HomeMy WebLinkAbout2000 [08] Aug 17 {Book 20}
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. CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668, St. Joseph City Council
St. Joseph, MN 56374 August 17, 2000
(320) 363-7201 7:00 P.M.
Fax: 363-0342
1. Call to Order
Ilk 2. Approve Agenda
3, Approve Consent Agenda
MAYOR a. West Metro Corridor Environmental Impact Statement Proposed Cost Sharing Formulas
Kenneth 1. Hiemenz b. Approval of election judges
4. 7 :00 Public Hearing -Seren - Franchise agreement
CLERK! 5. County Road 121- Requestfor annexation - Herb Bechtold
ADMINISTRATOR
Cari Schmidt 6, City Engineer Report - Joe Bettendorf
a. CR 121 Survey Report
b, Televising of sanitary sewer proposal
c. CR 133- Contract Documents
COUNCILORS
Bob Loso 7. 8:00 - Noise Violation-121 East Ash-
Cory Ehlert
.Wit 8. Department Head Reports
_ Niedenfuer a. Public Works Director Dick Taufen-
b. EDA Director Chad Carlson -
c. Deputy Clerk/Finance Officer Judy Weyrens-
d. Gary Will - " F-
9. Approve Minutes - City Council Meeting 8/3/00
10. Bills Payable and Overtime -
11. Public Comments on the Agenda -
12. BFI - Commingling recycling program and Cart proposal
13, St. Cloud Library - Cost sharing proposal for region
14. Sales Tax Issue - Ballot issue
15. Miscellaneous and Announcement Items - Joint meeting with Planning Commission to disclIss
the St. Cloud Area District Plan
16. Reports - Mayor, Council, Clerk/Administrator
17. Adjourn
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. ~o~o~o CLERK/ ADMINISTRATOR MEMORANDUM O~O~O~
TO: HONORABLE MAYOR KENNETH HIEMENZ AND CITY COUNCIL
FROM: CARl SCHMIDT - CLERK/ ADMINISTRATOR
SUBJECT: MEMO FOR MEETING OF 8/1700
DATE: 08/14/00
Council Meeting-
Seren Public Hearing - Representatives from Seren Innovation~ will be present formally requesting their
franchise.
121 Annexation Request - Herb Bechtold will be present to present petitions for annexation from the
residents along 121. Two thirds of the residents along 121 are requesting this action. The Council and
Town Board both must formally approve the annexation before it can go through.
Engineer's Report - There are two letters from Joe Bettendorf in the packet. The fIrst letter is regarding
televising of the sanitary sewers. The second letter is regarding the surveys taken along County Road 121,
295th, and 103rd Avenue. For the homes along County Road 121, approximately 60% of the respondents
met the eligibility requirements. Bettendorf will be present to discuss these items. We also received the
. contract documents for 133. The cost for the City of St. Joseph is $135,559.55.
Consent Agenda - The St. Cloud Area Planning Organization has proposed a cost sharing formula for the
West Metro Environmental Impact Statement. The portion for St. Joseph is 1.3%.
Noise Violation -121 East Ash - The owner has not requested an evidentiary hearing. Chief Will will be
present to discuss the facts of the event.
BFI - Representatives from Browning Ferris Industries will be present to report to the Council on their new
commingled recycling program. They will also be presenting a proposal to provide carts for refuse to the
City. There is a letter with a proposal from BFI in your packet.
St Cloud Library - The St. Cloud Library Board is proposing the possibility of extending hours of the
library to Sunday. In order to do this, they are asking for a 30% contribution of%75,000 which they have
figured is the usage by the surrounding communities. They are looking for a response from the City in
support or against this proposition.
Sales Tax Issue - The City of St. Cloud is planning on placing a question on the ballot in November. Some
of the surrounding communities are discussing placing a similar question on their ballots-something to the
effect of "Should the City of St. Joseph approach the Legislature for authorization to impose a local sales
tax?" Is this an issue that the Council would like to see on the local ballot?
Joint meeting with the Planning Commission to discuss the St. Cloud Area District Plan - The St.
Cloud are Joint Planning District Board is looking for comments from the surrounding communities on the
plan by the 9th of September. We would like to set up a joint meeting of the Council and the Planning
Commission to discuss this item.
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Miscellaneous-
Just a reminder that we have a budget meeting on Wednesday, August 16th at 4:30 at the Fire hall. .
Have a good weekend everyone!
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ßenton County ~ Saint Joseph Townshir
..-- Saint Wendel Townshi
Haven Township
----- ---.-- -
. L~Sauk Townsh~ Sartell
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Palmer Township 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
August 8¡ 2000
MEMORANDUM
TO: Mark Sakry¡ Steams County Board
Mitch Anderson¡ Steams County
Mayor Bob Pogatshnik¡ City of Sartell
Bob Therres¡ City of Sartell
. Mayor Larry Meyer¡ City of St. Cloud .
DeWayne Mareck¡ St. Cloud City Coùncil
Steve Gaetz¡ City of St. Cloud
Mayor Rick Miller¡ City of Waite Park
Bill Schluenz¡ City of Waite Park
. Mayor Ken Hiemenz¡ City of St. Joseph
Chad Carlson¡ City of St. Joseph
Tim Weisbrich¡ St. Joseph Township Board
Kevin Pullis¡ LeSauk Township Board
FROM: Scott Mareck ~ r.A
RE: West Metro Corridor Environmental Impact Statement (EIS) Proposed Cost Sharing
As you may be aware¡ a special meeting of St. Cloud Area Planning Organization (APO) elected
officials representing agencies participating in the West Metro Corridor Study was held on July
27th. The purpose of this special meeting was to arrive at an acceptable cost sharing formula for
the upcoming West Metro EIS. Attached to this memorandum you will find the cost sharing
formula that was agreed to at this meeting.
On August 1 st¡ the Steams County Board of Commissioners approved their expenditure identified
in this formula. It is requested that the remaining- local jurisdictions participating- in the West Metro
Study also approve their respective expenditures, as identified in the proposed formula, so the EIS
. process can begin.
Thank you for your assistance with this matter. Should you have any questions¡ please contact me.
Copy: Jim Povich, MnDOT District 3
A Voluntary Association That is Committed to Coordinated Long-Range Planning
Through Constant, Cooperative, Intergovernmental Communication
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,
. Election Judges
September 12 Primary
November 7, General
1. Gene Pfannenstein
2. Jane Reber
3. Adeline Gillitzer
4. Marge Lesnick
5. Tom Nahan
6. Leona Gapko
7. Rosie Taufen
8. Jo Ann Schneider
9. Dorothy Sadlo
10. Doris Johnson
11. Shari Claire
12. Elaine Imholte
13. J an Pfannenstein
14. Marcella Gill
15. Clarence Fischer
. 16. Eileen Walz
17. Grace Loso
18. Audrey Twit
19. Jack Schuh
20. Mary Generous
21. Cari Schmidt
22. Judy Weyrens
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seren innovations, inc
Astound
by Seren Innovations, Inc.
P.O. Box 798
. Waite Park. MN 56387
Main 320-529-1300
Fax 320-529-1303
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.
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'\ by S8ren
~ InnovatIons
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. 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 ct:Jannel. 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,
~4~
Cress Gackle
Manager, Franchise & Regulatory
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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.'
February 16, 2000
Kenneth J. Hiemenz
Mayor, City of St. Joseph
21 First Avenue NW
St. Joseph, NIN 56374
Dear Mayor Hiemenz:
This letter gives notice that Seren Innovations, Ine 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.
Sincerel y;
~e4~
Franchise and Regulatory
cc: John Scherer
Glynis Hinschberger
Tom Gibbs
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providers;f ~:-; Cable TV, High-Speed Cable Internet and Telephone for homes and businesses
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. ~ Seren Innovations, Inc. A Subsidiary of Northern States Power Comp¡¡ny
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.
Weare including in this letter the following documents as per City Ordinance 36;
1. 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.
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~--r ~ - / .
Cress Gackle .
Franchise and Regulatory
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:1.5 South 5th Street Suite 500 Minneapolis. MN 55402 800-550-6238 Fax 6:1.2 395·350:1. www.seren.com
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PRODUCER (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
5 Smetana Dr; ve ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
51.. . "e #370 COMPANIES AFFORDING COVERAGE
Minnetonka, MN 55343 COMPANY Assurance'Compariy of America
Attn: He 1 en Hotze CPCU AU Ext: 236 A
INSURED S I . I COMPANY Northerninsuraiice Co. of NY
eren nnovatlons nc. B
15 South 5th Street
Sui te 500 COM~ANY
Mi nneapo 1 is, MN 55402 -.'- - ,....-.., " ...-
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CO : TYPE OF INSURANCE POLICY NUMBER : POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR: - ; DATE (MMIDDIYY) DATE (MMlCDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2 , 090 ,
: X : COMMERCIAL GENERAL LIABILITY , PRODUCTS - COMP/OP AGG $ 2 , 000 ,
4'&k'11 CLAIMS MADE X: OCCUR: PERSONAL & ADV INJURY $ 1 000
A 'v_,'" 'PPS35610543 06/26/1999 06/26/2000--'" ...1 +'
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 009,
FIRE DAMAGE (Any~nefire) $1" 9ºQ,
MED EXP (Anyone person) $ 10 ,
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
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' LlABILIiY
EL EACH ACCIDENT $ 100 (
B THE PROPRIETOR: IN' TC098764203 12/31/1999 12/31/2000 '
PARTNERS¡EXECUTlVE CL EL DISEASE - POLICY LIMIT $ 500, (
OFF!CERS ARE. EXCL EL DISEASE" EA EMPLOYEE $ 100 . (
OTHER
DESCRIPTION OF OPERA TlONSIlOCA TIONSNEHICLESISPECIAL ITfMS
ertificate holder is named additional insured as respects to cable television franchise.
I CERTlFICA TE HOLDER:-::i·~./,-.' o>::;~. ~:~;.~";'S:i~:'~>:~..?:~~~~~~~1J~N '''~'''c~: ::~((g~"'~'''~~'·r~~5'-?:.:'~!.\3<';,'fr5·ß~~l'!'_~~;t~~',-:.~~i.:
, 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 St. J 0 s e p h ...3..0.- DAYS WI'IITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THELEFT,
21 1 s t A v e n u e NW Bur FAILURE TO MAIL SUCH NOTICE SHALLlMPOSE NO OBUGA TlON OR UABIUTY
PO Box 668 OFANYKlNDUPONTHECOMPANY./TSAGE 0 RE SENTA s.
St. Joseph, MN 56374 AUTHORIZED REPRESENTATIVE
Helen Hotze CPCU AU
A~-RR9 ;~,5.S (1195) Q~
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ACKNOWLEDGMENT BY SURETY
STA1E OF Minnesota
} ss.
County of Hennepin
On this 2nd day of March 2000 , before me persona:
,
appeared Susan M. Van Prooyen , known to, me to be the Attorney-in-Fact
Reliance Insurance Company
, the corporati
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 a
year in this certificate first above written.
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"'thereb ",'iiì fulJ'~an¡ftÕí"thë'iï¡,,' ë~êxtêm~¡~t'à~tì;'ÞQ;(a8 ~IíMl\thâëðã~r~iis:8rid'ciih¡r~W~tírìg":Öbl!gâ~" ":in )hii ~jû~e' :theríìôf ;Wë¡è~~¡'<nêc
ExecuJv.e,~C?ff{lë~;;~f.¡~bi~Ç~:Q!1..'}!œ~!~lftiJ ~~ ::~~t!1.ted~YYi'iitit~e.~fó:ftl!î.f;"Ù~fM~i~¡::8~ ~~e[iV'C~,~~~þ.(~~)~J:~Îi~~;~Š-IQ,iiã~!!.~è
" ",;;;2. .'Anomey!.I.;n.F~ ~~ pow""~~~.~~ject !!'.;º",:,~oi1d h'"'~.tIOno oltheP.ow..of ÄttOfney!-Old to thorn.. to ex~=cleliv.. on~tol;the Cci!Ylp..
'Reeolved that tho oiQrimir..Ot'~~õie·ft offi.... ""¡tnê ....01 the Comp...., may be áttixed to ...., ouch POWII' of AttorneY -or ...., ';érificat.e !eìating thWo1Ù
. : .. =;:8~FI~~i~1I1i~~ii:~:;;'"'~-:~~~·:;'~;~tit'ir~Ç"ã·
, IN WITNESS WHEREOF,thè~'CòmpárJe;tháv~ cáûšU'H\~sê présents'ìo:te signed and their corporate seals to bè<'hereto 8ffixè'd~"'thiâ"A.Jr
1999.
! i, REUANCE StJRETY CO~
'.. --:", RELIANCE INSURANCE COr-.
-;UÑITED PACIFIC INSURANCE COr-.
,RELIANCE NATIONAL INDEMNITY COr-.
.t)~ ?~
STATE OF Pennsytvllnia,,:,'
COUNTY OF Philadelphia
"-: "- ~-- . -. ,.....
On this, August 4, 1999, before me, Val.ncla Wortham,'personally appeared David T. Aken, who acknowledgad himself to be the Sen;,
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Compeny, Unitad Pacific Insurance Comper
Reliance National Indemnity Company and that as such, being authorized to do so, executad the foregoing inatrument for the purpose
containad by signing the nalTle of the ,corporation by himself as its duly authorized, officer,'
. -
In wi"", wh.".., I h."unto 00' my h.od.od .ffi,i.1 00". ~ . .
NOlanalSeal ...~. "Irt~
ValenCIEI Wortham, Notary PublIc ~\.A.li'-"
Phlladelpnfa, Philadelphia County . . S f P
My Commiss¡on Expires No 18 2000 Not~ry Public I.n and 'C?r t!:'e tate 0 ennsytv;
V. . '. Resldang at Philad~',phia. ..", ~ ,_..'-
-- - - - '-
I. Anita Zlpp.rt, Secrlltary of REUANCE SURETY COMPANY, REUANCE INSURANCE COMPANY, UNITED PACIFlCíNSURÀNCE CÒMPAN
RELIANCE NATIONAL INDEMNITY COMPANY do hereby cortify that the above and foregoing ¡I a trua and corrllct copy of,the Power of A'
executed by laid Compa.~e., 'w~,~h !(_ti1Iln full force and effect. .,:-:':'''~>~,-". .~.. ;";'."','" .'.:.......:. jh -~'...~~;,,~:-¿,:....."".~,~:,>.--",.~
. , ... ........""'- ..... . .
IN WITNESS WHEREOF, I haV1t ,~.r~.~. .~t my hllnd anclllffixed the .eal. of .aid Companies this Zn.d day of. Ma'rc h
. . .' <:~,c. . <; ,., . .~~ ., .. ... .., " .
I
¡ -'.
I
~, THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW
,- ,:,- ..
~ .
.
, FRANCHISE BOND
Bond No. 2882374
. KNOW ALL MEN BY THESE PRESENTS,
THAT SEREN INNOVATIONS. INC., as Principal, and RELIANCE INSURANCE COMPANY, Ii
corporation ofthe State of Pennsylvania, having its executive office in Philadelphia, Pennsylvania, as Surety,
are held and finnly bound unto THE CITY OF ST. JOSEPH. MINNESOTA, hereinafter referred to as
Obligee, in the penal sum of Seven tv-Five Thousand and No/IOO----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, finnly 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 ofthis obligation is such, that if the above bound Principal shall
faithfully perfonn, well and truly observe and fulfill the tenns and conditions of the rranchise, then this
obligation shall be void, otherwise to remain in full force and effect unless cancelled or tenninated.
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 tennination of said franchise, whichever
occurs first.
This Bond may be tenninated 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 tennination or cancellation shall
not affect any liability incurred or accrued under this Bond prior to the effective date of such tennination or
cancellation,
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the
2nd day of March. 2000.
Witness: SE~VATIJNS~
?~é k~~¿-c
BY'~
~ ~
. Approved and Accepted by:
. . .
City of St. Joseph, Minnesota I~CAROLEA.WALLACEI
. NOTARY PUBLIC - MINNESOTA
My Comm. expires Jan. 31. 2005
. .
.
.
,
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 ofms signature.
~~.~
Cresston Gackle
.
IN WITNESS WHEREOF, I have hereunto set my hand and afflXed the
seal of said corporation this 'JOJt..day of July, 1999.
(Corporate Seal)
.
"t ' . '
,
Subj: FW: Hello
Gate: 7/14/0010:51 :39 AM Central Daylight Time
. rom: NOREEN.LOSO@fingerhut.com (Loso, Noreen)
To: 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
. What 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 generatormtle 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 05, 2000 1 :37 PM
To: 'NOREEN.LOSO@fingerhut.com'
Subject: Hello
. Hi. Has Cress Gack\e been in touch with you 'v€ry 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 gi'v€ 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 "en if you haw questions, okay?
FrIdoy, Juti 14,2000 _. OnlIne: HIoso PII9I!: 1
. AI tol &"Clure . englll.lerillg . e1lvironmmtal . trQtUportalioR
.
.
August 11 ~ 2000 RE: St. Joseph. MN ,
. S8DÍtary Sewer Televising
SEH No. A·STJOE 9804.00t 9904.00~
and 0002.00 14
Honorable Mayor and City Council
City of St Joseph
21 NWFirstAve
PO Box 668
St. Josepb~ MN" 56374-0668
Dear Mayor and Members of the Cot.mcil:
As I indicated earlier this SÚ1nmer, we have been including televising of the sanitary sewer after
initial construction in our recent construction contracts. This is to provide 8 pennanent visual record
of the pipe condition and locatîbn of a11 service lines. I did not, however, have this included in the
contract for the Business Park and Joseph Street I simply missed it as the plans and specifications
were being developed.
I think it should still be done to provide 8 Continuous record of our sanitary sewer installations. Dick
Taufen and I would also like to dean and televise the IS-inch sanitaty sewer installed for DBL labs
in 1992; this is the sewer line that the Business Park and Joseph Street drain into. I have discussed
this with Infratech, the company that will be doing the televising in the downtown area, and they
have agreed to add this work to their contract if approved by the City Council. The televising would
be at the same unit cost of $0.50 per foot, regardless of pipe size. The cleaning of the existing 15-
inch line would be at $0.75 pet foot, which is higher than the unit price of $0.65 per foot for the
. downtown area because it is a J~ger diameter pipe. The total projected costs would be as follows:
Business Park: Televise 4200 feet of 8" and 10" pipe @ S0.50 per foot = S2t 100.00
Joseph Street: Televise 1600 feet of 15" pipe @ SO.50 per foot = $800.00
Exi~g Sewer: Televise 2050 feet of 15" pipe @ $0.50 per foot = $1,025.00
Clean 2050 feet of 15" pipe @ $.75 per foot = $1,537.50
Total $2,562.00
I will be present to discuss this issue with you at the August 17, 2000 City Council meeting. Thank
you, and please call if you have any questions.
Sineerely~
'--:}¿~ K. ~
Joseph R. Bettendo~ P.E.
e: Dick Taufen
\\Mool~.""II..oo.ldoo
Short Elliott Hendrickson Inc: . Offices located throughout the Upper MIdwest· . Equal Opportunity Employer
m ltdp you plan, deJW; and adùerJt.
.
~
, August 11, 2000 RE: St. Joseph, Minnesota
County Road 121 Improvement
. SEH No. A-STJOE 0004.00
Honorable Mayor and City C01.Ulcil
City ofSt. Joseph
21 NW First Avenue
PO Box 668
St. Joseph, MN 56374-0668
Dear Mayor and Members of~e Council:
The surveys taken along CountY Road 121, and along 295th Street and 103rd Avenue are in. For the
homes and apartments along County Road 121, approximately 60 percent of the respondents meet
the eligibility requirements. Thjs is well above the minimum 50 percent required. The respondents
along 29Sth Street and 103rd Avenue did not qualify. I hope to have the actual numbers for you at
the Council Meeting on August 17th.
;
The results for County Road i21 are excellent. Our grant writer discussed the project with the
Department of Trade and ~nomic Development (DTED) which administers the Small City
Development Program (SCDP)~ and was told we have a very competitive project. DTED liked the
mix of rental units and single (amily homes, and also liked the fact that the City and County were
both involved in the project 'Q1e next step, if you wish to proceed, is to submit a Comprehensive
Grant Application. Grants are available up to 1.4 million dollars, and would apply to housing rehab
for those who qualify, includirig the apartments, and to the sanitary sewer and water installation.
This application must be submitted by October 1, 2000 to make us eligible for funding next year.
. The grant application is a considerable- amount of work and we would ask to be compensated in the
amount of $5,000 for this effø~ which would cover most of our costs. This is a competitive
submittal so we cannot guaran* success, but DTED has indicated we have a good chance of being
successful if we choose to pro¢eed. I will be at the City Council meeting on August 17> 2000 to
discuss this issue. Thank you and please call if you have any questions.
Sincerely,
~
,j6~ f".~
Joseph R. Bettendorf, P.E.
City Engineer
c: Dick Grabko .
\1oåc1~IIJÐO.I.'"
Short Elliott Hendrickson Inc. . Offices located throughout the Upper Midwe~t . Equal Opportunity Employer
M Iu/þ yoll plrm. daÎ8R, and adiÎ6H.
.
-"I . ,~
,
. ~
AGREEMENT
THIS AGREEMENT, made this day of , 20 by and
between the CITY OF ST. JOSEPH , MINNESOTA, a municipal corporation,
party of the first part, hereinafter known as the CITY and the COUNTY OF
STEARNS, MINNESOTA, a municipal corporation, party of the second party,
hereinafter known as the COUNTY, WITNESSETH:
That the parties of this agreement, pursuant to M.S.A. 162.17,
subdivision 2, Laws 1959, Chapter 500, each in consideration of the agreements
on the part of the other herein contained, do hereby agree, the CITY for
itself, and the COUNTY for itself, as follows:
THIS AGREEMENT shall apply only to street improvement project
SP 73-596-01 relating to that part of County Road 133 in the CITY of ~
JOSEPH ,between County Road 134 and the northeast city limits , within the
CITY of ST. JOSEPH , as &tated above.
That Stearns County shall be the project engineer in charge, and that
Stearns County shall in all respects hereafter âct as the agent of the CITY of
ST. JOSEPH in said improvement of that part of County Road No. ~ in the
City of ST. JOSEPH ,as stated above.
In regard to said improvement; the COUNTY shall finance the cost of the
following work within the CITY OF ST. JOSEPH:
1) All costs of regrading and resurfacing the urban design section
from Station 0+500 to Station 0+750 in accordance with
the plans approved for State Aid funding by the State.
. 2) The local share of all federally eligible costs attributable to
regrading and resurfacing the urban design section within the
center 32 feet of the roadway within the above mentioned project
limits, but excluding the cost of removing, extending, replacing,
adjusting, or placing of any sidewalk, or any utility, including
but not limited to sanitary sewers, watermains, manholes, street
lights or posts, or any buildings.
3) The County portion of the cost of the storm sewer shown on the
plans approved by the State, as approved by the MN/DOT Hydraulics
Engineer.
4) The County portion of engineering costs determined by pro-rating
construction costs.
The CITY agrees to finance with its own funds any and all of the following
costs arising from said improvements:
1) All right of way or easements that may be needed to construct the
project to existing State Aid Standards.
2) The local share of all federally eligible construction costs
attributable to regrading and resurfacing that portion of the
project lying outside of the center 32 feet of the roadway within
the City limits, and 14% of the total storm sewer costs as
recommended by the Hydraulics Division of the Minnesota Department
of Highways.
3) All costs incurred by removing, furnishing, installing, replacing,
testing, adjusting, or maintaining any or all utilities, including
but not limited to sewer lines, water lines, manholes, sidewalks,
street lights, valve-boxes and curb stops, and the like.
4) The City of St. Joseph portion of engineering costs determined by
pro-rating construction costs.
* NOTE: A SCHEDULE OF CONTRACT PRICES AND CITY/COUNTY COST SPLITS IS ATTACHED
. TO THIS AGREEMENT.
'- . --.
.
Stearns County Highway Department
Page 2
It is agreed that financing these projects will be done in the following
manner:
. Payment requests shall be submitted to the City as the County makes payments
to the Contractor.
IN TESTIMONY WHEREOF, the COUNTY OF STEARNS, by the authority of the Board of
Commissioners, and the CITY of ST. JOSEPH , by authority of the
City Council, have caused this agreement to be enacted, the day and year first
written above, and their respective seals to be hereunto attached.
IN PRESENCE OF: COUNTY OF STEARNS
BY
Chair of Stearns County Board
of Commissioners
ATTEST:
Randy R. Schreifels
Stearns County Auditor
CITY OF ST. JOSEPH
BY
!·1ayor
ATTEST:
City Clerk (S.
.
,
"
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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
AUMINISTRATOR regarding a proposed suspension or revocation of the rental license for the
Cari Schmidt above referenced property. This action is being taken because of an alleged
violation of Ordinance No. 102 of the S1. Joseph Code of Ordinances. This
.UNCILORS violation is alleged to have arisen out of an incident on June 25,2000 (copy
b Loso enclosed) .
Ehlert
K<:n Twit The S1. Joseph City Council will review these allegations and consider
Mary Niedenfuer appropriate action, includiñg a suspension or revocation of your rental I¡cense,
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 S1. 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 considered to have
waived your right to have an evidentiary headng and nõ~vj<j~àry.heärín-g will .'
"'':: -
be scheduled. A waiver of this right to hèaring will be equívalèfif to an
admission of the basic allegation (s) alleged herein and reported by the
. complaining party.
If you waive your right to hearing, or if an evidentiary hearing is conducted ana
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 Councit 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.
,erelY, .
" ("'-
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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
.
S1: JOSEPl! POLlCE DEPAR
80)( 268 25 N TMENT
St Joseph 'l\f . W. 1st -<'\¡'-elJQ
(320) 363-8250 llJ!¡eso/a 56374'0~68
EJIrl e1:'g ell Cy 911
.
Date: June 28 2000
To: William Tallman
Fr0l1:J.:
St. Joseph P ]'
lŒ: o ICe Depal1I1:J.ent
NOise 0 d'
1i Inance V' 1 .
10 atlon
4s Per St. Joseph Ci . '.
hereby gi.en no,- ty Ordinance #102 .
below. ICe of a nOIse IOOlatio fOlse Ordinance) I
. nt at OCCOIred at th; P ease be ad.ised that
Please /ir¡d . Place, '''ne and d You are
e . enclosed a. ate bSted
r nforcel>¡em of hOOsin COpy of Ihe aforel>¡enl'
. ep°rt reIati.e to Said g regUlations as weII 10ned ordinance"es 1 .
IOOIatlon as a COpy of Ih 0 UI,on regard'
D . eSt.Jos. Ing
ate of 'violation: eph PObce Depa/1¡¡¡ent
'fi"'e of vI' June 25. 2000
10 atlOn:
Locatjon ofy. l. 3:10 a.m.
10 atIOn:
Sjncere1y,
G<lry D. ~vIÎ1
Chjerorp01'
S ICe
t. Joseph P l'
. . 0 ICe Depéll1I1:J.ent
.
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Mon 04-05-99 St. Joseph Police Department Time: 8:41-é
Initial Complaint Record
- ~- ,.. -....... ~, - - - -. ~- --. ~ - -- '
06/21
Case Number : 00001722 Date Reported:
RepÖrted By: SCSD DOB:
Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-42i
City: ST. CLOUD State: MN Zip Code: 56302 Danger (Y /N) :
Complainant: REFUSED COMPLAINANT DOB:
Address: Apt. #: Phone #:
City: State: MN Zip Code: Danger (Y /N)
Incident Description: COMPLAINT OF INDIVIDUALS TALKING LOUDLY WHILE T:
WHERE SITTING ON STAIRS-SPOKE WITH MICHAEL ANTHONY JENNIN
06/19/75 TOLD TO PLEASE STOP DRINKING AND GO TO SLEEP-AGF
AND WENT INSIDE-NO FURTHER ACTION NEEDED . -
Squad/Badge #s: 7707 Addtll Reports : No Protected
Rcv1d By: 07 Day: SAT Date Committed: 06/24/00 Time Committed: (
Mess. Key Control Number ( OCA) Cont. Agency NCIC Ident. (
ECI 00001722 MN0731100
Date Reported (RPD) Time Reported (TRP) Location Grid Number (
06/24/00 05 : 00
Place Committed ( PLC) : .
121 E ASH ST
HRD Squad/Badge # (SBN) Time Assig. (TAS) Time Arr. (TAR) Time CJ
R 7707 05 : 00 05 : 04 05
I S N U 0 C U C S
01 9250 S
.
,
.^
.r.-t~n 04-05-99 St. -Joseph Police Department Time: 8: L
Initial Complaint Record
Case Number : 00001733 Date Reported: 06/24/
Reported By: SCSD DOB:
Address: 807 COURTHOUSE DR. P.O. BOX 217 Apt. #: Phone #: 320/251-42
City: ST. CLOUD State: M:N' Zip Code: 56302 Danger (Y /N) :
Complainant: REFUSED COMPLAINANT DOB:
Address: Apt. #: Phone #:
City: State: M:N' Zip Code: Danger (Y /N) :
Incident Description: LOUD PARTY-GOERS AND MUSIC IN THE AREA OF THE BO
AND MARGARITAVILLE-SPOKE.WITH JOSEPH RYAN GEHLEN 08/24/78
FROM "THE BOX" HOWEVER UNABLE TO CONTACT ANYONE FROM MARGA
TAVILLE BECAUSE THEY ALL LEFT WHILE WE WERE ACROSS STREET
Squad/Badge #s: 7707 Addt'l Reports : No Protected :
Rcv1d By: 07 Day: SAT Date Committed: 06/24/00 Time Committed: 23 :
Mess. Key Control Number ( OCA) Cont. Agency NCIC Ident. (CAG)
ECI 00001733 MN0731100
.
Jate 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 an
Initial Complaint Record ,r--,
.
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 "MARGARITAVILLEII 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 Addtll Reports : No Protected : l'
Rcv'd By: 07 Day: SUN Date Committed: 06/25/00 Time Committed: 03 :
Mess. Key Control Number (OCA) Cont. Agency NCrC Ident, ( CAG )
ECI 00001739 MN0731100
Date Reported (RPD) Time Reported ( TRP ) Location Grid Number (LG~
06/25/00 03 : 10
Place Committed (PLC) :
121 E ASH ST
HRD Squad/Badge # (SBN) Time Assig. (TAS) Time Arr. (TAR) Time Clr. (TC
R 7707 03 : 10 03 : 14 04 : 01
I S N U 0 C U C S
01 9250 A
.
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. St. Joseph Police Department
Supplementary Report.
ICR#: 00001739
. DATE: 06/25/00
COMPLAINANT: Wants to Remain Anonymous
OFFENSE: Loud PartylNoise Violation
VENUE:
0 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 Duchanne 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:
0 On 06/25/00 at approximately 0310 hours Officer Jean Gustin and I were dispatched to a loud
noise complaint at 121 E Ash 5t and found the residence in violation of city ordinance. .
OFFICER OBSERVATION/ACTION:
0 Dispatch advised us that they did get the name of the complainant, however they wished to
remain anonymous.
a After being dispatched to the call, Officer Gustin responded to the north side (back) of the'
residence and as I came in on 3n1 Ave NE from Minnesota Ave. .
0 As I turned on to 3n1 Ave NE from Minnesota I heard someone yell from the area we were
. responding to.
0 As I was pulling up to the residence I noted'that there were still lights on inside the house.
CJ This allowed me to see several people inside the residence. "-
,
,
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OFFICER OBSER V A TIONI 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 ITont 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 åt 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 informed 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 Ducharme 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 Ducharme 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 ITom the
property owner as to who they are.
D Forward copy to City for Council meeting.
Officer Paul Schley ~~Oï .
St Joseph Police Department
'-
,
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'~:dY- , ~ ;0 {tL+lúh Qf!L W«I ai-cc f1 2 12- 'I s At¡ /ãge 3260
: ~O L~-e January 8, 1998
Pursuant to due call and notice thereof the City Council for the City of S1. Joseph met in regular session
'. on Thursday, January 8, 1998 at 7:00 p.m. in City Hall.
MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Looo, Cory Ehlert, Mary
Niedenfuer, Ken Twit. Clerk! Administrator Rachel Stapleton.
OTHERS PRESENT: Bradley Meyer, Joel Bill, Mr. & Mrs. William Tallman, 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: Looo -made a motion to approve the agenda as changed; seconded by Niedenfuer. Discussion
- Twit expressed concern on changes in the agenda and Counci1o,!'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, Looo, Ehlert, Niedenfuer, Twit.
Nays: None. Motion cárried.
NOISE VIOLATION HEARING - 121 ASH STREET EAST: Mayor Hiemenz called the
hearing to order at 7:14 p.m. William T~l1rnan, 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. n The renters in attendance stated the person that said that was not in attendance.
. Looo 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 dealt with more severely. Further. the property owner shall be
required to reimburse the City for the adminimative., police and legal costs incurred due to the complaint.
The motion was seconded by Loso.
Ayes: Hiemenz. Loso. Ehlen. Niedenfuer. Twit.
. Nays: None. Motion carried.
Mayor Hiemenz closed the hearing at 7:32 p.m.
:t:. cR-#.- 97oc.:r~ IS;' /
.
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VIOLATION
ORDINANCE #102 <NOISE ORDINANCE)t
ARE HEREBY GIVEN NOTICE 'OF Ä NOISE
THE PLACE, TIME, AND DATE LISTED
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CITY OF ST. JOSEPH .
--
21 First Avenue NW .
P.O. Bo)( 668,
St. Joseph. MN 56374
(320) 363-7201
Fax: 363-D342 STATEMENT
. TO: William Tallman DATE: January 14, 1998
1411 Second Street South
MAYOR Aberdeen, SO 57401-9311
Kenneth J. Hiemenz
CLERK!
ADMINISTRATOR Charges relating to the Noise Violation Hearing conducted at the City Council Meeting
Rachel Stapleton
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!
.
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,/
July 3, 2000
City of St. Joseph
Attention: Cari Schmidt, City Administrator
21 First Avenue NW
St. Joseph, MN 56374
Dear Cari Schmidt:
BFI 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. BFI 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. BPI looks forward to a continued long-tenn relationship
with the City of St. Joseph.
. SinCere¡y,çZ- '~
tvrnA.A...
Jamie PheWa'fte Systems Inc.' 700 - 40th Ave. NE' P.O. Box 1125· Sauk Rapids, Minnesota 56379
General Manager, St. Cloud BF¡11lJAè'i§~52-9608 . Fax 320-252-3448
30% Post·Consumer (i)
~""" -:':': STANGL JASKOWIAK LTD ID=1 320 253 4160 P.03
07-26-00 18:31
~
i. April 18, 2000
MayörKcnneth Hiemenz and City Council· - . - ._~
-- -~-
City of St. Joseph
21 1st Ave NW
St. Joseph MN 56374
Dear Mayor Hiemenz and Council Members:
For the past several months, the St. Cloud Library Boa.rd of Trustees has discussed
proposals that would implement Sunday service at the St. Cloud Public Library. Public
response to the possibility of Sunday service has been very positive; however, the Great
River Regional Library System's current budget is nof able to provide funding for the
additional staff time ar¡d other related costs.
The Great River Regional J ,ibrary Board has agreed to allow us to explore the feasibility
of Sunday hours on a tria.l basis. We would like to begin such a trial this year, and we
plan to approach the Great River Regional Library System with a pennanent funding
request if the results are successful.
The cost to fund a nine-month trial period is anticipated to be approximately $75,000.
. We are proposing that the City o[St. Cloud and surrounding communities provide the.
funds tor the trial period.
Recent studies of circulation patterns indicate that about 30% of the St. Cloud Public
Library bui1ding usage comes from residents of surrounding communities. A table
showing representative shares for eaeh community is included with this mailing. We
would like to meet with you and discuss your opinion of the Sunday service trial period,
as well as your willingness t.o contribute a portion of the .necessary funding.
We believe that Sunday hours at the St. Cloud Public Library will provide a real bcnelH
to your citizens and we look forward to working with you to help make this pJ'oposal a
reality. For planning purposes, we would appreciate a response lo this request by July 1.
20()().
Please feel free to contact me at 252-9972 if you have any questions.
ç:innA~I~,
. \
07-28';'ØØ 18:33 STANGL JASKOWIAK LTD ID-1 320 253 4180 P .02~- "-
Mayor and City Council Membe~: .
Attached is a copy of the letter that was sent from the St. Clouù Library Board to
you back in April of this year, The Library Board has not yt:t received a response
to this letter, so I'm guessing thai it may have gotltm lost or misp1aced.
I think the letter is pretty much self-explanatory. The City of St. Clouù has
expressed a willingness to fund the Sunday hours experiment if the rest of the
surrounding communities whose citizens use the library are also willing to
contribute a portion of the funding.
The funding fonnula has been developed by using Library patronage data records.
Worksheets showing the calculation of costs for ~ch community arc enclosed. r
bdieve the formula. allocates the costs reasonably among the 13 communities.
Please understand that a commitment to funding for this trial period does not
obligate you for future payments to St. Cloud if Sunday library hours become
permanent. We wilt ask the Great River Regional LibmI')' System to fund the
Sunday hours within thcir budget if the experiment is a success.
I would like to meet with you to answer any questions you may have and to
explain the trial project more completely. If you were to schedule this as an .
agenda item at a future Council meeting, T would be glad to attend and bring any
information you want.
Please contact me amll~t me know what you think.
Thanks !
~. ~
Allan Rudolph
.
... -J" .--..
10-1 320 263 4180 P.06
Ø7-2S.,.00 18:34 STANGL JASKOWIAK LTC
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~~~~~~
To: Mayor and City Council
CC: Carl Schmidt, City Administrator
From: Gary D. Will Jr., Chief of Police
Date: 08/07/00
Re: Payable Offenses
Our attorney has notified me, that the Steams Court Administrator does not have any
of our city ordinances listed as payable offenses. This means that every city
violation that we cite, must have a mandatory court appearance and
a misdemeanor even for a 1 st offense.
I have reviewed our ordinances and make the following
to be payable offenses and the amount of fine (before the court
1
~ , .
.
August 7, 2000
Ordinance Name Payable ·
64.06 Throwing Candy or Gifts Parade $50
64.08 Intoxicating Beverages in Parade $50
65.06 § 1 Underage Furnishing of Tobacco $200
71.11 §l(c) Pennit Underage to Remain in $50 1 st offense
Liquor Establishment MSD - Court 2nd Offense
71.11 §2(c) Open Container of Alcohol $50
71.11 §4 Consuming Alcohol Off Premises $50
74.2 Possession of two or more kegs $200 1 st offense
MSD - Court 2nd Offense
81.2 Through Streets $50
81.3 U-turns $50
83.2 Parking Semi Trailers, Trailers, $50 1 st Offense
Trucks and Truck Tractors in MSD - Court 2nd Offense
Residential Zones
84.3 Snow Season Parking $27 ·
84.4 Blocking Driveway $25
86.1 Unreasonable AccelerationlBraking $50
87.1 Operation of Vehicle on Sidewalk $50 (MSD - Court if Endangers)
87.2 Operation of Vehicle in a Park $50 (MSD - Court if Endangers)
88 Snowmobile Violations $50 1 st Offense
MSD - Court 2nd Offense
89 Bicycles, Roller Skates and $50
Skateboards MSD if causes injury or
endangers person
90 All Terrain Vehicles $50 1 st Offense
MSD - Court 2nd Offense or if
Endangers person
102.1 Prohibited Noise $50 1 st and 2nd Violation within 3
years.
·
2
, ',.,
.
. .
August 7, 2000
. MSD - Court 3rd Violation
within 3 years.
102.2 Unlawful Acts $50 1 st and 2nd Violations within
3 years.
MSD - Court 3rd Violation
within 3 years.
103.03 Prohibited Fire $50
103.05 Burning when Prohibited $50
103.06 General Regulations $50
104.2 Animal Running at Large $50 1 st Offense
MSD - Court 2nd Offense
104.3 Fail to License Dog $50 1 st Offense
MSD - Court 2nd Offense
104.6 Fail to wear dog collar with license $50
104.15 Fail to remove dog excrement $50
110 Public Urination and Defecation $50
.
.
3
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:"9.!
~;.--: An update on
"oF the work of
'~'t:"SI' .
..-~:k. the Northstar
,¡,_~K,-,. Corridor
~~~_.
-----~-----
Development
Authority (NCDA)
Number 6 August 2000 to improve
transportation
Come Aboard, Minnesota! . .
zn our reglOn
Minnesotans are about to get a glimpse of
what commuter rail will look like during
a demonstration along the Northstar Corridor
line. The August 10 event will feature two
passenger cars on their way from the manufac-
turer to the soon-to-be-opened Seattle Sounder
commuter rail system.
A limited number of tickets to ride the train
have been distributed to the public. Those
without tickets will still have the chance to walk
through the trains and learn more about com-
. muter rail at two Ice Cream Socials. The first
will be in St. Cloud at 12:30 p.m. and the sec-
ond in downtown Minneapolis at 4 p.m. The
Minneapolis event will bëheld at the station site
that will serve as a downtown hub for commuter
rail, light rail, buses, cars and bikes.
The train can also be seen when it makes sched-
uled stops throughout the day (times and loca-
tions listed at right). The cars, which will make Schedule of Train Demonstration and Events
demonstration rides between Minneapolis and
St. Cloud, are likely to be similar to those that
will serve the Northstar Corridor, with two Destination: St. Cloud
seating levels and a low floor to allow easy Noon - Depart Elk River - (north of Hwy. 10 on 171st Ave.)
access from the platform to the train. Displays 12:12 p.m. - Big Lake stop - (south of Hwy. 10 on County Rd. 43)
and project staff will be on hand at each train
stop so the public can learn how commuter rail 12:52 p.m. - St. Cloud stop/Ice Cream Social - (West of Hwy. 10 on
fits into a comprehensive transportation strategy E. St. Germain next to HolsumlCountry Hearth Bakery)
for Minnesota. (Riders from Elk River and Big Lake will return to starting point via bus)
N N Destination: Big Lake
1 :45 p.m. - Depart St. Cloud
2: 15 p.m. - Arrive in Big Lake (Riders from St. Cloud will return to starting
point via bus)
Destination: Minneapolis
3: 15 p.m. - Depart Coon Rapids (Foley Blvd. east of East River Road at
Foley Blvd. park-and-ride)
3:35 p.m. - Fridley stop (E. River Rd. & 61st Way N.E.)
4:05 p.m. - Arrive MinneapolislIce Cream Social (5th St. N. and 3rd Ave. N.,
St. Cloud Minneapolis Rapid Park parking lot)
5:00 p.m. - Depart Minneapolis
Ice Cream Social Ice Cream Social 5:20 p.m. - Arrive Fridley
August 10 August 10 5:40 p.m. - Arrive Coon Rapids
12:30 - 1:45 p.m. 4 - 5 p.m. (Riders from Coon Rapids and Fridley will return via train)
1 ~UllllSlar LUIIIUUr f\.UlIIUlli.J~U lU blll~~- - -
, , Preliminary Engineering .
The Northstar Corridor took another major step forward when the Federal Transit Administration
(FfA) recently approved the project to enter into the preliminary engineering phase. The move.
allows the Northstar Corridor Development Authority (NCDA) and the Minnesota Department
Transportation (MnlDOT) to continue planning for the proposed 80-mile commuter rail line
extending from the St. Cloud/Rice area to downtown Minneapolis.
The preliminary engineering phase involves the design of various elements of the project, up to
30 percent of completion. For the Northstar Corridor, this will include engineering of stations,
rail improvements, park-and-ride facilities and train maintenance facilities.
Minnesota's public officials remain solidly behind the Northstar Corridor
commuter rail project. Gov. Jesse Ventura, MnlDOT and the Metropolitan Council
all have declared that the Northstar Corridor will be the state's first commuter rail
line. Equally important, Minnesota's congressional delegation, including Reps.
James Oberstar, Martin Sabo and Sen. Rod Grams continue to champion this project
in Congress and provide needed federal funds.
The environmental review process also continues to make progress. A draft
Environmental Impact Statement is expected to be released at the end of August and
will be followed by public hearings. Look for more information about these public
meetings in late August on our Web site at www.northstartrain.org.
The Northstar Corridor is the fastest growing region in the state. Total estimated
capital cost to build commuter rail in the corridor is $231 million.
The Northstar Commuter Rail Facts & Figures .
Corridor
commuter Projected ridership
(2004): 9,340
rail project Capacity: 150 - 162 seated (additional standing space available)
is at the top Amenities: Work tables, On-board restrooms, Individual seating,
of the Power outlets
governor's Top Speed: 79 mph
transportation Bus Service: 8 morning, 8 evening trains
priorities. Midday: One round trip
Other: Limited weekend & special event service
Connections: Feeder buses to stations, Hiawatha LRT in
downtown Minneapolis
Accessibility: Fully ADA Compliant
Fare Purchase: Automatic ticket kiosks, tickets transferrable to other
transit
Anticipated .
Operating Date: 2004
Capital Costs: $231 million (2004 dollars)
Operating Costs: 10.1 million (2004 net dollars)
,'~ . 1. 1 UpUJl.IU U lallUll .1....JV\.l"l~V.1.1u
.
.
<':-\
-;;"~' , Commuter rail is a passenger train
that operates on existing freight
railroad tracks and is powered by
diesel fuel. It serves rural,
suburban and urban
areas, linking different
cities together and
operating during
morning and
afternoon
. rush hours.
H e Potential Station Locations
wk E ,e Potential Future Station Locations Bas RoIIIes 16&, 50
T I111111 Northstar Commuter Rail Minneapolis ~
s ~ BIll Roote 94
I II II Hiawatha line ~
(~opM.dLRTAü.",,,,,,) ~. ~"VA~:caI
~ Minneapolis/St. Paul
, \\ \\JIII{ International Airport
-. ~
*
Mall of Amer ica
"Northstar is a worthy project. With similar lines planned to reach Hastings
and Northfield, commuter rail holds the promise of expanding transportation
and lifestyle choices for thousands of Minnesotans."
. - Star Tribune editorial
June 4, 2000
COlDe AlJoarCl., 11V.li._ -,SUld~
, .
, .
Your Community is Represented
The Northstar Corridor Development
Authority (NCDA) is working with th.
Minnesota Department of Transportation
to develop a commuter rail system and
other transportation improvements.
NCDA is a joint powers board made up
of elected officials from the counties,
cities and towns along the corridor. For
more information about the NCDA, call
(763) 323-5700 or check out our Web site
at www.northstartrain.org.
Photo courtesy Bombardier, Inc.
Commuter train cars (pictured above) ~
will make demonstration rides along
UNOBTHSTJlR
the Northstar Corridor on August 10. CORBIDOR
Look inside for more information.
.
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Pho/le (32{)/ 2(¡'7-ISó9
Fa, (320) 203-'7j()(¡
July 28, 2000
City of St. Joseph
21 First A venue NW
PO Box 668
St. Joseph, MN 56374
Dear Madam/Sir,
I am writing this letter as an after thought to some of the measures or
inappropriate measures the City of St. Joseph has taken in an attempt to
control the behavior of their student residents. As a former landlord, still
trying to collect from students the fees imposed on me, I wish to voice my
· concern.
The recent events or noise violations (back to back) that the City had to deal
with are prime examples of the issue I would like to address. It should be
obvious that by using me as an example and the fines I received does little
or nothing to keep students from "misbehaving." It is due time for the City
to recognize these students as young adults living on their own and should
hold them responsible for their own actions. By imposing fines on the
students directly is the onlv way to control their actions and make them
think twice about what they are doing. I would highly suggest imposing
every fine possible including arresting any students supplying alcohol to
minors even if the police don't catch them selling to minors.
Legally a landlord has little recourse against the private activities that
students choose to pursue in their own home unless there is documentation
of misconduct from police or city authorities. Only then can a landlord
begin the process of obtaining an eviction order. In my case, with no priors
in six years of ownership, I was fined near the maximum and left with little
opportunity to correct the problem.
Therefore landlords need the police reports and the City's involvement to
document these violations and if the landlord seeks an eviction notice the
· City must realize that things may get worse in the remaining 30 days the
.
tenants legally have to vacate the premises. If you read a "renters rights" .
pamphlet you will find that tenants are overly protected making an eviction
order difficult to obtain. Landlords are even required to store property for
renters for 90 days after they move out in case they forgot or wish to claim
something. There is very little I agree with there but they are rules
nonetheless. You have rules and regulations too, I know. But are they
persecuting the right people? Ask yourselves that as you think about hOt'" I
could have better invested $1150.00 for my child's future.
I only hope that in the future the City of St. Joseph can adopt some
provisions or ordinances that hold students fully responsible for their
actions. I often have wondered whether if, in fact, it is simply easier for the
City to fine the landlords (and hope they recoup the fines) rather than being
bold enough to face the students and their family connections to collect
fines that should have been imposed on the students to begin with. If you
want to get tough, get tough with the right wrongdoers that spend their
money on alcohol, instead of the landlords that rely on their rental income
to better their family's future.
I don't believe that it is a landlord's or property owner's duty to baby sit
their tenants. Are we truly teaching these young people to be responsible
citizens of a community by holding someone else accountable for their .
actions?
Unfortunately, the City and the landlords view each other as the opposition.
When, in fact, the City of St. Joseph and the landlords should be working
together, as partners, to address this issue. In order to achieve that
relationship shift the responsibility to those creating the problems.
Sincerely,
"---:-1 )X
{../
.
,
.
Dedicated to a Strong Greater Minnesota
--
MEMORANDUM
To: Cari Schmidt, City Administrator
City of St. Joseph
From: Scott Hutchins, CGMC Treasurer
Date: August 2, 2000
Re: 2001 CGMC Membership Assessments
-- - - ----- - ---- - ----- -... -----
The CGMC's programs are funded through a general membership assessment of member cities and a
. voluntary assessment for its economic development (tax increment fmancing) program. At its annual
summer conference,on July 28 in International Falls, the full CGMC membership approved the 2000
assessment policy. The general assessment rates and the voluntary assessment for economic·
development are unchanged from last year, but a new voluntary contribution of 13¢ per capita is
recommended to increase funding for the annexation program.
The 2000 general assessment for the City of St. Joseph $5,934
The 2000 voluntary assessment for the CGMC economic
development program (if you choose to participate) $641
The 2000 voluntary assessment t() increase funding for
the CGMC annexation program (if you choose to participate) $641
If you choose to participate, add one or both of the voluntary assessments to the general assessment and
send in one check. Payment may by made out of your 2000 or 2001 budgets, but payment should be
made by February 1,2001. Some cities have been paying their assessments for annexation and
environment out of their utility funds because of the direct impact of these issues on their sewer and
water service. Approximately $68~ of your general assessment can be attributed to CGMC's
environmental program and $807 to the annexation program.
. Please make check payable to CGMC{~nd send to: Scott Hutchins, CGMC Treasurer
City of Moorhead
500 Center A venue, Box 779
Moorhead, MN 56560
...
If you have a question about your CGM'C assessments, please call Corey Elmer at (651) 225-8840.
,
College of Saint Benedict
37 S. College Avenue
. St. Joseph, MN 56374-2099 CtJ( !
July 31, 2000
Mr. Mark Lambert, President
Summit Management, Inc.
101 East Fifth Street, Suite 910
St. Paul, MN 55101-1808
Dear Mark:
We, Jody Terhaar, Jim Hardwick, Brother Isaac Connolly and I, met to discuss your
proposal for replacement housing in St. Joseph. We believe we discussed your proposal,
the housing study that was completed in St. Joseph, the role of the City Council, and the
future housing plans of the college and university in depth to come to a conclusion. I will
try to summarize our considerations.
The College of Saint Benedict will be adding 33 beds this fall. There are future
renovations being planned that will result in additional beds on campus in the two or
. three years after this year. St. John's University has 30 new beds on campus this fall and
will be constructing a large residence hall on campus for fall, 2001. Additional overseas
programs are being added which will take students off the campuses and you know that
the colleges do not plan to significantly increase the size of the student body. We also
discussed that we believe our present high enrollments are not likely to be sustained long
into the future. You also know that our long-term goal is to have as many students living
on campus as possible.
Considering all the above, we don't believe it is in the best interests of the college at this
time to enter into an exclusive agreement with any landlord in the city. We were
supportive of the moratorium and housing study the city conducted. We believe it is the
role of the city to determine housing needs and solutions in line with their city planning
and that the college should not be the determining factor in those decisions. The college
and university do support the idea of limiting student housing in the city and we also
support the ~ of housing you propose. We always have been and continue to value the
existing housing you have in St. Joseph and the policies you enforce. We have also
valued your strong cooperation with the colleges and are grateful to you for that.
We also had a discussion to evaluate the monthly meetings we have been having with
you, the police, mayor, council members and representatives from the colleges and
monastery. Originally, as I understand from persons in student development who have
been here longer than myself, the intent was to have a representative from the Landlords'
. Association meet monthly with the group from the city and colleges. We will be asking
,
Lambert -2- July 31, 2000 .
Cad Schmidt to request the Landlords' Association to appoint or elect someone to meet
with us. I don't know what your involvement with the Association is but you may wish
to make your desire known to be that representative.
There were several times at our meeting when appreciation was expressed for your
willingness and cooperative spirit in working with us in the past. We believe we have
made significant progress over the years in improving the attitudes and practices with
students, city officials and residents to make living in this town easier and more peaceful.
Thank you for your part in making this happen.
Sincerely,
Miriam Ardolf, OSB
Director of Community Relations/Auxiliary Services
College of Saint Benedict
Cc: Carl Schmidt, City Administrator
.
.
..
~ .
·
August 3,2000
HEALTH AND INSPECTIONS
Ms. Cari Schmidt, City Administrator DEPARTMENT
City of St. Joseph (320) 255-7239
PO Box 668 (320) 255-7214
21 1st Avenue NW
St. Joseph, MN 56374-4518
RE: SMOKING IN RESTAURANTS TASK FORCE
Dear Ms. Schmidt:
The City of St. Cloud is exploring the issue of smoking in restaurants and would
like to invite you or an elected official to participate in a non-binding task force. Our
intent is to discuss recent ordinances enacted by Moose Lake and Duluth to determine if
something like this is appropriate for our city. Weare inviting all of our sister cities to
· participate along with members of the hospitality industry, convention services, and
health advocates.
Weare very aware that the issue has economic and political components as well
as health implications. Therefore, we feel that participation by all of the groups affected
will lead to a community wide solution that can be useful for all. As I stated before, this
is a non-binding endeavor for your community but we will value your participation. The
St. Cloud contingent will make a recommendation at the task force conclusion for our
City Council action.
We have scheduled the first meeting of the task force on Tuesday, August 22,
2000 at 7:00 p.m. in Conference Room 1, St. Cloud City Hall. As the staff support for
the group I will provide you with examples of ordinances, existing statutes and other
material before the first meeting. I anticipate about three meetings in the next two
months to come to a reasonable conclusion and recommendation. Please contact me at
your convenience if you wish to participate. We welcome your ideas and support.
~~~lJ
Dave Popken
Health and Inspections Director
650-3120
· dpopken@ci.stcloud.mn.us
400 2nd Street South· St. Cloud, MN 56301-3699
FAX: (320)650-3388
http://ci.stcloud.mn.us
The City of St. Cloud, Minnesota will not discriminate 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 activities,
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