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Home My WebLink About1999 [04] Apr 01 {Book 16} . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, S1. Joseph, MN 56374 St. Joseph City Council (320) 363-7201 April 1, 1999 Fax: 363-0342 7:00 p.m. IIBn -00 m ~.,-~ 1. 7:00 p.m. Call to Order MAYOR 2. Approve Agenda Kenneth 1. Hiemenz 3. Consent Agenda a. Steams County Sherrif - Dare Program. Request to expend $85.50 from ::LERK! the Dare Fund for St. Joseph Dare field trip to the Law Enforcement ADMINISTRATOR Center. Rachel Stapleton b. Loss Control Seminar, April 14, 1999 St. Cloud. Requested Action: Approve attendance of Dick Taufen and Pay fees, $ 20.00 :::OUNCILORS 4. Approve Minutes - March 18, 1999 Bob Loso :::ory Ehlert 5. Bills Payable & Overtime Ken Twit 6. Treasurer's Report Wiedenfuer 7. Department Head Reports - Dick Taufen a. Water Tower Maintenance b. Well Cleaning c. Holding Pond Maintenance 8. 7:20 p.m. Public Comments to the Agenda 9. 7:30 p.m. Brimeyer Executive Search Consultants - presentation of position profile for Clerk! Administrator 10. Old Business a. Council & Board Meeting Fee Increase b. Housing Study Update 11. New Business a. Outlots, Northland Addition b. Y2K Budget Needs c. Recreation Association - Promissory Note 12. Mayors Report 13. Council Reports 14. Clerk! Administrator Reports 15. Miscellaneous & Announcement Items . 16. Adjourn ~-;¿.j-l':;jr:;jI'::1 ~r:;jl:l1 t-~ur1 ~lcHKNb LuùNlY Þ~It-t- IU ,=,.::.o~J.)4¿ I""'.\,:, STEARNS C01 SHERIFF'S DEPARD · Jim KostrebCl Doug .Pearce, Cbie) ¢<.-æo' LAW ENFORCEMENT CENTER 807 Courthouse Square P.O. Box 217 St Cloud, MN 56:302-0217 March 24, 1999 Judy - St. Joseph City Hall On May 14, 1999 at approximately 9:00 am the St. Joseph Lab School 5th Gra\ DARE students wm be leaving the St, Joseph Lab School to take a field trip to tJ Stearns County Law Enforcement Center. After the field trip is concluded at tl Law Enforcement Center at approximately 10:30 am they will be going to tl Stearns County Historical Society until they are done with their tour approximately 2:00 pm, when they will arrive back again at the St. Joseph Lê School. · I was notified by the teacher, Tess Koltes, that in order for the students participate in this trip a bus would be required from the St. Joseph Lab School . St. Cloud. There is not funding available for this bus. The cost of the bus wou be $85.50 from Trobec's Bus in St. Stephen, phone: 252-1202. Any help you would have in this matter would be greatly appreciated. A phor number I can be reached at is 259-3738, and after 3:00 pm at 252-8369. Sincerely, Robert Timothy Kantos DARE Officer/Senior Deputy RTK:ml · Nlln-ErlJer¡lllcy: (:no) 251-4240 · MministratiR Dlllm: (320) 259-3700 Fax: (320) 259-3963 - eml Dllparbnlnt: (320) 259·3720 F8x: (320) 656- -Jail Adllll,bhtlve: (320) 259-3750 Fax; (320) 259-3782 ~ LMCIT League of Minnesota Cities Insurance Trust "Cities cooperating to meet our risk management needs" 1999 Safety & Loss Control Workshops A one-day workshop on safety and loss prevention. The goal of these workshops is to focus on practical steps cities can take to avoid losses and reduce the cost of any losses that might occur. LMCIT encourages every city to send at least one person to the workshop held in your area. I The valuable information gained from these I workshops will help your city prevent future I I I claims-and by preventing just one claim, your I city could recoup the registration fee several I I times over! I Because the "Year 2000 Problem" is fast I approaching, presentations relating to the sub- jected have been highlighted. If unfamiliar with the topic, please review the LMC Year 2000 Action Guide for general background inform- Alexandria, Radisson ation. All LMC and LMCIT members were sent a copy of the guide in the fall. To purchase an Crookston, Northland Inn -April 21 additional copy, contact Kent Sulem at (651) , 215-1245 or download the document off the I Eveleth, Holiday Inri-April22 LMC webpage at www.lmnc.org. I I I Workshop agenda inside. i St. Louis Park, Double Tree Park Place Hotel I I , (jormerlytheSheraton) - April 27 . . -......-. -- - -.,.., -. --- --" . -- ------ ... I . .d_ .._ '. ..... ......-- .-.-.-.'. -'-.- .'. -:.-- -- - -,-,-,",---'::-:--,-,-,':',-,-,--. . --..------ ... -- - .. . . &.g.."¡ M;,"""" Gt;" . --.<-' '.:-:-,-:-:--.-'.-',-:-:-:-:' ,', -,.- -.-.-:-.---. '.' - --.,. ',',.--.-."-"-"..-.-.,'..',',',.. ",.',','.'". .," -----. .-.... .-.... -_....- .-._--- --- .....-.. .,.......-,' . . - - - - . d. _ '_ __,_ ___'__'_'_d '___'_,-_ __ ____ --- -- --- ---------, - - ____', __-_-c.._'__',_"_-_'_· Cj[jg'l'ro1fI04¡"g~N :-:-:-:-:-"-:"- ::---:_::_- ::-:: -:------------------- ,-:---- --:--'------,. b:1.D UIlD . ~, ~, _~_~~ _, i:tiJ,Ii.~_~:¡¡··· j Ü-j_ _lItJæú ,-~~.:_..x_._~~~~Æ~ ~£ League of Minnesota Cities (::,':~tf~~r;~~~GCjl 145 University Avenue West . St. Paul MN 55103-2044 RACHEL STAPLETON PO BOX 668 SAINT JOSEPH MN 56374-0668 ~¡:'':?tc.-Q¡:'I::.e. /111111111 III II III 11111111111111 III 111111111111/11/11/11111 II CONTINUING EDUCATION CERTIFICATES OF ATTENDANCE Anyone who would like to receive a certificate of INFORMATION attendance can ask for one at the registration desk ;:;;;:.;.:.:.;.;.:.;.;.;.;.:.; :.:.:.:.:::::=:=:=;=;.:.:::::=:::=:::::::::::=:::=:=:::=:=:::::::::::=:.:.:.: :::.:;:.:-:.:.:=:=:.:.:;:::;:.:;:;:::;:.:;:;:.:.:-:-:-;=;::.; ,.;.;::;;:;;::;.:-:.;.;.;.;.;.;.;.;.;.:.", '"':':':':.::. (i.e., for those working toward a Certified Municipal Clerk designation). POST CREDITS Fast workshop facts Police officers have been approved by the Minnesota Board of Peace Officer Standards and . Training to receive up to 5.5 hours of credit. The ./ TUITION following tracks within the workshop have been Tuition fee is $20 per person-includes approved for credit: Public Safety, Administrative all handout materials, break food and lunch. and Small Cities. Officers need to sign in at the reaistration desk the dav of the workshop to receive ./ PROGRAM SCHEDULE ~ - credit. Check-in: 8:00 am - 8:40 am MINNESOTA DEPARTMENT OF COMMERCE Program: 8:40 am - 3:30 pm Lunch: 11:30 am - 12:30 pm (provided) Insurance agents have been approved to receive 6 hours of continuing education credit. All tracks '.UESTIONS? have been approved. Agents need to sign in at the . ,ease contact Tina FoIch-Freiennuth at registration desk the day of the workshop AND (651) 215-4069 or (800) 925-1122 or e-mail need to pick up their certificates when they are at tfolch@lmnc.org. leaving for the day. ~:,::,,<;,::~~;:~::,"~~~*-~::~,:::;:~x.::::~~~~:..;:::~.::;:~::~:::::::x~::~:..:~:::.:::*:*::::~~::::«;:::~:::..:::::::::::::::::*::.::.:::::::::::;:..::..::::::::::::~ MINNESOTA DEPARTMENT OF HEALTH & POLLUTION CONTROL AGENCY INNOVATIVE SAFETY CONTEST Both water and waste-water operators have been Once again. entries of the "Innovative Safety approved to receive 5 related contact hours for the Contes;" will be displayed at the workshops. The renewal of their operator certificates. The following contest is open to public works and parks tracks within the workshop have been approved for departments that have created an innovative safety credit: Administrative, Small Cities and Public device. The top three entries will receive plaques at Works. Operators need to sign in at the registration the workshop nearest their city. For more e desk the day of the \vorkshop AND need to pick up infonnation, contact the number above. their certificates when they are leaving for the day. UNOFFICIAL . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, March 18, 1999 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Bob Loso, Cory Ehlert, Ken Twit, Mary Niedenfuer (arriving at 8:20 p.m.) Deputy Clerk Judy Weyrens. Others Present: Joseph Braun, Steve Streng, Franz Kitzberger, Erick Schreifels, Allan Brandenburger, Ted Schmid, Amy Schaefer. Mavor's Recognition Award: Mayor Hiemenz stated that he would like to thank Joe Braun for the fifteen (15) years of service he has served the City of St. Joseph on the Park Board. Braun served on the Park Board from January 1974 through January 1999. Approve Agenda: Twit made a motion to approve the agenda with the addition of item #17 - Winter Parking Restrictions; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Delinquent Utility Bill Hearing: There being no one present to appeal their utility bill, the hearing was closed at 7:05 p.m. Feasibilitv Report - 4th Avenue NE: City Engineer Amy Schaefer presented the City Council with the feasibility report for 4th Avenue NE. Schaefer stated that during the preparation of the report is was detennined that the street name would need to be changed. While the future road plans for the City named the street 4th . Avenue NE, the street aligns on the street naming grid as 6th Avenue NE. The Council discussed name options including renaming the street Northland Drive or some other name rather than a number. The Council agreed to discuss the name at a later time and for the purpose of discussion the street will be called 6th Avenue NE. Schaefer stated that the report provides the City with three alternatives for construction of 6th A venue. They are as follows: OPTION ONE: Develop the Road as a Rural Road Length of Road: 1,350 feet (from Gumtree Street East to CSAH 75) Width of Road: 26 feet Surface material: 1 inch bituminous wear, 2 inches of bituminous base and 8 inches of Class 5 Future update: The road will be designed and built to a width of 44 feet to accommodate utilities in the future. Drainage: Ditches and ponding along north side ofBN right-of-way. Utilities: None Cost: $ 150,658 OPTION TWO: Urban Street Section and Utilities Length of Road: 1,350 feet (from Gumtree Street East to CSAH 75) Width of Road: 26 feet from Fir Street to CSAH 75 (Rural); 40 feet from Gumtree east to Fir (Urban) Surface material: Same as option one for the Rural section. Urban Street section: curb, gutter, 4.5 feet of 8 inch Class 5 aggregate, 5.5 feet of2 inch bituminous base course to each side Drainage: Collected in the curb and gutter and then outlet into either the drainage pond located in Northland or into the ditches and pond along north side ofBN right-of-way Utilities: 8 inch sanitary sewer and 10 inch water main provided to the east and west of Fir Street . Cost: $ 206,606.00 March IS. 1999 Page 1 of7 UNOFFICIAL OPTION THREE: Urban Section and Utilities · Length of Road: 1,350 feet (from Gumtree East to CSAH 75) Width of Road: 40 foot Urban design road Surface material: Same as option two Drainage: Drainage between Gumtree and CSAH 75 would drain to curb, gutter and stonn drain. The stonn sewer would outlet into Northland Pond or north side ofBN right-of-way Utilities: 8 inch sanitary sewer and 10 inch water from Fir Street and connect utilities to Buettner Park Cost: $ 329,707.00 Schaefer stated that if 6th Avenue NE were to be constructed as detailed in option two, the City could work with a developer to construct an additional 18 lots. This development would help finance the improvements. Loso questioned how much of the existing hill would have to be removed for the construction. Schaefer responded that a portion ofthe hill will be removed but the materials will all be used on site. It was the consensus of the Council that the most prudent manner for development is option two. This option constructs the utilities under the roadbed and resolves issues if the utilities were to be placed along the shoulders. Hiemenz questioned if the costs indicated for option three include the extension of utilities from the Industrial Park. Schaefer stated that cost is not included. However, option three can be completed without connecting the line to the industrial park. Ted Schmid, Avon Lumber One, discussed the proposed improvements and if a lift station would need to be constructed to serve a portion of the development. Schaefer responded that a lift station is proposed north of the · existing housing development and the lots proposed between Gumtree and Fir should be able to be developed without a lift station. This in part will be detennined by the housing style developed. Hiemenz infonned the Council that the EDA will be meeting with Mr. Brandenburger and ìvfr. Schmidt to discuss the construction of 6th Avenue NE and shared development costs. The Council discussed the easement on file with Ray Brandenburger. The easement allows for deferral of assessments which is tied to development. Hiemenz will report back to the Council after meeting with the involved parties. The Council briefly discussed the assessment costs and cost to the City. The proposal does not include any oversizing and is one hundred percent assessable. Weyrens stated that while the improvement is assessable, the City would need to finance the total project. Consent A2:enda: Twit made a motion to approve the consent agenda as follows; seconded by Ehlert. a. Proclamation declaring March 20 - 31 as Dollars for Scholars weeks in St. Joseph. b. Resolution Supporting the Repeal of the State Sales Tax for Local Government purchases a. Local Government Forum, April 12, 1999 to be held at the St. Cloud Holiday Inn from 9:00 am. to 2:30 p.m. Requested Actio,,: Authorize attendance of Chad Carlson and Ken Hiemenz, paying registration fee of $ 22.00 per person Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Open to the Public: No one present wished to speak. · Bor2:ert Plat - Final Approval: The Council reviewed the final plat of SKt~ Properties. Twit questioned if the easement document should be included on the final plat. Weyrens stated that the easement needs to be included March 18. 1999 Page 2 of7 . UNOFFICIAL on the Final Plat for recording purposes. The easement provides access to lots 1,2,3. Loso made a motion to . approve the plat of SKN properties as recommended by the Planning Commission with the following contingencies: The Final Plat ofSKN Properties will include the roadway easement to provide access to lots 1, 2,3. The motion was seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Minutes City Council- March 4. 1999: Twit made a motion to approve the minutes of March 4, 1999 with the following corrections: Page 2 - Personnel Issue: (Third Sentence) Through negotiations Stapleton has agreed to be covered by COBRA restrictions... Page 5 - City Facilities: The motion was seconded "by" Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Joint City Council/P1anning Commission - February 16, 1999: Loso made a motion to approve the minutes as presented; seconded by Ehlert Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 . Joint City Council/Planning Commission - February 16, 1999: Loso made a motion to approve the minutes of February 17, 1999 as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Bills Pavable: Ehlert made a motion to approve the bills payable, check numbers 26576-26687 as presented; seconded by Loso. Discussion: Twit questioned the status of the Housing Study. Weyrens will contact AdMark and request a progress report. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carned 4:0:0 Ovetime & Callouts: Loso made a motion to approve the Overtime and Callouts as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 Treasurer's Report: Weyrens reported that the Lions Club has decided to work with the St. Joseph Chamber of Commerce for the construction of the restrooms at Memorial Park. Therefore, the City must return funds received from the Lions Club to the Lions Club. Further, the City received funds for the construction of Klinefelter Park shelter and the shelter cost were considerably less than the funds received. Therefore, the Lions are requesting this money be returned to them as well. Twit made a motion to return funding received from the . Lions Club as requested; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 March IS, 1999 Page 3 of7 UNOFFICIAL Loso made a motion to provide payroll services for the Recreation Association as in the past; seconded by . Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit Nays: None. Motion Carried 4:0:0 December 1998 RevenuelExpenditure Report: Weyrens presented the final audited revenues and expenditures for 1998. Twit questioned the proceeds from the sale of a portion of the Roske Property and how the funds are recorded. Weyrens reported that there is a Memorandum of Understanding between the City and Township of St. Joseph which details how the funds are to be recorded and disbursed. The Council requested that Weyrens send a memo St. Joseph Township stating that the City is in receipt of the proceeds. Weyrens stated that she will send a copy of the Memorandum of Understanding to the Council as well. (Niedenfuer arrives at 8:20 p.m.) The Council reviewed the Capital Outlay rollover items. Twit questioned the Emergency Siren purchased and how it was funded as it shows as a negative number. Weyrens stated that the City received donations to help offset the cost but did not record them as an offset to the expenditure. Twit made a motion to table action on the Treasurer's Report for further verification of the rollover accounts. Ayes: Hiemenz, Loso, EWert, Twit Nays: None. Abstain: Niedenfuer Motion Carried 4:0: 1 Personnel Committee Reports Twit and Ehlert presented the Council with a list of five (5) items for consideration for the 1999 Wage and . Benefits for the Non Union Employees. 1. Change in Holiday - Day after Thanksgiving: The employees have requested the Council consider allowing the day after Thanksgiving as a paid holiday in place of the current Birthday Holiday. Loso stated does not have a problem with the request as the day after Thanksgiving is a family day and feels that is important. Niedenfuer and Ehlert concurred with Loso and stated that they are uncertain as to how much activity there is that day as many places of business are closed. Twit stated it is his opinion that the City is in the service business and as such we are reducing one day that services are available. Therefore he does not agree to the change. Loso made a motion to eliminate the paid holiday in observance of the employee's birthday and add the holiday of the day after Thanksgiving. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: Twit. Motion Carried 4: 1:0 2. Pavment of Tuition: Ehlert stated that the Personnel Committee feels that continued education is important for all employees and as such have requested the Council establish a policy for reimbursement of not only the tuition, but time as well. The proposed policy would allow for reimbursement of tuition, all or in part, as detennined by demonstrated benefit to the City. Further, if the continuing education classes are scheduled during off duty hours, the employee would be compensated up to $ 10.00 per hour based on the percentage of benefit to the City. The Department Head would be responsible for determining the benefit to the City and request approval of the City Council. Loso stated that he does not feel it is necessary to pay the employee an hourly wage for attending continuing education courses. Niedenfuer stated that she feels education is important and employee's should be compensated for their time. Twit and Ehlert stated that the compensation serves as incentive to the employee. Niedenfuer made a motion to establish a continuing education policy whereby the City pay employee's . tuition cost, all or in part. The amount of tuition paid will be detennined by the Department Head and will be paid on the percentage of benefit to the City. Further, the City will pay an employee a maximum of $10.00 per hour while attending continuing education classes during off duty hours. The actual hourly March IS, 1999 Page 4 of? . UNOFFICIAL . amount paid to the employee will be based on the same percentage as the tuition reimbursement. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 3. Overtime Earned: Loso made a motion clarifying that overtime occurs when an employee has completed 40 hours for the work week (Friday through Thursday). The motion was seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 4. Vacation and Comp Time: Loso made a motion to allow employees to carry over a maximum of 160 hours of combined Vacation and Comp Time. Of the 160 hours, no more than 80 hours can be Comp Time. The motion was seconded by Twit. Discussion: Twit stated that Weyrens contacted the League of Minnesota Cities and they could not find where it has been determined to be illegal to carry forward vacation dollars rather than vacation hours. However, the League stated that they have not had this type of request before, and would caution issues including employee moral and administrative tracking as potential problems. The Council clarified that the vacation policy will include the provision that vacation in excess of the maximum carry over allowed at the employee's anniversary date will be lost. Loso stated that the proposal as presented provides for vacation to be spread out during the year and should not present a need for employees to request authorization to carry forward additional hours. During discussion the Council realized that the current Personnel Policy only allows a carry over of 40 hours instead of the 80 hours the Personnel Committee indicated. Ehlert and Twit stated it was not . their intent to provide for additional benefit and requested the motion be revised to a maximum carry over of 120 hours. Ehlert stated that he would prefer this matter be tabled so the Personnel Committee can discuss this matter with the employees. Therefore, Loso withdrew his motion. 5. Wage Increase: Loso made a motion to increase the Non Union Employee wages by 2.5 percent as recommended by the Personnel Committee; seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 The Council discussed the method in which the percentage increase is applied to the Employee Wage Scale. Loso stated the increase should only be added to the base and it will carry forward throughout the entire step system. Council Meetings: The Council established the following special Council meetings: March 23, 1999 - 7:00 p.m. City Hall- Review Personnel Policy Changes March 30, 1999 -.6:30 p.m. City Hall- Council & Planning Commission and to continue Personnel Policy changes (time pennitting) April 6, 1999 - 7:00 p.m. City Hall- Council meets as Board of Review 7:45 p.m. City Hall- Joseph Street Improvement Hearing Mayor Reports . Central MN Events Center: Hiemenz reported that the area Mayors are inviting the five area (St. Cloud, Waite Park, Sartell, Sauk Rapids and St. Joseph) City Councils and City Attorneys to a meeting on April 7, 1999 to discuss issues pertaining to the proposed Central MN Events Center. March 18, 1999 Page 50f7 . UNOFFICIAL Meetings Attended: Hiemenz reported that he attended a Joint Planning Meeting on March 18, 199 at the City . of Waite Park where Dean Barkley was the key speaker. Hiemenz stated that he also attend the open house of Borgert Products. Brimeyer Consultants: Hiemenz reported that the search process for replacing the City Clerk! Administrator is proceeding well. The consultant has been meeting with residents and representatives of the City and feels the search period can be expedited. Councilor Reports NIEDENFUER Sustainabilitv Conference: Niedenfuer requested authorization to attend a seminar on Community Sustainability on April 30, 1999. The cost of the registration is $ 20.00. Niedenfuer further stated that she has been requested to be a group leader for one of the sessions. Loso made a motion authorizing the attendance ofNiedenfuer at the Community Sustainability Conference as requested; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Healthy Communities Grant: Niedenfuer stated that the Healthy Community Grant application is progressing and the City needs to take formal action allowing the City to be the fiscal agent for the grant. Carl Samp has completed the site visit and it appears as the grant application will be accepted. Niedenfuer made a motion naming the City of St. Joseph as the fiscal agent for the Healthy Community Grant through the Central Minnesota Initiative Fund. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 . Committee on Sustainabilitv: The area Sustainability Committee is requesting the City be a sponsor for the 2nd Annual Sustainability Conference. This year's conference will focus on Tools for Smart GrO\vth. Loso made a motion to sponsor the one day workshop as in the past; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Miscellaneous: Niedenfuer questioned if the Council will be attending the WISER training as a Council. The Council agreed that Councilors can attend the session best fitting her/his schedule. LOSO Industrial Park: Loso questioned the status of the Industrial Park finances. Loso stated it was his understanding the EDA Director was in the process of compiling all the expenses, detailing which expenses are eligible for reimbursement. Weyrens stated that she will gather the expenses and have Carlson detail which are to be reimbursed. EHLERT Park Board: The Park Board is in the process of gathering information and prices for markers identifying the location of City Park's. Further, the Park Board is considering placing club insignias in the parks to which they have contributed financially. Hiemenz stated that David Klinefelter has offered to donate signs identifying the location of Brian Klinefelter Memorial Park. HUD Home: Ehlert questioned if the Building Inspector or Fire Chief have reported on the remodeling at 119 . Cedar Street East. Weyrens stated that she was uncertain as to the progress but will have information available for the next meeting. March 18, 1999 Page 6 of 7 . UNOFFICIAL . TWIT Housing Study: Twit requested information on the status of the Housing Study authorized by the City. Clerk! Administrators Report Council Salary: Weyrens stated that she contacted the League of Minnesota Cities to question whether or not the Council can increase the meeting fee prior to an election. The contact at the League stated it was their opinion that the meeting fee is considered salary and cannot be increased prior to an election. Loso and Ehlert objected to the opinion and requested this matter be referred to the City Attorney. Miscellaneous & Announcement Items Winter Parking: Loso made a motion to remove the Winter Parking Ban effective March 19, 1999; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5 :0:0 Growth Information: Niedenfuer requested that the Council consider discussing at a future meeting the information she presented on common myths of growth/development. Adiourn: Twit made a motion to adjourn at 9:45 p.m.; seconded by Loso. Ayes: Hiemenz, Ehlert, Twit, Niedenfuer Nays: Loso. Motion Carried 4: 1:0 . ') <:.. eX- ., {/()þ¡C/L-l¿J V'f . March IS. 1999 Page 7 of 7 ,P . CITY OF ST. JOSEPH 21 First Avenue NW "'.0. Box 668. 31. Joseph. MN 56374 )20) 363-7201 D&AAThŒNTOFPœUCwOmG "ax: 363-0342 Ilk ~ ¡JAVOR DATE: March 22, 1999 ·(enneth J. Hiemenz TO: Honorable Mayor and City Council :::LERK! ~DMINISTRATOR FROM: ~achel Stapleton Dick Taufen, Superintendent of Public Works :::OUNCILORS 30b Loso :::ory Ehlert (en Twit Approximately three years ago the City installed three holding ponds for Wiectenfuer storm water. Two are located near the new St Joseph Community Fire Hall and one is located near the office of Drs. Styles & Cotton on Minnesota St E. At that time the ponds were seeded with prairie grasses and flowers. For the past two years these ponds have been monitored closely by the people that seeded them. As noted in the attached memo it is suggested that the ponds be burned this year. To the best of my knowledge the City has not received any information on the proper maintenance of this type of grasses. Therefore, in an effort to protect our investment and maintain these ponds correctly it is my recommendation that the City adopt scenario number two (2). Thank you for your consideration in this matter. . .. .' ~ . ~.~!o~~~:n~'R~a~.~~ ,-y . ~ OPrairies OWetlands . o Savannas 0 Woodlands 3/3/99 '" NATURE'S ACRES J S h -fÇ """'~"Ieoo...m""'"""",,."-'i<n._ oe c a 1er Joe Bettendorf ~~. ~ Ecologist SEH.RCM ? 605 Franklin Ave. NE . _ 14088 Highway 95 NE . Office: (320) 968-4222 P.O. Box) I Foley. MN 56329 Metro/Cell: (612) 670-4969 St. Cloud. MN 56302-005 I E-mail: natacres@ecenet.com Fax: (320) 968-4223 Dear Joe. As we discussed the other day, I have put together a bid for conducting management bums at the St. Joseph ponds. I have presented two scenarios, either one of which would be fine with me. as the burns will not be particularly difficult. The burns can be conducted as early in the spring as conditions will allow, most likely around April 151 this year the way things are going. After the ponds are burned. we will have to keep an eye on them. to see what takes place. The delayed . timing on last year's mowings makes it tough to dete. rmine what stage of development the prairie is in right now. I can see a lot of tlowers on the site right now, and hopefully after a bum the grasses will come on strong. I think a mutually beneficial arrangement could be worked out with the city, and would be open to that option. or I can be the supplier of the labor. [fthe city was to provide some of the labor I would need 2-3 capable volunteers for about 3 to 5 hours mid-day. Let me know what [ need to do to proceed ¡fthe city is interested. Thanks tor giving me the opportunity to work with the city of St. Joseph on this. let me know if anything else comes up that I can help you out with. I would be interested in talking with you and the other cngin..:ers Jt the office about the benetits of using native plants. and the other services that I am going to be providing. ¡fyou think this is possible or necessary let me know and we can make some kind of arrangement. S~5'¿,#- JÚ~IT" Rcstor:l!il'n E..:ulogis! 14088 Highway 95 NE Foley. MN 56329 natacres@ecenet.com . Office (320) 968-4222 Metro/Cell. (612) 670-4969 Fax· (320) 968-4223 --- ~ ---------.------------------- ------ "-. --------.------.--------.------------- . Pnlrtes . . Wldalds . . SaWanl1S . . W.edlalds II . '. .- NATURE'S ACRES Native PI.!nl Ccmmunily . ?1a.r-r'm . Re1.~atç(\ . ),'.a{'..¡¡penl -- ~ ~.~ iJþ ~ s-' Project Bid Information Project: ìv1aintenance burns on the three existing prairies at the St. Joseph holding ponds. Proposal #1: Nature's Acres \vill provide all labor and equipment and will obtain the necessary pennits for conducting maintenance burns on the three ponds. Total......................... S550.00 . Proposal #2: Nature's Acres \\ill provide one experienced burn coordinator and appropriate bum equipment and the City of St. Joseph wil! provide 3 laborers to assist with the bums for up to 5 hours of burning. and fu1tìll any tire pennit requirements. Total......................... 5300.00 ~ 4C88 Highway 95 NE Foley. MN 56329 natacres@ecenel.ccli\ Office: (320) 968...1222 . Me\roíCell: (612) 6ïO...1969 Fax: (320) 968...1223 -~., -- - -- --'--~- ----- - - - ----._-~-----_._-- ----- -- . PfllrtlS'. . WeUaan . . SlvaDDIS . . Wlldt.ads . "*:-, 0~/261·99 FRI 15: 14 FAX 904-MAINSTREET . DRAFT St. JoseplJ" Minnesota Clerk/Administrator Position Profile The Community The City of St. Joseph in Steams County is a flourishing ccctra1 Minnesota comnnl1';ty of 4,650 located. on Highway 74, just seven miles west of St. Cloud and one hour northwest of the Twin Cities metropolitan area. The location is particularly appealing to those who prefer to live and work in a. small town setting yet have quick access to the amenities found within a larger metropolitan area. A steady, controlled residential growth h3s occurred in St. Joseph and the cnmnmn;ty is positioned fur added commercial and industrial development. Technology CQIDpanies in St. Joseph include DBL Labs Inc. and MOO Leœ Crafting. W. Gohman. Construction, Accu Serve Data Processing Setviccs, Vic West Steel, Metro Plumbing and Heating, Sunset Manufactnrlng, Scherer & Sons Trucking, and the First State Bank of St. Joseph are major employers. Two grocery stores, two service stations, several restaurants, and a variety of setVÎ~e businesses provide for 1he needs of area residents. Amoog St. Joseph's more prominent characteristics are The College of St. Benedict. the Sacred. Heart Chapel. and the St. Benedict Monastery. 'The CoUege of St. Benedict fur women and St. John's University for men are liberal arts schools founded by the :Benedictine religious comIDUIJity. St. John's University is located three miles we$; of St. Joseph in Collegevi11e. The . CoUege of St. Bwcdíct and the St. Benedict Monastery are among the City's largest employers accounting for nearly 600 jobs. The College of St. Benedict supports one of the most successful women's atb1etic programs in the country. 'The Benedict. Årt$ Center provides the community with cultural activities includmg visual arts, music, theater, and dance events. Residents of St. Joseph are also invited to use the College's pool, gymnasiDm, and Clemens Library, which opened in 1986. RECREATIONAL Located close to an abundance of wildlife, lakes, beaut:iful parks and trails, residents of St. Joseph have endless opportunities for outdoor reaeation during all seasons of the year including watking. biking. cross-çoontry skiing. swimming, and golfing. Lake Sagatagan, Lake Watab. Kraemer Lake. and the surrounding woods provide nature settings for recreational aaivities. St. Joseph's public park system features playground bcilities, recreational, and picnic;: areas. M111stream Park has two lighted. softball diamonds and an indoor shelter. The Lions and Lioness Clubs have donated more than. $80,000 to upgrade the facilities and equipment. in Milbtream Park. Other parks include Centenníal Park, the Brian Klinefelter Memorial Park. Momrmem Park. St. Joseph TownShip Pad: and Shelter, and Mem.orlld Park. Year around festlva1s organized by the City. Con~e, and civic groups are enjoyed by the entire comnmnrty aM include 131e Swayed Pines Festi:val, Spass und Speis N3ch~ Millstream Arts Festival, Community Interaction Day. and Fourth of July events. 'The St. Joseph Chamber of CoIDDleLCC supports the Dr. Kelly Award for outstanðing citiun.sbip, ft:~an oriemation events at the College, a Halloween party, the Farmers and Merchants softball event, and the Fourth of July ce1ebtatiDn. . .. <. -.~ ..... .:' ~'".. '. '-: ," .. .. '.('~' : .-..~-- '~.-, ~. ~Ä"i(i,.,,¿'~'~~~~:;;¡~:~~~~~;~~r;_~~~ 03/26/99 FRI 1~:14 FAX 904-MAINSTREET ,"- -2- SCHOOLSl.BEALmCARE . Wühin tho City of St. Joseph are two elementary scllools, one pubti¢ and one private. Kennedy Elementary School hM an enroT1ml'tlt of 370 stuc1ems in grades K4. St. Joseph Laboratory School emolls é!pp!Oxirnately 170 studen1s in grades K-6. Public and private middle schools and high schools are locattd in St. Cloud and the nearby Cities of Albany, Hold.ingford, Cold Spring. and sanen. A private high school Is 1O¢3ted at St. John's University in con~e. The City of St. Joseph is served by modeœ medî.cal facilities. St. Joseph Medical Clinic pIQVides a wide range of faD1ily care. Two dental clinics, a chiropractic clinic and a pharmacy serve area resideots. A medical van is múlable to transport patients. The St. Cloud Hospital is a full-servíce hospitalJoc:a;Wd twenty Dlinutes east on Highway 74. CITY SERVICES Protective services are provided. by the St. JQseph Police Department coDSisting of sbr; full-time officers and the St. Joseph Fi:re Department with. 30 trained volunteers. City Services include water treatment and distribution, sewage collection and treat:m.ent at the St. Cloud wastewater plant, refuse collection and dispo53L The water system consists of wellB and two wster towers. The Organization The City of St. Joseph oper~ under a Mayor/Council form of government with the Mayor serving a two-year teml and four Councllmembers serviDg four-year terms. Council meetings . are held at 7:00 PM on the first -and third Thursdays of each month. . The City employs 13 fu11-ûme and 2 part-time employees. Departm~ include Aðm;ni!i!tration, Po1ice, and Public Works. The Public Works Department consim of three full~time worl:::ers and a Director. Water, W3Stewater C()llecti.on, streets, and parn activiÌies are under the Public Works area. In 1997 the City established an Economic D5Ve1op:tnßIlt Authority with a separate Board of Directors. The Genml Fund budget is $1.3 million. The Position The CIeù:lAdministrator oversees the day-to-day affairs of the City and coordinates the operations of V3rious City Departments. Specific duties include: · Supervise all staff and pernrone1 functioIl5 directly or indirectly through subordinate supervisors . · Oversee the prepaærion and presentation of 1h~ annual budget and Capital ImproveJnents Plan. · Attend Jœetings of the City Couool, Planning C-emmi!l..'ion, Fire Board, and CORE Committee. Prepare Jnaterials for Council meetings. . I'......~-~. _.... .-,.-" +_. ~':;'.i\:.- _:_:.,....,.,_., _~_. .0 t i", ,·~,;f·..·,.·t¡"'N".¡.-.¡'\~ü.~,);,'\",~~"'i'f.;;,,.:.',...;~.r.:¡.$:;t:..?n';>~... . :\)~...~,'\~.,.0;?'2;{.,.,....7lik. .)'n.·...\~·.~··· .~.i~~\,~.'('--",.;;_I>'.."..~.;A.:. ". .,,,',,',>'''', . . . 1::. r ';. '<.",. "H"""..y~··.·.p· ., "[. . ~;':-~"',\"....H¡';';¡-~" ~":Þ.' ... _ -"'-I .... . ·.~.~i';;-;"'''',r.-l"t;''¡~ '. ~- -' - - -.,- '),,It.:_,,~ _:-~~; '" .._ . ,....:·"t _~ _~"._ -:~~_~-"¡.'f~~~<'~~ ~., 03/26/99 FRI 15:15 FAX 904-MAINSTREET . -3- · Serve as public Infonnaticm officer to respond to individuals and the media concerning the affahs of the City. · Oversee investmeuts, ~ payton, and accounting functions. · Oversee P1amûng and Zoning ac:tivities and function as a JDember of the Zoning Board of Adjustments and Appeals. · Serve as Election Official and Filing Officer. · Maintain a sound record keeping system of all minutes, correspondence. personnel files, contracts, negotiations. plans, and election. materials. · Ident:ify and make reco~atioDS to the Cotmcil on c:w:rent IIJUTlicipal issues. :insurance IÌsb, legîs1aûve mandates, and regulation changes. · Assist in p1:mning and coordinating annual City eveDts. · Assist in wñti.ng grant applications. Background and Experience . The Clerk/Administrator will possess a Bachelor's Degree (Master's preferred) in public administration or a related field and three to five years experience in a municipal management position or as an assistant in a larger govemmentd organization. The ideal candidate will have: · Broad municipal management background. · Knowledge of locaI, state, and federal laws, rules, and regulations applicable to municipal government. · Experience in budget preparation and p~entat:ion. · Strong supervisory. leadership, and delegation skills. · Understanding of commercial and 1-nrlm:tria] economic development processes including downtown deve1opmE'1lt. · Knowledge of IJ1UDÌcipal funding techniques including MSA fundiDg and grant writing. · Understmding of finance, blvesrments, and cash flow. Ability to analjZe and interpret financial statementS and fiscal reports. · BackgIOUDd in personnel issues including staff development, resttucturmg and performance eva1u.ations . · Experience in union. negotiations and labor relations. . ~- . . ~ ''!.- '- .,.' "".'> " - -.- ·.··..·......'·.v :~.~~ :~~~., ~; ~~~~~~.~ .'. .' .~'i~~\,C·";{i..i'~,:;[~':;~~i"I""~ ·:i.~~~~ü:ltf¡'":£S¡i~~~t~~I..:W~ft)"·~I'h'\:;·i(-~"'·<i~iif7'tj': ··.,i,J·." ·>..,:l'l.~~":ti1\:~';.". '.:';:~.'!-<1.:~~<~~~~~~~;..'(' ~,::."! ~a.i~;;·~'t~~1~tk?l'".'·.,~1£í,'~}:tf'.:, ~,~-', .>':~.',~>i!:~~':'.. ~.ì-',~& ~. "~~::~1t~.*< . . . ..... c{^..',\W!,.,,;¡'r~:."""""'~;'- ~~( ...+~""'.~'. .,~-"ih~:>;~T,¡\~~{,¡,~.tv..~:.;;.~".~f§,:< ..' '~;¡.i.:~»:~~it;,~i;,~. ,*-'4ffi~~~ w '~:".-~k"'-·· ~. . ¡1! ·l~~J;1r~~ . - '. -. '.-." ~'. ~ ... ~._. "...""-:..- ~.-ê.~ ,_, . ~~~. '..-f'~~"""'" 'e_> ·_'·~'-',,;.(,_:..,.".L."i" .'-~. 03/26/99 FRI H: 16 FAX 904-MAINSTREET . + . · Experience with 'hfllNÙJg development, standard subdivisions and alternative housing, matching COmItIUDÍty needs. · Co¡n¡roter skills iDcluding technology upgrades and computer ~king. · Understanding of annexation procedu!es, pllm11n,g and zonmg. and city ordinances. · Understanding of the principles of sustùnBble growth. Management Capabi1iJles · HeJp Council and staff through the transition of woåing with a Cleàl Administrator with expanded duties and responsibilities. Establish lines of authority for Counci1 and staff. Develop respect and support for the position of ClerkfAdmíni5trator. · Build relationships within each Department. Fally utilize staff CClpabillties. · Possess signifiC3Irt ability to work harmoniously and productively with elected officW.s. Be willing to 1I18b recommendations. · Gain consensus for making roodificatiow! in policies. Bring change about in an orc.1erly manner. · Effectively coJTlT1l1JT1Î~m with elected officials, staff, and cit:ize21s. . · Understmd and appreciate working and living in a small community. · Maintain a sense of balance and. hmnor about the position. Positùm. Priorllies · Meet with community leaders, col1ege representatives, civic groups, and business Ie3ders to learn more about rehtionsbips and issu~ in St. Joseph. Make every effort to be visible and accessible to cítì.ze.ns. · Implement plans for the reloc.arion of City Hall into a new facility and the renovation of the present City Hall for the Police Department. · FadIitate \he dsvelopment of a strategic planning process fur economic development. · Develop an infrastructure Ietlair and replaœment plan, specifically for cxremion of sewer êIDÛ wat.ec u.tilities. · EX3IIline Y2K ~liance issues. . - Y_":""-- . )- -", .. . ",: .:~-:-~-";,"~ . ,,~ ~ ...... . . , . . -. -' <. -'. -.' ;. . -. .- . . ",:, .. -~- ,'-.:,-' '." -.. ~ .""..' ~ :--.. =-';', . ; ~ ~'. '.~¡~-:~.{" >:.' .;~:.-,>. ,);.~); ;,~">' ;~,; Y~"{; :~,:^~. ': ~f:::~>-h~·'+V;-":N'>ÛE$.;:.';'.~,.:.:þ;'\~~!)o'~:-Û~:f:t-i¥;t~;~;W;"*:Mi.~~~~ ¥, . 0~3/26/99 FRI 1~:16 FAX 904-MAINSTREET . -5- · ExaD'1i1)¢ staffing 1effls and department structure and JDake changes accordingly. Explore options to fi111he Deputy Clerk position. arid incorporate the function of community development as part -of the City organization. · Enhance conunumcation among staff. Establish commmdcations proœ.dures for Councl:lnœmhers and the staff. · Establish regular staff mMtings. · Strengthen connections with the colleges, St. Joseph Township, nearby cities, and the county. Wod: coopentively with ex.istiD: development organintioDS in. St. Joseph and St. Cloud. ,.. Conduct a housing study in. order to determine the proper balance of rental and owner housing. · Assist in the development of the 62-acre industrial park. Announcement . Clerk/Administrator, St. Joseph. MN (pop. 4.650). Startitlg salary $45,000 10$55,000. Located seven miles west of St. Cloud and one hour IlOtthwest Of Twin Cities metro area. Position reports to Mayor serving a two-year term and four Cou:ncilmembers serving :£bur-year tenns. General Fund budget of $1.3 million and 13 full-time employees. Ftt&t time Clerk/Admin position requiring experienœ in budget/finance. economic development. organizational restrnctoring. and staff development. Reqniœ B.A. degree in public administration or related plus three to five years as mu.nicipal manager or assistant. Position Profile available. Send resume by 5/17/99 to The Brimeyer Group Executive Search; 904 Mainstreet, #205; Hopkins. MN 55343; (612) 945--0246 - phone; (612) 945"()102 . fax; E-mail: BrimGroup@ao1.com Tbnetable 5/17/99 Deadline for Application 6/17/99 Present CandIdates 6/29 and 6130/99 Interview ISelection July, 1999 Start Date . . ,. . - -"L _~. ,;'. >',-. ',y -. - - - , .~. , - " ,. - ..,}~':-';;.~~.;,' ~~ -,:).~-~Y~~:·ii.Xf~~~":;~;::~;~'~~~r.~~~~:;:..);~·_~·~.; '{;} . . - ., ... .: .,< .1:1, ':"\. j;\~~~ \~::i:~·;-·:":~·~:J:S: ';~~~:'.,~"!f--2::.:~~.-.)~.~~''- .;~: ~~.;;{f¿,:;~~:·-.~ci~-~~.~ J; ~,~ ~.\ >_ -,:_~~_·\:l:··.}i.' ~\;-~~:~;k~ - . ~ CITY OF ST. JOSEPH DEPARTMENT OF PUBliC woRKS 21 First Avenue NW P.O. Box 668. :)1. Joseph, MN 56374 :320) 363-720 I DATE: March 24, 1999 Fax: 363-0342 SJDrtp TO: Honorable Mayor and City Council '100 ~ .~ ~ -~ FROM: Dick Taufen, Superintendent of Public Works MAYOR Kenneth J. Hiemenz As you are aware, the City of St. Joseph constructed a new water tower in CLERK! 1993 which began servicing the City in August of that year. Approximately ADMINISTRATOR one year later the City contracted with AEC Engineering to complete a Rachel Stapleton coating inspection both inside and out. At that time the coatings appeared to be satisfactory, with a few minor failures in the wet area inside the tower. COUNCILORS (See copy of the corresponding report for details) Bob Loso Cory Ehlert I have enclosed a copy of the recommended maintenance schedule as Ken Twit Wiedenfuer drafted by our City Engineer. In the schedule he recommends the tower be serviced every five years. That five year period has now expired and it is time to make plans for maintenance at this time. Our previous tower was inspected and cleaned annually by Watertower Paint and Repair of Gear Lake, IA. Recently a representative of this company has contacted me with a contract proposal for performing maintenance on our present tower. I am asking the Council for consideration at this time for two reasons: 1. To allow ample time to make alternate arrangements for water with St. Benedict's as necessary. 2. To avoid conducting maintenance of the tower during times of high demand (i.e., watering outdoors, etc.) Please notify me of your decision in this matter. Also, Well Number 5 is in need of cleaning this year. May I proceed with making the necessary arrangements? Thank you for your consideration of these matters. If there are any . questions, please feel free to contact me at 363-7201. Thank you! - - . "'SEH 113 S. FIFTH AVENUE. P a. BOX 1717. ST. CLOUD. MN 56302-1717320252-4740 800572-0617 320251-8760 FAX ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTA nON May 15,1996 RE: St. Joseph, Minnesota 1992 Water System Improvements SEH No. A-STJOE 2337.00 Ms. Rachel Stapleton Clerk! Admin/Treasurer City of Saint Joseph 21 NW 1st Avenue P.O. Box 668 St. Joseph, MN 56374-0668 Dear Rachel: I have finally received the follow-up report from AEC Engineering regarding the water tower coatings, and have reviewed it with Leo Sadlo and Dick Taufen. As you may recall, we had AEC . conduct a warranty inspection of the water tower one year after it had been placed into service. Their report, dated September 6, 1994, stated the interior and exterior dry coatings were found to be in excellent condition with no coating failures noted. The interior wet coating (the inside portion of the tower holding the water) was also found to be in excellent condition, but there were some minor coating failures to repair. These failures were extremely small in area and it was my recommendation to wait one more year to see if any of the failed areas increased in size. 1v1y feeling \vas that we \vould do more damage than good in trying to repair the areas in question. The tower was reinspected on July 10, 1995, and no further corrosion was found to exist. I have reviewed this follo\v-up report with Leo and Dick, and we agree the coatings can be accepted. I n addition to the coating issue, there are several punch list items that have not been completed. We still have not received a hydrant \vTench for the small hydrant outside the tower, weather stripping has not been provided for the overhead door. and we have some concerns about the operating voltage on the No.2 motor. My recommendation is to keep the $377.00 retainage to cover the wrench and the weatherstripping, and to recheck the motor after the new water treatment plant renovation has been completed. If there is still concern regarding the voltage. CBI will be notified that this last remaining punch list item needs attention. If the voltage checks out we can close the project. . SHORT ELLIOTT HENDRICKSON INC. ST. PAUL. MN MINNEAPOLIS. MN CHfPPE'lvA FALLS. WI MADISON. ,VI LAKE COUNTY. IN EQUAL OPPORTUNITY E/"IPLOYER . ~ . Ms. Rachel Stapleton Page 2 May 15,1996 I have enclosed a draft letter to CBI for your use. If the City Council agrees with keeping the retainage and doing a follow-up check on the motor, simply modify the enclosed draft as you see fit and send it out. Please call if you have any questions. Sincerely, ~~ ~Þh R: Bettendorf, P .E. : y Engmeer djg Enclosure c: Dick Taufen, City ofSt. Joseph j Leo Sadlo, City of St. Joseph G.\STJOE',23371l\.\IY·15A96 . . -. . . May 15, 1996 Mr. Ed Schoenloeber CBI Na-Con, Inc. 601 West 143rd Street Plainfield, IL 60544 Re: 1992 Water System Improvements St. Joseph, Minnesota Dear Mr. Schoenloeber: The City of St. Joseph has conducted a follow-up inspection to the 1994 coating warranty inspection and found the coatings on the tank to be satisfactory. There were a few coating failures notes on the inside wet areas, but they are minor and will be taken care of with future maintenance. No repairs will be necessary. . The following three punch list items (dated October 18,1993) have not been taken care of: 1. City has not received a hydrant wrench for the small hydrant located just outside the tower. 2. Weather stripping has not been provided for the overhead door. ,., The No.2 motor has been noted to be operating with a higher than expected voltage. -'. We propose to keep the retainage amount of$377.00 to cover the wrench and installation of weather stripping, and consider these items closed out. The motor voltage issue, however, still needs to be addressed. The water treatment plant will be taken out of service on June 1, 1996 for approximately ten weeks for a complete renovation. You may wish to have someone check the motor before the June 1 shutdown. Thank you, and please call if you have any questions. Sincerely, Rachel Stapleton c: Joe Bettendorf, SEH . . . "'sæ 113S. FIFTH AVENUE, Po. BOX 1717. ST CLOUD. MN 56302-1717320252,4740 800572·0617 320251-8760FAX ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTATION May 12, 1997 RE: St. Joseph, Minnesota Contract II 1992 Water System Improvements SEH No. A-STJOE 2337.00 Ms. Rachel Stapleton City Clerk! Administrator City of St. Joseph 21 Northwest 1 st A venue P.O. Box 668 St. Joseph, MN 56374-0668 Dear Rachel: As noted in my letter dated May 15, 1996, there was one outstanding issue on the Water Tower project. We wanted to be sure the high service pumps were operating at the proper voltage. I have discussed this with Dick, and he feels the pumps are in fact operating properly. Therefore, we can finally close out this project. DTED has accepted the final audit, and to the best of my knowledge . all Withholding Affidavits and related documentation has been received. I hereby recommend approval of the enclosed Application for Payment No. 12. When payment is made, sign all copies and distribute as follows: CBI SEH City of St. Joseph Enclosed please find maintenance recommendations for the water tower, along with a sample specification for future paint repairs. The specification is a draft and will need to be updated when it becomes necessary to perform maintenance painting, but it should make Dick's job easier when the time for painting comes. Please call if you have any questions. Sincerely, Jos ph R. Bettendorf, P.E. Ity Engineer djg . Enclosure c: Dick Taufen, City of St. Joseph (w/enclosures) JISTJOE\23371I\N0, I JA96 SHORT ELLIOTT HENDRICKSON INC. ST PAUL. MN MINNEAPOLIS. MN CHIPPEWA FALLS. WI MADISON, WI LAKE COUNTY. IN EQUAL OPPORTUNITY EMPLOYER . "'SEH 113S. FIFTH AVENUE. P a. BOX 1717, ST. CLOUD. MN56302-1717 320252·4740 800572-CJ617 320 251-8760 FAX ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORT A nON 1992 Water System Improvements May 12, 1997 Contract II - Elevated Water Storage Reservoir St. Joseph, MN SEH No. A-STJOE 2337.00 Time Interval Level of Inspection Action 5 Years Drain tank Clean silt out of tank. Repair any corrosion 1" in Inspect surfaces visually diameter or larger. 10 Years Drain tank Power wash inside of tank following removal of silt. Do float down If mildew is excessive on exterior surface, proceed Inspect thoroughly with an external power wash. If exterior is also excessively chalked, topcoat the exterior surface following the power wash procedure. Use a . polyurethane coating system similar to the Tnemec 75 series. (Repair spot coating failures interior and exterior prior to any coating application.) 15 Years Same as 5 years Same as 5 years 20 Years Same as 10 years Same as 10 years if still good condition. If poor condition, do complete repair of inside and out. MPCA requires enclosure curtain to meet air I emulsion rules. iliiii¡¡:j,:II;~IÎII~III¡¡IIIÎ,I:I¡il¡lii:lllll:li~II!IÎ111!:IIII:::II~!I!I~::!:!:!:il¡1 Conduct float down inspection $3,000 Clean tank interior $850 Power wash tank surfaces $.50 / SF Touch up painting $3.00/ SF Top coat surface $1.50/ SF . J:\STJOE\2337I11NO-13B.96 Enclosure curtain $80,000 SHORT ELLlOIT HENDRICKSON ING. ST. PAUL. MN MINNEAPOLIS. MN CHIPPEWA FALLS. WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER . '" > . SECTION 09990 MAINTENANCE PAINTING PART 1 GENERAL 1.03 SUBMITTALS 1.01 SUMMARY A. Pre-Construction Product Data 1. Name of paint manufacturer. A. Maintenance cleaning, repair, and 2. Manufacturer's instructions for the recoating of surfaces related to water application of each product. storage facilities. 3. Proposed method of application for each product. B. Related Sections 4. Manufacturer's certification that 1. Section 02677 - Disinfection of materials are in accordance with Water Storage Facilities referenced standards and specifications. 1.02 REFERENCES 5. The foIIowing information for each product: A. American Society for Testing and a. Mixing instructions Materials (ASTM) b. Thinning recommendations . 1. Abrasion: Method ASTM D 4060 c. Percent solids (by volume) 2. Adhesion: Method ASTM D 4541 d. Theoretical spreading rate (in 3. Salt Spray Fog: Method ASTM B square feet per gaIIon at I mil 117 DFT) 4. Humidity: Method ASTM D 4585 e. Weight (per U.S. gaIIon) f. Recommended drying time (at 70 B. Steel Structures Painting Council (SSPC) degrees F) 1. SSPC-SPI - Solvent Cleaning g. Pot life 2. SSPC-SP2 - Hand Tool Cleaning h. Safety precautions 3. SSPC-SP3 - Power Tool Cleaning 6. Certified statement that all supplied 4. SSPC- VIS 1 - Visual Standard for coatings are lead free. Abrasive Blast Cleaned Steel 7. Certification that water additive is Surfaces compatible with the coating system 5. SSPC- VIS2 - Standard Method of which IS to be applied and/or Evaluating Degree of Rusting on environmentaIly safe with respect to Painted Steel Surfaces disposal. C. NACE Standard RPO 172 - Surface Preparation of Steel and Other Hard PART 2 PRODUCTS Metals by Water Blasting Prior to Coating or Recoating 2.01 PAINT MANUFACTURERS A. The paint and paint products of the . Tnemec Company, Inc., Kansas City, MO are accepted for use on this project. St. Joseph Water Tower Maintenance Painting 05/97 09990 - 1 4 . . E. Exterior surface maintenance limited to spot repair will be cleaned in accordance with SSPC SPll for the size and nature of the repair. 3.02 REPAIR COATING APPLICATION A. Following surface preparation, apply coating III accordance with manufacturer's printed directions. 1. No. of coats. 2. Mils per application. 3. Application methodes). B. Weather Conditions: 1. Apply coatings only when: a. Air and surface temperature are bebNeen 50 degrees F and 120 degrees F. b. Surface temperature is at least 5 degrees F above the dew point. 2. Do not apply coatings: a. To dusty, wet, or damp surfaces. . b. During rain, snow, fog, or mist. c. When relative humidity exceeds 85 percent. d. When relative humidity will exceed 85 percent within 8 hours. e. Disinfect tank interior wet (immersion) surface in accordance with A WW A D652 and D652 method 2. 3.03 FIELD QUALITY CONTROL A. Provide DFT measurements III accordance with SSPC-PA2__ B. Cooperate and provide safe and convenient access for observation by Owner. END OF SECTION . St. Joseph Water Tower Maintenance Painting 05/97 09990 - 3 . . VRajkOWSki 11 Seventh Avenue North ~~~~~~~I lid. P.o. Box 1433 St. Cloud. MN 56302-1433 March 23, 1999 320·251-1055 Toll Free 800-445-9617 Ms. Judy Weyrens Fax 320-251·5896 St. Joseph Deputy Clerk City of St. Joseph P.O. Box 668 rajhan@cloudneLcom St. Joseph, ~ 56374 Re: Rec. Association Our File No. 19655 Dear Judy: Enclosed herewith please find a sample Resolution and Promissory Note to complete the transaction involving the work proposed by the Rec. Association. The Resolution . would authorize the City to loan money to the Rec. Association which would subsequently be transferred to the Chamber of Commerce for use in the project. The Promissory Note would evidence the loan and set forth the repayment terms. In putting together these documents, I have looked at two issues. First, I verified that the loan of funds for this purpose would satisfy the "public purpose" requirements with Frank J. Rajkowski .. regard to any municipal spending. Several statutes authorize the expenditure of funds for park and recreational purposes. The courts have generally held that expenditures Gordon H. Hansmeier are permitted if they bring a benefit to the inhabitants of the community, when Frederick L. Grunke considered as a whole. Therefore, I believe that authorization exists for the loan of Thomas G. Jovanovich· funds to the Rec. Association for park improvements. John H. Scherer· The second issue I looked at is whether or not there is reason to be concerned that Paul A. Rajkowski· bidding requirements would be applicable since some City funds may be used to pay for the project. Interestingly, there is a federal court case that addresses this issue. Kevin F Gray In the case of Lamminen v. City of Cloquet, 987 F.8upp. 723 (Minn. 1997), the William J. Cashman Federal District Court, applying Minnesota law, held that a donation by the City of Cloquet to the Chamber of Commerce, which was used by the Chamber of Commerce Richard W. Sobalvarro to purchase Christmas decorations, did not violate the competitive bidding statutes. In that case, the Court noted that it was the Chamber of Commerce who was entering Beth 5. Thompson the contract and, therefore, the contract fell outside the bid law. Lotte R. Hansen I feel that the facts existing here better support the conclusion that bidding is not Mark E. Arneson required. The project in question is being funded primarily with funds which have . G. Hamak come from sources other than the City. The City will have no direct contact with the Patrick J. Larkin Frank J. Rajkowski and Richard W Sobalvarro are admitted to practice in North Dakota, Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. Rajkowski in Wisconsin and William J. Cashman in South Dakota. -Member of American Board of Trial Advocates. -Qualified ADR Neutral. '!!" . , ~ Ms. Judy Weyrens . March 23, 1999 Page -2- parties doing the work. The City will not be disbursing funds directly to any parties doing work or providing materials for the project. There is no stipulation as to the use of the funds, other than that they be used for the improvement or enhancement of City parks. The funds will be paid back. Based upon the above-referenced case and my review of the facts of this transaction, I am of the opinion that the bid laws are not applicable. As such, the Rec. Association, in conjunction with the Chamber of Commerce may proceed with the project as planned. Judy, I have set the Note up for three equal payments of principal and interest at a nominal rate of five percent per year. If the parties involved feel that these terms should be changed in any manner, please let me know, and I will have the appropriate changes made. Also, let me know the final dollar figure which will be part of the loan, and I will incorporate that into the final draft of the Note. Likewise, if the Council feels that there should be any changes to the Resolution, let me know. Very truly yours, RAJKOWSKI HANSMEIER LTD. . JHS jbaz Enclosure I:\gen \I9655\a103l399.011 . -- - . · RESOLUTION AUTHORIZING LOAN TO RECREATION ASSOCIATION Whereas, the S1. Joseph Recreation Association has sponsored recreational programs which have provided benefit to the inhabitants of the City of St. Joseph as a whole; Whereas, the S1. Joseph Recreation Association, in conjunction with the S1. Joseph Chamber of Commerce, intend on proceeding with the construction of a structure in Mill Stream Park which is to be donated to the City for the benefit of the St. Joseph Community; Whereas, the structure will be paid for primarily with funds raised by the Recreation Association; and Whereas, the St. Joseph Recreation Association has asked the City for a short term loan, the proceeds of which will be used by the Recreation Association to improve public park facilities and promote recreational activities within the City for the benefit of its residents: Therefore, the St. Joseph City Council HEREBY RESOLVES that the City shall loan to the S1. Joseph Recreation Association the sum of $ to be used by the Recreation Association to improve or enhance the park facilities of the City. The loan shall be in accordance with the terms of the Promissory Note attached hereto as Exhibit "A". This Resolution is adopted the day of ,1999. · Mayor Clerk n: \ city\stjoe \af032399 .251 · "" , .. $ DATE: . PROMISSORY NOTE For value received, the undersigned promises to pay to the order of The City of St. Joseph, a Minnesota statutory city, at St. Joseph, Minnesota, or at such other place as may be designated from time to time by the holder, ($ ) DOLLARS as follows: One-third (1/3) of the original principal balance, plus accrued interest, on or before ,2000. One-third (1/3) of the original principal balance, plus accrued interest, on or before , 2001. One-third (1/3) of the original principal balance, plus accrued interest, on or before ,2002. Payments shall first be applied to accrued interest and the balance to principal reduction. Interest shall accrue on the unpaid principal hereof, from the date hereof, until this Note is paid in full at the rate of five (5) percent per year, calculated on the basis of actual days elapsed on a 365 day year. . The term "indebtedness" as used herein shall mean the indebtedness evidenced by this Note, including principal, interest, and expenses, whether now due or hereafter to become due. This Note is not secured. The indebtedness shall immediately become due and payable without notice or demand upon the filing of a petition by or against the undersigned under the provisions of the Bankruptcy Code, or upon the making by the undersigned of an assignment for the benefit of its creditors. Holder is authorized to declare all or any part of the indebtedness immediately due and payable on the happening of any of the following events: 1. Failure to pay any part of the indebtedness when due. 2. Nonperformance by the undersigned of any agreement with, or any condition imposed by holder with respect to the indebtedness. Any waiver of strict performance of the terms of this Note shall not constitute a waiver on any future performance of the same term or other terms of this Note. ST. JOSEPH RECREATION ASSOCIATION By . J Its n: \ city\stjoe\ato3Z399 .2.52 EXl-jL81T ST. JOSEPH PARK BOARD . St. Joseph, Minnesota 56374 Minutes of meeting held March 16, 1999 Meeting called to order by Lonnie Abbott at 7: 15 p.m. Members present: John Walz, Marge Lesnick, Lonnie Abbott, Cory Ehlert, and Bruce Berghorst. Members Absent: Chuck Muske and Michael McDonald Minutes rrom February 23, 1999 were approved by Lonnie and seconded by Bruce with a spelling correction. Liaison Report: Cory checked on Park signs with G&K Sign Company, Fergus Falls, MN. The Lyons Club (sporting their logo) will help with cost and posting of signs. The eight signs (cost of $600) will make people aware of the Brian Kleinfelter Park, Millstream Softball Park and Memorial Baseball Park. The City EDA Director met with the sm Intern, Tom Mohs, in regard to the bike trail. Cory will get a report rrom the EDA Director to present to the Board at our next . Meeting. The Rec Association is working on bids for the Millstream softball Project. Bid came in at $130,000 - to high - will have to scale back to $90,000. They will keep working on it. No change in frisbee golf or Millstream camping. Still getting concrete bids for the hockey rink. Chairman Report: Lonnie had Cory present our past president, Joe Braun, a plaque for his nineteen years of service. He was also presented with a card and a gift certificate for brunch at the LaPlayette. Old Business Pizza Party: Marge reported the Pizza party has been postponed to a later date. Shrubs in Kleinfelter Park: Cory will contact Jason Kleinfelter in regard to what type of shrubs should be planted around the shelter in Kleinfelter Park. Bulletin Boards: Chuck will report at next meeting. Trees in Monument Park: Marge will take care of the replacement of the two infected trees in Monument Park. New Business: Park Clean-up: The date is set for May 1st. John will contact the Cub Scouts, Boy and Girl Scouts, and 4H Club to help. Meeting place: 8:am Centennial Park. - . Cement Pad: Lonnie got a bid for cement pads for picnic tables and benches . in our parks. They will cost $265 for 3'x 5' pads. Picnic Tables and Benches: John got bids for benches and tables for Kleinfelter and Northland Parks. The two benches (concrete and wood) - 6 ft. $246.75 Each. (Kleinfelter Park) Two concrete picnic tables - standard - $351. 00 each. One for Kleinfelter and Northland Parks. Marge will contact Borgerts about the cost of these items and report at our next meeting. Curbing NortWand Parking Lot: Lonnie got a bid from Kurt Schneider of $1,816.50 for 16" concrete pad (6" each side) around posted area in Northland Parking lot. Lonnie will review bid with Kurt. Bruce reported the southeast corner of Kleinfelter Park was damaged by snow- mobiles. Marge will notify maintenance Department. Reminder - Opening fishing day Fundraiser is set for May 14th and 15th Meeting adjourned at 8: 15 PM The next meeting will be held on Tuesday, April 27th, 7:pm - City Hall. Submitted by: Y?7 tUf~ þ~þ . Marge Lesnick Acting Secretary . . ~ CITY OF ST. JOSEPH ¿I First Avenue NW '.0. Box 668, k Joseph, MN 56374 F VI 320) 363-7201 °ax: 363-0342 I)8r", 'IibJ ~ ~-~ DATE: March 26, 1999 .~ ,IAYOR (enneth J. Hiemenz TO: Honorable Mayor and City Council :::LERK! FROM: City Offices and S1. Joseph Vet Clinic <\DMINISTRATOR ~achel Stapleton RE: Dog vaccination and licensing :::OUNCILORS 30b Loso :::ory Ehlert (en Twit Wiedenfuer Dr. Gene Boysen of the S1. Joseph Veterinary Clinic has again offered to sponsor a licensing clinic in cooperation with the Ci1.y. The dates are as follows: Saturday April 1 ih and April 24th License fees are $10 annually. Appointments are preferred at 363-7756. We will advertise these dates on Cable Channel 3 and the Community Sign. . "1 ::...'" .~. . Unofficial Minutes - Joint Meeting of the St. Joseph Planning Commission and St. Joseph Township Planning Board March 8, 1999. Pursuant to due call and notice thereof, the St. Joseph Planning Commission and the St. Joseph Township Planning Board met in a working session on Monday, March 8, 1999 at 7:00 p.m. in the St. Joseph City Hall. The purpose of the working session was to review and discuss the Transportation Plan of the St. Joseph Township Comprehensive Plan. St. Joseph Plannine: Commission Members Present: Chair Hub Klein. Commissioners Marge Lesnick, Gary Utsch, Kurt Schneider, Jim Graeve and Liaison Cory Ehlert. Secretary Chad A. Carlson. St. Joseph Township Plan nine: Board: John Schroeder, Matt Symalla, Jeff Janssen, and Ralph Eiynck. Others Present: Ellen Wahlstrom and Fred Sandal, APO Working Session began at 7:10 p.m. Fred Sandal, APO representative presented information from the St. Joseph Township Comprehensive Plan. The focus of the presentation centered on the development of the transportation component of the Comprehensive Plan and the philosophy of St. Joseph Township. The time frame of the Comprehensive Plan is as follows: I) Identify and resolve issues presented tonight and by the St. Joseph City Council. 2) Present the Comprehensive Plan to the public at a public hearing. 3) Adopt the Comprehensive Plan in ApriL . Sandal identified the process the St. Joseph Township Board and St. Joseph Township Planning Board went through to complete the Comprehensive Plan. The following criteria was used: 1) Land Use Planning a) Future land use b) Existing land use 2) 20 year Orderly Annexation Plan 3) 20 year Transportation Plan Sandal stated the coordination among the two jurisdictions is critical to protect future roadways within the area. Sandal finished his presentation and opened the discussion to the St. Joseph Planning Commission. Graeve questioned the purpose of the CR#2 bypass to CSAH #75. Sandal stated that the County and City of St. Joseph have shown interest in routing traffic around St. Joseph and not down Minnesota Street. Sandal further stated the exact design and alignment is still to be determined. Sandal expressed the position of the APO regarding the following corridors: I) The St. Joseph Township Transportation Plan includes a corridor study proposed by Steams County to the east of the City. APO does not support this corridor and it may be relocated due to the large wetlands in the area. 2) Typically, corridor spacing is If.¡ to Yz a mile apart to effectively move traffic in high-density areas. APO supports the conclusion by the St. Joseph Township Planning Board that l2th Avenue and Lynx Road corridors are essential to move traffic north and south. 3) APO supports the protection of the east/west corridor north of CSAH #75 to coordinate with the planning currently taking place by the City of St. Cloud. Graeve stated that the 12th Avenue corridor area should be eliminated south of the existing Pond View Ridge Addition. Graeve further stated that in his opinion the corridor area is residential in nature and does not compliment a major thoroughfare. Therefore, Graeve feels a more suitable location would be the Lynx . Road corridor. . - 1 . Schroeder stated that eliminating the 12th Avenue corridor would result in local traffic finding an alternative route, i.e. Baker Street. In Schroeder's opinion, moving traffic from 12th Avenue, which is designed to handle traffic, to Baker Street, which is not designed to handle the traffic, would not be prudent planning by the City or Township. However, Schroeder did agree that the Lynx Road corridor may be a future thoroughfare around the community and all options should remain open. Ehlert expressed concern with 12th Avenue, south of the southern east/west corridor, connecting to CR # 121. Ehlert agreed the protection of the corridor in necessary, but questioned the purpose of the connection. St. Joseph Township Planning Board informed the City Planning Commission that there are development interests in the area Ehlert is made reference to. Schroeder stated that if the corridor is not protected, the corridor may be lost. Ehlert concurred. Klein stated the Planning Commission had no intention of making 12th Avenue a collector street, nor was the Planning Commission aware of the future alignment ofCR #133 with 12th Avenue, crossing CSAH #75. Klein stated his support for preserving the corridor as the development of Pond View Ridge Addition continues and confirms the need for a corridor. However, Klein emphasized the Lynx Road as the community bypass. Utsch stated that the City needs to consider future growth in determining the need for road corridors. Utsch further stated that past mistakes can be avoided in the future by protecting certain road corridors today, and the St. Joseph Township's Transportation Plan will assist the City ofSt. Joseph in these efforts. Carlson stated that the developers ofthe Pond View Ridge Addition were required to design l2th Avenue as a collector street, thereby requiring an 80' right-of-way. . Wahlstrom stated that neither the City nor the developer notified the residents located along l2th Avenue that the street would be a collector street capable of handling large amount of traffic. Graeve stated that current development patterns show that most of the development south of CSAH #75 will be residential, and he would not support any major corridors in the area. Graeve further stated that there is no development occurring on the Lynx Road corridor and therefore suggests that this should be only location for a future north/south roadway. Sandal stated that as the City continues to grow within the orderly annexation boundaries, the elimination of road corridors will present problems for years to come. Sandal referenced current road corridor problems within the City of Sartell and the City of St. Cloud. Oraeve suggested the Planning Commission research the option oflooping 12th Avenue back to the north or a cul-de-sac. St. Joseph Township Planning Board discussed other corridors within the St. Joseph Township boundaries with the City Planning Commission and emphasized the protection of the corridors for the future. Carlson requested that St. Joseph Township reconsider the future land-use proposal to the north of the east/west corridor in the northern portion of the community. Carlson further stated that the St. Joseph Economic Development Authority has expressed their support with the Transportation Plan as presented. Sandal stated that the Comprehensive Plan will be presented to the St. Joseph Township Board on March 29, 1999 and requested that comments from the City of St. Joseph be submitted prior to the meeting. Sandal anticipates a public hearing in April. . "'-.J ~ . Graeve questioned if the Joint City and Township Planning Board would review the Comprehensive Plan. St. Joseph Planning Commission came to a consensus that the St. Joseph Township Transportation Plan is acceptable as presented. However, further discussion with the City Council and Planning Commission regarding the entire St. Joseph Township Comprehensive Plan will be done on March 10, 1999 and written comments will be submitted to the St. Joseph Township Board following that meeting. Other Business: Carlson presented a request for a building permit by Schroeder Sports for the construction ofa 10'xlO'interior office within the existing facility. Lesnick made a motion to allow Schroeder Sports to make application for a building permit for remodeling as presented. The motion was seconded by Schneider and passed unanimously by those present. Adjourn: The meeting was adjourned by consensus at 8:55. ~~. Chad A. Carlson Planning Commission Secretary . . Unofficial Minutes-Joint Meeting City Council and Planning Comnùssion March 10, 1999 Pursuant to due call and notice thereof, the Planning Commission and City Council for the City of St. . Joseph met jointly in special session on Wednesday, March 10, 1999 at 6:00 p.m. in the conference room of the Meeting Grounds. Plannin2 Commission Members: Present - Chair Hub Klein. Commissioners, Jim Graeve, Gary Utsch, Marge Lesnick and Kurt Schneider. Chad Carlson, Secretary. Absent - Kathleen Kalinowski City Council Members: Present - Mayor Kenneth J. Hiemenz. Councilors Mary Niedenfuer, Ken Twit, Cory Ehlert, and Bob Loso. Mayor Hiemenz called the meeting to order at 7:10 p.m. and stated the purpose of the meeting is to review the proposed changes to the S1. Joseph Code of Ordinances as drafted by the Planning Commission. The review began with Section 52.16 and concluded with 52.17, Subd. 5. The following changes were made: a) Language change in Section 52.16, Subd. 2 (e) - the word "less" changed to "fewer". b) Language change in Section 52.16, Subd. 2 (f) - the word "Title" changed to "Ordinance, Rules and Definitions." c) Number change in Section 52.16, Subd. 3 (c) - the number" 11" changed to "13". d) Language change in Section 52.16 , Subd. 3 (f) - should read" Public or Private schools kindergarten through graduate providing, however, that the area and location of any school and off-street parking shall be subject to the approval of the Planning Commission." e) Language change in Section 52.16, Subd. 3 (h) - should include "greenhouses". f) Language change in Section 52.16, Subd. 3 (h) - the word "met" changed to "not exceeded." g) Language change in Section 52.16, Subd. 3 (e) - the sentence should continue with "subject . to the General Requirements under Section 52.13, Subd. B." h) Language change in Section 52.16, Subd. 3 (e) (iii) - "8 percent" should be changed to "10 percent" . i) Language change in Section 52.16, Subd. 7 (a) - should read "No building shall exceed 2 \t2 stories nor shall it exceed 35 feet in height. j) Language change in Section 52.17, Subd. 2 (f) - the word "less" changed to "fewer". k) Number change in Section 52.17, Subd. 3 (c) - the number "11" changed to "13". 1) Language change in Section 52.17, Subd. 3 G) - should include "greenhouses". m) Language change in Section 52.17, Subd. 4 G) - the sentence should continue with "subject to the General Requirements under Section 52.13, Subd. B." n) Language change in Section 52.17, Subd. 4 G) (iii) - "8 percent" should be changed to "10 percent" . 0) Elimination of Section 52.17, S ubd. 5 (a). p) Elimination of Section 52.17, Subd. 5 (b). Review of the proposed changes to the S1. Joseph Code of Ordinances concluded at 7:45 p.m. Mayor Hiemenz opened discussion on the proposed S1. Joseph Township Comprehensive Plan. Carlson stated that the City Engineer and the Economic Development Authority will be submitting comments in addition to those of the City Council and Planning Commission. Carlson suggested that the Planning Commission and Council begin by reviewing the Future Land Use Plan to ensure compliance with City goals and objectives. . The following comments will be submitted to the S1. Joseph Township Board: 1) A Wetlands Inventory Map be placed over the proposed industrial use area along CSAH #75 and the wetlands indicated and defined as Open Space on the future land use map. 2) Define Open Space and its function in relation to the future land use of the area. Wetlands should be included within the definition of Open Space. 3) Commercial land use should not be adjacent to the Clinton Village Addition. Residential Mix should be considered adjacent to Clinton Village Addition, east of the proposed County Road #2 bypass. Commercial land use should be considered west of the proposed County Road #2 bypass and adjacent to CSAH #75 and 194 intersections. . Mayor Hiemenz opened the discussion on the proposed St. Joseph Township Transportation Plan. Hiemenz stated the purpose of the Transportation Plan is to protect roadway corridors in and around the community as growth continues. Considerable amount of discussion took place on the preservation of the 12th A venue corridor south of the City limits. Issues identified in the discussion were wetlands, transportation patterns, traffic volume, future development and preservation of neighborhoods. Hiemenz stated that the intent of 12th A venue as a collector street is to transport the residential population out of the area to major transportation routes. Hiemenz further stated that the proposed corridor will avoid wetlands and the speed limit would be restricted. Schneider stated that truck traffic on 12th A venue would not be an issue for the residents of the area because CSAH #75,194 and CSAH #15 are the major truck routes. Schneider further stated that truck traffic that currently exists in the community is either local traffic or the trucks are lost. Niedenfuer stated that a developer will interpret any road corridor as a road that exists and a developer will demand the road be developed. Utsch stated that if collector corridors aren't identified, a developer may design a development with internal streets and will not take into account the traffic patterns for the community as a whole. Utsch further stated that the Planning Commission and City Council must dictate where development occurs to promote orderly development in the best interest of the City. . Wahlstrom expressed concern that the "neighborhood atmosphere" of the Pond View Ridge Addition will be lost once a major thoroughfare is constructed on 12th Avenue. Hiemenz stated that 12th Avenue is not designed to be a bypass of the community, but a collector street for the areas that develop around 12th A venue. Graeve stated that the City's bypass should be the Lynx Road corridor and should be promoted as such to developers. Utsch suggested that the City Council re-establish local truck routes within the community and have the routes enforced more strictly. Schneider questioned the south loop from County Road #2 to College A venue. Schneider stated that if this is a corridor the City elects to protect, the Planning Commission must be prepared to deny any development that is proposed by the College of St. Benedict in this corridor. It was the consensus of the Planning Commission and City Council that the proposed Transportation Plan presented by the St. Joseph Township is acceptable, provided that the St. Joseph Township eliminate the proposed loop from County Road #2 to County Road # 121. Carlson stated that all the comments to the St. Joseph Township Comprehensive Plan will be compiled into written form and submitted to the St. Joseph Township Board by March 29, 1999. Adiourn: Meeting adjourned by all present, 9:30 p.m. . &~/6L- Chad A. Carlson Planning Commission Secretary . . - , :1 Mar 1999 Bills Payable Page 1 led 7:28 AM City of St. Joseph April 1, 1999 · Check Transaction Depart Number Name Amount Comments Description Fund 26699 ABBOTT, LONNIE 60.00 3 park board chair Legislative Committies 101 26700 AMERICAN BUSINESS FORMS 319.77 accounts payable checks Accounting 101 26700 AMERICAN BUSINESS FORMS 108.89 utility bills Administration and General 601 26700 AMERICAN BUSINESS FORMS 108.90 utility bills Administration and general 602 26700 AMERICAN BUSINESS FORMS 108.89 utility bills Waste Collection 603 26701 AT & T MESSAGING 46.09 6 pagers Communication Service 101 26702 BERGHORST, BRUCE 30.00 2 park board meetings Legislative Committies 101 26703 BILL WASNER'S SALES & SERVICE 390.00 snow removal truck rent Ice & Snow Removal 101 26704 CAMERA TRADER 26.61 film development Crime Control & Investigation 101 26705 CELLULAR 2000 1.60 cell phone, fire Fire Communications 105 26706 CONTINENTAL SAFETY EQUIPMENT 104.84 certification of flowtest Sewage Treatment Plant 602 26707 EHLERT, CORY 45.75 plaque, Joe Braun Park Areas 101 26708 FENEIS ENTERPRISES, INC 105.00 sign maintenance Community Sign 101 26709 FIRST STATE BANK 12.25 collection fee Administration and General 601 26709 FIRST STATE BANK 12.25 collection fee Administration and general 602 26709 FIRST STATE BANK 12.25 collection fee Waste Collection 603 26710 GALL'S INC 45.98 pants, lindgren Crime Control & Investigation 101 26711 GRAEVE, JAMES 150.00 planning 10 mtgs Legislative Committies 101 26712 GRANITE ELECTRONICS 58.57 radio holsters Street Maintanence 101 26712 GRANITE ELECTRONICS 58.57 radio holsters Park Areas 101 26712 GRANITE ELECTRONICS 58.58 radio holsters Sewage Treatment Plant 602 · 26712 GRANITE ELECTRONICS 58.58 radio holsters Administration and General 601 26712 GRANITE ELECTRONICS 69.50 repair radar unit #5 Fire Station and Building 105 26712 GRANITE ELECTRONICS 79.50 repair radar unit #5 City Hall Annex 101 26712 GRANITE ELECTRONICS 8.28 fuses Street Maintanence 101 26713 HAWKINS WATER TREATMENT GROUP 12.00 water tests Administration and General 601 26713 HAWKINS WATER TREATMENT GROUP 108.00 sewer tests Sewage Treatment Plant 602 26713 HAWKINS WATER TREATMENT GROUP 12.00 sewer tests Administration and General 601 26714 HIEMENZ, KENNETH 8.60 reimb phone calls Mayor 101 26715 K.E.E.P.R.S. INC 77.80 Bill - holders Crime Control & Investigation 101 26715 K.E.E.P.R.S. INC 49.95 Lindgren, pants Crime Control & Investigation 101 26715 K.E.E.P.R.S. INC 79.90 Meyer, shirt-holder Crime Control & Investigation 101 26715 K.E.E.P.R.S. INC 29.95 Lindgren, badgeholder Crime Control & Investigation 101 26716 KERN, DEWENTER, VIERE, LTD 4,600.00 1998 Audit, field work Audit Service 101 26717 KLEIN, HUB 200.00 planning chair, 10 mtgs Legislative Commit ties 101 26718 KUSTOM SIGNALS, INC 35.70 radar calibration Automotive Services 101 26719 LAW ENFORCEMENT LABOR SERVICES 165.00 dues, april 101 26720 LEAGUE OF MN CITIES INS TRUST 71.00 liability insurance Street Maintanence 101 26721 LEAGUE OF MN CITIES 20.00 loss control seminar,dick Street Maintanence 101 26722 LESNICK, MARGE 45.00 3 park board meetings Legislative Committies 101 26722 LESNICK, MARGE 75.00 5 planning meetings Legislative Commit ties 101 26723 LOSO, BOB 75.00 emergency service dir Emergency Siren 101 26724 LOSO, NOREEN 90.00 cable meetings, 6 Cable Access 101 26725 MACQUEEN EQUIPMENT 135.77 sweeper repairs Street Cleaning 101 26725 MACQUEEN EQUIPMENT 877.22 Brooms, sweeper Street Cleaning 101 · 31 t·1ar 1999 Bills Payable Page 2 ~'(ed 7: 28 A..'1 City of St. Joseph April 1, 1999 . Check Transaction Depart Number Name Amount Comments Description Fund 26726 ~IENARDS 30.52 shelving, Fire Department Fire Station and Building 105 26726 MENARDS 100.61 ply~ood,blades,screws Street Maintanence 101 26727 MN OFFICE OF ENVIROm1ENTAL AST 25.00 sustainable conference Council 101 26728 NAHA.'J, TOM 120.00 8 cable meetings Cable Access 101 26728 NAHAN, TOM 39.39 VCR eraser Cable Access 101 26729 NCPERS GROUP LIFE INSURANCE 30.00 life insurance 101 26731 NORTHERN STATES PO\ŒR 21.88 street lighting Signal Lights 101 26731 NORTHERN STATES POIŒR 53.58 street lighting Street Lighting 101 26731 NORTHEfu'J STATES POWER 64.78 electricity Park Areas 101 26731 NORTHERN STATES PO\'IER 25.16 electricity Ball Park and Skating Rink 101 26731 NORTHEfu'J STATES POWER 214.47 electricity City Hall 101 26731 NORTHERN STATES POWER 275.82 gas City Hall 101 26731 NORTHERN STATES POI'/ER 90.19 electricity City Hall Annex 101 26731 NORTHER. "I STATES POI'/ER 95.10 gas City Hall Annex 101 26731 NORTHEfu'J STATES POWER 19.71 electricity 11aint Shop 101 26731 NORTHEfu'J STATES POI'/ER 102.75 gas Street Maintanence 101 26731 NORTHERN STATES POWER 57.60 gas Maint Shop 101 26731 NORTHEfu'J STATES POWER 230.41 gas Street Maintanence 101 26731 NORTHEfu'J STATES PONER 21.14 electricity Comm~'ìity Sign 101 26731 NORTHEfu'J STATES PO\'/ER 152.01 electricity Storage 601 26731 NORTHEfu'J STATES PO<iER 91.94 gas Purification 601 . 26731 NORTHEfu'J STATES PONER 250.22 electricity Purification 601 26731 NORTHEfu'J STATES PO\'1ER 630.66 electricity Power and Pumping 601 26731 NŒ1.THEfu'J STATES PONER 79.81 gas Power and Pumping 601 26731 NORTHEfu'J STATES PO¡'/ER 297.64 electricity Sewage Treatment Plant 602 26731 NORTHEfu'J STATES POi'IER 192.36 gas Sewage Treatment Plant 602 26731 NORTHEfu'J STATES PO\'lER 47.34 electricity Se~er Lift Station 602 26731 NORTHERN STATES POWER 295.89 electricity Fire Station and Building 105 26731 NORTHERN STATES PONER 340.38 gas Fire Station anà Building 105 26731 NORTHERN STATES PONER 3.14 fire siren Emergency Siren 101 26732 OFFICE 1·lAX 31.79 office supplies Fire Administration 105 26732 OFFICE I,i.Þ.X 156.45 toner, storgae files Salaries & Adminstrative 101 26733 PAPA GUISSEPPE, INC 6.75 skating attendents Park Areas ..LV":" 26734 PERA 10.00 retirement Accounting 101 26735 POSTI·1ASTER 160.00 postage Crime Control & Investigatio~ 101 26736 RENGEL PRINTING 59.38 envelopes Salaries & Adminstrative 101 26737 SCP.NEIDER, KURT 150.00 10 planning meetings Legislative Committies 101 26738 S¡:>A..'JIER, GREG 75.00 5 meetings cable Cable Access 101 26739 ST. JOSZPH FIRE DEPARTI1ENT 25.30 lake region meeting Fire Training 105 26739 ST. JOSZPH FIRE DEPARTI·1ENT 400.00 state fire scheol Fire Training 105 26740 ST. JOSZPH NE\'1SLEADER 21. 68 legal ad Legislative Co~~itties 101 26740 ST. JOSEPH NEWS LEADER 35.70 sweeper ad Street Cleaning 101 26740 ST. JOSEPH ~~WSLEADER 51.00 legal, Joseph Street Street Maintanence 106 26741 ST. JOSEPH SENIOR CITIZEN 300.00 Chairs City Hall 101 26742 STEAfu'JS COOPERATIVE ELEC. ASSN 40.47 street lighting Street Lighting 101 . 1 Mar 1999 Bills payable Page 3 ed 7:28 AM City of St. Joseph . April 1, 1999 Check Transaction Depart Number Name Amount Comments Description Fund 26742 STEARNS COOPERATIVE ELEC. ASSN 296.87 street lighting Street Lighting 101 26743 STEARNS COUNTY AUDITOR-TREAS 227.70 assessment maint fee Accounting 101 26743 STEARNS COUNTY AUDITOR-TREAS 83.00 assessment maint fee Accounting 101 26744 TRI COUNTY ABSTRACT AND TITLE 20.00 assessment search 101 26744 TRI COUNTY ABSTRACT AND TITLE 1.30 sales tax, search 101 26745 UTSCH, GERALD 120.00 planning meetings, 8 Legislative Commit ties 101 26746 WALZ, JOHN 45.00 3 park board meetings Legislative Committies 101 --------- ;rand Total 15,165.43 . . Overtime and CaUouts · Rav Bechtold Mary Generous 03-06-99 2.00 hrs weekend work 03-06-99 4.00 hrs catch up 03-07 -99 2.00 hrs weekend work 03-16-99 4.50 hrs catch up 03-09-99 5.00 hrs snow removal week of 3/22 2.00 hrs shift change Brad Lindgren Jim Marthaler 03-12-99 .75 hrs meet w/employee on 03-09-99 5.50 hrs snow removal personnel issue Dick Taufen Mike Sworski 03-17-99 5.00 hrs snow removal 03-12-99 2.00 hrs weekend work 03-14-99 2.00 hrs weekend work Jeff Young 03-09-99 5.00 hrs snow removal 03-14-99 1.00 hrs DWI Arrest 03-15-99 2.00 hrs Court 03-18-99 2.00 hrs Court · · ...... ( Q) >:> 0> :t: ~ "T) I) . ëf! g:g gggg gg~ ggg ~g¡:: gggg ~g¡2g g I!!æ oui <óuioo "¡OO<ó -.tui~ 0000 OOuiNo -.tuiOOo ui :;_ C\I"(""- NIt)L{)"I:f' <DC"? ~..q-'T"- OJ~C\I T"""C"')('\JT""" "'-.::tON It) O&¡ I'-N...... ...... MN I()...... "<t...... QC 00 00 000 000 0 0 0000 0000 0 J-!I:! ~~ ~~ ~~~ ~~~ ~ ~ ~~~~ ~~~~ ~ >ëQ ON 00 ......"<tCO 00"<t 0...... I() 01()0 "<t000 N J- M M NN...... ...... 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MN 56302·1433 March 29, 1999 320-251·1055 Toll Free 800-445-9617 Ms. Judy Weyrens Fax 320·251-5896 St. Joseph Deputy Clerk City of St. Joseph P.O. Box 668 rajhan@cloudnet.com St. Joseph, ~ 56374 Re: City Council Compensation Our File No. 19655 Dear Judy: I have researched the procedure by which a City Council sets its compensation. This . research was done in response to the City Council's desire to raise its meeting compensation from $20 to $25 per meeting. This payment is made in addition to the salary of $150 per month for City Council members, and $300 for the Mayor. This issue is governed by Minn. Stat. § 415.11. The statute allows a governing body of a statutory city to fix its salary by ordinance. There is no dollar restriction as to the salary. The only guideline is that the amount shall be what "they deem Frank J. Rajkovvski lie reasonable. " Gordon H. Hansmeier The statute also provides that no change in salary shall take effect until after the next Frederick L. Grunke succeeding municipal election. Presumably, this provision is to provide a check on the Thomas G. Jovãnovich· Council's authority to raise their salary. If the Council unreasonably increases its salary, the Council would not benefit from the increase until the voters have an John H. Scherer . opportunity to remove three of the five who voted for an increase. This threat of Paul Ä. i,"ajkow5k¡- removal from office would tend to keep any increases at a reasonable rate. '<e'lin F Grâj' I spent some time trying to determine what is and is not considered "salary" for \Ni:¡¡am J. Cashman purposes of this ordinance. In particular, I was trying to determine whether or not the meeting fee could be considered as a reimbursement to the Council members, Richard W. Sobaivarro outside the salary which is governed by the statute. I was unable to find any cases or Beth 5. Thompson Attorney General's opinions in Minnesota or the surrounding states which could provide any further direction. I was unable to find any basis to support an argument ~CH:e R. ;-<, ~'sen that the meeting fee would not be governed by Minn. Stat. § 415.11. I don't believe . E. Arneson that by simply identifying compensation received for attending meetings as a meeting fee rather than salary would the Council be able to avoid the restrictions of § 415.11. Scott G. Hamak Patrick J. Larkin Frank 1. Rajkowski and Richard W Sobalvarro are admitted to practice in North Dakota, Gordon H. Hansmeier in North Dakota and Wisconsin, Paul A. Raikowski in Wisconsin and William J. Cashman in South Dakota. . -Member of American Soare! of TrÎCl.I.AdvoCJtes. -Qualified ADR t'JeutrCl.1 V Ms. Judy Weyrens . March 29, 1999 Page -2- There is a separate statute which allows for the payment of mileage to City officers who use their personal vehicles for City business. Minn. Stat. § 471.665 allows the City Council to set the amount of reimbursement for personal use of a vehicle. In addition, it is widely held that Council members may be reimbursed for traveling expenses incurred in performing the duties of their office. Although the statute requires salary increases to be set by ordinance, the Attorney General's Office has previously provided an opinion indicating that a motion adopted by the Council which is substantially equivalent to an ordinance may be given the legal effect of an ordinance with regard to an increase in salary. In summary, I believe that the Council would be restricted from raising salary or meeting fees to the extent that any increase could not be effective until after the next City Council election. The Council may set compensation for use of personal motor vehicles, and may continue to reimburse Council members for travel expenses. I believe the travel expenses could include not only mileage, but also lodging and meals. Unfortunately, I cannot find any authority distinguishing the term "salary" from "meeting fees". Although I believe that separate compensation may be set for meetings, the increase . in a meeting fee would be subject to the same statutory limitations which generally govern a raise in salary. Let me know if you or the Council have any other questions regarding this matter. Very truly yours, RAJKO_WSKI HANSMEIER LTD. - JHS /baw 1; \gen \ 19655\ a!032999.261 . . CITY OF ST. JOSEPH 21 First Avenue NW '.0. Box 668. :;1. Joseph, MN 56374 F Y I .320) 363-7201 °ax: 363-0342 IPIrtp ~;;.i 'lib) .. . =.=m ~~ MAYOR <:enneth J. Hiemenz :::LERK! Mark Zimmer has requested that two items be added to the .DMINISTRATOR Agenda as follows: hchel Stapleton 1. Request for consideration of waiving the fee for use of the :::OUNCILORS Community Events Sign by the St. Joseph Lions Club 30b Loso :::ory Ehlert See copy òf Statement attached <:en Twit ,Wiectenfuer 2. Request for Outdoor Liquor Permit. See copy of Application attached , . i 3/~ Ú(pue /t; aku a 14 ~ fJt12 j . J11 XmNl! .- CITY OF ST. JOSEPH .I First Avenue NW '.0. Box 668, STATEklENT ;1. Joseph, MN 56374 320) 363-7201 ~ax: 363-0342 BILLING DATE: March 29, 1999 Ilk ~;LJ 1IibJ ~ . ::=.., VIAYOR <:enneth J. Hiemenz ST. JOSEPH COMMUNITY SIGN RENTAL :::LERK! ADMINISTRATOR hchel Stapleton 811" N Mark Zimmer ling arne: St. Joseph lions ':::OUNCILORS Bob Loso , Cory Ehlert Address: PO Box 247 Ken Twit Wiedenfuer City/State/Zip: St. Joseph, MN 56374 Message: lions Fish Fry . , Friday, April 2nd 5 - 9 PM EI Paso Club Date: Fee: Sign: Invoice: 03-29-99 to 04-02-99 $8.00 D D TOTAL DUE THE CITY OF ST. JOSEPH $ 8.00 Communitt,J sign rental rote includes a $3.00 Administrotion Fee plus $ 7 .00 per dat,J. . Please remit the amount above to the Citt,J of St. Joseph, PO Box 668, St. Joseph, MN 56374. Thank t,Jou! ~.--- .~ ~ . APPLICATION FOR TEMPORARY OUTSIDE LIOUOR PERMIT ;-¡5qØk~ Fee: $ Date Paid: I. Name of applicant: 2. Address of licensed premises: 3. Date of outside activity: From H~ JI) - ~J-rJ.r1.to )-1 J / / J /' A '/1). mo / day /tim~ monthf day/time 4. The activity to occur will consist of: ¿J () X ;) () .f n r lðC, ,J ì~ A ì. (¿52.11. !2 Wedc!, '¡ 'j 5. The area designated for outside liquor will not exceed ~/() 0 square feet. 6. Ingress and egress will be controlled by: J3o/Î 4 Il f'él (INfÝ-ooT ,r) IJ/t T A~ tJô/() 7. A tentt'<ill/ _ will not c~ver the area. I /-Ið 11 4¡fLl' 1-/0 - 66 . 8. The estimated number of people attending will be / @ I{ ì tI/1 IJ I The number of employees working at the time of the event will be d 1J(.)f) , I ì~ ~ renT. 9. 111"11¡~ I , 10. The activities which may creat¥ noise, other than general conversations, are tbe following .AIt'd! 'è eNò mV5J r 7 1I. The following steps will be taken to reduce noise: 12. This type of event ~ / _ has not occurred in the past. Additional security will be retained by the licensee in the form of /!;a J{ I 13. fJec'¿JAI7 14. The licensee will take these additional measures for the protection of the public health, safety and repose: a.) b.) c.) . ,:3 -ô(")-99 I Date ... . . This application was reviewed by an offer of the St. Joseph Police Department on 3130 /C; 9' . The Department recommends that the Council: - Disapprove the application because: .,.¡ ~ Approve the application with the followings terms and conditions in addition to those set forth in the application: ,v/IJ- ~~~~ .P 77c// SIgnature of OffIcer .....................................................-...... -............ -................................. ---........ --.................................................................................................................................................................... This application came before the St. Joseph City Council on . Based upon the information and evidence presented, the Council hereby resolves: . - The application is granted subject to the terms and conditions set forth in the application and recommended by the Police Department as hereafter modified: _ - The application is denied based upon the following findings: Mayor Clerk/ Administrator s: \ c:ry \ S{JOC \ aro71 ::96.::52 . ~ . ~ ,. · AMENDMENT TO ORDINANCE 71. LICENSING AND REGULATION OF CONSUMPTION OF INTOXICATING LIOUOR The City Council for the City of St. Joseph, hereby RESOL YES that Section 71.11, Subd. 6, of the Code of Ordinances is rescinded and the following enacted in its place: Subd. 6: Temporary Outside Liquor PermitJ ~. a) Notwithstanding the provisions of Section 11, Subd.'s 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of the building of an "on-sale" business, pursuant to a special permit from the City. Each permit issued by the City shall be applicable for a single designated period not to exceed 48 hours. Application for permit must be made to the City Clerk at least thirty days prior to the date for which the permit is to apply. Application shall be on a form prescribed by the City Council. Application shall be made in the name of licensee, and the licensee assumes full responsibility for any violation of the terms of the permit, this Ordinance or other law resulting from acts or conduct occurring on the licensed premises at the time the permit is in effect. Application for a permit shall be 'accompanied by a permit fee established and amended from time to time by Council resolution. The fee is non-refundable. · b) Upon receipt, the Clerk shall forward the application to the Chief of Police for review, comment and recommendation. Upon completion of police review, the application shall be considered by the Council at a public meeting. Prior to meeting, the applicant shall notify the owners of property adjacent to the losatiqn of the proposed outside liquor of the pending application. c) At the meeting, the Council may either deny or grant the permit and establish reasonable conditions and regulations controlling the permitted activities. When considering a permit request, the Council shall consider the following factors: (i) Protection of the peace and repose of the residents of the City. (ü) The safety of City residents and their property. (iii) The reasonable concerns of City residents within the vicinity of the proposed activity. (iv) The nature of the activity proposed and the manner in which the licensee intends on controlling the activity. (v) The general land use of the surrounding neighborhood. (vi) Past experience with events of a similar nature and events held by the applicant. (vü) Recommendations of the Police Department relative to public safety, law enforcement and the creation of disturbance. (viii) Whether the event is one of general community interest or is in the nature · of a civic event. , , . - d) In granting a permit for temporary outside liquor, the Council shall establish - reasonable conditions to protect public health, safety, repose and property. The conditions established by the Council may include, but are not limited to, the following: (i) Limitation of the time of outside activities. (ü) Limitation of the specific activities permitted. (ill) Require measures to limit" gr regulate noise. (iv) Limit the number of participants. (v) Require the licensee to provide special security. (vi) Make special provisions for additional parking. (vü) Dictate cleanup of area. e) In addition to those stated in the permit, all temporary outside liquor permits shall be subject to the following terms and conditions: (i) Outside liquor shall only be allowed in an area adjacent to the licensed premIses. (ü) Ingress and egress to and from the area in which liquor is served, consumed or possessed must be effectively controlled by a fence, tent wall, building or other structure. (ill) The licensee, his/her agents or employees shall supervise the activities or persons within the outside liquor area for the purpose of enforcing the . state and local liquor laws, and controlling ingress and egress to the area. (iv) No live or recorded music may be played within the outside liquor area after 9:30 p.m., unless the source of the music and all speakers or amplifiers are enclosed within a tent having walls and a roof . (v) The permitted outside liquor area shall not cause an obstructIon of a public street, alley or sidewalk, unless specifically permitted by the Council. (vi) The licensee shall repair any damage to public property directly resulting from the activities, including damage to pavement caused by tent stakes and supports. This Amendment shall be effective upon approval and publication. Adopted this day of August, 1996. - ~ Mayor Clerk ":\c;ty\S[JO~\ alUìl 796.25 1 . 2