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HomeMy WebLinkAbout1995 [05] May 18 {Book 07} 1-1 'ie 'C I -. . v~ CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, CITY COUNCIL MEETING St Joseph, MN 56374 May 18, 1995 - 7:00 P.M. (612) 363-7201 AGENDA Fax: 363-0342 1. Call to Order 2. Approve Agenda MAYOR Donald "Bud" Reber 3 . CONSENT AGENDA a) Approve Minutes - May 4 b) Rassier Variance c) Lindgren Variance 4. Bills Payable CLERK! ADMINISTRATOR 5. Treasurer's Report Rachel Stapleton 6 . Department Head Reports - Brad Lindgren C.CILORS 7. OLD BUSINESS a) Affordable Housing b) Access Channel Equip. c) Sidewalks d) ROW Property Request Ross Rieke e) Comprehensive Plan f) Snow removal Bob Loso g) Recording Equipment h) Compost Area Ken Hiemenz i) Vacating Alleys *j) Open Burning Cory Ehlert *k) Parking Lot Surface *l) Keg Ordinance 8. 8:00 P.M. OPEN TO THE PUBLIC 9. Recess 10. Mayor Reports 11. Council Reports 12. Clerk\Administrator Reports a) Summer Employment b) Investment Committee c) Public Water Supply Emerg. & Conser. Plans d) Other Matters of Concern 13. NEW BUSINESS 14. Adjourn. . , ) . v~ CITY OF ST. JOSEPH 21 First Avenue NW P,O, Box 668, St Joseph, MN 56374 MEMO (612) 363-7201 Fax: 363-0342 TO: Honorable Mayor and Members of the Council FROM: Rachel Stapleton MAYOR DATE: May 15, 1995 Donald "Bud" Reber 3 a. I have not received any changes or corrections to the draft of the minutes. 3 b & c. Judy will get the minutes of the Planning Commission to you before the Council meeting so that you CLERK! can review their recommendations. ADMINISTRATOR Rachel Stapleton 5. Copy of the April Treasurer's Report is enclosed in your packet. 6. Copy of his report along with a noise violation (first C.CILORS violation for that property) is in your packet. Ross Rieke 7 j. Information from the League and DNR is in your Bob Loso packet for you to consider. This l.S concerning the Ken Hiemenz conflict between our burning of leaves ordinance and Cory Ehlert State DNR requirements. 7 k. Information from the attorney along with a proposed ordinance amendment. 7 l. Information on the proposed keg ordinance along with a proposed ordinance amendment for you to consider. Also enclosed "for your information" material - 1. St. Cloud Area Economic Development Memo 2. Open Meeting Law Information 3 . CORE minutes of the May 8 meeting. 4. Fire Board minutes of the May 3 meeting. 5. Department Head meeting minutes of May 5 As always, please call me with any questions or concerns prior to the meeting. . , rd) rD- + +- · Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, May 4, 1995 at 7:00 p.m. in the City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Joe Bettendorf, Dick Taufen, Dave Theisen, Dave Hinnenkamp, Brian Klinefelter, Dave Hanson, Brent Bechtold, Art Hiemenz, Edith Hiemenz, Art Reber, Steve Streng, Mike McDonald, Tillie Wasner, Elmer and Kelly Reber, Mary Reber Generous, Bert and Lou Zimmer. Mayor Reber called the meeting to order at 7:00 p.m. with Reber, Loso, Hiemenz, and Ehlert present. AGENDA: Loso made a motion to approve the agenda: seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CONSENT AGENDA: Loso made a motion to approve the consent agenda consisting only of the minutes of the April 20, 1995 Council meeting; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. · BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. Hiemenz made a motion to approve the bills payable check numbers 20909 - 20981; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Discussion of the need to clarify by written pOlicy on payment for Department Heads attendance at Council meetings, because they only need to be in attendance during their scheduled portion of the meeting. Ehlert made a motion to approve the overtime and callouts as presented; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. MAYOR'S REPORT: 1) The St. Cloud Area Planning Organization discussed supporting the abandonment of the Railroad. St. John's Abbey and University are requesting to keep the railroad. After discussion of the matter and options available (support abandonment, not support it, or do nothing), County Commissioner Rose Arnold made a motion to do nothing, which passed. She felt that the abandonment will go through anyway. 2) The flag pole could be adapted to have the mechanism inside the pole, and provide more security for the flag at a cost of about $300. Loso made a motion to proceed with the adapt ion as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. · Nayes: None. Motion carried. Page 1 1 3) Mayor Reber read a complementary letter about the performance 4Ij Clerk/Administrator from an area resident. He commended Stapleton and pia the letter in her personnel file. COUNCIL REPORTS EHLERT: 1) The City qualifies for student employee workers. Ehlert has met with officials at the college and university and is in the process of getting workers through this program. 2 ) The Planning Commission met May 1 and discussed the addressing system. They requested to invite the property ovmers whose addresses are being reconsidered, and Joe Bettendorf, along with Ben Poepping, to the next meeting. There was further discussion on the costs to the property owners when addresses are changed. LOSO: 1 ) Area residents, outside the jurisdiction of the City of St. Joseph have requested to use the compost area. Mayor Reber will study the matter and report at the next meeting. Rieke arrived at 7:25 p.m. 2) Loso made a motion to send a memo to the Police Department and Maintenance Department reminding them to open the bathrooms in Centennial Park daily. Maintenance opens the bathrooms and the Police Department locks them at 10:00 p.m. The motion was seconded by Ehlert. . Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 3 ) The Fire Board met and approved a sealed bid received on the 1975 Ford Fire Truck. The City and Township need to accept the bid. Loso made a motion to accept a bid on the surplus 1975 Ford Fire Truck from Lancaster, Minnesota of $18,100 with 3% of this to be paid Mr. Bunker, for his services in finding a buyer; seconded by Mayor Reber. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. The Fire Board also approved purchasing 30 replacement helmets at $100 each; requested that any realtor's placed on the agenda for the next City/Township meeting should be deferred to a later date. The Fire Chief discussed with the Board that DNR Ordinance only allows open burning with a written permit. Loso did not feel that the City Ordinance allowing burning of leaves, with it's specific restrictions, was a problem. 4 ) The pay phone will be installed the week of May 10th in Centennial Park. 5 ) The Design Team Town Meeting did not provide a forum to request they consider an area for an additional ball field as previously discussed, for "pickup" ball games. The Rec Association also has discussed the need for an additional ball field. . Page 2 3 J · 6) The Baseball Task Force meeting will be held with Pat Schneider on Sunday, May 7th. HIEMENZ: 1) During the Design Team visit Hiemenz received comments and calls from concerned citizens about the plans to divest the Roske property, without further planning. Gerry Klaphke, local residential realtor, would like involvement in choosing a realtor. 2) The TRAM group will arrive in St. Joseph on July 26th. Organization for this event is in process. DEPARTMENT HEAD REPORTS: Dave Theisen, Fire Chief, appeared before the Council to discuss. the status of choosing an architect for the Fire Hall. He stated that they have sent Requests for Proposals to all seven St. Cloud firms. They were requested to have the proposals to the City by May 8. The Fire Department will review them and eliminate all but three. Then the Fire Board and Building Committee along with Bernie Schloemer will meet May 16. The final architect will be picked on June 6th. The Council generally agreed that since Bernie Schloemer is no longer on the Town Board but has much expertise in the building field, they would allow payment for his services if he requests it. Chief Theisen also informed the Council that the Fire Department has been working on an application form for membership in the Department. The Fire · Board agreed to have the City Attorney review it and comment. CLERK/ADMINISTRATOR REPORTS: 1) The Mayor and Clerk/Administrator have been contacted by the Director of AmericaFest, an International Festival of Young Singers. They intend to hold the festival at St. John's University in the summer of 1996 with participant contact with the local communities a major part of the festival. The intent is to expand their horizons and build international friendships. The organization is requesting $750 of funding assistance from the St. Joseph community. Mayor Reber expressed support for this worthwhile project and will contact the local organizations for funding. 2) The Senior Citizens would like to have doors with locks installed on the shelf area in the storage room. Council was in general agreement to have this constructed as requested. Mayor Reber agreed to follow through on the project. 3 ) The City of St. Joseph's 1994 population, as established by the State Demographer, is 4,132 with 920 households. 4) An Resolution of support to abandon the Railroad was approved with a motion by Loso; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 5 ) The St. Ben's and St. John's organizations that plan the Pine stock Event are considering the request to assist the City in funding the additional · costs related to Pinestock. Also the students are organizing a cleanup for Sunday morning after the event. Page 3 1 POLICE RESERVE OFFICERS: Brian Klinefelter introduced the newest Resetll Officers to the Council. Mark Hanson and Brent Bechtold were presented the Council and welcomed. The Council thanked them for their time and efforts on behalf of the City. OPEN TO THE PUBLIC: Tillie Wasner reiterated the Senior Citizens' needs for securing their storage area. She also questioned if anything can be done to require the property owners of a group home to clean up the property and keep it in better condition. Steve Streng questioned if there would be a summary report on the Design Teams visit, survey results, and recommendations. Hiemenz stated that articles will be in the paper and when all the materials are back from the Design Team an open forum will be held. People can still sign up for the committees. Mike McDonald thanked the Street Department for their excellent job of snow removal. Loso made a motion to recess at 8:03 p.m.; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:20 p.m. OLD BUSINESS for developments~o DRIVE OVER CURBS: Council discussed changing standards drive over curbs as are installed on Old Highway 52 with last years reconstruction project. Council will discuss this matter with the maintenance department and get further information. PROPERTY CLEANUP: Loso stated that the property with abandoned construction in progress is in the process of being sold with the intention of a house being built on it. CITY ENGINEER JOE BETTENDORF REPORTS WATER IMPROVEMENT PROJECT: Joe Bettendorf discussed the need for easements to remove the iron filtration tank and install an underground reclamation tank. The plans are for the structures to all be on city property but would need easements from the adjoining neighbors for construction. Elmer Reber questioned the need to use the easement for future maintenance of the facility. Bettendorf stated that there would not be a need to use the easement for future maintenance of equipment. Additionally the easement property would be restored. Bert Zimmer questioned the area needed for the easement. Bettendorf discussed the area needed on both properties. Elmer Reber questioned if the tank could be placed where the old water tower was located, between the pumphouse and the alley. Bettendorf stated that they would look at that area for size. He also asked Mr. Reber if he would be opposed to the easement if the structure would not fit on the old water tower site. Mr. Reber indicated that he would be opposed to the easemee Page 4 J J 4IÞ Bettendorf indicated that the Rebers' and Zimmers' would be asked to come back and discuss the matter further with the Council if the new proposed site is not adequate. The City would have to be on St. Ben's system during the construction phase of the water treatment project. St. Ben's will only accept this use of their system during the summer vacation period. Also some water use ban may be required during this time. Bettendorf also discussed that there may be a need for additional equipment for benzene removal. The hose drying tower could be considered for this if it could be coordinated with the construction of the new fire hall. Council generally agreed to bid the project at the most advantageous time for construction the summer of 1996. SEAL COAT AND STREET IMPROVEMENT PROPOSAL: Bettendorf presented a seal coat and overlay proposal for specif ic streets and alleys. Mayor Reber stated that with the tight bUdget it would be best to concentrate on the streets and omit the alley improvements unless the owners petition for it. Loso stated that we need to set up and adopt a street improvement plan for about the next five years. Council generally agreed to set up one and fold it into the Capital Improvement Plan and finalize the plan. Hiemenz made a motion to advertise for bids and proceed with the seal coat plan of Cloverdale Estates 3rd, 4th and 5th Additions; College Avenue, from Ash Street to Birch Street, . and from CSAH 75 to the alley between Date and Elm Streets; First Avenue NW from CSAH 75 north for one block; First Avenue NE from CSAH 75 north one half block¡ Date Street from First Avenue NW to First Avenue NE¡ Cedar Street from First Avenue NE to East of Third Avenue. This approval also includes overlay of Baker Street East from Seventh Avenue SE to the north line of Pond View Ridge Addition. The motion was seconded by Mayor Reber. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. AGENDA ORDER: Council requested to change the order of the agenda for future meetings by placing the consultants and public requests earlier on the agenda. 1994 AUDIT REPORT: Dave Hinnenkamp, of Kern, Dewenter, Vi ere, Ltd. presented the 1994 Audit report to the Council. He reviewed it with the Council, discussing various specific details and stated that the City is financially sound. He discussed the investments and recommended setting up a committee to establish a formal investment strategy policy. Other recommendations and suggestions were to go to a longer payroll period to save 3 to 4 hours per week on staff time, dual signatures required on checks, and the segregation of duties, which the limited number of employees does not allow. Mike McDonald asked if any investments are in derivatives. Hinnenkamp stated that none are. FINANCING MECHANISMS: Dick Asleson, representative of Juran & Moody, . discussed with the Council mechanisms for releasing excess fund balances from debt service funds prior to the expiration of the bonds. He discussed with Page 5 '- them a method called defeasance, prior to the call date of the bOa Council generally agreed that when financing the water project they consider supporting such mechanisms. At 10:00 p.m. the Mayor extended the meeting five minutes. Mr. Asleson further discussed the defeasance proposal. Hiemenz made a motion to adjourn at 10:05 p.m.; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Rachel Stapleton Clerk/Administrator . . Page 6 . ~ POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE . BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 EOUCATIONAl CENTER OF CENTRAL MINNESOTA (612) 363-8250 EMERGENCY 911 DATE: MA Y 18, 1995 TO: ST JOSEPH CITY COUNCIL FROM: CHIEF LINDGREN SUBJECT: MONTHLY REPORTS (APRIL) DEAR COUNCIL MEMBERS, PLEASE FIND ENCLOSED THE APRIL POLICE DEPARTMENT REPORTS. AS I WRITE THIS (5/10/95) PINESTOCK HAS NOT YET HAPPENED. AS YOU SHOULD BE RECEIVING THIS BEFORE PINESTOCK, I WANT TO LET YOU KNOW WHAT OUR PLANS ARE. WE ARE GOING TO HAVE EVERY OFFICER ON THE DEPARTMENT WORKING THAT DAY. SOME OF THE OFFICERS ARE GOING TO PULL A 12 HOUR SHIFT, ALL OF OUR . RESERVES WILL BE IN UNIFORM AND ALSO WORKING. OBVIOUSLY MOST OF THE OFFICERS ARE WORKING THE EVENING AND NIGHT SHIFTS. ABOUT A DAY AGO, I RECEIVED WORD THAT THE ST BEN'S STUDENT SENATE, AND THE (STUDENT) JOINT EVENTS COUNCIL ARE DONATING $500.Ø0 FOR ADDITIONAL ENFORCEMENT. (THE ST JOHNS STUDENT SENATE DID NOT DONATE MONEY FOR ENFORCEMENT) AS I'VE STATED BEFORE, I BELIEVE THE BEST DETERRENT IS VERY VISIBLE, AND ACTIVE ENFORCEMENT. WITH THE $500.00 DONATED WE CAN GET 3 DEPUTIES AND SQUADS FOR AN 8 HOUR SHIFT. THIS WOULD DOUBLE OUR PEAK HOURS OF COVERAGE FROM 3 TO 6 OFFICERS AND SQUADS ON DUTY. I DO NOT KNOW AS OF YET IF I WILL BE ABLE TO GET THE ADDITIONAL HELP AS THE SHERIFF'S DEPARTMENT IS STRAINED ALREADY DUE TO PINESTOCK, AND MAINTAINING THEIR REGULAR SHIFTS. AGAIN MY THINKING IS TO HAVE ENOUGH LAW ENFORCEMENT VISIBLE, TO AVOID PROBLEMS BEFORE THEY START, AND IN THE EVENT PROBLEMS DO START, HAVE ENOUGH MANPOWER TO DEAL WITH THEM. I HAVE ONLY HEARD SECOND HAND, BUT IN MY EFFORT TO KEEP THE RECORD STRAIGHT, AND ESPECIALLY AT PUBLIC MEETINGS (WHERE THE NEWSPAPER MAY OR MAY NOT ELECT TO REPORT ON IT) I OFFER THE FOLLOWING. IT IS RELATIVE TO THE QUESTIONING OF MY COMP TIME FOR THE PRIOR COUNCIL MEETING. 1ST, I ARRIVED AT THE COUNCIL MEETING BEFORE 7:Ø0 PM AND LEFT WELL AFTER 9:00 PM IN AND OF ITSELF OVER TWO HOURS. POLICE ISSUES WERE STAGGERED THROUGHOUT THESE TIMES. DURING THIS TIME AND A NON POLICE ISSUE, LOUD VOICES, LIKE HOLLERING WERE COMING FROM THE . POLICE DEPARTMENT. IT WAS A CITIZEN WITH A COMPLAINT. I DEALT WITH THE CITIZEN. AND DISCUSSED HIS PROBLEM. AFTER I LEFT THE COUNCIL MEETING (PAST) 9 PM, I DID SOME ADMINISTRATION DUTIES AT THE OFFICE. AFTER THIS, OUTSIDE I MET WITH THE OFFICERS, DISCUSSED A SITUATION AND ISSUED ORDERS. I FINALLY ARRIVED HOME AFTER 10 PM. THIS IS A TOTAL OF 3 HOURS OF MY TIME RELATED TO MY JOB THAT I ONLY CLAIMED 2 FOR, AND DONATED THE OTHER. . POLICE DEPARTMENT ¡. . BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE · ST. JOSEPH, MINNESOTA 56374 EC'~'Ç"1'·':1S1.LCpIÌE;:(CFCE"tR1L "'_""ESOTA. (612) 363-8250 EMERGENCY 911 SPEAKING OF DONATED TIME~ I ALSO OFFER THE FOLLOWING, SEVERAL WEEKS AGO (WHILE OFF DUTY) I OBSERVED SOME KIDS ACTING SUSPICIOUS NEAR THE TOT LOT. THEY HAD LIT A GRASS FIRE. MYSELF AND THE HOME OWNER WHO'S PROPERTY IT WAS ON, PUT THE FIRE OUT. I CALLED THE ON DUTY OFFICER & WE PHYSICALLY TRACKED DOWN THE KIDS. A POLICE REPORT WAS MADE, & THE SITUATION TAKEN CARE OF. AGAIN, DONATED TIME ON MY PART. SPEAKING OF DONATED TIME~ YESTERDAY (5/9/95) I TOOK A COMP DAY OFF. I STOPPED IN THE OFFICE, STARTED GETTING CALLS FOR ME, AND MET WITH A BUSINESS PERSON RELATIVE TO THE KEG ORDINANCE. I THEN CONTINUED RETURNING THE CALLS FROM MY RESIDENCE, THIS WAS APPROXIMATELY 2 HOURS. I AM LISTING 10 HOURS FOR THIS DAY OFF, AND DID NOT INTEND ON CLAIMING THESE HOURS. SPEAKING OF DONATED TIME: AT LEAST WEEKLY, AND OFTEN TIMES DAILY I RECEIVE CALLS FROM THE OFFICERS, OR THEY STOP IN RELATIVE TO A WIDE VARIETY OF SITUATIONS, CALLS, AND · ARRESTS. THE CALLS ARE AT ALL HOURS OF THE DAY AND NIGHT AND LAST FROM A COUPLE OF MINUTES TO OVER A HALF HOUR. I HAVE NEVER CLAIMED TIME FOR THIS. AGAIN, DONATED. SPEAKING OF DONATED TIME~ I BELIEVE I HAVE INFORMED YOU OF THIS IN THE PAST BUT IS WORTH MENTIONING AGAIN. EACH DAY I REPORT FOR DUTY, AS WELL AS ALL OF THE OTHER OFFICERS, THE OFFICER COMING ON DUTY ARRIVES EARLY AND THE OFFICER GOING OFF DUTY STAYS OVER FOR SHIFT CHANGE. USUALLY THIS IS 15 MINUTES COMING IN EARLY AND STAYING 15 MINUTES LATE. SOMETIMES MORE, SOMETIMES LESS. IN DOING THE MATH THIS AMOUNTS TO A 1/2 HOUR PER DAY, TIMES 4 1Ø HOURS DAYS PER WEEK IS 2 HOURS TIMES 50 WEEKS PER YEAR IS 100 HOURS. I EARN LESS VACATION HOURS THAN THIS. AGAIN, THIS IS ON THE AVERAGE, AND RELATIVE TO SHIFT CHANGE. THESE ARE JUST RECENT EXAMPLES OF DONATED TIME. I GUESS IF THE ISSUE IS BROUGHT UP, AND YOU (OR THE PUBLIC) DON'T KNOW THE OTHER SIDE, YOU MAY BE INCLINED TO THINK AND OR ACT DIFFERENTLY ON THE MATTER. FOR YOUR INFO. WITH THIS REPORT I AM ALSO ENCLOSING ANOTHER THANK YOU FROM KENNEDY SCHOOL, IT IS FOR A PRESENTATION I GAVE SEVERAL CLASSES ON HEALTH & SAFETY DAY. SINCEREL Y, ~LINDGR~ . · CHIEF OF POLICE . ! \<1. 05-10-95 R~ Tos§Ch poli~e De~artment Time: 11:00 8m -C~i~e mm8ry epor - UOC Page: 1 Monthly R~port For April ·1995 SBN : All Print ALL U 0 C codes Print ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- 9006 . · · 1 TRAFFIC LIGHTS 9012 . · · 2 OPEN BOTTLE 9014 . · · 58 SPEEDING 9019 . · · 1 TURN SIGNALS/STARTING 9030 . · · 4 STOP SIGN . 9044 . 1 SCHOOL BUS STOP ARM · · 9047 . · · 1 T.V. OR HEADPHONES 9068 . · · 13 SEAT BELTS AND CHILD RESTRANTS 9079 . · · 6 EXPIRED REGISTRATION 9097 . · · 1 NO MOTORCYCLE ENDORSEMENT 9104 . · · 1 ALL OTHER PARKING VIOLATIONS 9201 . · · 2 NO PROOF OF INSURANCE IN VEHICLE 9213 . · · 1 ILLEGAL USE OF PLATES . 9222 . · · 3 ILLEGAL USE OF DRIVERS LICENSE . f Wed 05-10-95 St. Joseph Police Department Time: 11 : Ø0 . Crime Summary Report - UOC Page: Monthly Report For April 1995 SBN : All Print ALL U 0 C codes Print ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- 9813 · · 4 REQUEST OFFICER 9816 . · · 1 CHECK ON WELFARE 9901 · · · 1 TRANSPORT TO JAIL 99Ø3 . · · 2 FUNERAL ESCORT 9904 . · · 5 DELIVER AGENDAS/MINUTES/OTHER PACKETS 9911 · · · 1 TRANSPORT FEMALE . 9912 . · · 1 TRANSPORT MALE 9913 . · · 16 ASSIST OTHER AGENCY 9914 · · · 2 ATTEMPT TO LOCATE 9916 . · · 3 PAPER SERVICE (WARRANTS/COMPLAINTS/SUMMONS) 9917 · · 2 ALARM 9918 . · · 2 OPEN DOOR 9920 . · · 1 SQUAD CAR REPAIR 9922 . · · 1 FINGER PRINTING . . ! . 05-10-95 St. Joseph Police Department Time: 11:00 8m Crime Summary Report - UOC Page: 5 Monthly Report For April ·1995 SBN : All Print ALL U 0 C codes Print ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- 9923 . · · 3 EXTRA PATROL NEEDED 9926 . · · 1 911 HANG-UPS OR UNFOUNDED OR OPEN LINES 9927 . · · 1 FIGHT 9928 . · · 1 ISSUE DEER PERMIT 9930 . · · 2 NEIGHBOR DISPUTE . 9931 1 BACKGROUND CHECKS . · · 9933 . · · 3 DRIVING COMPLAINT 9935 . · · 2 PUBLIC SERVICE TALKS 9937 . · · 1 DELIVER EMERGENCY MESSAGES A5451 . · · 1 ASSAULT B4865 . · · 1 BURGLARY RELATED D8548 . · · 1 DRUG RELATED DC508 . · · 1 DRUG PARAPHERNALIA . F12Ø4 . · · 1 ARSON/ NEGLIGENT FIRES ) , Wed 05-10-95 St. Joseph Police Department Time: 11:00 . Crime Summary Report - UOC Page: Monthly Report For April.1995 SBN : All Print ALL U 0 C codes Print ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- J2501 · · 1 GROSS D. U. I. J3500 . · · 2 D.W.I. J3501 . · · 6 D. U. I. - ALCOHOL J3R01 · · 1 MISD. DUI REFUSAL TO TEST M4104 . · · 27 UNDER AGE POSSESION/CONSUMPTION N3Ø70 . · · 1 DISTURBING PEACE I PRIVACY . P3119 . · · 3 DAMAGE TO PROPERTY P3310 . · · 1 TRESPASS T4059 . · 3 THEFT T8059 · 1 THEFT TG029 . · · 2 THEFT ~~~ AGENCY GRAND TOTAL: 277 . . 1 . 05-10-95 St. Joseph Police Department Time: 11:48 am Citation Location Summary - Com Code/UOC Page: 1 Monthly Report for April.1995 Com Code : All Print ALL U 0 C codes Including Juv. Water/Traffic Records Com Code U 0 C Total U 0 C Literal Translation ---- ----- ----- --------------------------------------------- 18 PARKING 9006 1 TRAFFIC LIGHTS 9012 1 OPEN BOTTLE 9014 57 SPEEDING 9019 1 TURN SIGNALS/STARTING 9030 5 STOP SIGN . 9047 1 T. V. OR HEADPHONES 9068 13 SEAT BELTS AND CHILD RESTRANTS '3079 6 EXPIRED REGISTRATION 9097 1 NO MOTORCYCLE ENDORSEMENT 9104 1 ALL OTHER PARKING VIOLATIONS 92Øl 3 NO PROOF OF INSURANCE IN VEHICLE 9222 2 ILLEGAL USE OF DRIVERS LICENSE 9224 2 REVOKED. CANCELLED OR SUSPENDED D.L. '3251 1 DOG ORDINANCE '3274 1 MORE THAN ONE KEG 9281 1 U-TURN A5451 1 ASSAULT 08548 1 DRUG RELATED . DC5Ø8 1 DRUG PARAPHERNALIA J25Øl 1 GROSS D. U. I. J35ØØ 2 D. W. r. J35Øl 6 D. U. 1. - ALCOHOL Wed 05-1Ø-95 St. Joseph Police Department Time: 11 :48 . Citation Location Summary - Com Code/UOC Page' Monthly Report for April.1995 Com Code : All Print ALL U 0 C codes Including Juv. Water/Traf:fic Records Com Code U o C Total U o C Literal Translation - - -- ----- ----- --------------------------------------------- ...continued J3RØl 1 MISD. DUI REFUSAL TO TEST M41Ø4 26 UNDER AGE POSSE SION I CONSUMPTION N3Ø7Ø 1 DISTURBING PEACE I PRIVACY T4Ø59 2 THEFT Total . . . . 157 Citation: 139 Warning: 0 PARKING 18 * * "* * * "* * * * * "* * * * "* "* * * * * * * "* "* "* * "* "* "* "* "* "* "* "* "* "* "* "* "* *"* GRAND TOTAL . . . . 157 Citation: 139 Warning: 0 PAP.KING 1. t o. J -;- . -. . -.-,' .. . '.. ... o 0 00. ··S¡~~~}.~~; ...... .... ..... ~ - - ~ " '. '- - . . . ~ .-..."-;...--.'- .-, .,--'. ". . :":- ....:..';.. ." ,0 . 0..0 0 O. ·0 -""- ~. . . -~~ . ~~ ~ 1 l ~ b1 ~ b'\ ,~~r~ 1 ~ ~ ~ ,~ ~ ~ ~ , \ ~ ;::s ~ . t .~~ ~ ' ~~~ ~ ~ ~ ~ ~ ~ ,u (,\ --- ~ ....... . ' T- I . Joint Events Council College of Saint Benedict/Saint John's University Collegeville, Minnesota 56321 Jomt Events Council P.O. Box 1863 St. John's University Collegeville, MN 56321 To the members of CORE: First of all the Jomt Events Council would like to thank all the members of CORE for the time and effort that they have put in this past year. It has been a difficult process but hopefully we have laid the groundwork for good city-student relations m the future. We understand that on the weekend of Pinestock the city of St. Joseph inCnTS a greater- , than-normal expense for law enforcement personneL Therefore, as a thank you to the City for the services it provides our students throughout the year, we would like to donat~o help ~ alleviate some of the costs incurred on this weekend. We hope that this will he beneficial to the ~ ci~ ~ -' We must state that this in no way binds future Jomt Events Council's to monetary contnòutions to the city of St. Joseph, nor does this make the College of St. Benedict, St. John's University, or the Joint Events Council responsible for the actions ofpost-PÏnestock party-goers in the city of St. Joseph. Please accept this offer from the Jomt Events Council in good faith. Sincerely, ~ ~ JII .L-- - Alan Christenson and Kristen Moore 1994-95 Pinestock/W atab Co-Chairs . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 (612) 363-8250 ,EMERGENCY 911 "'-:;\': . -·:~t:.t!:~¿',~: . ",~\:.t·:~'~.· DATE: ___..2.- 7.:=.2,;?...,__....,__,._...... ......,. .............. ....._.____...............,...__. ._". ..... ......._.._ . TO: R OG ER~T_El_ÇH;EN:____.__,_.._.._..._......_._.____.__.._.__... FROM: BRAD LINDGREN, CHIEF OF POLICE SUBJECT: NOISE ORDINANCE VIOLATION As pe'r St. Joseph city o~dinance "102 (no~se o~dinance) please be advised that you aTe heTeby given notice of a noise violation that occu~~ed at the date, time, and p 1 ~\ce listed below. Please find enclosed a copy of the afo~ementionecl o'rd i nance and the city 'rental housing complaint policy. ~ns<:) note that the second violation Teco~ded by t:h€~ pol ic€'~ I depa'rtment wi 11 'r(~su 1 t in ~~ hf!.·i:\Ting in fTon'c of tl'H~ St. Joseph Ci ty Counci 1- You may ~í.l r"C) bp ~;ubject to addition~~l. c'riminal penalties as defined in "",ect i on lØí,~. 4, upon the next ~epo~ted violation. DATE OF VIOLATION: ·....-5-::¡.--9·§;...---......·...........·..·, ......,..... ...........--- PLACE OF VIOLATION: _....l'O..5._...w...__ASH"..ST.._.........,.... ,....... TIME OF VIOLATION: .,.5.:.15,..A.M....., ......... .. ....- - SINCtF'ŒL Y, ~ ~. # BRAD LINDGREI~ CHIEF OF POLICE I 81.1\"1'05--:07-'35 8t. Joseph Police Depa~tment Time: , 5:28 am Initial Complaint Reco~d Case Numbe~ . 95000'33l D ate r~ e poor t e d : 05/07/'35 . Re poorted By: SCSD DOB: Add'ress: 807 COURTHOUSE DR. Apt. fI: Phone fI: E,12/251-L¡2L¡0 City: ST. CLOUD state: MN Zip Code: 5E..303 Dan 9 e 0(' (Y/N): N Complë'\inant: DOB: Addo('ess: Apt. t1 : Phone fI: City: State: Zip Code: Dange~ (Y /N) : Incident Desc~iption: COMPLAINT OF LOUD MUSIC COMING FROM 105 W ASH ST. COULD HEAR VERY CLEARLY FROM BEHIND OFFICE. ALSO HEARD MALE YELLING. SPOKE TO TWO RENTERS OUTSIDE. ADMITTED IT WAS THEIR CAR STEFŒO. VERY 10-57 WROTE BOTH. ADVISED GETTING VIOLATION Squad/B<Ó\dge Us: 775 Ad d t' 1 Re po·('ts : Yes r>rotected : No Rcy'd By: 7.....",. Da)' : SUt~ Date Committed: 05/07/'35 Time Committee!: 05 : 15 (-.) Mess. Key ContTo 1 Num be'(' (OCA) Cont; . Agency NCIC Ident. (CnG) I ECI '35000931 t'IN0731100 Da te Re po'rted < 1\ P D ) Time RepoTted <TRP) Loca t i on G'I~ i d Num be'(' ( LGI'\) 05/07/'35 05 : 15 Place Committed ( r::'!_ C) : 105 WASH ST HRD Squad/Badge ~ <SBN) Time Assig. <TAS) Tim e A or 'r. <T A R ) TinH? C1T. <TCL) R 775 05 : 15 05 : 15 0"5 : 38 I S N U 0 C U C S 01 9250 A 02 9274 S I . .. ......, .'.. . . SÙn Ø~-Ø7_95 St. Joseph Police Department Time: 5:25 am Initial Complaint Record Ca se Num beT' . 95000930 Date Repo'f'ted: 05/07/95 . Repo'rted By: DOB: Add'f'ess: Apt. U: Phone U: City: State: Zip Code: D <.'\ n 9 e 'r (Y/N) : Complainant: SJPD DOB: Add'ress: 25 1ST AVE. NW A pi;. tt: Phone U: 612/3E.3-8250 City: ST. JOSEPH state: MN Zip Code: 56374 Dan g e'f' (Y/N) : N Incident Description: NOISE COMPLAINT OF LOUD MUSIC COMING FROM 105 W. ASH ST. COULD HEAR MUSIC CLEARLY FROM THE BACK LOT. ALSO HEARD A MALE ~ELLING. WROTE SAMUEL THOMAS RASURE 10-23-72. ADMITTED HIS VEHICLE STEREO. VERY 10-57. Squ<.'\d/Badge Hs: 775 Ad d t' I F:e pO'f'ts . Yes P-rotec'tc::1d : No . t\cv'd By: 775 Day: SUN Date Committed: 05/07/95 Time Committed: Ø::i : 15 'ss. I<ey Cont:·f'o I Hum bc,?'f' <DCA) Cont. Agency NCIC Ident. (C,::¡O) ECI 95000930 MN0731 HJ0 Da t~? Re pO'f'ted (RPD) Time I:::e pC)'f·'l;;ed <TRP) Location G'f'id NLlmb~?'(' (L GI\ ) 05/07/95 05 : 15 Place Committed (PLC) : 105 WASH ST HRD Squad/Badge ** ( SBI\!) Tim~? Assig. <TAS) Time A'f"f'. (TAR) Time Cl'('. <TCU R 775 05 . 15 05 : 15 0"" .. 38 . ~¡ I S N U 0 C U C S 01 9250 A 02 927 't S I ,/ , '. , , !3un 05-07-95 St. j'oseph Police DepaTtment Time: 5:22 am Initial Complaint Reco'!'d C8se Numbe"r . 9500092'3 Date RepoTted: 05/07/95 . Repo'!'ted By: DOB: AddTess: Apt. ~ : Phone ~: City: State: Zip Code: D~.",nge'!' (Y/N): Complainant: SJ~ID DOB: Add '!' e s s : 25 1ST AVE. NW Apt. ": í-'hone H: E,12/3E,3-8250 City: ST. JOSEPH State: MN Zip Code: 56374 Da II 9 e'!' (Y/N): N Incident DescTiption: NOI SE COI'1PLAINT OF LOUD MUSIC COMING FROM 105 W. ASH ST. WAS 10-7 GETTING INTO MY VEHICLE WHEN COUNTY GOT THE CALL. I COULD CLEARLY HEAR, WORD FOR WORD THE MUSIC AND MALE HOLLAFnNG. WROTE MATTHEW DAVID DOOLEY 10-08-72. VERY 10-57. Squad/Badl~e "s: '775 Addt'l Re pO'f'ts : Yes PToteC'ted : No F':cv'd By: 775 Day: SUN Date Committed: 05/07/'35 Time Committed: 05 : 14 ¡'less. I'~~:)y Cont;To 1 ¡'-Il\ )) beT ( OCA) Cont. AIJ'?ììcy NCIC Ident. (CAG) I ECI '35000'32'3 MN073110Ø D "" te Re po'!'ted (RPD) Tim e R (-? P () '!' t e d <TRP) Locè\tioìì GTid N Uf¡) be'!' ( L Gf~ ) 05/07/95 05 : 14 P12lce Committed (I:'LC> ~ 105 W ASH ST HI:::D Sql\ad/Badge " (SBI'D Time Assig. <TAS) Time A·I~T. <TAR) Time ClT. <TCU R 775 05 : 15 05 : 15 05 : 38 I S N U 0 C U C S 01 '3250 A 02 '3274 S I ST. JOSEPH POLICE DEPARTMENT . . SUPPLEMENTARY REPORT ~ ICR» 95000931 ---------------------------------------------~------------------------- COMPLAINANT: ST JOSEPH POLICE DEPARTMENT . .. -.-.'-; -------------------------------------------------------------------------- OFFENSE: NOISE VIOLATION -------------------------------------------------------------------------- AT APPROXIMATELY 0510 HOURS ON SUNDAY, l'1AY 7, 1995 WHILE JUST GOING OFF DUTY, I HEARD VERY LOUD MUSIC COMING FROM 105 WEST ASH STREET IN THE CITY OF ST JOSEPH. THE MUSIC WAS VERY CLEAR FROM OUR PARKING LOT BEHIND THE POLICE DEPARTMENT WHICH IS APPROXIMATELY ONE HALF BLOCK SOUTH OF ASH ST. AT APPROXIMATELY THE SAME TIME I HEARD SGT. SCHWEGAL BEING DISPATCHED TO 105 WASH ST IN THE CITY OF ST JOSEPH ON A LOUD MUSIC COMPLAINT. I THEN ADVISED DISPATCH THAT I WAS STILL IN OUR CITY, COULD IN FACT HEAR THE MUSIC AND THAT I WOULD RESPOND TO THE COMPLAINT. AT APPROXIMATELY 0515 HOURS, SAME DATE I ARRIVED AT 105 W ASH STREET. AS I APPROACHED THE RESIDENCE I COULD HEAR VOICES OF WHAT APPEARED TO BE SEVERAL PEOPLE INSIDE OF THE RESIDENCE. AS I WALKED AROUND THE WEST SIDE OF THE HOUSE 1 FOUND THREE MALES SITTING ON THE TAIL GATE OF A VEHICLE, TWO OF WHICH IDENTIFIED THEMSELVES AS RENTERS. I IDENTIFIED SAMUEL THOMAS RASURE 10-23-72 BY HIS COLORADO DRIVER LICENSE AND MATTHEW DAVID DOOLEY 10-08-72 BY HIS MINNESOTA DRIVER LICENSE. I EXPLAINED TO THEM THAT I WAS CALLED THERE ON A LOUD MUSIC COMPLAINT. THEY STATED THEY WERE JUST PLAYING SOME MUSIC. WHEN ASKED IF IT HAD COME FROM THE VEHICLE IN WHICH ,Y WERE SITTING ON, THEY SAID YES. I ALSO ADVISED THEM THAT I HEAF<D A .E YELLING. THEY SAID NOTHING. BOTH RASURE AND DOOLEY WERE DRINKING N I APPROACHED AND SEEMED VERY INTOXICATED AS I SPOKE TO THEM. I THEN HAD THEM WALK TO MY PATROL CAR WERE I ISSUED AND EXPLAINED A CITATION TO BOTH OF THEM FOR ~ì NOISE VIOLATIOt-l, ORD I '-1ANCE t* 102. THEY WEfŒ UPSET STATING THAT THEY WERE JUST PARTYING, AND DID NOT MEAN TO WAKE ANY NEIGHBOHS. I ADVISED THEM THAT THEY WOULD BE GETTING A NOISE VIOLATION ALONG WITH THE CITATIONS. WE THEN EXITED MY PATROL CAR AND RETURNED TO THE SIDE OF THE HOUSE WERE I OBSEHVED TWO KEGS SITTING IN PLAIN VIEW ON THE PORCH. I ADVISED BOTH OF THE ONE KEG ORDINANCE IN ST JOSEPH. THEY STATED THEY KNEW OF IT. I ADVISED THEM OF THE POSSIBLE ADDITIONAL FINES THEY COULD BE GETTING, HOWEVER I TOLD THEM IF THEY WOULD TURN OVER ALL KEGS ON THE PREMISES WITHOUT ARGUMENT THEY WOULD RECEIVE A VERBAL WARNING FOR THAT OFFENSE. THEY TURNED OVER-THREE KEGS THAT WERE RETURNED TO OUR OFFICE AND PLACED INTO EVIDENCE. OFFICER BRIAN KLINEFELTER ST. JOSEPH POLICE DEPAR-MENT ~ I 0-- ___ < 1'. I PSFom,' 3800, JurÌe 1990.>"< ".' "c' '-,' ,',' c', ,I :D rn () rn "~' ',.'~ .' ,.,. .. ~ .. .. ~~ . ..- .. ~ __: 1"~""'L :J - ," _ _.. .c. -... ,it ~,.! '05 ~¡, ,7_J~ __< ',q: ,,~ e, î ". . 1.1,: eX!'. < :;;~ (~ Cñ 0 Z ("), 9" :< jl æ ~ ~ ~ ;~ "6' " '- JJ ,o,,:J ;::¡. ·tr I .. <P--~ -. ;I.n <c...,-ft,", g; ,* g¡ ¡:þ' ¡; rn ....;0... UJ , <P ° <P .......D ! ~....(')" ' :; ° ::aru ;-<C) 3 ~ = ~ Q) Q) 6' r.g ::0 I.n :J¡¡~ ru _ ~an .". ~~~ ,,- _ ~g."'C a. _, ------- ----~----~ .' ____ u.____.__y____ __n" u___ 'u__ 1 PS Form 38,,00, June 1990 :D rn 0 rn ~ g g -g 0 Q si _ - 0 -- .....~ '-~ [ ë: is' Õ ~al . ~ g,oQ. -ãš ! '" . . :0 = ~ ~ . .... C> < 0 . ..... ~ z ~ (ñOZ(") ~ ~ mOo~ ~ ;!' .. <P~~;::¡. tr I C> ~ C ~. ~ l.n < (¡) Q) -. ~tD:J~ rn _'" Q. w ~Q m ...c :;b>~ ru ;-<C) -, CD _. :J @ - -.,J -:;- ê-, r.g::o tr ~ ~ g¡¡~ ...c " II> .... n N ~~,~ ~~-ë' a. _ I ------'.-- , ~ - -- -- - n ~ - -- I PS Form 3800, June 1990 ¡ '8 :Drno i â .-8 a¡ ~ g> ~ ¡ 0> ' 5: !J, ;: -" ~i I ! ;. ~ ~ &: ~ $š Î Q ~~ci' 9Ê Q < 0 1'",.... ... f ~ ~~ ~ ~ -< ~ (ñ~Z(") ~ '" æ:J~~ --.J '" JJ£~~ IT mc~:::¡';Lr1 ;¡¡ rn II> -. ~m:J(Ð ~õ£Q. w ~~b>~ ~ I ;-<Q) ..., CD _. ~cÆ - ~ g- m ::0 I.n c J' r :J¡¡(Ð W \ ~ò(") ~s, ~ II> a. -. ,::; m "'C a. ... ./ ~ STATE OF , t !};:[J~œ~©u~ . DEPARTMENT· OF NATURAL RESOURCES September 9, 1993 PHONE NO. DIVISION OF FORESTRY FILE NO, FIRE CHIEFS,: COUNTIES, XUNICIPALITIES, AND OTHER COOPERATORS REGARDING: OPEN BURNING REGULATION CHANGE NOTICE Effective August 1, 1993, the DNR - Division of Forestry will be the sole authority regulating open burning in Minnesota. During the last legislative session (1992-1993) Minnesota Forestry Statutes (MS 88.01-88.22 and 88.75, 88.76) were updated and revised to incorporate the MPCA air quality open burn regulations. This included fire department structure fire training and permanent burn site regulations. Only certified DliR forest officers and commissioned State Fire wardens will be allowed to issue open burn permits after August 1, 1993, statewide. For those fire chiefs, local fire marshals, or other designated persons who were previously MPCA approved~ they must now be commissioned as state fire wardens in order to retain their open burn permit issuing authority. It will be our policy to train and certify those persons, counties, or municipalities desiring'to regulate the burning in their area jurisdiction. Since this process will take some time, DNR is extending the MPCA delegated authority through November 30, 1993 or until DNR can recommission those authorities that wish to continue issuing permits. tlÞe main points that fire chiefs and local governments should be aware of as . lows: 1. The Minnesota open burn permit is required statewide, except when the ground is snow covered. This applies to municipalities as well. Permits can be issued for vegetative fuels only. If permits are to be required when the ground is snow covered, or year round, then local ordinance must be initiated. 2. Permits are not required for campfires. This is not new, but it should be noted the new definition is the same as the former MPCA's recreational fire definition. Local ordinance is required to prohibit campfires. 3. Burners (formerly called burn barrels) - allowed statewide for vegetative fuels only. New burning hours established 6:00 p.m. to 8:00 a.m. Local ordinance is required to prohibit burners. 4. Law enforcement - the former MPCA regulations have been incorporated into Forestry statutes. This means that citations may be written by forest officers, conservation officers, and all other peace officers. A bail schedule is in the process of development. This allows for citations to be issued directly as per officer discretion on site for any burning fire violation that may occur in your area of jurisdiction. . Page 1 of 2 AN EQUAL OPPORTUNITY EMPLOYER a research memo for city officials 436C.1 March 1994 pen burning in cities LL. League of Minnesota Cities II .111 .. __I . ~ .' © 1994 League of Minnesota Cities All rights reserved Printed in the United States of America . 1ßi1IS League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 . l-XOO-925-1122 plus your city code TOO: (612) 490-9038 Fax: (612) 490-0072 , ~ State and Local Regulation 4. When the ground is not snow-covered, fires to . burn dried vegetative materials and other State regulation materials allowed by law in a burner of a design which has been approved by the com- In 1993 the Legislature revised the open burning missioner. There can be no combustible materi- law. Under the new statute the permitting authority als within five feet of the base of the burner is the Minnesota Department of Natural Resources and the burner can only be used during the (DNR), instead of the Minnesota Pollution Control hours of 6:00 p.m. to 8:00 a.m. When the Agency (MPCA). Consequently, the MPCA's rules ground is snow-covered these materials could codified as Minn. Rules 7005.0705 to 7005.0805 be burned at any time without a permit based have been repealed. At this time the DNR does not on Exception 1 above. plan to adopt any new rules. A permit is required to burn vegetative material Open burning or open fire is the burning of any and other materials allowed by law if the ground is matter whereby the resulting combustion products not snow-covered and the conditions set out in are emitted directly to the atmosphere without Exception 4 above are not met. Minn. Stat 88.17, subd passing through a stack, duct, or chimney. Minn. 1. The only other materials allowed by law are Stat. 88.01, subd. 23. Open burning is unlawful household garbage and solid waste from farming without the written permission of the commis- operations. These materials can only be burned sioner of natural resources, a forest officer, or an under certain conditions which are discussed later authorized fire warden. Minn. Stat. 88.16, subd. 1. The in this memo. The permit must set the time and commissioner may appoint local government conditions for starting and burning the fire. It must . officials, authorized Minnesota pollution control also list all the materials which may be burned agents, fire chiefs, or other responsible persons to under the permit. The permittee must have the be fire wardens in their respective districts. Minn. permit on his or her person at all times and must Stat. 88.18. remain with the fire until it is completely extin- guished. The permit must be given to a forest There are four exceptions to this permit require- officer, fire warden, or other peace officer when ment listed in Minn. Stat. 88.16, subd. 2: requested for inspection. Id. 1. Open fires started when the ground is snow- Violating or exceeding the permit conditions is a covered. The ground is considered snow- misdemeanor and cause for revocation of the covered when the snow is at least three inches permit. No person may start or cause a fire to be deep and is unbroken surrounding the fire for started on any land that is not owned by them or an area sufficient to keep the fire from spread- under their legal control without the written per- ing. Minn. Stat. 88.01, subd. 26. mission of the owner or lessee of the land, even if 2. Campfires. A campfire is a fire set for cooking, they have obtained a permit from the commis- warming, or ceremonial purposes, which is not sioner or other authority. Id. more than three feet in diameter by three feet high and the ground surrounding the fire has A permit is required even when the ground is been cleared of all combustible material for snow-covered to start fires for tire training or for five feet from the base of the fire. Minn. Stat. the operation of a permanent trce and hrush hurn- 88.01, subd. 25. ing site. Minn. Stat. 88.17, subd, 3. A pcrmillo start a . 3. Fires contained in charcoal grills, camp stoves, fire for the instruction and training 01" lïrdighlcrs, or other devices designed for the purpose of including liquid fuels training, may be given by cooking or heating. the commissioner or an agent of the commissioner. , Minn. Stat. 88.17, subd, 3(a). An agent of the commis- plastics, and chemically treated materials. Also, sioner includes forest officers but not fire wardens. prohibited is any material which produces exces- · sive or noxious smoke including, but not limited Owners or operators conducting open burning for to, tires, railroad ties, chemically treated lumber, the purpose of instruction and training of composite shingles, tar paper, insulation, composi- firefighters with regard to structures must follow tion board, sheetrock, wiring, paint, or paint filters. the techniques described in Structural Burn Train- Minn, Stat. 88,171, subd, 2. Open burning of hazardous ¡ng Procedures for the Minnesota Technical Col- waste, industrial solid waste, demolition debris, or lege System. Id. To ohtain a copy of this publica- motor vehicles is also prohibited. Minn. Stat. 88.171, lion contact the F.I.R.E, Center at 550 Cedar subds, 3·5 and 7. Demolition debris is burnable Street, St. Paul, Minnesota 55101 or call 612-296- building material generated from the demolition of 6516. These techniques need not be followed by commercial or institutional structures. A farm owners or operators conducting fire training in building is not considered a commercial building. specialized industrial settings pursuant to appli- Minn. Stat. 88.171, subd. 5. Salvage operations by cable federal, state, or local standards. Id. open burning are also prohibited. Minn. Stat. 88.171, subd. 6. Applicants for a permanent tree and brush open burning site permit must submit completed appli- Garbage may not be burned in the open either. cations to the commissioner 90 days before the site Garbage is discarded material resulting from is proposed to begin operation. Those permanent handling, processing, storage, preparation, serving tree and brush burning sites in existence at the or consumption of food. Minn, Stat. 88,171, subd. 8(a). time the new 1993 statute was passed were to have There are two exceptions to this prohibition. The submitted an application for a permit within 90 first exception is for individual residents that the · days of the passage of the statute. The application county board determines by resolution do not have forms are provided by the commissioner and must regularly scheduled pickup available. The garbage include the name, address, and telephone numbers must only be what is generated from the resident's of all owners and operators of the proposed site; a household. Minn. Stat. 88.171, subd. 8(b). general description of the materials to be burned, including the source and estimated quantity; and a The other exception is for the burning of solid topographic map of the site and surrounding area waste generated by a person who owns or operates within a one mile radius showing all structures that a farm. This exception only applies to the might be affected by the operation of the site. Minn. individual's household waste or waste generated Stat. 88.17, subd. 3(b). from farming operations. This exception applies unless the county board has determined by resolu- The statute indicates that the map is necessary for tion that regularly scheduled pickup of solid waste a one mile circumference, however, this terminol- is reasonably available where the farm is located. ogy is not appropriate and the DNR will require a Minn, Stat. 17.135. These exceptions do not permit map of one mile radius. The location of the site the individuals to burn any other prohibited matc- must not create a nuisance or endanger water rials and they must be in compliance with the quality. Only trees, tree trimmings, or brush that requirements of Minn. Stat, 88.16, subd. 2(d) and 88,17, cannot he disposed of by chipping, composting, or subd, 1. other method are permitted to be burned at the site. Id. In addition to these prohibitions, fires must not be allowed to smolder with no flame present. Minn. · Several materials are completely prohibited from Stat. 88.171, subd. 10. Also, no person shall conduct, being burned in the open at all times of the year. cause, or permit open burning during a burning Minn, Stat. 88.171, subd, 1. They are oils, rubber, ban put into effect by a local authority, county, or ) . state agency. Minn. Stat. 88.171, subd. 9. The commis- start and is not immediately extinguished he fore sioner may invoke a hurning han when he deter- the lïre endangers or causes damage to the prop- mines that it is nccessary to prevcnt wildfircs. crly of another person or Ihe stale is guilty of" a During such a ban the commissioner can suspend misdemeanor. Minn. Stat. 88.195, subd. 4. In additioll, issuance of permits for open fires, revoke or any person who operates a vehicle in a wildtïre suspend the operation of a permit previously area when the ground is not snow-covered with an issued, and prohibit all or some kinds of open fires open exhaust cut-out, without a muffler, without a in the area. Minn. Stat. 88.22, subd. 1 (b). Any violation catalytic converter if required, or without a spark of the burning ban is a misdemeanor. Minn. Stat. arrestor on the exhaust pipe is guilty of a misde- 88.22, subd. 3. meanor. Minn. Stat. 88.195, subd. 5. The statute also defines several other acts or Every county with any tract of 1,000 or more omissions which could result in criminal prosecu- contiguous acres of trees, brush, grasslands, or tion. It requires the occupant of any property other vegetative material where the potential for where any unauthorized fire is burning, regardless wildfire exists is a wildfire area; Minn. Stat. 88.01, of who started the fire, to promptly report the fire subd. 6, Under this definition, every county in the to the nearest forestry oftïce or fire department. state is a wildfire area. It is also a misdemeanor for Minn. Stat. 88.16, subd. 3. Failure to make this report any person to operate a tractor, chainsaw, or other is a misdemeanor and the occupant of the premises combustion engine not equipped to prevent fires. is prima facie guilty of negligence if the unre- Minn. Stat. 88.195, subd. 5. ported fire spreads from the property or causes . damage, loss, or injury to another person, another Local regulation person's property, or the state. Minn. Stat. 88.16, subd. 3. Prima facie guilt is a presumption of guilt A local government may adopt an ordinance which which can be rebutted with sufficient evidence to is more restrictive than the state statutes so long as the contrary. the ordinance does not contradict any statute. For instance a local government may further restrict Any person who starts a fire and fails to control or the hours of open burning or the materials which extinguish it before the fire endangers or causes may be burned. However, a local government damage to the property of another person or the could not allow burning when the state statutes state is guilty of a misdemeanor. Minn. Stat. 88.195, prohibit it. subd. 1. Any person who has a burning permit and fails to keep the permitted fire contained within the Additionally, if a county adopts more restrictive area described on the permit or fails to keep the standards than the state, cities and townships fire restricted to the materials specifically listed on within that county would be required to enforce the permit is also guilty of a misdemeanor. Minn. the more restrictive standards. A city may adopt a Stat. 88.195, subd. 2. It is a misdemeanor to care- more restrictive open burning ordinance than the lessly or negligently start a fire that endangers or state or the county. Even if a city has no ordinance, causes damage to the property of another person or local police officers and other city officials are the state. Minn. Stat. 88.195, subd. 3. obligated to enforce the state open burning law or the county ordinance if it is more restrictive. Any person who participates in an act involving . careless or negligent use of motor vehicles, other Most of the regulations that a city may wish to internal combustion engines, firearms with tracers adopt on open burning are found in the state or combustible wads, fireworks, smoking materi- statutes. Consequently, many cities adopt the state als, electric fences, torches, flares, or other burning statutes by reference or set out the pertinent por- or smoldering substances which causes a fire to tions of the state statutes in a local ordinance and ( attach a penalty for violation. In addition, a local required under Minn, Stat. 88.17, sUbd, 1, unless the .' ordinance ought to identify the local permit- leaves were burned in an approved burner or the issuing authority. A city fire chief or other city ground was snow-covered. The city could further official can contact the nearest forestry office to restrict the open burning of leaves by only allow- become commissioned as a fire warden. Minn. Stat. ing it during certain months if the council deter- 88.18. Sometimes it may not be convenient for the mined this was necessary. fire chief to be the fire warden if the chief is a volunteer and not readily available during business Overall, the need for local regulation of open hours. burning has decreased significantly with the passage of the new statute. The most efficient way In the past cities outside the Twin Cities metropoli- for a city to be involved in the enforcement of the tan area had the authority to adopt a local ordi- open burning restrictions is to have a city official !lance to allow open burning of dried leaves commissioned as a fire warden. However, all cities bel ween September \5 and December \. Minn. Stat. should evaluate their current ordinances and make 116.082. Cities still have this authority, however, it changes to reflect the changes in the state statutes. is subject to the requirements set out above under Also, city councils should make a determination state regulation. Consequently, it is not necessary concerning whether additional restrictions on open under the new state law for a city to pass this type burning are necessary within their city. of an ordinance because a permit would still be . . JT: 1Ia 4/94 ~ "k , V RAJKOWSKI HANSMEIER LTD. . AftOT1Il'!/S at Lau' Reply to: st. Cloud May 9, 1995 ST. CLOUD ]] Se\"enth A venue North P.O. Box 1433 Ms. Rachel Stapleton st. Joseph City Clerk St. Cloud. MN 56302-1433 P.O. Box 668 612-251-1035 st. Joseph, MN 56374 800'4-15'9617 FAX 612'251'5896 RE: Ordinance 52.13 Our File No. 16,397 MINNEAPOLIS Dear Rachel: 2904 Plaza VII -15 South Seventh Street It is my understanding that you have received a copy of Minneapolis, MN 55402-1620 Joe Bettendorf's letter dated April 24, 1995. Based upon Joe's recommendation, I redrafted the proposed 612·339·9206 Amendment to Ordinance 52.13 dealing with parking lot 800'4-15'9617 standards. I have prepared this Amendment to allow FAX 612'251'5896 recycled bituminous or concrete only if it conforms with the requirements of Mn/DOT Specification 3138 as set forth by Joe. I have included language providing . that the parking lot standards for an industrial use may be subject to modification as contained within the FRANK]. RA/KOWSKI * conditional use permit. It is my concern that there COR DO!'! H. HANSMEIER may be some industrial uses where concrete or asphalt FREDERICK L. GRUNKE surfaces may be impractical because of the size of the THOMAS G, JOVANOVICH area used for truck parking, loading, etc. , or because JOHN H. SCHERER of the activity which occurs on the surfaces. These circumstances can be looked at on a case-by-case basis PAUL A. RA/KOWSKl at the time the conditional use permit is granted. KEVIN F. GRAY WILLIAM]. CASHMAN Joe pointed out that there are some streets and alleys DAVID T. SHAY which may not be paved. This Ordinance would not apply RICHARD W. SOBALVARRO to those streets and alleys. It applies only to MICHAEL c. RA/KOWSKI parking lots. Joe also raised the issue of the church parking lot at the corner of College and Minnesota. I believe that this is a very real concern which should be addressed [AMES H. KELLY, M,D" F.A.C.P. with the church before taking any additional action MEDICAL CONSULTANT with regard to this Ordinance. Alternatively, we could specify that the surface requirements of the Ordinance GoRDO:'\ H. HA......S~1EIER IS ADMllTED TO PRACTICE be subject to a grandfather provision with regard to 1:'\ NORTH DAKor A AND WISCONSIN, P AVL A. RAJKOWSKf IN WISCONSIN any parking lots existing at the time of the Amendment, A:"\D \^lJLLlAM J. CASHMAN IN SoUTH DAKOTA. but at any time a building permit is requested for the '* MnfBER OF AMERICAN property in question, at that time, the parking lot . BOARD OF TRIAL ADVOCATES. must be brought into compliance with the provisions of the parking lot standards, including paving as needed. ~ ..- ~ I Ms. Rachel Stapleton · May 9, 1995 Page -2- Rachel, why don't you give me a call after you have had a chance to review this Amendment so that we can discuss these issues further. Thank you. Very truly yours, RAJKOWSKI HANSMEIER LTD. JHSjbaz Enclosure L:\gen\16397\af050995,012 · · .." ~ ,. ~ , . · AMENDMENT TO ORDINANCE 52.13 The city council for the City of st. Joseph hereby ordains: That Section 52.13, Subd. 5 of the st. Joseph Code of Ordinances is hereby amended by the recision of that subdivision and enacting the following section 52.13, Subd. 5 in its place: Subd. 5: Parkinq Lot Standards. In all districts where off-street parking lots are permitted or required such off- street parking shall be constructed and maintained subject to the following regulations: a) Adequate ingress and egress shall be provided. b) Such parking lots shall be £ªn§j~Ç@ªªmªiª maintained in a useable con'ãt£"ì'Oí1'·;"·'·'·"wt£h·'·'·"g·""hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and · ;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:::;:;:;:::;:;:;:;:::;:;:;:;:;:;:;:;:;:::::;:::::;:;=::;:;:;:;:;:;:;:::;:;::::::;:::;:::;:;:::::;:::;:::;:;:::;:;:;:;:;:;:;:;:;:;:;: c) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. d) Necessary curbs or other protections against damages to adjoining properties, streets and sidewalks shall be provided and maintained. e) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. These standards shall not be applicable to parking provided for single family or two family residences. œ¡ñmffi11g¡¡¡¡¡iI,Rj$ Î¥:Êf.1Êm;Ê5§:::¡::¡lgÊ:¡¡¡:¡æH~âmÊÊ~;lffi¡:¡::¡:iiΧ::::¡¡Î~¥:::::¡~Ρ::¡:~HIª:;:êÊ¡:¡¡¡É:8¡¡::¡:ma:i:#:æ:8~æl.';8m::¡::::R~ · ~Æ~¡¡¡¡:ê;Bnf!æmffiftÎ~il:iii¡!~l.~¡iii;iRw.,œæm¡¡¡¡¡i¡#gE¡¡¡¡¡:¡Mßm¡¡¡¡i¡æ,Ê~~i*:#:i;g¡¡:¡:¡¡æmHi~mg¡*:I~:¡¡¡¡¡il~~¡i¡¡ .. . - .,' ,... , This Ordinance Amendment is passed this ____ day of · , 1995, by the City Council for the City of st. Joseph. Clerk/Administrator Mayor N:\city\stjoe\af030295.251 · · . . ~ , . . V RAJKOWsKI HANS MEIER LTD. Attorneys at Law Reply to: st. Cloud ST. CLOUD May 9, 1995 11 Seventh Avenue North P.O. Box 1433 Ms. Rachel stapleton 51. Cloud. MN 56302-1433 st. Joseph City Clerk 612'251'1055 City Hall 800·H5·9617 P.o. Box 668 FAX 612'251'5896 st. Joseph, MN 56374 RE: Keg Ordinance MINNEAPOLIS Our File No. 16,397 2904 Plaza VII 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 I have had an opportunity to review the Minutes from 612'339'9206 the City Council meeting where the proposed Keg 800'445'9617 Ordinance was discussed. I have also had an FAX 612'251'5896 opportunity to discuss the st. Cloud Keg Ordinance with . one of the st. Cloud prosecuting attorneys. Over all, the st. Cloud city Attorney's office feels that the Keg Ordinance has been beneficial. st. FRANK J. RAIKOW5KI . Cloud's Ordinance is limited to residential areas. GORDON H. HAN5ME/ER Obviously, it was targeted for the st. Cloud state FREDERICK L. GRUNKE Campus Area. They feel that the number of parties in THOMAS G. JOVANOVICH that area is down significantly. The parties that fOHN H. SCHERER still occur have "gone underground". They still may be going on, but there is little noise and damage to the PAUL A. RIIIKDtv5KI neighborhood. Large parties are a thing of the past. KEl'I.Y F. GRA!- As with our Ordinance, they require the permission of WILLIAM J, CASH.\IAN the landlord before a keg permit can be issued. This DAl'lP T. SH.W has discouraged many parties since landlords will not RICHARD W. SOPAU'ARRO sign the application. MICHAEL c. RAIKOW5KI I asked them if they have had any problems with the ordinance. The major problem they have had is the inability to enter premises without a search warrant. Although most students allow the police to come in when !A.\/ES H. Kw.!. .\1.0., F.A,C.P. they come to the door, over time some of the more ~ffDIc.-\L GoY'v'l l L\:'\T sophisticated students will no longer open the door GOROO~ H. H.\:\S:\fE!ER IS .-\()\IlTTEO TO PRACTICE knowing that the police cannot enter without a warrant. IS :\ORTII DAKOTA :\-'0 \\'ISCOSSI~, The police department has addressed that problem by r Al-L A. R-\IKO\V'1KI I' \ VI5<-"0:\"51:'\ having warrants on their computer so that blanks are .-\.'\"o \\'I'-IJ..\.\II. C-\..SII.\I \_, I., S\.X..ìH DA.¡":OTr\. filled in and a warrant printed within minutes. The . . \ 1BIBER l 'f :\\n:RIC.-\S officers stop by a judge's residence, have the warrant ßt HRD OF TRI.-\!. Ao\-~ x..-.-\ fES. signed and then go to the premises. securing a warrant would not be as convenient for our officers. Ms. Rachel Stapleton May 9, 1995 Page -2- 4IÞ I asked if the City has received complaints from residents in non-student areas with regard to the inconvenience of having to secure a permit before having a keg. They have not had any complaints of that nature. I inquired as to how they inform students of the existence of the Keg Ordinance. I was told that the city has prepared a brochure to be distributed to the st. Cloud state students at the time of orientation which sets forth any local ordinances affecting the students, including the Keg Ordinance. In the past, I have put together a list of ordinances of this nature and provided the list to st. John's to include in their student information publication. This is a source that we could continue to use, along with the local access cable television available on the campuses. I would like to address some of the comments outlined in the Minutes from the meeting where this issue was discussed. I agree with Ross Rieke's suggestion to reduce the time for the application for a permit. One working day is probably sufficient. I do not see why more time than that is necessary. As per Brad's request, I have added a section making it illegal to falsify any information on the application. There was also a concern expressed that liquor establishments may 4IÞ be perceived as an enforcing agent. Therefore, on the attached redraft, I have removed language from the Ordinance requiring the liquor establishments to post notice of the provisions of the Keg Ordinance. There should be no negative effect on the local liquor business. I do not believe that the concerns of the Ordinance will result in more out-of-town parties and driving after drinking are significant. At the present time, I assume that most people attending parties in st. Joseph are driving from the st. John's campus or elsewhere. Hopefully, the ordinance will cut down overall alcohol use and driving after excessive drinking. There are also some questions raised as to the rights of the police to enter onto a premise for the purpose of searching for and seizing kegs. As I indicated earlier, the police do not have the right to enter property unless permitted by the owner or tenant of the property, or where the officer is in possession of a valid warrant. This places restrictions on the ability of the police to fully enforce the Ordinance. On the other hand, it also offers protection to the residents of the City with regard to unreasonable searches or harassment. This strikes a balance between the interests of the City to enforce the Ordinance and the interests of residents in privacy. There was also concern expressed with regard to confiscated kegs 4IÞ and tappers. I believe that the City should allow the liquor stores to repurchase kegs and tappers after confiscation at a V , ~ Ms. Rachel Stapleton . May 9, 1995 Page -3- reduced cost. The liquor establishments are asking for a cash deposit on kegs and tappers. The deposit amount could be used to repurchase the kegs and tappers from the Police Department. Money generated for the Police Department could be used for additional liquor enforcement, could be used to help finance the DARE program, or could be used by the CORE Committee to help educate students in the area of local ordinances and enforcement. Finally, there were also questions raised as to larger parties, such as a catered wedding reception at someone's home, wedding anniversary, graduation party, family reunion or something of that nature. Although I did not include a provision within the redrafted Ordinance contained with this letter, I believe that we could include an exception to the one keg rule which would allow the City Council to issue a special multi-keg permit for specific types of gatherings or gatherings held in specific areas, such as at a rented party room or reception hall, at a commercial business or limited to special hours. Alternatively, the Ordinance could be amended to remove the one keg limit except for parties on leased premises, either in an apartment or a rental house. There would be no keg limit for parties at other properties, but the permitting application would still apply to all parties. 4IÞ Finally, someone raised the question of the small keg in the refrigerator on a continuous basis. I suppose we could look at a special permitting process for this circumstance if it becomes an issue. That permit would limit consumption from the keg to the personal use of the household or unlimited number of guests. Rachel, it may be a good idea for me to come to a City council meeting sometime in the future to specifically discuss this Ordinance and some of these questions before I begin any further redrafts of the Ordinance. I believe that the questions raised at the meeting were excellent and valid. This type of discussion results in a much better ordinance which can be enforced for the benefit of all. Very truly yours, RAJKOWSKI HANSMEIER LTD. H. Scherer JHS/baz . L:IgenI16397Iaf050995.011 T AMENDMENT TO ORDINANCE 74 · AN ORDINANCE LIMITING POSSESSION OF CERTAIN CONTAINERS OF MALT LIQUOR OR 3.2 PERCENT MALT LIQUOR (KEGS) The City Council of the City of st. Joseph hereby Ordains: That Ordinance 74 of the Code of Ordinances is hereby rescinded and the following Ordinance enacted in its place: section 74.1: DEFINITIONS. For the purpose of this section the following definitions shall apply: "Malt Liquor" - Beer, ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Kegs" - containers designed for and capable of hOlding malt liquor or 3.2 percent malt liquor to be dispensed from a tapper. "3 . 2 Percent Malt Liquor" - Malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent of alcohol by weight. section 74.2: POSSESSION OF KEGS BY INDIVIDUAL. No more · than one keg capable of containing up to sixteen (16) Gallons of malt liquor or 3.2 percent malt liquor may be possessed by any person within the City of st. Joseph. section 74.3: LOCATION OF KEGS ON PROPERTY UNIT. No more than one keg capable of containing up to sixteen (16) gallons of malt liquor or 3.2 percent malt liquor may be located on a single property unit within the City of st. Joseph. For purposes of this section, a single property unit shall be defined as a contiguous parcel of real property with common ownership, except in the case of real property which is leased to multiple individuals or entities, in which case each area rented by separate written or oral lease shall be considered a single property unit. section 74.4: KEG PERMIT. Subd. 1: No person shall dispense malt liquor or 3.2 percent malt liquor from a keg for consumption or possess a keg within the City of st. Joseph unless first acquiring a permit from the City Clerk. Subd. 2: Th~....ë:lPP.~..~<::.~:t::~'<:>.f.l..p~.<:>r a permit shall be submitted at least ocvcn dClY:::; ºtH~r::ÞW$\t:hgffi.:ªm:gªy prior to its effective date and · shall be on a form""'šÚþpT':t'éa""BY""'the city Clerk which shall contain the following: , ~ . a) Name and address of applicant. b) Date on which malt liquor or 3.2 percent malt liquor will be dispensed. c) Location at which it will be dispensed. d) The name and signature of the owner(s) of the property at which it will be dispensed stating that the owner has granted permission to the possession of the keg at the property. Subd. 3: The permit shall be limited to the period and location stated on the application. The permit is not transferrable. A permit shall be effective for a consecutive 24 hour period as stated on the application. Subd. 4: A permit fee in the amount of $3.00 shall be paid to the Clerk upon application for the permit. This fee shall be applied to the cost of administering this ordinance. . section f405 @~@ª: CONTROLLER OF PROPERTY LIABLE. For purposes of Sections=14.3 and 74.4 herein, the person in control of the property unit shall be held responsible for a violation. For purposes of this section, ownership of property is prima facia evidence of control; except in the care of rental property, in which case tenant's leasehold interest shall be prima facia evidence of control. £ection 74.6: DUTY OF LICENSED LIQUOR ESTABLISHMENT. Each liquor eot~bliohment loc~ted in the City of st. Jooeph ~nd offering for Gale J'cgG containing m~l t liquor or 3. 2 percent malt liquor for conoumption off premiDcD, Dhall, ~D a condition of Daid licenGe, poot in ~ conopicuous location ~ithin fivc (5) fcct of thc chcc], out location in thc cDtabliDhmcnt, ~ noticc providcd by the £t. JODeph rolicc Department regarding thc provioiono of thia ordinancc. licen;:~t~~ns~iiœ@~w¡~g~~¡i~¡ªiillmih~~iªí¡~i®!"'æ"~~rP~~m~~;s percent mal t liqiiõ"F··"'Ühd-e·f"·······âiiy·······þ·rovI'åfõii"'·'·''61:·"···"state law or local ordinance are specifically exempted from the provisions of this ordinance with respect to acti vi ties ~g.~~,~,~,~:r?:g.....~~..,.<?.~....~.pon the ~Éåh~:~:奣~£:Jið~:i£~ri~¥s.i~æåü$ffibh:PI ies::g:::::IfÆÊ::JaM;fj:PUg¡:¡:¡:ffiâlffi}îffi . ::;:::::::::::::;:::::,:::::,:::::::,J;t::::,:::::,:,::i:::::,:::::,:;:::,:,:::,:::::,:::,:::::,:,:::::,:::,:,:::::::::::::::,:::::,:,::::::::i:,:::::,:::,:,:::::,::::,:::::,:,:::,:::,:::::;;:,:,;c:,i:,:,:::,:,:::::,::: 2 , Section 74.8: PENALTIES. A violation of a provision of · this Ordinance shall be punishable as a misdemeanor. The st. Joseph Police Department is also authorizèd to seize kegs processed in violation of this Ordinance, and a conviction for a violation of this Ordinance shall act as a forfeiture of the keg by the violator. This Ordinance was passed by the City Council for the City of st. Joseph this ____ day of , 1995. Mayor Clerk/Administrator N:\city\stjoe\af070694.252 · · 3 - ~ ., .¡ ,J'J ~ - (612) 252-2177 ~ elœtdAtea Fax (612)'251-0081 - P.O. Box 1091 St. Cloud ECONOMIC DEVELOPMENT Minnesota PARTNERSHIP _56302 DATE: May 11, 1995 TO: IREG Members, Partnership Members, Development Companies FROM: Bill Fahrney SUBJECT: Prospect A local business owner who prefers to remain anonymous asked for our assistance ~ He is, planning to buy, along with other investors, -a manufaéturing company in Wisconsin and is considering moving it to the st. Cloud area. They wi¡l manufacture doors primarily for the Chiéago and upper midwest market. In order to compete with other cities, especially wisconsin, he has asked us to determine for him if a member of the Partnership would be interested to design, build and lease back a 60,000 square foot building. The former Forester Boat building in Sauk Rapids would t be an example of the type of building this manufacturer would need. This is primarily a metal-working business and would employ 40 people. Machinéry would- be installe_d to do - metal stamping especially but' also would do other kinds of metal fabrication. - . If you have an interest in this prospect or have an idea for us to pass on, _ please contact me at 252-2177 or fax me a preliminary proposal with the location in our region by May 19, 1995. The fax number is -251-0081. Thank you for considering this opportunity. - -- - , - . . " .../- ¡' ! · - ¡ ~ -; ,/,. --.----~ ~ ~/ Spring 1995 Minnesota Open Meeting Law -Christopher A. Lidstad, Esq. I f the importance to public officials in ing two AFSCME union local presidents, separate, unrelated, and inten- Minnesota of the state's Open sued the mayor of Hibbing and three tional violations, the statute Meeting Law was ever in doubt, after city council members, alleging that the mandates removal. The statute 1994 no such doubts can remain. In four public officials had repeatedly and does not require, nor do any public policy considerations nearly simultaneous actions last year, the intentionally violated the Open Meeting suggest, three separate adjudi- three branches of Minnesota state gov- Law by discussing city business, other cations, One adjudication of three separate, unrelated, and ernment strengthened the provisions of than labor negotiations, during several intentional violations IS suffi- the Open Meeting Law and heightened closed meetings, The Open Meeting ciem for removal under the its penalties. As a result, the "teeth" of Law expressly authorizes governmental statute, the Open Meeting Law now are sharper, bodies to close meetings to discuss labor One of the Court's objectives m · and it is clear those teeth can bite. negotiations, as long as that is all the Claude was to harmonize the Open The 1994 ,-JllIendment. The Minnesota body discusses. In their suit, the citizens Meeting Law with the state Constitution Legislature m late April passed an demanded that the officials be fined for and to clear up any apparent conflict. amendment to the Open Meeting Law, the violations and removed from office, Under the Minnesota Constitution, which became effective on July 1, 1994, That numerous violations of the Article 8, Section 5, the legislature may The 1994 amendment (1) increased the statute had occurred was never seriously pass laws providing for the removal of amount of the civil penalty courts can in doubt. The District Court, Court of local public officials only on grounds of levy against public officials for violating Appeals, and the Supreme Court all either "malfeasance or nonfeasance in the statute, (2) outlined how the defense found repeated violations by the mayor the performance of their duties," costs incurred by parties to an Open and other council members. The Claude Previous Supreme Court decisions have Meeting Law aerion are to be paid, and decision focused on whether and under defined "malfeasance" in terms of "evil (3) clarified the statute's mandatory what circumstances a court should conduct or an illegal deed," and similar removal pro\"ision (see page 4), Impose the penalties that the Open language. In the Claude case, wrote TIll' Olllllf¡, '. Co/Ii liS rll'l'isiol/. The ]\[eeting Law requires for repeated vio- Justice Page, the actions of the mayor Minnesota Supreme Court III 1994 lations, and how courts can do so with- and council members "did not rise to the became the !ìrst coun ever to use the out violating the Minnesota level of malfeasance," Open "'Ieeting Law's remol'al provision, Constitution, As the Supreme Court But the officials' conduct did consti- orderincr 111 Claude I'. Collins' the explained in Claude, tute "nonfeasance," according to the " remol'al from of1Ìce of three public of1Ì- The Open Ì\!eeting Law clearly Supreme Coun, SJJ1ce "nonfeasance" cials lèJr repeatedl~' and il1lel1lionalh' mandates a civil penalty not to does not imply "evil conduct" or the like. ,'iolating the stalllte. The Claude case exceed S I 00 tOI" a single occur- and includes "the neglect or retÌJsal. arose out of a Jabor dispute between the rence and removal from o/1ìce withour sut1ìcient do that lor three separate and unreIat- excuse, to · Hibbing Citl· Council and Hibbing citv ed violations of the law. , , , which is the ot1ìcer's legal duty to do," em plm·ees. ..\ grou p of citizens. inelue!- Once ;In oi1icial commits three Since the Open ;"Ieeting Law establishes ((Il/lil/l/l'rllll/ Pll[!t' l From the Practice Group Chair... page 2 I The Earth burners Case: Some Lessons on Land-Use Decisions page 3 i"1,nnesota Open Meeting Law: 1994 Amendment Highlights page 4 From the Practice Group Chair... conlinued fTOIIl page 1 Welcome to the first issue of Popham Haik's l'vlinnesota Open 'Meeting La\\' a duty for public oŒcials "to hold meet- In Hibbing, according to the Claude . Public La"\' LA\¡VGP,ú.!''L ïhe founders of our ings open to the public and to limit the decision, the mayor and one council firm viewed government representation as a subjects discussed in closed meetings," member who had violated the Open cornerstone of our law firm's practice. Wayne justice Page explained, a violation of Ì\leeting Law had considerable experi- Popham and Ray Haik. former public officials that statute, without "suŒcient excuse," ence in elective office, while another themselves. view government representation constitutes nonfeasance of duty, council member had attended an orien, as a continuing form of public service, ïhis justice Page did not attempt to iden- tation session about the statute, As a tradition has attracted exceptionally talented tifl' or define what circumstances might result, the Court ordered those three lawyers to our Public Law Practice Group constitute "sufftcient excuse," Instead, offtcials removed from oŒce for nonfea- precisely because they are motivated to the Court merely considered whether a sance, because "each, without excuse, serve public sector clients throughout the public official's good faith or ignorance engaged in at least three separate, inten- nation at the "cutting-edge" of legal practice. of the Open Meeting Law's requlre- tional, and unrelated violations of the ïhis LAVv'GRAM is an effort to continue the ments could excuse a violation, While Open Meeting Law, " Popham Haik tradition of service to the pub- concluding that good faith "is relevant to But the Court permitted a third lie sector: If you have any questions regarding the constitutional issue of whether viola- council member who had violated the the articles, or general comments on the tions amount to nonfeasance," the Court statute to remain in office, ruling that LA\¡VGRAM, please call me. (612) 334-2626 stopped short of holding that a public because he was new to politics and to his -Suesan Lea Pace, Esq, official's good faith will excuse a viola- seat on the City Council, he was too tion of the Open r.leeting Law, a hold- inexperienced to be held liable for non- Public Law ing that would have been inconsistent feasance of duty. 'Thus, although [the Practice Group Members: with the Court's prior decisions. inexperienced council member) violated ïhomas j, Barrett As for ignorance, the Court declared the law more than three times and Thomas K, Berg Pamela E. Bethel that ignorance of the Open Meeting under the statute is subject to removal, . Frederick C. Brown Law's requirements alone does not con- the constitution prohibits that result." Karen R. Cole Raymond A. Haik stitute either good faith or suffIcient The Lessolls of 199-1. The Claude decision Daniel D. Hill excuse, But ignorance born of inexperi- and the 1994 amendment to the Open Donald M, Lewis Bryan j, Leë.ry ence, justice Page wrote, might excuse a Meeting Law together offer some critical Christopher A, Lidstë.d Robert B. MacDonaid violation, "where the elected offIcial nei- lessons for public offtcials, including the Bruce D, Malkerson ther knows or has reason to know that following: Bruce L, McLellan Donaid R. McNeil he or she is violating the Open Meeting . Public offIcials should always consult Cecilia M, Michel Law": legal counsel before closing any portion Fred L Morrison Suesan Lea Pace To be sure, the excuse of inex- of a meeting, Interpreting the Open Andrew D, Parker Bruce A. Peterson perience very quickly wears )'feeting Law can be tricky, and judicial Wayne G, Popham thin, Public offIcials cannot decisions or other legal authority may ïhomas j. Radio long hide behind purported have refined some of its requirements. Andrew H, Seitel Ignorance where that Jgno- Jë.nna R, Severance rance results in harm to the Further, if the closure is challenged, Lee E. Sheehy public. Public officials shouJd having saught legal advice before clos- ïhamas M. SiDkins not be permitted to frustrate Louis N. Smith ing the meeting might help show the Kevin P. Staunton the purposes of the Open Frank A ïayior \Ieeting Law. particularly members' good faith, Paul H. ïietz where, as here, advice \vas . Cnder the Open \Ieeting La\\', meet- available from the city adminis- trator or city attorney \d1Îch mgs are presumed to be open, This Lawgram is not intended to provide would have prevented' the via- Therefore, any decision to close a public specific legal advice, ïhe techniques lations, At the same time. elect- described should only be used after the ed offtcials must be allowed a meeting, and the grounds for closing it, consultation with an attorney, reasonable period to learn must be docu mented on the record their duties before they can be befÙre closing the meeting, As the . removed for failing to perform 222 South Ninth Street. SUi:e 3300 them, Our constitution places Claude decision makes clear. intent is M:nneaDolis. Minnesota 55.102 great value on the election of TeL 612-333-4800 public oŒcials, It does not per- essential to an Open \Ieeting Law viola- -. Fax 612-334-8888 mit the legislature to create a tion, and good faith is relevant. I fa pub- trap to snare the newcomer to lic of!icial acted in good faith and with De"1ver . Miami . \Nas~Ir\5:on, D.C. ollice, (()lIlillllni 1111 jl!lgl'-I page 2 , )f Minnesota Open Meeting Law Worksheet (page I) · The Minnesota Open Meeting Law ("MOML") establishes a presumption that "meetings" of public bodies in Minnesota are open to the public. unless a specific exception is provided, Generally. a "meeting" includes any gathering of pu151ic officials who together have the capacity to conduct public business (i,e" a quorum), but groups smaller than a quorum may constitute a "meeting" under some circumstances, If a specific exception in the MOML or other law requires or permits a closed meeting, before closing the meeting a public body must: (I) state on the record the specific grounds permitting the meeting to be closed, and (2) describe the subject to be discussed, This worksheet may be a useful tool to help navigate the MOML's requirements and exceptions, If a public body completes this worksheet contemporaneously with its actions regarding a closed meeting, the worksheet may serve to document compliance by a public body with the MOML. NOTE: A public body should never close a meeting without consulting its attorney, I. Will the meeting to be closed involve only consideration of strategy for labor negotiations conducted pursuant to Minn, Stat. § I 79A.0 1-.25. including: (a) negotiation strategies or developments, or (b) discussion and review of labor negotiation proposals? - YES _NO Meeting subject: If no, continue to question 2, If yes, the meeting MAY BE CLOSED (see Minn, Stat. § 471.705, subd, I a), but only under the following circumstances: - The public body must vote to close the meeting by majority vote, VOTE RESULTS: - The time and place of the closed meeting must be announced at the public meeting. · Time: Place: - A written roll of all persons present at the closed meeting must be made available to the public after the closed meeting, - The closed meeting must be tape-recorded, The recording must be preserved for two years after the contract is signed and must be made available to the public after all labor contracts are signed. 2, Will the following types of data be discussed at the meeting to be closed: - Data that would identify alleged victims or reporters of criminal sexual conduct? - Data that would identify alleged victims or reporters of domestic abuse? - Data that would identify alleged victims or reporters of maltreatment of minors or vulnerable adults? - "Active investigative data," as defined in Minn, Stat. § I 3.82, subd, 5? - Internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency. statewide system, or political subdivision? - "Not public data" of the following types: - Educational data? - Health data? - Medical data? - Weifare data? - Mental health data? If not, continue to question 3, If so, the meeting MUST BE CLOSED (see Minn, Stat. § 471.705, subd, I deb»~, · cOlllilllled 'III buch sid,' © 1995 Popham, Haik. Schnobrich & Kaufman, Ltd, All rights reserved. Minnesota Open Meeting lawWorksheet (page 2) 3, V/ill the meeting involve only preliminary consideration of allegations or charges against an individual who is subject to the . public body's authority! - YES - NO Individual's name: If no, continue to question 4. If yes, the meeting MUST BE CLOSED, unless the subject individual requests that the meeting be open (see Minn. Stat. § 471.705, subd. I d(c)), If the meeting is closed and the public body concludes that discipline of any nature may be warranted as a result of the specific allegations or charges considered, further meetings or hearings relating to those specific allegations or charges, held after that conclusion is reached, MUST BE OPEN (see Minn. Stat. § 471.705, subd, I d(c)), 4. \Nill the meeting involve only an evaluation of the performance of an individual who is subject to the public body's authority! - YES - NO Individual's name: If no, continue to question 5, If yes, the meeting MAY BE CLOSED, unless the subject individual requests that the meeting be open (see Minn, Stat. § 471.705, subd. I d(e)), If the public body decides to close the meeting. it must take the following procedural steps: a. Before closing the meeting, the public body muSL identity the individual to be evaluated. b, At the next open meeting, the public body must summarize its conclusions regarding the evaluation. Date of next meeting: . S. Is a closed meeting expressly required by law (other than the MOML)! - YES - NO Legal authority: If no, continue to question 6, If yes. the meeting MUST BE CLOSED (see Minn. Stat. § 471.705, subd. I deb)). 6. Is a closed meeting expressly authorized by law (other than the MOML)! - YES - NO Legal authority: If no, continue to question 7, If yes, the meeting MAY BE CLOSED (see Minn, Stat. § 471.705, subd. I d(e)). 7. Is a closed meeting permitted by the attorney-client privilege! _YES - NO Meeting subject: If yes. the meeting MAY BE CLOSED (see Minn. Stat. § 471.705, subd. I d(e)). If no, and the answer to each of the previous questions also was no, the meeting MUST BE OPEN because the MOML neither requires or permits the public body to close the meeting. This document is based upon the provisions of the Minnesota Open Meeting Law, Minn. Stat. § 47 I .705, as amended through January I, 1995. It is a tool designed to provide an overvie'N for public officials of the Open Meeting Law and is not intended, nor I should it be used, as a SUbSLitute for legal advice from a licensed attorney, About the Author: Chrs:,cDherA. L:cstad is an attorney in the MinneaDolis office of Popham, Ha!k. Schnotrich & Kaufman, Ltd. He practices in the areas of public law and litlga:lon, focusing on issues re!:itlng to data privacy and open meetings. © 1995 Popham, Haik, Schnobnch & Kaufman, Ltd. A!I rights reserved. , "-- . Some Tips on . How to Conduct Public Hearings on Land Use Applications Give Notice, all public hearings are made, The matter of fairness," Kletschka v, Countv Assure that proper notice is provided recording system should be sensÌ,tive of Le Sueur, 277 N,W.2d 404, 405 for every hearing on land use applica- enough to "pick up" the voices of audi- (Minn, 1979), The City may want to con- tions, State statutes and the City's ordi- ence members who testify, as well as sider these procedures for appraisers nances must be consulted to determine those present at the council table, All and other expert witnesses, or In the notice requirements for each type of tape recordings should be preserved for instances where the credibility of an land use approval. The City should at least two years and preferably longer, important witness is especially impor- always err on the side of giving greater If a cable television company broadcasts tant. In addition, the City should give notice, if there is any question. the meetings, the City should make those procedures special consideration if arrangements to obtain and preserve they are requested by the applicant. ]Ùke a Clear Record, copies of the tapes, at least for contested In conducting public hearings, city land use applications, A court is more Allow Questioning of Witnesses, officials should be mindful that the pub- likely to grant "summary judgment" Even if the City decides that formal lic hearing record may be carefully scru- based on the record before the City cross-examination IS not necessary, it tinized by a judge, if the CityJs decision - instead of requiring a lengthy and may want to allow informal questioning either for or against a development - is expensive discovery and a trial if a ver- of witnesses, Such questioning can be challenged in court. f\ few procedures batim transcript is available. The effort directed to the City Councilor planning that will assure that the record is com- and expense needed to assure that an commission if desirable to keep the pro- plete should be part of the City's rou- accurate record is kept may pay for itself ceedings orderly, Allowing this kind of tine. The mayor or planning many times over. informal questioning may allow the . commIssIon chair should assure that issues to be better ventilated, In addi- speakers give their names and addresses Be Careful What lint Say, tion, the party that does not prevail will for the record before speaking for the City officials should be conscious that not be able to complain that the City first time, All documents relied on dur- their words may be cited by either the stood in the way of efforts to probe or ing the hearings should be marked as applicant or by opponents to a proposal understand the opposing point of view, exhibits Uust like in court proceedings) in an attempt to prove to a court that and should be kept by the City until a the procedures adopted by the city were Consider the Need for Independent Studies, final decision is made, and the time for somehow inadequate. Ill-considered Depending on the size and sensitivity appeal has run, Exhibits - whether words may be the basis for a judge's of the proposed development, the appli- generated by the applicants, city staff, or decision! City officials should ask them- cant may submit the testimony or citizens - may be an important part of selves before speaking, "Would I say this reports of experts - such as traffic engi- the record and must be available for if a judge were sitting in the city council neers, and land use or environmental review by a court. if necessary. chambers tonight?" Because, in effect, consultants, In such cases, the City the judge may be, should consider retaining its own 7ìwlScrib,' or TaP!' }iJllr Hearings, experts to crItique the applicant's work The City must assure that a complete Cousida HaLliug fVitlless!'s Be and perhaps to prepare independent transcript of the public hearings can be S¡¡'(J/ïl euder Oath, work on behalf of the City, At a mini- prepared. if needed. li)r court review, There is generally no requirement mum. the City should assure that its Hiring- a cOlin reponer to attend the that wItnesses at public hearings be own staff CrI tIq ues the applicant's hearing results in ;\ very accurate record swonl under oath, or be subject to IÖr- repons. I n the absence of any indepen- of the he;¡ring- but is expensi,'e, The City mal cross-examination (as in court), Our dent analysis. the only evidence in rhe mav "'ish to consider hirinlT a COUl'( Supreme Court has said. howeyer. that record may be that submitted b\' the " I reponu' in cases rh;tr ;lre contentious rhere m;l\' be times ,,"hen testÌmo!l\' "is applicant. That "'ill pose no problem . , where the risk of subsequent litigation is so criticall,' imponallt that the oath and where the applicant's work and conelu- high, In ;tll or her cases. rhe City should 0pp0l'(unin" li)r cross-examinarion are sions are \\'ell-li)unded and where rhe assure th;¡( complete tape recordings of to be p,'eterred, if not required. as ~\ City supports the proposal. In othl"\" coll!ill{{¡'d Oil f¡uc/; s/{/,' © 1995 Popr:Jnl, HJlk Schnobnch & Kaufman, Ltd, All nghts resel"Ved, L Continued... Ho\v to Conduct Public Hearings on Land Use Applications . cases, however, the City may f!Dd itself K ¡WiC I Ii I' Lrlic. '/idre jour Tillie II) Prefl1lre Pro/in Filldillgs. in court defending a decision that is The City should consult the state At the time of a decision to approve sound but not sufflciently supported by statutes and ordinances to determine or deny, the City Council may have the record. The City's ordinances may the criteria applicable to the type of land before it draft findings that were pre- allow the City to charge all or part of the use decision before it. (For example, pared by one of the following: the staff, cost of independent studies to the devel- ;-'¡inn, Stat. § 462,35ï sets out require- a council member or the applicant. If oper, If the City's ordinances do not pro- ments applicable to variances, and the that is the case and if the draft is ade- vide for this, the City should consider ordinances of many cities set out addi- quate, a final vote 'may be taken, amending its ordinances, tional criteria for variances,) The find- Otherwise, the council members should ings of fact and conclusions adopted by indicate conceptually how they intend to ,illviL' Sufjlcienllïlllf 10 Res/}(md, the City should, at a minimum, address vote and the general reasons for the The applicant must be given suffl- each of the criteria applicable to the pro- decision, and they should direct their cient time to respond to concerns and posa\. staff to bring back a resolution for the objections raised by opponents. The next meeting, The city attorney should applicant is not expected to anticipate Exfllain Jour Decisioll. review any such resolution before it is and to meet at the outset objections that The City Council must give adequate distributed. The staff should provide a will be raised during the public hearing reasons for its decision. Those reasons copy to the applicant prior to the meet- process. If the applicant asks for more need not be formal but should show that ing at which final action is taken, time to present its case, or for a continu- the City Council has grappled with the ance to prepare additional information, evidence Il1 the record, The reasons DOIl'1 Lislfll Only II) Ihe Seighbl)rs, the safest course is to grant the request. must go beyond merely listing the The City Council should not base its sources of information in the record, d,,','on o~ ,}" roe' ,h" ",," f' n'fgh-' Carefully Preþare Filldings of Facl, Thus, for example, the City Council borhood opposition or support for an :-'¡any CIty ordinances specificallv should avoid giving as a reason some- application, Of course, the reasons for require that "findings of fact and conclu- thing like, "testimony about noise and neighborhood sentiment can and should sions" be prepared, As the Earthburners trafflc." The City Council should instead be taken into account by the City case illustrates, the findings will be the include as a reason something like: Council and may be the basis for its starting point for any subsequent revie\\' "Evidence in the record showed that the decision. It should be clear from the of the City's decision by a court, proposal will increase trafflc to unac- written reasons for the decision that the Inadequate f1l1dings may be the basis for ceptable levels in the vicinity of the pro- City Council did not simply respond to reversal of the City's decision by a court, ject." Of course. all the reasons given by community pressure but that it really On the other hand, findings that are the City Council must be based on evi- grappled with the facts, pro and con, . sufflciently detailed and properly based dence in the record, The City Council's on evidence that ","as 111 the record reasons should also include citations to before the City will go a long \\'av to the applicable provisions of the statutes assure that a court does not disturb the and ordinances, City's decision. and may cOlwince the P,\rty that did not prevail that any court challenge would be a waste of time, ·'oe< '" Meoc "","' ':,,' ;, ê.C mC'T,y ,n ;h, M;co"poii, C,"" of Pooh'm. H,¡C \,hoch",h & ,,·,bee. L'd Se, ,,,,,,,,, in pobli' ,,,. . :cr' ~eDreSentat¡cn, \vit;¡ a fccus en ~J.í\¿ use ;it~g3tlCn. ::Ç i 995 ?CO;'¡2,M. :-<~.\k. 5c~r,cbr·:Ô\ & K2.U7'r:-:è.Î., Ltc. AJ! r-g;""¡t5 reser"ved. · - .. The Earthburners Case: Some Lessons on Land-Use Decisions -Karen R. Cole, Esq, , A decision of the Minnesota Supreme reasons given by the county board, and Where the city has properly pre- Court reinforces some familiar the procedures followed by the county, served the record before it (ideally by lessons for Minnesota cities faced with The Reasons Given Must Be Adequate, The preparing a verbatim transcript or a land use applications, Earthburners v. Earthburners Court made clear that the reliable video or tape-recording of its County of Carlton, 513 N.W.2d 460 reason given by the county board - proceedings), the city may be able to (Minn. 1994) involved the decision of a "public testimony presented in opposi- argue that the court should review only county board, but the case applies equal- tion" - did not pass muster. The public the evidence in that record, and that the ly to cities and townships that make land body may not merely list its sources of court should not take additional evi- use decisions. The Earthburners case is information in a conclusory way; the dence that was not presented first to the noteworthy not because it announces reasons should explain how the infor- city.' Thus the disappointed applicant or new legal principles but because it iJlus- mation was used or evaluated in reach- neighbors who did not prevail may not trates some common mistakes public ing the decision. The reason should be allowed to introduce additional evi- bodies should avoid in order to reach show that the City Council has grappled dence in an attempt to persuade the fair decisions and stay out of court. with the evidence in the record. In addi- court or a jury that the city's decision The Earthbnrners Case. At issue in the tion, the court said it is not enough that was wrong, By the same token, the city Earthburners case was an application for reasons not articulated by the public may not be able to rely on information a conditional use permit for a "soil roast- body justify its decision and are support- that was not included in the record in an er," a facility designed to remove poJlu- ed by the evidence. The public body attempt to buttress its decision, The tants from contaminated soils, must expressly state its reasons, and city's focus must be on the creation of a Earthburners' application was hotly con- those must show it grappled with the proper record in the first place to assure tested before both the planning commis- evidence. that a decision is reached that will sur- I sion and the county board. A number of While a public body must set out rea- vive judicial review. residents voiced concerns about possible sons for its decision, it need not make The Procedures Followed Must Be FaÙ: The environmental effects fTom the facility, formal findings of fact (such as a court Court was also troubled by the proce- ~ induding possible air poIIutìon and would make). In previous decisions, the dures followed by the county board in increased traffic. The planning commis- Supreme Court has recognized that the Earthburners case. The Court sion unanimously recommended denial councils of elected officials are not in a seemed to believe that the county board of Earthburners' application, position to make the kind of detailed had rushed to a decision. The Court About a week after the planning com- findings that would be expected from a suggested that it was improper for the mission vote, the county board consid- judge. Thus, while the reasons given board to deny the application without ered Earthburners' application. At that may not simply refer to the sources of giving Earthburners an opportunity to meeting, the board's chairman acknowl- information relied on by the council, develop and present additional ev!- edged that the application was complex they need not be formal. Of course, dence. The Supreme Court was clearly and that more time was needed to study more detailed findings (if supported by concerned that relatively little time had it. Earthburners asked for the opportu- the record) are more likely to survive been allocated by the county board for nity to develop and present additional judicial scrutiny, consideration of Earthburners' applica- information that would respond to the One reason sometimes given by city tion, and by the indications that there residents' concerns, Instead, however, councils - neighborhood opposition to were "unanswered questions." the county board unanimously voted to a, proposal - is not itself a legitimate A conservative reading of the deny the application, The only reason basis for a land use decision, Earthburners decision would requIre gí\'en by the coUnty board was "public Neighborhood opposltlon is however, the city council to aDow applicants (and testímol1\' presented 111 opposition. " often based on legitimate concerns perhaps also opponents of the applica- Earthburners subsequently brought suit. \\'hich may justify the denial of a propos- tion) just as much time as they want to I In the end. the :\Iinnesota Supreme al. Thus, while the fact of neighborhood de\'elop and present e\'idence Sllpport- Court remanded the case and ordered it opposition is not a basis for a land lIse ing their positions, Of course, aflÒrding relUrned to the county board fi)!' further denial. the underlying reasons for that unlimited time for the presentation of - consideration, The Supreme Court's opposition may be. if suniciently weighty evidence and debate, whether or not decision reflects its dissatisbction with and supported by evidence It1 the required, minimizes the chance t,hat a two aspects of the COllnty's decision: the record. court will disturb the cìty's decision: (o/lfilllll'd II/I ¡¡agl' ·1 continued b.om page 3 continued from page 2 . Earth tuners Case Tvl0TvlL It is often, however, not practical for a city council, faced with other city business, an intent not to violate the statute. the ., to afford unlimited time for any given proposal, and the law - at least until official may have a good defense, If the Earthburners - does not require the city to do so. It is clear from the Eanhburners record demonstrates good faith and an case, though, that the city should afford the applicant at least enough time to absence of specific intent to violate the respond to concerns that are raised by opponents, The losing side should not walk statute, overcoming the presumption of away from the hearings feeling there was an additional argument it was not allowed openness will be less difficult. to make or additional evidence it was not permitted to submit. . Violating the Open ~[eeting Law In considering whether to grant additional sessions or provide additional time, may result in extensive personal costs, the city council should consider the cost of defending a lawsuit. Even a frivolous in addition to whatever cost the public lawsuit that can be dismissed without the need for a trial may cost the city thousands body itself might incur, The maximum of dollars to defend, Carefully following adequate procedures will increase the likeli- civil penalty has tripled, and while a hood that a landowner will choose not to bring suit and will increase the likelihood public body may vote to pay a member's that a suit, if brought, can be dismissed by the court at an early stage without the defense costs, the decision to do so is need for a time-consuming and expensive trial. discretionary, Plus, the statute permits a It should be noted that the Earthburners Court's concerns about the procedures court to charge a violator for up to followed by the county board in that case are likely linked to the Court's criticisms of S 13,000 in legal bills for the other side, the reasons given by the county for its decision. The Court suggests that the county . A reminder: Public bodies must board decided to simply deny the application in the face of community pressure in tape-record meetings closed to consider order to avoid making a politically difficult decision, The Court may well have been strategy for labor negotiations, The less critical of the time allocated by the board and the procedures it followed had tape-recording requirement does not the coumy board given substantive reasons for its decision that showed the board apply to meetings that are closed for had really grappled with the evidence before it. other purposes, but the Claude decision The Earthburners decision ends with the reminder that land use decisions are to reaffirmed that tape-recording labor . be "deliberative, fair and well-documented," A decision that meets these standards is negotiation strategy sessions is manda- not only more likely to be a better decision, it is also more likely to survive judicial tory, scrutiny. A city council decision that keeps these principles in mind may not be Perhaps the most significant feature immune from judicial attack but should be able to withstand judicial review with the of the 1994 developments is simply that least expense and with the greatest possibility of success, . the three branches of state government See the insert for tips on conducting public hearings on land use applications, demonstrated that they are of one mind ¡ In order to limit the Court's review to review"on Ù',e record" - that is, to evidence considered by the on the open meetings issue, to the effect city in malcing its decision in the first place - the city must not only provide a complete record of its pro- that public_officials who challenge the ceedings, but it must also show that its proceedings were "full and fÙ:' Swanson v. City of Bloomington, 421 Open Meeting Law do so at their own N.W2d 307, 31 1-14 (Minn, 1988). The Swanson decision suggests that standard is met where the property peril. . owner has been given sufficient opportunity to present relevant material to the city, and given the opportu- nity to answer questions and react to the testimony of other participants.!çl at 313. ¡ 518 N,W2d 836 (Minn. /994) Minnesota Open M eeti ng Law: 1994 Amendment Highlights . The maximum civil penalty for intention- . A court now has express authority to . A public body now has express authority ally violating the Open Meeting Law is now award "costs, disbursements and reasonable to pay "any costs, disbursements, or attorney $300 per violation - a threefold increase of attorney fees of up to $1 3.000" to any party fees incurred by or awarded against any of its the former $100 maximum fine, in an Open Meeting Law suit. members" in an Open Meeting Law suit. In . The Open Meeting Law requires removal - Defendants are eligible for costs and fees other words, public bodies have discretion to of a public official from office only if courts in cniv if court finds that the action was "frivo- reimburse members' defense costs, win or at least three seoarate actions find that the lous aGd without merit" lose. Public bodies may r.ot. however. pay the . oífiClaI intentlonaHy v;oiated the Open - No monetary penalties or attorneys fees $300 civil fines that may be leveled at mem- Meeting Law, Previousiy, the statute could be may be awarded against a public official bers for intentional violations, . read to permit removal for three related vio- un:ess the court finds that there was "specific lations. intent" to violate the statute, © 1995 Popham, Haik. Schnobrich & Kaufman, Ltd. A,II rights reserved. page 4 . ,. .. . CORE COMMITTEE May 8, 1995 The CORE Committee, a community relations committee of the Community and City of St. Joseph met in the St. Joseph City Hall on Monday, May 8, 1995 at 6:30 p.m. Present were Tille Wasner, Kristen Moore, Ross Rieke, Al Christenson, Rachel Stapleton, Maria Plonski, John Pihaly, Marjorie Lesnick, Brad Lindgren, Stamate P. Skliris, Steve Yuhas, Dawn Gallett, Wendy Wuebben, Diane Schneider, Mary Geller, Patrick Melvin, Linda Sniezek, Shawn O'Meara. OLD BUSINESS PINESTOCK - The Joint Events Council of the College of St. Benedict and St. John's University presented a letter of thanks to the members of CORE for their efforts in bettering city-student relations in the future. They also anticipated donating $1,000 to help alleviate some of the costs incurred by the city for additional services required Pinestock weekend. After this was presented, Steve Yuhas of St. John's Senate stated that St. John's Senate did not support a cash contribution to the city but were willing to consider the situation on a post Pinestock review. If I they hear of matters that need fixing or replacing St. John's Senate may be willing to donate after Pinestock. City Officials thanked St. John's Senate for any assistance they may be giving. Kristen Moore clarified that $500 will be donated from the JEC and St. Ben's Senate. City officials thanked representatives of those groups for this immediate relief. Pat Melvin stated that Mark Genzlinger had proposed plans for a post-Pinestock event to be held at St. John's, which was denied by St. John's officials for an number of reasons, mainly security. NEW BUSINESS COMMUNITY DAY 1995: Linda Sniezek and Marg Lesnick, Co-Chair for Community Day, discussed Community Day activities, and the need for student commitment. They passed out information and asked that students volunteer for specific activities and get other students committed also. To make students aware of Community Day in order to get more student attendance, it was suggested to put pamphlets on the event in their registration packets. This information would have to be delivered to St. Ben's prior to the end of August. Linda encouraged the members of CORE to find bands and other entertainment for the day. I PINESTOCK CLEANUP: Kristen Moore informed the group that an organized effort is being set up for cleanup Sunday morning after Pinestock. Students will work in shifts beginning at 7 a.m. and . . viill be given a tee shirt for the occasion. The members of CORE . encouraged the cleanup workers to start shortly before 7 a.m. so that they are visible to the people going to the 7:00 a.m. Mass. Also the group encouraged publicity for the post Pinestock cleanup crew. The evaluation of CORE for the year showed that it was successful with friendships and bridges built. The outgoing members were thanked for all their efforts in furthering the Mission of CORE. The new members were welcomed. CORE will meet at the City Hall at 7:00 p.m. on Wednesday, September 6, 1995 and 6:30 p.m. on Monday September 11, 1995 in preparation of Community Day. After Community Day plans are to establish a schedule and location of meetings for the school year. The Committee adjourned at 7:55 p.m. to a potluck lunch of goodies and socializing. ,~ -, ! 1. . If ~ \r~¿~ ' cý/ (.' Rachel Stapleton Clerk/Administrator I I . . . " .. . Page 95-4 · Pursuant to due call and notice thereof, the Fire Advisory Board of th~ City and Township of St. Joseph met in regular session on Wednesday, Ma 3, 1995 at 8:00 p.m. in the City Hall. . MEMBERS PRESENT: Town Representative Joe Bechtold, City Representative Bob Loso, Fire Chief Dave Theisen, City Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Dick Taufen, Judy Weyrens, Renee Salzer, Alfred Siefert, Richard Schleper. MINUTES: The minutes of the February 1, 1995 meeting were corrected as follows: page 95-2 the last sentence under NEW BUSINESS a) "Bechtold stated that he felt the Fire Department is more qualified to function in that capacity." Loso made a motion to approve the minutes as corrected; seconded by Bechtold. Ayes: Bechtold, Loso, Theisen. Nayes: None. Motion carried. QUARTERLY FINANCIAL REPORT: Judy Weyrens, Deputy Clerk, presented the fourth quarter financial report'of 1994 with audited figures, and the first quarter of 1995. The Board noted receiving St. Ben's payment of $5,000. Stapleton stated that contact from Mike Ryan indicated that a meeting with St. Ben's officials would be in order. The Board agreed to request representation from St. Ben's at the next regular meeting to be · held August 2, and discuss with them the need for additional funding. The Board reviewed information provided by Weyrens on the amount an. costs of fire runs to each entity, broken down separately St. Joseph Township, St. Joseph City, St. Benedicts, and St. Wendel. After review of the number of runs, costs, and percentage comparison, it was generally felt that the revenue requirements spread between the Townships and City, for funding the Fire Department are relatively accurate as currently figured. Bechtold moved to approve the fourth quarter report for October 1 though December 31, 1994 with the audited figures. Loso and Theisen, new to the Board in 1995, expressed abstention but generally accepted the report. After discussion of the Equipment Reserve Fund and transfers, Bechtold made a motion to transfer from the Operating Reserve balance $20,000 to the Equipment Reserve Fund, and an additional $20,000 to expense account 42280-520 Fire Station and Building for funding for the expenses associated with the acquisition and development of the Roske property. The motion was seconded by Loso. Ayes: Bechtold, Loso, Theisen. Nayes: None. Motion carried. Additionally, Loso requested amounts for capital outlay items are shown · "budgeted" to "expended" in the quarterly financial report. . . . . . .. . · Page 95-' Loso made a motion to approve the Quarterly Financial report of January 1 through March 31, 1995; seconded by Bechtold. Ayes: Bechtold, Loso, Theisen. Nayes: None. Motion carried. FIRE CHIEF'S REPORT: Theisen reported a) New batteries were purchased for truck number 2 when it was determined that there was a problem. b) A medical bag was bought for approximately $210. c) A cellular phone and equipment for use of it have been purchased for approximate cost of $150. This is offset with money collected for a fire run. The phone itself cost $75 as a rebuilt one. d) The pair of boots ordered have arrived; the turn out coats should be arriving soon. BUSINESS: a) The chassis for the new pumper has arrived at the plant at Wyoming, Minnesota to have the equipment installed on it. The tentative delivery date is July 15, 1995. b) Theisen opened a bid received from Lancaster Minnesota of $18,100, for the surplus 1975 Ford Fire Truck. Bechtold made a motion to approve · the sale of the truck to the Lancaster Fire Department as bid, and th1lt revenue from the sale will be allocated to the Equipment Reserve fund seconded by Loso. Ayes: Bechtold, Loso, Theisen. Nayes: None. Motion carried. This acceptance will be considered for approval by both the City Council and Town Board. If it is accepted by both the City will send a letter to the Lancaster Fire Department expressing acceptance and informing them that the truck will be available when the St. Joseph Fire Department has received the new truck and it is operational. This will be approximately August 1, 1995. The Board also generally agreed that the Mr. Bunker, the individual approved for marketing the truck will receive three percent of the amount accepted for the truck, as agreed upon. c) Theisen stated that burn permits for the City may not be given out verbally. Also Theisen suggested the City consider baning open burning totally within the City and encourage the use of the compost area. d) Theisen presented a proposed Application for membership for the St. Joseph Fire Department. After discussion of methods used by area departments, procedures in hiring, the Board agreed to let the Fire Department Committee review and rate the applicants. The Fire Board will receive copies of the ratings and evaluations. The City Council has to approve the new members. The Board discussed and aareed to hav~ · the City Attorney review and make recommendation on the appll.catl.o form. ;, .. lit · Page 95-6 e) Funding for the DNR grants is gone for the first round and the funding has been cut for the next round. Therefore it does not appear that we will receive this grant this year. Theisen stated that the Department needs 30 replacement helmets. After further discussion Bechtold made a motion to purchase 30 new helmets to arrive after June 15, 1995; seconded by Loso. Ayes: Bechtold! Loso, Theisen. Nayes: None. Motion carried. f) St. Ben's yearly payment has been discussed earlier in the meeting and St. Ben's officials will be invited to the next regular Fire Board meeting. g) st. Wendel Township officials discussed their contract with the Board. They would like to see it updated by removing article III which discusses St. Wendel's obligation for equipment payments; extend the termination notice requirement to one year; fire and medical calls to St. Wendel Township will be sent twice a year; take out the requirement that the balance left in the operating funds at the end of the quarter will be transferred. St. Wendel officials stated that they do not want ownership in the new fire hall. The Board stated that the debt would be serviced through the Fire Fund and each entity would participate at their current percentage requirements. · h) Requests for proposals have been sent to all seven St. Cloud architectural firms. The proposals will be received by the City. He will get a copy to each member of the Fire Board and to the Building Committee members. The Fire Board set a meeting for May 16 at 8:00 p.m. to review the proposals. The Townships contracts will be discussed at this meeting also if time permits. i) The Joint meeting on May 24 has a realtor on the agenda. The Fire Board felt this is a bit premature and Loso will request that this agenda item be postponed. j) Theisen discussed with Loso who sets off the emergency sirens. Loso stated that Taufen or his designee during his work hours, and the police do after hours. Theisen indicated a need for training on setting off the sirens by the police department. Loso stated that he would follow up on this matter. Loso made a motion to adjourn at 10:58 p.m.; seconded by Bechtold. Ayes: Bechtold, Loso, Theisen. Nayes: None. Motion carried. Rachel Stapleton · City Clerk/Administrator " .. .. I participate in clean up on Sunday morning and deposit trash in the dumpster located at Monument Park. * Resident expressed concern regarding the condition o:f property located at located 119 -3rd Ave NE. * Steve Streng o:f the St. Joseph Newsleader inquired regarding a summary report on the MN Design Team. He was in:formed that an open :forum will be scheduled when the Star Commission receives in:formation back :from the Design Team. * Mike McDonald, a resident o:f 13th Ave SE, commended the Maintenance Dept. on the excellent per:formance o:f snow removal e:f:forts this winter. * A pay phone will be installed in Centennial Park on May 10th. * Council decided to move Council Reports to the end o:f the Council meeting. * City Engineer Joe Bettendor:f discussed the proposed water project. * Dave Hinnenkamp of' Kern, DeWenter, Viere presented the annual audi t. Copies of' the audit report are available :from Stapleton. * A representative :from Juran and Moody discussed the tools available to :free up excess revenue in bond :funds. I Tauf'en * The construction of a new iron removal system is scheduled :for June 1996. During this time period St. Ben's could more easily supply the City with water. Construction time will be approximately six weeks. * Areas :for sealcoating and overlays to be applied this summer have been designated. Council discussed methods o:f :funding street improvements including partial assessment to the property owners. * Tau:fen recommended a letter of' thanks be sent to the Design Team and Star City commending them f'or their e:f:forts o:f this past weekend. I