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Home My WebLink About1994 [05] May 19 {Book 05} f,'/e ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke First A venue NW Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363-7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton CITY COUNCIL MEETiNG May 1 9 ! 199.:1. 7:00 P.M. AGENDA 1 Ca 11 to Order 2. Approve Agenda 3. Approve Minutes - M;:¡v 5 and M8_y 1 2 . . --~- . .:I. Bills Payable 5. - . Report Ireasurer S 6. ~1ayor Reports 7. Counc i 1 Reports . 8. 7:.30 p.m. Department Head Reports - Brad Lindgren 9. Clerk/Administrator Reports a) Liquor License Applications b) Security Light for Parking Lot c) Board of Rev8iw Changes d) Defer Assessments e) Proposal to Annex Parcel f) Sidewalk in Front of City Ha 11 aì outdoor Liquor Permit - ,. hì Other Matters of Concern , 10. OLD BUSINESS: * ;:¡ì Linnemann inn Parking * hì Dumping Ordinance Amend. -, . , b) Ceiling Mounted Screen i ) ROW Property Request . . * c) Hookup Fees Linnemann Inn .... n Nudity Ordinance .,. ... . rJì Street Numbering * k) Northland I ! I - , e) Leaf Burning Ordinance 1 ') ADA Prioritization plan . , f) Planning Commission Ord. m) Comprehensive plan * g) Access Channel Equipment * n) Employee Training 1 1 . 8:00 p.m. OPEN TO THE PUBLIC 12. Recess - 13. 8:30 Northland Plat I I I Terry Schmid p.m. - -_.~ 14. Adjourn ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke First Avenue NW Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph. Minnesota 56374 (612) 363-7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton AGENDA NOTES TO COUNCI L DATE: May 16, 1994 TO: Members of the council FROM: Rachel Staplet.on .., Corrected minutes from the May 5, 1994 meeting are ..:1 . enclosed. The date of the meeting on the first page is corrected along with corrections on pages 4 and 9. You will receive the draft copy of the minutes from the Special meeting of May 12 soon. Consideration of the may wait until the next meeting. . 9 a. Enclosed in packet is a compilation of the liquor applications. Approval is needed by the Council but I will not execute them until all fees and insurances certificates are received. 9 b. The renters have asked that a security light is installed in the parking lot for safety, now that they are not allowed to park on the street. T am getting an estimated cost from NSP Company. 9 c. The compiled changes is included in your packet. 9 d. The agreement with the Development Corporation, to give the City an easement for sewer, provided that the assessments on the property, which is adjacent to Pond View Ridge, would be deferred. Inadvertently they were certified as current and not deferred. I am working with John and the County Auditor to get this corrected. 9 e. I discussed this issue with the Mayor, Bob and Stephanie at the May 12th meeting. Denise Thelen owns property at 313 Minnesota Street East, and wishes to annex it in order to get municipal water and sewer, which are available. I recommended that she talk to her neighbors to see if they would be willing to annex at this time. The cost to annex would be minimum $100 plus the cost of getting water and sewer to the property along with hookup fees. 9 f. Information from Dick is in the packet, from Gary Roquette, the person whose company originally installed the - sidewalk. 9 g. Application is in packet. , . .., ~ .. 10 John Scherer may have forthcomming information. a. 10 c. John Scherer may have forthcomming information. 10 g. M.ike from the Cable company has agreed that they will be required to pay the $10,000, but he will be requesting that you consider a payments to be made over a period of time. He also recommended that we get the ground plans laid before we purchase the equipment. 10 h. John Scherer may have forthcomming information. 10 j. John Scherer may have forthcomming information. 10 k. Terry Schmid will be here to request approval of the plat. Enclosed in packet is a copy of the Planning Commission recornmendations and a letter from John Scherer dated April 15. 10 n. Employee training is set for May 24 and 31 at Rice City Hall. Dick Molohon requested that the training be done in a bright sunny room ând recommended to have it done at Rice '.c the Council wishes to have it done off site. lL Mark you calendars for the business retreat, June 21 all day at SJTJ ~ The meeting set for .June 9 with the Police and Bar Owners needs to be re-set. Bob and Stephanie will be gone to the . Annual Conference. Dick located the problem with the lighting of the decorative lights and fixed it. ,Joe Bettendorf and I met with College and Convent representatives concerning the transportation plan. T will discuss this further at the meeting. - - I" 1994 - 1995 LIQUOR LICENSE APPLICATIONS O:f:f-Sale Wine On-Sale Club Intox License Intox License American Legion X X Bo Diddley's X El Paso Club X X St. Joe Liquor Shoppe X La Playette - X X Loso's Mainstreet Pub X X Sal's Bar & Grill X X M&T Liquor X . - - COUNTY OF STEARNS cDfftc£ of tfu. ¿ha'l-nj. County cflj.j.£:H,O'l- Administration Center Rm 37 . 705 Courthouse Square · St. Cloud, MN 56303 612-656-3680 · Fax 612-656-3977 May 6, 1994 Rachel Stapleton st. Joseph City Clerk/Admin PO Box 668 st. Joseph, MN 56374 RE: Local Board of Equalization and Review Dear Rachel: The enclosed changes were taken by the City Board as a result of the recent local board of equalization and review meeting held for the property owners of your city on April 13,1994. The attached . list is a compilation of finalized values and classifications for properties that were reviewed and acted upon at the meeting. These locally certified values and classifications are for the 1994 assessment, for taxes payable in 1995. At this time, personnel from the Stearns County Assessor's Office have informed all property owners regarding the decision made on their particular grievance. It is advised that any further discussion on these property assessment matters can be addressed by the aggrieved owner at the County Board of Equalization set for June 17, 1994 at 9:00 a.m. If you have any questions, you may feel free to contact me. Sincerely, ..., ". ., . ;i\ :--.... r.--; '~.- -f'" :'\ \ ' I , ''''~' . ..~" , \ \- '-.' '. r . '~' \1 - . " J ' ., ....../',., J.... "'.(~<'" x. ' ~ ". --\.. _J ~.. \. -..., -...- -.,...;F.. -/" '_,-"or Robert J. Lindvall, CMA Appraiser Stearns County enclosure (Changes on back side) . #()55-7857 "Affirmative Action / Equal Opportunity Employer" ,d . st. Joseph city 1994 Local Board of Review Name Parcel Number Action Salina Hinnenkamp 84.53400.006 Reduce value from $31,100 to 24,700. Randy Scherr 84.53475.019 Reduce value from $75,200 to $66,700. Anthony Pelzer 84.53610.000 No change. . . ~,'J ~~~ '- _______nn_____ n'1ø~j~~£-ç/-m- ; I --------- -_.-_._------_..~----~-~~---- ._-~----~~------~-~--- ! ~f). ~ I 7á--1Ú __ _ Wu~ ~t,.I)-- _n_ _ .... _____nn __ __ n t , l / , --- ; ,-------;7J------~--------- - nnn.____________ -- ~---------- . % /~ ' ,¿ ;7"'" 0 8 - _n -~C~7C:~ c._ . .tz¿~ èA2¿1.¿::¿7 pM4 /;'f//)-- - __._ ___ ___ _________~_.~_________ _________._____. .____ - _"_U__ _.__ ._ ________._ _____ __ ._"_____. ____ __ .__ ________...__._ _____._ - -- - --- - -- -- . - .---..--------,.- -----.-- - " ~ ' . .~fl ~ ~ ", ----------------.- ~~..Æ'Æ?...ú.~..Ad,ø';¿.-.;!4/&e~,,~-~¿...¿, ~ __.____, _____.________________~____.______ ________ ________. __.____ __u___._____________ _______ __ ___ ~---- - ---- -. --'"- ---" ---- _ ..-------_. - ---~_. - . ··--·fq·~ ßi~~+£<~ØA¿¿_~ßv - ------- .~ 53 . ,4/ , ~ ' __... .,' ',,¿,¿'M. /,,~_-6. 4-¿,.¿,¿~,,,/ ~ "'0 ¿Jæ,a/ ____._.____" _n ._n__ ~____ n_ _ ...~~t'.~Jk;?¿7'·~/--ù.u:Z~~r:7 . . _u_ ____-_ - _---0_--.- __. ___ _ _ __ _ - -.,--a/-i/';? /:-a~~·..4&k-.d~ é:L ~ f~¿7""", _.-_ _____....~_o_, ___._ - - -- ---- ~ - .._..~~. . _ ..~... ._~~?'.-,z!¿ ~ ../~..~<,~~v:l~,.¿L¿J -~-~---~----------~--~-_.~--_.~---~-------------.- - -- --- -. -----.-------- -------- ___0- ____ ________ ____._ __.____________.~___ .-------.------- ~ ~. ~ _____n___n~~j . ._~_~~~A,J ~~~,A.J~ ~ .. ~I . - .._~~---- ___ ________ - __n ._ -0.-..-- ______ .._~Þ=þ ________n - U ~ -.12 ~n__ _ - ---- ~ -- -- ____n_nu_,. '_n ._,------------- ~ ~-4y~¡:¿:~ ----_______________---o_;--!---_~____._._~________.__ .____ ___ _ ____ __ _ __ __~__ __ ___________ __ __ -__ ------------- ---_._~- ..____,__ _____ _____ ____ - ___._m _ _._____ _ __ _"_0_ _ _________________. ___ u____.__________ ______ ____ ____ ____._,_____________._____ _ .- ~. ----~------ ----~---~--~ -------------------- -- -- -- --- - - ----~--- - -. - ------ _______ - - - _____._ ___.______. __ ________u______. .-- - -- -- - -..- -- ------- ..-_---- --~------ - ---.------ ------ --- -- ______._ u - _.- - . .. - _~ of ST. JOSEPH 21 FIRST AVENUE NW PO BOX 668 INCORPORATED IN 1B90 ST. JOSEPH, MINNESCYrA 56374 MEMBER LEAGUE OF MUNICIPALITIES CITY OF ST. JOSEPH OUTDOOR ENTERTAINMENT PERMIT APPLICATION FORM DATE OF EVENT: 6 - I;:;¿ - q /-1 , APPLICANT/ORGANIZATION: la Playette - CONTACT PERSON: Mark Zimmer PHONE NUMBER: 363-7747 ADDRESS: 20 College Avenue North TYPE OF ENTERTAINMENT: Outdoor Mus ic . BEGINNING/ENDING TIME FOR ENTERTAINMENT: 3:00 p.m. to 9:00 p.m. APPROXIMATE NUMBER OF PARTICIPANTS: 300 WILL ALCOHOL BE CONSUMED: ~ YES - NO BRIEF DESCRIPTION OF EVENT: Outdoor Music event with 5/, JOSc'¡t'~ !<?.x;e,/V' ¿. food being served outside. Premise will be secured by 0H À\Jt} ~W:'ìlJ' Œ{(ct'r.$ GUkers. Property owner will contact adjacent owners i'.JnÒ r.omlPnt May 16, 1994 ~/ 411. ,d- ~ DATE ~NATURE For Office Use Only Requirements/Remarks: . Fee: Date of Approval City Clerk/Admin. · ~sæ 113 S. FIFTH AVENUE. P. 0. BOX 1717. ST CLOUD. MN56302-1717 612252-4740 800572-0617 ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORT A nON April 4, 1994 RE: St. Joseph, Minnesota Northland Plat 3 SEH No. A-STJOE 9409.00 St. Joseph Planning Commission City of St. Joseph 21 First Avenue NW PO Box 668 St. Joseph, MN 56374-0668 Dear Members of the Commission: I 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 easterly extension of Gumtree Street. The recent sketch plan showed this as a park entrance. If lots are to be developed in · Block 1 as shown, then the cul-de-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 area. 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 drainage 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 plan has a gravity sanitary sewer coming from the new lift station installed south 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. SHORT ELLIOTT HENDRICKSON INC. ST PAUL. MN MINNEAPOLIS, MN CHIPPEWA FALLS. WI MADISON, WI St. Joseph Planning Commission . Page 2 April 4, 1994 6. A 30-foot drainage and utility easement should be provided along the southerly line of Lots 4 and 5, Block 10. This will provide room for extending future utilities along the north railroad right-of-way. This concludes my remarks. If you any additional further questions arise, please give me a call. Sincerely, Short Elliott Hendrickson Inc. r _ ~~ ) ~~eph R. Bettendorf, P. E. ' roj eet Manager djg (D: \FILElSTI0E\9409\CORR\AP-4A, 94) . . ". .' W I RAJKOWSKI HANSMEIER L TO. Attorneys at Law Reply to: st. Cloud April 15, 1994 ST. CLOUD 11 Seventh Avenue North P.O. Box 1433 SI. Cloud, MN 56302-1433 Ms. Rachel Stapleton 612-251'1055 . st. Joseph C1ty Clerk 800-445-9617 city Hall FAX 612-251·5896 P . 0 . Box 668 st. Joseph, MN 56374 MINNEAPOLIS - 2904 Plaza VII RE: Northland Addition, Plat III Our File No. 14,550 45 South Seventh Street Minneapolis. MN 55402-1620 Dear Rachel: 612'339·9206 800'445'9617 It is my understanding that a proposed plat has been FAX 612·339-4775 prepared and presented for Northland Addition III. A question arose in consideration of this plat as to the . location of the proposed park property. FRANK J. RA/KOWSKI GORDONH.HANSMEIER I have had a chance to review the file and FREDERICKL. GRUNKE circumstances leading up to the approval of Phase II of THOMASG.JOVANOVICH the development. As I recall, there was considerable JOHN H. SCHERER discussion at that time regarding park dedication. PAULA.RA/KOWSKI Although a park was contemplated for the development, the City did not want a small dedication of park KEVIN F. GRAY t . W proper y w1th regard to each phase of the development. ILL/AM J, CASHMAN A large centrally located park was contemplated. To accomplish this, cash was contributed for the first two lli~DT.S~Y phases of the park. with regard to the third or fourth CAROLA. STARK phase, the land was to be donated with additional land RICHARDWSOBALVARRO I purchased using the cash contributions previously M CR I received from Phase I and Phase II. The area ICHAEL . AjKOWSKI. .. I des1gnated for the park 1S as descr1bed on the sheet II accompanying this letter and designated in the drawing which I have enclosed. I As you will recall, this matter was considered and approved as a PUD. Therefore, it is consistent and proper that each individual phase be approved in light JAMESH.KELLy,M,D.J,A.C.P. of the larger plan which incorporated the central park MEDICALCOXSULTANT area. GORDON H. HANSMEIER IS ADMITTED TO PRACTICE .NNORTH DAKOfA AXOWISCONSIN. with regard to the Plat for the third Phase I believe ~UL A. RAJKOWSKI IN WISCONSIN, . , OLA.STARKINILUXOISANOMISSOURI that the City may proceed with requiring the inclusion ANOWILLlAM.CASH"ANINSOUTHDAKOTA. of the park in the plat. The property is clearly , Ms. Rachel Stapleton . April 15, 1994 Page -2- identified and was to be set aside when the second phase was approved. Alternatively, the city may reconsider the plan and relocate the park if it is believed that the relocation will be more beneficial to the overall city park system or if the developer is willing to make additional financial concessions to the city for the right to relocate the park. After receipt of this letter, would you please call me and advise me of the wishes of the City with regard to this park. If the city still wishes the park to be located where indicated, then that should be required as part of the platted third phase. Rachel, please give me a call upon receipt of this letter to discuss this matter further. Very truly yours, RAJKOWSKI MEIER LTD. . H. Scherer JHSjbaz Enclosure L:\gen2\14550\af041594,Oll . W 1IIfII""'.~~HFO.Y. "'LL DOUATE TO THB CITY THE ROTHFORK LAND IS 70 ACRES APPROXIMATELY EQUIVALENT OF THE FOUR LOTS, 6, 7, 8, AND 9 IN BLOCK 8 WHICH IS 2.66 ACRES FREE. 8~ of 70 ACRES IS 5.6 ACRES. .. DEDICATED PARK AREA 5UGGESTEPIS 5.60 ACRES LUMBER ONE WILL PAY A PARK FEE OF FR8E LAND FROM ROTH FORK IS 2..66 ACRES a\ OF THE LAND IN PHASE TWO WHICH IS FUTURE LAND HELD BY ROTH FORK FOR 11.25 ACRES @$3,OOO AN ACRE X 8\ IS PURCHASE IN 1"U'PURE AT PHl\SE I II $2700.00 LAND PRICE IS.................. - . 2.94 ACRES SUMMARY. . . . THE CITY WILL HAVE THE LAND SET ASIDE FOR ENOUGH' PARK TO MATCH THE 8% R£QUIRED NI/of CORN£R AND THIS \HM. BE QUARANTEED IN \oJRITING BY ROTHFORK. SEC, 10-124 -29 THE CITY ¡-¡ILL BUY OR I NST'RUC'r THE DEVE~,OPER TO GIVE THIS --~ FOR PARK. ROTHFORK WILL CHARGE S~1E AS CHARGED TO ~. THE DEVELOPER FOR LAND HE BUYS IN FUTURE PHASES. J 7 fJ $ 10 1/ ... ~ It 7 -----.. 8 - "~- 2~ I - ----. 22 J 9 ?' ~ . ~ 21 -.-- - -,-.........-.-- -- 22 J 20 - 10 . ... . /9 -- 20 ~ --- 1/ ~.~ lð --.--........- 19 6 _..__......_a_.'...._..._ ___ 17 IlJ I Ie 10 16 7 I ..'--'- 17 I~ ~ 0 IJ 1/ /6 -~--..... Ii .---- 7 -.-.........----- J -- I~ 10 $ ~ , IJ ...... 7 '''' .. '3 () Þ 1-1 ð 9 I~ _._-.....__J""'___._-_. "- 10 6 IJ , 7 8 1/ - lð il r 6 I I I I ~ ... , . ~_ ,,_H ../ __ ._ _._... _U ... _._ /./ That part of the Northeast Quarter of the Northwest Quarter and the If/ NMth',¡est Quarter of the Northeast Quarter, Section 10, Townshi? 124, Rang" ~... 29, city of st. Joseph, stearns County, Minnesota, described as f0110\.;s: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence Nor:th 89 degrees 48 minutes 18 seconds Wes t, assumed bearing, on the nort11 line of said Northeast Quarter of the Northwest Quart.er 78.50 feet; thence South 00 degrees 18 minutes 53 seconds Hest 191.00 E e~r:=t to the point of beginning or the land to be described; then.ce continue South 00 degrees 18 minutes 53 seconds West 901. 73 - O~ ¡ . thence South 89 degrees 48 minutes 18 seconds East 372.72 1.. _............, feet; North 00 de9r~es 18 minutes 53 seconds East 34.09 ¡:: <=< c.t- . thence .L___......t Not"th 07 degrees 41 minutes 07 seconds West 250.00 feet; L.' Not"th ,-hence 17 degt"ees 41 minutes 07 seconds West 591.83 feet; thence North 69 degrees 41 . ~ 07 seconds West 165.00 feet to the point or mlnu,-es beginning. Containing 5.60 acres, more or 1 esS. subject to easements of record. . , . Page '- April 4, 1994 .'" * Who is being targeted to live in the units? * What is the layout for the building including size of units, dimensions of parking spaces, outdoor recreational facilities? Addi tionally, is the property large enough to accommodate the proposed construction? * The Southeast end of St. Joseph is already saturated with affordable housing, is it appropriate to create addi tional density of this type of housing? Also, what does this kind of development do to the characteristic of the neighborhood? * Those present expressed discomfort with their perception of the residents that typically occupy this type of unit. This includes a disregard for private property and an influx of undesirable behavior. * The proposed ingress/egress to the development is on a private entrance, and questions arose as to the appropriateness of this. * With additional families in the area, they will need some place for the children to play, is a park being planned or is it part of the development? . * Is landscaping or fencing part of the proposal? Due to the concerns of the neighborhood, and Mr. Berger being unprepared to respond to the concerns, Chair Klein tabled the hearing at 8: 15 p.m. until May 2, 1994. However, if HRA is willing to pay the expenses for a special meeting of the Planning Commission, the hearing will be tabled at that time. All residents within 350' of the proposed development will receive a notice of the continuation of the hearing. Northland Phase l.l1...;.. Ted Schmid appeared before the Planning Commission requesting preliminary plat approval of Northland Plat III (see attachment A). The plans include development in three phases. The development includes a seven ( 7 ) acre park. Corrunissioner Lesnick questioned if the proposed parkland is located in wetlands, and if so, would be appropriate for parkland. Mr. Schmid responded that he has received results of soil testing and it clarifies that the property in question is not wetland. This information will be forwarded to the City Engineer for his review and determination. Lesnick discussed her dissatisfaction with the relocation of the park. Mr. Rothfork had originally donated property in the middle of the proposed development, which the City had accepted. She felt that if the park is being re-located, the Park Board should have the opportunity to review the proposal. . Nierengarten made a motion recommending Council approval of Northland Plat I I I as presented. The motion was seconded by Brixius. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Sniezek, Brixius, Schneider, Hiemenz. Nayes: None. Motion Carried 8:0:0 Page 2 Hay 1994 Check Register Page 1 n 3:22 AM City of St. Joseph . Hay 19, 1994 heck Transaction Batch BIber Nallle COllllllents Allount Fund Depart Obj Name tch Name 05-12-94 9618 Lindgren, Bradley micro cassettes 11. 94 101 42120 200 05-12-94 9621 Feed-Rite Controls hydrofluosilicic acid 124.88 601 49420 210 05-12-94 9624 US West Communications telephone 17.30 601 49410 321 05-12-94 9624 US West Communications telephone 17.30 602 49470 321 05-12-94 9624 US West Communications telephone 17 .30 601 49420 321 05-12-94 9624 US West Communications telephone 85.69 105 42250 321 05-12-94 9624 US West Communications telephone 156.45 101 42151 321 05-12-94 9624 US West Communications telephone 45.33 101 42151 321 05-12-94 9624 US West Communications telephone 55.97 602 49490 321 05-12-94 9624 US West Communications telephone 55.97 101 45201 321 05-12-94 9624 US West Communications telephone 159.71 101 41430 321 05-12-94 9623 Twin City Testing water analysis, tower 284.00 409 49435 530 05-12-94 9616 AT & T telephone charges 20.00 101 42151 321 05-12-94 9617 Black Diamond auction fees 286.48 101 05-12-94 9623 Twin City Testing wood sampling, fence 496.50 101 42860 430 05-12-94 9619 Cold Spring Veterinary Clinc kennel fees 48.00 101 42700 300 05-12-94 9615 AT & T LS telephone 18.96 101 42151 321 05-12-94 9620 Erkens All Seasons Service cleaning service 138.43 101 41941 300 05-12-94 9620 Erkens All Seasons Service cleaning service 138.43 101 41942 300 05-12-94 ~Stearns Cooperative Elec. Assn installation of str. 19ts 4,890.20 101 43160 530 05-12-94 -------- Totals Batch Name 05-12-94 7,068.84 -------- :nd Total 7,068.84 - ~ - y' Overtime and Callouts April 29 - May 12, 1994 .. . Jim Marthaler Rachel Stapleton 04-30-94 2.00 hrs Weekend Work 05-11-94 1.50 hrs Fire Board 05-01-94 2.00 hrs Weekend Work 05-12-94 1 .00 hrs Council Mtg 05-05-94 5.00 hrs Street Swp. --------- 05-07-94 4.00 hrs Auction 2.50 hrs (Comp) ---------- 13.00 hrs (Pay-$284.57) Comp Balance 13.50 hrs Vacation Balance 128.00 hrs Comp Balance 27.00 hrs Vacation Balance 192.00 hrs Dick Taufen Ray Bechtold 05-07-94 3.00 hrs Auction --------- 05-07-94 2.00 hrs Weekend work 3.00 hrs (comp) 05-07-94 1 .00 hrs Auction 05-08-94 2.00 hrs Weekend-Work Comp Balance 73.00 hrs ---------- Vacation Balance 288.00 hrs 5.00 hrs (Pay-$105.60) Brad Lindgren Comp Balance 3.00 hrs Vacation Balance 226.00 hrs Comp Balance 51 .00 hrs Holiday Balance 0.00 hrs Mike Sworski Vacation Balance 120.00 hrs 05-07-94 3.00 hrs Auction Jeff Young . ----- 3.00 hrs (Pay-$43.80) Comp Balance 63.50 hrs Holiday Balance 5.00 hrs Comp Balance 16.00 hrs Vacation Balance 160.00 hrs Vacation Balance 40.00 hrs Brad Meyer Judy Weyrens Comp Balance 7.25 hrs 05-07-94 4.00 hrs Auction Holiday Balance 0.00 hrs --------- Vacation Balance 120.00 hrs 4.00 hrs (comp) Brian Klinefelter Comp Balance 43.25 hrs Vacation Balance 152.00 hrs Comp Balance 34.00 hrs Holiday Balance 0.00 hrs Mary Generous Vacation Balance 0.00 hrs 05-07-94 4.00 hrs Auction Jean Gustin --------- 6.00 hrs (comp) Comp Balance 21 .00 hrs Vacation Balance 100.00 hrs Comp Balance 10.75 hrs Holiday Balance 0.00 hrs Vacation Balance 40.00 hrs ~ - ·EAG·lJË····ÕF·--tìrfr cTrrËs--..·..···n:cn;·f2::·lf9Ö-=Ö072··----,·..--·---······Frä'~"-TC"92r"'- 15 :-40 No. 012 P. 01 3490 WingtonAvenue North St. Paul, MN 55126.8044 gue of Minnesota Cities (612) 490·5600 LMC LEGISLATIVE REVIEW SESSIONS SCHEDULED Every City Should Send Someone Four Legislative Review Sessions are scheduled for the week of May 23 in Bemidji, St. Cloud, Mankat.o, and Bumsvi11c. Briefing on which legislation passed, which didn't, and some whys will begin at 9:00 a.m., resume after lunch, a~d conclude at 3:00 p.m. New enactments will affect many city decisions this year. City budgets, the ability of cities to strengthen their l{,)cal economies, and the ability of cities to improve service delivery are all affected by these new laws. M(lfJ.tillz !4Jt¿ll:tiQn$: fay 23 Bemidji May 25 Mankato Holiday Inn Best Western Garden Inn Highway 2 West Highway 169 & Webster May 24 St. Cloud May 26 BurnsviIle Kelly Inn (fomlerly HoJiday Inn Sunwood Inn) I35E & I35W Highway 23 & 4th Ave. So. Exit County Road 42 off 135E The program will begin at 9:00 a.m. and conclude at 3:00 p.m. =~~~~~=~======~=~=~====================~==~~~~~ League of Minnesota Cities Legislative Review Session I wish to register for the foHowing session: Bemidji 51. Cloud Mankato Bumsville Name Title Address City Phone ( ) ~ _~istratiolt fee illcludes materùlls atld lultcll -- Advance: $25.00 OIZ...site: $30.00 Mail registrations to LMC Review Registration, 3490 Lexington Ave. No., 51. Paul, MN 55126. Advance registrations by phone are acceptable and the League will bill your city. Call Mary Diedrich at (612) 490-5600. JL Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke J _ First Avenue NW Bob Loso Stephanie Hazen .0. Box 668 St. Joseph. Minnesota 56374 City Clerk/Adm (612) 363-7201 CITY OF ST. JOSEPH Rachel Stapleton FAX # 363-0342 CITY COUNCIL MEETING May 19, 1994 7:00 P.M. REVISED AGENDA 1 . Ca 11 to Order 2. Approve Agenda 3. Approve Minutes - May 5 and May 12 4. Bills Payable 5. Treasurer . s Report 6. ¡.Jayor Reports 7 . Counc i 1 Reports 8. 7:30 p.m. Departrnent Head Reports - Brad Lindgren . 9. Clerk/Administrator Reports a) Liquor License Applications b) Security Light for Parking Lot c) Board of Reveiw Changes d) Defer Assessments e) Proposal to Annex Pat'ce 1 f) Sidewalk in Front of City Hall . , g) Outdoor Liquor Permit h) Other Matters of Concern 10. OLD BUSINESS: * a) Linnemann Inn Parking * h Dumping Ordinance Amend. b) Ceiling Mounted Screen i ROW Property Request * c) Hookup Fees Linnemann Inn ... ; Nudity Ordinance .,. '" d) Street Numbering * k Northland I I I e) Leaf Burning Ordinance 1 ADA Prioritization plan fì Planning Commission Ord. m Comprehensive Plan . " * 0) A.ccess Channe 1 Equipment * n Employee Training ...;, 11. 8:00 p.m. OPEN TO THE PUBLIC 12. Recess 13. 8:30 p.m. Northland Plat I I I - Terry Schmid .14. 8:45 p.m. Cedar East Plat - Art Novak 14. Adjour'n ·- AMENDMENT TO ORDINANCE 35 FOR THE ST. JOSEPH CODE OF ORDINANCES The City Council for the City of St. Joseph hereby ordains the following: 1. That Section 35.3 is hereby rescinded and the following enacted in its place: Section 35.3: CARE OF PARK FACILITIES. No person shall disfigure, injure, tamper with, willfully mark or remove any of the man-made or natural resources and environment of the parks. This shall include, but not be limited to, equipment, shelters, picnic facilities, utility lines, trees, plants, wildlife of any and all sorts. No poisonous substances shall be utilized in any of the park premises, which would have the effect of destroying or damaging a person, wildlife, or result directly or indirectly in the pollution of any water source, except that City employees may use herbicides for the control of weeds. The damming of any waterways is prohibited. a.m~ qµipgÜ~·:::·9f:::~9Ylá~rnYªmM!Ë~~iI!Jimp§fß~gt9l:::Míi§~Ë;::::::~§¡:::::gÿppipg§~ irliffi¡IHtM~tg\:agåaM)riffifåß::::::3få%hiH.l1ilitiBHtaêBHM6H::p[fÏi::piðpêfly .:-:.:-:.:-:.;.:.;.:.:.:-:.:.:-:.;.:-:.:.:.:.:.:.;.;.;.;.:-:.:.:~:.;.:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:-:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.;.:.:.:-;-:-:.;.:-:-:.:-:.:.:.:.;.:.;.:.:-:-:.:.;.:.;.:.:.;.;.:.:.:-:.:-:.;.:.;.:.:.:-:.;.:-:-:-:. ".;.:.:.:.:.:.:.:-:-:.: ".;.;.;.:.:.:." .:-:.:.;.;.:.:.:." :. }~:::PfP!l§îHi9¡·······································............................................................................- .......-............ 2. That Section 35.5 is hereby rescinded and replaced with the following: . Section 35.5: REFUSE. All refuse or other trash or waste generated by the use of the park or othoI"V.iso shall be placed in the proper receptacles provided. u_ *fg~lt.:B~r:¡::Yfg§tË::::g#gËt?!Ë9:::Ë!~ñËrË mªýlQgtHMrJ~tqµgijt::fiQn'Üpm;H:::pfªp~W¡fit[çf:::gJ§P9§,ª:g ···Evèiÿ attempt must·be-·macteUiÒ···ffiaTiiÚiìn··ihë··park·grouncts·ìn··äu neat and clean state. This Ordinance amendment was passed by the City Council for the City ofSt. Joseph this _ day of ,1994. Mayor Clerk/Administrator N: \ city\s¡joe\aID51694.252 - - AMENDMENT TO ORDINANCE 107 FOR THE . ST. JOSEPH CODE OF ORDINANCES The City Council for the City of St. Joseph hereby ordains that Ordinance 107 is amended by the rescission of Section 107.1 and the enactment of the following provision in its place: Section 107.1: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED. No person shall hereafter deposit or cause to be deposited any garbage, kitchen or table refuse, or any decayed animal or vegetable substance or any noxious or offensive substance or any substance injurious to life or health, upon any street, avenue, vacant lot or vacant part of any lot or upon any yard, back yard or other ground or place appurtenant to any dwelling house, boarding house, lodging house,.hotel, restaurant, store, saloon, factory, laundry, work shop or other inhabited building, in the City of St. Joseph except in proper containers and in the manner as herein provided. ¡~~~~I~î~l~f~~íiê~~~~~I~îi!~I~~!~!mlti~~~læl~f Ç§nB1fµst@mg~þg§::Ã.n·!Þ~Pl"9~ffY9f%ngmËÊ~11Þ9µ91hËËXþ'íis~{ š8ñ~ñØ9f::·ÊªË:.RÊ8l¥:fDr:8Yi$í-i This Ordinance amendment was passed by the City Council for the City of St. Joseph . this _ day of ,1994. Mayor Clerk/ Administrator ;-.I: \CUY\SIJO< \.105169-1.251 .- - ... . .-- V RAJKOWsKI HANS MEIER LTD. Attorlleys at Law Reply to: st. Cloud ST. CLOUD May 16, 1994 11 Seventh Avenue .:-.Jorth P.O. Box ]433 SL Cloud. :V!N 56302-1433 Ms. Rachel Stapleton 612-.251-1055 st. Joseph City Clerk 800'4-15'9617 City Hall P.O. Box 668 FAX 612-251-5896 st. Joseph, MN 56374 MINNEAPOLIS RE: Nudity ordinance, Fence Construction complaint, 290-1 Plaza VII Linneman Inn Parking Lot, Linneman Inn Hookup Fees Our File Nos. 16,395 and 16,397 -1-5 South Seventh Street ~Iinneapolis, ~lN 55.,102-1620 I Dear Rachel: 612-339-9206 300-+15-9617 I Nudity Ordinance. Enclosed herewith, please find a F.~'( 612-251-5896 copy of proposed ordinance amendments which would I restrict adult entertainment establishments to areas . I within the City which are zoned as industrial. Would you please refer this matter to the Planning Commission for public hearing pursuant to the procedure set forth FK4.\:K J. R,ò/KOWSKI . for the amendment for the Zoning Ordinance. I have GORDO.\: H HANSMEIER also enclosed a copy of a study prepared through the FREDERICK L. GRU.\:KE Minnesota Attorney General's Office. At a public hearing, I would recommend that this document be THO.\!AS G. JOVAVO\'/CH identified and offered as evidence in support of the JOH.\: H SCHERER zoning decision. I would also recommend that the PAUL A. RA/KOWSKI Planning Commission make findings consistent with the KE\'/.\: F. GRAY language contained in the intent and purpose section of WILL/A.\! J. CASHMAN the proposed Ordinance. Please let me know if you or OA \'10 T. SHAY any members of the Planning Commission have any RICHARD W. SOBALVARRO questions regarding this procedure. MICHAEL c. RA/KOWSKI Upon passage by the Planning Commission, the amendment should be forwarded to the City Council for consideration and passage. As you can see, I have reduced the distance restriction JAMES H KELLY, M.D., F.A.C.P. to 1,000 feet as opposed to 1,500 feet. It is my MEDJC-\L CONSULTA;-":T concern that a 1,500 foot requirement may affectively ;oROO:-": H. HA:'\S~1EIER IS ADMITIED TO PRACTICE eliminate any areas within the City wherein this IN NORTH DAKOTA AND WlSCO~SIN, activity could occur. If that was the case, the PACL A. RAJKOWSKI IN W15CO:-':SIN :\~D \VILllA.\f J. C~H.\fAN IN SoUTH DAKOTA. ordinance could be ruled unconstitutional and that may - open up the entire town again to these type of * ME\1BER OF AMERICAN - BOARD OF TRIAL ADVOCATES. activities. , ~ Ms. Rachel Stapleton . May 16, 1994 Page -2- Fence Construction Complaint. with regard to the fence construction complaint, it is my understanding that you will be sending a letter to Ross Rieke advising him of the action taken by the Council at the last meeting. If the fence is not removed by the beginning of June, I will proceed with the appropriate legal action. Judy will contact Twin city Testing to make sure all evidence is preserved. Linneman Inn Parking Lot. I have discussed the Linneman Inn parking lot issue with the owners. I have also sent a follow up letter, a copy of which accompanies this letter. It is my understanding that they would be in contact with representatives from the Planning Commission to address the concerns expressed by the Planning Commission. Once these issues are addressed, the plan will be resubmitted to the Planning Commission for approval. Upon approval by the Planning Commission, the parking lot plan does not have to come back to the city Council for consideration or approval. Linneman Inn Hookup Fees. I have also enclosed a copy of a letter which I have drafted regarding the hookup fees. It is also my understanding that the property had previously been . credited for two sewer hookup fees. I would advise you and the Council of the response to my letter. I hope to have something specific to present to the Council for approval no later than the first meeting in June. Very truly yours, RAJKOWSKI HANSMEIER LTD. JHSjbaz Enclosures L:\gen\16395\af051294,012 ~ ...... V . AMENDMENT TO ORDINANCE 52 FOR THE . ST. JOSEPH CODE OF ORDINANCES The City Council for the City of St. Joseph hereby ordains that Ordinance 52 of the Code of Ordinances is amended in the following manner: 1. That the following provision be added to Section 52.4 thereof: "Section 52.4, Subd. 66: Adult Entertainment Establishment. A commercial operation or establishment which provides adult sexual entertainment, specifically including but not necessarily limited to an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a sexual encounter establishment as those terms are specifically defined in Section 52.13, Subd. 19 of this Ordinance." 2. That Section -52.13 of the Code of Ordinances is amended by the enactment of the following Subdivision 19: Section 52.13, Subd. 19: Regulation of Adult Entertainment Establishments. a) Purpose and Intent. The purpose and intent of the adult entertainment . regulations set forth in this ordinance is to serve a substantial government interest by attempting to preserve the quality and vitality of neighborhoods, curtail the depression of property values, restrain increased criminal activity and slow the spread of sexually transmitted diseases. Adult Entertainment Establishments, as defined by this Ordinance, because of their very nature, are recognized as having serious objectionable operational characteristics that have a deleterious effect upon the use and enjoyment of adjacent areas. These secondary effects are especially evident where such uses are concentrated. One of the objectives of this Ordinance is to disperse the adult uses through separation requirements from another adult use and from other significantly incompatible uses. The ordinance allows adult entertainment establishments only in Industry Districts. In this community, those areas provide opportunity for sites with good visibility and access to major streets and highways. The secondary effects associated with adult entertainment establishments, include an increased level of criminal activity, increased risk of exposure to sexually transmitted diseases, depression of property values and a significant change in the character of surrounding neighborhoods. However, it is 'recognized that such regulations cannot de facto approach - prohibition. Otherwise, a protected form of expression would vanish. The ~ adult entertainment regulations set forth herein represent a balancing of competing interests, reduction of objectionable secondary effects through the regulation of adult entertainment establishments versus the protected rights of the owners, operators, performers and patrons of those establishments. . b) Definitions. For purposes of this section, the following definitions shall apply: i) "Adult Arcade": An establishment where, for any form of consideration. one or more motion picture projectors, video players, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or prohibited nudity. ii) "Adult Bookstore": An establishment that has more than twenty percent (20%) of its stock-in-trade and offers for sale, anyone or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or prohibited nudity; or 2) instruments. devices, or paraphernalia that are designed for use in connection with specified sexual activities. iii) "Adult Cabaret": A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are . characterized by the exposure of prohibited nudity or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or prohibited nudity. iv) "Adult Motion Picture Theater": An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or prohibited nudity. v) "Adult Theater": A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of prohibited nudity or by specified sexual activities. vi) "Sexual Encounter Establishment": An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the _ exposure of prohibited nudity. This definition does not include an establishment where a medical practitioner, psychologist, ~ 2 . ' < psychiatrist, or similar professional person licensed by the state engages in medical care or sexual therapy; or any accredited . educational institution where prohibited nudity occurs in the context of modeling for an art class. vii) "Prohibited Nudity": Prohibited Nudity means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic regions, pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. viii) "Specified Sexual Activities": Includes any of the following: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral copulation, flagellation, bestiality, sodomy or any sexual act which IS prohibited by law. 3) mas!urbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection. c) Adult Entertainment Establishment Zone. Adult entertainment establishments shall be permitted only in areas zoned as Industry Districts. Adult Entertainment Establishments shall not be permitted in any other zoning district. Adult entertainment establishments shall have a minimum separation of 500 lineal feet from any other adult entertainment . establishment, and at least 1,000 lineal feet from any hotel, motel, nursing care home, home for the elderly, day care facility, church, school, or residentially zoned property. 3. Section 52.21, Subd. 2 of the Code of Ordinances shall be amended by the addition of the following language: "Adult entertainment establishments shall also be a permitted use which shall not require a special use permit." This Ordinance was passed by the City Council for the City of St. Joseph this _ day of ,1994. Mayor Clerk/Administrator - :-<: \ cuy\stjoe \aíOS1394.2S1 - 3 .- . ~ .'V I RAJKOW5KI HANSMEIUR LTD. , ...\1/1'''r'i/'' III I Ilil' Reply to: St. Cloud 51. (I.OtJ\) May 13, 1994 II St·",,,·,,I;' AV\'I1Ul' NllHh Pt} '¡II\ 1·1'1 ~I. Ch.nd ~IN C.h'\J12,11" Mr. Bradley J. Lindgren "12'2~1'ln" Chief of Police itOtl·~.J~·()õl:' st. Joseph Police Department I'.>\X "12'2~1'5,~'I(, I st. Joseph, MN 56374 I ¡ Mr. SteveJ1 Dehler MINNI:,\,OI.lH P.O. Box 129 ~'¡¡4 1'1011,1 ~" St. Joseph, MN 56374 ·1:; S,1II1:, ~1\'L'l1lh ~1n.1.·J Re: Linneman Inn ~lil1lh.·.'puh... MN ~5·ln~.1 ñ2~ Our File No. 16,395 I, (.2. :)''IlJ. ~J:!I111 ~1('.J.J'\"JhI7 Dear Brad and steve: h\X {·~~'2c;l.<;O\:J(\ . Your parking lot plan was considered by the planning commission. It is my understanding that three concerns I remain: fR I',J.! I< ,1/..o",.., . 1. The parking stall designation was not present. In ¡;",,;', ',' 11,1/1\'..\1111 c other words, there was nothing to indicate the r~ 1111", . J.. (:kll,"" manner in which cars should park within the lot. Tu:,}.,.,,, c: ¡IH 1,'\(:" 'I. ,i Striping is not necessary, but some signage, curbing or other marking should be installed to Jc III~\ J. $l III ~/l~ give direction with regard to parking. JIAW A. 1¿.\lkl)W"Jd 1\1 ,O'\' r {;n p 2. Fire lane designation ~s not present. We would \I'/! II 1\: I \' \',/1.\' I,'; recommend signage indicating the location of the 111\ /I' r. SII·I' ! fire lane and the prohibition regarding parking. U¡C:II,lIdl \1\' 5i1 jl,\! 'AÎU"" 3 . There is some concern that the material used was . Mn /,1/ I C. I<"I/I;IIIV', not "dust free". There should be further confirmation as to the type of material used and its olassification as "dust free". 11.\'1' If. ~'"\.M,/1.1 ..I (" I', It is my understanding that you are in the process of Mill¡ \llp;>tt.I'IIM':1 addressing these issues with the Planning commission. After a decision is made as to the manner in which you 1~'N.I [ I I,,!\,-.\u:¡ut, AI If!.tI I 1111 h'l'1lA.l 11,1 will address these concerns, the amended plan should be IN NmUlII)"'''tll.\ ^NI1 WI'-(\~\..I"'. resubmitted to the Planning Commission for approval. ~l'I" "^I"~I\'J""'IINWI~(~~I'" M.I ~ lh""\f^N IN~Il11I I1^M11^ I would request that approval be secured no later than - 'M! ~III~ I: t ~I ^t..lllt!~ ^'" the Planning commission meeting scheduled for June 6, IkMJlhl11 "hl^! AI1VP( ....".. 1994. I " . ..,¡, L...J.J..¡ 1 J I II...... " . _ .L V 1 I Vv - < , , ~ ,. ." Bradley Lindgren and steven Dehler May 13, 1994 Page - :2 - I have also had some recent conversations with Steve Dehler regarding the payment of additional sewer hookup charges. I did pr~sent steve's proposal to the city Council whereby acl~itional sewage hookup charges would be determined by metering of water use for the upcoming year. Rather than wait for future metering, the Council would prefer to have the additional charges based upon metering for the past year (SeptemÞer of 1993 through May of 1994). Please give me a call and let me know if this would be agreeable. - - Very truly yours, RAJKOWSKI HANSMEIER LTD. ..~~~y£ , I ~ John H. Scherer . JHS/baz Enclosure cc: Rachel Stapleton city Clerk L:\gen\16J9S\~£051394.011 . . ~ !- .~ Draft to Council May 17: 1994 .' Pursuant to due call and notice thereof: the City Council for the City of St. ,Joseph met in special session on Thursday, May 12: 1994 at 7:00 p.m. in the City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Bob Loso: Stephanie Hazen; ClerkíAdministrator Rachel Stapleton. OTHERS PRESENT: Officer Bradley Meyerf Representative steve Dehler. The purpose of the meeting was to prioritize the requirements of the Americans with Disabilities Act, to put the City facilities in compliance. Because of the pressing nature of the payment of overtime the Council also discussed the clarification from the City Attorney. PAYMENT OF OVERTIME FOR SEMINAR ATTENDANCE: Council reviewed the May 12, 1994 FAXED correspondence from City Attorney ,John Scherer stating that he had received additional information regarding the training session, from Chief Lindgren, since his nrirr;n;::¡] opinion letter. Chief Lindgren had directed the - - - ;;¡ - -- - - officers to attend the classes after receiving approval f:r-om the City Council. Based on this information the City . Attorney's opinion was that payment of overtime for that traininq would be required. The ClerkíAdministrator was directed to n;::¡v the overtime based on this clarification. .. -.... The City Attorney also recommended that the employment committee try to get some clarification on payment for particular training for employees. Brad Meyer requested that the Personnel Committee also get the Fire Department represented at this meetingf because this issue also affects Fire Department employees. Loso will check with the City Attorney on Fire Department employee requirements. ADA PRIORITIZATION: The Council reviewed the report on the changes needed to the City facilities in order to comply with ADA regulations. The ramp to the back door of City Hall is already corrected. A Handicap Parking place wi 11 be established behind City Hall because there is no reasonably close parking place to the front door of city hall! which could be designated as handicapped. The Council also aqreed to designate and sign handicap parking as recommended in the report. Mayor Reber stated that he met with Pete Giroux to discuss upgrading Centennial Park to meet the requirements. Loso stated that the Park Board will begin the Centennial Park nrnip~t soon: which will include the changes for ADA .:--.,,--- - compliance. Loso also recommended and the Council concurred, to have sidewalk installed surrounding the park shelter - building, to make accessibility easier for disabled persons. He also reeommended ha'Jing a uni-sex bathroom. The Council will create a separate budget item beginning in Page , J.. -> . . ',. e" 1995: to provide the revenue for upgrading the facilities to meet ADA requirements. They felt that the City Offices and the City Hall are the most critical areas: and need to have top prioritization. The Council felt that it would be most cost effective to have the City Engineer draw up specs for the facilities and ' . for bids ror the improvements. call The schedule for upgrading the facilities is as follows: 1995 - r.itv Annex - - -... 1996 - ci ty Hall 1997 - Other Facilities Mayor Reber reported that the ice on the sidewalk problem, by the Gretch Barbershop will probably be worked out with a plan to remO'Je the snow onto -the street and the City maintenance will haul it away: as f.} t lie:r snow in tl1e business district. The Fire Department has requested to be placed on the agenda for t:he City and Township meeting on May 24th to discuss the future site for the new Fire Hall" Additional sites proposed for the new Fire Hall were Krebsbach's property on Minnesota street: where the old garage was: and the Bob Schindler property. e The Plannin9 ..... . . will meet on May 16 : 1994 to hold a \_,omml s s 1 on public hearing on a preliminary plat proposal or Art Novak. Hazen a9reed to go as Council liaison: because Hien1enz: the regular Planning Commission liaison is vacationing. Hazen made a motion to adjourn at 8:00 p.m. ; seconded by Loso. Ayes: Reber: Loso: Hazen. Nayes: None. Motion carried. (~ /1 2--~< -/-, '0 ß..ë~¿ß-iQ_L¿¡J-1'J Rachel stap f eton clerk\Admin strator . ?a9':' .... L . . 4IÞpursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, May 16, 1994 at 7:30 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Linda Sniezek, S . Kathleen Kalinowski, Dan Nierengarten, Andy Brixius. Council Liaison Stephanie Hazen. Secretary of the Commission Judy Weyrens. Others Present: Art Novak. Cedar East ~ Preliminary Plat: Chair Klein called the hearing to order to consider a preliminary plat for Cedar East. The proposed plat of property is located at 235 Cedar Street East, St. Joseph, Minnesota 56374; containing approx. 29,295 square feet. The property is legally described as follows: All that part of the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) of Section Ten ( 10) , Township One Hundred Twenty-four (124) North, Range Twenty- nine (29) West, described as follows, to-wit: Commencing at the Southeast corner of the NW 1/4 of said Section 10; thence on an assumed bearing of North along the East line of said NW 1/4 a distance of 559.31 feet to a point on the Northerly right of way line of County State Aid Road No. 75 (formerly Trunk Highway No. 52) ; thence North 88 18' West along said right of way line 831.57 feet; thence North 01 35' East 290.22 feet to its intersection with the Southwesterly right of way line of Burlington Northern Railroad; thence Southeasterly along 4IÞsaid right of way line to its intersection with said East line of NW 1/4 of Section 10; thence South along said East line 87.91 feet to the point of beginning. LESS AND EXCEPT therefrom the West 530 feet thereof (as measured along the Northerly right of way line of County State Aid Road No. 75, formerly known as Trunk Highway No. 52) . The proposed plat has been submitted by Art Novak, 815 Able Street East, St. Joseph, MN 56374. Art Novak spoke on his own behalf. Mr. Novak stated that he is proposing to clean up the metes and bounds legal description and plat his development. The development consists of an office complex with four (4 ) units. Each unit wi 11 function as a townhome, with a common area included in the plat. After reviewing the comments of the City Attorney, City Engineer and St. Cloud Area Planning Organization, Sniezek made a motion to recommend Council approval of Cedar East as presented. Approval is contingent upon all the requirements of the City Engineer and City Attorney being fulfilled. Additionally, approval is contingent upon the approval of the Stearns County Engineer. The motion was seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Brixius, Hazen. Nayes: None. Motion Carried 6:0:0 4IÞ The hear ing was closed at 7:45 p.m. After discussing the recent problems associated with Pine Stock, the meeting was adjourned at 8: 10 p.m. 1 ~¿4êO£4 7?Udy vleyrens Secretary of the Commission .. V I RAJKOWSKI HANS MEIER LTD. Attorneys at Law Reply to: st. Cloud --VIA FAX-- ST. CLOUD May 12, 1994 11 Seventh Avenue North P.O. Box 1433 St.Cloud,)'IN56302-H33 Ms . Judy Weyrens 612'251'1055 Assistant city Clerk Administrator 800'445'9617 P.O. Box 668 FAX 612'251-5896 ci ty of st. Joseph Re: Preliminary Plat of Cedar East MINNEAPOLIS Our-File No. 16,395 2904 Plaza VII . I Dear Judy: '}'5 South Se'\'enth Street )'!inneapolis.~IN55402-1620 I I have had an opportunity to review the Preliminary 612·339-9206 I Plat of Cedar East. It is my understanding the 800-445·9617 proposal is for an office condominium containing four FAX 612-251'5896 uni ts. The proposal may also be presented as an off ice townhouse. For purposes of this discussion, the terms . i "townhouse" and "condominium" are interchangeable. I Our Ordinances do not have specific requirements for FRANKf· RA/KOWSKI' the platting of a townhouse or condominium. This issue GORDOXH.HANSMEIER is addressed by state law which had adopted the Uniform FREDERICK L. GRUNKE Condominium Act. I have attached a photocopy of Minn. stat. § 515A.2-110 which sets forth the statutory THOMASG,[o\'ANOVICH requirements for a condominium plat. The final plat fow:H.SCHERER should contain the information required by section (b) PAULA.R.4IKOWSKI of this statute to the extent the requirements are KEVI.Y F. GRAY applicable. This statute should be called to the WILLlAM¡'C4SHMAN developer's attention at the time the matter is DAVlDT.SHAY considered by the Planning Commission. RICHARD W. SOBALVARRO . I assume that the proposal would eventually result ln MICHAEL C RAIKOIVSKI individual ownership of lots 1, 2, 3 and 4 as platted_ I assume that there would be joint ownership of the rest of the parcel and a charge to the owners for the maintenance of the common areas. fAMES:~O~~:~~~·~;A:~A.CP Upon ,?ompliance with the Uniform Condominium Act. when the flnal plat is presented, I see no problems wlth the GOROON H. HA1o:SMElER IS AOMllTEOTO PRACKE proposed development. It is my understanding that the 11o:p'NORATH~AKOTAANO,WVISCONSI.~' Property is zoned for general business. If so, the AUL . l'\..-\.'KO\\'SKJ IN v ISCO;":SI:'\ '. . . A1o:0WILLlAMJ. CASHMANINSüUTH DAKOTA. proposed locatlon of the structure compIles Wl th the . 'MEMBEROFA'IERICAN necessary setback requirements _ If the building is BOARO OF TRIAL ADVOCATES. going to be used for general business offices, I have calculated the need for 14 off-street Ms. Judy Weyrens . May 12, 1994 Page -2- parking spaces. I believe that this fact should be called to the developer's attention at the time of the hearing on the Preliminary Plat and that a parking lot plan be submitted along with the final Plat. Otherwise, my only other recommendation would be to confirm with Joe Bettendorf that the easements shown on the Plat are either currently in existence and/or will meet the requirements of the City and the Development. As a final note, I wish to point out that Art Novak had been working with David Shay of our office in preparing the Condominium Declaration. Dave became involved unaware of the fact that City approvaI may be needed as part of this project. Dave's involvement on behalf of the developer could create a conflict of interest. As of this point, an issue has not arisen which may put the developer at odds with the city. But if such a dispute would arise, or if the city has any concerns with regard to one of our associates representing the developer in putting together the necessary condominium documents, please notify me and our firm will immediately withdraw from representing the developer on the project. . Very truly yours, LTD. ~ H. Scherer JHS/baz Enclosure L:\gen\16395\af051294.011 . V \\ ,~ . \ \ · ~SaJ '" 5. F'FTH A ""NU~OX "" B' CLOUD. MN 56302· "" 6'2252·"'6 8()D WOW ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORT A nON May 13, 1994 RE: Cedar East Preliminary Plat Review St. Joseph, Minnesota SEHNo. A-STJOE9401.00 St. Joseph Planning Commission 0/0 City Hall 21 NW 1st Avenue P.O. Box 668 St. Joseph,~ 56374 Dear Members of the Commission: I have reviewed the preliminary plat for Cedar East Subdivision and have the following comments: 1. The curb and gutter on Cedar Street ends at the beginning of the proposed development. From this point to the east, the grade is 0.0 percent which means that drainage will have to be accommodated on the property. The natural drainage is to the east, and this will have to be reflected when the site plan for the development is prepared. · 2. The is a 6-inch watermain across the entire south side of the property. While this has not been looped for fire flow, it should be adequate for domestic service. 3. Sanitary sewer does not serve the property. The nearest available gravity sanitary sewer is on East Date Street, extended to a point just east of North Park Addition. The end manhole is approximately 700 feet away from the proposed development. Though my record drawings indicate that the sanitary sewer is deep enough to effectively serve the property, I will need to take a few field shots to be certain. Public easements would have to be obtained across the property in between the existing manhole and the proposed development before sanitary sewer could be extended. 4. Though the entire development is within the City limits, just over half of the frontage road in front of the subject property is in the Township. You may wish to examine this situation from a law enforcement standpoint. This concludes my remarks. If any additional questions arise. Sincerely, · ê~t~endO¡f, P.E. pIe Enclosures Istjoe\940 I\con\my-I3a.94 SHORT ELLIOTT HENDRICKSON INC. ST PAUL. MN MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON. WI . Saint Joseph Township Benton County ~ Haven Township Saint Wendel Township LeSauJ< Township ;. ,""'- ' Sartell ' . . ~<\ugusta Township - "- ~ , Sauk Rapids Saint Cloud ST. CLOUD AREA PLANNING ORGANIZATION Sherburne County Saint Cloud Township 665 Franklin Ave. N.E. St. Cloud, MN 56304 Stearns County Saint Joseph 612/252-7568 Waite Park May 12, 1994 Judy Weyrens st. Joseph City Hall 21 1st Avenue N.W. P.O. Box 668 st. Joseph, Minnesota 56374 - Re: Cedar East Preliminary Plat Dear Ms. Weyrens: I have reviewed the above referenced preliminary plat relative to transportation issues. The proposed plat is located in an area that will be . unaffected by area transportation plans. Development of this plat should be consistent with the frontage road plans north of County Road #75. I have no other transportation concerns with this plat. Should you have any questions or require additional information, please contact me. Sincerely, /7 - ---:/7 'e' '..c.~ ~/ / - /:> / .?-!-,' -d,/ ¿,.:---¿:...¿c / C , / L-t...;?/ David E. Then Transportation Planning Technician DET/jh . A Voluntary Association That is Committed to Coordinated Long-Range Planning Through Constant, Cooperative, Intergovernmental Communication '0 U '0 U .._ ).-i. 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