 EXHIBIT A LEGAL DESCRIPTION . The Southeast Quarter ofthe Southwest Quarter, the Southwest Quarter of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter of Section 15, Township 124 North, Range 29 West, less and except the South 33 feet of said Southeast Quarter of the Southeast Quarter lying east of Steams County Road 121, and also less and except the NOlih 208.71 feet of the South 241.71 feet of the East 521.77 of said Southeast Quarter of the Southeast Quarter. Except That part of the Southwest Quarter of the Southeast Quarter of Section 15, Township 124, Range 29, Steams County, Minnesota desclibed as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North 88 degrees 41 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter of the Southeast Quarter, a distance of359.39 feet; thence North 01 degrees 18 minutes 43 seconds West a distance of 107.97 feet to the point of beginning of the tract to be described; thence South 57 degrees 26 minutes 06 seconds East a distance of 146.51 feet; thence North 33 degrees 06 minutes 17 seconds East a distance of341. 51 feet to the southerly right of way of Steams County Highway No. 121; thence northwesterly, along said right of way to the intersection with a line bearing North 27 degrees 20 minutes 32 seconds East from the point of beginning; thence South 27 degrees 20 minutes 32 seconds West, along said line, a distance of281.94 feet to the point of beginning. MID The NOlihwest Quarter of the Northwest Quarter of Section 22, TO\vnship 124 North, Range 29 West less and except that part of said Northwest QUalier of the Northwest Quarter that lies southwesterly of . Interstate No. 94, said highway being more particularly identified as Parcel 34, STATE HIGHWAY RIGHT OF \"1 A Y PLAT No. 73-20, according to the plat thereof, on file and of record in the Office of the County Recorder, Steams County, Minnesota. Less and except Parce134, said STATE HIGHWAY RIGHT OF WAY PLAT No. 73-20. MID The Northeast Quarter ofthe Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 22, Township 124 North, Range 29 West less and except that part desclibed as follows: Beginning at the southeast comer of said Northeast Quarter of the Northwest Quarter; thence South 89 degrees 52 minutes 50 seconds West, assumed bealing, along the south line of said Northeast Quarter of the Northwest Quarter, 144.45 feet; thence North 00 degrees 27 minutes 22 seconds East, parallel with the east line of said Northeast Quarter of the Northwest Quarter, 486.29 feet; thence South 83 degrees 35 minutes 51 seconds East 1055.93 feet to the centerline of a township road; thence South 08 degrees 36 minutes 49 seconds West, along said centerline, 364.67 feet to the south line of the said North\.vest Quarter of the Northeast Quarter; thence South 89 degrees 29 minutes 10 seconds West along last mentioned south line, 854.19 feet to the point ofbegÜming. AND That part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 124 North, Range 29 West lying northeasterly of the northeasterly light of way line of Interstate Highway No. 94 as delineated on STATE mGH\V A Y RIGHT OF WAY PLAT No. 73-20, a duly recorded plat on file and of record in Office of the County Recorder, Steams County, Minnesota. 7 AMENDMENT TO ORDINANCE 54 . SUBDIVISION REGULATIONS The City Council for the City of St. Joseph hereby ordains that Ordinance 54 is amended to read as follows: 1. That Section 54.18 ofthe St. Joseph Code of Ordinances is hereby revoked in its entirety and the following re-enacted in its place: Subd. 1. Purpose and Intent: Minnesota Statute 462.358 provides Municipalities with the authority to require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails or open space. The City has determined that new-development increased the demand for and use of park property. In addition, the City has also determined that the demands on City parks and need for additional park space increases the density of development increases. Therefore, the intent and purpose of this Ordinance is as follows: a) To provide a parkland dedication system for new development, which provides for a larger dedication where density is higher and open spaces are more sporadic. b) To provide required parkland to be dedicated by this Ordinance to be roughly - proportionate to the impact on the demand for park use in the City as a result of new development. -- 1. For residential development where the impact is based upon the number of people in the new development, rather than set a standard percentage of the total development to be dedicated, the City will use a standard percentage of its starting point in establishing a dedication. 11. For commercial and industrial developments, since the impact is primarily based upon the loss of open and green space, and the loss of natural areas the City will use a standard percentage as its starting point in establishing a dedication. c) To determine the "rough proportion" of dedication, the City Council utilizes the National Park Standard of 10 acres per 1000 residents in determining the amount of park dedication required for any given development. Subd.2: Reservation of Land. Where a proposed park, playground, school site or other public site shown on an adopted plan or official map is embraced in part or in whole by a boundary of aproposed subdivision, and such public sites are not dedicated to the County or Board of Education, such public grounds shall be shown as reserved land on the preliminary plat to allow the County State Agency or the Board of Education the opportunity to consider and take action toward acquisition of such public ground or park or school site by purchase or other means prior to approval of the Final Plat. I Subd. 3: Dedication of Land. The City shall require all subdivisions to dedicate a reasonable percentage of property to the public or preserved for conservation purposes or for . public use as parks, recreational facilities, playgrounds, trails, wetlands or open space as determined by the City Council. The City Council will make a final determination after consulting with the Planning Commission and Park Board. No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved for that purpose to which they are to be dedicated by the City Council. The subdivider-developer shall leave such dedicated land in a condition suitable to the City Council. a). Land Dedication Formula: In determining the dedication fee when land is dedicated the following formula shall apply: 1. Single Family 1,172 square feet per unit 11. Multiple Family 1,250 square feet per unit 111. Commercial 2% of land area, not including streets or other dedications. lV. Industrial 2% of the land area, not including streets or other dedications. b) Land Eligibility: To be eligible for park dedication credit, any land dedicated must be located outside of the drainways, wetlands, floodplains or ponding areas after the site has been developed. Absent unusual conditions, stormwater drainage areas and holding areas or ponds shall not be considered wetlands. Lands dedicated for public use must have street frontage on one or more street (s) with a minimum frontage of 200 feet. - c) Dedication Credits: The Council may, after reviewing the recommendation of the -- Park Board, give credit for land dedication for the following: 1. Where wetlands have been determined to have a park function by the Park Board, credit may be given up to a 25 percent of the wetland area and adjoining lands areas below the high water level. 11. y\There a private open space for park or recreation purpose is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, credit may be given up to 25 percent. Before credit is given, all of the following factors must be satisfied: 1. The land area must be available for use, without preference, of all of the residents of the proposed subdivision. 2. The required setbacks must not be included in the computation of such land. " The use of the private open space must be restricted for park and j. recreation purposes by recorded covenants or declarations which run with the land in favor of the owners of the property \vithin the subdivision and cannot be eliminated without prior approval of the 2 City Council after review and recommendation by the Park Board . and Planning Commission. 4. The proposed private open space must be of sufficient size, shape, location, and topography for park and recreational purposes or must contain unique features that are important to be preserved. Subd. 4: Cash in Lieu of Land. If in the judgment of the City Council, the area proposed to be dedicated is not suitable or desirable for park/playground purposes, because of location, size or any other reason, the City Council may require in lieu of land dedication, a payment to the City of a sum equal to a fee established by the City Council. a) Cash Dedication Fee: In determining the dedication fee when the Council requires a cash in lieu of fee, the following formula shall apply: 1. Single Family $ 914 per lot II. Multiple Family $ 97 5 per unit Ill. Commercial $ 2% of average land value IV. Industrial $ 2% of average land value For the purposes of this section, the average fair market includes an average of un-improved land values, prior to the installation of improvements, as of the date of the final plat. . Subd. 5: Partial Dedication and Partial Payment. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and/or the value of the development ofland shall be calculated based on the fair market value of the land no later than at the time of final approval. That amount shall be subtracted from the cash contribution required by the Subsection above. Subd.6: General Requirements. a) Land to be dedicated shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be serv'ed. Factors used by the City Council in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. b) The applicant shall confer with City Staff and the City Council at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for its approval. c) When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the approximate governmental unit. If the applicant elects not to dedicate an area in excess of the 3 land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through . purchase, condemnation, or negotiation. d) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and in lieu of open space requirements for planned unit developments. e) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the City Council finds it in the public interest to do so. £) The City, upon consideration of the pmiicular type of development, may require that a lesser parcel of land should be dedicated due to pmiicular features of the development. In such cases, a cash contribution shall be required above the land dedication to insure that compensation is received for the full amount of the impact on the City's park and trail system. g) For subdivisions incorporating a mixture ofland uses and/or densities, the park dedication fee shall be detennined by applying the appropriate dedication for each use as identified in this section. h) Park cash contributions are to be calculated and established at the time of final plat approval. The Council shall require the payment at the time of final plat . approval or at a later time under tenns agreed upon in the development agreement. Delayed payment may include interest at a rate set by the City. i) Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi-purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as detennined by the City. Additionally, said funds may be utilized anywhere within the City park and trail systems. j) Wetlands, pOllding areas, and drainageways accepted by the City (as provided in subd. 3 [c] ii) may be considered in the parkland and/or cash contribution to the City. k) Property being re-platted with the same number oflots and same number of dwelling units shall be exempt from all parkland dedication requirements. lfthe number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1í3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. 1) \Vhen land is dedicated and deeded to the City for park purposes, it shaD be the responsibility of the City to maintain such dedicated property. 4 . m) Land dedication to the City shall be in the form of lots or outlots with approved lot and block numbers. n) Parks bordered on one (1) or more sides by existing creeks or streams shall ensure access to the park is provided from an arterial roadway or collector street and that pathways that allow emergency motorized vehicle traffic within the park are present. 0) Parking areas shall be established on land adjacent to the required parkland area, sized to meet the needs of the planned facilities. Criteria reviewed shall include the area the park is intended to serve (neighborhood, entire city), the nature of the park (passive recreation, specific use) and the facilities contained within the park (e.g. ball fields, picnic areas, tennis courts, play areas, etc). Said parking areas shall be dedicated to public use and shall not be included in the required land dedication. The City may complete improvement of said parking area. p) The Developer shall be responsible for grading and seeding of required parkland, to City specifications. Subd.7: Required hnprovements: Developers shall be responsible for making certain improvements to their developments for park, playground, trail and open space purposes: a) Areas to be dedicated for public park, trail or ponding shall be brought to a . suitable condition by the subdivider prior to acceptance by the City. All dead trees, trash, junk, unwanted structures or other similar undesirable elements shall be removed at the developer's expense. b) Provide finished grading and cover of at least four (4") inches or more of topsoil on the park site. In addition, the developer shall be responsible for seeding the park with a mixture approved by the Public Works Director. No park dedication credit will be given for this work. ,,\ Side'vva1ks or trails shall be constructed in certain right-of-ways, as suggested by '-'} the City Council within the development. Further, each subdivision must connect to the established trail system through the construction of sidewalks or trails. This improvement shall be the responsibility of the developer. The City Council shall have the discretion to determine if these sidewalks or trails can be utilized towards park dedication. d) Trails that are part of the recreational system and are outside of the right-of-way and public properties, shall be utilized toward park dedication, as long as the trail is dedicated to the City in the form of an easement. Subd. 8: Maintenance of Private Open Space. In the event certain land areas or structures are provided within the subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the City to assure the - continued operation and maintenance to a predetermined reasonable standard. These common 5 areas may be placed under the ownership of one of the following depending upon which is most appropriate: . Dedicated to the public where a community-wide use would be anticipated. a) b) Applicant's ownership and control. c) Property o\vner's association ownership and control, provided all of the following conditions are met: l. The property owners association must be established prior to the sale of any lot. 2. Membership must be mandatory for each owner and any successor in interest. 3. The open space restrictions must be in perpetuity, not for a given period of years. 4. The association must be responsible for liability insurance, local taxes and the maintenance of the recreational area and facilities. 5. Landowners (homeowners) must pay their prorated share of the cost, and any assessment levied by the association then can become a lien on the property in accordance with law. . 6. The association must be able to adjust the assessment to meet changed needs. This amendment is adopted the _ day of , 2004, and shall be effective upon publication. CITY OF ST. JOSEPH By Larry Hosch, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2004 L:\city\stj oe\2004 L:\city\stjoe\2004 - 6 . CITY OF ST. JOSEPH DEVELOPER AGREEMENT (Developer Constructed Improvements) THIS AGREEMENT, made and entered into this _ day of , _, by and between , hereinafter called the "Developer", and the City ofSt. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WIT N E SSE T H: . WHEREAS, the Developer is the Owner of certain Real Property known as , which is legally described on Exhibit A, (hereinafter called the "Property" or "Development" or "Development Property") attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Developer to provide for the construction of certain public improvements, and for the financing of said improvements; NOW, THEREFORE, in consideration ofthe mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF PLAT APPROVAL 1.1 Request for Plat Approval. The Developer has asked the City to grant final approval of a plat for a residential subdivision called . The legal description for the land proposed for development is described on Exhibit A, attached hereto and made a part hereof. 1.2 Conditions of plat approval. The City hereby grants final approval of the plat subj ect to the conditions that the Developer enter into this Agreement, furnish the security in a form acceptable as required by the various provisions ofthis Agreement, and record the plat with the County Recorder within 30 days after the City Council approves the plat. 1 2.0 RIGHT TO PROCEED . The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement have been recorded with the Steams County Recorder's office; (4) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 Improvements. The Developer agrees to construct those improvements itemized below, (hereinafter known as the "Improvements"): Check all that apply: - Site Grading - Bituminous Streets - Water Main Street Signs - - Stonn Sewer Regulatory and Warning Signs - - Holding Ponds - Turning and Bypass Lanes - Concrete Curb & Gutter On-site Wetland Mitigation . - - Sanitary Sewer - Erosion Control The Improvements itemized above shall include all necessary appurtenant items of work as detennined by the City. 3.2 Completion Deadlines. The Developer agrees to proceed with said the Improvements entirely at its expense, and to complete said improvements by , except for final wear course which shall be completed by The construction documents shall establish completion dates at or before the dates shown above. 3.3 Engineering Services. The Developer will retain an engineer satisfactory to the City to prepare complete construction Plans and Specifications for The Improvements. The Developer shall make his engineer aware of the provisions in this Agreement. The Developer's engineer shall: (a) Arrange for soil borings in accordance with Exhibit C and/or such other subsurface investigations as the City may require. (b) Prepare construction plans, specifications, and estimate in accordance with Exhibit C. 2 . (c) Secure all necessary pennits including those required by the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Department of Natural Resources, Steams County, or any other regulatory agency that has jurisdiction. (d) Submit items one (1) through eight (8) on Exhibit "D" prior to beginning any constru~tion in the development. (e) Complete an Environmental Assessment Phase I, if necessary, and any other related environmental documents, reports, or studies as may reasonably be required by the City. (f) Provide all necessary construction staking and related survey work. (g) Provide construction administrative services on behalf of the Developer, including the following: review shop drawings, coordinate construction staking, monitor permit requirements, process applications for payment, prepare change orders, monitor completion dates, coordinate field issues with Contractor and Developer, participate in final inspection. Prepare operation and maintenance manuals in accordance with Exhibit "C". Submit items nine (9) and ten (10) on Exhibit "D" in a . timely manner during construction. (h) Prepare record drawings. Submit item eleven (11) on Exhibit "D" to the City Engineer within 30 days of receiving field measurements ftom the City's on-site representative. (i) . Prepare and submit such other documentation as the City may require. 3.4 The City Engineer shall: (a) Provide such City project standards, including special details, insurance requirements and specifications, as the City may require. (b) Review and approve Plans and Specifications. (c) Provide a City Representative for resident construction observation throughout the construction period. (d) Provide field information to the Developer for use in preparing record drawings. (e) Conduct a final inspection and review final construction documentation. -. 3 · (f) Conduct location survey to develop Geographical Information Services (GIS) coordinates for all manholes, valves, catch basins, and se\ver/water services. (g) Recommend Acceptance of Improvements to the City. 3.5 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering Services, consultant services, City Attorney services, and City Administrator costs and shall, upon execution ofthis Agreement, place in escrow with the City cash or irrevocable letter of credit in the amount of $ which shall be applied to the payment of the cost of said services. Should the above amount exceed the cost to the City, the City shall return to the Developer all unused funds, including accumulated interest. Should the expense to the City exceed the above amount, the City will notify the Developer of additional amounts to be paid into the escrow account. The Developer shall fund the escrow account in the amount requested by the City within 15 days after notice. No building pennits shall be issued until the escrow account is funded as requested by the City. The Developer shall pay a reasonable fee for in-house administration ofthe development by the City staff and the City's consulting professionals to include but not be limited to engineers, planners and attorneys. City administration will include monitoring of construction observation, consultation with Developer and his engineer on the status of or . problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests ofreduction in security. The Developer shall pay for construction monitoring performed by the City's consulting professionals at their customary hourly rates. Construction monitoring shall include part- or full-time inspection of proposed public utilities and street construction by the City Engineer. 3.6 City as Third Party Beneficiary. The City shall not have any direct contractual relationship with the Contractor, but shall be considered a third party beneficiary to the contract entered between the Developer and the Contractor. The City shall not be liable to the Contractor for the Developer's breach of a duty to the Contractor. 3.7 Easements. The Developer shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for installation and maintenance of The Improvements. 3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurance certificate shall be in a form approved by the City, and shall be delivered to the City at least three days prior to the commencement of any work on the Improvements. Such insurance shall remain in full force and effect through the end of the warranty period described in Section 3.12. .~ 4 - . The Developer shall cause each person with whom Developer contracts for the construction and installation of any Improvements to provide evidence of insurance. Said coverage shall include Contractor's General Liability, OwnerÆngineer Protective Liability, Automobile Liability, Contractual Liability, and Worker's Compensation coverage. The City and the City Engineer shall be named as an additional insured on such policy by endorsement. The Developer shall provide builder's risk insurance if there are any structures to be constructed as part of the development (lift stations, pump houses, etc.). All insurance coverage shall be provided in accordance with City specifications. 3.9 Perfonnance Security. Prior to the actual construction of the Improvements pledged to be constructed by the Developer, then in that event, the Developer shall post with the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such improvements, conditioned upon the faithful construction ofthe improvements according to the Plans and Specifications, and final approval of the City Engineer, and the tenns of this Development Agreement. As the improvements are partially completed, the Developer may request the City to release a portion of the Security representing the cost of the completed improvements as detennined by the City Engineer, but at all times there shall be Security in . an amount of at least 125% of the estimated cost of the unfinished improvements. If the construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the perfonnance security required by this section. 3.10 Labor and Matenalman's Bond. Upon execution of this Agreement, the Developer shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen perfonning labor or services, and all supplies or materialmen providing materials for the Improvements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of all laborers and materialmen in the fonn of release, signed receipts, or lien waivers. Ifthe Developer contracts with a single Prime Contractor, and all construction contracts are under control ofthe Prime Contractor, the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and/or material provided by the Prime Contractor. 3.11 Warranty Bond. The Developer shall fully and faithfully comply with all the tenns of any and all Contracts entered into by the Developer for the installation and construction of all The Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance ofthe Improvements. In addition to the Security required by Section 3.10 herein, the Developer hereby warrants and shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of two years following the City's final acceptance of the 5 · Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. 3.12 Completion Date and Inspection. The work the Developer is to perfonn under this Agreement must be done and perfonned by Developer in a good and workmanlike maimer and completed by the date set in paragraph 3.2 of this Agreement. The stonn sewer, water and sewer mains, roadways, and all other improvements called for in the Plans and Specifications will be subject to the inspection and approval of the City and the City Engineer, and in case any material or labor supplied shall be rejected by the City or the City Engineer, as defective or unsuitable, then such rejected material or labor shall be removed and replaced with approved material or labor, to the satisfaction and approval of the City, entirely at the cost and expense of the Developer. 3.13 Damage to City Infrastructure. Developer shall promptly repair, at the Developer's expense, any damage to the City's existing infrastructure. Repairs shall be to original condition or better. 4.0 FUTURE IMPROVEMENTS 4.1 Future Improvements. The Developer and City hereby ackno\vledge that celiain . improvements, not included as the Improvements outlined herein, will have to be constructed at some future date to complete service to the Development. These improvements, known as "future improvements" include the following: Check all that apply: - Sanitary Sewer - Holding Ponds Water Main Lift Station - - - Stom1 Sewer 4.2 Developer's Consent to Petition. If a petition to construct any or all of the above future improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 429, is received by the City from affected property owners, the Developer shall be considered an automatic signer of said petition for all affected properties within the Development remaining under his ownership or otherwise under his control, the Developer being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by Developer. 6 . 4.3 Developer's Consent to Council Action. If the City, not having received a petition to construct any or all of the above future improvements, detennines that construction of certain future improvements is necessary and in the public interest, the Developer shall be considered an automatic signer of a petition for said improvement or improvements for purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signature shall apply to all affected properties within the Development remaining under the Subdivider's ownership or otherwise under his control, the Developer being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by Developer. 5.0 PHASED DEVELOPMENT Ifthe development and improvements which are the subject ofthis Agreement are a portion of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases ifthe Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. . 6.0 CHANGES IN OFFICIAL LAND USE CONTROLS For two (2) years rrom the date of this Agreement, no amendments to the City's Comprehensive Plan or official land use controls shall affect the use, development density, lot size, lot layout, or dedications of the development which is a part ofthis Agreement unless required by State for Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent pennitted by State and Federal law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of this Agreement. 7.0 GENERAL TERMS AND CONDITIONS 7.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the tenns of this Agreement. 7.2 Proof of Title . The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer's interest in the Development is fee owner. Prior to execution ofthis Agreement, the Developer shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof of title acceptable to the City. 7 7.3 Binding Effect on PaIiies and Successors. The tenns and provisions of this Agreement shall . be binding upon and accrue to the benefit ofthe heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 7.4 Notice. Any notices pennitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Clerk! Administrator City ofSt. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Developer at: . 7.5 Acceptance and Ownership of Improvements. The City will accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his knowledge and belief, the improvements have been completed in confonnance with the tern1S of this Development Agreement and all documents incorporated herein by reference. Upon completion ofthe work and construction required by this Agreement and final approval and acceptance by the City, the improvements lying within public easements in the development shall become City property without further notice or action. 7.6 Incorporation of Documents by Reference. AlJ general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in fulJ. 7.7 Indemnification. The City and its officers, agents and employees shall not be personally liable or responsible in any maImer to the Developer, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character \vhatsoever arising out of or by reason of the execution of this Agreement, or the design, perfonnance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer shall hold the City and City Engineer hannless from claims by 8 · third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third parties. 7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development of the Property. 7.9 Streets. (a) During any period of spring weight restrictions, when the streets within the Development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons or less. (b) The Developer shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and -, convenience. In the event the Developer fails to clean the streets within 48 hours of ~ the direction of the City, the City may undertake the work and seek reimbursement from the security provided by the Developer as set forth in paragraph 8.15(c) of this Agreement, or alternatively, assess the cost against property owned by the Developer within the City. (c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer's expense. 7.10 Erosion Control. The Developer shall comply with all requirements of the "General Storm Water Permit for Construction Activity" issued by the Minnesota Pollution Control Agency for construction activities. In addition, the City may impose additional erosion control requirements if in the opinion ofthe 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 shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion ofthe work in that area. Seed shall include 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 is ofthe essence in controlling erOSIOn. 9 · 7.11 Site Grading. (a) Site grading shall meet all of the requirements set forth in the City's Development Manual, and in the General Stonn Water Pem1it for construction. (b) When the site grading has been completed: 1. The Developer shall verify by field survey that the site grading has been completed in accordance with the approved grading plan submitted with the preliminary plat documents, as modified by the construction plans. The Developer shall submit the verified site plan to the City for approval. 2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The approved site grading plan shall become the Development Plan. 4. The Developer shall make the Development Plan available to subsequent owners of the lots purchased from the Developer, and to their builders. Upon completion of the final lot grading by the lot owner, elevations shall closely match those set forth on the ,- Development Plan. ~ 7.12 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fullyperfonned all 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 finding that the Developer has fully complied with all the tenns of this Agreement and finding that the Developer has completed perfonnance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. The issuance of a Certificate of Compliance does not release the Developer or any Surety from warranty responsibilities arising under Section 4.12 herein. 7.13 Public Land Contribution. (Option 1)_ The subdivider shall contribute S to the City Park Fund in lieu of a dedication of land for parks, with payment to be made upon execution of this Agreement. (Option 2)_ The subdivider shall dedicate as public park or other use as detennined by the City to be in the public's best interest that portion ofthe Property so designated in the proposed final plat. 10 · Dedication. In accord with the City's parkland dedication policy, Developer is required to provide the City with approximately square feet of land for park and open space purposes. Based upon the above, the City will provide Developer with credit for square feet of parkland dedication less amounts used for the holding pond the size of which is yet to be detennined. Developer will not receive credit for the holding pond area located on the park property (which area shall be detennined by the City Engineer and subtracted from the above referenced credit) or the portion ofthe park covered by wetlands. The park property shown on the Preliminary Plat must either be dedicated in the first final plat of the Development Property or deeded to the City by Warranty Deed simultaneous with the recording of the first final plat for the Development Property. 7.14 Time ofPerfonnance. The Developer shall install all required public improvements for the Development prior to the issuance of building pennits by the City, with the exception of the final wear course of asphalt on streets. The wear course on streets shall be installed between August 15 and October 15 the first summer after the base layer of asphalt has been in place one freeze-thaw cycle. The Developer may, however, request an extension oftime from the City. If any extension is granted, it shall be conditioned upon updating the secm1ty posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this timeframe must have the written approval of the City Engineer. - - 7.15 Ponds. (a) Dedication of Pond Areas. The Developer will dedicate to the City the property shown for stonn water or sedimentation holding pond purposes on the Preliminary Plat and/or as required by the Plans and Specifications. Said dedication shall include an access drive to the pond site. Developer will dedicate the drainage and stonn sewer utility easements shown on the Preliminary Plat and/or as required by the Plans and Specifications. The Developer agrees that all holding and sedimentation ponds and drainage easements as shown on the Preliminary Plat or as required by the Plans and Specifications are required for the development of the Development Property. (b) Cleaning of Ponds. At such time as the City Director of Public Works detennines that construction on the Development Property has been sufficiently completed so as not to cause significant erosion which will contaminate the holding ponds servicing the Development Property, Developer will clean/dredge all holding ponds and stonn water pipes on the Property. In the event the ponds require cleaning/dredging prior to the completion of all such construction, the City Director of Public Works may request that the Developer complete more than one cleaning ofthe holding ponds. (c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property whether such ponds are located on City owned property, easements running in favor of 11 · the City or on private property must maintain a minimum of an 8 foot natural buffer from the high water mark. Nonvithstanding the above, one access to each pond may be created by the City in a location determined by the City in its sole discretion. Developer shall be responsible for the cost of signage around said buffer areas indicating that the buffer is part of a wetland restoration project which may not be distributed without the written permission of the City. Said signs shall be posted in locations reasonably determined by the City. 7.16 Storm Water. The Developer shall pay for st01111 water and drainage improvements on the current development phase the greater of either (a) $.20 per square foot of the "Net Developable property", or (b) the actual cost (labor and materials) plus related engineering cost for st01111 water improvements. "Net Developable Property" is defined as the gross land area minus street right-of-way and other land area dedicated to the public. "Stornl Water Improvements" are defined as all storm sewer pipe, catch basins, manholes, riprap, and holding ponds installed by the Developer's Contractor. Ifthe Developer does not expend at least S.20 per square foot of Net Developable Property on stornl water improvements, Developer shall remit the difference between the amount actually spent on storm water improvements and the $.20 per square foot to the City. This cost differential will be used for downstream storm water improvement costs which may have been, or will be, incurred by the City. Developer shall provide the City with a schedule of values for st01111 sewer improvements when the project is substantially compete. Upon approval by the City of the - schedule of values, the City will invoice the Developer for the amount due. Payment is due - within n\'o v,reeks of the date of the invoice. [CHECK IF APPLICABLE: PHASED DEVELOPMENTS ONLY.] - The Developer anticipates that the first phase in the development of the Development Property will incur storm water charges for the benefit offuture phases of development of the Development Property. Therefore, charges to Developer for st01111 sewer in phases after the initial phase of development will be adjusted to reflect credits for amounts previously paid from prior phases completed by Developer. 7.17 Monuments. Developer may place, at Developer's sole cost and expense, identification monuments on the entrances to the Development Property pursuant to City Ordinance regulations. The location and type of monuments must be approved by the City Engineer prior to installation. Prior to installation of any monuments on the Development Propeliy, Developer must create an association to maintain said monuments. The association documents must be approved by the City's attorney and originals provided to the City's attorney for recording against the Development Property. 7.18 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incuned 12 ~ . by the City in connection with all matters relating to the negotiation, administration and enforcement ofthis Agreement and its performance by the Developer. Developer shall also reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development. Developer shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. Such reimbursement shall be made within 14 days of the date of mailing the City's notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building permits until all costs are paid in full. The City may further declare a default and collect its costs trom the security deposited in accordance with Section 4.5 of this Agreement. 7.19 Renewal of Security. If any escrow account or bond deposited with the City in accordance with this Agreement shall have an expiration date prior to the Developer's obligations hereunder being complete, the Developer shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security or renew such security shall constitute a default and the City may place a moratorium on all construction or other work related to the Development, refuse the issuance of building permits, and declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the . City as a security deposit in the same manner as the security theretofore held by the City. 7.20 Platting. Developer must include all of the Development Property in the final plat of the first phase of the development, with future phases of the development platted as Outlots. The final plat must be recorded prior to the City or Developer initiating the installation of Municipal Improvements on the Development Property. 7.21 Utility Location. Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. Developer may receive an exemption trom this requirement if Developer demonstrates to the City Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. 7.22 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. lfthe Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict or impede access within the easement area by a person or vehicle. 13 · 7.23 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and installation of street lights and street signs. Developer will name all streets within the Development in accord with City Ordinance regulations. The improvement shall not be accepted until installation of street lights and street signs is completed. 7.24 Wetlands. Developer shall take the following precautions to protect "any wetlands within" the Property, as that term is defined in Minnesota Statute Section 1038.005, Subd. 19; (a) Upon completion of the site grading, place signs on any lots containing wetlands or drainage easement providing notice of the location of the wetland or drainage easement. The signs shall be in a form and size as prescribed by the City and available for purchase through the City Administrator/Clerk=s office. The location and number of signs for each lot shall be as required by the City Engineer. (b) Prohibit filling of wetlands so long as Developer is the owner of the affected lot. (c) Developer will, simultaneous with recording of the initial plat for the Development Property, provide an easement and development restriction to the City protecting the wetlands areas located within lots shown on the Preliminary Plat. Said easement and development restriction shall be drafted by the City Attorney and must provide that the wetlands located on the lots shown on the Preliminary Plat may not be filled or - distributed ·without the pern1ission of the City, which it may deny in its sole -. discretion, and any other applicable agency. Developer will provide signs on the Development Property indicating the location of the protected wetlands. All signs and locations must be approved by the City prior to installation. (d) Notwithstanding anything in this Agreement to the contrary, the Developer shall be responsible for all wetland mitigation which is required for construction of any of the Municipal Improvements, and Developer shall be responsible for all wetland mitigation which may be required because of work done by or under the direction of the Developer in the areas designated as future park. Developer will complete and pay for all permitting, credit purchases, and/or other mitigation costs which may be involved. The City may, however, take action to minimize charges or costs to the City in the event the Developer fails to obtain all permits and complete all mitigation which may be necessary for the construction of the Municipal Improvements andíor work in future parklands. 7.25 Proiect Specific Requirements. 14 . 7.26 SAC/W AC and Trunk Charges. (a) Water and Sewer Connection Charges. Water and Sewer Access Charges shall be paid by the owner of each lot at the time the building permit is issued. Charges shall be those in effect at the time the permit is issued. (b) Water and Sewer Area Trunk Charges. Developer shall pay at the time of approval of each final plat for the Development Property sewer area trunk charges and water area trunk charges in accordance with City policy in effect at the time of such approval. 7.27 Default and Remedies. If Developer fails in any way to perform or observe any covenant, condition, or obligation contained in this Agreement the City may do any, all or any combination of the following: (i) halt all further approvals regarding platting, improvements or issuance of building permits or occupancy permits relating to the Development Property, (ii) seek injunctive relief, (iii) terminate this Agreement and all of the obligations contained herein without terminating Developer's obligation to reimburse the City for costs it has incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize any funds or other security which have been provided to the City pursuant to this Agreement; . and/or (v) take any other action at law or in equity which may be available to the City. 7.28 Assignment. This Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 7.29 Integration. This Agreement contains all ofthe understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 7.30 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 7.31 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 7.32 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. Developer is hereby advised to seek independent legal advice prior to execution of this Agreement. 7.33 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of - the plat, unless according to their terms are intended to terminate earlier: 15 - . Signed and executed by the parties hereto on this day of ,20_ ATTEST CITY OF ST JOSEPH By By City Administrator/Clerk Mayor (SEAL) DEVELOPER: By Name Title . STATE OF MINNESOTA ) )ss COUNTY OF ) On this _ day of , 20_, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk of the City ofSt. Joseph, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator/Clerk acknO\vledged said instrument to be the free act and deed of said corporation. Notary Public - 16 - . STATE OF MINNESOTA ) )ss COUNTY OF ) On this day of , 20~, before me, a notary public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the President of , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. . 11 Seventh Avenue North P.O. Box 1433 S1. 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'-- ~ " 0) ,../ \ ~ ~ ~ ~ I '" I " 0 ~~; ~. \ 0 ~~~ Ð " "1 ~ 4.lN ~ ....... _ i \ "-...;;t a;§2 § .......-._ I \ \ "-----L .-----/./ 1;; ð]~ - "I .---- CII -0 c m ....... I ,Ii ~~f 'ë "- I I /,.............. _____ a.. '\. \ I I / ""'------, ~ , .. \ g ,"- I I / \ ........... ~ "I / i .~ " " I I : ~ " '-._/ i. _I . i j ~ ~ ' ~.-. . I "\ o , ~ . ._---~~---.. .-_.... I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION North east/west Corridor Study DATE: May 5, 2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM North east/west Corridor Study PREVIOUS ACTION The City along with Steams County has received federal funding for the Corridor Study for the North east/west study. The City has received approval of the Project Memorandum from the State and can move forward to draft and request RFP's. . RECOMMENDED COUNCIL ACTION Authorize the soliciting of Request for Proposals for the Field Street Study and to appoint an Interview Committee. FISCAL IMP ACT COMMENTS/RECOMMENDATIONS The interview committee for the Field Street Corridor included two members of the City Council, the Public Works Director, City Engineer, Representative from APO and the City Administrator. The committee size worked well and we would recommend using the same structure. . ~ì Minnesota Department of Transportation !if ~ State Aid for Local Transportation ?;; Z K ~~<~ ~ Mail Stop 500, 4th Floor OFn¡",~ 395 John Ireland Boulevard St. Paul, MN 55155-1899 Fax: 651 282-2727 · April 25, 2005 Joseph Bettendorf SEH !ReCE!fV;:#~'" 1200 25th A venue South - ..·...r-:-.' jjPi? ~ St. Cloud, MiIll1esota 56302-1717 .. \ l M 2 . ~ ,; 005 f"JTY SUBJECT: SP 233-020-01, STPX 7305(156) ...., OF ST. JOSËP~1 Preliminary Engineering for Northern Corridor Study Project Memorandum Approval Dear Mr. Bettendorf: Your detennination that this project is a Categorical Exclusion, in accordance with the Federal Aid Policy Guide Sec. 771.117 (c)(1), is approved by the FHW A in accordance with the Mn/DOT- FHW A Programmatic Categorical Exclusion Approval Agreement (dated 2/18/98). Location and Design are hereby approved in accordance with the provisions of the FHyV A-Mimlesota Stewardship Plan. A copy of the approved Project Memorandum is enclosed. Once the project is authorized an agreement for the facilitation ofMnDOT handling the federal funding will follow. You will need to contact the EEO Office ofMnlDOT at 651-297-1869 to discuss setting a DBE goal for your project. If a DBE goal is set for the project, you will be · provided with language which must be included in the RFP and the EEO office will need to clear the contract prior to a\vard. Their role is to assist you in complying with federal contracting regulations. Once selected, but prior to being put under agreement, the consultant will need to submit infonnation to MnDOT for a Pre-Award Audit. The audit is for the city's protection and for ease of auditing the project upon its conclusion and close out. Please contact me for the packet of infomlation that your consultant will need to provide. If you have any questions, please do not hesitate to contact me at 651.282.6479, or bye-mail at <L ynnette.Roshell@dot.state.Inn.us>. cc: Kelvin Howieson--DSAE Joarme \Vagner-EEO Office Judy Weyrens-St. Joseph Mitch Anderson-Steams County · File An equal opportunity employer Form SA1 FHW A-MINNESOTA STEWARDSHIP PLAN REQUEST FOR ENVIRONMENTAL APPROVAL . State Project Number(s): 233-020-01 Route: NORTH CORRIDOR ROUTE Federal Aid Project(s): STPX7305(156) County: STEARNS City: ST. JOSEPH Project Termini: CSAH 3 TO THE ST. CLOUD CITY LIMITS Type of Work: PRELIMINARY ENGINEERING Categorical Exclusions: The proposed action is determined to be a categorical exclusion in accordance with FA POLICY GUIDESec 771.117 (C)(1) or as Action _ on Attachment "A" of the PCEAA: (Project documentation attached) Environmental Status: NA Section 4( f) ( ) The proposed project will not use any Section 4(f) lands. ( ) The Programmatic Section 4(f) Statement for Independent Bikeway or Walkway Construction Projects applies. Historic The provisions of the National Historic Preservation Act (NHP A) have been satisfied by determination of ( ) no effect per the MnlDOT -SHPO Programmatic Agreement ( ) no historic properties affected supported by MnlDOT's Cultural Resource Unit . ( ) no adverse effect determination supported by MnlDOT's Cultural Resource Unit Endangered Species ( ) The project is in a county that has no listed federal/state endangered species. ( ) The provisions of the Endangered Species Act have been complied with. Right of Way _0_ hectare(s) to be acquired, _0_ hectare(s) of temporary easement. Farmlands ( ) The proposed project will not impact farmland. ( ) The provisions of the Farmland Protection Policy Act (FPP A) have been complied with. Section 404 ( ) The proposed project does not require a Section 404 Permit. ( ) The proposed project requires a NATION\VIDE Section 404 Permit. Floodplains ( ) The proposed project will not encroach into a floodplain. ( ) The proposed project encroachment will be non-significant (Executive Order 11988). Wetlands ( ) The proposed project will not impact or encroach into a wetland. ( ) The proposed project impacts or encroaches upon a wetland and the provisions of Executive Order 11990 have been complied with. Other The proposed project will not significantly impact ( ) noise levels, ( ) air quality, or ( ) other social/economic areas. APPROVED FOR FEDERAL HIGHWAY ADMINISTRATION CITY OF SAINT JOSPEH, MINNESOTA And STEARNS COUNTY . PROJECT MEMORANDUM FOR PRELIMINARY ENGINEERING AND ENVIRONMENTAL REVIEW State Project Number: S.P. 233-0~O-Ol .I\'Iinn Project No: STPX 7305(156) FOR PROPOSED PROJECT: North Bypass Route and CSAH 2 Realignment LOCATION: The North Bypass route is from CSAH 3 on the west to the St. Cloud City Limits at the east. The CSAH 2 realignment is from 1-94 on the south to the intersection of CSAH 3 and the new North Bypass route. Both roadway improvements will be on new alignments. IN THE CITY OF: Saint Joseph, Minnesota PROPOSED WORK: Conduct environmental studies and prepare environmental documentation as required by FHW A regulations and NEP A and in accordance with approved Minnesota Highway Project Development process, develop full range of alignment alternatives, select preferred alternative, develop preliminary layout, and prepare and file official map of right-of-way needs for each alignment. . Recommended H ~~~ ,-I 2.q / b ~ Date City of : aint Joseph ~~kIf {/ tJ~ 3 / g /ð~ Stearns County Engineer I 'Date S I \û fû Date fß6h\ Date . North Bypass and CSAH 2 Realignment Page 1 Project Memorandum City of St. Joseph, Steams County ~ ~ m ~ -g ~ ã¡8 ." 5 .Ç c.. Z Q)"Ë~ .g ~ ,! E Jg ~ 5 ~~ 5 § m]::E 0 ..::: .c: -- .~¡:? In 8 . Ü c a. ;~' ö: ~ ¡;; .. 0 Q) ... If>%E ~ -:¡::¡ U) ¡¡¡ëm . 2m 0 'tI fi ~ ~. ~ m m () ...., :E: ~ I ·10 0 d B~ û5 ~ u5 ~ ~ W j l~ ~~ ",\", Q) L ~ '- ... , . ~~~f l , rA~ CD I. 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'--r-- - I :a.... \-.l, w ~ '--- /+ I I - '-1 ____ _ 1+-- ~c-µ ! u- ~ f- f- ~1 :5 '-- -'- I I 1'-.1--- ~ \ ë , I ~ ~ I ¡ à 1 ~ r- Er-r - 1- Wn r)J Î--~ ,,-, J I 'f-.... l I t-' L. r i In ~ , 3: (pxurede:lspUI'!l t ~xç-s UO!Je:l0l feoo]6s}J\OOBOV03or l.S,^SpefOJd\:J) :Iuewn:>oo dey., <J) ë Q) E c: .2> rn Q) ~ <J) og ~ Q) '5 Q) .- 8_ "- 0- -oë o <J) c: ~ (\ 0: ro ::J :2: c 0> I ró c (\ E Z N (/) c , _2 (/) .Q> :2: ~ . 13 (\- .s::: ::I i O-(\ 0 >.0> 0- tn ...J aJcr: 0> ~ >. .eN (/) 0 -0 tI ...., ::J 0« û) Z(f) Ü <p,nLr8~;TSpu~ t p;: ç-g UO;le?Ol !'pn:¡~.oo BO~3orlSV'Sþ~d U;:tS:z -SOOll9 . . Já\:~) :¡üa~"'" Hi xo d~'~ OPENING STATEMENT This Project Memorandum has been prepared and submitted in accordance with the approved . Highway Project Development Process. PROPOSED PROJECT DESCRIPTION The proposed project includes the construction of two-lane "North Bypass" roadway from CSAH 3 to the Saint Cloud City limits and the realignment of CSAH 2, from 1-94 to the intersection of CSAH 3 and the new North Bypass alignment. Both alignments require acquisition and/or dedication of right-of-way and new construction. Describe the location of the proposed project, including: Route: North Bypass alignment and CSAH 2 realignment. North Bypass Termini: CSAH 3 (west) and St. Cloud limits (east). Assume 120-foot right-of- way corridor. CSAH 2 Termini: 1-94 (south) to the intersection of CSAH 3 and the new North Bypass (north). Assume 120-foot right-of-way corridor. Proposed Improvement: Construction of two-lane roadways on new alignment. City, County: City of St. Joseph, Steams County. Proposed Construction Cost: Unknown. . Anticipated Construction Year: North Bypass - Unknown, CSAH 2 realignment - 2008. PROPOSED PRELIMINARY ENGINEERING AND ENVIRONMENTAL REVIEW WORK: Conduct environmental studies and prepare environmental documents as required by FHW A regulations and NEP A, and in accordance with the approved Minnesota Highway Project Development process, develop preliminary layout, and prepare and file an official map of the right-of-way corridors. Deliverables: Environmental studies (assumes EA), layouts/construction plans, and official map. Cost of Work: Approximately $371,000 which $200,000 is federal funding. Type and % of federal and matching funds: 54% federal; 46% will be local funds provided by Mn/DOT State Aid, the City of S1. Joseph and Steams County. Anticipated Schedule to complete services: begin project development process April 2005; complete approved layout, environmental documentation, and official mapping August 2006. . North Bypass and CSAH 2 Realignment Page 4 Project Memorandum City of St. Joseph, Steams County Project Managers: · Judy Weyrens Mr. Mitch Anderson, PE St. Joseph City Administrator Stearns County Engineer City of St. Joseph, Minnesota Engineering Department 25 College A venue N 455 28th Ave S PO Box 668 Waite Park, MN 56387 St. Joseph, Minnesota 56374-0668 320.255.6180 Fax 320.255.6186 320.363.7201 Mitch.Anderson @Co.Stearns.Mn.Us iweyrens@citvofstioseph.com Preparer: Joe Bettendorf, PE SEH 1200 25th A venue South St. Cloud, Minnesota 56302-1717 320.229.4391 (direct) ibetten dorf@sehinc.com FEDERAL ACTION DETERMINATION STATEMENT In accordance with the Federal Aid Policy Guide, Sec. 771.117( c)(1), it is detennined that the proposed preliminary engineering and right-of-way acquisition work is a Class II Action · (categorical exclusion) anticipated to have no foreseeable change on the quality of the human environment. =" :\''-''joe\OlO800\0208.02\proje<'rremo.dœ · North Bypass and CSAH 2 Realignment Page 5 Project Memorandum City of St. Joseph, Steams County . I Attachment: Yes orNo I REQUEST FOR COUNCIL ACTION Northland Heights - Petition for Services DATE: May 5, 2005 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Northland Heights - Petition for Services PREVIOUS ACTION The Planning Commission and City Council have reviewed a concept plan for the development of a plat entitled Northland Heights. The original plat contained 169 single family homes and the plat would be developed in three phases. Since the concept plan, the developer, Lumber One, has changed the concept by adding a section of twin homes. The preliminary plat is in the process of being reviewed and the hearing will be scheduled for May 16 or May 23. Lumber One at the time of concept requested to utilize . public financing. The City has authorized public financing before and it has worked for both the City and Lumber One. RECOMMENDED COUNCIL ACTION Adopt resolution 2005-12 declaring the petition adequate and authorize SEH to prepare a feasibility report for the improvements. Approval for the feasibility report should include the contingency that Lumber One is responsible for the cost of the study and will reimburse the City for the same. FISCAL IMP ACT Provides the funding mechanism for the corridor studies. COMMENTS/RECOMMENDATIONS The City will be attaching the financing of the Transportation Corridors to the same bond issue. The corridor studies include the South east/west and North east/west. In order for the City to bond for the improvements, a portion of the project must be assessed. Therefore, attaching the corridor study to an improvement project that is 100% assessed provides the City the opportunity to fund the studies. . MaY. 2. 2005 11:23AM LUMBER ONE,AVON !NC. No.2568 p. 3/3 CITY OF ST. JOSEPH · PETITION FOR LOCAL IMPROVEMENT ST. JOSEPH, MINNESOTA May 2,2005. To' the City Council of st. Joseph, Minnesota: We, the owner of real property known as Northland Heights hereby petition that such area be improved with street, curb, gutter, water and sewer pursuant to Minnesota Statutes, Chapter 429, and that the city assess the entire cost of the improvement against our property described below and hereby agreed to pay the entire cost as apportioned by the city. Signature of Owner Description of Property See attached Preliminary Plat, 1.~~ Phase One Boundary and Legal Description for Phase One. Z'/ 3. 4. · Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. · MaY· 2· 2005 11:22AM LUMBER ONE,AVON INC. No.2568 p. 2/3 . Lumber One p.o. Box 7. Avon, MiMeSota 56310 Phone (320) 356-734Z FAX (320) 356-7631 May 2, 2005 Ms. Judy Weyrens City Administrator 25 Col1ege Avenue North P.O. Box 668 St. Joseph. :MN 56374 Dear Judy, Lumber One Development Company, LLC is requesting that the St. Joseph City Council authorize the City Engineer to proceed with the development of the feasibility report for . Northland Heights phase one, Lumber One Development Company, LLC wìl1 reimburse the City of St. Joseph all costs to com.plete the feasibility study for Northland Heights phase. one upon receipt of invoice. If you have any questions or comments, please contact me as soon as possible. Z~ ./ - -- ;., Chief Manager Cc: Chad A Carlson, Land Development Coordinator . CITY OF ST. JOSEPH CC RESOLUTION 2005-12 . RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT Northland Heights BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. A certain petition requesting the improvement of the area known as Northland Heights by constructing street, curb, gutter, water and sewer services, filed with the council on May 5,2005, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 2. The petition is hereby referred to Joe Bettendorf of SEH and that person is instructed to report to the council will all convenient speed advising the council in a preliminary was as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether is should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the council the 5th day of May, 2005. . Mayor City Administrator . Minnesota Lawful Gambling 12/04 LG214 Premises Permit Application Page 1 of 2 · FOR BOARD USE ONL V (see Required Attachments on Page 2) Annual Fee $150 Check # $ Organization information . Organization name Organization license number r JZíStiPi+l?ECf!elt71 OA/A-f...-, ÁS£N 13 .- 029dx; Name of c.hief executive officer (CEO) Daytime phone number /1/ " BIfDB '? Gambling premises information .. Name of establishment where gambling will be conducted Street address (do not use a P.O. bqx number) D5l) S; ¡. .1.1 /J I iA./ ¡L!¡ 11J1£:.Sf.l!:tt (S' (- City or township County Zip code sr- _. 1/( ~3Irnl<!/l/s ~/3-7¿ ~ Does your organization own the building where the gambling will be conducted? _Yes X-No If no, attach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank nªme Bank account number . 1. t?S¡ SÌ7?173-- E?H/lfl!:.. Bank street address City State/Zlp code 4âú Ljft"-.Jfl/ &' IL.£ -c;r .¿:To AÐl1 ¡;.f (i/ Þj7t..,:/-·7 l. t·· ,"" Address(es) in Minnesota of off-sites tor ages pac of gambling equipmentand records related to this site · . Ad~re¡S . (Do not)!.§:l P.O. box ~mber) f '':7 ..., ,. City State/Zip code ¡ .)t- 0· j ..~ ~"7~~/ F , . ¡ f , >.fl.? 1 r;v'- C:I..ß~ ,!j.- 'CÆ _ J - , "-... .;<'-;'" W" IV ,~7(¿;?'t':''"} I ~/ '-. _ '" ----J J t.-7¿f<,,<-,' ," / I ; , Bingo occétsions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion must be at least 1-1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. ~ Beglnnina/Ending Hours lli!Y Beglnnlng/Endlna Hours to to to to to to to to to to Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of intoxicating beverages on the premises under chapter 340A. Check the day(s) that noon hour bingo will be conducted. _Sunday _Monday _Tuesday _Wednesday _Thursday _Friday _Saturday · LG214 Premises Permit Application Page 2 of 2 11/04 Data Privacy . The information requested on this form (and any attachments) your premises permit. When the Board issues your premises will be used by the Gambling Control Board (Board) to permit, all of the information that you have provided to the Board in determine your qualifications to be involved in lawful gambling the process of applying for your premises permit will become public activities in Minnesota, and to assist the Board in conducting a except for your social security number, which remains private. If background investigation of you. You have the right to refuse the Board does not issue you a premises permit, all the information to supply the information requested; however, if you refuse you have provided in the process of applying for a premises permit to supply this information, the Board may not be able to remains private, with the exception of your name and address determine your qualifiCðtions and, as a consequence, may which wi!! remain public. refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your Private data about you are available only to the following: Board appHcation. members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public This foml may require the disclosure of your social security Safety; the Minnesota Attorney General; the Minnesota number. If so, your social security number will be used to Commissioners of Administration, Finance, and Revenue; the determine your compliance with the tax laws of t;¡innesota. Minnesota Legislative Auditor, national and international gambling Authorization for requiring your social security number Is regulatory agendes; anyone pursuant to court order; other found at 42 U.S.c. 405 (c) (i). individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and Your name and address will be public information when agencies for which law or legal order authorizes a new use or received by the Board. All the other information that you sharing of information after this notice was given; and anyone with provide will be private data about you until the Board issues your consent. Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; . 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing laVYful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. .~~ 4f;zk'j q /1 í /r'.;-- ,Þ-- ~." l / .,.- Signature of Chief Executive Officer (Designee may not sign) Date . _I // fl· 1"11/(£J· . ,.~) Print name D I (;Jt-:-k. ~ Required Attachments NOTE: There is a monthly regulatory fee of 0.1% 1. If the premises is leased, attach a copy of your lease. (.001) of gross receipts from lawful gambling Use form LG215 Lease for Lawful Gambling Activity. conducted at the site. The fee is reported on 2. Attach the resolution from the local unit of government the Gl Lawful Gambling Monthly Summary and (city or county) which shows approval of your application. Tax Return and paid with the monthly tax 3. For each premises permit application, a $150 annual premises report. permit fee is required. Make the check payable to the "State of Minnesota." Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a 11'(, call the Board by using Mail the application with attachments to: the Minnesota Relay Service and ask to place a call to 651-639- Gambling Control Board 4000. 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format (i.e. large print Braille) upon request. . . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION DATE: April 27, 2005 EDA ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM EDA monthly report. PREVIOUS ACTION None. . RECOMMENDED BOARD ACTION For review and approval. FISCAL IMPACT N/A. COMMENTS/RECOMMENDATIONS EDA monthly report offered for your review and approval. . ~. . MUNICIPAL DEVELOPMENT GROUP, INC. DATE: April 27, 2005 MEMO TO: Honorable Mayor Carlbom Members of the City Council City Administrator Weyrens FROM: Joanne Foust & Cynthia Smith-Strack, Municipal Development Group RE: Economic Development Activity Report April 2005 Municipal Development Group, Inc. has been interacting with a number of prospects throughout the past three and a half years. Following is a summary of activities that have transpired. If you have any questions on any of these or other projects, please do not hesitate to contact us at 952-758-7399. A project number has been assigned to protect the confidentiality of the businesses prospects. Project 01-E: This project involves the expansion of a service within the community. MDG has been keeping in touch with the project contact over the past three and a half years. The latest contacts with the prospect occurred on . April 6111 and April 20th. Project 01-F: This project has been inactive for the past several months but involves a national commercial enterprise. MDG continues to occasionally follow up on the lead, including most recently on April 13th. Project 01-1: This business originally contacted the City in 2001. In 2002 they noted their project was on-hold. The company contacted MDG again in June of last year requesting information on available commercial sites in the City. MDG has forwarded additional information and remained in contact with this prospect, most recently on April 6th and April 20th. Project 02-L: This prospect owns industrial incubator lease space in the City of St. Joseph. MDG contacted the project representative on March 23rd re: Project 05-B's interest in industrial lease space. MDG and the project rep. spoke/exchanged emails several times on the March 23rd, 28th and 30th. Latest contact occurred on April 6th and 13th. Project 02-R: This contact owns a business in the area and is currently Jeasing space. In 2004 the developer entered an agreement to purchase an 8+ acre industrial site in the City. The developer is not prepared to undertake development on the parcel at this time. MDG continues to remain in contact with the prospect most recently on March 30th via email and April 20th by phone. Project 03-A: These developers are interested in a large highway commercial development in an area not yet annexed into the City. MDG has been working with them over the past few years. Follow up and discussion continues on . a routine basis. MDG followed up with this lead via email on April 6th and 27th and met with the prospect on April 13th. EOA Monthly Project Report April 2005 Page 1 · Proiect 03-S: This project involves the potential development of additional platted industrial acreage with a full compliment of municipal services. EDA representatives remain in contact with the potential developers including most recently on April 19th and April 20th. Project 03-U: Inquiry forwarded to MDG in October 2003 regarding a commercial development in St. Joseph. MDG, Inc. remains in contact with the prospect regarding the project. Most recent contact occurred via email on April 6th and 27th. Proiect 04-F: This prospect contacted MDG in May of 2004 regarding commercial lease space in the downtown area. MDG remains in contact with this prospect with the latest follow up occurring by email on April 6th. Proiect 04-H: This project involves an historic building in the downtown which recently changed owners. MDG met with the new property owner's representative on several occasions. MDG continues to follow up with the prospect including via email on April 6th and by phone on April 13th. Proiect 04-M: This business is currently located in another community and has committed to relocating to St. Joseph. Staff follows up with the contact on a weekly/bi-weekly basis as needed. MDG spoke with project contact on April 13th and met with the prospect on April 2th. A purchase agreement has been drafted and presented to property owners, execution of the agreement is expected shortly. Project 04-N: This business owner contacted the City in September 2004 regarding available industrial acreage. MDG · representatives have met with the prospect on a few occasions and remains in contact with the prospect and/or the associated project (i.e. 04-D) on a regular basis, including most recently by mail on April 13th. Proiect 05-A: This prospect contacted the City in March 2005 regarding a possible redevelopment project. MDG mailed general information to the prospect on March 17th, met with the prospect on March 23rd and mailed additional information to the prospect on March 25th. MDG spoke to the prospect on March 30th and met briefly with the individual later in the day. MDG met with the prospect for an extended period on April 6th, spoke with the developer on April 20th and met with the developer on the 27th. Proiect 05-B: This lead was forwarded to the Mayor by the SCAEDP on March 22"d. MDG followed up with the Mayor on March 23rd and contacted Píûject 02-L on the same day ra: the request. MDG followed up again on March 29th and phoned the project representative directly on March 30th. Follow up calls were placed on April 6th, 13th and 2th. Proiect 05-C: This lead was forwarded to the Mayor by the SCAEDP on March 29th. MDG followed up on the lead on March 29th. The prospect is looking for tax advantages in conjunction with the desire to lease industrial space. MDG performed additional information on March 30th re: JOBZ acreage. Spoke to DEED, Region 5 and West Central EDC representatives. Timeline is extremely tight. After speaking with reps from DEED, Region 5 and West Central EDC it appears JOBZ assistance for this project is not warranted/feasible. Project 05-D: This confidential potential lead was forwarded to the City on April 20th. Proiect 05-E: · MDG met with this prospect on April 20th regarding commercial lease space adjacent to CSAH 75. EDA Monthly Project Report April 2005 Page 2 Other: MDG is part of the TAC for the southern collector street corridor study. MDG represents the EDA and will act . as an information conduit between those facilitating the study and the EDA. MDG has been asked to provide active leadership in the formation and facilitation of a downtown redevelopment committee. A required annual progress report on the Minnesota Investment Fund grant/loan to St. Joe Development LLC in conjunction with the expansion of the VicWest facility was forwarded to the Minnesota Department of Employment and Economic Development. . . EDA Monthly Project Report April 2005 Page 3 ~ 'rfANN~A~~~PL4YERS 25 DEGREES i !J ~~_ji~:. --- .-- , , ¡ - -- - í I ., ~ ,j i j ~~=-~ I ,'.,'-'-{"- ! i-q::::' ""A: !tflif&\f~!lIi.1_i iì¡_~_l_1ttit i j j .------,~-<'..:"? --{ ~-- '--- ~'::"---t /'-;- ,- í ~;i,"; /."-'7"-~ ¡~ ; I};& h~~ ii&;",~ m:l / "I ;-~ J~ ~~-- [1i1JiJ~\'I!~_IÎl'f&1_ ¡litt\li1~ï_tJ'11~1¡~r (jjJf}!l1J{§fXJy fJJj --=~ Jt SPORTINÇj JZLcTTR:NATÍVT SINCE 1981 ------_..-~-- - COU NTY OF STEARNS . Assessor's Office IRECEHVED Administration Center RM 37 + 705 Courthouse Square + St. Ç~.l}d M.N 56303 320-656-3680 + FAX 320-656-3977 f·, Ii. ,2 6 2005 CITY OF ST. ,JOSEPH April 18, 2005 Judy Weyrens St Joseph City Clerk PO Box 668 St Joseph, MN 56374 RE: Local Board of Appeal and Equalization Dear Judy: The enclosed changes were taken by the city council as a result of the recent local board of appeal and equalization meeting held for the property owners of your city on April 5,2005. The attached list is a compilation of finalized values and classifications for properties that were . reviewed and acted upon at the meeting. These locally certified values and classifications are for the 2005 assessment, for taxes payable in 2006. At this time, personnel from the Stearns County Assessor's Office have informed all property owners regarding the decision made on their particular grievance. It is advised that any further discussion of these property assessment matters can be addressed by the aggrieved owner at the County Board of Appeal and Equalization set for June 13,2005 at 9:00 a.m. If you have any questions, you may feel free to contact me. Sincerely, I Ro-b:tTi~<l~ Robert Lindvall, A Senior Appraiser Stearns County Assessor's Office enclosure -""'-- ~ 175-8898 "Affirmative Action / Equal Opportunity Employer" ----- j ~, . :51 13 ~¡ ~ .g V) tn¡ ~ '- (I) -- ~ ;~ ~ G 01 ~ g ~co S II) tfJ ~ -0 \It ~ ~ ö~ð 0. a ~ .s> "i!- g g Q)2 0 cý) C0 C) §~ c? ~ ~ N Ñ Ó~ 8~ ~I- - o -g~ R o~ ~~ ~ ~~ (¡') ro. u w ~~ ~ E.!: o coo ~ coo ~~ ~ § ~ ~ :J W I C ..- ë5 .!: I- Õ ~ - > ~ ~~ M ~E ~ ~~§ V)g~ g "C o....c: 1;"'E ¡; ..- ~ -- ~g 0 I ~ ~~g ~@§ -a ~ _ -ªCD g g õ?3g.§g . ~ ~~§ : ~ ~ ~ ~ ~;f3 ~ " 0 to ~ .:21:) ~ 8 g ~~ a E ~ 2 a. e g-, ~?- Õ g ë :¡:t; .- ..c c -5~ N ~ æ~ R g . 1,). c: 0 - _ '- 8 8 .<,/¡ E C') N 2..g ê ~ ð ;: ..- ~ e § ~I~ o «- tfJ ~ 0 0 8"8 ~ ~ ~ ~g .g §;; ~ - c. 0 or.; V) ;t .2 g I "U Ò -.:i ~ ~ ~ ~. g -g g : ('.,¡ E E.... 0 ~: ~ 8 f: 6E j -- "U "E II ~ ~ ~ o ! - ~ ~ U 0 <0: (D ú) I*..g 0 111 a: !ü5 ~ .~ X ~ ~ X X X c:: ü §'~6 .Q & 16 I K N ì ~ ~ : ~ ~§gg8g :J I ~ ~N-.:i~N<Ó cr ~ ~ ~ ~ ~ ~ ~ W II OC ~~~~~~ ~ ! ~ ~ ~ ~ ~ v ~ c:: i~:ê COO:>CO(J)CO ~ I ~j ~ ~ ~,~ TI ro . a. ~i.£:: ~ ê: -g Q. 5 5 S $ 0.. ii51 ii5. ~ « ü « >. ¡,; ~ 'E E g ê o 8 ~ ~ ~ ~ .g "E ~;- 6~.g Be co ~ 2" ~~E B.g o ö ~ êgr.; e-£5 ~ ~ ~ Æ ~ ~ : g co °O,,::OQro¡:..... U §: _i:t~«o ~ o < £ õ Ë 6 ~ Q ~ c. ~ & ~ ~ ß rR.e-e '., .. ~~ ;;,JVED VIA Y ... 2 2 - , ~y -..' _00:1 VRajkoWSki CITY OF S":-. ,!OSF.<:J!-; eve nth Avenue North ' ~~~~~~~~ lid. P.O. Box 1433 St. Cloud, MN 56302-1433 April 29, 2005 320-251-1055 Toll Free 800-445-9617 Ms. Judy Weyrens Fax 320-251-5896 City Administrator City 0 f St. Joseph P.O. Box 668 rajhan@rajhan.com St. Joseph, MN 56374 www.rajhan.com RE: Michael Hanke Dear Ms. Weyrens: As we discussed, I am submitting this letter to address the criminal noise ordinance prosecution which arose from the party at29 Minnesota Street on February 20,2005. As you know, the charge against Michael Hanke (one of the residents), went to trial on . Tuesday, April 26, and the City lost on directed verdict. I was the prosecuting attomey on the case. Frank J. Rajkowski l!I~ Gordon H. Hansmeier The purpose of this letter is threefold: (1) to explain the reasons why this particular prosecution was unsuccessful; (2) to suggest other avenues which could have been Frederick L. Grunke followed to stand a better chance of obtaining a criminal noise ordinance conviction; and Thomas G. Jovanovich' (3) to explain why this result should not .affect the pending civil matter that has arisen as a result of this incident. Paul Ä. Rajkowski ~ Kevin F. Gray Rather than recite the facts of the case in detail, I have attached copies of the police Nilliam J. Cashman reports from this incident. Not everything that is described in the reports came out in testimony at trial for relevancy reasons. You must remember that the only infonnation {ichardVV. Sobalvarro Judge Boland was interested in was whether there was a noisy gathering as defined in the ~U5an M. Dege ordinance, and whether Michael Hanke had pennitted it to occur. My attempts to dig into further details regarding the party were often met with objections that were sustained. ,eAnne D. Miller ,arah L. Smith-Larkin· Prior to the trial, I had leamed from Officer Janssen that some of the residents of the ray A Paetz house had spoken with Roger Schleper following the incident and had admitted to him that they knew the party was occurring because the hockey team was celebrating their oseph M. Brameland championship. The players who were old enough to drink went to the bars and the rest iregory J. Haupert stayed at the house. Hanke is apparently a hockey player, and almost certaInly knew what was going on. However, when I spoke to Schleper, he could not recall which aurel J. Pugh . Bretto Frank J. R.aJkowski ðne! Ric!19rd Vi< SoÖafv[J/To alE adrnitted to practice in North Dakota, Gordon H. fJansmeiu in North Dakot(i i3nd IA'i.scom;r; Paul A. Raj¡.wwski and Sarah L. Smith-Larkin in Vi/íSCOlìSir:, and V¡i¡¡¡iam 1. Cashman in South Dakota. ,. ;:'C¡C('õT,"=-~ '--::i;.;,::i;-í¡·::è:; ;::.D~, V Ms. Judy Weyrens · Page 2 April 29, 2005 residents he spoke with. He did recognize Hanke as one of the residents when we came to court, but could not remember ifhe was even present when the admissions were made. For this reason, I never called Schleper as a witness. None of the residents of the house were present when the police first arrived. With respect to the noise ticket given to Hanke, Officer Janssen testified that he was speaking with Hanke during a time when the house was clearing out, and he told him something along the lines of "one of you guys is going to get a ticket for a noise violation," and Hanke eventually said that he would accept the ticket. Officer Janssen believed that Hanke was the only one near him at the time he made the comment. Officer Janssen could not recall the exact ,vords that Hanke used when he accepted the ticket. There was no evidence that Hanke ever made any statements in which he affilmatively acknmvledged that he knew the party was occurring. At the close of the City's evidence, Hanke's attomey made a motion for directed verdict, and Judge Boland granted it. What this meant was that Hanke never took the stand or called any witnesses. I never got the chance to cross-examine Hanke. If I had, I may have been able to get some admissions from him on the stand that he pem1itted the party and knew what was going on. However, in a criminal matter the City cannot call the Defendant to testify since that is constitutional right against self incrimination. · Judge Boland cited two main reasons for the directed verdict: (1) he stated that there was a lack of evidence tying Hanke to the noise violation, and commented that it certainly would have been easier to obtain a conviction for this incident if all of the residents would have been charged; and (2) he pointed to the language of the noise ordinance and did not believe the City had established the elements. I disagree with reason (2), which I will discuss in more detail below. \Vith respect to Judge Boland's first reason, it would have been better, in retrospect, to have charged all of the residents who shO\ved up that night with a noise ordinance violation. This way, ifthere were any irmocent parties, this could have been sOlied out in pretrial proceedings. I could have dismissed those clearly not guilty, and the responsible person or persons would probably have pled guilty. Another altemative would have been to specifically investigate the noise ordinance charge by taking statements of the residents to detemline what they kne'v. This would have also created a better record and possibly useful admissions to introduce at trial. I believe that the owners of the property could have also been charged with a climinal violation under section 102.04 (they were later issued an administrative citation, which is civil in nature). My understanding is that the owners ofthis house had previously received written notice of a violation of the noise control regulations occurring at that unit. This means that the owners can be charged under the "disorderly house" provision of the ordinance. Section 102.05, subd. 3, provides that · v . Ms. Judy Weyrens Page 3 April 29, 2005 "every person who violates any provision of this ordinance is guilty of a petty misdemeanor." Another attorney at our office, Laurel Pugh, has researched the constitutionality of various provisions ofthe City's noise ordinance, and believes that this provision is legally sound, and that these types of provisions have the support ofthe League of Minnesota Cities. All this being said, I do not want to leave the impression that this incident represents a failure on the part oflaw enforcement. The police department was able to use the provisions of the ordinance to approach and enter the house, and issued a total of 10 citations for underage consumption of alcohol. At this point, I am not aware that any ofthese tickets have been challenged. The only problem here was with the inability to tie Hanke to the noise ordinance violation beyond a reasonable doubt. Police officers never have the benefit of 20/20 hindsight when making decisions at the scene. The criminal noise ticket was probably not the primary thing on the officers' minds during the time that the party was being "busted." With respect to Judge Boland's second ground for directed verdict, he believed that we had failed to offer evidence that the party was "likely to disturb the peace, quiet, or repose of another person." See Ordinance 102.02, subd. 6. The reason no such evidence was offered is because there was anonymous infonnant in this case, but more importantly, in the same ordinance, there is a provision . which reads: "Any such noise is presumed to have the effect of disturbing the peace, quiet, or repose of another person if it is heard outside the limits of the real estate from which the paliy was occurring." There was evidence offered that clearly established that the officers heard the noise from outside the property limits. Judge Boland's issue was with the word "likely" in the first sentence that I quoted. We believe that the St. Joseph noise ordinance is legally sound and is written in a way so that it is useful to law enforcement in situations such as the February 20 incident. However, perhaps the language of this provision could be clarified so as to avoid this type of judicial interpretation in the future. Laurel Pugh has submitted a proposed re-draft of the ordinance to the City, and this issue can be addressed as the City discusses any possible changes. Finally, I want to stress that the lack of success on the criminal prosecution, although not helpful, should not damage the civil litigation that has surrounded the subsequent revocation of the landlord's rental license and their eviction of the tenants. Regardless of what happened with Mr. Hanke, there remains the fact that the investigating officers witnessed a noise violation at that residence. The issue of who, exactly, was responsible for the violation is less important with respect to the administrative action. More importantly, the owners of the residence waived their right to an evidentiary hearing on the administrative citation. Judge Boland's finding regarding the lack of proof of an actual violation should not be admissible in a civil action due to the differing burdens of proof. - ~ V Ms. Judy Weyrens . Page 4 April 29, 2005 I hope that this letter serves to clarify some of the issues in this matter. If you have any questions, please do not hesitate to contact our office. Very truly yours, RAJKOWSKl HANS MEIER LTD. ~~~~~ ~ - _/ By Joseph M. Bromeland JMB/jrj . - ~ 04/25/2005 10:35 3203531247 ST JOSEPH PD PAGE 02 - ST. JOSEPH POLICE DEPARTMENT 1 e. Investigation Report Narrative '" ICR NUMBER: 05800278 OFFENSEI/NCIDENT: Noise Violation LOCATION OF OCCURRENCE: 29 East Minnesota Street, Sf. Joseph, MN VICTIM/COMPLAINANT: ADDRESS: PHONE NUMBER: DATE REPORTED: February 20,2005 TIME REPORTED: 0036 Hours DA TE OCCURRED: February 20, 2005 TIME OCCURRED: 0036 Hours REPORTING OFFICER: Officer Peter Janssen, #7706 ASSISTING OFFICER (8): Offioer J. Klein, #7708 . '" On February 20, 2005 at approximately 0036 Hours, I, Offioer Peter Janssen, #7706, was dispatched to 29 East Minnesota Street on a loud music complaint. Officer J. Klein was also dispatched to the loud music complaint and arrived on scene prior to me. The caller wanted to remain anonymous. The caller advised dispatch that the music was coming . from the big brown house next to 35 East Minnesota Street. As I was pulling up to the residence Officer J. Klein informed me that when he arrived on scene he stood out on East Minnesota Street in front of the residence and could hear loud voices and musiç coming from the residence. When f arrived on scene I parked my squad car in the gravel parking lot to the west of 29 East Minnesota Street. When I got out of the squad car I could also hear loud voices and music coming from the residence. Officer Klein positioned himself by the front door and I went to the main door on the west side of the residence and knocked on the door. Nobody came to the door. I knocked several more times on the door. And still no one came to the door. The music was stîfl very loud and so were the voices. I then pounded on the door several times. After pounding on the door several times, the music was shut off and everything went silent inside the residence. As I standing by the west door and looking at the covered up windows to the south of where I was standing, I could see that someone from inside the residence was looking out of the window. Still no body came to the door, Officer Klein came overto the west side of the house were I was standing. I informed him that I was going to go the squad car and attempt to contact the manager of the rental property. The property is owned by Rock Properties of Sf. Cloud, I attempted to contact Roger Schleper at 980-7625 who is listed as the manager of Rock Properties. I received no answer but got his voice mail. I left a message informing him of the situation at 29 East Minnesota Street. . OFFICER SIGNATURE: DATE: 04/25!20135 10:35 3203531247 ST JOSEPH PD PAGE 03 ST, JOSEPH POLICE DEPARTMENT 2 Investigation Report Narrative . As I was talking with Officer Klein, I observed a male walking towards us. As the male êJpproached us I asked him if he lived at the residence. He stated that he lived there. He stated that he was just coming back from the bars. The male was identified as Thomas Victor Hartman, DOB:07-09=82 by Ilis MN Drivers License. We informed Mr. Hartman why we were there. I could detect a very strong odor of an alcoholic beverage emitting from his breath. Mr. Hartman stated that he would do anything he could to help us clear up the matter and that he did not know why we were there because none of his roommates are home. He said that they are either gone for the weekend or they are at theJ bars. Mr. Hartman then went inside of the residence and closed the door. A few moments after Mr. Hariman went into the house, I could hear what sounded like people running through the house. After a short time everything was quiet inside the house once again. I was standing by my squad car and was watching the door and windows on the west side of the residence. I could see Ilghts on on the second floor of the residence, The big bay windows. I could see silhouettes of several people through the closed blinds. A short time later, Mr. Hartman came out of the house and stated that there was nobody in the house and he did not know why we were even called. I asked Mr. Hartman if he would give me permission to enter the house and check inside of the residence. Mr. Hartman stated that we could go in but that we would not find anyone inside. Þ,s we enter the door on the west side of the residence there was a female in the kitchen area of the house. She stated that she was a girl frienà of one of the guys that lives at the house, but that he was not there. Her identification was checked and she was over the . age of 21. Þ,s I was talking with the female, Officer Klein and Mr. Hartman walked through the house. Officer Klein informed me that he had a locked door upstairs and that he believed that there were several people inside the room. I then contacted stearns County Dispatch and asked her to send a couple county squads if they had some available. A total of four (4) squads responded to assist. When Deputy M. Mix arrived I requested that he watch the front door. I informed to that nobody enters through that door and to stop all people that would attempt to exit from that door. Sgt. M Althaus, #2509 arrived on scene and I requested that he watch the west door and advised him that nobody leaves and nobody enters through the door. As I was speaking with Sgt. Althaus a male later identified as Adam John Hanna. DOB:08-19-81 walked up by the west door of the house and asked what was going on. Mr. Hanna stated that he lived there. Mr. Hanna walked inside of the house w~h me and I advised him why 'lve were there and what has taken place so far. Mr. Hanna agreed to walk through the house with me so that we could get everyone out of the house that did not live there. We were able to ciear the whole house with the exception of the one locked room on the second floor. As I met with Officer Klein on the second floor, Mr. Hartman was talking to some one on his cell phone, Mr. Hartman then held his cell phone out towards me and said that his roommate Ian Carpenter wanted to talk to me. Mr. Carpenter stated that hé was out of town in the Brainerd area. He said that locked his room when he left for the weekend and that he is the only person with a key. I advised Mr. Carpenter OFFICER SIGNATURE: DATE: . 04/25/212105 10:35 3203531247 ST JOSEPH PD PAGE 04 ST. JOSEPH POLICE DEPARTMENT 3 . Investigation Report Narrative that I did not believe what he was telling me because I could see people's silhouettes through the window. Mr. Carpenter said that IìObody was in his room because he loe;ked the door when he left. After being at the residence for approximately an hour. I wa:<;; met outside by another renter of the house. The renter was identified as Michael Sean Hanke, D08:06-03-83. Mr. Hanke was talking to someone on his cell phone when he approaohed me. Mr. Hanke stated that he was speaking with Roger $chleper, the manager of Rock Properties. Mr. Hanke said that Mr. Schleper wanted to speak to me. I spoke with Mr. Schlaper and advised him of the situation that we were dealing with. I also advised him of the locked door on the second floor of the house. Mr. Schleper told me that he has a master key to the house and that he could come to St. Joseph and assist uS with getting into the room. I advised Mr. Schleper that if he wanted to do that, ( would appreciate his oooperation. [also advised him that if the room was opened before he got there I would call him back and let him know. I then gave the cell phone back to Mr. Hanke. Mr. Hanke asked if he could go upstairs and see if he could get the people to open up the door. I told him to go ahead. Before I could get bae;k upstairs to where Officer Klein was. Offie;er Klein advised me by radio that the people inside of the room hao opened the door. J went upstairs and saw that the door was open and Officer Klein was beginning to identify the people inside. I called Mr. $chleper back and advised him that he did not have to respond. I also advised Mr. Schleper that he would be notified by the City Offices of the date that he will have to appear in front of the City Council. . I then went to the squad car and got my PST and ticket book and went back upstairs. Officer Klein was identifying the people and Deputy John Niemi, #2567 was administering the PST to the people under the age of 21. I issued eight (8) citations for underage consumption. Officer Klein issued two (2) citations for underage consumption. I then spoke with Mr. Hanke and advised him that even though no renters were in the house at the time of the violation, that they are still responsible forthere guests. I a.dvised him that I would be issuing an administrative citation to one of the renters there. Mr. Hanke agreed to take the responsìbility of the people at the house and receive the noise violation. Also see ICR Numbers 05800279 through 05800288 for additional. END OF RE:PORT. . OFFICER SIGNATURE: 77~0 DATE: 04/25/20Ð5 10:35 32Ð3531247 5T JOSEPH PD PAGE 05 ST. JOSEPH POLICE DEPARTMENT I Follow-Up Report . f! . ICR NUMBER: 05800278 OFFENSE/INCIDENT: Loud Music Complaint/Noise Violation LOCATION OF OCCURRENCE: 29 East Minnasota Street REPORTING OFFICER: PO Joel Klein, 7708 . . On 02/20/2005 at approximately 0036 hours, Officer Janssen and myself were dispatched to a loud music complaint at 29 East Minnesota Street. The complainant was anonymous. When I arrived on scene, I stood on Minnesota Street in front of the house. From the street I could hear multiple voices from inside the residelice yellilig and speaking very loudly. I could also hear music playing loudly. Officer Janssen arrived on scene shortly after I did and I advised him of what I had heard. Officer Janssen and myself had been at this residence approximately five months before on the same type of complaint where a noise violation had occurred and the residents were cited. The last time we were there for a noise complaint, several underage people had tried to sneak out the front door so ¡ stayed by the front door as Officer Jalissen was knocking on the main entry door on the west side of the house, Officer Janssen knocked on the front door and I could still hear people yelling Înside and . music playing loudly. After a few times of Officer Janssen knocking on the door, I could hear people running inside the house, the music was turned down and the lights were shut off. As ¡ was standing by the front door, someone attempted to get out, saw that I was there and ran back into the house. Officer Janssen continued to knock and while he was doing so I walked around the house and could hear people talking quietly in the house. After several attempts, no one answered the door. I went to the west side where Officer Janssen was and he told me that he was going to get a hold of the manager. As we were talking, a male later identified as Thomas Victor Hartman 07/09/1982 walked up to us. We asked him if he lived at the residence and he told us he did. We told him why we were there and Hartman told us that all the renters that lived there were gone and none of them knew anything was going on. We advised Hartman that because he lives at the residence he is responsible for what happens there. We asked him for his assistance in clearing up the matter and he told us that he would help us out and that he knew nothing about what was going on at the house. Hartman did have the strong odor of an alcoholic beverage coming from his breath and told us that he had been at the bar. ~ e~-P ree 7î ? DATE: d-;JV ,'dOðS-. I () ,_\ OFFICER SIGNATURE:' \ Û u _: ,. . ~ 04/2.5/.2005 10:35 3203631247 ST JOSEPH PD PAGE 05 . ST. JOSEPH POLICE DEPARTMENT 2 Follow-Up Report Hartman went into the residence and then closed the door. As he went in, I went to the other door where people have gotten out before and I heard many people running inside the house and it sounded like they were running upstairs. As they were running upstairs I could see the wall of the house by the stairway move. A short time later it got very quiet again. Officer Janssen told me he saw a light on upstairs and could see the shadows of people in the room with the bay window on the west side of the house. I went back to where Officer Janssen was and at that time Hartman came out. He told us that no one was inside and he didn't know why we were even called. We asked him for permission to enter the house and he told us we could but we wouJdn't find anyone in there. We checked the main level and there was a female there that was over 21 years of age. There were no other parties on the main level. I went upstairs and Hartman was in front of me. As we were going upstairs, Hartman was speaking very loudly saying no one was up there as if he was ttying to warn people that I was coming upstairs. When I arrived upstairs, atl the rooms were unlocked and open except one. The room where the bay window was located was locked. I asked Hartman about it and he told me his roommate left for the weekend and locked the door. I could see a light on under the door. Hartman . kept saying that there was nobody up there and didn't know why we were there and it was all a bjg mistake. Hartman kept making a big deal about nothing going on there and he called his roommate so that he could speak with us. The roommate with the locked room spoke with Officer Janssen and I was told that he informed Officer Janssen that he locked the room when he left for the weekend and nobody could get in. While Officer Janssen was speaking with that party and attempting to get a hold of the site manager, I stayed by the locked room. I looked through a crack in the door and could see several people in the room. I attempted to get someone to open the door but was unsuccessful. Hartman continued to deny that anyone was there and was being very uncooperative. After approximately an hour of being at the residence, another renter by the name of Michael Sean Hanke 06/03/1983 arrived on scene and wanted to help us out. Hanke was very cooperative and was able to get the locked room open. Inside were several males who said they were under 21 years of age. I advised Officer Janssen the room was open and that he should come up. I also had Deputy Niemi assisting me also. When we were all there, r took ID's and names of people and Deputy Niemi administered the PST to the parties there that were under 21. Officer Janssen issued 8 underage consumption citations and one noise violation citation. I issued 2 underage consumption citations. See ICR numbers 0580027 thro 88 for additional. End of report. . OFFICER SIGNATURE. ! DATE: :;)-;:20 - ~-O()[: . April 29, 2005 WSB & Associates, Inc. Attn: Brandi Popenhagen 701 Zenia A venue South Suite 300 Minneapolis, MM 55416 Dear Ms. Popenhagen: I was in the audience last evening at the St. Joseph Fire Hall meeting regarding the Field Street Corridor Study in St. Joseph, You have solicited responses. At this point I have mostly questions along with a few observations. They are: 1. We need better informationp Citizen input and response cannot validly occur in this partial vacuum. At this point, it feels that the citizenry has been placed, deliberately or otherwise, in a reactive position. 2. At what point was it the intention to notify individual and corporate property owners of the possibility of a roadway adjacent to or within their property? .3. Where is this initiative coming from? What is the role of the City Council in advancing this proposal and what is its relationship to WSB and Associates? 4. Are there commercial developers in place or interested? If so, who are they? 5. What are the current zonings at all points of all optional roadways? Is there any plan to propose rezoning? 6. Has there been any environmental impact study undertaken? Is there any plan to do so? 7. The most prominent of my initial reactions is anger, frustration and, clearly, opposition. The only way this can possibly be ameliorated is through better information and full disclosure. I await your response. Philip A. Welter 29413 Kiwi Court St. Joseph, MN 5637 cc. City Council, City of St. Joseph . Business M.anager, St. Benedict's Monastery Page 1 of 1 Judy Weyrens . From: "Finn, Daniel" <DFINN@CSBSJU.EDU> To: "Andi Towner" <atowner@unitedwayhelps.org>; <tschultz@ci.sauk-rapids.mn.us>; "Brenda Engelking" <brenda@cmhp.net>; <dfmareck@charter.net>; <jason@cmhp.net>; <michael. williams@ci.stcloud.mn.us>; <rcarlbom@astound.net>; <sjohnson@waitepark.org>; <vincents@centracare.com>; <aimee.okerstrom@wellsfargo.com>; "Betty Schnettler" <bschnettler@unitedwayhelps.org>; <bob .pogatshn ik@valves.spx.com>; <pcschaefer@cloudnet.com>; <charlow@cloudnet.com>; <coryehlert@edinarealty.com>; <dale. wick@newopp.com>; <jane@cmbaonline.org>; <jweyrens@cityofstjoseph.com>; "Marilyn Patterson" <mpp03@mn.astound.net>; <mary .Iewandowski@mn.compucredit.com>; <ostma 7@aol.com>; <mglaesma@ci.stcloud.mn.us>; <patti@sartellmn.com>; <pringsmuth@astound.net>; <rolson@ci.sauk-rapids.mn.us>; <dfmareck@charter.net>; <tschmid@lumber-one.com> Sent: Saturday, April 30,200511 :31 AM Subject: The LCH Board's proposal to the cities I write to estimate the financial implications of the recent proposal from the Life Cycle Housing Board to the five cities. At its April 28th meeting, the Life Cycle Housing Board voted to recommend (1) that the cities approve and fund a housing study to determine the demand for Life Cycle Housing units and (2) that each city hold an informational meeting of its city council and planning committee, with the assistance of a presentation from the Life Cycle Housing Committee. The Board's recommendation called for a housing study costing a maximum of . $10,000, to be paid for by the five cities in proportion to their population. The last U.S. census was in 2000, but the State of Minnesota periodically makes estimates of population changes since that time. The most recent estimates, for 2003, are that the population percentages of the five cities (rounded off) would mean that a $10,000 study would be paid for in the following way: St. Cloud $6,400 St. Joseph $600 Sartell $1,200 Sauk Rapids $1,200 Waite Park $600 $10,000 Please don't hesitate to contact me with any questions or concerns. Dan Finn Chair, LCH Committee . 5/1/2005 W 11:. ::::10 ... Cl2 ¡¡: 0 If) 0 w'- I-If) <{a 0'- If) 0 UJ a: 0 1-0 Zæ Wa: :Eo ZU S2z ....10 <t_ ....II- ~¡5 wa: zO wo. ~~ ~ I- :J: fD¡5 5 '" UJo j, ,,\ '" OUJ '~'\ "'w , ,'~, I-Z " _ T =. . '~\.. Z~ '" ,~ . <:E " { UJ u6p· JJO:)SUOJl u6!IVU.~\Sl!q!4X3\OOBOlO\.ofIS\S\'X 31LJ H3S rid 90,Bl'v çooZ¡Ç/Ç . . . - CHAPTER VI - GENERAL REGULATIONS - - ORDINANCE 62 GAMBLING Section 62.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn. Stat. Ch. 349, relating to the definition of terms, licensing, regulation, investigation and enforcement of bingo, gambling, gambling devices and video games, and all other matters pertaining thereto, are adopted and made a part of this ordinance as if set out in full. Section 62.02: INVESTIGATION FEE. Any organization applying for a charitable gambling license, or renewing a license, shall pay an investigation fee in the amount as set by the City Council, not to exceed One Hundred Dollars ($100). Section 62.03: EXPENDITURE OF PROCEEDS. A licensed organization shall expend at least eighty percent (80%) of its net proceeds from the lawful gambling for a lawful purpose conducted or located within the City's "trade area", which shall be defined as an area within fifteen (15) miles of the City limits. Section 62.04: PERMIT LIMITATION. No qualified organization shall be granted more - than one license, nor may an organization operate a charitable gambling outlet at more than one location or a singh~ license. - Section 62.05: PERMIT CRITERIA. The City shall not deny an application for permit or renewal without a proper reason or justification. When considering a permit application or renewal, the City Hall shall consider the following: Subd. I: Past compliance with the State law. Subd.2: Past compliance with local law. Subd. 3: Whether or not the benefit that the lawful use of the charitable gambling funds brings to the local community is broad based or for the benefit of needy non-members of the organization, as opposed to aiding a very small number of individuals who are also members of the organization. Subd.4: Whether or not the organization has other gambling outlets within the area. Subd. 5: Whether or not the information contained in the application demonstrates the ability to operate the charitable gambling in a manner consistent with the provisions of state and local law. Subd. 6: Whether or not the applicant has, in the past, demonstrated the ability to operate the charitable gambling outlet within the provisions of the law. - - 62-1 - CHAPTER VI - GENERAL REGULA nONS - Subd. 7: Has the application been made in a timely fashion, with all necessary ~ infonnation submitted. Subd. 8: Has the applicant been cooperative with respect to past investigation which was undertaken. Section 62.06: PENALTIES. In addition to the penalties set forth in the statutes, any violation of Minn. Stat. Ch. 349, as herein adopted shall constitute a violation of this Ordinance and shall be punishable as a misdemeanor. - - - 62-2 - .. Page 1 of3 ./ SECTION 4.12 GAMBLING DEVICES Subd. 1. Purpose. The purpose of this section is to regulate and control the . conduct of lawful gambling in the City of Sauk Rapids and to ensure the integrity of operations, and provide for the use of net profits for lawful purposes by setting criteria and standards related to the approval or disapproval of premise permits. Subd. 2. Definitions. Except as otherwise provided in this Section, the terms defined in Minnesota Statutes, Chapter 349, are incorporated herein by reference and shall be applicable to the provisions contained herein. A. Gross Profit. "Gross Profit" means the gross receipts collected ftom lawful gambling, less reasonable sums necessarily ·and actually expended for prizes. B. Net Profit. "Net Profit" means gross profit less reasonable sums actually expended for allowable expenses. Subd. 3. In General. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, shall be operated in accordance with the conditions prescribed in this section and other applicable provisions of Minnesota State Law and the Sauk Rapids Code of Ordinances. Subd. 4. Premises Permit. . A. Notice. The Minnesota Gambling Control Board shall notify the City Council, in writing, in the manner required by law of each pending application for a premises permit for a gambling site in Sauk Rapids. B. Approved or Disapproved. Each pending application for issuance or renewal of a premises permit shall be approved or disapproved by resolution of the City Council within sixty (60) days after receipt of the application. The City Council may disapprove an application for issuance or renewal of a premises permit for any of the following reasons: a. Violation by the gambling organization of any statute, ordinance or rule relating to gambling; b. Violation by the on-sale establishment, or other organization leasing its premises for gambling, of any statute, ordinance or rule relating to the operation of the establishment, including but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety; c. Failure by the gambling organization to make adequate . corrections in its organizational structure and procedures in response to an audit report; d. Where the operation of gambling at the site would be http://www.ci.sauk-rapids.nm.us/vertical/Sites/ {0431F973-8Fl A -45B9- BC40-963EF7BF79... 5/512005 Page 2 of3 detrimental to health, safety or welfare; or e. For any other good cause related to the operation of gambling or the business located on the premises. . Subd. 5. Filing of Records; Inspection; Access to Records. A. Every organization licensed to conduct gambling in the City of Sauk Rapids shall file with the City Clerk, on a quarterly basis, copies of all records and reports required to be filed with the Minnesota Gambling Control Board and Department of Revenue pursuant to Minnesota Statutes, Chapter 349 and the rules and regulations promulgated thereunder. B. Each organization licensed to conduct gambling in the City shall submit any additional information requested by the City. C. Any organization leasing premises for the conducting of lawful gambling shall file with the City a copy of the lease within one (1) week after execution of the lease. D. Every gambling event in the City of Sauk Rapids conducted by an organization under state license shall be open to inspection by officers of the City. E. The City may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization required to be . maintained by the State Gambling Control Board. Subd. 6. Local Benefits. A. Each organization conducting lawful gambling within the City of Sauk Rapids shall annually contribute at least ten percent (10%) of its net profits from gambling to the City, thê-sGooGl-distt:iGt..,er- ---other-- non-pr-ot1t- organizati onS-Y.d1i ch-su b stantiall y serve S auk Rapids residents. An organization may apply to the City Council for a variance from the ten percent (10%) requirement. The Council may grant a variance if, in its discretion, the applicant demonstrates that, over the last two years, an extraordinarily high percentage of its net gambling profits have been contributed to the City, sche0l--ètsmet,-or-other non-pro-fit-organi.-zatiB+ls which substantially serve Sauk Rapids residents. B. Whether or not an organization serves Sauk Rapids residents shall be determined solely by the Sauk Rapids City Council. At the time of application, each organization applying for local approval shall infonn the City Council, in writing, to which local organizations it will contribute said ten percent (10%), or evidence that in the immediately preceding years the organization did satisfy the ten percent (10%) requirement. . C. Any money remitted to the City shall be held in the Special Park Fund confonning to the requirements of Minnesota Statutes http://wwv.,r.ci.sauk-rapids.mn.us/vertical/Sites/ {043l F973-8F 1 A -45B 9- BC40-963EF7BF79... 5/5/2005 . Page 3 of3 ~~. Section 349.213. Said monies remitted to the City shall be paid semi-annually. . D. The City Council disapprove any pending application for renewal of a premises permit for any organization which fails to contribute ten percent (10%) of its net profits to the City, the school district, or other non-profit organizations which substantially serve Sauk Rapids residents as required by this Section. Further, the City may notify the Minnesota Gambling Control Board of any organization which has failed to contribute ten percent (10%) of its net profits as required herein and may request that the Board revoke or suspend the organization's license during the license year. The above remedies are not exclusive, and shall be in addition to any other powers and remedies provided by law. Subd. 7. Minimum Net Profits. A. An organization conducting lawful gambling in the City of Sauk Rapids shall have, for each calendar year, a net profit of at least ten percent (10%) of its gross profit from gambling less gambling taxes paid. Compliance with this section shall be determined annually on a per premises basis. B. The City Council may disapprove any pending application for the renewal of a premises permit for any organization which fails . to submit documentation to the City sufficient to show compliance with this Section. Subd. 8. Exemption. Organizations that conduct lawful gambling on five occasions or less during the year, so as to be exempt from obtaining a state license, are exempt from these requirements. . http://www.ci.sauk-rapids.mn.us/vertical/Sites/ {043lF973-8F1A -45B9- BC40-963EF7BF79... 5/512005