HomeMy WebLinkAbout1994 [08] Aug 18 {Book 06}
C~TY CUUNC~L M~~~~Nb
August 18, 1994
7:00 P.M.
AGENDA
1. Call to Order
2. Approve Agenda
3. Approve Minutes - July 28, August 4, August 11.
4. Treasurer's Report
5. Bills Payable
6. Mayor Reports
7. Council Reports
. 8. Department Heads Reports
a) Acting Chief - Jeff Young
9. Clerk/Administrator Reports
a) Refuse Contract.
b) Water Permit
c) Apartment Repairs
d)
10. OLD BUSINESS:
a) Linnemann Inn Park f) Northland III
b) Access Channel Equip. g) Comprehensive Plan
* c) Sidewalks * h) Dog Ord. Amend.
d) ROW Property Request i) Shared Ride Taxi
e) Police Chief Contract j) Audit utility Acc'ts
11. 7:30 p.m. - Special Use Request - Joe Miller
12. 7:40 p.m. - Variance Request - Rosemary Meyer
13. 7:50 p.m. - HRA Request
14. 8:00 p.m. OPEN TO THE PUBLIC
15. Recess
16. 8:30 p.m. city Engineer Reports - Joe Bettendorf
a) Northland III
b) Pretreatment Program
c) Water System
d) Abandonment of Railroad
e) Millstream Park
f) East Minnesota street Project
17. 9:00 p.m. Dave Hiedeman & Chris Ver10w - Summer Recreation
18. 9:15 p.m. Steve Hennes, Whitney Senior Center
19. 9:30 p.m. Pat Schneider
20. Adjourn
L ~ Mayor
Donald "Bud" Reber
Councilors
Ken Hiemenz
_ First A venue NW Ross Rieke
.0, Box 668 Bob Loso
St. Joseph, Minnesota 56374 Stephanie Hazen
(612) 363·7201 City Clerk/Adm
FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton
ADMINISTRATOR'S REPORT TO COUNCIL
DATE: August 15, 1994
TO: Honorable Mayor and
Members of the Council
FROM: Rachel Stapleton ~
Clerk/Administrat
2 . Correct Agenda to include the Boy Scout Building under Old
Business.
'=< Corrected minutes of the July 28 and August 4 meetings are in
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your packet. Draft minutes of the August 11 meeting will be out
this week.
. 8 a. Jeff Young will be reporting for vacationing Brad Lindgren.
9 a. The Refuse contract will expire December 31. In 1991 we
called for various proposals from the Refuse Services. There are
more requirements in effect currently, that will have to be
addressed, such as mandatory recycling. Shall we survey what
services are available and prepare requests for proposals to be
sent to the haulers? Enclosed for your information is the current
contract. Also in your packet is a copy of the resolution Stearns
County is requesting support, for your consideration for approval.
9 b. Ed Merkling is requesting a permit to haul water for the St
Joe Turkey Farm. He stated that this is an open request to provide
for emergencies or other needs of the farm. In the past they have
hauled water to cool down the turkey's in hot weather.
9c. The Maintenance Department has made the repairs to the
apartments as required by the Rental Housing Inspector. He has
approved the repairs and issued the Rental Housing License. We
have a unit in Apartment #2 that includes the sink, refrigerator
and stove. Thisequipment is very old and the faucet still drips
a little after repair by maintenance. They felt it would be ok.
10 c. Map is in your packet for you to draw your proposals.
10 h. John Scherer will be sending out an amendment proposal to
control dog waste and require owner to clean up after their dogs.
. 11, 12, 13 These items are being heard at a special meeting of the
Planning Commission tonight, August 15.
17. A summer recreation wrap up will be presented.
18. This is in response to the letter of request from the last
meeting.
Å/ ~ Mayor
Donald "Bud" Reber. ,
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Councilors
Ken Hiemenz
21 First Avenue NW Ross Rieke ·
P.O, Box 668 Bob Loso
St, Joseph, Minnesota 56374 Stephanie Hazen
(612) 363·7201 City Clerk/Adm
FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton
19, Baseball report.
Also in your packet please find:
Minutes from the Planning Commission meeting of August 1.
Minutes from the Department Head meeting of August 5 .
Water credit report from 1992.
Information Ken brought from the League meeting.
A copy of an article from the League magazine on financing cities.
Of interest:
The City wide garage sale will be Saturday, August 20. Judy and
Mary have done a great job of organizing and planning it.
Community Day, sponsored by CORE will be held Sunday September 18.
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CORRECTED
. Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met in special session on Thursday, July 28, 1994 at 3:00 p.m. in the
City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso,
Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: John Scherer, Bradley Lindgren.
Mayor Reber called the meeting to order at 3:00 p.m. and stated that the
purpose of the meeting is to discuss the status and terms of a Police Chief
contract, as requested by Councilor Loso of the Personnel ~0Inmit t,ee.n%þé
m~~~,;i::Bij·:W~:$.·....'~.h~~t...t.µtp..~4·.....9:Y:~t..·.·.~9··.'.?9~.9···.··~Bi:l..·.g:+'·~¥·~:.:::.9f.·..,~:Bé..:.~.~t~8BB,~J·.:·:.99ffiII1~~~:~~..;
Councilor Loso discussed the status of employee wage and benefit negotiation.
He wished to discuss the response from Brad Lindgren and the Council's
position on it. Lindgren stated that his position remains the same as of
January 1 of this year, "please honor our contract." He stated that he
would not be adverse to::::continue talks and negotiate changes. He also
requested back pay compeïiisation for roughly 40 hours of overtime he has
already worked, and the City has not paid, which amounts to about $1,000 Qr
60 comp hours.
Loso went through a chronology of documents from 1991 to the present to
. question is the employment contract of Brad Lindgren is still in effect. He
presented the following:
Incident reports of July 18, 1991 stated in item #4 of the six month
probation requested that his contract be changed from "termination without
cause" to "termination for just cause only". Mayor Reber stated that this
is a legitimate request for any employee. At that meeting Sadlo made a
motion which passed, to change Brad Lindgren to a permanent employee.
July 24, 1991 letter from the City Attorney to Brad Lindgren which included
a proposed employment agreement. Our attorney recommended that if this
proposed agreement is acceptable, Brad was to make arrangements with Rachel
to have it executed. Loso stated that in order to have a proposed amendment
executed it should have gone before the Council for approval, which was not
done. Lindgren stated that John Scherer was directed by the Council to draft
a contract for execution.
August 13, 1994 - Cover letter from City Attorney to Brad Lindgren stated
that a revised amendment to the contract was sent. Lindgren stated that he
felt that the wishes of the Council were to have the document prepared and
executed.
John Scherer stated that he was directed to make Brad Lindgren a permanent
employee, which is what he did by the amendment. He was directed to work out
the terminology with Brad Lindgren.ßy:mª}{j::rtg::Þ:iII(.'~:Þétmªpiétitl3mþ¡öÿëE:!j.hi$
.¢i:ii:itt~:¢~.cìiq:ti8t.·::·þ~YÈj:t.i:)bÈj:tÈjP.éWédi3.á'Þh:Y~á#;::(,"'" ,,',',' ",,','," ,"',""", ,',,","',',"",',"",', ,',,",,",',
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execution, or if Mayor Dehler was authorized to sign the contract amendme~
Scherer stated that not necessarily was the contract to come back to 1IJ
~~~P¡~~Ä.t#tK¥]{eb0!c.Ät~CÆ~f.·#:¥ÞÄ't1Ä~Ä¥Äz.~¥;':¥:::~tf$~fJ«th.ªltf~f/?:n.::~jY~~n1t4}$*Vâ;
Dé'hLé'r.;I f the Council had authorized the changes then it could be executed.
~äj6i~~ber stated any change that was entered into the contract would only
change that portion of the contract.
October 17, 1991 Council minutes reflect that a motion was approved by the
Council, effective January 1 all employees will be working under a job
description and personnel policy rather than any contract. He stated that
the intent of the Council was to provide full and equal benefits to all
employees and to clarify that the Police Chief's contract had ended.
Loso questioned why Lindgren did not follow his contract if he felt that the
contract is in effect. Lindgren stated that the deviations were approved by
the Council, such as the ten hour days.
Lindgren stated that he wants to get the payment and benefits as the officers
do for hours worked beyond the scheduled hours. Hazen discussed the
allowances and requirements of exempt and non-exempt employees. Also the
Council discussed was ~hat the other department heads are unhappy with the
current status of allowance for comp time. They have requested time and one
half for comp time. Different benefits for different employees does not
promote team building. Mayor Reber stated that he wants to keep all the
employees satisfied.
Rieke stated that when Lindgren was hired and during his probation period tit
Council gave him what he wanted because they perceived him as the type vI
person they were looking for in a Chief. Lindgren asked the Ccuncil to
consider the serlOUS nature of his work, and type of call outs he is required
to respond to.
Loso stated that Lindgren's employment benefits should be consisten~ with
the benefits of the other employees.
Hiemenz stated that there are many employee requirements for overtime worked,
for employees, Both>exempt>éind1i.oÌ'l-exempt.èITip16YeèsITiUst becomþèhsatédfÖt
áll hourswÞrké d.. ',' "'Exempt 'é:mÞ.ï6Yé~s. ',,'mus thécompensat. edT:fflÚ~Ö'lé:itime" hoÙrs
wofkedáf:e:<:fequire dhytheempl0Yéi.·' EmþfOyeéS.ha v euptO.t hree ,',. yé arst:o
cO~1~ctþayme!1tf6roVèrtímê worked. They ffiu::itSci p0.ià i: t:-.ci' ',:6rk
overtimc,
Chief Lindgren was asked what the specific issues that he wants addressed.
He stated that he wants the following:
1. A written agreement $t>atihghé càh/beterminateclf6r just cause .
2. To be treated like thêdo:fficerswithiegaid tö' pay, vàcàt.ion time,
and the benefits addressed in the Federation Contract.
3. A grievance procedure provided for any dispute over the contract.
4>~ >'CÒhtracttö >be 'réVìE:Wédéy~ry>·t\v()yea.rs<
Hazen made a motion to have John Scherer draft a proposed contract with the
three items requested by Brad Lindgren a.hdÞrÞ\lghtfì.:t¢}{toçOtlni::i~.
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. t:ë:Y::î:ë:"it:/::::}tiJ,f:f::ª::::¢:þp'Y::::.j::þ::j~tª:ëIÞ:it.i:ëIgrë:ì) ; seconded by Reber. Ayes: Reber,
lHëkë'~'" 'to'so'~"" :Hài'ëri ~"":HTëm'ëri'z'~' ,,'.', '" ,,',' ..-->
Nayes: None. Motion carried.
Lindgren stated he is willing to forgo the $1,000 or overtime which he felt
he had accrued, if a workable contract can be approved.
The meeting was adjourned at 4:23 p.m. with a motion by Hazen; seconded by
Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
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Rachel Stapleton
Clerk/Administrator
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. Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met in regular session on Thursday, August 4, 1994 at 7:00 p.m. in the
City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso,
Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: Judy Weyrens; Janelle Schlekloth, Mark Lambert, Karen
Erickson, John Scherer, ada Larsen, Michele Lindlell, Stan Larsen¡ Stan
Weinberger, Steve Dehler, Jean Dehler¡ Dick Taufen¡ Alan Rassier.
Mayor Reber called the meeting to order at 7:00 p.m.
AGENDA: Loso made a motion to approve the agenda to include discussion on
sidewalks under Old Business, and move Dick Taufen's Public Works report to
the end of the meeting. The motion was seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. j\.£ter
discussion of various bills Hazen made a motion to approve the bills payable
check numbers 19919 - 19973; seconded by Hiemenz.
Ayes: Reber, Rieke¡ Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Hiemenz made a motion to approve the ....' and callouts as presented¡
overLlme
. seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen¡ Hiemenz.
Nayes: None. Motion carried.
MAYOR'S REPORT: 1) Mayor Reber presented a letter from TRI-CAP expressing an
interest in Dale Victor's transportation plan for St. Joseph, for the 1996
budget if funding is available.
2 ) Whitney Senior Center Director Steve Hennes sent a letter requesting to
make a presentation at a Council meeting. Council was in general agreement
to receive a presentation at a regular meeting.
3 ) Stearns Environmental Services has sent a resolution for Council
consideration on environmental protection through landfill controls.
4) A home in Northland was built too low and needs a sump pump to accommodate
the sewer. The construction company wanted to dig up the street to install
the sewer. Joe Bettendorf had assured Mayor Reber that the sewer elevations
are adequate, but that the basement was too deep to accommodate the sewer.
Mayor Reber requested that Joe Bettendorf make recommendations to the
Contractor's Agreement to prevent this type of error from occurring in the
future.
S) An addition is being constructed on 9lst Avenue which extends six feet
beyond the front yard setback. The Mayor was alerted to the problem, viewed
it on site and contacted the Building Official to stop the ' .¡- The
pro]ec... .
property owner has since requested a front yard setback variance hearing,
scheduled for August 15th¡ to resolve the matter.
6 ) Mayor Reber reported that he was approached by some youngsters who had
. built a bike ramp. They are looking for a site for it, and questioned if it
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could go in a park. Councilor Loso was directed to take the matter to I
Park board for recommendation.
7 ) Mayor Reber questioned the status of the installation of ,.., .... '
J:.aslo Mlnneso
Street lights by Stearns Electric. Stapleton reported that they have
received the lights and will schedule installation when the City has secured
the easements.
8) Mayor Reber questioned if the Council ever gave authorization for the fire
truck to haul water to fill swimming pools. Additionally he stated tha~ the
City denied the request to haul water to the new sod on the East 3aker s~reet
project. Hazen stated that a water credit on the affected residents water
bills was allowed for those that watered their boulevard sod.
COUNCIL REPORTS
RIEKE: Stan and Cda ~2.rsen had discussed with Rieke thei~ discomfor-: ','/i th
the proposed HRA project, and the condemnation of their è.riveway.
HAZEN: 1 ) Hazen questioned if the dog kennel for con~ainlng dogs picked up
on weekends or nights has been set up yet at the Ve-: Cli~ic, ~c: she had been
'O¡ ~
approached by a Police Officer. Stapleton statec: :'.1a t she :lnder S toed :.hat
the Police were handling this matter, but she wil: cs~~act ~he Vet Cli~i: :0
get this situation resolved.
2 ) The Joint Operating Fire Board met and a) were ~nfcrmed that -:he new fire
truck has been ordered, and expect it to be delivered in about ~ay 199:.
b) All the corrections were not done in the Linnemann I:m. The ~... -... - ?:"re
v '- __ '-..- Marshall aave an extenslon. cì Cecar Villaae ADartments I: sDrènkler S'CSiIi
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problem has been resclved and approved by Lie S-::':::.:,~, j, \ Stearns ::::u
Electric has given the F:~e Department a $1,000 gran~ to be used -:owar~ ~._
purchase of a manifold along with $1,500 from the tire Func: to be used ·,.¡i th
the Jaws of Life. e) The Township fi~e contracts are due In 1996, :1id
summer of next year negotiation will begin. f ) Flre:ighter recertifi:a:.ion
has been completed with all passing '.¡- g) An additional grant has been
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received from Champion Paper Mill, The Fire Department applied fer :.his
funding for the purchase of three motion sensors for air packs a~ about $300
each. h) Chief Taufen will discuss the new sprinkler system law, later ln
the meeting. i) The 1995 Fire Budget was approved by the Board with an 8.5%
increase.
LOSO: 1) The cement work in parks is completed and the bleachers will arr:ve
soon.
2 ) Loso discussed ..... plans to install an ent:--ance :'0 Morningside Parx. and
lone made a motion to approve the entrance at approximate cost of $4,000 w:~h the
funding to be the Cloverdale Four development mODey, $'" ~;"\"" 54 and the
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balance out of Park Development. Joe Bettendorf of SEE will be direc~ed to
proceed with the project. The motion was seconded by Rieke. Discussion -
Mayor Reber clarified that this IS just the entrance and not the proposed
parking lot.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
3) Loso made a motion to abolish the policy of the designation of exemptinon-
exempt employees effective, September 1, 1994, and to reinstate a policy ttlt
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· all meetings will be paid or comp time, time at rate of actual time. If this
time falls into an overtime situation the rate would be accordingly. Also
addressing the 43 hour mark of computation for Department Heads would cease,
and revert back to 40 hours. Hazen stated that the 43 hour requirement is
not for Department Heads but for law enforcement. Hiemenz made a motion to
table the motion and have it reviewed with the personnel package along with
recommendations which would be reviewed before the Council takes action.
Rieke stated that Loso's motion which is on the floor needs a second, hence
Rieke seconded the motion to abolish the change In policy of exempt non-
exempt employees. (Hiemenz correction) - Hiemenz repeated his motion to
table the motion and have it reviewed the personnel package along with
recommendations. Hazen seconded Hiemenz's motion to table the matter.
Mayor Reber called for discussion on Loso's motion prior to vote. Hiemenz
discussed order of motions, pointing out his motion has precedence over the
motion and a vote needs to be taken on his motion to table. If this fails
then a vote can be taken on the first motion. Reber said if the motion to
amend was made that would be voted on first but not the motion you are making
which is a motion of your own. Rieke discussed the animosity created by the
change and Loso stated that he is seeking relief from the employee
discontent. Rieke also asked if the City is required to follow the "booklf or
can set different limits. Hiemenz stated that the information given to the
personnel committee required that some things were required Tn be
implemented¡ and the City can get away with not doing certain things and will
until someone files a complaint.
4IÞ Reber made a motion to amend Loso's motion to get legal advice from our City
Attorney; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Vote on the amended motion.
Ayes: Reber, Rieke, Loso.
Nayes: Hazen, Hiemenz. Motion carried.
Discussion on the motion to table - Rieke asked if the motion to table is
still relevant, and Hiemenz stated that it is not. It was understood that
the motion to table was withdrawn. (Hazen's corrections stated that this is
NOT TRUE.)
Hiemenz correction - Reber then addressed motion Hiemenz had on the floor as
seconded by Hazen. Hiemenz again stated his motion had precedence over the
motion we just voted on. Reber disagreed saying w'e had a motion on the
floor, we had a second to that motion, we vote on it. An Amendment, vIe vote
on the amendment, then the original motion. You have made a motion and we
have a second on the floor. Any further discussion? Rieke commented tlJ.e
motion was such that it's no longer relevant and Hiemenz agreed saying that's
why his motion to table had precedence over the motion that was on the floor.
Loso stated the motion to table, you second it, and there is no discussion,
you vote on it. Reber stopped all discussion and moved on.
HIEMENZ: 1 ) The Planning Commission approved a proposal presented by the
owners of the Linnemann Inn to install a step system fire escape. They also
approved a 4 way flashing light at College Avenue and Minnesota street
intersection and recommended a study to consider a flashing light at the
· entrance to the college on West Minnesota Street. Rieke made a motion to ask
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the County to consider a four way stop at the intersection of 3rd Avenue ~
West Minnesota street at the college entrance, and install a flashing
light at the existing four way stop at the intersection of Minnesota Street
and College Avenue; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
'1 ì APO met and Mayor Reber and Hiemenz .. ..- Mayor Reber stated that
... , at.t.enClec..
they are attempting ..~ preserve the 33rd St:raet. ·:orr ia,or ! ::.n S.¡... (':l:;Jud J
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although there 1S much opposition to it. This 1S 1:1 t.ne 2015 road plan.
3) APO also discussed proposed bicycle pedestrian routes. Concerns expressed
were that they are proposed in heavy traffic streets, and that ~hey are being
proposed as exercise and recreation routes, and not as alternative
transportation routes to and from work, Mayor Reber stated that. bike paths
should be planned in all city street upgrades.
4 ) Star City Commission 15 requesting authorization t.o a 1.:..0\'1 the Minnesota
Design Team t'J come to our citYl for community and professiona: evaluation.
Hiemenz made a motion to approve underwriting the $3,000 ~ast fer the Design
Team with part or the cost to be reimbursed by community organ:zat.ions, The
motion was seconded by Hazen.
.\yes: Rebe:c, Rieke, I..oso, Hazen, Hiemenz,
Nayes: ~!one . Moticn car-ried.
5 ) The parkir:.g lot plan for the water tower prcpe:r:.y, as proposed D't! t1ark
Lambert has been discarded. He has made a 2.ease arrangement W1::'n. t.he
Railroad to use all railroad right of way propert.y ':_'Y" -, ';"r-\.,...... rO¡.":r: ~
_..)~ ,-,ver... ....'~w ...,a_ ,{......o .
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his apartments,
RENTAL HOUSING INSPECTOR REPORTS: Alan Rassier, Rental Housing - ,
j.r1spec'Corl
reported on the status of the rental housing inspections. He stated t.hat
most of the properties are licensed for the comlng year but ..' follo\'ling
\.one
properties need an extension to complete the required corrections:
32 First Avenue NE, Peter Omann, o\'lner
21 First Avenue NH, City of St. Joseph
15.5 'í'l. Hinnesota St., Kurt Schneider, o\'lner
120 2nd Avenue ìf!¡./', Bill Gohman, owner
The Council was supportive of the Housing Inspector giving appropriate
extensions, II the property owner 18 making progress on the improvements.
Rassier asked ''¡: the Council would support him In his requirements for
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licensing. Rieke asked about the paper trail for verification. Rassier
stated that the owner receives a copy of the inspection report \'Ihich shows
what corrections are needed. Council agreed that corrections and repalrs
which involve safety are the most urgent. Rassier stated that he \'Iill file
the extensions with Stapleton. Additionally, next year he intends to require
more corrections on the outside of the properties, an asked if the Council
would support him. Rieke stated that the paper trail and City Ordinances and
policies \'Iould be supported. Mayor Reber stated that the City Attorney's
advice should be follo\'led on rental housing issues.
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4IÞ CLERK/ADMINISTRATOR REPORTS: Rachel Stapleton, Clerk/Administrator,
presented the list of Election Judges for the September 13 primary and
November 8 general elections. Hiemenz made a motion to approve Carol
Trinkline, Elaine Imholte, Marge Lesnick, Doris Johnson, Rudy Gapko, Jim
Grave, Adeline Gillitzer, Marcella Gill, Dorothy Sadlo, Claudette Klein,
Rachel Stapleton, Mary Generous, JUdy Weyrens; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Stapleton presented a proposal for the 1994 audit from Kern, Dewenter, Vierre
as was presented in the original three year proposal. Rieke made a motion to
approve the proposal; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
MINUTES: Hiemenz made a motion to approve the July 21 minutes as presented;
seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz.
Nayes: None. Hazen abstained. Motion carried.
OLD BUSINESS: 1 ) Stapleton informed the Council that Mark Twain Cablevision
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made their first payment for access equipment.
2 ) Rieke presented a map of a proposed sidewalk district. The Council will
receive copies for the next meeting to \vork on the proposal. The Council
. also discussed the need for walkways to the parks.
OPEN TO THE PUBLIC: 1 ) Mark Lambert appeared before the Council to inform
them that he has been able to negotiate with Burlington Northern Railroad to
lease enough right of way area to meet his needs for over flow parking, and
will no longer need the water tower property. He thanked the Council for
their support of his proposal, and questioned if his installation of dust
free surface would be acceptable. Lambert intends to use recycled asphalt,
as a dust free surface. Lambert also offered to allow the City to haul snow
to one area of the property which he is leasing. Hiemenz questioned if the
railroad property had ever been annexed and agreed to check on the
jurisdiction and zoning of the property. Lambert asked if the City would be
willing to work with him on lighting of the parking lot, in conjunction with
water tower illumination. No decision was rendered on that issue.
ORDINANCE CONTROLLING ANIMALS: After discussion of pickup and pound fees for
dogs running at large, Hiemenz made a motion to approve an amendment to
Ordinance Number 104 to include fees and change IIdomestic animals" to
"animals"; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Stapleton stated that she has received quite a lot of information on
controlling animal waste and will present information at the next meeting.
. Loso made a motion to recess at 8:25 p.m.; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
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Nayes: None. Motion carried. ~
Mayor Reber re-convened the meeting at 8:35 p.m.
DOG REQUEST: Karen Erickson appeared before the Council and told them that
Gordon Brown has bought her house at 411 West Birch Street and has three
dogs. She requested a permit for him, to allow three dogs to reside at the
residence. After discussion that the ordinance amendment to allow this is
not yet In effect, Loso made a motion to conditionally approve the Special
Permit to allow three dogs at 411 West Birch Street, under the conditions
allowed in the ordinance amendment. The condition is effective the date the
amendment to Ordinance 104 is published. The mction was seconded by Hazen.
Ayes: Reber, Rieke/ Loso/ Hazen/ Hiemenz,
Nayes: None. Motion carried.
VIOLENCE PREVENTION: Joyce Belford, representlng the Central Minnesota
Consortium on Violence Prevention, appeared before the Council to present
information and needs of her group. She discussed that about 10% of the
youth served are from St. Joseph. H helos youth In eXJ;'resslng other
react.ions :'0 anger than violence. She also requested that the Council
consider help lD funding this serVlce. ~he CauDcll agreed to consider the
request of $1,562 for the 1995 budget.
HRA SPECIAL USE REQUEST: Leanne Walsh presented Stan Weinberger as
spokesperson for her group. Weinberger discussed the negative impact BRA's
plan to use the Townhouse driveway would have on the safety, peace, and valì -
of the Townhouse proper:.ies. The proposed plan will increase traffic, d
not provide for adequate area for playground, and will change an area the w s
platted for townhomes. He requested that. the Council deny the Speclal Use
permit request. After further discussion Hazen made a motion to deny the
Special Use permit request specific to the proposed parcell project, and site
plan, to allow an R-2 use ln an R-3 zone, as presented and heard by the
Planning Commission/ and supported the findings or the Planning Commission.
The motion was seconded by Loso.
Ayes: Reber, Rieke/ Loso, Hazen/ Hiemenz.
Nayes: None, Motion carried.
CITY ATTORNEY REPORTS: 1) Hiemenz asked how the railroad property would be
considered/ since it is not addressed in the zoning ordinance. City At~orney
John Scherer stated that it could be treated like highway property, 2)
Hiemenz stated that the property HRA is requesting to put affordable housing
is platted in lots/ and HRA's plan does not address t.hese separate lots.
Scherer stated that the whole area could be viewed as one parcel, under one
owner. None of the units could be separated without replatting / and
conforming to the setback requirements. 3) Mayor Reber questioned the
liability on a bike ramp that some teenagers have built and would like to
place in a park. Scherer stated the City probably would assume all the
liability. 4) Council asked Scherer's opinion if the City should assume any
costs of homeowners changing their addresses to the new addresses assigned by
the City. Scherer stated that he did not believe the City would.
.
Page 6
-
, .
. 5 ) Questioned was if it is allowable to revert to the previous pOlicy for
exempt and non-exempt employees. Scherer stated that as long as it complies
with FLSA it is allowable. Essentially you are asking if exempt employees
can be given the same benefits and non-exempt, and this is allowable.
PUBLIC WORKS DIRECTOR REPORTS: Dick Taufen, Public Works Director, appeared
before the Council to give his report. 1 ) Mayor Reber asked if Taufen
authorized hauling of water to the Township to fill a swimming pool with the
fire truck about two years ago. Mayor Reber also stated that hauling water
to the new sod on East Baker street was not allowed at that .¡..' Taufen
,-lme.
responded that he had allowed a Firefighter's request to haul bulk water,
because of the circumstances and assurance of payment for the water. Mayor
Reber stated that any further requests be brought to the Council table for
approval. Additionally Mayor Reber asked how much of the chain link fence do
we have which was removed from the park. Taufen stated that there 1S about
150 to lì5 feet of fence.
2 ) Taufen presented a proposal from Hardrives to repair the roadway to the
City Shop area at a cost of $2,912. This would include removlng old
bituminous¡ replace and compact up to 4 inches of class 5 gravel, and place
and com¡;:act a t·,vo inch mat. This would be from inside the fence to the end
of the maintenance shop. Taufen also presented a quote of $820 to repair an
alley between Birch and Ash Streets¡ '¡{est from College Avenue, where it
washes out. Hayor Reber recommended installation of an apron on the north
side of the maintenance shop. Taufen agreed that this vlould be helpful.
. Hiemenz made a motion to approve the proposal for the roadway repair, alley
repair and installation of a 30 foot apron as presented; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen! Hiemenz.
Nayes: None. Motion carried.
3) Dan Marin is a property owner of the former 8-plex, has asked Hardrives to
install a driveway in conjunction with the OH 52 project¡ and has indicated
to Hardrives, that the 20 foot strip of boulevard area 1S city
responsibility. Council was in agreement that it is the responsibility of
the property owner who is installing the driveway to pay for the boulevard
area of the driveway also.
4) The Council has considered the new sprinkler law requirement for reviewal
of plans for building construction. It was discussed at the Mutual Aid
meeting, and Taufen recommended that the City turn the requirements over to
the State. Taufen also stated that the City Building Official would like to
meet with representatives of the area cities to discuss this matter. Hazen
made a motion to turn the requirements of the new sprinkler law over to the
State of Minnesota! contingent on Taufen's response from the area meeting;
seconded by Rieke.
Ayes: Reber, Rieke¡ Loso, Hazen! Hiemenz.
Nayes: None. Motion carried.
BOY SCOUT BUILDING: Bob Kroll of NSP does not recommend separate gas lines
being run to the Boy Scout building but to tap off from the meter at the city
. maintenance shop. We would have to hire another company to install the line
because NSP does not do that work. We would save on the minimum monthly
Page 7
,
bills for the building. Hiemenz made a motion to get a quote .
installation and bring it back the Council under Old Business. The mot
was seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
REQUEST TO VACATE ALLEYS: Taufen stated that St. Ben's main sewer line comes
out behind the Lab School. Additionally the Lab School is installing some
equipment behind the school and fire truck access needs to be considered.
Reber asked when the budget would be ready. Stapleton stated that she had
planned to get it out on Monday. Hazen and other Members of the Council
indicated that they would like to have it on Friday but Monday would be
acceptable. Stapleton indicated that her staff would try to get it out on
Friday.
Rieke made a motion to adjourn at 9:45 p.m.; seconded by Loso.
Ayes: Reber, Rieke, Loso. Hazen, Hiemenz.
Nayes: None, Motion carried.
-_.--...
-' . "-'~ --'
~"::/'-'-". .. ~ "-" -- -
-~ '. - ----
Rachel Stapleton
Clerk/Administrator
.
Page 8 .
·~ '-<-~:POLICE;DEPARTMENT
',_ __ . . . ,,<è: -=B~ÄJj¡Ey-j:El~åR~N, CHIEF OF POLICE
," --".~ .'---. - - - -- - -
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&.\'II~~itf¿j4';'~~F),3~~c,~~~RG=N~;Y :11
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_-_~ ,°;'.''.0..·''.-0__.". --,_~,-_,__._ _. _ _
-'<'c"'>, . I>ÂTEi:i?{ÄUG ø .19, 1994-
, TO:· ST~ ~OSEPH CITY COUNCIL
_______________"___.___ u____ ____ "____
FROM: CHIEF LINDGREN
REPORTS
DEAR COUNCIL MEMBERS,
PLEASE FIND ATTACHED THE JULY MONTHLY INCIDENT REPORTS.
ALSO, I WILL BE ON VACATION DURING THIS TIME AND JEFF YOUND
IS THE ACTING CHIEF AS I HAVE PREVIOUSLY INFORMED YOU. RS
SUCH, JEFF WILL ATTEND THIS COUNCIL MEETING TO PRESENT fHE
REPOFnS.
PLEASE ALSO FIND ATTACHED A COpy OF A THANK YOU NOTE
FROM BEE LINE MARINE.
IT HAS BEEN 1 YEAR AUG 5, 1994 THAT BRIAN KLINEFELTER
. HAS WORKED FOR THE CITY, Atm I \,JILL SUBI'IIT 7!Y LETTER
RECOMMENDING HE PASS PROBATION.
ONE OTHER ITEM I AM WORKING ON IS THAT BRIAN HAS BEEN
APPROVED, AND ACCEPTED FOR AN INTOXILYZER COURSE IN
SEPTEMBER. THE STATE, STARTING IN SEPTEMBER IS NOW CHARGING
A $200.00 FEE. (COpy OF LETTEF~ r::jTTi=ICHED) I At'l CUrmEtHL Y
EXPRESSING CONSIDERABLE DISSATISFACTION WITH THE POWERS THAT
BE, THAT: WE APPLIED WHEN THE COURSE WAS FREE, I OBTAINED
APPROVAL ON THE PREMISE THE COURSE WAS FREE, BRIAN WAS PUT ON
A WAITING LIST, AND NOW CAN ATTEND 8 MONTHS LATER, BUT IT
~- ---- ,,·,·--WILL-COST-USø---WHATS FAIR~ISFAIR, AND TO l'lE TI-fIS IS t~OT. I
WILL HAVE JEFF ADVISE YOU WHAT THE STATUS OF THIS IS.
S I I'KEREL Y ,
~ ~
BRADLEY J. LINDGREN
CHIEF OF POLICE
.
POLICE DEP ART ME-NT
BRADLEY J. LINDGREN, CHIEF OF POLICE .
BOX 268, 25 N.W. 1ST AVENUE
ST. JOSEPH, MINNESOTA 56374 .
toUCJ.r.o!UJ.W(TUlOfœ<Tl\AlOL.VÆSOTA (612) 363-8250 EMERGENCY 911
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TC)~ ST JCJ:3EPl·i :=:~-:.",~ CCJlJt"~CIL
F ¡~OI1 : CH I [F L I ;'j:O\3¡~:[:'j-'¡
SUBJECT: INTOXILYZER COURSE ~LL
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(:¡T'fEHDn¡',¡Ci::" fHf¡i'¡i"YUU,
S I ¡"ICE¡:;~EL Y ry
BRnDLEY J. LINDGREN
CHIEF OF POLICE
.
~ ,
~_",",- _o~ c.=~-O,__; _'~~- _ - '~_':'CO'"", -eo-O- '- "--, .
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CHJ:EJ'WJ:Lx.J:AK LORENTZ ___ _ ~ ~f~c,.i,_'.>~~~~
S'1' JOSEPH POLJ:CB DEPT '~i:>~~'{;~;;4;;:
25 FJ:RS'1' AVB BW : .,.,.ç<~<,:
P ø BOX 2 68 ," 7,._,;;{;/-.
STJOSEPH JOl 56314 '~"-':<~~~>\;f~:Y-
_' _.:L ~ :~~---~-?~:?}i~~:~~.~~
\ttn: Brian D ninefelter Date of IiIchool: 09./12/9..: ,.' <-/';~,/3'
-';-:;,:'~.'t'~ _ __~_':',..-. ___.'_--._.- ". __ ---_ '_ -n~_ .....'.~ ~,:._.-,,,,._..~~" '_-"'......~_~_.-,-:_ . _' ~_--~·'-·r.:;- .~":. -..:-~ ~'~,:,:--,;,,~:::".,r,~-.::.";"-":~.c.
(our application to attend the 1ntoxilyzer operator Breath Test Traininq
~ourse has been qiven final approval. This course will be held at the
3ureau of Criminal Apprehension, Forensic science Laboratory, 12.6
l~versity Avenue st. Paul, Hinnesota, in the Breath Test Classroom.
~þe class will start promptly at 0800 hours eaoh day, and will be 4ismiss.d .;;>
ld," ly by 1800 hours. We ask that you reiort at 0145 h, our. on the, first,~,4~J ,,:
)tthe course. We recommencS that you br nc¡ a calculator with you, .~l- "
)~.r course materials will be -furnished. ' ,',
.",·'inC¡is available in the NORTHEAST CORNER of the sheraton Hidwa~ parkinq, ",~'"
L, which is. located at 1-94 and Hamline Ave., approximately,: "... -'.~
L~;~/2 blocks' 80uth of the BCA. . ,',.
Jecause there is a waitinq list for this course please advise us, whether'or;:
lÒt you will Þe able to attend this course. Kindly complete aDd 's~qn the ,~, ,
tnclosed FAX sheet and return by fax as soon as possible: ' ,
l~t 612\643-3018.
't..,are lookinq forward to seeinq you at the course. :
-.-';;0 .--"
u~Jp'('érelYi'--- un n~'n _~_____p_"n__ - n_~_"n , ,
';~~c. rJ. .R._I. "\ ,- "';
1;~eil "c.~~om, Director·
~ Forensic science Laboratory
'AVD/ps
~Dcl.
tt;~"
~ir . NOTICE . ' :'
\:.'~f september'1994, there will be a fee for all Intoxilyzer courses. "
c~,~ox~lyze~ ,operator Breath Test Traininc¡ course fee is '$200.00. ' .,
?!.:_~:_.':'". .. . r '. - ~. .
.
.~~~:.:,-
t~~r
~~~\-_:~ ~
:- ;~
;'. AN EaUAL OPPORTUNITY EMPLOYER
".c,;'
¡ POLICE DEPARTMENT
BRADLEY J. LINDGREN, CHIEF OF POLICE .
BOX 268, 25 N.W. 1ST AVENUE
ST. JOSEPH, MINNESOTA 56374 .
(612) 363-8250 EMERGENCY 911
-- -,-
DATE: AUG. 19, 1994
TO: ST JOSEPH CITY COUNCIL
FROM: CHIEF LINDGREN
SUBJECT: OFFICER KLINEFELTER PROBATION STATUS
DEAR COUNCIL MEMBERS,
1 YEAR HAS NOW PASSED AFTER HIRING OFFICER BRIAN
KL I "IEFEL TEl;:, IT IS MY RECOI'H'1ENDATIm~ TH¡:::¡T HE PASS PROB¡::¡TIOH.
Sf JOSEPH IS A VERY UNIQUE CITY TO WORK FOR INSOFAR AS LAW
E¡~F ORCE l'1EI'! T IS CQl--1CERNi::.o. I ßEL I L~=\Æ E\ÆI'1 VETE¡.;:nr~ OFF I CE¡~S
WOULD HAVE TO MAKE SEVERAL ADJUSTMENTS FROM WORKING OTHER
CITIES. PARTLY DUE TO A COMBINATION OF OUR LOCATION, THE
VERY DIVERSE POPULATION WE SERVICE, AND OUR GROWTH AND
A"INEXAT I ON. THE RESERVE PROGRAM HELPED FAMILIARIZE BRIAN
WITH OUR CITY AND ITS MAKE-UP AND LAWS. AS THE RESERVES HELP .
THE: CITY, THIS HELPED BRIAN. BRIAN HAD TO DEAL WITH Of HER
RESERVES WHO W~RE HIS PEERS, AND NOW ARE SUBORDINATE, f=1ND IN
A WAY IT DOES NOT CAUSE CONFLICT, HAj:;;D FEELII"'¡GS, 01;: DISRUPTt;
OUR AGENCIES DAILY OPERATIONS. BFnAt~ DID THIS.) AND DID IT
WELL.
BRIAN ALSO WORKED TWO WEEKS WITH OTHER OFFICERS DURING
T I;: (-11 N I N G II~. BRIAN DROVE THE SQUAD, i1ADE THE TRAFFIC STOP,
RESPOND TO AN EMERGENCY CALL, TALK TO THE COMPLAINANT, TAKE
THE REPORT, DO THE FOLLOW UP WORK NEEDED, ANSWER THE PHONE,
TALK ON THE RADIO, DEAL WITH THE AGITATED CITIZEN FOR WHAT
EVER REASON, WRITE THE REPORTS, ISSUE CITATIOt~S, ETC. THIS
IS A CONSIDERABLE ADJUSTMENT. I MUST COMPLEMENT EACH OF THE
OFFICERS FOR WOI~KH4G WITH H1I'1 ¡:1f,ID HELPHIG HIl'! ALOt4G, THEY DID
A GOOD JOB, AND SO DID BRIAN. EACH OF US KNOWS THE
IMPORTANCE OF THE ENTIRE DEPARTMENT DOING A GOOD JOB, At~D
HANDLING CALLS AND PEOPLE THE MOST PROFESSIONAL WAY POSSIBLE.
BRIAN, LIKE ANYONE ELSE HAS MADE LITTLE MISTAKES HERE
AJ'ID THERE. HE HAS SUFFERED THE CONSEQUENCES OF SOME, AND
LEAF<NED THE RULE "YOU LEA!~N FI~Oi1 YOUR MISTAKE--AND---NE\)ER,
L.ET IT HAr'PEN AG¡::1 IN. "
BR H1t-1 GETS r~LONG WELL WITH THE COI'II'IUNI TY, r:'UBLIC HE
DEALS WITH, FELLOW POLICE OFFICERS, AI'4D C1 TY EI1í='LOYEES..
BRIAN STILL SHOWS A WILLINGNESS TO LEARN DIFFERENT AND OR
BETTER WAYS OF DOING THINGj, AND IS EAGER TO ACCOMPLISH NEW
TASKS OR ASSIGNMENTS IN OTHER AREAS OF LAW ENFORCEMENT. .
INTERVIEWING SUSPECTS WOULD BE ONE NOTABLE EXAMPLE.
POLICE DEPARTMENT
BRADLEY J. LINDGREN, CHIEF OF POLICE
BOX 268, 25 N.W. 1ST AVENUE
ST. JOSEPH, MINNESOTA 56374
(612) 363-8250 EMERGENCY 911
-----------
AGAIN, MY RECOMMENDATION IS TO TAKE BRIAN OFF PROBATION
AND ASSIGN HIM AS A PERMANENT FULL TIME OFFICER. (ALTHOUGH I
AM AFRAID THAT OUR DEPARTMENT WILL STILL AFFECTIONATELY REFER
TO HIM AS "ROOKIE".)
SINCERELY,
~ -~
BRr:mLEY J. L ,HJDG ~:EN
CHIEF OF POLICE
.
--~---- -- --- --------
.
BEE LINE SPORTS CENTER
(JedAaL M/V ~ f¡czntab ÆpMi (J~ ,
37th Avenue ·
Division Street
S1. Cloud, MN 56301
(612) 251-3550
St. Joseph Police Department
25 NH 1st Ave
St .Joseph, 1:-1N 56374
July 14, 1994
To St. Joseph Police Department:
Just want to take a moment to say thanks to all the officers who kept an
eye on our building and property. Several times we have been by the
bUQlding and saw one of your officers checking the premises. This is much
appreciated.
Z~ r~g¡.J0- ·
Dani Hestra
Duan Hestra
·
_u u_ __ _____,__~___ -- ------- .--------
"."-- ~--- -
U 0 C Total U 0 C Lite~al T~anslation
------- ----- -----------------------------------.----------.
'3006 w w w 1 TRAFFIC LIGHTS
9012 w w · 1 OPEN BOTTLE
'3014 . · · 34 SPEEDING
'302Ø . · · 1 FAILURE TO YIELD RIGHT OF WAY
. '3030 . · · 1 STOP SIGN
901'j . · · 2 EXPIRED REGISTRATION
909-1 . · · 1 NO MOTORCYCLE ENDORSEMENT
9201 · · · 1 Na PROOF OF INSURANCE IN VEHICLE
___________~_ ___~_______ _u__.___________ __ ______ ----------~- ---------- --- --- --------
9205 . · · 1 INSTRUCTION PERMIT VIOTATION
'325Ø . · · 1 NOISE OJ;:DHHmCE
9251 · · · 5 DOG ORDINANCE
9254 . · · 1 JUNK CAR ORDINANCE
9281 · ~ · 1 U-TUF<N
. 9286 . 1 UNREASONABLE ACCELERATION OR BRAKING
· ·
.
Thu'i' 08-- ØA·- '34 St. JosE'ph Police Depa'i'tment T i m€~ : '3:40_
Crime Summa'i'Y Repo'i't - UOC Page: 2
Monthly Repo'i't Fo'i' July 19'34
SB,,~ : All
P 'r i n tAL. L U 0 C codes
¡>J~:~ n l:: rilL I5"is
P-r"i n-G ¡::)LL L CJ ¡"Î Cod e ~~.
U D C T\:'\;.:'\l ;J C \~ L_i taT...;, 1 T .,. a n ~:. 1 a i:; i :,) n
-----. ------ ------------------------------------------------.
i}3Øl · · · 1 LOST i='EF:SO¡-''¡
'33ŒJ3 · a · i LO~;T P f;: () ¡::: E F< T Y
')311 " · · '. ¡=-(J(jh0 I:; I:: ~\ ~:; 0 ¡-..j~;
i:;~~\:!. 3 ~) F:- (J U;'\J:O ~) F;~ 0 ¡:¡ E Fr: T Y
" " " ,-
I) .(t ~:.~. ~.:J , · · 1,-: ;=. ¡.~ u r: 1::: :;.~ -¡- \' Dn¡'11~CiE ¡T!CJT;:::r=~ :')Ei1 J CLE nC:t:: -L .DF:·,~·;· .
':};::jAU " · · i ¡::¡L ~_ Ci T HE R CC:CUriA T I C) i',jnL ACC I DEiÙ:::;
'J6DD " " · 1. ("j L. ;._ [! 'T H E }~: F I }-~: E ~"3
'3l31 · · · 1 r'IE D I CnL EMERGENCY--UNCONCIOUS
'j -;; 3 .~:. " " , 1 1\1 E :0 I C: () l~ 1:: ['1 E l:;~ C3 E r·¡ C: ..{ .- .- ¡:.- (~ L L '.;
"J) 3~i '. riED I CnL E~ 1'1 [F< lJ E ~,! C ,,{ - ".. (¡ L LOT H [ f;: ~)
, · · j,
'9 '7 ,3d · · · (.~ (¡LL OTHEr;: ¡"lED I CALS
':)80i3 · · · J. E, ¡=·¡LL. MISCELLANEOUS PUBLIC
'Jß0i:~ · · · lEI j'IDïOF:I3T nss I ~:;TS
'980A ~, PUBL I C ~ì~)::'~ I 5T~) .
· · · L..
.
138-04-'34 St. Joseph
C·,..ime
_2.:-;""-=.0.. -~ __ ::-~~_:c MO\1thl
-:_c-_-__ -.-C..
---~-_._----_._-- ~- __ __n_ _~___ Al
--->..--,. -.-: - - P'ri ALL-U 0
>--<---~--.-"'" .-- - ----- - --.. ---- ---
P'ri nt ALL ISMs
P~int ALL LGN Codes
__ ______ -0_0- __ ---->
U 0 C Total U 0 C Lite~al T~aDslatioD
----- -~---- ----------------------------------------------
'380'3 . · · 4 SUSPICIOUS VEHICLE
9812 . · · 3 CHECK THE AREA
9813 . · · 10 RECWEST OFFICER
9816 . · · 1 CHECK ON WELFARE
. 9903 . · · 1 FUNERAL ESCORT
9'304 . · · 6 DELIVER AGENDAS/MINUTES/OTHER PACKETS
9909 . · · 1 GUN PERMIT ISSUED
99113 . · · 1 BREATH OR BLOOD TEST
9911 . · · 1 TRANSPORT FEMALE
9912 . · · 1 TI=<f.1NSPORT Mf.)LE
9913 . · · 17 ASSIST OTHER AGENCY
9914 . · · 1 ATTEMPT TO LOCATE
9916 . .' · 1 PAPER SERVICE (WARRANTS/COMPLAINTS/SUMMONS)
. 9'317 . 6 ALAI=<IY
· ·
,
ThuT' 08-0A-'34 St. Joseph Police DepaTtment T i fI'f (~ : ';; : 4 (3 .
C T i ¡)) e S U f)) m ~.. '(' / R(,? pO'l~t ,- UCIC 1='<.,\92,; .t.:.
Month 1 'f RepoTt FOT July 1':)'3A
Sß¡-~ : (;11
PTint All U C C cedes
V¡,int ALL I S¡-~'3
P,..i'lït nLL, L C) f'~ (: 0 d 0: ~:.
U () C Total U [I C L i tË'ï'<.'\ 1 T T' <.'\ n '" 1 '.:\ t j, C< n
----- ------ ~ - - - - - - - - - - - __ .. __ __ __ - __ _.. __ __ - _O~.. _. _ __ __ __ __ _. __ .. __ ___ ... _" __ __ _.. __ __ __ ,,_
')') .1 ß " " · 1 DPE ¡-~ DOC:;¡\
13;321 " · · 1 D I Z.;¡:'C~;Al_ OF A¡~ I ¡'1m.
'.:'1 i-:". .::. .- 1. E:<'fl~A ¡:~A'f;G¡_ ¡~¡:~;::DI:~D
-' -~ !.- \.' " " "
')'7;)27 · , " ,:,\ F I CifiT
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PHONE CALLS
2 DAMAGE TO PROPERTY
P3'J1Ø . . PROPERTY DAMAGE / TRESPASS
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T4021 . · · 1 THEFT
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. GARBAGE PICKUP AGREEMENT
This Agreement made and entered into this 3/ ~y of O~ .
9/ . by and between Browning-Ferris Ind. of MN, Inc., d/b/a Park
Refuse Service, party of the first part, and the City of st. Joseph, a
Municipal Corporation, party of the second part.
It is hereby agreed by and between the parties as follows:
1. From January 1, 1992 to December 31, 1994 the party of the
first part is hereby employed to operate a refuse collection service,
serving all of the residents, excluding the non owner occupied rental
units and business places, in the City of st. Joseph, Minnesota.
Effective October 1, 1989 all absentee landlords will be required to
contract for their own refuse hauling.
2. I n providing said service the first party shall:
(a) Collect refuse of all owner occupied residences in the
City of St. Josep h. The residents shall have a choice of one of two
services. First, there will be a limit of two (2) thirty (30) gallon
containers or the equivalent there of and not to exceed 50 pounds per
container. (No 50 gallon barrels.) The residents also have a choice
. to be on a bag system. The bags will be available to the residents to
purchase for $3.30 per bag from supplier. Any residents who so chose,
may at the beginning of anyone billing period elect to convert to the
bag system and will be required to remain on the bag system for one
year. The hauler will have sole responsibility for the dispensing of
bags, tags and labels and for the billing and collection of the
residents who chose the bag system. Containers/bags are to be placed
at the rear end of all lots having alleys or reasonably near the street
on lots not having an alley access. The party of the second part shall
only be responsible for billing for the base service, any other service
will be billed for by the part of the first part. The party of the
first part will contract with residents separately for extra pickups,
construction debris, and yard waste, at the individual residence.
** Absolutely no tires, batteries, drain oil, paint or
chemicals can be picked up.
(b) Use a compactor truck for refuse pick up service.
(c) Dispose of all refuse at such places where the first
party can lawfully dispose of the same at the first party's expense and
not at the expense of the City.
(d) Collect all refuse once weekly and in doing so establish
regular days for said collection. I n establishing regular days of
collection at the time of commencement of service the first party shall
. place notices on one refuse container of each of the residents to be
served in substantially the following form:
~
CiTY OF ST. JOSEPH .
GARBAGE AND REFUSE PICKUP
DAY OF P¡CKUP---Thursday
STARTING DATE---January 1, 1992
ANY COMPLAINTS CALL---252-9608
First oart/ shall continue to provide service on the days set out on
sald notice, ~ut shall, however, have the right to change said days of
pickup upon giving written notice to the second part'y' and obtaining
second party's consent thereto and publishing notice in st. Cloud Daily
Times for any such approved change, seven days before any such approved
change, and broadcasting said change or: the St. Cloud and Albany radio
stations on each of the seven days preceding any said change, and in
all notices define by geographical descript~on all areas in the City of
st. Joseph to be affected by said change.
(e) Recycling service will be orovided at no cost to the
residents or City of st. Joseoh. Items for recycling will include but
not limited to: newspaoers, cans, glass and p last~c. ,(-'s service
sha11 be orovided (weekly or bi-week:y).
(n A 20 yard roll off dumpster, or similar container will be
orovided for spring and fall clean uo weeks. fcr large items. at no
extra charge to the City of st. Joseph. Large items can consist cf
furniture, white goods, or any other househald goods, excludir,g
hazardous waste. The dumoster shail be dl...;moed as ,:;rter, as '¡ecessary .
' . ., ::1esignated clean u c days at no cast to the City.
during tne
(g) The party of the f~rst Dart wm provide a dumoster at nO'
charge, for City use, at 21 First ,t:.. venue t'-IW (behind City Hall Annex).
(h) Doing all work in a reasonable way and orotecting from
any unreasonable or unnecessary damage or wear to the containers used
in the pick UD service.
(i) To indemnify the City of st. Joseph from any and all
claims or demands for damage to person or property arising out of or in
any way connected to the performance by the Darty of the first part of
the requirements of thi3 agreen;ent and ':0 carr v insurance satisfactory
to the secor. j party, naming the seC',:md pe.rty as co-~nsured oroviding
coverage for damage to property in the sum or $1CO,000 and injury to
anyone oersor. 'n the sum of $200,000 and irjury to more than one
pers:)n arising out of one occurrence ~r, thE: sum of $300.COO, said
insurance covering first party and second party for any activities
arising out of first party's performance of this agreement, and provide
second party with a certificate cf suct, ir,surance
3. The second party shai1 pay the first Darty monthly the sum of
$12.18 from January 1, 1992 through December 31, 1994 oer single family
dwelling, said sum to be payable the month following the rendering of
the service. if the performance by the first Darty of the services .
herein provided shall be commenced in the middle of the month, and
services provided shall be for less than an entire calendar month, the
sum to be paid the first party shall be oro-rated and first Darty shan
be paid only that Dart of the month in w hieh the service is actually
provided.
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4. The first party shall not be obligated to provide said service
in any areas until plowed of snow by the second party, but then shall
provide said service in the amount of pick ups where the parties to be
served have not cleared snow to provide access for first party to the
containers to be picked up.
5. The City shall at the commencement of the performance of this
agreement, and at the start of each three-month period thereafter, make
a count of all pick ups where service is provided by the first party
and said count shall be used to determine the sum to be paid the first
party for the service provided.
6. This agreement shall be subject to termination during its term
by the second party upon said second party giving written notice of its
intent to terminate 30 days before the date it chooses to terminate
said agreement.
Dated this J?D day of LJ(1 ~ . 1991.
AI~~
First Party
. f n Presence Of:
IYl:lAl/ Aq44.w~
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CITY OF ST. JOSEPH
By' kt> I~
steven B. Dehler, Mayor
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. . . co U N TY 0 F S TEA R- N S
Gnvironmental Servicej ::Department
Administration Center Rm 343 · 705 Courthouse Square · St. Cloud, MN 56303
612-656-3613 · Fax 612-656-6130
TO: STEARNS COUNTY TOWNSIDP CHAIRS/CLERKS
STEARNS COUNTY CITY MAYORS/CLERKS
FROM: DONALD W. ADAMS, DIRECTOR p~
ENVIRONMENTAL SERVICES DEPARTMENT
RE: RESOLUTION FOR REFUSE COLLECTION
DATE: AUGUST 1, 1994
Recently, the Stearns County Board of Commissioners adopted the attached resolution designating
areas of the County in which refuse collection service is reasonably available. Please note that
the cities in the exempted townships are included in this resolution. This action was taken for
a number of reasons: to limit future environmental liability, to encourage equitable participation
in Stearns County's solid waste system and to bring solid waste into the system to which Stearns
. County has committed significant resources.
Obviously this was a politically sensitive issue for Stearns County to address; however the
underlying environmental, legal and financial issues provided the impetus to warrant passage.
With this resolution comes responsibility to educate Stearns County residents regarding open
burning/private dump issues, to offer incentives for governmental cooperation in formulating
plans to address the solid waste needs of rural western Stearns County and challenges to provide
meaningful, fair enforcement. Stearns County's position will be first to educate violators, second
to offer "user friendly" alternatives, and last to resort to traditional enforcement.
In the near future we will be developing written information regarding the problems associated
with open burning and private dump sites and work with the media on education issues. Further
SCORE funds have been set aside to enable rural Steams County residents opportunities to
recycle, collect household hazardous waste and otherwise participate in the solid waste
management system. One of the keys to the success of our solid waste efforts is continued
cooperation and support from the townships and cities in Stearns County as well as from state
agencies. We may not always agree on the issues, but we need to continue to work together to
resolve the differences we do have.
If you should have any questions regarding this matter, please feel free to contact Dave Knafia
of my staff, or me at your convenience.
. DW A/kb
Attachment
"875-2984 Affirmative Action / Equal Opportunity Employer
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. RESOLUTION
WHEREAS, Minnesota Statute 17.135 states that a permit is not required for a person
who owns or operates land used for farming that buries, or burns and buries, solid waste
generated from the person's household or farming operation, if the burying is done in a nuisance
free, pollution free and aesthetic manner on the land used for farming; and
WHEREAS, the statute further states that this exception does not apply if regularly
scheduled pickup of solid waste is reasonably available at the person's farm as determined by
resolution of the County Board of the County where the person's farm is located; and,
WHEREAS, the success and fairness of Steams County's solid waste system depends upon
the support of and participation in said system by it's residents; and
WHEREAS, there are currently 24 licensed refuse haulers that provide service throughout
Stearns County; and
WHEREAS, the improper burning and disposal of solid waste creates the potential for
. environmental and health hazards; and
WHEREAS, a recent study done by the Department of Natural Resources found that
emissions from burn barrels were several thousand times higher than emissions from a permitted
incinerator; and
WHEREAS, conflicting regulations for rural residents regarding disposal of solid waste
makes enforcement of solid waste rules difficult;
NOW, THEREFORE, BE IT RESOL VED that the Steams County Board of
Commissioners determines that regularly scheduled pick up of solid waste is reasonably available
in the County with the following exceptions: the townships of Ashley, Crow Lake, Crow River,
Getty, Grove, Lake George, Lake Henry, North Fork, Oak, Raymond, S1. Martin, Spring Hill and
Zion excluding any municipality located within the above-stated townships; and
BE IT FURTHER RESOLVED that the owner or occupant or both, who illegally dispose
of solid waste as defined by Minn. Statute 116.06, Subd. 10, are hereby in violation of all
applicable state statutes and shall be subject to penalties thereas proscribed; and
BE IT FURTHER RESOL VED that the Environmental Services Department is directed
to incorporate the intent of this resolution into the next revision of the Steams County Solid
.
Waste Ordinance. ·
Passed by majority vote of the Stearns County Board of Commissioners this '9''7< day
of Z}~1 , 1994.
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2J- t..?V L. ,~ c¥~-::-;Y'.-c.;
[/RoD Gambrino
Chair
Stearns County Board of Commissioners
ATTEST BY:
-i~wr -z::i~-;:T
Henry Kahorst
Stearns County Auditor-Treasurer
Clerk
Stearns County Board of Commissioners
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Pursuant to due call and notice thereof, the Planning Commission
for the City of st. Joseph met in regular session on Monday, August
1, 1994 at 7:30 p.m. in the St. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners S. Kathleen
Kalinowski, Linda Sniezek, Marge Lesnick, Dan Nierengarten, Andy
Brixius, Kurt Schneider. Council Liaison Ken Hiemenz. Secretary
of the Commission Judy Weyrens.
Others Present: Leanne Walsh, Mi chell e Lindell, Stanley Larson,
Oda Larson, Kathy Scheil, Jean Dehler, Katie Dehler, Steve Dehler,
Bob Wesely, Bud Reber.. Bob Loso ,_ Gary Heltemes, Jerry Hirschfeld,
Howard Pierskalla, Joe Miller, Igor Lenzner, Mike Deutz, Joe
Bettendorf.
Public Hearinq - Ordinance Amendment 52 .l3 subd 5(b): Chair Klein
called the hearing to order at 7:30 p.m. The purpose of the
hearing ~s to allow citizen input on the proposed amendment to
Zoning Ordinance 52.13 subd 5(b). The Amendment will read as
follows: Such parking lots shall be maintained ~n a useable
condition with a hard surface consisting of concrete.. bituminous
pavement or paver stone and drained to dispose of surface water.
. The Planning Commission cl ari fied to those present that the
Ordinance Amendment is necessary as the current Ordinance makes a
provision for the use of properly treated crushed rock which is no
longer available. Therefore, the Commission is updating the
Ordinance inserting dust free materials that are available
currently. The only change to the ordinance is substituting paver
stone for crushed rock. Klein opened the hearing to those present.
Steve Dehler questioned the need for the Ordinance Amendment and if
the Planning Commission was reacting to a situation. Dehler also
questioned how this would affect homeowners, if properties would be
grandfathered in.. and under what circumstances does a property
owner loose their grandfather status. Additionally, Dehler feels
that this Ordinance Amendment requires all residents to have dust
free driveways/off street parking.
Hiemenz stated that this Ordinance Amendment refers to parking
lots, not driveways. The existing parking lots that are currently
not dust free, or properties where action is currently not being
discussed, would be grandfathered in. When the property owner of
a grandfathered parking lot makes application for a building
permit, that owner would then be required to comply with the
amended Ordinance.
, Commissioner Schneider concurred and stated that the Linnemann Inn
. does not fall under the grandfather status as the Planning
Commission has been working with the owners of the Linnemann Inn
prior to the Amendment. The parking lot was required as part of
the building permit plan for the remodeling of the Linnemann Inn.
After considerable discussion] Kalinowski made a motion to
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recommend Council approval of the Amendment to Ordinance 52.13 subd
5 (b) . The amendment will read as follows:
Such parking lots shall be maintained in a useable condition
with a hard surface consisting of concrete, bituminous pavement or
paver stone designed to drain and dispose of surface water.
The motion was seconded by Nierengarten.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
Brixius. Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
The hearing was closed at 8:20 p.m.
Stearns County HRA - Iqor Lenzner: Igor Lenzner, legal counsel for
Stearns County HRA, appeared before the Commission to discuss
alternative site plans for the property on lOth Avenue SE. Mr.
Lenzner stated that ERA would like to work with the City and the
residents adjacent to the property to establish a plan that would
be acceptable to all. Therefore, Stearns County HRA is requesting
a special hearing for both a special use permit and a variance to
construct multiple family dwellings. The new sites plans will have
access on property owned by ERA, not the adjacent property owners.
Additionally, sites plans will be submitted for both townhouse and ·
duplex dwelling units. The Commission agreed to hold a special
hearing on August 15, 1994 ;:'0 consider this request.
Jerrv Hirschfeld - DBL Buildinq Addition: Jerry Hirschfeld, owner
of DBL Labs, appeared before the Planning Commission requesting
authorization to make application for a building permit. Mr.
Hirschfeld stated that DBL Labs is in need of additional space and
would like to construct a building approximately 8,000 square feet.
The building will be used for the poly-carbon processing, adding
manufactoring capacity. The building plan includes additional
parking spaces for the facility. Nierengarten made a motion
authorizing DBL Labs to make application for a building permit.
The building permit is to be contingent upon the approval of the
Building Inspector and Fire Chier. The motion was seconded by
Brixius,
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
Joe Miller - Cold StoraGe Request: Joe Miller appeared before the
Commission to discuss the possibility of constructing a l4 unit
mini storage facility. The storage facility would be used for
household storage and vehicles. The Commission agreed that mini
storage units are not a permitted use in an area zoned General ·
Business, but does fall under the category for a special use. The
Commission informed Mr. Miller that he could make application for
a special use permit, with the hearing being held on August 15,
1994.
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Mike Deutz - Construction of a funeral chapel: Mike Deutz appeared
before the Planning Commission to discuss the possible construction
of a funeral chapel at 33 West Minnesota Street. The property
currently contains a house which is rented for business and
residential use. Mr. Deutz stated that he has been approached to
sell the property. Before a purchase agreement can be signed, Mr,
Deutz needs to clarify if the construction of a funeral chapel
would be an acceptable use.
Hiemenz stated that a funeral chapel is an acceptabl e use / but
parking plans would need to be submitted with the plans. The
Commission cannot make a decision without any drawings or plans.
Mr. Deutz stated that he is not looking for approval at this time!
but rather an indication if he should continue with the planning
process.
The Commission encouraged Mr. Deutz to proceed with his plans, but
cautioned him that he would need to provide parking for the
facility as established by City Ordinance. Additionally, the
parking requirements are not fulfilled by using required parking
stalls for an existing business.
Joe Bettendorf - Northland III: City Engineer Joe Bettendorf
. appeared before the Commission to discuss the parkland requirements
for Northl and I I I . Mr. Bet tendorf presented a 1 t erna ti ves to
draining the park, to assure a more useable area.
Approval of Minutes: Kal inowski made a motion to approve the
minutes as corrected; seconded by Sniezek.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
NEW BUSINESS
Intersection at Colleqe Ave North and MN Street: The Police
Department requested that the city Council review the traffic
problems at the intersection of College Avenue North and Minnesota
Street East. A traffic problem is created when trucks are
unloading at the local businesses. Even though the City changed
the parking to a loading/unloading zone! the trucks hide the stop
sign. The Police Chief is requesting the City consider placing an
overhead red flashing light, which would be more visible. After
discussion, Brixius made a motion to recommend the Council contact
the agencies involved in the roadways, seeking their opinion and
recommendations. The motion was seconded by Lesnick.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
. Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
Intersection at Minnesota street West and Second Avenue NW:
Commissioners discussed the intersection at Minnesota Street West
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and Second Avenue NW, and the related traffic problems. Since the
removal of the stop sign corning from County Road 2 , it has become
difficult to gain access to Minnesota Street/County Road 2. This
problem 1S especially difficult in the morning hours. Hiemenz
stated that it was his understanding that the removal of the stop
sign was on a trial move, and was to be reviewed after six months.
Schneider questioned if it would be more appropriate to place a
f our way stop at the college entrance on Minnesota street West. A
majority of traffic trying to turn onto Minnesota street is corning
out of the College entrance. By placing a stop slgn at this
entrance you would also slow traffic down as 'f- comes into st.
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Joseph, and allow travelers on 2nd Avenue the opportunity to gain
access more readily to Minnesota Street. Sniezek made a motion to
recommend the Council consider placing a four way S1:0p at the
College entrance on Minnesota Street West. The motion was seconded
by Hiemenz.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, , ,
Nlerengarten,
Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
Buildina Permit Reauest - Steve Dehler: Steve Dehler requested the
Planning Commission authorize him to make application for "'- ·
building permit to construct a fire escape from the third level of
the Linnemann Inn. The fire escape is a requirement or: the State
Fire Marshall. Lesnick made a motion authorizing steve Dehler to
make application for a building permit; seconded by Kalinowski.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
Adjourn: Lesnick made a motion to adjourn at 9:45 p.m. ; seconded
by Sniezek.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten,
Brixius, Schneider, Hiemenz.
Nayes: None. Motion Carried 8:0:0
~dr þ'U.Þp-bµ¿J
/ udy Weyrens
Secretary of the Commission
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4-
, ' .- . DEi-> Al~TKENT HEAU KEJi-r .îHH
Friday, August :J, l'J'34
· Stapleton
:It t:'lf:oa:c"ns GClun'ly h:nvi:canmental Ser'vices appr"oved a
:t""esCllu'lion CJf1 rf:oquirements placed on r"ef use haulers.
* Hosemary Meyer is making application for a variance an
the front. yard setback to construction an accessory building.
* Council discussed installation of a bike ramp in a Cit.y
Park. CCJuncil acte.·d on City Attorney's advice and decided
against t.he installation because of the liability involved.
* Councilor Loso reported t.hat the cement work in the
City parks is completed and the bench is to be delivered
soon. Council approved installation of entrance t.o
Morningside Park.
* Council discussed the abolition of exempt and non-exempt.
ê'mployee status.
it Councilor Hiemenz report.ed on concerns expressed by thE:'
Planning Commission regarding heavy traffic at the
int.ersect.ions of 2nd Ave NW and MN St. Wi and 3rd Ave NW and
MN 5t W.
it Council discussed bike/pedestrian routes and t.he
possibility of funding for such projects.
* Mar'k Lambert informed the Council that he int.ends to
provide parking for his t.enants CJnly on that portion of
propf:orty know as the Burlington Northern Hight-of-Way.
* Al Hassier reported on the status of Hental Housing
Registrat.ions.
* Elect.ion dates are as follows: Primary ~-13-C::¡4; General
· Elect.ion 11-8-C::¡4.
it' Council will be prf:opared to discuss the Sidewalk
District at. t.he next meeting.
if- Council approved Dog Urdinance as drafted by the City
At t.or"ney.
* Violencf:o Prevention Program made a presentation
outlining their efforts t.o educate youths and reduce
violence.
* Council denied HHA proposal as did the Planning
Commission.
* Council approved to extend the apron and repair the
Maintenance Shop road.
* Council directed t.hat all requests for bulk water
to be delivered with Fire Department equipment be appr"oved
by the Council before delivery is made.
* Council approved City to follow State review of
sprinkler system plans conditionally on recommendations of
Dick Taufen after attending meetings with ather cit.ies and
Ron Euteneuer.
it' 'l'aufen to obtain quote from Simmons for gas t.o heat the
Boy Scout Building.
Lindqren
'* Chief Lindgren will be gone for two weeks beginning on
August 13, lC::¡'::I4. JE:'ff Young will bE:' acting Chief in his
absencf:o and will report at. t.he next Council meeting.
· * 1t will be rE:'commended t.hat Ufficer Klinefelt.er pass his
probationary period effective 8-~-'::I4.
. ¡ July 16, 1992
. ~. .
. COUNCIL REPORTS ('
Sadlo: I) At the July 2, 1992 meeting Councilor Rieke suggested
giving a credit to the residents along the L7ttiAvenue&: Baker Streetj
Impròvement"-area".for addi tional owater 'usedto maintain the sod in the
boulevard area. Since the last meeting, ,Sadio received information
from the City Clerk's Office on the additional amount of water used by
those residents. After" looking ,at the""analysis "",,~ªdlorèiçöfIl'llended ,thaj
,~tho-s~<-re$;identswnò-~sedl,OOO-cubic ~feètor lè$saddi t ¡ónal'water,,1
J?a.s;~d.()[~~r!.:rrÙ:f~i_y'_~·~µ~.Kye~rlY':a.yer~gé:;,-Þegivèna$10.00 'ëtedit on the~
Sep-tember .waterbiLl.> Tho~sérès iden'tsusj;ngl,OOO'cubisf'eetor mor ej'
a_ddL~f()néf£-;:wa1er,bélsèd-on · af;vfnd ividf1äly.eat.1yayer age, ,bègiven', a;
$20~OOcred,iFori-tl)è'SèpteQ1Þerviaterbill~'The·total, credittoa1.l ,
aff'èc<fe((:-would amount t<>$340.001l.'øfrwa:"ter ". c¥'epit.1 Councilor Loso felt
that the credit should be cut in half since the residents would have
watered regardless. Rieke, Hazen, and Dehler felt that this effort
would be a positive gesture. 5ádlOl'nâde-a. -tnotj-on·to allow-the· water,
él"·e.dTtså-s âêsc'fH>edäl:5óvEÙ ~- - - - - -- - - - - ._ - - - c . . _j
The motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Hazen.
Nayes: Loso. 'Mø'tiorF Cãrried 4:1:0¡
2) The seal coating project has been going well. One alley was missed
between First Ave NE and Second Avenue NE. Next week they will begin
picking up the excess rock. All the excess rock that is picked up will
be set aside for the City to use at a later date. -.
. 3) Sadlo informed the Council that he met with the Mayor, City
Engineer, City Building Official, Jim Marthaler, Roger Steichen and his
contractors on the problems with the construction of Gary's Pizza. It
was recommended to put a manhole in the alley and one in the easement
area. Then a 50' line with a 8" pipe could provide sewer services to
all four properties. If this were to be done, it would be advantageous
for the City to take the line over, as far as maintenance. For this to
be done, the people involved would need to petition the City. The
other option, is for each property to have their own sewer line. During
excavation of the site for Gary's Pizza, a french drain was discovered,
but due to-the location and size of the drain, it was allowed to remain
, in ground.
Loso: No report.
Hazen: 1 ) The Planning Commission met and will be conducting a public
hearing on August 3, 1992 for Mary Kaye Nordmann. Ms. Nordmann is
requesting a special use permit to allow living quarters above a
business in the General Business Zone.
2) John- Forsythe appeared before the Commission to request
authorization to apply for a building permit to allow for future
planning. Even though he does not plan to expand this year, because of
the construction on the adjacent property, it would be advantageous to
place the fo<?tings at this time. The Commission concurred and wished
him god luck.
. 3) Ken Twit came before the Commission to discuss the relocation of his
garage. Mr. Twit is adding to his residence and would like to move the
.~
existing garage to the back. However, wi th the addition of his new
Page 2088
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Water Credits*
Robert & Darlene Kroll $ 10.00
Bob & Kathleen Lyon 20.00
Allen & Jean Marthaler 20.00
Thomas & Rita Philippi lO.OO
Herb & Dorothy Pflueger 20.00
Sandra Henschke 10.00
Ronald & Jane Brown 20.00
Thomas & Sheila Nahan 20.00
Don & Mary Bruno lO.DO
Thomas & Irene Symanietz 10.00
John & Lisa Marvin 20.00 ·
Anthony Salzer 20.00
Joseph & Karin Ziebol 20.00
Tom Botz 20.00
Donald & Gladys Schneider lO.OO
John & Susan Leonard 20.00
Donald & Irene Reber 10.00
Harold pfannenstein 20.00
Daniel Campina lO.OO
Robert & Regina Pirkl lO.OO
tKcte: Tc verify the credits, each acccunt was pulled tc assure the credit was given and Uiustnted en their
September 1992 utiiity biii,
·
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Pursuant to due call and notice thereof, the Planning Commission
for the City of st. Joseph met in special session on Monday, August
15, 1994 at 7:00 p.m. in the st. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners s. Kathleen
Ka¡l~owskl, Marge L~s~ick, Lind~ Sniezek, Dan Nierengarten, Andy
BrlxlUS. CouncllLlalson Ken Hlemenz. Secretary Judy weyrens.
Others Present: Kathy Scheil, Leanne Walsh, Oda Larson, Elizabeth
Doyle, Mary Krafnick, Janet Nadeua, Mary Johnson, Coral Heinen,
stan Larson, James Jopp/ Howard Pierskalla, Michelle Lindell, Bob
Wesely, Igor Lenzner, Cheryl Josephs, Kent Simon, Rosemary Meyer,
Fran Court, Marilyn Court, Kevin Rocheleau, Kevin Schirmers, Alban
Mohs, Elmer Pryzbilla, Irvin Klocker, Ben Hollerman, Joe Miller,
Peter Giroux.
Public Hearinq - stearns County HRA: Chair Klein called the
hearing to order at 7:l5 p.m. The purpose of the hearing is to
consider a request for a special use permi t . This permit would
allow for the construction of duplexes in an area zoned R-3.
Additionally, the hearing will consider the following variances:
a. 35' variance on the front yard setback
b. 20' variance on the side yard setback
c. 40 ' variance on the rear yard setback
.
st. Joseph Code of Ordinances 52.l8 subd 7(a) requires the front
yard of any R-3 residence to be thirty-five (35) feet. Ordinance
52.18 subd 7(b) requires side yard setback of not less than twenty
(20) feet. Ordinance 52.18 subd 7(c) requires a rear yard setback
of not less than forty (40) feet. The variance is being requested
to construct townhomes.
The property is legally described as follows: Lots 1-6/ Block 1,
Cedar Village II; Lots l-4, Block 1 Cedar Village III.
Igor Lenzner, legal counsel for HRA, spoke on their behalf. Mr.
Lenzner stated that they sketched four (4) plans altering the
layouts and at this time would like opinion from the neighbors and
the Commission. HRA would like to reach a compromise with the City
and the neighbors in an effort to construct a successful project.
The dwelling units have been changed from six (6) dupl ex dwell ing
units to three (3 ) four (4) unit townhome dwelling units. The
access to the units has been changed from Outlot A to variations on
the east and west side of the proposed construction. A cul-de-
sac, with a 50' radius is located on the rear of the parking lot.
The radius should be sufficient for emergency equ:j.pment to turn
around. All the sketches include a green area located centrally in
. the development.
Each of the four (4) plans require a twenty (20) foot variance on
the rear yard setback. Additionally, one (l) proposal requires a
(
. ...
,
variance on the setback of the garage, and another requires a side .
yard setback variance. If the four plans are not acceptable to the
Commission, an alternative plan was presented that did not require
any consideration of the Planning Commission.
Howard Pierskalla questioned if the HRA could attach the garages to
the units. By attaching the garages.. the units would be more
consistent with the existing townhomes. Kent Simon, architect for
HRA! stated that HRA does not have additional funding to attach the
garages as it is very costly.
Those present questioned where the snow would be hauled in the
winter. Mr. Simon stated that HRA would be managing the property
site and the snow would not be deposited on property other than
that which they own. The snow would be deposited in the green
area.
Mike Murphy questioned whether the HRA would construct a fence
behind the cul-de-sac to prevent headlights from shining ~n the
adjoining townhomes. Cheryl Josephs, HRA representative, stated
that fencing is not part of the project and they are not willing to
add fencing.
Commissioners and those present discussed the distance between the
garage units and the dwelling units and questioned if the distance .
could be reduced. Mr. simon stated that for those residents
occupying the units, a garage is an amenity and the distance does
not make a difference. Additionally, if the garages were moved
closer to the dwelling units, the green space would be diminished.
Kalinowski questioned the type and amount of light for the parking
lot and garage area. Mr. Simon stated that the parking lot would
have site lighting as would each of the garage units.
Additionally! the townhome units would have a light on the front
and back porch.
Hiemenz questioned if HRA would be replatting the property making
the lot one parcel and non-saleable as separate lots. Kalinowski
stated that the City Attorney has recommended replatting the
property to one single lot.
Bob Wesley stated that he has recently purchased a townhome in
Cedar Village and questioned if the project as proposed is too
large for the site. Mr. Lenzner stated that the reason the site in
st. Joseph was chosen was because it was large enough to
accommodate twelve units. HRA funding allocates a certain dollar
amount for each unit. Therefore! if the number of units were
reduced on the site, the units would not be any larger and the
garages would not be attached.
Hiemenz questioned if HRA would provide an on-site Manager. Ms. .
Josephs stated HRA does not have a provision for hiring an onsite
manager, nor would they consider one.
Þ
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.fi .
. Kalinowski made a motion to recommend Council approval of the
twenty (20) foot variance on the rear yard setback as requested by
stearns County HRA. Approval is recommended based on the following
findings:
In consideration of the information presented to the Planning
Commission and its application to the Comprehensive Plan and
Ordinances of the City of st. Joseph, the Planning Commission makes
the following findings:
st. Joseph Code of Ordinances 52.7 subd 2: A variance shall
not be granted by the Board, or by the Council upon review, unless
they find the supporting findings:
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. The exceptional
circumstances must not be the result of actions taken by the
petitioner.
Finding: The property as described above is landlocked and
does not have an ingress/egress. Additionally, access to outlot A
was denied by the property owners.
d) That the proposed var~ance 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 in any
other respect impair the public health, safety or welfare of the
residents of the City.
Approval is based on the following contingencies:
a) Approval of the Fire Chief
b) Presentation of a final draft of plan C2 (see attached)
c) Replatting of the property as recommended by the City
Attorney.
The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
Mr. Lenzner requested the Commission grant approval of the special
use permit so they would have flexibility. The Commission
clarified that the move to approve the variance is only for the
attached site plan, any changes in the plan would require further
action by the Planning Commission. Therefore, Sniezek made a
motion to table the request for Special Use until September 6,
1994. The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
. Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:30 p.m.
3
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Public Hearing - Front yard Variance Reauest, Rosemary Meyer:
Klein called the hearing to order at 8:30 p.m. The purpose of the
hearing is to consider a twelve (12) foot variance on the front
yard setback to allow construction of an accessory building.
st. Joseph Code of Ordinances 52.16 subd 6(a) states.. "Front yard
setbacks of not less than 30 feet on 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 or¡ if there
be residences upon only one side, then beyond the straight line
projected from the front of the nearest residences, but this
regulation shall not be interpreted to require a front yard of more
than 50 feet. Where the street is curved the line shall follow the
curve of the street rather than to be a straight line. "
The property is legally described as follows: The North lOO feet
of the North 208.72 feet of the South l¡722.14 feet of the west
One-half of the Southwest Quarter (W 1/2 SW 1/4) of Section Eleven
(ll) , Township One Hundred Twenty Four (124) North of Range Twenty
Nine (29) West. ·
Rosemary Meyer spoke on her behalf. Ms. Meyer stated that she had
met with the Building Inspector to discuss the possibility of
constructing an addition to her house and a garage. At this time
a building permit was issued. Therefore.. the excavation was
complete and the footings were ready for inspection when the City
had the project stopped. Ms. Meyer stated that it wasn't until
this time that she was aware she was in violation of the City
Ordinance. Klein opened the hearing to those present.
Those present expressed concern as to how this error occurred and
what can be done to prevent this from happening in the future.
Their neighborhood still has vacant lots and they are looking for
some assurance that the City Ordinances will be adhered to.
Kevin Rocheleau stated that he has no objections to the variance
request of Ms. Meyer. Since Ms. Meyer has purchased the property
she has continued to improve the property and the proposed addition
will be a benefit to all the neighbors, as she is increasing the
home value.
After discussion, Kalinowski made a motion recommending the Council
approve the twelve (12) foot variance request based on the
following:
In consideration of the information presented to the Planning ·
Commission and its application to the Comprehensive Plan and
Ordinances of the City of St. Joseph, the Planning Commission makes
the following findings:
if
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'.-<
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St. Joseph Code of Ordinances 52.7 subd 2: A variance shall
not be granted by the Board, or by the Council upon review unless
they determine supporting findings:
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. The exceptional or
extraordinary circumstances must not be the result of actions taken
by the petitioner.
Finding: An error was made in the authorization of the
building permit, which was not the results of actions taken by the
petitioner.
b. That the literal interpretation of the provisions of this
Ordinance would deprive the petitioner of rights commonly enjoyed
by other properties in the same district under the terms of this
Ordinance.
Finding: The petitioner has a right to have a garage.
d. That the proposed variance wi 11 not impair an adequate
supply of light and air to adjacent property, or diminish or impair
established property values within the surrounding area, or in any
other respect impair the public health, safety or welfare of the
residents of the City.
. Finding: As stated by the neighbors, allowing this addition
will only increase the surrounding home values.
e. That the condition or situation of a specific piece of
property, or the intended use of said property, for which the
variance was sought, is not of so general or recurrent a nature as
to make reasonably practicable the formulation of a general
regulation for such conditions.
The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hi emenz., Brixius.
Nayes: None. Motion Carried 7:0:0
Kalinowski made a motion requesting the Council send a letter to
the Building Inspector expressing concern as to how this error
could happen and request that he review the City Ordinances to
avoid future errors. The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:50 p.m.
Public Hearina - Joe Mi 11 er. Cold Storaae Facilitv: Chair Klein
. call ed the hearing to order at 8:50 p.m. The purpose of the
hearing is to consider a request for special use permit. This
permit would allow for the construction of cold storage units in an
area zoned General Business. St. Joseph Code of Ordinances 52.20
subd 3(e) allows other uses determined by the Planning Commission
"..-
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.
to be of the same character.
The property is legally described as follows: The West Two Hundred
(200) feet, as measured along the Northerly right-of-way line of
Trunk Highway Number Fifty-two ( 52) of the following described
tract: All that part of the Southeast Quarter of the Northwest
Quarter (SE 1/4 NW 1/4) of Section Ten (10), in Township One
Hundred Twenty-four (124) North! of Range Twenty-nine (29) West! in
Village of st. Joseph, Stearns County Minnesota, described as
follows: Commencing at the Southeast corner of the Northwest
Quarter (NW 1/4) of Section 10; thence on an assumed bearing of
North along the East line of said Northwest Quarter (NW l/4) , a
distance of 559.3l feet to a point on the Northerly right-of-way
line of Trunk Highway 52; thence 88 degrees! l8 minutes West along
said right-of-way line 831.57 feet; thence North 01 degrees, 35
minutes East 290.22 feet to its intersection with the Southwesterly
right-of-way line of the Burlington Northern Eailroad; thence
Southwesterly along said right-of-way line to its intersection
which said East line of Northwest Quarter (NW 1/4) of Section 10;
thence South along said East line 87.9l feet to the point of
beginning.
Joe Miller spoke on his behalf. Mr. Miller stated that he plans to
construct a storage facility with 14 units. Each unit would be 10' .
x 24 I, and would be used for the storage of household goods and
vehicles. In addition, he would be constructing a shed 24' x 30'
for storage.
City Engineer, Joe Bettendorf, submitted a letter request.lng that
the location of the sewer line be verified so as not to construct
on top of the line. Mr. Miller stated that his proposal would not
be on the sewer line.
Mr. Miller present written authorization from Burlington Northern
Railroad to construct the storage units one foot inside the
railroad right-of-way.
There being no one present to object, Lesnick made a motion to
recommend Council approval of the Special Use Permit to construct
a cold storage units, based on the following:
In consideration of the information presented to the Planning
Commission and its application to the Comprehensive Plan and
ordinances of the City of st. Joseph, the Planning Commission makes
the following findings:
St. Joseph Code of Ordinances 52.8 subd 4: The Planning
Commission shall recommend a special use permit and the Council
shall order the issuance of such permit only if both the Planning
Commission and Council find that such use at the proposed location: .
Findings: The special use meets all the requirements a-k.
&
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.
The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 9:10 p.m.
Hiemenz reported on a parking lot that was being constructed in non
compl iance wi th the st. Joseph Code of Ordinances. The parking lot
is for the property owned by Sunset Manufacturing. The City
Council will be sending a letter requesting compliance.
Chair Klein adjourned the meeting at 9:20 p.m.
<¡~1ffl4
udy Weyrens
. Secretary of the Commission
.
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AUG-17-94 WED 15:05 RAJKOWSKI HANSMEIERLTD F AX NO. 6122515896 P, 02
. V
RAJKOWSK1 HANS MEIER LTD.
~~
A.Honl~Y' lIt Law
Reply to: st. Cloud
--VIA FAX--
Sr. CLOUt)
11 5evcr.rh Avenue Norlh August 17, 1994
P,o. 6"" 1433
St, CJ~ud, MN 5630Z-101JJ Ms. Rachel Stapleton
ól:!'251'1~ st. Joseph city Clerk
';CQ·.us·9617 P.O. Box 668
!'..\X 512.251-5396 st. Joseph, MN 56374
RE: Fire Hall Selection Process
MINNE.'I.rOLIS Our File No. 16,718
~!'!=vn
is South 5ev~nth S~retH Dear Rachel:
Mlnnc~pc!", MN 55400.-162-0 I It is my understanding that an oral presentation has
612'~9-9206 I
. ¡;ro'44~-9617 I been presented regarding the appraisal of the Roske
property. It is also my understanding that Joe
F....X 612'251':596 I Bettendorf has put together cost figures regarding
demolition and improvement to the various fire hall
I sites. I would recommend that this information be made
I available to the public. I would recommend that the
transcript of the appraisal presentation be r~viewed
FP.AN/Ç f. RAlxows/Ç/ . and a written summary prepared of the opinions
GOIICr1N H. Ht'.N$ME1Sx expressed in the preséhtatìon. As this is an issue of
, FR£DëR!CK L GRUNK! significant public concern, ¡ feel that it is important
THOMAS G. IOVANCV/'1I I for the Council to share all of this financial
JOHN H. SCH~JI¡;R information with the public so that an informed
decision may be reached. If the Cogncil concurs, I
PAW A [tm:cwsxl would recommend that a resolution be passed at
KEVIN F- GRAy Thursday's meeting authorizing the release.
WlLUAM T, C....S¡.¡MAN
DA'liD T, SHAY ! would also suggest that the Council look at setting a
RICHA"P w, S03ALVAI!R() special meeting to consider final selection of a sit~
MIC;'¡A~t c. RA1!(OW~ (1 and authorizing the preparation of a purchase proposal
with a specific dollar amount for the purchase of the
site selected by the Council. It would be my
recommendation that the Township Board be invited and
allowed to participate in this process.
JAMIó$ H. KELlY, M.D" F.A.C.P. This recommendation is made b~sed upon an assumption
MtCIc:;.~ <:"N5UL~"'NT
orÚ).AN!M~"S~ IS ACMtrTtO II) rru.Ç¡;CC that the two governing bodies wish to move forward with
I OAtu)':'). ,\NO W~ON5tN. this issue and work toward a resolution. On the other
Þ,. RNKC\\~~f :''' W1..'<.'<1NNJoj hand, if the Council believes that additional
'I'" WILUh\. J. (/ISI¡¡'W<)i" SOII1!i D"'KOTA. information and study is necessary before a decision
. MS'WilR Ct AMGr<Ic:,\N can be made, then the appropriate action would be to
B..'JAIW or- TRIAL ÁOvCCAT.... direct that further action be undertaken.
I
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AUG-17-94 WED 15:06 RAJKOWSKI HANSMEIER LTD FAX NO, 6122515896 p, 03
.
Ms. Rachel Stapleton
August 17, 1994
Page -2-
As a third alternative, the city could decide that now is not the
right time to proceed with this project and table the matter
indefinitely. From what I have heard to date from the council, I
do ~ot believe that this would be an alternative which would be
under consideration.
Would you please refer these comments on to the council in
conjunction with your city Clerk reports. The Council may take
the action it deems appropriate at that time.
Very truly yours,
RAJKOWSKI HANSMEIER LTD.
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.4Horne!Js lit Law
Reply to: st. Cloud
--VIA FAX--
5T,CLOUD
11 Scv\!rt~"'Avcnu~ Nonh August 17, 1994
P.O. 80x 1433
St. Cloud, MN 56J02.-1433 Ms. Rachel Stapleton
612*251-1055 st. Joseph Clerk Administrator
.00'445'9617 P.O. Box 668
I'....x 612.251'5596 st. Joseph, MN 56374
RE: Amendment to Ordinance 104
MINNEAPOLIS Our File No. 16,397
1~04 !'1~7.a VI[
45 SQUlh Sewoth Stroot Dear Rachel:
Mlnnlh1poli:, MN 55402·]610 Accompanying this letter is further revision of the
a
612'339'9206 Amendment to the Dog Ordinance. I have added section
$00'445-96]7 104.15. What had been 104.15 h&s been renumbered as
. FAX ~!2'2S] '5896 Section 104.16. If this is acceptable for the council,
have them pass this additional Amendment on Thursday,
and the Ordinance may be sent out forpublication* If
they want some further changes, please let me know and
I will have those changes made before the Ordinance is
FRItNK ,. ¡V./K()WôKI . sent for publication. Thank you.
GOI/OON H. HANSME.I~I/
F¡;'óDERICK L. GRVNKö Very truly yours,
THOMA5 G.JOV¡ NOV/CI-I
¡OliN H. Sa/ERE/{
PAUL A. ~Al!(OWS/((
KS'II.N F. GM Y
Wl~~IN..r ,. C....SIlMilN
DAVID T. SHity
RIC/'MRQ W. SOOALVA«,~O
lVÚCHltëL C. RA/KO¡VSK! JHS/baz
Enclosure
L,\~e~\16397\¡fOB1794,011
JAM.~5 fj, KSLL y, M,/)., ¡:.A.c.p,
M~o:c,l~ CON~ULTANT
CoRDON H. HAN~~1GI~R J; ADMITTED '1'<) '"^<:T1CG
IN NORTH DAKOTA AND WI~'oN$JN,
.l.... R.I ¡:o,.'5{( IN WI!òCON5IN
A lAM]. CAsHM....1Ii II' SOlm r DAKOTA.
. MEMGç~ Of AMGRICAN
30ARD orT"JA~ At>VOCATfS,
ÁUG-17-9~ WED 10:56 RAJKOWSKI HANSMEIER LTD FAX NO, 6122515896 p, 03
.
AMENDMENT TQ ORDINANCE 1041
,\ LICENSING AND REGULA11QN OJtANIMAt~
w
The City Council for the City of St. Joseph hereby ordains:
That Ordinance 104 of the S1. Jos..e,ph Code of Ordinances is resc.inded and the following
enacted in its place:
Section 104.1: MAINTENANCE OF ANIMALS. It shall be unlawful for any person to own
or harbor an animal within the cOJ:porate limits of the City unless specifica1.ly permitted by this
Ordinance or by special permit granted by the City Council.
Subd, 1: Permitted Animals. The following animals shall be permitted without special
permit:
a) Up to two (2) domestic dogs over three months old per household.
b) Up to three (3) domestic cats over three months old per household.
. c) Up to fifteen (15) domestic cats or dogs under three month5 old per household.
d) Fish maintained in an aquarium.
e) Hamsters) gerbils, guinea pigs or lab rats maintained in an aquarium or cage located
within a building.
t) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than 16"
in length} and maintained in an aquarium or cage located within a building.
I
g) Nonpoisonous insects maintained in an aquarium or cage located within a buildîng.
h) Birds purchased from a licensed pet seller and maintained in a bird cage located within
a building.
Subd, 2: Animals Permitted by Special :E.cmnit. Animals not specifically permitted may be
allowed by special permit of the City Council if meeting the following criteria:
a) The animal is not specifically prohibited by Subd. 3 of this section.
b) The ownership or harboring of the animal shall not create a threat to the peace. repose,
safety or health of the general public or residents residing in the area in which the animal will be
maintained. , .
. c) The ownership or harboring of the animal will not result in offensive noise or odors.
Permission may be withdrawn by the Council for failure of continued compliance with
subdivisions 2a through 2c above.
IIUY ! r. \J.. "LV 1 U . ;J ( ~HJhUW~Kl HAN~MEIER LTD FAX NO. 6122515896 P. 04
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Subd. 3: prohibited Animals. The ownership or harboring of the following animals within
the City is specifically prohibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese, sheep,
goats, ducks and turkeys.
b) Predatory animals usµaUy fQund in the wild, including but not limited to lions, bears,
wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the monkey famlly.
c) Animals, the importation or sale ofwhlch as a pet, is prohibited by state or federal law.
d) Minnesota animals found in the wild, the hunting or trapping of which is totally
prohibited or which requires a big game license.
Section 104.2: ANIMALS NOT TO BE pERMITTED TO RUN AT LARGE. It shall be
unlawful for the owner of any animal to permit the same to run at large anywhere in the. City of
St. Joseph other than the property of the owner thereof.
Section 104.3: ALL DOGS TO BE LICENSED· FEE. It shall be unlawful for any person
to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph without
having frrst obtained a license as herein provided. Any person who desires to maintain or preserve
. any right or property in such dog or dogs shall annually procure a license for the dog so owned or
harbored. The annual license fee. shall be in an amount as established by resolution of the City
Council shall be paid to the City Clerk. No license fee shall be required for any dog which is less
than three (3) months old. No person shall operate. a dog kennel within the corporate limits of the
City of St. Joseph, except in an area zoned for industria! use as may be permitted by a special use
permit.
Section 104.4: DOG LICENSES TO BE GRANTED BY CITY CLERK. A dog license
shall be granted upon payment to the City Clerk of the fees above provided and shall continue to
be in force until the 1st day of April next succeeding the date of 1ts issuance.
Section 104.5: APPLICATION FOR DOG LICENSE. In applying for a dog license, the
owner shall state in writing the name, sex, breed, itge, color and marking of the dog for which the
license is to be procured on forms provided by the City Clerk. Every application for a license shall
be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensGd
has been given a vaccination against rabies.
Section 104.6: EVERY DOa TO WEAR A COLLAR. Every dog so licensed, must wear
a collar around its nec~ to which shall be attached a metal tag, distinctly marked with the year in
which the same is issued, and a number designated by the City Clerk, which Dumber shall be stated
in the license granted. Such metal tag shall be furnished by the City, and no other tag shall be
issued as a substitute therefore, except that in case any person owning a dog states in writing to the
City CIßrk that the licen&e tag theretofore issued has been lost, the city Clerk shall be permitted
to issue to such person a new tag upon payment by the applicant of the sum of Three Dollars ($3)
. to the City Clerk. The new tag shall be in the same form as the original tag. It shall be unlawful
for 3ny person tQ make, seU, PQrchase or transfer in any way any such tag or counterfeit the same
in any manner, or to place or permit to be placed any tag so made, sold, purchased, trans£ßrred or
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ImJ I\.UWbl\.l HIìN::'lJtl tN L'I ù rAX NO. 6122515896 P.05
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counterfeited, upon his dog or any dog in. his custody or keeping or to place or permit to be placed
any tag issued as aforesaid upon any other dog than the one for which such tag was originally issued
by the City Clerk.
, Section 104.7: RECORD OE LICENSE. The City Clerk shall keep in a book to be
provided for that purpose, a record of all dog licenses issued with the 11ame and residence of the
person to whom issued. and the numbðr designated upon thð metal tag furnished therewith.
Section 104.8: ~EIZURE OF UNLICENSED DOGS. It shall be lawful for the dog license
inspector or any of his duly authorized assistants or any peace officer or any person duly a.uthorized
by a member of the Board of Health to capture, seize and deliver to the dog license inspector, or
the keeper of a public pound any dog owned) harbored or permitted to run at large in violation of
the provisions of Sections 1~ 2, 5 or 10 of this Onlinance.
Section 104.9: POSSESSION OF DOG· HOW REC.QVERED. Any dog so seized and
:impoundðd may be redeemed by the owner thereof at any time within five (5) days after such
sejzure and impoundment upon payment of a penalty Ì11 an amount as established by Resoluti<m
of the City Coundl, and a written statement of ownership, together with proof that a license has
been duly issued for said dog or if no license has been previously ,issued upon payment of the
license fee together with thð aforementioned penalty. H the OWner of the dog seized or impounded
under the provisions of this ordinance does not resume possession of said dog in compliance with
. the foregoing provisions within five days after seizure or impoundment thereof, he shall forfeit all
right to and property in such dog.
Section 104.10; IMPOU.~ENT OF DT§EASED DOGS. OR DOGS SUSPECTED Qf:
BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which may be
suspected of ha.ving hydrophobia may be immediately seized whether on or off the premises of the
owner and may be impounded for such period as directed by the Health Officer. All costs in,çident
to and part of such impoundment shall be paid by the owner of said dog. In the vent the dog is
determined to be rabid said animal shan be destroyed under the direction of the Health Officer,
If the dog is determîn~d not to be rabid, said dog shall be returned to is owner upon payment of
¡ all çosts of impoundment. If the owner shall fail to pay the costs of impoundment within five days
after receiving written notice of the amount then the animal shall be destroyed at sold for
impoundment costs. Whenever the prevalence of hydrophobia renders such action necessa.ry, to
protect the public health and safety, the Mayor may issue a proclamation ordering every person
owning or keeping a dog to confine it securely on his premises unless it is muzzled so tha.t it cannot
bite. No person shall violate such proclamation, and any unmuzzled dog running at large during
the time affixed in the proclamation shall he killed by the police without notiç~ to the owne,r.
Section 104.11: ANY PERSON HARBORING AN ANI~L SHALL BE DEEMED ITS
OWNER. Any person owning or harboring an animal for three (3) consecutive days shall; for the
purpose of this ordinance, be deemed the owner thereof, and if that per.son be a minor, the parent
or guardian of the said minor shall be deemed to be the owner thereof.
Section 104.12: INTERFERENCE Willi OFFICERS OR OTHER PERSONS. It shall
. be unlawful for any person to molest or in any way interfere with any peace officer. poundmaster,
or any of their duly authorized assistants or with any duly authorized agent or any person
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.. authorized by the Health Officer while engaged in the perfonnance of work under the provisions
of this ordinance.
Section 104.13: D{!STRUCTION OF VICIOUS .AN1~. The Health Officer shall have
the power to order the destruction of any dog or other animal which he may deem dangerous and
vicious, whether licensed or notl after three (3) days written notice to the owner thereof, and after
affording the owner or keeper of such dog or other animal an opportunity to be heard. Whenever
it shall appear to the satisfaction of the Health Officer that any dog, while running at large has
bitten one or more persons, such dog shall be deemed. to be a vicious dog.
Section 104.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of five
(5) days from the time a dog or cat is impounded as provided for in this ordinance, if said dog or
cat has not been reclaimed in accordance with the provisions hereof, it shan be the duty of the
license inspector to cause such dog or cat to be disposed of in accordance with the most humane
and approved methods as directed by the Health OffÎcer.
Section 104.15: REMOVAL OF DOG EXCREMENT.
Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any propertyt
public or private, not owned or possessed by such person, unless such person has in his or her
immediate possession a device for the removal of the excrement and a depository for the
transmission of excrement to a proper receptacle located upoo property owned or possessed by such
. person.
Subd, 2: It shall be unlawful for any person m control of, c.ausing or permitting any dog to
be on MY property, public or private, not owned Or possessed by such persont to fail to remove
excrem~nt left by such dog to a proper receptacle located on property owned or possessed by such
person.
Subd. 3: It shall be unlawful for any person, owning or ha.rboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An "u:nr~asonable accumulation" is dermed as an accumulation which omits an offensive odor which
can be detected from adjacent property, which is unsightly or offensive to the sight or which creates
a public health risk.
Section 104.16: PENA~1X. Any person violatÎIlg any of the provisions of the Ordinance.
shall be deemed guilty of a misdemeanor.
This Amendment to Ordinance 104 was passed the 18th day of August, 1994 by the City
Council for the City of 8t. Joseph.
Mayor
. Clerk/Administrator
N;\~\'lJoc\*r0722\14.m
4
St. Joseph
Volunteer Fire Department
ST. JOSEPH, MINNESOTA 56874
Office of the Chief
August 171 1994
Honorable Mayor Reber and
Members of the Council
st. Joseph, MN 56374
Dear Mayor Reber and Members of the Council:
I have been asked by the Planning Commission to review the site
plan for HRA, to construct three (3) four (4) unit townhome
dwelling units. After reviewing the plan, I have the following
comments:
l. I would recommend that a fire hydrant be installed on the
. West end of the driveway by the cul-de-sac.
2 . On the south side, adjacent to Outlot AI and the East
Side, I would recommend execution of a written agreement
prohibiting the installation of a fence on these sides of
the property. If a fence were installed it would become
difficult to fight a fire at the corner unit.
3. I would recommend that a designated fire lane be
established and maintained I including signage. This would
allow easier access for emergency equipment.
For your convenience I have enclosed a drawing illustrating the
above comments. If you have any additional questions please
contact me.
Dick
Fire St. Joseph J
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Pursuant to due call and notice thereof, the City Council for the
City of St. Joseph met in special session on Thursday, August 11,
1994 at 7:00 p.m. in the City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke,
Bob Loso, Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel
Stapleton.
OTHERS PRESENT: Deputy Clerk Judy Weyrens, Michael McDonald.
Mayor Reber called the meeting to order at 7:00 p.m. and stated
that the purpose of the meeting is to go over the proposed budget
for 1995.
The Council reviewed the 1995 draft budget for the general fund,
bond funds, and enterprise fund. The Council questioned if the
effect the growth would have on the tax base and requested
information on it in relation to the tax levy.
The Council went through the budget by line item and made cuts in
many areas.
Loso questioned the need for dues to the St. Cloud Area Economic
. Development Partnership, but Mayor Reber, Hazen, and Hiemenz spoke
in support of it. Mayor Reber discussed planning for future needs
for a new city complex.
The Council discussed the Police Chief request for additional
staff. They generally supported budgeting for out-sourcing
transcription of tapes. Rieke discussed the need to have a
confidentially agreement with any out-sourcing service. There was
discussion of street maintenance needs, water rates, and hookup
fees.
Loso made a motion to recess for 10 minutes at 8:35 p.m.; seconded
by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:45 p.m.
Council continued to discuss ways of decreasing the budget in order
to provide adequately the necessary services. Methods discussed
were percentage across the board cuts and specific areas or item
cuts.
During the discussion of the need to make cuts to it, Hazen
recommended cuts to the Park budget and Loso objected, where upon
he left the meeting at 8:55 p.m.
. The Council continued to discuss specific ways to reduce the budget
to a workable level. Rieke supported either across the board cuts
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or to make specific cuts at the next meeting. Hiemenz requested to
complete the cuts at this meeting. Mayor Reber felt that the
Department Heads and Boards could make the cuts in their areas.
After further discussion the Council made cuts from the Capital
Outlay areas which will defer some purchases to a future year.
PARKING LOT: Hiemenz discussed that Sunset Supply is building a
parking lot, which does not conform to the ordinance requirements.
Hiemenz made a motion to send a letter to the owners of Sunset
Supply stating such, along with a copy of the ordinance. The
motion was seconded by Hazen.
Ayes: Reber, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
Hazen made a motion to adjourn at 9:58 p.m.; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
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Rachel Stapleton
Clerk/Administrator
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Pursuant to due call and notice thereof, the Planning Commission
for the city of st. Joseph met in special session on Monday, August
15, 1994 at 7:00 p.m. in the st. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners S. Kathleen
Ka¡~~owsk~, Marge L~snick, Linda Sniezek, Dan Nierengarten, Andy
Br~x~us. CouncllLlaison Ken Hiemenz. Secretary Judy Weyrens.
Others Present: Kathy Scheil, Leanne Walsh, Oda Larson, Elizabeth
Doyle, Mary Krafnick, Janet Nadeua, Mary Johnson, Coral Heinen,
stan Larson, James Jopp, Howard Pierskalla, Michelle Lindell, Bob
Wesely, Igor Lenzner, Cheryl Josephs, Kent Simon, Rosemary Meyer,
Fran Court, Marilyn Court, Kevin Rocheleau, Kevin Schirmers, Alban
Mohs, Elmer Pryzbilla, Irvin KI ocker / Ben Hollerman, Joe Miller,
Peter· Giroux.
Public Hearing - Stearns County HRA: Chair Klein called the
hearing to order at 7:l5 p.m. The purpose of the hearing is to
consider a request for a special use permit. This permit would
allow for the construction of duplexes in an area zoned R-3.
Additionally, the hearing will consider the following variances:
a. 35' variance on the front yard setback
b. 20' variance on the side yard setback
c. 40' variance on the rear yard setback
.
st. Joseph Code of Ordinances 52.l8 subd 7(a) requires the front
yard of any R-3 residence to be thirty-five (35) feet. Ordinance
52.18 subd 7 (b) requires side yard setback of not less than twenty
(20) feet. Ordinance 52.l8 subd 7(c) requires a rear yard setback
of not less than forty (40) feet. The variance is being requested
to construct townhomes.
The property is legally described as follows: Lots 1-6/ Block 1/
Cedar Village II; Lots 1-4/ Block 1 Cedar Village I I I.
Igor Lenzner, legal counsel for HRA, spoke on their behalf. Mr.
Lenzner stated that they sketched four (4) plans altering the
layouts and at this time would like opinion from the neighbors and
the Commission. HRA would like to reach a compromise with the City
and the neighbors in an effort to construct a successful project.
The dwelling units have been changed from six (6) duplex dwelling
units to three (3) four (4) unit townhome dwell ing uni ts. The
access to the units has been changed from Outlot A to variations on
the east and west side of the proposed construction. A cul-de-
sac, with a 50' radius is located on the rear of the parking lot.
The radius should be sufficient for emergency equipment to turn
around. All the sketches include a green area located centrally in
. the development.
Each of the four (4) plans require a twenty (20) foot variance on
the rear yard setback. Additionally, one (1 ) proposal requires a
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variance on the setback of the garage, and another requires a side .
yard setback variance. If the four plans are not acceptable to the
Commission, an alternative plan was presented that did not require
any consideration of the Planning Commission.
Howard Pierskalla questioned if the HRA could attach the garages to
the units. By attaching the garages, the units would be more
consistent with the existing townhomes. Kent Simon, architect for
HRA, stated that HRA does not have additional funding to attach the
garages as it is very costly.
Those present questioned where the snow would be hauled in the
winter. Mr. Simon stated that HRA would be managing the property
site and the snow would not be deposited on property other than
that which they own. The snow would be deposi ted in the green
area.
Mike Murphy questioned whether the HRA would construct a fence
behind the cul-de-sac to prevent headlights from shining in the
adjoining townhomes. Cheryl Josephs, HRA representative, stated
that fencing is not part of the project and they are not willing to
add fencing.
Commissioners and those present discussed the distance between the
garage units and the dwelling units and questioned if the distance
could be reduced. Mr. Simon stated that for those residents .
occupying the units, a garage 1S an amenity and the distance does
not make a difference. Additionally I if the garages were moved
closer to the dwelling units, the green space would be diminished.
Kalinowski questioned the type and amount of light for the parking
lot and garage area. Mr. Simon stated that the parking lot would
have si te 1 ighting as waul d each of the garage uni ts.
Additionally, the townhome units would have a light on the front
and back porch.
Hiemenz questioned if HRA would be replatting the property making
the lot one parcel and non-saleable as separate lots. Kalinowski
stated that the City Attorney has recommended replatting the
property to one single lot.
Bob Wesley stated that he has recently purchased a townhome in
Cedar ViII age and ques t i oned if the pro j ect as proposed is too
large for the site. Mr. Lenzner stated that the reason the site in
st. Joseph was chosen, was because it was large enough to
accommodate twelve units. HRA funding allocates a certain dollar
amount f or each uni t. Therefore, if the number of uni ts were
reduced on the si te I the uni ts woul d not be any 1 arger and the
garages would not be attached.
Hiemenz questioned if HRA would provide an on-si te Manager. Ms. .
Josephs stated HRA does not have a provision for hiring an onsite
manager, nor would they consider one.
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Kalinowski made a motion to recommend Council approval of the
twenty (20) foot variance on the rear yard setback as requested by
stearns County HRA. Approval is recommended based on the following
findings:
In consideration of the information presented to the Planning
Commission and its application to the Comprehensive Plan and
Ordinances of the City of st. Joseph, the Planning Commission makes
the following findings:
st. Joseph Code of Ordinances 52.7 subd 2: A variance shall
not be granted by the Board, or by the Council upon review, unless
they find the supporting findings:
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. The exceptional
circumstances must not be the result of actions taken by the
petitioner.
Finding: The property as described above is landlocked and
does not have an ingress/egress. Additionally, access t:o outlot A
was denied by the property owners.
d) That 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 in any
other respect impair the public health, safety or welfare of the
residents of the City.
Approval is based on the following contingencies:
a) Approval of the Fire Chief
b) Presentation of a final draft of plan C2 (see attached)
c) Replatting of the property as recommended by the City
Attorney.
The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
Mr. Lenzner requested the Commission grant approval of the special
use permit so they would have flexibility. The Commission
clarified that the move to approve the variance is only for the
attached site plan, any changes in the plan would require further
action by the Planning Commission. Therefore, Sniezek made a
motion to table the request for Special Use until September 6,
1994. The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
· Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:30 p.m.
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Public Hearing - Front yard Variance Reauest, Rosemary Meyer:
Klein called the hearing to order at 8:30 p.m. The purpose of the
hearing ~s to consider a twelve (12) foot variance on the front
yard setback to allow construction ot an accessory building.
st. Joseph Code of ordinances 52.16 subd 6(a) states, ItFront yard
setbacks of not less than 30 feet on all public right-ot-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 or, if there
be residences upon only one side, then beyond the straight line
projected from the front of the nearest residences, but this
regulation shall not be interpreted to require a front yard of more
than 50 feet. Where the street is curved the line shall follow the
curve of the street rather than to be a straight line. "
The property is legally described as follows: The North 100 feet
of the North 208.72 feet of the south l,722.14 feet of the West
One-half of the Southwest Quarter (W 1/2 SW 1/4) of Section Eleven
(ll), Township One Hundred Twenty Four (l24) North of Range Twenty
Nine (29) West. ·
Rosemary Meyer spoke on her behalf. Ms. Meyer stated that she had
met with the Building Inspector to discuss the possibility of
constructing an addition to her house and a garage. At this time
a building permit was issued. Therefore, the excavation was
complete and the footings were ready for inspection when the City
had the project stopped. Ms. Meyer stated that '"- wasn't until
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this time that she was aware she was in violation of the city
Ordinance. Klein opened the hearing to those present.
Those present expressed concern as to how this error occurred and
what can be done to prevent this from happening in the future.
Their neighborhood still has vacant lots and they are looking for
some assurance that the City Ordinances will be adhered to.
Kevin Rocheleau stated that he has no objections to the variance
. request of Ms. Meyer. Since Ms. Meyer has purchased the property
she has continued to improve the property and the proposed addition
will be a benefit to all the neighbors, as she is increasing the
home value.
After discussion, Kalinowski made a motion recommending the Council
approve the twelve (l2) foot variance request based on the
following:
In consideration of the information presented to the Planning ·
Commission and its application to the Comprehensive Plan and
Ordinances of the City of St. Joseph, the Planning Commission makes
the following findings:
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St. Joseph code of Ordinances 52.7 subd 2: A variance shall
not be granted by the Board, or by the Council upon review unless
they determine supporting findings:
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. The exceptional or
extraordinary circumstances must not be the result of actions taken
by the petitioner.
Finding: An error was made in the authorization of the
building permit, which was not the results of actions taken by the
petitioner.
b. That the literal interpretation of the provisions of this
Ordinance would deprive the petitioner of rights commonly enjoyed
by other properties in the same district under the terms of this
Ordinance.
Finding: The petitioner has a right to have a garage.
d. That 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 in any
other respect impair the public health, safety or welfare of the
., residents of the City.
.~ Finding: As stated by the neighbors, allowing this addition
will only increase the surrounding home values.
e. That the condition or situation of a specific piece of
property! or the intended use of said property! for which the
variance was sought, is not of so general or recurrent a nature as
to make reasonably practicable the formulation of a general
regulation for such conditions.
The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz! Brixius.
Nayes: None. Motion Carried 7:0:0
Kalinowski made a motion requesting the Council send a letter to
the Bui 1 ding Inspector expressing concern as to how this error
could happen and request that he review the Ci ty Ordinances to
avoid future errors. The motion was seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick! Sniezek! Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:50 p.m.
Public Hearinq - Joe Miller. Cold Storaae Facility: Chair Klein
. call ed the hearing to order at 8: 50 p. m. The purpose of the
hearing is to consider a request for special use permi t. This
permit would allow for the construction of cold storage units in an
area zoned General Business. St. Joseph Code of Ordinances 52.20
subd 3(e) allows other uses determined by the Planning Commission
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to be of the same character.
The property is legally described as follows: The West Two Hundred
(200) feet, as measured along the Northerly right-of-way line of
Trunk Highway Number Fi f ty-two (52) of the f 0 11 owing desc ribed
tract: All that part of the Southeast Quarter of the Northwest
Quarter (SE 1/4 NW l/4) of Section Ten (10), ln Township One
Hundred Twenty-four (124) North, of Range Twenty-nine (29) West, in
Vi 11 age of St. Joseph 1 Stearns County Minnesota 1 described as
follows: Commencing at the Southeast corner of the Northwest
Quarter (NW 1/4) of Section 10; thence on an assumed bearing of
North along the East line of said Northwest Quarter (NW 1/4), a
distance of 559.31 feet to a point on the Northerly right-of-way
line of Trunk Highway 52; thence 88 degrees, 18 minutes West along
said ri ght - of -way line 831.57 feet; thence North 01 degrees 1 35
minutes East 290.22 feet to its intersection with the Southwesterly
right-of-way 1 ine of the Burl ington Northern Rai 1 road; thence
Southwesterly along said right-of-way line to its intersection
which said East line of Northwest Quarter (NW 1/4) of Section lO;
thence South along said East line 87.91 feet to the point of
beginning.
Joe Miller spoke on his behalf. Mr. Miller stated that he plans to
construct a storage facility with 14 units. Each unit would be 10' .
x 24', and would be used for the storage of household goods and
vehicles. In addition, he would be constructing a shed 24' x 30'
for storage.
City Engineerl Joe Bettendorfl submitted a letter reques~lng that
the location of the sewer line be verified so as not to construct
on top of the line. Mr. Miller stated that his proposal would not
be on the sewer line.
Mr. Miller present written authorization from Burlington Northern
Railroad to construct the storage units one foot inside the
railroad right-of-way.
There being no one present to object 1 Lesnick made a motion to
recommend Council approval of the Special Use Permit to construct
a cold storage units, based on the following:
In consideration of the information presented to the Planning
Commission and its application to the Comprehensive Plan and
Ordinances of the City of st. Joseph, the Planning Commission makes
the following findings:
St. Joseph Code of Ordinances 52.8 subd 4: The PI anning
Commission shall recommend a special use permit and the Council
shall order the issuance of such permit only if both the Planning
Commission and Council find that such use at the proposed location: .
Findings: The special use meets all the requirements a-k.
&
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...
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The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten,
Hiemenz, Brixius.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 9:10 p.m.
Hiemenz reported on a parking lot that was being constructed in non
compliance with the st. Joseph Code of Ordinances. The parking lot
is for the property owned by Sunset Manufacturing. The City
Council will be sending a letter requesting compliance.
Chair Klein adjourned the meeting at 9:20 p.m.
<t~~
udy weyrens
. Secretary of the Commission
.
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AUG-17-94 WED 15:05 RAJKOWSKI HANSMEIER LTD F AX NO. 6122515896 P.02
. V
RAJKOWSIO HANS MEIER L l' v.
Atforlley~ fit Law
Reply to: st. cloud
--VIA FAX--
ST. CLOUD
U.50vonth AVCnue NQrlh August 17, 1994
p.o, Box 1433
5:, c)o«d, MN 5630"-!0Ü3 Ms. Rachel Stapleton
612'25101055 st. Joseph City Clerk
800'«5'9617 P.O. Box 668
!'AX 612.251'5596 st. Joseph, MN 56374
RE: Fire Hall Selection Process
MINNr¡'4.rOLIS Our File No. 16,718
2904 Plaza VI!
G South Seventh $1(..1 Dear Rachel:
Mlr.r.~a~oh., MN 51>402-1620 It is my understanding that an oral presentation has
612'3.39'9206
. acO'4~!i'9617 been presèhted regarding the appraisal of the Roske
property. It is also my understanding that Joe
FAX612'~51'5596 Bettendorf has put together cost figures regardihg
demolition and improvement to the various fire hall
sites. I would recommend that this information be made
available to the public. I would recommend that the
FRANK f. RA!XOWs¡(1 . transoript of the appraisal presentation be reviewed
and a written summary prepared of the opinions
GORDr1N N. HIINSMErsI{ expressed in the preséhtatìon. As this is an issue of
, PRt;OERICK L GaUNX¡; significant public concern, t feel that it is important
THOMAS G,jOV,wOVICII for the Council to share all of this financial
JOHN H. SCHt;/ŒR information with the public so that an informed
decision may be reached. If the Co~nçil concurs, I
PAW A RA/¡';OWSI:¡ would recommend that a resolution be passed at
KEYIN F. GRilY Thursday's meeting authorizing the release.
WILLIAM I, C.iSHMA"
DAViD T. SHAY ¡ would also suggest that the Council look at setting a
R./C/IAR!J w. SQBliLVAI/fiO special meeting to consider final selection of a site
Mi'HM~ C. Rr\fKOW$~1 and authori2inq the preparation of a purchase proposal
with a specific dollar amount for the purchase of the
site selected by the Council. It would be my
recommendation that the Township Board be invited and
allowed to participate in this process.
IAMbS H. Km y. M.P., F,_.lt.C.p. This recommendation is made based upon an assumption
Mcolt:¡.t. CON1iUI:,rA.NT
O«'H,"~M~'~~ I~ AOM\'tT~O II) i'1\A~"j¡Ct that the two goverhinq bodies wish to move forward with
Rnt O"KUT" ANO W~\.<JN;;IN, this issue and work toward a resolution. On the other
AU1. A.It"'J<O\W~I"" WI'~"'~"NN hand, if the Council believes that additional
>Nt> WI1.UAO! ¡, c.:.\SllMAN IN SO\JTI'I D~KOT,~. information and study is necessary before a decision
. Ms>I.t;;;R OÞ AMUI(lC!>N can be made, then the appropriate action would be to
aoAIú) "" TRIA~ Aovoc...m. direot that further action be undertaken.
AUG-17-94 WED 15:06 RAJKOWSKI HANSMEIER LTD FAX NO. 8122515896 P,03
.
Ms. Rachel Stapleton
August 17, 1994
Page -2·
As a third alternative, the city could decide that now is not the
right time to proceed with thie project and table the matter
indefinitely. From what I have heard to date from the Council, I
do not believe that this would Þe an alternative which would be
under consideration.
Would you please refer these comments on to the council in
conjunction with your city Clerk reports. The Council may take
the action it deems appropriate at that time.
Very truly yours,
RAJKOWSKI HANSMEIER LTD.
JHS/baz .
L:\¡e~'16718'~081794.0l¡
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. i RA.JKOWSKI HANSMEIBR LTD.
Ælfarneys al Law
Reply to: St. Cloud
--VIA FAX--
ST. CLOUD
11 SCYIlnL'> Avcr.u. NQrL" August ~7, 1994
p,o, Box 1433
S~, CIIJ\IQ, MN 5&:;02.-1433 Ms. Rachel Stapleton
ó¡Z·251·¡OS5 I St. Joseph Clerk Administrator
ðOO·4. 5·9617 } P.O. Box 668
F.AX 612.251'5696 ! St. Joseph, MN 56374
,
I RE: Amendment to Ordinance 104
MINNEAPOLIS Our File No. 16,397
2;04 PI~za V II I
45 Soulh Sev""th 5trout \ Dear Rachel:
I
~Inn"'\pcl:'. MN 554O;¡.1620 Accompanying this letter is further revision of the
a
~12',39'92:6 Amendment to the Dog Ordinance. I have added Section
SCÚ·4-IS·9617 104.15. What had been 104.1.5 has been renumbered as
FAX ~!2'231 ':896 Section 104.16. If this ig acceptable for the council,
. have them pass this additional Amendment on Thursday,
and the Ordinance may be sent out for publication. If
l they want some further changes, please let me know and
I will have those changes made before the Ordinance is
Fl<IINiC ¡, RII/KOWSXI ' sent for publication. Thank you.
GOROON H. HANSMflER
fRëDERiCiC L, GiWNKõ very truly yours,
THOM/15 G. JOV/¡NOVlCii ,
{OliN H, ScmltEl'.
PAU~ A. RA/iWW$J(/
KEVlNF. GRtI Y
WI~r.IAM J. C"¡S¡'/MtlN
DAvID T. SHAY
l~lC}M¡¡O W. SQDA~V' R,~O
!vf¡CH¡lEL C. R.i¡KC;V!J(1 JHS/baz
Enclosure
L,\~e~\16397\af081794.all
JAM.5 tl, Kw. Y, M,D., ~.A..C.P.
MGD~c..<~ CONS\1LTANT
GoRDoN H, rr...·/tW,ijll;1t ~ AOMITIED to ......c;¡cG
IN NORTH DAKOTA AND W¡,¡cONSIN,
P"<II!.A R,\I~!(J (/OJ WOCCN5IN
A_lAM ¡. CAsHMAN IN $oUT! r OAKot A,
. MEMG~~ OF AMIlIUCAN
MD or T'JA~ ADlIO<:Ar,s.
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AUG-17-94 WED 10:56 RAjKOWSKI HANSMEIER LTD FAX NO, 6122515886 p, 03
·
AMENDMENT TO ORDlNANCE l04J
~ LICENSING AND REGULATIQN OF ANIMALS,
The City Council for the City of St Joseph hereby ordains;
That Ordinance 104 of the St. JoseJ)h Code of Ordinan.ces is rescinded and the following
enacted Ù1 its place:
Section 104.1: MAINTENANCE OF ANIMALS, It shall be unlawful for any person to own
or harbor an animal within the corporate limlts of the City unless specifically permitted by this
Ordinance or by spedal permit granted by the City Coundl.
Subd, 1; Permitted Animals, The following animals shall be permitted without special
permit:
a) Up to two (2) domestic dogs over thœe months old per household.
b) Up to three (3) domestic cats over three months old per household.
c) Up to fifteen (15) domestic cats or dogs under three months old per household. ·
d) Fish maintained in an aquarium,
e.) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage located
within a building.
f) Nonpoisonous and nondangerous snak~ lizards or other reptile¡;, no greater than 16"
in lengthl and maintained in an aquarium or cage located within a building.
I
g) Nonpoisonous insects maintained in an aquarium or cage located within a building.
h) Birds purchased from a licensed pet seller and maintained in a bird cage located within
a. building.
Subd, 2: Animals Permitted by Special Permit. Animals not specifically p~rmìtted may be
allowed by special permit of the City Council if meeting the following criteria:
a) The animal is not spedfically prolu'bited by Subd. 3 of this section.
b) The ownership or harboring of the animal shall not create a threat to the peace, repose,
safety or health of the general public or residents residing in the area in which the anímal will. be
maintained.
c) The ownership or harboring of the animal will not result .in offensive nois.e or odors. ·
Permission may be withdrawn by the Council for failure of continued compliance with
subdivisions 2a through 2c above.
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. Subd. 3: prohibited Animals, The ownership or harboring of the following animals within
the City is specifically proh.ibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese, sheep,
goats, ducks and turkeys.
b) Predatory animals us~lly fQund in the wild, including but not limited to lions, bears,
wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the monkey family.
c) Animals, the importation or sale of which as a pet, .is prohibited by state or federal1aw.
d) Minnesota animals found in th6 wild, the huntillg or trapping of which is totally
prohibited or which requires a big game license.
Section 104.2: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall be
unlawful for the owner of any animal to permit the same to I1.Ul at large anywhere in the· City of
St. Joseph other than the property of the owner thereof.
Section 104.3: ALL DQGS TO BE LICENSED· FEE. It shall be unlawful for any person
to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph wìthout
having fIrst obtained a license as her~in provided. Any person who desires to maintain or preserve
any right or property in such dog or dogs shall annually procure a license for the dog so owned or
. harbored. The annua11icense fee sball be in an amount as established by resolution of the City
Council shall be p~id to the. City Clerk, No license fee shall be required for any dog which is less
than three (3) months old. No person shall operate a dog kennel within the corporate limits of the
City of St, Joseph, except in an area zoned for industrial use as may be permitted by a special use
permit.
Section 104.4: DOG LICENSES TO BE GRANTED BY CITY CLERK. A dog license
shall be granted upon payment to the City Clerk of the fees above provided and shall continue to
be in force until. the 1st day of April next succeeding the date of its issuance.
Section 104,5: APPLICATION FOR DOG LICENSE, In applying for a dog license, the
owner shall state in writing the name, sex, breed, a.gel color and marking of the dog for which the
license is to be procured on forms provided by the City Clerk. Every application for a license shall
be accompanied by a certifi~te from a qualified veterinarian showing that the dog to be licensed
has been given a vaccination against rabies.
Section 104.6: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must wear
a èOllar around its nec~ to which shall be attached a metal ta~ distinctly marked with the YeM in
which the same is issued, and a number designated by the City Clerk, which Dumber shall be stated
in the license granted. Such metal tag shall be furnished by the City) and no other tag shall be
issued as a substitute therefore, except that in case any person owning a dog states in writing to the
City Clérk that the license tag theretofore Îssued has been lost, the CIty Clerk shall be permitted
to issue to such person a new tag upon payment by the applicant of the sum of Three Dollars ($3)
. to the City Clerk. The new tag shall be in the same form as the original tag, It shall be unlawful
for any persQn to make7 sen, purchase or transfer in any way a.ny such tag or counterfeit the same
in any manner, or to place or permit to be placed any tag so made, sold, purchased, transferred or
2
AUG-17-94 WED 10:58 RAJKOWSKI HAN~M~ltX LIU ! 110 I>VL
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counterfeited, upon his dog or any dog in his custody or keeping or to place or permit to be placed .
any tag issued as aforesaid upon any other dog than the one for which such tag was originally issued
by the City Clerk.
Section 104.7: RECORD OF LICENSE. The City Clerk shall keep in a book to be
provided for that purpose, a record of all dog licenses is~ued with the name and residence of the
person to whom issued, and the [lumber designated upon the metal tag furnished therewith.
Section 104,8; SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog license
in~pe.ctQr or any of his duly authorized assistants or any peace officer or any person duly authorized
by a member of th6 Board of Health to capture, seize and deliver to the dog license inspector, or
the keeper of a public pound any dog owned, harbored or permitted to run at large in violation of
the provisions of Sections I, 2, 5 or 10 of t.b.:is Ordinance.
Section 104,9; POSSESSION OF DOG - HOW RECOVERED. Any dog so seized and
impounded may be redeemed by the owner thereof at any time within five (5) days after .such
seizure and impoundment upon payment of a penalty in an amount as established by Resolution
of the City Council} and a written statement of ownership, together with proof that a license bas
been duly issued for said dog or if no license has been previously issued upon payment of the
license fee tog~ther with the aforementioned penalty. If the owner of the dog seize.d or impounded
under the provisions of this ordinance doe5 not resume possession of said dog in compliance wi!h
the fore.going provisions within five days after seizure or impoundment thereof, he shall forfeit all .
right to and property in such dog.
Section 104.10: IMPOD.@MENT OF DISEASED DOGS OR DOGS SUSPECTED Qf
BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which may be
suspected of having hydrophobia may be immediately seized whether on or off the premises of the
owner and may be impounded for such period as directed by the Health Office.r. All costs inddent
to and part of such impoundment shall be paid by the owner of said dog. In the vent the dog is
determined to be rabid said animal shall be destroyed under the direction of the Health Offiœr.
If the dog is determined not to be rabid, said dog shall be returned to ~ owner upon payment of
a.ll costs of impoundment. If the owner shall fail to pay the costs of ln1poundme.nt within five days
after receiving written notice of the amount then the animal shall be destroyed or soLd for
impoundment costs. Whenever the prevalence of hydrophobia renders such action necessary, to
protect the public health and safety. the Mayor may issue a proçlamatìon ordering 6Yery person
owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot
bite, No person shall violate such proclamation, and any unmu.z.zled dog running at large during
the time affixed in the proclamation shall be killed by the police wîthout notice to the owne,r.
Section 104.11: ANY PERSON HARBORING AN A.NTh1AL SHALL BE DEEMED ITS
QWNER. Any person owning or harboring an animal for three (3) consecutive days shall, for the
purpose of this ordinance, be deemed the owner thereof, and if that p~rson be a minor, the parent
or guardian of the said minor shall be deemed to be the owner thereof.
Section 104.12: lliTERFERENCE WlTIi OFFICERS OR OTHER PERSONS. It shall
be unlawful for any person to molest or in any way interfere with any peace officer, pound.master, .
or any of their duly authorized assistants or with any duly authorize.d agent or a.ny person
3
,
..~
. authorized by the Health Officer while engaged in the performance of work under the provisions
of this ordinance.
Section 104.13: DijSTRVCTION OF VICIOUS ANI~. The Health Officer shall have
the power to order the destruction of any dog or other animal which he may deem dangerous and
vicious, whether licenscd or not, after three (3) days written notice to the owner thereo~ and after
affording the owner or keeper of su.ch dog or other animal an opportunity to be heard. Whenever
it shall appear to the satisfaction of the Health Officer that any dog, while running at large has
bitten one or more persons, such dog shall be deemeg to ~ a vicious dog.
Section 104.14: DIsPoSmON OF UNCLAIMED ANIMALS. At the expiration of five
(5) days from the time a dog or cat is impounded as provided for in this ordinance, if said dog or
cat has not been reclaimed in accordance with the provisions hereo~ it gh~l1 be the duty of thð
license inspector to cause Sl,lch dog or cat to be disposed of in accordance with the most humane
a.nd approved methods as directed by the Health Officer.
Section 104.15: REMOVAL OF DOG EXCREMENT.
Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any property,
public or private, noe owned or possessed by such person, unless such person hl!S in his or her
immediate possession a device for the removal of the excrement and a depository for the
transmission of excrement to a proper receptacle located upo~ property owned or possessed by such
person.
. Subd. 2: It shall be unlawful for any person in control of, causing or permitting any dog to
be on any property, public or privatet not owned or possessed by such person, to fail to remove
excrem.~nt left by such dog to a proper receptacle located on property owned or possessed by such
person.
Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An. "uMeasonable accumula.tion" is defined as an accumulation which omits an offensive odor which
can be detected from adjacent property, which is unsightly or offensive to the sight or which creates
a public health risk.
Section 104.16: PENA1/rX. Any person 'VioLating any of the provisions of the Ordinance
shall be deemed guilty of a misdemeanor.
This Amendment to Ordinance 104 was passed the 18th day of August, 1994 by the City
Council for the City of St Joseph.
Mayor
. Clerk! Administrator
N; \ ;ity\,ljo.: \*I072:194.25l
4
Lv Mayor
Donald "Bud" Reber
Councilors
Ken Hiemenz
First A venue NW Ross Rieke
.0. Box 668 Bob Loso
St. Joseph. Minnesota 56374 Stephanie Hazen
(612) 363·7201 City Clerk/Adm
FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton
FOLLOWUP FROM AUGUST 4, 1994 COUNCIL MEETING
Stearns environmental services - Resolution make copies and put on
agenda for next meeting. ,- \' ,-, ,
'x-ô-7V
--- ( ..
Northland home built needing a sump pump. Ask Joe to check
agreement for engineer to check a procedure to prevent this
problem in the future. ):? .- q¿/
.' ----~_.......- "
"-' J I
Check if credit was given to Baker Street residents for watering
new boulevard sod in conjunction with the Baker St. and 7th Ave.
project. ~-t~~
Check on setting up a depository at the Vet Clinic, for police to
. put dogs which are picked up nights or on weekends. y_ <o~ _ 9<;£
, -:::> /
Notify Joe Bettendorf that the entrance to Morningside park has
been approved, (entrance only, not parking lot) at an estimated
project cost of $4,000. Joe may proceed to get bids or quotes and
get the project going. ~- ;y-9y' C,/y
4 way flashing light at College and MN street. Notify Count-y
Engineer about the Planning Commission's recommendations and
requests for safety study on West Minnesota Street by college
entrance. ~'ÚA.,.~j!-l~ ~/{/~-¡.c;f!:¿
1,1
Make copies of the sidewalk plan for Council and to consider at the
next meeting. )1" V ~y
(..., -' ~ .- /
I~A - Council denied proposal which has been heard by PC - Notice
l to HRA.
Repair the road to the shop, the alley from College ave to 1st ave
NW and to install an apron on north side of maintenance shop
Notify Joe Bettendorf. 9-5-77/
Boy Scout building - (gas to it) put under old business.
.
,
. DRAFT Page 1
Pursuant to due call and notice thereof, the City Council for the
City of St. Joseph met in special session on Thursday, August 11,
1994 at 7:00 p.m. in the City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke,
Bob Loso, Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel
Stapleton.
OTHERS PRESENT: Deputy Clerk Judy Weyrens, Michael McDonald.
Mayor Reber called the meeting to order at 7:00 p.m. and stated
that the purpose of the meeting is to go over the proposed budget
for 1995.
The Council reviewed the 1995 draft budget for the general fund,
bond funds, and enterprise fund. The Council questioned if the
effect the growth would have on the tax base and requested
information on it in relation to the tax levy.
The Council went through the budget by line item and made cuts in
many areas.
Loso questioned the need for dues to the St. Cloud Area Economic
. Development Partnership, but Mayor Reber, Hazen, and Hiemenz spoke
in support of it. Mayor Reber discussed planning for future needs
for a new city complex.
The Council discussed the Police Chief request for additional
staff. They generally supported budgeting for out-sourcing
transcription of tapes. Rieke discussed the need to have a
confidentially agreement with any out-sourcing service. There was
discussion of street maintenance needs, water rates, and hookup
fees.
Loso made a motion to recess for 10 minutes at 8:35 p.m.; seconded
by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:45 p.m.
Council continued to discuss ways of decreasing the budget in order
to provide adequately the necessary services. Methods discussed
were percentage across the board cuts and specific areas or item
cuts.
During the discussion of the need to make cuts to it, Hazen
recommenqed cuts to the Park budget and Loso objected, where upon
he left the meeting at 8:55 p.m.
. The Council continued to discuss specific ways to reduce the budget
to a workable level. Rieke supported either across the board cuts
Page 2 .
or to make specific cuts at the next meeting. Hiemenz requested to
complete the cuts at this meeting. Mayor Reber felt that the
Department Heads and Boards could make the cuts in their areas.
After further discussion the Council made cuts from the Capital
Outlay areas which will defer some purchases to a future year.
PARKING LOT: Hiemenz discussed that Sunset Supply is building a
parking lot, which does not conform to the ordinance requirements.
Hiemenz made a motion to send a letter to the owners of Sunset
Supply stating such, along with a copy of the ordinance. The
motion was seconded by Hazen.
Ayes: Reber, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
Hazen made a motion to adjourn at 9:58 p.m.; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
,
,,-7;;- ,,~~' ,~~~~~~-- --
Rachel Stapleton
Clerk/Administrator
!
.
.
St. Joseph
Volunteer Fire Department
ST. JOSEPH. MINNESOTA 56974
Office of the Chief
August l7, 1994
Honorable Mayor Reber and
Members of the Council
st. Joseph, MN 56374
Dear Mayor Reber and Members of the Council:
I have been asked by the Planning Commission to review the site
plan for HRA, to construct three (3) four (4) unit townhome
dwell ing uni ts. After reviewing the plan, I have the following
comments:
l. I would recommend that a fire hydrant be installed on the
. West end of the driveway by the cul-de-sac.
2. On the south side, adjacent to Outlot A, and the East
Side, I would recommend execution of a written agreement
prohibiting the installation of a fence on these sides of
the property. If a fence were installed it would become
difficult to fight a fire at the corner unit.
3. I would recommend that a designated fire lane be
established and maintained, including signage. This would
allow easier access for emergency equipment.
For your convenience I have enclosed a drawing illustrating the
above comments. If you have any additional questions please
contact me.
st. Joseph
.
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