HomeMy WebLinkAbout[05] Noise Violation, 504 Minnesota Street ECITY OF KT. Ji1~ykPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
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Council Agenda Item
November 19, 2009
Noise Violation, 504 Minnesota Street E
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: The past violation records have been reviewed and this property
does not have any reported noise violations.
BACKGROUND INFORMATION: The City Council has established a policy whereby all noise violations
regarding rental properties are reviewed by the City Council. The process before the Council is twofold.
First, the Council must determine if a noise violation did occur. It is up to the property owner to request
an evidentiary hearing if they dispute the allegation. The evidentiary hearing is a very formal process
where each side is represented by an attorney and the hearing is conducted in a court setting with the
Council being the judge. fn this case the City would hire a court reporter to document the proceedings.
At the end of the hearing the Council would then make a finding. Very seldom has an evidentiary
hearing been requested, as is the case with this violation.
Once the Council made a determination that a violation did occur, the Council must then consider the
disposition. The maximum fine allowed by Statute is $ 1,000. Previously the Council has based the fine
on the severity of the violation and the cooperation of the tenants. The minimum fine has been $
250.00 which covers the administrative costs of the violation.
The action the Council is dealing with is the Rental License and the landlord. Even though the tenants
are responsible for the actions, the City holds the landlord accountable. In separate action the Police
can issue citations to the individuals.
In talking to Chief Jansky it was noted that the tenants were cooperative, and you can see from the
reports that over fifty citations were issued for minor consumption. In addition the Police Department
was at the site for over three hours. The property owner is not disputing the noise violation and has not
requested an evidentiary hearing.
BUDGET/FISCAL IMPACT:
ATTACHMENTS:
Hearing Notice, Police Reports
REQUESTED COUNCIL ACTION: As stated earlier, two separate motions are required. First the Council
must determine that a violation did occur and then the disposition (fine) must be considered.
. ~. CITY OF ST. OSFPH
1
WWW.cityof stjoseph.com
November 5, 2009
Audrey Heinen
PO Box 324
Administrator Cold Spring MN 56320
~udy Weyrens
RE: 504 Minnesota St E
Mayor Dear Audrey:
AI Rassier
This letter has been prepared to provide you with notice and information regarding a
Councilors proposed suspension or revocation of the rental license for the above referenced
Steve Frank property. This action is being taken because of an alleged violation of Ordinance
Bob Loso No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have
arisen out of an incident on October 30, 2009 (copy enclosed) .
Renee Symanietz
Dale Wick The St. Joseph City Council will review these allegations and consider appropriate
action, including a suspension or revocation of your rental license, for up to a period
of twelve months. The meeting will be conducted on Thursday, November 19, 2000
at 7:00 p.m. in the St. Joseph City Hall, 25 College Avenue North.
At that time you are entitled to a hearing to be conducted in accordance with
Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of
determining whether or not the alleged violation did in fact occur. At that hearing,
you have the right to cross-examine witnesses and present evidence on your
behalf. The proceedings will be video recorded. Based upon the evidence
presented, the Council will then make a determination as to whether or not the
alleged violation did in fact occur.
If you wish to have an evidentiary hearing of this type, you must contact the City
Administrator in writing at least five days prior to the scheduled Council meeting. If
a request for hearing is not received by the City Clerk/Administrator at least five
days before the hearing, you will then be considered to have waived your right to
have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver
of this right to hearing will be equivalent to an admission of the basic allegation (s)
alleged herein and reported by the complaining party.
If you waive your right to hearing, or if an evidentiary hearing is conducted and the
Council determines that a violation did occur, then and in those events, the Council
will proceed immediately to consider a disposition, which may include
ZS College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
phone 3zo.363.7z.oi Fax 3zo.363.o34Z
Audrey Heinen
November 5, 2009
Page 2
revocation or suspension of your rental license. Prior to the determination of disposition, you or
your designated representative may address the City Council and at the time of disposition.
In the event of a revocation or suspension of your rental license, the premises must be vacated
of all renters, within thirty days of the Council action. Any rental occupancy occurring after that
time may result in criminal charges.
You have the right to be represented at the time of this meeting during either the evidentiary
hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you
must hire your own attorney. If you have any questions regarding the law or your rights, I
suggest that you contact an attorney to discuss this matter.
Your failure to appear at this meeting will be considered an admission of the allegation and a
waiver of your right to address the Council before the determination of a disposition. If you fail
to appear, the Council will take whatever action is deemed appropriate and you will be notified
of this action at a later time.
The City also has concern regarding your application for a rental license. The license process
required submittal of a tenant list. In reviewing the information you submitted, none of the
tenants identified by the Police Department as tenants were contained on your list. Please
provide an explanation of how this occurred.
If you have any questions or need additional information please feel free to contact me at
320.363.7201.
Sincerely,
ud W yrens vk~
Ad inistrator
cc: Tom Jovanovich, City Attorney
Mayor and Members of the City Council
Police Chief Pete Jansky
Incident Report
Officer Assigned: Badge Number: How Recd: Supervisor Approval:
Johnson 7707 Phone
* 0 9 8 0 2 0 3 4 * Reported By: ^ See Complainant Squad: In Squad Video: Photos Taken:
Anonymous Neighbor 704 ®Yes ^ No ^Yes ®No
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Noise Violation
Level of Offense: Level of Offense: Level of Offense:
^ P. Misd. ^ Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^ Mlsd. ^ G. Misd, ^ Felony
Location of Incident: Date Incident Occurred: Day of Week Incident Occurred:
504 East Minnesota Street 10/30/2009 Friday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Geared:
10/30/2009 2331 2331 2331 0224
Assisting Officer(s):
7704, 7712, 2310, 2312
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Name (Last, Frst, Middle) Date of Birth:
Race: D/L #: ~ State:
Brolsma, Matthew Richard Jacob 06/30/1988 CAC Q277172195316 MN
Street Address: City, State, ZIP: Phone:
4400 Meadowood Circle Vadnais Heights, MN 55127 651.308.1641
To )ail: Citation Issued: Gtation #: Eyes: Hgt: Wgt:
^ Yes ®No ®Yes ^ No AD1812 Green 602 180
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Name (Last, First, Middle) Date of Birth: Race: D/L #:
State:
Karr, Kelle Trotter 02/12/1989 CAC A451019671110 MN
Street Address: qty, State, ZIP: Phone:
7374 Niagara Lane Maple Grove, MN 55311 612.860.9918
To Jail: Gtation Issued: Citation #: Eyes: Hgt: Wgt:
^ Yes ®No ®Yes ^ No AD1813 Blue 505 135
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License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehicle: Towed By: Vin #:
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License Plate Number: State of license Plate: Year: Make: Motel:
Color of Vehicle: Towed By: Vin #:
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Received a noise complaint from a backyard neighbor at the above add
ress. Neighbor advised that
they had tried to get the music turned down by flashing their back light at the house, however they
didn't turn it down. On arrival, I heard music coming from the address. I observed several people flee
on foot from the garage and several stayed in the basement. After consent to enter was given by
Brolsma, it was determined that there were several underage drinkers in the basement and hiding
about the house. See su lemental re ort in case file. Also, see related ICR's 09802035-2090.
ST. JOSEPH POLICE DEPARTMENT
Follow-Up Report
ICR NUMBER: 09802034
OFFENSE/INCIDENT: Noise Complaint
LOCATION OF OCCURRENCE: 504 Minnesota St E
REPORTING OFFICER: Johnson, Matt 7707 DATE OF REPORT: 11/0112009
On October 30,2009 at approximately 2331 hours, I received a call from a resident in the
500 block of Able Street East, who wished to remain anonymous, of a party going on in the
white duplexes behind her house. In speaking with the complainant, she stated she had been
flashing the lights on the back of their house off and on, attempting to get the attention of the
people at the duplexes, but was unable to do so. She stated she could hear the music, talking and
yelling, and car doors slamming continuously from her residence. I notified Officer Etshokin of
the complaint and we both responded to the area.
As we neared the area, I came from the south, on 5th Avenue, and parked on S`h Avenue,
just south of Minnesota Street. When I exited my squad car, I could hear music coming from
504 Minnesota Street East. I also observed approximately ten people standing the back of the
house talking, and was able to hear them from the road. As I walked toward the house, I heard
them yell "cops" and they took off running to the east. As I approached the house, the music got
louder and I could see that there was some sort of party light downstairs that was flashing in the
basement of the 504 unit. At this time, I observed Officer Etshokin chasing several males and
females that were running to the east. Officer Etshokin did make contact with one of the females
running. At this time, I walked around to the front of the house to ensure Officer Etshokin's
safety and advised I would go to the backdoor, in an attempt to make contact, if he wanted to
stand at the front door. I went to the back of the garage door, where I initially saw the people
standing, and knocked on the door. When I knocked on the door, I could heaz what sounded like
several people whispering loudly and knocking things over in the garage. Eventually I saw a
light come on through the gaps in the frame of the door, and the door then opened. When the
door opened, I saw approximately thirty people in the garage and they were all filtering out the
front door. By the time I entered the garage, several people had also come out of the door that
leads to the house and also ran out the front garage door. When I approached the front garage
door, I advised everyone in there to go downstairs.
At this time, I asked who lived in the house and I was able to identify two of the renters;
MATTHEW RICHARD JACOB BROLSMA, DOB: 06/30/1988, by his Minnesota drivers
license and KELLE TROTTER KARR, DOB: 02/12/1989. In speaking with Brolsma and Karr,
they stated they had a small gathering at their house when all of a sudden a ton of people starting
walking into their house. I explained to them that since they are the renters of the house, that it
was their responsibility to assure that everyone was twenty-one years old if they were going to be
consuming alcohol in the house. Brolsma and Karr agreed to this. I advised them of the
complaint we had received from a backyard neighbor and that she had been flashing her light in
an attempt to get them to quiet down. Brolsma and Karr stated they attempted to kick some
people out and knew that they were standing out in the yard and being uncooperative .and loud. I
asked Brolsma how many people were currently in the house, and he stated he was unsure but
there were several people in the basement. I asked if anyone in the basement was underage and
he stated he thought that they w re. I then asked Brolsma if it was okay if we identified
OFFICER SIGNATURE: DATE:
ST. JOSEPH POLICE DEPARTMENT
Follow-Up Report
everyone at the residence, and he stated that would be fine. A short time later, he told me that he
did not want to let me identify everyone. I then advised Brolsma that I would be standing by,
with other officers, setting a perimeter and that we would attempt to obtain a search warrant and
then would be able to identify the people in the residence. Brolsma and Karr talked and then
agreed it would be okay for us to identify people. Due to the size of the party, there were two
Waite Park Police Officers on scene, Officer Whitehead and Officer Nyhammer. Also assisting
was Officer Janssen.
At this time, we began identifying people, administering preliminary breath tests to them,
and writing administrative citations. During this time, Officer Nyhammer and Officer
Whitehead stood perimeter on the back and side of the house. Officer Whitehead did apprehend
one person who attempted to escape through a window. During the search of the house, several
people were found hiding in closets and under mattresses in bedrooms of the house. We also
found people hiding in the bathtub. A bedroom upstairs had a locked door and the person who
occupies it was not there and so we were unable to gain access. There were approximately eight
to ten people that were identified and at least twenty-one years old, and they were asked to leave
the party. One sixteen year old male was found passed out in a bedroom, and he was transported
to St. Cloud Hospital by Gold Cross Ambulance due to his being unconscious because of his
intoxication level. After writing out over fifty citations for underage consumption, I again spoke
with Brolsma and Karr. I advised both of them that they were in violation of several things,
including contributing alcohol to a minor, disorderly house, and noise violation, to which they
stated they understood. I advised Brolsma and Karr that they would probably be receiving a
citation in the mail, but due to the cooperation, I would review what charges would be filed.
• Portions of the incident recorded on in squad cameras, 701 and 704.
• Brolsma and Karr will be mailed administrative citations for noise violation.
OFFICER SIGNATURE: DATE: ~ d2