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Home My WebLink About2003 [05] May 15 {Book 27} I I itgof.st..ffosepíi .- www.t:ityofstjoseph.com i ! j , St. Joseþh City Council I 25 College Ave ue North I May 15, 2003 7:00 PM PO Box 668 \ I 51. Joseph, MN 6374 1 7:00PM - CalUoOrder (320) 363-7201 I I Fax:,(320)363- 342 2. I Ap~rove Agendél I ADMINISTRATOR 3. C01senf Agenda Judy Weyrens a., Minutes-Requested Action: Approve the Minutes of April and May b. Bills Payable - Requested Action: Approve Check Numbers 32746 - 328.13 . I MAYOR c. Request to Close Street- Requested Action: Accept the request of the St. : Larry J. Hosch Joseph Fire Department to, close Minnesota Street East between College Avenue \' and 1st Avenue NE for a water ball fight on July 3,2003 between 6 PM - 9 PM. I COUNCILORS d. I Equipment Request - Requested Action: Authorize the Police Chief to Alan Rassier I purchasea. video camera using donated funds from the St. Joseph Lions. I ..... .. .. ... ... . \ 1 Ross Rieke 4. 7:10 PM - Noise Violation, 207MN StW, Dale & Diane Schneider Gary Utsch I I Da.le Wick I 5. 7:15 PM- Nancy Scott, Building Official a'l Request authorization to amend the Building Ordinance to. adopt the International Building Code. I b. I Discuss fee for residèntial site plan review I . 6. 7:30\ PM - Liquor Violation, La Playette, Pat & Laura Bednarz ! I 7. 7:45jPM - Linga Schyma, 11 CollfJge Avenue North a. ! Special Use Permit - Allow a rental in a General Business Zoning District b. I Variance - location of the required parking for the rental unit I 8. 7~45'PM - Summit Management a. \ Drainage Fees b. . . Development Agreement I ! 9. 8:00 ,PM- City Engineer Reports a. I Northland Plat Seven - Request to Advertise for bids for the Improvements b. i Re-consideration of paving parking lots at Millstream and Memorial Park I c. I Construction Update ' I i. East Baker Street ii. County Road 121 iii. Interior Street (Request for Reimbursement for Sidewalk) I iv. SE Utility 10. Department·Head Reports I ' 11 i . I Mayor Reports I ' 12. Coun'cil Reports I I 13. Admihistrator Reports 14. AdjO~m . I- I i I I I I I I . 1 CITY OF ST. JOSEPH ()5/09/03 3:27 PM I ~1 Bills Payable .ei I ¡ , . I . . . l_c,h~Ck·~""'.1S ~rchN.am, e ~_._ "L--,. ,', ,com ment!.- ."'_~."_,mX__""*__~".____",_,L--mo.u"n!_~~,!:p,_ ,DEP l,RT"AA_~B,:!._=. 032746 'S EARNS COOPERATIVE ELEC. ASS street lighting' $367.25101' 43160 386 1032746 ' S EARNS COOPERATIVE ELEC. ASS' lift station-northland . $38.00 602 49472381 032746 S EARNS COOPERATIVE ELEC. ASS , lift station-CR 121 $39.00 ,602 49473 381 032746 STEARNS COOPERATIVE E,LEC. ASS lift station-DBL Labs . / $29.37 602 49471 381 032746 S, TEARNS COOPERATIVE E',LEC. ASS street lighting ., $25.00 101 43160 386 1032747 Bp DIDDLEY'S ¡ Intergovernmental Meeting $126.52 101, 032748 U~V NORTH DAKOTA FOUt:'IDATION purchase ofmaint facility land $72,300.00 429 43120 530 032749 R BERT HELLUND, RICHARD BACKE, purchase of maint facility land $144,600.00 429 43120 530 032750 R /MAXREALTY! purchase of,maint facility land $2,350.00 429 43120 530 1032751 AI COMM OF ST. CLOUD, INC battery $70.29 101 42151 233 032752 A L SPEC SERVICES building p,ermlts $80.73 101 42401, 200 032752 A L SPEC SERVICES I inspection fee $22,563.75 . 101 42401 311 032753 B CHTOLD, RAYMOND I safety shoes $91.99 101 43120 171 1032754 B I UND TREE MEDICAL, LLC sterile water $13.31 105 42270 210 032754 B'UNDTREEMEDICAL,LLC cpr shield, burn kit $181.16 105 42270210 032755 C NTRAL MCGOWAN i medical oxygen refill $26.50 105 42270 210 032756 Clrv OF ST. CLOUD i ' sewer rental charges, april $9,786.91 602 49480 419 1032757 Clrv OF ST. JOSEPH 'I' void check -$40.00 101 032757 City OF ST. JOSEPH compliance checks $40.00 101 032758 C~LD SPRING ELECTRIC S~, R, VICES repair electrical at water tower $130.00 601 49410 220 032759 C<]MMISSIONER OF REVENUE state withhold 4/30 pay $1,173.80 101 I 032760 D~VIES WATER EQUIPMENT, CO bronzese, ai, fiberseats $508.93 601 49430, 220 0.61 EfÎTPS I fiea withhold 4/30 pay $2,685.52 101 1 EIfPS , I federal withhold 4/30 pay , $2,804.14 101 o 2 E~ERGENCY, APPARATUS MAl NT. IN remove, repair & reinstall battery charger $,552.83 105 42220 220 1,032,763 G'1AN,ITEWATERW,ORKS l' 4.74-5.14x18' $114.59 601 49430 220 032764 HÞ¡WKINS WATER TREA"FMENT GRO tests $29.00 601 49420 312 032764 HÞ¡WKINS WATER TREATMENT GRO tests $29.00 601 49420 312 032764 H.A)WKINS WATER TREATM9NT ORO tests $109.00 602 49480 312 I 032765 IN~<è LIFE INS & ANNUITY COMPANY deferred comp 4/30 pay $50.00 101 032766 K RN, DEWENTER, VIERE, ITD audit services, 2002 $3,750.00 101 41540 301 032767 K~DISTRIBUTING . 1 reinstall printer and repair pc locking up $47~50 101 42120 220 032768> LI~GL,GREG & JULIE I cleaning service, april $275.00 101 41942 300 I 032769 LOISO'S STORE' I pop for intergovemmental mtg $16.99 101 032769 LOSO'S STORE . film $16.82 101 42120 210 032770 M~FOA I dues, 2003 $40.00 101 41430 433 032771 M NICIPAL DEVELOPMENT CORP eda services, april $1,998.42 150 46500 300 032771 M NICIPAL DEVELOPMENT pORP reclass fo 150-46500-200 -$10.98 150 46500 300 I 032771 M NICIPAl DEVELOPMENT ~ORP eda services, planning, april $192.72 101 41910 300 032771 M NICIPAL DEVELOPMENT CORP 3-ring binders $10.98 150 46500 300 032772 OF~CE MAX antistatic wipe, microeassettes, envelopes $46.28 101 42120 200 032773 PE retirement 4/30 pay $3,366.73 101 I 032774 PI NEY BOWES pos,tag,e machine rental, June - september $118.22 101 41430 410 032775 PR NCIPAL LIFE medical insurance, may $8,983.20 101 032776 QP I cold mix $157.68' 101 43120 220 032777 RE GEL PRINTING 1 compost stickers $423.77 603 43230 200 I 032777 RE GEL PRINTING! regular envelopes $66.83 101 41430 200 032778 ST. JOE TOUCHLESS CAR WASH (2) car washes $8.52 101 42152 220 032779 ST. JOSEPH MILLING lime, millstream park bathrooms $8.70 101 45202 210 032780 ST. JOSEPH NEWSLEADER legals-public hearing, rental unit $47.18 101 41120 340 I' 032780 ST. JOSEPHNEWSLEADER ad-compost site opening $22.20 603 43230 340 0327815T NTON GROUP administration $22.22 101 41430 137 032781 51 NTON GROUP administration $3.70 603 43230 137 .'81 5T NTONGROUP administration $14.81 601 49440 137 I 1 ST NTON GROUP administration $11.11 101 45202 137 1 ST NTON GROUP administration $33.35 101 42120 137 032781 S1 NTON GROUP ¡administration $11.11 101 41530 137 032781 5TÅNTON GROUP I administration $3.70 602 49490 137 . 032782 ST1MNS CQOPERAT'VE ELr ASS a;, borio, $350.00 425 43122 530 ~ . I . I CITY OF Sf. JOSEPH 05/09/03 3:27 PM Bills Payable Page 21 e. ::heck # Search Name Comments Amount FUND DEPART OBJ I ~;¥~ø._~~fm>I'I~ ..¡_~~w~ ..x..:.. ~~» ,··~~"9..:W_~~~1"~~_~~; )32783 SUPER AMERICA april gas $66.43 602 49490 210 )32783 SUPER AMERICA aprilgas $35.27 105 42220 210 I )32783 SUPER AMERICA aprilgas $66.43' 101 43120 210 )32783 SUPER AMERICA april gas $66.43 101 45202 210 )32783 SUPER AMERICA aprilgas $66.43 601 49440 210 J32784 TIREMAXX SERVICE CENTERS wiper blades-01 crown $27.08 101 42152 220 I )32784 TIREMAXX SERVICE CENTERS mount, balance, wiper blades-03 crown $59.08 101 42152 220 )32785 TOTAL RENTAL CENTER floor scrubber rental $52.19 101 45202 415 )32786 TRAUT WELLS chlorine to clean wells $9.05 101 45202 220 )32787 VIKING INDUSTRIAL CENTER repair of gas monitor $249.73 602 49480 220 I )32788 ZEP MANUFACTURING cleaning solvents $1,948.97 101 45202 210 032789 A-1 TOILET RENTAL satelite rental-memorial park $63.90 490 45203 531 032790, ADVANCED GRAPHICS. squad car graphics $333.20 490 42152 550 032791 BROWNING-FERRIS INDUSTRIES . refuse removal-water plant $51.24 602 49490 ,384 I 032791 BROWNING-FERRIS INDUSTRIES refuse removal-fire hall $51.24 105 42220 384 032791 BROWNING-FERRIS INDUSTRIES refuse removal $8,746.50 603 43230 384 032792 CASEY'S GENERAL STORE sáfety training~breakfast $15.96 602 49490 212 032793 CELLULAR 2000 cell phone $24.77 602 49490 321 I 032793 CELLULAR 2000 cell phone $24.77 101 41430 321 032793 CELLULAR 2000 cell phone $24.77 101 45202 321 032793 CELLULAR 2000 cell phone $24.77 101 43120 321 032793 CELLULAR 2000 cell phone $99.04 101 42151 321 032794 CITY OF ST. JOSEPH compliance checks $17.80 101 230e· 032795 COMPLETE ELECTRONICS repaired power supply $55.00 101 41950 032796 J & M OIL CO. gas $54.54 105 42220 210 032796 J & MOIL CO. tests $27.93 602 49480 312 I 032796 J & M OIL CO. windshield washer $1.80 101 42152 220 032796 J& M OIL CO. gas $80.73 101 43120 210 032796 J & M OIL CO. gas $80.72 602 49490 210 032796 J & M OIL CO. gas $80.72 601 49440 210 I 032796 J & M OIL CO. gas $80.72 101 45202 210 032797 JOE PFANNENSTEIN SIGNS millstream eampground sign $80.25 490 45203 531 032797 JOE PFANNENSTEIN SIGNS millstream eampground sign $80.25 101 45202 220 032798 K.E.E.P.R.S. INC uniforms-matt johnson $35.35 101 42120 171 I 032798 K.E.E.P.R.S. INC uniforms-pete $37.95 101 42120 171 032799 KLN DISTRIBUTING install norton corporate antivirus on network $308.23 101 41430 220 032799 KLN DISTRIBUTING repaired pd pc, locking up $110.00 101 42120 220 032799 KLN DISTRIBUTING install norton corporate antivirus on network $616.45 101 42120 220 032799 KLN DISTRIBUTING repaired eda pc, intemet $55.00 101 41430 220 I 032800 LEE'S ACE HARDWARE soap. washer, battery $14.21 602 49480 220 032800 LEE'S ACE HARDWARE cleaner, bit $7.95 101 41942 220 032800 LEE'S ACE HARDWARE shovel, air fresh, plugs, outlet cover $22.59 105 42220 220 032800 LEE'S ACE HARDWARE hose, grinding wheels, weed whip blades, quick $144.88 101 43120 220 I 032800 LEE'S ACE HARDWARE eaulking $13.73 602 49480 220 032800 LEE'S ACE HARDWARE water nozzle, weld rod, anchor screws ~21.59 101 45201 220 032800 LEE'S ACE HARDWARE nipples, roll pin $14.49 601 49440 220 032800 LEE'S ACE HARDWARE clamps, rope, garbage can, eaulking, gopher pe $102.14 101 45202 220 I 032800 LEE'S ACE HARDWARE batteries $5.30 601 49440 220 032800 LEE'S ACE HARDWARE fuses, hose $23.76 101 42120 220 032801 MINNESOTA TRAVEL MANAGEMENT vehicle lease-3893 $355.20 101 42152 414 032801 MINNESOTA TRAVEL MANAGEMENT vehicle lease-4182 $355.20 101 42152 414 I 032801 MINNESOTA TRAVEL MANAGEMENT gas $697.51 101 42152 414 032801 MINNESOTA TRAVEL MANAGEMENT vehicle lease-4448 $755.10 101 42152 414 032802 MOBILE VISION vehicle set up kit-video $350.00 490 42152 550 032803 NAHAN, TOM vhs tape $10.67 101 41950 210 e I 032804 NORTHERN STATES SUPPLY INC bluelwhite engineering flag $25.56 601 49430 220 032805 PHILIPPI, MARK 2500 watt elements $102.50 101 41942 220 032805 PHILIPPI, MARK 4500 watt heater elements $94.50 101 45202 220 032806 QPR cold mix $144.00 101 43120 220 I a I '] \ CITY OF ST. JOSEPH 05/09/033:27 PM I I Page 3 I Bills Payable .. I Check # S arch Name II Comments Amount FUND DEPART OBJ . ;;;;--'~~ S ~7;:~7~~~'-'-""I-----town/g~ndi~:;;----~--~---"~>-$~'~;;;~'~»>'W"~~ffl~~~_-;~~__;;~~_ww",,' 1032808 S EARNS COUNTY SHERIFf'S DEPT. 12 citation books $42.60 101 42120 210 032809 TI EMAXX SERVICE CENT~RS mount, balance, dispose of tires-03 cr vic $36.00 101 42152 220 032809 TI EMAXX SERVICE CENTERS rotate, mount, balance tires-01 crvic $22.00 101 42152 220 032810 UNlUM LIFE INSURANCE! disability insurance-june. $415.25 101 I 032,811 U~ BANK TRUST CENTER i agent fees, 2003 public project revenue bonds $4,250.00 329 47100 620 032812 U~ LINK telephone $88.41 101 45201 321 032812 U~ LINK ! telephone $42.60 602 49490 321 032812 Ui LINK I telephone $45.88 601 49440 321 . 032812 U LINK I telephone $75.91 150 46500 321 1032812 U LINK I telePhone, $282.33, 101 421,51 321 032812 U LINK I telephone $45.80 101 41941 321 032812 U~ LlN, K \ telephone $152.89 101 41430 321 I 032812 U~ LINK I telephone $72.54 602 49470 321 032812 U~ LINK telephone $72.53 602 49471321 032812 U~ LINK telephone $46.85 602 49473 321 032812 US LINK telephone $46.04 602 49490 321 I' 032812 US LINK I telephone $45.80 101 41946 321 I 032812 US LINK telephone $91.90 105, 42250 321 032813 X~EL ENERGY utilities $31.60 602 49471 383 032813 X EL. E, NE,RGY utilities $168.08 101 431,20 383 1032813, X EL ENERGY utilities $38.71 101 41946 381 it3 13 X EL ENERGY utilities $377.86 105 42280 383. XaEL ENERGY utilities $261.65 601 49435 381 o 3 XdEL ENERGY utilities $122.65 601 49420 383 I I 032813 xqEL ENERGY utilities $301.62 105 42280 381 032813 xqEL ENERGY utilities $268.77 601 49420 381 032813 xgEL ENERGY utilities $71.78 602 49470 381 032813 XQEL ENERGY utilities $112.05 101 45201 383 1032813 XgELENERGY utilities $1,648.91 101 43160 386 ,032813 XqEL ENERGY utilities $136.60 602 49480 383 032813 XqEL ENERGY utilities $60.65 101 43120 381 032813 XqEL ENERGY utilities $40.43 101 45201 381 Ii 0328 13 xdaEL ENERGY utilities -$814.08 101 41942 383 I 032813 X EL ENERGY utilities $496.01 101 41942 381 ì 032813 XaEL ENERGY utilities $367.95 101 - 41941 383 032813 XdEL ENERGY utilities $230.31' 101 41941 381 I 032813 X dEL EN ERGY utilities $52.27 101 45202 381 032813 XdEL ENERGY utilities $6.28 101 42500 326 032813 XdEL ENERGY utilities '$18.30 101 42610 386 032813 XdEL ENERGY utilities $783.74 601 49410 381 I 032813 XdEL ENERGY utilities $274.86 602 49480 381 I 032813 XC:EL ENERGY utilities $90.24 601 49410 383 032813 XCELENERGY utilities $22.31 101 45123 381 ""'''''''^""^","",w^~^·'·'''''''WM~,...,''"",w,.,,,^wm $309,235.14 II II II. II I' - - I Attachment: Yes or II I .. i REQUEST FOR COUNCIL ACTION - . Consent 3 (c) DATE: May 12, 2003 I I Fire De artment - yGINATING DEP^f1MENT DEPARTMENT APPROVAL - JENDA mM\ - R quest to Close Minn9sota Street - Fire Department Request to· close Minnesota. Street for the a nual water ball eve~t. - VIOUS ACTION " - E. ch the COlU1Cil is req¥ested to block of Minnesota Street for the annual water ball fight Since this is a - -. C unty Road, Steams c¡ounty mUst also approve au, request. - I COMMENDED BOARD ACTION \ - A prove the temporary blocking of Minnesota Street East between College Avenue and 15t Avenue NE I "] July 3, 2003 between¡ the hours of 6:00 PM and 9 :00 PM. I :FAL WP Acr . ì I I I - C MMENTSIRECOrATIONS., : eFire Dep~ent is r~ they need to request temporary roadçlosure fTom Stearns County as well: I B fore they can approac the County they need authorization ITomthe City. The Fire Department is aware of the requiremen ,s to provide for a detour and have done so in the past. , ,\ ! - i I .. - . I I I Attachment: Yes or§> .., ,. REQUEST FOR COUNCIL ACTION I CONSENT 3 Cd) DA TE:May 15 I 'olice RIGINATINGDEPARTMENT Purchase of inLr video camera I AGENI.>A ITEM I I VIOUS ACTION I I I urchase for new atroI car I COMMENDED BOARD ACTION I. I I I MMENTS/RECOMNŒNDATIONS I I j I i I I I I· I ~. I i I I ! I I. Attachment: Br No , I I .. I I REQUEST FOR COUNCIL ACTION Noise Violation - 207 Minnesota Street West I , J)ATE: May IS, 2003 ! ~~2~~~ I I I ~GENDAITE I oiseV iolarion 207MNSt W, Dale and Diane Schneider 1 - ' I T e Council in 996 amended the policy regarding noise violations and require that all noise violations, I e en 1 sl Violatio s app¿ar before the City Council. In additional a minimum administrative fine has been e tab1ished at $ 50.00 ~ith the maximum fine being $ 1,000. Typically each situation is viewed i dependently a d the fine is based on the severity of the violation and cooperation of the tenants. , I .. I QUESTED COUNCIL ACTION I I - Cfnsider imposirion Ofr Adminis1Iarive Fine in tho amount of $ 150.00 I I \ i i I e adrninis1Iative fine ~ been es¡ablishedto <;over all the costs of the violation. I I C' MMENTSIRECOMMENDATIONS I 1 ' I T~e proper~ owner has :n~t requested ân evidentiaryh~arin~, th~reb~ admitting a violation did occur. Tree CouncIl must take açtlOn to acknowledge that a nOIse VlplatlOn dld occur on May 2, 2003 at 207 West IyIJinnesota Street. After\ acknowledgement of the violation the Councilmust consider the disposition and it"e any relevant fill9s. Since a hearjng bas not been requestod, one par!» representing the property I m y address the Counci]' Please remember that since they have admitted to the violation the discussion should be limited to the þotential fine and what can be done to prevent this ITom happening again. ! I I . i : I· I . I I WWWr"",,,j,,,,p,,,,,,m if!} 'of St.· jose ph ,- " , 125 College A yen e North May 7, 2003 . i 1 PO Box 668 ! St.Joseph. MN . 6374 Dale ScHeider 1(320) 363-7201 31164 -115thAvenue FaX: (320) 363-0 42 I SLJoseþh MN 56374 I ADMINISTRATOR \ Judy Weyrens RE: 207 iWestMinnesota Street I MAYOR Dear Dalè & Diane: I LaITy J. Hosch I I This letter has been prepared to provide you with notice and information . regarding a COUNCILORS I Alan Rassier proposed, suspension or revocation of the rental license for the above referenced Ross Rieke property. I This action is being taken because of an alleged violation of Ordinance Gary Ulsch No. 102 of the St. Joseph Code of Ordinances. This violation is alleged tohave I, I. Dale Wick arisen out of an incident on May 2, 2003 (copy enclosed) . '. ! I The St. Joseph City Council will review these allegations and consider appropriate I. action, including a suspension or revocation of your rental license, for up to a period of twelve hlonths. The meeting will be conducted on Thursday, May 15, 2003 at 7:10 p.m.jín theSt. Joseph City Hall, 25 College Avenue North. I I At that tin1e you are entitled to a hearing to be conducted in accordance with- Minnesot~ Statutes 14.57 to 14.70. This hearing will be for the purpose,of determining whether Of. not the alleged violation did in fact occur. 'At that hearing; I 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 towhether or not the alleged violation did I in. fact occur. If you WiS~ to have an evidentiary hearing of this type"you'must'contact the City I ClerkJAdnjlinistrator in writing at least five days prior to the scheduled Council meeting. If a requestforhearing is not received by the City Clerk/Administrator at least five days beforethe hearing, you will then be considered to have waived your I righttohaye an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of t.his right to hearing will be equivalent to an admission of the basic allegation'(s) alleged herein and reported by the complaining party. I If you wai~e 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 proceèd immediately to consider a disposition, which may include . I I I I I· i I I . I Dale & Diane Schneider I May 7, 2003 e, Page 2 I revocation or suspension of your rental license. Prior to the determination of di position, you or your designated represe.ntative may address the City Council and at the time of disposition. I In the event of a revocation or suspension of your rental license, the premises ust be vacated of all renters, within thirty days of the Council action. Any rental occupancy occ rring after that I time may result in criminal charges. You have the right to be represented at the time of this meeting during either th evidentiary I hearing, if requested, or the dispositional hearing. If you wish to have legal rep esentation, you must hire your own attorney. If you have any questions regarding the law or yo r rights, I suggest that you contact an attorney to discuss this matter. I Your failure to appear at this meeting will be considered an admission of the all gation and a waiver of your right to address the Council before the determination of a dispo ition. If you fail I to appear, the Council will take whatever action which is deemed appropriate ~ d you will be notified of this action,at a later time. Sincerely, e' ~ot!~~d I Jud Weyrens Ad inistrator cc: Tom Jovanovich, City Attorney I Mayor and Members of the City Council Police Chief Pete Jansky I I I I I el I I RMS Report I Case NUmber: pfficer Assigned: Badge Number: 03800760 MEYER 7703 Reported y: Supervisor Approval: SD I 1. I NOISE COMPLAINT i I I Location o~ Incident: I Date Incident Occurred: Day of Week Incident Occurred: I 207 W ' ST MINNESOTA ST. 05-02-2003 FRI Oate Reporlted: Time R~ported: lime Arrived: lime Cleared: I SAME 2258 Assisting 0rficer(S): I . I I .' I I 7701, 71707 , j~~~jC~i.lI~It.'fi.I~~lii_~~i]ll!j~~¡I~_III¡¡MII~~II_~i~I:¡~1:1I1ìt~~~I~j~¡~~1t,11E¡;~~¡:I~~lllmø.~¡¡¡~~II~~I¡¡li Name (Last First, Middle) I Date of Birth: Race: D/L #: State: I EDWAR S, ANDREW JAMES 11-12-81 (WHITE E-363-067- 367-868 MN Street Addr I City, State, ZIP: I 207 WE MINNESOTA Slf ST. JOSEPH, MN 56374 I Arrested: Citation Issued: Level of Offense: Eyes: Hgt: Wgt: o Yes 181 Dyes 181 No I o P. Misd, 0 Misd. 0 G. Misd. D Felony I ¡r~¡1.1"1I_11ø.lt,li~¡I¡~llffI~~~I~fI_I¡~~IìI~~JI_~ìiI11l_!ªI~~~j¡I~I¡I~II_II~~I~¡lmli~~¡¡¡~jllBj¡~I~¡jm~~ Name (Last, First, Middle) Date of Birth: ',Race: D/L #: State: I' City, State, ZIP: -Citation Issued: Level of Offense: Eyes: Wgt: I Dyes DNO Dp. Misd. 0 Misd. D G. Misd. D Felony State of License Plate: Year: Make: Model: I I I I Color of Vehi ,Ie: ' Towed ,By: Vin :#: I i , I License Plate umber: State of License Plate: Year: Make: Model: \ I Towed By: Vin #: I I of a loud party at the above location. Noise could be hear when I was at the stop sign at Minn.St. & 2nd ave N. Spo~etothe above renter and advised him to clear people out. Also advised of I the noise violation and that the owner of the house would be contacted. Several Underage Consumion ticket issued tÓ a oers. I Signature (wh n required): I Related Case Number: Word Document: \ (Comp, Parent Guardian) I DYes ONo I· I ..II I I. , I Aro.,mnentBlor No ,I ··¡e I REQUEST FOR COUNCIL ACTlOl'l I Building Inspector DATE: May 1,2003 I BuiIdin I I RlGlNATING DE:PfTMENT DEPARTMENT APPROVAL I I I rENDAWJM.\ , . uilding Inspector Reports - Adoption of the Uniform Building Cpde I' I VIOUS ACTION I I' e City had been enfoLihg the uniform building code for the past years. , I . ' 1 I I(e ±COMMEN!)EDBO~ACTION ...'... .'.' .......... .. ........ ..,........ .'..i< '.......... i. I . A coPt the proposed Orln-ce oflhe City Attorney and schedUle a p"blic hearing for the reviaion of the ' I fng Ordinance. ' , ,CALIMPACT' I :]e City will not have l expense, However all building permits with the exception of roofing, siding "'jd wiµdow installationiwill be charged a pIan review check fee. II ' I,' I C MMENTS/RECOMMENDATIONS I TeState of Minnesota i~ mandating all Municipalities fuatenforce the State of Mi!)11es~tit Building Cixle to opt the International Building Code. . , I i I I , I I\e \ , I 'I \ ,- ·1 . . AIISp~~" Serv'i~es, L·tC 14562 RC!nneby RoadNE¡ Foley,MN56329 I . (320) 293-5298 - Phone (320) 387~2703 - fax: "Qw:zlity Building inspection,,: Guaranteed" ~I - , - , .' ,~ I \ ~d~ Memo I ,-~ All Jurisdictions ·'1 ~t To: '1I!i.J From:; Nancy J. Scott, I ,g /. '. -. ., 'I, Date: April 4, 2003 . ~ ., - Re: . ,Newlnternational Cod~ ·-1 - . , , . - , I , , , ., Enclosedpleas~ find sample ordinances provided by. the State of Minnesota Building, C J and Standarcis Division that are d~ign to adopt the new State Building Code as it adop the -, el ~ International Building Code. ,Please have your attorney review these documents and m ke a ..,"~~ . recommendation. - -' I - ., - ! :1 - -, \ I I - \ I - , '. .1 e . I 1 I lAP -23-2003. WED 1l:20.AM 'FAX NO. PI 02/03 . ' \ I I r.~,.,. '. Ral<owski . ,,', 'I HJnsmeier Ud; , I: '" .... ,,"'_."'" .. . \ ATfO"'EYS "'lAW . ". I I P.O.80 HfJ i , !t. CI"\I MN b&3D:.I 14)~ I Apri123t2003 I \ T(lII.I"';" .(I().¡"'S·1>1t r 7 I F~X!2o.]\S1.~aÐG .. VTA If(X- 363·0342 I r.llt¡-Jn\~ jhclMl)nl Ms. Jt]d~W~yrenS . City Aðh1iJ1istndor for the City ofSt.Joseph , www..../h.".com 25N lh', Cll, 'A or . 0 cgevel1UO I St. Josih.MN 56374 RE: IntemationalBuUding Code - Propo!u~dOrdinances I Oµr File No. 22641 Dear Judy: 1(." ¡have ~ì~cd th, _ e propos~d ordi,ll;it~C~S rcgar, d, ., in.S the 11C~ Intemation, a) BuìldÌ11g COd" c. r would recommcnd repla.cmg the eXJsting Sect ton S1.4 with language that would. . I inéo.rpor~to rUlure_ame~dlT1ents to the buildil1g code, rather than going with the proposed form ordmances. Section 5104 can be am:ct1dedas follows: r'.IIIII J. RiI¡ ·0111".111'" $' ! . . G COT1 ' S "B '¡d'C d ' bJ' h d 51.4: BUILDIN. DE. 1C MInnesota tate Ul mg 0 c, esia 1S c , I GO'd(mH'1aFWIIL"U pUt'$uant to Minn,CSQta"S, tatut,cs 16H.59 to I, 68.75, inchldingall 0, fthe amendlUC, nts) rules Freclerick ~ brunko and regulhtions established, adopted and published from time to time by il,e Minl1c$ota \ . Commissioner ofAdmjnistration,through tile Building Codes and Standards Division is I, Tham!l5U'JJøv~"OYICh here b,Y a d.~" pi e"t\b.YfCfCTe1. ,1ce, W,' ith lheexccption,. of optional Chapter. s,unloss spe cificaHy PlJulA R<1jk w¡c¡" adopted hi this ordinancc, The Minnesota State Building Code. a copy of which is on file . in the office ofthe City Clerk. is hero by Ìncorporaled in this ordinance as if fully set out I KeII¡nr.(!¡I", l h· .. 1 . Cl'Cln. I Wì\lìnm J, Cï,nICU' ' I 1I¡.I...,d w. Sbz¡lv.}lro Tn the cxi~Ungordit1ancc,. tl'\ere is a change section. ul1der Subdivision! regarding the I plumbing podo, This chango section wou.ld b~. preserved by the amendment 1 am !>u~n M. tw C proposingJas.wcl1 as the City's permit, penalties and otherprovísions. The optional Lt-AllnrO.Ela i~ltul'klprovisiol1slat thisjunc1.111"C govern special fire protccí~On$ystcmss flood proofing I \ Teg\11ation~. and grading. I do not have'~ co, py ofthesc. Op t.i on a1 provisions and make llO S"rah L. Sffiltl\ d' !' d' 1 hth C· 11 ld d h J, roconunen a 10ns roga.r mg W 1et el' 0·, Jty S ou a opt t ern. JOSQ¡>h M. Sr \m~IÞII¡J ,\ I Ci'l'!fOry J. Ha . 1(/1\' \ I (. \ I I. . Fronk J 1I.JftOWlkl /I~c/ 1f¡(jJm¡ IN. SOh.>IV'1, "" ~fU ",c/rrlllMf W pl'¡rð'~ irl Nl)rlh l:>..kot4 Go¡ ÚUIIII. J/,'7ISmcfor In NOJ1/1 DiIk"I" ond WIS'Ø~I1I' \ ;.",1 A. R.!JIcuw.Jr1 tmd $"'''"1 L. SIll/III in WilroMln, .,M Willi"", J. (JlrJ¡II'IMIII South D.,kor~ '. I I IMrmbcrof,^",...,11..1\ Ð"ard onnal ^<lY"'''IU~ ·Ollþlir.cd ~n Nuulr.sl. , ¡ I i I I ' ! I I . \ ' I i' I I .. (sample '~rdinance }, I I I OrdÎD8D~NÐ.' ' .Adoptiag theMinnesøta State BuDdiDgCode' ! I, ' , ' l ORDINANCEÁDOP'TlNGTBEMlNNESOTASTATE:BmLDING COD;E.'TIûS RDINANCE::PROVIDESFOR THEAPPLICADONADMINISTRATION¡':A.ND . " . " , I ' , . ". , " . .' . ,"" '.', . .' , I NFORCEMENTQFTBEMlNNESOTA.STATEBUlLDJNG CODEDY, ' ULATING~ERECTI.0N, CONSTRVCTlON,ENLARGEMENT, ' TERATlONtREPAJR, MOVING, REMOVAL, DEMOLITION, CONVE;RSlON, I ' ", " ",.\' ,', '. " . '," ," ",', ", '".',' ,,' ',' ',' .'" , I '~CCUPANCV, EQUlPMENT,·VSE~HEIGHT, AREA, AND MAINTENANCE OF ALL UlLDINGS.4.ND/~RSTR(JCTURESINTBIS MUNlCIPALITY;PROVIDES'FORr . , ISSUANCEOJ!PERMITS.AND COLLECTION OF FEES THEREOF;PROvmES I ENALTIESFOR'rI0LATION TlŒREOF;REP;EALSALLORDINANCESAND ' ARTS OF ORDINANCES THAT CONFLICT THEREWITH. I I . s municipality do~s.ordain as .follows: ! ' , .' , ¡ . . , ,'. ' ecti~n .1.~ ~pp~ti~~! AdIDÍII~~?~,~n,~,~.~~~lDen!- ~e applicatíon,administratio~ ' I ard enforcementoftb;ecode sbà1l be,m accor&mèe Wl~ Minnesota. Rule Chapter 1300. The ' , code sball 'be enforced within the ex:traterritoriallimits permitted by Minnesota Statutes, 16B~62, 1bclivision I, when .¡, established by this oriIioonœ: , 1(. t code em.mcem1 agency of this D1UDicipality is ca!1edt'he , ' I - . s ~~de,:man be ~~rced by the ~~ta Certified Building Offi~~~. designated by this jUIl1CtplÙrty to admnuster the code'(MiJmesota _ 16B.(5) subdivmon 1. I Section 2. permits.a~d Fees. The issuance of permits and the collection of f~es shall be as ' ~ in Minnes<jta Sti1tutes, 16B.62, ¡mbdivision 1, , , P 't fees shall be J~essed for work governed by this cod~ in accordance with the fee schedule I tPted by the municiþalityin ' (ie City Code I. Ordinance # ete .lnaddition, a surcharge f1 \ ' shall' be collected ~n' all.permits issued. for work· governed by this. code in accordance with I ~_16B.70. " . . S 'on 3. VlOlatioDS~ Peøalties.Aviolation of the code is amìsdemeaoor (Minnesota ,. I statute 16B.69)and MiDnesota Rules, Chapter_1300 ' S . on 4. Buildfug C~de. The Minnesota State Building Code; established purSuant to I ' esota Statutes 16B.59to 16B. 75isbereby adopteéi as the building code for this , unicipaIity. The cod~ is hereby incorporated in this ordinance as if fully set outherem. I I , . ,I A' .The Minnesota Statf Building Code includes the following chapters of Minnesota Rules: I " . . 1, 1300, Administratio:h of the Minnesota State Building, Code; , 2. 1301 ,Building om4ial CertifiCation; . II,. I i I I I I I ! I I I I . (sample ordinance, self-perpetuating) -, OrdinlÍnee No. . Adopting the Minnesota State Building Code AN ORDINANCE ADOPTING THE MINNESOT~'STÂTE BVlLDINÇ . I ORDINANCE: PROVID~S FOR THE APPLICATION, ADMJNISTRATI ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY I REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT . . - . - - . ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CO OCCUPANCY, EQUIPMENT; US~, HEIGHT, AREA, AND MAINTEN I BUILDINGS AND/OR STRUcruRES IN THIS MUNICIPALITY; PRO THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THERE F; PROVIDES . PENALTIES FQR VIOLATION THEREOF; REPEALS ALL ORDINAN I PARTS OF ORDINANCES THAT CONFLICT TBEREwrra·THIS 0 INANCE SHALL ·PERPETUALL Y INCJ;.,UDE THE MOST CURRENT EDMON FTHE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF I OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX ' NOT APPLY UNLESS SPECIFICALLY ADOPTED. This municipality does ordain as fol~ows: I Section 1 Codes adonted by reference. The Minnes.ota State BuildingCode~ adopted by the .' Commissioner'of Administration pursuant to 'Minnesota Statutes chapter 16B5 to 16B75, including all. of the amendments, rules and regulations established, adopted an published from time to time bi the Minnesota Commissioner of Administration, through the B ileling Codes and :1 - Standards Division is hereby adopted by reference- with the exception of the op . onal chapte~ . unless specifically adopted in this ordnance. The Minnesota State Building Co e IS hereby incorporated in'this ordinaJ:ice as iffully set out herein~ I Section 2. Application, Administration and Enforcement. The application, . . stratton, ahd enforcement of the code shall be in accordance With. Minnesota State Buil . g Code. The I code shall be enforced within the extraterri~oria1.limits permitted by W.rlnneso Statutes,16B.62, subdivision 1, when so established by this ordinance. Thë code enforcement agency of this municipality is called the . I . This code shall be enforced by1he Minnesota Certified Building Official.desi ted by this I Municipality to administer the code ~esota statute 16B.65) subdivision 1. Section 3.Pennits and Fees. Thei~suance of permits åndtbe collectionoffi s sballbe as I . . authorized in Minnesotà Statutes, 16B.62, subdivision 1. Permit fees shail be assessed for work governed by this code in accordance wi the fee schedule I ' adopted by the municipality'in ie: City Code #. Ordinance # etc . In ad ·tion, a surcharge fee shall be collected on all permits issued for work governed by this code in cordance with Minnesota statute .16B. 70. -I I .- I I 'I I I I I Attachment: .or No I I· I I I REQUEST FOR COUNCIL ACTION \ I Liquor License Violation - La Playette i I DATE: May 15,2003 I I I AdministratioA I RIGINATING DEPARTMENT 1 I I AGENDA ITEM , ., I iquor Violation - La Playette, Pat and LauraBednarz I I I REVI0US ACTION i !, he Council in Decem~er 2000 adopted an alcohol matrix system to provide standardized penalties for I Ttain Ordmance71 <rquor LIcense) VIolatIOns, ,Thematrixwas later amended in 200 L / .. I \ QUESTEDCOUNJIL ACTION . 1 I onsider imposition ofla11, part or none ofthe liquor license violation that occurred in November 2002. I I F SCALIMPACT I, T e City received a graht to cover the cost of the under age buyers as well as the off duty police officer I t at assisted them. Thetefore there is no costto the City. In addition the City will receive a fine in the I ount of $ 150.00 plu any additional fine from the previous violation that is imposed. I ) I I CFMMENTSiRECOM~ENDATIONS , . .'. ' I 1e owners of the La Pllyette were requested to appear before the Council to di!;cuss the cnrrent liquor Ii ense in relation to thel yiolation thát occurred in November of2002. As can be seen from the attached I c rrespondence the viol~tion in November included a stayed license suspension (in part) and fine ' p ovided that no same ot similar violations occurred within a 12 month period. \ I I T e matter has been rev~ewed by the City Attorney and a same or similar violation would be any violation I o Ordinance 71, the Ordinance controlling the, liquor license. (Please see attached letter). At this ill eting the Council muJt decide whether or not to consider this current violation as same or similar and if so what portion ofthe 1Yed fine should be imposed. I· I I \ \ I . I 1 I www.éityofstjoseph.com i-t!l of St. Josep/í I· I I I I I, I 25CÓII,g'AJ No~ May 7, 20p3 I HAND DELIVERED . PO Box 668 Pat & Laura Bednarz I 51. Joseph. MN .,6374 I (320) 363-7201 La Playette fax: (320)363-0342 8t. JosephiMN 56374 I ADMINISTRATOR Dea.r Pat & Laura: I JudyWeyrens As you an~ aware,the St. Joseph Police Department conducted the Alcohol Compliance I MAYOR ' checks on Friday, April 25, 2003. This letter is to inform you that your establishment, La .' Larry J. Hosch Playette, failed the compliance check and sold alcohol to a minor (see attached Police Report). The City Council has adopted an alcohol matrix system which identifies COUNCILORS administrdtivefines for cèrtain alcohol violations. I Alan Rassier I I Ross Rieke While selI1ng alcohol to a. minor is listed on the matrix and is typically charged I . . . . . . .. . .. . ' Gary Utsch administratively, your prior liquor license violation (November 9, 2002) requires you to I Dale Wick appear before the City Council to reconsider the stayed violation for that infraction. The City Counþil on November 21,2002 imposed a fine of$ 1,000 and a three-day suspensionof your license, staying all but one-half day of the. suspension. The stay of the fine and I. suspensiob. of license were conditioned that no same or similar violations occurred within a 12 month period. I, . I The violation that occurred on April 25, 2003,is regulated under the same Ordinance as is refusal to ållow Police Officers entrance into an establishment. Therefore, a same or similar event occ~ed and the Council must reconsider the action taken on November 21,2002. I You have the right to a hearing before the City Council if you dispute the violation or interpretation of "same or similar." This matter will be discussed by the City Council on I Thursday, May 15,2003. If you wish an evidentiary hearing please contact me no later than I I' . , Monday,N1ay 12,2003. If you haJ any questions after reviewing the enclosed or you wish to schedule an I evidenti~ hearing please contact me at 320~363-720 1. , ' , CITY OF ?T. JOSEPH I ¡ I I JudyWeyrens Administrdtor 1 I I Enclosures: (3) I I cc: M~yor Hoschand Members of the City Council I· Police Chief Pete Jansky City Attorney Tom Jovanovich I I I I Extract of the November 21,2002 Council Meeting I La Plavette liquor License Violation: Weyrens reported that the La Playette received a Ii uor license -, violation on November 9,2002. The violation includes two separate infractions. The first violation is refusing to allow police in. This fine for this violation is covered on the alcohol matrix ado ted by the City I Council and carries a fine of $ 250.00 for the first offense. The second violation is allowing people in the bar after closing. This violation is not covered under the alcohol matrix and the Council c n impose a monetary penalty up to $ 1,000 and/or suspend the liquor license for a specified period of time. Weyrens I stated that the property owner has not requested a hearing on the violations thereby adm·ttingthe violations did occur. Weyrens further stated that the license holders were before the Cou cil in April of 2002 for an after hour consumption violation. The Council at that time imposed a $ 150.00 fine and stayed the fine provided that no same or similar violation occurred within six months. While the violation I in April has exceeded six months, the Council can consider the violation when imposing t e fine for the current violation. Ehlert questioned why the Council would consider the violation that occ rred in April when discussing the new violations. Weyrens reported that the violation occurred n the s me license year and frequency of violations can be considered during the disposition. I La Playette owners Pat and Laura Bednarz spoke on their own behalf. Pat Bednarz stat d that he regrets the violation that occurred on November 9, 2002 and admitted that the police rep rt submitted to I the City Council is an accurate portrayal of events that happened that evening. Bednarz further stated that after the bar closed four friends and four employees remained in the bar to celebrat Laura's birthday. Bednarz assured the Council that alcohol was not being served or consumed a er the bar closed. Bednarz apologized to the Council and St. Joseph Police Department for the la k of respect and I poor judgment displayed on the evening of November 9, 2002. He further stated that h made a bad choice and respectfully requests the Council consider the economic effects of any fine i posed on the La Playette. Bednarz stated this summer he has experienced a decline in business which c n be attributed e' to the economy and the 2002 Street Improvement. Loso made a motion to acknowledge that òn November 9, 2002 the La Playette ref sed to allow the 51. Joseph Police into the establishment aft~r hours resulting in a liquor licen e violation. The I property ownerwill be assessed a $ 250.00 fine as stated on the alcohol matrix an will be considered a first offense. The motion was seconded by Ehlert and passed unani ously. Discussion: Hosch stated that when determining the monetary fine for violation , the cooperation I with the Police Department is considered. The Police Department is charged WI h enforcing the MN Statutes and while not everyone agrees with the regulations, procedures m st be followed. Hosch stated that in his opinion the most serious violation that occurred on Nov mber 9, 2002 was the failure to allow the Police Officers in the establishment. I Ehlert stated it is his opinion that the Alcohol Matrix should be expanded to add a fine fo people in the bar after hours. The Alcohol Matrix already contains a provision for after hour sales and this should be a similar fine. Ehlert stated the goal of the Matrix was to establish a uniform fine for liquor violations I removing subjectivity. Loso stated that the Council needs to take a strong stand on the liquor violation and se d a message to I all liquor license holders. Therefore, Loso made a motion acknowledging that on N vember 9, 2002 the La Playette allowed persons to remain in the establishment after hours resulting in a liquor license violation. Further, the license holder will be assessed a fine of $ 1,000 a d a 3 day suspension. The $ 1,000 fine and 2 % days of the suspension will be stayed prov ded that no I same or similar violations occur within 12 months. The motion was seconded by Ehlert. Discussion: Rassier stated it is his opinion that the entire fine should not be sta ed and the . suspension should be for one full day. The lack of respect for the Police Depa ment should not I be tolerated and the fine should be reflective of the seriousness of the violation. Hosch stated that he agrees the violation is serious, and agrees with the fine as stated in the otion by Loso. By staying the fine and part of the suspension, the property owner in essence i placed on el probation. There is incentive to abide by the liquor license regulations. I , i I I I \ I ¡ ," Bednarz stated that imposing the full fine (both monetary andsu~pendedlicense) would create an undue hardship. Therefore. there is incredible pressure to assure that future violations do not .. occur. Bednarz again a{:iologized for the lack of respect shown to the Police Department and City Council. BedQarz stated that he can guarantee that he will not have future violations and understands the seriousness of the situation. . .\ . " , I Rassier stateq that he isstiIJ of the opinion that the license holder should pay a portion of the fine and suggested that $ 250.00 of the fine be imposed. Loso stated that the motion before the Councilstays the fine, for one year. The Council agreed that the suspension will occur on I December2, 2002. Since the bar is only open at 2:00 PM on Mondays, leaving the bar open for 10 hours, the qne half day closure will consist of five hours. Therefore, on Monday, December 2, 2002 the La Playette will be closed between the hours of 2:00 PM and 7:00 PM serving the I suspension (01 the liquor violation. , he motion pa$$ed unanimou$ly. I . ,cbneider resumed his: chair while Loso stepped down from his chair at 7:30 PM. I I 1 I I 'I I I I I ¡ I I I. I ~ I I I I I I I· I RMS Report ~ Case Number: Officer Assigned: Badge Number: How Rec'd: I' 03800685 JANSKY 7701 IN PERSON Reported By: Supervisor Approval: I 1. SALE OF ALCOHOL TO I UNDERAGE PERSON Location of Incident: LA PLAYETTE 19 COLLEGE AVE N I Time Arrived: I ø' I City, State, ZIP: Phone: I REDWOOD FALLS, MN 56383 Arrested: Citation Issued: Level of Offense: 181 Ves 0 No o Ves 0 No . o Misd. D P. Misd. D G. Misd. D Felony I Street Address: Phone: I 19 COLLEGE AVE N 363-7747 ~ Arrested: Citation Issued: atation Number: I DVes 0 No DVes I I I I I I el I -- I I Alcohol Matrix System Adopted December 21, 2000 .e Revised - December 6, 2001 I Violation 1st 2nd 3rd 4th I Commission of a Revocation N/A N/A N/A felony related to thelicense I I I Sale of alcohol \ Revocation while license NIA NIA NIA I suspended i_ , I After hours sale ] 2 day suspension 4 day suspension 12 day suspension Revocation I (and $ 250 fine and $500 fme and $ 750 fine I \ I Refusal to let 2 day suspension 4 day suspension Revocation police in 1$ 250.00 fine and $ 500 fine and $ 750 fine ! .. Sale/purchase tolby an underage 150.00/incident* $ 300. $ 600 $ 1,000 and a 5 person or underage day suspension I unlawfully in bar Failure to take I steps to stop persons trom f 50 $ 100 $ 150 Continue at $ 150 leaving with alcohol I ! Sale to rso $ 300 $ 600 $ 1,000 and a 5 I intoxicating person day suspension \ 1 I I * For the purpose of iNs section of the Matrix, each incident that results in the preparation of a citation and/or an ICRshall be :considered to be a separate incident, EXCEPT; if multiple citations/ICRs result from a single bar check conqucted by one or more officers, this matter shall be treated as a single incident if I there are three or less citationslICRs issued as a result of the bar check, two incidents if 4 to 6 citations/ICRs are issu¿d as a result of the bar check, or three incidents if 7 to 10 citations/ICRs are issued as a result of the bar chbck. If more than 10 citations/I CRs result trom a single bar check, the matter shall I be brought before thetty Council for consideration of a penalty. ' i I Ie I I I I I I I I I I i 1 1 I AÖL.COM I Message Yiew Page I of3 i I I I La Playette Liquor Violations 5/12/2003 5 :04: 11 PM Eastern Standard Time .. ~'Gregory J. Haupert" <ghaupert@rajhan.com> :'SJws:yr~ns.,l,@ªQl&mn? ",IQill,..JQVmJQYjçþ,',stiQvªnQvjçÞ.@nÜb..@,çQill? I Fi e: winmai1.dat I S nt from the Internet (.PGtªÜs.) I \ I \ May 12, 2003 I I 1 1 I I Via Email I I I Ms. Judy Weyrens City. Administrator fpr the City of St. Joseph I 25 I orth College Avenue St. Joseph, MN 56374\ .. Re: City of St \ Joseph/La Playette I Our File No. 22641 I Dear Ms. Weyrens: I I I I wr'te in response to your inquiry regarding the determination of whether the 1iqu r license violations by the La Playette constitute "same or similar" I viol tions. There i~ no specific definition of the term "same or similarfl in Minn sota Law. The \term "same or similar" has been defined by courts outside Minn sota as an offelse of the "same character or nature." I ! Fact of the Matter I In t is case, the La Playette violated the St. Joseph Ordinance Code on November 9, 2002 by failing to arlow police officers into the establishment and allowing people I Dthe thàn the HDenst and employees to remain in the estabHshment after closing, Th La Playette viol ated the St. Joseph Ordinance Code on April 25, 2003 by selling alcohol to an underage person. i I· , Applicable Law , I , 1 , 1 I I http://rhmail.ao 1. COmlfin~gview'adP ?folder-,.SU5CT 1 g~&uîd~67 84 5 3 6 5/12/2003 -- AOL.COM I Message View Page 2 of3 I Since Minnesota law does not specifically define the term "same or similar," it is I not possible to determine with certainty whether the offenses commit ted by the La e. Playette are the "same or similar" offenses. However, a st.rong argu ent can be made that these offenses qualify as similar offenses. All of the offenses committed by the La Playette are violations of S Joseph I Ordinance § 71 Licensing and Regulation of Consumption of Intoxicati g Liquor. The fact that all of the relevant ordinances in this matter are located ithin the same I section tends to indicate that they are of the same nature. Also, hese violations all arise from the regulation liquor licenses and the sal and consumption of alcohol. I The City of St. Joseph and the State of Minnesota has sought to limi the types of I persons who can purchase alcohol and the times and places in which p ople can purchase alcohol. I In this matter, all of the La Playette's offenses are violations of limitations on the sale of alcohol. I Opinion e· It is our opinion that the liquor license violations by La Playette on November 9, 2002 and April 25, 2003 are similar offenses for the purposes of th _stayed fine I and the Alcohol Matrix System. In the future, when liquor license violation fines are stayed on th condition that I there are no "same or similar" offenses, the "same or similar" offe ses should be specifically defined as violations of St. Joseph Ordinance § 71 Lie nsing and I Regulation of Consumption of Intoxicating Liquor. Please let me know if you have any questions regarding this matter. I Sincerely, I RAJKOWSKI HANSMEIER LTD. I I el I http://webmail.aol.comlfmsgview .adp ?folder=SU SCT 1 g=&uid=67 845 3 6 5/12/2003 IL I I . '1 Attaclnnent ~~jr No I I REQUEST FOR COUNCIL ACTION I Linda. Schyma.- 11 College Avenue North . DATE: May 15,2003 I Plannin I RIGINATING DEPARTMENT I I 1GENDA ITEM I , I Special Use and VariaJce ~ AccepfResolntions of Plaru¡jng Coriunissionreconnnending dema! of a ! s ecial use permit allofinga rental unit in a General Business Zoning District and denial of a variance for I tie location of the park~ng area for the rental unit. 1 i I P~l , . VIOUS ACTION .1, . . cluded for your revie~ is,the previous special use pennit which allows for a rental unit at'll College I. ~venue North., Howe.v~r, the. specl.·al use permit was granted conditionally provide,d that parking WOUI,d b located behind LosojsBar and the remained in the same. ownership. Mr. Loso has since decided he - . . ouldnot provide parking and the property is in the process. of being sold. Therefore, the existing special I u e permit isnu1! and v~id. " . .' - COMMENDEDBOJ\RD ACTION I tcePt therecommendltions of the Planning Commission and allow Ms. Schyma to re-apply for a S ecial Use Permit if th:e parking meets the qualifications of the Ordin<1;nce and waive the fee forthe I s cond hearing. I ' I ! I I F SCAL WP ACT i one. I I lMMEmSaŒCOMLATIONS I ª. s. Schyma is in thepr~eess of seeking alternativ~ parking, The Mayor has suggesíed the City consider IS umgpermIts for'the qlagonal parking located adjacent to our lot. If the CouncIl agrees a fee would h ve to be established. In discussing this matter with the Public Works Director he is hesitant to I recommehd approval ofiovemight parking in the winter months as snow removal would become difficult. en the alleys are plo~ed the snow will have no place to go and the cars will become buried. I would . al 0 have some concern~ what additional liability" the, City is taking on by perm. itting parking. Issues of I c ncero would be what rppens if parking is not available or if vehic! es are damaged. I I . ¡ I Resolution PC2003- 'I RESOLUTION RECOMMENDING DENIALOF THE VARIANCE FOR THE LOCATION OF A PARKING -. LOT FOR ARENT AL UNIT IN THE CENTRAL BUSINESS DISTRICT FOR LINDA SCHYMA , WHEREAS, Linda Schyma has submitted a request for variance from the Zoning Ordina ce regulating I the location of a parking lot in the central business district, and WHEREAS, the applicant has submitted the required site plan and development applicat on for review; I and WHEREAS, Section 52.14 subd. 12 (a) requires that the area on one side of all such sig s erected on I one street frontage of anyone premise, shall not exceed (50) square feet. WHEREAS, the Planning Commission has reviewed the proposed variances as they rei te to the findings I as defined in Section 52.10 subd 3(H) of the Zoning Ordinance which provides a collecti e provisions of off-street parking facilities for two (2) or more buildings or uses provided, collectively, su h facilities shall not be less than the sum of the requirements for the various individual uses computed s parately in accordance with the table, and Subdivision 4 below, said buildings or uses are within 35 feet of the I parking area. WHEREAS, the Planning Commission has made the following findings relating to the gr nting of a I variance: Sf. Joseph Code of Ordinances 52.8 subd (a) states: "That there are exception lor extraordinary circumstances or conditions applying to the property in question as tothe intend. d use of the .. property that do not apply. generally to other properties in the same zoning distri t. The exceptional or extraordinary circumstances must not be the result of actions tak n by the petitioner. - I FINDING: A hardship is not present. . Sf. Joseph Code of Ordinances 52,8 subd. (b): "states that the literal interpreta ion of the I provisions of this Ordinance would deprive the petitioner of rights commonly enj yed by other properties in the same district under the terms of this Ordinance". FINDING: Granting this variance would confer rights to the above me tioned property I owner that are not commonly enjoyed by other property owners in the Central usiness District. St. Joseph Code of Ordinances 52.8 subd.(c): "states that granting the varian e requested will I not confer on the applicant any special privilege that is denied by this Ordinanc to other lands in the same district". FINDING: Granting this variance would confer rights as stated above. I Sf. Joseph Code of Ordinances 52.8 subd. (d) "states that the proposed varian e will not impair I an adequate supply of light and air to adjacent property, or diminish or impair e tablished property values within the surrounding area, or in any other respect impair the ublic health, safety or welfare of the residents of the City". I FINDING: Proposed variance is inconsistent with this standard. Sf. Joseph Code of Ordinances 52.8 subd. (e) "states that the condition or situ tion of a specific el piece of 'I . I \ I, I I I property, or th~ intended use ofsaid property, for which the variance was sought, is notof so I ,e general or reclJrrenta nature as to make reasonably practicabJe the formulation of a general regulation for ~uchconditions or a situation". FINDING: Proposed variance isinconsistent.withthisstanäard. 1 : I NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION THAT: the Planning qommission does hereby recommend the City Council of the Cityof St. Joseph deny the following v riance for Linda Schyma: I i I 1. Variance from Section 52.10 subd. 3 (H)ParkingRequirements, requiring that shared, uses parking areas must be within 350 feet of the business for which the parking is being ~. . ! designated. I I j , TEDT.H'S 5fu.daYOf¡~aY 200~ I Gary, Utsch, Planning, Chair 1 I I I 1 I I J dy VVeyrens,Administ,rator i I i 'e I ~ I I I I I I Ie I . I '1 RESOLUTION PC2003-_ e. RESOL TUION RECOMMENDING DENIAL OF THE SPECIAL USE PERMIT REQUES TO ALLOW A RENTAL UNIT IN A GENERAL BUSINESS ZONING DISTRICT The request of Linda Schyma for a Special Use request came before the Planning Com ission at a I public hearing held on May 5, 2003. The purpose of the hearing was to consider issuanc. of a Special Use Permit to allow a rental license in a General Business Zoning District.. I St. Joseph Code of Ordinances 52.21 subd. 3 (f) provides for the following under Special Uses: Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% 0 the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use. The area I consisting of multiple residential dwelling units must meet the standards of Section 52.1 , Subd. 5 and 6. Parking requirements shall be separately determined for the commercial and residential ses in accordance with Section 52.14, Subd. 4. The property is located at 11 College Avenue North, legally described as The South 61 eet of the East I 27.15 feet of Lot Twelve (12), Block Nine (9), in the Townsite of St. Joseph. The request has been submitted by Linda Schyma, 1129 E. S1. Germain, S1. Cloud MN 56301 . I Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its applic tion to the I Comprehensive Plan and Ordinances of the City of S1. Joseph, the Planning Commissi n makes the following findings: The proposed use is not consistent with the standards for granting a spe ial use permit, e· St. Joseph Code of Ordinances 52.9 Subd. 1. The pr()posed use does not meet all the parking requirements both for a r ntal unit and the I .. request for a variance was recommended to be denied. . Therefore, based on the above findings, the Planning Commission makes the following recommendation: I Denial of the Special Use Permit to allow a rental unit in a General Business District as he proposed rental unit does not meet the parking requirements. Approved this 5th day of May 2003 I I Gary Utsch, Planning Commi sion Chair I Judy Weyrens, Administrator I I el I . I I ity of St. Joseph 'e www..Htyofstjoseph.com I I I, I I 25 College Ave ue North City of St. Joseph Public Hearing PO Box 668 I' St: Joseph, MN 56374 The Plan4ing Commission for the City of St. Joseph wi11 be conducting a public hearing on (320)363-7201 Fax: (320) 363- 342 Monday, May 5, 2003 at 7 :00 PM. The purpose of the hearing is to consider issuance of a SpecialUke Permit to allow a rental unit in a GeneralBusiness Zoning District and a ! I ADMINISTRATOR variance tb allow parking in a parking lot located further than 350 feet from the rental unit. Judy Weyrens I '. " , ,,', .."', "...' ,. ,".' " "',,,,' , , :' The property is located at 11 College A venue North and. is legally described as: , The South 61 feet odhe East 27 .15 feet of Lot Twelve (12), Block Nine (9), in the Townsite of St. I MAYOR Joseph. i , ' Larry J, Hosch 1 COUNCILORS St. JosephiCodeof Ordinances provides for the following under Special Uses: Mixed use of I Alan Rassier a Permitted Use and a multiple residential dwelling units; but only if at least 50% df the interior sqhare föotage (exclusive of the basement or cellar) is used full time for a Permitted Ross Rieke Use. The ~rea consisting of multiple residential dwelling units must meet the standards Jf Gary Utsch I ' .." .. ',' ,,' , .. "', .. ' .. ,'.... ";, I Dale'Wick Section 52(.19, Subd.5 and 6. Parking requirements shall be separately determined for the commerci4l and residential uses in accordance with Section 52.14, Subd. 4. I Ie St. Joseph 'Code of Ordinances provides a collective provisions of off-street parking facilities for two (2) or more buildings or uses provided, collectively, such facilities shall not be less than the sub of the requirements for the various. individuéll uses computed separately in accordancJ with the table, and Subdivision 4 below, said buildings or uses are within 350 I ! ' . fe.et of the parking area. - I ! i The reques~for Special Use has been submitted by Linda Schyma, 1129 E. St. Germain, S1. I Cloud ~ 56301. i I I 1 Judy Weyr~ns Administrator I I \ I I I I I I Ie I -- -- (rr .........."'.. 'I ~. '. ..... ., ", ". , '. ' ,'" ' ' 11 ,> ' . I 'IC' '§ t¡rq ".'" ' O~" 'IJl ..,....~ ' ..:f i' '.'. ' ~ ' N ' J _____ ' ",', , : -/ .s '....,..,. JIll n .___:::;,~,:.-:----~-~-- w ~ I- E d " " ..... I ____...JJ ~ ' , . . '. . hi '. ," .,," ,'"11 I '.. ...... ., .. '.', , ... ., II' ......... III r '..........¡...._ ¡JI--I- iSf:f- S ILI1II""7---- e-l . ". .. . 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''"' ,." -~ I _"I- \ \., ....\ I ----- ST L" -" ..--.. , ,-Iwf _ L .,' .. " 1· -......- , '- .. >-- ' ... ...l. .,...... ~ . '" ' ' ... ! 5: :~~~i\\\\\~ ~"\\_Bl-,, ~t ~~III ! l Wp.~ ~ ronŒIID: Ie' '1mlfI'''' ~ '! í1ì~ ~,Î' Ííf~ ~ ., s~ >-- ~-!rlj,iJ,g; ~ ~~ ~\\ £ . ë= _ "~ ,/..'T'" '] , , ' ' =~. _ ' ~..,-;.£ -r '~~ 1~Ü , ' ..,¿r ,...-c ,- CLJ ....t" " ii' -~" , ' ,111 , ' ' ,,1- , I,.,' - · I I . \' ~ ' ;W-' ,---- ' ,,' . ' ' __¡----->--- 'ProJect ), ,ill"'¡wÎ : ________ i' ' ,ill ,c..+::! , , ---- -+ ' ,'~ , '--'--' i S1te' .____ L- ' ' i1 ';.LU. : '" ; II t:.:: __------- ' ,-:n~tt : ' 'I c= ,- -...---- , tr- i ' '[I T ,,' ' : ¡ J - I , ' ' i 'I ' c,"'" ==-' I , :! ,~ ' " i ' :.' Q " i ,,' ". ' ,b." " : ' ' 1 ________n~__1 I ' \ I " ',: ,- ¡-¡................ " ' ,". ',- i L ,- ' "",' '. '.' ' r - ' .. '. ", ' 1 -- :.! " ..... " ,,-"_ 1 ' " ' ' ¡- __.._~- ...., ,I- - . , I , ----- ..' " ". __.._.-- ' ," - I " '. I ,- ' ", "" I 1 ---: I '. ' ' . .' f=1 I - _..' I --- . ' " -- '. '," ,"-' ' ' ------- ".'. I' ,CJ \-\ ¡ I . ' ,--". 1 '. '. ,c::¡ U' "" "'" I b.=lI' ç~ I e I ", ". I ~\ I - ,', '" ' ' ,.~ I '" '" ' ' -", ' '. ,I ~' I , . '. 1- " ' ' "'~ ' I .,-.:' ,'""" 1000 T I · CòJ1ege of Saint Benedict · I · Department of Security · 37 South College Avenue · · 8t Joseph, MN 56374 · · I I April 24, 2003 I \ ! i I To whom it may concern: , I I I It is the policy of the CSB Security Department that each student is eligible to have one vehicle ; registered Òn campus during a school year. Permits are issued upon completion of the CSB "Student Parking Petmit Form" and agreement to abide by aU relçvant campus parking regulations. Parking I lot assignnients are determined by a student's place of residence for that year. Stt.dentsthat choose to live off cårhpus are eligible for the same parking privileges as those students who reside on campus. Routinely, students who live off campus are assigned to Parking Lot #5. I Any questions on this subject can be directed to me by calling 363-5101. I ' I I 1- - , I , I I I I I I ....................... I . I drriinistratiori, I cademics, Activities uildings. -. A. Main Building , Teresa Hall B. SaCred Heart Chapel (Monastery) I Main Convent (Monàstery) , Regina Hall 'I Mary Hall Commons Bookstore & Post Office . Aurora Hall I West Apartments I Clemens Ubrary Henrita Academic I Building K. East Apartments L. Richarda Hall I . M. Murray Hall & Pool N. Claire Lynch Hall 0: Haehn Campus c';"tere I P. Idzerda House Q. Athletic Fields I R. Tennis Courts S. Benedicta Arts Center I T. Margretta Hall U. Ardolf Science Center V. Lottie and Frank J. I Ardolf Jr. Hall W. Brian Hall I X. Bus Stop Warming House Parking Lots I Residential Parking I 2,3,4,6,7, 11 Emplòyee Parking 1,6,8 I Event, Visitor, Overflow P~rking el 5 I -- I I I I I RECEIVED \ I I i APR 2 I 2003 .". Rajkowski 1 !'"fu A~ ",North ..." ~~A~~ ltd, CITY OF ST. JOSEPH P.O. Box 1433 April 18, 2?03 I St. Cloud. MN 5 I 302-1433 i, Ms. Judy Weyrens I 320-251-1055 Clerk Administrator City of St. Joseph Toll Free 800-44 ,9617 21 First AVÐnue Northwest I , Fax 320-251-589 P.O. Box 668 I St.Joseph, MN 56374 I I I I rajhan@rajhan.c . m ,Re: Cit~ of St. Joseph - Nordmann Special Use Permit Our File No. 22641 www.rajhan.com I i DearJudy: ¡ I I On April 111, 2003, you sent me a letter with questions regarding the Special Use Permit issued to M~ Kaye Normann which allows a rental unit in the General Business Zoning District. I. You asked for opinions. regal'ding the following questions: I 1 Does the City have the right to not issue a rental license for the year 2003- 1. I 2004 based on the contingencies of the Special Use Permit? I I I Frank J. Rajkows k -. Ansvfer: Yes. The Special Use Permit was issuedwith the clear understanding thatthe rental unit must have three off-street parking spaces provided by Mark I Gordon H. Hansm ier Loso:. The Special Use Permit contains the following contingency: "Ifthe Frederick L. Grune parking arrangements with the adjacent property owner, Mark Loso, cease, the special use shall become null and void." Accordingly, Kaye Nordmann is n...",.11' (f ht> Q t 1 ,,,,'t: ' ~;,('\ì"'t' "··f'thp S'" 1" In,,,,, D':" 1t, 'T'1,,,, C,tv h!'lc thO" ~'p'fr~ Inþ tL.·Iw' f\..tp....a.t.lw..a-l... J.U ..IL.........-...18.n.o:." .;,,; ,ye.........a:'",_'-"~....., ,,~~.rp1"":....l..B.'"" ,"',".J ',~ -...."'.......- I Paul A. Rajkowski rightinot to issue a rental license for the year 2003-2004 based on the violation of this dontingency. Kevin F. Gray 2. ! Does the City have a right not to issue a rental license for the year 2003- I William J. Cashma Richard W. Sobalv rro I 2004 based on the fact that there. may be a change in ownership? I i 5usan M. Dege Ans\'\{er: Yes, however, the new owner may apply for a Special Use Permit and I LeAnne D. Bartish fski go thtough the same proceedings. The City must treat the new owner's pursuant tothd current zoning ordinance. Nevertheless, the existing Special Use Permit Sarah L. Smith wasc:ontingent upon the property not being sold. Once the property is sold, the I Joseph M. Bromela d current Special Use Permit will expire and the new owner must apply for a new Speci~l Use Permit ifthe current ordinance allows for a residential unit in the I_ory J. Haupert Gene{al Business Zoning District. I I I I ! I \ I ,.,H ~fro""; "T"' ~ '",,^'"" ..,,",",,ro - ;,- 0."" - H H'-d, NMO "',," '"' """"", Paul A. Rajkowski and Sarah L. Smith in Wi.sconsin, and Wii/iam J. Cashman in South Dakota. -Member of American Board of Trial Advocates, ·Qualified ADR Neutral, . I I I www.¢ityofstjoseph.com ityof St. Joseph e ! April 11,12003 - I Tom Jov1novich '? 25 College Ave ue North / PO Box 668 RajkowsIh Hansmeier St. Joseph, MN 56374 I I POBox 11433 (320) 363-720 I St. CloudlMN 56302 Fax: (320) 363- i 342 i " I. ADMINISTRATO Dear Tom.: \ Judy Weyrens As we disþussed on the telephone on Wednesday,. a situ.ation has arisen regarding a Special I MAYOR Use Permit that was issued in 1993. The Special Use Permit was issued to allow a rental Larry J. Hosch unit in a General Business Zoning District. When the Special Use Permit was approved by the P1anni'ng Commission and City Council, three contingencies were inc1uded,one which CÓUNCILORS required ari arrangement foJ;' off street parking. I I Alan Rassier I . Ross Rieke The City bas recently been made aware that off street parking is no longer being provided. Gary Utsch Before I pµrsue this matter further, I would appreciate your opinion on the following: I Dale Wick I I 1.1 Does the: City have the right to not issue a rental license for the year 2003- 2004 based on the contingencies ofthe Special Use Permit. Ie a. Parking has ceased at Loso's Pub - Contingency #2 b. Transfer of ownership - Contingency #3. The property is in the I I process of being sold. My concern is whether or not the City has I the right to deny the cõntinuanceof a Special Use Permit based on ownership., It has always been my understanding that a Special Use 1 Permit is issued and recorded on the property not by person. I I I 2·1 The current property owner is scheduled to attend the.May 5,2003 Planning Commission regarding this matter. If she is able to próvide off street I i parking at another location, other than what was approved at th~ public ì hearing, is that acceptable or does she need to re-apply for a Special Use 1 Permit? 1 I For your cbnvenience Ihave enclosed the documents from 1993 including therecorded copy of the Spedial Use Permit. Please call me if you need additional information or have any . I( I questIOns. I I I CITY OF ST. JOSEPH I '''~ : /K<t;¿c£k } / I I ¡.Judy. , eyrfns ~mstrator \ I Ie Enclosures i I I \ . C:\Planning Conmfssion Correspondence\Schyma Special Use.doc \ ~ I Chronology of Special. Use Permit Mary Kay Nordmann Page 1 of 3 e Special Use Request - Mary Kay Nordmann: Chair Klein called .the hearing to 0 der at 8:00 p.m. The purpose of the hearing is,to 'consider a 'request for: a special use permit to allow residential - , living - quarters above a business in the general business zone. The property is located at 13 College:Avenue North, and legally descri ed as the South I 61' of East 27.15' of Lot 12, Block 9; Townsite of S1; Joseph. The request for a special use permit has been submitted by Mary aye Nordmann, I Route 2; Box 94, Royalton, MN 56373. Mary Kaye Nordmann spoke on her own behalf. Ms., Nordmann stated that he is requesting I authorization to convert the upstairs of her business into a rental unit. On Au ust 3, 1992, the Fire Chief and Building Inspector performed a safety inspection and she has met most of the requirements. I St.Jbseph Mutual Insurance submitted the following written comments: n t is the general consensus of the office employees and Board of Directors of the St. Joseph utual Insurance Company NOT to have this location turned into a Rental Unit. There are sever I reasons as to I why we would like to see this request denied: the're is not any parking availabl ; we have heard extremely loud music several times; there is excess garbage in back of our uilding because they have no weekly pickup; there have been vehicles parked on our property nd we want that e- discontinued immediately. We feel that there would be several conflicts if resulting in favor of a rental unit." - I The Commission question Ms. Nordmann as 'to, the pãrking for the rental uni . Ms: Nordmann stated that she has a verbal agreement with Mr. Mark Loso, owner of Loso' Mainstreet Pub, allowing her renters to park,behind his establishment. I Commissioner Schneider didn't feet that was a workable solution, unless the p rking spots were designated and marked. Liaison Loso requested Ms. Nordmann to obtain a leg I document from I Mr. Loso stating this agreement with, a time period attached. Ms. Nordmann questioned how far away the parking locations could be from t e rental unit. She a!só has an agreement with a resident on 2nd Avenue SE to allow her rent rs to park in her I driveway. Commissioner Kalinowski questioned whether or not the' renters would walk that distance to park their vehicles. Liaison Loso questioned Ms. Nordmann as to the volume of traffic upstairs a d the number of I parties reported.' Ms. Nordmann didn't feel that a problem existed, but would p y attention to the renters. I Loso made a motion recommending Council approval of the Special Use Permit with the following conditions: I 1. Ms, Nordmann contact the Building Inspector to verify compliance with the building corrections with the exception of making the front entrance handica accessible. el 2. A written legal document is provided to the City verifying the de ignated, marked parking stalls to be used by the renters. I II: I \ I Chronology of Special Use Permit - Mary Kay Nordmann I Page 2 of3 I I I 3. Ms. Nordmann appear before the Commission at the November I, 1993 meeting .e verifying :completion of the first two items. ' I he motion was secpnded by Nierengarten. , Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius, Schneider, Loso. I . Nayes: Nonel. Motion Carried 7:0:0 he hearing was cloked at 8: 15 p.m. ! ' I I I I PECIAL USE PERMIT MARY KAY NORDMANN: The Council discussed and considered the I f ndingsof the PlannIng Commission for a special use permit to allow residential living quarters bove a business in the general business zone. . : I The property :is located at 13 College Avenue North, and legally described as the South l' of East 27.15' of Lot 12, Block 9; Townsite of St. Joseph. " ! . I The request for a special use permit has been submitted by Mary Kaye Nordmann, rute 2; Box 94, Ro~alton, MN 55373. I ·e oso made a motio~ to approve the special use permit as recommended by the Planning I om mission provided the following conditions required by the Planning Commission are met; sleconded by Hiemenz. " " . Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. I . Nayes: None.] Motion carried. , i 1. "Ms. Nord~ann contact the Building Inspector to verify compliance' with the building I correction ¡with the exception of making the front entrance handicap accessible. 2. A written ~egal document is provided to the City verifying the designated, marked parking stalls to be used by the 'renters. I 3. Ms. Nordmann appear before the Commission at the November 1, 1993 meeting verifying cç,mpletion of the first two items. I I I i a Ka e NordmanM - S ecial Use Re uest: Mary Kaye appeared before the Commission to I dIsCUSS her special use request. Ms. Nordmann stated that she is meeting with the City Building Official tomorrow for the final inspection. The Planning commiksion approved the special use request contingent upon Ms. Nordmann I P~oviding off-street parking. Ms. Nordmann stated that she has an agreement with Mark Loso, owner of Loso's Mainitreet Pub, in which he will provide two parking stalls for her renters behind hi business. Ie i I ! I I I I " I . I Chronology of Special Use Permit - ary Kay Nordmann I Page 3 of 3 Mr. Loso spoke on his own behalf. He stated that he will provide two parkin stalls, but for I liability purposes, he would prefer not to have a written agreement stating such. -, Kalinowski made a motion granting the special use request of Mary Kaye Nordm nn to allow the upper level of her business to be a rental unit. The special use shall be granted n the following conditions: I 1. The building is approved by the City Building OfficiaL· 2. If the parking arrangements with the adjacent property owner, Mark L so, cease, this I special use shall become null and void. Additionally, if the propert owned by Mr. Loso changes ownership, the special use shall also become null and void. 3. This special use permit is non-transferable and should the owners ip change, this I special use becomes null and void. The motionwas seconded by Nierengarten.. I Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengartent Brixius, Hieme Nayes: None. Motion Carried 7:0:0 I 'I e' I 'I -- I I I I I el I . I I I Attachment: .orNo I Ie REQUEST FOR COUNCIL ACTION I Summit Management DATE: May 15, 2003 I Plannin 1 I RlGINATING DEPARTMENT I' lGENDA ITEM I I 'M \ unmut anagement I 1 a. Drainage ContTibution b. Developer's Agreement I I I F \ PFVI0US ACTION \ I>e llhe Planning Commiss~oJ1 on May 5,2003 recommended the Council approve the Developer's ~gree~ent. ,The .deve19persagreement mem~rializes the ~ctions of the ~~anning Co~ssion. The area r gardmg the dramageqasbeen left open untIl the CouncIl makes a decIsIOn. The mmutes from the Panning Commission 'fill be sent under separate cover. I 'I - I COMMENDED BOf.RD ACTION \ A prove or deny the detelopers agreement that has be"" recowmended by the Planning Connnission I 1 i I F SCAL IMPACT , I I I C MMENTS/JŒCO~ENDATIONS I I ill have a second pacI}et for the Council which will include the drainage information. I I Ie, I . I I e. .1 I I I CITY OF ST. JOSEPH I DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this _ day of May, 2003, by d between Summit I Management, LLC, a Minnesota limited liability company, hereinafter called "Devel per", and the City of S1. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". e- WIT N E S- SET H: WHEREAS, the Developer is the owner of certain real property located within the City imits which is legally I described as Lot 1, Block 1, Indian Hill~ Park, according to the plat thereof on file wit the Steams County, I I Minnesota Recorder (the "Property"); and WHEREAS, the Developer has submitted to the City for approval the plans and drawin s listed on Exhibit A I attached hereto ("Development Plan"), which describes the apartment complex d related facilities ("Project") the Developer proposes to construct on the Property; and WHEREAS, the City's Code of Ordinances allows the City to require a Development I for inspection and review during the construction ofthe Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT I HEREBY AGREED I AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF DEVELOPMENT PLAN AP ROV AL I 1.1 Request for Development Plan Approval. The Developer has asked the City to grant final I approval of the Development Plan for the Project to be constructed on the Property. el 2346186 1 I . I I \ I I 1.2 ConditiJns of Development Plan approval. ,. The Cìty, after requisite notice and hearing, has .e granted !in.1 approvaJ01the Peve10pmenIPlan Subject to the termS and conditions of this Agreement. 1.3 Scope of¡' Agreement. ThIs Agreement, and the terms and conditIOns herèof, apply only to the I P, rojcL This Agreemen~does not 0' bligate Developer to construct the Project, but Deve, lopeI' must, comply with the Agreement if it gþes forward with the Project. If Developer elects or is unable to go forward with the Proj~ct, or chooses not to'¡rebuild the Project after afire or casualty, it may propose to the City anew project I or djvelopment for thep, ,pperty, subject to the regulations then in effect for development approval~: and the Agreement shall not apply in any manner to such new proposal. ' : ~ I I. ' . " ... '. ., I . .... '. 14 .. ¡"ot 2 Dr~ßQg. PrO\ isi""". Whil. $. appro'laIa, and ""..rtakingµ ""d ag>e<>ments of th. . pa~11~s,u1thlS¡\grÐem~ntlre¡ate only to the Pr~Ject ~nd the Pr?perty, I:e.welop6r.and CIty ~?ve a~~'eed that an adJoc\ent property, to ';'¡¡t:~~ot 2, Hløek 1, .lnduUi H.dl.Pad" Stearns County, M,mnesota ( Lot 2), qum.mtly I o\vne\~ by Devel~per, B:ay:a1t~o, ..~henYev~lop~d, <I:ain sarrace wat~r nm o!fto the Gity owned hold~~g pend to. \';~lch the Project wlllqram (See Sec. _,.11), usmgthe smne draInage pIpe construGted for the Project (or., ., "', I· .' . '\ . ,"",..'..,,'..', "'. ' ,'..,', ,..', ,,' .... ~ ' " . '., ,'" " ',f' ,', f'" '_ " . ." '1 1 ' ' ,.. , "';" , , , . ~ \- " . , ... '< r .. ~. ., .. . . .,. , - , I b b ' b , I I 2.0 RIGHT TO PROfEED i The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water I lines, streets, utilities, ptlb~ic or private improvements, or any buildings, until all the following conditiqns have e been satisfied: (1) this Agreement has been fully executed by both parties- and filed with the, City Admi istrator; (2) the . esc~ow required in section 3 .12to secure performance 0 f the De~eloper' s landscaping I - andp ayground equipment obligations has been received by the City; (3) the City has issued a letter that an-I condi ions have been satisfied and that the Developer may proceed, which letter will not be unreasonably I withh ld or delayed. I I 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS I I 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and qonstructed on the Property as shown on the Final Site Conditions Plan A prepared I by Larson ¡Engineering of Minnesota, dated April 24, 2003 (referred to in, 'Exhibit A, )', subj ect to the provisions of this agreement. Any substantive deviations from the Final Site I ConditionkPlan A shall require prior approval by the City Planning Commission. [Note: Lot , I 2 is shOl on this Plan for reference. purposes only and is not part of the Project]. 3.2 UNITS AtPROVED: The Project is limited to 6 one-bedroom units, 35 two-bedroom units, I and 3 thre¡-bedroom units. 3.3 BUILDIN(} CODE COMPLIANCE. All buildings and accessory stru.ctures shall be , I constructe~ in accordancewith the Minnesota State Building Code as adopted and modified by the St.10seph City Code. Ie \ 2346186 2 I .I I I 3.4 SITE PREPARATION: The Developer shall comply with any eros on control method. e. ordered by the City for the prevention of damage to adjacent prope and the control of surface water runoff. As the development progresses, the City ma impose additional erosion control requirements if in the opinion of the City Engineer su h requirements are I necessary. 3.5 BUILDING ELEVATION: The proposed building(s) will not exceed th building elevations I shown on the Development Plan. 3.6 BUILDING EXTERIOR: The building exterior shall consist of beige r tan horizontal lab I siding with brown face brick details and the roof shall consist of green phalt shingles. Any changes in the exterior materials shall require prior approval by the City Planning Commission. I 3.7 INGRESSÆGRESS: Vehicular access to the Property shall be constru ted as shown on the Final Site Conditions Plan A, dated April 24, 2003, referred to in Exh'bit A. I 3.8 SIGNAGE: The building will have a sign of not more than 50 square fì et, which shall not be I located in the right of way. 3.9 LIGHTING: The exterior lighting for the Project shall be installed as hown on the Plan of I Luma Sales Associates, Option "A", dated April 18, 2003 referred to in Exhibit A. e 3.10 OFF STREET PARKING AND LOADING: The Developer shall pr vide at least 109 off I street parking spaces,.including 3 handicapped spaces and loading are (s), as shown on the Development Plan. The parking lot shall be constructed with a hard surface consisting of asphalt or a similar surface material approved by the City Engineer. I GRADING/DRAINAGE: The City Council has approved a plan for t e Project and Lot 2 to I 3.11 drain to the City holding pond on Out Lot B, Northland, Stearns County, Minnesota, I provided that all cost of piping and securing rights to cross MriDOT property shall be the responsibility of Developer. The City hereby grants to Develope the perpetual, non- exclusive right and privilege to drain the Project's surface water to sa'd City holding pond, I which right shall be appurtenant to the Property and Lot 2 and shall run with the land. If I Developer, or any of Developer' s lenders or purchasers wish to mem rialize the Property's or Lot 2' s rights to drain surface water to the City holding pond, the C ty agrees to enter into I I a customary easement agreement memorializing the rights, satisfactory in form and substance to the City's attorney, provided that the expenses of preparation and r view ofthe easement I agreement shall be paid by the Developer. , I , I 2346186 3 I .1 I I I ,- may be charged or Œ)sesGed against the Property and/or LO'É Lin annual at;seGGments. The , . , .. I term "CitY's Costs" means the City's act'..ìOl, out of poc1;:~ paymentfJ for costs ,directly associated. '.'lÌth the maintenance, cleaning, repair and r8, dredging of Gaid City heldipg pEmd . I. ' . I I' f~Q{)4J:f G' I à ' '1'1 I to mmntam cun'ent capacIty, p us a () large 0, ., / ' or ,It)' over lea mcpenses.,. leGe oharges (~r aSS8tJGments shall be a burden '.vhich Fum; 'with the land.. De'.'elo138f fRay at Ítt; I option pa)' a one time, up front fee of$l,OOO for the Property and $750 for Lot 2 in lieu of I any and ctll future charges 81' assessments ef any nature relating to Baid City holding ponà. (NOT'E ~ Crry ENGINEER'S LANGUAGE TO BEINCLUDED LATER.) I \ I 3.12 LANDSOAPING/FENCING/SCREENING: As directed by the landscape design, the Propertyrill have a minimum of29 trees and·1 02 shrubs. The vegetation shall be planted as shown ot} the landscape design. . All lawn soddingand other landscaping shall be I substanti~lly complete by the "Completion Date" (See Sec. 3.20). Developer shall post $15,000 ~n escrow with the City to ensure compliance with the landscape design requirem~,nts under this Section and the playground equipment requirements under Section I 3.15. below. The escrowed funds shall be released to Developer when both the playground equipment and the landscaping have been installed. The BV AC equipment, dumpsters and off-street parking shall be. screened from view as shown on the Development Plan. The City . I may insp¿ct the Project to ensure that all required vegetation, fencing and screening are installed.! I. 3.13 FIRE HYDRANT/FIRE LANE: As shown on the Development Plan. 3.14 UTILITY rLAN: As shown on the Development Plan. I - - 3.15 ADDITIO~AL IMPROVEMENTS: Playground equipment shallbe installed where shown I on the De\relopment Plan.. Playground equipment shall consist of the items enumerated in Exhibit B,I unless the City has approved changes. Developer agrees that the playground equipmentl will be installed and operational by the "Completion Date" (See Sec. 3.20). i I 3.16 NPDES/CITY OF ST. JOSEPH SWPPP: N/A. I I 3.17 ' FIRE/SAF¡ETY REQUIREMENTS: Project mustbe constructed to comply with City Code and statutqry requirements. , I j I 3.18 REQUIR.I;MENTS FOR BUILDING PERMIT: No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement, obtained any necessky easements and provided the City with a copy of the easement documents, .and I submitted ~ny additional information as directed by the City Engineer. I' . 3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City building I codes. I i Ie I 4 2346186 I -. I I 3.20 CONSTRUCTION SCHEDULE: The Develo er shall a Iv for a builclin' eunit within ~ one veal' of the execution of this alITeement. Failure to a Iv within the ne vear )eriod. sha11 I render this agreement null and void. The improvements shall be subst tially completed by . the first (1 st) anniversary of the date the building pennit for the Projec has been issued to I Developer, and no later than the second anniversarY of the executio of this a· reement, I subject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of Developer (the "Completion Date"). I 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, that D veloper's interest in I the Development is fee owner. 4.2 Binding Effect on Parties and Successors. The tenns and provisions of his Agreement shall I be binding upon and accrue to the benefit ofthe heirs, representatives, s ccessors and assigns of the parties hereto and shall be binding upon all future owners of 11 or any part of the I Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all ofthem This Agreement, at the option of the City, shall be placed on record so as to give notice ereof to subsequent I purchasers and encumbrances of all or any part of the Property dlor Project ,and all recording fees shall be paid by the Developer. If the Property an Project are sold or conveyed to a third party, and the third party, in a writing satisfacto to the City, takes an I ,assignment of, and agrees to assume the obligations of the Developer der, this Agreement, e the prior owner/transferor will, from and after the effective date 0 the assignment and assurñption, be released from any further obligations under this greement; þrovided I however, that in no event will Summit Management, LLC be release from its obligations under this Agreement prior to the City's issuance of a certificate of occ pancy for the Proj ect. I 4.3 Notice. Any notices permitted or required to be given or made pursu nt to this Agreement shall be delivered personally or mailed by United States mail to the ad esses set forth in this I paragraph, by certified or registered mail. Such notices, demand orpa ent shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses ofthe parties hereto are as fo lows: I If to the City at: City ClerkJ Administrator City of 81. Joseph, P.O. Box 668, I S1. Joseph, MN 56374 If to the Developer at: Summit Management, LLC I c/o Mark Lambert 910 US Bank Center 101 East Fifth Street I S1. Paul, MN 55101-1808 A TTN: President el 2346186 5 I 1- I ! I \ ell I 4.4 Incorporation of Documents bv Reference. All of the. Development Plan documents identified in attached Exhibit A are incorporated by reference in this 'Agreement. I 4.5 License l EnterLand, The I>,veloperhereby grants the City, its agents, employees, ofticers and contr~ctors a license to enter the Property to perform inspections deemed appropriate by I the City quring the development of the Property. 4.6 Certificat~ ,of Compliance. This Agreement shall remain in' effect until such time as I Developer shall have fully performed all of its duties>and obligations under this Agreement. Upon the ¡written request of the Developer and upon the adoption of a resolution by the City I co. uncì1 tip, d,ing t.hat the Developer has fully co.mPlied with all. the terms of this Agreement and finding that the Developer has completed performance .of all Developer's duties mandatedibythis Agreement, the City shall issue to the Developer on behalf ofthe City an I appropriat,!e certificate of compliance. The Certificate of Complìanceshall be in recordable form and ~hall constitute prima facie,evidence that the Developer has performed its duties andob1ig~tions under this Agreement. I I 4.7 Assignmeht. At any time before a Certificate of Compliance has been issued; this Agreement may not b¢ assigned by Developer except upon obtaining the express written consent of the I City. e 4.8 Íntegratiorl.. This AgÎ'eement contains allofthe understandings and agreements between the I parties. T¡his Agreement may not be amended, changed, or modified without the express, written consent ofthe parties hereto. I " I 4.9 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. I 4.10 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. , , I I 4.11 Representdtion. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal I I advisor pr~lor to execution of this Agreement. 4.12 Additional: Terms. The following additional terms are being made a part of this I Developm~ntAgreement to continue in force and effect as though they were dedications of the DevelopmentPlan, unless according to their terms are intended to terminate earlier: Not Applicable] I 5.0 DEFAULT AND 1MEDIES I -I Ie Ii 2346186 I 6 I . I I 5.1 Default. Failure by the Developer to obsèrve and perfolTIl any cov nant, condition, or e ' obligation contained in this Agreement shall be considered a default by he Developer under I the Agreement. 5.2 Right to Cure. The City shall give the Developer written notice of default under this I Agreement. The Developer shall have 10 days in which to cure the de ault (or in which to commence good faith efforts to cure if the default is one which cannot re sonably be cured in I 10 days). 5.3 Remedies. If an event of default is not cured by the Developer withi I period, the City may do any, all or any combination of the following: (a) halt all further approvals regarding improvements or issuance I occupancy pelTIlits relating to the Development Property; (b) seek injunctive relief; I (c) take any other action at law or in equity which may be availa Ie to the City. I Effective as of the day and year first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] e- - ,I I I I I I I el 2346186 7 I 1- I I I>. CITY: ATT ST CITY OF ST. JOSEPH I By By I Ci Y Glerk[ MayqI DEVELOPER: I II SUMMIT MANAGEMENT, LLC I II By I Mark W. Lambert, President I \ STAT OF MINNESOTAI ) I I )ss COUM1TY OF STEARNS \ ) I On this day ?fMay, 2003, before me, a notary public within andforsaid County, personally . . appea ed . ' I and , to me personally known, who, e being ach by rIle duly sworn, did say that they are I<'SJectively the MayqI and the City CI",:k of the City of S t. I JoSep~\'Minn, . esota, the m, UP' icip al corporation named in th e foregOl'ng, instrum ent, that said instrument was signed on behalf of saidmuµicipal corporation by authority of its City Council and said Mayor and City Clerk ackno· ledged said instrument to be the free act and deed of said corporation. I NotaryPublic STAT OF MINNESOTA ) I I )ss CO TY OF STEARNS i ) I I On this___ day 9fMay, 2003, before me, a notary public within and for said County, personally appear dMark W. Lambert, the President of Summit Management, LLC, a Minnesota limited liability I corop y, the Developern+ed in the foregoing instrument, and that said inslIurnent was signed on behalf of said COI pany by authority of its' Board of Governors and said President acknowledged said instrument to be the fre act and deed of said corporation. I \ Notary Public I ¡ Ie I 2346186 8 I I I . I ! I ¡ i I \ I e \ EXHIBIT A I . .(DevelopmentPlan) I · Site Condhions: Final Site Conditions, Plan A, Larson Engineering of Minnesota, April 24, 2003 1 I I · Site Plan: !Page AI, Proposed 44 Unit Apartment Building, Cole Group Architects, April 22, I . 2003. ~ I I ' I · ArchitectJal Plans: Pages A2, A3, A8 & Gl, Proposed 44 Unit Apartment Building, Cole Group Architects, April 22, 2003 I . LandscapiJg: Plan 3, Klein Landscaping, March 14,2003 I I I · Lighting: ?ption "A," Luma Sales Associates, April 18, 2003 I ! I Ie ii I ; I I I I I I Ie 2346186 10 I -- I , . lurna Sales AssoCIates . I l1ghflngðnd Controls 5200 ¡ 2th Avenue East (e - ShakoDee. MN 55379 i£L: 952.995.6500. FAX: 952.995.6565 I www.lumasales.com , 1 I I I 1/24/03 I C Ie Group Architec~ 2 6 Park A venue So. Suite 102 I SfIOUd, Minnesota 56301 \ A : Nonn Cole ': ' R: Bluffs of st.loi/summit Apartments I I !INorm: i. . I ave supplied you wib two different ligJ¡ting layoutsJor the above job, I recommend that you I chi. seoption A, for th~ following reasons: The Spaulding fixtures that are mounted on the ., . apartment building will be mounted at approximately 28' feet off the ground and mounted on the b i'Iding.This will e~ure enough light on the sidewalks and into the parking area. This layout Ire sh ws YOll that there is! no light beyond the back of the garages, thus giving you no light trespass on to your neighbor's property. With the lights that I have put on the garages win give you ad itionallighting into\thèparking area. , -, I I - I dp not recommend oøûon B for the following reasops: With only having ligJ¡tson the garage, ba kand the sides of the apartment building leave you with limited areas that are illuminated. I W thonly having light~ on the garages and none on the front of the apartment building give you no light level past the d,enter of the parking area going from the garages to the apartment bIding. This becomes a safety, health hazards and minimal light to walk from one point to I an ther (like walking #om the apartment building to the garages). If! can be of any help ~lease feel fee to call rile at anytime, I can be reached oIt mý cen phone at I 1- 12-386-7081 or at I11y'home at 1-320-253-0620. I ! I I I \ ( I I'e I . -- "'SeJ I 1200 25th Avenue South, P.O. Box 1717, S1. Cloud, MN 56302·1717 ·320.2294300 320.229.4301 FAX architecture . engineering . environmental . transportation I May 1,2003 RE: St. Joseph, MN e. Lambert Commercial Dev lopment SEH No. A-STJOE 0301. 0 D22 I I Ms. Judy Weyrens I Clerk! Administrator ,City Of Saint Joseph I 25 College A venue North PO Box 668 Saint Joseph MN 56374-0668 I Dear Judy: I have reviewed the letter prepared by, Benshoof & Associates, and submi ed by Summit I Management, regarding the driveway access to the west edge of the apartment si e. I concur with the points made by Benshoof & Associates that this westerly access is not the be t fit for the site. .- The suggested driveway could physically be constructed but it would be steep bet een 8-10%. The · best driveway access for this site layout is the northerly access previously presente - I This concludes rriy remarks. Sincerely, I (} 'ßW+ (j/vvvJô '. ¡ , I I AmyB. SC~1affer, PE. . Project Engineer I mdh c: Joe Bettendorf, SEH I Dick Taufen, St. Joseph Public Works Superintendent Summit Management, LLC I x.lptlstjoeld22 lambert apartment developmentll·city-050103,doc I l, el Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Empioyer I L BENSHOOF & ASSOC. 952 238 1671 P.02/03 .Rt'K-l.::> 2003 15:37 I I I BENaHOOF& ASSOCIATES, INC. I TRANSPORTATION ENGINEERS AND PLANNERS . L . 10417 EXCEtJ¡IIO~,øoULEVARD, $UI'TE'TWO,/MOPKfNS¡ MN55a43/ <_)"'1667/ FAX (952) æ&-1671 I \ AprlllS~2003 I Refer to Fi1e:03·19 I \ I I I \ \ I MEMORANDUM RECErv LJ i , APR 152003 I I I I TO:' JDeBetteþ.d~ SEH.Inc. CITY OF ST. JOSEPH FIWII«: James ....¡iB<IIISi1I¡Q~~ I RE: Review of Rear Altemative Access Concept for Proposed Apartment I Development on Northland Drive in City of St. Joseph \ Some members of the City Planning Commission expressed interest at their meeting on I April 7 to consider\an access ar.rangement for Mark Lambert~s proposed apartment development that ~ould extend a driveway from the intersection of Northland Drive and Little Crow Court ~est to the rear (west edge) of the apartment site. At this point, the I(e driveway would cufve north to the north side of the apartment building· and then east into the parking lot.- , . ,- . I We understmdyoui,bave been requested to investigate whether tbis drivêway.- arrangement would be feasible intcrms of grades along the driveway. . Investigation .of possible driveway ~es is only one part of the important overall questions: Does this I driveway concept ø1ake sense? , Would .such.a driveway provide an appropriate and effootive solution? .f.s requested by Mark Lambert, we baveprepared tbis memorandum to address the preceding overall questions in orderto assist you and the City in I fg ~anyiiitlh... consideratiDl\shou1dbe given tothìs~ driveway I ' I ased on my 33 y~ of'transportation engineering experience, I cannot recall a single .. lance where III! lII1amnont dev~t is served by such a loog,citcuifnllS drivewaY. I ¥nder this concept, the total. driveway length from Northland Drive to the point where ~e driveway would, bonnect withtbeparlång lot would be about 550 feet. This distance 4 mote thm¡ four ünIes longer tbant1\. approximateJ30 f"ot long driveway thatwou1d I ccur under the propbsed development plan. Such an excessively long, circuitous 'vewaywouldcaus~ several serious problems, including: j . . ' I a) Non-stand;ard design with greater u-affic conflictsatíntersection with Northland iDri'Vc. The south property tine for the apartment site is aligned with the c~terline of Little Crow Court" As we understand City Ordinances~ I\e the south edge oftbe apartment driveway would need to be located a I. \ I ) \ APR-15-2003 15:37 BENSHOOF & ASSOC. P.03/03 I - Mr. Joe Bettendorf. -2- I minimum of five feet north of the property line. With the minim spacing, -. this means that the centerline of the drivewaywouJd be 17 to 20 ~ north of the centerline of Little Crow Court. This close offset is contrary to applicable design standards and would result in a greater ,level of traffic eonfli ts. I b) Inadequate north-south dimension of the apartment property to ace DUIlodate a driveway on the south side oftbe site. Considering the need to I accommodate grade changes~ the north-south width of the parking ot, the north-south width of the apartment building, and a fire lane on the uth side oftbe apartment building, the remaining north-south space is inad uate to I accommodate a two-way driveway. c) Highly awkward driveway mangement for residents and visitors. The I indirect nature of the driveway causes inconvenience for users and limits their ability to understand how to enter and exit the site. d) Much greater construction and maintenance costs for a 550 foot veway I than for the recommended 130 foot driveway that would intersect ortbland Drive about 260 feet north of Little Crow Court. I e) Incompatibility between this access c~ncept and.a public road ac ss the .. parcel to the south between Northland Drive and the north frontag road of CSAH75. This possible public road is an option available with th . proposed . driveway loéated about 260 feet north of Little Crow Court. If the City ever - should decide to build this road, the apartment driveway would ha e to be I removed over much of its length and replãCed wíth a néw drivewa; cOl1Ìlection to the new roadway. I The five preViously mentioned problems are very serious and render this COre "access option, inourjudgment, to bean imprudent and infeasible access alternative. In addition I to revealing problems with a "rear" access concept, the review addressed in . memòrandum bas reaffinned the desirability of access concept A in our Marc 21 memorandum. which would provide access for the apartment development vi a I driveway on Northland Drive about 260 feet north of Little Crow Court. ' I I I el I TOTAL P.03 / , l' . , BENSHOOF & ASSOC. 952 238 1671 P.01/03 I ' \'.L_ ¿1ð1ð...J .::;>. .:) (' i I I I ' ',' , BEN~HOOF& ASSOCIATES, INC. ,'~/ I' TRANSPOF{rATlON ENGINEERS AND PLANNERS 11 ð ( 10417 EXCe¡J;IOR BOUlEVARD. SUm: TWO 1 HOPKINS, MN 563431 (952) 238-16671 FAX (962) 23&-1671 ¿/ I I ¡FACSIMILE TRANSl\tJITTAL RECEIVED, I '. . .,'. . ',' ',' ..... . " I FROM BENSHOOF & ASSOCIATES, INC. -WTI\' ..... ., APR 1 5 2003 I DATE: 't rs-:o-$+ .. . . .'.' JOB N()~ S -11 ('¡TV OF ST. JOSEPH I Fax No.: I ~.:¿~. -~c>l I 'š<t>p~s-~~'f~ I , i I. I i , I " , t \ I , I i I I I 1 I I , I \ '. .- HIS TRANSMmAL IS BEING SENT B . \ .1Þ YOU PO NOTRECElYE ~ PAGES, IN LUDING THIS S ALl. 9S2l238-166~ - I , i I I i ~ I I I I I .- CITY OF Sr. JOSEPH ADVERTISEMENT FOR BIDS I TO WHOM IT fv1A Y CONCERN: I The city council pf the City of St.. Joseph will receive bids atthe office of the City Administrator unti/11 :00 a.m. June 6, 2003, for the making of the following described local improvement under Minnesota·Statutes, Chapter 429: I I ' The improveme~t of street" water, sewer, curb, and gutter for Northland Plat 7, according to the plans and specifications on file in the office of the City I Administrator. I , I All bids shall be rnadeonthe proposalforms of the city and shall be accompanied I by a cash deposit,· cashier's check, bid bond or certified check payable to the order of the City Admi1istratorfor not less than five percent ofthe amount bid. I Bids shall be directed to the City. Administrator, securely sealed and endorsed upon the. outsid~'wrapper with a brief statement or summary as to the work for which the bid is made. .. I I I The city council ~eserves the right to reject all bids. i I Copies of the plans and specifications will be furnished on request to any prospective bidder upon a deposit of $ 55.00 to guarantee their safe return. I Bids will be. op~ned . and ... bids and the responsibility of the bidders will be considered ata t;1earing by the city council in the council chambers of the city hall I St. Joseph on Jure 19, 2003. I , j I I I I I City Administrator I Ie I I I I Overtime and Callouts .e April 25,2003 through May 8, 2003 , - I 3.00 hrs I 4/25/03 1.50 hrs finish patrol Wfekend Work 3.00 hrs Wfekend Work 5/7/03 1.50 hrs Dept Meeting I I - I 3.00 hrs I 4/26/03 3.50 hrs Pinestock Coverage Weekend Work I 3.00 hrs Tkend Work 5/7/03 4.00 hrs Dept Meeting I - I I 1 5/7/03 1 .50 hrs Dept Meeting 2.00 hrs Call Out Lift Station I ' 1.00 hrs Maint. Facility Meeting I I ·e I 3/28r,03 1.00 hrs Compost Workers Mtg 4/1~03 2.00 hrs Cduncil Meeting I 4/8' 03 2.00 hrs Maint. Facility Meeting I ! I I I I I I Ie I . I , I I Attachment: Blor No I {II COUNCIL INFORMATION ITEM I DATE: May 15, 2003 ~ : I Administration ~~ t(ió/A/~d: fGWATWGDEP1TMENT I EP TENT APP VAL INFORMATION ITEM I A coho1 Compliance C~ecks - St.: Joe Amoco Liquor.. Michael Deutz I \ VIOUS ACTION I , . I e Council in Decemb~r 2000 adopted an alcohol matrix system to provide standardized penalties for c rtainOrdinance 71 (Liquor License) Violations. The matrix was later amended in 2001. I Ie F ,SCAL IMPACT \ I I I I T~f}City received a graritto cover the cost of the under age buyers as well as the off duty police officer that assisted them. Thetefore there is no cost to the City. In addition the City will receive a fine in the a I ount of $ 150.00 I I I I C I MMENTS/RECOM¥ENDATIONS B sed on the alcohol mdtrix:the property owner was billed $ 150.00 and given the opportunity for a I h~aring before the C?unpil. It is my understanding that Mike wïp?~paying the fine as he has not re uested an evidentIaryl hearing. I I I Ice I . I I , www.~ityofstjoseph.com· if:Ji afSt. Joseph' .- ' I 1 I . ~":Oll,,, A""r North May 6, 20,03 I PO Box 668 , Sl. Joseph, MN 56374 Michael Deutz I I (320) 363-7201 PO Box 634 Fax: (320) 363-0 42 st.Josephl~ 56374 I ADMINISTRATOR I I Judy Weyrens Dear Michael: , I MAYÖR I Lan-y J. ~OSCh~, ! .' As you ar~ aware the St. Joseph Police Depm;tment conducted the Alcohol Compliance COUNCILORS checks on Friday, April 25, 2003. This letteristo inform you that your establishment; st. I Alan Rassier Joe Amoc9 Liquor, failed the compliance check and sold alGohol to a minor (see attached Police Report). ,The City Council has adopted an alcohol matrix system which identifies Ross Rieke administrative fines Jor certain alcohol violations. Gary Ulsch I I pale WiCk I Therefore,!based on the matrix (see attached) you are hereby fined $ 150.00 for selling a1cohol.to ~ minor. If you dispute the liquor license violation please notify me in writing within 7 dáys and a hearing will be scheduled before the City Council. If you are not ·e disputing the violation please submit the fine to the City Offices, PO Box 668, S1. Joseph ! .' .' . . , MN 56371 within 10 days ofthe date of this letter., ," . I If you have apy questions afterreviewing the enclosed or you wish to schedule an - evidentiarXhearing please contact me at 320-363-720 1 ~ i I I CITY OF ST. JOSEPH I ~1r~ I J dy eyrbns d' I ml strator I I Enclosures] (2) I cc: Måyor Hosch and Members of the City Council I Po}ice Chief Pete Jansky CitY AttomeyTom. Jovanovich I I Ie I . RMS Report .~ Case Number: Officer Assigned: Badge Number: How Rec'd: 03800684 JANSKY 7701 INPERSON Rep~rted By: Supervisor. Approval: . 1. SALE OF ALCOHOL TO , . UNDERAGE PERSON Location of Incident: ST. JOE AMOCO LIQUOR 21 BIRCH ST W 04/25/03 Date Reported: llme Reported: llme Assigned: llme Arrived: SAA 0830 Name (Last, First, Middle) POSCH, KEVIN ROBERT Street Address: City, State, ZIP: Phone: 32056 Terry RD AVON¡MN 56310 Arrested: Citation Issued: atation Number: 1:81 Yes 0 No o Yes!81 No Phone: 363- Citation Issued:' atation Number: ,I I I Signature (when required): I (Comp, Parent, Guardian) DYes ONe I el I L OIŒ¥ ÛF ROC KVILLE I, , , ,. ' : P.O. Box 93 · 209 Broadway Street East . Rockville, Minnesota 56369 ! (320) 251-5836 · FAX (32(}) 240~9620 AGENDA ROCKVllLE CITY STEARNS COUNTY. MUNICipAL LEAGUE, MEETING INTERIM GOVT MAYQB TUESDAY, MAY 20, 2003 ROGER SCHMIDT 8:00 P.M. 293-6592 CITY CEL WARNER LAKE COUNTY PARK 252-5451 HOME COUNCILORS TOM HOEFERLlN 1. Call To Order -Roll Call by Sign In 253·7038 HOME ED HUNSTIGER 252-4850 HOME 2. Approval of Minutes _. January 21. 2003 ' IRENE KARLS 252·5881 HOME JOHN KOERBER 3. Treasurer's Report 252-0499 HOME a} Current Checking Account Balance CHERIE lOMMEL b) List of Bills 259-1183 HOME c) Paid Memberships LLOYD WMMEl 253-2247 HOME JEANNA MillER 4. Committee Reports 253-2102 HOME a) WaterAdvisory Board I,,,, "'" b} Feedlot Advisory Board 105 HOME N SIMON c} Region -7W - Joe Bettendorf, SEH 252-6000 HOME I GREG SIMONES 5. Old· Business 259·8503 HOME 0 RANDY VOlKMUTH a} , Review/Approve By-Law Amendment I 24()"6889 HOME b) Election of Officers CITY STAFF RENA WEBER 6. New Business _ITV ADMINISTATOR/Cl RK a} Linda Hatten MN Workforce Center-$ervicesoffered JULIE ZIMMERMAN b) Steams County Business Partners Program FINANCE DIRECTO JUDYNEU c) ChuckWocken - Steams County Parks t UTiliTY BILLING! d) Legislative.Update - Tom Thelen -- League ofMN Cities INISTRATIVE ASSiSt NT e) Update by Entity GREG STANG MAINTENANCE! PUBLIC WORKS 7. Adjourn I SUPERVISOR 250-2601 Cell *CityClerk -please provide copies of agenda/minutes to II coÜncilors . I Remember - this is your chance to share your views with your peers and the County Board members. Ie '\Rockville City 'a an equal opportun'y provider and employer. I I . i I ...AD.;~~C";4' I ¡¡¡ Ii!! 0 E:! D D a 8 iii ¡a Ii!! ä1 ED Ell !!ill ~ ... ... 0 t? en ~ %I "D "V 'V "D 't! ~ ~. .~¡~~j~i~2:~RR~~ 1 ~. n t> q . & ~ ð g g> ~ · i o:¡i-cs. ~- i;-g I e> ..~..~. · ~ .. ~ I i . r ~ e· ro . I ^ Kl[ 0 0 0 o 'i¡ 2 C'I '""'I J"tit t II- ~ @ o [~. [- ä- ~ n! .. ~ I 00'1 ~ :D ~ -=~~ : f I g ~=..... ! ~ ~=~ ~ ~=~ ." I '""'I fIS ..,. = .,,;:, .:. ':" ~ ~ .. ,.. ... ~ o I " ~. '""'I ~ I ro ~ ~ I -0 ~ 1- ~ I ,: .>~<c.;> e ,. :~..\:;;;:t.;"~~.i. e ~. /~"'..~~' I ~. P> '""'I ~ ." I r P> ~ I o c: .~ ~ I ~ OI I p> ro ~ -' o 3 ro 00 » ~ . ,'.. .... ·····1 ............. ...... .... ...... ... .... ....... . ....... . . ....... ... () .............. ..' .. .', .... ...... g = .::::::<:./:::.::~:;..:::;}';':.:, 00 00 SP~~ n~c I _~g:+ oÞ$ ~ ....Þ c;am 3C):'c zzn el o! .... 0 ca -t m ... ¡n:lc <;a- ",;an! .",..0 ." t ;a C) þ:þ. z . ~ ~ 1 ~~= I 5 0 . I i I I , I' MINUTESOF¡ A REGULAR STEARNS COUNTY MUNICIPAL LEAGUE. MEETING HELD .- TUESDAY, Jf-NUARY21, 2003 -- 8:00 P.M.· PAYNESVILLE·CITY f1ALL I The meetingwas.called toorder by Chairperson Vince Schaefer. ..RolI Call was taken by sign in and the following rn~mbers ""ere found to be present: Nancy Roering, and Rose Ann Inderrieden ..:. I Melrose, Mayor Roget Schl11idt, John Koerber, Julie Zimmerman, and. Rena Weber- Rockville, Mayor . PaulIheisen and Corålee Fox - Sauk Centre, Mayor Jeff Thompson, JeanSoine, and Steve Helget . Paynesville, Mayor Jim Rothste,in and David Heinen - St Martin, MayorLarry Hoeschand Judy I I eyrens ~ St Joseph',Mona Haag - Eden Valley, Mayor Brigetta Klemek& Larry Lahr - Cold fPring, ,Mayor Ernie 9chrnitt -Holdingford, Commissioners Don Otte and Vince Schae!~r and Don rdamS& Jeff JOhnso~ - Stearns.County. Also present: Tom Thelen - League of MN CIties. I ~PROVAL OF MINUfES -Motion by Member Jeff Thompson, second by Member Paul Theisen, to approve the minutes of 1 0/15/02 as presented. Motion carried unanimously. ~ 'I " REASURER'S REPORT.. Treasurer Jeff Thompson presented the Treasurer's report as of I 12/31/02. I Beginning Balance 1/1/02 $1,554.91 Receipts] 475.00 I Disbursements - 355.91 Balance 12/31/02 i $1,674.00 LIST OF BILLS I City of Rockville - copies, envelopes, stamps $ 79.47 I Rena Weber+ secretarial fee ' 25.00 PAID UP MEMBERS T2OO2: ~Ibany, Bel,grade, Col~Spring, Eden Valley, Holdingford, Kimball, Melrose, New Munich, Paynesville, ·e reasant Lake, Richmpnd, RoqkvUle,Sartell, Sauk Cenua, SI. Joseph, SI. Martin;S! Stephen, Stearns County, & Waite Park. I . .. . , Motion by Member Paul Theisen, second by Member Nancy Roering, to approve the . ITreasurer's Report, List of Bills and Paid Membership report as presented. Motion carried I unanimously. ! . I I COMMITTEE REPORTS: ' I WATER ADVISORY BOARD -Discussion was held regarding the appointment to this board. Don Adams reported that t~e Board meets 6 times each year- 2nd Thursday -6:30 p.m. in St. Cloud. , Mayor Jim Rothstein '1 St. Martin, volunteered to serve on the Water Advisory Board. Motion by Member Larry Lahr, second by Member Brigetta Klemek, to approve the I appointment of Membør Jim Rothstein to the Water Advisory Board. Motion carried unanimously. I FEEDLOT ADVISORY BOARD- Member Vince Schaefer reported there were meetings held only I when needed. The Feedlot Advisory Board would. meet on the 1st Monday of each month - 1 :00 p.m. - St Cloud. Mayor J~ffThOmpsonvolunteered to serve on the Board. Rena Weber reported that Karen Peternel,1 inquirrd about the position. Motion by MetTlber Mona Haag, second by Member Brigetta Klemek, to appoint Mayor Jeff I Thompson - Paynesville,tothe Feedlot Advisory Board. Motion carried unanimously. ' i . . REGION7W - Joe B~ttendOrf was, not present at the meèting, but. reported to Rena Weber that all I projects from Region.7W were submitted for TEA-21 funding and we are awaiting word of approval at this point. No actiont¡:¡ken. I I OLD BUSINESS -- None I NEW BUSINESS· I J.EFF JOHNSON - ASSIST ANT STEARNS COUNTY ASSESSOR was present to speak on the Ie following: Tax System Changes, Green Acres Law, and Demonstrate the CAMA system. I I I I , I . I CAMA (Computer Aided Mass Appraisal System) - Jeff was unable to go live with the County's AS- I 400 computer as an analog phone system was!1eeded. Jeff did. explain, however, that with the e. system assessors cóuld review property (at the Board of Review Meetings) and make changes as needed. The system is able to compare prior year assessments back to 1980 of each parcel. The "Assessor's Corner" is denoted on the'County web-site and features a section titled "understanding your tax statement." I The County will host a business partners demonstration in a couple of months whereby attorneys,appraisers, realtors, and administrators will have an opportunity to see what information is available on-line (for a fee) from Stearns County. I GREEN ACRE LAW - Jeff Johnson presented information regarding the law and urged members to let their citizens (who qualify) know about the benefits. The law puts a freeze on agricultural tax capacity value'in order to give property owners relief from higher values due to development. There , is a catch to the program in that should the property be sold, a payback of taxes could occur, I depending on how long the property was in the program. TAX SYSTEM CHANGES - Jeff Johnson further explained how the "pieces of the pie" changed under the new tax law. Copies of the Green Acre Law and Property tax refund information were made I available to members. LEGISLATIVE UPDATE - Tom Thelen, League of MN Cities, was present at the meeting to update the members on: I a) Legislative conference was held in St. Paul the previous week b) LGA is more than likely a thing of the past c) Definition of reserves is different for each city I d) Newly Elected Officials Training is scheduled for the end of January - check the League's web-site - \vww.lrnnc.org e) Brochures on Codification/Model Ordinance Code were handed out f) Handbook is available on the web-site e· BY -LAWS OF SCML - Chair Vince Schaefer read the by-laws of the Stearns County Municipal League indicating that Membership shall be open to all cities in Stearns County. This does not I include Stearns County Commissieners and dues have. been paid each year. Tom Thelen cited the history of the Stearns County Municipal League stating the Regional Development Commission ,#as established in 1960 and was meant to be a city only organization. . Motion by Member, Larry Hoesch, second by Member Jim Rothstein, to amend the by-laws to I allow County Commissioners as members of the Stearns County Municipal League. Motion carried. A review of the by-laws. along with elections will be held in May. UPDATE BY ENTITY - I PAYNESVILLE - Administrator Steve Helget reported the city is completing the update of their comprehensive plan using DSU - St. Cloud, airport construction is scheduled for this year, CSAH 66 will be reconstructed this year. I ROCKVILLE- Mayor Roger Schmidt reported the Planning Commission and City Counèil will be holding a oné-day meeting to discuss development issues (sewer improvement around the lake areas) and the new zoning ordinance (combination of the three entities). I STEARNS COUNTY - Environmental Services Director Don Adams reported the County is updating the Sub-division Ordinance in hopes to simplify the process. COLD SPRING - Mayor Brigetta Klemek reported bids will be let in February on the MNDOT Highway 23 project. Administrator Larry Lahr added the City is approving an adult use ordinance, I constructing two water towers (with a 1.3 million-dollar Federal Grant), and establishing a Revolving Loan Fund. ST. MARTIN - Mayor Jim Rothstein reported the City needs to get a zoning ordinance. They t:lave I eight homes being constructed. ST. JOSEPH - Mayor Larry Hoesch reported they are completing 5 million dollars in projects, are working on the NPDES storm water permit, updated the comprehensive plan, and built 57 new homes last year. el I . I I EDEN VALLEY - Administrator Mona Haag reported they are updating their zoning ordinance and .e working on a Sub-division ordinance. A 60 home development is being constructed along with a lot of other projects. !, HOLDING FORD- f\1ayor Ernie Schmittreported they are updating the lift station and the new city hall roof leaks (only 12 years old). I STEARNS qOUNTY¡- Commissioner Don Otte reported they are seeing the ripples due to cuts from the State, .... criminals i are being sent baok from State prisons. SAUK CENTRE - Mayor Paul Theisen reported they are building a new City Hall/Fire Hall financed through Stearns Couhty HRA,. The Correctional Faci}itylookslike itwill develqp. , I MELROSE - Admini$trator Rose Annlnderrieden reported they are finishing the CSAH 13 project, S¡:1uk River Park Improvements are scheduled, WWTP Plan is finished with construction to occur in: 200~ (e~pected cost is 3.3 million). They are updating their zoning and sub-division ordinance, andi I they are also looking]attheir electric system (long range plans). ' . I I NEXT MEETING -5~20/03 - Stearl1s'County 1 0/21/03 - S1. Martin I 1Î20/04,-,Cold Spring ,I, ' ' ADJOi:JRNMENT - Motion by Member Brigetta Klemek, second by Member Rose Ann Inderrieden, ,to I adjourn the meeting at 9:38p.m. Motion carried unanimously. ' . ! I ! . d . I Submltte . by Rena VYeber I ! 1 ! I Ie I I I I I I, I I I I I I I I I i ! I ! I i I. i I I I 1 I I , i I I i I I- I . I BY ~LAWS I STEARNS COUNTY MUNICIPAL LEAGUE e' I SECTION I. NAME: The name of this organization shall be the Stearns County Municipal League.' I SECTION II. PURPOSE: The purpose of the organization shall be to facilitate greater cooperation among the I members and provide united support on issues of common concern before the various political division and governmental officials concerned, or involved, including the Congress of the United States, the Minnesota Legislature, the Leaque of Minnesota Cities, the Stearns County Board of Commissioners, and agencies of each of them. I SECTION III. MEMBERSHIP: Membership shall be open to Stearns County Board of Commissioners. and all cities I in Stearns County, Minnesota. All of the Commissioners. Mayors and members of City Councils shall sit as members, but voting shall·beby unit rule, each city haying one vote. SECTION IV. DUES: I Membership dues shall be $25.00 per year per Member City and County, payable at the annual meeting. A change in dues or additional assessments may be made by a I majorityvote of the membership at any regular meeting, providing notice of the proposal shall have been sent to the member cities/county ten (10) days prior to the meeting. SECTION V. OFFICERS & ELECTIONS: el A chair, vice chair, secretary, and treasurer shall be elected at the annual meeting. SECTION VI. MEETINGS: I The annual meeting will be held the third Tuesday of January at 8:00 P.M., weather permitting, otherwise the third Tuesday of February. Other meetings will be held on the third Tuesday in May and October at 8:00 P.M. or at the call of the Chair as the need arises. I The meeting place will be as selected at the previous meeting or by the Chair for a special meeting. SECTION VII..PARlIAMENTARY AUTHORITY: ·1 Robert's Rules of Order, as amended. Adopted as revised by-laws this 20th day of May, 2003, at the meeting held at the Stearns I County - Warner Lake Park Pavilion - S1. Cloud. , ' I VINCE SCHAEFER VERENA M. WEBER-CMC CHAIR SECRETARY I I el I .