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HomeMy WebLinkAbout1993 [01] Jan 07 {Book 03} Mayor ~ Steve Dehler Councilors Leo Sadlo Ross Rieke 1 First Avenue NW Bob Loso .0. Box 668 Stephanie Hazen t. Joseph, Minnesota 56374 City Clerk! Adm (612) 363-7201 Rachel Stapleton CITY OF ST. JOSEPH CITY COUNCIL MEETING January 7 , 1993 7:00 P.M. AGENDA OLD COUNCIL l. Call to Order 2. Minutes - December 17, 1992 3 . Retiring Officials Report NEW COUNCIL Oaths of Office l. Approve Agenda 2. Bills Payable I 3. Mayor Reports 4. Mayor Appointments 5 . Council Reports 6. Treasurers Report 7. OLD BUSINESS: a) Personnel Policy Manual b) Star City Ordinance c) Ordinance Amendment - Garage and Accessory Buildings 8 . 8:30 p.m. OPEN TO THE PUBLIC 9. Recess 10. 9:00 p.m. Liquor Violation Hearing - American Legion Post 1l. Clerk/Administrator Reports a) Capital Outlay Request - Administration (file) b) APO Assessment c) St. Joseph Recreational Assoc. Lease d) Request to Assess Northland Development e) Stearns County EMS Conference I f) Rural Water Association Membership g) Newly Elected Officials Seminar h) Audit Process for 1992 12. Adjourn Mayor ~ Steve Dehler Councilors Leo Sadlo Ross Rieke 1 First Avenue NW Bob Loso .0. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 City Clerk! Adm (612) 363-7201 Rachel Stapleton CITY OF ST. JOSEPH AGEr'lDA NCYI'ES TO THE CC>UNCIL MEMO DATE: January 5, 1992 TO: Members of the Council FRCM : Rachel Stapleton Information concerning the Agenda: The Old Council will meet first. Then the new Officials will be sworn in and take their seats. 7c. Copy of amendment is in your packet. 10. Officials fram the American Legion will appear for their hearing. They have waived the evidentiary hearing. . lIb. Copy enc1 osed 11c. Lease copy enclosed. lId. Copy enclosed with recommendations fram City Attorney . lIe. 9th Annual stearns county EMS Conference for stearns County EMS Providers, to be held January 16, 1993. Information if anyone wishes to attend, is enclosed. The Fire Dept has received this information also. 11£. We currently are a member of Minnesota Rural Water Ass 'no Dick recommended that the City maintains membership. This organization has been helpful in the past year. Yearly membership is $150. 11g. Registration to be sent in through my office. Also enclosed in packet for your information are: l. Letter from John Scherer discussing attempts to control legal costs. 2. Letter on the status of Kacures action. 3. Information on - Accident policy for members of city councils. 4. Attitude - compliments of Council Bob Loso. We also received recently an apology fram the delinquents who vandalized Millstream Park. Also we received a certificate of achievement from Joan Growe for exceeding 70% voter turnout at the general election. S ., ~ Page 2151 . December 17, 1992 ~suant to due call and notice thereof, the City Council for the City of st. Joseph met in regular session, on Thursday, Deceffiþer 17, 1992 at 7:00 p.m. in City Hall. MEMBERS PRESENT: Mayor steven Dehl er; Members of the Counci 1 Leo Sadlo, Ross Rieke (arrived at 7:30 p.m.), Bob Loso, Stephani~ Hazen. Clerk/Admipistrator Rachel Stapleton. OTHERS PRESENT: Bud Reber, Daniel Nierengarten, Ken Hiemenz, Mark Lambert, John Scherer, Rudy Zimmer, Mark Zimmer, Larry Henning, Joe Bettendorf, Brad Lindgren, Brad Meyer, Elmer Rakotz, Daniell e Bérubé, John Brunner, Brian Klinefelter, Joe Bechtold, Anna Reischl, Dick Taufen, Bob Lindgren. AGENDA: Hazen made a motion to approve the agenda as amended; seconded by Loso. Ayes: Dehl er, Sadl 0 , Loso, Hazen. Nayes: None. Motion carried. MINUTES: Hazen made a motion to approve the minutes of the December 3 and December 9 City Council meetings as presented; seconded by Sadlo. Ayes: Dehler, Sadlo, Loso, Hazen. Nayes: None. Motion carried. .ILLS PAYABLE: Loso made a motion to approve the bills payable as presented; econded by Hazen. . Ayes: Dehler, Sadlo, Loso, Hazen. Nayes: None. Motion carried. MAYOR REPORTS: No report. COUNCIL REPORTS - SADLO: 1) The new lift station serving the Industrial Park is functional now, al though several things need to be done yet prior to completion, including a water well. DBL Labs and MOO will need to install meters and valves in their facilities yet. 2) Some time ago the Counci 1 requested that action be taken to enforce the easement ordinance, and Sadlo was questioning the status of that action. Access is necessary to the easement to maintain a sewer line. L080: 1) Attendants for skating and hockey rink have been interviewed. Loso made a motion to hire Eric Evans, Ryan Gerken, John Myers, Kevin Corb, Cory Ehlert for rink attendants for this winter; seconded by Hazen. Discussion - Loso stated that Cory Ehlert will function as an alternate. Hazen asked about the hours of operation, and questioned why both rinks would have attendants. She understood that the hockey rink was to be moved. Loso stated that the Park Board has approved both rinks to be operated, but the hockey rink will be only during daylight hours. Sadlo stated that the hockey rink was to be moved but maintenance has not had time to do it. Ayes: Dehler, Sadlo, Loso, Hazen. Nayes: None. Motion carried. ~eke arrived at 7:30 p.m. during Hazen's report. e:EN: Hazen informed the Council that the wage corrmittee, Hazen and Loso, met ndividually and collectively/ with the employees. Suggestions from the employees were presented to the Council, by Hazen, with the monetary suggestions prioritized by the employees as shown. Same of the suggestions Page 2152 . December '17, 1992 .ere not monetary. The Wage Ccmnittee did not finalize anything. Hazen recœmended that the counci 1 address the i terns on the list, which are not monetary, so that there will be 1 ess to address in January. The Counci 1 discussed the foIl owing non-monetary i terns frcrn the list. 1. City Office Hours - Staff request to close city offices at 4:30 p.m. Dehler stated that one of the reasons for staff in the office is to provide hours of service for the public. Council generally agreed to allow the Clerk/~nistrator and office staff, to work out a schedule, with one half hour lunch periods, and provide open office hours frcrn 8:00 p.m. to 5:00 p.m. Only one person is required to staff the office after 4:30 p.m. 4. Vacation Time - Council discussed the method of accumulating vacation time, rate of pay of for the carried over vacation time, and amount of carried over vacation time. They also discussed that vacation time is to be taken and not banked for future pay. Counci 1 agreed to look at in January. 5. Floating Holiday - currently have Presidents day as a floating holiday. 6. ~loyee Manual - Would like to have current, and updated. This is being worked on now. 7. Park Use - Employee requested some type of contract proposed to be worked up for park renters and required that those renting a park sign it. The contract would have what is required of those renting the park, so that they would know what they have to do to get their deposit back. Clerk discussed the mechanics of it. Council requested that proposed' .. contract be drawn up, which would provide for the renter to sign off on. Corrrnuni cati on: Requested same type of information or coomunication such as a newsletter, or data sheet of events and matters, in addition to . current information sources, which inc1 ude copies of the minutes to department heads, and memos to employees, for matters which need immediate attention. Counci 1 requested that a cover sheet to the minutes, or a memo or newsletter, to all employees be prepared, for distribution after Council meetings. 9. Suggestion Box - Have a suggestion box or envelope, that would allow for information, suggestions, complaints, or questions to be relayed to the Mayor & Council as a whole. This would be placed in the City Offices and opened at Council meetings. Council agreed to allow this. 10. Cost of living raise to be deposited to retirement account, in lieu of lump sum payment, which would be pre-tax payment. Dehler asked if it is legal to do this. John Scherer stated that the legalities would have to be checked prior to allowing it. II. An Organizational Chart - The organizational chart will be part of the personnel manual and the employees receive the Mayor's appointments each year. 12. Holiday pay - Request for all holidays are paid equally among all departments. Police get time & one half off plus another day off, for some holidays. If there is an emergency on a holiday, the maintenance department should get the same benefit as the Police Department. The rest of the requests and suggestions require a monetary benefit. 1. Cost of Living Increase - Ccmnittee originally considered the cost of living . increase to be put in a payroll pool and equal amounts given to each employee. The employees generally did not agreed to that, and requested . that the percent be given on a per wage basis. so recommended tabling the suggestions one through five, as prioritized by the employees. Page 2153 . December 17, 1992 .) Hazen also discussed that the Planning Commission met and recommended to approve an amendment to Ordinance 52.14 Subd. 4, 'which allows rezoning by the Council, upon annexation of property. Hazeh made a motion to approve the Amendment to Ordinance 52.14 Subd. 4, which allows rezoning by the Council, upon annexation of property; seconded by Loso. Ayes: Dehler, Sadlo, Loso, Rieke, Hazen. Nayes: None. Motion carried. 3) Planning Commission held a public hearing to consider rezoning parcels of property. Rieke made a motion to approve rezoning the following parcels of property, as recommended by the Planning Corrrrdssion; seconded by Loso. Ayes: Dehler, Sadlo, Loso, Rieke, Hazen. Nayes: None. Motion carried. 4) Garage size - The Planning Commission gave recommendations for garages. They recommended to the Council, that to leave the Ordinance as written, no accessory building nor buildings shall occupy an area greater than 8 percent of the total lot size or a total caTIbined area of 800 square feet, whichever is the lesser. In addition, the definitions as written, pertaining to accessory building, (page 75), and garage size, (page 77), should be written as one. 4Itfter discussion of the recommendations, Hazen made a motion to approve the ecommendations of the Planning Commission, and allow the attorney write up a 411iroPosed amendment to the zoning ordinance, for consideration at a future ouncil meeting, to 1. retain the maximum size of a garage at 800 square feet or 8% of the lot; 2. accessory building and garage are one and the same; 3. Separate accessory buildings need a permit. The motion was seconded by Rieke. Ayes: Dehler, Sadlo, Loso, Rieke, Hazen. Nayes: None. Motion carried. 5) Mark Lambert appeared before the Planning Corrrrrrssion to request an extension on a fifteen (15) feet rear yard variance, that was approved by the City Council in November 1990. The Planning Comnission recomœended to the Council to extend the fifteen (15) feet rear yard variance, indefinitely. Rieke made a motion to approve the extension of the rear yard variance extension as recomm~~ded by the Planning COrrrrQssion; seconded by Loso. Ayes: Dehler, Sadlo, Loso, Rieke, Hazen. Nayes: None. Motion carried. 6) Planning Corrrrdssion officers for the corrdng year are Hub Klein as Chair, Sister Kathleen Kalinowski as Co-Chair, and Dan Nierengarten was recomnended to be reappointed for another term. Rieke made a motion to approve the officers and appointment as recommended by the Planning Commission; seconded by Sadlo. Ayes: Dehler, Sadlo, Loso, Rieke, Hazen. Nayes: None. Motion carried. 7) Recommendations for new members on the Planning COrrrrQssion were Marge 411tesnick, Andy Brixius, Jack Schuh, Dan Schrrdtz, Elmer Rakotz, Robin Hanson. A etter will be sent out to these people to see if they are still interested. 4IIt1so. to be Dublished in the st. Cloud Times is an informational notice that her~ are va~ancies on the Planning ComrrQssion. Those interested should subrrdt a short resumé of their interests and experience, showing why they are interested in the position. Page 2154 . December 17, 1992 . POLICE REPORT: Brad Lindgren presented the police report and discussed it with the Council. 1) The police reserves by-laws were revised with the recommendations of the City Attorney. Chief Lindgren then had officer Brad Meyer present to police reserves. He presented Brian Klinefelter, John Brunner, Danielle Bérubé, and Elmer Rakotz. 2) Brad also requested to purchase 100 car washes at $1.80. Hazen made a motion to approve the purchase of 100 car washes at $1.80 per wash; seconded by Rieke. Discussion - Dehler stated that some stations will provide a free car wash with a fill with gas. When they fill up there they get the free offers and use them. Ayes: Sadlo, Loso, Rieke, Hazen. Nayes: Dehler. Motion carded. HOOKUP FEES: Mark Lambert discussed with the Council, his need to have the hookup fees reduced in order for him to have a workable financial package. He also stated that he felt that they are excessively high for multi-farrdly housing. Joe Bettendorf discussed the methodology of past assessments and relationship to hookup charges currently. He also stated that hookup charges were used as part of the financing for bond issues for utilities. After discussion of other apartment structures constructed in the past years, Rieke felt that the rates should not be lower that the Senior Apartments hookup fees were when they were constructed. Rieke made a motion to consider that Mark had ~egun the process for this project in 1989 and the hookup charges, as they were tablished in 1989 at $700 per unit for sewer and $300 per unit for water will e taken into consideration, and that these were the hookup rates per unit when ~e st. JoseDh Senior ADartments were built: therefore the 1989 rates are stablished for Mark's 23 unit apartment pr;ject. The motion was seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Haz~~. Nayes: None. Moti on card ed. Mark Lambert also requested clarification on his fees, 11e has already paid for 3 units. The Council agreed that he will have to pay for the additional 20 units which he wishes to construct. John Scherer informed the Council that Hookup Charges are currently set by resolution, and do not require an ordinance ame.~dment to change th~~. He :3.lso recoITnîended that the City do a study to establish different hookup charges for different areas, which will relate back to specific assessments. Joe Bettendorf stated that he is already looking at this issue and will bring back recommendations with the study for expansion of city utilities to the north. He will bring report this to the council whenever they wish. He was told to hold back on it until this fiscal year is cOIT@leted. After the first of the year he will resume the study and then report to the Council. After discussion of various business and industrial uses, Hazen made a motion to study hookup fees for single farrdly, multi farrdly facilities, business, and industrial uses; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. . Nayes: None. Motion carded. ~Æ~~dIP PROPERTY: Joe Bechtold, Township Supervisor and Ann Reischl, Township erk offered a parcel of property with a quit claim deed. The property is a .51 acres by the old dump area. The city is currently using it for a leaves and mulch area, but will not allow TOWD3hip residents to use it. Hazardous Page 2155 4IÞ December 17, 1992 ~aste was discussed. Also the fact that liability stays with the land, but that the adjoining property is also a former dump so that would have an effect on any future liability. After further discussion Loso made a motion to accept the quit claim deed; seconded by Sadlo. Discussion -John Scherer informed the Council that City could do their own environmental audit, but it is very costly. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. OPEN TO 'TI-æ PUbLIC: Bud Reber stated that the Ballpark fence needs repair. Council agreed that maintenance could repair it. GAMBLING LICENSE APPLICATION: Mark Zirrmer of the LaPlayette, and Larry Henning representing the Confidence Learning Center presented a Minnesota Lawful Gambling Application for gambling to be conducted at the LaPlayette. Mr. Henning described the Confidence Learning Center as a facility for use by persons with developmental disabilities, free of charge. The Council informed Mr. Heru1ing that they would require quarterly reports which show that 80% of the new proceeds for this gambling operation are used for persons from the st. Joseph community. Hazen made a motion to approve the Minnesota Lawful Gambling lic~~se application, of the Confidence Learning Center, as presented, with gambling to be conducted at the LaPlayette, effective as the state Gambling ~~ntrol Board allows, with the 80% net profit use requirement and reporting ~cumentation to the Council requirement; seconded by Sadlo. . Ayes: Dehler, Sadlo, Rieke, Hazen, Loso. Nayes: None. Motion carried. The Council recessed at 9:15 p.m. The Mayor called the meeting back in session at 9:27 p.m. CORE MEETING: Rieke reported that the CORE Corrnrrttee is planning an educational forum to be held March II, 1993 in Mary Commons. Dehler suggested that the Corrnrrttee consider reccmnending that the College's sponsor a serninar "How to live off campus." TAPE OF CLOSED ~lli~TING: Loso questioned the location oÍ the tape from a closed meeting held March 5, 1992, which is not in the City files. The Mayor stated he has given it to the City Attorney for safekeeping. LICENSES: Council asked the Police Chief to check and see if st Ben's needs any City license for their sales, and report back. Sadlo made a motion to approve the following 1993 License Applications; seconded by Loso. Ayes: Dehler, Srtdlo, L080, Hazen, Rieke. Nayes: None. Motion carried. ThTIerican Legion Post #328 2 ~Jnusement Devices, 1 Cigarette, 1 EntertairuTIent Sal 's Bar & Grill . 3..2 off Sale. 1 Cigarette: 1 Enter'tainment Device, 5 Amusement Devices ,0 Diddley's . '"'.... r ~, a Pla~~~t;~ ~~~~ 1 Cigarette, 1 Entertainment Device, 12 þ...musernent Devices El Paso Club . Page 2156 . December 17, 1992 - 3.2 Off Sale, 1 Cigarette, 1 Entertainment Device, 8 Amusement Devices Herk's Pizza 3.2 On Sale Loso's store 1 Cigarette Loso's Main street Pub 3.2 off Sale, 1 Cigarette, 1 Entertainment Device, 7 Amusement Devices st. Joseph Liquor Shoppe 1 .0 arette Hollander's Country store 1 Cigarette Krebsbach oil 1 Cigarette Super America 1 Cigarette st. Joseph Gas & Bait 3.2 off Sale, 1 Cigarette st. Joseph Meat Market 1 Cigarette st. Joseph Joes 3.2 On Sale st. Joseph Recreation Association 3.2 Ofi Sale; 1 Cigarette .&T Liauor . Ôff Sale Non-Intoxicating Hazen made a motion to approve Change 1992 UTILITY IMPROVEMENTS - DBL LABS: Order No. 1 for the 1992 utility Improvements -DBLS Labs Sanitary Sewer and Lift Station project, Contract II: Control Building; seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, Haz~~. Nayes: None. Motion carried. Loso made a motion to approve Application for Payment No. 1 for the 1992 utility Improvements - DEL Labs Contract II: Control Building, to W. Gohman Construction, of $37,934.70; seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. CAPITAL' OUTLAY REQUESTS: Sadlo made a motion to approve the snow plow dump truck for the street Department, at a cost of $15;000 to 19,000, which was tabled at the last meeting, and to put $250 down to hold it; seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Hazen made a motion to approve a capital outlay request of Parks & street Departments for a Maltrac 300 VHF mobile radio at estimated cost of $460; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Haz~~. . Nayes: None. Motion carried. 411(lerk\Adrrdnistrator requested a new 42" lateral file with a lock, at $482, for he city office. COill1cil was in general agregnent to look for a used file through a used equipment retailer. . Page 2157 . December ' .., 1992 ...L! I --The Mayor questioned if Adrrrrnistration has gotten Dick a new chair for his office yet. Council was in ge.'îeral agreement to állow Dick to find a chair which would meet his needs. POND VIEW RIDGE ADDTTON: Joe Bettendorf recommended accepting formally, Pond View Ridge Addition, with the stipulation that the developer/owner måke correctior£ to Jerry Neu's property and asbuilts are provided to the City. Rieke made a motion to formally accept Pond View Ridge Addition, with the stipulation that all persor~ with a financial interest in the development sign a written corrrrrrtttment that the corrections to Jerry Neu's property, and some agreed on sod, will be made in the spring, and asbuilts will be provided to the City. The motion was seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. At 10:00 p.m. the ITByor extended the lneeting for 15 nùnutes. DBL LABS: Council considered Jerry Hirschfeld's letter or request for reinmursement or dollars advanced by DBL Labs, in anticipation or the Sanitary Sewer project. Dehler made a motion to approve the reimbursement of $20,000 for an adVanCSTI81t in anticipation of the project, and $311 for survey costs for establishing legal description or the area to be annexed. The motion was 4Ifeconded bv Sadlo. Discussion - It was understood that DBL Labs was to fund heir portion, through Stearr~ Electric. Also this was to get the proJect ~Oing, and it is q~estionable if it is reiITbursable. Ayes: Dehler, SadIo, Rieke, Haze.'î. Nayes: Loso. Motion carried. CLEFK!ATh~INISTRATOR REPORTS: ' , Police Chief gave the CIerk/Adrrrrnistrator a -,-) copy of a bar violation, from early a.m. on 12-17-92: at the illnericæl Legion chili. Counci 1 agreed to set up a hearing for the next Council meeting. ,,' L.) Requests for exte.'îsion of 1992 vacation days were presented. Loso made a motion to approve the extension or 1992 vacation days, of Ray Bechtold for two days and Dick TauÍen of up to six days; seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, HazE:...r}.. Nayes: None. l-íotion carried. MI~~SOTA ST"""'J:'\..t.,~'J: - PROPOSED Ilv1PRO\IB~IT: The Council . ., :'1 ' , , take recelvea ana Wlll wIder advissnent, a letter from Greg Reir~artJ Preside:n.t of trle st. ,Joseph Charr~er or Commerce. Mr. Reinhart stated that the Chffinbe~ or Commerce supported retaining the 54 foot width of ptiili~esota street, by motion. This issue was addressed in anticipation of a ì~nnesota street ImpLov~~ent project for the Sillrrner of 1993. Sadlo thanked the Council for the oppOl·tuni ty to wOl'k 'JoÍi th than the past years. The Counci 1 agreed to table the persoDBel policy ffia.iJ.ual to the next meeting. :llfad:O made a motion to adjourn at :0:15 p.m. with a Merry Christmas ffi1d Happy ·olidays. Hazen seconded the motion. Ayes: Dehler, SadIo, Rieke, Haz~ì, Loso. Nayes: None. Motion carrieà. G t' ;f ~ I Amendment of Ordinances 51 and 52 of the st. Joseph Code of Ordinances - 1992 Edition The city council for the city of st. Joseph hereby ORDAINS: 1) That section 51.1 of the st. Joseph Code of Ordinances - 1992 Edition is hereby rescinded and the following provision enacted in its place: section 51.1: PERMITS REQUIRED. No person shall erect, alter, wreck, or move any building or part thereof within the city of st. Joseph, without first securing a building permit and shall be accompanied by a plan showing the dimensions of the lot to be built upon, the size and location of the building upon the lot and any accessory buildings to be erected, the use to which the intended building is to be put, and the estimated cost thereof. Each application shall be accompanied by a certified check or cash to cover the building permit fees hereinafter provided, as well as the State surcharge in the amount fixed by law. If the proposed building complies with the Minnesota state Building Code and the regulations adopted by the state . of Minnesota as well as all of the ordinances of the City of st. Joseph, the City Building Inspector shall . issue a permit therefor conditioned upon the applicants compliance with all of the State Laws and city Ordinances. All permits shall be co-signed by the city Clerk and all additional permits necessary shall be obtained at this time. Building permits shall not be required if the work to be performed is limited to the following: replacement of windows, repair or replacement of interior or exterior doors, shingling or reshingling of a roof, siding or residing, interior remodeling not involving the removal or relocation of an interior wall. A permit shall be obtained for the construction or reconstruction of an Accessory Building as defined in Ordinance 52.4 Subd. 1. 2) That section 52.6 of the st. Joseph Code of Ordinances - 1992 Edition is hereby rescinded and the following provision _ enacted in its place: Section 52.6 BUILDING PERMITS REQUIRED. No person shall erect, construct, enlarge, move, convert, or demolish any building or structure in the city of st. Joseph, or cause the same to be done without first obtaining a separate Building Permit for each such building or structure issued . by the Building Inspector and signed by the City Clerk. Fees for all building permits shall be established by the . City Council in accordance with the Minnesota State Building ~ I Code. Building permits shall not be required if the work to be performed is limited to the following: replacement of windows, repair or replacement of interior or exterior doors, shingling or reshing1ing of a roof, siding or residing, interior remodeling not involving the removal or relocation of an interior wall. A permit shall be obtained for the construction or reconstruction of an Accessory Building as defined in Ordinance 52.4, Subd. 1. 3) The section 52.13 d) of the st. Joseph Code of Ordinances - 1992 Edition is hereby rescinded and the following provision enacted in its place: d) In all residential districts, no accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. No accessory bui1ding(s) and/or private garage(s), either attached or detached, shall occupy an area greater than 8 percent of the total lot size or a total combined area of 800 square feet, whichever is the lesser, unless authorized by variance granted pursuant to Ordinance 52.7. -,.~ 4) That section 52.16 Subd 4 e) of the st. Joseph Code of Ordinances - 1992 Edition is hereby rescinded and the following . provision enacted in its place: . e) No accessory bui1ding(s) and/or private garage(s), either attached or detached, shall occupy an area greater than 8 percent of the total lot size or a total combined area of 800 square feet, whichever is the lesser, unless authorized by variance granted pursuant to Ordinance 52.7. 5) That section 52.17 Subd. 4 f) of the st. Joseph Code of Ordinances - 1992 Edition is hereby rescinded and the following provision enacted in its place: f) No accessory bui1ding(s) and/or private garage(s), either attached or detached, shall occupy an area greater than 8 percent of the total lot size or a total combined area of 800 square feet, whichever is the lesser, unless authorized by variance granted pursuant to Ordinance 52.7. 6) That section 52.19 Subd. 3 d) of the st. Joseph Code of Ordinances -,1992 Edition is hereby rescinded and the following provision' enacted in its place: d) No accessory building(s)- and/or private garage(s), . either attached or detached, shall occupy an area greater than 8 percent of the total lot size or a total . combined area of 800 square feet, whichever is the , , ~ N I lesser, unless authorized by variance granted pursuant to Ordinance 52.7. These ordinance amendments shall become effective upon pUblication. These amendments were approved by the st. Joseph City Council this ____ day of January, 1993. Mayor Clerk/Administrator N: \ci1y\stjœ\af12292.251 . . I Mayor . Steve Dehler ~ Councilors Leo Sadlo Ross Rieke Bob Loso I Fj", A~"". NW Stephanie Hazen .0. Box 668 City Clerk! Adm 't. Joseph, Minnesota 56374 (612) 363-7201 Rachel Stapleton CITY OF ST. JOSEPH December 22, 1992 Mike Westerhoff, Commander John Kuebelbeck American Legion Post #328 PO Box 381 st. Joseph MN 56374 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Violation of conditions of liquor license Dear Commander Westerhoff: I wish to advise you that it has come to the attention of the st. Joseph City Council that an alleged violation of state and/or local liquor laws has occurred at the American Legion I Post 328 Club. As a condition of the liquor licence granted to your club by the City of st. Joseph, you are required to operate you business in conformity with all state and local liquor laws. The following liquor law violations have been reported to the City Council by the st. Joseph Police Department: Customers in bar after hours. Seven persons still in bar at 1:55 a.m. on 12-17-92, and six persons still drinking. For your review, I have inclosed copies of the police reports relating to this incident, which more fully outlines the nature of the alleged violation. If you would like further information regarding the violations, such as reference to the specific statute or ordinance violated, please contact the city attorney's office. Before the City Council takes any action regarding these alleged violations, you have the right to request an evidentiary hearing on the violations. At that hearing, the City Council will consider evidence presented by the city attorney with respect to the alleged violations. At that time, you may cross examine any witnesses and offer evidence of you own. You may be represented at this hearing if you wish. , The purpose for this hearing is simply to determine whether or not the allegations, as alleged in the police reports, in fact occurred. The time for the hearing is scheduled for " -( Page 2 , Liquor license violation 9:00 p.m. on January 7, 1993. If you wish to have an evidentiary hearing, you must specifically request it in writing at least ten days before the afore-mentioned date. This request shall be made to the City Clerk/Administrator. If you do not request an evidentiary hearing, it wi 11 be presumed that you have waived the hearing. Upon determination of a violation, the City Council will proceed to consider what, if any/ discipline is appropriate. Revocation or suspension of you liquor license are among the alternatives. This consideration will be made at the City Council meeting scheduled for January 7, 1993. Whether or not you request an evidentiary hearing, you do have the right to appear before the Council at that time and present any arguments on your behalf regarding the appropriateness of discipline. Please contact me if you have other questions. Sincerely, I ~~ Rachel Staple on Clerk/Administrator copy: Patty Houdek John Scherer Bud Reber Members of the Council I '. ". . ({UK , c (-+1 T h Lt"r 12-1'7-92 St. J()~:;eph Police Department TinH?~ 3n(~6 am Initial Complaint Record Casi:? HumIJ(~'(' ~ r2¡.~0r.iH~15:l D...1 ;~ e ¡~: (.? P () '(' t '2 d ~ :1.í:::/17/'JE Report(·?d By: DOÜ~ n d d ï' e <;~:> ~ npt:. *t : Phon('!! H ~ (;:t.ty~ S"t:¿·{ to:6 :} Zip CC)cle~ D¡:\n~leï' (Y/I' ) n Com pI ð.:í. 1l<H1t ~ SJPD ))()B~ f~ddï'ess: 2:'i 1 ST nVEø NW npt.. :H~ Phone :1:1: 61 ¡?I 363-'82SØ City~ ST. JOSEPH S tat:~? : "'1N Zip Cod(,?~ !3 (:.. 3 'l ,(, Dan 9 (·?·r ('I'/I'I) ~ 1'-1 Incident Description: THIS OFFICER FOUND SEVEN PERSOHS STILL DRINKING IN THE LEG I ON B(-)f\. BARTENDER BOB KAUS CLAIMED HE HnD TI:;:IED SINCE 0115 TO GET THE PEOLPE OUT. SEE REPORT FOR NAMES. Squ¿\d/Bad !~{~~ H':¡.: 1'72 Add '!~, 1 F:(,?poTts, . ··{i·7J-:::. p'r D 'I~ i:? c t (,? d .. I'! 0 F:cv'd Byn T/2 Dê\Y: THUR I)"l te Comnd, tted ~ 1 [~I 1. "7 ./ ;) ;72 Timt:! Comm i tt€·?d :: 01 £':'1::" .. ....1 __I '"eM. Key C()n'¡~'ro J. 1'~Llm b(~T (0 U) ) Cont. I~!~(·?nc?, I'~CIC Id(·?n'¡~. ( cnD) ECI 9200é.~1.~!1 ¡vll\! \J -/ ;:3 :1. 1 ø ø :0<.'\ t:(~ I~i:'!! pO'r"\:;('?d ( I:;; P :0 ) T i mr:.' ~:i:? PQ'I~t;{2d (T :;;P) L 0 C <.1 t: ion 1.3 '!~ i d 1'~lI.m IJ(,?·¡" (I... GI\I) 121 17 r:)f.~ 01 : 5~:.i HJ:J.Ø:l. P:I. <:\c('!! Cc:mm i tti:?d (PU~) :: I... [(3 I () t·,¡ Bn ¡:;: HRO ~~qu¿....d/l-b.dg(~ g (SBH) T:i.mi:? nssig. (TnS) Tim (.? (:¡ '(' 'f'" (T I~ ~: ) Tim (.? C:I. 'f' . ('rCI... ) "I 772 01 n t::"C:. 0:J. ~ l::-I::" 0;':':: øJ _I..J "'}'k.1 u I ~; t, U (J C U C ~3 111 I:) í~ -/ f~ ~) , , , " . ST. JOSEPH POLICE DEPARTMENT , SUPPLEMENTARY REPORT ICFW '32002151 COI'1PLA I NAI'-IT : SJPD OFFENSE:: LEGION BAR VIOLATION PAGE ~ 1 DATE:: 12--17-'32 AT 0155 THIS OFFICER NOTICED PERSONS STILL IN THE LEGION AND SEVERAL CARS STILL PARKED OUTSIDE EVEN THOUGH ALL THE OTHER BUSINESSES WERE CLOSED. TH I ~~, OFFICER ENTERED THE BAR AND FOUND FIVE MALES AND TWO FEMALES. THE FIt)E l'1i4LES WERE STILL DRINKING AND ONE OF THE TWO FEMALE WAS DfUt-IKHIG. THE OTHEr;: LATEF~ CAME OUT OF THE RESTROOM. THE FOLLOWING PEOPLE I RECOGNIZED. FF:f:~I'~I< LO~30 ~ D(~I)E LDSD~ DONALD GUNNER JOHNSON~ I"IAT (FROM ST JOE GAS AND BAIT) AND THE FDRTH MALE I CAN~T REMEMBER HIS NAME. THE TWO FEMALES I DO NOT KNOW. THE DRINKS VARIED tOI'1 BEEH BY THE GLASS AND BOTTLE AHD WHi\T APPEAHED TO BE A FHESHL Y \'lADE ~LOODY MARY. THE BARTENDERS NAME WAS BOB KAUS. HE CLAIMED HE HAD TRIED TO GET EVERYONE OUT SINCE 0115 BY THE BAR CLOCK. TIMES LOGGED WITH STEARNS COUNTY SU. I " Benton County (ij Saint Joseph Township I lIaven Township Saint Wendel Township LeSauk Township , ,~ Sartell , , , - int Augusta Township Sauk Rapids int Cloud ST. CLOUD AREA PLANNING ORGANIZATION Sherburne County Saint Cloud Township 665 Franklin Ave. N.E. St. Cloud, MN 56304 Stearns County Saint Joseph 612/252-7568 Waite Park De'cember 14, 1992 Mayor steve Dehler P.O. Box 129 st. Joseph, Minnesota 56374 . ' Re: Local Assessment supporting the APO's C.Y. 1993 Planning Work Program Dear Mayor Dehler: The st. Cloud Area Planning Organization at their August, 1992, meeting, adopted the C.Y. 1993 Planning Work Program. This program identifies various activities 'that the APO will be involved in throughout 1993. , The program is supported with grants from the Federal Highway Administration (FHWA) , the Federal Transit Administration (FTA) , the Minnesota Department of Transportation (MnDOT) , the st. Cloud Metropolitan Transit Commission (MTC) and matched with local member jurisdiction assessments. The operating budget for 1993 totals $302,430. This represents a 5.1 percent increase over the 1992 budget. The total 1993 assessment for the City of Saint Joseph equals $2,668. The APO will invoice for this amount in two equal installments due in January and July of 1993. Attached is an invoice for the first installment, due on January 15, 1993. ~;y~ William G. Hansen Executive Director WGH/jh Rachel Stapleton, Clerk , A Voluntary Association That is Committed to Coordinated Long-Range Planning Through Constant, Cooperative, Intergovernmental Communication . ST. JOSEPH RECREA TlONAL ASSOCIA TION, INC. P.O. BOX 601 , ST. JOSEPH, MINNESOTA 56374 DATE: October 22, 1992 TO: St. Joseph City Council FROM: St. Joseph Recreational Association Inc. RE: Real Estate License The five-year real estate park land license agreeMent between the City and this Association which is dated April 21, fQ~8 . in 1993. ~~V' expIres An aMendnent dated April 6, 1989 also expires then. . Request renewal of the license for a new five year period. Tke 1090 III fVf tlÞanendMent should be incorporated as an added paragraph 8 nnder the agreeMents enuMerated for the City of St. Joseph. Prior to 1988, the 1976, 1979, 1982 and 1985 agreeMents were cOMpleted in Mid-February. This date best conforMs to our annual Meeting regularly scheduled for late February and the detailed planning of our SUMMer season which starts in March. Request cOMpletion of the 1993 license prior to February 15, 1993. RecoMMend no other changes. Sincerely, L~ . G~Ch]eiCher Director/President - , , -' , , REAL ESTATE PARK LAND LICENSE CITY OF ST JOSEPH MINNESOTA 4- ~ License is hereby granted this _~____ day of ___ __________, 1988, to the St. Joseph Recreational Association, a Minnesota non-profit corporation, exclusive use of the following City Park property: The Southerly Two Hundred Ninety (290) feet of the Northerly Three Hundred Thirty (330) feet of the Westerly Six Hunàred Twenty (620) feet of the Northwest Quarter of the Northeast Quarter (NW1/4,NE1/4) of Section Nine (9 ) Township One Hundred Twenty Four (124) North, of Range Twenty Nine (29) West, Stearns County, Minnesota, and the area South of this parcel which is north of the west, to east drainage ditch which traverses this tract. 4IÞ for a period of five (5) years; subject to provisions _ contained in this license. - The City of St. Joseph, Minnesota grants license subject to rules and regulations established by the City Council, subject to amendment from time to time, in consideration for the mutual promises contained herein, the parties agree as follows: The City of St. Joseph will: 1) allow St. Joseph Recreational Association to use the premises and to sell concessions and the City shall not grant license to any other individual, group, or organization except on approval of this license holder. The Recreational Association shall not assign license to any other group, organization or individual without written approval of the City. 2) maintain access roadway at the current conditions. 3) provide garbage containers and regular garbage pickup. 4) provide supplies and materials normally in City inventory and city owned equipment and services performed by city employees at no charge to the license holder. 5) will carry normal landlord public liability insurance . on the premises and to carry fire and extended coverage insurance on all structures erected and to be erected. 6) yearly appoint one member of the City Council to - serve for one year as a member of the Board of Director~ of the Recreation Association and ac~as 1iason between the City and the St. Joseph Recreational Association. Page 1 . < . , 7) The City .wil1 cut and dethatch grassed areas as necessary. City personnel will assist with the opening and closing of the facility. - The St. Joseph Recreational Association will: 1) allow use of the property by residents of the City of St. Joseph and the general public on the licensed premises, for St. Joseph Recreational Association approved softball activities. 2) Not remove any sand, gravel, soil or minerals of any kind without the permission, in writing, of the City Council. 3) assume the expenses of all materials purchased for installation upon the premises, and for repairs or services which are not normally the services of the City. The Recreation Association shall pay for all materials purchased and any costs incurred with respect to installation of materials, repairs, construction, before any liens, in the nature of mechanics liens, or otherwise, attached to the property and shall be . responsible for the ¥rompt removal of all mechanics liens which shall be i1eâ with respect to materials or services contracted by the Recreational Association. 4) conduct softball operations and concessions on the premises and net profits earned shall be used for maintenance and improvements of the premises according to the St. Joseph Recreational Association constitution and by laws. 5) Provide the City with information and data needed to perform services agreed. The Board of Directors shall yearly appoint and provide the City with the individuals appointed to the following responsibilities. a) A director for maintenance and construction. b) A director for concession operations. 6) Hire personnel to maintain the premises as required. 7) Shall leave all structures and improvements on premises on termination of this license. 8) Provide the City with an annual financial statement of its operations. 9) open facility by putting into service water, irrigation, plumbing, lighting, electrical, cooling and heating systems, with assistance of city personnel. 10) make necessary repairs, and perform maintenance to assure that the infields, outfields, base lines, bases, backstops, fences, warning track and bleachers are prepared for use as scheduled. Grassed areas will be . aerated, herbicided and fertilized as necessary, by Recreational Association. 11) Recreational Association will function as employer and supervisor of their summer employee, maintain personal records and complete payroll activities for their emp1oyee(s). Page 2 . . . , , 12) If any alcoholic beverages are sold as part of the concessions or operations, that the Recreational Association will carry dram sQoP liability insurance as required by State law and local ordinance. 13) The Recreational Association will make the area available for use by the general public during . times when there are no scheduled league activities, or other organized activities by the Recreational Association, including scheduled maintenance of the area, provided that the activity does not damage or alter the premises. For purposes of this agreement and all other matters, the St. Joseph Recreational Association shall constitute a separate entity from the City of St. Joseph and at no time shall the St. Joseph Recreational Association represent or hold itself out as a commission, subdivision or branch of the City of St. Joseph. This agreement evidences the entire understanding and agreement of the parties. This agreement supersedes or revokes any prior agreement, either written or oral. No prior oral statements or agreements are valid or enforceable. Modifications or amendments to this agreement shall be in . writing, executed by the party against whom enforcement is sought. Termination of this agreement may be made by either party effective 180 days after receipt of written notification of such termination. . Page 3 , > , .' , . . . '. .ITY of ST. JOSEPH 121 FIRST AVENUE NW PO BOX 668 INCORPORA TED IN 890 S'r. JOSEPH, MINNESarA 56374 MEMBER LEAGUE OF MUNICIPALITIES April 6, 1989 AMENDMENT TO REAL ESTATE PARK LAND LICENSE dated April 21, 1988 between the city of St. Joseph and the St. Joseph Recreational Association. License agreement is amended to include monthly rent for the use of the premises as allowed per license agreement to be established at zero dollars ($0.00) per month for the term of the license. . -~--~----- Mike Loso, Mayor ~~~k7Admñ~- (f2..&h~-4-,-~ nn David A. Terwey, President St. Joseph Recreational Associ Inc. - 0é~¿~~ Patricia Gangl, Secretary St. Joseph Recreational Association, Inc. Approved by the St. Joseph City Council at its regular meeting held on April 6, 1989. . · , P.O. Box 7, Avon, MN 56310 Phone 356-7342 FAX 356-7631 December 15, 1992 City Council City of St. Joseph P.O. Box 668 St. Joseph, MN 56374 Re: Request to have Improvements for Phase II of Northland put on Assessments. I Dear Council Members: Would you please consider allowing Lumber One, Avon Inc. to pay for the improvements to their proposed Phase II of Northland subdivision through city assessments. If your answer is yes, we can pay for the improvements with assessments, we need to know what costs will be included and what the interest rate will be. We will compare that with doing it privately as we have done in Northland Phase I. I talked to John Scherer, your City Attorney, who suggested I write to you with this request. Could you let me know some answer soon regarding assessment availability and projected costs that will be assessed (see schedule attached). Sincerely, b'~~ TJS/clg Enclosure cc: John Scherer Joe Bettendorf I ~' . . .. I S C H E D U L E 0 F A S S E S S M E N T -~~-~---------~-~~--------~---~------------ ASSESSMENT COSTS TO IMPROVE NORTHLAND PHASE II Approx. Cost St. Joseph's Counsel for Project $ ------- St. Joseph's Engineer for Project $ (Including Plans, Specs, Staking, & Inspections) ------- Road & Site Utilities Construction $175,000 (Phase I Cost $176,700 for Construction) Testing $ ------- Bond Counsel Fees & Bond Placement $ ------- Capitalized Interest $ I Projected Total Amount Assessed $ * ------- ------- *Is This List Complete? I Monte Eastvold, Jurrand & Moody Interest Rate Approximately 8% ~ ~ . V e DONOHUE RAJKOWSKI L TO. Attorneys at Law Reply to: St. Cloud December 23, 1992 ST. CLOUD 11 Seventh Avenue North P,O. Box 1433 SI. Cloud. MN 56302-1433 612·251.1055 Ms. Rachel Stapleton 800.445·9617 St. Joseph City Clerk FAX 612.251.5896 City Hall St. Joseph, MN 56374 MINNEAPOLIS 2904 Plaza VII Re: City of St. Joseph 45 South Seventh Street Legal Fees Our File No. 14,873 Minneapolis, MN 55402-1620 612.339.9206 Dear Rachel: 800.445.9617 FAX 612.339.4775 I have enclosed a photocopy of a letter I received from . Terry Schmid in mid December. Terry had talked to me prior to sending this letter. He asked me if the City . would be opposed to paying the cost of the installation of public improvements and assessing those costs back MICHAEL H, DONOHUE to the properties upon completion of the improvements. FRANK J, RA/KOWSKI I advised him that the City has not funded improvements GORDON H, HANSMEIER for a new development since Clinton Village. I told FREDERICK L. GRUNKE him that I had some reservations due to the fact that THOMAS G, JOVANOVICH the City is much more vulnerable to a default since one party will be the owner of all or the majority of the JOHN H, SCHERER property. I will contrast that situation to the PAUL A, RA/KOWSKI circumstances where we rebuild a road or extend a sewer JANET G, POLLlSH to areas where the cost will be assessed against a number of properties all owned by a different person. KEVIN f GRAY Although you may have a default payment at one WILLIAM J. CASHMAN property, that default will not be widespread. DAVID T. SHAY I subsequently discussed this matter with Joe CAROL A. STARK Bettendorf as well. Joe is not excited about the RICHARD W SOBALVARRO proposal. He would prefer that improvements for new MICHAEL C RAjKOWSKI developments be installed by the developer, subject to A CHAD McKENNEY a developer's agreement, as we have been doing over the MOLLY J. WINGATE last several years. lAMES H, KELLY. M,D.. fACP. In Terry Schmid's letter, he stated: III talked to John . MEDlCALCOSSULTA~T Scherer, your city attorney, who has suggested that I write to you with this request. " I do not want the - RDON H. HANSMEIER IS ADMITTED TO PRACTICE IN NORTH DAKOTA A."lD WISCONS{N, City Council to have the impression from Mr. Schmid's . PAUL A. RAKJOWSKI IN WISCONSIN, I letter that I was recommending his proposal. The i\ROL A. STARXIN ILLINOIS AND MISSOURI I ND WILUAM J. CASH.'dAN IN SOUTH DAKOTA. - I Ms. Rachel Stapleton December 23, 1992 Page -2- message that I conveyed to Mr. Schmid was that the decision regarding assessment for the improvements would be a decision to be made by the City Council, not by Joe Bettendorf or m~. Personally, I prefer to see the developers install the improvements and finance the improvements without the use of City funds or special assessment. There may come a day when the City has to become involved in the development business again to encourage development in the City. Until that day comes, I would prefer that things remain status quo. Very truly yours, DONOHUE RAJKOWSKI LTD. , JHS/baz cc: Joe Bettendorf L:\gen \14873\af122392.011 I W I 8:00 I REGISTRATION I I 8:30 I WELCOME & OPENING REMARKS , Chair, Stearns County Board of Health Community Health Services Staff - t 9:00 t" ,; .oj COMMUNICATING WITH FAMILIES AT THE'SCENE Bob Brenny, Owner, Brenny Funeral Homes (Practical tips on what to say to families and friends at the scene.) I 9:45 I BLOODBORNE PATHOGENS ~ f Renee Friuendienst, Disease Prevention Coordinator, Stearns County (~reventingéhe transmis~ion of bloodborne pathogens - an OSHA Update.) -..-... I 10:30 1- BREAK/VENDOR DISPLAYS _. , 110:45 I STAYING SANE IN AN INSANE WORLD Brian jacobsen, NREMT-P, Murphy Ambulance (Understanding why EMS is stressful, recognizing destructive behavior and different "tools" for use in reducing stress.) J I III :30 I CISD· WHAT GOES ON BEHIND CLOSED DOORS? _ William Tregaskis, PhD, LCP, Central MN Mental Health Center - Stewart Wirth, Deputy Sheriff, Wright County (Discover how the Central MN Critial.l!,cident Stress Debriefing Program works.) 112:15 I LUNCH/VENDOR DISPLAYS I -I :30 I PLASTIC & RECONSTRUCTIVE SURGERY FOR THE TRAUMA PATIENT Jim Smith.. MD, Midsota Plastic & Reconstructive Surgeons PA - (Using reconstructive surgery to treat traumatic injuries, Actual cases will be presented.) I 2:30 I EMERGENCY VEHICLE ACCIDENT RECONSTRUCTION - Harold Risk, PhD, Risk's Safety Consulting Co, (Principles of accident investigation and reconstruction.) 13: 1 5 I CLOSING REMARKS 1992 EMS TASK FORCE STEARNS COUNTY 1992 EMS STAFF I 1992 BOARD OF HEALTH- Lyle Belling Roger Rosenberger Judy Detloff John Sanner District I - Robert Gambrino Randy Dingmann' Mary Scott Roma Steil, Director . District 2 - Mark Sakry Mike Hofmann' James Smith Judy Johnson, EMS Coordinator District 3 - Rose Arnold Tom Jansky Carol Steil' Sandy Kirckof, Secretary District 4 - Leigh Lenzmeier Pat Meier Cindy Stelten' District 5 - Henry Dickhaus Bill Mohs' Jack Stinogel ,- James Stueve' , Conference Planning Committee , 'RÜRÄL~ATER Association December 29, 1992 City of St. Joseph Box 668 St. Joseph, MN 56374 Dear Associate Member: Your membership in the Minnesota Rural Water Association this past year has proven that ymlr municipality is indeed dedicated to providing safe drinking water and adequate wastewater disposal for your community. We salute you - the leaders of Rural America. During this past year the Minnesota Rural Water Association has provided technical assistance to 1025 water and wastewater systems, traveling approximately 79,000 miles. This on-site technical assistance has saved Minnesota water and wastewater systems thousands of dollars. MRWA has purchased additional equipment to better serve the needs of our associate members. We have also initiated a library data base which includes many publications on water and wastewater operation, maintenance, user rates, funding options, regulations, etc., that are available for your use. Educational posters, bill stuffers and training manuals are also available. Presently your municipality is an Associate Member (Option B) of the Minnesota Rural Water Association. As you can see on the enclosed brochure, you may also join as an Active Member (Option A). This option allows municipalities the opportunity to participate as a voting member on the Board of Directors according to MRWA by-laws. The fee structure is $.75 per meter/connection with the minimum fee at $185.00 which includes a WITAF contribution of $10.00. The Water Industry Technical Action Fund (WITAF) supports research and documentation which may have an effect on your system. MRWA encourages your support of this task force of professionals who are striving to protect our natural resources as well as deliver the purest water at the most reasonable cost to our customers. By supporting this research fund, your system will have a voice in regulations. As an Associate Member we are asking that you consider a voluntary donation to WITAF. Through your membership and involvement in the Minnesota Rural Water Association, you have a voice. Along with the National Rural Water Association, you are part of the largest and strongest voice for rural and small water and wastewater systems. Sincerely, MINNESOTA RURAL WATER ASSN. RR 2 BOX 29 ELBOW LAKE. MN 56531 218-685-5197 FAX: 218-685,5272 3490 Lexington Avenue North St. Paul, MN 55126 League of Minnesota Cities (612) 490-5600 December 21, 1992 Dear city Clerk: The Conference for Newly Elected Officials is scheduled for Saturday, January 30 at the Sheraton Park Place Hotel. As many of you know, this conference is a must for city officials as they begin their new role in city government. A brochure is enclosed outlining the program, and includes a registration form for the conference, in addition to a hotel registration form. Also enclosed is a brochure describing two pre-conference seminars that will benefit both incumbents and newly elected officials. Offered by Government Training Service (GTS) and Women in city Government, these programs are conveniently scheduled on Friday, . January 29 at the same hotel. We encourage your city officials to attend the special full-day GTS · seminar titled, "When the Same Old Way Isn't Working Anymore." The focus of this practical and timely program is on the role of the po1icymaker in the change process and the skills needed to make positive change happen. On Friday evening, Women in city Government will sponsor a seminar on "Personal Effectiveness Under Pressure--Escape, Energize and Excel." Learn the three uncommon keys to being your best in a world of non-stop pressure. We would appreciate your assistance in distributing these brochures to your city's officials. Brochures have been sent directly to the newly elected officials. On behalf of the League of Minnesota cities and Government Training Service, we send you our best wishes in the new year. Sincerely, ') ,tf~./¡{;¡.l~ /é)(i;d_'t¡~~~~¿y~ \ Cam Andre J Helene Johnson Interim Executive Director Executive Director · League of Minnesota Cities Government Training Service · " , , W 'DONOHUE RAJKOWSKI LTD. Att t L Reply to: St. CJ..oud orneys a aw I December 17, 1992 I ST. CLOUD I 11 Seventh Avenue North I P,O. Box 1433 I Ms. Rachel Stapleton I St. Joseph City Clerk St, Cloud, MN 56302-1433 I City Hall 612·251·1055 St. Joseph, MN 56374 800.445.9617 FAX 612.251·5896 Re: Ci ty of St. Joseph Legal Fees MINNEAPOLIS I Our File No. 14,873 i 2904 Plaza VII i I Dear Rachel: 45 South Seventh Street I Minneapolis, MN 55402-1620 I . . . . h " As I dlscussed wlth you prevlous1y, our flrm as 612.339.9206 ,undertaken steps to reduce fees incurred in the 800.445.9617 ¡ prosecution of misdemeanors and petty misdemeanors. . FAX 612.339.4775 I Historically, we were able to do this work for the City I for an annual fee in the $14,000 to $16,000 range. . I Last year and during the first part of this year, that I annual fee began to rise fairly significantly. MICHAELH,DONOHUE I Since early this year, Mike Rajkowski has assumed the FRANK¡,RA/KOWSKI II primary prosecuting duties. Mike has made a conscious GORDONH,HANSMEIER i effort to reduce fees by being straight forward when FREDERICKL GRUNKE I plea bargaining and seeking an early resolution of " ! charges. Mike has attempted to deal with the criminal THOMAS G, JOVANOVICH I . , defense attorneys as early as posslble and make a ¡OHNH, SCHERER reasonable offer to resolve the claim up front, rather PAULARA/KOWSKI than drag out negotiations. Mike has reduced the ¡ANETG,POLLlSH backlog of cases which he inherited. By handling the charges quickly and more efficiently, the charges are KEVINFGRAY less. WILLIAM /. CASHMAN DAVIDT.SHAY I For the first half of 1992, prosecution was billed out , at a rate which would have equaled an annual total fee CAROL A. STARK of $19,564. For July through the end of November, the RICHARD w, SOBALVARRO 1 h . f 1d b $ annua rate of t e prosecutlon ees wou e 16,440. MICHAEL C RA/KOWSKI A CHAD McKWNEY I want you and the City Council to know that this is an MoLLY/. WINGATE issue that we are acutely aware of. We began to address this concern last winter. The result of our . ¡AMESH,KELLY,M,D,.FACP. action has become apparent in the second half of this ~EOICALCOX5ULTAKT year. .DON H. HANSMEIER IS ADMITTED TO PRACTICE IN NORTH DAKOTA AND WISCONSIN, PAUL A. RAKJOWSKJ IN WISCONSIN, CAROL A. STARK IN ILUNCIS AND MISSOURI AND WILUAM J. CASHMAN IN SOUTH DAKOTA. ~ r , Ms. Rachel Stapleton December 17, 1992 Page -2- As a further way to reduce the amount of attorney's fees incurred by the City, I would suggest the following: 1. When it is necessary to have legal counsel at a.City Council meeting/ issues relating to legal counsel should be set at within the same agenda. In that way, the City will not be paying the City Attorney to sit through issues for which his opinion is not needed. If issues requiring a legal opinion arise unexpectedly during the early part of the meeting, a decision on those issues can be deferred until legal council appears later in the meeting. 2. To the extent possible, where the need of a legal opinion is anticipated, the issues can be presented to the City Attorney prior to the Planning Commission or City Council meetings so that the City Attorney may consider the issues and send a letter to the City expressing his opinion in lieu of attendance at the meeting. 3 . Where attorney's fees are incurred with regard to activity benefiting an individual citizen, group of citizens, or . 1andowners/ such as a small public improvement or annexation, the attorney's fees incurred with regard to the . activity (or at least a percentage of the attorney's fees), can be passed on to the benefited parties. For instance, if a property owner requests annexation that will necessitate the involvement of the City Attorney, as a condition of approving the annexation, the City Council may want to require the property owner to reimburse the City for reasonable attorney's fees. Where sanitary sewer is extended to a group of houses not previously served, attorney's fees incurred with regard to that project may be factored in to the overall cost of the project and assessed in the same manner as the engineering portion of the improvement. We are already doing this with developments. I think there are other ways that the City can pass these expenses on to the parties experiencing the benefit of the services. 4. We are working with the Court Administrator's office to improve the scheduling of criminal matters. In years past, most of the criminal matters were scheduled on a single afternoon a week, or maybe a single morning and afternoon a week. Costs could be reduced by avoiding multiple trips to the courthouse and waiting for hearings to be called. I Unfortunately, with the expansion of the court system, scheduling has become more hodge podge. We are also running into problems with delays. On some occasions, Mike Rajkowski has found himself sitting at the courthouse for W . , Ms. Rachel Stapleton December 17, 1992 Page -3- two hours waiting to start. a hearing which will only take five minutes. Mike has joined a committee which is to work with the Court to attempt to remedy these problems. 5. Monthly "lunches" with the mayor and clerk, at no cost to the City, to discuss general issues and head off problems before they occur. If anyone on the Council has any questions regarding fees or any suggestions regarding bill, please let me know. Thank you for your continued confidence. Very truly yours, --J John H. Scherer , JHS/baz L: \gen \14873\afl21592.011 . - W I I w- ! i I I I DONOHUE RAJKOWSKI L T D. Attorneys at Law Reply to: St. Cloud December 29, 1992 ST. CLOUD 11 Seventh Avenue North P,O. Box 1433 SI. Cloud. MN 56302-1433 Ms. Rachel Stapleton 612·251·1055 St. Joseph City Clerk 800.445.9617 City Hall ¡ St. Joseph, MN 56374 FAX 612.251·5896 Re: City of St. Joseph v. Kacures MINNEAPOLIS I Our File No. 14,667 2904 Plaza VII 45 South Seventh Street I Dear Rachel: I Minneapolis, MN 55402-1620 612·339.9206 I In November, we re-initiated the criminal charge against Kacures. I subsequently spoke with his 800·445·9617 attorney, and I have been told that Kacures will FAX 612.33904775 replace the new part of the fence using the same type I of board which he had used in the original fence so that the extension provides screening as well as the same gèneral appearance. I would recommend that the City go along with this proposal on the condition that MICHAEL H, DONOHUE the charge is not dismissed until the fence is actually FRANK I, RA/KOWSKI replaced. This will probably occur sometime in late GORDON H. HANSM£lER spring, after the weather improves. FREDERICK L GRUNKE THOMAS G,IOVANOVICH I Would you give this some thought and let me know JOHN H, SCHERER whether or not this would be consistent with the I desires of the counsel arid the neighbors. I don't PAUL A, R../KOWSKI I I think you have to speak with anybody/ other than IANET G, POLLlSH discussing the proposal with Brad Lindgren. I would just like to know your thoughts or impressions if I go Kn'IN F GRAY ahead with this proposal. Personally, I feel that it WILLIAM f. CASHMAN is reasonable. DA\'fD T SHAY CAROL A, TRAINOR Very truly yours, RICHARO W, SOBALVARRO MICHAEL C RA/KOWSKI DONOHUE RAJKOWSKI LTD. I A CHAD McKENNEY lAMES H, KELO', MD" FAC? H. Scherer :\IEDIC\l CO:\SlJLTAi'\T I C,,"m,,'''"'~'''""'" JHS/baz ..\l'L A. R.-\JKm...·sKI ARE ALSO AO~tlTTED L:\gen\14667\af122m.Oll TO PRACT!Cf:. 1:\ ~ORTH DAKOTA A:\;D CO~SI\; RESPECTIVELY, CARUL A. TRA'..WR I~ IlLI:\OIS A:\;D MISSOURI, ..\i'\0 \...·lLLI.Ut J- CASHMAN!~ SOt:TH DAKOT,\. 3490 Lexington Avenue North - St. Paul, MN 55126 (612) 490-5600 December 14,1992 To: City officials From: Peter Tritz ENROLLMENT WILL BE OPEN DURING THE MONTH OF JANUARY FOR LMCIT'S ACCIDENT POLICY FOR MEMBERS OF CITY COUNCILS AND OTHER CITY BOARDS, COMMITTEES AND COMMISSIONS. This accident coverage is provided by CIGNA, and provides a lower-cost alternative to workers compensation coverage. By statute, elected officials and officers appointed for a fixed term of office are covered by workers compensation only if the city has passed an ordinance or resolution to that effect. The accident coverage applies while the individual is traveling . to or from a committee meeting, or while conducting other official business on behalf of and at the request of the . committee. The coverage provides a $100,000 accidental death benefit and a $400/week short-term benefit for total disability. While this accident policy was developed as a lower-cost alternative to providing workers compensation coverage, it is important to understand that the benefits are not equivalent to those of workers compensation. Some of the differences are that it does not include medical, rehabilitation, or retraining benefits; disability and death benefits are fixed, rather than being based on the individual's actual earnings; disability benefits are paid only for total disability, and for a maximum of 26 weeks; and the accident policy disability b~nefits may be taxable income to the individual. ' The city may provide coverage for any city boards, commissions, or committees it designates. However, all members of the respective board or commission must be covered; that is, the coverage cannot be offered on an individual choice basis. The cost of the accident coverage is $12.75 per person per year. (By comparison, LMCIT's 1993 minimum rate for workers compensation coverage for council members is $84 per person per year. ) The accident policy coverage year runs March 1 to . February 28. Additional information and application forms are enclosed. For . questions concerning the coverage or to put coverage into effect, contact Julie Seidlitz, The Brehm Group, 706 Second Avenue South, suite 750, Minneapolis, MN 55402; (612) 339-7385. laccpol/pd ~ç~ St. Joseph Parks Commission -"- . " St. Joseph, Minnesota 56374 ~/' I ~- .- - - - - Minutes December 28, 1992 Meeting was called to order by John A!1derson, Chairperson. Meeting was held at Mainstreet Pub. Members present were: Darwin Erickson, Joe Braun, John Anderson, Marge Lesnick, Fay Gretsch, Claudette Klein and Liaison Bob Loso. Member absent: Rich Schultz Minutes were approved by Darwin Erickson and seconded by Marge Lesnick. Liaison report: Bob stated that $11,927 in grant rroney is now in the Park Fund. A Legion baseball team will begin this spring for 15, 16-18 year old boys/men. Bob'will also mention to the Maintenance crew to re-finish the park signs this winter. Parking lot in Morningside park has been completed. Secretary will send a letter to Mike SWorski thanking for the service he has been done to the skating rinks. Old Business It was brought up to have skating lessons given for a few hours maybe on Saturday I mornings for a few hours. It was suggested that maybe a CSB student would be interested. John Anderson wrote a letter to Peter Rothfork regarding park property in the Northland Addition. Hockey rink is flooded at Kennedy and only half of the warming house is going to be used. Ringetta and Broomball teams have asked for use of the Hockey rink this winter. We should think about getting a cellular phone for Summer Rec program for emergency use. Sno Joes marked a path so Snowmobiles can pass through Merrorial Park from the south/north entrances. Secret-ary will wTite a letter to Mr. Groshen from Newsleader to contact Jerry and Doris Johnson on rules and regulations regarding snowmobiling in parks to be put in the Newsleader. Consideration of new. leadership with student representation and elementary student to be on the Park board. Secretary will also check to see how long members have been on the Park Board. Meeting adj ourned at 7: 40 pm. 800mi tted by: & " a. Id&:-.. , /.L-t.A---c.K.. ¿. ,. t..... ~....-'- I Claudette Klein P.S. Next meeting will be January 11 in City Hall. "" \ _ f"'o". ~. ~. ~'.' ~ """ """ ~ ~ ~. ~ ... , "-J '-' ~ ~. ~ ~. ~ ,~- ~ ~ ~ ~ c. ... ~ c a :::t. S· ~ . ~ ,OQ ~ ~ S·' ~ {5 ~ ~ ~;~ E", OQ ".,.., ~ ~ ~. ~ ~ Vj c ~ ~ - ~. ~ OQ ,~,. . ' ~. ~ ~ S ~ ~ -~' ~' ~ .' ,~. ~. , c c, $::) $S" ~ C ~. ,...~~ . , ~, ;:;',' .'.....'.....,." ~ ~,".. ~ '. ~ ~. """ ~ ~ ~ , ,~: $::) C .. OQ ~,Vj' Vj ~ ~ ~. CìC) . ~~);;; §.. 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