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Home My WebLink About1999 [07] Jul 01 {Book 17} I i I I i _,~~f CITY OF ST.. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN56374 St. Joseph City Council (320) 363-7201 I July 1, 1999 FM' 363"0342 . I 7 '00 p.m. .. 1. Call tt or<ier MAYOR 2. Approve Agenda Kenneth J. Hiemenz I 3. 7:00 p.m. - Noise Violation Hearing, Dale Schneider,A13 College Ave N I I.. . CLERKl 4. Apprqve Minutes - June 1, June 7, June 15, 1999 I ADMINISTRATOR I I Rachel Stapleton 5. Consent Agenda a. II· Application for payment #4, Randy Kramer Excavat.ing in the amount of $ 22,242.31. (90th and 9Ist Street Improvement Project) COUNCILORS b. I Outdoor Liquor Permit for a wedding to be held at the La Playette on July Bob.Loso i 16, 1999. Cory Ehlert i W· Wit..... 6. Bills Payable - Overtime and Callouts ¡ <lct!enfUt;f I \ 7. Treasurer's Report I 8. 7:30 J.m. -- City Engineer Reports a.1 A ward bid for the purchase generator( s) and trailer b. I Other matters of Concern. 1 i 9. 7:45 p.m. -Rezoning, Highway 75 Corridor as recommended by the Planning I Commission I 10. 8:00 J.m. - Ben Thelen, 210 Birch. Street East, Lot split request I 11. 8:15 J.m. -Central Minnesota EventsCenterJoint Powers Agreement - Decision I to be made as to the level ofparticipation. 12. Mayor Reports I i 13. CounbilReports I I 14. Clerk{Administrator Reports I 15. Other¡ Matters of Concern .~ 16. Adjofrn ! i I I " " _-ii- CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 , (320) 363-7201 June 15, 1999 I Fax: 363-0342 11ft Mr. Dale Schneider 31164 _115th Street C an · St.Joseph MN 156374 MAYOR Kenneth J.Hiemenz RE: 413 College Avenue North C KI Dear Mr. Schneider: LER ADMINISTRATOR i Rachel Stapleton This letter has been prepared to provide you with notice and information regarding a proposed suspension or revocation of the rental license for the above referenc:ed property. This action is being taken because of an alleged COUNCILORS violation of Ordinance NO.1 02 of the St. Joseph Code of Ordinances. This Bob Loso violation is alleged to have arisen out of an incident on June 13, 1999 ( copy Cory Ehlert enclosed). ~ KKit . i ~le(,lenfuer The st.Josep~ City Council will review these allegations and consider appropriate action, including a suspension or revocation of your rental license, for up to a peri~d of twelve months. The meeting will be conducted on Thursday, July 1, 1999 at17:00 p.m. in the St. Joseph City Hall, 25 - 1 st Avenue Northwest. I i I Atthat 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 violatiqn did in fact occur. If you wish to ~ave an evidentiary hearing .of this type, you must contact the Deputy Clerk . in writing aU east seven days prior to the scheduled Council meeting. If a request for hearing is not received by the Deputy .Clerk éJtleast seven days before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of I .. .. .. . the basic allegation(s) alleged herein and reported by the complaining party. If you waive yqur 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 . ! I I j 1 I I . l' Mr. Dale Schneider . June 15, 1999 Page2 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 willJake whatever action which is deemed appropriate and you will be notified of this action at a later time. /. Sincerely, ~& ú},,¡auú .JU y Weyrens puty Clerk cc: John Scherer Mayor and Members of the City Council Police Chief Bradley Lindgren Police Officer Jean Gustin . ST. JOSEPH POLICE DEPARTMENT CHIEF , Bradley J. Lindgren Box 268,25 N.W. 1st Avenue SERGEANT St. Joseph, Minnesota 56374-0268 Jeff Young (320) 363-8250 Emergency 911 OFFICERS EOUCATIONAL CENTER OF CENTRAL MINNESbTA Brad Meyer I ! T f~)l~?~Y.~ ~:i":} ~u n Øb·...l:3·_·9~:i St. Joseph PoliceDepartment pI'!) Initial Complaint Record Jason Dahl , , I I ~ase Numb~rJ~ __~~001407 D .:1 t.:!¿~ I:;: fi! pOT' t f:~ cI :: 06/13/':;19 keported By, Scbu DUf7.:: Address: 8Ø~ COURTHOUSE DR. P~O.BOX 217 Apt. M: Phon~:~ :j:¡~ 61 E~/E~~:.i 1·..·A::~·l¡0 C:i. tv: ST. CI.LOUD S't:<:lt¡.:;·:: 1"11'.1 Zip CDde~ ~~j (7.' :3 ø ::~ Ð¿;I'nn('!!'' ( '( / 1"·1) :: I'-! Corl,í;:. 1.\'\ i '1"1':1 n-l:.: ~ DOB~ ndd'I'(':?~:>~:> : I Apt. ~~ ~ PhDn(,~ ":: I (". t I ~>t:E«. t:{·:'t ~ Zip Code: D ,:1 n ~I €.~ 'I' ('1'/1',1) :: .".:1. ";)l :: ! 1 . I t D I . t· LOUD P(II~:TY COI'·IP!... I H (-)I~:E('i OF 1'1 COU..EGE. DI~O\.JE BY FI:;:O . nc:l.c en'; . ¡::'·~f>c'l':l.p·;J.on: ! I'~T OF HOUSE AND H~ARD YELLING AI'-!D LOUD LAUGHING CoMIHG FROM ! GARAGE II'-! BACK OF HOUSE.GARAGE HAD I'-!. SIDE WIHDOW OPEH.FII'-!A!... I I LY FOUNDRENTER JERRoD ROGER NELSON 010779.ADVISED LANDLORD I Squ.:\d/B¿;\dq('!¡i "~::.: 77Ø¡~ 77Øi.~ ('idclt~ 1 1~(,!¡pO'l't':E. .. Ye~¡¡. P'l'·Dt¡,:,~c·l;(o':.·d .. N(;:. . ! I ."'Id :Üy: ¥)<:¡ D.:\}' ~ ¡;~UN D.:\t:F! CDI"!'I'¡} :i. t:·t.:~?d : 01'.:./ l3/,},) T:i.n·I€~ C()n)n·l:j.'\::t¡.:.~d: 0f.~ .. 30 ...1 . .. , 1'1 E' ~;¡. ':;¡. .. 1< ('!¡ ';1 I Cont'('·o} ¡···Iumb(·:.·'('· (OC(.:¡) Con't: .. Anency NCIC Ident.. (C(IG) ECl ' i 99ØØ:lAØ7 l'tHO'?:3 :1. :I. 00 I I D .~ '1; ¡::. I:;: ¡::. p (') '1" ft: F' d (¡:;:¡::.:o ) T:i.)'¡(·:? ¡~:~:'·pD'('·tE'd (T¡:(P) Location Grid Number (1...01',1) . .. ...... J'" 0<::../:1. 3~l'}9 I::H? .. 30 .. I I::'} ,:\CE' Comm:i. '\::'t:E·d (PLC) :: I A:l.3 H COLLEGE ! ! i H¡:;~D ~;;qu<:\d.,jÜðd q('" N (BBH) T :i. m ~? f::¡ ~E· \:¡. :i. ~~I.. (T (.:¡ ::; ) T i rH!.' :i'('·'('·. (H:¡I:;~) T :i.IYlE· C} '("'.. <TCL) F;~ r /I'Ø4 Øi? .. 30 0E~ .. ~sø ØA .. ØO .. I i I I ~;; H U 0 C , U C ß , Ø:I. (:·:);':'~~.:.;Œi ~) i I ! I I i I I . i I i I ! I POLlèE DEPARTMENT· . BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE' . ST. JOSEPH, MINNESOTA 56374-0268 1 (612) 363-8250 EMERGENCY 911 1 DATE,' - {~ - :r To'~~1 .s · ~~M2e~ , FROM: CHIEF LINDGREN SUBJECT: NO!SE ORDINANCE VIOLATION AS PER ST JOSEPH CITY ORDINANCE #102 (~OISE ORDINANCE), PLEASE BE ADVISED THAT YOU ARE HEREBY GIVEN NOTICE OF A NOISE . VIOLATION THAT OCCURRED AT THE PLACE, TIME, AND DATE LISTED BELOW. PLEASE FIND ENCLOSED A COpy OF THE AFOREMENTIONED ORDINANCE, RESOLUTION REGARDING ENFORCEMENT OF HOUSING REGULATIONS, AS WELL AS A COpy OF THE ST JOSEPH POLICE DEPARTMENT REPORT RELATIVE TO SAID VIOLATION. DATE OF VIOLATION Ç;, - (3 -9-9- . TIME OF VIOLATION O?-36 PLACE OF VIOLATION 4 /3 IJ, w!I:.5~ SINCERELY, ~ =:S: . ADLEH:-í:ÍNDGREN CHIEF OF POLICE ST JOSEPH POLICE DEPARTMENT . ~ I.".' ~ , , , 605 Franklin. Avenue NE, P.O. Box 51, St. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX architecture . engineering . environmental . transportation . June 24, 1999 RE: St. Joseph, Minnesota 1998/1999 90th & 91 st Avenue Improve SEHNo. A-STJOE 9902.00 I I I Honor, ble Mayor and CitYiCouncil c/o Ju y Weyrens 1 Acting Clerk ] City 0 I St. Joseph i 21 N I First Avenue I P.O. Box 668 St. Joth, MN 56374-066$ . Dear Mayor an<l Members if the Counçil: Enclold please find APPlittíon for Payment No.4 and a CostSplit for this project. We haC reviewed this application aJ)d it appears to he in order. When payment is ma<le, sign all I copies and distribute as follows: I I R ndy Kramer Excavahng, Inc. I S : H.RCM I I C ty of St. Joseph ! ¡ I i If you have any questions,pleaseJeel free to call us. I i Sincer ly, , I I ~t~ 'ŒY rneer¡ d' I Jg i Encloures I . Wlstjoe\990, Ispecslapl-o.wpd : I ! Short Elliott Hendr ckson Inc. . I Offices located throughout the upper Midwest . Equal Opportunity Employer 1 I'Ve help you plan, design, and achieve. I Ii -SeI:tCIII 605 Franklin Avenue NE. P.O. Box 51, 51. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX II r('h itel'l II re . engineering . environmental . transportation . Owner Contractor SEH , ,PPLlCATION FOR PAYMENT NO.4 CONTRACT FOR; 1998/1999 90th & 91stAve Impr i )ROJECT NO. A-ST JOE 9902.00 I . - -j AGREEMENT DATE: WNER: Cio/ ofSI. Joseph, MN i 11105/98 ~ONTRACTOR: R~ndyKramer Excavating, Inc. i FOR WORK ACCOMPLISHED THROUGH: 06/24/99 ±U~E i CONTAACT ~::,:~- __ºESgRIPDON I U~IT -, ,~N'I..c,Q§T aUANTITY THIS STATEMENT AMOUNT OUANTITY AMOUNT 1 CLEARING & G, UBBING ' EACH $50:00 1.00 $50.00 2.00 $100.00 2 REMOVE & REINSTALL WOOD FENCE ' LlN FT $1.00 20.00 $20.00 $0.00 . 3 REMOVE & REINSTALL RAILROAD TIES ! LlN FT $1.00 120.00 $120.00 120.00 $120.00 . - - I 4 REMOVE BITUMINOUS PAVEMENT SO YD $0.80 4,100.00 $3,280.00 4,832.00 $3,865.60 5 REMOVE CONCRETE DRIVEWAY SO YD $4.00 35.00 $140.00 167.00 $668.00 I 6 SALVAGE CULVERT EACH $25.00 6.00 $150.00 6.00 $150.00 7 REINSTALL CULVERT EACH $75.00 6.00 $450.00 6.00 $450.00 8 COMMON EXC~VATION (PO) CU YD $2.00 400.00 $800.00 1,610.00 $3,220.00 9 TOPSOIL BORl CNV (LV) ] CU YD $6"SO 1.450.00 $9,425.00 594.00 $3,861.00 I -TREET , 10 AGGREGATE ASE CLASS 5 (PO) i CU YD $12.00 650.00 $7,800.00 650.00 $7,800.00 11 TYPE 41A WEJ}RING COURSE MIXTURE ! TON $25.70 260.00 $6,682.00 $0.00 12 TYPE 31B BASE COURSE MIXTURE. I TON $24.00 360.00 $8,640.00 380.00 $9,120.00 . BITUMINOUS MATERIAL FOR TACK COA~ GAL $1.15 190.00 $218.50 $0.00 TEMpORARY tlTUMINOUS WINTER PAT1H SO YD $9.00 200.00 $1,800.00 200.00 $1,800.00 15 PATCH BITUM NOUS PAVEMENT! SO YD $10.36 200.00 $2,072.00 291.00 $3,014.76 16 BITUMINOUS rVEWAY , sa YO $7.55 450.00 $3,397.50 861.00 $6,500.55 17 6" CONCRETE DRIVEWAY PAVEMENT ¡ SO YD $49.00 32.00 $1,568.00 52.20 $2,557.80 SANITARY SEWER & ~ATER MAIN ¡ 18 12" CM PIPE qULVERT i LlN FT $12.10 40.00 $484.00 $0.00 19 12" CM PIPE~PRON EACH $230.98 4.00 $923.92 $0.00 20 10" X 6" PVC IfI(YE EACH $77.22 3.00 $231.66 3.00 $231.66 21 8" X 6" PVC WYE EACH $49.62 2.00 $99.24 2.00 $99.24 22 8" X 4" PVC WE EACH $53.36 16.00 $853.76 12.00 $640.32 23 10" PVC PIPE þEWER, SDR 35 LlN FT $16.74 330.00 $5,524.20 360.00 $6,026.40 24 8" PVC PIPE 9EWER, SDR35 LlN FT $8.68 1,130.00 $9,808.40 1,130.00 $9,808.40 25 6" PVC PIPE ~EWER, SDR35 LlN FT $7.01 100.00 $701.00 100.00 $701.00 26 4" PVC PIPE EWER, SDR 35 I LlN FT $5.49 455.00 $2,497.95 476.00 $2,613.24 27 8" PVC PIPE SEWER, C900 ! LlN FT $10.16 250.00 $2,540.00 395.00 $4,013.20 28 CONNECT TJ EXI$TINGSANITARYSEW~R EACH $265.36 3.00 $796.08 3.00 $796.08 29 CONSTRUCT ,MANHOLES DES 4007; LlN FT $128.83 55.31 $7,125.59 55.31 $7,125.59 30 CASTING AS~EMBLY R-1733 ! EACH $250.00 2.00 $500.00 2.00 $500.00 31 CASTING AS9EMBL Y R-1733 WI SELF-S~ALlNG LID EACH $250.00 3.00 $750.00 3.00 $750.00 32 ADJUST FRJE & RING CASTING i EACH $125.00 1.00 $125.00 1.00 $125.00 33 CONNECTTr'STI~~ WATER MAIN l EACH $30000 3.00 $900.00 3.00 $900.00 34 HYDRANT 1 EACH $1,538.91 4.00 $6,155.64 4.00 $6,155.64 35 1" CORPORA ION STOP i EACH $43.58 25.00 $1,089.50 25.00 $1,089.50 36 1" CURB STO AND BOX ! EACH $99.77 25.00 $2,494.25 25.00 $2,494.25 37 1" TYPE K CiPPER PIPE ' LlN FT $5.24 600.00 $3,144.00 586.00 $3,070.64 38 1" TYPE K carPER PIPE (BORED) LlN FT $8.86 300.00 $2,658.00 300.00 $2,658.00 . 12"BUTTERF Y VALVE AND BOX EACH $1,092.19 2.00 $2,184.38 2.00 $2,184.38 8" GATE VALVE AND BOX EACH $689.59 2.00 $1,379.18 4.00 $2,758.36 41 6" GATE VALl" AND BOX EACH $533.21 9"00 $4,798.89 8.00 $4,265.68 Short Elliott Hend ickson Inc. . Offices located thrQughout the upper Midwest . Equal Opportunity Employer-, I Wi: helfi YOII filan.1lesign, and achieve. I : , . 0 . ! . Owner I Contractor i SEHI APPLICATION FOR PTMENTNO. 4 CONTRACT FOR: 1998/1999 90th & '91 st Ave Impr PROJECT NO. A-ST JOE 9902.00 OWNER: ~ity of St. Joseph, MN I AGREEMENT DATE: 11/05/98 CONTRACTOR: ~andy Kramer Excavating, InF' FOR WORK ACCOMPLISHED THROUGH: 06/24/99 CONTRACT THIS STATEMENT ITEM DESCRIPTION ., UNIT UNIT COST' QUANTITY AMOUNT QUANTITY AMOUNT .. __h..' _ ----·······--····-1-·----'----'·-----------------·· ,-,--.---- .. 42 12" WA TER ~AIN - DUCT IRON CL 50 . LlN FT $20.32 400.00 $8;128.00 400.00 $8,128.00 43 8" WATER MAIN· DUCT IRON CL 52 ' LlN FT $14.45 1,250.00 $18,062.50 1,174.00 $16,964.30 446"WATERM/ÜN-DUCTIRONCL52 LlNFT $11.69 1,175.00 $13,735.75 1,135.00 $13,268.15 45 WATERMAIN\FITTINGS POUND $2.00 1,450.00 $2,900.00 1,464.00 $2,928.00 MISCELLANEOS ITEM' 46 SEEDING ~ ACRE $2,300.00 0.70 $1,610.00 $0.00 47 SODDING TY E A-LAWN SQ YD $1.90 6,800.00 $12,920.00 $0.00 i OTALlTEMS BID $161,733.89 $143,522.74 EXTRA WORK I A REMOVE 26 F SDR35 PIPE & REPLACEW/C-900 PIPE LS $307.38 1.00 $307.38 1.00 $307.38 B PLUG & RELCATE WYE I LS $214.97 1.00 $214.97 1.00 $214.97 C CONNECT T EXISTING WM ON LYNX RD LS $1,075.25 1.00 $1,075.25 1.00 $1,075.25 OTAL EXTRA WORK , $1,597.60 $1,597.60 i, . T'o,ãfëOiïtraêt-ÄïTïõUnt $161,733.89 Extra Work $1,597.60 Revised Contract Amount $163,331.49 I, '. . \ ¡he undersigned Contractor ~ertifjes that all Gross Amount Due $145,120.34 previous payments received from the Owner for Less Retainage (5%) $7,256.02 10rk done under this contract) have been applied tl' discharge in full all obligations of the Amount Due to Date $137,864.32 (];ontractor incurred in connection with the work Less Previous Payments $115,622.01 dovered by said progress payments. B,k;"¡¡ž--zoootD", LNDYKRAMEREXC~' INC.! $22,242.31 SUBMITTED: Date: c-7I-9¡ i RECOMMENDED: HORT ELLIOTT HENDRICKSON INC. ~~ Date: &/21 f9 9 APPROVED: ITY OF ST. JOSEPH, MN i Date: , , I , I i . I i 2 i I I I unOffic1ial . pursua~t to due call and notic~ thereof, the City Council for the City of St. Joseph met in special session on ThUrday,JUne 1, 1999 at ¡:30 p.m. in the 81. Joseph City Hall. Members Present: Mayor Ke~neth J. Hiemenz,' Councilors Ken Twit, Bob Loso, Cory' Ehlert, Mary Niedeniuer. Deputy Clerk JUd( weyrens.. , ," . The pur¡pose of the meeting wps to continue reviewing the Employee Personnel Manual. The Council discussed the following: I . . , 0 Excessive Absenteeism - One unapproved absence in a 180 day period is not acceptable and shall come uDder question. 0 Recognized HOlidays - The employee's individual Birthday will be eliminated and the day after Thanksgiving will be added... The Council also discussed the holiday of Good Friday and if the holidayshoµld be reduced to four hours. The Personnel Committee agreed to discuss this matter with th'eemployees. I 0 Holiday Compen~ation -An employee required to work a holiday shall be paid aLa rate one and one half timejonly after the employee has completed the forty hour work week as defined in this policy man~al. I 0 Vacation - Vacation time is based on the employee's anniversary date and shall be accrued each pay period.iThe amount of accrual will vary and is based on the vacation schedule illustrated in. this manual. I , 0 Vacation accumu'ation - No more than eighty hours of vacation may be carried over through an employee's a~niversary date. . , 0 Vacation - All erpployees during a twelve month period shall be required to use five vacation days consecutively. ! The Crncilagrèedto cOntintthe reviewolthe Personnel policy Manual Qn June 23.1999 at 7:30 p.m. Ad'our ,: Twit made a motionl to adjourn at 9:30 p.m.; seconded by Loso. Ayes: Hiemenz,Twit, Loso, Niedenfuer, Ehlert Nays: None. I Motion Carried 5:0:0 I , i Judy Weyrens ! Deputy Clerk ¡" I I , i , I , , , I 1 i I . j j 1 I i j · :7td G Ænoø tfdwÞ~~ ota ~ CMZd ~ øi:(/ øtd' ~ ,!)A~~~~~ ~~~~. W~~. .ptU. .~ , I , · (~~) -.:1M- &~ 9H~ .1titlUJf · j i . · To Whom It May Concern: ! In observing the S.t . Joseph City Council meeting on Channel 3 on Saturday, June 19th regarding student house parties and the end of the ~ear riot on. College Avenue. ' . w{SYmpathizew~th those residents who live hear the college re tal units. We also live near the college and ,have experi- en¡ced the follo~ing incidents a few ,years ago. I. . 1 10 . th e. . lone mormng !l1ght globe from our lamppostm the front ya' d was missing. After inquiring someone told us to check with St. Benedidts and st. John's security to watch for it. We proceeded to callSt. Benedictsecur ity and to our sur- prise were toldlthat security had found it on their property. Securi ty re1ußrnidi t to us and appologized.. , 2. ) Then a month later a party was goIng on across the street ~out 12:30 A.M~ there began loud noiseS and lots of yelling. We got out of bed and watched without turning on any lights. wel noticed some imale students crossing the street heading directly toward jour lamp post. So as they got closer to the post our though~ was' here goes our lamp globe again'. We tmlrned on the ligijt and found them uriilating agailnstthepost. They, however, quickly scattered. · 3· ) Before the ¡ end of the . school :¡Year, there was another big p~rty. We arrived home that evening at about 11:30 P.M. and n9ticed several I students trying to steal the ,street sign at th1e corner. We i called the police chief {>who is now retired) a~d watched as ~eand two other police vehicles arrived to cieck on the inqidence.fhe next morningtMchieflle.lle<l us to thank us ~or reporting the theft. W e were told that th1ey found a total of five signs at this house which were st'olen - 2 of which were STOP SIGNS. T~ese are serioJs offenses and everyone at the party were s~udents from t~e two colleges who as adults shouæd certainly kJOW' better. ¡ M¡aybe part· of their orientation or training WBould be how to r~spect other people, their prop~rty and what damage too m~ch drinking will do to:themselvesand others. Would a 1100 a.m. curfe~be hel~ful or close, the bars/at midnightg s1 everyone canlgo home. ~ .You should be there to see it. SOMETHING NEEDSITO BE DOHE~~~ · cc. Màyor & Councilmembers Pres. Coll~ge of St. Benedict Pres. St. John's lLniversity i , ¡ I · Form No. 20291QUIT CLAIM DEED Total consideration for this transfer of property , is less than $500. , i STATE DEED TAXIDUE HEREON: $ 1.65 ¡ Date: May I 1999 , FOR VALUABLE qONSIDERATION, Marlin & Betty Eich, Husband & Wife , Grantor(s) (marital statuskn hereby convey(s) artd quitclaim(s) to Benedict M. & Joyce E. 'Thelen, Hus d & Wife ¡ ,Grantee(s), , Stearns County, Minnesota, described as follows: as joint tenants, re~ property in , East 1/2 o~ vacated alley adjacant to Lots 17 and 18, Blk 3 Loso I s 5th Add. Said tract being conveyed for the purpose of attachment to a contiguous lot, to wit; Lot I s 9 & 10 Blk 3, 1& the W 1/2 of vacated alley adjacant to said lots. , less the West 95.50 I thereof. r and which tract hereafter shall not be considered a separate tract, lot , parcel or Isubdivision of land for purpose of conveyance, but rather a part of the lot or tract to V{hich it is being attached, unless said tract shall become a part of a duly re- corded pl9't. I (if more space is needed, continue OIl back) together with all heteditaments and appurtenances belonging thereto, subject to the following exceptions: · Seller st~tes there are no wells on thi~ :~~ll' i)' cf-I ~ /(/! {)~¿,£ ,v---Jt ' I Mar 1 in Eich i , ¡ I Ezkt+ (,~~h AffIx Dbed Tax Stamp Here I , I , I , Betty Ei . STATE OF MlNJ'fESOTA i ss. I i Stearns Ai; COUNTY OF I I The foregoinJ instrument was acknowledged before me this i3 / day of M~y 1999 , , by Marlin Eich & Betty Eirh ~l~~nð ~ WifQ , Grantor(s). , I NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ~ ~.J-~ ( A TURE OF PERSON T AKlNG ACKNOWLEDGMENT ElIZABEJ'H E. FISH ER Tax Stateme 1 for the real ~~rty described in this instlUInent should NOTNlYflBl>MlNNESOTA be sent to (Include name an dress of Grantee): _COUNTY MyCl.. -. ~Jan.31,~co Ben & Joyce 'Thelen 210 Birch St E. P. O. Box 623 IS DRAFfED BY (NAME AND ADDRESS): St Joseph, MN 56374 Ben Box 151 MN 56369 :Þ t"'I t-d 1-3 ~ 1-3 II (D Ó~COO~~ 0 0 :Þ~t"'It"'It-dOO()Q b:JCO 00 1;:;:I:001-'(DP' 'OHCIl'O ......0 CI;:; 01 :3: C...dz1 ~ cT P' 0 I-' Z(DI:tj(DCD::S() oÞol-'()) CIl f-'. ......:J ." i:/ '. .H> ::dOO'-.cTcT O'i 'i 0'-.0 f-q]1 I-' I;:; CD CIl ()) b:J tr:! b:J '-.1;:; cTl;:; oop.. CON 'i'O CO II OCOI-' 1-3(D G:I~ f-"()I;:;O (D CO())Z........ 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(D '-0 0 tr:! :Þ :Þ1-'-b:J1-3 :I:t:! cT CIl }-I t-dcotr:!!JJ tz:JH Z ::T 0 cT :þ()lZ~ 0 (D 'i CD o 01 tr:! '0 c....¡~ 'i 0 'i :I: I;:; !JJ C ~ ~. tr:! :E: H '<: Z:3: !JJ OCD 0 cT c....¡oo~'i ~~ :3: (D CO H 0 .ZC:3: oc....¡ 'i 01-3 ZO~ CD ~:I:\<O :Þ~~ 0 :3: Htr:! ()) O:Þ O::O~,þ. N tz:J'O '-... p..p.. ZZOCO !JJ 0 .-0 p.. t-<:o tr:!'<: co 'i :ÞOOON OJ (D '-... (D Nt-dtr:!......:J ()l1-3'i CO CIl ::x> N::r:'-... CO CIl Otr:! Ntr:!t""1 :þ(D OJtz:J o t"'I (D o CIl 01 ~ I tr:! ()Q ........t-d ct .-0 N........::r: -:¡Z!JJH ú)!JJ ...... Nú)tr:! ú) }-I~ ..()Q o Z OOt""1 ,þ. H.g OCD ~ I tr:! 0 ........ .-0 -:¡ Z ~ f-" . .. W H¡'i 0 ,þ. OO~ NI-'- 0 .'* res~earch city officials 36903 : Revised, March 1999 .' i '~,,\ iì iì ~ . Revised by: Theresia Perry, Research Specialist League of Minnesota Cities , . 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'. ,'" "",i.;', ,:"," :, . , ,,'. . , .¡ " ""'," , , . .:::.:;::.:: " \ , " ~ '" 1 . .' '.' , ", ~ .", , . .,'. '.;'.." ~, ! . Recommendn~ed~d, ~rdinancesand~es~Iutions. . .."., . " '.".; : , ,', , . ,,,;.... , .,;..... "'. ;'.. :'" ,o". ,,' , . .'. . ''''. . ',:.,,;. 00 I '.', . ·.i',;· ,.,.' ":,:;, :i.:·':::' " /..'::.,: ,',:,:',.1'" '¡. ,,:...., :. ,.". . ;', ' ¡ . ;' Advise c()uIlcil a~,t~city fi~a.nces and, prepare budget. . .. :.' ,',. . . ." i "'·i', "', . " ":' ..' . . ',..,.". ',..j, .,·.cO' , .; _ " . ",'.... . ,..... Act as chle{ I>~rqha~mg agent for som~contracts.· ., '..' . :'.J "':';,.: .".":~'''';.'''¡'''':', '...'" ...". . ,.........;'.,,:: , ...;.. . . i...' ',...' : . '" '" " , ' ., .'" ~,:.:.:,\,:..:,".",~: ~:,:;'·::....'2_~L.: ···'L. ,.,'." ,"" ,.'. ',... . .,.' ::. ..J?r~Péif~. a4tnlmstr~tive code If cou~clI requests It. .,' ., " :....... ,.. ';,; ., . i " "': i' i,~i,:'''''''' ''',,'.. ...\",' :;":,,';" "...:..' 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Introduction , , , Regardless of how a city's government is organized (under statute or þomerule charter), the council has to makeimportant decisions ¿¡bout ho\Vit will distribute responsibilities to a variety of offices. [The challenge in struéturing any government is to achieve the ~ppropriate, balance between the' elected leadership (democratic representation) and professiqnal management. íThis memo discusses the . similarities and differences between the bty clerk, city administrator, and city manager positions. In addition, 'it outlines the duties and responsibilities of each position. and ¡describes thediff~rent forms of government under which these positions, may exist. 1 iPart II. Types of cities 1 , ¡There are two basic types of cities, in Minnesota: statutory cities and ¡home rule charter cities. The following types of statutory cities exist lin, Minnesota: I Standard plan statutory cities. This type of city has a council Ii. r+ that consists of a mayor, an elected city clerk, and three (or five). councilmembers. The city operates with the common weak mayor-council. The treasurer is·also an elected office but is not a member of the council. ¡+ Plan A statutory cities. This type of city also operates with a weak mayor-council. The council consists of a mayor and four (or six) councilmembers. Both the clerk and the treasurer are appointed offices and neither is a member. of the council. !+ PlanB statutory cities. This type of city operates under the council-manager plan. The councilconsists oía mayor and four (or six) councilmembers, and the council appoints a city manager who·is.responsible for managing the city staff. Like i the standard plan and Plan A statutory cities, this city also operates with a weak mayor-council. I Most statutory cities in Minnesota have weak mayor-councils. This I means the mayor's powers are. no greater than any. other member of I the council, except for presiding at council meetings and certain other ! minor duties.. Likewise, individual councilmembers have no power . I, by themselves. Instead, ,the council as a whole retains ultimate i , CiIYin.".... 9 I administrative as well as legislative responsibility and authority, . except where an independent board (such as a utilities commission) has one or more specific functions. In addition to statutory cities, there are home rule charter cities. These cities have the freedom to design their own government and definéthe powers of their elected and appointed staff by adopting a city charter. These cities should check their charters for details regarding how their government operates. A. Standard plan cities Minn. Stat. §§ 412.02, The standard plan statutory city has a city council that consists of the subd. 1 and 412.191, subd. elected mayor, an elected city clerk, and three (sometimes five) 1 elected councilmembers. The treasurer is also an elected position, but is not a member of the council. In some cities, the clerk and treasurer positions may be combined into one elected position. There are 130 standard plan cities in Minnesota. Minn. Stat. § 412.572, In 1967, all standard plan cities were required to assume the Plan A subd.l fonn by Jan. 1, 1970, unless the voters rejected Plan A between May 4, 1967, and Jan. 1, 1970. Minn. Stat. § 412.571, Cities operating under Plan A or Plan B may choose to revert to the . subd. 4 and 5 standard plan if the voters approve of it at an election. Minn. Stat. §§ 412.571, Standard plan cities may abandon the standard plan fonn only by subd. 4 and 5 and 410.01- .33 going to another fonn of city government: Plan A, Plan B, or by adopting a home rule charter. B. Plan A cities Minn. Stat. § 412.581 The Plan A city council' consists of the elected mayor and four (sometimes six) elected councilmembers. The city clerk and treasurer are appointed offices and neither is a member of the council. In some cities, the clerk and treasurer position may be combined into, one appointed position. Like standard plan cities, all Plan A statutory cities operate with weak mayor-councils. Plan A statutory cities are the most common type of city found in Minnesota. Of the 853 cities in Minnesota, 600 are Plan A. In order to become a Plan A city, the voters must approve the change at an election. The council may decide on its own to hold an election on this question. An election must be held if a valid petition is . submitted asking that the question be put to the voters. In order to be valid, the petition must meet BOTH of the following criteria: 10 League of Minnesota Citi~s . Minn. S t. § 412.551, I. The petition must be signed by registered voters. subd. 1 I I Minn. S t. § 412.551, :. The petition must have signatures equal to 15 percent of the subd. 1 number of people who voted in the last city election. , 'If the city'is currently a Plan B city, the question on changing to Plan !A cannot occur unless the city has been a Plan B city for at least 'three years. The special election can only address one change in the :form of government. As such, voters cannot be given the choice of ¡voting for one or the other plan. 1 i Minn. Stat. § 412.571, ¡When Plan A is approved by the voters of a standard plan city, the subd. 2 Jincumbent clerk and treasurer continue to serve until the end of their ]respective terms. , Minn. Stat. § 412.541, ¡PlanA cities may choose to abandon the plan by reverting to the subd. 4 ¡standard plan or adopting Plan B. Likewise, PlanA could be i abandoned by, the voters approving of the '. adoption of a home rule , ¡charter. c. Plan B cities . Minn. tat. § 412.631 ¡This form, of government is called the council-manager plan. It ! consists of the elected mayor, four (sometimes six) elected Icouncilmembers, and an appointed city manager. All 16 Plan B ¡ statutory cities in Minnesota operate with a weak mayor-council. See Part V for discussion i Although the council retains its legislative. authority" other of man 1 gers powers and duties. ¡responsibilities (such as hiring. and ftring city employees) is removed I from the council and given to the manager. The council's control I over thes~ matters is indirect, through its selection and retention of a ¡manager. Many of Minnesota's 107 home rule charter cities have I also adopted the council-manager plan under their city charters. Minn. 1 tat. §§ 412.541, I I Any statutory city with a population over 1,000 may adopt the Plan subd. 2 and 412.551, subd. 1 I B (council-manager) form of government. This change of igovernmentmust be approved bya majority of voters at a special i I . 1 e ectlOn. . , ¡,The council may choose to hold thee1ection on its own. If a ,valid i petition is received, however, the"council must hold an election on ¡ the. question of whether to adopt this form of government. In order to I be valid, the petition must meet the following criteria: Minn.{tat. § 412.551, !. The petition must be signed by registered voters. subd. . , Minn. tat. § 412.551, , The petition must have signatures equal to ·15 percent. of the subd. ¡t number of people who voted in the last city election. City Admininstrator ,n I ¡ Minn. Stat. § 412.551, If the city is currently a Plan A city, the question on changing to . subd. 1 Plan B cannot occur unless the city has been a Plan A city for at least three years. Additionally, the special election can only address one change in the fonn of government-voters cannot be given an option of voting for Plan A or Plan B at the same election. Minn. Stat. § 412.551, If a majority of the votes cast approve of the adoption of Plan B, subd.3 the fonn of government is considered adopted. Minn. Stat. § 412.551, A Plan B city may abandon its council-manager fonn of government subd.3 and revert to being a standard plan city or change to being a Plan A city. This change must be approved by a majority of the voters and cannot be presented at an election unless the plan has been in existence for a minimum of three years. Likewise, a city can abandon Plan B by choosing to adopt a city charter and, become a home rule charter city. D. Home rule charter cities Cities with home rule charters have the freedom to design their own fonn of government. Generally, charter adoptions and amendments must be approved by a majority of voters at an election. Since this process is not within the scope of this document, it will notbe . described in detail. Contact the League for further infonnationabout city charters. See the League research In some cases, a charter city's fonn of government may be similar memo, Charter and Election DaJafor to one of the previously discussed fonns of city government. There Minnesota Cities (LMC are 107 home rule charter cities in Minnesota. Of these cities, 30 390e.l ) have adopted the council-manager fonn of government and 77 are mayor-council cities. Of the 77 mayor-council cities, approximately 73 have weak mayor-councils. Only four of these 77 cities have strong mayor-councils, where the mayor has special powers as' an individual to make some decisions. Under this system, the mayor is responsible to the council for the operation of administrative agencies in the city. The four home rule charter Minnesota cities that operate with strong mayor-councils are: · St. Paul · Duluth · St. Cloud · N orthfield Cities with home rule charters should check their city charters for . details regarding their local governments. 12 League of Minnesota Citi<;s i . i Part III. City clerk !The office of city clerk is one of the oldest and most important Ipositions in city government. The duties of the city clerk may vary 'depending upon the city's form of government, the city's size, and 'the various types of services it offers to its residents. ! , FroDl ~istoryof the ¡"The early keepers of archives were often called 'Remembran- Municinal Clerk, tcers,' and before writing came into use; their memory served as the International Institute of Municipal Clerks, phone public record. In England during t272A.D,the 'Remembrancer' (909) 592·IIMC. ¡was called upon to remind the members of the council whathad ¡transpired at their previous meeting, since the meeting of early 'councils Were not recorded in written minutes." Fromistory of the 1"AncientGreecehada secretary who read official documents Munici/(.al Clerk, International Institute of ¡publicly. At the opening of a meeting, one of (the) first duties was MDflWrC-. 'buM 1to decree a curse upon anyone who should seek to deceive the (909) 5 2·IIMC. ¡public." Holy BIble, Acts 19:32-41 IThe city clerk position is also mentioned in the Bible. When a mob I seized two of Paul's followers, the city clerk quieted the crowd and ¡ cautioned them to do nothing and let any charges against the two . !people be handled in a lawfulassembly. After warning the mob 1 ! that the city was' in danger of being called into question for the i incident because it had no reason to give for the disorderly ! gathering, the clerk dismissed the assembly. From /fistory of the I "The title 'clerk' as we know it developed from the Latin clericus. Municifal Clerk, ! During the Middle Ages, when scholarship and'writing were International Institute of Munictpal Clerks, phone i limited to the clergy, clerk came to mean a scholar-~especially one (909)rMC. i.who could read, write, ,and thus serve as notary, secretary, ! accountant, and recorder." i , From /fistory of the i "When the early colonists came to America, they setup forms of MuniciF Clerk, International Institute of ! local government to which they had been accustomed, and the Municipal Clerks, phone I office of clerk was oneof the first to be established. The person (909) 592-IIMC. I appointed as recorder kept all the· vital records for birth, marriages, !anddeaths, as well as various other records of appointments, ¡deeds, meetings, and the election of officers." i A. Types of city clerks ¡ iThereare basically three types of city clerk offices in Minnesota i cities: elected clerk offices, appointed clerk offices, and home rule . I charter clerk ,offices. Each type of position has different I' responsibilities, depending upon the type, of city. I I I Cily1"""'-- 13 1. Elected clerksfStandard plan cities . Minn., Stat. §§ 412.151, The elected city clerk position only exists in standard plan cities, 412.02, subd.l although it can also exist in a home rule charter city if the city charter so provides (charter cities should see their charters for details). This section deals only with clerks of standard plan cities. The city clerk position is required in a standard plan statútory city. The tenn of the elected clerk's office is four years. In the standard plan city the clerk is also a member of the city council. The. duties of the clerk are discussed in a later section. MiIlII. Stat. § 4112.02, When a vacancy occurs in the elected clerk's office, it is :filled by subd. 2a. See Part IIl-C-l- council appointment in the same manner as any other council a of this document. vacancy. This process is discussed in detail in a later section of this memo. Because this is an elected office, the clerk must be a resident of the city in order to qualify for the office. This requirement also holds true for persons who are appointed to this office to fill a vacancy. 2. Appointed clerks Minn. Stat. § 412.591 The city clerk office exists in Plan A cities and some Plan B cities, but is an appointed rather than elected office. It is often combined . with other positions to create positions such as the clerk-treasurer, or clerk-administrator positions. Since these positions are filled by the council hiring an individual to serve in the role of clerk, the clerk's tenn is indefmite. In short, the clerk may be removed by the council or kept on for many years. Minn. Stat. § 412.681 State statute provides that the Plan B city clerk position may also exist at the same time as the city manager position. Minn. Stat. §415.16 The appointed city clerk need not be a resident of the city because the position is not an elected office. Further, state statutes prohibit a city from requiring that the city clerk live within the city limits. 3. Home rule charter cities The city clerk in a home rule charter city may be appointed or elected, depending upon the city's charter provisions. Home rule charter cities should check their city charters for details regarding their city clerks. . 14 League of Minnesota Citi<¡s . I I B. Powers and duties j ¡The duties of a city clerkvary depending upon the type of city. i , ,I. Elected clerkslStandard Plan cities Minn. Stat. § 412.151, ¡Standard plan (elected) city clerks have the, following duties: subd. 1 i· Give notice of each regular and ,special meeting. i 1 Record the proceedings of each regular and special meeting. '. ! ¡. Notify officials of their election or appointment to office. ]. Certify to county auditor all appointments and results of city ¡ elections. '. Keep a minute book. , 1 Keep an ordinance book. 1. i. Act as clerk and bookkeeper of the city. . !. Be custodian of city's seal and records. Sign official city papers. i. ¡ ¡ Post and publish such notices, ordinances, and resolutions as I· may be required. , i+ Perform such other duties as may be imposed by the council. 1 l I. Be a participating member of the council. i , Minn. tat. § 424A.04, ¡A city clerk may have additional duties, depending upon the subd.1 I specifics of ,the city. For example, if the city has a volunteer fire ! department, the clerk mustserve as an ex-officio member.on the i board of trustees for the firefighters' relief association. i Although not specifically provided for by state statute, city clerks : also often serve as public information officers, providing information i to residents and answering inquiries regarding the city. 2. Appointed clerks ¡ Appointed city clerk positions are found in Plan A and Plan B cities. i The duties differ slightly depending upon the type of city. . I , 1 I ! C;ty AT.'"'''' 15 a. Plan A cities . Minn. Stat. § 412.591, The clerk in a Plan A city must perfonn all the duties of a standard subd. 1 plan city clerk except that the clerk does not serve on the council. b. Plan B cities Minn. Stat. § 412.681 The clerk in a Plan B city is responsible for the following: · Keeping public records. · Custody and disbursement of public funds. · The general administration of the city's affairs as ordained by the council. Minn. Stat. § 412.681 In addition to the above duties, the clerk may be designated to act as secretary to the council. Minn. Stat. § 424A.04, Acity clerk may have additional duties, depending upon other subd. 1 factors. For example, if the city has a volunteer fire department, the clerk serves as an ex-officio member on the board of trustees for the firefighters' relief association. 3. Home rule charter cities . The role of a city clerk in a home,rule charter city will depend upon the provisions that exist in the city's charter. Home rule charter cities should check their charters to detennine whether there is such an office in their city, and if the office is appointed or elected. 4. Other duties delegated to or from clerks Specific statutes allow the council to delegate a variety of other duties to or from statutory city clerks. a. Bookkeeping duties Minn. Stat. § 412.151, The council may delegate all or part of the clerk's bookkeeping subd.2 duties to another officer or employee. This must be done by passing an ordinance. A copy of the ordinance must also be sent to the state auditor. The officer or employee to whom the responsibilities are given must furnish a fidelity bond conditioned for the faithful exercise of the duties. If the bookkeeping duties are delegated to the treasurer, the city must have an annual audit. b. Deputy clerk Minn. Stat. § 412.151, The city clerk may appoint a deputy clerk with the consent of the . subd. 1 counciL The clerk,however, is responsible for the acts of the deputy 16 League of Minnesota Citie,s . dlerk.ln case of the clerk's absence from the city or disability, the qouncil may appoint a deputy clerk, if there isn't one, to serve during tþe absence or disability. The deputy clerkmay discharge any of the clerk's duties exceptthat he or she can't be a member of the city Gouncil. ¡ c. Treasurer's duties Minn, S t. §§ 412.02; The counciL can combine the offices of clerk and treasurer into a .591, sub . 3; .551 combined 'clerk-treasurer position. This is done by ordinance. If done ir a.standard,pl'¥l city (where both the clerk and. the treasurer are elected), the ordinance must be adopted at least 60days before the city's next general election. The ordinance can't take effect until after the expiration of the treasurer's tenn or when an earlier vacancy occurs. ¡ Minn. St~t. §§ 412.02, There are special audit requirements for cities that have combined subd. 3 and 412.591, subd. tIerk-treasurer positions. If the annual revenues are $100,000 or 2 more, an annuaL audit is required. An audit is required once every f¡veyears.if,the annual revenues are under $100,000. In the latter instance, the person doing the audit will choose which of the five years to audit. . d. Other The clerk maybe given additional duties, depending upon the other ~eeds' of the city. Examples of such other duties include the following: ! ~ Personnel. This might include processing employment ! applications, maintaining personnel records, and making recommendations regarding staffing and hours. It would not include the ability to hire and fire city employees. ;. Office management. This could include keeping the city ¡ records,' running payroll, etc. ! i. Licenses and permits. This would include processing applications for licenses and pennits, as well as issuing such licenses and pennits after they have been approved. Certain types' of licenses and pennits may need to be approved by the i council, such as conditional use pennits. ¡ ~. Appointment and removal íThe way a person becomes a city clerk will vary , depending upon the . ,type of city and the fonn of government. Likewise, the clerk's removal may be. done differently, depending upon the fonn of city government. In some cases, where there is an elected clerk, the I City Admi . nstrator 17 person who is the clerk can only be removed from office under very . limited circumstances. 1. Elected clerks/Standard plan cities Minn. Stat. § 412.02 In standard plan cities, the clerk is elected to office. This means the voters will choose who will be the city clerk in the city's general election. An elected clerk's term of office is four years. a. Filling vacancies Should a vacancy occur in the clerk's position, the city council appoints an individual to be the new city clerk. The council' will appoint the person to serve until the next general election, when a special election must be held to fill the remainder of the former clerk's term if both of the following conditions are met: · There are more than two years remaining in the clerk's term. · The vacancy occurs before the first day to file affidavits of candidacy for the next general city election. Minn. Stat. § 412.02, The council will appoint someone to serve the remainder of the subd.2a clerk's term if either of the following conditions are met: . · There are less than two years remaining on the clerk's term. · The vacancy occurs after the first day to file. affidavits of candidacy for the next general. city, election. Minn. Stat. § 412.02, The city council must fill a vacancy in the clerk's position. However, subd.2a if there is a tie vote in the council, the mayor then has the power to appoint someone to fill the vacancy. The mayor may choose to appoint the candidate the council was considering or someone else. b. Removal from office Since the city clerk is an elected position ina standard plan city, the clerk generally cannot be removed from 'office. Voters may choose to vote for a new clerk when the term expires. Like any other local elected officer, a city clerk could only be removed under limited circumstances, such as the commission of a crime that would result in the officer losing their qualifications for office, malfeasance in office, or losing their residency. Standard plan city councils seeking to remove their city clerk from office should consult with their city attorney before beginning this procedure. . 18 League of Minnesota Cities \ . 2. Appointed clerks Ilndividuals who are working as city clerks in Plan A and Plan B i cities are generally appointed andremovedJromtheir positions. But I the power to appointor remove the' clerk is given to different people I depending upon the type of city. a. Plan A cities Minn. tat § 412.581 ¡ The clerk is appointed (hired) by the city council in a Plan A, city. As ! such, the clerk in a Plan A city may be removed by the council. I However, in certain instances, the counçil may,have to follow certain I I procedures in order to remove the clerk. For example, if there are ! civil service rules in place, or if the employee is a veteran, certain i procedures may need to be followed in order to remove the clerk. r City councils that are considering removal of their City clerk should ¡ contact their city attorney for guidance. , b. Plan B cities Minn. tat. § 412.651, !The city clerk in a Plan B statutory city is also an appointed office. subd. I In this type of city, however, the clerk is hired by the city manager. ¡ The city manager also has the power to remove the city clerk. But .1 the city attorney ' should always be consulted before removing a city I officer. 3. Home rule charter cities r The role of a city clerk in a home rule charter city will depend upon I r the provisions that exist in the city's charter. Home rule charter cities I should check their charters to detennine whether thereis such an I office in their city, and if the office is appointed or elected. If the i office exists, there may also be a provision that explains how the I position is filled and how a person is removed from the office. As I with other tenninations,thecouncil and the city manager should ! consult with the, city attorney before beginning the process. "·1 Part IV. City administrator 1 The city administrator position is not required, nor even mentioned I in state statute. The position is generally created by ordinance or . resolution, and is often combined with the clerk position into a clerk- i administrator position. I i The history of the city administrator position is less defined than the . j history of either, the clerk or.manager positions. In Minnesota, the i position has apparently grown out of the city clerk position. As a r city's operations grow,in complexity, it becomes unrealistic for the City Ad 'ninstrator ¡ 19 ! elected body to oversee day-to-day operations. In a step to move . towards delegating many of these day-to-day functions, many city councils have chosen to create the position of city administrator. A key issue in the creation of the city administrator position is the level of authority, particularly supervisory authority of other city staff, that will be vested in the position. In some cities, the responsibilities may be an expansion of the city clerk's duties. In other cities, the powers may be almost as broad as those of a city manager, with the exception that the council cannot delegate its final authority for hiring and firing city staff. However, some city councils give deference to the administrator's recommendations on appointments and removals. A. Form of government Minn. Stat. § 412.111 The administrator position is not a required position for any type of city but city councils may choose to have such a position. It is more common to see an administrator in a Plan A city. The position is usually created by ordinance or resolution Sometimes the administrator position exists in addition to a separate city clerk position, but often the duties are merged into a combined clerk- administrator position. Because a Plan B city has a city manager, it . would be unlikely to also have a city administrator position. Home rule charter cities should check their city charters for provisions dealing with their city administrator. B. Powers and duties Minn. Stat. § 412.111 Since the city administrator is not a position that is created by state statute, its duties can vary greatly from city to city. Generally, the position is one to which the city council delegates some of its responsibilities for the day-to-day administration of the city. When the position is combined with that of the city clerk, however, it will include all the duties of the city clerk. But the council is not able to delegate hiring and firing decisions to the administrator. Statutory city councils that wish to delegate this responsibility might consider adopting the council-manager plan under Optional Plan B. . Home rule charter cities, however, may be able to delegate such responsibility with a proper charter provision. JeweU BeIJing Co. v. The Minnesota Supreme Court found that a city council could not Bertha, 91 Minn. 9 (1903) delegate its legislative power to an administrator. Nor could it delegate any administrative power that calls for judgment and discretion to an administrative officer, such as the authority to enter . into a contract to purchase a fire pumper. 20 League of Minnesota Çiti~s . The following responsibilities are among those often given to city ~dministrators: i+ Administration direction. Direct the administration of the city as provided by council action, and state and federal statutes. i+ City affairs. Coordinate with the city council in , administrating city affairs. i J Policy recommendation. Recommend policies that will 1+ further goals of the city council and generally improve the quality of city administration. , I i+ Local improvements and city projects. Prepare reports and summaries relating to proposed municipal projects/ improvements and submit them with recommendations as may be required to the council for study and subsequent action. i+ Budgets. Prepare a recommended budget for consideration i by the city council. . '+ Financial statements. Prepare the annual financial statement and perform other duties as required by Minnesota statute. ¡+ Meetings. Attend and participate in all council meetings. Attend (at administrator's discretion) or by invitation other committee and commission meetings. , Citj programs. Coordinate city programs and activities as 1+ authorized by the council. ¡+ Financial reports. Submit quarterly reports to ,the council of the financial condition of the city's accounts. i + Elections. Supervise the conduct of local elections in , accordance with prescribed laws and regulations. , i+ Superyision. Supervise and have day-to-day oversight of the i activities of all city department heads ,and the administrative ( staff. I 1+ Employment. Make recommendations to the council regarding employment and removal of city. staff. ! . i+ Cooperate with professional staff. Work in cooperation with I the· city attorney and çity engineer. City ''"''''''''''' ! 21 I i . . · Public relations. Prepare news releases, and develop and . discuss public relations material. Maintain good public relations with the general public. · Consultation. Consult with appointed officials and with other public or private agencies as may be required. · Other public programs. Be informed of federal, state, and county programs that affect the city. · Labor negotiation. Negotiate or delegate the negotiation of the terms and conditions of employee labor contracts. · Other duties. Perform all other duties required.of administrator by ordinances or resolutions adopted by the council. Cities should check their city ordinances for a list of the administrator's job duties. Home rule charter cities should check their charters for similar information for this position, if it exists in their city. c. Appointment and removal . Minn. Stat. § 412.111 The city administrator is a position that is created by council ordinance or resolution. As such, the council has the power to define the duties and responsibilities of its administrator, as well as the power to hire and remove individuals in the position. Minn. Stat. § 197.46 The appointment ,and removal process will vary depending upon the type of city, as well as other faètors, such as personnel policies, employment contracts, and ,the ordinance or charter provision that created the position. Although department heads are generally exempt from the veterans' preference removal requirements, whether or not they apply will depend upon the specifics of the situation and the type of responsibilities that are given to the administrator. A city council that is seeking to remove its city administrator should consult with its city attorney before beginning the removal process Home rule charter cities should check their city charters for appointment and removal procedures. These cities should also be concerned with the same factors that were discussed above for statutory cities. Part,V. City manager Minn. Stat. § 412.541 The city manager position is found in Plan B statutory cities' and in :. many home rule charter cities. This form of government is known as 22 League of Minnesota Citi~s . Ithe council-manager plan. In this type of government, the council i exercìses the legislatìve power of the cìty and determines all matters ¡of polìcy, similar to a board of dìrectors in a private sector company. ¡The cìty manager formulates polìcy recommendatìons to the cìty i council, and administers and implements the polìcies--much as a ¡CEO would do ìn a private ,sector company. ¡The council-manager plan was fIrst created in the early I900s as a I means through whìch government could be "professionalìzed." It i reflects both the parlìamentary approach to government and the i corporate busìness model ìn its structure and ideals. Early I proponents of the councìl-manager form of government believed it iaccomplìshed,the following worthy goals: ¡+ It replaced the divisiveness of some other forms of government with a more unìfIed model of government in whìch the council had both legislatìve and administratìve 1 authority. , 1 '+ It placed responsibility for day-to-day administratìon of CÌty business in the hands of a professional manager rather than elected offIcìals. . ¡ A. Form ,of government See Pa t II·C I The cìty manager posìtion is found in statutory cìtìes that adopt to ¡become Optìonal PlanB cìtìes. The Plan B form of government is I also called the councìl-manager plan. This form of government is ! ! also available to home rule chartercitìes that provide for the council- : managerplanìn theìr charters., Under the councìl-manager plan, the ¡ councìl retaìnspolìcy-making and legislatìve authority, and I delegates ,administratìon' of local government to a manager. The ¡ manager is responsible directly to the council and subject to councìl removal. The manager appoints administrative department heads, ! usually without the necessity for council approval. Minn. Stat. §§ 412.611 i ' The council·, as a whole retains. ultimate administrative . as, well as and 4 2.621 ' , : legislative responsibìlity and authority, except where an independent I board (such as an utìlìtìes commission) has one or more specìfIc ¡ functìons. ¡ B. Powers and duties j The Plan B cìty manager's duties are found in state statute, although ! many councils will delegate additional responsibilities to this . : individual. In home rule charter cities, the responsibìlities are often : similar. City Adffiininstrator 23 I I I Minn. Stat. § 412.611 In a Plan B city, the city manager is the head of the administrative . branch of government. The person in this position is responsible to the council for the proper administration of all affairs relating to the city. Minn. Stat. § 412.651. State statute provides that the city manager has a number,of duties. These responsibilities, described' in more detail below, include the following areas: Minn. Stat. § 412.651, · Statutes, ordinances, and resolutions. subd.2 Minn. Stat. § 412.651, · City staff. subd.3 Minn. Stat. § 412.651, · City departments. subd.4 Minn. Stat. § 412.651, · Council meetings. subd.5 Minn. Stat. § 412.651, · Recommend ordinances and resolutions. subd.6 Minn. Stat. § 412.651, · City finances and budget. subd. 7. See also Minn. Stat. §§ 412.701; .711; .721 Minn. Stat. §412.691 · Chief purchasing agent. . Minn. Stat. § 412.651, · Administrative code. subd.S Minn. Stat. § 412.651, · Additional duties. subd.9 Duties for managers in home rule charter cities are likely to be similar, but home rule charter city officials should check their city charters for details regarding their manager's duties. 1. Statutes, ordinances, and resolutions Minn. Stat. § 412.651, The city manager in a Plan B city must ensure the statutes relating to subd.2 the city and the laws, ordinances; and resolutions of the city are enforced. 2. City staff Minn. Stat. § 412.651, The city manager has the power to appoint and remove city staff. subd. 3 This includes the positions of city clerk, department heads, and subordinate officers and employees. If there are civil service rules or a labor agreement in place, any applicable provisions must be followed. The appointment and removal of the city attorney is . subject to the approval of the city council. 24 League of Minnesota Citit:,s · , i · Minn. S t. §412.661 IT'he city manager has complete discretion to appoint or remove staff inembers within the limits of other applicable laws, such as the rVeterans' PrefereI1ce Act, among others. Neither the council nor any individual councilmember is allowed to dictate the appointment of ~y person to office or employment by the manager. Council- members may not interfere with the manager's judgment in ~ppointing personnel. Likewise, the 'statute provides that, council ~ay not give orders to any, subordinate of the manager. Instead" the þouncil'scontrol is indirect, through its selection and appointment of the manager. However, it is common practice today for city councils 'to have some interaction with çity staff. 3. City departments Minn. Stat. § 412..651, ¡The city manager has control over all departments of the subd. 4 administration. This includes departments that are created under 'optional Plan B or by the city council. 4. Council meetings i Minn. Stat. § 412.651, IThe city manager must attend all meetings of the city council. He or subd. 5 I , , :she has the right to take part in the council discussions, but cannot · !vote. The city council may exclude the city manager from any Imeetings at,which the manager's removalis considered. , 5. Ordinances, and resolutions Minn. tat. § 412.651, IThe city manager must recommend ordinances, resolutions, and subd. 6 ! policies to the council for adoption if the city manager deems them I necessary for the welfare of the people and the efficient , I administration of the city affairs. 6. City finances and budget Minn. ~tat. § 412.651, i i The city manager must keep the council fully advised as to the city's subd. 7 See also Minn. I financial condition and needs. The manager must prepare and submit Stat. §§412.701; .711; .7211 1 the annual budget to the council. Minn. tat. § 412.701 i City managers must prepare the estimates for the annual budget in i Plan B cities. The budget must be by funds and include, all the funds I of the city except funds made up of proceeds of bond issues, utility : funds, and special assessment funds. Details of the budget format are ! not within the scope of this document. Minn. tat § 412.721 : It is the city manager' s duty to enforce the provisions of the budget. · ¡ The manager mustnot approve any. order upon the treasurer for any I expenditure unless an appropriation has been made in the budget i resolution. Likewise, the manager must not approve any expenditure ¡ covered by budget resolution unless there is a sufficient unexpended . City Adm ninstrator \ 25 j , . balance left after deducting the total past expenditures and the sum . of all outstanding orders and encumbrances. Minn. Stat. § 412.721 The procedure for disbursement of funds is similar to that in a standard plan or Plan A city except that the mayor and manager sign the orders instead of the mayor and clerk. The manager must specify the particular fund from which payment will be made on each contract that requires payment using city funds. This must be noted on each contract. 7. Chief purèhasing agent Minn. Stat. § 412.691 The city manager is the chief purchasing agent for the city. All purchases and contracts that do not exceed $15,000 are made or let by the manager unless the council has set a lower limit. All claims resulting from these purchases and contracts must still be audited and approved by the council in the same manner as done in other statutory cities. Minn. Stat. § 412.691 All other purchases and contracts can be made by the council only after the recommendation of the manager has fIrst been obtained. All contracts, bonds, and other instruments to which the city is a party must be signed by both the mayor and the manager on behalf of the city. . 8 Administrative code Minn. Stat. § 412.651, If the council requests it, the city manager must prepare an subd.S administrative code for the council to consider adopting. The code must incorporate the details of administrative procedure, and the city manager must suggest amendments to the code from time to time. 9. Additional duties Minn. Stat. § 412.651, The city manager must perform any other duties that are required by subd. 9 statute for Plan B cities. Additionally, the manager must meet any other responsibilities the council gives him or her by ordinance or resolution. Home rule charter cities with city managers should check their charters for their manager's duties. c. Appointment and removal The city manager is appointed and removed by the city council. 1. Appointment . Minn. Stat. § 412.641 The manager is chosen by the council on the basis of training, experience, and administrative qualifications. The manager is 26 League of Minnesota Cities . . . ;appointed for an indefinite period of time and need not be a resident ,of the city in order to hold the position. 2. Removal Minn. Stat. § 412.641 '¡The city manager may be removed by the .council at any time. IHowever, if the manager has served for one year orlonger, the fmanager may demand written charges and a public hearing on the ! charges before the final removal takes effect. The demand for written I charges must be made within seven days of notification of the ¡council's intent to remove the manager. , . , Minn. tat. § 412.641 ¡ The council must set a date and a reasonable time for a public I hearing. The hearing must be held within 30 days of the manager's i demand and the hearing may not be recessed or reconvened until a i further date unless approved by the council. , Minn. tat. § 412.641 [Pending the hearing, the council may suspend the manager, with or ! without pay. The council may designate another qualified person to I perform the duties of the manager during. absence or disability. Minn. tat. § 412.641 r The council must notify the city manager within five days, of the . ! hearing of their decision to retain or remove the lllanager. I City councils that are considering removal of their manager should ! consult with their city attorney before beginning the removal ! process. The council should also consider any relevant employment ¡ contract language, personnel policies, and ordinance or charter ! provisions. j Part VI. Common issues i I There are a number of areas that raise questions for city councils , regarding city clerks, administrators, and managers. These include 1 the following: ¡ . Shared clerks or administrators. Although rather rare in Minnesota, sometiniès a group of smaller cities will share an 1 administrator or clerk. i , . Qualifications. What should the council look for in a good candidate to fill a vacant clerk, administrator, or manager position? I . Pros.and co"s,ofemployment contracts. Should the city use , an employment contract for its administrative office? . f . Delegation of duties. What responsibilities can be delegated to the administrative officer? I i City Ad ininstrator 27 i I ! . . Effective council relations. What is the best way for the . council to work with the administrative officer? What is the best way for the administrative officer to work with the council? . Clerk, administrator, or manager? When should a city choose to have one of these positions versus another? A. Shared clerks or administrators Minn. Stat. § 471.59 Sometimes two or more smaller cities will share an administrator or clerk. This allows cities that do not need a full-time position to combine with another city to create a full-time position and hopefully retain a more qualified candidate than would be attracted to a part-time position. Cities are authorized to enter into a joint powers agreement for such services if the, cities involved all have the same power to appoint such a position. B. Qualifications (what to look for in candidates) When a city hires a new clerk, administrator, or manager, it should seek only qualified candidates. The qualifications that are best will vary depending upon the needs of the city and the functions the . person will be expected to perform. This, section applies primarily to appointed city clerks, administrators, and managers. It only applies to elected city clerks insofar as it can help voters to measure the degree of qualification of the candidates on the ballot. Contact the League for City councils should be certain the job description is up-to-date. examples of job descriptions. Look at the various needs of the city and define specifically what tasks the successful candidate will perform. Once the job description is current, it should be easier to write, an advertisement for, the opening. In addition to the job description, city councils should evaluate the current and future needs of the community. In this way, it can outline the qualifications that will help the city to grow in the future. Candidates should have good. communication skills. Such skills are necessary because of the amount of contact clerks, administrators, and managers. have, with their city, council, other city staff, the media, and the general public. Candidates for city administrator or manager are often required to have degrees in public administration. Managers and administrators need to have a thorough knowledge of finance and budgeting. Often, . 28 League of Minnesota Citie,s · · cities require advanced degrees in .one or more of these. areas. A ¡{¡aster's degree in public ,administration is a common qualification preferred by many city councils. , Experience is also an important aspect to consider. Generally, cities Will look for experience in city finances and budgeting, but it is also dommon to, see requirements for experience with specific areas such ~s land use, municipal liquor stores, Economic Development ~uthorities (EDAs), and Housing Redevelopment Agencies (HRAs). .E:xperience in running awell-organized office can also.be an asset. ~revious experience as a clerk, administrator, or manager can speak to a candidate's abilities. Serving as a deputy clerk or an assistant to ~ city administrator or manager can also be a desired qualification, as 9an administrative experience ina smaller city.. Likewise, an irtemship with a city can provide valuable municipal experience. , The candidate' personality and style is another important consideration. The council will obviously want a person whose style iis compatible with the council. Depending upon the current situation ihthe city, a stronger personality can sometimes offer much needed l'eadershìp. Under different situations, a "softer ,hand" may be more · appropriate. A city council must also carefully consider how much ¢ontrol it wishes to delegate to the person hired. c. Pros and cons of employment contracts The League of Minnesota It is common to see individual employment agreements between Cities Rt.search and Cities and their administrators or managers. Cities should consider ]nforma~ion Services can be readied at (651) 281- ~oth the strengths and weaknesses of using. these types of contracts. 1200 or (800) 925-1122. The League of Minnesota Cities has several examples of employ- ~ent.contracts, which can be sent upon request. The Minnesota City/County Management. Association also has a model contract ! . aVailable. Ä city council should have its city attorney review any employment ~ontract before entering into the agreement. 1. Pros ';fhe following are some of the benefits of using an employment contract for a city administrator or manager: I· Clarification olwages and henefits. A written employment i contract allows all of the wages and benefits that are e negotiated during ajob offer to be clarified and written in 1 one document. This can help to avoid the, possibility of ! miscommunication about verbal ,offers and terms. , , 1 i C¡tyAdmi Im"",tO< ,29 " . . Clarification of special terms. A written employment . contract allows any special terms or conditions of employment that are agreed upon by the council and administrator or manager to be specified in detail" again avoiding miscommunicatfon. . Clarification of severance terms. A written employment contract can be used to clarify severance terms in case the council decides to terminate the employment of the administrator or manager., This eliminates the need to negotiate a settlement at an emotionally difficult time for all the parties concerned. This can help reduce the likelihood of lawsuits. · Performance reviews. A written employment contract can be used to specify how and when the performance of the administrator or manager will be reviewed, as well as outline the role of the administrator or manager in general terms. · Recruitment. A written employment contract can be used as a recruitment tool for applicants who prefer to work under a fonnal contract. · Objectivity. A written employment contract can ,help to . remove the appearance of self-interest when changes to the city's personnel policy are being considered. 2. Cons The following are some of the arguments against using an employment contract for a city administrator or manager: · Multiple contracts. A poorly, drafted contract could mean the city will pay until the end of the contract if the administrator or manager leaves early or is tenninated. The city could end up paying for two contracts: the contract of the old employee, and the contract for the new employee. Minn. Stat. § 465.72, · Severance pay. Severance provisions often become outdated subd.l because succeeding councils don't realize this language may have been included in the contract to deal with a specific tennination problem. As a result, severance benefits in the contract may be more beneficial to the administrator. or manager than they otherwise would be. (Note: State statute prohibits severance pay from exceeding an amount equal to one year of pay.) . 30 League of Minnesota Citit(s , , · . Differences. It can sometimes be confusing to have different agreements 'in place ,for different,employees or groups of employees. Delegation of duties See Part III (City clerk), State statutes outline many of the duties that may be delegated to a Part I~ (City city administrative officer. See theindividual sections that discuss adminiStrator), and Part V (Cití manager) each position for further details. In some cases, various duties of the , clerk, administrator, or manager may be delegated to another city i staff member. 1. General duties Minn. tat. § 412.151. See iSince the statutory city council has the,power to create positions and indiyi ual sections I defme their duties, it would appear it could delegate almost any discus ,ing duties of clerk, administrator, and 1 responsibility to any city staff. However, there are specific duties manager. I that must be performed by' the city clerk or city treasurer because ithey are required to perform them by state statute. JewelllBelting CO. Y. i The courts have ruled a city council is without the authority to ..., BerthJ, 91 Minn. 9 (1903) i delegate council legislative 'powers or any administrative power that · I calls for judgment and discretion. However, the statutes provide that I certain such responsibilities, such as the hiring and firing of city I employees, are taken from the council and given to the city manager i in Plan B cities. I Home rule charter cities should consult their charters regarding the : ability to re-assign and delegate duties. 2. Authority for paying certain claims Minn. Stat. § 412.271, i The statutorY city council may delegate authority for paying certain subd. i>claims to a city administréltive official. In order to do this, the city ¡ must have internal accounting and administrative control procedures Ito ensure the proper disbursement of public funds. The procedures ¡, must include the regular and frequent review of the administrative i official's actions by the council. A list of all claims paid under the I procedures must be presented to the ,council for informational I purposes at the next regularly scheduled council meeting. ! I Minn. Stat. § 412.271, I The council must pass a resolution to delegate such authority. The subd. ¡resolution must specify the. individual to whom the authority is i ' given" and that the person may pay those claims that meet the ! standards and procedures established by the council. · i j i , , City Admininstrator , 31 I \ . Minn. Stat. § 412.271, A statutory city council that does not prepare annual audited . subd. 8 financial statements, which, have been attested to by an independent certified public accountant, public accountant, or the state auditor, may not delegate its authority for paying certain claims against the city. Home rule charter cities should consult their charters for guidance on their ability to delegate the payment of claims. 3. Public relations See League research Cities can take several steps to have effective relationships with the memo, Newspaper media. Often, a city will assign the responsibility of talking to the Publication (LMC 440.1) for a further discussion of media to one person. Although this person is sometimes the mayor, it dealing with the news is often the chief administrative officer (clerk, administrator, or media. manager). E. Effective council relations The chief administrative officer, whether it is the clerk, the administrator, or the manager, must work closely with the council. As such, it is importantthat the working relationship be a good one. Both, the administrative officer and the council must always keep in . mind that they are working as a team to serve the community. While differences of opinions are likely. to occur, both sides must resolve their differences quickly. Extended bickering can cause the public to lose faith in the officer~,aswell as the city council. Sometimes, resolving such a conflict can be as easy as agreeing to disagree. F. Clerk, administrator, or manager? Cities sometimes ask whether they should have a city clerk, an administrator, or a manager. The answer to this question will depend upon many variables that will not be identical from city to city. If the council fmds itself spending. a lot of time administering day..to~ day activities, it may wish to delegate some responsibilities. Depending upon the number of responsibilities and the amount of time needed to adequately complete each of them, these responsibilities can be given to an existing position (such. as the city clerk) or to a new position (such as an administrator or manager). Generally, the practice has been that a small city will delegate responsibilities to the city clerk until it becomes obvious that an additional person is needed to help with the clerk's duties. At this point, many cities will either create a city administrator position or . hire additional staff to help the clerk perform these additional duties. In some cases, a city may have a specific issue with which it is 32 League' of Minnesota Cities .' . . 'dealing and want someone with expertise in the area. For example, if !the city is growing rapidly, the council may want someone who can ,help oversee some of its land-use matters. ¡As a city gets larger, it may choose to adopt Plan B, in order to :delegate other responsibilities, such as making personnel decisions. ¡Such delegation allows the council more time to make important ¡legislative decisions. i Adoption of a home rule charter can give the city freedom to assign I duties however it chooses in its charter. Some cities have seen this as i the best method to use to get the government it wants. . . City A ininstrator , 33 , , I · MEMO Date: June 29, 1999 To: Mayor Hiemenz and:Council Members From: Judy Weyrens I Re: Council Meeting Infbrmation Please bring with you the information from the last Council meeting regarding the following: Rezoning ~ Highway 75 Corridor , 1 1 Central MN Events çenter Note: In your packet you should have received a letter from John Scherer regarding the Central MN .Events Center. , I BEN THELEN: I also wantlto give you some background on the lot split request of Ben Thelen. Ben purc1ed the vacant lot !Tori> Ne1 Pfannenstein in 1998. At the same time Ben petitioned the City to vacate the east west alley between the property he recently acquired and Marlin Eich. As you can see · from t e enc1oseddocumentj the alley was vacated and recorded. When a street or roadway is vacated Y2 the va ation property is acquired by each property owner. At this time MarlinEich wishes to sell the 20 feet h~ acquired from the vaçation to Ben Thelen. In order for this transaction to take place, the Council needs 10 issue a certificate 01 compliance and approve the lot split. ST. ~?S~P~ PA.RISH: E~c1osed in this packet is an a~endment ~oO~dinance 72 which ,",,:ould allow. non I~catmghquor sa1esjat 10:00 am: on S~MYS WIth theoonJ~chonQffood I hoo dIscussed thIS matte wIth John Scherer on Fnday and we were both of the understandmg that It could not be done. There ore the matter was no~ placed on the agenda. However, on Monday it was determined that the City had e ough time to process the necessary paperwork for the agenda. The St. Joseph Parish initiated the reque t due to theAth of Julylfalling on a Sunday. As the Ordinance currently stands any license holder with a¡ intoxicating license çan already sell at 10:00 a.m. Therefore, we are asking that the Council consi er the amendment inc~uded in this packet. If you have any questi~ns pH~asefeel free to call me. t ¡ · I ¡ I · , AMENDMENT TO ORDINANCE 72 LICENSING AND REGULATION OF THE SALE AND I" , CON~UMPTION OF NON-INTOXICATING LIQUOR 1 .. .. I The City Council for the Cit)1 of St. Joseph HEREBY ORDAIN: , 1. That Section 72.2 of~he St.JosephCode of Ordinances is hereby <!mendedby the enactment of the following provision as Subd. 6 thereof: 1 , "Subd. 6: A restauraht club, bowling alley, or hotel which holds an on-sale or special events license may sell non~intoxicating liquor for consumption on the premises in conjunction with the' sale of food after the ,hour of 10:00 a.m. on Sundays. An establishment serving non-intoxicating liquor on Sundays mµst obtain a Sunday license. Any establishment requesting a Sunday license must show that they are in conformance with the Minnesota Clean Air Act.. A license may be issued by the governing body of the municipality and a fee as established by resolution of the City Council maybe! charged, but in no event said fee exceed the sum ,of $ 5..00 for a special event license or $ 25[00 for the, on-sale license unless otherwise prohibited by State law." This amendment is apopted by the City of St. Joseph this 1st day of July, 1999. · This amendment shall be effective upon passage and publication. Kenneth J.,Hiemenz, Mayor ! Judy Weyrens, Deputy Clerk , · 'l1 ~" .vI - /(f' , ..- , . " " . ..... ,..:..>.... 891 I 5 8 . 98 NO'll 0 PM 12: 20 Lªn[6~[Q) , 1 ! COUNTY RECORDER N 0 V 1 0 19,98 ' STEARNS CO. MN , PATRICIA M. OVER~·1..\N ANK J. KOHORST I W~~J0.J\'~~;n¡:PlliY COUNTY AUDITOR ! ! ! NOTICE OF COMPLETION OF VACATION PROCEEDINGS lease take notice that 'the City of St. Joseph, acting pursuant to the authority of Minnesota Statute I 412.851 has adopted a resoluti,6n vacating an alley which had been located at the following described property in the City of St. Joseph, Stearns County, Minnesota: , ]The north-south alley l,ocated between 2nd Avenue NE and 3rd Avenue NE Between Ash Street and . Founty State Aid Hig~way 75, which is also located between Lots 9 & 10 and Lots J 7 & 18 in Block ~ß of Loso's 5thAdditiO~. , e Vacation of this a~Ieyway was completed and became effective on September 17, 1998. Upon vacMi,of~e alley, ilie ree +ers of ilie prop~ ab~g ilie alley to ilie Ea& and to ilie W e& ~all be deemed to have acquired title ~o that Y2 of the alley abutting their current property. , DAW . ¥µ,ctM.J!/ tl 99R I ~~ Rachel Stapleton' '.., . Clerk! Administrator k ' V 0'\-'0;- ~ $* ::::= OQ'~f'"Q...... ç>'J ~..o')(.. LoL.o~ ! MICRQFILMrD s+ r" ~ ......,~. l' '-'" ,~ ..., '--\. Page -I-.- of , - .... 0- tJ\N'J\.;;J- v'J) Cî<\ ~'~ ~') . ~.~J~~ ~~~... June 25, 1999 . ~\9M'~ I Your/Turn St. qoud Times P.O. fc0X 768 i St. C oud, MN 56302-07168 I rJtheeclitOriaI entitlek "Events center agreements <lon't ans',Ver key questions,"in the Jre12, 1999 issue oftheTirnes. Mo.st ofthe objections raised by the editoriai ,niter were rooted in a lack of'+D-derstanding of the nature ofjoint power agreements and the spec~fic agreements in q1.lestion. Actually, a Grant Agreement with the State of Mi~1esota is, by referenqe, also part of the two agreements. Section 3.6.14 of the Cent alMinnesota Event,s Center Joint Powers Agreement and Section 3.7.8 of the Central Minnesota Events Center Sales Tax Collection and Distribution Joint Powers Agrlement refer to the qrantAgreement. To understand the agreements you need to inclde the State Grant :\greement as part of the overall picture. The function of the agre~ments was not to answer either of the questions presented to the EventsCenter Task Forde and referenced by the editorial writer., . The~e were. <!raft agree~ents <levelope<l cooperative I y by the aclministrations of the part~cipating cities. The~' were presented to the city councils with the intention of moving towards a consensus on ~e fmal working relationship of the parties. .Much has been aCCJmPliShe<l, but th"elis still work to be <lone! Th9legislature has giveÄ MinnesoJa cities broad powers to cooperate with each other. Oni source of this authqrity is the Joint Powers Act. Under the Act cities may cooperatively exercise fuy power common to them. One city can agree to exercise a poter on behalf of ano~er city or group of cities. It is also possible to create ajoint po I ers board, which c¥1exercise delegated powers on behalf of the group. The purpose offese agreements is tptake advantage of the collective knowle<lge, skill and ex ,eriencesthatexist in, our cities. By carrying out a wide range of activities on a co perative basis lhe !a¡lcpaYer wins I By way of exampk, w~ couId j ointlybuy supp lies, joiftly provide police protection, fire services or utilities. Yes, we can even agree to joir.tly oversee the co~truction and operation ofa large event center owned by anyone offhe participatingciti~s. Makes sense doesn't it? After all, such a facility will have an imract on ail of the participating .cities. ere were seven issu~s raised in the editorialthatI would like to address. 1 ¡ I 1. The editorial writer stated that the discussion and concemexpressed by the 5t.Cloud I . City Council about the number of representatives on the joint powers board missed the truly importantipoint. i I I ! Pi LopezlO6J25/99 I .....' . If the board were controlled by one city, the concerns relating to self- protection . clearly go away for the city with the control and increase for all the others. In government operations control is very important because accountability is important. The Council was right on! This was one of the most important issues raised in the agreements. 2. The editorial VvTIter stated that the agreement does not identify who would operate the facility. . If the intent \vere for the Authority to make that decision, then it would be somewhat pointless to determine the operator in the agreement. For the Authority to have validity, it must be given the opportunity to make real decisions. The Authority will determine whether or not a contract operator will operate the facility. Isn't that the way it should be if the Authority is responsible for the overall operation of the facility? ., The editorial \\-TIter suggests that the cities can establish an excise tax, a one percent j. on-sale liquor and food and beverages, and up to one percent on hotel and motel lodging by ordinance withouta vote? . There is clearly a lack of understanding by the editorial writer as to what is required for a city to establish a local option sales tax. State law authorizes . the city to establish a sales tax. The tax is actually established by ordinance. . The general sales tax as well as the other special sales taxes must be voted on and approved before the City can establish them by ordinance. All cities intend to place just the Y2 cent general sales tax and the flat $20 motor vehicle excise tax on the November 1999 ballot. 4. The editorial writer questions whether the board has the authority to distribute only the sales tax or all the enumerated taxes? . The board ha.s the authority to distribute t.1J.e ta:œs that are approved by the voters and established by local ordinance Section 3.6.2 of the Sales Tax Collection and Distribution Joint Powers Agreement references all the sales taxes the Times editorial references. Although the State Law, referenced in the Sales Tax Collection and Distribution Agreement, allows the five area cities to establish the taxes listed in the law, it is up to the cities to determine which taxes to submit to the voters. Obviously, if the voters don't approve a tax, it can not be established. 5. The editorial VvTIter states that no figures ~ave been given for the transfer of funds to the Repair and Replacement Reserve Fund. . That conclusion is correct. However, your editorial partially explained thelackof . figures. The funding of the repair and replacement of major equipment and major operating systems is to be based on depreciation expenses. In order to depreciate Pia LopezlO6/25/99 ~ : ....,. . equipment.and systems, you need to know what they are and whatvalue they have. When the building has.been completely designed and the equipment known, the depre~iation expenses can be determined. Since the money involved in this fund will eJ,irectly reduce the amount'offunds distributed to the cities participating in ~e sales tax, a rough es.timate is not good enough. 6. In discussing the funding of the events center, the editorial writer stated: "The Task Force did not, howevJer, subtract payments to the debt service reserve or repair and ¥placement reserve funds, so who knows what really would remain to'be distributed to the five cities?" , 1 The answer is that all ofihe participating cities know. A nnmber ofPenorma' s were run for theflve mayors and their city administrators. Did we include a debt service reSel"ie? jYes, it is specifically addressed in the Sales Tax Collection and DistributionAgn~ement. Where would we get the money to fund the debt service reserve? From tliecollection .of sales tax before the bonds are issued and or capitalized in the bond issue. Where would we get the money to fund the Repair and Replacement Reserve?, Since depreciation is a bonafide operating expense; and, since the sales tax may be used to offsetan operating deficit in the first five years; then sales ,ta..x used to, fund the operating deficit will in fact fund the Repair . and Replacement Reserve. 7. The editorial writer repeatedly stated that the agreement did not clearly identify the owner of the facility. I . Early in the process that was an issue. But, it was resolved by the State of Minnesota Grant Agreement. The grant agreement requires that the City of St. Cloud own and be responsible for the facility. The onlyissues remaining for,the joint powers agr:eement are construction and operation. A joint powers agreement must specificall{' assign powers and responsibilities. If ownership responsibility is not specifica~ly assigned, then the joint powers entity does not own the facility. The agreements do not assign ownership of the facility to the Authority. That is further' supported by the fact that the Authority shall not incur debt beyond a year and mustlhave its annual operating budget approved by the St. Cloud City Council. Fi : ally, while Iagree thedraft agreements could have been clearer, I do not believe, as tbtcJitOrial writer sJat~<l, thatanotbersnafu has occ\lITe<l. The <!rafters oftbe ag eements, mayors and city administrators, understand the agreements and how they are to I or1<,. Obviously, some information is omltted{intentionally) because it is not known . at fills time or is of no significance. ',The five cities were. asked to have their councils approve the agreement~ so thatwe could move towards fmalizing the working re!ationship.Weclearly expected additional changes. After all, five city councils ap~roVing a maj orf1rTfa kind agreement will undoubtedly be very cautious. That is PiìLopez106125199 : .~. ~ exactly what is under way now. The kind of discussion that is occurring is what our . citizens expect. I think. the snafu, as you call it, may have occurred when you failed to thoroughly research the story which you presented to the public. The professional staff at City Hall is always willing and able to assist the media or public in questions they might not understand. It is apparent that the editorial writer does not understand joint powers agreements. It is also apparent that the editorial writer did not understand the purpose of the agreements. Kno\ving that some people may be influenced by what is written in the editorial, it is important to get it right! Sincerely, Ü~ jJ~ Chris Hagelie . . Pia Lopez 106/25/99 , .. UNOF ICIAL . purslt to due. call and notice thereof fue City Council for the City of St.Joseph met m regular session on Tue day, June 15, 1999 at:7:00 p.m. in the St. Joseph City Hall. 1 Members Present: Mayor, Keþneth H. Hiemenz. Councilors Ken Twit, Bob Loso, Mary Niedenfuer, Cory Erert. Deputy Clerk Ji.1dyWeyrens. Ci Re resentatives Present: I City Engineer Joe Bettendorf; Public Works DirectorDick Taufen; Fire' Chief ave Theisen. 1 Othershesent: Bruce Osen&'rf, Rose Osen<lorf, vicki Osendorf, Cmdy Goehe1, Joe Miller, Julie wat" Edmund Schneider'1!im Hardwick, Franz Kitzberger, Thor Larson, Ron Rose, Cl~lien Rose, LonnIe Abbott, Bridget Soreqsen,A1 Gwos, Gary Scleicher, SmceyJacobson, ReneeLepmski,D1ck Stock, oyce Stock, Doris Johnson, Laura Kirchiner, Joanne Schnieder, Ted Schmid, S. Mirian Ardolf, Mary eller, Dan Streit, Mary Streit, Gene Jansen, Connie Bonacci, Noah Van Beck, Michelle Nordine, Bruee rordme. . A ro e A enda: Twit mad6 amotion to approve the agenda aspresented; seconded by Loso. Ayes: Hiemenz, T\"yit, Loso, Niedenfuer, Loso Nays: None Motion Carried 5:0:0 Conse t Agenda: Niedenfuer made a motion to approve the consent agenda as follows, seconded by Twit: a. Sewer Rod Workshop, July 13, 1999. To be held at the Best Western, registration fee of $ 95.00. Att~ndee: Jim Marthaler, Wastewater Operator. 1 . Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None , Motion Carried 5:0:0 A ro e Minutes: Twit made a motion to approve the minutes of May 27 and June 3, 1999 with the follow ng corrections: June 3, 1999 - Page :3, third last paragraph, Sustainable Committee, not Sustainable Community. 1 i Ayes: Hiemenz, To/it, Loso, Niedenfuer, Loso Nays: None Motion Carried 5:0:0 Public Comments to the Agenda STEV FRANK, 606 Birch Street West - Frank stated that he has listened to the concerns expressed at the lasf Co~ncil meeting?ftpe~ityTegarding stu~~n,t festivities ongraduati?n weeken4. Itis hi.s unders¡tandmg the CouncIL hfd dIscussed the feasIbIlIty of the Colleges movmg graduatIon to Fnday evening so the students do n9thave a full day between final exams and graduation. Frank stated that St. Cloud~Smte University moved gra<luation fÌ'Om Friday. evenmg to Saturday mornings so that parents and famili . s could attend graduahon.Frank urged the Council to research what other College communities do to prevent occurrences, such as the one that took place on graduation weekend At the last Council meeting the Metropolitan Transit Commission (MTC) appeared before the Council to diSCUl future mass transit fqr St. JoseEh. Frank smte<llt w~s his u~derstmdmg that the last time the . MTC ppeared before the Council the cost of participating was prohibitive. If a.survey is to be comp1ted to, determine if MTC service should be provided, Frank cautioned the Council to assure the surve ,is representative of tI-ie residents and request a breakdown as to they type of support received. . i I i I ¡ 1 i ~, . UNOFFICIAL He stated that the City of St. Cloud is already . Frank also commented on the Central MN Events Center. questioning the voting representation of each participating City. Representation is questioned because St. Cloud will be responsible for the majority of the financing burden of the facility. Frank encouraged the Council to review the documents carefully as St. Joseph has much to gain if the proposed center becomes a reality. Fire Chief Reports: Fire Chief Dave Theisen presented the semi annual Fire Report. During the past six months the fire department responded to a total of 113 fire and medical calls, of which 88 were medical calls. The following is a breakdown of emergency responses by jurisdiction: City of St. Joseph 56 St. Joseph Township 47 St. Wendel Township 10 Theisen stated that the fire calls are down by three calls compared to one year ago. Ehlert questioned the varying amount charged for each fire call. Theisen stated that the cost associated with each emergency response is based on the number of fire firefighters that respond and the total response time. Loso made a motion to approve the semi annual fire report and authorize payment in the amount of$ 15,787.50, The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None Motion Carried 5:0:0 Bills Pavable: Loso made a motion to approve the bills payable, check numbers 26980 - 27010; . seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None Motion Carried 5 :0:0 Landscaping - US West Wireless: Niedenfuer stated it is her opinion that the area where the wireless equipment is installed would look better if shrubbery were planted as originally agreed. Hiemenz stated the Maintenance Department has requested that shrubbery not be pIanted~ The Maintenance Staff indicated that the planting of shrubbery would create time consuming hand trimming. Loso stated that he is in favor of placing pea rock around the equipment and planting the shrubbery in one of the parks. Hiemenz also stated that the drawing indicated a cement base would be constructed and that has not happened as of this meeting. Loso made a motion to table this matter until the contract between the City and US Wireless is reviewed so that a determination can be made as to what US Wireless is obligated to complete. The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None Motion Carried 5:0:0 Mayor Reports Hiemenz reported that he attended the following meetings: 1. West Metro Meeting concerning Pine Cone Road 2. APO adopted an MNDOT agreed upon a memorandum of understanding Continuation - Public Improvement Hearing, proposed 6th Avenue NE (Northland Drive ): City Engineer Joe Bettendorf presented revised plans for the proposed improvement of 6th Avenue NE. The revised . plan extends Fir Street easterly to 6th Avenue NE and the redesign will require the City to purchase additional right of way from the Brandenburger Estate and from Rothforks. In addition to the added cost 2- . I UNOFrCIAL .. . of nghtofway. Fir S iTeet WHi have a 12'Y,gra<ie whichi! a very steep grade. Bettendotf also presentèd the cos . breakdown of the revIsed plan. At this rime Mayo, Biemenz ip,ned the floor to those present. Connie Bonacci of 601 - 4th Jvenue NE.stated objection to the proposed improvement and questioned why the City is contemplating extending Fir Street. Bettendorf responde~ that the proposed redesign is a result of the public hearing conducted on May 27,1999. Lonnie (bbdtt oj409GumtrerStreet East, questioned the need to instaUutilities at this time. Ifutilities are not extended it would be a cost savings of approximately $ 100,000. Abbott also stated that NOrthrd needs a s<cond easiJwest access and Gnmtree should not he extended wìthout such. NAnnSchnelder of 408 GuJtree Street spoke in support oftheproposed,edesign ond stated thatthe numbe of people at this publlc hearing should serve as testimony that the project is supported and needed. ¡ Julie ~atkins af3IJ844 ël"jvenueNESPokein !UPport ofthe proposed improvement.. Watkins s(ated that Northland Drive is long overdue and encouraged the Council to move forward. Al Òw+st of 407 Gumtree Str~etEast!poke inohjec~on to the improve~eot of No,:,h1and Drive wìt)¡()ut a secondary access from Fir Stfeet. Gwost stated tbat the neighborhood has many children and in his OPinì:~ th, proposed loadwìll he a safety hazard. . Vicki' sendorf a/510 -1" A ~enue NE spoke 10SOppOrt of the Pl'oj eet SAe s(ated ovetthe past three years the res dents along 1 st Avenu~ NEhave had to put up with all the traffic for the Northland Addition. Numerpus times they approayhed the City Council to construct a second ingress/egress to Northland without any action. . Osendo(f encouraged the Council to move forward with the original improvement plans shbmittedon May 27, ~999. Gary +lieeher of 503 Gum¡ree$treeŒdstre~oestedthe qouncHexp1ore other optìonsScWeieher stated hat when he purchased his home he was told that Gumtree Street would be a dead end street. He stated jbat he. is disappointedlthat theCouncilis considering the, improvement of Northland Drive without secon1ary ingress/egress froT Fir Street. Bruce esendorjoj524- ¡st 1venue NE spoke in support of the project. Over the past three years he has had to Ideal with all the traffiç from the Northland Addition and heisexcitedthattheCity has the opportpnity to extend Northl~nd Drive to help move traffic. While the traffic may seem excessive, Gumtrk Street will be built)Vider and include a bike/ pedestrian pathway. It is his opinion that not all traffic I ill use Gumtree and Northland Drive. .. Some residents will still use the 1 st Avenue NE as an ingress/egress because of the; traffic light at CSAH75 and College Avenue North. osen<lhtf also expressed con~em that if the revised plan is adopted, vehicular traffic may Nnrtlrand Drì ve to Firltreet as a shortcut to County Road 2, creating additional traffic along 1 st Avenue NE. Mary ftreitoj300FirStreetlEast spoke in objectionto the proposed redesign of Fir Street. Streit stated thattheproposed slope of th~ street will make visibility difficult and could become a safety hazard, . partic larlyto children biking. 3 UNOFFICIAL Cindy Goebel of 30902 - 1't Avenue NE stated that if residents are concerned with traffic safety, · additional stop signs should be installed along Fir Street East. Dan Goebel of 30902 - 1't Avenue NE requested that the Council move forward with the project as originally planned. In his opinion the project is long overdue. Bruce Nordine of 304 Fir Street East spoke in objection to the revised street improvement, extending Fir Street to Northland Drive. She stated the slope of the road will create a safety hazard. Michelle Nordine of 304 Fir Street East questioned if a secondary east/west road could be constructed from proposed Northland Drive to County Road 133. This secondary road would move traffic out development without first having to drive through the entire addition. Bettendorf responded that he has reviewed that option. However, there is a large wetland that would make the connection difficult. Tim Groff of 700 - 2nd Avenue NE stated he supports the construction of Northland Drive and the extension of Fir Street from 1 SI Avenue NE; to Northland Drive. Lori Gwost of 407 - 1't Avenue NE requested that stop signs be placed along Fir Street when the improvement is completed. Roxanne Habiger of 600 - 2nd Avenue NE spoke in objection to the extension of Fir Street due to safety concerns. Al Gwost of 407 Gumtree Street East again stated that if Northland Drive is constructed, Fir Street should · be extended as a straight street from 1 st Avenue NE to Northland Drive. In his opinicm the extension of Fir Street would help disperse traffic. Gene Janssen of 405 Gumtree Street East spoke in support of the revised street improvement. Jami Cobbs of602 - 4th Avenue NE spoke in support of the original design of Northland Drive as presented on May 27, 1999. Noah VanBeek of 600 - 4th Ave NE questioned if Fir Street is extended, how close will the proposed road be to the existing house on the SE corner of the intersection of Fir Street and 4th Avenue NE. Bettendorf responded that currently the house is 10 feet from the property line and the proposed road would be. an additional 10 feet from the property line for a total of 20 feet. Joe Miller of 30928 - 1't Avenue NE stated he would be supportive of Gumtree Street East eventually connecting to County Road 133. Connie Bonacci of 601 - 4th Avenue NE requested the Council installstop signs at the intersection of 4th Avenue NE and Fir Street. Those present also questioned whether the tracks can be removed at 1 st Avenue NE. Hiemenz and Bettendorf stated that all though the tracks are not used, BN Sante Fe will not release additional crossings. Once the tracks are abandoned, the rights are transferred from BN Sante Fe to MNDot. Additional crossings may be to negotiated although they are difficult to secure. · 'f . UNOFrIAL I .. . Ehlert sated that he supports the revised plan and feels the development is better served with the extensin of Fir Street to Northland Drive. In his opinion the proposed street design will disperse traffic , evenly. Twit concurred with Ehlert. i i i Nieden ,uer stated she agrees ';'Vith the original street plan presented on May 27, 1999. The original plan designe~ Guntree Street to be 1acollector street. Further, it is her understanding that the proposed streets were part of the preliminary, pilat presented and approved in 1991. Niedenfuer expressed concern for safetyïf Fir is extended. The ,safety concern being the grade of the road and the potential for limited viSibiliJ' of bike & pedestria9traffic. , In addition, Niedenfuer did not feel it would be right to change the locatio of the road and to construct one 20 feet from an existing house. Loso ~tedthat he feels that ~e City shoul<l coostruct Northland Pnve a\this tune. He does not feel that the Ci . will be able to negotiate right of way from the property owner south of 4th Avenue SE if Fir S .¡, d d ' treet f exten e " , Betten orf stated that from J engmeenngviev/ he recounnendstheCouncll approve the ongma1 street design s presented on May 27, 1999. While the proposed redesign looks good on paper, from an engineering standpoint it doe~ not. The physical contour of the terrain will make the road difficult to construbt and maintain. Bettendorf stated that the road can be constructed but it is his opinion that the City wÙI not be happy with t4e results. NiedeJuer made amotion aJcepting the following resolution; seconded by Twit. . Resolut~on Ordering Improvement and Preparation of Plans WHEREAS, a resolution of the City Council adopted on the 15th day of April, 1999, fixed a date for a c uncil hearing on the p~oposed improvement of 6th Avenue (Northland Drive) from CSAH 75 north to, Gu tree Street by the follÓwing: Rural road section with bituminous surfacing from CSAH 75 north tothe eginning of the Northland Addition with a road width of 36 feet; and bituminous surfacing, .curb and gurter, water and sewer £tom thebe ginning of the Northland Addition north to Gumtree Street; and the construction of a new section of 5th Avenue NE and Fir Street to, include bituminous surfacing, curb andgu ter, water and sewer. ! , ANDWHEREAS,'t~n days' mailed notice and two weeks' published notice of the hearing was given, nd the hearing was he1dthereon on the 27th day of May 1999 and continued on June 15,1999, at which 11 persons desiring to ,be heard were given an opportunity to.heard thereon. NOWTHERËFO~,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST.JOSEPH MINN SOT A: , l. Such improyement is hereby ordered as proposed in the Council resolution adopted the 15th dayof J?ne 1999. i 2; Joe Bettendörf ofSEH.RCM is hereby designed as the engineer for this improvement. The engineet shall prepare plans and specifications for the making of such improvement. Discussion: It was {he opinion of the Council that the alternative design plan submitted by the . Engineer was the preferred design. However, physical constraints such as steep road grade, restrict the City frOll1.designing the road as such. , The Council agreed to refer to the Planning Commission' the feadibility of preserving a corridor in the Brandenburger andRothfork properties for afutufe street connecting from 4th Avenue SE to 6th Avenue NE (Northland Drive). , 1 g . UNOFFICIAL Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso . Nays: None Motion Carried 5:0:0 Ted Schmid of Avon Lumber One stated that as a developer he could not have marketed lots if the development included a street with a grade of 12%. Further, he stated that he has talked tothe Rothfork family and at this time they are not will to sell the property south of 4th Avenue NE lying adjacent to the Northland Addition. Graduation Weekend Festivities: Hiemenz stated the he met with the Police Chief and City Attorney regarding the festivities that took place on College A venue the evening of May 21, 1999. As a result of that meeting, Hiemenz is requesting the Council pursue the following: 1. The City and its representing legal firm of Rajkowski Hansmeier Ltd. Will be fully prosecuting any and all student misconduct offenses. Serious offenses will be referred to , the County Attorney for felony prosecution. 2. Parents/Guardians [home address], will receive notice of any citation/arrest issued to all students. 3. The City requests the Colleges of St. Benedict and St. John's University to implement a two (2) strike or three (3) strike "you are out" rule. A student with multiple convictions for misconduct offenses would be removed from the college. 4. Students arrested for engaging in a civil disturbance during the last week of school be prohibited from participating in commencement exercises. 5. The colleges discontinue the disorientation party and replace the event with a parent- student dinner. 6. The Saturday afternoon graduation be moved to 8:00 or 9:00 a.m. Saturday morning . following the parent-student dinner. 7. A survey completed by area cities in April 1999, indicates that the City of St. Joseph is short two (2) full time officers, one part-time officer and one clerical stafffor a city of our size and exposure. The City recognizes receiving financial support for fire protection from St. Benedict's, and in the past both colleges contributed $ 2,300 each for three (3) years for one police officer in the Fast Cops Program. We also recognize there is no other financial assistance to the City proper or the taxpayer to pay the cost of law enforcement necessitated by the student population. We propose the two colleges split the City's cost of hiring and retaining one additional full time officer. [To hire a police officer would be roughly equivalent to the tuition of one student at each college.] 8. The next year [2000], both colleges pay the cost of extra enforcement officers to assist the City in curbing any illegal activities that may take place the evening prior to graduation. 9. The Mayor, City Attorney and Chief of Police meet with Officials from both Colleges and address these issues and report back to the City Council with other proposed solutions. Loso had the following comments: does not feel the City should use the term "student", as everyone is responsible for their actions; questioned whether or not it is legal to send notices to the parents or guardians; questioned the inclusion of additional police staff as he feels that it is a separate issue. Niedenfuer hadthe following comments: encouraged the Council to research what other colleges/universities do to prevent party activities during the last week of school; requested the bar owners become part of the discussion in looking for alternatives, including a no drink special effort. . {;, " I UNOFFICIAL , . Ehlert L the fOllo,,:ingComLnts:agrees with Councilor Loso that the term "sh¡dent"shou1<l not hc used; itfm # 3 has some med and should be researched further; does not agree with preventing students from P!rticiPating in commencement activities if they participate in a civil disturbance the last week of school; . is of the opinion that :the only alternative to the disorientation party is to discontinue it; does not agree t moving commencement ceremonies; additional police staff is a separate issue; agrees the college~ should pay for the cdst of extra enforcement the week of graduation; encourages communication I, ,. ., . ., . betweer the City Council anq College representatives. Twit h~d the following com~ents: . it ishis opinion that only the first suggestion is enforceable as the remaining eight (8) items req~.úre action on the part of the CollegelUniversity; questions whether sending notifict1tion to the parent/guardian is legal; agrees additional police staff is a separate issue. Hiemc. zc1arified thath. e alo~..!g with the City Attorney and P?li.ce Chíefcompi¡',dthe above. suggestions for the urpose of discussion Only. The events that took place on May 21, 1999 were planned and the police fere aware that an ev~nt was to take place about 1 :30 a.m. With that in mind the Police prepared a list of preventive measures. I , The primary objective of the department was not to have any participants or polire officers injured, disþurse the crowd in a quick and efficient manner and to not have any charges of excessive force. i Ehkrtgade a motionto.see~UlPut1Ìom community members sitting in the crowd; seconded by Niedejfuer. I Ayes: Hiemenz, T'Yit, Loso, Niedenfuer, Loso Nays: None i Motion Carried 5:0:0 . Dorisohnson of 3?- 1" A v~nue NE requeste<ltþe Council take actiONO 1top part;',e)ate<l.cti vities and acts ofvandalism. Johnson s;tated that she lives in close proximity to the LaPlayetteandas she could not Sleep~ue tothe noise, she walked to the La PIayette. , Johnson stated she was appalled at the behavior of the s tu entsand as a tax paYe.r.:.. she is tiredofpaying for the.resu. 1 t,ing .d.a ma ge.. Sh.e. stated atonepOI.·n t..th e flames from the sofa fire were as high as the two story building on theNW corner of Minnesota Street and C lIege Avenue. John~on requested the following: 1) the Colleges should pay for one Police Officeí; 2) if the College purchases a single family home they should continue to pay property taxes; 3) the Cio/ Council should pass¡ an ordinance prohibiting drink specials, similar to the Ordinance passed by the City of St. Cloud; 4) the City should pass a Keg Ordinance similar to the one passed by the City of St. CIOUd1;5.) the t.otal co.st of the..... eve nto. nM ay21 should be..tr. ok ed. an. d rel'm ,bU r sed. by the College of St. Bened ct andSt. John's University. " ' Dick aufen of 32 - 2ndAvel1Ue NW agreed with Doris Johnson and requested the Council take action to put an lend activities such as fhatwhich happened on May21, 1999. Taufen stated he is tired of the perso{al property damage al1d something needs to change before someone gets hurt. , Jim H rdwickof 21 - I st Av~nue SE and Dean of Students, SID, stated that the City and College have been orkingtogether oveqhepast years tóminimize end of year acovities. However' h¢ offered the fOllOWEing: 1) The City needs to actively enforce and fine students during the entire school year for unacc ptable behavior and nptwaituntil graduation weekend. The City should look at increasing sancti! ns. and make the. p~na,lties tough.er; 2) Seniorpisorientation has been ~han~ed at th~request of the CIty. i IS year the majontyjofthe semor class was m attendance and the majorpnze drawmg was held off unfil 1 :30 a.m. Howeve~, the Del Win could not compete with the downtown liquor establishments as they could drink cheaper downtown than at the Del Win; 3) The College is willing to look at restricting partic~pation in graduation attivities; 4) The City should consider blocking off College A venue the . eveni g .before graduation. fIardwickstated .it is. his opinion ~hat the students whe~they leave th~.bars are 10' kmg for a place to say goodbye to theIr friends. Blockmg off the street would allöw them:~he i ' .. 1 ! I ~ I ! .' . UNOFFICIAL opportunity to do so; 5) The Police Department should consider allowing the Colleges to use parts of the . video from May 21 for orientation. Niedenfuer suggested the Colleges use students that have received citations to speak at orientation each fall. Further, Niedenfuer stated that the College should find ways to get the students involved in the Community. If students feel they are part of the Community they may not be as willing to be destructive. Franz Kitzberger of 11 Minnesota Street East spoke in objection to the manner in which the activities of May 21, 1999 were handled. He stated the following concerns: 1) He has had an opportunity to review the Police Policy Handbook and in his opinion the spirit, intent and some ~nforcement policies of the Police Policy Handbook were violated; 2) The Police Chief should be present during activities such as, the one that took place on May 21, 1999. It is his understanding that during the past 3 years Chief Lindgren has not been on duty when the bars closed the Friday before graduation. 3) If there is a fire, the Fire Department should be called. In 1996 the Fire Department was called even though there was no fire. This year however, there was a firè and the department was not called. 4) Kitzberger stated the City Council should be made aware of a serious incident before the department issues a press release. Mary Geller, CSB Dean of Students stated that in the past the College and City have worked together on student issues. However, she is disappointed that the Mayor has prepared a draft of possible solutions to , a College - City problem without notifying the College. The College is interested in being a partner with the City and this cannot happen without communication. Hiemenz stated that the draft presented to the Council at this meeting was for the purposes of discussion only. The Council must be part of any recommendations and the draft presented was to secure comments from the Council to present to College Officials. . Steve Frank of 606 Birch Street West encouraged the Council to contact other Colleges and request information as to party problems and remedies. Frank also encouraged the Council to meet with the Presidents of the College/University directly. Lori Pfannenstein of 221 Ash Street agreed with Doris Johnson and encouraged the Council to have stiffer laws and penalties. She also stated that if the problem is alcohol related then deal with that problem. For example, the City could look at prohibiting drink specials and take measures to assure that minors are not being served in the local establishments. Hiemenz stated that the City does not have control on the penalties issued by the Court system. Art Reber of 110 College Avenue North requested the Council take action to stop activities associated with graduation weekend. Reber stated it is his opinion the students are out of control and the Council needs to take action to stop the behavior. If the problem is alcohol related the City should look at closing the bars the Friday before graduation. Reber stated that he too had the opportunity to watch the activities and was appalled at not only their behavior but language as well. Peggy Loso of 24 College A venue North requested the Council take action to stop the activities associated with graduation weekend. She stated that the noise levels are unbearable and she is tired of her property being vandalized. Mayor Hiemenz thanked those present for their comments and suggestions and stated the Council will continue to review the situation and meet with the Colleges to explore possible remedies. Architectural Services: Weyrens reported that the requests for Architectural Services have been . forwarded to 12 firms with a submission deadline ofJune 23, 1999. The Council agreed that the Council 1 . . UNOF ICIAL . as a wh?le along with the Building Official will interview the architects. Twit made a motion to schedule a speci~ meeting for July 7, 1999 at 3:00 p.m. to interview architects for the proposed remodeling of the First St te Bank building for future City Office facilities and the City Hall for the future Police Station. The motion was seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None 1 Motion Carried 5:0:0 , Due to 1he late hour the Coun9il agreed to table the following items to July 1, 1999: 0 Rezoning - Highway 75 Corridor 0 Central MN Events Center 0 Council Reports Adiourn:: Loso made a motion to adjourn at 10:50 p;m.; seconded by Niedenfuer. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso Nays: None . Motion Carried 5:0:0 C-'--~'i ..'~-?/ctý ¿~æ4 / " < / C Judy Weyrens Deputy Clerk . . S SED. RCH ST CLOUD -+ ST JOSEPH 141 001 . GOD Fl1Inklin Avenue NE, P.O. Box S1; 51. Cloud. MN 56302-0051 320.253.1000 320.253.1002 FAX archituturl . tnginuring . I'lJuirønmlllttzl . ' , transp,jrt(tflln St. Joseph, Minnesota ' , 1999 Mobile Generators A-STJOE 9907.00 , J Mayor and Membcrs, of the City Council: BidS we..e opened in the City Hall at 11 :00 a.m. on Friday, June 25, 1999, for the above-referenced. . imp~ovement. The low bid;was submitted by Cummins North Central. Inc. ofRoscville. Minnesota. A complete tabulation of bids is enclosed. Several "deduct items were also included in the bid. In ~y opinion, Cummins ~orth Cenb:al, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their base bid of $64.760.50, and that no deduct items be aççerted. , We ~ have a small electrical package to quote., which involves a manual transfer switch for Well HoUM: No.3 and a generator receptacle for Well House No.4 (old Well House No.2). Quotes fOT this rrk should be obtai~ed in July. The estimated cost for this work is 57,000. PIT contact me i~YuU h8.ve any questions. ~~ ph R. Bettendorf, P.E; Cl Ensi...., djg Ene osure (Bid Tabulation) '\V:~.!'!I.~ ! . Olfioes looated throughout the upper Mldwe.st . : ' Equal, Opportunity Employer ,., tit !Hip JII" plat!, duign, ani 4dúeu. 08/29/99 18: 7 FAX 320 2531002 SED. RCHST CLOUD ~ STJOSEPH 141 002 'ouo' . 1!ðII'IIAAIJ(UN¡01IIf_.J'.ð 8ðI/JI.sr.eLaln:!.""'_' ~_.""" _;.oHm TABULATION OF BIDS I h«rbr.... tø fIM Þn:r 1It"",",,~ rlMr M,. .rme""'__",,,..__._....,. "I\OJI!tT t.IO.; A.$T JOI! M07.Oð ~;~ß'!!.L HAM&: 111111110ÐLE oaIERATORS OWNER: ST. JOSePtf, 'OJ IiIID tlA~ JIINIõ 26, 18911@tt:flOAM. 1 2 I OUTIIMlNS N œH1"AN.. ZII!GlfR POIo'VI!RSVS1mIS . KATOUGttT CORP. m;M CUAHmY tJNIT DESGM' (JON ._~~T WTAL UNIT COST TOTAL UNIT COlT TOTAL 1 1.00 U. ,TftAIW' MOUNT!!O PORTAet.E c30,1I8.oo cao,118.ac 131.217.12 4~1,21't .12 S32,1I7Cl.27 nZ.870.27 131!.2S1.00 t:lS,231 ,00 150 KW (~TO~ sa 2 1.00 iA TIIAIUII MOUNTI!IJ PQIIT....'lE 133.015.00 '33,~ 6.00 $33,<483.38 133.463.21 Øa.2S0.84 $22,2iO.14 S36,t¡16.00 .nl,A'78.00 1(10 IIW OeNellATQft SET GftAND TOTAL DID $II3,HO.OO I $G4,'IGG.5G I H4i.zc;1.11 $7i,SW,w AL'lERNAT!S A 110 t.w GENAl&. TOR SliT WITHOUT TRAIL ER (45,580.150) (UI,3oo.1141 NOBIO B 100 KJN GENERA TOR BET W!11iOUT TRAILER IIØ,G$O.5g! 148.300.114) NO lilt) ç 8Q 'f,W G5NliAATQFI $iT WrrtlOI,lT Tl'lAII,iA OR e¡CL. 1$8.884.18) 1$7,888.:'.101 NO SlIJ 0 100 r.w GENeMTOR SET W!11iOUT TRAIleR OR eNL~ (1&.'1;14.18' IH.3/W,3Q NO 6ID ao KW GENERATDR SET WITH COWL S,LENCEA $1.35<1..ð8 '00 KWG!N!M TOR 6ET W!11i COWl 31LENœfI 41.354.88 !lOTI!: "WNlD WILL eI! eAsm 01\1 TOT& 1\10 PAlC!! PLUS OR MINUS ALTERNATI!!I SELECTED ElV THe OWN~II ""10" TO AWAIIO. . . "IITAI,W~