HomeMy WebLinkAbout1996 [08] Aug 15 {Book 10}
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· CITY OF ST. JOSEPH
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CITY COUNCIL MEETING
¡ First Avenue NW August 15, 1996 - 7:00 P.M.
.0. Box 668,
~ Joseph, MN 56374
12) 363-7201
ax: 363-0342 AGENDA
1. Call to Order
AYOR
onald "Bud" Reber 2. Approve Agenda
3 . CONSENT AGENDA
LERKI a) Minutes August 1
DMINISTRATOR b) Approval of Election Judges
achel Stapleton C) Ordinance 71 Amendment - Outdoor Liquor Permit
d) Grant Applications for Marketing and EDA funding.
e) 1996 Financial Audit Proposal
OUNCILORS
oss Rieke 4. Bills Payable & Overtime and Callouts
)b Loso
en Hiemenz 5. Mayor Reports
)ry Ehlert -,
6. Council Reports 1~
· 7. 7:30 P.M. - City Engineer Reports _~_ ..._n~
a) Accept bid for Well Number 5
b) Ron Kostreba proposal
c) Overlay project
d) Industrial Park
8. 7:45 P.M. - Stop Sign Requested - Mary Niedenfuer
9 . 8:00 P.M. PUBLIC COMMENTS
10. RECESS
11. 8:30 P.M. - Special Permit for Dogs - P. Pilarski & T. Alt
12. 8:45 P.M. Tobacco Ordinance
13. Annexation by Ordinance
14. Clerk/Administrator Reports
a) Change Town Meeting Date - (August 28 not an option)
b) Elections - Absentee voting at Auditors Office.
c) Alley Control sign - (Between 1st & 2nd Avenue NE)
c) Other Matters of Concern
· 15. Adjourn
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· \;~ CITY OF ST. JOSEPH
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MEMO
First Avenue NW TO: Honorable Mayor and Mem~he Council
o. Box 668,
· Joseph, MN 56374
12) 363-7201 FROM: Rachel StaPlet~
DC 363-0342
DATE: August 12, 1996
AYOR
maid "Bud" Reber RE: Agenda August 15, 1996 meeting.
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LERKI 3 a. Minutes page 5 under Ken Hiemenz' report include "
DMINISTRATOR John Scherer indicated he no longer is chair of the
lchel Stapleton alumni association but he tried to use his position to
help "
. . .
3b, 3c and 3e included in packet.
OUNCILORS
)SS Rieke 3 d. Grant applications will be forthcoming.
)b Loso
m Hiemenz
)1"y Ehlert 8. A stop sign is being requested in Park Terrace at the
corner of 5th Avenue NW and Birch Street West.
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· 11. Paul Pilarski and Tammy Alt live a f~.3.{) 0 East
Minnesota Street and are asking special permission under
ordinance 104 to keep more than two dogs. They were told
they will have to show responsibility and have them
currently licensed. (They are not licensed.)
12. Jodi Fedor of Tri-County Assist asked to allow
representatives of their organization to speak about the
tobacco ordinance.
13. More information later.
14a. No college officials will be available on August 28,
therefore we need to come up with another date.
14b. For the last election we allowed absentee voting in
the Clerk's office prior to the election. This did not
function very well, and was quite cumbersome, nor were we
able to provide privacy to the voters. I am recommending
that we do not provide absentee voting until we have
adequate facilities for it. The voters may go into the
County Auditor's office or request ballots by mail.
14 c. Royce Tonjes lives at 116 First Avenue NE and is
requesting a stop sign coming out of the alley, at the
- First Avenue NE exit of the east-west alley in that
block. Another consideration would be a "children
-- playing - slow" sign.
14 d. 1996 Audit proposal.
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Pursuant to due call and notice thereof, the City Council for the City of St.
4IÞ Joseph met in regular session on Thursday, August 1, 1996 at 7:00 P.M. in the
Ci ty Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Council members Ross Rieke, Bob
Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: Judy Weyrens, Dick Taufen, Dave Theisen, Mary Theisen, Tara
Ploumen, Dennis Emery, Ken Heinen, Connie Loecken, Dennis Loecken, Mike &
Tracy Pflueger, Leon O. Nemitz, Mary Nemitz, Dennis Stueve, Judy Meemken,
Herbert Simon, Roger Beuning, Kelly DeWenter, Bruce A. DeWenter, Cathy
Salzer, Beata M. Wolak-Chute, M. A. "Duke" Hewitt, John L. Gamades, Mark
Zimmer, Linda Sniezek, Diane Schneider, Dan Schmitz, Joanne Schneider, Tom
Kuelbs, James D. Schwegel, David E. Schreiner, Mike Tadych, Mike Deutz,
Andrew .M. Brixius, Mary Niedenfuer, Steve Niedenfuer, Carol Nelson, Carol
Dolence, Rudy Zimmer, Mike Scherer, Mike Hazen, Steve Dehler, Joanne Zipp,
Lee Zipp, Jeanette Pfannenstein, Mark R. Hoeschen, Lori Pfannenstein, W. C.
Tallman, Julie Tallman, Len & Betty Walz, Bernie Evans, Steve Johnson, Dave
Douvier, Steve Frank.
AGENDA: Loso made a motion to approve the agenda as revised; seconded by
Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
CONSENT AGENDA: Loso made a motion to approve the Consent Agenda as follows;
seconded by Hiemenz.
. 1) Minut~~ of the July 11, 1996 Council meeting.
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2) Economjc Development Authority call for applications to the Board.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
PUBLIC HEARING - 1996 STREET OVERLAY AND ALLEY IMPROVEMENTS: Mayor Reber
called a pUblic hearing to order at 7:00 P.M. on a proposed street
improvement on Fifth Avenue SE between Minnesota Street East and Baker Street
East; Fourth Avenue SE between Minnesota Street East and Baker Street East;
'Eastern Court; Western Court; Able Street East between Fourth Avenue SE and
Fifth Avenue SE; First Avenue NW between Date Street West and the northern
corporate limits; the East-West alley between First Avenue SE and Second
Avenue SE; and the North-South alley between East Minnesota Street and East
Able Street by constructing a bituminous overlay. The maximum estimated cost
of the project is $88,600.
Engineer Tom Herkenhoff of SEH discussed the scope and costs of the proposed
street and alley improvement project and distributed the proposed assessment
roles.
Dennis Stueve questioned how the mat in the alley would be worked into the
driveways. Herkenhoff indicated there is no milling proposed for the alley,
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but the mat would be tapered into the driveways. He discussed the time fra4IÞ
for needed sewer service line improvements, to be done prior to the all
improvement.
Ken Heinen questioned the public hearing process and why there is not more
federal funds available for our improvements.
Roger Beuning questioned the method of assessments and the need for the
improvement. His property is situated so that he could be assessed on all
four sides. Beuning felt this is not fair.
Dennis Emery questioned if the proposed project is maintenance or an
improvement. Response - St. Joseph's policy is to assess the adjoining
properties for any street re-construction or overlay at 60%, with sealcoating
picked up by the City.
Ken Heinen stated this improvement will probably increase the taxable value
of the properties. He questioned the specifications for the mat, as he felt
the mat needed to be at least two inches thick. He also questioned what will
be done with the curb (existing is a bituminous extension from the street).
Herkenhoff indicated the street would be milled at the edges by the curb.
Heinen did not feel this would function well.
Dennis Stueve questioned if sealcoating the alley two years ago would have
saved it. Herkenhoff stated the base of the alley has failed; sealcoating is
for surface maintenance.
Andy Brixius questioned how street improvements are determined. Mayor Reb.
stated the Efi~~neer makes recommendations and the Council considers them.
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Ken Hiemenz di~cussed the Council's long term street improvement plan, which
prioritized thè improvement of city streets.
Kelly DeWenter discussed drainage problems at the Eastern Court cul-de-sac
and Minnesota Street by Eastern Park, and requested city assistance with
drainage control.
Lee Zipp asked how it would be possible to mill down the bituminous and leave
the bituminous curb. He felt the condition of the curb area was
questionable.
Rachel Stapleton read a written statement received as follows: II I , Tom
Petroski of 112 E. Minnesota Street, vote an emphatic "No" concerning any new
improvements made along the alleys adjoining my property. II Signed by Tom
Petroski, 7-22-96.
Tracy Pflueger stated she is against the alley improvement.
Steve Frank suggested a poll of the property owners be taken.
Carol Dolence questioned why alleys in residential areas are assessed at
100%. Response - City policy has established this requirement. .
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Mike Pflueger felt this improvement would increase the traffic in the alley
4IÞand recommended consideration of the impact of the increased traffic.
Also discussed was what would be the role of the City if the improvement
would not be approved. The (existing worn) surface could be removed and the
City would maintain the unimproved surface.
Dennis Stueve questioned how he would be required to restore the alley (where
it would be excavated) if he has his sewer service line replaced. He
questioned if it would have to be restored to bituminous standards.
Ross Rieke felt it would have to be restored to standards if the City does
the project.
Roger Beuning indicated he does not want the improvement on the East-West
alley.
Mark Hoeschen questioned the depth of the proposed mat on the streets.
Response - It will be about two inches at the center and one and one half at
the edge. When Beuning asked how long it was expected to extend the life of
the street, the engineer responded, eight to twelve years.
Duke Hewitt stated there are weeds growing through the road and curb in some
places.
Ken Heinen stated the snow plow tears out curb in this area each year.
. Certainly this project will damage the curb unless you stay at least 12
inches away from it.
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Mark Hoeschen ~questioned the amount of damage that may be done to the
existing curbjith milling close to it.
Ross Rieke stated an alternative to the existing curb issue is to do a major
project, including concrete curb and gutter to replace the bituminous curb.
Rieke further questioned if the people wanted to wait a few years and do a
total reconstruction project with curb and gutter and drainage.
Dave Douvier questioned if the East Minnesota street improvements that extend
on to 5th Avenue are part of that project. Response - Drainage on the East
Minnesota Street project required some work on 5th Avenue SE by Minnesota
street.
Mayor Reber stated that a decision does not have to be made tonight. Further
consideration appears necessary.
As there were no further questions or comments on the proposed project, Mayor
Reber closed the hearing.
Loso made a motion to table the Street Overlay Improvement project, until
consideration of the following: stability of the existing curb; a study of
the cost comparisons of total reconstruction and life expectancy with overlay
costs, new curb and gutter; and drainage issues may be prepared by the City
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Engineer; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. 4IÞ
Nayes: None. Motion carried.
Dennis Stueve agreed to circulate a petition for the proposed alley
improvement, among the affected property owners.
BILLS PAYABLE: Hiemenz made a motion to approve the bills payable check
numbers 22668 - 22805 as presented by Deputy Clerk Judy Weyrens¡ seconded by
Ehlert.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
Hiemenz made a motion to approve the overtime and call outs as presented¡
seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
TREASURER'S REPORT: Weyrens presented the second quarter Treasurer's Report.
Loso made a motion to accept the report as presented; seconded by Ehlert.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
MAYOR REPORTS: No report.
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MEMBERS OF THE,COUNCIL REPORT
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RIEKE: No repprt.
EHLERT: No report.
LOSO: 1) Loso received many phone calls from residents on the east end of
the City stating they were unable to hear the emergency siren during the
recent tornado warning.
2) The sidewalk from Birch street to Ash Street on First Avenue NW needs to
be replaced. Council was generally agreed to have Loso get cost quotes for
replacement of this sidewalk (about 2,500 s.f.) and bring them to the Council
for consideration.
3) People have asked if the City would consider allowing the block of
Minnesota Street adjacent to the parish grounds to be used for activities in
conjunction with the 4th of July Festival, in order to relieve some of the
congestion on the parish grounds. The adjacent side streets could be blocked
off to traffic. Council had short discussion on the need to provide a fire
lane, and other safety issues.
4) Loso received several complaints about the safety of a squad car parked on
Highway 75 with the lights off. They felt it was a hazard. 4IÞ
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HIEMENZ: 1) Hiemenz received calls and letters concerning the ordinances
4IÞcontrolling rental units. They felt the ordinances should be used equitably
across the board. Rental units other than student rentals should get equal
treatment for ordinance violations.
2) Hiemenz stated a caller expressed concern that the City Attorney is an
alumnus of St. John's and on the Alumni Board, and making recommendations to
the City on student issues. The caller felt this is a conflict of interest.
Mayor Reber stated the City is working with the Colleges to resolve student
issues. John Scherer indicated he has tried to use his position to help
influence the University to exercise student control.
CITY ENGINEER REPORTS
EAST MINNESOTA STREET IMPROVEMENT PROJECT: Tom Herkenhoff of SEH, presented
Application for Payment Number 2, for the East Minnesota Street project, to
Mid-Minnesota Concrete & Excavating for $152,326.32. Hiemenz made a motion
to approve the Application as presented; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
THIRD AVENUE NE IMPROVEMENT: Stapleton presented a Petition to the Council
requesting the construction of water main and services, sanitary sewer and
services, bituminous surfacing, and concrete curb and gutter for the section
from Ash Street E to County Road 75. Also included is approximately 100 feet
of the adjacent alley.
. Loso made "ã~:motion to accept the petition and approve a resolution
Authorizing'th~ Public Improvement, waiving a public hearing because 100% of
the affected Rroperty have executed a petition requesting the improvement,
ordering the improvement, and authorizing the City Engineer to proceed with
the plans and specifications; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
STREET LIGHT - THIRD AVENUE NE: Ehlert made a motion to approve installation
of a street light at the northwest corner of Third Avenue NE and the alley
north of Ash Street. The motion was seconded by Loso.
Ayes: Reber, Rieke, Loso, Hiemenz~ Ehlert.
Nayes: None. Motion carried.
Ehlert made a mot ion to recess at 8:35 P.M. for ten minutes; seconded by
Loso.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:47 P.M.
COMMITTEE REPORTS
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OUTDOOR LIQUOR: Ehlert reported the committee has reviewed the propos.
amendment to the liquor ordinance allowing and controlling the sale a.
consumption of liquor outside the confines of the licensed building, and an
application form for such permit. Ci ty Attorney John Scherer further
discussed controls and recommendations. Council agreed to place this matter
on the consent agenda for the next meeting.
CONTROL OF SALE OF TOBACCO: Rieke discussed the revised proposed tobacco
ordinance. The Council agreed to send a draft copy of the revised ordinance
to the cigarette license holders and other interested persons. This matter
shall be placed on the next agenda.
PERSONNEL COMMITTEE: Rieke reported the committee recommended a reasonable
revised policy for use of accumulated holiday hours. The committee
recommended and Rieke made a motion to approve the following:
All employee accumulated holiday hours must be used within six months of
earning the hours; seconded by Ehlert. Discussion - If the hours are
not used within that time frame the requirements of the personnel policy
would be in effect, i.e. without special Council permission the hours
would be lost.
The motion was seconded by Ehlert.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
FIREWORKS PERMIT: Fire Chief Dave Theisen informed the Council about tØIÞ
College of ·~§t.c Benedicts celebration plans for dedication of the Haehn
Student Center~and installation of the new college president. They plan to
have a firewor~s display and need to make application to the City Clerk to
comply with the laws. Theisen presented a sample application for display of
fireworks and indicated he would require a fire truck along with sufficient
personnel at the fireworks display. The permit also allows a fee to cover
administrative costs. Mayor Reber made a motion to waive the fee and all
fire department costs as a continued effort of cooperation with the college.
The motion was seconded by Rieke. Discussion - Council requested a
compilation of the Fire Department costs and any other costs in relation to
this permit. Hiemenz clarified that the fee waiver is for this event only.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
MARK TWAIN FRANCHISE RENEWAL: Steve Johnson, Mark Twain Cable Company
manager, appeared before the Council to request the Council begin the process
of renewing the franchise. Hiemenz indicated the City may wish to open the
franchise up to other cable systems. Johnson indicated the need to begin
this process now in order to secure long range control prior to any upgrading
of the system. He also indicated St. Joseph is the hub of the outlying cable
systems, due to the location of the receiving equipment. He stated
additional channels will be added due to requests and the rates will increase
$2.00 September 1st. Johnson then presented an ordinance renewing a.
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extending the term of a cable television franchise and requested the Council
. consider it. Johnson also introduced Melvina Gillespie, Cablecomm's
Minnesota Marketing Director.
CLERK/ADMINISTRATOR REPORTS
COMMUNITY EVENTS SIGN: Rich Feneis is in the process of getting advertising.
Over half of it will be from St. Joseph businesses.
CAPITAL OUTLAY - POLICE DEPARTMENT: At a recent meeting of City Officials it
was generally felt a camcorder would be a beneficial asset for the Police
Department. Council tabled the matter for the Police Chief to gather and
bring costs to the Council.
WORKERS COMP DEDUCTIBLE: Rieke made a motion to approve a $500 deductible,
for medical claims for each occurrence for workers comp; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
wATER TREATMENT FACILITY: Stapleton presented an invoice from BenTec for
$23,872 for the SCADA control system and recommended approval of the full
amount but allowance to release payment in increments as agreed on with the
Engineer. Rieke made a motion to approve payment as recommended; seconded by
Hiemenz.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
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OPEN TO THE 'PUB~IC: Linda Sniezek brought up rental housing issues and will
discuss this ~tter further later in the meeting.
Mark Zimmer would like rental housing representatives at the Summit meetings
with CSB representatives, SJU representatives, the Mayor, and Police Chief
along with East Ash Street resident representatives. On Zimmer agreeing to
be that representative, Mayor Reber agreed to invite him to the next meeting.
There were questions on the East Minnesota Street sidewalk and clarification
that the City will do year around maintenance on the sidewalk. When asked
why the Council reversed it's decision to omit them, Mayor Reber indicated
the public outcry required reversing the decision and allow installation of
sidewalks.
Steve Frank felt there is not enough information on the agenda and that it is
not complete. He felt the items should be more descriptive and complete.
Steve Frank also recommended allowing the rental housing issues to percolate
for a couple months prior to making any decision.
WATER TREATMENT FACILITY IMPROVEMENT PROJECT: Dick Taufen discussed the
status of the water treatment facility project. He introduced a proposal
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with two options for a bridge over the backwash pumps. Options for steel a.'
aluminum structures were presented. Aluminum is the material of choic
Dick is seeking quotes from a local contractor for a competitive quote for
aluminum. When he receives that quote he will bring it to the Council.
Taufen also presented a change order request for rewiring the fire hall range
to comply with current electrical codes, cost $231, and to Update de-icing on
roof to comply with current electrical code, cost $142. Loso made a motion
to approve the change orders as presented for rewiring; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
Mayor Reber extended the meeting 30 minutes at 10:00 P.M.
KEG, NUISANCE AND HOUSING ORDINANCES: Linda Sniezek expressed the need for
time for the landlords to work on this issue. She expressed that the
landlords felt they are being treated unfairly in this matter. Mayor Reber
expressed the need for the landlords to work with the City on controlling
these matters. Strong lease agreements were discussed, and the landlords
stated most of them use the same strong lease.
Jim Schwegel questioned if these matters only apply to rental properties, and
what would happen if an owner occupied property would violate these
ordinances. The City Attorney explained the allowances the rental ordinance
and permits give the city.
John Gamades expressed concern about what constitutes a noise violation. 4IÞ
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Jeanette Pfànn~nstein indicted a copy of the final agenda could be posted
prior to the méeting.
Ross Rieke questioned if the Council would consider a town meeting on this
matter. Council was in general agreement to hold a "town meetingll on August
28 for residents, landlords, college officials, student representation and
all interested persons.
Council will be receiving the first draft of the budget and agreed to hold a
budget working meeting on August 6.
ADJOURN: Loso made a motion to adjourn at 10:30 P.M.; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert.
Nayes: None. Motion carried.
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Rachel Stapleton
Clerk/Administrator
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· v~ CITY OF ST. JOSEPH
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1 First Avenue NW
.0. Box 668,
L Joseph, MN 56374
;12) 363-7201
ax: 363-0342 MEMO
AYOR
onald "Bud" Reber DATE: August 8, 1996
TO: Election Judges
LERKI
DMINISTRATOR FROM: Judy
lchel Stapleton
RE: Election - 1996
OUNCILORS Please find below a list of election judges for
)SS Rieke the upcoming election sorted by precinct. Also please
)b Loso remember Election Judge Training will be on Monday,
~n Hiemenz August 12, 1996 at 2:00 p.m. at the City Hall. If you
)ry Ehlert have any questions, please contact me. ,
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· Precinct # 1 --i. .,~_- .~
Mary Generous 363-7201
Doris Johnson 363-4215
Rudy Gapko 363-7787
Elaine Imholte 363-8624
Tillie Wasner 363-8820
Carol Trinklein 363-1323
Precinct #2
Judy Weyrens 363-7201
Adeline Gillitzer 363-7657
Claudette Klein 363-7668
Leander Meyer 363-7665
Dorothy Sadlo 363-7659
Marcella Gill 363-7721
Precinct #3
Rachel Stapleton 363-7201
S. Kathleen Kalinowski 363-7168
Marge Lesnick 363-7574
Lorraine Taufen 363-7970
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. AMENDMENT TO ORDINANCE 71. LICENSING AND REGULATION OF
CONSUMPTION OF INTOXICATING LIOUOR
The City Council for the City of St. Joseph hereby RESOLVES that Section 71.11,
Subd. 6, of the Code of Ordinances is rescinded and the following enacted in its place:
Subd.6: Temporary Outside Liquor Permit.
a) Notwithstanding the provisions of Section 11, Subd.'s 2, 3 and 4 herem, a licensee
shall be allowed to sell intoxicating liquor and may allow persons to possess and
consume said intoxicating liquor outside of the building of an "on-sale" business,
pursuant to a special permit from the City. Each permit issued by the City shall be
applicable for a single designated period not to exceed 48 hours. Application for
permit must be made to the City Clerk at least thirty days prior to the date for
which the permit is to apply. Application shall be on a form prescribed by the City
Council. Application shall be made in the name of licensee, and the licensee
assumes full responsibility for any violation of the terms of the permit, this
Ordinance or other law resulting from acts or conduct occurring on the licensed
premises at the time the permit is in effect. Application for a permit shall be
accompanied by a permit fee established and amended from time to time by Council
resolution. The fee is non-refundable.
. b) Upon receipt, the Clerk shall forward the application to the Chief of Police for
review, comment and recommendation. Upon completion of police review, the
application shall be considered by the Council at a public meeting. Prior to meeting,
the applicant shall notify the owners of property adjacent to the location of the
proposed outside liquor of the pending application.
c) At the meeting, the Council may either deny or grant the permit and establish
reasonable conditions and regulations controlling the permitted activities.
When considering a permit request, the Council shall consider the following factors:
(i) Protection of the peace and repose of the residents of the City.
(ü) The safety of City residents and their property.
(ill) The reasonable concerns of City residents within the vicinity of the
proposed activity.
(iv) The nature of the activity proposed and the manner in which the licensee
intends on controlling the activity.
(v) The general land use of the surrounding neighborhood.
(vi) Past experience with events of a similar nature and events held by the
applicant.
(vü) Recommendations of the Police Department relative to public safety, law
enforcement and the creation of disturbance.
(vüi) Whether the event is one of general community interest or is in the nature
of a civic event.
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d) In granting a permit for temporary outside liquor, the Council shall establish .
reasonable conditions to protect public health, safety, repose and property. The
conditions established by the Council may include, but are not limited to, the
following:
(i) Limitation of the time of outside activities.
(ü) Limitation of the specific activities permitted.
(ill) Require measures to limit or regulate noise.
(iv) Limit the number of participants.
(v) Require the licensee to provide special security.
(vi) Make special provisions for additional parking.
(vü) Dictate cleanup of area.
e) In addition to those stated in the permit, all temporary outside liquor permits shall
be subject to the following terms and conditions:
(i) Outside liquor shall only be allowed in an area adjacent to the licensed
premises.
(ü) Ingress and egress to and from the area in which liquor is served,
consumed or possessed must be effectively controlled by a fence, tent wall,
building or other structure.
(ill) The licensee, his/her agents or employees shall supervise the activities or
persons within the outside liquor area for the purpose of enforcing the .
state and local liquor laws, and controlling ingress and egress to the area.
(iv) No live or recorded music may be played within the outside liquor area
after 9:30 p.m., unless the source of the music and all speakers or
amplifiers are enclosed within a tent having walls and a roof.
(v) The permitted outside liquor area shall not cause an obstruction of a public
street, alley or sidewalk, unless specifically permitted by the Council.
This Amendment shall be effective upon approval and publication. Adopted this
_ day of August, 1996.
Mayor
Clerk
N: \ ci¡Y\sljoe \ aKfll '196.251
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· , 0(- -- - -...
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- APPLICATION FOR TEMPORARY OUTSIDE LIOUOR PERMIT
Fee: $
Date Paid:
I. Name of applicant:
2. Address of licensed premises:
3. Date of outside activity: From to
month/day/time month/ day/time
4. The activity to occur will consist of:
5. The area designated for outside liquor will not exceed square feet.
6. Ingress and egress will be controlled by:
7. A tent _ willi _ will not cover the area.
· 8. The estimated number of people attending will be
9. The number of employees working at the time of the event will be
10. The activities which may create noise, other than general conversations, are the following
II. The following steps will be taken to reduce noise:
12. This type of event _ has / _ has not occurred in the past.
13. Additional security will be retained by the licensee in the form of
14. The licensee will take these additional measures for the protection of the public health,
safety and repose:
a.)
b.)
c.)
· Date Signature of Applicant
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This application was reviewed by an offer of the St. Joseph Police Department on
. The Department recommends that the Council:
- Disapprove the application because:
- Approve the application with the followings terms and conditions in addition to
those set forth in the application:
Signature of Officer
.................................................................................................. --............................ --........................................................................................................................................................-
This application came before the St. Joseph City Council on . Based upon
the information and evidence presented, the Council hereby resolves: .-
-
- The application is granted subject to the terms and conditions set forth in the
application and recommended by the Police Department as hereafter modified: _
- The application is denied based upon the following findings:
Mayor
Clerk/Administrator
1-1: \ Clty\ SlJoe \ .1071296.252
.
. i'
Alvin M. Kern
Duane N. DeWenter
Loren M. Viere
Gerald A. Stover
~ ===r Kern, DeWenter, Viere,Ltd. DwayneK~W;':k;~~~
. _~V Certified Public Accountants DavW H. H;nnenkamp
6, 1996
Ms. Rachel Stapleton
City Administrator/Clerk-Treasurer
City of, St. Joseph
P.O. Box 668
St. Joseph,MN
Dear Ms. Stapleton:
We are prepared to audifthè. City' s general purpose financial
statements as of and for the year ending December 31, 1996, subject
to the City Council's approval.
. .
Our é .udit. will bemð.dê·in accordance with generallyÇ,' accepted
- auditing stEuìdai'ds 'aridwilJinclùde'tests of the account:fng Œecords
_ of the:_City'of,St.JosePXland.õther procedureS. ,as w~~...g.oÍlsider
necessary to enable us to express an unqualifiedopinion'that the
financial' statements ',' årefairly presented, in all material
respects,' in, conformit~. with g~nerally acc~pted accounting
principles. If our opinionls other than unqualified, we will
fully discuss the reasons with you in advance.
Our procedures will include tests of documentary evidence
supporting ,the transactions recorded in the accounts, and may
include tests of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and
liabilities by correspondence with selected individuals, creditors
and banks. We will request written representations from your
attorneys as part of the engagement, and they may bill you for
responding to this inquiry. At thé conclusion of our audit, ·we
will also request certain written representations from you about
the financial statements and related matters.
An audit is based primarily on the selective testings of accounting
records and related data; therefore, our audit will involve
judgment about the number of transactions to be audited and the
areas to. be tested. Because we will not perform a detailed audit
of all tr?nsactions,' t,her~, is a risk that· material errors,
irregularities, . oril)..egal acts ,including fraud. or defalcations,
may èxiSt 'and not'be" detected by us ~We will advise you, however
- of any matter's ot" thât'natûfè that come to our attention. Our
- responsibility asà.u(:Ü.~õrs is ~iimited - to the period' èovered by our
audit and does not extend to matters ,that might' arise during any
later periods for which we are not engaged as auditors.
220 Park Avenue South P.O. Box 1304 St. Cloud, MN 56302
320-251-7010 FAX 320-251-1784
·
-
City of St. Joseph -
August 6, 1996
Page 2
We understand that you will provide us with the basic information
required for our audit and that you are responsible for the
accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and
will assist in the preparation of your financial statements, but
the responsibility for the financial statements remains with you.
This responsibility includes the maintenance of adequate records
and related controls, the selection and application of accounting
principles, and the safeguarding of assets.
Ttle understand that your employees will t}'Pe all cash or other
confirmations and prepare varioUs schedules we request and will
locate any invoices selected by us for testing.
Our charges for these services will be based on the time of -
partners and staff members participating in the engagement, but
will not exceed $ 7,150. If at any time during our audit, any
extraordinary matters come to our attention and an extension of our
services appears to be required, we will do so oply after
consultation with you.
;<; ,
If these meet with your approval, pleas~~~ign the -
arrangements
duplicate copy of this letter in the space provided and return it -
to us. Thank you.
Sincerely,
Accountant
DH:rn
Enclosures
Approved:
Date:
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AU9 1996 81 lis Pwablf Pag~ ¡
n 3:12 PM City of St. Josqph
h. August 15, 1996
Transaction Depart
ßber Narne Comments Amount Description Fund
2634 AIR COMM OF ST. CLOUD telephone repair 15.00 Communication Service 101
2834 AIR COMM OF ST. CLOUD radio repair 28.14 Fire Communications 105
?635 AMERICAN PAGING pager 16.99 Communication Service 101
?836 AT & T long distance 5.30 Maint Shop 101
?836 AT & T long distance 5.30 Salaries & Adminstrative 101
~836 AT & T long distance 5.49 Communication Service 101
~836 AT & T long distance 10.98 Communication Service 101
~837 AT & T WIRELESS SERVICES cellualr phone, police 75.47 Communication Service 101
~838 BENTEC ENGINEERING partial payment, SCADA 10,000.00 Power and Pumping 414
~839 BILL WASNER'S SALES & SERVICE trailer rent (2 months) 100.00 Power and Pumping 414
~839 BILL WASNER'S SALES & SERVICE brake cable 15.98 Park Areas 101
:839 BILL WASNER'S SALES & SERVICE rags 24.28 Fire Fighting 105
-:40 BRE MIX manhole covers 42.60 Sanitary Sewer Maintenance 602
:41 BROWNING-FERRIS INDUSTRIES dumpster removal 93.77 Park Areas 101
841 BROWNING-FERRIS INDUSTRIES dumpster removal 367.48 Park Areas 101
841 BROWNING-FERRIS INDUSTRIES refuse removal 5,704.00 Waste Collection 603
::41 BROWNING-FERRIS INDUSTRIES refuse removal 93.77 Administration and general 602
_42 CELLULAR 2000 cellualr phone 40.76 Park Areas 101
::42 CELLULAR 2000 cellular phone 0.30 Fire Communications 105
-43 CENTRAL MCGOWAN medical oxygen 15.20 Medical Services .-0:.105
-44 CITY OF ST. CLOUD sewer use, July 5,012.74 Sewage Treatment Plant ,"602
-€
~OLD SPRING VETERINARY CLINC dog boarding, euthanasia 259.00 Animal Control i.: .101 '
_' ONNOR, CINDY summer rec supplies 39.14 Participant Recreation iO-1~'
'47 EICK'S FAMILY BIKES 2 bikes, door prizes 213.00 Participant Recreation 101
148 ENFORCEMENT PRODUCTS shirt, Brunner 47.99 Crime Control & Investigation 101
-49 ERKENS ALL SEASONS SERVICE cleaning services 138.45 City Hall Annex 101
::49 ERKENS ALL SEASONS SERVICE cleaning services 138.45 City Hall 101
ì50 FEED-RITE CONTROLS water tests 12.00 Purification 601
350 FEED-RITE CONTROLS sewer tests 80.00 Sewage Treatment Plant 602
351 FIRST STATE BANK collection fee 7.65 Administration and General 601
351 FIRST STATE BANK collection fee 7.65 Administration and general 602
~51 FIRST STATE BANK collection fee 7.65 Waste Collection 603
~52 GLENCOE UNIFORMS uniforms, Fischer 368.29 Crime Control & Investigation 101
¡53 HIEDEHAN, DAVID cooking club supplies 17.25 Participant Recreation 101
153 HIEDEMAN, DAVID fil~, developing 9.66 Participant Recreation 101
154 HONER RENTAL SUPPLY Tipped blade 65.00 Fire Fighting 105
155 HULS, MARY refund, tennis camp 10.00 101
56 LEE'S ACE HARDWARE repair supplies 4.52 Fire Fighting 105
56 lEE'S ACE HARDWARE repair supplies 102.25 Haint Shop 101
56 LEE'S ACE HARDWARE repair supplies 4.92 Crime Control & Investigation 101
56 LEE'S ACE HARDWARE repair supplies 46.84 Park Areas 101
56 LEE'S ACE HARDWARE r epa i r supplies 14.72 Administration and General 601
56 LEE'S ACE HARDWARE repair supplies 13.76 Sewage Treatment Plant 602
57 LEEF BROS floor runner 9.96 City Hall 101
57 LEEF BROS floor runner 4.98 City Hall Annex 101
57 LEEF BROS clothing allowance 47.86 Street Maintanence 101
~1 I EEF BROS clothing allowance 15.95 Administration and General 601
~EF BROS clothing allowance 15.95 Administration and general 602
5Tr:OSO'S STORE summer ree supplies 5.41 Participant Recreation 101
59 lUCENT TECHNOLOGIES telephone line relocation 358.00 Power and Pumping 414
12 Aug 1996 Bills Payable Page 2
~IO n 3: 12 PH City of St. Joseph ,
August 15 1996
Check Transaction Depart .
Number NaM Comments Amount Description Fund
22860 NORTHERN STATES POWER street lighting 1,391.02 Street Lighting 101
22B61 OFFICE MAX office supplies 253.69 Salaries & Adminstrative 101
22862 PERA life insurance 12.00 Crime Control & Investigation 101
22862 PERA life insurance 9.00 Street Maintanence 101
22862 PERA life insurance 9.00 Sanitary SeHer Maintenance 602
22B63 PETERSON PAINT street paint B.77 Street Maintanence 101
22864 POSTMASTER postage 80.00 Participant Recreation 101
22864 POSTMASTER postage 80.00 Salaries & Adminstrative 101
22864 POSTMASTER postage 13.75 Salaries & Ad~instrative 101
22%4 POSTMASTER postage SO.OO Administration and general 602
22865 RAJKOWSKI HANSMEIER LTD legal fees, general 2,060.00 City Attorney 101
22865 RAJKOWSKI HANSMEIER LTD legal fees, criminal 2,011.41 Crime Control & Investigation 101
22866 RASSIER, AL rental housing inspection 339.50 Building Inspec. Ad~istration 101
22867 RENGEL PRINTING business cards, Fischer 44.67 Crime Control & Investigation 101
22868 SEH general engineering 600.75 Engineering Fee 101
22868 SEH engineering, Roske improv 1,118.35 Facilites and Planning 416
22868 SEH engineering, EAst MN Stre 17,505.67 Street Maintanence 415
22868 SEH engineering, Industrial P 1,521.00 Industrial Development 101
22868 SEH engineering, realign 133 1,285.43 Industrial Development 101
22868 SEH engineering, water rehab 2,074.25 Power and Pumping -,414
22869 SOUTHAM BUSINESS COMMUNICATION bids, seal coating 94.50 Street Maintanence ;" 106
.-
22869 SOUTHAM BUSINESS COMMUNICATION bids, well number 5 75.60 Power and Pumping ~: 414 ' .
22870 ST. CLOUD REFRIGERATION forklift cage 487.82 Fire Fighting 105'
22B71 ST. CLOUD TIMES 96 overlay publication 29.26 Street Maintanence 106
22871 ST. CLOUD TIMES 96 sealcoat publication 62.37 Street Maintanence 106
22871 ST. CLOUD TIMES bids, park trail 77.00 Park Areas 101
22871 ST, CLOUD TINES bids, well 15 publication 50.82 Power and Pumping 414
22872 ST. JOE MEAT HARKET, INC summer rec supplies 74.62 Participant Recreation 101
22873 ST. JOSEPH FIRE DEPARTMENT lake region meeting 33.50 Fire Training 105
22874 ST. JOSEPH NEWSLEADER park laborer ad 15.75 Park Areas 101
22875 5i. JOSEPH POLICE OFFICERS FED federation dues - April 100.00 Cri~e Control & Investigation 101
22875 ST. JOSEPH POLICE OFFICERS FED federation dues - Hay 80.00 Crime Control & Investigation 101
22575 ST. JOSEPH POLICE OFFiCERS FED federation dues - June 80.00 Crime Control & Investigation 101
22875 ST. JOSEPH POLICE OFFICERS FED federation dues - July 125.00 Crime Control & Investigation 101
2287& STEARNS COOPERATIVE ELEC. ASSN street lighting 24&.20 Street Lighting 101
22877 STEARNS COUNTY SHERIFF'S DEPT. ticket books 22.50 Crime Control & Investigation 101
22878 SUPER AMERICA gas 39.35 Street Maintanence 101
22878 SUPER AMERICA gas 39.35 Park Areas 101
22878 SUPER AHERICA gas 39.35 Administration and General &01
22878 SUPER AMERICA gas 39.35 Administration and general 602
22878 SUPER AMERICA gas 326.73 Auto!otive Services 101
22878 SUPER AMERICA gas 31.39 Street Cleaning 101
22580 TRUSTEE INDUSTRiAL FUND health insurance 610.41 Salaries ! Ad~instrative 101
22880 TRUSTEE INDUSTRIAL FUND health insurance 301.35 Accounting 101
22880 TRUSTEE INDUSTRIAL FUND health insurance 1,739.75 Crime Control! Investigation 101
22880 TRUSTEE INDUSTRIAL FUND health insurance 395.16 Street Haintanence 101
22580 TRUSTEE INDUSTRIAL FUNO health insurance 127.5& Park Areas 101
22880 TRUSTEE INDUSTRIAL FUND health insurance 665.44 Administration and General 601 .
22880 TRUSTEE INDUSTRIAL FUND health insurance 419.63 Sewage Treatment Plant 602
22880 TRUSTEE INDUSTRIAL FUND dental insurance 52.26 Salaries! Adminstrative 101
.~.
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'ug...1996 Bi lls Payabl~ Page 3
3:12 PM City of St. Joseph
- August 15, 1996
Transaction Depart
)er Name Comments Amount Description Fund
380 TRUSTEE INDUSTRIAL FUND dental insuranc~ 15.49 Accounting 101
380 TRUSTEE INDUSTRIAL FUND dental insurance 176.18 Crime Control & Investigation 101
380 TRUSTEE INDUSTRIAL FUND d~ntal insurance 30.39 Street Maintanenc~ 101
380 TRUSTEE INDUSTRIAL FUND dental insurance 15.49 Park Areas 101
380 TRUSTEE INDUSTRIAL FUND dental insuranc~ 65.63 Administration and G~n~ral 601
380 TRUSTEE INDUSTRIAL FUND dental insurance 43.75 Administration and general 602
380 TRUSTEE INDUSTRIAL FUND li f~ insuranc~ 15.62 Salaries & Adminstrativ~ 101
380 TRUSTEE INDUSTRIAL FUND life i nsur ance 3.25 Accounting 101
380 TRUSTEE INDUSTRIAL FUND life insurance 29.25 Crime Control & Inv~stigation 101
380 TRUSTEE INDUSTRIAL FUND life insurance 13.00 Street Maintanence 101
380 TRUSTEE INDUSTRIAL FUND life insurance 2.50 Park Areas 101
380 TRUSTEE INDUSTRIAL FUND life insurance 15.63 Administration and General 601
380 TRUSTEE INDUSTRIAL FUND lif~ insurance 7.50 Administration and general 602
381 US WEST COMMUNICATIONS telephone service 17.30 Power and Pumping 601
J81 US WEST COMMUNICATIONS tel~phon~ s~rvice 17.30 Sewer Lift Station 602
381 US WEST COMMUNICATIONS telephone service 17.30 Purification 601
j81 US WEST COMMUNICATIONS telephone s~rvic~ 48.09 Communication Service 101
181 US WEST COMMUNICATIONS telephone service 241.03 Communication Service 101
;81 US WEST COMMUNICATIONS t~lephon~ s~rvic~ 48.09 Sewage Treatment Plant 602
381 US WEST COMMUNICATIONS telephone service 60.10 Maint Shop :.,J 0 1
381 US WEST COMMUNICATIONS telephone service 60.10 Administration and general (602
<
i~ WEST COMMUNICATIONS telephone service 48.09 City Hall t 101 .
i WEST COMMUNICATIONS telephone service 54.10 Fire Communications i.%'
381 US WEST COMMUNICATIONS telephone service 193.22 Salaries & Adminstrative 101
382 WALZ, DAViD & LISA refund tennis camp 10.00 101
183 ZEP MANUFACTORING cleaning solvents 92.62 Park Areas 101
.
Over Time & Callouts
July 26 to August 8, 1996
Ray Bechtold Rachel Stapleton
Comp Balance 0.00 hrs 08-01-96 4.00 hrs Council Mtg .
Vacation Balance 121.00 hrs
Comp Balance 20.50 hrs
Steven Fischer Vacation Balance 84.00 hrs
07-30-96 4.00 hrs MN Law Update
Mike Sworski
Camp Balance 0.00 hrs
Vacation Balance 0.00 hrs 08-03-96 2.00 hrs weekend work
Holiday Balance 10.00 hrs 08-04-96 2.00 hrs weekend work
Mary Generous Camp Balance 0.00 hrs
Vacation Balance 32.00 hrs
Camp Balance 17.50 hrs
Vacation Balance 112.00 hrs Dick Taufen
Jean Gustin 08-01-96 2.00 hrs Counc il Mtg
07-31-96 2.00 hrs Court comp Balance 102.00 hrs
Vacation Balance 208.00 hrs
Comp Balance 37.00 hrs
Vacation Balance 90.00 hrs
Holiday Balance 32.50 hrs Judy Weyrens
-
Brad Lindgren 08-05-96 1.50 hrs Planping Com
Camp Balance 66.50 hrs Comp Balance 83.50 ·hrs .
Vacation Balance 112.50 hrs Vacation Balance 134.00 hrs
Holiday Balance 10.00 hrs
Jeff Young
Brad Meyer
08-06-96 2.00 hrs Court
Comp Balance 11.75 hrs 08-03-96 1.00 hrs medical call
Vacation Balance 140.00 hrs
Holiday Balance 10.00 hrs Comp Balance 92.00 hrs
Vacation Balance 50.00 hrs
Holiday Balance 00.00 hrs
Jim Marthaler
Dean Cichy
08-27-96 2.00 hrs Weekend work
08-28-96 2.00 hrs Weekend work 08-07-96 2.00 hrs Court
08-19-96 1.00 hrs Finish arrest
Comp Balance 39.00 hrs
Vacation Balance 126.00 hrs Comp Balance 24.00 hrs
Holiday Balance 4.00 hrs Holiday Balance 68.00 hrs
.
, AUG-' 8-96 THU 13: 25 RAJKOW~KI HANSMEIER LTD FAX NO. 6122515896 P, 02
.
ç'
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AMENDMENT TO ORDINANCE 65 . Draft 2 . 8{07/96
The City Council for the City of St, Joseph hereby ordains that Ordinance 65 of the
Code of Ordinances is hereby rescinded and the following enacted in its place:
~
ORDINANCE 65; REGULATION OF TOBACCO SALES
Section 65.01: DEFINITIONS. For purposes of this Ordinance, the following terms ~haI!
be defined in this manner:
Subd. 1: Tobacco: IITobacco" means cigarettes; cigars; cheroots; stogies; perique;
. granulated, plug cut, crimp cut, ready rubbed. and other smoking tobacco; snuff; snuff flour;
cavendísh; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such
. manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices.
Subd,2: ThbacCQ·Rela.t~d Devices: "Tobacco-Related Devices'i means cigarett.es papers or
pipes for smoking.
Subd.3: §.elf·Service Vending Machines: IISeIf-Service Vending Machincs1l are mechanical
devices, which are accessible to the public and dispense for sale tobacco without the need of
a.ssista.nce by or the intervention of an employee of the license holder.
Section 65.02: IJCENSE. No person shall keep for retail sale, sell at retail or otherwise
dispose of any tobacco at any plaoe in the city without first obtaining a license from the City. Every
person applying for a license to sell at retail any tobacco shall certify on the annual license
application that the person has implemented a training program for employees regarding laws
relating to the sale of tobacco and has trained all e.mployees to comply with $tate.laws r~gardiijg the
sale of tobacco and tobacco-related products. Every license shall be conspicuously posted at the
place for which the license is issued and shall be exhibited to any person upon request.
Section 65.03: LICENSE FEE. The fee for eve.ry lic.e.nse shall be. the amount as
established by resolution of the City Council, and as from time to time modified by council
resolution. Every license shall expire on December 31 of the year for which it is issued, If the
license applicant is blind, the license fee shall be waived in accordance with Minn. Stat. §461.12,
Section 65.04: TRAT1\'1NG PROGRAM. Every licensee shall have in effect a train.ing
. program for employees that instructs them about the law prohibiting the sale of tobacco to minors,
related civil and criminal penalties and the licensee's policy regarding the sale of tobacco products.
Section 65.05: SIGNAGE. Every person issued a license shalt post in a. conspicuous place
signs informing the public that tobacco will not be sold to minors.
, . --
> Section 65.06: ~\.LES OF TQBA.cCO PRODUCTS.
....,
Subd. 1: Undera~e Sale. No person shall sell, offer for sale, give away, furnish, or deliver
. any tobacco-related product to any person unde.r eighteen (18) years of age,
Subd. 2: ~lf.:£~C~. Tobacco may be sold by means of self-service merchandising provided
that the self-service displays are located within the line of sight and immediate vidJ1Jty of a
responsible employee so that the displays ca.n be monitored,
Subd.3: Self-Service Vending MachineB, No tobacco may be sold by self·::;ervke vending
machines, except where ;.ocated in a. building licensed for on-sale purchase of alcoholic beverages.
Section 65,07; ~IY1T-, PENALTIES.
Subd. 1: Penalt\:. Upon a violation by a licensee holding a retail tobacco license of any
provision of this ordina:'1ce or any provision of a state law regulating the sale or furnishing of
tobacco to minors, the City Council may impose civil penalties on the licen$ee in accordance with
the schedule set forth below:
1st violation within the licensing year: Civil fine ()f up to $100.00.
2nd violation within the licensing year; Civil fine of up to $200.00
3rd violation within the. licensing year: Civil fine of up to $400.00.
4th violation within the-licensing year: Suspension or revocation of license.
Subd,2: Waiver, The City CouncH may reduce or waive the penalty on the licensee for the
sale of tobacco to persons under the age of 18 if the City Council finds that the person who made
. the sale participated in Ii training program.
Subd, 3: Defef1s,~. It is a defense to the charge of selling tobacco to a person under the age
of 18 years. that the licen ~ee or individual in making the sale requested, received and reasonably and
in good faith relied uron proof of age identification in the form of a driverJs license, state
identification card, pass:jort or military identification card.
Subd. 4: HeaïÌn~. No civil fine may be imposed against a licensee, nor license suspended
or revoked, until the City Council has conducted a public hearing after havmg first given the
licensee two weeks written notice setting forth the time and date of the alleged violation, and the
time, date and place of the public hearing. Any civil fine assessed against a liCQ,nSC0 pursuant to
this section must be paId in full within thirty (30) days from receipt of written notification of the
City Council impositior. of the civil fine. Failure of a licensee to pay the fine within that time
perilld shall result in license suspension until payment of the fine. Licensees who,5~, liGe·nses have
been revoked may not be issued a new license within sLx (6) months from the effective date of such
revocation.
Section 65.08: ÇOMPLIANCE CHECKS. The City shall conduct random, unannounced
inspections at all retail licensee locations to test compliance with state law. The inspections shall
be performed by the police department or other law enforcement agency.
Section 65,09; ;8RIMINAL PENALTY. Any person who violates any provision of this
ordinance is guilty of a misdemeanor.
. This Ordinance was passed by the City Council for the City of St. Joseph this _ day of
_, 1996.
Mayor
. .
. V RAJKOWSKI HANSMEIER LTD.
Attorneys at Law
Reply to: St. Cloud
ST. CLOUD August 7, 1996
11 Seventh A venue North
P.O. Box 1433
St. Cloud. MN 56302-1433 Mr. Daniel T. Zimmermann
320'251'1055 Attorney at Law
800'445'9617 P.O. Box 417
FAX 320'251'5896 Cold Spring, MN 56320
Re: City of St. Joseph - Noise Ordinance
MINNEAPOLIS Our File No. 17,693
2904 Plaza VII
45 South Seventh Street Dear Dan:
Minneapolis, MN 55402-1620
612'339'9206 I want to take an opportunity to briefly respond to your letter of August 1, 1996.
800'445'9617 "
FAX 320'251'5896 First of all, there have been no recent modifications to tlfe City Noise Ordinance.
. Likewise, there has been no change or amendment to the Housing Maintenance
Ordinance. The only change which has occurred has to do ,*ith' enforcement policy.
INTERNET ADDRESS There has been a change from an enforcement policy.
rajhan@cloudnet.com
Under the ordinance, a property owner is entitled to an evidentiary hearing before
any revocation or suspension of a license occurs. The hearing procedure is
FRANK J. RA/KOWSKI' t essentially the same which is provided to the holder of a liquor license under state
GORDON H. HANSMEIER law.
FREDERICK L. GRUNKE
THOMAS G. JOVANOVICH I am familiar with the case, Zeman v. City of Minneapolis which you cite in your
JOHN H. SCHERER correspondence. As I recall, the Appellate court found that there was not a taking
P.WL fl. RA/KOIVSKI t of property without due process in that case. The suspension of a rental license was
KEVIN F. GRAY affirmed. I know of no distinguishing facts between the procedure used by the City
WILU.4M J. CASHAL4N of Minneapolis and that which is applicable to the City of St. Joseph which would
RICHARD w. SOBAL~'ARRO lead to a different result.
BRIAN L. WIWAMS Dan, I wish to emphasize that the City Council does intend on working with the
BRIDGET M. UNDQl!/ST property owners to try to develop a comprehensive program to address citizen
concerns arising because of conduct occurring at rental properties. A number of
other proposals are being suggested, primarily aimed directly at the offending
JAMES H. KElLY. M.D., F.A.C.P. tenants as opposed to the landlords. The City strongly believes that any effective
MEDlC.~l CON5ULTA:'\! program also requires the assistance and participation of the landlords. For the
FRA~K J. RAIKOWSKIIS AD.\imED TO PRACTICE most part, this participation and assistance has been present. Unfortunately, this
1:"1 ='JORTH DAKOTA, cannot be said of 100 percent of the landlords.
. GoRDO" H. HANSMEJER
IS NORm DAKOTA AND WISCONS[N,
PALl. A. R..\JKO\O."SKIIN WISCONSIN
A."D WIlliAM J. C."HMAN l'< SoUTH DAKafA.
. ~1E\IBER OF A\iERICA..'"
BoARD OF TRIAL ADVOCATES.
t Qt:ALlRED ADR NEL"fRAL.
, ,
Mr. Daniel T. Zimmermann .
August 7, 1996
Page -2-
If I can provide you with any additional information regarding these issues, please give me a call.
Very truly yours,
RAJKOWSKI HANSMEIER LTD.
By
John H. Scherer
JRS jbaz
cc: Rachel Stapleton
L:\gen \17fin\ar0r0796.013
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· ORDINANCE OF THE TOWN/CITY OF ST. JOSEPH
AN ORDINANCE RENEWING AND EXTENDING THE
TERM OF A CABLE TELEVISION FRANCHISE
WHEREAS, the Town of St. Joseph (the "Municipality") has granted a franchise
to own and operate a cable television system in the Municipality by Ordinance Number
1984-A that was duly adopted on or about April, 1984 (the "Franchise"); and
WHEREAS, the Franchise and the rights and obligations thereunder are presently
held by Mark Twain Cablevision Limited Partnership, a Missouri limited partnership (the
"Franchisee"); and
WHEREAS the Franchisee has requested consent of the Municipality for an
extension of the term of the Franchise for a period offifteen (15) years; and
WHEREAS, the Municipality has considered the Franchisee's past performance
and financial, legal and technical qualifications and desires to consent to and grant such
· extension of the term of the Franchise.
,¡~~ -~.
NO''} THEREFORE, be it ordained by the Municipality as follows:
1. The term of the Franchise is hereby extended for an additional period of
fifteen (15) years, commencing on the present expiration date of the Franchise, which is
April, 1999. The Franchise and the ordinance(s) granting the same are hereby amended to
provide for such extension of the term thereof
2. The Franchise is and shall remain in full force and effect and shall continue in
effect until the aforesaid extended expiration.
3. Except as amended hereby, the Franchise is and shall remain in full force and
effect.
4. This Ordinance shall take effect at the earliest lawful time after passage.
·
. I
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IN WITNESS WHEREOF, the Municipality had adopted the foregoing Ordinance
as of the _day of , 1996.
MAYOR, Town of St. Joseph
ATTEST:
Passed on 1 st reading:
Passed on 2nd reading:
Passed on 3rd reading:
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;-.:'..- "!
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Department Head Meeting
'3: 35 AM
July 12, 19'36
Stapleton
* Council approved the hire o:f a temporary employee to fill the
vacancy in the Maintenance Dept.
'* Council approved the overlay and sealcoat projects for this Y28.:;'- .
Property owners will be assessed for the overlay project.
'* A Committee consisting of the :following members is working an
revising the Outdoor Liquor Permit process and guidelines: Mark
Zimmer, Todd Ful tz, Brad Lindgren, and Cory Ehlert.
it Council approved a resolution regarding Noise Violations.
Taufen
* Reported that there were additional costs to the Water Tr'eatment
Facility Rehabilitation project to include the :following: type of
windows installed, removal o:f bituminous, and installaticm o:f a metal
walkway over the high service pumps.
'* Traf:fic signs reading, IISlow, Childr'en At Play" will be installed
on each end o:f the east-west alley between 1st Ave NE and 2nd Ave NE.
it Reported that he will be out July 15 through July 19.
I * As part o:f the East MN St project bituminous is being r'emoved from
1st Ave NE to 3rd Ave NE. The concrete will be removed the following
week.
Marthaler
it Discussed the type o:f curbing to be installed in fT'ont of Omann
Insurance on Cedar St E. City Building O:f:ficial Dale Haug will be
consulted on the matter.
it Discussed the T'adio :frequency shared with Waite PaT·k and
di:fficulties encounteT·ed.
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OI::P Al~'rK~H'1' HEAO lu:a=:-r £Nü
';3 : øø AM
August 2. 1 ':3'36
Stapleton
oJ' rrbE;- prclfJoEJE'd st.r·€:'et improv€:'ment project and alley improvement
projE;-ct. for t.he following area was tabled for further investigation by
l.hE· Ci-Ly I::ngineer and Council:
41..h Ave S~ from MN St E to Baker St E
~rlb AVE;- SE from MN St E -Lo Baker St E
W€:'s-Lern & I::astern Courts
ALlE;- St E from 4th Ave SE to 5th Ave SI::
.1 st_ Ave NW from CSAH 75 north
Alley south of MN St E running east/west between 1st Ave SI:: and
2nd Av€:' SE¡ and north/south between 1st Ave SI:: and 2nd Ave SI::
be-Lween MN St. E and Able St I::
Mr. Stueve was instructed to petition residents effected by the
proposed alley improvement. Signatures in support 'of the project
must be in excess of the majority :for the Council to consider the
mat-Ler favorably.
* CClUncil approved application for payment #2 for the East MN 5tre&t
Improvement Project.
-If Councilor Loso reported on the fallowing matters:
· a} It was reported to him that residents an the 5I:: side cd the City
could not hear the emergency siren wh&n activated recently.
b} f-:iclewalk on 1st Ave NW from Birch to Ash Street needs repair.
c} Pr'ctposed blocking off MN Street between College Ave N and 1st Ave
NW to provide mare space :for the local Fourth o:f July
celebration.
d} Received complaints regarding squad cars running radar on CSAH 75
in -Lhe PM.
e} Hec&ived calls on Urdinances regulating rental units. Concern
was expressed that the Ordinances be enforced :for all units, nett
just student housing.
:f} Heceived concerns regarding potential :for conflict of interest
wi-Lh matters involving the City and SJU, as John Scherer is both
t.he City Attorney and president o:f the SJU Alumni Association.
> > Council agreed to provide assistance of the SJFD at the upcoming
iireworks display at CSB on 9-21-96. All fees will be waived.
... Street light is to be installed on 3rd Ave NI:: near the I::rvin
t-; CI E:' Ìté' 1 r-esi dence.
* Uut.door Liquor Permit proposal will be discussed at the next
Council meeting.
it' Council consider-ed the pur'chase of a video recorder :far the 5JPD
and inst.ructed Chie:f Lindgren to investigate costs involved and bring
-lhat information to the Council.
... Armexati an of the Raske property and CSAH 75 is being considered
by the Municipal Board 8-2-96. The remaining township property in this
· area will be annexed by Ordinance shortly therea:fter.
* A proposed draft of the Tobacco Ordinance will be sent to City
Attorné'Y John Scherer for review and then distributed to the local
licE:'Dse holders. The matter will be discussed at the next City Council
. , , .
meeting. ·
... CCluncil st.ressed that employees need to use accumulated holiday
'Lim€:' within b months of the date the time was earned.
'*" LancIlor'ds expressed concerns regarding the proposal far' fur·ther
cCITltrclls an r'ental properties. Landlords were also concer'ned about the
pr'cq::IClsed revision to the Noise Urdinance which would require landlords
'lCl appear beiore the Council after the first violation.
'*" August 28. 1':-196 was sc.heduled far a city-wide meeting to discuss
rf,->ntal housing issues..
Taufen
"* Heported that the Water riltration kehabilitation project is
still in progress and scheduled to be in operation 8-15-96.
* The second phase of the East MN street Improvement Project should
ÌlE:' cumpleted 8-2-':-16. Temporar'y water hook-ups will be installed on 1st
AVl: N1.;/SE and ::Ird Ave NE/SE on 8-5-96 and 8-6-96. Curbing should be
installed up to 'ith Ave on 8-2-96.
Marthaler
"* Heported that the street crew will continue to paint curbing and
will paint the cur'b along the north side of DeI' Wohnplatz today.
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4 l1.' ..
~ç~ St. Joseph Parks Commission
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. ~/. St. Joseph, Minnesota 56374
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Minutes of meeting July 22, 1996
Meeting was called to order at 6:30 pm at Centennial Park.
Members present: John Anderson, Joe Braun,Irma Lanier, Claudette Klein, Marge
Lesnick and Liaison Bob Loso.
Guests: Dave and Lois Klinefelter.
Minutes were approved as written.
Liaison Report:
Bob attended the Lion's meeting and many options were suggested such as a gazebo,
and members interested in the walking trail. Bob will receive an answer in a week
or so.
Soccer field: excavating has begun for one full field and one smaller field. Hope-
fully grass will be planted this fall on the two fièlds. John Anderson will check
with St. Cloud Parks to see where they purchase their goals.
Old Business:
. St: Joseph Softball Park: the fence has been completed for the parking lot.
Summer Recreation Program: The program is going very well. A suggestion was made
to contact Head Start Program to take part in Summer Recreation Program.
Centennial Park bathrooms: Bob stated that some day that area would need to be
revamped completely.
Millstream Park: A suggestion was made that a small sink be installed in the Lion1s
shelter so tables could be washed after usage.
Babe Ruth League completed their season the week of July 15-19, 1996.
New Business:
Dave and Lois Klinefelter have two families that are interested in donating a sum
of money for a Big Toy or an addition to the one in Klinefelter Park. Bob gave
them an explanation of our future plans from the plat we had drawn up. They are
very interested in the way the park is coming along. A suggestion was to plant
wild flowers in one area of the park.
A resident from Northland Addition was in attendance of the meeting. She may be
interested in joining the Park Board. Bob also received an application for a
new member. The two people will be invited to the next meeting.
Marge made a motion to purchase a crab apple tree for Monument Park for no more
than $150.00. Motion passed.
Irma Lanier made a motion to submit our proposed budget to the City Council for
their consideration. Motion passed.
. Next meeting will be in Millstream Park at 6:30 pm on August 26.
Meeting adjourned at 8:30 pm.
Minutes submitted by:
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Claudette Klein, Secretary
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~ç~ St. Joseph Parks Commission - ..v.::1""
_.~ . , \ St. Joseph, Minnesota 56374 æ - ~t:~
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BUDGET FOR PARK BOARD FOR 1996-1997:
Klinefelter Park: $1000.00
Swing set
500.00
Sand island '3000.00
Addition to present toy 400.00
3 grills 1100.00
Planting of trees/shrubs Total $6000.00
Centennial Park: 1000.00
Adult Chair Swing
350.00 - ~ - --
Park Bench 500.00 <. - - - : ..... ~
Néw sink in bóilding Total $1850.00
Northland Park: .
Plant trees and grass, earth work, $5000.00
sand box Total $5000.00
Monument Park: $3000.00
Sprinkler system
100.00
F10\'1'ers 150.00
Fl oweri ng crab 1000.00 $4250.00
Replacement of hedge Total
Millstream Park: $1000.00
3 firepits and sand surround
1000.00
Soccer area development Total $2000.00
Hollow Park: $ 800.00
4-seat spring toy Total $ 800.00
Cloverdale Park: .
Signage (sign to park from Baker St.) $ 400.00 Total $ 400.00
~1emori a 1 Park: $1000.00
Basketball stand Total $1000.00
Grand Total: $21300.00