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1999 [08] Aug 05 {Book 17}
. CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 St. ,Joseph City Council (320) 363-7201 August 5, 1999 Fax: 363-0342 7:00 p.m. , 1. Call ~o Order 2. App~ove Agenda MAYOR 3. App~ove Minutes- July 1. and July 15, 1999 Kenneth J. Hiemenz 4. Consent Agenda , a. Increase annual salary for City Assessor based on nineteen new properties CLERKI which have been annexed. Requested annual increase $164.92 (Based on $ ADMINISTRATOR 8.68 per parcel) Rachel Stapleton b. Authorize purchase of seven cases of ammunition for the Police Department at a cost of$ 149.00 per case. c. Application for payment #5, Randy Kramer Excavating in the amount of COUNCILORS $ 25,460.08. (90th and 91st Street Improvement Project) Bob Loso if" 5. Bills! Payable, and Callouts it Department Head Reports M' Niedenfuer 6. 7. Public Comments to the agenda 8. 7:20p.m. Department Head Reports 9. 7:30p.m. City Engineer Reports a. Pond View Ridge Update b. 1999 Street Improvement c. 1999 Utility Improvement Projects d. 6th Avenue NE -- Change name to Northland Drive e. Mobile Generators f. Outlot A, Northland Addition 10. 8: 15 p.m. - Review and adoption of the revised Zoning Ordinances 11. 8:45 'p.m. Jeff DrÖwn, discussion on a proposed multifamily development on the former Krebsbach Chevrolet site. 12. Reviþw final draft of the Employee Personnel Policy Manual 13. Mayor Report 14. Council Reports 15. Clerk! Administrator Reports a. Contract for Architectural Services, Grooters Leapoldt Tideman . b. Worker's Compensation Deductible 16. Adjourn · · · I I 1 , i . I MEMO I I Date: July 31,1999 I I To: Honorable Mayor Hiemenz and Members of the Council 1 ¡ Fro : Judy Weyrens I Re, Meeting Informatir ,Min tes: Please note in reJiewing' the minutes that I, used a different format. Instead of listing the, vote call ~r each motion I used h statement that the votewas passed unanimously. ,Also, you will notice that all the motions areboldfacdd so that they can be referred to easily. I am just throwing this format out as an 0 tion and can convert them to the old format if the Council wishes. I Ordi ance U date: Please p.nd in your packet the proposed Zoning Ordinances. Their will be some corrections that need to be made but we hope to adopt the Ordinances on Thursday. T I ' ' - J effIDrown: Jeff Drown is ion the agenda for open discussion on constructing a student rental unit on the formbr Krebsbach site. It i~ important to remember that in order tò do so the property will need to be rezoded to R-3and a speci~I use will be required or a variance onthe amount of commercial space willbe . requ¥ed. Either way a public hearing will be required. In discussing this matter with John Scherer it is important for the Council t6 remember that the Council cannot indicate that they would approve a plan. I ! Pers nnel Polic Manual: Unfortunately I have run out of time to getthe manual in your packet today. However, it will be deliverbd no later. than Monday evening. ¡ , 1 GLT Contract:, The contract has been forwarded to JohnScherer for his review and comment. He stated that be would provide a written opinion before the Council meeting. Further, before the City can enter into ~n agreement written agreement with GL T, the City needs to finalize the purchase agreement with the ank. ¡ I I 1 I I I , I , I 1 , i ! ¡ i I I . I . . . . i ¡ 1 I UNOFFICIAL . Pursu nt to due call and notice thereof, the City Council for the City of StJoseph met in regular session on ~rsday, July 15, 1999 'at 7:00p.m. in the St. Joseph City Hall. I Mem ers Present: Mayor KbnnethJ. Hiemenz. Councilors Ken Twit, Bob Loso, Mary Niedenfuer, Cory Ehle . Deputy Clerk Judy r eyrens. . Others Present: Gary Heim,IKaren Heim, Gary Heltemes,Jack Pelzer, Jeff Palm, Steve Streng, Jennifer Wirz, Chad Carlson, Art Reþer, Kevin Kosel, Ellen Wahlstrom, Julie Nelson, Matt Kyle, Angeline Dufner, S. Phylis PIantenberg, Jeff Schlingman.. APprLe Agenda: Losoma~e a motion to approve the agenda with the following additions; seconded by Twit and passed unanitnously. Consent agenda 3 (d): Clerk's Orientation Conference to beheld August 17 - 19. Requested action: Authorize a~endance of Cari Schmidt and pay registrationfee of $ 75:00 , I I 14.1: Director of¡Public Works equipment request I .... , , Cons· nt Agenda: Loso made a motion to approve the consent agenda as follows; seconded by Ehlert . ·1 and assed unammously. I a. Exemptionlfrom Lawful Gambling for an event to be held on September 15, 1999 atl the La PIayette Bar & Restaurant. The eventisa fundraiser for the Watab Creek Whitetail Deer Hunters Association. b. Banyon D~taSystem Utility Billing, Fund Accounting and Payroll Windows Seminar to . be held on August. 5, 1999. Requested action: Authorize attendance ofJudy Weyrens and Mary Gené1rousandpayregistration fee of$ 75.00 each. c. Accept j ob ¡description for the position of Police Secretary d. Clerk's Orientation Conference to be held August 17 - 19. Requested action: Authorize attendance lof Cari Schmidt. and pay registration fee of $ 75.00 1 A rove Minutes: Twit m~de a motion to approve the minutes QfJune 7, June 19, June 23, July 7 and uly 8,1999 with the followingco....ections; seconded by Loso and passed unanimously. July 8,1999: Correct the amount of the Department of Justice Grant to$ 35,390.00 1 July 8, 1999: The motion authorizing the hiring of part time Patrol Officers is rewritten to read as follo~s: Niedenfuer made a motion authorizing the, use of part time officers to be paid at. a rateof$13.26 per hour. 'The part time officers will be utilized to cover hours left uncovered due to the resignation of Officer Bill (approximately 36 hours). . Twit seconded the motion. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. I Nays: None Motion Carried 5:0:0 June 7, 1999: The date for deferment. should read the year 2000, not 1999. I Discussion: Twit questioned why the Council has not received the minutesfor the July 1, 1999 Council meeting a~ which Weyrens stated she ran out aftime. The Council expressed concern that all the issuesfrom the past meeting were addressed. I I Public Comments to the Agenda I i . i Ga Heltemes, 30309 - 90th Avenue approached the Council regarding the 1999 Utility Improvement project. ,Heltemes stated tHat the residents have not been happy with the project and especially since the final bituminous wearlift Has been constructed. At this time Heltemes presented the Council with i UNOFFICIAL pictures of drainage problems on 90th and 91 st Avenues. Heltemes stated that it is his understanding the . water is intended to drain south to Lynx road and then west. However, he stated that it is his opinion that drainage cannot occur due to the elevation ofthe road. The road does not slope to the south creating drainage problems. Further, Heltemes stated that there concerns were expressed before the final lift was constructed. Jack Pelzer of 30392 - 90th Avenue approached the Council regarding the 1999 Utility Improvement Project. Pelzer stated that he is not satisfied with 90th Avenue as it is currently constructed. He stated that before the construction project he did not have a water problem. However, since the project, water collects and pools in front of his mailbox. Pelzer stated he does not wish to have an ice patch in front of his mailbox during the winter months. He too stated that in his opinion it is obvious that the road does not have the right slope and water will not drain properly. Pelzer stated that he does not want to pay for an assessment when in his opinion the project is sloppy work. Jeff Palm of 30336 - 90th Avenue approached the Council regarding the 1999 utility Improvement Project. Palm stated that he is,concerned with the drainage on 90th Avenue and in his opinion the Utility Improvement Project created the problem. Palm questioned the integrity of the road during winter months during times of water freezing and thawing. Palm stated that in addition to the drainage problems, a resident's driveway was constructed crooked. The residents in the improvement area feel strongly that they have not received a quality project and they do not wish to pay the assessments as if they had. Palm also questioned the intent of the Council and what type of response the residents in the project area can expect. Kelly Beniek of 30308- 90th A venue approached the Council regarding the 1999 Utility Improvement . Project. Beniek stated that she has not been impressed with the conduct of the sub contractors. In her opinion they did not have respect for private property and were very rude. Brent Mellesmoen of 30343 - 90th A venue could not be present at this meet and submitted the following written testimony: "90th Avenue has many water spots standing - some of them are rather large. Over the years with the changing seasons in Minnesota, I am concerned with the condition of the road will be." Hiemenz stated the City Engineer will be contactedregarding the issues presented at this meeting. Julie Nelson of 1005 Dale Street East approached the Council regarding development concerns in Pond View Ridge. Nelson stated that for the past two years she has had to deal with eroding clay from the Pond View Ridge Development. She stated that she has been contacting the City and the Developer and no one is willing to take ownership of the problem. Nelson does not feel the neighborhood should have to continue to incur costs to cleanup a problem which is created by the developer. Nelson also stated it is her understanding the developer of Pond View Ridge is ,planning to begin the sixth phase this fall. She stated that many trees will have to be removed for the new phase and stated that the clay problem will continue unless something is done. Also, she questioned how the City can continue to let the developer subdivide new phases when the old phases are not yet complete. In an effort to resolve the problem Nelson suggested the Council consider including a requirement in the Developer's Agreement that within 30 days of constructing a home the property must be sodded or seeded. This would help prevent erosion. Niedenfuer concurred with Nelson and stated the Council needs to take action to correct the problem. Twit stated it is his opinion that the City should not allow the developer to proceed with another . phase when three prior phases are not complete. He too concurred the City needs to take action to resolve the matter. ! UNOFFICIAL I . Hiemenz stated thatl he is aware of the problem and discussed the matter with the City Engineer. Within the next we~k the developers along with City Officials will meet to discuss the problems in Pond View Ridgç. Bills ayabIe & Overtime: Loso made a motion to approve the bills payable, check numbers 27096- 2713'; seconded by Ehlert and passed unanimously. Discussion: Ehlert Iquestioned the payment to Randy KramerExcavating (1999 Utility Street I Improvement) and if the City is withholding enough funds for possible corrections to 90th and 9 ¡Sl Avenue. Weyrens stated that the City has not made the final paymentfor the project and a . contingency is part bftheproject. I I Nied nfuer made amotio~to approve the overtime as presented; seconded by Twi~and passed unan mously; , Discus,sion: Twit qfLestioned the 2 hours of overtimefor Officer Gustin regarding the noise violation hearing. iHe questioned whether both Officers needed to be present. ' LÙidgren I .. .. responded that the City Council needs to determine if they want all Officers involved present at a noise violation hea),ing. Having all parties present diminishes the possibility of those cited to make charges agaiJst the Officers as both Officers would be present to refute such. testimony. Hiemenzstated tha/in discussing the matter with the City Attorney, the Council is acting as judge and jury and lall witnesses need to be present. The setting at the Council is the same as court. Loso stated'that itishis understanding that the Council only needs to interview witnesses if the landlord has *equestedan evidentiary hearing. , , . Trea urer's Re ort: W eyre~s presented the 2nd Quarter Treasurer'sReport. The report includes all expe ditures through June30, 1999. As soon as the revenues are posted Weyrens stated that she would give he Council the status br all the funds. Loso clarified that the information presented to the Council is th sa111e informationpre~ented to department heads for preparing the·Year 2000 budget. Loso'made a moti n to accept the 2nd Quarter Treasurer's Report. The motion was seconded by Twit and pass d unanimously by th'ose present. Police Chief Reports I Offiaer Resi ation: LindJenreported that he has received a resignation from.officer Jason Dahl. Loso mad a motion to accept the resignation of Officer Jason Dahl, effective July 23, 1999; seconded by Twit and passes unanimoµsly. I 2nd guarter Report: Lindgr¢n presented the Council with the 2nd Quarter Police Report. He stated that he will . e workmg wIth the Cable CommlsslOn to see If the Quarterly Report can be broadcast on the cable acce s channel. During tHe pastthree months Lindgren reported the following statistics: ,900 Incident Com laint Reports were used; 279 persons were arrested; and, 81 parking citations were issued. ! I 1 As i dicated in the Police Report, Hiemenz reported the Department has received the following con atulatory notes: apprbciation from theCSB Blazers; appreciation from CSB SecuritY Director for ilie re work of Officer~eyer;conwarulations to Officer Gustin for effective <lep10yment of ilie STOP STI IK;appreciation from MDS to Chief Lindgren for his fund raising efforts during the recent Lock Up; appr, ciation from residents to Patrol Officers Gustin, Young and Chief Lindgren; the Department . reCei¡ ed the Governor's Traffic Safety Award. Lind en reported that he c~ntacted iliesurroUJ1dîng ~o lice agende, notifyingiliem of ilie availabilíty of part ime patrol hours withtt. Joseph. At this time one officer has committed to working for the City of St. J 1 seph on apart time b sis., , I 1 1 1 UNOFFICIAL . Ehlert made a motion to accept the 2nd Quarter Police Report ,as presented by Chief Lindgren; seconded by Niedenfuer and passed unanimously. St. Joe-Cold Spring Veterinarv Clinic - Special Use Request: Weyrens presented the Council with information regarding the Special Use Permit of the St. Joe-Cold Spring Veterinary Clinic. The Clinic is requesting a Special Use Permit to expand their existing business to include an equestrian medical facility and to add storage and office space. The building will be a structural steel building withrockfaced colored concrete block on the west lower section, facing County Road 75. The upper portion of the building will be prefinished metal siding to match the existing clinic. Further, to accommodate the equestrians, the middle of the building will be two stories in height. Ehlert stated that during the public hearing before the Planning Commission, the Clinic agreed to provide landscaping for the portion of the building facing County Road 75. The landscaping will consist of trees and shrubbery. Twit questioned if they will be sprinkling the property as isrequired in the new Zoning Ordinance governing property zoned B-2, Highway 75 Business. Carlson stated that since that Ordinance has not yet been approved they are not required to meet that requirement. Loso made a motion to accept the following Resolution of Finding as recommended by the Planning Commission and approve the Special Use Permit as requested. The motion was seconded by Ehlert and passed unanimously by those present. The request of the St. Joe-Cold Spring Veterinary Clinic for a Special Use Permit carne before the . Planning Commission at a public hearing held on July 7, 1999. The purpose of the hearing was to consider issuance of a Special Use Permit. The permit is being requested to allow the construction of a new equestrian medical facility. St. Joseph Code of Ordinances 52.21 subd 2 states that all Industrial uses shall require a Special Use Permit. The property is legally described as: The Southeast Quarter of the Northeast Quarter of Section Ten, Township One Hundred Twenty Four, Range Twenty-Nine West. The request for special use has been submitted by the St. Joe-Cold Spring Veterinary Clinic, Rick Bohlman, 809 County Road 75 East, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City ofSt. Joseph, the Planning Commission makes the following. findings: The proposed use is consistent with the standards for a Special Use Permit as stated in St. Joseph Code of Ordinances 52.8 subd 4 ( a-k). St. Cloud Area Economic Development Partnership (SCAEDP): Jeff SchIingman, Executive Director of . the SCAEDP, stated the Board of Directors for the Partnership is in the process of evaluating the policies and programs ofthe SCAEDP. The evaluation is being conducted to improve the, quality of services offered to the partners and increase the value of membership. The Board of Directors is requesting all UNOFFICIAL . ' ' the p rtners to participate iJ a Benchmarksurvey; This survey is designed to gauge the familiarity of partn rs with regard to the drganization and to provide partners an opportunity to comment on services, polic~es and issues. The b6ardwilluse the information gathered from all the partners to make any necefary changes in ilie patmersWp' smission, poltcies or programs. Schlin~an presenwd ilie Council with he Benchmarksurvey~ and requested they participate. : Farm rs' Market: EDA Di~ector Chad Carlson stated that he is part of a committee working on ~ishinga Farmers' Market in St. Joseph. The Farmers' Market is being sponsored by the Minnesota Projeft The committee ha$ explored numerOus siws, but encoontered one ubstac1e ~ ltabiltty msurance Ther fore, the committee islIooking at placing the Farmer's Marketon the property jointly owned by the City, ndTownship of St. JQseph at the corner of 4th Avenue NE and Minnesota Street. Carlson stated lliatt Cooncil,,"eived a tetter fromilie CityAttomey regarding ilie ltabilItyissuesand reco endations to limit e~posure. 1 Angeiline Dufner approache;d the Council regarding the mission statement and value of the Market for 8t. JoseBh. The mission statetpent ~s as follows: TheSt. Joseph ~armers' Mar~et is a locally based market deve loped to serve.the CommunIty of St. Joseph both economIcally and socIally. It connects local farm rs with local consumets directly emphasizing the relationship of the community to the local land. The '1. JosephFarmers' M~rket celebrates and strengthens.the local community by bringing local citizens' toget er to interact, for exchange and to develop directrelationships. ! Matt Kyle, intern with the Minnesota Project, approached the Council to discuss site selection and market info ation. Kyle stated that the committee chose the site on the corner of 4th Avenue NE and Minnesota . Streeffor the following rea~ons: 1) the City could provide liability insurance for the market; 2)the site bas fh visibility from bot» Minnesota Street and CoontyRoad. 75; 3) adequaw parkiog is available, Kyle sæted tlillt he has ta1k,d to ilie acûng FrreChief regarding iliesiw andmdicated tlillt lliere should not be a . onflict with the Fire qepartment and Farmers' Market. However, the acting Chief requested the Fire· hiefbe contacted befpre a final commitment is rendered. Kyle stated the pending approval of the City FounciI the first grow~rs meeting will be on July 19, 1999 with an anticipated start date of August 19, 1~99. The hours ofthe!Farmers' Market will be as follows: Every Thursday from3:30 p.m. to 6:30 p.m. retweenAUgUst 19 an! September 9,1999. ¡' Loca¡l grower Joyce Salzer approached the Council to discuss the need for the Farmers' Market. Salzer state: that the addition ofaiFarmers'Market would be a boost to the local farmers, providing them anot 1 er outlet to sell their Rroducts. The farmer would have an opportunity to sell their products without a thi d party involved. Sal:ter stated that the community needs to do something to recognize and support the 1 cal farmer, as without lit we will loose a part of our heritage. In addition to helping the local farmer, the r sidents will have an opportunity to purchase better quality food. Twit questioned who will function as the market manager. Kyle responded that the first year the Minhesota Project will senre in that capacity. However, it is anticipated that a local grower will fill the role f manager. . Kyle furt¡her stated that it has been proven that a Farmers' Market managed by a local grt is more succesSM. Wer¡;ensreported that the Township could not be presentatthismeeting but were supportive of the projc1. They suggested th~ Minnesota Project consider locating on the jointly owned property abutting CS:4; 75 and CR 133. ~e Township felt this property would provide better exposure and would not . dis9rb and existing lawn. !Niedenfuer stated the Minnesota Project preferred the site selected at the cornfr of 4th Avenue NEaI}d Minnesota Street as it ties more directly to a residential or community theme. ¡ ! ¡ I ! I ¡ UNOFFICIAL Loso made a motion to approve the request of the Minnesota Project to conduct a Farmers' Market . on the corner of 4th Avenue NE and Minnesota Street every Thursday between August 19, 1999 and September 9, 1999 from 3:30 p.m. to 6:30 p.m. Twit seconded the motion. Discussion: Twit stated that there should not bea conflict with the Fire Department and the south half of the parking lot can be used. There is a possibility the area can be designated to clarifY the area to be used. Lease Agreement St. Joseph Recreation Association: The Council reviewed the five year lease between the City of St. Joseph and the St. Joseph Recreation Association for use of the Millstream ballfieIds. The existing lease is expired and the Council needs to take action to renew the lease. Hiemenz discussed the provision whereby the City provides garbage services and the associated cost. Weyrens clarified that when the original contract was executed the refuse hauler donated the use of a dumpster, but since the. City has been charged $ 90.00 per month. The Council stated that the property in question isa City park and as such garbage should be provided. Ehlert made a motion authorizing the Mayor and Deputy Clerk to execute the lease agreement between the City of St. Joseph and St. Joseph Recreation Association. The lease is for a five-year period and will expire July 15,2004. The motion was seconded by Ehlert and passed unanimously. Old Business Environmental Study. Outlot A: Hiemenz stated that he discussed this matter with the City Attorney and he will present information at a later meeting. Personnel Policy Update, Organizational Chart: Weyrens presented the Council with a draft . Organizational Chart for the City of St. Joseph as well as samples from the League of MN Cities. The draft presented included the EDA Director, but not the EDA Board. The chart will be updated to indicate the EDA Board as an advisory board of the Council. Further, the EDA Board is responsible for the policies and procedures for the EDADirector and the EDA Director will be responsible to the Clerk! Administrator for day to day operations. The Council agreed that all departments will fall under the supervision of the Clerk Administrator. Twit made a motion to accept the organizational chart as presented with the above corrections (see exhibit A). The motion was seconded by Niedenfuer and passed unanimously. US West Wireless - Landscaping Requirements: Weyrens stated that the contract between the City of St. Joseph and US West does not include any requirements for landscaping. However, they have agreed to landscape as the City wishes. The maintenance department has requested the area be landscaped with only pea rock for ease of maintenance. Niedenfuer stated that the shrubbery can be planted inside the pea rock for ease of maintenance, Twit stated that the City does not own much property to the north and shrubbery could not be planted. .The Council agreed that the west side of the equipment installed by US West Wireless will be screened with shrubbery and the north side will be pea rock only. Niedenfuer agreed to serve as a mediator between the US West and the City if needed. Police Secretary Hire: Weyrens questioned the Council as to the process for hiring the Police Secretary. The Council agreed to authorize Chief Lindgren to establish a Hiring Committee to consist of one member of the Personnel Committee, Police Chief and a second member of the department, a member of the City Office and one other member at large, Clerk! Administrator Hire: The Council reviewed the proposed employment contract between the City of . St. Joseph and Carine Schmidt. It was his understanding the Council was concerned with the investment they are making with the selection of Schmidt and if there was a way the City could be assured she would remain committed toemployment for at least three years. Niedenfuer concurred with Twit and reaffirmed . I I UNOFFICIAl . thattfe City needs to prote~t theinvestrnentthey aremaking. Ehlert expressed concern regarding payment of severance pay if the City terminates Schmidt. He stated it does not make sense to pay an emPl1' yee, severance payshçmld the employee did not perform sufficiently. . i The ouncil agreedthatthe contract should include a non compete clause to cover a radius of apprOXImately 150 miles orlthe distance to the further metro suborbs if possible. Forther, the. Council reque sted the Mayor contact Schmidt directly to inform her that she is the candidate of choice and the Co uniCilW as oftheunders ta :'".,.n'd ing thatt he, Y, VI oul db e aI.lO W, ed to review the. con tract before, it was exec ted. : , Twit made a motion. authqrizing the Mayor to execute an employment contract between the City of St. J seph and Carine Schmidt;, seconded by Ehlert. I Discussiorz:Councilorsagreed that the revised contract wifl be forwarded to all Councilors after it is redrafted. CoJncil Members will have an opportunity to comment on the revised draft before execution. I E ui ment Re uest publìciWorks De artrnent: Public Works DirectorDick Taufen presented the folIo I ing requests: 1. '1989.Pickup (Used for Parks,. Streets, and WaterDepartrnents)-Requesfauthorization to repair the ti'ansmission at a cost of approximately $ 600.00 - $900.00 2. 1977 Ford F800 Plow Truck - Request authorization to have a new floor installed in the box.at a cohof approximately $ 650.00 to $800.00. 3. '1994 Fordt- Request authorization to trade in the vehicle at an estimated cost of $ 12,000 . to $ 14,00j'00. The I ouncil discussed the ~eed to replace the 1994 Ford and if it could be postponed one year. Weyrens state' that the Council had agreed to rotate the pickup trucks as are the, police cars in intervals of five year~. Twit m,ade, a, motið., nau, thoriZ, ing the expenditures Of, it, emSl,&, 2' as,' detai,le,dabove and wait one year before trading the 1994 Ford., ,Loso seconded the motion. ,.., , ,', Discussion: ,Twit clarified that ifwaiting one year to tradethe 1994 Ford will have a negative impact. TaU/eaSharld request the Caunci/ recansider. Mayors Report Refuse Complaint: HiemeT,lz reported that he received a complaintrrom Rita Douvier regarding garbage at 50p East MN Street., The complainant stated the garbage is frequently overflowing cause debris to scattr~ through the neighbothood. Ehlert made a motion requesting the City Offices send the pro~erty owner anoti~estating they are required to provide sufficient refuse service to meeHhe needs of the rental unit. The motion was seconded by Niedenfuer and passed unanimously by those pre~-fnt 1 Pond View Comp1.irlts: u\emenz reported that hereceive<l a complaint from Bill Nelson regar<lirtg the erosipn problems in Pond Yiew Ridge Addition. The City Engineer has prepared a punch list of items that need tobe, completed in Pond View Phases 3,4, and 5. , Hiemenz stated that a meeting will be esta1lished with City repre!entatives and the developers to he1preso1 ye unfinished items. Ith, venue Ri ht-of-wa :1 Hiemenz reported that he met with Ron Molus and representatives of the . ColI. ge of St. Benedict reg1arding the purchase of ROW to construct12U1 Avenue NE. End of School Year Festivities: The College has requested an opportunity to meet with the City Council rega . ding graduationweek~nd activities. The meeting will involve representatives from the Colleges, the I i I . UNOFFICIAL City Council and Police Chief. The Council agreed to establish a meeting on September 10, 1999 at2:00 . p.m. Councilor Reports TWIT Police Union Negotiations: Twit reported that he alongwiththeMayormetwith a representative of the Police Union, Sergeant Young and Officer Meyer on July 8, 1999. Future meetings will be,scheduled. EDA Meeting: Twit reported the EDA will be scheduling a special meeting on July 22, 1999 at 8:00 a.m. to discuss budgetary items. Loso stated that he has received complaints that the EDA meetings are not convenient f{)r the general public. He also s~atedobjection to the Board making amotion nottoteIevise the meetings; Loso stated they are public meetings , and as such should be telecast. Twit stated that the meeting time works for aU Board Members and there are some confidentiality concerns if the meetings .. are telecast. Niedenfuer encouraged thetelevising of the EDAMeetings as it would help increase awareness of ED A activity and promote a positive image of the EDA. Pond View Phases 3. 4. and 5: Twit stated that he, too has received complaints regarding the problems in the Pond View Ridge Addition and would support sanctions if that is the only way to resolve the issues. EHLERT Alcohol Compliance Committee: TheA1cohol Compliance Committee is in the process of establishing a . meeting date. The last meeting was cancelled due to lack of attendance by committee members. Casey's Store: Ehlert stated that he has received many complaints regarding the appearance of the north side of Casey's Store, facing CSAH 75. The EDA Director is working with Casey's to see what can be done to improve the aesthetics. LOSO Stop Sign Request: Loso stated St. Joseph Lab School Principal, .sue Scipioni, has requested a four way stop be installed at the intersection of Minnesota Street West and etAvenue NW. Scipioni stated the intersection has always been dangerous, but added danger has been created with the construction of a building on the NE corner of the intersection. Loso made a motion to request the Stearns County Highway Department control the intersection at the corner of Minnesota Street West and 1st AvenueNW with a four way stop; seconded by Twit and passed unanimously. NIEDENFUER MN SustainabiIity Committee: Niedenfuer reported that theMN SustainabilityCommittée,Network will be taping in St. Joseph on Monday. The tape will be used as aresource for future communities. In addition, a community meeting is scheduled for Monday, July 19, 1999 at the St. Joseph Community Fire Hall. Miscellaneous. and Announcement Items Joint Planning Committee: , Niedenfuer expressed frustration for notbeingmadeaware of arecent . meeting with the Area Joint Planning Committee as, she is an alternate to the Committee. Hiemenz stated that the meeting was short notice and they were just requesting clarification of material, including " . I I UNO~FICIAL . I I boun aries and. maps. Niedenfuer requested that the Council be informed of future meetings so they can partic pate if they so choose!. 1 Police Issues: . Loso questioned the status of the Police Department issues and if a meeting will be estabI' shed to resolve them.l Hiemenz stated that a representative of the Union, the Police Sergeant, a· . secon Police Officer and htmseIf will be meeting shortly to discuss the issues. Hiemenz stated that he will ;lport back to the COld!. Ad'o rn: Twit made a mo ion to adjourn at 10:15; seconded by Loso and passed unanimously. , , Judy Weyrens Deputy Clerk . . .. '" . . .. City o~ St. Joseph Organ ational Chart . Statut ry City - Plan A I I I I I I I I I I I I I I I I I I I I I I I I I I I Core I I Fire Advisory Planning Park Board Investment I Cable I Board Commission Advisorv I Commissio I I Health Advisorv Consultants: Engineer, Attorney, BId Official, Police Rental Housing Commissioner Inspector I EDA I Policy & Procedure Board . Clerk! Administrator Fire Police Chief Chief I EDA Director Sergeant Maintenance Maintenance Assistant Parks Streets Fire Chief Patrol Fire Officer Fighters I Deputy Clerk Administrative Finance Officer Assistant Reserve Note: The dotted lines indicate an Advisory Board; the solid Officers lines indicate an appointment for administrative purposes. The circles indicate elected offices and the rectangles (squares) indicate appointive offices. · · · , . v , i 1 1 1 UNO FICAL I I I . I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regulårsession o"!r'<!aY' July 1, 1999 at 7 :00 p.m. in the $1. Jo'eph Çìty.Hall. Mem ,. ers Present: Mayor Jenneth J. Hiemenz. Councilors Ken Twit,' Bob. Loso" Mary Nkdenfuer, Cory Ehle . DeputyCIerkJUdYfeyrens. Ci : e resentatives Present: City Engineer Joe Bettendorf;PoIiceSergeantJeffYoung; Patrol Officer Jean I ustin. I 1 Othe 8 Present: DaleSchneider, Diane Schneider, Kyle Schnieder, Jerrod Nelson, Nick Leonard ~ve A~enda: EhIert~de ~ motionjo ~pprove the agenda with the following addition; seCOredbY Twit and p~ed nnanimonslyby tl10se pre«nt. 9.1: Amendment ~o Ordinance 72 Noi, Violation Hearin~ba1e Schneider: Mayor Hiemenz,tated the Council has received notification that a noise violation wascÎted at 413 College Avenue North on June 13, 1999. The property is owned by Dale nd Diane Schneider. iHiemenz stated that the property owner has not requested an evidentiary heari£g. At th~stime Mayor Hiemenz requested the St. Joseph Police Officers responding to the noise complaint to dISCUSS the events. sergLt Jeff Y onng ,tated~e waS notified of a noi« complaint vi~SteamsiCounty Di,patch~t appr~ately2 :30 a.m. X oung along with Officer Gu'tin, re<pon<led 10413 College A y~ueNorthand . confi ed that noise, could be heard beyondthe property line. After approaching the house it was dete~ined there was a,gatllering in the garage with approximately 15 persons. The party was disbanded and ~ underage citations w~re issued as well as a citation.for possession of more than one keg. Young state that he approached tqehouse and discussed the matter with one of the five tenants and informed them that they were cited '-Yith a noise violation and the City Council would be notified. I Nick Leonard of413 College Avenue North stated that at the time ofthe alleged noise violation he was sleep ng in the house. He disputed the noise level and stated that there could not have been loud music as the g rage does not have oJdets so a radio or stereo. could not be used. Further, the garage door was close to help reduce the n9ise level. ' Leonard also stated that he and his roomates were not having a party and there were only eight people at the house. Twitquestioned if the tenants at 413 College Avenue North were not having a party, why were two kegs at the location. Leonard responded that the kegs were from a prior event. I ! Jero Nelson of413 College Avenue North stated that he does notfeeI the level of noise was loud enough to w rrant a violation. He stated that they may have been talking loud but does not feel the volume was excesive. Further, he statdd that everyone has a different tolerance level and maybe the neighbors repo ing the noise had a Io~er tolerance. Niedenfuer~espondedthatpart of being a member ofthe Communityis being aware and sensitive to the needs of the heighborhood. The neighbor that called the police is elderly and has recently had a stroke. Withlthat.in mind, Niedenfuer stated that the tenants should be more cautious and if thenoise permeate?,beyond the property line, then a noise violation is appropriate. i i Nels n and Leonard further stated that they were not aware of the Keg Ordinance and Noise, Violation . polic . They statedifthey'had been aware they would not have had two kegs in their possession. The Co ciI discussed theneedlto inform landlords and tenants oftheOrdinances of the City. Hiemenz stated that ! e and Chief Lindgreni each year speak at freshman orientation and discuss applicable Ordinances. , ! , I I . UNOFFICAL The Council was of the understanding that each year when rental license literature is mailed to landlords, . copies of the Keg and Noise Ordinance are included. Niedenfuer made a motion affIrming the following; seconded by Twit and passed unanimously. 1. A noise violation did occur on June 13, 1999 at 413 College Avenue NortÞ.. The property is owned by Dale and Diane Schneider. ' 2. This noise violation will ,be considered the first violation and any subsequent violations may result in suspension or revocation ofthe rental license and/or a monetary fine. 3. The property owner will reimburse the City for all costs associated with the noise violation to include police overtime, administrative and legal fees. Rob Theisen of 109 Ash Street West questioned who determines what constitutes a noise violation. Theisen stated he is aware of two complaints against 105 Ash Street West, but he is not aware of any violations issued. Sgt. Young stated that it is the Officer's discretion if a violation is issued. While residents may call the police for excessive noise, the Officer has to hear the noise before a citation can be issued. The problem that arises is that many tenants have scanners and will reduce the noise level before the police arrive at the property. Minutes: Twit made a motion to approve the minutes of June 1 and June 15 with the correction of a typographical error; seconded by Loso and passed unanimously. Consent Agenda: Ehlert made a motion to approve the consent agenda as follows; seconded by Loso and passed unanimously. . a. Application for payment #4, Randy Kramer Excavating in the amount of ! $ 22,242.31. (90th and 91 st Street Improvement Project) b. Outdoor Liquor Permit for a wedding to be held at the La PIayette on July 16, 1999. Discussion: The Council requested that Weyrens verify the requirements with regard to times of operation for the Outdoor Liquor Permit request. Bills PavabIe: Niedenfuer made a motion to approve the bills payable, check numbers 27011 - 27084 as pr~sented; seconded by Twit arid passed unanimously. Overtime: Ehlert made a motion to approve the overtime as presented; seconded by Loso and passed unanimously. Public Comments to the Agenda Mark Zimmer. La PIavette: Mark Zimmer ofthe La Playette Bar and Restaurant appeared before the Council to clarify a comment made during the City Council meeting of July 1, 1999. Zimmer stated that a representative of St. John's University informed the Council that the local bars were offering reduced drink prices on the Friday evening before graduation. Zimmer stated that the La PIayette did not offer drink specials nor would it be a good business plan to do so. Further, Zimmer stated that he checked with the other bar owners in town and they also did not discount drinks. Zimmer requested that he be included in discussions regarding graduation weekend festivities. City Engineer Reports . . UNO FICAL I I . Gene ator Bids: City EngiJeer Joe Bettendorf presented bids for the purchase of two generators for the water system. The bid resuits are as follows: \ 1 Cummins Central. I $ 64,760.50 Ziegler Power Syst~m 65,261.11 Katolight Corp i 76,907.00 Bette dorf stated thatbidsrbceived are considerably Iowerthanthe last time the City requested bids. Coun ilors questioned if th~ generator could be used for other functions. Bettendorf stated the generators are obiIe enough that the~can used for portable power. However, the power the generators produce will e excessive for many uses. Bettendorf stated that the bids have been reviewed by an electrical engi leer who ,questioned th~ need to, have an electrical voltage switch on the generators. The cost savings of re oving the switches isjapproximately $ 2,000.00 per machine. The, ouncil questioned,Be~endorf if multiple switches could be installed so that power could be supplied to a , arnivaI or similar use.! Bettendorf stated he will research this matter and report backto the Council. I I Whe questioned ifthe genþrators are being purchased soIêIy for Y2K needs Bettendorf responded nega~'veIY. '" The City need&a generator to power certain water and sewer operations. If the City . .. .. ¡........ .. ... .... ... purc ases the ,generators at this time, they can be used in the future when the City needs to construct a third ift station., The gen~ratorsbeing considered are a necessary piece of equipment for water and sewefoperations andifthe Fity does not purchase them now, they will need to in the very near future. Ehle~t made a motion to accept the low.bid of Cummins Central in the amount of $ 64,760.50, and . to allow an additional $ 7,000 for electrical work. The motion was seconded by Twit and passed ¡ I unaniimously.1 BUSiL Park Utilities, extLd service area: Bêttendorf requested the COlmcil authorize. him to proceed with t.he,plan,s and speCifiC~tiOnS, for the extension ofwateran,d sewer line, s to service, the properties abuttfng CR133 and CR 75. These properties include W. Gohman Construction, St.Joe-Cold Spring V e"tem.!'.nary . CliniC. and Metro:, 'P"Iu",m,, bl.ng.,a,nd,H,' e a,ti.ng...B. ett.e ndorfs.ta te.',d"th..at."l,'.f,t,h. e,p.la,n,s..w,er,e.pr,e,pared at this t me the design work ~ould be complete when the properties formally request water and sewer servi, e. The property owners have expressed interest but do not wish to commit to the project until exact costs are determined. If thd Council wishes, the project could be advertised and bid as an alternate. I Ehle t made a motion authorizing SEH.RCM to proceed with the plans and specifications to design street, water and sewer fottheabovementionproperty. The motion was seconded by Twit and passld unanimously. "I Discussion.' The Cbuncil approved the request. as it is cost.effective andprudent planning to complete ,the desigrz work at the present. time. Be"4?,<lorf staledthathe an~ EDADirector. Cha<l C~lson have. metwith representatives from Borgert PrOdr',C, ts Inc. tn neg"ot, iale Pf'o~ for ~ hnldingpo~d. The holding pond is necessary .for tliedrainage from Joseph Street. ..' .' '... '. Rezo ing - Highwav 75 cJrridor:TheCity Council reviewed the proposed zoning boundaries for the HighâWay 7 5Corrido~,B-2 Zoning District. ,The Planning Commission is recommendi~gthe City Council re,z,o e pro,perties along,CS{lli" . 75 to B-2 (seeatta, chedmap). The Rezoning is being requested to allow the, ity to better manage the growth along Highway 75 and require minimum design standards. . Twit ques<Í?nêa Ehlert ast~the rationale of the Planning Commission excluding property between the nort south alley from 1st Avenue NE to 3.":1 Avenue NE.This property all abuts CSAH 75 and appears I . UNOFFICAL as though it should be zoned B-2. Ehlert responded that the property in question has been left as R-I . since the current use is R-1. The Planning Commission would rather review the Planning every five years than to change a single family zoning classification. Ehlert further explained that certain rights are lost if property is zoned ITom R-l to a Commercial District. Loso made a motion approving the recommendation of the Planning Commission and to designate the attached properties as B-2, Highway 75 Business. The motion was seconded by Ehlert and passed unanimously. Amendment to Ordinance No. 72: Weyrens stated that the City has been contacted by St. Joseph's Parish regarding the sale of alcohol on July 4. This year the 4th of July falls on Sunday and as such alcohol cannot be sold until 12:00 a.m. (noon). The Ordinance regulating Intoxicating Liquor includes a provision which allows alcohol sales before nOOn. However, the Church will be selling non-intoxicating alcohol. In order for sales to occur before noon on July 4th the Council needs to pass an amendment to Ordinance No. 72 including the same provision as stated iIi the Intoxicating License Ordinance. Weyrens stated she has reviewed this matter with the City Attorney and he has prepared the necessary amendment. Twit questioned amending the Ordinance for one organization and if precedence will be established. Niedenfuer stated that the 4th of July event is a community event and as such she supports the amendment. Loso stated that after the amendment is passed other organizations will have the, same opportunity. The City will still have control asa permit will still be required. Loso made a motion to approve the following Amendment to Ordinance No. 72; seconded byNiedenfuer and passed unanimously. Amendment to Ordinance 72 Licensing and Regulation of the Sale and Consumption of Non-Intoxicating Liquor The City Councilfor the City ofSt. Joseph HEREBY ORDAINS: . That Section 72.2 of the St. Joseph Code of Ordinances is hereby amended by the enactment of the following provision as Subd. 6 thereof' "Subd. 6: A restaurant, club, bowling alley, or hotelwhich 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 1 0:00 a.m. on Sundays. An establishment serving non-intoxicating liquor on Sundays must 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 not to 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. Lot Split Request: Weyrens presented the Council with a lot split request ITom Ben and Joyce Thelen. Thelen purchased a vacant lot north of the ,east/west alley between 2nd Avenue NE and 3rd Avenue NE. At the time the lot was purchased it was discovered that there was a north/south alley extending ITom the middle of the east/west alley to the CSAH 75 ROW line. ,This alley has not been used nor is the alley marked. Therefore, Thelen requested the Council vacate the alley. By unanimous vote the Council approved the vacation and one-half of the alley was ,attached to the property owner on the east (Marlin Eich) and one-half to the property owner on the west (Ben Thelen). Marlin Eich does not wish to own the additional property and is in the process of selling the property to Ben Thelen. Since this process is considered a lot split the Council must issue a certificate of compliance to complete the transaction. Loso made a motion approving the following lot split; seconded by Twit and passed unanimously by those present. East ~ of vacated alley adjacent to Lots 17 and 18, Block 3 Loso 's 5th Addition. Said tract being conveyed for the purpose of attachment to contiguous lot, to wit; Lot's 9 & 10 Block 3, & the, W ~ of vacated alley . adjacent to said lots., less the West 95.50' thereofand to which tract hereafter shall not be considered a separate tract, lot or parcel or subdivision of land for purpose of conveyance, but rather a part of the lot or tract to which it is being attached, unless said tract shall become a part ofaduly recorded plat. ! ! ~ ," . i Centr IMN Events Center: I Hiemenz stated that all Councilors have received information regarding the Centr 1 Minnesota Events Genter. At this time the City needs to notify the CityofSt. Cloud as to the inten and participation level of St. Joseph. '.' The City Attorney has reviewed the information and =¡rnded ~e Ctry.app~oYe the .a~ment mpnnclpal. Sch~~'s l~er.llldlcakd spme ~eas.of.the agree ent where clarification is needed. After discussing those areas with the City of St. Cloud ' assur nce was given that thèfmal agreement will clarify those items. Based on the recommendation of the C ty Attorney, Losomade a motion to accept the Agreement of Terms regarding the Central Min esota EventsCenter.1 The motion was seconded by Ehlert and passed unanimously. Discussion: Ehlert!statedthatthe City ofSt. Joseph in his opinion needs to be actively involved as the City has a lot to gainfrom being partners. Ehler/also stated that a CAST{Community Asset Support Tea~) Committee has been established whosefunction is to serve as a marketing team for participating cities. I I ¡ Mayors Reports i I ¡ Bon re Com Iaint: Hiemehzreported thathe received a complaint from a property owner in Eastern Park egardinga bonfire. A-fterreviewing the situation it was determined the bonfire was in compliance with City regulations. I ¡ 1 Officer Resignation: Hiembnz reported that he has received an employment resignation from Officer Joel Bill, 9ffective JuIy12, I999f Uiemenz stated that he will conduct an exit interview with Officer Bill and rep01 back to the City Coupcil. The.Police Chiefis requesting authorization to begin theprocedureto repIa e Officer Bill andis ~equesting authorization to hire part time Officers to cover hours until anew . Offider is hired. Ehlertreqµested the City thoroughly review the use of part time Officers in lieu of hinnf a full time officer. tms review shollid not oruy illc1udecostMm1yiis but ~hedu1ing eff,cts arid avail bility of Officers. ! 1 , Miscellaneous Items: HieriIenzreportedtheCity Council received aletter from Franz Kitzberger regarl~ing graduation weekènd festivities. Hiemenz also stated that he received a letter from Rachel Stapleton regarding her insurance to which he will respond. I I Councilor Reports NIE ! ENFUER Heal hy Community Partn¿rship: Niedenfuer reported the next meeting of the Healthy Community pa~ership will be held in ;Kimball late summ.er or early fall. The Committee is in the visioning stage and is in the process of loopng for a project. Losb! LOS~ read a jetterrrom Na~9Y Taylor reg~<ling her pergeption ofhowsÌ\ldents~eviewe<l ill St. Joseph. TaYl~ isa resident aUO~ Ash Street West. I EHL RTI P~k Proiects: )Jh1ert repo~"<l the Millstr<'arn Concession Project is complete and ~e facilit)' is open. . TheþeIllona1M PrOj,c! isstillinprol!f"ss and will be.90mp1¢ted shortly. Northland Park: . The Park :Board is requesting authorization to purchase the phase one playground equi ment to be installed ih Northland Park. The equipment will be purchased from Minnesota I " ~ UNOFFICAL Wisconsin Playground Equipment with a total price of$ 3707.11. Loso made a motion authorizing . the expenditure of $3707,11 for the purchase of a big toy for Northland Park as requested; seconded by Twit and passed unanimously by those present. Casey's Store: Ehlert stated that he has received calls regarding Casey's Store. It was histmderstanding the building sections facing CSAH 75 would be brick. Ehlert stated that the building section facing CSAH 75 is steel and questioned if the developer could be contacted tocoiTect the situation. The matter was referred to the EDA Director, Chad Carlson. TWIT Police Union Negotiations: Twit stated that he and the Mayor will be meeting with union representatives on July 8, 1999 to begin Police wage negotiations. Miscellaneous and Announcement Items Budget. Year 2000: The Council adopted the following dates for reviewing the Year 2000 budget. August 12, 1999 7:00 p.m. August 19, 1999 7:00 p.m. Adiourn: Loso made a motion toadjoum at 9: 15 p.m.; seconded by Twit. . Judy Weyrens Deputy Clerk . 1 i . . i I i 1 1 MO TO: St. Joseph Mayor and City Council Members OM: Ollie LesnicJ, City Assessor ~ ~ , I i JATE: July 18, 1999j : Adjustment of City Assessor's Salary I 1 P, ease be advised a total of nineteen new properties have been added to the tax rolls in I ¡ t e City of St. Joseph.i Eighteen properties in the Whispering Pines addition and Beeline 1~ne . I am reqnesting an iiease in my annual salary of$164.92" The current per parcel rate is $8.68.] I hank you. . . . . ST. ~OSEPH POLICE DEPARTMENT Bradle~~~~~dgren 'I; Box 268, 25N.W. 1st Avenue SERGEANT . St. Joseph, Minnesota 56374-0268 Jeff Young (320) 363-8250 Emergency 911 OFFICERS EDUCATIONAL CENTER OF CENTRAL JNNESOTA Brad Meyer Jean Gustin Joel Bill Jason Dahl I i , I DATE: JULY 28, 1999 i TO STJOSEPH CITY COUNCIL I FR'M: CHIEF LINDGREN i , SU JC::CT: AMMUNITION PURCHASE i I I I DI:::AR COUNCIL MEM8I::::HS, I f-OR THE PAS" SEVERAL YEARS I'VE REQUESTED FROft1 THE cn NCIL, AND WAS I APPROVED TO. PURCHASE BUL.K AMI'1UNITION. THIS PR CESS SAVES THE CITY SEVERAL HUNDRED DOLLARS. TH~ REASON AN1 REQUEST IS AS FOLLOWS. THE UNION C~NTRACT ALLOWS,. EACH OFF ICE-.R TO BE FUHNI S,'HI:::D 2 BO E:.S OF PRACTICE:. AMMUNITION EACH MONTH., THIS IS 12 BOXES . Pf:. 'MONTH. THE Rf... ARE 20 BOXES INA CASE. A CASE LASTS TH'kf:.f-ORE JUST UNDEk 2 MONTHS. 1 WHI::.N WE PURCHASE 1 CASE AT ATIME,WE PAY THI::: FULL kATE, PLL¡lS THE COST OFiSHIPPING, AROUND $~5"00. CASE PRICES CURRf:.NTL Y RANGE fROM $200.00 TO $'::'50.0.0 FOR PRACT) Cf:. AMMO DE I~NDING ON ~HE!SUPPLIERANDCURRENTSPECIALS. I HAVE. A Sut.'PLIER WHO CAN CURRf:.NTLYGET US CASf:. PRICES .... . . .1.· . . . .. .... ......... .. . .... . .. .. . Of- THf:. PkACTICE AMto10 WE NEElY AT $149.00 PER CASE AND l-HI:::I::: , SH PPING WHf:.NORDERING 5 OR MORE CASES. 12 BOXf:.S OFi AMMO PER MONTH T]MES 12 MONTHS, COMf:.S TO 144 BO E:.S FOR 1 YE:.ARl THIS IS JUST OVER 7 CASES OF AMMO WE WOULD Nf:. D FOR 1 YEAR.j 7 TI MES 149 EQUALS $1.043.00" CONVEHSI::.L Y -, T, 1 M~.,E:. S , AN, A' YER A GE.I. WITH'S H IPP I NG' OF "'5.0." 00 .IS, '$1, ,75 ø . ø0. I'WOULD'RECOMMf:.ND THE COUNCIL APPkOVETHE.PUkCHASE OF I TH 7CASESO¡:' AMMO AT $149.0.0 PER CASE WITH THE ERE:.f:. SHIPPING. THANKiyou FOR YOUR T]ME-. ON THIS MAlTER. SliC~~ELY' . DLI:: J. LINDGREN I CHIE:.F OF POLICE i ! . I, i I · · · -. 31 Jul 1999 Bills Payable Page 1 Sat 11:43 AM City of St. JoSeph ~ August 5, 1999 Check Transaction Depart Number Name ! Amount Comments Description Fund 27168 500.00 balance on housing study Economic Development Authority 101 27169 PRECAST, INC¡ 374.61 picnic table, Klinefelter Park Areas 101 27,169 PRECAST, INd 374.62 picnic table, Northland Park Areas 101 27170 AUTO ALUE ~ WEST 13.13 mower belt Park Areas 101 27170 AUTO ~ÇALUE - WEST 13.13 belt, tractor Park Areas 101 27171 BEMBO M'S FENCE 1,540.00 12' fence, Northland Addn Park Areas 101 27,'" "'"'~. "G"'"e. ,"C" , . 000 . 00 ""'p.,."'. ,m,h ""d" , Ad,,"nn",,' YO '" 27172 BRIME ER GROUP, INC. I 1,600.16 expenses, search Salaries & Adminstrative 101 27173 CASH ¡ ISE FOOD 1 2.02 film development Crime Control & Investigation 101 27173 CASH rISE FOOD 5.75 film development Crime Control & Investigation 101 27174 CELLULAR 2000 31.26 cell phone, summ rec Park Areas 101 27174 CELL~LAR 2000 : 1.28 cell phone, fire Fire Communications 105 27175 CENT~L APPLIANCE i 59.82 repair refrigerator Park Areas 101 27176 CENT L MCGOWAN I 22.30 medical oxygen Medical Services 105 27177 COLL GE OF ST. BENEDICT 195.25 reception, clerk candidts Other Financing Uses 101 27178 EXHA ST PROS , 106.03 repairs to 86 van Sewage Treatment Plant 602 27179 FENE S ENTERPRISES, INC I 105.00 service contract, sign Community Sign 101 27180 FIRS STATE BANK 12.60 collection fee Administration and General 601 27180' FIRS STATE BANK 12.60 collection fee Administration and general 602 27180 FIRS STATE BANK 12.60 collection fee Waste Collection 603 e, 27181 HAWK NS WATER TREATMENT GROVP 266.26 hydroflousic acid Distribution 601 , 27181 HAWK NS WATER TREATMENT GROVP 28.00 water tests Purification 601 27181 HAWK NS WATER TREATMENT GROUP 80.00 sewer tests Sewage Treatment Plant 602 I 27181 HAWK NS WATER TREATMENT GROVP 12.00 water tests Purification 601 27181 HAWK NS WATER TREATMENT GRobp 12.00 water tests Purification 601 I "'~" 27181 HAWK NS WATER TREATMENT GROpP 12.00 water tests Purification 601 27182 HENR & ASSOCIATES' 253.62 hYdrant cap gaskets (69) Distribution 601 27183 DAVID 113.00 bikes, summer picnic Participant RecreatiOn 101 27183 DAVID 22.70 craft club supplies Participant Recreation 101 27184 I. T. L. PATCH COMPANY 57.75 department patches Crime Control & Investigation 101 27185 K.E. .P.R.S. INC 32.96 shirt, part time officer Crime Control & Investigation 101 27185 K.E. .P.R.S. INC I 159.60 reserve equipment Crime Control & Investigation 101 27186 LAW NFORCEMENT LABOR SERVlCES 99.00 dues, August 101 27187 LEAG E OF MN CITIES I 140.00 Clerk's Orientation, Schm Salaries & Adminstrative 101 27187 LEAdUE OFMN CITIES! 140.00 Clerk's orientation,Cari Salaries & Adminstrative 101 27188 Losd.s STORE ' 5.70 film, summ rec Participant Recreation 101 27188 LOS9' S STORE 1. 89 cooking club supplies Participant Recreation 101 27189 MCDONALD, MIKE 55.00 3 park board meetings Legislative Committies 101 27190 MET~OCALL , 46.09 pager, Lindgren CommUnication Service 101 27191 MI1ESOTA CRIME PREVENTION 1 30.00 membership Crime Control & Investigation 101 27192 MI~ESOTA UC FUND, 92.08 unemployment, Donabauer Park Areas 101 27193 MUSKE, CHUCK ! 130.00 park board (7 meetings) Legislative Committies 101 1 27194 NCP RS GROUP LIFE INSURANC~ 30.00 life inSurance 101 27195 Y KRAMER EXCAVATING i 25,460.08 payment #5, 90th!91st Street Maintanence 420 27196 SEH RCM i 2,263.50 engineering, Joseph ST Street Maintanence 106 ~ 31 Jul 1999 Bills Payable Page 2 Sat 11:43 AM City of St. Joseph · August 5, 1999 Check Transaction Depart Number Name Amount Comments Description Fund 27196 SEH. RCM 6,870.02 engineering, Joseph Stree Street Maintanence 421 27197 ST. CLOUD TIMES 422.54 advertising, Patrol Off Crime Control & Inv~stigation 101 27197 ST. CLOUD TIMES 363.24 police secretary hire Crime Control & Investigation 101 27198 ST. JOSEPH FIRE DEPARTMENT 15.00 lake region meeting Fire Training 105 27198 ST. JOSEPH FIRE DEPARTMENT 86.00 coverall, repairs Fire Fighting 105 27199 STEARNS COOPERATIVE ELEC. ASSN 278.75 street lighting Street Lighting 101 27199 STEARNS COOPERATIVE ELEC. ASSN 25.58 street lighting Street Lighting 101 27200 STEARNS COUNTY SHERIFF'S DEPT. 25.00 ticket books Crime Control & Investigation 101 27201 STUEVE,' S GARAGE INC 141.47 replace thermos, Crown Vc Automotive Services 101 27201 STUEVE'S GARAGE INC 58.00 96 Ford, replace serp bel Automotive Services 101 27201 STUEVE'S GARAGE INC 46.81 Lumina, LOF,recharge bat Automotive Services 101 27201 STUEVE'S GARAGE INC 37.18 96 Ford, LOF Automotive Services 101 27202 TIREMAXX SERVICE CENTERS 386.91 96 Ford-Brakes,rotor,ovht Automotive Services 101 27202 TIREMAXX SERVICE CENTERS 141.80 tires, 96Ford Automotive Services 101 27203 UNUM LIFE INSURANCE 290.90 disability insurance 101 --------.- Grand 'Total 47,714.59 · · INVOJ C E 605 Franklin Avenue NE, P.O. Box 51,St. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX architecture . engineering . environmental . transportq.tion Remit Payment To: 3535 Vadnais Center Drive, 200SEH Center,St. Paul, MN 55110-5196 FEIN: 41-1251208 . 651.490.2000 . 800.325.2055 I' June 30, 1999 I I I Project No: AST JOE9804.00 CITY 0 STJOSEPH Invoice No: 0055717 I ATTN:iUDY WEYRENS P.O. B~X 668 ST JO rPH MN 56374 : , 1999 J SEPH STREET IMPROVEMENTS Professional Services: Junel1 1999 throu h June 30 1999 Profes ional Personnel I I Hours Rate Amount PROJECT MANAGER 27.50 97.00 2,667.50 STAFF ENGINEER 3.00 76.00 228.00 TECH ICIAN 69.50 57.00 3,961.50 Totals 100.00 6,857.00 i Total Labor 6,857.00 I . Reimb rsable Expenses I EMPLOYEE MILEAGE 13.02 Total Reimbursables 13.02 13.02 i $6,870.02 I Total this invoice I ~J\/ ! I 1 I I I I I I I I . I I j Short Elliott Hen rickson Inc. . i Offices located throughout the Upper Midwest . Equal Opportunity Employer j JVe help you plan, design, and achieve. I .~5eJ:tClll INVOICE 605 Franklin Avenue NE, P.O. Box 51, St Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX architecture . engineering . environmental . transportation Remit Payment To: 3535 Vadnais Center Drive,200 SEH Center, St Paul,MN 55110-519. FEIN: 41-1251208 . 651.490.2000 . 800.325.2055 June 30, 1999 Project No: AST JOE9804.00 CITY OF ST JOSEPH Invoice No: 0055270 ATTN: JUDY WEYRENS P.O. BOX 668 ST JOSEPH MN 56374 1999 JOSEPH STREET IMPROVEMENTS Professional Services: Mav 1. 1999 through Mav 31.1999 Professional Personnel Hours Rate Amount PROJECT MANAGER 5.00 97.00 485.00 STAFF ENGINEER 16.50 76.00 1,254.00 TECHNICIAN 8.50 57.00 484.50 Totals 30.00 2,223.50 Total labor 2,223.50 Reimbursable Expenses . EMPLOYEE MILEAGE 31.00 EMPL TRAV/OTHER PROJ EXP 9.00 Total Reimbursables 40.00 40.00 Total this invoice $2,263.50 . Short Elliott Hendrickson Inc. . Offices located throughout the Upper Midwest . Equal Opportunity Employer Wé help you plan, design, and achieve. . · , Overtime and Callouts Ray echtoId 'I Jean Gustin 07-101-992.00 hrs weekenl work 07-10-99 2.00 hrs cover shift 07 -11-99"2.00 hrs "weekend work 07 -11-99 2.00 hrs cover shift Brad ind en Bradlev Mever 07-1~-99 4.50 hrs safe & sober 07-14-99 2.00 hrs cover shift 07-1tL50hrs councillmeeting Jim Marthaler Jeff oung 07-1L99 1.00 hrs finish a&est 07-17 -99 2.00 hrs weekend work 07-18-99 2.00 hrs weekend work 07-1 -99 2.00 hrscover shift 07-18-99 1.00 hrs clean park (this was I reirnbursedthru the park damage deposit) Jud 07-1 -99,2.00 hrs safe & ~oberreports (reimbursed through the grant as the City is the financial agent for the grant covering Sartell, Waite P~k and Sf. Joseph.) , · , 1 Part ime Police Hours Paid I Wendell Daluge 128.00 hrs I 1 i i , , I i I i I · i i I I , .¡- , ¡ i ~ ..-- . . 0.. ¡g, \ N ro ~ C ~o.. ~ ~ § ~~,~-t N -J('(-tV . .§ i ~ ~ ~ ", +\/j-Æ~\) :) II) ~~'" \to "j ~ .... 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Box 51, St. Cloud, MN 56302-005,1 320.253.1000 320.253.1002 FAX architecture . engineering . environmental . transportation · July2 ,1999 RE: St. Joseph, Minnesota I 1998/1999 90th & 91 sf Avenue Improve SEH No. A-STJOE 9902.00 , , Hono able Mayor and City Council c/o C . rine Schmidt I I ClerklTreasurer City f SLJoseph 21 N First Avenue P.O. ~ox668 I St. JOFh, MN 56374-0668 · i Dear. ayor and Memberslofthe Council: Enclnsed pieasefin<l ÄppilcationJor Payment No.5 and a Cost Splitfor this project ! ¡ , We h vereviewed this application and it appears to be in order. When payment is made, sign all copie and distribute as fopows: landY Kramer Excavating, Inc. EH·RCM I ity of St. Joseph I I , If yO! have any questions! please feel free to call us. SinCrelY, ~eìten<lO¡f. City tgmeer djg · Enclîsures W.\stjoe\ 902\specs\apl.o,wpd Short Elliott Hentlrickson Inc. . Offices located throughout the upper Midwest . Equal Opportunity Employer fVe help you plan, design, and achieve. . . · · · ~ 605 Franklin Avenue NE, P,O. Box 51 , 51. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX architecture . engineering . environmental . transportation . Owner ! i Contractor SEH APPLICATION FOR prMENT NO.5 CONTRACT FOR: 1998/1999 90th & 91st Ave Impr PROJECT NO. A-ST JOE 9902.00 : OWNER: ICity of SI. Joseph, MN 1 AGREEMENT DATE: 11/05/98 CONTRACTOR: Randy Kramer Excavating, Ipe. FOR WORK ACCOMPLISHED THROUGH: 07/20/99 CONTRACT THIS STATEMENT ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT QUANTITY AMOUNT GRADING I 1 CLEARING GRUBBING EACH $50.00 1.00 $50.00 2.00 $100.00 2 REMOVE & REINSTALL WOOD FENCE I 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 4 REMOVE BitUMINOUS PAVEMENT I SQYD $0.80 4,100.00 $3,280.00 4,832.00 $3,865.60 5 REMOVE CrCRETE DRIVEWAY SQ YD $4.00 35.00 $140.00 167.00 $668.00 6 SALVAGE CULVERT EACH $25.00 6.00 $150.00 6.00 $150.00 7 REINSTAL~ULVERT I EACH $75.00 6.00 $450.00 6.00 $450.00 8 COMMON I CAVATION (PQ) "I CU YD $2.00 400.00 $800.00 1,610.00 $3,220.00 , TOPSOIl1RROW Il VI I CU YD $6"50 1,450.00 $9,425.00 642.00 $4,173.00 STREET I 10 AGGREGA E BASE CLASS 5 (PQ) CU YD $12.00 650.00 $7,800.00 1,071.00 $12,852.00 . TYPE 41A ÈI EARING COURSE MIXTURE TON $25.70 260.00 $6,682.00 311.40 $8,002.98 TYPE 31B ASE COURSE MIXTURE , TON $24.00 360.00 $8,640.00 380.00 $9,120.00 BITUMINO~S MATERIAL FOR TACK COAT GAL $1.15 190.00 $218.50 190.00 $218.50 14 TEMPORA Y BITUMINOUS WINTER PATCH SQ YD $9.00 200.00 $1,800.00 200.00 $1,800.00 15 PATCH BlrMINOUS PAVEMENT ' sa YO $10.36 20,,",0 $2,072.00 291.00 $3,014.76 16 BITUMINO S DRIVEWAY i SQ YD $7.55 450.00 $3,397.50 861.00 $6,500.55 17 6" CONCR TE DRIVEWAY PAVEMENli SQ YD $49.00 32.00 $1,568.00 52.20 $2,557.80 I 1 I SANITARY SEWER ~ WATER MAIN I $484.00 0.00 $0.00 18 12" CM PIPE CULVERT i LlN FT $12.10 40.00 19 12" CM PldE APRON ' EACH $230.98 4.00 $923.92 0.00 $0.00 20 10" X 6" P C WYE , EACH $77.22 3.00 $231.66 3.00 $231.66 21 8" X 6" PV!WYE EACH $49"62 2"00 $99.24 2.00 $99.24 22 8" X 4" PV ' WYE EACH $53.36 16.00 $853.76 12.00 $640.32 23 10" PVC PI E SEWER, SDR 35; LlN FT $16.74 330.00 $5,524.20 360.00 $6,026.40 24 8" PVC PIRE SEWER, SDR 35 I LlN FT $8.68 1,,130.00 $9,808.40 1,130.00 $9,808.40 25 6" PVC Pf SEWER, SDR 35 I UN FT $7"01 100"00 $701.00 100.00 $701.00 26 4" PVC PI E SEWER, SDR 35 I LlN FT $5.49 455.00 $2,497.95 476.00 $2,613.24 27 8" PVC PI E SEWER, C900 I LlN FT $10.16 250.00 $2,540.00 395.00 $4,013.20 28 CONNEC TO EXISTING SANITARY SEWER EACH $265.36 3.00 $796.08 3.00 $796.08 29 CONSTRYCT MANHOLES DES 4007 ¡ LlN FT $128.83 55.31 $7,125.59 55.31 $7,125.59 30 CASTING ~SSEMBLY R-1733! EACH $250.00 2.00 $500.00 2.00 $500.00 31 CASTING f-SSEMBL Y R~1733 WI SELf-SEALING LID EACH $250.00 3.00 $750.00 3.00 $750.00 32 ADJUST FRAME & RING CASTING i EACH $125.00 1.00 $125.00 1.00 $125.00 33 CONNEcl TO EXISTING WATER M.JN EACH $300.00 3"00 $900.00 3.00 $900.00 34 HYDRAN EACH $1,538.91 4.00 $6,155.64 4.00 $6,155.64 35 1" CORP RATION STOP EACH $43.58 25.00 $1,089.50 25.00 $1,089.50 36 1" CURB 'TOP AND BOX I EACH $99.77 25.00 $2,494.25 25.00 $2,494.25 37 1" TYPE raPPER PIPE UN FT $5.24 600.00 $3,144.00 586.00 $3,070.64 , i 1" TYPE COPPER PIPE (BORED) LlN FT $8.86 300.00 $2,658.00 300.00 $2,658.00 . 12"BUTT RFLYVALVEANDBOX EACH $1,092.19 2.00 $2,184.38 2.00 $2,184.38 40 8" GATE y'ALVE AND BOX EACH $689.59 2.00 $1,379.18 4.00 $2,758.36 41 6" GATE lAlVE AND BOX EACH $533.21 '"00 $4,798.89 8.00 $4,265.68 Sh'" "noli "00"'0'''" 100. " i Ol1imlo""" ,"I,",hO"1 Ih'. "ppel Mldwe,1 . Equal Opportunity Employer Wé help you plan,llesign, and achieve. ... .. · · · ..' ,; 'i'- . Owner Contractor SEH APPLICATION FOR prMENT NO.5 I CONTRACT FOR: 1998/1999 90th & 91 $t Avelmpr PROJECT NO. ~-STJOE 9902.00 I AGREEMENT DATE: 11/05/98 OWNER: Fity of St. Joseph, MN i CONTRACTOR: ¡Randy Kramer Excavating, I~c. FOR WORK ACCOMPLISHED THROUGH: 07/20/99 ! i CONTRACT THIS STATEMENT ITEM DESCRIPTION ¡ UNIT UNIT COST QUANTITY AMOUNT QUANTITY AMOUNT I 42 12" WATER ~AIN- DUCT IRON CL 50 I LlN FT $20.32 400.00 $8,128.00 400.00 $8,128.00 43 8"WATER M~IN - DUCT IRON CL 52 I UN FT $14.45 1,250.00 $18,062.50 1,174.00 $16,964.30 44 6" WATER MfA.IN - DUCT IRON CL 52 LlN FT $11.69 1,175.00 $13,735.75 1,135.00 $13,268.15 45 WATER MAT FITTINGS POUND $2.00 1,450.00 $2,900.00 1,464.00 $2,928.00 I , MISCELLANEOS ITEr i 46 SEEDING ACRE $2,300.00 0.70 $1,610.00 0.10 $230.00 47 SODDING TYPE A-LAWN SOYD $1.90 6,800.00 $12,920.00 6,834.00 $12,984.60 TOTAL ITEMS 610 $161,733.89 $170,322.82 i EXTRA WORK i A REMOVE 26 LF SDR35 PIPE & REPLAC,EW/C-900 PIPE LS $307.38 1.00 $307.38 1.00 $307.38 B PLUG & RE OCATE WYE I LS $214.97 1.00 $214.97 1.00 $214.97 C CONNECT 0 EXISTING WM ON LYNX! RD LS $1,075.25 1.00 $1,075.25 1.00 $1,075.25 . TOTAL EXTRA WORK i $1,597.60 $1,597.60 Total Contract Amount $161,733.89 Extra Work $1,597.60 ! Revised Contract Amount $163,331.49 I I Gross Amount Due $171,920.42 The undersigned Contractdr certifies that all previous payments received from the Owner for Less Retainage (5%) $8,596.02 work done under this contràct have been applied to discharge in full all obligations of the ~ Amoo,l D", 10 Dare $163,324.40 Contractor incurred in conhection with the work ð'A cC;F;:' Paym,"~ $137,864.32 covered by said progress payments. $ 5,460.08 , ~q 't SUBMITTED: RANDY KRAMER EXC., It)JC. B . Date: 1 i .~.....~ Date: "//2?/77 RECOMMENDED: SHORT ELLIOTT HENDRICKSON INC. I i APPROVED: CITY OF ST. JOSEPH, MN Date: ! I I , i i . I I i ! , 1 I i I 2 I ;¡r",~ ,,.. ... · · · .. i I ....m=tCIII MEMORANDUM 605 Franklin AJenue NE,P.O. Box 51 i SI. Cloud, MN 56302-0051 320.253.1000 800.346.6138 320.253.1002 FAX ¡ 'TO: May()rHieme1z, City Council, Cari Schmidt, Judy Weyrens, DickTaufenlC~¿fef &v~ : PRO Joe Bettendorf DATE' July 29, 1999 I I . RE: Project Update: SEH No. I I With ~ll of theprojectactivi~ this summer in St.Josephand with anew City Administrator on board, I thoug~t i~ would be.a good i4ea to review the status of the projects currently under design and constrrtlon.j Proje} NOoASTJOE.9704.ÒO Pond View Ridge Three I ThiSpfOj ect includes S'mi!~SeWer, water main,hituminous street, curh and gntter.ConstnIction is compl te with the exception of one hydrant that needs an extension. This will be completed as a part of Pond View 5. I . proje¡tNo. ^STJOE?70i.Jo pondreWRidge Fo~r This p oject includes sanitaJsewer, water main, storl1lsewer, bituminousstreet, curb and gutter, and site grading. The final bituminou,s wear course needs to be placed, and a number of punch list items remain to heco~p !tited. This Will hec6mpleted as a part QfPond View 5. There are se.veral homes under constrctionon hUlldW~ ,itel. where .erOSlon.iS stIll a.proh1em. Two of ~es. lots are still. cgntro I led. by the Devel per, and the other lots are controlled by other builders. Ron Euteneuer will be meeting with the builde s beginning Thursday! afternoon, July 29, to require that silt fences or other erosion control items be c09structed. Ron will upd!ateMayor Hiemenz on progress. All remaining sites except one will likely hesored ~is fall. Proje lNO.ASTJOE9806.J¡ Pond I iew Ridge Five¡ This ~roject includessanita4 sewer,water main, storm sewer, bituminous street, curb and gutter, site gradi1g, and an expansion of the existing holdingpondjustoffofEast Minnesota Street.This project was to hav1e been completed last fall, and still has a long way to go. Construction is under a private contract with tre Developer, and the Contractor simplyhas not performed. Thequality of his work has been satist ctory, but he has been!extremely slow, and unwilling or unableto complete the work., Remaining work ncludes site grading, expansion of the holdingpond, testing of a portion of the sanitary sewer and ¡ water main, and placement ~f the final. bituminous wearing course. . i As of last Priday,theDevelqper has terminated the Contractor, and has filed on the Performance Bond forth project. The, Bonding! company has given him clearance to move forward with the work, and the I , , Short ElliottH ndrickson Inc. . Offices located throughout the Upper Midwest . Equal Opportunity Employer We help YOII plan, design, and achieve i ¡ ^ " Mayor Hiemenz, City Council, Cari Schmidt, Judy Weyrens, Dick Taufen July 29, 1999 . Page 2 Developer has hired Randy Kraemer Excavating, Inc. of Watkins MN to and complete the work, including any remaining items on Pond View Three and Four. Randy has since moved in and is testing the utilities and raising castings for final paving. The water main has passed it's conductivity test, and the bacteriological test has been taken and is in thelab. The sanitary sewer will be televised on Monday, August 2. Randy plans to have all work compl~te by the end of August, except perhaps the final bituminous wear course. We normally would wait until next spring to complete the wear course, but the Developer has tentatively moved this up to this fall in an effort to be totally complete with the project. He will also have to dormant seed the holding pond, which will be a prairie restoration similar to the previous ponds. When we conducted a walk thru for the project to generate a punch list, we found that the interior lot line along which the storm sewer outfall pipe (from 13th Avenue SE to the holding pond) was constructed had been moved 10 feet. This change was apparently made on the final plat without our knowledge. We are having the pipe relocated to the new lot lineas a part of Randy Kraemer's work. Finally, we still have to arrange for payment for the sanitary sewer connections constructed with the East Minnesota Street Project. Project No. 9804.00 Joseph Street Improvement This project includes sanitary sewer, water main, storm sewer, bituminous street, curb and gutter, and a . holding pond. The project is under design and will be bid on August 17. It will be presented to you for award on August 19. We are negotiating with St. Cloud Acoustics for a comer piece of right-of-way so that Joseph Street can be curved into County Road 133 at a right angle, thereby eliminating the tight corner that trucks have difficulty with. We are also negotiating with the Borgert family for right~of-way for the holding pond that will serve this project as well as the Business Park. Chad and I are working on these parcels, and we need to complete this right-of-way acquisition quickly. Construction should begin in September, and we expect to have all of the utility work completed this year. We also hope to have the curb and gutter and first layer of blacktop on this fall, but it will depend on the weather. Project No. 9805.00 Bee Line Marine Sewer This project is complete except for final payment. It is part of the contract involving 90th and 91 st A venues. Project 9902.00 Sewer and Water to 90th and 91st Avenues This project is complete except for the infamous water ponding issue on the south end of 90th A venue. . We have taken elevations every ten feet on the pavement. The west side of the street was constructed as specified, except for a small rise in the pavement on the southwest comer. We checked the pavement on Monday morning, July 26th at approximately 9:00am. St. Joseph received 1.5 inches of rain the night before. The west side drained well except for a small puddle at the comer. We will look at removing the small rise in the pavement, but want to be sure we don't do more harm than good. _ '1 " "" Mayor Hiefenz, City Council, C~ri Schmidt, Judy ,Weyrens, Dick Taufen July 29, 1919 I . Page 3 .. I I The ea tside, however, does have flat spot on the south end just before the c()rner, and the new pavement rises a ,out 1.5 inches at the cþrner My judgement so far is to leave the flat spot rather than create a patch, but to tmove and correct the! high spot. We took elevations along the north edge of Lynx Road to the eastfo 110 feet .L y' nx actua I/y,go esuphillbe fo.re cresting. and drop ping of ft.9!.h eeast, so the. W. !t.ter .Will pond a the corner regardless iof how well the new pavement drains. My recommendation is to have the Contra tor return and removci the boulevard along the north side of Lynx fro~ 90th toa point where Lynx ~Iegins to, drop off,regr~de the area to create a shallow swayle,. and resod the area. The swayle will still ber elatively flat as itgoel,s east alOng.. L. y nx, so we will n otha ve a "ditc, h", but it will crea tea low area for the water. to runoff the paVement and soak into the ground. I I I With tre above corrections, there will still be some ponding but it will beminor.No Contractor can achieve perfection in placinglbituminous on grades as flat as we have on the south end of9Ist. Ifwe expect no ponding whatsoevJr, we should be requiring concrete curb and gutter. We did look atthe possib lity of bringing the, dr~inage from the west side of 90th east across the.intersection, but this wo.uld ! ' requir a noticeable dip in thr pavement across the intersection and a ditch along Lynx to the east. I do not re ommend this until it becomes necessary to rebuild Lynx. I I Proje ,t ASTJOE9904.00 I St. Joseph Business Park (~.k.a. C()untyRoad 133 Utility extensions) This plojec¡ includes s~nit.J sewer, water ,"ain, stonn sewer, atld an a<ldition to the Joseph Street . hOldinf'.p ond. The project hal.s be en cO,mbl'ne d with the Jo.sePh Street imp rov em ent and as such will be bid , on Au ust 17. It will be pres~nted to you for award on August 19. ! I This p oject was originallyplart of the County Road 133 Improvement under design by Stearns County. When it became apparentthEh the County project would not be ready for construction this summer, we pulled the utilities out and created the current City project. We expect to have all of the utilities in this fall and to be ready for the Coun~y's surface improvements next spring. More importantly, we will be able to acco modate those industri~s that want to build yet this winter. Nonessential work will be carried over into n xt year. ' The b se project includes utilities along New CR133 from East Minnesota Street to East Elm Street, and along EastElm Street from<pld CR l31 near Gohman Construction to Joseph Street. We are also inclu ing in the project, as alternates, sewer and water along Old CR133 to serve Metro Plumbing, GohrJan Construction, and the Veterinary Clinic; bituminous street along east Elm from New CR133 to Jos ep.fIStreet;andb it.um,l',n,.o u...:...·.sst.reet.. and ut.ilities.' along Fift e,enth Av,e,n ue,...NE from.Ea stElm Street north to CR133. i I We n ed to be sure the DevJloper platting the land for the Business Park signs the plat before we award, and t~ere are several piecespfright-of-way that still need to be acquired (Molus property, St. Ben's Propery, Gohman Property,lBorgert property, and an easement along the west side of Old CRl33 across the Metro, Gohman, and Vet Clinic properties). This has to move quickly if we are to award as scheduled. AST10E 9905.00 .,/ . Sixth Avenue NE I Northl,nd Drive Improvement This ~roject includes theco~struction of Northland Drive from CSAH 75 to Gumtree Street; the segment from pSAH 75 to the North/and Development will consist of a 36-foot wide bituminous surface onA 44- Wid1Ubgrade with no utilit,ies, the segment within the Northland Development will be 44 feet wide with biru inous surfacing and concrete curb and gutter, and sanitary sewer and water main will also be I , "". .t: .... .."'" Mayor Hiemenz, City Council, Cari Schmidt, Judy Weyrens, Dick Taufen July 29, 1999 . Page 4 constructed. The 18-lot development to the west, Northland PlatFour, will also be completed with sanitary sewer, water main, bituminous street, curb and gutter, and site grading. We expect to have the roads roughed in and all utilities in place this fall, with bituminous paving taking place next spring. We plan to keep the road closed for the winter. Project ASTJOE9907.00 Mobile Generators This project includes the construction and delivery of two trailer mounted generators to provide emergency power for the water treatment plant and wells 3, 4, and 5. Notice to proceed will be issued Monday and delivery is scheduled for October. This is a Y2Kproject. . . , .', Ie , 1 Lumber One P.O. Box7, AvonJ Minnesota 56310 Phone (320) 356-7342 FAX (320) 356-7631 i i July 26,1999 City pouncil I c/o Jludy Weyrens i Cityf¡f StJoseph P.O. Box 668 ¡ St. Joseph, MN 563~4 ! Re: Revised O~er to the City of St. Joseph for Outlot Lands in Northland. I I e Dear City Council: , , I would like to deed the previously offered Outlots A & B in Northland 1 and Iso the big Outlpt A in Northland Plat Two to the City of St. Joseph (see atta I hed plats). i I do not want to split and pay for $750.00 of the cost to do a Phase I enVi¡Onmental.assessment. 1 As you can see by the enclosed plats, these are very nice sized, straW9iCallY located parcels for the City to own. IwouldlikejQseethe City own ng them. My alternatives are to offer them to the adjacentlot owners, let t I em go for delin~uent taxes, or continue to own/pay the small annual taxe . 1 I would opt to let them go delinquent., If you decided to pick them up I late, I understand you,would., have to pay forthe land. I hope youco~sider my offer carefully and end up with these Outlots free ¡ Best wishes, , øJ~'r£/Ä{' , 1 ¡ . i i Terry ,J. Schmid ! i , . . . ~Hh.o~ .... NQR TH:·· A..~.D I _... . _ _ S 89'48'/8" E I ~9'.00 f / ... -- ~!.6""0.0.-' 1=" 1211.00--1 66.00. r- OO.OO.,~ S89'HI'/8"õ/ 7S5,!lI..-.-- ...::0-..... ..._ ·OJ' C C\ , '" ¡",, ..1 ;It ') '-.:-: E '" C\ I., 2 I HORTH L/HE HEI14 HII/II" HE COR' --. '" 1/4 //4 .. I .. ¡:;¡o O~ NEI/4'NII/I/4 '-::-:::.-- CI) . .. 0 _) êQ ~ ~ ÍD ._. I S 89"0'/6" E I \¡J I .. '" , '" .. ... ... I ;2'.00 , ~ ' g ~ ~ g .-.:....:.=:~ o I _..n._ o o' ~ I I VI ------ C\Ï 2 ~ I.. "100.00" .. -..-::-:::- Q Q S 89'48'18" E '. .._....._ I I' ... o' S 20'26'46" E ..._- S 89"0'/6" E I GUM TREE ' 70.'S .~-==-: , 12'.00 1 ST. --. 1 S 89'48'/8" E ..._- o a .-.-- ~ .3 o. r - ¡aoo.. ,j ....::...::..:_ ~ ~ C) Q .===.:: I S 89'110'/6- õ I ci I ci ~ I 12'.00 I 0 0 .-.--- I ~ 4 g ì S 89'48'18" E ~, :=..- .... .. Q '" I 12',00 \ ~~ --- Q) I '\ _ : I S 89'80'/6" E: I ¡;¡ ¡;¡ ... . \ ' :--:::':-.:== I 128.00 1 .; .; 2'; , . 01'\ -'-- Q 0 ~ co . f:Q \.~ _~ ~ 5 ~ I . S 89'80'/6" E I --==: I C\ Q /2'.00 "-.- .. I I ...-.-- I S 89'80'16" E ' 0 0 -. --- , 1 12'.00 q.3 ° .===: '" '" '" .--.-- o I Q) Q) - ~ 6 g :¡ I S 89'80'16" õ I .--=== I :: ~ ~ 12!5.00 ".::-==-': : I 5 89'80'IS- E , ' 1;3 1 '- o Q ..' Q _.___ I I /28.00 ... 0 ° 4 0 -..-- o ~ ¿ 2: ~1lÎ ---=:- Q Q co CQ __ ! C\Ï 7 .: ~ t.: I S 89'-0'16- r , 0 100 200 .-- ~ .. ;¡;- ... - ~ I' I , I ...:=== \ ~\ C\ I I:> /28.00 '--- , .., S 89'80'/6" E oct I I ...._._ , ,: " ~ ~ 1211.00 I ~ 5 ~ :!; SCALE IN FEET .~_= ,.'(~ -a 0 \G IðIQ _ \" ~ C\Ï 8 ~ '" '" '" !:! -.- j . .. I C\ , L ,~ - - Q :ri --/211.00- ." .-.- . S 89'50'/6- E: I ~ S 89'50'16" õ ._ --.- '" ¡..., 12'.00 I ò FIR g ~ , .=-==: :., g g 0 ST. <0 " ,~ -:::-::::=:: ~ C\Ï 9 . '" S 89"0'16"E '" .' " V '--- III) co ~ \ I --.--- . . Q) __ 12ð.OO_;... \ I ''''- o I S 89"0'16" E I .::1 :::==:: I 0 1 /2800 0 0 ..-- '" Q . 6 ~ I 0 0 Denotes 1/2 inch iron monument set and j'===:: I a. 10 ~ '" : marked .With Re9istra. tion Humber 12236 ==== ::: :: ' s 89'~O'IS- E I. .-===:: s 89'~0,6 ( '2~.00 . Denotes .Iron monument found ==== ¡ 12800 I ._ o 0 Q .------- g g ~ ~ 2 co 8EARING NOTE:: .-=== I C\Ï /I oj ~ Q ~ THE WEST liNE OF THE NE 1/4 OF ==== r, Q Q "., 1 THE NW 1/4 IS ASSUMEO TO HAVE A '- \, 5 89'~0'6· f. 5 89 ~0·16· E 8E:ARING OF N 00'18'83" E:. I ' ~OO I I /25.00 0 4. ° 30 ( . __, 0 0 0 ~ 1 I (,"(> ~ 12 ~ '" ~ 3 ~ ~ DRAINAGE AND - Q) Q) ~ ~ I S 89'~0'/6" E 1 ~ 1 589'80'/6- E I ~ UTI LIT YEA S E MEN T IJlII.OO 1 Q I IJlII.OO 1 ° I . 0 <1'1 !.---------...-- --- ~ -- 13 ~ ~~ 4 ~ ------------~-..---- I ' ~., co II) to 11) ..' 0',-1. I S 89"0'16" EI $ 89'501S- E I BE 1 NG 10 FEE r 'N '" lOT" . ¡ ,(,,,\ I 1211.00 1 /25.00 UNLESS OTHERWISE INOICATEO ~\.J.I Q Q 0 0 l Q 0 C) 5 0 I <IÍ /4· ... ,,; co ~ Q) ~ I I 5 89'SO'I6" EllS 89'SO'IS- E: I 99.00 I'T. NO. 01' SO. 0 . , LINE: NE//~ OF NWI/~ "'J f-.., /2'.0 I 12..00 '-I . I . 0 0 Q 0 , o 15 ° 0 0 .. . S 89'50'/6- E 26400 0 0 0 6 0 I .: . Q ° Q 0 I ~ OUTLOT 2SI.00 "A" ,- - ... ~ .. - - - - 2S/.00 .. - _.~ 1- -. -12~.OO -.' '- _ -/2'.00- _! ~ S 89'~0"S"'¡: ~'6.00 S 89'SO'16" ° ~ ELM ST co . '" 5~7.00 '" SOUTH LINE NE/14 HII/1/4 - - - .-. ..... N 89',0'/6" W 256.S7 NORTH UHE SE ÏI":f-NW 1/4 ~. , I . i ~ ~ NE COR. LOT /S !:! '" ... AUOITOR'S (^ "S" ... S! ::: SU80lVISION N.. 4 r') ~ o~ I (Î V '( -.I :::., y .~ <~E.t4 ....a '" . þ.~~ .;¡:, CQ . \!. \.~:¡ ~ g ~ RAILROAO ,,1; .. co 0 1 '..," "'. 0 å , 29'S/,00- "" .1 ;: ~ ò ,Dc .02·06'00" t", (,.. !:: '" I L. . ~OO.OO \ .......... fIl" Q út I ð,. O~·,~,OO" \ .' .' .. . .--1 I /" ,"-1 #..~ NOR1HLANO PLAT TWO \~ow ALL MEN BY THESE RESENTS' That LUHBER ONE. STATE OF MINNESOTA \VON INC.,a corporatiO¡ under the law of the State COUNTY OF STEARNS ~f Minnesota, . owner-and proprietor .. of th«t 'olJ oWinq- described pr ~ertysi tuatcd in the-City The foreqoinq instrument. was acknowledged before ,l St.. Joscph,County of Stearns, State of Minnc- me this day of , 19 I by 50t." f to-.,á t: - I_Ii TERRY J. SCaM! D , Ch~ef' ExecutJ. vc Of £ icer õf1:"UMBER _,' '''! ONE. AVON INC.,aMlnnesoca corporation, on behalf Th,jl pc1rl o(thc _ ~ort.hcastou,.)rt.eX' _ oC _ t.t:1~ of said corporation~ NOr'thwcst. Quartcr,SCCJion ,10, Township 124, Ranqc 29¡ Cily ol St. Joseph. Stearns Coun~Yf Minnesota. dc.~rjbcd as follows: ,i NClco1ry '\JiJ¡'c. Slcorns CounLy. ,,;nncsoLð Conuncncinq, ,at. ,,' the orthwcst corn<:r of sa~d Iher~by ccrt.jíy l.hat. I havc_survoycd,and platt-cd Northeast, Quarter oe' t Q ,NorthWestQuarter:thenc,,' ~ thc property dcs~t'i~ed on 'thIs plat.u¡NORTltLAND SouLh 89 dcqrces 48mlnutas 18 seconds East, Pw\TTWO, that lh1s1sa corrcctrcpresentðtion of assumed bearinq, on the north line of said ~he survey, that all distances ar~ correetly shown Nort.hcast Quarter of ,trcNorth",est Quartcr'SSS.. 00 on this p.l.at in f~etand hundr(!dths of a foot, feet- to ~he point ,O{~Qqinnin9 of t.he land t.o þe that all cnonUØM!nts have been" correctly, placed in dcsct'ibed:thenc:c continue South 89 deqrees :48 t.he ground as shown, that the outside boundary rninutes. 18 seconds Rðs't on said north line 3~O.OO lines are correctly desiqnated on the plat. "nd feet; thonee South QO degrees 18 minutes 53 that there are navisible wet lands as defined in seconds West parallell,with tbe west line of said Minnesota statutes. Section SOS~02, Subdivision 1 Northeast Quarter of t:he North..est Quarter 125.,00 or public biqhways to b.. desiqnatecI other than as feet: thence South }7 deqrees ,20 Ølinutes ,46 shown. seconds E:ast 69.22 fel't: thence South 00 dec¡re~s 18 minutes 53 secondaf,est parallel ..i th said west line 1124.35 feet. t tbe south line of said SIDNEY P. WILLIAMSON. LAND SURVEYOR Northeast Quarter of t e NO, rthyeat Quarte,r: then,ce Hinnesota License NUaber ,10918 North 89 deqrees 50 inutlla 16 seconds W.at ;on said south line 316 ~O feet: thence North .00 d.qr....a 18 minute. 53 seconds E:aøt parallel with STA-rr: 011' HINHESOt'A said west line 1125.14 ,..t. thence North 120 deqrees 26 ...inutes 417 seconds West 70.53' fe';t.: COUk1'Y OF S'I'!!AIUIS thence North QOda9r.e~ 18 ~nu~e. S3 seconds Eà.t . . parallel with said J."t. line 125.00 fee t tOt."h. The ,£oreqoinq su>:<teyor s CertJ.,.ficste was acJtnøvl- po' nt of beqinnin9 I eclqed before DIe this day of , .. 1393. by Sidn.y P. W1111~Land 5urveyor.Min- TOGJ¡THEIt with p..r1: of Ith. South.a.t Quarter of ~he Be.ota loicøn.. _r 10918. Northwest Qu..rt.r. 5ec1t ion 10, Town.hip 124. Ran.,e¡e 29, St.earns Councy. M1nne.ota. d..cribedl.. follows: I Noury pubbc, St.earn. Count.y. M1nnesota c....aq at the north_.t corner of s~id My COIDission 1!:x'pi:celS . Harch 25, 1996. .~~Quarter Of~'h. North....t Quarter: the~ce South 89 deqreea 50 Ølinute. 16 .econ~ ~aat. ...u..d bearinq. on the Borth line of said Approved by the Planninq Commission of the City of Southea.t Quarter of he North....t Quarter 343,..~J3 St. Joseph. Hinn..ota. At a reqular meetinq feeL to the northweat corner of Lot 13. AuditOf's thereof. on the day of , SubdiYiaion Nuaber 4 ..ccordine¡ to th. plat,snd 19 - survey thereof on fi1 and of record in the office --- of Lha County Recorde for the point of beqinninq of the land to be des ribed:thencecon~inue Soutb Cha1rperson 89 degrees SO rainuc,_ 16 seconds East On s;aid north line 236.67 fee~; thence SO':'th 00 deqrees:.18 We do hereby certity that on the day of minute ,5J seconds·· weSf parallel. w1th the "'est 1,lne . 19 , the City Councl1 of St. 0!5aid Southeast Qua ter of the Northwest ouar~ er Joseph. Mlnnesota, apprõŸed this plat. 376.39 faet to the 1'0 theasterlyriqht. of way 1.ine of the Bur linqton Northern Railroad: thence :nonhwesterly on said riqht of way line 261;.07 Mayor Clerk feat to the ..aat line[Of said Lot 13: thence N?rth 00 de qrees 00 ",inut es 00 seconda,E:ast on said .....t 1 hereby certify th..t this plat has been checked liBe 262.76 feat to t e point of beqinninq. ¡ ~~d approved this _day of 1 --- TOGETHER with part of the Southeast Quarter of ¡the Nor~hwe8t. Quarter; .se~tionlO' Township 12.4; Range 29. st. earn a coun ty,Minne.o.ta" describe d.,.I"S' County Surveyor. Stearn. Count.y., Minnesot.a f~low.: I ' . ' ' No delinquent taxes due and transfer entered chi. COINGencinq 4t. the' naX'thwest corner of said day ot· I 19 Southeast Ouar~crof the North~stQuar~er: thence -------- --------- SouLh 89 deqrees 5 ...ihute. 16 seconds East. au.._d be..rinq. on the Borth Une of .aid By Deputy Sout.heut Quarter ofl the NorthloHl.t. Quarter 580.00 f"Co . to, t.he paint o~ beq.inninq of the land tQ b. Coun,y Auditor. Stearn. Count.y. MinnesQta de.cribed: thence e~ntinue South ,89 deqree. 50 ..inutes 1Ii second. Ea.t. on .aid north line 316.00 feet. I thence South o~ deqrees 18 ..inute 53 .ecpnds Tax ?arcel NUlllÒer West. parallel with the we.t line of said Southeast Quarter ot the Northwest Quarter 487. 8l teet. to the nonh....nerly fiqht, of w"y line of I th.. 9ut'linqtan Non:.hern Railroad: thenc:enorth",eaterly I' . ' on sAid riqh~ of 4Y line3JS..Olfei!t. to I the h he~~by cer~J.fytha~ t~x.. ln, yeat' _on lands int.àtsCC\ ion. ...,i t.h '. line ""hich, bears Soutt1· 00 ere1n descrlbed ðre paJ.d, th.\s .. day of dcqrees 18 mlnut.e:l S3 seconds West (roOA' the ~int 19_ o£ bcqinninq:thenC1·.",<;arthOO deqr,ecsl8 tD.inuc.es 5J second8 East ) 6.J9>feet tathe þoin~ ot Boe t beq.1nnj,n9~ .' ....\ Y pu Y H..Y. c..used the'._ to be surveyed and PlatJd ... County Trauur..r. Ste..rn. ,County, Mlnne50ta NIÎND ?LAT TWO '~nd do hereby dedicate to .the p for public se forever the thOroughfares ! h . .. ," a so dedicAtinq' thé ee.OMenc.a aaahownon1this . ereb~ cert~tythat. th1.1n.tru~nt.w.. flIed 1n plat. for drainage ..nd utility purposes only. j the ofhce of the County Recorder for record on Ii, th1S _day ot _19 . at _o'clock In IIi tness whoreof ...id LUMBER ONE. AVON INC.. ha. _M.. . on<1 ,wa. duly recordecr-... Doc..-nt nUJOber 00.000 "... ,n-T" >. "'- '" 't'aPfoper - . In PlAt ClIb:1.nClt NuD'\ber otficers th.. day of . 19___. UMBER ONE. AVON INC. I By Depu~y T£RPY J. SCHMID, CH EF EXECUTIVE OF ICER I Coun~y Recorder, Stearns County, MJ.nnesOta . I J · · · I I I I I I i ,.- CCRN(R at' 1IC Nt; 'I· C1F 1Ht: NW 'I. S !111'-48'18'" e: 1J« II( '1. OF + '~I -.J.- ~.... C ~ _ J20.oo NaITII UHt OF I "" . - - T ~ ao.oo ....00 ao.oo"-]" ~ -.:;1' . - COR. SD:tIOII '0. T '2..... 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'" ' " 9. z~ ' ' .......,..... ..,... ~ i '-.. i!¡~ I ........... ~~ , I .....§....... -;:............... , 3-<..........,.. 1 ' / ....... / AU. 011 OUTLOT A ~A~'--.. ., ! i r1~f1.-7: WtLLtA"SO~-KOTS..tTH,INC. ~.- ,onllln_rsol suneJOrs , , .' ........... , I :' i ~' '"1 · · · '. , æ:tC111 605 Franklin Avenue NE, P.O. Box 51, St. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX architecture engineering . environmèntal . transportation ·_.'M...__. . " . . . :!! .', ;~ .! /.' ~ !¡ ;))1'- I¡'í' JU1 2 6 ¡i (1\ ¡ L 1999 .. Ii ¡ \\ I ' ' July 2$, 1999 RE: C~ty Engineer serviceê-'-'~:' ..- ...... ',.' ! I, CIty of St. Joseph··-···· SEH-RCM No. A-STJOE 0001.00 Mr. Terry Schmid LumbJr One, Avon Inc. I P.O. Box 7 Avon,l,rvfN 56310 Dear terry: . In res~onse to your request to have the City of St. Joseph assume ownership of Outlots A&B in Northlþd Addition, the City has asked me to obtain a cost proposal to perform a Phase I Envirobmental Assessment on these two outlots. I have received a proposal from Braun Intertec to complete the assessment for $1500.00. A copy of their proposal is enclosed. The City would like to split the cost, with St. Joseph paying $750.00 and Lumber One paying $750.00. If the assessment indica~es that the property is "clean", it is my understanding that the City will agree to accept the outlotsf If an environmental concern does turn up, or if further study becomes necessary, I assume both LUmber One and the City will have to evaluate whether to continue. Please let Judy Weyrens or me Iþow if you agree to split the cost so we can move forward. Thanks. , I Sincerely, " I/) '" ~,~ ~Œ /~~I:R} Bettendorf, P.E. \ð~ph City Engineer cb Enclosure: Braun Intertec Proposal dated 5/19/99 c: City of St. Joseph w/enclosure G:Iod\pr.n\b.¢LUMBERl.WPD . Short Elliott Hendri~kson Inc. . Offices located throughout the upper Midwest . Equal Opportunity Employer . ¡. ¡é help you plan, design, and achieve. .- -, '" t- · · · · TH IPD F OOR · SECOND flOOR I I ! I ~10 ) ÇORNER APT UN I TS- 4 BEDROOMS 1080 SO FT 4) M I DOLE APT UN ITS - 4, BEDROOMS 1100 SO FT ( 10) M I DOLE APT UN I TS- 3 BEDROOMS 930 SO FT I TOTAUS ~ 14) 4 BEDROOM APT UN ITS · 10) 3 BEDROOM APT UN ITS (1$) GARAGE STALLS (102) PARK I NG SPACES - 4 ARE H .C . I I I I i ¡ · · · i I . I ' .1' . ""r-'-':_'_~'__'_+":':"_'__' ~'--'--'--'--'--'--I I . i j i I, I' I I --c.-_-Î i I, I I i i i I I i I I I \ 32 --I I I Iii I I I I i i I L I .----1 I , ¡ i i ·\\CI.'j.\'f:.F'.>,~;~'-"\ },~~S~. ! !__,_..:~.y__..:.::-.\ ~~~!..~~~::. .t~ "'":::.".__~~~_:_ 1;:..::~~~J" f_~__._:.:....:.~_.__....:..._,,_~.__.____ I i·- -, -, t - .- ,- '-.' .......1-. -. -. ,-'-- --'- .- .- '-'. .' l' I~ '. I ' / I '.,,~:' (iI" ,'I· .', , J ., , I ~ ' 1 i 'li -(:I .i ;1 Isi,: ¡\ ' ..1.' 'r~.' '. I""!.' 2 11i.~. .; ¡ ~¡. I' ¡'¡I) Vi Ij'); '1." <, "." i .\:[..-..--.. 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Box 1433 St. Cloud, MN 56302-1 33 July 30, ,1999 --HAND DELIVERED-- 320-251-1055 Toll Free 800-445-9617 Fax 320-251-5896 Ms. Judy Weyrens Deputy Clerk of the City of S1. Joseph 21 First Avenue Northwest rajhan@cloudnet.com P.O. Box 668 S1. JoseBh, MN 56374 Re: Ordinance Amendments Our File No. 16397 Dear Judy: . Enclosed please find the following Ordinance Amendments: 1. Ordinance 51 - Building Ordinanc; 2. Ordinance 52 - Zoning Ordinance; and 3. Ordinance 53 - Parking, Location and Use of Trailer Houses and Mobile Homes. Frank J. Rajkowski·· Also enclosed is a Summary Publication for the Zoning Ordinance. Gordon H. Hansmeier In making the·changes to the Zoning Ordinance, I worked off the existing Ordinance'and Frederick L. Grunke pennedi~ the requested changes on a photocopy. After the changes were made to the Thomas G. Jovanovich· existing Ordinance, Barb Zierden reviewed the draft. I also reviewed all of the changes. Hopefully, we have picked up any typographical errors, but as proofreading goes, H. Scherer . sometimes the, more your proofread something, the less likely you are to find errors. p.cul A. Rajkowski· Therefore, if you or Chad have an opportunity to review this draft against your notes, ~evin F. Gray please do so and let me know if you find any other typographical errors which we can correct before. Thursday. 'Nilliam J. Cashman Ríchard W, Sabalvarra I redrafh~d the B-1. regulations in accordance with the' directions of the Planning ,30th S. Thompson Commission. I hope that this draft represents their wishes. . Where appropriate,· I made some minor grammatical changes or added some additional words for further clarification. ;_otte f\, Hansc>n Otherwise, I did not make any changes to the substance of the proposed amendments. .....\rneso<1 . Please let me know if you see anything thatwas missed. Scott G: :iamak ;),)trick J. Larkin r:rank); Rajkowski and Richard W·Sobalvarro are admittedto practice in North.Dakota, Gordon H Hansmeier in North Dakota and Wisconsin, Paul A. RajkolNSki in Wisconsin and William J. Cashman .in South Dakota, I, ·Member of American Board of Trial Advocates. ·Qualified ADR Neutral. Jr ., . July 30, 1999 Page Two Judy, to save time, Ihave enclosed seven copies of the Zoning Ordinance; I have one for each Council member and one for both you and Chad. Very truly yours, RAJKOWSKI HANSMEIER LTD. mS/baz Enclosure . . ~'i " . AMENDMENT TO ORDINANCE'Sl 1 BUILDING ORDINANCE The City Councill for the City of S1. Joseph HEREBY ORDAINS: . ·1 1 , That Ordinance 51 oftheSt.Joseph Code of Ordinances is hereby amended as follows: i 1. That the first paragraph of Section 51.1 is amended to read as follows: I ' . "Section 51.1: PERMITS REQUIRED: No person ,shall erect, alter, wreck, or move anylbuildingor part thereof within the City of S1. Joseph, without first securing.~ building permit. The application for a,building permit shall be accompaqied by a, plan showing the dimensions of the lot to be built upon, including iapplicablesetbacks, the size and location of the building upon the lot and any accessory buildings, to be erected, the use to which the intended building is to be put, a~d the estimated cost thereof If the proposed building complies with the Minn~sot~State BuildingCodeand the regulations adopted by the State of Minnesot~, as well as all of the ordinances of the, City of St. Joseph, the City Building ~nspectorshall issue a permit therefor conditioned upon the applicant's . compliance with all State laws, and City ordinances. All permits shall be co-signed by the City Clerk and all additional permits necessary shall be obtained at that time." i , 1 2. That Section 51.3is amended to read as follows: I 1 , "Section $1.3: PERMIT FEE. Each application shall be accompanied by a certified check or cash to cover the building permit fees hereinafter provided, as well as th~ State surcharge affixed by law. The Permit Fee shall be established and amended rrom time to time by resolution of the City Council." I 3. That Section 51.4, Subd. I(b) is amended to read as follows: i I "Copper ~ube3Eor 3Gor3N fittings. Those underground joints to, be soldered shall be si~ver soldered. Electrical conductivity shall be maintained to the meter inside .of t,he building or pressure, tame" 4. ThatSect~on 51.6 is amended to read as follows: i , "Section $1.6: COMPLETION DATE. With respecttoany construction, alterations, remodeling or.otherwork for which a permit is required hereunder, the proposed\workfor which a permit is issued shall be completed in its entirety within . one year.after issuance of the building permit. Ifinone,year after making application for a building permit, the work is not completed, the applicant may request tge PlanningCornmission to grant an ,extension for up to one year in ! ') i I I .... length. In the event ofa violation of this provision; in addition to other remedies . provided herein; the City may proceed to fully ,or partially complete the permitted work; or remedy, any unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent per annum against the property in question. " These Amendments shall become effective upon passage and publication. These Amendments are adopted by the City of 81. Joseph this ~ day of ,1999. Mayor Clerk! Administrator This Ordinance Amendment was published this _ day of , . 1999, by the St. Joseph Newsdealer. July 30, 1999 N:\citylstjoe . 2 \ I i I , . . 1 , f\MENDMENT TO ORDINANCE 52 , ZONING ORDINANCE The City Council for the City of St. Joseph HEREBY ORDAINS: I I ; i That Ordinance 5'2 of the St. Joseph Code of Ordinances is hereby revoked and the atta I hed Exhibit "A"her~to is enacted in its place. , I \ The St. Joseph City Council further RESOLVES that this Amendment may be published by s mmary publication, I i This Amehdment shall be effective 'upon passage and publication: 1 I This Ameµded is adopted by the City of St. Joseph this _ day of August, 1999, :vit~ Co~~cil members Hfemenz, Loso, Niedenfuer, Twitand EWert voting in favor, and no votes m OpposItIon. !' i I , . \ i Mayor ! Clerk/Administrator i This Ordi~ance Amendment was published this _ day of , 199' , by the St. Joseph Newsleader. \ July 3 ' , 1999 N:\citylstjoe I r i I I . AMENDMENT TO ORDINANCE 53 ". PARKING4 LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES The City Council for the City ofS1. Joseph HEREBY ORDAINS: That Section 53.1 of Ordinance 53 of the S1. Joseph Code of Ordinances is hereby amended to read as follows: "Section 53.1: DEFINITIONS. Subd. 1: Trailer Home and/or Mobile Home. Any structure used for sleeping, living, business or storage purposes, which is NOR has been equipped with wheels for the transportation thereof from place to place, and the fact that the wheels have been removed thereftom or a foundation of whatever nature, placed thereunder shall not exclude it thereftom, excepting a device used exclusively upon a railroad track operated by a railroad company. Subd. 2: Person. Any individual, corporation, partnership, or other association of persons. Subd. 3: Residential Area. Any area not zoned "industrial" and any area not specifically . designated as a "trailer park" or "mobile home park". Subd. 4: Owner. A person owning legal interest in a "trailer home" or "mobile home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof. Subd. 5: Trailer Park and/or Mobile Home Park: A designated area specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of Minnesota, and approved by the City of St. Joseph." This Amendment shall become effective upon passage and publication. This Amendment is adopted by the City of S1. Joseph this _ day of ,1999. Mayor Clerk! Administrator . This Ordinance Amendment was published this _ day of , 1999, by the St. Joseph Newsdealer. July 30, 1999 N:\citylstjoe . f.1) . SUMMARY PUBLICATION , AMENDMENT OF ST. JOSEPH ORDINANCE 52 I ZONING ORDINANCE I The City ofSt. Jo~eph has amended Ordinance 52 of the St. Joseph Code of Ordinances I by laking S¡gruficantrisions an<l the creation of a new Zomng District designate<l as B-2 Hig¡ay 75 Busioess" T~e reyisions also inclu<le oo<litions an<l moilific;ttions of the <lefinitions, chan es to the apPlicatiol, procedures, a revision of the regulations for Light Industrial, and many Oth1 minor changeS"Tht various subjects a<l<lressed by the Ör<linance may be found in the sections described below:! I I Section 52.1: Title and Contents Section 52.2: Purpose and Intent. Section 52.3: Jurisdiction, Application, Interpretation and Separability . Section 52.4: Rules and Definitions Section 52.5: EnforcementNiolations and Penalties Section 52.6: Building Permits Required (when not required and application process) Section 52. 7: Board of Appeals and Adjustments (composition) Section 52.8: 1 Variances (procedure and standards) Section 52.9: Special Use Permit (procedure and standards) Section 52.10: I Amendments and Rezoning (procedure) Section 52.11: i Fees and Contents of Petitions for Amendments, Appeals, Adjustments, Special Use Permits and Variances Section 52.12: Non-Conforming Uses (what is permitted and lapse) Section 52.13: Planned Unit Residential Development (PURD) Section 52.14: General Requirements (signs, parking, pornography, fences, etc.) Section 52.15. i Zoning District Boundaries and General District Provisions , 1 Section 52. 16: I Agricultural District (regulations) I Section 52.17: R-l, Single Family Residence District (regulations) Section 52.18: R-2 Two Family Residence District (regulations) Section 52.19: R-3 Multiple Family Residence District (regulations) Section 52.20: R-M Mobile Home Residence District (regulations) Section 52.21: B-1 General Business District (regulations) Section 52.22: B-2 Highway 75 Business District (regulations) . Section 52.23: L-I Light Industrial District (regulations Section 52.24: E E- Educational- Ecclesiastical District (regulations) . This published materiaUs a summary of Ordinance 52. The full text oftheorçlinance is . available for inspection at the office of the St. Joseph City Clerk during regular business hours. This Ordinance was adopted by the City of St. Joseph on the day of ,1999. Mayor Clerk Administrator July 30, 1999 n/city/stjoe . . 2 , III i · G ~()()1'E~~ ·LEHA;~;~'1 YrDEMAN i i Main Office: 808 Courthouse Square, St. Cloud, Minnesota 56303 Phone: (320) 252-3740 Fax: (320) 255-0683 www.gltarchitects.com Ms. J dy Weyrens Depu Clerk I City f 8t. Joseph I 21 Fi st Avenue N.W. St. Jo eph,MN 56374 I Re: St. Joseph CityH~lI St. Joseph, Minne~ota ¡ I s. Weyrens, I Encllsed.are two copies of tor agreement for arcþ,tectlJral services for the referenced project Asnoted in our phone con~ersation, we are not including a fee for the entire project until the scope can be d9termined. We have proposed programming be done at hourly rates, anddlleethescope of the projer is determined, we w.ill negqtiate a fee an<l an amendl1!ent to tÞis contract will be issoed. Pleas review the agreemJnt, complete items 1.1.3.1, 1.1.3 .2. and 1. LJ.3; »ßd If Ítmeets With yoor · apprr' signbothcopies. retain One copy foryoor records, and.retorn theremaimng !,opyto om office. If yo I. would like me to walk through the agreement with you, please feel free to call me and weean set up a lme to meet. ,I We are thrilled to have been selected for this project, and look forward to working with the City of St. Josep on these exciting prÓjects. DAUcs Ene. CC: Stephanie Howe (9928 001) · Branch Office: 475 Second Avenue, Newport, Minnesota 55055 Phone: (651) 459-9566 Fax: (651) 768-7957 · IÞ IÞ I 1997 EDITION . AlA DOCUMENT 8141-1997 IISt~m~ard Form of Agreemen~ Be;ween .Owner and Architect ~" wIth Standard Form of ArchItect s ServIces This document has important AGREEMENT made as of the twenty-eighth day of Jul y legal consequences. Consultation with an in the year Ni neteen Hundred Ni nety-Ni ne. attorney is encouraged (In words, indicate day, month and year) with respect to its completion or modification. BET WEE N the Architect's client identified as the Owner: (Name, address and other information) TABLE OF ARTICLES City of St. Joseph P.O. Box 668 1.1 INITIAL INFORMATION 21 First Avenue NW St. Joseph, MN 56374 1.2 RESPONSIBiliTIES OF THE . PARTIES 1.3 TERMS AND CONDITIONS and the Architect: (Name, adqress and other information) 1.4 SCOPE OF SERVICES AND Grooters Leapaldt Tideman Architects OTHER SPECIAL TERMS 808 Courthouse Square St. Cloud, MN 56303 AND CONDITIONS 1.5 COMPENSATION For the following Project: (Include detailed description of Project) Remodeling of existing First State Bank building, and the existing Fire Hall into ~ity Office~ and Police Station. Further description of the project will be developed ln programmlng ,~i,. ..~Y!I.~: .'/l1li" IiiI!IIIII!iIII © 1997 A I A® AlA DOCUMENT 8141-1997 . STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects 1735 New York Avenue, N.W. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ©1997 by The American Washington, D.C. 20006-5292 Institute o( Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecu- tion. WARNING:Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. J e ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) To be determined later by mutual agreement 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) To be determined later by mutual agreement. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) To be determined later by mutual agreement. 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) . unknown at the time of executi on. 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: . to be determlned later by mutual agreement. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation is: b d . 1 ' to e etermlned ater by mutual agreement 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) to be determined later by mutual agreement. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) unknown at the time of execution ß I '" 0 1.1.2.8 Other parameters are: ~" ..".. ..<5> (Identify special characteristics or nceds of the Projcct such as energy, environlllcntal or historic preservation ~ requircmcnts.) ©1997 AIA® . N I A AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. I Washington. D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I · 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) 1.1.3.4 The Architect's Designated Representative is: · (List name, address and other information.) David Leapaldt, Project Principal Stephanie Howe, Project Architect 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Mechanical Engi neeri ng Electrical Engineering Structura 1 Engineering 1.1.4 Other important initial information is: When the services under this Agreement include contract administration services, the II 1.1.5 Gendral Conditions of the Contract for Construction shall be the edition of AlA Document A20l '" 0 o. .0 current as of the date of this Agreement, or as follows: c> ¿, 'ä'::::h' ~ C> c::=:::J © 1997 A I A® AlA DOCUMENT 8141-1997 · 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner STANDARD FORM and Architect in determining the Architect's compensation. Both parties, however, recognize that AGREEMENT such; information may change and, in that event, the Owner and the Architect shall negotiate The American Institute apprppriate adjustments in schedule, compensation and Change in Services in accordance with of Architects Paragraph 1.3.3. 173S New York Avenue, N.W. I Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ! · ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in · Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with ä professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially " 0 o. .0 shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be 0'.""".'0 o c:c;¡J <;::> ad ¡usted, if necessary, as the Project proceeds. This schedule shall include allowances for periods c::::::::J of tim.: required for the Owner's review, for the performance of the Owner's consultants, and for © 1997 A I A® AlA DOCUMENT 8141-1997 · approval of submissions by authorities having jurisdiction over the Project. Time limits STANDARD FORM established by this schedule approved by the Owner shall not, except for reasonable cause, be AGREEMENT exceeded by the Architect or Owner. The American Institute of Architects r 1735 New York Avenue, N.W. I Washington, D.C. 20006-5292 ~ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I' I 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized . to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS . 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE ä 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- '" 0 ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the o. .0 authors and owners of their respective Instruments of Service and shall retain all common law, CJ· ...... '0 o'~'~ r:==::J statutory and other reserved rights, including copyrights. © 1997 A I A ® AlA DOCUMENT 8141-1997 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive STANDARD FORM . AGREEMENT license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, The American Institute including prompt payment of all sums when due, under this Agreement. The Architect shall of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I . obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is ad judged in default of this Agreement, the foregoing license shall be deemed termipated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior¡written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without . liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form' or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required,the Own,er shall give prompt written notice to the Architect, and, the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3-9.2 and II III Paragraph 1.5.5. "" 0 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, ~å'cC3.::>.~g the Architect shall be entitled to an appropriate adjustment in the Architect's schedule c::=::J and compensation: © 1 9 97 A I A ® h . h· . 1 . b I 0 h . ... AlA DOCUMENT 8141-1997 . .1 C ange III t e IllstructlOns or approva s given y t 1e wner t at necessitate revlslOns III . STANDARD FORM Instruments of Service; AGREEMENT .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; The American Institute of Architects 1735 New York Avenue, N.W. I washington, D.C. 20006-5292 WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I .3 decisions of the Owner not rendered in a timely manner; . .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by . agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration; Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4. 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. _ 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute ,,:;U or other matter in question has arisen. In no event shall the demand for arbitration be made after ~ö.~,~~ the date when institution of legal or equitable proceedings based on such claim, dispute or other c==::J matter in question would be barred by the applicable statute of limitations. © 1997 AIA® AlA DOCUMENT B141-1997 N b· . . . f I· h· A h II' I d b I'd . 1.3.5.4 0 ar ItrattOn ansmg out 0 or re atmg to t IS greement s a mc u e, y conso I attOn . STANDARD FORM . .. . . . . AGREEMENT or Jomder or m any other manner, an addlttOnal person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the The American Institute Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration k of Architects involving an additional person or entity shall not constitute consent to arbitration of any claim, 1735 New Yor Avenue, N.W. ' . Washington, D.C. 20006-5292 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I ,v ;:,' \V ',r, . dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in qubtion arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act . shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Arc4itect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants ß shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. '" 0 ô. .<::> O· ...... '0 o'cx:::rs<:::;, 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the c:::::=::J design of the Project among the Ard1itect's promotional and professional materials. The Architect © 1997 A I A® shall be given reasonable access to the completed Project to make such representations. However, AlA DOCUMENT 8141-1997 . STANDARD FORM the Architect's materials shall not include the Owner's confidential or proprietary information if AGREEMENT the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for The American Institute the Architect in the Owner's promotional materials for the Project. of Architects 1735 New York Avenue, NW. I Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such . certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect . shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. ä 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses '" 0 then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. o. .0 0·...·"·.·0 o CC;):Î 'a. c==::J 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement © 1997 A I A® and include expenses directly attributable to termination for which the Architect is not otherwise AlA DOCUMENT 8141-1997 STANDARD FORM compensated, plus an amount for the Architect's anticipated profit on the value of the services not . AGREEMENT performed by the Architect. The American Institute of Architects 1735 New York Avenue, NW. Washington, D.e. 20006-5292 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. . 1.3.9 PAYMENTS TO THE ARCHITECT , 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be m de monthly upon presentation of the Architect's statement of services. No deductions shall be m de from the Architect's ,compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been ådjudged to be liable. 1.3.9.21 Reimbursable Expens~s are in addition to compensation for the Architect's services and inclu I e expenses incurred byl the Architect and Architect's employees and consultants directly relate to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Seryìce; .4 expense of overtim'e work requiring higher than regular rates if authorized in advance by the Owner; , .5 renderings, mode1s'and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project-related expenditures. . 1.3.9. Records of Reimburs~ble Expenses, of expenses pertaining to a Change in Services, and of servifes performed on the basis of hourlyrates or a multiple of Direct Personnel Expense shall be availrble to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.14. Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their, mandatory and customary conti ibutions and benefits related thereto, such as employment taxes and other statutory emp oyee" benefits, insurance, sick leave, holidays, vacations, employee retirement' plans and Slml ar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1l Enumeration of Parts of the Agreement. This Agreement represents the' entire and inte~mt'd 'greem,nt between th, Ownfrand th, Ar,hit,,, ""d ,up""des all pno'n,goti"ion'. reprfsentations or agreements, either written or oral. This Agreement may be amended only by writt¡ en instrument signed j by both Owner and Architect. This Agreement comprises the doclments listed below. , 14.1 "I. Stan,da rd Form of A g,,'.,iee ment B etw, ee n' Owner and Archl'tW, AlA Dowm'nt "'4'"'997'n ' . 1111 1.4.1.1'2 Standard Form of Architect's Services: Design and Contract Administration, AlA " 0 Document BI41-1997, or as follows: ~" ...... ..J> (List other documents, if any. delineating Architect's scope of services.) ~ ©1997 AIA® AlA DOCUMENT 8141-1997 . 1.4.13 Other documents as follows: STANDARD FORM (List other documents, if any, f()~ming part of the Agreement.) AGREEM ENT The American Institute of Architects 1735 New York Avenue, N.W. ¡, I Washington. D.C. 20006-5292 WARNI.~: U,"œ,," ,.,.""''''... ,.t. U.. "",..'n ,..." .... wm", o<. ~. .'''''~' .. '...1 i~~",,". I . Special Terms and Conditions. Special terms and conditions that modify this Agreement are follows: ARTlCL 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Hourly for programming and for the development of the scope of the work. Once the program and scope of work is determi ned, a fee wi 11 be established by mutua 1 agreement for the remainder of the work and will be added to this agreement by signed amendment. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. . (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which partic- ular methods of compensation apply.) At the hourly rates attached for all additional work performed, or by a mutually cigreeable stipulated sum. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one and two tenths ( 1. 20 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one and fi ve hun~reths (1. 05 ) times the expenses incurred by the Architect, and the Architect's emp oyees and consultants. ß 1.5.5 Other Reimbursable Expenses, if any, are as follows: "" 0 o. .0 Q. ,..... .'0 o' a::;::\ ~ r::::==::J © 1997 A I A ® AlA DOCUMENT 8141-1997 . STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. I Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legai prosecution. · 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of zero Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid th ii'ty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 10% (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the serVlCes covered by this Agreement have not been completed within thirty ( 30 ) months of the date hereof, through no fault of the · Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. OWN E R (Signature) David A. Leapaldt. Principal (Printed name and title) (Printed name and title) CAUTION: You should sign an original AlA document or a licensed reproduction. Originals contain the AlA logo .",. printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. ~~,..,..~: 1111'1.":, ~ © 1997 A I A® AlA DOCUMENT 8141-1997 · STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, NW. I Washington, D.C. 20006-5292 WARNING: ,Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecutiol\- I · · · WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject thl! '¿olator to legal prosecution. 1 I . I I I I i 1.6.0 i Supplementto Standard Form of Agreement j Between Owner and Architect I with Standard Form of Architect's Services i i Add[tiöns or. mOdifiêanonj to the agreement are. as follows: 1.6. I Add paragraph 1.3,.1.4: "1.3.1.4 Constrqctioncost shall ;include all alternates whether accepted to proceed thru construction or not. lfnot accepted as part of the construction, the feeshflll be applied only to I the phases ofBasi9 Services performed by the Architect for the alternate(s)." i 1.6. At 1.3.3.2, add th.elfollowing paragraphs: ".8 providing ¡services made necessary by the default of the contractor by the contractor's failure to *dequatelY staff the, project with sufficient number of appropriately qualified andexperi:enced staff, by major, defects or deficiencies in the work of the contractor, or by failure i of performance of either the owner or contractor under the contract' for construction. . .9 reviewingfshop drawings, product data, samples and similar submittals of the contractor I ... ..... .... .. ...._. .-. _ -.-.- _ _ - .--. - _._ _' more than indicatedin paragraph 2.8.1-1 or reviewing any submittals out of sequence from any s~bmittal schedule agreed to by the ,architect. I .10 responding to contractor requests for information where such information is available to contractor f from a careful study and, comparison of the contract documents, field conditions; other owner provided information, contractor prepared coordination drawings, ?r prior project correspondence or documentation. I .11 for any. poction of the work performing more than the, ,number of inspections indicated. in 2~8.1.3 to Idetermine whether such portion, of the work is substantially complete or whether any item connection, therewith is in, accordance with the requirements of the , contract dqcuments." '¡ I I I I I I . ~. :>. ..r . . . . CITY OF S.T.JOSEPH I 21 First Avenue NW i P.O. Box 668, I St. Joseph, MN 5637 July 28 1999 (320) 363-7201 ' I Fax: 363-0342 Honorable Ürry Meyer 400 - 2nd Street South 11ft.. St. Cloud MN 56301 ih. I egg =. Dear Larry: 1 I i MAYOR I would like to· set up a meeting date with you and, perhaps, certain members of your staff, to Kennethl Hiemenz discuss expansion of the sanitary sewer capacity available to the City ofSt. Joseph. We have considerable Ireserve capacity available at this time, but want to address several issues that will impact St. Jo~eph before we reachour limit. CLERKI ADMINISTRATOR The City of Çold Spring is planning to expand their wastewater treatment plant and is open to Rachel Stapleton servingsurro~mding communities. While we hope to continue our contractual relationship with St. Cloud long term, we want to evaluate whether or not we should look at Cold Spring as an alternative in the event Jdditional space in St. Cloud's system is not economically feasible., Specifically, we. would like td know when additional space will be available in your system, how additional trunk COUNCILORS sewer space ~il1 be provided, and, if possible, what kind of cost we are looking at for additional Bob Loso . 1 capacIty. ' Cory Ehlert , .~t Another issu~ we would like to discuss is whether St. Joseph or St. Cloud can best provide sewer ledenfuer service to St.¡ Wendel Township. In either case, capacity is an issue. Finally, I understand that St. Joseph will n:eed to purchase space in your system to serve the three Sections in St. Joseph Township thilt were originally in St. Cloud's planning area, but now are included in an orderly annexation a~ea to St. Joseph. I am open dJing the morning on August 6th,'all day on August 10th and 11 tho If these dates are inconvenientl please let me know what would work for you.. You can reach meat 320-363-8803. We would like to let Cold Spring know if we are interested by the end of August if possible. Thank you. Sincerely, \~,.. ~\~'., KennethJ....· ~'~'<l.' Mayor 1,. ~.J KJH:jaw cc: Joe Bett~ndorf, City Engineer St. Josepf City Council Members . I ( I i . . . [:'(J ,-,,'1\ c', \ ~"ì ): Y I . \(11 . 1999/2000 Transportation Priorities The Ce tral Minnesota Tra~sportation Alliance advocates on behalf of transportation infrastructure investments in central Minnesota. iI'he Alliance works with public officials atthe federal, state and local levels. 1 The Tr sportationEquity~ct for the 21st Century (TEA-21), passed by Congress in 1998, included three central Minne ota transportation p~ojects that were specifically mentioned in the bill as high priority projects. The Sauk Rapids ridge received fed~ral funding to begin construction in 2001, 10th Street South in St. Cloud (1999), and 3r I' St. North in Waitt~Park (2000). The Central MinnesotaTransportation Alliance is proposing that the following proj ects be positioned for inclusion in the congressional reauthorization of the federal TEA-21 in 2003: MiSSiS!¡'PPi River Crossings] at 33rd St. South and the 1-94/TH 10 Freeway Crossover should plan to have Environmenta Impact Statements (E1S) completed by 2002, and TH 10 should be planned to be reconstructed to a freeway desi from Benton Drivel in Sauk Rapids to the new 1-94 Mississippi River crossover. Minnesota currently recei es approximately 2p-cents back for every dollar the state sends to Washington for federal transit programs. The Alliance supports increasing the share of federal transit dollars received by Minnesota to support transit eqUiPmrnt and facilities in gentraI Minnesota. State ltgislators will need to focus on outstate regional growth areas and work with transportation officials . local e1ec1"<l 0 fficialsto. ensurl a<lequate infrastructure investments are bein& made to sustain the econonùc elopment nd population increáses. Central Minnesota has been the fastest growing outstate metro area for the past 20 years d is forecasted to rbmain the fastest for the next 20 years. Trunk Highway 10 and 1-94 are significant bu iness and developm~nt corridors and state policy will need to recognize the important role such corridors play in the economichea~th of the entire state. The C ntralMinnesota Transportation Alliance supports an additional 1-94 interchange to' serve the S1. Cloud business park, as well as the Northstar Corridor initiative being studied to increase freight and travel demand activity along the Highwar 10 corridor between the Twin Cities and S1. Cloud. The concept of a ring road surrounding tli~ S1. Cloud metro area will need to be analyzed in concert with the S1. Cloud Area Joint Planning Districts landhse plan. TheMinn~sotaDepa:rtment of Transportation-District 3, will need to expand its facilities in the S1. Clo dareato not only m'eet the growing demands for operating and maintaining the existing I infrastructure, but also to design and manage significant expansion of the district's construction program under TEA-21. : The C ntral MinnesotaTrcinsportation Alliance also, supports enhancing the rail corridor between Fargo and the T WinjC ities toelimina t ,e cF.i..entsin gleline bottlenecks. The Alliance also supports the ex ten,sionof runways at th S1. Cloud airport, upgrading airport facilities and pursuing service to another airline hub. : MemHersof the Central Minnesota Transportation Alliance are prepared to aggressively pursue these traIlsportatio~ infrastructure investments in central Minnesota and will be active at the state legislature andwith Minnesota's~ongressional delegation to address the growing backlog of surface and air transportation projects in crralMwnrœ. ... .... ................. . P.O. 80 x 7 6 ~ 4 · S t. C Iou d, M inn e 0 t a 5 6302 - 7 674 ¡ . '. . <: b VV\l\ 0 -- rY} . )~. Cenfrâl··Miilnesotâ I TransportationAlliâl1ce. I '..',..,.. Q: Are youtra~~lst~r..~ug~Cfntral Minnesota encountering more congestion? Q:Are safe, efficient roadways importantto.~our movements through ,the gl'eaterSt. Cloud aref? I ' , . '.. . ce:~l :i:-:::.0::,::~;I;::;1t~i;::,::I:;;,0~;;::~~.~;i:::;.;::,~t;;;::~::::::;;:~m 0::t;~::~¡:k~;:;::; thisarea'Sg¡thf .. . '., '.. .... . . . '. ,. '.' ...... . .... 1þeCe~1 . 't"sotoTran~pirtat¡Jn A~ion«;1e;'t)'ou~.helP(:fl~~~I,::g"j{O~;"ito.eon"et cent;al~~efo!fi",ithBt . -> > :, ...._. ..., . '" __ .,'..:.....,.. . ,',' ,:- " I ;;:;;J::;,;m benefitUS·r·';;;;;;·;;;; .;....... ...;..;.;'.'.~;:""'il.;.. ..... .'...; ... ; ..;. ;;.........;.....',.,\;1;;1 TIÚ~ Central Miinnesota Transportation Alliance is an organization comprised largely of businesses from St. Cloud and other local commumûes tr reCogniw ~e imPd~nce.ofmmn~nance and. expansion qfgood foadsand bri<lg~ m. around and ~rough the St. Cloud ar~a, to keep p~ce with the rrea's rapid gr~wth, . ' , Our area of mv lvement mcludes local,state and natIOnal fundmg, and all modes of transportatIon. . . . , 'I ". . . · HOW,Ditf We Start? 1 ;¡þCentral Mib~ota TransportaÛOl! Alliance began on March 29. ! 995 when a group of hosiness people. publié~fficiaIs and i 'duals metl to discúss this area's rpadway congestion. The consensus after this first significant meeting was that: I )Conges- tion on our roa~way ."infrastructure" ras definitely a probl~m. 2) Due to the rapid growth in the Central Minnesota area, addi- tional pressure . will most certainly c9me to. bear upon our existing roadways. 3} Central Minnesota could well benefit from a grassroots transportation coalition thaf could speak. as one voice.in promoting roadwaylhighwayprojects needed in this area. · What wk've Done I . . Fróm thatauspibious,beginning, theAÍliance has successfully supported projects including: · St. Cloud's 3rdAve. North expan~ sion, · St. Clou~i's 10th St. South expÌU1sion, · Mississippi River corridor preservation study, for future bridge needs. I i, ' . ,. I · Our Fu~,re .[ Much as what h occurred in other parts of Minnesota, the Central Minnesota TransportationAlliance can effect change, by way of:w.;w: e b hi! Please join us in bur continuin~endeavors to create a safe, aesthetic and efficient transportation system for Central Minnes ta, Our efforts shall bHng us down many more roads, with definite accomplishments. I .. . : . .. ! · Missionrtatement ¡ . . . · . Recognizinithe numerous inter-relationships that the transportation system has on economic vitality, social deve~opment, environmental quality and overall quality of life, the mission of the Central Min- .'. . nesota T9nsportation Alliance is to advocate for an effective transportation system. to and through f ." Central Miun~ota. This will be accomplished ~rough active broad;basad mvo1vement of area busi- nesses and indu try in transportatinn~líeies. plans and programs or state. and loeaJ tranSportatiou antÎt()riti~. · Meetingf.: . .r~1 membAship meetings are n?+ally held on the. 4th Tue~day of each month, from 7:30 to 9:00 a.m. Thr~ughout the y~ar, á1hance bnngs speakers and tOpiCS of relevance to It's meetmgs to educate and advocate for a safe, accessible and efficient i I transportation s . stem. ! i I i , I 7/99 I I . . . ·- CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, I St. Joseph, MN 56374 I (320) 363-7201 Incident/Complaint Memo Fax: 363-0342 I I Ilk ! Date: '7-;X; 192f' Time· /5.~~{) MAYOR Name of Cauier ... [)IDAJ~A) Kenneth J. Hiemenz Address of Caller ..f10¥d- QI.5'/ /)0£ CLEW I ADMINISTRATOR Telephone NLmber 91:;3- &80/ Rachel Stapleton Nature of Incident / Complaint 72 COUNCILORS Bob Loso Cory Ehlert Ken Twit Medenfuer , OOOOODDDOOOIJWWWJLJlliJD[]OODDDDOrnnUJLU II n n n D I B WJI][J[[]IJ[J(]J[][OOODO I For Office Use Only I I Incident / Corilplaint Received by Person Notified Date Action Taken 1 Final Disposition I I ~ . I 1 i ! 1sT. JOSEPH PARK BOARD I Sf. Joseph, Minnesota 56374 . , , i I iMinutes of meeting held JUNE 28, 1999 tting called to Ord~bY Lonnie Ahbott at 700pm Members present:Joh~Walz, Marge Lesnick, Lonnie Abbott, Bruce,Berghorst and I Cory Ehlert: '. Gues~:. Chad Carlson. rembersAb$ent c+kku~k. ~<l Michael Mc~on&<l rrov& of Minutes I MotiohtQapprove the Minute$ waS pæsed i iason Report: N/ A I i ' I hairman Report: N{A Id Business: Northland Park: Discussion on swing set and slide to be purchased,from . Game Time!. Motion by Marge seconded by Bruce to spend $3,707.11 forthis.l\.1;otion passed. Discussion ora 30'x 12' high baseball back stop. Motion by ;Lonnie seconded by Marge for $1,540.00 to purchase baseball back stop tom Bemboom Fence Company. ,Motion passed. Memorial Park: Discussion on concreting the ice rink. Motion by Bruce seconded bYLOnni~ospend up to $7,500.00 on materials, labor and sealant to complete project. otionpassed. BikePathwaÝs: Chad presented TomMoes's final plan for the bike pathways. Chad sugg~sted the Park Board adopt the plan and use it in phases as it sees fit. The irriportantthing is that we have an adopted plan as we try to secure funding and grants for a bike trail. · Motion by Cory to adopt the bike plan as it was presbnted.Seconded byJohn, motion passed. eeting Adjourned. i I Next meetingJuly 26at7:00p.m., Centennial Park. [b' <lb · u nnttey , Chuck Muske, Secre~ary j I . I , ~) I St. Joseph Summer Recreation . June 21 st Update At this point we have. about 150 children registered for our various programs. That number is down' by about 30 from the two previous summers. Our numbers at our programs are all higher than last year with the exception of 10-12 year old baseball. That is down by about 10 children. Here is a breakdown of all the programs and their average daily attendance: - softball - 25 - bam-bam ball - 10 - t-ball - 23 - 7-9 baseball - 45 - 1 0., 1 2 baseball - 20 - flag football - 25 - soccer - 40 - basketball - 30 . - floor hockey - 25 ., bowling - 55 - dance - 16 - arts & crafts - 45 The budget should be right on track. We have 2 less staff this year, and we did not have to spend a significant amount on equipment to start up the summer. At this point we have about 30 shirts left that will probably be sold at our picnic in August. We did end up getting nine sponsors for our ball programs. They all contributed $125.00 towards the cost our the baseball and softball shirts~ I have not heard much input from parents as of yet. Things seem to be running rather smoothly. We do a weekly newsletter to keep everyone informed as to what is happening with our programs. We have a Summerland trip planned this Friday, and a TWINS game planned on July 28th. We will end the summer with our picnic and prize drawing on Thursday, August 5th at Centennial Park. Call if you have any questions or input. (W)250-6934 (H)654-9009 . ,. Unofficial Minutes . Pursu nt to due call and notice thereof, the Planning Commission forthe City of St. Joseph metin regular sessiof 00 Tuesday, July 6, \ 999 at 7 :00 p.m. in the St Joseph City HalL Mem ers Present: Chair Hj Kl~in. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Gary Utsch Kurt Schneider, Jim yraeve. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. 1 Other, Present: Gene Boyse~, Fred Mehr, Tom Carlson, S. MariTerese Woida, S. Thomasette, S. Ingrid Ande,tn, S, Marlene Meierµofer, Richard Helgeson, Klm Freemoe. St. Jo ,- Cold S rin veteriha Clinic - S eciaI Use Re uest: Chair Klein opened the hearing at 7:00 p.m. a¡ d stated the purpose of the hearing is to consider a Special Use Permit to allow for the construction ofneJr equestrian medical facility for theSt. Joe-Cold Spring Veterinary Clinic. . The property is currently zoned Industrial and St. Joseph Code of Ordinances 52.21 Subd 2 states: all industrial uses shall require a Speci 1 Use Permit. i I I The p operty is legally described as: The Southeast Quarter of the Northeast Quarter of Section Ten, Town hip One Hundred Tw~nty Four, Range Twenty-Nine West. The request for special use has been submitted by the St. Joe-Cold Spring Veterinary Clinic, Rick Bohl ian, 809 County Road 75 East, St. Joseph MN 56374. Dr. G ne Boysen spoke on behalf of the clinic. He stated three reasons forthê expansion: 1. Equestrian Medical Facility I . . 2. Storage space, currently space IS rented from Schroeder Sports. I 3. Office Spac~. The bfiIding will be a structural steel building with rockfaced colored concrete block on the west lower section, facing County Road 75. The upper portion of the building will be prefinished metal siding to mat~~ the existing clinic. The middle of the building will be two stories in height to accommodate the equme. . GraeL questioned the use ofthe north driveway. Boysen stated that the NW end of the building will be the e3uine center with the n(>rth driveway providing access. The equine center will have 4 - 6 stalls and will~ave the capability to house the animals overnight. Boysen clarified that no change will be made to the e~isting facility. Kalin~wski questioned how'the waste will be disposed of. Boysen stated that they have notdetermined if the material will. be composted or hauled out. EhleJ questioned if any part of the area will be fenced. Boysen stated the northern section of there propdrty will be fenced so tç.at the horses can be outdoors. Further, some treatment will be performed outsi1e while the. animal is "'a1king. Upon being questioned about landscaping, Boysen indicated that they are willing to plant shrubbery and I ' " " , instal~ landscape rock around the building. Ther being no further quespons, the hearing was closed at 7:30 p.m. . Lesn ck made a motion re~ommending the Council accept the following findings of the Planning Com ission regarding thé Special Use Permit request of the St. Joe-Cold Spring Veterinary Clinic. ( July 6, 11999 Page I of 5 I ~ Unofficial Minutes RESOLUTION OF FINDING . The request of the St. Joe-Cold Spring Veterinary Clinic for a Special Use Permit came before the Planning Commission at a public hearing held on July 7, 1999. The purpose of the hearing was to consider issuance of a Special Use Permit. The permit is being requested to allow the construction of a new equestrian medical facility. St. Joseph Code of Ordinances 52.21 subd 2 states that all Industrial uses shall require a Special Use Permit. The property is legally described as: The Southeast Quarter of the Northeast Quarter of Section Ten, Township One Hundred Twenty Four, Range Twenty-Nine West. The request for special use has been submitted by the St. Joe-Cold Spring Veterinary Clinic, Rick Bohlman, 809 County Road 75 East, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for a Special Use Permit as stated in St. Joseph Code of Ordinances 52.8 subd 4 ( a-k). . Therefore, based on the above findings, the Planning Commission recommends the City Council approve the Special Use Permit as requested. Commissioner Schneider arrived at 7:20 p.m. Liaison Reports Ehlert reported on the following City Council activity: 0 The City Council will be reviewing the revised draft Zoning Ordinances on August 5, 1999. 0 The Highway 75 Zoning District, B-2, boundary was approved by the Council on July 15, 1999. 0 The following projects have been approved by the Council: 1) Reconstruction of Joseph Street to include utilities and curb, and gutter; 2) NorthIandDrive from Gumtree Street East to CSAH 75;·3) extension of utilities to the St. Joseph Business Park. 0 The City will be, interviewing architects for the remodeling of the First State Bank building and the City Hall. Before remodeling can begin the City must finalize the purchase agreement with the First State Bank of St. Joseph. 0 The Council has narrowed the candidate search for the position of Clerk! Administrator to three. Hopefully within a week a candidate will be selected Casey's Store - Building Concerns: Lesnick questioned the layout of Casey's Store and why the side facing CSAH 75 is not brick as is the rest ofthe building. Commissioners agreed and stated it was their . understanding that the site plan submitted to the Planning Commission and Council indicated the building side facing CSAH 75 would be brick faced. Ehlert stated that he discussed the matter with EDA Director Chad Carlson who stated thatthe site plan had to be modified slightly as required by the Pollution Control July 6, 1999 Page 2 of 5 Unofficial Minutes . Agency. According to CarI~on, hadthe City notified Casey's Store. earlier the design could have been chang6d.Atthistime theo~IyresoIutionis to plant trees along the backside. i I Utsch questioned what step was missed and howthis type of error can be prevented in the future. fIe stated it was his under~tandiµg that once the City approves a site plan, it cannot be changed., Kalinowski conc ed and requested the IBuiIding Official be contacted to determine if the site plan has been changed. Ehlert stated that he can forWard the concerns of the Planning COmmission to the Mayor and the Building 1 Offici 1. " . .1 Graeye made a motion to strongly encourage Casey's General Store tø finish the W,est Side ofthe building in a similar desigri. as the other ~hree sides. The motion was seconded,byEhlert. Discussion:1ñerequest is based on the number of complaints the City Council and Planning Commission have niceivedand the revised site plan not havingPlanningCommission approval. i St. Be edict's Monaste - Arts/Herita e Pro'ect: Representatives of the St. Benedict's Monastery appea ed before the Commi$sionto request authorization to make application for a building permit to consæct an ArtsfIjeritage Boilding. 'The ßui1ding,will house a ßenedictine moseurn, gift shop and galle . S. Ingrid Anderson!spokeon behalf of the Monastery. Anderson stated thatthe Monastery consi ers the project an enh~ncement to the campus and will be available to the public. At this time the site p~an has not been completed, butthe architects , are aware of the setback requirements and are COnfirnt they Willal1bemt EhIe~ questioned if theadj oiningipropertyowners have been contacted regarding tþe project. Anderson . stated that they have not, but contact will be made before the project is started. Ehlert also. questioned if the Monastery has aparkin~ plan, to which Anderson st~ted it, is not yet complete. Anderson stated that the M10nastery does not antiCipate much traffic, but the site will have parking available., Ehlert stated that he wduld like to see a parkiAgpIanandmakesure the adjoining property owners are aware of the plans beforr allowing the. Mooastby ,to make !,pplicanon for a building permit. Kalìnowskistated that thepfoperty is zoned as Educational ami Ecclesiastical and. as such a, parking plan isnotf,eq~ired and thereare!notsetback requir=ents lIDless the j3rop<:J:ty abu/ß ar,sidenna1 neIgh orhoodc . Ehlert stat¢d that he." not trying to delay the proJect, ratbermake SIlT, that all property owne s are held to the samelstandard. Anderson stated that the Art/Heritage Building will have a . mmjum 0[25 \0,.,30 parkJ~g, spaces,and ~ll be.oUtlmed when the arcint¢ct compl~es th" sIte plan, Ehle t made a motion authorizing the Monastery of St. Benedict to make application for a building perm·t for the coustructioµ of the ArtJHeritage Building contingent upon the, approval of the Fire Chie· and Building Official. The motion was seconded by Lesnick and passed unanimously by 1 those present. . . 1 Discussion: Ehlertenc()uraged the Monastery of St. Benedict to submit a parldngplan with the application for a bJildingpermit. Kalinowski again stated that since the Zoning District does not require such the Plqnning Commission cannot require submission of a parldngplan. 1 Arlin ton Place - Si Permit Re uest:. AIrington Place owner Richard Helgeson appeared before the Com ission to request auth~rization to make application to secure a Sign Permit. Helgeson stated he wouI ,like to construct a 291 square foot sign to identify Arlington Place. ."'.,... W eJns c1arjfied that S t. ¡Jseph Code of Ordinances 52.13 sobd 9( a) stat~,: OM (I) /Jm'ifiJ;4,w"ig' noi exceed'ng thirty-jive (35) square feet in area for the following uses: church, schQol, hospital, parks and recreation areas or simita uses. Such signs shall be lolelyfor the name and of the use 'and its activities and may be illuminated but not flashing. The ommission needs to determine of the Assisted Living Facility falls under the above Ordinance. . . I July 6, 999' Page 3 of 5 I i I Unofficial Minutes . Utsch made a motion authorizing Arlington Place to make application for a sign permit based on the Ordinance stated above, the Assisted Living Facility is perceived ~s being similar in nature to a hospital. The motion was seconded by Graeve and passed unanimously. St. Joseph Auto Sales - Kim Freemoe: Kim Freemoe, St. Joseph Auto Sales, appeared before the Commission to discuss installing a fence on the southern property line. After reviewing the Fence Ordinance the Planning Commission determined that the fence could be eight feet in height as the property is zoned Commercial. The Planning Commission encouraged Freemoe to consider a shorter fence and discuss the matter with the neighbor. Weyrens reminded Freemoe that the west properly line abuts a County Road and as such the County must be contacted for setback information~ Further, if the County setback is greater than the City setback, the County setback requirements prevail. Commissioner Graeve left the meeting at 8:40 p.m. Northland Drive: Ehlert reported that the City Council has approved the construction of Northland Drive from CSAH 75 to Gumtree Street East in the Northland Addition. At the public hearing many residents expressed the need to develop a second east/west road to relieve traffic on Gumtree. Residents stated it is their opinion that if an additional access is not created Gumtree will become a major roadway and pose sáfety concerns. The Council spent considerable time discussing alternative road connections including redesigning the new phase of Northland and extending Fir Street to the east to create another connection. However, the City Engineer discouraged the Council from changing the design as the road could become a maintenance . headache due to the steep grade. Therefore, the Council has referred the matter to the Planning Commission for review and consideration. Ehlert further stated that some residents were unaware when purchasing their homes that Gumtree would eventually be a major roadway. Ehlert presented the following proposal for consideration: Extend 4th Avenue NE to the South, through the Rothfork property and then gradually curve the road to construct an east/west connection through the Brandenburger estate. Ehlert stated that this proposal would relieve traffic from Gumtree Street, provide an additional east/west access, and provide access to the Brandenburger and Rothforkproperties. Utsch stated it is his understanding that the role ofthe Planning Commission is to plan for the future. With that in mind, Utsch stated it is his opinion that a road north ofthe existing developmentis more important than an additional east/west road south of the development. As St. Cloud provides alternative routes to St. Cloud, residents will avoid driving CSAH 75 and head north to connect to an east/west connector to St. Cloud. Further, it is his understanding that the original plat of Northland included Gumtree as a major roadway serving the development. Lesnick stated it is her opinion that the majority of residents in Northland will not use Northland Drive to access CSAH 75 as the intersection is not regulated by a traffic light. Morning and evening traffic on CSAH 75 is not conducive to left turning traffic. Schneider spoke in support of creating an, additional east/west access. Schneider stated that he lives on Gumtree Street and if Gumtree is the only access to Northland Drive it will become a safety issue. Further, Schneider stated that he disagrees with the City :gngineer regarding the grade of the road if Fir Street were extended to Northland Drive. Schneider stated that the grade of the road would be . comparable to the slope at 12th Avenue SE and Baker Street East. July 6, 1999 Page 4 of 5 w Unofficial Minutes i , . I I Kalin' wski requested that t4e Planning Commission Members receive a copy of the proposed road along Willi i fonnation on comdrreservation. W ~ens mared lliat sbe will fonv~d llie. infonnation to llie Plann ng Commission. Adio rn: Lesnick made a motion to adjourn at 9:15 p.m.; ,seconded by Utsch and passed ,I I I unanmous y, ! I I i I ~dr~ I I I .... .. ... JudyWeyrens ! Deputy Clerk I I i I I 1 I I I I I i I I , , . I I I I I ¡ i , I I i I I I ! I I I I I , I , I I I I I I I ¡ . July 6, 999 Page 5 of 5 I I ..." ..-. . . . I , I I . i I I i 1 ! ce , Official ri"ìes - ElM. BO.rdl pursuanpo due .call and noti~e tliereof, the Economic Development Authority for the City of St. Joseph met in regular Fon on MOn~y,Apt2,1999 at 7'>0 a.m. in1he Stdoseph CityHalL . .. . Membe s Present: ChaIr. Kenneth J. Hiemenz. Board Members Bruce Gohman, Mike Deutz and Ross Rieke. EDA Dfector Chad A Carlson. ¡Absent: Ken Twit. ,! I Approvf, Minutes: Gohman ma~e a motion to .approve the January 11, 1999 and March 8, 1999 minutes as presentelCl; seconded by Deutz anr passed unannpously by those present. EDA S ecial Focus - Star Ci Commission Carlson presented the goals and øbjectives ofthe Star City Commission and requested input ITomthe EDABoardon how the Star City Commission ckn assist with special projects. 1 Rieke rd tlmt 1he goals and o~jeétives of1heSbr CRy C~oÎission s<,"" tobe outd.~. Rieke~" sbred 1hat the Co mission members should meet to revise the goals and objectives for the year 2000. I I ,H Gohman questioned if the Star City Commission is required to supply reports, to the State of Minnesota on its activity.I, Hiernenz stated thatthe State of Minnes()ta has eliminated the reporting requirements, but the details should t researched. "'I Hiemen¡' stated he rOoappointed ~e(òllowin'g members .of1he St~ City Commission fur1?99.' Cory Ehlert, Greg Rienhart' Ellen Wahlstrom, S. Ahdre Marthaler, Duane Sorenson, Linda Sniezek, Judy Weyrens (ex-officio), Rose Arnold (ex-officio), and Directo~, State ofMN Job Service (ex-officio). Hiemenz stated that since some of the . mem~s are no longer in the ar~a or can not serve in this capacity, the Star City Commission may need to be re- organized.The City Council passed an ordinance establishing the Star City Commission and its members. Rieke S~ed 1hat1heStm' City 2hission sh0uldhave directionfi'om the EDÁ, htlt1he Conunission cidfimction on its 0 and quarterly reports 'to the EDA maybe appropriate. GOhm± stated 1hat 1he first ordL ofbusin."" fn,1he StarCity Commission shoold be to updat¢ 1heir goat~ wi1h recom endations on how the goals can be accomplished. carlsoJ stated he would like to tve the Star City Commission function as a subcommittee of theEDA similar to the suocorttees establish~ to h91p tile. Sé Cl""dArea EconomicI)~elopmentPartnership C~lson su~gested 1hat the St City Commission could focus in areas of marketing, downtown development and a revolving loan fund I progr " I Rieke~uestionedthe stat.us,of t~e City brochure and the possibility of creating a City video. . Gohman stated that videos are expensive and beco~e extremely dated ina short period of time. HiemJzstated that theEDA D1irector should send a letter to the Star City Commission to poll thè interestofthe Star City Commission member~ in participating and if they are interested in serving as a subcommittee of the EDA Board. 1 Other Business I Gohm:r questioned ifth,e rail road crossing on County Road #2,#3 and # 133 could be eliminated. Gohman stated 1hat 1htcrOSSings~e in poor +dition "Od Sïtyshoulds",", to have 1hem elÍD1im!'ed. Carlso provided updates to thl EDA Board on the industrial park, business prospects and other active projects. e Deutz Auestionedthe rational ~hind the City's hookup charges for new construction within ,the City ofSt. Joseph. Deutz tatedhis concern with tI;1e hookup charges associated with the new construction on the corner of Minnesota Street d I st A venueNW. Hiemenzstated that all building fees are, established by the City Council and supported I I 1 i I I I · by Ordinance. Hiemenz further stated that if there is a concern or dispute with those fees, the City Council net'Xis to be addressed. Adjourn: TheEDA set the next meeting date for June 14, 1999 at 8:00 p.m. and the meeting was adjourned by consensus at 8:50 a.m. CwØ{{Æ-- Chad A Car son Economic Development Director · · " . offi ial.Minutes - EDAB0fl.rd ¡ ~rsl t to due call and notiçe thereof, the Economic Development Authority fortl1e City of S1. Josephmet mre lar session, on Monday" June 21, 1999 at 8:00 a..m. in the St. Joseph City Hall. I i Me bers Present: ChairKfmeth J. Hiemenz. ' Board Members Bruce Gohman, Mike Deutz and Ross Riee. EDA Director Chad A. Carlson. Absent: ,Ken Twit. A rove Minutes:. GOhmanlmade amotion to approve the April 12, 1999 minutes as presented; seconded by ·eke. Discussion - Hiemenz stated.that the minutes should reflect, that the Star City Commission m~ber "Bob Krebsbach "should be "Ellen Wahlstrom " and "Cory Ehlert" is also a member of the Star Ci ¿ Commission. The motiþn to approve the minutes with the corrections was passed with the following vot:, I l Ayes: Hiemenz,Deuty,G°iunan andRie~e Nays: Nonei Motion Carriecl Ind strial Park U dates: I.' , , : Car son reported on the status of the industrial park and the agreements,with .the landowner. Carlson fu er stated ,that the Ste~s County Highway Engineer has expressed concern of going to construction this fall on County Road#q3 dueto some right-of-way issues that need to be resolved. : Hier.enz stated that the Bue~er Industrial Park Plat is complete and City Officials will signthe plat after a Derloper's Agreement has1beenexecuted. C~lson stated < that in light of Stearns County's issues . with right-of-way, the, City Council. has given aPifoval to the City Engin~er to prepare bid specifications for the industrial park and Joseph Street. Jne . Ci will start constructing ¡water, sewer and storm sewer lines in the industrial park this fall. and Stearns co~ty can fullow this full or next sl"ingwith the constroction of County Road #lJ3. Go · . ansuggested~t the bty Engin""stlonld presentthe coostrnction plan. fur the industri'\l pari to the EDA Board priorto the adv¢rtisement. Gohman further state that if a meeting cannot be scheduled prior to thtdvertiSing; addendum tb the p~ can t>,made, C· ¡son staW. that he would contact the Cio/Engineer to,~ when the plans,",ould be .comptetoo and a da e in July he would be available. (+ansUgg~ted the EI>t Board lIleet in July, sometime atler the tZ", Star City Commission: ! Carlson stated that the Statj City Commission met on May 27fu to discuss projects the EDA has .identified. ~e Star City Commission will focus. on the marketing brochure for. the, community and industrial park initially. Carlson informed the EDABoard that the Star City Commission will meet the third Thursday of ealh month at 8:30 a.m. in Fe boardroom of the First State BankofSt. Joseph. B~iness and RetentionlExpansion Visits: c~'soo stated that in the I UpcomÛ1g -ks.he would be scheduling site visits with toea' .""sinesses to di cuss future plans in the ¡community and expansion efforts. The meeting schedules will be prepared and se t to each of the EDA BOard Members and Carlson suggested thatat least one member of the EDA Board be present at the visit., j Jmenz stated that the EJA Bo",J lIlembers need tobe involved and prèsent ~t th~. site visits. . Housin Stud : I C lson presented the 8t. Joseph Housing Study to the EDA Board Members. Carlson suggested the EDA c9uld playa role in addres~ingthe housing needs identified in the study and if so, what role would the EDA play. i i I I, I I I Hiemenz stated the he attended various semìnars on housing at the League of Mìnnesota Cities Conference. " . Hiemenz further stated that senior housìngcontìnues to a growìng need ìn commtmities, ìncludìng St. Joseph. In addition, many fundìng programs are available for affordable sìngle family and rental unit developments. Carlson stated that the maìn concern for St. Joseph is the availability of land. Carlson fi.n1her stated that he has been ìn contact with Lumber One-Avon regardìng a small senior housìng development. Hiemenz ìnformed the.EDA Baord that Phase Six of the Pond View Addition and an 18 tmit development ìn the Northland Addition will be presented to the City this year. Carlson stated that he will be contactìng the Central Minnesota Housìng Partnership to start discussìng the potential projects as identified ìn the housìng study. Hiemenz contìnued by statìng that the housìng study was completed to identify needs ìn the community. Hiemenz further stated that the demographic data gathered and presented trends to be very dated and may not reflect the current status of the community. Hiemenz suggested that the use of the study would be to guide the community as developers approach the city with projects. Comments to the Åe:enda: No comments to the agenda were made. Announcements: Carlson presented an ìnvitation to a luncheon titled "Economic Development ìn Central Minnesota" with Commission Gerald Carlson, Mìnnesota Trade and Economic Development as the featured speaker. Carlson stated that a July meetìng would be scheduled to present the EDA Budget for the year 2000. . Hiemenz reported on the status of the new City Hall project. Gohman questioned the tìmìng of the City Hall project. HÍemenz stated that he anticipates the completion of the transaction and occupancy by the end of the first quarter of 2000. Rieke questions why the bank did not purchase all of the City owned property and stated his concern of gettìng access to the remaìnìng parcel. Deutz stated that the City should' negotiate with the bank and require them to purchase the entire parcel. Gohman stated that certaìn FDIC regulations prohibit b~s trom land speculation and holdìng property other then for expansionplU'poses. Hiemenz stated that the remaìnìng property is developable and has access off ofCR #133. Gohman further stated that the property to the south of the remaìnìng parcel may need to be purchased to make the lot developable, but the development would dictate the need. Adjourn The meetìng was adjourned by consensus at 8:50 a.m. 2tí .t&-- ¡fj;~ ................. Economic Development Director . . . Unfcial Mln.tes -ED" 1oar# Pursuant to due call and noti~e thereof, the EconomicDevelopment Authority for the City of 8t. Joseph met in rdgular session on Thursday, July 22, 1999 at 8:00 a.m. in theSt. Joseph City Hall. Melbe"l'o;,.~t:Chair I<,bnetb J: Hiemenz. Board Mem, bers Ken Twit, Mike Deutz and Ross Rieke. EDt Director ChadA Carlson. Absent: Bruce Gohman. Chao Hiemenz opened the Jeeting and stated the EDABoardwill conduct a closed meeting to complete a per nnance review ofthe EDA Director, Chad A. Carlson. I . , '. , The meeting was opened at 9:20a.m.· whereby Chair Hiemenz stated that the EDA Board was pleased ove all with the perfonnanc~ of Carlson. i I Tw~t made a motion that the! EDA Bo.ard accepts the Employee Performance Review as, favorable. The ::¡û:,:, seconded bYRir Ch irHiemenz,fì.n1:her.stated that Item #1 of the Employer Evaluation is changed ITom "Average" to "A ove Average" and commmts to Item # 1 ~clode the added duties of the I'Ianning Commission Se etary position as ofFebfuary 1, 1999. T~t conßnn«j t!¡atth, òriJmalS of the EmplOJ'ee and Employer evaluation fOfll)s "'e placéd m c",Ison', emr.l0yee file. " ! i . Th motion passed unanim~uSlYbythose present. Rio e made a IIlQÌion to. in~ease the salary Of the EDA Director to Step 4, Class 9. The motion also clapfies that. the increase ~ll be retroactive to June 10, 1999. The motion was seconded by Deutz and passed unanmlOusly by tho~e present. AJ rov.ìVIiDutes:Rieke ~de motion to ~pprove the June 21.1999 minotes as preseníed; secOnded by De±&z. i I Di cussion: I Ch ir ¡¡;emenz stated that the minutes shool.! fej1eêt the absence.of Board MemberT\\'it. Thl motion to approve the Linutes with the. corrections was passed with the following vote: Ayes: Chair Hiemenz,Deutz and Rieke I Nays: None Abstain: Twit i Motion Carried I i Ri ke suggested that City Office personnel be ,available to take minutes for the EDABoard meetings. The ch ge would allow the EDADirector to participate in the discussion without concerning himself with ta . g minutes.,. Carlson st4ted that due to the current office duties, ,it is not feasible at this time to take p sonnel out of the City Offices. Carlson further stated that taking minutes during the, meeting is not di acting and will continJe to take the minutes if it pleases the Board. The EDA Board expressed their aPeeciation for Director'sjcooperation and accuracy of the minutes. 1999 Expenditures to Date: Carlson presented the mid-year expenditures to the EDA Board and made co ment to the following budget items: i . ~ EngineeringfEngineering is over budget at this time due to thetinal designrequirements of the Business Park. According to the City's Engineer, these expenditures will be included in the final cost lof the project and will be covered via assessments to. the overall project area. . ~ Office Supplies: Office Supplies are over budget due to an account for maintenance service · set up with KLN Distributing, computer technicians. Due to a hard drive failure on the Director's computer, the contract was entered into with KLN Distributing for future service. This contract will become a budgeted item in future years. Twit questioned if this expenditure was in the right account or should it be placed under computer hardware or software accounts. Carlson stated that he would discuss theKLN account with Judy Weyrens, Deputy Clerk. ~ ProCessional Services: Professional Services is over budget due to the cost of the Housing Study, initiated by the EDA, and the Certification of the Borgert TIP District. Carlson stated that a grant in the amount of $3,450 was secured ftom the Initiative Foundation to Cover a majority of the Housing Study and the Borgert's financial deposit will cover the TIP certification. With these revenue sources, the budget category is within budget. ~ Computer Software: Computer Software is over budget due to the cost ofthe Quick TIF Administrative Software. The software will be utilized to administer TIF Districts in an efficient manner. Judy Weyrens, Deputy Clerk, stated that the City Office will consider, covering half of the expenditure for the Quick TIF software since it is the responsibility of the City to submit the reports to the County and State Auditor. Carlson stated that he will assist Weyrens in completing the reporting requirements. Discussion on Mid-Year 1999 Expenditures: Twit questioned why the EDA Board did not budget for postage in 1999. Carlson stated it may have been an oversight by the Department and EDA Board assuming it was being paid by the City's postage budget. Year 2000 will have a budgeted amount for postage. · Deutz suggested that the EDA Board have a revenue sheet to correspond with the expenditures. Thereby, matching certain expenditures with outside revenue sources. Twit requested that future financial reports be in Balance Sheet form in order to compare expenses versus revenues. 2000 Budget Request: Carlson presented the Year 2000 EDA Budget. Chair Hiemenz suggested that a budget line item titled ''Y2K'' is included in the budget in the event certain issues arise with the EDA equipment during the upcoming year. The amount to include in this line item will be $100. Carlson stated that the only piece of equipment that would cause problems is the telephone. The EDA's computer system is Y2K ready. Deutz questioned the amount in the Advertising line item and the intent for the funds. Carlson explained that a portion of the funds would be used for the completion of the community and industrial park brochure. Carlson further stated that once the industrial park has tenants, the EDA Board needs to consider an entrance sign to the industrial park, off of CSAH #75, identifying our business community in the industrial park. Twit clarified the funding levels in Software, Dues and Subscriptions, and Travel and Conference. ,Twit stated that training and education iš seen as priority for the City, employees and questioned if the EDA budget reflects this priority. Carlson stated that the funding levels in each of the budget items would be sufficient for the Year 2000. Rieke stated that the Director has prepared a lean budget for 2000 and has been very prudent in running the · EDA Department within budget. Twit further stated that he approves of the 2000 Budget and will endorse the EDA Budget to the City Council with no room for line item cuts. I I , . W' · i Deutz made a motion to acc~t the EDA Budget for the Year2000 as presented and to include a Y2Kline it~ with a funding level of $1 00. The motion wasseconded by Twit and passed unanimously by those present. othlrBUSiness: St. lrloud Area Economic Development Partnership: car~on presented a St. CIOlidArea Economic DevelopmenHartnership Benchmark Survey to the EDA Boa d members. The Benchmark Survey is being distributed by the Partnership to gain an understanding of i+ members on what the fartnership is and does. The surveys are to be completed and sent to the P1~shiP 00 ~tbenJu130' 1999 Res dential Projects: Car son informed the EDABoardthat he has been working with three separate residential developers int ested in doing student hbusing, multi-family housing and single family home construction. Due to the hou ing study that indicatedl 0% vacancy rate for multi-unit rental complexes, developers have approached the DA Office for assistante. Due to the high cost of multi-unit developments, developers have a hard tim keeping the cost down to reach the market rate rent for the St. Joseph Area. Market rate rent levels for the t. Joseph Area are betWeen $550 and $650 a month. Carlson informed the EDA Board that there may œ [POORl to _Tax mq=ent Fm=mg ~ fu_ ~oJ~' to m~ fue n_ of fue oomm~i~ Car son will keep the EDA Board aware as these project progress. I TeL ised EDA Meedngs: I c~son questioned the ED~ Board whether the decision not to broadcast the EDA Board meetings over the co munity cable charmel ~as a firm ,decision. Twit stated that the confidentiality of certain projects may only raise addition questions from the general public regarding all the secrecy. Rieke further stated that the · E~Board meetÍngs.are otientofue public and cao œattended by anyooe interested in it""' on fue r age da. I T t statedfua! main point &ftbe disCussion at fue July 15'" Council Meeting wasfue bourhî which fue ED~ Board meets. Counciiors expressed their concern that morning meetings are inconvenient for the general public to attend ,and should consider evening meetings. Carlson stated that due to the schedules and busr-ess commitments of ~e Board Members, morning meetings are required. . Thi EDA Board members 9ame, to consensus for the record that EDA Board Meetings will not be broadcast over the Community ,Cable Channel 3 and the meetings will cç:mtinue to be conducted at 8:00 a.m. General PU1liC is welcometo attendithe meetings. St. 'Cloud MTCStudy: I C~lson informed theEDA Board that Chair Hiemenz and himself had been selected to serve on a ~ihltant ~lectíori t""", f<ffue St.CloodMTC regar~g a s~dyto im~ove the. MTC' s S<l'vice.. mcluded m e study IS the optlon ofprovldmg extended bus transit servIce to the communIties of Sartell and St. I ' ! Joseph.: t ~~ hrn .cooJregardmg.fue potentíaf"egatí~ im~ro tOthe.bUSin~' oomm~l~by t~ing res dents dollars to St. Cloud. I C lson stated that the condultants will be, conducting interviews with each business to gain knowledge of thr concerns and needs rerarding mass transit service in the St. Joseph Area. Riikestated that past studi~s have shown bus service to St. Joseph is extremely expensive and rider-ship nwrbers would have to be high to support the system. Rieke suggested that the City should revisit · vol¡unteer service for the community residents with transportation needs. . Hiemenz suggested contacting Dale Victor to check on the status of his service. : , , , I I I . . West Metro Corridor Study: · Carlson presented infonnation of Chair Hiemenz and his involvement with the West Metro Corridor Study. The study will research transportation options of providing an alternate Sauk River crossing to alleviate the congestion on the 8th Street Bridge. St Joseph has been asked to participate as one of the corridors may impact future development on the east end of the, Township. Other Items: Deutz questioned the status of the Mugg Farm development on the east end ofS1. Joseph Township. Carlson stated that the City is in a monitoring role and will take action once a development plan is presented to City for the property. Chair Hiemenz infonned the EDA Board thatthe will be having discussions with the City of Cold Spring regarding an alternative sewer district and potential options of joining this new district for the City of St. Joseph. Next EDA Board meeting is scheduled for Wednesday, September 8, 1999 at 8:00 a.m. Adjourn: The meeting was adjourned by consensus at 10:40 a.m. ~~-- , Ch .'A Carlson Economic Development Director · · I I ¡ I , I i I I .. ~ CITY OF ST. ,JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 MEMO (320) 363-7201 Fax: 363-0342 I , Date: Augtist 2, 1999 I To: Hon1rable May?randMembers of the CoUIicil MAYOR From: Judy ¡Weyrens . Kenneth J. Hiemenz I Re: Pers9nnel Policy CLERKI !. . ADMINISTRATOR Enclosed please find the revised Personnel Policy, the following issues need to be Rachel Stapleton 1 resolved: I COUNCILORS 'fhe currL ,otìware for paYJ"oll does not integrate with a time clock atthi. time. Bob Loso 0 W1ert 0 Educatioh and Training - I have enclosed samples from other Cities and the League, the Couricil wantedto revisit this issue. It I Mary Niedenfuer 0 Longevity - Enclosed is a copy of the 1999 LMC Salary Survey regarding longevity 0 The Council had a question regarding the extension of Group Insurance and if by doing so the city is inadvertently approving the employee before completion of the probatiobary period. I discussed this matter with Laura Kushner, Human Resource Directorlat the League ofMN Cites. She stated that providing Insurance does not automatically assume the employee has been accepted beyond the probationary period. I I , I What has been added? 1. Organization Chart, Page 10 I 2. pefinitionofExempt and Non Exempt, Page14 3. Sexual Harassment Policy, Page 17 I 4. t-ron Discrimination Policy, Page 19 5. prohibition of Use of the City Attorney, Page 21 6. ßducation and Training has been re-written based on new policy, Page 45 7. Electronic E-Mail Policy, Page 47 8. Attachment "A" - Use of City Attorney 9. ~ttachment "B" - Expense Reimbursement Policy , I I ¡ . '. .1 . . . I · The 'City of St. Joseph Info ation about the City CounciI/Mayor, etc. * Incorporated Janua0' 1890 , I ' ' * Statutory Class A Cìty ¡ I * Operates under a CÓunciI of four representatives and a Mayor , i * Meeting Dates are l:st and 3rd Thursday of each month at 7:00 p.m. in the City Hall. * There is a Planning kdViSOry Commission; Park Board; Personnel Committee, Economic Development Authdrity and Police Hiring Board * Volunteer Fire Deplrtment and Rescue Squad i * Police Department with reservists 1 I * St. Joseph is a STAR CITY. · · J (0'.' 9 City of St. Joseph Organizational Chart . Statutory City ."... PlanA I I I , I I , I I i I I I i i , I I I I I I I I I I I I I I I I I I I I I I Core I Fire Advisory Planning Park Board Investment I I Cable i I I Board Commission Advisorv i I Commissio I I I I I I I Health I I Advisorv I I Consultants: Engineer, Assessor I I Attorney, BId Official, I Police I Rental Housing I I Commissioner I Inspector I I I EDA I Policy & Procedure Board Clerk! Administrator . Public Works Wastewater, Fire Police Chief Director Operator Chief Sergeant Maintenance Maintenance Assistant Parks Streets Fire Chief Patrol Fire Officer Fighters I Deputy Clerk Administrative Finance Officer Assistant .. '. Police Reserve Note: The dotted lines indicate an Advisory Board; thesoJid SecretarY Officers lines indicate an appointment for administrative purposes. ì" The circles indicate elected offices and the recfanglès (squares) indicate appointive, offices. 10 I , , I I i · I I I WhafY ou Can Expect From The City of St. Joseph TheC 'ty of St. Joseph's estaþlished employee relations policy is to: ! I 1. Operate an ecoriomically successful business so that a consistent level of steady work is available. 2. Select people on the basis of skill, training, ability, attitude, and character without discrimination with regardto ake, sex, color, race, creed, national origin, religious persuasion, sexual preference, marital status, political belief, or disability that does not prohibit performance of essential job functions. j 3. Pay all empIoy~es åccording to their effort and contribution to the success of our City. 4. ReV1ew.~ages.Lpíoyee benefits ancl""orlcing conditions còµstantly, )¥ith the objective of I . ...., . providing benevts in these åreas that are consistent with sound business practices. i 5. Provide jnform~tion to employees regarding benefits. , · 6. Dedicate ourseIyes to continuous Quality Service to our residents and visitors; , Develop compe~ent people who understand and meet our objectives, and who accept with open 7. minds the ideas) suggestions and constructive criticisms of fellow employees. ¡ 8. Assure empIoy~es that after talking with their supervisor, there is an opportunity to discuss problems with the Personnel Committee or City Council. I 9. Make prompt and fair adjustment of any complaints which may arise in the' everyday conduct of our business, to the extent that is practicable. 10. Respect individhal rights, and treatall employees with courtesy and consideration. I 11. Maintainmutu~lrespect in our working relationship. , 12. Promote employees on the basis of theirabilityand merit. I I I ! · I i 11 What the City of St. Joseph · Expects From An Employee An employee's first responsibility is to lrnow the job duties and how to do them safely, promptly, correctly and pleasantly. Secondly, an employee is expected to cooperate with management and fellow employees and maintain a good team attitude. How an employee interacts with fellow employees and those whom the City serves, and how direction is accepted, can affect the success of each department. In turn, the performance of one department can impact the entire service offered by the City. Consequently, whatever position an employee is in, it is considered an important assignment. Every task shouIdbeperformed in a safe manner, to the very best ability of the employee. The results will be better performance for the City overall, and personal satisfaction for each employee. We strongly believe an employee should have the right to make their own choices in matters that concern and control their life. We believe in direct access to management. We are dedicated to making the City of St. Josepha place where an employee can approach their supèrvisor or City Council, to discuss any problem or question. We encourage each employee to voice their opinions and contribute suggestions. Each employee can help create the healthy, pleasant and safe working conditions thatthe City promotes. An employee's dignity and that of fellow employees, as well as that of our residents and visitorsjis important. The City of St. Joseph needs each employee's help in continuing to make each working day enjoyable and rewarding. · Personnel Administration The handling of personnel records is controlled by the City Council. Personnel administration functions for the City of St. Joseph are directed to the City Council, subject to delegation. Questions regarding insurance, wages, and interpretation of policies may be directed to the City Clerk/Administrator. Employee Personnel File Keeping an employee personnel file up-to-date can be important to each employee with regard to pay, deductions, benefits and other matters. If an employee has a change in any of the following items, be sure to notify the City Clerk/ Administrator, as soon as possible: ' 1. Legal Name 2. Home Address 3. Home Telephone Number 4. Person to call in case of emergency 5. Number of dependents 6. Marital Status 7. Change of beneficiary 8. Driving record or status of driver's license -- for employees that operate any City Vehicles 9. Military or draft status 10. Exemptions on W~4 tax fonn · 12 I I , I I i i . Cove age orbenefitsthataJ employee and employee's family may receive under the City of st. Joseph's bene iIted package. could be!negativeIy affected if the information in a personnel file is incorrect. SinGe the City ofSti JPsePhl refers t<)personne1 fil~swhenwe need \0 make decisiops in conneGtión with ' prom tions,transfer,s, layoffs and recalls, it's to the employee's benefit to be suretheir personnel file includes: , " " ' I,',. ',.' I info ation about completion of educational or training courses, outside civic. activities, and areas of interest and s ills that may not be pkrt of their current position. ' An 4p10yee may see infoLtion which is kept in their own personoel file. They may reqoest and receive copie of alL documents that have been signed by the employee. Please ask the department supervisor to make arrangements with th¿ City Clerk! Administrator for this purpose. \ Employment Classification At th time each employee 1s hired, they are classified as eitherfull-time, part time or temporary and are also told hether they qualify f?r overtime pay. Unless otherwise specified, the benefits described in this Manual apply only to full-time employees. All other policies described in this Manual and communicated by the City I , ' ' of 8t. Joseph apply to all employees, with the exception of certain wage, and salary time off limitations apply only o"non-exempt"(see the definition that follows) employees. If an employee is unsure of which job classircation their position Ptsinto,they should ask their supervisor or check with the City C1erkf Admmistr.ltOr¡ . Re2n1.r Employees .. An etpIOyee who has successfully completed the Introductory Period (see the Emplöyment Policies section for d finition) of employm~nt and who is scheduled and was hired for forty (40) hours per week is considered \ are larem 10 ee. ¡ If an mployee was a regUIlr employee and was laid off, theywill be considered aregular employee upon retu to work, providedth~tthey were not on layoff for longer than one (1) I year. I If an employee was a regulåremployee and was on an approved leave of absence, upon return they will be consi ered a regular employee, provided they return to work as agreed in the provi, ions of theírleave. I , Parte ¡me Em 10 eesl . . . . ....... . . An employee whots sched4Ied and hued for less than an average forty (40) hourworkweekIs consIdered a part-hmeemployee. A p~rt-time employee is eligible for certain benefits as described in the Manual. i Prom time to time, the City lof St. Joseph may hire employees for specific periods of time or for the comp etion of a specific prdject. An employee hired under these conditions will be consi ered a temporary eDÌployee. The job assignment, work schedule and duration of the position will be . dete ined on an individua, basis. 13 ! Normally, a temporary position will not exceed six (6) months in duration, unless specifically extended by a . written agreement. Summer employees are considered temporary employees. A temporary employee is not eligible for benefits described in this Manual, except as granted on occasion, or to the extent required by provision of state and federallaws. Those temporary employees classified as "non- exempt" (see the definition that follows} who work m~re than forty (40) hours during any work week will receive overtime pay. Exempt and Non Exempt Classification All employees are classified as either "exempt" or "non-exempt". This is necessary because, by law, employees in certain types of jobs are entitled to overtime pay for hours worked in excess offorty hours (40) hours perwork week, in accordance with the Fair Labor Standards Act (FLSA). . Non-Exempt (overtime-eli~ible) Employees: Allovertime~eligibIe employees will be compensated at the rate of time and one-half for all hours worked over 40 in one week. Job related injury, paid holiday, jury duty, vacation taken in single-day increments, or paid sick time, will be counted as hours worked for the purpose of computing eligibility for overtime pay. Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate or one and one-half hours offfor each hour of overtime worked. Exempt (non-overtime-eli~ible) Employees: . Exempt employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountancy, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one week. Exempt employees are executive, administrative manages, supervisors, professional staff, technical staff, directors, and others whose duties and responsibilities allow them to be "exempt" from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws. If an employee is an exempt employee, they will be advised that they are in this classification at the time they are hired, transferred, promoted, or fall under the criteria of exempt employee. Employment Policies Carefully read this Manual. The following information is designed to answer many of your questions about the practices and policies of the City of St. Joseph: Anniversary Date The first day of work is an employee's "official" anniversary date. The anniversary date is used to compute various conditions and benefits described in this Manual. Aptitude & Ability Tests Job-related tests will may given to help determine a person's aptitude or ability to perform a specific job. . 14 · Such t st may be given t() cahdidates forJobchanges and promotions, as well as to new applicants. Test results are confidential. : I At Wi I Em 10 ment ! All e ployment and compeJsationwith the City ofSt.Joseph is Itatwill" inthatthey can be terminated with or witlilout cause, and with dr without notice, at any, time" at the option of either the City of St.Joseph or yoursi1f, except as Othet:Yi!1 próvided by law Business Hours ¡ The ity Office isopen'frO~ 8:0Qa"m.jo5 p.",. Monday jillougbFriday, , ! An e . ployee's particular hohrs of work and the scheduling oftheir lunch period will be determined and assigned by )heirs~pefVlsorpr <leport¡nent head,subject to approval of the, City_Council. Most emp10yecs te assignbd to work a forty (40) hour work week. Each employee is required to take a (minimum) one halfho r unpai lunch period daily. You may not "work throu~h lunch" in order to arrive late or to leave early or to ork extra time. I i i Our r sidents and persons tHat we do business with, entrusttheCity of St. Joseph with important information · relati g to their business. The nature of this relationship requires I maint nance of confidentiality. I i An employee's empIoymentiwith the City ofSt.Joseph assumes, an obligation to maintain confidentiality, even Jfter they leave our em:pIoyment. Any Jiolation of confidenti~lity seriously injures the City of St. Joseph's reputation and effectiveness. I There, ore, do not discuss the City of St. Joseph business with anyone who does not work for us, and never discu s business transactions with anyone who does not have a direct association with the transaction. Even casua remarks can be misinterpreted and repeated, so develop the personal discipline necessary to maintain confi entiality. If they hear) see or become aware of anyone else breaking this trust" consider what they might do with information they get from an employee. I I Ifanr10yee 11. .questione~ by someon, oU~lde fue Cltyabont'.fu.elr. depmnent,..fuey·ure nOt requITed to answ r, and that we do not encourage any employee to do so. ,Instead, as politely as possible, refer the reque tto the department su~ervisor or the City Office. ' I No o! is permitted to remo~e or make copies of any City of St. Joseph records, reports or documents witho t prior approvalor in [accordance with policy established and as permitted by Data Practices Act. . Becaise of¡~senousness, tClosure ofcoofidential infonnation could lead to dismissal. ResidentNisitor Relations: · ~erations of t!)e Ci~ df St.Josepb Jepen<l upon fue quality of~e relationships bei:ween t!)~City of St Josep , our employees, our ~esidents, our visitors, our business associates, suppliers, as well as the general I " publi . Our resident's and visitor's impression of the City ofSt. Joseph and their interest" and willingness to I , ¡ , 15 : I I I work with us is greatly formed by the people who serve them. Regardless of an employee's p()sition, they . are the City of St. Joseph's ambassador. . The more goodwill they promote, the more our residents and visitors will respect and appreciate an employee, the City of St. Joseph, and the services that we have to offer. There are several things an employee can do to help give residents and visitors a good impression of the City of St. Joseph: 1. Act competently and deal with every person in a courteous and respectful manner. 2. Communicate pleasantly and respectfully with other employees at all times. 3. Follow up on orders and questions promptly, provide businesslike replies to inquiries and requests, and perform all duties in an orderly manner. 4. Take pride in the work and enjoy doing the very best. 5. Public Relations Questionnaire These are the building blocks for an employee and the City of St. Joseph's continued success. Driver's License & Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license and a driving record acceptable to our insurer. An employee will be asked to submit a copyoftheir . driving record to the City of St. Joseph from time to time. Any changes in their driving record must be reported to the City Offices immediately. Failure to do so may result in disciplinary action, including possible dismissal. City Vehicles City vehicles are to be used for official City business only. If it is necessary for a City vehicle to be stored at an employee's residence, it must be with prior written approval from the City Council. Equal Employment Opportunity The City of St. Joseph provides equal employment opportunity for everyone regardless of age, sex, color, race, creed, national origin, religious persuasion, sexual preference, marital status, political belief, or disability that does not prohibit performance of essential job functions. In addition, law regarding veterans' status are observed. This is reflected in all the City of St. Joseph practices and policies regarding hiring, training, promotions, transfers, rates of pay, layoff, and other forms of compensation. All matters relating to employment are based upon ability to perform the job, as well as dependability and reliability once hired. NOTE: Throughout this Employee Manual, masculine/feminine pronouns such as he/she, his/her, or him shall be constructed so as to include both sexes. Harassment The City of St. Joseph has adopted a harassment policy to include: age, sex, color, race, creed, national . 16 . . . \ . ongm religious persuasion, I as listed under equal employment. The intent is to provide a work environment that is pkasant, heaIthfuI,cJmfortabIe, and free from intimidation, hostility or other offenses which might interD re with work perform~nce. Harassment of any sort -~ sexual, verbal, physical, mental or visual -- wj1l I ", ' not b tolerated. ,¡. I I ' , 71 hat is Ha r.ass m en,t ? ¡, . .' ,! I Harasfment can take many forms. Itmaybe, but is not limited to: words, signs, jokes, pranks, intimidation, physi, alcontact,or violence.<Harassment is not necessarily sexual in I1ature. Sexu~LþarassmentmaY inÆ<le, but isriot limíted to:sub\ly pre~surefor sexual activity, unwelcome sexual adva~ces, requests for sexu~l favors, unsolicited verbal sexual comments, sexist remarks abouta person's body, patting, pinching, or unnecessary touching, or physical assault or other verbal or physical contact of a sexua nature when.such co~ductcreates an intimidating environment, prevents an individual from effectively perfo I ing the duties of their position, or when such conduct is made a condition of employment or comprl nsation, eitber imp1icj\lyor explicitly. Resp , nsibility / Reporting! d I . The ¡ity ofSt. Joseph emplþyees are responsible for keeping our work environment free of harassment. Any employee who becomes aware of an incident of harassment, whether by witnessing the incident; being a victicl ofharassment,orbeïpg told ofit, must report it to the immediate supervisor. If they have reason to . belie~'~e the supervisor... W. iI.I ~ai1 to. r. espo.nd.to the S.ituation, as where the supervisor is. the perpetrator harasment should be repotied to the City Councilor Council Member of the City of St. Joseph with whom they _pel comfortable. When the City of St. Joseph becomes aware that harassment might exist, it is obligated by lar to take prompt and tprop~ate a,tion, Whetherpr n9t tbevictim wants tbeOty to do so. Inves~igation I APprlpriate investigation aÅd action. will be taken on all reported cases. All reports will be promptly inves~igated with dueregarqJorthe privacy of everyone involved. Any employee found to have harassed a fello~'.em ploy ee orsubordl.n,....ate..w ill be, S'UbJ.'.e C.tt O..d iscip Iinary.. ..,ac ti.on.or po SSl·b.le d ischa r,ge.Th e. City...O.f. St. Josep will also take any ad¡ditionaI action necessary to appropriately correct the situation. The City ofSt. Josep will not retaliate against any employee who makes a good faith report of alleged harassment, even if the e ployee was in error. Any employee who retaliates against co-employee for reporting harassment shall be subject to disciplinary ac~ion. TheJdividuaI who makes Lwelcomeadvances,threatens or in any way harasses another employee is perso ally liable for such actions and their consequences. The City of St. Joseph will not provide legal, finan iaI or any other assistmce to an individual accused of harassment if a legal complaint is filed. I I I" . . .' ", ,"', "" ,', .",' Sexual Harassment Policy for the City of St. Joseph (Adopted 2/4/93) ! The I ity of St. Joseph is coknitted to creating and maintaining a work place atmosphere free of harassment and d scrimination. Such hárassmentis a violation of Title YII of the Civil Rights Act of 1964 and the -, Minnesota Human Rights ~ct. . In ke ping with this commÚment,the City maintains a strict policy prohibiting unlawful harassment, I 17 including sexual harassment. This policy prohibits harassment in any form, including verbal and physical · harassment. This policy statement is intended to make all employees sensitive to the matter of sexual harassment, to express the City's strong dîsapprovaI of unlawful sexual harassment, to advise employees of their behavioral obligations and to inform them of their rights. In order for a sexual harassment issue to be addressed, it must be brought to the attention of management. In order for action to be taken, information must be forwarded tö the appropriate level of management. To provide the employee with a better understanding of what constitutes sexual harassment, the following definition based on Minnesota Statutes is provided: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: 1. Submission to the conduct or communication is made a term or condition; either explicitly or implicitly, ofobtaining employment, public accommodations, or public services, education or housing; 2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, public accommodations or public services, education or housing; or · 3. That conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, education or housing environment; and in the case of employment the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. Examples of inappropriate conduct include but are not limited to: unwanted physical contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups; repeated and unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or implied, that job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the unwanted, unweIcomed and repeated action of an individual against another individual, using sexual overtones as a means of creating stress. However, some forms of sexual harassment may be so severe that repetition is not needed for the act to be considered sexual harassment. The City recognizes the need to educate its employees on the subject of sexual harassment and stands committed to proved information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may constitute just cause for discipline, up to and încluding discharge. 'Each situation will be evaluated on a case by case basis depending on the severity and the circumstances involved. Employees who feel that they have been victims of sexual harassment, or employees who are aware of such · harassment, should immediately report their concerns to any of the following: 18 . I 1. Immediate Supervisor; I , 2. Department head; or 3. Clerk! Administrator \ In ad ition to notifying one ~fthe above persons and stating the nature ofthe harélssment, the employee is also ged to take the folloWing steps: I ! a. Make itcldr to the harasser that the conduct is unwelcome and document that conversation. b. Document the occurrences of harassment. I c. Submitthe documented complaints to your supervisor, the Department Head ,or the Clerk Administratpr, We urge the employee to put the complaint in writing. i . d. Document dny further harassment or reprisalsthatoccur after the complaintis made. I EmpI yees have the right to\raise the issue of sexual harassment and to file complaints with respect to such haras mentwithout reprisal., The City recognizes that there are inherent difficulties in developing evidence and ªintaining closeworIdng relationships among employees in instances where harassment has occurred. Beca se ofthis, the City urges that conduct which is viewed as offensive. be reported immediately to allow for co ective action to be taken through education and initial counseling, if appropriate. I I . Mana ement has the obliga~ion to provide an environment free of sexual harassment in a manner which does , not a ridge the rights of the 'accused. ,To accomplish this task, the cooperation of all employees is required. I , ! The ity of St. Joseph will, jn all cases, take action to correct any reported harassment to the extend evidence isava]able tO,verify thealldgedharassment and any related retaliation. All allegations will be investigated. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charg s madeagainstthem;lparticuIarlyif discipline isa possible outcome. Reasonable efforts will be made to res11 ect the confidentialitY of the individuals involved, to the extent possible. ! I i Non Discrimination Policy No person in the classified Jervice óf the City or seeking admission thereto shall be appointed, promoted, reducf.d, or in any way favo~ed or discriminated against because of race or political or religious opinions or affi1i~tions. .No person shaIiwillfullyorcorruptly make any false statements, certíficate,mark, rating or repo1in regard, to any test, ~ertification"or appointment held or made under the personneLprovision of this chart9r or in any manner co~it or attempt to commit any fraud preventing the impartial execution of such persornelprovisionsor of the rules and regulations made thereunder. No officer or employee in classified se~iQe of the Cit)' shall con1tinuein such position after becoming a candidate for nomination or election to ' anyphblic office.Noperso~ (s)seeking appointmentto or promotion in the classified service of the City shall+therdirectly orind,ir¿C,tly, give r, ender or pay any money" service or,othe, r va,Iuable thing to any person for o~l.0n account of or incJnnectionwith their test, appointment, proposed appointment, promotion or , proposed promotion. No p~rson shall orally, by letter, or otherwise solicit or be. in any manner concerned in I solici ing any assessment, Sl.lbscriptionor contribution for any political party or political purpose whatever . from ny person holding a, R.oSitiOn in the classified servi,ce, of the City. No person holding a position in the classi, led service of the CitY shall make any contribution to the campaign fund of any political party or take \ I 19 \ I I I any part in the management, affairs or political campaign of any political party, further than in the exercise of · the rights as a citizen to express an opinion and to cast a vote. Any person who alone or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $ 25.00 nor more than $ 100.00, or by imprisonment for a term not exceeding ninety days, or both such fine imprisonment. Any person who is convicted Under this section shall for a period of five years be ineligible for appointment to or employment in a position of the City Service, and shall, if an officer or employee or employee ofthe City, immediately forfeit the office or position held. Health Examinations Employment with the City of St. Joseph maybe contingentori passing aphysicallhealth examination at the City of St. Joseph's expense. A routine physical is available every four years, for each employee. From time to time,.if deemed necessary, for performance of duties, an employee may be required to undergo a physical exam. How An Employee Is Selected Every appointment to municipal service shall be made by the appointing authority (City Council) on the basis ofmerit and fitness for the position. We carefully select our employees through written application, personal interview and reference checks. After all available information is carefully considered and evaluated, employees are selected to become a member of our team. · This careful selection process helps the City of St. Joseph to fmd and employ people who are concerned with their own personal success and the success of the City of St. Joseph; people who want to do a job well and who can carry on their work with skill and ability; and people who are comfortable with the City of St. Joseph and who can work well with our team. Under Minnesota Statue 415.16, the City may not require a person to be a resident of the City as a condition of employment. It may however, impose a reasonable area or response time residency requirement, if there is a demonstrated job-related necessity (such as police and fire firefighters and snow plow operators who must be able to respond in a relatively short period of time). Introductory Period All new hired (with experience) or promoted officers of the Police Department shall work a one year Introductory Period. (A newly hired police officer without experience shall serve a one year Introductory Period.) All other newly hired or promoted employees shall work a six month Introductory Period. During the first six months of the Introductory Period, an employee will not be eligible to utilize accrued benefits described in this Manual unless otherwise required by law. This Introductory Period will be a time for getting to know fellow employees, supervisor/department head and the task involved inthejob position, as well as becoming familiar with the City of St. Joseph's services. An employee's supervisory/department head will work closely with them to help them understand the needs and processes of their job. This Introductory Period is a try-outtime for both employee, and the City of St. Joseph, as an employer. During this Introductory Period, the City of St. Joseph will evaluate an employee's suitability for · employment, and the employee can evaluate the City of St. Joseph as well. At any time during this 20 . introd ctory period, either p~rty may terminate employment without advance notice and without any detri*~( to fueir record, If,doting fui, period work habit', attitude,attendance or performance do not mea, re up to fue Çity', 'taIjdard', an employee may be relea,ed. for a veteran, fue procedure, as de,cribed in Mi, esota Statute 197.46~ except a veteran as defined by Minnesota Statute 197.45, shall be followed. If an employee takes approve~ time off in excess of five working days during the Introductory Period, the Intro~uctory Period maybe ~xtended by that length of time. Employees that are part pf a one year Intr0yctory Period are elig~ble to begin utilizing accrued benefits after six months of service. At fu'knd ofthe ,ix (6) inolfu period, fue ,upervî,or/departtnent head, will di,cns, fue employee', job perfo I ance with them. Thfs review will be much the same as the normal job performance review that is held ~or regular full-time or part-time employees on an annual basis. During the course of the discussion, an emPIree is encouraged to give their comments and ideas as well. comron of fue m~oduc~ Period doe, not goarantee continued employment for any 'pecified period of time, or does it require that an employee be discharged only for "cause". Employees remain at will. A fo , er employee who has beenrehired after a separation from the City ofSt. Joseph of more than one (1) year ik considered an introductory employee as follows: I Po ice Officer ----- 1 year (without experience) 6 months (experienced officer) Al Other Employees ---~- 6 months . The City maintains a job description for each position in the City of St. Joseph. An employee will receive a copy rdWhen fuelr <lotie, and re'pon"bilitie, are changed, fueir job de,cription" upd;lted (Each year durin· the performance review, .the employee shall review and sign their job description). Outsi{le Em 10 ment What an employee does during their free time is their own business. However, if employment by the City of St. Jo eph is a full-time position, the City of St. Joseph will expect that the position here is the employee's primary employment. Any outside activity must not interfere with their ability to properly perform the job dUtiejat the City of St. Joseph. Proh'bition of Use of the Cit Attorne The 'ity Attorneyis called ~n from time to .time to represent the City in matters adverse to the interest <or employees or officials of the City. Under such circumstances, the City Attorney may have a conflict of intereb if there is also an ongoing attorney/client relationship with the employee, or official. (See ippendix A) Proo I of U.S. Citizenshi Federal regulations require that 1) before commencing employment, all applicants must complete and sign . f edet f om> I -9 ,EmPlo~ent Eligibility Yerification f O[lll; and 2) an applicanto who are hired need to prese t documents of identity and eligibility to work in the U.S. 21 The City Needs Employee Ideas . The City believes the person doing a job may be in the best position to think of ways of doing it more easily, more efficiently, and more effectively. If an employee thinks of a better way of doing a job, they can discuss it with their supervisor or department head, who will welcome their suggestions and ideas. There may be areas in the City of St. Joseph's operation that could be improved. These could be in the areas of service, methods, equipment, communications, safety, ways to reduce costs, losses, and/or waste, or other improvements that there is a need for. The City of St. Joseph has a suggestion box that maybe used for suggestions, comments, etc. An employee may include their name or remain anonymous. Limitation on Lawful Consumable Products The employer shall not discriminate against an employee, or job applicant for engaging in the enjoyment of any lawful consumable products if the use or enjoyment takes place off the premises of the employer during non-working hours. Lawful consumable products shall include food, alcoholic or non-alcoholic beverages or tobacco. This policy does not restrict the employer from enacting reasonable rules regarding the use of consumable products during business hours or while the employee is on the employer's premises. Drug and Alcohol Testing For purposes of this policy the definitions contained in Minn. Statute 181.950, Subd 1, shall be applicable. The employer may require an employee or job applicant to undergo drug and alcohol testing with the . following circumstances: a. A job applicant may be requested to undergo drug or alcohol testing provided that a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position. b. An employer may request or require an employee to undergo drug and alcohol testing as part of a routine physical examination, provided the drug or alcohol test is requested or required no more than once annually, and the employee has been given at least two weeks written notice that a drug or alcohol test may be requested or required as part of the physical examination. c. Employees in a "safety sensitive position" may be requestedto undergo random drug or alcohol testing. d. The employer may request any employee to undergo drug or alcohol testing ifthe employer has a reasonable suspicion that the employee: 1. is under the influence of drugs or alcohol; 2. has violated employer's written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while the employee is on the employer's premise or . operating the employer's vehicle, machinery, equipment, provided the work rules are in writing and contained in the employer's written drug and alcohol testing,policy; 22 , 1 I ! I I I . Idl d h· I·· . 1 . . 3. sustame, persona mJuryorcauseanot er emp oyee to sustam a persona mJury; or i I < .,' , . 4. hascau~ed a work related accident orwas operating or helping to operate machinery, equipmbnt, or vehicles involved in a work related. accident. I e. An empIoy6r may also require an employee to undergo drug or alcohol testing if the employee h~sbeen referred by the employer for chemical dependency treatment or evaluation ¿r is particip~ting in a chemical dependency treatment program under an employee bbnefit plan, in which case the employee shall bereq~ired to undergo drug or alcohol testing without prior notice during the evaIuationor'treatment, and for a period of up to two yead following completion of any prescribed alcohol dependency treatment program. i I I lCitYOfSt. Joseph DrugTes~ing Policy , . I All e ployees and job applicants may be subject to testing under this policy. , ~ Testsrequired under thispo~icy shall be conducted at the hospital/clinic designated by, the City of St. Joseph. The t sting laboratory shall ponduct a "confirmatory test" on all samples that produce a positive test result on the "i i itiaI screening test" . The testing laboratory shall disclose to the employer a written testresult report for each ample test within three working days after a negative testresult on the initial screening test, or when the initial test produces a positi~e test result within three working days after a confirmatory test. The test result . must ndicate the drugs, alcÓhoI or drug or alcohol metabolites tested for and whether the test produced negat ve or positive test resJlts. The laboratory shall retain and properly store for a period of six months all \ samp~esthat produced positfve test results. Except as otherwise herein provided, the employer shall pay the cost {"ll ""Is" Samp' es used for testing sh411 be placed in a container as provided by the employer, sealed and specifically mark. d with identificatioo 'f"ceahle to the. employee. 'The sample shall remain in a sealedcontliner with the proper identification untiIdrIivered to the laboratory. To the extent possible, all samples shall bedrawn or produced at the designated Hospital/Clinic so as to avoid handling by any person other than employees of the HOSp~al/C1iniC Records s~U be made of the cham ofçustodyindicatingthe date on whIch the sample was provi ed, all persons having custody ofthe sample, and the dates and times of custody. Every person having custody of the sample shall ~ign a chain of custody record at the time of transfer verifying this information. EV1emPIOyeeandjPb apilicantShaUbeprOvide<l with. fonnto be signed by the employee at the time of testinaclmowledgingthat ~s)he has seen the employer's drug and alcohol testing policy and indicating any over-rhe-counterorprescrip1tion medications the individual is taking or hasrecentlytaken or any other infO[tiOn. relevant to the \oliability of or explanation. for a positive test resujt before any test is taken. Withi three working days atter notice of a positive test result on a confirmatory test, the employee or job appll ant ma ysubm1t mfonitatiooto theemp10yerm addition to any mformation already submitted to explam the re ult. The employee o~ applicant may also request a confirmatory retest of the original sample, but such re-tes ingshall be at the, expense of the employee or job applicant. i I The e ployer shall inform the employee, of the test results, in writing within three days after receipt of the test result. If the testis positiv¿, the employer shall advise, the employee of the rightto retest as well as other . rights under this policy. An¡ employee orjobapplicant requesting a confirmatory retest must so request the retest in writing within five Forking days after noticeofthe confirmatory test. I I I I I I 23 1 . The employee or job applicant also has the right to request and receive from the employee a copy of the actual test results. Within three days after receiving the test, the employer shall notify the original testing lab of the request to retest or to transfer the sample to another laboratory properly licensed under Minn Statute 181.953 to conduct a retest. If the confirmatory retest does not confirm the original positive test results, no adverse personnel action shall be taken against the employee orjob applicant based upon the original confirmatory test. An employer shall not discharge, discipline or discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result from an initial screening which has not been verified by the confirmatory. test. An employee may not be discharged for a positive test result of a confirmatory test if the test was the first such result for the employee on a drug or alcohol test requested by the employer, unless one of the following circumstances exist: a. employer had first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an insurance plan, either drug or alcohol counseling or rehabilitation, whichever is most appropriate as determined by the employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency; and b. employee either refused to participate in the counseling or rehabilitation program or has . failed to successfully complete the program as evidenced by withdrawal from the program before completion or by a positive test result of a confirmatory test after completion of the program, An employer may temporarily suspend a tested employee or transfer that employee to another position at the same rate of pay depending the outcome of the confirmatory test, and if requested, a confirmatory retest, provided the employer believes that it is reasonably necessary to protect the health or safety of the employee co-employees or the public. An employee who has been suspended without pay me be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. If ajob applicant has received a job offer, contingent on the applicant passing drug and alcohol testing, the employer may not withdraw the offer based upon a positive test result from an initial screening that has not been verified by a confirmatory test. Upon verification, the job offer may be withdrawn. The test results shall only be disclosed to the employer as it relates to the presence or absence of drugs or alcohol. Other medical information disclosed in the testing is confidential. Testresults may not be disclosed by the employer or laboratory to any other employer or to a third person, governmental agency or private organization without the written consent of the employee or the job applicant tested, subject to the exceptions contained in Minn. Stat,I8I.954 relating to arbitration, administrative hearings or judicial proceedings, federal government contracts, or disclosure to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee. . 24 . I Cont ibutions to Or aniz~tions I Empllyees shaUnot be required to participate in any contributions or donations to charities or community organ zations,including co~tributionsto the employer itself., The, employer shall not engage in any reprisal again t the employee for Jailing to contribute, including but not limited to intimidation, harassment, threat, or any p naltyregarding comp~nsation,terms, conditions, occasions or privileges of employment." I i Use 0 Pol ra h Testin I The e pIoyer may not direc1tlY or indirectly solicit or require a polygraph, voice stress analysis or any other test B test ilie hones~ .of Mlemp10yee 0' prosp~tive employœ. ...But. ililS does. notpro~bit an employee .rrom reque. ting such a test if the request by the, employee is totally voluntary. Where an employee requests a poly aph test, the empIoye~ or agent administering the test shall inform the employee thattaking the testis volun ary. The results of thb test shall be disclosed to the employee. The City may not disclose the results of the te~t or the fact that the efuployeehastaken the test to any other person." pOlitilal Affiliation ; I The e ployer'shall not discfiminate or retaliate againstan empIoyeedueto an employee's political affiliation, sponsorship or party design~tion. AnempIoyee may notbecoerced into supporting any political c,mdidate or issue. Any reprisal against ~n employee for these reasons shall be prohibited. . Restrjction on Speech ¡ An e~P10Yee. ofilie Ci~ will not be. ten>Ûnared for exerclSmg· ~ or her right .to. rree. speech. }Ois right is not unive sal; the City does reserve the right to restrict some speech of employees. I speer ijmt IS a Uilltter of pUbhcconcem (whIehrelatestopo1itica1, social, or oiliercommuni~concems) is prate ted and may not be rektrictedby the employer. But speech which may be disruptive to the conduct and opera ions of the, City isnot1protected. Matters which are only of a personal interest to the employer are not matters of public concern. ¥atters concerning the management or operations ,of the City, or statements in,terfyring with work, invoIying personal relatio~ships or an emplo~ee's job ~erfo~a?ce are not protected smce they may detract from\the employer's JunctlOns.. Speech of thIS nature IS prohIbIted. Standards of Conduct Whe~ever people gailier togeilierto aêhkve goals,sOlnerules of condnct are neede<lt6 he1pevery~ne work toget erefficiently,effectiv~Iy, and h~rmoniousIy.SomepeopIe have problems with "rules" and "authority figur s," and past experienc~ may have justified these thoughts and feelings; however, in the City of St. J oset we hold ourselves tQ a ~gh.standard of quah~ where ilierules and auiliori~ figures simply assure thatq ality is maintained. i By aCfepting emp 10yment.Jlili us, e~ch employee has a. responsibiH~ to .ilie City of st. JosepH ao<l to the" felloiemp10yeeS tOadhere~to ci""'m rules of behavior and conduct. ThepuIpose nftheserulesis not to restri, t their rights, but rath~rto be certain that they understand what conduct is expected and necessary . Whe, each person is aware that he or she c~n fully depend upon fellow workers to follow the rules of . cond ct, then our organizatipn will be abetter place to work for everyone. i I I I 25 ¡ I I I I Unacceptable Activities . Generally speaking, we expect each person to act in a mature and responsible manner at all times. However, to avoid any possible confusion, some of the more obvious unacceptable activities are noted below. Avoidance of these activities will be to the employee's benefit as well as the benefit of the City of St. Joseph. If there are any questions concerning any work or safety rule, or any of the unacceptable activities listed, the department supervisor will offer an explanation. Occurrence of any of the following violations, because of their seriousness, may result in immediate dismissal without warning: Q Willful violation of any City rule; any deliberate action that is extreme in nature and is obviously detrimental to the City of St. Joseph Q Willful violation of security or safety rules or failure to observe safety rules or the City of St. Joseph safety practices; failure to wear required safety equipment; tampering with the City of St. Joseph equipment or safety equipment. Q Negligence or any careless action which endangers the life or safety of another person. Q Being intoxicated or under the influence of controlled substance drugs while at work; use, possession or sale of controlled substance drugs in any quantity while on City premise, except medication prescribed by a physician which does not impair work performance. (See Drug . Policy Addendum). Q Unauthorized possession of dangerous or illegal firearms, weapons or explosives on City property or while on duty. Q Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on City premises or when representing theCity of St. Joseph; fighting, or horseplay, or provoking a fight on City property, or negligent damage of property. Q Insubordination or refusing to obey instructions properly issued by a supervisor pertaining to work; refusal to help out on a special assignment. Q Threatening, intimidating or coercing fellow employees on or off the premise -- at any time, for any purpose. Q Engaging in an act of sabotage; willfully or with gross negligence causing the destruction or damage of City property, or the property of fellow employees, customers, suppliers, or visitors in any manner. Q Theft of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents, from the premises without prior permission from management (Council); unauthorized use of the City equipment or property for personal reasons; using City equipment for profit. . Q Dishonesty; willful falsification or misrepresentation on application for employment or other 26 I I I . work records; I)hng about sick leave; falsifying reason for a leåve of absence or other data requested by the City of S1. Joseph; alteration of City records or other City documents. 0 V iol~ting thenJn-discl"sureagreement;gi~g confidential Qrpropnet¡T)' information about t~e City of S1. Jose~h; giving information to unauthorized City of S1. Joseph, employees; breach o~ confidentiality df personnel information. . 0 M;alìéious. gosSlþ llI1d/or spreading rumors; engaging in behaviOr designed to create discord and lack of harmony; interfering with another employee on the job; willfully restricting work output or encouraging pthers to do the same. 0 ImmoralconduJt orîndecency on City property or while on duty. 0 Conducting unLensed lottery or gambling on City premises. I I Occu ence of any of the following activities, aswellas violations of any of the City of 81. Joseph rules or policibs, maybe subject to disciplinary action, including possible immediate dismissal. This list is not all- incluJive and, notwithstandih this list, all em 10 ees remain em 10 ed "at wilL" I , 0 Unsatisfactory 9r careless work; failure to meet quality standards as explained to an employee by the supervisor/department head; mistakes due to carelessness or failure to get necessary instructions. I . 0 Any act ofhara$sment, sexual, racial or other; telling sexist orraciaI-type jokes; making racial or ethnic slurs. I I 0 Leaving work b~fore the end of a workday ornot being ready to work at the start of a workday I without approváI of the supervisor; stopping work before time specified for such purposes. 0 Sleeping on the~Ob; loitering or loafing during working hours. I I 0 Excessive useo,fCity telephones for personal calls. I 0 Leaving work dµring work hours without the permission of the supervisor. I , 1 0 Smoking in resthcted areas or at non-designated times, as specified by department rules. 1 c· '¡'b . '. d" 0 , reatmg orcontn utmgtounsamtary con Itlons. I 0 Posting, removihg or altering notices on Official bulletin board on City property without permission froniCity CounCil, Clerk Administrator or the Deputy Clerk of the City of St. Joseph. , 0 Failure to report excessive absence or lateness to the City Council. 0 Obscene or abu~ive language toward any supervisor, employee, resident or visitor; indifference or rudeness to~ards a resident, visitor or fellow employee; any disorderly/antagonistic conduct . on City premisd. I I 27 I I 1 I Speeding or careless driving of City vehicles, except police officers during performance of · 0 assigned duties. 0 Failure to immediately report damage to, or an accident involving City equipment. 0 Soliciting sale of goçds during working hours and/or in working areas; collecting funds of any kind for charities or others without authorization during business hours on City premises. Authorized solicitations include: Boy Scouts, Girl Scouts, United Way, and Non-profit organizations. 0 Failure to maintain a neat and clean appearance in terms of the standards established by the supervisor; any departure from accepted conventional modes of dress or personal grooming; wearing improper or unsafe, clothing, 0 Eating food and/or beverages in undesignated areas. (Employees working outside of an office area, could/should in many cases, weather permitting, stay at that site for coffee break and/or lunch period.) 0 Failure to use a time record; alteration of employee's own time record or attendance document; punching or altering another employee's time record, or causing someone to alter an employee's time record. Disciplinary Actions · Unacceptable behavior dismissal may be dealt with in the following manner: Verbal Warning First Written Warning Second Written Warning Suspension Dismissal Written warnings will include the reasons for the supervisor's dissatisfaction and any supporting evidence. Disciplinary actions will be entered into the employee's personnel record and should state the corrective action expected of the employee. An employee will have an opportunity to defend their actions and rebut the opinion of their supervisor at the time the warning is issued. Disciplinary actions may also include fines, suspensions or other measures deemed appropriate to the circumstances. Reprimands shall be done ina manner that shall not embarrass the employee before other employees or the public. An employee shall not be discharged, disciplined, or discriminated against or penalized because of the following: a. Reporting of a violation or suspected violation of any federal or state law or rule adopted by law to an employer or to any governmental body or law enforcement official. b. If the employee has requested by public body or officeto participate in an investigation, · hearing or inquiry, or 28 . c. The emploYíeerefuses an ,employer's order to perform an action that the employee has an objective b~sis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to ~aw, and the employee informs the employer that the order is being refused for that reason. I i This olicy does not permitbiscIosuresby an employer whichyioIates federal or state Iaw,or diminishes or impai s the rights of any, perlson to the continued protection of confidentiality of communication provided by com on Iaw.l An e ployer cannot take retaliatory acts for the following activities: I I 1. An employee being garnished 2. An employee's wages being withheld for child, support' 3. Employees served with papers in a divorce or child support action 4. An employee making a complaint under the minimum wage law 5. An employee nÎaking a claim for workcomp. Benefits 6. An employee iliaking a complaint under the OSHA laws 1 7. Due to the facHhat the employee is a crime victim or testifies for the prosecution at a trial 8. The employee ' participates as an election judge 9. The employee is elected to public office or attends meetings of public office. 10. The employee participates in a strike. ì 1. The employee rbports a violation of the law, participates in an official hearing Or investigation, . or refuses to pahicipate in an illegal activity . 12. That the emploYee requests parenting leave to which he or she is entitled 13. The>empIoyee ~ails to make charitable contributions Dismissal , Empl?yment and compensation with the City of St. Joseph is "atwill". An employee can be terminated with or Wi1hout cause, and with qr withoutnotice at any time, at the option of either the CityofSt.Joseph or the empl 'yee, except as otherwise provided by law. In the case of a veteran, honorably discharged, the proceliure described, in Minhesota Statutes ,197.46, shall be followed. (Removal may be only for inq~r"tence or misco~duc\ shoWl¡ after .'heariogondl1e notice):' I , . ,. i I If an·.. mployee's performance is unsatisfactory due to lack of ability, failure to abide by the City of St. Joseph ru1e<pr faitureto fulfill the requirements of theirj ob. they will be nQtified of theprob Ie"" If satisfactory chanI does Mt occw, an e¡np10yee may be.dismisse<l. Some h¡cidents may result in iml]1e<liate dismissal I , An e ployee who has been I involuntarily terminated may request in writing within five working days fOlIO·' ngtènnina~on th<: r~ason JorJerminati~n.With)ri¡We wQrking days of receipt ofthereqoest, the empl , yer shall inform the employee in writing of the truthful reason for termination. This communication may ,ot be used by the em~Ioyee as a basis for an action of defamation against the. employer. Wage & Salary Policies , . I", " ,'" " ',' ',,', ' -" 0,/ ,..,:0',": , .', ' "'.' ,.':_ ":"':',<..'\."; ,>, Empl yees of the City shanlbe compensated according to the schedtlleestábli~hed, ft0rn'tillle to time by the . City.: ,ouncil. ~ywage or I salary so ~stabIished, is the total remune~ation for employment, Bvtshall not be conS1 ered as reImbursement for officIal travel or other expenses WhICh may be allowed for th~\conduct of \ 1 i I 29 I I official business, unless approved by Council. No employee shall receive pay from the City in addition to the . salary authorized for the position to which he or she has been appointed. The City of St Joseph has developed policies to insure wages and salaries comparable to those of other employees with similar jobs/positions at the City of St. Joseph or' comparable sized Cities. Our wages and salary policy is designated to attract and retain well best qualified people available. The compensation of a City position, IS based on its "comparative work value" (i.e. and the value of work measured by the skill, effort, responsibility, and working conditions normally required in the performance of the work). To cany out this policy, the City of St. Joseph will periodically compare wage and salary policy with community rates for all similar positions using appropriate published information from sources. The City of St. Joseph will cany an employee directly on their payroll. No person may be paid directly out of petty cash or any other such fund for work performed. Call Back Pay Occasionally an employee may be. asked to return to work after they have left the premises for the day. If this occurs an employee will be paid at a minimum rate for two hours oflabor. Exempt employees working greater than two (2) hours will accrue comp time, for time after the initial two (2) hours. Computing Pay If an employee is a "salaried" employee whose pay is not based on an hourly rate, there may be times when it . is necessary to compensate them for some daily or hourly pay. When this is necessary, the City of St. Joseph will compute the time on the forty (40) hour work week. Deductions From Paycheck (Mandatory) The City of St. Joseph is required by law to make certain deductions from an employee's paycheck each time one is prepared. Among these are federal, state and local income taxes and the employee's contribution to Social Security and Medicare as required by law. These deductions will be itemized on the check stub. The amount of the deductions may depend on earnings and on the information furnished on W-4forms, regarding the number of dependents/exemptions you claim. Any change in name, address, telephone number, marital status or number of exemptions must be reported to the City Offices immediately, to ensure proper credit for tax purposes. The W-2 form that is received each year, indicates precisely how much of the employee's earnings were deducted for these purposes. Any other mandatory deductions to be made from the paycheck, such as court-ordered attachments, will be explained whenever the City of St. Joseph is ordered to make such deductions. Error In Pay Every effort is made to avoid errors in paychecks. If an employee believes an error has been made, they should bring it to the attention of their supervisor immediately. The supervisor will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. . 30 . Diffe entialPa Diffeential pay will be app ied to regularly scheduled work hours from 6:00 p.m. through 6:00 a.m. (Not tÓ inclu1e over(imeh0Ul'S) It i"S,. payable, in multiples of one hour, scheduled between 6:00 p"m. and 6:00 a.m. 6 f the n . xt day; The rate is .11 per hour as established by the City Council. overJime/compensatory ~ime Policy I From time to time, it mayb~necessary for an employee to perform overtîmework in order t9 complete a job on ti e. All overtime must be approved in advance by the supervisor / department head and/or City Conncil.At the rime of reqµesting approval, the department head wíllsubmit an explanation as to why the overti e is needed. When ~t is necessary to work overtime, an employee is expected to cooperate as a condi ion of employment. There are two types of overtime work: I 1. Scheduled Ov~rtime: Scheduled overtime work is announced in advance. This type of overtime becomes part of the required workweek of the people who are members, of the department.. If¡ an employee must be excused from performing scheduled overtime, they should speak with their supervisor. He or she will consider the individual situation and the requirements of the departmbnt in deciding whether an employee may be excused from performing the scheduled overtime. 2. Incidental Overtime: Incidental overtime isn't scheduled, it becomes necessary in response to . extenuating cirp, umstances,' It,iS e,xtra time, needed to comp,le, te"wor,kn, ormally completed during regular hours. Incidental overtime may become necessary when an illness or emergency keeps co-workers fro~ being at work as anticipated. It may require an employee to return to the workplace for bmergency work. Overtime is at the discretion of the City for employees who ate eligibIe.¡ Ifan~on-exemptn employe~ performs overtime work, they will be paid one and one-half (1-l/2) times their regular hourly wage for an~ time over forty (40) hours per week that an employee works. If during that weekJ they were away fromi the job because of a job-related injury, jury duty, scheduled vacation or paid sick time, .fhose hours not worke,d will be counted as hours worked for the purpose of computing eligibility for overtmepay.¡, ,,' ' . 3. Emergency O~ertime:" Employees maybe called for overtime work as a result in the disruption of service to thpresîdents ofSt. Joseph. Services include, but are not limited to Water, Sewer, Police, Fire & Streets. I 4. Compensatod Hours Worked: Overtime work performed which.iscompensated for by time and one half time off, in lieu of overtime, payment. Employees may accumulate up, to 40 hours of unusedcomperisatorytime before monetary overtime compensation must be paid. At the end of eachcalendarybr the employees shall be paid the accumulated compensatory time balance in its entirety.Paymènt shall be made with the first payroll of the following year and will be paid at the rate it was darned. I Pa eriod & Hours I . ayroll workweekbegiþson Friday at 12:01 a.m. and ends on Thursday at 12:00 midnight. i , I I 31 . Pay Cycle: Fiscal Pay Period - Bi-weekly (26 Pay periods per year). Payday is normally every other Wednesday for services performed for the pay period ending the previous Thursday at 12:00 midnight. Paycheck Distribution &. Cashin~ Procedures All City employees are paid through automatic deposit. Reportin~ Time Pay --Inclement Weather & "Acts of God" In the event that inclement weather, power/utility failure, fire, flood or some other "Act of God" keeps the City of St. Joseph from operating, an employee can use vacation days, accrued comp time for up to a maximum of two workdays, provided the City of St. Joseph officially declares that is non-operational for that period of time. Every effort will be made to provide each employee with advance notice in the event that City operations will not take place. Resi~nation & Severance Pay The City of St. Joseph requests an employee to give at least two weeks notice in the event they intend to leave our employment. Any accrued, but unused vacation time will be paid at the time of employment termination, provided six months of employment has elapsed. In additional any unused compensatory time, unused . accrued holiday hours and one-half of the accumulated sick leave balance will be paid at the time of termination under the same conditions of accrued vacation. Any employee wishing to leave the municipal service in good standing, shall submit a letter of resignatîon to their supervisor/department head at least two weeks prior to departing. Failure to comply with this procedure may be considered cause for denying any future employment with the City and denying benefits. Time Records By law, the City is obligated to keep accurate records of the time worked by "non-exempt" employees. This is done with written documentation. An employee time record is the only way the payroll department knows how many hours they have worked and how much the employee will be paid. An employee is responsible for their own time record. No one may record hours worked on another employee's record. Tampering with another employees time record is cause for disciplinary action, including possible dismissal, of both employees. Do not alter another person's record, or influence anyone else to alter an individuals record. In the event of an error in recording the time it should be reported to the appropriate' supervisor immediately. It shall be the responsibility of the supervisor to sign all time cards after verifying accuracy. . 32 I 1 I . Performance & Compensation Reviews perfOfIllanceReview,! .. ... ~¡visor is continuoos1y evaloatinR the employee's job perf0nhartce. pay-toeday ihteraction should Riye an elPloyee a sense ofho1 their supervisor perceives their performance. Howrer, to ,avoid haphaza~d or incomplete evaluations, the Cityof St Josephconduct$aformal review once a yea for each employee.] perfo~te reviews will Jcon<lucted annnal1yby the employee's supervisor to coincide with the employee anniv rsary date. CompIet¢d performance evaluation forms must be submitted to the Personnel Committee thirty days prior to the empI:oyee's anniversary date. The City Council willrevie\Vthe performance . evalu tions no later than the employee's anniversary date. New employees maybe reviewed more 1 frequ ntly., A review may also be conducted in the event of a promotion or change in duties and I respo sibilities. I During fOrmal performancelrevìews, the supervisor will consìderthe following things, among others: · Attendance, initiative and effort · Quality and .qu~ntity ofwork . · Attitude and willingness I · Knowledge of \york · Conditions und~r whichthe employee must work The p imary reason for performance reviews is to identify the employee's strengths and weaknesses in order to rerce therr Rood hab,& ~d deve10pwaysto nnprove m thelrwe~Mea". ThIS reVlewalsose~es to make an employee aware o~ and to document how their job performance compares to the goals and interests and fì, ture goals. An employee's supervisor is interested in helping them to progress and grow in order to I achie e personal as well as ¡vvork-reIated goals -- perhaps he or she can recommend further training or additi nalopportunities.! In a<l~"iOn toindiVldUalJoJ.perfonnance reviews, the City of St. Joseph periodically conduc\, a. review of job descr~ptionsto insure that we are fully aware of any changes in the duties and responsibilities of each positi n, and that such changes are recognized and adequately compensated, which may include upgrading or down ading a position. Work Schedule The normal work week conSists of five(5) days, eight (8) hours long, Mondaythr<mghFriday. Thenormal work ~ear shall consist of 2080 hours. The departments work schedules are prepared by the supervisor and are sjbject to review by thelCouncil. A schedule of daily work hours will be posted by the supervisor at least one eek in advance of sch~duled time to be worked., An employee will be notified whenever a change is neces ary. Should an empl6yee hav~any questions concerning the work schedule, please ask the supervisor. . \ I 33 . Absence Or Lateness From time to time, it may be necessary for an employee to be absent from work. The City of St. Joseph is aware that emergencies, illness, or pressing personal business that cannot be scheduled outside employee work hours may arise. Sick days and/or vacation days have been provided for this purpose. If an employee is unable to report to work, or if they will arrive late, they should contact their supervisor immediately. Give him or her as much time as possible to arrange for someone else to cover the position until the employee can arrive. If an employee knows in advance that they will need to be absent, they are required to request this time off directly from their supervisor. When an employee calls in to inform the City of St. Joseph of an unexpected absence or late arrival, they should ask for their supervisor. If they are unavailable, leave a message with the City Office Staff. For late arrivals an employee should indicate when they expect to arrive for work. Notifying a fellow-employee isnot sufficient. If an employee is unable to call in themselves because of an illness, emergency or for some other reason, someone should call in on their behalf. Absence from work for three (3) consecutive days without notifying the supervisor or the City Offices will be considered a voluntary resignation. Attendance Employees are expected to be at work and ready to work at the beginning of their assigned daily work hours. . They are expected to remain in their work area until the end of the assigned work hours, except for approved breaks and lunch. When the work takes the employee away from the work area, the supervisor should know where the employee is going and how long they expect to be gone. Breaks /Rest Periods An employee shall be granted two (2) fifteen (15) minute rest breaks each day. Rest breaks will be scheduled in mid-morning and mid-afternoon. Break/rest periods shall not be combined to compensate for late arrivals or early departures. The fifteen minute rest break will be taken at the work site, whenever possible. Closure After Starting Time If severe weather conditions exist and the City Offices decideío close the City of St. Joseph for the remainder of the day, each employee will be notified as soon as possible. If an employee is sent home before having worked two (2) hours, they will bepaid for two (2) hours of work. If an employee is sent home after having worked two (2) hours, they will be paid for the time that they actually worked. If the supervisor asks an employee to remain at work after the City of St. Joseph has closed because of severe weather conditions, they will be paid at time and one-half for the remaining hours that they work beyond the announced closing time. Closure Prior to Starting Time If an employee reports to work and find that, due to severe weather conditions, the City of St. Joseph will . unexpectedly be closed for business, they will be paid for one (1) hour of work for that day only. 34 . Excessive Absenteeism Or; Lateness I Inge eral, onei(l) unappro~edabsence in a 180-day period will be considered unacceptable, and the reasons for th· absences may come hnder question. Tardiness or unapproved early departure is as detrimental to the City ofSt. Joseph asanabsénce. Three (3)such incidents in a 180 day period will be considered a "poor work attern" and will card! the same weight as an absence. Other factors, like the degree oflateness,maybe consi I ered. Lunc Period! I If an mpIoyeeworks Ionge~ than four (4) hours, they will be ,given an unpaid lunch period. The time when lunch periods are scheduled varies among departments, depending on the needs of each department. An errployee is expected to take their allotted time for lunch. They are requested not to perform any work, during their regularlyschedpIed lunch period, unless specifically requested to do so by the supervisor. In that event1J the lunch will be resc;eduIed. j The Benefits Package In ad ltion to receiving a sJary and having an equal opportunity for professional dêvelopment:.od . adva9cement, an employee is eligible to enjoy other benefits which will enhance their job satisfaction. We are certain that each emplo~ee will agree that the benefits program described in this Manual represents a very large fnvestrnent by the Ci~ of St. Joseph, and we trust that employees will avoid abusing any of the progr m's benefits. ¡ I i A god benefits program is ¡a solid investrnentinthe employees and City of St. Joseph. It not only insures the loyal, oflong-timecapabI~ employees, however it also helps to attract talented newcomers. The City of St. Josep will periodically review the benefits program and will make modifications as appropriate to the City's condi ion.,j Eligi ,ility For Benefits A fulll-time. employee is eliJible for all benefits described in this manual as soon as the eligibility requtments for each Partitarbenefit have been met A pa~-timeemPIOyeeiS eli9iblefor only those benefits addressed to part-time employees or which are requi edby law to be afforded to each employee, provided that they meet the minimum requirements set forth by la. and in the benefit plán (s). )'010 b~nefits are available to Ian employee during their first síx months of employment, except as provided by law'f .,t.the end of the. .SiXll}.,....o nth p eriod,a....n employee is entitled to use accrued sick and/or vacation leave, whic has accumulatedsinc,e the first day of employment. , . Temporary employees are n\ot eligible for benefits. I i i I I i 35 I I I Paid Leaves of Absence . Time off for any reason during a working day will be deducted from employee's sick or vacation days, as appropriate. Once an employee has used all of their earned sick or vacation days, time off may be granted without pay., All leaves of absence are granted on a case by case basis at the sole discretion of the. Council. Holidays All employees in regular positions are eligible for holiday pay. The City Offices shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties, or other conditions require it. Employees are not eligible to receive holiday pay during their first six months of employment. Police Department employees are eligible for holiday pay from the beginning day of employment. Part-time employees are entitled to holiday pay, only if they would normally be scheduled to work on the day of the week designated as the holiday. They shall be paid only for the number of hours they would have worked. Temporary employees do not receive holiday pay. Recognized Holidays The following holidays are recognized by the City of St. Joseph as paid hOlidays: New Year's Day January 1 sl . Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Good Friday Y2 day and another Y2 day floating Memorial Day Last Monday in May Independence Day July 4th Labor Day 1 sl Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving 4th Friday in November Christmas Eve (Y2 day) December 24 (12:00 noon) Christmas Day December 25 Holiday Policies An employee may take time off to observe their religious holiday. (Minn. Statute 15A.22) Vacation leave may be used forthis purpose, otherwise the time off is without pay. An employee must notify their supervisor one day in advance. The,City schedules all national holidays on the day designated by common business practice. An employee required to work a holiday shall be paid at a rate of one and one half (1 Y2) time only after the employee has completed the forty (40) hour work week as defined in section labeled Overtime/Compensatory Time Policy. Unless special consideration is given in determining work schedules, each holiday commences . at the beginning of the first shift on the day on which the holiday occurs and continues for twenty four hours thereafter. 36 . An 'f"yee isn~t eligibk'to receíVe holiday paywlien they are on l,ave of absence I I , i Vacations VacaIon is a timeforao.Jp10yee torest, ",kx, aodpurnuespecial interest!;. Full-time employees ar~ eligt for p~ld vacati:n, An ,""p10yee is n~t eligible tQ use paid vacation during their. first six montlt' of empI yment. Vacation accrites from the first day of employment. Temporary employees are not eligible for paid acation.¡ I I Amount Of Vacation i I 1 Vacation shall be grantedalfollows: I I 1 year of Employment 40 hours , 2 - 5 years of Employment 80 hours 6 - 10 years of Employment 120 hours 11 - 20 years of EmBloyment 160 hours 21 - 25 yearsofEm~loyment 8 hours for each year ofemployment , with a maximum of 40 additional hours , , 1 ,',-," Vacation Policies I I . ~ effort Willb: made J graot ao employee's vacation at !be time requested, If aoy colÚ!iC's arise in requ¡ts for vacati9n time, ~referenc.e wi.ll begiven.to the employee witlt the most seniority. An e ployee may not recel~e advaoce; vac~tion pay (for vacation time taken in excess of the vacation accrual balanre). ,,¡i VacaFon time is based on anniversary date and shall be accrued ,each pay period and prorated based on the schedule under the section l~beIed Amount of Vacation. I All vtcation time may be taken in incremeots. Ifan employee is eligible for three (3) or four (4) week, of vacat on, they may take only two (2) weeks at one time unless written approval from the supervisor is receird in advance. : If an employee is on an app~oved leave of absence for less than thirty (30) days, their vacation eligibility will not b i affected; should the I'eave extend beyond thirty (30) days, vacation time will npt continue to accrue. , i If a ity paid holiday falls during a scheduled vacation period, an employee will not be charged a vacation . I day fì r that hohday. I i , Accup1UlationRights I I No jore than eighty hourstf yacation. time O1aybe carried over aod.iccomulated throughanen\plóYee" . anniJrSarydate. Any hou~s/days in excess of the allotted carry over, will be forfeited on the employee's anniersary date. i , ! I ! 37 Vacation time may be taken in increments of one or more hours. The maximum that will be paid as a lump · sum, when an employee discontinues municipal service is their accumulated vacation. Other Paid Leaves Funeral (Bereavement) Leave A full-time employee is granted up to three (3) days with pay to attend the funeral and take care of personal matters related to the death of a member of their immediate family. (A parent, spouse, spouse's parent, child, spouse's child, by a former marriage, bother or sister.) One(1) day of paid funeral leave will be granted in the case of the death of a grandparent, spouse's grandparent or sibling, or any member of an extended family living in their home. With the supervisor's approval, an employee may take up to one day without pay to attend funerals of other relatives and friends. Vacation time maybe used for this purpose. Pay for a funeral leave will be made for actual time lost from work. If the death occurs at a time when work is not scheduled, payment will not be made. If a funeral leave is requested during an employee's vacation, they will not receive vacation pay in addition to a paid funeral leave. An excused absence for family death may not be"retroactive, postponed or split. Jury and Court Leave · It is an employee's civic duty as a citizen to report for jury duty whenever called. If an employee is called for jury duty, the City will permit them to take the necessary time off and the City wishes to help an employee avoid any financial loss because of such service. If an employee has completed the Introductory Period, the City of St. Joseph will reimburse them for the difference between their jury pay and their regular pay, not to exceed eight (8) hours per day, for a maximum often (10) business days. An employee must notify their supervisor/department head within forty-eight (48) hours of receipt of the jury summons., On any day or half-day that the employee is not required to serve, they will be expected to return to work. In order to receive jury duty pay, they must present a statement of jury service and pay to their supervisor/department. This document is issued by the court. Court leave is not available if an employee is called as a witness in a non-official capacity on behalf of a private party. If an employee's presence as a representative of the City of St. Joseph, is required in an official capacity, or on behalf of a private part in official capacity, thêy are only entitled to their regular salary. V oting Leave Every employee who is eligible to vote in an election may be absent from work for the purpose of voting during the morning of that election without penalty or deduction from salary or wages because of the absence. For purpose of this policy, "election" means a regularly scheduled state primary or general election, an election to fill a vacancy in the office of a United States Senator or State Representative or a presidential · pnmary . 38 . Sick eave To qualify for sick Ieavean1employee must be a full-time employee and have completed their Introductory periof' Time taken offbefÓre the completion of the introducto.ry period will be. without pay. Each employee will accrue sick leave at the irate of eight hours per month. Sick leave must beaccrued to. be used. If an I emptee mwt be absent IT?m.work bocause .ofa p=onal i¡fiess, fueYMll· be elIgible to receive fueir re~lar straIg t time pay. Employees may accrue up to a maXimum ofmnetydays. An employee may use their sick leave in units of no less tharione (1) hour at anyone time. An employee must notify the supeJ~sor/?epartment hea~las so~~ as possible that th~ywill be absent from work ~ue to ill?ess; keep. their supe,lSor mformed of thel' condlhonIffueabsence IS for more than a tl1ree days m durahon, a medIcal certi cation must be submifted to the supervisor/department for any absence. I i \ Sick leave may be granted for the purpo.ses of visiting doctors, dentists or other practitioners in their offices. This ~ime may also. be usedfo.rtending to a serious illness suffered by a ,member of an employee's immediate familr, in the eventthe illndss requires their personal time and attention. F or purposes of this section, I-r~ .familYfiC1udes.SPOU~' chil<l,purènt oc. sIblIng lI~ng m fuelr home. . .If anofu~. person can attend to the needs of an ill family imember, the employee is expected to fulfill their duties as an employee of the City ,f St. Joseph. i I I I TI¡e ¡ty of ~t Joseph may reqoest "proof-of-illness" and may alsowe.an appointed physician to examine the empl ,yee.i . If an. mp10yeejs i,quired t~ tak~a di~ability leave of abseoce,anyaccru,d sick. leave may be paid at the time theJeave commences. I Payment will be equal to onehalfofthe accrued sick leave balance. If an Lployee is on "n apJovedl""ve of absence fodess tMrt thirty (:\0) day~. an employee's sick leave eligib~lity will notbe affectJd; should the leave extend beyond thirty (30) calendar days, sick leave time will not"tt¡nue to accroe. . The stck leave policy appIi~s to. all full time regular employees on the City of St. Joseph's payroll. It also does not apply if sick leave is needed asa result of self-inflicted injury, illegal substance abuse or alcohol abusel, or illness or injury in:curred while in the act of committing a felony. Sick leave is allowed for persons enterirg a certified treatment program for drug or chemical abuse. In thgevent of an ilfiess orljury cov~ed by workers' compensátion, this sick leave policy will not apply, but Wtlldefer to the State sttote. Sick days accumulate to a maximum of. no hours. For each sick day accrued beyond the maximum allowed days, one straighttime shiftlwill be paid, with individual checks quarterly. Upon the termination of employment with the City ofSt. Joseph, an employee will be paid fora maximum of 720 fuours of accumulated sick time at half time. I i , Bone Marrow Donation Absence t An e ployee, working an a~erage of 20 hours or more per week, shall be, entitled to a paid leave of absence . when undergoing a medical I procedure to donate bone marrow. The combine<i length of the leaves of absence to co I plete the procedures ~hall not exceedAO work hours, unless the employer specifically agrees to a , I I I I I I 39 I I , I I greater leave. The employer may require verification bya physician of the purpose and length of each leave . requested by the employee to donate bone marrow. Military Reserves or National Guard Leave of Absence Employees, to whom Minn. Stat. 192.26 or 192.261 or U.S.c.A., Title 38, Section 2021 applies and who serve in the U.s. military organizations or state militia groups will be given the necessary time off with pay to fulfill this obligation, and will retain all of their legal rights for continued employment under existing laws. Employees who attend military training will be paid theirregular salary for a period not to exceed fifteen (15) working days per calendar year. Employees that need more leave, may apply accrued and unused earned vacation time to the leave ifthey wish; however, they are not obligated to do so, norwill such time off be considered vacation pay. Military leave is charged as days, not hours of military leave used. Non work days within a period of active duty will be recorded as military leave. Note: An employee is not authorized to split the time taken between military and vacation leave to circumvent a charge to military leave for the intervening weekend. An employee is expected to notify their supervisor as soon as they are notified of the dates that they will be on duty so that arrangements can be made during this absence. An employee who returns from service in the Armed Forces of the United States of America, will be re- employed in accordance with whatever law or laws are in effect and which apply to each case. Unpaid Leaves of Absence . Occasionally, for medical, personal, or other reasons, any employee may need to be temporarily released from the duties of their job with the City of St. Joseph, but may not wish to submit their resignation. Under certain circumstances, an employee may be eligible for, an unpaid leave of absence. An unpaid leave of absence may be granted up to twelve months, subject to approval of the City Council. An employee must apply in writing for an unpaid leave of absence, setting forth the reason for the leave, the date on which they wish the leave to begin and the date on which they will return to active employment with the City of St. Joseph. Applications should be submitted to the City Council. The needs of the City of St. Joseph will determine the number of employees allowed out on unpaid leave at anyone time. An employee must adhere to all the requirements set forth in the following sections. Failure to do so may result in alterations of their employment status or termination of their employment with the City of St. Joseph. Disability (Includin~ Maternity/Paternal) Leave of Absence The City of St. Joseph may grant an unpaid leave of absence for illness, disability or maternity. To request a disability leave of absence from the supervisor/department head, an employee should submit, or have someone submit for them, a statement of ill health or disability from their doctor. (Pregnancy is treated, for the purpose of policy, the same as an illness or disability). An approved disability leave maybe granted for up to ninety (90) days. Ifnecessary, an employee may request extensions in thirty(30) day increments for a maximum of one (1) year. Whenever possible, an employee is required to give as much notice.aspossible of their pending need for a disability leave of absence. . 40 I I ¡ I . In the case of pregnancy, pI~ase inform supervisor/department head, as soon as possible of the date an empl yee and their doctor apticipated that they will begin their leave. A job status will be protected to the exten) that the City will maKe every effort to allow an employee to return to their former work, or similar work l' f available, for which I they may be qualified. At th time the disability le~ve begins, any accrued vacation or sick leave can be used. These benefits will not c ntinue to accruedurÜJ.g a leave of more than thirty (30) calendar days. This olicy applies to all e~pIoyees. ¡ I Empl, yees who develop an illnessorphysicaI condition which requires medical treatment or restrictions and precaj.1tions asto their health will be required to submit a physician's statement. This statement must give approfaI.that continued fullttime emPlOyment. in their present position will not jeopardize their health or the safety of others,. in the event they continue to work. A similar statement is required upon return from a disabflity leave. ". i Emplbees oo;ee1igible fO,JPto six we~ks unpaid.leavé in connection With the birth or a<ioption of.< child"· The l~ave must begin within six weeks prior to birth or adoption or within the following six weeks. Unused vacatf'on and/or sick leave clay be applied to parental leave, with prior approval of the Council. ¡ An E ployee shall be alloJed to take up to six weeks of leave without pay upon the adoption of a child. The perio ' . of time during which! leave may be taken shall begin before or at the time of the child's placement in the eIj1p10yee's hQme and shf.ll be for the purpose of orranging for the chUd's placement or caring for thc chIld after adoption. ! . Any jmPIOyee who has bee~ employed for at least six consecutive months and working an average number of hours1p er week e. qUal.. too..ne:.-haIf O.fa..fì.UII .tim.ee q.uI.'vaIent positl'on in the. .em p 10.,y e.e'.sJ'o bc.Ia ss. ificat i.on....m.a y reque t parenting leave., The request for parenting leave may not exceed six weeks and would be unpaid. It woul be granted inconjun¿tion with the birth or adoption ofa child by the natural or adoptive parent. Leave must egin within six weekJ after the birth or adoption. The child must be under the age 18 years or under the a~e of20ifthechiId is ~till attending secondary school. Duringthe periodof1eave,the employer shall contiryue to make insurance boverage available to the employee under the City's group insurance policy for thee1P10yee an.d anYdep~.d en ts. Th eem ploy ee shall pay the cost of insurance or health care while on the leave of absence. I, I unpa~~d School conferenc~s and Activities Leave Empl i yees shall be entitled~oleave of upto 16 hours during any 12 month period for the purpose of aUen .. mg .school c~hferencel or c1àssroom acti1ties related to the employee's chIld, provided the conferences or clafsroomaCtIVltIeS cann9tbe scheduled dunng non-workmg hours. ,The employee shall provIde reasonabk prior notice of the leave and make, a reasonable effort to schedule the leave so as not to unduly diSru. *..t the operation.softheiemPIOyer.The leave shall be without pay, but the employee may substitute any accrufdpaid vacationleave ¡or other paid leave for any part of the leave requested for the attendance of the school conference or schooll activity. I I Sick hUd Leave Absence I I , i . AneTployee may use hisot her own personal sick leave benefits for absences due to the illness or injury to the e ployee's child for such reasonable periods as the employee's attendance with the child may be I ¡ , I I i I 41 necessary. The use of the sick leave shall be on the same terms as the employee is able to use sick leave . benefits for the employee's own illnesses or injuries. For purposes of this policy, sick leave benefits does not include short term or long term disability or other salary continuation benefits. Returning From A Leave of Absence An employee returning from a parenting leave of absence is entitled to return to employment in the employee's former position, or position of comparable duties, number of hours and pay. If the leave of absence was more than one month, the employee must notify his supervisor at least two weeks prior to return. An employee returning from a leave of absence to care for a sick or injured child or for the attendance at school conferences is required to return to employment in the employee's former position. If during the leave of absence, the employer experiences a lay-off and the employee would have lost the position had the employee not been on leave, pursuant to a good faith operation of a bonafide layoff and recall system, the employee is not entitled to reinstatement in the former comparable position. In such a case, the employee retains rights under the layoff and recall system as if no leave of absence had been taken. An employee returning from such leave of absence is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments that occurred during the leave of absence. The employee is also entitled to retain all accrued benefits of employment and seniority which existed before taking the leave. An employee, with agreement of the employer, mayreturn to part-time work during the leave period without forfeiting the right to return to employment at the end of the leave. Insurance Premium Payment During Leaves of Absence . The City of St. Joseph will continue to pay their share of insurance premiums for employee coverage and dependent coverage for amaximum of six (6) months while an employee is on a disability leave of absence. While an employee is on any other type of unpaid leave of absence from the City of St. Joseph, an employee will be responsible for paying the total premiums for their coverage and that of their dependents while on leave. Failure to do so may result in loss of coverage and possible refusal by the insurance carrier to allow their coverage to be reinstated. Insurance Coverage Group Insurance The City of St. Joseph is interested in the health and well-being of both the employee and their family. A comprehensive health and life insurance program is available for each employee and their family. The City provides group insurance underwritten by a national insurance carrier. After completion of a thirty (30) day waiting period an employee and their family are eligible for coverage. The following benefits are provided, as defined and limited in the literature provided by the insurance company: CJ Group Term Life Insurance CJ Accidental Death and Dismemberment Insurance CJ Major Medical and Surgical Coverage CJ Medical Health Care Coverage . 42 I ! \ . i 0 Dependents' H((alth Care Coverage o Dental Insuran¿e o ' Long Term Dis~bility Insurance If an employee chooses ínsl_e coverage, the Çity'sínsoranc, comPaIlY provides a hooklet describing the benetlts; a copy of this will ¡be given to each employee when they join the, program. The City pays a portion ofth1premium for insurande coverage on the employee. The employee will also pay a portion of the insur ' nce premiums for their coverage and for coverage of their eligible dependents through payroll dednjtiaIl' The portiqnspa\d by each party are determined by !he City Cound1 andreviewe<l periodically. In th' event of termination bf employment with the City of St. Joseph or. loss of eligibility to remain covered undYe City .grOuP.hea1thr=ance progræn,..the enwloyee and.theu. eligrble dependenŒ may have the right to co ' tinued coverage unde the City health insurance program for a limited period of time at their own I expe se. (This does not affect the conversion privilege as stated in the insurance policy.) Consult the City Offic for review of in sura rice coverage that may be available for a terminated employee as outlined by FederlaI Law. I The IIY shall not be 1iab1e~an employee fortlÌe insnrer's fail lire to pay a .claim. . Disa ilityInsurance < \ A re~lar full-time. emp1qyee of th~ City of StJ os,,!,h is ¡>rqtected through acclUllulat,d sick 1ea~e days for . short1t~rm.d.isabilio/ ifthey:are totally d~sabledbe~ause o~illnessor ac?identthat i~ not job related. Long term· IsabIlIty begIns after 90 days and IS defined In the lIterature provIded by the Insurance company. \ Total disability means that rln employee cannot perform any position that the City of St. Joseph has available, I. ... ....... .... .. ...... ......... . . .... ... . that a employee is qualified for andnoffi1ally able to perform. (Worker's Compensation benefits protect the empl i yee if they are involvbd in a job-related sickness or accident.) I The ity shall not be liable to an employee for the insurer's failure to pay a claim. \ i I Health / Dental Insurance I ~'s many health /dental insorance plans andqptiooscan be confusing an<l complicated. That is Why thc City ~fSt. Joseph has taken I the time to carefully review the coverage and plans available. Refer to the literaüure provided by our i9surance company fordetails on the health/dental coverage. i Life 'nsurance I ¡ I A reg lar full-timeempIoy¢e of the City of St.Joseph is covered by the City's Group Life Insurance. This insur nce is payable in the ~vent of the employee's death from any cause, at anytime or place, while they are I insur d. Payment will be made in a lump-sum orin installments to the beneficiary, as designated by the empl yee." An employee m~ychange their beneficiary whenewr they wish by submitting the appropriate docu ents to the City Offic¢.., Refer to the literature provided by our insurance company for details on life , insur nce coverage. i 'I i I . I , i i i i 43 i I I Termination of Insurance . Insurance coverage will terminate when the insurance policy terminates, because the employee has failed to make an agreed contribution to premium when due; when an employee ceases to be eligible for coverage under the terms of the group insurance program, or when an employee ceases to be employed ás a regular full-time employee eligible for the insurance. The City of St. Joseph may, by continuing to pay the premium, keep the insurance in effect for a brief period if an employee ceases to be an eligible employee for any reason other than resignation, dismissal, or failure to meet the terms of eligibility of the group insurance program. Pursuant to COBRA, an employee has the right to continue insurance. Upon termination, information will be provided to employee. Government Required Coverage What is Worker's Compensation? Minnesota's no- fault Worker's Compensation law was passed by the State legislature in the 1930's to guarantee prompt, automatic benefits to workers injured on the job. Today, if an employee is unable to work because of a job injury, the employee shall be entitled to the benefits available under the Minnesota Worker's Compensation Act. All injuries, no matter how slight, must be reported immediately to their supervisor/department head, to assure consideration under Worker's Compensation Insurance, should complications develop later. The . supervisor/department head will see that the employee receives medical attention. Employees returning to work after being absent due to an injury must report to their supervisor/department head prior to beginning work, and must bring a doctor's clearance for returning to work. Unemployment Compensation If an employee becomes unemployed, they may be eligible for unemployment compensation, under certain conditions, for a limited period of time. Unemployment compensation provide temporary income for workers who have lost their jobs. To be eligible, an employee must have earned a certain amount and be willing and able to work. An employee should apply for benefits through their local State Jobs and Training Office as soon as possible. Social Security The United States Government operates a system of contributory insurance know as Social Security. All employees, except the police officers are required by law to contribute to a set amount of their weekly wages to the trust fund from which benefits are paid. The City of St. Joseph, as the employer, is required to deduct this amount from each paycheck the employee receives. Other Benefits If the injury is very serious -- one where an employee won't be able to work for a year or more -- the . employee maybe eligible for additional benefits from Social Security. For information contact the nearest office of the Social Security Administration, or an employee can discuss their situation with the claims 44 . repreentative of the City o~ St. Joseph's Workers' Compensation Insunmce Carrier. < Empl yees returning towork after being absent due to an injury must report to their supervisor/department head I rior to begiJ.ming work, and must bring a doctor's clearance. for returning to work. I I I I Retirement Retir mentPolic ~. . . . I The ity of St. Joseph Employees' Retirement Policy (provided through PERA and ICMA) is to provide , I eligib e employees (whohaye completed sufficient service) with a monthly pension benefit upon retirement. Thep¡licy includes provisidn for normal retirement at age sixty-five (65), and early retirement or disability retirTent benefits for emp16~ees meetin~ certain qualifications, I' I All eJ10yeeS, with the exch>tion ofthePolice DepaI1JÍ1en~ sball bav~a mandatory retirem~nt ageofsevcuty (70). Every enforcement officer, employed by the City, shall automatically be retired as determined by the Retirement Plan. I All re~r full-tune emp10Jee, and part'tirne ~mp10yee who meetthe mmtinumrequirements as estab.lished by PB must participate in the Employees' Retirement Plan. Participation in the policy begins on the first day of each mo.~th. following an emp1~yee'shire date, If an eII1ploye~ is hired o~}hef'!'st day of a month, theirarticipation in the POlICY begins on that day. . The d tails regarding the City of Sl Josepli an<! employee co~trìi>u~~ns, vestin~, ap",inistration, investments e~..t provIded. in tire s~1ate li~Orre foc the Employees' Retirement policy, whICh IS. available. City ire Fighters see City Ordinance 24, section 24.10 which addresses retirement age. l Statement Of Em 10 ee Retirement Income Securi Act ERISA I As a articipantillthe cityàfSt. Joseph Employees' Retirement Plan, an employee is entitled to ,examine the polic documents and the atþual report and plan description filed with the U.S. Depqrttnent of Labor. This inspe tion may be made dUf¡ing normal business hours. Tax eferred Annuity i ¡ Info ation on this method pf saving pre-taxed dollars is available to employees from the City Offic~. I Educ tion ffrainin Attehdin Seminars / Trainin Sessions From time to time, the City ~f St. Joseph may arrange to have both formal and informaFtraining programs to enabl· an employee. toprogfess in their technical knowledge. Several times a year, specific schools, work~hops, or training programs may be available,' An employee will receive a normal paycheck if they attend these schools or workshops. The City will reimburse the ' employee for eligible expenses while attending a training seminar lor workshop (See Attachment B). i í If an .' mployee becomesawkre of a particular seminar that they believe is appropriate for enhancing their . skills [and! Or those of otherb~ploy~es), the~ shoold bring i!to the attenpon of their supervisor/departmeut I i I I I i 1 45 ! I I , 1 I I head. The supervisor and/or departrnenthead will determine the percent of value the training has to the . employee and City ofSt. Joseph and the expenses will be reimbursed based on the same percentage. If the workshop/training is scheduled after normal working hours, the employee will be compensated at $ 10.00 per hours times the percent of value. Since these seminars are usually offered only at specific times in a geographical area, the supervisor/department head needs to approve/disapprove as far in advance as possible, and bring to Council for final approval/denial. Employees attending conferences, seminars, workshops or training at their own initiative, shall not be compensated or paid, for more than eight hours a day, except as it conflicts with State or Federal law. Seniority An employee must complete an Introductory Period. During this period, they carry no seniority rights. An employee's seniority will reflect their length of employment beginning on the date on which they began work. Seniority does not accumulate during a period of suspension. A longevity payment of $ 20 per year of service is paid after December 1 st of each year. Miscellaneous Dress Code / Personal Appearance Employees are expected to dress and groom themselves in accordance with accepted social and business . .standards, particularly if their job involves dealing with residents or visitors in person. Each supervisor/department head is responsible for establishing a reasonable dress code appropriate to thejob performed. A neat appearance contributes to the positive impression an employee makes on the residents and visitors of our City. An employee is expected to be suitably attired and groomed during working hours orwhen representing the City of St. Joseph. A clean appearance increases an employee's self-confidence and greatly enh,mces the City's image. Personal appearance should be matter of concern for each employee. If the supervisor feels an employee's attire is out of place, they may be asked to leave their work area until properly attired. They will not be paid for the time they are off the job for this purpose. The, supervisor/department head and/or City Council has the authorization to determine an appropriate dress code, and anyone who violates this standard will be subject to appropriate disciplinary action. Fire Drills The City schedules drill annually for employee safety. The supervisor/department head can answer any questions about what to do. First Aid Federal law ("OSHA") requires that we keep records of all illness and accidents which occur during the workday. The Minnesota State Workers' Compensation Act also requiresthatan employee reports any illness . or injury on the job, no matter how slight. If an employee hurts themselves or becomes ill, they should 46 I i . stored, mJiore<i;.or disclosed at any time by tbe City", \ The ermail system shall not[ be usedto transmit messages, either within theCity or in communications transîitted outside the City; that might reflect poorly on the City, including language or materials,of asexual or ot~erwise inappropriate nature, or that may be construed as harassment or disparagement of othershlsed upon their race, color, natiohal origin, sex, sexual orientation, age, marital or familial status, physical or ment~l disability, religious Órpolitical beliefs, or any other characteristic of people protected by federal or state ~aw. The e~mailsystem shall not be used for sending information outside of the City of St. Joseph that constitutes the cqnfidential or proprietary inti,. ormation of the City (except with the express perm, ission of the City), nor for the unauthorized receipt[ of the confidential or proprietary information of others. Employees shall promrl tly notifY th, e Cle rk/~dm inistrator in the event an e-mail transmission, containing the confidential or propr etary information of ~nother party is received without the express permission ofthatparty. I c. eriodic Deletion of E..:MaiI Messages emaiI messages. How~ver, the City may suspend the regular deletion of all or part of e-mail messages ti r an indefinite period,1 without notice, whenever the City deems the same advisable, (This could occur, ti r example, in the event the City becomes involved in an investigation, litigation, or any other Joceeding that may necessitate the review or production of the City's records. I . D. ioIation of E-Mail POI~CYMay Result in Discipline IlOlation of tbi, e-mall1pOIiCY mayresu1t in diScIpline up ti> andinc 1udmg imme<liåie tenninatiou of employment. I salJ Ne otiations Nego iations will commenc~ during the month of October. The City Councj1 will appoint two members of the Coun j1 to conduct employ~e sessions and recommend suggestions for improvements for the following year. The e pIoyees will be notiýed in writing at least seven days prior to the scheduled meeting (s). i Exitnterviews ' Ininslances where an empllyee voluntary leaves the City's employ, the City of St. Joseph management and City ouncil/Mayor, wouIdllike to ,discuss the reasons for leaving and any other impressions that an empl yee may have about the City of S1. Joseph., During the exit interview, an employee can express info ationwill be kept s~ctly confidential and will in no way affect any reference information ,that the City of S1. Joseph Management will provide another employer. I 1 Grie ance Polic 1 It is t e policy of the City of 81. Joseph to prevent the occurrence, of grievance"sand to dealpromptly with a,ny I . comp aints. If an employeeihas a complaint, theymay discuss all relevant circumstances with their supe isor/department head or Mayor and attempt to resolve it, or if they have reason to believe the 48 supervisor will fail to properly respond to the situation, as where the supervisor is the perpetrator. If the · grievance involves the supervisor, the personnel committee should be contacted directly. If the grievance is not dealt with satisfactory at this level, the grievance may be carried to the entire City Council by the supervisor/department head or the employee. The decision of the Council on all grievances is final. Layoffs After atleast two weeks notice to an employee, the City Council may layoff any employee whenever such action is necessary because of shortage or work and/or funds, the elimination of a position, or changes in the organization. No employee, whether full time or during an introductory period, shall be laid off while there is a temporary employee serving in the same class of position for which the full-time or introductory employee is qualified, eligible and available. · · 49 ATTACHMENT "A" I · I RESOLUTION PROHIBITING PERSONAL REPRESENTATION OF I CITY EMPLOYEES AND OFFICIALS BY ¡ CITY ATTORNEY'S OFFICE I I The City Council has made the following findings: I \ That th~ city Attorney is called on from time to ,time torepresént the ¿ity in mat'l;Ên;s adverse to. the interest"; of emp+yees 0, offiJials.ofthe city. Under sucb, ci>;,cumstances, the city Attorney ImaYhave a. conflict of int,erest if there is also an ongoingattorneyjclient relationship with the employee or , official. Under those circumstances, if the City Attorney has an ongoing attorneYlSlientrelationship with the employee or , ... . ·1 offJcial, the City Attorney may be ethically bound to withdraw fro representati6n of the City and ,.the employee or official. The pot~ntialwould also exist for City employees or ! Offi cials ha,,~ng ~nongoing ,attorney/client relationship with the Cit] AttorneY'so:rfice to attempt to assert undue influence or pressure on the City Attorney so as to j~opardize the City · Att+neY'SaÞilit~ to render al) unbiasedopiniol)j:o the city and fUllr-repres~ntde CitY's.interest. TOdáteJ such problems have not arisen, but the city Council .feelstha£itwò\1idbe appropriate totake.âctionto avo1d·tneposSibifitYOfPrOÞleInSin tne.future and to ensure tne coniinuing integrftyand independence of the City Attorney's OffJce. I Therefore, the City Council HEREBY RESOLVES: 1. Th~t the City Attorney's office shall hereinafter def r from repres~nting any employee or official of tne city of st. Joseph, or any minor child or spouse of an employee or ! . . off'cial of the C~tyof st. Joseph, with regard to any personal mat ers of the. employee, official, minor child or spouse. I, . . . . , , 2. Employees andoffJ.cJ.als of the CJ.ty of '. st. Joseph I are herebyaskedt:0 refrain from contacting the City Attorney's off' ce seeking legal representation which '.'. is otherwise herein prDTbited. · , 3. For purposes of this resolution, officials of the Ci t. of st. José¡,h sgall 11)ClUde, butsnaU,nót be limited to, the following: City Council member, Planning Commission member, . Housing or Rental Inspector, Treasurer, and reserve pOlice officers. For purposes of this Resolution, the following are not considered employees or officials of the City of St. Joseph: City Auditor, city Engineer and Building Inspector. 4. This Resolution shall not affect any attorney/client relationship existing at the time of its adoption. The city Attorney's office is authorized to continue the current representation of any official or employee with regard to any matters currently pending, but shall defer from undertaking representation with regard to matters arising in the future after conclusion of any pending matters. 5. Any employee or official may request the City Council to make an exception to the restrictions adopted by this Resolution, but no exception should be made except where good cause is shown as to why personal representation by the City Attorney's office is necessary. ~ . Mqy This Resolution was passed this ~ day of , 1993. Bys/ßC{,f~£' ~V Maýor N: \city\stjoe\a.ff>S 1393 .251 . ATTACHMENT "B" . Expense Reimbursement Policy olic Statement: Hlis the policy of the City of St. Joseph to reimburse the Mayor, 1ouncilors, Commissioners, Employees and Representatives of the City (herein referred to as "Officials") for expenses incurred while attending anauthorized ~~etm~ worksboP..~. conference;" .(seeMeeHng comp~nsaHon polieyto detenWne allowable meetings for reimbursement of expense)~ Allowable expenses include I, dging, mileage, mJals, per diem, and registration fees. However, City employees a e not eligible for p~rdiem. All requests for reimbursement must be accompanied rh a receipt. I 'EALS ¡ he City of St. JosepHshall reimburse any Official for meal expenses (including a r asonable gratuity ahd tax), incurred while attending an authorized meeting. ·All r imbursement requ~sts must be accompanied with receipts (establishment receipts, not c edit card receipts) ~nd submitted to the City Offices within 60 days of incurring such e pense. The maximfm compensation for meals is as follows: Breakfast: Prqvided that the Official leaves home before6:00 a.m. or is away fro~ home overnight. Maximum compensation: $ 6.00 . Lunch: Prdvidedthat the Official is in travel status and is more than 30 miles aw~y from his/her normal office,or is away from home overnight. Maximum compensation: $ 7.00 Dinner: Pro~ided that the Official Can110t return home until after 7:00p.m. or is av{rayfromhome overnight. Maximum Compensation: $12.00 i I TI eCitywill not reimburse any Official for meal expenses when the meals are partof t ¡ e .C;onfere~ce and r~gìstration fees. . Additionally, the City shall not reimburse any JffiCIa1 for liquor expenses. I " . }ILEAGE I ~e City of St. JosephlshaUreimburseany Officialfor mileage expenses incurred while a ending an authoriiedmeeting, conference or workshop. The rate of compensation .Jill beequaltö the maximum allowed by the Internal Revenue Service. If more than ohe Officialis attendfug the same meeting, conference or workshop a car pool (s) shall bê. formed (sö as not ~o violate the open meeting law) and only the designated driver 1ill be compensated for mileage. Mileage will be based on the most direct route to, the d stination. I . . PER DIEM The City of ~t. Joseph shall pay per diem to any Official, excluding employees, while attending an authorized meeting, conference or workshop. Per Diem shall not be paid if the Official is receiving salary jwages from the City of St. Joseph for attending the meeting, conference or workshop. Per Diem shall be paid only if the attendance time is greater than four hours, including travel time. Compensation for per diem is as follows: Four (4) to Five (5) hours, including travel time $ 40.00 Greater than Five (5) hours, including travel time $ 80.00 LODGING The City of St. Joseph shall pay lodging expenses provided that the authorized meeting, conference or workshop is more than one day in length. When incurring lodging expenses the Official shall use good judgment and see that the charges are reasonable and consistent with the facilities available. Reimbursement requests must be accompanied with a receipt. If the Official is pre-registering and requires lodging, sjhe may request the City Offices to prepay the charges. . MISCELLANEOUS REIMBURSMENTS Long Distance: All work related long distance calls provided that the employee does not have a City telephone credit card or is unable to bill the call to the City Office telephone number. Parking Fees: The City of St. Joseph shall reimburse expenses relating to parking fees and toll fees, provided a receipt is submitted. , Commercial Transportation: The City of St. Joseph shall reimburse an Official for commercial transportation (air, taxi, rental car, etc. . .) when need to attend an authorized meeting, conference, workshop out of the area. If air transportation is required the most reasonable flight pattern will be arranged. First Class travel will not be reimbursed. This policy supersedes any existing policy and is adopted this 6th day of March, 1997. . . I I 861 It 1 . G) "i "m 0 0 t[ OJ OJ» c.. CD: Q) - C CD .., CD -c o "", -.'< _ -, Q) C :::I CD... I", 8. <g I 3 So ë3 S' CD (J) ~ ¡¡¡ < (J)' 0 ::r;::¡: CD m 0':::1 0. -' I :::I .., Q) :::I a.-' ~ ,,_ ç a. ;:¡. ~. ~ < Q)I ^ ::r Q) -. "I g¡ g I » en r r -I Z "U»»» en ..,., roenc;:;:; » » "U r :Þ "m " = C m m CD 0¡ 0 = = = C "" m ~ <=r ::!: "" :;. a. 0 m " C 3 G) "0 r r 1\):::1. -. G) G) G) -0 m r -. 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Nea~ess and good housekeepmg are SIgnS of efficIency. An employee IS expected to keep theIr work area neat and orderly at all timds -- it is a required safety precaution.. They should always be aware of good health and rafetystandards, inc1u~ingfire and loss prevention. Report anything that needs repairing or replacing to the rPerviSOrldepartment read immediately. Personal Phone Calls & Mail i Pers naI phone calls shouIpbekeptto a minimum ~- they must not interfere with the work. An employee is pe itted to make limited local ar~a calls on City telephones for essential personal business during lunch or "bre k" periods only. Do Jot abuse this privilege. Emergency calls regarding illne~s or injury to family me bers, changed family plans, or calls for similar reasons may be made at any time. Incoming urgent calls will e directed to the emp}oyee. I i Donr use the Clty of S t Jo~eplt as a personá1mai1ing address, and do notput personal mail in the !tacks that are t, be run through the postage meter. Although the amount may seem small, it is still considered theft. . I , Elec ronic Mail "E~MAIL" I i A. o Right to Privacy] d y computer files or blectronic mail ("E-Mail") messages maintained, stored, received or transmitted on r from the City of St. Joseph's computer systems are and shall remain property of the City and are s~bject to being monitQred and/or disclosed at any time by the City. Employees of the City of St. Joseph ~ . ave no privacyintere~tsin e~mail messagesorpasswords,are deemed to consentto the City's onitoring and disclOS4re ,of e-l11ail messages, and will make, no claim against the City for monitoring e- t' for disc!osmge:iatl. or for any other issues relative to.the City', e-mail system B. General Restrictions onjConsent of E-Mail Messages The e-mail system pas been installed by the City of St. Joseph for use inthe conduct of its business. " The Cityrecogniz¿s,however, that employees may dèsire to use the e-mail system occasionallyfor personal purposes. ¡The City will permit such occasional, personal use ofthe e-mail system, provided that: I I 1. Such used6es not result in additional costs to the City 2. Such use is! not excessive or abused by employees; and 3. Employees understand (and are herebyinformed}that all messages transmitted or received on the e-mail system, or whatever nature, remain fully subject to all of the provisions. of this . e-mail policy (thus, for example, even personal messages on the e-mail system constitute the City ofSt. .Joseph's property in which employees have no right of privacy and which may be I' -' .' , '." \ I ! I \ 47 I \ . . . ~ . j I I I I ...,. . ,_ . . . . . .. .' .~, ,..,.' ..-; . ;'-' , ,.::;. ":rri:,. 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L;':.C'- .. .', .. ..:'-"':'. ..:..~.~.::~...\:.~:>.o' ','.' _,:, :..:: '.' .' :::.:.:. .;- .. . t 0,0. ø . t.l. '" ",,'J: \....... ,'" .,....', ..1..... . . ... .. " F 0 ~'..c:. ,&11 ·U._.ft!... ...,.....,..',... ....,....... :if.,". ....' , '. . ,.',. ....,. .... . . ".. ;. . ¡~·~t¡·,·..::;.;~ ,:;~,;,'·"H",;;.;;~~1i~~~~~~~\f:¿~~:~;~z;;.:L~Ó¡,,:&~ . . .', , I ! LVy C-2) pc Ol/;rUA'?:;J/ ~r I Section 13.22. time absent may be takal without pay. An ewnpt .' School Conference and Activities Leave. employœ who does not report for work may charge , A probationazy or regular fu11~rim(; employee may the absence to accrued vaacion or pcI'3onallea.ve. An take:: up to 16 hours unpaid. leave dudrtg any 12 exempt employee who does report for work shall be . month period to attend sclioolArelated activities or paid for the c:mployee's norrnalwork day. child care a<:tivicies for the employtt's child which cannot be scheduled during non·work hours. The Section ..Kl1( employee shall provide reasonable prior notke of the lea.ve and. make a reasonable effort to schedule; the MILITARY LEAVE leave so ~,not to disrupt City operations. Section 13.23. . Section 14.1. Military Leave. Bone Marrow Donation Leave. A regular or probationary full~rime or temporary Military leaves of absence withar without pay shall be granted as provided in Minnesota and United employee who avetages 20 or more hours per ~ek S~[es Statutes. who seeks to undergo a med.ical proçedure to dona.te bone marrow will be granted up to 40 hours of paid Section Xl( leave. The City may requiIe verification by a MISCELLANEOUS BENEFITS physician of the purpose and length of each l<:ave requested. Section 15.1. Section 13.24. Group Insurance. Return to Work. A group insurance:: contract providing health, dental When an èmployec: requests to return to vyork after and life insurance benefits for probationaxy ;nd . an illncs.s or injury. pregnanc;y; delivery, and regular full-time employees and their dependents shall postpartUm recuperation, including a workers' be nuintained. All probationary c:mployeesare; compensation injury or any orner mc:dica1leavc of eligible to enroll in the group insurance program with absence, the City niay œquire a return to work the City;, however, their covc:r~e will not commence statement from the employ¢e's physician. The until the initial thirty days of service is completed statement shall contain any limitations andJ or subject to the terms and conditions of the City's restrictions that may apply to'th¢ employee contracts with its insuran« carriers. Th(: City shall performing the normal work duties of the employee's pay the full COSt, or fraCtion thereof, of an digible job. cmployee's coverage as aurhorÏ2'.ed by the City The City may require the employee co be examined Council. The City sha.ll pay me full cost, or fraction by theCio/'$ designated physician, at City expense, mereof, of the eligible dc::p<:ndenrs' coverage if the dependents are enrolled as a.ut:horized by the City prior to the employee returning to work. Council. Section 13.25. Section'15.2. Severe Weather Conditions. Tuition Aid ReimbuJ'Sement. When severe wea.tht;r conditions prohibit an The City encourages its employees co, improve job employee from reponing for tht; employee's normal performance in their prcS(;ntp9Sitions and to prepare work shift. a non-exemp[ employee shall be paid only for advancement with the City through self· for those hourS actually worked. Absences due to dtvtlopment. TOW3tds this end. the City may shaIe weather conditions ma.y be charged to accrut:d the COSt ofeduc;ation which directly rdates to the . vacation. persona1lcave or com~n$á[ory time or the 22 I ! performance of the employee iri, the employœ's representative 'prior to the commenœmmt of such present ~ssignmçnt orwhichp~ares the employee course(s). . .... ....,.... for ad~ncement with eM City in the fo~ble Reimbursement for $peciñc COUI'$e$ ,sb21l be limited to future. The City may teimbu~ eligible regWlU'full- ;ctual tuition paid Or to the tUition th2t would be [ime ~ployta upon presentation aftheir, final paid for a similar couøc:takcn jn a comparable gnd~ r=rdanœvñ~ ~e tnomng ~~ dcpmment of a, Imdgrant collegeluni~ity such as G deof'j\".... ..1100% oftuidon the Univenity of Minnesota, whichever is 1(;$$. f G de of "B".' ........ .)1000/0 o£tuition Seaion 15.3. G eo£..C.....,.. .iJOO%oftuition Health Oub Reimbursement. G d<: of"D" .. .. . . . . .I. . 0% of tuition The City encourages employees to maintain personal G eof"F" ....,.. .1..O%ottuicion health and fitness. The City shalfreimburse, a I prob::u:ionary or. regular fuU,.time employee who Those urses having a pass/WI system: O~ . b ", £; L. .'.. .,. obtains a regular mcmbc1Wp at a health and fitn~ 1 r 0 ream urscm¡:nt OJ;, passmg . facility.. The Human Resourœ$ Director shall have the ! sole discretionto determine the &ci1ity(ies) eligible ° reimbursement for ".&il". InÙ1'l:'~andig¡ble ~pÎoyoe~ ..~ for me membership rdmbI.1I'$e.ment. The maxilDum amount ,of the mcmbc:tthip reimbursement shall be of "in mþlere, no refund will be forthc;;oml.ng until determined by the Qty Council. Theamounr of me · ~ is ..n¡ed.When 1)1< ""i<1Î$Î",~_ reimbursement shall notcxx:eed the: c:ost of the work' completed and ~ £ìnal grade is ÎS$ued, the membership. emplo e shall be rc:imbursed fn aCOJrc:Lance with. the above !cbedule.1 Sectùm·15.4. The rc: mbursement shall be: pkid only for. tuition, Automobile Allowance . assod3ited administratiVl:: fees. land boob r¢qumd for The City M:mager shall dcœrminc positions eligible appr01ed, accredited courses. Thdnstitution offering for an automobile aUOW1Ulœ.The City Manager may the ~F" must be acc."u...¡ prio, to the grant an automobile allowanc;eto :any Such position ouoll.cm of the inw~duoJ £0, ~t"'4~ ",.be in an amount not to exceed the maximum allowance eligibl for tuition reimbursedtent. authorized by the City Council. I a. CJiJ.arges for supplies, stud~ntun¡C)n membership. $tident health øverage,a~tivity.tic;ket, or other SectÙm 15.5. ~arges forwhicluhe smd¢nt receives somdtcm Survi!ÎJ1g Spouse and Dependent Insurance or .scrvice otnenhan acwf inst~ction will not be Benefit p:ud. ! .' b·t Cio/=r reùnb_~M~o.J. £o,.deçœd When a regular Or probacionaryemplo)'tc dies, the: surviving spouse: and eligible dependents shall be jo -related, non accredìte~ courses at its sole permitted ,[0 continue health and dental insuranc~ . I o ao~ ,~ cO\fcrage mt0\1-gh the Citis ,carriers for a period of No Jployees may rc:~îve ~istance fl'Omo¢er, two yeàIS from the datcof the death of an emplo~. $Ourcds and receive tuition aid reimbursement from Thç full COSt of the pœmiumshall be påid by the CitY J . ' " ' ~ the J'Y (Or the same _roes tilin. ronherwo yarperiod. When the tWo year period is Nó~ mbursemcnt>villbeJ¡eunþapp~ for completed, the spouse and eligible dependents may the rlcuiar course(s) at a Wclcular accrc:ditc:d continue health and dencil illSUIànce through the schoof. is given by the: depu'~ent supervisor or the City's carriers according to appHç¡blê $t2tc: law. $upe,,' t'S designated represfntatM: and th<: Human Reso rces.Direa:or or his or ~ designated , . ! 23 , , I I ADMINISTRATIVE POLICY, No. 2 EFFECTIVE DATE; August 7, 1995 . Tuition Assistance Purpose: , . The League of Minnesota Cities encourages the continued education ~nd professional development of its staff byassistinq employees with certain tuition expanses. This pOlicy establishes the criteria and procedures that will be used to ,approve requests for tuition assistance. pOlicy: The League will. assist staff in paying for costs related to education provided that participation is approved in advance under the following criteria and procedures: 1. The employee requesting tuition assistance has been a permanent League employee of good standing for at least one year. 2. The sUbject matter of the coursework is directly job-related and relevant to the performance of the employee's work responsibiliti~s. Responsibilities outlined in the job description summary, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the . requesteã is job-related. Courses taken by an employee in order to maintain licensing or other professional accreditation will not be eligible for assistance unless the sUbjeot matter relates directly to the employee's ãuties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment with the League. The Executive Director or his/her designee is responsible for determining job-relatedness and approving or disapproving tuition assistance. 3. The request for tuition assistance is submitted in writing to the department director or his/her designee, on the "Request. for Tuition Assistance Form." Such requests should include the total dollar amount requested for assista.nce, and a statement of h01.litheeducation or training is related to the performance of the employee's work responsibility with the League. 4. The coursework is taken at an accredited institution of higher education. 5. An invoice for tuition is sUbmitted to Finance for payment. The League will make payment directly to the ,educational institution. Tuition assistance is not available for the cost .'of books, supplies or equipment. Following course . completion, the employee must submit verification ot a . . . passing grade ("C" or better or "Pass" in a pass/Fail grading system). The employee must reimburse the League for any course ~n which he/she did not receive a "e" or better or did not receive a "Pass" fora Pass/Fail course. i 6. Coursework is scheduled in such a way as to avoid conflict I with the normal workday schedule. 7. Assistance loes not exceed $1,000 per employee per fiscal I ' year. I I I 8. Tuition assistance constitutes a loan to the employee for 'up to 6 months 1 after payment. The employee signs a loan , agreement indicating his/her liability for repayment of all tuition ass!istance received under this policy in the preceding ~ix month period, should he/she le~ve the League's employ or f'ail to receive a "C" or better or a "Pass" for a Pass/Fail ~ourse. I , ! 8/ 5 i I , , I . i , ¡ ! , I ! " I I , , . . LEAGUE OF MINNESOTA CITIBS REQUBST FOR TUITION ASSISTANCE . NAME DATE JOB TITLE DEPARTMENT COURSE TITLE ACADEMIC INSTITUTION ADDRESS DATES OF ENROLLMENT IN COURSE REQUESTED AMOUNT OF ASSISTANCE DESCRIBE THE COURSE DESCRIBE HOW THIS COtm,SEWORK IS RELATED TO YOUR POSITION WITH THE . LEAGUE OF MINNESOTA CITIES Employee Signature Date Approved: Department Director/Date Executive Directo~/Date Funding Source/Budget category Distribution: Employee's Personnel File (original) Finance Employee Supervisor 8/95 . . " . LDGUÐ.Oi'·K~NHÐSOTA CITIBS ~UI'lIOH ABSISTANCIL AGRBBHlIrl' I I ! The League's pa~ent.of my tuition costs is a forqivable loan, trøVi<1ed that: Ii: . '. attain at [least a "Ctt.or better, (or a passing grade for 1 a pass/Pa~t C:O)1rse)'. and I "......in an!...ptoyeeOf .tlle ~a9Ueforatl""st six months following the League's payment of my,tuition. In the event that; I do not receive at least a "C" or better or a I' " , ' , passinq qrade for a,pass/Failcourse, :r will repay the League of tlnnasota cities tor the total amount of tuiUon received. .. f 1: terminatelmyemploymentwith the League and :r have received ~Uition payment tor educational expen.~s during thapreceding six onthperiod, ~ will repay the League of Minnesota Cities for, ~e fotal amount of tuition received during the previous siK1Uonths. Unless otherwise mutually agreed to, the terms of repayment shall be,25% of.my disposable earnings each pay period 'with repayment , of the ,full amount to be made within no more than six months of . verifying the grade raceived tor my course or my termination of employment with the League. I ¡ I , Employee's s1gnature I I Date I I I 8195 ! I I I , I . ¡, I , I I TOTAL p.æ "'., ,. " ." . . . -~ " .. 0 INANCE 52: ZONING ORDINANCE. 1 Section 52.1: 'TITLE AND CONTENTS. Subd. 1: Purpose. This. Ordinance establishes regulations for the creation of zones for the purE"e of management bf land use an<l for requiring permits for uses therein. This Or<lirumce defi .es certain rules and idefines terms,used; outlines administrative procedures, and makes pro . sion for violation of this Ordinance. This Ordinance identifies districts and allowable uses; proyides for accessory and conditional uses; lot, yard, area and height requirements. It replaces existing Ordinances or parts of Ordinances inconsistent herewith. This ordinance shall be known as "THE ZONING ORDINANCE OF THE CITY , OF ST. JOSEPH! STEARNS COUNTY, STATE OF MINNESOTA," and will be referred to therei~ as "this Ordinance." Subd. 2: Contents. . Page TIItE AND CONTENTS .... ..... ........................ :t:::::'=ATIO~, INfE!tPRET~TI~N . . . . . . . . . . . . I AN1D SEP ARABll..ITY I . . . . . . " . . . .. ........................ I · · . " ' ' RlJjES AND DEFINITIONS . .............................. ::r:::::!+:::ANDPEN~TŒS. . ... · . . . ... .. . . . V AIUANCE AND BOARD OF APPEALS AND ADJUSTl\1ENTS ... \ .' :1IAL USE , ,-. , ,. -,. . ,-, . . NDl\1ENTSAND , . . '-' , , , . , . . ,-, .-, FEE~AND . APP , ALS, VARITANCES ... '" NON-CONFORMING USES ................................. · PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD) ....... GENERAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT PROVISIONS . . '.' . . . . . . . . . . .·0. . . . . ,.. . . . . . . . . . . . . . . . . . . . . . A - AGRICULTURAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-1 SINGLE FAMILY RESIDENCE DISTRICT .......,...... .'.... R-2 TWO FAMILY RESIDENCE DISTRICT. . . . . . . . . . . . . . . . . . . . R-3 MULTIPLE FAMILY RESIDENCE DISTRICT ............... R-M MOBILE HOME RESIDENCE DISTRICT ........... .. . . . . . B-1 GENERAL BUSINESS DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . B-2 HIGHWAY 75 BUSINESS DISTRICT ...................... · I INDUSTRIAL DISTRICT . .......... . . . . . . . . . . . . . . . . . . . . . E E EDUCATIONAL - ECCLESIASTICAL DISTRICT ............ Section 52.2: PURPOSE AND INTENT. This Ordinance is enacted for the following purposes: Subd. 1: To promote and protect the general public health, safety, morals, comfort and general welfare, of the inhabitants of the City ofS1. Joseph, Minnesota. Subd. 2: To provide adequate light, air, privacy and safety of transportation and access to property. Subd.3: To prevent the overcrowding of land and undue concentration of population. Subd. 4: To promote the proper use ofland and structures to determine the proper spacing of buildings. · 2 I I 1 , i . Subd.5: To divid~ the City into zones or districts as to the use,location, construction, reco structioI1,. alteration and use of land and structures for residents, business and industrial purp ses. , i Subd. 6: To proJote the, character and preserve and enhance the stability of properties and a eas within the City. Subd, 7: To fix re¡:tsonable standards to which buildings, structures and land shall,conform for the benefit of all. i , I Subd. 8: To prohiþitthe use of buildings, structures and lands that are incompatible with the in ended use or develdpment of lands within the, specified zones. Subd. 9: . Tolimit longestion in the public streets and protect the public health and welfare by pr viding for the off-st}eet parking of vehicles and vehicle loading areas. , i . , , Subd.q 10: To prot~ct against fire, explosion, noxious fumes, pollution .of the environment and 0 her hazards in the interest of the public health, comfort and general welfare. , Subd. 11: To defin1eandlimitthe powers and duties of the administrative officers and bodie provided for hereinl. 1 . Subd. 12: To promote and preserve open areas, corridors and wetlands. I, i Section 52.3: JUIUSDICTION. APPLICATION, INTERPRETATION AND SEP ILITY. ¡ '.::'.." I Subd. 1: Jurisdictibn. Thejurisdiction of this Ordinance shalL apply within the Corporate limits of the City and the uþincorporated area within two (2) miles of its limits; provided that wherel a municipality lies l~ss thanfour (4) miles ITom the limits ofSt.Joseph, these regulations shall ~pply only to a line equally distant ITom St. Joseph and said , municipality; and provided further, that the governing(body of unincorporated areas adjacent to the City have not adopted Or<linrCeS for the regulatiQn of zoning. Sub<l. 2: APPlicati~nan<l Interpretation.. In their. application and interpretation, the provis~ns of this Ordinanqe shall beheld to be the minimum r~quirements for the promotion of the pu lie health, safety anp welfare. a) Where the conditions imposed by any provision of this ,Ordinance are either more or less restr~ctive than comparable conditions imposed by any law, Ordinance, Minnesota Statute, resolution, or regulation of any kind, the regulations which are more restri~tive or which impose higher standards or requirements shall prevail. I I . , 3 I I I 1 b) No structure shall be erected, converted, enlarged, reconstructed or altered · without first obtaining a building permit, and no structure or land shall be used for any purpose nor in any manner which is riot in conformity with the provisions of this Ordinance. c) Except'as herein provided no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this Ordinance. d) This Ordinance is notintended to abrogate any easement, covenant, or any other private agreement provided ,that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. e) No structure shall be moved onto any property without first obtaining a building permit from the Building Official. Subd., 3: Separability. If any court of competent jurisdiction shall judge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. If any court of competent jurisdiction shall judge · invalid the application of any provision of this Ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Section 52.4: RULES AND DEFINITIONS. For purposes of this Ordinance words used in the singular number include the plural, and the plural the singular. The present tense includes the past and future tenses and the future the present; the word "shall" is mandatory, the word "may" is permissive; all measured distances shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the text of this Ordinance its meaning shall be construed as set forth in such definition thereof. For the purpose of this Ordinance, certain words and terms are herein defined as follows: Subd. 1: AccessoryBui1din~. A subordinate building or structure on the same lot or attached to the main building, occupied by or devoted exclusively to an accessory use. Subd.2: Accessorv Use. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises. Subd. 3: Adult Entertainment Establishment. A commercial operation or establishment which provides adult sexual entertainment, specifically including but not necessarily limited to an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a · 4 ¡ I . s~xu I encounter estabIisLent as those terms are specificá11y defined in· Section 52. 13, SuM 19 of t s Ordinance. " I " ¡ Subd. 4: Alley. Apµblicright-of-way usually twenty feetorlessinwìdthwhich normally affor, sa secondary means of vehicular access to abutting property. I Subd. 5: ApartmJnt.' A roomor suite ()froomslocated in one or two-family structure or a mu tiple dwelling, which shalliriclude a bath and kitchen accommodations intended or designed for u e as an independent lresidence by a single family or individual. I I I Subd.6: Apartm~ntBuilding. A multiple family dwelling originally designed and const cted,to accommodate three or more apartments, designed with more than one dwelling unit donnecting to a coronion corridor or entrance way, in contrast to single or two-family dwell ngs converted for rriultiplefamily use or attached row dwelling (party wall type) as defined herei i . I I Subd. 7: Automobile Wrecking orJunkyard. A place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually; buying or selling at ret· il or wholesale any old, used or second-hand material. of any kind, including used motor vehicl1es, machinery, and/6r parts thereof: cloth, rugs, clothing, paper, rubbish, bottles, rubber, . iron 1r other metals or articles whichftom its.wom condition render it practically useless forthe purpose for, which it was zhade and which is commonly classed asjunlc This shall include aJot or yard £or the, keeping of unÜcensed motor vehicles or the remains thereof for the purpose of dism~t1ing, sale of parts, ~ale as scrap, storage or abandonment. This shall not prohibitthe keeping of one unlicensed ]motor vehicle within a garage or other structure in residential districts or tW? unlicensed motor v~hicles not including farm implements within a farm inthe agricultural district. i Subd" 8. Basementcellar: A story having part but not more !!ian one-half its height above the average leveLofithe adjoining finished grade. i Subd. 9: Bed and Breakfast. An owner,occupied single family residence that.provides overnight accommodation~ to a limited number of visitors for a charge, not to exceed a stay of seven I onsecutive nights. I I Subd. 10: Boardin~ House or Rooming HouSe. See LodgingHouse. Sub<l. 11. BUildiriJ. Any stl'Ucture, eithertemporary orperr¡¡anenthavin¡¡a roor,ånd used o[ built for the shelte~ or enclosure of any person, animal or chattel or property of any kind. When separated by bearing walls without openings, each portion so separated shall be considered a sepa \ ate building. '. . 5 Subd. 12: Buildable 'Area. That part of the lot remaining after required yards have been . provided. Subd. 13: Building Principal. A building or structure in which is conducted the main or principal use of the lot on which said building or structure is situated. Subd. 14: Building Height. The vertical distance measured rrom the average ground level adjoining the building to the highest point on the roof surface if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Subd. 15: Building Setback Line. The ftont line of the building or the legally. established line which determines the location of the building with respect to the right-of-way line. Subd. 16: . Carport. A structure having a roof supported by columns but not otherwise enclosed and which is permanently attached to a dwelling. Subd. 17: District. Asection of the City of St.Joseph for which the regulations governing the use of buildings and premises, the height, of buildings, the size of yards, the intensity of use are uniform. Subd. 18: Dwelling. A building or portion thereof,· designed exclusively for a residential . occupancy, including one family, two family and multiple family dwellings but not including hotels, motels and boarding house. Subd. 19: Dwelling - Multiple. A building used or intended to be used as a dwelling by three or more families, where each dwelling unit is divided by wall extending the full height of the ceiling. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independently serviceable. Subd.20: Dwelling- Single Family. A dwelling ,occupied by only one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. Subd. 21: Dwelling- Two Family. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families. Subd. 22: Family. a) A family is any number of persons living together in a room or.rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any . 6 ¡ I . group ofth{ee persons not so related but inhabiting a single house shall, for the purposeso~this Ordinance, be considered to constitute one family. b) With respe2t to any property validly licensed as a rental unit pursuant to Section 55.11 ofthJ St. Joseph Code of Ordinances, as of October 15, 1990, the definition of "family" }vhich existed prior to October 15, 1990, shall continue to apply. This prior definition had defined "family" as up to five. unrelated pers~ms. The application of this prior definition to existing rental units shall be construed as a non-conforrhing use as limited by Section 52.11 of the St. Joseph Code of Ordinances land shall'be transferable. A lapse or revocation of the rental license for any such pr6perty shall be considered as a discontinuance of a non-conforming use and the property will thereinafter be required to conform with the' definition of "family" asset forth in paragraph (a) above. I i Subd. 23: ,Farm. An area which is used for the growing of the usual farm products, such as vegetables, ffuit, trees, ind grain and their storage. Subd. 24: Farmers' I Market. Area used for the sale of produce groWn by local and regional producers. I , I Subd. 25' Frontage. All the property on one side of a street between two intersecting . streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the propert~ abutting on one side between an intersecting street and the dead end of the treet. I I I , Subd.26: Garage, Private. An accessory building designed or used for the storage of not more t anthreepower-dri~en vehicles owned and used by the occupants of the building to which it is ac essory. i . , Subd. 27: Garage, Public. , Anypremises, except those described as a, private garage, used for the storage or care of power driven vehicles or where any such vehicles are equipped for operat on, repaired or kept Ifor remuneration, hire ,or sale. Subd" 28: GaSOlinel Service Statinn" A buil<lingor structuredesigne<l or used for the retail s Ie or supply offuels, lubricants, air, water and other operating commodities for motor vehicld¡s, and including the ?ustomary space and facilities for the installation of such commodities on orir such vehicles, but ~ot including special facilities for the painting, major repair or similar serviCi¡g thereofi I Subd.29:Grade, Street. The elevation of the established street in front ofthe building measu ed at the center of súch front. Where no such street grade has been established, the City Engineer shall establishsuc~ Street .gnide or its equivalent forthe purpose of trnsOr<linånce. . 7 I I I Subd. 30: Home Occupation. Any gainful occupation engaged in by the occupants of a .. dwelling at or from the dwelling when carried on within thed\lv'elling unit and not in an accessory building. Permissible home occupations shall not include the conducting of a retail business other than by mail; a manufacturing business or creating and/or operating a rental dwelling in violation of the restrictions or requirements of this Ordinance or the Housing Maintenance'and Occupancy, Ordinance. Employees Allowed. A home occupation shall be limited to one person plus one assistant who mayor may not reside in the dwelling. Building Alterations and Signs Allowed., ' Such home occupation shall not require internal or externaLmajor alterations or involve construction features not customarily found in residential. dwellings. ,The entrance to the space devoted to such occupations shall be within the dwelling. There shall be no exterior display, no exterior signs 'except as allowed.in the sign regulations for the zoning district in which the home occupation is located; there shall,be no exterior storage of equipment or materials used in the home occupation. . Pe.rmissible home occupations include but are not limited to the following: art studios, beauty shops, dressmaking, special offices of a clergyman, lawyer, physician, dentist, architect, engineer, accountant, or real estate agent or appraiser, when located in a dwelling occupied by the same; and teaching with musical instruments, dancing and other instruction limited to one pupil at a time. . Subd. 31: Hotel. A building in which lodging is provided and offered to the public for compensation, and. which is' open to transient guests in contradistinction toa boardinghouse or lodging house. Subd.32: Institution. Abuilding occupied by a non-profit corporation or a non-profit establishment for public use. Subd.33: Lodge. A building operated by a fraternal or veteran's organizationthatis qualified as tax exempt under the Internal'Revenue Code,. operated for the use of members and guests while in the company'of a member. Subd.34:LodgingHouseDormitories. Fraternities al1dSororitv Houses. Abuilding or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement. for definite periods, for compensation, for three or more individuals, not. open to transient guests, in contradistinction to hotels open to transients. Lodging houses" dormitories, fraternities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3, multiple dwelling districts, except within the boundaries of a college campus. Subd.35: Lot. A parcel ofland occupied or intended for occupancy by a use permittedin this Ordinance, including one main building together with its accessory buildings, the open spaces . 8 I I \ . \ and parking spaces requIred by this Ordinance, and having its prìncipal frontage upon a street or upo anofficiallyappro~ed place. I I . Subd. '36: Lot Al-ea. The, square,footage containedwithina particular parcel ofreal pro erty! Subd.37: Lot Buildable. A buìldablelot is that square footage required by this zoning ordlrce for a particular zone. \ Sub<l" 3 8 : ,Lot< ebme" A lot situated at the intersection oftwo streets, the interior angle ofsIh intersection not e~ceedingJ35 degrees .. Sub<!. 39: Lot. eLerage" The part or percentage of the Jot9ccupied bji buildings or struc ures, including acceSsory building structures. I Subd. 40: Lot D~pth. The mean horizontaldistance between the front and rear lot lines. Subd. 41: Lot Double Frontage. A lot having a frontage on two non-inte~secting streets, as di tinguishedfrom a cqmer lot. I . Subd. 42: Lot Frdntage. Thefrontofa lot shall be for. purposes of complying with this or<lilartce,that boun<lary~butting a public right-of-way having the le!lSt width, .... Subd.43: Lot l.inl A proPer!}> line of any lot held in single Dr separat~ oWnership; except that where any po~ion of the, lot extends into the abutting street or alley, the lot line shall be de medto be thestreet¡ or alley right-of-way. I _ Subd. 44: Lot of Record. A lot which was part of a subdivision, the map of which has been ecorded inthe offic~ of the Steams County Recorder.or alot described by metes and bouns, the deed to whìch I has· been recorded, in the Office of the' Steams ,COllt1~y Recorder prior to the effectivedateofthi~ Ordinance. Subd. 45: Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot and depthlat the established front building line. I Subd. 46: ManufaduredHome. A structure, transportable in one or more sections, which in the raveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected orl site, is three hundred twenty (320) or more square feet, and which is buildt n a permanentJoundation when connected to the required utilities, and includesthe Plu~t, heatmg, mr cond¡ttiomnganpelocU1cal systems. contmne<ltherem,. except. thatthe tebn~ inc1ud s any structure which meets all the requirements with respect to which the manufacturer volunt rily files a certificatibn required by the secretary and complies with the standards . \ I i 9 I ! , I I \ I I established under this Ordinance and which meets the Manufactured Home Builders Code'as · defined in Minnesota Statutes § 327.32; Subd. 3. Subd.47: Mobile Home. The yvords "mobile home" shall mean a transportable, human dwelling unit suitable for year~round occupancy and containing the same water supply, waste disposal and electrical conveniences as in mobile housing and subject to tax or registration as such under the provisions of Minnesota Statutes, and having no foundation other than wheels, jacks or skirtings. The term Mobile Home shall include the words "trailer", "house trailer" and "trailer coach" ; Subd. 48: Mobile Home Park. Any site, lot, field or tract ofland upon which two (2) or more occupied mobile homes or manufactured homes, or combinations thereof, are located. Subd.49: Motel. See Hotel. Subd. 50: Non~Conforming Use. A use lawfully in' existence on the effective date of the Ordinance but not conforming to the règulations for the district in which it is located. ' Subd. 51: Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually; buying or selling at retail or wholesale any old, used or second~hand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, · rubbish, bottles, rubber, iron or other metals or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit ,the keeping of one unlicensed motor vehicle within a garage or other structure in residential districts or two unlicensed motor vehicles not including farm implements within a farm in the agricultural. Subd. 52: Parking Space. A durably surfaced area enclosed in the main building, in an accessory building or unenclosed, comprising an area of not less than 171 square feet, exclusive of a durably surfaced drive~way connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. Subd. 53' Patio Home. A single family attached or detached unit and structure constructed on a relatively small parcel of property consisting of a one level living area. Subd. 54: Permitted Use. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and performance standards (if any) of such district. Subd. 55: Person. Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, · 10 I . h ,I . . d b I Wh h ' d " ',I' 'd' receiver or ot errepresentatlve appomte yaw., en ever t e wor person IS use many . sectiof prescribing a p~alr?r fÌ11e, it shallinc\u<le partners, associates, or members of a corpo atIOn, who are respqnslble for the vIOlatIOn. I Subd.56: Rooming House. See LodgingHouse. , Subd. 57: SetbacklLine. The mean horizontal distance between the front street, right-I f-way line and the ft¡ont liIle of the building or the allowable building line as defined by the front yard regulations of tHis Ordinance. 1 ~ub<l"S 8: SigitJ name,i<lentification, <lescription, <lisplay, illustrationor <leviœ which is affixe I to or represented directly or indirectly upon a. building, structure or land in view of the gener I public andwhich <lirects attention to a pro<luct, place, activity, person, institution or bUSinJdSS. · '¡ , Subd. 59: Special Use.. A use, whichbecause of unique characteristics, cannot be classle<l as a permitted us!' in a particular <listrict. ~pecial usepennits maybe graµted in accor ance withSection.52.9. ! Subd. 60: Stable. A building accommodating one or more horses. Subd. 61: 'Story; Tþat portion of a building other than a basementlcellar, including betwe ,nthe surface of any I floor and the surface of the floor next above it or if there be no floor . above it, then the space between the floor and a ceiling next above it. I Subd. 62: Story - Half. A space under a sloping . roof which has the line of intersection of roof decking and ,wall face 'not more than three feet. above the top floor level' and in which space not mfre than 60%of the ~oor area is finished off for use. A half-story may bç used for occup ncy onlyjn conjunction with and by occupancy of the floor immediately below. , I I I Subd. 63: Street. ~l property dedicated or intended for public street, highway, freeway or roa -waypurposesand!mbject to public easements therefor. ! I Subd. 64: Structur~.Anythingconstructed or erected, the use of which requires permapent location on the ground or attached to something having a permanent location ,on the ground, including but .without limiting the generality of the foregoing advertising signs, billboards, backstbps for tennis courts I andpetgolas. I I Subd. 65: Structur~l Alterations. Any change in the supporting members of a building such a bearing wallsorpaftitions, columns, beams or girders or any substantialchangein the roof 0 exterior walls. I Subd. 66:T ownhoLse and Condominium Single family attached units and structures housin three or more dwelling units contiguous to each other only by the share of one common . wall b tween each unit. ¡ , , i 11 I 1 Subd;67:> Use. The purpose for which land or buildings thereon are designed, arranged or intended to be occupied or used, or for Which they are occupied or maintained. . Subd. 68: Variance. Thewaiving of specific literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. A change ih the allowable use within a district shall not be considered a variance. Subd. 69: Yard., An open space OJ:} the same lot.withabuilding, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, In measuring, a yard for, the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean and horizontal distance between the lot line and the main building shall be used. Subd.70: Yard. Front. Ayard extending across the front of the lot between the side lot lines apd lying between the front line of a lot, and the nearest line of the building. Subd.7L Yard. Rear, A yard extending across the full width of a lot and lying between the rear line of a lot and the nearest line of the building. Subd. 72: Yard. Side. A yard between the side line of the lot and the nearest line of the building and extending from the front line of a lot to the rear yard. Section 52.5: ENFORCEMENTMOtATIONSANDPENALTIES. . Subd. 1: Enforcement., This Ordinance shall be enforced by the City Council. The City Clerk may institute in the name of the City of St. Joseph any appropriate action or proceedings against a violator as provided by law. Subd. 2: Violations and Penalties. Any person who shall violate any of the provisions hereof or who shall fail to comply with any ofthe provisions hereto orwho shall make any false statement in any document required tobesubmitted, underthe, provisions hereof, shall be guilty of' a misdemeanor, and each day that a violation is permitted to exist shall constitute a separate offense. Section52.6BUll.-DINGPERMITS REQUIRED. No person shall erect, alter, wreck, or move any building or part thereof within the City of St. Joseph, without first securing ,a building . permit. An application for a building permit shall be accompanied by a plan showing the dimensions of the lot tobe built, upon, the size and . location of the building upon the. lot and any accessory buildings to be . erected, the use. to which the intended building is to be put" and the estimated cost thereof. " If the proposed building complies with the Minnesota· State Building Code and the regulations adopted by the State of Minnesota as well as all of the ordinances of the City of St. Joseph, the City Building Inspector shall issue a permit therefor conditioned upon the applicants compliance with all of the State, Laws and City Ordinances. ' All permits shall be, co- . signed by the City Clerk and all additional permits necèssary shall be obtained atthis time. A 12 , , , permi shall be obtained foi the construction or reconstruction of an Accessory Building as ' , .,. I' ,',' ',', . defined in Ordinance 52.4 Subd: 1. I BUILl)~G.PEJmS SHALL N(lT BEREQUIRJ']n.ifth~.workt¡' beperfonned is limitef tothe following: reþlacement of windows, repair or replacement of interior or exterior doors, shingling or re-shingling ofa roof, siding or residing, or interior remodeling not involving the re I oval or relocation of an interior walL I , , Section 52.7: BOARD OF APPEALS AND ADJUSTMENTS. Subø LBoar<!CrJateð. Thereis hereby create<l aBoar<l of ApPeals an<l A<ljustments consis~ng of the. CityPlanning Commission. The members of said Board shall serve for periods comm nsurate with their r6spective terms of office as members of the City Planning Commission. The C ty Council shall appÖint a Secretary oftheBoard. ¡ , , " , i Subd.2: Procedure. Four (4) members of the Board constitute a quorum and a majority . of allte members of the B:oar<l is necessary for any derision ofth~ Boar<lThe ChIDrman of the Planni' g Commission shall ¡be the Chairman of the Board. Subject to the provisions of this Ordinance, the Board may~doptrules necessary to the. conduct of its. affairs. The ,Chairman or, in his Jbsence, .the acting CÞ.airman, may administer oaths to witnesses. All meetings shall be opene1 to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board shall . keep rtor<lS. of its. examimitions an<l o.theI' official açtions , I Subd. 3:. Powers arid Duties of Board. The Boardshall have the power and duty of heann and <leci<ling, subject to approval by the Cify Council as herein provided, appeals or requests in the'following,c~ses: ! I a) Appeals where it is alleged that there is an error in any order, requirement, decision, or Idetermination made by an administrative officer in the enforcement of this Ordinan¢e. ¡ b) Requests fo~variancesfrom the literal provisions of this Ordinance.ininstances wheretheir Strictenforcement\Vould cause undue hardship because of circumstanc~s unique to the individual property under consideration. I I No permit shall bei~sued under the provisions of this section unless and until a 'decision of the board, as aforesaid, app~oving the same, is approved and confirmed by the City CounciL In r~port1g itS. declsioritO· the! CIty .councll'. the hoar<l shall. report!ts findings. ~th .respeçtthereto and all facts in connection tþerewith, and shall specifically and fully set forth any adjustment or variant grante<l and the coh<litions <lesignate<lUpon receipt OfsuchreP:rt, the Council either shall b resolution approve knd confirm the decision, whereupon the permit as applied for may be issued, lor shall refuse to. approve and confirm thedecision. In,all cases in which adjustments or . variances are granted underl the provisions of this section, the Board and Council shall require such e idence and guarante~s as it may deem necessary to insure compliance with the conditions design ted in connection th~rewith. I I I 13 Section 52.8: VARIANCES. A variance shall not be granted to allow a use not . permissible under the terms ofthisOrdinanc~ in the district involved. In granting a variance the Board, or the Council in reviewing the Board's decision, may prescribe appropriate conditions in conformity with this Ordinance to protect properties and the health and safety of persons residing or working in the neighborhood. When such conditions are made part of the terms under which the variance is granted, violation of the conditions is a violation of this Ordinance, A variance shall not be granted by the Board, or by the Council upon review, unless they find the following facts: a) That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same,zoning district. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. b) That. the literal interpretation of the provisions of this, Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands in the same district. . d) That the proposed variance will not impair an adequate supply of light and. air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City. e) That the condition or situation of a specific piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or a situation. Subd.1: Procedure. Application for a variance or appeal under the provisions of this section shall be made to the Secretary of the Board of Appeals and Adjustments, in the, form ofa written application, caUed'a Development Review Application. The Development Review Application must be submitted three weeks prior to a variance request. a) The Secretary of the Board of Appeals and Adjustment shall review all Development Review Applications and upon completion of the requirements of the application shall schedule a public hearing. The Secretary shall have ten (10) days to review the application for completeness. Notice of such hearing shall be mailed not less than ten (10) days nor more than thirty (30) days to property owners . 14 ! I i i I 1 . within 350[feet oftheaffected parcel as determined by the City Clerk. Such notice shall'also·.blepublished'in the official newspaper within the above time period. Failure of Jproperty owner to receive said notice shall notinvalidateany such d·l procee mgs. I b) A variance10fthis Zoning Ordinance shall be by two-thirds (2/3) vote of the full Board of A!ppeals and Adjustments. I 1 c) If the Board of Appeals and Adjustments determines that the application be granted, thè Board of Appeals and Adjustments shall make its recommendation to I the City Cduncil within thirty (30) days of such determination. Upon receipt of such reportl the City Council shall either,by resolution approve and confirm the decision, whereuponthe permit as applied for may be issued, or shall refuse to approve and ,confirm the decision. ' If the City, Council acts on an application' granted by the Board of Appeals and Adjustments, the City Council shall make its order decid~ngthematter and serve a copy of such order upon the appellant or the petitioner by mail within ten (10) days after its decision. -¡ d) If the Boarq of Appeals and Adjustments denies the application the Board shall makeits order and serve a copy of such order upon the appellant or petitioner by mail within ten (1 0) days after its, decision. The appellant or petitioner may appeal . the decisio~ of the Board, of Appeals and Adjustments to the City Council by' filing a written request of appeal with the City Clerk ten (1 0) days after receipt of the written de~al from the Board, of Appeals and Adjustments. The City Council shall review the decision of the Board of Appeals and Adjustments within thirty (30) days after ndtice of said appeal. The City Council shall make its order decìding the matter and ~ervea copy of such order upon the appellant or the petitioner by mail within ten (~O) days after its. decision. permit Subd',2: Lapse of Variance. If within one (1) year after granting a variance the work ed is not started sucþ a variance shall become null and void unless a petition for an extens on has been approv~d by the City, Council. ! Section 52.9 :SPEOIAL USE PERMIT. , , 1 Subd. 1: Purpose ahd Scope., The purpose of this Section of the Zoning Ordinance is to providf the Planning Conuriission and City Council with a reasonable degree of discretionin dete ,'ning the suitability qf certain designated uses upon the general welfare and public safety. Special use permits 61ay be issued for any of the following: I I a) Any of the u'ses or purposes for which such permits are required or permitted by . the provisio~s of this Ordinance. i ! 15 i I i I I b) Public utility or public service uses or public building in any district when found to . be necessary for the public health, safety, convenience or welfare. c) To classify as a conforming use any non-conforming institutional use existing in any district at the time qf the establishment of such district. Subd.2: Application. Applications for Special Use Permits and required fees shall be submitted the Secretary of the Planning Commission. The application shall be accompanied by a site plan containing such information as is necessary to show compliance with this Ordinance, including but not limited to: a) Description of site (legal description). b) Site plan drawn at scale showing parcel and building dimensions. c) Location of all buildings and their square footage, and the location of easements. d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. e) Landscaping and screening plans. £) Drainage plan. . g) Sanitary sewer and water plan with estimated use per day. h) Soil type, the location of wetlands as defined by Minnesota Statute § 1036.005, Subd. 19, or absence thereof as verified by a statement from the Steams County Environmental Services Office. i) Any additional written or graphic data reasonably required by the Zoning Administrator or the Planning Commission. Subd. 3: Procedure. The Planning Commission Secretary shall forward said application to the Planning Commission for consideration at their next regular meeting. a) The Planning Commission. Secretary shall review all Development Review Applications and upon verification that the Application is complete and meets the requirements of the Ordinance, the Secretary shall schedule a public hearing. The Secretary shall complete the review process within ten (10) days of receipt of the Application. Notice of such hearing shall be published in accordance with State Law and notice shall be published at least once in the official paper of the City and mailed to individual properties within three hundred fifty (350) feet of the parcel . 16 1 I 1 I I I . I I includedinithe request not less than ten (10) days nor more than thirty (30) days prior to thd date of said hearing. Failure of a prop~rty owner to receive said notice I shall not inyalidate anysuchproceedings. 1 I j b) ThePlannizig Commission shall consider possible adverse effects of the proposed special use iand what additional requirements may,benecessary to reduce any adverse effécts, and shall make a recommendation to the City Council within the guidelines.Js mandated by State Law. I c) The City C6uncil shall actupon the report and recommendationrrom the Planning Commissiohwithin the guidelines as mandated byStateLa\\>. Upon receiving the report and (ecommendation rrom the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use permitshall require passage by k two-thirds (2/3) vote of the full City Council. ! Subd. 4:, Standard~. The Planning Commission shall recommend a special use permit and the C uncil. shall. order the issuanc.e of such permit if the application conforms to., the specific standards set forthbelow, as it would apply to the particular.useatthe proposed location: I a) Willnofbe tletrimental to or endanger the public health, safety, morals, comfort, . convenienc~ or generaL welfare of the neighborhood or the City. i b) Will be h~onious with the general' and' applicable. specific objectives of the comprehens~veplan of the City and this Ordinance. i I c) Will be designed, constructed, operated and maintained so..asto·be harmonious and approprIate in appearance with the existing or intended, character of the general vjcirlity and will not change the essential. character of that area. I i d) Will not be liazardous.or disturbing to existing of future neighboring uses. I e) Will be serv¢d adequately, by essential public. facilities and services, including streets,poliqe and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. ! ¡ I f) Will not cre~te, excessive additional requirements at public cost for public facilities and services jand will not be detrimental to the economic welfare ofthe community. g) WiILnot invqlveuses,activities, processes, materials, equipment and conditions, of operation th~t wilL be. detrimental to any persons, property" or the general welfare because of e~cessive production of traffic, noise, smoke, fumes" glare or odors. I '. i ! i 17 I I j i , I i h) Will have vehicular approaches to the property which are so designed as not to . create traffic congestion or an interference with traffic or surrounding public thoroughfares. i) Will have adequate facilities to provide sufficient off-street parking and loading space to serve the proposed use. D Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. Subd. 5: Denial For Non-Compliance. If the Planning Commission recommends denial of a special use permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. Subd.6: Conditions. In recommending or approving any special use permit, the Planning Commission and the Council' may impose conditions'which are considered necessary to meet the standards of this Ordinance and to protect the best ,interests of the surrounding area or the. City as a whole. Violation of any such condition is a violation of this Ordinance. These conditions may include but are not limited to the following: a) Ingress and egress to property and proposed structures thereon with particular . reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. b) Off-street parking and loading areas where required and the economic effect, noise, glare, or odor of the special use on nearby property. c) Refuse and service areas. d) Utilities with reference to location, availability and compatibility. e) Diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. £) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties .in the district. g) Required yards and, other open space. h) General compatibility with adjacent and other property in the district. .1 18 I I i . i Subd. 7:, Expiratio1n. If substantial construction has not taken, place within One (I) year after he date ofaspeciaI tlsepermit, the permit is void exceptthat,on application, the Council, after ~CeiVing the recomrriendationofthe Planning Commission, may extend the permit for an additi· nal period not to exbeed one (I) year. A special use permit authorizes only the conditional use s~ecified in the permit ¡and expires if, for any.reason, the authorized use ceases for more than I ,i one (I} year. , , ¡ Section 52. 10: .AMEND:MENTS AND REZONING t ' " " " " Subd, 1: GeneraI.IThis Ordinance may be amended by followingthe procedure specified in this section. , Subd.2: Initiation. An amendment may be initiated by the City Council orthePlanning Co . ssion, orby the petition of not less than fifty percent (50%) of the property owners affect d by the proposed amendment and fifty percent (50%) ofthose,property owners within three I undred fifty (350) fJet of the proposed change. An amendment not initiated by the Planni g Commission shaUlbereferred to the Commission for study and report, and the Council . shall not, act on the amendment until it has received the recommendation of the Planning c0clssion o!\lntil sixty (60j <lay~have elapsed rrom the date of reference .of the amen<lment witho t a.report by the Plaprung Commission. . Subd. 3: Action bylPlanning Commission. , Before any amendment is adopted, the P1lg co=smon. shwl ,hol<lat l~t one.m. pubhc he~ng .th~eOn~e! anorice of the hewng has be n published in the official newspaper at least ten (10) days and no more than thirty (30) I "., ' ,", ' , days p . or to the hearing. 'o/hen an amendment involves changes in district boundaries affecting an are offive (5) acresorless, a similar notice shall'be mailed at least ten (10) days and no more than t . rty (30) days beford the day of the hearing to each owner of affected property situated wholly or partly withinthre'e hundred fifty (350) feet of the property to which the amendment relates i I 1 Following theheariÓg the Planning. Commission shall make a report of its findings and, unless f.he amendment' has been initiated by the Commission and the Commission determines not to reca~end it to the CoJncil, it shall file a copy with the CityClerk within fourtee~(14) days of the I eeting at which the!date of the hearing was set. When the amendment has not been initiatetl by the Planning Coimmission, the report, shall, in ariy event, be filed not later than sixty (60)da!ys from the date ofieference of the amendment to the Commission. Failure of the Planni9g Commission so to!report on an amendment not initiated by it is deemed to be approval by the ommission of the amendment. I I Subd. 4: . Action by City Council. Upon the filing of such report, or upon the failure of the PIa ning Commissiontd file such a report within the time prescribed by Section 9.03 on an amend ent proposed by petition or by the Council, the City Council shall hold such public . hearings as.it deems advisa~le. After the conclusion of the hearings, if any, the Council may adopt I 19 \ I the amendment or any part thereof in such form as it deems advisable. The amendment shall be . effective only if two-thirds (2/3) of all members of the Council concur in its passage. Section 52.11: FEES AND CONTENTS OF PETITIONS FOR AMENDMENTS. APPEALS. ADJUSTMENTS. SPECIAL USE PERMITS AND VARIANCES. Subd. 1: Payment Required. Any person filing a petition requesting an amendment, appeal, adjustment, special use permit or variance shall paya fee according to the schedule established by Section 10.02. Subd.2: Amount. Fees payable under this section for an amendment or rezoning, appeal, special use permit, or variance shall be in an amount as established by resolution of the City Council. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees,. and the City officials may require a deposit for these fees prior to the final hearing on the application. Subd. 3: Contents of Petition. The petition shall give the street address of the land as to which the petition is made, contain a legal description thereof, state the mailing address of the . owner, and clearly describe the structure to be built or altered if the petition is granted, or if the petition is for a change in any regulations of this Ordinance, it shall state the change and the reasons therefore. The petition shall also contain any other information which is required by other Sections of this Ordinance. The Planning Commission may require the petitioner to submit a certificate by a registered land surveyor verifying the front,' rear and side-yard setbacks of all buildings and structures situated on or adjacent to the property described in the petition. Section 52.12: NON-CONFORMING USES. Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use of land. Non-conformities are declared by this Ordinance to be incompatible with permitted. uses in the districts in which the non-conformity occurs. A non-conforming'use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or land of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. Subd. 2: Continuation of Non-Conforming Use. The lawful use of a building or structure existing at the time of the adoption ofthis Ordinance may be continued although such use does not conform with the district provisions herein, unless the use ceases for a period of one year. . 20 I i I \ \ i ! ì . Subd.3. Extensi6n or Expansion of Non-conforming Use. Anon-conforming use of a "I. resi ential, commercial or industrial building may not be extended or expanded by adding onto the buH ing. A non-conforniing use of a residential, commercial or industrial land shall not be I enla ged, expanded,incrd¡ased or extended to occupy a greater area than was occupied when the use ecame non-confo~ng, except as specifically provided in Subd.6ofthis section. I Subd. 4: '.,.. Structur~l Change. No existing structure devoted to a non-conforming use shall be e arged,extended, reconstructed, moved, or structurally altered except in changing the use of the s ructure to a confomÌing use. r Subd. 5: Maintentnce. Maintenance. of a building or other structure containing or used for a non-conforming use ¡will be permitted when it includes necessary non-structural repairs ,and incid ntal altera, tions which do not extend or intensify, ,the non-conforming building or use. I ' , Subd. 6: Residential Alterations. Alterations may be made to a residential building containing non-conforming residential units when they wil1'improve the livability and safety of such f.nitsprovided,however"that they do not increase the number of dwelling units in the buildiCK Additions may bé made to non-conforming residential buildings, limited to an increase in the li~'ng area of no more :than 20% oftheexisting main floor square footage. The construction an<l a teration of ¡¡aTages a,n, <l. acce~sorr buil<lings is also pen¡¡itted, as long as the improvements .' confo, with the ZOning,r~, quirements for both the zoned use of the property, and the non.,c10nforming use. :, , Subd. 7: Change of Non-conforming Use. A non-conformingusecannotbe changed to a comþrablenon"wnf?rmi1\g use>VJ¡enever a non"wnforoÍingusehas bee~¡;~ge<l to a conf0rTng use, orto a us~permittedina district of greater restrictions, it ~hall not thereafter be Changrd to a non...conforming use of a less restricted district. 'I .... S¡¡b<l. 8; Restoratibn AfterDestruction. Any non-conforming building or structure dama~ed more than fifty (5P) percent of its theni appraised value; as appraised by anindependent appraifer, exclusiveoffoUI}dations at the time of damage by fire, collapse, explosion or acts of God, ~r public enemy, shalf not be restored or reconstructed and used as before such a happening; but, iftes,S than fifty, (50) pe,r,c,en, t dama, ge,a,bovethe,'£,ou" n,d, ati,on" it,ma"Y beresto, 'red, reconstructed or uS~r as ~efore p.ro~ded ¡that. it is done wit~n twelve (1 t}months ?f ~he happe.ning and that it , be bud~ of lIke or snndar matenals, or the architectural desIgn and bUIldmg matenals are approved by the ¡r:lanning Commissioh. I Subd. 9:Uiscontinuance of Non-conforming Use. If a non-conforming use of a building or land¡". vOluntarilY clisco~tinue<lan<l cease<l for a perio<l of one ye~ or more, subsequeó( use of such bmilding or land' shall conform thereafter to the use permitted in the district in which it is locate . ·,·'1 I . I ,! 21 Subd. 10: Junkyard. No junkyard may continue as anon-conforming use for more than · thirty (30) years after the effective date of this Ordinance, except that a junkyard may continue as a non-conforming use in an industrial district if within that period it is completely enclosed within a building or within a continuous solid fence of not less than eight (8) feet in height or other approved screening which screens completely the operations of the junkyard. Approvalofthe fence or screen design shall be obtained from the Planning Commission. Subd. 11: Outdoor Advertising Structure. No outdoor advertising structure may continue as a non·conforming use for more than three (3) years after the effective date of this Ordinance. Subd. 12: Signs. Signs pertaining to or advertising products sold on the premises of a non-conforming building or use may be continued only when .the non-conforming use is permitted to continue and such signs shall not be expanded in number, area, height, or illumination. New signs not to exceed the maximum allowed under Ordinance 52.14, Subd. 9-11 may be erected only after all other signs existing at the time of the adoption of this Ordinance have been removed. New signs in conformity with the above may have illumination not to exceed 240 watts on one face of the sign, but flashing intermittent or moving illumination is not permitted. Subd. 13: Buildings Under Construction and Building Permits Granted Prior to Adoption of Ordinance. Any proposed structure which will, under this Ordinance, become non-conforming · but for which a building permit has been lawfully granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than 120 days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally non-conforming structure and use. Subd. 14: Non-conforming Lots of Record. Where a lot of record exists within the City which is vacant or built upon, but does not meet the lot requirements of the zone at the effective date of this Ordinance, and the proposed or existing use is a permitted or permitted accessory use for that zone, a building permit may be issued to build a new structure or reconstruct a destroyed structure as outlined in 11.08; provided that yard setback requirements are met. Section 52.13: PLANNED UNIT RESIDENTIAL DEVELOP:MENT CPURD) Subd. 1: Objectives. It is the policy of the City to promote progressive development of land and construction by encouraging Planned Unit Residential Developments (PURDs) to achieve: a) A maximum choice of living environments by allowing a variety .of housing building types and permitting an increased density per acre and a reduction in lot dimensions, yard, building set-backs and area requirements; · 22 I , , I I , , I. , . , b) A more usJful pattern of open space and recreation areas and, if permitted as part of the projJct,more convenience in the location of mixed residential. uses. . c) A developlent pattern which preserves and. utilizes natural features, trees and I other veget:ation,and prevents the disruption of natural drainage patterns. d) Amore effi'cient use ofland anda resulting substantial savings through shorter , utilities and streets; e) A develop!ent patternin harmony with land use density, transportation facilities, and cornmJnity. facilities. objectives of the comprehensive plan. I Subd.2: General ~rocedure. Planned Unit Residential Developments (PURD} sh~ll be prop~rdand approve<! in ~c""nl¡mcewith ills section. The bur<len of justification fOLany plann . d unit residential deyelopment project shall, be the exclusive responsibility ofa developer. The d veloper shall be responsible for providing the information and data required in .this section. In ad ition,. as the plannedlunit residential development is an innovative approach, the developer shall rovide an)' other data or information as. may be required by the Planning Commission or the City ounciL Itis the inte~t of this Ordinance to require subdivision of property according to the St. Jo ephSubdivisionOrdinancesimultaneous with application of the PURD. . Subd. 3:,' Pre-Applìcation Meeting. Before submitting a formal. application for aPURD under 52.1 J. 04, the develop'er shall meet with the Planning Commission. The purpose of this meeti g is to discuss early and informally the purpose and. effect of this. Ordinance and the criteria and stndards contained in\this Ordinanc~andtofamiliarize the developer with the City's Comp ehensivePlan, including the land use plan, the major thoroughfare plan, and the parks and City. .' I . , j Subd.4: Application. An application for approvalofa preliminary plan for a proposed p~sffiùlbe filed WIth tlje Secretary ofthePlamnng c omnússi on by the owner(s) of tide of proper for which the PUWJ is proposed, The Development Review Application shall be accom anied by a filing feel as established ffomtime to .time by City Council resolutions. The applic tion with accompanying statements shall be submitted in the number of copies that are indicated on the Development Review Application, and. shall include: a) A vicinity map. at a scale 'approved by the Planning Commission showing property lines, streets!, easements, existing zoning, and. such other items as the Planning Cornmissio~ may requireto show the relationship of the proposed pURD to the comprehensive plan of the City, to existing schools and other community facilities and services! and to the surrounding area; . ( 23 I I '\ I b) A preliminary plan of the entire area in 'such detail as to shew the land uses being . requested, the densities being proposed where applicable, the system of collector streets and the off-street parking system; c) A written 'statement explaining in detail and with supporting documentation the specifics of the development plan as it relates to the type of dwelling units proposed and the resultant population, the extent and nature of non-residential development and the resulting traffic generated and parking demands created; d) The proposed schedule for the development of a site; e) A statement setting forth the reasons why, in the opinion of the applicant, the PURD will be in the public interest and consistent with the objectives specified for PURD's by Section 52.13. Subd. 5: Action by Planning Commission. Upon receipt of a completed Development Review.Application, the Planning Commission shall hold a public hearing on the proposed PURD following written and published notice as required for amendments of this ordinance. The Planning Commission Secretary shall have ten (10) days to determine the completeness, of the Application. Within thirty (30) days of such hearing, or at a later time agreed to by the applicant, the Planning Commission shall recommend approval or disapproval of the preliminary proposal with'such changes and conditions as it may suggest and shall transmit its recommendation to the . City Council. In its recommendations the Commission shall determine whether the proposed PURD is consistent with the objectives for planned unit residential developments specified in Section 12.01 and with the comprehensive land use plan of the City; whether the proposed development will advance the general welfare of a neighborhood and the City; and whether the benefits, combination of various land uses, if proposed, and the inter-relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PURD's. Subd.6: Action by Council. Upon receipt of the recommendation ofthe Planning Commission, the City Council shall consider the application within thirty (30) days after receipt from the Planning Commission and, after holding such public hearings as it deems necessary, shall approve or. disapprove the application with such changes or conditions" if any, as it may deem appropriate. It. shall include a findings on matters, on which, the Planning Commission is required to make determinations under Section 12.05. The applicant shall pay for the cost of the Public Hearing. Subd. 7: Final Review and Aµproval. An application for review approval of the final development plan shall be filed by the applicant with the Planning Commission within twelve (12) months of the date on which approval of the preliminaryplat was given by the City Council. If application for final approval is not made within the time required, the proposal shall be considered abandoned. An application for final approval may be filed for part of a PURD area for . 24 I , ! , , I ! \ i . which preliminaryapproral hasbeengranted by the City CouI1ciI.AfinaFplan for a part of a P shalF provide the same proportion of open space and the same over-aH dweUing unit den ity as is provide<l in re over -all preliminary plan. Subd. 8: Documentation Required." AfinaLappIicationandits.supporting documentation shal, give the' same, information as is required of plats under the subdivision control ordinance of thel: in additiontosuþhother information as required by this ordinance and by the Planning Co I 'ssion as a condition for approval of the preliminary plan., In addition, the application shaH ¡' be abcompaniedby such bther documentation, such as restrictive covenants, incorporation papers'~ by~IIws of home owners'lassociation, dedications, and other conditions specificaHyrequired by : the 'lanning Commissi01 and the City Council for the particular PURD. Subd. 9: Action on Final Application. Procedure for action by the Planning Commission and he City Council on ~n application for review and approval of the final plan for a PURD shall bet~esame as prescribed, by this article for the action on the preliminary proposal. In giving appr~val, the Council may specify the length of time ""thin which .construction of the project must be begun or complefed, , and it may attach such other conditions as it deems necessary. The final tevelopment plan shaH be in general conformance with the preliminary development plan as appr' ved.' , \ ~ . , I i .', ":'"'' Subd. 10: Uses Permitted. Compatible residential uses may be combined in a PURD if . the p opose<llocation of tþixed resi<lential uses will nöt a<lvetsely affecta<ljacentproperty or the publif health, safety and general welfare. When a PURD proposes a mixture ,of single family dwel iings with multiple dtellings, no more than. twenty (20)' percent of a tract shall be used as multi Ie dweUing development. \ I Subd., 11: Standards. , i a) General. Every PURD shaH conform to the standards prescribed in this section. I i b) Relationshiþ ofPURD Site to Adiacent Areas. The design of a PURD shaH take into accountthe relationship of the site to the surrounding areas...' The perimeter of the PURD khallbe so designed as to minimize undesirable impact ofthePURDon \ adjacent pr~perties and, conversely, to minimize undesirable impact of adjacent land use.and development characteristics on the PURD. c) Minimum Size. A PURD shaH consist of at least twenty (20) acres. i d) MinimumLbt Size. . The minimum lot size requirements of other sections of this ordinance dp not apply to a PURD except that the minimum lot size requirements of the unde~lyingzone shaH serve as a guideline to determine the maximum dwelling unit density of a totaL development The maximum dwelling unit density . shaH be det~rmined by the area remaining after appropriate space for street , 25 I I \ right-of-ways and any other public dedications have been determined and . subtracted from the total PURD area. The City Council may, however, authorize an increase in the number of multiple dwelling units up to the limits set by this paragraph when the site of the multiple dwellings allows traffic to proceed from the multiple dwelling site to an arterial street so as not to create vehicular traffic in a single family or two family dwelling area neighborhood, and when the proposed increase in density meets all the standards under the PURD Section and Section 52.9.4 of this Ordinance. The maximum density for multiple dwellings under the PURD shall be one one-bedroom unit for each 2,500 square feet oflot area, one two-bedroom unit for each 3,000 square feet of lot area, and one three-bedroom unit foreach3,500 square feet oflot area. e) Set-Back and Side Yard Requirements. Notwithstanding other provisions of this Article, every lot in a PURD abutting the perimeter of the PURD shall conform to yard requirements for the underlying district. Side yards between buildings in a PURD shall be not less than ten (10) feet but such buildings may be built without reference to the property lines of the individual lots on which.they are built. t) Access to Public Right-of-way. The site ofa PURD shall abut, and the major internal street or streets serving the PURD shall be connected to, at least one arterial street. g) Utility Requirements. Utilities, including telephone and electrical systems, installed . within a PURD shall be.placed underground. Utility appurtenances which cé .n be effectively screened may be excepted from this requirement if the City finds that such exception will be consistent with the objective of this Article and the character of the proposed PURD. h) Open Space. Common open space shall be either held in common ownership by all owners in thePURD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be lined to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. i) Parking. Off-street parking and loading space shall be provided in each PURD in the same ratios' for types of buildings and uses' as required in the underlying zoning district. Section 52.14: GENERAL REQUIREMENTS Subd. 1: Intent. The intent of this ,section of the , zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. . 26 . I Subd. 2: Parki~g arid Loading Requirements. In all zoning districts, off-street parking faci~ities for the storage bfmotor velùc1es for. the use of occupants, employees and patrons of the builpings or, structures hereafter erected, altered or extended . after the effective date, of tlùs OrdinaJ)ceshall be prov'fe<l an<lmaintained.as herein prescribed. . Subd.3: General Parking Provisions. a) Loa<1htg Jpace shallnotbeconstrned as snpplying off-street Parking space. A regular parking space shall have the minimum dimensions of 9\ by 18'. ,A handicap parking space shall have the minimum dimensions of20'byl5'. ' I i I b) When uni~s or measurement§ used in, determining the number of required parking spaces res~.dt in requirement of a rractional space, any rractioI1 up to' and including one-half (%)shall be disregarded and rractions over one-half (1;2) shall require one I. . . '. . . . . . (l)parkingspace, , I c) Wheneveri;a use requiring off-street parking is increased in,floor area, and such use is located in a building e)ÇÏsting on or before the effective date oHhis Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. . d) For.the pU~OSeOfthiS section, "Floor Area," in the case of offices, merchanclising or service types of uses, shall mean the gross floor area used or intended to be used for sefvices to the public as customers, patrons, clients'or, patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise,. less ten (10) percent. I I e) Off-street Barking facilities for dwelling. shall be provided and located on the same lot or parcel of land as the building they are intended to serve. \ I f) When off-street parking is required, it shall be designated forthat purpose and the individual p!arking stalls appropriately striped. ! g) Where a use is not specifically mentioned, off-street parking requirements ,shall be , the same as for similar use. h) Nothing in this section shall be constructed to prevent collective provisions of off-street parking facilities fortwo (2) or more buildings or uses provided, collectively, \ such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table. I I . 27 i) Nothing in this section shall prevent the extension of, or an addition to a building . or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition. is provided by an enlargement of the existing parking area. Subd. 4: Required Off-Street Parking. The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the ..space so required and shall be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings within the Central Business District of St. Joseph. The amount of required off-street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial or residentiaVrental use shall be determined by the Planning Commission with approval by the City Council prior to thè issuance of a building permit. The amount of parking space required shall be based onthe anticipated demand for parking and loading space, the length of visits generated by the particular business, and the availability of other parking spaces in the Central Business District. The ,Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North ofMìnnesota Street; and lying South of the east/west alley which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 1 1 through 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite of S1. Joseph. . a) Single family, two family. Two (2) spaces per unit. b) Boarding house, rooming house, bed and breakfast and multiple family dwellings (except a two family dwelling). One and one-half(11;2) spaces for each single bedroom dwelling, two and one-half (2 V2) spaces for each two bedroom dwelling, four (4) spaces for each three bedroom dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as two (2) bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall be rounded up to the next highest whole number. c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space for each employee on any shift. d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces ,per each bed. . 28 . f) Medical, chiropractic; dental or hospital out-patient clinics. One (1) space for eac~ one hundred ten (11 0) square feet of net floor area or seven (7) spaces per doctor, whichevJr number of parking spaces is. greater. I I I g) Long Term Care Facilities, Assisted Living Centers,. RestHomes and Retirement Homes. One (1) space for each two (2) beds for which accommodations are' offered arid one (1) for each employee on any shift. h) El<lerly ( lniOI' citizen) housing" One OJ space p."lînit I I , , ' i) Drive-in restaurant and convenience food. Atleast,one (I). parking space foreach thirty-fivel (35)squarefeet of gross floor area, but not less than fifteen (15) spaces. \ I j) Office buildings and professional offices, other than medical, ,chiropractic, dental or hospitaloÙt-patient clinics. One (l}space for each two hundred fifty (250) square I feet of floor area. I k) Bowling alley. At least five (5) parking spaces for each alley, plus additional spaces as rPay be required herein for related uses contained withir1th~principal structure. ! i , . I) AutomotiVe Service Station. At least four(4) off-streetparking spaces plus two (2) .off-strdet parking spaces for each service stall. Those facilities designed for sale of othèr items than strictly automotive products, parts and/or service shall be required ta, provide ,additional parking incompliance with other applicable sections of this Ordtnance. m) Retail storJ and service establishment. At least one (1) off-street parking space for each three hundred (300) square feet of floor area. I I n) Retél.il sales\and service business with fifty (50) percent of gross floor area devoted to storage, warehouses and/or industry. One (1) space for each three hundred (300) squar:e feet devoted to public sales and/or service plus one (1) space for each one thousand (1,000) square feet of storage area or one (I) space for each employeeopthe maximum shiftwhichis appropriate. I 0) Restaurants) and cafes: At least one (I) space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. \ I p) Private clubs serving food and/or drinks. bars, taverns, nightclubs. At least one (1) space for eaþh fifty (50) square feet of gross floor area. I . ¡ I 29 I , I i ! q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces . for each chapel or parlor, plus one (1) parking, space for each funeral vehicle maintained on the premises, r) Manufacturing, fabricating or processing of a product or materiaL warehouse, storage; handling or bulk goods, post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of floor area. s) Car wash. (In addition to required stacking space.) 1. Automatic drive through, servicéd. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self-service. Three (3) spaces per bay for stacking purposes, plus a minimum oftwo (2) additional spaces. Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: a) Adequate ingress and egress shall be provided. . b) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or vanance. c) Whenever such Parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feetrrom said lot line shall be required, and maintained. d) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. e) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. These standards shall not be applicable to parking provided for single family or two family residences, public parks or other publicly owned property. Parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specific . 30 , \ i i , \ " . . in~ustrial use. In considering a request forvariance or modification, the City shall, consider the lo~on. oftheproperty¡size..Ofth~.. p~rkJngarea, us~ .Of .ilieparkJng area, ..adjacent. property uses an · the Impact on the general well bemg of the commuruty., AlternatIve surfaces which may be pe . tted in an industrial area are limited to Class 2 crushed granite which conforms to the , requirements of MNIDQT specification 3138 with visual e"idence of further consolidation. 1 i i Parking lots existing on or before January 1, 1996, do not have to be brought into CiP!lanCe withiliese siandar<lsuntil such time as any of the fqlloWing events occur. (a) a new st cture is constructed bn the property served by the parking lot; (b) an addition is constructed to r eX1sti~gst:ctu,e 110çatedon th~ property serv~d by ili~ ~arking lqt; f ciA chang~ in use. Of the i roperty served by t~e parking lot occurs which results in a remodeling of the structure I reqrnng ilieissuanc~ o~ a þuil<ljng permit 1 I Subd. 6: Requited Loading Berths. In connection with any structure which is to be er~. te<l or substantially a)íer~<lart~ wþich r~quires the receipt or distribution of ma.terials or mer handise by trucks o~similar vehicles, with a gross floor area of five thousand (5,000) square feet or more, there shall.feoff-streetloading provided on the basis of the following: , Gross Floor Atea Minimum required I square feet! loading berths . 5,000 to 16,000 1 16,000 to 40,000 2 i 40,000to¡70,000 3 70,000 to 1100,000 4 I each addit~ona140,000 1 additional ! i Subd. 7: . Sign Regulation. All signs hereafter erected or maintained, except official, publif' traffic and street signs shall conform to the provisions of this subdivision and any other ordinance or regulation o( the City. i i Subd; 8: General Provisions. The following regulations shall apply to all signs hereafter per tted in all districts: I I a) Signs . shall ,riot be permitted within the public right-of-way or easements, except as erected by ån official unit of government or public utilities for the direction of trafficorn~cessary public information. b) Flasþing orlrotating signs r~sembling ~m~rg~ncy v~þicl~s shall not b~ permitt~d in any district. I I c) No signsha~lbe placed that resembles any official markererectedby a . governmentál agency or shall display such words as "stop" or "danger". I I 31 \ ! I I i I I, d) No sign shall be permitted to obstruct any window, door, fire escape, stairway or .. opening intended to provide light, air, h1gress or egress for any building or structure. e) The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall'keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from. the lot on which a sign is located. £) Advertising signs, business signs and nameplate signs whicþmaybeormay hereafter become rotted, unsafe or unsightly shall be repaired Or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building Inspector. g), Where a sign is illuminated, the source of light shall not shine upon any part of a residence or into aRESIDENCEDISTRICTor any roadway. h) No advertising or business sign shall be permitted in any RESIDENTIAL DISTRICT, exçept signs advertising a permitted home occupation limited to an overall area of six (6) square feet. i) No sign shall be of such a nature or placed in such a position that it will. cause . danger to traffic on a street. j) No sign shall project more than two (2) feet over a public sidewalk. k) No signs shall violate the front, side or rear yard requirements of the district in which it is placed. Subd.9: Special and Temporary Signs a) One (1)' identification sign not exceeding thirty-five..(5) square feet. in area.forthe following uses:, church, school, hospital, parks and recreation areas or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated but not. flashing. b) Temporary signs advertising a new subdivision development limited to the following: (1) maxirrlUm size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15)feet above ground level. c) Real estate signs,. including signs· advertising the sale or. rental of premises, are permitted provided the area on one sideofany such signs shall not exceed six (6) square feet. . 32 \ \ . d) T empo~ary signs of contractors, arcrutects,mechanics,special' events and artisans are perrWtted, provided that such signs shall be removed promptly upon completion of the work and further provided that such, signs shall not exceed thirty-t~o (32) square feet in area. ! Subd. .10: ' Podable Signs. \ a) Definitidn. · A portable sign is one that is movableffom one location to another and is not peimanently affixed to the ground, sales ,display device, or structure. All ! relevant regulations inSubd. 12 of this sectionshall apply. I I b) Permit Rþquired. Abusiness seeking to use ocdisplaya portablesign shall obtain a permit ftomthe'Cityfor the period of display. Permits ,will specify the. length of time the ~ignwill be displayed, .location of the sign, and business applying to use h . \ t e sIgn. I I I c) Length of Use. The duration of time a portable sign can be located.on a property, is limited I;to a maximum of sixty (60) days in anyone calendar year. 1 !, d) Size. A portable sign shall not exceed· 50 square feet which accounts for all letters, numbers And attachments; excluding material required to support the sign. I . I I Subd. 11: AdveJising Si~ns and Billboards., For purposes of this section, an advertising sign fr billboard shall be ~ sign which directs attention to a business, profession, commodity, service or entertainment which, is sold or offered on a.premises other than thaton which the sign ~ I is 10 ated. No advertising signs or billboards are permitted within the City ofSt.Josepþ, other than.' hose. specifically allowed by this Ordinance and meeting the requirements of the following I para raphs: , I I \ a) Advertising signs or billboards may be constructed and maintained, pursuant to, a Special Usþ Permit, only on property zoned for use as Industrial (I) and/or Agricultur*l (A). No advertising signs or billboards shallbe constructed or maintained! on property subject to any other.zoningclassification than that specificallyi allowed herein. " I " ,,',' , b) Advertising signs or billboards shall not be permitted within a public right-of-way I or easement. I c) Illumination of advertising signs or billboards is permittedif the illumination is directed to~ard the surface of the· sign and limited to the sign surface. Illuminated signs may nbt give off an intermittent, rotating, concentrated or directional beam, or flashing líght of any kind. , . " I 33 I I i I d) An advertising sign and billboard shall not be constructed or maintained which . resembles any official ma.rker erected by a governmental agency, or displays words such a~ "stop," "yield," or "danger." e) An advertising sign and billboard shall not be constructed or maintained in a manner so as to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egr,ess for any building or structure. £) Advertising signs and billboards which become rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner or owners of the property on which the sign stands upon notice from the City Building Inspector. The owner, licensee or owner of the land onwhich the sign is located shall keep grass, weeds and other growth cut, and shall cleanup and remove all debris or rubbish from the lot on which the sign is located. If the owner, licensee or owner of the property fails to act in accordance with this paragraph, the City may remove the sign in question upon the direction of the City Council, and all costs incurred'for removal may be charged to the owner of the sign and if unpaid, certified to the County Auditor as a lien against the property on which the sign was located. g) Advertising signs and billboards shall be constructed or maintained which obstructs traffic visibility. . h) Advertising signs and billboards shall not be located on the roof of a building or painted directly on the side of the building, unless it is clearly demonstrated to the Planning Commission that the location of the sign does not threaten the structural integrity of the building in question, cause a safety hazard to any persons or property in the vicinity of the building in question, and is aesthetically consistent with an non-offensive to the properties in the immediate area of the building in question. i) All billboards, or advertising signs shall maintain a minimum setback of at least 20 feet from any point on the sign from all property lines of the property on which the sign is constructed or maintained. j) Advertising signs or. billboards shall 110t be, çonstructed, maintained, or located any closer than 1,000 feet from any other advertising sign or billboard. Anadvertising sign or billboard structure which is constructed to as to allow the display of advertising on both the front and back side of the structure shall constitute a single sign for purposes of the 1000 feet limitation. No advertising sign or billboard shall project higher than 36 feet above the average grade of the property on which the sign is located. An advertising sign or billboard structure shall not contain more than two individual signs per facing. No individual sign shall exceed 25 feet in total length, 12 feet in height, and 300 square feet in sign surface area. No . 34 ¡ , , . advertising[sign ~~y be.erected ~it¥n200 feet of an adjoining residential district. Where the advert1smg sign locatIon IS across the street or roadway from a residential district, compliance with theset-back requirements ofthe, zone in which the signis, ~ituated shall be considered adequate. I , I Subd. 12: .Busines~ Signs. .Business orindustrialsigns may be erected, attached or paint d on to a structure, ~nd maintained in conjunction with a commercial or industrial use proVI ed: I rhaphe Ja on one si<le Of allsu.ch signs erected on one street !Tontage of any a) I one premises, shall not exceed fifty (50) square feet. I b) Such sign except a directional sign, is erected only on the premises on which the I use, to which the sign relates, is conducted. ¡ ! i c) N otwithsta~ding the above, where' two or more separate and individual commercial, or industrial operations are conducting business in separate areasofa single build~ng or structure, in which each operation' owns or leases separate and individual premises, .but share in the use and maintenance of common areas within or around tþe structure, then and in those circumstances, each individual business . operation ~ay be. permitted to display an individual, business. sign as provided in subdivisions a) and b) of this Section, except that said sign must be directly , attached to ¡that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot I sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combinatio? of business operations located within the structure., For purposes of this subdivi~ion, a combination of two or more business operations within a single structureinfludes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium O\wership. i ! Subd. 13:. Sign ReAlOval ! I All signs not maintcUnedandkept in good repa.ir shall be. subject to removal upon direction of tbe [ilyB llil<lin$ Inspecfor. .S ubd .14, . Accesso~ Buil<lings. In åIl resi<lential districts ðetache<i accessory buil<lings shallb located in the rear I yard. When located within ten (10) feet of the rear wall of the princi al building they shall comply with ,all yard requirements applicable to the principal building inthe istrict. Where accehory buildings are to be located more than ten (10) feet from a rear . wall 0 the principal buildirlg they shall not be located closer than five (5) feet from, an adjoining , I 35 ! side or rear lot line. All accessory buildings shall setback a minimum of fifty (50) feet from front . street right-of-way lines. Accessory buildings are further.limitednot to exceed over one (I) story of sixteen (16) feet in height. a) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least five (5) feet from the public alley right-of-way. b) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. c) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for'parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. Subd. 15: General Fencing. Screening. Landscaping and Storage. a) All materials and equipment, except as provided in the district provisions of this Ordinance shall be stored within a building or structure or screened so as not to be visible from adjoining properties, except the following: . 1. U sable laundry equipment (clothes lines). 2. Recreational equipment and recreational vehicles. 3. Construction and landscaping material currentlY,being used on the prerruses. b) All fences, walls, hedges or similar structures shall conform to Ordinance 57 of this Code. c) In all commercial and industrial districts adjacent to residential districts and not divided by streets there shall be provided along the property line a fifteen (15) foot wide planting strip composed of grass, trees and shrubs. A screening fence may be utilized when approved by the Planning Commission. Such fence shall not exceed eight (8) feet in height nor be less than six (6) feet in height. d) In all zoning districts the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping techniques. Subd. 16: Building and Lot Restrictions. . 36 ".. . a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building,or land is located. .. . I b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height .limit herein established for the district in which the building is ¡located. c) No building shall be erected, converted, enlarged, reconstructed or structurally altered ex~ept inconformity with the area regulations of the district in which the building is ¡located. d) The minimum yards and other open spaces, including lot area per family, required by this Oniinance for each and every building existing at. the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered, as yard or open space requirements for any other building. e) Every building hereafter, erected or structurally altered shall be located on a lot as herein defined andin no ,case shall there be more than one (1) principal building on one lot unless provided in this Ordinance. . f) On a through lot (a lot fronting on two (2) parallel streets) or a comer lot, both street lot lines shall be tront lot lines for applying yard and parking requirements. g) Mobile homes as defined in this Ordinance shall be limited to locations in mobile home parks provided in the district provisions. h) Any dwelling constructed in an area zoned R-l, on a lot of a plat approved by the City On or after July 15, 1991, shall include an attached or detached private gara.ge of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance, width shall be measured on the side of the garage having an overhead garage door for motor vehicle access. Subd.17: Height 'and Yard Exceptions. a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks" water towers, ,pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located, shall not be included in calculating 'the height of the principal structure. Wind energy towers and solar collectors will be allowed, by the variance procedure provided under this Ordinance. . 37 b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, . boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or unoccupied space, provided, however, that this provision shall not apply to one (1) fireplace or one (1) chimney, not more than eight (8) feet in length and projecting not more than thirty (30) inches into the allowable side yard space nor cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the first floor level, nor to unenclosed porches or other grçmnd level unenclosed projections not over one (1) story in height which may extend into a rront or rear yard not more than five (5) feet, or into a side yard not more than four (4) feet, but such platform shall be restrictedrrom the five (5) foot required side yard in the residence district. Subd. 18: General Performance Standards. a) All sewage and water facilities shall be connected to the Municipal sewer and water facilities when available. Where sewers are not constructed or in,operation all sewage facilities shall be connected to approved septic tanks and disposal fields. This provision shall not apply to temporary construction sites, or portable units. b) Any lighting used to illuminate an off-street parking area, sign or other structure, . shall be arranged as to deflect light away rrom any adjoining residential zone or rrom the public streets. Direct or sky-reflected glare, where rrom floodlights or rrom high temperature processes such as combustion to welding shall not be directed into any adjoining property. The source oflights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Anylight or combination oflights which case light on a public street shall not exceed one (1) foot candle (meter reading) as measured rrom the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured rroÌ11 said property. c) The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota RegulationAPC-1-I5 and as subsequently expanded, modified or amended. d) The emission of dust, fly ash or. other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, State of Minnesota Regulation APC-I-IS and as subsequently expanded, modified or amended. . 38 , . e) The emissìo~ of odorous matter in such quantity as to be offensive shall not be permitted. The emission of odor by any use shall be in compliance with and regulated bÝ the State of Minnesota Pollution Control Standards, Minnesota RegulationAPC-I-15 and as subsequently expanded, modified or amended. I f) All noise shall be mufl1ed so as not to be objectionable, due to intermittence, beat frequency of shrillness and, as. measured at any property line, 'shall not exceed the millimumstimclards established by the State of Minnesota, RegulationsNPC 1, 2 and 4. I Subd. 19: Performånce and Nuisance Standards. This sectionprovidesJor performance and nu~sance standards applicable to INDUSTRIAL districts and not provided elsewhere, in this Ordinance. ¡ a) Every appliclantfor a permittodevelop or expand any industrial property in the City shall bd required to submit a complete and accurate statement, concerning the specific natJre ofthe use to which the property is to be put and shall certify that I' ',',' the proposed use shall comply with ,all. regulations, ordinances, or special provisions ~hich may apply. b) The Planning, Commission shall have the right to require any additional . information,] corrections,' or control, deemed necessary for the. protection of the public. The [Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial U ~e. , , , c) Every applicant shall. be required to submit for. approval of the Planning Commissionj a landscape plan providing for the' planting of trees and other vegetation. I I i d) Any use, creáting. periodic earthshaking. vibration, shall be prohibited if undue vibrations ar~ perceptible beyond boundaries of the property on which the use is I located. T~s standard shall not apply to vibrations created during the process of constructioni. ! e) Any use req~iring the storage, utilization or manufacture of products which could decompose' ~ydetonation shall be located not .less than 400 feet from, any residence.1jhis section shall not apply to the storage or usage of liquid petroleum, natural gas fpr normal residential or business use providing other performance standards are met. ! f) All activitiesithat emit radioactivity shall comply with themillimum requirements of . the Federal regulatory body. I I ! 39 .. g) All uses associated with bulk storage of oil, gasoline; liquid fertilizer, chemicals, similar liquids and hazardous substances shall complywiththerequirements of the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. Subd. 20: Regulation of Adult Entertainment Establishments. a) Purpose and Intent. The purpose and intent of the adult entertainment regulations set forth in this ordinance is to serve a substantial government interest by attempting to preserve the quality and vitality of neighborhoods, curtail the depression of property values, restrain increased criminal activity and slow the spread of sexually transmitted diseases. Adult Entertainment Establishments, as defined by this Ordinance, because of their very nature, are recognized as having serious objectionable operational characteristics that have a deleterious effect upon the use and enjoyment of . adjacent areas. These secondary effects are especially evident where such uses are concentrated. One of the objectives of this Ordinance is to disperse the adult uses through separation requirements from another adult use and from other significantly incompatible uses. The ordinance allows adult entertainment establishments only in Industry Districts. In this community, those areas provide opportunity for sites with good visibility and access to major streets and highways. The secondary effects associated with adult entertainment establishments, include an increased level of criminal activity, increased risk of exposure to sexually transmitted diseases, depression of property values and a significant change in the character of surrounding neighborhoods. However, it is recognized that such regulations cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. The adult entertainment regulations set forth herein represent a balancing of competing interests, reduction of objectionable secondary effects through the regulation of adult entertainment establishments versus the protected rights of the owners, operators, performers and patrons of those establishments. b) Definitions. For purposes of this section, the following definitions shall apply: . 40 I I I . "Adtlt Arcade": An establishment, where, for any form of consideration, i) onebr more motion picture projectors, video players, slide projectors, or simifar machine~ for ~iewing b~ five or fewer p~rsons each are used to . sho'Y.films,' motlOn pictures, vIdeo cassettes, slIdes, or other photographic repr6ductions that are characterized by an emphasis upon the depictionor des~ription of specified sexual activities, 'prohibited nudity or child pOn1ography; \ ii) "Adhlt Bookstore'': . An establishment that has more than twenty percent (20~) of its stock-in-trade and offers for sale, anyone or more oÚhe [ollqwing: 1) books, magazines, periodicals, or other printed matter, or pho~ographs, films, motion pictures, video cassettes, slides, or other visual repr~sentations that are, characterized by an emphasis upon the depiction or descpptionof specified sexual activities, prohibited nudity or child pornography; or 2)instruments, devices, or paraphernalia that are designed I for use in connection with specified sexual activities. iii) "Adllt Cabaret": A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are,characterized by the exposure . of p~ohibited nudity or by specified sexual activities, or films, motion pict*es, video cassettes, slides, or other photographic reproductions in whiqh a substantial portion of the total presentation time is devoted to, the sho'*ïng of material thatis characterized by an emphasis upon the depiction or déscriptionof specified sexual activities, prohibited nudity or child \ po~ography. ¡ i iv) "Adult Motion Picture Theater" : An establishment where, for any form of cons~deration, films, motion pictures, video cassettes, slides, or similar photþgraphic reproductions are shown, and in which a substantial portion ofth!etotal presentation time is devoted to the showing of material I char~cterized by an emphasis on the depiction or description of specified sexukl activities, prohibited nudity or child pornography. \ I I v) ,," Adult Theater":, A theater, concert hall; auditorium, Or similar estaqIishment characterized by activities featuring the exposure of prohibited nudity, specified sexual activities Or,child pornography. vi) "Child Pornography": Literature, books, magazines or other printed matter, or photographs, films, motion pictures, video cassettes or other I visu~lrepresentations depicting or displaying a person under the age 0£18 and the display or depicting is obscene as that term is defined by Minn. . , i 41 i Stat. § 617.241, Subd. I(a) or constitutes Prohibited Nudity as herein . defined. vii) "Sexual Encounter Establishment": An establishment ,other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two' or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of prohibited nudity. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medical care or sexual therapy; or any accredited educational institution where prohibited nudity occurs in the context of modeling for an art class. viii) "Prohibited Nudity": Prohibited Nudity means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic regions, pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. ix) "Specified Sexual Activities": Includes any ofthe following: 1) the . fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral copulation, flagellation, bestiality, sodomy or any sexual act which is prohibited by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any ofthe activities set forth in subdivisions 1 through 3 of this subsection. c) Adult Entertainment Establishment Zone. Adult Entertainment Establishments shall be permitted only in areas zoned as Industry Districts. Adult Entertainment Establishments shall not be permitted in any other zoning district. Adult Entertainment Establishments shall have a minimum separation of 500 lineal feet ffom any other adult entertainment establishment, and at'least 1,000 lineal feet ffom any hotel, motel, nursing care home, home for the elderly, day care facility, church, school, or residentially zoned property. Section 52.15: ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT PROVISIONS. Subd. 1: Establishment of Districts. The following district classifications are hereby established within the boundaries of the City of St. Joseph. . 42 . 1 Agricultural District . 5-1 Single FanPly Residence District 5-2 Two Family Residence District ~-3 MU,ltiple, R~sidence D,istrict ~-M Mobile Horne District ~-I General Business District B¡-2 HighwaY175 Business District L Light Industrial District E Educationál - Ecclesiastical District Subd. 2: Map. .Tße boundaries ofthe use districts are delin~ated on the Official Zoning Map, which is hereby adopted by reference and declared to be a part of this Ordinance. Such map shall ~' eonpermanent file ~nd available, for public inspection in the City Hall. It ,shall be the respo sibility of the City Ctlerk to maintain and keep.. the map up to date and to record each amen mentthereto within! thirty (30) days after official publication bfthe Ordinance adopting the amenfment.', The official map shall be signed by the Mayor and the,City Clerk with the City Seal and ce1rtified that it is theqfficial map of the City. I Subd. 3: Zoning District Boundaries. The boundaries of districts are the center line of street; the center linesof~eys,. the rear lot lines where there are not a1leys;the si<le lines of recorded lots, designated distances where land is unplatted, section lines or property lines. . Subd. 4: Annexed ILand. Any land hereafter annexed to the City shall be considered to be in the agricultural district until otherwise classified or unless either of the following circumstances apply: i i a) In the event the annexed land has been rezoned by the Joint Powers Board of the Towrtship of St. Joseph and ,the City of St. Joseph and such action has been apþroved by the City Council of St.Joseph, such land shall be consideredtobein the district for which it was rezoned by the.Joint Powers 'Board. i b) When approving the annexation of property which has not been rezoned by the Joint Power.s Board, the City Council by resolution, may direct thatthe property be classified: for zoning purposes as a district allowing a permitted use consistent with the maÍmer in which the property was being used at the time of the petition for annexatibn or as intended for the proposed use. ¡ , Subd. 5: Vacated Streets or Alleys. Whenever any street, alley, or other public way is vacate~ by official action of the City Council ofSt. Joseph, the zoning district adjoining each side of the rtreet, alley or publiq way shall be automatically extended to the center of such vacation, and all area included in the ~acation shall then and henceforth be subject to all the appropriate . regulations of the e)åended districts. 43 . Subd. 6: Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted nor denied and the use is neither specifically permitted in any other district, the use shall be considered prohibited. In such case the City Council, the Planning Commission, or a property owner may request a study by the City to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. 'The City Council and Planning Commission upol} receipt of the study may, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or may find that the use is not compatible for development within the City of St. Joseph. . Section 52.16: Agricultural District. Subd. 1: Intent. To establish and preserve areas within the City for the continuation of viable agricultural operations; and to provide for very low density residential development for those persons desiring a rural life-style. To preserve areas which due to natural features and limited roadsand proximity to available services are best suited to limited development as determined by the policies of the City Council. Subd. 2: Permitted Uses. a) General farming as defined by this Ordinance. . b) Single family residences as defined, provided they meet the requirements· of this section. c) Commercial outdoor recreational area, including golf courses, club houses and swimming pools. d) Roadside stands for sale of excess garden produce provided 'they meet requirements of this Ordinance. e) Public parks, recreational areas, environmental study areas and game refuges. ±) Nurseries and tree farms. g) Home occupations. Subd. 3: Uses Under Special Use Permit. The following uses require a Special Use Permit as regulated in this Ordinance. a) Mining, and extraction of minerals and dirt. . 44 I I , I i . I b) Governmenral and public utility buildings and structures. , c) Facilities fof. retail or wholesale trade connected.withnursery and. tree 'farms. I d) Kennels, aniimal hospitals, stables, etc., provided they are adequately separated uses. \ I e) Institutions~f a religious eleemosynary or philanthropic nature. f) Churches, rdigious or charitable purposes. g) Publici and pþ'vate school~, provj<l¢d tbatthe area. an~ locafion of anY .school and off-street parking shall be subject to the review and approval of theJ>lanning Commission.! 1 h) Planned Unit] Residential Development. _i ') Advertising signs and billboards as allowable under Section 52.14Subd. llo[this Ordinance. I rbd 4. Pennittedlcessòl)'width . .. ) Operation an1 storage otvehicles, machineryandequipmentwhich is Înci<lentalto permitted or ~pecial uses allowed in this district. I i) Living quarters for person employed on the premises. I j"b<l. 5. Lot Area RJquirements. r Minimum are~ 10 acres - 435,600 square feet. b') Minimum lot width 300 feet at the building setback line, except that if a lot or tract has less area or width than herein provided and was legally platted and was of I record at the time of the passage of this Ordinance, ,that lot maybe used for any of the uses permitted. by this section. I I S bd. 6: . Setback Reqtirements. :j Front yard setJacks of not less than J 0 feet ITOm all other public right-of- ways, unless: i) 30 percent or more oftheftontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depthofftpnt yardin which instance no buildings shall project beyond a . straight line drawn between the point closest to the street of the residence upon i i I i 45 i I I 1 \ I either side of the proposed'structure or, ii) If there be residences upon on1yone . side, then be on the straight line projected from the front of the two nearest residences. iii) This regulation shall not be interpreted to require a front yard of more than 100 feet. b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of the passage of this Ordinance has a width of 75 feet or less, the side yard on each side of a building may be reduced to a width of the lot, but in no instance shall it be less than 5 feet. c) Rear yard setbacks shall be not less than 40 feet in width from each building. Subd. 7,: Height Requirements. a) No building hereafter erected or altered shall exceed 2 Y:z stories or shall it exceed 35 feet in height, except as hereinafter provided. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard requirement at least one foot for each foot of additional building height above the height limit . otherwise provided int the district in which the building is located. Section 52.17. R-l SINGLE FAMILY RESIDENCE DISTRICT Subd. 1: Intent. It is the intent of this district to provide for the orderly development of residential areas and to avoid urban sprawl within the City; pennit the development of single family dwellings; to provide reasonable standards for such development; to avoid overcrowding; and to prohibit the use of land which would be incompatible with. or detrimental to the essential residential character of such districts. Subd. 2: Pennitted Uses. a) Single family dwellings. b) Public parks and playgrounds. c) Horticulture, not to include the retail sale of products. d) Licensed residential group care facility with 1,300 feet between it and a similar facility and not to exceed six boarders. e) Licensed day-care facility serving 12 persons or less. . 46 . £) Home occu~ations as defined by this Ordinance. , Subd.,3. Uses Un&~r'Special Use Pennit. The following uses shallrequireaSpecîal Use Permi based on the procedures set forth in this Ordinance: I a) Governmenfaland public utility buildings and struc~uresnecessaryfor the health, \ '. safety and g~neral welfare of the commuruty. I I b) Public or seµu-public recreational buildings and community centers. c) Licensed day-care centers serving 13 or more persons. d) Licensed reJidential group care facilities with seven or more boarders. I e) Public libraries. £) Public and p:rivate schools provided that the location and off-street parking has been reviewrd and approved by the Planning Commission. , , g) Institutions. bf a religious eleemosynary or philanthropic nature. , . h) Nurseries aJd greenhouses. , , , i) Planned use:residential development. , j) Bed and breakfast. i k) Uses which in the judgment of the Planning Commission and City Council are similar to th6se listed in this zoning' district. · i .. . . I Subd.4. PermittediAccessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational yehicles and, equip~ent. I b) Houses and ~imilarbuildings for storage of domestic equipment and non- commercial tecreational· equipment. c) Swimming pbols, tennis courts, detached screen porch or gazebo, provided that the maximuri¡110t coverage requirement is not exceeded. , d) No accessory buildihg nor structure shall be constructed on any lot prior to the time of . construction of the þrincipal building to 'Vhich it is accessory. I \ I 47 , i i I I I e) Accessorybuilding(s) and/or private garage(s), either attached or detached, shall . be subjectto the following number and size limitations, and the general requirements of Section 52.13, Subd. 13. i) One or two accessory buildings covering a combined area not greater than 1,000 square feet are permitted. ii) One additional accessory building, covering an area not greater than 120 square feet is permitted in addition to those allowed in subparagraph i) above. iii) The combined area of the lot covered by the accessory buildings authorized in subparagraphs i)and ii) above shall not exceed ten (10) percent of the total lot size. iv) Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs i) andii) and iii) above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet; v) Accessory buildings not specifically permitted by this paragraph shall be . prohibited unless authorized by a variance granted pursuant to.· Ordinance 52.8. Subd. 5: Lot Area Requirements. a) Minimum Area: 20,000 square feet where municipal sanitary sewer and,water services are not. available. b) Minimum Area where served by municipal sewer and water: J 1,000 square feet. c) Average width of not less than 75 feet and an average depth of not less than 125 feet. Subd, 6: Setback Requirements. a) Front yard setbacks of not less than 30 feet on all publicright-of-ways, unless: i) 30 percent or more of the frontage on the same sideofthe street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line. drawn between the point . 48 , . closest to the street line of the residence upon eìther side of proposed I structure or, ¡ ... ii) If~here. are residences upon only one side, then beyond the straight line pr9jectedfromthe front oftheneare.st residences. i \ , iiì) N qthing, in this regulation shall be interpreted to require, a front yard of mOre than 50 feet. ! \ iv) Wnere the streetiscurved, the line shall follow the curve of the street rather than to be a straight line. I , \ b) Side yard ~etbacks shall be ten (10) feet from the main structure and five (5) feet from garage or accessory building. c) I ' Rear yard shall have a depth of not less than 20 percentofthe depth of the lot. I Subd. 7. Height Requirements. I a) No building shall exceed 2Y2 stories or shall it exceed 35 feet in height. Section 52.18: R-2 TWO FAMILY RESIDENCE DISTRICT. . I I , Section 1 Intent. I It is the intent ofthis district to provide for the orderly development of resid1cntial areas and to a'í0id urban sprawl within the City; permit the development of single and two amily dwellings; to~rovide reasonable standards for such development; to avoid overdrowding; and to proþibitthe use ofland which would be incompatible with or detrimental to the e~sential residential character of such districts. , Section 2. Permitted Uses. ¡ a) Single' famfly dwelling. b) Two familtdwellings. ! I c) Public par~sand playgrounds. I d) Horticultute, not to include the retail sale' of products. ! , e) LicensedrbsidentiaJ group care facility with 1,300 feet between it and a similar facilìty an~ not to exceed six (6) boarders. . I I f) Licensed day-care facility serving 12 persons or less. . i ¡ ! 49 I , I I i I ! ¡ Subd. 3. Uses Under Special Use Permit. The following uses shall require a Special Use . Permit based on the procedures set forth in this Ordinance. a) Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community. b) Public or semi-public recreational buildings and community centers. c) Licensed day-care centers serving 13 or more persons. d) Licensed residential group care facilities with seven or more boarders. e) Nursing Homes and Board and Care Homes, provided that adequate parking is provided and the site is accessible to commercial service areas. t) Public libraries. g) Public or private schools, providing, however, that the area and location of any school and off-street parking heretofore shall be subject to the approval of the Planning Commission. h) Churches. . i) Institutions of a religious, eleemosynary or philanthropic nature. D Nurseries and greenhouses. k) Planned unit residential development. 1) Bed and breakfast. m) Uses which in the judgment of the Planning Çommission and CityÇouncil are similar to those listed in this zoning district. Subd. 4. Permitted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Horne Occupations. . 50 ¡ I I I ¡ . c) Houses and similar buildings for storage of domestic equipment and non- I commercial recreational equipment. ! I I d) Swimming¡ pools, tennis courts, and detached screen porch or gazebo, provided 1 thatthe maxímum lot coverage requirement is not ,exceeded. e) No access¡ty þuilding norstrllctureshall be constructe<l on any lot prior to the timeofco~struction of the principal building to which it is accessory. Ii , f) Accessory ¡building(s) and/or private garage(s), either attached or detached, shall be subject to the following number and size limitations, and the general requiremerlts of Section 52.13, Subd.13. i) onl or two accessory buildings covering a combined area not greater than 1,OpO square feet are permitted. ii) On~ additional accessory building, covering an area not greater than 120 squarefeet is permitted, in addition to those allowed in subparagraph i) I above. I i iii) Th¢ combined area of the lot covered by the accessory buildings authorized . in sµbparagraphs i) and ii)above shall not exceed ten (1 0) percent of the tot~llot size. iv) Accessory buildings of less than 50 square feet shall not be considered wh~n computing the limitations of subparagraphs i) and ii) and iii) above; butlthe combined area of accessory building of less than 50 square feet I shap not exceed a total of 100 square feet; I v) Acçessory, buildings not specifically permitted by this paragraph sháll be proþibited unless authorized by a,variance granted pursuant to Ordinance 52.~. Subd. 5: Lot Area Requirements. I I a) Minimum ~rea for Two Family Dwelling Unit not served by municipal sewer and water: 24,000 square feet. I b) Minimum ¥ea for Two Family Dwelling Unit served by municipal sewer and water: 10,QOO square feet. , I I i c) Average wtdth of not less than 75 feet and an average depth of not less, than 125 . feet.¡ " I , i 51 , , , Subd. 6: Setback Requirements. . a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless: i) 30 percent or more of the frontage on the same side ofthe street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure; or ii) If there are residences upon only, one side, then beyond the straight line projected fromthe front ofthe nearest residences. iii) Nothing in this regulation shall be interpreted to require a front yard of more than 50 feet. iv) Where the street is curved, the line -shall follow the curve of the street rather than to be a straight line. b) Side yard setbacks shall be ten (10) feet from the main structure and five (5) feet - from garage or accessory building. c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. Subd. 7. Hei~ht Requirements. No building shall exceed 21f2 stories or shall it exceed 35 feet in height. Section 52.19: R-3 MULTIPLE FAMILY RESIDENCE DISTRICT. Subd. 1. Intent. R-3, Multiple Family Residence District is intended to provide a district which will allow higher density or residential development where city sewer services are available. Subd. 2. Permitted Uses. a) Multiple Family Dwellings up to 12 dwelling units per structure. b) Public parks and playgrounds. c) Hospitals, convalescents, nursing homes, group care centers or assisted living centers. . 52 I I I . d) Churches, libraries, museums or schools. I I e) Townhous~s up to 12 dwelling units ,per structure. I f) I Lodging h~uses. i Subd.3. Pennitte6 Accessory Uses. a) Private ga)ages, parking spaces and carports for passenger cars, trucks, recreation~l vehicles and equipment. ! b) Home,occ*pations. , I ¡ c) Storage buildings for storage of domestic equipment used in the maintenance of the property and non-commercial recreational equipment used primarily at the I property. ¡ ! , d) Swimminglpools and tennis courts. Subd. 4, Uses Unaer Special Use Permit. ¡ I , . a) Public buil~ings, police and fire stations and other public buildings, except those customarily considered industrial in nature. 1 I ¡ b) Cemeterie~ and memorial gardens. i I c) Multi-Farni,ly Dwellings over 12 dwelling units shall be required to utilize the PURD proFedural process, excluding the PURD requirement for acreage. I d) Planned U~t Residential Development (PURD) as regulated by this Ordinance. ¡ L I e) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in Subdivision 2 of this Section. Subd. 5. Lot Area Requirements. I a) Minimum 16t area shall be 12,000 square feet. ¡ \ , , b) F or the ba~is of computing the number of permitted units within a multiple residence, ~he following shall apply: i , i) Onb 1 bedroom unit for each 3,000 square feet of lot area; and 1 , , , . I 53 \ , I 1 \ ii) One 2 bedroom unit for each 3,500 square feet oflotarea; and . iii) One 3 bedroom unit for each 4,000' square feet of lot area; iv) Lot depths of greater than 150% of the average lot width shall be used in computing the maximum number of units. c) Multiple family dwellings shall not occupy more than 35% of the lot. d) Each lot shall have a minimum width of 150 feet at the building setback line. e) Each lot shall have a minimum width of80 feet at the public right-of-way. Subd. 6. Schedule of Allowances. The lot areas per dwelling unit described in Section 52.18.05 shall be further subject to the following schedule of allowances, which shall be added to or subtracted from, the minimum lot area per dwelling unit as prescribed hereby regulating density requirements as to the location, use and access provided for the property within the R-3 multiple residence family district. a) For each parking space provided within the building, or underground, subtract 300 square feet. b) If the site upon which the multiple dwelling is being constructed, or the zoning . district adjacent to the site is zoned for a commercial use, subtract 300 square feet. c) If the multiple dwelling site is within 300 feet of an R-l or R - 2 Residence District, add 300 square feet per unit, for all units constructed on the site. d) If the total lot coverage is less than 20%, subtract 150 square feet per unit. e) In such cases where it is necessary to raze an existing structure in a dilapidated condition, orwhere said building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section. Subd. 7. Setback Requirements. . a) The front yard of any R-3 residence shall be 35 feet' from the lot line. b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the side yard abuts a street or highway in which case the setback shall not be less than 30 feet. . 54 " . c) The rear yard of any R-3 residence shall be 40 feet from the lot line. I All bUildink permit requests must be accompanied by a'building plan and a d) landscape plan acceptable by the Planning Commission. I Subd. 8. Height Requirements. No structure shall exceed 2~stories or 35 feet in height exce, tashereinafter pro~ided. l Section 52.20: R-M MOBILE HOME RESIDENCE DISTRICT. I Subd.l. Intent. Aistheintent of this district to permit the development of mobile home park in thecommunity;tÒ supplement applicable state laws pertaining to mobile homes; to prov~de reasonable standards for site development of s.uch p.arks; to avoid Qvercrowding; to prov de setbacks and other development standards which WIl} make such developments more attra tive, safe and pleasant to live in, and compatible with other land uses and developments in the c rnmunity . i i I I Subd.2. Permitted Uses. , 1 I a) Mobile hoWes. b) I . Manufactured homes. Mobile hotþeparks, park offices, laundry, recreation, and storm shelter facilities, c) provided tnese structures are permanent in nature. I Subd. 3. .Permitted Accessory Uses. a) Private garåges, parking spaces. b) Toolhousds and similar buildings for storage of equipment and non-commercial I recreation equipment. I I c) No accessJry building nor structure shall be constructed on any lot prior to the time of construction of the principal ,building to which it is accessory. . d) No, accessqry building(s) and/or privategarage(s), either attached or detached, shall occupy an area greater than ten (10) percent ofthetotallot size ora total combined årea of 800square feet, whichever is the lesser, unless authorized by I variancegrflhted pursuant to Ordinance 52.8. I I Subd.4 SpecialU~es.Home occupations provided the use can be reasonably and safely cond ctedin a mobile hoie structure. . ¡ 55 i i I Subd. 5. Lot Area Requirements. · a) The minimum lot area shall be 5,000 square feet. b) The minimum lot width shall'be 50 feet. c) The maximum lot coverage shall not exceed 50%. d) At least 10% of the. total site of a mobile home park shall be reserved for common, useable open space for the exclusive use of residents, and to be maintained by the proprietor or operator ofthe mobile home park. Such open space shall be designated and its improvements completed before any mobile home site is offered for occupancy. Subd. 6. Yard, Height and Setback Requirements. a) Front yard setbacks shall be 25 feet. b) Side yard setbacks shall be at least 10 feet. c) Rear yard setbacks shall be at least 20 feet. · d) The maximum building height shall not exceed 20 feet. e) Each mobile home park shall provide and maintain a 15 foot landscaped strip around the perimeter of the property. £) Each mobile home site shall be provided with a tree, and all unpaved areas shall be suitably sodded. g) Each mobile home within a'mobile home park shall be properly and completely skirted. Subd. 7: Other Requirements. a) An application for mobile home park shall be accompanied by the same data, map and information required for other plats or subdivisions within the City. b) Any additional data required by the State Board of Health for licensing of mobile home parks shall also be, submitted to the Planning Commission prior to or currently with its ,submittal to the State BoardqfHealth. · 56 1 I ! · c) Constructibn of permanent foundations for mobile homes shall be prohibited. I 1 d) Paved priv!ate streets serving the mobile home park, shall be sufficient width to provide for two lanes of traffic and for parking on each side of the street. ! 1 e) Each mobi~e home site shall. be provided with,tie down or other acceptable means. I f) Each mobile home parkshall provide and designate one of its permanent buildings which is stfucturally suitable to serve as a storm shelter with sufficient space to accommo~ate all of its residents. Ifthe shelter cannot accommodate all the residents, ~disaster,planmustbe.sµbmittedto the CityofSt. Joseph's Emergency Services Director for approval and a copy on file attheCity Offices. Section 52.21 :B-l GENERAL BUSINESS DISTRICT. I i ., Subd. 1. '.. Intent. The General Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, t the, same time, minimizing negative impacts to residential neighborhoods. I i Subd.2. Permitteâ Uses. The following uses shall be permitted within the General Busi essDistrict: I I I · , a) Appliance ~tores. b) Apparel s~ops c) Bakerygo~ds, sales and baking of goods on premises. ¡ i d) Barber and beauty salons. I , , e) Bicycle sal~s and' repairs. ! , 1 f) Bookstores. I I I g) Business offices. I I h) Farmers' ¢arketfor the sale of produce Only. Notification and the submittal of a plan to thelPlanningCommission is required. ! i) Financial'i?stitutions, including insurance companies. I j) Florist. I 1 I , · i ! I 57 I ¡ 1 , I k) Fruit, vegetable and meat stores. . l) Government buildings. m) Grocery and drug stores. n) Hardware stores. 0) Hobby shops and gift stores. p) Interior design services, including floor and wall covering stores. q) Jewelry sales and service. r) Laundry and dry-cleaning services. s) Library. t) Medical, optical and dental clinics. u) Pet shops, excluding kennel services. v) Photograph sales and repair. . w) Record and video stores. x) Restaurants, coffee shops, excluding drive-in service. y) Sporting goods stores. z) Other use determined by the Planning Commission to be of the same character 'as contained in this Subdivision. Subd.3. Special Uses. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.9 ofthis Ordinance. a) Convenience stores. b) State licensed day care and nursery school facilities provided that: i) Adequate off-street parking and loading is provided, and; . 58 I I i . ii) Thlfacility meets all State licensing requirements pursuant to Minnesota I Sfatutes245A.02 and 245A.11. I , , c) Motor ve~cle service stations. , , d) Bars andli'quor stores. I e) Auto sales! service and repair shops. , f) Mixed uselofapermitted Use and a multiple residential dwelling units; but only if atleast 50{/o of the interior square footage (exclusive of the basement or cellar) is used full time for a PermittedU se. ' g) Lodge. h) Other uses determined by the Planning Commìssion to be of the same character as contained'i'n this Subdivision. [ 1 I Subd. 4. Permitted Accessory Uses. The following uses shall be permitted as an Acce soryUse inthe Gen~ral Business District. . a) CommerciM or business building for a use accessory to the principal use. I b) Business identification signs as regulated in Section 52.14. I c) T emporary¡ buildings for construction purposes for a period not to exceed construction. I d) Off-street Ibading and parking areas. I I Subd. 5. Setback Requirements. i I ¡ a) Front yard isetbacks shall be ten (1 0) feet fÌ"om the lotline. lfthe buildingfÌ"ont is located on}vfinnesota Street fÌ"om College Avenue to Second Street Northwest, no fÌ"ont yard Setback is required. i b) Side' yard' s~tback shall be five (5) feet fÌ"om the .lot . line. No structure shall be pla.ced closer than twenty (20) feet fÌ"om the boundary of any residential district. If the buildin~ffont is. located on Minnesota Street fÌ"om College Avenue to Seconq Street Northwest, no side yard setback is required. c) Rear yard' sletback shall be five {51 feet fÌ"om the lot lìne, except: I . 59 i) Where a lot abuts an alley, the rear yard setback shall be ten (10) feet; . ii) Where a lot abuts a residential district, the, rear yard setback shall be twenty (20) feet. Subd. 6. Height Requirements. Any portion of a structure shall not exceed 21;2 stories or 35 feet in height. Subd. 7. Other Requirements. a) Before the issuance of a building permit, all buildings ,constructed, in the General Business DistrictII1ust' have a · landscape Plan âpproved by the Planning Commission. b) Before the issuance of a building permit all buildings' constructed, or ,undergoing exterior renovation or remodeling in the General Business District must have the exterior finish design and materials approved by the Planning, Commission. c) Where a use exists pursuant to a special use permit in conjunction with a permitted use, the required parking shall be computed for the permitted use and special use separately with adequate parking required to satisfy both uses. Section 52.23. - B-2 Highway 75 Business District. . Subd. l:Jntent. The Highway75 Business District is intended to control the use.and development of land and improvements by creating a mixed, land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by allowing for a mixture ofland uses and by establishing stringent standards for development. This section shall be administered·in a manner which will encourage and promote high-value development in a manner similar to a planned unit development, taking full advantage of the City's highway location. It is also the purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2: Permitted Uses. The following uses are permitted: a) Business Services: i) Banks ii) Office space iii) Postal stations b) Food Services i) Grocery stores ii) Supermarkets . 60 . iii) Restaurants iv) Delicatessen , v) Bakeries whose product is'sold at retail on premises c) Personal slrvices: I i) Drug stores ii) I Hardware stores iii) Book stores iv) Re~ail apparel stores v) Flo~er shops vi) I Beauty shops and salons vii) Ph9tography shops and studios viii) Funeral homes I d) Medical Services: , i) Medical clinics 1 ii) Dental dinics iii) V e~erinary clinics iv) Other institutions providing health care. I , I Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an . Accessory Use in the Hig~way 75 Business District and subject to all the requirements in this S .1 ' ectIøn: I a) Commercial or business building for a use accessory to the principal use. Business i~entifiCation signs as regulated in Section 52.14 b) I c) T empora~ buildings for construction purposes for a period not to exceed construction. ! d) Off-street loading and parking areas. i 1 Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Pe 't based on the proc~dures set forth in Section 52.9 of this Ordinance: ! a) i Auto malls!. b) Automobile service and gas stations. i i c) Industrial ¿nd office warehousing. I i I d) I Lawn and garden temporary sales area. . I 61 i I e) Lumber yards and retail centers. . f) New or used auto dealerships. g) Stone building material sales and service. h) Recreational vehicle sales and services. i) Transportation terminals, public utility and transfer stations, without storage yards. j) Equipment Services: i) Radio .and television shops ii) Appliance repair shops iii) Appliance show rooms k) Recreational Services: i) Theaters ii) Bowling establishments iii) Clubs and lodges iv) Hotels v) Motels . 1) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 5: Setback Requirements. a) Property adiacent to County State Aid Highway 75 shall have a ten (10) foot landscaped setback from the highway right..;of-way line. Any structure shall have a twenty (20) foot setback from the highway right-of-way. b) Front yard setback shall bë twenty (20) feet from the lot line. c) Side yard setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. d) Rear yard setback shall be ten (10) feet from the lot line. . 62 I 1 . Subd. 6: Height ~equirements. a) Any porti9n of a structure shall not exceed 2 If2 stories or 35 feet in height. Subd.7: Other RJquirements. a) Parking iots: All parking lots shall conformtothe standards set forth in Section 52.14 Sub1d.4 and Subd. 5. All lots shall includeparkipgcontrols and other landscapin:g techniques to improve their aesthetic quality and to direct the flow of traffic. , i b) LoadingDocks: All loading docks shall conform to the standards setforth in I Section 5,.14 Subd. 6. No loading docks or overhead doors shall directly face County State Aid Highway 75. i , ! c) Building Exteriors: Acceptable exterior building materials shalLinclude brick, stone, tip-Up concrete panel, decorative concrete block or glass. Wood siding, I plastic, anp other combustible materials not listed as acceptable shall not be used for building exteriors. Architecturally approved steel is acceptable provided that 50% ofthb building consists of brick, stone, tip-up concrete panel and/or decorativ~ concrete block. . I d) Screenin~hAll heating, ventilation and air conditioning equipment, and refuse storage ar~as shall be screened and in a suitable location as determined by the PlanningC¡:ommission. , I e) Lighting:¡ All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. i I I 1) Stops and Curbs: Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. g) LandscRHing:ln addition to requirements relating to parking lots, the' Developrrient Plan· shall show a unified land!\caping scheme, for the development. h) Signs: J~ropused business signSShallbe ~ elementöfthe Develupment Plan. All signs shall conform to the Section 52.14Subd. 7 through Subd. 13 of this Ordinanc~. ", Subd. 8: Development Plan Requirements. No building permit shall be issued until the PIa 'ng Commission approves the Development Plan to d~termine that the use and development is compatible with andcdmplementary to adjacent land uses, and consistent with the stated intent . I , I ! 63 I I I I . , of this zone. The developer shall provide the following items to the Planning Commission for any . development located in the Highway 75 Business District: a) Building location on the lot, drawn to scale. b) Building elevations; fTont, rear and side c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. t) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning. equipment. k) Landscaping material including the location, type of plant and size. 1) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Section 52.23 - LI-Light Industrial District. Subd. 1: Intent. The Light Industrial District provides space for industrial activities . involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Pennitted Uses. The following use shall be pennitted within the LI-Light Industrial District: a) Assembly plants and manufacturing enterprises that do not cause noxious odors or noise, including excessive users of water and sewer. b) Business incubator facilities. c) Electronic appliance assembly. d) Industrial research laboratories. e) Manufacturing of small electrical parts and service. t) Newspaper and printing plants. g) Telecommunication facilities, base stations. . 64 . , , . h) T elemardíng and mailnrµer establishments \ i) Warehousi~g within the structure. j) Wholesale :or distributor storage ,and distribution of non-hazardous. materials. I Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Acce sory Use in the Lig1undustrial District and subject to the all the requirements in this Secti ' n:\ , , a) Restaurantl.'.lunchcounters, confectioneries to serve the employees employed within the District. b) Residential! structures and related residential uses necessary for security and safety reasons in felation to the principal use. I I c) Off-street ~arking and off-street loading. d) Officeaccdssory to the principal use. i . e) Businessi~entificationsigns as regulated in Section 52.14. I i f) Temporaryl buildings for construction purposes for a period not to exceed a period of 12 months. , i Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the proce~ures set forth in this Ordinance. , , a) Adult Entertainment as regulated inSecti()n52.14 Subd.20 of this Ordinance. I . I , b) Commerêia.l activities directlyrelatin~ to a product produced on site. , c) Commercial activities relating to production systems, structural maintenance programs 9rthe construction industry. d) Service structures, public or private, .designed and used to serve the, uses in the surroundin~ area,. such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. I' , 'I e) When prop~rty within a Light Industrial District abuts County State Aid Highway 75: I I . i I 65 1 i ! I i) Motels . ii) Gasoline service stations iii) Restaurant or supper clubs iv) Drive-in establishments v) Open sales or temporary rental lots Subd. 5: Lot Area Requirements. a) The lot area shall be the area of the recorded lot as filed with the Steams County Auditor's Office. The lot area shall be identified by the developer and the Planning Commission shall determine the lot has sufficient area to allow the construction and still conform with the requirements ofthis Ordinance. Subd. 6: Setback Requirements. Front Yard Setbacks: a) Front yard setback shall be thirty (30) feet from the lot line. On comer lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated by'a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yard boarding upon any roadway: the setback shall be landscaped as . in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning Commission, and shall not be used for parking. Side Yard Setbacks: a) Side yard setback shall be at least ten (10) feet from the lot line. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be permitted. c) Front yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as establishedby the Planning Commission. . 66 . . Rear Yard 'Setback: a) Re~ryard setback shall be at least twenty (20) feet, whichmay be used for parking. Subd. 7: Height Rlquirements. I I a) No building constructed in any Light Industrial District shall be more than fifty-five (55) feet i~ height. : I Subd. 8: Performance Standards. a) APPlicantslfor a pennitto <levèIop any in<luslrial property itithe City of 51 Joseph shall be required to submit a complete and accurate, statement to the Planning Commissi~n concerning the specific nature of the use to which the property is to be put. This statement shall include detailed information relative to the control of smoke, od6rs, noise, vibrations or other impacts, ås stated in Section 52.14,Subd. 19, which rµay be considered by the Planning Commission as detrimental to the health, saf~ty,and general welfare. The Planning Commission may require any additional iprormation, corrections or control deemed necessary for the protection of the public. . b) Before the ,issuance of a building permit, buildings constructed in the General Business District must have a landscape plan, approved by the Planning Commissio'n. c) Before thelissuance of abuilding permit, all buildings constructed, or undergoing exterior re~ovation or remodeling in the Light Industrial District must have. the exterior finish design and materials approved by the Planning commission. Section 52.25:E E - EDUCATIONAL - ECCLESIASTICAL DISTRICT. Subd. L Intent. Ips the intent of this district to providefor an area occupied by an educational and ecclesiastical institution. The institutions of the Order of Saint Benedict and the COllt." of Saint Berte<lict Þre<late the adoption of this Orctinance"In recognition of the historic signi cance and cultural, r~ligious and educationalfunctionoftheseinstitutions.However, this section is meant to prohibit the use' of land which would be incompatible with or detrimental to the eJsential ch~racter ofl~nd adjoining the Educational - Ecclesiastical District. Subd. 2: Permitted Uses. a) Convents I I . . 67 i I I "\ ~ b) Novitiates . c) Colleges and Universities d) College Preparatory Schools e) Churches and Similar Uses f) College Owned Student Housing Subd.3: Uses Under Special Use Permit. The following uses shall require a special use permit based on the procedure set forth in this Ordinance: a) Streets and alleys which provide a means of ingress and egress to or from the institution. Subd. 4: Permitted Accessory Uses. Accessory uses reasonably incidental to the function and purpose of permitted uses. Subd. 5: General Requirements. This Ordinance will not control generalrequirements such as lot size, density, width, height and setback requirements for buildings except in the following situations: . a) Construction of facilities must be by a building permit issued by the building inspector to. insure building code compliance, and all buildings plans must be approved by the fire inspector and planning commission for purposes of insuring access for fire fighting and police purposes. A building permit must bê issued by the building inspector and building plans approved by the fire inspector for remodeling of existing facilities for a same or similar use. b) Construction of buildings, signs or structures located within 50 feet of any boundary line of the Educational - Ecclesiastical District must conform to the applicable standards itnpòsed for the property adjoining that boundary line of the Educational - Ecclesiastical District. July 28, 1999 n/city/stjoe . 68