HomeMy WebLinkAbout1994 [07] Jul 21 {Book 05}
..t Á Mayor +tf~
Donald "Bud" Reber
.. / Councilors
.First Avenue NW Ken Hiemenz
Ross Rieke
P,O. Box 668 Bob Loso
St. Joseph, Minnesota 56374 Stephanie Hazen
(612) 363·7201 City Clerk/Adm
FAX # 363·0342 CITY OF ST. JOSEPH Rachel Stapleton
CITY COUNCIL MEETING
July 21, 1994
7:00 P.M.
AGENDA
I. Call to Order
2. Approve Agenda
3. Approve Minutes - July 7
4 . Bills Payable
5. Mayor Reports
6. Council Reports
~ Department Head Reports - Brad Lindgren
I.
.
8. Clerk/Administrator Reports
a) Outdoor Liquor Permit Application
b) Baseball Park Use
c) Complaint of Dog Problems
d) Well Cleaning
e)
f)
9. OLD BUSINESS:
a) Linnemann Inn Parking g) Northland III
b) Access Channel Equipment h) Comprehensive Plan
c) Sidewalks i ) Dog Ordinance Amendment
d) ROW Property Request j ) Shared Ride Taxi Program
e) Police Chief Contract k) Prop. to Audit Utility Acc'ts
10. 8:00 p.m. OPEN TO THE PUBLIC
II. Recess
12. 8:30 p.m. Fire Relief Association - Ken Twit
13. 8:45 p.m. City Engineer Joe Bettendorf Reports
14. 9:00 p.m. HRA Proposal
. 15. Adjourn
,
Mayor
, Donald "Bud" Reber
/ Councilors
Ken Hiemenz
. Ross Rieke
Fl1'st A venue NW B b L
o oso
P.O. Box 668 St h . H
St. Joseph, Minnesota 56374 ep aIDe azen
(612) 363·7201 City Clerk/Adm
FAX # 363·0342 CITY 0 F ST. J OS E PH Rachel Stapleton
ADMINISTRATOR'S REPORT TO COUNCIL
DATE: July 18, 1994
TO: Honorable Mayor and, f~
Members of the CO~ll . . ì
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FROM: Rachel Stapletdn ~OVv
Clerk/Administrà~r
5. The Mayor will report on a letter of information from the Boy
Scouts in your packet.
8 a. Mark Zimmer is requesting an outdoor liquor permit for an event
for August 20, 1994.
b. Pat Schneider is requesting to be reimbursed for time in preparing
. the field for use by other teams. He stated that the rental fees
from the teams will be paid to the City of st. Joseph.
c. I received a complaint about dog droppings. The caller asked if
the City would consider an ordinance to require the owner of the
dog to pick up the droppings. She felt this problem is
increasing.
d. Leo Sadlo will have some material ready on a well cleaning
proposal.
10. Jerry Relph, representing st. Benedicts, will be presenting a
petition to vacate several alleys. The petition must be signed by
a majority of landowners of at least 50 % of the land. The
Council must hold a public hearing of the proposal (tentatively
set for September 1) after two weeks published notice and ten days
notice to each affected property owner. If the Council decides
that it lS in the public interest to vacate, then it will do so by
passing a resolution. Vacating a street or alley must be in the
public interest.
12. Information is in your packet on the amount the Fire Relief is
requesting from the City for the 1995 budget.
13.. Joe will report on the current projects.
. 14. There is a lot of interest in the HRA proposal. Most of it is
adverse. Judy has the minutes from the Planning Commission and
all the other information in your packet.
John Scherer was on vacation last week so I do not know if he will have
information ready for the Council on the dog ordinance amendment.
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4IÞ Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met in regular session on Thursday, July 7, 1994 at 7:00 p.m. in the
City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Council Ross Rieke, Bob Loso, Ken
Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: Judy Weyrens, Joe Bettendorf, Leo Sadlo, Tara Plouner, Jim
Marthaler, Mike McDonald, Mary McDonald, Merl Jerzak, Charles Thelen.
AGENDA: Hazen made a motion to approve the agenda as amended by moving the
proposal to audit utility accounts to old business, and additions to the
Clerk/Administratorls and Engineer's reports, and remove violence prevention
from the agenda. The motion was seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
MINUTES: Hiemenz made a motion to approve the minutes of the June 14 and
June 27 meetings as presented and the June 16 meeting with the following
corrections:
Page 2 - Under HIEMENZ report - 1) include property location of
300 Minnesota Street East. 2) include property location of near CR 75
and Ridgewood Road.
Page 3 - 7) "Reber moved to request an opinion"
. Page 6 - include at the end of the addressing changes that Joe
. Bettendorf will make recommendations for identifying cul-de- ~~
special names or identifiers.
The motion was seconded by Hazen.
Ayes: Reber, Loso, Hazen, Hiemenz.
Nayes: None. Rieke abstained. Motion carried.
TREASURERIS REPORT: Judy Weyrens, Deputy Clerk, gave the Treasurer's report
for June. After some discussion Hiemenz made a motion to approve the report
as presented; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
BILLS PAYABLE: Judy Weyrens presented the bills payable. She informed the
Council that repairs are being made to the Police and Fire radios which have
recently sustained lightning damage. The Police are requesting to upgrade
their oldest radio at an estimated cost of $150 over the insurance payment.
Hiemenz made a motion to approve the radio request as presented; seconded by
Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Weyrens also requested to allow the other two Police computers to be
networked at $170 per computer. Hazen made a motion to approve the request;
seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
4IÞ Hazen made a motion to approve the bills payable as presented check numbers
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19784 - 19870; seconded by Hiemenz. .
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motlon carried.
HaZen made a motion to approve the overtime and call outs as presented by
Weyrens and approved payment of the Fourth of July holiday as requested by
"1eyrens; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, H:.emenz.
Nayes: None. ~1otion carr ied.
M.À.YOR REPORTS: 1 \ Anne Schluender sent. a letter to the Mayor requesting
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consideration ,~f expanSlon of the St. Cloud Metro Transit service being
extended to St. Joseph. She indicat.ed that she would be willing to conduct
a survey to determine interest in this service on the campuses. **
Loso made a mot~on to allow her t.o study the matter furt-her, and provide her
with ;.f ~ .: ',,¡hich the ~: i t 'Or gathered a few years ago when it was
....n...orma...J..on
considering thlS issue, and -~ make her aware of the exorbitant local cost
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requested at that time. The mot:.on was seconded by Rieke.
Ayes: Reber! Rieke, ~oso! Hazen, Hiemenz.
Nayes: None. >1ction ::arried.
,",,' The ent::-ance r:') aà\A/a 1~ t.je ::ity ma:.m:.enance area lS in need or repair.
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J>..n overlay <:oul(l be 3.PDlied ..~ ~ +- in conjunction with the Old Highway 52
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Street Improvement project. Mayor Reber will get an estimated cost for this
overlay as requested by Rieke and Loso,
3) Mayor Reber also quest.ioned where the old chain link fence was diSPO~
..; .; 'O..... ~,...... .. ... .:...... _....... --- ~ Q 'tî""'" ..; , :) -,.-1 ~ _ A /,,".., .:. -: ~ ...... _, ....... .. +- ~ -- ~
0.., wh....ch ,oJo.S ..:::i11o.¡ec, J...~m ,-,en\.._.H~_a..1. _ 3....'{. _h_ ,~ounc-,-_ d....~'-us~ec, _no.... .
City Maintenance removed it., and Reber will ask ~he Supt. of Public Works.
4 ) Size and cost figures for the Fire Hall portion of the new Waite Park
facility were presented by Mayor Reber. He also presented a plat showing the
area of the Krebsbach property which is currently being considered as a site
for a Fire I-1al~. Hazen stated that the Krebsbach and Scherer properties are
considerably smaller than the Roske property. Hiemenz stated that the
Krebsbach property has access en Ash Street and Minnesota Street., and that
access and parking are important factors. Mayor Reber stated that he wishes
to provide fair costs to the taxpayers. He also presented APO's proposed
growth figures for 2015. It 1.S proposed that growth will be by 1065 homes
south of CSAH 75 and 621 north of CSAH 75 in St. Joseph Township. The Fire
Board will be asked to consider the issue of the proposed sites for the Fire
Hall at their next meeting.
5 , The City Engineer agrees that part. of the sodding on the project on
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Minnesota street needs to be replaced.
COUNCIL REPORTS
RIEKE: No report.
HAZEN: 1 ) Hazen reported that copies of the document \'Ihich contains the
followup duties of the offices from the last Council meeting, and status of
these duties, was not included in their packets.
2) She also reported that she will be absent from the area for the next
Council meeting.
LOSO: 1) Upgrading the parking lot at Morningside Park has been proposed ~
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4IÞ donated funding. Leo Sadlo stated that the Lions Club was misinformed that
money had been allocated by the City for the Millstream Park project, and
they may be reluctant to donate funding for another park project unless they
are assured that there is no other funding available. Sadlo stated that he
will take this request to the Lions.
2) Loso stated that the Personnel Committee intends to begin wage and benefit
negotiations in July, and that he and Rieke will set a date for them. Hazen
informed him that the Personnel Manual states that negotiations will be done
in October, and recommended that a change is made in the Personnel Manual.
3) Loso discussed with the Council the Police Chief contract issue. He and
Rieke, as the Personnel Committee will meet to consider their recommendation
to the Council on this issue.
HIEMENZ: 1) The Planning Commission recommended sending a letter to the
owners of the Linnemann Inn stating that the class two surface of the parking
lot is nqt an acceptable surface. Hiemenz made a motion to approve this
request ¡ seconded by Loso. Discussion - Loso made a motion to amend the
motion to require a definite timetable to comply¡ seconded by Hazen with the
stipulation that the City Attorney is consulted on this matter.
Vote on the Amendment:
Ayes: Reber, Loso, Hazen, Hiemenz.
Nayes: Rieke. Motion carried.
Vote on the amended motion:
Ayes: Reber, Loso, Hazen, Hiemenz.
4IÞ Nayes: Rieke. Motion carried.
2) The Planning Commission also requested to hold a public hearing to amend
the ordinance to clarify the definition of hard surface, specifically for
parking lots. Hiemenz made a motion to authorizing the Planning Commission
hold a public hearing after recommendations are received from the City
Attorney and City Engineer¡ seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Hazen questioned public notification of the hearing. Council agreed to
advertise as a legal ad in the official newspaper and to put a notice in the
St. Joseph Newsleader and post the notice.
3) The Planning Commission also recommended approval of the Nudity Ordinance
wi th a prohibition of child pornography included in it. Hiemenz made a
motion to approve this ordinance amendment and have the City Attorney include
this prohibition in the amendment¡ seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
4) Hiemenz made a motion to approve a business and advertising slgn, as
recommended by the Planning Commission¡ to be installed on the City property
by the maintenance area designating the City maintenance facilities and
Shannon's Upholstery. The motion was seconded by Loso. Discussion - Loso
stated that Mike Sworski could construction and install the sign, which will
4IÞ be located on the left side of the first corner going down to the maintenance
shop, and comply with all regulations including setbacks.
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Ayes: Reber.. Rieke, Loso, Hazen, Hiemenz. .
Nayes: None. l1otion carried.
5 \ HRA appeared before the Planning Commission . .. . the plat plan, ·....hich
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included Outlot A. for ingress and egress. The Planning Commission
recommended that they scale down the plan to less units. Representatives of
HRA will be attending tl1e next Council meeting with their request. The
Planning Commission has recommended denial of their request. HRA has
:.hreatened condemnation pr·:;ceedings. Hazen requested that ....,., Courlcil
~".Jr.e
receive adeauate information on this issue prior to the Council ..'
mee...1.ng.
Hazen requested to remove :"tems , and . \ from Old Business.
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WASTEWATER SUPERI~TENDENT REPORTS: Jim Marthaler reported 1) the rubbish and
trash by 3ue Karnik has been removed by the property owners. Hiemenz agreed
that i"t: has been cleaned to satisfaction. Hazen requested that letters are
sent t::J the property owners and complainer.
~ \ The Borrasch property at -, ~ Minnesota Street West needs cleaning and
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-::~earing. Council reques"t:ed :.hat a cert:"fied letter is sent to the property
owners requiring tha"t: the proper:.y is cleaned and cleared within thir"t:y days
~.......- - the city will have it done.
The -r.:::::r.q;+- in t-hQ >L:.l2.s"t:ream Park lock ., . . . key.. so they
-, ,j", ..., "-" "- rooms '_..L '- on.i y ·....1.:.h a are
1~';~ open after grcups use the park. Council agreed that Slnce there are
other bathroom facilities available.. and in order to prevent vandalism some
method cf getting the facillt! locked after Use by groups is necessary. The
C:oUYlcil agreed t-"" have :::'':'s matter presented to the Lions .Æ:r--...... a
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recommendation and duri~g :.21e . . t~e ?olice \~ill .~. .
In:.er:.m a memo t- ;....) asK. \..:le1
leek the bathrooms.
4 ) Marthaler requested that the Council budget about $10..000 In the next
years for a jet machine for sewer cleanlng.
OPEN TO THE PUBLIC: Karen Erickson and an individual representing the
pur·::haser .......'?- her hOuse at 4:: Birch Street West requested the Council to
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reconsider the ordinance restriction of only t'f,vO dogs per household. The
purchaser of her home has three dogs but they are well cared for and ·....ould
not be a nuisance. Rachel Stapleton stated that the City Attorney had stated
that this is a nuisance ordinance and does not allow for variances. The only
way to allow this would be to amend the ordinance. A.f ter further discussion
Hazen made a motion to request that the City Attorney write an amendment to
the ordinance cont~olling dogs, which would allow the Council to allow more
than tr.A1O dogs under certain conditions.. ' ~ authorized by the Council. The
motion was seconded by Hiemenz.
.'A.yes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Charles Thelen appeared before the Council and submitted a petition to annex
the property at 313 East Minnesota Street because '.., is in need of municipal
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sewer. The property is legally described as:
All that part of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE
1/4) of Section Ten (10) in Township One Hundred Twenty-four (124) North of
Range Twenty-nine (29) West in Stearns County Minnesota, described as f011llr
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. to-wit: Commencing at a point on the North line of state Trunk Highway
Number 3, distant 66 feet Easterly of the West Line of said NW 1/4 of the SE
1/4 and running thence North, parallel, with the Section line, a distance of
198 feet; thence Easterly a distance of 50 feet to a point, 198 feet North of
the North Line of State Trunk Highway Number 3; thence South parallel with
the Section line, a distance of 198 feet to the North line of State Highway
Number 3 . thence Westerly along the Northerly line of said State Highway
,
Number 3, a distance of 50 feet to the place of beginning; being the Easterly
50 feet of the Westerly 116 feet of the Southerly 198 feet of that part of
the NW 1/4 of the SE 1/4 of Section 10, aforesaid, lying and being Northerly
of State Trunk Highway Number 3.
AND ALSO
The North thirty three ( 33 ) feet of East Minnesota Street, (formerly State
Trunk Highway #3), South of and adjacent to said parcel.
Hazen made a motion to accept the petition to annex and to approve an
Amendment to the Joint Resolution for Orderly Annexation between the Township
and City of St. Joseph to include the above described property and that
portion of Minnesota Street which is adjacent to the property. The motion
was seconded by Rieke.
Ayes: Reber, Loso, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
. Merlyn Jerzak appeared before the Council to inform them of St. Benedict's
plans to install permanent recess appurtenances into the ground with the top
at ground level, to hold temporary informational signs for special events on
campus. They will be located 1) by the parish sand lot, 2 ) Next to Lot 1
sign (across from the Main Building) , .... \ by the main gate on the college
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side, 4) by Rose House on Minnesota Street. Jerzak questioned if this would
be allowed. The Council was supportive of the proposal. Jerzak stated that
he will make application for a sign permit as required by City ordinance.
Mike McDonald appeared before the Council to discuss the change of address on
his property. He stated that his house number is in a granite block on his
house, and the cost to change it may be considerable. He stated that when
the City notifies him of the change of address to his property he will submit
the bill for changing it to the City for reimbursement. The Council was in
general agreement to turn the request over to the City Attorney for
recommendation. Many properties will be affected by this address change.
Loso made a motion to recess for ten minutes at 8:30 p.m.; seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:40 p.m.
CITY ENGINEER REPORTS
. EAST MINNESOTA STREET IMPROVEMENT PROJECT: City Engineer Joe Bettendorf
presented application for payment No.4 (final) for the East Minnesota Street
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project and recommenàed approval. Hiemenz made a motion to apprw
Application for Payment No. 4 (final) to S. J. Louis ln the amount
$15,735.25; seconded by Loso.
.1:4.yes: Reber, Loso, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
Bettendorf informed the Council that this project came ln well below the
estimated cost. and consideration will be made to make some reimbursement to
the prcpe:::-ty owners.
WATER TOWER LIGHTING: Bettendorf discussed the water tower lighti~g project.
There ·,..;ill be 5 poles, 30 feet height painted to match tower exterior, grey
fixtures with metal halide lamps, 7 day, 24 hour timer with photocell, light
bases will be flush with the ground. Quotes will be received by JUly ....1
L..J...,
:1.994.
WEST MINNESOTJ>.. STREET: The sodding was not acceptable on this project.
Hardrives ·,-¡ill be asked to bring ln a different contractor to get the sod
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cor:rec...ec..
:1E1v ~~lE L: ?~C:PC;SA~L : Sity ~ . .]oe Bet tendo:rf presented a proposed cost
:=.ng:.nee:r
estimate .... ~ $5:,,000 ~ ~ install a ~ew ',..;el...i.. This well ',..;ould be t. ':J replace
\...v well number 2 which has a high concentrat:.on of minerals and is not reliable.
He also presented Pumphouse No. ,., .... . , with the intention clf
¿ renova~lon proposa~,
using the exis~ing pumphouse number 2 for the new well. Estimated total cost
fer pumphouse ~enovation is $49,000. Bettendorf also stated that benzene has
0epY1 f,-,un"; 1"" ,..¡p'l Y1umher .....ne bu+- ,..;-'p \..¡-';-~r f'.;1....~~t~on ;)1 ani'" ic: "''''mo?.;,..,,....
__..._ _..... ......_ ......_.\. , ....._.......1 J....,;.........,.. I _ __......... . a____ ___'-.........._..... ....... ......\,.. ...... __ __...~
Leo Sadlo stated that the water filtration plant is in need of upgrading
replacing soon. Mayor Reber requested that the projects need ...... be
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prioritized and financing considered. Water rates with surrounding
communities W1J...i. be reviewed. Increasing water rates and other means of
financing ""ill be proposed for consiàeration.
NORTHLAND PLAT THREE: Bettendo:::-f presented the plans for park land for
Northland Plat Three. He asked what the Council had approved for drainage
when the plat was approved. The general understanding of the Council was
that the developer had presented the parkland to be useable and dry except
immediately after heavy rains. The Council understood that there would be no
standing water. The Council wanted the plans prepare so that the parkland
would be dry. After further discussion the Council requested Stapleton to
listen to that portion of the tape ~rom the meeting when the Council approved
Northland Plat Three, and report to Bettendorf and the (' , ,
~ounC1J..
CLERKíADMINISTRATOR REPORTS
FIRE PROTECTION PERMIT REPORT: Stapleton reported that a law effective July
1 1994 requires licensing of fire protection contractors and reVlew of
~ , plans. The FlY"P Board will consider this matter at their next regular
....' and make recommendation the Council for the August 4 Council
meeL.lng \-0
meeting.
BASEBALL PARK BLEACHERS: The Council discussed the two quotes received for
the bleachers for the baseball park and affirmed that the quote of Southern
Bleacher Company of $13,950 was the low quote. The other quote was f.
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. Flanagan Sales at $14,175. As requested, the sales tax issue was reviewed.
Only groups with an ST-17 exemption status are exempt from sales tax. The
bleachers have been ordered. Bob Loso presented a quote for the base for the
bleachers would be $2,100 from Concrete Plus and made a motion to approve the
quote; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Loso made a motion to send a directive to the Superintendent of Public Works
to dismantle the old bleachers and blocks; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
ON AND OFF SALE NON-INTOXICATING MALT LIQUOR LICENSES: Stapleton presented
applications for on and off sale non-intoxicating malt liquor licenses for
Michael Ryan of the College of St. Benedict. The application is for the
following buildings: Loft, Horsebarn-Arena, BAC, Main Building, HAB, Mary
Commons. Reber made a motion to approve the applications as presented;
seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
EMPLOYEE TRAINING: Stapleton discussed the upcoming computer software
training for the Administrative staff. Hazen reminded Stapleton to check and
. see if books are needed for the courses.
Stapleton presented quotes from two appraisal services for
LAND APPRAISAL:
appraising the Roske property. After consideration and discussion of the two
quotes Reber made a motion to approve the quote of Panger Benson Appraisals
of $2,100 for a narrative presentation. If a full report is requested the
total cost would not exceed $2,800. The motion was seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
CABLE TELEVISION: Stapleton informed the Council that she has received
several calls to have cable installed in the new additions. She sent a
letter to Mark Twain Cablevision requesting installation of the needed
equipment in order to provide service to the new developments. The Council
requested that the City Attorney require installation of cable equipment in
the developers agreement for the new developments.
Stapleton also distributed information to the members of the Council on
construction managers.
The meeting was adjourned at 9:56 p.m. with a motion by Hazen; seconded by
Reber.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
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Rachel Stapleton
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Troop 84
Boy Scouts of Þmer i ca
. saint Joseph, Minnesota
July 7, 1994
Mayor Reber and Marbers
of the Saint Joseph City Council
City Hall
Saint Joseph, Minnesota 56374
Dear Mayor and Counc i 1 MaIDers,
The scouting Fani ly of Troop 84 thank the City of Saint Joseph for their
generous financial support in the past. The Saint Joseph Troop is growing and
the City can be proud of the accomplishments of the Troop.
In the past 18 months the Scout Building has been significantly improved
due, in part, to your financial support and the contr i but ions of finances,
time and ta 1 ents by many Scouting Fanil ies. We've rerode led the Scout
Building, raising the ceiling, sheet-rocking the walls and ceiling, rewiring
the building to meet current code requirements, and replacing the old,
dangerous wood burning stove with a donated (Bob Hul ing) gas furnace. The
furnace is presently set up for LP, but can eas i 1 y be converted for natura 1
gas. Th i s SlJ1l1'ler or ear 1 y fall we plan to re-s i de the front and sides of the
building with lap siding which is generously being donated to the Troop by Ms.
. Irma Hoffman.
OUr request to you is for you to agree to pay the gas bill for the scout
building. The bui lding is used 6 to 7 days per rronth for 2 to 3 hour during
the schoo 1 year. The cost of gas service is a minimum of $4.50 per month. We
expect that during the cold rronths of late fall and winter the rnJnth ly bi 11
could be as high as $40.00/$50.00. Northern States Power has agreed to run a
gas line to the building. Before we have that done we request that the City
agree to pay the gas bi 11 for the Scout Troop. We be 1 i eve that all the
improvements made so far and the addition of natural gas heating will make the
bu; ld;ng safe for use all year round and great 1 y reduce the risk of injury
fran fire.
We are cognizant of Mayor Reber's request that the Scouting Program of
Saint Joseph care for the flower boxes along Minnesota Avenue. Th i s request
will be discussed at our first Carrnittee meeting of the fall (Septanber) and
with the Scout Troop leadership. We can see no reason for turn i ng down the
request.
When the council meets to discuss this request a representative of the
Troop wi 11 be happy to cane to the meet i ng and exp 1 a in in rrore deta i 1 the
direction and future plans of the Troop~ Please infonm one of us of the time
and date.
Sincerely, /
~ ~ j~
./ ~ vw/~
. Ray Loehle;n
Assistant Scoutmaster
363-8668
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HUGHES THOREEN KNAPP Page 2/3 Job 029 Jul·18 Mon 16:24 1994
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STATE OF MINNESOTA)
COUNTY OF STEARNS )
CITY OF JOSEPH )
PETITI01f FOR THB VACATION OJ' CERTAIN ALLBYS LYIBG ADJ1CD'l' TO
E~OCXS 3 AHD 4, TOWNSITE OJ' ST. JOSZPB, ~HH3SOTA ACCORDIWG IfO
TKB ÞLAT TBERBOJ' ON FILa AND OF asCORD IB THB OVFICB OF TBB
COUNTY RBCORDBR IN AND FOR STEARNS CO~Y, XIHHBSOTA
The undersigned, being 100% of that property owners abutting
the below described streets and alleys in the City of st. Joseph
hereby respectfully request the resolution of the city council of
the City of st. Joseph vacatinq the fOllowing described alleys
all lying and beingoin the Townsite of St. Joseph, according to
the Plat thereof on file and of record in the office of ~~e
County Recorder in and for Stearns County, to-wit:
a) the alley between Lots 3 and 4, Block 3 South of the
South right of way line of Minnesota street;
b) the alley between Lots 3 and 4, Block 4 South of the
. South right of way line of Minnesota street¡ and
c) all that part of the alley lying southeasterly of
Blocks 3 and 4, Easterly of the Southerly extension of
the West line of the East Halt of Lot 2, Block 3 and
Westerly of the West Right of Way line of college
Avenue South, excluding that portion of said alley
lying Southeasterly of Lots 4, 5, and 6, Block J,
previously vacated by resolution of this council dated
April 1, 1924.
This request is made based on the fOllowing facts:
1) in the case of the alley described in subparagraph a)
above, an alternate access is being used and maintained
by the City adjacent to and West of the East Half of
Lot 2, Block 3, and there are structures currently
encroaching upon the alley;
2) in the case of the alley described in subparagraph b)
the entire block is owned by st. Joseph's Church, there
are structures currently encroaching upon the alley and
the nature of the adjoining uses do not require public
access over the ~lley in question¡ and
. 3} in the case of the alley described in subparagraph ç),
there are structures encroaching upon and blocking the
alley in several places and no public access is
required to the areas served by the alley in question.
1
.,
Said vacation is in the public interest in that it will .
remove the cost of maintenance from the City's responsibility,
remove areas from the City's responsibility for liability
purposes and removes alleys from the city inventory that are
useless for the purpose of public accesS.
Respectfully submitted,
Church ot St. Joseph, a Minneaota
Nonprofit Corporation
~ .
BY'Its 0-. . . .9G~~.
sisters of the Order of
st. Benedict, a Minnesota
Nonprofit corporation
~
'" ,.1 . ··~ç6
B / . ¢~ 1/ /'. ,/. ~.
1,..0 .. ./
Y . \o~ .Å I V"".......j. :~~.(. ,,_
Its .'.' '.~~,.J. ,.
~
~ 5{ (99'1
.6\1',1 .
.
:2
,
HANDBOOK FOR MINNESOTA CITIES
\ .,
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412.791. .[Repealed. 1967 c 289 s 18J
412.801 -[RePealed, 1967 c 289 s 18J
412.Sl1[Repealed, 1967 c 289 s 18]
412.821 [Repealed, 1967 c 289 s 18]
GENERAL AND MISCELLANEOUS
412.831 OFFICIAL NEWSPAPER.
The council shall, annually at its first meeting of the year, designate a legal newspa-
per of general circulation in the city as its official newspaper, in which shall be published
such ordinances and other matters as are required by law to be so published and such
other matters as the council may deem it advisable and in the public interest to have
published in this manner.
History: 1949 c 119 s 100; 1973 c 123 art 2 s 1 subd 2
412.841 [Repealed, 1976 c 44 s 70]
412.851 VACATION OF STREETS.
The council may by resolution vacate any street, alley. public grounds. public way,
or any part thereof, on its own motion or on petition of a majority of the owners ofland
abutting on the street, alley, public grounds, public way, or part thereof to be vacated.
When there has been no petition, the resolution may be adopted only by a vote of four-
fifths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks' published
. and posted notice. The council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at least ten days before the
hearing. The notice must contain, at minimum, a copy of the petition or proposed reso-
lution as well as the time, place, and date of the hearing. In addition. if the street, alley,
public grounds, public way, or any part thereoftenninates at or abuts upon any public
water, no vacation shall be made unless written notice of the petition or proposed reso-
lution is served by certified mail upon the commissioner of natural resources at least
30 days before the hearing on the matter. The notice to the commissioner of natural
resources is for notification purposes only and does not create a right of intervention
by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare
a notice of completion of the proceedings which shall contain the name of the city, an
identification of the vacation, a statement of the time of completion thereof and a
description of the real estate and lands affected thereby. The notice shall be presented
to the county auditor who shall enter the same in the transfer records and note upon
the instrument, over official signature, the words "entered in the transfer record." The
notice shall then be filed with the county recorder. Any failure to file the notice shall
not invalidate any such vacation proceedings.
History: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969
c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989
c 183 s 4; 1990 c 433 s 2
412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES.
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases.
If the accused be arrested without a warrant, a written complaint shall thereafter be
made, to which the accused shall be required to plead, and a warrant shall issue thereon.
The warrant and all other process in such cases shall be directed for service to any police
officer, marshal, process officer, court officer, or constable of any town or city in the
. county, to the sheriff of the county, or all of them.
Subd. 2. Fonn and contents of complaint. It shall be a sufficient pleading of the ordi-
nances or resolutions of the city to refer to them by section and number or chapter.
-- ----..--
522
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ST. JOSEPH
. FIREFIGHTERS' RELIEF ASSOCIATION
Report of financial condition to end of 1993
and requirements for 1994
SCHEDULE I
CAWULA'l'ION OF SPECIAL FUND [JIABU TTY FOR ATJL MEMBERS. AT
PENSION LEVEL OF $950 PEH YEAH Oft' ACTIVE SEIlVICE
EN'l'HY TO EN ) OF l!J!J3 TO END Oft' 19~J4
==~º~====~=~4~~=========º4~~=======XU§=====~!4º=========Xª§=====~f~~================
1 W WASNEH IIpr'--Gl ;¡:3 :n,350 3;1 32, :iOO
2 R TAUFEN Aug-69 21- 22,BOO 25 23,750
3 P G] ROUX Ser-71 22 20,900 23 21,850
1- D THEISEN .Iu --73 20 HJ,OOO 2L 1!J ~350
5 E EIYNK 3111-71- J9 17,518 20 19,000
6 J THEISEN N8.y-75 J9 17,518 20 19,000
7 T 1.0S0 Juu-75 18 17,518 20 19,000
8 T PFLUEGER Sep-75 lB If), 1:31 19 17,518
9 S SCIIIRBEH May-76 18 16,131 19 ]7,518
10 G BAGGENSTOSS OcL-76 J.7 14,820 18 1G,131
11 .J MAH'I'HALEll Ocl;-77 J6 ., :~, 566 17 ItJ,820
12 T LOWELL Nov--77 16 l:~, 5GG 17 14,820
1 :3 FLOSO Oec-7'7 H; 1:1, S6G 17 11],820
14 D P~'ANNF.NSTE IN C'obr--78 J(j 1:3 56G J.7 111,820
15 J)u Pli'IINNENSTE.I 0c!.--7B ]5 12,38B 16 13,566
16 K TWIT OcL-78 15 12,388 16 J.3,5GG·
17· ' K GRUBE11 May-- 79 15 12,38B 16 13,5£:)6
18 E MERKLING Aug-79 14 11,248 J.f.) 12,308
19 Oa PFANNENS'l'El lìe --8O 11 11 , 248 15 ] 2 , ~)88
20 D SCHERER Jau--81 J.:j 1.0 165 14 11 248
. 21 J ZIEBOL Nov-80 13 10,165 lt1 11,24B
22 J MEYER May-85 9 G, :327 10 7,220
23 W LOWELlJ May-85 9 6,327 10 7,220
24 N L080 IIpr--87 7 4,674 B 5,472
25 J KAflNICK lIug-88 5 3,ln 6 3,895
26 B ORCU'l'T Sep-88 5 3,173 6 3,895
27 H TORBORG Dee-80 5 3,173 6 3,895
28 M WINTER Nov-92 1. 570 2 1,178
29 S JOHNSON Nuv-92 1. 570 2 1,178
30 M LYON Nov-92 1 570 2 1,178
31
32
33
34
35
3G
37
38
39
40
41
42 DEF
43
44
45
46 F..V.
47 D I<LEUR .84 X 600 X 600 8,064 8,064
48 3 Pl10M .84 X 800 X 16 10 752 10,752
49 M LOSO .64 X 800 X 11 5:632 5,632
50
ACCRUED L1A8 FOR ACTI VE MEMBEIlS 356,497 388,398
ACCRUED LIAB FOR DEFERRED ~mMBEHS 0 0
. ACCRUED LIAO FOR EARI,Y VESTED MlHlS 24,448 24,448
ACCRUED LIAB FOR UNPD INSTALLMENTS
Aj ACCRUED IJIABILITY TIIIlOUGH 1994 412,846
ß ACCRUED UABUITY 'l'HHOUGH 199:j 380,945 :380 , ~(15
C L. A - L. II; NOlIMAI. COST ~'OH 1991- :n , 90 1
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SCHEDULE II
===============================================~=============================~======
Section 1, Cß.lcu1aLiol1 of Minimum Municiral Cuntl'ibution . .
".
PHOJEC'l'10N OF SPECIAL FUND IÎSSETS TO DECEMßEH 31, 1993 .
ASSETS AT .JANUARY I, 1993 (12/31/92)------- 1. $ 332,177
EXPECTED INCmm TO DECE~1ßJm 31, In93
A Minn. state Aid $ 14,038
n Ci ty Contriùution 8,921
C Fundraiser's etc. 0
D Interest, Inv. Income 2'1,913
E Iìealized Gains ? lussl=s) 0
F Unrealized II losses) 0
G Other- income 186
TOTAL Or 1,INES A THHOUGlI G-·------------------ 2. $ 48,OG8
----.-.------.-
BEGINNING ASSETS PLUS EXPECTED INCOME------ 3. :~ 380, 2:30
EXPECTED EXPßNSE TO DECEj\WEH 31 1> 1~193
H~ Pens ions '22,850
I 0 ther beneH \:5 0
J Adminislmlive 2,185
TOTAL OF LINES 11--1 -J--..---------------------- 'i. :); 25,035
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PROJECTED ASSETS AT 12/3]/93 (L.3 - L.4) 5. ~ ¡; 355,200
-----------.----...----------.--------"----- ------------------------------.---------.-------.--.---
- - __ - - - - __ - __ __"_ ___ _._ ._.. _....___ 0_._ .___ __. . _"_ "___ __. _____..__ __ __<._ .___._ ____. ---- ---,- ~..--._- -...- ._----- -- - ___A - _" - - __
SectiolJ 2. VeLenllimÜ iOIJ of pL'o,jecLed 51)H1'LI)S or' DEFIG IT @ 12/31/9:3.
Projected ARseLs (Line 5) G. ~~ :}5G,200
Accrued LiablliLy (Line H, Schedule 1) 7. $ 380 , ~H5
---------~-------
If JJ.6 > L.7, enLer difference: SURPLUS Sa. ~~ 0
If l,,7 > L.G, entcr difference;: DEFICIT f3b. ~¡; 25,7(15
**Go Lo SecL ion 3 if SUHPLUS *** To Sect ion 4 if DEFlCITH
:::== =:::==:::= = == =::::: =::: =:::= =::::::= =:::::- =:::=:~::::=:= =::=:::= ==::: =::::::::::: =::: === = = === = == == = = = = === ==:-::==::: = = ==::: =:~ =~::::.
Section 3. lJeterlllinaLion of L~YJ4 1'1unicipal ConLdbutLol! (if SURPLUS)
Normal Cost (line C, Schedule 1) 8. ~~ 0
AdlllinisU'aLlve Expense (1.035 X L. J) 10. :~ 0
Less:
I{~ t-1inn. S tat.e Aid ;~ 0
L 5% of Line 5 0
~1 lO?~ of Line Ba $ 0
Total SubLt'actiolls 11. :); 0
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1!384 City Con\;t'ibulion if SUHPLUS exists (r.. 8a) 12. : ; 0
-------------------------------------------------------------------------..--------------
------ --"--- - --.-- --- - - - - - _#_-- ~ ----------- ------------- -.-...-- --- -- --.-----.--- - -.- -- -. ....---- -- - .-.----
Section 4. DelenllinaL iun !) r ~lurd.cipal Coutribul i.un (i f DEFICIT)
NQrmal Cas l. (1,j lie C, Sch. l) 13. :); 31,901
Amortization of deficit(s) 1rJGutTed
prior to end of 1!.::J93
YR ORIGIN. AM'l' RET M1T LEFT
INCUH. AMOUNT PREY 'fa TlETIllE
~ l' 2~;¿33 25,~J6
1992 2;578
19 0
19 0
Totals 52,578 26,833 25,7~G 5,258
TOT ORIG DEF 52,57B ----------- X .10 =------14. $
Deduct col (3Ó tot?l,ft'ulII L.,13u.
If cuI 3 < L. b, dIfference 18 a 0
NEW DEFICIT. :); 0 X .10 =---------15. ~
Calculated Administrative Expense ------------------16. ' 2,2Eìl .
---------------
Total Costs $ 38,420
LESS:
N~ Minn. State Aid -------$ l~,O38
o 5% of Line 5------------~~ 17, 7GO ,..., $ 31,798
Total Sub tractions _______________,____________________11.
----_....--_._~-
19~)4 City Contributioll, if DEFICIT exists (L.8b) 18. ~~ 7,622
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· AVERAGE SPECIAL FUND INCO~m (non-investment) PER MEMBER
FOR PREVIOUS THREE YEAR PERIOD.
Ae'1'V S '1'A TE LOCAL 1/10 ANNUAl. :~ YIl
FF AID TAXES SUIlPI,US TOTAL TOTAL
28 1992 14,038 6,536 20,574
28 19m 13,244 G,350 19,594
28 1990 13,130 8,367 21,497 61,665
213
~WJl TOT /3/#MBH 20,555 28 :::. $734 ^ VG am MBll
Max pension (A vg-. X 1.135) $1,:358
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CERTIFICATION OF SPECIAL FUND ¡1EQUIHEMENTS
This in:fonnnL:ion must be cCJ;'Lif.¡ed~:o U,18 cler1í of the munic:iÖal:!,l.y or
to the lt1tlepenùent non--pt"ofIt flreflghtu)g' coq-'oratJol! by 08/ 1/83.
We, the officers of the Sl. .]o::;epll Firnfighlel's' Helie.!' Associa I.:i on ,
slale that the accompanying schedules have been pl'epan'!d inaccor'daJlce
tvit1t the provisions of the Mill. Stat, Ch. G9.772, Bubel 4. T!](~ av(~ra~fe
amount of avail.ablp. fi!Jancing Itlr aclive membcr for lhe 1<:$1; th~'ee years \ý8s
$ 731 Fur'L1Jel', beIJe' lt InveJs have been estab. -,~~h(~d HI accordance
tvith the average amount of availaJ)1e financing, as required by 1<1\ý.
The minimum ci ty con Lribut:i on for 199tJ is: $7,622
.f!¡:;;t~L~res ident Dale r{X]!-Z8!<f3
· --- -- ----------
~~_' Scerdary Un to _~?cfß~____---
Trcasurer DaLeÐ7. Z'iJI-'73
------ -- ---------, ----- ------------
------------------------------.------------------.-------------------------------------------
---------------------.------------------------------.-----_._.------------~--------------_.
These Schedules were /?t'epared Prepared by:
from in:formatioll provlded ùy Gus Welt.er, consultant
Officers of the Relief L\ssocièllion. 1901 Meadowview Road
nlOOm:lllgl;ol1, MN S5425
Calculated as 12/31/93 (612) 854-8856
----------------------------------------------------------------------------------------
------.----------.--------.---.---...--------------------.------------------------------------
CLERK'S CERTIFICATION
I am the clerk (or other designated offjc;:ial) of the c;j t:y of S1:. Joseph.
~ have received th(~ (~(?IIIP~(:tUJ OFFICE, OF THE STATJ!: AU )IT~ SCIŒ/JULES I §< II
11'0111 the SI.. .Joseph l'll'ohgJIl,ers Helicf 1\SßOCHlllon on -.:";;;:¿::,.f~, IDD3.
I l~ave t'evi(~\'{ed.Section,21 lines H, ,12 ,and 18. If ,line 12 or',1J,l1e 18
re110cts a reqtnred lfiUlHc.lpaJ conlr:tbuLlOIl, I cert:L1y that I N:I.Jl
so advise the IIIUlÜciral gover-niny body at its np.xt re~¡lllarly scheduled
meeUnf{. If the eel' if.icaLion 0 the Officers discloses thaI. the Bylaws
have been aJllelH1ed to p['(wide a belH~fit illcr'case, I certi.fy that lhe
Jl1tuLÎcipal p,overnill~~ body ha::; passed 11 resoLution which approves the clHlng(~
in the by laws. L\ copy of the resl)lutiol! i~"1.Ched (if ·p.quin~d)
· ~:,~~:~~:l:i~~~~~~~ :~~~:'"'-o fL:~Kl4>~fuc~5-Zoq12~
(Note: Failure to file this document in a timely manner, whether oe,no ;
a municipal contribution is t'equir-ed, Nill result in loss of state all1.)
,
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..;~ 0 . <~ 1 VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION
.~
REPORTING FORM LS - 1993
, ANNUAL CORPORATE REGISTRATION FOR 1994
. PENSION INFORMATION FOR THE YEAR ENDED DECEMBER 31, 1993
(FOR USE BY VOLUNTEER ASSOCIATIONS WIT.d A LUMP SUM SERVICE PENSION PL\N)
GENERAL INFORMATION:
1. CORPORATE CHARTER NUMBER: PLEASE READ ALL INFORMATION
.&;2<-1- /1) f BELOW
INFORMATION FROM PART I OF THIS
FORM IS PROVIDED TO THE OFFICE OF
2. CORPORATE NAME: THE SECRETARY OF STATE AND OFFICE
./" ì £¿-1-; r:; ¡: /~" OF THE STATE AUDITOR. ITEMS 1-4. IF
50 ..JD ~~ tf l-¡/2~~¡i7V5 ./ L..J , PRE-PRINTED, UST INFORMATION
CURRENTLY ON FILE WITH THE OFFICE
3. REGISTERED OFFICE ADDRESS: OF THE SECRETARY OF STATE. IF ITEMS
It-V6 ¡1/~. r\ /ì (¡ 2-4 ARE NO LONGER CURRENT, YOU
i.;.J C ''''-.''''1''. ~
'Î .- 15Î /. ".¿--- MUST COMPL~ AN AMENDMENT TO
~~
.r-'1 '? 7 \.L THE ARTICLES OF INCORPORATION.
<~ 1D ~ P /f )/1" ¡ÎJ -.:::- ('C ~ í YOU MAY OBTAIN AN AMENDMENT
'-'"',............ ~ -/ - FORM BY CALLING (612) 296-2803. THERE
4. REGISTERED AGENT (REQuiRED ONLY IF AN AGENT IS IS A $35.00 FEE FOR FIT TNG AN
LISTED IN THE ORIGINAL ARTICLES OF INCORPORATION OR A.MENDME?-lT.
SUBSEQUENT AJ"ŒNDMENTS): YOU MUST LIST CURRENT INFOR.\1ATION
/1)D ,-- FOR ITEMS 5-7.
> ,vI:;
15. NAME OF CORPORATE PRESIDENT ,
¡
---' , I
::J Ifn1 - S ¡ J-fï:=-7 5 .=0 I
c !.(~C c: I
6. NAME AND TELEPHONE NUMBER OF CONTACT PERSON FOR THE CORPORA.TION:
KeJ -!f¿0Sr ( 6 (-z.-) 5 b "5 - 3gb?
ï. MAILING ADDRESS:
r(ð. HeK ~ . .-.-:. 0 If /,,/1./1) ~ n -S-ì i./-
$ T. -J Ô ~ B 'í
ASSOCIATION INFORMATION: MEMBERSHIP INFORMATION:
THE FJRE DEPARTM:~NT YOUR ASSOCIATION IS
ASSOCIATED WITH IS: J... ð NUMBER OF ACTIVE MEMBERS
X MUNICIPAL FIRE DEPARTMENT 0 NUMBER OF RETIRED AND/OR DISABLED
INDEPENDENT NONPROFIT FIREFIGHTING MEMBERS RECEIVING BENEFITS
CORPORATION ;J... NUMBER OF RETIRED MEMBERS ON DEFERRED
bt~ NUMBER OF ACTIVE MEMBERS OF YOUR PENSION ROLLS
FJRE DEPARTMENT TOTAL MEMBERSHIP
BENEFITS INFORltlATION OTHER BENEFITS AMOUNT
TYPE OF SERVICE PENSION BENEFIT: tJ(+- -
X' LUMP SUM _ SHORT TERM DISABILITY $
. DEFINED CONTRIBUTION (SPLIT THE PIE) LONG TERM DISABILITY $
NO BENEffi PROVIDED DEATH BENEFIT
OTHER (SPECIFY) $
MONTHLY SERVICE PENSION SURVIVOR BENEFIT
$
IF YOU DO NOT HAVE A "LUMP SUM" PENSION PL4N, YOU ARE USING THE WRONG FORM.
}.. .."
Vesting Information
Y ears of service required for full vesúng :2 .7) .
,Years of active membership required for full vesting I i)
'Ear]y vesting provision in By-laws?
')C Yes (complw: mnaindcr of this s=ion
No
Minimum retirement age ç .0
~1inimum ye.1!S of active servic:: with fire department I t:
Minimum ye.1!S as active m::mber of relief association I v
BeneJll Information
C ~
Bendit payable for ::ach year of service S /!; D
FINANCIAL SECTION
Suppl.eme1!I.ll1 Information
Is the secretary of the relief association bonded? /v:: Amount
Is the treasurer of the relief association bonded? v 0 Amount QS' '000, v <;
Have you amended your by-laws in 1993? /'
Have you increasedichanged your benefitS since 12!31/92':'
(If yes. you mUSl attach a copy of your board resoiurioD or mìnuœs of ili:: m~ring to this form) .
Inve!iI1'Mn.t lnfonnation (see in.srrucrionsi
Special Fund General Fund
Cash (demand depositS) $ ë;~ i 3, ; ï $ 3 ~. (S-
Cerriñcares of Deposit (time depositS) $ $
Money market ~ountS S $
Treasury bonds and bills $ $
Common stocks $ '81 ob~;,2.<.i- $
Mutual funds (list names below or anach ÜSt)'*' $ ~3" ó:¡¡,. '3 7'( $
MSRS fund $ $
Corporate bonds $ $
Other (list below or attach list) 7d:: $ $
Total Investments . S 3 i7.S'''¡C, z$' $ ~5"'g-.! s;-
* Mutual Funds Name /""' ~ Value
r..s. Ðï1. eu tJ þ ~,~ T't-t- j-U,V1) £::2. E 5--1. 77
. . r' . I
~cQ.Ic.A-tJ fb~ II( /11,;~. ,-p, 36/ OD~. 0'0
~ PPb'JV,~M.-cfL ~i'L'1 IIV~~ / 3.s.~ ,-/-c6. 0D
*-" Other Name Iw Value
.
AITACB ADDITIONAL SHEET IF NEEDED.
i;.:;'" .. . -- .
Financial Ibfonnation
,
Revenues
. State fire aid $ j3, '6~1, Do $ xxxxxxxxxxx
Municipal (independent fire depamnent) contributions $ '3 'T ;21. ~o $ xxxxxxxxxxx
Member contributions $' $
Interest and dividends $ ~f), '1 Sh.St/ $ '110. '3 1-
Realized gains (losses) on assets $ <¡2.If~ I. r.n> $
Fundraising activities $
Outside donations (attach sh~t with donor names) $ $
Unrealized increase (Decrease) in Market $ 7u"j. fO $
Other income $ :;'c.s-o. wC $ .;)..99 ,~
Total Revenue $~DS:z..{ $ "3 "fS". S 2-
.
Pensions Expenditures and Benefits (attach benefits sheet if yon have paid benefits this year)
Service Pensions-Rerir~ $ L.j.'-!, t~C, ÐC $ xxxxxxxxxxx
Service Pensions-Survivors $ $ xxxxxxxxxxx
Service Pensions- Disabled $ $ xxxxxxxxxxx
illness or shan term disability pay $ $ xxxxxxxxxxx
Death or funeral benefit S $ xxxxxxxxxxx
Total Pension and Benefit Expenditures $ S xxxxxxxxxxx
Administrative
Salaries $ $
. Conventions and m~rings ..... ,..-...,. ':("
$ $ d,.::>:;2.... _c
Dues $ $ z;. ì 0, .:::0
Training $ $
Actuarial, audit. legal $ $ ~ 1.7... Sò
Bond $ $ f z..ç. D-..
Investtnent Advisor $ $
Other $ n.'¥1 $ i 3S7. 'f8
Total Administrative Expenditures $ $ 'If; If 7. 'S¥- -
Total Expenditures $ c¡.1./7þ2. '8/ $ +'8 '-17. ~V-
Selected Assets and Liabilities
(You may awlCh a balance sheet for the special and general fund or complete this schedule)
Accounts receivable $ í 5': if 67. 'lg $
Accounts payable $ $
Transfers $ ó).O..51> . CO $
BalancŽ1t.g Test
Total Special Funds Assets as of January 1, 1993 $ 3;;2.5', zfç,6.l.b
Plus Total Revenue this year $ .£'~;-SòS. L¡
. Minus Total Expenditures· this year $ 44, 7~;1..'6 i
Must equal Total Special Funds Assets as of December 31, 1993 $ 3'33' co<6.Ç",b
,
CERTIFICATION BY SECRETARY AND TREASURER OF RELIEF ASSOCIATION . - .
MUNICIPAL FIRE DEPARThŒ..~ OR INDEPENDENT NONPROFIT FIREFIGHTING CORPORATION
ge and belief. the factS presented in this repon are true and correct.
ft'?-C¡/P! c.j ({;!,2J %J - ~c¡ç .
Si of S o Reli ,ate ( , Business Phone
~Z~(~Ó'cion þþ.oAc¡ (&2) '5(;1- ??t: 5'
/ í Business Phone
Dale ,
J OL- {. - 3C- 7;? ('-/2..) j¿3 -');zo /
\~~~
Signaw.re of Munícipal'lberk OR if Dare Business Phone
Independent Nonprofit Firefighring Corporation
The Municipal Clerk of largest municipality
in popuIarion cont:raCtÌllg with
Independem Nonprofit Firefighring Corporation
Signature of Secretary of Indepe:Jáem Nonprofit Dare Business Phone
FireñghÙDg COrp<Jration !if applicable)
REVIEW OR AUDIT BY LICENSED OR CERTIFIED Ptì13UC ACCOÙ1'-l1Al~1
A.ssodations with assets and liabilities under $2W, 000, pursuant to Minn. Stat. § 69.051
suDd. la(b). an indepemiem public ~oumam shall ~xamine the financial :niormarion incl~ .
within the fuJ.ancial seçtion of this reporting form. Tne independem public ~UD1a11t shall
attest to the financial information requ.ired by Minn. Stat. § 69.051 subà. lala>. The
examination should be eünåuct.ed in accoråance with standards established by the American
Institute of Certified Public Accountants and should include such procedures as prescribed by
the Office of the Stare Auditor. The indepe:Jdem public accountant's review opinion must be
submitted with this reporting form.
Note: Associations with assets or liabilities equal to greater than $200,000 mIlS! furnish
audited financial statements PI'e1'ared in ac-CDrdance with generally acc-i'ted accounting
principles (including footnote disclosures) together with an Auditor's Opinion and an Auditor's
Repon on IntemaI Control and Legal Compliance. The Auditor's opinions. and audited
financial statements must be submitted with this reponing form to constitute a eümplete file.
(See Auditor's Pacl:ct furnished to Re.tief .-\.ssociaùons for Sampie Opinion and NOle Disdosur:s
and Office of the Stale Auditor Prescribed Review P=riurc::s).
Name of licensed or certified public accountant: H-fC¿£!2- ~~/J ~ ê.c,
State license number: [) 7 Çð
Address of licensed or cemñed public accountant: 3~ /:5T /lvE, /L-f u/ . :5¡ ,~ S~lf/ /4AJ. ~5 7l-
.
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FINANCIAL STATEMENTS
ST JOSEPH VOLUNTEER FIRE DEPARTMENT
. RELIEF ASSOCIATION
AS OF 12/31/93
. -
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·
REPORT ON LEGAL COMPLIANCE
Board of Trustees
St Joseph Volunteer Fire Department
Relief Association
We have audited the financial statements of the St Joseph Volunteer Fire
Department's Relief Association as of and for the year ended December 31,
19 93 , and have issued our report thereon dated 6/17/94.
This letter resulting from part of that audit includes our report on legal
compliance and management practices.
We conducted our audit in accordance with generally accepted auditing
standards and the provisions of the Minnesota Leqal Compliance Audit Guide
for Local Government, promulgated by the Legal Compliance Task Force
· pursuant to Minn. Stat. # 6.65. Accordingly, the audit included such
tests of the accounting records and such other auditing procedures as we
considered necessary in the circumstances.
The Minnesota Leqal Compliance Audit Guide for Local Government covers
three main categories of compliance to be tested in audits of relief
associations: deposits and investments, conflicts of interest, and public
relief associations. Our study included all of the listed categories.
The results of our tests qndicate that for the items tested the St Joseph
Volunteer Fire Department's Relief Association complied with the material
terms and conditions of applicable legal provisions. Further, for the
items not tested, based on our audit and the procedures referred to above,
nothing came to our attention to indicate that the Association had not
complied with such legal provisions.
i
Sincerely,
Gerald J. Frieler
Licensed Public Accountant
·
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ST JOSEPH VOLUNTEER FIRE DEPARTI1ENT RELIEF ASSOCIATION .
COMBINED BALANCE SHEET
DECEMBER 31, 1993
FUND TYPE
-------------------------------------
Special Total
Pension ( ¡.mMORANDUM
Trust General ONLY)
----------- ------------ ---....------
Assets
--------------------------------
Cash $ 2,213.57 $ 358.15 $ 2,571.72
Investments 315,327.01 - - 315,327.01
Receivables
Accounts - - - - - -
Accrued interest - - - - - -
Accrued dividends 1,586.98 - - 1,586.98
Due From Other Governments
City of (tax levy) - - - - - -
State of Minnesota (state aid) 13,881. 00 - - 13,881. 00
----------- --------- -----------
TOTAL ASSETS $ 333,008.56 $ 358.15 $ 333,366.71 .
----------- --------- -----------
----------- --------- -----------
Liabilities and Fund Balance
--------------------------------
Liabilities:
Accounts Payable $ - - $ - - $ - -
Salaries Payable - - - - - -
Pension benefits payable - - - - - -
Due to other governments - - - - - -
----------- --------- -----------
Total Liabilities 0.00 0.00 0.00
Fund Balance:
Required Reserves 380,945.00 - - 380,945.00
Unreserved
Unfunded accrued liability (47,936.44) - - (47,936.44)
Undesignated 358.15 358.15
----------- --------- -----------
Total Fund Balance 333,008.56 358.15 333,366.71
----------- --------- -----------
TOTAL LIABILITIES AND
FUND BALANCE $ 333,008.56 $ 358.15 $ 333,366.71
----------- --------- -----------
----------- --------- -----------
The notes to the financial statements are an integral part of this statement. .
2
. bT LJüSt;PH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
, STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE
.., . YEAR ENDED DECEMBER 31,
1992
.
Special Pension
4Iter~ting Revenues: Trust General Total
------------- ----------- ----------
Contributions
City of St Joseph $ 8,921.00 $ -- $ 8,921.00
State of Minnesota 13,881. 00 - - 13,881. 00
Members - - 299.00 299.00
Investment Income
Interest 53.46 46.32 99.78
Dividends 19,483.16 - - 19,483.16
Net realized gains {losses}
on sales of investments {2, 421. 43} -- {2,421.43}
Net appreciation {depreciation} in
market value of investments 7,118.10 - - 7,118.10
Capital Gain Distributions 3,419.92 -- 3,419.92
----------------------------------------
Total Operating Revenues 50,455.21 345.32 50,800.53
Operating Expenses:
Benefit Payments
Service pensions 44,750.00 -- 44,750.00
Survivor pensions -- - - --
Permanent disability -- -- - -
Illness or temporary disability -- -- - -
Death or funeral - - -- - -
Medical services/aid - - - - - -
Salaries
Unemployment compensation - - - - - -
Employer's share of payroll taxes - - -- - -
Board of directors fees & expenses -- 750.00 750.00
. Conventions and meetings 2,532.86 2,532.86
Membership dues and subscriptions 210.00 210.00
Actuarial fees - - - - --
Audit fees -- 550.00 550.00
Legal fees -- - - --
Faithful performance bonds - - 125.00 125.00
Insurance -- 132.00 132.00
Consultant -- 72.50 72.50
Investment advisor fees - - - - - -
Per Diem -- 338.00 338.00
Office supplies 110.48 110.48
Miscellaneous 12.81 27.00 39.81
----------------------------------------
Total Operating Expenses 44,762.81 4,847.84 49,610.65
----------------------------------------
Income Before Operating Transfers 5,692.40 (4,502.52) 1,189.88
Operating Transfers In (Out) 2,050.00 {2,050.00} , --
----------------------------------------
Net Income (Loss) 7,742.40 {6,552.52} 1,189.88
----------------------------------------
Changes in Unfunded Accrued Liability * -- - - --
Fund Balance - January 1 325,266.16 6,910.67 332,176.83
----------------------------------------
Fund Balance - December 31 $ 333,008.56 $ 358.15 $ 333,366.71
----------- ---------- -----------
----------- ---------- -----------
411fe notes to the financial statements are an integral part of this statement.
* If the net change in the required reserve is an addition, then the offset is a
reduction in the unfunded accrued liability. Conversely, if the net change in
the net change in the required reserve is a reduction, then the offset is an
addition to the unfunded accrued liability.
3
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ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION .
STATEMENT OF CASH FLOWS
YEAR ENDED DECEMBER 31, 1993
Special Pension
Trust General Total
----------- --------- --------
Cash Flow From Operating Activities
Net Income $5,692.40 ($4,502.52) $1,189.88
Net fund balance additions (reductions)
Transfers out (2,050.00) (2,050.00)
Transfers in 2,050.00 2,050.00
-----------------------------------------
Net Cash from Operating Activities 7,742.40 (6,552.52) 1,189.88
Cash From Investing Activities
Net Appreciation in Market Value (4,696.67) - - (4,696.67)
Investments 5,519,31 - - 5,519.31
Accrued interest on investments 2,007.08 - - 2,007.08
Receivables (13,881.00) - - (13,881.00)
Payables - - - - - -
-----------------------------------------
Net Cash from Investing Activities (ll,051.28) - - (11,051.28)
-----------------------------------------
Net increase (decrease) in Cash (3,308.88) (6,552.52) (9,861.40).
Cash at January 1, 1993 5,522.45 6,910.67 12,433.12
-----------------------------------------
Cash at December 31, 1993 $2,213.57 $358.15 $2,571.72
-----------------------------------------
-----------------------------------------
I
The notes to the financial statements are an integral part of this statement.
.
4
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~~ 1
.
. ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS
1. Plan Description
A. General Information
Firefighters of the City of St. Joseph are members of the St
Joseph Volunteer Fire Department Relief Association. The
Association is the administrator of a single-employer pension
plan available to firefighters, that was established in 1949
and operates under the provisions of Minn. Stat. ch. 424A. It
is governed by a board of six members elected by the members of
the Association for two-year terms. The City's Mayor and City
Clerk are exofficio, voting members of the board of trustees.
For financial reporting purposes, the Association's financial
statements are not included with the City of St. Joseph/s
financial statements because the Association is not a component
unit of the City.
. As of December 31, 1993/ membership data related to the Relief
Association were:
Retirees and beneficiaries currently receiving
benefits and terminated employees entitled to
benefits but not yet receiving them. 3
Active plan participants
Vested 23
Nonvested 7
-----
Total 33
-----
-----
B. Pension Benefits
The St. Joseph Volunteer Fire Department Relief Association
operates under a defined benefit plan. The basic characteristic
of this plan is that all assets in excess of liabilities belong
to the plan and are individually accounted for.
. Page 5
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ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS (Continued)
1. Plan Description
B. Pension Benefits (Continued)
1. All funds received by this association from any tax source,
and all funds or property donated or granted to the
association for the benefit of this fund shall be kept in a
Special Fund on the books of the Treasurer and shall not be
disbursed for any purpose except those authorized by law.
2. All money belonging to this association shall be deposited to
the credit of the association in such banks, trust compani1lÞ
savlngs and loan associations or other depositories as the
board of trustees may designate.
3. According to the bylaws of the Association and pursuant to
Minn. Stat. # 424A. 02, subds. 2 and 4, members who retire
with less than 20 years of service and have reached the age
of 50 years and have completed at least ten years of active
membership are entitled to a reduced service pension not to
exceed the amount calculated by multiplying the member's
service pension for the completed years of service times the
applicable nonforfeitable percentage of pension as follows:
Page 6 .
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. ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS (Continued)
l. Plan Description
B. Pension Benefits (Continued)
Completed Years Nonforfeitable Percentage
of Service of Pension Amount
10 60
11 64
12 68
13 72
14 76
15 80
16 84
17 88
18 92
19 96
20 and thereafter 100
. 2. Summary of Sianificant Accountinq policies and Plan Asset Matters
A. Fund Accountinq
The resources of the Association are accounted for in two
funds:
The Special Fund is a pension trust fund for the
accumulation of resources to be used for retirement,
dependency and disability annuity payments of appropriate
amounts and at appropriate times in the future.
Resources are contributed by the City of St. Joseph at
amounts determined by law (taxes) , contributions from the
State of Minnesota and investment earnings.
The General Fund is a governmental fund which accounts
for the resources not accounted for in other funds. It
is used for the good and benefit of the Association as
determined by Association bylaws. Its resources consist
of membership dues, fund-raiser proceeds, and
miscellaneous sources.
.
Page 7
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ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS (Continued)
B. Basis of Accounting
The St Joseph Volunteer Fire Department Relief Association's
financial statements are prepared on the accrual basis of
accounting for the pension trust and enterprise funds and the
modified accrual basis for the General Fund. Revenues
susceptible to accrual include contributions from the State of
Minnesota and the City of St. Joseph and investment revenue¡
including interest on deposits and dividends.
C. Total Column on Combined Balance Sheet
The total column on the combined statements is captioned
"Memorandum Only" to indicate that it is presented only to
facilitate financial analysis. Data in this column do not
present financial position in conformity with generally accepted
accounting principles.
D. Statement of Cash Flows 4IÞ
For the purpose of this statement, cash and cash equivalents
include petty cash and deposits in the checking account.
E. Deposits and Investments
DetJosits
Minn. Stat. # 118.005 authorizes the Relief Association to
deposit cash and to invest in certificates of deposit in
financial institutions designated by the governing body. At
December 31, 1993, Relief Association bank deposits totaled
$2,571.72 all of which were cash deposits. Minnesota statutes
require that all Relief Association deposits be covered by
deposit insurance, surety band, or pledged collateral.
Following is a summary of the deposits covered by insurance or
collateral at December 31, 1993.
Book Bank
Covered Deposits
Insured, or collateralized with securities
held by the Relief Association or its
agent in the Relief Association's name :;:~::~~:: :=:~::~4Ii
Page 8
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. ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS (Continued)
E. Deposits and Investments (continued)
Investments
Minn. Stat. ## 69.775 and 11A.24 authorize and define the types
of securities available to the Relief Association for
investment. Generally accepted accounting principles have
determined three levels of credit risk for securities:
( a) securities that are insured or registered, or for which the
securities are held by the Relief Association or its agent in
the Relief Association's name;
(b) securities that are uninsured and unregistered and are held
by the counterparty's trust department or agent in the Relief
Association's name; and
(c) securities that are uninsured and unregistered and are held
. by the counterparty, or by its trust department or agent, but
not in the Relief Association's name.
Following is a summary of the carrying values of the Relief
Association's securities, categorized into the aforementioned
levels of risk, along with the cost of the securities, at
December 31, 1993.
Carrying
Category and Market
---------------------- Value Cost
a b c
Investments
Government obligations $234,263.77 - - $234,263.77 $219,249.93
Coporate bonds - 0 - - - - 0 - - 0 -
Common stock 81,063.24 - - 81,063.24 82,679.07
------------ -- -- - - -- ----------- ----------
Total Investments $315,327.01 $ - $ - $315,327.01 $301,929.00
Valuation of Investments
Investment income is recognized by the Relief Association when
it is earned. Investments are valued at market.
There are no investments in, loans to, or leases with parties
. related to the pension plan.
Page 9
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ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION .
ST JOSEPH, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS (Continued)
3. Contributions Made
The St. Joseph Volunteer Fire Department Relief Association is
comprised of volunteers; therefore there are no payroll
expenditures (i. e. , there are no covered payroll percentage
calculations) .
Contributions totaling $8,921 were made by the City and $13,881
by the State of Minnesota, in accordance with state statute
requirements for the year ended December 31, 1993.
4. Historical Trend Information
Historical trend information designed to provide information
about St. Joseph Volunteer Department Relief Association's
progress made in accumulating sufficient assets to pay benefits
when due is presented below:
Funded
(Unfunded)
Net Assets Pension Pension
Available Benefit Percentage Benefit e
for Benefits Obliqation Funded Obliqation
1993 333,367 380,945 88% (47,578)
1992 332,177 371,768 90% (39,591)
1991 281,191 292,544 97% (11,353)
1990 228,430 271,680 84% (43,250)
1989 202,283 247,072 85% (38,789)
1988 164,879 183,168 90% (18,289)
1987 159,633 171,324 94% (11,691)
1986 135,086 153,348 88% (18,262)
1985 103,574 136,512 76% (32,938)
1984 98,455 132,456 75% (34,001)
1983 79,022 77,880 100% 1,142
Revenues by Source
City Investment Benefit Administrative
State Aid Contribution Income Other Payments Expenses Other
1992 14,038 6,536 32,410 186 - - 2,184 - -
1991 21,611 7,078 26,607 125 - - 2,660 - -
1990 13,130 - - 10,204 360 - - 2,576 970
1989 13,643 2,773 23,457 5,346 - - 1,816 - -
1988 11,496 6,163 10,254 298 20,920 2,044 - -
1987 11,066 9,463 5,682 180 - - 1,844 - -
1986 10,066 9,626 13,162 354 - - 1,697 - -
1985 8,479 - - 10,472 168 12,000 2,001 - -
1984 7,825 3,000 9,411 180 - - 982 -.
1983 7,439 .1,200 11,104 174 - - 1,435
Page 10
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. The request of the Stearns County HRA for a Special Use Permit came
before the Planning Commission at a public hearing held on April 4,
1994, which was continued through July 5, 1994. The purpose of the
hearing was to consider a special use permit that would allow for
the operation of a R-2 use in an area zoned R-3. Notice of this
matter was duly served and published.
In consideration of the ''- .... . presented to the Planning
lnrorma...lon
Commission and its application to the Comprehensive Plan and
Ordinances of the city of St. Joseph, the Planning Commission makes
the following findings:
, St. Joseph Code of Ordinances 52.8 subd 3(b): The Planning
.J...
Commission shall consider possible adverse effects of the proposed
conditional use and what additional requirements may be necessary
to reduce any adverse effects.
Finding: The increase in traffic would jeopardize the safety
of the neighborhood.
2. st. Joseph Code of Ordinances 52.8 subd 4: The Planning
Com¡ni ssi on shall rec oITh'Ttend a special use permit and the Council
shall order the issuance of such permit only if both the Planning
Commission and Council find that such use at the proposed location:
(see exhibit b)
. Finding: a) The proposal WILL be detrimental to or endanger
the public health, safety, morals, comfort, convenience or general
welfare of the neighborhood or City.
Finding: b) The proposal WILL NOT be harmonious with the
general and applicable specific objectives of the comprehensive
plan of the City and this Ordinance.
Finding: d) The proposal WILL be hazardous or disturbing to
existing or future neighboring land uses.
Finding: e) The proposal WILL NOT be served adequately by
essential publ i c faci 1 i ties and servi ces, incl uding streets, police
and fire protection . . .
Finding: g) The proposal WILL involve uses, activities,
processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property, or the general
welfare because of excessive production of traffic. .
Finding: h) The proposal WILL NOT have vehicular approaches to
the property which are so designed as not to create traffic
congestion or an interference with traffic or surrounding public
thoroughfares.
Finding: k) WILL NOT conform to specific standards of this
Ordinance applicable to the particular use.
3. St. Joseph Code of Ordinances 52.8 subd 5: If the Planning
Commission recommends denial of a special use permit or the Council
orders such denial, it shall include ln its recommendations or
. determination findings as to the ways in which the proposed use
does not comply with the standards required by this Ordinance.
~
Based upon these findings, the Planning Commission recommends .
denial of the Special Use Permit that would allow for the operation
of a R-2 use in an area zoned R-3.
These findings and recommendations were approved by a vote of 7 to
o by the st. Joseph Planning Commission this 5th day of July, 1994.
c¡::~::::~
Secretary of the Commission
.
.
,
.. Mayor
.
p Donald "Bud" Reber
Councilors
Ken Hiemenz
First A venue NW Ross Rieke
P.O. Box 668 Bob Loso
St. Joseph, Minnesota' 56374 Stephanie Hazen
(612) 363·7201 City Clerk/Adm
FAX # 363·0342 CITY OF ST. JOSEPH Rachel Stapleton
City of St. Joseph
NOTICE OF HEARING
The Planning Commission for the City of st. Joseph sha 11
conduct a public hearing on Monday, April 4, 1994 at 7:30
p.m; in the st. Joseph City Hall, 25 First Avenue Northwest.
The purpose of the hearing is to consider a request for a
special use permit. This permit would allow for the
operation of an R-2 use in an area zoned R-3.
Additionally, the hear i ng will consider a 20' variance
request on the rear yard setback. st. Joseph Code of
Ordinances 52.18 subd 7(c) requires the rear yard of any R-3
residence to be 40 feet in depth. The special use request
and variance is being requested to construct six (6 ) two unit
. duplexes.
The property is legally described as f 0 II ows :
Lots 1,2,3,4,5,6 Block 1 Cedar Vi 1 1 age I I
Lots 1,2,3,4 Block 1 Cedar Village I I I
The request for special use has been submitted by st.
Cloud HRA, 6 1 9 Ma 1 1 Germain, Suite 212, st. Cloud, MN 56301.
Rachel Stapleton
Clerk/Administrator
.
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. . The Housing and Redevelopment Authority
" . of Stearns County; Minnesota
.
'" . 619 MALL GERMAIN
· SUITE 212
SAINT CLOUD, MINNESOTA 56301
TELEPHONE: (612) 252-0880 V{I'DD
FAX: (612) 252-0889
June 28, 1994
JUDY WEYRENS
CITY HALL
21 NW 1ST AVENUE
ST JOSEPH MN 56374
RE: Affordable Housing Development
Dear Judy:
As was requested for the July 5 Planning Commission Meeting,
· enclosed please find a copy of the site plan proposed for the
land owned by the Stearns County H.R.A. in the City of St.
Joseph. Also enclosed is a letter from our attorney
regarding the Outlot A.
Thank you for your assistance in this development process and
feel free to contact me with any questions.
Sincerely,
~JJ~fCJ:1Q~
Cher" Josephs
Director of Housing
Enclosures
I @
·
eQUAL HOUSING
OPPORTUNITY
'If' .' ., r Hall, Byers, Hansoll,
. Steil & Weinberger, P A.
~eyS a1 Law SL Cloud
. \!t:tr"polilan F~dcral Bank Plaza
L~c W. Hanson I í) 10 We'l SI, Germain. Suitc 600 . 51. Cloud. MN 5630 I
Paul W. Sleil June 29, 1994 (612) 252·441-1- . Fax (612) 252·44X2
Slanley I. W~inber¡;er. Ir, Alinneapolis
Ed' d J La b h J ;, 29<» Plaz:¡ \'11
"ar . u ae . r. / ..5 South Scvcmh Strcct . :Vlinneapolis. MN 55.J.02-1620
Robert J. Feigh* MR IGOR LENZRÉR 1612¡ 33'J·2553 . Fax (612) 339·-1-775
Fr:¡nk Kundral RINKE NOONAN/
. . PO BOX 1497:
Phllhp L Kunkel ST CLOUD MN 56302
Sleven B. KUlscheid
L\'nn~ M. Ridgw:¡v RE: Cedar Village II Homeowners Association
. - .
/
Thomas P. Mellov D I'
. ear gor:
PCler I. Fuchslein~r /
RobertJ.Waller-* Our láw firm represents the Cedar Village II Homeowner's
D"rrain~A.:-'1und Assodi~ti(:m, a Minnesota, no?-profit co.rporation (the
. ItAssoc1.at1.onlt) . The AssocJ.atJ.on has as l.ts members the
Jeffrey M. M:¡yer owners of townhomes in Cedar Village II plat which includes
Paul S. Motin the outlot A. located therein. In your letter dated June
S T La' 9, you indicated that the stearns County Housing and
COIl. nson Redevelopment Authority (the "HRA") wished to acquire a
non-exclusive ingress and egress easement over Outlot A.
~~~~¡ee~r As compensation for this easement, you offered to pay the
~ Association the sum of $2,300.
LawreneeM.H:¡1l Outlot A constitutes a collective driveway serving the
(1908·1973) mb f h .. . . d
me ers 0 t e Assoc1.atJ.on. Because of the 11.m1.te number
George Byers of townhomes accessed by Outlot A, the traffic is minimal
(191+1993) and the area provides a safe walkway for the residents of
the townhomes and their children. The proj ect being
proposed by the HRA would add '12 additional rental housing
uni ts with access across this easement. This would
significantly increase the traffic passing the townhomes
and change the character of the driveway to that of a city
street.
After considering your proposal, the Association has
decided against granting the easement requested. The added
traffic on this easement would create a hazard for the
,/ current members of the Association and, due to the close
i}.óYµ proximi ty of their townhomes to the Outlot A, would
~ ~ seriously decrease the values of their townhomes. It also ~MA
appears, from a review of the proposed site plan, that site ~~
owned by the HRA is adequately served by access to Tenth <E-
Avenue Southeast and can be developed for housing without
the need for obtaining this easement. While your letter
indicates a condemnation may occur if the offer is not
.' T' /5 . I· accepted, the inconvenience to the HRA of designing a
, rill peclO ¡Sf
./ ProperTY SpecialisT
, TiJìed by The MinnesoTa recedarsw06284. l tr
STaTe Bar Associaliol/
.
Mr. Igor S. Lenzner
June 29, 1994 .
Page 2
project that fits on the property it purchased does not
elevate this matter to the level which justifies a taking
by the public. "
I trust this letter is sufficient notification to conclude
this matter. If you have any questions concerning the
action taken by the association, please feel free to
contact me at your convenience.
Sincerely,
FOR THE FIill>!
¿?~1:;;;;dJ;
SJWJR:vmp
cc~e Walsh, President
M'chelle Lindell, Treasurer
.
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recedarsw06284.ltr
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ffiNIŒ-NOONAN
_KE, NOONAN, GROTE, SMOLEY, DETER, COLOMBO,
NT, VON KORFF, DEGIOVANNI, AND HOBBS, LTD.
ORNEYS AT LAW .
Suite 700 Norwest Center Box 1497 St. Cloud, MN 56302
(612) 251·6700 Fax: (612) 251-5114
July 1, 1994
Planning Commission for City of st. Joseph
City of st. Joseph
21 NW First Avenue
D. Michael Noonan st. Joseph, MN 56374
Gerald R, Grote Re: Our File No. 7442.003
William A. Smoley I Dear Planning Commission Members:
Kurt A. Deter
This letter is written on behalf of the stearns County
Barrett L. Colombo Housing and Redevelopment Authority. As you are aware,
.mes L. Wiant the stearns County BRA has acquired property in the Cedar
Village II and III area on which they plan to construct a
erald W. Von Korff housing project. The preliminary plans for the housing
project have already been approved by the Department of
James Degiovanni Housing and Urban Development. Those plans call for the
use of Outlot A of Cedar Village II for access to and
Sharon G. Hobbs from the housing project. Outlot A is currently owned by
David J. Meyers 2. 3 the Cedar Village II Howeowner's Association, a Minnesota
non-profit corporation. The BRA is currently attempting
John J. Meuers to negotiate a purchase of a non-exclusive ingress and
egress easement over and across Outlot A. The Executive
Thomas E. Kiernan Director of the BRA has indicated to our office that in
the event the Homeowner's Association is unwilling to
Roger C. Justin agree to a negotiated price for an easement, we will be
John J. Babcock pursuing acquisition of the easement through eminent
domain proceedings.
Jill A. Pinkert
The stearns County BRA is authorized pursuant to
Igor S, Lenzner 3 Minnesota statutes Chapters 469 and 117 to acquire
property through the process of eminent do~ain. And,
Minnesota statutes Chapter 469 specifically provides that
Orrin V. Rinke the BRA may use its power of eminent domain to provide
of Counsel descent, safe and sanitary housing for persons of low or
moderate income. We are confident that all of the legal
requirements for the eminent domain proceedings can be
1 Admitted toPractice Law met by the HRA and that the HRA will have title and
in Indiana possession of the easement within 90 days of providing
.eal P,operty Law Specialist notice to the Homeowner's Association.
Certified by the
Minnesota State Bar Association
3 Admitted to Practice Law
in Wisconsin
'\
July 1, 1994 .
Page 2
This letter should provide assurance to the City that the
HRA will have, either through a negotiated purchase or
condemnation, access over Outlot A prior to the
completion of construction of the project.
We, therefore, request that the Planning commission
recommend for approval by the City Council the HRA's
application for a special use permit and variance.
Sincerely,
RINKE-NOONAN
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. Pursuant to due call and notice thereof, the Planning Commission
for the Ci ty of st. Joseph met in regular session on Tuesday, July
5, 1994 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners Marge Lesnick, S.
Kathleen Kalinowski, Dan Nierengarten, Kurt Schneider, Andy
Brixius. Council Liaison Ken Hiemenz. City Attorney John Scherer.
Secretary of the Commission Judy Weyrens.
Others Present: Bud Reber, Leanne Walsh, Kathy Scheil, Oda Larson,
Stanley Larson, Bob Loso, Igor Lenzer, Michelle Lindell, Eileen
Hemmesch, Elizabeth Doyle, Pat Montagne, Winnie Montagne, Cheryl
Josephs, Kent Simon, Cheryl Wesely, Ingrid Johnson.
Public Hearinq - Nudity Ordinance Amendment: Chair Klein called
the hearing to order at 7:00 p.m. The purpose of the hearing was
to allow citizen input on a proposed amendment to Zoning Ordinance
No. 52 of the st. Joseph Code of Ordinances. The ordinance
amendment would restrict nude dancing to industrial areas or place
additional restrictions distancing the activity from residential
areas. The purpose or intent of the ordinance would be to prohibit
secondary effects such as preserving the quality and vitality of
neighborhoods, curtailing the depression of property values,
restraining increased criminal activity and slowing the spread of
. sexually transmitted diseases.
Linda Sniezek provided written testimony which requested the
Planning Commission add language to the proposed draft prohibiting
Child Pornography. Sniezek stated that we have to protect children
and make sure that there can not be any exploitation of children.
Additionally, she states that st. Joseph should make such
consequences severe and make it known that the City of st. Joseph
will not tolerate such activity.
Hiemenz made a motion to recommend the City Council authorize the
City Attorney to revise the proposed amendment to include language
prohibiting child pornography. The motion was seconded by
Kalinowski.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
City Attorney John Scherer presented a "Report of the Attorney
Genera 1 's Working Group on the Regulation of Sexually Oriented
Business. " This study supports regulating such activities. Mr.
Scherer requested that this document become part of the official
record of this hearing, and will be on file in the City Offices.
The Commission questioned Mr. Scherer on the distance allowed
. between such establishments. Mr. Scherer stated that the City must
provide a place for such activities, being careful not to be too
restrictive.
The Hearing was closed at 7:17 p.m.
í
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Kalinowski made a motion to recommend the city Council accept the
amendments to the nudity ordinance as presented, with the above
revision, prohibiting child pornography, The motion was seconded by
Hiemenz.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
steve Deh 1 er - parkina Lot Plan: Chai r Kl ein acknow 1 edged the
absence of Mr. Dehl er, but stated that this issue needs to be
resolved. Therefore, this matter will be discussed at this time.
Klein stated that he had the opportunity to call Hardrives and
discuss what options are available for installing a hard, dust free
surface. Hardrives did indicate that Class II is not considered a
dust free surface.
Schneider stated that he would like some closure to this issue, if
his parking lot is not acceptable, then he should be informed that
he is in violation of the Ordinance. AdditionallYJ if the
Ordinance is not correct then that issue needs to be addressed to
prevent this from happening again.
Hiemenz stated that he checked with Meridian Aggregates and they .
stated that Calcium Chloride could be used to settle the dust, but
that would be a temporary solution.
Commissioners generally agreed that the Ordinance regulating
parking lots needs to be clarified and amended to specifically list
the hard surfaces that would be acceptable.
Bob Loso questioned whether it would be advisable to wait until the
issue at hand is resolved before amending the ordinance,
With regard to the Linnemann Inn parking lot, Mr, Scherer presented
the following alternative: The City Offices could be directed to
inform the property owners that the surface is not acceptable and
it must be removed and a hard surface installed in its' place.
This action should allow the property owners a reasonable period of
time for completion.
Klein made a motion to not accept the parking lot surface of the
Linnemann Inn as "dust free", Additionally, this motion requests
that the Council authorize the City Offices to send notice to the
property owners stating the surface is not dust free and must be
removed. The motion was seconded by Hiemenz.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
Kal inowski made a motion to recommend the Ci ty Counci 1 amend.
Ordinance ____I to specifically define a hard surface, authorizing
the City Offices to contact the City Engineer to determine what is
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4IÞ an acceptable hard surface and relay this information to the City
Attorney, and schedule the public hearing for August 1, 1994. The
motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
Minutes May 16 & June 6. 1994: Hiemenz made a motion to approve
the minutes of May 16 and June 6, 1994 as presented; seconded by
Lesnick.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
publ i c Hearinq - Ci t y of st. Joseph: Chai r Kl ein call ed the
hearing to order at 7:45 p.m. The purpose of the hearing is to
consider a special use permi t to allow an advertising sign on
property currently zoned Industrial. Zoning ordinance No. 52.13
Subd. 10 (a) of the st. Joseph Code of Ordinances defines an
advertising sign as, "a sign which directs attention to a business,
profession, commodity, service or entertainment which is sold or
offered on a premise other than that on which the sign is located."
Furthermore, "Advertising signs or billboards may be constructed
and maintained, pursuant to a Special Use Permit, Industrial (I),
4IÞ and or Agricultural (A). No advertising signs or billboards shall
be constructed or maintained on property subject to any other
zoning classification than that specifically allowed herein."
The property is located at 500 Second Avenue Northwest and legally
described as follows: Section 010, Township 124, Range 029. 8.53A
S800' x 800' of E2NE4 lying N of TH52, 8.53 Acres. The request for
special use has been submitted by the City of st, Joseph.
Bob Loso spoke on behalf of the City of st. Joseph. Loso stated
that the city would like to construct a sign to identify the
location of the Wastewater Plant, Maintenance Department, Boy Scout
Troop 84, and Shannonts Upholstery. The sign would be constructed
of red cedar with routered lettering. Shannan's Upholstery would
be charged an annual rental fee for this advertising.
Lesnick made a motion to recommend Council approval of the Special
Use Permit as presented by the City of st. Joseph. The motion was
seconded by Nierengarten.
Ayes: Klein, Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
Stearns County HRA - Cheryl Josephs: Cheryl Josephs appeared
before the Commission and spoke on behalf of Stearns County HRA.
. Ms. Josephs stated that since the last time they had been before
. this Commission, they have been working on acquiring Outlot A for
an ingress/egress for the proposed development. Outlot A is still
under private ownership; and if an agreement cannot be reached with
the property owners, HRA is prepared to acquire the property
-3
through eminent domain. ·
The Planning Commission at there May 2 , 1994 meeting stated that
they would not make a recommendation on the special use permit
until the Fire Chief has accepted the plan and an ingress/egress
has been secured. Ms. Josephs 1S requesting that the Planning
Commission make a determination on ~he Special Use Permit at this
time, contingent upon obtaining t.!1e ingress/egress.
Kent Simon, architect for the project, discussed the current
layout. Me Simon stated that all the setbacks and ordinance
requirements are being adhered to wlth the proposed layout.
Additionally, the proposed layout is the most efficient use of the
property. Ms. Josephs also stated at thls time that the units
proposed for st, Joseph are part of a 20 unit project throughout
Stearns County.
Stanley & Oda Larson questioned how the Commission could approve a
plan that included ingress/egress over private property. Oda
stated that when they bought the propert.y, they were told tha~ :he
property in question at this hearing 'Noul d be developed into
townhomes.
Igor Lenzner, attorney representing HRA, discussed the methods of
obtaining ingress/egress to the property and assured the Commission ·
that within 90 days HRA would have adequat.e i:;¡gress!egress :0 the
proposed development. i" ¡; a settlement cannot be Leached ,...i th the
l. J..
property owners, HRA has condemnation powers and will exercise this
right.
Michelle Lindell spoke on behalf of t.he residents. She requested
that the Commission refrain rrom making a decision until the
easement issue has been resolved. Ms. Lindell stated that the
residents also have the f 0 ì 1 o\Ü ng concerns:
* Effect on home values in the neighborhood
:+: Safety concerns about the children
The residents are requesting that HRA consider reducing the number
of units; thus allowing a driveway on the property which will house
the units.
Cheryl Wesely discussed the impact of allowing the area known as
Outlot A to be used as an 1ngress!egress. The outlot currentlY
serves six residents. While the parents do not encourage children
to play in the outlot area, it happens. Allowing the outlot to be
used as an ingress/egress for the proposed apartment units, would
increase the traffic tremendously on the outlot, creating a hazard
for the children.
Scherer discussed with the Commission the procedure involved in
making a decision and the alternatives available. Based on the
criteria of Ordinance 52.8 subd 4, the Commission must determine if ·
the proposa 1 fit within the guidelines and state the findings which
support the decision.
cj.
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. The Planning Commission can take one of two act.~ons at this time:
l. Defer a decision until the condemnation is complete
2. Resolve the matter and recommend a decision to the Council at
this meeting.
After reviewing the plan as submitted by HRA, see exhibit A, the
Commission determined that it did not meet all the criteria.
Therefore, Kalinowski made a motion to recommend that the City
Council deny the Special Use request of stearns County HRA based on
the following:
In consideration of the information presented to the Planning
Commission and its application to the Comprehensive Plan and
Ordinances of the City of St. Joseph, the Planning Commission makes
the following findings:
.1 . St. Joseph Code of Ordinances 52.8 subd 3(b): The Planning
Commission shall consider possible adverse effects of the proposed
conditional use and what additional requirements may be necessary
to reduce any adverse effects.
Finding: The increase in traffic would jeopardize the safety
of the neighborhood.
2. St. Joseph Code of Ordinances 52.8 subd 4: The Planning
. Comn1Ìssion shall recommend a special use perml t and the Council
shall order the issuance of such permit only if both the Planning
Commission and Council find that such use at the proposed location:
(see exhibit b)
Finding: a) The proposal WILL be detrimental to or endanger
the public health, safety, morals, comfort, convenience or general
welfare of the neighborhood or City.
Finding: b) The proposal WILL NOT be harmonious with the
general and applicable specific objectives of the comprehensive
plan of the City and this Ordinance.
Finding: d) The proposal WILL be hazardous or disturbing to
existing or future neighboring land uses.
Finding: e) The proposal WILL NOT be served adequately by
essential public facilities and services, including streets, police
and fire protection . . .
Finding: gJ The proposal WILL involve uses, activities,
processes, materials, equipment and conditions of operation that
will be 'detrimental to any persons, property, or the general
welfare because of excessive production of traffic. .
Finding: h) The proposal WILL NOT have vehicular approaches to
the property which are so designed as not to create traffic
congestion or an interference with traffic or surrounding public
thoroughfares.
Finding: k) WILL NOT conform to specific standards of this
Ordinance applicable to the particular use.
. 3. st. Joseph Code of Ordinances 52.8 subd 5: If the Planning
Commission recommends denial of a special use permit or the Council
orders such denial, '.. sha 11 include J.n its recommendations or
1...
determination findings as to the ways J.n which the proposed use
5
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,
does not comply with the standards required by this Ordinance. 4IÞ
Based upon these findings, the PI anning Commission recommends
denial of the Special Use Permit that would allow for the operation
of a R-2 use in an area zoned R-3.
The motion was seconded by Lesnick.
Ayes: Klein[ Kalinowski, Lesnick, Brixius, Nierengarten,
Schneider, Hiemenz.
Nayes: None. Motion Carried 7:0:0
Adiourn: Lesnick made a motion to adjourn at 9:30 p.m.; seconded
by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Brixius[ Nierengarten,
Schneider[ Hiemenz.
Nayes: None. Motion Carried 7:0:0
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L-rd'y x/~
Judy Weyrens ~
Secretary ..
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· EXHIBIT "A"
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EXHIBIT "B"
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Subd. 4: Standards. The Planning Commission shail recommend a special use permit .
and the Council shall order the issuance of such permit only if both the Planning Commission
and Council. find that such use at the proposed location:
a) Will not be detrimental to or endanger the public health, safety, morals, cQmforL,
-- convenience or general welfare of the neighborhood or the City.
b) Will be harmonious with the general and applicabìe specific abjectives of the
- comprehensive plan of the City and this Ordinance.
c) Will be designed. constructed, operated and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity and will not Òange the essential character of that area.
d) Will not be hazardous or disturbing to existing of future neighboring uses.
-
e) Will be served adequately by essential pudic facilities and services. including
- .. . - " , . '" d
sn-eets. pouee ana ,lIe ?rctec:lOD. cr:ìlnage str:.:etures. reruse clsposaJ. ,,\-'ate::- 3n
sewer systems. and sc~ccìs.
f) \Vill not create excessive additional ;equirements at public cast :or public
facilities and services and will :1Cl be detr:me:1tal to the ::canomic welbre of the
cammunity.
cr\ \Vill not involve uses. activities. é)rocesses. matei"lalS. eauicmem 3.nG ccmèitions oÌ e
:::/ . - -
oper::nion that will be detr:'rne:1tal :0 any ;Jeisans. property, or the geneiai welfare
beçause of exc::ssive production of trar-Dc. noise. smoke. fumes. glare or oåcrs.
h) Will have vehicuiar apFaaÒes to the prcpe:-:y whiÒ are so designed as not to
create traffic congestion or ar: :.nteiÎeie:1Ce '""ith traffic or surrounding puclic
thoroughfares.
i) Will have adequate facilities to provide sUlllciem off-stre~t parking and ìoading
space to serve the proposed use.
j) \Vïll not result in the destruction. loss or damage of a natural scenic. or historic
feature of major imponance.
k) Will confonn to specific stanòards of this Ordinance applicable to the partic...uar
- use.
$ubd. 5: Denial For Non-ComDliance. If the Planning Commission recommends denial
of. a special use pennit or the Council orders such denial it shall include in its recommendations
or determination fmdings as to the ways in which the proposed use does not comply with the
standards required by this Ordinance.
$ubd. 6: Conditions. In recommending or approving any special use pennit, the
Planning Commission and the Council may impose conditions which are considered necessary to .
86
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.v RAJKOWSKI HANSMEIER LTD.
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Attorneys at La~L' I
I Reply to: st. Cloud
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ST. CWI:D , July 8, 1.994
¡I Se\"emh .-\ \"enue """-onh i
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P.O. 80'( I-t33 i
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St. Couå. \(~ 563n2-1-03 i
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':'11-231- IIJ55 Mr. Terry Schmid
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~OO·+-;'5·~f)lï I c/o Lumber One Avon, Inc.
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FAX ,,1::·251-3R96 i P.O. Box 7
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I Avon, MN 5631.0
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.'vII:-;:-;EAPOLIS I RE: Northland Development
i
:90'"4 P!aza \'11 i Our File No. 1.4,550
';5 South s.='."emn Street ,
¡ Dear Terry:
\linr:ea::-oii... \I~ 53-tn2~j620 ;
-il::-.33;;¡·';¡20h Enclosed herewith, please find the first draft of the
;.{)O-';";'3·":"617 proposed Subdivision Agreement for the improvements to
I
F...l....\ 1:'1:-:;;: -3R9A i be constructed as part of the development of Northland
i Addition, Plat Three. Prior to execution of the final
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. ¡ plat by the City Council, we will need to receive and
!
! review the following:
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I
F.-z..:...',-."'- r R...:.,~ot\·S^I ,., I 1.. A letter of credit or other security for the
GL1RDO.\.; H. H.i..\;S.\tEfER I payment of the city's costs and expenses in an
FRE.:'ER1':.:": L. GRU.\'KE amount of $1.0,000.
THl""\."~.':"S G. {OLi.SQl'ICH I
I 2 . Completion bond posted by the developer or the
Ic.'-!s H. :>CHERER I
I general contractor in an amount equal to 1.. 25
P.'.:JL ..j. R.;¡¡:O\\"5¡;¡ times the amount of the contract price.
KE\"l:\ F. GRAY I
WiLL:.'_\I J. C.'SH.\1.4.\' 3 . A labor and materialman bond posted by the general
OA\"!D T. SHAY I contractor or developer.
RIC'i.'.i1D IV. Sù8ALI'ARRO I
4. A warranty bond posted by the general contractor
M¡;:.'i.'EL c- R.<¡¡;OIVS¡;¡ or developer warranting the condition of the
improvements for one year after acceptance by the
city.
fA.IIES H. KELL ;', .\1.0., F.A.C.P. 5. Evidence of liability insurance coverage as set
\IEDICA.L C,):'\:SCLTA:\."T forth in the Subdivision Agreement. This coverage
GoROO~ H. H.-\..'\:S:\IEIER ~ AO~IITfED TO PRACTICE may be provided by the developer or general
l;\j NORTH DA¡";OïA .-\.'"0 "VISCOSSI~, contractor.
P ACl A. R.<\J~O\'\-~Kl r.-.: \VI5COS51:\"
,-\:\"D \VIUl-\.\! J. C\SH.\t,-,\: IX SoLïH D.-\KOTA. 6. Verification of the park dedication set forth in
.. '.I""'ERCF .-\-\1ERIC"" paragraph 4.1.2 of the Agreement.
.-\RD OF TRI..-\l ADVOCATES.
Mr. Terry Schmid .
July 7, 1994
Page -2-
7 . A title opinion identifying all parties with interest in the
property which would be subject to the plat.
a. A copy of the Protective Covenants of Northland Addition.
9 . Verification of the legal description of the property which
will actually comprise Plat Three.
I have also sent a copy of the Subdivision Agreement to Joe
Bettendorf, the City Engineer, for his review. specifically, I
am asking Joe to contact me if any special circumstances exist
which should be addressed in the Subdivision Agreement, such as
necessary additional easements, drainage considerations, city
participation costs for oversizing or any other engineering
concerns.
A copy of this letter is also being sent to the City
Clerk/Administrator for distribution and review by the Council.
This Agreement is simply a draft which I am circulating to all
parties concerned for review and comment. The Agreement has not
been reviewed or approved by the City Council as of this time.
Terry, if you have any questions, please let me know. Would you .
also contact me and verify that the park contribution as outlined
in section 4.12 is acceptable to you and the Rothforks. Thank
you.
Very truly yours,
IER LTD.
H. Scherer
JHS/baz
Enclosure
cc:
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Joe Bettendorf
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. CITY OF ST. JOSEPH
SUBDMSION AGREEMENT
TIllS AGREEMENT, made and entered into this _ day of , 1994, by and
between Lumber One, Avon Inc., hereinafter called the "Subdivider", and the City of St. Joseph,
Minnesota, a municipal corporation, hereinafter called the "City".
WIT N E SSE T H:
WHEREAS, the Subdivider is the Owner and Subdivider of a certain Subdivision known as
Northland Addition, Plat Three, which is legally described on Exhibit A attached hereto and made
a part hereof; and
WHEREAS, the City's Code of Ordinance requires the Subdivider to provide for the construction
of certain public improvements, and for the financing of said improvements;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 PLAN A IMPROVEMENTS
(NOT APPLICABLE - NONE)
. 2.0 PLAN B IMPROVEMENTS
2.1 The Subdivider agrees to construct those improvements itemized below, hereinafter
know as Plan B Improvements:
(See attached Exhibit B)
The Plan B Improvements itemized above shall include all necessary appurtenant
items of work as determined by the City.
2.2 The Subdivider agrees to proceed with said Plan B Improvements entirely at his
expense, and to complete said improvements within 12 months of the date of this
agreement.
2.3 The Subdivider will retain a registered Professional Engineer, registered in the
State of Minnesota, to prepare complete construction Plans and Specifications for
Plan B Improvements and to represent the Subdivider during construction. The
Subdivider's Engineer shall:
(a) Prepare a Feasibility Report and arrange for soil borings and! or such other
subsurface investigations as the City may require.
. (b) Prepare complete construction Plans and Specifications for City review and
approval (the Subdivider shall submit four (4) complete sets of Plans and
Specifications to the City for review and approval).
¡
(c) Secure all necessary permits including those required by the Minnesota .
Pollution Control Agency, the State Health Department, the Department
of Natural Resources, or any other regulatory agency that has jurisdiction.
(d) Prepare the Environmental Assessment Worksheet (EA W), if necessary,
and any other related environmental documents, reports, or studies as may
reasonably be required by the City.
(e) Provide all necessary construction staking and related survey work.
(±) Prepare as-built drawings on reproducible mylar sepia and submit them to
the City (the reproducible mylar sepia as-built drawings shall become the
property of the City).
(g) Prepare and submit such other final documentation as the City may
reqUITe.
2.4 The City will provide the following Engineering Services:
(a) Provide such city project standards, including special details and
specifications, as the City may require,
(b) Review and approve, require modification of, or disapprove construction
Plans and Specifications.
(c) Provide a City Representative for resident construction observation .
throughout the construction period.
(d) Conduct a final inspection and review final construction documentation.
2.5 The Subdivider shall bear the cost of the above noted City Engineering Services
and shall, before construction begins, place in escrow with the City cash, bond or
irrevocable letter of credit in the amount of $10,000.00 which shall be used to cover
the cost of said services. Should the above amount exceed the cost to the City, the
City shall return to the Subdivider all unused funds, including accumulated interest.
Should expense to the City exceed the above amount, the Subdivider shall
reimburse the City for all additional costs before the improvements are accepted
by the City.
2.6 Any Contractor selected by the Subdivider to construct and install any Plan B
Improvement shall be qualified and competent to perform the work and have
adequate finances to perform. The City reserves the right to require evidence of
competency and adequate financial status of any such Contractor, and prohibit a
Contractor who fails to provide such evidence from undertaking work on the
improvements. The construction, installment, materials and equipment shall be in
accordance with approved Plans and Specifications.
2.7 The Subdivider shall make available to the City, at no cost to the City, all
permanent and temporary easements necessary for installation and maintenance .
of Plan B Improvements.
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. 2.8 In the event the City should approve the Final Plat pursuant to this Subdivision
Agreement prior to the actual construction of Plan B Improvements pledged to be
constructed by the Subdivider, then in that event, the Subdivider 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 Engineer's Estimate of the
likely costs of such improvements, conditioned upon the faithful construction of the
improvements according to the Plans and Specifications, and final approval of the
City Engineer, and the terms of this Subdivision Agreement. As the improvements
are partially completed, the subdivider may request the City to release a portion
of the Security representing the cost of the completed improvements as determined
by the City Engineer, but at all times there shall be Security in an amount of at
least 125 % of the estimated cost of completion of the unfinished improvements.
2.9 The Subdivider 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
Subdivider's insurance certificate shall be in a form approved by the City, and shall
accompany this agreement for its execution by the Subdivider and the City. The
City and the City Engineer shall be named as additional insureds on such policy
by endorsement. Such insurance shall remain in full force and effect through the
end of the warranty period described in Section 2.10.
The Subdivider shall cause each person with whom Subdivider contracts for the
construction and installation of any Plan B Improvements to provide evidence of
. insurance coverage in accordance with the City project standards issued under
Section 2.4. If all construction contracts are under the control of one Prime
Contractor, the Prime Contractor may provide evidence of Owner/Engineer
Protective Liability coverage in accordance with these standards in lieu of the
Subdivider's insurance certificate. Evidence of insurance shall be provided before
any construction whatsoever begins on the Subdivision improvements.
2.10 The Subdivider shall fully and faithfully comply with all the terms of any and all
Contracts entered into by the Subdivider for the installation and construction of
all Plan B Improvements and hereby warrants and guarantees the workmanship
and materials for a period of one year following the City's final acceptance of the
Plan B Improvements. In addition to the Security required by Section 2.5 herein,
the Subdivider shall post a warranty bond, warranting the condition of the
materials and workmanship of the improvements for a period of one year following
the City's final acceptance of the Plan B Improvements. If any claims are made
in writing within the warranty period, the bond shall not be released until such
claims are resolved. If the construction contracts are under the control of one
Prime Contractor, the Prime Contractor may provide the Warranty Bond required
by this section.
2.11 Prior to execution of this Agreement, the Subdivider shall also provide the City
with a labor and materialman's bond, guaranteeing the payment of all workmen
performing labor or services, and all supplies or materialmen providing materials
. for the Plan B Improvements. This bond shall not be released until the subdivider
has provided the City with proof of payment of all laborers and materialmen in
the form of release, signed receipts, or lien waivers. If the Subdivider contracts
.3
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with a single Prime Contractor, and all construction contracts are under control of .
the 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 improvements.
2.12 Within thirty (30) days after completion of Plan B Improvements, Subdivider shall
supply the City with a complete set of "as-built" plans in accordance with Section
2.3(f).
3.0 FUTURE IMPROVEMENTS
(NOT APPLICABLE - NONE)
4.0 OTHER CONSIDERATIONS
4,1 The Subdivider 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 terms of this
Agreement.
4.2 The Subdivider hereby warrants and represents to the City, as inducement to the
City's entering into this Agreement, that Subdivider's interest in the Subdivision
is fee owner. Prior to execution of this Agreement, the Subdivider shall provide
the City with a title opinion prepared by a licensed attorney stating the condition .
of title of the property.
4.3 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
Subdivision and shall be deemed covenants running with the land. Reference
herein to Subdivider, 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
Subdivision and all recording fees shall be paid by the Subdivider.
4.4 Any notices permitted 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 of St. Joseph, P.O. Box 668,
51. Joseph, MN 56374
If to the Subdivider at: Lumber One, P.O. Box 7
Avon, MN 56310
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. 4.5 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 conformance with the terms of this Subdivision Agreement
and all documents incorporated herein by reference.
4.6 All 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 full.
4.7 The Subdivider shall hold the City harmless from claims by 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 land development. A Subdivider 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.
4.8 The Subdivider hereby grants the City, its agents, employees, officers and
Contractors an easement and license to enter the Subdivision to perform all work
and/or inspections deemed appropriate by the City during the development of the
Subdivision.
4.9 The Subdivider shall promptly clean any soil, earth or debris from streets in the
. Subdivision resulting from construction work by the Subdivider or its agents or
assIgns.
4.10 The Subdivider shall comply with any erosion control method ordered by the City
for the prevention of damage to adjacent property and the control of surface water
runoff. As the development progresses, the City may impose additional erosion
control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other
adjacent properties, or of City utility systems. The Subdivider 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 of the work in that area. Seed shall be rye
grass or other fast growing seed to provide a temporary ground cover as rapidly
as possible. All seeded areas shall be mulched and disc-anchored as necessary for
seed retention. The parties recognize that time is of the essence in controlling
erOSIOn.
4.11 This Agreement shall remain in effect until such time as Subdivider shall have fully
performed all of its duties and obligations under this Agreement. Upon the
written request of the Subdivider and upon the adoption of a resolution by the City
Council finding that the Subdivider has fully complied with all the terms of this
Agreement and finding that the Subdivider has completed performance of all
Subdivider's duties mandated by this Agreement, the City shall issue to the
Subdivider on behalf of the City an appropriate certificate of compliance.
. 4.12 (1) The subdivider shall dedicate as public park that portion of the subdivision
so designated in the preliminary plat of Northland Plat Three dated March,
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1994, Reg. No. 10918, consisting of an area of 7.0 acres + 1-. It is agreed .
and understood that this dedication shall satisfy any future park dedication
requirements for that part of the Northwest Quarter of the Northeast
Quarter of Section 10, Township 124 North, Range 29 West, Stearns
County, Minnesota, together with the East Half of the Northwest Quarter
of said Section 10 that lies northerly of the Burlington Northern Railroad
and East of the east line of Northland Plat 2, and within the City Limits of
the City of St. Joseph as existing on the date of this Agreement.
4.13 The City shall not issue certificates of occupancy for any building within the
Subdivision until the building has been connected to sanitary sewer and water and
the streets in the Subdivision have been constructed to the point of having a gravel
base. The granting of a certificate of occupancy by the City shall not be deemed
an acceptance of any Plan B Improvements or a waiver of any of the City's rights
under this Agreement
4,14 Except for costs included in special assessments for Plan A Improvements, the
Subdivider 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 administration and enforcement of this
Agreement and its performance by the Subdivider. 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 hold all Subdivision development work
until all costs are paid in full. The City may further declare a default and collect
its costs from the security deposited in accordance with Section 2.5 of this .
Agreement.
4.15 If any escrow account or bond deposited with the City in accordance with this
Agreement shall have an expiration date prior to the Subdivider's obligations
hereunder being complete, the Subdivider 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 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.
4.16 Upon approval and execution of this Agreement, the City shall approve this plat
provided it otherwise meets the requirements of the City's Ordinance governing
Subdivisions and Zoning. With respect to all easements dedicated in the plat, the
subdivider hereby grants the City the following restrictions, which shall run with the
land:
To assure public use of and access to the drainage and utility easements, the
property owner shall not construct or allow construction of any structure or fence,
planting of trees or shrubs, or the storing of personal property within the area of
the easement which could delay, restrict or impede access through the easement
area by a person or vehicle without the consent of the City.
4.17 The following additional agreements are being made a part of this Subdivision .
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. Agreement to continue in force and effect as though they were dedications of the
plat proposed to be developed by the City, unless according to their terms are
intended to terminate earlier:
(NONE)
4.18 The subdivider also agrees to the following:
(1) The Subdivider shall cause to be recorded against the property Protective
Covenants in the form contained in attached Exhibit e. Said Protective
Covenants shall not be rescinded, amended or modified until 51 % or more
of the lots comprising the Subdivision have been sold and houses
constructed thereon.
4.19 The provisions of Chapter V of the S1. Joseph Code of Ordinances are hereby
adopted by reference in their entirety, unless specifically excerpted, modified, or
varied by the terms of this Agreement, or by the final plat approved as approved
by the City.
This Agreement shall be binding on the successors and assigns, heirs, and personal representatives
of the parties.
. Signed and executed by the parties hereto on this _ day of , 1994.
ATTEST CITY OF
By By
City Clerk Mayor
(SEAL )
(SEAL) SUBDIVIDER: LUMBER ONE, AVON INe.
By
Name
Title
.
7
STATE OF MINNESOTA ) .
)ss
COlJNTY OF )
On this _ day of , 19 _, 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 Clerk of the City of , 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 Clerk acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss
CO u:r'rry OF )
On this day of , 19_, before me, a notary public within and for
said County, personally appeared , to me personally know,
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
L: \g<n\ 1455O\a!063094.401
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. EXHIBIT A
That part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest
Quarter of the Northeast Quarter of Section 10, Township 124 North, Range 29 West, Stearns
County, Minnesota described as follows: Beginning at the North Quarter Corner of said Section
10; thence North 89 degrees 48 minutes 18 seconds West, assumed bearing, along the north line of
said Northeast Quarter of the Northwest Quarter, a distance of 446.51 feet the northeast corner of
Block 4, NORTHLAND PLAT TWO, a duly recorded plat on file and of record in the Office of
the County Recorder, Stearns County, Minnesota; thence South 0 degrees 18 minutes 53 seconds
West along the east line of said Block 4, a distance of 125.00 feet to the southeast corner of said
Block 4; thence South 17 degrees 20 minutes 48 seconds East a distance of 69.22 feet to the
northeast corner of Block 5, said NOR1HLAND PLAT TWO; thence South 0 degrees 18 minutes
53 seconds West along the east line of said NORTHLAND PLAT TWO a distance of 1124.95 feet
to the northeast corner of Block 1 said NORTHLAND PLAT TWO, said point being on the south
line of the said Northeast Quarter of the Northwest Quarter; thence South 89 degrees 50 minutes
16 seconds East along said south line, a distance of 203.50 feet; thence North 0 degrees 18 minutes
53 seconds East a distance of 25.01 feet; thence South 89 degrees 50 minutes 16 seconds East a
distance of 196.38 feet; thence North 36 degrees 05 minutes 30 seconds West a distance of 99.20
feet; thence North 0 degrees 18 minutes 53 seconds East a distance of 386.86 feet; thence south 89
degree 50 minutes 16 seconds East a distance of 203.50 feet; thence South 0 degrees 18 minutes 53
seconds West a distance of 75.87 feet; thence South 89 degrees 50 minutes 18 second East a
distance of 350.00 feet; thence North 0 degrees 18 minutes 53 seconds East a distance of 289.44
feet; thence North 89 degrees48 minutes 18 seconds West a distance of 147.00 feet; thence North
o degrees 18 minutes 53 seconds East a distance 610.00 feet to the north line of the said Northwest
. Quarter of the Northeast Quarter; thence North 89 degrees 48 minutes 18 seconds West, along said
north line, a distance of 321.99 feet to the point of beginning. Less and except the following
described property; That part of the Northeast Quarter of the Northwest Quarter and that part of
the Northwest Quarter of the Northeast Quarter of Section 10, Township 124 North, Range 29
West, Stearns Count, Minnesota described as follows: Beginning at the North Quarter Corner of
said Section 10; thence North 89 degrees 48 minutes 18 seconds West, assumed bearing, along the
north line of the said Northeast Quarter of the Northwest Quarter, a distance of 288.84 feet; thence
South 44 degrees 30 minutes 12 seconds East a distance of 119.88 feet; thence South 15 degrees 55
minutes 31 seconds East a distance of 82.99 feet; thence South 4 degree 03 minutes 52 seconds
West a distance of 83.74 feet; thence South 34 degrees 45 minutes 44 seconds West a distance of
88.93 feet; thence South 60 degrees 59 minutes 55 seconds West a distance of 99.50 feet; thence
North 89 degrees 38 minutes 50 seconds West a distance of 101.84 feet to the east line of
NORTHLAND PLAT TWO, a duly recorded plat on file and of record in the Office of the County
Recorder, Stearns County, Minnesota; thence South 0 degrees 18 minutes 53 seconds West, along
said east line, a distance of 135.98 feet; thence South 89 degrees 50 minutes 16 seconds East a
distance of 266.29 feet; thence South 83 degrees 39 minutes 03 seconds East a distance of 483.89
feet; thence North 0 degrees 18 minutes 53 seconds East a distance of 557.67 feet to the north line
of the said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 48 minutes 18
seconds West, along said north line, a distance of 321.99 feet to the point of beginning.
And that The City of S1. Joseph, a Minnesota Municipal Corporation, owners and proprietors of
the following described property situated in the City of S1. Joseph, Stearns County, Minnesota
described as follows:
. That part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest
Quarter of the Northeast Quarter of Section 10, Township 124 North, Range 29 West, Stearns
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County, Minnesota described as follows: Beginning at the North Quarter Corner of said Section ·
10; thence North 89 degrees 48 minutes 18 seconds West, assumed bearing, along the north line of
the said Northeast Quarter of the Northwest Quarter, a distance of 288.84 feet; thence South 44
degrees 30 minutes 12 seconds East a distance of 119.88 feet; thence South 15 degrees 55 minutes
31 seconds East a distance of 82.99 feet; thence South 4 degrees 03 minutes 52 seconds West a
distance of 83.74 feet; thence South 34 degrees 45 minutes 44 seconds West a distance of 88.93 feet;
thence South 60 degrees 59 minutes 55 seconds West a distance of 99.50 feet; thence North 89
degrees 38 minutes 50 seconds West a distance of 101.84 feet to the east line of NORTHLAND
PLAT TWO, a duly recorded plat on fIle and of record in the Office of the County Recorder,
Stearns County, Minnesota: thence South 0 degrees 18 minutes 53 seconds West, along said east
line a distance of 135.98 feet; thence south 89 degrees 50 minutes 16 seconds East a distance of
266.29 feet; thence South 83 degrees 39 minutes 03 seconds East a distance of 483.89 feet; thence
North 0 degrees 18 minutes 53 seconds East a distance of 557.67 feet to the north line of the said
Northwest Quarter of the Northeast Quarter; thence North 89 degrees 48 minutes 18 seconds West,
along said north line, a distance of 321.99 feet to the point of beginning.
·
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.v RAJKOWSKI HA~SMEIER LTD.
A I tOf1I¿ 11-:; a f Ltlii'
Reply to: st. Cloud
ST. ClOI.:D
! 1 Seventh '-\\'tnuc :\urth July 8, 1994
P.O. Bo, H33
Sf. CklUd, \1' 3f,3n:- ¡-t~~ Mr. Thomas Janson
61:-131 -1053 Attorney at Law
¡,OO--f-.ß-Q6Iï P.O. Box 1752
FAX 61~·~51·5R9h st. Cloud, MN 56302
Re: Rieke Fence Complaint
M/:-;:-;EAPOllS Our File No. 16,551
':9Q..! ~~aza \'11
-1,3 50uth S~\"enth StrC't"t Dear Tom:
\Iinnt!dpoiî... ~I~ 53..W:-lfl2r Enclosed herewith, please find two copies of Summons
a
¡:'1':·_;~9·o.120ó and Complaint relating to the Rieke fence. It is my
:..;on-+-.;5·":¡ríJ7 understanding that you have been authorized by Ross and
FAX A1:-::q -5¡';QI) Mary to accept service on their behalf. If that is
correct, would you please sign the Acknowledgment of
. Service form and return it to my attention. If you are
not authorized to accept service, please advise me and
I will make arrangements for personal service on
Fp..~.s;,,· f. R.::H,tJ~\rjKl " Mr. and Mrs. Rieke.
Gc'RDO.\· H. H-'."5M£¡L~
FREDERIC.:" L. GRU,\'RE Thank you.
TfiLUf.';'5 C. f"...-'I\'.4,\·OV1CH Very truly yours,
¡l'HX H. 5e.'l£,'£!'.
PAUL A. R4IKO\\'5KI RAJKOWSKI HANSMEIER LTD.
Knïx F. GilA'-
\VnLl,-L\! l- C45H.\I.;X /~
DA~'JJ) T. 5.4,-!"
RICHARD W. SOB.;U'ARRù Scherer
,\tIICH.4£L C R41KOl\SKI
JHSjbaz
Enclosure
I-UI£5 H. KELLY. .\,tD., F.A.C.P.
MEDICAL C\.."\:-';SL:LTA:-.;r
GoROO\: H. HAXS).iEIER [S .-\DMIITED TO PRACTICE L:\gen\16551\~f063094.011
I~ :--JORTH D:U~OT.-\ AXD \rVISCO:-';SI;\;,
P.-\L"l A. R-\JKO\'~KII:-'< \'l/1SC0:\'51:-;
A:\'D ~'l/IUIA.\I J. C-\SH:\I.-\...'\: I;": SoL"TI-i DAKOTA.
. . :>'-IE"BER 0F -"'''ERICA''
O.-\.RO OF TRl-\L ADVOCATES.
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STATE OF MINNESOTA IN DISTRICT COURT .
COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT
------ CASE TYPE: 14 - OTHER CIVIL
CT. FILE NO.
City of st. Joseph, a
Minnesota Statutory City,
Plaintiff,
vs.
Ross Rieke and Mary Rieke,
Defendants.
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SUMMONS
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THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to serve upon
Plaintiff's attorney an Answer to the Complaint which is herewith .
served upon you within twenty (20) days after the service of this
Summons upon you, exclusive of the day of service. If you fail
to do so, judgment by default will be taken against you for the
relief demanded in the Complaint.
RAJKOWSKI HANSMEIER LTD.
. Scherer - 13076X
ttorneys for Plaintiff
11 Seventh Avenue North
P.O. Box 1433
st. Cloud, Minnesota 56302
Telephone: (612) 251-1055
L:\gen\16720\af063094,072
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. STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT
------ CASE TYPE: 14 - OTHER CIVIL
CT. FILE NO.
City of st. Joseph, a
Minnesota Statutory City,
Plaintiff,
vs.
Ross Rieke and Mary Rieke,
Defendants.
------
COMPLAINT
------
For its cause of action, Plaintiff states and alleges:
I.
. That Plaintiff is a municipal subdivision of the State
of Minnesota located in Stearns County, Minnesota.
II.
That Defendants are residents of the City of st.
Joseph, and are owners of the real property located at 41 Fifth
Avenue NW, st. Joseph, Minnesota.
III.
That on or about October of 1993, the Plaintiff had in
existence an ordinance regulating the construction and
maintenance of fences or walls, identified in the 1992 Edition of
the st. Joseph Code of Ordinances as Ordinance 56.
IV.
. That on or about October of 1993, Defendants applied
for a permit pursuant to the Ordinance for the construction of a
. .
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fence on the above-identified property. Based upon Defendants' .
representations with respect to the manner and method of
construction of the fence, the permit was granted.
V.
That after commencement of construction, the Plaintiff
received complaints from other residents of the City of St.
Joseph alleging that the fence was being constructed of materials
prohibited by Section 56.5 of the Code of Ordinances,
specifically that provision prohibiting the use of creosote
lumber in the construction of the fence. A sample of the fence
was secured on February 7, 1994, and tested for the existence of
creosote. The results of the testing indicated the presence of
creosote in the fence materials. Testing on the second sample
secured on April 20, 1994, also verified the existence of .
creosote within the lumber used to construct the fence.
VI.
That on or about May 11, 1994, Plaintiff provided
written notice to the Defendants advising Defendants that the
fence was in violation of Ordinance 56 and directing the removal
of the fence within 30 days of the Order.
VII.
As of the date of this Complaint, the fence has not
been removed from the property in question.
VIII.
That section 56.12 of the St. Joseph Code of Ordinances
authorizes the plaintiff to seek a court order directing removal
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. or other injunctive relief with regard to any fence constructed
or maintained in violation of Ordinance 56.
IX.
That the fence constructed by the Defendants at 41
Fifth Avenue NW is in violation of st. Joseph Ordinance 56, and
the Plaintiff seeks an order from the Court enjoining the
continued maintenance and directing Defendants to remove the
fence.
WHEREFORE, Plaintiff requests judgment enjoining the
maintenance of the fence by the Defendants, directing removal of
the fence within ten (10) days of the order and awarding
Plaintiff its costs and expenses incurred herein, including
reasonable attorney's fees.
~
. Dated this 30th day of June, 1994.
RAJKOWSKI HANSMEIER LTD.
oh . Scherer - 13076X
Attorneys for Plaintiff
11 Seventh Avenue North
P.O. Box 1433
st. Cloud, Minnesota 56302
Telephone: (612) 251-1055
ACKNOvlLEDGE}ŒNT
The undersigned hereby acknowledges that costs,
disbursements, and reasonable attorney fees may be awarded
according to Minn. Stat. § 549.21, subd. 2 to the party against
whom the allegations in this plea
. L:\gen\16551\af063094.071
3
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. FOLLOWUP FROM JULY 7, 1994 COUNCIL MEETING
Look up information received previously from MTC and notify Anne
¥irhluender to contact me to receive it. The Council agreed to
\ allow her to ~o a su~vey to determ~ne interes~, but reques~ review
, of any mater~al pr~or to survey~ng or publ~c contact w~ th the
material. Make her aware that last time there was interest the
cost to the community was exorbitant.
Notify Joe Bettendorf that the road to maintenance shop has been
approved to be included in the OH 52 project.
~ake a copy of the Krebsbach Plat for the file, the Fire Board
members and interested persons. 1-/)- 9Lf
Make copies of the followup list of tasks to do, from the June 15
meeting to send out with the draft of the July 7 meeting.
Notify Joe Bettendorf to look at the access easement area
Morningside Park for upgrading it.
~Put Police Chief contract under Old Business. .-/ 'f7 c.,/
/-j/- {
Send letter to owners of the Linnemann Inn that the ~rface ,
. material Qf the parking lot is not acceptable .~(~ <:....v/.' _ t:__ :;:: /~,~
i;-0-_;.r~___~'iÞ-S~ '!- ~C-L--!~_r/yJ-~~ .-/t..f.S:'-¿:_~-~-~~~ß --" './ . C,I
Check with cityJ AttorRey and have City Engineer recommend
~efinition of hard surface, to set up for public hearing. Put
notice of public hearing in the Newsleader also.
~ ..
S d letter to. .ê~e. Karnilt~ and the property owners of the
. evelopment Corporëi'ffõfi--lhat the property was cleaned to
satisfaction. Thank you.
Borresch Property - send certified letter to the owner to clean it
up in thirty days from receipt of letter, or city will have it done
and charged to the property owner. Contact Ron Euteneuer to make
a list of the cleanup needed.
~mo to Police - Lock Millstream Park bathrooms after the renters
have left the park.
Request City Attorney to write amendment to dog ordinance to allow
~re than two dogs per household. The interested parties must come
. efore the Council to request permission to keep more than two
.. dogs. Under certain circumstances they the Council may allow more
, than two. Also to restrict alligators, pigs, monkeys, large cats
(lions, tigers, bobcats, etc. ) , reptiles and other related
unacceptable pets.
. ~prepare annexation petition and get it to the Township for
consideration and signature. wi /<êfl~
, "
<
Prepare memo to Ron Euteneuer that Merl Jersek presented a proposal .
to the Council for four permenant installations to hold temporary
signs. The entire holders would be contained underground.
~epare proposal for raising water rates and financing water
if!\P~oJem~nts '" Compare rAtes, wi th surr~un~ing ícommuni ties. - S..f-C'/~<-{j~
L '", (~ :;, p r ¡ 1'1 ct \ A '/ (; h <: "'" "-<- .../ '<""""" j, G <':' '.A)c- , ~ ÇO r:;.C S;;"1- -J6"";? Y' I,
, .... ~. . '- : .....:::.' . -. .- ~ ) ...-
Listen to~ the tape of tHe meeting when Terry Schmid received
approval for Preliminary Plat for Northland Three Four and Five.
Send directive to Supt of Public Works to dismantle the full set of
~leachers at the baseball park. Contact Bob Loso for further
information. '1-! ]r
~all John Benson to notify him that his proposal for a narative
oral report was accepted. 7' - / / -97'" ~/~~.
~ifY John Scherer to include installation of cable in the
, evelopers agreement .Î- ¡::-
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