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Home My WebLink About2001 [02] Feb 01 {Book 21} . ~ CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph City Council St. Joseph, MN 56374 Februaryl,2001 (320) 363-7201 i 7:00 p.m. ¡ Fax: 363-0342 , I 1. 7:00 pim. - Call to Order - , i , , 2. Approve Agenda I , MAYOR 3. Consent Agenda Kenneth J. Hiemenz a. i Minutes - January 17, January 18,2001. Requested Action: Approve b. Bills Payable & Overtime. Requested Action: Approve c. . Developers Agreement - Pond View Ridge Phase Six. Requested Action: CLERK/ I Approve as drafted and recommended by the City Attorney and authorize ADMINISTRATOR I Mayor and Clerk to execute (Final Plat approved by the City Council on December 7,2000) I d. I Lake Wobegon Trail between Avon and St. Joseph. Requested Action: Cari Schmidt I Authorize Mayor to send letter of support for DNR Funding. e. i Ordinance 69 - Alarm Permitting Requested Action: Approve as amended COUNCILORS by the City Attorney authorizing Mayor and Clerk to execute and publish. Bob Loso f. I Ordinance 84 - Establish Permit Parking Requested Action: Approve as .E~lert I drafted by the City Attorney authorizing Mayor and Clerk to execute and Wit i publish. Mary Niedenfuer g. Capital Purchase Request - Office furniture for Police and Administration. i Requested Action: Approve request with funds being expended from each I department's capital accounts. h. i Liability Insurance -Annual renewal. Requested Action: Deny umbrella I policy (policy would have added 1M additional insurance) and accept statutory ¡ tort limits. i 4. 7: 10 p.m. - Public Comments 5. Department Head Reports a. I Police Chief b. Director of Public Works ¡ 1. Annual Well Cleaning i 11. .Discussion on the vacation of the building at 21 - 1st Avenue NW I i 6. Engineer Reports I Maprequest for Council Chambers a. I b. I MSA Street System Update c. Capital Improvement Plan Update , I 7. Mayor Reports . 8. Cou*ilReports ¡ I I 9. ClerK! Administrator Reports I i I 10. Adjo~rn I I I I I ¡ , . . . · Pursua~t to due call andnotic~ thereof, the City Council met in special session on Wednesday, January 18, 20r at 5:00 p.m. at the Sf' Joseph Meeting Grounds. Members Present:· Mayor Latry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, Al Rassier. Clerk/Ádministrator Judy Weiyrens. Others li'resent:City Attornehohn Scherer, tit; Engineer Joe Bertendorf, City Borid Counsel Monte Eastvoid, Public W orks Dire~tor Dick Taufen, Nick Phal. City +orney John Sc~er"r slated the purpose of this meèting was~o present in""dllctoryll1aterÍal to the new C ' uncilors an~, provide,!" opportunity for the experie~ced Council ",embers to share input. Scherer presen ,ed the Council with the. following information: I 0 Governing Rulesl for the City of SLJoseph 0 General Rules o~the City Council· . 0 Delegation authority of the City Council 0 Meetings ( publiGation requirements and quorum) , 0 Open Meeting L~w 0 Counting Votes + Super Majority-vs- Majority 0 Rules. of conduct for meetings 0 Actions of Councilors I 0 Conflicts of Interest 0 Gift Law I 0 Contract requirements I · 0 Land Use Rules i 0 Lawful ExpenditUres I City E gineer Joe Bettendor£presented the. Councilwith the following information: i 0 Role.ofthe City Engineer 0 Boards! Commi~sions the City Engineer represents on behalf of the City ofSt. Joseph I 0 Private Develop~r and Conflict of Interest 0 Updated the Council on the current issues facing the City Council (Millstream Storm Sewer Repair, Computer mapping, Joseph Street Improvement, St. Joseph Business Park, Northland Addition, Capital Improvement Program, Pond View Ridge Sixth, CR 121 Improvement, Golf Course Project, Municipal State Aid System, St. Wendel Sewer Negotiations, Current Transportation Issues. I City Bond CounselMonteE*stvold presented the Council with information on the DebtManagement Study ¡prepared in October 2?00.iThe study includes a detail cash flow for each bond food the City has outsta ding. i Judy' eyrens. I Cler Administrator · i I i I i I i I I · · · i I , I · Pursua t to due call and notic~ thereof, the St. Joseph City Council and St. Joseph Planning Commission met in joint session on wednlsday, January 18,2001 at 7:30 p.m. in theSt. Joseph City Hall. Ci C uncil Members Preserit: Mayor Larry Hosch. Councilors Bob Loso,Cory Ehlert, Al Rassier, Kyle S hneider. City Clerk! ~dministrator Judy Weyrens. PlanniJ Commission Memblrs Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge esnick, Kurt Schneider, Michael Deutz, Jim Graeve. Planning Commission Secretary Chad Cadso I I Others resent: Diane Schneider, Tim Borresch, Sue Borresch, Jim Hardwick, Noreen Loso, Ben poeppt, Mary A1m Poeppirlg. Mayor Hosch stated the purpLe of the jOint~ting is to,,\ the recent changes to Ordinance 52 and 55 of the St. Joseph Code of Ordinanc~s as Its tosecunt:; rentallicense maR-I, Single Family zone. IA recent lssue before the Planmng C p ..~.. <~~~:on"~;., concern whether or not the Or?mance should be changed to allow non owner occu'j¡~tllll:t_,· an R-l area. Further, the CouncIl and Camm ssion need to discnss rhere R-3 zo~' Plannimg Commission Chair bary Utsch stal',,'æìJ... .'1 .' .' e to see an area zoned for single family rental, rot necessarily student rental. He u~' sÚmds't ¡;¡ inance was changed to only allow owner occupied rental in R-l zone to help protect,;,.,,¡integrity of 1.~ßential neighborhoods. However, by eXcludtng non owner occupi~d rentals, the City has <$I~lrded families from renting homes in residential neighborhoods as well. !'*f!, · NoreJ Loso stated she was l memher Of~i~~' e which reviewed the Ordinances and rec01rnded the changes ili.t are now bei ",.. scnssed at thr"". ,eting. First, she stated that the City cannot ha~e an C?rdi~ance th~t ~iscriminates a.ains¡J~~de1}¡¡ . Secondly, the Housing C~mmittee was ~hargeld wIth r~vlewmg the C(rdmances and re 1+" . ~!.~ges that ",:o~ld leave. ne~ghborhoods mtacJ'nd provIde an area fo~ R-3. In Loso's ::(;íYill~ij:1j~~~iimng CommlsslOn at thIS tIme needs to revie rhe zoning map and fjnd anapproPria",;¡¡ nr -:r. Jim H rdwick stated that he ioo was part ofthJ1ff'ousing Committee and feels there are two issues at hand: t) How should the City handle the re~1fIFIn Borresch? 2) If an area inthe City limits I ere to be designated fls R-3, (multiple familY~\¡¡~IJJ,here would it be? Hardwick stated it is his opiniop the middle section of the City should be zonqlll-3 as it is near the college. It is his under~tandin.g that many ~f ~re complaints received ~IJght are .from foot traffic to. and ~om t.he bars and stude~t housmg. By provldlrg an area near the collegetifor housmg, the early mornmg dIsruptlOn of the neighiorhOods should be les~ened. Bob Loso stated it is hisoPiLon that the entire downtown area should be zoned R-3 .as the City of Sartell has reÌently done. Loso st~ted it is his understanding the Ordinance cannot include a provision whereby a rent 1 license could be secured in an R-l area by issuance ofa Special UsePermit. The City Attorney has prbvided information th,h issuing a Special Use Permit may leave the City open to litigation. Hosc~stated that the City c~ot discrinnnate based on familial matters and does not support changing an Ordin nce limiting a rental drea to family units only. The City cannot legally make such a change. I I · Ehlertl stated that he has met! with Deutz andCarlson and discussed the need to review the Zoning of St. Joseph, and the Comprehensive Plan as well. The Comprehensive Plan was last updated in 1996 and shoul be reviewed atthis time. 1 I January 18,2001 Page 100 · U stch clarified that he voted against the rezoning request of Tim Borresch on Monday night as he felt the Planning Commission should review the entire area to determine R-3 zoning. Utsch stated that he has some ideas that he would like to present at the next Planning Commission meeting. Tim Borresch stated that he make an application with the City to rezone three parcels from R-l to R-3. The property he was seeking to rezone was bordered by R-3 zoning on the east and a street onthe west. In Borresch's opinion the rezoning would continue the present zoning and not be spot zoning. While he understands resident's fear that once the property is rezoned the present single family homes house could be tom down and an apartment complex built. Borresch stated that is not his intent. However, someday that area could be senior apartments with a garden in the front yard. Borresch encouraged the Council and Commission to assess all the possible uses for the property and not assume it will become an apartment complex for student housing, ~ Al Rassier stated that he too was part of the.. ¡~sing Commit '~ nd agrees the Planning Commission and City Council need .to .determine ~n area .for f"];,llipl.efa111~~~þ,' ~. Howeve.r, Rassier .stated that he understood the mam Issue for thIS meetmg t(\fjJ,~til1:~JiIt(¡hI!!I:o;f4('}11ange m R-1 Zomng, allowmg only owner occupied rental units. Marge Lesnick stated that it is her opinion mmission was not consulted before the R- 1 Zoning change was approved by the City~;;, the Planning Commission passed a resolution requesting the Council place a mr·lorium on re ,'". enses but they were not consulted beyond that. Les~ick does not agree with therevis~'ij¡~inance requiring all future rental units in an R-l to be owner occupIed4<JéfN*'f4!h . .Æ,IV· ··"~'.t · Æ4H!w" . .. . xWt9ßj ;,"01%&'" 'III! Bob Loso stated that the purpose of the co~~._n_ltcvieWing the Ordinance was to find a way to protect the residential neighborhood. ¡'¡". still provide( .. ..... .. ea for multiple family dwelling units. Further, Loso stated that the Cha~r ~fthe Pfanïï Co~¡n¡,~sion was part of the Committee and should have reported back to the CommIsslOn..:~;; TI j!\W.- Jim Graeve stated that he feels the City needs Î,'!~''''~'tive when defining a family and then read r?E:,:~ aloud the definition from the census bureau. I'¡i. ds as follows: "A family is any two or more related '}'<:{# people living in a household." It is Graeve's"ð'ß nion that if the definition of a family where changed, the Ordinance could be modified to allow ho.'S1~'~ðlFamilies only as defined by the Census Bureau. I Kurt Schneider stated that over the past years the Ci.s changed the Rental Ordinance and Zoning Ordinance making it difficult for landlords to purchat·;IDmes and convert them to rental properties. When the definition of a family was changed from 5 to. 3 unrelated people it became difficult for landlords to cash flow single family homes. The recent change of the Ordinance has now made it difficult for the resident who wants to rent their home on a short term basis to persons other then student population. Schneider stated that the current Ordinance allow all residential areas to rent a portion of their home. Ehlert stated that he would prefer to handle each rental request on a case by case basis. He stated the no two cases are the same and the Planning Commission can look at the integrity of each case using the Comprehensive Plan and Zoning Ordinance as a guideline. Loso disagreed with Ehlert and stated the City would be setting precedence and their decisions could be challenged as arbitrary and capricious. · Loso stated that furthermore, in 2000 the Council agreed to amend the Ordinance and that decision should be honored. The Commission should determine the best area for multiple family housing and request rezoning of that area as necessary. January 18.2001 Page 2 of3 i · Ben Poe~ping stated it was his :understanding the purpose of the meeting at this time was to review the request 9fTim Borresch and fi~d a way to allow that property to be rented to a family. As far as protecting neighborhoods from rental properties, Poepping stated they have already seen rental units in Pond Vitw Ridge as the paren~s of students purchase homes for them to live in while attending school. Jim Hartwick stated it is his opinion that the Planning Commission should review the zoning of the entire City. It s his understanding that neighborhoods such as Ash Street have been saturated with rental units due to a ~Ck of establishing ari area for rental units. The Planning Commission should investigate tbe amount f present housing stock that is rental and how much should the City have. Mike D utz stated it is his opi1;1ion that rental units belong adjacent to the College of St. Benedict in the downto area. Allowing rental in this are " , . sruptive to the long term residents of the City. Hr too concurred the Pllmning Comm' on and City . dl should review the Comprehensive Plan as e, Carlson and Ehlertlhave discuss "is in the past. " Kalin0'Yski concurred with Utsch and to review all the zoning in the City and look at alternatives to include the possibility¡lll_flt"iinlt~ itional zoning district. Two of the current Plannint Commission members were part 'e Housing " ittee and can provide the Commission with th needed information. : ' ill ¡¡¡¡ , carlso:rtated that as Ehlert and Deulz me ed, the Com '. sive Plan needs to updated at the same time zo ing is :eviewed. Thefe are som7 funding~Vailable to assist the City with the cost of · reVIew and reVISlOns to the ComprehensIve Plan.>\', ed III the past the APO has provIded such I ! --x v -" "Y~~}.A?Jø~ aSSiSJe. ¡ It · . . ~~. Loso ade a motion instru~ting the Plan~=;io 'eview all the zoning classification in the Cit: of St. Joseph, paying particular atteI!!!~m to R-3 Zonmg and report back to the Council withinro days. The motio~ was seconded ~sed unanimonsly. ,. .,. . I III : ::,,:::),::-.'___~::_ ;¿"'~' .__ .c·-- -~?Ff~~ Adjou I : Loso made a motipn to adjourna.~:~'ttfl!ìonded by Ehlert and passed unanimously b th S t I 102(1 Y 0 e presen . I êçj!JP'" i it. Judy I eyrens City Clerk! Administrator · J""T8.2001 p"d ,n · Pursua t to due call andnotic,e thereof, the City Council for the City ofSt Joseph met Monday January 18,20 1 at 7:00 in the St. Jo~eph City Hall. MembLspresent: Mayor Lak Hosch. Councilors Cory Ehlert, Bob Loso, Al Rassier, Kyle Schneider. I Clerk! Administrator Judy W ~yrens. Others Ipresent: Pat and Lau!. Bednarz, Ke; ~ hum:.s'~Ch, Dick Loso [ i ,"... ~.~, Agend Apµroval: Loso mo~ioned toappro'~ B\'ØIi~ifr~ddition of (e); seconded by Schne'!der and passed unanimously. I i a. City Ha~l Re~OdelingprOjec'"":lŸapÎf'bf).h1¡$ 51,3QO - GopherStateContractors b. ExemptlOn fi;om Lawful Ga9,:,;' ,W.~t .. tmters for an event to be held at the La Playette on May 7, 200 1.01;IiiA\j¡wt"'&".M?;~,"" I ~t',"" -"ii;;;'t'.Wo~~ c. Bills Payable - Check number· 272- 29332 and overtime d. Minutes, January 4,2001 e. Exemption :&;om Lawful Gambling, St. Jo 'sh for an event to be held on February 28,2001 at the St. Joseph Parish Ce I i i Open to the Public: No one Rresentwished to speak. · Police Dog Request: . Chief Will was not pres 'the meeting, therefore reports were limited to the issues [f the police purchase pf a drug dog, ansfer ofliquor license regarding the La Playette. Hosch stated these decisions rust be made regardless of the absence of Police Chief Will. Mayor Hosch opened discussion on the proposal to pay for a drug dog training, and us~ ~flthe dog as needed. Eh~ertclarified that the City Valley has agreed to pay $175 oft1.1e $300 trammf cost. ! councilor Loso stated he waj concerned because if the decision is made to have the officer and dog, they could ,ventually become full: time employees elsewhere, and the City of St Joseph would be left without an officer and a dog.! MayoiHOSCh stated many mþdifications would have to be made to squad cars and Hosch agreed with Loso i regards to the City of St Joseph not having ownership of the dog. Hosch also stated the City of St I Josep has a Mutual Aidagr~ementwith the City of Cold Spring, Sartell, and Waite Park. At a recent meeti g Hosch stated that he! had the opportunity to talk to the Police Chief of Waite Park and the Steams Coun Sheriff. Both stated that if the City need a police dog the County and Waite Park could provide that se vice at no charge due.! , í Schne der stated this dog woµld only be trained for drugs, while the dogs from these other sources are also tr ined in searching. I RassiJ stated he is concerne6 about always having the dog when needed. He feels if the dog is shared betwe· n two cities, it may bd on duty in Eden Valley while needed here. I · i ¡ Ehlert wanted clarification tHat all of our needs are currently met without the City of St Joseph having owner hip ofadrug dog. Mhor Hosch assuredEhlert all needs are currently met. I I ! January 8,2001 Page 1 öf 5 i · Loso made a motion to deny Police Chief Will's request to pay for drug dog training, and use of the dog as needed. The motion was seconded by Rassier. The motion passed unanimously. ens presented the Council with the ant. The application for license (l and Sharon Ai .~ , as shareholders. Based on information in the background check Police ended that David Aistrup be removed from the license or if not the license should be denied. Weyrens stated that she contacted the City Attorney who reviewe.d the ma.tter and stated t.~~~",~?:mation Will was refe~ng to o~c~ed over 10 years ago ~he mformatlOn may not b~ ~~,; ~ anT.. 'Sc~'eret;*.~d that generally mdetermmmg cha~acter courts ~Ill use a 10 year rule. Addl.J&~'\t~~ì:nlY a shareholder he does not need to be hsted on the hcense. '. ; -"~î_ìI\t~,,~>_ ;' ;;",,' , , ~"''"'~0á11J]...~ Bednarz stressed he is associated with Aistrup for financial purposes only, Aistrup will not have any manag~rial d~ties. . Bednarz stated he ~s excited about ~:~iJ;.fla'4~iness here in the City of St Joseph and feels thIS busmess IS a good way for hIm to get to k:QQd!He"peºpJ~{ef St. Joseph. "!lfìi'ì'.jlîlj~Jij¡¡g~ijai1!iR~~f~~i~i' Ehlert moved to transfer the liquor licensAfgthe La PlayertJ:"Ì~P & L of St. Joseph Inc. The motion was seconded by Hosch and passed unanimously. Public Hearin - Ci arette Sale to Minor Losa~;~~~~~;'H~~ opened the public hearing at7:15 p.m. and stated the purpose of the hearing was~d violation of Ordinance 65, Cigarette · License. On December 30, 2000 a 14 year 01 allowed to purchase cigarettes at Loso's Store. Dick Loso,owner, Loso's Store, admitted to selling tobacco to a minor. However, DickLoso stated it is his opinion that Loso's Store is in complia ···,,,Dlik completed the required training ~"'o:' ,,",' programs, and Loso's Store has posted all the mandato~fcci, rnings. Dick Loso stated the clerk chose to sell the minor tobacco, not Loso's Store. He explainedYD\ttendant at the time did ask for identification, but she felt bad because the individual looked 18. i~~? Rassier motioned that a violation of ordinance #65 had taken place at Loso's Store on December 30, 2000; seconded by Loso. The motion passed unanimously. Councilor Loso feels Loso has complied with regulations and stated the store is not at fault since the clerk chose to sell tobacco, not Loso's Store. Councilor Loso stated Loso's Store should be issued a warning. Schneider stated he would like Loso to pay administrative fees. Dick Loso stated each employee is given a packet and a training tape which explains regulations and consequences of selling tobacco illegally. Each employee is told the importance of checking identification of all customer trying to purchase tobacco. Upon completion of the training program, each employee must sign a statement acknowledging they have viewed the training video and completed the mandatory training. Hosch made a motion to issue a warning to Loso's Store for violating Ordinance #65. The motion was seconded by Loso and passed unanimously. Department Head Reports: There were none at this time · January is, 2001 Page 2\òf 5 . COUNCILOR REPORTS SCHN . IDER i FamilvlFun Day: Schneider istated thatthe Family Fun Day sponsored by the Park Board on January 13 was a s~ccesswith 150-200 kids in attendan dl "the Park Board Schneider thanked all of the local bI' sinesses for their donktions. Schneid k board meeting is January 22, 2001 a the Council Chambers. m I I EHLE ' T i Recre.lon Asso7i~tion: Ehl~rt :eported the S7 ' ~ssociation is in it's second seaso? with ~hb new facIlIty an~ has paId the CIty the: ~"'.JíJlllfi'ts. The RecreatIOn AssocIatIOn IS workIlig on a MondaY.lll.ght S.oftballleague. Alli41"#k~..Z¡¡¡i%A'" I - .- m<tWiW~ RASS ER : Planni, g Commission: RassL stated the Plannin¡¡"," t on ) anwrry 8, 200 I to discuss the possib}e rezoning of Tim Bovesch' s property tdlÎÎiii ...... .de their recommendation which will bel discussed later. Rassier stated the co~on also announø~ ary Utsch as the chair of the comm~ttee and S. Kathleen Kalinowski as the deputy chair. In light ofthe recent debate over Tim Borrelh's property, the PlainingCOmmittee ,,:~. " ,. e zoning of the City. COREl: Rassiershared the ÇORE Committee , 001 with little student participation. . .Rassief S. tated the next meetin. g will be on Feb: 21,2001 in the new city hall and the committee will be disdussing the Noise Ordihance. . LOSO .... Mediafion: Loso stated labor negotiations between the':~,\,all(~ the ASFME Union is scheduled for J anuat1Yli 19, 2001. The negoriations are a continuation cRìte Mediation. i Mayor Reports Buildi . Inspector APDOinJent: Hosch requested authorization to place an ad soekingapplications for BUil. diri g Inspection. HOSCh.'...stated he do.esn't necessarily W.ant to hirea newbuildirig inspector, but would like to use it as a price comparison. , Loso~ade a motion authorizing the publication of an ad requesting proposals for Building Inspection Services. Ehlert seconded the motion. I I Ehlert stated the council should think about making a staff member responsible for building inspections. Ehlert feels it could save money and the inspector would have a greater interest in the community as a WhOle! Hosch responded thåt it may be cost prohibitive to have a staff member as the building inspector as it r quires considerable training and certification. Coun I ilor Losostated the a~orney has recently given his costs for the next year and feels this would also be a good opportunity to sed what other attorney's are offering. i . i January 18, 200 I Page 3 of 5 I I I I i I i Hosch amend the motion to include requesting proposals for legal services "ith the deadline for . submission February 8, 2001. The motion was seconded by Schneider and passed unanimously. Half Cent Sales Tax: Hosch stated that he Ehlert met with St. Cloud Mayor Larry Meyer and Engineer Steve Gates regarding the possible Y2 cent sales tax as well and sewer expansion. New City Facility: Clerk/Administrator We . . ~tion has begun to move to the new City Hall, and hopes to be·operational next week. Weyrens announced the final inspection is scheduled for January 29, 2001 at 9:00 a.m. The admini~~.¡f~:building will be done first, and the police offices at a later date 1J!ff\\\'k -"~ìr{$""~ . .,~Ji4~¡;¡· ... .. ... ~""JtI~l Recess: At 7:30 p.m. Loso motion to recesi"f' .. "_~~e who wanted to attend the rezoning request regarding Tim Borresch's Þ perty. The motIon is seconded by Councilor.Rassier and passed unanimously. The meeting was reconvened at 7:45 Schneider stepped down from his chair. as and his discussion would be a conflict of interest. , _<F,.;"",,,,,¡,, Rezoning Request - Tim Borresch: Tim Borrtf eared before the Council to request rezoning of the following property: . 1. Southerly 115 feet of Lot 8, B 7 Townsite of St. Joseph 2. Lot 9, Block 7 Townsite ofSt seph 3. Northerly 83 feet of Lot 8 and all of Lot 7, Block 7 Townsite of St. Joseph The matter came before the Planning Commission on J1' 8,2001 and itwas the recommendation of the Commission by a 4-3 vote that the request be denie Loso stated the Planning Commission has since been instructed to review the R-3 zoning and where it would be appropriate to rezone an area R-3. Loso stated it is his opinion that the area being considered for rezoning is appropriate and he feels that the Planning Commission at the completion of their study will rezone the area in question R-3. Therefore, Loso motion to approve the re-zone request of Tim Borresch zoning the property stated above R-3, multiple family. The motion is seconded by Ehlert. Councilor Ehlert feels the area will be rezoned R-3 at a later date after the Planning Commission researches the area. Ehlert also feels to vote for the motion will be against the recommendation of the Planning Commission which he does not support. Ehlert feels both the Planning Commission and the City Council should be in agreement. Ehlert stated waiting until February 20,2001 would be wasted time if the Planning Commission is going to re-zone the area R~3, if this is the case it should be done immediately, out of respect for Borresch. Mayor Hosch agreed with Ehlert, the Planning Commission and the City Council should be in agreement, and work together in re-zoning. Hosch also feels Borresch has gotten a petition signed with 32 signatures of people around him approving ofthe re-zone. Tim Borresch stated he understood the Planning Commission feels it is the best area but wants more time . to decide. . Borresch is appreciative of the Planning Commission wanting to help him, but he feels the January 18,2001 Page 4 of 5 ! ! . i . properf· Will. be.re.-zoned to R.¡I.. -3 even.tuallY, .it .WOUld. be. in th. e best interest of helping him.. to do it now so as not 0 hold up remodeling. . . I i Rassie I stated he would like to take more time to decide the issue. Rassier feels waiting until the Februar.15, 2001 m. eeting W.ouldbe beneficial in the.. decision making process. I ~ ~ , I ~-- .' '" Borresfhstated he doesn't feel voting for g the prop wouldbe against the Planning Comm~ssion because when tijey research the erty more he is . ent their thoughts will change. Borresth stated it is the councils responsibili , not the Planning Commission. The Jotion passed unanim¿usly. ... ..... i.·~ . Safe Trainin:. ClerkJA?~~~istr~t?rW eyre.t<¡¡i~1J~~ Public.W orks Director Di~k T.aufen. Taufe , along wIth the adJOl~mg ~ltIes of wall.> :~wa~~~ area m ~h.e process ~fs~Itchmg safety onsultants. In 2000 the CIty contracte· th Safe Assur~fety trammg. In revIewmg the annual contract and discussirig the program it was the consensus of the area cities to switch companies from S!afe Assure to Safety Train. The new program will" .." insurance requirements and will be considerably less than the fe~s paid in 2000. .. 1 I ~ I _qw,* Loso ade a motion enter into a contract .~afety Train f~f " ing for the year 2001. The motio[l was seconded by R~ssier and passed unanimously. I I "'W",% ? iD' Adjou : Loso made a motion to adjonm atF.; ::d by Rassier and passed . .1 I I unam GUS y. : Judy eyrens ClerkJkdministrator . January 18,2001 Page 5 òf 5 . . . 26 Jan 2001 Bills Payable Page 1 Fri 2:02 PM City of St. Joseph · February 1, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 29332 TRI-CO TY PARTS SUPPLY 78.45 repair parts Street Maintanence 101 "", L""'1' MARG' 60.00 3 park board meetings Legislative Committies 101 29334 ABBOTT, LONNIE 34.61 family fun day, hotdogs Park Areas 101 .29334 ABBOTT, LONNIE 23.97 family fun day, chips Park Areas 101 29335 CAMERA TRADER 63.12 film, development Crime Control & Investigation 101 29336 CELLU~R 2000 0.89 cell phone, fire Fire Communications 105 29336 CELLU~ 2000 7.95 cell phone Park Areas 101 29336 CELLU~ 2000 7.9.5 cell phone Park Areas 101 29336 CELLU~ 2000 28.83 cell phone Street Maintanence 101 29336 CELLU 2000 115.32 cell phone Communication Service 101 29337 CHADER BUSINESS EQUIPMENT 7.00 staples, copy machine Salaries & Adminstrative· 101 29338 CITY 0 ST. CLOUD 1.729.96 relace VFD, WW plant Sewage Treatment Plant 602 29339 COMMIS lONER OF REVENUE 35.75 state withholding cc pay 101 29339 COMMIS lONER OF REVENUE 182.84 state withhold, sick/comp 101 29339 COMMIS lONER OF REVENUE 988.55 state withhold. 1/24 101 ~ 29340 COMPLE E ELECTRONICS 12,594.90 cable equipment Cable Access 101 29345 DOUBLE REE PARK PLACE HOTEL 94.79 elected offical conferenc Council 101 29346 EFTPS 189.79 federal withhold 101 29346 EFTPS 409.48 eftps withhold, cc pay :01 29346 EFTPS 445.32 fed withhold, sick/comp 101 29346 EFTPS 685.22 fica withhold, sick/comp 101 · 29346 EFTPS 2,648.11 fed withhold, 1/24 101 29346 EFTPS 2,231.10 fica withhold, 1/24 101 29347 GLT ARIHITECTS 1,375.83 architect services Ci ty Hall 422 I 29348 GOPHER STATE CONTRACTORS, INC! 51,300.00 payment #5 City Hall 422 29349 GREAT fORTHERN BUILDING INSPEC 207.00 inspections services,Dec Building Inspec. Admistration 101 29350 HAWKIN WATER TREATMENT GROUP I 12.00 water tests Administration and General 601 I 29350 HAWKIN WATER TREATMENT GROUP! 80.00 sewer tests Sewage Treatment Plant 602 29350 HAWKIN WATER TREATMENT GROUP; 80.00 sewer tests Sewage Treatment Plant 602 29351 HOSCH, LARRY i 12.00 reimb, dinner mtg Mayor 101 29352 LEE'S CE HARDWARE 20.02 repair supplies Fire Station and Building 105 29352 LEE'S CE HARDWARE 12.43 repair supplies Crime Control & Investigation 101 29352 LEE'S CE HARDWARE 32:83 repair supplies Ice & Snow Removal 101 29352 LEE'S HARDWARE 39.14 repair supplies Street Maintanence 101 29352 LEE'S HARDWARE 49.96 repair supplies Administration and General 601 29352 LEE'S HARDWARE 12.38 repair supplies Sewage Treatment Plant 602 29352 LEE'S CE HARDWARE 11.65 repair supplies Ball Park and Skating Rink :01 29352 LEE'S CE HARDWARE 2.01 repair supplies Crime Control & Investigation 101 29353 STORE 20.66 stearns district mtg Council :01 29354 MEETIN GROUNDS 15.90 resource meeting Mayor 101 29355 MELROSt MOTOR, INC. 86.83 plow truck repairs Ice & Snow Removal 101 29355 MELROS MOTOR, INC. 1,634.64 plow truck repairs Ice & Snow Removal 101 29356 MINNESpTA STATE TREASURER 637.20 state surcharge, 3rd qtr Building Inspec. Admistration 101 29356 MINNESOTA STATE TREASURER 346.88 state surcharge, 4th qtr Building Inspec. Admistration 101 29357 NAHAN, TOM 21.28 cables Cable Access 101 · 26 Jan 2001 Bills Payable Page 2 Fri 2: 02 PM City of St. Joseph · February 1, 2001 Check Transaction Depart Number Name Amount Comments Description Fund 29358 NBT 1.758.38 water control repairs Power and Pumping 601 29359 ONE CALL CONCEPTS, INC 7.20 notification fee Administration and General 601 29359 ONE CALL CONCEPTS, INC 7.20 notification fee Administration and general 602 29360 PERA 190.00 retirement, cc pay jan 101 29361 PERA - CC 2,928.67 retirement, 1/24 pay 101 29362 RAJKOWSKI HANSMEIER LTD 2,300.00 legas fees, criminal Crime Control & Investigation 101 29362 RAJKOWSKI HANSMEIER LTD 27.00 legal fees, pond view City Attorney 101 29362 RAJKOWSKI HANSMEIER LTD 967.50 legal fees, general City Attorney 101 29363 RENGEL PRINTING 19.06 business cards Salaries & Adminstrative 101 29363 RENGEL PRINTING 19.06 business cards Economic Development Authority 101 29363 RENGEL PRINTING 19.06 business cards Salaries & Adminstrative 101 29363 RENGEL PRINTING 19.06 business cards Street Maintanence 101 29363 RENGEL PRINTING 19.06 business cards Mayor 101 29363 RENGEL PRINTING 38.14 business cards Council 101 29364 S & T OFFICE PRODUCTS 83.71 office supplies Salaries & Adminstrative 101 29365 SCHWEGEL'S TELEPHONE SERVICES 2,658.76 telephone, new offices City Hall 422 29366 SEH 111.00 engineering. Joseph Str Street Maintanence 420 29366 SEH 1,783.40 engineering, MSA engineer Street Maintanence 106 29366 SEH 309.00 engineering. business pk Street Maintanence 420 29366 SEH 79.00 engineering, Northland dr Street Maintanence 420 29367 ST. CLOUD FIRE EQUIPMENT 19.00 fire extinguisher fill Crime Control & Investigation 101 · 29368 ST. JOSEPH CHAMBER OF COMMERCE 25.00 dues, 2001 Economic Development Authority 101 29368 ST. JOSEPH CHAMBER OF COMMERCE 25.00 dues, 2001 Salaries & Adminstrative 101 29368 ST. JOSEPH CHAMBER OF COMMERCE 25.00 dues, 2001 Crime Control & Investigation 101 29368 ST. JOSEPH CHAMBER OF COMMERCE 25.00 dues, 2001 Mayor 101 29369 ST. JOSEPH NEWSLEADER 63.60 applicants for commission Council 101 29369 ST. JOSEPH NEWSLEADER 55.13 hearing publication Legislative Committies 101 29369 ST. JOSEPH NEWSLEADER 21.60 publish tree pickup Waste Collection 603 29370 STEARNS COUNTY CHIEFS ASSN 90.00 Fire Arms Training Police Training 101 29371 UNUM LIFE INSURANCE 5.79 disability 101 29371 UNUM LIFE INSURANCE 30.19 disability Administration and General 601 29371 UNUM LIFE INSURANCE 21.23 disability Park Areas 101 29371 UNUM LIFE INSURANCE 24.66 disability Sewage Treatment Plant 602 29371 UNUM LIFE INSURANCE 23.32 disability Street Maintanence 101 29371 UNUM LIFE INSURANCE 17.03 disability Park Areas 101 29371 UNUM LIFE INSURANCE 22.04 disability Economic Development Authority 101 29371 UNUM LIFE INSURANCE 18.88 disability Salaries & Adminstrative 101 29371 UNUM LIFE INSURANCE 26.07 disability Accounting 101 29371 UNUM LIFE INSURANCE 147.55 disability Crime Control & Investigation 101 -------- Grand Total 92,704.89 · ( . I Overtime and Callouts I f ] Mike S orski Gary Donabauer 01-15-dl 5.00 hrs snow removal 01-06-01 2.00 hrs weekend work Dick TLfen f 01-07-01 2.00 hrs weekend work 01-15-01 5.00 hrs snow removal I Jim Marthaler 01-11- ! 1 3.00 hrs snow removal I 01-13- 1 2.00 hrs weekend work i 01-15-01 6.00 hrs snow removal 01-14- 1 2.00 hrs weekend work 01-15- 1 8.00 hrs holiday ~ork, snow removal Brad Meyer JeffY ung 01-05+ 2.00 hrs handgun ~ualify, Henning 01-11-01 2.00 hrs multiple accidents 01-15-01 5.00 hrs holiday work 01-16- 1 10.00hrs handgun qualify, use of r force ~aining Jean Gustin 01-18- 1 2.00 hrsCourt ! 01-16-01 2.50 hrs holiday work Paul Schley . ¡ 01-16-01 6.00 hrs use force traininglhandgun I ¡ 01-07-pl 2.00 hrs followup;on cases/Court . o 1-09-p 1 9.00 hrs Drug int9raction training o 1-12-¡û 1 1.00 hrs late DUI .arrest 01-11-01 .50 hrs finish arrest o 1-16JO 1 3.00 hrs handgun :qualify I I i f ] . -----------~ . . . ----------- . Extr~ct of the December 7,2000 City Council Minutes I , 1. Pondview Ridge Fi~al Plat - Bob Herges addressed the Council. He stated that the Planning Commission met and made a motion to approve the final plat that included the three lots at MinnesotaStn3et and 1ih with all the lots facing 1ih. They also included a condition that the three lots have their driveways adjacent to the south property line, thus providing as much room as possible before approaching the intersection of Minnesota and 1 ih street. Loso stated that his preference is still option Bwith two of the lots facing1ih and one facing Minnesota Street. Herges stated that his preference is A because they can avoid the easement issue with ,the City services. Loso suggested that the corner lot have their driveway face Minne~ota street but that it be placed as far west as possible on the lot. Twit added that they just disallowed an entrance onto Minnesota street and now they are talking about granting one. Loso clarified stating that there is already a driveway onto Minnesota Street. They would merely be moving it. I ¡ Herges also informed the Council that they are still getting their Stearns County Wetland permits. They are b~eaking the area down into two phases and the wetlands will be addressed in the se~ond phase. Twit expressed some concern that we are creating two more dead ends in the sewer system with the layout of the system on the plat. Herges said they would use hydrants stubbed out at the end just like in every development. Ehlert made a motion to approve tHe final plat with all three lots facing 1 ih with the corner lot driveway facing Minnesota St~eet as far west as possible, seconded by Loso. The motion passed . unanimously. . . . -' . . ~ CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 I Fax: 363-0342 Memornndutn . , ! MAYOR To: St. Josep~ City Counci~ {l Kenneth 1. Hiemenz From: Chad A. Carlson éì......- Date: 01/27/01 ! CLERK/ AIJMJNI~TR'\TOR Re: Pond Vi9w Ridge Six Developer's Agreement Cari Schmidt COUNCILORS With all the discu~sion that took place during the approval process of the Pond View Ridge Six Plat, I Bob Loso want to call your attention to items that we included over and above the standard developer's Cory Ehlert agreement. The following items are included: .'\vit I Niedenfuer 1) Grading and Drainage Plan. As adopted by the City Council, all new subdivisions must have a grading and drainage plan for each lot. The requirements of this policy are under Section 4.11 of the agreemen~. , 2) Park Contrib~tion. After discussion with Mr. Scherer, the park contribution is $10,500. (25 acres x $~,250 per acre = $131250 market value) ($131,250 x 8% cash contribution = $10,500) This item cart be found under Section4.13 3) Additional T~s. As recommended by the Planning Commission and approved by the City Council, the following terms have been included under Section 4.18 of the agreement: a) Curb cuts for access to Lots 1,2, and 3 of Block 5, Pond View Ridge Six, shall be fÌ'om 12th Avenue.! Access fÌ'om Minnesota Street shall be prohibited.. Driveways (curb cuts) shall be on the south edge (no more than five (5) feet fÌ'om the south lot line) of each lot. b) The Deyeloper shall adopt and record protective covenants, a copy of which is attached as Exhibit "d". c) The Deteloper shall grant the City a temporary easement, a copy of which is attached as Exhibit I"E" i I just wanted to call your attention to the special items mentioned above. If you have any further question, please :contact me at City Hall. Thank you. I I , í . i I I . . . . VRajkowski 11 Seventh Avenue t'r~~~~A~~l lid. P.O. Box 1433 St. Cloud, MN January 24, 2001 320-251-1055 Toll Free 800-445-9617 Mr. Chad A. Carlson Fax 320-251-5896 St. Joseph Economic Development Authority P.O. Box 668 St. Joseph, MN 56374 rajhan@rajhan.com www.rajhan.com Re: Pond View Ridge Six Our File No. 14561 Dear Chad: Enclosed herewith, please find a revised Developer's Agreement and Proposed Easement. It is my understanding that Joe Bettendorf is preparing the other exhibits. The amount of . the park contribution must be filled in once finally agreed to. Let me know if you have any other questions. Very. truly yours, RAJK.OWSKI HANSMEIERLTD. Frank J. Rajkowski .. Gordon H. Hansmeier Frederick L. Grunke Thomas G. Jovanovich· John H. Scherer John H. 5cherer· JHS/tnf Paul A. Rajkowski· Kevin F. Gray cc: Joe Bettendorf William J. Cashman Richard W. Sobalvarro Patrick J. Larkin 5usan M. Dege LeAnne D. Bartishofski . A. Chaudoir Frank J W Sobalvarro are admitted to practice in North Dakota, Gordon H. Hammeier in North Dakota and Wisconsin, Paul A. Rajkowski in Wisconsin and William J Cashman in South Dakota. 'Member of American Board of Trial Advocates. ·Qualified ADR Neutral. . CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS.~GREEMENT, made and entered into this day of . ,2001, by and between Pondview Ridge,¡ LLP., hereinafter called the "Developer", and the City of St. Joseph, Minndsota, a municipal con,oration, hereinafter called the "City". WIT N E SSE T H: i WHE AS, the Developer is the Owner of certain Real Property known as Pondview Ridge Six, I which is legally describedon Exhibit "A", (hereinafter called the "Property") attached hereto and made ia part hereof; and! WHEþAS, the City's co~e of Ordinance requires the Developer to providefor the construction of certai public improvements, and for the financing of said improvements; ,THEREFORE, in ¿onsideration of the mutual covenants expressed herein, IT IS HEREBY I ED AS FOLLOW~: I 1.0 CITY CONSTRUCTED IMPROVEMENTS , . None. 2.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 2.1 Plan B Improvements. The Developer agrees to construct those improvements itemized in attached Exhibit "B", hereinafter know as Plan B Improvements: ThePlari B Improvements itemized in Exhibit "B" shall include all necessary appurtenkt items of work as determined by the City. Special construction requirem;ents are attached at Exhibit "C". 2.2 Completion Deadlines. The Developer agrees to proceed with said Plan B Improvements entirely at his expense, and tocompletè said improvements within the time : specified in the specifications, or within 12 months of the date of this agreeme~t if no time is stated in the specifications. 2.3 Engineering Services. The Developer will direct a licensed engineer to prepare complete construction Plans and Specifications for Plan B Improvements. L 'Fhe Developer's engineer shall: . (a) ~repare a Preliminary Estimate and Layout of Utilities and arrange for soil qorings and/or such other subsurface investigations as the City may require. i (b) Prepare complete construction Plans and Specifications. As Plans and . Specifications are being prepared, copies shall be available for review.and comment by the City. (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 record drawings on reproducible mylar sepia and an electronic copy. The reproducible mylar sepia record drawings and electronic copy shall become the property of the City. (g) Prepare and submit such other final documentation as the City may require. 2. The City Engineer shall: . (a) Provide such City project standards, including special details. and specifications, as the City may require, review and approve all plans and specifications. (b) Provide a City Representative for resident construction observation throughout the construction period. (c) Conduct a final inspection and review final construction documentation. (d) Recommend acceptance of the Improvements to the City. 2.5 Cost Escrow. The Developer shall bear the· cost of the above noted City Engineering Services and shall, upon execution of this Agreement, place in escrow with the Citycash,bondorirrevocable letter of credit in the amount of $ 10,000.00 which shall be appliedto thepaymenrofthe cost of said services. Should the above amount exceedthe costtothe City,the.City shall return to the Developer all unused funds, including accumulated interest. Should expense to the City exceed the above amount, the Developer shall reimburse the City for all additional costs before the improvements are accepted by the City. 2.6 Contractor Retention0{Jpon approvaLoftheFinal Plat, the Developer shall contract . with a contractor for the construction of the Plan B. Improvements (hereinafter the 2 . "Contractor"). The Contractor selected by the Developer to construct and install any PlanB Improvement shall be qualìfied and competentto perform thework and have adequ'atefinances to perform. The City reserves the right to require evidence of compete1ncy. and adequate financìalstatusof any such Contractor, and prohibit a Contract9rwho faÌ1s to provide such evidence from undertaking work on the improvemðnts. The construction, installment, materials and equipment shall be in accordanc~ wìth approved Plans and Specìficatìons. , I 2.7 Performante Security. lnthe event the Cìty should approve the FinaLPlatpursuant to this··Development Agreement..prior to the actu~l construction of. Plan B Improvembntspledged to be constructed by the Developer, then in that event, the Developer;shall post wìth the City a bond, irrevocable letter of credit or dedicated escrow aC90unt(the "Security") in the estìmatedamount of 1.25 tìmestheCity Engineer's ,Estimate ofthe lìkelycosts of such improvements,conditìoned upon the faìthfulconstructìon ofthe improvements according to the Plans and Specifications, and final ~pproval of the City Engineer, and the . terms of this Development Agreement. . As the improvements arepartiallycÇ>mpleted, the Developer may requestthe City to release a portion of the Security. representing the cost of the I " : ' ,.'"," , ' " """, ., complete~ improvements as determined by the City Engineer, but at alltìmes there shall be Security in an amount of at least 125% of the estimated cost of the I unfinished improvements. 1 . I 2.8 City as Third Party Beneficiary. The City<shall not have any. direct contractual relationshtpwith the Contractor, but shall be considered a third party beneficìary to the contract entered between the Developer and the Contractor. The City shall not be liable to the Contractor for the Developer's breach of a duty to the Contractor. I ¡ 2.9 Easements. The Developer shall make available to the City, at no cost to the City, all perm~ent and temporary easements necessary for installation and maintenance of Plan B ¡Improvements, 2.10 Insurance'. The Developer shall provide evidence of Comprehensive General Liability!andBroad Form Property Damage Insurance including contractual coverage lin the amount of at least $1,000,000 per occurrence and $1,000,000 aggregatd. The Developer's insurance certificate shall be in a form approved by the City, and shall be delivered to the· City .at least three days prior · to the commen~ement of any work onthe Plan B Improvements. The City and the City Engineerlshall be named as a loss payee on such policy. by. endorsement. Such insuranc~shall remain in full force. ap.d effect through the. end of the warranty period described in Section 2.11. 1 i The Developer shall cause. each personwìth whom Developercontracts 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 ! ¡ 3 I ì Section 2.4. The Subdivider shall, or, if all construction contracts are under the . control of one Prime Contractor the Prime Contractor shall provide evidence of Owner/Engineer Protective Liability coverage in accordance with these standards in lieu of the Developer insurance certificate. Evidence of insurance shall be provided before any construction whatsoever begins on the Plan B Improvements. The Developer shall provide builder's risk insurance (if necessary), insuring any structures (such as lift stations or pump houses) which are part of the Plan B Improvements from damage or destruction during construction due to stonn, explosion, vandalism, theft, or all other causes. The policy of insurance shall name the City as an additional insured, and waive subrogation against the City and City Engineer with respect to any insured claim. 2.11 Warranty Bond. The Developer shall fully and faithfully comply with all the tenns of any and all Contracts entered into by the Developer for the installation and construction of all Plan B Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance of the. Plan B Improvements. In addition to the Security required by Section 2.7 herein, the Developer shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of one year following the City's final acceptance ofthe 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. Ifthe construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the warranty bond required by this section. 2.12 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen perfonning labor or services, and all supplies or materialmen providing materials for the Plan B Improvements. This bond shall not be released until the Developer has provided the City Engineerwith proofof payment of all laborers and materialmen in the fonn of release, signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor, and all construction contracts are under control of the Prime Contractor, the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and/or material provided by the Prime Contractor. 3.0 FUTURE IMPROVEMENTS 3.1 Future Improvements. The Developer 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 Development. These improvements, known as "future improvements" include the following: . None. 4 . 3.2 Developer'~ConsenttoPetition. 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 Developer shall be considered an automatic signer of said petition for an affected properties within thepevelopment remaining under his ownership or otherwise under his control, the Developer being deemed to have waived his right of notice of hearing upon the necessity or feasibility oftheimprovement, understanding only that they have not~aived anyright~ or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned I by Developer. i ! 3.3 Developer's Consent to Council Action. IftheCity, not having received a petition to construct any or all of the above future improvements, detennines that constructÍ<?n of certain future improvements is necessary and in the public interest, the Develþper shall be considered an automatic signer of a petition for.. said improvemient or improvements for purposes of initiating action under Minnesota Statutes, Chapter 429;said automatic signature shall apply to all affected properties within the!Development remaining under the Subdivider's ownership or otherwise under hisþontrol, the Developer being deemed to have waived his right of notice ()fhearingjupon 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 assbssment or apportionment of said assessment cost against property still I owned by! Developer. 4.0 GENERAL TERMS AND CONDITIONS 4.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed b'y the Court, in the event that suit or action is brought to enforce the tenns of this Agreement. i 4.2 Proof ofjTitle.. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer's interest in the Deve~opment is fee owner. Prior to execution ofthis Agreement, the Developer shan proyide the City with. a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property. 4.3 Binding Effect on Parties and Successors. The tennsand 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 I upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, ifthere be more than one) shall mean each and all of them. This Agreement, at the option of the City,shapbe placed on record so as to give notice hereofto subsequent purchasers . and encu~brances of all or any part ofthe Development and all recording fees shall be paid ~ytheDeveloper. 5 , I , 1 I I 4.4 Notice. 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 S1. Joseph, P.O. Box 668, S1. Joseph, MN 56374 If to the Developer at: c/o Rick Reid 22825 Fleetwood Drive S1. Cloud, MN 56301 4.5 Acceptance of Improvements. 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 Development Agreement and all documents incorporated herein· by reference. 4.6 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, Specifications and Contracts for the . improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 4.7 Indemnification. The Developer shall hold the City and City Engineer 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 the development of the Property. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third .parties. 4.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and Contractors an easement and license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development of the Property. 4.9 Street Cleaning. The Developer shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the. City for public safety and convenience. In the event· the Developer fails to dean the streets within 48 hours of the direction ofthe City, the City may undertake the work and seek reimbursement from the Developer, or alternatively, assess the cost against . property owned by the Developer within the City. 6 . 4.10 Erosion Control. The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of! surface. water 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 Developer 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 ofthe 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 Site Grading. (a) N9 building pennits will be issued until site grading for the development phase has been completed and approved. (b) When the site.grading has been completed: . 1. Developer shall have a Registered Land Surveyor verify site grading has been completed according tç the approved site grading plan submitted with tne preliminary plat documents. 2. Elevations shall be taken on all lot comers, all buildings pads, and on drainage breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The Developer shall submit a copy of the approved grading plan showing the "as-built" elevations to the City. 4. The City will verify infonnation. If everything matches the original grading plan, the as-built grading plan becomes the approved Development Plan. (c) Before Builder is given a building pennit, the Developer shall have a Registered Land Surveyor submit a Certificate of Survey showing proposed elevations for lot comers, the building pad, and side and rear lot lines; these elevations must agree with the approved Development Plan. Provide drainage arrows, showing how the lost is to drain. Indicate proposed elevations for grade at the front, rear and at the lookout/walkout levels of the house being built. The certificate must show all easements and setbacks . for the house being built. When this Certificate has been checked and 7 approved by the City, a building pennit can be issued, subject to other tenns . and conditions of the Developer's Agreement. (d) When the house has been completed and the lot restored to final grade, but before it is sodded or seeded, the Builder's Surveyor shall provide an "as- built" Certificate of Survey documenting the final in-place elevations. and setbacks. If these elevations agree with the proposed grades, and if the setbacks and easements are given the proper clearances, the lot can be sodded or seeded and a Certificate of Occupancy issued. For winter conditions, where the house is ready but the final landscaping cannot be completed until spring, an escrow shall be deposited with the City until the final grading can be checked out. 4.12 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully perfonned all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the tenns of this Agreement and finding that the Developer has completed perfonnance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance . herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. 4.13 Park Contribution. The subdivider shall contribute $10,500.00 to the City Park Fund in lieu of a dedication of land for parks, with payment to be made upon execution of this Agreement. 4.14 Certificate of Occupancy. The City shall not issue certificates of occupancy for any building within the Development until the building has been connected to sanitary sewer and water and the streets in the Development have been constructed to the point ofhaving 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 4.15 Reimbursement of City's Costs. Except for costs included in special assessments for Plan A Improvements, the Developer shall reimburse the City for all costs, including all reasonable engineering, legal, plannîng and administrative expenses, incurred by the City in connection with all matters relating to the admìnistration and enforcement of this Agreement and its perfonnanceby the Developer. Developer . shall also reimburse the City for any aid-to-construction costs related to the 8 . installatioh of street lighting within the Development. Such reimbursement shall be made ~ithin 14 days of the date of mailing the City's notice of costs. If such reimburseþent is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building pennits until I all costs ate paid in fulL The City may further declare a default and collect its costs from the ~ecurity deposited in accordance with Section 2.5 of this Agreement. 4.16 Renewal bf Security. Ifany escrow account or bond deposited with theCityin accordan~e with > this Agreement shall have an expiration date prior to the Developer's obligations hereunder being complete, the Developer shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty(30) days prior to the expiration of such security. Failure to post I such alterp.atesecurity or renew such security shall constitute a default and the City may plac:e. a moratorium on all construction or other work related to the Developn\ent, refuse the issuance ofbuilding pennits, and declare the entire amount thereof dlle and payable to the City in cash. Such cash shall thereafter be held by the City as a security deposit in the same manner as the security theretofore held by the City. I ¡ 4.17 Plat Dedication. Upon approval and execution of this Agreement, the· City shall approve the final plat provided it otherwise meets the requirements ofthe City's . Ordimmce governing Subdivisions. If the Plat contains the dedication of an ... easement~ the use of property within the· area of an easement· is specifically restrictediby prohibiting the construction of any structure or fence, planting trees or shrubs, o~ storing of personal property within the area ofthe easement which could delay, re~trict or impede access through the easement area by a person or vehicle. 4.18 Addition~l Tenns. The following additional tenns are being made a part of this Developtþent Agreement to continue in force and .effect as though they were dedicatiops of the plat, unless according to .their tenns(lfe intended to tenninate earlier: ! (a) Cµrb cuts for access to Lots 1,2 and 3 of Block 5, PondviewRidge Six, shall be from 12th Avenue. Access from Minnesota' Street shall be prohibited.. Driveways (and curb cuts)· shall be on.the south edge (no more t~an five (5) feet from the south lot line) of each said lot. (b) T,he Developer shall adopt and record protective covenants, acopy of which is attached as Exhibit "D". I (c) ~he Developer shall grant the City a temporary easement, a copy of which is attached as Exhibit "E" I . 4.19 AdoptioA of Ordinance by Reference. The provisions of Chapter 50fthe St. Joseph Code Ofl Ordinances are hereby adopted by reference in their entirety, unless 1 ..... ',' ",' " " ", " ..,' , ,,' ", ',' ',', "", "', 9 specifically excerpted, modified, or varied by the tenns of this Agreement, orbytne . final plat approved as approved by the City. Signed and executed by the parties hereto on this _ day of ,2001. ATTEST CITY OF ST. JOSEPH By By Judy Weyrens, Clerk Administrator Larry Hosch, Mayor (SEAL) DEVELOPER: PONDVIEW RIDGE,LLP. By Name Title . STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of ,2001, before me, a notary public within and for said County, personally appeared Larry Hosch and Judy Weyrens , and to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the Clerk Administrator of the City of St. Joseph, 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 :tree act and deed of said corporation. Notary Public . 10 . I OF MINNESOTA! ) , )ss , CO TY OF STEARNS i ) On Ls day o~ , 2001, before me, a notary public within and for said counf' personally appeared , to me personally known, who, being y me duly sworn, di~ say that he/she is the of Pond view Ridge, LLP., the corpo ation named in the foregoing instrument, and that said instrument wassignedand;sealed on behal of said corporation ~y authority of its Board of Directors and said President acknowledged said i strument to be the tree act and deed of said corporation. I Notary Public N:\city\s~oe\2001 . . 11 . . . . E'\\I" n n "1 '-"""--' ....;....,¡ ./1.-..,1...... " I ·~~¿í\~b(""tJ U w d J À _n..._._.__ . .._~ Outlot. A, 8 end C. POOD. VIEW RIOGr FCtJR, OCCOf'dlng to the plat thereof, 00 file ond ofrocord In the Office of the County R~, Stoom. County, \.Ilnnøotc. I ! And Thot port df the North ThrM Cuorlen of th. Northweat Quorter of the Northweat Qucrter of $6<:too 14. Town.nlp 12~ North, RO'1ge 29 ~t. Stoam County. I.Ilnnesota de.sc:'bed en fojloWE ~nio9 at the northwest corn.. of the sok Northwest Quart.. of the North...t Quarter; thence Sooth 88 ~_ 55 mlnut.,.. 06! ~d2 E~t, ouumed beorY1g, oiong the north line of the IQId Northweat OuortOl' of the North..st Quorter, c ci.tence of 1339.06 feet to the northeaat corner of the acid North_t Quarter of NO('th_st Quarter, thooce South 0.1 d~ ~ minutes 52 ~ds w-t. oioog the oo.t 1i'1e of the IOk Northwest quart.. of the Northwnt Quarter, Q dlaione:e of ~~.84 to the northttOai corner of a porcal 0 land desct'bed i'1 Doa.meot Number 0.591175 00 fie end of record i'1 the Offlca of the CcuntyRe=rd-er. Stearns CoUnty, \.Ii'1nnoto; thence North 88 de9nte:a 55 minutes 06 ~. Wesl, clone¡ the north li'1e of sold porc8i, a dbtO'1~ of 208.72 feet to the northweat corner of acid ~~ thence Sou.th 0.1 deçrð- 06 mi'1uteti52 secooCÌ8 Weal, clooe¡ the "o.&t !i'1e of acid porc1!i end the weat line of 0 parcei of lend desc:-bed i'1 Document Humber ~72235. 00 fie end of rocord i'1 the 0fflc8 of the County Re=('w, Stearns Cdunty, \.Ii'1nll8Ota. ond ·fta aouthe.-iy erl en ak.o. a .œ.tonce of 6JJ.02· feet to the .oo.ith line of tr sold North i Three Quart.. of the North"est Quorter of the Northweat Quarter, thence North 88 de-çrooa ~ minutes 38 MO:>nds w..t, clong IQId aouth line. 0 d!atanc:! of 1129.1o. fHt to the weat line of the sold . North-.tCuarter of the Horth~t Quarter, thence North 0.1 dðI;ree 0.2 minutes ~s«ond:s EOJIt. clone; acid west I.Jne., a dbtonca of 997.70. tMt to the point of b..;innin9- I I I Md That port of the Northweat Quorter of the SolIlhw..t Cuart.-of $.c4..SQn 1'. Townllhlp 'H. ÞOIort1I. R7 2.9 West. Steon,. ;c.o...nty, \.I"'nnota. descrbed QS foöoon: Comm~ at the West qJart.. o:xnero ~Id S6c:too 11; thWle:e SolIth 01 deçr- 49 mJnutea 3ð MGOOÓI w.t. cicn9 the ....t In. of IIQI.d ca Section 11, a d1atOnca of 252.~ 1..t to \he lOUther1y ng,t of wcy In. of ..~ta StrMi (~ County State A;oH\9'1woy Numb« 1~) and tn. ocbJd ¡x>4nt of ~ of the p«'cai to ~ 11 thence coo t1nue Sooth 01 d..;na 49 minut es 36 ~ w..t. aIonq .öd..-t In.. of Sec:Uon . ( dlatonca of 2.31.77 1..t to the north"..t comer of. Lot 1. ~ 2. PCH:) 'YIEW ..R2DCC:F1VE. ~t~ the recorde<i plot I th«'eof. 00 (Ie In the Offica oi th4 ~ty R.ec.::rów. Stec:rna County. "W\n~ ~ ce North 87 deçrees~ 09 mnutes 00 MCOrIds Eest. Oonq the north I1ne of .ød 8Iodt.2. ~Ð . ue FlVE: end IlJ easÙwiy erl en skx1. c OIatonca of 203..g.o t.et to a _ter1y nçnt of ~ com« of 12th A.yeo s..E. occordIn to.old plot of POt-J) \f£1( R1OGC: Fl'Æ: thence North 02 ~ 51 minutes 00 sec6nds West~ 01009 the-=rlerlyrl<¡t1t of 'ftO)' line of IQId 1Zth ...~ s..E.... a d:atcnce ~f 231.00 toet t~ the ÞOUthe.-iy ~t ,,,f YOy \i'1e of .old 'i'1neeootc. StTMt ~ South ð7 ~":- ~ m~l" 00 seçQ'1 W-l, 0100<; IOid i SO'J th er1 Y rl9h t of 'll'(y lira. c diatooca of 1 ~ 00 t.et to the po4n t 0 f beçinn Ì'\9- The OÒ<Jye pcrœ;s contort 29..32 o<:rM, morecr lsa. end are IUèjecl to eca«nenu of ~ . ..- .. --.. Ar5eJ 1200 25th Avenue South, P.O. Box 1717, SI. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture . engineering . environmental . transþortation . January 25, 2001 RE: St. Joseph, Minnesota 2001 Pond View Ridge Six SEH No. A-STJOE 0003.00 14 Ms. Judy Weyrens EXHIBIT "B" Clerk! Administrator City of Saint Joseph APPURTENANCES DETERMINED BY THE CITY 21 NW First Avenue P.O. Box 668 S1. Joseph, MN 56374-0668 Dear Judy: I reviewed the proposed Developer Agreement prepared by John Scherer for Pond View Ridge Six, and have the following comments: . 2.1 Plan B Improvements. The Plan B improvements to be listed on Exhibit"B" are as follows: Sanitary Sewer, Water Main, Stonn Sewer, Concrete Curb and Gutter, Bituminous Street, Concrete Sidewalk, Turf Establishment, and all necessary appurtenant work. Special construction . requirements include the installation of silt fence, bale checks, and any other devices necessary to prevent erodible material from leaving the development, or from damaging the lots or wetlands. The developer shall leave as much of the lot surfaces as possible intact so as to minimize the. erosion potential. 2.5 Cash Escrow. The cash escrow for the engineering services listed under paragraph 2.3.2 should be set at $25,000 for now. I will review this amount when I receive final construction plans, a construction cost estimate, and an· estimate of construction working days from the Developer's Engineer. This concludes my remarks. Sincerely, --", ' /''"''.._ I ~ ..., I . , .) 1 i l' :' : ,'-". -'\ ' ! /_t I ¡,' ,; ',_ '/Y:.(ß-r0 vi< VjlX(1';I~~ &Jzr 'y,v: . . ,( [oseph R. *ttendorf,.P.E. ehy Engineer djg c: .,. John Scherer, CityAttomey w:\stjoe\0003\corr\ja25aO I ~weyrens-I.doc . Short Elliott Hendrickson Inc. . Offices located throughout the Upper Midwest . Equal Opportunity Employer m help yoûplan, design, and achieve. . EXHIBIT "C" , i SPE€IAL CONSTRUCTION REQUIREMENTS I 1 . . 14 EXHIBIT "D" PROTECTIVE COVENANTS POND VIEW RIDGE SIX DECLARATION OF · PROTECTIVE COVENANTS AND RESTRICTIONS January 2 5, 2001 KNOW ALL PERSONS BY THESE PRESENTS, that POND VIEW RIDGE L.L.P., is the owner of all following described real property: Pond View Ridge Six The Owners desire to establish the nature of the use and enjoyment of the Property and do hereby declare the Property subject to the following express covenants, stipulations, and restrictions, as to the use and enjoyment thereof, all of which are to be construed as protective covenants and restrictions running with the title to the Property and with each and every part and parcel thereof, to-wit: 1. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until December 31, 2010, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote of · a majority of the then owner's of the Property it is agreed to change said covenants in whole or in part. 2. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any. of the covenants herein, it shall be lawful for the other owners, individually, or any other person or persons owning any real estate property situated within the boundaries of the Property, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, and either to prevent him, her or them from so doing or to recover damages or other duesfo~ such violation. 3. Invalidation of any of those covenants by judgment or court order shall. in no way affect any of the other provisions, which shall remain in full force and effect. 4 . The Property and each part, parcel, lot, or plat thereof shall be used exclusively for single family · residential purposes. , 5. All single family residences shall be subject to square footage minimum requirements as'follows: , I · Ramblers pr one-story single family residences: 1,300 square foot minimum with attached garage. I Bi~level single family residences: 1200 square foot minimum with attached garage. I i Two-storyl single family residences: 1000 square foot main flooT minimum with attached garage. 6. Each lot ~ay have an attached and/or detached garage for storing not more than four passenger cars. 7 . No billbohrds, signs, or other advertising shall be allowed on the property other than: a. Signs! erected for identification of streets, traff~c control, and directional purposes; b. Signsj of a temporary nature advertising property for s~le and construction signs. c. Mailbbxes shall contain names and addresses only. · 8. No noxiou~ or offensive trade or activity shall be carried on, in or upon any building site, tract or parcel ofl land within the Property, nor shall anything be done thereon which may be an annoyance or nuisance to the neighborhood. No livestock nor wild or domestic animals of any kind shall be allowed to roam the I property. I Each lot owner shall be allowed to keep not more thani two (2 ) dogs, two (2) cats provided that they are not kept, bred, or maintained for any commercial , , purpose. , 9. No trailer, basement, camping truck, tent, shack, garage, b~rn, basement house, or other out-building erected on the Property shall at any time be used as a residencei temporarily or permanently, nor shall any structurel of a temporary character be used as residence!. No structure intended to be used as a residencelmay be moved into any lot ¡ 10. Any struc~ure which shall be erected or placed on any building ,lot shall have the exterior finish completed · in not more than one (1) year from the start .of I construction. Within the one ( 1) year period, all excess bu~lding materials, fallen timber and debris shall be Femoved from the Property and the Property shall be graded and landscaped to general conformity i I ! , I I with the adjacent Property. All single family residences shall be completed within two (2) years of the date of the original purchase of the lot. · 11. No sod, soil, sand, or gravel shall be sold or removed from any part of the Property, except for the purpose of exçavating for the construction or alteration of a building on said Property, or for the proper grading thereof, and any excess soil remaining from excavation or grading thereof, and any excess soil remaining from excavation or grading, and not otherwise used by the owner in the improvement of his own site shall be removed by the owner. The elevation of a lot may not be changed so as to materially effect the surface elevation of surrounding lots. The owner of any land subject to materially effect the surface elevation of the surrounding lots. The owner of any land subject to these Protective Covenants shall be responsible for the drainage of surface waters from such part of the Property other than by natural watercourses. 12. No commercial trade or business of any kind shall be carried on, in or from any part of the Property which is subject to those covenants. 13. No trash, garbage, or other debris shall be kept on the · Property, and each Property owner covered by these covenants shall promptly carry away or cause to be carried away all such trash, garbage or debris, so that the Property belonging to each owner shall be clean and orderly. 14. The owner of each lot must provide off-street parking for all vehicles used by the residents of the lot; no parking shall be permitted on any common easement roads or public roads; no junk or wrecked automobiles, inoperable farm machinery, or buses, large trucks, or mobile homes shall be brought upon or kept, or remain exposed upon Property, and no automotive repairs shall be undertaken or permitted on any part of the Property. Each Owner shall be permitted to have and keep upon the Property not more than (1 ) recreational vehicle, such as one boat and trailer, or camper, provided that no recreational vehicle may be used for residence purposes while on said Property. 15. No lots may be further subdivided until such time as all original lots have been sold. All subdivisions · shall be in accordance with the zoning ordinances of Stearns County, Minnesota. 16. No discharging of firearms or hunting shall be allowed on any lQt or portion of the Property. · 17. Compliance with these covenants shall not excuse noncompliance with government zoning and/or land use ordinances upon the same subject. Compliance with I governmeI).t zoning and/or land use ordinances of the public aúthorities shall not excuse noncompliance with these co.J.enants. These covenants shall commence on January 25, 2001. ! IN WITNESS WHEREOF, the undersigned owners have hereuntolset his/her hand on , 20 . - Dra ted by: Robert Herges POND VIEW RIDGE L.L.P. 25 N¿rth 11ili Avenue I St. Cloud, MN 56303 By Richard Heid, General Partner By Robert P. Herges, · General Partner STA E OF MINNESOTA ) ) ss COU TY OF STEARNS: ) On this i day of 2001, before me, a Notary , Pub ic within and¡for said County, personally appeared Richard Hei , and Robert P. Herges, to me personally known who being by me ~U1Y sworn they did say that they are the Partnership of POND VIE RIDGE L.L.P.~ the partnership named in the foregoing ins rument, and that said instrument was signed on behalf of sai· partnership by authority of its Board of Directors and said par~nership ackno+ledged said instrument to be the free act and dee of said part~ership. Notary Public · · · · · LE·~G=J J lSdJ - ¡:ç: EASEMENT Date: ¡ FOR V ABLE CONSIDERATION, Pondview Ridge, LLP., a Minnesota limited liability partnership, Grantor, h~ebY grants and conveys to the City of St. Joseph, a Minnesota political subdivision, Grantee, an easeme t over, under, and across the following described tract ofland lying in St. Joseph, Steams County, innesota, subject to ~he terms and conditions expressed herein: · The Southerly 12 feet afLot Three (3), Block Three (3) of Pond view Ridge Six, according to the plat and survey of record on file with the County Recorder's office in and for Steams County, Minnesota. I USE: For a temporary easem~nt for purposes of public ingress and egress from 12th Avenue to Klinefelter Park. ¡ BENEFI~TED PROPERTY::Forthe benefit of the City of St. Joseph or it assigns. ADDITIdNAL TERMS: This Easement will be released by the City ofSt. Joseph or its assigns at such time as a alternate access to Klinefelter Park from 12th Avenue is created to the south of this Easement and withi 550 feet thereof. I This grant shall run with the land and shall inure to the benefit of the successors in title to. the benefitte party. , , POND VIEW RIDGE SIX, LLP. By Its · STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) · The foregoing instrument was acknowledged before me this _ day of ,2001,by , the of Pond view Ridge Six, LLP. a Minnesota limited liability partnership, Grantor. \, Notary Public Tax Statements for the real property described in this instrument should continue to be sent to previous owner. THIS INSTRUMENT WAS DRAFTED BY: John H. Scherer - 13076X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 S1. Cloud, Minnesota 56302 Telephone: (320) 251-1055 N :\citylStjoe\200 I · · . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668. February 1, 2QOl St. Joseph. MN 56374 (320)363-7201 Fax: 363-0342 Minnesota Department Ilk of Natural Resources 1 MAYOR i Kenneth J. Hiemenz To Whom It May Concern: CU:RK/ It is with great excitement that the City of St. Joseph submits a letter of support for the AUMINISTRAT()R Cari Schmidt construction of the Lake Wobegon Regional Trail from Avon toSt. Joseph. The City Council on F~bruary 1, 2001 reaffirmed by resolution the support of the City of St. Joseph. COUNCILORS For the past couple of years St. Joseph has been looking forward to the extension of the I Bob Loso Lake W obegQn Regional Trail with great anticipation. St. Joseph prides itself in providing Cory Ehlert recreational opportunities for residents of all ages, and the proposed trail would ait compliment o~r existing offerings. Niedenfuer I The proposed! trail will not only serve the needs of area residents, but offer tourists a unique opportunity to experience the beauty of our comer of central Minnesota. , Although the City Council understands that your organization receives many request for funding, we hope that you will consider providing financial assistance for the construction of the Lake \yobegon Trail from Avon to St. Joseph. However, the City urges the MN Department ûrNatural Resources to provide financial relief for the construction of the Lake Wobegon Trail from Avon to St. Joseph. ! On behalf of the residents of the City of St. Joseph, I would like to thank you in advance för your consideration. If you need additional information, please feel free to contact me at 363-7201. i BY ORDER OF THE ST. JOSEPH CITY COUNCIL , Larry J. Hosqh Mayor I i . . . . . , . · VRaikoWski 11 Seventh Avenue North . t:T~~~~A~~~I Ltd. P.O. Box 1433 51. Cloud, MN January 15, 2001 320-251-1055 Toll Free 800-445-9617 Ms. Judy Weyrens Clerk! Administrator Fax 320-251-5896 21 First Avenue NW PO Box 668 rajhan@rajhan.com St. Joseph, MN 56374 www.rajhan.com RE: Ordinances Our File No.: 16397 Dear Judy: Enclosed please find the ordinances to amend the general parking ordinance and to adopt . the alarm permitting ordinance. In regards to the alarm permitting ordinance, I have renumbered it to fit into Chapter VI, General Regulations. Please note that I changed the language in section 13 (C) (renumbered to 69.16, Subd.3). I felt that the draft language could leave the city open to liability if the police/fire department refused to respond to a true alarm situation where the alarm user is unaware of the revocation and does not take other measures to notify the police/fire department. The only other substantive change Frank J. Rajkowski ." was to clarify that there would be no fee for the permit in the case of apartment complexes. If you have any questions regarding these changes, please feel free to contact Gordon H. Hansmeier me. Frederick L Grunke Thomas G. Jovanovich" Very truly yours, John H. Scherer" RAlKOWSKI HANSMEIERLTD. Paul A. Rajkowski" Kevin F. Gray William J. Cashman By Richard W. 50balvarro John H Scherer Patrick J. Larkin JHS/jck Susan M. Dege .ne D. Bartishofski , a A. Chaudoir Frank ). W Sobalvarro are admitted to practice;n North Dakota, Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. Rajkowski in Wisconsin and William J. Cashman in South Dakota. .Member of American Board of Trial Advocates. "Qualified ADR Neutral. '. .. If . . . I . I i . AMENDMENT TO·CODE OF ORDINANCES ADOPTING ORDINANCE 69 The City Council for the City of St. Joseph HEREBY ORDAINS that the Code of ordiJances be amended by the addition of Ordinance 69. Ordinance 69 shalL state as follows: ¡ i "Section 69.1: PURPOSE. The purpose of this ordinance is to encourage Alann Users and Allann Businesses to maintain operational reliability and properly use Alann Systems and to reducr or eliminate False ..}larm Dispatch Requests. I. Section 692: SCOÞE. This ordinance governs systems intended to summon police, fire a~d ef-lergency ~edical re~ponse, requ~r~s pe~its, establishes ~e~s, provides for ~enalties, for vIOla~~ons, establIshes a sYFtem of admInIstratIOn, and sets condItIOhsfor suspensIOn or loss of penn ts. : ~ Section 69.3: DEFINITIONS. i Subd. 1. "Alann A.dministrator" means a Person or Persons designated by the governing authority to administer, coptrol and review alarm applications, permits and Alann Dispatch Requests. j .1 Subd. 2. "Alann Bhsiness" means the business, by an individual, partnership, corporation . or ot~er entity of selling, lk, asing, maintaining, servicing, repairing, altering, replacing, moving, instaltling or Monitoring a~ Alann System in an Alarm Site. Subd. 3. "AI ann Dispatch Request" means a notification to the police or fire dispatch by the A! arm Bnsiness that an alarm, either mannal or automatic has been activated ata particular I .. , Ala] Site. i Subd.4. "Alarm Jeview Board" shall be the City Council for police alanus and the tire Boar· for fire alanns. ! l Subd. 5. "Alann She" means a single premises or location served by an Alarm System. Each tenancy, if S. erved b~ a separate Alarm System in a multi-tenant building or complex shall be co' sidered a separate Alann Site. I I Subd. 6. "AI ann System" means a device or series of devices, including, but not limited to, s~stems interconnecteq with radio frequency signals, which are designed to discourage crime, by eIfitting or transmitting a remote or local audible, visual or electronic signal indicating an ala condition or reporting a fire. Alann System does not include: , I a) an alann installed on a vehicle unless the vehicle is pennanently located at a site; or . b) an alarm d~signedto alert only the inhabitants ofa premises that does not have a sounding device which can be heard on the exterior of the Alann Site. Subd. 7. "Alann User" means any Person, finn, partnership, corporation or other entity , ¡ i i I r . who (which)uses an Alarm System at its Alarm Site. . Subd. 8. "Chief' means the Chief of Police or the Fire Chief, whichever is appropriate, or an authorized representative of either. Subd. 9. "Conversion" means the transaction or process by which one Alarm Business begins Monitoring of an Alarm System previously monitored by another Alarm Business. Subd. 10. "Duress Alarm" means a silent Alarm Signal generated by the manual activation of a device intended to signal a crisis situation requiring police response. Subd. 11. "False Alarm Dispatch" means an Alarm Dispatch Request to the dispatch center, when the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the Alarm Site or no fire has been detected. An Alarm Dispatch Request that is canceled by the Alarm Business or the Alann User prior to the time the responding personnel reaches the Alarm Site shall not be considt;:red a False Alarm Dispatch. Subd. 12. "Holdup Alarm" means a silent Alarm Signal generated by the manual activation of a device intended to signal a robbery in progress. Subd. 13. "Keypad" means a device that allows control of an Alarm System by the manual entering of a coded sequence of numbers or letters. . Subd. 14. "Monitoring" means the process by which an Alarm Business receives signals from Alarm Systems and relays an Alarm Dispatch Request to the city for the purpose of summoning police or fire response to the Alarm Site. Subd. 15. "One Plus Duress Alarm" means the manual activation of a silent alarm signal by entering at a Keypad a code that adds one to the last digit ofthe normal arm/disarm code (Normal code ==: 1234 One Plus Duress Code = 1235). Subd. 16. "Person" means an individual, corporation, partnership, association, organization or similar entity. Subd. 17. "Takeover" means the transaction or process by which an Alarm User takes over control of an existing Alarm System that was previ9usly controlled by anotht;:r Alarm User. Subd.18. "Verify" means an attempt, by the Alarm Business, or its representative, to contact the Alarm Site. by telephonic or other electronic means, whether or not actual contact with aPerson is made, before requesting a police dispatch, in an attempt to avoid an. unnecessary Alarm Dispatch Request. Section 69.4: PERMITREOUIRED: APPLICATION: FEE: TRANSFERABILITY: FALSE STATEMENTS. . S ubd. 1. No Alarm User shall operate, or cause to beoperated, an Alarm S ystemati ts Alarm Site without a valid alarm permit issued by the Alarm Administrator after Janua.ryl, 2001. ,'¡ "u A sep rate pennit is required for each Alann Site. A special classification shall be required for an . Alann System equipped fot Duress Alann. Subd. 2. There will.be no fee for an alann pennit. Subd. 3. Upon receipt of a completed application fonn, the Alann Administrator shall issue n alann pennit to a1 applicant unless the applicant has: a) failed to pa§ an administrative penalty assessed under Section 69.14 or, b) had an alarrµ pennit for the Alann Site suspended or revoked, and the violation causing the ¡suspension or revocation has not been corrected. I I Subd. 4. Each perillit application must include the following infonnation: a) thename, a~dress, and telephone numbers of the Person who will be the. pennit holder and be responsible for the proper maintenance and operation of the Alann Systemand]payment of fees assessed under this article; I ¡ b) the classification of the Alann Site as either residential, commercial or apartment; , c) for each Al?ffi1 System located at the Alann Site, the purpose of the Alann . System, i.e.:, burglary, holdup, duress, fire, or other; d) signed certification from the Alann User and theAlann. Business stating: (1) the date of installation, Conversion or Takeover of the Alann System, whiphever is applicable; (2) the µame, address, and phone number ofthe Alann Business perfonning the A.lann System installation, Conversion orAlann System Takeover and resBonsible for providing repair service to the Alann. System; (3) the harne, address, and phone number of theAlann Business Monitoring the !\lann System if different Jrom the installing Alann Business; (4) that! a set of written operating instructions for the AlannSystem, including written guidelines on how to avoid falsealanns, have been left with the app~icant; and I I (5) tha~the Alann Business has trained the applicant in proper use of the. Alatm System, including instructions on how to avoidJalse al s, . e) classificati?n ofthe Alann Site as being equipped ornon-equippedJorDuress Alann. ¡ I Subd.5. Any falst statement ofamaterial matter made by an applicant for the purpose of I I I i , .~. obtaìnìng an alarm permìt shall be sufficìent cause for refusal to ìssue a permìt. . Subd.6. An alarm permìt cannot be transferred to another Person. An Alarm User shall ìnform the Alarm Admìnìstrator of any change that alters any ìnformatìon lìsted on the permìt applìcatìon wìthìn five busìness days. Subd. 7. All fees owed by an applìcant must be paìd before a permìt may be ìssued or renewed. Subd. 8. All employees or representatìves of the cìty shall hold ìnformatìon contaìned ìn permìt applìcatìons ìn confidence wìth access to such ìnformatìon. Sectìon 69.5: ALARM SYSTEMS IN APARTMENT COMPLEXES CONTRACTED FOR BY INDIVIDUAL TENANT. Subd. 1. If an Alarm System ìnstalled by an ìndìvìdua1 tenant ìn an apartment complex unìt is Monìtored, the tenant must provìde the name of a representatìve of the apartment owner or property manager who can grant access to the apartment to the Alarm Busìness whìch ìs provìdìng the Monìtoring servìce. . Subd. 2. A tenant of an apartment complex shall also obtaìn an alarm permìt from the . Alarm Admìnìstrator before operatìng or causìng the operatìon of an Alarm System ìn the tenant's resìdentìa1 unìt. The annual fee for thìs permìt or the renewal of thìs permìt shall be the same as the fee for a resìdentìa1 Alarm Sìte. Subd. 3. For purposes of enforcìng thìs artìc1e agaìnstan ìndìvìdua1 resìdentìa1 unìt, the tenant ìs responsìb1e for False Alarm Dìspatches emìtted from the Alarm System ìn the tenant's resìdentìa1 unìt. Sectìon 69.6: ALARM SYSTEMS IN APARTMENT COMPLEXES FURNISHED BY THE APARTMENT COMPLEX AS AN AMENITY. Subd. 1. If the owner or property manager of an apartment complex provìdes Alarm Systems ìn each resìdentìa1 unìt as an amenìty, then the owner or property manager of the apartment complex shall obtaìn a master alarm permìt from the Alarm Admìnìstrator. Subd. 2. For purposes of assessìng pena1tìes and enforcìng thìs artìc1e, the master alarm permit holder ìs responsìb1e for payment ofpena1tìes for .Fa1se Alarm Dìspatchesemìtted from the Alarm Systems ìn resìdentìa1 unìts. Subd. 3. The owner or property manager of an apartment complex shall obtaìn a separate alarm permìt for any Alarm System operated ìn a nonresìdentìa1 area of the apartment complex, ìnc1udìng, but not lìmìted to, common tenant areas and office, storage and equìpment areas. An . annual fee for such a permìt shall be the same as the fee for a resìdentìa1 Alarm Sìte. Sectìon 69.7: PERMIT DURATION AND RENEWAL. ¡ I I A permit shall exp¡re one year from the date of issuance, and must be renewed annually . by su mitting an updated Jpplication and a permit renewal fee to the Alarm Administrator. The Al Administrator shalllnotify each Alarm User of the need to renew thirty (30) days prior to the e:xJpiration of their permit. It is the responsibility of the Alarm User to submit an application prior~o the. permit expiration date. Failure to renew will be classified as use of a non-permitted Ala System and citations and penalties shall be assessed without waiver. I Section 69.8: PRCDPER ALARM SYSTEMS OPERATION AND MAINTENANCE ! Subd.1. An Alarm User shall: a) maintain th~ premises and the Alarm System in a manner that will minimize or eliminate False Alarm Dispatches, and make every reasonable effort to respond or cause a repfesentative to respond to the Alarm System's location within one hour when notifi:edby the city to deactivate a malfunctioning Alarm System, to provide access to t~e premises, or to provide security for the premises, and b) not manuaÜy activate an alarm for any reason other than an occurrence of an event that the AI~mi System was intended to report. I Subd.2. An Alarm User shall adjust the mechanism or cause the mechanism to be adjusJedso that an alarm signal audible on the exterior of an Alarm Site will sound for no longer . than ten(lO) minutes afte~being activated (or fifteen (15) minutes for systems operating under Unde ritersLaboratories;, Inc. standards 365 or 609). Subd. 3. An Alami User shall have a properly licensed Alarm Business inspect his Alarm Syste after (2) False AlahnDispatches in a one year period. After (3) FalseAlann Dispatches the A arm User must have! a properly licensed Alarm Business modify the Alarm System to be more false alarm resistant lor provide additional user training as appropriate. I Section 69.9: MONITORING PROCEDURES. Subd. 1. An Alarm Business performing Monitoring services shall: I I a) not requestl dispatch for police or fire response during the first week after installation] of an Alarm System, but rather use that week to train the Alarm User on proper Jse of the Alarm System unless extenuating circumstances necessitate immediate requests for response as determined by the Administrator. I b) report alarri1 signals by using telephone numbers designated by the Alarm Administr3¡tor; ! . . c) attempt to Verify every alarm signal, except a duress or hold up alarm activation , beforereqliesting a police response to an alarm signal; I , d) communic~te Alarm Dispatch Requests to the city in a manner and form determined by the Alarm Administrator; I I ] ] I I I ! e) communicate verified cancellations of Alann Dispatch Requests to the city in a manner and fonn detennined by the Alann Administrator; · f) ensure that all Alann Users of Alann Systems equipped with Duress Alann are given adequate training as to the proper use of the Duress Alann. Subd.2. The Alann Administrator shall: a) designate a manner, fonn and telephone numbers for the communication of Alann Dispatch Requests; b) develop a procedure to accept verified cancellation of Alann Dispatch Requests. Section 69.10: DUTIES OF ALARM BUSINESS. Subd. 1. After passage of this ordinance, Alann Businesses shall not program Alann Systems so that they are capable of sending One Plus Duress Alanns. Alann Businesses may continue to report One Plus Duress Alanns received from Alann Systems programmed with this feature prior to the passage of this ordinance. However, after passage of this ordinance, when perfonning a Takeover or Conversion an Alann Business must remove the One Plus Duress Alann capability from the Alann System being taken over or converted. Subd. 2. After passage of this ordinance, Alann Businesses shall not install a devices for · activating a hold-up alann which is a single action non recessed button. Section 69.11. ALARM SYSTEM OPERATING INSTRUCTIONS. An Alann User shall maintain at each Alann Site, a set of written operating instructions for each Alann System. Section 69.12: ALARM DISPATCH REOUEST RECORDS. Subd. 1. The personnel responding to an Alann Dispatch Request shall record such in infonnation as necessary to pennit the Alann Administrator to maintain records, including, but not limited, to the following infonnation: a) identification of the pennit number for the Alann Site; b) identification of the Alann Site; c) arrival time at the Alann Site and dispatch received time; d) date, and time; e) weather conditions; f) area and/or sub-area of premise involved; · g) name of Alann User's representative on premises, if any; h) identificatio'n of the responsible Alarm Business, andlor; . i) unable to locate the address. 1 I Subd.2. The respo~ding personnel shall indicate .on the dispatch record whether the dispatfh was caused b.y acp.. 'minal offense, an attempted criminal offense, fire, medical problem, or waf a False Alarm Dispatch. lSUbd. 3. In the case of an assumed False Alarm Dispatch, the responding personnel shall leave otice at the A1ann~itethat the agency has responded to a False Atann Dispatch. The notic shall include the following information: ! i a) the date an4 time of response to the False AlannDispatch; I b) the identifiçation number of the responding personnel, and, I c) a statement I urging the Alarm User to ensure that the Alarm System is properly operated, i~spected, and serviced in order to avoid fines. ! i Subd.4. Alarm B1fsinesses that perform Monitoring services must maintain for a period of ailieast one year follow,ng request for dispatch to an Alarm Site, records relating to the dispa ch. Records must include the name, address and phone number of the Alarm User, the Ala .. System zone(s) or ¡joint(s) adivated, the time ofreq uest for dispatch and evidence that an . attem t to Verify was maqe to the Alarm Site prior to the request for dispatch. The Alann Admj'inistratormay request copies of such records for individually named Alarm Users. i Section 69.13: SYSTEM PERFORMANCE REVIEWS. If there is reason to believe that an A. ¡ann System is not be.íng used or maintained i1¡.amanner t.hat ensures prop. er operation and supp~lesses false alarms, the Alann Administrator may require a conference with an Alarm User and the Alarm Business responsible for the repair of the Alarm System to review the circuinstances of each false alarm. , Section 69.14: ADMINISTRATIVE PENALTIES. Subd. 1, An AlanþUserorthe master permit holder for an apartmentcomplex shall be subj e1ct to administrative ~enalties, warnings and suspension or revocation of permit depending on thF number of False AtarmDispatches emitted from an Alarm System within a.12-month peri0r based u~on the fOl1qWing sched¡¡le Number of False.. I Alårrh Dis atches I Action Taken Penalty 1 'Ii On Site Written Notice & Warning Letter #1 0 2 On Site Written Notice & Warning Letter #2 0 3 ! On Site Written Notice & Administrative costs . i Third. FireResponse $300 Third Police Response $50 4 On Site Written Notice & Administrative Costs Fourth Fire Response $400 i 1 Fourth Police Response $100 . 5 On Site Written Notice. Administrative Costs & Suspension of Permit Fifth Fire Response $500 Fifth Police Response $200 6 On Site Written Notice, Administrative Costs & Revocation of permit Fifth Fire Response $600 Fifth Police Response $300 Subd. 2. In addition, any Person, operating anAlarm System without a permit (whether revoked, suspended or never acquired) will be subject to a citation and assessment of a level 6 penalty for each False Alarm Dispatch, in addition to any other fines. The Alarm Administrator may waive this additional penalty for a non-permitted system if the Alarm User applies for a permit within ten days after such violation. Subd.3. Alarm Dispatch Requests, caused by actual criminal offense, with evidence of a criminal attempt, or evidence of a need for fire response, shall tot be counted as a False Alarm Dispatch. Subd. 4. The Alarm Administrator may reinstate a suspended permit upon receipt of . acceptable evidence that the cause has been addressed and appropriate corrective action has been taken as outlined in Section 69.16. Section 69.15: APPEAL FROM PENALTIES. Subd. 1. An Alarm User may appeal assessment of an administrative penalty to the Alarm Review Board by filing a written request for hearing setting forth the reasons for the appeal within ten (10) days after receipt of the fine. The filing of a request for an appeal hearing with the Alarm Review Board stays the assessment of the fee until the Alarm Review Board makes a final decision. Subd.2. The Alarm Review Board shall conduct a formal hearing and consider the evidence by any interested Person(s). The Board shall make its decision on the basis ofthe preponderance of evidence presented at the hearing including, but not limited to, evidence that a False Alarm Dispatch was caused by a defective part that has been repaired or replaced or that an Alarm Dispatch Request was caused by a criminal offense or fire. The Board must render a decision within thirty (30) days after the request for an appeal hearing is filed. The Board shall affirm, reverse or modify the assessment ofthe fee. The decision of the Board is final asto administrative remedies with the City. Section 69.16: REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT. . Subd. 1. In addition to suspension or revocation pursuant to Section 69.14, the Alarm Administrator may suspend or revoke an alarm permit if it is determined that: i . i I i ¡ ¡ a) thereis a false statement of a material matter, in the application for apermit; I b) the permit ~older has failed to make timely payment of an administrative penalty assessed under Section. j Subd.2. A Person commits an offense ifhe operates an Alarm System during the period I in which his alarm permit is suspended or revoked. ! Subd. 3. Where ani Alarm Dispatch Request is received from an Alarm Site for which the alarmpermitisrevoked d~e to repeated False Alarm Dispatches, the Chief of Police may consi1er the possibi1itytha~ the request is another false alarm when prioritizing police response to thal Alarm. Site. The Fire Chief may also consider that possibility when prioritizing response to thlAlann Site. . i J Subd.4. lfthe alarm permit is reinstated pursuant to Section 69.16, the Alanv Admi istrator may revoke ,the alanrt permit if it is determined that 2 subseqµent!,alse Ålann Dispatches occur within sihy (60) days· after the reinstatement date. Section 69.17: APPEAL FROM DENIAL. SUSPENSION OR REVOCATION OF A PERMIT. . Subd. Llfthe Alarm Administratordenies the issuance orrenewal of a permit, or suspe ds or revokes a permit, he or she shall send written notice of his action and a statement of the nrm. ~appéal, hy C~ified. mml, retmn recelptréquested, .to both the app lic~tof Alann User· ndthe Alarm Busmess. i J The applicant orAiarm User may appeal the decision of the Alarm Administrator to the I appropriate Chief by filing awritten request for a review setting forth the reason twenty days after receipt of the notice vom theAlarm Administrator. An Alarm Business may submit the reqUI forreview on behalf of ~Alarm User. I Filingofa request ¡for appeal shall stay the action by the Alarm Administrator suspending orre oking a pel'!¡lit untilthe Chi efhascomp leted hi siherreview . It a request fOf appeal is not made withinthetwenty-d~y(20) period. The action of the Chief is final. I I Subd.. 2. Alarm U~ers shalLbe entitled to a hearing before the Alarm ReyiewBoard, if requestedwithintwenty{~O) days of receipt of notice ofa sustained denial or reyo.cation of perm t by the Chief. An Alarm, Business may submit a request for hearing on behalfof an Alarm User. I . . . . . ··0 _ - -. - - _ - - _ .~ Subd.3.. The Alarm.Review. Board shall conduct a formal hearing and· consider the , . evidece by any interestedPerson(s ).The Board shall make its decision on the basis ofa prep nderance of the evidbnce presented at the hearinginc1uding, but not limited to, certification that ±larm Users. have be~n retrained, that a defective part has been repaired or repla.ç~d,. or that the c use of the false alarrþ. has been otherwise determined and corrected. The Board must render J i i i a written- decision within thirty (30) days after the reque~t for an appeal hearing is filed. The . Board shall affirm, reverse, or modify the action of the Chief. The decision of the Board is final as to administrative remedies with the City. Section 69.18. REINSTATEMENT OF PERMIT. A Person whose alarm permit has been revoked may be issued a new permit if the Person: (1) submits an updated application and pays the appropriate permitfee,and; (2) pays, or otherwise resolves, all citations and fees, and; (3) submits a certification from an Alarm Business, that complies with the requirements of this article, stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Business. Section 69.19: VIOLATIONS. Violation of sections 69.4, 69.5 and 69.6 ofthis ordinance shall be deemed a misdemeanor. Violation of any other provision of this ordinance shall be deemed a petty misdemeanor." This Ordinance is adopted the _ dayof January, 2001 and shall be effective upon publication. This Ordinance may be published by summary publication. CITY OF ST. JOSEPH . By Larry Hosch, Mayor By JudyWeyrens, Clerk Administrator This amendment was published on , 2001 by N:\city\stjoe\200 I . . ¡ AMENDMENT TO ORDINANCE 84 1 GENERAL PARKING ORDINANCE The City Council for the City ofSt. Joseph, hereby ordains that Ordinance 84 of the St. Josep Code of Ordinances is amended as follows: I 1. That Section 84.2, Subd. 3 is amended to state: I "Subd. 3: The Cityl Council by resolution may designate certain blocks within the city as Sminute,30 minute, 1 h0'tr, 2 hour, 8 hour and pennit only limited parking zones and shall mark ~y appropriate signs ';lny zones so established. No person shall park any vehicle in any limited parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longe~ than specified on signs marking that zone, or without the appropriate pennit for 'pennit only' ones." i 2. That Section 84.2, is amended by the addition of the following as SubdivisionS: ! ' , " ì "Subd. 5: Upon application and payment of any applicablepennit fees, the City Clerk may i sue a pennit to park ,in pennit only limited parking zones. All infonnation requested in an application fonn prepared by the Clerk Administration shall be provided. Failure to provide infor4ation shall be considered grounds for denial of the pennit. No more than five pennits . shall ~e issued per parking! space. Eachpennit shall be valid for a period of one year from the date or issuance and shall ~e nontransferable. The City Council may, by resolution, establish pennit fees in accordance rvithSectionJ4.4." ! These amendments are effective upon adoption and publication. I I I This Ordinancewa'sadopted by the City ofSt. Joseph on this _ day of January, 2001. Mayor Clerk Administrator I This amendment ~as published in the on ,2001. N :\cIty ] tjoe\200 I .. . . . . . , I I i CAPITOL PURCHASE REQUEST I ¡ FOR USE IN NEW CITY HALL FACILITY I i , Police Department Office Equipment Prior Year 2001 Total Available Account 101-42120-570 $ 600.00 $ 325.00 $ 925.00 ¡ 6 Used steel desks 30"X 60" $ 700.00 I $ 45.00 1 3'X4' wood frame dry erase board . I $ 65.00 1 Wire literatu~e rack TOTAL $ 810.00 . City Offices - Offi~ Equipment , Prior Year 2001 Total Available Account 101-41430-570 $8715.00 $1600.00 $10,315.00 I 1 Check out b9ard $ 40.00 2 Used wood desks 30"X66" $ 850.00 2 Used wood binder bins $ 100.00 6 Used legal four drawer vertical file cabinets $ 480.00 TOTAL $1470.00 . . . . . ' 3. (hi) . LMC¡IT LIABILITY COVERAGE - WAIVER FORM i Cities obtåining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether 9r not to waive the st~tutory tort liability limits to the.· extent of the coverage. purchased. The decisioll r waive or nottowt the statuto~ limits has the following effects: j. Jf!~ ci¡ydoes no!waiv~the statutory to~tllmils, an individual claimant would be able to recover no more t an $300,000 on anJí claim to which the statutory tort limits apply. The total which all claimants would be able to recover fo;r a single occurrence to which the statutory tort limits apply would be limited to $75P'000. Thesestatutof'Y tort limits would apply regardless of whether or not the city purchases the optiol1al excess liability .coyerage. . lAe ciÎJ! waiv¢s the .sta~tory tOr!limiisand ci0es not purchase exc~ss liab i/i¡y coveråge, a singlF claim~t çould potentially ¡ecoverup to $750,000 on a single occurren~e. The total which ali claimants would be able to recover fqr a single occurrence to which the statutory tort limits apply would also be linút1 to $750,000, regardless of the number of claimants. . . 1ft I e city 'Hii1IVes the stJtutOry tort limits and purchases . excess liablU¡Y coverage, a single claimant could totentially recover aµ amount up to the limit of the coverage purchased. The total which all claim I tswould beable to; recover for a singleoccUlTence to which the statutory tortlimits apply would also i limited to the a¡not of coverage purchased, regardless of the nwnber of claimants. . Claims to which the statutory¡municipal tort limits do not apply are not affected by this decision. Thisd",,!sionmustbe made ~ythe cil)! council. Cities purchasing coverage m';st complete and return this fordtto LMCIT before 'the effective date ofthe coverage. For further information, contact LMCIT. Youma1alsoW1shtodlscure~lssuesWlthyourcil)!attomeY. TheCitYI of· . ... ... ¡accepts liability coverage limits of$ from the League of MinnesrCitieS Insurance Tr<LMCII). Check one: : K he city DOES NOTiWAIVEthe monetary limits on municipal tort liability established by Minnesota :Statutes466.04. I i ___ he city WAIVES t~e monetary limits on tort liability established by Minnesota Statutes 166.04, to theextentrthe linúts ofthe Iiability coverage obtained from LMClT. Date of city council meeting ¡ Signatu e I ¡ i Position . I Return his completedjorm(oLM CIT, ·145 University Ave.. W., Sf. Paul,> MN. 55103-2044 Page 1 of1 FROM: LMCIT OMrf111 þvS. "'to/. A;Se~k"¡", . s7. oJ c? SI?P /I. /11;; Berkley Risk ServIces, Inc. / 145 University Avenue West . St. Paul, MN 55103-2044 (612) 281·1200 Fax: (612) 281-1297- SUBJECT EXCESS LIABILITY QUOTATION FOR: DATE -FOLD- DEAR: LIABILITY LLMIT: $1,000,000. ANNUAL PREMIUM WITH WAIVER OF IMMUNITY: f t 't'9'2- " ANNUAl. PREMIUM. WITHOUT WAIVER OF UOOJNITY: J'¡)t1T" ¡fEll t.l6-'"'S/{?Ø . QUOTATION EXPIRES: t:,. FOLLOW FOR..~: UNDERLYING COVERAGE AS SCHEDULED SPECIAL EXCLUSIONS: AUTOMOBILE NO FAULT UNINSURED MOTORIST AND UNDER-INSURED MOTORIST UNLESS ADDED BY ENDORSEMENT UME-4(Ol-95) NUCLEAR REACTION! RADIATION LEAD FAILURE TO STIPPI CLAIM PROPERTY IN CARE . CUSTODY OR CONTROL . OTHER ENDORSEMENTS: I/M )v:z::M 1-/)14/) MIl//.!) l/ì¡-vl7 +~JJ;- /Cð-/-Jé:'"£>TO I>lrøa¡.&?oc> , REMA..~IŒ: AN ELECTION FOR.}.{ MUST BE Cm1PLETED, SIGNED AND RETURNED TO US BEFORE THE EFFECTIVE DATE IF COVERAGE IS DESIRED. DATE .. . . /. ... .... SIGNED J-~-tJ/ -"l.:>D . . . n. _....~...~n....____~ _. ~. ~, "" ~. _. ~'.' . '''~~_.'~ " ". ............. _...... ....._.~____.______~__. - . - ..... . ......, t· <.,- i . City] of St. Joseph e>liqe Department i , , . 2000 . Pq>liee Report I I i i I . ¡ Submitted January 26,2001 , , -:.. 1 .1 Introduction During 2000, the St. Joseph Police Department handled 13% more calls for services and . crimes than in 1999. Part I crimes, which are those considered by the FBI to be the most serious and/or most common went unchanged. Therewere 131 part I crimes in 1999 and in 2000. Part II crimes are all other cases that are criminal in nature. In 2000 there was a 27% increase in reported part II crimes when compared to 1999. Traffic citations saw a 32% increase over 1999. Correspondingly, there was a 35% increase in traffic related calls which include traffic crashes, driving complaints and traffic hazards. Miscellaneous calls for service which include civil matters, public assists and assisting other agencies decreased by 13 %. We do not have an answer for why crimes, traffic crashes and traffic citations were up over 1999. We also do not know why calls for non-criminal police services went down by 13%. Part of the answers can be found in people more willing to report criminal activity during 2000 than they did in 1999, but this would not account for the entire Increase. The data is not as complete as we would like to provide. The departments records system was not Y2K complaint and did not give us all of the information for comparisons that . we would like to have had. We changed records systems in late 2000, but we do not have data for 1999 in that system to compare too. In addition to the crime data presented, there were other changes within the St. Joseph Police Department. We have hired a new chief and saw 2 part-time officers and an administrative assistant leave the department. We hired a part-time administrative assistant and 4 part-time officers to assist. Along with the rest of the city staff, we have been planning on the move into the new city hall facility, which should occur in the early part of 200 1. . I~ ( .. Part I Crimes . 1999 2000 MUfder i 0 0 Cri~ina1 Sexual Conduqt 2 9 Ro ·bery ! 0 1 I . . 6 Aggravated Assaults · 1 Bt1ary 25 9 Th ft 90 106 Ve . icle Theft 8 5 TOTAL PART ~ 131 131 0% Change Part II Crimes ¡ , 1999 2000 I I I UnClerageConsumption! 310 314 criminal· Damage to PrÒperty 67 73 No¡se Ordinance Violat~ons 58 108 Di . orderly Conduct . 47 12 A+mal Ordinance Viol~tions 44 50 Har,assment 1 20 10 Unlawful Assembly , 19 0 . C~minal Trespass 18 25 D g Crimes 17 39 F 0fgery i 14 5 Simple Assaults 11 18 J I 18 25 M~scellaneous Liquor Laws O~(ler fo~Protection Vi,olations 7 5 o structmg Legal Process 6 6 P~blic Urination 1 5 5 J~ Car Ordinance Violations 5 4 G bage Ordinance Viólations 5 4 R naway Juveniles i 4 2 Littering : 3 0 pd~SeSSing Stolen pro*rty 2 1 JUI eni1e Tobacco Laws 2 6 Curfew Violation 2 7 Inferfere with Privacy i 2 1 megal Fireworks i 2 5 DtorderlY House 2 4 P ¡ ssess more than 1 Keg 2 2 B· d Check 1 5 Solicit Minor for Sex Act 1 0 Fålsely Reporting Crime 1 0 . ~lse Name to Police <þfficer 1 4 teapon Law Violations 0 2 P ssession Fake Identification 0 2 I~ Bar After Hours ! 0 3 ~isplay of Alcohol aftþr Hours 0 1 o Identification in Rlrs 0 1 I j . Sign Ordinance Violations 0 1 Use of Drug to Facilitate Crime 0 2 Malicious Punishment of Child 0 1 . Sale of Tobacco to Minors 0 2 Obstructing Right of Way 1 1 TOTAL PART II 697 887 27% increase Traffic Arrests and Citations 1999 2000 Driving Under the Influence 54 79 Underage Consume and Drive 28 17 Parking Citations 775 Speeding 434 760 Expired Vehicle Registration 40 51 Stop Sign 21 76 Seat Belts 21 70 Driving After Revocation 21 29 School Bus Stop Ann 17 6 No Proof ofInsurance 15 21 Snow Removal Summons 13 5 Illegal Use of License 13 3 .. Open Bottle Alcohol in Car 12 11 Illegal U-Turn 8 7 . Driving Uninsured 7 5 No Valid Drivers License 6 8 Unreasonable Acceleration 5 12 Semaphore (Stoplight) 4 27 Fail to Yield Right of Way 4 4 Unlawful Display of Plates 4 3 Unlawful Tinted Windows 3 45 Display Wrong Registration 3 0 Driving Wrong Way 2 4 Unsafe Passing 2 2 No Motor Cycle Endorsement 2 0 Using Unregistered Vehicle 2 0 Fail to Transfer Title 1 0 Instruction Pennit Violation 1 2 Driving on Sidewalk 1 0 All- Terrain Ordinance Violation 1 0 Riding Bike onSidewalk 1 0 Expired Drivers License 1 4 Unlawful Tire 1 0 No Taillights 1 1 Fail to Stop for School Patrol 1 0 Unauthorized Lighting on Vehicle 1 0 Illegal Cross·Over 0 1 . Allow Open Bottle Alcohol 0 1 Inattentive Driving 0 1 No Lights on When Required 0 1 Careless Driving 0 3 " , ~,".. ImBeding Traffic 0 2 Unl:awful Bumpers 0 I . Blobking Roadway 0 15 Drife over Center Line 0 2 Iffi[roper Turn 0 1 Fai to Yield to Pedestrian 0 2 Fol owing Too Close : 0 1 FIe ing Police : 0 1 Drire Around Barricad9 0 5 UOiafe Lane Change . 0 1 Ta . Evasion 0 1 Test Refusal 0 1 Unlawful Remove/ Altef Sign 1 0 TOTAL TRAFFIC 1,533 2,027 32% increase ! AVfrage Speeding Citat~on was 17.94 miles per hour over the posted limit Average Breath Test was .146% Breath Alcohol Content AvbrageWindow Tint <pitation was at21.605% Light Transmittal bther Traffic Related Calls for Services 1999 2000 Pe1sonal Injury CrasheS 9 12 PJertY Damage Crasl¡es 66 90 . Dr ving Complaints ¡ 38 63 Tr ffic Hazards : 18 13 TOTAL OTHER 131 178 35% increase i Calls for Service 1999 2000 M~scellaneous Public Assists 454 315 As1sist Other Agencies! 209 193 Mrrists Assists 96 128 M · dical Assists 90 29 Ju enile Problems 76 56 False Police Alarms i 64 32 S ~SPiciUUS Persun!V ehldes 44 69 911 Hang-up Calls I 37 24 I 32 54 Found Property. ! N~ghhnr Disputes 27 26 Tr fficControl/Escorts 25 13 D . liver Agendas i 24 21 D(])mestic Disputes I 20 24 W1elfare Checks ¡ 19 10 . Fife Assists I 19 27 C~vil Paper Service I 18 13 0ro Duurs I 16 39 i 16 16 List Property . .1 Gr Penuit APPliCatiTs 16 11 .. ~ Fire Alarms 11 3 Lights out/Signs Down 9 9 Detox 8 5 . Attempted Suicides 7 2 Transport Persons 7 11 Found Animals 6 8 Snowmobile/ A TV Complaints 6 15 Lost Animals 4 7 Check Area 2 15 Mental Cases 2 1 Lost Person 1 6 Found Person 1 2 Death Investigations 0 6 Dog Bites 0 1 Recover Stolen Vehic1es 1 -3 TOTAL CALLS 1,367 1,194 13 % Decrease TOTAL ACTIVITY Part I Crimes 131 131 Part II Crimes 697 887 Traffic Arrests and Citations 1,533 2,027 Other Traffic Calls for Service 131 178 Calls for Service 1.367 1.194 TOTAL ACTIVITY 3,859 4,417 13 % Increase . . . ~ CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 lit Memornndrun MAYOR Kenneth J. Hiemenz To: City Council . I ,," CLERK/ From: Chad A. þaclS{þ AIJMINISTR¡\TOR : L. Cari Schmidt Date: 01126/011 I" Re: St. Cloud Partnership Year End Review COUNCILORS Bob Loso Wlert it The attached docUment summarizes the Partnership's activities for the Year 2000. The document is Mary Niedenfuer for your review. ,If you have any questions, feel free to contact JeffSchlingman, President, at 656- 3815. Thank yO\i.. . -- - ~-- . . . . I Economic Development 2000 I YEAR-END·REVIEW INTRODUCflON The P.kershiP h~been rè-~dressing the organization'snûssion anð goals: The Mission StatelIlent OfJ1¡eJmwershiP remains thr .sam~ ¡he. St. Clo~d Area ;Economic Dev~Iopment Partnership, .·lnc., a· public-private embership organization, is dedicated. to enhancing the economicvitaIity of the Sl Cloud Area~Ou~ Mission is to generate high quality jobs .and tax base by promoting and facili~ting the growth of existing businesses and the development or new bnsines.es." i . The g'f' to. acIû""!'that mLon are. clear, I) RetaiIiexisting industrles.and he1p them expand ánd create a supportiveenvirotiment 2) Market the community to. selected· manufacturing firms, 3) Maintalrt readiness to initiate and respond to industrial expansion and location opporturúties,. 4) R~moJe barriers to economi~ growth and enhance community capability to foster growth, 5) Increase ,"mò1 of the PmwershiP~S ándm~ and 6) Asmre 10ng"tenn ,"ability oftlæ Parb1ership. . How I eaclùeve those go~s and how we prioritize our efforts. needed to be addressed~ As .the econof changes,t1¡e emPhBsis of The Partnership programs ándprojects also change. During ZOIJO, with it very low. unemplo~ent, limite4 available. housing, affordable or otherwise anø.economic expansr0n, The Partnership; responded in a variety .of ways. The Business 8etvices Advisory Co,ttee ~dthe:&ecu~veCo~eed~ed tlun the Partnership's maffeffom andtinœ should be as follows: I i ResearchlReadiness ¡ . staff time 50% In ord~r for thelocaleconÓmyto continue to grow and expand, the ground work needed to be in place.. Our main focus. shifted· to research. To better position the 81. Cloud Area for groWth, several issues became crucial Affordable housing assessment, transportation funding, . airport. expansion, workftce retention and industrial park.developmen1:/promotion were hot topics during.the.year 2000. The P nership took the lead on several projects and assisted in others where ever possible. The Pþ~p. reffiåil,. å ~Sp<)l'ISÓrl'f the St. Cloud .Profil~.. yeårl~ publication of economic data produ~ by St. CloudStatOUniv~'s Minnesota's Economi~peve10I)l1ent Center. The Area Jah Fair is also oneofThePartperslùp's responses to unemployment and underemploymentissues in the 81. CI?ud ~ea. .. Other issut¡s .are deteFn~d and executed· by. ~ and Board mTmbers in. response to CUl huml1essl1~S' Th1PartnershiP ~vesto stay 011 the leårlmg edge afhasmess sem~ I . Business Retention· ..1 . . . . staff time ... 25% . Our Business Retentionar{d Expansion Program is an. excellentwayto remain in-touch with the curre t· employment,·· training, and· expansion.. issues. of· our local employers. . . During a Partnerslùp Reten ionlExpansion meet~ng, staff. and. board volunteers visit industrial . and industrial service I ! I I 1 I businesses to offer our expertise, infoffilation and assistance. We hope to learn first-hand how . businesses are doing and what issues they face doing business in our service territory. The Partners1úp tracks the progress of the individual business as well as the overall economic climate, the purpose: to learn about changing business trends, share with our board and be proactive in addressing those issues regionally. Infrastructure staff time 15% To better promote our area and the industrial parks of our membering·commuIÛties, it is important to know what infi-astructure is available to each. Today "inftastructure" has many meanings to a business in their location decision. Yes, roads, airport access, city sewer and water remain key, but now 1úgh- speed internet access needs to be mapped. We are working with ourmany partners to provide current infoffilation on each of our area industrial parks. The infoffilation will be displayed on our web site to assist potential businesses in making the best location decision. Business Recruitment staff time 10% The Partners1úp has had several successes in assisting businesses in locating or expanding wit1ún the area. The objective~ to bring well paying, technical and manufacturing jobs into the area and increase the tax base for our partnering cornmuIÛties and organizations. Although The Partners1úp was the lead on.. several successful expansions and relocation, our partnering cities and counties had. countless project successes over the past year. We are proud to assist them when ever possible. . SUCCESSFUL PROJECfS, JAN 1,2000 - DEe. 31, 2000 Wiman Plastics T1ús year, as Benno, a metal stamping and .plastic molding company, closed the doors at its Sauk Rapids location. The Partners1úp worked hard to help find a suitable buyer. Wunan Plastics is a 25 year veteran of the S1. Cloud area and was the perfect fit for the building. Wunan is a plastic extrusion company. Huisken Meats Again, a company closing opened the doors ofopportuIÛtyfor a new company. Gold'n Plump's moving made it possible for Huisken Meats, a Chandler, MN company, to expand to the area. The company will not only fiuhe building but employ many of the same people. Huisken has received industrial revenue bonds to buy the Sauk Rapids plant and will move in by early winter 2001. The company has plans to employ 125 people wit1ún 2 years. Min Lin Laundry Services T1ús company is based in Wilmar, MN decided to expand into commercial laundry services and were interested in 81. Cloud for its central location. The Partnership assisted MoLin in their site search, shared our building inventory and showed them several locations.. . Min Lin had planned to lease, but decided to build a 20,000 square foot building in BeckerIndustrial Park. The laundry will start with one shift of 20 to 25 employees and a planned second s1úft that will . double that number. 2 . Merrill Corporation When Herberger's headquarters. was moved out of state, their warehouse becan1e available. 1he Partnership listed the nearly 100,000 square foot building on our industrial buildings i I ventory as well as MriPRO, a site search web page. We had been actively working with *errill on.their.potentiM move! e~pansionfornearly·two.Years,and showed them the available 'Yarehouse (along with 1 a number of other interested companies local and non-local). Merrill ~ought the warehouse in Sartell where. it expects over 200 employees runrúng two shifts by 2002. The company ponts and distributes financial and real estate materials. The Sartell tarehouse will handle marketing and. compliance litera~e orders ~d will employ some of the same people who worked there for Herberger's. Merrill IS located m several St. Cloud area tatiO~S; andemPloYSio~80Q peopl¢ in the area. Ron's Cabinets! This local· Sauk Rapids firm had long been planning a move as they had outgrown their current lpcation at 1010 Su~t Avenue North. The company's growth was happening .in two different areas, comm~rcial cabinets. and custom cabinets for the home.. Instead. of relocating, the company decided :to split into two companies, Wtlkie Sanderson,. Inc. will remain. at the furrent location and Rpn's Cabinets. Ron's Cabinets took on the custom cabinets for the home d needed a new lo~tion. They have leased temporary space while they build in Sauk Rapids dustrialParkEast.¡ThePartnershipworked with Ron's for over a year.in their site search d financial packaging, now Sauk. Rapids and Benton County partners are assisting them in . he move. : ifhoele Dental Laborato Inc. his company had o*tgrown their location in downtown St. Cloud and were using storage space for offices. Tþe Partnership, on a scheduled Retention Expansion Visit, found that ~e needed new ~'fhoeIe decided 10 build, The Partl1e1>hip assisted them on. site search infonnation.. [We utilized our partner Minnesota Technology regarding the building layout. Although.they decided to locate in Waite Park, the employees were retained and Thoele will grow moderately over the next several years. 1 Royal Tire I This project included I expansion and technical assistance. . Royal Tire,located just outside city limits, was concerned about expansion on land that was inside the city limits. > Not wanting to incur unnecessary co~ts, they wanted to work with the city to provide .seIVices to the building ahead of the city's scl1edule.. The Partnership arranged several. meetings and assisted them with building code. issueS,... fire safety· design and future expansion. planning. Royal· Tire's warehousing and distnbutionwill all stay in St. Cloud. i.· .: .. . .... ' There . ere several additional small successes, where Partnership assistance made projects happen. We are prt of each of oursui=ses .We .also worked hard on dOzens9fo!Ì1er projects~ for .one , reason or another did .nòt choose the St. Cloud. Area, . Though not all projects end in a successful busine s expansion or relocation, The Partnership assist where they can and works hard to remain the . first paint of contact for this rapidly growing area. ! , , I i 3 i I I In addition to these successes, our partnering communities also had a very busy year. There were . several industrial developments in the area that would not have happened without the dedication and hard work of the local economic development staff. Congratulations! SUCCESSFUL PROGRAMS, JAN 1,2000 - DEe. 31,2000 CENTRAL MINNESOTA TRANSPORTATION ALLIANCE The Partnership became an Endowing Member of the Central Minnesota Transportation Alliance for the year 2000. President Jeff Sclùingrmum is currently serving as the Chairman of the CMT A The Partnership is very interested in the continued smooth growth of· the transportation network throughout the S1. Cloud Area.. The CMTA works tirelessly t()td~ntiiy transportation issues, develop priorities and lobby for State and FederaIfunding. Transportation, along with housing, is beconûng a more and more vital to business location I re-Iocation as well as laborforce location throughout the area. The CMT A held a drive-in to lobby the State legislature and a fly-in to lobby for Federal funding during 2000. JOB FAIR The S1. Cloud Area Job Fair, organized in part by the S1. Cloud Area Economic Development Partnership since it's inception four years ago, was extremely successful. The 2000 Job Fair, held on September 27, attracted over 1,900 job seekers and 118 area employers. The Partnership believes that providing area companies with this OpportulÛty is a ulÛque way to boost the economy. Most of those responding to an exit survey indicated that they currently have a job, have a college education and were seeking professional positions. Comments &om . both employers and potential employees were positive and the plans for a 2001 Job Fair are underway. ST. CLOUD AREA PROFILE 1999 - 2000 The Partnership and the Steams Benton Employment and TraiIÛng Council team up to provide the. latest economic. data for the three county· S1. Cloud. area. The data. is compiled and prepared by the Minnesota·Economic Development Center and Social Science Institute at S1. Cloud State University. Tlûs annual publication is the area's most comprehensive econonûc overview and is available at The Partnership's offices. The infolmation is invaluable to Partnership staff and Board as they assist businesses through out the year. The data is provided to Partner OrgalÛzations and MUlÛcipclities as well as shared with prospective companies per their request. AIRPORT EXPANSION PLAN The Partnership sees the St. Cloud Regional Airport as a vital link to future development in the area. In the past The Partnership has assisted in airport marketing and helped lobby for improvements. In addition to making marketing dollars available, Partnership staff have assisted in the Master Plan Development, a step that helped secure federal fimding for much needed improvements and expansion plans. The airport is building a longer runway in order to accommodate larger aircraft and allow for direct flights fi-om St.. Cloud to Denver and Chicago. Additionally, a longer runway. may allow cargo planes into St. Cloud, which would take . pressure off the Minneapolis St. Paul·airport. The Partnership is encouraged by the significant ·4 . i I . potential foreconorPic development that the St.· qIoud Airport presents and will continue to work with the St. qoud Regional Airport to further th~e goals. AFFORDABLE HOUSING At the reql)~ of die Joint Planriing District Board, the Partnership and Stearns County has over the past year; addressed the issue of affordable housing. The Affordable Housing Taskforce addresse4· the availability and affordability. of housing on a regional basis. The Partnership..·sees th~ connection between affordable housing .ånd economic growth. The number of working families throughout thè region is growing fasrer than the number· of homes affordable to them, ~d a number ofjoQsgo un-filled. The Affordable Housing Taskforce's goal was to ini~iate i regional discussion and consensus on how the St. Cloud Area should respond to the crisis.l During 2000The Partnership contributed $5,000 toward research of the affordable housing iskues. - . CONdLUSION TheStICl~ Area is srill ¡~ fàstest-growfug co~dor in.tbe upper núdwest. The region is widely recogr¥ed ..fo[ its relatively ¡low cost of living,· excenent·. public schools, highly trained labor force, . strong fork ethic and aggres,sive· pursuit of economic development. . Quality of life is enhanced by the aß1and .acad~90Ppo~ruties offeroo. hythearea>s. funr.=jor Wûrunons.Ofrugñer 1eanDn& as wen as its idea1location which is central to Minnesota, and #Ie entire URited States. ·In this changing econo y The Partnership. ~s continually striving to be responsive to the needs of businesses, communities and our partneting organizations and it is our intention to continue to· make· this the area to chodse in iocating your business or your family. . The St. Cloud Area Economi~ Development Partnership is excited about each of the project su~, I· . whether it be a state and regionally signifi~t relocatiòn into the SLCloudAreaor a small shop expandTg w!thin the area. ~e Partnership is proud .to report that .the area's industrial base continues to. gro;¡. wages are. climbing and the communities continue to work together to provide the most effectiv · . economic development opportunities. . The p~p is~SQ~ our.pro~¡""alwa~ evolving I<> address thevariahleneeds'ottlte commuftiesand agencies thát we.selVe. . Additionally, we strive to do our best to communicate the messagj that St. Clou~ is th~'progres~ive choice foçbusiness and that The Partnership is the. first point of contct for any þ~smess'slpfonnatIO}1, growth and/or development needs. ¡ . . I i I I I I I 5 i . . . MINNESOTA PLAN1NING STATE DEMOG APHIC CENTER · .. i JanuaIW 23,2001 i I I Judy 'feyrens,. Administrator A.nn.a T. Reischl, Clerk City 0t St. Joseph I St. Joseph Township 21 1st Ave. NW, Box 668 ! 10187 295th Street St. Josbph, MN 56374-0668 St. Joseph, MN 56374 < Subje t: Docket No. þA-524-4 Date of Order: December 18, 2000 Dear Is. Weyrens and MsJ Reischl: In ace, rdance with M.S. 4 i 4.0 I, Snbdi vision 14, as amended in Laws of 1997, the State Demo rapher estimates population and households as follows: St. JoJePh City Population Households Source Prese It estimate 4,934 1,136 1999 Demography Estimate Anne ed/detached area estimate + 142 + 47 Adjus ed estimate 5,076 1,183 · St. Jo eph Township i Population Households Source presej1t estimate i...<. 2,699 845 1999 Demography Estimate Anne <ed/detached area estimate - 142 - 47 Adjus ed estimate < 2,557 798 If no 90mments or correcti?ns are received within ten days, the adjusted populations will be e~fectJ've as of the date of Te order or approval letter by the Director of Mi~nesota Planning. ssrlY, , I II~ R. ThIDmas Gillaspy 658 Cedar St. r St. Paul, MN 55155 State f· emographer Telephone: 651-296-3985 RTG: bw i i Helpline: ! 651-296-2557 cc: Richard Gardner, Department of Revenue . .1 Ch" M S ·11· M" PI" FaCSlml e: nstme . cotI 0, mnesota.. annmg 651-296-3698 R. Marshall Johnston, Department of Transportation TrY' . Jeff Saholt, Depart~ent of Transportation 800'-627-3529 Patrice J. Shier, Secretary of State I <. www,mnpan, Linda Carlstedt, Department of Economic Security state.mn.us 100% post-consumer recycled content . . . ---------------------------- . CITY OF ST. JOSEPH I 21 First Avenue NW P.O. Box 668, City Council St. Joseph, MN 56374 , February 1, 2001 I (320) 363-720 I i Fax: 363-0342 2:00 p.m. . In an effort to continue to receive resource information, the City Council will be meeting with the Police Chief on February 1,2001 at 2:00 p.m. in the St. Joseph City Hall. I (r' MAYOR Kenneth J. Hiemenz I I CU;RK/ AI>MINISTR.\TOR City Council Cari Schmidt February 8, 2001 ,--/'- 5:30 p.m. COUNCILORS Bob Loso The St. Joseph City Council will be meeting with representatives from St. Benedict's Wlert Monastery ançl College on February 8, 2001 at 5:30 p.m. at the Gatewood Reception area. , It The purpose ofthe meeting is to introduce the various representatives and receive resource Mary Niedenfuer information. . i . . .