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2001 [09] Sep 06 {Book 22}
.oIlege Avenue NW itg of St. Joseph P.O. Box 668, St. Joseph, MN 56374 St. Joseph City Council (320) 363-720 I September 6, 2001 Fax:363-0342 7:00 PM CLERK! ADMINISTRATOR Judy Weyrens 1. Call to Order 2. Approve Agenda MAYOR Larry J. Hosch 3. Consent Agenda a. Bills Payable Requested Action: Approve COUNCILORS b. Minutes - August 16, 2u') 1 Requested Action: Approve Bob Loso c. Developers Agreement, Indian Hills Plat: Requested Action: Authorize the Mayor and Cory Ehlert Administrator Clerk to execute the agreement. Kyle Schneider d. Proposed Budget 2002 Requested Action: Approve Preliminary Certification Alan Rassier 4. Public Comments - Each speaker will he limited to three minutes 5. 7:05 PM - Sara Miller, CSB - Request authorization to block a portion of Minnesota Street for the CSB/SJU Homecoming Parade 6. 7:15 PM - Cigarette License Violation, S1. Joe Amoco Liquor, Mike Deutz e-- 7. 7:30 PM - Lance Honer, Annexation request, property north west ofRR adjacent to CR 2 8. 7:45 PM - City Engineer Reports a. 16" Watermain, CR 133 to Water Tower 9. 8:00 PM - Teresa Bohnen, S1. Cloud Chamber of Commerce 10. 8: 15 PM - Gary Skramstad, Police Chaplaincy Program II. Mayor Reports 12. Council Reports 13. Clerk! Adm Reports 13. Adjourn - . 5 Sep 2001 Bills Payable Page 1 Wed 4:00 PM City of St. Joseph . August 2, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 30131 POSTMASTER 64.21 postage, utility bills Administration and General 601 \ 30131 POSTMASTER "," po.,.g., U""'Y b"',' ;¡:m'n""."on'nd g...,., 602 30131 POSTMASTER 64.22 postage, utility bills aste Collection 603 30133 SCHIFFLER, JAN 422.50 license tax, truck trans, Street Maintanence 101 30134 POSTMASTER 100.00 postage , Ordinance & proceedings 101 I 30134 POSTMASTER 104.00 postage ¡ Salaries & Adminstrative 101 30135 SIM, ELIZABETH 200.00 market manager / Legislative Committies 101 30137 GAPINSKI, MARY KAY 81.54 bike, summer rec prize Participant Recreation 101 30137 GAPINSKI, MARY KAY 34.10 carnival supplies,sum rec Participant Recreation 101 30138 CITY OF APPLE VALLEY 25,017.00 truck bid, 1988 Ford Street Maintanence 101 30138 CITY OF APPLE VALLEY 27,034.00 truck bid, 1989 Ford Street Maintanence 101 30140 POSTMASTER 12.45 postage, truck bids Street Maintanence 101 30141 A·l TOILET RENTAL 63.90 satelinte rental, klinefe Park Areas 101 30142 ALL SPEC SERVICES 1,692.90 july inspection Building Inspec. Admistration 101 30143 AMERICAN LEGION POST #328 133.33 building rental Street Maintanence 101 30143 AMERICAN LEGION POST #328 133.33 building rental Administration and General 601 30143 AMERICAN LEGION POST #328 133.34 building rental Administration and general 602 30144 ANOKA TECHNICAL COLLEGE 185.00 fire ground hydraulic tra Fire Training 105 30145 AUTO VALUE PARTS STORES - WEST 157.50 grease tubes Street Maintanence 101 30146 BANYON DATA SYSTEM 295.00 fixed asset support Accounting 101 30147 BATTERIES PLUS 26.61 battery cell phone Fire Communications 105 . 30147 BATTERIES PLUS 18.09 batteries for hand light Fire Fighting 105 30148 BROWNING·FERRIS INDUSTRIES 57.84 refuse removal Administration and general ' 602 30148 BROWNING-FERRIS INDUSTRIES 50.61 refuse removal Fire Fighting 105 30148 BROWNING· FERRIS INDUSTRIES 7,895.22 refuse removal Waste Collection 603 30148 BROWNING·FERRIS INDUSTRIES 184.37 refuse removal Park Areas 101 30149 CAMERA TRADER 27.96 film development Crime Control & Investigation 101 30150 CELLULAR 2000 28.83 cell phone Street Maintanence 101 30150 CELLULAR 2000 7.95 cell phone Park Areas 101 30150 CELLULAR 2000 7.95 cell phone Waste Collection 603 30150 CELLULAR 2000 123.20 cell phone Communication Service 101 30150 CELLULAR 2000 51.24 cell phone Park Areas 101 30150 CELLULAR 2000 100.00 cell phone Salaries & Adminstrative 101 30151 CENTRAL MCGOWAN 26.05 medical oxygen Medical Services 105 30152 CENTRAL SERVICE, DIV ALL CARE 523.60 car repairs Automotive Services 101 30152 CENTRAL SERVICE, DIV ALL CARE 42.60 storage, honda siezed Crime Control & Investigation 101 30153 CITY OF ST. CLOUD 7,756.11 sewer use Sewage Treatment Plant 602 30154 COMPLETE ELECTRONICS 46.50 cable equipment repairs Cable Access 101 30155 CT FARM & COUNTRY 40.45 poison ivy spray Park Areas 101 30156 DESIGN ELECTRICAL CONTRACTORS 49.00 tower lights Administration and General 601 30157 DIAMOND VOGEL 192.82 street paint Street Maintanence 101 30158 EL PASO CLUB & LANES 477.50 bowling, summer rec Participant Recreation 101 30159 GRANITE ELECTRONICS 14.91 batteries, pagers Fire Fighting 105 30160 HAWKINS WATER TREATMENT GROUP 14.50 water tests Administration and General 601 30160 HAWKINS WATER TREATMENT GROUP 138.00 sewer tests Sewage Treatment Plant 602 . 5 Sep 2001 Bills Payable Page 2 Wed 4:00 PH City of St. Joseph . August 2, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 30160 HAWKINS WAT3:R TREATHENT GROUP 14.50 water tests Administration and General 601 \ 30160 HAWKINS WAT3:R TREATI·IENT GROUP 14.50 water tests Purìf ication \ 601 30161 JM GRAYSTON=: OIL CO., INC 299.11 diesel fuel Maint Shop / 101 30162 K.E.E.P.R.S. INC 17.41 pants, jeff Crime Control & Investigation 101 30162 K.E.E.P.R.S. INC 40.95 pants, meyer Crime Control & Investigation 101 30162 K.E.E.P.R.S. INC 83.92 shirts, olson Crime Con~rol & Investigation 101 30163 KOSTREBA APPLIANCE 38.50 air conditioner repair Administration and General 601 30164 LEAGUE OF ~N CITIES 7.00 league annual conference Salaries & Adminstrative 101 30165 LEE'S ACE HARDNARE 7.48 repair supplies Street Maintanence 101 30165 LEE'S ACE ~~DNARE 44.29 repair supplies City Hall 101 30165 LEE'S ACE ~~NARE 23.70 repair supplies Fire Station and Building 105 30165 LEE'S ACE ~~NARE 7.91 repair supplies Sewage Treatment Plant 602 30165 LEE'S ACE ~~\'IARE 95.95 repair supplies Park Areas 101 30166 LEEF BRaS 95.07 floor runners, towels City Hall 101 30166 LEEF BRaS 45.75 clothing service Street Haintanence 101 30166 LEEF BRaS 45.75 clothing service Park Areas 101 30166 LEEF BRaS 45.75 clothing service Administration and General 601 30166 LEEF BROS 45.75 clothing service Administration and general 602 3016 7 r'~ENARDS 132.36 disc golf, sign material Park Areas 101 30168 MIDWAY IRON AND METAL 28.33 steel tubing Park Areas 101 30169 HI~~ESOTA TRAVEL ~Ju~AGEMENT 368.40 gas Crime Control & Investigation 101 . 30169 11INNESOTA TRAVEL ~Ju~AGEMENT 469.05 gas Crime Control & Investigation 101 30169 MINNESOTA TRAVEL ~Ju~AGEHE~~ 327.05 vehicle lease Automotive Services 101 30169 f.HNNESOTA TRAVEL MANAGEMENT 327.05 vehicle lease Automotive Services 101 30170 ~lli FIRE SERVICE CERT. BOA.1li> 45.00 certification test,simon Fire Training 105 30171 ~WTL LABORATORIES 14.50 water tests Administration and General 601 30172 NET 554.30 water panel repairs Power and Pumping 601 30173 NORTHER. 'I \1ATER HORKS SUPPLY 111.52 repair supplies Power and Pumping 601 30174 OFFICE :.IA)( 48.97 projector bulbs Street Maintanence 101 30175 O~~ CALL CONCEPTS, INC 67.20 notification fee Administration and General 601 30175 O~~ CALL CONCEPTS, INC 67.20 notification fee Administration and general 602 30176 PAPA GUISSEPPE, INC 27.50 council meeting Other Financing Uses 101 30177 PMX MEDICAL 280.49 medical supplies Medical Services 105 30177 PMX r~EDICAL 74.05 medical supplies Medical Services 105 30178 POSTI·~STER 64.21 postage Administration and General 601 30178 POSTI'~STER 64.21 postage Administration and general 602 30178 POSTr·~STER 64.22 postage Waste Collection 603 30178 POSTHASTER -64.21 void check Administration and General 601 30178 POSTWlSTER ·64.21 void check Administration and general 602 30178 POSTI-IASTER -64.22 void check Haste Collection 603 30179 RAJKONSKI HANS~IEIER LTD 2,500.00 legal fees, police Crime Control & Investigation 101 30179 RAJKONSKI HA.~SHEIER LTD 99.00 ordinanace amend, legal Ordinance & Proceedings 101 30179 RAJKm'ISKI HANSr·1EIER LTD 81.00 legal, pond view City Attorney 101 30179 RAJKOYISKI HANSr·IEIER LTD 2,766.52 legal, general City Attorney 101 30180 RED'S AUTO ELECTRIC 56.91 loader repair Street Maintanence 101 . . 5 Sep 2001 BÜls Payable Page 3 .4:00 PM City of St. Joseph August 2, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 30181 RUDOLPH'S INC 48.03 fitting, hydraulic oil Park '~eas 101 30181 RUDOLPH'S INC 120.42 filters, blades Park A eas 101 30181 RUDOLPH'S INC 7.92 repair supplies Park Jrreas 101 I 30182 SCHULTE TRANSMISSION 877.95 trans repair, 89 chev Streft Maintanence 101 30183 SCHWAAB, INC 33.80 deposit stamp Salaries & Adminstrative 101 I 30184 SERVICE MASTER PROFESSIONAL SR 170.76 cleaning services Ci¢y Hall 101 30184 SERVICE MASTER PROFESSIONAL SR 394.05 cleaning services Ci ty Hall Annex 101 30185 SIMON, KEITH 93.15 mileage, training Fire Training 105 30186 SPRING GREEN 41.54 weed killer Park Areas 101 30187 ST. CLOUD FIRE EQUIPMENT 81.46 fire extinguisher Fire Fighting 105 30187 ST. CLOUD FIRE EQUIPMENT 81.46 service cylinders Fire Fighting 105 30187 ST. CLOUD FIRE EQUIPMENT -162.92 void check Fire Fighting 105 30188 ST. CLOUD RESTAURANT SUPPLY 50.59 can liners Park Areas 101 30189 ST. CLOUD TIMES 220.32 ad, eda director Economic Development Authority 101 30190 ST. JOSEPH FIRE DEPARTMENT 800.00 team building Fire Administration 105 30191 ST. JOSEPH NEWSLEADER 163.35 publication, hearings Ordinance & Proceedings 101 30191 ST. JOSEPH NEWS LEADER 70.20 publication, audit report Accounting 101 30192 STEARNS COUNTY CHIEFS ASSN 25.00 chief dues Crime Control & Investigation 101 30193 TAUFEN, DICK 6.45 water tests Purification 601 30194 TIREMAXX SERVICE CENTERS 11.95 tire repair Park Areas 101 . 30194 TIREMAXX SERVICE CENTERS 11.95 tire repair Street Maintanence 101 30194 TIREMAXX SERVICE CENTERS 191.00 tractor tires Park Areas 101 30194 TlREMAXX SERVICE CENTERS 212.48 truck repairs,fuel pump,t Administration and General 601 30194 TIREMAXX SERVICE CENTERS 172.65 tire repair, snow truck Ice & Snow Removal 101 30194 TIREMAXX SERVICE CENTERS 11.49 tire repair Park Areas 101 30195 US LINK 234.70 telephone Salaries & Adminstrative 101 30195 US LINK 49.12 telephone Community Sign 101 30195 US LINK 49.12 telephone City Hall 101 30195 US LINK 315.90 telephone Communication Service 101 30195 US LINK 136.34 telephone Maint Shop 101 30195 US LINK 98.35 telephone Fire Communications 105 30195 US LINK 51.83 telephone Administration and General 601 30195 US LINK 49.12 telephone Sewer Lift Station 602 30195 US LINK 49.12 telephone Sewage Treatment Plant 602 30195 US LINK 102.16 telephone Administration and general 602 30196 VISIONARY SYSTEMS LTD 560.00 fire house software suppt Fire Administration 105 30197 VOIGT'S BUS COMPANIES 162.50 busing, summer rec participant Recreation 101 30200 XCEL ENERGY 9.22 uti ties Street Maintanence 101 30200 XCEL ENERGY 33.42 utilities Signal Lights 101 30200 XCEL ENERGY 1,651.94 utilities Street Lighting 101 30200 XCEL ENERGY 173.92 utilities Park Areas 101 30200 XCEL ENERGY 21.97 utilities Ball Park and Skating Rink 101 30200 XCEL ENERGY 509.25 utilities City Hall 101 30200 XCEL ENERGY 34.55 utilities Ci ty Hall 101 30200 XCEL ENERGY 22.37 utilities City Hall Annex 101 . 5 Sep 2001 Bills Payable Page 4 ~led 4:00 P~·1 City of St. Joseph · August 2, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 30200 XCEL ENERGY 899.95 utilities City Hall Ann~,X 101 30200 XCEL ENERGY 26.67 utilities City Hall Anne~ 101 30200 XCEL ENERGY 41.44 utilities Maint Shop 101 30200 XCEL ENERGY 62.15 utilities Street Maintanence 101 30200 XCEL ENERGY 15.94 utilities Street Maintanence 101 30200 XCEL ENERGY 24.94 utilities Street Maintanence 101 30200 XCEL ENERGY 23.06 utilities Maint Shop 101 30200 XCEL ENERGY 34.59 utilities Street Maintanence 101 30200 XCEL ENERGY 120.42 utilities Storage 601 30200 XCEL ENERGY 11. 51 utilities Purification 601 30200 XCEL ENERGY 594.12 utilities Purification 601 30200 XCEL ENERGY 1,708.33 utilities Power and Pumping 601 30200 XCEL ENERGY 33.95 utilities Power and Pumping 601 30200 XCEL ENERGY 379.92 utilities Sewage Treatment Plant 602 30200 XCEL ENERGY 14.91 utilities Sewage Treatment Plant 602 30200 XCEL E~~RGY 66.68 utilities Sewer Lift Station 602 30200 XCEL ENERGY 17.26 utilities Sewer Lift Station 602 30200 XCEL ENERGY 403.39 3tilities Fire Station and Building 105 30200 XCEL ENERGY 36.80 3tilities Fire Station and Building 105 30200 XCEL ENERGY 6.28 3tilities Emergency Siren 101 30201 XCEL ENERGY 0.68 electric charges City Hall 101 · 30202 ZEE 21.03 medical supplies Maint Shop 101 30203 BANYON DATA SYSTEt·j 704.04 payroll software support Accounting 101 30204 CELLULAR 2000 1.79 cell phone Fire Communications 105 30205 CO~~ISSIONER OF REVENUE 490.15 state withhold, Gary 101 30205 CO~lliISSIONER OF REVE~~ 1,327.81 state withhold 8/6 101 30205 CÜ:·1!1ISSIONER OF REVENUE 981.67 state withholding 8/22 101 30206 EFTPS 1,752.11 fed withhold gary 101 30206 EFTPS 232.00 fica withhold gary 101 30206 EFTPS 3,530.13 fed withhold, 8/6 101 30206 EFTPS 3,040.38 fica withhold, 8/6 101 30206 EFTPS 2,567.47 fed withhold 101 30206 EFTPS 2,199.52 fica withhold 101 30207 FENEIS ENTERPRISES, INC 105.00 service contract sign Community Sign 101 30208 FIRST STATE BANK 720.00 telephone system City Hall 422 30209 HAI'/KINS WATER TREATt·IENT GROUP 138.00 sewer tests Sewage Treatment Plant 602 30209 HAI'IKINS WATER TREAT1·1ENT GROUP 14.50 water tests Administration and General 601 30210 METRO PLill1BING & HEATING 55.00 restroom repairs Park Areas 101 30211 t1INNESCTA DEPARTIIENT OF HEALTH 1,140.00 state water connection fe Administration and General 601 30212 NET 296.40 panel repairs Distribution 601 30213 PERA 1,240.00 retirement 101 30214 PERA - CC 3,098.58 retirement, 8/6 101 30215 PRINCIPAL LIFE 6,007.97 med insurance 101 30216 SEH 279.12 engineering, northland Street Maintanence 424 30216 SEH 286.00 engineering, joseph stree Street Maintanence 421 · . , Sep 2001 Bills Payable Page 5 qed 4:00 PM City of St. Joseph · August 2, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 30216 SEH 1,191.00 engineering, street impr Street Maintanence 106 30216 SEH 1,196.92 engineering, watab storm Engineering Fee 101 30216 SEH 5,917.06 engineering, northland Street Maintanence 101 30216 SEH 1,169.38 engineering, indian hills Engineering Fee 101 30217 ST. CLOUD FIRE EQUIPMENT 81.46 service cylindres Fire Fighting 105 30218 ST. JOE GAS & BAIT 50.00 gas Fire Fighting 105 30218 ST. JOE GAS & BAIT 14.56 postage, testing Sewage Treatment Plant 602 30218 ST. JOE GAS & BAIT 11. 70 postage, testing Sewage Treatment Plant 602 30219 STEARNS ELECTRIC ASSOCIATION 323.50 street lighting Street Lighting 101 30219 STEARNS ELECTRIC ASSOCIATION 37.50 street lighting Street Lighting 101 30220 SUBURBAN HEALTH & RESTAURANT 1,219.98 health club,Aug-Dec 101 30221 WILLENBRING, RUSS 15.00 farmers market Legislative Committies 101 30222 PERA 2,505.53 retirement 101 ---------- rand Total 139,849.33 · · SEP~05-2001 WED 01:33 PM RAJKOWSKI HANSMEIER 3202515896 P, 02 · \ ) i i . i I ~~~:~~¡i~~~~:r'~f~~-:~:-:: R~t!..._.."_:.. JQ~~.! CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT. made and entered into this day of August, 2001, by and between Dorian Davidson and John Meyer, hereinafter collectively called the ''Developer''. and the City of 81. Joseph, Minnesota) a municipal corporati.o~ hereinafter caned the "City'. WIT N E SSE T H: · WHEREAS, the Developer is the Owner of certain Rea] Property known as fudian Hills Park, which is legally described on Exhibit A, (hereinafter called the "Property") attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Developer to provide for the construction of certain public improvements, and for the financing of said improvements; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 CITY CONSTRUCTED IMPROVEMENTS (Intentionally blank.) 2.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 2.1 Plan B Improvements. The Developer agrees to construct those improvements itemized below, hereinafter know as Plan B ImprovemeIlts: Construction of holding ponds, installation of sewer and water service. The Plan B Improvements itemized above shall include all necessary appurtenant items of work as detennined by the City. · SEP~05-2001 WED 01:33 PM RAJKOWSKI HANSMEIER 3202515896 P, 03 · 2.2 Completion Deadlines. The Developer agrees to proceed with said Plan B 1mprovcments . entirely at its expense, and to complete said improvements within the time specified in the spec~fications. or within 12 months of the date of this agreement ifno time is stated in the spCc1cations. unless an extension is granted by the City for good cause, (which shall include dela'i resulting from meeting requirements of Section 2.3 below). 2.3 En~neering Services. The Developer will retain an engineer to prepare complete cojistructÎon Plans and Specifications for Plan B Improvements. The engineer shall: (a) Prepare a Preliminary Estimate and Layout ofUtílities and mange for soil borings and/or such other subsurface investigations as the City m.ay require. (b) Prepare complete construction Plans and Speciñcations. As Plans and Specifications are being prepared, copies shall be available for review and comment by the engineer. The City. by staff and the City Engineer, shall approve final content of the Plans and Specifications. (c) Secure all necessary permits including those required by the Minn~ota Pollution Control Agency, the State Health Department, the Department ofNatural Resources, or any other regulatory agency that has jurisdiction. · (d) Prepare the Environmental Assessment Worksheet (EA W), if necessary. and any other related envìronmental documents, reports, or studies as may reasonably be required by the City. An EA W is not currently required nor anticipated for this project. (e) Provide all necessary construction staking and related survey work. (f) Prepare record drawings on reproducible mylar sepia and an electronic copy. The reproducible mytar sepia record drawings and electronic copy shall become the property of the City. (g) Prepare and submit such other final documentation as the City may require. The City Engineer shall: (a) Provide such City project standards, including special details and specifications, as the City may require. (b) Review Plans and Specifications. (c) Provide a City Representative for resident constroction observation throughout the construction period. · 2 SEP-05-2001 WED 01:34 PM RAJKOWSKI HANSMEIER 3202515896 P, 04 · (d) Conduct a final insp~tion and review final construction documentation. (e) Recommend Acceptance of Improvements to the City. 2.5 Cost Escrow. The Deve)oper shaH bear the cost of the above noted City Engineering / Services and shaH, upon execution of tbis Agreement, place in e~9!By(W,91 the City cash, bond or irrevocable letter of credit in the amount of $20,OOO.OO~º,~~!tº which shaH be applied to the payment of tho cost of said services, Should the above amount exceed the cost to tbe City, the City shall return to the Developer all unused funds, including accumulated interest. Should expense to the City exceed tbe above amoun~ the Developer shall reimburse the City for all additional costs before the improvements are accepted by the City. 2.6 Contractor Retention. Upon approval of the Final Plat, the Developer shall contract with a contractor for the construction of the Plan B Improvements (hereinafter the "Contractor"). The Contractor selected by the Developer to construct and install any Plan B Improvement shall be qualified and competent to perfonn the work and have adequate finances to perform. The City reserves the right to require evidence of competency and adequate financial status of any such Contractor, and prohibit a Contractor who fails to provide such evidence ftom undertaking work on the improvements. The construction, installment, materials and equipment shall be in accordance with approved Plans and Specifications. 2.7 Ci~ as Third Party Beneficiar.y. The City shall not have any direct contractual relationship · with the Contractor, but shall be considered a third party beneficiary to the contract eu.tered between the Developer and the Contractor. The City shall not be liable to the Contractor for the Developers breach of a duty to the Contractor. 2.8 Easements. The Developer shall make available to the City, at no cost to the City, all penn arrent and temporary easements necessary fOt installation and maintenance of Plan B Improvements, 2.9 Insurance. The Developer shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insuranc~ including côntractual coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. The Developers insurance certificate shall be in a form approved by the City, and shall be delivered to the City at least three days prior to the commencement of any work on the Plan B Improvements, The City and the City Engineer shall be named as an additional insured on such policy by endorsement. Such insurance shall remain in full force and effect through the end of the warranty period described in Secti on 2.11. The Developer shall cause each person with whom Developer contracts for the construction and installation of any Plan B Improvements to provide evidence of insurance coverage in accordance with the City project standards issued under Section 2.4. Tbe Developer shan, (or if aU construction contracts arc under th~control of one Prime Contractor), the Prime Contractor shaU provide evidence of OwncrlEngineer Protective Liability coverage in 3 · SEP~05-2001 WED 01:34 PM RAJKOWSKI HANSMEIER 3202515896 P. 05 · accordance with these standards in lieu ofthe Developer insurance certificate. Evidence of insurance shall be provided before any construction whatsoever begins on the Plan B Improvements. 2.10 Perfonnance SecYri~. Prior to the actual construction of Plan, B Improvements pledged to be constructed by the Developer. then irJ that ðyGllt, the Develo: shan post with the City a bond, irrevocable letter of credit 8rf."ì~t~~~1i&9~~:JJþ.t¡o¡;:ªçg,~U~~:J,~tT} the estimated amount of 1.25 times the .,::r, '& ".'" et', ",' ~ . ,-~" ¡¡iJ.:t::.' ." . "èì' 0 ";'~ t·~·".· . ~§ìt¡oo!§L.. """ ,~, , .,___..~_..,.~~...~~f.~~ Engincex'5 UstimAle ofihe HIed, costs of sl1<.h improvements) ~ónditioned upon the faithful construction of the improvements according to the Plans a,ód Specifications, and final approval of the City Engineer, and the terms of this Development Agreement. As the improvements are partially completed, the Developer may request the City to release a portion of the Security representing the cost of the completed improvements as determined by the City Engìneer, but at all times there shan be Security in an amount of at least 125% of the estimated cost of the unfinished improvements. lfthe construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the perfoIIDaDce security required by this section. 2.11 Warranty Bond. The Developer shall futly and wthfully comply with a11 the tenns of any and all Contracts entered into by the Developer for the installation and construction of all Plan B Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's fmal acceptance of the Plan B Improvements. · In addition to the Security required by Section 2.7 herein, the Developer shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of one year following the City's final acceptance of the Plan B Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. If the construction contracts are under the controI"of one Prime Contractor, the Prime Contractor may provide the warranty bond required by this section. 2.12 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer shall also provide the City with a tabor and materialman's bond, guaranteeing the payment of all workmen performing labor or services. and all supplies or materialmen providing materials for the Plan B Improvements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of a1llaborers and materialmen in the fOIm of release, signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor, and all construction contracts are under control of the Prime Contractor. the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and/or material provided by t11e Prime Contractor. 3.0 FUTURE IMPROVEMENTS A 16 inch water main will be constructed adjacent to the South boundary of the Property. There will be no lateral assessment of the cost of this improvement to the Property. · 4.0 GENERAL TERMS AND CONDITIONS 4 SEP~05-2001 WED 01:35 PM RAJKOWSKI HANSMEIER 3202515898 P. 06 · 4.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 4.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to ilie CitYs entering into this Agreemènt, that Developer's interest in the Development is fee owner. Prior to execution of this Agreement, the Developer shal1 provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof o.ftitle acceptable to the City. 4.3 Bindin~ Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representati ves, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereofto subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 4.4 Notice. A11y notices pennitted Of required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph. by certified or registered mail. Such notices, demand. or payment shall be deemed · timely given or made when de1ivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto arc as follows: If to the City at: City ofSt. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Developer at: Box 797 St. Joseph, MN 56374 4.5 Acceotance ofIJ:nprovemeTlts. The City wi11 accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his knowledge and belief, the improvements have been completed in conformance with the terms of this Development Agreement and all documents incorporated herein by reference. 4.6 Incotporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shaH be and hereby are made a part of this Agreement by reference as ìf fully set out herein in fun. 4.7 Indemnification. The Developer shall hold the City and City Engineer harmless from clnims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incUITed resulting from plat 5 · SEP~05-2001 WED 01:36 PM RAJKOWSK I HANS ME IER 3202515896 P, 07 · approval and the development of the Property. The Developer shall indemnifY the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third parties. 4.8 License to n er.Lan . The Developer hereby grants the City, its agents, employees, officers and contractors a li se to enter the Property to perfonn all work and/or inspections deemed appropriate by the ity during the development of the Property. ! 4.9 Street Cleaning. ¡"The Developer shan promptly clean any soil, earth or debris fTom streets in or l1ear the D.evelopment resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the City, the City may undertake the work and seek reimbursement from the Developer, or alternatively, assess the cost against property owned by the Developer within the City. 4.10 Erosion Control. The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water mnoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties. or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives :trom the City. All areas disturbed by the excavation · and backfilling operations shall be reseeded forthwith after: the completion of the work in that area. Seed shall be rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and discwanchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. 4.11 Site Gradine. (a) No building permits will be issued until site grading for the development phase has PJf<;*:~;~~mi~~~~I!ßF¡J~J~~Y~.!..~~P.~lWi~:~~~,;~W~Y.~ij.~~,:. " ,. -." , ~,,,·ití. ~~!~.v~: '·I~~~(·mn~.ª:r~" ~. .. J~~~' . J.. ~, .. '.' mi'" '..' ;;¡g;. a.~; ..~. .;. ., . ~'~ .. ,~...r. "¡¡& '>J' " I... ".:s..... ... ""', .,.......... ........ ,""_ . ,{'......___ 11"\_' ,~. .....~. ....... ,....... .,.~ ,- _'J ,! ~~- .' :"i. '':: - ~. . . ..; ,:!¡ (b) When the: &ite g1~ has been com~IGtcd. 1. D...vdv!,,,,~ .$Il~l ha~e a. Registered Land StIlVeyor vcrif:y site g¡:aðing hetS b'Cll compk,kJ açoordint, tö the appl 0 y ed Mt'- g¡-tlligp 1m subnÜttcd with tl.e pteliminM) pLrt documents. 2. lJ.k;yatfof13 Ju.di b", Udton on Milot oomð'tS~ 411 bl1i:1din.gs pa&, and on dtAin~se bJ:~, pondmg sites, ditcl1es, and swa.yl~. A:rro~s shaH show how the tol is to drain; · 6 SEP~05-2001 WED 01:36 PM RAJKOWSKI HANSMEIER 3202515896 p, 08 J. Tho Dc.yc.lop'! ma11 i)~~ma ð. cop}' ofth" app101~ ~ad.in5 plw. showing tho "as~ . b~lt" tk.y~tioH! to tli'- Cit,y. 4. The City'W Hi ,erify h1formAtioh. If G T ci)'tlÜng Ilta~h"'i) U4e örl~ gri$din~ plan, the as~b1rilt g;rA.dil1g plan b"Om,",~ the ðpprOYOO Dð"y'G1opn1l;;nt rlan. \ (G) Before 8. bui:1.ding ~nn1t i~ i5.s~ed Íðr n,,~ GOMt1ts.¡;tion ~I a 1O't,111ê ö~n'r ofth~ lot .' sha1111av'e a Rc.glstered Land 8w f'e')1or !ubmit a C...d~G."Atð of Smv~ sho~mg proposed ckv$iom. fo1 Jot Gom'rs,lh~ bmidinà pctd, and 5idc cmd lðM lot linðS; th~S'C c,lc,yat1ò& u..II.~i)l &~" with the Aþproved D~.dopment P1:.m. Plo-y'idð dainage Q.uôWt.. sho,ving bðW the. 10t;5 to dram. Jndk!te proposed eit.n;t~on5 for ~11& at tho non! mid rear levels ofth, "ùuildin~ bòing bt:1Îlt. The; c,crti£k,at.., 1JJ.~t .mð~ all ~emen~ a:nd setLacks for th, bttildtnB In.,;u5 LWit. ~^'11en tbi! Ce.ltifiç¡¡te ha3l%C.ll c.heçMd, and "p}.ll'" ,ð\i by the. Cit" A bttilding þðrnÜt ,an be i$Sued. Bubj~t to ot:lt'l t~1UI~ .\1.d oondition$ of Hi, Doye1oper' s Agr~emðnt Cd) Wh~Ì1 thð building and lot improttcnlcnts Mv';' b"'l;>u IAJlLIpletcd and thð lot iCsrorecl to £inðl glad", btlt 'bcfõl' it is sodded o. ~.....,d~. 81:6 Dttiló,r's StU'VC:)01 MJAll pro9î& an "M--btri:lt" C...1l~6~ of Stuve)' d()(;~rtb,...ot:.u.g the fina{ in~plac:e ekvati...ru and 8Ctback,~, Ifth~, çl~yatiön! Af!).CG with the proposed gL~(;t, and iftbe sðtbadœ .md ~'.tu'lIts ~ g;ï.,.I1 tho proper Glœr~,e;5. thð lot ~ b~ .!odd,¿ VI ».,,¢ded and A C,rtificate of OcGnpan.;y Ì5StlC<Ì. (b) Ñf~~c""~""~~I~~~~~~~~~"~mâ)j~ß_ffi~'~.~~1i'r~:~~'v,~~;~~~~ . ..~4:~~L'·:~1 ,_AA~~-~. , )..à·...·,~·.qr.r.~.¡wm ;~. .~:·~'@W~'~L ',., "" ~.g~~!~~'~~:~~~~~~~·~mf·· ^'-~ "'~~~~~~~i&~ r' - _''''I.~" :.,-.- ...... ~g/.o("""1 .. - _.....,..'-..'~... ,:--:, ...." -~ ·¡.·_,......_.....(~.I'JI,,-...r'\ ,~¡';;¡I.~._. '" .....t.~ !'\,;."'\; :~)".~..._._, ~Æ}2¡For winter conditions. where the building is ready but the final lIindscaping cannot be completed until spring, an escrow shall be deposited with the City until the final grading can be checked out. (e~n Provision shan be made when site grading for any future road or cul de sac on any lot(s). t~ ~~'~f~(c'~'~~""'i~~~~ïrr~~~ïm~~l ~ :.~i'!t.. .~~.. .~. i~~Ì4r ;.... "'\~.;'h' ~," ~ ~.," .... ,...~. .:~ .. -.; ~ .~:. .~.. ::2' :.',.~~ ^,L.."'~J J§5~~~~1~~ ~r~Mf;i'·~~··_·~··ê{··":i"'~~I'!.u;;' ¡¡"'-')~l-r~ ~~)~~tif:;~~;;.;~p~~>ò,~r;,>r."I_i~ '::}~"I~':~ 't~t~~;. :»:~. _ ~i;' .. ..... ) '>iQ,:tJÞI'~' -..... -~ ·:...~i_. ~~-~·~M!í~~~.l·~. ~," .' - .~~~. . '. ce· ~~. .,' ""~"~~~tfd 'ifii' , ,,' 'I' .~' . .\1. '! ~,...~' ". "r:(''' c.~., '>. , '$~~ð't~ ':.i' ¿ );~--.~~~_ ' 'i(I~"''';;T'':~''' .", .~~" ,.:~,-,- . 'u.. . ".... ;K...,; c._ .,. ""'._n Q 'fç' ;g'~ ~1§' . M1)-*3! -, . ~'--., ~;...: ; . - ',-;,,- _. ,I. :;" :.. \_ ..,,~ _ ;, ~ _,...~_ ......".~ ;"~~~~G~';·"~:$~Wr,·,c<t1j~r~c:~~.t-~~~-~,~., ~r;o~~:~i .~;~~~ ~~·__,;~~~¡;"â~~'-·~~J~ :.M!),.'~ <~.'~ l,~~( . __ ......':." ·;e· ~1M ;~_...' , .'iI....;: "', ,.; . 'j~, '" '.1",'. : "·'iBi~''';·».· ~~:1'. :tl"$ .'<.' ".; ~; '.:" ,~"-'" J"-~":';'V-,-' .; .;..~ ''''''~'''è ~æe1fH" §~ 'nff . ~. ''''"'t ·c'. ¡~' ~S" 7 "- ~~. i1i '. : . '. .' . li~;. et: '.' F.' :...... :~.~ ?'" ',"". p' a~~ .;'~~1f1d~¡~~m~~f~í~~~tB~~¡,·;è0ã;m¡J&ifl.:iÞ~iil\féd . -'. J . ~"-.. .- ..",~ ·...0 ,.,. .I~ _-'_.. ..."..~ ,.~~...J~_._ JL ~, _'.' ~'^~.._U"U ," .' '" ·')t~$3~!qg.r.t<i ~p~"> ~( ýjët1t .. .>0 _ . ~.__~ .iR,~, ... .,(.~ . _".~1;1; . 7 . SEP~05-2001 WED 01:37 PM RAJKOWSKI HANSMEIER 3202515896 P, 09 · ~j~~~-~ 1'~~";""""";¡I:';iIj!1"" ~ '~f"~'''.~'''''jfj'''''_':'''''';'!i'!'''¡<'''''''::>::''C!''''C''''''T''~I;;J''~ '''-''(:~''':'!''";'>",,",. -~''',v~ ,', 11'. ~'" : '"~¡;¡;. '- """lj¡ "~" ·<¡¡.~~_líìirlilirM'ìS :,:rï_Ît, ".i'~ ". 'j~µ:;Ii~_j~ .~;'¡¡'''\~:"t::l';'~:'~~~f11~';;<'''¡~:;'':jf~:'':,i¡èjf":~r''œ I .:e" ." , . ,~, . ' '. m~·· ~,;çgm."p' e .~ '/', _~~';¡:"'i ,.,II! "'!,:'~'"""" ~ ,_....... ""_.~~.: . ..... -., . ...., ..!:c."'. ,~..,' · "'>.1¡¡'" ""~Jr.'~E'·-· '''''''''''' :.. . ~.ªL~i~:,.: ~~ '_:.~-', ~' ~:~- .." _ :~1- _,~_:". J \ I'~' ,'~T"··'-.'·~~"M!'~'"''''''Y'~'"'¡¡¡-''''8r*;'''··''\!r'''"'~·''' : '¡ " ~- ---"~."~. "mI"-' '~"-~'if"" ~lt)~r '~~ ~n .,. ~ Wi,1'~fi :,.... . ...~:v . . . '. t8i ,~ .~ !.; I . ¡, , ~~.;...: .~.:.,; ..' 't.. ..~~.;.'.', ¡~', ..~, ~ '11" ".: . : J I - .",;....; ",; ;¡ )'t ... -.:-,.~... ~ t·",..·~t<,h hi" _~W_~ß'~fGítd~~" ~-' mfJ'~'"~iI : ....~,'-~J~~i~..~W, ':'::~~:....." :, 1'·;~'4~.:', ..:::~I:"~~" ,'.:.d' ': ':. >~:~' ;' _.;~'.,:.._~_, ~~.-:, .:-;-; -,,~;.,:t~::,~;:... " ~!B\R~.. "..~. !"'ð;--~~"'~"~' ._.~,r.,' "'~R"'".r"h';"i\~~'··-' ,""~-~~k' ."...~ '"- ',' I.;;) ';". "",~ \\~ : '~ir" . :..,,~ ..' !þ,-~j "'~~~œ:1ï~t' . ',' rm"~ ." 'i .,. .,:," . · > 1,(,,>-1:1 ,.·~h :tt<:"""';'ÎI"")tktr:"" I '~'.1;¡¡·'.. "~'f._l;i;"'-' ,:q:..¡..... ,.~....~. .... ,...'01)..'1. '.,." :,>1" .... ....~,. I." ·n......"":, . .... "'. "l ...:1.... ~~.. . ;J.I'I~._'':''I·~1~:~r/· <"""~m' f ~:m~·"··~¡li·· ~ "ì'i-'~.' .~ nO ._._ ...,. J ~. ___.. , Œtm .,.".J.,m,~~.~, j Eiî;~~ · " ··~I: '111' -:. ..,,,.... .' ., "'I"'~ ·.~·"·'''''''m~~,,~,,'~'--''"''·r..._o¡>,J¡;'''''··'·'''·''''''''li··''''''''''~';j;''''')--'' ¡~<>iC'''-W-'~<Si''''''~'~:''''r-<- B ' . ' ...' .", -~. " .~,. ., -,'r '";,,. .''0 .., "¡fõt. . .... .....ij¡i ." ~. ,. ^<., '". ,.-"", .,.. '.',,~, if .. .~,- .' '. '", : '~~ :: ,.' :.'..'" ¡.. ..., 'f' "ULc~:~: "~""'.; ,."~~. :;i...;~. ~- :': :1: .~ïß..~~r"·"' , . . "':~' ,,'," T. ~~X: .·~:·~li;~. "'It~>··~^'·~~-~~""~""~"h ~M".~:;:;.;,~t,~~~;,~~';~~;~~'~;~igL;~;vJ~H~[.:';~·~.¡,. ..~' "..~ ._;~~::: ,~. \;.-.'~' - :.,~~~,.. -'...~.~,.,; 9 j!t~~j.B.~ºf~.J~~~ªt" ~.~E ·'>'·~";"'f·J""·"·i:I"'J"·;.!ë.">~ '~N"'··'~~·~~~;ii~~ "'-·~¡';·'·~·"l~:r··"··":;<·~ 'b1~ 11."...~. '>ii-'" '¡:i!jï;:'i!O';:~"i''-'' It, "'., :'~L'~" :,,' :]~:!,;,.,: ":. :';,.~.::~ ":ii..' _' ~ii·.;~·i· <_> .:-:": ,. ~. "~""'~.~'. - ",y ~' :>'~: ri ~" ~i¡' .,'.-..'<;;¡'¡ ..,......¡;; .~.., .' '..~f'l..h'" ".þ'¡;!..."".".:,-_~ '~ry"~ ¡'<Iã6' -"'..w"""."'/"''''~' "./. : :~'1 ' .-;':" ',,' 'f'-:": -~>;"": '.it ~ ..~ ' : -'-;.-:l .', . I' .' P ,'., ~.. .",\' '~.~:ii:-: "t '~:. ~....~I " :~' ~'. ..' .~ '¡:'1 '" - :. ,áIJ\,i~t~j,",,~",w.,.,",:",~.~,~,.'Ø"."'" .'~ ~Im§· -It~;~;ff.~ª~~~~ '~~~ ¡, ~ ..,:,: '1r:;¡: "', ,;-'" 'ffi~w·: · øa ;.¡.,~. "If. ' m;' "'.-1.... _iffi'·"",J','¡"'~''''<·''· .,.~. ..... _.,.<:i.,.... ,iii., , . - ,...--1:;, '- . .--.:..,. ,:. _.'-~. , ., ..,-. _m~iE¡I'''''' " . 'amt"'m1mw" ""':. _ ._ ..; .....: . . " :. "'>"~ . J-' _.~ _: ; _",~",...it! · 4.12 Certificate of Compliance, This Agreement shall remain in effect until such time as Developer shall have fully perfonned all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed performance of all Developer's duties mandated by this Agreem.ent, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contra.cted in accordance herewith by the City does not constitute a certificate of compliance and does Itot release the Developer from ongoing duties or responsibilities arising under this contract. The Îss-uance of a Certificate of Compliance does not release the Developer or any Surety from wananty responsibilities arising under Section 2.11 herein. 4.13 Park Contn"bution. The subdivider shall contribute $+ 1 ,692.49 to the City Park Fund in lieu of a dedication of land for parks, with payment to be made upon execution ofthis Agreement. 4.14 Cgtificate ofOccl\P3ncv. The City shall not issue certificates of occupancy for any building within the Development until the building has been connected to sanitary sewer and water and the streets in the Development have been constructed to the point of having a gravel base. The granting of a certificate of occupancy by the City shall not be deemed an acceptance of any Plan B Improvements or a waiver of any of the City's rights under t1ùs Agreement · 8 SEP~05-2001 WED 01:38 PM RAJKOWSKI HANSMEIER 3202515896 P, 10 4.15 Reimhursement of Citv's Gosts. Developer shall reimburse the City for all costs, including · all reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to tho negotiation, administration and enforcement of this Agreement and its,perfonnance by the Developer. Developer shall also reimburse the City for any add-to-con.struction costs related to the installation of street lighting within the Development Developer ShàU also be responsible for the cost of acquiring and installing street signage consistent with !hat used in othor recent developments within the City. Such reimbursement shall be made Within 14 days of the date ofmailing the City's notice of costs. If su.ch reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance ofbuilding permits unti I all costs are paid in full. The City may further declare a default and collect its costs from the security deposited in accordance with Section 2.5 of this Agreement. 4.16 Renewal of SecuriiY. If any escrow account or bond deposited with the City in accordance with. this Agreement shall have an expiration date prior to the Developer's obligations hereunder being complete, the Developer shall reneW such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security orrenew such secwity shan constitute a default and the City may place a moratorium on all construction or other work related to the Development, refuse the ÎSsua.nce of building permits, and declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the City as a security deposit in the same manner as the security tberetofore held by the City. 4.17 Pla.t Dedication. Upon approval and execution of this Agreement, the City shall approve the · final plat provided it otherwise meets the requirements of the Citýs Ordinance governing Subdivisions. If the Plat contains the dedication of an easement, the use of property within the area of an casement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing ofpe:rsonal property within the area of the easement wrnch eouId delay, restrict or impede access within the: easement area by a person or vehicle. 4.18 Additional Terms. The following additional terms are being made a part of tlús Development Agreement to continue in force and effect as though they~~~.~Qj~!j,.Q.'Qgc5lf the Plat unless accor~_~to their terms are intended to terminate earliei:::~'ßté;iC;q~~w """;"ì;1<-' ,~,.",.:t...~.a''''¡!"~~'";·'~~'"''''-;'¡'·'~~~K'''':'t:~;ffl'·''··'';w'',.;~, ,. "-,,.. _n -..-.. êæ¡ "~"'~fft~ " ",,··ti§n" . "œffs '. .""- .. . 'r~ '~~' ijüm",~ffii'ts, "-_',,:,:0\ J),)',~ .,..._"'.,......,....,~-........ "~,,,,,,,,,,,; _~,;< .... _1'...,,",,.-'" .,J,.>J ,...; "',,,",' ....-.....~I"A~-....- ......'- ;.&" ¡........ .1.I_.¡}g· ."",.....'-'-,_~._..I (a) Developer shall construct the holding ponds designated in the Final Plat of Indian Hills Park, including seeding, in accordance with the Plans and Specifications approved by the City. Final lot grading need not occur until a lot is developed. (b) No building slab for any structure constructed within tbe Development shall be lower in elevation than 1085.0 feet. (c) Developer shall acquire the necessary pern:út needed to install sewer and waterwithin the old railroad right-of·way, 9 · . SEP-05-2001 WED 01:39 PM RAJKOWSKI HANSMEIER 3202515896 P. 11 . (d) The water main on Northland Drive will be 10 inches in diameter and extended &outh to the south line of the Plat, to be connected to a 16-inch trunk water main which will be constructed at same time in the future. (e) Access to Lots 1 and 2; Block 1, shall be at a point where the line separating the lots ) abuts Northland Drive. Cross-easements for ingress and egress for the lots shall be granted to facilitate this common entrance. Additional access approaches to i Northland Drive shall be permitted only if approved by the City as part of a .. development site plan. / /m W~~i4ã_~&1~i1~~li~jlä~~fjìöiii¡Ut.~~ ' . ~'O;¡ ':_"''''-J'~.:.;::;~""-",?,,."..~.jli'i' </;';'r':<'i;F~;' . :~~~;~;¡it~~~"....;·",··'õ'· .. ". ~,;...~... ..... _. .~. ''';;'''.~ ',' . ,"... iriß:¡j,~ ;Kørt~~~~µJ.jf· .r.; ':ä~'~ "-"''''''''''mñ~ .:.......;... . . , ..>'.: '''''II~. ;t;:;1. . .. ,( ",:;\0"'''' ,,"1'-'"'' . .......:.. l.f,1üo~_ _...,~... ".1 '...... . .. _..!: The Flopert; will-not be. <bsc;ssoo. for th~ Góst vfth... 16 ~cll tnmk wata mAin at th~ tim, of wvuo=ibt.4\,it~vû. 4.19 Adoption of Ordinance bv Reference. The provisions of Chapter S of the St Joseph Code of Ordinances are hereby adopted byreference in their entirety, unless specifically excerpted, modified, or varied by the tenns of this Agreement, or by the final plat approved as approved by the City. 4.20 Grant of Option. Developer hereby grants the City the option to acquire an easement for street and utility purposes over, under and across the following descn'bed area of the . Property. The southerly 33 feet of Lot 1, Block 1; and The nortberly 33 feet of Lot 2, Block 1. The terms of the option are as follows: (a) The option will terminate ,Freeth.. ~~ ¡;¡'1J"'J.~vd of one (1) year from the date of this Developer's Agreement; (b) The option shall be exercised by the City by written notice to the Developer or the owners of Lots 1 and 2, Block 1, prior to tbe expiration of the option period. """"J. t~, (c~) Upon exercise ofthe option. the City shall pay additional consideration of$210.00. (d~) The City shall asswne the cost of preparing the document granting the easement. . 10 SEP-05-2001 WED 01:40 PM RAJKOWSKI HANSMEIER 3202515896 P. 12 <e:Ò The Developer shall execute and deliver the document granting the easement to the . City within ten (10) days of receipt ctä) The City shall not assess Lots 1 or 2 of Block 1 for any costs associated with construction of any street or utilities within the area of the easement, unless and ðXcept: (1) If any portion of either lot lying west of the east 70 feet thereof use the street for access; or (2) If any portion of either lot directly connects to sewer or water utilities installed within the easement. -, The Developer/Property Owners shall also grant a temporary slope easement to City ~) during the period construction occurs within the easement area. (trD The option may be waived by the City, by Council resolution, prior to its expiration. (1) The location ofthe area wbich is subject to the easement may be relocated by mutual agreement of the parties. (j~) If development ofI.,ots 1 and 2 of Block 1 occurs prior to exercise of the option, for purposes of setbacks and area, a road within the easement shall be considered to . exist. The City shall review MY development plans and consider variance requests in light of the potential use of the area subject to the option. Signed and executed by the parties hereto on this ~ day of .2001. ATTEST CITY OF ST JOSEPH By By City Clerk Mayor (SEAL) DEVELOPER: Dorian Davidson 11 . SEP-05-2001 WED 01:40 PM RAJKOWSKI HANSMEIER 3202515896 P. 13 · John Meyer \ STATE OF MINNESOTA ) ) )ss / COUNTY OF STEARNS ) / / On this _ day of / , 2001 before me, a notary public within and for said County, personally appeared Larry Hosch and Judy Weyrens, to me personally known, who, being each by me dcly sworn did say that they are respectively the Mayor and the City Clerk of the City of St. Joseph, the m\Ulicipa,l cotporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal c01:poration by authority of Us City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) · )88. COUNfY OF STEARNS ) On this _dayof . before me personally appeared Dorian Davidson and John Meyer, to me known to he the same person descn'bed in and who executed the foregoing instrument, and acknQwledged that they executed the same as their free act and deed. Notary Public Tl-llS INSTRUMENT WAS DRAFTED BY: ' John H. Scherer - 13076X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 N:\çity\ñ\joc\2001\ · 12 · · · To Mayor Larry Hosch and the City Councilmen of Saint Joseph. · This letter is in regards to the noise violation received on July 14th of 2001, and the resulting city council meeting on August 1st of 2001. We as current and future tenants of 121 East Ash Street would like to request a meeting with the elected councilmen and mayor of St. Joseph. We firmly believe that the decision the council made on the above date was not the most appropriate in concerns to not only the tenants involved, but also in for the college students that represent a large population of this city, the city council, and the community as a whole. We would love for the councilmen and mayor to take the time and meet with us and ideally schedule another time during a council meeting in which this subject can be discussed again with more knowledge of the situation at hand, and result in a solution more appropriate for all those involved. Basically explaining this case is a very complex task. For background sake, we · would first like to begin with the noise violation on the 14th of July at 121 E. Ash St. We are not trying to sound innocent or guilt-free here. We now understand and wish we could have involved the authorities on our own terms. There is a certain level of responsibility that needs to be taken and has been taken by the tenants. At this point there was only one full-time tenant that was on the lease at the house when the event occurred. It was a Friday night and the summer tenant decided to have his softball team over after a game for a barbecue, which the full-time tenant was a part of. As you probably know word spreads fast in a smaller town where activity for young adults is limited. As the night progressed there were people entering our property from all angles and destinations; bars, others parties, etc. The tenant at the house tried to control this by being polite and asking these individuals countless times to leave or get inside for fear that the noise was · · getting out of hand. A large majority of the people he had not known personally and did not respect his wishes in return. This is when the noise complaint was called into the police offices. Police arrived at the house and were apparently rudely greeted at the door by some of these unwanted guests that entered the house upon the police arriving. This compounded the problem and the police called for extra help and thought about the possibility of getting a search warrant. Once the tenant received news of the police at the back door he immediately went up to discuss the situation with the police and cleared everyone out of the house. He even invited the police inside the premises to make sure everyone was completely out of the house. The cooperation between the tenants with the officers was appropriate. Councilmen Cory Ehlert was quoted as saying, "This one is about as gross as it · gets people hanging of the roof, hiding in attics. These are grown young men, don't tell me that if they didn't want these people there they couldn't get them out, I don't buy it." Yes, there is some responsibility on the tenant involved, but there must be empathy in this situation. When there are 15 or 20 people inside a house that you really don't know and the police show up, controlling and limiting these kids is not an easy task, especially with only one tenant being at the house. When the tenant went outside to speak and cooperate with the police was when these kids started disrespecting our house and disrespecting the police by pushing out screens, climbing on the roof, and even breaking of a pad-locked door to enter a room and hide from authorities. The people were scared and acted on impulse. When comparing this individual situation with parties and violations that go on in Saint Joseph every Thursday, Friday or Saturday night during the · school, this is nothing. There was probably at its maximum 30 people at 121 E. Ash St. There was no supplied alcohol to any of the individuals at the house and that includes no . kegs. Before this event, two of the tenants were told that this house is on probation for a noise violation received last summer, also by summer leases. There was not, however, any mention of one violation resulting in an eviction. The lease stated that on the second violation the lease would be terminated and eviction would result. Knowing these facts alone the tenants anticipated hearing from their landowner Bill Tallmann about a possible fine for a noise violation. A while passed and still no mention of anything from the landowner or house manager. Then on the Tuesday before the city council meeting we were scheduled to appear at, a tenant on the lease that had not moved in yet, received a call from Bill stating that we were getting a $300 fine for noise violation and five $150 fines for a party, which is what our lease states. We also had to meet with the city . council to explain our actions. He explained the city council meeting as "standard" and every time he has gotten any violation he has gotten the letter he received from the city of Saint Joseph and had to meet with them. Many of the full time tenants who had not moved in yet either had to work or lived too far away to make the meeting. It was understood that they were not important to this meeting because it would not concern them, the fine would be paid by the tenant that had been residing in the house at the time. So we were not anticipating anything more than explaining ourselves and our actions to the council and at worst getting a hefty fine on top of the one we were already receiving from Bill. The meeting itself can best be described as "blindsided". The meeting started like we expected, explaining the problem and reasonable ways to relinquish this problem. . · There was plenty of discussion on fines and deterrents to this conflict. Then the solutions to the problem greatly shifted. We are unaware what the cause of this shift truly was. Was it the threa~ of those two ladies to the council that caused such a spectrum of possible soluti09' ? We really do not know, but soon enough there was talk of revocation [ [ or suspension [Mr. Tallmann' s renter's license. As these topics were discussed the two ./ tenants attending the meeting had no idea of the ramifications of these outcomes and had to eventually ask the council what these terms mean to the tenants involved. The council replied by saying this would result in the eviction of the tenants from the house. This is where the blindsided aspect comes in. This was the first time the topic of eviction was ever mentioned to the tenants and they had no clue on how to react to this punishment which immediately seemed severe, and to "not fit the crime" sort of speak. After the · stunned stupor of the possibility of being homeless wore off, the decision was already being made. The city council decided unanimously to suspend the license of Bill Tallmann for one year with a fine of $1000, meaning the tenants would have to be out of the house in 45 days from August 1 st. To us, this seemed like a short term solution to a long term problem with no real resolved outcome. Our main concern is what the council is trying to accomplish by deciding on this punishment. Obviously you meant for this to soothe the underlying conflict between the residents and the college renters, but is this going to get anything accomplished? People keep talking about community and getting "their" neighborhood back. Are we not part of the community and neighborhood? Students pay to live there and have been living in these neighborhoods for a long time. We are a huge part of the community not only in · numbers, but also as far as the economy is concerned. We are not crazed lunatics or simple r4's. We are people who have been part of communities all of our lives. We are . going to a higher education institution. We are the future and not the underlying problem here. The council and certaiI]. fyllow community members cannot cast us out as a \ \ scapegoat to all that has ever go~e wrong and classify us as the 2% of students who do create havoc. It seems like this whole burden is being brought down on 5 guys who have not had a chance to move in much less get to know our neighbors. There are three college houses that border 121 East Ash St. and forcing five college students out of their house is not going to solve anything. It wouldn't even delay problems that could come up in the future because of the other houses directly around 121 E. Ash St. Bill Tillman was even quoted as asking, "I don't know what to do here; I am asking you for suggestions. What can I do to slow this problem?" Councilmen Loso replied by saying, "I don't know you are the landlord, that's you're property not mine." . Rather than logically think through this case and come up with alternatives that would solve this problem, rather than delay it or make it look like the problem was being solved, the council took the easy way out for themselves. Suspend his license, get rid of these kids and make an example out of them. Is this not why we elect councilmen to solve problems that is best for the community in its entirety. We have to think more deeply about the situation rather than look at the surface. We need to make an attempt to discover the underlying effects such a decision woúld have on all parties. In the council meeting on August 1st councilmen Ehlert was quoted as saying, "My goal is not to displace the tenants, but to put the responsibility back on to the landowner." Also Mayor Hosch was quoted as saying, "A lot of times these fines don't hold much water, the largest fine we can give is $1000, that's $200 per renter." With this . . being the case, let's add up the plus and minuses for the landowner, tenants, and neighborhood. The landowner, who seems to be who the council was trying to punish most severely during the council meeting because of the house "history", is William Tallmann. As ~result of this suspension given out by the city council he loses the ability / ' I to collect rent for 12 months. This comes out to be a financial hike of about $12,000 to .I $13,000 out of his pocket. His only punishment is that of a financial one. Next we will look at how the neighborhood comes out on the council's decision. For a house and neighborhood that has been burdened with so many problems between college rentals and residents as explained by Bob Loso, "I am really concerned about this neighborhood; this is a really bad subject in that neighborhood rentals. Consistently I have the same people calling me on this." For an extremely concerned neighborhood (that also is home to three . more college houses) there really did not seem to be much worry at the city council meeting. Two ladies that live a block down the road finally came about half way through the meeting. Now let's look at the impact that this ruling has had on the tenants of 121 East Ash Street. As a result of this violation the tenants are forced to pay the $105 noise violation ticket from the city, five $150 party fines from the landowner, along with one $300 fine for noise violation according to the lease agreement. On top of these fines the $1500 security deposit is confiscated upon eviction along with rent. The city council also made a ruling with another fine of $1000, a fine which alone would be only the second time the council has given such a fine. But, the council, along with the $1000 fine also suspended the license of our landowner. With this decision comes the eviction of the tenants within 45 days, which is 27 days before the start of classes and 11 days before the . beginning of football. Now as many of you probably realize (hopefully) a nice economical housing opportunity for college students in St. Joseph is a rarity. We found, · and agreed to live in 121 E. Ash St. during August of 2000. Cory Ehlert stated, "My issue here is, wellt guess that's not my problem. The tenants are out." This seems to be \ \ the city councils job, to consider the concerns of every member of the community including those of college students, that whether people like it or not, we are members of this community. The council never considered that for these five individuals finding a new residence that can accommodate everyone would be extremely difficult. Even the jump in rent from this residence, which is about $250 a month to the $375 a month rent for a villa or town home (if Available) could easily add up to around two thousands dollars for the year per individual. This is economically unfeasible. Also what must be considered is the time spent on getting this house into the condition it is right now. Literally hundreds of man hours hauling out four dumpster loads of garbage, laying · carpet, painting walls, and bringing in furniture and such would all be nullified if we were forced to move out. Also little things like activation and installation fees for hooking up television, phone, and internet which combine to run around $100 to $150 would be lost. It took a lot of time and money to make this house, our house, respectable. Another thing to factor in is renter history for the tenants. If we try to move and find a place in the future in St. Cloud or the cities, we have to carry an eviction with us. This is especially viscous considering only one of us was there and some of us were not even moved in yet. These are important things to think about and ask yourself does the punishment really fit the crime in this case. Does the positive outweigh the negative? In my opinion the answer is definitely NO. · . A major point in the case against 121 East Ash St. was the history behind this property. According to our understanding and the information from the city offices there were violation reports written for 1994 and 1995, also the \test in 6/25/01. This is two violations in the last six years. With both violations being In the summer and quite minor i at that. With an estimated 15-20 people at the party in OW and around 25 people in 01'. i ) When compared to gatherings.that go on during the school year these aren't even "parties". This is like if we were to lease a car and get pulled over for a speeding ticket. The consequence should be dealt with. Pay the speeding ticket and go on with a warning not have the car impounded and pay thousands of dollars in fines. Mayor Hosch stated in the last council meeting, "The renters might be in an unfortunate situation that they moved into a house with a history". If the city realizes that they are- having problems . with a certain house throughout the years and have concerns about the neighborhood that seem to come up every year, why not give some kind of written warning. This seems to be our biggest problem. We move into this house (some of us) with the feeling that if for some reason we run into problems with a violation according to our lease, we will be fined by the landowner, and after a second violation according the lease we will then be evicted. Other than that there was never talk of any possibility of an eviction. Reading a report from the violation in 1995 there was mention of an orange notification card that informed the tenants beforehand that upon one more violation there was a possibility for an eviction, why not keep this policy. This would keep everyone informed on the ramifications of another violation and act as a deterrent for future problems. As a result of this past violation some appropriate action must be taken. After . adding up the plus and minuses for all parties involved we feel, as tenants, feel as if the we are being unfairly burdened with much of the responsibility. Some type of . arrangements or compromises must be made to adequately place the blame where it is deemed appropriate. This is honestly a case of discrimination. We.ar~ not big pushes of \ discrimination. We have a hard time believing that if 121 E. Ash St. \Vere to be rented out as a triplex. For example, there is a family of three in the basement, a married couple on the main floor, and three friends living upstairs. They all get along and decide to have a gathering. Things get a little out of hand and a noise violation occurs. We truly don't feel that the family and other tenants would be thrown out on the street because to the history of the house. However, because we are just five college guys, it is really no big deal to let them bear such consequences and use them as an example. That seems awfully unfair to us. There was already some action that seems to lean towards stopping these problems when Bill Tallmann evicted the summer tenants and agreed to put an end . to this practice which has been at the roots of these last two violations. There are several suggestions from several different concerned parents, friends, landlords, tenants, and lawyers that we believe should be considered. The first being the suggestion of having the city take over the lease for this house for the remainder of the suspension. Hiring a third party landlord (Tim) and having our rent go to paying him and the remainder going to the payment of fines and to the city. This was provided by Bob Pottratz, the city attorney in Melrose and possibly our legal representation in this matter. This seems adequate in the fact that it would not displace the tenants. This would also, "place the responsibility back on the landowner", as Cory Ehlert stated he would like seen done in this case. Other possible solutions to this would be after our lease is up, as punishment take away the grandfather status of the landowner, thus curving the chances of parties and . . . eliminating some of his rental income. Alternate methods to curbing this problem would be to start the suspension after the house license and leases are up at the end of this year thus honor both of these legal agreements.. ~Ob Loso was quoted as saying, "I think this is the right thing to do for the neighborhood,Crevocation). We need to take some / appropriate action to stop this." Approp~ate action? As far as trying to solve the problem between the residential and rental community by evicting five students from one college house for one year seems pretty minuscule in a college community that has been a college community for many years and will continue to be a college community for many years to come. This is not addressing the problem at hand. This solution is just scratching the surface of a much larger issue. There must be some kind of community togetherness between the two somewhat polar groups. This could best be accomplished . be getting to know members of the neighborhood you are a part of. With us planning on living here for the next two years there is a definite possibility for community building. College age students have many attributes to the community as a whole that have failed to be seen because of the tense situation in many neighborhoods between the two groups. We have volunteered to spend time with the child day care behind our house and the family day care adjacent from our house. These are positive steps we are looking at making to eliminate these problems in the long run. It is just that we were not given an opportunity to meet members of the neighborhood and establish a relationship, because our entire time at this residence has been consumed by either moving in, or worrying having to move out. We need to be given an opportunity to do some of these things and I truly believe that you and other members of the community will be delighted at the . results. ".. ~ . Spirit Week Parade Proposal What: A celebration in the form of a parade that involves students of the College of St. \ ) Benedict! S1. John's University and includes guests from the St. Joseph Community asd / spectators. Possible parade entrants will include: teams, clubs, businesses, departments I J and on and off-campus residents. There will be a combination of floats, walking groups, and vehicles. The participants will compete for a prize and be evaluated by judges. When: Wednesday, October 10th, 2001 at 6:00 PM, the line-up will begin at 5 PM Who: Participants will be students from the two colleges and local businesses. All members of the community are invited to attend the parade including St. Joseph residents, College students, Faculty, Staff, and the Monastic Community. Why: To provide a fun, entertaining activity that engages community members and . strengthens the ties between St. Joseph residents and the students of St. Bens and St. Johns. Where: The line-up will begin in Lot 5 near the Haehn Campus Center at the College of St. Benedict. The route will begin by winding through the campus going past the Benedicta Arts Center and Lottie Hall. The participants will continue to go straight until they reach Minnesota Street. They will then take a right onto Minnesota Street and continue past the S1. Joseph Lab School to the comer of Minnesota and College A venue South. The participants will then take a right on College A venue South and proceed down the road until they reach the main entrance of the College of S1. Benedict where they will return to their starting position in Lot5. Requests: The colleges request of the city a permit to block off Minnesota Street and . South College Avenue from 5:30 to 7 PM on Wednesday October 10th, 2001. With your , permission, we would like to borrow road signs to detour cars from the parade route. In e addition, we would like to borrow barriers to block off Minnesota Street and South College Avenue. We would need barriers at 3rd Avenue NW and Minnesota, 2ND \ ì A venue NW and Minnesota, 1st A venue NW and Minnesota, College A venue North and Minnesota, East Minnesota Street, and 1st Avenue SE and College Avenue South. We would need a total of 7 barriers to block off St. Joseph Streets for the parade. The College of St, Benedict and St. John's University will provide security for the event with student volunteers directed by the College Security. We estimate roughly 30 entries in the parade and believe it will be completed in a half an hour. Contacts for the Event: . Staff Advisor: T. Todd Masman- 363-5038 Student Coordinators: Mandy Grosser- 363-6118 Sarah Miller- 363-6356 . . .' ~'. C· ~ :. . --- - - -- - _ _ _ _ _ _ _ _ _ _ _ _ _ _'-- _ _ _ _ _ _ __ ____ _ , I --- , ~: I : I I I I I I ' . I I. 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I !\l.-:I- I '. V) . I Y!.~" i-l-- ¡ ~ _ ~._~ .~... i ===<::;~.I§L.E _ ~ I ~ . I ~ ~ - .~. 1---1"\ I ~ -------~-----(--------- eE ~ð~~.· g~g [-; =:::w-!'-8~ ---r----- ...,f- v ~t)JJmf-;XI ..~ I := ~ ~~... . . Ii: i .. f- \ ~ {\ in I I bd~ ~._. tJ: ~ . I IHH l I I If J!~! "~.~~ ... - - - -, I I I' "ï I I EEEEEffiJ ¡: IJ ¡' I ~I I I ~-- I ~ ~--------i-------------------j----m--- þ{ß ~ ~ ~í ~;; I '\" : I ì'Ãl I 'A I I ~. I.. ¡ I '~\I I' ! I t I . ,." : I : ! I I ~ c . Events for Spirit Week 2001 · Tuesday, October 9th. Bennie Day · Prayer service- 4:30 PM · Dinner in HCC Atrium- 5-7 PM o Student Talent Performing during dinner ,. · Ellis- female vocalist- 7 PM in O'Connells Wednesday, October 10th · Parade- 6 PM, Line-up 5 PM, Lot 5, HCC · Lip Synch Contest- 8 PM, HCC Alum Hall Thursday, October 11th · · Dorm Competitions- CSB Mall??? Time??? · Hot Bread Night- BWP??? Time??? Friday, October 12th · Capture the Flag · Campus Band Night · Late Night Activity Saturday, October 13th. Homecoming · Bennie Warm-up- 9:30-11:30, Mary Commons · Taste of the Saints- Time??? Sexton Mall · Boogie Wonderland- 10-1 AM, SJU Old Gym · o Load-in for band- 1 PM o clean up chairs & tables- 5-7 PM ,!Ii . itg of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-720 I July 27,2001 Fax: 363-0342 CLERK! ADMINISTRATOR Mr. Mike Deutz Judy Weyrens PO Box 634 St. Joseph, MN 56374 MAYOR Larry J. Hosch RE: Violation of Ordinance # 65 COUNCILORS Bob Loso Dear Mike: Cory Ehlert Kyle Schneider Alan Rassier This letter has been prepared to provide you with notice and information regarding an alleged violation of Ordinance No. 65 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on July 16,2001. (copy enclosed) . The St. Joseph City Council will review these allegations and consider . appropriate action including a monetary fine as detailed in Ordinance 65. The meeting will be conducted on Thursday, August 16, 2001 at 7:30 p.m. in the St. Joseph City Hall, 25 College Avenue North. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type, you must contact the City Clerk/Administrator in writing at least seven days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least seven days before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation (s) alleged herein and reported by the complaining party. If you waive your right to hearing, or if- an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the - Council will proceed immediately to consider a disposition. - r Mr. Mike Deutz . July 27,2001 Page 2 You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. Sincerely, Judy Weyrens . Administrator/Clerk cc: John Scherer Mayor and Members of the City Council Police Chief Gary Will, Jr. - -- - .- 5T. JOSEPH Page 1 Case No. 01001977 =»OLICE DEPARTMENT Beal RplDisl Type: Seq: 1 CITY ~rime /Incident Attempl Occurred Date Time Day 685s1a Sale of Tobacco to Children D On or From 0711612001 17:40 Mon .ocation of Incident To 0711612001 17:43 Mon ST. JOSEPH LIQUOR, ST, JOSEPH, MN Reported 0711612001 17:40 Mon Dispo 'V" = Victim 'RP' = Reporting Party "'N" = Witness oS' = Suspect "0' = Other Lasl, Firsl, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone S JOSIE, W F 0 0 0 (320) .ddress DOB DL Number Stale Work Phone II MN (320) ~ity, Slale, Zip Code SSN LocallD # ISlale# FBI # ST. JOSEPH MN 56374- Last, Firsl, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone 0 MARTIN, NICOLE LYNN W F 16 0 0 BRO GRN (320) ddress DOB DL Number Slale Work Phone 2600 S 13TH ST 02/22/1985 MN (320) ;ily, Slale, Zip Code SSN LocallD # 1 Slale # FBI# ST. CLOUD MN 56301- Lasl, Firsl, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone ddress DOB DL Number Slale Work Phone ily, Slale, Zip Code SSN LocallD # ISlale# FBI# . Lasl, Firsl, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone ddress DOB DL Number Slale Work Phone ity, Slale. Zip Code SSN LocallD # ISlale# FBI# mops is : Conducting tobacco complience checks, I sent Nicole Lynn Martin 02-22-85 into St. Joseph Amoco to purchase cigarettes. Martin walked through the convenience store and into the connected liquor store. Martin went to the counter and asked the employee, only known as Josie, for a package of Marlboro Lights. Josie sold Martin the cigarettes without asking for identification. Originally, I thought Martin had went into the C-store to purchase the cigarettes not knowing she walked through the store into the liquor store. The employees at Amoco did not sell to Martin. Was there a witness to the crime? N Conlinualion D PropertyLisl ·ŒJ Property Damage $ : $0.00 Attached : Attached Was a suspect arrested? N Press D - Is a suspect named? N UCR: 26 Release: Domeslic Violence Case: D - Can suspect be located? N :J Gang Relaled : N Hate Crime: D Victim Senior Cilizen: D ri Can suspect be described? N :( Can suspect be Identified? N Pursuit: D Force Used: D Child Abuse: D > ..J Is stolen property identifiable? N :> Is there an unusual M.O. ? N Disposition: 'I) Is significant physical evidence present N Solvability Point Tolal : 0 Connecting Case # Is there a majorinjury/sex crime involve N Is this a high profile incident? N Is there a good possibility of solution? N Assigned To : Date: II -f: Officer Dave Windels 7710 I Reviewed By : I ~a~: - nsed to; ST. JOSEPH MN POLICE DEPARTMENT *01001977* ~ . Case No. , ST. JOSEPH Page 2 01001977 POLICE DEPARTMENT Type: I Seq: 1 Crime /Incident I Aër Property Report 609.68551a Sale of Tobacco to Children Item # Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR 1 TOBACC MARLBOR K Description D Stolen Value 0 !RJ Evidence Value 5 ONE PACKAGE MARLBORO LIGHTS n Recovered Value 0 D Safekeeping Value 0 Location I 0 Damaged Value 0 Seized Owner Owner Address J ST. JOSEPH MN 56374· Item # Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR Description o Stolen Value o Evidence Value o Recovered Value o Safekeeping Value Location I 0 Damaged Value Seized Owner Owner Address Item # Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR Description o Stolen Value o Evidence Value o Recovered Value o Safekeeping Value Location I 0 Damaged Value Seized Owner Owner Address Item # Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR Description o Stolen Value o Evidence Value n Recovered Value o Safekeeping Value Location I 0 Damaged Value Seized Owner Owner Address Item # Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR Description o Stolen Value o Evidence Value n Recovered Value o Safekeeping Value Location I 0 Damaged Value Seized Owner Owner Address Item# Tag # Article Brand Model Serial No. (or Drug Type) OAN UCR Description o Stolen Value D Evidence Value o Recovered Value o Safekeeping Value Location I 0 Damaged Value Seized Owner Owner Address - Officer ID: Officer Dave Windels 7710 I Reviewed By : I DÎt~: t r- Licensed to: ST. JOSEPH MN POLICE DEPARTMENT 01001977 ,. <,. . 'I· .. TOBACCO BUYER REPORT · St. Joseph Police Department ICR# (J7oo Date of Attempt: 07-(b-v{ Time in: /1 ~o Time out: L 7 <.{ .5 Name of Business: !4¡J10¡"O (c;.¡4-5 4 ß,A lí ) ./ Address: fi <; }vI ST. w St. Joseph, MN 56374. My name is 1..\ i Cf) it: . I am.tlD- years of age. My date of birth is: 2- f2 2/~ '5 J I I was born in'Jt , t\ 0:>W county, State of ~\ . of' S PURCHASE tel I purchased, fVT ftfLtß v~ LI Cv J-1 -r J , a tobacco product and paid $ ~ to (describe tobacco product purchase~) the seller described below. REFUSAL TO SELL . I attempted to purchase . b . , S , a tobacco product, but the seller: (describe tobacco produ taken to counter) ~efused to sell to me. ( ) asked for an ill and when I gave my excuse for not having an ID refused to sell to me. ( ) asked my age and when I said my true age refused to sell to me. SELLER DESCRIPTION . The clerk/cashier is: (describe) Male _ Female L Hair Colorbbn4t- Heightf)'lD Weight 12-0 Age \ ~ c. ShirtlTop Color .!:2la. tt-ttm \r Trousers/dresslbottom color Jt~ S Other (ID/name badge, etc.) --.1J A At the time of the purchase I did not possess nor did I display any form of written identification. I have read the above statement and all facts are true and correct. Print Name: s¡gnarurell,(lðh f¡dlJ;tA Date I /¡ lD /0 I . I I - Witnessing Officer: _ Print Name: Signature Date PETITION FOR ANNEXATION . TO THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: IN THE MATTER OF THE PETITION OF CERTAIN PERSONS FOR ANNEXATION OF UN- INCORPORATED ADJOINING PROPERTY TO THE CITY OF ST. JOSEPH, MINNESOTA: We, the undersigned, all the owners of the territory described below, hereby petition the Council to annex this territory to the City of St. Joseph, Minnesota, and to extend the City boundaries to include the same, and for that purpose respectfully state: 1. The territory to be annexed consists entirely of platted lands which have been duly and legally made and certified according to the laws of this state and file in the office of the recorder of Steams County, Minnesöta. All of the lands lie entirely within the County of Stearns, Minnesota and the description of such lands is as follows: (Insert legal description, including acreage - attach additional sheets if necessary) 2. The territory described above abuts upon the City Limits at the 11tJvfh. boundary thereof and none of it is presently included within the Corporate Limits of any Incorporated City. 3. The petitioners are in need of municipal !J ~ J. /.J-V.ul!lt..- service. 4. All of this territory is urban (or suburban) in character and occupied by t / fl-c. f\.1V 7 or is vacant - land. . 5. The residents in the area will increase the population by ~ð 6. All of the property is within the /d year zone of the Orderly Annexation Agreement between the Town of St. Joseph and the City of St. Joseph of February 6, 1998. 7. All of the property owners of title exceed the required percentage to constitute a sufficient petition under M.S. 414.033, Subd 5, and the percentage of parcels of property in the affected area according to Section 7 B of the Orderly Annexation Agreement between the Town of St. Joseph and the City of St. Joseph. 8. The acreage of the parcel requesting annexation is c¡: 26- acres (include to .00 of acres) 9. The fee for annexation of the above described parcel is $ I()() ~ ($5.00 per acre, $100 minimum) ALL OF THE PROPERTY OWNERS OF TITLE Signatures.. Emes Date ~ /:20/0/ "ß/o1uÆ t07Y\JA , /ß<f'.C.- ¡;iJ!!!iIf-~ ¡ /' £() I I . RECEVED BY ¡/;&) /0 I Dcrte I :~ I ' Î : . I ; I : I ,\~. I , . ,. 1 :. ~ I I I ~l I ' I I «I ' '~ -- -----------------------1------------- - - - - -------- 1 I ~ I ~ I ~r- !t I :. ,\ 1 I'" 1-1/ ~ I , ~: I ~'--" I , . ~ ,-. I . . Ii J; ¡ áfEEEEB I I !.. I I _ _ _ ... . , . /' ~". ~~ i t I I I ~ I I I ~, 1-j!=j \ I ~ I ~~~\¥ 'JlJ:I_ ; I I - ~ f- . I [¡ ! _ :--, >::: 1_ . I 8 ; I ,f~ ;:3"~ >- 8 C I " ¡ s! f- l-iT ¡' J u f- 1"4 ¡ I -----~---~~"- ~~iffB - , . 4) '?, I ~ v-= -: ~_ c::::J ---u-----r---------- I ~ "1'1 .~~~~, >- , G) I _:--~_f\1l_111 UI (!- i g~ o I U d2 - I !I I~ -rrr ,-- rr- . I-I "" 1 ~ . ~. J I ¡. LJ J I * L . . I J I . ~ 8 ~', · I ¡: : If) ø I I 0 ~ ~ ,,I --.. '" _, '. Ii: . z V) - æl 1\-1 '. I I I _C/[)_ - - - - - - - - . " IT re I I 'f . 1111- - -----I----------@t-----------r------------ ~ ~ 'II . AE. . I / , >-ß 1ß; I" "" J!II1'",.' . I : : . HEæHEfEB / ',n. I l' I , <:) - " I I . . ~ . . I I I /" 1 1 1 I, r- 1 , Y I '~ ~'~, II~' u' LLI ~w-fCt~ 'è I j" - K L .-" V' _ ./ I ~:.l1 ' ',r- ~ vi .. .'" I ~ " . '. ,," t~ -1 I~) f= -------j- / ~'"' 111111,' ~~~ II ~_ --ï---- ___,'-1'111111 ~ lj~7\~~ u '_Ill ¡ {\ øf\"" '" ~ I @ - ,- I - ")=,::; d,~ '/ 1-:= I - j; Í\\ r-- ~ I - 1- '/llTTV ".) - :== . 1/ ~11 , .. µ.... I .'-----. iVL~_ ..: ~:.-.~ I......¿-/ " 1 \¡\-\ 1 / .~ I t: I ~ ' \ I ~ 1 ~ ___~_L_ ---------- --4------------J ________~------------------_ I I I ------ ® ~' I I I I I I I I I I I I . , 1 I I I I I -- ---- , - I I J ~ I , I I I I f I I I , I f I. ._. .__ __ ._ _ _ __ _ _ _ ~ _ _ _ _ _ _ I -- -- - - -------- , . VRaikOWSki 11 Seventh Avenue North . ~~~~~~~! Ltd. P.O. Box 1433 St. Cloud, MN 56302-1433 August 27, 2001 320-251-1055 Ms. Judy Weyrens Toll Free 800-445-9617 Clerk Administrator of the City ofSt. Joseph Fax 320-251-5896 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374 rajhan@rajhan.com Re: Cable Television www.rajhan.com Our File No. 21037 Dear Judy: An attorney for Seren suggested that the City go through the notice and application procedure again with respect to the Seren ftanchise to eliminate any questions regarding . the procedure. It appears as though the notice was to be published twice and Carrie may have only had it published once. Although I rather doubt that a court would take any action to invalidate the ftanchise in light of such a small technical issue, to avoid any such costs, it may be wise to proceed with republication. Why don't you discuss this matter with the Council to see if they would be willing to Frank J. Rajkowski .. reissue the ftanchise and avoid any potential issues regarding its validity. If so, Seren's attorneys will take care of the paperwork. I also assume that they would reimburse the Gordon H. Hansmeier City for any out-of-pocket expenses, such as publication. Let me know the Council's Frederick l. Grunke wishes in this regard and I will coordinate the matter with Seren's attorneys. Thomas G. Jovanovich ° Very truly yours, John H. Scherer ° 'aul A. Rajkowskio RAJKOWSKI HANSMEIER LTD. Kevin F. Gray Nilliam J. Cashman 1ichard W. Sobalvarro '}atrick J. Larkin >usan M. Dege IRS/tnf _eAnne D. Bartishofski e. Rodlund Enclosure >ðfah L. Smith =rank J. Rajko\NSki and Richard W Sobalvarro are admitted to practice in North Dakota, Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. Rajkowski in Wisconsin and William J. Cashman in South Dakota. . . Member of American Board of Trial Advocates. -Qualified ADR Neutral. Please print the followim! notice in St. Joseph's newspaper of 2:eneral circulation on . , AU2:ust and a2:ain on , AU2:ust . Pursuant to MN Stat. §238.08l, the City ofSt. Joseph hereby requests applications for, and announces its intent to grant, a cable television franchise to provide cable television service within the City. ì All applications must be notarized and submitted by mail or delivery to (insert name of City official and address) by (insert date 20 days from date of fIrst publication). The City desires to grant competitive franchise for systems of at least comparable design and service quality of its current provider(s). Applications will be evaluated based on the legal, technical and financial qualifIcations of the applicant. A public hearing will be held at (insert date, time, location) to provide all applicants and others with opportunity to be heard on the applications. For further information, please contact (insert city official name, address and number). All applications must contain, AT MINllvIillv'I, the following information: (1) Plans for channel capacity, including both the total number of channels capable of being energized in a system and the number of channels to be energized immediately; (2) A statement ofthe television and radio broadcast signals for which pennission to carry will be requested from the Federal Communications Commission; . (3) A description of the proposed system design and planned operation, including at least the following items: (i) the general area for location of antennae and the head end, ifknown; (ii) the schedule for activating two-way capacity; (iii) the type of automated services to be provided; (iv) the number of channels and services to be made available for access cable broadcasting; and (v) a schedule of charges for facilities and staff assistance for access cable broadcasting; (4) The terms and conditions under which particular service is to be provided to governmental and educational entities; (5) A schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or different connection of services; (6) A time schedule for construction of the entire system with the time sequence for wiring various parts of the area requested to be served in the request for proposals; (7) A statement indicating applicant's qualifications and experience in the cable field, if any; (8) An identification of the municipalities in which the applicant either o\vns or operates a cablë system, directly or indirectly, or has outstanding franchises for which no system has been built' (9) Plans for financing the proposed system, which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital; (10) A statement of o\vnership detailing the corporate organization of the applicant, if any, including the names and addresses of officers and directors and the number of shares held by each officer or director, and the intracompany relationship including a parent, subsidiary, or affiliated company; and (11) A notation and explanation of omissions or other variations with respect to the requirements of the proposal. ::OŒvIA \PCDOCS\FBDOCS 1 \2548227\2 . òt · ðS ~ ~. (~ g ~ '-j-: ~ vs to ~.. YS ~17 ", --- -. - '.- ------~------- - ----.-.--------- . 8 ~ %\ " ~, \\:: <JI III I --, :: \J ~ ~ 2 I I \u ~ > ~ "II: x Å '- ~ "c- III ~ :8 'J ~ q~ -tJ =ã c ('\ ~ en \~ 5 ~ ~ . --.. ~ ~ l J 0 ~ -~ > v, ~ CO) , 0 \.. 1&1 ð) ~ l; : It ~'" - .... ~C\I~ž fI ~. .: .,. ~ ~ g Z III \J"- ~~ ~ 'xm- ~ = ~ 'A ~ 0 c: :I (,) .,~ V, C') CQ.!:.. ~.. C\ì d ::E i I, ~ 'A ..... a.: ¡¡¡ . /~ . V, (0 (1 . . ã: - ~ ~ / ~ ~ ~ ¡¡ \ 't: : ~ . i ~. I ~ .... ¡ L ~ s ~ III Q AUG. 27. 2ØØl 3:31PM CENT"RFL ~ /'me TF NO. 558 P.1/1 STEARNS COUNTY SHERIFF'S DEPARTMENT . Jim Knstreba, Sbet"iff Doug Pearce, Chief Deputy w2iT~1 \ LAW ENFORC~ENT CENTER 807 GourtnOiJSQ Square P.O. Box 217 I St. Gloud. M~ 56202.0217 / I J August 27, 2001 . Judy Weyrens Administration/Clerk City of St. Joseph 25 COllege Avenue N.W. St. Joseph, MN Dear Judy: Thank you for your letter laining the City's deåsion on police services for the Oty of St. Joseph. I realize that it is a difficult dedsion and I know there is a great deal of . support for contracting ju as there is for retaining the Police Department. I firmly believe that all the resld ts of St. Joseph will be very happy with the services we would provide. I want you, Mayor Hosch, nd the City CQundl to know that we are still very interested in helping provide service the Oty of st. Joseph and would certainly be receptive to any discussion or negotiat ns. I think this would be a tremendous opportunity for the City and the Sheriffs Offi . ~re~ I m ~ostreba Sheriff JK:lj . Non-Emergency; (320) 251-4240' Admlnlstrat OffIces: (320) 259-3700 F8!C (320) 259-3963 · Civil Department: (320) 259-3720 Fax: (320) 6SS-SSSO . ail Administrative; (320) 259-3750 Fax: (320)259-3792 itg of St. Joseph. 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-720 I Fax: 363-0342 August 19, 2001 CLERK! AD~!INISTRATOR Judy Weyrens Sheriff Jim Kostreba MAYOR Law Enforcement Center Larry J. Hosch PO Box 217 COUNCILORS St. Cloud MN Bob Loso Cory Ehlert Dear Jim: Kyle Schneider Alan Rassier On behalf of the St. Joseph City Council I would like to thank you for the proposal to provide police services for the City of St. Joseph. As you are aware this issue has been somewhat controversial. At this time the City has decided to continue providing police services through the St. Joseph Police Department. However, the Council would like to keep open the option of discussing this again at some time in the future. Again, thank you for your time in preparing the proposal. If you have any questions please . feel free to contact me at 363-7201. Sincerely, ~~~ J dy¡ Weyrens ßì. ministrator/Clerk . 0' . The City of St.. Joseph Planning Committee August 1, 2001 and City Council 25 North College Ave. St.. Joseph, MN 56374 Re: Rezoning of residential property to commercial business property along Highway 75. Dear Planning Committee and City Council, I wish that I could stand before you to relay the problems that I have been struggling against. It concerns me trying to sell my home and the proposed rezoning. Perhaps after reading what I have been going through you win reconsider that of which is proposed and rewrite a proposal that will benefit the residents involved. It is guaranteed that the other residents involved will have the same difficulties that I am experiencing when they decide to sell there homes if the current proposal goes through. The closing date for my home was suppose to be July 31 st. On July 26th, my Realtor called and said that FHA would not allow the loan to go through. FHA recently added a guideline stating that they will not fund loans with properties that are zoned commercial. Our thought was, why is FHA deeming my property commercial when in fact it is as of today R 1 . residential? Well, the underwriter for some odd reason wrote that my property was commercial. My Realtor called the city offices to find out the zoning and was told that it is in fact Rl residential, but the zoning is undergoing a proposal to change. We submitted an appeal to FHA stating that the property is RI residential and reluctantly had to state the fact that it is undergoing a proposal to change, FHA again would not allow the loan to go through. Their reason for denial. If the house burned down, what are the chances that it could be rebuilt as residential again? Evidentially, they believe that it would not be able to be residential again and feel that they would lose money. The buyer's loan officer will run it through Minnesota Housing Fund which will go through Fannie Mae. This is still pending. We have no clue as to how it will turn out. We have heard that FHA and Minnesota Housing Fund have basically the same guidelines. We are hoping to have a letter fÌ'om the city clerk sent explaining that this rezoning is only a proposal and it has not been decided upon as of yet. Can you start to see what this proposed zoning is doing to the margin of potential buyers for our properties? My home is a modest two bedroom plus, and the homes around me are basically about the same. The market of buyers for our type of homes are about 70% first home owners. These first home owners can usually only go through FHA or Minnesota Housing Fund for funding. (Remember FHA win not fund loans if the zoning goes through as such). Thus, leaving us with 30% of the market that can be funded through conventional loaning! . Out of this 30%, you may have 20% looking at it as residential and 10% commercial. But, the 10% of commercial buyers soon dwindles down because your house is between two other residential properties and the others are not ready to sell. Or, perhaps even though you . could sell your house residentially at $80,000, the commercial buyer is looking at offering $60,000 because they'll have to dump the house. (I have had offers fÌ'om commercial buyers at significant decrease of asking price.) The 20% of residential buyers dwindles down because, let's face it if you can afford a conventional loan, you can probably afford a nicer home! With this current proposal, we, the residents involved could loose about 70% ifnot more of our buyers. This proposal could possibly force us to sell commercially at a depreciated value than what our homes are worth just because selling to businesses could be the only market we have. This proposal could possibly prevent us from selling our home when we choose to sell. Sellers could have there homes on the market for five years before a serious buyer who can get funding comes along. I strongly hope that my predicament has shed some light as to what can happen to the residents involved with the current proposed zoning. Perhaps, it was fate that cause the underwriter to state my property as commercial in order for us to see what will and could happen before this proposal actualIy went through. I ask you to take another look at the proposal and modify it as such to benefit the residents involved. Thank you for reading this letter and considering what will and could happen. ~~- . Theresa . Green 30 E. Birch 81. 81.. Joseph, MN 56374 363-0435 . . August 21, 2001 To the Mayor of St. Joseph Members of the City Council . \ This letter is in regards to the forced resignation of Police C!úef Gary Will, I had the privilege of working with Gary Will several times in the time that he was our Police Chief I found Gary to be very professional and very kno)Vledgeable ofthe law. He treated myself and the people involved in the problem with nothing but respect. He helped us resolved the problem and took the actions needed. He never acted or committed unethical behavior. Chief Will was always available and willing to assist with any request and I always felt that my questions were not dumb or unimportant I don't know what is going on with the City of St. Joseph and our leaders. I have been here for 8 years and when our new Mayor was elected, I had high hopes for what he would be able to accomplish. I now feel that he too is being run by the owners ofthis town. I speak of the persons that own the bars and landlords that don't want to be watched too closely. If you are going to look the other way and Chief Will was not willing to look the same direction, then I see why he is no longer our Chief I commend Chief Will for taking a stand. If this is not the reason then tell us why. What is all the Secrecy? Are you protecting Chief Will's privacy or are you trying to protect . yourselves? The statement made by you, the Mayor and the City Attorney" The relationship (between the police chief and the city) did not meet the expectations of ether party" what is this all about? Could it be that he wouldn't roll over or he wouldn't do what you wanted? Was he breaking the law? Was he doing his job TOO GOOD? Was he stepping on toes? Was he not doing his job? What were the "EXPECTATIONS" that he was not meeting? Who can we trust? Where can we get honest answers? Who are our town leaders? This is a very sad time for our City. ~~Z1 Ninfa Ertl 1002 E. Baker S1. #26 S1. Joseph, MN. 56374 363-7444 . , ~ Gerry H Klaphake · 252 SE 16th Ave St Joseph, Mn 56374 Dear Judy Weyrens, As a 24 year resident and 6 year business owner in St Joe, and'32 years oflocal real estate sales and investments, I would like to share some of my thoughts with you regarding some zoning and planning issues currently before you. One of your constituents, and one of my clients just lost the sale of their home one week before closing because an underwriter for FHA found out this property (30 E Birch St) was being considered for re-zoning from residential to highway commercial. The buyer was aware of the whole scenario and willing to purchase, but was unable to because of the policies of the underwriters and their concerns of the non residential zoning on an obvious residential use. As long as this zoning is in question, it will be difficult to finance for any new buyers. In my opinion, all the homes along the highway corridor should remain in residential zoning so the current residents can sell their property for the maximum price the market will bring, which almost always will come from residential use. Commercial use almost always requires extensive retrofitting or demolition. If a buyer comes along and wants to · purchase for highway commercial use, the city can always re-zone just the parcel requesting the change. In the long run, commercial activity may dominate the highway corridor. But don't force it. The natural market based economy we live in will eventually detennine the direction. The first priority of the city should be to protect the values of the current property owners. And the same can be said for the new development being talked about on the St Bens open field along SE Baker and between Kennedy Elem and SE 7th Ave _95th Ave. TRANSITION ZONING should be the key to any new development in that or any area. The existing homes along Baker St and 95th Ave should have similar or comparative housing across the road from their homes. Their should be at least one or two rows of comparable housing before a transition to a different type of land use. Because of the close proximity of Kennedy Elementary School, it would be a SHAME if this land was not used for housing typically occupied by children. You have a chance to make sure this possible development is done right, and for the long term, a good benefit for St Joe. If it does not work out, the land will still be there for someone to visualize the right use. Thank You for considering my opinions! Gerry H Klaphake &d )( /(",£k · . August 21, 2001 To the Mayor ofSt. Joseph Members of the City Council This letter is in regards to the forced resignation of Police Chief Gary Will, I had the privilege of working with Gary Will several times in the time that he was our Police ¡ Chief I found Gary to be very professional and very knowledgeable of the law. He I treated myself and the people involved in the problem with nothing but respect. He ! helped us resolved the problem and took the actions needed. He never acted or committed unethical behavior. Chief Will was always available and willing to assist with any request and I always felt that my questions were not dumb or unimportant I don't know what is going on with the City of St. Joseph and our leaders. I have been here for 8 years and when our new Mayor was elected, I had high hopes for what he would be able to accomplish. I now feel that he too is being run by the owners of this town. I speak of the persons that own the bars and landlords that don't want to be watched too closely. If you are going to look the other way and Chief Will was not willing to look the same direction, then I see why he is no longer our Chief I commend Chief Will for taking a stand. If this is not the reason then tell us why. What is all the Secrecy? Are you protecting Chief Will's privacy or are you trying to protect . yourselves? The statement made by you, the Mayor and the City Attorney" The relationship (between the police chief and the city) did not meet the expectations of ether party" what is this all about? Could it be that he wouldn't roll over or he wouldn't do what you wanted? Was he breaking the law? Was he doing his job TOO GOOD? Was he stepping on toes? Was he not doing his job? What were the "EXPECTATIONS" that he was not meeting? Who can we trust? Where can we get honest answers? Who are our town leaders? This is a very sad time for our City. ~~Z1 Ninfa Ertl 1002 E. Baker S1. #26 S1. Joseph, MN. 56374 363-7444 . Gerry H Klaphake . 252 SE 16th Ave St Joseph, Mn 56374 Dear Judy Weyrens, As a 24 year resident and 6 year business owner in St Joe, and 32 years oflocal real estate sales and investments, I would like to share some of my thoughts with you regarding some zoning and planning issues currently before you. One of your constituents, and one of my clients just lost the sale of their home one week before closing because an underwriter for FHA found out this property (30 E Birch St) was being considered for re-zoning from residential to highway commercial. The buyer was aware of the whole scenario and willing to purchase, but was unable to because of the policies of the underwriters and their concerns of the non residential zoning on an obvious residential use. As long as this zoning is in question, it will be difficult to finance for any new buyers. In my opinion, all the homes along the highway corridor should remain in residential zoning so the current residents can sell their property for the maximum price the market will bring, which almost always will come from residential use. Commercial use almost always requires extensive retrofitting or demolition. If a buyer comes along and wants to . purchase for highway commercial use, the city can always re-zone just the parcel requesting the change. In the long run, commercial activity may dominate the highway corridor. But don't force it. The natural market based economy we live in will eventually determine the direction. The first priority of the city should be to protect the values of the current property owners. And the same can be said for the new development being talked about on the St Bens open field along SE Baker and between Kennedy Elem and SE 7111 Ave _95111 Ave. TRANSITION ZONING should be the key to any new development in that or any area. The existing homes along Baker St and 95111 Ave should have similar or comparative housing across the road from their homes. Their should be at least one or two rows of comparable housing before a transition to a different type of land use. Because of the close proximity of Kennedy Elementary School, it would be a SHAME if this land was not used for housing typically occupied by children. You have a chance to make sure this possible development is done right, and for the long tenn, a good benefit for St Joe. Ifit does not work out, the land will still be there for someone to visualize the right use. Thank You for considering my opinions! Gerry H Klaphake &17' )( ¡C1f ~ .