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HomeMy WebLinkAbout2005 [04] Apr 21 {Book 33} CITY OF ST. JOSEPH . www.cityofstjoseph.com st. Joseph City Council April 21, 2005 6:00 PM 1. Call to Order Administrator 2. 6:00 PM - Closed session to discuss the potential land acquisition for the Water Judy Weyrens Filtration Plant and Well Field. 3. 6:20 PM - Council Workshop - Discussion on potential sewer/water expansion Mayor Richard Cdrlbom 4. Adjourn Councilors 0000000000000000000000000000000000000000000000 AI Rassier St. Joseph City Council Ross Rieke April 21, 2005 Renee Symanietz 7:00 PM Dale Wick 1. Call to Order 2. Approve Agenda . 3. Consent Agenda a. Minutes - Requested Action: Approve the minutes of April 7, 2005 b. Bills Payable - Requested Action: Approve check numbers 35660 - 35700 4. Public Comments to the Agenda 5. Rock Properties Request to relieve a portion of the rental license suspension 29 Minnesota Street East 6. Police Chief Reports a. Ordinance Amendment - Parking Ordinance b. Ordinance Adoption - Weight Restrictions 7. Mayor Reports 8. Council Reports 9. Administrator Reports a. Gambling Ordinance b. Resolution to Stop the Hate c. Other Matters 10. Adjourn . 2.)" College Avenue North· DO Box 66s . Saint. Joseph. Minnesota )"6)74 Dhone ,2.0.,6,.72.01 Fa x )2.0.,6,.0,42. · ST. JOSEfIH CITY COUNCIL A'RIL 21, 2005 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS 1. If 0J~r £ch \~f~ L.I / {59 G<lrc!-f.., ß-O\ k PI- 5N- K R Ofì¡~ 5'6371 2. 3. 4. 5. 6. 7. 8. · 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. · Draft April 7, 2005 Page 1 of 3 . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 7, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. City Representatives Present: Public Works Director Dick Taufen Approve Aqenda: Wick made a motion to approve the agenda with the following change: Add 6 (c) Special Meeting Add 9 (a) Compost Area Add 9 (b) Gambling Ordinance The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Rassier made a motion to approve the consent agenda as follows with a change to the Minutes of March 3. a. Bills Payable - Approve check numbers 35565-35655 b. Minutes - Approve the minutes for March 2005. c. Fireworks Permit - Authorize the Administrator and Fire Chief to execute a permit for a fireworks display to be held on April 22, 2005 in conjunction with the inauguration of the College President. d. Ordinance Amendments - Approve the amendments to the Sign Ordinance regulating height and landscaping and the Commercial and Industrial Zoning Districts relieving . Planning Commission approval for minor additions. e. Ordinance Adoption - Accept the recommendations of the Planning Commission and adopt the R4 Ordinance with modifications to the development plan. f. Gambling Exemption - Accept the Gambling Application from the Church of St. Joseph for an event to be held July 3 - July 4, 2005. The motion was seconded by Rieke and passed unanimously. Public Comments: No one present wished to speak. Graceview Estates 3rd: Weyrens reported that previously the Planning Commission and City Council have reviewed and approved the Preliminary Plat for Graceview Estates. Once the Preliminary Plat is appiûve most developers with phase the development requesting final plat for small sections at a time. The Planning Commission has determined that if the Final Plat is consistent with the Preliminary Plat, they would not need to review the final plat. Weyrens stated that the Final Plat is consistent with the Preliminary Plat. Authorization approving the Final Plat should also approve the Development Agreement. Wick questioned if any trees will need to be removed on lots adjacent to Klinefelter Park. Graceview Estates Developer Rick Heid responded that it is his intent to keep as many trees as possible. Wick also questioned how the new yth Avenue will connect to the existing road as it appears as existing homes in the Township may not have access. Heid responded that the new yth Avenue will be extended to meet the existing road until the next phase is built. All homes in the Township will have access. Bettendoti responded that the temporary extension of yth Avenue will be included in the Development Agreement. Rassier made a motion authorizing the Mayor and Administrator to execute the Final Plat for GraceviewEstates 3 and to finalize the Developer Agreement. The motion was seconded by Wick and passed unanimously. . Draft April 7, 2005 Page 2 of 3 CITY ENGINEER REPORTS . Water Filtration Update: Bettendorf presented the Council with an exhibit showing the proposed area to be purchased for the new Water Filtration Facility. Leo and Theresa Glatzel currently own the property being discussed. The subject property is approximately 50 acres and is located near 1-94 and County Road 2. Bettendorf stated that he has been working with property tax records and drafting a proposed site plan for the facility. The tests results have all indicated that the water is plentiful and good quality. Bettendorf stated that the entire piece of property could handle a plant capacity of 412 million gallons/day. Initially, the City is looking to construct a facility with a capacity of 112- 2 million gallons/day. Carlbom questioned how much land would be needed for the size facility that will be constructed. Bettendorf stated that 13.64 acres would be plenty, however it would be best to buy the entire parcel and have control over the area. Wick questioned what would happen to the hay field that is not being used. Weyrens stated that the City would allow the farmer to lease that land from the City and continue using it as a hay field. Bettendorf stated that he is seeking authorization to start the design work for the plan. The design work will include a cost estimate for the facility and total land price. Rassier made a motion authorizing SEH begin working on the design of the water treatment facility and prepare costs estimates for the land and facility. The motion was seconded by Wick and passed unanimously. Special Meetinq: Bettendorf requested that the Council establishing a date for a closed meeting for the purpose of discussing land acquisition for the water filtration plant. The Council established the closed meeting for 6:00 PM, April 21, 2005. MAYOR REPORTS . District 742 Buildinq Facilities Committee: Carlbom stated that he attended District 742 Facilities Planning Committee along with Councilor Wick. The main focus of the Committee so far has been to discuss land range planning for the entire district. At the next meeting of they will focus on the needs of St. Joseph CSB President: Carlbom stated that the inauguration for the new President for the College of St. Benedict will be April 17 -22. COUNCIL REPORTS RIEKE EDA: Rieke reported that the monthly EDA Activity report has been included in the packet as information. RASSIER Planninq Commission: Rassier stated that the Planning Commission met and accept plan reviews for an expansion to Lee's Ace Hardware and the Benedicta Arts Center. As the plans were complete, the Building Official will work with the property owners to issue the required permits. Board of Appeals Meetinq: Rassier stated that they held the annual Board of Appeals meeting. No one attended. Historical Society: Rassier reminded those present that the Historical Society continues to display their artifacts at the First State Bank of St. Joseph. . Draft April 7, 2005 Page 3 of 3 . WICK Park Board: Wick stated that the DNR grant application has been completed and forwarded for consideration. The grant requested funding assistance to provide bathroom facilities at Northland Park. It is anticipated that the DNR will receive between 100 and 120 applications and will have funding for only 20%. The Grant is highly competitive and if the City is not successful the first time, a second application will be submitted. Sales Tax: Wick reported that he went to the Capital to lobby for the sales tax and testified in the House. Originally the hearing was scheduled for 10:00 AM, but the hearing was delayed until late afternoon. ADMINISTRATOR REPORTS Compost: Weyrens stated that the compost site will be opening on April 15, 2005 and permits will go on sale on Friday, April 7, 2005. She stated that the Council will need to decide whether or not they want to continue to allow both St. Joseph and St. Wendel Townships to use the compost. Currently, the City of S1. Joseph is the largest user, followed by S1. Wendel Township and then S1. Joseph Township. Within the near future the City will have to look for land for a larger site or reconsider the use of the compost area by the surrounding jurisdictions. Taufen stated that this year they may want to continue to allow the Townships to participate, but look at other options for the future. Weyrens stated that she would send a letter to the Townships informing them that if they wish to continue to participate in the compost program they may be required to jointly purchase land for the new site. Gamblinq Ordinance: Weyrens reported that the current Gambling Ordinance limits organizations to one premise permit. Currently the City has two clubs that hold more than one license and one of the clubs is requesting approval for a third site. The Ordinance must be amended and additional information will be . provided at the next Council Meeting. Sauk River Watershed District: Weyrens reported that all but Waite Park and Cold Spring have executed the Resolution supporting the Sauk River Watershed Study. Both jurisdictions requested additional information and it is anticipated that they will sign the Resolution. Since more than 50% of the affected jurisdictions signed the resolution S1. Joseph will be signing the document as well. Wick made a motion to adjourn at 7:45PM; seconded by Rassier and passed unanimously. Judy Weyrens Adm in ¡strator I. CITY OF ST JOSEPH 04/19/05 3:28 PM Page 1 Bills Payable - Revised . Nbr Search Name Comments Amount FUND DEPART OBJ 035656 COMMISSIONER OF REVENUE Apr Reg 8, 8.1, 8.2 $2,149.38101 035657 EFTPS Apr Reg pay 8, Co $2,935.20 101 035657 EFTPS Apr Reg pay 8, Co $1,465.78101 035657 EFTPS Apr Reg pay 8, Co $5,059.07 101 035658 ING LIFE INS & ANNUITY COMPANY deferred comp pay $75.00 101 035659 PERA retirement pay Reg $6,223.37 101 035660 ACCLAIM BENEFITS administration $22.22 101 41430 137 035660 ACCLAIM BENEFITS administration $3.70 603 43230 137 035660 ACCLAIM BENEFITS administration $3.70602 49490 137 035660 ACCLAIM BENEFITS administration $14.81 601 49440 137 035660 ACCLAIM BENEFITS administration $11.11 101 45202 137 035660 ACCLAIM BENEFITS administration $11.11 101 41530 137 035660 ACCLAIM BENEFITS administration $33.35 101 42120 137 035661 ACCOUNTEMPS B Giefer 20 hrs $800.00 101 41530 300 035662 AFSCME COUNCIL 65 dues-April $295.20 101 035663 ALL CARE TOWING flat tire #4448 $27.34101 42152 220 035664 CAMERA TRADER film processing $15.20 101 42120 210 035664 CAMERA TRADER . photo processing $9.35 101 42120 210 035665 CENTRAL MCGOWAN Medical Oxygen $42.87 105 42270 210 035666 CITY OF ST. CLOUD sewer rental charg $12,733.38 602 49480 419 035667 FASTENAL COMPANY bolts $8.58 101 45123 210 035668· FEDEX Postage for Park gr $18.99101 41430 322 035669 GRANITE ELECTRONICS installed galaxy Jig $271.75101 42152 220 035670 INSPECTRON INC building inspection $9,625.00 101 42401 300 035671 JM GRAYSTONE OIL CO., INC gas-March $280.54 601 49440 210 035671 JM GRAYSTONE OIL CO., INC gas-March $280.54 101 45202 210 . JM GRAYSTONE OIL CO., INC gas-March $280.53 101 43120 210 JM GRAYSTONE OIL CO., INC UPS chrgs-March $25.32 602 49490 322 o 1 JM GRAYSTONE OIL CO., INC gas-March $83.44 105 42220 210 035672 KALINOWSKI, KATHLEEN S. 5 planning comm $175.00 101 41120 103 035673 KINKO'S printing of maps $17.94 602 49490 200 035673 KINKO'S printing of maps $17.93 601 49440 200 035674 KLEIN, ANN Reimburse for vest $409.50 101 42120 240 035675 LAW ENFORCEMENT LABOR SERVICES dues-April $222.00 101 035676 LEAGUE OF MN CITIES INS TRUST amend property $148.00 101 43120 361 035677 LEEF BROS march Clothing $125.15 601 49440 171 035677 LEEF BROS March clothing $125.16 602 49490 171 035677 LEEF BROS floor rugs towels-M $162.4B 101 41430 220 035677 LEEF BROS floor rugs-March $69.69 101 42120 220 035678 LESNICK, MARGE 3 Planning Comm $105.00 101 41120 103 035679 MACQUEEN EQUIPMENT water gauge, air & $301.83 101 43220 210 035679 MACQUEEN EQUIPMENT broom, side broom $1,654.46101 43220 210 035680 MIDWAY IRON AND METAL tubing, chain $102.13101 45123 210 035681 MINNESOTA TRAVEL MANAGEMENT Vehicle lease-#524 $858.08 101 42152 414 035681 MINNESOTA TRAVEL MANAGEMENT Vehicle lease #444 $835.76 101 42152 414 835681 MINNESOTA TRAVEL MANAGEMENT Vehicle lease #478 $897.45 101 42152 414 0356B2 MN FIRE SERVICE CERT. BOARD Recertfy-J Honer $15.00105 42240 433 )35683 MUNICIPAL DEVELOPMENT CORP eda contract hours- $2,056.99 150 46500 300 )35664 OFFICE DEPOT office supplies $6.43 101 41430 200 )35685 ONE CALL CONCEPTS, INC notification- $22.28 602 49490 319 )35685 ONE CALL CONCEPTS, INC notification- $22.27 601 49440 319 )35686 RAJKOWSKI HANSMEIER L TD Ordinances $936.50 101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD Council Meetings $869.00 101 . 41610 304 )35686 RAJKOWSKI HANSMEIER L TD Ace Hardware $100.00 101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD D Kremers $11.00101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD Arcon $20.00 101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD Sand Coso $44.00 101 41610 304 .6 RAJKOWSKI HANSMEIER L TO Bonding Issue $20.00 101 41610 304 6 RAJKOWSKI HANSMEIER L TD Union Contract $143.00 101 41610 304 )3 86 RAJKOWSKI HANSMEIER L TO Northland Heights $170.00 101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD SI. Bens $70.00 101 41610 304 )35686 RAJKOWSKI HANSMEIER L TD Park Issues $350.00 101 41610 304 CITY OF ST JOSEPH 04/19/05 3:28 PM Page 2 Bills Payable - Revised Check · Nbr Search Name Comments Amount FUND DEPART OBJ 035686 RAJKOWSKI HANSMEIER L TD Pondview Ridge $150.00 101 41610 304 035686 RAJKOWSKI HANSMEIER LTD Graceview Estates $160.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Rental/Rock Invest $230.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Noice Voilations $741.00 101 41610 304 035686 RAJKOWSKI HANS MEIER L TD Cty Rd 121 $ 1,032.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Arcon Dev $382.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Madison Park $160.00 101 41610 304 035686 RAJKOWSKI HANSMEIER LTD Criminal matters $2,064.00 101 42120 304 035686 RAJKOWSKI HANSMEIER L TD Momingside/Sand $120.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Lucas - '95 Chevy $60.00 101 42120 304 035686 RAJKOWSKI HANSMEIER L TD Cloverdale $22.00 101 41610 304 035686 RAJKOWSKI HANSMEIER L TD Audit Review $110.00101 41610 304 035687 RED'S AUTO ELECTRIC Repair unit #3-disc $101.20 105 42260 220 035688 RENGEL PRINTING Stray Dog Forms $64.18101 42120 200 035688 RENGEL PRINTING letterhead $162.64 101 41430 200 035689 RISK'S SAFETY CONSULTING CO. 8 CPR Refresher c $360.00 105 42240 443 035689 RISK'S SAFETY CONSULTING CO. 10 CPR Initial Clas $710.00105 42240 443 035690 ST. JOSEPH NEWSLEADER Firefighters display $24.00 105 42210 340 035690 ST. JOSEPH NEWS LEADER Flushing fire hydra $24.00 601 49430 340 035691 STEARNS COUNTY AUDITOR-TREAS auditor verification $75.00 101 41430 210 035691 STEARNS COUNTY AUDITOR-TREAS J Weyrens Notary $100.00 101 41430 433 035691 STEARNS COUNTY AUDITOR-TREAS 2005 Tax-Borgert I $3,102.54 101 41910 449 035692 TDS METROCOM telephone $41.43 101 41946 321 035692 TDS METROCOM telephone $41.43 101 41941 321 035692 TDS METROCOM telephone $177.86 101 45201 321 035692 TDS METROCOM telephone $85.20 602 49490 321 035692 TDS METROCOM telephone $43.88 602 49473 321 · 035692 TDS METROCOM telephone $43.87 602 49472 321 035692 TDS METRO COM telephone $27.32 150 46500 321 035692 TDS METROCOM telephone $45.72 601 49440 321 035692 TDS METROCOM telephone $94.47 602 49470 321 035692 TDS METROCOM telephone $41.43 602 49471 321 035692 TDS METROCOM telephone $280.04 101 42151 321 035692 TDS METROCOM telephone $202.82 101 41430 321 035692 TDS METROCOM telephone $86.41 105 42250 321 035693 TIREMAXX SERVICE CENTERS wiper blade ass em $26.94 101 42152 220 035693 TIREMAXX SERVICE CENTERS tire repair #16 $4.98 101 43120 220 035693 TIREMAXX SERVICE CENTERS tire for 6 wheel trail $32.02 101 43120 220 035693 TIREMAXX SERVICE CENTERS tire repair #16 $4.98 101 45202 220 035693 TIREMÞXX SERVICE CENTERS tire repair #16 $4.99 601 49440 220 035694 TRAUT WELLS Chlorine $9.59 601 49420 210 035695 UNUM LIFE INSURANCE disability insurance $447.04 101 035696 US CABLE intemet access-Apr $40.55 105 42250 321 035697 UTSCH, GERALD 6 planning comm-1 $210.00 101 41120 103 035698 VERIZON WIRELESS cell phone $149.90 101 42151 321 035698 VERIZON WIRELESS cell phone $14.96 602 49490 321 035698 VERIZON WIRELESS cell phone $14.96 601 49440 321 035698 VERIZON WIRELESS cell phone $7.48 101 43120 321 035698 VERIZON WIRELESS cell phone $18.19 101 41430 321 035698 VERIZON WIRELESS cell phone S7.48 101 45202 321 035699 WSB & ASSOCIATES, INC Field Street Study $3.559.25 435 43120 530 035700 XCEL ENERGY St Joe Recreation- $727.69 101 45125 530 $70,337.30 · . I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION Rock Properties - Request to Relieve Suspension Period DATE: April 21, 2005 Administrator ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Rock Properties - Request to relieve a portion of the suspension period PREVIOUS ACTION The City Council on March 2, 2005 suspended the rental license for four months for 29 East Minnesota Street. As you are aware, the matter has been before the Court system and the eviction has yet to happen. As soon as we get a ruling we will forward that to the City Council. . RECOMMENDED COUNCIL ACTION ~ FISCAL IMPACT COMMENTSIRECOMMENDATIONS The Rental Ordinance makes a provision that a property owner may petition the Council for reinstatement of their rental license half way through the suspension period. Rock Properties has requested to begin this consideration. ill the packet is a letter from Rock Properties stating that they intend to meet with each Council Member. This proposal could be considered a serial meeting and a violation of the open meeting law. Therefore the discussion requested must be done at a public meeting. The Council may wish to take the matter under advisement or provide direction. Enclosed in the packet is a copy of the Ordinance they are referencing. . II Rock Investmentsu.c Brock Ketcher Roger Schleper · ~ Brown Ferris PropertiesLLc TEL: 320·980·7625 EO. Box 7184 · St. Cloud Mn 56302 FAX: 320-230-2701 April 13, 2005 City of 8t Joseph 25 College Ave N 8t Joseph, Mn 56374 City Council ofSt Joseph: We would like to petition the Council of 8t Joseph to reconsider the license suspension of 29 East Minnesota Street. Prior to the petition hearing, we would like to meet with each council member to find out what they would like to see ITom us in order to reinstate our license. We will contact each member to schedule an appointment. Any questions or concerns may be directed to Roger Schleper. His phone number is 320-980-7625. · Thank You, Ie If j, , ¿ /~-~ ',tfJ~/"1 1 ./ ~ Roger Schleper Rock Investments Po 7184 8t Cloud, MN 56302 · CHAPTER V - BUILDING, LAND USE & REGULATIONS .! Subd. 6: Inspection Condition. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to this Ordinance. Subd. 7: Posting of License and Notice. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entry way or other conspicuous location therein the current license for the respective multiple dwelling. Every licensee shall cause to be conspicuously posted in every rental unit, a notice containing information as prescribed by the City Council. The notice shall be provided to the owner at the time ofissuance of the licensee. Subd. 8: License Not Transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person sùcceeding to the ownership or control of such rental L dweIIing or dwellings. Subd. 9: Oc<:upancy Register Required. Every owner of a licensed rental dwelling shall keep, or caused to be kept, current register of occupancy for each dwelling unit which provides for the following information: a. The dwelling unit address; .' b. Number ofbedrooms in the dwelling units; c. Name of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling unit; d. Dates renters occupied and vacated dwelling unit; e. Chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions ofthis ordinance; and f A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the compliance officer or a St. Joseph Police Officer at all reasonable times or in the event of an emergency. Subd. 10: Suspension or Revocation. Every operating license issued under the provisions of this Ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed rental dwellings and units therein in compliance with the provisions of this Ordinance, or any . other Ordinances of the City of S1. Joseph and/or the laws of the State of Minnesota, or conditions exist or activities occur at the rental dwelling in violation of ordinance or law. The 55-15 CHAPTER V - BUll.DING, LAND USE & REGULATIONS eJ operating license may be subject to suspension or revocation for the first violation, without the . necessity of knowledge by the owner or warning that the property is operated or maintained in violation of ordinance or law. In the event that an operating license is suspended OJ revoked by the City Council, it shall be unlawful for the owner or the duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as an operating license may be restored by the City Council. When a rental license is revoked or suspended, the property shall be vacated as of the effective date of the revocation or suspension and remain vacated until restoration of the license. In the case of a suspension, restoration shall occur automatically at the end of the suspension period. In the case of revocation, restoration of the license shall occur only after the owner of the premises bas made application for a new license, and paid a new application fee. The new license may then be issued upon completion of the revocation period. No suspension or revocation of a rental1ìcense sball occur until tbe licensed owner has been afforded an opportunity for a hearing to be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota Statutes, This hearing shall be evidentiary in nature and conducted before the St. Joseph City Council which shall determine whether an ordinance or statutory violation did occur, warranting revocation or suspension of the rental1icense. The determination of the City Council shall be fInal and subject only to any rights of review or appeal to the state courts as provided by statute. The licensed owner must affirmatively request an evidentiary hearing by writing to be received by the City Administrator/Clerk no later than seven days prior to tbe date e: on which the Council is to consider the violations. If request is not made, the right to an evidentiary hearing is deemed waived and the City Council may presume the truth and accuracy . of the violations alleged and proceed to disposition at the time of the hearing. Where the City Council determines that an Ordinance or statutory violation has occurred warranting suspension or revocation, the rental license shall be suspended or revoked for a period of not less than two months nor more than 12 months. Execution ofthe suspension or revocation may be stayed by the Council on such reasonable conditions as established by the Council, including but not limited to, the payment of a civil penalty not to exceed $1,000.00, Upon the completion of one half ofthe period of revocation or suspension imposed by the City Council, the licensed owner may petition the City Council for early restoration of the rental license. Upon receipt of the petition, the licensed ownerls request shall be heard by the City Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request). At that time, the City Council may order a restoration of the rental license if the licensed owner establishes by clear and convincing evidence that one of the following two circumstances then exist: 1) The property has been sold since the occurrence of the original violation to a party unrelated to the original owner. The sale must be for a fair consideration, negotiated at armis length, and by Deed duly filed for record at the office ofthe County Recorder. A sham or Ilpaper" transfer of title to tbe property to a related party or another party acting in cooperation with the owner for the purpose of e circumventing the license revocation shail not constitute a transfer for purposes of this Ordinance. . 55-16 CHAPTER V - BUILDING, LAND USE & REGULATIONS .¡. 2) The licensed owner demonstrates to the City Council that he has properly responded to the revocation or suspension, that measures have been taken to successfully correct the violation which originally resulted in suspension or revocation, and that additional steps have been taken to assure that similar violations not occur in the future. Factors to be considered by tbe Council, may include: improvements and repairs to the premises, modification of the relevant lease provisions, selection of future tenants, response to citizen's complaints, provision for future supervision of the premises by the licensed owner, the licensed owner1s compliance with the revocation/suspension, and such other criteria as the Council considers relevant to each individual case. Where the licensed owner is able to establish by clear and convincing evidence grounds for restoration, the Council may stay the execution of the remainder of the suspension or revocation period for a period of up to one year and place reasonable terms and conditions upon the licensed owner as may be relevant to furt.her insure compliance with the Ordinances of the City of St. Joseph and laws o£the State of Minnesota . Subd. 11: Denial of Renewal. a) Every operating license issued under the provisions of this Ordinance is subject to non-renewal by the City Council should the licensed owner or his/her duly .1 authorized resident agent fail to operate or maintain the licensed rental dwelling and units therein in compliance with the provisions of the Ordinances of the City of S1. Joseph and the laws ofthe State of Minnesota. b) The owner of property for which the renewal of a licensee has been denied may request a hearing before the City Council challenging the decision of non- renewal. The right to demand a hearing must be exercised by the Owner within seven (7) days of notice of non-renewal or the hearing is deemed waived. The hearing shall be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota Statutes. c) In the event of non-renewal, the owner may not reapply for a rental license for a period of eleven (11) months from the date of non-renewal, unless the owner establishes to the City Council by clear and convincing evidence the existence of one of the two circumstances set forth in Section 55.11.12(d) (1) and (2). Section 55.12: ENFORCEMENT AND INSPECTION AUTHORITY. TheBuílding Inspector and his designate agents shall be the Compliance Official who shall administer and enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours and the Compliance Official shall present evidence of official capacity to the .! occupant in charge of a respective dwelling unit. 55-17 t¡rtY·Q~Sl}Jt)$Ê<;;í¥ft -. . . .A~ "~'''~?~''~:>:':''<'X~K%'Ü:;-;:<~'~':&%¡¿.;a_';;>:~::r«2:«'~:;K;'''~~<U'.a;.U:::'<'f~'<.X,~I:~KBW-:;~ MelllOrandwn To: Judy Weyrens CC: From: Peter E. Jansky., Chief of Police Date: 04/19/05 Re: Update Ordinances I would recommend the following changes with our parking ordinances. The changes are needed to assist the Police Department in enforcing parking problems that are happening in the community. Under Ordinance 83, I would add the following: . OVERNIGHT PARKING. No trailer or other object shall remain parked for more than forty-eight (48) hours upon any street or alley. Any trailer, which is moved less than one (1) block, shall be deemed to have remained stationary. It is unlawful to remove any mark made by a police officer to determine the length oftime a trailer, or other object remained parked. Under Ordinance 84, I would change the following, Sub 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in anyone place for a longer continuous period of twenty four (24) hours, and any vehicle which is moved less than one (1) block shall be deemed to have remained stationary. It is unlawful to remove any mark made by a Police Officer for determine the length oftime a vehicle, trailer or other object remained parked. I would also add the language must be moved one block to Sub 3. This would take care of the persons who just move their vehicles forward as to cover the chalk mark. (Ð' :¡ - ~ . . ñ . POLICE .. . ~- 1 . Ordinance No. CITY OF ST. JOSEPH STEARNSCOUNTY,M~SOTA AN ORDINANCE ESTABLISHING WEIGHT LIMITS OF VEHICLES ON PUBLIC STREETS AND ESTABLISHING RULES AND REGULATIONS PERTAINING TO THESE VEHICLES. WHEREAS, pursuant to Minnesota Statue 169.87, Subd. 1, Operational Power, local authorities may, by ordinance, prohibit the operations of trucks or other commercial vehicles upon such highways under its jurisdiction or may impose limitations as to the weight thereof, on designated highways under it's control. WHEREAS, the purpose of this ordinance is to preserve the condition of the public streets within the City of S1. Joseph from serious damage and destruction by the excessive use of the streets by trucks and other heavily laden vehicles, to reduce the amount of loss and expenses to the taxpayers of the City of S1. Joseph for street maintenance and to reduce the amount of dirt, noise and other undesirable conditions . created by such traffic. NOW THEREFORE, The City Council of the City of S1. Joseph does hereby establish and ordain: SECTION 1. That CHAPTER IV of the City Code of the City of S1. Joseph be amended by adding thereto the following as Section 401.23: Section 401.23. Weight and Pausing Restrictions on City Streets. Subdivision 1. Definitions. The following teillls shall have meaning set forth herein: A. Each teilll used in this Section and defined in Minnesota Statutes, Section 169.01, has the meaning given it by that section. B. Restricted Streets or Alleys. Restricted streets or alleys shall include all of the public streets and alleys within the city of S1. Joseph, which are not otherwise designated as "Truck Routes." C. Truck Routes. Truck routes are hereby established as the following public streets of the City of S1. Joseph: 1. All State Highways 2. All Stearns County Roads Subdivision 2. Seasonal Weight Restriction. All motor vehicles, tractor trailers, or any machine or instrument that is driven, pulled, pushed, parked or driven by a motor vehicle having axle weights in excess of five (5) tons, are prohibited during the period March 15 through December 1. Subdivision 3. Exclusions. The provisions of Subdivision 2 shall not . apply to emergency vehicles, city vehicles, vehicles utilized in the collection of solid . wastes, school buses, home delivery vehicles (milk, ice cream, salt, heating fuel trucks), and utility vehicles and the same may proceed with normal operation on their regularly established routes and at all regularly established hours. Subdivision 4. Notification. The City Maintenance Person will be directed and is authorized to erect and maintain signs at the main entrances to the city streets affected establishing the weight restrictions as set forth in Subdivision 2. Subdivision 5. Parking or Stopping. No person shall park, stop or leave a standing vehicle or combination of vehicles larger than three (3) ton gross axle weight whether attended or unattended on any "Truck Route" or "Restricted Street or Alley" in the City of St. Joseph except by special permit issued by the St. Joseph City Council. Sllbrl i "i~i Gft'""6. IJEng,. No pCfwn shall ha','e or allo'.\' a motor---.j,T§lì.iclo- engi-Re-tcY idle m resldennal dismcts of this CÌly for longel lLo.1i. thirty (30) minutes. }TO idling period ßhð.ll be rcpcated at shorter intcr/ale than five (5) homg. Subdivision 7. Enforcement. Any police officer having probable cause to believe that the total weight of the vehicle and load is unlawful is authOlized to require the operator of such vehicle to stop and submit said vehicle to a weighing at the nearest available scale. Subdivision 8. Penalties. Violation of this Section shall constitute a misdemeanor. . SECTION II. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. . LEAGUE OF MN CITIES 6512811296 P.02 MAR-22-2005 17: 12 . , ~ Classification ,f.Ç:re- .- . . _ 'f" Municipality" &~~ iMC Date ~~~~~ lMørtø ø/ MiIUf" em- 0 .. Cit1_~-'løtØlt Resetll'ch and Information Service 1 I Ordinance No. 2000-101.. CITY OF COU~'rLAND NICOLLET COUN.TV, MINNESOTA . . AN ORDINANCE ESTABLISHING WEIGHT LIMITS OF VEHICLES ON PUBLIC STREETS AND ESTABLISH,ING RULES .. ,', '..(',' ......" . ····ò.· ~.:,', .....Í'-::.;...~ .··.i AND REGULATIOl'iS PERTAINING TO THESE VEHICLES. WHEREAS, pursuant to Minnesota Statute 169.87, Subd. 1. Operationa.l Ppwcr. ~pI 'authorities ma:y, by ordinance, prohibit the operatiOns of trucks' or other commercial vehicles upon sucb highways undef its jurisdiction or ma.y impose limítations as to the .~eight there-of,. on designated highways un~r its con- . trol. . WH;EREAS. the purpose of this ordmance is to preserve the condition of the public· streetS within the City of Courtland from serious damage and destruction by ·the excessive_ use of the streets by trucks an4 oth~r heavily laden vehicles, to reduce the amount of loss and expenses to the taxpayers of the City of Courtland for street Iriaîntenance and to reduce the , amount of dirt, nòise· and other ~desir-. - able conditions created by such traffic. ' . . . NOW THEREFORE. The City Counci1 of the City of Courtland does hereby .. .. . establish and ordain: . SECTION 1. That CHAPTER IV of the City Code of the City of Courtland be amended by adding thereto the following as Séction 401.23: . Section 401.23. Weight and Pausing .Restrictions on Cíty Streets. Subdivision 1. Definitions. The following terms shaH have meañing set forth herein: , A.. Each· term used in this Section and defined in Minnesota Statutes. Section 169.01, has the meaning given it by that section. . B. Restriçted Streets Of" Alle.ys, Restrjcted streets or alleys shaJi include .. all of the pubJíc streets and alleys within the City of Courtland.. Which are not othw erwise desígnated as '"Truck Routes." C. Truçk Routes. Truck routes are ~ereby established as the f?Uowing publiç streets of the City of Courtland: .L All State Highways z... All Nícollet County Roads 3.· Third Street South ftomState Hìg.hway 14 to i~e elevator . . . '''~t· \ MAR-22-2005 17: 13 LEAGUE OF MN CITIES 6512811296 P.03 . . . ..- r~c Classification '. Municipality . Date I-grw ø/Miø~ Otiu ,. au.- 1TØffU1Üng ~ Reiearclt and Information Sef1lÎce Subdivision 2. Seasonal Weight Restriction. All motor vehicles, tractor trailers, or any rnac.:hine or instrument that is driven, pulled, pushed, parked or dri- ven by a motor vehicle having axle weights in excess of five (5) tons, are prohibit- ed from b~ing operated on city streets iden~ified as. "Restricted Streets or Alleys.1t . during the period March 15 through Dec~mbeT 1. . . Subdivision 3. Exclusions. The provisions of Subdivision 2 shall not. - ~,". ",. :. ,,"~ ' ..... apply to emergency vehicles, city vehìctes, vehiCles utilized in the collection of .:.~;).. ;. . ','r" .... solid wastes, school buses, home delivery vehicles (milk, ice cream, salt, .heating fuel trucks), and utility vehicles and the same may proceed with normal o~ration On their reguJarly established routes and at <'.Ill regularly established hours. . : '. .. Subdivision 4. Notification. The City Maintenance PeisQn will be directM ed and i¡; authorized to erect and maintain signs at the main enlrances to the city streets affected establishing th~ weight restriction.s a~ set forth in Subdivisiøn 2. Subdivision 5. Parking or Stopping. No person shall park, stop or leave . a standing vehicle or êombination of vehicles large than thTee (3) 'ton gross axle weight whether attended or unåttenàeà on any "Truck Route" Qr "Restricted Street or ~lIey" in the City of Courtland èxcept by special permit issued by the Courtland City Council. . . . Subdivisíon 6. Idl)ng. N~~tfri shal' have or allow a ·motor vehicle , engine to idle in residential Øistricts of ,this City for longer than thirty (30) min.. utes. No idling period shall be repeated at shorter intervals than five (5) hours. Subdivi.sìòn 7. Enforcement. Any pòlice officer having probable cause tQ believe that the total weight öf the vèhiçle and load is unlawful is authorized to . . require the operator of such vehicJe·to stop .and submit said vehicle to a weighing at the nearest available scale. . . SubdIvision 8. Penalties. Violation of this Sectiòn ~hall constitute å mis- demeanor. . . ~}. ')' . ~:-~ . ~.~: . .,/....: '.~ :,-: . "~~" , ':' :~:' .:".::'..: ,,'::' ~~r;·~ :~ .. .~.; ...~ ,;"-.¥. ~::' .: ...::.-", .-. : SECTION II. Effectìve Date, This ordinance shaH take effect and be in force from and after its passage and publìcation. . Adopted and approv~ this 3rd day- of Febroary 2000. . . .. Gene ·Retka S . Mayor. Bonnie Hubert 555 City Clerk . 5Lc ,..., . CITY OF ST. JOSEPH · ORDIANCE NO. AN ORDINANCE PROVIDING FOR MAXIMUM WEIGHT LIMITATIONS ON DESIGNATED STREETS WITH THE CITY OF ST. JOSEPH AND PRESCRIBING PENALTIES FOR VIOLATIONS The City Council ofSt. Joseph ordains: Section 1, Authority Granted. Pursuant to M.S. 169.87 Subd. 1. Optional Power, Local authorities may, by ordinance, prohibit the operation of trucks or other commercial vehic.les upon any such highway under its jurisdiction or may impose limitations as to the weight thereof, on designated highways under its control. Section 2, Purpose. The purpose of this Ordinance is to regulate the use of city streets and public thoroughfares with respect to all manner of hauling activities, which due to excessive operating weight may tend to adversely affect the useful life of such streets. Section 3, Restriction. All motor vehicles, tractor trailers, or any machine or instrument that is drive, pulled, pushed, parked or driven by a motor vehicle, except emergency and city vehicles and vehicles utilized in the collection of solid wastes having axle weights in excess of four (4) tons, are prohibited from being operated on city streets identified. The gross weight of vehicles shall not exceed 8,000 pounds on any single axle. · Section 4, Exclusions. This Ordinance shall have no application upon any streets located in the City of St. Joseph not owned or maintained by the City of St. Joseph. Section 5, Weighing. Any police officer having probable cause to believe that the total weight of the vehicle and load is unlawful is authorized to require the operator of such vehicle to stop and submit said vehicle to a weighing at the nearest available scale. Section 6, Permit. The City Administrator or designee may, upon application, issue a permit for use of such streets upon such condition that the applicant assumes all responsibility for damage caused to the designated route by such excess load and agrees to reimburse the city for all reasonable and necessary expenditures to repair and replace the street to its former condition. A permit fee of $10.00 shall be charged or such other fee as set from time to time by resolution of the City Council. Section 7, Penalty. Any person, firm or corporation who commits a violation of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) plus the cost of prosecution in any case. Section 8, Effective Date. This Ordinance becomes effective upon its passage and adoption and from 30 days after is publication. · M8R-22-200S 17: 13 LE8GUE OF MN CITIES 5512811296 P.04 Classification &' G'~ E' LMC· Municipality i2..(1/+~~ Je l/ LicgU4 ø! M;mt~kz. CiSOJ: Date /¿;/7Pd'~-? Q'fiu promoting ~co Research antI Information Service qITY OF DEEPHAVEN Section 5, Weighing. Any police officer O~DINANCE NO. 5"25 having probabl/;: ¡;a\lSe! to believe that the AN ORDJNAt~CE PROVIDING-·FOR lotal ~eight of. Ule vehiCle nnd lòaä is unlawful ÍI; i:I\1thorized. to. require the .MAXIMUM WEIGHT LIMITATIONS operator of ¡;uc'n vdú.Cldö stop and su\). ON· DESIGNATED STREEtS VnTH roit said vehicle to a weighing at the near- .. THE CITY OF. DEEPHAVEN:AND est aYail~b1t: :;c¡¡le, PRESCRlBING PENALTIES FOR . VIOIATIONS Section 6, Permit. The City AdIIÚni~tra- The City Council: Of· DeE!}:Ib.aveD. tor pt de.<;igtlee may, upon appliclÜion; . i~s.u(! a. permit for use of such st!eets ord~inSj . . \lpon stich condition that Ï:be· applicant Section 1-, Authority G.¡-ant~d. Fu.r~\liITlt as.<;umes all responsibility [or damage caused to the designated route by ,such to M,S. 169.87 Subd· l,·Optional Power, exc~ load and agree$ to relmhux!;e th~ ~<;al authorities muy. by ordinaoce, pro- Çìry for aU r~asonable Qnd !leœ¡;¡;¡¡ry hl.olt the operation of IruclŒ or.~ other expenditures to repair and rtplaCê the commerCial vehicles upon áI1y sÜdi high;· .5trc~t .to its former condition. ·A permit ,:"ar \I~der its jurisdiction òr maÿ imPose feç of $10.0.0. shaH be charged or such . ¡mutations as tò tnc wei<>ht thèrc:t¡( on other fee tiS set from time to time by rc:::s· cb:.ignatw ìiighw¡\y~ und;r its contr;r. olution of the Cily Council. . ~~on 2, P~ose. The ~urpo.7e of thi:; Section' 7, Penalty. Ár..'y. p»Json, firm· or Ordll1~nçe is tu r~gu ¡Jtç the use of city coroorlllion ·whò commit¡; <I violation of . thiS Ordinance sball be guilty of-a mi$à¢- . .rtreet¡;· and publlc thoroughfõlre.s with . . . Tes~ to all ma!1Ile~ of hRlúing activitiC5,· meanor, Md upon c::onvictìon thereof which duè to t:1<CesSlvc operating ":veig-þt shal.! be pW1Ìshed·by"a fin.e not to ~.ee<.1 t?ay tend to adver:>eJy affect the u.cdul Seven Hui1dÙd Dollari; ($700,00) plus the Me o.f .such ~trcets. cost of pro~ution in any Ca1!e. &.ction 3, Restriction. All motor vehi- S&tlon· 8, Effective Date.· Till,. Otdi- ~les, tractor trai!ers, Or any macmne or . i1aJlCe becomes dfective\ipon its ~g~ mstrl1m.ent that 1.5 drivt:I1, pulled; pwhtd, and adoption and ·from 30 days after ìt~ parked or driven by II motor vehicle, publication. e.xc:pt emergency and city vehicles and 1!assed by thè Council of the City of vehl<.:les utilized in the co1!ection·of 60lid . Wa.stCl; havìng axle·.weights in exœS}ô· of peephaven t1Ws 7th day of Octo~r) four (4) to~ ,are prohibited from bdnz Z002. . . ope~<1t\!d on CIty streets identified (IS th¡¡t Sign&!. by Mayor portIon of Cottagewood· Road Jocatcd Bowllrd BenlUs between: Mirmctonk<1· Bo\ùevard to thG Attest: Sandra R. Langley west Qnd Vint HiU Road to. the east. Tne:: City Clerk gross weight of vehicles shan z;¡ot c::Jæeed Publisbed in the ukeshore Weekly 8.000 pounQS on àny·sin¡:¡re axle, .. . News this 22i1d day of October, 2002. Section 4, Excl~sions. This OrdiI1lm~e shf\1l have no application upon finy strGets located in the City of Decp.!iavert n.ot oW.rì\:d or maintairtccl by the City of Deephaven. . . - . . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Gambling Ordinance DATE: April 21, 2005 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Gambling Ordinance PREVIOUS ACTION Administration received a request frama St. Cloud Charitable Organization for a premise permit. During review of the Ordinance it was noticed that the current Ordinance restricts each Organization to one premise permit. The St. Cloud group has since rescinded their application as the St. Joseph Recreation Association is looking at the same site. Currently the Rec Association has two premise permits, one at the La Playette and one at the concession . stand. They are also applying for a third site at Loso's Mainstreet Pub. The Jaycees currently hold two premise permits as well. RECOMMENDED COUNCIL ACTION The Council needs to determine ifthey want to limit the number of premise permits per club and if they wish to require a 10% donation for clubs holding more one license. FISCAL IMP ACT COMMENTSIRECOMMENDA TIONS I have discussed the possible Ordinance revision with a representative of the Jaycees and the Rec Association. The Jaycess indicated that their money goes back in to the Community in many different areas and they did not think a 10% donation would be an issue. They will take it back to the club if the Council moves forward. The Recreation Association does not want to make the additional 10% donation as it may cut into their funds for future renovations or improvements. . I think the Original Ordinance was written to provide for equal opportunity to service clubs. I have checked with other Cities and most of them require the 10% contribution to the City. The fund is a separate fund that is used for the betterment of the public at large. Our current Ordinance requires that 80% of the proceeds be expended in the "trade area". We have not required that organizations prove the . contribution to the City as most of the projects are visible such as street beautification and Wobegon Facility. The Current Ordinance requires that the contributions back to the City be "broad based". In looking at this Ordinance Amendment we should be looking at the desired out come, not on the current permit holders. If the St. Cloud Boxing Club would request a premise permit, they must be held to the same standards as the local groups. I have discussed this matter with Sue Dege from the Attorney's Office. She is still looking at alternatives but agrees that if multiple licenses are held by one Club a different level of contribution could be required. Additionally, the City should require an annual report to verify the contributions so if questioned it would be easy to produce a report. If the City decides to implement a 10% fee, it might be only to those clubs holding more than one license. Funds collected could be used as seed money to extend the Street Beautification project or some other community project. The funds collected could not be used for general operation cots. For your convenience I have included a copy of the two Ordinances I have received so far. Before Thursday I will forward a copy of the Sartell Ordinance as well. The Council should have discussion as to what items they want included in the new Ordinance: 1) Limitation on number of Licenses 2) 10% Contribution - for all license holders or for those holding more than one license 3) Reporting process for verification . . CHAPTER VI- GENERAL REGULATIONS S( _ JOS ê(J!1 . ORDINANCE 62 GAMBLING Section 62.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn. Stat. Ch. 349, relating to the definition of terms, licensing, regulation, investigation and enforcement of bingo, gambling, gambling devices and video games, and all other matters pertaining thereto, are adopted and made a part of this ordinance as if set out in full. Section 62.02: INVESTIGATION FEE. Any organization applying for a charitable gambling license, or renewing a license, shall pay an investigation fee in the amount as set by the City Council, not to exceed One Hundred Dollars ($100). Section 62.03: EXPENDITURE OF PROCEEDS. A licensed organization shall expend at least eighty percent (80%) ofit8 net proceeds from the lawful gambling fOf a lawful purpose conducted or located within the Cityls IItrade area II, which shall be defined as an area within fifteen (15) miles of the City limits. Section 62.04: PERMIT LIMITATION. No qualified organization shall be granted more . than one license, nor may an organization operate a charitable gambling outlet at more than one location or a single license. Section 62.05: PERMIT CRITERIA. The City shall not deny an application for permit or renewal without a proper reason or justification. When considering a permit application or renewal, the City Hall shall consider the following: Subd. I: Past compliance with the State law. Subd.2: Past compliance with local law. Subd. 3: Whether or not the benefit that the lawful use ofthe charitable gambling funds brings to the local community is broad based or for the benefit of needy non-members ofth.e organization, as opposed to aiding a very small number of individuals who are also members of the organization. Subd. 4: Whether Of not the organization has other gambling outlets within the area. Subd. 5: Whether or not the information contained in the application demonstrates the ability to operate the charitable gambling in a manner consistent with the provisions of state and local law. . Subd. 6: Whether or not the applicant has, in the past, demonstrated the ability to operate the charitable gambljng outlet within the provisions of the law. 62-1 CHAPTER VI - GENERAL REGULATIONS .: Subd. 7: Has the application been made in a timely fashion, with all necessary . information submitted. Subd. 8: Has the applicant been cooperative with respect to past investigation which was undertaken. Section 62.06: PENALTIES, In addition to the penalties set forth Ül the statutes, any violation of Minn. Stat. Ch. 349, as herein adopted shall constitute a violation of this Ordinance and shall be punishable as a misdemeanor. . . . . 62-2 ~. ~ "".,- c je.- ~/)i d::> ::Y'l/ ¿I}.... Page 1 of3 .~ .....' . r-' SECTION 4.12 GAMBLING DEVICES Subd. 1. Purpose. The purpose of this section is to regulate and control the · conduct of lawful gambling in the City of Sauk Rapids and to ensure the integrity of operations, and provide for the use of net profits for lawful purposes by setting criteria and standards related to the approval or disapproval of premise permits. Subd. 2. Definitions. Except as otherwise provided in this Section, the terms defined in Minnesota Statutes, Chapter 349, are incorporated herein by reference and shall be applicable to the provisions contained herein. A. Gross Profit. "Gross Profit" means the gross receipts collected from lawful gambling, less reasonable sums necessarily and actually expended for prizes. B. Net Profit. "Net Profit" means gross profit less reasonable sums actually expended for allowable expenses. Subd. 3. In General. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, shall be operated in accordance with the conditions prescribed in this section and other applicable provisions of Minnesota State Law and the Sauk Rapids Code of Ordinances. Subd. 4. Premises Permit. · A. Notice. The Minnesota Gambling Control Board shall notify the City Council, in writing, in the manner required by law of each pending application for a premises permit for a gambling site in Sauk Rapids. B. Approved or Disapproved. Each pending application for issuance or renewal of a premises permit shall be approved or disapproved by resolution of the City Council within sixty (60) days after receipt of the application. The City Council may disapprove an application for issuance or renewal of a premises permit for any of the following reasons: a. Violation by the gambling organization of any statute, ordinance or rule relating to gambling; b.Violation by the on-sale establishment, or other organization leasing its premises for gambling, of any statute, ordinance or rule relating to the operation of the establishment, including but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety; c. Failure by the gambling organization to make adequate · corrections in its organizational structure and procedures in response to an audit report; d. Where the operation of gambling at the site would be http://www.ci.sauk-rapids.mn.us/vertical/Sites/ {0431F973- 8F 1A -45B 9- BC40- 963 EF7BF7... 4/1812005 . Page 2 of3 detrimental to health, safety or welfare; or e. For any other good cause related to the operation of gambling or the business located on the premises. . Subd. 5. Filing of Records; Inspection; Access to Records. A. Every organization licensed to conduct gambling in the City of Sauk Rapids shall file with the City Clerk, on a quarterly basis, copies of all records and reports required to be filed with the Minnesota Gambling Control Board and Department of Revenue pursuant to Minnesota Statutes, Chapter 349 and the rules and regulations promulgated thereunder. B. Each organization licensed to conduct gambling in the City shall submit any additional information requested by the City. C. Any organization leasing premises for the conducting of lawful gambling shall file with the City a copy of the lease within one (1) week after execution of the lease. D. Every gambling event in the City of Sauk Rapids conducted by an organization under state license shall be open to inspection by officers of the City. E. The City may inspect, at any reasonable time 'vvithout notice or search warrant, aU records of a licensed organization required to be . maintained by the State Gambling Control Board. Subd. 6. Local Benefits. A. Each organization conducting lawful gambling within the City of Sauk Rapids shall annually contribute at least ten percent (10%) of its net profits from gambling to the City, the school dishict, or other non-profit organizations which substantially serve Sauk Rapids residents. An organization may apply to the City Council for a variance from the ten percent (10%) requirement. The Council may grant a variance if, in its discretion, the applicant demonstrates that, over the last two years, an extraordinarily high percentage of its net gambling profits have been contributed to the City, school district, or other non-profit organizations which substantially serve Sauk Rapids residents. B. Whether or not an organization serves Sauk Rapids residents shall be determined solely by the Sauk Rapids City Council. At the time of application, each organization applying for local approval shall inform the City Council, in writing, to which local organizations it will contribute said ten percent (10%), or evidence that in the immediately preceding years the organization did satisfy the ten percent (I 0%) requirement. e C. Any money remitted to the City shall be held in the Special Park Fund conforming to the requirements of Minnesota Statutes http://wv/\v.ci.sauk-rapids.mn.usívertical/Sites/ {0431 F973-8Fl A-45B9- BC40-963EF7BF7 ... 4/18/2005 Page 3 of3 Section 349.213. Said monies remitted to the City shall be paid semi -annually. . D. The City Council disapprove any pending application for renewal of a premises permit for any organization which fails to contribute ten percent (10%) of its net profits to the City, the school district, or other non-profit organizations which substantially serve Sauk Rapids residents as required by this Section. Further, the City may notifythe Minnesota Gambling Control Board of any organization which has failed to contribute ten percent (10%) of its net profits as required herein and may request that the Board revoke or suspend the organization's license during the license year. The above remedies are not exclusive, and shall be in addition to any other powers and remedies provided by law. Subd. 7. Minimum Net Profits. Á. An organization conducting lawful gambling in the City of Sauk Rapids shall have, for each calendar year, a net profit of at least ten percent (10%) of its gross profit from gambling less gambling taxes paid. Compliance with this section shall be determined annually on a per premises basis. B. The City Council may disapprove any pending application for the renewal of a premises permit for any organization which fails . to submit documentation to the City sufficient to show compliance with this Section. Subd. 8. Exemption. Organizations that conduct lawful gambling on five occasions or less during the year, so as to be exempt from obtaining a state license, are exempt from these requirements. . http://v.rww.ci.sauk-rapids.mn.us/vertical/Sites/ {043lF973-8FI A -45B9- BC40-963EF7BF7... 4/18/2005 ·'vVOí'?¿ ~l'l CHAPTERS VII & VIII GENERAL REGULATIONS . ORDINANCE 73 GAMBLING..... ..... ....... ........... ..................... ....... ............ ......... ...... .......... 73-1 Section 73.1. Background and Investigation ................................................................ 73-1 Section 73.2. Number of Licenses per Address ............................................................ 73-1 Section 73.3. Renewals..... ............ ......... ......... ....................... ........................... ............... 73-1 Section 73.4. Donation Required ......... ............ ......................... ..... ................ ............ .... 73-1 Section 73.5. Penalty. ....................... ..... ..................... ................ .....................................73-2 . . 73-0 CHAPTERS VII & VIII GENERAL REGULA nONS · ORDINANCE 73 GAMBLING Section 73.1. Background and Investieation. Any person or organization applying for a state license to conduct lawful gambling within the City shall submit to a background investigation conducted by the City. At the time it files its application for a license with the Charitable Gambling Control Board, the person or organization shall: A. Complete an investigation fOnTI provided by the City. B. Furnish any additional infonTIation required by the City. C. Pay an investigation fee as established in Appendix B. This fee shall be refundable if the application is withdravlIl and no investigation has been started before the City's receipt ofthis infonTIation. Subd. 1. Exemptions. No person or organization that is exempt from state license requirements shall be required to comply with these investigation requirements. Section 73.2. Number of Licenses per Address. The number of licenses per address · shall be limited to one (1). However, where the charitable organization applying for a license has its principal office in the same location where charitable gambling is conducted, the number of licenses per address shall be limited to two (2). Section 73.3. Renewals. If it detenTIines that the public interest so warrants, the City Council may require a similar investigation at the time of any license renewal. If the City Council orders an investigation, the applicants shall comply with the requirements for investigation, except the fee shall be smaller of the stated dollar amount or the actual investigation cost. Any difference between the stated amount and the actual amount shall be refunded to the applicant. Section 73.4. Donation Required. Any organization licensed to conduct lawful gambling within the City shall donate ten percent (10%) of its net profits from the conduct of lawful gambling to the City to be held in a separate fund for the bettenTIent of the citizens as provided by Minnesota statute. These donations shall be made to the City within fifteen (15) days of the end of each calendar quarter. For purposes of this Ordinance, the calendar quarter shall be deemed to end at 11 :59 p.m. on the last day of March, June, September and December. Subd. 1. Exemption. Organizations conducting lawful gambling within the City for which a gambling license is not required shall be exempt from donating ten percent (I 0%) of its net profits to the City. 73-1 · CHAPTERS VII & VIII GENERAL REGULA nONS . Section 73.5. Penalty. Any person or organization violating this Ordinance shall be guilty of a petty misdemeanor upon the ftrst offense and a misdemeanor upon the second and subsequent offenses. Amended 2/13/0] . . 73-2 RESOLUTION 2005-11 RESOLUTION TO STOP THE HATE AND PROMOTE RESPECT AND OPPORTUNITY FOR ALL · WHEREAS, People of diverse racial, economic, and religious backgrounds have chosen to make central Minnesota their home; and WHEREAS, Every person in the City of St. Joseph has a right to live, work and play in an environment that is welcoming and non-discriminatory; and WHEREAS, Central Minnesota has recently experienced hate through crimes of discrimination, vandalism, arson and graffiti; and :-- ·WHEREAS, Hate crimes injure community health and demoralize a community through the intimidation of people because of their race, color, creed, religion, national origin, marital status, disability, public assistance, age, sexual orientation or familial status; and WHEREAS, No community is immune to hate crimes, but people of faith and people of conviction share a common purpose when they combat hate crimes by bringing the issue to the forefront of public conscience; and WHEREAS, The City of St. Joseph acknowledges our moral responsibility and civil obligation to take a leading role in efforts to stop the hate; and WHEREAS, Through our involvement in Create CommUNITY we join with other governments in addressing issues and working through solutions relating to crimes of hate and human rights; and WHEREAS, Many local municipalities have already acknowledged the desirability of working regionally to combat discrimination in the area of housing; and · WHEREAS, Local police chiefs have called for the creation of an umbrella organization to facilitate the enforcement of human rights law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: That the City of Joseph urges all citizens, without hesitation, to help stop the hate by taking action against hatred, intimidation and discrimination whenever and wherever it occurs; and BE IT FURTHRR PJ:SOL'iED: That the City of Joseph agrees to designate a representative within 30 days of adopting this resolution to participate in a Task Force to be convened by Create CommUNITY and ISAIAH's Great River Interfaith Partnership (GRIP) for the purpose of exploring the creation of a regional Human Rights Office to support the enforcement of human rights law. ADOPTED BY THE ST. JOSEPH CITY COUNCIL TillS 21st DAY OF April 2005. Richard Carlbom, Mayor · Judy Weyrens, Adminstrator 10 APR 05 . TO: Judy Weyrens FROM: Jeffrey Young SUBJECT: Retirement Dear Judy, This is to inform you that I plan on retiring from the S1. Joseph Police Department on June 30, 2005. All the required paperwork has been sent into PERA and they have completed the process. Respectfully, . ----- .