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Home My WebLink About1994 [05] May 05 {Book 05} Mayor ~ Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke _ First Avenue NW Bob Loso .0. Box 668 Stephanie Hazen St. Joseph. Minnes?ta 56374 City Clerk/Adm (612) 363·7201 FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton CITY OF ST JOSEPH CITY COUNCIL MEET!NG May 5 , 1994 7:00 P.M. AGENDA 1 . Ca 11 to Order 2. Approve Agenda 3. Approve Minutes - Apr i 1 21 and Apri 1 28 4. Bills Payable 5. Mayor Reports 6. Counc i 1 Reports 7 . 7:30 p.m. Department Head Reports - Dick Taufen . 8. Clerk/Administrator Repor~ts a) Firearms Training b) Minicipa1 Clerk Election Conference c) Other matters of Concern 9. OLD BUSiNESS: * aì Linnemann inn Parking .... h) Employee Training .,. " b) Fence Construction Complaint . , ROW Property Request 1 I . c) HooKUp Fees Linnemann Inn . , Parking Lot Proposal J) * d) Street Addressing kì Northland ! ! I " e) Keg Ordinance ì ) ADA Prioritization Plan f) Planning Commission Ord. m) Comprehensive plan g) Access Channel Equipment 10. 8:00 p.m. OPEN TO THE PUBLIC 1 . Recess I I. 12. 8:30 p.m. City Eng i neet~ Reports 13. 9:00 p.m. Fence Complaint 14. 9: 15 p.m. City Attorney Reports 15. Adjourn - - ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke Bob Loso Stephanie Hazen City Clerk/Adm CITY OF ST. JOSEPH Rachel Stapleton AGENDA NOTES TO COUNC I L DATE: May 2 , 1994 TO: Members of the ~ FROM: Rachel Staplet n 8 a. Firearms training request from the Chief of Police is enclosed in packet. This course is scheduled to be held twice, September 12 to 23 and October 3 to 14. These courses have been tentatively scheduled to be held at the Bunker Hills Archery Building and the Anoka County Sheriff's Department Firearms Range. . 8 b. This is a required conference for a' , clerks for J. 1. election judge L. . . This lS sponsored by the Secretary '_ ralnlng . of States office. It will be held throughout the state, including st. Cloud State University on .June 23. This is - -... f the one that I plan on attending. 13. Information on the test results lS in the packet. John Scherer intends to attend the meeting at 9:00 p.m. .- -- . :Jra£t to Council [Via y L l394 . Pursuant to due ' , and notlce thereoff the C~ity C~ounc i 1 for call the City of st. .Joseph met in special seSSlon on Thursday, April 28, 1994 at 3:00 p.m. ln the City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber~ Council Ross ~. , t~leKe, Bob Loso, Ken Hieffienz, Stephanie Hazen; Clerk/Administrator Rachel Stapleton. ûTHERS PRESENT: Dave Hinnenkamp: .]udy weyrens. The purpose of J... ~ meetlng ~....¡as 'Co receive and reVle'...¡ tIìe LI1e audit report for ., r............ from A1.ldi tor Dave Hinnenkamp. 1.:::'':1,) Mayor Reber called tl1e meet ing 'Co order and t Llrneà It over to Dave '"'T' , to present the report. He stated that he was hlnnenKamp pleased to report that the city or St. .] os eph agaln received an unqualified opinion. ùaile repor-:. :~Q t 11 a t the ..-.,...: .L ..._ b.as hp.:::,· i-:~-;J ::~ s e :('-1 e d £ 1.ln(1 ,,_, -L i_I -- - - - --- balances: arlct reviewed . , and ~xpen.di t 1JreS r....;i tb t-hp t.[l2 re'\lenues Council. He stated that the City may conSlCler paying off the lease on the backhoe if i+- wishes. He J- , discussed the '- ,-nen Debt Ser"\.;i ce Funds ana stated that the 1986 Bond rund has enough rese!:"ves -co r , +- ' r , !?ayrner~::'3 . The CO~lnc i 1 L 1~nct ,_De rUI-ure rna. ';! . wlsh to C()DSlCier -ces2!::\lina t r-!~ excess ~:... :.1. C.lll·3 t i.lll.ci 3.S a. .:JaCi{ liD -..-.........-- .. 1 . fnnd:-:::. ::J Gi.-"le ~ CleJ~-C .3er~J1Ce w: ~_:L ~ ~ : .-,.-., - ~ ~ .- - - -- '- - ,. - ;.; - ., ....... . - ---- -.- -- --.- . - --- - (Jr! revi eWL'lg the entervrise funds, ùa-;Je stat¿cl t lìa t llì h-i .~ opinion the wate~ and rates . ~... tIle sewer s h 0 ìj .:. (1 CG'Jer cost.s () I: operation. The Cit:: needs ¿-n separate ¡:J 1_1 t. t Ì1ê S Urcl1a r-ges from t~ne water' anc~ sewer:- ser"\llce !:""evenue In. crelel:: to ,. . .?:3.tes the ~-laz en. r ~ql1es t eel C1e<:ernnne - - CD.e CQ11er cos-c.s. ::n.a ~ the C~ounci 1 look. ~ - water and. sewer Y_;:=¡ T ,;;::...:::. a 11 Ct expense::õ 1,1 - - - -- - " to ,. . t })P ade(11-l8. -;-. ~ 'Jtlly cteL e.t-mliì.e - - ra. L es are or - - an adjustment lS needec;' . Long term debt or tile Ci t \7 . a 10:(19 \AI -; i-~, }Jcnds payable and tile " , lease ~ -, .. . , ., erT1!:)loyee compensated capl'Cal oJ)1.1c:¡a-::lOll Inc 1 "LlCteS absences Dava})l¿; ~...¡ hi. :.::: n - - acCl.l}nL¿1 ate(~~ :I ~~. C·;3.. "[. l C ri and sic,~}z leave. - ' conìpl iarlc:e a ucl i t C:i t! reqlli red. by AlSO a was Clone on ;- ¡.~....:::. 3.S receipt of federal arant funds, T(;~ cu.;:: ::: ~;-l t -..¡eac find.irli~~ 2. [1 (~ orlO'C veaL ~i:lds wr:::i_-e None. The rnanagemen t 1 ~T7-~:- recornm~nclecl "" (let ~~ 1 :~IJ iTlvestrnelìt ------ schedule 1)~r iIl\leSCn1êI"lt ,. ua.õ,] '2 d i s C 11 ;s S ~ (1 ~ ':le va::lOtlS types !-) ·C . t . Hazen. requestecl t-'(-;;:.:: C:cL"Ln.c i l \J':"ew the In\les rnerlts, t.naï:. investment schedu:e qtla~cterl y . r pOSSl<=:L:~. .- Written agreements for- loans re cornrnended . reCel'.¡2D.!. e 'J.j¡=::.;p Council genf~t-all y agreed_ ..' . thp r-: i f- -1 . , , seek written - L.na ;:. W2._1 agreements. Draft to Council May 2 , 1994 . Operating transfers were recommended to be charged to the revenue and expenditure accounts rather than fund balances. Dave recommended that payroll reports be filed on a time 1 y basis in order to a\toid penalties. The City should levy accordirlg to the tax levy schedule for debt service ~ , runes. Dave also recommended that the city adopt a formal Civil Rights Policy. Council recommended that the ~. . staff continue to discuss t_l '[ Y with Dave, problems and concerns, as they arise à"Llrirlg the year. Hiemenz made a motion to accept the 1993 audit report as presented; seconded by Loso. Ayes: Reber, rtieke, Loso, Hazen, Hiemenz. Nayes: None. Motion ' r1 carrle~. . Hiemenz stated that he ' , , not be able to attend the Hay 3 Wlll seminar. Loso stated that he intends to attend 't 1 ~ . Loso stated that the height of the fence for Centennial Park . has been changed to five feet, and will be installed lD the middle of Hay. .-n' , . , for the bleachers which the --~ .¡.... bid lflé DlQS '_1. LY on, will open May : .., +- ' Loso stated that he will lTIeet soon -,-,c.n. with Rieke to discuss the Police Chief's contract and then they wi 11 present the information to the Council. Loso made a motion to adjourn at 4:35 p.m. ; seconded by Rieke. Ayes: Reber, p' , Loso, Hazen, Hiemenz. .,1eKe, Nayes: None. Motion carried. ~~{;;;tJdihv Rachel Stapleton Clerk/Administrator .- - . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 (612) 363·8250 EMERGENCY 911 Df=1TE: MAY 5, 1 '3;:3'+ TO~ ST JOSEPH CITY COUNCIL F~Oi'1 : CH I EF L I ¡'IDGPEN SUBJECT: FIREARMS INSTRUCTOR COURSE DEAR COUNCIL MEMBERS, AS YOU WILL RECALL, STEVE ERICKSON WAS APPROVED AND SCHEDULED TO ATTEND THE MN BUREAU OF CRIMINAL APPRE~1ENSION FIREARMS INSTRUCTOR COURSE. HE RESIGNED PRIOR TO THE COURSE. I BELIEVE I ASKED FOR AND RECEIVED APPROVAL TO SEND ANOTHER OFFICER, JEFF YoUtm, H()~JE \.) E F: 'J I CANNOT FIND THIS IN THE . ¡'I I Ì'~UTES. I JUST RECEIVED CONFIRMATION THAT OUR AGENCY HAS A SI:i(:11" RESEF~VEl) FOR lJS, f")t~I) WCitJL.I) L.If<E CCilJi·~IC:IL. (ir~F¡r~n~)(ìL TO ~)Ej···¡D OFFICER YOUNG TO THIS INSfRUCTOR COURSE. f::'¡S -,- I j···lF" C P ¡'lE:: Ü ~{U t.J PREVIOUSLY, THIS COUF~!:)E WOUL.D BE OF G¡;:[~n \,..IAL.UE TO mm (HÆHC¡' (\I'm CITY. THE COURSE IS NOT OFFERED VERY FREQUENTLY, nND THE F~ E H n S n L 1'1 0 S TAL. \~ I::¡ Y S BEE H (.j t-J (J I T I ¡---! G L I ~:; T F:- CJ R THE CO U r;: ;:, E " THE COST OFf HE COURSE IS $400.0Ø~ A ¡--¡ D I 'J n ~:: ¡-~ C L U:3 I N c¡ n C U F'/ OF THE LETTER FROM THE B.C.A. ¡::)f,IÜ THE ¡:;:CC:¡If,TF-:nrIOi'-! FUi:<f'l ¡::u¡~ OFF I CEF: YOU¡-'.j[i. THnr,II<IUU I ¡-oj (~D\))~I--'¡CE. SHICEREL Y ~ ~~~-- CHIEF OF PUL.ICE . J College of Saint Benedict . 37 S, College Avenue St. Joseph, MN 56374-2099 April 25, 1994 Rachel Stapleton, Clerk Administrator City of Saint Joseph P.O. Box 668 Saint Joseph, MN 56374 Dear Ms~ Stapleton, As you are aware, the College of Saint Benedict is currently working with the City of saint Joseph to assign street names and building numbers to its campus buildings. This project is being undertaken in order to facilitate an improved database for the processing and dispensation of emergency (911) calls. My understanding of the current street name/number project is that a new grid to incorporate city and township street names and . numbers has been proposed and must be presented to both boards for discussion and approval. I also understand that a joint City and Township Board meeting has been scheduled for May 10, 1994. Therefore, I am writing to request that the proposed grid be placed on the agenda for this joint meeting as the College can not begin its process until a new grid is approved. The College is attempting to complete this project (including set up of a computerized database and system testing) prior to Fall Semester 1994 and the cooperation of you and the City/Township boards in taking action on this matter is appreciated. If there is any additional information which would be helpful to you or you feel it would be useful to have a College representative at the meeting on May lOth, please feel free to contact me at 363-5048. >'-' c: Dick Taufen, City of st. Joseph - Mike Ryan, CSB VP of Administrative Services Merlyn Jerzak, CSB Director of Physical Plant - --.-. --_.- --' - .. - -'------ - . -- I " ~_ _ _- _ -- -- ._, , ~ - , . Huntingdon ,7 T.....ln City Te~:rng CC~or¡;¡ion . =12 '::.~,,~.....~:: ':'1.~::iJe ... - - - . ~~ .): ::?~.". ·...~i:-·:.:-s,...::.:: .;; ".:.477":; . _"~S·~·-·,!.... c..'l·-'r1MIt.; '11rJf'·""'·U"·7J .)." ...,.. .:;... _. 1......1:-.- ~., "I'~ .. .-,""...." ... ....... ..', .::;, ~~~3c!r . TO: City of St. Joseph DA TE: April 29, 1994 Attn: Ms. Judy Weyrens 21 First Avenue NW P.O. Box 668 PROJECT NO: 4122 94-5038.01 St. Joseph, MN 56374-0668 PROJECT: 415th AVENQE COPlES TO: (1) Ross Rieke ST. JOSEPH, MINNESOTA REVIEW OF WOOD FENCE- .ïRODUCTIO~: This report presents the results of our testing perfonnerl on the wood fer¡~ at 4.1 5th Avenue in St. Joseph, Minnesota.. The srope of our work was limited to: l. Obtaining one sample of the wood fence. 2. Perfonning chemkal analysis to determine the presence of the wood preservative creüsote. 3. Preparing a written report. Our work was authorized by Ms. Judy Weyrens of the City of St. Joseph, Minnesota on Apriì 18, 1994. FIELD OBSERVATIONS AND SAMPLE IDL~ìTFICATION: On April 20, 1994, Huntingdon personnel visited the residence at 41 5th Ave. in St. Joseph, Minnesota. A wooden fence Vf-æ; obseI"'/'ed on the west side of the residence. The fence was r.m.nir.g in an ea.5t-wes! direction . on both the nor+J1 and south properry lines. , A sample of the fence material was obtained from the south fence approximately 12' -6" east of the south-we.st corner of the fence. The sample was taken approximately 4' above the ground. The sample was approximately 1" x 5" x 3/4 H in size and brown in color. The sample was returned· to the Hunt11gdon laboratory for chemical -plysis. $;.. M\)~.A~ :JC;Oi!::Cí:O~ ro ::::':r-.Nf~. ~~ ¡':U:L:C .~f\." ÇV~.sE:.:";S. At:.. ~VIN c:-y TES-lt,¡G C~~POr.zjv~ ~~~C:¡~3 ":"?E .sU8~/I-" F-; ~ -hi: :::')":::::::,::-:,,._ ,::;(.=-~::,-." ..:= :::-_.:'~-':: :'-~O AU....H:'=·l,.¡Tç~ ~ÇM P:.J;.;:;ç.:.¡:C"'; \:= 5~AT5.....a=!'~7:::. -:C":C:"~~S¡ÇNZ or: ~X-~foJ:¡:CN~ ~;:IC'l. Ç? Re:G~:!~-G :)i)? ~~C"Op"S ~~:. =::-:~:::;"'!i::; r;;~I';ç;~:~ .:L;~ .::-.::- .','-':'---:': ':'_-::-=;:'.-;..;. , - " :-:.:E:~:~2 ' -- jfìY-02-i.994 10:00 FROM 7C7 -ST F~LL -;:;Ew.~-· CSN - . DATE: Apru 29 1994 ~OJECT NO: 4122 94-5038.01 PAGE: 2 REVIEW OF WOOD FENCE TFST PROCEDURES: Chenûca1 analysis of the wood. sample was condu~..ed in acrordanœ with Huntingdon Project Num~r 4411 94-3464. A summary of the test procedure is as follows: Several portions of the wood sample were scraped with a surgical blade, and the resulting powder was collected in a 8 mL vial. A small amount of methylene chloride was added, and ~e vial was agitated to extract soluble material. The extract was cast as a thin fùm on a potassium bromide optical plate. The infrared spectrum was obta3ned using a Digilab FrS-60 Fourier transform infrared spectrometer equipped with a Model 3200 computer. RESULTS: . following is a summary oÎ test results: Based on the infrared spectrum, the methylene chloride extract from the wood sarnple appears to be a coal tar (creosote) type p~ative. This conclusion is b2.sed on similarities bet'...·~ the sample s~trum and reference spectra of coal tar. Please find enclosed the infared spectrum for the sample obtained on April 20, 199.1. as weU as the saJnple obtained on February 7, 1994 per Huntingdon Project Number 4411 04-2588. REMARKS: The wood samples will be retained for d1Írty days from the date of this report urJ~s further arrangements are made by the client The Spectra will be archived for ninety days from the date of this report and discarded. If we may be of further assistance, or if you have any questions regarding this report. please contact John Lee at (612) 659-7340 or John Amundson at (612) 659-7445. lIU1frni,,'~\ 11'1 r,I"iUli'U:.!:.l1'...lNU AND ~NVm.O~""MLN1'AL, INC. j~ ~ß ~-.-J JohnA. Amundwn. fl~1 ftnff ta!11lJ._. ~emor Engineer ~struction Services Construction Services - 94\4122\R.SQ3S .01 - ----- -- - -- -- - -.. - -',. - .-.- -- -.. -- ---" ---:::::--:---. è-::-·--:-'"-::-=-_:._-:_ ".~-::__'=-::_---'. '.:':::":-~'_-::_'_~'." . ! ¡ : ~c ~ "" I I 0 C'J ,;" . l!1 -.;;;- .. I CO V · I CO U1 ¡ I -- Z I . <X: I . . . ~ / 19 ~ r ~ ~ ,0 t ~ ¡ ~ ' -- ,! .~ i' _ i . ,~: . <'0 ¡ i-0 · '$ , tr'1 ~ :~ - ;::1 I "'"..... . l!:J C;; , ,... ~ 4 / i ("f1 ai' ° I ~ ~ l i ¿ f!'11 I:) / ;J \ Lo ~ ¡ _ a ' :> ,a ~' ... I Q I ; aU) ........ ..= ~ } <: . ru'- ... a _ <\":1' ..£ t~ ¡ : '" '<T _0 \Ie- _ ,," ' : .D -. ; ___ ! ~ "ê a~ t t'" /' 0 ~ ' = 0'1 '" ~., -. ~ N '. ' ~ ~ lii'r N ~ ' ~ - ~ / ~~ / ¡ ~ c:; §;.s I ( La", '" "" / ¡ ,a tr'1 · , ¡ ,ID - / :' ru -~ ~_~ . 'C\J'- ~ '0> ' . - I ~ ~; ¡ ¿ ',; § . ----- ~ ' ~ ,-... , -" , , '--' ' ~ , ' -' I CD' ¡ '<T:;:~ ,,' ' ~ ," ~ I' I I < ¡ 0 .' '" I f ~ ~a ~ ,en i " ° I ,,' I' r>1 I , L- " I r- \ ,I j' ". \ " , ,i' ___ ,I , " , ~ \.: ! L. "'" " ' r- :s ,,: 0 ; U ~ '-. ,'2 : , ~ ' ,u. r- Z!f \ ,cr¡ . ,~ I , ~ ' '" i'- I " I _ c~ ,---' :' " ~ .. ,- ' ' ~ - I ., ' ' ~ ' _ 0" --- --- i ;;.: '<T '" ' -- ,.,,- o rul, - ' 1..--, ~ ,¡~ . I '-' ~ ~J <.a' <;> .:.. ~<;>' "-' "'0'- 0 .. ,a ,. C' , ~ D rr: C C) - - ' v U OJ 0 ~ ' lli <;>' .J ~ ' m I \6 .!; - I I ! , ; --- SEH-ST CLOUD Page 1 Job 192 Apr·O~ Mon 15:45 1994 ........ ·---6 , " . ":-. '.' ".1: ,o.ll ~ I :'.- I: 1,,'1,. :'" ···~\··I·'il . .,·...J..~f:···'·,. .. .·!i,~j~c1!'H·.IJ:·;i.:;' - 11'·~:'V."--:{"'!~H!'!{(ÌN _ _' __. _ - ---' _C,__,c_ - - n_. __~J_o"~ .~..'_·~__-___-_._~_,c - -. T _ ._ _ . -..-_-",." 'c_ __.~__;c_ -: ~o_~o-_ ~ '-'C. - - - -"-- - "- ----,.--- - - -April 4,1994 RE: St. Joseph, Minnesota Northland Plat 3 SEH No. A-STJOE 9409.00 St. Joseph Planning Commission Cit.y of St~I~ 21 First A'Ýê8fieNW -pti]Joi-66g--~- ---- ---.- St. Joseph,>MN 56374-0668 Dear Members of the Commission: 1 have reviewed the reviewed the preliminary submittal for Northland Plat 3, and have the following comments: - 1. A cul-de-sac has been added to the ea.~tcrly extension of Gumtree Street. The - recent sketch plan showed this as a park entrance. If lots are to he deve10pcd in Block 1 as shown, then the cui-dc-sac, though undesirable, is appropriate. 2. On the original sketch plan dated February 2, 1994, the area shown for park includes basketball courts, parking, and ball diamonds. The development of Block 1 effectively precludes a significant public access to the park are-3.. In addition, the area currently designated as park serves primarily as a drainage pond and, therefore, is largely unusable for the original purpose intended. While it is not uncommon to combine park and dr.-iinage facilities, the usable portion of the park should not be an area that floods during storms. 3. The preliminary water main layout is acceptable. 4. The preliminary storm sewer layout is acceptable, subject to the park issue noted above. 5. That portion of the sanitary sewer layout that relies on gravity sewer service is acceptable. That portion of the sanitary sewer layout that relies on a lift station does not follow our current comprehensive plan. The comprehensive p1an has a gravity sanitary sewer coming frum the new lift station instal1e.<1 oouth of Joseph - Street. The long-range plan includes a trunk sewer extending west from Joseph _ Street to County Road 133. then southwest along County Road 133 to the tracks, then west and north into the Brandenburger property and the Northland Plat 3 area. Since the timing of development may not coincide with the timing of this trunk sewer, it will be necessary to further review the plans for this portion of the development. , St. Joseph Planning Commission .... Page 2 April 4, 1994 -- 6. A 30-foot drainage and utj1ìty easement should be provided along the southerly line of Lots 4 and 5, Block 10. This will provide room for extending future utilíties along the north railroad right-or-way. This concludes my remarks. If you any additional further questions arise, plc.ase give me a call. Sincerely I Short Elliott Hendrickson Inc. r /S<~ H~ ! 0 ',.,.. Joseph R. Bettendorf, P. E, Project Manager djg (D:\FILE\STSOE\\I409\CORR\AI'-4^ 94\ - -- - - , , ." ,1 < , ' i t C . ~f~i~;iè::><::' ....... · ":~ 3 6 I ¡7 1 'f . ';' ." . ÎYI~ / ~~;.s.'c' ,>..c· , ,~,,' "-,,' c~ , ,~ . . .J) Ci-"t'0 #U~~ /t~ tF<~ ß~J ¿~1J þf I;L I ,~¿f /' '. .Str·~ ~~t~· d .-d~t Z- rJ.Æ ~ I 7 7 f5. ~c'-<~4..~j JI ¿~ 1"lfJ- ;f~ ~ ;P~ tf~'J~ /:0tLA (~,/L'-ðL ¿d~ Ù0. tþJ.~ ;ftV'~~?/J'7f.-ð'-?-~ ,¿ rC- _¿yP .y,uJ.¿U' Á . ;:Cl~1 ) -- ' / I ¿ é-;. Y'~ /!.-r '-' ....¿ -<- ¿. - .' . ," £- ;;.' /:... :-'-'~ ..' . <...¿" " j - - - '" ~ -," ~/l.-¿ ~~~~-;?'-<;' jÎJ 7' /1,7 f, . -:z¡:. . -' -, . , ~L--L/ To/if /', ~<-. ¿'-'-- -¿¡::"C.L?~¿Cr- ,- I ~L C C~J &~.J-.k~ ? i {t (~ ct 7 é~'4'. C I f ¡ , ¡ Jr¿¿ /"-t'--::L<L µ (L.út.-,0{, < V~" ' 7r ~ / f-' 'L- /vTtA<.: IJ ~:) f d2 .v~, U·1,...-t/ [L..?<-Æ ,,' J;;"¿-'-<'/ ' ç/?-1~(.'-C.-<..-- .' /?:U-~-¡U¿~ /~ì~~<~~J ~?~~1-,?~ '~ #ù.T /1-t,-~·é· < .1-/ C '.[-'->--(>-7-<-0 ~ (: tù. ¿ t~l¡j ~'- I{J ,- L "t ,,:7 ' '''-~ /}I" ct'/, /, -.<, /7 "'j (!/J." -' / . _ /;;L..<... <-- . - c. - '- "~'':- ¿. L.- ...,:->- ,.¡,..--Lr v-. ..... ~ Ý/~ ¿~.jC. J'i"C~)~jt'.~c.~. J~c:.<L(a4~'·Á.j t-~·T /lÆ<-. '.s:j~ ft;~ç't../L-/' /J..> ,>.~L./f,..t/--/:.0~-- ~j: ,i /¿ , .,.,._{ '?: ; llÆ..··r:'-/¡.·...~ . ; Y" ./}7-L~. / t<, .I·. ). . - . -- ~- (,...--. {,.~ ' : - . , "-<-- ¡ , , - ~ç~ St. Joseph Parks Commission -- . '\ - _ i/__ St. Joseph, Minnesota 56374 ,- --=-'-'''0<~ Minutes from Meeting of April 25, 1994 _ ._c_ "_ . - - - --- ---,_" 0"_'- .....,.-_,._.,=-:... _00- . _~-_ _~ :"~;}~MeetingwasC&àlìedto order by John Anderson at 6: 35 µn. - Members present: John Anderson, Darwin Erickson, Joe Braun, Marge lesnick, Richard Schult, Claudette Klein, Liaison Bob Loso. Members absent: Irma Lanier, Fay Gretsch. Approval of minutes: Minutes were approved with one correction in the Liaison report: $5,000 to $6,000 in place of $3,000 to $4,000. John Anderson approved with Marge second. Millstream Softball - Area has been graded and moved farther out and new fencing will be installed. Project could cost between $17,000 to $20,000. --~- Last Council meeting the Fire Department was present and proposed the use of Centennial Park for their new fire hall. Park Board disapproves of this move. Futuristic thinking: new fence along south and east side of Centennial park. Marge received estimates from Bemboom and Trojan. Board decided temporarily to accept Bernboom's estimate. Park Clean up: Joe sent fliers to organizations and placed them around town for April . 30. The Maintenance departIIlent will furnish the garbage bags. Tree planting: Rich has ordered 500 trees for $185.00 and date of delivery has not been set. 4-H group will help plant according to John Anderson. More help would be appreciated. Trees will be planted in Millstream and Morningside Parks. Nesting Signs: Rich checked with DNR and they do not have signs. lIe will order for Aluminum signs to be posted in Morningside Park. Motion made bv Joe and seconded bv ./ .. Rich, motion carried. Park Rules: Attorney will make a statement regarding 1.IDcased fire arms in parks. The rest of the rules were accepted by the C01.IDcil. Revie~N of ADA Priority list: At the meeting the priority list was broken down to a 5-plan and cost was given as listed in ADA report. A special meeting was held on April 11, 1994. Bleachers in Memorial Park: Bids for bleachers from Sau..~ Rapids were due in April 25. Price for the porject could be $15,600. Lions donated $8,000, City Cou..~cil donated $7,600. A new back stop is included in above cost. Slab for bleachers could cost arou..~d $3,000. A motion was made by Claudette to pledge $3,000 fr.Offi park monies for a slab put under the proposed ahJr~linum bleac~ersb seconded by ~rge. MQti~ gassE;d1 Bob Loso received a letter regardlng a coverlng e put over grlll area 1Il n ennla . A recOlmlendation was made to have Maintenance department check all park equipment for repairs and painting. - A thank you note was received from the Stapleton'family for the flowers sent. Meeting adjourned at 8:00 pm. Next meeting will be May 23, 199¿~. Respectfully submitted, ~~ Claudette Klein, Secretarj Mayor DOlald "Bud" Reber Councilors Ken IDemenz Ross Iµeke Bob Lòso Stephanie Hazen City Counci1~Meeting May 12, 1994 7:00 PM u~nAGEIIDA~- ~. __ __~ ___d_ 2. Discussion o£ ADA Prioritization Plan 3. Adjourn . ,. , < - - · .. April 18, 1994 "", · Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, April 18, 1994 at 7:30 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Linda Sniezek, Marge Lesnick, S. Kathleen Kalinowski, Dan Nierengarten. Council Liaison Bob Loso. City Attorney John Scherer. Secretary Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Steve Niedenfuer, Mary Niedenfuer, Jeff Blease, Bernadette Motzko, Michele Lindell, Oda Larson, Stanley Larson, Michael Murphy, Coral Hienen, Jesse Kellen, Nick Kellen, John Welsh, Mary Krafnick, Elizabeth Doyle, Winnie Montagne, Judy Pierskalla, Howard Pierskalla, Gerald Knapp, Kathy Scheil, Mike Hazen, Cheryl Josephs, Wilt Berger. HRA ~ Special Use Hearin~: Chair Klein reconvened the hearing of April 4, 1994 at 7:30 p.m. The purpose of the hearing is to consider a special use permit. This permit would allow for the operation of an R- 2 use in an area zoned R-3. The special use permit is being requested to construct six (6) two (2) unit duplexes. The property is legally described as follows: Lots 1 , 2 , 3, 4, 5 , 6 Block 1 Cedar Village I I · Lots 1 , 2, 3, 4 Block 2 Cedar Village I I I The request for special 'use has been submitted by the Stearns County HRA, 619 Mall Germain, Suite 212, St. Cloud, MN 56301 . Cheryl Josephs, Stearns County HRA, spoke on behalf of the project. Ms. Josephs stated that the project has been re-designed with the only access to the project being Outlot A. The proposed layout meets all the setback requirements, therefore a variance is no longer being sought. The proposal includes twelve garages with an additional twelve parking spaces. Ms. Josephs stated that they have received a legal opinion which clarified that Outlot A is owned by the Cedar Village Townhouse Association. Ms. Josephs will be meeting with the President of the Association to negotiate an agreement for access. Chair Klein opened the floor for questions. Mike Hazen: Since Outlot A is a private driveway, how can you plan a development with the only ingress/egress through private property? Ms. Josephs: HRA is not proposing to use Outlot A ~nless they reach an agreement with the Association. Steve Niedenfuer: If you do not negotiat~,an agreement and receive - access, what will happen to your plans? Mr. Ber~er: If an agreement is not reached, then the plan will be - redesigned with an ingress/egress off Tenth Avenue Southeast. Jeff Blease: Mr. Blease stated that he represents the Cloverdale Townhouse and Cedar Village Townhouse Association. Mr. Blease Page 1 April 18, 1994 . '- presented the following information: . l. St. Joseph Code of Ordinances 52.2 subd 6,7,8 (purpose and intent of Ordinance) 2. Standards for applying for a variance. Mr. Blease felt that HRA needs a variance since they do not have legal access to the development. (Mr. Scherer, City Attorney, stated that this is not a variance issue) . 3. Questioned the setback requirements and if they are being meet. 4. Standards for a special use permit. S. Discussed location of the proposed development and discussed the surrounding plats and the Outlot. 6 . The formation of a corporation to include Covenants, Conditions and Restrictions ( CCR ' s ) . The CCR's were adopted to have a voice in how the property would develop. The owners have taken extra ordinary protection for themselves and maintain the values of their property. 7 . Planning Commission minutes of 1982, referring to the Cedar Village development. Townhome development was the long range plan. 8 . The Comprehensive Plan adopted by the City of St. Joseph. Howard Pierskalla: Presented a petition signed by 53 residents near the proposed development stating: "We the undersigned are opposed to any rental unit apartments on Lots 1,2,3,4,5,6 Block 1 ; Cedar Village I I ; Lots 1,2,3,4 Block 1 ; Cedar Village I I I . We are asking the City to . consider rezoning said property to a R-1 zoning, Single Fami I y residence. " Klein: Chair Klein accepted the petition. The following comments were expressed by residents present: Mike Murphy: He has good neighbors and they take care of their property. Low income rental units will de-value the current property. Mary Niedenfuer: The current townhomes are selling very well, so why wouldn't you continue with this type of development? Meadowlark apartments across the street sit vacant most of the time. The neighborhood is not a transitional neighborhood, it is very stable. Ms. Josephs: It is not the mission of the HRA to provide owner based family units. HRA will be the manager of the proposed development and they will not want the buildings to deteriorate, they will keep up the maintenance. Commissioner Sniezek: Questioned the screening and how the HRA would handle residents that were causing a problem. Ms. Josephs: The HRA screens very carefully all the residents and do evict residents who are not ac ti ng accordingly. Jessie Kellen: Questioned if they are building such nice buildings, why don't you raise the rent, increasing the income level of potential - residents? - Ms. Josephs: I t is not the mission of the HRA. Page 2 . . t' April 18, 1994- ~ -JeSSie Kellen: Questioned if they had considered placing the rental units along the back of the property with the parking lot along 10th Avenue SE. The proposal, as presented, has the parking lot adjacent to their backyards, causing an unsafe condition for their children. Bud Reber: Questioned whether or not students would be occupying these units and the density of students allowed in the units. Ms. Josephs: These units would be rented to families and one of the members of the f am i 1 y could be a college student. Therefore, she could not say that there would be no students in these units. City Attorney, John Scherer, stated that the Planning Commission would be reviewing the final site plan once the access issue has been determined. Mr. Scherer stated that the Fire Chief also needs to review the plan for fire access, allowing ample space to maneuver equipment. He would recommend that the Planning Commission consider only the plan before them at this hearing; should the plan change, they would need to appear before the Commission. A change of plan would also require a public hearing. The special use request could be approved conditionally; pending approval of an easement and approval of the Fire Chief. The property is R-3, so if the buildings were joined by walls, it would be a permitted use, and a hearing would not be required. Also, is a . permi t ted use in an R-J area. After all those present who wished to speak had the opportunity, Kalinowski made a motion to close the public hearing. Before the matter wi 11 be considered by the Planning Commission I the following items needs to be completed: 1 . Approval from the Fire Chief to determine adequate access and space for the equipment. 2. An Easement for access on the property platted as Outlot A. The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Kalinowski, Lesnick, Nierengarten, Loso. Nayes: None. Motion Carried 6:0:0 Chair Klein clarified for those present that this matter wi 11 be placed on the May 2 , 1994- Planning Commission for consideration. Consideration will be based on the site plan presented at this meeting. Should the project need to be redesigned or changed significantly, a public hearing wi 11 be conducted. The hearing was closed at 8:30 p.m. ') - CZf:'i ¡~7U,yt4 - udy Weyrens Secretary of the Commission Page 3 . MAY- 2-94 MON 14:58 DONOHUE RAJKOWSKI LTD FAX NO. 6122515898 P. 02 . V I I I RAJKOWSKI HA N 5 M E I E R LTD. !\lIcn!~y! at /'ail.' I I Reply to: St. Cloud I ......VIA FAX-- ST.CLOl'D : \ &Ct,,'¡?nth A'·~:'\:lC! Nvr:h I May 2 ( 1994 r.O. tlox 1433 Ms. Rachel stapleton S:. Clou¿, MI\' 56'0¡-HJÕ I st. Joseph City Clerk 612..251·1055 ¡ City Hall 8(1(:044;·9617 P.O. Box 668 FAX 512'2SI'58Y6 st. Joseph, MN 56374 i RE; Sandblastinq Ordinance, Dumping on city Property, I\1!NNIOAPOLIS I Firearms at Millstream park, Fence construction 2904 P¡.~. VII complaint and Centennial Park 45 5\:uth 5~vtm~h 5tl'l!E'~ Our File No. 16,395 f\1ir.r.C!i1p~;i:'O, MN 55-~Q2·15'O I Dear Rachel: . G 1 =:' 339'9206 I i ~Ot~·.:;.t~·-161í ¡ this letter addresses the issues which arose at the FAX 6i2'25)' 55,S i April 21, 1994, city Council meeting: i ! I 1. Sandblasting Ordinance. I have had an opportunity to check with area cities (Cold Spring, st. Cloud I and waite Park) and have found that none of them rRÆ~K 1. R".u!(o~,t.s~ .. I have an ordinance regulating sandblasting. I have GORI)QW H. H,~N5.v.mR also reviewed the index to the state statutes and F~.tr)ëH.:CK L G~!)NK! I regulations. I found nothing regarding THJMM G. ]O¡'A,\;Ç¡:C¡; I sandblasting. I also reviewed the index and table I of contents for the Uniform Building Code. Again, ];:;J./N H, S;:¡¡CREk i I found nothing. It is my personal feeling that p,~:.!~ P.. R.~;KQW:;(/ I this is an area where we should not undertake KE'm, F. G.~^y regulation, at least as of this time. If I \.o\'I~{.]A~,~ J. C,l';HA~.'\:-'· I sandblasting under certain circumstances does i cause damage or injury to adjoining property, the VA Viv T. 5HA;o- I r-l!(,!.l.:..~n '1\'. .;;nRA! VAIi:R.." adjoining property owner does have a civil cause ,\f!Cl;lIEi.. c. RA.1KOWSKl of action for nuisance or civil trespass. In the I rare circumstances under which sandblasting activity does cause damage to adjoining property I owners, I believe that the civil remedies would be sufficient not only to protect from future harm I i but also to provide them with a remedy for damage. ]AM.~5 H. J<m~, M.D" F,A,C.P. - Ma;,:c,,:. CON.¡UL7A.>.;T ~. HI\N,MõI¡¡R IS ADMI~¡) TO ?Mcr¡C~ 2., Dumpin~on city Property. I ,believe the issue of tN N~F..7H DAKOTA AND WIKOp..~, dumping dirt or debris on public property could :'^~-. A. ~JXQW~~~' \\,~r.'QN"IN probably best be addressed by some slight v \Vt;.J..IAM J. û.,':¡HMAN L~ So::rH DAKOTA. ~ amendments to our current ordinances. Ordinance . M""o~QP AMP."'''''' 35 governs activities in public parks. Section 8oAJ'.Q ~ TII:1AL. Ac;"0CA7ES. 35.3 prohibits disfiguring or damaging park I i " J . MS. Rachel Stapleton May 2, 1994 Page -2- faciliti~s. section 35.5 prohibits litterinq at parks. I believe ~hat the language of both of these sections could be expanded to include dumping of dirt, gravel, leaves, lawn clippings, dead animals and other debris which may find its way onto park property. Ordinance 107 deals with the deposit of garbage and refuse. This ordinance goes beyond park property to include vacant lots, streets or inhabited properties. This ordinanoe could also be modified to include such items as gravel, dirt, grass clippings, dead animals or ani~al wastes, and other debris, so as to prohibit dumping on any properties without permission of the property owner. Currently, neither of these ordinances really address the issue of âumpinq of dirt or gravel. To address those issues, I would recommend working within the two existing ordinances and simply expand the language to include the items which I have discussed herein. Upon your direction, I will draft the actual aroendments. 3. Firearms a~ Millstream Park. I would sugqest that the Park Board enact a rule prohibiting "unauthorized firearms" . within the park. Gun use in conjunction with firearm safety would be an authorized use. Alternatively, the Planning Commission could pass a rule excluding fire arms except those brought in to the park in conjunction with firearm safety. Rules posted at the park could simply say "No Firearms", but the firearm's instructors and students would know that for pu~poses of firearm safety, they are excluded from the restrictions of that posting. 4. Fence Construction Complaint. Before addressing this issue, I would like to see the results of the testing from TWin city Testing. Would you please provide them to me as soon as they are received. I will respond with a supplemental letter to thé council at that' time-. 5. centennial Park. With regardt.o this issue, I have reviewed Tom Jovanovich's let.ter of May 8, 1979. The opinions he expressed in t.hat letter'· are still applicable today. Clearly, where property is dedicated or taken by eminent domain for a specific purpose, the public entity must continue to use the property- for thä~ -purpose.'· . Where the city has acquired park prOpérty by deed ooni:aininqno restrictions, theuaut.11orJtyfo):'the.city to sell the property or use thE! pr()pertYfR+,~.9t'her purposes·....is uncertain. The reasóiffc)):'-'t!1tf~ ~l)q~rtainty. is" tbat' thfs is.sue has notbeE!l'l.aci~J:'~~é~q,þ}j_}(!J}Ìiesota·· qouZ:1:'.s.:·2:t.l1as .......... been addres sed· bY;'·COU~.~ª;~';ri;:9tn@~{§~a. te i. an~'y~r ioll:;¡sta.te.s - have arrived at differerit:;deêisións~· ,- ...' ,. . .. " . Ms. Rachel Stapleton May 2, 1994 Page -3- In this particular case, it appears as though the property was deeded to the city by a deed that contained no restrictions. Minutes from the City council meeting, where the deed was accepted, indicate that the intent and purpose of the transfer was for the land to be used for park purposes. Under this scenario, the court in other states have rendered decisions on both sides of this issue. It appears as though the majority of the states would allow subsequent sale of property where it is deeded by a deed which does not contain a restriction or dedication. But again, I want to reiterate that the law is not clear in this state. I also wish to emphasize that any purchase, sale or capital improvement to real property owned by the City must be reviewed by the Planning Commission before action is taken. Minn. Stat. § 462.356, Subd. 2 provides that after a comprehensive municipal plan is recommended by the planning agency and filed with the City, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be . authorized by the municipality until the planning agency has reviewed the proposed acquisition, disposal or capital improvement. Therefore, I believe that the availability of this site for fire hall purposes is not certain but probable. I assume that that uncertainty will be a factor considered by the Council in weighing potential sites for a new fire hall. If you or any of the other Council members have questions prior to the meeting, I assume that you will be advise me of those questions. Very truly yours, JHS/baz L:\gen\16395\af050294.011 - - V