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HomeMy WebLinkAbout1993 [03] Mar 04 {Book 03} Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke 21 First Avenue NW Bob Loso P.D, Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 City Clerk/Adm (612) 363-7201 FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton CITY COUNCIL MEETING; March 4, 19~2 C¡f3 7:00 p.m. ' AGENDA l. 7:00 p.m. - Call to Order 2 . Approve Agenda 3. Bills Payable 4. Approve Minutes - Februàry 18, 1993 5. Mayor Reports 6. Council Reports 7 . OLD BUSINESS: . a) Personnel Policy Manual b) Star City Program c) Ordinance Amendment - Garage and Accessory Buildings d) Employee Wage Rates for 1993 - Dept. Heads Report and Response to Federation e) Secretary Position Full Time f) Sal's Liquor License transfers to BIP, Inc. g) Loss Control Workshops h) Police Officer Position Increase to Full Time 8 . 8:00 p.m. OPEN TO PUBLIC 9. 8:15 p.m. Recess 10. 8:30 p.m. Liquor License Holders 11. 9:00 p.m. Closed meeting - Th. Litigation (Kacures) 12. Clerk/Administrator Reports a) Transportation Map b) FmHA Designation c) st. Joseph Parish Exemption from Gambling Application d) CORE Forum - March II, Mary Commons at 7:00 p.m. e) Gambling License - st. Joseph JayCees f) Police Chief Conference, Bloomington March 22-24 g) Workshops - 1) Tree Inspector - Jim Marthaler . 2) Street Sweeper - Jim Marthaler 3) ADA Requirements - Rachel Stapleton Y\~ ~a.'4t~ r~?~ ~~ 13. AdJourn q Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke 21 First Avenue NW Bob Loso P,O. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 City Clerk/Adm (612) 363-7201 FAX # 363-0342 ..,CITY OF ST. JOSEPH Rachel Stapleton AGEr'lDA NOTES TO THE CC>UNCIL MEMO DATE: March 2, 1993 TO: Members of the Counci 1 FRCM : Rachel Stapleton Information concerning the Agenda: 7d. I am not including Department Head recommendations in the packets, until I get a clarification from John Scherer if this information is covered under data privacy. 7e. Information in packet. 7f. Chief of Police is conducting a background investigation, and will . have it ready for the next meeting. 7g. Loss Control Workshops are presented by the League of Minnesota Cities Insurance Trust and Berkley Administrators. They provide much information and training on methods of reducing liability for cities. I feel they are well worth the time and nominal registration fee of $15. In the past the Clerk/Administrator, Superintenderrt of Public Works, and Chief of Police have attended. We are all willing to attend this seminar in st. Cloud. 12g. Workshops - Tree Inspector, Required for certification, held in Alexandria on April I, cost $35. street SWeeper School reviews the maintenance and operation of the street sweeper, March 25 in st. Paul, cost $20. ADA Workshop - Understanding Program Access requirements, will be held as a pre-conference meeting along with the Clerk's Conference at Brainard. Cost is $55.00. . Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke 1 First A venue NW Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363·7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton MEMO DATE: March 2, 1993 TO: Member of the Council ~ FROM: Rachel Stapleton, Clerk/A 'istrator RE: Clerk/Administrator's request to the Council I am requesting that you reinstate the Secretary position to full time. The position has been full time since 1986, and the work load has increased a great deal. At that time we had 8 full time employees; currently we have II, with out the secretary position. Our City has grown by annexations and I population at a high rate. We have had many annexations and anticipate this trend to continue. We had three major improvement projects last year and will continue to have improvement projects. In 1986 the minutes for each meeting averaged 2 pages, and took perhaps a morning to write them up. Currently they are from four to eight pages in length and take a day to write, in addition to the time it takes to write the memos to the employees. When the position opened up last fall, unfortunately, the Mayor did not discuss reducing it to part time, with me, prior to the public meeting. The office workload is heavy enough with all the phone calls, correspondence, water billing and receipting, that we need to have a full time secretary. Also she serves other departments when they need extra clerical assistance. I am therefore requesting that the Council reinstate the position of Secretary to a full time position, for the benefit of the City of st. Joseph. If any of you have any questions, please call me prior to the meeting. Thank you. ...-.. - .. ,ß ~ PROPOSAL _ It is suggested that enforcement of laws relating to underage patrons in bars be handled in the following manner: ~. The Police Department continue to write a citation against the underage person. 2. If the underage person is found to have been drinking while in the bar, the licensee is also charged criminally, unless the underage person entered with a false I.D. 3. The City Attorney's office has discretion in handling the criminal charges against the bar based upon the nature of the offense and the frequency of the occurrence. Under normal circumstances, the city Attorney's office would certify the charge as a petty misdemeanor in exchange for a plea and seek a fine in the range of $100 to $200. 4. If the bar has three criminal convictions arising from events occurring within six months of each other, the licensee is brought before the City 'Council for a civil hearing and is given a . monetary fine. If four or more convictions occur within the six month period, the licensee is brought back before the Council for a monetary fine plus suspension. For each additional conviction, the suspension can be increased, initially starting at a one day suspension. The City Attorney and Police Department recommend that the bars be cited criminally for liquor violations for several reasons. First of all, this will give some motivation for the bar owners to make sure that the bouncers are doing their job. At the present time, enforcement by the bouncers is inconsistent. Secondly, the city Council will no longer have to make determinations of guilt or innocence when liquor violations are brought to their attention. Matters will not come before the City Council until there is a criminal adjudication. The bar is not brought before the City Council until multiple convictions occur within a short period of time. L:\gc:n \15692\aID22593 .015 I . - .Ÿ , Re: city of st. Joseph Dear . . The st. Joseph City Council has placed the issue of liquor law enforcement on the agenda for the council meeting of March 4, 1993, at 8:30 p.m. This letter is going out to all liquor licensees inviting them to attend this meeting and participate in a brief discussion regarding liquor law enforcement. It is anticipated that the following issues will be discussed: 1. The current status of enforcement of the laws by the licensee's and their employees. 2. The current status of enforcement of the laws by the st. Joseph Police Department. 3. Changes in the enforcement policy by the city. 4. Whether or not the City should take any action against the licensees based upon the criminal conviction of employees which arose out of the Liquor Control sting operation. , Your attendance at this meeting is strongly encouraged. The city Council wants the opportunity to directly address the licensees and emphasize the City's commitment to the enforcement of state and local liquor laws. The city Council also appreciates your input so that they can be fully informed in making these decisions and so that they can fairly deal with liquor enforcement. Thank you. Very truly yours, Copies Sent To: Sa l' s Bar American Legion E1 Paso La P1ayette Loso'sMainstreet Pub St. Joseph Liquor Shoppe M&T Liquors I " . I ." DONOHUE RAJKOWSKI L TO, Attorneys at Law Reply to: St. Cloud February 25, 1993 ST. CLOUD 11 Seventh Avenue North P,O, Box 1433 Ms. Rachel Stapleton St. Cloud, MN 56302-1433 St. Joseph City Clerk 612'251'1055 City Hall 800·445'9617 St. Joseph, MN 56374 FAX 612·251·5896 RE: Amendment to Ordinance 71 MINNEAPOLIS City of St. Joseph Our File No. 15,692 2904 Plaza VII 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 612·339'9206 Enclosed herewith please find proposed amendments to 800'445·9617 the St. Joseph's Intoxicating Liquor Law. Let me take this opportunity to give you and the City Council a FAX 612-339'4775 I '''''1- RNW~« brief explanation as to why the changes are recommended. With regard to the change to Section 71.11, Subd. 1 (c) , GORDON H, HANSMEIER FREDERICK L. GRUNKE I am attempting to accomplish two things. First of THOMAS G.¡OVANOVICH all, I am attempting to remove the ambiguity which ¡OHN H. SCHERER recently lead to the dismissal of a criminal charge against an underage person who was in a bar. The PAUL A, RATKOWSKI statute formerally prohibited allowing a person to KEVIN F. GRAY remain in a bar if he was under age. As you can see, the amended statute not only addresses the duties of WILLIAM ¡. CASHMAN the licensee, but also addresses the responsibility of DAVID T. SHAY a person entering a bar. The statute now prohibits CAROL A, STARK anybody who is underage from entering or remaining in a RICHARD w. SOBALVARRO bar as well as prohibiting the bar employees to permit someone to enter or remain in a bar. We have added the MICHAEL C. RATKOWSKI word "entered" and clearly put the responsibility on A. CHAD McKENNEY the individual as well as the bar. MOLLY ¡. WINGATE With regard to Subd. 71.11, Subd. l(c), I have added MICHAEL H, DONOHUE language found in subpart 5 creating an exception for OF COUNSEL employees. This is consistent with state law. ¡AMES H. KELLY, M.D., F.A.C.P. I am also proposing that we add Section 71.11, Subd. MEDICAL CO:-.1SUlTANT 1 (d) . This would make the licensee responsible for GORDON H. HANSMEIER IS ADMITTED TO PRACTICE underage people who are on the premises. In the past, a-"~'^~"w'-" we have been charging the underage people and bouncers PAUL A. RAJKOWSKI IN WISCONSIN, or bartenders. This amendment allows us to put more Ot A. STARK IN ItUNOIS AND MISSOURI ILLIAM J. CASHMAN IN SOUTH DAKOTA. responsibility on the licensee. If the licensees do . . - Ms. Rachel Stapleton February 25, 1993 - Page -2- not take steps to properly police their operation, we would have the option of charging them under the statute along with the underage patrons and/or their bouncers. I am also proposing a change to Section 71.11, Subd. 3. This paragraph used to require someone to show proper identification to a bartender or police officer when requested. A violation occurred if a person failed to show identification when in an establishment licensed to sell liquor. The proposed language will now require proper identification to be showed to a licensee, an employee of a licensee or a police officer. This would include bouncers, employees who are not specifically identified in the old ordinance. It will also clarify that identification must be shown when a person is entering, attempting to enter or present in a bar. I have also included a provision requiring a person to present identification if the person is in possession of intoxicating or non- intoxicating liquor, either on or off the licensed premises. Finally, I have defined proper identification as a valid driver's license or an official state identification card. ...... Finally, I am proposing that the penalty provisions of the statute found at Section 71'.14 be amended to make it a - misdemeanor if a person fails to show proper identification when so required. Failure to show proper identification formerly was a petty misdemeanor. The only reason I am proposing this change is not necessarily to allow us to punish the offenders to a greater degree, but to simply give the officer authority to take the person into custody and pat him down if a violation occurs. This is a tool to help the officer find false I.D.'s. In the past, if a person got into a bar with a false I.D., he or she could simply claim that they did not have any identification and were subject to a petty misdemeanor citation. If it was a petty misdemeanor, the officer could not take the person into custody when writing the ticket. If a person could not be taken into custody, the person could not be patted down with a search for a false LD. The person kept the false I.D. and the problem just reoccurred. If this is a misdemeanor, the person can be brought into the squad car when the ticket is written, since a person can be placed under arrest for a misdemeanor violation. When the person is brought into the squad car, the person can be patted down and at that time, the false I.D. may be found. It is my hope in this manner, we can start taking' some of the fake I.D.'s out of the system. I T <- , - Ms. Rachel Stapleton February 25, 1993 - Page -3- I will be at the meeting next week if anybody has any questions. Very truly yours I DONOHUE RAJKOWSKI LTD. H. Scherer JHS/baz cc: The Honorable Bud Reber Brad Lindgren L: \gen \ 15692\af022593. 012 , I '" 4 . I Amendment of Ordinance 71 of the . . st. Joseph Code of Ordinances. 1992 Edition The city Council for the city of st. Joseph hereby ordains: A. section 71.11 of the st. Joseph Code of Ordinances is hereby amended by revocation of Subd. l{c) and the enactment of the following subd. l{c) in its place. c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor is forbidden shall enter or remain in any place where intoxicating liquors are sold or given away or may such person be permitted to enter or remain in any place where intoxicating liquors are sold or given away. A person to whom the sale of intoxicating liquor is forbidden may be permitted to remain in specified areas of licensed premises if said person: 1) Is accompanied by his parent or legal guardian, or I 2) Is in the restaurant for the purposes of eating/ or 3) Is in a bona fide bowling establishment for the purpose of bowling or watching others bowl, or 4) Is in an approved game room area no later than 9:00 p.m. for the purpose of using or watching others use amusement devices. 5) Is an employee of the licensed premises who is 18 years of age or older and is on the premises for purposes of his or her employment. For purposes of this ordinance, a "game room" is defined as an enclosed area, separate and apart from the areas in which intoxicating liquor is sold or served, which is equipped with amusement devices and which has as its primary purpose the use and enjoyment of said amusement devices, provided, however, that no such area shall qualify as a game room if intoxicating liquor is served or delivered to the area by the licensee or his employees, before 9:00 p.m. Licensees seeking to ~ establish and operate an approved game room area must first apply to the City Council for approval ~ and must show that the area so designated conforms " , . , to the definition of "game room" set forth above. Council approval of any such area is required before minors may be allowed in the licensed premises pursuant to subparagraph d} of this subdivision. B. Section 71.11 of the st. Joseph Code of Ordinances is amended by the enactment of the following Subd. 1 (d) . d} The named licensee shall be responsible for enforcement of this subdivision, and failure to do so shall be a violation of this Ordinance by the licensee whether the named licensee, or any officer thereof, be physically present when the offense occurred. C. Section 71.11, Subd. 3 is revoked and the following section 71.11, Subd. 3 is enacted in its place: Subd. 3: Identification. No person shall refuse to show proper identification to a licensee, employee of a licensee or police officer when requested to do so when the following circumstances exist: , a} The person is entering or present in the premises licensed for the sale of intoxicating liquor. b} The person is in possession of intoxicating or non-intoxicating liquor, either on or off licensed premises. For purposes of this ordinance, proper identification shall be limited to a valid driver's license or offica1 state identification card. D. Section 71.14 of the st. Joseph Code of Ordinances is revoked and the following section 71.14 is enacted in its place: section 71.14: PENALTY. A violation of this ordinance constitutes a misdemeanor, except any person violating Section 11, Subd.'s 2 or 4 of this Ordinance is guilty of a petty misdemeanor. These ordinance amendments were enacted by the City of st. Joseph this ___ day of March, 1993. Mayor of the City of st. Joseph ...... - Clerk of the City of st. Joseph .. , .' ¡. I W DONOHUE RAJKOWSKI LTO. Attorneys at Law Reply to: St. Cloud February 9, 1993 ST. CLOUD 11 Seventh Avenue North p. 0, Box 1433 Ms. Rachel Stapleton St. Cloud, MN 56302-1433 S t J h C' Cl k Adm' , t t . osep 1ty er 1n1S ra or 612025101055 C i t Y Hall 800'445'9617 P . 0 . Box 668 FAX 612'251'5896 St. Joseph, MN 56374 MINNEAPOLIS Re: City of St. Joseph 2904 Plaza VII Offic~al Transportation Map Our F1le No. 15,692 45 South Seventh Street Minneapolis, MN 55402-1620 Dear Rachel: 612'339'9206 800'445'9617 Minnesota Statute Section 462.359 grants a municipality FAX 612'339'4775 the authority to adopt an official map designating 'properties for future public use, primarily highways or roadways. Once adopted and recorded, the map simply FRANK/. RATKOWSKI b ' , f h "1" f acts as pu llC not1ce 0 t e mun1c1pa 1ty suture GORDONH.HANSMEIER intent. It does not require the City to build the road FRWERICKL.GRUNKE at that location in the future. It does not act as any THOMASG.JOVANOVICH preliminary step in an eminent domain proceeding. JOHN H. SCHERER PAULA. RATKOWSKI The idea behind the adoption of the official map is to give property owners notice of proposed future use of KEVIN F. GRAY h ' b h "1 ' h t e1r property y t e mun1c1pa 1ty. In t at way, property owners may construct improvements on their WILLIAMJ. CASHMAN property in areas outside of those proposed for future ~~DT.~M use. CAROL A. STARK RICHARDW.SOBALVARRO Once an area is designated as a future highway, if a M CR property owner constructs an improvement within that ICHAEL . ATKOWSKI , , " , area, w1thout a perm1t from the mun1c1pal1ty, the A. CHAD McKENNEY . , property owner 1S no longer ent1tled to future Mma/.~~ßE compensation for the value of the improvement if the property is taken by eminent domain. In other words, MICHAELH.DoNOHUE if property is undeveloped at the time the official map OF COUNSEL is adopted, a municipality will not have to pay more than the value of the property in an undeveloped JAMESH.KELLY,M.D"F.A,C.P. condition, even if the property owner subsequently MEDICAL CONSULTANT places an improvement on the property. with this in GORDONH.HANsMEIERlsADMITTEDTOPRACTlCE mind, a reasonable property owner will place his .IN NORTH DAKOTA AND WISCONSIN, improvements in areas other than those designated for PAUL A. RAJKOWSKI IN WISCO~SIN, ROlA.STARKINIlUNOISANDM!sSOURI future roadways. If a property owner does construct a ~DWIll!AMT.CAsHMANINSOUTHDAKOTA. h b . 1d ' 'th d' t d f , i orne or U1. 1ng 1n e area eS1gna e or - I , . , " I Ms. Rachel Stapleton February 9, 1993 Page -2- improvement, the municipality does not have to compensate the property owner for the improvement if the property is taken at a later time. Other than that, the City still has to go through with eminent domain or purchase of the property at a future time. Property owners cannot require the City to place the improvements as indicated on the official map or construct the roadway at any particular time. The official map may'be modified or amended from time to time by ordinance. If you or the Planning Commission have any questions, please let me know. Very truly yours, DONOHUE RAJKOWSKI LTD. , JHS/baz cc: Hub Klein Ken Hiemenz L: \gen \15692\af020993, 011 . T " .' 410 AgriBank Building 375 Jackson street .w Un;tOO State, Farmers st. Paul, MN 55101 ,~. ' ~j Department of Home 612-290-3911 or 3912 ~ A" ltu Administration ( FAX) 612-290-3832 . ~§£" gncu re DATE: February 17, 1993 SUBJECT: Local Entity Designation . for Subdivision Development . TO: Rachel Stapleton, city Administrator P.O. Box 668 st. Joseph, MN 56374 Dear Ms. Stapleton: . The Farmers Home administra~ion (FmHA) Rural Housing Program provides eligible low-income families with loans for quality modest homes in rural areas. Prior to approval of home loans within a subdivision, FmHA review and acceptance of the subdivision is required. For new subdivisions, this process consists of three phases of review (feasibility, preliminary and final). . We have reviewed the st. Joseph Subdivision Regulations and find the Development Standards required to be consistent with FmHA's Development Standards. As a result of this determination, the FmHA review process can be abbreviated and some duplication of review can be eliminated. Attached is section 1924.120 from FmHA Instruction 1924-C and Section 1924.119(a) (1) and 1924.115(a) (6) which are referenced. For new subdivisions in your city, FmHA will complete the location and feasibility analysis phase and rely upon the city to enforce its development standards through completion. Upon completion of all development work, we would need a written confirmation from the city that the work has been completed in compliance with plans, specifications and city zoning and subdivision ordinances. We are pleased that the city of st. Joseph is only the fifth entity in Minnesota to receive this designation. Your dedication to the creation of high qua1ity/ fully developed living environments will result in long term benefits to the people of st. Joseph. . rrñi\'JUMð~ Farmers Home Administration is an Equal Opportunity Lender. e ðF Y - 8aj /fr;VL b, r nn n n Complaints of discrimination should be sent to: Secretary of Agriculture, Washing!on, D.C. 20250 J 0 page 2 . If you have further questions concerning this matter, please contact Jon Childers, FmHA state Architect at (612) 290-3911. Sincerely: (L~ RUSS BJOR State Director cc: District Director - waite Park County Supervisor - st. Cloud . . I I . . ~ . RnHA Instruction 1924-C §1924.120 Local entity designation. To eliminate duplication of review and to encourage local entities to adopt and enforce satisfactory minimum standards for subdivision development, RnHA will practice an abbreviated subdivision review procedure for any submittal from within the jurisdiction of a local entity designated by the State Director under this paragraph. .(a) Determination. A local entity with site development design standards equal to or exceeding those in ·this subpart and with the proven capability to enforce those standards shall be considered for designation. The State Director's determination for possible designation will be based on the successful completion of one or more developments under the jurisdiction of the local entity. The State Director will notify the local entity in writing of a favorable determination and indicate such to the appropriate District and county offices. This designation will be withdrawn in:mediate1y upon the local entity taking action to reduce its design standards or failing to enforce the standards. It should be clearly understood that FbiliA reserves the right to make all decisions with regard to the eligibili ty of a proposed development for financing. . (b) Subdivision reviews. All site developments will be processed as outlined in §1924.119(a)(1) of this subpart. This initial phase contains many items that cannot be delegated by FbiliA. When FlnHA "..:.c...;.:...;.. , determines the Subdivision Location and Feasibility Analysis submission is acceptable and a National Office waiver is not required, the applicant or developer will not be required to submit any additional documents for FìnHA review until the development is complete. Upon completion of all development work, the local entity will provide ~ written confirmation that the development was completed in accordance with approved drawings and specifications and is in compliance with their site design standards. If a local entity approved subdivision contains uncompleted road(s) or street(s) bonding or escrow fimds must be provided in accordance with §1924.115(a)(6). .b :: ::::-~~~~~::;:; -"'-. 29 ( 6-22-87) SPECIAL PN . . . ,,- H924.1l9 (Con.) FmHA Instruction 1924-C (a) New and less than partially completed subdivisions. (1) Location and feasibility submission. When Form FmHA 1924-20 with attachments is received from an applicant or developer: (i) The County Supervisor will: (A) Handle inquiries and provide basic information about subdivision processing. (B) In those cases subject to intergovernment reV1.ew, ass~re that the requirements of Subpart J of Part 1940 ~f this, chapter have been met. . . (C) ~mm~Øïatel"y" forward any submission ~o the District D.ire,ctor ·for revie'w and advise the applicant or developer of the limitations on' their actions that apply during 'the application review procèss~ pursuant to §1940.309 (e) of, Subpart G of Part 1940 of this chapter, and that further processing will be handled by the District Office. The County . Supervisor must include comments and recommendations in the remarks section of Form FmHA 1924-20 or on attached separate sheets. '':~';;~''- (in Upon receiving a location and feasibility submission, the District Director must: (A) In those cases subject to intergovernmental review, assure that the requirements of Subpart J of Part 1940 of thjs chapter have been met. (B) Discuss with the applicant or developer Form FmHA 1924-20 and required documents to determine the completeness of the submission and the possible need for further information. (C) Make a field visit or accompany the applicant or developer to the proposed site to review the feasibility of the location and to become familiar with the natural and fixed features influencing the site. . (D) If the proposal is within his/her approving authority under §1924.l2l of this subpart, make a comprehensive study to assure compliance with all local, regional and State regulations, codes, ordinances, plans for future development and compliance with this subpart. It may be necessary to contact the State Office Architect~ Engineer or Environmental Coordinator during this review. I, ...~, ~~ , \ "'-', ';!;~;:~~~::~~:~ "- 23 ( 6-22-87) SPECIAL PN " . . í" §l924.115 (a) (3) ( Con. ) FmHA Instruction 1924-C "- .. (v) Other lending institutions and agencies active in the area will make housing ¡oans or insure mortgages in the subdivision when it is provided only with'a!l-weather streets. (4) Any deviation from the requirements indicated in paragraph (a)(3) of this section will require an exception from the National Office. The request to the National Office must include documen- tation as to how many of the requirements of paragraph (a)(3) of this section are met and the following additional information: (0 Map indicating location of subdivision or project site in relation to other subdivisions and the community with types of surfacing present on the access streets or roads to the proposed subdivision or project. ( ii) Complete street layout plan. ( iii) Street cross-sections ~ith other necessary detairs. (iv) Topographic map~. . (v) Drainage plans. r (vi) All specifications for proposed street construction. '-..:~L...:..:. (vii) Other 'pertinent information. (5) Streets must have curbs or curbs and gutters for pavement edging to prevent ravelling of the wearing surface and shifting of the pavement base. The State Director may grant an exception to this requirement if adequate shoulders are provided. (6) Preferahly, dwelling units should be occupied after street hard surfacing is completed; however, occupancy may occur after the pavement base is in place and properly cured. In cases of delays due to unsuitable weather conditions or when hard surfacing is not done by the developer but by the local public body, an all-weather street acceptable to the local public body shall be provided prior to occupancy. (0 When the developer is responsible for providing street surfacing, a performance and payment bond, escrow agreement, irrevocable letter of credit, or similar assurance acceptable to the State Director must be provided by the developer to assure that the required street work will be completed within 1 year from the date dwelling construction is started. This - tlTImHÞ" ( (c.·,~~~,;l~, 17 ~,!:.:-.'" :,:..:.,". ( 6-22-87) SPECIAL PN - ~ . FmHA Instruction 1924-C ('" §l924.llS ( a) (6) (i) (Con.) assurance will remain in effect until the streets are accepted by the.entity responsible for continuous maintenance. The State Director~shall establish a policy for handling these matters according to local regulatory practices or requirements. Any such assurance will specifically name the United States of America acting through FmHA as an obligee in order to give FmHA the ability to enforce the assurance or collection of the bond if the streets are not properly surfaced. If a local entity requires similar assurance that a developer complete street or road surfacing as discusse4 in this paragraph, and if the local entity requires that it be named obligee, then ,- ,the requirements of this p~ragraph m~y be satisfied by !laming FmHA as:a co-obligee to such assúran~e. .. (i~).. Where local public bodi~s provide .final surfac:ing, the subgrade and base shållbe prepared" accoFding tö the specificà-, t{ons of the'lo¿al body. ' Written assurance must be obtained .' from the public body that suitable hard surface will be provided . within a reasonable period usually not more than one year. (b) Lot layout. (1) All lots shall be surveyed and platted. Permanent markers ( . shall be placed at all lot corners. -, (2) Lots shall meet all requirements of State and local entities and the FmHA. (3) Lot arrangement-should provide for the most effective use of building sites. Street lengths and utility runs should be minimized. (4) Lot layout should encourage orientation of the dwelling units for solar access. (5) Unacceptable lots. Any review of the proposed development will include all the proposed lots. Those lots determined unacceptable because of unsuitable soils, exposure to noise, flooding, ete. , shall be combined with acceptable lots, redesigned to eliminate the unacceptable conditions through the use of barriers or building orientation, or made a part of a common area to be dedicated to and maintained by a public body or homeowners association in order to prevent development financed elsewhere from adversely affecting the housing financed by FmHA. . .t~HHW~~\\ C:·<,··,·~"'¡ 18 .':-;~:!::::~.~;':; , ' ~ . FmHA Instruction 1924-C ( §l924.119 (a) (1) (ii) ( Con. ) (E). When possible, the review should be completed within 30 days and a written analysis including recommendations or conditions provided the applicant or developer with a copy mailed to the County Supervisor. (F) If beyond his/her approving authority, f01;"ward to the State Director with written comments and recommendations as soon as possible. (iii) When the State Director's review of the location and feasibility submission is required, the State Director will: (A) Make a compreheñsive study to assure compliance with all local, regional and State regulations, codes, ordinances, plans for future development and compliance with this subpart. In making this study, the State Director will use the services of State Office personnel including the Architect, Engineer, and the State Environmental Coordinator as well as ensure that the personnel required by Subpart G of Part 1940 of this . chapter undertake and complete the proper environmental review for the submittal. cr. (B) Provide a written analysis and guidance for further processing to the District Director with a copy to the -~~- County Supervisor. (C) Whenever possible, complete this review within 30 days. (iv) If the submission requires National Office review, the applicant or developer should be informed. In most cases, the State Director can expect a response within 45 days of the date of a routine request for review. (2) Preliminary'submission. When it has been determined by FmHA that the project . feasible and the location conforms with the intent 1S of the funding program, the applicant or developer will submit the required additional information as pursuant to Exhibit A II of this Subpart. (i) Upon receiving a preliminary submissio~, the District Director will: e (H:¡~;'i" 24 - \ '<:~" ~~"" .':~?:;~.;~~t~ '. - STATE OF MINNESOTA [FOR BOARD USE ONLY GAMBLING CONTROL BOARD AMT PAID _ PREMISES PERMIT RENEWAL APPLICATION CHECK NO. , _4PPR PRINTED:02j09j93 DATE I ~ICENSE NUMBER: B-03011-001 EFFECTIVE DATE: 08/01/91 EXPIRATION DATE: 07/31/93 ~AME OF ORGANIZATION: Jaycees st Joseph GAMBLING PREMISES INFORMATION JAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Sals Bar & Grill ,09 W Minnesota st ':t Joseph 56374 :OUNTY STEARNS IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION )OES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: I>ales schneider RR2 ·t Joseph MN 56374 JAME OF PROPERTY OWNER (WHEN NOT LESSOR): ~ FEET PER MONTH: 10 AMOUNT PAID FOR RENT PER MONTH: 150 FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 - BINGO ACTIVITY ~INGO IS CONDUCTED ON THIS PREMISES: No STORAGE ADDRESS ,09 W Minnesota st :t Joseph MN 56374 BANK INFORMATION ,irst State Bank .7 College Ave Box 159 t Joseph MN 56374 ~AMBLING BANK ACCOUNT NUMBER: 107660506 )N THE LINES PROVIDED BELOW, LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS \UTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. rHE ORGANIZATIQN'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. I (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) rHIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST , ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGEN~ OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONER TO ENTER THE PREMISES TO ENFORCE THE LAW. - BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: · I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; · ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; · ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; · I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; · I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; · I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; · ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; · I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE LOCAL GOVERNMENT ACKNOWLEDGMENT , 1- THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION I SIGNATURE OF PERSON RECEIVING APPLICATION TITLE DATE RECEIVED I TITLE DATE RECEIVED I REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 , January 31, 1993 To: St Joseph Police Department St Joseph City Council Re: Resignation from St Joseph Police Reserve This is to infonn you that I wish to resign from the St Joseph Police Reserve as of February 1, 1993. For health reasons I feel I would not be able to do the job properly. I would not want to jeopardize my fellow officers because I am not able to perform to a full capacity. I very much en joyed being on the Reserve for the past twenty some years and I feel bad that I can I t continue. I I would like to thank the Police Department and the City of St Joseph for letting me be a part of the Police Reserve. Thank You - Again (¡~f~~ Elmer J Rakotz 605 East Able Street St Joseph, MN 56374 ~ - I W DONOHUE RAJKOWSKI LTD. Attorneys at Law Reply to: St. Cloud February 24, 1993 ST. CLOUD 11 Seventh Avenue North P.O. Box 1433 Ms. Rachel Stapleton 51. Cloud, MN 56302-1433 St. Joseph City Clerk City Hall 612'251'1055 St. Joseph, MN 56374 800'445'9617 FAX 6U·251·5896 RE: Code of Ordinances MINNEAPOLIS Dear Rachel: , 2904 Plaza VII herewith revised City I have enclosed a copy of the of 45 South Seventh Street St. Joseph's Subdivision Agreement. This is consistent Minneapolis, MN 55402-1620 with the latest draft proposed for Northland Addition. 612'339·9206 I would suggest that this document replace what had 800'445'9617 been Appendix B in the Code of Ordinances as a sample FAX 612'339'4775 of a proposed subdivision agreement. Naturally, with I 'MN". ""row,,, each subdivision, unique provisions have to be included. GORDON H. HANSMEIER Very truly yours, FREDERICK L. GRUNKE THOMAS G. JOVANOVICH DONOHUE RAJKOWSKI LTD. JOHN H, SCHERER PAULA. RAIKOWSKI KEVIN F. GRAY Scherer WILLIAM J. CASHMAN DAVID T. SHAY JHS/baz CAROL A. STARK RICHARD W SOBALVARRO Enclosure MICHAEL c. RAIKOWSKI N: \city\stjoe\af022493. 011 A. CHAD McKENNEY MOLLY J. WINGATE MICHAEL H. DONOHUE OF COUNSEL JAMES H. KELLY, M.D., F.A.C.P MEDICAL CONSULTANT I 1"·"·"'"~···~=Oro~ i IN NORTH DAKOTA AND WISCONSIN, PAUL A. RAJKOWSKIIN WISCO>lSlN, I LA. STARK IN ILLINOIS AND MISSOURI ILUAM J. CASHMAN IN SOUTH DAKOTA. . . I APPENDIX B CITY OF ST. JOSEPH SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between:¡¡:¡::¡¡:¡:¡¡:¡¡:¡I:::¡¡¡¡¡:¡:¡:::¡:¡:¡¡¡¡¡:¡¡::¡:¡::::¡¡¡¡¡¡¡::¡:¡:¡ hereinafter called the "Subdivider", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WIT N E SSE T H: WHEREAS, the Subdivider is the Owner and Subdivider of a certain Subdivision known as'IIIIII ¡:¡:::::¡::::::¡::¡::¡:¡:¡:::::¡¡,::::¡:¡:¡::::¡¡¡::¡::¡~ which is legally described on exhibit A attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Subdivider to provide for the construction of certain public improvements, and for the fmancing of said improvements; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 PLAN A IMPROVEMENTS I 1.1 The Subdivider hereby petitions the City to construct those improvements itemized below, hereinafter known as Plan A Improvements: ....................................................... .............................-..-.............--...--. ...........__...........-.-...................----..... ..........-................-..................-...--.. ......,......................................--....--.. .........--..-..............................-.---.-_., ..........-.................-..................--..--.. ...._.......................hu..............'.__.... ...........-..-...................................".,. .............................................'...','....................................,'.',.....,.,........ .;.:.:.:.:.;.;.;.;.:,;.:.:.:.:.:.;.:,:.:.;.;.:.;,;.;.:..:.;.:.:.:.:.:.:.:.:.:.:.:.;.:.:.;.;.:.:.:.:.:.:.:.:.: The Plan A Improvements itemized above shall include all necessary appurtenant items of work as determined by the City. 1.2 Subdivider represents to the City that he has obtained the written consent of all other persons having any interest in these premises or persons that may be entitled to notice of these proposed improvements and resulting assessments; that such consents are attached to the Subdivision Agreement herein, or if such consents have not been obtained, the name, address, and interest of each party known to the Subdivider to have an interest, is attached hereto. If, at any time prior to the actual construction of the improvements and or assessment of the improvements upon the property, the Subdivider elects to transfer any interest, whether by option, purchase agreement or other transfer to a third party, he shall promptly give the name and address of such person, in writing, to the City Clerk, disclosing the interest transferred and the property affected. The parties holding a legal or equitable interest in the property comprising the subdivision are: 1.3 The City agrees to proceed with said Plan A Improvements, and will levy special .- assessments against the Subdivision or development pursuant to the provisions of Minnesota Statutes, Chapter 429. The Subdivider hereby waives his right to Public -- · I Improvement Hearing and the Assessment Hearing normally held in accordance with,said Chapter 429. 1.4 The City will prepare a Feasibility Report outlining the proposed scope of work and estimated project costs. The City will confer with the Subdivider, either informally, or if the City elects, through a public hearing on the feasibility of the project. The City shall: (a) Determine within sixty (60) days of review by the City Council (or public hearing, whichever is later), and make final determination as to whether to continue with or terminate the project. (b) If determination is made to continue, the City will prepare Plans and Specifications for the construction of Plan A Improvements, and take bids within twelve (12) months of the date of this Agreement; if later than twelve (12) months, the City shall either seek an extension of this Agreement by all parties having an interest,' or proceed independently, according to the provisions of Minnesota Statutes, Chapter 429. I (c) The City shall make the sole and final determination of the necessity and feasibility of the project solely determining in its discretion whether to continue with or terminate the project. 1.5 The assessments to be levied against the Subdivision or development will include all construction costs; engineering, legal, and administrative costs; fiscal costs including capitalized interest; and other contingent costs. Assessments shall be levied over a period of time and at a rate of interest to be determined by the City after financing arrangements have been completed. ASSessments to be levied against the Subdivision or development shall include 100 percent of the costs noted above unless the City agrees through a duly adopted resolution of the City council to pay for a portion of the improvement costs with City funds, or unless the City has determined through the hearing process to assess part of the improvement costs to other properties. 1.6 Should the Subdivider sell any part of the Subdivision or development to another party prior to assessments roll being filed with the County Auditor, the Subdivider agrees that said sale shall include all pending assessments, estimated or actual, for Plan A Improvements. 1.7 The Subdivider shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount not less than $1,000,000 per occurrence and $1,000,000 aggregate. The Subdivider's insurance certificate shall be in a form approved by the City, and shall -. accompany this agreement for its execution by the Subdivider and the City. Such insurance shall remain in full force and effect during the life of the Subdivision -- Agreement. · I 2.0 PLAN B IMPROVEMENTS 2.1 The Subdivider agrees to construct those improvements itemized below, hereinafter know as Plan B Improvements: The Plan B Improvements itemized above shall include all necessary appurtenant items of work as determined by the City. 2.2 The Subdivider agrees to proceed with said Plan B Improvements entirely at his expense, and to complete said improvements within 12 months of the date of this agreement. 2.3 The Subdivider will retain a registered Professional Engineer, registered in the State of Minnesota, to prepare complete construction Plans and Specifications for Plan B Improvements and to represent the Subdivider during construction. The I Subdivider's Engineer shall: (a) Prepare a Feasibility Report and arrange for soil borings and/or such other subsurface investigations as the City may require. (b) Prepare complete construction Plans and Specifications for City review and approval (the Subdivider shall submit four (4) complete sets of Plans and Specifications to the City for review and approval). (c) Secure all necessary permits including those required by the Minnesota Pollution Control Agency, the State Health Department, the Department of Natural Resources, or any other regulatory agency that has jurisdiction. .. (d) Prepare the Environmental Assessment Worksheet (EA W), if necessary, and any other related environmental documents, reports, or studies as may reasonably be required by the City. (e) Provide all necessary construction staking and related survey work. (f) Prepare as-built drawings on reproducible mylar sepia and submit them to the City (the reproducible mylar sepia as-built drawings shall become the property of the City). (g) Prepare and submit such other final documentation as the City may .- reqUire. - 2.4 The City will provide the following Engineering Services: . . I (a) Provide such city project standards, including special details and specifications, as the City may require. (b) Review and approve, require modification of, or disapprove construction Plans and Specifications. (c) Provide a City Representative for resident construction observation throughout the construction period. (d) Conduct a final inspection and review final construction documentation. 2.5 The Subdivider shall bear the cost of the above noted City Engineering Services and shall, before construction begins, place in escrow with the City cash, bond or irrevocable letter of credit in the amount of $::¡:¡:¡:::::¡:¡:II¡:¡:::¡: which shall be used to cover the cost of said services. Should the above amount exceed the cost to the City, the City shall return to the Subdivider all unused funds, including accumulated interest. Should expense to the City exceed the above amount, the Subdivider shall reimburse the City for all additional costs before the improvements are accepted by the City. I 2.6 In the event the City should approve the Final Plat pursuant to this Subdivision Agreement prior to the actual construction of Plan B Improvements pledged to be constructed by the Subdivider, then in that event, the Subdivider shall post with the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the estimated amount of 1.25 times the Engineer's Estimate of the likely costs of such improvements, conditioned upon the faithful construction of the improvements according to the Plans and Specifications, and final approval of the City Engineer, and the terms of this Subdivision Agreement. As the improvements are partially completed, the subdivider may request the City to release a portion of the Security representing the cost of the completed improvements as determined by the City Engineer, but at all times there shall be Security in an amount of at least 125% of the estimated cost of completion of the unfinished improvements. 2.7 Any Contractor selected by the Subdivider to construct and install any Plan B Improvement shall be qualified and competent to perform the work and have adequate finances to perform. The City reserves the right to require evidence of competency and adequate financial status of any such Contractor, and prohibit a Contractor who fails to provide such evidence from undertaking work on the improvements. The construction, installment, materials and equipment shall be in accordance with approved Plans and Specifications. 2.8 The Subdivider shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for installation and maintenance .- of Plan B Improvements. -- - . I 2.9 The Subdivider shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. The Subdivider's insurance certificate shall be in a form approved by the City, and shall accompany this agreement for its execution by the Subdivider and the City. The City and the City Engineer shall be named as additional insureds on such policy by endorsement. Such insurance shall remain in full force and effect through the end of the warranty period described in Section 2.10. The Subdivider shall cause each person with whom Subdivider contracts for the construction and installation of any Plan B Improvements to provide evidence of insurance coverage in accordance with the City project standards issued under Section 2.4. If all construction contracts are under the control of one Prime Contractor the Prime Contractor may provide evidence of Owner/Engineer Protective Liability coverage in accordance with these standards in lieu of the Subdivider's insurance certificate. Evidence of insurance shall be provided before any construction whatsoever begins on the Subdivision improvements. 2.10 The Subdivider shall fully and faithfully comply with all the terms of any and all I Contracts entered into by the Subdivider for the installation and construction of all Plan B Improvements and hereby warrants and guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan B Improvements. In addition to the Security required by Section 2.5 herein, the Subdivider shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of one year following the City's final acceptance of the Plan B Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. If the construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the warranty bond required by this section. 2.11 Within thirty (30) days after completion of Plan B Improvements, Subdivider shall supply the City with a complete set of "as-built" plans in accordance with Section 2.3(f). 2.12 Prior to execution of this Agreement, the Subdivider shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen performing labor or services, and all supplies or materialmen providing materials for the Plan B Improvements. This bond shall not be released until the subdivider has provided the City with proof of payment of all laborers and materialmen in the form of release, signed receipts, or lien waivers. If the Subdivider contracts with a single Prime Contractor, and all construction contracts are under control of the Prime Contractor, the Prime Contractor may provide the laborer and - materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the improvements. -- . . I 3.0 FUTURE IMPROVEMENTS 3.1 The Subdivider and City hereby acknowledge that certain improvements, not included as Plan A or Plan B Improvements outlined herein, will have to be constructed at some future date to complete service to the Subdivision. These improvements, known as "future improvements" include the following: 3.2 If a petition to construct any or all of the above future improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 429, is received by the City from affected property owners, the Subdivider shall be considered an automatic signer of said petition for all affected properties within the Subdivision remaining under his ownership or otherwise under his control, the Subdivider being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by Subdivider. .-.. 3.3 If the City, not having received a petition to construct any or all of the above - future improvements, determines that construction of certain future improvements is necessary and in the public interest, the Subdivider shall be considered an automatic signer of a petition for said improvement or improvements for purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signature shall apply to all affected properties within the Subdivision remaining under the Subdivider's ownership or otherwise under his control, the Subdivider being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by Subdivider. 4.0 OTHER CONSIDERATIONS 4.1 The Subdivider agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 4.2 The Subdivider hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Subdivider's interest in the Subdivision is fee owner. Prior to execution of this Agreement, the Subdivider shall provide - the City with a title opinion prepared by a licensed attorney stating the condition of title of the property. - # . I 4.3 The terms and provisions of this Agreement shall be binding upon and accrue to the ,benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Reference herein to Subdivider, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees shall be paid by the Subdivider. 4.4 Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City of St. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Subdivider at: I 4.5 The City will accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his knowledge and belief, the improvements have been completed in conformance with the terms of this Subdivision Agreement and all documents incorporated herein by reference. 4.6 All general and special conditions, plans, special provisions, proposals, Specifications and Contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 4.7 The Subdivider shall hold the City harmless from claims by third parties, including but not limited to other property owners, Contractors, Subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and land development. A Subdivider shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third parties. 4.8 The Subdivider hereby grants the City, its agents, employees, officers and Contractors an easement and license to enter the Subdivision to perform all work and! or inspections deemed appropriate by the City during the development of the Subdivision. .- -- , , 4.9 The Subdivider shall promptly clean any soil, earth or debris from streets in the Subdivision resulting from construction work by the Subdivider or its agents or assIgns. 4.10 The Subdivider shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Subdivider shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Seed shall be rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erOSIOn. 4.11 This Agreement shall remain in effect until such time as Subdivider shall have fully , performed all of its duties and obligations under this Agreement. Upon the written request of the Subdivider and upon the adoption of a resolution by the City Council finding that the Subdivider has fully complied with all the terms of this Agreement and finding that the Subdivider has completed performance of all Subdivider's duties mandated by this Agreement, the City shall issue to the Subdivider on behalf of the City an appropriate certificate of compliance. (Option 1) 4.12 The subdivider shall contribute $::::::'::::::¡:¡:::::::::::::::::::::: to the City Park Fund in lien of a dedication of land for parks, with payment to be made upon execution of this Agreement. (Option 2) 4.12 The subdivider 'shall dedicate as public park that portion of the subdivision so designated in the proposed final plat. 4.13 The City shall not issue certificates of occupancy for any building within the Subdivision until the building has been connected to sanitary sewer and water and the streets in the Subdivision have been constructed to the point of having a gravel base. The granting of a certificate of occupancy by the City shall not be deemed an acceptance of any Plan B Improvements or a waiver of any of the City's rights under this Agreement 4.14 Except for costs included in special assessments for Plan A Improvements, the Subdivider shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in - connection with all matters relating to the administration and enforcement of this Agreement and its performance by the Subdivider. Such reimbursement shall be - made within 14 days of the date of mailing the City's notice of costs. If such .. . - - reimbursement is not made, the City may hold all Subdivision development work until, all costs are paid in full. The City may further declare a default and collect its costs from the security deposited in accordance with Section 2.5 of this Agreement. 4.15 If any escrow account or bond deposited with the City in accordance with this Agreement shall have an expiration date prior to the Subdivider's obligations hereunder being complete, the Subdivider shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security or renew such security shall constitute a default and the City may declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the City as a security deposit in the same manner as the security theretofore held by 1he City. 4.16 Upon approval and execution of this Agreement, the City shall approve this plat plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions and Zoning. If the Plat contains the dedication of an easement, the following language shall be included in the dedication: ...-... "To assure public use of the drainage and utility easements, this dedication specifically restricts the property owner from constructing any structure or fence, ~ planting trees or shrubs, or storing personal property within the area of the easement which could delay, restrict or impede access through the easement area by a person or vehicle." 4.17 The following additional agreements are being made a part of this Subdivision Agreement to continue in force and effect as though they were dedications of the plat proposed to be developed by the City, unless according to their terms are intended to terminate earlier: 4.18 The provisions of Chapter 5 of the St. Joseph Code of Ordinances (1992 Edition) are hereby adopted by reference in their entirety, unless specifically excepted, modified, or varied by the terms of this Agreement, or by the final plat approved as approved by the City. - - · I This Agreement shall be binding on the successors and assigns, heirs, and personal representatives of the parties. Signed and executed by the parties hereto on this _ day of , 19 - ArrEST CITY OF By By City Clerk Mayor (SEAL) (SEAL) SUBDIVIDER: By Name, I Title STATE OF MINNESOTA ) )ss COUNTY OF ) On this _ day of , 19 _, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Clerk of the City of , the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF ) On this day of , 19 _, before me, a notary public within and for .- said County, personally appeared , to me personally know, who, being by me duly sworn, did say that he/she IS the President of -- , the corporation named in the foregoing instrument, and · I that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation. 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Johnson 414 Nicollet Mall Attotne}S Vice President and General Counsel Minneapolis, Minnesota 55401 Gene A. Sommers Hollies M, WInston Telephone (612) 330-6600 Ralph S. Towler Stephen C, Lapadat Vice President, Secretary and Financial Counsel Fax No, (612) 330-5827 Harold J, Bagley James L. Altman Dsvld A. I.8wrence Jack F. Sjoholm Donnellda L. Rice Director-UIw Director-UIw Cheri L, Brix Writer's Direct Dial Number February 27, 1993 Michael J. Hanson Michael C, Connelly John W. Haine Chandra G. Houston Audrey A. Zibelman James P. Johnson TO MUNICIPALITffiS AND COUNTffiS IN NSP'S ELECTRIC AND GAS SERVICE TERRITORffiS: Re: Minnesota Public Utilities Commission Docket Nos. E-002/GR-92-1185 & G-002/GR-92-1186 On November 2, 1992, Northern States Power Company ("NSPtI) filed for an electric and gas rate increase with the Minnesota Public Utilities Commission ("PUCtI). The I Commission has referred this filing to the Office of Administrative Hearings for evidentiary and public hearings. In accordance with paragraph 4b of the Commission's Notice and Order for Hearing dated December 14, 1992, attached is the notice of scheduled public and evidentiary hearings to be held in this proceeding. If there are questions, feel free to call the undersigned. ¡j~ Michael J. H Attorney Attachment -- ...... ! PRICE INCREASE NOTICE: i - I HEARINGS ON NSP'S I - REQUESTS FOR ELECTRIC AND GAS PRICE INCREASES Public hnrin¡s are ~hodulod on Nonhem Slal= Power Company's !'<qu=u (or el~ric and ¡I.! rale inc:tUJeL Any NSP Cu..llomer may appear or make a Slmment IIlhe:se bearinp. You lIe invilod to add~ concenu such I.! Ihe adequacy and quaJilY o( NSP's urviœ, the level of pric= or olher relalod manm. You do nol nm 10 b<: ~resenled by an anol1>ey, The hurinp will be: Wodn=day Monlevideo Thursday Minneapolu Marth 10 C1ùp~ Cty Counhou.. Marth 11 Hennepin Cty Gov Ctr 7:00 pm, Ñ$(mbly Room 1:30 p.rn. Audilorium . A level IlIh 51, and WaslUn¡ton Ave. &: 7:00 pm. 300 So. 61h 51, Wodnesday DUwonb Th ursd.1y 51, Cloud March 17 [)(pol Hill Marth 18 Nonh Jr, Hi¡h School The<tler 7:00 p.rn. Hwy 10 &: 41h St. N.E. 7:00 p,m. 1212 29th Ave. N, Wodnesday 5t. Paul Thursday Coon Rapid5 March 24 Public Uliliti= Commi!sion 'M ucl1 2.1 Anoh.Ra1tmy Comm COU'ie I 1:30 p.m. Lar¡e Hearing Room, 3rd noor 7:00 p.m. College Dvlpmt Ctr, Rm 101 I &: 7:00 p.m. 121 71h Place E. 11200 Mususippi Blvd N.\V. 1\1 e>d.a y Winona Wednesday Manhlo Marth 30 Winona CIY Counholl!< Marth 31 MinnesoLi Valley Rgnl Libruy ! 7:00 p,m, Con(,rence Room A 7:00p.m. Audilorium ¡ 3rd &: Wasbin¡ton 51, tOO E. Main 51. Evidenûuy be.arings (or pr=nLiûon of rormaJ direct teslimony, rehunaJ and surnbunaJ lestimony, and crou-e:wrù=ion o( Ihalteslimony lIe ~hoduJod 10 b<¡in Wodnesday, April 7, 9:30 "-m.. and conlinue Ih,mrler as nmed, al the Publi< Ulililies COl1UTÛuion, Ur¡e Hearln¡ Room. 3rd·noor, 121 71h Place E" 51, Paul, MN 55101·2147. Informaûon aboulthe publie and evidetlliuy hurings may be obwned (rom A,hru,ùmau" Law Judg= Rklurd C. Luis regarding the el~ric ~ and Al!an W. KJ,in re¡wng the p.s case, Orrice o( A.cIministraûve Hearinp, Suil. 1700, JOO Washin¡ton Square, Minneapolli, MN 55401. N5P hIS askod Ihe Minnesou Puhlic UIUili= Commi!sion (or increa= in bolh eI~ric and ¡as reta.iJ prices. The Company's request in iu eJeroic ~don ~ (or a 9 percenl (S1I9 million) in= I in rcvtnu= and a 6 percenl ($15 million) increa<e in gas revenues. While Ihe Cornmùsion u collSid,ring both !'<quests, an interim price in== or 5 percenl U now bcin¡ appliod 10 el~ric bill1 and an inlerim in~ of 3 pe"",nl U being appliod 10 ¡IS billL J( tbe final level o( ral= ul... than the inlerim rare coUected (or any gas or elearic customer, the = amnunt, plw inleresl will b< re(u.ndod, Tbe public hearings will provide an opponnlÚlY (or cu.stornm and othm a¡fected by thc proposed inc:reas.. 10 pres<nllhoir vi......, to the Adminislrauve Law Judges and the /'oUnnesoLi Public Ulllili", CommUsion. AvoMlCe Monthly EJoclrie BlliJ MODlhly U.. P.....lous Inlerim Proposed R.uideDUII SOO KWh S 36.08 $ 38,01 S 39.97 Small GeDeMlI Senlce 1000 K\\'b S 69,77 S 73.51 S 75.83 GeneMlI Sonlce 30,000 KWb/75 KW S 1417 ,00 S1493,oo SI544.oo A veMlce ~lonlhJy Gu BULJ Monthly Uu PrnlouJ lolerim Propo~d R..ldenûal 100 CCF S 48,04 49,79 51.10 Commerdal '" Indu.slrill 500 CCF S211.59 217 ,4S 221.68 (A CCF u 100 cubic (eel o( ¡u) - --.. .. . . . ..-- -..... ...-...... -.. - ------ .-- .... N5P REQUESTED THE RATE CHANGES DE5CRJBED ABOVE. THE MI:O¡ NESOTA P UJlUC UTJ1JlTE5 COM1lfiSS10N COULD EITHER GRA.'IT OR D E..'!Y THE REQL 'ESTED CIUNGES, IN WHOLE OR IN PART, A/oo'D MIGJIT GRA.'IT A LESSER OR GREATER L'ICREASE THAN THE ONE REQUESTI.D FOR A.'!Y CLASS OR CLASSES OF SERVICE. Ir you wa.nt more in(onn.aúoD abouI thiJ in= conLict the Minn=OLi ""blic Uúlities CommiJsion. 121 7th Pia.. E, 5uile 350, 51, PIU~ MN 55101-2147 or caJl296-7126 or I(SOO)6S7·3782. You can "",mine Ihe ¡nrormauon N5P sub mined 10 the MPUC ror Ihe gu ond e!tctrie fùi'æ durin¡ nonnal bu.sInesJ hours 21 the [)(pu1m,nl o( P\Jblic Service, SUJle 200, 12 -7lh Place Eo..sI, I, uI; and .t Nonhem StaleS Pow<t Comp.any offices at 414 NicoUet /'oWl, MinneapoliJ; 3115 Cenlre Poinle Drive, Ro1"'ille; ru Ri~ 51reet, 51, Paul; 421 Wabasha St., 5t. Paul; 2302 Gmll Nonhem Dri'... Far¡o; 3000 M...""U Ave., New!","; 3515·3rd 51, 1'1., 51, Cloud; 2763·ISI Ave. NW, Farlbaull; 1700 E. Cty Rd E. Whi~ Bar Lake; 3930 Pepin Ave., ~ Win¡; 5050 Suvi.. Drive, WinoJU. InroffiUlion relalod 10 the el~ric min~ only ÎJ ava.ilable dUM¡ nonna! husineu hours at 4S01-ó8lh ^"'" 1'1, Brooldyn Cenler; 5309 w, 70th 5t., Edina.: SOO W. RusseU St., Sioux Falls; 210 Lime 5t, Manulo; 5505 Cty Rd 19, 5horewood; and IS05 WulûngtOn A""" Monlevid= I\SP ~ Northem StAl.. """'er Company ~ · The PRODUCTIVITY PIE has three essential ingredients. MONITORING I Does your city have ALL THREE in place------~l -I to maximize i~~ productivity pie? i ¡ I í ¡-- - ___________-1 - Measure - know where you are now - identify your city and staff productivity levels Manage - know where you need to be going - plan and make recommended operational changes Monitor - know if you are getting there - get on-going benefits from productivity improvements Accomplish productive change.. .maximize your city's productivity. PINNACLE PERFORMANCE GROUP DENNIS B. MOLL - 3916 FOSS ROAD #104 MINNEAPOLIS, MN 55421-4533 (612) 788-2118 IMPROVING BUSINESSES THROUGH MANAGEMENT SERVICES AND INFORMATION SYSTEMS