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HomeMy WebLinkAbout1994 [09] Sep 01 {Book 06} ",,' ~¡I~ ~ Mayor " Donald "Bud" Reber Councilors Ken Hiemenz 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 CITY COUNCIL MEETING September 1, 1994 7:00 P M AGENDA 1. Call to Order 2 . Approve Agenda 3. Approve Minutes August 11, August 18 4. Bills Payable 5. Mayor Reports . 6 . Council Reports 7 . Clerk\Administrator Reports a) Department Head Report b) Ordinances 57 & 61, Requirements of Contractors c) Assessment Hearing Old Highway 52 Improvement d) Pre-treatment Status e) LMC District Meetings f) LMC Annual Dues g) Pinestock h) Tort Liability Workshop i) Public Hearing Dates - Tax Levy & Budget 8. OLD BUSINESS a) Linnemann Inn Parking b) Access Channel Equip. c) Side\.¡alks d) ROW Property Request e) Police Chief Contract f) Northland III g) Comprehensive Plan h) Shared Ride Taxi i) Audit Utility Acc'ts j ) Babe Ruth League k) Security Light M Lambert 9 . 8:00 p.m. OPEN TO THE PUBLIC 10. Recess . 11. 8:30 p.m. Public Hearing - Alley Vacation 12. 8:45 p.m. - Fence Request - Gordon Brown 13. Adjourn. , Mayor Donald "Bud" Reber / Councilors Ken Hiemenz First A venue 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 ADMINISTRATOR1S REPORT TO COUNCIL DATE: August 29, 1994 TO: Honorable Mayor and Members of the Council FROM: Rachel Stapleton, Clerk/Administrator 3. The correction to the minutes of August 11 were to delete Loso's name on the vote after he left. Corrected minutes were not sent out because of the l11lnOr correction. Corrected copies are available. 7 b. John Scherer stated that the ordinances do not provide for licensing contractors who are not covered by stated licensing requirements. This appears to be an om1SS10n from the last amendment to these ordinances. . 7 c. A resolution and hearing date need to be approved for the assessment hearing for the Old Highway 52 Improvement project. 7 d. An update on the status of the required pre-treatment program for the wastewater will be given. 7 e. District meetings will be held around the State, see August League Magazine. 7 f, g, and h. Information in packet. 7 i. Public hearings must be held between Nov. 29 and Dec. 20. Ours may not be held on the following dates, Nov 29, Dec. 8, 13, or 20. Two dates must be scheduled, and the second date must be at least 5 business days after the first hearing but no more than 14 business days. They must be held after 5:00 p.m. Monday through Friday, or anytime on Saturday. A separate hearing date for the adoption of the final levy and budget must also be held but does not need to be scheduled through the County Auditor. It must be held at least one day after the Truth in Taxation hearing or continuation hearing if one 1S needed, and may be at a regularly scheduled Council meeting between November 30 and December 27. The date of the adoption hearing must be announced at the close of the TNT hearing. 11. Public Hearing on alley vacation request. Information in packet from John Scherer and Joe Bettendorf. Also I put a copy of a page from the League Handbook on vacations. . 12. Gordon Brown lives at 411 W Birch and has requested to place a fence on his property. Dick has indicated to him that there is a sewer line down the back which will interfere with his fence. .. , . Ii . Pursuant to due call and notice thereof, the City Council for the City of st. Joseph met in regular session on Thursday, August 18, 1994 at 7:00 p.m. in the st. Joseph City Hall. Members Present: Mayor Donald "Bud" Reber. Council Members Ross Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Deputy Clerk Judy Weyrens. Others Present: Mike Hazen, Rachel Stapleton, Jeff Young, Igor Lenzner, Gary Heltemes, Janel! e Schneeklot, Mark Sakry, Dave Hiedeman, Pat Schneider, Steve Hennes, Steve Dehler, Duke Hewitt, Cheryl Josephs, Joe Bettendorf, Marilyn Court, Pete Giroux, Rosemary Meyer, Joe Miller, Chris VerI ow. Aqenda Approval: Hazen made a motion to approve the agenda with the following additions: Clerk/Adm reports d) Election Judge, e) Attorney Correspondence - Fire Hall, f) Vacation - Rache I , g) Hardrives Quote - Maintenance Dept. Old Business: k) Boy Scout Building, I ) Sunset parking lot. The motion was seconded by Losp. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Approve Minutes - Julv 28, 1994: Hazen made a motion to approve the minutes of the July 28, 1994 meetings as presented; seconded by . Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Approve Minutes - Auqust 4 , 1994: Hiemenz made a motion to delete the discussion on the motion to table, located in the middle of page 3, of the August 4 minutes. (The motion was not recognized) Hazen questioned whether it was necessary to include in the corrected copy of the minutes the name of the Councilor who corrected the minutes, Hiemenz concurred. Reber stated that he has some question as to the paragraph located directly below the motion to table. After considerable discussion Rieke made a motion to table the minutes of August 4 and August ll, 1994, so that further clarification can be determined on page 3 of the August 4 meeting, and Councilor's have the opportunity to review the August II minutes. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Treasurer's Report: Deputy Clerk Judy Weyrens presented the July Treasurer's report. Weyrens stated that the City has received the first half tax settlement from the County and the first half of local government aid. Loso stated that the expenditure for the bleachers is divided equally between park development and the designated reserve, Grant Reimbursement. Loso made a motion to . approve the Treasurer's Report as presented. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 ~ , , August l8, 1994 . Draft Bills Payable: Loso made a motion approving the bills payable as presented, check numbers 19976 - 19993 and purchase orders 13ll - l312; the motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Overtime & Call outs: Loso made a motion to approve the overtime and callouts as presented. The motion was seconded by Rieke. Ayes: Reber! Rieke! Loso, Hazen! Hiemenz. Nayes: None. Motion Carried 5:0:0 MAYOR REPORTS Thank YOU letter: Mayor Reber received a thank you letter from Jim Sadlo, Texas. Boy Scout Troop 157 stopped in st. Joseph on their way back from Canada and used the Boy Scout building. They appreciated the warm hospitality and a place to sleep for the night. Meetinq Procedure: In order to try and eliminate any future problems at the meetings, Mayor Reber requested that any Council . Member requesting to speak must ask for the floor first. Mayor Reber apologized to Councilor Hazen for his error with regard to the water credit for the residents along East Baker Street in 1992. Additionally, Mayor Reber apologized for the Council for the outburst at the August ll! 1994 special City Council meeting. Fire Hall Appraisal: John Scherer has recommended that appraisal figures be released to the public as soon as possible to avoid public speculation. Hazen questioned if both boards should be present when the appraisal is discussed. Hiemenz stated that the committee has received the report and would like the opportunity to recap the information and make a presentation to both boards. After discussion! the Council requested the City Offices to contact the Township to see if they can attend the August 25, 1994 meeting to receive the report. The City is already meeting to discuss the budget at 7:00, and would be available to meet with the Township at 9:00 p.m. COUNCILOR REPORTS Rieke Employee Waqe/Benefit Neqotiations: Rieke stated that the Personnel Committee has meet with all the non-federation employees and discussed the 1995 wage/benefit proposal of the employees. . Rieke stated that the meeting went well and he enjoyed being with the employees. Rieke also requested that the City Council get 2 , . ..' , . . . August l8, 1994 Draft together with the employees a couple times a year. Hazen Doq Ordinance: Hazen questioned if the Council would be receiving information on the removal of dog waste as stated in the August 4, 1994 City Council minutes. Stapleton responded that the City Attorney, John Scherer has reviewed the information and presented a draft of the Ordinance for them to review. Loso Hockev Rink: Loso stated that someone has ran into the hockey rink over the past weekend, and the maintenance department has repaired it with materials from the old bleachers. Maintenance Siqn: The sign for the Maintenance shop has been completed, with a total cost of $450.00. After contacting stearns County Highway Department, it was discovered that the sign needs to have a setback of l60 feet from the east bound lane. Therefore, it . will be necessary to place the sign further down the hill than originally planned. Councilor's discussed the cost of the sign and how to charge Shannon's Upholstery. After discussion it was determined that Mr. Hinnenkamp should be contacted and presented with the options of paying $90.00jyr for five years or S50.00jyr for ten years. Reber stated that he would contact Mr. Hinnenkamp and report back to the Council. Hiemenz requested that when an agreement is written the City Attorney be involved. Auaust II Meetina: Loso stated that he would like to apologize for the budget meeting. He stated that he was, "pretty stressed out and tired and he might have used inappropriate wording in conveying his thoughts and it was not directed at anyone person -- it was due to alot of factors. If Hiemenz Planninq Commission Actions: The Planning Commission met on August 15, 1994 and recommended approval of the following: l) Variance on rear yard setback for HRA; 2) Front Yard Variance for Rosemary Meyer; 3) Special Use Permit for Joe Miller to construct cold storage units. These matters will be discussed in greater detail at a later time in this meeting. Auaust ll. 1994 Meetinq: Hiemenz stated that he would like to . address the meeting of August ll, 1994 and made the following motion: To discipline Council Member Loso under section 2l.5 subd l(e) of the City Ordinance for conduct that interrupted the 3 August 18.. 1994 . Draft performance of Official duties and wrongful performance of an act that might have been lawfully performed or done during the meeting of August ll, 1994, and I recommend that the disciplinary action be a reprimand under subsection 3(b) for malfeasance and or misfeasance in office. Mayor Reber stated that he talked to the City Attorney with regard to this matter. At this time the City Attorney recommended that no action be taken, but an apology is certainly in order. Mayor Reber stated that Councilor Loso was ruled out of order at the meeting. Additionally, Reber was satisfied that Loso has apologized at this meeting and felt that it would be nice to place an apology in the Newsleader. At this time Mayor Reber stated that he is not in favor of disciplining Councilor Loso. Mayor Reber called for a second to the mO~lon on the floor! with no second the motion died for the lack of a second. Hiemenz made a motion that the record show that Hiemenz does not approve or condone the behavi or of Counci 1 or Loso as expressed during the meeting of August 11.. 1994 and that the matter should be . deferred to the City Attorney for the necessary action. The motion was seconded by Rieke. Discussion: Rieke asked for clarification on the motion. Hiemenz stated that his motion states that he does not approve of the behavior and if Rieke wished.. he can amend the motion to the Councilor include himself or others. Rieke requested that Reber further check with the City Attorney to see if something additional needs to be placed in the minutes. Mayor Reber stated that he also did not approve of the behavior. Ayes: Hiemenz Nayes: Reber, Rieke. Abstain: Hazen, Loso. Motion Fails Rieke stated that he does not have any problem with the motion coming back forward if more information is brought forward. Council Meetina Tapes: Hiemenz questioned the availability of the tapes of the City meetings. He requested to listen to the tapes of the meeting and the first time the tape was not located in the City Office; the second time it was locked and not accessible. IT was his understanding that we had a taping system that would resolve this matter. Hiemenz also requested information as to how and when tapes are available to the public. Stapleton stated that information available under the data practices act does not require that information be available upon demand. It states that you have . a right to request certain information and have access to it in a 4 ~ , , . · August 18, 1994 Draft reasonable amount of time, normally five days. Sensitive tapes would normally be locked. Additionally, Stapleton stated that she had taken the tape home to work on the minutes at her computer at home. Stapleton also stated the cabinet for the tape machine is extremely tight and it is difficult to get the tapes in the machine. Reber requested that Stapleton determine what is needed to make the tape recording more reliable. Rieke stated that he is a strong proponent or taping the meetings, and the originals should not be used for the public to listen to. All the tapes should be duplicated, and kept in the back room of the annex with duplicates available for the public to review. The public should be able to walk in the office and request to listen to a tape. Additionally, the City should determine a reasonable fee for duplicating tapes and not allow the public to make copies. Hazen was concerned that the tapes were leaving the City Offices and felt that until the tapes are duplicated they should not be taken home. Reber requested that Council Members think about this · problem and bring ideas back to the Council for the next meeting. At this point the matter can be referred to John Scherer, City Attorney, to establish a written policy. Hazen also stated that if the City is having a problem with the taping machine, it should be serviced. POLICE CHIEF REPORTS In the absence of the Police Chief, Acting Chief Jeff Young presented the July police report. Probationary Status - Brain Klinefelter: officer Brian Klinefelter has completed one year of employment and has successfully completed the probationary period. Loso made a motion to make Officer Klinefelter a regular full time permanent employee. The motion was seconded by Rieke. Hiemenz made a motion to amend the motion to delete the word permanent. The amendment was seconded by Loso. Vote call on amendment: Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Vote call on the motion as amended: · Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 5 , August 18, 1994 · Draft Intoxilvzer School - Klinefelter was approved a while back to attend intoxilyzer school. At the time he was approved the course was offered at no charge. Since that time the have attached a course fee of $200.00. Hiemenz made a mo'tJ..on to approve the expenditure of $200 to send Officer Klinefelter to Intoxilyzer School as requested. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Monthly Report: Acting Chief Young briefly discussed the July report and responded to questions of the Council. Hazen made a motion to approve the police report as presented. Seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Joe Miller, Cold Storaqe Facilitv: Joe Miller appeared before the Council requesting approval of the 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 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 l/4 NW 1/4) of Section Ten ( lO ) , 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 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, 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 Railroad; 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 87.91 feet to the point of beginning. Joe Miller spoke on his own behalf. Mr. Miller stated that he · plans to construct a storage facility with l4 units. Each unit would be 10' x 24' , and would be used for the storage of household 6 . , . . . August la, 1994 Draft goods and vehicles. In addition, he would be constructing a shed 24' x 30' for storage. Mr. Miller presented written authorization from Burlington Northern Railroad to construct the storage units one foot inside the railroad Right-Of-Way. In consideration of the reco~mendations of the Planning Co~~ission, Hazen made a motion to approve the Special Use permit of Joe Miller to construct a cold storage faci I i ty. Approval is based on the following: 1. 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. The motion was seconded by Hiemenz. . Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Front vard Variance Request , Rosemarv Mever: Rosemary Meyer appeared before the Council requesting approval of a twelve (l2) 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 I ess than 30 feet on all publ ic 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 lOa feet of the North 208.72 feet of the South 1,722.14 feet of the West One-half of the Southwest Quarter (W l/2 SW 1/4) of Section Eleven . (11), Township One Hundred Twenty Four (124) North of Range Twenty Nine (29) West. 7 · . August 18, 1994 Draft In consideration of the recommendation of the Planning Commission, and its application to the Comprehensive Plan and Ordinances of the City of s'" Joseph, Hiemenz made a motion to approve the twelve "-' '-. foot variance request to construct an addition to an existing residence. Approval 1S based on the following :lnd:1.ngs: st. JoseDh 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 zon1ng district. ':'he exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. Finding: An error was made In the au,-horiza,-:l.on 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 ~. ~ . ... . of righö:.s commonly enjoyed '. n e p e '. 1 '. 1 0 n e r by other properties ., "!"""\ 'h same district under :.ne terms of this ,J..J.J. t.1¿e Ordinance. Finding: The petitioner has a right to have a garage. d. That the proposed variance ',.¡i 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 ln 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 plece 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 Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Hiemenz stated that the Planning Commission has also requested that a letter be sent to the BUilding Inspector stating concern for the error that occurred in this matter. stearns County HRA: Igor Lenzner appeared before the Council to · request approval of a 20' variance on the rear yard setback ln an area zoned R-3. The variance is needed to construct three ( 3 ) four 8 , , , . . . August la, 1994 Draft (4) unit townhomes. st. Joseph Code of Ordinances 52.18 subd 7(c) requires a rear yard setback of not less than forty (40) feet. The property is legally described as follows: Lots l-6, Block I, Cedar Village II; Lots 1-4, Block 1 Cedar Village III. Igor Lenzner, I egal counsel for HRA, spoke on thei r behal f and presented a final drawing of the proposed construction. Since the Planning Commission meeting, Mr. Lenzner stated that he has received the recommendations of the Fire Chief. He requested that the Council not requ~re those recoJì1.mendations as part of the Special Use. Rieke stated that as the concerns of the Fire Chief deal with safety, he would be hesitant to approve the plan without attaching the requests as conditions. Rieke further stated that if the recommendations cannot be adhered to, HRA is welcome to appear before the Council and request to be relieved of the requirements. In consideration of the information presented to the Planning Commission and lts application to the Comprehensive Plan and Ordinances of the Ci ty of St. Joseph, Rieke made a motion to . approve the twelve foot variance on the rear yard setback based on , 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 rev~ew, 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 resul t 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 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 to includ€ the following requirements . 1. A fire hydrant be install ed on the West end of the driveway by the cul-de-sac. 2. On the South side, adjacent to Outlot A, and the East 9 , · August 18, 1994 Draft side, execution of a written agreement prohibiting the installation of a fence. 3. Designation of a ":';""0 lane that would be established .1...1.._ and maintained, including signage. b) Refer the replatting of the property to the City Attorney for his recommendation. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso. Hazen, Hiemenz, Nayes: None. Motion Carried 5:0:0 OPEN TO THE PUBLIC - No one present wished to speak Hazen made a motion to recess at 8:20; seconded by Rieke. Ayes: Reber, F~i eke / Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Mayor :Reber reconvened the meeting at 8:30 p.m. CLERK/ADMINISTRATOR REPORTS · :Refuse Contract: Stapleton reported that the City refuse contract explres December 31, 1994. The Council agreed to advertise for bids for the service of refuse removal, to include the Spring and Fall cleanup. Also discussed was the inclusion of requiring refuse to be hauled to MN land fills and notifying the City which land f . 1 1 they would be using. Hazen made a motion to seek bids for the 1...... service of refuse removal for City residents providing the same serVlces as the existing contract. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Water Permit: Ed Merkling requested a permit to haul water using the Fire equipment lfi cases of emergency. Mr. Merkling 1S requesting a blanket permit to haul water as needed. Hazen made a motion granting Mr. Merkling a blanket permit to haul water until such a time the City establishes a policy. The motion was seconded by :Rieke. Discussion: :Rieke questioned the procedure of authorizing the haul1ng of water and stated that if the City allows the hauling of water, the following needs to be considered: 1) all residents should have equal access to purchase water, and; 2) all the residents should have equal access to rent equipment to have water hauled with the City equipment. · Ayes: :Reber, Rieke, Loso.. Hazen.. Hiemenz. Nayes: None. Motion Carried 5:0:0 10 , , ~ . . . August 18, 1994 Draft Apartment Repairs: Stapleton reported that all the necessary repairs have been made to the city apartments and a Certificate of Occupancy has been issued. Election Judqe: Hiemenz made a motion appointing Leander Meyer as an election judge. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Vacation: Stapleton stated that she would be out of the office August 22 through August 24. Hardrives Quote: Public Works Director, Dick Taufen, presented a quote from Hardrives to install a bituminous apron at the maintenance shop. Hazen made a motion to approve the request of the Public Works Director as presented; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 OLD BUSINESS . Sidewalk District: Rieke discussed the proposed sidewalk district and the need to establish a designated sidewalk district that would be maintained. Councilors discussed the safety of providing sidewalks on colI ege Avenue, East Baker Street and Minnesota street. After considerable discussion, Hazen made a motion to adopt the sidewalk district as presented excluding the portion from the entrance of Clinton Village to 6th Avenue. The motion was seconded by Hiemenz. Discussion: Hiemenz requested the council consider adding a sidewalk district on the North side of County Rd 75 where the student apartments are located. That area will have a heavy concentration of traffic and safety needs to be addressed. The Council agreed to consider this area at a later time. Reber requested the City Engineer to provide the Council with cost estimates for repairing a block area of sidewalk. This figure could then be used in the prioritization stage. After discussion as to who would be responsible for the prioritization, Hazen made a ..' to amend the ...' to mO\..lon mO\..lon authorize Bud Reber and Ross Rieke to review the sidewalk district and prioritize the repair/installation needs uSlng a five year planning period. The amendment was seconded by Rieke. . Vote call on amended motion: Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. II August 18, 1994 · Draft Nayes: None. Motion Carried 5:0:0 Vote call on original motion: Ayes: F.eber, Rieke, Loso, Hazen, H~ emenz " Nayes: None. Motion Carried 5:0:0 Loso made a motion to rev~ew the current Ordinance . .... regula...lng sidewalks and update it as necessary. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hlemenz. Nayes: None. Motion Carried 5:0:0 Police Chief Contract: stapleton reported that the Attorney w; 1 i .... .¡" . have a draft for the {~ounci 1 to review after the Police (~hi e£ returns from vacation. Doq Ordinance Amendment: The city Attorney has prepared a proposed amendment to the Dog Ordinance, No. 104 as requested. The proposed amendment makes provisions for housing more than two dogs and the immediate removal of animal waste. u' questioned if the ..~emenz proposed ordinance would require animal owners to carry a device to · remove animal waste. stapleton stated that approval of this amendment would require such. Hiemenz made a motion approving the amendment to Ordinance No. 104 as presented by the City Attorney. The motion was seconded by Hazen. Discussion: Rieke questioned the enforceability of the Ordinance and cautioned the Council not to approve an amendmeDt t!1at might not be able to be enforced. Ayes: Reber, Hazen, Hiemenz. Nayes: Loso, Rieke. Motion Carried 3:2:0 Boy Scout Buildinq: The Public Works Director presented a quote of $450 to install gas service to the Boy Scout Building. Rieke questioned if the City should consider funding a portion of the cost. Reber stated that the building is City owned and it would be appropriate for the City to bear the costs. Hazen made a motion authorizing the expenditure of $450.00 to provide gas serv~ce to the Boy Scout BUilding. Ayes: :Reber, Rieke, Loso, Hazen, Hi emenz . Nayes: None. Motion Carried 5:0:0 Summer Recreation Proqram: Mark Sakry, Dave Hiedeman and Chris Verlow of St. Cloud Boys and Girls appeared before the Council to discuss the Summer Recreation program. Hazen and Rieke questioned Ms. Verlow as to how the program was advertised. She stated that the flyers were handed out in the local schools and available · through Kid stop. Rieke discussed with the representative of the l2 , , . . . August l8, 1994 Draft Boys and Girls Club the need for the City to maximize the dollar and provide the best recreation program possible. The City will be exploring alternatives for summer recreation for 1995. When questioned as to the program for 1994, Ms. Verlow stated that they not prepared to report the program at this . .. but were on pOln... , rather would like some feed back from the Council. Ms. Verlow also stated .., .. Councilor Loso has requested ...na... information as to the costs and procedures for establishing a Babe Ruth League Program. Reber felt that '.. is important to provide 1'_ opportunities for the youth of st. Joseph, but at the same time the Council must watch the costs of such programs. Reber stated that the local organizations should be approached to see if they are willing to participate in cost sharing the program. Rieke made a motion stating that, "We as a Council are seriously cO~üitted to providing a Babe Ruth League to the youth of S'" Joseph and are ... . requesting to be locked into the roster tor 1995. II The motion was seconded by Hazen. Discussion: The Council generally -Fal" that at this time a .L."-_'- . f1nanclal commitment could not be made, but appointed Loso, as a Park Board Member, to request tunds from the local organizations to help finance the program. council Members requested that this matter be placed under Old Business for further discussion. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Steve Hennes, Whitney Center: Steve Hennes, Director of Whitney Senior Center appeared before the Council requesting funding to assist the Senior Center. Currently 64 households in st. Joseph use the Whitney Senior Center. The center provides many opportunities for the retired to include: wood working, meals, social activities and day trips. Duke Hewitt invited the Council to visit Whitney to see what services they provide. Pat Schneider: Pat Schneider, representative of the St. Joseph Baseball Team appeared before the Council to report/request the following: 1. The bleachers have been ordered and are due to arrive the first week of September. The instaliers will arrive irnmediatel y and installation should only last approximately two days. 2. Water Problems: The cement slab installed for the new bleachers works well. However, it has caused problems with washouts. Schneider is requesting assistance in resolving this . matter. Reber stated that the City Engineer would be contacted to resolve this matter. 3. With the installation of new bleachers, the Baseball Team l3 · August 18, 1994 . Draft ~s requesting that a new sign be painted, stating the following: Welcome to Memorial Park; Home of the st. Joseph "Saints"; st. Joseph American Legion Post 328 !fJoes!f; No food or beverage may be brought into the park. The Council requested Schneider :'0 make application for a sign permit with the Clty Building Inspector. 4. Field Rental: The Baseball Team currently charges a nominal ~...... for renting the field for baseball tournaments. '-__ Schneider is requesting to raise the fees as follows: Single Game - from $40.00 to $50.00 Double Game - from $70.00 to 580.00 Practice - from 820.00 to $30.00 Loso made a motion authorizing the increase in field rates as proposed; seconded by Rleke. Ayes: Reber, Rieke, Loso.. Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 5 . Storage Shed: Schneider reported that the Legion is interested in constructing a storage shed. The Baseball Team would like to expand the storage shed to include ADA approved rest rooms · and a concession stand. CITY ENGINEER REPORTS Pretreatment Proaram: The Committee working on the Sewer Ordinance update has finished reviewing the documentation and the amendment to the Ordinance will be ready for publication. Abandonment of the Railroad: Bettendorf stated that he has contacted the Railroad ~n the hopes of acqu~r~ng additional crossings, but it is very difficult. !I.t this time the Railroad is not willing to release additional accesses without closing an existing access. Bettendorf stated that as he reported earlier, the ICE TEA bill calls for a 25% reduction ~n the amount of RR crossing and the legislature has followed requesting an additional 25% reduction. For the City to have access to an additional crossing for County Road 1 ....-. we may have to close the existing ~.j.j.. crossing and construct a frontage road. Bettendorf stated that he would continue to work on this matter. Tax Increment Financina: Bettendorf requested that the Council consider providing TIF financing to those wishing to develop in the industrial park. The Council agreed with Bettendorf that it is important to be able to provide TIF financing after which Hazen made a motion authorizing the City Engineer and the City Attorney · to put together a proposal for Tax Increment Financing to be reviewed the Council. The motion was seconded by Hiemenz. 14 , . - · August l8, 1994 Draft Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Water Tower Illumination: The illumination of the water tower lS scheduled to be completed by the scheduled completion date of September 27, 1994. Northl and I I I: The underground work for Northland III is scheduled to begin shortly. Bettendorf stated that the parkland lssue has been settled, with the entire park area being designated and platted with the first phase. The park should be relatively dry except after heavy rainfalls, whereas water may pool in the center. Water Tower: The first year water tower inspection has been completed with a full analysis of the facility. This inspection cost was part of the original contract with AEC, and will not need to be repeated for six or seven years. Old Hiqhway 52: The project is nearly complete and went very well. · Mayor Reber extended the m~eting 15 minutes. Mi 11 stream Park: Bettendorf discussed the two proposals submitted for blacktopping at Millstream Park. The Llons have donated the funds to cover this expenditure and are questioning when the project will be completed. Hlemenz made a motion authorizing the Lions to proceed with the project as presented; seconded by Hazen. Ayes: Reber, R~ej{e, Loso, Hazen, Rieke. Nayes: None. Motion Carried 5:0:0 Bettendorf will draw the specifics for the contractor to lay the surfacing. When it is completed he will forward it to Leo Sadlo. Acting Chief Young questioned the parking on the South side of the fields, in the grass area. The area is posted "no parking" on the park area, but due to the overflow, they are driving and parking in this area. Reber stated that he would talk to some of the Officers of the Recreation Association to resolve the matter. Morninaside Park: Bettendorf discussed the layout for the parking lot and entrance of Morningside Park. Rieke questioned if the entrance to the park will line up with the existlng roads. Bettendorf assured the Council that it would be in line. · East Minnesota Street: Bettendorf stated that he is still working on resolving complaints/requests of residents in the project area. To assure that all the concerns are addressed! the City will retain 15 · August 18, 1994 . Draft a reserve to correct those that need attention. Mayor Reber extended the meeting ,5 minutes Other Concerns: Reber questioned Bettendorf as to the status of the replacement sod for those areas where '.. d';rl not. surVlve. 11_ ~'-" Bettendorf stated that they are having a problem with the subcontractor, so until this matter lS resolved the proJect. will not be closed. Reber q\.1es t i oned the problems lD. Northland wit.h the sewer llnes coming into the house too 1 0'.-1. Bet.tendorf responded thai:. tnls is a contractor's problem. The utllity lines -....Q installed ?roperl~ o.....~ to allow for adequate connection. The C~tv should :10;: have to allow contractors to excavate In the new stree~s due to this er~or. Adlourn: Hiemenz made a motion to adjourn at 10:20 Pl~',; seconded by Hazen. Aves: Reber, Rleke: Loso; Hazen; Hiemenz. Nayes: None. Motion Carried 5:0:0 · ~~f::!~ Deputy Clerk · 16 ,:.~ j' . V RAJKOWSKI HANSMEIER LTD. Attorneys at Law Reply to: st. cloud August 26, 1994 ST.CWUD 11 Seventh Avenue North Rachel Stapleton Ms. p,o, Box 1433 st. Joseph City Clerk St. Cloud. MN 56302-1433 P.O. Box 668 612'251'1055 st. Joseph, MN 56374 800'445'9617 FAX 612'251'5896 RE: Pinestock Music Festival Our File No. 16,395 MINNEAPOLIS Dear Rachel: 2904 Plaza ViI ~5 South Seventh Street Enclosed with this letter is a copy of a letter received from Gar Kellom dated August 17, 1994. For MInneapolis, MN 55402-1620 your reference and the reference of the City Council, I 612'339'9206 have also enclosed a copy of my letter of June 23, 8000445'9617 1994. FAX 612'25105896 . Mr. Kellom's letter suggests there was careful consideration of the issue and the proposals discussed during a "brainstorming session" which occurred when the Mayor, Chief of Police and I met with Father FRANK J. RA/KOWSKl . cletus. In particular, I believe that the students' GORDON H. HANSMEIER willingness to contribute some funds to the City to FREDERICK L. GRUNKE increase security is a positive step. THOMAS G, JOVANOVICH But on the other hand, I am not convinced that the JOHN H. SCHERER students or colleges fully appreciate the significance PAUL A. RA/KOWSKl of the problem and the responsibility they should KEVIN F. GRAY assume in addressing our concerns. I am also somewhat WILLIAM J. CASHMAN disappointed by the fact that they only responded to DAVID T, SHAY our suggestions; they had no suggestions of their own. RICHARD w. SOBALVARRO believe that further discussion and I follow up should MICHAEL c. RA/KOWSKl occur. I am writing this letter as an inquiry to the city Council as to how they want this issue pursued. I offer the following alternatives: JAMES H. KELLY, M.D., F,A.C.P. 1. I can continue to deal with Mr. Kellom, either by MEDICAL CONSULTAl'-.'T GoRDON H. HA.'S"EJER 15 AD"rITED TO PRAcnCE myself or in conjunction with the Mayor and Chief IN NORTH DAKOTA AND WISCONSfN1 of Police. P Al.;1. A. RAJKOWSKI IN WISCONSIN AND WILLlA~1 J. CASHMAN IN SoUTIJ DAKOTA. 2. The Mayor, Chief of Police and/or another Council . . ME"BER OF AMERICAN member could continue these discussions and try to Bo.-\RD OF TRIAL ADVOCATES. 'work out further details. \ , Ms. Rachel Stapleton . August 26, 1994 Page -2- 3 . Either way, I believe that a representative of the City should get further input from the Council based upon the negotiations that have occurred to date so that they can feel comfortable in knowing that they are supported by the consensus of the Council. Council members may have some other suggestions to consider. 4 . These issues could also be referred to the CORE Committee. I would recommend that any referral to the CORE Committee would only be auxiliary to the direct efforts initiated by the City Council. The city should continue to work directly with the colleges. Rachel, would you please bring this to the attention of the Council at an upcoming meeting to determine the procedure and content of an appropriate response to Mr. Kellom. Very truly yours, K~~ :D. . H. Scherer JHSjbaz Enclosures L:\gen\16395\af082594,Oll . T J ø .:>'-15 . : .~ Saint John/s Un ivers ity . Collegeville, Minnesota 56321 . Wednesday 17 August 1994 AU6 2 2 1994 Mr John Scherer Rajkowski, Hansmeier Limited 11 7th Avenue North PO Box 1433 8t Cloud, MN 56302-1433 Dear John: This letter is written in response to your letter of June 23rd regarding the Pinestock Music Festival, your file #16395. Thank you for granting us additional time to respond to your letter. In the meantime, we attempted to pull together a comprehensive list of people to talk about this issue. We gathered together numerous administrators and the student leaders responsible for Pinestock to get their recommendations on how we would like to respond. . First of all, I want to say that I am sorry I missed the meeting with you, the Police Chief and the Mayor, due to a meeting that had been called spontaneously by the President. I was not at liberty to attend that meeting, but was happy Fr Cletus was there to represent us. Let me respond to your alternative measures one by one so that you can get a sense of how our discussion went. #1: With regard to switching Pinestock to a Sunday, the consensus of the group was that it would not make a difference. We felt that keeping Pinestock on a Saturday would be the best alternative. #2: With regard to limiting ticket sales only to our students, we also felt that this would not take the event toward the objective that you desire. We believe that the Pinestock event is run very well at Saint John's and our objective is to have people come to the University and have a good time in a well-supervised environment. To simply limit this event to our students would mean that many people would come to Stearns County anyway and to 8t Joseph and may even increase your problems in the city. It is commonly known when Pinestock occurs and people are used to coming here. . Vice President for Student Affairs 612 : 363-2737 FAX 612: 363-2115 ; #3: We did discuss the idea of the surcharge to tickets extensively and feel that this · merit has some possibility, Our Joint Events Council Co-Chairs will be recommending to the Joint Events Council that they consider instituting a surcharge on the Pinestock tickets for the purpose of contributing a percentage of funds to the City of St Joseph as a donation from the students toward improving your security on the weekend of Pinestock, It is also our suggestion that you approach bar owners and liquor store owners to make a similar contribution as they are benefiting greatly from the presence of large numbers of students attending this event. Since they are making a profit, it seems to be a good idea to us that you ask them also to contribute to improving security on that weekend, We also ask that you review the number of officers you have estimated you need at Pinestock. INe need 18 officers to cover Pinestock during the event on our campus to provide adequate security, You are attempting to cover a longer period of time in the City with a fewer number of officers, I am sure Shawn Vierzba, Director of SJU Life Safety Services, would be happy to give you an estimate on what he thinks would be necessary . Our students are considering a contribution, of approximately half the cost what the security should be. We think, however, you should be realistic about how much security it will take. We have also asked Kevin Hughes to review this concept of a contribution from our students to the City, to make sure it is advisable for us as an institution to pursue this, #4: With regard to being reimbursed for additional costs by the maintenance · department, we would like to have further information. Currently, students make a lot of effort to clean up after Pinestock and last year we had eleven students cleaning up for several hours, collecting many bags of garbage. They felt that effort should be recognized. They are also beefing up the cleaning efforts this year. For example, after Watab students will be getting garbage bags, rakes, and a garbage dumpster to assist in the clean-up effort.. They will be advertising on campus, putting up posters, running advertisements in the bank newsletter, church bulletins, Lab School Update, Independent and The Record, and may be meeting with the St Joseph City Council. All of this as an attempt to improve clean-up operation after Watab, These kinds of efforts seem to warrant some kind of recognition on behe.lf of the City. We would consider, however, contributing to the clean-up effort if the $200 you indicated goes toward equipment such as street sweepers and not toward personnel who need to clean up the City. #5: It seems that the existence and enforcement of the keg ordinance is the responsibility of the municipality and not appropriate for us to comment. #6: We have come up with several suggestions about announcing at the festival that we want students to be careful, or perhaps communicating this in other ways. We will have to keep you posted on these efforts. · " ' . ;, , . #7: We also believe that it is the responsibility of the City to handle any criminal investigations. Should you provide us with public information, we would proceed in responding to these cases in the way indicated in our student handbook. , Lastly, we want you to know that we will do what we reasonably can to address the issues you have raised. We are proud to point out other efforts being undertaken such as the September 18th Community Day being planned by students and members of the community, our monthly meetings with the Mayor and the Police Chief, and meetings we have had throughout the year with the landlords. We look forward to a response from you and would be happy to meet with you to discuss these issues further. One concrete action we need to wait for is the action by the Joint Events Council regarding authorization for allocation of funds from the Pinestock budg'et to the Cìty. Fíankly, I arri'eager to see thí~ entire discussion focus more student attention on the importance of responsible use of alcohol both on and off campus. Very truly yours, »< ÄL~ Gar Kellom . . .. ~ ., .v RAJKOWSKI HANSMEIER LTD. .-\ff '"JlClf''' ¡II 1.,';1' . Reply to: st. Cloud June 23, 1994 ST. CLOUD 11 ~'n'nlh t\\ l'm!\' :'\.'nrlh Mr. Gar Ke110m I'(}. Ho, I t11- Office of Student Affairs ....L Cltlllll. \t~ ~.ql~ ¡·11'\ st. John's University f"~·~~I·II1::;':; Collegeville, MN 56321 XlIII-..t.t::;.lJhI7 FAX hl2·~;;I.~Rqn Re: Pinestock Music Festival Our File No. 16,395 MINNE,\I'OUS Dear Mr. Kellom: 2011-1 1'1.1/.\ \"11 .1::; ";'t11l1h "-'q:I'lh ~Irl'd I am sorry that you were unable to make the meeting on \lilllw.lp"li..... \1~ ~:;·102·lh20 June 17th. We appreciate Father Cletus taking the time i to meet with Mayor Reber, Police Chief Lindgren and me hI2-nu·"2f1" I to discuss the concerns of the City of st. Joseph :-000-1_)';·111.1:- arising because of the Pinestock Music Festival. I FA\(,I~·~-;I·:;Sl h I have prepared this letter to summarize some of the . matters discussed with Father Cletus to assure that there is follow through on the proposals. As you have been told, the activities in the city of I r"."IX" I. 1~-:/;"(}'\'<""1 . st. Joseph following this year's Pinestock Festival (;11,~p(IY If. 1/ \\,-.....\11 tI t; went beyond the level of conduct which can be tolerated rnl Pll~1l k f C~IJ\'kf by the City. Reported damage due to vandalism was Till 1.\1. " C. b 1\ \.\", ''1...11 estimated to exceed several thousand dollars. The noise reached an unbearable level. Litter was so Inllx 11. ~t- fna I~ extensive that it was for the maintenance necessary P.tUI /L R.·"kPI\"SI\I department to bring out a street sweeper to pick up /.:/I'/,</" CM,\\ broken glass from bottles thrown onto the streets. \\'1111.\.\1/. C,";¡I.\IIX /1,1\11' T, :;/1, \\ citizens' complaints to the Mayor and City Council l~/lÏURP \V. :;11¡Ull.·\J\J\P following this event reached a level previously unknown. Some citizens were so frustrated that they .\ IltH,-Ut Ct\.. \lk( )(\·...u indicated next year they would consider pulling out a . weapon and taking matters into their own hands. I mention this simply to emphasize the severe problem and the intense reaction of the citizens of st. Joseph. I ¡,I.\I1' /I, "1//). ,\I.I',/,'I.('{', do not believe that I am overstating the magnitude of f\hl'lt·\I c.·,..'-II·\:\:I the problems experienced this year. tri.IJ\I) I\: II. 11.,\;\;..\11" ¡.,: J... -\1)\.111111' h) 'IUlllt!" In the past, when situations like this have arisen, we I;\: N(If<111 I),\klll.\ '="'1' \\."'-<11""". PAl-I A.I{.\lkll\'''''''''I-.;' \VI~ ll''-I'= have always found the Administration of st. John's to '.,\\1 /.l"'''''I\'' '" s.""" 1),""1.\. be very responsive and helpful. It is for that reason . M. \1111 R (II :\\11 Kit A:\: that the city Council authorized us to contact you to III I·UU' t)! T"I.\I Ar1n)(.-\II.... begin formulating some type of concerted plan to address these problems. . - Mr. Gar Kellom · June 23, 1994 Page -2- A number of alternatives were discussed with Father Cletus. As a starting point, both sides recognize strict enforcement of the laws in place would go a long way to address the problems occurring. But as we indicated to Father Cletus, available manpower does not allow strict enforcement. Every time a person is placed under arrest, especially where the arrest is a misdemeanor or a more serious offense, that officer is tied up processing the arrest. The net affect is to have one less officer on the street providing a presence and doing what he or she can do to maintain control. The Police Department is left with no alternative but to limit the number of people arrested and not spend too much time dealing with a particular situation. Obviously, this is not the most effective way to enforce the law. Among the various alternative measures discussed during our meeting were the following: 1- Switch the event to a Sunday in the hope of cutting down on the late evening activity and discouraging out-of-town attendees from remaining within the City long after the festival ends. · 2 . Limit the sale of tickets to students and SJU/CSB alumni. 3. Add a surcharge to the tickets, income from which is paid to the City of st. Joseph to fund the hiring of additional off- duty sheriff's deputies to provide the needed law enforcement power to effectively enforce the laws. The city would propose that at least ten off-duty officers be hired for a minimum of an eight hour shift. Currently, the rate of pay for off-duty officers is $20 per hour. The hiring of these officers would result in an additional expense to the City of at least $1,600. The City would also request additional compensation for the overtime incurred by its officers. There is also additional expense for the use of Stearns County Sheriff's Department's squad cars, legal expenses incurred in prosecution; and out-of-pocket expenses for subpoenas and witness fees. More reasonably, an amount in the range of $2,500 to $3,000 should be the minimum compensation to the City of st. Joseph for the increased law enforcement burden placed upon the city due to the Pinestock Music Festival. 4. The City should also be reimbursed for additional costs incurred by the Maintenance Department in necessary cleanup. Overtime paid to the Maintenance Department in use of the · equipment should be reimbursed at a cost of at least $200. V . < . ~. ~ . Mr. Gar Kellom June 23, 1994 Page -3- - 5. The City is undertaking the enactment of a more restrictive keg ordinance which will require residents to secure a license prior to tapping a keg of beer in the city. The ordinances would require the license application be signed by the owner of the property (including the landlord for leased property). The city is also looking into the legality of requiring applicants to pay a deposit which would be forfeited in the event of damage or other unlawful activity at the property as a result of the keg party. 6. Father Cletus indicated that the College would work with the city in providing notice to students with regard to changes in the law, problems caused by the pinestock Festival and stepped-up enforcement measures which the attendees may expect in the coming year. 7. Father Cletus also indicated that criminal convictions of students occurring during the year because of illegal use of liquor or nuisance type of activities could be forwarded to the College and that further action may be taken by the college, which may include notification of the student's -----. parents and disciplinary action in the form of probation or ..... suspension. I would also suggest that the college consider personal conduct as a condition of eligibility for student athletes. We also discuised the possibility of peer involvement by the student senate, student newspaper or some other student- controlled entity or organization to get the message to the students. For years, I have been frustrated by the incompetency of the student newspaper in objectively reporting issues of this nature. This frustration was further highlighted by the failure of the student newspaper to send a reporter to attend the community relations forum held at Sexton Commons earlier this spring. Father Cletus indicated that he shared my frustration while also noting that the incoming student senate has little strength or influence within the student community. Would you please forward this letter to the Joint Activities Board responsible for planning Pinestock. I would also be interested in any other suggestions or proposals you have to address this problem. If something significant is not done between now and next spring, I will recommend that the city Council adopt a resolution formally requesting the cancellation of Pinestock. Although pinestock is still ten months away, the City council and I want to see this matter remain on the front burner with dialogue continuing and some decisions made before the beginning of the school year. Therefore, I will anticipate a response V ~, , . Mr. Gar Kellom . June 23, 1994 Page -4- . within the next 30 days. Thank you for the concern and attention shown by your office. Very truly yours, RAJKOWSKI HANSMEIER LTD. By John H. Scherer JHS/baz cc: The Honorable Bud Reber All Council Members Brad Lindgren, Chief of Police Rachel Stapleton, Clerk/Administrator L:\gen\16395\af062194.011 - ~ V . . . "'SeJ 113 S, FIFTH AVENUE. Po. BOX 1717, ST. CLOUD. MN 56302-1717 612252-4740 800572-0617 ARCHITECTURE . ENGINEERING . ENVIRONMENTAL . TRANSPORTA nON August 10, 1944 RE: St. Joseph, Minnesota Alley Vacations Blocks 3 and 4, Original Townsite SEH No. A-STJOE 9501.00 Ms. Rachel Stapleton Clerk! Admin/Treas City of Saint Joseph 21 Northwest 1st Avenue P.O. Box 668 Saint Joseph, MN 56374 Dear Rachel: I have reviewed the hearing notice for the request for vacation of alleys south of Minnesota Street. My records indicate that the only City utilities in the area are a single sewer and water crossing where the alley crosses the south end of First A venue Northwest. Dick Taufen should be consulted with regard to where the City utilities end and the St. Ben's utilities begin. I feel the portion of the alley immediately south of the school should be kept open for . access to our utilities and for emergency access in the event of a fire. In Subparagraph 1, the Convent has stated that the alternate access is being used and maintained by the City. Unless a road easement has been granted to the City, this is private property and should be maintained by the Convent. If we are going to vacate the east-west alley to the middle of Lot 2, Block 3, we should go all the way to the east line of Second A venue Southeast. This will eliminate a short segment of alley with no room to turn maintenance vehicles around. I have no other concerns at this time. Please call if you have any questions. Sincerely, , (~ ~~BettendOrf' P.E.U roject Manager cau Enclosure: Alley Vacation Hearing Notice (G: ISTJOEICORR\AG-I OB,94) . SHORT ELLIOTT HENDRICKSON INC, ST. PAUL. MN MINNEAPOLIS. MN CHIPPEWA FALLS. WI MADISON, WI * , . V I . RAJKOWSKI HANSMEIER LTD. Attorlleys at Law Reply to: st. Cloud ST. CLOUD 11 Seventh A venue North August 2, 1994 P,O, Box 1433 St. Cloud. IvIJ,\¡ 56302-1433 I 612-251-1055 I Ms. Rachel Stapleton 800'445'9617 st. Joseph city Clerk FAX 612'251'5896 City Hall P.O. Box 668 st. Joseph, MN 56374 MINNEAPOLIS 2904 Plaza VII I RE: Alley Vacation of College/Convent -+5 South Se\'enth Street I Our File No. 16,395 \1inneapoiis, MN 35-402-1620 I Dear Rachel: I 612-339-9206 800-4-tS-961ï I I have reviewed the request for alley vacation i FAX 612-251-5896 I submitted by the convent and parish. It appears as . I though the alley is of no use to the City. You may I I want to verify that with Joe Bettendorf before the ¡ i meeting in September. I FRAXK f. RAIKOIVSKI . As you know, the statutes provide that an alley should GORDO'\! H. HAXSMEIER I not be vacated unless the vacation would serve a public FREDERICK L. GRW\KE i purpose. The Petition states that the public interest I would be the removal of the cost of maintenance from THOMAS G,!OVANOV/CH I the city's responsibility as well to remove the as JOH,V H. SCHERER areas from the city's responsibility for liability PAUL A, RAIKOIVSKI claims. KEVIN F. GRA Y WILLlA,M f. C.'¡SH.\IAN Presently, I assume that there are no maintenance DAVID T. SHAY expenses involved with the alley. That probably would RICHARD W, SOBAL\'ARRO not be a valid concern or consideration for the city. MICHAEL c. RATKOWSKI On the other hand, the issue of liability may be a valid factor to consider with regard to this request. Even though I assume that most liability would probably lie with the convent or the parish, there may be JAMES H. KELLY, MD., F.A.c.p, circumstances where a person injured on the property MEDICAL CO:-;St.:'LTANT may attempt to bring a claim against the city as well. Due to the fact that this area is frequented by GoRDO:-J H. HA:\S~fEIER IS AD.\tlITED TO PRACTICE children and also takes in areas within buildings, the IN NORTH DAKOTA AND \VISCONSIN, PAUL A. RA KO\V5KJ IN \VISCONSfN risk of injury is very real. A;'\!D WILUA\1 J. C.-\SH~1AN 1:-..' SoUTH DAKOTA. . . ME\!BER OF AMERlCAN BOARD OF TRIAL AoVOCATFS. . -> , . Ms. Rachel Stapleton . August 3, 1994 Page -2- Therefore, absent some need or purpose for maintaining the alley, I believe that the desire to protect the City from potential liability will be a valid consideration justifying vacation. Very truly yours, RAJKOWSKI HANSMEIER LTD. H. Scherer JHSjbaz cc: Joe Bettendorf L:\gen\16395\af080294,Oll . . T . HANDBOOK FOR MINNESOTA CITIES '-- ~ . ably to the center line. free of easements An abutting property owner who suffers either in favor of the public or owners of peculiar damages from the vacation of the · other property abutting on the street. street is entitled to compensation. but not Cities may specify the extent to which a if the only complaint is that the person proposed vacation affects existing utility must travel further or over a poorer road easements. including reserving the right in going to and from the property.96 For to maintain and continue utility ease- streets in private and certain platted ments.94 However. where a piece of land territories. there is also a district court was formerly a platted street but the city procedure for vacation. rn Before a court vacated the street. its prior status would may grant an application for this. how- not prevent a dedication by statutory user ever. the mayor of the city must receive if the city maintained it for a six-year personal notification of it at least 10 days period.95 before the court intends to hear the If the city actually owns the dedicated application. street. which is an unusual case. and The action of a council in vacating a does not occur jf the street has been street would ordinarily be void if it does dedicated by plat. the resolution vacating not hold a hearing or if it does not publish the street does not divest the city of its and post notice of the hearing for the rights to the property. It still may dispose period of time the statute requires. 98 of the property on which the street was located. ~, , How This Chapter Applies to Home Rule Charter Cities · Land use control ordinances apply to Some charters contain provisions for the charter as well as statutory cities.99 If a acquisition and disposition of real prop- charter contains conflicting provisions. erty. The statutes do not give directions refer to the chapter on the home rule for charter cities to follow. absent charter charter city. provisions. Legal Notes for Chapter 16 l. Hay v. TownshtpofGrow. 296 Minn. 1. 10. Minn. Stat. 462.355. subd. l. 206 N.W. 2d 19 (1973); National. CapttaI. 11. Minn. Stat. 462.355. subd. 2. Corporation V. Village of Inver Grove 12. Minn. Stat. 462.355. subd. 3. Heights. 301 Minn. 335. 222 N.W. 2d 550 13. Minn. Stat. 462.356. subd. l. (1974). 14. Minn. Stat. 462.356. subd. 2. 2. Sun oa Company V. New Hope. 300 Minn. 15. Minn. Stat. 462.354. subel. 2 326. 220 N.W.2d 256 (1974). 16. For a complete discussion. see League 3. Minn. Stat. 462.352. subel. 5. publication Local and Regional. Planning 4. MInn. Stat. 462.355. in Minnesota. Part II. Regulatory Devices 5. Minn. Stat. 462.354. subel. 1 (1); see for Implementing the Plan. League memo Planning Commtssions- 17. Golden V. Ramapo Planning Board. 285 Notes and Ordfnartces. 430a.18. N.E. 291 (N.Y. 1972); ConstructfDn 6. MInn. Stat. 462.354. subel. 1 (2). Industry Assoclatton V. City ofPetaIuma.. 7. MInn. Stat. 462.353. subel. 4. ' 522 F.2d. 897 (1975): Uxbrldge · 8. MInn. Stat. 462.355. Associates V. Township of CherTy Hill. 48 9. Minn. Stat. 462.355. subel. 1; see L.W. 2695. (N.J. 1980): MInn. Stat. Chapter 17 on Intergovernmental 360.063 to 360.069. See. McShane V. City relations and the sectlon of this chapter of Faribau1.t, 292 N.W. 2d. 253 (1980). on extrnten1torlnl zoning and subdMslon 18. Southern Burlington County NA.A.C.P. v. control. 248 .. CHAPTER 16 . property owner to sell. however, does not any other related expenses to which an mean the council has the right to institute owner is entitled under federal law. ~ . eminent domain proceed1ngs.77 Advertising Devices The council must decide whether it should exercise the right of eminent Cities cannot remove lawfully erected domain and begin condemnation proceed- advertising devices until the city has ings,18 acquired all rights in the property.88 A city To acquire property by eminent domain. cannot use amortization. However. this cities must follow the procedure in the law affects only signs adjacent to high- comprehensive eminent domain law.79 ways.8S Under that law, the council begins pro- ceedings. normally by resolution. The city Vacating Publicly Owned Utility must then file a petition with the district Easements and Land Dedicated court. If the court detennines that the purpose is an authorized public purpose. to Streets and Alleys it appoints commissioners to appraise Statutory cities and home rule cities of damages. The parties may appeal the the third and fourth class may abandon commissioners' award. ownership or control over all or any part When one city needs part of a tract of of land they have set aside, dedicated, or land for some public purpose and some used as streets or alleys. 90 A statutory city other city needs other parts for a public may also vacate any publicly owned utility purpose, they may enter into an agree- easement or boulevard reserve.9\ The ment for Joint acquisition of the land by steps are as follows: eminent domain. so · The council may initiate the action by A city may condemn land that another resolution. or a majority of property public body holds, but only if it can show owners who abut the land to be a strong necessity for the condemnation.sl vacated may petition for tlús action. . RELOCA TlON AND APPRAISAL FEES Such petitions probably need signatures from both a majortty of The city must pay relocation assistance landowners and the owners of at least and benefitsSZ to residents or businesses 50 percent of the land area. gs the city displaces through eminent do- · The council must hold a public main or by purchase of property if federal hearing on the proposal following two relocation assistance and benefits are not weeks' published and posted notice. available.83 This is a cost of almost every The city must proVide written notice to acquisition and the council should con- each affected property owner at least sider it in making a decision to acquire 10 days before the hearing. land. In some limited circumstances. · If the land to be vacated abuts or owner-occupants may waive relocation terminates on any public water, the benefits.8-4 The purchase of property with city must give wrttten notice to the the proceeds of industrial revenue bonds comm1ssioner of natural resources. does not constitute an acquisition which · If. after completing the above steps, would require payment of relocation the council decides that the action is benefits.8S Also, utilities forced to move in the public interest, it may vacate from a Iight-of-way do not qualify for the land by passing a resolution. relocation benefits.88 Vacating a street or alley must be in In both acquisitions by purchase and by the public interest. Q9 eminent domain, the owner is entitled to · After adopting the resolution, the clerk reimbursement for appraisal fees, not to must prepare and present to the exceed $500, if the owner is otherwise county auditor and the county register entitled to reimbursement under federal of deeds a notice that the council has law. The city. as purchaser. must Worm completed the vacation proceedings. . the owner of the right, if any. to reim- When a city lawfully vacates a street, bursement for appraisal fees, together the owner of abutting property holds title with relocation costs, moVing costs, and to the land in the fonner street, presum- 247 ~C'~ St. Joseph Parks Commission ..." -- .)LIw . '-. (~.. -,' .It // \ - St. Joseph, Minnesota 56374 - ~-' - .-- -- :- Minutes of meeting of August 22, 1994 Meeting called to order by John Anderson at 6: 42 pm. Members present: John Anderson, Joe Braun, Fay Gretsch, Marge Lesnick, Claudette Klein, and Liaiaon Bob Loso. Members absent: Irma Lanier, Darwin Erickson, Rich Schultz. Approval of minutes: Marge Lesnick approved and Joe Braun seconded. Suggestion to have date of next meeting in minutes. Liaison Report: Bob Loso stated that Bleachers in Memorial Park will be completely installed by Sept. 17. All CeIœnt has bee completed in Centennial Park, will seed or sod to complete project. Entrance to Morningside Park should be completed by October 1. Budget was cut from $20,000 to $10,000. Grant in process and will hear by November if a rejection or will re-apply. Park budget has to be completed ~y September 15. Prioritees anè c~anged need to be made by that time. PeriIæter of sand box in Morningside should be completed this year but not placed near tree line. Regarding a ramp for skateboarding as quoted in the St. Joseph Newsleader was not aavorablY received by the City Council members. ld Business: Nesting signs are at the City Hall for 3 weeks already. Need to be posted. Sand box in Morningside originally had a suggestion of size 60 x 70. Bob Loso and Marge will possibly stake out the area and possibly make it smaller or the size of Centennial Park. Check with Darwin to get a bid on 60 x 70 or less. Fall Clean up date: October 6 and 13 for BFI to pick up appliances, etc. Fay will check wit."l Lions regarding the requested volleyball court. Park Board will have approval of whatever concept they decide upon. Summer Recreation Program may be put up for bids next year. Not completely satisfied with program this year. An interest has been shown for a Babe Ruth baseball program and cost could be around $6,000 for equipment and uniforms and a coach. Hollow Park has a new bench and garbage recepticle. Swing set should be here in about 2-3 weeks. Centennial has two new horse shoe pits. New Business: John will contact Rich Schultz to see if there is sooe reason for not attending Park Board ræetings the last few months. He will find out if he wants to resign or a dismissal is in order if no attendance in September. .eminder: Any member may have an item put on the agenda, please call John Anderson. Next meeting will be September 26, 1994. Meeting adjourned at 7: 24 pm. Respectfully submitted: ~~ - . .~ ~.. ,. '6899-£Z9 (Zl9) IllJJ a>11a¡d ·SlZ1ULlOJ atl!llJZw1/v 11! a¡qV¡!ViW S! a,mzpo.ll{ S!lfL ·.kI!ìo¡dwa puv JOllJJ1!pa r4!!l/I1.wddo I ¡mzba 1IV S! v¡osazw!w Jo !ìl!S,l3tl!Un "IfL 6£ro-SstSS NW 'sTIod~auU!W '3'S aAµa Á.mqSII!d SI£ .ra1ua:) anoN 90Z ~1osauUIW JO Á1!s.raAIUD sa:>!A.Ias a:>ua.ra}uo:) put? 1uawdolaAaa I~uo!ssa}o.rd Ii The Technology Transfer Program September 22, 1994 of the Center for Transportation Studies, Bemidji, Minnesota University of Minnesota, presents a Bemidji State University workshop on Hobson Memorial Hall M I N N E S 0 T A . ......... It ....... ....... September 27, 1994 I Coote< f,,, T ,ao,portahnn Sou" ;e, Tort St. Cloud, Minnesota Americanna Inn September 28, 1994 Faålitated by: L· b~ty North Manbto,'-"om Ia Best Western Garden Inn Professional Development and Conference Services Continuing Education and Extension WorksHop UNIVERSITY OF MINNESOTA Who Should Attend Pre-registration allows us to contact PURPOSE Maintenance supervisors, street you if the course must be postponed supervisors, engineers, public works due to weather or other factors. This workshop will provide a directors, city council members, A refund of the registration fee, basic definition of tort liability county and township board members, minus a $15 cancellation fee, will be and city, county, and township made if written cancellation is and a discussion of how it attorneys. received three working days prior to Fees the workshop. applies to highway design, A registration fee of $45 per person For More Information Call: construction, and maintenance. includes lunch, coffee breaks, and Bev Ringsak Case studies will be used to program materials. Professional Development and Conference Services illustrate effective procedures to Registration University of Minnesota Mail the registration form to the 612-625-6689 avoid tort liability. address on the form no later than Fax No. 612-626-1632. one week prior to the workshop. · aIT'Q-eld!s pr-e:> uo pa~uµd s-e aUI-eN I 2£91-929 (Zl9) 'oN x-ed ' I 6£lo-gSVSS NW 'snod-eautI1W '3.·S ahµa Á.mqsmd £1£ sa.I!dxg, .laqwnN pr-e:) "'"'" ,,¡ON £"'1 -e~osalIU!W JO ~!S.Iah'[Ufl ssaldxg, ue:>µawy 0 o~a2IB1D sa:>!hlas a:>ua.laJuo:) ptre .raho:>S!a 0 pr-e:)la~s-ew 0 YSIA 0 0 ~uaWdO¡ahaa y-euo!ssa}o.ld ·.laÁo¡dwa mq o~ pal.p-e~w uoq-ezµOl,nnB JO lalla¡.lO .l¡¡PlO asm,pmd 0 r-e~ sµ¡ ,ra '!?1osauuHt\1 JO ~!S.rahµI11 01 ¡¡¡q-eÁ-ed pasopua a¡¡J % 0 / :01~W I la1.j~o 0 Áu-edwo:> 0 ¡¡~-e~s 0 ~uno:> 0 ~p 0 d!1.jSUMO~ 0 Áq paÁo¡dw3. i i (-) ¡¡U01.jd¡¡¡¡¡l ¡¡WOH (-) auo1.jda¡¡¡l ){lOM I dO~S)]:IOM i ! d!Z ¡¡1-e1S ~D I I Ãimqe!l (xog 'O'd JO ¡aaJ¡sJ .l¡¡ÁO¡dW3. 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