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Home My WebLink About1994 [01] Jan 20 {Book 05} Mayor Donald "Bud" Reber Councilors Ken H.iemenz Ross Rieke 21 First Avenue NW Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph. Minnesota 56374 City Clerk!Adm (612) 363·7201 FAX # 363·0342 CITY OF ST. JOSEPH Rachel Stapleton CITY COUNCIL MEETING' January 20, 1994 7:00 P.M. AGENDA 1 . Ca 11 to Order 2. Approve Agenda 3. Approve Minutes - Jan. 6, Jan. 11; Jan. 13 4 Bills Payable 5. Treasurers Report 6 . Mayor Reports 7. Counc i 1 Reports . 8 . Building Inspector Reports 9. Chief of Po ì ice Reports 10. Clerk/Administrator Reports a) Gambling Application Lions club b) Authorization to Conduct Raffle - st Joseph Lab School c) Other Matters of Concern 1 1 . OLD BUSINESS: * aì Building Inspection Proposal *k) Maintenance Trucks / * b) Fence Construction Complaint 1 ) ROW Property Request * r.) Hookup Fees - DBL & Linn Inn m) Re-Alignment Co 133 - / * cJì Ord .Amend - street Numbering mì P' ,. & Heat. Insp - / -.. ,; . ! umo 1 n g * ",ì Street Lighting Minnesota st. n) Fire & Rescue Charges - / * f) 1994 Wage & Benefit nì ADA Prioritization Pn - " * aì Keg Ordinance 1 ) Po 1 icy Book .... ¡," * hì By Laws ParK Board - -,' * i ì Snow Removal Sidewalks . / * i ì Linnemann Inn .,; / 12. 8:00 p.m. OPEN TO THE PUBLIC 13. Recess . 14. 8;30 p.m. Street Lighting Plan - Paul Orndorff, Stearns Electric 15, 8:45 p.m. City Engineer Joe Bettendorf Reports a) Vic West Steel consideration. b) DBL Hookup Fees 16. Adjourn Mayor Donald "Bud" Reber Councilors Ken Hiemenz First Avenue NW Ross Rieke .0. Box 668 Bob Loso St. Joseph, Minnesota 56374 Stephanie Hazen (612) 363-7201 City Clerk!Adm FAX # 363·0342 CITY OF ST. JOSEPH Rachel Stapleton NOTES TO THE COUNC I L DATE: January 181 1994 TO: Members FROM: Rachel Stapleto 10 a. Lions Club Gambling License at the Main street Pub expires May 3L They received the paper work and wish to get it submitted to the state. 10 b. st. Joseph Lab School is holding a raffle on March 25. 10 c. Hearing set for February 10. John Scherer recommends hiring a court reporter for this hearing. 10 c. The East Minnesota Street Annexation needs an amendment to have the County record it. The properties were listed by parcel number as the state Municipal Board allowed. In order to have it recorded at the County level, and to avert future , property description problems in that areal the County is requiring all the property described by legal description. An amendment to the annexation of that property is included in your packet. 11 b. Twin City Testing quote for gathering and testing a sample of material for creosote is estimated at $425. Costs are Technician at $43 per hour, Chemical Analysis is $1501 Mileage $.40/mile. 11 d. This issue will be discussed by the Joint City Council/Town Board at their next meeting. The number assigned to Ben Poepping is 201 13th Avenue SE. 11 e. The lights on Minnesota Street between 2nd Avenue West and College Avenue East are 250 High Pressure Sodium. They could be lowered to 150 or 100 watts but the whole arm would have to be changed. This may cause dark areas on the North side of the street, by the businesses. 11 h. Recommendations from John Scherer are in packets. 14. Paul Orndorff from Stearns Electric will present information for lighting the East End area. 15 a. Joe Bettendorf will present a scope of the work needed for Vie West Steel. ~ For Your Information: Joe Bettendorf sent a revised letter stating that their hourly rate wi 11 remain the same until April 1 , 1994. We received the 1993 State Fire Aid of S13;881 which is turned .over to the Fire Relief Association. DEAR COUNCIL MEMBERS, PLEASE FIND ENCLOSED DECEMBER'S MONTHLY REPORT. NEXT MONTH.:IHOPE TO HAVE THE 1993 YEAR END REPORTS DONE AND READY FOR~YOUR ~EVIEW. .. I WILL BE USING MY EARNED HOLIDAYS .OFF AT THE END OF .JAN...AS PER COUNCIL REQUEST TO BE INFORMED OF OVER 3 DAYS OFF, I-WILL BE TAKING OFF JAN 25,26,2"1 ,AND THE 28. ~YHIS DEPARTMENT RECEIVED A REPORT BFA STOLEN MOTOR VEHICLE ON 1/8/94.' WE RECOVERED THE VEHICLE SHORTLY AFTER IT WAS~REPORTED, AND ARRESTED TWO INDIVIDUALS AFTER A FOOT CHASE. I COMMENDED THE OFFICERS INVOLVED, AND HAVE ENCLOSED A COPY OF THE LETTER FOR YOUR REVIEW. I HAVE ALso ENCLOSED A LETTER FROt'1 THE INTERIM DIFŒCTOf~ OF THE MN P.O.S.T. BOARD. (AS YOU KNOW, THIS IS THE STATE AGENCY THAT LICENSES POLICE OFFICERS) IT IS RELATIVE TO THE LETIERTO. .THE ED I TOR I WROTE RECENTLY. F. Y. I. ...;c,,/INDEC. OF 1993, THE . ST .CLOÜDTIMES LIsTED APPROXIMATELY 40 OF THE TOP FRONT PAGE STORIES THEY HAVE COVERED, FOR A CONTEST OF THE TOP STORIES OF THE YEAR. THE ST. .JOSEPH POLICE DEPARTMENT HANDLED TWO OF THE STORIES. 1 HAVE ALSO ENCLOSED MY RECOMMENDATION TO NAME OFFICER .JEFF YOUNG AS ACTING CHIEF. ALSO ENCLOSED IS A COPY OF LETTER WE RECEIVED WITH A PARKING TICKET.. THE VEHICLE WAS LEFT IN THE BUSINESS DISTRICT AND TICKETED OVERNIGHT. I TALKED TO THIS PERSON BEFORE HE WROTE THE LETTER FOR APPROXIMATELY 20 MINUTES. HE FEELS THERE. SHOULD BE "NO 2AM TO 6AM PARKING" SIGNS IN THE BUSH~ESS DISTRICT. WE RECEIVE MANY CALLS THAT "I WAS TOO DFWNK TO DRIVE" OR WAS DRINKING 8. DIDN'T DRIVE. WE (WVISE THEM THAT THEY SHOULD CALL THAT NIGHT AS WE WOULD GIVE "Gr{ACE" AND NEED A CONTACT NUMBER IN THE EVENT IT St~OWS. I . ADlJISED HE'! THAT I SAf.,J HIS POINT 8. WOULD PRESENT THE M{-HTEI:;: TO THE COUNCIL FOR A DECISION ON THE ISSUE. I PLAN ON ATTENDING THE COUNCIL MEETING IF YOU WOULD LIKE ADDITIONAL INFORMATION. SINCEI:;:EL Y, I . BRADLEY J. LINDGREN CHIEF OF POLItE .- - . . .'Mo:~~~·~::~!!~J;~~~;!~~f*1~i~jl~~;tre · P~in~ ALL LGN Codes . U 0 C To~al U 0 C Li~eral Translation ----- ----- --------------------------------------------- ê OPEN BOTTLE 9014 . · · 36 SPEEDING 9024 . · · 1 KEEP TO THE RIGHT / CROSS CENTER LINE 9030 . · · 5 STOP SIGN 9044 . · · 1 SCHOOL BUS STOP ARM . < 9072 . · · 1 TIRE CONDITION 9079 . · · 6 EXPIRED REGISTRATION 9200 . · · 1 NO INSURANCE 9201 . · · 4 NO PROOF OF INSURANCE IN VEHICLE 9207 . · · 1 DISPLAY REVOKED, SUSPENDED OR STOLEN PLATES 9212 . · · 1 DISPLAY WRONG REGISTRATION 9222 . · · 2 ILLEGAL USE OF DRIVERS LICENSE 9224 . · · 2 REVOKED, CANCELLED OR SUSPENDED D.L. . 9251 . · · 2 DOG ORDINANCE PUBLIC URINATION FOUND ANIMALS 9313 . · · 1 FOUND PROPERTY 9420 . · · 1 PERSONAL INJURY MOTOR VEHICLE ACCIDENTS . 9440 . · · 7 PROPERTY DAMAGE MOTOR VEHICLE ACCIDENT 9450 . · · 1 HIT AND RUN PROPERTY DAMAGE ACCIDENT 9600 . · · 1 ALL OTHER FIRES 9702 . · · 1 SUICIDE WITH MEDICINE OR PILLS 9730 . · · 3 MEDICAL EMERGENCY--HEART ATTACK 9731 . · · 1 MEDICAL EMERGENCY--UNCONCIOUS . 9734 . · · 1 MEDICAL EMERGENCY--FALLS 9735 . · · 1 MEDICAL EMERGENCY--ALL OTHERS . St. Joseph Police DepaTtmen~ . C't'ime summàTY Repo'"1;~i¡~qS_ Month ly Repo'rt Fo't' Dec_é_mbeT:-1993 SBN . All - - . . .. P'ri nt ALL U OCcoco'des P·t'int ALL IsNs Print ALL LGN Codes UO C Total U 0 C Literal TTànslation ----- ----- --------------------------------------------- 9738 . · · 1 ALL OTHER MEDICALs - -- ----- - ----- -- ----.-.-- -- 9800 . · · 5 ALL MISCELLANEOUS PUBLIC 9802 . · · 16 MOTORIST ASSISTS 9803 . · · 2 PROWLER 9804 . · · 3 PUBLIC ASSISTS . 9805 . · · 1 SNOWBALLS 9806 . · · 2 HOUSE WATCH 9808 . · · 3 SUSPICIOUS PERSON 9809 . · · 1 SUSPICIOUS VEHICLE 9813 . · · 1 REQUEST OFFICER 9816 . · · 1 CHECK ON WELFARE 9903 . · · 2 FUNERAL ESCORT 9904 . · · 3 DELIVER AGENDAS/MINUTES/OTHER PACKETS . 9907 . · · 1 STREET SIGN DOWN 4 9914 · · · 1 ATTEMPT TO LOCATE 2 EXTRA PATROL NEEDED 9926 · · · 1 911 HANG-UPS OR UNFOUNDED OR OPEN LINES 9933 · · · 3 DRIVING COMPLAINT J2501 · · · 3 GROSS D.U.I. ---.- --- -~- --- --. J3500 · · · 5 D.W.I. M4104 · · · 11 UNDER AGE POSSESION/CONSUMPTION . M5350 · · · 2 RUNAWAY JUVENILE MB199 · · · 1 MISC/FEDERAL/CONSERVATION/JUVINILE/LIQUOR , . S't.Joseph Pol ice Depè\1''tmerl't; ..~~_>.c,T i me: 12: 45 pm Mon~~î~e R:~~~~~~~~e,~~6:¿bêf~~i~~_3~i~<::I¡iY~}f~.:,~~page: 5 -SÐN Ai' . .. -. P'ri~'t·ALt· u"~. C-¿bdèi'";:~:~ ..~. ::·,·r·c:- 2-~~1E~~· P1'intALL ISNs .. P1'in't ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- .. 2 DAMAGE TO PROPERTY -~ ---- .----- -- - -- - - T2021 . .. 1 THEFT T4021 . .. 1 THEFT T4099 . .. 1 THEFT OF GAS T4151 . .. 2 THEFT . T4159 . .. 2 THEFT T4229 . .. 1 THEFT T7151 . .. 1 THEFT W3540 . .. 1 WEAPONS/FIREWORKS W3989 . .. 1 FIREWORKS *** AGENCY GRAND TOTAL: 187 . 1 9014 36 SPEEDING KEEP TO THE RIGHT I CROSS CENTER LINE STOP SIGN SCHOOL BUS STOP ARM BRAKES TIRE CONDITION 9079 5 EXPIRED REGISTRATION 9200 1 NO INSURANCE 3 NO PROOF OF INSURANCE IN VEHICLE 9207 1 DISPLAY REVOKED, SUSPENDED OR STOLEN PLATES 9222 2 ILLEGAL USE OF DRIVERS LICENSE 9224 2 REVOKED, CANCELLED OR SUSPENDED D.L. 9281 2 U-TURN 9298 1 PUBLIC URINATION J2501 3 GROSS D.U.I. J3500 2 D. W. I- . J3501 3 D. U. I- - ALCOHOL 1'14104 11 UNDER AGE POSSES ION/CONSUMPTION X3190 1 FALSELY REPORTING A CRIME Total . . . . 195 Citation: 84 Wa'('ni ng: 0 Repai'(' : 111 . POLICE DEP ARTMENT- . BRADLEY J. LINDGREN, CHIEF Of POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 ..-. . (612) 363-8250 EMERGENCY 911 ·TO~ . cQFFICERS JEAN GUSTIN') BRAD MEYER JOHN BRUNNER ST JOSEPH POLICE CASE FILE 9400Ø052 '. (STOLEN MOTOR VEHICLE) . -0,", _.0;._ .___. ~----:-:-Ù¡':'ON REVIEWING THE ABOVE 'CASE AND CONVERSATIOI'lS WITH SOME OF YOU, AND OTHERS, I WANT TO COMMEND EACH OF YOU DN A JOB WELL DONE. AS YOU WILL RECALL, ON JAN 8, AT APPROXIMATELY 1:15 AM OFFICER GUSTIN OBSERVED WHAT APPEARED 10 BE A FIGHT ON MAIN STREET BY THE LEGION AND INVESTIGATED. ALTHOUGH THIS WAS JUST FRIENDS WRESTLING AROUND, THE COMPLAINANT OF THIS CASE INFORMED OFFICER GUSTIN THAT HIS VEHICLE WAS JUST STOLEN. OFFICER GUSTIN OBTAINED AND FORWARDED THE ,INFORMATION, :'1¡..~.'.· . INCLUDING THE LAST KNOWN DIRECTION OF TRAVEL TO OFFICER MEYER . ·;)';,~·u AND RESERVE OFFICER BRUI'INER. OFFICER GUSTIN WAS THEN IN ~~¿¿þ<.u:... ROUTE OF THIS DIRECTION WHEN OFFICER I'IEYER AND RESERVE ~~:-~ OFFICER BRUNNER LDCATED THE VEHICLE ON COUI'ITY ROAD 75. THERE I,-"q WERE TWO INDIVIDUALS IN THE VEHICLE AND THE DRIVER EXITED '~( AND RAN FROM THE SCENE WI TH OFF ICER' IrJEYER GIVING FOOT CHASE )''; THROUGH THE: CENTENNIAL PAf~K AFŒA. FŒSERVE OFFICER BRUNNER' ~t(· STAYED AT THE SCENE AI'ID DETfUI'IED THE OTHER SUSPECT. OFFICER 00 MEYER RADIOED THE INFORMATION WHILE ON ~OOT, AND OFFICER GUSTIN WAS ABLE TO GET LIGHT ON AND TRACK THE SUSPECT. THE SUSPECT THEN CHANGED DIRECTION OF TRAVEL AND JUMPED OUT ON 2 "'1), co AVE: NW AND IN FRONT OF A FULLY LOADED S. J. U . BUS. THE BUS -æ:ç~. STOPPED AND THE SUSPECT BANGED ON THE DOOR TO GET IN. THE 1:f~': SUSPECT WAS ABLE TO GET IN, HOWEVEI\ OFFICER GUSTlt~ WAS RIGHT f;¡:: BEHI ND HIM AT THI S T II'IE AND FOLLOWED HIt'1 I NTO AND APPREHENDED .~c HIM IN THE BUS. :.~,} EACH OF YOU HANDL.ED DIFFERENT HSPECTS OF THIS CASE è>,"_'" , E~~~' WORKED TOGETHEIï:, COI'II'1UNICnTED, AND AGA IN, DID A VEI;:Y GOOD we. JOB. THERE WERE MANY CITIZENS WHO WI1NESSED THIS CASE, AND I ~~,.: AlrJ VERY PROUD TO SAY, THEY ALSO WITNESSED VEIï:Y FINE POLICE WORK BY THE ST. JOSEPH POLICE DEPARTMENT. ,:,' MAHY THINGS WE IHWE ~Jl)kl\ED FOR, AtW THE EQUIP~1ENT WE ~ HAVE, AND HAVE OBTAINlD OVER THE PAST SEVERAL YEARS WERE ALSO ". II'1POI;:TANT IN THIS UiSE. WITHOUT THEI'1, THE CASE 1'1AY I-HWE W . TURNED OUT DIFFERENTLY. WITHOUT THE RESERVE PROGRAM, JOHN ~/ BRUI-4NEI;: MOST LiKELY WOUU)I'I' T BE R IDnlG THAT E\JEI'IING, AND HAVE __ if; DETAINED THE SECOND SUSPECT. CEFn~UNL..Y, TWO OFFICERS ON r POWER SHIFT, AND TWU SQUAD CARS WAS BENEFICIAL. GOOD - ~' COI'llrJUNICATIONS ElWIPt'llNl, i,<OTH I"IUBILE At~l> POfnm<LE WE:RE 3/ IMPORTANT. ETC. ETC. ~'::j. ~-;'-:: Ö" J:-__ ~ · f , , . ~ '·'Minnesota Board 1600 Univen.ity AvCJUJe ofPeaceOmcer Suite 200 . .... , "-- ··SL Paul. MN SS1Q4.3825 - ----- ,~'(612) 643-3060 . co' - . - -- ,- - Standards 'andTraini~g roo (612) 297·2100 . , Chief Bradley Undgren St. Joseph Police Department 24 ,~..1stAvenueJ Box 268 . ~._J=-~~~~~.·~~~~~7 4 - --- -- - -~ -- -- -- - Dear Brad: . I read yourreply to the citizen's letter in the November 5, 1993, edition of the St. Joseph Newsleader. You did a nice job of handling the delicate issue of responding to citizen criticism of the police in the press. Your reply was professional and concise. , . Keep up the good work and keep in touch. Ge rge P. Wetzel, Jr. nterim Executive Director GPW:db . AN EQUAL OPPORTUNITY EMPLOYER ~.I....~.... 1~-!8,"~'4 '~"'"fIJ~I-m- '"" 'm~rn> -I=-B~n'J'" --~ -I}-' - - ,-¿:r ~ ""," -, .,. ·V.'-;" '=."" -',.", ~,' " - " - , " '" ~~ ~ . -. " 0 ~. ,;~ '-, ~ .:'!<! -"" ·Éf:· " , '- ',' -..',~ "; Ii It w ,~fD ø:j~·r-~ --.... * ~"'" ~(- [~ I ~ -' -<;-, ~f.' :1' f~ l:i'!I~f'a li' ';'i~' ì"J~~'i;'~:Ii ¡i !t~!a~ , tigt .56t '!I ~I'~ÞI~ :.: ! ~ ~':: : .! --< 'g; 'x_~ '--''.' 'c:k =.,~ "'~".. s:¡:[i...~'\;;i; f . - :;): ..... "" ~ ~ ~ "'-~- -.0 .,-0: - '1'.0: ~ t:I ~ "'~'!Ç _.~ç -. i;~ ·q.eft -~ ~:'"o"< I» . !:If 3' .. tè 10 , <f!'~~~:.'l:r'8;""¡ lD I 'q. è~~ fD E:. m::'~" - ,- , . '0 . 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ZJ..\'~~/;T .......~:...~.-...~..........J~'.'~~.'.¿V.~.....c~. ).;e<.'~ ..." c· ... - " I· . .' . . .... tG.··r~.r·7~···~ p~ ð~..~07t- ~~~/~~ . . _. . -~uo?n~" c...-.:-.~H. '.. n . .", ~ 0.- ßvL¿ Vu-W<~ ... £)~-n~~ s:r~ ~ ~ /n~ 1'. ~ 2/d- ~ ~..W7 vp ~ /~J /J.... () -- d, . . / / j) , .v.-'~ 0< r<? ~L ~ ~ p~ O:x.-> .sr~ .8 ~ 30 ð.þ'!', Jd: ~ T ~ <7:r<-> Wr-..Á!~ ø~ ~~ ff" CL ;2.:"0""'~ (0 b:"O ;'fh-L :r¿J~ /:~ ~..:.. JT~ 7ð ~ (~ ~../Q-L/ ~ ~ p~ 5"~' ~ ~ c9 ~-L ~',~ CL- ~~~ ~ ~~rv~<'YU~ ~, . . ~ S)~ ~CL- ~~~ ~<--,~q 2., <?o RA i ~ , "~;f-- 1~ uJ~ 0; ~ ..,1& ft ' K:.-..£..-RP:J-..-, o ~~"-, ¡fm1ß--- Ç'S3.-S3> -3<¡S r3'ÞS.s THE SUBJECT OF NAMING AN ACTING CHIEF CAME UP A COUPLE OF MONTHS AGO AT A COUNCIL MEETING, I ADVISED THAT IN JAN. OF THE NEW YEAR I WOULD GIVE MY RECOMMENDATION. lAM RECOMMENDING JEFF YOUNG. JEFF IS THE SENIOR OFFICER IN THE DEPARTMENT. I HAVE PLACED JEFF OFFICIALLY IN CHARGE DURING MY ABSENCE THIS PAST YEAR AND THIS HAS WORKED . OUT WELL. JEFF HAS SHOWN GOOD JUDGEMENT IN THIS ROLE, AND I KNOW HE TAKES IT SERIOUSLY. JEFF IS VERY KNOWLEDGEABLE OF pUR POLICIES, RULES, LAWS, AND ORDINANCES. ADDITIONALLY, AND ~AYBEMOST IMPORTANTLY, EACH OFFICER HAS RESPECT FOR JEFF AND HIS ABILITY TO FUNCTION IN THIS CAPACITY. ~T ~S MY RECOMMENDATION THAT THE CITY COUNCIL APPOINT ~FFICERJEFF YOUNG AS ACTING CHIEF OF POLICE PURSUANT TO CITY pRDINANCE 28, SECTION 28:2. RESPECTFULLY SUBMITTED, - - ..... ..... I . . , · W DONOHUE RAJKOWSKI L T D . Attorneys at Law Reply to: st. Cloud January 13, 1994 ST. CLOUD 11 Seventh Avenue North P. O. Box 1433 Ms. Rachel Stapleton St. Cloud, MN 56302-1433 st. Joseph City Clerk 612'251'1055 City Hall P.O. Box 668 800'445·9617 st. Joseph, MN 56374 FAX 612'251'5896 RE: Ordinance 23, Park Commission MINNEAPOLIS Our File No. 16,397 2904 Plaza VII 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 I reviewed the By-Laws prepared by the Park 612'339'9206 commission. First of all, there is no ordinance 800'445·9617 establishing a Park Commission per sea Therefore, I FAX 612'339'4775 have taken the liberty of drafting a proposed · Ordinance creating the Park Commission. The Ordinance FRANK f. RAIKOWSKI sets out the general framework for the Commission and grants authority. It provides the Commission with a GORDON H. HANSMEIER fairly broad latitude to draft by-laws which remain FREDERICK L. GRUNKE subject to Council approval. THOMAS G.fOVANOVICH fOHN H. SCHERER I would suggest that the Ordinance fall within Chapter PAUL A. RAIKOWSKI 2 of the Code. Unfortunately, there are no numbers KEVIN E GRAY available in Chapter 2. I would suggest that the WILLIAM f. CASHMAN Ordinance establishing a Park Commission be identified as Ordinance 23. I would suggest that existing Ordinances 22 and 23 be consolidated as Ordinance 22. DAVID T. SHAY The current 22 and 23 deal with voter registration and CAROL A. STARK elections. It seems to me that it would make sense to RICHARD w: SOBALVARRO consolidate those two Ordinances as Ordinances No. 22. MICHAEL c. RAIKOWSKI If the Council agrees, I believe that they can do so A. CHAD McKENNEY by a simple resolution since it only involves renumbering as opposed to the enactment of a new MOLLY f. WINGATE Ordinance. If the Council chooses to create the Park commission, then the proposed Ordinance accompanying MICHAEL H. DONOHUE this letter should be considered and passed. OF COUNSEL Probably the primary issue has to do with the /AMES H. KELLY, M.D., EA.C.P authority of the City Council representative. Does ~1EDICAL CONSULTANT this Council want to make its representative a voting GORDON H. HAXSMEIER IS ADMITTED TO PRACTICE or a non-voting member. As a non-voting member, he or · IN NORTH DAKOTA AND WISCOXSIN, she would be a liaison with the right to comment and PAUL A. RAJKOWSKI IN WISCO~5IN, ROL A. STARK IN ILLINOIS AND MISSOURI discuss issues. He or she would not have the right to AND WILLIAM J. CASHMAN IN SOUTH DAKOTA. Ms. Rachel stapleton . January 13, 1994 Page - 2 - vote. As a voting member, he or she could vote, but the vote would be only one of however many numbers there are on the Commission. The City Council may also want to consider setting forth other specific duties of the Park Commission, such as budget recommendations, etc. On the other hand, those could probably just as well be addressed in the by-laws of the Commission which can later be approved by the Council. The Council should also consider the extent to which authority shall be delegated to the commission as to how the park budget is spent. Why don't you give me a call after receipt of these documents and let me know if this is what you are looking for. Very truly yours, H. Scherer . JHSjbaz Enclosure L:\gen\16397\afOl1394.011 .- -- W . . , . ORDINANCE 23: PARK COMMISSION The city Council for the city of st. Joseph hereby ordains: section 23.1. Members and Terms. There shall be established a Park Commission consisting of not less than six (6) and not more than ten (10) voting members as may be appointed by the st. Joseph City Council. Voting members shall be appointed to serve a term of three years. The City Council may also appoint one of its own members on an annual basis to serve as ex officio (non-voting) member of the Commission. Terms of office shall be based on a calendar year with terms staggered so that no more than four (4) members have their terms expiring within any given calendar year. Several of the initial appointments shall have a term of less than three (3) years to create the staggered terms. All appointed members shall be residents of the City of st. Joseph. section 23.2. Duties. The Park Commission shall coordinate and oversee the development and maintenance of parks within the City of st. Joseph, the development of recreational and educational programs and such other duties and . responsibilities as may be assigned by the City Councilor as may be appropriate to accomplish its assigned duties. Section 23.3. By-Laws. The Park Commission is hereby authorized to draft by-laws to govern its operations and procedures. The by-laws shall not be inconsistent with this Ordinance and shall be submitted to the City council for approval. Amendments of the By-Laws shall also be approved by the Council. The by-laws may include, but are not necessarily limited to addressing the following subjects: vacancies, officers, removal of members, a quorum, meetings, order of business, and other duties and responsibilities. This Ordinance was passed by the City Council for the City of st. Joseph this ____ day of , 1994. Mayor Clerk/Administrator N:\city\stjoe\afOl1394.221 - -' ø , 4IÞ BY-LAWS -- ST JOSEPH CITY PARK COMMISSION Article I Name of Commission The name of the organization shall be the st. Joseph City Park Commission. Article II Authorization The authorization for the establishment of the st. Joseph City Park Commission as an advisory organization to the st. Joseph City Council is contained in Ordinance 23 of the Code of Ordinances. Article III Membership The City Park Commission shall consist of at least six (6) but not more than ten (10) voting members appointed by the st. Joseph City Council and one (1) member of the City Council to serve as an ex-officio liaison to the Commission. Article IV Term of Membership and Vacancy The term of the appointed members shall be three (3) years. Any vacancies during the unexpired term of a 4IÞ member shall be filled by a Search Committee with the approval of the Council for the remainder of the term. Resignations shall be written and become effective upon delivery to the City Clerk. Failure to attend three (3) consecutive meetings may be cause for dismissal by majority action of the Commission. The ex-officio member shall be appointed by the City Council at a January meeting. Terms of office shall be January 1 through December 31. The terms of the members shall be staggered so that no more than four (4) or less than two (2) members have terms expire in the same year. Article V Officers Section 1 Elections The City Park Commission shall annually elect from its membership a Chair, Vice-Chair and Secretary. The Commission shall elect officers when a vacancy is created by resignation, or unanimous agreement of the Commission. Elections shall be at the December meeting. section 2 Duties of the Chair The Chair shall - preside at all meetings of the Park Commission and shall have the duties normally conferred by parliamentary . usage of such officers. section 3 Duties of the Vice-Chair The Vice Chair shall act for the Chair in the Chair's absence. section 4 Duties of the Secretary The Secretary shall keep the minutes and the records of the Commission (and with the assistance of staff as may be available) , shall prepare the agenda of the regular and special meetings under the direction of the Chair, provide notice of all meetings to the Commission and other duties as are normally carried out by the Secretary. The Secretary shall keep records of gifts and donations for park purposes that are placed in a special park fund by the st. Joseph City Council. Article VI Meetinqs Section 1 Meetings shall be held on the fourth Monday of each month at 6:30 p.m. at the st. Joseph City Hall. The Secretary . shall send written notice of regular meetings, agenda and minutes of previous meeting to members at least five (5) days prior to the regular scheduled meetings. In the event of a conflict with a holidays or other events, a majority of members at any meeting may change the date and location of the meeting. The meetings shall be open to the public. special meetings may be called by the Chairman or a majority of the fU].l membership. section 2 Unless otherwise specified, Roberts Rules of Order shall govern the meetings of this Commission. Section 3 Anyone wishing to include a matter on the agenda must notify the Secretary ten (10) days prior to the meeting. Article VII Quorum Three or more members of the Commission present at a meeting shall constitute a quorum for the - transaction of business. In the absence of a ~ . . " . , . quorum, the meeting shall be considered adjourned with no business conducted. Article VIII Duties of the Park Commission It shall be the duties of said Commission: l. Plan and develop programs and activities within or beyond the corporate limits of the City of st. Joseph on property under the custody and management of the City or on other public property under the custody of another public corporation, body, or board with the consent of such corporation, bodies or boards, or on private property with the consent of its owners. 2. Develop schedules of hours for the use of park facilities within the City. 3. study possible government and private foundation grants available for acquisition and development of park facilities. 4. Develop plans for improvement and betterment of . existing facilities. 5. Develop plans for acquisition of additional facilities. 6. Co-ordinate park activities with other community organizations and groups. 7. Promote public interest and understanding of the City's parks, programs and activities. 8. Submit to the City Council prior to the beginning of the annual budget process a report pertaining to the current status of park facilities and programs, and budget recommendations for the City parks for the upcoming year. 9. Submit other reports to the Council as requested or as the Commission deems appropriate in the light of a matter under consideration. 10. Solicit funds or services from agencies or organizations when deemed necessary for park improvements. - 11. Other duties assigned by the Council. - \ Article IX Order of Business . Section 1 The order of business at regular meetings' shall include but shall not be limited to: a: Attendance (by Secretary) b: Approval of minutes of previous meeting c: Communications: member's reports d: Reports of Officers, Sub-Committees and Liaison e: Old Business f: New Business g: Adjournment section 2 A motion from the floor must be made and passed in order to dispense with any item on the agenda. Article X Amendments These by-laws may be amended by a majority vote of the existing membership of the Commission at a regular meeting, after full notice has been given in writing to all voting members. Adopted this ____ day of , 1994. e L:\gen\16397\afOl1394.0221 - ~ . . - . V DONOHUE RAJKOWSKI L T D . Attorneys at Law Reply to: st. Cloud Ì) J'-/", ~ .:;' -, "¡ . ,.c· " .: :.. ~ / L; k) i--,_ _~ L- ;.~. -":.J £-, -1.!;;.' ~ - December 1, 1993 =''¡ ,j Ii;" - - c. ../e<'" .,;' ~ ST. CLOUD ..: .,.J:-! 'f- ,,--( ---. 11 Seventh Avenue North -. - -:.J .¡ lAQ / -~"...G, :;:'J:»'¡-~-;" -" ." .~.. ...". -,' ::..... r.D. Box 1433 St. Cloud, :VIN 56302-1433 Ms. Rachel Stapleton st. Joseph City Clerk 612'251'1055 P.O. Box 668 800'445'9617 St. Joseph, MN 56374 FAX 612-251'5896 RE: Keq Ordinance, et al. MINNEAPOLIS Our File No. 15,692 2904 Plaza VIl "¡'S South Seventh Street Dear Rachel: ~linneapolisl MN 55402-1620 I have enclosed for your review and dissemination to 612-339'9206 the city Council a copy of the St. Cloud Keq 800'445'9617 Ordinance. As you can see, this ordinance requires FAX 612-339-4775 people to apply for a permit before purchasing a keg. e A premises is limited to one keg at any particular time. The permit applies to a specific premises. The FRANK !. RA/KOWSKI owner of the premises must also provide written GORDON H. HANS,\1EIER authorization before a permit will be issued. FREDERICK L. GRUNKE THO.\1AS G. Jm'A,VOVICH Our current ordinance also contains a one-keg JOHN H. SCHERER limitation, but does not require the issuance of a ~~uLA, RATKOWSKI permit to possess a keg. We do not require the KEF/N F. GRAY property owner to sign an application or provide consent before a keg is brought onto the premises. WILLIAM J. CASHMAN When our keg ordinance was passed, there was some DAVID T. SHAY discussion about prohibiting kegs altogether. At that C.~ROL A. SHRK time, it was felt that the ordinance would be too RICHARD W SOBAm~RRO restrictive since it would also apply to graduation MICHAEL c. R.ATKOWSKI parties, family reunions and other events which are not otherwise causing disturbances or a nuisance. At A. CHAD h1cKE:-i:--:EY that time, the permit process was also rejected due to A10LLY J. ~.yL'\GATE the additional paperwork it would create for applicants and the police department. :',,1/CHAEL H. DOXOHUE OF CüU:\'SEL I believe that if a keg permit was required, it would potentially accomplish several goals. First of all, JAMES H. KELn~ ,',,1.0.. F.A.c.P. the police would be aware of the location of parties ~IEDlCAL COXSCLTANT before they occur. This would force the hosts to be GaRDO:-';- H. HA1\'SMEIER IS Am.tlITED TO PRACTICE more responsible knowing that the police are aware . IN NORTH DAKOTA ""'D \VJSCONSJN. that a party will be occurring and then that the PA'-'L A. RAIKOWSKI IN WISCO:-Jsm, ·......ROL A. STARK 1:-': ILLli':OIS A;'\iD MISSOURI police may be monitoring the ongoings at the party. A~D WILLIAM: J. CASHMAi\.' 1:-: SOUTH DAKOTA. ~ c- ) i ~"s ---._~ ~_.'''-'' ~,_. ...... ., - . - Ms. Rachel Stapleton . December 1, 1993 Page -2- Secondly, this may simply dissuade many people from having a party so they do not have to go through the procedure of securing a keg permit. Finally, an ordinance like that of the City of st. Cloud brings property owners into the picture before the permit is issued. I presume that most owners of rental property within the City would refuse to sign the application if requested by their tenants. Alternatively, rather than having the formal application process, we may want to consider simply amending the keg ordinance to require that if a keg is brought onto property, either the owner of the property is present with the keg, or the people in possession of the keg have written authority from the owner. In that fashion, if a party is in progress, the police can make inquiries as to whether or not the owner is present or the owner has given written permission. If the owner fails to do so, the party can be disbanded. Where the owner does give written permission, I assume that the party will be better controlled. In most cases, written permission will not be provided by the owner. Why don't you give a copy of this ordinance to the City Council . and let me know which direction they are leaning with regard to our present ordinance. It may be that no change is necessary at this time. Let me know what the Council thinks. At the last Council meeting, some questions also arose as to regulation of the parking lot at Linneman's Inn and the role of the Planning Commission and city Council with regard to parking lot requirements. In this regard, I would call your attention to section 52.13, subd. 4 of the Ordinances. This particular lot is in the central business district of st. Joseph. Subdivision 4 requires that off-street parking in the central business district for new uses shall be determined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading generated by the use. It is my understanding that the Planning commission did make a determination as to the number of parking spaces which would be required. I am not sure if their recommendation was ever approved by the City Council. In any event, a building permit did issue and the improvements were performed. Subdivision 5 of the same ordinance sets the parking lot standards where off-street parking is required. This ordinance requires that parking lots shall be maintained in a dust-proof . condition, such as concrete, blacktop, properly treated crushed ~ . , · Ms. Rachel Stapleton December 1, 1993 Page -3- rock, or some other permanently surfaced area, kept graded and drained to dispose of surface water. Necessary curbs or other protections shall be provided and maintained. These requirements need not necessarily be met before a building permit is issued, nor do they have to be part of a condition established by the Planning commission or City Council. I believe that these are on-going requirements and that any parking lot in the general business district not meeting these requirements could be forced to come into compliance at any time. Finally, Subdivision 5e states a plan for the construction of any such parking lost must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. Again, it is my understanding that the Planning commission did review the parking lot issue when the proposal was first presented to the City. I am not sure whether or not the Planning Commission actually formally approved the parking lot plans. If not, construction should not have been commenced. If they had · approved, no further action was required by the Council. If the Planning Commission did not approve the parking lot, I would suggest that the property owner be notified and asked to appear before the Planning Commission again with plans for the parking lot. Once those plans are reviewed, the parking lot should be brought to conformance with the plans as approved by the Planning Commission. The Planning Commission should not require matters over and above the standards set forth in the other paragraphs of Subdivision 5. In other words, Paragraph B of Subdivision 5 indicates that the surface may be crushed rock or any other dust-proof material. If the plans call for crushed rock, the Planning commission cannot mandate a concrete or blacktop surface. If the property owner refuses to appear before the Planning Commission and seek approval of the plans, or fails to construct the parking lost in conformance with the plans, at that point in time the City may want to seek action against the property owner based upon this failure to comply with the ordinance. Prior to that time, I would not recommend any action. Again, if the plans were reviewed and approved by the Planning Commission, nothing more needs to be done at this time. If the Planning Commission did not review the plans, I'd recommend that plans be requested and presented to the Planning Commission for · approval. I would also suggest that if the Planning Commission intends on requiring anything more than what is presented in the T Ms. Rachel stapleton . December 1, 1993 Page -4- plans proposed by the property owner, that I be given an opportunity to review any changes recommended by the Planning commission before they are formally adopted to make sure that they do not otherwise contradict other provisions of the ordinance. Rachel, if you have any questions regarding my recommendations, please let me know. Otherwise, I assume that you will refer this matter to the City Council. I would recommend that they pass a resolution directing your office to handle this matter in accordance with my recommendations and bring the matter back before the Planning Commission if necessary. The City Council also had a question as to the naming of streets within the City. Ordinance 31 addresses this issue. As you can see, the ordinance simply provides that streets shall be named as extensions of existing streets. with the expansion of the City, this old ordinance is probably no longer sufficient. I would suggest drafting an amendment to the ordinance establishing the numbering and naming system (numbers and North/South streets, and tree names and alphabetically names are East/West streets) while . add a specific provision authorizing us to rename township roads coming within our jurisdiction by way of annexation and renumbering houses as they enter the City. Why don't you present this proposal to the city Council and see if they will authorize me to draft the appropriate ordinance amendment. Finally, I have also enclosed a ordinance amendments to Ordinance 41 and 42, authorizing the re-calculation of hookup charqes where there is change in the use of property. Upon passage of these ordinances, please advise me so that I can have the code books updated. Finally, I would like to offer the services of our firm, free of charge, to the city of st. Joseph in the form of a short seminar on the issue of harassment. Tom Jovanovich and several of the other attorneys in our firm have prepared a presentation discussing issues of sexual harassment. This is geared toward employees of small businesses to make the employees and their supervisors aware of the changing issues in the area of employment harassment claims. We are offering this seminar to our regular clients free of charge, in appreciation for the confidence shown in our firm throughout the years. Would you please discuss this proposal with the City Council. with their authorization, I would suggest that you contact Tom to . schedule a time for this seminar. I would anticipate that the seminar would take only an hour or two. Tom probably has some T I , . · Ms. Rachel Stapleton December 1, 1993 Page -5- flexibility to make the presentation either over a lunch hour, late in the working day or in the evening. It would be our recommendation that the department heads, all employees and the City Council attend. We feel that the seminar would be a valuable tool to help the city to avoid liability for harassment claims in the future. Let me know if the City Council wants to take us up on this offer. There are no strings attached. Very truly yours, . JHS/baw Enclosure · 1:\gen\15692\af120193.011 · V Section 810:65, Subd. 2 (1977) 4IÞ the time, place and purpose thereof, and cause said notice to be served upon the licensee. Subd. 3. Hearing On Alleged Violations. At the time of the hearing, the licensee may appear and present any evidence which he may deem material to the investigation. If the Council shall find from all the evidence produced that the licensee is guilty of a violation of any of the provisions of this ordinance, other than one which calls for a mandatory revocation, it may suspend or revoke the license held by the licensee under this ordinance. In the event of suspension, the Council shall also suspend any licenses held by the licensee under the non-intoxicating liquor ordinance, and in the event of a revocation the Council shall also revoke any licenses held by the licensee under the non- intoxicating liquor ordinance. No suspension or licenses shall exceed sixty (60) days. The licensee shall be given notice in writing of any such action by the Mayor's Office. Subd. 4. Mandatorf Revocation. The Council shall revoke the license or licenses of any licensee under this ordinance if the licensee wilfully violates any provisions of the Minnesota Statutes, Chapter 340A. Section 817 - Permit to Possess Kegs Required 4IÞ Section 817:00. Definitions. For the purpose of this section the following definitions shall apply: The definitions contained in Article 3, Section 2 of the St. Cloud Zoning Ordinance are hereby incorporated herein as if fully set forth in their entirety. II Intoxicating Liquorll. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. 11 Kegs II . Containers designed for and capable of holding intoxicating or non-intoxicating malt liquor to be dispensed from a tapper. IINon-Intoxicating Malt Liquor". Malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Section 817:05. Permit to Possess Kegs Required. Any individual of lawful age under the laws of the State of Minnesota may possess a keg in a residentially zoned area within the City of St. Cloud after first having obtained a permit and permit sticker from the Office of the City Clerk. -- - . . . p · Section 817:10 (1977) Section 817:10. Permit Fee. The permit fee for each keg shall be as set forth in Section 510:00 of the Code of Ordinances Section 817:15. Limitations. All permits authorized under the preceding section shall be subject to the following limitations: 1. The permit is valid for possession of one (1) keg containing up to sixteen (16) gallons. No person may possess more than one (1) permit. 2. No more than one (1) keg may be possessed within any dwelling unit, lodging house, fraternity house, or sorority house located in a residentially zoned area within the City of St. Cloud. No resident shall possess or allow any other person to possess a keg contrary to this section. 3. No application shall be approved without the applicant first providing written authorization from the owner of the premises where the applicant will be possessing the keg or the owner's agent authorized under the provisions of Section 465 of the Code of Ordinances on a form provided by the City Clerk. Section 817:20. Application for Permit and Permit Sticker. Any · person desiring to obtain a permit to possess a keg shall fill out an application at the Office of the City Clerk setting forth the applicant's full name, address and telephone number and the address within St. Cloud where the applicant will be possessing the keg. In addition, the applicant will be required to provide proof of identity and age in the form of a valid Minnesota driver's license or identification card, or valid driver's license from another jurisdiction. Falsifying any information requested on the permit application shall constitute a violation of this ordinance. At the time of issuance of the permit, a permit sticker shall be issued to the applicant. The'permit sticker shall be immediately and firmly affixed by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly visible location upon the purchase of the keg. Section 817:25. Return of Permit. Prior to the issuance of any subsequent keg permit and permit sticker, the preceding permit issued and the remains of the permit sticker must be returned to the Office of the City Clerk or in the alternative a minimum of thirty (30) days shall have elapsed since the date of issuance of the previous permit. i Section 817:30. Persons Ineligible for Permit. No person shall be issued a keg permit if that person has been convicted of a violation of Section 817:00, its predecessor Section 815:00 or · Section 1050:00 of the 1977 Code of Ordinances or, a violation of Minnesota Statutes, Section 340A which occurred within the previous 365 days. , Section 817:35 . (1977 ) Section 817:35. Prohibitions. It shall be unlawful for any person to possess a keg within the City of St. Cloud without having first obtained a permit and permit sticker as set forth herein. A permittee shall have the permit present at the location where the keg is possessed at all times, and shall exhibit the permit upon the request of any licensed peace officer. Section 817:40. Duty of Licensed Liauor Establishment. Each liquor establishment located in the City of St. Cloud, licensed under the provisions of Sections 800 and 810 of the 1977 Code of Ordinances, and offering for sale kegs containing non-intoxicating or intoxicating malt liquor for consumption off-premises, shall, as a condition of said license, post in a conspicuous location within five (5 ) feet of the check-out location in the establishment, a notice provided by the St. Cloud Police Department regarding the provisions of this Section 817. Section 817:45. ExceDtions. Any person or premises licensed under any other provision of state law or local ordinance may possess kegs and are specifically exempted from the provisions of this ordinance. Possession of kegs in parks in accordance with Section 236:55, subd. 5 of the Code of Ordinances or in non-residentially zoned areas of the City of St. Cloud is specifically excepted from the provisions of this ordinance. . Section 817:50. Penalties. Any violation of this section shall be punishable as a misdemeanor. . · () 0 0 0 0 '-' 0 0 0 0 0 0 0 E-o 0 ,..... 0 0 0 0 0 0 0 0 0 0 '-' ..... () · · · · · · · · · +' c: 00 ("'\ .::r 0 f'o- .::r If'\ a- 0 0 0 N :... :... f'o- If'\ ~ 00 ("'\ 1.0 r-- r-- If'\ () ro ....... ....... ....... >u.J 0 0 0 0 0 0 0 0 .~ ,..... ,..... 0 ,..... 4-1 '-' '-' '-' '-' 0 0 0 0 0 0 0 0 0 0 tf"\ 0 4-1 ()-o · · · · · · · · · 0 > (/) N 00 N '-' 00 00 0 00 0 1.0 ....... ....... 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I- ro 0 Cf) c:: >, ... -0 -C be) ro '+-< -0 :2 ~ -C () () ro ro s..... -"'" '+-< c: U) I-, ...... 0 E:t · 1.0 1.0 -"'" I-, () 0 C/) ro () CC CC > à:J t"? E () () ..c ..c >, >- >, E ~ ü ü I-, -c '" '" '" '" '" ro ro ..... -"'" ro ro ::I '" * * * * e:::. t"? :; e:::. e:::. ::E t"? ~ Mayor . -~ Donald "Bud" Reber / Councilors Ken Hiemenz 1 First Avenue NW Ross Rieke Bob Loso .0. Box 668 Stephanie Hazen St. joseph. Minnesota 56374 (612) 363·7201 City Clerk!Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton Meeting Attendance Clerk/Administrator Regular meetings: Two regular Council meetings per month One regular CORE meeting Quarterly Fire Board Meeting Quarterly Fire Relief Association Meeting Additional meetings: Special Council meetings City/Township meetings City/Planning Commission meetings Special CORE meetings ..... Deputy Clerk: Planning Commission meetings, ~ Star City meetings Special Planning Commission meetings, Relieves the Clerk/Administrator at meetings as needed --- . ,-. . ..... - ORDINANCE 33: CONSTRUCTION, REPAIR, AND MAINTENANCE OF SIDEWALKS. Section 33.1: SIDEWALK CONSTRUCTION. All sidewalks in the City unless otherwise specially ordered by the City Council, shall be constructed of concrete and shall conform to the grade lines established by the City Council under its discretion. All existing sidewalks in the City shall be maintained, repaired or rebuilt at their present width. All sidewalks hereafter to be constructed shall be six feet in width and the side of the walk toward the center of the street upon which it is built is to be six feet from the side of the street on which it is built, unless otherwise specially ordered by the City Council. Section 33.2: SIDEWALK ASSESSMENT. The cost of construction, repair and maintenance of the sidewalks shall be borne by the lots, parts of lots and lands fronting upon the side of the street upon which sidewalks are built and shall be determined and assessed by the City Council in the manner provided by law; provided, however, that the City Council may by resolution levy and assess only a part of the cost of the construction of the sidewalks upon the lots, parts of lots and lands fronting on the side of the street upon which the sidewalks are built, but not less than one-half of the cost. ...... REMOVAL OF SNOW A..~ OBSTRUCTIONS. The owner of each lot, Section 33.3: - part of lot, parcel and piece of land within the City shall remove or cause to be removed from the sidewalks or walks adjacent thereto all snow, ice, dirt and rubbish within twenty-four hours after the same has been deposited on the sidewalk or walk. If such owner fails or neglects to remove the same within twenty-four hours, the City Council may cause the same to be removed and shall assess the cost of removal against the fronting lots, parts of lots, parcels and pieces of land. The City Clerk shall notify the owner of the lot, part of lot, parcel or piece of land so assessed with the cost of removal, by advising of the amount of the assessment and requiring the owner to pay the amount of the assessment to the City Treasurer within thirty days of the date of notice. In the event that the owner fails or neglects to pay the assessment within this time, the City Clerk shall certify the assessment to the County Auditor for certification and taxation. Any notices to the property owner shall be by mail addressed to the owner at his last known address which is the address of the property in question. Section 33.4: SIDEWALK REPAIR. If any sidewalk in the City is found to be defective and in need of repair, the City Council may direct the City Clerk to notify the owner of the lot, part of lot, piece or parcel of land abutting upon the sidewalk and require the owner to repair the sidewalk within sixty days after the date of notice. This notice shall be served on the owner by either delivering a copy to the owner personally or by mailing the notice to the owner at his last known post office address or at the address of the property in question. If the owner fails or neglects to make repairs· within sixty days after delivery of notice, the City Council may cause a defective sidewalk to be repaired and assess the cost of repair against the abutting lots, parts of lots, pieces or parcels of land. The City Clerk shall notify the owner of the property against - which assessment is made of the amount of the assessment and shall require the owner to pay -- 24 ~ '. " . ......' \. I January 3, 1994 . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, January 3, 1993 at 7:30 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S . Kathleen Kalinowski, Linda Sniezek, Marge Lesnick, Dan Nierengarten, Andy Brixius, Kurt Schneider. Council Liaison Ken Hiemenz, Secretary of the Board Judy Weyrens. Others Present: Steve Dehler, Donald "Bud" Reber, Bob Loso, Rachel Stapleton. Linnemann Inn: Steve Dehler, owner of the Linnemann Inn appeared before the Commission as requested by the City Council. The purpose of attendance was to present the Planning Commission with a parking plan for the Linnemann Inn. The Planning Commission determined in May of, 1993, that Mr. Dehler would need to provide 20 parking stalls for the occupants of the Linnemann Inn. At that time, the Commission had not been presented with a parking plan. Additionally, the Commission acknowledges a misinterpretation of the Ordinance interpretation and finds special use permi t should have been issued for the operation of a lodging house. Both the Planning Commission and Council have determined that the intention of the .ordinance was to allow for the operation of a lodge, not a lodging house. Since the operation of a lodging house was permitted the Commission must look at the current ordinances that pertain to the Linnemann Inn and determine compliance. Mr. Dehler spoke on his own behalf and presented a parking plan. The plan provides a total of thirty (30) parking stalls. Dehler stated that a couple of parking stalls mi gh t be lost due to a required fire lane. Commission Members questioned Dehler as to whether or not part of the parking lot is contracted to the Legion for parking. Mr. Dehler stated that he does have a contract with the Legion. The contract does not specify a certain number of parking stalls, but does allow patrons of the establishment to use the parking lot as space permits. Dehler stated that at this time only three ( 3) students have cars, therefore a problem does not ex is t. However, if In the future the use changes he might be required to terminate his contract with the Legion. At any point during the year Dehler has the opportunity to terminate the agreement. Commi s s i oner Schneider stated that he has several concerns regarding the Linnemann Inn, three ( 3) of which are as follows: 1 . The drawing that was presented was inadequate. I t did not include and footage measurements and a survey of the area was - not presented. - 2. Concern with compliance with fire codes. This is a safety issue and he feels strongly about this issue. 3. A bad decision was made, and a special use permi t should have been issued by the Planning Commission. We cannot undo Page 1 .. 1994 , January 3, that mistake, but we must still check that the Ordinances are . being complied to. Dehler discussed with the Commission the possible use change during 1994. St. John . Prep School has decided to construct a dormitory for s the female students, which will be ready for occupancy August 1994. Therefore, the use of the Linnemann Inn will change. At the time of change, Dehler stated that he would again appear before the Planning Commission. Hiemenz stated that the Commission must make decision based on the ordinances that are in place. When looking at parking the number of parking s ta 11 s and the type of parking lot must be determined by the use of the property, not the occupancy. Commissioner Nierengarten stated that other property owners in the Ci ty were required to tar and stripe their parking lots at the time of remodeling or building. It is his opinion that the Commission needs to be consistent with decision making, being careful not to set precedence. The Commission was concerned as to how the parking stalls could be designated i f the parking lot is not tarred and marked. Minimally, the parking stalls should be designated. Kalinowski made a motion recommending the Council require the property . owner of the Linnemann Inn to meet the parking lot standards of the St. Joseph Code of Ordinances 52. 13 subd 5 (b) . Said Ordinance requires surfacing the parking lot with concrete, black top or properly treated crushed rock. The entire area designated for parking will be required to meet the parking lot standard. That is the area where the occupants w ill be parking must meet the standards. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius, Schneider, Hiemenz. Nayes: None. Motion Carried 8:0:0 ELECTION OF OFFICERS Chair: Nierengarten made a motion re-appointing Hub Klein as Chair and S. Kathleen Kalinowski as Vice Chair. Lesnick made a motion to appoint S. Kalinowski as Chair. Kalinowski stated that she could not accept the nomination, as her position with the convent requires her to be out of town throughout the year. The nomination of Klein was seconded by Brixius. Ayes: Klein, Kalinowski. Sniezek, Lesnick, Nierengarten, Brixius, Schneider, Hiemenz. Nayes: None. \<, 0 t ion Carried 8:0:0 - OLD BUSINESS - Shannan . Upholsterv: The Council will be acting this issue s on on Page 2 . 4, I ' , . January 3, 1994 . January 6, 1994. Joint Planning/Council Meeting: The City Council agreed to meet quarterly with the Planning Commission, beginning January 13, 1994 at 7:00 p.m. Garage Sale: The City Offices have been trying to contact the property owner, requesting him to appear before the Planning Commission. Joe Miller: Joe Miller, owner of Miller Dairy Sales made application for a building permit to add a 20' warehouse to the existing building. Approval of Minutes: Nierengarten made a motion to approve the minutes as presented; seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius, Schneider, Hiemenz. Nayes: None. Motion Carried 8:0:0 OPEN DISCUSSION Grant Application: Commissioners questioned Mayor Reber as to the status of the Cooperation Planning Gran t. Mayor Reber stated that the City has completed the second phase application. .~ Sign: The Commission discussed the removal of the stop sign by the Mobil station on Minnesota Street West. Since the sign has been removed, gaining access to Minnesota Street from side streets has been very di ff icul t. They requested that the Council reconsider the intersection, placing more control on the corner of Second Avenue NW and Minnesota Street West. Councilor Loso stated that the Council will be reviewing this matter again in February of 1994, as the motion to remove the sign was for a six month trial period only. Nierengarten made a motion to adjourn at 9:00 p.m. ; seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius, Schneider, Hiemenz. Nayes: None. Motion Carried 8:0:0 qdy~ Judy Weyrens Secretary of the Board - - Page 3 .> I . Linnemann Inn Parking -- ]0 spaces current 1-]-94 Ordinance requirement = 18 spaces I " I I ¡ II I Lot to remain I I. Garage I ~ , hard pack class 5 - ~ ~ - - - . I 1 I' surface I - - i - -I' I I I - I - I . í 1....-- ¡ " ~ . .! í > n I - - ! ¡ ; HC ¡ i ! Fire lane will be ; ; , ! - ~ . - -~ . . - , ¡ I 20' back from building i I , i ! I i j ! I ..... I i ; . ; i i ! Hike Deutz ; ¡ I ! ! : Linnemann I . I ! Inn ¡ I ~J L__ ; ! -- - . . . . . January 4, 1993 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, January 4, 1993 at 7:30 p.m. in the st. Joseph City Hall. Members Present: Chair Hub Klein. Members of the Commission Donald "Bud" Reber, Sr. Kathleen Kalinowski, Ken Hiemenz, Kurt Schnieder, Dan Nierengarten, Linda Sniezek. Secretary of the Board Judy Weyrens. others Present: Counc i 1 Liaison Stephanie Hazen, steve Dehler, Fred Sanda 1 , Bob Loso, Mr. & Mrs. Al Pfannenstein. Special Use Hearinq .:. Steve Dehler: Chair Klein called the hearing to order at 7:30 p.m. The purpose of the hearing is to consider a special use request to allow for a lodging house in a General Business Zone. The property is located at 33 Minnesota Street West and 1S 1 ega 1 1 y described as Lot 7, Block 9, Townsite of st. Joseph; Lot 8 Less E2' & Eô' of Lot 7 Block Q Mr. Dehler explained that he has been trying to ~ . find a use for the store, and ' ~ before them to request a special use .,:) permit to use the property as a lodging house. R eta i 1 space in st. Joseph lS not desirable at this time. The plans have not yet been drawn, but they wi 11 met 1 , building codes. The design 1 s to have a a I I bathroom for each bedroom and a locked cabinet 1n the kitchen for each .person. Additionally, the rooms wi 1 1 be approximately 12' x 20' and will house 2 students. The lodging house would only be located on the lower level of the building. Mr. Dehler stated that he has sold the building on the corner to Mr. Deutz, but retained the parking lot behind the businesses. Chair Klein asked those present ''¡: they had any 1 I questions. A 1 pfannenstein questioned the number of students that would be 1 i v i ng in the lodging house. Mr. Dehler stated that the plans are not definite, but he is looking at between 16 and 18. The Prep School has contacted him and they are looking at the possibility of renting the space for a dorm for the female students. Mr. Dehler stated that he would 1 i keto see the space utilized by Senior Citizens, but didn't know if that would ever happen. The Commission discussed the Ordinances that define lodging house and multiple family dwe 11 i ngs and questioned hew Mr. Dehler's plans f~'¡' into the Ordinance. After ,'- discussion, the Commission was 1n general agreement that a lodging house is a permitted use in a general business zone. st. Joseph Code of Ordinances 52.00 subd 4(k) reads: Hotels, motels, taverns, private clubs, and lodging. The Commission agreed that the intent of the above section was lodging houses, not lodging. Therefore, Mr. Dehler does not need a special ''¡' He will however, need to comply with use perm1i... all the bui lding codes. Chair Klein closed the hearing at 8: 10 p.m. Mr. Dehler thanked the Planning Commission for their time and stated that he would not request a refund for the Special Use Hearing Slnce the Commission was required to publish and ma i 1 notices. - Fred Sanda 1 : Fred Sandal appeared before the Planning Commission to - discuss the final draft of the comprehensive plan. Additionally, he presented the new maps prepared by the Engineer , office for inclusion s in the plan. Shading wi 11 be used for the different i 11 ustrat ions. The next step in the plan is to discuss future land use planning. Mr. May 3, 1993 . . . , . remodel Linnemann . Store. Mr. Dehler and his partner, Brad Lindgren, s have secured contract with St. John . Prep School to provide living a s quarters for female students attending the Prep Schoo 1 . The Store will be converted into a lodging house, with 1 S people living in the lower level and 12 students living in the upper level. The plans include 2 students per bedroom, a common living room and a corrunon kitchen. Corrunissioner Kalinowski questioned whether Mr. Dehler has adequate parking and if he rents his parking lot to the American Legion. Mr. Dehler stated that he currently has a non-exclusive agreement with the Legion and is compensated for that agreement. However, parking space is not guaranteed. After discussion, the Planning Commission determined that 20 parking spaces would be required for the volume of renters. The Commission discussed at length whether or not Mr. Dehler had to pave and strip his parking lot. \-\ r . Dehler stated that due to the costs involved in paving the lot , he currently has no plans to do so. COlTunissioner Brixius felt that i t IS important that the parking spaces be marked. I f the Legion has an event, and the renters come home, what will assure them a parking space? Mr. Dehler stated that if i t becomes a problem, he will cease the agreement with the Legion. The Commission gerlerally agreed that unless parking spaces are marked and designated . people other than residents will continue to park In his lot. The Commission agreed to seek legal opinion regarding the designation of parking spaces and the possibility of making the building perm i t conditional upon the paving of the parking lot. ~ierengarten made a motion authorizing Mr. Dehler to make application for a building permit. Application IS contingent upon the recommendation of the City Attorney, John Scherer, with regard to the designation of parking. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Brixius, Schneider, Hiemenz, Nierengarten. Nayes: None. \, 0 t ion Carried 7:0:0 Minutes: Kalinowski made a motion to approve the minutes of the March 1. "'a r c h 16 and April J, 1993 as presented. The motion was seconded by Brixius. Ayes: Klein, Kalinowski, Sniezek, Brixius, Schneider, Hiemenz, Nierengarte!1. Nayes: None. '" 0 t ion Carried 7:0:0 Comprehensive Plan Uodate: A special meeting has been established with the Ci ty Council on May 1 3 , 1993. Since not all the Planning Corrunissioners can be present, the following are alternative dates: May 21 , iv' a y 22, "lay 23. - New Business ~ Hearing Request: The Sisters of the Order of St. Benedict have requested the City to consider allowing a special use permi t to allow Page 3