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2001 [07] Jul 28 {Book 22}
· if!} of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 St. Joseph City Council (320) 363-7201 June 28, 2001 Fax: 363-0342 7:00 PM 1. Call to Order CLERK! ADMINISTRATOR 2. Approve Agenda Judy Weyrens 3. Consent Agenda a. Bills Payable Requested Action: Approve MAYOR b. Gambling Premise License, St. Joseph Jaycees, Requested Action: Approve application for Larry J. Hosch gambling license for the Jaycess for the following sites: St. Joe Gas & Bait, SaPs Bar. c. Disposal of surplus property - 94 Ford Squard Car. Requested Action: Declare 94 squad COUNCILORS surplus property and accept bids for the disposal of such. d. Park Board Capital Purchase Request - (4) Picnic Tables and pads; (3) benches and pads. Bob Loso Requested Action: Authorize the expenditure not to exceed S 4,500.00 to be expended from the Cory Ehlert budgeted Park Development Fund. Kyle Schneider e. Street Closure Request - Fire Department Waterball Fight. Requested Action: Close Alan Rassier Minnesota Street (County Road 77) between College Avenue :\orth and 1" Avenue:\E - July 3. 2001 between 6:00 pm and 9:00 pm f. Police Department Computer Software Request. Requested Action: Authorize the Police Department to enter into a service agreement with Stearns County to provide a Records Management Software System. The funds will be expended from budgeted funds. g. Final Payment, City Hall Facility. Requested Action: Authorize execution of the final payment in the amount of $10,391.00 to Gopher State One Contractors · 4. Public Comments 5. 7:05 PM - 2000 Audit Presentation, Jennifer Thienes (KDV) 6. 7:25 PM - Debt Management Study, Monte Eastvold 7. 7:45 PM - City Engineer Reports a. Capital Improvement Plan b. County Road 121 c. Northland Phase V 8. 8:00 PM - All Spec Services a. Mechanical and Plumbing Code b. Amendment to Building Ordinance to include provision for permitting roofing and siding, 9. 8: 15 PM - Renee Zirbes, Lot Split request, 3'd A venue SE 10. 8:30 PM - Discussion on sale of property located at 21 - I $I A venue ?\\\" 11. 8:45 PM - Department Head Reports a. Fire Chief, Dave Theisen - 6 month Fire Report b. . Public Works - Discussion on Truck Trade, Utility Truck 12. Mayor Report 13, Council Reports 14. Clerk! Administrator Reports a. July 5, 200 I Meeting · b. Certificate of Compliance and Quit Claim Deed for excess property - 12th Ave SE c. Assessor Request to increase per parcel rate d, Roof Repair Bills 15. Adjourn . Notes to the agenda...... 3 (c) Disposal of surplus property - The new squad car has arrived putting out of service the '94 squad. The Police Chief has recommended the City Council declare the property surplus and allow for the sale of the car. The proposal is to publish a notice that the City of St. Joseph is accepting sealed bids for the sale of the squad and allow a two week window for submission. We have already established a minimum price that would need to be received. As this document is public information, Councilors wishing know the minimum bid should contact Gary or myself. 3 (d) Park Board Request - The Park Board received quotes on purchasing 4 picnic tables and 3 benches to be installed in the Parks. The tables will be purchased from Amcon and the concrete work will be completed by Concrete Plus. The funds for this project or budgeted funds within the Park Development Fund. According to Statute the Council must approve any Park Board purchase over $ 3,000.00. 3 (e) The Fire Department is requesting to close a portion of Minnesota Street East as in the past for the annual 3rd of July Waterball fight. Dave Theisen has already received approval from the County . 5 KDV does not have the audits bound at this time, I will forward copies as soon as I receive them. . 6. Debt Management Study - Monte Eastvold will be preparing a new debt management study reviewing the existing bond funds and revenue sources to assure that all obligations are met and determine if revenue sources can be diverted. Also, Monte will provide a proposed bond issue including funding sources for Northland Phase Five and County Road 121. The document will be presented at the meeting by Monte as he had to wait for the final audit numbers from KDV. 8. All Spec Services - Nancy Scott will be present to request the Council make a decision on the implementation of the Mechanical and Plumbing Code. Included in your packet is a sample form that would be used as well as a fee schedule. In addition a decision needs to be made regarding the issuance of a permit for roofing and siding. The State Building Code does require a permit. Nancy has suggested the City charge a minimal charge of $25.00. 9. Lot Split Request: Renee Zirbes will be appearing before the Council to request the City Council authorize the splitting of a parcel of property on 3rd Avenue SE. The property in question is located at the intersection of Baker Street and 3rd Street SE (formerly owned by Sylvester Theisen). If the property is split each parcel would contain the required II ,000 square feet. Zirbes will be requesting a variance from the Planning Commission to construct a second group home within 1000 feet of the existing facility. I referred this matter to the Planning Commission but they did not make a recommendation on the lot split as they did not feel it was within their realm. If the lot split is granted it should be made clear that the approval to split the property does not grant or imply approval for the construction of a second group home. . 14 (a) Next Council meeting The Council needs to clarify if a meeting will be conducted on July 5, · 2001. The Council had decided to wait until the date was closer to make the determination. If a meeting is not scheduled, the next meeting will be July 19, 2001 and we will be back on the regular schedule. 14 (b) Certificate of Compliance When the City purchased the ROW for 12th Avenue SE from Ron Kostreba, the property was not recorded as public road. On the plat included in your packet you can see there is a property gap between 12th Avenue SE and Lots 1 - 3 Block 5 Pond View Ridge Six. Bob Herges has sold one of the lots and cannot receive clear title to this property until the property gap is resolved. Joe and I will be talking to John Scherer to fmd the best way to resolve this matter. Unfortunately we will need to resolve this issue before the next meeting so we are asking for approval to Quit Claim the property if needed so that the above mentioned lots can be sold. 14 (c) Roof Bids In your packet is the final quotes to repair the roof. I would encourage anyone with questions to talk to Larry about the quality and comparison. Larry has stated that there is a significant quality difference with the materials being used for repair. 14 (d) Assessor Parcel Increase Ollie is requesting the Council consider increasing the per parcel amount he receives monthly. I have reviewed the budget and this was not planned at the time of budgeting. If approved the Council will need to supplement the budget or make the raise effective January 1,2002. FINAL NOTES · I will fonvard with the audit the bids received for the purchase of the property located at 21 - 1st A venue 1',TW. · 26 Jun 2001 Bills Payable ?age Tue 5,56 PM City of St. Josepe June 28. 2001 . Transaction Depart Check Number Name Amount Comments Description Fund 29870 A-I TOILET RENTAL 63.90 satelite re:lt:al Park Areas 101 29871 AFSCME COUNCIL 65 228.40 dues, June 101 29872 ALL SPEC SERVICES 2,754.06 inspection serIices Building Inspec. Admistrat.~on 101 29873 AMERICAN LEGION POST U328 133.34 building sto~age Street Maintanence 101 29873 AMERICAN LEGION POST U328 133.33 building stc~age Administration and General 601 29873 fu~ERICAN LEGION POST U328 133.33 building st:orage Administration and general 602 29874 ANDY'S TOWING SERVICE 25.00 tire repai~. 01 Ford Automotive Services 101 29875 AUTO VALUE PARTS STORES - WEST 499.68 batteries filter Fire Station and Building 105 29875 AUTO VALUE PARTS STORES - WEST 181.28 filt.ers, oil Street. Maint.anence 10::" 29875 AUTO VALUE PARTS STORES - WEST 455.82 repair supplies Fire St.at.ion and Building 105 29875 AUTO VALUE PARTS STORES WEST 425.70 repair 5uppl~es St.reet. Maint.anence 101 29876 BAKER ELECTRIC 199.61 sign wiri~g Cit.y Hall 422 29877 BLACKBURN MANUFACTURING CO, 185.79 spray:ng ::ags, 'Ñarnl::g Park Areas .. ."\ ~ 29878 BRANNAN LOCKSMITH 12.78 keys Cit.y Hall 1'::>1 29879 BROWNING-FERRIS INDUSTRIES 184.37 parks, dumpscers Park Areas 101 29879 BROWNING-FERRIS INDUSTRIES 57.84 refuse collect.ion Administration and general 602 29879 BROWNING-FERRIS INDUSTRIES 50.61 refuse collect.~on Fire Fighting 105 29879 BROWNING-FERRIS INDUSTRIES 7,895.22 refuse collect:ion Wast.e Collect.ion 603 29880 CAMERA TRADER 55.01 film develo?~e:lc Crime Cont.rol & Investigac:'on 1°' v_ 29880 CAMERA TRADER 2.88 film develc;::r.e::L:. Crime Control & Investigas:on 1): 29881 CARLSON, MICHELLE 73.74 farmers marke:. Legislative Commi~Lies ~v_ . 29882 CASE CREDIT CORPORATION 572.99 repair loaèe~ Street Maintane~ce 101 29883 CELLULAR 2000 7.95 cell phone Street Maintane~ce 101 29883 CELLULAR 2000 28.83 cell phone Administration and General 601 29883 CELLULAR 2000 7.95 cell phone Wast.e Collection 6J3 29883 CELLULAR 2000 114.61 cell phone Communication Ser~/ice 1 ,.... ~ 29884 CENTRAL MCGOWAN 26.05 meàical ~xy~e~ Meàical Services - -- 29885 CIRCUIT CITY INC 489.80 2 - :3u :.e...:.ev:..s:.o:-:.s Cable Access - -- 29886 CITY OF ST. CLOUD 12,148.41 sewer charges. ~ay Sewage Treatment Plant ÓC2 29887 COMMISSIONER OF REVENUE 47.33 wit~~olè~~g Salaries & Admins:.rati'le :C~ 29888 CT FARM & COUNTRY 293.43 water wago~ ~a~~s Park Areas 10: 29888 CT FARM & COUNTRY 299.69 water t~~~ s~pplies Park Areas 101 29889 DAISY A DAY 47,93 flowers, fr..:.ehlir..gsfest Legislative Commit.t.ies 101 29890 DINGMAN, MARY 31.95 refunà pa~tial ~eTItal fee 101 29891 DUFNER, ANGELINE 1. 26 farme~s :na.r:<e~ Legislative Commit ties lei 29892 EARL F. ANDERSON & ASSOC 1,679.82 street pa.:.:::. Street Ma:ntane~ce ~"- 29893 ECON DEVELOPMENT ASSOC OF MN 175.00 EDAM Con:eYe~ce Economic Development Aut~ority ........;.,;. 29894 ERICKSON ELECTRIC COMPANY, INC 666.00 circuit Ye~a~rs, '="lAC City Hall ~LL 29895 FENEIS ENTERPRISES, INC 105.00 se~Fice cc~t:~act. s:.gn Community Sign ...;.v_ 29896 G & K SERVICES . 47.91 towels, : _c:::;~ ::--.1I"_,.··:e~s ?ire Station and Building IC5 295S¿ G & K SERVICES 47.91 to'Ñe~s . :_::;;;:;::- ::.-:.::-:..;.e~s ?ire Statior. and 3uildi::g :'J5 29897 G S MUSIC 65.00 music. ~ - - - ~eg~slatiYe Commic:.ies "-V_ =::::-~e::_:'::::::s:es:: 2989'= 3APINSKI, MARY KAY 33.93 ar~s¡=::.-a:~ 5~;~::'2S ?ar:.icipant RecreaciDn . -- 298"S 3."\PINSKI, MARY KAY 13.56 ten~:s ~a::s.~~ps,~cx ?ar:.icipant Recreation "". ...... - 29898 GAPINSKI, MARY KAY 22.92 summer rec s:.:~p::.es ?articipant Recreation - -- . 26 Jt.<D 2;)01 3ills Payable ?ace 2 ~ .....-.... S:5ó rt'¡ Ci::y of St. Joseph . June 28, 2001 Check Transact.ion =e:;a~: NUr7l:::>er Name Arr;ount Comments =esc:-:'pciO;1 -,.1"..... 29899 GER.ZillS, DUA..'1E 327.58 cleaning, mowi!1g ~:'cy ~a:l ,,,,. 29899 GERADS, DUANE 300.00 cleaning, mo·....ing Ci~y ~all Anrlex _ 'J l.. 29900 GRAEVE, JA.t1ES 120.00 6 planning meetiEgs Legis:a:ive Committies -..,; .... 29901 GRn·1SLSY, LARRY & JULIE 31.95 refund partial :r-er.t.al fee "':'0:" 29902 K~''iPTON îNN 140.12 U1C ccr.fere::ce, ":"CG9:::S Sala~:"es &: Adminstracive _Vl. 299C2 r.AÞ~PTON :!,T}J 210.18 U·1C ::onfeye::.ce, _0::::=::-.::: .:::;.:.>;.:::.~ -'~ ~ 29902 !-W·1PTON IN~'J 210.18 HIC conference, ~ccg.:.::~ ~ayc::- · -- - -- ¿:J:Jv:' HA~'iKINS ~'¡AT.ER TREAT:'~2NT GROUP 144.00 sewer t.ests Se'n·age :'~eatment Plane 6-:;2 29903 EA.~'(KINS NATE? TREAT:-1E~~T GROUP 144.00 water ~ests ~j~i~:'s:~ation and Ger.era: ~ 'J_ 2990.; EONER PVf-1PI~G 200.00 se....'er repairs, - .- Se~a~e ~~eat.ment Plan~ 6·]2 -..icsep::. :::::. 29905 =~TSRS~ATE 3E&qI~G 10.52 bearir;.g :?a~k _:"~eas - -- 29906 ..I..:;i.....-v, :~C 528.53 repair samp2.e:::- S~::.~~a~j Sewer Mai~te~a~ce S·}2 29907 X1 G~:3TONE OIL CO., IUe 382.38 àiesel E~el :27') .::3._ Xa:"r::. · " - - -- 29908 K.E.E.P.R.S. INC 81.90 shirt, Thompson C:-irr:e CO:1crol & Investiga::.io:-. _u 29908 K.E.E.?R.S. INC 33.97 shirt, patches Sc~ley C:-i:T:e C~rltrol & Invest':'ga:.~ç:: _ 0" ¿':J:Jvo K.E.E.?R.S. INC ~6.95 rain ccat, yo=g C:::-i~.e :crrcrol & !nvestiga-:io~ -;..- ~ 29909 KALIUOWSKI, KATiiLEEU S. 60.00 3 plarli~ing ~eeti::.ss ~2si~:a:.':'ve Cc~mit~':'es · _. - -- 2 ~ 91 0 K..".S:·; - .'~,j 60.00 radio aàs, :~eh:':'~gs:es: ~çgisla:':'ve Ccmmltties - -- 29912- ~~E3SEAC~ ENTER?R:SSS 583.00 gas .:":...:.:ç::-.o:.: ':e Services -- - 299~2 :JÚI ENFORCEj,jENT L'GOR SERVICES 165.00 j0.ne : edera:. :c:: :::::..:es · -- - -- 299:3 l..,SE 'S ACE HA..><'D~'¡A.~2 ~O.56 repaIr s~ppl~es =:::-':':-:-:e- ~c::t.~al & l::;"'o"es c.:gô. ::C:--. · -' . - - - 29913 LEE'S ACE Eþj,D\'/ARE ~3.14 repai~ supplies ::"t.y ::a:: _ 0_ 29913 !...2E I S Þ.~CE ~.A.qDHA..~E 3.18 repair si.lpplies ~~~i~:"s:.~acion a~d Genera: - -- 29913 LE2 I S .~CE P.A.~D~I¡ARE 23.17 repalr s~pp~:es ?i~e S~5=ion anè 3u:lè:~9 -. - 29913 I..2E 'S .~CE HJ\R!JNARS 171.01 recai~ suoDl:es ?ark ;;~ea.s - ~ '"' . -- - -- 29913 ~=:2' S AC2 :-:.À.;'D~'¡AR£ :.59 repair supp~ies S=~ee= X3i~tanence - - - 29913 ~E~ 'S .;.C::: ::~z...._:~.D~';þ....qE 55,30 re"8ai:- su:>c::'':'es ,;:;:':;'",,·3::e- .....o..::.t-~"".....- ~ ;:.n.- ::_L - .- - - -....- - -......... 299l~ ~~~'S AC~ ~~RDW~RS . . -- re8a:r s<...;.,;:::::_:.e3 _:. :'f ..- -- - -- . -- 2992.'; ~~~? EROS ';2.63 :lcor :'--In::e!:"s, :c·...·e::.s - -., -;;: .;;;-úlex -. - ---' .._-- 2991.4 ~2E? 3RCS 55.00 clo~hi::g se~/:::e 3=~ee= Xaintanence - -- 29914 ~2:::? 3R05 55.00 clothi~g ser/ice ?a~k rtYe-as - "ì; 29914 LEEF BROS 55.00 clothi~g ser~ice A~~r.~sc::-ation a~à Gene~a::' .sO: 29914 LEEF BROS 55,00 clothir.g ser¡ice ~~~:~:'s=~ation a~è gene~a~ 5J2 29915 LESNICK, :·tA,1:{GS 80.00 4 pla~~ing mee~:~gs ~€8is:a:ive Committ':'es -0- 299:6 ~8S0'S S70RS :·::.3:" cat::er:"es :::.-:..:-:-.e -:::::.r::Jl 5.: ....."--...-.....--- ~- ....::::::: '- _....c:: _ _ ~.. --- 29917 !...O~'iEL~ , 7EO:.-':.,i:.,,'; 30.53 wall ~ap 2ç~e~5 -:-·.....c ,:--;:.--.-,- ;::.--,...; ::¡~,.'-~._~ - --- -------.. ......... -....--.....-..~ --- ~::: ~. ;:; :,~C=-:Jh'.i\L:.. :C¡·1FORT :·:ANAGE¡·1E:-:í- 339.25 ~\¡~C repa.:::.-s ~- -., ::::. -;22- ---' ......-- 29S-~8 :·~C=<:)';,¡'Al.-;'" ::C:·~FORT :.ti:."NAG2ì·1EKT 5,~80.00 serVIce cv~t.~ac:, ~'..·;,~C ::. :.-/" ::..a.:: .;"l..'1ex - -. ~ - -- 29:;; ~ 9 XC=:J~'L;:"L CC:':!?.ð...:."\ -Y 280.00 prcgra~i~g ~,~C ::'=y :-=-Õ.:: .;¿¿ 29?2': :,~ENÞ.j~.DS 36.20 mulch, shreèàed ::e:::a~ ?3.~:.ç, .:'....re--s.s - -- - -- 2.? S 2:-- ~'~SXA..~::S 75.85 repai~ 3up~::':es ?a~:<:' .:....reas - .. 29?2G :·~2NA.R=S 58.29 palr.t:.:-:g :-:-a;¡,e ::a=e.~:"5.:5 5:~ee= ~air.tane~ce · .- - -- ¿:;::¿ -- :·~2".::·E:{. ~C1-':N 296.22 T;oce:. :-:-:.ea:s - - -- --..- ---- - -- - - -... -..-'--....... - -- ¿ ",::;1L¿ >~::-mESC':'-;... ~:::P.~RT;.1E:·E· OF 7?A:-!S ;:::; ......,.., :::er:::::· ::::--"::::.-::5 E:~ee: ~air.:a:-:ence - - - 29:-2.3 :-:r ~!N:::S~'TA -:'?.Þ-.VEL >:.:.....'\AG~~·!EX7 --:"65.20 sas ~~::~=::"'¡e Ser~:=es -- - . 26 Jun 2001 Bills Payable Page 3 Tue 5,56 PM City of St. Joseph . June 28, 2001 Check Transaction Depart Number Name Amount Comments Description rund 29924 NAHAN, TOM 13.61 shelf Cable Access 101 29925 NORTH STAR PAINT & BODY SUPPLY 91.61 street painter repair Street Maintanence 101 29926 NORTHLAND ELECTRIC SUPPLY 52 . 72 bulbs, office sign City Hall 422 29927 OFFICE MAX 147.03 office supplies Salaries & Adminstrative 101 29927 OFFICE MAX 42.56 microcassettes Crime Control & Investigation 101 29928 PERA 10.00 retirment Salaries & Adminstrative 101 29929 RADEMACHER, CHAD 40,00 alcohol compliance checks Crime Control & Investigation 101 29930 SAM'S CLUB 45.21 video tapes, office suppl Crime Control & InvestIgation 101 29930 SAM'S CLUB 248.44 55 gallon oil Maint Shop 101 29930 SAM'S CLUB 15.96 cups Maint Shop 101 29931 SCHNEIDER. KURT 80.00 4 planning meetings Legislative Commit ties 101 29931 SCHNEIDER, KURT 60.00 3 planning meetings Legislative Committies 101 29932 SCHROEDER SPORTS 1,192.50 summer rec shirts Participant Recreation 101 29932 SCHROEDER SPORTS 39.35 hockey goal & net Participant Recreation 101 29932 SCHROEDER SPORTS 156.61 balls,discs,helmets Participant Recreation 101 29932 SCHROEDER SPORTS 650.00 t shirts, summer rec Participant Recreation 101 29933 ST. BENEDICT'S MONASTERY 68.51 tapes,fruehlingsfest Legislative Commit ties 101 29934 ST. CLOUD FIRE EQUIPMENT 136.50 fire extinguisher trainin Fire Fighting 105 29935 ST. JOE GAS & BAIT 137.50 gas Street Maintanence 101 29935 ST. JOE GAS & BAIT 137.50 gas Park Areas 101 . 29935 ST. JOE GAS & BAIT 137.50 gas Administration and General 601 29935 ST. JOE GAS & BAIT 137.50 gas Sewage Treatment Plant 602 29935 ST. JOE GAS & BAIT 72 . 82 gas Street Cleaning 101 29935 ST. JOE GAS & BAIT 77.57 gas Fire Fighting 105 29935 ST. JOE GAS & BAIT 34.57 gas Automotive Services :'01 29935 ST. JOE GAS & BAIT 43.65 shipping, tests Sewage Treatment Plant 602 29936 ST. JOSEPH MILLING 787.50 fertilizer Park Areas 101 29936 ST. JOSEPH MILLING 278.00 fertilizer Park Areas ::'01 29937 ST. JOSEPH NEWS LEADER 21.60 summer workers Street Maintanence 101 29937 ST. JOSEPH NEWS LEADER 101.25 fruehlingsfest Legislative Committies 101 29937 ST. JOSEPH NEWS LEADER 43.20 spring clean up Waste Collection 603 29938 STEARNS COUNTY SHERIFF'S DEPT. 79.20 ticket books Crime Control & Investigation 101 29939 STEARNS COUNTY AUDITOR~TREAS 75.00 audit verification fee Salaries & Adminstrative 101 29940 STEARNS ELECTRIC ASSOCIATION 36.56 street lighting Street Lighting 101 29940 STEARNS ELECTRIC ASSOCIATION 323.50 street lighting Street: Lighting 101 29941 SUNRAY PRINTING 125.00 ad, CSB programs Crime Control & Investigation 101 29942 TENVOORDE MOTOR COMPMfuVY 79.82 truck repairs Aàmi~istration and general ?\J¿ 29943 THEISEN, DAVE 407.42 meals,mileage,mot:el fire Fire 7raining 105 29944 THOMSON GREENHOUSE . 143.02 flowers, monument: park Park Areas 101 29944 THOMSON GREENHOUSE 82.11 flowers, main street Park Areas 101 29945 TIREMAXX SERVICE CENTERS 12.25 t:ire repair Automotive Services 101 29945 TIREMAXX SERVICE CENTERS 21.95 LOF 01 Ford Automotive Services ":"v.!. 29945 TIREMAXX SERVICE CENTERS 80.76 tire repair Park Þ.reas :'0::" 29945 TIREMAXX SERVICE CENTERS 27.95 truck repair St~ee~ ~aintanence 101 29946 UTSCH, GERALD 280.00 7 planning meetings Legislat~ve Committies :'01 . 25 Cun 2001 Bills ?ayab1e ?a~e .; . ~- 5:56 ... City or St. Joseph · June 28. 2001 ChecK Transacti.on ::e"8a:-:. r;urr.ber Name Amount Commencs :::escr:";::.:"c:: . ......... 2994 7 ~'¡EYRENS, JUDY 280.24 LV¡C conference Sala::-':es &: A'i:ni::st~at.i.'..--e :La: 29948 XCEL ENERGY 126.07 electricity Styeet ~aintar.e~ce 10:3.. 29949 ZE? :·!Ah1.ìFACTURING 355.33 cleani~g solvents ~a':flt: Shop 101 29950 ZI:'!1-!ER'S GREENHOUSE 583.25 flo'Hers, ~eimb Lions ..:..v_ 3rar:è Tota.l 50,710.32 · . '. · State of Minnesota For Board Use Only Gambling Control Board Amt Pd Premises Permit Renewal Application Check # eG214PPR Printed: 3/5/2001 Date License Number:B-03011-001 Effective Date: 8/1/1999 Expiration Date: 7/31/2001 Name of Organization: Jaycees St Joseph Gamblin~ Premises Information Name of the establishment where gambling will be conducted Sals Bar & Grill Note: Our records show the premises 109 W Minnesota St is located within the city limits St. Joseph, MN 56374 County: Stearns Lessor Information ÐiaBe :Mark Schndder V, Co. '<', ~ \'. ::'c..'-<\'/) Q. \ t.\~ 6493 269th. St 3\\G4 \'5~ \\~, "'Y9IBiBg, :MN ~S092 S\¡· ~o";)e..ç>\-" mx\J ~fo?71.j Name of the property owner (If different): Square footage leased per month: 33 Rent paid per month: 300 . Square footage leased per bingo occasion: Rent paid per bingo occasion: Bin~o Activity Our records indicate that Bingo is not conducted on these premises. 'i'Y"\ \ '" '" ~ "<><>\.0-. S\. Stora~e .Information Cv-. ~,\-( ~~,(,A.~ lO<\ vJ '. ~..... ~o" e.~'" . '00". ""' s-~ "?I L- 8L\iSù Q..~~) Ÿ-& 75, s,!,,¡ . ;)0,,:> e ~ "'. yY) N 51037'1 - o .Ir1t s, ~ ~\.>,-«..'òL ~ 'i?\o..yedJ(I-o~,"J 5G.1'I\· Bank Information 1st State Bank of St Joseph Gambling Bank 25 N College Ave Box 159 Account Number: 107660506 St. Joseph,MN 56374 On the lines provided below list the,name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title J 0 V"'\ V. \2-~~'\- <0'101 .23(.,. .so\- S \. . Q \ov-ð V\'\\V n-,ù\ &.... <'n'vN <'\ L.... ~o-'<\~ v· \...\~c..~ /099'8 ~ QJ LJ 5: \_ ~'x '" "' 'Y\ v-.J S-b 37'1 c..~O (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request Page 1 of2 (Continued on Back) Acknowledgment Page 2 of2 Gam bling Site Authorization Oath 6. any changes in application information I hereby consent that local law enforcement I declare that: will be submitted to the board and local . officers, ~e ~oard or agents of the board, or 1. I have read this application and all unit of gov~mment within ten days of the commiSSIOner of revenue or information submitted to the board is true, the change, and public safèty or agents of the commissioners, accurate, and complete; 7. I understand that failure to provide may enter the premises to enforce the Jaw. 2, all other required information has been required information or providing false or Bank Records Information fully disclosed; misleading information may result in the The board is authorized to inspect the bank 3. I am the chief executive officer of the denial or revocation of the license. records of the gambling account whenever organization; necess.ary to fulfill requirements of current 4. I assume full responsibility for the fair and '7á V ~ gamblmg rules and law. lawful operation of all activities to be M..L. r . Organization License Authorization conducted' I hereby authorize the Gambling Control 5 I will famiIiarize mvself with the laws of Signature of the chief executive Board to modify the class of organization . Minnesota governing lawful gambling and officer (Designee may not sign) lice~e to.be cons~stent with the class of rules of the board and agree, iflicensed, to / ~ ." pennlt bemg apphed for. abide by those laws and rules, including <0 \ q - u \ amendments to them; Date Local Unit of Government Acknow_ent and A.a} ¡. . . . ". . '" -~.' . -- ..' ~( . ·.~1UttGu -= --~~~..:... ,.~t~ll~.þ"~f~~~~~tm~~~ ~Q.. - .~.~~~_~ On behalfofthe city, I hereby acknowledge this application C ~ ¿;(. .s/ ~~,::> J, for lawful gambling activity at the premises located within Print nam of city f) the city's jurisdiction, and that a resolution specifically approving or denying the application will be forw-arded to the applying organization. 1.:::2£..1 c/'/ T~ D* ·~'~'Y~~~;~~~.1ra~:f~I~~~~1~~~~~~~2:·:~:~~~~~::í~~~'~~~~;;¡~:iT~\~~~":'-"_ -._; For the township: On behalf of the township, 1 acknowledge . that the organization is applying to conduct lawful gambling Print name oftownship activity within the township limits, A township has no statutory authority to approve or deny an Signature of township official receiving application application (Minn. Stat. sec. 349.213, sub<!. 2). 1 1 Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at Print name of county the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be fOI'\,,-arded to the applying organization. Signature of county personnel receiving application 1 / Title Date The information requested on this form (and Your name and address will be public Board whose work assignment requires that any attachments) will be used by the Gambling information when received by the Board, All they have access to the information; the Control Board (Board) to determine your the other infonnation that you provide will be Minnesota Department of Public Safety; the qualifications to be involved in lawful ga¡nbling private data about you until the Board issues Minnesota Attorney General; the Minnesota activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance, in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court supply this infonnation, the Board may not be If the Board does not issue you a license, all the order, other individuals and agencies that are able to determine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law consequence, may refuse to issue you a license. of applying fur a license remains private, with to have access to the information; individuals If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order Board will be able to process your application. will remain public. authorizes a new use or sharing of . Private data about you are available only to the following: Board members, staffof the State of Minnesota r Board Use Only Gambling Control Board nt Pd Premises Permit Renewal Application eck # eG214PPR Printed: 3/5/2001 ate License Number:B-03011-002 Effective Date: 8/1/1999 Expirationate: 7/3112001 Name of Organization: Jaycees St Joseph Gamblin2 Premises Information Name of the establishment where gambling will be conducted St. Joseph Gas & Bait Note: Our records show thtremises 27 W Birch St is located within the 0/ limits St.Joseph,~ 56374 County: Stearns Lessor Information St. Joseph Gas & Bait Inc \-3 >; <'<:.. '" -;,\ . 20 2nd St SE ~Î w· Cr6shy,~f.N ~'441 ?~. ~ Q?(..f'" YY) N 5;<o37lj Name of the property owner (If different): Square footage leased per month 152 Rent paid per month: .ð6tr % e Square footage leased per bingo ccasion: Rent paid per bingo occasion: Bin20 Activity Our records indicate that Bingo is not conducted on these premises. w. ~\('c..'<-. s~ I 5""- ':::>c'<><-'Q~, """\'\J Stora2e Information ~., f>¿, 37 4 " (,ç....Y\-\ e "; \(\ (1\0.7 :l \..\ w· ~'("t.'<1 '2>\., ~" ~o ;:,e..,r'" I 'MN Sf..'374 - t.LV\ i( \ c..'f ~ II ~o.. "'" e. ~ 9\..\~o ~'<\ \-.¡ Q." ï!::', S \- . jc,,><v"'- \')-\\'\1 Ç'~71..1 - \>\c.q ~J Jc..'o~~J ~c..YY\c.s Bank Information 1st State Bank of St Joseph Gambling Bank 25 N College Ave Box 159 Account Number: 107660506 St.Joseph,~ 56374 On the lines provided below list the-name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title ~<> V'\ ~\,;>-\- ("c)o I .2 ~ b S"". 5>\ . e. Gú.vr, \7\; ~c..,^~ V. \.: \ '-<.." ~ ~c ~<: '" >(Y\ IV ~''3 '7 t. E. "'0 (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request Page I of2 (Continued on Back) Acknowledgment Page 2 of2 Gambling Site Authorizati Oath 6. any changes in application information I hereby consent that local· enforcement I declare that: will be submitted to the board and local .. officers, the board or agenfthe board, or 1. I have read this application and all unit of govemment within ten days of the commissioner of reven)r information submitted to the board is true, the change; and public safuty or agents oftommissioners, accurate, and complete; 7. I understand that failure to provide may enter the premises to orce the law. 2. all other reqtùred information has been required information or providing false or Bank Records Information fully disclosed; misleading information may result in the The board is authorized to JeCt the bank 3. I am the ch ief executive officer of the denial or revocation of the license. records of the gambling ac:nt whenever organization; ~A.I v- '¡i:¿L..¡ necessary to fulfill requirents of current 4. r assume full responsibility for the fair and gambling rules and law. lawful operation of all activities to be Organization License Autbzation conducted; I hereby authorize the Garrng Control 5. I will fumíliarize myself with the lav'ls of Signature of the chief executive Board to modifY the class organization Minnesota governing lawful gambling and officer (Designee may not sign) license to be consistent withe class of rules of the board and agree, if licensed, to permit being applied for. abide by those laws and rules, including (:¡-Iq-O\ amendments to them; Date Local Unit of Government Acknowlede;ment and Aooroval 1 On behalf of the city, I here" acknowledge this application ê ,.Lv ð{- s/. 7ò C-€ oJ h for lawful gambling activit)! the premises located within Print narrÍe of city , the city's jurisdiction, and tl a resolution specifically ~çI¥r ¿:z1tc4N4 approving or denying the a¡lication will be fonvarded to the applying organization. Si of' personnel eceiving application {7 ðtð7 t fo1(\¿t:X4¡/ &/~/ cY/ Title Date [ . For the township: On behalofthe township, I acknowledge that the organization is appling to conduct lawful gambling Print name of township activity \vithin the townshi¡!irnits. A township has no statuto!')ruthority to approve or deny an Signature of township official receiving application application (Minn. Stat. secJ49.213, subd. 2). I- I Title Date For the county: On behalf of he cOlmty, I hereby Print name of county acknowledge this application for lawful gambling activity at the premises located within tIe county's jurisdiction, and that a resolution specificallyapproving or denying the Signature of ccunty personnel receiving application application \vill be fonvard.d to the applying organization. I I Title Date The information requested on this form (and Your name and address \vill be public Board whose work assignment requires that any attachments) \vill be lEed by the Gambling information when received by the Board. All they have access to the information; the Control Board (Board) to jetermine your the other information that you provide will be Minnesota Department of Public Safety; the qualifications to be invohed in lawful gambling private data about you until the BoanJ issues Minnesota Attorney General; the Minnesota activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance, in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court supply this infurmation, the Board may not be If the Board does not issue you a license, all the order; other individuals and agencies that are able to detennine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law ccnsequence, may refuse to issue you a license. of applying for a license remains private, with to have access to the information; individuals If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order Board will be able to process your application. will remain public. authorizes a new use or sharing of . Private data about you are available only to the following: Board members, staff of the . CITYOF ST.JOSI<-:PH . . . ..-. Mem.orandrnn To: The Honorable Mayor and City Council CC: From: Gary D. Will Jf., Chief of Police Date: 06/27/01 Re: County-Wide RMS As you are aware, for several years we have been working on going to a county- wide record management system (RMS) plus mobile computers in the cars. As of today, the BCA and Steams County have a plan to fund a major portion of setting up . and running such a system. The proposal could cost us no more than $1,500 for this year to purchase the license for the system and the state costs. Those costs would allow us to do on-line crime reporting to the state, run our own driving records checks, etc., plus have access to all of the other agencies records in Steams County as they come on-line with the system. The annual costs are still being worked out but have been steadily coming down as they find better and cheaper ways to provide the service. At this time they are between $1,250 and $4,500 per year. Well under what we have been told the costs would be. At this time I request authorization to spend $1,000 for the software license and up to $500 in state fees for the remainder of this year (depending on the exact date the state installs the line, $500 is if it is installed on July 1) with the money to come out of our RM~ funds that we have set aside in prior years for this project. ~. -1 K POLle. ~- 1 GLTA RCHITECTS . Grooters Leapaldt Tideman 11 June 2001 City of St. Joseph Attn: Judy Weyrens, Administrator 25 College A venue North St. Joseph, MN 56374 Re: St. Joseph City Offices and Police Department St. Joseph, Minnesota Dear Judy: Enclosed are two copies of Application for Payment No. 8 for the referenced project that is the final application including the mechanical and electrical retainage. The application reflects 100% of the work has been completed to date. As we discussed last week, GLTArchitects will facilitate one final meeting to discuss the unresolved . issues for the referenced project under our base contract fee. We reviewed our contract with the City of St. Joseph and note for Contract Administration Services that extend 60 days after the date of Substantial Completion of the Work the Architect is entitled to a Change in Services (see enclosed). We want to ensure that the project has been completed successfully, and are more than willing to continue providing our services as requested. Please give me a call if you have any questions or to discuss how we can be of assistance. SJR/sh Enc. CC: Judy Weyrens David Leapaldt (9928C046) . St. Cloud Office TII'ill Cities Office 808 Counhouse Square· St. Cloud, Minnesota 56303 .+75 Second Avenue· Newport, Minnesota 55055 (320) 252-3740 . fax (320) 255-0683 www.gltarchitects.com (651) 459-9566· fax (651) 458-5615 David Leapaldt . Daniel Tideman . Steve Paasch· John Frischmann if' 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with :~. prospective contractors. The Architect shall subsequenùy prepare a summary report of the. negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES t'/ 2.6.1 GENERAL ADMINISTRATION ~-' ~. 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AlA Document A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. * 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner dur- ing the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. . 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Ov.'ner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. II 2.6.1.8 Interpretations and decisions of the ¡\rchitect shall be consistent with the intent of and <::> 0 reasonably inferable from the Contract Documents and shall be in writing or in the form of c. .0 O· '"'" 'Q drawings. When making such interpretations and initial decisions, the Architect shall endeavor to o'a:::;fS~ c:::=::::::J secure faithful performance by both Owner and Contractor, shall not show partiality to either, © 199] A I A@ and shall not be liable for the results of interpretations or decisions so rendered in good faith. AlA DOCUMENT Bt41-1997 STANDARD FORM 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other mallers in question SERVICES between the Owner and Contractor as pro\'ided in the Contract Documents. However, the . The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the of Arehi teets 173S New York Avenue. N.W. intent expressed in the Contract Documents. Washington. D.C. 20006-5292 I WARNING: Unlicense<! photo<opying violates U.s. copyright I;ows and will subject tilt. violator to legal prose<:ution. ARTICLE 2.8 SCHEDULE OF SERVICES . *' 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3·3: .1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to sixteen ( 16 ) visits to the site by the Architect over the dura- tion of the Project during construction. .3 up to two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to one ( 1 ) inspections for any portion of the Work to deter- mine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; . .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instrurnents of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests pro- posed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. 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'-J I ~. > " ~ 0 ~Ñ:: _ a 'f J j~~ a. ... I '-"'r¡ w- ~ f..O ::r;... ¿ ~ CD ~ ë. I\) I 1 Z Jun 26 01 01:24p AIISpec Services (320J387-2703 p. 1 · FOLEY - RICE - ROCKVILLE - RONNEBY ROYALTON - PLEASANT LAKE WATAB TOWNSIDP Mechanical Permit Fees Subd. 1. FE REQUIRED. Before issuing any pennits for the construction, installation or alteration of any heating, ventilating, or air conditioning equipment, a fee is to be paid by the applicant per this schedule. Subd. 2. RESIDENTIAL PERMITS 1. F or the new installation of each warm air furnace and ductwork, including ventilation up to 2,000 CFM or of any hot water or steam boiler and radiation or the installation of conversion burners on existing furnaces with an input of 149,000 BTU or Jess, including gas piping or oil tank installation.. $36.00 2. For each additional domestic appliance with an input rating of 60,000 BTU or less, on any permit. Over 60,000 BTU see Commercial Schedule. $11. 00 · 3. For the replacement of each warm air furnace or steam or hot water boiler where there is no change in the type of fuel to be used, and the input is 149,000 BTU or less. $30 _ 00 .1 ")¡nr ~1tp..r~t;/'\n'" tn øV1Ctt-1nn 'humor nr on"";........,.."ð9'\+ ......~.h ...._ :__n.... _t'", An £\I\f\ n'T" T __ 1_....... , · Jun 26 01 01:31p AIISpec Services (320)387-2703 p. 1 . 18. The minimum permit fee a. One rough-in and one final inspection $ 30.00 NOTE: Each additional inspection will be billed at $30.00/inspection. .- Subd. 6. OrnER INSPECTIONS AND FEES I. The State surcharge computation is based on the permit fee. Surcharge equals .0005 of each permit fee, or $ 0.50, whichever is greater. 2. Inspections outside ofnorrnal business hours, $60.00 per inspection. 3. Inspections for which no fee is specifically indicated, $30.00 per inspection. 4. Penalty Fee: (working without a permit) shall be equal to total permit fee less surcharge. Subd. 7. BOARD OF APPEALS A Board of Appeals is hereby created per Section 204 of the Uniform Building code. . . MECHANICAL PERMIT CITY of . Owner Pennit Number Site Address Date Issued Project Valuation $ Residential Commercial Pennit Fee $ Type of Construction: New Remodel State Surcharge $ The undersigned h~reÞy makes application for a perrrlit for the work herein specified. agreeing Add'l Inspection $ , to do all such woIt in strict accordance with all applicable codes and ordinances, and hereby Total Fee $ declares that all fadS and representations stated in this application are true and correct. Paid/Check # Residential permit fee includes one rough-in and one [mal inspection. Commercial permit fee includes one rough-in and one [mal inspection, Note: Permit expires six months this applies np to 1,000,000 BTU's. from date of issue. All inspections require 24 hour notice. Contact the number below. Quantity Brand/ModeIIBTU BrandIModeJ/BTU BrandIModeJ/BTU .er Heater Furnace Boiler Fireplace Range Unit Heater Space Heater Infra Red Dryer Wall Heater Air Air to Air Conditioning Heat Exchanger Future Misc. Temp Heat Opening (requires additional inspection) $30.00 each New Replacement Total BTU Venting Equipment: HoodlCFM Exhaust FanlCFM Other Air Handling Equipment: CFM BTU/H Other Gas piping only/number of openings: gas piping only/mobile home: Alterations to existing burners/equipment: BTU Additional information: Mech. Cont. Tel. # .d Lie. # AllSpec Services, LLC 14562 Ronneby Road NE, Foley, MN 56329 Approved by: (320) 387-2354 - tel. (320) 387-2703 - fax (320) 293-5298 - Nancy Scott I attest that all methods and materials are used in compliance with (320) 333-2101- Marlene Bach ~urrent codes. 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That Section 51.1 of the St. Joseph Code of Ordinances, 1992 Edition, is hereby amended by the revision of the second paragraph of Section 51.1 so as to read as follows: "Building permits shall not be required if the work to be performed is limited to the following: replacement of windows which does not result in the enlargement of the rough openings, repair or replacement of interior or exterior doors which do not result in the enlargement of the rough opening, interior remodeling not involving the removal or relocation of an interior wall. A permit shall be obtained for the construction or reconstruction of an accessory building as defined in Ordinance 52.4 Subd. I." This amendment is adopted the _ day of ,2001, and shall be effective upon publication. CITY OF ST. JOSEPH · By Larry Hosch, Mayor By Judy Weyrens, Clerk Administrator This amendment was published on ,2001 by the St. Cloud Daily Times. N:\city\stjoeI200 1\ · . Renée K. Zirbes, Esq. (612) 770-7088 6220 Barberry Circle, Excelsior, MN 55331 June 20, 2001 VIA OVERNIGHT MAIL Village of St. Joseph Attention: Planning/Zoning Department 25 College A venue North St. Joseph, MN 56374 Re: Request for Lot Line Adjustment Dear Sir or Madam: I enclose a Request for Lot Line Adjustment. Please schedule this matter on Board's . agenda for the June 28th meeting. I plan to attend the meeting to answer any questions the board members may have. Please feel free to can me at (612) 770-7088 if you have any questions or require any additional information. m Renee K. Zirbes, Esq. Enclosures , . · Request for Lot Line Adjustment Property: 119 - 3rd Avenue S.E., St. Joseph, MN Property Owner: Renee Zirbes (612) 770-7088 I am one of the property owners of the following described property: Lots Four (4) and Five (5) in Block Two (2) ofLodermeier's Addition according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for Steams County, Minnesota. [hereinafter "Property"] The attached site plan shows the location of the existing and proposed lot line that separates Lot 4 from Lot 5. The existing home on Lot 5 slightly encroaches beyond the current lot line onto Lot 4. I seek a lot line adjustment for the purpose of rectifying this encroachment and for the purpose of obtaining approval to construct a home on Lot 4 in the location shown on the attached site plan. , The Property is located in the R-l Single Family Residence District and is governed by Section 52.17 of the Village Code. The lot line adjustment will meet the Lot Area Requirements set forth in Subdivision 5: · a. Minimum Area: The minimum area where served by municipal sewer and water is 11,000 square feet. The lots will meet this minimum area requirement. The attached site plan shows the lot sizes before and after the proposed lot line adjustment: b. Average Width and Depth: The Average width of the lots wiII no be less than 75 feet and the average depth will not be less than 125 feet. The proposed lot line adjustment will also enable the structures on the lots to meet the Setback Requirements of Subdivision 6. I ask that the VilIage Board approve the proposed lot line adjustment. Such approval may be conditioned on the completion of a land survey confirming that the above referenced Code requirements will be met. The lot line adjustment is in the best interest of the Village in that the lot line adjustment will enable the construction of a home of Lot 4, as originally intended when the subdivision was platted. · . VJ VJ ~ t:z:nrj Ñ' -(þ Ñ' a !» .., !» -(þ ~r£[4 ~ 0" ~ ~ S' .., !» @ ..e- c' !» '" ..9: ..... c: "3 ~ ~ - s ::;. (1) ::I ..... - ~ - ~ 0 g: ~ v. [4 ~. VI [ '" .r---- (1) I --Jf J "'d"'d t-------- » a '"'I I ï :g '\:$ 0 I I a (þ?6 J I . I ::I: "C J X ::¡q 0\ J a I . '< ~ I 0 "C I \D 0··:::0 ISO I o G 1 (1) ~ I v ~-.o '"1 ¡; I 0- I -¡::: .g ..... I I ""(þ 0 1:: I I g I V> '" f_________: .. w.... (1) ::I 0- ~ :;0- a.~ b (þ ;> '"'I g<~ t': G (þ 0 ::I Ng~ CI> » ::¡. (þ _. ct'(J:)~ ;I ..e- (þ. s:::' v>trj;> '" J:j' ..... I .; 0- 0- S -- =. ~ CI> O\$!(¡::: a- t"" _. V> (\) 0 N<-<S e .... "-' 0 w ~ -....}t/'Jg CI> ~.g .... Ç/) t~ þ:1 ~F"' ~~ b ..... N . RFPM~® REALTY SOURCE, INC. AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS . MINNESOTA law reaulres that early in any relationship, real estate brokers or salespersons discuss with consumers what type of agency representation or relationship they desire.ll) The available options are listed below. This is not a contract. This Is an agency disclosure form only. If you desire representation, you must enter Into a written contract according to state law (a listing contract or a buyer representation contract). Until such time as vou choose to enter into a written contract for reoresentation or assistance. you will be treated as a customer of the broker or salesoerson and not reoresented byjŒ brokeraae, The broker or salesperson would then be acting as a Seller's Broker (see paragraph I below), or as a nonagent (see paragraph IV below). I. J Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents the Seller , " "./ and acts on behalf of the Seller. A broker or salesperson working with a Buyer may also act as a subagent of the Seller, in which case the Buyer is the broker's customer and is not represented by that broker. A Seller's broker owes to the Seller the fiduciary duties described below.(2} The broker must also disclose to the Buyer any material facts of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or she must act in the Seller(s)' interests and must tell the Seller(s) any information disclosed to hirnlher. In that case, the Buyer will not be represented and will not receive advice and counsel from the broker or salesperson. II. Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on behalf of the Buyer. The broker may represenl the Buyer only, and not the Seller, even if slhe is being paid in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below. (2) The broker must disclose to the Buyer any material facts of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. III. Dual Agency - Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and salesperson owe the same duties to the Seller and the Buyer. This role limits the level of representation the broker and salespersons can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose specific information about him or her. Other information will be shared. Dual agents may not advocate for one party to the detriment of the other.(3) . Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described below. (2) Dual agents must disclose to Buyers any material facts of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. IV. Nonagent: A broker or salesperson may perform services for either party as a nonagent, if that party signs a nonagency services agreement. As a non agent the broker or salesperson facilitates the transaction, but does not act on behalf of either party. THE NONAGENT BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED BELOW, UNLESS THOSE DUTIES ARE INCLUDED IN THE WRITTEN NONAGENCY SERVICES AGREEMENT. The nonagent broker or salesperson owes only those duties required by law or contained in the written nonagency services agreement. ."- ACKNOWLEDGMENT: lfWe acknowledge that lfWe have been presented with the above-described options. lfWe understand that Buyers who have not signed a Buyer representation contract or nonagency services agreement are not represented by the broker/salesperson and information given to the broker/salesperson will be disclosed to the Seller. lfWe understand that written consent Is required for a dual agency relationship. This Is a disclosure only, NOT a contract for representation. /,:, / ¿,J". (~ ). /. z..f' y-7/rj,~ d -7." ) I~/ )L' 1':"-( ,.' //..4 / j f" L AÆ{J__(' SeIIeO .I Buyot I . D... o8t. j ,/" - (.., Sollw / Dm Buyot Date . (0) This disclosure is required by law in any transaction involving property occupied or intended 10 be occupied by one to four families as their residence, (2) The fiduciary duties mentioned above are listed below and have the following meanings: ~ . broker/salesperson will act only in client(s)' best interest. Obedience· broker/salesperson will carry out all client(s)' lawful instructions. Disclosure· broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge which might reasonably affect the client's rights and interests. . Confidentialitv . broker/salesperson will keep client(s)' confidences unless required by law to disclose specific information (such as disclosure of material facts to Buyers). Reasonable Care· broker/salesperson will use reasonable care in performing duties as an agent. Accountina . broker/salesperson will account to client(s) for all client(s)' money and JXqJerty received as agenl (3) If Seller(s) decides not to agree to a dual agency relationship, Seller(s) may giw! up the opportunity to sell the property to Buyers represented by the broker/salesperson. If Buyer(s) decides not to agree to a dual agency relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker. MN:AGCYDISC (6/96) RF/Mf«@ I PURCHASE AGREEMENT This form approved by the Minoosota Assodalíon of REALTY SOURCE, INC, REALTORsø. which disdaims 8I1'f liability ar;s;ng out of use Q( rrisuse of this Iorm. " 2000. Minnesola Assodatioo of REALTORsø, Edina. MN ! JUNE 26,200J · I t Date 1. 2. Page 1 of I ,....-- - I/c'" L L J r.,/ ( ~ I 3, RECEIVED OF 1--.., 0 \ :Y" (l - ( 2. '1 -::, S " K / '.J//-: I /;,) ( (,~ CI (~. (" ( If " <-..¡ C '~'-- v¡ - 4. ( r..... k " '- /Ì\. 5. fho sum of FIVE TlIOU3l1ND COLLARS AND 00 100 Dollars ($ 5,CXXJ.00 ) 6. by C CASH / NOTE sa AcceptAnce of Purch... Agreement by all partie., on or ·..·(c/rrJ, 0111)-····.......··-. 7. boloro tho third bu. In... d.y a!tor .ccoptonco, In tho tru.t account of lI.tlng brokor but to bo r.turnod to Buyor If Purch... I 8. Agroomont I. not Acceptod by Boll or. SAid OArnMI monny iA pAri pAymnnl for Iho purchMo of tho proporly /or.~lnrl ~I' I 9. Stroet Address: 21 1ST AVE N.W. ----~ - , 10 City 01 31' JOSEPH _, County of S'ITJ\flliS _. SIAlo 01 Mlnno1"ioln, 11. Legally doscrlbod "": N 65..'......Of._Wl'S_.lLLl2...BLOCIC8 ..PARCEL 84.53850._..... 12, -~------ .--.-- 13. Including the lollowlng properly, If any, owned by Seller end used and located on said properly: garden bulbs, plsnls, shrubs, And I 14, Irees; slorm sash, storm doors, screens and awnings; window shades. blinds. traverse and curia in and drapery rods; attached flghling 15. fixtures and bulbs; plumbing lixtures, water heater, heating plants (with any burners, tanks, slokers and other eQ~~)USed in I 16. connection therewith), built· in air conditioning eQuipmenl. electronic air filler, water softener ~ NONE. buill..in I ~_(("7'pI rcY¥l.I_- I 17. humidifier and dehumidifier, liquid gas tank and controls (if the properly 01 Seller), sump pump; attached lelevislon anlenna, cable TV jacks and I I 18. wiring; BUILT-INS: dishwashers, garbage disposals. trash compactors, ovens, cook top sloves, microwave ovens. hooo lans, intercoms; 19. ATTACHED: carpeling; mirrors: garage door openers and all controis; smoke detectors; lireplace screens, doors and healilalors: AND: Ihe following I 20, personal property: I 21. 22, };ir ~ .. - ) 23. a~ which propq Seller has this day~reed to ~ellto Buyer for sum oj: ($ .: -:sc- r , 24, (if 1-/' I I.-..Jé '-<,<:" (---':J I / kL r.· f...¿.. ,(;{<v;J L- {\( (,/./. ( ¡<../'.. -"'/ }".¡ - Dollars, I / NQN-REFUNDABLE Dp;.mpA YMENI' 25. which Buyer agrees to pay in Ihe following manner: ~~~oney of $ 5,000.00 26. and $ / ~: '<;, (' a ~~ cash on JULY 27 I 2001 the date of closing, and I 27. Ihe balance of S -0- by financing in accordance wilh the attached addendum: 28, ConventIonal FHA DVA Assumption Contract lor Dead Purchase Money Mortga~ Other: AS IS I -~_·_---_·_--(Çit"!gB"tJ¡8Iapply) I 29, This Purchase Agreementiß : /IS NOT subject to a Contingency Addendum for sale 01 Buyer's propert'f (Ii answer is IS. see attached addendum.) ¡ · I 30. (If answer is IS NOT, the c¡;;f¡';~cletJ;;yer's property, if any, may still alfect Buyer's ability to oblain financing. il financing is applicable.) I I 31, This Purchase Agreement~/IS NOT subject to cancellation 01 a previously wrillen Purchase Agreement dated I i i -(~ (Y,g)--- I I 32. Buyer has been made aware of Ihe availability 01 property inspections, Buyer toI* I deçjlnes to have a property inspection pertormed al I I --(c;j7;;jg ooø)---- I 33. Buyer's expense. This Purchase Agreement ìS /IS NOT subject to an Inspection Addendum. (If answer is IS. see allached addendum.) ¡ -(~"r:fg one)- - í 34. DEEDIMARKETABLETlTLE: Upon pertormance by Buyer, Seller shall deliver a Warranty Deed or Other: Deed i ! ,'c:i't::r6 OiØ,' 35, joined in by spouse, if any, conveying marketable tilie, subject to: 36. (A) Building and zoning laws, ordinances, state and federal regulations: (B) Restrictions relating to use or improvement of the 37, property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota: (D) Utltity and 38. drainage easements Whl~ not interfere with existing improvements; (E) Rights 01 tenants 81 101101'1'. (unless specified, not 39. subject to tenancies): 40. (F) Others (Must be specifeEHfH'I'Titing). 41, BUYER SHALL PAY SELLER SHALL PAY n date of closing any deferred real estate laxes (I.e. Green Acres. etc.) or special /~ 42. assessments, payment of which is required as a result of the closing of this sale, ¡ 43, BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING GLLER SHALl ~~Y O~"DÄTE OF CL.~~~)II installments ¡'"c:F1:::ÊI' cn4) 44, of special assessmenls certified or QR~ real estate laxes due and payable in Ihe year of closing. 45, BUYER SHALL ASSUME SELLER SHALL P Y on date of closing all other speciai assessments levied as of the dale 01 Ihis Agreement. I~CI"e _ -_ _. _. 46. BUYER SHALL ASSUME ~~.;~ .7HALL PROV~~E FORF;~YMENT ~ special assessmenls pending as of the dale of \his Agreement 47, lor improvements that have been ordered by any assessing authorities. (Seller's provision for payment shall be DY 48. payment inlo escrow of two (2) times the estimaled amount of the assessmenls, or less as reqUIred by Buyer's lender.) 49. Buyer shall pay any unpaid special assessments payable in Ihe year following dosing and Iherealler. Ihe payment of which is not otherwise 50, herein provided, 51. As of the date of this A9.':~(!r:n~nt, Seller represents thai se"e~~ received a nolice regarding any new improvement 52. project from any assessing authorities, the costs of which project may be assessed against the property. Any such notice 53. received by Seller aller the date of this Agreemenl and before closing will be provided to Buyer immediately. If notice of a pending 54. specL~sment is issued after the date of this Agreement and on or before the date of closing, Buyer shalf assume payment of · 55. ALL .~E j OTHER: of any such special assessments, and Seller shall provide for payment on date of . o->e)--- 56. dosi ALL ¡'NONE / OTHER: of any such special assessments. ~ I í:i"c(r(Y)Ø)--- 57, ~r 58. I 59, 60, izfr/ I I MN:PA..1 (9/00) >(·-k V \·¿I/ >< i ---- --- RFbM8(QV PURCHASE AGREEMENT ! REALTY SOURCE, INC. 117. Address 21 1ST AVE NW ST JOSEPH, /iN 118. Page 3 Date 6-26-?OO} · 119. Buyer shall pay: PRORATED FROM DAY OF CLOSING,_12ths, Aeal eslate taxes due and payable in the year ~. .nnn_nn_.__________..·...n__n...._._n (circle 0118)·---·......--·......------ ~ 120. Seller shall pay, ~~~.~~~.~~_~~~.~~ (~;;':~~~~.::::::===.1.~NE real estate taxes due and payable in the year~. If the 121. closing date Is changed, the real estate taxes pai hal~ prorated, be adjusted to the new closing dale. Seller warrants taxes due and 122. payable in the year 01 will bXæu NON- b mestead classification. If part or non-homestead classification Is cln:led. n------(citr:/tI M9 - 123. Seller agrees to pay Buyer at closing $ 9(-0-) 124. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes when they become 125. due and payable. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which is 126. not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes. 127. POSSESSION: Seller shall deliver possession of the property not later than DATE OF CLOSING after closing. 128. All interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and 129. natural gas shall be prorated between the parties as of date of closing. Seller agrees to remove ALL DEBRIS AND AlL PERSONAL 130. PROPERTY NOT INCLUDED HEREIN from the property by possession date. 131, ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there are no hazardous substances. or underground storage 132. tanks, except herein noted: !OCJNE 133. 134. SELLER WARRANTS THATTHE PROPERTY IS DIRECTLY CONNECTED TO: crrv SEWERKJ YES 0 NO I crrvWATER KJ YES 0 NO 135. SEllER I BUYER AGREES TO PROVIDE WATER QUAUTY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORfTY ANDo'OR LEN ..........lèlmltz on.J··-..· 136. ~.::.~;!~.?:!~~ESTO PROVIDE, IF REQUIRED BYTHETERMS OFTHIS PURCHASE AGREEMENT OR B~OVERtiIN 137. AUTHORITY AND/OR L N~ A LICENSED INSPECTOR'S SEPTIC SYSTEM INSPECTION REPORT OR N INDICATING I 138. THE SYSTEM COMPLIES W ~LICABLE REGULATIONS. NOTICE: A VALID CERTIFICATE OF PLlANCE FOR TH 139. SYSTEM MAY SATISFYTHIS OBLlG :FI~NOTHING IN LINES 136TO 139 SHALL OBLIGATE SE TO UPGRADE, REPAIR O~ 140. REPLACE THE SEPTIC SYSTEM ~SS OTHERWISE AGREED TO IN PURCHASE AGREEMENT 141. BUYER HAS RECEIVED THE WELL DISCLOS ~TEMENT ORA STATEMENT 0 WELL EXISTS ON THE PROPERrt 142. AND A SEPTIC SYSTEM DISCLOSURE STATEMENT STATEMENTTHAT N PTIC SYSTEM EXISTS ON OR SERVES THe 143. PROPERTY, AS REQUIRED BY MINNESOTA STATUTES. 144. 145. · 146. 147. 148. 149. 150. BUYER ACKNOWLEDGES J NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDIN OSSIBLE PROBLEMS 0 151. WATER IN BASEMENT DAMAGE CAUSED BY WATER OR ICE BUILD-UP ON ROOF OF THE PROPE AND BUYER RELlE 152. SOLELY IN THA~ ARD ON THE FOLLOWING STATEMENT BY SELLER: 153. SELLER HA$fHAS NOT HAD A WET BASEMENT AND HAS I HAS NOT HAD ROOF, WAlL OR CEILING DAMAGE CAUS ~(cà"" on.)-- -·(ciæl8 on.J-- 15~e BUILD-UP. BUYER ~~..~;lA;;'J~~! RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT. 1~.. BUYER HAS RECEIVED THE INSPECTION REPORTS,IF REQUIRED BY MUNICIPALITY. 156. 157. COL FRANK B IMHOLTE (licensee) (cirr::Iø CM?ØJ 158. RE/MAX REALTY SOURCB (Company) 159, is Seller's Agent I Buyer's Agent I Dual Agent ¡Non-Agent (licensee) --- (circ/ø cnø) 160. (Company) I 161. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 162. DUAL AGENCY REPRESENTATION I 163.'£'EASE CHECK QUEOFTHE FOLLOWING SELECTIONS I 164. Dual Agency represen.tation DOES NOTapply in this transaction. Disregard lines 165-178. i , I 165, o Dual Agency represe~tation DOES apply in this transaction. Complete the disclosure in lines 166-178. ! 166. Broker represents both th'e Seller(s) and the Buyer(s) of the property involved in this transaction. which creates a dual agency. Th~ 167. means that Broker and lis salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because the parties may have conllictin 168. interests, Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a duaJ agent in Ih' 169. transaction without the consent of both Seller(s) and Buyer(s). Seller(s) and Buyer(s) acknowledge that: ! 170, (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidentia 171. unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared · 172. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other: an~ 173. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of the sale 174. With the knowledge and understanding of the explanation above, Seller(s) ~yer(s) authorize and instruct Broker and it 175. ;:Jer~o act as dual agents in this transaction. \-R~·. 176. (!. - Seller Buyer 177, 'X I ~.) ¡;.- , Seller Buyer 178. Dale Dale -- ---- I~~~ ¡ ! REALTY SOURCE, INC. PURCHASE AGREEMENT I I 179. Address 21 1ST AVE NW ST JOSEPH, MN I ¡ 180. Paga 4 Data: JUNE 26, 2001 I. I I I ' ! 181.~ I I 182. I '"' """'" ,"m", I '"' """'" '"'''I'' I ¡ 185. OTHER, .."} I .1 Ii' (:C...''-''Ir--'(JtJ ~ L)..P¿,,-...¡ vQ(.'f-f·LOJ'<'.'( ¡",'F= (,~\.\,,,,,el( i ¡ /".- - -.... . ~ /" ~~'''' ¡ I.) fj.-,¡ I{"'¡..~I V .:T,..., ~" ê' r Co ¿)r, I / \ 1/·· \ ~ } / . / ,.)\:..\ ' . 't I / 188..,..' . I " +41,)/ --/ 189. i I 190. Attachad ara olher addenda which ara mada a part 01 this Purchase Agreement. (Enlar total number 01 pages of Ihis Purchase 191. Agreemenl, including addenda, on line 2 01 page 1.) 192, I, the owner of the property, eccept Ihla Agr&ement and I agree to purchase the property for the price and In eccordence 193, authorize the lIaUng broker 10 withdraw aald property from with the terms end conOltIo~ lOt forth abovo. 194, the market, unleu Instructed otherwise In writing. I have reviewed sll psges of this Purchase Agreement 195. I have reviewed all pages of this Purchase Agreement / 196. X ),//7" ! [,]'l' 'I ..r.1 X / /r~!J./'~1 T 1./ tlM. ~ J---.,' +/.'c-/ (Selle'jSignalufe) t (Date) (Buysr's Signature) (Dale). / . . ì l--: ~ - /. /, 197. X~c-:í /"\/f'7'Ýe/}",; X f/¡r-;.--F( / / j/~ / ¡,1ê (Seller's Printe Nama) Y (Buyer's Prinled Name) 19~ X X (Social Security Number· oplionai) (Marilal Slalus) (Social Security Number· optional) (Marilal Stalus) 199. X " . . _ .. . ,.;..(..... / L X (Sellar's Sign'ì!ctfé) (Date) (Buyer's Signature) (Date) ; ¡ 200. X L"_ r .,,- í . !J __'" r 1. _ X i (Seller's prinled'þame) ..- (Buyer's Printed Name) 201. X X (Social Securily Number· optional) (Marital Status) (Social Security Num!>er . optiO<ìaJ) (Manlal Slalus) 202. FINAL ACCEPTANCE DATE 203. . THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 204. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL MN:PA·4 (9/00) , ! ¡ . i ! _~_ J RFúM~U9 BUYER PURCHASING REALTY SOURCE, INC. "AS IS" ADDENDUM llli~ fmlll ;-¡ppr(")'V'(X! by Iho MI'H~' AO;.....Iv·r;11IfI/I III · nEALlOnS·. v.f1!(.h (:"~.L:L11I l"i .11,'( il,1fllhly :ui~il\q oul 01 II~ PI l1!j~lr:.n r..{ "II" !OtlH 1, Date JUNE26¡ 2001 2. Page flV~ 01 fIVE Pages 3. Addendum to Purchase Agreement between parties dated JUNE 26 . 1Oc2001 pertainlllg 10 Ihe purchase 4. and sale of the property at 21 1ST AVE NW/. ST JOSEPH d1N 5. 6. CONDITION OF PROPERTY: The property being purchaf~d by Buyer, including the dwelling. other Improvements. fixtures. 7, appliances and personal property, is not new, and is being purchased "AS IS." 8. RIGHT AND DUTY OF INSPECTION: Buyer shall have the right and duty to inspect the property or to have them inspected 9. by a person of Buyer's choice, at Buyer's expense. Buyer shall have the right to make a pre-closing inspection of the 10. property, to determine that the property is in the same condition as of the date of this addendum. 11. SETTLEMENT IS FINAL: It is understood the Buyer accepts the property "AS IS." ANY WARRANTIES OF PHYSICAL 12. CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE VOID. The Seller has no further 13. responsibility or liability with respect to the condition of the property. This provision shall survive delivery of the deed or 14. contract for deed. 15. OTHER: · : ¡.,.- I · --,", ~ h (~/ to I J ~ 7)oJcv:f/7¡e7 r~ / -¿~'T :: 3~t~':~~Z:vJ (Dale) (Dale) (""""> 10.00. ( Ie<) 18. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 19. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIOHAL 20. MN:BPAlA (8193) ---"---- . St. Joseph economIC Development Authority 25 Cø.IIs1aeA....." Sf. Jøseph (320) 363-7201 Memo 10: st. Joseph City Council Fr1:RIw Economic Development Authority CC: City Administrator Date: 06127101 Rec City Building Sale . The St. Joseph Economic Development Authority met on June 20th. During the meeting, the Board Members diSCLISSSd the pending auction and sale of the old city offices. After a \engtfTy' discussion by the Board Members, a motion was made as foltows: Deutz made a motion that the St Joseph Economic Development Authority opposes the sale of the old city offices, recommends that the City Council reject all offers presented, and City of St Joseph retain the property for future use; Seconded by Rieke. The motion passed unanimously. Discussion that led to the above rnOOon included the following issues: 1) The property tax gained from the sale to a private incividual is insignificant, 2) Currently owned by the City, it is very difficùt and expensive for cities to obtain property; 3) Lcx:ation of the property may be crucial for any expansion c:I the water treatment plant. 4) Location of the property is appropriate to alleviate the parking problem for the doY.rnaNn area; and, 5) Possible sale to a local business to assist IMth their expansion. Mr. Deutz, Econanic Development Authority Board Member, will be presenting the above infom Iation and motion at the City Council Meeting on June 2e!'. . . Page 1 .. St. Joseph Volunteer Fire Department ST. JOSEPH, }'..f!NNESOTA 5637!¡ Office or ¡he Chief Emergency Calls from December 1, 2000 thru May 31, 2001 .. Emergency Calls , $ 11,930.00 1243 Drill Hours @ $5.00 6,215.00 Chiefs Salary 700.00 Assistant Chiefs Salary 350.00 Secretary's Salary 150.00 Treasurer's Salary - 290.00 Total $ 19,635.00 .. . 68 City Calls 53 St. Joseph Township Calls 19 St. Wendel Township Calls 6 Mutual Aid Calls 146 Total Calls from Dec. 1,2000 thru May 31,2001 107 Medical Calls 39 Fire Calls Submitted by: David A. 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Tha-nk yC}U for Y011f cons1derat1Cì!1. . toofReplacement Proposal Facility: City ofSt. Joseph Office Total Roof Roof Top Details continued... Bw~~ít§!ii~;ijÆ~ªityn~~ ;R~~tipti~~¡~¡,~x :m~~I~g;M~~~~~:i~·;;'~~1:\:ij';i~Ki~g::M;tá!~~;Ä~1.t~~.~:~~::,:. , . Perimeter Parapet wall Neoprene Not applicable Condition: Flashing Defects Single Ply EPDM membrane shrinkage can occur after failure of the securemnet at the angle change. Excessive bridging of the flashing can make the membrane more suseptable to damage. Terminations are exposed to further stress potentially permitting water entry. Flashing is a building device used to prevent water from penetrating the exterior surface of a building element or material, or to intercept and lead water out of it. Flashing can be considered as a continuation of the roofmg membrane to protect and weatherproof any element of the building or roof deck that departs from the roof deck level or incline. . ." "·--c-,- ,-Co" $4,000 · Some of the parapet wall has been repaired. We propose repairing the remaining parapet wall (new securement and membrane at the angle change). · Install pourable sealer pans where the three antenna supports anchor to the roof. · Clean silicone caulk out of the pourable sealer pan present on the roof and top-off with pourable sealer to make a watertight detail. I · Cover 1'-0" x 2'-0" elastoform repair with EPDM membrane. · Strip in 4'-0" x 4'-0" repair and seal to make a watertight detail. I I I · Add 24ga galvanized sheet metal counter flashing around the 5'-0" x 10'-0" HV AC ! curb. i I I Clean up and haul away all roofing debris to a proper disposal site. I · I i I I To complete the repairs as described above we quote the sum of $4,000.00 dollars. j .' I e:cmm Prepared by: Mc Dowall Company Page 3 Printed: April 17, 2001 ~1IIe SynTec Incor,torlted j Horizon Roofing & Sheet Metal . A Multi- Year Firestone Master Contractor and Partners in Quality June 19,2001 City of St. Joseph 25 N College Avenue St. Joseph, MN 56374 RE: St. Joseph Police Station Maintenance We have inspected the above referenced roof offer the following maintenance. 1. Cut existing rubber membrane and allow to relax. 2. Provide and install Firestone reinforced perimeter strip on outside perimeter, approximately 155 linear feet, this will bring the termination to 2001 roof standards. 3. Provide and install new rubber membrane, this will include all detailing required. 4. Re-flash four (4) scuppers. 5. Remove two (2) pitch pans no longer in use. 6. Provide and install three (3) pitch pans on TV antenna. 7. Provide and install one (1) pipe boot on TV antenna wire. 8. Provide any miscellaneous patching. Including one (1) patch on drive thru canopy. 9. All debris will be removed from job site and hauled to a proper disposal area. 10. All work will be done to Firestone's specifications and performed by skilled laborers. The cost for the above listed items is Two thousand five hundred eighty & 00/100 dollars ($2~80.00) . including sales tax. Note: Any snow removal will be done on a time and material basis. Any unforeseen problems that may arise such as wet insulation, deteriorated roof deck, deteriorated wood blocking, etc. will be brought to your attention; all additional repair work will be done on a time and material basis. All electrical or mechanical modifications required shall be the responsibility or the owner. Accounts are payable upon completion of project and within thirty (30) days of receipt of our invoice. A finance charge of 1-1/2% per month will be assessed on all accounts past due. This quote is subject to change after thirty (30) days. Feel free to contact us if you have any questions or if we can be of further service. If you should find this quote acceptable, please sign below and return to our office. Please retain a copy for your files. THANK YOU, for the opportunity to serve your roofing needs. Sincerely, 4 :Z:/'. Kurt Scepaniak Accepted, proceed with work as proposed President Authorized Signature Date . 1922 Co. Rd 137 * Waite Park. MN 56387 * Telephone: 320-252-1608 * Facsimile: 320-252-6939 * Web Site: www.horizonroofinginc.com * . ~ Saint John's University . Simons Hall Collegeville, Minnesota 56321 The William E. & Virginia Clemens Chair Phone: 320/363-3048 Fax: 320/363-3298 in Economics and the Liberal Arts E-mail: dfinn@csbsju.edu To: Officials of the 5 cities From: Dan Finn, Chair of the Drafting Committee Date: June 5,2001 I have attended meetings at most of the cities and have heard a number of thoughtful concerns about the Affordable Housing Ordinance. The enclosed sheets contain responses to many of those concerns. I hope it is helpful to you as you deliberate about any amendments you may decide to propose. . If! can be of any further help, don't hesitate to contact me. ·~L T ~ · Responses to Some Concerns About the 5-City Affordable Housing Ordinance To the members of the planning commissions and city councils of the five cities: Having sat in on meetings at most of the cities, I have heard a number of thoughtful concerns about the proposed ordinance. I cannot speak for the complete Drafting Committee, but it seems that a response might prove helpful. -Dan Finn, Chair of the Drafting Committee Concern: Is there really a need? Answer: The local housing study and other information sources describe a need far greater than will be met by a cqmbination of current housing stock plus the new construction occurring each year. Recent statistics show the number of Minnesotans living with relatives rose by 47% during the 1990s. The State Dept of Economic Security predicts faster job growth in central Minnesota than anywhere else in the state: with an increase of 46,000 jobs between 1996 and 2006. These hardworking people need to live somewhere. Yet over the last five years, the 5-city area has been averaging only 544 new houses and 190 new apartments per year - and not many of these have been affordable homes. Concern: Shouldn't we put less stress on new housing and more on existing houses? Why not provide gap loans to help people buy existing homes? Answer: The ordinance and accompanying grant proposal is intended to create · more affordable new housing and provide a $15,000 gap loan to families that are now in permanent renter status, so they can buy a house. The tight housing market will be improved only if we increase the stock of housing in the area. Older homes are a very important part of the housing stock, but we can't build more older homes. If we applied the $15,000 loans for the purchase of existing homes we would not be creating more homes. We would simply be increasing the demand for older homes, causing their prices to rise even faster than the current housing crunch has raised them in recent years. That would help some current owners of existing homes (those who don't plan to buy another house in the area) but only at the expense of all families trying to buy a house here. Building more homes is essential. Concern: Won't these new affordable homes be of low quality, requiring serious repairs in just a few years? Answer: No. These will be quality entry-level homes. The fundamental structure will be of the same quality as market rate homes. Lot size, house size, internal details, and unfinished lower levels will be the main cost-saving features. They'll be built by the same quality builders who are currently working in our area. Concern: Will the owners of these affordable houses have the incentive to keep up their home and their neighborhood? · Answer: Like every other homeowner, these owners will have a strong incentive to keep up their home. Like others they will be wanting to move up to a larger home when they are financially able. Even with the resale limitations during the first 10 years (designed to keep this house affordable for a decade), the original owners will be able to sell after, say, 7 years, with as . much as $26,000 built up as a down payment on a market-rate house. When the house ages past the first ten years, and larger investments in the house are ordinarily needed, the house can be sold for market value. Even with the sharing of capital gains, owners have a strong incentive for upkeep. Concern: Ovmers have to meet income guidelines to buy one of these affordable houses, but what if household income rises (say because of marriage or completion of schooling)? Shouldn't the ordinance require them to sell? Answer: Administering a system for annual income verification for hundreds of homeowners over decades is bureaucratically complicated and expensive. Besides, higher income families will not want to stay in these homes. Permanent renters will find these homes a good investment - as the only way to move into homeownership status and building up equity. But for a family who can afford a market rate home, these houses will not be a good financial investment, since for the first 20 years the owners don't get to keep the full appreciation of the house. A family whose income rises will want to sell and buy a market rate house. Concern: Builders hmJe argued that the best solution is for the cities to reduce their lot-size requirements across the board. This way some builders will step fonyard and volunteer to build affordable homes. This approach uses incentives wdhout any requirement. Answer: This is an important question and there are several parts to an response. . · Across the nation, incentive systems have been shown to build some affordable houses but not nearly as many as the 15% requirement. · No one is accusing local builders of being greedy or of not caring about this problem. Builders run a business and businesses need to make a profit. Still, builders must be realistic in admitting that the profit per home is greater for more expensive homes and this market incentive contributes to more upper-end homes being built than entry-level. · Builders also need to be realistic about the forces within cities that tend to keep lots big. One of them is that more expensive houses on larger lots pay higher property taxes. No one is accusing our city leaders of trying to exclude working families from their city for fiscal reasons, but we all recognize that this does occur in some suburbs of major metro areas around the nation. Builders must recognize that many city leaders, for various reasons, are sirnp1y against reducing the size of lots. They're not about to reduce lot sizes simply because we ask them. · Simply reducing lots sizes doesn't mean affordable houses will be built. Experiments in Booklyn Park and Hopkins have found that the typical builder still prefers to build more expensive homes, even on smaller lots. · This ordinance represents a compromise that asks various groups to do some things they have historically not wanted to do - in order to make this work. Because cities will be benefiting frorn rnore than $10 million of outside funding . for both new affordable homes and rehab of older homes, this ordinance has a political chance of succeeding. Because the buyers of the affordable houses are · new entrants to the single family house market, builders will need to build more houses per year than they otherwise would. Concern: Some builders have argued that this ordinance may work in Montgomery County, but our area is very different from theirs. Why import their strategy? Answer: The 15% requirement and 20% density bonus are being used in dozens of cities and counties across the nation, some like ours and some different. When Montgomery County started this process 25 years ago, they were a lot more like we are now. And over time, our development pattern will become more like theirs looks now. This ordinance seeks to channel the development energy of our area so that over the coming decades we will be including more of our citizens in affordable housing than will happen if we continue with business as usual. Concern: Some builders have argued that this ordinance requires the market rate houses in a development to subsidize the 15% affordable homes. Answer: This is simply untrue, and arises from a serious misunderstanding of how the ordinance works. These affordable homes will cost less than most other houses because they are simpler. But the price of each will cover the cost of construction and the cost of the improved lot (including the costs of financing the construction process). Builders will make a profit on each of these houses. No subsidy from the market rate houses is necessary. Concern: One builder has reported that afellow builder in Montgomery County says that the · ordinance there has done what it aimed to do (build more affordable housing) but has caused a greater gap between the well-to-do and ordinary worldngfamilies. Answer: The key point here is that the ordinance in other parts of the nation does what is set out to do. More working families do get into affordable homes by means of this ordinance. The gap between ordinary working families and well-to-do families is indeed growing, but not because of this ordinance. The main evidence for this is that this gap is growing in all communities, whether they have a 15% requirement or not. In fact, the ordinance helps working families reduce the gap - because they get to benefit from appreciation of a home instead of just paying rent year after year. Concern: Some critics have compared-the 15% requirement to price controls on gasoline -forcing gas stations to sell gas at a low price - or to requiring the local hardware store to sell lower-quality $99 propane gas grills when customers really want $199 grills. Answer: The problem with price controls on gasoline is that they will reduce the production of gasoline if the mandated price doesn't cover producers' costs. Then there's not enough gasoline to go around. However, these affordable houses will sell for a price that covers their cost of production, including a profit for the builder. If customers want to buy $99 grills, the hardware store will offer them. This isn't true for houses priced from $100,000 to $110,000. Many people want to buy them and very few of them are being built. There are many reasons for this, including the fact that cities require · large lots and the fact that the builder's profit-per-house is greater with more expensive homes. This ordinance insists that they be built and requires the cities to allow smaller lots for them. Concern: Some builders have argued that the ordinance treats all builders the same and treats all . developable land the same, even though some builders are better than others at building affordable homes and some land is more suited to affordable homes because the costs of infrastmcture will be lower. This view objects to a "cookie cutter" approach. Answer: To some extent, of course, all good laws treat everyone the same - in order to be fair. This is how other zoning laws work, whether they apply to curbs, sidewalks, or the places where builders are allowed to construct houses. Differences in land types are not ignored. For their own interests builders will most likely want to site the affordable houses on those parts of a development where the land requires the lowest infrastructure costs, but the price for these units will talk into consideration the fact that both raw land and infrastructure costs vary from development to development. There's no cookie cutter here. In fact, some of the best affordable housing across the nation has been produced when buiìders and developers are creative in their design and siting of these houses. Concel'll: Some builders hmJe argued that the 20% density bonus won 't help those builders who prefer to build more expensive homes on large lots - because they don't want to build on smaller lots than existing zoning I A Typical Development without a Density Bonus ordinances already allow. # of Market Rate Houses Planned 50 , I Answer: The 20% density bonus I Avg. size of lots (sq. ft,) 9,500 I I ! allows all builders to put ; Total Acres: 10.9 I the affordable houses on Lots per acre 4.6 I I I smaller lots, still leaving I ! I I I I quite large lots for the I I i , , Same Development with 20% Density Bonus market rate houses. The I # of Houses: I 60 I I i chart at the right shows # of ARUsi 9 I ! how this might work. On I # of Market Rate Houses 51 I I the same land where he If ARU lots are (sq. ft.): 4,500 ! 5,000 5,500 ! 6,000 originally planned 50 Then Mkt Rate lots are: 8,520 I 8,431 I 8,343 I 8,255 market rate lots, the , Market Rate lots per acre: 5.11 5.17 5.22 i 5,28 , I i developer can build 9 I , I I affordable houses on small lots and 51 market rate houses on lots only slightly small than originally planned. If he really wanted lots exactly as large as the original plan, that is still possible. The sale price of the affordable houses will include the price of the land beneath them, about 1.2 acres for all 9 houses in our example. If he wished, the builder could take that money and buy an additional 1.2 acres of land and make the 50 market rate lots as big as originally planned. Then he'd have both his original 50-units plus the 9 affordable houses combined together in a single development, making a profit on both types of housing. The 20% density bonus will make it possible for all builders to construct affordable homes while continuing their production of market rate homes. Concern: Some builders hmJe charged that this ordinance is mega I because the cities don 't have the statutOlY authority to impose afee against builders. . Answer: This is a zoning ordinance, not a taxation system. It sets the parameters under which new developments can occur. Cities have already decided that . . . . many elements are needed in new developments for the public good- whether that's curbs, sidewalks, certain types of drainage systems, etc. This zoning ordinance requires that new developments include affordable housing - also for the public good, so that hard working families can find affordable homes. In most cases there will be no money paid by builders under this ordinance. Only if the development has between 7 and 20 houses might there be a payment - and this is at the option of the builder/developer. We hope he'll build the required affordable houses because we need them so badly, but if he prefers, he can make a payment to the city's affordable housing fund instead. If builders object to the ordinance based on these optional "in lieu" payments, are they saying they'd be better off if they didn't have such option, but instead simply had to build the affordable houses in all developments of 7 or more units? Concern: Won'f the creation of the 5-city Panel mean the loss of local control by the cities? Answer: Each city retains full control over its housing code. Any city can vote to eliminate its affordable housing ordinance at any time (although hopefully they won't). The majority of Panel members will be the 5 representatives appointed by the cities. It is true that the Panel, and not each city, decides on the maximum price for the new ARUs, but this is a technical policy issue, a necessary part of the implementation of the overall policy. It must be done by the Panel and not be each city separately so that each city is . assured that the other cities are insisting on the construction of equally affordable housing. If each city retained the right to decide the maximum price, sooner or later one city's affordable houses would be priced much higher than some other city's - and political support for the "common" ordinance would weaken. . · 20001 Law Summaries · VOLUME I Regular Session Minnesota Session Laws 2001 · . CONTENTS 2001 REGULAR SESSION LAW SUMMARIES ApPROPRIATIONS I Employers prohibited from altering payment schedules to fonner BONDING 1 employees 7 Police civil service examinations 8 BUILDING CODES AND ENFORCEMENT I Building codes & pennit fees I ENERGY 8 CIVIL LAW 2 ENVIRONMENT 8 Civil actions under FLSA & ADEA 2 Mercury thennometer sales restricted 8 Good Samaritan Law 2 Reinvest in Minnesota program 8 Expedited penn its 8 CRIME PREVENTION 2 Water appropriation fees & dam Community service in lieu of fines 2 inventory 8 EMS personnel exempted from the Wetland law modifications 9 criminal rehabilitation program 2 Feedlot pennit conditions 9 Corrections bill 3 Fire training ash disposal 9 DATA PRACTICES 4 GENERAL GOVERNMENT 10 Requirement to notify schools of Procedures for hospitals to apply for student possession of drug State Department of Health variances paraphernalia 4 and waivers 10 . Release of accident report data 4 Small cities qualified newspapers 10 Omnibus Data Practices Act 4 Disaster volunteer leave 10 Access to employee assistance records 5 Hennepin County Regional Park District 10 School pot-lucks and fraternal ECONOMIC DEVELOPMENT 5 organization sale of home-prepared Minnesota investment fund repayments 5 foods 10 Business subsidies implicit price deflator 5 Prairieland Exposition Center non- profit authorized 10 ELECTIONS AND ETHICS 6 Gift ban exemption II Exemption from gift ban for attendees Omnibus gambling law II at national or multi-state associates Historic preservation 11 or officials' conference or event 6 Conflict of interest exceptions II Exceptions to local public officer's Capital access program modified 12 conflict of interest 6 Administrative rulemaking refonns 12 Disclaimers in newspaper ads 6 Bid & perfonnance bond competitive bid thresholds 12 EMERGENCY MANAGEMENT 6 Electronic funds transfers & credit Immunity for liability for rendering card use 12 emergency care 6 Quality based selection for state professional service contracts 13 EMPLOYMENT & PERSONNEL 6 Surety bonds 13 Child labor law age certification Special assessment & day contract alternative 6 competitive bid thresholds 13 Genetic testing prohibited 6 Hawkers, peddlers & transient merchants 13 State insurance plan available to staff Payment bond claims notices 13 of the Rural Policy and Development Township contract amounts increased 14 center 7 Designer selection board conflict of . Employment tennination infonnation 7 interest law 14 Employers prohibited from altering -' Daily payments for service on boards TAXES 20 . and councils 14 County offices appointed for Hubbard TRA:'\SPORTATION 20 and Cass counties 14 Motor home length and width modifications 20 Metropolitan area special transportation HOUSING 15 servIce 20 Owner-occupied housing eligibility Redefining residential roadway 21 for energy loans 15 Roadway property takings 21 Municipal consent 21 LAND USE AND GROWTH MANAGEì\IE:'\T 15 Allowing Hokah to vacate a town road 21 Nonconfonning uses 15 Prohibiting gasoline sales below cost 21 Super majority zoning 15 Seasonal weight restrictions for carrots 22 Highway law changes 22 LIQUOR 15 Omnibus liquor law 15 VETOED 23 Recreational motor vehicle prohibition MISCELLANEOUS 16 in Edina ?'" -j Itinerant carnival prohibition repealed 16 Telecommunications and cable facilities Certain male animal and breachy on railroad rights-of-way 23 cattle statutes repealed 16 Public works contracts 23 PE:\SIO:'\S AND RETIREì\lENT 16 LI:\E-ITE:\I VETOES 23 PROPERTY RIGHTS 16 DID NOT BECü:\1E LAW ?'" -j Premises pennit renewal authority 23 PUBLIC FINANCE 16 Wine in grocery stores 24 . Public Finance Bill 16 Massage therapists state registration 24 Special assessment waiver of rights Five-year prohibition on sale of property limitation 18 acquired by eminent domain 24 Development fees 18 Business subsidies requirements 24 Internet publication 24 PUBLIC SAFETY 19 TlF elimination 24 Housing assistance for volunteer Tax free zones 24 firefighters or ambulance personnel 19 Exempting buildings under $50,000 from Deadly force not constituted by use of having to use an architect 24 less than lethal munitions 19 Peace officers license revocation & city council members as peace officers 19 Restraint use by licensed peace officers 19 Ambulance service variances for staffing requirements 19 . . LA W SUMMARIES: 2001 V olume 1- 2001 Regular Session ApPROPRIATIONS - Pending Special approved by the state building Session Legislative Action official. Effective August 1, 2001. · Building code interpretive authority. This section gives the BONDING state binding interpretative authority over disputes arising from local building code interpretation. Under BUILDING CODES AND the new law at § I6B.63, a committee made of five building ENFORCEMENT officials and two construction industry representatives will make Building code & permit fees the final interpretation. It requires Chapter 207 (HF13 IO*/SFI205) makes a municipal building officials to series of changes to the state's building enforce final interpretations until the code requirements, including: interpretation is considered for . Repetitive plan check fee adoption as part of the state building rulemaking. This section at I6B. 61 code. Effective August 1, 2001. gives direction to the Department of · Permit fee limitation of minor Administration to create rules residential improvements. This . regarding repetitive plan review fees. provision creates new law at Effective August 1, 200l. §16B.63 and limits permit fees to . National model minimum state $15 or 5%, which ever is greater, for building code prë-empts local improvement, installation or ordinances. The law prohibits replacement of a residential fixture municipalities from adopting or appliance that does not modify ordinances or requiring through electric or gas service, has a labor development agreements any cost of $500 or less, and is done be provision that is more restrictive than the home owner or a licensed the building code when regulating contractor. Effective January 1, components or systems of residential 2002. structure. The new language of § · Annual reporting. Starting April 1, I6B.62 provides that the section will 2003 municipalitiés shall report not prohibit municipalities from information relative to fee revenue adopting planning, zoning or and expenditures to the Dept. of subdivision ordinances unless they Administration. The report required conflict with state building code under § I6B.685 will include provisions regulating components or information relating to all systems of a residential structure. construction and development The language allows local related fees collected from builders, governments to adopt more developers and subcontractors. The restrictive provisions if necessitated report will also collect information . by local geological conditions and relating to the costs to the municipality for performing within the scope of employment). . construction and development Effective May 18,2001. related activities. Report due April 1, 2003 for fees and expenditures of Civil penalties for bad checks and not 2002. paying for gasoline . Local builder license fee Chapter 204 (HF 205/SF 103*) tightens prohibited. This section clarifies § the language in MS 332.50 for the civil 326.90. It states municipalities may penalties for issuing checks that are not require a state licensed builder to dishonored (bad checks). Retailers must pay a local fee related to licensure or display a notice including a provision registration. Effective August 1, notifying the issuer of the dishonored 2001. check that civil penalties may be . Building standards. This change to imposed for nonpayment. Language is § 327 A.O 1 identifies building added requiring the court to consider the standards as the state building code amount of the check and the reason for in effect at the time of construction nonpayment in determining the amount or remodeling. Effective May 30, of the civil penalty. A new section of 2001. law is added to MS 332.50 to establish civil liability for receiving motor fuel without paying. CIVIL LAW Civil actions under FLSA &ADEA CRIME PREVENTION . Chapter 159 (HFI655/SFI614*) makes it clear that a person may sue the state Community service in lieu of fines under a series of federal acts to include Chapter 71 (HF 865*/SFI266) the Age Discrimination in Employment authorizes courts, when sentencing Act, the Fair Labor Standards Act, the indigent criminal defendants, to permit Family and Medical Leave Act and the community service in lieu of a fine. Americans with Disabilities Act. Fines would be worked off at a rate of Effective August 1, 2001. $5 per hour. Current law provides for minimum fines for criminal offenses. Good Samaritan Law Generally, the minimum fine is 30 Chapter 107 (HF93 5/SF824 *) clarifies a percent of the maximum fine. provision in the state's Good Samaritan Maximum fines are $1,000 for Law established in § 604A.Ol that misdemeanors, $3,000 for gross includes providing emergency medical misdemeanors, and various for felonies. care by using or providing an automatic Effective August 1, 2001. external defibrillator in the definition of "emergency care." It provides that a EMS personnel exempted from the person rendering this care during the criminal rehabilitation program course of regular employment and Chapter 144 (HF 704 * /SF 719) modifies receiving compensation will be protected MS chapter 364 dealing with the from liability unless the usual and exceptions to criminal offender regular duties of the person include the rehabilitation. The state of Minnesota . provision of emergency medical care has a policy described in chapter 364 to (the general law excludes persons acting 2 encourage the rehabilitation of criminal but is not limited to, evidence of . offenders. Securing employment is treatment failures or completions, considered essential to becoming a evidence of exceptional crime-free productive citizen, but there are community adjustment or lack of , appropriate adjustment, evidence of exceptions to the program. Emergency medical service personnel are added to substantial community need to know the exception list in MS 364.09. more about the offender or mitigating circumstances that would Corrections bill narrow the proposed scope of Chapter 210 (HF 1261 */SF 1937) notification, or other practical modifies existing corrections statutes, situations articulated and based in including: evidence of the offender's behavior · Modifications are made to chemical while under supervision. In order for dependency treatment programs in a risk level reduction to be granted, MS 241.021, by changing the name the offender must demonstrate full of residential treatment facilities to compliance with supervised release community-based treatment conditions, completion of required facilities. Furthermore, the language post-release treatment programming stipulates when the commissioners of and full compliance with all corrections and human services agree registration requirements in statute. that the established standards for The offender must also not have community-based programs cannot been convicted of any felony, gross reasonably apply to correctional misdemeanor, or misdemeanor ,. facilities, alternative equivalent offenses subsequent to the standards shall be developed by the assignment of the original risk level. commissioners and established Offenders returning to prison, as through an interagency agreement. release violators shall not have a · Language stating "parole officers fight to a subsequent risk assessment shall reside in the various districts of by the end-of-confinement review the state in which they are committee unless substantial employed" is removed from the law, evidence indicates that the offender's MS 243.05. risk to the public has increased. · MS 244.052 deals with the work of . MS 244.173, the challenge the end-of-confinement review incarceration program, is amended committee for predatory offender with language to expand the "local release and the public risk. correctional fees" to include post- Language is added allowing the prison supervision, and other forms offender's corrections agent, in of release. consultation with the chief law . MS 609.344 and MS 609.345, are enforcement officer in the area the statutes dealing with criminal where the offender resides or intends sexual conduct in both the third to reside, to request a review of a degree, and fourth degree risk level at any time if substantial respectively. The new law adds new evidence exists that the offender's language to both sections stating the risk level should be reviewed by an actor is guilty of criminal sexual . end-of-confinement review conduct in the third, or fourth degrëe committee. The evidence includes, 3 if the actor is an employee, Omnibus Data Practices Act . independent contractor, or volunteer Chapter 202 (HFI898/SFI068*) makes of a state, county city or privately metropolitan towns subject to the operated adult or juvenile Government Data Practices Act; clarifies correctional system, and the circumstances under which a unity of complainant is a resident of a facility government or person would be or under supervision of the protected from liability when acting in correctional system. Consent of the confonnity with a written Department of compliant is not a defense. Administration opinion; clarifies that depending on a fonnal commissioner's opinion would be a factor considered by DATA PRACTICES a court in detennining whether to assess a civil penalty to compel compliance Requirement to notify schools of with the Act; classifies that housing and student possession of drug redevelopment data received from paraphernalia persons seeking assistance and specifies Chapter 18 (HF 1046/SF 91 *) amends that certain data on applicants becomes M.S. 121A,28 to clarify that law public while some remains private or enforcement agencies must notify protected if the applicant receives schools of any drug incident occurring in assistance; classifies as private or their jurisdiction in which there is nonpublic specific business data probable cause to believe a student submitted by a business requesting violated state laws barring possession of financial assistance or benefit financed . certain drug paraphernalia. Effective by public funds and specifies that some August 1, 2001. of that data becomes public if a benefit is received; makes private or nonpublic Release of accident report data certain business data submitted to a Chapter 91 (HF 1830/SF 2006*) government entity in response to a authorizes the Minnesota Department of request for bids until bids are opened; Public Safety to provide modified copies provides that if all RFP responses are of accident reports data (deleting names, rejected prior to completing the selection driver license numbers, license plate process, private data remains so until numbers, addresses and other identifying resolicitation or a decision to abandon infonnation) for no less than the cost of the purchase. If responses are rejected preparing copies on a bulk basis to the after the process is completed, data public on request. The department must public at that time remains public. include the license plate number (unless Provisions also requires government the state database also includes the entities to keep a record of what records vehicle's VIN) if a private accident and it has destroyed rather than forwarding damage infonnation collection agencies that record to the commissioner of certify and agree that they will use that administration and the archivist of the infonnation only to identify damaged state historical society and strikes vehicles involved in accidents and be Ramsey County from future application subject to civil penalties for of a local '97 law that requires unauthorized release of private data. Washington and Ramsey County to . Effective August 1, 2001. infonn property taxpayers that they can 4 · opt out of having their .nàmes included ECONOMIC DEVELOPMENT on lists of property owners that are sold to businesses for surveying, marketing or Minnesota investment fund solicitation. repayments Provisions also repeal a statute enacted Chapter 102 (HF1392/SF 1258*) last session that provided local units of provides cities and counties with more government an administrative remedy control over money they receive from for disputes over denial of access to the Minnesota Investment Fund (MIF). government data because the legislature Local units of government will now be provided no funding to cover the costs of able to contribute money they receive the program. from repayment of funds awarded as loans or grants from the MIF, in addition Access to employee assistance records to a regional development commission, Chapter 145 (HF 604/SF 564*) requires to some other regional entity or that employee assistance records be kept statewide community capital fund as separate from personnel records and that determined by the commissioner, or to no later than seven working days after a capitalize, as well as to provide the local request, employee or parent or legal match required for a statewide (in guardian of the employee if the person is addition to regional) revolving loan a minor, assistance providers must allow fund. Effective August 1, 2001. the employee, parent or guardian to review and obtain copies of the Business subsidies implicit price employee's employee assistance records. deflator · Those records must be maintained Chapter 7 (HF 656* /SF 231) contains a separate from personnel records and technical clarification with regard to the must not become part of the employee's interest rate that must be imposed by personnel file. The provider may not business subsidies grantors on recipients charge a fee for a copy of the record. who fail to meet goals contained in Other provisions bar disclosure of any business subsidy agreements. The portion of these records to a third party interest rate is required to be set at no without prior written authorization of the less than the implicit price deflator for person receiving the services or the government consumption expenditures person's legal representative. The and gross investment for state and local employee may bring a civil action to governments prepared by the Bureau of compel compliance with these Economic Analysis of the United States provisions and recover actual damages Department of Commerce for the 12- and reasonable attorney fees. Effective month period ending March 31 of the August 1, 2001. previous year. This essentially replaces an existing statutory reference with language that appeared as a definition for the term "implicit price deflator" in the expired levy limits law. Effective August 1,2001. · 5 ELECTIONS AND ETHICS EMERGENCY MANAGEMENT . Exemption from gift ban for attendees Immunity for liability for rendering at national or multi-state association emergency care or officials' conference or event Chapter 107 (HF935/SF 824*) clarifies Chapter 93 (HF 1021/SF 1441 *) that persons providing emergency care provides for a limited exemption from during the course of regular employment the state gift ban law for local officials and who are compensated for that attending a conference or event services for usual and regular duties that sponsored by a national or multi-state include providing medical care are organization for local units of covered under general immunity from government if the gift is food or liability in M.S. 604A.0 1. Effective on beverage provided at receptions or meals May 18,2001. and equivalent gifts are given or offered to all other attendees. Effective August 1,2001. EMPLOYMENT & PERSONNEL Exceptions to local public officer's Child labor law age certification conflict of interest alternative Chapter 132 (HF 610/SF 974*) allows Chapter 82 (HF 1490/SF 1090*) allows cities to apply for and accept state or for use of the federal 1-9 form when an federal grants for housing, community or employer hires a minor and certifies . economic development when a public their age. The U.S. Department of officer may benefit - if the officer Justice Immigration and Naturalization abstains from voting on measures related Service Employment Eligibility to the grant. Section 2 applies to a city Verification Form I -9 is added to the list in St. Louis County with a population of of acceptable proof of age documents 5,000 or less and allows that city to that include: an age certificate issued by administer such assistance from the their school, a copy of the minor's birth federal CDBG or EDA funds and make a certificate, or copy of the minor's grant or loan from these funds to an driver's license. officer of the city who first discloses in the official minutes of the city council meeting that the officer has applied for Genetic testing prohibited the funds and abstains from voting on Chapter 154 (HF1886/SF1721 *) sets out the application. Effective August 1, a comprehensive prohibition against the 2001. use of genetic testing by employers. The new law, § 181.974, sets out a series of Disclaimers in newspaper ads definitions relating to genetic testing. Chapter 143 (HF 486*/SF 682) requires Under the law "genetic test" means a test disclaimers on political advertisements of a person's genes, gene products, or in newspapers to be legible. chromosomes for abnormalities or Newspapers, magazines or periodicals deficiencies, including carrier status, that must not accept such ads unless the are linked to physical or mental disclaimer is in a legible text size and disorders or impairments, or that indicate . font. Effective August 1, 2001. a susceptibility to disease, impairment, 6 . or other disorders, whether physical or Mankato State University, to participate mental, or that demonstrate genetic or in the state insurance plans that apply to chromosomal damage due to state employees. The language specifies environmental factors.. An "employer" that the Rural Policy and Development means any person having one or more Center must operate as a nonprofit employees in Minnesota, and includes corporation under section 501 c 3 of the the state and any political subdivisions Internal Revenue Code for the staff to of the state. The law defines participate, and are subject to regulation "employee" as a person who performs by the state campaign finance and public services for hire in Minnesota for an disclosure board. Effective May 11, employer, but does not include 2001. independent contractors. . "Protected genetic information" means: (1) Employment termination information information about a person's genetic test; Chapter 95 (HFI920/SFI835*) makes or (2) information about a genetic test of changes in employment termination law a blood relative of a person. The bill by increasing the number of days a directs that no employer or employment terminated employee has to contact their agency shall directly or indirectly: (1) former employer regarding their administer a genetic test or request, termination, and the employer's require, or collect protected genetic response time. The employee who has information regarding a person as a been involuntarily terminated has 15 condition of employment; or (2) affect days, increased from five days, that he . the terms or conditions of employment can request in writing reasons as to why or terminate the employment of any the employer tenninated the employee. person based on protected genetic The employer has to respond with the information. (b) No person shall provide truthful reason for the termination within or interpret for any employer or ten working days following receipt of employment agency protected genetic the employee's request; this is an information on a current or prospective increase as the previous language was employee. Finally, any person five working days. Effective August 1, aggrieved by a violation of this section 2001. may bring a civil action, in which the court may award: (1) up to three times Employers prohibited from altering the actual damages suffered due to the payment schedules to former violation; (2) punitive damages; (3) employees reasonable costs and attorney fees; and Chapter 199 (HFI893/SF1344*) under (4) injunctive or other equitable relief as the amendments to § 181.03, an the court may deem appropriate. employer may not alter the method of Effective August 1, 2001. payment, timing of payment, or procedures for payment of commissions State insurance plan available to staff earned through the last day of of the Rural Policy and Development employment after the employee has Center resigned or been terminated if the result Chapter 86 (HF 141 0/SF849*) allows is to delay or reduce the amount of staff of the Rural Policy and payment. The law creates a civil action . Development Center, established at and states that an employer who violates 7 this section is liable in a civil action mercury if the battery is in compliance · brought by the employee for twice the with section 325E.125, thermometers amount in dispute. Effective August 1, used for food research, development or 2001. food processing, thennometers used in animal agriculture climate control Police civil service examinations systems or industrial measurement Chapter 87 (HF1465/SF1432*) allows systems until such time as the system is for periodic police civil service exams· replaced or a non-mercury component and clarifies that qualified applicants for the system is available, or may be added to the list of eligible thennometers used for calibration of applications on the register. The law other thermometers, apparatus, or amends § 419.10 by adding language to equipment, unless a non-mercury the notice of examination clause to read calibration standard is approved for the the notice may provide that other application by the National Institute of examinations may be administered from Standards and Technology. Effective time to time during the life of the January 1, 2002. eligible register, without an additional publication or ten-day notice, to Reinvest in Minnesota program applicants meeting threshold Chapter 99 (HF 14811SF 1164 *) amends requirements. It was further amended to the RIM program definition of state that if the notice is given at the time landowner to mean an individual or of initial examination, additional entity that is not prohibited from owning examinations may be administered to agricultural land under section 500.24 · applicants meeting threshold and either owns eligible land or is requirements without an additional purchasing eligible land under a contract publication or ten-day notice. Applicants for deed. The law also increases the passing a later examination shall be àmount of the payments made by BWSR added to the eligible register in the order to landowners for conservation of their standing relative to the easements. Effective August 1, 2001. remaining applicants on the register. Effective August 1, 2001. Expedited permits Chapter 116 (HF1827/SF1613*) gives the Minnesota Pollution Control Agency ENERGY - Summary pending the authority to expedite pennits by amending § 116.07. The law will allow pennit holders to pay a surcharge on ENVIRONMENT their pennit fee to move the pennit application forward in an expedited Mercury thermometer sales restricted manner. Effective August 1,2001. Chapter 47 (HF274*/SF70) prohibits the Water appropriation fees & dam sale or distribution of thennometers containing mercury that was inventory manufactured after June 1, 200. Under Chapter 160 (HF1612/SF1434*) the amendments to § 365.10, the establishes under § 1 03G a permit prohibition does not apply to electronic application fee for pennits to appropriate · thennometers with a battery containing water, pennits to construct or repair a 8 . dam that is subject to dam safety county to receive and act on applications inspection, or a state general permit or to under sections 103F.612 to 103F.616. In apply for the state water bank program is regard to public waters inventories, the $75. The application fee for a permit to law adds an additional circumstances work in public waters or to divert waters when the commissioner may reclassify for mining must be at least $75, but not public waters wetlands as public waters. more than $500, according to a schedule Effective August 1, 2001. offees adopted under section 16A.1285. Additionally, the law directs the Feedlot permit conditions Commissioner of Natural Resources to Chapter 128 (HF1734/SF1659*) makes a cooperate with the United States Army series of changes to Minnesota's feedlot Corps of Engineers in carrying out the laws under §116 and § 561. The law inventory and assessment,. and the repair exempts pasture lands from the feedlot of dams that are a risk to public safety, rules, 7020. It exempts rainfall and that were constructed in this state by the snowfall conditions from items for Works Progress Administration, the record keeping by permittees. It requires Works Projects Administration, and the feedlot permittees to give notice to the Civilian Conservation Corps, as state when ownership of the feedlot mandated by section 524 of Public Law changes hands. It directs an automatic Number 1 06-541. Effective August 1, extension under certain circumstances of 2001. the feedlot's NPDES permit when requested by the owner. An animal Wetland law modifications feedlot in shoreland that has been unused . Chapter 146 (HFI828*/SFI486) may resume operation after obtaining a modifies the state's wetlands laws under permit from the agency or county, §103F and §103G. Payments for the regardless of the number of years that conservation easements for wetlands, the feedlot was unused. In addition the public waters wetlands, or public waters law provides that not later than August connected to a public or private drainage 1, 2001, the MPCA must allow system, shall be an amount determined alternative methods for disposal of by the board based on the fair market milkhouse process wastewater by a dairy value of the land if drainage . operation having 300 animal units or infrastructure were restored. For fewer under limited circumstances. projects affecting public waters wetlands Effective May 19,2001. and for wetland areas of public waters affected by a public transportation Fire training ash disposal project as determined by the Chapter 67 (HFI188*/SF1045) adds a commissioner, the commissioner may subdivision to § section 116.07 and waive the requirement for a public directs how to dispose of ash from fire waters work permit in certain training exercises. The law establishes circumstances. Watershed management criteria that allows for the ash from a organization have expanded authority to legitimate fire training exercise to be act on wetland applications. WMOs disposed in any permit-by-rule land with an approved watershed disposal facility authorized under MPCA management plan under section rules or any permitted demolition land . 103B.231 have the same authority as a disposal facility, with the consent of thë 9 disposal facility operator. Effective May considered to be county work . 3,2001. assignments. Effective the day after the Hennepin County Board takes action to put these provisions into effect. GENERAL GOVERNMENT Hennepin County Regional Park Procedures for hospitals to apply for District State Department of Health variances Chapter 44 (HF867*/SF646) clarifies and waivers that the Hennepin County Regional Park Chapter 29 (HF994/SF 883*) establishes District must conform to the open procedures for requesting variances or meeting law; allows it to accept waivers from state health department donations and to enter into joint powers rules for operation, construction or agreements and clarifies that the equipping hospitals. Effective August 1, boundaries of the district include all of 2001. the county except the City of Minneapolis. Small cities qualified newspapers Chapter 38 (HF 949* /SF 771) applies School pot-lucks and fraternal only to cities under 1,300 in population organization sale of home-prepared and provides that, for newspapers that do foods not receive public subsidies, the prin~ed Chapter 65 (HF967*/SF876) permits space minimum is reduced from 1,000 to schools to sponsor potluck food 800 square inches and the circulation or functions and fraternal or patriotic . distribution minimum is reduced from 501 (c )(3) organizations to sell home- 500 to 250 subscribers or residents. prepared food at events. Effective Effective August 1, 2001. August 1, 2001. Disaster volunteer leave Prairieland Exposition Center non- Chapter 40 (HF828/SF 741 *) authorizes profit authorized Hennepin County to grant leave from Chapter 81 (HF390/SF 11 0*) authorizes work for up to 15 working days at 50 the southwest regional development percent of pay to county employees who commission to incorporate or authorize are certified American Red Cross the incorporation of a non-profit disaster service volunteers or emergency corporation to operate programs and disaster volunteers for the Salvation manage facilities of the Prairieland Army or similar organizations approved Exposition Center in development region by the Hennepin County Board upon the eight. The legislation specifies a nine- request of the disaster services member board of directors to be organization. Such leave, if granted, appointed by the southwest regional does not affect the employee's vacation development commission. Employees or sick leave, pension, comp time, of the non-profit will not be considered earned overtime or cause a loss of public employees and will be prohibited seniority and the county is not liable for from participating in retirement, deferred worker compensation claims that arise compensation, insurance and other from accidents or injury while on programs that apply to public employees . assignment. Duties performed are not generally. The southwest regional 10 · development commission is authorized gambling activities are modified. to enter into contracts and lease Organizations 'may now conduct bingo, agreements with the non-profit limited to one progressive game using corporation. This is the first law passed disposable bingo sheets, between 11 a.m. in accordance with legislation enacted and 2 p.m. in licensed on-sale liquor during the 2000 legislative session establishments. Local authority to requiring legislative approval for any require organizations to spend a new corporate entities created by local minimum percentage of net gambling units of government. Effective May 11, profits for specific lawful purposes and 2001. within a local trade area is limited to an annual percentage. Similarly, local Gift ban exemption gambling taxes of up to three percent of Chapter 93 (HF211 O/SF 1441 *) expands gross gambling receipts must be figured the limited exemptions clause to the on an annual basis. The time period that current gift ban law to allow a national a city or county has to approve premises or multi-state organization of permits or bingo hall licenses is governmental officials to give beverages extended from 60 to 90 days. Effective or food for 'a reception or meal, as long May 15,2001. as the gift is given or offered to all other attendees. Effective May 15,2001. Historic preservation Chapter 101 (HFI764/SF2049*) Omnibus gambling law recognizes and extends protection of the Chapter 96 (HFI069/SF986*) makes Minnesota Historic Sites Act and the · several changes to the lawful gambling Minnesota Field Archeology Act to the laws. Gambling profits will be Camp Coldwater Springs. The state and authorized to be spent for the following its political subdivisions are prohibited additional purposes: (1) to reimburse from taking any action that may members of a military guard unit for diminish the natural flow of water to or participating in events in states from the camp. Additionally, language contiguous to Minnesota (current law is added regarding the Old Fort Snelling allows reimbursement for events that historic district to provide that it includes occur within Minnesota only), (2) lands that are pat of the Fort Snelling payment of the entire (rather than just Historic District in the National Register one-half) annual audits of gambling of Historic Places. Effective May 16, funds provided that the audit is timely 2001. filed, and (3) all-terrain vehicle trails. Additionally, organizations may now Conflict of interest exceptions also spend net gambling profits without Chapter 132 (HF610/SF 974*) adds two the organization memberships' prior exceptions to the local public officer's approval to relieve the effects of a conflict of interest law. The first natural disaster as long as the exception allows local governing bodies expenditure would be a lawful purpose to apply for and accept state or federal as defined in law. Circumstances under grants for housing, community, or which the Gambling Control Board may economic development in which a public take action against an organization's officer may benefit, as long as the public · premises permit based on illegal officer abstains from voting on measures 11 related to the grant. The second Bid & performance bond competitive · exception applies to small cities within bid thresholds St. Louis County with 5,000 or less in Chapter 140 (HFI589/SFI301 *) population and allows cities increases the comp~titive bid thresholds administering loan or grant programs for projects conducted by economic within community development block development authorities under grant funds or federal economic Minnesota Statutes 469. Performance development administration funds for and payment bonds are required for all property owners within the geographic contracts that are greater than $35,000 boundaries of the city, to make a grant or for an authority whose area of operation loan from these funds to a public officer is less than 2,500 population and of the city who applies, as long as the $50,000 for all others. Additionally, an public officer first discloses, as part of authority may accept a certified check or the official minutes of a meeting of the cashier's check in the same amount as city, that the public officer has applied required for a bond in lieu of a for the funds and the public officer perforn1ance bond for contracts entered abstains from voting on the public into by an authority for an expenditure officer's application. Local approval is of less than $50,000. Effective August 1, not required. Effective August 1, 2001. 2001. Capital access program modified Electronic funds transfers & credit Chapter 153 (HF 1940/SF 1472 *) was card use sponsored by the Department of Trade Chapter 13 (HFI016/SF509*) grants · and Economic Development (DTED) authority to cities and counties to make allows DTED, within the context of its and accept payment by electronic funds capital access program, to use available transfers under § 471. It also provides funds to make equity investments in cities and towns the limited authority to community development venture capital make public purchases by credit card, funds. Effective May 22, 2001. also under § 471. Similar credit card authority was granted to counties during Administrative rulemaking reforms the 2000 legislative session. The bill Chapter 179 (HF667/SF555*) creates a requires municipalities to establish new process for variances from agency policies and procedures regarding the rules; for challenging agency attempts to EFT payments and debits. The payment enforce policies without going through of property taxes by credit card is rulemaking; and for agencies to use to subject to section 276.02. The city or repeal obsolete rules; authorizes the county must establish policies and legislature to delay the effective date of procedures to ensure the validity of proposed rules; and repeals the sunset on electronic approvals. Finally, cities and the Governor's authority to veto and townships may authorize the use of a modifies some of the rule veto credit card by any city or town officer or procedures. Most sections are effective employee othenvise authorized to make July 1, 2001. a purchase on behalf of the city or town. If a city or town officer or employee makes or directs a purchase by credit · card that is not approved by the city 12 · councilor town board, the officer or in its surety bond coverage as considered employee is personally. liable for the appropriate and necessary by the public amount of the purchase. A purchase by entity. Effective August I, 2001. credit card must otherwise comply with all statutes, rules, or city or town policy Special assessment & day contract applicable to city or town purchases. competitive bid thresholds EFT authority effective August 1, 2001. Chapter 5 (HF817/SF376*) amends the Credit card authority effective April 4, special assessment law and day contract 2001. public works provisions of Minnesota statute 429 to increases the spending Quality based selection for state thresholds before a municipality must professional service contracts follow the municipal uniform Chapter 100 (HF724/SF 1 064 *) is the competitive bid law to $35,000 for 2001 version of design build law. The municipalities of less than 2,500 law establishes a quality based selection population, or $50,000 for all others. process for the state to obtain The law also increases to $25,000 the professional services of persons threshold before a project conducted regulated by the board of architecture, under a day labor contract will require engineering, land surveying, landscape the work to be supervised by a registered architecture, geoscience, and interior engineer. Effective March 3, 2001. design. Once the agency ranks prospective contractors based on a Hawkers, peddlers & transient variety of factors, the agency then merchants · negotiates with the contractors the Chapter 53 (HFI637*/SFI790) repeals details of the contract outside of the provisions in law that explicitly directed competitive bid law. This process only counties on the manner of regulating and applies to projects not subject to the licensing hawkers, peddlers & transient designer-selection process of 16B.33. merchants. The law repeals portions of Effective July 1, 2001. § 329, but does not affect the ability of local governments to otherwise regulate Surety bonds business within their communities. Chapter 76 (HF489*/SF311) amends Effective August 1, 2001. Minnesota Statute 574.39 by directing the way in which municipalities may Payment bond claims notices direct a contractor to secure a surety Chapter 52 (HFI467/SFI419*) amends bond. The law states that the state, all § 574.31, the law directing how claims municipalities, municipal corporations or on payment bonds are to be made. The other political subdivisions shall not law now requires that the addresses of require a contractor to procure a surety the contractor and the surety listed on bond from a particular insurance or the bond must be addresses where the surety company, agent, or broker on a companies are authorized to accept public improvement which is or has been service of the notice of the claim. If an competitively bid or negotiated. The agent or attorney-in-fact is authorized to law specifically states that the accept service of notice of the claim for government entity may require the contractor or surety, that fact must be · customized features or financial ratings expressly stated in the bond along with 13 the address of the agent or attorney-in- state or political subdivision. Only if a . fact at which service of the notice of the state or political subdivision employee claim can be made. Effective August 1, chooses to use vacation time for board 2001. activities may they be compensated with the daily payment. New language is Township contract amounts increased added that requires each board to adopt Chapter 11 (HF487/SF433*) under internal standards prescribing what amendments to § 365.10, a town board constitutes a day spent on board may contract with nonprofit activities for purposes of making daily organizations for not more than $10,000 payments. This law applies to per year for health, social, and administrative boards and agencies (MS recreational services. Effective August 1, 15.0575), advisory councils and 2001. committees (MS 15.059), and health related and non-health related licensing Designer selection board conflict of boards, and to agencies created after July interest law 1, 1975 in the executive branch other Chapter 33 (HF 1455/SF 1435*) than departments whose primary modifies the conflict of interest section function is licensing, registration, or of law relating to the designer selection certification of persons in specified process. The new language states a professions or occupations (MS 214.09). board member may not participate in the County offices appointed for Hubbard review, discussion, or selection of a designer or firm in which the member and Cass counties . has a financial interest. This replaces law Chapter 105 (HF l290/SF 510*) which stated the board could not select a provides a process for the appointing the designer or firm in which a member of offices of county auditor, county the designer selection had a current treasurer, and county recorder by the financial interest. county boards in Hubbard and Cass counties. The county board would act Daily payments for service on boards upon a resolution to make these offices and councils appointed, which must be approved by Chapter 61 (HF 525*/SF 1604) makes 80 percent of the county board. Before changes to MS 15.0575, MS 15.059, and adoption of the resolution, the county MS 214.09 dealing with public board must publish for two consecutive employees receiving daily payments for weeks their intent to consider adopting service on boards and councils. the option. Following the publication, Previously, the statute stipulated the county board must make available a members of the boards must be public comment time on the option at compensated; new law states public their next regular board meeting, prior to employees may be compensated. adopting the option. The county board Further changes are made stating that may adopt the resolution without board/council members who are state or submitting it to the voters of the county political subdivision employees, whether unless, within 30 days after the second part-time or full-time, must not receive publication of the resolution, a petition the daily payment for activities that requesting a referendum is signed by at . occur during working hours for which least ten percent of the registered voters they are already compensated by the in the county. The petition must then be 14 . filed with the county auditor. The relating to adult only businesses. resolution may be implemented unless a Effective August 1, 2001. majority of the county voters vote down the question at either a regular or special Super majority zoning election. This law allows those currently Chapter 207 (HF1310*/SFI205) elected to be the county auditor, county provides that zoning ordinances may be treasurer, and county recorder to adopted or amended by a majority of the complete the remainder of their term. governing body, but that changing a Effective upon local approval. zoning district in part or in totality from residential to commercial or industrial must be approved by a two-thirds HOUSING majority of the governing body. Section 13 of the bill relates to the general Owner-occupied housing eligibility for requirements found in §462.357, subd. 2. energy loans Section 14 of the bill amends §462.357, Chapter 147 (SF 1306/HF 1367*) allows subd. 5 relating to cities of the first class. owner-occupied residential housing to Changes were not made to the super qualify for existing energy loans and majority vote requirement for adopting removes the restriction of the eligibility comprehensive plans and its for loans under the energy loan program amendments. Effective May 30, 2001. in the metropolitan area. Effective May 22,2001. . LIQUOR LAND USE AND GROWTH Omnibus liquor law MANAGEMENT Chapter 193 (HF1994/SF1752*) authorizes on-sale liquor licensees to use Nonconforming uses machines that premix and dispense Chapter 174 (HF1507*/SF1572) amends frozen or iced cocktails provided that the § 462.357 by codifying the expiration of machines are emptied and cleaned daily. a nonconforming use. Under the new Effective May 26, 2001. The City of law if a nonconforming use or . Minneapolis is authorized to issue on- occupancy is discontinued for a period sale wine and on-sale malt liquor of more than one year, or any licenses to the Loring Playhouse and the nonconforming use is destroyed by fire Brave New Institute. The City of or other peril to the extent of greater than Minneapolis is also authorized to issue 50 percent of its market value, any an intoxicating liquor license to an subsequent use or occupancy of the land establishment at 4415 Nicollet Avenue or premises shall be a conforming use or South that currently holds an occupancy. The law allows intoxicating malt liquor license and wine municipalities to impose reasonable license. The City of S1. Paul is regulations to prevent nuisances and to authorized to issue an on-sale protect the public health, welfare, or intoxicating liquor license to the Great safety. The new law does not prohibit a American History Theater and the Brave . municipality from enforcing ordinances New Workshop at the Palace Theater. _ The City of S1. Paul is also authorized to 15 issue an on-sale wine and malt liquor PENSIONS AND RETIREMENT - . license for special events to be held in Pending Special Session Legislative the State Capitol's Capitol Cafeteria. An Action exception to the general prohibition on selling intoxicating liquor within 1,500 feet of a state university is added for the PROPERTY RIGHTS - Pending area surrounding the premises leased by Metropolitan State University in Special Session Legislative Action MiIll1eapolis. The cities of Blaine, Elk River, and Moorhead are authorized to issue six additional on-sale intoxicating PUBLIC FINANCE liquor licenses. The City of St. Louis Park is authorized to issue twelve Public Finance Bill additional on-sale liquor licenses. A Chapter 214 (HF2037/SF2208*) makes a legislative study committee is to be series of changes to the state's public appointed by the Chairs of the financing laws. Among the changes are committees with jurisdiction over amendments to: commerce for the purpose of studying · § 275.60 relating to the bond notice aspects of the relationship between beer required for levy or bond referendum wholesalers and small brewers. A report allowing, in the case of a question on to the legislature is due February 15, the issuance of debt obligations, the 2002. Special laws are effective upon notice to be supplemented by a local approval. description of revenues pledged to . payment of the obligations that are intended as the primary source of MISCELLANEOUS payment. · §429.091 allowing a city council Itinerant carnival prohibition establish by resolution a revolving repealed fund for the payment of the costs of Chapter 20 (HF64/SF971 *) repeals facilities to maintain streets and MiIll1. Stat. 624.65 a law that dates back water, sewer, and storm sewer to the 1920s and prohibits itinerant systems. carnivals. Effective April 12, 2001. · § 474A.045 modifying the criteria to be used in determining the allocation Certain male animal and breachy of enterprise zone facility bonds and cattle statutes repealed small issue bonds for manufacturing Chapter 21 (HF 394/SF 327*) repeals projects, including the assignment of MiIll1. Stat. 346,19 dealing with certain 20 points for projects that locate in male animals "ruIll1ing at large" in a an incorporated area or a plaIll1ed town. The law was written to penalize urban grov.1:h area as defined by ovmers of male animals including: section 462.352, subdivision 18; 20 stallions over the age of one year, bulls points for brownfield projects over the age of nine months, and boars located in a state or federal and rams over the age of three months, Superfund site, a voluntary and breachy (or law breaking) cattle. investigation and cleanup site, or a . Effective August 1,2001. brovmfield site, all as defined by the 16 · Minnesota pollution control agency; source of debt payment. That section and 20 points for projects with was effective May 30. favorable environmental citizenship as evidenced by no nonforgivable or Section 10 gives Hennepin County new combination administrative penalty authority to appropriate funds or issue orders, stipulation agreements, bonds for multi-jurisdictional program consent decrees, or other activities for housing development or enforcement orders containing a redevelopment regardless of whether monetary penalty by the Minnesota state funds have been appropriated for pollution control agency over the such activities. Funding may cover past three years or pending at the housing project costs (other than time of application. operating) as part of a capital . §474A changing a series of improvement plan regardless of whether requirements for the use of the improvement is owned by the county residential rental bonds.] or another government entity. This . §475.59 modifying the manner of authorization is effective August 1. submission and notice used by cities, towns or counties, providing that the Allocation of mortgage revenue & small governing body may, according to its issue bonding authority and proceeds judgment and discretion, submit as a Sections 13-42 contain detailed changes single ballot question or as two or to the allocation of federal tax-exempt more separate questions in the notice bond proceeds and issuance authority for · of election and ballots the housing, manufacturing and business proposition of their issuance, stated enterprise projects, student loans, conjunctively or in the alternative, agricultural development projects, etc. for the acquisition, construction, or Section 18 changes the annual total improvement of any facilities at one amount of bond authority to be allocated or more locations. to correspond to increased federal per capita volume limits for Minnesota: In addition the bill creates special law increasing the small issue pool from $63 bonding authority for the Chisago Lakes - $74.5 million; increasing the housing Joint Sewage Treatment Commission. issue pool from $59 - $122.1 million The Commissioner is ajoint powers (and reserving 31 percent of that pool for board established by the county of single family housing until the last Chisago, and the cities of Lindstrom, Monday in July). Section 19 requires Chis ago City, and Center City, to own entitlement issues to submit data on and operate wastewater treatment home purchase prices, mortgage facilities for the member local amounts, income, household size and governments. Under the law the race that are served by mortgage bond Commission may issue and sell general programs to MHF A by the end of the obligation bonds. year. Sections 22 and 41 require state government to post information about Section 3 allows cities to supplement allocations on their web sites rather than ballot questions regarding bond publishing written notice in the State · referendums with language describing Register. Section 23 makes changes to the revenues pledged as the primary the scoring system for allocating small 17 issue and enterprise zone facility The bill also gives special law authority . bonding by adding points for projects to Hassan Township to establish a located in incorporated or planned township economic development growth areas as well as for brownfield authority similar to the powers conferred projects or for projects with "favorable upon counties in the 2000 session. The environmental citizenship" (meaning no Legislature found it appropriate to give penalty orders pending or imposed Hassan Township the powers of an during the previous 3 years). Section 24 economic development authority makes significant changes to eligibility because the town is located in an for allocation of residential rental bond increasingly urbanized area and is the proceeds; and Sections 25 and 26 make only remaining town in Hennepin changes to the tenus of the 15 - year County. Various effective dates. agreements that developers must enter to qualify for bond proceeds and for Special assessment waiver of fights application for projects that preserve limitation federally subsidized housing. Beginning Chapter 207 (HFI310*/SFI205) limits the in 20022, allocations from the housing effectiveness of §429 waivers to the amount pool will occur weekly over a longer of the estimated assessment amount or period than at present. Allocations will amount agreed to in a development take place between January and July agreement. Waivers may also contain 15th. Section 27 establishes an order of clauses that preclude appeal if the costs are priorities for allocating residential rental the result of the developer's request or are bond allocation and providing that prior otherwise approved in a subsequent separate . to May 15, no allocations will be made written document. Effective August 1, 2001 to senior citizen housing projects. Until and applies to contracts entered into on or after July 15, total housing pool after that date. allocations for single-family housing may not exceed 31 percent. Beginning Development fees in 2002, $10 million of available small Chapter 207 (HF131 0*/SFI205) requires that issue bonds in the small issue pool will fees imposed under §462 must be fair, be reserved for student loans until the reasonable and proportionate to the actual end of July. Section 32 provides for cost of the service for which the fee is MHF A allocation of mortgage revenue imposed. It requires municipalities to bond authority beginning the first established procedures to account for the use Monday in October (rather than in of the fee. Also, this section makes clear August as is currently authorized), along that disputed fees - specific fees to specific with a change in priorities for allocations applications - are eligible for judicial review to give residential rental projects, small under §462.361. It provides a process for issue manufacturing and agricultural fees to be escrowed and for approved projects development projects priority in that to proceed while the dispute is being order. From the beginning of October resolved. Effective January 1, 2001. through the end of November, the order of priority changes to allow student loans to be first in priority, followed by mortgage revenue bonds, public facility . projects, residential rental projects, etc. 18 . PUBLIC SAFETY examination or the part-time peace officer licensirig examination, or Housing assistance for volunteer maintaining eligibility for licensure firefighters or ambulance personnel under Minnesota Rules, chapter 6700. Chapter 19 (HF172/SF9*) authorizes The authority to suspend or revoke a cities to acquire or lease housing or license shall include all individuals who provide housing assistance to help have been granted a license when a volunteer firefighters or ambulance disqualifying conviction that would have personnel find housing in the city in precluded eligibility for licensure is order to attract and retain qualified discovered after licensure.. It removes personnel to make sure the city can the requirement that the peace officer deliver timely public safety services. standards and training board report to the Provisions were effective April 12. legislature on the activities of the minority recruiter. Finally, it repeals § Deadly force not constituted by use of 412.101, the law empowering city less than lethal munitions council member to act as peace officers Chapter 127 (HF 783*/SF1244) provides to suppress riotous or disorderly that peace officers' use ofless than conduct. Effective August 1,2001. lethal munitions does not constitute Restraint use by licensed peace deadly force when the firearm is used officers within the scope of official duties. Chapter 26 (HF 245/SF 225*) modifies Effective May 19,2001. . the prohibition on the use of restraints in Peace officer license revocation & city a treatment facility. Licensed peace council members as peace officers officers that have custody of the patient are added to the list of those who may Chapter 135 (HF570/SF1043*) deem it necessary to use a restraint as a prescribes the grounds for license safety measure. revocation, suspension, or denial to include (1) fraud or misrepresentation in Ambulance service variances for obtaining a license; (2) failure to meet staffing requirements licensure requirements; or (3) a violation Chapter 74 (HF 1748*/SF 2097) of the standards of conduct set forth in modifies MS 144E.101 by authorizing Minnesota Rules, chapter 6700. A the emergency medical services person whose license or renewal regulatory board to grant temporary privilege has been suspended or revoked variances from staffing requirements for . shall be ineligible to be issued any other basic life support ambulances operated license by the board during the pendency by an ambulance service that of the suspension or revocation. In demonstrates hardship. The board may addition, the board may suspend or authorize a basic life support ambulance revoke a peace officer or part-time peace to be staffed by one EMT and one first officer license when the licensee has responder. The variance applies for up been convicted of a crime recognized by to one year from the date of the the board as a crime that would variance's issuance; and upon disqualify the licensee from participating expiration, an ambulance service may . in a professional peace officer education apply for a new variance. This only course, taking the peace officer licensing applies to an ambulance service whose 19 primary service area is located outside TAXES - Pending Special Session . the seven metropolitan counties; and Legislative Action outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or ambulance based in a community with;a TRANSPORT A TION population of less than 1,000. Additionally, changes are made to MS Motor home length and width 144E.285 dealing with EMT-P modifications requirements. Previous law stated a Chapter 83 (HFl 085/SFl155*) amends training program applying to teach current traffic regulation law regarding EMT-P curriculum must be administered length and width limitations of single by an educational institution accredited vehicles. Previously existing law limits by the Commission of Accreditation of the total outside width of a vehicle to Allied Health Education Programs, or 102 inches. New law specifies that the have special board approval. New l02-inch limit will not include language is added stating the law does attachments that do not extend beyond not apply to an EMT-P training program the width of the vehicle's rearview when the program is operated by an mirror if the vehicle is self-propelled, or advanced life support ambulance service beyond the width of the rearview mirror licensed by the emergency medical on the towing vehicle if a trailer is being services regulatory board, and the towed. Existing law gives municipal ambulance service meets the following trucks bearing sewage sludge an . criteria: exemption from the law; that did not · Covers a rural primary service area change with the new law. The new law that does not contain a hospital additionally states motor homes may not within the primary service, or exceed 45 feet in length. contains a hospital within the primary service area that has been Metropolitan area special designated as a critical access transportation service hospital Chapter 112 (HF1596*/SF1599) deals · Has tax exempt status in accordance with providing special transportation with the Internal Revenue Code, service for the elderly, people with section 501 (c)(3) disabilities, and others with special · Recei ved approval before 1991 from transportation needs, as defined by MS the commissioner of health to section 473.386. The definition of operate an EMT-P training program "small vehicle passenger service" is · Operates the EMT-P training broadened to include those vehicles program exclusively to train carrying up to 15 persons, including the paramedics for the local ambulance driver. This chapter adds that the servIce vehicle must be equipped with a · Limits enrollment in the EMT-P wheelchair lift and at least three training program to five candidates wheelchair securement positions. This per biennium. chapter also allows the Met Council to transfer to a special transportation . services provider or a provider of taxi services the vehicle title that was 20 . formerly used to provide special Allowing Hokah to vacate a town road transportation service. If the title is Chapter 17 (HF 416/SF 400*) allows the going to a taxi service provider, that town board of Hokah by resolution to provider must be licensed by a city vacate a town road without a petition whose taxi licensing ordinance requires and without the authorization by the criminal background checks, annual electors of the town. This only applies driving record checks for drivers, and an where the vacation of the road is annual inspection of the vehicle. necessary because of extensive damages from a natural disaster. If any Redefining residential roadway landowner is left without access to a Chapter 119 (HF887/SF 910*) redefines public road as a result of the vacation, "residential roadway" to include that the landowner may petition the town street or portion of a street that is less board to establish a cartway for that than one-half mile in length and is particular parcel of land. The town classified as a local street by the road board would bear any costs of >--- authority having jurisdiction. Previous to construction, and payment of any this law change, the street could only be damages, to the owner or owners of the one-quarter mile long. land over which the cartway lies. Effective April 10, 2001. Roadway property takings Prohibiting gasoline sales below cost Chapter 139 (HF 2230/SF2142*) allows . for the judicial review of public purpose Chapter 129 (HF 1007/SF 970*) and necessity for taking property for prohibits gasoline sales below cost and county highways or town roads. provides enforcement authority. The Effective May 22, 2001. definition of "cost" is expanded in MS 325D.Ol, subd. 5, to include the average Municipal consent terminal price on the day, at the terminal Chapter 191 (HF 1973 * /SF21 06) from which the most recent supply of completely re-writes the State's gasoline delivered to the retail location municipal consent law under § 160, § 161 was acquired, plus all applicable state and §473. The law provides concise and federal excise taxes and fees, plus definitions of what information MnDOT the lesser of six percent or eight cents. must provide to cities prior to seeking A section of law defining "terminal" is consent, including a good faith cost added to M.S. 325D.01. "Terminal" estimate of the related municipal means a storage facility to which expenses. The law requires an earlier shipped by pipeline, barge, or rail, and MnDOT disclosure of details the project from which gasoline is subsequently in exchange for an earlier timing of transferred into motor vehicles for municipal final approval of the project. delivery to other locations. For purposes In situations of dispute, the law of this chapter, an oil refinery is also a establishes an appeals process that is terminal. Another section of law is binding for both cities and MnDOT. added to define "average terminal Effective May 25, 2001 and applies to price"; which means the arithmetic mean highway construction projects for which of all prices for an individual grade of . municipal approval is first sought after gasoline at a terminal as published by a that date. nationally recognized petroleum price - reporting service. Any offer to sell 21 gasoline by a retailer by way of posted such as restaurants, motels, and . price or indicated meter that is below gasoline service stations, that may cost, as defined in this section, is a apply to have a specific service violation of section 325D.04, except the information sign. Rural agricultural criminal penalties in section MS business includes, but is not limited 325D.071 do not apply. In addition to to: 1) a grain-handling facility; 2) a penalties for violations and the remedies business providing care and well provided for injured parties, the being to animals; and 3) the sale of commissioner of commerce may use feed or seed. their authority for the purpose of · Modifies MS 161.24 dealing with prevention other violations. A retailer, changes required by construction of who sells gasoline at the same or higher trunk highway and access to isolated legally posted price of a competitor in property by allowing the the same market area, on the same day, commissioner to construct a road is not in violation of this section. outside the limits of the trunk Offering the gasoline for a sale price highv,ray when the establishment of a below cost as part of a promotion at an trunk highway closes off any other individual location for no more than highway or street. There is new three calendar days in any calendar language here setting guidelines for quarter is not in violation. the commissioner in providing Seasonal weight restrictions for access to isolated property. · Adds a new section of law dealing . carrots with the taconite relief area and Chapter 156 (HF 256/SF 174*) modifies hiring area workers to MS 161.366. MS 169.825 dealing with gross weight · Modifies MS 161.442 regarding seasonal increases by adding carrots to the list containing potatoes and sugar reconveyance to former owner by beets. Language is also added adding the consent of the owner to specifying that the transfer of the the commissioner of transportation's product from a farm vehicle or small ability to transfer, sell, or convey real farm trailer to another vehicle is not property. considered to be the first unloading. The · Tightens the speed zoning in work new law also takes out the provision zone law, MS 169.14 by stating the specifying the movement of carrots, speed limit must not exceed 40 miles potatoes, and sugar beets must take place per hour. The commissioner or local within an area having a 75 mile radius authority shall post the limits of the from the field of harvest to the point of work zone. On divided highways, first unloading. the commissioner or local authority may establish a highway work zone Highway law changes speed limit that does not exceed 55 Chapter 213 (HF 1488/SF 1769*) miles per hour. modifies a number of transportation and · Seasonal weight restrictions are highway statutes, including: changed in MS 169.825 by replacing . Expands MS 160.292 with regards to the dates of January 1 to March 7, information signs for specific with language giving the . services by adding rural agricultural commissioner the power to set dates business to the list of other services, based on a freezing index model. 22 · · A language change in MS 174.02 Telecommunications and cable allows the commissioner on behalf facilities on ráilroad rights-of-way of the public to appear before the Chapter 122 (HF1817/SFI821 *), a bill surface transportation board, or any introduced by Senator Steve Murphy, other agency of government that would have applied state regulation over regulates transportation. the use of railroad rights-of-way by · MS 174.10 is amended to allow the utilities to telephone, telegraph, commissioner in any contested case telecommunications, cable and fiber that involves a motor carrier or optic providers and facilities lines that common carrier by rail as a party cross or parallel railroad property. shall give reasonable notice to The State Department of Commerce representatives of associations or would have regulated charges that other interested groups who have railroads impose for use of those rights- registered their names with the of-way. commissioner for that purpose. The commissioner shall also give Public works contracts reasonable notice to all parties and to Chapter 126 (HF2074/SF2031 *) would cities that the commissioner deems have prohibited the use of "no damages to be interested in the proceedings. for delays" clauses in government · Language in this law changes the entities' public works contracts. The words "transportation regulation Governor vetoed the bill on the grounds · board" to "commissioner of that there is no evidence of widespread transportation". abuse of the clauses and that existing law provides for adequate legal redress. The Governor further established that VETOED prohibiting the clauses would place the public at a financial disadvantage when Recreational motor vehicle contracting with the private sector and prohibition in Edina that the prohibition would harm the Chapter 114 (HF1526/SF 1528*) would public's ability to contain costs for have become a special law allowing the public works projects. City of Edina to prohibit a homeowner from using recreational motor vehicles LINE-ITEM VETOES - Pending on their own property. Governor Ventura vetoed the bill on the grounds Special Session Legislative Action the existing nuisance law is sufficient to address the problem. He was also concerned about enacting a law to give DID NOT BECOME LAW one community the authority to restrict a homeowner's property rights without (DEAD for now only; these issues are knowing if this is problematic for other ripe for resuscitation in 2002) communities. Premises permit renewal authority A provision was deleted from what · became the. omnibus gambling bill that would have removed the authority of cities to approve premises permit 23 renewals for local lawful gambling by the author during a hearing in the . organizations. Senate Jobs, Housing and Community Development Committee. Wine in grocery stores The Wine in Grocery Stores bill was Internet publication" withdrawn by House author, Legislation was introduced in both Representative Barb Sykora (R- houses that would have allowed political Excelsior), after presenting the bill to the subdivisions within Hennepin and House Commerce Committee on March Ramsey Counties the option of placing 29 apparently due the bill's falling a fe\v their official publications on a qualifying votes short of the number necessary for website rather than in a qualified approval. newspaper. The bill passed out of the House Local Government & Massage therapists state registration Metropolitan Affairs Committee and The massage therapists state registration referred to the floor but never received a legislation, H.F. 401, introduced by hearing in the Senate. Representative Jim Abeler (R- Anoka),IS.F. 616, introduced by Senator TIF elimination Becky Lourey (DFL-Kerrick), was A bill, introduced by Senator John Marty introduced in both the House and Senate (DFL-Roseville), that would have once again this year and referred to the prohibited the creation of new and the Health Committees but did not receive a modification of existing tax increment . hearing in either body. financing districts as well as repealing the abatement law was heard in the Five-year prohibition on sale of Senate Property Tax Budget Division property acquired by eminent domain but was not included in the Senate SF 1000, introduced by Senator Dan omnibus tax bill. Companion legislation Stevens (R-Mora)/ HF 2135, introduced was not introduced in the House. by Representative Bruce Anderson (R- Buffalo Township), the bill that would Tax free zones prohibit the sale of property acquired by Legislation was introduced in both eminent domain for a five-year period houses but not included in either version was heard in the Senate Judiciary of the omnibus tax bill that would have Committee and the House Local directed the commissioner of trade and Government and Metropolitan Affairs economic development to designated tax Committee and withdrawn by the free zones which would have granted a authors for further examination and variety of property, income, and sales discussion over the interim. tax exemptions to residents and business owners and operators. Business subsidies requirements SF 1084, introduced by Senator Myron Exempting buildings under 550,000 Orfield (DFL-Minneapolis), would from having to use an architect impose additional requirements on Chapter 172 (HF 1153*/SF 1529) would grantors of business subsidies including have exempted local government . an administrative review process. The buildings under $50,000 from the bill was withdrawn from consideration requirement of having to use an architect 24 . for the planning, designing, or ~ supervising any building construction. The law would have applied to buildings of a non-institutional or non-assembly nature owned by a county, city, town, or school district as long as the building plans and structure met all the requirements of the Minnesota State Building Code and Fire Code. The language also required a study by the board of architects, engineers, surveyors, landscape architects, geoscientists, and interior designers, in conjunction with various local government organizations, including the League of Minnesota Cities and Association of Small Cities. The study would have been an analysis of buildings and structures constructed by local governmental units involving projects up to $150,000 to identify which buildings could be constructed . without the use of a licensed architect or engineer. The legislation also called upon the board of architects, etc. to develop and implement a program to educate local units of government on the requirements for using architects and engineers with respect to the construction of public buildings and structures. . 25 What's New with the IGR @ the LMC? · . .:\ out redesigned Web sit ",,\-S\ e: As you know, the League has an all-new, interactive website featuring: · Legislative news through the Bill Tracker and Legislative Listserv · Key contact information for all 855 Minnesota cities and LMC member townships and special districts available in the City Directory · Subscribe on-line to League publications-and services, and the Legislative Listserv · Contact LMC and LMCIT staff via e-mail Your LMC Legislative Staff Contacts: Gary Carlson, Director of Intergovernmental Relations 651.281.1255 gcarlson@lmnc.org Aid to cities, electric utility restructuring, general revenue sources for cities, pensions, · personnel, property tax systems, tax increment financing. Remi Stone, Senior Intergovernmental Relations Representative 651.281.1256 rstone@lmnc.org Civil liability, construction codes, environment, general government, public finance, insurance, labor relations, personnel, land use/annexation. Anne Finn, Intergovernmental Relations Representative 651.281.1263 afinn@lmnc.org Housing, land use/annexation, public safety, transportation, and transit. Ann Higgins, Intergovernmental Relations Representative 651.281.1257 ahiggins@lmnc.org Elections and ethics, emergency management, housing, information policy, telecommunications. Andrea Stearns, Intergovernmental Relations Representative 651.281.1258 stearns@lmnc.org Business subsidies, civil liability and criminal justice, economic development and redevelopment, general government, local/tribal relations, tax increment financing. Jennifer O'Rourke, Intergovernmental Relations Liaison 651.281.1261 jorourke@lmnc.org Legislative listserv and billtracker manager, general government, personnel, transportation and transit. Lynn Peterson, Intergovernmental Relations Assistant 651.281.1254 Ipeterson@lmnc.org · Mary Diedrich, Intergovernmental Relations Secretary 651.281.1259 diedrich@lmnc.org Visit our site often for all the latest news! League of Minnesota Cities 145 University Avenue West Saint Paul, MN 55103-2044 651.281.1200 www.lmnc.org !:(('\ UNITED STATES DEPARTMENT OF COMMERCE Economics and Statistics Administration 0-17(L) \}!J~) U.S. Census Bureau (5-2001) Washington, DC 20233-0001 · OFFICE OF THE DIRECTOR '4JÐ~ SEQOO1-02185 St. Joseph city Ken Hiemenz Mayor Po Box 668 . St Joseph MN 56374-4518 I am pleased to enclose Census 2000 data for your jurisdiction in the Profile of General Demographic Characteristics: Census 2000. These are the official Census 2000 population and housing counts as of April 1, 2000, for your jurisdiction (within the boundaries in effect on January 1, 2000). This product also provides information on population, families, households, and housing units. Portions of these and any additional Demographic Profiles, as well as subsequent Census 2000 products, are available on the Internet. A Profile of General Demographic Characteristics: Census 2000 is available for all states, counties, functioning minor civil divisions, places, American Indian and Alaska Native areas, the Hawaiian home lands, and municipios in Puerto Rico. These · can be found at the American FactFinder Web site: <http://factfinder.census.gov/>. The U.S. Census Bureau will begin the release of more detailed information from Census 2000 early this summer. This set of tabulations for each state, which we call Summary File 1 or SF 1, will include total population counts for 63 races and the Hispanic or Latino population down to the census tract and block level; total population counts for selected American Indian and Alaska Native tribes and for many detailed race and Hispanic or Latino categories to the census tract level; and population and housing characteristics, such as age, sex, race, Hispanic or Latino origin, household relationship, group quarters population, household type, housing occupancy, and housing tenure. The American FactFinder Web site will provide these general demographic data for census tracts in your community during the release of SF 1. Reports, files, and other tabulations from Census 2000 also will be available through various state agencies or universities participating in our State Data Center program, or through the many public and academic libraries, Census Information Centers, and other organizations that work with the Census Bureau to disseminate information. For a list of these organizations and how to obtain Census Bureau data from them, please visit the following Web site: <http://www.census.gov/mso/www/npr/custinfo.htmb. If you have questions, please feel free to telephone us on (301) 457-4100. Sincerely, ~èG~-~.ß...- " William G. Barron, Jr. · Acting Director Enclosure USCENSUSBUREAU H.l,,'nl/ Yo" Nøk. In(o,,,,.4 D.d.'on. 111111111111111111111111111111111111111111111111111 ~llllllllllllm I1111I111 www.census.gov Table DP-l. Profile of General Demographic Characteristics: 2000 . Geographic Area: St. Joseph city, Minnesota [For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number ¡ Percent Subject I Number Percent I Total population. . . . . . .. . . . , . . ., . . . . . , " . . 4,681 100,0 HISPANIC OR LATINO AND RACE Total population... .. . ,. .. , ., . ,. .. . " . ,... 4,681 100.0 SEX AND AGE Hispanic or Latino (of any race). . , , . . . . , , . , . . . . 57 1.2 Male""..", ,.......,................,...,. 1.483 31.7 Mexican. . . , . . . . . . . . . . , , . , . . , , . . . . . . . . , . . . . 31 0.7 Female, , , , . , . . . . , , . . , . . , . , , . , . . , , . , . , . . . . , . . 3,198 68.3 Puerto Rican. . . . , , , , , . . , , . . , . . . . . , . . . . , . , . . 2 - Under 5 years ."..,...".....'........',.,., 223 4.8 Cuban. . , . . . , . . . . . , , . , . , . . . . . . . , , , , . , . . , . . 2 5 to 9 years " , . . . , . . , , . . . , . . , . . . . . . . . . , . . . , . 194 4.1 Other Hispanic or Latino . . , . . , , . , , , , . . , . . . . , 22 0.5 10 to 14 years . . . . . . . . . . , , , . , . , , . , , . . , , . . . , . . 235 5.0 Not Hispanic or Latino. . . . . . , . . , , . . . . . . , . . . . , , 4,624 98.8 15 to 19 years , , . , . , . . , , , . . . . . , . . . , . . . . . , . . , . 843 18,0 White alone... . .. ., , .. . .' ,. . .. . .. " . " . .. .. 4.491 95.9 20 to 24 years . . . . . . , . , . , . . , , , . . . . . . . . . , . , . . , 1,368 29.2 RELATIONSHIP 25 to 34 years . , , , , , . . . . , , , , . , . , , , , , . . . . . , . . . 472 10.1 Total population.. .... .. ... .. , .. ... " . ..,. 4,681 100.0 35 to 44 years , , . . . , , . , , , . . . . . , . . . . . , . . , . . , . , 457 9.8 In households. , , . . . .. . . . . , . , . , , . . . . , . . . . , .. . . 3,069 65,6 45 to 54 years . , . . , . . , . . . . , . , . . . . . . . . . , . . , , , , 286 6.1 Householder, , . . . . . . , , , . , . , . . . . . . , . , , . . . , . . 1,120 23.9 55 to 59 years , . , , . . . . . , , , , . , . . , . , , , . , , . , , , . . 101 2.2 Spouse ..,...... , . . . . . . . . , . . . , . . , . . , . . . . , . 540 11.5 60 to 64 years , . , . . , . . . , . , . , . . , . . . , . , . . , , , . , , 101 2.2 Child.."...".,..,....",..,.,.......",. , 877 18.7 65 to 74 years. . . . . . . , , . . . , , , . . . . . . , . . . , . . . , , 204 4.4 Own child under 18 years, . . . . . , . . . . , , . . . 754 16.1 75 to 84 years . . . . , . . , . . . , , . , , . . . . , , , , , . , . , , . 142 3.0 Other relatives. . . , . . . . . . . , . . . . , , , . . . , . . . . , . 50 1.1 85 years and over, , , , . . . , . . . . , , . . . . . . . . , . . .. , 55 1.2 Under 18 years. . . . . . . , , . , , . . . . . . . , . . . , . 15 0.3 Median age (years), , , , . , . . , , , , , . , , , , . , , . . . , . . 21,8 (X) Nonrelatives , . . . . . , , , . , , , . , , . . . . . . . . , . , , , . . 482 10,3 Unmarried partner. , . , , . , , . . . , , , , , . . . . . . . 51 1,1 18 years and over. . . . . , . . . . . . . , . . . . . . . . , . , . . , 3,897 83,3 I n group quarters, , , . . . . . . . , , . . . . , . . . . . . . , . . . , 1,612 34.4 Male..,.,.,..."..,.....,.,... '...".. ,.,. 1,096 23.4 Institutionalized population, , . , , , . . . . , . . , , , . , . 22 0.5 Female. . . . . , , , , , . , . . , , . . , . . , , , , . , . . . . . , , . . 2,801 59.8 Noninstitutionalized population. . . . . , , , . . . , . . . 1,590 34.0 21 years and over. . . . . , , , . . . . . . . . . . . . . . , . . . . , 2,720 58.1 62 years and over. , . , , , . . . . , , . . , . , . . . . , . . . . , . 456 9.7 HOUSEHOLD BY TYPE 65 years and over. , . . , . , . , , . , . , , , , , . . , . . , . , . . 401 8.6 Total households. . . . . . . . . . . . . . . . . . . . . . . , . 1,120 100.. Male,.""" ,......'" ,....' ,..,....".... 109 2.3 Family households (families). . , . '. . , . , , , , , . ... . 712 63. Female, , . , . . . , , , . . , , . . . , , . , . . . , . . . , . . . . . , . 292 6.2 With own children under 18 years. . . . , . . . , . 398 35.5 Married-couple family, , . , . . . , . , . . . . . . . . . . . , . 540 48.2 RACE With own children under 18 years, , , . . . , . . . 272 24.3 One race, , . , , , . . , . . . . , . . . . . . . . . . . . . . . , , . , , , , 4,650 99.3 Female householder, no husband present. . . , . 122 10,9 White .,.....,. ,.. ,....,'. ".., ....', ....,. 4,526 96.7 With own children under 18 years. .. ., , ,. . . 98 8.8 Black or African American. , , , . , , , . , . . . , , . , . . 47 1,0 Nonfamily households . . . . . , . . , . , . , . . . . . . , . . . , 408 36.4 American Indian and Alaska Native. , , . . . . , . . . 10 0.2 Householder living alone, , . . , . . . . , . , , . . . . . . . 236 21,3 Asian , . . . . . . , , , . , , , . , . , , , . , . . , . . . . . , . . . , . . 48 1.0 Householder 65 years and over, . . , . , , , . . . . 68 6,1 Asian Indian. . , , , . . . , . , , , , , . . , , , , , . . , . , . . 7 0.1 Chinese, . . . . , . . . , , . . . . . . . . . . . . , , . . , , , . . , 7 0.1 Households with individuals under 18 years. . . . . 412 36,8 Filipino.,..",.",...,.,.,........,...., , 5 0,1 Households with individuals 65 years and over , . 171 15.3 Japanese. , , . . , . , . , , . , . , , . , . , , , . , . . . . , , , . 7 0,1 Average household size. . . , . . . . , , . . . . . . . , . . . . . 2,74 (X) Korean, . , . . . , . . . , , . , . . . , . , , . . . , , . . . , , . . . 8 0,2 Average family size. . , . , . , . , . . , . . . . , , . , . . . . . . . 3.06 (X) Vietnamese. , , . . . , . . . . . , . . . , . , , . . . , , . . . . . 6 0.1 Other Asian 1 ., , , . . . , , . . , , , . , . , , . . . . . , . . . 6 0,1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander, .. , 3 0.1 Total housing units... .. . . . " . .. ...... .... 1,147 100.0 Native Hawaiian. , , , .. . . , .. . ,. . .. .. . , . . .. , 3 0.1 Occupied housing units, . , . , . . . . . . . , , . . . . . . . , , 1,120 97.6 Guamanian or Chamorro , , . . . . , . . . , , . . . , . . - : Vacant housing units. . . . , , . . . , . . . . , , . , , , , . . , . . 27 2.4 Samoan. . . , . . , , , . , . , . , . , , , , , . . . . . . . , , , , . - For seasonal, recreational. or Other Pacific Islander 2 " . , , , . . . , . . . , , . . . . - - occasional use. . . , , . . , . , , , , . , . . . , , . . . . . . , , 3 0.3 Some other race , , , , , , . , . , , , . . . , , . . , . . . . . . . 18 0.4 Two or more races , , , . . , , . , , , , , , , . . . . , . . . , , , . 31 0,7 Homeowner vacancy rate (percent), , . . , . , , . , , . . 0.6 (X) Rental vacancy rate (percent),..,.........",., 3,8 (X) Race alone or in combination with one or more other races: 3 HOUSING TENURE White....".",..,.."" ,.."..",. ,..."... 4,554 97,3 Occupied housing units. . . . . . .. . , . . . . .. . . 1,120 100.0 Black or African American. . . . . . . . . . . . . . . , . . . , , 55 1,2 Owner-occupied housing units. , , , . . . . . . , . , , , , , 819 73.1 American Indian and Alaska Native. , , . . , . . . . . , , 18 0.4 Renter-occupied housing units. , . . . . , , , , . . , .. . . 301 26.9 Asian....".",...,..",.,.....",."...." . 61 1.3 Native Hawaiian and Other Pacific Islander, . . . . . 5 0,1 Average household size of owner-occupied units. 2.69 (X) Some other race. , , . , , , . . , . , . . . , . . . . . . . . . , . . , 20 0.4 Average household size of renter-occupied units, 2.87 (X) - Represents zero or rounds to zero. (X) Not applicable. . ' Other Asian alone, or two or more Asian categories, 2 Other Pacific Islander alone, or two or more Native Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race, Source: U,S. Census Bureau, Census 2000, 1II111I1I11 ~IIIIIIII ~III ~111111111111I111111111~llllllmlllll Inl U.s. Census Buruu COUNTY REVENUE.........·.·..·.······················································ 14.798 OUNTY ROAD & BRIDGE..........······················································ 5.214 UNTY WELFARE..·......····························································· 14.241 COUNTY BUILDING........····························································· 0.354 COUNTY PARKS...........······.······················································ 0.756 COUNTY DEBT SERVICE.....····..······················································ 5.290 REGIONAL LIBRARy···.·.······························································ 1.764 TOTAL..................······.····················································· . 42.417 ::ttt:r=tttirrrrrrr=t=r=r::'tt:::r:tttnr=::::::tt:'ttttt:rr=ttt:r:tt::::=r::~@f~ttìJMit~ß.ttirr=tt:::r=::tttttt:t:=::::::ttttt:tt:rrrr:::::tt:==:ttt:rrltt=::rr:t:r=:=::t:r:::trtt:ttt:=:t'tt:r:t:::tJ CITY OF ALBANY +41.613 CITY OF LAKE HENRY II 55.686 CITY OF ST CLOUD II 37.239 CITY OF AVON 61.791 CITY OF MEIRE GROVE II 29.142 CITY OF ST. JOSEPH II 46·718 CITY OF BELGRADE 69.527 CITY OF MELROSE II 29.625 CITY OF ST MARTIN II 37.762 CITY OF BROOTEN ^59.102 CITY OF NEW MUNICH II 15.169 CITY OF ST ROSA II 9.586 CITY OF COLD SPRING 1143.848 CITY OF PAYNESVILLE ^ 46.650 CITY OF ST STEPHEN II 29.136 CITY OF EDEN VALLEY 1144.789 CITY OF PLEASANT LAKE II 23.984 CITY OF SARTELL II 22.494 CITY OF ELROSA ^1I29.702 CITY OF RICHMOND II 38.340 CITY OF SAUK CENTRE II 54.759 CITY OF FREEPORT 1156.284 CITY OF ROCKVILLE II 40.001 CITY OF SPRING HILL II 40.531 CITY OF GREENWALD 1117.153 CITY OF ROSCOE II 34.500 CITY OF WAITE PARK II 39.171 CITY OF HOLDINGFORD +77.263 C~TY OF ST ANTHONY II + 19.743 CITY OF KIMBALL *82.019 CITY OF ST AUGUSTA II 19.110 ::::=t:=tnr=:r=t:::==:::::t:==="':t:rr=:=:r:':::t'=tttttIØ:====ttt==tlr=t:::rr:t::t::=::=~mtffJ.:ø.W-N.$aJ!f~t~$.t::=:':tttttt=r:=:====':ttt'r::':'tt::t:=:rf:=:::::='r:::::tt::t::,::::,::tt'::r::,:rr't':::::ttt::::::::tttttttrtt'rrr,:r:'::=t:'tt: TOWN OF ALBANY II + 35.778 TOWN OF KRAIN II + 26.943 TOWN OF RAYMOND ^ II 15.665 TOWN OF ASHLEY II 11.259 TOWN OF LAKE GEORGE ^ II 8.311 TOWN OF ROCKVILLE II 26.113 TOWN OF AVON + 13.070 TOWN OF LAKE HENRY ^ II 22.291 TOWN OF ST AUGUSTA TOWN OF BROCKWAY 21.710 TOWN OF LESAUK II 12.286 TOWN OF ST JOSEPH II 15.406 TOWN OF COLLEGEVILLE II 14.262 TOWN OF LUXEMBURG * II 38.334 TOWN OF ST MARTIN II + 28.341 TOWN OF CROW LAKE ^ 13.024 TOWN OF LYNDEN * 16.562 TOWN OF ST WENDEL II 10.296 TOWN OF CROW RIVER ^ 28.632 TOWN OF MAINE PRAIRIE * II 27.658 TOWN OF SAUK CENTRE II 10.173 TOWN OF EDEN LAKE ^ II 21.557 TOWN OF MELROSE II 14.599 TOWN OF SPRING HILL ^ II 15.942 TOWN OF FAIR HAVEN * 38.396 TOWN OF MILLWOOD II 17.604 TOWN OF WAKEFIELD II 15.868 TOWN OF FARMING II + 35.712 TOWN OF MUNSON II 19.493 TOWN OF ZION ^ II 49.067 OWN OF GETTY ^ II 13.020 TOWN OF NORTH FORK ^ 27.711 WN OF GROVE II 10.423 TOWN OF OAK II + 26.890 OWN OF HOLDING + 30.184 TOWN OF PAYNESVILLE ^ II 19.344 ::::::::===:=:::=::':::::::=:":::::=:'::t?:=:::=::::::::::::::t:=t:::::':::::::::::::::::::::::::::=t:=::t:::::::::'::==:2ooMŠijao.ötibíSìRi¢.T=AAæ::::::::=ttt::::=:::::::t:::::=:=ttt=t:::t:t?:'ttt:=::t:::::::::::=:=ttt::::=::==?:::::::::::::::::::::::::::::::i:::::::::::==:::===,':::=:::::tt:=:::::::::::=::::t:=!tt:=:::::',':::::::::===='tt:=t:: INDEPENDENT SCHOOL DISTRICTS INDEPENDENT SCHOOL DISTRICTS JOINT SCHOOL DISTRICTS 2364 72.232 743 54.763 463 60.701 738 52.399 745 56.701 485 73.554 739 64.323 748 61.420 487 38.727 740 53.766 750 50.930 2149 54.367 741 58.710 2753 66.472 742 47.565 876 51.965 Note: Add County and City or Township tax capacity rate to the School District tax capacity rate in which the property is located. *Multiply this total by the tax capacity to obtain the amount of general tax. If there are special assessments, these must be added to your general taxes, and the amount will correspond with the County Treasurer's tax list. Add tax capacity rate of .653 to City of St Cloud and tax capacity rate of .497 to all other Cities and Townships for HRA. Add tax capacity rate of 2.936 to cities of St Cloud and Waite Park for Transit. Add tax capacity rate of 4.508 to the City of Brooten for Hospital. Add tax capacity rate of 3.994 for area in Clearwater Fire District-Lynden Township. Add tax capacity rate of 1.988 for Annandale Fire District-Lynden Township. * Any difference could be due to disparity reduction aid. LEGEND: * Add tax capacity rate of 2.078 for area in Clearwater River Watershed District. ^ Add tax capacity rate of 3.824 for area in Northfork-Crow River Watershed District. II Add tax capacity rate of 0.365 for area in Sauk River Watershed District. + Add tax capacity rate of 1.874 for area in South Two River Watershed District. . . Coalition of Greater Minnesota Cities 2001 Annexation Update Presented by ChristopherM. Hood Flaherty & Hood, P.A. . 444 Cedar Street, Suite 1200 St. Paul, Minnesota 55101 (651) 225-8840 (phone) (651) 225-9088 (fax) em hood@flaherty-hood.eom . June 21,2001 . Coalition of Greater Minnesota Cities 2001 Annexation Update 2001 . Legislative and Case Law Update Annexation . ., . . .,~~ Coalition of Greater Minnesota Cities . 2001 Annexation Update 2001 Legislative Session 2001 CGMC Objectives: Give the new annexation process a chance to \vork before making changes to annexation law and don't change annexation law in 2001 unless the CGMC, counties, and to\vl1ships all agree to the changes. 2001 Legislative Outcome: No process changes were made to annexation law in 2001. 2000 Annexation Law Changes: · Clarified that the use of alternative dispute resolution in contested case proceedings may include; 1) A contested case before an administrative law judge (AL1); 2) Mediation and arbitration under Chapter 572A, if mutually agreed to by the parties; or 3) l\nother mediation/arbitration process ordered by the director of Minnesota Planning. . · Clarified that the director of Minnesota Planning may delegate all authority to hear and issue a tìnal order in a contested annexation case to the Office of Administrative Hearings to be heard by an ALJ; · Clarified that costs for a contested case must be paid by the parties to the proceeding; and · Requires Minnesota Planning, by February 1, 2002. to repon to the Legislature regarding the successes and failures of the new boundary adjustment process. . Prepared by Flaherty & Hood, P..-\. . H.\ Cedar Street. Suite 1200, Sa;nt Paul.:>'G'< 55101. 651-::25-38.\0 ·.,. Coalition of Greater Minnesota Cities :-;'$;" e 2001 Annexation Update 2001 Legislative Session: Bills Relating to Annexation and Land Use 1. H.F. 85 (Jennings) / S.F. 131 (Ring): Exempts City of Chis ago from reimbursement limits paid to Wyoming Township for annexed property. 2. H.F. 352 (Kuisle) / S.F. 392 (ScheeveI): Requires that sewer and water service must be provided to substantially all annexed property 'vvithin two years or the property reverts back to the township. 3. H.F. 399 (Kuisle) I S;F. 393 (Scheevel): Requires annexed property to be taxed at township property tax rates until substantially all the annexed property has received sewer and water service. 4. H.F. 436 (Bishop): Provides alternative streamlined municipal annexation by ordinance procedures. 5. H.F. 437 (Bishop): Requires townships to hold a referenda on continued existence every four years. 6. H.F. 869 (Howes) I S.F. 962 (Lourey): Requires an annexation election on the question of annexation in the anne~ed area only upon submission of a petition of 3 5% of the property owners, or 100 property owners, whichever is less. 7. H.F. 971 (Bishop): Allows counties to designate urban services areas around cities, and provides that county zoning laws preempt town zoning. Prohibits incentives for businesses to relocate from cities to townships es. unless the affected city adopts a resolution approving the relocation. H.F. 1076 (Kuisle) / S.F. 1296 (Pariseau): Limits annexation of urban towns to two procedures: I) by joint agreement, or 2) by concurrent detachment/annexation of land between cities. 9. H.F. 1189 (Vandeveer) / S.F. 1376 (Bachman): Provides that, where a city annexes an entire township, the city must hold new city council elections. 10. H.F. 1239 (Vandeveer): Provides for a special election in the city of Forest Lake after the annexation of the township on the question of whether to expand the city council to seven members. II. H.F. 1297 (Dempsey) I S.F. 1471 (Vickerman): Revisor's bill making technical changes reflecting the transfer of authority from the Municipal Board to the Office of Strategic and Long-Range Planning. 12. H.F. 1320 (Lindner) I S.F. 1225 (Limmer): Permits Hassan Township to form its own economic development authority. 13. H.F. 1620 (Howes) I S.F. 2210 (Tomassoni): Provides an orderly annexation agreement is binding upon all parties to it, enforceable in district court, and its terms cannot be preempted by other annexation statutes. 14. H.F. 1888 (Ozment) I S.F. 2209 (Scheevel): Places a moratorium on all contested-case annexations and annexations by ordinance initiated on or after March 15, 200 I. IS. H.F. 2144 (Holsten) I S.F. 2074 (Bachman): Limits the annexation of urban towns to two procedures: I) by joint agreement, or 2) by concurrent detachment/annexation of land between cities. 16. H.F. 2167 (McElroy) / S.F. 2003 (Vickerman): Provides standards for primary and secondary planned urban . areas. 17. H.F. 2482 (Olson) I S.F. 1342 (Bachman): Requires an annexation election in the annexed area and supermajority (75%) vote for all contested annexation cases. Prepared by FIaheny & Hood, P.A. . 4·U Cedar Street. Suite 1100. Saint Paul. 1\-1N 55101. 651~115-8840 .. Coalition of Greater Minnesota Cities 2001 Annexation Update . Annexation Cases Decided in 2000/2001 ALJ has authority to hear and decide annexation cases. McNamara v. Office of Strategic and Long-Range Planning (CO-00-1704), Minnesota Court of Appeals, May 22, 200 I. In 1999, School District No. 831 and 200 residents each petitioned for annexation of property in the Tovm of Forest Lake to the City of Forest Lake. Shortly thereafter, the To\vn Board petitioned to incorporate the Town into the City of Forest Shores. In March 2000. after a contested case hearing, an Administrative Law Judge (ALl) denied the Tovm's incorporation petition and ordered the entire Town annexed to the City. Several Town residents appealed the decision to district court and to the Court of Appeals contending that the ALJ did not have jurisdiction, the order was contrary to law, the annexation denied newly annexed residents' constitutional rights to participate in city council elections, and resulted in unconstitutional taxation of newly annexed residents. The Minnesota Court of Appeals affirmed the district court's order, holding that: 1. An i\LJ has the statutory authority to hear, and grant contested annexation petitions. 2. The presentation of an annexation plan is only one of several tàctors to be considered in ordering . an annexation - the lack of a plan does not necessarily prevent annexation. .., Evidence that it is in the best interests of the local community, the county, and the state to annex .J. a tow11ship is sufficient to support the denial of to\Y11ship incorporation and the ordering of annexation of a township to a municipal entity. 4. Township residents do not have a constitutional right to vote on an order for annexation. 5. Following annexation, an election must be held to protect the constitutional right to be governed by a representative body. 6. Where a general election was held \vithin a reasonable time after annexation and voters \vere able to write in the candidate of their choice, the constitutional right to elect a particular candidate and obtain a representative government has not been violated. 7. \Vhere taxes imposed by a city are proportional to increased services provided to an annexed area, the residents' constitutional right to due process has not been violated. Anne..yations by ordinance are appealable. Rockford Township v. City of Rockford (CO-99-177S), :'vIinnesota Court of Appeals. April 11. 2000. The City of Rockford. seeking to acquire land to benefit a business located within the City. accepted a . petition by OW11ers ofland in Rockford To\vnship for the annexation of 60 acres. \ìlhen the Tow11ship refused to agree to an orderly annexation. the City gave the required 30 days' notice of its intent to annex 2000/2001 Cases .Page2 by ordinance the 60 acres, as well as an additional 20 acres purchased from the same landowners. The Township issued no objections, so the City issued t\vo ordinances on March 30, 1999, annexing both parcels. The Township protested to the Minnesota Municipal Board. The Board approved both City ordinances, stating as to the first that the Board had "limited authority in approving annexations by ordinance" and that the Board had "misgivings as to whether legal and/or technical abutment had been achieved." In August 1999, the Township brought an action for declaratory judgment. The district court granted the City's motion to dismiss, which the Township appealed. The Minnesota Court of Appeals affirmed the order to dismiss, but held that Minnesota Statutes, Section 414.07, which specifies the grounds and methods of appeal for a decision of the Municipal Board or its successor, applies to annexations by ordinance. The Court noted that Section 414.07 does not set out the standards or procedure for the Municipal Board's approval of annexations by ordinance. The Court also noted that, "the board apparently has concluded that it does not have the authority to inquire, through hearings or otherwise, into the pr:opriety of an annexation ordinance. Because neither party challenges the board's interpretation of the approval requirement, we need not determine whether the board's conclusion is correct, but we invite the legislature's attention to the absence of standards." ~o right to a hearing for an annexation by ordinance. Gilbert v. i\1innesota Office of Strategic and . ong-Range Planning (C8-01-0378), District Court, Olmsted County, May 8, 200l. The City of Rochester sought to annex by ordinance an area of Rochester T o\Vl1ship, roughly 917 acres in size, landlocked within the Rochester city limits. The City scheduled a public hearing on the annexation for October 2,2000. The Township and appellants appeared at the hearing and spoke against the annexation. Following the hearing, the City Council adopted an ordinance annexing the area. The appellants objected to the Office of Strategic and Long-Range Planning, claiming that Planning was required to apply contested case hearing criteria in considering an annexation by ordinance and that evidence received at the City's hearing failed to document compliance with the relevant criteria found in the annexation statute. The Director of State Planning approved the annexation ordinance on December 27,2000 and a number of township residents appealed. The appellants claimed that the Planning Office's approval was based on an erroneous theory of lav,:; namely, that the Office should have granted a hearing on the issue of annexation and applied the 14 criteria outlined in Section 41,4.031, the contested-case annexation statute. The District Court disagreed and granted summary judgment in favor of the Planning Office and the City of Rochester. The District Court held that the Planning Office has no duty or authority to conduct an independent review of an annexation by ordinance, or to refuse to issue an order for annexation. The Office may only issue an order approving the annexation by ordinance once it has received this from the annexing city. The Planning Office may consider and receive more infonnation about the annexation, but it is not required to do so. . Prepared by Flaherty & Hood, P.A. . 444 Cedar Street. Suite 1100. Saint Paul MN 5510 I. 651-225-8840 ~' Coalition of Greater Minnesota Cities .. 2001 Annexation Update . Oppose Reinstating the Annexation Election Reinstating the annexation election requirement will: · Give township residents a veto power to stop appropriate annexations and make the statutory contested annexation hearing process meaningless. · End future dialogue on cooperative orderly annexation, planning and service agreements between cities and towns by giving towns complete bargaining strength. · Continue to unfairly tax city residents to pay for city services used by toW'll residents resulting from urban development in tovmships. · Undo the unprecedented compromise agreement between cities, towns and . counties that resulted in a new, fair boundary adjustment process. · Undo nine years of progress that has occurred since the election requirement was repealed by the Legislature. · Continue the costly pattern of environmental problems created by urban devèlopment on septics and wells and retroactive service delivery. · Abandon sound state policy that urban development occur in cities where services can be provided cost-effectively and rural development occur in tovmships where municipal services are not needed. . Prepared by Flaherty & Hood. P.A, . . . 4 Cedar Street. Suite 1200. Saint Paw. ",IN 5510\. 65\-225-&840 ,:i8 Coalition of Greater Minnesota Cities .-.~/>", . 2001 Annexation Update Local Government Structure In Minnesota Minnesota's Rank Among Other States in Most Population 21st Minnesota's Rank Among Other States in Most Number of Local Government Units 7th Minnesota's Rank Among Other States in Most Number of Townships 1 st Minnesota Local Government Units by Type: Counties 87 Cities 854 Townships 1,794 School Districts 360 . Special Districts 406 TOTAL 3,501 How Much Government is Too Much? Compared to other states with similar population, Minnesota has the highest number of governmental units. For example: State Population Counties Municipalities T ovvnships Other Total Alabama 4.4 million 67 446 0 618 1,131 Arizona 4.8 million 15 87 0 535 637 Colorado 4.1 million 62 269 0 1,535 1,869 Kentucky 4.0 million 119 434 0 813 1,366 Louisiana 4.4 million 60 302 0 105 467 Maryland 5.2 million 23 156 0 241 420 Missouri 5.5 million 114 944 324 2,034 3,416 Minnesota 4.8 million 87 854 1,794 766 3,501 S. Carolina 3.9 million 46 269 0 401 716 Tennessee 5.5 million 93 344 0 504 940 . Washington 5.8 million 39 275 0 1,498 1,812 Wisconsin 5.3 million 72 583 1.266 1,138 3,059 Source: U.S. Census Bureau, Statistical Abstract a/the United States: 2000, pages 23-24, 299. Prepared by Flaherty & Hood. PA. . 444 Cedar Street. Suite 1200. Saint Paul. MN 55101. 651-225-8840 '. Coalition of Greater Minnesota Cities 2001 Annexation Update . State and Township Governments Survey Source: u.s. Census Bureau, Statistical Abstract of the United States: 2000, page 299. States with Operating States with No or Inoperative Township Governments (20)1 Township Governments (30)è Connecticut 149 Alabama Illinois 1,433 Alaska Indiana 1,008 Arizona Kansas 1,370 Arkansas Maine 467 California Massachusetts 307 Colorado Michigan 1,242 Delaware NIinnesota 1,794 Florida Missouri 324 Georgia Nebraska 455 Ha\vaii New Hampshire 221 Idaho . New J ersev 243 Iowa .- New York 929 Kentucky North Dakota 1,341 Louisiana Ohio 1,310 Maryland Pennsylvania 1,546 Mississippi Rhode Island 31 Montana South Dakota 956 Nevada Vermont 237 Ne\v Mexico Wisconsin 1,266 North Carolina Oklahoma Oregon South Carolina Tennessee Texas Utah Virginia Washington West Virginia \y'yoming 1 In only seven states (Indiana.. \!assachusetts. \!ichigan. \[innesota.. ?\ew Jersey. Rhode Island. and South Dakota) do ail townships operate as actively functioning governmental units, \!ost ot the twenty listed states have more townships than shown . here. but one or more of those townships are inactive according to U.S. Census survey criteria. 2 Several of these states have townships. but in most cases they are subdivisions of counties with limited duties and so do not operate as actively functioning governmental units according to G.S. Census survey criteria. Prepared by Flaherty & Hood. P,A. . 444 Cedar Street. Suite 1200. Saint Paul. MN 55101 . 651-225-8840 . Coalition of Greater Minnesota Cities 2001 Annexation Update 2001 . Annexation Process . .~. Coalition of Greater Minnesota Cities 2001 Annexation Update · Basics of Annexation What is annexation? Annexation is the way in which land is brought into a city so that needed municipal services can be provided. This land may already be developed or may be expected to be developed as residential, commercial, industrial or governmental property. What is state annexation and land use policy? A discussion of annexation law should begin \\lith the policy statement contained in the annexation statutes found in Chapter 414, which provides as follows: "The Legislature finds that: (1) sound urban development and preservation of agricultural land and open spaces through land use planning is essential to the continued economic gro\-vth of this state; (2) municipal government most efficientlv provides governmental services in areas intensivelv developed for · residential. commercial. industrial and governmental purposes: and township government most efficientlv provides governmental senices in areas used or developed for agricultural, open space. and rural residential purposes: (3) the public interest requires that municipalities be formed when there exists or will likely exist the necessary resources to provide for their economical and efficient operation; ( 4) annexation to existing municipalities of unincorporated areas unable to supplv municipal services should be facilitated: and (5) the consolidation of municipalities should be encouraged. . . ." (M.S. § 414.01) [Emphasis added.] In short, state annexation and land use policy provides that: 1. Urban areas should be in cities: 2. Rural areas should be in to\\ll1ships: .., Areas needing municipal services should be annexed: and j, 4. Lesser government through the consolidation or merger of municipalities should be encouraged. This policy is sound, and is based on two principles: urban areas should be in cities \-vhere services and infrastructure already exist and vlhere such services can be extended cost-effectively and · efficiently. T o\-\-l1ships are best equipped to provide services to rural agricultural areas since they often do not have the staff or infrastructure to provide the level of services demanded by citizens in urbanizing areas \-vithoUl duplicating available city intÌastructure or services. . Annexation Basics Page 2 - - ...--~ What are the types of annexation available under the law? Currently, three fOnTIS of annexation are available under state law: 1. Automatic Annexation by Ordinance Automatic annexations may be accomplished without an expensive hearing by a city under specific and narrowly defined circumstances. Examples include: where a property owner petitions for annexation and his property is 60 acres or less, a city owns land, or a city completely surrounds a township area. Provided a city has met certain notice and public hearing requirements, it may enact an ordinance and annex the area automatically under each of these methods. The CGMC supports this type of annexation because it completes a simple boundary adjustment quickly, efficiently, and cost- effectively. 2. Negotiated/Orderly Annexation Negotiated annexation is the orderly annexation agreement process where a city and township negotiate an agreement containing tenus and conditions for immediate and/or future annexations, extension of municipal services, and future growth. With the repeal of the election requirement in 1992, cities and townships now have an incentive to work together to negotiate sound orderly annexation agreements that provide for . future community growth. ..., Contested-Case Hearing Annexation Contested-case hearing annexation is trial-type .J. annexation where a boundary adjustment is in dispute and cannot be settled. This makes it necessary for each party to present its case before a neutral decision-maker who, in turn, will apply the statutes to the evidence and render a binding decision for the parties. With the sunset of the Minnesota Municipal Board on June 1, 1999, a new process for contested-cases exists. This process requires mediation tirst followed by a hearing if the dispute cannot be settled. The process requires a hearing, the consideration of fact, evidence and testimony, and a decision based upon specific statutory criteria and standards. Some of the criteria governing contested-case annexations include the consideration of evidence related to the pattern of development, future gro\vth, environmental problems, service delivery and needs, fiscal impacts, and effect on adjacent school district and communities. Based on this criteria, annexation may be ordered if ( I) the area is urban or suburban or about to become so, (2) the proposed action is necessary to protect the public health, safety, and welfare, or (3) annexation is in the best interest of the property proposed for annexation. Why do cities annex land? To remain healthy, cities must be allowed to grow. Cities that expand their boundaries can organize for economic growlh, create jobs for the entire region and provide needed municipal services in a cost-effective and efficient manner. Cities that expand their boundaries also can clean up problems . caused by poor or no land-use planning and to improve future land use planning. Without annexation, cities are locked within existing boundaries, \vhich results in urban decay, while the suburbs and townships on their borders nourish by taking advantage of the services available from Annexation Basics · Page 3 the city. The long-tenn result is stagnation of the city and the continuation of sprawl at the expense of the entire region. Some of the benefits of annexation include the following: 1. Costs of urban services fairly distributed among all who benefit; 2. City organized for economic gro\Y1h; .., Good land use planning to preserve agricultural land and stop sprawl; .J. 4. City services provided more efficiently, cost-effectively and without duplication; and 5. Protection of the environment and natural resources. What are some typical examples of annexation? Residential Example · A homeo\Yner in the township wants to join the city in order to stop septic system leakage into the groundwater and avoid having to install a costly replacement system. The developers of a new subdivision want to connect to city se\.ver in order to prevent future pollution problems caused by urban development on individual septic systems. TOWNSHIP Homeowner New Subdivision ~ · . Annexation Basics Page 4 Industrial Example An industry wants to expand and needs city sewer, water, and fire services. Expansion space is only available in the township. EXisrg Industry Planned Expansion - .. TOWNSHIP What do property owners think of annexation? . Currently, businesses and homes that are developed on the fringes of cities benefit from many city services, but are not required to pay city taxes unless they are annexed. This places an unfair tax burden on city residents who must pay for the additional services demanded by urbanizing township areas. The question is one of tax fairness. Those that receive city services should pay for the full level of city services provided just as city residents do. Many property owners want to join cities so their homes or businesses can receive city services, including police and fire protection, and sewer and water services. Other property owners do not want to join cities and pay the increased tEL'œS needed to fund the increased services required from tov.mship urbanization. How do cities and townships differ in their views of annexation? In general, Greater Minnesota cities favor annexation and Greater Minnesota townships oppose it. Cities favor annexation because it promotes the economic vitality and environmental health of the entire community. Townships oppose annexation because it will result in a loss of tax base for the tovmship. Many township residents oppose annexation because they will be required to pay increased property taxes and assessments to fund the services they receive. What are the effects of years of bad annexation & land-use laws in Minnesota? Restrictive annexation and land-use laws have prevented cities from engaging in efficient, long- term regional land-use planning by making appropriate planning, orderly annexation, and service extensions difficult and divisive. As a result, many to\,\lTIships continue to develop as urban areas without proper planning and provision of municipal services. Such activities hinder regional . economic growth, encourage urban sprawl, foster the wasteful duplication of services, and result in environmental degradation, destruction of farm land and signifìcantly higher costs to retroactively provide municipal services when environmental problems inevitably occur. Prepared by Flaherty & Hood, P.A. . 444 Cedar SITeet. Suite 1200. Saint Paul. :-'!N 55!O 1 . 65 -225-8840 ·iII Coalition of Greater Minnesota Cities 2001 Annexation Update . Three forms of annexation 1. Automatic ---.. annexation by ordinance (414.033) ---.. ordered service extension (414.0335) 2. Negotiated ---..orderly annexation (414.0325) . 3. Contested ---.. unincorporated land-city/town (414.031) ---.. concurrent detachment-city/city (414.061) . Prepared by F1aherty & Hood. P.A. . .¡.¡.¡ Cedar Street. SuÜe 1200. Saint Paul :VIN 55\ 0 I . 651-225-3840 'i~: Coalition of Greater Minnesota Cities . 2001 Annexation Update Annexation by Ordinance 414.033 Upon proper notice and public hearing, if applicable, a city may declare an area abutting a city annexed by ordinance if: Automatic upon approval of Hearing required: Hearing required: ordinance: Land is 60% or more Land is platted, or, if . .' bordered by the city and unplatted, does not exceed 1. Land is owned by the city 40 acres orless and there 200 acres, a majority of the 2. Land is completely is a timely objection by property owners petition for surrounded by land within town board annexation, and there is a city limits timely objection by Wwn 'j. Land is 60 acres or less, unsewered, or sewer facilities are not available, and the city receives a petition from all landowners in area 4. Land is approved by a plat for subdivision into residential lots averaging 21,780 sq. ft. or less and rvfP shall set date for are. a is within two miles of hearing in accordance a cIty with 414.031 5. Land is 60% or more bordered by the city and 40 acres or less and there is no timely objection by town board See flow chart for 6. Land is platted, or, if 414.031, Annexation unplatted, does not exceed by MP Order 200 acres, a majority of property owners petition for annexation, and there is no timely objection by toW'll board. Prepared by Flaherty & Hood, PA . .j.j.j Cedar Street. Suite 1200, Saint Paul. r.fN 5510 I . 651-225-88-10 ~' Coalition of Greater Minnesota Cities ~ - ~~~-, ' - - 2001 Annexation Update · Annexation by Ordinance Process Section 414.033 1. law: Minnesota Statutes, Section 414.033 provides that unincorporated property abutting a municipality may be annexed by filing an ordinance so providing with Minnesota Planning's Municipal Boundary Adjustments Office. 2. Automatic Forms of Annexation by Ordinance: A municipality may, by ordinance, declare land annexed and the affected township has no right to object thereto under the following circumstances: a. The land is oWl1ed by the municipality; b. The land is completely surrounded by land \vithin the municipal limits; c. The land abuts the municipality, is 60 acres or less, the municipality receives a petition for annexation from all property O\vl1erS within the area to be annexed, and the area to be · annexed is not presently served by public sev.,;er facilities or public sewer facilities are not othenvise available; or d. After August 1. 1995, the land to be annexed has been approved by a preliminary plat or [mal plan for subdivision to provide residential lots that average 21.780 square feet or less in area and the land is located within two miles of municipal limits. ., Notice and Public Hearing Requirement: Except \-vhere land is municipally oWl1ed. in order to annex by .J. ordinance using the above automatic procedures, the municipality must meet the following notice and public hearing requirements prior to adoption of an ordinance: a. Notice At least 60 days before a petition is filed, the petitioner must notify the municipality that the petitioner intends to file a petition for annexation. b. Electric Service At least 30 days before a petition is tìled for annexation, the municipality must notify' the p~titioner that the cost of electric utility sen'ice to the petitioner may change if the land is annexed. The notice must include an estimate of the cost impact of any change in electric utility sen·ices. including rate changes and assessments. resulting £Tom the annexation. c. Public Hearing Before a municipality may adopt an ordinance. the municipality must hold a public hearing and give 30-days \\TÌtten notice by certÜìed mail to the tov.-11ships affected by the ordinance and to all landowners \vithin and contiguous to the area to be annexed. · 414.033 ee2 4. Procedure for Annexation by Ordinance: The following should be filed by the annexing municipality with Minnesota Planning when seeking to annex by ordinance using one of the above automatic annexation procedures: a. Filing of ordinance An annexation ordinance must be filed with w1innesota Planning, the township, the county auditor, and the Minnesota Secretary of State. b. Filing fee A filing fee of$5.00 per acre (min. fee of$100; ma.-x. fee of$600). c. Cover letter A cover letter addressed to the executive director ofw1Ïnnesota Planning's Municipal Boundary Adjustments Office. The cover letter should identify all documentation filed with Minnesota Planning. d. Ordinance The City's annexation ordinance. Contents of the ordinance will vary by type of procedure. In developing an ordinance, you should consult the statutes and your legal counsel. The following are basic provisions that should be included in most annexations by ordinance: 1. The ordinance should contain a heading similar to the follo\ving: ORDINA1'1CE NO. - . AN ORDINANCE OF THE CITY OF At'INEXING LAND LOCATED IN THE TO\VN OF , COUNTY, MINNESOTA, TO THE CITY OF , COUNTY, MINNESOTA, PURSUA1'1TTO MINN. STAT. § 414.033, SUBD. ~> PERMITTING ANNEXATION BY ORDINANCE 2. The ordinance should specify the reasons the city is petitioning for annexation, i.e., land is owned by city, land is surrounded, etc. ,.., The ordinance should contain a statement that the property to be annexed is .J. unincorporated and abuts corporate limits. 4. The ordinance should contain a statement that the property to be annexed is urban or suburban or about to become so and the reasons for this conclusion. 5. The ordinance should contain a complete and accurate legal description of the property to be annexed. . 6. The ordinance should state the number of acres to be annexed. 7. The ordinance should state the population of the area to be annexed. 8. Except for annexation of municipally owned land. the ordinance should specify that the city has held a public hearing on the matter and the date. and that the city has . provided 30 days \\TÍtten notice by certified mail to the to\\l1 and to alllando\vllers within and contiguous to the area to be annexed. 414.033 . Page 3 9. For annexation by ordinance under the 60-acre provision, the ordinance should specify whether the area to be annexed lies in a flood plain or shoreland area. 10. Except for annexation of municipally owned land, and unless otherwise agreed, the annexation ordinance should specify 1) if the annexation becomes effective on or before August 1 of a levy year, the municipality may levy on the annexed area beginning with that same levy year; or 2) if the annexation becomes effective after August 1 of a levy year, the town may continue to levy on the annexed area for that levy year, and the municipality may not levy on the annexed area until the following levy year. The annexation ordinance should also state that in the fIrst year following the year when the municipality can fIrst levy on the annexed area and thereafter, property taxes on the annexed land shall be paid to the municipality, but the municipality shall make a cash payment to the tOVvTI for the period and in accordance with the following schedule: 1. In the fIrst year following the year the municipality could fIrst levy on the annexed area, an amount equal to 90% of the property ta.xes distributed to the town in regard to the annexed area in the last year the property ta.xes from the annexed area were payable to the town; 11. In the second year, an amount equal to 70%; lll. In the third year, an amount equal to 50%; . IV. In the fourth year, an amount equal to 30%; and v. In the fIfth year, an amount equal to 10%. 11. The ordinance should contain a statement that annexation is fmal on the date the ordinance is approved by Minnesota Planning. e. Boundary maps The annexation ordinance must be fIled with a corporate boundary map showing the property proposed for annexation and its relationship to corporate boundaries. f. Plat maps Any plat maps for the area to be annexed must also be fIled with the ordinance. . Prepared by Flaherty & Hood. P.A, . -M4 Cedar Street. Suite 1200. Saint Paw. :-'!N 55101 . 651-225-8840 'rIfJ Coalition of Greater Minnesota Cities ';-;::2" · 2001 Annexation Update Ordered Service; Annexation by Ordinance 414.0335 After an MPCA hearing, MPCA orders cooperation by contract between city and town pursuant to §115.49 to abate a pollution problem. During 90-day period followng the MPCA order, city may resolve the matter taking either of the following actions: · Automatic annexation: Intergovernmental service contract: Adopt an ordinance to annex the area designated in the Negotiate, draft, and execute MPCA order and file the an intergovernmental service same with MP. extension contract between the city and town to provide service to the area designated in the MPCA order. MP may review and comment on the ordinance but shall order annexation within 30 days of receipt. · Prepared by Flaherty & Hood, P.A. . 444 Cedar Street, Suite 1200, Saint PauJ. MN 55101 . 651-225-8840 ~ Coalition of Greater Minnesota Cities :-.'P. -: 2001 Annexation Update . Cooperation by Contract Process Sections 115.49 and 414.0335 1. Step 1 - Section 115.49 Authoritv. MPCA has the authority to order cooperation by contract betvveen a city and tovmship for two mutually exclusive purposes: a. To provide for areawide waste management and treatment; OR b. To prevent, control or abate pollution. 2. Step 2 - Section 115.49, subd. 1 Hearing required. "If the agency determines after a hearing on the subject matter that cooperation bet\veen two or more municipalities is necessary to provide for area wide waste management and treatment ... or to prevent, control, or abate pollution, it may adopt a resolution so declaring and determining whether it will be feasible to secure such cooperation by contract between the municipalities concerned." "'I Step 3 - Section 115.49, subd. 2 ìvfPCA order to cooperate bv contract. "If the agency determines . ". that procedure by contract will be feasible, it may issue an order so declaring, setting forth the general purposes and terms of a proposed contract ... and directing the municipalities concerned to formulate and execute such contract within such times as the agency may specify in the order, but not less than 90 days from the date of mailing copies of the order...." 4. Step 4 - Section 414.0335 Option to municipalitv required to provide service. In direct response to the Winona/Winona Township matter decided by the MPCA in 1996, the Legislature in 1997 enacted the following provision giving a municipality the option to enter into a contract tàr or annex the area it is ordered to serve: "If a determination ... is made, that cooperation by contract is necessary and feasible bet\veen a municipality and an unincorporated area ..., the municipality required to provide or extend through a contract a governmental service to an unincorporated area. during the statutory 90-day period ..., may in the alternative to formulating a service contract .... declare the unincorporated area described in the pollution control agency's determination lener or order annexed to the municipality by adopting an ordinance ...." ). Step 5 - Section 115.49, subd. 2 Municipalities fail to annex or contract. "If a contract ... is not made \'lithin the time therein specified. the agency may refer the case to the commissioner .... The commissioner may then formulate a contract in accordance \'lith the agency's order. ... and . execute the same in the name of each municipality concerned ...." Prepared by Flaherty & Hood. P.A. . .¡.w Cçdar Street. Suite 1200. Sajnt Paul. MN 55101 . 651-225-8840 ,1/& Coalition of Greater Minnesota Cities .,,!Æ . 2001 Annexation Update Orderly Annexation 414.0325 City and town draft and execute joint City and town draft and execute joint reso- resolution designating an area as in need lution designating an area as in need of or- of orderly annexation. . derly annexation, stating conditions, and providing for MP review and comment ju- risdiction only. City and town submit joint resolution to MP. City and town submit joint resolution to MP for 30 day review and comment. , MP accepts joint resolution. I II ' . ~ ,MP orders annexation in accordance I I . e~eafter,.a proceeding fo~ ~exation of any I I with joint resolution. I portIOn desIgnated may be lllitIated by: . I ." ! City submits II TOWTI submits I City and town I I : resolution to II resolution to ! I submit joint I ¡ IMP MP II resolution to MP I ¡ If MP hearing is not required I I ;diation \.. : If MP hearing is required, MP sets date. MP may deny if the annexation conflicts with any MP considers statutory criteria. ¡ JI provision of the joint resolution. I, ~ viP may.approve if: .' ;! If MP denies annexation, no proceeding area IS urban or suburban. and servIces are avallable; ! ¡ may be initiated for 1\vo years from date of necessary to protect publIc health, safety, and welfare; or ¡ iMP order. annexation is in best interest of area. ¡ ., . i MP issues order for annexation of designated area. ! \ i Prepared by Flaherty & Hood. P,A. . 444 Cedar Street, Suite 1200. Saint Paul. MN 55101 . 651·225-8840 ~.. Coalition of Greater Minnesota Cities 2001 Annexation Update . Orderly Annexation Agreement Terms Section 414.0325 1. Basic orderly annexation agreement terms The follováng is a brief outline of the orderly annexation agreement tenns that should be included in a properly drafted joint resolution for orderly annexation: a. Identification of parties The parties to the joint resolution should be clearly identified. b. Recitals The joint resolution should state the reasons for designating an area(s) for immediate or future orderly annexation. c. Description of subject area(s) For each area that is designated as in need of orderly annexation, the joint resolution should include a legal description of the designated area(s). Maps showing the area(s) and their relation to current city limits must also be attached as exihibits. d. Definition of terms Key tenns as used in the joint resolution should be defmed. e. Acreage of subject area The acreage of the area to be annexed should be stated in the joint . resolution. f. Population The population of the area should be stated in the joint resolution. cr Minnesota Planning review and comment jurisdiction only The joint resolution should ~. state that the joint resolution provides for annexation of a designated area, no consideration by Minnesota Planning is necessary, no alteration of the agreed upon boundaries is appropriate, all conditions for annexation have been stated in the joint resolution, and that ìvlinnesota Planning may review and comment, but shall, within 30 days of receipt of the joint resolution, order the annexation. h. wlechanism triggering annexation For each orderly annexation area, the joint resolution should clearly state the triggering event that initiates an annexation. Numerous mechanisms can be used to trigger an annexation; these will depend on your negotiations. Examples of events triggering annexation may include reaching a specific date, before development occurs in a designated area. a pollution problem, or property ov,mer petition for municipal services. I. Property owner ínitiated annexation Prior to 1997, property ovmers could seek annexation of their property. even where the tenns of an orderly annexation agreement governing the area did not provide for such an annexation. This provision was repealed in 1997 thereby eliminating these annexations unless specifically provided for in an orderly annexation agreement. The joint resolution should contain a provision providing for property o\.vl1er initiated annexations. J. Adoption of regulations The joint resolution should require both parties to adopt . regulations giving full effect to the terms of the joint resolution. 414.0325 .ge2 k. Disputes and remedies The joint resolution should establish a procedure for disputes that may arise as a result of the interpretation of terms contained in the joint resolution. This may include designation of mediation or arbitration or another mechanism to resolve conflicts. l. Term The joint resolution should clearly state the term of the agreement. m. Modification or amendment The jointresolution should state whether modification of the agreement is appropriate and establish the circumstances by which such modification is to be accomplished. n. Severability clause Continuation of the agreement and negotiation of replacement terms should be provided in the event a term is found invalid or unenforceable. o. Governing law The joint resolution should state that Minnesota law governs the interpretation of the agreement. p. Notice lfthe joint resolution requires notices to be given, the resolution should state to whom and in what manner notice is to be provided. q. Effective date The joint resolution should designate the date upon which the agreement becomes effective. . r. Signatures The joint resolution should be executed by the appropriate municipal officers from each respective governing body. 2. Other possible orderly annexation agreement terms Here are other orderly annexation agreement terms that may be included in an orderly annexation agreement: a. Tax provisions A joint resolution could include any of the following: I. Tax phase-in The tax rate of the annexing municipality may be increased in equal proportions over a number of years (not to exceed six years) until it reaches the tax rate of the annexing municipality. II. Rural service district The agreement could include the creation of a rural service district where areas that do not receive all municipal services would pay a Im-ver tax rate, based on the proportion of services the area receives. Ill. Tax pay back The agreement could include payments to the township, similar to those requi¡ed for annexations by ordinance (Section 414.033, subd. 12). For example, the municipality could make payments to the tov·mship over a five year period equal to 90 percent, 70 percent, 50 percent, 30 percent, and 10 percent, respectively, of the property taxes distributed to the town. Any pay back plan is governed by the provisions of Section 414.036 and must be in equal payments over at least two but less than six years from the date of annexation. . b. Municipal services The timing and provision of municipal services (sewer. water, fire protection, etc.) may be stated in the joint resolution. 414.0325 . Page 3 c. Assessments A tenn that sets out assessment policy, financial assistance, etc. for major service improvements may be included in the joint resolution. d. Zoning, subdivision, and land use Tenns related to the applicable zoning, subdivision regulations and land uses in the subject area(s) may be stated in the joint resolution. e. Moratorium on urban, non-farm development A tenn prohibiting all urban, non-farm development in an area designated for orderly annexation may be included in the joint resolution. In this situation, urban, non-farm development would trigger annexation and extension of service to the property seeking to develop. f. J oint planning board A tenn establishing a joint planning board to exercise land use control may be included in the joint resolution. Note: Numerous provisions may be included in ajoint resolution for orderly annexation. The tenns of such agreements depend upon the negotiations of the parties and Vvill bind the parties to the negotiated tenns and conditions. The above outline is intended to provide guidance regarding the tenns that may be included in an orderly annexation agreement. The outline is not intended to encompass all tenns that may be included therein. To determine the tenns that will best meet your city's objectives, you should consult an attorney and applicable state statutes and rules before negotiating and drafting such an agreement. . . Prepared by Flaherty & Hood. P.A. . .\44 Cedar Street, SuÜe 1200. Saint PaW.:-.m 55101 . 651-225-8840 .~ Coalition of Greater Minnesota Cities . 2001 Annexation Update Annexation by Minnesota Planning (MP) Order 414.031 Proceeding initiated by submitting any of the following to MP: · Resolution of annexing city · Resolution of annexing town · Petition of 20% of property owners · Joint resolution of city and town Upon receipt of resolution, MP sets hearing date. I I ì I Mediation I . ' ~ MP or its designated representative hears evidence and considers statutory criteria. , ! Approve Deny I \ , I MP shall deny if: , MP may deny if: MP may approve if: I II. the increase in i . annexation to an- · area is urban or suburban , revenues for the city ¡ other municipality I· anne:<ation is necessary to protect I I bear no reasonable re- ¡ would better serve I publIc health, safety, and welfare; or I ! lationship to the value ¡ the area; or ! · annexation is in best interest of area I I of benefits conferred ' . remainder of town ~ . ¡ upon the to\vn. would suffer undue , hardshi p. d . i I MP or ers annexatIOn. I I + I .. f proceeding initiated by joint resolution, I election of new municipal officers is required. I Prepared by Flaherty & Hood. P,A. . 444 Cedar Street. Suite 1200, Saint Paul. MN 55\0\ . 651-225-8840 ~ Coalition of Greater Minnesota Cities -i-'- 2001 Annexation Update . Decision standards for contested annexations Section 414.031 Approval standards Based upon the statutory factors listed in section 414.031, subd. 4, ìvlN Planning or its designated decision-maker, after hearing testimony, may order an annexation if: 1. It finds that the subject area is now, or is about to become, urban or suburban in character; or 2. It finds that municipal government in the area proposed for annexation is re- quired to protect the public health, safety, and welfare; or ..., It finds that annexation would be in the best interest of the subject area. .J. Denial standards The decision-maker must also apply the following additional standards when considering a contested annexation request: 1. The decision-maker shall deny the annexation if the increase in revenues for the annexing municipality bears no reasonable relation to the monetary value of benefits conferred upon the annexed area. 2. The decision-maker may deny the annexation if: a. Annexation to an adjacent municipality would better serve the interests of the residents of the property; or . b. The remainder of the township would suffer undue hardship. Statutory criteria for contested annexations Section 414.031 Annexation criteria Minnesota Planning or its designated decision maker must consider evidence regarding the follovving criteria: 1. Population, households, and growth of area; 2. Quantity of land and natural physical features; ..., Degree of contiguity of boundaries; .J. 4. Pattern of development, planning, and land uses and impact of proposed action: 5. Present transportation network and potential transportation issues: 6. Land use ~ontrols and comprehensive planning; 7. Level of services and impact of proposed action on delivery: 8. Existing or potential environmental problems and impact on those problems: 9. Plans for providing needed government services: 10. Fiscal impacts (including tax capacity, debt. and local ta.x rates); 11. Effect of proposed action on adjacent school districts and communities; 12. Adequacy of town government to deliver services to subject area: 13. Analysis of whether government services can best be provided through the pro- . posed action or another process: and 14. In cases 0 f partial township annexation, ability of remainder of toV'>'11 to continue or feasibility of another boundary adjustment procedure. Prepared by Flaherty & Hood. P.A, . ~~~ Cedar Street. Suite 1200. Saint PauL:--'fN 55101 . 651-225-88-10 , ~ iJ Coalition of Greater Minnesota Cities To -.' {:_~~:,: - .:.; .,->_Æ . 2001 Annexation Update Options for Resolving Sewer Service Issues 1. Annexation Options: Long-term Orderly Growth Approach a. Annexation by ordinance Annex by ordinance properties seeking sewer service that petition the cityfor annexation. b. Orderly Annexation Agreement Enter into an orderly annexation agreement with the township annexing areas that will be provided sewer service now or in the future. c. Ordered Service Extension MPCA ordered service extension to resolve . a pollution problem requiring extension of service allowing either annexation by ordinance or a sewer extension and interconnection . contract. d. Contested Case Hearing File a contested-case hearing to annex and provide sewer service to urban or suburban areas of the township needing serVIces. 2. Sewer Contract Options: Short-term Uncontrolled Growth Approach a. Sewer Extension Agreement Enter into a direct sewer extension and service contract with the township. b. Joint Powers Agreement Similar to sanitary sewer district, enter into a joint powers agreerrent providing for joint tìnancing, provision and governance 'of sewer service to the township. - - . Prepared by Flaherty & Hood, P.A. . 444 Cedar Street, Suite 1200, SainI Paul, MN 55101 . 651-225-8840 .~ Coalition of Greater Minnesota Cities -~~-- -:- - : 2001 Annexation Update · Orderly Annexation Agreement Orderly annexation agreement Ajoint agreement between the City and To\vnship providing for the terms and conditions for immediate and/or future annexations. Such an agreement could provide for a variety of terms including providing for the annexation of property as sewer extensions occur, providing for the immediate annexation of larger areas proposed to be sewered with provision of sewer service to follow, or an agreement providing for the extension of sewer fIrst with annexation of the sewered areas to occur within a specified period of time. Pros 1. Joint, cooperative agreement - builds community relations. 2. Allo\vs cities to capture needed tax base in order to fund services. '" Cities \vhich expand are the healthiest and best positioned for economic growth. .J. 4. Helps control urban growth since to\vnships will understand that if urban gro\\Lh · takes place and sewer service is needed, annexation will also occur. Provides an incentive for to\vnships to maintain their rural character. 5. Promotes tax fairness consistent with the policy that those receiving city services should be within corporate limits and share equally in the cost of providing all services in the same manner as current city residents. 6. Allows cities to manage and maintain proper control over extension and gro\\-Lh of city municipal services. 7. Provides flexibility with respect to terms which may be included in the agreement. 8. Provides certainty to property owners and toV'mships regarding \vhen annexation and extension of services \vill occur. 9. A properly drafted agreement will also make boundary adjustments automatic and thereby m;oid the need for costly and divisive \ilinnesota Planning hearings. Cons 1. Proper drafting is critical. It may be time consuming and difficult to negotiate acceptable terms. " TO\Vllships may not be interested in long-term agreements planning for future · gro\vth. orderly annexations and service extensions. Prepared by Flaherty & Hood. P.A. . H4 Cedar Street. Suite 1200. Saint Paul. MN ;5101 . 651-225-8840 lJII Coalition of Greater Minnesota Cities .~' . 2001 Annexation Update Sewer Contract/Joint Powers Agreement Sewer extension through an interconnection contract, joint powers agreement or establishment of a sanitary sewer district Joint agreements providing for the extension of sewer service from the city to the township through the interconnection of a township sewer collection system to the city's system without annexation of township areas. Pros 1. Costs for only extension and sewer collection system in the township borne entirely by the township. 2. City receives direct wastewater treatment service fees and other payments associated with conveyance and treatment of sewage. Cons 1. Loss of ability to annex property because services have already been provided . thereby removing any incentive for township residents to seek annexation. 2. Unfair to current taxpayers since it allows towl1ships to pick and choose the services which it wants without having to fund the other services which current taxpayers within city boundaries must pay for and which in many cases township residents already take advantage of. 3. Does not allow city to capture needed tax. base to remain healthy. Loss of ability to annex threatens the city's ability to position the community for economic growth contributing to the decay of the core urban areas. 4. Loss of tax base will concentrate poverty in the urban core and place the ta.x burden to provide services on those \Vith the least ability to pay while wealthier suburban areas take advantage of those services. 5. Sewer contract fees will only cover sewer services and will not help the City maintain * viability or provide other services such as police, park and rec., etc. 6. Once service is extended, it becomes much more difficult to control future extensions and future urban gro\.v1h in towl1ships since it gives an incentive for urban growth to occur outside cities continuing the pattern of urban sprawl. 7. Provides for the potential future gro\.v1h of a suburb on the city's border, . duplicating services and negatively impacting the long-term growth of the city. Prepared by Flaherty & Hood. P.A. . .144 Cedar Street. Suite 1200. Saint Paul. MN 55\ 0 I . 651-225-8840