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Home My WebLink About1994 [06] Jun 16 {Book 05} ~ITY ~OIIN~11 ~-1FFT I hlG .Iunp 1 f) ; 1qqil 7:f)n P . t-1 . AGFN)A 1 . ~R 11 t.n Or' d AI" ? A rr,t'nvp AgAnd8 .1. A !'I !î t·· n v A MinlltAc: - ,1111'11" ? il, Rill~ PRVRhlA . . 5, T t" A 1'1 .S U t'· At' , S RAP ('It' t, h. t-1 :=t Y n t' RA!înrtc: ~. Cnllnril R Annt" t. S R. n P!', 1'1 r· t.ntA n t. HA:=td R Apelt" t S - Rt"Rd I i ndgt"An q. ~1p.rk/Arlminic:t.r8t0r R A ~'I ('I t't-. s 1'1) nApFIt't.mAnt HA:=te! R Apor· t. h) I ir.Anc:ino RAfllSA HRII1Ar's .. ~ r.} hJnn-rJ i s(';r imi nRt. inn Pol irv d) ~nunty Notifir.:=t.t.ion nf A S~H"ssn...· Apro i nt.mAnt A) 1qqil AdvRnCAd AC:RdArnv f nt-· t--11Inic:in81 ~lArks " . fì I t--1C I T (';OVe.r8gA f n t' I 8g81 FP.AS RAsnlution RAqUASt. g) Ot.hAr t-1:=tt.t.Are:: nf ~nn C: A t-' n 10. Oln RUSINFSS: 8) I i nnAm:=t.nn Inn P;:lt'king g) .~idAw81ke:: h) ~Ai 1 ino IvlnllntArI ,~ (~ t" A A n h) ROW Prn!îArt.y RAqUAst . , * rì Honkun FAAS I i nnAm¡:¡nn Inn i ì NIJdit.v Ot'·d i n8nrA " . . . . dì S t. t~ A A t. NllmhAr' i no j) Nnt't.h 1 Rnd I I I * A) P1Ry,ning ~nrnrni ~ sin tl Ot··r! . k ) ~nrnr't'phAn~ i VP. Pl¡:¡n f) Å("CASC: ~h:=tnnAl F qtl i !îlnAnt 1 ) 1 1 R:nf) !'I.m. OPFN TO THF PIIRI I~ 1?, RAC:AC:S 11. R:1n p.m. ~i tv F n 0 i n P. P t· Rppn...·t.~ :=t) Old HiohwRV .r; ? I mr1t~nVAmAnt. Rid AWRt'·d ~ . h') .~ AW AI' II e:: A Ot'·r! i n¡:¡nep Ampndmpnt. c) Ar'p 1 i r8t. i nne:: fnr PRVI1lAnt. (¡::inRlì , . rI) tHldl"pc:::c:: i no Svc::t.PIn 1il. q:nf) n. rn. Vi ('I 1 pnCA PI Avpnt. inn - .lnVC:A RAlfol"rI; Spnk P.e::!îAt' c:::nn 1 Ii . q : 1 Ii p.m VRI'··j Rnc:p Rp(!IIPsi - PRill pilM'c::ki 1 h Q.1n rl . rn R 1 AR ('1'1 PI" S fnt'· R¡:¡sAhRll PRr·k - Pi'll. S(...,hnp i dAr 17 . Q:illi n.m. FirA nAn ¡:¡ I' t.nIAI'I l' - nirk TRllfAn 18. Ad 'inllt'n . Jl; Mayor '- .t Donald "Bud" Reber Councilors ~ _ Ken Hiemenz . ~~ . First Avenue NW Bob Loso .0. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363-7201 City Clerk/Adm FAX #363-0342 CITY OF ST. JOSEPH Rachel Stapleton AGENnA NOTRS TO CODNCIT. DATE: June 13; 1994 TO: Members of t.he C~nci},µ FROM: Rachel staplet~ 9 b. Mayor Reber reported to you about a proposal to license refuse haulers. There was concern on controlling where they dump reruse, because some haulers were hauling out of state to avoid the high tipping fees. A recent Supreme Court decision prohibited this type or control because interstate commerce did not allow it. 9 c. A letter from John Scherer addressing the non- discrimination policy in your packet. 9 d. Each year the County Assessor's Office requests a signed . form statint} that "it is our decision to rehire our local assessor;" state who a new one is; or to have the County Assessor's Office review the assessment for the next assessment year (1995). Ollie Lesnick has been appointed at the first meeting in January. 9 e. I am requesting to attend the Minnesota Municipal Clerks Advanced Academy will be holding a two day conference on record management July 13 and 14 at the University or Minnesota. Registration lS $125. 9 f. The City or Afton is requesting support in getting legal defense coverage extended to cover particular litigation. Our insurance coverage is through the LMCIT. 10 c. Recommendation is in your packet from ,John Scherer. 10 d. Resignation from the committee is in your packet from Brad Meyer. Also included under Joe Bettendorf's report is addressing. I included in your packet his proposals for changes. The Northland Addition and 13th Avenue SE proposed changes only affects the City and there is construction happening in both areas. These corrections need to be made. 10 e. The Planning Commission recommended approval of the draft of the Planning Commission ordinance which is in your packet. 13 a. Bids will be opened on June 15 at 11:00 a.m. for your . consideration and aDPrn._val .Of a resolution acc""._ptino the bid. #> - - ,.., 13 b. CoþY in your packet. 13 c. Joe will present final applications for payment for the 1992 Water Improvement and for East Minnesota Street projects. ~ . . . 13 d. .Joe has bt:"ought in l~rg~ maps l.o1ith the grid fot:" you to come in and \Tiel.o1 ( , the Cit:: Offices) if vnll l.o1ish. ~lso i '.In .. _ n will bring them 0\1 e r to the meeting, See also the r~m3rks undet:" 10 d. 14, .Joyce Belford anò othet:" intet:"F"sted ~et:"sons ' , , CT;UP 1.0111 j ~ - - information uiolence 9reuention- :n.lso the:: . , .. be on 1.011 i -' rpCT11p",t-; 1ìC'! t ~!a t. ;rout' SU990rt b;r D~""'si1ìn a rF'>sol1Jtion and ._ _ ;... h __ _ _ _ _~_ -- ~ -- - - . - ~ t:11J.clg e t i ng fot" this ~1Jr9()se . You. r- ~ C~ e i '.' e (1 i r1 forma t i ()lì on this at th_e 1_ast Inept i ng . , .... Tr1e Planning Commission recommended a99rou81 of 8 J_.-::> . \Tarianc~ r e(~11eS t of P8ul Pilarski for side;rard s~tb;:>ck for a C]ara<]e _' but denied recommending a99roual for a 11 a r i 8 nee on th"" siz~ of the n;:¡r;:¡CTP Information lS .., -- - - - included in 93cket from the t'ìanning Commission. , ... ?;::¡.t s(~ tîlìe ì d. e"( inte11ds t-n (Ii SC·I.1SS a ~r()~)osa '- foy- iQ, })~, eaC[iers tor T,n.p , ,.. .. !!a.r:k. O3S~r}a}:.. J._ I l'r,p p~_ re RpDnr-r is ,_ n yonr ~ì;;:¡C)zPt: ~nd Dick in.tAnd.s T_O ~ - - cli scuss Pire De98rtmeDT ï_ -s S iJ e s , other m;:i t t ~ r s of i.nterest:: A letter to Mayo-c R:e})er f-com Re9resentatiue st~ue Dehler ,-, . i:n :! r")ìj r 98cket re(fìl~8t,in0 '3~!,)1:"O\T8~ of a 91"0<:' 8m~T-_ion, - - 'T'het'e l.o1",rp 9roblerns uith the ' , d F'> '3 (' 1:" i 9 t i (> 1ì tor the E 3. S t. 'P(~i _ _;" _. H M_innpsota st reer_ 8.nnexation- D ê S r·_~ -r i ~ t i (1) S of ~)t'o!,)erty wh.~L c11 is annexed is reu-i~wed t~V , different ageDcio::s, To - - se\Jer8.1 ,.. . ,. ë.ne 8_nne X '3. t i rYCI t D. e (.-1. ÏJ. n t c i ~) 3 1 Bo;::¡_ yc1 -( ~corlS i c1.A-( ed_ 8_r~o. I:1nallZe a1)9rO\Ted the ro::uised 1 e{] 8.1 des c r i ~ t j, 0 n , We 'cecentl;r dis!?osed of two old coucr-Ies and a chair wt) ch were stored in the 90rch of th~ a9artment. 'T'npv were unìzeà. - -. -- ,Janel 1 e ot the Newslead""r s p"n t t;60,OO for rnon1O::S w~nic~h '301'10:: collected for Earth n;:¡v from the Women or Today. - - - . Ron 5: 14 AM I.heck RegIster Page 1 City of St. Joseph ( , June 16, 1994 t , Check Transaction Batch ~ae Cosments Amount Fund Depart Ob.i Name Batch Name 06-10-94 19725 First state Bank collection fee 10.00 601 49440 310 06-10-94 19725 First state Bank collection fee 10.00 602 49490 310 06-10-94 19725 First State Bank collection fee 10.00 603 43230 310 06-10-94 19728 J.r. Case Credit Corp loader payment 850.96 101 43120 580 06-10-Q4 19736 Rudolph's lnc repairs to 3D tractor 17.73 101 45202 230 06-10-94 19735 Rengel Prìnting stat for sum. rec. T-shir 7.9Q 101 45120 350 06-10-94 19738 Sales and Management Inc employee training 825.00 101 49300 432 06-10-94 19732 Patricia Overman/Recorder recording fee, variance 19.50 101 4191!) 431 06-10-Qd 19718 AT & T telephone services 19.55 101 42151 321 06-10-94 19729 Krebsbach Oil Company gas 15.70 101 45202 210 ;)6-! 0-9d 19729 Krebsbach Oil Company gas 3ì ))0 101 43220 210 06-10-94 19717 AT ~ T LD long distance 22.28 101 42151 321 06-10-94 19742 US West Communications teiephone services 163.21 101 42151 321 06-10-94 19742 US West Communications telephone services 56.32 101 45201 321 06-10-94 19742 US West Communications telephone services 56.32 602 49490 321 06-10-94 19742 US West Communications telephone services 93.18 105 42250 321 06-10-94 19742 US West Communications telephone services 175.n 101 41430 321 06-10-94 19742 US West Communications teLephone services 47.76 101 41941 321 06-10-94 19721 Cold Spring Veterinary Ciinc boardingieuthanasia 210.00 101 42700 300 06-10-94 19731 Leef 8ros floor runner 6.92 101 41941 210 06-10-94 19731 Leef Bros floor runner 20 .í 6 101 41942 210 06-10-94 19731 Leef Bros clothing service 67.43 101 43120 171 06-10-94 11"¡ aros clothing service 17.36 601 49440 1ï1 06-10-94 1 eef 8ros clothing service 1ì .37 602 49490 171 06-10-94 19 Lee's Ace Hardware repairicleaning suppiies 33.78 101 41942 220 06-10-94 19730 Lee's Ace Hardware repair supplies 4.36 101 45123 230 06-10-94 19730 Lee's Ace Hardware repair suppiies,coupiings 74.53 601 49440 220 06-10-94 19730 Lee's Ace Hardware repair supplies, 37.97 101 43120 220 06-10-94 19730 Lee's Ace Hardware weather strip 2.29 101 45201 220 06-10-94 19730 Lee's Ace Hardware blades,weed kiLler ,seed,s 397.69 101 45202 220 06-10-94 19722 Taufen, Dick postage 1. 90 601 49440 322 06-10-94 19734 R.L. Polk & Company 1994 directory 12.24 101 42120 210 06-10-94 19720 Browning-Ferris Industries medical waste removal 50.00 105 42220 220 06-10-94 19719 Loso, Bob annual conference expense 590.13 101 41110 331 06-10-94 19726 Gopher State One-Cail notification fee 64.12 601 49440 319 06-10-94 19726 Gopher State One-Call notification fee 64.13 602 49490 319 06-10-94 19723 Erkens All Seasons Service çleaning service 69,22 101 41941 300 06-10-94 19723 Erkens ALl Seasons Service cleaning service 69.23 101 d1942 300 06-10-94 19723 Erkens All Seasons Service cleaning service 40.00 101 41942 300 06-10-94 19724 Farmer Seed & Nursery Co Shrubs 47.57 101 41942 220 06-10-94 19724 Farmer Seed & Nursery Co Shrubs 92 .10 101 45202 230 06-10-94 19737 SEH Engineering, Industrial 1,647.25 101 43131 303 06-10-94 19737 SEH Engineering, Industrial 76.00 602 49480 303 06-10-94 19737 SEH Engineering, mapping 487.00 101 43131 303 06-10-94 19737 SEH Engineering, s'ly bypass 89.00 101 43131 303 06-10-94 19737 SEH Engineering, test well 29.70 601 49410 303 06-10-94 19737 5EH Engineering, general 153.00 101 43131 303 06-10-94 19737 SEH Engineering, Old 52 827.35 106 43120 530 06-10-94 1.5EH Engineering, East MN 1,001.88 412 49451 530 06-10-94 13 Jun 1994 Chee ~ Reg ì ster ¡).3ge 2 Mon 5 : 14 AM City of St. Joseoh June it>. 1994 Check - Trdnsaetion 8atch . tiulilber Name COli1l11ents AMunt Fund Depart Obi HaGle Batch Name 06-10-94 19737 5EH Engineering, ~ater Storag d8Q.SO 409 49435 530 i}6-10-9d 19739 Southam Business Communication publication, Old 52 ìj ,05 106 43120 530 0t'-¡ 0 - 9 4 19735 Rengel Printing !olice envelopes 111,2<1 101 42120 210 06-10-94 19727 InfoSynthesis, lne folio training, upgrade 160.98 101 41430 '" ' Ob-1O-qd ~¡;:¡ 19733 Quality Electronics computer hardware 6.5/5,31 101 41430 581 %-10-94 19741 Stearns County Chiefs Assn 19q4 dues 1 ~; . ·:~C) 101 J2l20 J~~ Ob-l0-Q¿ 19740 St. joseph Volunteer Fire üept firefighting expenses 12,855.00 105 d2220 315 1)6-10-94 ...----..--- Totals Batch Name 06-10-94 29,019.~3 --------- Grand Total 29,019.63 . . ~ '. f I I r Corrected June ? 1994 -~ . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 2, 1994 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Donald "Bud" Reber. Councilors Ross Rieke, Bob Loso~ Stephanie Hazen, Ken Hiemenz. Deputy Clerk Judy Weyrens. Others Present: Steve Dehler, Ed Merkling, Craig Ruhland. Approve Ag-enda: Loso made a motion to approve the agenda with the following additions: Clerk/Adm Reports (h) Meeting, June 14; (b) Summer Help. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Approve Minutes: Loso made a motion to approve the minutes of the May 21 , 1994 City Council meeting with the following correction: Page 3 : 2 ) Loso. . . Shannon 1 s Upholstery would be required to . . pay an annual rental fee based on the actual costs of the sign, with . . The motion was seconded by Rieke. Ayes: Reber, Rieke~ Loso Nayes: Hazen Abstain: Hi emenz Motion Carried 3: 1 : 1 4IÞ Bills Payable: Loso made a motion approving the bills payable as presented, check numbers 19653 thru 19702. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Loso made a motion to pay the overtime and callouts as presented; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Computer Purchase: Weyrens presented a request to upgrade the computer hardware and software of the City Offices. The current computer system is very slow and does not have adequate space to use all the needed software. The request for software includes training for Folio, the purchase of Word Perfect 5.2+ , (to be used with Folio), training for Word Perfect, BDS Fixed Asset, and the use of Hard Drive Manager. After discussion, Hazen made a motion to approve Folio Training, the purchase of Word Perfect 5.2+ and to send Mary Generous to training at the Technical College, the purchase of BDS Fixed Assets, and the use of Hard Drive Manager, a shareware program. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 In addition to the software request, Weyrens presented a request to ~ purchase three (3) computer systems to increase processing time and hard drive space. After discussion, Hazen made a motion to accept the low quote of Quality Electronics, to purchase three ( 3) 486/66 mhz computer systems for $6,600.00. Additionally, to all ow the purchase of two computer printers~ to include a Desk Jet, at a price not to exceed Page 1 CC:)frec-ted June ) 1994- -I $1,000.00. The motion was seconded by Rieke. . Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Mo ti on Carried 5:0:0 The Council requested that they be informed as to the progress of the equipment purchase and the use of the software. MAYOR REPORTS Water Department Request: Public Works Director Dick Tauien is requesting the purchase of a meter for the Water Treatment Plant. Two types of meters are available, a bottom mount - $ 156.38 and a flush mount - $ 332.82. Taufen is requesting the purchase of the flush mount meter since it would fit into the existing system, without any remodeling. Hazen made a motion authorizing the purchase of the flush mount meter for the Water Treatment Plant, as requested, at a purchase price of $ 332.82. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: :'0one Motion Carried 5:0:0 Chamber Request: The s+ Joseph Chamber is requesting assistance with c . funding for pian1:ing flowers in the tree boxes along Minnesota Street. The flowers would be placed in ciay pots so they could be removed for winter. Loso stated that the Maintenance Department 1 S not favorable to this request, as it would create difficulties when watering the . ::-ees. Rieke questioned whether a volunteer could be sought to take care of the flowers and water them. Reber stated that whether or not the City contributes to the cost of the flowers, they will still be planted, since other organizations are also being solicited for funds. Hazen requested that along with the flowers, the Chamber consider placing flags on each decorative light. Weyrens will refer this matter to the Chamber. Hazen made a motion authorizing the expenditure of up to $200.00 to assist in the funding of flowers for Minnesota Street. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Fire Hall Propertv: Reber has received a drawing of the Krebsbach property complete with dimensions. Hazen will present the information to the Fire Board. Northern States Power: Reber received a thank you from Northern States Power for the City , support of Prairie Island. s Central MN Consortium on Violence Prevention: At the recent St. Cloud Area Planning Organization, speakers were present requesting funding for the prevention -f violence through the Central MN Consortium. The o~ goal of the Consortium is to provide youth with positive alternatives to violence. This is accomplished by providing the youth with the opportunity to belong to a learning and serVice group that promotes . their abilities. The Consortium is requesting funding from St. Joseph in the amount of $ 1 ,562, based partly on population. They are also requesting that we place funding in the budget for 1995. Members of the Consortium will be invited to the City Council meeting on June 16, Page 2 · . I : Corrected June ? 1994 - , · 1994- to further discuss their program. Refuse Remova I: The St. Cloud Area Planning Organization stressed the importance for Cities to be aware of where their refuse contractors are hauling their refuse. NEWSLEADER Corrections: Since a Newsleader reporter was present, Mayor Reber discussed some of the inaccuracies in the recent edition of the NEWSLEADER. Rieke questioned whether "+ would be beneficial to keep a 1 c running clock of items discussed at the Council table. Information could be verified more readily from the tapes of the Council meetings if times were a part of the minutes. wgï~rr~ation Plan~ R~¥erCleq~ested ~ythorizaÒion to fxecute a le+ter anson or t e .::>. Oll Area annIng rganIza lon, requestIng researching alternative plans for the proposed roadway through St. Benedict's. During a meeting with representatives from St. Benedict, it was requested the City consider requesting a second exit from 1-94-, which would exit at CR 12l. Hazen made a motion authorizing the execution of a letter to Hanson, requesting the researching of a second exit from 1-94-. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 4IÞ COUNCIL REPORTS Rieke: No report. Hazen: Questioned the status of the ceiling mount screen, and Of it was 1 ~ appropriate to delegate this matter to Public Works Director Dick Taufen. Hazen stated that Taufen was requested to check the mechanics of mounting a screen and if i t was possible. Loso Park Request: The Park Board has received quotes to replace the concrete around the Centennial Park Shelter. The City would be responsible for removing the old concrete and benches. This request IS part of the compliance to the American Disability Act. Loso made a motion accepting the low quote of Concrete Plus in the amount of $ 2,460.30, to be expended In equal portions from Park Development and Sidewalk Department. The motion was seconded by Rieke. Discussion: Rieke requested that the monies expended from sidewalk Department be added back into the budget for 1995. Loso requested to amend the motion to include the expenditure of $ 50.00 for a bench pad. Vote Call on amendmen t : · Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Page 3 Corrected June 2. 199ú . Vote Call on Motion: Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Legislative R e '.' i ew : Loso attended the Legislative Review sponsored by the League of \"1!'-i Cities. Most of the information presented at the review is located In the current League Bulletin. Slide: The new slide purchased from \1 inn e sot a Playground was installed in Centennial Park and should be ready for sliding on June 3, 1994. Hiemenz Garbage Complaint: Received a complaint from Sue Karnik, 101 1 East Able Street, about the garbage on the vacant lot near her property. She stated that she has be e'n trying to get the matter resolved, but has had no action or follow-up. Hiemenz stated that ne did ,,r i e\\' the material and 1+ is In need of cl.ean-up~ ~.ieke stated that the C~i ty does have a procedure and an Ordinance to enforce this matter. The property owner should be ~ . ,_. . to clean UP the oraDer:v or the (-: i ty n01..1Ilea - - - wi 11 do so, charging the owner for r emo val . The :_____ l. ty Offices were requested to follow up on this matter. ~azen re'Jues~ed that the {,-,l -: y Off ices contine to include the lis t of tOllOW up :::rom the Council meetings In the meeting packets. e \olulti Cultural Conference: Hlemer:.z -stated that he :-ecei'led information. about a Multi C:ultural Conference, if any member of the C:ounc i 1 was interested. Councilors stated ~hat they a 11 ïeceived thi.s informatior.. OPEN TO THE PUBLIC Steve Dehler questioned whether r\r not the Council would be discussing ~ , the Hookup fees for the Linnemann Inn at this meeting. Hazen stated that the Council has not received further correspondence from the Ci ty Attorney, or numbers as to their usage. Reber stated that this matter is not on the agenda to be discussed at this -t' mee.lng. Loso made a motion to îecess at 8:09 p.m. : seconded by Hazen, Ayes: Reber, Rieke, Loso, Hazen, W' <.1 emenz Nayes: ~ione Motion Carried 5:0:0 Mayor Reber reconvened the meeting at 8:25 p.m. Clerk/Administrator Reports Watab Deer Hunters Gambling Application: Loso made a motion to approve the application for exemption from Lawful Gambling for the Watab Creek WT Chapter/Minnesota Deer Hunters Association. õ" event is scheduled d1e for September 14, 1994 at the La Playette. The motion was seconded by Hazen. . Ayes: Reber~ Rieke, Loso~ Hazen, W' "lemenz Nayes: None Mo t ion Carried 5:0:0 Page 4 ",' . , , . Corrected June 2, 1994- . Non-Discrimination Policv: During the 1993 Audit, the auditors noted that the City does not have an Non-Discriminiation PolicY1 as required for federally funded projects. Therefore, Kern Viere DeWenter has proposed a policy to be adopted. Hiemenz requested the City Offices check the amount of the fine in the policy and 'f that is the required 1~ amount. Loso made a motion to approve the policy as presented; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Worker . Comp Premium: Weyrens stated that annually the Council has the s opportunity to review the deductible for Worker , Compensation s Insurance. Currently the Ci ty has a $1 ,000 deductible. The Council agreed that SInce the City has had few claims, the deductible could be increased. Loso made a motion to change the deductible for the Worker , Compensation Ins ur'anc e to $ 2,500 for after which s one year, they wi 11 review the matter again. The motion was seconded by Rieke. Aves: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Park Board Recommendations: 1 ) A suggestion was made to construct a playground in Morningside Park. Loso stated that the Park Board was considering a sandbox 200' x 200' , but is in the process of reviewing 4IÞ the size. At this time the Park Board is not requesting any action of the Council, but making them aware that they are working on development plans. 2) The entry way to Morningside Park has much erosion. Loso stated that this matter has been turned over to the Ci ty i::.ngIneer. 3) The Park Board 1S requesting the Maintenance Department water the seedlings in Morningside Park and cut the grass between the trees. The Council discussed the tree plan requested of Mike Sworski, and '-f he I ~ intended to present i t to the Council. Weyrens stated that Sworski has completed a plan, but the Park Board did not wait for the plan and planted the trees without discussing it with him. The Council requested that Sworski present his plan to the Council for planting next year. Additionally, SInce the trees have already been planted without the soil being prepared, it was the consensus of the Council not to expend alot of time nursing the trees. 4-) þ~ recommendation was made to improve the . ...' horse shoe : ... Rieke questioned whether eXlsLlng pl. LS . the improvements would convert the horse shoe pits to regulation '-¡- P I oS. Loso stated that the Park Board will make a recommendation at a later time. Noise Violations: The Police Department issued two noise violations for the following properties: 123 East Cedar Street, Mike Deutz owner; and 114 Minnesota Street East, Tony Pelzer owner. Both noise violations are first violations and require no action at this time. Surplus Property Auction: The surplus action held on May 7 , 1994- resulted in a net profit of $ 1,232.4-7. . Meeting with Bar Owners: The meeting originally scheduled with the Bar Owners on June Q 1994- needs to be re-scheduled due to the League J , Annual Conference. Unless the Police Department has objections, the meeting with the City Council and Bar Owners was established for June Page 5 '. ('=:orrected June 2. 1994 . 14 I 1994 at 3:30 p.m. , immediately following the City Council and Po li ce Department meeting. Summer Help: One + the part time 'Norkers has been ill and '+ is 0..:.. 1 c undetermined i f he I)} i 11 be able to continue working. Jim \;\ar thal er has requested the r=ounc i 1 consider additional help i f the '.vorker is unable to return. Hiemenz made a motion authorizing the Pe,sonnel C O£ìlm i t tee to review applications and -f 1 ! i the vacancy if needed. The +' was mo L l on seconded by Hazen. Ayes: Reber, Rieke, Lose. w Hiemenz "azen, f\!ayes: None Mo t ion Carried 5:0:0 OLD BUS INESS Dumping Ordinance: Loso made a motIon to amend Ordinance 1 .~- and . \J / Ordinance 35 as prepared bv the City ,-1.ttotney. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Losc~ Hazen, 14' .,iemenz ?\! aye s : \ione '¡¡otion Carried 5:0:0 Leaf Burning Ordinance: The Council was in consensus to drop the Leaf Burning Ordinance from Old BUSiness. Since the City has not had many problems with burning in the C:of:)orate Li1T1its and :-esidents enjoy burning leaves in Spting and Fa 1 ~ ! the Council ::anno --:: '~. ee restristir~g e burning at this .. ~ ~c "....lJl..... . Northland í T i. ,.-...: -+. ~ . ,:;' t tor n e :,; .., - ScheI"e:~ r ecornillended the C it;.' accept ~ ._J..<....,v --,onn a proposal of 7 acres as park c:ontribution for \iorthland Phase I I I at the present time. In conjunct~on '.v it h the park contribution, the C: it y would keep the cash previously dona1:ed by the developer for Phases I and I I . That cash would be e3.:-:TIarked for the construction of improvements within the park. \0 further cash nor ,eal property would be required with regard to the development of the i"'est of the \orthland Property. Payment for the park property would be an issue between Terry Schmid and Rothfork. The City would have its park and cash for the improvement of the park. Further sonsideration '.I!ou 1 d not be a concern with regard to the last re:naining phases + \jorthland. Mr. 0-,- Scherer also recommended that tne C it·v attempt to negotiate an agreement which would f i rml y establish the park, provide for a park area in the e:ccess of the amount requited under the ordinance! and allow the city to keep the cash previously contributed. Rieke made a motion accepting the recommendations of the City þ., t torney and instructing him to prepare the developers agreement In accordance with the above recommendations. The motion was seconded by Loso. Bleachers: Loso stated that he and Pat Schneider a~Q still working at > ~ purchasing bleachers for the ball parK. The new bleachers would cost $ 13,900 plus S 1 ,600 for 1 + 1 ¡ +' and ~ 2. 100 for the cement pad, ~ns,-a~~a,-ion 'T Both Loso and Schneider are seeking additional funding from local . organizations. Application For Pavment: Ci ty E:1giileer Joe Bettendorf has r ecorrunended approval of application for payment ,,3, S. J. Louis Construction, East Minnesota Ç'+roo+ Project, in the amount of ..::. 27,406.75. Rieke made a -....J .... J. '--....... ... 'T Page 6 . . . . J Corrected June 2, 1994 . motion to approve payment to S. J. Louis Construction in the amount of $ 27,406.75; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 Meeting with 6th Avenue Residents: Mayor Reber stated that the residents .f 6th Ave SE invited him to a meeting of residents on June 0-,- 1 , 1994 at the City Hall. The reason for the meeting was to discuss the problems associated with Pine Stock and special events sponsored by St. John , and St. Benedict's. The residents requested the names of s all the landlords so a meeting could be established with the residents and Landlords. Also, the residents are gOing to write letters to the Judges in Stearns COU!)ty requesting stiffer fines through the ]udicial process. Another option discussed was the possibility of increasing the rental license fee to cover the costs of hiring additional security when the two Colleges s pons'o r special events. Reber informed the residents that a meeting being established with st. John , St. was s, Ben , '" City Attorney John Scherer, Police Chief Brad Lindgren and ~ , himself, to discuss the possibility .., -l' ..f.- . . Pine Stock. :vlayor 0.1 Ulscon¡,lnulng Reber stated that he would keep the Council informed of any future meetings. Fence Complaint: Mayor Reber questioned Mr. Rieke as to the status .., 0.1 his fence that has been ordered to be removed. Mr. Rieke stated that 4IÞ his attorney has contacted the City Attorney, and at this time he . cannot comment on the situation. Adiourn: Hazen made a motion to adjourn at 9: 15 p.m. ; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz Nayes: None Motion Carried 5:0:0 ezt:{ ely ¡{¿"i¡!/I,f4¿J . udy Weyrens Deputy Clerk . Page 7 , , POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 EDUCATIONAl. C£NTEA Of C£HTRAL W4HUQTA. (612~ 363·8250 EMERGENCY 911 DrHE = JW.JE lE.., .1 ')';) 't T()~ ST JOSEPH CITY COUNCIL FF~()M : CHIEF I...II--IDGF~EN SUBJECT: ORDERING DRIVER LICENSE/I.D. CAfW INFORMA1"ION MANUALS. DEAR COUNCIL MEMBERS, THIS ITEM CAME UP AFTER WRITING THE COUNCIL REPORTS. ATTACHED IS A SAMPLE OF A POCKET SIZED MANUAL THAT LISTS FULL COLOR DRIVERS LICENSE AND I.D. CARDS FROM EVERY STATE IN THE Nf)TION. IT ALSO LISTS EACH STATES SECURITY FEATURES AND . THE UNDER 21 SECURITY FEATURES. THE MANUAL ALSO HAS OTHER USEFUL INFORMATION FOR LAW ENFORCEMENT. I WILL H~WE' THE COLOR BROCHURE AT THE MEETING IF YOU WISH TO SEE IT. I BELIEVE THIS WOULD BE VERY BENEFICIAL FOR OUR DEP(.:jf~TYIENT , FOR OBVIOUS REASONS. THE COST IS $12.95 EACH. I WOULD LIKE TO PURCHASE ONE FOR EACH OF OUR OFFICERS. TOTAL PRICE WOULD BE $64.75. 1 NC 1 DENT riLL Y, THE FINE MONEY THE CITY RECEIVES BACK FROM 1 FAKE D.L. CONVICTION IS OVER $100.00. 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CD::J _ :;: ,..0 _ _ _ O C. ~ g¡ Q1£::>'!20::J" aØ> ¡¡; C:)~::J en _0.0 -. a. a. CD - ~ CD _ a. ::J ft. _ _ _ - Q) ::J õ' Ø> - - - < n:=þ::J RD _ ~ Q) 1\)- g} 0 0 0::J::J=t 0 Q1Ø> CDÕ.t:_O ~ 1\)111 ~ moo ¡¡Q õ' iit ;:~!!!.;¡3" -W" CD os:: 5" ~ ~ §. (Q I» RD I» Q 2. (1) Q) I Ø> _ _::::,::J CD::J z 3 t: (') a.. ~ a. ",ê Q ",Õ' ~ Q. ¡ ~ " !!I Ii' iii' < .." CD .... Ø> 3 .... ::J _ - 3 _. .. _ Q) en I\)"=::: Ø> I\) 0 ::J" 0.... "C 0 ~ c.n~ 'C/)_' CD ::J 0- _. m ro CD_ õ' CD c: .., _ Q) :J ~ < == U1 ::J U1 õ' -EI) 0 0 ::t ,,.. N =. ëi)':S:: CD CD '" N 3 t: (1) ca - -0' CD I\) CD Ø> Ø> 0 _. ~ (1) o 0 0 . n "0 !6- 00::J"::J" g ~ _ '" . . POLICE DEPARTMENT , , ~ . . BRADLEY J. LINDGREN, CHIEF OF POLICE ~ BOX 268, 25 N.W. 1ST A VENUE . ST, JOSEPH ST. JOSEPH, MINNESOTA 56374 T10NAL CVfT'Eß OF CEHTRÀL "'OOIESOfA (612) 363-8250 EMERGENCY 911 D(HE: JUNE 16, l'3')·{t TO~ THE ST. JOSEPH CITY COUNCIL FF<D'1 : CHIEF LnmGRE¡-'¡ SUBJECT: MONTHLY REPOVfS DEAR COUNCIL MEMBERS, PLEASE FIND ENCLOSED MAY'S POLICE DEPARTMENTS MONTHLY I:;;EPm~:T~3 . THERE ARE A COUPLE OF CATEGORIES I WOULD LIKE TO COf"'11"IE¡-··IT O¡·~. UNDER TICKETS & CHARGES, LAST MONTH WE CHARGED OUT 5 (.¡SSAULTS, 4 DISORDERLY CONDUCTS, AND 2 DISTURBING THE PEACE, AMONG THE OTHER INCIDENTS. IN ALL OF 1993 WE CHARGED OUT 7 AS:3f4UL TS, 4 DISORDERLY CONDUCT AND 2 DISTURBING THE PE(4CE. A COUPLE OF THE CHARGES ARE LONG FORM COMPLAINTS FROM - P~: lOR COl1PLETED I t~ljEST I G(¡T IO¡-'~:3, BUT MOST ARE FROM MAY, AND SPECIFICALLY THE PINE STOCK WEEKEND. I BRING THIS TO YOUR - (.¡TTEJ'IT I Ol"~ '! AND FOR YOUR INFORMATION AFTER COMPARING IT TO PI~~ST YEr,¡f~S, AND YEAR END REPORTS. JOHN ~)CHEF:Ef<, BUD, A¡-~D I ARE TENTATIVELY SCHEDULEDfO MEET WITH ST. JOHNS OFFICIALS ON JUNE 17TH RELATIVE TO PINE STOCK. ENCLOSED '! AND FOR YOUR INFORMATION IS THE MN CHIEF'S OF POLICE 1994 OFFICER OF THE YEAR SELECTIONS. IT n) I~t~ INTERESTING ARTICLE, IT EXEMPLIFIES SOME OF OUR STATES BEST AND FINEST OFFICERS, IN REAL SITUATIONS. I WOULD ENCOURAGE YOU TO I=<EAD IT. WAITE PARK OFFICER ARLAN SCHERMERHORN & TWO ST. CLOUD POLICE OFFICERS RECEIVED HONORABLE MENTION, At~D A DESCRIPTION OF THE INCIDENT OF THE OFFICER INVOLVED SHOOTING HI ST. CLOUD lJIST JULY. COUNCIL MEMBER RIEKE MENTIONED THE LAWSUIT THE MN STATE PATROL SUPERVISORS FILED. IF YOU DO NOT HI~\jE A (::OI='Y OF THnT NEWSPAPER ARTICLE, I HAVE ENCLOSED A COPY. AU30, I HAVE ENCLOSED A COpy OF AN ARTICLE FROM THE II (4Dl.)OCATE II _" LEGAL ,nJS FOf< 1"'1 HJNESOTA GOVERJ-.IMENT II 01>1 AN ARTICLE WRITTEN BY AN ATTORNEY AND COVERING COMPENSATORY TIME At-ID F. L. S. A. STANDARDS. AGAHI, I OFFER THIS FOR YOUR I ¡"WORI'1AT I ON. I WILL ALSO SUBMIT TWO COUNCIL ACTION ITEMS. THE F IFWT ONE IS A CRIMINAL CONVECTION OF DALE SCHNEIDER FOR ILLEGAL SALE OF ALCOHOL THAT OCCURRED LAST OCTOBER. THE OTHEF~ IS (,¡ REQUEST FOR OFFICER GUSTIN TO ATTEND A 1 DAY DARE OFFICER RE-CERTIFICATION COURSE. IF DARE OFFICERS DO NOT RE-CERTIFY, THEY WILL NOT BE ALLOWED TO TEACH DARE NEXT YEAR. (TUITION If:) FREE) S I NCEI=<EL. Y , ~ --;::S: - BF::{IDLEY J. LIt..JDGREH POLICE DEPARTMENT . . " BRADLEY J. LINDGREN. CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH. MINNESOTA 56374 . E!XiCAr.o'UL C¡~OF CV(TR.l.l ¡'¡-"-1ŒWTl (612) 363-8250 EMERGENCY 911 W(,~C 0E.-0f\--94 St. Joseph Police Depa~tment Time: a : 2 G ¿I m C~ime Summa~y Repo~t - UOC ¡:'z, 9 e ~ .- Monthly Repo~t Fo~ May 19':)/+ S.8r·! : ..... 1 1 rl.L. .~ ¡:I·,~i~~·l Al_L_ lJ 0 C codes ;:'T i nt CiU._ [SHs P·rint ALL LGH Codes U D C Tot-:-<l U D C L.i.te~al T~ansl~'\t.i.on - -. - ---- -------.. ~- - - - - - - - - - - - - ~- -- -- -- -- - _.- .-.- - - -. -- -' -- - - - - - - - -.' - - - - - - -.. -- -,- '} ø 0 c. · · · 1 T I:;: r4 F :-=- I C L I G H T ;-; '303.(:2 · " " i OPt~i"{ BO'-CTLE '3[11..4 .::. (:1 ~:;¡:'(¡::ÜI¡4G " · " L_ ,~, 9Ø3Ø " · " 1 ~~TC:¡P ::.' I Gt..f - - '3Ø~~;:5 · " · .1. ¡:; :~ì F·~ 1<. I ¡.,! C; '307'·) " " " i EXPIRCD REGISTRATION ')201 · " · 1 ¡·~o P:~:DOF OF I ¡-~SUR(·:H~c[:: I r~ \')EH I C:LE 9204 · · · 1 FAILURE TO TRANSFER TITLE ();~~;:.~;::: · · · b ILLEGAL USE OF DRIVERS LICENSE '3;~2i.! · · · 1 REVOKED,CANCELLED OR SUSPENDED D.L. ') 2 ~5 ø · · · ,~ HO I m:: OF:D I NAt~CE 9E~~51 · · · 1 DOG md> I Hr,H~CE 925~3 · · · 1 (3n¡:;:.ßAGE, I~EFUSE , OR FURNITURE ORDINANCE '3263 · · · 1. f:¡LCOHOL IN THE PARK ARERA , POLICE DEPARTMENT , , ¡ , . BRADLEY J. LINDGREN, CHIEF OF POLICE ~ ST,JOSEPH BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 TIOHAL CEHTER OF œHTRA..1. WlHHESOTA (612) 363·8250 EMERGENCY 911 Wed 06-08-94 St. Joseph Police Department Time: 8:26 am Crime Summary Report - UOC Pagf?: ·:..ï .... Monthly Report For May 1994 SÜI'~ . All . Print ALL U 0 C codes p·ri nt ALL ISN!::. Print ALL LGN Codes U 0 C Total U () C Literal Translation ----- ---.....- __________________________________OM..____________._______~___ 9272 . · · 1 BAR VIOLATION ORDNANCE '3274 . · · .it MORE THAN ONE KEG 9284 . · · 4 PARKING ORDINANCE - 928'; . 1 UNREASONABLE ACCELERATION OR BRAKING · · - '3302 . · · .1 L O~:; T At-! I ¡·'if)L ~3 9303 . · · J LOST Pf~OPEf~TY ')312 . · · .1 FOUND At,! II'1i)LS 9313 . · · 3 FDUI'4D Pf;:OPERTY '3·4·<'¡Ø . · · ;:~ PROPERTY DAMAGE MOTOR VEHICLE ACCIDENT 9600 . · · i ~jLL OTHEf~ F IfŒS ')E..0::~ . · · 1 MUTIPLE DWELLING FIRE 9£,08 . · · 1 DlJIYIPSTER FIRE '3735 . · · 1 MEDICAL EMERGENCY--ALL OTHERS 9738 . · · ,:\ ALL OTHER MEDICALS POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 . !..C)!..IC.J.noNJ,L CE..'ftER Of CÐITlUL II\IIMoÆSOTA. (612) 363·8250 EMERGENCY 911 Wed 06-08-94 St. Joseph Police Department Time: 8:26 am Crime Summary Report - \JOC P~'I8('?~ ., '-' Monthly Report For May 1 r:Y9 i¡ Sßi"~ . All Print ALL U 0 C codes P'i~ i nt ALL 1SI'1s Print ALL LGN Codes U 0 C Total U 0 C Litend Translation ---._-.. ------ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ~ __ __ __ __ __ __ _ _ _ _ ~_ ~_. __ - ~ - ~ - __ __ __ _. - _.. -< - __ _.. ___0 ':)800 · · · iE.. ALL MISCELLANEOUS PUBLIC ') E! ø 2 · · · 2(-) MOTORI~n nSSI~nS '3ß03 · · · 1 P!~:D\,JLER '380'+ · · · "'+ PUBLIC ¡::1S~:I:=nS - - IJ ~~ 1 0 · · · 1 r=~ t: ¡~1 n I.) l: U f~ t.J (i ¡-4 T E·: D P t~ I~: ::: C~ 1-'1 ') [j 1 2 · · · 1 CHECK THE fJf;:ErJ '3813 · · · 8 REOUEST OFF I CEI:;; ':1lHE.. · · · 1 CHECK Œ-I l·JELFriRE '3'90;:) · · · .t ¡~-UrjEF:(jL E::;C()¡~: r ':V:;)0A · · · 6 DELIVER AGENDAS/MINUTES/OTHER PACKETS 9'307 · · · L¡ STFŒET S I Gt,~ DOI.,H"¡ ~Y;;)(!V) . · · 1 G U 1,1 P cr<i'U T I S~)UED '0':11\.3 · · · 1 BREAfH OR BLOOD TEST ';:¡':}12 · · · 1 TF,m,IE;POFn t'1¡:::1LE . 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 Wed 06-08-94 st. Joseph Police Department Time: 8:26 am Crime Su~mary Report - UOC Page: .¿} Monthly Report For May 1994 SBN . All . Print ALL U 0 C codes Pï'int ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C L i te'('a 1 T'('a n~¡¡.l at i C)}1 ----- ----- ____________________~________.______....___________.._0._" 9913 . · · 17 ASSIST OTHER AGENCY '9914 . .. · l ATTEMPT TO LOCATE 9'916 . · · 3 PAPEr;; SER\.JICE (WARRANTS/COMPLAINTS/SUMMONS) · 9'317 .. · · 4 AL.AF<lrl '":3 ') 1 ß . · · 1 OPEN DOOF;; 9923 . 'ï EXTRA PATROL NEEDED · · c_ '3'3i:~6 . · · 1 911 HANG-UPS OR UNFOUNDED OR OPEN LINES 9'32'7 . · · 2 FIGHT '),J3D . · · 1 --·IE I GHBOR DISPUTE 9933 . · · 2 DRIVING COMPL.AINT A5351 . · · 3 ASSAULT A5352 . r¡ ASS(iUL T · · c_ · A5,4:'55 . · · 1. r::¡SS(iUL T E47"72 . · · 1 FLEEING A POLICE OFFICER-MOTOR VEHICLE POLICE DEPARTMENT , BRADLEY J. LINDGREN, CHIEF OF POLICE , BOX 268. 25 N.W. 1ST AVENUE ST. JOSEPH. MINNESOTA 56374 . E.OUCÁTJO!'I.I,l œJ;T"ER OF CVíTR.1L ~-":£s.oTA. (612) 363·8250 EMERGENCY 911 Wed 0E..-08-?L¡ St. Joseph Police DepaTtment T i ow : ß: 2E. an) CTime SummaTY RepoTt - UOC 1=' ¿:.. 9 (? ; :.5 Monthly RepoTt FOT May :I. '3'3 L¡ SBN : I~ll Print ALL U 0 C codes P'I~ i nt AI_L I ~~Ns Print ALL LGN Codes U 0 C Tot~'l U 0 C L i te'l'a 1 TT'ans 1 ~' t i on ------ ----- -----------------------------.-------------.-.-------.--.-. J;~~S01 · · · 1 GF\DS3 D.U. I. J"3~:~0i " · " "-} D.U.I. -- nLCOHOL 1'1410-4 · · · ;:~ß UNDER AGE POSSES I ON/CONSUMPT I ON t'153~,Ø · · · 2 ¡:;:Ut"~4WrY( JU\,'EtH LE . ¡--13Ø.3Ø · " ;-, -4 .0 I i:::C: I;: .0 r:: I;: L Y :: 0¡--4 D 1..\ C T 1'13Ø33 · · · 1 ]) I:)T UF:I< I NC ¡:'E ::"=1[[ / ç:'F: I \)(4C Y 1>130/3 · · · 1 DISTURBING PEACE I PRIVACY 1'4 3 1 '30 · · · 1 H¡::1RASSH() PHOI'4E CALU; P1110 · · · 1 DAMAGE TO PROPERfY P :1.1 1 '::J · · · 1 DAMAGE TO PROPERTY P211'J · · · 1 DAMAGE TO PROPERTY P21.f¡3 · · · 1 DAMAGE TO PROPERTY P3110 · · · 1 DAI'íî:::¡GI:: TO ¡:'I;:OPI::I:;;TY . P3:!.:!.':i · · · E.. DAMAGE TO PROPERTY , POLICE DEPARTMENT · , . '- BRADLEY J. LINDGREN, CHIEF OF POLICE , BOX 268, 25 N.W. 1ST A VENUE ~ ST. JOSEPH ST. JOSEPH, MINNESOTA 56374 TIONAl CENTER OF CEHT1UL .IIIHHESOTA (612) 363-8250 EMERGENCY 911 Wed Ø6-0B-94 St. Joseph Police Depa~tment Time: B : 26 ~~m C~ime SummaTY Repo~t - UOC Page: (-:, Monthly Repo~t Fo~ May 1994 S:8N : All P~int ALL U 0 C codes P'I~i nt: r::jLL ISNs PTint ALL LGN Codes U 0 C T cd'; a 1 U 0 C LiteTal T~anslation ------- ------ -----------------------------------------------..----..--- P313(1 . · · 1 DAMAGE TO PROPERTY T4ØS':;! . · · ~S THEFT T40'3'.1 . · · 1 THEFT OF !J¡::¡S · T41~'.ì9 . · · 1 THEFT T70;.~'3 . · · 1 THEFT T8161 . · · 1 THEFT T:802'3 . · · 1 THEFT TC029 . · · 1 THEFT TF0(.~') . · · 1 THEFT U04'J7 . · · 1 THEFT FŒUHED U30i.~B . · · 1 WO¡:::THLESS CHECI<B V1012 . · · 1 VEHICLE THEFT RELATED · !)ß0ßi,~ . · · 2 ILLEGAL TAMPERING WITH A MOTOR VEHICLE X2200 . · · 1 GIVE FALSE NAME TO POLICE OFFICER POLICE DEPARTMENT BRADLEY J. LINDGREN. CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 · EOIX.l.T1O!O.l C-E-"ITE.!:l Of CL1oiT"R.l..l. W~ESOU (612) 363·8250 EMERGENCY 911 Wed 06-08-9A St. Joseph Police Department Time: 8:2(, a.m Crime Summary Report - UOC Paqe:: ¡ 1'1onth 1 y Rc~ PO'i't F 0"1' M¿\j 199A Srq·,\ ~ r:'¡ 11 f.:<-¡'i nt: f4LL U CJ C codes, P-r-int nLL ISi'h Print ALL LGN Codes U () C Total U 0 C Lit: (': '," ct 1 T 'I~ 2\ n ~, 1 ~'I tiC) n -- - - -- - ----- -------------------------______0______------------ X3250 . . . 1 VIOLATION OF ORDER FOR PROTECTION :1:.;1.<1.' (.\(3EI'ICY cl~~m-m TDHH.: ;:~~:A · · . POLICE DEPARTMENT , · . BRADLEY J. LINDGREN, CHIEF OF POLICE ... , BOX 268, 25 N.W. 1ST A VENUE · ST, JOSEPH r" ST. JOSEPH, MINNESOTA 56374 AI. cdó.fr~..7HÑEib*l St œl2)ciJ{)a..~O Po :ßM·:5ROI>~£¥i:Wa.nt Time~ t3: Af! ëlm Citation Location Summa~y - Com Code/UOC Page: 1 Monthly Repo~t fo~ May 1994 Com Code : All P~int ALL U 0 C codes Including Juv. Wate~/T~affic Records Com Code LI 0 C Totëd U 0 C L1 teT'ëd T~ël nsl ël i;: :i, C)'n ..--.-- -------.- ..-.....---- ------.---------.--.---..--...-.----.--.---------.--..-..--.--- 90[16 1 lï:;;¡-:¡FF I eLl GI-ITS ':HH2 1 OPE!>I BOTTLE '3014 ~~ß SPEED HiCi i303I-:J 1 BTOP BIGH '303::; 1 pn!~:K I ¡-~G · 9[1/9 1 EXPIRED REGIBTRATION 9~~O 1 1 NO PROOF OF INSURANCE IN VEHICLE 9204 1 FAILURE TO TRANSFER TITLE 9 j:~ ~~ é~ b ILLEGAL USE OF DRIVERS LICENSE 9224 1 REVOKED, CANCELLED OR SUSPENDED D.L. 927-4 'j MORE THAN ONE KEG ,- 9286 1 UNREASONABLE ACCELERATION OR BRAKING r,5~351 \:5 i4SSI-=iUL T ?)::'i~¡52 r¡ f4SB¡::¡UL T ,- J;:~501 1 GROSS D.LI.I. J3501 c' D. U. 1- - ~¡LCOHOL ~¡ 1'1-<H 04 3Ø UNDER AGE POSSES I ON/CONSUMPT ION · 1',13[130 .It DISORDERLY CONDUCT 1'-13033 1 DISTURBING PEACE / PRIVACY 1'-1307 ~5 1 DISTURBING PEACE / PRIVACY VßØ8;:~ ':J ILLEGAL TAMPERING WITH A MOTOR VEHICLE ,- X;:?é200 1 GIVE FALBE NAME TO POLICE OFFICER POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE , . . BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 8:.it2. S t Wl2)d36æ~O 1=' 0 El\lEROE~£?{~<l n t Time: Citation Location Summa~y - Com Code/UOC Page~ '::. M 0 nth 1 y R e po 'r t fo'r May 1 r:;J '3 .it Com Code : All P~int ALL U 0 C codes Including Juv. Wate~/TTaffic Records Corn Coele U 0 C Total U 0 C L.ite~al T 'I~ ¿I n 0:,. J. c" t ion - .- ~- - -..-......-.- - - .- ~- .- .------------------.------.--------------------.---.--.-- ...continued )(3030 1 OBSTRUCT LEGAL AF<FŒST :;( ;3 ;.~ ~5 ø 1 \,JIOLi:'¡TIOH elF D¡:;:DER ¡=-IJI~: ::' G: [I T ~-= C T I D j~ Totc"l . . . . 131 Cit.:\tio"¡·¡: '38 itJ ¿I T "¡'¡ i n~! ;; 0 PARKING ~) ...;;. .;~. .1.- .:~ :-(. .:.(. :': )(. :... .:<1.: .if: .:... .:" ·)i; ·)1; ;¡i; .)1; 11: if; ß: .:<!: '* * ;0; '* .)1, )i; ::-i: * * :;;; ~~ it- 1t ~i; * '* :~; .:'~. ~(. ¡HI: G¡:;:r\ND TDTI:4L . . . . 131 Citë\ti\)n~ '38 W¿IT'ning" 0 PARKING ...:; .j . . ~~,"~: ~ 1 -,- - ;--." , i , ii ,:,:~.~94 MCPA Spring Training Institute ~ ;;:"Heroes from North St. " \ ! J t '1 ¡ ¡ ~ ~1 North St. Paul Officer Scott K. Swensen (right) thanked the Spring Institute assembly after being named 1993 MCPA Officer of the Year along with North St. Paul Sergeant Marvin J. Meduna (second from right). Also pictured are North St. Paul Mayor William T. Sandberg who accepted the department's award, North St. Paul Chief Dan Scott and Governor Arne Carlson. , Two officers from the North St. The conference program began Most of Diversity, Leadership in a ~.I Paul Police Department were named on Monday, March 12, with a discus- Time of Change, and Legal Aspects '.'¡ 1993 MCPA Officers of the Year for sion of the police officer bill of rights of Police Discipline/Federal Perspec- ~! , . their heroic actions on March 27,1993. by Marylee Abrams, Law Enforce- tive. The day ended with a facilitated _:.:1 ~-: Sergeant Marvin J. Meduna and Of- ment Labor Services, and Pamela dialogue about the future directions .' ". ficer Scott K. Swensen received their Galanter, Frank Madden & Associ- of law enforcement in Minnesota. awards from Governor Arne Carlson ates, and moderated by Mound Po- Guests on the panel included DPS during the 1994 MCPA Spring Train- lice Chief Len Harrell. Commissioner Michael Jordan,POST ing Institute at the Radisson Hotel Following the conference call to Director Ray Cummings, St. Paul South in Bloomington March 21-24. order on Tuesday, March 22, confer- Police Chief Bill Finney and Minne- The award presentations climaxed ees listened to a talk about serial apolis Police Chief John Lame. Mter- . it very successful four-day conference, killers by keynote speaker, Robert ward, conferees were invited to a celebrating the 40th anniversary of K. Ressler. An author and director of reception hosted by the vendors. the Minnesota Chiefs of Po lice As so- Forensic Behavioral Services,Ressler Skill session topics on Wednesday ciation. Under the direction of con- is an expert in the area of violent included Computer Crime, Civil Suit ,encePlanner ARDELManagement criminal offenders, particularly in the Damage Control, Supreme Court De- mpany, registered attendance at area of serial and sexual homicide. cisions/Criminal Legislation Update! e 1994 Spring Institute was 330, Also on Tuesday, attendees chose New Concepts in Police Video Train- and the number of vendors increased from among four skill sessions. ing, and Legal Aspects of Police Disci- to 63, some 15 to 20 more than aver- Topics included Enhancing Your plineIMinnesota Perspective. The day age from past MCPA conferences. Department's Image, Making the ended with a discussion about new 4/MINNESOTA POLICE CHIEF . . Paul . directions for MCPA/MCPEF and the association business meeting. The con- ference banquet and award presenta- tions were held Wednesday evening. Award Recipients ,l/¡ Presentation of the 1993 MCPA Officers of the Year awards to Ser- geant Marvin J. Meduna and Officer / ./1.4 Scott K. Swensen highlighted the Keynote speaker Robert K. Ressler (right) entertained questions awards presentations on Wednesday after his talk about investigating violent crimes and serial killers. night. Officers who received MCPA Honorable Mention Awards include: after he arrived, a small vehicle drove and one bird shot) hit the windshield Officer Dennis M, Henriksen, Wadena through the parking lot. The driver of the squad. One of the slugs strock Police Department; Corporal David must have spotted the police vehicle Sergeant Meduna in the right hand. 0 N, Prois, Fridley Police Department; and began accelerating. Sergeant The subject then got back into his ~ t Officer Archie D. Smith, St, Paul Meduna tried to stop it by using his car and drove away. I Police Department; Officer Archie vehicle's red lights and siren. The driver Sergeant Meduna told the .! R. Langdon, Rochester Police De- refused to pull over. Maplewood Police dispatcher that he partment; Chief Joseph Kaupla, The pursuit continued through the was wounde'd and that the subject Plainview Police Department; Officer senior citizen complex on Cottage had a shotgun. Sergeant Meduna knew Arlan Lee Schermerhorn, Waite Park Drive. There, the vehicle stopped and this person was a threat to citizens Police Department; Officer Thomas the driver exited with a shotgun. He and he continued to pursue the sub- Lowell Schlieman, St. Cloud Police fired four rounds (two slugs and two ject, even after he had been shot and Department; and Officer MarkJames bird shot) at Sergeant Meduna's ve- wounded. Other North St. Paul and Moline, St. Cloud Police Department. hicle, At least three rounds (two slugs surrounding area police vehicles were Following are the descriptions of events that led to the above officers' award nominations: Sergeant MarvinJ. Meduna and Officer Scott K. Swensen, North St. Paul Police Department. On Satur- day morning, March 27, 1993, Ser- geant Meduna and Officer Swensen . were shot and wounded by a distraught person who had made up his mind to ¡, take some one's life. Earlier that morn- f ing, officers were called to the Cedar Heights Apartment Complex because -=:r't of a threat against a citizen's life. Of- ficersspokewith this subject and warned him not to come to North St. Paul or he would be arrested. Later, the female victim later called and stated' that she felt her ex-boy- friend was on his way over to kill her, . Sergeant Meduna drove to the Cedar Heights Apartment Complex and waited in the parking lot, Not long JUNE 1994/5 .- -~ ~ .~ i ,..~<!~_. . . ( , - - ries he received on March 27, 1993. On May 17, 1993, the North St. .5't Paul City Council presented plaques ~'. to the two officers for their dedication to duty, and to show appreciation for "'~. actions above and beyond the call of ~ duty. On November 13, 1993, both of- ~. ficers were recognized by members of -. the Veterans of Foreign Wars for their bravery and sacrifice. These officers received certificates and a standing ovation from the participants. Officer Dennis M. Henriksen, Wadena Police Department. On De- cember 12, 1993, at 4:00 p.m., Of- ficer Dennis Henriksen of the Wadena Police Department responded to a bur- glary at St. John's Lutheran Church. Once inside the church, Officer Henriksen was met by the pastor and his wife, who had found a 25- Chiefs participated in a dialogue about the future directions of law year-old male going through draw- enforcement in Minnesota with panel guests St. Paul Police Chief Bill ers in the church office. Finney, Minneapolis Police Chief John Laux, North St. Paul Police Officer Henriksen was going to Chief Dan Scott, facilitator Jan Smaby, DPS Commissioner Michael search the male when the male turned Jordan and POST Director Ray Cummings. around with a knife in his hand and . stabbed Officer Henriksen in the right responding to Sergeant Meduna's aid. went in front of the next apartment jaw bone. Officer Henriksen drew At this point, Officér Swensen took building to the east and took his own his gun and the male dropped the over as the lead vehicle in the pur- life with his shotgun. knife and said, "Shoot me." He then , suit, since Sergeant Meduna was Both officers were transported to started to run out of the church. having a difficult time continuing St. Paul Ramsey Hospital. Officer Officer Henriksen fought with the the pursuit because of his injury. At Swensen was treated and released, male and finally subdued him. He Ariel Street and Highway 36, Officer and has returned to full duty. Ser- then called for a back-up and an Swensen forced the subject's car off geant Meduna underwent surgery. ambulance for himself. He also radi- the roadway. While Officer Swensen On October 29, 1993, Sergeant Meduna oed other officers that a second male was exiting his vehicle, he saw that retired from the North St. Paul Po- in a pickup had left the area. The the subject inside his vehicle had lice Department because ofthe inju- second male was also apprehended turned and pointed the shotgun to- ward the police vehicle. The subject fired his shotgun through his back window. Approximately six pellets struck the back of Officer Swensen's left leg while he was taking cover. Officer Swensen was able to crawl to the passenger side of his police ve- -) hide and get out to take cover. ~ Apparently, the subject had fled his vehicle after shooting Officer Swensen. It is believed the subject " ran or walked to his girlfriend's apart- ~ "' ment, which was about a half block 1" 0:.. o~ away from his vehicle, and fired two i . shotgun rounds through two win- it j. dows of her ground-level apartment. The girlfriend and two small chil- dren were inside; however, no one was injured. After this, the subject St. Paul Police Chief Bill Finney and Minneapolis Police Chief John Laux 6/MINNESOTA POLICE CHIEF Institute . by a DNR officer. Officer Henriksen was commended - for resolving a potentially deadly situation, - Corporal David N. ProÎB, Fridley Police Department, Corporal Prois is a 12-year veteran of the Fridley Police Department. He has a history of being an excellent street officer, An opportu- nity for Corporal Prois to exhibit his ability to perfonn under pressure oc· curred onAugust 15, 1993 at 5: 12 a,m. Fridley Police received a call of a man holding a female at knife-point in an apartment building. Officers arrived to find an adult male holding a large knife across the throat of a juvenile female, threatening to kill her, The suspect was braced to slit the victim's throat and was making demands for a car and money. Corporal Prois evaluated the situa- tion and made the difficult decision that deadly force was not necessary, even though the opportunity was avail- able. Corporal Prois personally nego· tiated for more than an hour with the suspect. The suspect was in a highly Outgoing MCPAPresident Dan Scott talked bUSin~88 between sessions. emotional state much of the time and . began to count down several times, threatening to kill the victim. Corpo- returned to safety. Fighting exhaus- of the vehicle in flames and burning ral Prois eventually convinced the sub- tion, he continued his attempts to toward the passenger's compartment. ject to put down the knife and surrender locate the third child until relieved The driver's side door, the roof and without harming the victim. by firefighters who brought a boat to the steering column were crushed This incident is an example of the the scene. Unfortunately that child inward onto the driver. type of service that Corporal Prois did not survive, although the other Officer Langdon, his son and two has provided to the citizens of Fridley two recovered completely. other civilians attempted to remove for many years. Officer Smith's courageous reo the man from the burning wreck. Officer ArchieD.Smith.St.Paul sponse to this situation resulted in They tried entering the vehicle by Police Department. Archie Smith, a his receiving the department's high- reaching through the smashed driver's 23-year veteran of the St. Paul Police est honor, the Medal of Valor, at an window, in spite of the smoke and Department, exemplifies the very best award luncheon on November 9,1993. flames from the engine compartment. of St. Paul's officers and demon- Officer Archie R. Langdon Sr., That being unsuccessful, Officer strated that during 1993. Rochester Police Department; Chief Langdon again entered the vehicle On August 1B, while off duty and Joseph Kaupa, Plainuiew Police and pushed the roofup off the victim's at home, Officer Smith heard screams Department. In the afternoon of Au- head and shoulders. Others formed a coming from the area of a pond near gust 2B, 1993, a man and his wife bucket brigade from the nearby farm his home. He ran to the pond and were involved in a traffic accident residence in an attempt to douse or found several Hmong children point- that resulted in the man being trapped at least control the flames. .~ ing to the pond and telling Smith in the vehicle. This occurred in north- Later, tools were obtained and that three children had wandered eastern Olmstead County. Plainview Officer Langdon made an unsuccess- into the deep water of the pond. He Chief Joseph Kaupa monitored the ful attempt to pry the driver's door immediately went into the pond, found radio call and volunteered to assist off the vehicle. He then hack-sawed one of the children and returned him at the scene. the door hinges and was able to pull to safety. After ascertaining that the Off-duty Rochester Police Officer the door out a short distance and first child was safe, he returned to Archie Langdon Sr. and his lB-year- give some relief to the driver, . the pond and dove to locate the sec- old son happened on the scene shortly Chief Joe Kaupa and Officer Eric ond child, who he found and also after it occurred. They found the front Passe responded from nearby JUNE 1994/7 .---- --=-"''-' " t :i Institute j! , . . ,: t rl one block wide and four blocks long. ¡~ I' II . The area was densely overgrown with lì weeds, brush and trees and surrounded ¡r by residential housing. II The area was surrounded and Of- 'I! ficer Schlieman of the St. Cloud SERT II Team, along with Waite Park Canine It Officer Schermerhorn andToby, were called to the scene. It Officers Schlieman, Moline and If Schermerhorn and Toby began the Il search for the armed suspect in black- II out conditions having also to con- tend with high temperatures,humidity II and mosquitoes. The suspect was flushed and led the officers on a foot pursuit into a J. parking lot of a school bus garage. It He turned and fired on the officers, r who returned fire and wounded the suspect. The suspect then fled into I the residential neighborhood. I I The officers regrouped and con- ducted a dangerous and painstaking search of the next two and a half Retiring Hennepin County Sheriff Don Omodt talked with MCPA residential blocks. The suspect was Executive Director Lloyd Rivers. located hiding in some bushes and when ordered to surrender, fired on Plainview. Officer Langdon, now ac- July 23,1993, Officer Moline observed the officers a second time. The offic- t . companied by Chief Kaupa, re-en- a stolen vehicle being operated in St. ers returned fire, killing the suspect. { tered the vehicle and used the Cloud. After a brief pursuit, the sus- On December 13, Officers Plainview oxygen equipment to pro- pect abandoned the stolen vehicle Schermerhorn,Schlieman and Moline f, tect the trapped driver from the nox- and fled on foot, armed with a 12- were awarded the St. Cloud Police f ious fumes produced by the fire. In gauge shotgun. Department Medal of Valor and cer- doing this, they both exposed them- The suspect fled into an aban- tificates of commendation for their selves to the dangers experienced by doned granite storage area, an area performance during this incident. the trapped driver. By this time, the heat was burn- ing the driver's feet. Those in the bucket brigade then turned their at- tention to this threat by pouring water on the man's feet and legs. According to ChiefKaupa, the fire at this point was very hot and intense. The driver was freed upon the arrival of the Elgin Fire and Rescue Department, whose crew cut away the roof and parts of the car. Officer Langdon and ChiefKaupa clearly placed their health and wel- fare in jeopardy and evidenced con- cern for the sanctity of hum an life in this lifesaving effort. Officer ArlanLee Schermerhorn ¡ andCanineToby, Waite Pa,k Poli" i i - Department,and Officer Thomas /;"ð'" ~ ' ''''1' ""'1' to Lowell Schlieman and Officer .'l\,~~ -{_. . '\ . .-;''Y~, Mark James Moline, St. Cloud Po- Patches and pins. There were almost 20 more vendors registered for lice Department. On the evening of this year's Spring Institute than in past years. JUNE 1994/9 .-_':'__..ÍI.. , . ~"'" """'........... ,..--- .--...........-- --- - ,-...-- . ie Thursday/May 1911994/Star Tribune Around Minnesota ¡' 1 i ~tate Patrol supervisors file lawsuit, seek E s, tJrne-and-a-half pay for overtime hours i A Fifty-three State Patrol supervisors ages might go, but it's very, very tJi have sued the state of Minnesota, high," said Ann Walther, a lawyer d saYing they've improperly been de- for the supervisors."We're talking t\ nied hundreds of thousands of dol- in six figures, for certain." r.J ~ in overtime pay. The suit also says that the supervi- ~ The suit was filed in U.S. District sors are required to remain on call S'; Court in Minneapolis by the Min- and available to respond to emer- " p( uta State Patrol Supervisors Or- gencies during their daily lunch a;:'( ganization and by 53 lieutenants, breaks. Walther said most police B: ~J:~ns and majors, officers' eight-hour day includes a lunch break, but the patrol requires lu; The' organization sued the state in an 81¡7.hour day. w( Ramsey County District Court last month on a related work-ruleß is- Steve Gunn, an assistant attorney Se sue. general, said the state's position is ~ that the supervisors are S(Xailed The federal suit says the state has "exempt" employees not covered 'Tf . insisted on paying the supervisors by the Fair Labor Standards Act's on a straight-time basis for work- provision for time-and-a-half over- e days that exceed eight hours. That time pay. Gunn said the supervi. } violateß the federal Fair Labor Stan· sors have tried unsuccessfully in the dards Act, the suit says. past ,to persu,ade the Legislature to J reqU1I'e overume pay. I "It's hard to say how high the dam- e . -. -- - ....-. ~..- .... Å . ~.. "-" - -. . ,. . " , . A d v t e , 0 c a - .~.~ - - ""...." - ~ Use of Compensatory lime . The employee must get Compensatory n..e time off at time and ane- progr...s in Ueu of Overtime - half for all hours over 40 The true compensatOry What Private and Public worked in a week; and, time programs-which, as noted . The employee must take above, OIÙy public agencies Employers Should Know Ù1e compensatory time may use--offer more flexibility by Eric L. Leonard off during the same pay pe- than time-off plans. Public riod in which it was agencies may grant compensa- Granting compensatory aamed. tory time off at a rate not less than one-and-one-half hours for time in lieu of over- As an example, an em- each hour of employment for " time is not something new, ployee wiÙ1 a biweekly pay which overtime compensation but the practice is not well un- period can work 50 hours in would typically be required. the first week and take 15 Public agencies are defined as a derstood. There are limita- hours off (work omy 25 state, a political subdivision of a tions on the use of 'hours) in Ù1e second week of state, or an interstate govern- Ù1e pay period wiÙ10ut any mental agency. compensatory time which de- There are limitations. A overtime pay. However, if public agency can provide com- pend on whether the emPloyer Ù1e employee works 50 hours pensatory time pursuant omy is public or private. And any to applicable provisions of a col- emPloyer not in comPliance lective bargaining agreement, with state and federal hour or where no union repre- sentation exists, pursuant to an . and wage laws may be penal- agreement or understanding be- . ~-- iud. .~~;~eemp~~~~ All employers subject to fed- There are also limitations . .. ;"-',; eral wage and hour laws must on how many hours of compen- pay overtime compensation to satory time can be accrued. An non-exempt employees for all employee can accrue olÙY 240 " hours worked over 40 in a week. hours of compensatory time for Overtime compensation must hours worked after April 15, be paid at a rate not less than in Ù1e second week of Ù1e 1986. Overtime hours worked one-and-one-half times the em- pay period, Ù1e overtime pre- beyond 240 require payment of ployee's regular rate. mium must be paid. overtime compensation. How- In reaction to Ù1e overtime Given Ù1ese limitations, ever, certain employees in- laws, many employers offer non- time-otT plans can be difficult volved in public safety activity, exempt employees compensa- to administer. As a result, emergency response activity, or tory time-off in lieu of overtime Ù1ey are rarely used. Further- seasonal activity (public safety pay. Under the federal wage more, Ù1e State of Minnesota employees) may accrue up to " . and hour laws, public agencies, Departtnent of Labor does 480 hours of compensatory but ?Wt private employers, are per- not recognize the use of time- time. Since compensatory rime mitted to grant compensatory off plans. Therefore, a pri- is calculated at one-and-one-half time. However, the federal De- vate employer in Minnesota hours for each hour of over- parttnent of Labor does allow is still required under state time worked, under normal dr- Ù1e use of "time-off plans" by law to pay an overtime pre- cumstances overtime must be ;!-'.~.~~-~-~~ >-II;il., .~ private employers. mium for hours worked be- paid for all accrued overtime yond 48 in a week. (Minne- that exceeds 160 hours (240 . ~- . TIIIIe-Ðn Plans sota law requires payment hours of accrued compensatory - h . . TIme-off plans can be used for overtime after 48 hours úme), and 320 hours for public " ." by private employers if Ù1e fol- in a week as compared to the safety employees (480 hours of . lowing conditions are met: federal law 40 hour per week accrued compensatory time). :'-'~-'-.' threshold. ) (Compensatory continufJd on page 5) ",V BRIGGS AND MORGAN, P.A. . 4 <. . . - - . Attorneys at Law .:,- ......to:~':...... A d v 0 c a l e , - " - (Compensatory continued from page 4) ices, and 4) the availability of quired to make payment for ac- A collective bargaining qualified substitute staff. erned compensatory time at a agreement. or other agree- What constitutes a "rea- rate higher than the employee's ment between the employer sonable period" can be de- rate at the time the compensa- and employees regarding com- fmed within the collective tory time was earned. pensatory time, can set accrual bargaining agreement or limits lower than the 240 and other agreement between the State Law 480 limits set by federal law. employer and employees re- Uke its federal counterpart. However, any clause in a coHee- garding the compensatory Minnesota wage and hour laws tive bargaining agreement or time program. For an em- do not allow the use of compen- other aweement between tÌiè" ployer to deny a request for satory time by private employ- public aŒençy and Its employ- compensatory time-off, the ers, but do allow use of ees. whereby an emPlov~e employer must show that hon- compensatory time by the State loses ãrr accrue~ compensato~ oring such request wOlÙd be of !vfinnesota or a political subdi- ,IDne not used v....a certam date "unduly disruptive~ to the VISIOn. ~ year rmoes not com1;l!Y agency's operations. Mere in- '": ¡eaeral wage and hnm convenience to the public Conclusion ta . agency is not sufficient to Many private and public em- -- deny a request for compensa- ployers are unaware of the limita- Request to Use COlllpensa- tory time-off. tions on the use of compen- tory Till1e Within a satory time that exist under both Reasonable Period Overtime Compensation federal and state law. However, An employee has the right Owed Upon Tel'1l1lnatlon for those public employers that to use compensatory time If employment is tenni- meet the definition of a public within a reasonable period af· nated, the employee must be agency, a compensatory time sys- ". ter making a request, as long paid for unused compensa- tern can be created if the statu- --e as the use of the time does not tory time earned at a rate of tory and regulatory require- undlÙY disrupt the operations compensation not less than, ments are followed. Pt:nalties- of the agency. Whether a re- I) the average regular rate re- as well as back pay for overtime- quest to use compensatory ceived by such employee dur- may be imposed if an employer tune has been granted within a ing the last three years of the has a compensatory time-off pro- "reasonable period" is deter- employee's employment, or gram that fails to comply willi mined by considering the work 2) the fmal regular rate re- the wage and hour laws. The al- practices of the agency, includ- ceived by such employee, ternative is to not use compensa- ing: 1) the nonnal schedlÙe of whichever is higher. tory time-off at all work, 2) anticipated peak work- Therefore, if payment for Public employers who want loads based on past experi- accrued compensatory time- t? implement a compensatory ence, 3) emergency off becomes necessary, the tune system, or need to ensure requirements for staff and se!>'- employer will likely be re- the system in place is in compli- ance, ShOlÙd COnslÙt with their Ie- (Harassment continued from page 3) gal representative to avoid the pi tfalls and liability that can . The EE~ is currently reviewing the many comments it re- come with an improperly imple- celv~d regard~g these proposed regulations. The agency has mented compensatory time pro- declmed to estunate when the fInal regulations will be publish- gram. . ed. Nonetheless, employers can take action now to prevent har- Eric Leonard, 223- as~ent fr?ffi <?C~curing in the workplace. Employers should '.~~ reVIew therr eXlSUllg handbooks, manuals, or other policy sources 6531, is a mem- to detennine whether updating is necessary. ber of the Labor and Employment . Any ~effib.er of our iÄbor and Employment l..d.w team can Section. He prac- assISt you m this process. We also conduct work force training /ices in civil on harass~ent and other issues. A variety of options are avail- !iügaüon, conC8f1- able rangmg from one-hour to all-day sessions. Please let us trating in labor . ¡I know how we can help you. . and employment law, 5 BRIGGS AND MORGAN, P.A. . Attorneys at Law POLICE DEPARTMENT : , . BRADLEY J. LINDGREN, CHIEF OF POLICE -' BOX 268,25 N.W. 1ST AVENUE ~ ST. JOSEPH, MINNESOTA 56374 -"T1OHAl œHTER OF CfHTRAL MINNESOTA (612) 363-8250 EMERGENCY 911 - Df:Yf E : JUHE 16,.< :t 1')1)4 TO~ THE ST. JOSEPH CITY COUHCIL FF<Oì"'" : CH I I::F L I I-'¡DGF~Eì'""1 :3LJBJECT: CRIMINAL CONVECTIOH OF DALE SCHNEIDER DEAR COUNCIL MEMBERS, PLEASE FIND ENCLOSED A COpy OF A LETTER FROM THE COUNTY ATTORNEY'S OFFICE RELATIVE TO A PLEA OF GUILfV FOR A CRIMINAL CONVECTION OF DALE SCHNEIDER FOR ILLEGAL SALE OF ALCOHOL. ALSO ENCLOSED IS A COpy OF JOHN SCHERER'S LETTER RELATIVE TO THE ABOVE. - THIS INCIDENT TOOK PLACE DURING THE TIME OF THE OTHER INCIDENTS AT SAL'S BAR, BUT DUE TO DATA PRACTICES RELATIVE TO ~/ OUR INVESTIGATION, SUBMISSION TO COUNTY ATTORNEY FOR A CRIMINAL COMPLAINT, AND ADJUDICATION, WE WERE UNABLE TO DISCLOSE THIS AT THE PUBLIC HEARING. I OFFER IT NOW FOR YOUR INFORMATION AND CONSIDERATION. EIHCEF<ELY ~ ~ ~ BI;:r::1DLEY J. L I ¡·'¡D GF: El·'1 CHIEF OF POLICE .- ~ ~ v .- RAJKOWSKI H A ~ 5 :VI E I E R LTD. - Attorrte!!s ,it L¡1¡:U Reply to: st. Cloud ST. CLOCD June 2 , 1994 :15-evenrh .-\.venue >"¡orth 2.0. 30x :-;33 St. Couci. \1~ ':6302-1·ß3 Ms. Rachel Stapleton -ji:'251'i055 st. Joseph City Clerk ~OO'45'ù6i7 City Hall ::.~X 61::'231 -5596 P.O. Box 663 st. Joseph, MN 56374 \-1¡:-;:-;EAPOLIS RE: State of Minnesota vs. :.?;).¡ ~}:n;:¡ \:;¡ Dale Albert Schneider -.;.5 3'~1ut;1 ::-evemh ~tree: Court File No. K9-94-691 \lir::1.ea~o¡ij. \1:\ 35"¡O:>~6::0 Our File No. 16,395 ::JÌ2' 339 '':'2(1b Dear Rachel: ~OO'+-:'3'~6iï ~.:..x ;;¡2'251'539ry Enclosed hereT,.¡i th, please find a copy of a letter received from the County Attorney's office regarding - the disposi-cion of the criminal charges against Dale Schneider. I thought that the City Council may have ,~ some interest in this information. Since the charge F.-::-....:.....T.. r. :?.-1rgC'.·/~':':1 . occurred before the suspension of the liquor license, I Cc.~C:).\; H. .:'¡.':"SS.'.1E!E:R. do not believe the subsequent conviction should be ¡:;{ECE.:;'!C,;~ L. C.~:U::.;~E considered as a breach of the condition of the State T,:-:"O.'.f.-iS G. [O\'.J..\'OV¡C-¡ license suspension. jon.\' H. SCHERER truly P.-WL A. RAIKOW5K! Very yours, Kõ\'/.'; F. GRAY RAJKOWSKI HANSMEIER LTD. WILLI.';''.I/' C..;SH.',fA" DA '.'lD T. SHA Y R:C-i.':"RC ~v. 50BAU"...iRRO .V!IGi.'£l C. ;<ArKOIVSKi JHSjkkd /.'_'.1£5 H. KõLLY, .'.1.0., F.A.C.P. Enclosure \fED:c...1"l Ca~SL:L¡A~T 1:\gen\16395\af060294.011 WRCO:'\" H. HA:\S:\1EIER is AO~1fTIED TO PRAC-:cë ;~ ;":CRíH DAKOTA A~D \VI5CŒ';SIS'. PAL:L A. RAJKm\S¡":II:-.' \VI.SCOS'SL\ .-'u~D WILlrA.\1 J. C.-1SH\1AS l~ SaUTII DAKOTA. -- ~ ~E.""BER OF A...ME...~ICAN BoARD OF TRIAL AOVOCAìES. ---- co U NTY 0 F 8T EA R N 8 Office of County Attorney Administration Center. RM 448 . 705 Courthouse Square . St. 0000. MN ~ (612) 656-3880 FAX (612) 656-669E ROGER s. VAN HEEL LEGAL ASSISTANf ASSISTANT COUNfY ATIORNEYS County Attorney M. Kathleen Amcbcck Will R. Brost Robert J. Calhoun PATRICK T. STROM INVESTIGATORS Richard W. Jackson, Jr. F"1l'St Assistant William C. Winscher - Chief Theresa M. Kehe Acting Chief-Civil/Human Services Division Pamela W. Weber Janelle P. Kendall William S. MacPhail MARY A. YUNKER VIcnM ASSISTANCE COORDINATOR Richard J. May Chief-CriminaJ Division Audrey L. Westergren Dennis A. Plahn May 26, 1994 Jacqueline M. Schuh Samuel Wertheimer, II - 1.. lAW OFFICE SUPERVISOR ~ Gladys E. Breuer Mr. John H. Scherer Attorney at Law 3rd Floor 11 North 7th Avenue - P.O. Box 1433 St. Ooud, MN 56302 -" Re: State of Minnesota vs. Dale Albert Schneider Court File No. K9-94-691 Dear Mr. Scherer: As City Attorney for the City of St. Joseph, I write to advise you of the outcome of the criminal proceedings against Dale Schneider for Sale of Alcoholic Beverages to Persons Under 21 Years of Age as a result of a sale he personally made to an underage college student on Halloween, 1993. Mr. Schneider pled guilty to the offense on May 25, 1994, and was sentenced by Judge Landwehr to a misdemeanor sentence, requiring him to pay the full $700 fine and suspending 30 days jail on the condition that Mr. Schneider have no personal criminal charges or convictions for alcohol related violations for one year from today's date. I spoke with Mike Rajkowski late on May 24, 1994, and also spoke with Chief Brad Lindgren regarding whether it made any difference for purposes of licensing if Schneider was sentenced as a misdemeanor or gross misdemeanor. We were looking at a two to three day jury trial over one year of extra probation which could have been obtained in a gross misdemeanor sentence. Both Mike and Brad assured me that it did not seem to make any .- difference if he was convicted of a misdemeanor or gross misdemeanor and that in fact the City was keeping a very close eye on his business in terms of his license. Schneider's ...... attorney, Gordon Spengler, assured me that Schneider was more concerned about what was happening with his license than he was over the ultimate criminal conviction. #875-2984 Affirmative Action / Equal Opportunity Employer . . ~ . May 26, 1994 Page Two If you have questions, please call. If you become aware of any violations which would trigger revocation of Schneider's suspended sentence on this criminal file, please let me know. ncerely, ~ e e P. Kend JPK/lmk cc: Mike RajkOW~ Chief Brad Un en - - I . , I . . ~ MEMO -. -_..._------_.._....__.._......_...~.._-------- -------------...-..--.--.......-............--...........-----....-.... TO: CITY COUl-'¡CIL FI~OY : JE('~N GUSTU'¡ DATE: 5-2Lf-9A SUBJECT: D" H" I~:" E" ;:;:ECEF:T I F I en T I Dr'! DEAR MAYOR AND CITY C08NCIL MEMBERS~ I HAVE BEEN NOTIFIED BY MINNESOTA D.A.R.E., ING. TH('!'r :0.. ¡:ì.. F<.. E. AMERICA IS REVISING SOME OR ALL OF THE FIFTH GRADE CUF:I~: I CULU¡-'1. IN ORDER FOR CURRENTLY CERTIFIED D.A.R.E. - OFFICERS TO CONTINUE TEACHING THE D.A.R.E. PF:OGf<Ai'i ~ OFF I CE¡:;:~; - ARE REQUIRED TO ATTEND A ONE-DAY RECERTIFICATION COURSE DEALING WITH THESE CHANGES TO THE CURRICULUM. IF AI-,IY OFF I CEF: IS NOT RECERTIFIED BY JANUARY 1, 1 '3 '3 :5 ., THEY (¡JILL NOT BI::: ALLOWED TO TEACH THE D.A.R.E. P¡:<OGF:nM. TENTATIVE DATES HAVE BEEN SET FOR THE TRAINING, E I THEF: 01'1 WEIH'IESDAY, AUGUST 3, 1 '3'31:¡, em THUF:SDÇ1Y, (.:1UGUf>T 1 fl.; l';:¡':¡A. THEI~:E IS 1"·10 TUITIOH FE[':' F'Oi~: THE Ctr.IE--D(IY 1~:I:::C:ERTIFICi::jTIO¡··i Tr~:1::1 I ¡-,I I ¡-',IG. ."'\ -' -. -- I . fYlw Çf).~Øt. 8. News from the Minnesota D.A.R.E. Training Center at the BCA , ... May 20, 1994 ......, -The Confabulator- is the newsletter of the MN D.A.R.E. Training Center at the BCA, which provicks D.A.R.E. training infonnation. Re-Certification Trainin¡: Re-schedu]ed As of May 20, D.A.R.E. re-œrtification training manuals and materials have not been delivered by D.A.R.E. America. Consequently, we must cancel the training dates scheduled before June 10th. A revised schedule has been established. The Minnesota D.A.R.E. Training Center will begin re-certification trainings on June 14. Enclosed is a registration fonn for Minnesota re-certification trainings. Certified D.A.R.E officers may choose any of the listed training sights. Registrants will be accepted on a first come - basis. The possibility ~xists that some trainings will need to be cancelled because training materials have' not been delivered. If such occurs, we will notify registrants of cancellation on - a class by class basis. All re-certification c1assts will be limited to 40 students each. They will begin at 8:00 a.m. and end at 5:00 p.m. TIe training day will consist of overviews of the 14 revised lessons and complete modeling of the 3 new lessons. Tuition - - There will be no tútion costs for the re-certification training classes. Lunch will be provided. Officers attending will be responsible for their own lodging, if necessary. Educators Re-certificatiai training meetings are open to educators. Educators will be much more involved in the new cutriculum, helping D.A.R.E. officers with cooperative learning groups. If you are planning on bringing an educator or educators with you, a letter of request must be sent to the Minnesota D.A.R.E. Training Center at the B.C.A. with your registration materials. . . , , , . - - ~~ D.A.R.E. Re-certification training will occur as follows: 1. Tuesday, June 14 Plymouth Holiday Inn ....-. ...... 2. Tuesday, June 14 Marshall Best Western 3. Thursday, June 16 Rochester Ramada Inn (Minotti t s Rest.) 4. Thursday, June 16 Mankato Holiday Inn Downtown ---- 5: Tuesday, July 19 Metro Sheraton Midway - ~- 6. Wednesday, July 20 Metro Sheraton Midway @ Wednesday, August 3 Fergus Falls Park Inn International 8. Friday, August 5 Metro MN DOT Training Center - 9. Wednesday, August 10 Duluth Edgewater - 10. Thursday, August 11 Willmar Holiday Inn 11. Tuesday, August 16 Bemidji Holiday Inn @ Thursday, August 18 Brainerd Crag¡ns Resort Old Curriculum Manuals - --- --'-- -- ~- -" - - --- -.-- - Revised D.A.R.E. Officer Curriculum manuals, posters, a plastic carrying ease, and a new video will be distributed to registered participants at each of the re-certification tIaining classes. The K-4 section and the Reference sections of the old manuals will need to bt saved and inserted in the new manuals. . ~ 1 - V' RAJKOWSKI HANSMEIER LTD. - Attorneys at Law Reply to: st. Cloud June 9, 1994 ST. CLOUD 11 Seventh Avenue North Ms. Rachel Stapleton st. Joseph City Clerk PO. BoxH33 City Hall St. Cloud, YlN 36302-1433 P . O. Box 668 612·151'1055 st. Joseph, MN 56374 800'445·9617 FAX 612.251.5896 RE: Linnemann Inn Hookup Fees, Rieke Fence Complaint and Nondiscrimination Policy Our File No. 16,395, 16551 MINNEAPOLIS 2904 Plaza VII I Dear Rachel: -l5 South Sl'venth Street I ~'!inneapoli5,~IN55401-1610 When we recently spoke, you suggested that I put I together some specific figures and options which the 612·339·9106 I ci ty Council could approve to resolve the Linnemann Inn 800·445'9617 I hookup issue. To do so, I have reviewed the water use FAX 612.151.5896 I figures from September 1, 1993, through April 31, 1994. __ I (May figures will not be. available ~ntil JU~y,) I . would suspect that May wlll be conslstent wlth the _ eight months previous. Therefore, I believe that we can go ahead and get a fairly accurate estimate of FRA.\iKI. RAIKOWSKI * daily usage based upon eight of the nine school months. GORDON H. H,L\iSMEIER FREDERICKL.GRUNKE Average daily water usage for these eight months is THo.\JAS G. JO\'.\NO\'ICH 1,177.69 gallons per day. In computing hookup charges for commercial or industrial uses, we estimate 500 JOHN H, SCHERER , gallons a day of water use per unlt. Therefore, the P,\ULA.RA/KOIVSKI average daily use for Linnemann Inn during the school KEVINF.GR.W year is equal to two full units plus 177.69 additional WILLIAM I. CASHMAN gallons per day. DAVID T. SHAY RICHARDW.SOBALVARRO It is my understanding that from prior hookup fees paid, Linnemann Inn property has already purchased two },,!lCHAEL c. RA/KOIVSKI sewer use hookups. Therefore, the amount that the use exceeds the current hookup fees is 177.69 gallons per day. The current sewer hookup fee is $800. JAMESH.KELU',M.D.,F.A.C.P. I recommend that the Council select one of several MEDICALCONS\:LTANT options: ;ORDOI:~·HAND"IEIER(sADM:1TvEDTOrRACTlCE 1. The Council could require the Purchase of a full .>; ,'õORTH .o\KOTA A~O v ISCONSIN~ P.mA. RAIKOIVSKIIN WISCONSIN additional hookup fee of $800. A:-':O \V'lllA~t J. CASHMAN IN SoUTH DAKOTA. .-. . MEMSEROF AMERICAN 2. The Council could require the purchase of the pro BOARD OF TRIAL ADVOCATES. rata share of an additional hookup fee based upon - the use during this past year. The hookup fee Ms. Rachel Stapleton __ June 9/ 1994 Page -2- -- attributed to another 177.69 gallons per day is $284.30. The Council could require payment of this amount/ with the understanding that if the use increases further, additional payments will be requested. 3. The Council could recompute these figures once May water use is determined, or recompute taking into consideration summer use as well. I don/t believe there is any need to wait for the May figure since it will be consistent with prior usage. I don/t believe that consideration of summer figures is appropriate since the city has to provide for facilities to handle the peak period (the school year) even if use is less in the summer. The hookup fee exists to help pay for the facilities; specifically/ a space within the st. Cloud system. The College of st. Benedict contributes toward the cost of the project based upon the school month use rather than 12 month use for the same reason. I would recommend that the Council choose one of the first two options at the next meeting. The option calling for payment of $284.30/ with reassessment at a future time if use expands is probably the most equitable under the circumstances. I will communicate the Council's decision to the owners. -- with regard to the Rieke fence complaint, I have asked Rachel to -- verify whether or not the fence has been removed. If not, I will proceed with the civil action as previously directed by the Council. Contrary to what is contained in the City Council Minutes, I have not had any contact with Mr. Rieke/s attorney since early May. I contacted him after the results of the tests were received and after receiving Council direction to proceed with civil action if the fence is not removed. I have not received any response since that time. I also wish to advise you and the Council that a meeting has been set up with Gar Kellum at st. John/s for June 17th to discuss Pinestock and other University sponsored events which impact the city of st. Joseph. Mayor Reber, Chief Lindgren and I will attend this initial meeting with Mr. Kellum. If anyone has any points that they want us to emphasize during this meeting/ contact the Mayor or me prior to the 17th. Finally, I have also reviewed the nondiscrimination policy. It would be my recommendation to reduce the nondiscrimination policy to an ordinance entitled "Employment Nondiscrimination Ordinance". We cannot have a criminal penalty for a policy violation. Since an ordinance is a law, we can then have the criminal penalty available. With the Council/s approval, I will ~ rework the policy into the form of an Ordinance and send it back to the Council for approval. At that time, I will also increase -- V ~ ~ . , . . - - Ms. Rachel Stapleton June 9, 1994 ..... Page -3- the penalty to that of a misdemeanor which carries maximum penalties of a $700 fine and 90 days in jail. A penalty of a lesser amount may be recommended and is generally imposed by a Court. Please let me know if the Council wishes to proceed this way. Very truly yours, RAJKOWSKI HANSMEIER LTD. JHS/baz L:\gen\16395\af060994.011 ----. ..... . V '" - - - - -::;¡ - - - ...: '- ,-."-- -."L:: . ----:: .... - :..~.:- ~ - - - -~ -.... Dear Elected Official: We are writing this letter as concerned fellow City Council Members as a City Member of the League of Minnesota Cities Insurance Trust (L.M.C. I .T.). We are asking for your consideration and support on a matter that has gone on for much too long and has sapped the resources of each of the three involved City Cou~cil Members. We believe, and the Minnesota Court of Appeals agrees that City Council Members should be entitled to reasonable legal defense coverage thru the L.M.C.I.T.. The attorneys for the L.M.C.I.T. disagree and have chosen to add to all parties expense and Appeal to the Minnesota Supreme Court. This action was brought in November of 1991 in regard to . a June emergency discussion to repair a well in the Afton City Park prior to the Fourth of July celebration. The original complaint alleged that the Mayor violated the open meeting law with two Council Members on three separate and unrelated occasions. The complaint asked that the statutory penalty be imposed ($100) and that the Mayor and the two involved Council Members be removed from office. An elected official can be removed from office for three violations of the open meeting law. The courts have found only one unintentional violation and no evidence of any other open meeting law violations. In their defense the three City Council Members have incurred over $60,000 in legal expenses. The Minnesota Court of Appeals ruled on March 8, 1994 that the L.M.C. LT. has a duty to defend and ordered them to do so. L.M.C.I.T. attorneys have chosen to Appeal the charge to the Minnesota Supreme Court. All around Minnesota Communities thought ~n joining the League of Minnesota Cities Insurance Trust they would receive legal defense coverage. The Court of Appeals says they should! In Afton, a single citizens effort to remove a Mayor and two City Council Members from public office has failed. The cost of survivory on their Public Offices is $60,000 to the . involved Council Members. This is the type of event that is extraordinary, beyond budget and one for which cities purchase insurance. At least Afton thought it had purchased such insurance. City of Afto" - 3033 St. Croix Trail So. Box 386,' Alton, MN. 55001 We are enclosing a Resolution that would direct the , League of Minnesota Cities Insurance trust to comply with the Appeals Court decision. We ask that you place this matter on your City Councils agenda at the earliest possible date and . show your support for Afton or your concern for the issue by passing the attached resolution and forwarding a copy to the L.M.C.LT. and the City of Afton. We thank you for your time and consideration on this matter. Respectfully, ~ ~ ~~~~~~ Charlotte Farago Daniel O'Neill Ward 3 Ward 4 Non-Litigants City of Afton . . ~- . . . RESOLUTION 1994-11 CITY OF AFTON WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE LKCIT TO COMPLY WITH THE COURT OF APPEALS DECISION REGARDING AFT ON CITY OFFICIALS WHEREAS, elected City officials from the City of Afton have been in litigation since November, 1991, and WHEREAS, this litigation has- resulted in legal fees of approximately $60,000, and WHEREAS, these fees are the result of defending their right to hold public office as elected officials, and WHEREAS, the District Court states that the defendants did not conspire to meet and the Court of Appeals states that their one violation was "within the reasonable and . lawful performance of public duties" and the violation was "unintentional... an unfortunate misstep--a stumble-- while the appellants went about the performance of legitimate public services", and WHEREAS, there was no personal benefit to these City officials, and WHEREAS, Afton is a member of the LMCIT pool, an insurance trust designed so that cities can help each other during times of unanticipated financial trouble, and WHEREAS, the Court of Appeals has ruled that this pool does offer coverage for defense of these types of minor violations, and WHEREAS, the LMCIT has now begun to offer insurance, at an additional premium to member cities, which specifically covers those situations already determined to be covered by the Court of Appeals decision, and WHEREAS, the LMCIT has appealed this Court of Appeals decision to the Minnesota Supreme Court, and WHEREAS, this appeal will cost the LMCIT and its member cities, . and also the elected officials of Afton, considerable time, resources, and thousands of additional dollars, RESOLUTION 1994-11 PAGE 2 .-. - NOW THEREFORE, BE IT RESOLVED BY THE CITY-COUNCIL OF Afton that it direct the hHCIT to dismiss its appeal to the State Supreme Court, and to reimburse the elected officials from the City of Afton for their legal expenses resulting from litigation originating in November of 1994, BE IT ALSO RESOLVED, that copies of this resolution be sent to LMCIT offices in st. Paul and to the City of Afton. ADOPTED BY THE CITY COUNCIL OF THE CITY OF AFTON THIS 10TH DAY OF MAY, 1994. ~ ~'.DD Daniel O'Neill, Councilmember Acting Chair ATTEST: ~kc ----... -- , . Alex W~kstrom, City Administrator APPROVED AS TO FORM: ~ Thomas J. . ...--"-. . '. . . -' - MßI) Date: June 2, 1994 Fran: Officer Brad Meyer TO: Members of the St. Joseph City Council RE: Street Numbering Qammittee As I stated at the May 24, 1994 Joint meeting, I would be resigning fran the Street Numbering Board if no action was taken to correct incorrect addresses. Therefore, I sul:mi t my resignation fran the Street N\.ITÌ)ering Board effective June 3, 1994. I believe that the changes that were recommended by the Board were in the .- best interest of the residents of the City and Township of St. Joseph. The proposed system has been completed for many months. It is my -- understanding that the City Engineer has also completed the grids to complete the system. During this process new houses are being constructed and given inaccurate addresses, and the College of St. Benedict cannot update their 911 system. In my opinion, these errors where due to the unnecessary delays of the process. Although I appreciate the chance to assist in this project, I find that the continuous delays make it necessary for me to resign fran the Board. However, I believe the project is extremely bnportant and if the project can be irrplaœnted in a timely manner, I would reconsider my resignation. ~7~ ~~. - - ..~- . ,--, . , . . - "'SaJ MEMORANDUM · o ST. PAUL. MN o MINNEAPOLIS, MN ¥'ST. CLOUD, MN o CHIPPEWA FALLS, WI :J MADISON. WI Re: New City/Township Addressing Grid City of St. Joseph/St. Joseph Township SEH No. A-STJOE9401.00 Proposed Changes Northland Addition Change Elm Street to Fir Street Change Fir Street to Gumtree Street Change Gumtree Street to·Hickory Street then Fir to Gumtree would have 600 numbers Gumtree to Hickory would have 700 numbers North of Hickory would have 800 numbers · Industrial Park Area Change Joseph Street to 19th Avenue NE Give County Road 133 a name (Drive, Road, Lane, Boulevard) Change addresses to conform with new grid Change Borgert Drive to Elm Street East (?) 13th A venue SE Cul-de-sac Change addresses to the following: Lot 1 206 Lot 2 212 Lot 3 218 Lot 4 219 Lot 5 213 Cloverdale Estates I'm not sure that changing one of the Dale Streets will accomplish much. They are not parallel, but jog. Going to an "E" Street may mean problems in the future because it doesn't line up. Consider another name beginning with "D" in cases like this. \sljoc\940 1 \oorr\jn-3a, 94 · .. ., . . . . V RAJKOWSKI HANSMEIER LTD. AttorJleys at La<1-' Reply to: st. Cloud May 10, 1994 I ST. CLOUD I Ms. Rachel Stapleton I I st. Joseph City Clerk 11 Seventh Avenue 0!orth City Hall P.O. Box 1433 P.O. Box 668 Sf. Cloud, NIN 56302-1433 st. Joseph, MN 56374 612-251-1055 800-445'9617 RE: Ordinance 25, Planning Commission FAX 612-251-5896 Our File No. 16,397 Dear Rachel: MINNEAPOLIS 2904 Plaza VII Enclosed herewith, please find revised Amendment to -G South Se\'enth Street Ordinance 25 dealing with the Planning Commission_ These revisions were made after discussions with Ken \"lìnneapolis, ~vlN 35-102-1620 Hiemenz. The one issue still remains whether or not ó12-339-9206 there should be six or seven members appointed by the 800--!4S-961ï Council. There are currently seven appointed members. FAX 612-251-5896 There is some logic to dropping to six members since . you. would then have two members with terms expiring each year. A smaller body may also function better and be more productive. On the other hand, there are currently seven members, and a reduction to six would F RA.\"K !- RA/KO\\'SKl . require the removal of one of the members. GORDO:V H. HANSME!ER FREDERICK L. GRUSKE I As this revision is drafted, it allows for at least six THO.'iAS G. JO\'ASO\'IC.'i I but not more than seven appointed members. In this I fashion, the Planning Commission could continue with JOHN H. SCHERER , its current makeup. Upon the retirement or withdrawal PAUL A. RA/KO\\'SKl of a member, the membership shall automatically drop to KEVIN F. GRAY six if the Council chooses not to replace the retiring WILLIAM !- C.4SHMA.': member. That may be a reasonable compromise between DAVID T. SHAY ¡ the interests of the current members of the commission RICHARD W. SOBAL\'ARRO I and the long term interest of the city. MICHAEL c. RA/KO\\'SKI Would you please forward a copy of this document to the chair and Councilman Hiemenz for their review. Very truly yours, JAMES H. KELLY, M.D., L4..C.P. LTD. MEDICAL COXSULTA~T ".;oROO:--I H. HA:-':S~fEIER IS AD~UITED TO PRACTICE IN NORTH DAKor A AND \-VISCO~SI:-;, PAUL A. RAJKOWSKIIN \'\'ISCOSSI:-': A1'\D WILUA~1J. CASHMAN IN SOL'TH DAKOTA. . . ME""ER OF AMERICA" JHS/baz BOARD OF TRIAL ADVOCA ITS. Enclosure L:\gen\16397\af051094,Oll . ~ , , . AMENDMENT TO ORDINANCE 25: PLANNING COMMISSION . The City Council for the City of st. Joseph hereby ordains: That Ordinance 25 of the st. Joseph Code of Ordinances is rescinded and the following enacted in its place: Section 25.1: MEMBERS AND TERMS. There shall be established a Planning Commission consisting of at least nine but not more than ten members. Subd. 25.1.1. At least six but not more than seven members shall be appointed to serve three year terms by the Mayor with the approval of the City Council. The terms of these appointed Commissioners shall be staggered so that no more than three of the appointed members shall have terms ending in any given year. Any of the appointed members may be removed for cause by a majority vote of the City Council. Subd. 25.1.2. The other three members of the Planning Commission shall be the City Engineer and the City Attorney, who shall be members ex officio, without voting authority. The final . member shall be elected by the Council and shall be one of its own members. The Council member shall serve a term of one year and shall have full voting rights. Subd. 25.1.3. vacancies during the term of any member shall be filled by appointment by the Mayor with approval of the Council for the unexpired portion of the term. Every appointed member entering upon discharge of his or her duties shall take an oath that he or she will faithfully discharge those duties of the office. Members shall receive reasonable compensation as set by City Council resolution. Members, serving pursuant to Subd. 25.1.1. shall be residents of the City, or reside within two miles of the City limits. No more than two (2) of these members shall be non-residents. section 25.2: OFFICERS. The Commission shall elect a Chairperson and a Deputy Chair from among its members for a term of one year. Other offices, including that of secretary, may be designated and filled by the Commission as may be determined. The Chairperson shall preside over all meetings, represent the Commission before the Council, and undertake such other responsibility as authorized by the Commission. The Deputy Chair shall assume the duties of the Chairperson in the Chairperson's absence and assume such other duties and responsibilities as delegated by the Chair. ~ section 25.3: MEETINGS. The Commission shall hold at least one regular meeting during every three-month period. It shall -.... adopt rules and by-laws for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which shall be of public record. On or before the first day of January of each year, the Commission shall submit to the City . Council a report of its work during the preceding year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the city Council. On or before the first day of August of each year, the Commission shall submit to the City Council a proposed operating budget for the upcoming fiscal year. section 25.4: COMPREHENSIVE PLAN. Subd. 1. Preparation. It shall be the function and duty of the Planning commission to prepare and adopt a comprehensive City plan for the physical development of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar àevelopments, and use of prope~ty, the density of population, and other matters relating to the physical development of the City. Such plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commissioners' program of work. Subd. 2 . Hearinqs and voting. Before adopting the comprehensive plan or any section of it or any substantial amendment thereof, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by publication in a newspaper of general circulation at least 10 days before the day of the hearing. The adoption of the . plan or of any section or amendment thereof, shall be by resolution of the Commission, approved by the affirmative votes of not less than two/thirds of the total members entitled to vote. The Commission may, from time to time, amend or add to the plan or any section thereof, as herein provided, or the adoption of the original plan whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary. An attested copy of the plan or of any section, amendment, or addition to the plan adopted by the Planning Commission shall be certified to by the City Council. Subd. 3 . Recommendations to citv Council. Upon the adoption of the plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council, reasonable and practical means of putting into effect such plan or section thereof in order that the same will serve as a pattern and guide for orderly physical development of the City and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such City plan. Such means shall consist of a zoning plan, the control of subdivision plats, a plan of future streets, coordination of the normal public improvements of the City, a long-term program of capital expenditure and such other matters as will accomplish the purposes of this section. Subd. 4. Reviewal of Plan. The Planning Commission shall ~ periodically review the Comprehensive Plan, adopt necessary amendments and recommend to the Council reasonable and practical ~ means of implementing the amendments. . , ç . , . . section 25.5: ZONING PLAN. The Planning commission, upon .-r its own motion, may and upon instructions by the City council, shall prepare a proposed zoning plan or amendments to an existing ~ zoning plan for the City. Before recommending any plan to the City council, the Planning commission shall hold at least one public hearing thereon after notice similar to that required by Section 6 herein. The same procedure shall apply for the preparation of any plan of proposed rights-of-way for future streets or highways, of the future widening of existing streets or highways, or for the reservation of lands for public purposes. section 25.6: OFFICIAL MAP. Subd. 1. The Planning Commission with the assistance of the City Engineer, may and upon instructions by the City Council shall, prepare an official map of the platted and unplatted portions of the City and adjoining territory, or portions thereo f , indicating upon such map the proposed future extension and widening of streets ·of the city within such existing platted and developed territory or across such unplatted territory. Subd. 2. After such map has been prepared and a hearing on it has been held, it shall be submitted to the council, which shall thereupon consider the map and may adopt it or any part of it with amendments as it deems advisable. Before adoption by the Council, a public hearing shall be held upon the proposal at . least 10 days after a notice thereof has been published in an official newspaper. After the map has been adopted by the Council and filed with the County Recorder of Stearns County, whenever an existing street or highway is widened or improved, or any new street is opened, or lands for other public purpose are acquired by action of the City, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit after the filing of such map within the limits of the mapped street, or outside of any building line that may have been established upon the existing street, within any area thus reserved for public purposes. Section 25.7: APPROVAL OF PLATS. Subd. 1- Every proposed plat of land within the City or within two miles of the limits of the City and not within a town which itself requires the approval of plats, shall be submitted to the City Council before being filed and no plat of land shall be filed unless and until the same shall first have been approved by the City Council. Subd. 2. Any person who violates this provision or who sells lands or offers lands for sale or contracts for the sale of land by reference to or by other use of a plat before such plat has been approved by the Planning Commission and the city Council . in accordance with the provisions of this section shall be guilty of a misdemeanor. Before acting on such plat, the City Council shall submit the same to the Planning commission for a recommendation and consideration pursuant to Ordinance 54. Section 25.8: REFERENCE TO PLANNING COMMISSION. No change shall be made in the zoning plan, future street and public lands .- plan, or regulations governing the platting of land after such plans or regulations have been adopted by the City council, until - the proposed change has been referred to the Planning Commission for report thereon and attested copy of the report has been filed with the Council; and no ordinance or resolution establishing any of such plans or specifications shall be adopted by the city Council until the ordinance or resolution has been referred to the Planning Commission for a report thereon and an attested copy of the report has been filed with the Council. section 25.9: OTHER DUTIES. In addition to the duties and responsibilities delineated above, the Planning Commission shall: Subd. l. Assume all other advisory responsibilities authorized by Minn. stat. § 462.354, et seg. Subd. 2 . Serve as ·the Board of Appeals and Adjustments. Subd. 3 . Exercise all authority delegated under Chapter V. of this Code. Subd. 4. Recommend additions and/or amendments to the ordinances contained in Chapter V. of this Code. Subd. 5. Participate with planning agencies of other political subdivisions in joint planning where matters of a . common interest exist. Subd. 6. Assume other duties and responsibilities relating to planning and land use as may be delegated or assigned by the City Council. This Ordinance was passed by the City Council for the City of st. Joseph this ____ day of , 1994. Mayor Clerk/Administrator N:lcitylstjoelaf051094.221 . . . , -' -- ORDINANCE 42: SEWER USE ORDINANCE. Section 42.1: PURPOSE AND POLICY. This ordinance sets forth uniform requirements for discharge into the City's Wastewater Disposal System Publiclv Owned Treatment Works œOTW) and enables the City of St. Joseph to comply with all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency) laws. The objectives of this ordinance are: a) To prevent the introduction of pollutants into the 'Nastewatcr Disposal Systom POTW which will interfere. with the operation of the facilities or the use or disposal of the sludge; and b) To prevent the introduction of pollutants into the Wastewater Disposal System POTW which will pass through the system inadequately treated into receiving waters of the State or the atmosphere or otherwise be incompatible with the system; and The ordinance provides for the regulation of discharges into the City's Wastewater Disposal . System through the issuance of permits to certain users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires, user reporting, and provides for the setting of fees necessary to carry out the program established herein. The ordinance shall apply to the City of St. Joseph and to persons outside the City who are, by contract or agreement with the City, users of the City's Wastewater Disposal System. Except as otherwise provided herein, the Superintendent of Public Works shall administer, implement and enforce the provisions of this ordinance. Section 42.2: DEFINITIONS. Subd. 1: Unless the context specitically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings hereinafter designed. Subd. 2: "Biochemical Oxygen Demand (BO¥ CBOD - The quantity of oxygen utilized in the biochemical oxidation of organic matter in the presence of a nitrification inhibitor under standard laboratory procedure in five (5) days at 20 C expressed in milligrams per liter. Subd. 3: "Building Drain" - That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face of the building wall. . "Act" means the Federal Water Pollution Control Act. Public Law #92-500 and the Clean Water Act. Public Law #95-217 as amended. "Indirect Discharge" means the introductor of oollutants or wastes into the POTW from any ~ nondomestic source reelllated under Section 301 (b). (c), or (d) of the Act. - "Industrial Discharge Permit" or "Permit" means a permit issued by the City of St. Joseph to an industrial user to use the City's disposal system as established herein. Subd. 4: "Building Sewer" or "Sanitary Sewer Service" - The extension from the building drain to the public sanitary sewer main or other place of disposal. Subd. 5: "City" - The area within the corporate boundaries of the City of St. Joseph, as presently established or as amended by ordinance or other legal actions at a future time. When used herein, the term City may also refer to the City Council or its authorized representatives. Subd. 6: "Chemical Oxygen Demand" - The quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with standard laboratory procedure as set out in the latest edition of Standard Methods of the Examination of Water and Wastewater. Subd. 7: "Collection System" or "Public Wastewater Collection System" - The system of sanitary sewers, manholes, pumping stations, forcemains, and appurtenances used to convey wastewater to the Plant. For purposes of this detinition, the collection system ends at me junction manhole just upstream of the metering structure containing me Parshall Flume. Subd. 8: "Combined Sewer" - A sewer originally designed and currently designated to receive both surface water runoff and sC'sa;c wastewater. . Subd. 9: "Cooling Water" - The water discharged from any use such as air conditioning, cooling, or refrigeration, or during which the only pollutant added to the water is heat. Subd. 10: "Domestic Waste" or "Normal Domestic Strength Wastewater" - Wastewater that is primarily produced by residential users, with BOD _ concentrations not greater than 250 mgll and suspended solids concentrations not greater than 250 fug/l. Subd. 11: - "EPA" - The U.S. Environmental Protection Agency. Subd. 12: - "Flow" - The rate at which s~wag() wastewater is generated, transported, or disposed of expressed in terms of volume per unit of time: usually Cubic Feet Per Second (CFS), Million Gallons Per Day (MGD), or Gallons Per Minutes (GPM). Subd. 13: "Garbage" - Solid wastes resulting from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage of said meat, tìsh, fowl, fruit, vegetables and condemned food. Subd. 14: "General Pretreatment Regulations" - The general pretreatment regulations for existing and new sources of pollution promulgated by EPA under Section 307 (b) and (c) of the Act and found at 40 CFR Part 403. Subd. 15: "Industrial users" or "Industries" are: '" . or- . . , . - a) Entities that discharge into the wastewater disposal system, liquid wastes resulting from the processes employed in industrial or manufacturing processes, or from the - development of any natural resources. These are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions. "Industrial User" meas a source of indirect discharge. Division A. Agriculture, Forestry and Fishing Division B. Mining Division D. Manufacturing Division E. Transportation, Communications, Electric, Gas, and Sanitary Sewe~s Division 1. Services For the purpose of this detinition, domestic waste shall be considered to have the following characteristics: BODS less than 250 mgll Suspended Solids less than 250 mg/l b) Any nongovernmental user of the Wastewater Disposal System which discharges wastewater to the system containing toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to - contaminatè the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates -- a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works. Subd. 16: "Industrial Wastewater" ~ The liquid processing wastes from an industrial manufacturing process, trade, or business including but not limited to all Standard Industrial Classification Manual Divisions A, B, D, E and I manufacturers as distinct from domestic wastewater. Subd. 17: "Interference" - l. disruption or an inhibition of tho seVier system and/or treatment plam: proeesses or operations or a '.-iolation of any requir~mcnt of an ;-'TPDES Permit. A discharge which alone or in conìunction with a discharge or dischar!:?"es from other sources inhibits or disrupts the POTW. its treatment processes or ooerations or its sludge processors. use or disoosaJ and. therefore. is a cause of a violation of anv reauirement of the St. Cloud's POTW's NPDES permit or of the prevention of sewage sludge use or disposal with statutory provisions and re~lations or permits. Subd. 18: "MPCA" ~ The Minnesota Pollution Control Agency. Subd. 19: "National Pollutant Discharge Elimination System (NPDES) Permit" - Any permit or requirement issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 D.S.C. 1251 et seq); for the purpose of regulating the . discharge of sewage wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act. ::2 ..../ Subd.20: "Ordinance" - The set of rules contained herein governing the discharge of - wastewater to the '.Vastc',y~tcr Disposal S)'st;::m POTW. - Subd.21: "Other Wastes" - Other substances except s;::...;a;o wastewater and industrial wastes. Subd. 22: "Permittee" - An industrial user authorized to discharge industrial waste into the City's Wator Pol1ution Control FJ.cilit)' POTW pursuant to a Wa-st;::vlatcr an Industrial Discharge permit. Subd.23: "Person" - The State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity. Subd. 24: "pH" - The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Subd. 25: "Pretreatment" - The process of reducing the amount of pollutants, eliminating pol1utants, or altering the nature of pol1utant properties in w~stewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's Wastewater Disposal System. The reduction, elimination, or aiteration may be obtained by physical. chemical or biological processes, process changes or other means, except as prohibited by this ordinance. - Subd. 26: "Pretreatment Standards" - Standards for industrial groups (categories) promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to publicly -- owned sower system treatmen~ works and must be met by all users subject to such standards. Subd. 27: "Private Disposal Permit" - Permit required of a person other than single family dwelling to construct a private scwage wastewater disposal system. "Public Utilitv" means the unit of municioal ~overnment and its oeoole responsible for the operation of the POTW and this ordinance, "Publicly Owned Treatment Works œOTW)" - The treatment works as detìned bv Section 212 of the Act. which is owned bv the municiDalitv (as detìned bv Section 502(4) of the Act), This includes any devices and svstems used in the stora2'e, treatment, recvclin2', and reclamation of municipal sewage or industrial wastes of a liauid nature, It also includes sewers. piDes. and other conveyances only if they convey wastewater to a POny tre:ltment olant. The term also means the municipality as defined in Section 502(4) of the Act, which has iurisdiction over the indirect discharges to and the discharges from such a treatment works. "Rules" - The waste dischar2'e rules for the SL Cloud disposal system contained herein. Subd. 28: "Sanitary Sewer" - A sewer intended to carry only I iquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally. . . . / , . . . Subd. 29: "Sanitary Sewer Main" or "Public Sewer" - A sanitary sewer normally located within the public right of way or within easement areas which are owned, operated, and routinely maintained by the City, Sanitary sewer mains are usually 8 inches or larger in diameter, and include laterals, trunks, and interceptors. The sanitary sewer main is the common sewer to which individual building sewers connect. Subd. 30: "Sanitary Sewer Service" - See "Building Sewer" . Subd. 31: "Sewage" See "Wastev.ater". Subd. 32: "Sewer" - A pipe or conduit for carrying sewage wastewater, industrial waste or other waste liquids. Subd.33: "Sewer System" - See "Wastewater Disposal System". Subd. 34: "Sewer Use Agreement" - An imermunicipal agreement between the Cities of St. Joseph and St. Cloud, Minnesora, for the conveyance and treatment of municipal wastewater. Subd. 35: "Shall" is mandatory; "May" is permissive. Subd. 36: "SIC" - The Standard Industrial Classitication Code (1972) issued by the Executive Office of the President, Office of Management and Budget, for use in the classitication of establish- ment by types of business and the primary and economic activity engaged. . Subd. 37: "Significant Industrial Us;;r" .'\ny industri:ll user of~;; City's '.Vastcwat;;r Disposal System v,'hich has :l si.;nificant impact, ;;ith;;r sin;;ly or in combimtion with other contributing industries, on tho '.'lastewater Disposal System, th;; 'NPCF, the quality of sludge, the system's effluent quality, or air ~missions generated by the syst;;m. "Si2:nificant Industrial User" all Industrial Users subiect to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter L Subchapter Nand any other Industrial User that discharges an average of 25.000 ~allons per day or more of process wastewater to the POTW (excluding sanitary. noncontact cooling and boiler blow down wastewater). contributes a process waste stream which makes up 5 oercent or more of the average dry weather hvdraulic or organic capacitv of the POTW treatment plant. or is desirnated as such by the control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a reasonable potential for adverselv affecting- the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8 (f)(6). If. upon finding that an Industrial User meeting the criteria of this subdivision has no reasonable potential for adversely affecting the POTW's operation or for violating- any pretreatment standard or requirement. the control authoritv. as detined in 40 CFR 403. 12 (a). mav, at any time, on its own initiative or in response to a petition received from an Industrial User or POTW and in accordance with 40 CFR 403.8 (f)(6) determine that such Industrial User is not a sig-nificant Industrial User. Subd. 38: "Sludge" - Any discharge of water or wastewater which in concentration of any given constituent or in quantity of t10w exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. .- Subd. 39: "State" - The State of Minnesota or its designated agency, the Minnesota Pollution Control Agency (MPCA). -- S- , Subd. 40: "Storm Water" - Any t10w occurring during or following any form of natural . precipitation and resulting therefrom. Subd. 41: "Storm Sewer" or "Storm Drain" - A sewer which carries storm and surface water and drainage, but excludes sc..vagc wastewater and industrial wastes, other than unpolluted cooling or process water. Subd. 42: "Suspended Solids (SS)" or "Total Suspended Solids (TSS)" - The total suspended matter that either floats on the surface or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", latest edition, and referred to as non-filterable residue. "Total Toxic Organics" - The summation of all valves 2:reater than 0.01 mgll of toxic organics listed in Section 307 (4) of the Act. Subd. 43: "Unpolluted Water" - Clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to pubt ic health, safety or welfare. to domestic, commercial, industrial or recreational use, or to livestock, wild animals, bird, tìsh or other aquatic life. Subd. 44: "Users" - Those residential, commercial, governmental, and institutional and industrial establishments which are connected to the public sewer collection system. Subd. 45: "Waste Transport Hauler" - An industrial user who transports industrial or . domestic waste for the purpose of discharge into the City \V:::t:r Pollution CJntrol Fa;:ilities POTW, Subd. 46: "Wastewater" or "Sewage" - The spent water of a community. From the standpoint of source it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface water, and storm water that may be present. Subd. 17: "\Vastev,atcr Dis~harg: Permit" .\ permit issu:d by :he City to an industrial us::::r to use the \Vastewat:;r Disposal System. Subd. 18: "\Vast::::wat::::r Disposal S)'st~m" or ""Vast;::.....at::- Disposal Facilitks" rnd i':iduall)' or collectively all parts and facilities of the sewer Coll:ction Syst::::m, the Pbnt, and all Jppurt::::nanc::::s; the entiro Sanitary Sewcr Systcm o'è;ncd Jnd opcrat;;d by th:::: City of St. Jos;;ph. Subd. 19: "\VPCF" or "St. Cloud '.VPCF" The St. Coud Vht::r Pollution Control Facilities as defined in tho SCYler l"se .\greement bet',vcen the Citi::::s of St. Joseph and St. Cloud, ~..iinnesota. Section 42.3: PRIVATE SEW AGE DISPOSAL SYSTEM. Subd. 1: Where a public sanitary or combined sewer is not available under the provision of Section 6, the building sewer shall be connected to a private s::::v;agc wastewater disposal system complying with the provisions of this Subsection. .- Subd. 2: Before commencement of construction of a private sc',vage wastewater disposal system other than for a single family residence, the owner shall first obtain a written private disposal - Ie . . . permit signed by the City Clerk. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City. A permit and inspection fee, as established by resolution of the City Council, shall be paid at the time the application is filed. Subd. 3: A permit for a private S0'.vage wastewater disposal system other than for a single family residence shall not become effective until the installation is completed to the satisfaction of the Superintendent of Public Works. Employees or agents of the City shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Superintendent of Public Works when the work is ready for final inspection, and no underground portions shall be covered before the final inspection is completed. Subd. 4: The type, capacities, location, and layout of a private sewage wastewater disposal system shall comply with all requirements of the City and the State of Minnesota. No private so\vage wastewater disposal system employing subsurface soil absorption facilities shall be constructed where the area of the lot is less than 40,000 square feet, unless the owner presents evidence to the City demonstrating that special conditions exist which assure the system will meet the minimum standards of the Minnesota Individual Sewage Disposal System Code. Subd. 5: At the time a connection is made to the public sewer any septic tanks or other private soy/ago wastewater disposal facilities shall be removed or filled with suitable material approved by the City Superintendent of Public Works. . Subd. 6: The owner shall effectively operate and continuously maintain the private scy¡agc wastewater disposal facilities in a sanitary, satisfactory and effective manner at all times, at his own expense. Subd. 7: The employees of the City may enter upon any property having a private sewer wastewater disposal system for the purpose of inspecting such system and making such other investigations and tests as are deemed necessary. Entry shall be made during the dayl ight hours unless abnormal or emergency circumstances require otherwise. Subd. 8: The provisions of this Subsection shall be in addition to any requirements established by applicable federal, state or local laws and regulations, and shall not be construed to relieve any liability or obligation imposed by such laws and regulations. Subd. 9: Any person operating a private scwa,;o wastewater disposal system who wishes to discharge waste products to the St. Joseph WJ:St~v/at~r Disposal Syst~m St. Cloud POTW resulting from the treatment of domestic wastewater only shall obtain permission from the Superintendent of Public Works prior to the discharge occurring. Section 42.4: BUILDING SEWERS AND CONNECTIONS. Subd. 1: No person unless authorized shall uncover, make any connections with or disturb any public sewer or appurtenance thereof, unless and until a Sewer Connection Permit and an Excava- tion Permit are obtained from the City Clerk. Fees for each of these permits shall be established by the City Council, and the Excavation Permit shall be subject to the provisions of Ordinance No. 57. . Subd. 2: Sewer Hook-up Charge: Any person connecting to the sewer system shall pay a sewer hook-up charge (connection charge) as authorized by Minn. Stat. § 444.075, Subd. 5. The 7 sewer hook-up charge shall be based on an equitable formula including the replacement cost of the . then existing Wastewater Disposal Facilities and the amount of past individual assessments levied to finance construction of the facilities. The sewer hook-up charge may be adjusted from time to time by resolution of the City Council, and separate charges may be established for various types of users as deemed appropriate by the City. Sewer hook-up charges shall be paid to the City Clerk in full prior to connection to the system. In the event the use of property connected to the sewer system is significantly changed, the City of St. Joseph reserves the right to re-compute the appropriate sewer hook-up charge and assess an additional charge using the method of computation and the charges then in effect and established by resolution of the City Council. If the change in use results in greater waste water production that occurred prior to the change in use, the City may assess an additional hook-up charge and condition the issuance of a building permit, approval of a conditional use permit, or re-zoning (as necessary for the change in use of the property) upon payment of the additional hook-up charge. The amount of the hook-up charge shall take into consideration credit for the sewer usage to which the property was entitled by virtue of the original connection and prior use. A significant change in use which increases waste water production occurs under any of the following circumstances: (a) a change from a single family or two-family use to multi-family use, commercial (business) use or industrial use; (b) change from commercial (business) use to multi-family or industrial use; (c) a change from multi-family use to industrial use; (d) a change from one industrial use to another, or a change in the industrial operation, which increases water consumption by more than 500 gallons a day as compared to the prior use, Subd. 3: All costs and expense incident to the installation, maintenance, repair, replacement, and connection of the building sewer to the sanitary sewer main shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer. . Subd. 4: A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided that the City shall require a written agreement between the property owners as to the share of the costs of construction and maintenance which each will contribute. Subd. 5: Old building sewers may be used in connections with new buildings only when they are found, on examination and test by the City, to meet all requirements of this ordinance, Subd. 6: The size, slope, alignment, materials of construction of a building sewer, and the method to be used in excavating, placing of the pipe, jointing, testing, and backtìlling the trench, shall all conform to the requirements of the building and plumbing code and to applicable City specifications. In the absence of code or City provisions or in application thereof, the materials and procedures set forth in appropriate specitications of Water Pollution Control Federation Manual of Practice No.9 and applicable American Society of Testing and Materials (AST\l) standards shall apply. Subd. 7: Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, such building drain shall be provided with a lifting device approved . by the Superintendent of Publ ic Works and discharged to the building sewer. ? . , - Subd. 8: No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building - drain which in turn is connected directly or indirectly to a public sanitary sewer. Subd. 9: The construction of the building sewer and its connection into the public sewer shall conform to the requirements of the building and plumbing code, to applicable City specifications, and to the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No.9, and the American Society for Testing and Materials (ASTM). All such construction shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent of Public Works before installation. Subd. 10: Employees or designated agents of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the Superintendent of Public Works when the work is ready for final inspection and no underground portion shall be covered before the final inspection is completed. The connection shall be made under the supervision of the Superintendent of Public Works or his representative. Anv new connections to the sanitarv sewer shall be prohibited unless sufficient capacitv is available in all downstream facilities including. but not limited to. capacitv for flow. CBOD and suspended solids. as determined bv the Sewer Control Board. Section 42.5: MAIN AND LATERAL SEWERS. Subd. 1: No person, unless authorized, shall uncover, make any connections with or opening - into, use, alter, or disturb àny public sewer or appurtenance thereof without tirst complying with the - provisions of 4.20.4, Subd. 1. Subd. 2: No sanitary or storm sewers shall be constructed in the City (except building sewers) except by written approval of the City, and subject to inspection during construction by employees or designated agents of the City. No such sewers shall be considered to be a part of the public sewer system unless accepted by the City as follows: Where sewers are installed and connected to the system under public contract with the City, acceptance shall be deemed made upon approval of final payment to the contractor by the City Council. Where sewers are installed and connected to the system by private individuals, groups, corporations or other organizations, acceptance shall be deemed made upon resolution of the City Council accepting said sewer improvements . Subd. 3: The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to applicable City specitications. Section 42.6: PROTECTION FROM DAMAGE. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the VI ast~wat~r Disposal System POTW. Section 42.7: USE OF PUBLIC SEWERS. . Subd. 1: It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any sewage wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. / Subd. 2: Except as set forth in Section 3, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage - wastewater. ~ Subd. 3: The owner of any building or property which is located within the City, or in any area under the jurisdiction of the City, and from which sewage wastewater is discharged, shall be required to connect to a public sewer at his expense within one year 90 davs after service of official notice to do so, provided that said public sewer is reasonably available for connection. Additionally, if the building or property is used for human occupancy, employment or recreation, the owner shall be required to install at the same time toilet facilities in accordance with the State Building Code and other ordinances of the City. Said official notice shall be given by the City Clerk, and shall be served upon the owner personally or by certitied mail. Where property is serviced by a private sewer system which had been in use for less than five years at the time the public sewer becomes available for connection, service of official notice shall be delayed in accordance with the following procedure: a) Notice shall be delayed for the period of time computed under the following formula: 60 minus "x"* = the number of months that servic~ of notic~ is delayed. "HZ' = ¡he number of months during ;vhich ¡he private seIVer r:¡stem has been in use as of the dale connection to the public system oecatn<! ami/abie. b) No delay in notice shall be granted unless the private sewer system complies with all applicable State, County and City private septic system standards and requirements, and is properly functioning. - - c) Irregardless of the age of the private sewer system, the City may immediately serve notice of connection if any of the following circumstances occur: i) The private sewer system ceases to function properly or fails to comply with applicable State, County or City standards. ii) Title to the property is transferred during the period when notice is delayed. iii) Immediate connection is deemed necessary by the City for the protection of public health or welfare. d) Delay in notice to connect shall not act as an abatement or deferral of assessments levied against the property. Upon connection, the property owner shall pay the sanitary sewer hook- up fee at the rate in existence at the time of connection. Subd. 4: In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Section 7, Subd. 3 of this ordinance, the City may undertake to have said connection made and shall assess the cost thereof against the benetitted property and said assessment shall be a lien against said property. Such assessment, when levied, shall bear interest at the rate of eight percent (8 %) per annum and shall be certitied to the auditor of the county in which the land is situated and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this subdivision shall be in addition to any other remedial or enforcement provisions of this o~dinance. . /è . . -, Subd. 5: No person shall discharge or cause to be discharged directly or indirectly any storm water, surface water, groundwater, roof runoff, subsurface drainage, unpolluted cooling or process ~ water to any sanitary sewer unless there is no prudent and feasible alternative and unless as approved by the City. Subd. 6: Storm water and all other unpolluted water shall be discharged to a storm sewer, except that unpolluted cooling or process water shall only be so discharged upon approval by the City and the user may be required to obtain a NPDES Permit from the MPCA. Section 42.8: WASTEWATER DISCHARGE PERMIT. Subd. 1: Scope. Industrial users, or other persons, discharging into the Wastewater Disposal System POTW shall obtain a Wastewater Industrial Discharge Permit pursuant to these rules if notified to do so by the City. Revised 3/18/94 - - . ./ . The criteria to be utilized by the ~ POTW to determine if a '.Vast2'Nnter Industrial - Discharge Permit will be required to include: ~ a) An average flow greater than 50,000 25.000 gallons per operating day, unless a separate agreement has been executed with the City, or b) A pollutant concentration of greater than 50% for one or more regulated pollutants (see Section 10, Subd. 6) at the point of discharge, or c) Has properties in the discharge for it to be constituted a prohibited discharge, or d) Has been pretreated or passed through an equalization tank before discharge, or e) A suspended solids hvdraul ic or organic loading greater than ~ 5 % of the è-es+gf! avera¡ze dav weather capacity of the S~. Cloud '.VPCF POTW, or f) An industrial process regulated by EPA categorical standards, or g) Other criteria as designated by the G;ry POTW as detìned in -+0 CFR 403,12 (a), Subd. 2: Permit ADolication, Existing significant industrial user. New Signiticant Industrial Users: All new signific:mt industrial users proposing to connect or - to commence a new discharge to the Wastewater Disposal system shall apply for a v;ast~wat;:;r industrial discharge permit before connection to or discharging into the Wastewater Disposal System. - The permit application may be obtained from the City Clerk. No discharge into the Wastewater Disposal System can commence until a Wastewater Discharge Permit is received unless the City Clerk has ruled that: a) A ',','astC"';ilt~r industrial discharge permit is not required, and b) A discharge waiver is granted to commence discharge pending final action by the City. Incomplete or Detìcient ADpl ication. If the Permit apD! ication is incomplete or otherwise deficient. the Director will advise the apDlicant of such incomoleteness or detìciencv. An Industrial Discharge Permit shall not he issued until an appl ¡cation is comolete. Issuance of Industrial Discharge Permit. Within sixty (60) davs after receiDt of a completed application form from the industrial user. the Director shall. upon a determination that the applicant is capable of comDliance with the Industrial Discharge Permit conditions and these rules. issue an Industrial Discharge Permit subiect to the terms and conditions provided herein, Subd. 3: Permit Conditions. \Vx;~~wat~r Industrial Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City Council. Permits shall contain the following: . , -- . . , -, A summary of the penalties and surcharge applicable for violation of the terms of the permit as provided in Section 360:80 of this ordinance. - a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the Wastewater Disposal System POTW; b) Limits on the average and maximum wastewater constituents and characteristics either in terms of concentration. mass limitations, or other appropriate limits; c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; d) Requirements for installation and maintenance on inspection and sampling facilities; e) Requirements for installation, operation, and maintenance of pretreatment facilities; (see Section 13 on pretreatment) f) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and self reporting schedule; g) Compliance schedules; h) Requirements for maintaining and retaining plant records relating to wastewater . discharge as specified by the City, and affording the Superintendent of Public Works access thereto; i) Requirements for notification to the Superintendent of Public Works of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; j) Requirement for notification of sludge discharge as provided in Section 11 of this ordinance; and k) Requirements for the specitïc location. time. and volume of discharge to the POTW for Waste Transport Haulers: n The requirement for Industrial Discharge Permit transfer as stated herein: and !Em) Other conditions as deemed appropriate by the City to ensure compliance with this ordinance. Subd. 4: Permit Modification. Suspension. and Revocation. ^ Wastewater An Industrial Discharge Permit may be modified, suspended or revoked, in whole or in part, by the City during its term for cause, induding: . a) Violation of these rules; b) Violation of any terms or conditions of the Wastewater Industrial Discharge Permit; ::< ~ c) Obtaining a Wastcwat;::r Industrial Discharge Permit by misrepresentation or failure to - disclose fully all relevant facts; - d) Amendment of these rules; e) A change in the wastewater treatment process which results in the permittee's discharge having a signiticantly different and negative impact on the process; f) A change in the permittee's industrial waste volume or characteristics which the permittee knows or has reason to know will or is likely to have, either singly or by interaction with other wastes, a negative impact on the treatment process; and g) A determination by the City that the permittee's discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, present an endangerment to the environment, or threaten interference with the operation of the 'Nast~wat2r Disposal Syst;::m POTW. Time Schedule for Comoliance. Anv moditic3.tions in the Industrial Discharg:e Permit shall specify a reasonable time schedule for comoliam:e. Refund of Permit Fee on Surrender or Revoc:nion. A Permittee may surrender an Industrial Discharge Permit to the Citv orior to the Permit's scheduled termination. In the event that a oermit is surrendered or revoked. the Permittee shall he refunded a Dro rata oortion of the Permit fee raid, Subd. 5: Permit Duration, Permits shall be issued for a specified time period. not to exceed - five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the uscr's ~;dsting p~rmit. Permit's exoiration date bv tiling: wit the POTW a Permit - reissuance application. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identitied in Section 10 are modified or other just cause exists. The user shall be informed prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Subd. 6: Permit Transfer. 'Nast;::',\'Jtcr Industrial Discharge Permits are issued to a specific user. at a specific location. for a specitic operation. exceot in the case of Waste Transoort Haulers. A \Vastcvlatcr Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until its expiration date. In the event of a chang:e in the entitv owning: the industrial discharge facilities for which there is an Industrial Discharge Permit. the orior owner. if feasihle. shall notify the POTW and the succeeding owner of said chang:e in ownershio and of the provisions of the Industrial Discharge Permit and these Rules. The new owner shall suhmit a new oermit application or shall submit to the POTW an executed statement ag:reeing: to be bound bv the terms and conditions of the existing Industrial Discharge Permit for the facilitv, in which case, upon consent of the POny. the permit shall continue in effect. Permit Fees: The Industrial Discharg:e Permit fee for total waste (million gallons per year) for both initial and reissuance shall be as follows: (a) Less than one (1) million g:alIons per Year, $200 . '-.. . . , . - ~ (b) Between one (1) and ten (10) million gallons per vear. $400 - (c) Greater than ten (10) miIIion gallons per year. $600. Section 42.9: PROHIBITIVE DISCHARGE. Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into the Wastewater Disposal System POTW any of the following substances: a) Any combustible, flammable or explosive solids, liquids, or gases which by their nature or quantity wiII or are likely to cause either alone or by interaction with other substances a fire or explosion or be injurious to the treatment plant POTW operation. At no time shall two (2) successive readings on an exposimeter, at the point of discharge into the sewer system, be more than five percent (5 %) nor shall there by any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) nor shall pollutants which create a fire or eXDlosion hazard in the POTW. including. but not limited to. waste streams with a closed cup flashpoint of Jess than 140 degrees Fahrenheit or 60 de~rees Centi~rade usinf?: the test methods specified in 40 CFR 261.21.. Prohibited materials include but are not limited to gasoline, kerosene, naptha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and ketones. b) Any solids or viscous substances which will or are likely to cause obstruction to the flow in a sewer or interference with the operation of the Wastewater Disposal System. - These include but are not limited to garbage with particles greater than one-half inch (1/2") in any dimension, grease, animal guts or tissues, bones, hair, hides or - fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains, waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass grinding and polishing wastes. c) Any wastewater having a pH Jess than 5.0 or greater than 12.0 or having any corrosive property that will or is likely to cause damage or hazard to structures, equipment, or personnel employee of the 'rVatcr Utility POTW. d) Any alkaline wastewater which alone or with others will or is likely to cause an elevated pH in the Wastewater Disposal System or WPCF so as to result in an inhibiting effect on the biological process or encrustation to the system. e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, that will or is likely to cause interference or constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any pollutant identitied pursuant to Section 307 (a) of the Federal Water Pollution Act as amended). t) Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction with other wastes, will or are likely to create a public nuisance or hazard . to life or prevent the entry of Utility personnel employees into a sewer for its monitoring, maintenance, and repair. / .c::- , --' . g) Any wastewater which wiII or is likely to cause excessive discoloration in treatment - plant effluent. - h) Wastes, other than Domestic Wastes, that are infections before discharging into the sewer. i) Any sludge from an industrial pretreatment facility except as provided in S~ction 13. j) Heat in amounts which wiII or is likely to inhibit biological activity in the WPCF resulting in interference or causing damage to the WPCF, but in no case heat in such quantities that the industrial user's waste temperature is greater than 65 C (150 F) at its point of discharge to the sewer system, or heat causing, individually or in combination with other wastewater, the intluent at the WPCF to have a temperature exceeding 40 C (104 F). k) Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that will or is likely to solidify or- become viscous at temperatures between 0 and 65 C and which will or is likely to cause obstruction to the tlow in sewers or oth~r interference to the Wast~wat~r Dis¡:Josal Syst~m POTW. inc!udin!l petroleum oiL nonbiode!lradabl~ cutting oil or products of mineral oil ori!lin. 1) Any slug discharged in such volume or strength which a person knows or has reason to know will or is likely to cause interference in the '.V3:St~·s:!t-.:::~ Disposal Syst~m POTW. - m) Any substance \vhich will cause the '.'.' J:St~·.\"at-.:::r D ¡spos:!l S yst:m and,'or '.'.'PCF POTW to violate its NPDES and/or State Disposal System Permit or the receiving ~ water quality standards. n) Any substance which may cause the Wastewater Disposal S:"3t~m's POTW effluent or any other product of the wastewater treatment process such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the Wastewater Disposal System cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Federal Water Pollution Control Act as amended; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used. 0) Any wastewater containing inert suspended solids (including lime slurries and lime residues) or dissolved sol ids (including sodium chloride) in such quantities that will or is likely to cause interference with the 'Nast-.:::"yat2f Disposal S::st-.:::m POny, p) Radioactive wastes or isotopes of such a half-l ife or concentration that they are in non-compliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the WJst~watcr Disposal S)'stem POTW or p~rsonn~l emplovees operating it. q) Any hazardous waste, unless prior approval has been obtained from the City. . ¿ . . . , .'. r) Any waste generated outside the area served by the 'Nastc'.vatcr Disposal System POTW without prior approval of the City. (s) Any unpolluted water. including cooling water. rain water. storm water or groundwater. unless there is no other prudent or feasible alternative. (t) Any trucked or hauled wastes or pollutants. except at discharge points designated bv the POTW. Section 42.10: LIMITATIONS ON WASTEWATER STRENGTH. Subd. 1: Federal Pretreatment Standards. Federal pretreatment standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this ordinance unless the City has applied for, and obtained from the MPCA approval to modify the specific limits in the federal pretreatment standards. In all other respects, industrial users subject to pretreatment standards shall comply with all provisions of these rules and any permit issued thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any applicable pretreatment standard. Subd. 2: State Reauirements. State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this ordinance. . Subd. 3: Citv's Right of Revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastcv¡atcr disposal system POTW if deemed necessary to comply with the objectives presented in Section 1 of this ordinance. Subd. 4: Dilution. No user shall increase the use of process water, or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in any local or. state requirements or federal pretreatment standards. Subd. 5: Removal Credits and Variances. a) If the WPCF POTW achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to MPCA for moditication of specitic limits of the EP A Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an industrial user in the pretreatment standards if the requirements contained in 40 CFR 403.7 of the General Pretreatment Regulations relating to credits for the removal of poIlutants are fulfiIled and approval from MPCA is obtained. However, nothing herein shaIl be construed to require the City to apply to MPCA for removal credits nor shaIl it be construed to in any way limit the applicability of the limitations provided in Section 10, Subd. 6 in the event that such a removal credit is granted, except as provided in Section 10, Subd. 1. b) The City shaIl recognize and enforce the conditions aIlowed for by variances from pretreatment standards for fundamentaIly different factors as granted by EPA to individual industrial users in accordance with 40 CFR 403.13 of the General . Pretreatment Regulations. .'.-'~ . . c) The City shall notify all affected industrial users of the applicable pretreatment . standards, their amendments, and reporting requirements in accordance with 40 CFR 403.12 of the General Pretreatment Regulations. A compliance schedule is part of the Wa:St~..\'ater Industrial Discharge Permit shall be developed between the City and the industrial user to ensure that the industrial user complies with local, state and federal limitations in a timely manner as provided by the same section of the General Pretreatment Regulations. Subd. 6: SUDolementarv Limitations. No person shall jischJ.fg0 'Nast~',\ïltcr containing in excess of except as authorized pursuant to a compliance schedule in a Permit. shall discharge or cause or allow to be dischar~ed. directlv or indirectlv. into the POTW any of the following waste pollutants containing concentrations in excess of the following maximum limitations for any operating dav: Ma:ximum Allowable Concemration* Pollutant (mg!\) Arsenic 0,13 Cadmium M 0,091 Copper 9-:42.76 Chromium, Total ~2,28 Cyanide, Total 44) lJl Lead ~O,79 Mercurv 0.016 Molvbdenum 0.11 Nickel €Hi 0.75 . Selenium 0.19 Silver 0.56 Zinc &-:-G 4,23 *Based on a 24-hour tlow proportional composite sample of a total facility discharge to the \Vastcwatcr Disposal System POTW. Subd. 7: Special Agreements. No statement contained in this subsection, except as promulgated by the EPA as stated in Section 10, Subd. 1, shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for disposal, subject to payment therefore, by the industrial concern, in accordance with applicable ordinances and any supplemental agreement with the City. Pretreatment Standards Nctitìcation. The Director shall notifv all affected Industrial Users of the applicable Pretreatment Standards. their amendments. and reporting requirements in accordance with Code of Federal Re!!Ulations. Title 40. Section 403,12 of the General Pretreatment Regulations. A compliance schedule shall be developed between the POTW and the Industrial User to ensure that the Industrial User complies with local. state. and federal limitations in a timely manner as provided by the same Section of the General Pretreatment Re!!Ulations. Reports. Reoorts specitìed in Code. of Federal Regulations. Title 40. Section 403,12 of the General Pretreatment Regulations shall be submitted to the POTW bv affected users. Section 42.11: ACCIDENTAL AND SLUG DISCHARGES. . ? . . . , . Prevention of Accidental and Slug Discharges. All Industrial Users shall provide adequate protective t;)rocedures to prevent the accidental discharge of anv waste orohibited in Section 360:40. any waste in excess of the limitations provided in Section 360:45. Subd. 6. or any waste in violation of an applicable pretreatment standard. Subd. 1: Accidental Discharge. Accidental discharges of prohibited waste into the Wa5t()'lIater Disposal System POTW, directly or through another disposal system, or to any place from which such waste may enter the Wæ;t;)wat:::r Disposal System POTW shall be reported to the Superintendent of Public Works by the persons responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or WPCF, or for any fines imposed on the City on account thereof under any state or federal law or Sewer Use Agreement. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge. The responsible person shall send a letter describing the prohibited discharge to the City within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information: a) The time and location of the spill; b) Description of the accidentally discharged waste, including estimate of pollutant concentrations; c) Time period and volume of wastewater discharged; d) Actions taken to correct or control the spill; . e) A schedule of corrective measures to prevent further spill occurrences. Subd. 2: Sludge Discharge. In the ev:::nt that an industrial us:::r discharges a sIu; in such volume or strength that tho industrial us:::r lenov;s or has re:rson to lena..... it will cause interference in the Wa5to'Nator Disposal Syst:::m, the industrial us:::r shan immediately report the same to the Superintendent of Public Worles. '.llithin seven (7) days ther:::aft:::r, the industrial user shan send a letter to the City describing the slug as specitied tind:::r Section 11, Subd. 1. In the event that an Industrial User discharges a Slug in such volume or strength that the Industrial User knows or has reason to know it will cause interference in the POTW. the Industrial User shall immediately report the same to the Director. Within seven (7) davs thereafter. the Industrial User shall send a letter to the Directory describing the Slug as specitied under Accidental Discharge. After such a discharge. a plan is required to prevent additional slug or accidental discharges. This plan will contain the folIowing at a minimum: (a) description of discharge oractices. induding nonroutine batch discharges: (b) description of stored chemicals: (c) procedure for promptlv notifying the POTW of slug discharges as defined under Section 403.5(b) of the Code of Federal Regulations Title 40 and Section 360:40 of this Ordinance. with procedures for follow-up written notification within five (5) davs: (d) anv necessary measures for building containment structures or equipment: . (t) any necessary measures for controlling toxic organic pollutants (including solvents): ,C; // . (g:) any necessarv orocedures and equioment for emergency resÇJonse; . (h) any necessarv follow-up oractices to limit the damage suffered by the POTW or the environment. Section 42.12: MONITORING. Subd. 1: Monitoring Facilities. When required by the City's permit, the permittee of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, flow measurement, and measurement of the wastes. Such structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the City and shall be maintained by the owner so as to be safe and accessible at all times . The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user allow the facility to be constructed elsewhere. Subd. 2: Flow \ifeasuremem, A permittee, when required by permit, shall install and maintain a flow measurement deyice for instantaneous rate and/or cumulative tlow volume determinations. Metered water supply may be used in lieu of tlow measurement devices if it can be documented that the water usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume. Meters and tlow records shall be maintained at the permittee's expense in good operating . condition at all times. The permittee shall notify the City in writing within five (5) days in the event that the permittee becomes aware that the meter or flow recorder has failed to accurately register the flow. The permittee shall also notify the City of the permittee's intention to alter the installation of a meter or flow recorder so as to affect the accurate recording of industrial waste entering the Wn:stcv,rat;::r Disposal Syst;:;m POny. Subd. 3: Self Monitoring: Analvses, All measurements, tests, and analyses of the characteristics of water and wastes as outline in the permit shall be determined in accordance with guidelines established in 40 CFR 136 Part and 40 CFR 403.l2(g) of the General Pretreatment Regulations. Representative samples of a permittee's industrial waste shall be collected on a normal operating day and in accordance with guidelines listed in industrial user's permit. Industrial users subject to pretreatment standards shall sample in accordance with the pretreatment standards. Self-monitoring point(s) for industrial users who are not subject to pretreatment standards shall be at a location and at a frequency as specified in the permit. Subd. 4: Self Monitoring Reports. ,\ condition of th;:; industrial us;:;r's p,;rmit shall :nelud;:; the completion and submittal of accurat;:; routine self monitoring r;:;ports to th;:: Cit)' in a form subscribed to by the Superint;:;nd;:;nt of Publi,; Worlcs. Th;:; natU[;:; and fr;:qucn;:y of routin~ r;:porting shall bo based upon the r;:;quir;:;m;:nts spccitì;:;d, by the us;:;r's p;:;rmit. A condition of the Industrial User's Permit shall include the completion and submittal of accurate routine self-monitorin~ reports to the Director in a form subscribed to bv the Director, The nature and freauency of routine reoorting . ~ .p ~ ~ ø ø , , . shan be based upon the requirements specified bv the User's Permit application form. Except in the case of Waste Transport Haulers. reDorts shall be required as follows: ~) less than one (1) million gallons total waste discharged per year. semi-annually: íQ) between one (1) and ten (10) million ~allons. quarterly: fç) greater than ten (10) million ¡!allons. bi-monthlv: The Director may modify the above reporting schedule for a particular Permittee based on the Permittee's industrial waste characteristics. Permittees subiect to Pretreatment Standards shall submit reports to the POTW in accordance with the apulicable Pretreatment Standards. Subd. 5: Inspection and Samplin!l. The City may conduct such tests as are necessary to enforce this ordinance, and employees of the City may enter upon any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement Entry shall be made during operating hours unless circumstances require otherwise. In all cases where tests are conducted by the City for the purpose of determining whether the user is in compliance with regulations, the cost of such tests shall be charged to the user and added to the user's sewer charge. In those cases where the City determines that the nature or volume of a particular user's sewage wastewater requires more frequent than normal testing, the City may charge such user for the tests, after giving the user ten (10) days written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge. . Duly authorized employees and agents of the City, MPCA and EPA bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance, Those employees shall have no authority to inquire into any processes except as is necessary to determine the kind and source of the discharge to the Wastewater Disposal System POTW. While performing the necessary work on private properties referred to in Subd. 5 of this Subsection, the authorized employees of the City shall observe all safety rules applicable to the premises established by the company. Duly authorized employees and agents of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Wastewater Disposal System lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in all accordance with the terms of the easement pertaining to the private property involved. Testin!l Procedures. Testin!l procedures for the analysis of pollutants for Permit applications ªnd routine self-monitoring shall conform to the guidelines established in Code of Re!!1llations. Title 40. Part 136 and Code of Federal Re~lations. Title 40. Section 403.12 (g) of the Federal Pretreatment Regulations. Report and Monitorin~ Discrepancies. A Permittee shall be notified in writin!l by the . Director of a si!?nificant discrepancv between the Permittee's routine. self-monitoring records and the POTW's monitorin~ results within thirtv (30) days after the receipt of such reports and monitoring results. The Permittee shall then have ten (l0) working days to reply in writin~ to such notification. If Ii'" f ",,"'. / mutual resolution of such discrepancv is not achieved. additional samoling shall be performed bv the City emplovees. Samples mav be split between the Permittee's laboratorY or agent and the POTW's . laboratorY for analysis. Section 42.13: PRETREATMENT. Subd. 1: Compliance with Standards. Where pretreatment, flow equalizing facilities or Interceptors are provided for any water or wastes, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at his expense, and shall be available for inspection by the Cicy at all reasonable times. Industrial users shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Industrial users as required by their W ast~'t'latcr Industrial Discharge Permit shall submit to the City for review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation of construction. The City shall approve the industrial user's pretreatment plans if it appears that the proposed pretreatment facility is capable of meeting all applicable limitations. The City's review and approval shall in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an eftluent complying with the provisions of these rules. Any subsequent modifications in the pretreatment facilities which will result in a substantial change in discharge shall be reported to be approved by the City upon a determination that the moditìed facility is capable of meeting all applicable limitations, prior to the moditìcation of the existing facility, Residual solids from a pretreatment facility shall not be disposed, directly or indirectly, into the Wast:wat~r Disposal System POny without prior written approval from the City. The disposal . method shall be in accordance with local, state and federal requirements, The City shall be notitìed in writing within ten (10) days of the substantial changes in such residual solids disposal procedures and/or characteristics. Subd. 2: Trap Installations. Grease, oil and sand traps shall be provided for the proper discharge of waste containing excessive amounts of grease, oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate performance. Section 42.14: CONFIDENTIAL INFORMATION. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secretes of the user, When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the publ ie, but shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. . - - .. ç q , . . . Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten day notification is given to the user. Section 42.15: SEVERABILITY AND CONFLICTS. Subd. 1: Severabilitv. If the provisions of any section, paragraph, or sentence of these rules shall for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the provisions of the remaining sections, paragraphs and sentences shall nevertheless continue in full force and effect. Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted by the City, these rules, and the interpretations thereof, shall take precedence. Section 42.16: ENFORCEMENT. Subd. 1: Remedies Available. The City may suspend the sewer system service and/or a Wastewater Industrial Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the Wí1stewatzf disposal system POTW, or would cause the City to violate any condition of its NPDES or State Disposal System Permit, or its Sewer Use Agreement. Any user notified of a suspension of the sewer system and/or the Wastewater Industrial . Discharge Permit shall imm.ediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastev.atJr disposal system POTW or endangerment to any individuals. The City shall reinstate the 'Nastewater Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) five (5) working days of the date of occurrence. Subd. 2: Revocation of Permit. In accordance with the procedures of Section 16 of this ordinance, the City may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or for violation of conditions of its permit, this ordinance, or applicable state and federal regulations. Subd. 3: Notification of Violation. Whenever the City finds that any person has violated or is violating this ordinance, Wastev.ater Industrial Discharge Permit, or any prohibition, limitation or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty (30) ten (10) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. . Subd. 4: Show Cause Hearing. -'i"? :;7"' --_' a) Notice of Hearing. If the violation is not corrected by timely compliance, the City may order any user which causes or allows an unauthorized discharge to show cause . before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days before the hearing. Service may be made on any agent or officer of a corporation. b) Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members, administrative law iudge. its clerk, or its legal counsel: 1) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; 2) Take the evidence; and 3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. c) Transcriots. At any hearing held pursuant to this ordinance, testimony taken must be . under oath and recorded, The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. d) Issuance of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specitied time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be used. Subd. 5: Legal Action. If any person discharges se.....age wastewater, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this ordinance, federal or state pretreatment requirements or any order of the City, the City may commence an action for appropriate legal and/or equitable relief. Section 42.17: PENAL TIES. Subd. 1: Criminal Pcnaltks Administrative Fines. .\n)' p~rson violating an)' of :11::: provisions of this ordinance shall bc guilty of a ~riminal off~nse punishabl~ :lS a misdemeanor as dofinoo by the City ordinance and state law. E3eh day su;::h violation is committ~d, or permitted to continue, shall constitute a separate off~ns~ ::nd shall be punishabk as such hereunder. In addition to the penalties provided herein, the City may r:::co','cr ~ourt ~osts, attorney f:::::5, ;::ourt r~port;zrs' fees and other expenses of litigation by an appropriate action against the person found to ha','e violated this . ordinance or the orders, rules, r~gulations and permits issued hcr;;under. Notwithstanding anv other - , ~ . . . I" Section of this Ordinance. any user who is found to have violated any provision of this Ordinance. or Permits and orders issued hereunder. shall be fined in an amount not to exceed $1.000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the City Finance Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges. fines. and penalties shall constitute a lien against the individual user's propertv. Industrial Users desirin~ to dispute such fines must file a request for the City Finance Director to reconsider the fine within ten (10) days of being notified of the fine. Where the Citv Finance Director believes a request has merit. he shall convene a hearin!! on the matter within thirtv (30) days of receivin!! the request from the Industrial User. Criminal Penalties. Anv person violatin!! any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700. or by imprisonment for not to exceed ninety (90) days. or both. Costs. In addition to the penalties provided herein. the City may recover court costs. court reporter's fees and other expenses of litigation bv an aopropriate action against the person found to have violated this Ordinance or the Orders. Rules. Regulations. and Permits issued hereunder. Subd.2: Costs of Damage. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The City may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this ordinance. I Subd. 3: Falsifving Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or Wastcwat;::r Industrial Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be guilty of a crime which, upon conviction, is punishable as a misdemeanor as detined by City ordinance and state law. Section 42.18: PUBLICATION OF SIGNIFICANT VIOLATIONS. Public notification will occur at least annuallv in the official dailv newspaoer published in the municipality in which the POTW is located all Industrial Users which. at any time during the previous twelve (12) months. were in signiticant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the purpose of this provision. an Industrial User is in significant violation if its violations meet one or more of the following: (a) Chronic violations of wastewater discharge limits. defined here as those in which sixty-six percent (66 %) or more of all of the measurements taken during a six (6) month period exceed (bv anv magnitude) the daily maximum limit or the average limit for the same pollutant parameter: (b) Technical review criteria ITRC) violations. defined here as those in which thirty-three percent (33 %) or more of all the measurements taken during a six (6) month period .- equal or exceed the product of the dailv average maximum limit or the average limit times the applicable TRC ITRC = 1.4 for CBOD. SS. fats. oil and grease and TRC - = 1.2 for all other pollutants except pH): ......, ,-....-. 9' ". - , , (c) Any other violation of a pretreatment effluent limit (daily maximum or lon!!er term . average) that the Director believe has caused. alone or in combination with other dischar!!es. interference or pass throu!!h (including endan!!ering the health of POTW emDlovees or the !!eneral public): (d) Anv discharge of a pollutant that has caused imminent endangerment to human health. welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (F)(1)(vii)(b) to halt or prevent such a discharge: (e) Violation. bv ninety (90) days or more after the schedule date. of a compliance schedule milestone contained in a local control mechanism or enforcement order. for starting construction. completing construction. or attaining final compliance: (f) Failure to provide required reports such as baseline monitoring reports. periodic self- monitoring reports. and reports on compliance with compliance schedules. within thirtY (30) days of the due date: (g) Failure to accurately report noncomoliance: or (h) Anv other violation or group of violations which the Director considers to be significant. . .- - r '" ¿c .. St. Joseph Volunteer Fire Department ST. JOSEPH. lYINNESOTA. 56374 EMERGENCY CALLS FROM 12-1-93 TO 6-1-94 Office of the Chief DATE TYPE OF INCIDENT LOCATION OF INCIDENT PLACE .--r"·::::_T '--- - ----------------------------------------------------------------------- 12-4-93 MEDICAL EMERGENCY REG HI A HALL {ç:'''T'' BEr.¡ t s) ,-T""!'"''I:.7 4.5.00 i __.L . '0-./ ~ ~ ..:. 12-5-93 MEDICAL EMERGENCY f:. R. 75 & 134 ..-. ~,.,.,- 52.00 ;:;,J..:..;:' l-:'-~-a~ MEDICAL EMERGENCY 410 W. MINN ST. (APT 10:2,; ¡:IT'Y 76.00 --- -" -- 12-6-93 MEDICAL EMERGENCY CLARA LINCH HALL ( .-~ BEN' 3") (~ITY 8:3.00 - , ~~ . 12-7-93 MEDICAL EMERGENCY 11468 - 282ND ST. -~~c:: .45.00 ::::.jl~ 12-7-93 MEDICAL EMERGENCY 138 - 7TH AVE S.E. CITY 70.00 12-8-93 MEDICAL EMERGENCY 104 COLLEGE AVE SOUTH CITY 50.00 12-13-93 MEDICAL EMERGENCY 37 COLLEGE AVE SOUTH CITY 73.00 12-13-93 MEDICAL EMERGENCY .,... ~ 75 EAST -.,.~,..... 93.00 .'~.!:'l. ;::'...; .1.;::. 12-14-93 MEDICAL EMERGENCY 30772 JC!SE?H 3T. ,-""'4T"i~.r" ~2_GO - -- ..... ... 12-16-93 MEDICAL EMERGENCY HWY 23 & 1-94 -'-' ....- 72.:;() 12-20-93 MEDICAL EMERGENCY C.R. 2 & 75 .-...-..,........ 36.00 !......i l. :. 12-20-93 ............. ~~ -..-. ...--..........,.- 207 EAST CEDAR 37. j--T'"T'-'/' 129.00 bU.LL~rt ~..LhJ:. 12-21-93 MEDICAL EMERGENCY 30152 - 9TH AVE :::"J l.~ ~7~OO 12-27-93 MEDICAL EMERGENCY SUREAN RACKET3ALL CLUE ..... -""',.-.. 70.0C -.. ! j - ~I..of ..._. 12-30-93 GAS LEAK (: . R ~ 133 & 320TH ST. :;..;1:; 79. ;JO 1-1-94 MEDICAL EMERGENCY 3001..2 95TH A"IE SJTS .-.-, ,........'""' ':; c . ._,,_. .1__'_'-<~ Cß\P~ FIRE 1-94 . -..... ')()Hì-rS ':)\,TE:2F Þ..z-= : =t~}TS 1 ;)? . C C - ~ - 1-3-94 MEDICAL EMERGENCY 72,05 - ': ~ R ~ .- ~..,..."'" -, ,.-, ,... /.:: ="";.L':: ~.-: . .......-. 4 ,. "-,' MEDICAL EMERGENCY COLLEGE AVE SOUTH err:' 70.0D .L-a-'::14 1-9-94 MEDICAL EMERGENCY 1-94 fEAST BOUND LANE} ,- 7""''-' 97.0C '=:,J L:= 1-10-94 MEDICAL EMERGENCY c.~ .. R. .. ! '=, (DEL-wIN BALLROOM: "'-"-' ..-, ;37. CO 1-13-94 MEDICAL EMERGENCY W. t-1INN 5T. & 2ND AVE N.W. (:ITY 66.00 1-14-94 MEDICAL EMERGENCY 32782 IRONWOOD DR. SwTS ;36.00 1-15-94 MEDICAL EMERGENCY 109 8TH AVE S.E. t:IT·! .5;:3 . 0 0 ... ... -- """", MEDICAL EMERGENCY 67 - JOYtvlAR DR. SJTS 48.00 J..-l.i-~4 1-18-94 MEDICAL EMERGENCY KA':{' S KITCHEN ..-""'fT'I". 64.00 10_.111 1-19-94 CAR FIRE SUPER 8 MOTEL ~T""'~ 76.00 __...... J,.._ 1-21-94 MEDICAL EMERGENCY HWY 23 & BELCLAIRE LANE SJTS 81.00 1-22-94 FISH HOUSE FIRE KREMEE LAKE .- ..,......- 92.00 ;:),J 1;:. 1-22-94 MEDICAL EMERGENCY 3021=: :38TH AVE (DEL-WIN 'j SJTS 60.00 1-26-94 MEDICAL EMERGENCY 29582 C: * R * 1 '/1 SJTS 50aCO 1-27-94 MEDICAL EMERGENCY 8300 263RD ST. S·JTS 70.00 1-28-94 MEDICAL EMERGENCY C.R.. 75 (I MILE WEST) SJTS 40.00 2-1-94 MEDICAL EMERGENCY 30261 91ST AVE CITY 40.00 2-8-94 MEDICAL EMERGENCY HWY 23 & 1-94 SJTS 48.00 2-15-94 P~SS. CHH1NEY FIRE 7806 CoR. 75 (MIHELICH) SJTS 55.00 2-21-94 MEDICAL EMERGENCY 27 BEU1ARE DR. SJTS 45_00 2-21-94 CHIMNEY FIRE 12963 NORWAY RD. SWTS 103.00 2-24-94 MEDICAL EMERGENCY 9834 C.R. 138 SJTS 79.00 2-25-94 MEDICAL EMERGENCY 43 BELMARE DR. SJTS 68.00 2-25-94 MEDICAL EMERGENCY HWY 23 & BELCLARE LANE r'" Tf""I""I~ 63.00 ;:).Jl:;) .-27-94 DUMPSTER FIRE ST. BEN'S EAST APTS. CITY 61.00 '-1-12-94 MEDICAL EMERGENCY 28 2ND AVE S.E. CITY 55.00 3-13-94 MEDICAL EMERGENCY 8808 CRESTVIEW DR_ SWTS 78.00 3-13-94 MEDICAL EMERGENCY 27 WEST BIRCH ST. CITY 83.00 3-15-94 MEDICAL EMERGENCY 402 1ST AVE N.W. CrTY 48.00 3-17-94 MEDICAL EMERGENCY 30 ASH ST EAST CITY 40.00 ~ St. Joseph Volunteer Fire Department ST JOSEPH, MINNESOTA 56374 Office of the Chief EMERGENCY CALLS FROM 12-1-93 TO 6-1-94 DATE TYPE OF INCIDENT LOCATION OF INCIDENT PLACE COST ----------------------------------------------------------------------- 3-23-94 FALSE ALARM C.R. 51 SJTS 35.00 3-28-94 MEDICAL EMERGENCY 509 HINN ST. EAST CITY 81.00 ~:-30-94 MEDICAL EMERGENCY 9158 - 320TH ST. SWTS 48.00 3-31-94 MEDICAL EMERGENCY 10058 - C.R. 138 SJTS 56.00 3-31-94 MEDICAL EMERGENCY 33294 1121:1 AVE SWTS 64.00 4-5-94 MEDICAL EMERGENCY C.R. 75 & 88TH AVE S~TTS 66.00 4-9-94 MEDICAL EMERGENCY 29331 C.R. - SJTS 63.00 4-13-94 GRASS FIRE - 31197 l15TH AVE SJTS 63.00 4-13-94 GRASS FIRE 7341 RIDGEwOOD RD. SJTS 229.00 4-14-94 MEDICAL EMERGENCY 11400 C.R. 51 SJTS 55.00 L.-16-94 STRUCTURE FIRE 8549 RIDGEwOOD RD. SJTS 381 . (10 4-17-94 MEDICAL EMERGENCY 101 8 TH l-i VE S _ £ . t2ITY 38.00 Ä-lSo-94 MEDICAL EMERGENCY 11 Si.3RD A'IE S ~ E . C::IT'Y 60.00 4-20-94 GRASS FIRE 9897 328TH ST. SWTS 30.00 4-22-94 ~R'-- ~--- 35012 115TH ST. s¡..ns 165.00 u "ß'::'~ r l. .t"'...t!.. . -..-. -., MEDICAL EMERGENCY 2ND .t.. 'IE N. W . & E. A-n ,-~ CITY 32.00 4-:'¿~-·-::t4 .:,.n :::> 1 . .' ,,~, ~" T2EE HOUSE FIRE 103 COLLEGE AVE N. c: I T"'y~ 107.00 4-...:.:....;;;:-'::'4 ~-2.3-·9Ä (} R..~3S FIRE BEHIND DEL-WIN BALLROOM S.JT3 96.00 '-".- ~.- F ALSE i~ÃLARM 30796 JOSEPH S'I. ,~~~v 96.00 .:..t-~b-='.:.; ',_,J.. 1.. ~-2S-94 MEDICAL EMERGENCY 8943 C.R. ... ....., I CT~C 76.00 ~...>~.;. _....·1.....,,;. 4-29-94 MEDICAL EMERGENCY 8964 CRESTVIEW DR. S¡"JTS 32.00 - ~. ,....,. MEDICAL EMERGENCY 8635 CRESTVIEW DR. SWTS 89.00 '::--~-=*4 .... ,.., ,....., MEDICAL EMERGENCY 32 2ND AVE -=.E. CITY 40.00 '::--";;-':14 .- -. --. MEDICAL E~ERGENCY 22 BELMP.R ST.. :=; ,,) 1 ::> 53.00 ~-..:;- ~.:..;. 5·-9-94 MEDICAL EMERGENCY 11414 C.R. .' -- SJTS 45.00 5-10-94 MEDICAL EMERGENCY HWY 23 & 932D AVE ..- ....'T'- 53.00 .:::, I t -. ~ .~ 5-11-94 MEDICAL EMERGENCY 131.27 C.R. ISO S,JTS 63.00 S-14-94 MEDICAL EMERGENCY 30362 91ST AVE S~TTS 78.00 5-15-94 MEDICAL EMERGENCY 207 EAST APTS (ST. BEN'Sì CITY 47.00 5-15-94 MEDICAL EMERGENCY 9994 C.R. 138 SJTS 40.00 5-16-94 FIRE IN wALL 80 ARBOR ST. C::''rC:: 29.00 _'.J ~_ 5-17-94 MEDICAL EMERGENCY C.R. 3 (S. SIDE OF TRACKS) SJTS 79.00 5-19-94 MEDICAL EMERGENCY 119 - 3RD AVE S. CITY 58.00 5-20-94 CAR FIRE 1-94 ~ J:. .. BOUND LANE) SJTS 80.00 5-21-94 MEDICAL EMERGENCY C.R. 2 & C.R. 1~n SJTS 73.00 _t:>~ 5-26-94 MEDICAL EMERGENCY C.R. 4 SWTS 54.00 5-27-94 MEDICAL EMERGENCY 8635 OLIVE RD. SWTS 58.00 5-31-94 ELECTRICAL FIRE 909 EAST BAKER ST. CITY 89.00 5-31-94 DUtvlPSTER FIRE 124 1ST AVE S.E. CITY 56.00 TOTAL = $6275.00 -------- . - St. Joseph Volunteer Fire Department ST. JOSEPH, .MINNESOTA 56374 EMERGENCY CALLS FROM 12-1-93 TO 6-1-94 Office of the Chief FIRE DRILL HRS 1176 @ 5.00 5580,00 CHIEFS SALARY 450.00 ASSISTANT CHIEFS SALARY 210.00 SECRETARY SALARY 240.00 TREASURER SALARY 100.00 GRAND TOTAL = $12855.00 - --------- 30 CITY CALLS 45 ST. JOSEPH TOWNSHIP CALLS 12 ST" WENDEL TOWNSHIP CALLS ", 87 TOTAL CALLS FROM 12-1-93 TO 6-l-94 S1J£MI_TT~~ ). j /d!, . ~ '::'-'L' // .",,-. . ...-"tJ-f ;""'0;'\ ...... r ......~ RI'_..Ar;.u L F t!.lf FIRE (~HIEF . . . . COMMITTEE MINUTES CORE M;:¡v 3) 1994 -. . The CORE Committ.ee; a communit.y relations committee of the Communit.y a.nd City of St." Joseph. met on Tuesday; May 3; 199.1. 8t. 7:30 n.m. in Cit,v H;:¡ 1 1 .- - . . MEMBERS PRESENT: i. i nda Sniezek; Tillie Wasner; Ross Rieke. Donald Bud Reber; Rachel Stapleton; Brad Lindgren; Nelda Lampher; S Brian ~n;:¡in. Tr;:¡~v Logelin; Steve Dehler M;:¡rae - ,- -- i -" -" -_. -- I e~n i ck . St.;::¡m;:¡.te Sk;:¡l;:¡ri~. Steve Yuh8s; Pat Melvin. - -- -- .- ~ - - - J OLD BUSINESS MISSION STAT1='MFNT: The arOlln broke int.o o::::m;:¡ ì 1 groups t.o - . . discus.:::: the mission s£atement revi~ion. then each arOlln - - -- , - - - . discus.::::ed their t.hollaht.~ And t.he CORE Commi t.tee Aareed on t.he - . - - -'- . followina m1SS1on st.aT.ement. . - . - CORF COMMITTFF MI~~ION ~TATFMFNT The CORF Comm i t.t.ee; re.:::: i denT,S from st. .Joseph; The Co ì 1 eae of .. - ,c:.t. Reneri i ct. . ~t. ,Iohn , Ilniversity; anri City Officials; w;:¡s s . . . formed t.o encourag¡:a di;:¡loall¡::O .<I.nd i nt.er;::¡r.t. i on within our - .. . - - cnmmlln i t. i e~ It. serve~ AS A forllm 1n whir.h vi ,:.wpo i nt.~ CAn h,:. heArd And 8ddre~.::::er:l. Furt.her it. nrovide~ ;:¡n onnort.lln i t.v for ,- . , , . cooner At. i on ;:¡nd r.nor d i n;:¡t. i on nf Avent.s ;:¡nd Ar.t~ivit.ies . Our ~ - - ,-- -- -- - cnmmlln i ties 1 i v ¡:a svmbiot.ir..<I.llv. rer.ognize And unrierst..<Ind the - .. - - - - "J benefit.~ and responsibi1it.ies of this rel;:¡t.ion~hin. . --- - - --< .- The medi;;¡tion oronosAì w:;¡s postpnned until neyt. ve;:¡r. . --. -. - NEW BUSINESS BIJl)GET FOR THE COMMITTEI=': The enmmit.tee discussed t.n¡:a need for a hlHiaet. . Student ora;:¡ni 7.<1t. ion~ along wit.h t.he City - - - - - - - - -. - -+ - - - provirieri much of t.he revenlle neAdAd l.<l.::::t. VA.<Ir. The CORE . . Committ.ee agreed t.o r¡::O(1IIA~t. t.hat t.he C i t. V enl mc i 1 includA in - -, _. - - . . . . t.hAir 1<:195 ;:¡ nnll:;¡ 1 hi HiaAt. .<In :;¡mnllnt. which wOllld he . . _ _ M .<Innroy im;:¡t.A 1 v dnuble t.he tot.;:¡ 1 Axpendit.ure~ of this YA;:¡r. '.. - -- - .. ThA ~t,llrlAnt. ora;:¡n i 7;:¡t. i on~ wi 1 1 ;:¡ìsn be expect.ed t.o assist in - - - .---- fimrlina t.he neAris of t.he CORE Committee. - .. - - FAU_ COMMUNITY nAY: The Comm it. tee discu~sed t.he nAed t.o st.art. nlannina t.he F;:¡ 1 1 Communit.y n;:¡v The committ.e¡:a for .- --. - - .." nl;:¡nnina eomml nit. v rlav wi 1 1 be Lind81 ~nie7ek; Marge Lesnick; ,- -- - - . . . R.<Ichel Staplet.on; Pat. Melvin And s. R. N i t.hv if he is - . .<Iv:;¡ i 1 ab 1 e . . The Commi t.t.ee acknowledged th¡:a l¡:aadership development. of the arArllAt. i na senior~. The gener81 consensus on eVA lllAt. i na the - - . - - . - - - - nA~t. yeAr was that it. WAS A successful year ;:¡.nd t.h8t. t.he , . 8t.t. i t.udes Are r.hAnaina in t,he cnmmun i t.y . The retiring -. -- - - memher~ wi 1 1 heln t.he new memhers fnr neyt. veAr I inner ~t8nd . . , . t.he i r rnle this ' , ... There r:iisrussinn t.o on rnmm 1 T. '.' ee . w;::¡s some hrina in the new members e;::¡ r 1 ; er 1n the srho0l year to . - ;:¡r~lIaint. ' , wi t.h t,he r.omm i t. t. e e T.nem The neyt. meRt.ina wi 1 1 he held nn :;ent.emher h 1'1'1.1. at 7:30 n.m. wi t.n ,~ R N; t.hv ;::¡s rh;:¡;r ThA meet. ; n9 w;:¡s ;::¡rijnilrneri T.() en;n\Ì fA~ 1 (")wsn"in ;:¡nri J...' fnori ,~ne wnirn w;:¡o::; hrnl19ht ;:¡nri o::;h;:¡reri hv the memhers 0f t.he r0mm it t.Re in honnr nf t.he ret.irina memhers. . - -----, 0; ." i::; ~J~¿";.. /j '. / R";:¡rhe 1 .~t.;:¡n 1 et.nn Clerk/Ariministr;:¡tnr . . . . . Steven B. Dehler Minnesota State Representative House of - District 14A Stearns, Morrison Representatives and Benton Counties Irv Anderson, Speaker COMMITTEES: EDUCAll0N; HIGHER EDUCAll0N FINANCE; AGRICULTURE; GOVERNMENTAL OPERAll0NS AND GAMBUNG June 7, 1994 The Honorable Donald Reber Mayor of st. Joseph P. O. Box 668 st. Joseph, MN 56374-0668 Dear Bud, I'm enclosing a copy of a rough draft proclamation I'm putting together to honor Harold Klein. Please approve and add any . comments you wish and I'll then have it officially drawn up. Thanks for your help and I'll look forward to hearing from you. Sincerely, -Jr----/ /J}!~ ./ steven B. Dehler State Representative District 14A SD/bmc Ene. . , 31 West Minnesota Street. Box 129, St. Jose h. Minnesota 56374-0129 612 363-8778 State Office Building, St Paul, Minnesota 55155 (612) 296-7808 House Fax (612) 296-1563 TDD 1-800-657-3550 Toll Free 1·800·657·3763 "', S~2 WHEREAS Harold Klein served his country in the U.S. Army during - World War II. WHEREAS Harold Klein has shown himself to be an exemplary citizen of st. Joseph by: Keeping the streets and ditches clear of large debris and aluminum cans. Collecting annually over 200 pounds of aluminum cans and donating them to the Salvation Army or the Sacred Heart School in Sauk Rapids with the help of his friend, Eduard Schneider. Donating books to the local schools and parish. Yearly supplying calendars from area businesses to the veterans' hospital. Sharing food with the needy through the food shelf. visiting neighbors and friends for over 60 years. Anonymous philanthropic endeavors. . WHEREAS Harold Klein exemplifies the good heart we all should have. ,/ I "( ;, , " "- """ '- (.J <: (. ~- t c..'·f c:__ ~.~- -~- ¿ -[,: ~\. (I:: C :'1- '. . / u ~/rij J~ I ~ c.n--þ...~ ~ ~~r~f . I'~ ryr-V\ .' . , JL (~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke First Avenue NW Bob Loso ,0. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363-7201 City Clerk/Adm FAX # 363·0342 CITY OF ST. JOSEPH Rachel Stapleton TO: Honorable Mayor and City Council FROM: Mike Sworski, Maintenance Department RE: Guidelines for Planting and Maintenance of Seedlings Required maintenance for these seedlings would involve: ......Watering "*..Tillage """Proper pruning """Staking as necessary This maintenance would involve approximately five ( 5) hours of labor per week, and would occur if and when necessary April through October. In my personal opinion, we should not invest the time or money if the right care is not given. To make the most effective growing conditions, the soil - should be tilled several times during each growing season. This keeps grass and weeds from restricting the growth of - these seedlings during their most critical time. TREE PLANTING DIAGRAM AND DETAILS X X X X X X X X X X X X X X X X X X X X Approximately 250'Long Approximate y 5'Wide .. 490 - 500 Seedlings planted .. 9 Rows of trees .. 55 Trees per row ..-.. .. 8' Spacing between rows .. 4-6" Spacing between trees - .. 16,250 Total square footage required Placement of larger trees would occur in Centennial Park with a few additional trees in Millstream Park. These trees will replace any that might have died or been taken down in years past. We also have a few ash trees along the campsites that should be spread out. . . . . - - D,epartment Head Meeting '3:00 AM June '< 1994 ~, Judy if- Council approved purchase o:f new computers/software :for the City Offices. '* Council also approved purchase of gauge :for Maintenance Dept. if- Council authorized expenditure of $125 for flowers to be planted along the south side of Minnesota Street to enhance the Beauti:fication Project. 'I> Mayor Reber has received the dimensions of the Krebsbach property selected as a possible site for the new fire hall. 'I> Central MN Consortium on Violence Prevention will present information at the next regarding their functions in the community. 'I> Council discussed the NEWSLEADER and recent inaccuracies therein. '* Mayor Reber is sending APO's Bill Hanson a letter regarding a recent proposal by the CSB of an alternate route for the proposed roadway through their property. * Councilor Loso reported tha"t. a cement pad will be installed surrounding the Centennial park shelter for a five foot distance from the outside walls. '* The Planning Commission w; ! 1 be approached regarding a Special Use . Permit for a directional sign to be constructed near the Maintenance Building. '* Council decided to correct the cement pad outside of City Hall in conjunction with the City's efforts tG ful:fill the ADA requirements. '* A new slide was installed in Centennial Park on Thursday, June ..., .0:;., 1994. * Councilor Hiemenz addressed a resident complaint regarding excess rubbish near their residence. Council instructed t..he Cìtv Of:fices tCI take the necessary measures to :r-esolve the issue. '* Steve Dehler discussed hook-up fees for the Linnemann Inn. City Offices will check on the status of this mat..ter. '* Council approved Watab Creek Whitetails· Club gambling license. '* Council discussed non-discrimination policy and wish to verify penalty. if- Council elected to increase the deductible for Worker's Compensation, therby lowering the premium paid. if- City Engineer Joe Bettendor:f will be investigating the erosion problem in Morningside Park. Council also discussed the seedlings planted in Morningside and the size o:f horseshoe p"¡ ....C' in the City . .... \--.. parks. if- Council discussed Noise Violations issued to rental units owned by Mike Deutz and Tony Pelzer. if- City Council and Police Department will meet on June 14, 1994 at 3:QO PM. City Council and local bar owners will met on June 14, 1994 at 3: 30PM. . if- Councilors Rieke and Loso will review other applications for temporary park laborer position if necessary to hire additional help. '* Ordinances 107 and 35 were- approved as amended. These ordinances regulate dumping of debris. ~ - *' Discussed Linnemann Inn parking lot plan. Plan was rejected by Planning Commission, then forwarded to Council for review. City Offices will check on status of this issue. *' Leaf Burning Ordinance is to be dropped from Old Business. *' ADA may be removed from Old Business as a plan has been determined. * Park Board is considering purchasing bleachers for Memorial Baseball Park at a cost of $13,900, plus $1600 for installation, and an additional $2100 for a cement pad. Additional funds are being sought for this project. '" Mayor Reber reported on a recent meeting with some residents of the Southeast side concerned with rental housing issues. Discussed possibility of raising rental registration fees to pay for employing extra security at peak party t·imes during the year. Another meeting '....ill be scheduled with residents and landowners at a later date. -. - . . . . . June 7, 1994 The Honorable Donald "Bud" Reber Mayor of st. Joseph st. Joseph, MN 56374 Dear Mayor Reber: On June 6, 1994, I attended a planning commission meeting. You were there and witnessed my problem. with this letter, I am asking if you will get authorization from the city council to get some clarification from your city attorney as to the following questions or statements: . 1. In a letter dated April 8 from Rachel Stapleton to Brad and me, there were six items requested. I responded to all requests. Does it matter whether the requests were answered the way the Planninq Commission wanted them to be answered or is a response a response? The last item, signage of parking lot, was answered to the effect that fire lane signs will be installed to the approval of the fire chief but no other indicators will be used to tell who to park where. Is this not an answer? Tonight I was told since I don I t have the signs yet and they are not installed, then the Planning Commission could not approve the plan. What is a plan? Is it not a plan? Can not the plan be approved prior to the fire lane siqns beinq installed. In January, 1993, when the parking was approved, the fire lane was not even an issue. Does the orderinq of the installation of a fire lane and its subsequent siqninq have to be approved by the Planninq Commission in an approved parkinq lot? 2. The type of surface which I indicated was crushed rock. Why can the city use Class 2 crushed qranlte in all of their parkinq lots and I am unable to? Does the city have separate requirements for park property than for private property? I spent $1000 putting Class 2 crushed granite onto a 24-year-old parking lot that had a Class 5 base. What did I do wrong? Is there a product on the market called treated crushed rock? What is it treated with and where do I qet it and is it environmentally safe? The powder that . came with the crushed granite has subsequently created a bonding agent which, after having been rained on several times, has produced a firm, hard surface. . I 4. ., Page Two 3. The st. Joseph Code of Ordinances 52.13 subd. 5 requires that a parking lot plan be submi tted and approved by the Planning Commission before construction. What is the attorney's interpretation of the word "construction" in this section? I interpret it to mean the construction of a parking lot. What is meant by the word "plan?" What is meant by "submitted?" What is meant by "approved?" What is the interpretation of the attorney as to what haven't I done that is required of me and why is it so difficult to be "approved?" We have been bantering since May, 1993 following "a question that had been raised." Can we put it to rest? I have 28 designated parking spots drawn on the submitted plan. The zoning ordinance requires me to have 18. I have indicated and accomplished the resurfacing of a 24-year-old lot with Class 2 crushed granite. I have an approved plan from the Fire Chief as to the location of a fire lane. I have ordered but not yet received the fire lane signs through the fire chief/maintenance chief, Dick Taufen. What more does our ordinance reauire of me that I have not done? Why can I not get an approval from the Planning Commission? Lastly, is the Plannina Commission allowed to make a decision on an issue brouaht UP under "old business" by the chair? - As you witnessed tonight, I am frustrated! Thank you for your ~ consideration. SinC]b- steve Dehler P.S. Yesterday was D-Day's fiftieth anniversary. An anniversary which celebrates the courage and patriotism of the soldiers who fought for our freedoms. Tyranny is the lack of respect for the written law. Tyranny was defeated on D-Day. America's freedom stands as a beacon of hope to the world. God Bless America! cc: John Scherer Members of the Council Members of the Planning Commission Rachel Stapleton Dick Taufen, Fire Chief . . ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz 21 First Avenue NW Ross Rieke 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 Apr il 8, 1994 Mr. Steve Dehler PO Box 129 St. Joseph! MN 56374 Mr. Bradley Lindgren 140 - 6th Avenue NW 5t. Joseph, MN 56374 Dear Steve and Brad: . As you are aware! the City Council has been requesting a detailed parking plan for the Linnemann Inn. The detail~d plan must include the following: ** Building Location ** Exact footages and measurements of parcels ** Proposed parking area wi th dimensions of parking stalls ** Location and measurements of the Fire Lane ** Type of surfacing proposed ** signage of parking lot 5t. Joseph Code of Ordinances 52.13 subd 5 requires that a parking lot plan be submitted and approved by the Planning Commission before construction. The Ordinance further clarifies that no such land shall be used for parking until the plan has been approved. Therefore, the City Council IS requesting that a parking lot plan, as described above, be submitted to the City Offices no later than April 15, 1994. This matter will then be. placed on the April 21 , 1994 City Council agenda. Failure to comply with this request will result in the . closure of the parking lot, with the lot being barricaded and . , . . . . Dehler & Lindgren April 8 , 1994 Page -2- cars being ticketed. Additionally, the City Attorney will be instructed to draft a complaint charging you, the owners, wi th a violation of the Zoning Ordinance. I f you have any questions, please feel free to contact the City Offices. Sincerely, Rachel Stapleton Clerk/Administrator . RS: jw cc: John Scherer Mayor Reber Members of the Council . '. . , . . T RAJKOWSKI HANSMEIER LTD. Allorllel¡S at Law Reply to: st. Cloud ST. CLOUD May 13, 1994 11 Seventh Avenue North P.O. Box 1433 SI. Cloud, MN 56302-1433 Mr. Bradley J. Lindgren 612-251-1055 Chief of Police 800'445'9617 st. Joseph Police Department FAX 612'251'5896 st. Joseph, MN 56374 Mr. steven Dehler MINNEAPOLIS P.O. Box 129 2904 Plaza VII st. Joseph, MN 56374 45 South Seventh Street Linneman Inn Re: Minneapolis, MN 55402-1620 Our File No. 16,395 612'339'9206 800'445'9617 Dear Brad and steve: FAX 612'251'5896 . Your parking lot plan was considered by the Planning Commission. It is my understanding that three concerns remain: FRANK r RA/KOWSKI . 1. The parking stall designation was not present. In GORDON H. HANSMEIER other words, there was nothing to indicate the FREDERICK L GRUNKE manner in which cars should park within the lot. THOMAS G. JOI'ANOVICH striping is not necessary, but some signage, curbing or other marking should be installed to JOHN H. SCHERER give direction with regard to parking. PAUL A. RA/KOWSKI KE\'IN F. GRA Y 2. Fire lane designation is not present. We would WILLIAM r CASHMAN recommend signage indicating the location of the DAVID T. SHAY fire lane and the prohibition regarding parking. RICHARD w. SOBAL\'ARRO 3. There is concern that the material used was some MICHAEL c. RA/KOWSKI not "dust free" . There should be further confirmation as to the type of material used and its classification as "dust free". JAMES H. KELLY, M.D., F.A.c.p, It is my understanding that you are in the process of MEDICAL CO:\,SClTA;..¡T addressing these issues with the Planning commission. GORDON H. HA:\'5~IElER 15 AD~nTfED TO PRACTICE After a decision is made as to the manner in which you will address these concerns, the amended plan should be ¡;..¡- NORTH DAKOTA A:-\O \VISCO;\;SIN, resubmitted to the Planning Commission for approval. PAUL A. RAJKOWSKI N \VISCOXSIN . WILl/A'! J. C."HMA" I" SoUTH DAKOTA. I would request that approval be secured no later than ., MEMBER OF A\IERlCAN the Planning Commission meeting scheduled for June 6, BOARD OF TRIAL ADVOCATES. 1994. . . . . 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 present steve's proposal to the City Council whereby additional 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 (September 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. ~-L ay/ John H. Scherer . JHS/baz Enclosure cc: Rachel Stapleton City Clerk L:\gen\16395\af051394.011 . T ~' ,- . . , . V DONOHUE RAJKOWSKI L T D. Attorneys Ilt Lllw Reply to: St. Cloud ST. CLOUD 11 s.v.nlh Avenue North p. 0. Box 1433 May 5, 1993 SI. Cloud. MN .563D2·1433 6U'2S1'1055 800'445'9617 FAX 6U·ZSI·5896 Ms. Rachel Stapleton MINNEAPOLIS St. Joseph City Clerk Administrator 2904 PIAU VII City Hall P.O. Box 668 4S Soulh Sevenlh Street St. Joseph, MN 56374 MIn....poIi.. MN S~2·1620 6U'33909206 RE: Boarding House 8000445'9617 Our File No. 15,692 FAX 6U·339·.¡775 . Dear Rachel: , FRANK J. RATKOWSKI I have prepared this letter to respond to a question GoRDON H, HÆNSMEIER raised with respect to the lodging house being FltlDlRICK L. GRUNKE developed by Steve Dehler and Brad Lindgren. THOMAS G, /OVÆNOVICH " JOHN H, SCHERER It is my understanding that the matter has been before PAUL t\, RATKOWSKI the Planning Commission and the Planning Commission has KEVIN F. GRAY determined that the proposed lodging house is a permitted use in a general business district. Therefore, I will not address that question. WIWAM J. CMHMAN DAVID T. SHAY The Planning Commission did have a questio~ as to what CAROL t\, STARK should or should not be required as far as off street RICHARD w. SOBALVARRO parking. It is my understanding that a parking lot is MICHAEL C, RA/I<OWSI:l adjacent to the structure which will provide enough t\. CHAD McKENNEY parking spaces. The specific question has to do with the requirement of paving and striping of the parking MOCLY J. WINGATE lot. MICHAEL H, DONOHUE In this regard, I would refer ,you to Section 52.13 OF COUNSEL Subd. 5 of the Code of Ordinances found at page 98. This sets forth the requirements for a parking lot in /AMES H, KELLY. M.D., F.t\,C,p' the district where off street parking is required. The MWICAL CoNSULTANT area where the lodge will be situated falls within such ~ H. HANSMEIER IS ADMnTEO TO PJIACTICE a district. IN Notn'H D.\ICOTA AND WlSCONSlN. PAUL A, RAII<OWSKIIN WISCONSIN. , CAIIoL A, ST.....IN ILLINOIS AND MJ!I5OU&1 IoNII WII.LLUf ~ CASHMAN IN SOUTH CMWYA. ft"' -- . . . Ms. Rachel Stapleton May 5, 1993 Page -2- The ordinance requires the Planning Commission to approve the parking lot before construction is started. The parking lot must have a useable dust proof surface which may consist of concrete, black top or properly treated crushed rock. If the proposed parking lot will have any of the three permitted surfaces, the planning Commission should approve the plan. The Planning Commission may not require concrete or tar if the property owner proposes to use treated crushed rock. There is no requirement that there be any striping of the lot. This may not be required by the Planning Commission. Essentially, the Planning Commission should determine that the requirements of Subd. 5 are met. It is not up to the Planning Commission to place any more restrictive or burdensome requirements on the lot. Let me know if you have any questions. ':i¡ Very truly yours, DONOHUE RAJKOWSKI LTD. . , JHS/jck L:lgen\15692\aIDSOS93.011 "? \ t . ~ . W . I . .- City Council Follow-up June 3, 1994 V Contact Joyce Belford for agenda time on the June 16, 1994 City Counci I Meeting. vlfÞr í?? ~ Make corrections to letter to B. Hanson, change second desireable (Ø/3/C,¿" ,¿ Notify property 'owners by Sue Karnik about the rubbish, and the ~~ !~ City will remove if owner does not. ~ Check with John Scherer on the status of the Linnemann Inn hookup fees and parking lot. ~ Check on the Non-discrimination policy and the fines associated with. Add policy to personnel policy. if/¿"(1{ ./ Notify insurance company of the change in deductible, from 1,000 to 2,500. . ¡ÿ:' Notify Mike Sworski that the Council would still like him to review the tree plan. (Ph. ¡C¡<! ~ Prepare agenda for Police/Council, Council/Bar Owners joint meeting, June 14, 1994. ~/(pe:¡c/ ~ Send Ordinance .Amendments 107 & 35 to the Times for publ ication.~,l b/ '7/ ~ Notify John to proceed with Northland III park designation as he requested. -vf Contact John Scherer with regard to the status of Ross Rieke's fence. /ply (t;y . , ---; b '145 - LAKE ( ....~-- _J ~ U~ " ¡\I"~'''!l(~r ~ '-/ ~' "-r~ - - ". , Pj~!..._-~ :. ~"-_./ u.:... ( . o ,North JakeYllI. o . Gilman " r ~ 51 St~ph..n . - .~-+~--~ '~ A r t ? "" r', 8i~ fUr.-'J '-1'~1! ¿p / ""'\-, ,j" (,~~ -1~' ) /) r - - mh"", / - ':' 8Î1f_¡:-,;"'~- ~i'~ ;;f~, \_<>_. J4.10...:l. .."" { ,"\ r t?"' ^' BN MAP NO. MN:23~3 (,Opi8S of the él.bovp. map and utller inclividualline maps in blacl< and white are available upon request. Also, a l1'1ohlet containing black and white maps of the entire BN system diagram map is available as is a color-coded . lT1ap of the entire BN system, Maps may be obtained by addressing a request to Mr. Richard A. Batie, M~uI3qer. Frallchise Development, Burlington Northern Railroad Company, 2900 Continental Plaza. 777 Main 3Ir(~et. FOlt Worth. Texas 76102 BURLINGTON NORTHERN RAILROAD COMPANY Pllblish: "lune1 0, 1994 .~...~~~~,~~~~._~~ . n - .- - ~ - -. - . -" -.. - _______.___.____ _ ~_________u_ _______..._______----- ..-- , . .>" . . . . , . 1994. June to) 1994. Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June þ/ ·994. 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, Andy Brixius, Kurt Schneider. Council Liaison Ken Hiemenz. Secretary Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Paul Pilarski, Steve Dehler, Bob Borresch, Craig Fouquette. Paul Pilarski - Public Hearin~: Chair Klein called the hearing to order at 7:30 p.m. The purpose of the hearing is to consider two req uests for variances to allow for the construction of an accessory building. The first request is to consider an eight foot variance on the side yard set back, in an R-1, single family zone. Zoning Ordinance 52.16 subd 6(a) requires side yard setbacks to be thirty (30) feet from all public right-oi-ways, unless 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure. The second request is to consider a request for a one hundred (100) foot variance on the size of an accessory building in an R-1, single family zone. . Zoning Ordinance 52.16 subd 4.(e) allows a maximum area of 900 square feet for a garage or accessory building. The property is located at 300 Minnesota Street East and legally described as follows: S ectio n 10, Twp 124., Range 29. .65A of NE4.SE4. The request for variance has been submitted by Paul Pilarski, 300 Minnesota Street East, St. Joseph, MN 56374.. Paul Pilarski spoke on his own behalf. Mr. Pilarski stated that his proposal includes the demolition of the existing single car garage and the construction of a triple stall garage, 1000 sq uare feet. The garage would include a workshop where he could do welding. The new garage would be further away from the street than the existing garage. Commissioners stated that the recent remodeling of his house has improved the property and felt that the req uest for variance of the side yard setback was appropriate. When asked why he didn't set the proposed garage even with the set back of the house, Mr. Pilarski stated that air flow to the house would be obstructed. The house is only eleven (11) feet from the proposed garage. Chair Klein opened the floor for questions îrom those present. Steve Dehler questioned if the Planning Commission had set precedence by granting variances on the maximum area in prior years. Commissioners stated that they have granted variances if they applied to the req uirements as laid out in the St. Joseph Code of Ordinances. Commissioners Brixius and Schneider discussed with the Commission the maximum area allowed and if the parcel in question is large enough to support a larger garage. St. Joseph Code of Ordinances limits the total lot coverage for accessory buildings to to eight (8) percent of the total lot area. With that -~ , in mind, Mr. Pilarski only has enough property to support a 900 squate foot , ) _ garage. Brixius made a motion recommending Council approval of the eight (8) foot . variance as requested. Recommended approval is based on the following findings: 1) St. Joseph Code of Ordinances 52.7 subd 2(a) - That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning distI"ict. a) The proposed new construction would improve the eyjsting conditions. b) Req uesting the petitioner to abide by the setback requirements would impair an adequate supply of light and air to the main structure of the property Additionally, the req uest for variance on the maximum allowed area for an accessory garage is being requested to be denied. Denial is based on the lack of findings that would allow such a variance. The property is not large enough to support the additional 100 square feet. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Lesnick, Sniezek, Brixius, Schneider, Nierengarten, Hiemenz. \Jay es: None. Motion Carried 8:0:0. The hearing was closed at 8:05 p.m. Bob Borresch - Flea Market. Building Expansion: Bob Borresch appeared before the Commission to discuss the possible building expansion for his property located on CR 75 and Ridgewood Road. Mr. Borresch stated that the - proposal includes the construction of a storage buüding 40' x 50', 16' in height. In addition, Mr. Borresch is seeking approval for the operation of a - flea market. Commissioners informed Mr. Bonesch that his proposals reg uire a special use permit because he is seeking a building permit in an Industrial Area, and req uesting an expansion of his existing business. .~t the time of application for a special use permit, the plans must be drawn and submitted to the City Offices no later than one week prior to the hearing. Hiemenz requested Mr. Borresch to verify the railroad right-of-way beÌore the hearing. The pUblic hearing '.viti be scheduled for July 5, 1994. Craig Fouo uette: Mr. Fouq uette appeared before the Commission to discuss the advertising sign by his business located near CR 75 and Ridgewood Road. The sign is a car that has been painted yellow. .'v1r. Fouo uette explained to the Commission that since the re-designing of County R.oad 134, it -has been hard to direct traffic to his business. Therefore, a creative sign is needed to draw attention to the building. Commission members empathized with Mr. Fouq uette, but stated that the sign did not fit the reg ulations as outlined in the St. Joseph Code of Ordinances. Mr. Foug uette stated that he would remove the sign immediately. Commissioner Kalinowski questioned Mr. Fouq uette as to the operation of an antiq ue store at his business location, and if a special use permit would be req uired since it is an expansion of the business. After discussing the matter, Mr. Fouq uette stated that the antiq ue operation is not a large portion of the business and most likely will not be continued. Approval of Minutes: Kalinowski made a motion to approve the minutes of the May 2, 1994 Planning Commission as presented; seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Brixius, Schneider, Nierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0. Enabling Ordinance: After reviewing the revised Enabling Ordinance, -þ ,. #- t ". "" Kalin~wski' m~de i motion recommending Council approval of the Enabling ~ Ordinance as revised by the City Attorney. The motion was seconded by . S niezek. Ayes: Klein~ Kalinowski~ Sniezek~ Lesnick~ Brixius~ Schneider~ Nierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0. Nuditv Ordinance: After reviewing the revised Nudity Ordinance, the Commission requested a public hearing be scheduled July 5, 1994- at 7:00 p.m. As stated by the City Attorney ~ any changes to the Zoning Ordinance req uire a public hearing. Linnemann Inn Parking Lot: Steve Dehler questioned the Commission as to the approval of the parking lot plan submitted to the Commission. Commission members stated that the plan was not approved due to deficiencies in the plan. Klein stated that the surface material is not dust free. Dehler responded that the material is a class II rock~ and is the same material the City uses for parking lots. Additionally, Mr. Dehler felt that he couldn't put any treated material on the surface without facing possible problems with soil contamination. Commissioner Kalinowski questioned the designated parking stalls and how that would be accomplished. Mr. Dehler stated that his plans did not include any marking. He felt that if he placed markers with signs in the parking lot he would be creating a liability issue for himself. After a lengthy discussion Klein reg uested that Mr. Dehler be placed on the agenda for the July 5, 1994- meeting if he wishes to have this matter resolved. Additionally ~ it is the impression of the Commissioners that Mr. Dehler is not making an effort to comply with the Building and Zoning Ordinance. City Advertising Sign: Hiemenz informed the Commission that the Council is in the process of constructing a sign for the City Wastewater Plant, Maintenance Department, Boy Scout ßuilding~ and Shannon's Upholstery. After reviewing the Ordinances it was determined that the sign is classified an advertising . sign~ which is only permitted by special use. The Commission scheduled a hearing for July 5, 1994-. Ad journ: Nierengarten made a motion to ad journ at 9:45 p.m.; seconded by Sniezek. Ayes: Klein~ Kalinowski~ Sniezek~ Lesnick, Brixius~ Schneider ~ Nierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0. î 9dj aJPf4¿pÂ ·Tl1e request of Paul Pilarski for a variance requests came before the v_ Planning Commission at a public hearing on June 6 , 1994. The purpose f I,. .. of tl1e héar1ng'was to consider two requests for variances to allow for construction of an accessory building. .- The first request is to consider an eight foot variance on the side yard set back, in a R-1, Single Fami 1 y zone. Zoning Ordinance 52.16 subd 6(a) requires side yard setbacks to be thirty (30) feet from all public right-of-ways, unless 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure. The second request is to consider a request for a one hundred (100) feet variance on the size of an accessory building in a R-l, Single Fami I y zone. Zoning Ordinance 52. 16 subd 4(e) allows a maximum area of 900 square feet for a garage or accessory building. In consideration of the information presented to the Planning Commission and its appl icatïon to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: 1. St. Joseph Code of Ordinances 52.ï subd 2 (a) : That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. . 2. St. Joseph Code of Ordinances 52.ï subd 2 ( d ) : The proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values within the surrounding area, or 1n any other respect impair the public health, safety or welfare of the residents of the Ci ty. ßased upon these findings, the Planning Commission recommends approval for the eight ( 8 ) foot variance on the sideyard setback. 1. The proposed new construction would improve the existing conditions. 2 . Requesting the property owner to abide by the setback requirements would impair and adequate light and alr supply to the property. Add i ti onall y, the Planning Commission IS recommending denial of the 100 foot variance on the maximum allowed area for an accessory building. Denial is recommended based on the lace of findings that would allow such a variance and the property 1S not large enough to support the additional 100 square feet. These findings and recommendations were approved by a vote of 8 to 0 by the St. Joseph Planning Commission this 6th day of June 1994. ~øz ~¿~ udy eyrens Secretary of the Commission - . . , . . MEMO . DATE: June 7, 1994 TO: City Council Members FROM: Dick TauÏen, Public Works Director RE: Ceiling Mount Screen After discussing with Councilor Hazen the thoughts of the Council WIth regards to the ceiling mount overhead screen I researched the matter further. In doing so, it is my opinion that the screen currently owned by the City would not ·work as a ceiling mount ÎOf' the following reasons: 1 T ~ the legs 1.ver e removed, the mechani sm that holds 1 . ' . the screen open would come oÎÎ with the ¡o"''O "''-0''-'· 2 . The screen 1S sprIng loaded and when pulled out 1-1-- must be hooked or attached to something to keep - ~ it open. I t would nr\T be impossible to mount the . ....' screen, . eXIscIng however it might be awkward and clumsy. In considering all the options, I have also included for your convenIence prices for a ceiling mount screen. Please contact me if you have any additional questions. . t ( . ì5,Ç;i"~t, ~.:o;~_e"E-.".c~. ~~~z;1!~t . Apollo E. TRIPOD SCREENS-Heavy-duty matte white tripod screens. Designed with screen material tension device, leg lock mechanism A. COBRA PORTABLE OVERHEAD PROJECTOR- ïwo-piece design and a kevstone eliminator which allows the screen to be tilted forward allows instant set·up and storage in a standard carry case which has to elimlnáte picture distortion, 1 each per carton. room for transparencies. supplies and standard spare lamp changer Size Weight Each cartridge. Features 11.Z" x 11.2" stage aperture for use with large 50" x 50" .......................14 Ibs............M1-0T5050...................S174.00 transparencies. Constructed with standard three-element lens system 60" x 60' .......................19Ibs............M1-0T6060................... 189.00 for extra sharpness and over 3,000 lumens for brightness. 6"L x 70" x 70" .............,:........22 Ibs ...........M1-0T7070................... 233.00 ZO"W x 11"0. 7.75 Ibs. 1 each per carton. M1-VS3000 .....................................................................each $685.00 B. ECUPSE PORTABLE OVERHEAD PROJECTOR-Ideal for use with F. WALL SCREEN-Sturdy metal steel case construction. Heavy·duty LCD panels. Projector features easy-touch orVoff button, user friendly matte white screen, Mounts easily to the wall or ceiling, 1 each per graphics, easy set·upltake-down, elevating leg for leveling adjustment carton. and over 3,000 lumens light output. Safety mechanisms include inter- Size Weight Each lock switch that cuts off power when lid is open and a thermal cutoff 50" x 50" .......................10 Ibs............M1-PW5050..................S 92.00 switch to prevent overheating. Dual lamp change system, Includes 60" x 60" .......................14Ibs............M1-PW6060................., 116.00 vinyl cover, handle for carrying and cord storage area. 1S"L x 1Z"W 70" x 70" .......................17 Ibs............M1-PW7070 .................. 148.00 x 7"0. 19.8 Ibs. 1 each per carton. THREE YEAR MANUFAC- 84" x 84" .......................22 Ibs............M1-RW8484.................. 259.00 TURER WARRANTY. 96" x 96" .......................26 Ibs............M1-RW9696.................. 339.00 M1-AI-2004 ........................ ........' ....................................each S422.00 C. ECUPSE OVERHEAD PROJECTOR-Features light output of over G. UGHT BOX-View slides, transparencies and more. Sturdy con- 3.000 lumens for brightness, ideal for LCD panels. Arm folds 'down for storage. Easy-touch on/off switch, elevating leg for leveling adjust- struction with on/off switch. 9 Ibs, 4 each per carton, ment and ultra·cool projection stage. Has the same safety features ,as M1-LB1 00 .......................................................................each 5139.00 (B). Includes convenient cord storage area. 1S"L x 12"W x 7"0. 19.8 Ibs. 1 each per carton. THREE YEAR MANUFACTURER WAR- RArITY. Quartet M1-AI-2000 .....................................................................each $339.00 D. BASIC OVERHEAD PROJECTOR-Extra-bright 60o-watt 75-hour H. New DELTASCREEN-Portable and sets·up in seconds. The lamp. Ultra-cool operation. Wide angle lens, external lamp aåjust· screen is supported by the barrel casing that rests on the floor. ment, tilting head and safety lock that automatically shuts power off Constructed of a chromed steel pillar with patented twist-lock device, when lid is opened. Closed size:12'h" x 14" x 10". 171bs. Metal finish durable injection-molded end caps and handle and matte white rein- in gray with red accent stripes, forced PVC screen. Screen size 60" x 60"; full height 96", M1-AI-1000 .....................................................................each 5279.00 M1-500S ..........................................................................each $595.00 564 Prices Subject To Change . , , .¡ . " ~ . ¡ ê' ~ ~, ~ ''0'- \.... ~ ~ ~ ~ N ~ ~ ~ ..; '-..:J '" ~ ". ~ X: ~ ~ ~ ~ 0': ~. . ~ ~ --\ ~ ~ " ~ . ~ : ""-... '''-:. ,}.~ ~. 0' ~~. ~ ~, ~ \.1'- ,,~ _, '''ó ~ ~ """" ' ""., ,...... ~ \ ""J...... ... ('." ~ ~ ' ,t-.. ' ~ "',' V . - : ~ \. 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