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HomeMy WebLinkAbout2001 [12] Dec 06 {Book 23} / . itg of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 St. Joseph City Council (320) 363-7201 December 6, 2001 Fax: 363-0342 7:00 PM CLERK! ADMINISTRATOR I. Call to Order Judy Weyrens 2. Approve Agenda MAYOR 3. Consent Agenda Larry J. Hosch a. Bills Payable Requested Action: Approve check numbers 30405 - 30512 b. Minutes - Requested Action: Approve COUNCILORS c. Application for payment, Northland Phase V: Requested Action: Authorize Mayor to Bob Loso execute the application for payment #3 in the amount of$154,335.12, payable to Larson Excavating. Cory Ehlert d. Budget 2002. Requested Action: Certify the 2002 budget to the State Auditors Office in the Kyle Schneider amount of$I,368,123 Alan Rassier e. Exemption ITom lawful gambling. Requested Action: Accept application for lawful gambling for the St. Joseph Lions for an event to be held on January 25, 2002 at the La Playette. 4. Public Comments - Each speaker will be limited to three minutes 5. 7:05 PM - Dave Theisen, Fire Chief Reports . a. Semi Annual Fire Report b. Rental Fee, Community Fire Hall 6. 7:20 PM - Noise Violation, 314 Old Highway 52, Stearns County Partners 7. 7:40 PM - City Engineer Reports a. 2002 Proposed Street Project b. 8. Department Head Reports a. Public Works b. Police Chief 9. Mayor Reports 10. Council Reports II. Administrator/Clerk Reports a. Transportation Meeting b. LELS Labor Negotiations c. Alcohol Matrix 12. Adjourn / a -< ;,# · MEMORANDUM Date: December 3,2001 To: Honorable Mayor Hosch and Members of the City Council From: Judy Weyrens Re: Agenda The minutes and bills payable will be sent out tomorrow under separate cover. Please fmd in your packets the noise violation history for the property located at 314 Old Highway 52. As you are aware, when we receive a noise violation the files are reviewed for the past three. Therefore, in your packet you will notice two prior noise violations for the property in question. As information only, the Council dealt with the same property owner last year on 316 Old Highway 52. · ~ · '-'SEH 1200 25th Avenue South, P.O. Box 1717, S1. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX · architecture . engineering . environmental . transportation November 19,2001 RE: St. Joseph, Minnesota 2001 Northland Plat Five A-STJOE 0105 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the City Council: Enclosed please find Application for Payment No.3 for this project. · ; I _.--=,_~,., .~~_~.~ We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Larson Excavating Contractors, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. < J Sincerely, ~ ~ Bettendorf, P.E. Project Manager djg Enclosures c: Maynard Klever, SEH W:\stjoe\O 1 05\specsIAPL-0.doc · - Short Elliott Hendrickson Inc. . Your Trusted Resource . 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CD 0 Õìo ......000 ~ ::r: -I -I -I _::>Q) ~c: 0000 I f1:1 f1:1 f1:1 (t) (ñ ro ~(D 0000 , - - » ~ ~ Z ~ 0 0 ...... ;Þ:U "U (J1 ~ EA ~ ~ ~ +>- w <.11 ~ (J¡ <J1 <J1 Š:" , w <.110 NW (.oJ w 0-1 » w .......9' (J) N N !.J~ -I W <0 W ò>"<e <0 <.0 W CO "T1 (J1 ~...... . >.<J1 <J1 <J1 O~~~ Zo <: . <.11 0 ~CO ~ ~, >,OOO -I:þ . - ...... . . <000 Co Cowooo m N ~ <0 -I <0 ...... . >.<J1 <J1 <J1NOOO m ~ (/)00 ~ mo~ IZZ 0 -1m ~ ...... 0 ~;:o ïJ :::~ ...... r- 0...... 0 co coo m <0 <0 -I <0 <00000 -- -- ~ ~~è¡?~cf!. -I 00 0 0 m ...... ...... :u · RESOLUTION ADOPTING PROPOSED TAX LEVY APPROVING 2001 TAX LEVY, COLLECTIBLE IN 2002 BE IT RESOLVED by the City Council of the City of St. Joseph, Stearns County, Minnesota, that the following sums of money be levied for the current year, collectible in 2002, upon taxable property in the City of St. Joseph, for the following purposes: GENERAL FUND LEVIES General Fund Tax Levy 299,997 EDA Levy 18,087 BOND INDEPTEDNESS 1993 Street Improvement 21,000 1997 Fire Facility 41,170 1996 East MN Street 75,000 1992 East Baker Street Improvement 9,000 1998 Street Improvement 7,450 1999 Stearns Cooperative Loan 29,155 2000 City Hall 102,000 · Be it further resolved that these levies will support a general fund budget of $ 1,368,123 for the year 2001. The City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Stearns County Minnesota. ADOPTED BY THE CITY COUNCIL THIS 6TH DAY OF DECEMBER, 2001 Larry Hosch, Mayor ATTEST: Judy Weyrens, Administrator · esota Lawful Gambling Page 1 of2 3/01 ~ o Application to Conduct Annual Off-Site Gambling No Fee ed Organization Information (please print all information) . Organization Name ST. :ro~E.",", L\o",", ~ License Number (5 digits) OZO&'I License Expiration Date 05' /11 1 Oz. Class of Organization License (A, B, C, or D) ß Name of Chief Executive Officer PAT Daytime Phone 3~ ~S-~.. 1701 ~c."''''' e, oelt. Number ( ~ ) (Do not rlSt the gambling manager) Gambling Premises Information PlA'ieræ. BAt. + i6.$TA~",T Name of establishmentlfunction where gambling aatMty '11111 be conducted '" A Street Address and City: /9 N. c,ol..l..€ral? Ave. sr. .jo~¡./ (Do not use a post office box. If no street address, write in the road designations. Example: 3 miles east of Hwy. 63 on County Road 42) Lease Requirement. Does your organization own the gambling premises? D If yes, no lease is required. ø If no, a lease agreement must be attached (you may use lease form LG224, available from the Board). However, no lease is required if the only gamb1ing activity to be conducted is a raffle. Date(s) for off·site activity up to 12 consecutive Type of Gambling Activity. Check the box(es) for the days: gambling actMty your organization will be conducting. Begin date -AL/~-Æ.1.... o Pull~Tabs D Bingo o Tipboards ŒJ Raffles C8J Paddlewheels End date 01 I 2~ I 02 Local Unit of Government Acknowledgment . If the gambling premises ·Is within city IImtts, the city must sign this application and provide a resolution. On behalf of the city, I acknowledge that this application will be forwarded to the appropriate city officials, the city must pass a resolution specifically approving or denying this application, and a copy of the resolution will be forwarded to the applying organization. a mlnf> ýCL. ~-- Date If I /~ 10/ If the gambling premises is located In a township, both the county & township must sign this application. The county must provide a resolution. For the townshiø: On behalf of the township, I acknowfedge that the organization is applying for an Print name of township annual off-site gambling activity within the township limits. A township has no statutory authority to approve or (Signature of township official acknowledging application) deny an application (Minn.Stät. :J49.213; ·subd.2). Title Date I I For the county: On behalf of the county, I acknowfedge that this application will be forwarded to the appropriate Print name of county county offICials, the county must pass a resolution specifically approving or denying this application, and a (Signature of county personnel receiving application) copy of the resolution will be forwarded to the applying organization. Title Date I I . Chief Executive Officer (CEO) Acknowledgment and Oath I have read this application, and all information is true, accurate, and complete. I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. CEO Signature Date 1 1 St. Joseph Volunteer Fire Department ST. JOSEPH, MINNESOTA 56974 Office of the Chief Emergency Calls from 6-1-2001 thru 11-30-2001 Emergency Calls $10,775.00 Drill Hours 785 @ $5.00 3,917.00 Chief's Salary 800.00 Assistant Chie's Salary 425.00 Secretary's Salary 150.00 Treasurer's Report 290.00 Total $16,365.00 . 63 City Calls 60 St. Joseph Township Calls 14 St. Wendel Township Calls --1-Mutual Aid Call 138 Total Calls 213 Medical Calls 70 Fire Calls -.1 Weather Warning 284 Total Calls from 12-1-2001 thru 11-30-2001 Submitted by: ~~;~e Chief . ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c -----------------------~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ø~~~~~~~~ NNNNNN~~~~~~~~ooooOgOOOWNNN~~~~OOOOOO ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ . NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN 0000000000000000000000000000000000000 0000000000000000000000000000000000000 ~~.~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~W~W~~~~~~ ~O.. o. ~~.. ~~.... CX>W.. 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I '1 MEMORANDUM I Date: December 4,2001 I To: Honorable Mayor Hosch and Members of the City Council Frorn: Judy Weyrens I Re: Fire Hall Use --- Please fmd to follow a summary of the use of the Fire Hall for the Year 2001. - Fire Group Avail Booked Days Month Dept. Meetings Weekends Weekends Quilters not used . January 7 5 8 3 8 February 3 4 8 8 7 8 March 2 5 9 5 8 13 April 2 4 9 8 0 12 May 2 7 8 4 0 17 June 2 3 9 3 0 18 July 2 6 9 2 0 16 August 2 6 8 2 8 12 September 2 5 10 3 3 12 October 2 8 8 3 10 12 November 2 5 8 3 6 9 December 2 8 10 10 0 9 GROUPS USING THE FACILITY: Senior Citizens, Lions, Women of Today, Parents Without Partners, Rod and Gun Club, Kraemer Lake Assoc, St. Joseph Parish, Historical Society, HCP, St. Joseph City Council, St. Joseph Planning Commission, Quilting Group, Farmers Market, Dollars for Scholars, Wobegon Trail, Affordable Housing, 55 and Alive Driving, Adoption support group, Head Start, Self Defense Club, Girl Scouts, Boy Scouts Summary of above illustration: Total days used, 2001: 219 Total Weekends days used: 54 out of 104 . EXPENSES FOR FIRE STATION OCT. 1,2000 THRU SEPT. 30, 2001 . Supplies Paper towels, toilet paper, disinfectants, deodorizers, window cleaner, etc. $440,63 Dumpster $589.87 G & K Laundry Service Rugs, towels $558.85 Carpet Cleaning $531.26 Cleaning Service $620.00 Repairs . Furnace maintenance, filters, plumbing for toilets, sinks, Locksmith, etc. $390.37 Lawn care and snow removal $550.00 T ota I $3,680.98 Expenses on the above items averaged over a 12 month period would be $307.00 a month Gas Utilities $3,684.19 Electric Utilities $3,788.54 No estimate available for carpet replacement and painting .. Prepared by: ,"- David A. Theisen, Fire Chief 11-16-2001 " . .. itg of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 November 19,2001 Pax: 363-0342 CLERK! Mr. Bob McManes ADMINISTRATOR Stearns County Partners Judy Weyrens 6565 Riverview Loop NW MAYOR Sauk Rapids MN 56369 Larry J. Hosch COUNCILORS RE: 314 Old Highway 52 Bob Loso Cory Ehlert Dear Mr. McManus: Kyle Schneider Alan Rassier This letter has been prepared to provide you with notice and information regarding a proposed suspension or revocation of the rental license for the above referenced property. This action is being taken because of an alleged violation of Ordinance No. 102 of the S1. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on November 17,2001 (copy enclosed) . . The S1. Joseph City Council will review these allegations and consider appropriate action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conducted on Thursday, December 6,2001 at 8:00 p.m. in the S1. 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, which may include Mr. Bob McManus · November 19, 2001 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights. I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear. the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. Sincerely, · Judy Weyrens Administrator/Clerk cc: John Scherer, City Attorney Mayor and Members of the City Council Police Chief Pete Jansky Police Sergeant Jeff Young · "tl' Joseph Page 1 Case No. 01002874 'OLICE DÈPARTMENT Beat RptDist Type: Seq: 1 '¡me I Incident Attempt Occurred Date Time Day Noise Ordinance Violation 0 On or From 1111712001 23:20 Sat ) of Incident To 1111712001 23:45 Sat 14 OLD 52, St. Joseph, MN Reported 1111712001 23:20 Sat 'ispa "V" = Victim 'RP" = Reporting Party OW' = Witness "SO = Suspect "0" = Other Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone S STARKE, JOEL ROBERT W M· 21 601 195 BRO BRO (320) Jdress DOB DL Number State Work Phone 109 CARON DR 0110111980 S-362-425-745-002 MN (320) iy, State, Zip Code SSN LocallD # . 1 State # FBI# MANKA TO MN 56001 Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone dress DOB DL Number State Work Phone ty, State, Zip Code SSN Local ID # I State # FBI# Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone ¡dress DOB DL Number State Work Phone ty, State, Zip Code SSN LocallD # I State # FBI# . .Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair' Eyes Home Phone Jdress DOB DL Number State Work Phone iy, State, Zip Code SSN Local ID # 1 State # FBI# 'nopsis : (~I¡ CtÞ~ Was there a witness to tie crime? N Continuation 0 PropertyList :0 Property Damage $ : $0.00 Attached : Attached Was a suspect arrested? N N UCR: 24 Press 0 Domestic Violence Case: 0 >- Is a suspect named? Release: - Can suspect be located? N. Gang Related: N Hate Crime: 0 Victim Senior Citizen: 0 ....J Can suspect be described? N :a Can suspect be Identified? N Pursuit: 0 Force Used: 0 Child Abuse: 0 ~ Is stolen property identifiable? N ....J Is there an unusual M.O. ? N Disposition: :> Is significant physical evidence present N Solvability Point Total: 0 Connecting Case # 'r) Is there a majorinjurylsex crime involve N Is this a high profile incident? N Is there a good possibility of solution? N Assigned To : Date: II fficer ID: Sergeant Jeff Young 7702 I Reviewed By : I ~a~: onsed to: ST. JOSEPH MN POLICE DEPARTMENT 11111111111111111111111111111111111111111111111111 St. Joseph Page 2 Case No. 01002874 POLICE DEPARTMENT Type: Seq: 1 Crime ¡Incident Attempt 9250 Noise Ordinance Violation D Narrative Report Received a radio dispatch from Stearns County of a report of a loud party west of the 8 plex apartments. Complainant told dispatch that the kids were coming form the party and standing in their parking lot. Checked area and found the loud party, with loud music and shouting that could be heard from the 8 plex, at 314 Old 52. Talked to a female at the door who said she knew who was renting the apartment. Joel Robert Starkecame out and stated he was a renter. Advised him of the complaint and reminded him we had been there before. He acknowledged, remebering that we had been there at least once in the past for loud music. Several underage drinkers were also found and cited at the party. Later two kegs were also removed. After Starke was cited, he and others came out and stated they thought they could make noise until 2300. I advised that his landlord would have to go before the council because of this violation. The manager was called and I talked to his wife and advised her the same. . . Reviewed By : Date: Officer 10: Sergeant Jeff Young 7702 / / Licensed to: ST. JOSEPH MN POLICE DEPARTfŒNT II lIill\il:i 11m IIJ.I Ulllliilll,llil . Extract of the October 15, 1999 City Council Meeting RE: Noise Violation Hearing - 314 Old IDghway 52 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session on Thursday, October 15, 1998 at 7:00 p.m. in City Hall. MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit. Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Chad Carlson, Pete Lues, Jonnathan Wellmeier, Pete Klaphake, Brian Tepler, Randy Matthews, Wendy Doyle, Ellen Wahlstrom, Jeff Young, Eric Mintuller, Chad Carlson, Mike Deutz, Ted Schmid NOISE VIOLATION HEARING: Mayor Hiemenz called to order a noise violation hearing to consider a violation that occurred September 5, 1998 at 314 Old Highway 52. Officer Jeff Young, the responding Police Officer to the complaint, discussed his findings on responding to the call. He stated there was music, drinking and noise. He explained this was a noise violation and the process to the renters. On Loso's asking if they cooperated'Young stated they did and no tickets were issued. On Ehlert's asking if they were in violation of the Disorderly House Ordinance, Young stated they were not as there was no underage drinking or such. The Property Manager, Randy Matthews spoke, He stated he has made considerable improvements to the property and expects the renters to act responsibly. Additionally, the . renters have a strong financial motive to prevent receiving any more violations, as they were required to pay the full years rent up ITont. Therefore should there be a suspension of the rental license they would lose that rent. Loso made a motion to accept that a noise violation did occur as reported with this being considered a first violation. This wi11 be considered a warning and further violations wi11 result in more severe consequences. An administrative charge for the costs associated with the hearing wi11 be charged to the property owner. The motion was seconded by Ehlert. Discussion - It was fortunate that there were no minors on the premises as that could have resulted in a violation ofthe "Disorderly House Ordinance" which is a misdemeanor. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. . . CITY OF ST. JOSEPH !l First Avenue NW '.0. Box 668. k Joseph, MN 56374 City Offices 320) 363-7201 :;ax: 363-0342 IDIrwr .nu M Memo . =::.., MAYOR -::enneth J. Hiemenz To: Honorable Mayor Hiemenz and Members of the City Council ::U:RK! !\DMINISTRATOR From: Judy Weyrens :::ari Schmidt Date: 10/26/99 Re: Noise Violation, 314 Old Highway 52 :OUNCILORS Bob Loso .~lert Attached please find information regarding a noise violation at 314 Old Highway 52. As WIt procedure, whenever a noise violation is received we review the files for the past three years to Mary Niedenfuer see if the property has any past violations. In doing so it was noted that the property stated above did have a prior noise violation which occurred in September 1998. Therefore, for your convenience/ I have attached the minutes and correspondence from the hearing. The City charged and received administrative fees in the amount of $ 99.04 for the violation. If after reviewing the enclosed you have any questions, please feel free to contact the Office. . . Page 1 . ~ CITY OF ST. JOSEPH .1 First Avenue NW '.0. Box 668, t. Joseph, MN 56374 October 26, 1999 320) 363-720 I 'ax: 363-0342 Mr. Bob McManes a Stearns County Partners 6565 Riverview Loop NW nUl ~ Sauk Rapids MN 56369 vlAYOR :enneth J. Hiemenz RE:314 Old Highway 52 Dear Mr. McManus: ~LI';RKi .IIMINISTR,\' ,()R This letter has been prepared to provide you with notice and information ~ari SchmiùI regarding a proposed suspension or revocation of the rental license for the above referenced property. This action is being taken because of an alleged ::OUNCILORS violation of Ordinance NO.1 02 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on October 25, 1999 (copy ~ob Loso enclosed) . alert .e It The St. Joseph City Council will review these allegations and consider ilary Niedenfuer appropriate action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conducted on Thursday, November 18. 1999 at 7:45 p.m. in the St. Joseph City Hall, 25 - 151 Avenue Northwest. 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, which may include . Mr. Bob McManus October 26, 1999 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you . fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. (!~~ Cari Schmidt City Clerk/Administrator cc: John Scherer Mayor and Members of the City Council Acting Police Chief Jeff Young Police Officer Paul Schley . -\ .PULIC~ U~P A.K'l'lVl.l!a fl' BRADLEY J. LINDGREN. CHIEF OF POLICE BOX 268. 25 N.W. 1ST A VENUE ST. JOSEPH. MINNESOTA 56374-0268 (612) 363-8250 EMERGENCY 911 DATE: /0 b~ !O¡O¡ .. , TO: Kftl1i1 /Yì(t-H¡'~W~ . .- FROM: CHIEF LINDGREN SUBJECT: NOISE ORDINANCE VIOLATION AS PER ST JOSEPH CITY ORDINANCE #lØ2 (NOISE ORDINANCE), PLEASE BE ADVISED THAT YOU ARE HEREBY· GIVEN NOTICE OF A NOISE VIOLATION THAT OCCURRED AT THE PLACE, TIME, AND DATE LISTED BELOW. PLEASE FIND ENCLOSED A COpy OF THE AFOREMENTIONED ORDINANCE, RESOLUTION REGARDING ENFORCEMENT OF HOUSING REGULATIONS, AS WELL AS A COpy OF THE ST JOSEPH POLICE DEPARTMENT REPORT RELATIVE TO SAID VIOLATION. . DATE OF VIOLATION /0 Jd3 /o¡¡ , : ; T~ME OF VIOLATION ddS'J Á,,<, -' PLACE OF VIOLATION '3/L¡ old Ilbo/'7 5~ . ...-. . . RF.SOUJTJO;'\ REGARDn'~G ENFORCEMENT OF HOUsrNG REGULATIONS . " WHEREAs, the City of St. JQseph currently has in place an ordinance authorizing the rèvocation or suspension of a rental license in the event of a determination that illegal or unlawf\ll activities are occurring upøn the rental premises; . :.,·\VBEREAS, as a matter of policy, the City has not considered revocation or susp~nsioll of á rental license for a violation òî the City Noise Ordinance until the ocèurrence of a sec'~nd violation within the license period; . , ". WÈEREAS, thi~ pl."actice has fôUed to effe.ç.tive.ly eliminate noise. violations at rental properties, especially during the months of April and May; . \' ,," WHEREAS. the City Council has determined that {l change in this polky will promote the peace, COrIÚorl and repose of the citizens of St. Joseph; >. WHÈREAS, the City Council has also made a determination that the owners of re(H~l properties have aUowed occupancy by a number of tenants in exce~3 of that permitted by the 'Zoning of the. property or otherwise permitted under the City How;Îng Ordin{\[lce; and . . . WHEREAS, the City Council finds that occupancy by tenants in exce~s of [he ::pecified number create::¡ rbk of injury to the cccupants, a disruption to adjaœnt properties, and o[h_er adver::;e (;onseque:nces to the health: peace and repose of the citizens of the City. . THEREFORE, the City Council hereby resolvEs: 1. For the rental1iç~nse year commencing in August of 1996, it s\1,,11 be the policy of the. City of St. Joseph that any ordinance or statutory violation occurring at leased pr¿mis.ès may result in suspension or revoçation, even if the· violation is the first violation during that lièt:.nse y¿,ar. Immediate notice. of the violation shaU be provided to the property O\\'llt;r and the City Clerk shill expedite the hearing oÍ the. matter to bring it before th.e City CouncU as soon a permissible uncler the: law, 2. That it shall be the. poücy of the City Council to suspend or revoke the rental E:ense for any prcpéty where it is éetermlned that the owner has knowingly permitt~d occupancy in excess of that permitted under ordinance, or has failed to make. reiJsonable inspèction or take r¿:1sooi1bl¿ steps to assure tha.t occupancy in excess of the permitted number dOè$ not occur. 3. That the City Clerk Administrator is directcd to provide ~ copy of this R. =$olutio(1 to üll lanulürd$ 'applying for rt:ntallicense for the 1996-1997 rental year. -f) Till' Re,olution ¡, adopted by the City Council for the City of St. Jo,eph thi, ~ ~ c,lyof u.tr- . 19%. I Cl~SEfëruJ ~ ~ Mayor . Ç?g1i~~r~ , I ~ ~ ··iC~·.11:J~\",N~Je..;,s1 : 1 ¡; . . ~ ,. ~ .j .' . '.'j -, - J. ~. '- .~! '. ',> ',' ORDINANCE 102: REGULATION OF NOISE. ~~~ -' { Section 102.1: Noises Prohibited. No person shall make or cause to be made any .'- '. distinctly and loudly audible noise that unreasonably or unnecessarily annoys, disturbs, injures or , endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited , . by the spec~c restrictions of unlawful acts listed in Section 2. .,". - ., Section 102.2: Unlawful Acts. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this Ordinance, but said enumeration shall not be deemed to be exclusive. .., ,. ~ubd.l: Horns, Audible Signaling Devices, Etc. No person shall repeatedly sound, any .T.i: . audible signaling device on any vehicle except as a warning of danger. Subd. 2: Exhaust. No person shall discharge the exhaust or permit the discharge of the . exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or snowmobi!e or other recreational vehicle except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. Subd.3: Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so loaded .as to create loud and unnecessary grating, grinding, rattling, or other noise. Subd. 4: Loadin~. Unloading. Unpacking. Openine: of Boxes. No person shall create loud and excessive noise in loading, unloading. unpacking any vehicle, or the opening and destruction of bales, boxes, crates or containers. Subd.5: Radios: PhonolITaphs, Paging Systems, Etc. No person shall use or operate or permit the use of operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet, and comfort of any person residing in the neighborhood at any time with louder volume than is reasonably necessary for convenient hearing of the person or persons who are in the room, vehicle, chamber, or immediate vicinity in which such machine or device is being operated. Operation of any such set, instrument, phonograph, machine, or other device in such a manner as to be plainly audible at the property .. lin~ of the structure or building in which it is located, in the hallway or apartment adjacent, or at \ the property line if the source is located outside a structure or building shall be prima facia evidence of a violation of this section. . Subd. 6: Particioation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering or permit any party or other gathering of people giving rise to noise, . 243 .~ ,. " :¡;¡.;.. 'i r W . . '. ~ " disturbing the peace, quiet, or repose of another person. When a police officer receives a · complaint and determines that a gathering is creating such a noise disturbance, the officèr may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Any such noise which has the affect of disturbing the peace, quiet, or repose of another person and is heard outside the limits of the real estate from which the party is occur~ing shall be such a noisy party or gathering which constitutes a violation of this ~rdinance. + Subd. 7: Animals. No person shall keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. Section 102.3: Hourly Restriction on Certain Operations, No person shall, between the hours of 9:30 p.m. and 6:00 a.m. 'drive or operate any minibike, or other recreational vehicle not· licensed for travel on public highways. Snowmobiles and A TVs shall be controlled by the operation of the Snowmobile and A TV Ordinances and this Ordinance shall not cover the operation of snowmobiles. Section 102.4: Landlord's Liability. Violations of the noise control regulations shall be the act of the owner of the residential dwelling unit even though he does not reside in the unit as well as the persons on the premises who violate said regulations, except that the owner shall be liable only for those violations occurring after receipt of written notice from the City of · St. Joseph or its police department of a violation of the noise control regulations having occurred at the residential dweUing unit. For purposes of this section, owner is defined to include corporations and partnerships as well as individual owners. Section 102.5: Enforcement. Subd. 1: Enforcement Duties. The police department shall enforce the provisions of this Ordinance. Subd. 2: Civil Remedies. This Ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Subd, 3: Criminal Penalties. Every person who violates any provision of this Ordinance is guilty of a petty misdemeanor. Any individual who is convicted of three or more violations within a three year period shall be guilty of a misdemeanor. Plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense, . .~~~.~~...~ Section 102.6: Every section, provision, or part of this Ordinance is declared separa.te ~ from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision or part. .j , .' · . ' '.' .~'. . ~ 244 ;. .,. j' ~ . . . .::,.;~" ..... '<,;;<0: ..···ìi,;....,. '. ...'" :':c. ':~~,¿.:~, -.:' "·'·::+~~~::'·:~~~f~.";~···' ··.·~::~1~~^~;~:~·~' , ' ]'J;.~ ~.r,~-1, '. -.~_.",< :!~'-I"""-"~ ~I~> "·'t't"'>,o,",, . 'l~~/::' ,,' "<i%~'" ':~-:~~::it*ft~:¡~;~j')1t~, ~: .~·fnc.t~~,,\~n; . ST. JOSEPH POLICE DEPARTMENT SUPPLEM~NTARY REPORT lCR~ ~~002372-2373 COMPLAINANT: REFUSED Q~F~NSE: NOISE VIOLATION ON 10/23/~~ AT 22S9HRS MYSELF AND S6T YOUNG REC~lVED A CALL ~ROM DISP~TCH REGARDING A LOUD P~RTYJMUS1C IN THE AREA OF 32Ø OLU HWY.~2. UPON ARRI VAL IN THE AR~A, 1 PARKED MY SQw..m 1 N F RONT O~ 304 aLl> HWY 52 AND BEGAN TO ---WALK. W~=-iTBOUND ON THI:-_ SlR~ET TOWARD TH~ COMPLA1NT AREA. WHILE I DID TH1S, SGT YOUNG PARK~l} HIS SQUAD D1RECTLY IN ~RONT OF ~20 OLD HWY ~2. ~s 1 WAS WALKING DOWN THE STREET, I NOTICED TH~R~ WAS SOM~ ~OOl TRAFF1C IN TH~ AREA. I THEN H~ARD VERY LOUD MUSIC AS . Wl-:.LL AS LOUD V01CE:.S AND SCREAMING COMING FROM 314 OLD HWY '::12. - lH~ NOISE WAS V~RY NOTICEABLE FROM WE:.LL Of-f- TH~ PROµ~I-/T'y ANI.> S~EME:.D ~s IF COM1NG ~ROM BOTH THE HOUSE:. AND TH~ GARAG~. AS ! MADt MY WAY TOWARD S6T YOUNG I STOPPED BY 314 AND KNOCK~D ON THE FRONl DOOR NUMEROUS TIM~S ATTEMPTING TO CONTACT THI:- Rr.SIDENTS. NO ONE:. ANSWERED. I THEN MET WITH SGT YOUNG lN FRONT O~ 320 OLD HWY 52. THERE WE HaTH H~ARD LOUD VOICE:.S AND Y~Ll_ING FROM INSIDE THE HOUSE WHIL~ WE WERE Of-F THE PHOP~RTY. ONE OF TH~ R~NTE:.RS ~ROM 320 OLD HWY '::12 CAM~ OUT O~ TH~ HOUSE AND APPHOACH~D M~. I SPOKE WITH HIM WHIL~ SST YOUNG W~Nl AND MHDI;- CaNT ACT WIT H THE:. I NU 1 V I DUAL SA-I 314 aLl> HWY :.,¡2. 1 SPOK~ W1TH RYAN L~E:.-WAGNE:.R 09/12/78 AND SlEVEN VINCE:.NT LaOS ~J/]Ø/78, BOTH O~ WHOM STATED THE:.Y LIVED AT 320 OLD HWY '::12. lHE:.Y WER~ AUVIS~D O~ TH~ COMPLAINT AND ]Nf-ORM~D THAl TH~Y HAD HI:-.~N ~OUND IN VIOLATION. I THEN HAl> TO CLI::.AH THE AH~A FOR A t-1SHT DOWNTOWN. WHILE I WAS AT THE F-IGHT CALL SGT YOUNG MAD~ CONTACT W1TH AL~XANUER STEVEN WESLE:.Y 08/26/78 FROM 314 OLD HWY ~2. W~SLE:.Y CLAIMED THAT HE JUSl HAl} A H:.W ~RIENDS OV~R, HOW~VER Af-TE:.R SGT YOUNG ADVISED HIM TO K1CK E:.VE:.RYONE:. OUT Of- THE RESID~NCE:., YOUNG OBSERVED OVER. ~0 PE:.QPL~ LE:.AV~ THE:. R~SIDENC~. WE:.HLE:.Y ALSO ADMITTED THAT HE:. HE:.AHD M~ KNOCK ON lHE:. nOOR AND KNE:.W W'" WEkE OU-I SIDE, BUT H1D NOT ANSWI:.R. WHIL!::. 1 . Wf4S RETURNING ~ROM THE F1GHl CALL f-ROM IN ~RONT Of- SAL'S, 1 OHSE:.kVEU APµHOX1MATI:.LY l~Ø µE:.OPLE:. WALKING ON ?NO AVE:. NW, H1RCH 5T W, AND OLD HWY ~2. WH~N 1 HETURNE:.D, 1 AG~IN SµOKE:. WITH WAGNI::.R AND LOOS WHO BY THE:.N HAl> THE:.IR PAHTY DISPI:RSE:1!. MYSI::.LJ-: ANI> S6T YOUNG ·I:.XPLAINED TO THE:. HI:.NTERS f-ROM BOTH 314 AND 320 OLD HWY52 THAT WE:. HAD f- OUNt.> THI:.N IN VIOLATION OF 'TH~ CITY'S NOISI:. ORUINANC~. WE ALSO EXPLAINI:.D THAl THI:.Y WOULD H~.CI::.1VEAWA~NING.FOR THE CRIMINAL CHARGl:.t ... HOWI:.VERA COµY Of- .' 1 H I sl~Eµ'oR-r'~.~oULD5i;BI:.~{FO.R~A~DED:JO'.-'JHE!i~fJ.:,.y!~.çp~ì.~Çl!¿~~f;.o." ,.~ #ili[~¡~~~~:~{1{lki"': HI:. v I EW. - .:.-,...... . . --- ---- ~- --,--. H'__ -._~-_.- . --- -' - -~. - ._~- -------_._~---,- --~-_._- --.. - --- -. , ;d ~~ ~ . ~/L . un 1 ~- ~!4-99 SL Jast-ph Pal ice l>E'partmt-nt TiBlfo: 2:35 all Initial Complaint Reco'rd Cë:t.5.t- Numbéc'r : 9912102372 DatE' Rt- po-r··t fod : 10/23/~':} Re-porte-d By: SCSD DDR: qddre~!>: 8Ø7 COURTHOUSE:. DR. P.O.BOX 217 Apt. ~: Phone 41: 32121/251-4240 Ci t y: ST. CLOUD Statt-: MN Zip Code: ~6302 Dê:tngEo-r (Y/N) : N Complainant: RI::.f-USI:.D DDR: Addre~s: Apt. it: Phone 41: City: St at e: MN Zip Code: Dê:tngéc'r (Y/N) : N Incident Déc'~cription: COMPUU N-¡ OF LOUD PARTY/MUSIC IN AREf.1 OF :-'\20 OLD HWY ~2-UPON ARRIVAL IN AREA DID HEAR LOUD VOICéS,YELLING,I:.TC COMING ~ROM 320 WHILE O~~ PROP~RTY-RYAN LEE:. WAGNER 09/12J78 STEVEN VINCENT LODS 07/10/78 ADVISED CLI::.f.1RI::.D PI:.OPLI:. OUT Sql_lad/Bê:tdge '# 5: 7707 /' TI02 f.1ddt'l RE:'port 50 : No Prot £'ct pd : Net Rc:-y'd By: 07 Day: SAT Date- Committed: 10/23/~~ Time Committed: ~~. : <='!:> ~.... ...J _, "'5o~' Kf>Y Control Number (DCA) Cant. A~ency NCIC 1dent. <CAG'> I:.C] ~9Ø02372 MNIÍ'I7311ØØ DatE:' Rf>portE'd (RPD) Time Reported ( T RP ) Locê:ttion GriQ Number ( L GN} 11Í'1/23/99 2" : 513 1:.. Plë:t.ce Committed (PLC) : 32121 OLD HWY 52 HRD Squad/Badge '# (SBN) T i IB e Ass i g. (T AS ) Time Arr. <TAR) Time CJr. <TCL} R 771217 22 : 5~ 23 : 0J øø : 0~¡ - I S N - U 0 C U C ~; 01 ~250 S . .. . Sun 10-24-9g St. Joseph Police Department 1 i !1J~' : b:~:I alii Initial Complaint Record ca~-Q.~r : g9002373 RE.'port ~cJ: 10/23/91j R~ port E;'d By,,~ SCSD DOB: Addrf:'=-s: 807""",COURTHOUSt-. DR. P.O. BOX 217 Apt. # : PhonE;' #: 320/2:'d -4240 City: ST. CLoùb", St at e : MN Zip Code: Dange-r (Y /N) : N C (I III µ 1 a i n ant : , " DOB: AcJdré'ss.: "'~ PhonE;' #: City: '" St at e : Dangttr <Y/N): '",,- )nc::icJeTd. Df:'~c:r:ipi..ion: "'- REPORT OF LOUD P TY IN AR~A OF ~2Ø OLD ~2. ¡':OUND THAT THE LOUDEST OF THE T 0 IN THE AREA WAS AT 314 OLD 52. 1 ALKI:.D TO ALI:.XAN R W~SLEY AND HAD HIM BRf.:IKI:. UI-J PARTY ADVISED ]T NOISE VERIFIED NOISE COMµLAINT. Sc..¡uad/Bè\dge #50: 7702 770 Addt'l Rf:'ports : No I-Jrot Io'c.:t Io'd : Na /' Rc:v'd By: 1£12 DÕ;iY: SA- 10/23/glj T:ime Committed: 22 : ....c" .J~ Mess. Kf'Y Agency NCIC ldé'nt. (CAB) . I:.C] MN0731100 Dat ~, R¡..¡:iorted <RPD) Report E:'.d <TRP) ocation Grid Numbé'r (lGN) 10/2:'''\/99 22 : 5~ 10301 / Place Committed (PLC) : I 314 OLD 52 II HRD <SBN) Time Ass.ig. nAS) Time Arr. <T AR 0",,- Tim to C 1 r. {TCL) Squad/Badgy '# R T'''Ø'' 22 : ~g 23 1£11 00 ",=:. 1/ ,. : : I / / I S N U 0 C U C s / 01 9250 S / ,/ / . . CITY OF ST. JOSEPH .1 First Avenue NW '.0. Box 668, t. Joseph, MN 56374 Statement 320) 363-720 I ;ax: 363-0342 Ilk Date: October 16,1998 ilAYOR .enneth J. Hiemenz TO: Bob McManes River Properties 6565 Riverview Loop NW :LERK! Sauk Rapids MN 56369 .DMINISTRATOR .ache! Stapleton :OUNCILORS Noise Violation Hearing ·ob Loso :ory Ehlert Administrative Fees $ 5.04 .enTwit ....................... eedenfuer Legal Fees...................................... 16.00 Police Officer Overtime... .. ...... ......... 78.00 TOTAL DUE THE CITY OF ST. JOSEPH $ 99.04 Please make checks payable to the City of St. Joseph and remit to PO Box 668; St. Joseph MN 56374. . In Account with V Rajkovvski Hansmeier lid. ATTORNEVS ..:...i :"'A.\\ . 11 Seventh Avenue NOf1~ P.O. Box i 433 St. C,oud, MN SÓ302·1433 IRS" 41- i 340708 320·251·1055 'ax 320-25\·5895 ïoll ,ree 800-4"S·9ê':- SEPTEI:v1BER 30, 1998 CITY OF ST JOSEPH CITY OF ST JOSEPH - 1998 PO BOX 668 GENERAL ST JOSEPH MN 56374 OUK FILE NO. 18889 . ............._............~ 9/17/98 REVIEW REPORTS ON MATHEWS & POGATCHNIK NOISE 32. COMPLAINTS - , - , ------_...- Page 3414" October 15, 1998 . Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular ¡' session on Thursday, October 15,1998 at 7:00 p.m. in City Hall. ., MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton. -, :i OTHERS PRESENT: Judy Weyrens, Chad Carlson, Pete LuGS, Jonnathan Wellmeier, Pete :' :' ;<; n ' Klaphake, Brian'Tepler, Randy Matthews, Wendy Doyle, Ellen Wahlstrom, Jeff Young, Eric 0; ; !¡ : Mintuller, Chad Carlson, Mike Deutz, Ted Schmid 1: : Mayor Hiemenz called the meeting to order at 7:00 p.m. with all Councilors present. "~: Ii AGENDA: Loso made a motion to approve the agenda; seconded by Niedenfuer. 11 Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. -f I': Nays: None. Motion carried. JH Ii' NOISE VIOLATION HEARING: Mayor Hiemenz called to order a noise violation hearing to If' '-, , ! consider a violation that occurred September 5, 1998 at 314 Old Highway 52. Officer Jeff l~j : Ii : I, ¡:: Young, the responding Police Officer to the complaint, discussed his findings on responding to the call. He stated there was music, drinking and noise. He explained this was a noise violation ..~ ~ f and the process to the renters. On Loso's asking if they cooperated Young stated they did and no tickets were issued. On Ehlert's asking if they were in violation of the Disorderly House , I Ordinance, Young stated they were not as there was no underage drinking or such. The Property ! i "Ii Manager, Randy Matthews spoke. He stated he has made considerable improvements to the: ' I; property and expects the renters to act responsibly. Additionally, the renters have a strong :t financial motive to prevent receiving any more violations, as they were required to pay the full.' i, I; , years rent up front. Therefore should there be a suspension of the rental license they would losê.< ~ that rent. Loso made a motion to accept that a noise violation did occur as reported with this being considered a first violation. This will be considered a warning and further violations will result more severe consequences. An administrative charge for the costs associated with the hearing will be charged to the property owner. The motion was seconded by Ehlert. Discussion - It was ',"- fortunate that there were no minors on the premises as that could have resulted in a violation of , the "Disorderly House Ordinance" which is a misdemeanor. ! ¡ Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. 1f;;J1lI! <_u _<, ! Nays: None. Motion carried. ~;J d -: tl . 'Ii , POLICE CHIEF REPORTS: Chief Bradley Lindgren presented the third quarter Police Report. .. ' j ¡ Additionally, he also discussed a recent fatality in the area and excessive speed on County t· j í il¡ 'j Highway 75. He further discussed that as the result of a three day trial last week an individual "I j ; Ii went from adjudication to prison in less than three months. It j' 2) Chief Lindgren discussed the Community Police Grant fund balance indicating these funds 1 reserved for part of the upgrading the Police computers. Weyrens stated the computer system ~- -f:. , .Jiftt: I .~ , upgrade will require an additional server, with the system cost about $10,000 including upgrading ,,' j .__:!.,.. i'1 the Novel networking system. Additional coSts for attaching to Steams County's system with hardware and software would be an additional $6,000, with the total cost about $16,000. ~fl Lose recommended further researching into hardware costs and customized systems from ~;II '~ hardware manufacturing companies. Twit agreed with further researching hardware options and "'II , d 'I! " made a motion to allow the grant balance to be allocated to computer hardware and software for "'"- -", 'I: :)~I I the Police Department; seconded by Ehlert. :I! Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. -] Nays: None. Motion carried. :!i 'i'/ i. 'il . - CITY OF ST. JOSEPH ¡ First Avenue NW O. Box 668, _. Joseph, MN 56374 ,20) 363-720 I 1X: 363-0342 mr", -i1II M . =.. 'lAYOR enneth J. Hiemenz September 16, 1998 :LERK! Mr. Randy Matthews lDMINISTRATOR River Properties .achel Stapleton PO Box 534 Rockville MN 56369 ~OUNCILORS RE: 314 Old Highway 52 10b Loso ~ory Ehlert Dear Mr. Matthews: .it iedenfuer The hearing date previously set for the above referenced property has been changed to: 7:00 P.M. - Thursday, October 15,1998 due to the unavailability of the responding Police Officer (on the date previously set). If you have any problems or concerns with this change, please feel free to call me at 363-7201. Sincerely, Q~~ Rachel Stapleton Clerk/Administrator cc: John Scherer Mayor and Members of the City Council Police Chief Bradley Lindgren Police Officer Jeffrey Young . .- CITY OF ST. JOSEPH First Avenue NW ). Box 668, . Joseph, MN 56374 20) 363-7201 x: 363-0342 Ilk September 8, 1998 liIIJ ~ =:=.. Mr. Randy Matthews AYOR River Properties ~nneth J. Hiernenz PO Box 534' Rockville MN 56369 LERKi RE: 314 Old Highway 52 DMINISTRATOR Dear Mr. Matthews: achel Stapleton This letter has been prepared to provide you with notice and information regarding a proposed suspension or revocation of the rental license for the above referenced property. This action is being taken because of an alleged violation of Ordinance No. OUNCrLORS 102 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out ob Loso of an incident on SeptemberS, 1998 (copy enclosed). .ory Ehlert .enTwit The S1. Joseph City Council will review these allegations and consider appropriate .edenfuer action, including a suspension or revocation of your rental license, for up to a period of welve months. The meeting will be conducted on Thursday, October 1, 1998 at 7:00 p.m. in the S1. Joseph City Hall, 25 - 1 st Avenue Northwest. 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 (5) 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, which may include . . Mr. Randy Matthews September 8, 1998 Page 2 revocation or suspension of your rental license and/or a fine: Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action is deemed appropriate and you will be notified of this action at a later time. Sincerely, ~ . Rachel Stapleton Clerk/Administrator cc: John Scherer Mayor and Members of the City Council Police Chief Bradley Lindgren Police Officer Jeffrey Young - -- , . ø':~ ··(()C·..')ß HI..:.. :.1' O~:;(·:·) pt\ PQl icc·~ ¡Ie·) p .,\ rt:¡¡)cnt: r :i. m(:·:' :: ;3:: ()f). pm In:i.t:i...;\l Com p :I. ú\ :i. n '1; r~ (i) C D T' d Ct:\ !:;(.;.) Hum b(·:·~'I' .. 'Jßøøp:1. 3Ø Date r:: e po'" .t:f.~ d ~ Ø9/0~:j/,)ß -. . r.:(·:-) pn·l·t;(:,~d .ny ~: DOB: ndd'/'~:)!i;S :: (jpt:,. H :: Ph (H)P ii:: C:i.ty~ ::; \; d l; (.:" :: Zip C()dc?~ 1) ,,\ n I. (.;) T O:Y/H) ~ Compl r.\ i nc':\nt;:: JnCKBDH THO 1"1 AS raw DOB:: Ø4/14/63 ('~dd'('e~:;~:; :: 3ØØ OLD HI,JY H!SP (¡pt:. th "l Phone H:: 3,.?Ø/3(:.:.3·..·ßl+Ø9 (" . I GT.. JOSEPH ~) Ì';-a t: f:~ :: l'lt· Zi p CoclE·:: ~:iCJ'?A Dê\n~le'r (Y /H) ~ Y .,:1. ';y:: Incident De5c'/'iption~ COMPLAIHANT OF A LOUD PARTY TWO HOUSES FROM HIS APT.. FOUHD I... m~ GE:: C F: mm (11' 31A WITH MUSIC THAT COULD BE HE(¡I~: 1) OFF TIIF pri:np¡::·HTY.. TALKED Tn l'WO RENTERS AND 1\ :r c; v. C .0 L ~,1 F r;: Y D (1)Y ELEìE OUT.. ~3E F:EPor;:T" Bq 1.\.,\<:1 / E(i·\d i: ('.~ tt !'; : "l'ï'fiJP n d d l.:' :I. I~: e p () ï' t.: ~::. " '{(2":E. I:' '(' 0 'I.: (:.) c: \'.: (.:.:. d " '··1 () r~cv'l d By:: Øí.? Di:')' : EHH D a t: f? COin m :i. '1; '1:; la cI : 09/0~:i/9ß TimE) Comm:i t:t:(i·)d :: '")"" " 44 (;'.(::. l'le!;!; . K(~)y C<:Jnt'f'D} Humb(i~'I' (()Cn) Cont. Aqency I'~CIC I d f?ïïl;. ,:cnO) ECI 98002130 1"1t-10731100 "e) a 'J; Ii~' ¡:~ (.:.) p () '1' '1; ~:~ d (I:;:PD) T i rn (.? I:~ e po '1' t (~ d ( TI::: P ) L. 0 c: é\ t ion G ·d. d Num \:)0."1' (1...[-)1'1) Ø9/Ø~.'ì/'JÜ 2[~ :: AA 1 FI.l(ll1 P l.:\c (.? Comm:Î. t;-!-.:cd ( ::OLC) ~ 3:1.4 OLD 52 HF~D !3qu.:\<:I/B.;\dq(:~ tt ( !3 II 1\1 ) T :i. m (.:.) (.) .; t; i I~. (T A B ) T i In(·? (,)'1"1'. (TArO Tim(·? CIT" (TCI...) f' í' '/ 0 ;:~~ r)~ : .1+ A ,')r) "l+ ~:i PJ Ø3 ., c..c.. 1:_1:.. " " I ~¡ \'·1 U (] C U (" C' ~ ~ ø:l. ':'~250 s {r-I¡ { It vie . ---.--. ST. JOSEPH POLICE DEPARTMENT . SUPPLEMENTARY REPORT I CFd:)9ßØØ¡;! 1 Jø C 0 1"1 P L. (j I 1'1 n H T : T H ()11(i~3 J' A CI'~~; Ol'~ DFI::'[I-¡SE :: NOIS[ VIOUHION SEPT. 5~1998 WE RECEIVED A RnOIO CALL FROM DISPATCH THAT T~IERE WAS A LOUD P(jRTY TWO HOUSE WEST OF eOMPL(jINANTrys RESIDENCE IN THE 8 PLEX APTARTMENTS. ARRIVED AND FOUND MUSIC THnT COULD BE HEARD WELL OFF THE PR()PERTY AND THAT THERE WERE AROUND SIXTY PEOPLE DRINKING IN THE REAR AND INSIDE OF 3:1. A OI...D ~);.~. KICKED EVERYBODY OUT AND TALKED TO TWO RENTERS BRIAN TEPLER AND PETER Lues. EX P U~ H'I EDT H n; ~J ¡:ì S A \)1 0 U4 T I Ot~ A t,ID í-4 D \) I SED THE 1"1 nl'!OTH[I~ IJJOlJLO i~E~~UL T I j\1 THE~ I h L.nl-¡DL'J ~:D L O~3 I f~Ci HIS I~Et·~ T ¡::: F: S L I CEI'Ï~3E:" WHICH WOULD MEAN THEY WOULD BE OUT ON THE STREeT. THERE WAS ONE KEG OF . C< ::: E R I 1'1 THE C) ¡:j ¡:~ n c: E " CALLED THE MANAGER, ;~:i:;r~DY j"1(ìTTHE\,JS Ai··~J) :3POV,E TO H I~; 1,o,)1FE'.1 WHO ADVISED RANDY WAS OUT OF TOWN BUT WOULD GIVE HIM THE MESSAGE. Ln TI::i~: '7'7 f!).it r:'l}:::;: T ED THE :"IUU~:'::: \0-11 TIi THE o:~: ~~HC¡;:: 1"1CT:C C¡:: . ð-tv . · Alcohol Matrix System Adopted December 21, 2000 Revised - December 6, 2001 Violation 1st 2nd 3rd 4th Commission of a Revocation N/A N/A N/A felony related to the license Sale of alcohol while license Revocation N/A N/A N/A suspended After hours sale 2 day suspension 4 day suspension 12 day suspension Revocation and $ 250 fme and $500 fme and $ 750 fine Refusal to let 2 day suspension 4 day suspension Revocation police in $ 250.00 fme and $ 500 fme and $ 750 fme · Sale/purchase to/by an underage $ 150.00/incident* $ 300. $ 600 $ 1,000 and a 5 person or underage day suspension unlawfully in bar Failure to take steps to stop persons from $ 50 $ 100 $ 150 Continue at $ 150 leaving with alcohol Sale to $ 150 $ 300 $ 600 $ 1,000 and a 5 intoxicating person day suspension * For the purpose of this section of the Matrix, each incident that results in the preparation of a citation and/or an ICR shall be considered to be a separate incident, EXCEPT; if multiple citations/ICRs result from a single bar check conducted by one or more officers, this matter shall be treated as a single incident, if there are three or less citations/ICRs issued as a result of the bar check, two incidents if 4 to 6 citations/ICRs are issued as a result of the bar check, or three incidents if7 to 10 citations/ICRs are issued as a result of the bar check. If more than 10 citations/ICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. · · itg of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 DATE: November 30, 2001 (320) 363-7201 Fax: 363-0342 MEMO TO: Economic Development Authority '\r~ {J ~~ CLERK! FROM: Joähne Foust & Cynthi~ mith-Strack, Municipal Development Group ADMINISTRATOR Judy Weyrens RE: November Report MAYOR Larry J. Hosch Municipal Development Group has been interacting with a number of prospects throughout the past month. The following is a summary of activities that have transpired. COUNCILORS Bob Loso Buettner Business Park: Cory Ehlert MDG discussed the Business Park with Leo Buettner on several occasions: including November 1$\ 8th, 15th and 28th. The purpose of the meetings was to discuss pending projects, possible Kyle Schneider amendments to the Protective Covenants, and ways to better communicate between MDG staff Alan Rassier and the Park Owner. Vic West Steel Project: 11-01-01 - MDG phoned VicWest and spoke to Thomas McCann regarding the status of the project. McCann noted that they just submitted infonnation to the Board of Directors on 10-31-01 · and he would have more infonnation for us in about two weeks. MOO noted we would call in a couple weeks to check back; He said he would appreciate that. 11-15-01 - MDG phoned VicWest and spoke to Thomas McCann regarding the Board of Directors' response to the proposed project. McCann noted the Board is currently completing the budget on another project and has not responded to the VicWest proposal yet. He anticipates additional infonnation at the end of the month. DBl - MCl - MCa Project: Proposed Project: Expansion of MCO facility to accommodate consolidation of several facilities. 10-24-01 City staff was notified that DBL-MCO may be moving to St. Cloud. Property owner Jerry Hirshfield also contacted MDG. 10-25-01 MDG, Strack, contacted Mike De La Vega regarding the project. De La Vega reported decisions have been made. The lease is being renewed. Jerry Hirshfield contacted the city noting the company may be moving to St. Cloud. Strack of MDG met with Jerry Hirshfield regarding the status of the project and also discussed TIF projections with Juran and Moody. 10-26-01 MDG, Strack and Foust, met with Jerry Hirshfield and Bruce Gohman to discuss the DBL Labs-MCO project. The group concurred that De La Vega should be contacted to verify proposed building size, ownership versus lease arrangements for the proposed new building and to provide an overview of financial assistance programs the City/EDA would offer. 10-30-01 MDG, Foust, contacted De La Vega. He noted the proposed building size is now · 70,000 sq. ft. rather than the previously discussed 60,000 sq ft. MDG provided an overview of financial assistance programs. De La Vega noted they may not be interested in state programs due to the requirement to release company proprietary financial statements and confidentiality concerns. MDG worked with Juran and Moody to update TIF projections based on the new e building size and sent this infonnation to De La Vega along with a letter. 11-15-01 MDG phoned and left a message for De La Vega regarding receipt of the infonnation relating to financial assistance programs and the revised TIF projections based on a larger facility. Emphasized the EDA and City's desire to work with DBL-MCO on their expansion project. Confidential New Prospect: Project: Expansion of business to the St. Joseph area. Includes a 12,000 square foot building with assembly, distribution, showroom and offices. A separate commercial building is also planned. 11-01-01 MDG met with the owner and discussed the Buettner Business Park lots and the Indian Hills plat sites. The owner inquired about a local Revolving Loan Fund, tax increment financing, zoning requirements (if they qualify as an industrial or highway commercial business). Administrator Weyrens and Foust-MDG, concurred it is industrial. The company would relocate 20 employees from various office sites and use this as their company headquarters. They anticipated 10 new jobs over the next 2 years. The Minnesota Investment Fund was discussed along with TIF. MDG contacted DTED regarding qualifying for the MN Investment Fund. Carol Presley-Olson will discuss it with Paul Mae and call back. The company may be interested in an industrial lot north of Elm st. in St. Joseph Business Park. The owner noted he would store his trucks indoors and likes to keep his site clean, therefore the lot adjacent to Highway 75, next to the anny supplies and barbed wire is not appealing. 11-15-01 MDG called DTED to follow-up on the company's eligibility for the Minnesota . Investment Fund. St. Joseph's DTED representative is out until 11-16-01. MDG called and left a message for the owner of the company noting we are waiting on a response from DTED and offered to assist with other plans in the interim. Lisa Pfannestein: Project: Lisa owns a Y:z home-based, Y:z warehouse (out of Lee's Hardware) business. She makes candles and supplies them to 800 gift shops nationwide. She's planning to expand and has been looking for a building. 11-01-01 MDG contacted Usa with updates on the and the asking price for Buettner Business Park lots adjacent to HWý 75. Lisa noted $4 is out of their price range. She thought the lots north of Elm Street would work as 75% of the building is manufacturing and warehousing. She noted they are looking at a 2,000 sq. ft building as they are currently operating in a 1,200 to 1300 sq. ft. building with space divided into sections making it inefficient. She noted she would continue to look for alternative options. MOO noted we would do the same and keep in touch. Highway Commercial - Confidential Prospect 10-25-01 MDG met with the owner regarding their potential expansion. The project is in the very initial stages with the building size and number of employees unknown at this point. MOO discussed the Minnesota Investment Fund program (low interest loan with a grant to the City), tax increment financing and the project timeline. The owner is looking at land that would be annexed into the city. He noted he will contact the city when his plans are more concrete. INH Properties The commercial real estate broker is looking for a site for a McDonalds in St. Joseph . 11-01-01 MDG called and left a message in Bobick's voice mail regarding the status of project and outcome of meetings with property owners. . 11-15-01 MDG called and left a message in Bobick's voice mail regarding the status of the project and outcome of meetings with property owners. American Legion: 11-01-01 MDG met with Jerry Frieler to discuss the legion's expansion plans. Jerry noted they would like to construct a building 6,000 to 7,500 sq. ft. in size. He asked for assistance in determining the minimum lot size they would need to accommodate the building, parking and open space. The legion would like to sell the garage they bought. The lot size is approximately 66' x 160' except for the back 30'. The legion would be receptive to selling their building too and constructing new if they can find another cost effective site ($1 per sq. ft range). He noted it does not have to be directly on Hwy 75. MOG will calculate site needs and follow-up. Jerry will call regarding sites in Indian Hills Park. He also inquired about the old Tom Thumb property on the east side of the city and the Gill property (west of the city). 11-08-01 MDG prepared calculations of the site area requirements for a 6,000-7,500 square foot facility, located in a B-1 or B-2 zoning district and met with Frieler to discuss the calculations. Confidential Expansion Project: 10-25-01 MDG met with an existing commercial establishment regarding the possible expansion of their facility. Additional employment positions are expected in conjunction with expansion. MDG explained TIF and the Minnesota Investment Fund incentives. The project is developing, however at this time the size of the expansion is unknown. MDG will remain in contact with the company while they draft expansion plans. . 11-08-01 MDG visited the expansion location and left a message for the business owner. Confidential New Project: 11-8-01 MDG met with City Administrator Weyrens and a new prospect looking at purchasing two acres of land in St. Joseph Township, contiguous with the city limits on two sides. Following a lot split the developer will petition the city for annexation and submit plans for construction of a 3,000 square foot office facility. Information on the township, city zoning and community facilities was provided to the developer. Centra Care Clinic: Project: Expansion or relocation of Centra Care facility. 11-15-01 MDG phoned and left a message for Mark Murphy regarding the status of their expansion plans and offered to assist by providing additional information. Also inquired about the proposed future use of the building the clinic is currently occupying if they proceed with their proposed new construction. Other activities: · Reviewed data from 2001 to create the EDA's Annual Report for submission to City Council. The EDA will review the report, make any changes and authorize submission of report to the City Council at its 12-12-01 meeting. · Attended SCAEDP meeting on 11-21-01. · Met with Dave Gruenes, Steams Electric regarding possible incentives for DBl-MCa on 11- 21-01. . · Packet preparation for 11-21-01 EDA meeting. · Staff representative to the 11-21-01 EDA meeting. . . Began preparation of a new marketing tool which will be used to proactively market the St. Joseph Business Park. The marketing tool will be a folder with detailed economic development information (6 page layout) along with a community brochure and contact information. The booklet can be mailed to commerciallindustrial realtors and developers in the St. Cloud and Minneapolis-St. Paul metro areas. The information may also be useful for marketing the park on the internet. Supplemental Information Attached you will also find information on the Minnesota Community Capital Fund (MCCF). This is an opportunity the EDA wishes to investigate more fully. The MCCF program groups revolving loan fund dollars in greater Minnesota to help create more viable RLF programs. Benefrts to the City would be: 1. The ability to loan out ten times the amount of the City contribution to the MCCF as a financial incentive for development prospects. For example if the City would choose to participate in the program by placing $25,000 in the MCCF, it could offer a low interest loan (Le. 2%) up to $250,000 in value to a development prospect. 2. The MCCF sells all loans to the secondary market immediately (day of closing). This means the risk is transferred to the secondary purchaser (probably the Mn. . Community Re-Investment Fund). 3. The MCCF Revolving Loan Fund is immediately replenished which means the City can offer other development prospects low interest loans immediately. The EDA has requested a representative from the MCCF attend an EDA meeting to more fully explain the program and applicable administrative costs. Next, some interesting information regarding the workforce in Central Minnesota was recently released. Attached are a few pages which provide interesting data. The complete report can be downloaded from the SCAEDP website. Action: No action is required at this time, except to note receipt of report. . ----- , "o{ . .., Minnesota Community Capital Fund (MCCF) · Proposed new financing tool for economic & housing development projects. · Must become a member to access the fund. · Originally targeted at communities with underutilized or maximized revolving loan funds, now looking at all communities. · Since City of St. Joseph does not have RLF would require a cash investment. · MCCF is a non-profit organization but, the funding 'pool' has not been set up. · MCCF is currently seeking letters of commitment from cities and development organizations. · All contributing members (i.e. cities, development authorities) become members of the corporation. · Corporate business and affairs are conducted by a nine-member board made of representatives from various classes of cities and membership classes. · Benefits of membership: . Members have the ability to originate loans up to ten times the amount of their contribution to the fund (e.g. if EDA contributed $10,000 they could issue a loan of up to $100,000. . Risk-free and non-competitive: Loans are sold to secondary market on the date of closing or within hours on the following day, therefore, RLF is replenished immediately. Purchaser's in the secondary market shoulder burden of risk. Most likely source in secondary market is the Community Reinvestment Fund which specializes in purchasing economic development revolving loan fund issues. · MCCF can be tapped for industrial, commercial or residential development projects. . . '~11/0'\)/2001 15: 01 FAX :120 252 0889 ST CLOUD HRA I4J 002 , , I -. ~ ~ NorthlandInstitute October 1, 2001 Mr. Marshall Weems HRA Director City of Sl Ooud 400 2nd Street S. St Ooud, MN 56301..3622 Dear Mr. Weems: Earlier this year you received a Jetter and survey from me asking for your help in designing an innovative new economic development financing resource for greater Minnesota_ Representatives of more than one hundred communities and ED organizations located throughout the state responded to this questionnaire, which provided us wifu veIy valuable information and advJ'.ce. . ~ aresu1t of the input obtaïned. from fuese survey responses, and from feedback reçeived during dozens of meetings held with economic developers statewide since last spring, fue Minnesota Community Capital Fund (MCCF), a new nonprofit corporation, was established. The pre-enrollment period for MCCF &arter members is cunently underway_ Enclosed. are two informational brochures that descn"be this unique, fleX1Dle loan fund. Please take time to review fue features, benefits, and organizational structure of the MCCF, and consider whether membership in the Fund makes sense for YOUT community or economic development organization. 0) ... 0 ~ Forrnallaunch of the MCCF is dependent upon a strong indication of membership interest c:: "'1;1 c= by comnumities and organizations like yoms through the execution of a non-bi:ndjng letter ~ ..<:: of intent (enclosed) to join at a specified contribution level Current plarts call for the start- 1:: 0 <= up of the Fund during the fust quarter of next year.. Letters of intent should be subnùtted @ r:= by December 1, 2001. 1:: '" E Y.I Please contact me directly at (952) 541-%74 if you are interested in joirUng or have - ëii questions about this exciting new development financing resource for your community. E 11.1 Thank you. ~ to ~ Sincerely, ~ In -b~~~ r;.,j In 0-, åi . Scott Martin u.. President """ r- <&> q ~ """ enclosures ¡r.¡ C\J It) en .E Q" 13911 Ridgedale Drive SUITE 260 Minneapolis MN 55305 11/Ò6/2001 15:01 FAX 320 252 0889 ST CLOUD HRA 141 003 L I Minnesota Community. .. Capital Fund . Ii " ~,..,.-"". ..-~ r.::Ø-~ . / ~ i\ "i ~ Activating Capital .~ .~ \ . For Your Community t. ~ ~( \ ï ~, . ., \ ~ " u ll/Ò612001 15:01 FAX 320 252 0889 ST CLOUD BRA I4J 004 t The MinnesoIa Community Capital Fund (MCCF), a ncw nonprofit organization. is offering local communities and economic development &anizations tlJroughout Greater Minnesota an 0pp0l'tunity 10 participate it) an innovative new developmem frnancing resource. This 'ble loan fund is designed to leverage roillions of dollars in underotilized local Revolving Loan Fund (RLP) capitaL Through the poowg of RLF resources, the MCCF (the "Fund") will provide participants with greater lending flcxibility, the capability of off~ring much larger loans thHn would be possible with limited existing local resources, and professional fund management :,;ervices. MCCF Organizational Structure The MCCF is a Minnesota nonprofit corporation that is organized and will be operated exclusively for pUIposes consistent with SèCtion 501(c)(3) of the lDtemal Revenue Code. · Entities that participate through the contribution of funds to the MCCF loan pool will become members of the corporation, · The business and affairs of the corporation will be under the direction of a nine-member board of directors. · The corporation J1a¡¡ three classes of members. with each class of members having the authority to elect two directors to serve on the board. · In addition to the six directors elected by the membership, the elected directors will appoint three at-large directors to the board. Participation Levels In order to encourage communities and organizations of all sizes to become members, the MCCF is offering three participation levels: · CJass A ffi,;\mbersbÏps-contribuûons of $100,000 or more. · Class B membersbips-contributions of at least $50,000, but less than $100,000. · Class C membe111hips-contrjbutions of at least $25,000. but less than $50.000. Participation in the Fund sball be subject to approval by the Board of Directors and the executioJ1 of a wriuen parricipation agreement. Benefits of Membership As a self-governed O'tgani~tion, the MCCF will offer its members a greal deal of flexibility in structuring loaDs that support business and affordable housing developroent in their respective commUnities. · Members will havc the capacity to origÌDate loans of up to ten times the amount they contributed to the Fund. · The professional fund manager will work closely with members, prospective bOJTowers, and other lenders in analyzing and structuring flIlMcing deals that will best meet the needs of both borrowers and lenders. · In addition to overall fund administration, the MCCF fund manager will be responsible for loan closings and negotiating the sale of loans to the secondary market · All of the paperwork and report filings required under the Minnesota business subsidy law win be handled by the fund manager, which win allow members to focus thöir time and efforts on other development project5. · Members will have ongoing access to the technical assistance and expertise available from thc MCCF fund manager, even fOr fInancings that do not utilize the Minnesora. Community Capital Fund as a resource. · In addition to the loan pool capitalized by member contributions, the MCCF intends to offer members access to othe1' financing resources in the future. Specifically, an application is now pending for US Treasury Department certification of the MCCF as a Community Development Financial Institution (CDFI). Oncc cerrified, the Fund will apply for Fcderal funds to support the expansion of MCCF's economic development mission, 11/06/2001 15:02 FAX 320 252 0889 ST CLOUD BRA 14]005 Frequently Asked Questions (FAQ's) I Throughout the MCCF concept development stage, interested individuals raised a number of questions concerning. the workings of the Fund. While answers to many of these questions were not available at that time. the project development team has subsequent1y addressed most, if not all of the~e issues, including the following FAQ's: How large must Our organization or community be in order to become a MCCF member? There is no minimum size eligibility requirement for organizations or communities to become members of the MCCF. In fact, the Fund is designed for and encourages the participation of communities of all sizes, as weB as multi-community and regional economic development organizations that want to increase their development financing capacity. The funds that I have available locaUy t<J invest in the MCCF were originally received from the Minnesota Department of Trade and Economic Development (DTED) under the Minnesota Investment Fund grant program. These funds were loaned to a local business and the repayments are being used ro capitalize my local revolving loan fund (RLF), Can I use this mJJney to join MCCF? Yes. The State Legislature enacted an amendment to Minn. Statute 116J,8731, subd.2 this year that specifically authorizes local government units to do so. How about using ~ity generalfunà lÙJ[lars for this purpose? Yes, again. Minn. Stamtes 469,191 authorizes cities and towns to appropriate not more than $50,000 annually out óf their general revenue fund for organizations like the Minnesota CommJinity Capital Fund. Most of our local economic development financing resources were provided to our community by DTED through a HUD Small Cities Development Block Grant (SCDBG). Is it ok to use this money for our MCCF contribution? Yes. In fact, since the MCCF has been organized to qualify as a Community-Based Development Organization, SCDBG funds can be contributed with minimal reporting, which will be handled by the Fund manager. t, Once we're a member of the MCCF, can we increase our initial contribution level in order to be able to originate larger loans from the Fu.nd? Absolutely. MCCF members will be able to increase their fitake in the Fund at any time in order to meet their changing needs and to make the most of this 'new financing resource. If we are a member of the MCCF and later decide to terminate our membership, how and when will the funds the we contributed be returned to us? Membership in the fund will be subject to a part:idpation agreement, which 'Will require members to make a minimum three-year commitment to the MCCF. At the end of the three-year period, all funds contributed will be returned, without interest, upon written request of the member. '·11/06/2001 15: 02 FAX 320 252 0889 ST CLOllD HRA I4J 006 . . As a member of the MCCF, do we have the right to appoint a representative to the Board of Directors? ~ but a representative of your organization will be eligible for election to the nine-member Board that will ern the MCCF. Six. of the nine board members will be elected by the membership at the organization's annual meeting. Since the corporation has three classes of membership (based upon the member's contribution level) each class of members will elect two directors. The six elected dh-ectors will be responsible for filling the three at-large director seats. Who will manage the Fund? The Northland Institute, a Minnesota nonprofit corporation, will provide management services to the MCCF for at least the first three years of operation. After this initial period, the Board of Directors may either continue to contract for fund management seIVices or hire staff to manage the Fund. Who will pay fOT the cost of fund management? The primary J;evenue sources that will be available to pay for fund management services are the interest earnings on the pooled funds contributed by MCCFmembers and loan origination fees charged to borrowers. Members will not be required to pay directly for services provided by the fund manager that pertain to the structuring of MCCF loans. However, a.ny technical assistance provided to members that is not «tly related to a MCCF loan transaction will be subject to a reasonable . ice fee to be paid by the benefiting member. . How willthe Fund be recapiialized? The MCCF wHl be a self-sustaining development resource, with recapitalization of the Fund through the sale of pre-approved loans to the secondary market. The sale proceeds from MCCF loans will go back into the Fund. Members originating MCCF loans that are sold at a discount will be required to make-up the difference between the loan's par value and jt's sale price. Through this ongoing approach, the MCCF loan pool will be continually recapitalized and funds will be readily available to make new loans. What drives the price paid for a loan? Institutional investors who purchase economic development and affordable housing loans seek a market rate of return. Accordingly, loans that are priced at market rates receive par value. Those priced above the market earn a premium. while those priced below the prevailing market are bought at a discount_ How flexible are the Fund's lending policies? The MCCF is designed to provide a great deal of flexibility in terms of borrower eligibility, interest rates, loan terms and cop.ditions, equity requirements, etc. The Fund's lending focus wiU be on business and community , economic development financing activities that support livable wage jobs and affordable housing. MCCF membersiwiJ1 be encouraged to work closely with the fund manager in strUcturing loan packages that are ,ponsive to their needs. ~ . l there a limit on the number of loans that a MCCF member can originate? No. The only limit is on the size of each loan that may be originated by a member from the Flmd. Members will be able to originate loans of up to ten rimes the amount they contributed to the Fund. ~ 11/Ô6/2001 15:02 FAX 320 252 0889 ST CLOUD HRA [4]007 . Loan Criteria and Approval Process j ODe of the primary goals of the MCCF is to provide local communities with significantly greater lending capaciI)' artd a more flexible, tlser-friendly development fmancillg resource than most economic development loan progra.Iru;. Therefore, the Fund is being designed J , with relatively few hard Hnd fast rule.~ concerning boITOwcr eligibility, target interest rates, loan tem1S and conditions. equity requireffi'. etc, Loans of up to ten times the amount members have contributed to the Pu.ad may be funded. through lh~ MCCF. So, a $50,000 I investment allows a member to originate loans of up to $500,000. ! What's most important in evaluating any given loan application is: ! · Creditworthiness of the borrower, j · Repayment ability based on ca.~h flow anHlysis. , · Commitment of one or more banks to participate in the fmancwg. · Support of the local community and MCCP memtx.-"r. , The fund manager will be directly involved in negotiating and SIrllcturing every loan package tbat I includes 8. MCCP loan. Once the originating MCCF member adopts a local resolution in support of the loa¡¡ application, the request will be submitted to the MCCF Loan Committeè, which will consist of five mem~ (appointed by the Board of Directors) who have experience and expertise in reviewing bu.~ine~s and/or housing Joans. Tbe loan committee will meet on an "as needed" basis in , order to e;qJedite the loan review process, and will have the responsibility and firtal authority for I approving, denying, or modifying the loan terms and conditions. Once the loan committee approves a loan, the fund manager will coordinate the loan closiag and sale to the secondary IIlliI'keL i , Fund Recapitalization I , The MCCP will be a self·sustaining development re.~ource, with the CODtÏnual recaphalizadon of the ) I Fund through the sale of pre-approved loans to the secondary market. MCCF loans will be struC?tured to best meet the needs of our i members, the borrowers, other partioipating lenders, and the community, One of the primary consideraùons for our members as loan ! terms and conditionS arc being negotialed is how the secondiiI}' market w:ill price the loan for purchase. Most institutional investors , active: in buying economic development loans are seeking a market rate of rerum. Accordingly, Ibans that are priced at market rates receive par value. those priced above market earn a premium., and those priced below prcvailing market rntes are discounwd. I I Below are examples of actual econom.ic development loan sale trnns¡¡ctions conduct.ed within the past yeai*: , . · A Joan made to a local business to expand a processing facility carried an 8% interest ¡ate with a five-year tenn and ballooned a roatl.1r1ty. This loan had a remaining principle balance of $lY8.6~9, and was sold for $191.,895 (96.5% of par). . A 10% loan made to support the expHIlSion of a dry-cleaning plant wa.~ sold at a premium when the loan b!:!.lance of $27,155 was , purchased for $27,969. i ! · A nonprofit h01.1SÌllg organization provided a loan as part of a fInancing package fOr the development of an SO-unit affordable I housing development. The interest rate was at the prevailing market lcvd, so the lender received par value for the $302,000 I remaining balance of the loan, which was secured by a oot mortgage. I · An existing loan made to a local printing company for the pllrchase of additional equipment was sold to recapitalize a local Joan I fund. Al sale, this 10-year term lOaD bad a principle balance of $84,520, wjth an interest rate of 7%. The seller received .$81,162 or 96.03% of par for this Joan. The discounted purcha$e price included 012.5% transacûon fec charged hy the loan broker. I . A local economic development lender issued a loan at 8.5% for 20 years to fund a busìness expansion, and negotiated an advance- commitment for the purchase of the loan at par value. *Example5 provided by Comnumiry Reinve.mnent Fund .wlely for ch~ purpose of demcm:srrating how the secondnry I11.(lrlœt for economic dcvelopm.:nt loans respond~ ro interest rare variables. I Loans originated from me MCCF pool will be subject to an advan~ed comnùtment from a secondary market buyer, such a$ the I Community Reinvestment Fund (CRF). As such, the actual price to be paid for MCCF loans will be known to the participating member before a formal loan commitment is made to the borrower or other participating lendcrs. If the price offered by the market i$ discQunted I from par value, Úle MCCF member originating the loan will be re.sponsible for fundillg the difference between par value and the loan's I sale price. On the. other hand, jf the loan is sold at a premium, the member will receive the premium payD.'lent (that amount in excess of the loan's par value). 'Through this approach, the MCCF loan pool will be cominually recapitalized and members wiJl be able to originate more development loans in their communities. Membership Enrollment Schedule - , , , The pœ-eDIollmem period for MCCF charter member$ is now underway. Communities and organizations are bcing asked to indicate _ their interest in becoming members of the MCCF by executing a non-bÚ1dlng letter of intent to join at a specified contribution level. At {he end of chis period, if enough organizations have submitted LOIs, the MCCF will move forward with the preparation of all legal document.~ necessary to formally launch the Fund. Wè anticipate Ùle Slarl"up of the Fund sometime during the frlst quarter of 2002. If youi organization is interested in learning more about this unique opportunity or would like to express your interest in becoming a charter member of the MCCF, please contact Scon Martin at (952) 541-9674. k1rKI~rà~&~~J~!Gf~~~i~~~2J~[ii1J:~~r~~í~ . In Stearns County, the employment tenure for primary jobs ranged from less than a year to over 50 years, The most notable lengths of employment were those jobs held for short (three years or less) and long (sixteen years or more) periods of time, · The median employment tenure for primary jobs in Stearns County was 7 years, The average employment tenure was 11 years. · 38% of respondents reported working at their primary job for three years or less. · 28% of respondents reported working at their primary job for sixteen years or more. Employment Tenure at Primary Job IA 30.0% ë I CI) 'tI c 25.0% 0 I . Q. IA C ) 20.0% cr: I 0) c 15.0% :¡¡¡ I ... 0 3: 10.0% I .... 0 ë 5.0% C ) I (,, ... CI) 0.0% c.. < 1 year 1 - 3 years 4 - 6 years 7 ·10 11-15 16 + years years years Years at Current Job .:''''''1It>. - · . .~ ~. '>~~~.~~_~: :t;:;:~ 2001 Labor Force Assessment - Steams County 4 - , , _: '" (,1 '" ., --eI . In Stearns County, the largest portion of workers reported receiving an annual pre-tax salary of $20,000 to $30,000 at their primary job. · 16% reported receiving an annual salary of less than $20,000. · 35% reported receiving an annual salary of $20,000 to $30,000. · 26% reported receiving an annual salary of $30,000 to $40,000. · 13% reported receiving an annual salary of $40,000 to $50,000. · 10% reported receiving an annual salary of over $50,000. * All hourly workers' annual salaries were calculated assuming a 40- hour workweek. Workers' Annual Pre-Tax Earnings (As a Percent of I Total Respondents) I 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% :¡:8 0 0 0 0 0 0 .... 0 .... 0 .... 0 ... 0 .... 0 .....0 00 00 00 00 00 00 (])o õ)ö 00 00 00 00 00 > . o - o - o . o . o . 015 CD...... _0 _0 .0 .0 _ 0 ~ ON 0(") 0'<1' 010 0<0 ~ ......~ C\ ~ (") t/7 '<I' t/7 10 ~ t/7 t/7 t/7 ~ ~ 2001 Labor Force Assessment - Stearns County 5 The Workforce: Demographics · ._Rlf~~lfÆ · 16% less than a High School Diploma · 29% High School Diploma or GED · 19% some college · 8% Associate Degree · 28% Bachelor's, Master's, Doctoral, or Professional Degree Highest Education level Completed Bachelor's. Less Than High School tv'aster's, 16% Doctoral, or Professional Degree . 28% · High School Associate Graduate Degree 29% 8% Some College 19% r~t~1tr!11~~~~tmI~~ßIlt2Jatt~j])j~T~~f~lgJ · 71 % of households reported having no children under the age of 13 residing at home. · 21 % of households reported having one or two children under the age of 13 residing at home. · 8% of households reported having three or more children under the age of 13 residing at home. ; · 2001 Labor Force Assessment - Steams County 9 \ . Commuting Patterns This section provides workforce commuting information for Stearns County, identifying where respondents commute to work and how different job factors would have affected the distance they are willing to travel. Each dot represents the destination of one worker originating from Stearns County. · 83% of the working residents are employed in Stearns County. · 7% of the working residents are employed in Benton County. · 10% of the working residents are employed in other counties. . .. Todd Douglas .. .. Pope Swift .. åndiyoh Meeker '" Mcleod . 2001 Labor Force Assessment - Stearns County 10 \ , ~ ~ --~~ . . The estimated average job vacancy rate for all occupations in Region 7W was 4% or 4 job vacancies for every 100 filled jobs. . The occupational groups with the highest job vacancy rates and a large number of job vacancies were: Personal Care and Service (492), Food Preparation and Serving Related (1799), and Construction and Extraction (425). Table 4: Employment and Job Vacancies by Major Occupational Group in Region 7W Number Employment Job Tumover- Adjusted Major Occupational Group of Estimate of Vacancy Demand Vacancies Total Jobs* Rate (%) ** Food Preparation and Serving 1,799 14,240 13% AA Related Office and Administration Support 629 19,940 3% A Production 501 17,550 3% A Personal Care and Service 492 3,320 15% AA Sales and Related 435 14,250 3% SA Construction and Extraction 425 8,380 5% A Transportation and Material Moving 375 9,270 4% A Healthcare Practitioners and 198 4,180 5% AA Technical Education, Training and Library 97 11,330 1% SA Healthcare Support 88 3,060 3% SA Building, Grounds Cleaning 71 4,890 2% BA and Maintenance Installation, Maintenance and Repair 69 5,490 1% BA Business and Financial Operations 33 3,750 1% BA Legal 28 NA NA NA Farming, Fishing and Forestry 20 NA NA NA Community and Social Services 13 1,470 1% BA Protective Service 10 1,220 1% BA Computer and Mathematical 8 1,280 1% BA Architecture and Engineering 6 NA NA NA Art, Design, Entertainment and 5 1,570 0% BA Media Life, Physical and Social Science 1 NA NA NA All Occupations 5,343 135,370 4% - 'Employment estimates by occupational group are from the Estimates Delivel)' System (EDS) using 2000 Occupational Employment Statistics (OES) Data. '*The index value for all jobs is 1.0, Above Average (AA) = Tumover-Adjusted Demand (or TAD) above 1.2, . Average (A) = TAD between 0.8 and 1.2, Below Average (BA) = TAD below 0.8. NA = No Data Available 20011..abor Force Assessment - Stearns County 20 . Conclusions Recent layoffs and increases in the unemployment rate in rural Minnesota have raised many questions concerning the supply and demand for workers in a given region. Region 7W's Job Vacancy Rate of 4% is in line with the state's 4% rate, This indicates that the job market is as tight for workers in Region 7W as in Minnesota as a whole. Many workers from Region 7W may be required to accept a job that requires a skill or education level below what they have attained. take a job for less pay, commute a further distance to find a good job match, or relocate to where their skills are needed. On the other hand, recent workforce shortages have raised concerns about finding qualified workers to fill current and future jobs, especially in high demand fields such as healthcare. Fortunately, potential workers exist within the jobless and employed populations. A significant number of employed part-time workers would work more hours if offered. Although many non-working respondents are retired and will probably playa diminishing role in the workforce, other non- working residents who reported looking for work most were seeking full-time employment. . Underemployed workers represent another potential pool of labor. There is evidence that many workers have higher wage possibilities in occupations related to their current job(s) and are therefore underemployed. Other underemployed workers are represented by part-time workers who would rather work full-time and workers with a level of educational attainment beyond the requirements of their current job, If underemployed or non-working individuals are to move to higher paying or high-demand occupations, retraining will be necessary in many cases. Over half of total respondents indicated they would seek further training if it meant getting a better job. 2001 Labor Force Assessment - Steams County 24 .. . The pool of underemployed represents a potential pool of workers for certain occupational sectors worst hit by workforce shortages or for new businesses that maybe recruited into the community. Workforce shortages are particularly acute in Food Preparation and Serving Related; Personal Care and Service; and Healthcare Practitioners and Technical. Significant numbers of employed and non-working respondents have the skills to fill high~ demand jobs. Likewise, there are other workers who have the skills needed to accommodate new businesses entering the community, Finally, while wages are an important part of a worker's decision to commit to an employer, commuting distance and time also playa role, Many workers are willing to commute long distances to work, This willingness drops off with increased mileage, but workers who are willing to commute further expect to be compensated for the distance, . . 2001 Labor Force Assessment - Stearns County 25