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Home My WebLink About2004 [11] Nov 18 {Book 32} CITY OF ST. JOSEPH . www.cityofstjoseph.com St. Joseph City Council November 18, 2004 7:00 PM Administrdtor 1. Call to Order Judy Weyrens 2. Approve Agenda MdYor , LðITY j. Hosch 3. ConsentAgenda a. Minutes - Requested Action: Approve the minutes of November 4, 2004 b. Bills Payable - Requested Action: Approve Check Numbers 34961 - 35048 Councilors c. Development Plan - Requested Action: Accept the findings of the Planning AI Rðssier Commission and deny the Development Plan of David Puchalla, 32 _ 2nd Ross'Rieke Avenue NW. Gdry Utsch d. Grant Contract - Requested Action: Authorize the Mayor and Administrator to execute the grant agreement between the MN DNR and City of St. Joseph Odic Wick accepting the matching funding in the amount of $ 200.00. The funding will be used for Hydrant Adapter fittings. e. Stearns Cooperative Donation - Requested Action: Accept the $ 600.00 donation from Stearns Electric Association f. Interim Use Permit - Requested Action: Accept the recommendation of the . Planning Commission and extend the Interim Use Permit allowing an owner occupied rental uniUor Brandon Kappes, 32 _1st Avenue SE. g. Capital Purchase - Requested Action: Replace the existing play equipment at Hollow Park Tot for a cost not to exceed $ 10,000 of which $ 5,000 is donated. 4. Public Comments to the Agenda 5. 7:05 PM - Noise Violation, Ask Management, 446 _1st Avenue NE 6. 7:15 PM - The Partnership, Tom Moore, Presentation for Membership 7. City Engineer Reports 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Appointment of AFSCME Negotiating Committee b. . 2.) College Avenue North DO Box 668 . Saint. Joseph. Minnesotð )6,74 Phone , 2. 0 . ,6 , . 7 2. 0 I Fd X ,2.0.,6,.0,42. NOTES TO THE COUNCiL............ . LELS Contract The date for arbitration has been set for December 22, 2004 at Tom's Office. AFSCME Contract The City has received the intent to bargain the AFSCME contract. The Council should establish two members from the Council to meet. I will add this under Administrator Reports Election Letter Enclosed in your packet is a letter from Tom Jovanovich regarding the recent election and if St. Joseph can change the date of the election. The letter was intended as information only and provides information on the election laws. This letter can be shared with constituents if you receive any questions or concerns. Maintenance Building Tom's office is still working on the warranty issues and the City is waiting for the engineering details of the panels. The City is maintaining their position with the bond company until the matter is resolved. 2005 Projects The City Engineer's Offìce will be conducting an open house for both the 295th project andCloverdale project. Conducting an open house atmosphere for improvements appeared to be very successful and we plan on continuing this process. Tonight, November 15 Joe and Tracy will be meeting with the residents along 95th17th Avenue to discuss the proposed improvement. On Monday, November 22, Joe and Tracy will have a follow up meeting with the residents along 205th and 1 03rd. The one complaint we heard after the open house was that they had to wait so . long to meet with the Engineers. Therefore, we mailed notice last week and asked anyone wishing to attend to call and schedule a meeting time. Each resident is scheduled for 15 minutes. For those of you present, a complaint was also received regarding the notification. This time we mailed the notices at least two weeks prior to the first open house. . · ST. JOSEfIH CITY COUNCIL NOVEMBER 18, 2004 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS ---- _~Ð ~ &)( ((j 'U :s-k C~\O £S&~a. I. '~ð~t AhaJP-e.- 2. 1iJJ\t,)-J C(Þvt~~ t 00 ~ð-tÁ. ~~ Av~ #=-7 3. .~~~~ r~b ~ 1/[)0 4. S3ü ~)ì< t (60 5. ¥;{L ~/!/\ S-:JI/ /!nIX. Ç>hZ(Ç) 6. ÛV0'Atk/ZjOV'l, . 3} ~L tY<¥- 1('-17 7. -:Sd~/;~ JaL~Ú~ 8. ,_k. · 9. ~~~ 10. II. OJ1fdt¿tm '-- --~-, /23 Jt2J~ J.;¿ (fIj~k 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. · CITY OF ST JOSEPH 11/15/042:31 PM Page 1 Bills Payable - Revised ek Nbr Search Name Comments Amount FUND DEPART OBJ 034962 KUECHLE UNDERGROUND INC. Final pay #7 Sewer $3,889.61 425 49490 530 034963 RANDY KRAMER EXCAVATING Pay #2 2004 16th $33,515.49 430 49451 530 034964 EFTPS Medicare Tax $771.56 101 034964 EFTPS FICA Tax $1,862.60 101 034964 EFTPS Federal W/H Tax $2,441.56 101 034965 COMMISSIONER OF REVENUE State W/H $1,081.31 101 034966 PERA retirement pay $3,471.62 101 034967 ING LIFE INS & ANNUITY COMPANY deferred comp pay $75.00 101 034968 A-1 TOILET RENTAL Rent for portibles $63.90 490 45203 531 034969 ACCOUNTEMPS accting serv 10/29 $1,020.00 101 41530 300 034969 ACCOUNTEMPS 11/05 Wk end Vali $1,020.00 101 41530 300 034970 ALEX AIR APPARATUS, INC Air Compresser Re $667.76105 42220 220 034971 ALL CARE TOWING '00 Silverado $126.73 101 42152 220 034972 ANDERSON, CAROL 11/2 Elect 15. Hrs $135.00 101 41410 300 03497:3 AUTO VALUE PARTS STORES - WEST sockets 2 sets $19.85 601 49440 210 034973 AUTO VALUE PARTS STORES - WEST Tran Fluid, Oil Filte $56.27 1 01 43125 210 034973 AUTO VALUE PARTS STORES - WEST "94 Chevy trk $13.82 601 49440 210 034974 BATTERIES PLUS Pgr batteries $17.10105 42250 230 034975 BLUE CROSS BLUE SHIELD MN Health Ins $7,350.00 101 034976 BOULETTE-CLAIRE SHARON 11/2 Elect 17 hrs $153.00 101 41410 300 034977 BROWNING-FERRIS INDUSTRIES Refuse Disposal $242.87 101 45202 384 034977 BROWNING-FERRIS INDUSTRIES Residental pick-up $9,557.75 603 43230 384 034977 BROWNING-FERRIS INDUSTRIES Refuse Disposal $53.73 101 45202 384 034977 BROWNING-FERRIS INDUSTRIES Refuse Disposal $53.73 602 49490 384 034978 CELLULAR 2000 cell phone $759.38 101 42151 321 034978 CELLULAR 2000 cell phone $151.75603 43230 321 .8 CELLULAR 2000 cell phone $151.75602 49490 321 8 CELLULAR 2000 cell phone $0.00 101 45202 321 8 CELLULAR 2000 cell phone $146.37 101 41430 321 034978 CELLULAR 2000 cell phone $151.75 101 43120 321 034979 CENTRAL MCGOWAN Hihg Pressure Cyl $2.34 101 45201 220 034980 CENTRAL MINN TRAINING ASSOC. Dues for 3 Officers $450.00 101 42120 433 034981 CITY OF ST. CLOUD cell phone $0.00 101 41430 321 034981 CITY OF ST. CLOUD cell phone $0.00 101 45202 321 034981 CITY OF ST. CLOUD cell phone $0.00 101 43120 321 034981 CITY OF ST. CLOUD Sewer Rental Oct $14,620.99 602 49480 419 034981 CITY OF ST. CLOUD cell phone $0.00 602 49490 321 034982 DAMBOWY, ROSELLA 11/2 Elect 19.5 hrs $175.50 101 41410 300 034983 DEUHS, DEEQRA 11/2 Elec 9.5 hrs $85.50 101 41410 300 034984 ELFERING, BILL 11/2 Elect 15.25 hr $137.25 101 41410 300 034985 GALL'S INC Jean Gustin Credit -$42.96 101 42120 171 034985 GALL'S INC Dwight Pfannenstei $196.99 101 42120 171 034986 GANDER MOUNTAIN Targets $62.76 101 42120 210 034987 GAPKO, LEONA 11/2 Elect 15.75 hr $141.75 101 41410 300 034988 GATR OF SAUK RAPIDS Brake Cable Snos $28.95 101 43125 210 034989 GILLlTZER, ADELINE 11/2 Elect 19.5 hrs $175.50 101 41410 300 034990 GOERGER, JOSH 11/2 Elect 16.5 hrs $148.50 101 41410 300 034991 HAZEN, STEPHANIE 11/2 Elect 15 hrs $135.00 101 41410 300 034992 HONER SUPPLY COMPANY Air Compressor 50' $195.96 101 45202 210 034993 IMHOL TE, ELAINE 11/2 Elect 8 hrs $72.00 101 41410 300 034994 JM GRAYSTONE OIL CO., INC gas $211.35 101 45202 210 034994 JM GRAYSTONE OIL CO., INC gas $100.83 105 42220 210 034994 JM GRAYSTONE OIL CO., INC gas $211.35 101 43120 210 034994 JM GRAYSTONE OIL CO., INC gas $211.35 602 49450 210 034994 JM GRAYSTONE OIL CO., INC gas $211.35 601 49440 210 034995 JOHNSON, DORIS 11/2 Elect 15.75 hr $141.75101 41410 300 034996 KLN DISTRIBUTING, INC computer rental $75.00 101 43120 410 . KLN DISTRIBUTING, INC computer rental $75.00 101 43120 410 KLN DISTRIBUTING, INC software $246.68 101 41430 582 03 96 KLN DISTRIBUTING, INC software $246.68 101 42120 582 034996 KLN DISTRIBUTING, INC software $210.87 490 42120 581 034997 LEAGUE OF MN CITIES-VENDOR LMC Bulletin-Str D $65.00 101 43120 433 CITY OF ST JOSEPH 11/15/042:31 PM Page 2 Bills Payable - Revised Check · Nbr Search Name Comments Amount FUND DEPART OBJ 034997 LEAGUE OF MN CITIES-VENDOR LMC bulletin-Wwa $65.00 602 49490 433 034998 LEE'S ACE HARDWARE repair supplies $4.78105 42210 220 034998 LEE'S ACE HARDWARE repair supplies $27.78 602 49450 220 034998 LEE'S ACE HARDWARE repair supplies $24.50 101 41942 210 034998 LEE'S ACE HARDWARE repair supplies $57.25 101 43120 220 034998 LEE'S ACE HARDWARE repair supplies $145.20 601 49440 220 034998 LEE'S ACE HARDWARE repair supplies $1.91 101 42120 220 034998 LEE'S ACE HARDWARE repair supplies $19.44 101 45201 220 034998 LEE'S ACE HARDWARE repair supplies $6.31 101 45202 220 034999 LESNICK, MARGE 11/2 Elec 15 hrs $135.00 101 41410 300 035000 LESNICK, OLLIE Conf/Fergus Falls/ $145.95 101 41550 331 035001 MELROSE MOTOR, INC. #88 Plow Truck Ne $135.51 101 43125 210 035002 METRO FIRE Class A Foam $118.00105 42220 585 035003 METRO PLUMBING & HEATING Old Cty Hall $206.24 101 41942 220 035003 METRO PLUMBING & HEATING Old Fire Hall $689.00 105 42280 220 035004 MEYER, ROMAN 11/2 Elect 18 hrs $162.00101 41410 300 035005 MID AMERICA METER, INC Wa mtr-Mark Lamp $460.55 601 49430 220 035006 MIDWEST RADAR & EQUIPMENT Radar Certs $180.00 101 42152 210 035007 MIES EQUIPMENT Filters Lrg Snowblo $111.81 101 43125 210 035008 MINNESOTA ELEVATOR, INC service $74.56 101 41942 220 035009 MINNESOTA PLANNING Northland Hgth An $100.00 101 41910 431 035010 MINNESOTA TRAVEL MANAGEMENT Unit 4182 $553.04 101 42152 414 035010 MINNESOTA TRAVEL MANAGEMENT Unit 4783 $897.45 101 42152 414 035010 MINNESOTA TRAVEL MANAGEMENT Unit 5244 $581.28 101 42152 414 035010 MINNESOTA TRAVEL MANAGEMENT Unit 4448 $835.76 101 42152 414 035011 MOENING, MARY KAY 11/2 Elect 16.5 hrs $148.50 101 41410 300 035012 MOTOROLA Pgr 646xwu28jn $79.01 105 42250 230 · 035012 MOTOROLA Pgr MD5XWE2347 $79.01 105 42250 230 035012 MOTOROLA Pgr R46BNQ1005 $79.01 105 42250 230 035013 MUNICIPAL DEVELOPMENT CORP 32.25 HRS EDA $2,135.64 150 46500 300 035014 OFFICE DEPOT Office supplies $9.33 101 42120 200 035015 ONE CALL CONCEPTS, INC notification- $59.80 602 49490 319 035015 ONE CALL CONCEPTS, INC notification- $59.80 601 49440 319 035016 PFANNENSTEIN, JAN 11/2 Elect 15 hrs $135.00101 41410 300 035017 PHILIPPI PLUMBING/HEATING LLC Repair Umial Com $72.00 101 41941 220 035018 PITNEY BOWES postage $205.00 601 49440 322 035019 POLAR MAZDA '05 Chev Truck $11,097.10601 49440 580 035019 POLAR MAZDA '05 Chev Truck $11,097.11 490 43120 580 035020 PRECISE REFRIGERATION INC Furance ReplWast $472.74 601 49430 210 035021 PRYZBILLA, MARIE 11/2 Elect 16.5 hrs $148.50 101 41410 300 035022 R. L. LARSON EXCAVATING, INC Final Pay #7 2002 $67,542.07 425 49490 530 035023 RAJKOWSKI HANSMEIER L TO Criminal matters $2,843.00 101 42120 304 035023 RAJKOWSKI HANSMEIER L TO WJE prefab wall p $378.15 101 42401 304 035023 RAJKOWSKI HANSMEIER L TO Puchalla $40.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Kaeter Dev $80.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Annexation $143.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Momingside/Sand $130.00101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Arcon Oev $11.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Madison Park $90.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO 2000 Chevy Silvera $70.00 101 42120 304 035023 RAJKOWSKI HANSMEIER L TO Foxmore Hollow $10.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Legal general $539.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO '93 Chevy(Nathan) $10.00 101 42120 304 035023 RAJKOWSKI HANSMEIER L TO Bldg Maint $217.50 101 42401 304 035023 RAJKOWSKI HANSMEIER L TO Legal Fees well tes $66.00 601 49420 312 035023 RAJKOWSKI HANSMEIER L TO Shingobee $40.00 101 41610 304 035023 RAJKOWSKI HANSMEIER L TO Arbitration $355.00 101 42120 304 035024 ROJ SPECIALTIES, INC Pencil-Emerg 911 $208.41 101 42120 200 · 035025 REBER, JANE 11/2 Elect 19.5 hrs $175.50 101 41410 300 035026 RENGEL PRINTING Letterhead $54.53 101 41430 200 035027 SADLO, DOROTHY 11/2 Elect 19.5 hrs $175.50 101 41410 300 035028 SCHLOEMER; BARB 11/2 Elect 15.75 hr $141.75101 41410 300 CITY OF ST JOSEPH 11/15/042:31 PM Page 3 Bills Payable - Revised ek Nbr Search Name Comments Amount FUND DEPART OBJ 035029 SCHNEIDER, GLADYS 11/2 Elect 16.5 hrs $148.50 101 41410 300 035030 SCHUH, JOHN 11/2 Elect 18 hrs $162.00 101 41410 300 035031 SMITH & LOVELESS INC Filters & Bowl Assy $395.24 602 49480 210 035032 SPEEDY PRINT Receipt Bks $220.46 101 41530 200 035033 ST. CLOUD HOSPITAL Hep B Vac-J Prom $75.00 105 42210 305 035034 ST. CLOUD TIMES Election Ads $874.71 101 41410 340 035035 ST. JOE TOUCHLESS CAR WASH car wash/police $21.30 101 42120 210 035036 ST. JOSEPH FIRE RELIEF ASSN Pension State Aid $44,799.00 105 42220 448 035037 STEARNS COUNTY RECORDER Rec Fee Buettner $19.50 101 41910 431 035037 STEARNS COUNTY RECORDER Buettner Bus Park $15.00 101 41910 431 035038 SUNSET MFG CO., INC. Fittings for hydrant $65.50,601 49430 220 035039 TAU FEN, DICK Wa sample postag $5.93 601 49420 322 035039 TAU FEN, DICK Meals for Truck pic $16.00 101 43120 331 035039 TAUFEN, DICK Gas for New Truck $36.30 101 43120 210 035040 TAU FEN, ROSIE 11/2 Elect 15.75 hr $141.75 101 41410 300 035041 TOS METROCOM telephone $42.90 101 41946 321 035041 TDS METROCOM telephone $86.68 602 49490 321 035041· TOS METROCOM telephone $42.90 101 41941 321 035041 TDS METROCOM telephone $273.16 101 42151 321 035041 TDS METROCOM telephone $180.95 101 45201 321 035041 TDS METRO COM telephone $32.70150 46500 321 035041 TDS METROCOM telephone $95.94 602 49470 321 035041 TDS METROCOM telephone $43.53 601 49440 321 035041 TDS METROCOM telephone $198.46 101 41430 321 035041 TDS METROCOM telephone $87.99 105 42250 321 035041 TDS METRO COM telephone $42.90 602 49471 321 111 TDS METROCOM telephone $45.35 602 49472 321 1 TDS METROCOM telephone $45.35 602 49473 321 2 TIREMAXX SERVICE CENTERS Rpr Evap Canister $64.00 101 42152 220 035042 TIREMAXX SERVICE CENTERS '84 Chevy Trk-Polic $618.86 101 42152 220 035042 TIREMAXX SERVICE CENTERS Tires '86 Chev $65.68 101 43120 220 035042 TIREMAXX SERVICE CENTERS Tires '86 Chev $65.68 101 45202 220 035042 TIREMAXX SERVICE CENTERS Tires '86 Chev $65.68 601 49440 220 035043 TRAUT WELLS Wa tst sam #2891 $35.00 601 49420 312 035044 TRINKLlEN, CAROLINE 11/2 Elect 7 hrs $63.00 101 41410 300 035045 US CABLE internet services $50.55 101 43120 321 035045 US CABLE Internet $40.55 105 42250 321 035046 WEIMAN, TAMMY 11/2 Elect 16.75 hr $150.75 101 41410 300 035047 WERNER ELECTRIC SUPPLY Flor Bulbs/cable tie $201.31 602 49480 220 035047 WERNER ELECTRIC SUPPLY Flor Bulbs/cable tie $201.31 101 45202 220 035048 XCEL ENERGY utilities $70.16 602 49470 381 035048 XCEL ENERGY utilities $373.53 105 42280 383 035048 XCEL ENERGY utilities $140.42 601 49435 381 035048 XCEL ENERGY utilities $149.91 601 49410 383 035048 XCEL ENERGY utilities $321.36 602 49480 381 035048 XCEL ENERGY utilities $14.91 602 49471 383 035048 XCEL ENERGY utilities $6.28 101 42500 326 035048 XCEL ENERGY utilities $102.68 101 41942 383 035048 XCEL ENERGY utilties $24.12 101 42610 386 035048 XCEL ENERGY utilities $1,832.60 101 43160 386 035048 XCEL ENERGY utilities $114.88 101 45202 381 035048 XCEL ENERGY utilities $26.07 101 45123 383 035048 XCEL ENERGY utilities $221.19 101 41941 381 035048 XCEL ENERGY utilities $258.06 601 49420 381 035048 XCEL ENERGY utilities $503.88 101 41942 381 035048 XCEL ENERGY utilities $746.76 601 49410 381 035048 XCEL ENERGY utilities $52.50 101 45201 381 ~ XCELENERGY utilities $24.12 101 43120 381 XCELENERGY utilities $21.23 101 41946 381 03 48 XCEL ENERGY utilities $35.11 101 45201 383 035048 XCEL ENERGY utilities $52.67 101 43120 383 035048 XCEL ENERGY utilities $5.53 601 49420 383 CITY OF ST JOSEPH 11/15/04 2:31 ptv Page 4 Bills Payable· Revised Check . Nbr Search Name Comments Amount FUND DEPART OBJ 035048 XCEL ENERGY utilities $16.57 101 41941 383 $247,502.69 . . Draft November 4, 2004 Page 1 of 6 · Pursuant to due call and notice thereof, the City CouncilJor the City of St. Joseph met in regular session on Thursday, November 4,2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. Others Present: City Engineer(s) Joe Bettendorf, Tracy Ekola, Nick Yakisch, Richard Carlbom, Scott Ronglien, Kiersten Cjerstad Approve Aqenda: Wick made a motion to approve the agenda with the following changes; seconded by Rassier and passed unanimously. Add 4.5 Outdoor Liquor Permit, Lighthouse Consent Aqenda: Rassier made a motion to approve the consent agenda as followed; seconded by Wick and passed unanimously. a. Minutes - Approve minutes of September 9 and October 21, 2004 b. Bills Payable - Approve check numbers 34906 - 34960 c. Contract Payment - Authorize the Mayor to execute Application for Payment #2 for the 16th Avenue SE Utility Improvement and authorize payment in the amount of $33,515.49 to Randy Kramer Excavating. d. Grant Application - Authorize the Mayor and Administrator to execute the grant agreement between the Minnesota Department of Natural Resources and the City of St. Joseph. e. Contract Payment - Authorize the Mayor to execute the Final Payment Application for the 2002 SE Utility Improvement and authorize payment in the amount of $3,889.61 to · Kuechle Underground. Public Comments to the Aqenda: No one present wished to speak. Outdoor Liquor Permit: Weyrens stated that the Lighthouse has requested an outdoor liquor permit for an event to be held on November 9,2004 between the hours of 5 - 10 PM. The application has been reviewed by the Police Chief, who has approved the license request contingent upon providing security to monitor alcohol sales and consumption. Lighthouse owner Nick Yakisch approached the Council on his own behalf. Yakisch stated that the Lighthouse in conjunction with WILD 99 (local radio station) are sponsoring an event to coincide with the Country Music Awards. . Originally, there would have been enough seating inside to accommodate everyone at the event. However, WILD 99 has invited 1,100 people and that is too many for the size of the building. Therefore, a tent will be erected on the north side of the building with access to the tent from the building. Rassier questioned whether or not there would be alcohol being served in the tent outside. Yakisch stated that 3.2 beer will be available and he will provide security to monitor the alcohol sales and consumption. Rassier made a motion to approve the Outdoor Liquor Permit for the Lighthouse for an event to be held on November 9, 2004 as recommended by the Police Chief. The motion was seconded by Utsch. Ayes: Hosch, Utsch, Rassier, Wick Nays: None Abstain: Rieke Motion Carried 4:0:1 Election Canvas: Weyrens presented the Council with the following results of the November 2, 2004 City Election: · Draft November 4, 2004 Page 2 of 6 Pl P2 P3 TOTAL · MAYOR GARY UTSCH 188 917 237 1342 RICHARD CARLBO~1 170 669 766 1605 WRITE·IN 4 4 3 11 OVERVOTE 0 0 0 0 UNDERVOTE 25 122 155 302 387 1712 1161 3260 COUNCIL AL RASSIER 182 901 337 1420 STEPHEN FRANK 159 566 352 1077 HERMAN GANGL 88 381 187 656 RENEE SYMANIETZ 131 650 464 1245 WRITE· IN 4 13 5 22 OVERVOTE 0 0 0 0 UNDERVOTE 210 913 977 2100 774 3424 2322 6520 CITY QUESTION ONE - Regional Transportation Projects YES 225 882 678 1785 NO 102 592 228 922 OVERVOTE 0 0 0 0 · UNDERVOTE 60 238 255 553 387 1712 1161 3260 CITY QUESTION TWO - Regional Community Facilities YES 238 989 787 2014 NO 105 553 142 800 WRITE-IN 0 0 OVERVOTE 0 0 0 0 UNDERVOTE 44 170 232 446 387 1712 1161 3260 CITY QUESTION THREE - Regional Parks and Trail System YES 241 985 775 2001 NO 99 550 158 807 WRITE·IN 0 0 0 OVERVOTE 0 0 0 0 UNDERVOTE 47 177 228 452 387 1712 1161 3260 Wick made a motion accepting the Election results of November 2, 2004 as presented, declaring Richard Carlbom as Mayor Elect and AI Rassier and Renee Symanientz as Councilors Elect. The motion was seconded by Rassier and passed unanimously. Public Hearinq - Final Assessments - 16th Avenue SE: Mayor Hosch opened the public hearing and · stated the purpose of the hearing is to consider and adopt the Final Assessment roll for the 16tn Avenue Draft November 4, 2004 Page 3 of 6 . Utility Improvements. Hosch turned the floor over to the City Engineer Joe Bettendorf. ' Bettendorf stated that there are four properties involved in the, proposed assessment and the project is a result of two property owners requesting sewer service due to collapsing septic systems. When the City Council authorized the improvements, the property owners signed an agreement waiving their rights to the statutory process. The final assessment per lot is $ 19,779.33 which will be payable over a 15 year period at an interest rate of 6%. As this was a Public Hearing, Mayor Hosch opened the floor to the Public. No one present wished to speak and the hearing was closed. Rassier made a motion to approve resolution 2004-28 and adopt the final assessment roll for 16th Avenue NE. The motion was seconded by Wick and passed unanimously. Public Hearinq - Final Assessments - Northland Plat 8: Mayor Hosch opened the public hearing and stated the purpose of the hearing is to consider and adopt the final assessment roll for the Northland 8 Utility Improvements. Hosch turned the floor over to the City Engineer Joe Bettendorf. Bettendorf stated that Northland Plat 8 is being developed by Lumber One Avon who waived their rights to the statutory assessment process when executing the Development Agreement. The final assessment per lot is $ 19,200 which will be payable over a five year period at an interest rate of 6%. /As this was a Public Hearing, Mayor Hosch opened the floor to the Public. No one present wished to speak and the hearing was closed. Rassier made a motion to approve resolution 2004-27 and adopt the final assessment roll for Northland Plat 8. The motion was seconded by Wick and passed unanimously. . CITY ENGINEER REPORTS Water Filtration Site Location: Bettendorf stated that he along with City Staff have been working on finding a site for the new water filtration plant. Originally, it was intended to place the facility in the development known as Gateway Commons. However, based on the price of the land and the desire to not utilize valuable commercial property for City purpose, alternative sites are being considered. Bettendorf stated that in reviewing alternative sites a potential site has been identified on the south side of County Road 2. In reviewing hydrology reports the area adjacent to County Road 2 would be the best potential for high yield wells. The State of Minnesota also has a piece of surplus property along County Road 2 that may be an option. That piece of property would allow more room for the facility. Once it has been determined that the quantity and quality of the water is sufficient, land negotiations can begin. By moving the facility further west than originally intended the City will incur additional costs in pipe extension. However, the additional costs of adding piping would still be less costly than purchasing the original property in the gateway complex, and as a result, that property could be developed commercially. Bettendorf further stated that they have not yet talked with the Township regarding Orderly Annexation in that area. Rassier questioned if the City can construct a facility in the Township. Weyrens stated that she has previously contacted the St. Joseph Township Clerk notifying her that the City is seeking land alternatives for a water filtration facility and that it may be located in St. Joseph Township. East Transportation Corridor: Bettendorf stated that he attended a meeting with representatives from St. Joseph (City and Township), Waite Park and the St. Cloud Area Planning Organization. The purpose of the meeting was to discuss the proposed development along State Highway 23 and the impact to the affected parties of the E/W route of the 33rd Street Corridor. Due to the request for development, it may be necessary to begin a corridor study for the East Transportation network so that development does not preclude local transportation planning. . Draft November 4,2004 Page 4 of 6 Proposed 2005 Street/Utility Improvements: Bettendorf stated that there is one phase of street . reconstruction that has yet to be designed. The section includes an area east of College Avenue between 1st Avenue NE and 3rd Avenue NE. Due to the already planned 2005 construction projects, Bettendorf recommends waiting to construct the final section until 2006. If the Council wishes, the project could be planned and designed in 2005, conducting the required hearings so that it would be ready for construction in the Spring of 2006. Hosch questioned that status of the collapsing Hollow Park Storm Sewer and if the Council should be considering repair in 2005. Bettendorf responded that he doesn't see it as a crisis and that we can wait a year to do the improvements. Northern Bypass - Advance fundinq of Transportation Study: Bettendorf stated that currently there are two studies being done: . Stearns County is doing a study regarding the connection of County Road 3 connecting with Westwood Parkway on the north side near Rolling Ridge Road. . St. Joseph is studying the realignment of County Road 2 with County Road 75. According to Bettendorf, the APO has combined the two projects and would like the City to take control of them. He also stated that due to other State projects not going through, MNDot has funding available to complete the projects at this time. Bettendorf stated that he and his staff are working on the project memorandum and plan to have the costs finished by January and ready for Council approval shortly thereafter. Hosch questioned whether or not the South Corridor Study could be delayed having all the studies done at one time. Bettendorf stated that it would be best to talk to the consultants since they have already started their work. It may be best to keep going with the current project. He also stated that they will need to do an RFP again for the North and West Corridor Studies. Wick questioned whether or not there are . funds to start this project early. According to Weyrens, funds could be moved to allow for the project to be started early. St. Wendel Utility Extension: Bettendorf stated that he and his staff have completed preparing the estimates and design to extend services to the St. Wendel area known as Pleasant Acres. The next step is to review the proposed costs and assure that the proposed improvement cost is fair and equitable. Bettendorf presented the following process and timetable to continue the process: 1. City Engineer, Attorney and Administrator meet to review the proposed costs and expansion. (November) 2. The City Engineer, Attorney and Administrator meet with the remaining department heads to present and discuss the plan. (December) 3. The City Financial consultant prepares proposed financing alternatives. (January) 4. The City Council is presented the data collected and decision must be made whether or not to approach St. Wendel Township. (January) MAYOR REPORTS Fire Board Meetinq: Hosch stated that he attended the Fire Board meeting and the following items were discussed: · FEMA Grant - The City has not received an award notice, but we have received a request for additional information. Typically when additional information is requested, a reward notice is received shortly thereafter. The grant will cover 90% of the cost of new pagers, which is an essential need at this time. For a recent fire call 12 pagers failed to activate. · Turnout Gear - The Fire Board authorized the purchase for one set of turnout gear · Saw - Currently the Fire Department only has one saw for fire fighting purposes. If the truck that it is stored in does not respond to the fire call they do not have one readily available. The cost of a saw is approximately $ 1700, which was authorized for purchase by the Fire . Board. Draft November 4, 2004 Page 5 of 6 . . Stearns County Emergency Services Director Marvin Klug has indicated that the Cities and agencies requesting participation in the 800 mhz grant have received notice of grant award. This grant was funded through Homeland Security. . The Fire Department is requesting authorization to purchase a personnel hauler to be used for training and transporting fire fighters to incidents. The Fire Board authorized the Fire Chief to research this matter further, reporting back to the Fire Board in February 2005. Community Fire Hall Rent/Deposit Fee: Hosch also stated that the Fire Board is looking at raising the fees for the Fire Hall rentals due to abuse. They are recommending that the rental fee be raised from $50 to $75 and the security deposit be raised from $100 to $200. Rassier stated that before the fees are raised, he would like to make sure that the current fees are not sufficient to cover the costs. Rassier stated that he wants to assure that the public will be able to continue to utilize the community room. Wick questioned if it is feasible to increase only the damage deposit? Weyrensstated that the Fire Board did consider such, but decided to keep the fees consistent with other facilities. Since both the City and Township jointly own the facility, both boards must act on this issue before it can become effective. Utsch recommended, and the Council agreed, to discuss this matter further when the City and Township meet jointly on November 23, 2004. COUNCIL REPORTS RIEKE EDA: Rieke stated that the next EDA meeting will be on November 17, 2004. Rieke further stated that the St. Cloud Economic Partnership is soliciting membership and stated that it is his understanding that they will be making a presentation to the City Council. . RASSIER Meetinqs: Rassier stated that he attenâed the Stearns County Municipal League meeting and found it to be very informational. He also urged the other Council members to attend some of the League meetings as other Cities are experiencing the same growth issues as St.Joseph. WICK LCH Executive Board: Wick stated that he attended a meeting for Hosch regarding the Affordable Housing Task Force. The area Cities agreed to renew the financial service contract with the United Way. UTSCH - No Report ADMINISTRATOR REPORTS Annexation Request: Weyrens presented the Council with an annexation request from Lumber One Avon. Lumber One is requesting annexation of approximately 54 acres to begin a housing development which will be entitled Northland Heights. Lumber One has already approached St. Joseph Township for detachment. St. Joseph Township has agreed to detachment, signing the Resolution for Orderly Annexation. Weyrens stated that the property being annexed will be classified as Agricultural, the same as it is designated in St. Joseph Township. The Council requested that the word "Agricultural" be added to the resolution avoiding possible confusion at a later time. Wick made a motion authorizing the Mayor and Administrator to execute the Resolution for Orderly Annexation, authoring the annexation of the area to be known as Northland Heights. The Resolution will include the verbiage that the property will be zoned as Agricultural, the same zoning classification as it is zoned in St. Joseph Township. The motion was seconded by Rassier and passed unanimously_ . Draft November 4,2004 Page 6 of 6 Communitv SiQn: Weyrens stated that the City currently owns the Community Sign located on the corner . of CR 75 and College Avenue. The sign has not been working properly and is also in need of updating. For these reasons the sign is underutilized. The City has been approached by an individual who is willing to assume the sign and continue the use as a community sign. The City does not have a need for the property or sign and Weyrens stated that she is working with the City Attorney to determine the best method for disposing of the surplus property. As information is available it will be forwarded to the City Council. MeetinQs: Weyrens reminded the Council of the following meetings: · Intergovernmental meeting is being held in St. Joseph. Weyrens stated that she is working on finding a place and that we will get invitations out soon. It will be on November 30th beginning with dinner at 5:30 PM and the meeting at 6:00 PM. · Truth and Taxation meeting will be held on November 29th at 7:00 PM · Joint meeting with St. Joseph Township has been scheduled for November 23, 2004 at 7:00 PM at the St. Joseph Community Fire Hall. Adjourn: Rassier made a motion to adjourn at 7:55; seconded by Wick and passed unanimously. Judy Weyrens Administrator . . . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Consent 3 (c) Development Plan - David Puchalla DATE: November 19,2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Development Plan - Accept the findings of the Planning Commission and deny the Development Plan of David Puchalla, 32 - 2nd Avenue NW. PREVIOUS ACTION The Planning Commission considered this matter on November 8, 2004 and based on the number of . variances that would be required to construct the R3 facility, denied the Development request. The Planning Commission did encourage the property owner to revise the plan that more closely meets the Zoning regulations. See draft minutes following this page. RECOMMENDED COUNCIL ACTION Deny the development plan as submitted by David Puchalla FISCAL IMPACT None. COMMENTS/RECOMMENDATIONS Due to the 60 day land use regulations, the City Council is being asked to consider the development plan ofPuchalla. The Planning Commission is an advisory board and the Council must ratifY any fonnal action. The City is responsible for notifying the applicant of the denial and the fact of findings supporting the denial. Please find to follow the fact of finding. . RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA DENYING THE . DEVELOPMENT REQUEST OF DAVID PUCHALLA TO CONSTRUCT AN R3 FACILITY WHEREAS, the Planning Commission on November 8, 2004 considered the development request of David Puchalla, 32 - 2nd Avenue NW, to construct a two story apartment facility with four bedrooms in each unit; and WHEREAS, the Planning Commission reviewed the comments from City Staff including a summary Code Compliance report, where it was noted that 10 variances would be required for the facility to be granted. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the Development request: Finding A: Consistency with the St. Joseph Code of Ordinances Finding: The proposed development of David Puchalla does not meet the Zoning requirements of the R3 Zoning District as stated in St. Joseph Code of Ordinances 52.29, Consideration of the Development Plan would require the granting of 10 variances. Finding B: Reconsideration of the Development Plan Finding: In reviewing the site plan the Planning Commission determined . that it is possible to construct an R3 facility on the aforementioned· property. The Planning Commission instructed Puchalla to meet with the Building Official and City Staff to review alternatives and encouraged him to submit a revised site plan, NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council deny the Development request of David Puchalla, 32 - 2nd Avenue NW to construct an R3 facility. ADOPTED this 8th day of November 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: í·~--- ~ \ , I f, '..;' " ~( ..-. ! / ,/ ('; /: /j"¿'¡'" Judy Weyrens'; Adrnl'ní~trator~ .. '~ . Extract of the Draft November 8, 2004 Planning Commission David Puchalla Development Request Page 1 of 2 · Puchalla Development Plan: Weyrens presented the Planning Commission with a development plan from David Puchalla to construct a R3 facility on the property located at 32 - 2nd Avenue NW. She stated that the proposal before the Commission at this time is the third submittal. Puchalla is proposing to construct an apartment building containing two 4-bedroom units on the property abutting the ball field. The building will be two stories with one dwelling on each level and will be used for student rental. Currently, this area is zoned R3. Weyrens stated that if this were to move forward, the Planning Commission would need to grant 10 variances. The property owner is requesting to move forward with the current plan. As numerous variances are needed a public hearing would be required. Below is a summary of the Code compliance review and a detail of the required variances: REQUIREMENT VARIANCE NEEDED Side Yard setback - 20' 9' Parking - 22 required 11 spaces Parking setback - 15' from residential uses South - 10'2" North- 11 '6" Parking Screening - Parking must be screened Nothing proposed at this time from residential uses Parking Dimensions - 26' isle required 2' Curb cut - minimum 5' from side property line 3" · Sign - must be setback 10' from property line 10' Building Exterior - mixed exterior required North and South Lot Coverage - must be 35% or less 12% Lot Dimensions - 150 feet at building setback line 84' at building setback line - 80 feet at public right of way 14' at public right of way Loso made a motion to recommend the Council deny the development plan of David Puchalla as currently submitted and allow the applicant to resubmit a revised plan that incorporates the requirements of the ordinances and eliminate the need for variances. The motion was seconded by Kalinowski. DISCUSSION Puchalla approached the Planning Commission on his own behalf and stated that he does not feel that he is in non-compliance with the Ordinances. He further stated that the City has changed the Ordinance a number of times since he has purchased the property. Therefore, it is his opinion that the proposal before the Commission is not compliant only because the City keeps changing the Ordinance. He further stated that he owns a parcel of property that is zoned R3 and he is only asking to develop the lot as such. Puchalla stated that he is only requesting to construct two, four bedroom units with a maximum occupancy of 8. In reviewing the comments of the Building Official he makes reference to 16. Weyrens clarified that the comments of the Building Official relate to the number of required parking spaces. Puchalla stated that in determining the parking spaces the number of tenants was used and he has · provided the required number of spaces. As a result, there would only be a need for 11 parking spaces rather than 22. Therefore he does not need a variance for parking. Extract of the Draft November 8, 2004 Planning Commission David Puchalla Development Request Page 2 of 2 Utsch clarified that the Ordinance states that for determining required parking, bedrooms over 140 square It feet are calculated as two bedroom units. In reviewing the plan before the Commission, all the bedrooms are over 140 square feet, therefore for parking purposes only, the proposed facility is 16 bedrooms requiring 22 parking spaces. Puchalla stated that he does not wish to reduce the size of the bedrooms. It is his opinion that students are accustomed to large bedrooms and if he does not construct what they want he will have a vacant building. Deutz disagreed with Puchalla and stated that it has been proven with the recent rental construction that students are willing to rent apartments with smaller bedrooms. They are only in the apartment for nine months of the year and it has been his experience that students prefer new facilities. Graeve questioned the bedroom sizes. He asked why the size of the bedroom affects the parking if the number of residents is controlled. Utsch stated that it is not possible to control the number of people in the units. Puchalla also questioned the lot standard variances that would be required. He stated that is lot is larger than the lot size required by ordinance. Wasmond clarified that while the parcel meets the minimum square footage, it does not meet the required width. Therefore the lot is substandard. Puchalla stated that he questioned if he could construct a single family home to which he was told no. He questioned what he should do with the property if he cannot construct an R3 facility? Loso stated that the lot may be larger than the required lot size, however the lot is not big enough for the size of the building that he is proposing. Wasmund stated that when the ordinances were written, it was not foreseen that an apartment building would be developed on a lot of that size. Due to the lot being substandard in width, the side yard setbacks cannot be met. As a result, Wasmund stated that his lot area does not comply with ordinance. Puchalla discussed the extension of utilities to his property. According to the City Engineer they need a hydrology report. Puchalla stated that he submitted that information and it should be complete. With regard to sanitary sewer, Puchalla stated the only option is to extend sewer from 2nd Avenue NW. In his opinion it is not feasible to construct the facility with a lift station. Wasmund stated that with the current elevation, running the sewer along 2nd Avenue NW would not be a possibility as there would not be . enough flow. He also stated that the hydrology and drainage reports that they submitted were incomplete and the Engineer is requesting additional information. After considerable discussion, the Planning Commission agreed that the property owner has the ability to modify the plan so that he can construct a R3 facility without the need of multiple variances. Reducing the size of the bedrooms would also reduce the required parking. This reduction would also reduce the amount of lot coverage. Deutz stated that if the building were moved to the South another variance would be eliminated. Puchalla questioned why there was no work done on the drainage issue. Wasmund stated that the plans that he submitted were incomplete. Weyrens also mentioned that with the number of variances, it would not make any sense to spend money on engineering until the problems are corrected with the building plan. Utsch stated that there are too many variances required to approve the plan as submitted. He suggested that Puchalla meet with the Building Official and go over his plan in detail to see what he could do to change his plan to meet current ordinances. The motion passed unanimously. . 4Itepœrnber27,2004 Judy Weyrens CITY OF ST. JOSEPH Administrator Dear Judy: My site plan to develop 33 2nd Ave NW is now a two story structure including requesœd Ordinance compliance. Answering the requested information dated 9-15-04 below. 1. A detailed floor plan with four bedrooms, two bath, kitchen, livingroom, washer dryer closet area on each floor. With entrance door area from both eastside and westside of building. 2. Storm. Water Plan. The impervious surface has been largely reduced, due to driveway to west side taken out. Therefore, impervious surface cut by 2/3rd adding more green space. Two pooling areas on both sides of west side driveway with a 4 to 1 grade. And the building is also shorter by four feet in length making smaller sized bedrooms, with larger bathrooms. ~- Utilities. The one-inch water line has been marked by St. Joe maintenance person, and is ..:). f!I: 2nd ~;e N'W in t~e. site ease~e~t ~rea s?ut~e~st comer. ~ue t~, shallow se~er dep~ at alley ea WIDen me~surea to be 9 foot 10 mch aepth,the sewer line Will need to be mstallea along 2nd Ave 1\TW west side easement. It crosses only one graveled ili;veway to alley sewer line, which has westward-gravity flow. The. present sewer line will be sealed at south property line. 4. Density. Four residents per floor or unit, one per bedroom. Full is eight residents total of both floors. which has 10 parking spaces, plus. two for handicap space totaling 12 spaces. Parking and lot coverage: 1/3 the total site size is 4400 s.f. Requested by letter on 7-19-04 providing compliance, remaining being green space, set backs, and landscaped area. 5. Access fi:om alley. Yes, west side access will be requested as ingress/egress to that side of lot. The improvements made to the alley will be similar to the material already existing in this zoning area. The financial commitment to pay for such will be included in a total construction loan with a local lender. Any questions, please feel ftee to caUme at 320-291-5320. Sincerely, ¡,(t~Jv@j~~ .- David Puchalla .ite owner City of St. Joseph Development Routing Form . Site Plan Submitted (Date): Oct 11. 2004 Developer: Dave Puchalla Planning Commission (Date): November 8. 2004 (Anticipated agenda date) Date Plan is Routed to appropriate departments October 20. 2004 Comments to be returned by: October 29. 2004 Project Type Preliminary Plat B 1 Development Industrial Final Plat B2 Development R2 Development PUD B3 Development X R3 Development Departments for \vhich comments are requested: ';(, )( . I City Engineer Public Works \, Building Inspector . I City Attorney 'j, Fire Chief ED A Please review the attached development plans and submit written comments by the date indicated above. This fonn must be returned to the City Offices by the date stated above. If you do not have any concerns please indicate so on the lines provided below. Please find attached a site vlan for a duvlex to be located on 2/1d Avenue NW Puchalla has submitted all the required data. The vrovertv is zoned con-ectlv. The major issue for this develovment will be utilitv location. access and storm water. Department Signature Date . . VRajkowski Hansnleier Ltd. 1 Seventh Avenue North ATTORNEyS AT LAW P.O. Box 1433 ,to Cloud, MN 56302-1433 October 6, 2004 RECEIVED OCT () 7 2004- ;20-251-1055 Ms. Judy Weyrens CITY OF ST. JOSEPH Toll Free 800-445-9617 City Administrator for the City ofSt. Joseph 25 North College Avenue 'ax 320-251-5896 P.O. Box 668 St. Joseph, MN 56374 ·ajhan@rajhan.com RE: Puchalla Properties www.rajhan.com Dear Judy: You have inquired whether the City can require Puchalla Properties to bear the expense of improving an alleyway behind one of its duplexes. Currently, the City has not vacated the alleyway but has closed it and has not maintained it for various reasons. Puchalla Properties has requested that the alleYway be opened for its own benefit. . After discussing this issue with Tom Jovanovich and Sue Dege, the answer is that the City can requìre a developer to make these improvements. There is no specific authority that grants Qr denies the City this authority. However, the authority is implied in the Frank J. Rajkowski·· power a City has to require any developer to meet certain conditions before entering into a development agreement. Just like the City may require a developer to pay for Gordon H. Hansmeier impròvements to land as a condition of entering into a development agreement, it can Frederick L. Grunke similarly require a developer to pay for improvements to an alleyway if the improvements were requested by the developer and are for the developer's own benefit. Thomas G. Jovanovìch' Paul A. Rajkowski' Based on this analysis, the City was legally justified in adding the fifth requirement to its Kevin F. Gray list in the September 15, 20041etter to David Puchalla.' Judy, I will be on maternity leave for seven weeks beginning Monday, October 11. I will still be accessible via email. If William J. Cashman you have any questions regarding this matter, please call me before October 11 or contact Richard W. Sobalvarro Tom or Sue. Susan M. Dege Sincerely, LeAnne D. Mílîer Sarah L. Smith-Larkin ~S Troy Þ.. Paetz (1 . J:)92DI', ;\!:. 8rnmeian::.! ,J ) Laurel 1 Pugh .'" ; Haunpn - -,~. f-' -. ~ Laure! J. Puah LJPlbab Fran!, j. Rajkù'.A/5ki and Hichard !iF Sooaj,'arro 2r~ admitted to practice in North DakoTa, Gordon H HðnsmeÎer in North Dakota and JP/ìsccnsin, Paul A. Raikowski and Sarah L. Smith in 'vViscons;n._ and LA/illiam J Cashman in South Dakota nrv'!ember ü'? i;",eri(2n RO<ìrd cfTr¡;:~ Advc.-ca{~:;_ "Ouar¡fied .Ú.DR ~·jc-utr,3L Summary of Ordinance Compliance · In order to facilitate the discussion for the Puchalla Development, this one page is a summary of variances that will be required if the apartment complex is to be constructed. While the property is zoned appropriately for the complex, it appears as though the property is too small for the proposed development. In discussing this development anhe staffmeeting, it was the consensus that the property in question is a neighborhood in transition. While the use may be appropriate, it may require more than one lot to construct a facility. The developer has already submitted three different plans, reducing the density with the hopes that it will meet the minimum requirements. Everyone agrees the existing hòuse is in need of replacement, but that does not qualify the prop~rty for variance from the Ordinance. The Memo from Inspectron clearly identifies all the required variances. In addition to the requirements of the Ordinance, the property owner will be required to construct the north/south alley for access. Since this development is creating the need for the improvements, the City has the ability to require the developer to construct and pay for the paving. The other Engineering issues is water and. sewer services. These comments are addressed in the City Engineer Comments. REQUIREMENT PROPOSED VARIANCE Side Yard setback - 20' North side - 11 ' 9' Parking - 22 required Provided - 11 11 spaces Parking Setback - 15' fì-om South-4'9" South - 10'2" residential uses North- 3'6" North - 11 '6" · Parking Screening - Parking must None ~ be screened from residential uses Parking Dimensions - 26' isle 24' 2' required Curb Cut - minimum 5' from side 4'9" 3" property line Sign ~ must be setback 10' from 0 10' property line Building Exterior - mixed exterior East and West elevations Building Exterior on North required combine steel siding and face and South brick. The North and South elevations do not Lot COY~Iage Only 35% can be covered. If 12% the parking area is included coverage is 47% Lot Dimensions 150 feet at building setback line 66 feet 84' at building setback line 80 feet at public right of way 14' at public right of way · Inspectron Inc. · Memo To: St. Joseph Planning Commission Judy Weyrens, City Administrator From: Ron Wasmund, Building Official Date: October 29, 2004 Re: Site Plan Review for 33 - 2nd Ave NW BackÇfround: Mr. David Puchalla is proposing to construct an apartment building containing 2-4 bedroom units. The building will be two stories with one dwelling unit on each level. The building is being constructed for student rental. · The property is located in the R-3 zoning district. The property is bounded by a Public (park) on the north, General Business (B) zoning on the east, R-3 on the south and R- 1 on the west. The topography of the existing lot dictates the building be constructed as a walkout lower level or the lot to be filled 6'-8' deep over }2 to 2/3 of the lot. The owner proposes to construct a walkout lower level and no interior connection between units. Separate parking lots will be provided for the upper and lower units. No connection for internal circulation onsite will be provided. Access to the lower parking lot will be provided only if the owner constructs a road surface in the alley easement at the rear of the lots on the west side of 2nd Ave NE. The topography and narrow width make this a difficult site to develop individually as multiple family use. FindinQs: Applicant - Dave Puchalla, Puchalla Properties Site Address - 33 2nd Ave NW Project Description - 2 story Duplex Apartment Building 2 - 4 bedroom, 2 bath units. · . Page 1 · Lot size -198.19 x66 = 13,080.54 s.f. . Zoning district: R-3 1. Required Lot Area Ordinance 52.29 subd. 5(b)5 requires 4,500 s.f. of lot area foreach 4 bedroom unit 2 X 4500 = 9000 square feet of lot required. 13,080.54 - 9,000 s.f. = 4,080.54 more lot than required Lot area is ok as proposed. 2. Setbacks for Building Required Provided Front 35' 70' Side 20' 11111.'111 Side 20' 25.33 South side Rear 40' 74.16' provided · An 8-foot side yard setback variance required for north side. 3-. Parking Required. Ordinance Section 52.10 subd. 4(b) requires 4 parking spaces for each 3 bedroom unit + 1.25 spaces for each additional bedroom. It also requires bedrooms over 140 sq. ft. to be considered 2 bedrooms. Fractional numbers are rounded up. Each bedroom measures 12'- 10" X 12'~ 2" 12.83 X 12.16 = 156.01 s.f. 156 s.f. = 2 bedrooms 2 X 2 X 4 = 16 bedrooms for parking purposes 8 bedrooms/unit 4 parking spaces are required for the first 3 bedrooms plus 1.25 for each additional bedroom (5 X 1.25 = 7). 4 + 7 = 11 spaces are required for each unit *22 total spaces required, 11 spaces are provided. Applicant must provide 11 more parking spaces. · . Page 2 4. Parking setback Ordinance Section 52.10 subd 5c - requires parking lots adjacent to residential use to · be set back 15' from property line 3'6" and 4'9" is provided at south property line. A variance is required for parking lot setback to south property line. 5. Parking Screening Requirements Ordinance Section 52.10 subd. 5(i) states that parking must be screened from abutting residential uses or districts by wall, fence or densely-planted hedge or tree cover between 4 and 8 feet in height. No screening is provided along south property line. Applicant must provide required screening. 6. Parking Dimensions Ordinance Section 52.10 subd. 5(k) requires parking spaces and circulation isles to comply with the tabular requirements of this section. 9' width required 9' provided. 17.5' length required 17.5' provided *26' isle required 24' provided · 7. Parking Lot Drainage Ordinance Section 52.10 subd 5 (I) requires lot drainage and surfacing to be approved by City Engineer. 8. Curb Cut Ordinance Section 52.10 subd 3k requires that curb cut opening be a minimum of 5 feet from side property line. 4'9" is provided. 9. Access to back parking lot requires improvement to alley. Because the lower level of the building is only accessible from the west end of that level, emergency response will be made to that entrance. Retaining walls prohibit access from the east. Alley must have a bituminous surface with a minimum width of 20 feet. The surfacing must be placed on base capable of supporting all vehicular traffic and emergency vehicles. The design must be approved by the City Engineer. · . Page 3 ~ \Q ~~~~-~~----,._,_.- . ----. ..-." ..- O~~li 'ON -n : . ti)/Of/60 ~:~¡.a UjLlJ¡~¡¡sZ'(b2£) i<01I VIOS3NNII'/ 'Hd3Sùr lNlVS t t I- ~ -" ~ - '3'd.'~~'y ¡jIJiílr"'5\î't' (02.!:) '~.l¡Œ .fI1"£9!i "W<1.t1I¡i '1\". IN3WlèJ'v'dV HcJ3SÖr JNI'v'S : ã 15 - 'OJ!>)> o.n If' "MO¡. ~ ~opùn . N/sta p~U.rJO~~H~!1.J% Ij¡ti". ,·..,t /¡fâl Ug ~ 31'Ia 'ON 'ÀOII I ~ Wo UOJO¡AJ04ni. 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J q P J. . ~ 5 m 1110 l' " 1 I::J QS . II . I J J ~~ J I T · I . · I . · , T - ç :i~O:J I~LBO.O:]1l:l to-£(:-60 mUOTd I Z 0 ;Z t- Ò o. « L -0 t-. >H «=-- ill - . >" -tT ill~ ill· -t" ,H 11J~ I-IU . tJ) ...J H «~ t-IU 11)-' ill II) ill~ 3m z" 8<1: z'" «z fit 3IW t-ã OW ziõ .,t-, Jl!Z 0 ..w ¡;... u > OJOJ " II<OJ .-. 0 a.- i1 '" III Z 0 t-. z «0 0 >L I ¡-,. . ill H «9 -t, >=-- ill"'" ill II ~ -t. Iu ill~ rlU æ-' Iu o~ rlU ZII) :J-I o~ tJ)1I) wci """ 1<1: '" cO <tz §Ii ñ!~ -ã at- ~~ ziii 0 ~ci ;¡:... 0 OJOJ La< o¡- 1<11 ;,. lIIe . . a.t- o.OJ .. à:d -- - ----- ---- &! -, ---- --- - -- -- - .--.-J', - --- - - , 10. Sign Ordinance Section 52.29 subd 10a states no sign shall be placed closer than 10' to any property line except directional signs which have zero setbacks. What is a directional sign? *Signs must be landscaped *Proposed sign has zero setbacks Applicant must submit details of the sign. 11. Dumpster The dumpster is located in the required front yard setback. Screening is proposed as chain link fence. Dumpster must be moved to a location not in front of the principle structure.. 12. Building Height Ordinance Section 52.29 subd 8 establishes the maximum height of the building at the lessor of 3 stories or 40 feet. * The building is only 2 stories but there is no reference as to the overall height. Data is missing. 13. Building Exterior Requirements ~ Ordinance Section 52.29 subd 9 requires all exterior wall finishes to include at least ~ one material from each of the following groups: a) Facebrick, natural stone, wood textured precast concrete panels, textured concrete block, stucco b) Pre-finished deCorative panels made of metal vinyl, steel or wood The east and west elevations have a combination of horizontal steel siding and face brick. The north and south elevations have only horizontal steel siding. * The north and south elevations must have face brick, natural stone, textured concrete block or stucco added. 14. Rental Ordinance Requirements This project is being constructed as student rental. The structure must be constructed to comply with all requirements of Ordinance 55, Housing, Maintenance and Occupancy Ordinance. 15. Surface Water Management . . Page 4 Ordinance Section 52.18 Requires the applicant to submit a surface water management plan ·for review and approval by the City Engineer. 16. Water Service Size The plans do not show sewer and water services. There is limited discussion about a 1" water service in a letter from the applicant. Proponent must submit a utility plan showing the sewer and water services and their connections to City services. He must also submit a plumbing plan with flow calculations that show a 1" water service provides sufficient water supply to each unit. A one and one half inch water service is recommended. 17. Lot Coverage. Ordinance Section 52.29 subd 5(c) states that multiple family dwellings shall not occupy more than 35% of the lot including accessory buildings. Lot area - 13,080.54 sJ. 35% = 4,578,19 sJ. Proposed building = 30 x 54 = 1,620 sJ. Upper Parking Area = 2,601 s.f. Lower Parking Area = 1,953 s.f. Total of Building and Parking = 6,174 s.f. or 47% coverage. - 18. Lot Dimensions - Ordinance Section 52:29 subds 5 (d) & (e) require: (d) each R-310t to have a minimum width of 150 ft at building setback line (e) each R-3 lot to have a minimum width of 80 feet at public right of way. The existing lot is substandard with a width of 66 feet. Recommendations I recommend that the applicant resubmit a revised plan that incorporates the requirements of the ordinance and eliminate the need for variances. . . Page 5 ~. ~ - SE--H MEMORANDUM - TO: JudyWeyrens, St. Joseph City Administrator FROM: Tracy L. Ekola, PE DATE: November 1,2004 RE: St. Joseph,MÜŒnesota Puchalla Apartment Site Plan Review SEH No. A-STJOE 0501 D54 The following are my comments regarding the engineering review of the Puchalla Apartment Site Grading Plan and Hydrology Report. I. The site coverage does not appear to meet ordinance and leaves no usable yard space for snow storage (i.e. snow ITom parking lot areas) or other activities. 2. The sidewalk between the west parking lot and thè lower level apartment has steps (or a very steep slope). The steps are acceptable if the lower level is not intended to be handicap accessible. Will railing be installed at this location? 3. What is the proposed pavement design for the alley improvements (i.e. thickness of bituminous . and aggregate base)? Surface water runoff shall be addressed if alley is paved. An additional pond may be required to collect runoff from the alley improvements. Location of the pond shall be discussed with the City if the proposed pond encroaches on the north end of the alley. 4. Proposed water and sewer locations are not shown. 5. Sanitary sewer service to service the (lower level) apartment will need to be served by a grinder pump and low-pressure forcemain regardless of location due to the elevation of the existing sanitary sewer main. Due to the location of the water main on 2nd Avenue NW, the sanitary forcemain shall be located along the west property line (i.e. east side of alley). 6. The letter indicates that one-inch water line will serve the apartment. It is unlikely that a one-inch . service will provide adequate water pressure for the proposed number of units. 7. Surface water drainage from the western two-thirds of the property flows to proposed storm water ponds located to the west. Storm water pond emergency overflow flows over the west parking lot entrance. Another pond overflows to the ball field located in the City Park. These ponds are sized to discharge storm water flows at rates less thanpredevelopment rates for the 100-year storm. 8. The proposed drainage plan shows the east parking lot surface water runoff directly to 2nd Ave NW gutter. Discharge rate shall be less or equal to the predevelopment rate. Stormwater runoff calculations for the west parking lot were not included in the hydrology report. 9. Sub,mit revised hydrology report, drainage and utility plans to City for review. JillW c: Joe Bettendorf, SEH Ron Wasmund, City of St. Joseph . Dick Taufen, City of St. Joseph x:\s\stjoelcornmonld54 puchaJla apartment\m-puchalla J J OJ04.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Consent (d) Grant Contract - DNR Funding DATE: November 19,2004 Fire Department ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Grant Agreement - Authorize the Mayor and Administrator to execute the grant agreement between the State ofMN and City ofSt. Joseph for funding assistance. PREVIOUS ACTION . RECOMMENDED COUNCIL ACTION Authorize execution of the Grant Agreement FISCAL IMP ACT $ 200.00 - The Grant is a matching grant with the Fire Board responsible for the additional $ 200.00. The funds are available through the budget process. COMMENTS/RECOMMENDATIONS . Minnesota Department of Natural Resources Division of Forestry...402 Southeast Eleventh Street...Grand Rapids, MN 55744 · November 8, 2004 RE: 2005 Forestry Assistance Matching Grant I am pleased to announce that you have been selected to receive a "Volunteer Fire Assistance" matching grant. The amount of the grant is indicated on the grant contract. Please read carefully then have all three copies of the contract signed by the 2 people delegated the authority to sign a legal and binding contract (you are considered the "Grantee", second signature block), The Mayor and the Clerk sign if the unit of government is a city. The Board Chairman and the Clerk sign if the unit of government is a township. The President and the Secretary sign when the department is incorporated onto itself, All 3 copies should be returned within 30 days to: Kristie Prahl DNR Fire Center 402 Southeast Eleventh Street · Grand Rapids, Minnesota 55744 After the State Agency signs the contract, I will forward a copy to you. If you need to talk with me, my number is (218) 327-4572. Sincerely, F~· Kristie Prahl VFA Grant Contract Specialist enc · DNR Information: 651-296-6157 . 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer '\ Printed on Recycled Paper Containing a Who Values Diversity t.... Minimum of 10% Post-Consumer Waste STATE OF MINNESOTA GRANT CONTRACT . . I fì . Accountmg n ormatIOn Agency: R29 Fiscal Year: 5 I Vendor Number: 053649001-00 Total Amount of Contract: $200.00 Amount of First FY: Commodity Code: Commodity Code: I Commodity Code: , Object Code: 5BOO Object Code: , Amount: $200.00 Amount: I Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 300 Fund: Fund: Appr: 303 Appr: Appr: Org/Sub: 3713 Org/Sub: Org/Sub: Rept Catg: 3410 Rept Catg: Rept Catg: Amount: $200.00 Amount: Amount: .ontract: A 70284 Begin Date December 2. 2004 End Date SEPTEMBER 30. 2005 Contractor: ST JOSEPH FIRE DEPT PO BOX 4 ST JOSEPH. MN 56374 .. . Grant (Rev. 03/04) 1 STATE OF :MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division of . Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ("State") and ST JOSEPH FIRE DEPT, PO BOX 4, ST JOSEPH, MN 56374, ("Grantee"). Recitals 1. Under Minn. Stat. § 84.085 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money from the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub-grants of any money received to other agencies, units ofJocal government, and private nonprofit corporations; and Minn. Stat.§88.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, authorizes the Commissioner of Natural Resources, on behalf of the State, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. Fire suppression equipment may include, but is not limited to, fire suppression tools and equipment, protective clothing, dry hydrants, communications equipment and conversion of vehicles to wildfire suppression unit. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire- fighting entity located in a rural area; and the State is empowered to enter into this grant. 2. The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract . 1 Term of Grant Contract 1.1 Effective date: December 2, 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Grantee may begin incurring expenses on December 2, 2004, however, no reimbursement for this project will be made until the GRANT AGREEMENT is fully executed. 1.2 Expiration date: September 30, 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs first. . 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Complete work specified in the Project Proposal attached hereto as Exhibit A. This Project Proposal shall be a part of this grant. 2. Insure all equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Report GPS locations of dry hydrant or water facilities constructed under this grant to Kristie PraW, Rural Fire Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744. 3 Time . The Grantee must comply with all the time requirements described in this grant contract. In the perfonnance of this grant contract, time is of the essence. Grant (Rev, 03/04) 2 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: . Compensation. The Grantee will be paid in an amount not to exceed $200.00, based on the Jollowing computation: The STATE shall reimburse GRANTEE for up to 50 % of the reasonable net cost of items purchased, or expenditures made, in accordance with the approved project as shown in Exhibit A. This rei!llbursemeilt shall not exceed the total amount of this grant. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed "$0.00" provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (2) Total Obligation. The total obligation ofthe State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $200.00. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion ofthe services. All work must be completed by September 30,2005. (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Cooperative Forestry Assistance Act of 1978, CFDA number 10.664. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to . comply with federal requirements. 5 Conditions of Payment - AU services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion ofthe State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law . 6 Authorized Representative The State's Authorized Representative is Kristie Prahl at 218-327-4572, or his/her successor, and nas the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract: Ifthe services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is, Fire Chief, ST JOSEPH FIRE DEPT. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. . 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and Grant (Rev. 03/04) 3 the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or . causes of action, including attorney's fees incurred by the State, arising from the perfonnance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn.Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it appJies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights Not applicable 12 Workers' Compensation . The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13 Publicity and Endorsement 13.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes ofthis provision, publicity includes notices, infonnational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15 Termination 15. I Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon . 30 days' written notice to the Grantee. Upon tennination, the Grantee will be entitled to payment, detennined on a Grant (Rev. 03/04) 4 pro rata basis, for services satisfactorily performed. 16 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security . number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: ~~,.L¿ ~. (with delegated authority) Signed: Title: Forestry Division Director Date: November 8, 2004 Date: CFMS Grant contract No: A 70284 2. GRANTEE The Grantee certifies thatthe appropriate person(s) have executed the grant contract on behalf ofthe Grantee as required by applicabl~les, bylaws, resolutions, or ordinances. B~dy ~O-ý'~.s ele: rlc!/YJ"Jv)7"<;;.1V'0<-bv . Date: If!t?J!OC¡ By: Title: Date: Distribution: Agency Grantee State's Authorized Representative - Photo Copy . Grant (Rev. 03/04) 5 ....' 2005 RURAL FIRE DEPARTMENT VOLUNTEER FIRE ASSISTANCE (VFA) MATCHING GRANT PROJECT PROPOSALS CompleteaIld Mail to: Kristie Prahl (do not fax) MN Interagency Fire Center 402 Southeast 11th Street . Grand Rapids, Minnesota 55744 (218) 327-4572 + POSTMARKED NO LATER THAN......... OCTOBER 1, 2004 + /L/. S (Ó '] ( e~mail:Sc. 1. Population directly benefiting from the project:flfJpfò«" /)... ¿lUO 2. Fire Department's protection area (square miles): 5';2. y~ rt. þ¡r/ZJ (exclude mutual aid area) 3. Number of fire incidents for calendar year 2003: wildland í () structural 1;7 other .)0 , 4. Fill in the estimated cost of the project(s) with the dollar amount. $ Wildland training'S Wildland PPE $ Radios/pager $ Turnout gear $ Breathing apparatus $ Excess property vehicle conversion $ Foam unit $ Pumps $ Slip-on-unit $ Wildland equipment $ Cascade system $' /.- Authorized Signature:~,", <,~ fÎ ø;¿';; ¿~,. 'Date: S- -de¡ -0 ~ ~ . . FOR OFFICEUSEONL Y: GRANT APPROVEDUPTO$ ':qtð,t/¿J FOR ~'~ APPROVAL SIGNATURE: -1'~ All fire departments needing dry hydrants are encouraged to apply for funding. Complete back of form. I Attachment: Yes or No I · REQUEST FOR COUNCIL ACTION Consent (e) Donation Acceptance - Stearns Electric Association DATE: November 19,2004 Fire Department ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Stearns Electric Donation - Accept the $ 600 donation from Stearns Electric. PREVIOUS ACTION · RECOMMENDED COUNCIL ACTION Accept the donation FISCAL IMPACT This is not a matching grant, so funding of the equipment relieves the budget the needed expenditure. The equipment would have been required regardless of the funding assistance. COMMENTSIRECOMMENDATIONS The funding was requested to purchase a vital sign/blood pressure monitoring unit. · STEARNS ELECTRIC '"''' " "Ã ASSOCIATION TRUST ~0~~ . PO Box 40 · Melrose. MN 56352-0040 'U' November 11, 2004 Randy T orborg St. Joseph Volunteer Fire Department 142 6th Ave. N.W. St. Joseph, MN 56374 Dear Randy: Congratulations! The Stearns Electric Association Trust Board has a\varded your organization $600. The grants will be awarded Tuesday, November 23, 2004 at 3:00 p.m. at the Stearns Electric St. Cloud office. I have enclosed a map. We ask that you or a representative of your organization be present that day to accept the check and to be photographed with the other recipients. w~ hope this money helps you to reach-your goals and we wish you continued success in . the valuable work your organization does. If-you are unable to attend, please call Michelle Christiansen at 259-6601 or 1-800-448-1737. We look forward to seeing you on November 23. Best regards. ß~'j y¿;j~~dJf~ Gary Goebel, President Steams Electric Association Trust Board . , . I Attachment: Yes or No I · REQUEST FOR COUNCIL ACTION Consent 3 (f) Interim' Use Permit - Brandon Kappes DATE: November 19,2004 Administrator ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Interim Use Permit - Brandon Kappes, extension of the Interim Use Permit allowing an owner occupied rental unit at 32 - 1 st Avenue SE. PREVIOUS ACTION The Planning Commission recommended and the Council affirmed the issuance of an Interim Use Permit allowing an owner occupied rental unit at 32 _1st Avenue SE. The Interim Use Permit is limited to one · person as he does not have available the required parking. In August of 2004 the Planning Commission considered the extension of all Interim Use Permits and they tabled action on Kappes, as he did not finish the precess rrom 2003. The Commission agreed to reconsider the matter only if Kappes finished the rental license process rrom 2003. Kappes did finish the process in October. RECOMMENDED COUNCIL ACTION Accept the recommendation of the Planning Commission and extend the Interim Use Permit for Brandon Kappes, allowing an Owner Occupied rental unit at 32 - 1 st Avenue SE. The Interim Use Permit limits the number of tenants to one. FISCAL JJV[p ACT COMMENTSIRECOMMENDATIONS · Extract of the November 8,2004 Planning Commission Minutes . Brandon Kappes, Extension of Interim Use Permit Kappes - Interim Use Permit Extension: Weyrens stated that Brandon Kappes of 32 - 1st Avenue SE has completed the Interim Use process from 2003 and has passed the required rental inspection. Therefore, since the original process has been completed, the Planning Commission can consider extending the Interim use for the 2004-2005 license period. Weyrens clarified that Kappes is limited to one tenant until he resolves the parking issues. Loso questioned if the property has had any Ordinance violations to which Weyrens responded no. Utsch did question Kappes as to whether or not he has been renting without a rental license. Kappes stated that he is not renting at the present time. He does however, have friends over, but he is not renting. Loso made a motion to recommend the Council renew the Interim Use Permit of Brandon Kappes, 32 - 1st Avenue SE. The Interim Use Permit allows for one tenant until additional parking is provided. The motion was seconded by Lesnick and passed unanimously. 0000000000000000000000000000000000000000000 Extract of the August 2,2004 Planning Commission Minutes Brandon Kappes, Extension of Interim Use Permit Interim Use Permits: In 2003, the Planning Commission issued three Interim Use Permits, (IUP) for Owner Occupied Rental Units. The IUP's all required annual review at which time any and all Ordinance violations would be considered. The Commission agreed to consider each IUP individually, starting with Kalkman. Utsch informed those presented that they would have an opportunity to speak for/against any IUP. 1 . Brandon Kappes - 32 1 st Avenue SE: . No comments from the public. Weyrens reported that Kappes has not completed the rental license process. The Rental Housing inspector inspected the property, but Kappes did not follow through and pay the fee or request a re- inspection for the items needing correction. It appears as if he has been renting to at least one individual over the past year which would be a violation as the property was not licensed for rental. Kappes approached the Council to discuss his Interim Use Permit. He stated that he has not rented to anyone last year. He stated that he and his friends work late hours and that he frequently has friends over after work, but he assured the Commissioners that he has no renters at this time. Utsch stated that there is always more than one car parked in his yard and that his rental license has lapsed. He also mentioned that the backyard has not been cleaned which was a requirement. Kappes responded that he is working on the parking issue, as he was told last year that he did not have sufficient parking for two renters. Kappes stated that he has been working with the Building Official on alternative parking areas as he does not want to remove the curb or cut down any trees. Weyrens stated that the approval for an Interim Use Permit is only valid for 12 months. If a rental license is not secured by October, the property owner must start the process over, including payment of the hearing fee which will require the Planning Commission to conduct a new public hearing for the issuance. The Planning Commission informed Kappes that he must resolve the parking issues before October 2,2004 or the IUP is null and viod. At this time an extension of the IUP is not appropriate. . Lesnick made a motion to table renewal of this Interim Use Permit for Brandon Kappes until all · outstanding issues are resolved. If the matter is not resolved by October 2, 2004 the Interim Use Permit is null and void. The motion was seconded by Graeve and passed unanimously. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Extract of the November 10, 2003 Planning Commission Brandon Kappes, Interim Use Permit Brandon Kappes -Interim Use Permit Request. 32 - 1st Avenue SE: Brandon Kappes re-appeared before the Planning Commission with additional information for his request for issuance of an Interim Use Permit. Kappes stated that he only has a two bedroom house and therefore he should only be required to provide 3 parking spaces. Weyrens stated that the when determining required parking, the size of the bedroom is considered. Based on the dimensions of the bedrooms, five parking spaces would be required. Utsch questioned if each bedroom is required to have two means of ingress/egress. Rental Housing Inspector Steve Hagmann stated that he has reviewed the home located at 32 - 1st Avenue SE and it meets all applicable fire and safety codes. The only issue outstanding is the parking. There is enough property to provide five parking spaces, but the ingress/egress would need to be moved. Kappes stated that at this time he does not wish to reconstruct the ingress/egress as he plans to construct a garage in the near future. Weyrens questioned Kappes if he would be willing to reduce the number of tenants to one until a time when additional parking could be provided. Kappes stated that he was acceptable to limiting the maximum occupancy to one tenant. · · I Attachment: Yes or No I · REQUEST FOR COUNCIL ACTION Noise Violation :- ASK Management DATE: November 19, 2004 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Noise Violation - Ask Management, 446 - 1 st Avenue NE PREVIOUS ACTION When noise violations are received the files are checked for past violations. In reviewing the file for ASK Management, they did have a violation on April 3, 2003, but it was for a different unit. We have had in the past another apartment complex that had the same situation and the Council discussed the management of the property. However, it was detennined that each unit would be dealt with on a separate basis. For your convenience I have included the action from 2003. · RECOMMENDED COUNC~ ACTION Two separate actions are required: 1. A motion acknowledging that a noise violation occurred on November 7, 2004at 446 - 1 Sl Avenue NE 2. Disposition - Determine what if any fine should be imposed. FISCAL IMPACT COMMENTS/RECOMMENDATIONS As of the writing of this memo, I have not heard from the property management or tenants. They have been provided the notice via certified mail early last week. · CITY OF ST. JOSEPH '«'\¡,:tw. cityofstiosep h .c?m . November 8, 2004 Administrdtor S1. Joseph Student Housing C/o Ask Property Management ludy Weyrens 5605 W 36th Street . S1. Louis Park, MN 55416 Mdyor Lðrry I. Hosch RE: 446 1st Avenue NE Councilors _._..3 AI· Rðssier To Whom It May Concern: Ross Rieke This letter has been prepared to provide you with notice and information regarding a Gdry Utsch . proposed suspension or revocation of the rental license for the above referenced . Ddle Wick property. This action is being taken because of an alleged violation of Ordinance No. 102 of the 81. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on November 7, 2004 (copy enclosed). The S1. Joseph City Council will review these allegations and consider appropriate . action, including a suspension or revocation of your rental license, for up to a period of twelve months. The meeting will be conductèd on Thursday November 18,2004 at7:10 p.m. in the 81. Joseph City Hall, 25 College Avenue North. . At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type, you must contact the City Clerk/Administrqtor in writing at least five days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least five days ,before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation (s) alleged herein and reported by the complaining party. If you waive your right to hearing, or if an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the Council will . proceed immediately to consider a disposition, which may include . 2.) College Avenue North' DO Box 668 . Sdint. joseph, Minnesotð )6,74 Phone ,2.0.,6,.]2.01 Fd x ,20.,6,.0,42. St. Joseph Student Housing November 8, 2004 . Page 2 revocation or suspension of your rental license. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admi~sion of the allegation and a waiver of yourright to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action which is deemed appropriate and you will be notified of this action at a later time. Sincerely, ....---.., (-:.--_-.~~ /! /-~. ¡¡( ), .- J ./ ~~'/_/ (- . G1;~;:n~"{X~'~" - ministrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Pete Jansky . KM~ Keport -Case Number: Officer Assigned: Badge Number: How Rec'd: 04801914 pfarmenstein 7707 Radio _ Reported By: o ,See Complainant Supeiviso[ Approval: EC - 1. 3. Noise Violation Level of Offense: Level of Offense: Level of Offense: o P. Misd. 181 Misd. 0 G. Misd. 0 Felony o -Po Misd. 0 Misd. 0 G. Misd. . o Felony o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: . 4461st Ave NE 11-07-2004 Sunday Date Reported: Time Reported: Time Arrived: Time Cleared: 11-07-2004 0213 0217 0235 Assisting Officer(s): 7708· -ì_lllwlrl¡1~¡IIIII~¡~IIiI~¡~I~~~II~I.alll'J:11_.\'I~¡11~'lm.m¡¡I_Jh1~¡'tll~II¡: Name (Last, First, Middle) Date of Birth: Race: D/L #: State: 'Milbert, MathewJeffrey 11-09-83 white M-416-589-390-861 MN - Street Address: City, State, ZIP: 17375 Fairway Cire . Cold Spring,MN 56320 Arrested: Citation Issued: Citation #: Eyes: Hgt: !81 Yes 0 No !81 Yes 0 No 1068 BLU 601 160 IKëÃiRfliINI~1i:2tl¡llljlt:l~iiB.::I::ì:MrqID~Smš.iiÊ.::@œ:@wilÊs.š}rl@MHÑBiDJËã@:ltjmÑfmËr::~lfñ::~11:~El: ._....... ....-.-.. .-.... '-N .......,..... .....--.... .--.......,._...__... -..... .m_.....'. ... -. .... - -".....-. ·0.... ., ... -.-......... .... ....-.....-.......-..-_..-_-_-.._,........ :::::::.;::::.:::::.:.:=:.:.:::.;::.;-;.;.;.;.;.;.;.;.:::::.:::~.:.:::.:.:::.:.:::::::.:.:.:::.:.:.:.::::.':':':":::;::':';';';';':::':::::';';.;:::::;:;::::..':.:.:.,:;::::.:::.:.:.:::.:.::;::.:::.:.::;.::;::.:::::::::...:.:.:..::::.:.:.::;.:.;::.;.;.:;;-;::::.;.;.;.::;.;.;:::;.:;;;:;:::::...:.:..~::::::.:::.:.::;.;.;;:.:::;;.;:;.:.:.;.:.;.;.;.;;;.;.;.:::::::::...:.:.:.;:;:;.;;:;:.;;;.;.;...;;::;.:::.;.:::.;.;;;.:.;.::;.::;.;::.;.;.:.;.;.:;:~::...:.:.:-_:::;.:.:::;;.;.:~::-;.::;.;.;.;-;.::;.:-;.;.;.;.;.:.:.:.;:;:::;::...:.:.:..:;.;:;::.:::::..........:;;:::.::::::::; Name (Last, First, Middle) Date of Birth: Race: D/L #: State: eet Address: City, State, ZIP: Arrested: Citation Issued: Citation #: Eyes: Hgt: o Yes 0 No o Yes 0 No Ucense Plate Number: . State of Ucense Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: License Plate Number; State of Ucense Plate: Year: Make: Color of Vehicle: Towed By: Vìn #: ~ /7 ,,,,,- it..-.-- ß - - ~ ¡ / \f . I (r--) ~() ì <' / 'V- I Received a complaint or loud noise at the above residence. Parked around the corner or the bUilding by Sunset Manufacturing. As we got close to the building, there were loud voices from the people standing outside the villa. The music was turned up loud enough that it was heard through closed doors and windows. Milbertstated that he was a renter. Advised Milbert of the complaint. Several of the participants questioned if they did not get'a 50 foot cushion to the noise. Advised them that it was well beyond the property line. Milbert was given the choice of a Underage Consumption as he was 2 days away from becoming 21 yoa. Milbert was somewhat agrumentive and stated that he would take the $100 noise violation and take his chances with the apartment manager and council. Issued a adminstrative fine for noise violation. Called and left message with Barb Schloemer, a artment mana er. Signature (when required): Related Case Number: Word Document: (Comp, Parent, Guardian) o Yes 0 No . . Extract of the April 3, 2003 City Council minutes . ASK Management, Noise Violation 448 1st Avenue NE NoiseViolation. 448 1st Avenue NE - ASK Manaqement: Barb Schloemer, Campus Park on-site Manager approached the City Council regarding a noise violation that occurred at 448 1 st Avenue NE on March 22, 2003 and acknowledged the incident had occurred and pleaded guilty. Utsch stated he looked through the police report and feels they did not receive cooperation in receiving answers from the residents. Hosch stated he had spoken with the police officer and said the citation was not an issue and that it was being dealt with civilly and the reason that was determined was because of the cooperation of the residents. Rassier made a motion acknowledging that a noise violation had occurred at 448151 Avenue NE on March 22, 2003. A motion was seconded by Rieke and passed unanimously. Hosch stated he was led to believe from Police Chief Jansky, this was only being dealt with civilly and pearly because of the cooperation. Hosch stated Johnson and residents had contacted him via em ail to discuss the issue with him and apologized. Hosch feels the gesture was appropriate. Hosch stated due to the matrix the City has, he recommends that they follow the rules that have been set and levied the fine to $150.00 and extending a little gratitude for cooperating with our . officers and dealing with the situation as adults. Dylan Johnson, resident at 448 1st Avenue NE approached the City Council stating that at the time the officers arrived, there were people standing outside the townhome complex and parking lot area and did his best to cooperate with the officers. He further stated there were no overnight guests and presented thè City Council with an apology letter. Andrew Paulson, resident at 448 1st Avenue NE approached the City Council stating Johnson had arrived home five (5) minutes prior to officers arriving. Paulson stated the door was opened and they had a small boom box that wasn't playing music very loudly. Paulson further stated the majority of the music was coming from a vehicle of a non-guest and non-resident in the parking lot and feels the majority of the violation came from the person in the vehicle. Rassier stated they as renters, should have contacted the police to have the unwanted people removed from their property. Paulson stated he believes the majority of the people had filtered down from the other end of the town home complex when they saw the squad cars and feels it was curious kids wanting to know who's getting into trouble. Rassier asked Schloemer what will happen next and she answered stating the renters will be fined and if another incident happens, they will be evicted. Hosch made a motion to levy the fine to $150.00 for the noise violation that had occurred at 448 1st Avenue NE. A motion was seconded by Rassierand passed unanimously. Discussion: Schloemer spoke on behalf of ASK Management stating they are very sorry this has . happened. 'J{MS Report Case Number: Officer Assigned: Badge Number: 03800430.Gustin 7704 Reported By: 0 SeeComplainant,Supervisor Approval: SCSD :;,::¡M~~:M[¡¡J¡~f¡{~Î¡t1J¡IJ¡¡¡¡~f¡:f¡~j~:J¡¡¡¡¡¡¡~j¡¡¡1¡¡¡¡¡¡¡.Ritïl:¡lmw..Îa·:;;ª~:~~M]~If~IBtl_¥1..lm¡¡¡i¡:¡¡¡¡¡¡¡~f:¡~l]tj¡m¡M¡¡&)¡¡~\¡*i¡i¡¡i¡Mfu1¡~i¡¡¡~ 1.. 2. 3. Noise Campi Location of Incident: Day of Week Incident Occurred: 448 ìst Ave· NE Saturday Date Reported: Time Reported: Time Arrived: Time Cleared: 03""22-03 0259 . 0326 Assisting Officer(s): .7706 ". ¡::¡RlllíliID~B)¡111111¡!¡ll__M!~tlw~__¡1~1__~f~lj~I:ª_1_11~li~~~BI_§t1il_1~11¡ììi1! Name (Last¡ First, Middle) Date of Birth: Race: D/L #: State: HÜgpes, Billie Street Address: City¡ State; ZIP: 442 1st Ave NESt Joseph, MN 56374 _ Arrested: Citation Issued: Level of Offense: Eyes: Wgt: DYeS gjNo Dyes gj No Dp.Misd. D Misd; 0 G; Misd. D Felony. :~\!I_IIIÎI11¡11!¡I!IIi111¡!!~I¡al¡!¡I~j¡!!III_I_~¡~¡:1¡¡\I_:_~llijjll~m¡Ii_lflI11!jlj:¡:@illlml!!j:~¡II!I:!¡I¡¡¡¡ Name (Last! First! Middle) Date of Birth: Race: D/L #: State: Johnson¡ Dylan Michael 01-22-81 white J-525-159-603-060 MN I Street Address: City! State! ZIP: . 2094 127th Lane NW Coon Rapids¡ MN 55448 Citation Issued: Levei of Offense: Eyes: Hgt: Wgt: o Yes g¡ No D Yes [81 No g¡ p, Misd. D Misd. D G. Misd. 0 Felony gray 6-1 175 License Plate Number: State of Ucense Plat-e: Year: Make: Model: Color of Vehicle: Towed By: .. Vin #: License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: Was dispatched to a noise compl in area of 442 1st Ave NE. Was at the east end of the building and I could hear loud yelling 'and music coming from northwest end of building. Went to where the noise was and found several people outside #448 where the door was open. After asking several times who lived at the res. 7706 & I talked to the renter Dylan Michael Johnson. Advised him of the noise compl and told everyone else to leave. Told him his landlord vvould be notified of the violation. After clearing scene, attem ted to call landlord, but our rental list is incorrect & didn't have hone #. See re orts:.... ...... Signature (when required): Related Case Number: Word Document: 'Comp, Parent, Guardian) 0 Yes 0 No ST. JOSEPH POLICE DEPARTMENT 1 Follow-Up Report . . ICR NUMBER: 03800430 . OFFENSE/INCIDENT: Noise complaint LOCATION OFOCCÙRRENCE: 448 1st Ave. N.E. REPORTING OFFICER: Gustin . . At approximately 0259 hours, Saturday, March 22, 2003, I was dispatched to a noise-complaint in the area of 442 1st Ave NE, St Joseph, MN 56374, Stearns County. The complainant said a large group of people were at a party yelling loudly, and they were playing loud music. Upon arrival I was at the east end of the building when I heard loud music and yelling coming from the west end of the building. I could seea group of people standing outside anopen apartment door. As I got closer, a male who was yelling loudly, ducked down behind a car that was parked in front of the apartment. I approached him and he put his open can of beer under the car as if he was trying to hide it from me. I asked him for his !D,and he gave me his Minnesota driver license which identified him as Joshua Paul Dirlam, 10-01-79, 15241 Creekside Ct, Eden Prairie, MN 55346. At that time someone turned the music oft: I asked Dirlam why he was hiding, and he said he didn't want to get caught. I a~ked him if he lived at this apartment, #448, and he said he didn't. I asked the group of people standing there if any of them lived there. They looked at each other and didn't answer. I asked again and a few said that they did not live here. I asked them who did iiva here, and they said they didn't know. I asked them what they were doing here if they didn't know the renters. At that point one of the males said they were here visiting his buddy, but he would not give me his name. While I was talking with them, I saw a few peopJe inside the apartment. One of the females who w. standing outside shut the front door. I counted sixteen people at the apartment, twelve outside the door and four inside. Officer Pete Janssen #7706 arrived to assist me. He also asked some people in the group who lived atthis apartment, but no one would say. While I was talking with the group trying to quiet them down, because they were still talking very loud, Officer Janssen knocked on the door and found the renter inside the apartment. The renter was identified as Dylan Michael Johnson, 01-22-81, 2094 1Z¡th LaneNW, Coon Rapids, MN 55448. I explained to him that someone had called in a noise complaint. I saw that there were some beer cans on the counter tops, and plastic beer glasses were thrown around on the floor. I told him that I heard the loud music and people yelling all the way at the other end of the building. I told him that I had to notify his landlord, and I asked him who the landlord was. He said he didn't know who the landlord was or what their phone # was. He said it was not his fault that the people were here, he said they have an open door policy, and these people just showed up, I told him that as the renter of the apartment, he is responsible for what happens there. If he didn't want any problems, he could have asked them to leave the premises. Officer Janssen and I then left the scene. I went to the Police Station to telephone the landlord. I checked our rental phone list, but it had not been updated with the new owners and m<µ1ager, so I was 110t able to make the notification. . ,~ -( ·"1 j-l. ,G " OFFICER SIGNATURE://~~\~-=::') DATE: F',-') - .~ _-:2- - ß· -.s <r \ I Attachment: Yes or No I · REQUEST FOR COUNCIL ACTION The Partnerhsip -Tom Moore DATE: November 19,2004 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Presentation on Membership to The Partnership PREVIOUS ACTION The EDA has requested through the budget process to become members of The Partnership. During the discussion of the preliminary budget the Council requested that a representative from the Partnership appear before the Council and discuss the benefit of membership. · RECOMMENDED COUNCIL ACTION Accept the information FISCAL IMPACT $ 7,500 Membership Fee COMMENTS/RECOMMENDATIONS The Council does not need to make a decision at this meeting. The presentation was scheduled before the conducting of the Truth and Taxation Hearing, the meeting when the final budget is considered. Membership would not be active until 2005, after the budget has been approved. · St. Cloud Area Economic Development Partnership The Partnership's mission is to generate high quality jobs and increase the tax base by promoting and . facilitating the growth of existing businesses and the development of new businesses. WHOIWHATISTHE'PARTNERSHIP? PARTNERS Thest.(~loud ,Area,.EconomicDevelopmentpartnership is an organization City of S1. Cloud CQnsistingofpµbliçandprivatesector'entitie~wf1osemi$$ion.lneludes S1. Cloud Housing and helpingçompaniE!s,such .as yours, stayhere,thriveher"E! aOctexpand Redevelopment Authority right' here in the area. . .ln~ddition..thePartnershipmarkets the area to selected businesses City of Sartell City of Sauk Rapids/Sauk outsidE!Jhe r~gion.enCOLJra~il'1gtl1erntoIQçate f1~re. toen Jaçilitéttingany .'move.th;3~mayresLJ.lt.MorE!~roadly.thee~rtnershipworksto~ate a Rapids HRA pQsitivE!climate forthis area's economy and growth. City of Becker Benton County RETENTION AND EXPANSION PROGRAM Sherburne County The purpose of the Partnership's Business Retention and Expansion Stearns County Program is threefold: S1. Cloud State University ~ To recognize the business community's importance to the local economy. S1. Cloud Technical College ~ To uncover any impediments or barriers to doing business in the 51. Cloud Resource Training and . area. Solutions ~ To determine whether a business has the potential for growth and Connexus expansion, and to make sure that growth takes place in the 51. Cloud area. East Central Energy Stearns Electric Association HOW CAN THE PARTNERSHIP HELP? Qwest Communications The following list suggests, but does not fully express, the many ways the Excel Energy Partnership can help your business. Think of us as a ready resource, a Initiative Foundation one-stop shop for ideas and solutions to your business problems. S1. Cloud Area Chamber of ~ We facilitate contact with Commerce appropriate representatives of both r\e¿,,,,, \" -~~~--. government and business. 11 S1. Cloud Opportunities ~ We identify and provide access to American Heritage Bank Bremer Bank financing for land acquisition, Stearns Bank building construction, equipment '0...... Wells Fargo Bank purchases, working capital, THE PARTNERSHIP training, etc... Health Partners A progressive approach to growth & development ~ We provide an inventory of S1. Cloud Hospital and available land and buildings. Centra Care Health Systems ~ P.O. Box 1091 We identify human resource St. Cloud, MN 56302 For membership information training needs and facilitate (320) 252-2177 call (320) 252-2177. solutions. www.scapartnership.com VRajkowski RECE"!'~]) Seventh Avenue North tt~~~~~~I lid. " 'í i'" ,,' ' ¡:;, '004 ' " " , ,. (I '. Box 1433 November 12,2004 CITY OF S i . JOSEPH Cloud, MN 56302-1433 ')-251-1055 Ms. Judy Weyrens City Administrator for the City of St. Joseph II Free 800-445-9617 25 North College Avenue ,320-251-5896 P.O. Box 668 St. Joseph, MN 56374 han@rajhan.com RE: Election Law NW.rajhan.com Our File No. 23426 Dear Ms. Weyrens: At your request, I have been asked to provide an opinion with respect to Minnesota election law as it relates to students who are enrolled in post-secondary educational institutions. FACTS It is my understanding that a number of citizens from the City of St. Joseph have approached some Council members and yourself expressing concerns with respect to the 'ank J. Rajkowski .. number of students voting in the general elections. Their concern is that the students do ordon H. Hansmeier not meet the residency requirement since they live in the City for only nine months out of 'ederick L Grunke each year and for only a four-year period. Some of the citizens expressed concerns that the students do not meet the residency requirements of state law because the college is lomas G. Jovanovich" not their legal residence. 3ul A. Rajkowski' It is also my understanding that a concern has been raised that the students vote in a large evin F. Gray block with respect to local issues and are impacting the outcome of certain local Jilliam J. Cashman elections. Citizens are concerned since the students are living in the City on a temporary ichard W. 50balvarro basis and this block vote affects the long-term interest of people who truly intend to make St. Joseph their residence and raise their families within the City. They see the interests usan M. Dege of the long-term residents who are raising families in the City as competing with some of eAnne D. Miller the student interests. arah L Smith-Larkin ray Þ.. Paetz osepr: [,/;. 8ron1eiano .'. J. Haupen .aurel j. Pugh Frank J. RajkoV'lski and Richard 1IV': Sobaivarro are admitted to practice in North Dakota, Gordon H. f-Iansmeier in North Dakota and VVisconsin, Paul A Rajkov.;ski and Sarah L. Smith in Vlisconsinf and lfVíHiam J. Cashman in South Dakota. ..;.. ,;___ .....__ ~.!- ~.. .__ .: __ __ ... _ _ _._, _,,,- . _ I F. .' -~ ,.,. ,. --. V November 12,2004 Page -2- ISSUES 1. Can the City of St. Joseph challenge the students' votes under the residency voting requirements under Minnesota law? 2. Can the City of St. Joseph move its elections to a different time of the year or to odd numbered years? LAW 1. Student Right to Vote at Location of College. Legal residence for voting largely depends on the voter's intent as to the location of residence. No general rule unifonnly resolves residency questions, even though the statutes provide some guidance. Generally speaking, if someone challenges an individual's right to vote, the individual's expressed intent as to their pennanent residence controls, and therefore entitles them to a vote. In other words, an individual must be allowed to vote if they express an intent that a paIiicular location is their pennanent residence, subject to any other voting registration requirements. According to League of Mimlesota publications, cities often ask if the residence of college students ii the home where they live when school is out of session, or the location of the college they are attending. The answer to this question depends on the intention of the individual voter. In other words, where a student may claim legal residence at either the college or their home is detennined by the intention of that student as to his or her intent to make it their residence, Minnesota case law has not addressed the residency requirement with respect to college students and the voting process. However, other state courts have addressed this concern. This case law from other states goes both ways and is not very helpful in detennining the question with respect to Minnesota voting requirements. In a number of states, students in college were held to have changed their residence for voting purposes to the community in which they went to school. Yet, courts in other states have detennined that students in colleges did not voluntarily change their place of residence to the college community for purposes of voting. The case law from other states is not helpful in detennining the question with respect to Minnesota voters since tl1is case law interprets the law of each state in which the matter was decided. Accordingly, the question with respect to Minnesota students must be answered by analysis of Minnesota law on voting. . V November 12, 2004 Page -3- Minnesota allows same-day election registration. (Minn. Stat. §201.061, Subd. 3). This statutes provides that an individual who is eligible to vote may register on election day. The individual may prove residence for purposes of registering to vote by: 1. presenting a drivers license or Minnesota identification card; 2. presenting any document approved by the Secretary of State as proper identification; 3. presenting one ofthe following: a. a current valid student identification card from a post-secondary educational institution in Minnesota, if a list of students from that institution has been prepared under Section 13SA.17 and certified to the County Auditor in the· manner provided in rules of the Secretary of State; or b. a current student fee statement that contains the student's valid address in the precinct, together with a picture identification card; or 4. having a voter who is registered to vote in the precinct sign an oath in the presence of the election judge vouching that the voter personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. Minn. Stat. §20 1.1611 also provides that: "all post-secondary institutions that enroll students accepting state or federal financial aid shall provide voter registration fonns to each student as early as possible in the fall quarter. . . the· institutions. . . may request these fonns from the Secretary of State. Institutions shall consult with their campus student government in detennining the most effective means of distributing the fonns and in seeking to facilitate election day registration of students under §201.061, Subd. 3." This statute also provides, under Subdivision 2, that a copy of each complete voter registration fonn must be sent to the County Auditor of the county in which the voter maintains residence or to the Secretary of State as soon as possible. It is clear that Minnesota law allows for students to vote in the precinct where their college is located. However, the student must show that this is the location where they maintain their residence. Residency is based on the intent of the individual, and therefore, it would be extremely difficult to attack this on legal grounds. In conclusion, state law does provide the right for students to vote at the location of their college. It would be very difficult to challenge the rights of students to vote at their college location given the current statutory scheme. Since residency is a matter of intent, it would be difficult to challenge a . student's right to vote based on the fact that they are not a pennanent resident. V November 12, 2004 Page -4- 2. City's Right to Move Time of Elections. Under Minnesota Statutes §200.02, Subdivision 8, a "City" means a home rule charter or statutory city. A "Municipality" means any city or town. Minn. Stat. §200.02, Subd. 9. "Municipal election" means an election held in any municipality at which the voters of the municipality nominate or choose by ballot any public officials for the municipality or decide any public question relating to the municipality that is lawfully submitted to them. Minn. Stat. §205.01, Subd. 2. In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in Chapter 205, except that sections 205.065, subdivisions 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 and 3 do not apply to a city whose charter provides the manner of holding its primary, general or special elections. Minn. Stat. §205.02, Subd. 2. Additionally, the municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Notwithstanding any provision oflaw to the contrary and subject to the provisions ofthis section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd-numbered year. See Minn. Stat. §205.07, Subd. 1. A city may hold elections in either the even-numbered year or the odd-numbered year, but not both. ld. When a city changes its elections ftom one year to another, and does not provide for the expiration oftenns by ordinance, the tenn of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shaIl serve for tenns of four years and the individual receiving the third highest number of votes shaIl serve for a tenn of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the tenns of incumbents and those elected at the initial election. The tenn of office for the mayor may be either two or four years. The tenn of office of council members is four years, Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shaIl be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made. ld. An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum 011 the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total . V November 12, 2004 Page -5- number of votes cast inthe city at the last municipal general election. Ifthe requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. Ifthe petition is filed, the governing body may reconsider its action in adopting the ordinance. Minn. Stat. §205.07, Subd. 3. Based on the above law, the city ofSt. Joseph could move its elections to the odd years under Minn. Stat. §205.07. However, before doing so, the City Council should articulate the reasons why they would like to do this based on the best interests of the community as a whole. CONCLUSION State law provides that students may vote at the location oftheir college, so long as they meet the appropriate residency requirements and other requirements of the state voting law. It would be difficult to challenge the rights of students to vote within the City of St. Joseph given the current statutory scheme. Minnesota law allows a City to move the time of an election to odd numbered years. The City may pass an ordinance to this affect so the local election could be held in odd numbered years. This ordinance would be subject to a referendum if the appropriate number of signatures on a petition is made pursuant to Minn. Stat. §205.07. If the elections are moved to an odd numbered year, the City Council should articulate reasons why it is in the best interest of the City to have the elections in an odd numbered year. If you have any questions pertaining to this, please call. Sincerely, RAJKOWSKI HANS MEIER LTD. I' ì Þ i c'iJ / I i /; / ' /I t It {I/'!N' A/ , j . '-', l' ¡ By / /__,,-_/ C Thomas G.Jovanovich TGJlbaw . [I Minnesota Department of Transportation ~ "'0 ~ ~ Tel: 218/828-2460' i ¡ District 3 ~OFTfl.ÞO~~ 7694 Industrial Park Road Fax: 218/828-2210 Baxter, MN 56425-8096 Toll Free: 1/800/657-3971 November 8, 2004 RFCEIVED NUV 1 0 2004- CITY OF ST. JOSEPH Dear Transportation Partner: The Minnesota Department of Transportation District 3 (Mn/DOT) Office and the St. Cloud Area Planning Organization are hosting a public meeting to share information on the Mn/DOT District 3 Draft 2008-2030 Long Range Transportation Plan. This meeting is a follow-up session to the meetings held earlier this year. The meeting is scheduled for Friday, November 19, 2004 from 1 p.m. to 3 p.m. in the Sinclair Lewis North/Central Ròoms of the Mn/DOT District 3 Office located at 3725 - 12 Street North in St. Cloud. You are invited to participate in this meeting, which is one of four regional meetings to be held throughout the District. As Bob Busch, Transportation District 3 Engineer, noted, "Transportation needs in central Minnesota continue to outweigh avai1able funding. With limited state transportation funding available and Mn/DOT's focus on preservation rather than expansion, we did our best to strike that balance between system preservation and addressing safety and congestion needs." Mn/DOT officials will open the meeting with a presentation on the District Planning process and address the area's growth, congestion and safety issues. In addition, information will be presented on the region's transportation needs and the District's investment plan, which will guide Mn/DOT's investment decisions on the highway system for the next 25 years. I hope you will consider participating in this meeting to provide your input and perspective on transportation issues. Please contact me at (218) 828-2471 or toll free at 1- 800-657-3971 should you have questions or require any special accommodations. Feel free to invite others who may be interested in attending. Sincerely, ~/ø# Steven. J. Voss District Planning Director . An equal opportunity employer