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2000 [07] Jul 20 {Book 20}
. ~ CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph City Council St. Joseph, MN 56374 July 20, 2000 (320) 363-7201 7:00 P.M. Fax: 363-0342 1. Call to Order .. 2. Approve Agenda 3. Approve Consent Agenda MAYOR Kenneth 1. Hiemenz 4. Department Head Reports a. Public Works Director Dick Taufen- b. EDA Director Chad Carlson - c. Deputy Clerk/Finance Officer Judy Weyrens - Treasurer's report CLERK! d. Gary Will- computer system, grant for administrative assistant position, penalty ADMINISTRATOR matrix Cari Schmidt 5. Approve Minutes - City Council Meeting 7/6/00 COUNCILORS 6. Bills Payable and Overtime - Bob Loso Cory Ehlert 7. Public Comments on the Agenda- .Wit , Niedenfuer 8. Seren - Franchise Agreement proposal 9. Noise violation - 8:00 -Evidentiary Hearing - 121 East Ash 10. Discussion of Changes to Ordinance 55: Housing, Maintenance and Occupancy Ordinance - recommendations from the Rental Committee 11. Joint trenching - Request from Planning Commission to implement a joint trenching policy 12. Variance request - Paul-Mar, Inc. (Chester Fried Chicken) 13. BFI - commingling program, cart proposal 14. Reports - Mayor, Council, Clerk/Administrator 15. Miscellaneous and Announcement Items 16. Adjourn . . ~o~o~o CLERK/ADMINISTRATOR MEMORANDUM O~O~O~ TO: MAYOR AND CITY COUNCIL FROM: CARl SCHMIDT - CLERK/ ADMINISTRATOR SUBJECT: MEMO FOR MEETING OF 7/20/00 DATE: 7/14/00 Council Meeting- Department Head Reports - Judy Weyrens will be presenting the Treasurer's Report. Chief Will will be looking for some direction from the Council on the computer system issue. He will also be discussing the penalty matrix for the liquor violations that was passed out at the previous meeting. There is a possibility that the grant for the administrative assistant position may still be active. If we have any new information regarding this, it will be presented at this meeting. Seren Franchise Agreement - Representatives from Seren will be present at the Council meeting to discuss their potential franchise with the City. As you know, when US Cable gained its franchise with the City, they donated $10,000 to the City that was used for cable equipment. The Cable Commission requested a similar contribution from Sereno Seren submitted a letter with a proposal for their contribution. The Cable Commission will be available at the meeting to answer any questions you may have. . Noise Violation - Evidentiary Hearing - The parties have requested an evidentiary hearing. However, they are asking for an extension/postponement until the next Council meeting. The owner is out of state and they have a local manager who deals with the property. He did not receive a notice of the violation as the notices are sent to the owner on record. He is asking for an extension to have time to prepare. Ordinance 55 - The Rental Committee recommended a number of changes to Ordinance 55. The changes are denoted in italics in the copy in your packet. Steve Hagman, the new rental inspector would like a decision made on the changes prior to conducting any of the inspections for the 2000-2001 year. John Scherer will be present to discuss the ordinance changes as well. J oint Trenching - The Planning Commission requested that the city look at adopting a joint trenching policy for all utilities and developments. There is a letter from John Scherer in your packet regarding this. Variance Request - Chester Fried Chicken - Pual Sullivan, Paul Mar, Inc. presented a proposal to the planning commission to establish a Chester Fried Chicken restaurant franchise to replace the existing Stardust Video next to Taco Johns. The Planning Commission denied the variance based on lack of parking. Paul Sullivan will be in attendance to answer any questions you have. BFI - BFI started a new commingling program for their recycling. They also would like to discuss a cart proposal for the City. There is a letter from BFI and some informational brochures included in your packet. Dave Weidenfeller and Jamie Phenow from BFI will be in attendance to answer your questions. Miscellaneous- Chad, Cory, the Mayor and myself met with the Legion on Friday the 14th to discuss the City Hall property. - Ron Euteneur, the City Building inspector did an appraisal for the City at no charge. (He is a certified - appraiser). The appraisal is in the information only portion of your packet. They are going to visit with the . membership and come back to the city with an offer at one of the meetings in August. The survey for 121 that the Council approved at the last meeting will go out on Monday, July 17th. The meeting with the Union and the stewards is on Thursday, July 20th at City Hall at 3:30 PM. Have a good weekend everyone! . - - 2 , I . I , MeITlorandutn ~~ To: Mayor and City Council CC: Cari Schmidt, City Administrator From: Gary D. Will Jr., Chief of Police Date: 07/06/00 Re: Records Management System (RMS) and Mobile Digital Terminals (MDT) As you know, our current RMS is not Y2K compliant. All of our records are dated for 1900 at this time. The situation arose because of the wait for the countywide RMê system. 1!!21~,~ow what the maximum costs are going to be for being on the countywide ~)i§t~mIlf~;,have also found out the costs for the MDT's. At this time, it appears that ~~:¡fil~'~9 do both RMS and MDT through the county. If this continues to be the ç~~;~~~F~~lwe will have problems financially in the next couple of years. h____........___._____..___...... H¡ÍyiJ!g!'ã countywide database is in the best interest of everyone. The costs though aref~ther high. I have explored other options for RMS and only a superficial review of MDT's. COSTS County-Wide RMS One-time costs RMS software license for RMS and NCIC access per station $2,500 Implementation and Support per work station $2,000 Network Router 2 needed $5,300 56k Line Installation $ 500 (Desktop PC ifour system is not capable $1,700) (Office Network Hub if our system not capable $2.000) TOTAL START-UP COSTS (3,700) $10,300 - 1 . July 6, 2000 Yearly Costs .' Annual RMS Software Maintenance Fee per station $ 425 Annual NCIC Access Fee per station $ 180 RMS Quality Control Costs through St. Cloud PD $6,000 Infrastructure Improvement Costs (RMS and/or MDT) $5.000 TOTAL YEARLY COSTS $11,605 Start up Costs $10,300 Possible Costs $3,700 Yearly Costs $11.605 TOTAL 1st Year $21,905 - $25,605 for 1 work station The computer we just purchased should be able to handle the RMS once we add a sound card to it. Our current network should handle the RMS as well. MDT According to the County, St. Cloud PD who owns the license for both RMS and MDT is requiring that in order to have one system you must have both. MDT costs are: Set-Up Costs . Semi-Ruggedized PC w/o CDPD $3,496 per unit $10,448 total Mounts, Cables and Installation $ 650 per unit $ 1,950 total CDPD $ 700 per unit $ 2,100 total One Time Mobile license $1,520 per unit $ 4,560 total Implementation and Support $2.000 per unit $ 6.000 total TOTAL SET UP COSTS $8,366 per unit $25,098 total Yearly Costs Annual Mobile Maintenance Fee $258 per unit $774 total Annual CDPD Charges $600 per unit $1,800 total Annual NCIC Access Fee $360 per unit $1.080 total TOTAL YEARL Y COSTS $1,218 per unit $3,654 total Set Up cost $8,366 Yearly cost $1.218 TOTAL 1ST YEAR $9,584 RMS 1 st year cost $21,905 MDT 1 st year cost $ 9,584 TOTAL ,#32,489 - - 2 . July 6, 2000 . , , OBTAIN LOCAL RMS - Most RMS systems that I could find cost between $9,500 and $20,000 per workstation. I did find one company, CrimeS tar that is reasonably priced. CrimeStar RMS License Fee per workstation $1,295 1 st year Support Fee $ 100 2nd and Subsequent Year Fee $ 130 per year OBTAIN LOCAL MDT To obtain our own MDT system would cost between $30,000 and $35,000 plus the same lap top and yearly user fees as above. We would also have to pay for maintenance of the main system. RECOMMENDATION: I recommend that we purchase one (1) RMS from a private company for the next 2 to 3 years then switch to the countywide RMS at that time. This will give us the . ability to budget money to handle the initial costs and yearly fees. I further recommend that we install MDT's as soon as we have the money to purchase and install them. ~ - 3 ~ - POLICE DEPARTMENT 807 Courthouse Square' P.O. Box 1616 · St. Cloud, MN 56302 ORI/MN07304000 Phone 32D-65D-3830/FAX 320-650-3839 DENNIS O'KEEFE CHIEF OF POLICE MEMORANDUM 00-123 TO : ALL STEARNS COUNTY CHIEFS OF POLICE FROM : DENNIS M. O'KEEFE, CHIEF OF POLICE DATE : JUNE 13, 2000 SUBJECT : COMPUTER SYSTEM PARTICIPATION Gentlemen: All of you are aware that we have struggled with the implementation of the computer system. The system contains some good working features and also some serious problems. The impact of those problems organizationally and financially have been significant. .Some of the problems have been resolved, others are outstanding and may never be resolved. The differences in departments . vary the impact of the system problems and failures. System features required for SCPD operation may not be of interest or need to your department Consequently, those issues may not impact your decision to participate. The bottom line is only you can make those decisions. My staff and I are ready to respond to any questions concerning the system you might have as fairly and as accurately as possible. All of you are welcome, and I urge you to make an appointment to view the system in actual operation for as long as you need to make a good decision. If after you have made your choice to participate, we must all take the good with the bad and the system will not be adjusted to meet your specific needs. SCPD is authorized and responsible for records management on the entire system, including mobile access to RMS. We do not warrant RJ"v1S or any of its features, or make any claims it will meet your needs or expectations. Ultimately the system will have an impact on your organization, and you must decide '<: the change is worth the cost ~J.. and/or inconvenience. The following is an overview of RMS and associated features as presented by staff. MAIN DATABASE The main database is now reliable. This means it does not crash every day four or five times a day like it used to. DATA TRANSFER 'BETWEEN JURISDICTIONS ~ This means your report when viewed or printed may sometimes contain names, property, evidence, etc. from your or another jurisdiction's unrelated - report, ~,.. -- The City of St. Cloud, Minnesota will not oiscriminate on the basis of race. color, creed. religion, national origin, sex, disability, age, marital status, status with regard to public assistance. familial status or sexual orientation. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all city services, programs and actlv,ties. · ~ , . , Memorandum 00-123 4IÞ Page 2 of 3 DATA TRANSFER BETWEEN CAD AND RMS Essentially the information contained in any narrative on the CAD report as provided by Communications or the officer in the field from the mobile when transferred to the main database does not populate data fields from the narrative. Data entry personnel must extract from the narrative and place in the data fields the necessary information. This only affects. you if you care whether or not the information is available for searches. On average, the process takes about four minutes for a clerical person to perform. In our case, we have 48,000 issues to bring over from CAD. Multiplying 48,000 issues times four minutes at a cost of $14.71 an hour for clerical staff equates to a $47,095 bill for labor related to this one software issue. Once again it may not be of any consequence to your organization, depending upon what you want. Also, the data transferred that -would identify which officer handled the call is often not correct. Vision Software had indicated they had corrected the problem, but it· has been verified that the defect still persists. This affects identifying which officer handled the call, officer calls for service statistics, and reliability of the application. CASE MANAGEMENT SCPD has about 8,000 plus criminal cases to manage each year, plus follow- up requirements. We use solvability factors, etc. to assess the variables; consequently, a case management system is important to us. The system is just now getting on line and mayor may not fulfill the need. CRIME AND INTELLIGENCE ANALYST 4IÞ Vision Software solution to this process is the ad hoc reporting module. Effectively it is not useable in the sense ad hoc software is not user friendly, reliable, nor does it produce accurate results. WORKLOAD DATA Workload data must be gleaned from the CAD records file. The software can only provide workload data approximately one month at a time, or the demand on the system crashes the entire CAD system. We use workload data to justify our $8 million expenditures, and we rely on it quite heavily. It is very cumbersome, but you may be able to get some useable data from the system. Unless you go downstairs to the Comm Center, it costs an extra $5,000 to get a license to have access to the CAD data. CITATION MODULE w~ write thousands of tickets for offenses other than traffic, i.e. underage consumption, disorderly conduct, etc. The most efficient way to keep notes is on the back of the ticket; however, if a full report is not written relative to the issuance of a citation, the system will not count the issue as a Part II crime and report it to the State. If the system does report it to the State, you can expect about an 52% error return from the State for the Vision RMS software. TRAFFIC ACCIDENT REPORT MODULE The Vision traffic report does not match or follow the State Accident Report. Consequently, the way you gather data is not the sequence in which you enter data. This is an inefficient way to work, and it takes a lot longer time to enter the data. We investigate about 3,000 plus accidents a year; consequently, the time to use the software is ~ exceptionally .expensive. .Currently the report does not print out ~ correctly eithér. . VISION WORD PROCESSOR Features in the Vision word processor are so minimal that many of our staff do not like to use it. We use Microsoft Word product; however, when' -- ~ . r - Memorandum 00-123 Page 3 of 3 using it the resulting documents must be attached as obj ects to the . report, which adds further steps to the printing and retrieval process. I Documents attached as objects load the server far more rapidly than simply entering the data on the system. The system works okay if you can afford to buy more servers to keep the speed of the processing up. REPORT TRANSFER AND PRINTING It is our intent to transfer reports electronically to the four prosecutors that we must deal with. There are considerable problems with printing reports to the several prosecutors. This has never been able to be accomplished up to this date. It has been almost two years. JAIL Mug shot photos are not transferable to the records reports. Physical descriptions are not matched against or added to the master records name and description file. No access is provided to investigating officers. Essentially applications of the Vision Software to the jail has had no effect whatsoever beyond that which was provided before the system went into effect. CIVIL There is no communications between civil and RMS, and we have no access. PAWN SHOP The pawn shop module may hold promise, and you should look at this to see if it meets your needs. _. . PERSONNEL AND FLEET MAINTENANCE MODULES These modules are generally mediocre to poor to unstable. . MÞ~ATORY REPORTING OF CRIME STATISTICS TO THE STATE The automatic reporting feature for reporting to CJRS does not function at this time. DATA ENTRY PROBLEMS There are a few defects in the application that cause difficulty in entering data. These include the inability to add aliases and the inability to use some descriptor fields. The next version of the RMS application is due to be released late in the year 2000. It is unkno~m if any of these problems will be cured. Several previously known defects were not cured by Vision Software when this current version was released in November, 1999. DMO:lj ~ ~ ~.~---. - ø -'.l1..l1.1.......U - .1_ .1..J!\...\.i1l;:)'-" '-'v L ~ <1gt; 1 Ul 't . ~- Please submit a CrimeS tar Order Form with your check or authorized purchase order when Accepted ordering your CrimeS tar RMS system. for Standard Version ONLY. Charges appear as Squish Internet Services Click here to get a CrimeStar Order Form in Adobe Acrobat PDF format. Version Standard Enterprise Recommended Less than 25,000 Population 25,000 to 500,000 Population for Agencies . Serving: License Cost $ 0 Base License Fee $17,000 Base License Fee + $1,295.00 per concurrent user 1 $ 2,495 per concurrent user 1 ~-- (This is a one time Fee) (These are one time Fees) Support / $100.00 per concurrent user license $400.00 per concurrent user license Maintenance ( Renewed Annually) 2 ( Renewed Annually) 2 Fee * First annual support payment due at * First annual support payment due at time of product licensing. Subsequent time of product licensing. Subsequent renewals will be invoiced renewals will be invoiced Support Aqreement (PDF) file Support Aqreement (PDF) file Availability Immediate Coming Soon ********* Product Features ********* Relational Microsoft Visual FoxPro 6.0 Microsoft SOL Server 7.0 Database True No Yes Client/Server - File Server Optional Windows NT I 2000 . ~ Required --- Workstation OIS Windows 95/98/NT or 2000 Windows 95/9B/NT or 2000 http://www.crimestar.comlcs_license.html 3/11/99 ~ Add!. None Microdoft SQL Server License Requirements (purchased seperately by customer) . Network Type Local Area (LAN) Local or Wide Area (LAN I WAN) Accidents Included Included Alarm Response Included Included File Alerts Included Included (Investigative) Arrest & Booking Included Included Bicycle Included Included Registration BOL Included Included Calls For Service Included Included Case Included Included Management! Approval Citations Included Included Community Included Included Policing . Custom Included Included Query IReports Ability to use Included Included Crystal Reports & other 3rd party reporting tools via standard ODBC Data Export Included Included Capability Field Interviews Included Included Firearm Included Included Registration Geofile Included Included Key Included Included Control/lnventory Incidents Included Included Crime Analysis Inch,ld.ed Included.. ~pping , Map Files for 50 Included Included ~ US States - http://wvvw.crimestar.comlcs_license.html 3/11/99 . ; . \....il111t:ðLallõ1 - Lll;t:U:St;/~UISL ragt: ;) Ui "t " . Master Name Included Included . Index Master Vehicle Included Included Index Pawn File Included Included Personnel, Included Included Training & ,-,,~ Equipment Inventory Photo Line-up Included Included Video Camera / Included Included Scanner Interface Property Included Included Record Included Included Edit/Delete Locking Registrants Included Included Reports (Pre- 100 + 100 + defined) . Vouchers (Cash) Included Included Warrants Included Included WSIN Card Included Included Template UCR Reports Included Included Standard & Enterprise Version: All available modules and features are included. Some unwanted or unused modules can be removed from the menu via user configuration but are not licensed seperately. Minor Included with your support and Included with your support and Updates Maintenance Fee Maintenance Fee Major Upgrade pricing available for Upgrade.pricing available for Updates licensed users, currently under licensed ,users, currently under support. support. " I Concurrent User: What does that mean? : Because CriñìeSta~ is distributed via the internet. we have no way to control the number of personal computers it is installed on. What we can control is the number of concurrent or simultaneous users on a network accessing the database. So, for example if your agency purchases a 7 user license, you can install CrimeSta( on as many networked personal computers as you wis_h within your agency, however th~ software will p'rOhibit more than 7 people from using it at any. one time. ~ This permits great flexibility at a minimal expense for your agency. Need more information --- on this and other questions regarding CrimeS tar; visit the FAQ paqe. 2 The industry mode average for annual Support and Maintenance Fees are 10%-18% of the product license fee annually. Our current support cost is 8% for our standard product http://www . crimes tar. com! cs _license.html 3/11/99 ~ . version. We intend to increase this support fee to approx. 10% of the product license cost ($130 annually) in the year 2001. Annual support fees are renewed one year from the . anniversary of licensing the product, The date that any agency will actually realize this fee increase will be on their anniversary renewal date in the year 2001. To Download a FREE evaluation copy Click Here. CrimeS tar Home I Infonnatiol1 Copyright © 1999 - 2000 Crimestar Corporation - All Rights Reserved . \ ~ ......... http://www.crimestar.com/cs_license.html 3/11/99 · , Memorandum To: Mayor and City Council cc: Cari Schmidt, City Administrator From: Gary D. Will Jr., Chief of Police Date: 07/06/00 Re: Alcohol Violation Penalties The Council directed the Police Department to propose violation/penalty sanctions for liquor license violations. Úsing the compliance program model, I make the ....... following recommendations: . ...·...!i!:!'[I!':MR~;9fViolation IS. 2nu 3ru 4w ..... 1. Comrin.·.·..··.'~§ìøìi!,ø:f' a felony to the Revocation N/ A N/ A N/ A .!:!!¡;~!! .-_... .-.--_. licensed åêti\ti!~m 2. Sale o~~~i~Ø~ºltc beverages while Revocation N/ A N/ A N/ A .... license is:µgq.êr"ß~pension ..... - 3. Sale/R1.Íì'þ1i~ebf alcoholic beverag $250 per $500 & $750 & Revocation ... to/by und¢Eå.geperson person 3-day 18-day .... ". .... Suspension Suspension 4. Sale of alcoholic beverages to $250 per $500 & $750 & Revocation obviously intoxicated person person 3-day 18-day Suspension Suspension 5. After hour sale of alcoholic 3-day 6-day 18-day Revocation beverages Suspension Suspension Suspension 6. After hours display or 3-day 6-day 18-day Revocation consumption of beverages Suspension Suspension Suspension 7. Refusal to allow Police admission 5-day 15-day Revocation N/ A To inspect premises Suspension Suspension 8. illegal gambling on premises 3-day 6-day I8-day Revocation Suspension Suspension Suspension ...-.. ~ ~'. '\~';'\:.'.":' .., -'-'~-':" -;,-- ,:_.'~·>::~)::;~~~:?:r:·'_:_-'~~~~ , 0; ., ~- 1 :: ,,~"~ .- .. ~ : '. .' . City of St. Joseph City Council Meeting . 7/6/00, 7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, July 6, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz, Cory Ehlert, Ken Twit, Mary Niedenfuer, Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Members absent: Bob Loso. Others Present :Police Chief Gary Will, Jerry Friehler, Cory Elmer, Mark Hemann, and Marie Zenner. 2. Approve Agenda -Twit made a motion to approve the agenda, seconded by Ehlert. The motion passed unanimously. 3. 7:00 Public Hearing - Hiemenz opened the public hearing and asked if anyone would like to address the Council. No-one was present for the issues. Weyrens stated that when the City Council reviewed the fees for intoxicating liquor licenses it was questioned why the club and wine license fees were not reviewed and adjusted accordingly. At that time we stated that the City would review them when they were due. The fees for wine and club are similar to the surrounding cities, unlike when we reviewed the intoxicating liquor license fee. The Council received the current statute on the limits for wine and club license fees. Based on the current membership of the Legion, the maximum fee for the license could be $500. The wine license cannot exceed one half of the intoxicating liquor license fee charged. The College of St. Benedict has a wine license which it uses for special events. The current wine . license fee is $150 and the club license fee is $200. The City received a letter from John Forsythe, the owner of Bo Diddley's regarding this issue as well. Weyrens reiterated that we are in line with other communities if the Council does not wish to change the fees at this time. Hiemenz closed the public hearing. Neidenfuer made a motion to leave the wine and club license fees as is for the 2000-2001/icense period, seconded by Ehlert. The motion passed unanimously. 4. Approve Consent Agenda - a. Application for Payment NO.3 - Cost Split for 1999 Joseph Street Business Park Improvements b. Televising Bids. Schmidt stated that the City received two bids for sewer televising: Infrastructure Technologies for $13,110 and Viking Pipe Services for $14,478. Twit asked if the City was televising the business park. Bettendorf stated that they could add that on as part of the project. Bettendorf explained that Infrastructures bid for $13,110 looks like the better bid. They would be televising the older part of town. This will give us a better idea of what our mains look like ahead of time and if we should be anticipating any problems. It would be wise to do this before other projects, so that we know what we're getting into. It will help determine where the problem areas are and what part of town we should start in first. Niedenfuer asked if any of these streets are scheduled for an upgrade. Bettendorf stated that all of them are. Twit asked where the funds will come from for this. Weyrens stated that it would come out of the sewer fund. Ehlert made a motion to accept the low bid of $13,110 from Infrastructure Technologies. Niedenfuer seconded the motion. Bettendorf stated that we would arrange the schedule with the low bidder. He mentioned that there is an additional cost for bypass pumping and any cleaning or televising that is done at night. Bettendorf stated that there is a possibility that they may have to bypass four or five times. Bettendorf -- asked for some clarification on how many times they can bypass without coming back to the City Council? Twit asked if this would require City personnel to be there at night? Bettendorf ..,.,... 1 .. . stated that they would probably want to be there, but they would probably try and limit the . amount of night televising they do. Ehlert stated that he was comfortable leaving it up to staff's discretion. The Council just doesn't want to give carte blanche to do this six or seven times without Council approval. Hiemenz called the question and the motion passed unanimously. 5. Department Head Reports - Chief Will reported that Pete Janssen has completed his probationary period and is recommending that he be taken off probation. Ehlert stated that he has heard that Pete has been doing a great job. Ehlerl made a motion to end Pete Janssen's probationary status, seconded by Twit. The motion passed unanimously. Will reported that the Council should have received the June police report, as well as are-cap of the 4th of July activities, similar to what he did for disorientation. Will also stated that he gave the Council a needs assessment for the department, but doesn't expect them to talk about it or make any decisions about it tonight. This is an item that can again be discussed at budget time. Will stated that the Council has also received a lengthy report on the computer system/records system. The City has been waiting for the County wide system to be completed. The cost estimates now are very high. They are trying to bring the costs down however. Will recommended that the City wait on becoming part of that system until the bugs are worked out in a few years. In the meantime, he recommended that the City use an interim system that would cost $1,295 plus $100 the first year and $130 for every year after that. Niedenfuer asked if they were only going to get one license. Will stated that if the ultimate goal is to get on the County system, that they would make due with one license for now. Then the department could budget for the County wide system for the future. The benefit of . the County system is that it would allow the department to communicate in real time. Will stated that he would be approaching the Council at the next meeting for an answer. Will reported that Brad Meyer has volunteered to be the Crime Prevention Officer for the City. Will would like to send him to a conference in St. Cloud in October. The cost is $75.00. Niedenfuer made a motion to approve the expenditure of $75 to send Officer Meyer to the Crime Prevention training. The motion was seconded by Ehlerl and it passed unanimously. Hiemenz stated that the June crime report had some pretty high numbers. Will stated that it was important to note that the underage consumptions were all outside of liquor establishments in the City. They were either outside or were passengers in cars that were stopped. Will stated that he drafted and sent to the bar owners an administrative penalty matrix for bar violations. The Council will also be getting them. Twit expressed concern that the Council didn't have them already as the bar owners will most likely call the Council members about it. Ehlert stated that it's important to make a compliance program that will fit the community. Hiemenz added that prevention is a cheaper solution than trying to prosecute all the crimes. Will added that Officer Windels, the Compliance Program officer will be going to the establishments to let them know that the City will be checking. Ehlert stated that he is ok with the grant proposal that Will wrote the memo about in the packet. Will explained that he spoke with the Mayor about it and that they had to make a quick decision on that if they wanted to take advantage of the grant funds. 6. Approve Minutes - Twit made a motion to approve the minutes of June fJh. seconded by Niedenfuer. The motion passed unanimously. 7. Bills Payable and Overtime/Callouts - Ehlerl made a motion to approve the bills payable. . Niedenfuer seconded the motion and it passed unanimously. 2 . . Ehlert made a motion to approve the cal/outs, seconded by Twit. The motion passed unanimously. 8. Public Comments on the Agenda - There were no public comments to the agenda. 9. Coalition of Greater Minnesota Cities - Cory Elmer of the Coalition of Greater Minnesota Cities addressed the Council. He explained that the Coalition is a nonprofit advocacy organization representing 61 cities located outside of the Twin Cities Metropolitan area. The Coalition educates legislators about issues important to Greater Minnesota cities, and gives these cities a strong voice at the Legislature through effective lobbying, through research and an active involvement in the legislative process. The Coalition is the only organization that brings Greater Minnesota city officials and legislators together to discuss the issues confronting Greater Minnesota. Elmer explained that the Coalition focuses on five major issues: Local Government aid, annexation and land use, the environment, transportation and economic development. Elmer introduced Maria Zenner who is the media and communications person for the Coalition. Zenner explained some of the different communication tools used by the Coalition. Schmidt asked Elmer about the fees involved. Elmer stated that the fee is $1.00 per capita plus $1,000. The price is cut in half for the first year, however. Ehlert stated that if the City didn't join the coalition, they would still reap the benefits of the work they do. Elmer said that is true. He explained that there is rolling admission to the organization so the City could join at any time. Hiemenz thanked them for coming and explained that the Council would probably cover this during budget time. 10. Joe Bettendorf - Grant Proposal County Road 121 - Bettendorf stated that as the Council is aware, there were not enough positive responses regarding the annexation for the County Road 121 Improvement to proceed with the project as originally planned. However, he understands that the residents along 121 are considering a separate petition for annexation . that would include only properties along the County Road. Bettendorf stated that a member of his staff who specializes in grant programs has suggested that we conduct a survey of the residents along 121 to se if the area in question meets the threshold requirements for possible grant assistance. He would like to expand the survey to include the residents along 295th Street and 103rd Avenue to see if that area would qualify either as a separate entity or in combination with the residents along CR 121. Bettendorf stated that he would like the Council's approval to conduct the survey immediately so that they can make the submittal deadlines. SEH will prepare and process that survey at no cost to the City. The survey will be confidential as it has some sensitive questions included in it. Neither the City staff nor Bettendorf will see the raw data. Return envelopes will go to the grant writer who will submit the results to us. We will need 100% response to validate the survey and the grant application. IN view of this, we will need the assistance from the City staff to chase down any responses that do not come in by mail. Bettendorf explained that even if we get 100% response from the survey, we are not guaranteed the funds. It's a win win situation though, and certainly will not hurt anything to try for it. Twit asked who the funds are provided by. Bettendorf stated that it is a federal program, but that this could make us eligible for any number of grants. The focus of the grant would be for low to moderate income areas. The rental units should help fill that requirement. Hiemenz asked if we could do the survey in sections so that if everyone on 121 responded, but not 295th we could just use the 121 area. Bettendorf said that is a good idea. He explained that all we can do is send it out and see what our response will be. There are no guarantees. Twit made a motion to authorize SEH to proceed with the survey, seconded by Niedenfuer. The motion passed unanimously, with Ehlert abstaining. 11. Mark Hemann - Golf Course Development - Mark Hemann, of the Platinum Group ....... addressed the Council. He explained that Alliance Investment, a newly formed Minnesota partnership between St. Cloud based Viking Development and Eden Prairie based Platinum - 3 . . Marketing Group, is proposing a planned 18 hole Championship Golf Course surrounded by single family, homes, townhomes and apartments in the City. This new development will · capitalize on the natural terrain and mature plantings that very few residential golf course developments possess. It is the intent of Alliance to complete the real estate development portion of the project in phases over a 7-10 year period. They anticipate entering into agreements with at least four builders to option the lots and market them from staffed and furnished houses. After further due diligence is completed, an accurate price range of homes will be determined that would attract the largest number of buyer's to the property location. It is also Alliance's intent to sell the necessary acreage to a third party for the purpose of constructing and maintaining a Championship Golf course. Alliance will assist in securing the golf course construction company, golf course financing and a golf course design team. In terms of the annexation, Alliance is prepared to pay for their pro rata share of expenses for providing City water and sewer services to the site. It is their intent to work with the City during this process to find an economical solution acceptable to all parties involved. Twit askèd how soon construction would start if the annexation goes through. Hemann said they would move dirt as soon as they could. Twit explained that there is still 1/8 of a mile that would not be covered even if the annexation goes through on 121. What are they willing to pay for that? Bettendorf stated that they would be looking at a public improvement hearing in the mid to late fall if this goes through, and asked if Hemann could respond with numbers by then. Hemann indicated that he could. Hiemenz asked if they had considered a 9 hole course instead of 18. Hemann indicated that the industry standard is now 18 holes. 12. Jerry Friehler - Legion Purchase Offer - Jerry Friehler of the Legion Club addressed the Council. They are looking to expand their club to allow for more banquet activity. They are attempting to purchase Stueve's garage for expansion. They would like to expand to the South and open up Stueve's property for parking. They are making an offer to the City of $1.00 for 65ft of lots 11 and 12. They are a community organization that puts their profits · back into the community. They feel that this is a fair price. Friehler stated that the City of Paynesville recently sold a piece of property to their Legion Club for a similar price. Hiemenz asked if he meant $1.00 per foot. Friehler said no, $1.00 total. Friehler explained that they have some commitments they must meet, including having 2/3 of this project in process by March 1, 2001. Friehler explained that they also have to have this approved at the membership meeting in July. Friehler asked the City to come up with a counter-offer. Twit stated that the City has recently dealt with a bidding situation on another piece of City property, the Roth house. In that situation, the bidder came up with a price and the City reacted to it. The City didn't make a counter offer. Twit stated that the same process should be used in this situation. Ehlert stated that he agreed. He would like to know what the fair market value for the property is. Hiemenz explained that he had requested that the City assessor come up with this figure. Ollie Lesnick, the assessor stated that he could not provide this service, but suggested that the City look at what the Legion paid for Denny Stueve's property. Friehler stated that if the City is going to be expecting the same price as they paid for Stueve's property, that they weren't interested. They had to pay more because they were actually putting Stueve out of business. Ehlert stated that he isn't saying that they should get the same price for the City hall property, but there should be some evaluation done of the fair market value. Friehler reiterated that the Legion is a non profit and that any money they make is funneled back into the community. Schmidt stated that staff could come up with a fair market value figure and set up ameeting with the EDA Director, Mayor, Ehlert and Friehler next week. Everyone agreed. 13. Marlys Sebasky - Marlys Sebasky sent an email to the City offices requesting that the City pave and put curb and gutter in front of her property. She lives at 114 2nd Avenue NE. Bettendorf stated that this isn't the first time this issue has come up. He suggested that perhaps the City no longer needs the street in front of her house and we can vacate it. · Otherwise, the City could look at other inexpensive costs. Bettendorf stated that he would 4 < . . work with staff and they would discuss some of the options with Ms. Sebasky and bring it · back to the Council at a later date. 14. Mayor's report - Hiemenz reported that he met with Bettendorf and Schmidt about the Wobegon Trail. He also spoke with Mike Rennie about the City possibly purchasing a lot for the maintenance garage. He has 400ft deep lots that might work well. The Public Works Director is also talking to Mr. Rennie. Hiemenz attended the First State Bank open house as well as a meeting with St. Bens and the County regarding some changes in their bus stops. Hiemenz also reported that the bid for 133 was awarded to Bauerly Brothers. Hiemenz reported that he met with the Fire Department about a few issues. He also got a call from Don Adams. The St. Wendel City Council would like to set up a meeting with the City Council about bringing City services to them. Twit stated that summers are short and that he does not want to have any more meetings. He stated that this issue did not arise overnight with St. Wendel and should be able to wait until the fall. Hiemenz said he would speak to the St. Wendel Mayor about doing it later into the fall. He asked for a possible date for the meeting and the Council suggested either August 23rd at 5:30 or September 6th at 5:30 Hiemenz reported that Steve Dehler has requested that the City be a proponent of keeping the post office open later. Chief Will stated that the police department would not have a problem in locking it up at night. There would just be no guarantee that they would be there at 10:00 exactly. Hiemenz stated that he would contact the postmaster to discuss the issue.. 15. Council Reports - Niedenfuer reported that the Farmers Market grand opening was a huge success. The St. Joseph Healthy Community Partners will be meeting on Monday at the Fire hall at 5:30. They are working with the Community Center group and a professor at St. Cloud State on a community survey to come out in the fall. · Ehlert reported that he had received two calls from residents on Dale and 1 Oth/11 th requesting slow children signs be placed there. Chief Will reported that he hasn't noticed any significant speeding issues in that area. Weyrens reported that the sign issues have been a real problem for the maintenance department lately. People don't want them in their yards and the department ends up having to move them over and over. Weyrens suggested that the Council have Dick Taufen look at the area and see what signs he feels are necessary and report back. Niedenfuer made a motion to have Dick Taufen and Chief Gary Will look into placing "slow children" signs on Dale and 1 dh /11th and report back to the Council if they don't feel they are necessary. Ehlert seconded the motion and it passed unanimously. Twit stated that he noticed on the calendar that bids were going out for the City hall project. He asked when and at what meeting the Council decided to go with a general contractor and not a construction manager. Schmidt stated that she and the Mayor met with GL T. Since the project was scaled back in size so much it would have been more costly to use a construction manager. The bids had to go out so Schmidt asked for their professional recommendation and they advised that a general contractor be used. 16. Clerkl Administrator Report - Schmidt reported on a few upcoming meetings. 17. Miscellaneous and Announcement Items - There were none. 18. Adjourn - Twit made a motion to adjourn at 9:45, seconded by Niedenfuer. The motion passed unanimously. Respectfully Submitted, · 5 seren innovations, inc Astound by Seren Innovations, Inc. . P.O. Box 798 Waite Park, MN 56387 Main 320-529-1300 Fax 320-529-1300 www.seren.com www.astound.net' July 14, 2000 Mayor Kenneth J. Heimenz & City Council Members City of St. Joseph 21 First Avenue NW St. Joseph, MN 56374 Dear Mayor Heimenz and Council Members: Seren Innovations, Inc. wishes to obtain a non-exclusive cable franchise in the City of St. Joseph as evidenced by our previously submitted Cable Television Franchise Application. . In requesting the franchise, Seren was informed by the City that the incumbent cable operator has "donated" $10,000 to the City towards video production equipment, and that the City asks that Seren make a similar donation. Seren wishes to point out to the City that when the incumbent began operation in the City, it had 100 percent of the customer base. If granted a franchise, Seren will come to town with a zero base - in other words, we will start offering our service in St. Joseph with no customers. We are in a situation in which we must "take" customers from the incumbent's subscriber base. If the incumbent's subscriber penetration is 70 percent of the homes passed, Seren expects to acquire approximately 35 percent of that base. In understanding this, Seren believes that our percentage of responsibility to be less than the incumbent's "donation. " Seren believes that in bringing our services of high-speed Internet, more than 230 channels of cable programming and local and long-distance telephone service, we enhance the City's appeal to high technology businesses which will be a substantial boost to the City's economic development efforts. We also bring lower cost, enhanced services and choice to the community. . ,~ :\ \ by Seren ø Innovations . City of St. Joseph July 14, 2000 Page Two In a good faith response to the City's requests, Seren is prepared to offer the following: · Seren is in the process of requesting the carriage of the St. Cloud Area Community Schools (District 742) educational channel to our St. Joseph customers. · We will be installing cable in the new City Hall and the Fire Hall to allow cable casting from either site, enabling the City to cablecast live or taped program over the network. · We also wish to enhance the video production capability by providing either a character generator or a digital telephone bridge to the City to receive and cablecast telephone questions over the City Council channel. This decision will be left to the City. We look forward to the award of a non-exclusive cable franchise to Seren to allow us to . offer your community members Astound services in early 200l. Sincerely, ~~~ Cress Gackle Manager, Franchise & Regulatory . ~ ~~ l+p4~ ~~ Seren Innovations, Inc. . A Subsidiary of Northern States Power Company 15 S. Fifth Street, Suite 500, Minneapolis, MN 55402 tel: 612.395.3500 fax: 612.395.3501 www.seren.com www.astound.net February 16, 2000 Kenneth J. Hiemenz Mayor, City of St. Joseph 21 First Avenue NW St. Joseph, MN 56374 Dear Mayor Hiemenz: This letter gives notice that Seren Innovations, Inc would like to apply for an non- exclusive cable television franchise for the City of St. Joseph. . We will be available to meet with you at your convenience to explain our cable television services. Sincerely; 4e¿~ Franchise and Regulatory cc: John Scherer Glynis Hinschberger Tom Gibbs . ,T Providers of ,:-; Cable TV, High-Speed Cable Internet and Telephone for homes and businesses ~ . " . ~ Seren Innovations, Inc. A Subsidiary of Northern States Power Company RE: Cable Television Franchise March 7, 2000· Dear Ms. Schmidt Thank you for your letter dated February23rd. Seren Innovations agrees and understands with what is included in the cities' ordinance as allowed by the FCC. We are including in this letter the following documents as per City Ordinance 36; I. Certificate of Liability Insurance certificated II. Franchise Bond III. Surety Bond We would be willing to attend any upcoming council meetings to answer any questions. I can be reached at 612-395-3514. . µ~ ~~ ?- - / .. Cress Gackle Franchise and Regulatory . 1.5 South 5th Street Suite 500 Minneapolis. MN 55402 800-550-6238 Fax 61.2 395-3501. www.seren.com .f _____ ,.... ····..:,,'G·····6',RJ·· ·m·^U·I;·,I"[j········Bw"m·· ····II"I'·'m··< \e·wllI·II~: a' ·ŒJ· ..~. 'Uif!IßM~ ··1'.41 it .;"!!" .>, . .{;;¡ ".;. ~f ti ~ .W . ,J¡; . ,. ~ 1" . "" . , tl< ~ .t)i : i'W .:..v-- : ~,;. ';1.;<:;_ ",-:'}', .-'". .,", ~~ ,".-._._ _ .... '¥ _ .-<,.. - c.. .-.', -. . :" A COR ~M )i;.?'>f}lt;':rrft)gL·{~ '. JJ!'''f ,';"7 ;~rt:?~'?tJ;'âUg~~it~íih"&. . . . .... . 'ì'!f...~ . .' ," .'. ~ ,."''''''''''.<..",.,,,. .,_.·,.,..".",..¿,f,,,.t/å""i\,,¿1t_.,,,,,2,~i!iIì1'.!l(td!ij.,,,.~.1;,\ !.Jt""Ù'i!';"'~;'~"'1~~ibi"",'.· ~% ." .. 'RODUCER (612)931-9999 FAX (612)931-0096 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ooke, Johnson & Renslow Ins. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,.smetana Dri ve ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. " #370 COMPANIES AFFORDING COVERAGE 1innetonka, MN 55343 COMPANY Assurance Company of America ,ttn: Hel en Hotze CPCU AU Ext: 236 A INSURED S I . I COMPANY Northern Insurance Co. of NY eren nnovatlons nc. B 15 South 5th Street Sui te 500 COMtNY Minneapolis, MN 55402 COMPANY D ,Ggï1¥Mgf~,,(~¡'@;~1,;t;¡:~'4l;g~~ì'l~f;t!~iItl.I'JÞarf1M%~f~iJt¡~~)liïif(A~'I'~1I:1i£"'~~~4Pj:~ÞIÂ~Ê' . . '<~I~ . THIS"IS Tc¡'cERTip(' Tl-iAl' TI·iÉ· POLíct'Ës OF'INSÚRÞ.NèÊ ÛŠTÊIJ'Î3EWW HAVE SÊÊN IŠSu'ED TO niE'INSURED NAMEDABOVË FOR THE POLICY PERIOD . . INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co . TYPE OF IN!';URANCE POLICY NUMBER : POLICY EFFECTIVE POLICY EXPIRATION LIMITS L TR - DATE (MMIDDIYY) DATE (MMICDIYY) GENERAL LIABILITY ; GENERAL AGGREGATE $.,2, 9ºQ,().oO COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2 ,000 ,OºO CLAIMS MADE X' OCCUR' PERSONAL & ADV INJURY $ 1 000 000 A . PPS35610543 06/26/1999 06/26/2000 ....J...... . OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,009,00.9 FIRE DAMAGE (Anyone fire) $1, º9º, O()º MED EXP (Anyone person) $ 10 , 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY Ie SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON..QWNED AUTOS (Per acddent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 100 000 B TC098764203 12/31/1999 12/31/2000 ' THE PROPRIETORl INCL EL DISEASE-POLICY LIMIT $ 500 000 PARTNERS/EXECUTIVE , OFFICERS ARE EXCL EL DISEASE· EA EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESISPECIAL ITEMS ertificate holder is named additional insured as respects to cable television franchise. C ERTIFICA TE HOLDER ~,:;:~;<l;;;;:~i~E~':1t:~~'~::::L£~~7~~~TI~N, :¡';?1r""'~: ..:;~r!'T¡¡;t".,t;."'}'''f.}~~~;~~;~!.í2';;,V~~~~{'!~~¡~~~$'~'f,~~~~-;,~~; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL C i t Y 0 f 5 t. J 0 s e p h --311- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 21 1st Avenue NW BUT FAILURE TO MAIL SUCH NOTICE SHALLlMPOSE NO OBLIGATION OR UABIUTY PO Box 668 OF ANY KIND UPON THE COMPANY,ITSAGE St. Joseph, MN 56374 AUTHORIZED REPRESENTATIVE Helen Hotze CPCU AU A~,2.!W.:~.5·S (1/95) . .','. <>':'?""",~.,""..:',;·:.:,J';'li':l~~".£.:.:,,,;'"·4"":b~~~.'. .- . ACKNOWLEDGMENT BY SURETY STATE OF Minnesota } ss. County of Hennepin On this 2nd day of March 2000 , before me personally , appeared Susan M. Van Prooyen , known to, me to be the Attorney-in-Fact of Reliance Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, lhave hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. . .....--_..^'~~. .".........M"t'..-.~...-.. V' t -.:<J~:~- "Z· ~ NARD f./:?-:ë..i;:"~ \:riAt10N R. LEO \ ,0Æo'00": o/;J NO"ARY PUBlIC·",'NE&aTA . . ";::,,:~'." '. :,;'} I ,. 4 { :>. ,..":h" !o"l Cø'r.rnI"M ExfIru .:on. .1, 2C03 (Seal) ..~ .~,..~~ ~··:..I..,.i......".,..tN..~~-·_v_--~. . I S-0230/GEEF 2/98 . . . I ! ! I. i RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY uNITED PACIFIC INSURANCE COMPANY - RELIANCE NATIONAL INDEMNITY COMPANY t)~ ?~ I STATE OF Pennsylvania . -\ S8. COUNTY OF Philadelphia I -.. I On thia, Auguat 4, 1999. before me; Val.ncla Worthlm.~personally appa~red David T. Ak..... who acknowledged himself to be the Senior Vice I President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company. United Pacific Insurance Company. and Reliance National Indemnity Company and that as such. being authorized to do so, executed the foregoing instrument for the purpose therein I contained by signing the name of the corporation by himself as its duly authJrized officer. In witness whereof, I hereunto set my hand and official seal. ~~W~ I Notarial Seal ValenCI6 Wortham, Notary PUblIc Philadelpnia, Philadelphia County Notary Public in and for the State of Pennsylvania _ . My Commission Expires NoY. 18,2000 Residing at Philadelphia - ~ ~';-.r. ....r;. IN WITNESS WHEREOF, I hà"" ~~e!~~t?.~t my hand and affixed the seal. of .aid Compani~. thi. Znd ~ay of.··. March . . :-".- '~_"'''I_:...~..}.~,-.. - - '_. ,',;"- . ::., ." .._~ _....... ".'_ ....... I. I -':\ I I : . . . . .;', ,~" t' ~ FRANCHISE BOND . Bond No. 2882374 KNOW ALL MEN BY THESE PRESENTS, THAT SEREN INNOVATIONS. INC., as Principal, and RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, having its executive office in Philadelphia, Pennsylvania, as Surety, are held and firmly bound unto THE CITY OF ST. JOSEPH. MINNESOTA, hereinafter referred to as Obligee, in the penal sum of Seven tv-Five Thousand and No/I00-----Dollars ($75.000.00), for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or paid, the number of customers to the system and/or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to the Principal to use the public streets and places within the Municipality to OPERATE. CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEMS within said CITY OF ST. JOSEPH, MINNESOTA. NOW, THEREFORE, the condition of this obligation is such, that if the above bound Principal shall faithfully perform, well and truly observe and fulfill the terms and conditions of the ffanchise, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled or terminated. PROVIDED, HOWEVER, is shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date . and nature of such default shall be immediately delivered to the Surety be certified mail at 4 Penn Center Plaza, Third Floor, Philadelphia, Pennsylvania 19103. AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within twelve months after an act of breach or cancellation of this bond or termination of said ffanchise, whichever occurs first. This Bond may be terminated or canceled by the Surety by giving thirty (30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the 2nd day of March, 2000. Witness: SEZVATI5'NS~ ?~?' ~~~-C BY'~ ~ ~ . Approved and Accepted by: . . City of St. Joseph, Minnesota I~CAROLEA.WALLACEI . NOTARY PUBLIC - MINNESOTA My Comm. expires Jan. 31. 2005 . . t, .- .' . CERTIFICATE OF INCUMBENCY I, JOHN P. MOORE, JR., do hereby certify that I am Corporate Secretary of Seren Innovations, Inc., a Minnesota corporation, and as such Corporate Secretary I have access to all original records of said corporation. I do hereby further certify that CRESSTON GACKLE is Assistant Secretary of Seren Innovations, Inc., and that the following is a specimen of his signature. ~·L~ . Cresston Gackle IN WITNESS WHEREOF, I have hereunto set my hand and affIXed the seal of said corporation this -,[)Jt.day of July, 1999. (Corporate Seal) . , . . " Subj: FW: Hello ~te: 7/14/0010:51:39 AM Central DaylightTtme om: NOREEN.LOSO@fingerhut.com (Loso, Noreen) 0: nloso@aol.c~m ('nloso@aol.com') -----Original Message----- From: Loso, Noreen Sent: Thursday, July 06, 20004:13 PM To: 'Vincent, Joan' Subject: RE: Hello Our current equipment includes: GYX3U JVC PRO SVHS camera AAP250U PRO AC adapter/charger 3069 Bogen Tripod and Head Scala Multimedia CG bulletin Board/Monitor JVC PRO edit recorder Leightronix Event Controller Studiomaster 12 channel mixer AG1310 Panasonic PRO VHS VCR (6) Leightronix Control cables Philips PB5013C Monitor Radio Shack Amplifier/Receiver/Speakers/Cables BK450 Power Backup ~hat we are looking to add are:(this really is a wish list!) 3 wide zoom remote cameras with mounts and power supplies controller switcher 3 black and white video monitors 1 color preview monitor (seren broadcast) Character generatorffitle Maker text editor document camera and projector AG1310 Panasonic Pro VHS VCR (6) 2 unit workstation laser printer fax machine scanner -----Original Message----- From: Vincent, Joan [mailto:JVincent@seren.com] Sent: Wednesday, July OS, 2000 1 :37 PM To: 'NOREEN.LOSO@fingerhut.com' Subject: Hello . Hi. Has Cress Gackle been in touch with you wry recently? He suggested that I ask you to put a list together of what equipment you have and what equipment you'd like to haw (a wish list -- not that we'd giw all of it, of course) and get it to me. Is that possible? This week? (I know there isn't much left of this week.) Call or "e" if you have questions, okay? Friday, July ,(, 2000 Amer1Ca OnlIne: _ Page: 1 ~',r "!-~.,.. - - '¡fj~-m -$'-' , . ,. ' . ~ . ~ . .~ ,~ . . , , . r" .. '< ff~ ' " ,-_.."-:~ W W w e p a a u d i 0 c July 12, 2000 St. Joseph Cable Commission Attn: Tom Nahan 138ih Ave SE St. Joseph, MN 56374 Tom, This is a budgetary video equipment list only. Pricing and equipment may change due to site requirements. The audio system, including microphones, speakers, etc., were not discussed, and are nc . listed in this proposal. I would recommend a projection system and a document camera for computer 2 document display, as well as VHS playback. Installation of equipment and alignment of audio and vid systems are not included. System design and function is copyrighted by EP A Audio Visual and is not designed as a bid document. Line drawings, engineering, and cad files will need to be determined. I h this helps you get started in the right direction. Give me a call next week when you have more infonnation and we can arrange a site visit. 'u, r'· :!fIb Regional Sales Manager . 7910 Highway 55 · PO Box 40 · Rockford, MN 55373-0040 PH 612.477.6931 · FAX 612.477.4395. WATS 800.362.3674 ............ - .,. . .. QUOTATION . DA TE: July 12, 2000 7910 Highway 55 TO: St. Joseph Cable Commission P.O. Box 40 Attn: Tom Nahan Rockford, MN 55373 138 7th Ave SE PH - (763) 477-6931 St. Joseph, MN 56374 FAX - (763) 477-4395 FAX: www.epaaudio.com Sfaff@e/Jaaudio.com PHONE: 320-363-4551 Quantity Description Price Amount 3 Panasonic WV -CS854 Wide Zoom Color Pan Tilt Dome Camera 2123 00 6369 00 3 Panasonic PDM5 Drop Ceiling Mounts 287 00 861 00 1 Panasonic WJ-MP204 Multiplex Control System Switcher 844 00 . 1 Panasonic WV -360 Controller 861 00 3 Bitronics 24V Power Supplies 24 00 72 00 1 Panasonic WV-BM502 Triple 5" Black & White Monitor 1083 00 2 JVC TM-A9U 9" Color Video Monitor 479 00 958 00 1 Panasonic WJ -MX20 Video Mixer 1313 00 1 Videonics TM-3000 Character Generator 679 00 1 Sony SL V -RlOOO SVHS SPIEP Player Recorder 925 00 1 JVC TM-A13SU 13" Video Monitor 265 00 I ETA EPT8L 8 Outlet Strip 69 00 1 Middle Atlantic RC3 Clamping VCR Shelf 45 00 1 Middle Atlantic ERK1820 18 Space Equipment Rack 275 00 1 Draco Casablanca A VIO ST Non-linear Video Editing System 1790 00 " Accepted WEARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR .' " CONSIDERATION, SHOULD YOU PLACE AN ORDER. BE ASSURED IT W,1l-l . By: RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR'3D DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTice. , ',,1, " lto! ¡ f ~ . . I ,¡:' 'o-.~-- ---...;~-- 'J' . . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 June 28, 2000 (320) 363-7201 Fax: 363-0342 Mr. William Tallman Ilk 1411 - 2nd Street South Aberdeen SO 57401-9311 MAYOR RE: 121 Ash Street East Kenneth J. Hiemenz Dear Mr. Tallman: CLERK! This letter has been prepared to provide you with notice and information ADMINISTRATOR regarding a proposed suspension or revocation of the rental license for the Carj Schmidt above referenced property. This action is being taken because of an alleged violation of Ordinance No. 102 of the St. Joseph Code of Ordinances. This COUNCILORS violation is alleged to have arisen out of an incident on June 25, 2000 (copy 10SO enclosed) . Ehlert en Twit The St. Josèph City Council will review these allegations and consider Mary Niedenfuer appropriate action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conducted on Thursday, July 20,2000 at 8:00 p.m. in the St. Joseph City Hall, 25 - 1st Avenue Northwest. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or ... . ~ not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type, you must contact the City Clerk/Administrator in writing at least seven days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least seven days before the hearing, you will then be conside:red, ta have waived your fighHo have an evidentiâry heädng aìì8.n-o:-ßvjel~àry_he¡irin-g' will '"..;-- --~ be scheduled. A waiver of this right to hearing will be equivalehho an ' admission of the basic allegation (s) alleged herein and reported by the complaining party. . If you waive your right to hearing, or if an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the Council will proceed immediately to consider a disposition, which may include · Mr. William Tallman June 28, 2000 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you · fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. 7ere,y, . . .. .~. , t- '" - ·1 _ , CL.-L,...--f__ yL-Le:,-----, .~ . Cari Schmidt City Clerk/Administrator cc: John Scherer, City Attorney Mayor and Members of the City Council Police Chief Gary Will Police Officer Paul Schley · ST. JOSEPH POLICE DEPARTMENT . Box 268, 25 N.W. 1st Avenue St. Joseph, Minnesota 56374-0268 (320) 363-8250 Emergency 911 EDVCATlONAI.. CENTER Of CEHTRA1.. MINNESOTA Date: June 28. 2000 To: William Tallman From: St. Joseph Police Department RE: Noise Ordinance Violation As per St. Joseph City Ordinance # 102 (Noise Ordinance), please be advised that you are hereby given notice of a noise violation that occurred at the place, time and date listed . below. Please find enclosed a copy of the aforementioned ordinance, resolution regarding enforcement of housing regulations as well as acopy of the St. Joseph Police Department report relative to said violation. Date of Violation: June 25. 2000 Time of Violation: 3: 10 a.m. Location of Violation: 121 Ash Street East Sincerely, Gary D. Will Chief of Police St. Joseph Police Department . Mon 04-05-99 St. Joseph Police Department Time: 8:41 a Initial Complaint Record . Case Number : 00001722 Date Reported: 06/24/00 Reported By: SCSD DOB: Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-4240 City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y/N): N Complainant: REFUSED COMPLAINANT DOB: Address: Apt. #: Phone #: City: State: MN Zip Code: Danger (Y /N) : N Incident Description: COMPLAINT OF INDIVIDUALS TALKING LOUDLY WHILE THEY WHERE SITTING ON STAIRS-SPOKE WITH MICHAEL ANTHONY JENNINGS 06/19/75 TOLD TO PLEASE STOP DRINKING AND GO TO SLEEP-AGREED AND WENT INSIDE-NO FURTHER ACTION NEEDED Squad/Badge #s: 7707 Addtll Reports : No Protected : Nc Rcv1d By: 07 Day: SAT Date Committed: 06/24/00 Time Committed: 05 : OC Mess. Key Control Number ( OCA) Cont. Agency NCIC Ident. (CAG) ECI 00001722 MN0731100 Date Reported (RPD) Time Reported (TRP) Location Grid Number (LGN) . 06/24/00 05 : 00 Place Committed (PLC) : 121 E ASH ST HRD Squad/Badge # ( SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TCL) R 7707 05 : 00 05 : 04 05 : 17 I S N U 0 C U C S 01 9250 S . .n 04-05-99 St. Joseph Police Department Time: 8:41 am Initial Complaint Record Case Number : 00001733 Date Reported: 06/24/00 Reported By: SCSD DOB: Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-4240 City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y/N): N Complainant: REFUSED COMPLAINANT DOB: Address: Apt. #: Phone #: City: State: MN Zip Code: Danger (Y/N): N Incident Description: LOUD PARTY-GOERS AND MUSIC IN THE AREA OF THE BOX AND MARGARITAVILLE-SPOKE WITH JOSEPH RYAN GEHLEN 08/24/78 FROM "THE BOX" HOWEVER UNABLE TO CONTACT ANYONE FROM MARGARI TAVILLE BECAUSE THEY ALL LEFT WHILE WE WERE ACROSS STREET Squad/Badge #s: 7707 Addt'l Reports : No Protected : No Rcv'd By: 07 Day: SAT Date Committed: 06/24/00 Time Committed: 23 : 06 Mess. Key Control Number (OCA) Cont. Agency NCIC Ident. ( CAG) ECI 00001733 MN0731100 .ate Reported (RPD) Time Reported ( TRP ) Location Grid Number ( LGN) . 06/24/00 23 : 06 Place Committed (PLC) : 118 E ASH ST HRD Squad/Badge # ( SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TCL) R 7707 23 : 06 23 : 08 23 : 36 I S N U 0 C U C S 01 9250 S . Mon 04-05-99 St. Joseph Police Department Time: 8:41 a Initial Complaint Record . Case Number : 00001739 Date Reported: 06/25/00 Reported By: SCSD DOB: Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-4240 City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y/N): N Complainant: REFUSED COMPLAINANT DOB: Address: Apt. #: Phone #: City: State: MN Zip Code: Danger (Y/N): N Incident Description: ANOTHER COMPLAINT OF LOUD PARTY ON E ASH-ARRIVED TO FIND II MARGARITAVILLE 11 IN VIOLATION-APPROX 15-20 PEOPLE OUTSIDE-VOICES/YELLING HEARD WELL OFF PROPERTY-THIRD NOISE COMPL AT HOUSE IN TWO DAYS Squad/Badge #s: 7707 Addt'l Reports : No Protected : Nc Rcv'd By: 07 Day: SUN Date Committed: 06/25/00 Time Committed: 03 : H Mess. Key Control Number (OCA) Cont. Agency NCIC Ident. ( CAG ) ECI 00001739 MN0731100 Date Reported (RPD) Time Reported (TRP) Location Grid Number (LGN) . 06/25/00 03 : 10 Place Committed (PLC) : 121 E ASH ST HRD Squad/Badge # ( SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TCL) R 7707 03 : 10 03 : 14 04 : 01 I S N U 0 C U C S 01 9250 A . .~ . St. Joseph Police Department Supplementary Report ICR#: 00001739 DATE: 06/25/00 COMPLAINANT: Wants to Remain Anonymous OFFENSE: Loud Party/Noise Violation VENUE: [J The noise violation occurred at 121 East Ash St in the City of S1. Joseph on or about 06/25/00 at approximately 0310 hours. PERSONS MENTIONED: Christopher Cyril Ducharme DOB OS/22/78 2182 Pinto Drv Wayzata, MN 55391 Anthony David Zimney DOB 06/19/78 2755 Hunter Drv Hamel, MN 55340 . Kevin Michael Sulluvan DOB 06/07/78 6200 EP True Pkwy #405 West Des Moines, IA 50266 Andrew Paul Lien DOB 08/28/78 1934 Linner Rd Wayzata, MN 55391 Michael Anthony Jennings DOB 06/19/75 29613 Kestral Lane St Joseph, MN 56374 PRELIMINARY PARAGRAPH: [J On 06/25/00 at approximately 0310 hours Officer Jean Gustin and I were dispatched to a loud noise complaint at 121 E Ash St and found the residence in violation of city ordinance. OFFICER OBSERVATION/ACTION: [J Dispatch advised us that they did get the name of the complainant, however they wished to remam anonymous. [J After being dispatched to the call, Officer Gustin responded to the north side (back) of the residence and as I came in on 3rd Ave NE from Minnesota Ave. [J As I turned on to 3rd Ave NE from Minnesota I heard someone yell from the area we weJe . responding to. [J As I was pulling up to the residence I noted that there were still lights on inside the house. [J This allowed me to see several people inside the residence. / OFFICER OBSERVATION/ACTION: . D I noticed that some of the individuals inside the residence were holding plastic beer cups filled with a brown/tan liquid. D I also noticed several people on the eastside of the residence standing on the steps. D These individuals were also holding plastic beer cups. D As I was standing on Ash St in front of the residence I could hear the people standing on the east steps talking very loudly and yelling at times. D I estimate the total number of people present at the residence to be from 15-20. D As I then walked through the front yard the front door of the residence opened. D When the door was open, I could hear a loud music coming from living room area. D I then walked to the eastside of the residence and met with Officer Gustin who had walked from the back. D Officer Gustin told me that she could also hear the loud voices well off the property. D I then asked the group standing on the steps to get someone who rents the house. D Two males came forward and stated they were staying at the house. D I identified the two by drivers license as Christopher Cyril Ducharme OS/22/78 and Anthony David Zimney 06/19/78. D I infonned the two that they were in violation of the city's noise ordinance and that they would have to clear the party out. D As Officer Gustin and I were talking to Duchanne and Zimney, I noticed that most of the people present at the party went into the house and shut off the lights. D After speaking with Zimney and Duchanne it was unclear to me if they actually currently lived at the residence because they advised me that they were on the lease but not currently living at the house. . D I then told them to get any other people out of the house that currently lived there. D Two more males claimed to be living at the house but not on the lease. D They were Andrew Paul Lien 08/28/78 and Michael Anthony Jennings 06/19/75. D I also advised them that the house was found in violation of the noise ordinance. D I did also identify Kevin Michael Sullivan 06/07/78 who was standing with the others. D We then cleared the area. D I attempted to notify both the owner of the house as well as the manager of the house. D I left messages advising of the violation with both parties and finally did contact Tim Borresch, D Upon asking him for a current list of tenants he stated that they did not have one. D I have not received a current list as of the time of this report. D Several days later I did speak with the complainant regarding this violation. D She stated that she called the complaint in because the individuals were both talking loudly and she could hear their stereo inside her residence. D She also noted that it was 3:00 a.m. and she had kids trying to sleep. D The complainant did not want her name released and only gave it to dispatch because the dispatcher seemed adamant at getting it. DISPOSITION: D Renters will be issued citation for noise violation as soon as I received verification from the property owner as to who they are. D Forward copy to City for Council meeting. Officer Paul Schley ~~OÎ . St Joseph Police Department ~~dY- ~ð L~-e ~ ;0 {CVtlGh Õn form a{c Y1 2 12-'1 s Ar lãge 3260 January 8, 1998 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session . on Thursday, January 8, 1998 at 7:00 p.m. in City Hall. I MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Bradley Meyer, Joel Bill, Mr. & Mrs. William Tallm:m, Chad Carlson, Steve Streng, Bob and Ellen Wahlstrom, Art Reber, Jim Graeve, Marjorie Lesnick, Joe Braun, Dave Theisen, Dick Taufen, Paul Harrington, Michael Deutz, Doug Danielson. AGENDA: Loso made a motion to approve the agenda as changed; seconded by Niedenfuer. Discussion - Twit expressed concern on changes in the agenda and Council0!S not receiving all material relevant to agenda items with the agenda. He stated with a cut off Thursday before the meeting the maximum time bills would be held is 28 days. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. NOISE VIOLATION HEARING -121 ASH STREET EAST: Mayor Hiemenz called the hearing to order at 7: 14 p.rn. William Tallman, property owner, had not requested an evidentiary hearing and represented himself. He told the Council of his expectations of his renters and to make them aware of the concerns of the neighbors. Two of the, renters were in attendance and stated they were not aware of the volume of noise emanating from their residence. Mayor Hiemenz asked the renters to address the statement from the police report "Don't open the door, they can't do anything." The renters in attendance stated the person that said that was not in attendance. . Loso stated there is a history of complaints on this rental unit. Tallman responded that he believed there were two violations in the 94-95 year with the last violation being May 1995. -- Niedenfuer questioned if the renters were aware of the noise ordinance, to which they responded they were. Tallman questioned the orange notification sign placed on the door discussing a second violation may result in license suspension or revocation. He was told the policy has been changed since the signs were printed although the signs get noticed as is the intent. Currently a :first violation may result in a fine or license suspension or revocation. Ehlert discussed the lack of maintenance on the property, resulting in the City mowing the lawn. He stated that awareness of the need for property maintenance was raised during prior years. Student renters have been encouraged to be good responsible neighbors by helping their neighbors. Twit questioned the Police Officers if the fact that the door was not answered when they first knocked was a concern. Officer Meyer stated it was a concern, but no tickets were issued. He stated the noise was not extremely bad Ehlert made a motion to consider this violation a warning with an acknowledgment to the renters that any similar incident within one year will be dèalt with more severely. Further, the property owner shall be required to reimburse the City for the adminiwative, police and legal costs incurred due to the complaint. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. . Nays: None. Motion carried. Mayor Hiemenz closed the hearing at 7:32 p.m. POLICE DEPARTMENT :¡:. cR1J. 'ì7oö:lì ~. .:," . · ! VIOLATION ORDINANCE #lØ2 (NOISE ORDINANCE), ARE HEREBY GIVEN NOTICE OF Ä NOISE THE PLACE, TIME, AND DATE LISTED I ~ í \ · , .. - .. DEPARTMENT i .... . ~ - -, ~ " ..,-. . '. . . . · . . .. . " j ..,- . ;~ . . '··~i~.·:~/~, .....;. .- ~.,~. " ..;~." ~ ..,-;~..: ~~;L:·:.~-:.:"·. " . :.\ ~¿~?~: >: ~:. ~. . - . . - . . . · at 12-06-'?7 ':;. t . Joseph Police D8Pdrtment Time: .~ : :; 2 ¿¡ m I nit i.:3 l Complain~ Record Cas¿ ¡-lumber : '77002715 Oat~ Report~a: '12/05/"~7 Repo'rt,=d By: SCSD -DOE: Addr 8SS : 807 COURTHOUSE DR. P.O.80X 217 ;;pt. ..¡.. ~II-'i':" n:::: +<-. .·:'1::;/2~,l-424.(; M' . ,.,. . City: ?T. CLqUD state: MN Zip COGe: 56302 Da n!~è'r .c. '(IN}: f.N Camp 1a1 na nt: 008: Address: Apt.. ,... r::hon,e j;: ,.,. . Cit'/: State: Zi::-f':c:ce: Coa íl,;er ( 'of./ f'~ .) : Incident Ddscription: LOUD NOISE COMPLAINT AT 121 L '. .-I-J '-T t,jEÌ'F TO THE c :-,':>1, ;::) I . FRONT DOOR Ar!D, ¡"IOT I CEI) :3E"/E:=:;;:_ '-:'E:JPU::: .: ;' L::.. : :) E . I ~<>~()(:l<EC: '3E~iE RAL T It1E '5 AND (~CT NO At'.lSWEP E'/cr' TrlUUGi-i '::CtI)Lõ) H~¡';F: T~E!~~! - , - :'14 '( THE pr)LICE :';PE HERE. TRI::~. .,....--. !~.~L~ T:_'= _ : --:, I:::C !...ANCOI,,;;·jER ; . I :l- Squad/Badge »~ . 776 Addt'i R 2n::I(:·"r ts : t:::S Pi <)r...ec-t :.?;j No 1'1" ,..¡ .. · Rcv'd By: "ë'~,' 03./: FRI DoS. ;-~·2 Ccmrni. tt.,3C~: 1 ::'._.~f) 5 / ';, 7 T ~ Î~iì2 C»lnrn i ;-...::. -9(j : -.:.; ,-' / ,-:;> :../ .:...;. Mess. Kp,-, Cont 1"01 t'1umbeì- ( (YCA ) '. '.J Tì (. . .~::~~ a íi'::'/ í'!{: Ie: T _....; ~ _~ ( I.:A(; ) ..J. .......!c:: 111_ . E':I 97002715 (,,~¡--,{:,;'~~llC'C! Dat8 R2Ported (PPO) Time R2:-:',~r t-8·j (TR:~) L':·i:,,'::.t:.ion (~i" .LC~ t'iumbe'( ( L'~i'! ) 12./ I) 5 ,/'77" ¿..j ()4 Place Committed (PLC): 121 E ASH ST HRC' SqL:3(~/8a.,jGe ~ (SBN) Tim:,=, Assi3.( TAS) Tim8 A ì" í . '- T ,:, ,:0 :' Tim"? C11'. ( TeL' R ~- . C·4- ~...., (\.:.:. 23 : 35 / ;> 0 .::.,..:; ¿~ I S N U 0 C I I f- .- '. ~ -' 01 .-" -"\ r- ..... :1.::.:>U - 1 /' r Cì - L ~'" - \ G/\'-"~" '--., f \.. . · ì , ~ . . , ,- . ST. JOSEPH POLICE DEPARTMENT SUPPLEMENTARY REPORT ICR# 97002715 ----------------------------------------------------------------------- COMPLAINANT:ANONYMOUS (RECEIVED CALL FROM STEARNS COUNTY DISPATCH) ----------------------------------------------------------------------- OFFENSE: NOISE ORDINANCE VIOLATION PAGE 1 OF 2 ----------------------------------------------------------------------- ON 12-05-97, AT APPROXIMATELY 2304HRS, I RECEIVED A CALL FROM THE STEARNS COUNTY SHERIFF'S OFFICE TO RESPOND TO 121 E ASH ST FOR A NOISE COMPLAINT. UPON ARRIVING AT THIS RESIDENTS, I COULD HEAR LOUD YELLING AND LAUGHING GOING ON. AS I APPROACHED THE HOUSE, I . NOTICED SEVERAL PEOPLE INSIDE THE HOME. I KNOCKED ON THE DOOR INSIDE THE PORCH SEVERAL TIMES, HOWEVER, NOBODY WOULD ANSWER THE DOOR. I COULD HEAR PEOPLE Ii'1SIDE SAYH~G," THE COPS ARE HERE ~ " I COULD ALSO HEAR SOMEBODY SAY JUST STAY INSIDE. THEY CAN'T DO ANYTHING TO US. I THEN NOTIFIED OFFICER BRAD MEYER TO COME TO MY LOCATION. AS OFFICER MEYER fRIED TO GET SOMEBODY TO ANSWER THE DOOR I WENT TO THE OFFICE TO TRY AND FIND A PHONE NUMBER FOR THE PROPERTY OWNER. I WAS UNSUCCESSFUL IN FINDING A LISTING FOR THE OWNER OF THIS HOME. IN THE MEAN TIME OFFICER MEYER MADE CONTACT WITH BRETT DANIEL 3ALOUN DOB 10-11-75, ONE OF THE RENTERS. (;T THIS TIME, I WAS INFORMED THAT MOST OF THE PEOPLE WERE LEAVING THE HOUSE. . - . . ~ " . ST. JOSEPH-POLICE DEPARTMENT SUPPLEMENTARY REPORT PAGE 2 OF 2 ON 12-06-97 AT APPROXIMATELY,2115HRS, I FOUND THE PROPERTY OWNERS PHONE NUMBER. PROPERTY OWNER IS JEFFERY TALLMAN AND HIS PHONE NUMBER IS 612-645-3509. I MADE NO CONTACT WITH JEFFERY HOWEVER I DID LEAVE A MESSAGE ON HIS VOICEMAIL AND A RETURN PHONE NUMBER IF ANY QUESTIONS ARISE. . OFFICER JOEL BILL #776 ~~ ST JOSEPH POLICE DEPT . .' CITY OF ST. JOSEPH . 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 STATEMENT . TO: William Tallman DATE: January 14, 1998 1411 Second Street South MAYOR Aberdeen, SO 57401-9311 Kenneth J. Hiemenz CLERK! ADMINISTRATOR Rachel Stapleton Charges relating to the Noise Violation Hearing conducted at the City Council Meeting of January 8, 1998: COUNCILORS Bob Loso Administration $ 30.00 Cory Ehlert Certified Mailing/Copies $ 6.00 Ken Twit Patrol Officer Overtime $ 107.00 Mary Niedenfuer . TOTAL DUE THE CITY OF ST. JOSEPH..................................$ 143.00 Please make check payable to City of St. Joseph and remit to PO Box 668, St. Joseph, MN 56374. Thank you! . . DRAFT - (Changes are denoted in italics) ORDINANCE 55: HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE Section 55.1: PURPOSE. Subd. 1: The purpose of this ordinance is to protect the public health, safety, and the general welfare ofthe people of the City. These general objectives include, among others, the following: a) to protect the character and stability of residential areas within the City; b) to correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings within S1. Joseph; c) to provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings; d) to provide minimum standards for light and ventilation, necessary to health and safety; . e) to prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit; f) to provide minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight; g) to preserve the value of land and buildings throughout the City. Subd. 2: With respect to rental disputes, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complains from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this ordinance neither is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 55.2: APPLICABILITY OF ORDINANCE. Every building and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a home or residence of two or more persons or families living in separate units shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered, or repaired. This ordinance establishes minimum standards for erected dwelling units, accessory structures and related premises. . 1 Dormitories located on the campus proper of the College of St. Benedict's shall not come under · the provisions of this ordinance. Apartments located on the campus proper of the College of St. Benedict's and which are used exclusively as student housing shall not come under the provisions of this ordinance. The City Council finds that the general objectives enumerated under Section 55.1 are being met by the College of St. Benedict's for the following reasons: Subd. 1: The student residences at the College of St. Benedict are presently inspected by different groups as well as the college's staff frequently each year. The following is a listing of periodic inspections that would include college housing as well as other buildings on the campus: a) State Fire Marshal b) Insurance Company Inspector (at least once a year) c) The Director of ðafety and Security (at minimum once a month) d) Security Staff of College and Convent e) Maintenance Staff of College and Convent f) Residence ..^~ssistance Assistants (live with students) g) Faculty Residence Directors (live with students) h) Director of the Physical Plan · Subd. 2: The following other precautions are taken to protect the students in addition to the numerous inspections listed above: a) Fire Drills in all College Buildings b) Exit signs on an alternate electrical system c) Buildings constructed under the latest fire codes d) Smoke detectors installed and inspected e) Fire extinguishers installed in convenient locations and inspected monthly f) Instructional classes on the use of fire extinguishers g) Classes in fire prevention h) Sprinkling systems installed where needed Section 55.3: DEFINITIONS. The following defmitions shall apply in the interpretation and enforcement of this ordinance: 2 · ). . Subd. 1: Accessory structure--a structure subordinate to the main or principal dwelling or dwellings and which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. Subd. 2: Building--any structure erected for the support, shelter, or enclosure of person, animals, chattels, or movable property of any kind. Subd.3: Compliance Official--the Building Inspector and his designated agents authorized to administer and enforce this ordinance. Subd. 4: Dwelling--a building or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1- family dwellings, 2- family dwellings, and multiple ;family dwellings; but not including hotels and motels. Subd.5: Dwelling Unit--a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Subd. 6: Efficiency Living Unit--a room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of Section 55.9.1, Exception. Subd 7: F amilv a) Afamily is any number of persons living together in a room or rooms comprised of a single . housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family OR Any group of three persons not so related but inhabiting a single house. b) With respect to any property validly licensed as a rental unit pursuant to Section 55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition of "family" which existed prior to October 15. 1990, shall continue to apply. This prior definition had defined 'family" as up to five unrelated persons. The application of this prior definition to existing rental units shall be construed as a non-conforming use as limited by Section 52.11 of the St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental license for any such property shall be considered as a discontinuance of a non-conforming use and the property will thereinafter be required to conform with the definition of "family" as set forth in paragraph (a) above. Subd.7: Flush water closet--a toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. Subd. 8: Garbage--putrescib1e animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption offood. Subd. 9: Habitable bui1ding--any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 10: Habitable room--a room or enclosed floor space used or intended to be used for living, . sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and 3 required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, · communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts ofthe structure below ground level or in attics. Subd. 11: Heated water--water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 12: Kitchen--a space which contains a sink with counter working space, adequate space for instal1ing cooking and refrigeration equipment and adequate space for the storage of cooking utensils. Subd. 13: Multiple family dwel1ing--a dwel1ing or portion thereof containing three or more dwel1ing units. Subd. 14: Occupant-~any person (including owner or operator) living, sleeping, cooking and eating in dwel1ing unit or living and sleeping in a rooming unit. Subd. 15: Operator--the owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16: Ownernany person, firm or corporation who, alone, jointly, or several1y with others, shall be in actual possession of, or have charge, care or control of, any dwel1ing, dwel1ing unit, or rooming unit with the City as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 17: Permissible occupancy--the maximum number of persons permitted to reside in a · dwelling unit or rooming unit. Subd. 18: Personnan individual, finn, partnership, association, corporation or joint venture or organization of any kind. Subd. 19: Plumbing--all of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Subd. 20: Premises--a platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non dwelling structure, including such building, accessory structure or other structure thereon. Subd. 21: Public hall--a hall, corridor or passageway for providing egress ITom a dwelling unit to a public way and not within the exclusive control of one family. Subd. 22: Refusenall putrescible and nonputrescible waste solids including garbage and rubbish. Subd.23: Rental dwel1ing or dwelling unitna dwel1ing or dwelling unit let for rent or lease. Subd. 24: Repairnto restore to a sound and acceptable state of operation, serviceability or · appearance. 4 . Subd.25: Rodent harborage--any place where rodents can live, nest, or seek shelter. Subd. 26: Rooming unit--any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd.27: Rubbish--nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. Subd. 28: Safety--the condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd.29: Substandard dwelling--any dwelling which does not conform to the minimum standards established by City Ordinances. Subd. 30: Suµplied--paid for, furnished by, provided by or under the control ofthe owner, operator, or agent of a dwelling. Subd. 31: Meaning of certain words--whenever the words "dwelling", "dwelling unit", "premises", or "structure" are used in this ordinance, they shaH be construed as though they were following by the words "or any part thereof'. Section 55.4: RESPONSIBILITIES OF OWNERS AND OCCUPANTS. . Subd. 1: Sanitation. No owner or other person shaH occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the City of St. Joseph, including the following requirements: Subd. 2: Maintenance of Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. Subd. 3: Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls in order to prevent any health, safety or fire hazards. Subd. 4: Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his rubbish in a clean, sanitary, and safe manner as prescribed by the Code of Ordinances of the City ofSt. Joseph and amendment thereto. Subd. 5: Storage and Disposal of Garbage. Every occupant of a dwelling; dwelling unit or rooming unit shall store and dispose of all his garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by the Code of Ordinances of the City of St. Joseph and amendments thereto. . Subd. 6: Responsibility for Storage and Disposal of Garbage and Rubbish. 5 a.) Every owner of a multiple family dwelling shall supply facilities for the sanitary and safe · storage and/or disposal of rubbish and garbage. In the case of single or two-family dwellings, , it shall be the responsibility of the occupant to furnish such facilities. b.) Furniture and Mattresses. No person shall place or allow to remain any fùrniture constrùcted and originally sold for use inside a structure or a bed mattress, at a place or location where the item would be exposed to the weather elements and within the view of the . general public, except when the item has been set out to be picked up for removal and transportation to disposal site. The item must be removed within 48 hours. Subd. 7: Responsibility for Storm and Screen Doors and Windows. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this ordinance, except where there is written agreement otherwise between the owner and occupant. Subd. 8: Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. · Subd. 9: Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Stored materials shall be stacked neatly in piles. Subd. 10: Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles. Subd. 11: Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Subd. 12: Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Subd. 13: Minimum Heating Capability and Maintenance. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. · 6 · Subd. 14: Removal of Snow and Ice. The owner ofa multiple family dwelling or dwellings shall be responsiþle for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours affer cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of· one inch, shall be removed from steps and walkways within eight hours. after cessation of the snowfall. Subd. 15: Minimum Exterior Lighting. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Subd. 16: Maintenance of Driving and Parking Areas. The owner of a multiple dwelling or dwellings shall be responsible for providing and maintaining in good condition parking areas and driveways for tenants consistent with the Zoning Ordinance. These requirements include, but are not limited to thefollowingprovisionsfrom Ordinance 52: a. General Parking Provisions. 1. Loading space shall not be construed as supplying off street packing space. A regular parking space shall have the minimum dimensions 9,¡.{' g' 8)' ! g' 9' by 17 '. A handicap parking space shall have the minimum dimensions of 20' by 15 '. · 2. When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one half(1I2) space shall be disregarded and fractions over one half (112) shall require one (1) space. 3. Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. 4. For the purpose of this section, "Floor Area, " in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten (10) percent. 5. Off-street parking facilities for dwelling shall be provided and located on the same lot or parcel of I and as the building they are intended to serve 6. When off-street parking is required, it shall be designated for that purposed and the individual parking stalls appropriately striped. 7. Where a use is not specifically mentioned, off-street parking requirements shall be the same as for similar use. · 7 8. Nothing in this section shall be constructed to prevent collective provisions of off · street parking facilities for t1vo (2) or more buildings or uses provided, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table. 9. Nothing in this section shall prevent the extension of, or an addition to a building or structure into an existing parking are which is required for the original building or· structure when the same amount of space taken by the extension or addition is provided by an enlargement oj the existing parking area. b. ReQuired Off-Street Parking. The amount of required off street parking spaces for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings within the Central Business District oj St. Joseph. The amount of required off-street parking in the Central Business Districtfor existing or new uses and improvements tó existing buildings which do not increase the area used for commercial or residential/rental use shall be detem¡ined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the lengths of visits generated by the particular business, and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest, lying North of Minnesota Street and lying South of the East/West alley which is between Minnesota · Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite of St. Joseph. 1. Sinzle familv, two familv. Two (2) spaces per unit. 2. Boardinz house, roominz house, bed and breakfast and multiple familv dwellings (except a two familv dwellinz). One and on-half(ll/2) spaces for each single bedroom dwelling, t1vo and one half (2 'i'2 spaces for each t1vo bedroom dwelling, Jour (4) spaces for each three bedroom dwelling and an additional 1.25 spacesJor each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as t1vo (2) bedrooms for the purpose of determining the total number oj bedrooms within a dwelling. Factional numbers shall be rounded up to the next highest whole number. c. Parking Lot Standards. In all districts where off-street parking lots are pemJitted or required such off-street parking shall be constructed and maintained subject to the following regulations: 1. Adequate ingress and egress shall be provided 2. Such parking lots shall be constructed and maintained in a llseable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose oj surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by specialllse permit or variance. · 8 . 3. Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (J 5) feet from said lot line shall be required and maintained. 4. Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. 5. Plan for the construction of any such parking lot must be approved by the Planning commission before construction is started. No such plans shall be used for parking until approved by the Planning Commission. Subd. 17: Maintenance of Yards. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining premises' yards consistent with Section 55.8.10. Section 55.5: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, eating therein, which does not comply with the following requirements: Subd. 1: Kitchen Facilities. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and which shall have adequate circulation and which shall be equipped with the following: a) A kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to an approved sewer . system. b) Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cle.anable and that will not impart any toxic or deleterious effect to food. c) A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Subd. 2: Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room which is equipped with a flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with eflsily cleanable surfaces, shall be connected to an approved water system thaÚt all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be . connected to an approved sewer system. . Subd.3: Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink 9 shall be located in close proximity to the door leading directly into the room in which said water closet is · located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated l}lnning water under pressure, and shall be connected to an approved sewer. Subd. 4: Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable room which is equipped with a bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Subd. 5: Stairways, Porches and Balconies. Every stairway, inside or outside of a dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four risers high shall have handrails approximately 30 inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every porch which is more than four risers high and every balcony shall have handrails approximately 30 inches above the floor of the porch or balcony. Every handrail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Subd.6: Access to Dwelling Unit. Access to or egress ftom each dwelling unit shall be provided · without passing through any other dwelling unit. Subd.7: Door Locks. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors ofthe dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: a) F or the purposes of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading ftom hallways into individual dwelling units. Dead-latch type door locks shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be a type that are permanently locked from the outside and pennanently unlocked ftom the inside. b) Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be operable ftom the inside without the use of a key or any special knowledge or effort. Section 55.6: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose · of living therein, which does not comply with the following requirements: 10 · Subd. 1: Habitable Room Ventilation. Except where there is supplied some other device affording adequate ventilation and approved by the Compliance Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 4% of the floor area of the room or four square feet Subd. 2: Nonhabitable Room Ventilation. Every bathroom and water closet compartment and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 55.6.1, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Official. (The Committee was divided on the requirements for this section. It was suggested that there be a requirement that the room must be vented to the outside and have a window. There was some disagreement as to whether it would be satisfactory to have the room vented to the attic. The Uniform Building Code recommends that the room be vented to the outside. This recommendation helps prevent mold, mildew and rot from forming. The suggestion was also made that any bathroom in the basement or main floor must be vented to the exterior, with the bathrooms on the top floor being vented to the attic. ) Subd. 3: Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical power available within 300 feet of the premises of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two · supplied electric convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and public hallway shall contain at least one supplied electric light fixture. Section 55.7: MINIMUM THERMAL STANDARDS. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at an outside temperature of -25 degrees Fahrenheit. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 55.8: GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy a dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: Subd. 1: Foundations. Exterior Walls and Roofs. The foundation, exterior walls and exterior roof shall be substantially water tight and protected against vennin and rodents and shall be kept in sOW1d condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other · condition which might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the dwelling. The roof shall be tight and have no defects which admits rains, and roof drainage shall be 11 adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than · decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If ~ 15% or more of the exterior surface of such wood surface is unpainted or determined by the Compliance Official to be paint blistered, the surface shall be painted. If ~ 15% or more--DfJhe exterior of the painting of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Subd.2: Windows. Doors and Screens. Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents ITom entering the building. Every openable window or other device required by Section 55.6.1 shall be supplied with 16 mesh screens during the insect season. Subd. 3: Floors. Interior Walls and Ceilings. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and sanitary condition. Subd.4: Rodent Proof. Every dwelling and accessory structure and the premises upon which located shall be maintained in a rodent free and rodent proof condition. All openings in the exterior walls, foundations, basements, ground or first floor, and roofs which have a Yz" diameter or larger opening shall · be rodent-proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Subd.5: Fence Maintenance. All fences supplied by the owner or agent on the premises and all fences erected or caused to be erected by an occupant on the premises shall consist of metal, wood, masonry, other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, or other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Subd.6: Accessory Structure Maintenance. Accessory structures supplied by the OWl1er, agent or tenant occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and appearance. The exterior of such structures shall be made weather resistance through the use of decay-resistant materials such as paint or other preservatives. Subd. 7: Safe Building Elements. Every foundation, roof, floor, exterior and interior walls, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. Subd. 8: Facilities to Function. Every supplied facility, piece of equipment or utility, required under City Ordinances and every chimney and flue shall be installed and maintained and shall function effectively in a safe, sound and working condition, Subd. 9: Grading and Drainage. During the period May through October, every yard, court, passageway, and other portions in the premises on which a dwelling stands shall be graded and drained so · as to be free of standing water that constitutes a detriment to health and safety. 12 · Subd. 10: Yard Cover. Every yard of a premises on which a dwelling stands shall be provided with lawn or combined ground cover or vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Subd. 11: Discontinuance of Service or Facilities. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this ordinance, to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 55.9: MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose ofliving therein, which does not comply with the following requirements: Subd. 1: Permissible Occupancy of Dwelling Unit. Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms, except kitchen, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes the required floor area shall be increased at the rate of 80 square feet for each occupant in excess of two. (The Committee would also like to include a provision in this section from the Uniform Fire Code that states that there shall be no more than ten (10) people in a basement with less than two doors/exits) · EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements: a) The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 1 00 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. b) The unit shall be provided with a separate closet. c) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided. d) The unit shall be provide with a separate bathroom containing a water closet, lavatory, bathtub or shower. Subd.2: Minimum Ceiling Height. In order to qualify as habitable, rooms shall have clear ceiling height of not less than 6 feet 6 inches, except that in attics or top-half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than 6 feet 6 inches over at least Yz of the floor area. In calculating the floor area of such rooms in attics or top-half stories, only those portions of the floor area of the room having a clear ceiling height of 5 feet or more may be included. Subd.3: Access Through Sleeping Rooms and Bathrooms. No qwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or · water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used 13 as the only passageways to any habitable room, hall, basement or cellar or the exterior of any dwelling · unit. Section 55.10: FIRE PROTECTION. The City of St. Joseph requires that all housing units be equipped with one fire extinguisher, one carbon monoxide detector and an operating smoke detector on every level. All buildings shall be subject to the Unifonn Fire Code. Section 55.11: LICENSING OF RENTAL UNITS. Subd. 1: Registration. No person shall operate rental property in the City of St. Joseph without first having properly made and filed a registration statement with the Compliance Official, and without first securing a valid rental license at City Hall from the City of St. Joseph. Any person filing such a registration statement thereby consents to be bound by all of the provisions of this ordinance and the other ordinances of the City of St. Joseph, as they may relate to rental property. In the case of any rental property occupied on or before February 1, 1981, the registration statement shall be filed before February 1, 1981. In the case of rental property completed and ready for occupancy after February 1, 1981, a registration statement shall be filed and a rental license secured prior to the occupancy of the dwelling. The registration statement shall be made and filed on fonns furnished by the Compliance Official for such purposes and shall set forth the following infonnation: a) Name and residence of the owner, and if a corporation, the name of officers and registered office thereof. All owners must be listed. b) Name and address of the rental property and the number of units to which the registration · applies. c) Name and address ofthe caretaker or manager responsible for the maintenance and care of the rental units. c) The name and address of the owner's agent for the receipt of notices of violations of the provisions of this Ordinance and other applicable ordinances of the City of St. Joseph. The owner may designate any person residing in either Stearns, Benton, or Sherburne County as his agent for this purpose. ( It was suggested that language be added that they must be able to respond within a "reasonable time". There was also discussion about limiting the owner or designee to someone within a 25-30 mile radius of St. Joseph) d) Such other infonnation as the Council may require. ( The Committee recommends that a provision similar to the following be added to this section: "Prior to the issuance of any rental license, the Planning Commission should review the rental license to ensure that: the permit meets the zoning requirements; that the Compliance official has inspected the property and has deemed it inhabitable space; that there are no restrictions in the ordinances that would prohibit such a license; and that a special use permit has been approved if required".) Subd.2: Execution of Registration Statement. The registration shall be made by the owner if such owner is a natural person; if the owner is a corporation, by an officer thereof; if the owner is a partnership, by one of the partners; and if the owner is an unincorporated association, by the manager or · managing officer thereof. Renewal of registrations as required annually by this Ordinance may be made 14 . by filling out the required renewal form provided by the Compliance Official to the owner of rental property and mailing said form together with the required registration fee to the Compliance Official. Subd. 3: Annual Registrations. Commencing with the year 1982, the registration of all rental dwellings registered for the previous year shall be renewed not later than the first day of August of each year. Subd.4: Transfers. Every new owner of a rental property, (whether as fee owner, contract purchaser, lessee of the entire dwelling, or otherwise) shall register before taking possession. Subd. 5: Registration License Fee. A registration fee, as may be established by resolution of the City Council, shall be due on the first day of August of each year. A delinquency penalty of 4% of the license fee for each day of operation without a valid license shall be charged to operators of rental dweliings. Once issued a license is nontransferable and the licensee shall not be entitled to a refund on any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund pro-rated monthly, upon proof of transfer oflegal control of ownership. In the case of new unlicensed dwellings, license fees shall be due upon the issuance of the certificate of occupancy; in the cases of licensing periods of less than one year, license fees shall be pro-rated by month. Subd.6: Inspection Condition. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to this Ordinance. . Subd. 7: Posting of License. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entry way or other conspicuous location therein the current license for the respective multiple dwelling. Subd.8: License Not Transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. (The Committee had lengthy discussions regarding whether the license should run with the property or run with the owner. If the license runs with the property, the license would be transferable to a new owner automatically. If the license runs with the owner, it would not have to be transferable and would expire upon the sale of the property to a new owner. The Committee recommends that the license to run with the owner. The result of this would be that anytime a rental is sold to a new owner, the Council has the chance to review whether a license is appropriate or if there are concerns that should be addressed. There are legal issues surrounding this issue. Please refer to City Attorney John Scherer's letter.) Subd. 9: Occupancy Register Required. Every owner of a licensed rental dwelling oontaining three or more dwelling units shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: a) Dwelling unit address; b) Number of bedrooms in dwelling unit; . 15 c) Names of adult occupants and number of adults and children (under 18 years of age) · currently occupying the dwelling units; d) Dates renters occupied and vacated dwelling units; e) A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Ordinance; and f) A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Subd. 10: Suspension or Revocation. Every operating license issued under the provisions of this Ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed rental dwelling and units therein in compliance with the provisions ofthe Ordinances of the City of St. Joseph and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or the duly authorized agent to thereafter pennit any new occupancies of vacant or thereafter vacated rental units until such time as an operating license may be restored by the City Council. When a rental license is revoked or suspended, the property shall be vacated as of the effective date of the revocation or suspension and remain vacated until restoration of the license. In the case of a · suspension, restoration shall occur automatically at the end of the suspension period. In the case of revocation, restoration of the license shall occur only after the owner of the premises has made . application for a new license, and paid a new application fee. The new license may then be issued upon completion of the revocation period. No suspension or revocation of a rental license shall occur until the licensed owner has been afforded an opportunity for a hearing to be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota Statutes. This hearing shall be evidentiary in nature and conducted before the St. Joseph City Council which shall detennine whether an ordinance or statutory violation did occur warranting revocation or suspension of the rental license. The detennination of the City Council shall be final and subject only to any rights of review or appeal to the state courts as provided by statute. The licensed owner must affinnatively request an evidentiary hearing by writing to be received by the City Clerk no later than seven days prior to the date on which the Council is to consider the violations. Ifrequest is not made, the right to an evidentiary hearing is deemed waived and the City Council may presume the truth and accuracy of the violations alleged and proceed to disposition at the time of the hearing. Where the City Council detennines that an Ordinance or statutory violation has occurred warranting suspension or revocation, the rental license shall be suspended or revoked for a period of not less than two months nor more than 12 months. Execution of the suspension or revocation may be stayed by the Council on such reasonable conditions as established by the Council, including but not limited to, the payment of a civil penalty not to exceed $1,000.00. Upon the completion of one-half of the period of revocation or suspension imposed by the City Council, the licensed owner may petition the City Council for early restoration of the rental license. Upon receipt of the petition, the licensed owner's request shall be heard by the City Council at the next regular scheduled meeting, (but at least 7 days from receipt of the · 16 . request). At that time, the City Council may order a restoration of the rental license if the licensed owner establishes by clear and convincing evidence that one of the following two circumstances then exist: 1) The property has been sold since the occurrence of the original violation to a party unrelated to the original owner. The sale must be for a fair consideration, negotiated at arm's length, and by Deed duly filed for record at the office of the County Recorder. A sham or "paper" transfer of title to the property to a related party or another party acting in cooperation with the owner for the purpose of circumventing the license revocation shall not constitute a transfer for purposes of this Ordinance. 2) The licensed owner demonstrates to the City Council that he has properly responded to the revocation or suspension, that measures have been taken to successfully correct the violation which originally resulted in suspension or revocation, and that additional steps have been taken to assure that similar violation.s not occur in the future. Factors to be considered by the Council, may include: improvements and repairs to the premises, modification of the relevant lease provisions, selection of future tenants, response to citizen's complaints, provision for future supervision of the premises by the licensed owner, the licensed owner's compliance with the revocation/suspension, and such other criteria as the Council considers relevant to each individual case. Where the licensed owner is able to establish by clear and convincing evidence grounds for restoration, the Council may stay the execution of the remainder of the suspension or revocation period for a period of up to one year and place reasonable terms and conditions upon the licensed owner as may be relevant to further insure compliance with the Ordinances of the City ofSt. Joseph and laws of the . State of Minnesota. Section 55.12: ENFORCEMENT AND INSPECTION AUTHORITY. The Building Inspector and his designate agents shall be the Compliance Official who shall administer and enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours and the Compliance Official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 55.13: INSPECTION ACCESS. Any owner, occupant, or other person in charge of a dwelling or dwelling unit may refuse to pennit free access and entry to the structure or premises under his control for inspection pursuant to this Ordinance, whereupon the Compliance Official may seek a court order authorizing such inspection. Section 55.14: UNFIT FOR HUMAN HABITATION. Subd. 1: Vacation of Building. Any dwelling, dwelling unit, or rooming unit which is damaged, decayed, dilapidated, unsanitary, unsafe, venn in or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. . 17 Subd. 2: Reoccupation. It shall be unlawful for such dwelling, dwelling unit, or rooming unit to · be used for human habitation until the defective conditions have been corrected and written approval has been issue~ by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. Subd. 3: Secure Units and Vacated Dwellings. The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance. Subd.4: Hazardous Building Declaration. In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 55.15: COMPLIANCE ORDER. Subd. 1: Issuance. Whenever the Compliance Official detennines that any dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violation. This Compliance Order shall: a) Be in writing. · b) Describe the location and nature of the violations of this Ordinance. c) Establish a reasonable time for the correction of such violation and notify of appeal recourse. d) Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is (1) Served upon him personally, or (2) Sent by registered mail to his last known address, or (3) Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. Subd.2: Right of Appeal. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the Planning Commission sitting as a Board of Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee in an amount as may be established by resolution of the City Counc'il, paid in cash or cashier's check and must be filed with the City Clerk within five (5) business days after service ofthe compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health or property. · 18 · Subd. 3: Board of Appeals Decision. Upon at least 5 business days notice to the appellant of the time and place for hearing the appeal, and within 45 qªys after said appeal is filed, the Board of Appeals shall hold a hearing thereon, taking into consideration any advice and recommendation :trom the Compliance Official. The Board of Appeals may reverse, modify, or affinn, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Subd. 4: Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit, or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit, or rooming unit who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedure provided by this Ordinance. Subd. 5: Penalties. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order within the time set therein shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. Subd.6: Reinspection. The Compliance Officer shall reinspect the property to detennine ifthe · owner has complied with the compliance order. If compliance has not been completed upon reinspection, the owner shall be assessed a $15.00 reinspection fee for that reinspection and each subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute a failure to comply with the compliance order. Subd.7: Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may be resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 55.16: ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the Compliance Official detennines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, the Compliance Official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 55.17: PENAL TIES. Any person violating any ofthe provisions of this Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this Ordinance shall upon conviction thereof by lawful authority, be guilty of a misdemeanor, punishable as herein defined. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this ordinance designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perfonn such · duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. 19 Section 55.18: SEPARABILITY. Every section, provision, or part of tills Ordinance is declared . separable trom every other section, provision, or part to the extent that if any section, provision or part of the Ordinance shall be held invalid or unconstitutional, it shall not invalidate any other section, provision or part thereof. . 20 . .. ~. . ~RajkOwski " 'W,"," Aw"o' Nort" ,~~~~~~ Ltd. P,Q. Box 1433 July 13, 2000 St. Cloud, MN 56302-1433 Ms. Cari Schmidt 320-251-1055 Clerk Administrator for City of St. Joseph Toll Free 800-445-9617 21 First Avenue Northwest Fax 320-251-5896 P.O. Box 668 St. Joseph, MN 56374 rajhan@cloudnet,com Re: Joint Trenching in Right-of-Ways Our File No. 20390 Dear Cari: Last month, you asked me to provide the City with some direction regarding the issue of joint trenching in public right-of-ways. As you are probably aware, the location of utilities within public right-of-way was codified under Minnesota Statutes Chapter 237 in 1997. The statute provides two ways in which a city may restrict the placement of . telecommunication equipment and facilities within a public right-of-way. One method that the City could consider is the establishment of a permit requirement by ordinance and imposing replacement conditions upon each permit. I believe that there is some limitation as to the City's authority to direct placement. Placement must take into Frank J. Rajkowski .. account the current and anticipated uses of the right-of-way, and the distinct engineering, Gordon H. Hansmeier construction, operation and maintenance characteristics of each type of use. The rules adopted pursuant to the statute state that the city cannot unreasonable restrict the Frederick L. Grunke replacement of utilities :ÌIl the ,nontraveled portion of the right-of-way. Any restriction Thomas G. Jovanovich· must be reasonable ar.d related to the interest of the city in protecting its right-of-way. ° Therefore, trees· may-fall Victim to a balancing ofint~rests. John H, Scherer Paul A. RajkowskiO The second method to be considered is by establishing a "high density corridor". This is Kevin F. Gray done by designating a portion of the right-of-way as a high density corridor which would subsequently require telecommunication users to locate their facilities in a conduit system William J, Cashman or other common structure. This provides the City with a higher degree of control, but Richard W. Sobalvarro there is a specific statutory procedure which must be followed before a high density Lotte R. Hansen corridor may be designated. The procedure requires a need and opportunity analyze, a finding that a designated portion of the right-of-way is about to be congested, and that a Patrick J. Larkin high density corridor should be established. These findings are made after a public Brian P. Farreii hearing and the development of a cost study allocating the cost of building and - maintaining the corridor. Any party providing utility service in the right-of-way has the 1 M, Dege right to appeal the adoption of the cost study. This would only apply to ...... telecommunication facilities. Cable, gas and electric facilities are excepted. Frank 1. Rajkolovski and Richard W Sobalvarro are admitted to practiceÎn North Dakotal Gordon H. Hansme;er 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. - . ~ , . July 13, 2000 Page Two This would be a procedure typically used only for a specific street right-of-way. It would be impractical to designate every area within the city as a high density corridor. Chad recently asked me to take a look at a model right-of-way ordinance drafted by the League of Cities. Although 81. Joseph has long had an excavation ordinance relating to right-of-ways, the City has not drafted a right-of-way use ordinance pursuant to the 1997 statute. If the City wants to proceed with adopting some type of right-of-way ordinance, we may want to look at using a permitting procedure as a basis for setting reasonable guidelines to require collocation of utilities. The other alternative would be to encourage utilities to seek collocation by "gentlemen's agreement" as 81. Cloud is apparently doing at the present time.' I believe that the designation of a high density corridor is impractical and is not an option to be considered. Cari, why don't you and Chad talk about the right-of-way ordinance issue and let me know if you would want me to make some specific recommendations to the Council on this issue. I have some . additional information regarding the ordinance that we presented at a seminar to local townships which I can send out for their review and consideration. Very truly yours, RAJKOWSKI HANSMEIER LTD. JH8/baz . . . CITY OF ST. JOSEPH MEMORANDUM 21 First Avenue NW P.O. Box 668, To: City Council µ St. Joseph, MN 56374 From: Chad A. Carlson, Planning Commission Secretary } (320) 363-7201 Date: 7/14/00 Fax: 363-0342 RE: Action Items of the July 10th Planning Commission . Chester Fired Chicken Variance Request Paul Sullivan - Paul Mar, Inc., owner, presented a proposal to establish a Chester Fried MAYOR Chicken restaurant franchise to replace the existing Stardust Video business next to Taco Kenneth J. Hiemenz Johns. Taco Johns is also owned by Mr. Sullivan. The current businesses of Stardust Video and Taco Johns have enough parking spaces as CLERK! required by Ordinance. However, Mr. Sullivan's states in his cover letter that the site plan is ADMINISTRATOR short three parking spaces necessary for the Taco Johns and the new Chester Fried Chicken Carj Schmidt business. Mr. Sullivan presented his variance for three parking spaces to the Planning Commission on July 10th. COUNCILORS After a considerable amount of discussion centering around the traffic congestion that Bob Loso currently exists at the site, the Planning Commission felt that the restaurant would increase I'Ehlert the traffic on the site and adversely impact the parking offered by adjacent businesses. In wit addition, the Planning Commission felt that owner was creating the hardship by considering ary Niedenfuer a business that would increase traffic levels and the need for additional parking spaces. Therefore, the Planning Commission is recommending denial of the variance request. After the public hearing had concluded, the Planning Commission suggested that Mr. Sullivan acquire the necessary space for the three parking spots needed for the business. The Planning Commission felt the business would be a good addition to the community of St. Joseph. Joint Trench for Utility Placement The Planning Commission discussed that feasibility of having the City of St. Joseph require utility companies in new subdivisions to locate their utility lines in a single trench within the road right-of-way. The Planning Commission's concern is with Stearns Electric Association's position with putting electrical lines within a 10 foot easement outside of the road right-of-way. By doing this, an additional 10 feet on each side of the road would need to be cleared and free of any natural features, such as trees. As we develop to the south, old growth trees and woods will become prevalent. The Planning Commission is requesting the City Council take action and require the utility companies to locate in the same location, in the road right-of-way. The motion reads as follows: Greave made a motion to recommend that the City Council consider creating a policy . or ordinance to require utility companies to locate their utilities within the road right- of-way and within a joint trench; Seconded by Lesnick (aU ayes) If you have any questions, please contact as soon as possible. Thank you. . · Resolution of Finding The request of Paul-Mar, Inc. for a variance came before the Planning Commission at a public hearing held on July 10, 2000. The purpose ofthe hearing was to consider the issuance of a variance for to the parking requirements in the B-2 Highway 75 Business District. The variance is requested to allow for the existence of a Chester Fried Chicken restaurant franchise in the Taco Johns building on Highway 75. S1. Joseph Code of Ordinance 52.14 Subdivision 4 (0) states that restaurants and cafes shall have a least one space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. The request has been submitted by Paul-Mar, Inc. 211 County Road #75 West, S1. Joseph, MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission · makes the following findings: The proposed variance is not consistent with the standards for a Variance stated in S1. Joseph Code of Ordinances 52.8 Subd. (a. c and d). Therefore, based on the findings above, the Planning Commission makes the following recommendation: Denial of the Variance request of3 parking spaces for the property located at 211 County Road #75 West for the purpose of establishing a Chester Fried Chicken restaurant franchise within the Taco Johns facility. Chair Klein closed the hearing at 8:05 p.m. · . .\ · CHESTER FRIED CHICKEN Paul Sullivan is requesting a variance of 3 parking spaces at the present location of Taco John's and Stardust Video. The applicant wishes to close the existing Stardust Video and, in it's place, install a Chester Fried Chicken quick service Express, to be managed and largely operated by the owner. As per city parking ordinance: > Chester FC requires 3 spaces for customers, 2 for employees = 5 > Taco John's requires 8 spaces for customers, 4 for employees = 12 Total Spaces Required = 17 Current Spaces Available = 14 Requested Variance = 3 · About 70% of the food purchased at Taco John's is consumed off premises. This will be further encouraged at Chester FC through its Take-Home concept, limited seating, and take-out promotions. Also, the product at Chester FC requires no point-of-purchase assembly, unlike Taco John's and most other QSRs. In addition, the average video browsing time before a transaction is 4 to 6 minutes, bringing the average Stardust customer visit to 6 or 8 minutes. The streamlined operational procedures of Chester FC Express can reduce these average times by one-half or more (Taco John's) and up to 75% (Stardust Video), thus reducing the impact on parking space time. Respectfully Submitted, ?~ C2k,..-_ · Paul Sullivan . . /' ~ ~,/ r-/------ ~ ~J I f II II oÇFICE. í ( ~~~'~\ . ! FRY FR; · , -\: I I _______J ~ l_________ . "\~. fR7.R. V , - I-I " 1 1 I I , (\ 1 , I I I I ~ ~ D ~ .~ I 1 V II ~ ~ I 1 , , , ~ , I 1 ~ 1 , ~ I , ¡ 'I~ ~ I I ~ '~n ' I I I I I I I i ! i I , I II . , I.J i t ; I : I I, -Il ~ í:: ? % . . D ...0 \ ,~ \n . )0 0 ~"" 0 ... ~ ..., :r J - 0- :t- ~ ~. ('t1 - ct' .., 1> D.., CÞ rI -- .~~ - ~ N ~.... .- - 0 0 . , f& 0 ) . July 3, 2000 City of St. Joseph Attention: Cari Schmidt, City Administrator 21 First Avenue NW St. Joseph, MN 56374 Dear Cari Schmidt: BPI Waste Systems of North America, Inc. (BFI), would like to thank you for allowing us the opportunity to service the City of St. Joseph. Per our conversation, the following represents two (2) proposals in which City residents could benefit. 1. Switch City residents from a source separated recycling collection system to a co-mingle two-sort arrangement. -This change would allow citizens the opportunity to mix all containers and all fibers in . bags thereby eliminating the amount of time needed for preparation of materials for collection. (See brochure attached). 2. Switch the City to a standardized cart collection system of municipal solid waste (MSW). -BFI roll-out carts make a better appearance than assorted miscellaneous trash cans. -All carts have lids that securely shut to keep precipitation and pets/animals out. -Residents will rent carts from BFI. BPI in turn will maintain all carts and replace if any are broken. (See brochure attached). COSTS CONTAINER SIZE $9.50 (Includes recycling) 32-Gallon *$10.50 (Includes recycling) 65-Gallon $11.50 (Includes recycling) 98-Gallon ??????? Bag System *The current contract is for 60-gallons ofMSW collection at $10.50 a month. If you have any questions or would like prices for additional collections, please feel free to contact me directly at 320-252-9608. BFI looks forward to a continued long-term relationship with the City of St. Joseph. . Sincerely, ~ '~ ~ ' Jamie Phewå~e Systems Inc. . 700 - 40th Ave. NE' P.O. Box 1125' Sauk Rapids, Minnesota 56379 General Manager, St. Cloud BfjIrIÆè'~OI£52-9608 . Fax 320-252-3448 30% Post-Consumer @ '# . ~ z' · 4th of July / · Event Report · - .. ~ Fourth of July - Review . OVERVIEW The Fourth of July activities went with only minor difficulties. Most of those difficulties can easily be remedied. FIRE DEPARTMENT WATER BALL No problems were reported or observed. PARADE Some difficulties encountered here. Detour The detour from County 2 to County 75 had temporary no parking signs placed on the route. The locations selected were good and this is a necessary item. However, it is not enforceable unless the council approves it in advance. The traffic was not flowing smoothly in this area because people did park on both sides of the street. The detour sign also pointed cars to the left onto 5th. The best choice for . the future would be to continue traffic on 4th. Half of 4th is all ready posted no parking any time on the East side of the street. We did issue several parking citations in this area because those are approved pennanent signs. Traffic Control The traffic control went smoothly. Planning The police department was not involved with much of the planning of the parade. When asked, I was told that everything was taken care of. Unfortunately not everything had been taken care of. No one had contacted the Sheriffs Office or the State Patrol for assistance with traffic control. AFTER PARADE EVENTS Most of this went very smoothly. Some problems did occur. There were 2 medical emergencies (1 heat injury and 1 heart problem) in the fenced in area of the church. While we provided medical assistance, it would have been nice if . there had been medical personnel with some equipment there on standby. "' . The closure of College A venue from Minnesota South for 12 block created a lot of problems. No one had notified the police department that this was going to occur. The rest rooms were placed across from the fenced in area. The organizers made the request of the County for the road closure and assumed that that County would notify the City. The problems that were created were mostly from vehicles travelling North on College. The vehicles drove past Kennedy School which was the last turn off they could take and run into a barricade at the alley. The organizers of the event decided that these vehicles could turn into the alley and proceed through to 1 st Ave NE. Unfortunately, the alley is not wide enough to allow for 2-way traffic with pedestrians and vehicles' towing boats and horse trailers. A solution was worked out where the road was half blocked at Kennedy School so that the North bound traffic could go on streets wide enough to handle the traffic while still allowing vehicles leaving the parking lots to exit on County 121. PERSONNEL The department utilized all personnel for the parade plus 3 reserve officers. Our part- time officer was assigned to work the evening of the 3rd and the 4th to provide an extra licensed officer on the street. Reserves worked the entrances and in the fenced areas. . Reserves provided 39-Y2 hour's time to the 2-day event. POLICE ACTIVITY The department handled the following incidents starting at 5pm on the 3rd and ending at 3am on the 5th: Criminal Damage to Property 2 $65 total damage Barking dog complaints I Fireworks complaints I Harassment complaint I Medical assists 2 Other assists 6 False alanns 2 Lost child 3 Vehicles towed from parade route 2 Traffic crashes 2 DUI 1 (.11 % BrAC) Open container alcohol in vehicle 1 Speeding citations 6 (74/45; 65/45; 80/55; 70/55; 70/55; 68/55) Unlawful Acceleration 1 Fail to use seat belt 2 - Child seat belt violation 1 - Expired vehicle license 2 (08/99; 04/00) . - þ RECCOMMENDATIONS . 1. Arrange with the County Highway Department to not issue road closure permits without the City being involved in the planning of the event. 2. Provide the detour from County 2 to County 75 go onto 4th NW to Birch to 2nd NW. 3. The City Council should authorize that all necessary no parking signs on the parade and detour routes are allowed. This makes them enforceable. 4. Encourage event organizers to provide more detailed plans to the City so that areas are not missed. 5. Provide on-site EMS personnel during mass gatherings. . ~ - . . ,. , Information Only Items . . ~. committee of road a airman. --- of July Directors .- . -- ,.. - . .,..~ )' .~ ~ c~ ~ 0 =! r:n :J ..n_. I» I» == 3 - ('þ Q. < ::0 en -. CD rl- - ...,. -. '0 n tn . ') . fI\ . Q. I» Q. C'D "'0 ..» .., .., , (1 :r 'en C) Q. '-. en ::r .::S < 0 C'D 0 I» ..... -. en - ::s _ .., ::s _ 0 Þ---I Q. ::r '< !J1 OQ I» c- O ... -. 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(þ _Q..::SI»~_('I) < C. 0 ('I) - ~ ~ (b en OQ -c I» ii\ rn..... - c ..,. I» Q. 0 ::s ""C ::s :E = .. ('þ en ~ . 0 _ c. _. == ::r -c. (")::s ñ· C'D 2. '"tJ 0 c. ~ ('þ 0 -. I» C ~ ""!_nc::s- en I ('I)_I CII ........~. ~ e ~. '-_-...-'-"_'.. _ '_~__-~'''J__'<__.''_,,,,,,,, ..~"'. -" : -'-.'-.' --', -' . ' " - .: ~- . . . ~ - ...... e· fhOtcYc:f Uteh.Ml. 0ADf ('oW\(',I- {{1{oo 1?\Mt ycv~r'~ .,po''¡'''" 'ly ~. fV\e# ~n. VtV ~4-* Þ\e~Maftp'lt ~ CCo('''~ t( (jf,~ MN rmfS. ÛJe. opffo~,Jr¡J .~ .~ ~ ch st\fS t 1J.Q. rcJ,fttfV\ ÞA fk ycv, ~ hCf\Q 'fc" (t't\~oV tr'Wt~r/.:rf ye" ~qllf tN\7 t:j"(S~~t ()ffOttf r.løJ ItIrtIöID :+0 ~I\-I«.t. ~ or. (V\oye:r /.it''¡'Yf'dfÞ,f''NW. -- ~( Vþk ~ ~~J. . .' .,~G~ . < 4. ? ~ N 01( ~~ 1:.- ~ ~ GREAT NORTHERN . BUILDING INSPECTION, INC. CERTIFIED INSPECTORS & ASSESSORS 572 Third Street North Waite Park MN 56387 Office: 320-251-2852 · Fax: 320-251-7263 TO: Cari Schmidt ,-City-Administrato.I, City of St. Joseph 21 NW 1st Ave. St. Joseph~ MN-56374 FROM: Ron A. Euteneuer, Certified Minnesota Assessor #1229 DATE: July 13-~ 2000 RE: Estimated market value City Hall annex . Legal Deseription: Parcel No. 84-53850-00, PLT-84002, LotOn~ N65'-OfLotsTI & 12, Block 8 Townsite of St. Joseph, Property Location: 21 NW 1 st Ave. St. Joseph, MN 56374 Property Size: 65 x 132 = 8,580 SF Neighooring Property Comparisons: Dennis Stueve, Parcel #84.53848.000 $2.42 SF Dale Schneider Parcel 84 .53847.000 ............. $2.24 SF - . J St. Joe Meat . Parcel #84.53851.000 $2.00 Mike Deutz Parcel #84.53854.000 $2.50 Fìrst St. Bank of St" Joseph, (Old Site) Parcel #84.53855.000 $2.20 Steams County Assessors Ofl1ce EvaluatiQn, (copy enclosed) 1998 Evaluation Land $25,700.00 Building $64,100.00 TQtal $89,800.00 Market Value for Redevelopment $250 to $Z.75per SFX85EO-= $21,450.00'- $23,595.00 For t'he purpose of :redevelopment the structures have no value. . - - ~:,~,<:,:,,-,~.;!~~~~tiW&l~i~~;i¡~,~~'~,~~,i~,;',~~}~t:;:':,.;:;~';;0:~~·,i:'1:',';;;!.'''';;d:~;:,: " , ,> '~.' ~~';<:;~/,~~:~, :, !:; 6'1" u " .. i~'I'~ ~'O(,~.~~~~. , ' ," '..."., ,0:, B. ~j~~2!i8J,: 'E~~~¡'W.t!i' þ'.. : ...;, "",,,,, "" ;¡.. .~ '1I.'i "f"þ· ~' .....: . .... '. . . .': . ~ Ii!. ~ . ~ . . ~ . :"!i ; ,/ ~ II ,: ~. t' ~ ''':';::':7~ ,:\~..",,'ì: :,1<",' (.t'i' '}!'\;,\!è ·~:'!.;';'é it r- I!!~ .' . ,', :" . fv;::':II 0 :D 6 e, i', " :,: :0' )~ Th ..~ I . ",,-,,.,,,. .., 'K ........ ..... , .... .. Q .. . ' ¡,; o. 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I 'ii'\( ~~ur~ om ' '.', ."... . .,:,,' . ,~,:.;. :'~ >: Ii i~ ~ ,~:~ ~~ . - . : .~ '(". .. I !' . ' ! ,I I ~ . " ...0 -..Q t 8) ~ .. '>J ~I '" i -.J ....J . 8 'J ) I ~ )..I I .f. - m -' ~ ~ 0 ~ 0 v ) CD Q:\ ).} ~ -I i CP (J'I ) 0 ) ) -<i \ <. z~ ..s> ~ g <.fI <.n -J -J , j i' 0 æ: . ~ z i ..J> I' ~-, Z. ./ ...,. .... ....... 0 " >< ..,.. \ " i~ c. I co ¡ ~ r -i (;i ;..¡ rrJ t!:I OOfi!Ö --fO ~ -lEG: X - !Z-I , - ...... ! o 'n , Oc--. '" , ....;..¡....-.o ú') 0'- .... -I 0 '-,' f71QJ - [~ f'!1 ~ ::2 I:tf -I '.0 ~ ( rOE.... .. - O"T1v ...... j 3: r , ¡ ^ (,.'i.... Z <n; ¡ -i 1'.) -' 0 ~ ~ 0'-< ÇJ1 c 007.1 0-- -. ~ ( ')!> (,..J I'TlZ '-l "GJ ~ J:fTl3 en ¡." f 0: .- ,... '" ~ - ,~ - ~ N Of( ~~ ~ ~ ~ GREAT NORTHERN · BUILDING INSPECTION, INC. CERTIFIED INSPECTORS & ASSESSORS 572 Third Street North, Waite Park, MN 56387 Office: 320-251-2852 · Fax: 320-251-7263 TO: Can Schmidt . City-AdminiBtratQl, City of St. Joseph 21 NW 1st Ave. St. Joseph; MN-56374 FROM: Ron A. Euteneuer, Certified Minnesota Assessor #1229 DATE: JIDy 13--~ WOO RE: Estimated market value City Hall annex · Legal Description: Parcel No. 84-53850-00, PLT-84002, LotOTI~ N65~OfLotsn & 12,IDock 8 Townsite ofSt. Joseph, Property Location: 21 NW 1st Ave. St. Joseph, MN 56374 Property Size: 65 x 132 = 8,580 SF Neigh50rmg Property Comparisons: Dennis Stueve, Parcel #84.53848.000 $2.42 SF Dale Schneider Parcel 84.53847.000 · $2.24 SF . . St. Joe Meat . Parcel #84.53851.000 $2.00 Mike Deutz Parcel #84.53854.000 $2.50 Fìrst St. Bank of St. Joseph, (Old Site) Parcel #84.53855.000 $2.20 Steams County Assessors O.ffíce Evaluation, (copy enclosed) 1998 Evaluation Land $25,700.00 Building $64,100.00 'IQtal $89,800.00 Market Value for Redevelopment $250 to $Z.75per SFX&5&(} = $21,450.00- $23,595.00 For the purpose of redevelopment the structures have no value. - . . '. .....¡<.." 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' ~:::¡: .;-:1. ;~ '~~~~f~ :¡~ú' ' " , ., , "..., '''; -, ,;\ 1;, ,sr~ i;<"'~""I; . i .' . .. ,. . I . , . .~' :~'I";' :'~ ; 1',;: 1~ / ~; "~'I- ~ , I . I ::'1":': I:' ". I" I I I - -D .J:J t 8J ¡;: .. '>J ~,fl q¡ i -..J -J . B ,) ) I ~ )..I I .f. - m ~ ~ i5: Þ :) (5 i G» ell ).} ..9 ...¡ Œ CP (fi ) 0 :) :) <i \ <. z ~ ..J> -1) ~ <...fI <.n ....¡ -J , g. () J ~ . ~ ~ i j) ,;;.,> z:. :. ""7 n ........ 0 v :>< ,-'f, i Ci) Co ì to f ~ ;- ....¡ f¡") ;-; (;; ~ oamö --iO i -(~n= x - !Z-i ~ - o rn , Dc-.. '" , i-';-;i-''-O (;') ~ i-' -i 0 f..J1 !7i OJ I~ !"!1 ~ ~ I:tI -i r..n rJ rOEi-' ., - o "11 "V () ¡ 3: <:.. ^ c...., i-' Z - <fñ ¡ -i I'.J .- 0 ~ ->.; e!. ot:.; <:J1 c COc:J7.I 0- -~ ~ (..') :i> ".J f'11Z 'J "G1 ~ ::fi13 CI) ¡" ¡ 0# ~ , I'" -.0 ~ . ~.dfJ- . StephAn;e. owe '. The foregoing constitutes our undeÌstanding of the items discussed and conclusions reached. . Other participants are requested to review these items aiId advise the originator in writing of any et1'Ors of omissions withii:1 ten daÿs of receipt. CC: . . ' I····.· , ' - GROOTERS-LEAPALDT TIDEMAN . II ARC HIT E C TS TELEPHONE MEMORANDUM' DATE: CONVERSATION HELDWITH:CariBchmidt, St.. Joseph CityAdminiRtrator RE: OustaJ1c:1ing IsSues . , St. Josepþ City Hall: St. Joséþh, MìmÌesota - - - ~ Issues Discussed: 1. We discussed the sprinkler head at the elevator shaft. Carl and the Mayor agreed to leave it out, and SaidtheywouldreviewwithDaveThi,esen, City ofSt. Joseph Fire Chief. 2. We discussed the details of theeouncilíabletbat were previously reviewed. Carl said we would not need to make any ~hangesto thedetåils. 3. We reviewed that"the" electriciilerigineer had submitted a proposal to design for, the emergency generator hook-up. Carl said this had not been,approved. 4. We discussed that the mechanical engineer would submit an additional service fee for the design of the separate mechanical system for the council chambers. Stephanie said that'she . would have the engineer discuss "with Carl. , 5. We discussed the iadio that is used for the police department and other city employees. Stephanie agreed to discu.Ss with the Chief of Police to find out what will need to be provided in the documents. 6. We reviewed that the plans CUITently indicate 24-hour vestl'bule access with an electric push button for door release near the dispatch office. The access would be by phone from both vestibules. Carl agreed this would work as described. ' S~~~ . The foregoing constitutes our' undemanding of the items discussed and conclusions reached. Other participants are requested to review these items and advise the originator in writing of any errors of omissions within ten days of receipt. . SHish CC: Carl Schmidt (for distn'bution) Wayne M~ . :E':~~-~~ä~~/t~~f~'" ~'''-~,1}~;~"Þ'''--r~~~·-' - ~=_ 'C~~-~~~~~~--__---.~~ ~~:-~"--"-~~!~~~~ - ,,~-~--~--- StephaniêHoWe (9928ME13) . .tI! - , . ~~: :~ Cable 'I\"" JI!~~ 4IIIÞ Group 402 Red River Ave. N. Suite #5 · P.O. Box 496 · Cold Spring, MN 56320 · (320) 685-7113 · Fax (320) 685-7134 - '.,. .- ...-.... July 7,2000 Dear Franchise Authority. We would like to give you advance notice of some changes that are taking effect August}-; 2000, for yourJranclùse. Each customer in your franchise r,eceived a bill message on their July bill that explaineå:tlìechangesin detail. The message read as follows: . Effective August 1st wcwiU·bemaking a few changes inour.line-up to-locate sinúlar interest channels together. ESPN will move next to MSC on #34 and EWTN will move . .{f"''' ESPN2' 11 .. ..", ~1 n_,. "1' ' #48 T" .. ld ilk w- ")IJ. · I .- WI ll10ve to ffJJ ana... tilWll1 move to .. .. 'iI you wou~·- -ea ne\v line-up please call 800-642-5509. Enclosed is a new lineup. If you have any questions or concerns regarding these changes please don't hesitate to call me at (320}685-7113 or (800) 642-5509. Steven . Johnson Regional Manager SU/jkt enclosure . I~ 1< III1II 1111 If II' ~ O· r!É! k~~ i!lt:~ ~§d b-%1 ~ ;, . ", I9.i '" ~ tlJ ?~..~..'j 'F.,:::.·~., \'.w.ï..'i~.· .;.~.'.. "~..".~ :' ~ ~\. ~ ~~~ {~r,,· ;¡~:;i ~~,-H ;Ú_'41 :r;(I~; ~ N ~ "" 't· ,,"~;¡',þ, it "" ",",,," Ä ....¡US..... : .... ~ ¡z, .... ~,~ ~.N ·I~' ~ ,*'!ž ~ ... ;1'" ¡~.... ... ·.~~.~)1"" '~1 co 1~4! Q\ f'~~ "" iPß~j N III ~ ... <= IC "I--J ~<II 1- ....œN'...IIC ~ --J Q\ <II ·IN... <=II--J '., I' , .,CO ~1Q\ .'!'~ "" N ,.t;:,/ <=,'i'~ '0;', . ~,.;¡"..."" ~¡J! 'l,tI - ~i'1 '" 'Ji '. - ,.. Ii< ., "" 'W;, ."" 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'- _-5 -----:- i ~ ";,-" 1 '> ., ,,,,.,..,,,; 'g;:'" .,., 0 1':, . i..., i-~ ' ,C,. . !" · jj .~;' " , ". · ~ f1 p~ !~j n~ _ ,i' ;1 f:, . ~ ;~ ~1 ~~ ; ." . ~ 'JJ" -"~ ..J ""I !t~ ':~4'~1 '~'-1:1 . . >:~\5~ ~':SJ ~~ ,~ - -- Rod & Gun Club nnual Pic.nic: August 12t i 1-4 Food + Ga 5 + Fun Hot DQgs, Hamburgers and Beyerages Will Be Provided Bring a Dis To Share If you are not a member, y u may sign up on August 12th: . Single: $ 8.00 Famil}: $ 2.00 Any Quest ons Call: Tim Hoffman: 363-8550 Judy Schwege : 363-4290 . IOO 'd LOOl ZÇZ Ol£:13! L-ÞL81 lINn Å3NN3d~r 6Þ:OI (nIdloo.ÞI-'1nP , · Met110randum - To: Mayor and City Council cc: Cari Schmidt, City Administrator From: Gary D. Will Jr., Chief of Police Date: 07/10/00 Re: Saved by Belt Club On May 25,2000, a two-vehicle crash occurred on Hwy 75 at Northland Drive. Lois Julson of Waite Park drove the victim vehiêÍe. Mrs. Julson was wearing her and her air bag deployed saving her ITom serious injury and possibly death 55mph crash. her to the state for a saved by the belt recognition. The certificate, lapel were sent to me for delivery to Mrs. Julson. I have presented this to is through the Minnesota Department of Public Safety Traffic Safety 1 rV-UU>III'jCW:S.; rUll ,:)lVIY ragc I VI I · -"'-?~-, Se-[:1rch Ne-W5 July 05,2000 08:41:17 AM HOME St. Cloud Honors Fallen KARE~ 11 NEWS Heroes Headliner Put KARE-ll Headlines WEATHER Waterfall Memorial on your desktop SPORTS MORNING NEWS A new waterfall is spilling over 220 tons of Early Morning granite in St. Cloud, to honor people killed in Shootings Related RECIPES the line of duty. FEATURED LINKS Computer Donation TRAFFIC The memorial was dedicated on Independence EXTRAS Day to honor veterans, firefighters and law Little People enforcement officers who have given their lives TRAVEL to protect others' freedoms. EDUCATrON Patty Peterson PROGRAMS There to turn on the waterfall were Wendy Firework Dispute Klinefelter and her daughter, Katelyn. PERSONALITIES Klinefelter's husband, Brian, was shot and Kills St. Paul Man · COMMUNITY killed in January 1996 while on duty with the NEWCOMERS St. Joseph Police Department. More... MN EMPLOYMENT (Copyright 2000 by the Associated Press. All CONTACT US Rights Reserved.) FAQS SEARCH MbíJt¡råJiØtístSt,Pd~1 11i\l52'" Return to News main paqe mm ..... ',. ...,.. '. · . . .. . .' "i';" "".-r-.... (Jj~'J~Aræ comm GHANNELCCJM ~ Terms and Conditions of Use Hosted by VIS " .... VISI.com " Questions, comments or suggestions? Contact Us ©1998,1999,2000 KARE 11. All rights reserved. Built in partnership with botWerks KARE-ll is a division of Multimedia Holdings Corporation · http://www.karell.com/news-artic1e.html?NEWS_ID=11313 7/5100 l3enton County ~ Saint Joseph Township Haven Township Saint Wendel Township LeSauk Township Sartell eer Townshi~ - Sauk Rapids Saint Augusta Township ST. CLOUD AREA PLANNING ORGANIZATION Sherburne County - Saint Cloud 1040 County Road 4 St. Cloud, MN 56303 Stearns County ---- Saint Joseph 320/252-7568 320/252-6557 (FAX) E-MAIL: apo@cloudnet.com Waite Park July 5, 2000 TO: St. Cloud Area Mayor's and Council person's FROM: William Hansen, Executive Director, APO RE: St. Cloud Sales Tax Survey e Pursuant to direction by the APO Policy Board, I am writing directly to all St. Cloud Area Mayor's and Councilperson's to encourage a dialogue on the merits of coordinating a metropolitan wide sales tax initiative. At the June St. Cloud APO Policy Board meeting, the above referenced survey was discussed relative to funding specific projects, including transportation improvements. The discussion evolved from a recent telephone survey of St. Cloud residents commissioned by the City. Attached is a newspaper article summarizing the survey results. This survey found that taxpayers might be willing to fund specific projects with a local sales tax. As illustrated in the article, roads and bridges received significant support from St. Cloud residents. The APO's discussion focused on the merits of conducting this survey on a metropolitan wide basis and perhaps jointly consider requesting sales tax authority. Please discuss this matter with your council at your earliest convenience. The APO Board will continue their discussion on August 10, 2000. e A Voluntary Association That is Committed to Coordinated Long-Range Planning Through Constant, Cooperative, Intergovernmental Communication Thesday . May 16, 2000 Taxpayers may ftmd chosen projects Survey: St. Cloud residents are more willing to support tax increase for individual proposals By Lawrence Schumacher TIMES STAFF WRITER St. Cloud voters may support poll were divided evenly, with 45 Support for half-cent sales tax increase a future half-cent sales tax refer- percent supporting the concept Support tax in general Support tax for certain projects endum, but only if it funds the and 45 percent opposing. How· Depends right projects and people can ever, when asked if they would vote for each one individually. vote for a sales tax referendum Those were the results of a that would fund projects they telephone survey revealed at support, 62 percent favored ir, Monday's St. Cloud City Council while 30 percent said they would meeting. oppose it. Conducted by St. Cloud State The city may craft a sales tax University Survey, a research referendum for the November unit at the school, the poll gath- presidential election, Mayor Don't know ered results from 612 St. Cloud Larry Meyer said. If approved, residents at least 18 years old the city would use the non-bind- Source: SCSU Survey from April 24 to May 3, said ing referendum's results to . Stephen Frank,leader of the sur· request sales tax authOlity from TIMES GRAPHIC vey crew. the Legislature, he said. y\'hen asked if they would sup- But the results of that referen, port a sales tax increase in gen- dum would depend greatly on eml, residents who answered the - From Page lA Reasons for voting Support for tax-aided Taxpayers against sales tax increase projects Taxes Other Opposed Roads already ..,----1¡-~" to events ~*í;5i':~-~:i~:-;' ~~~~_'::-:: \:"ib; 67°/~ what projects voters are asked to sup- high / -, ~%: ~ center Park land port, the poll's results indicate. i 17%, ¡ 26 \'. :~'~;',-, -~ ~,-",-,...: - -;. ;:--~;~ 64% The projects respondents most strong· ~\¡ Park facilities ly supported spending more money on, r\ 30% ~O% .;..;~ ,!;: ~-~'.'-;';> :_"'-~ :,C: 59% whether through sales tax revenue, prop- Remodel or expand library erty tax revenue or both, were roads, \ 10"1<" parks, a remodeled/expanded library, a \ . Opposed \h~"-"-, "~.," ¿'- _ '" 57% Opposed \ library Poollwaterpark waterpark to replace MWlicipal Poo~ St. project Cloud Regional Airport and bridges. to projects e.~ 56% grouped together Opposed Two ideas fell flat with réSidents - other Airport building a regional events center and a Source: SCSU SUlVey projects :" ,: ,-. i.- .';:. f ,-"0.': 53% new library - said survey co·director flMES CHART Bridges Michelle Kukoleca Hammes. ~:.;. ~: --. :-:=';:;-" ~-;~ -: 51% "Except for the events center and a each item separately, while 19 percent New library new library, over 51 percent (of respon· said they want to vote once on a com- i 39% dents) would favor some form of bined ballot. increased tax spending for all these pro- The combined weight of an unpopu· Events center jects. In most cases, the sales tax was sig, lar events center proposal and the com· ~32% . nilicantly favored over property taxes as bined ballot probably helped defeat last Source: SCSU Survey a source of funding," she said. November's attempt at a sales tax ref- People also want to choose, on the erendurn, Meyer said. TIMES CHART ballot, which projects to fund with a Of respondents who voted against last sales tax, Kukoleca Hammes said. year's sales tax, 30 percent said the bal- If another referendwn takes place, an If a ballot asks voters to fund more lot packaging was a reason they opposed events center should not be on the bal· than one project, 76 percent of the poll it, and 26 percent said their opposition lot, and voters should be allowed to vote respondents said they want to vote on to the events center was a reason. on projects individually, Meyer said. ~ -~ . J u·l. 6, 2000 1 0 : 1 7 AM No.3~31 p, 2/3 - III GLT ARC HIT E C T S . .Grootet:s Leapaldt Tidcman . MtlÜCOJlke 80S CoU11bouse SqllaN . St. ClQUd, Minnesota 56303 5 July 2000 Phone 320,252,3740 · Fax 320.255.0683 www.gltBlCbiteclS.com Ms. ciui Schmidt City of Sl Joseph 21 First Avenue N.W. 8t. Joseph, MN 56374 R.e: Sf. Joseph City Ball St. J'oscpb, Mfmaesota Deaf Carl, Following is a list of items that were added to the project subsequeD.t to the most recent Preliminary Cost Projections dated. June I, 200f). Some of these iteros were added as ~ed by the City, others were added as requiœd by a more detailed code review. Because the Bid Date is quickly approaching and we will soon find out at what price a contractor will a.ctua11y build the projee4 we felt it would be a mute point to quantify these items at this t;me. 1. Code review of more detailed drawings required the following items: · VesnDu.le 112 to be 1 hour rated constru.ctkm; therefore, all doors and glass into thi5 vestl1nde are rated. · SJIloke and fire dampers were added as required in the ductwork. · Miscellaneous hardware was added to the eXisting basemen.t dooJ'S to maintain the fh'e rating of . the exi5ting oorridor. 2. .Roof ~ was added at the location whC(e the existing mechaD:ica1 ~uipment was removed and/or relocated. on the roof. . '\ 3. Phone lines We(e added in both vestibules for 24-holU" access to ~modate push buttøn entry fton:1 the police department. Hardware to accomplish this access was added to tb.e vestibule doors. 4. The project manual included a bid bond, performance bond. and a JBbor and material payro.ent bond as requested by the City. Other items that need to be clarified, telephone outlets will be provided for the 24-hour access at the vestibules; however, the' phones are not mcluded in the construction documents. Also, I discussed the police department radio with the Chief of Police. Please see the attached telephone memo regarding the conclusions tIuú were reached after this discussion. AB always, please call me if you. haw any questions. Sh1<aoIy, ~ ~ ""-AM Ene. cc: David ~ ~n1e Howe (9928COl0) '. \ :- . \ lfflutch O/!kf \¡ . 475 SecQlJdAvenœ' NewpOrt, MinneSota 55055 Phone 6$1.459.9566 . F8)t 651-4583615 ! Dirid LupaldL . Danirl Tidolllaß . Scovo Fu,çh . loh ) Frhçhmann J u ,I. 6, 2000 1 0 : 1/ AM No·J~JI p. J/ J ""v - " '" III GROOTERS LEAPALDT TIDEMAN . ARCHITECTS TELEPHONE MEMORANDUM DATE: Joe 11, 2000 CONVERSATlON HELD \VlTŒ Gary WiD, City of Sf. .Joseph, Chief of Police RE: Radio foJ' Poti.œ Departmo.t St. Joseph City Hall St. Joaeph, Múmesota 1søues DlseuBsed~ 1. We discussed the radio system that is used by the police department and other City etnployeeg. GaJ:y said that the ~ !Jystem would be :reused in the new location, but he thought the wiring should be completed during éoIUibuction. 2. Stepbanie suggested the electrical drawings would include conduit necessaxy for this radio, and the City would Jmve the anteIma and the necessary coax cable installed. Gary thought this would work as long as they have the ability to tun the cabling ftom the roof down to the dispatch desk. Stephanie agreed. to discuss with the electrical engineer: CONVERSATION HELD WITH: WayJI.e Meyer, W..1. SwtIlerland -. L We reviewed the requirements fat the police department radio. Wayne said that the dispatch ~ wòuld have wiremold that includes locations for phone and data lines on three sides of the room, and· conduit wóuld be provided above the cei.ÙÞg for telephone and data coDlleåiOllS. He said that a separate telecommunications company would typically complete the instal1.ation oithe actu.aJ. system. ~ - The foregoing CODStitutes our undenumding of the iœms discussed and CODClosions reached. Odw participants are requested. to review tbœe items and aòvi8e the origiwUor in wriûng of any ettQØ Qf oUl.Ì$8iODS within tcI1 days of receipt. SH/$h Cç: Carl Schmidt (for distnõu1ion) Wayne Meyer David Leapaldt StephaDie Howe (9928MBt4) '. ¡ " \ ~ . \ -.. \, t . !