HomeMy WebLinkAbout1997 [06] Jun 19 {Book 11}
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~ . 'J~ CITY OF ST. JOSEPH
I First Avenue NW
O. Box 668, CITY COUNCIL MEETING
.Josep¡f~N56374 June 19,1997 - 7:00 P.M.
,20) 363-7~01 AGENDA
lX: 363-0342
1. Call to Order.
'fmR~ 2
~iIU ~ . Approve Agenda.
3. CONSENT AGENDA
AYOR a) Approve Minutes - June 5, 1997
. b) Liquor Licenses
~nnethJ.Hlemenz c) Gambling Special Event Watab Creek Whitetails, LaPlayette, Sept.
10, 1997.
d) Cable Franchise Ordinance - as revised and recommended by the Cable
Commission.
LERKI e) Construction of Mini Storage Units Al Stellmach & Steve Hoffman -
DMINISTRATOR 1) Approval Special Use Permit - Planning Commission recommended
lchel Stapleton approval.
2) Deny Variance - zero rear yard setback - Planning Commission
recommended denial of variance because applicants withdrew request.
f) Deny Re-Zoning 414 East Minnesota Street, Greg Smoley, from R-1
Jl'NClLORS (Single Family) to R-3 (Multiple Family) - Planning Commission
)0 Loso recommended denial.
) Ehlrt g) Approve Variance, Leander Zipp, 308 East Minnesota Street, 636
ry ,e foot variance on accessory building maximum size, and 602 foot
~.nTWIt . variance on maximum lot coverage - Planning Commission recommended
'edenfuer " approval.
h) Approve Variance - Leon Hoffmann, 314 East Minnesota Street,
J 288 foot variance on maximum lot coverage. Planning Commission
recommended approval.
4. PUBLIC COMMENTS TO THE AGENDA
5. Bills Payable, Call Outs, and Overtime.
6. Mayor (& Committee) Reports
a)
b)
c)
d) Other Matters of Concern.
7. Council (& Committee) Reports
a) Personnel Committee - Report on Police coverage.
8. Clerk/Administrator Reports
a) Escrow account for Fire Station
b) Local Performance Aid
c) Park Complaint
c) Other Matters of Concern
9. 8:00 P.M. Coalition of Greater Minnesota Cities
1'). 8:20 P.M. Department Head Reports - Dave Theisen - Semi-annual
report and update on Fire Hall.
~~. Department Head Reports - Dick Taufen
-- a) Update on Water Treatment Facility
b) Other matters of concern.
'0 Miscellaneous or Announcement Items.
~~. Adjourn Meeting
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. - CITY OF ST. JOSEPH
I First Avcnue NW
,0. Box 668,
t. Joseph, MN 56374
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ì20) 363-720 I
ax: 363-0342 I
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fmn·
roUU IF
!JJ i!!:I,\'¡,,,
iAYOR MEMO
enneth J. Hiemenz
TO: Honorable Mayor and Members of the Council
,LERKI
.D~IlNlSTRATOR FROM: Rachel Stapleton
achel Stapleton
DATE: June 13, 1997
OUNCILORS RE: Attachments to Agenda June 19, 1997 meeting.
ob Loso
ory Ehlert
en Twit 1. Agenda
·.edenfuer 2. #3.b - Liquor License Summary , I
-:¡ #3.c - Gambling Exemption Application - Watab Creek
--J.
4. #3.d - Cable Franchise Ordinance I
5. #3.e 1&2 - Mini Storage Units
6. #3.f - Re-Zoning - Smoley
7. #3.g - Variance - Zipp
Q #3.h - Variance - Hoffmann
u.
9. #8.a - Escrow Correspondence
10. #10.b - Local Performance Aid Information
11. #10.c - Letter
Other Information
2.2. Planning Commission minutes - June 2, 1997
:1..3. Notice of Public Hearing - Hiltner
14. Dept. Head Meeting minutes - June 10, 1997
:!.5. Parks Commission minutes - May 19, 1997
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1997 - 1998 LIQUOR LICENSE APPLICATIONS
O:f:f-Sale Wine On-Sale Club Sunday
Intox License Intox License License
Am Leg 328
John Kuebelbeck Post X X
Bo Diddley's Inc
Bo Diddley's X
College o:f St. Benedict str'ong '-.<
V.P. Business O:f:fice X beer ,... ,-,'
El Paso Club & Lanes Inc ·d . "', , "'
El Paso Club & Lanes X X X
'0
LaPlayette, Inc. X , ,
LaPlayette Bar & Restaurant X X
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· Loso Inc ". "
Loso's Main Street Pub X X X
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M & T O:f:f Sale Liquor Inc
M&T Liquor X
Sal's Bar & Grill X X X
Hollander's/St. Joseph nc
st. Joseph Liquor Shoppe X
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Minnesota Lawful Gambling For Board Use Only
Application for Authorization for an Fee Paid
Check # '
, Exemption from Lawful Gambling License Initals
Date Reed I
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,·;~Ó.t'}:' 'r anlza lon~ n orm.a IO.n.~·;.· -"!' ;ti, \1_';',;xJ¡~¡'¡1i>~w·..~.i.!.WJ.~i~1~it'';?;','''·~1'.f!~~'~"~!",,g¡~ij~~"Q:,f~~è;£q~{;·
l\i?i*f1~ifIf;,*g~~1~*~~~~k"t~~~~;~~t~Jf~É~tt~~'Ð!~t', '. ,~~.",.~1~1(f~~~!~~ì~;~~¡f{~'~i'iIÏt~i!14j~~~
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Organization Name Watab Creek Whitetails Chapter I Previous lawful gambling exemption number
Minnesota Deer Hunters Association
Street City Sate Zip Code County
4465 17th Ave NW Sauk Rapids MN 56379 Stearns
Name of Chief Executive Officer of organization (CEO). Daytime Phone number of CEO
Firsl Name Last Name
Zimmer ( 32q 251-1071
reasurer Daytime Phone Number of Treasurer
last Name
,
Lonnie Abbott 356-7130
~,
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.... eck the box that indicates the t)'pe of proof attached to thIs applibation
y your organization: :,' '. _ ,,', .
. . .'- o IRS letter Ind.icating Income tax exempt status 'f '
o Fraternal I:pertlfacatê of good standing from.the Minnesota SecretarY
o Veterans of state's office
illA charter shOWing you're an affiliate of a parent .-
o Reli,glous nonþmfrt organIzation.' ,. .' - " , :: . ,,'
EJ ~er_~0nProrrt : ,. ~,~o~ ~~~ and'on fife with ~~ G~'~bt¡ng controf .
,
-ame of Establishment where gambling actiylty wl1f be conducted
-,aPlayette Bar
treet City State Zip Code/ County
.I
.9 North College Ave St Joseph. MN 56374 Stearns
ate(s) of activity (for raffles, Indicate the date of the drawing)
ieptember 10, 1997
leek the box or boxes which Indicate the type of gambling activity your organization will be conducting
j Bingo Q Raffles D Paddlewheels o Pull-tabs D lïpboards
~ sure the Local Unit of Government and the CEO of your organization sign For Board Use Only
c reverse side of this application. Dale &. Initials of Specialist
XL:ocal Uriitof:Government Jurisdiction ; ·
't', . . -.. . .., t ~ _ 1-- .. I I . :
Is this gambling prcmises located within city limits? GJ Yes D No '
If Ycs, write the name of the City:
City Name St Joseph
rfNo writc (he namc of (he County and (he Township:
, County Name ' Township Name
Check the appropriate status of the Township: CJorganized Dnorganized Druncorporated
...,,,, ·~,o\ß '. ""'''J.'~' .;" "¡"'<~\L~""y.:r&'t:\·~a;:; " -~r.~~'l:.j~' ";'" ;N~' ""'...o';{... "~..<:'}t.~" ,..;J<è.,;.. ,,,,.'" :r '.' '.¡' .... ~ ..,.'...' ,;.. .'; 'I; '~,.J ~ .
~~~ll:~: .v\YIJ·fJ1\'~·'/"-i;{tJt"~~"·:G;'''~;:'f1T¡~G· .~..;"..;tfiØÇ!..*J{>"'.J<.x~t' 7t~!l..Ü!R· itNi"'i'¡""WY'iJ" ·.\':·,,·,...~,;;--':t· r:,':'" .'...'.'.. .: ....-:;.;:{~,.,:'~. .,.",¿,."I'.~<,(.:;'.~' ..,.;. ." ',',.;.'.
..,. .-. ~'. '" ,~. r. C· en ~ no'" e' gmen ". ", "",.~. ..... ·-r",""·- .. -J.' ". --
~j "oca: . nl i" ~'ove nm J \.i n. j,:.., ;.s.'.:. .'.,.:.:.;r;,;',;;-j:':::'¡r!'ii1' .;r,;}¿.Ji;'r; ~~:'
~1'fo.\l~kff'::tc.~~¡,:.h't.).~H-f.~¡þ.,¡.,!( '~¡"*<t~y¡,.;~.~,;þ.~:,.;,.:-:<:þ<" .. '';~''''''-'' ,2:~¡F;:V'.,' . . ,::;' :"':':;~;'-::.'...;-~" ;~~,tµs~~r~~~~~; .:;::;:~¡~k
I. The city must sign this application ¡fthe gambling 3. DO NOT submit Úùs application to the Gambling Control
premises is within city limits. Board if it is denied by the local unit of government.
2. The county and township must sign this appliC<l- 4. NOTE: A Townslùp may not deny an appliC<ltion.
tioa if the gambling premises is not within.city limits.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days' (60 days for cities of the 1st dass) from th~ date the local unit of government
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled In below. Cities of the first dass have 60 days in whIch to disallow the activity.
~~;:a.~:;nty AcknO~I~gmen.~~.f ~ec~prOf.. . ':.. ~::o~o ~o. :~edgment of ~wareness ~f. . . .' .
Signatut'() ~f.~~}·eœt~ BJ?plication. . :. ,:, '.. S~re?l ~ acknowfedging :1PpIication
. -: -. ~. ".. .", '.' _ . J .-
~ ~ - - . : .
Date ReCcivéd: . I Ó Date'Signed:
'l1tle ofpc.rson reœi ing application iid~o~perron acknowl~ging appliC3.tion
'. . . -~":. - . ... .-. _, : f". ¡
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~~ b -- ,e,c e ce
¡ ¡¡aye ~adlh1S ap£n a1 aJllnformàUori Is !rue, accúiate an';f.complete. Date:
_ ~.. .~/L 6-f~7/
Submft the appfication at least 45 days prior to your scheduled date of activity.
Be sure to attach the $25 application fee and a copy of your proof of n9n'profit status.
Mall the complete application and attachments to:' ,/'
Gambling Control Board
1711 W. County Rd 8 Suite 300S
Roseville, MN 55113
This publiC8tion will be made available in alternative fonnat (i.e. large print, braille) upon request.
Questions on this form should be directed to the Uœnsing Section of the Gambling Control Board at .
(612}639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greatcr Minncsota Area or 297-5353 in the Metro Area.
The information requested on this form will be used ~y the Gambling Control Board (GCB) (0 determinc yOlll'
compliance wit ¡ Minnesota Statues and rules governmg lawful oarnbling é1ctivilies, AU or tllc information
tllé1t you supply on this form willl>ccorne public infonnatiol1 when received by fhc GC8
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. ORDINANCE NO. 36
CABLE COMMUNICATIONS ORDINANCE
. An ordinance governing the construction, installation, operation, repair, maintenance,
removal and relocation of facilities and equipment used for the transmission of telecommunications
or related services in the public ground of the City of St. Joseph; and regulating the granting,
. operation and renewal of cable television franchises within the City of St. Joseph.
Section 36.1: DEFINITIONS. The terms defined in this Section have the meanings given
them:
Subd. 1. "Franchisor" is the City of S1. Joseph.
Subd. 2. "Franchisee" refers to any cable television companies to which the City of
St. Joseph may from time to time award a cable communication franchise.
Subd.3. "FCC" is the Federal Communications Commission of the United States.
Subd. 4. "Company" is a natural or corporate person, business, association, political
subdivision, public or private agency of any kind, its successors and assigns, who or which seeks or
is required to construct, install, operate, repair, maintain, remove or relocate facilities in the City.
. Subd. 5. "Director" is the director of public works (or equivalent position at the City) or
designated representative.
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Subd. 6. "Facilities" are the telecommunications equipm~nt of any kind, including but not
limited to audio, video, paging, facsimile or similar service, including all trunks, lines, circuits,
physical connections, switching equipment, wireless communication equipment of all kinds, and any
necessary appurtenances owned, leased or operated by a company on, over, in, under, across or
along public ground.
Subd. 7. "Public Grounds" are highways, roads, streets, alleys, public ways, utility easements
and public grounds in the City.
Subd. 8. "City" is the City of S1. Joseph, Minnesota.
Section 36.2: GRANT OF AUTIIORITY. The City Council of St. Joseph is authorized to
grant cable communications franchises for the installation, operation and maintenance of a cable
communications system within the City of S1. Joseph. All franchises shall be subject to the terms
and performance conditions stated in this Ordinance.
Section 36.3: COMPLIANCE WITH STATE AND FEDERAL LAWS. The franchisee and
the franchising authority shall conform to all state and federal laws and rules regulating cable
communications as they become effective.
Section 36.4: FRANCHISE TERMS. Each franchise or renewal shall have a term as may
. be stated in the franchise or renewal, but no franchise may be granted or renewed for a term
greater than fifteen (15) years.
Section 36.5: FRANCmSE EXCLUSIVTIY. No franchise shall be exclusive.
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Section 36.6: SALE OR TRANSFER OF THE FRANCHISE. SALE OR TRANSFER OF
STOCK. .
Subd. 1. Any transfer of a franchise shall be subject to the approval of the Franchisor. The
Franchisor has 120 days from the submission of information regarding the successor's ability to
operate in accordance with the terms of this Ordinance and to approve or disapprove the transfer.
Approval of a transfer shall not be unreasonably denied, Approval may be denied only upon a
finding that the successor does not have the ability or capability to operate the franchise in
accordance with the terms of this Ordinance and this franchise.
Subd. 2. No sale or lease of the rights granted herein shall be effective until the successor
or lessee shall have filed in the office of the City Clerk an instrument, duly executed, reciting the
fact of such sale or lease, accepting the terms contained herein, and agreeing to perform all
conditions required of the franchise. At that time, the successor or lessee shall also file with the
City Clerk a duly executed bond, fully complying with any bonding requirements of this Ordinance.
Section 36.7: ACCESS TO FINANCIAL RECORDS. The City is granted the authority to
audit the franchisee's accounting and financial records upon reasonable notice. The franchisee shall
file annually with the City reports of gross revenues and other information as the City deems
~ appropriate. Reports of grosJ;"evenues sh~ll be open to public inspection.
S[,A..~ sc... I k7er
Section 36.8: RATES. RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRAcrs.
Subd. 1. Rates. Prior to offering service to any member of the general public, the
; franchisee shall prepare a clear and concise list of all current subscription rates and charges, .
including all installation and disconnect charges, charges for optional services and charges or
I deposits for the use of equipment offered to subscribers for use with the service. A verified copy
of this list of rates and charges shall then be filed with the St. Joseph City Clerk and shall be
available for public inspection at the office of the City Clerk. An amended list of rates and charges
shall be prepared and filed with the City Clerk at anytime there is any change or adjustment in the
subscription rates and charges.
Subd. 2. Residential Subscriber Contract. The franchisee shall file with the City Clerk a
copy of the then current residential subscriber contract, if a written contract exists. If no written
contract exists, the franchisee shall file with the City Clerk a document completely and concisely
stating the terms of the residential subscriber contract offered to customers, specifically including
the length of the subscriber contract. The subscriber contract, and/or the summary of the terms
of the non-written contract on file with the City Clerk shall be open to inspection by the public and
shall govern the contractual relationship between the franchisee and all subscribers receiving service
under the authority of this ordinance, except service provided to institutions, business premises or
multiple housing locations, which service may be governed by separate written contract.
Subd. 3. Rate Regulations. With regard to all franchises, the City reserves the right to seek
certification by the FCC to engage in the regulation of rates, and implement reasonable regulations
during the term of the franchise as permitted by law and/or the FCC. The City shall also reserve
the right to regulate rates for the installation and rental of equ,ipment for the hearing impaired.
Section 36.9: FRANCHISE ADMINISTRATOR. The City Clerk shall be responsible for .
day to day municipal administration of a franchise. The City Council may by resolution, create a
Cable Commission and appoint members to this Commission. The Cable Commission shall have
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. such duties a1].d delegations as established by the City Council, and shall serve the City Council in
an advisory capacity. Members of the Cable Commission shall receive compensation as set by the
Council and shall serve at the will of the Council. Establishment of and delegation of duties to the
Cable Commission shall be by resolution of the City Council. The City Council shall retain
ultimate authority for the administration of a franchise.
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Section 36.10: LIABILITY INSURANCE. A franchisee shall indemnify and hold harmless
, the City at all times during the term of the franchise and shall maintain through¢ut the term of the
franchise insurance as follows:
Liability for damage to property $ 300,000.00
Liability for personal injury $ 500,000.00 per person
$1,000,000.00 per occurrence
Workmen's Compensation coverage as required by State law
These policies shall insure both the City and the franchisee with regard to all damages and penalties
which they may legally be required to pay as a result of the exercise of the franchise. A franchisee
shall provide the City with evidence of required coverage upon request.
Section 36.11: INDEMNIFICATION.
Subd. 1. A franchisee shall hold the City harmless from any and all claims and actions,
litigations and from damage arising out of the construction, erection, installation, maintenance or
operation of its property operated by authority of this Ordinance within the corporate limits of the
. City or the negligence of the franchisee's employees in the operation thereof. A franchisee shall
defend in the name of the City any claims made against the City arising out of the'franchise. A
franchisee also agrees to hold the City harmless from and all claims and actions arising from alleged
infringements of copyrights. J
Subd.2. Nothing contained in a franchise shall relieve any person from liability arising out
of the failure to exercise reasonable care to avoid injury to the franchisee's facilities while
performing any work connected with grading, regrading, or changing the line of any street or public
place; or with the construction or reconstruction of any sewer or water system.
Section 36.12: PERFORMANCE BOND. Prior to beginning construction, and within a
minimum of three months of the date any franchise becomes effective, the franchisee shall furnish
a performance bond, certificate of deposit, or any other type of instrument approved by the City
in the amount as established by the City, but not to exceed seventy-five thousand dollars
($75,000.00). The City agrees to discontinue said performance bond upon such time as the
construction is completed and the City is satisfied that the performance of the system meets all
standards according to this ordinance.
Section 36.13: CONSTRUCTION SCHEDULE. Franchises shall provide service to City
residents within a reasonable time from when the franchise is granted. Absent evidence to the
contrary, it shall be presumed that a "reasonable period" is no later than one (1) year from the grant
of the franchise.
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Section 36.14: CONSTRUCTION STANDARDS.
Subd. 1. Permits. The franchisee shall obtain a permit from the proper municipal authority .
before commencing construction of any communications system, including the opening or
disturbance of any street, sidewalk, driveway or public place. If the franchisee fails to meet the
conditions of the permit, the franchisor, after reasonable notice to the franchisee, and providing
franchisee the opportunity to remedy said complaint, can cause said problem to be remedied and
, bill the Franchisee for the costs incurred in so remedying.
Subd. 2. Compliance with Codes. All wire, conduits, cable and other property and facilities
of the franchisee shall be located, constructed, installed, and maintained in compliance with
applicable codes. The franchisee shall keep and maintain all of its property so as not to
unnecessarily interfere with the usual and customary trade, traffic or travel upon the streets and
public places of the franchise area or endanger the lives or property of any person.
Subd. 3. Relocation of Wires. In the event it becomes necessary for the City to relocate
or remove the franchisee's wires, conduits, cables and other property located in any street,
right-of-way or public place to facilitate the undertaking of a public improvement which affects the
cable equipment, franchisee shall make all necessary changes in its equipment at its own expense,
as requested, upon due notice from the City Council or its designated officer.
Subd. 4. Restoration. Upon completion of the work, the company must restore the general
area of the work, including paving and its foundations, to the same condition that existed prior to
commencement of the work and must exercise reasonable care to maintain the same condition for
two (2) years thereafter. The work must be completed as promptly as weather permits. If the
company does not promptly perform and complete the work, remove all direct, rubbish, equipment .
and material, and restore the public ground to the same condition, the City may put it in the same
, condition at the expense of the company. The company must, upon demand, pay to the City the
direct and indirect cost of the work done for or performed by the City, including but not limited
to the City's administrative costs. To recover its costs, the City will first draw on the security posted
by the company and then recover the balance of the costs incurred from the company directly by
written demand. This remedy is in addition to any other remediès available to the City.
Subd. 5. Companv Initiated Relocation. The company must give the City written notice
prior to a company initiated relocation of facilities. A company initiated relocation must be at the
company's expense and must be approved by the City, such approval not to be unreasonably
withheld.
Subd. 6. City Required Relocation. The company must promptly and at its own expense,
with due regard for seasonal working conditions, permanently relocate its facilities whenever the
City requires such relocation.
Subd. 7. Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the company of the right to operate and maintain its facilities in the City. If the
vacation proceedings are initiated by the company, the company must pay the relocation costs. If
the vacation proceedings are initiated by the City or other persons, the company must pay the
relocation costs unless otherwise agreed to by the City, company and other persons.
Subd.8. Inspection of Work. When the work is completed, the company must request an .
inspection by the director. The director will determine if the work has been satisfactorily completed
and provide the company with a written report of the inspection and approval.
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. Subd..9. Notice. If the company is in default in the performance of the work authorized
by the permit, including but not limited to restoration requirements, for more than thirty (30) days
after receiving written notice from the City of the default, the City may terminate the rights of the
company under the permit. The notice of default must be in writing and specify the provisions of
the permit under which the default is claimed and state the grounds of the claim. The notice must
be served on the company by personally delivering it to an officer thereof at its principal place of
business in Minnesota or by cert~ed mail to that address.
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Subd. 10. City Action on Default. If the company is in default in the performance of the
work authorized by the permit, the City may, after the above notice to the company and failure of
the company to cure the default, take such action as may be reasonably necessary to abate the
condition caused by the default. The company must reimburse the City for the City's reasonable
costs, including costs of collection and attorney fees incurred as a result of the company default.
The security posted under Section 2, Subdivision 5, will be applied by the City first toward payment
for such reimbursement.
Subd. 11. Use of Public Ground. Facilities must be located, constructed, installed,
maintained or relocated so as not to endanger or unnecessarily interfere with the usual and
customary traffic, travel, and use of public ground. The facilities are subject to additional conditions
of the permit as established by the director including but not limited to (i) the right of inspection
by the City at reasonable times and places; (ü) the obligation to relocate the facilities pursuant to
Section 3, Subdivisions 3 and 4; and (ill) compliance with all applicable regulations imposed by the
Minnesota Public Utilities Commission and other state and federal law, including prompt
compliance with the requirements of the Gopher State One Call program, Minnesota Statutes
. Chapter 216D.
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Subd. 12. Location. The facilities must be placed in a location agreed to by the City. The
company shall give the City forty-five (45) days advanced written notice of the company's proposed
location of facilities within the public ground. No later than forty-five (45) days after the City's
receipt of the company's written notice, the City will notify the company in writing of the City's
acceptance or rejection of the proposed location. If the City rejects the company's proposed
location, the City shall propose alternative locations. The City does not waive or forfeit its right
to reject the location of facilities by failure to respond within the forty-five (45) days.
Subd. 13. Emergency Work. A company may open and disturb the surface of public ground
without a permit where an emergency exists requiring the immediate repair of its facilities. In such
event, the company must request a permit not later than the second working day thereafter and
comply with the applicable conditions of the permit. In no event, may the company undertake such
an activity which will result in the closing of a street or alley without prior notification to the City.
Subd. 14. Street Improvements. Paving and Resurfacing. The City will give the company
written notice of plans for street improvements where permanent paving or resurfacing is involved.
The notice must contain (i) the nature and character of the improvements; (ü) the streets upon
which the improvements are to be made; (ill) the extent of the improvements, the time when the
City will start the work; and, (iv) if more than one street is involved, the sequence in which the
work is to proceed.
.-. Subd. 15. Company Protection of Facilities. The company must take reasonable measures
- to prevent the facilities from causing damage to persons or property. The company must take
reasonable measures to protect its facilities from damage that could be inflicted on the facilities by
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persons, property, or the elements. The company must take specific protecti~e measures when the
City performs work near the facilities. ·
Subd. 16. Prior Service Connections. In cases where the City is undertaking the paving or
resurfacing of streets and the facilities are located under such street, the company may be required
to install service connections prior to the paving or resurfacing, if it is apparent that service will be
required during the five (5) year period following the paving or resurfacing.
Subd. 17. Public Ground Other Than Right-Of-Way. Nothing in this ordinance is intended
to grant to the company authority beyond that given by Minnesota Statutes 222.37 for use of the
public right-of-way for construction and operation of facilities. If the City allows the company to
use its non-right-of-way public ground, the terms of this ordinance apply to the extent they are
consistent with the contract, statutory and common law rights the City owns in such property.
Subd. 18. Regulations: Permit Schedules. The director is authorized and directed to
prepare suitable regulations and schedules for the administration of permits issued under this
ordinance.
Section 36.15. SPECIAL TESTING. At any time after commencement of service to
subscribers, the City may require additional tests, full or partial repeat tests, different test
procedures or tests involving a specific subscriber's terminal. Requests for such tests will be made
on the basis of complaints received or other evidence indicating an unresolved controversy or
significant noncompliance; and such tests will be limited to the particular matter in controversy.
The cost of said testing shall be borne by the franchisee.
Section 36.16: SUBSCRIBER PRIVACY. ¡ ·
Subd. 1. No signals of a Class IV cable communications channel may be transmitted froin
a subscriber terminal for purposes of monitoring individual viewing patterns or practices without
the express written permission of the subscriber. The request for such permission shall be contained
in a separate document with a prominent statement that the subscriber is authorizing the permission
in full knowledge of its provisions. Such written permission shall be for a limited period of time
not to exceed one year which shall be renewable at the option of the subscriber. No penalty shall
be invoked for a subscriber's failure to provide or renew such authorization. The authorization shall
be revocable at any time by the subscriber without penalty of any kirid whatso.ever. Such permission
shall be required for each type or classification of Class IV cable communications activity planned
for the purpose.
Subd. 2. No information or data obtained by monitoring transmission of a signal from a
subscriber terminal, including but not limited to lists of the names and addresses of the subscribers
or any lists that identify the viewing habits of subscribers may be sold or otherwise made available
to any party other than the franchisee and its employees for internal business use, or to the
subscriber subject of that information, unless the franchisee has received specific written authoriza-
tion from the subscriber to make the data available.
Subd. 3. Written permission from the subscriber shall not be required for the systems
conducting systemwide or individually addressed electron sweeps for the purpose of verifying system
integrity or monitoring for the purpose of billing. Confidentiality of such information shall be
subject to the provision set forth in 4 MCAR § 4.202 W.1. ·
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· Section 36.17: SUBSCRIBER COMPLAINTS.
Subd. 1. All franchises shall conduct their business in accordance with the customer service
standards established by the FCC and 47 C.F.R. § 76.309.
Subd. 2. All complaints by the City or other citizens regarding the quality of service,
equipment malfunction, billing disputes, and any other matters relative to a franchise granted
. pursuant to this Ordinance shall: be investigated by the franchisee within two business days and
resolved by the franchisee. Any complaints not resolved to the satisfaction of the complaining party,
shall be communicated to the City. A record of unresolved complaints may be retained by the City
and may be considered by the City Council in making decisions relating to the franchise.
Subd.3. A franchisee shall provide to the subscriber a toll-free or collect telephone number
for the reception of subscriber complaints and the franchisee shall maintain a repair service capable
of responding to subscriber complaints or requests for service within 24 hours after receipt of the
complaint or request. Costs included in making repairs and adjustment shall be borne by the
franchisee unless it can be clearly determined that the repair or adjustment was made necessary by
abuse or intentional misuse of the system by the subscriber. Costs of installation shall be borne by
the subscriber.
Section 36.18: UNLAWFUL DENIAL.
Subd. 1. A franchisee shall not deny access to cable service because of the income of a
resident.
· Subd. 2. A Franchisee shall nQ~ deny access to cable service to a geographical area of the
City because of income demographics.
, I
Section 36.19: TERMINATION. The franchising authority shall have the right to terminate
and cancel any franchise and all rights and privileges of a franchise, if the franchisee attempts to
evade any of the provisions of the franchise or this ordinance, practices any fraud or deceit upon
the City, 0; fails ~o oper~te the fr~nchise in accordance wi~h t~is Ord~an~e. ~e City sh~ provide }aJ-f : "
the franchisee wIth a wrItten notIce of the cause for termmatIon and Its mtentlOn to termmate the ___ ~\
franchise and shall allow the franchisee a minimum of thirty (30) days after service of the notice (J]~
in which to correct the violation. The franchisee shall be provided the opportunity for a public /)'J'l
hearing before the City Council prior to the termination of the franchise. In the event that the f. f¿¡2 ,
franchisor determines to terminate the franchise, the franchisee has thirty days from the date of
termination of the franchise to take such available action chaJienging the termination, as provided r:¡Y ~J
by law, or its right to challenge termination is waived. --p-. ~
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Section 36.20: ABANDONMENT. The franchisee may not abandon any portion of the ~(
cable communications service provided under a franchise without prior written notice to the City. ~
C"
Section 36.21: REMOVAL OF CABLE EOUIPMENT UPON TERMINATION OR tyt".
FO RFEITURE: Upon termination or forfeiture of a franchise, the franchisee shall remove, if the ~
franchising authority so requests, all of its plants, structures, works, pipes, mains, conduits, cables, J
poles and wires and refill at its own expense any excavation that shall be made by it and shall leave
"""""'- said streets, alleys, public ways and places, in as good condition as that prevailing prior to the
- franchisee's removal of equipment and appliances. In the event the franchisee fails to do so, the
franchisee shall pay to the franchisor as liquidated damages 125 percent of the cost of removal.
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Section 36.22: MUNICIPAL RIGHT TO PURCHASE SYSTEM. The City shall have the
right to purchase any franchise or cable system offered for sale pursuant to the same térms and .
conditions of any bona fide offer to purchase, The Franchisee shall provide the City with a copy
of the bona fide written offer, and the City has sixty (60) days of receipt to exercise its option to
purchase. The purchase option shall be exercised in writing. If not exercised within sixty (60) days
of notice, the City's right to purchase is forfeited with respect to that offer, but only that offer.
Section 36.23: ACCESS CHANNELS.
Subd. 1. A franchisee shall provide to each of its subscribers who receive some or all of the
services offered on the system, reception on at least one specially designated access channel. The
specially designated access channel may be used by local educational authorities and local
government on a first-come, first served nondiscriminatory basis. During those hours that the
specially designated access channel is not being used by the local educational authorities or local
government, the franchisee may lease time to commercial or noncommercial users on a first-come,
first served nondiscriminatory basis if the demand for that time arises. The franchisee may also use
this specially designated access channel for local origination during those hours when the channel
is not in use by local educational authorities, local government, or commercial or non-commercial
users who have leased time.
Subd. 2. The City reserves the right to establish rules for the administration of the specially
designated access channel and establish reasonable rates for the use and administration of the
access channel.
Subd. 3. Franchisees providing only alarm services or only data transmission services for
computer-operated functions do not need to provide access channel reception to alarm and data ¡ .
service subscribers.
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Section 36.24: FRA1\íCHISE FEE.
Subd. 1. During the term of any franchise granted hereunder, the franchisee shall pay to
the City of St. Joseph quarterly a franchise fee in accordance with the terms of the Resolution
granting the franchise. The franchise fee shall not exceed five (5) percent of gross revenues. If a
franchise fails to state a fee, a fee based on four (4) percent of gross revenues shall be assumed.
Subd. 2. I1Gross Revenues" are defined to include revenue derived from the St. Joseph
,¿ system from basic television service, paYi3able, advertising, a,æci±iary geruirp-~J p-Ql1ir1"(:lent rental and
"- installation ~härgés: -r,'C--I- >ey-u/c -L¡ )'Qqý Ú4.'b/c¿
)
Section 36.25: NON-INTERFERENCE. Installations shall be maintained so as not to
interfere with television reception already in existence within the City.
Section 36,26: LINE EXTENSION. The City shall have the right to require reasonable
extensions of the franchisee's transmission and distribution system from time to time, and to make
such rules and regulations as may be required to secure adequate and proper service and to provide
accommodations for the public. The City may not require an extension into areas where there are
less than twenty-five (25) residential units per mile of trunk or distribution cable as is required.
.....
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Section 36.27: OBSCENITY.
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Subd.1. For purposes of this Section, obscenity shall mean a program when, to the average
person applying contemporary community standards, the program taken as a whole, appeals to the
prurient interest; the program depicts or describes, in a patently offensive way, sexual conduct, that
is, patently offensive representations or descriptions of ultimate sexual acts, nonnal or perverted,
actual or simulated or patently offensive representations or descriptions of masturbation, excretory
functions or lewd exhibition of genitals; and the program taken as a whole lacks serious literary,
artistic, political or scientific value.
Subd. 2. It shall be a misdemeanor to originate or produce any obscene program which is
transmitted over any cable communications system. However, neither the cable communications
franchisee whose facilities are used to transmit a program produced by a person other than the
cable communications franchisee, nor the officers, directors, or employees of the cable
communications franchisee, shall be liable for any penalty or damages arising from any obscene
program presented thereon when the franchisee or its employees does not originate or produce a
program. Any entity which schedules the programming of the access channels of a cable
communications system shall not be liable for the presentation of any obscene program thereon
unless the entity itself originates or produces the program.
Section 36.28: CONTRADICTIONS WITH STATE OR FEDERAL LAW. Any provisions
of this Ordinance or a franchise which are in direct contradiction to any State or Federal law, rule
or regulation of cable television franchising, shall be deemed invalid but only to the extent of the
contradiction. All other portions of this Ordinance shall continue in full force and effect. As may
be possible, all provisions of this Ordinance shall be construed in a manner consistent with State
. or Federal law so as to maintain the validity of those provisions.
Section 36.29: ADDmONAL FRANCHISE REOUIREMENTS. All cable communication
franchises shall also be subject to the following tenns and conditions:
Subd. 1. The franchisee shall provide for citizen participation in selecting programming, and
consider citizen preference.
Subd. 2. The franchisee shall provide customers with reasonable notice of rate changes.
"Reasonable notice" shall be a minimum of thirty (30) days.
Subd. 3. The franchisee shall offer customers a device to allow channels to be blocked-out.
Subd.4. All franchises shall be subject to review and renegotiation at any time in the event
of a significant change in technology, equipment or regulatory laws, or if the service provided by
the franchise fails to meet industry standards rvith respect to channel capacity, system reliability or
quality of signal; of (! orv.- pa r .. b / ¿. S " Z. t:. ê ó/h 111 ¿¿ '1 ( ~ '(?.s. .
Section 36.30. FRANCHISE TERMS. All franchises granted pursuant to this Ordinance
shall be considered to have incorporated the tenns of this Ordinance by reference. In granting a
franchise, the City may incorporate additional terms and conditions, as permitted by law.
Section 36.31. ENFORCEMENT. The City reserves the right to enforce any violation of
- this Ordinance by seeking declaratory or injunctive relief in Stearns County District Court. In the
- event the City is the prevailing party in any such action, the City shall be entitled to judgment for
reasonable attorney's fees incurred in pursuing the action.
n: \ ciry\srjoe \a1043097.251
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t.~--.od .
RESOLUTION RENEWING AND EXTENDING THE TERM OF A
CABLE TELEVISION FRANCmSE WITH MARK TWAIN CABLE
WHEREAS, the City of St. Joseph (the "Municipality") had granted a franchise to own and
operate a cable television system in the Municipality;
WHEREAS, the Franchise 'and the rights and obligations thereunder are presently held by
Mark Twain CableVision Limited Partnership, a Missouri limited partnership (the "Franchisee");
WHEREAS, the Franchisee has requested consent of the Municipality for an extension of
the term of the Franchise; 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.
NOW, THEREFORE, IT IS HEREBY RESOLVED: )
1. The term of the Franchise is herèby extended for an additional period of ~i~ ('6
years, commencing on the present expiration date of the Franchise, which is
, 19 -
2. The Franchise is and shall remain in full force and effect and shall continue in effect
until the aforesaid extended 'expiration, unless earlier tenninated in accordance with .
the provisions of Ordinante 36 of the St. Joseph Code of Ordinances.
I ¡
" The Franchise shall be subject to the terms and conditions set forth in Ordinance
.:>.
36 of the St. Joseph Code of Ordinances, and any amendment or modification
thereof.
4. The Franchisee shall pay the Municipality a franchise fee equal to three (3%)
percent of the gross receipts of the operation of the cable system within the
Municipality, in accordance with the provisions of Section 36.24 of the 51. Joseph
Code of Ordinances. The Municipality reserves the right to modify the percentage
of gross receipts paid as a franchise fee by action of the City Council, but at no time
may the percentage exceed five (5%) percent.
", 1- c) C' C;. / ¡j clef ¡. a. 5 S; r S & Corporate address.
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Mayor
6. City Clerk Administrator
Upon execution of this resolution both parties understand the amended .-..
Ordinance 36 is in effect according to this resolution. ~
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. Pursuant to due call and notice thereof, the Planning Commission for the City of St.
Joseph met in regular session on Monday, June 2, 1997 at 7:00 p.m. in the St. Joseph
City Hall.
Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Margie
Lesnick, Linda Sniezek, Dan Nierengarten. Council Liaison Cory Ehlert. Deputy Clerk ,
Judy Weyrens.
Others Present: Alan Rassier, Ellen Wahlstrom, Bob Wahlstrom, Jerry Schroden, Carol
Schroden, Dale Victor, Ken Heinen, Bob Rice, Marge Rice, Bill Wasner, Chuck Fuchs,
Beata Wolak-Chute, Harold Chute, Harold Pfannenstein, June Hoffman, Leon Hoffman,
Larry Grimsley, Lee Zipp, Joanne Zipp, David Douvier, Rita Douvier, Mark Hiltner,
Ken Hiemez.
Public Hearing (Continuation) - Al Stellmach - Variance Request: Klein stated that the
public hearing is a continuation from May 12, 1997. The variance being requested is
twenty (20) feet in order to construct mini storage units. Weyrens reported that
Stellmach has submitted new plans and is withdrawing his application for a rear yard
variance. Instead, Stellmach is making application for a 10 foot front yard variance.
With that in mind, Kalinowski made a motion to deny the variance request to grant a
twenty foot variance based on the following findings:
Finding: The applicant withdrew the variance application
. The motion was seconded by Sniezek. ' ,
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert J
Nays: None. Motion Carried 6:0:0
Council Liaison Report
Northland Addition Access: Ehlert reported that some of the residents from 1st Avenue
NE appeared before the Council to discuss securing and additional access to
Northland. After discussing the north access residents stated they are more concerned
with developing an east access. Ehlert and Lesnick will review the easement and
minutes and report back to the Commission.
Additional Meetings: Ehlert stated that the Council has authorized the special meeting
in June due to the large amount of issues that need to be dealt with. Also, Ehlert
reported the Council approved two monthly meetings as necessary.
Dale Victor - Business Expansion: Dale Victor appeared before the Commission to
discuss the future expansion of Sunset Companies. Victor stated that he recently
purchased a plastic company which is doing very well. Victor's plans include the
addition of a steel building approximately 15,000 to 20,000 square feet with a loading
dock. He stated that at this time he is requesting clarification of the Planning
Commission as to what the setback requirements are for this property. Klein stated the
-- property is zoned Commercial and has no setbacks. The Planning Commission
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June 2, 1997 Page 1/6
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. concurred that there are no setback requirements even though the property is abutted
by residential property. The abutting property is zoned Commercial with a residential
use. Commissioners questioned Victor if his plans include any landscaping. Victor
responded that he will landscape and that will be part of the plans he submits when he
is ready to make application for a building permit.
Public Hearing - Rezoning request - Greg Smoley /Mark Rodenwald: Klein opened the ,
hearing and stated the purpose of the hearing is to consider a request to re-zone the
below described property from the current R-l-- Single Family, to M-3 - Multiple
Family.
The property is legally described as:
All that part of the Northwest Quarter of the Southeast Quarter (NW % SE % ) of
Section Ten (10), Township One Hundred Twenty-four (124) Range 29, described within
the following metes and boundary lines, to-wit: Beginning at a point on the Southerly
boundary line of State Trunk Line Highway No. 52 distant 562 feet East of the Westerly
line of said NW % SE % of said Sec. 10, and running thence South, parallel to the Section
line, a distance of 1% feet, thence at right angles, East a distance of 66 feet, thence at
right angles North parallel to the Section line, 196 feet, more or less to its intersection
with the Southerly line of State Trunk Highway No. 52, and thence Westerly along the
Southerly right of way line to State Trunk Line Highway No. 52, to the point of
. beginning. (414 East Minnesota Street)
The request for re-zoning has been submitted by Greg Smoley, 124 - 2 Ih Avenue NE,
,
St. Stephen MN 56375 and Mark Rodenwald, 37 - 28th A venue North, St. Cloud MN
56301.
Terry Schroden spoke on behalf of the properties owners. He stated that he has a
purchase agreement on the property and would like to secure a rental license for six
persons. Schroden stated that his daughters will be attending the College of St.
Benedict and will live in the house along with four (4) other students. In his opinion the
house is unique because it has three separate entrances, three kitchens and has a large
driveway. In Schroden's opinion the house has been established as a tri-plex.
Additionally he stated that the house has been used as a multiple rental unit in the past
and he wishes to continue the use. He also questioned if a variance may be more
appropriate. Weyrens responded that in the past the property has functioned with two
rental licenses. However, the property lost all grandfather status when the license
lapsed in 1996. As far as issuing a variance, the City Attorney advised that a variance
cannot be granted on a definition. Therefore, the only recourse for the property owner
was to make application for rezoning.
Al Rassier, Rental Housing Inspector, discussed the renta1license. Rassier stated that
he has inspected the property and Mr. Schroden has made the necessary repairs.
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June 2, 1997 Pa.ge 2/6
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. Additionålly, the property is set up for three units, but the former property owner did
not use the basement as a rental unit the last couple of years.
Beata Chute-Wolak - Questioned where the cars will park and expressed concern about
the affect rezoning will have on the neighborhood. This property is located in a
residential zone and she does not want the neighborhood deteriorated with partying ,
and destructive behavior.
Marlene Althaus - Expressed concern with high levels of noise and exposing her
children to behavior which she does not feel is appropriate. She stated she is not
opposed to students but has concern regarding activity associated with the
consumption of alcohol.
Ken Heinen - Requested the Commission deny the rezoning request. He stated that the
neighborhood has dealt with student rental units in the past and during that time were
forced to deal with abusive language, theft, vandalism and behavior that was not
acceptable. He urged the Commission to not allow the residential neighborhood to be
destroyed.
Harold Pfannenstein - Concurred with Heinen and stated he does not want any
additional students residing in the neighborhood.
. Bob & Marge Rice - Also spoke in opposition of the rezoning. The rental property near
their property has recently changed from student to single family. Marge stated that ' 1
when the duplex was student rental they had to deal with vandalism to their lawn, j
strewn garbage and abusive behavior. She stated that it is her opinion that the students
need someone to be accountable to in order for rental units to work in the residential
neighborhoods and encouraged the Commission to deny the request.
Bill Wasner - Presented a petition requesting the City deny the re-zoning application.
Wasner questioned the Commission as to why they would consider the request if all the
adjoining property owners are opposed to the use.
After reviewing all the alternatives and public comments, Ehlert made a motion to
recommend the City Council deny the rezoning application of Greg Smoley and Mark
Rodenwald to change the classification at 414 East Minnesota Street from R-1, Single
Family to R-3, Multiple Family. Denial is based on the following:
1. The proposed zoning would not be consistent with neighboring uses.
2. Spot zoning is not consistent with the Comprehensive Plan.
The motion was seconded by Klein.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
The hearing was closed at 8:10 p.m.
- Public Hearing - Leander Zipp, Accessory Size, Lot Coverage: Chair Klein called the
- hearing to order at 8:13 p.m. The purpose of the hearing is to consider two variance
JuneZ,l997 Page3/6
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requests in order to construct an addition to the existing garage.
The first variance is requesting a six hundred thirty- six (636) foot variance on the size
. of an accessory building. St. Joseph Code of Ordinances 52.16 subd 4(e) fil permits
accessory building(s) and/or private garage (s), either attached or detached, shall be
subject to the following number and size limitations: i) One or two accessory buildings ,
. covering a combined area not greater than 900 square feet are permitted.
The second variance is requesting a six hundred two (602) foot variance on the
maximum lot area coverage. St. Joseph Code of Ordinances 52.16 subd 4 (e) filil states
the combined area of the lot covered by the accessory buildings authorized in
subparagraphs i) and ü) above shall not exceed eight (8) percent of the total lot size.
The property is legally described as follows:
The West Sixty-seven (67) feet of that part of the Northwest Quarter of the Southeast
Quarter (NW % SE %) of Section Ten (10), Township One Hundred Twenty-four (124)
North of Range Twenty-nine (29) West, described as follows, to-wit: Beginning at the
intersection of the North and South Quarter Section line and the South boundary of the
State Road; thence North 85 degrees and 16 minutes East 208.7 feet; thence south 208.66
feet; thence South 85 degrees and 16 minutes west 208.7 feet; thence North 208.66 feet to
the place of beginning. (308 East Minnesota Street).
. The requests for variance have been submitted by Leander and JoAnne Zipp, 308 East ' I
Minnesota Street, St. Joseph MN 56374 I
Leander Zipp spoke on his own behalf. He stated he is requesting a variance so he can
store his RV inside. Zipp discussed that his existing accessory building area is 1536
square feet and he is proposing to add an additional 62 square feet. Zipp stated that he
did not calculate the lean-to off the garage in his total accessory space and is willing to
remove that section if needed.
After reviewing the Ordinances, including the provision on existing non conforming
uses, and there being no one present to object, Kalinowski made a motion to approve
the 636 foot variance on the accessory building size and the 610 foot variance on the
maximum lot coverage of accessory buildings as requested. Approval is based on the
following:
Findings: 1. The variance being requested is consistent with St. Joseph Code of
Ordinances 52.7 subd a - e, findings required for variance approval.
2. The Commission stated that the lot is unique in size and the buildings cannot
be seen from Minnesota Street. Further, if the variance were denied the RV would
remain outside, and in the Planning Commission's view, an eyesore for the
neighborhood.
3. The addition to the building is 144 square feet. The overage on lot size and
coverage has been grandfathered.
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June 2, 1997 Page 4/6
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. The moti~n was seconded by Sniezek.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
The hearing was closed at 8:25 p.m.
Public Hearing - Leon Hoffman, Accessory Building Size: Klein called the hearing to ,
. order at 8:26, The purpose of the hearing is to consider a variance request to
construct an addition to the existing garage.
The variance being requested is a two hundred eighty- eight foot variance on the size of
an accessory building. St. Joseph Code of Ordinances 52.16 subd 4(e) nl permits
accessory building(s) and/or private garage (s), either attached or detached, shall be
subject to the following number and size limitations: i) One or two accessory buildings
covering a combined area not greater than 900 square feet are permitted.
The property is legally described as follows:
The East 81.7 feet of the West 148.7 feet of the North 208.66 feet of the NW % of the SE
%, South of State Aid Road #52 in Section 10, Township 124, Range 29.
The requests for variance have been submitted by Leon and June Hoffman, 314 East
Minnesota Street, St. Joseph MN 56374
. Leon Hoffman spoke on his own behalf. He indicated that he is requesting a variance . »
to construct an additional accessory building for a workshop. The proposed building is i
22' x 30'.
There being no one present wishing to speak, Sniezek made a motion to request the
Council approve a 288' variance on the maximum allowed accessory building space.
Approval is based on the following finding:
Findings: 1. The variance being requested is consistent with St. Joseph Code of
Ordinances 52.7 subd a - e, findings required for variance approval.
2. The Commission stated that the lot is unique in size and the buildings cannot
be seen from Minnesota Street.
The motion was seconded by Lesnicki.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
Mark Hiltner - Variance request: Mark Hitler, Hitler Builders, appeared before the
Commission to discuss establishing a hearing date for a variance on the front yard
setback. Hitler stated that he owns the property at Lot 1, Block 1 Hollow Park Addition
and would like to construct a patio. The Ordinances require a thirty (30) foot setback
on all public right-of-ways. If he would construct the patio, he would only be
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June 2. 1997 Page 5/6
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. 22 feet fr~m the right -of-way. Commission agreed to set the public hearing for June 24,
1997 at 7:00 p.m.
Minutes: Kalinowski made a motion to approve the Planning Commission minutes of
March 3, April 7, and April 22, 1997 with minor corrections to the Apri122, 1997
minutes. The motion was seconded by Nierengarten.
. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
Other Matters: Commission Members discussed the procedure for licensing with
Rental Housing Inspector Al Rassier. Rassier also discussed the difficulty of enforcing
the maximum number of tenants allowed in each rental unit.
Adjourn: Lesnick made a motion to adjourn at 9:05 p.m.; seconded by Sniezek.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
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·.d~~vd
udy eyrens
eputy Clerk
June 2. 1997 Page 6/6
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. The request' of Greg Smoley I Mark Rodenwald to re-zone a specific parcel came before
the Planning Commission at a public hearing held on June 21 1997. The purpose of the
hearing was to consider re-zoning the below described property from R-1, Single Family
to M-3, multiple family. Notice of this matter was duly served and published.
The properly is legally described'as:
All that part of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4 ) of
Section Ten (10)1 Township One Hundred Twenty-four (124) Range 291 described within
the following metes and boundary linesl to-wit: Beginning at a point on the Southerly
boundary line of State Trunk Line Highway No. 52 distant 562 feet East of the Westerly
line of said NW 1/4 SE 1/4 of said Sec. 101 and running thence Southl parallel to the Section
line, a distance of 196 feet, thence at right angles, East a distance of 66 feet, thence at
right angles North parallel to the Section line, 196 feet, more or less to its intersection
with the Southerly line of State Trunk Highway No. 52, and thence Westerly along the
Southerly right of way line to State Trunk Line Highway No. 52, to the point of
beginning. (414 East Minnesota Street)
In consideration of the information presented to the Planning Commission and its
application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the
Planning Commission makes the following findings:
. 1. The proposed zoning would not be consistent with neighboring uses
2. Spot zoning is not consistent with the Comprehensive Plan
Based upon these findings, the Planning Commission recommends the denial of the re-
zoning request that would change the zoning classification from R-1, Single Family to
M-3, Multiple Family for the property located at 414 East Minnesota Street.
These findings and recommendations were approved by a vote of 6 to 0 by the St.
Joseph Planning Commission on June 2, 1997.
C~t'i. ~4?j
J dy eyrens
cretary of the Planning Commission
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'~Y-HMAY' is "'97 "09:11AM 'šnJ1RNS 'SbCÎÂL "ii ~ Ax N.O. '~U.:!I)::!Uj4l f, 'L/ j
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. CrrY OF ST. JOSEPH ~~J '
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21 First Avenue Northwest 0J\lif'
PO Box 668 ~H
Sf. Joseph. MN 56374
320-..363-7201,
, DEVELOPMBNT,JŒVIBW APPIJCATION
owner:
AddI'8SS:
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Conditional Use AmnII VacaUon Of ROWlEasemenlS
Variance Non-confonnlna Use Permit
Planned Unit Develoørnent J( Rezoninø
Sian
Subdivision
TOTALJ1'BE S..J.~ Date fee receiVed
Date 8DIIJlcstlon received
. PSrmTIONER MUST P~OVJDE THE FOLLOWING
,. I A list of aU property owners within 350 feet of the boundaries of the property.
. Seventeen full size folded copl. of the plans.
. Payment of all assooimed fHs must be made in full when application Is macfe.
This apølloaUon must be completed in fun and be tvøewritten or clearly printed and must be
aoccmpanied by al1 information and plans reQuired by applicable City Ordinance provlsJo05. Before filing
this appIicatfon, you should' COnferwffh the Planning Department to determine VIe specffic ordinance and
proCêdural requirements appfiOllble to your applIcatIon.
A detenninatfcm Of completeness of the aøplication ShAll be made within ten business days of the
application submfttal. A written notice of applie81ian deficiencies shall be mailed to the appHcant WIthin
ten business day! of appficatlon.
This Is let certify that I em ",Aking application forthe described action by the CitY end thai I am
responsible 'With all City requirements with regard to this request. This .ppUcation should be processed
in my name and f am tI1e party whom 1I'Ie City should contact regltålng any m;rtter pertaining to this
applioltiOn. I have attached . copy of proof or ownership {alt"éf' copy Of owners Dupl~ate Certificata ¡Of
Title, Abstr;t.l of Title or purcttase agreemenO. or I am the authOJ1Zed person to make this application .
and the fee owner has alSO signed this çprlCation.
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vcs'~.4'Y -1 ~MR.Y. 15' 97~ . 0"9 ="'iZRM "STEARNS "soÒÄL''1 H F AJ.. NO. 3203630342 p, 3/ 3
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FINDINGS OF FACT:
SPECIAL CONDITIONS:
~
-
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~
.
. ***** PETITION *****
REGARDING 414 EAST MINNESOTA STREET
To the Planning Commission for the City of St. Joseph
~_____.______.~_.___ 4-____...___.._________.__.._.____ ~___'" -..- --
-_._--~ ...., --. ---- - - ~ ._-----~. -~-----_._--~-~----_._-~._.~-----
We the following residents in the vicinity of 414 East Minn. 'j
..-". . . _ ... _+ _._ _ _. . ._. _._u _~ _____.__._ _+ _~__.__._____.___ ._~ ____ ___ _ __ ..___ __ _ .__. ___. _..._____ u___ _ __._ _ _ .._.______._____._.~. _ +__" ___. _________
Street do not wish to have the, property re-zoned from R-l
_n _ _. _u__ -00_ -.. - -._- - ---------- ---_._---_._---~----_.~-_.--- - - ---. ---- --.- ---.----.-.----- ------.------- "-- .-
Single Family, to M-} Multiple Family
---, .-..--- -.----. .._, -.. -.. -". ---. -- ----_._----~- .._._- ---~-_._-------- ._ ___~_____~h·___ __.._____. ______.~ ._----
DATE NAME ADDRESS,
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__._ . _.' _. . _. _ _u __ _ ____ __ ____. ___ _u___..--.....-..__~H.___~__ _ ___ __ ..____ __n__._____· _ __ _ __...__ u_ _____.u_. ._ __0'__ ___ 0__ -.__.____ --.--__ .-
DATE NAME ADDRESS
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,
. The request of Leander Zipp to request two variances to construct an addition to the
existing accessory building came before the Planning Commission at a public hearing
held on June 2,1997. The purpose of the hearing was to consider the following variance
requests: 1. Six hundred thirty-six (636) foot variance on the size of an accessory
building; 2. Six hundred two (602) foot variance on the maximum lot coverage area.
Notice of this matter,'was duly served and published.
The property is legally described as follows:
The West Sixty-seven (67) feet of that part of the Northwest Quarter of the Southeast
Quarter (NW % SE %) of Section Ten (10), Township One Hundred Twenty-four (124)
North of Range Twenty-nine (29) West, described as follows, to-wit: Beginning at the
intersection of the North and South Quarter Section line and the South boundary of the
State Road; thence North 85 degrees and 16 minutes East 208.7 feet; thence south 208.66
feet; thence South 85 degrees and 16 minutes west 208.7 feet; thence North 208.66 feet to
the place of beginning. (308 East Minnesota Street).
In consideration of the information presented to the Planning Commission and its
application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the
Planning Commission makes the following findings:
1. The variance being requested is consistent with the St. Joseph Code of
. Ordinances 52.7 subd a-e, findings for variance approval.
2. The Commissidn stated that the lot is unique in size and the buildings
cannot be seen from Minnesota Street. Further, if the variance were denied, the RV
would remain outside, and in the Planning Commission's view, an eyesore for the
neighborhood.
3. The addition to the building is 144 square feet. The existing garage overage
is grandfathered.
Based upon these findings, the Planning Commission recommends the approval of the
variance requests as stated above.
These findings and recommendations were approved by a vote of 6 to 0 by the St.
Joseph Planning Commission on June 2, 1997.
~(d7' vtkyvt£d5
J y Weyrens
retary of the Planning Commission
-
I , .
CITY OF ST. JOSEPH .
21 First Avenue Northwest
PO Box 668
St. Joseph, MN 56374
320-363-7201
DEVELOPMENT REVIEW APPLICATION
~o ¡q. y¡ f"). e.- JC>ITn....~
A licant: Leander & e.-Zi Owner: Leander & J8à;>Zi
Address: 308 East Minnesota Street Address: S1. Jose h MN 56374
Conditional Use Permit Vacation of ROW/Easements
xxx Variance Non-conforming Use Permit
Planned Unit Development Rezoning
Sign
Subdivision
TOTAL FEE $ 150.00 05-13-97 Date fee received } .
Date application received
PETITIONER MUST PROVIDE THE FOLLOWING
0 A list of all property owners within 350 feet of the boundaries of the property.
. Seventeen full size folded copies of the plans.
II Payment of all associated fees must be made in full when application is made.
This application must be completed in full and be typewritten or clearly printed and must be
accompanied by all information and plans required by applicable City Ordinance provisions. Before filing
this application, you should confer with the Planning Department to determine the specific ordinance and
procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of the
application submittal. A written notice of application deficiencies shall be mailed to the applicant within
ten business days of application.
This is to certify that I am making application for the described action by the City and that I am
responsible with all City requirements with regard to this request. This application should be processed
in my name and 1 am the party whom the City should contact regarding any matter pertaining to this
application. I have attached a copy of proof of ownership (either copy of OWner's Duplicate Certificate of
Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application
and the fee owner has also signed this application.
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Signature of Applicant Date , -
-
Signature of Fee Owner
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.
PROJECT NAME:
LOCATION: 308 East Minnesota Street
LEGAL DESCRIPTION:
, Attached
LOT SIZE: 208.67 x 67
PRESENT ZONING: Single Family
REQUESTED ZONING:'
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE
DESIGNATION:
SETBACK REQUEST:
REASONS FOR REQUEST: Add to existing accessory building to store R-V
AREA REQUIRED BY REQUESTED BY
. ORDINANCE APPLICANT
Front Yard ' ,
Side Yard
Rear Yard
Open Yard
Parkina
AccessOlV Blda Size 900 SF 1536/636
Lot Coverage 8 percent
1118.40 1728/610
FINDINGS OF FACT:
SPECIAL CONDITIONS:
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,
. The request of Leon Hoffman to request a variance to construct an addition to the
existing accessory building came before the Planning Commission at a public hearing
held on June 2, 1997. The purpose of the hearing was to consider a two hundred eighty
eight foot variance on the maximum allowed accessory building space. Notice of this
matter was duly served and published.
,
The property is legally described as follows:
The East 81.7 feet of the West 148.7 feet of the North 208.66 feet of the NW % of the SE
%, South of State Aid Road #52 in Section 10, Township 124, Range 29.
In consideration of the information presented to the Planning Commission and its
application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the
Planning Commission makes the following findings:
1. The variance being requested is consistent with the St. Toseph Code of
Ordinances 52.7 subd a-e, findings for variance approval.
2. The Commission stated that the lot is unique in size and the buildings
cannot be seen from Minnesota Street.
Based upon these findings, the Planning Commission recommends the approval of a
. two hundred eighty eight foot variance on the maximum accessory building size as
requested.
. }
These findings and recommendations were approved by a vote of 6 to 0 by the St.
Joseph Planning Commission on June 2, 1997.
C:¡¡; cI if ;Je (c/tüÔ
y Weyrens
retary of the Planning Commission
^ ...
CITY OF ST. JOSEPH .
21 First Avenue Northwest
PO Box 668
St. Joseph, MN 56374
320-363-7201
DEVELOPMENT REVIEW APPLICATION
A licant: L e¿Jft Owner: Le (.7 JZ.-
Address: rt/ Address:
?;<Ó J?J 4/77'/
Conditional Use Permit Vacation of ROW/Easements
V Variance Non-conforming Use Permit
Planned Unit Development Rezoning
Sign
Subdivision .
, TOTAL FEE $ /57J~ 5115'/Q1 Date fee received
Date application received
PETITIONER MUST PROVIDE THE FOllOWING
· A list of all property owners within 350 feet of the boundaries of the property.
· Seventeen full size folded copies of the plans.
· Payment of all associated fees must be made in full when application is made,
This application must be completed in full and be typewritten or clearly printed and must be
accompanied by all information and plans required by applicable City Ordinance provisions. Before filing
this application, you should confer with the Planning Department to determine the specific ordinance and
procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of the
application submittal. A written notice of application deficiencies shall be mailed to the applicant within
ten business days of application.
This is to certify that I am making application for the described action by the City and that I am
responsible with all City requirements with regard to this request. This application should be processed
in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of
Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application
and the fee owner has also signed this application.
..-/ (t¡j4-1¿bvL_ 1ß,..J1 J ¿/ F197
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Signature of Applicant / I Date I / .
Siç;naIUre of Fee Owner
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.
PROJECT NAME: CQ
. LOCATION:
LEGAL DESCRIPTION: 0;;(
LOT SIZE:
PRESENT ZONING:
REQUESTED ZONING:'
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE
DESIGNATION:
SETBACK REQUEST:
REASONS FOR REQUEST: 4æd"//(),,r 7~1!.
/f'e-
AREA REQUIRED BY REQUESTED BY
. ORDINANCE APPLICANT
Front Yard
Side Yard ' , 'I
Rear Yard i J
Open Yard
Parkina I
Æ«es5t;i"f f3)j qot) ~ð Ilff V tM ttL'¡"U¿ ;:lt~
FiNDINGS OF FACT:
SPECIAL CONDITIONS:
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. V 'R A J K 0 W SKI HANSMEIER LTD.
Jlttorll'l/S at Law
Reply to: St. Cloud
ST, CLOUD
11 Seventh Avenue North June 6, 1997
P.O. Box 1433
51. Cloud, MN 56302- H33 Ms. Rachel Stapleton
320'251'1055 St. Joseph Clerk Administrator
800'445·9617 City Hall
FAX 320'251.5896 P.O. Box 668
St. Joseph, MN 56374
MINNEAPOLIS
3908 IDS Center Re: Fire Hall Contract
80 South Eighth Slreet Our File No. 18,283
Minneapolis, MN 55402 Dear Rachel:
612·339·9206
800·445·9617 Bruce Gohman called me today regarding the escrow for the retainage for the fire
FAX 320'251'5896 hall contract. Initially, Bruce claimed that they had a statutory right to have the
retainage escrowed in an interest bearing account to their benefit. He referred to
- INTERNET ADDRESS Minn. Stat. § 15.73. I reviewed the statute, and it does not require the escrowing of
rajhan@doudnet.com funds as claimed. What it does do is give the contractor the right to receive the
retainage if the contractor deposits government bonds or securities with a city, bank
or trust company in the amount of the retainage. I have enclosed a copy of Minn.
FRANK J. RA/K"'V~KI . t Stat. § 15.73 for your review.
GCRDOS H, H:\.'/o'MEIER I called Bruce back and brought to his attention the fact that there is not a statutory
F,<EDERICK L. GRUNKE right to have the money escrowed in an interest bearing account for their benefit.
THOMA:; G, fOV..\.--:OVICH When presented with this information, he agreed, but pointed out that they typically
.1,,1/,'/ H, SCHERER propose the escrow arrangement in lieu of the deposit of government securities as
PAUL A. RA'-,:OIVSKI t provided by the statute. The escrow procedure involves less cost than the deposit
K·.\'I,'/ F, c.z.,\y of securities. He is hoping that the City would agree to the deposit into escrow
WILlL\.'! f. C'5//,\IAN rather than requiring the deposit of government securities. If the City does not
RiCHARD ~Y. S(JB.-'LLARRO agree to escrow, he would purchase treasury bills in the appropriate amount for
BSIDCrJ .\--1. !_:,\Dí..?UlST deposit and require direct payment of the retainage.
H3Lt'J L 1 \":~ .'..... 1.\ IS
I believe that this is a call for the City Council. Until Gohman Construction
purchases and deposits government securities, the City has no duty or responsibility
to pay the retainage. If he does so, then the retainage must be paid under the
statute.
h::.\.\.K J. :~-\¡~.\'·-\·~Kr!.... .\!'.' ... ) ,OI'R.·\CTlCE ,
\.0!~!:¡ D\:.. I He is hoping that it is not necessary for him to follow the strict requirements of the
t ;·'I<LX)' I ì. iL\~\.-·~¡ :,:R statute because that involves additional cost with the purchase of the treasury bills.
:'. .'\l';::: D.\j(( . ~ \'\.:' \\:~~C"\.:-:¡:-';, I
¡'\~ .-\. ;\\!¡....~---._...~,; --... '>\;.......:~',...;\; He is hoping that the City will proceed with the escrowing of funds as originally
~ \VllLl.-'".! L C-,::I\~Y, L'-"; S.Y ·1: ):\KOT.-·.. proposed in lieu of the posting of government securities.
. \IE\\BEROF A\IERIU'~
B. ; \, :~: - ( 'I' TRL\l AI-".· -",_,\, ,-,;
t \2l \i;: :i_[~ ADK:'(u -11-\ '"
,
Ms. Rachel Stapleton .
June 6, 1997
Page -2-
Because of the prior statements of the Council, I believe that the Council should make the decision as
to whether or not the City will require strict compliance with Minn. Stat. § 15.73, or alternatively, allow
for the payment of retainage into escrow. I told Bruce that I would pass this information on to you with
the recommendation that it be presented to the Council at the next meeting.
Again, I wish to reiterate that until the deposit of the government securities, alternatively an agreement
on the part of the City to proceed with the escrow proposal, the City has no duty or responsibility to
pay the retainage. I also wish to note that Gohman informed me that when bidding a project of this
nature, they take into consideration the fact that the interest from the retainage will be available, either
in the form of the escrow account or interest from the t-bills. This is reflected in the bid, and in Bruce's
opinion, this is a reason that they were a low bidder.
I suggested that Bruce check back with you after the upcoming meeting to find out how he should
proceed.
Very truly yours,
RAJKOWSKI HANS MEIER LTD.
,
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JHS jbaz
Enclosure
cc: The Honorable Kenneth Hiemenz
;:' gen \ 18283\3f060697,OII
-
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.¡-~
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'~Î! § 15.62 STATE AGENCIES S
Olympic team in a sport sanctioned by the International Olympic Committee, U1
,f<\~~ i)' shall be granted a leave of absence withQut loss of payor other benefits or a!
'lilt rights for the purpose of preparing for and engaging in the competition. In no aJ
,,~:q~ : event shall the paid leave under this section exceed the period of the official
.ii' : training camp and competition combined or 90 calendar days a year, whichev- pI
. :U er is less. tc
~lt~¡¡r¡'~ ¡; Subd. 3. If the public employee granted the leave is an employee of a school oj
~'~I!I¡ district, university system or other political subdivision, the state shall reim- if.
~ÆLt ~
'¥>"é'''~'!:iF~, \, burse the employer for the actual cost to the employer of employing a substi-
;&1ÏBI3., ,(1 tute. L
,.!{ Laws 1977, c. 354, § 1, eff. June 3, 1977. Amendeddby Laws 1979, c. 208, § 1; Laws
·~~,i
1984, c. 462, § 27; Laws 1984, c. 544, § 3; Laws 1984, c. 642, § 8; Laws 1985, 1st Sp., In
~ c. 17, § 2, eff. June 29, 1985.
"~ .~[
~T;E ;- Library References 1.
."~ Municipal Corporations e:>220(S), C,J,S. Municipal Corporations § 721,
i1i Officers and Public Employees e=>94, 110. C.J,S, Officers and Public Employees §§ 99, cc
co? States e=>S3, 60.2, 197 to 204, 219 to 227,
'~J WESTLAWTopic Nos. 268, 283, 360, C,J.S. States §§ 81 to lOS, 136.
1
.¡!
x_-''- 15.71. Public contracts; security for completion of performance; definitions
Subdivision 1. For the purposes of sections' 15.71 to 15.74 unless the c<
~'Jl context clearly indicates otherwise, the terms defined in this section have the
meanings given them. c(
'~I;f Subd. 2. "Public contract" means any purchase, lease or sale by a public rc
agency of personal property, public improvements or services, other than p'
i agreements which are exclusively for personal services. bl
, Subd. 3. "Public agency " or "public contracting agency " II
,¿, means any agency
"~i . of the state of Minnesota or any of its political subdivisions authorized by law to at
'~ enter into public contracts.
·4
;~l Subd. 4. "Public improvement" means any construction of improvements p'
on real property or highways by or for a public agency. tr
Subd. 5. "Retainage" means the difference between the amount earned by
.~::: ïl the contractor on a public contract and the amount paid on the contract by the
¡fi' public contracting agency.
,·fi
\t· Laws 1980, c. 464, § 1, eff. July I, 1980.
T..i' 0
~ Library References
Public Contracts e:> 16.
WESTLA W Topic No. 316A. e:
C.J.S. Public Contracts § 21.
c¡
15.72. Progress payments on public contracts; retainage A
Subdivision 1. Unless the terms of the contract provide otherwise, a public c
contracting agency shall make progress payments on a public contract for a L
public improvement monthly as the work progresses. Payments shall be based
340
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STATE AGENCIES IN GENERAL § 15.73, þ-
~"" upon estimates of work completed as approved by the public contracting ,'f
..... ... agency. A progre" payment shall not be considered acceptance or approval of t
,7~ any work or waiver of any defects therein. . .
.-r"',_:.1 Subd. 2. A public contracting agency may reserve as retainage from any j'f
C',,'y progress payment on a public contract for a public improvement an amount not .'-
to exceed five percent of the payment. A public agency may reduce the amount .. :
.... '.'..Î....·.·..·. · of the retainage and may eliminate retain age on any monthly contract payment ..~.'r.
.1 if, in the agency's opinion, the work is progressing satisfactorily. ~r
;;:;: .J L""5 1 980, c. 464, § 2, eff. July 1.1 980. it
~.j" -I Notes of Decisions :! -
-~. ~ :.:
-;, In general 1 or to resolution of action by contractor against , I ,
'ff developer arising from project in which subcon.' ':
1 tractor performed allegedly defective work. ;, ¡
: 1. In general Van Knight Steel Erection, Inc, v, Housing and ¡ ·
, . Though project was complete, subcontractor Redevelopment Authority of City of St. Paul, :! :-
could not recover retain age from developer pri- App.1988, 430 N,W.2d 1. ; :.-
:1,
15.73. Alternative form ofretainage
Subdivision 1. At the option of the contractor, retainage shall be paid to the ;,
contractor in accordance with this section. !
J Subd. 2. The contractor may deposit bonds or securities with the public!';
_~ -.1,
. i contracting agency or in any bank or trust company to be held in lieu of cash t1
''I retainage for the benefit of the public contracting agency. In that event the li~
,,},,:_; public agency shall reduce the retainage in an amount equal to the value of the ¡Ii:
} bonds and securities and pay the amount of the reduction to the contractor. :,:
.,'.'.~ Interest on the bonds or securities shall be payable to the contractor as it "
. accrues, ß
'.
~ Subd, 3. Bonds and securities deposited or acquired ill, lieu of retainage, as n
: permitted by subdi\'ision 2, shall be of a character approved by the state .~ ~
J treasurer, including but not limited to: .'ä
I ,a) Bills, certificates, notes or bonds of the United States; .~
i (b) Other obligations of the United States or its agencies; !'3
.' 0<'01 Obligations of any corporation wholly owned by the federal government;'~l¡
" (d) Indebtedness of the Federal National Mortgage Association. ,j~
~ :j.
.~ Subd. 4, If the public agency incurs additional costs as a result of the ~:'
_.' èw:-..:ise of the option described in this section, the agency may recover the :~ ,.
'f costs from the contractor bv reducing the final payment due under the contract. r'~;
, _. J'~t
~ As work on the contract progresses, the agency shall, upon demand, inform the ,+"
·t contractor of all accrued costs. 'I'::.
.; . La\\~ ¡ 9g0, c. 464, § 3, eff, July 1, 1980, r:
I'
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MÎNNESOTA Department of Revenue
Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340
. . Phone (612) 296-5141 Fax (612) 297-2166
.
June 5, 1997
,
TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND
FINANCE DIRECTORS
RE: CHANGES IN THE CERTIFICATION OF LOCAL PERFORMANCE
MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1998
Laws 1997, Chapter 231, Article 11, Section 7 provides for changes to the local
perfonnance aid (LP A) statute (Minnesota Statutes, Section 477A.05). In order to qualify
for LP A in 1998, a city must affinn that (1) the aid will result in a reduction in property
taxes at least equal to the amount of aid received, and (2) the city will spend the aid on
programs for which it has developed a system of perfonnance measures and that these
measures will allow for the measurement of continuous improvement and will be
regularly compiled and presented to the city council at least once a year. The city must
identify the program or programs that are to be funded with the aid. The city is eligible
. for aid if it affinns that it is in the process of developing and implementing a system of
perfonnance measures for th~ program or programs for which the aid is being sought.
However, the aid may not be spent on the program or programs until the perfonnance
measurement system has beeri instituted, unless the aid is being used to establish the
perfonnance measurement system.
Local perfonnance aid will be detennined as follows for calendar year 1998: Laws 1997,
Chapter 231, Article 11, Section 7 provides for $440,000 in addition to $4,107,673 (the
amount paid in 1997) plus an inflation adjustment based on the implicit price deflator. A
per capita aid amount will be detennined by dividing the total aid available by the total
population of all cities that qualify for the aid. Each qualifying city then receives an aid
amount based on its population times the per capita aid amount.
Distribution ofLPA is based on yearly certifications for each qualifying city. Cities are
required to submit an annual certification in order to receive LP A payable in calendar
year 1998 and subsequent years.
LP A will be paid in two equal installments on July 20 and December 26 of 1998.
Qualifying cities will receive a certification of their 1998 LPA by July 31, 1997. As
mentioned above, your city may qualify for LPA by (1) affinning that this aid will result
in a reduction in property taxes equal to the amount of aid received and that (2) your city
- will spend the aid on programs for which it has developed a system of perfonnance
measures and that these measures will allow for the measurement of continuous
- improvement and will be regularly compiled and presented to the city council at least
once each year.
(continued)
An equal opportunity employer TDD: (612) 215-0069
. ' ~
.
Page 2
Enclosed is a new certification for 1998 LP A. This certification replaces the
certification which was enclosed with the letter dated March 25,1997. This new
certification must be signed by the mayor and the chair of the city council, and it
must be returned to our office by June 30, 1997. NOTE: If our office does not
receive a certification from your city by June 30, 1997, your city will not be eligible
to receive this aid in calendar year 1998.
If you have any questions regarding the completion of this form, please feel free to call
me at (612) 296-5141.
Sincerely,
! 4
Yittl "- §¿{v ~
Larry L. Bewley
Research Analysis Specialist
Property Tax Division .
¡
I Enclosure
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, .
. 708 East Minnesota street
st. Joseph, Minnesota 56374
June 9, 1997
. The Mayor and Council
City of st. Joseph
st. Joseph, Minnesota 56374
.
Dear Mayor Hiemenz and Councilmembers,
For several years, we have bee~ having,a problem which we
finally want to present to you, for it involves city and park
officials.
Our backyard is 'adjacent to the Clinton AqditionTot Lot.
This would be jus~ fine if only smal) children and"their parents
or caretakers used the þérk. But for ye~rs,-- since the City
installed a slide area and then removed it,:-;.. it has been a
favorite baseball "fIeld" 'for'young people, some of V?hom 'are bf
high school age.. Home plate' is in ,the northeast corner of the
lot· right by our property; and the east-west'fênce, which runs
, ,
along our property, i~ the third base foul line. Of course, the
young people do not hesitate to climb the fence in order, to
retrieve their balls, which end up in' our 'property wi th great
. ,frequ'ency. When they hunt for their' balls, they pay no attention
to what plants they trample upon. We have repeatedly asked
the~ -- nicely, rea~onably, and in a:most moderat~ ~6ice, we
assure you -- not to do so and have tried to'explatn why we would
be gratéful for their cooperation; but to no lasting,effect.,
Permit us to give you one example. One· t ime.l we tried Jo
explain to a group of youths who were fourteen, fifteen,
sixteen -- in that range -- that Wê would be"grateful if, they did
not come over the fence into our property because they were
crushing flowers. We added that the park' wap not intended for
baseball, and not suitable for,it~ In reply we got a real
argument. They told us,in no uncertain terms that the park was
"public property" and they therefore had a right to play baseball
there; besides, what we were calling "flowers"were nothing but
weeds (they are wildflowers).
It seems to us that the·City Administration 'or Park Board
shoul~ be able to post the park, stating that the Clinton
,Add i t i on Tot Lot is not to be used" for baseball games or practice
or, for that matter, for golf '(yes, golf balls come flying 'into
our property), but for activities, which dO,not discourag~ its use
by small children and their caretakers. Most of the time, when
the young people show up for their ball games or practice, any
small children present leave because ther~ is no place left for
them to play safely: the sandbox is center field; the.swing area
- is part of the outfield. We have even seen adults leave with
their small children when the young people arrive; people
- hesitate to make reasonable zequests of a group of youths
nowadays. If the park were posted, 'requests to trespassers would
perhaps have more weight, or even better, perhaps tberewould be .
no trespasse~s.
As a further discouragement to ball playing, could some
bushes or small trees be planted in the "ball field"'? If this
were to be do~e, we would contribute something to the effort.
We hope that you will seriously consider a solution to this
situation which has been plaguing us for a long time. And we
would appreciate receiving a response.
Sincerely yours,
~/ ~
Madeleine Beaumont
/~~~.
Nancy McDarby
, J .
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D~PARTM~NT HI:AD M~¡;:-n NG
10:20 AM
.
Tuesday, June 10. 1997
Stapleton ,
. · Council discussed policy regarding alley reconstruction.
· City Engineer Joe Bettendorf presented information on the present condition of alleys along with a
review copy of the proposed S1Teet Improvement Plan.
e Council questioned the status of chlorinating of the municipal water source. (Taufen informed those
present at the Dept Head Meeting that the chlorinator has been disengaged.
· Council authorized only one Sam's Club membership per department.
0 Mayor Hiemenz and Chief Lindgren will draft a policy regarding the use of overtime. and issue of
equipment to patrol officers.
· Qfficer Cichy resigns effective June 19. 1997. Council agreed to fill the vacancy ASAP.
· CSB is hosting a band camp June 11-14. Campers will be practicing in the Park Terrace Addition late
afternoons and early evening.
· Council will explore avenues for loading zone signage to be placed near the St. Joe lab School.
0 EDA Director Chad Carlson begins employment today.
· Steams League meeting on October 21 will be hosted by the City of St. Joseph.
.. The Hazardous \Vaste Mobile Unit will be at several locations in the area this summer.
· Council accepted bid from the City of Hills in the amount of $5721 for the old Fire Dept grass rig.
. · Plans for reconstruction of Go Rd 121 is slated for the year 2001.
10 Council agreed to re~uest NSP place $10.00 per foot in escrow in an effort to resolve restoration
issues on 1!1t Av.e sa.
Council agreed to solicit community input on a proposal to place a statue of Officer Klinefelter in
Klinefelter Park.
e Council discussed imposing an additional fee for interim meter readings.
.. Seal coating of areas designated to be surfaced in 1996 & 1997 will begin June 16th.
· Water main in Pond View Ridge IV will be looped with 16th Ave SE.
· Steams County is beginning realignment plans for Co Rd 133. Any input from the City must be
submitted by January 1st.
· Quarterly Department Head Safety Meeting will be held Friday, June 20111 at 10 AM. All other
employees should report at 11 AM.
· Council approved a revision in the policy regarding the distribution of agendas and packets.
· Council also approved a revision in the policy regarding the rate of compensation for employee
attendance at Council meetings, at the request of the Council. Compensation will be made at a
minimum rate of one half hour.
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, >
. CITY OF ST. JOSEPH
21 First Avenue NW
P,O. Box 668,
St, Jos~ph, MN 56374
(320) 363-7201
Fax: 363-0342
.
Ilk Public Hearing
City of St. Joseph
MAYOR
Kenneth J. Hiemenz
:::LERKI The Planning Commission for the City of St. Joseph shall conduct a public
I\DMINISTRATOR hearing on Tuesday, June 24, 1997 at 7:00 p.m. in the St. Joseph City Hall.
~achel Stapleton The purpose of the hearing is to consider a ten (10) foot variance request to
allow the construction of a patio. St. Toseph Code of Ordinances 52.16 subd 6
fu} states that front yard setbacks shall not be less than 30 feet on all public
:::OUNCILORS right of ways.
30b Loso
:::ory Ehlert The property is legally described as: Lot 1; Block 1 Hollow Park.
(en Twit
eiedenfuer The request for Vé1riance has been submitted by Mark Hiltner, 309 Cypress
Drive; St. Joseph MN 56374.
Rachel Stapleton
Clerk/ Administrator
Note: State Law requires a mÇiiled notice to all property owners within 350
feet of a variance, special use or zoning application.
.
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~~~ St. Joseph Parks Commission
,a-I. ........
¡p. - '- rÞ.~ .,t
-'- , '\ -
~/ ' St. Joseph, Minnesota 56374
.,.~~~ ~
. Minutes of meeting ~ay 19, 1997
. ~eeting was called to order by Joe 3raun, Vice Chair at 6:30 pm.
Members present: Joe Braun, Irma Lanier, Marge Lesnick, Claudette Klein,
Dave Thomas, Lonnit Abbott.
Introduction of Lonnie Abbott to all Board ~1embers as the new member of the
Board.
Approval of minutes: Approved by Dave Thomas and seconded by Irma Lanier.
Liaison Report: Report will be incorporated with Old Business.
Old Business:
1. Klinefelter Sculpture: Plans of the park will be incorporated with the
Sculpture. There will be not cost to the City except probably lighting
because of vandalism. A motion was made by Marge Lesnick to accept the
monument in K~nefelter Park and we will work together on location in the Park.
2. Clean up Day May 3rd: Joe did not have many helpers so they cleaned what they
could.
3. Tree planting: The newly purchased trees were planted on May 9 around the
. small holding pond to the left of the park.
4. The equipment addition to the play toy has not arrived yet. for Klinefelter Park.
5. Camping Rules: The sub-committee will meet after the meeting to discuss the
final rules to be posted in that site.
6. Bulletin Boards: Dave and Marge will evaluate the bulletin boards to what to
do to them.
7. Summer Récreation: Dave Hiedeman sent a letter regarding salary. A motion
was made to increase the salary to $.40 per hour from $8.25 to $8.65 by
Dave Ihomas and seconded by Marge Lesnick. Motion carried.
8. Bridge in Millstream Park: Joe will check to see if anyone can repair the bridge.
9. Northland Park: Dave Thomas, Bob Loso and several residents marked out some of
the areas such as, volleyball, basketball and play areas. Mark Brill reported
that they will stay 1001 from homes, cement will be donated, and also lumber.
They will check back to the Park Board before they begin any work.
10. Basketball slab in Centennial has been installed. Dave will check with Main-
tenance Dept. regarding the removal of the horseshoe are to another place.
Marge made a motion to purchase basketball poles and hoops not to exceed the
purchase proce of $798.72. Motion carried.
New Business:
1. Hockey Rink: The rink may be torn down this week.
2. Soccer Fields: Marge made a motion to spend $4800 to seed the fields. Motion
carried.
3. Memorial Park: Marge will have a Royalty Tree ordered to replace the tree that
was broken last year. She will also buy and plant flowers. A motion was made
to get a purchase request for $75 from City Hall for flowers and fertilizer.
4. Trail in Klinefelter Park: The ground work should begin July 7 and finished
. by early September.
5. The new Vice Chair for the Park Board will be Bob Loso.
The next meeting will be at 6:30 pm in the City Hall on JUne 23, 1997.
Meeting adjourned at 8:10 pm.
Respectfully submitted,
i.U.<",-<--<--d2~ /~
Claudette Klein, Secretary