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Home My WebLink About1993 [02] Feb 18 {Book 03} · ... --f-~ 'l ~ ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke 1 First A venue NW Bob Loso P.O, Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363-7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton CITY COUNCIL MEETING February 18, 1993 7:00 P.M. AGENDA l. Call to Order 2 . Approve Agenda 3. Approve Minutes - February 4 4. Mayor Reports 5. Council Reports 6. Treasurers Report 7 . Chief of Police Reports · 8. OLD BUSINESS: a) Personnel Policy Manual b) Star City Program c) Ordinance Amendment - Garage and Accessory Buildings d) Employee wage rates for 1993 e) Consultant proposal for water and sewer f) st. Joseph v. Kacures 9. 8:00 p.m. OPEN TO THE PUBLIC 10. Recess 1l. 8:30 p.m. Northland Phase Two, Terry Schmid 12. Fire Chief Dick Taufen - Fire Hall Needs 13. Clerk/Administrator Reports a) Local Government Forum b) Loss Control Workshop c) Cable complaints d) Transfer of licenses from Dale Schneider to BIP, Inc. dba Sal's Bar & Grill Liquor Licenses - On Sale, Sunday On Sale, Non-Intoxicating Malt Liquors - On Sale, Off Sale Cigarette License · e) Delinquent water bills 14. Adjourn , . " Mayor Donald "Bud" Reber Councilors Ken Hiemenz Ross Rieke 21 First Avenue NW Bob Loso P.O, Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 City ClerkJAdm (612) 363-7201 FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton AGEr'lDA NOTES TO TH:E COUNCIL MEMO DATE: February 18, 1993 TO: FRCM : Information concerning the Agenda: 7. Brad Lindgren will ask you to consider adopting the Domestic Abuse policy which was in your packet for the last meeting. please review it for any questions or comments you may have. 8b. star City Program needs to have persons appointed to the star City Ccmnission. I have not received any recommendations. . 8c. See the Planning Comnission minutes and attachment for the Ordinance Amendment on Garage and Accessory buildings. 11. You all received a letter from Terry Schmid after the last Council meeting. 12. Information in packet on carbon monoxide in the Fire Hall. He also will discuss requests for city water, (2) information in packet. 13a. Local Government Forum to be held on February 26, at the Holiday Inn with registration at 9:00 a.m. 13b. Information on Loss Control Workshops is in your packet. Dick has requested to go, I would like to go and the Chief of Police has gone in past years. Registration fee is $10.00 and it is held in st. Cloud. 13c. A recent flyer sent by the Cable Company discussed increase in service and an increased charge. A customer called the company and was told that he could drop back in service to economy basic, but there is a $50 charge for dropping back. Another individual call ed because there is a new channel offered called VH-1. This was offered several years ago, but discontinued then. She felt she was already paying for it because rates were not reduced when VH-1 was discontinued. . 13d. Dale Schneider has now incorporated as of January 1. All his licenses need to be transferred to the corporate name. · , . " · 13e. Shut off notices were sent out on delinquent water bills. 31 were sent out and approximately one third have paid. They have until Friday, February 19 to pay. The water will be shut off on Monday. Anyone who requested was provided the opportunity for a hearing before the Council on February 18 at 8: 00 but no one requested a hearing. Also included is the st. Joseph Recreational Association financial report. · . . . .... . Page 2169 < February 4, 1993 _ursuant to due call and notice thereof, the City Council for the City of st. Joseph met in regular session, on Thursday, February 4, 1993 at 7:00 p.m. in ci ty Hall. MEMBERS PRESENT: Mayor Donald Bud Reber; Members of the Council Ross Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Steve Dehler, Judy Weyrens, Dick Taufen, Greg Reinhart, Joe Bettendorf, Dennis Stueve, Ted Schmid, Stuart Goldschen, Roman Spanier, David J Hallermann, Elmer Przybilla, Rollee Mohs, Al Mohs, Arnie Lauer, Judy Barg, Bill Barg. AGENDA: Hazen made a motion to approve the agenda as corrected, to include bills payable; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. MINUTES: The Council considered the minutes of the January 21, 1993 council meeting. Hazen requested that under agenda approval the wording is changed from "as increased" to "as amended", and that the minutes include that Requests for Proposals for the City audit were sent to the following auditors or audit firms: Mr. Bill Conboy . Mr. Marlin Boeckmann Frieler, Habben & Company Mr. Tom Murray Kern, Dewenter, Viere, Ltd. Hazen made a motion to approve the minutes of the January 21, 1993 Council meeting as amended; seconded by Hiemenz. Ayes: Reber, Loso, Hazen, Hiemenz. Nayes: None. Rieke abstained. Motion carried. MAYOR REPORTS: 1) Our attorney sent a letter denying the claim, to the attorney who requested that the City pay for costs of repairing a sewer problem, which to the City, appeared to be a property owner problem. 2) The Mayor met with representatives of st. Ben's. sister Moira requested that the City look for a future well site, on property other than st. Ben's. The Council concurred that the City would be sensitive to st. Ben's wishes and consider property other than st. Ben's first. 3) Mayor stated he has met with several of the employees. Dick Taufen agreed to post a work schedule for the maintenance employees by the week, in advance, so they will know the work plans for week. Dick also agreed to park the city vehicle behind City Hall when he is not working, rather than taking it home. He also discussed with Dick the manner of taking coffee breaks when working away from the maintenance building. Coffee breaks should be taken at the location where work is being done. The employees titre to bring their refreshments to the job site in their vehicles ather than each one driving back to the maintenance building. Many work hours and vehicle miles will be saved over the period of a year, which will amount to large dollar savings. The Mayor also . . . . , Page 2170 February 4, 1993 4Itiscussed the policy of payment of volunteer firefighters, who are also city employees. Currently, when on a fire call, during regular work hours, they draw their city wages plus compensation for the fire call. The Mayor stated that the need for the Fire Chief to be at fire calls could allow for him to continue the current practice. Hiemenz stated that the recent conference he attended addressed this issue. He will research it and report back. 4) Art Diedrich, Avon state Bank, offered the Lyman Hull property to the City, if the City is interested in purchasing it. After discussion, Loso moved that the City would only consider this issue after a certification from PCA that the property is free and clear of all contaminants. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 5) The Mayor reported that the APO recently discussed adoption of an official transportation map which would provide official corridors. The Planning Commission has requested information from our attorney on the effects of such adoption. COUNCIL REPORTS - RIEKE: Sidewalks from First Avenue East to Fourth Avenue West on Minnesota Street need to be looked at in relation to the up coming improvement project. Installation, 4IIePlacement, alignment, along with the issue of assessments of idewalks will need to be addressed. HAZEN: The Fire Board met and found some errors and inaccuracies in the third quarter financial report. The Board requested the Auditor to report to Fire Board on findings. The Board also discussed the need for a new building, capital outlay for 1993, and have applied for grant assistance to join other fire departments in jointly purchasing an air van truck. LOSO: 1) Loso stated a meeting was held with representatives of the Boys and Girls Club and the City for initial planning for the summer recreation program. 2) The skating rinks are now closed due to the unseasonably warm weather. They may be reflooded if the condition of the ice allows and weather permitting. 3) The Planning Commission recommended to have the developer secure land for a park, for phase two of Northland Addition. The Park Board had previously received a verbal donation of park land in that area from the property owner, and the Park Board desired the developer to provide dollars for the park requirement, to develop this park. The Planning Commission was infringing on Park Board areas. The Mayor stated the development is the function of the Planning Commission. HIEMENZ: Hiemenz discussed the Conference for newly elected officials which he attended. Matters covered were fire departments, public officials gifts, pay raises, liabilities - building inspectors, open meeting law, data privacy act, planning, land use and zoning maps, development ratios, salary increases and 4IIringe benefits, sexual harassment, equal opportunity and ADA olicies. 2) Hiemenz introduced and moved to adopt a sexual harassment policy; seconded by Loso. , ,- . Page 2171 February 4, 1993 . Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 3) The League of Minnesota Cities annual conference will be held in st. Cloud June 8-12. 4) Planning Commission met and considered a building permit for Scherer Trucking, property compliance needs to be reviewed; Mike Deutz had applied for a special use permit to allow a multi-family dwelling in a business district - he withdrew his request; Northland Development Phase Two was approved with many contingencies; approved a variance regarding accessory building\size for Ken Twit. The 164 square feet variance allows Ken Twit to exceed the maximum square footage. Loso stated he felt 800 square feet is very limiting for an accessory building. Hiemenz stated that the Building Inspector recommended no less than 1,000 square feet, but the Planning Commission felt control through the variance process was important. TREASURER'S REPORT: Judy Weyrens, Deputy Clerk, gave an abbreviated treasurer's report. Hazen made a motion to approve it as presented; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 4ItILLS PAYABLE: Loso made a motion to approve the bills payable as resented; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. OPEN TO THE PUBLIC: Residents of 91st Avenue, recently annexed to the City and new sewer customers, appeared to discuss the amount of their sewer bills which were $54.00 for two months. This was the base amount for anyone on sewer who does not have a water meter. They stated they are all in the process of getting meters installed. After discussion Hazen made a motion that the residents will pay the current bill of $54. The meters will be read at the end of February and April. Bills will be pro rated and adjusted according to their actual use in May. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazenr Hiemenz. Nayes: None. Motion carried. Hazen made a motion to recess at 8:15 p.m.; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. NORTHLAND DEVELOPMENT PHASE TWO: Ted Schmid presented a letter from Pete Rothfork discussing park land for the development. Considerable discussion followed, concerning donated land and developers park land requirements. Hazen made a motion to table ~his matter until clarification of donated park land and developer requirements for park land is obtained. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. . Page 2172 February 4, 1993 . Nayes: None. Motion carried. STAR CITY PROGRAM: Greg Reinhart, President of the Chamber of Commerce, discussed the Star City program with the Council. Loso made a motion to transfer the budgeted $5,000 from Economic Development, to the Star City program. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. The names of possible individuals to be on the Commission are to be considered at the next council meeting. BEAUTIFICATION PROJECT: Greg Reinhart and Dennis Stueve discussed with the Council and City Engineer the proposed beautification project for Minnesota street in conjunction with the Minnesota Street Improvement. HOOKUP FEES: Joe Bettendorf presented a proposal for hookup fees as discussed previously by a committee. Hiemenz made a motion to adopt the following proposal for new construction: Establishing hook-up fee for commercial\industrial operations based on flow. One unit = 500 gallons per day. Hook-up fee is currently . $800.00 per unit. DBL\MCO currently generates a flow of 9,000 gallons per day. Based on the above considerations, DBL\MCO would pay the following hook-up fee: 9,000 gallons 500 = 18 units 18 units x $800.00 = $14,400.00 The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. The Council discussed with Mr. Bettendorf, the proposal for renovation\expansion of existing business and referred it to the City Attorney for incorporation into the ordinance. NORTHLAND ADDITION: City Engineer Joe Bettendorf stated that his recommendations have been incorporated in plans and spec for phase two. Loso made a motion to approve the incorporation of the City Engineers recommendations into Northland Phase Two plat; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. SUPERINTENDENT OF PUBLIC WORKS REPORTS: Dick Taufen 1) presented the annual water report. He stated that the City is at a 90% water pumped to amount billed. He stated that this is considered very good. 2) He also presented the snow plowing policy. After 4IIiscussion Loso made a motion to remove the snow from around JR's obil and the south side of the El Paso. Also snow removal will be from the central business district, established as the square within the area of College Avenue to Birch street to Second Avenue ~ . Page 2173 February 4, 1993 ~est to Minnesota street. Mr. Taufen may use his judgement in plowing to the center of the street. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. The Mayor extended the meeting 15 minutes at 10:00 p.m. 3) Dick Taufen discussed the need to make city facilities accessible to the handicapped and to comply with the ADA Act. 4) He also presented a claim of mailbox damage from snowplowing. The Council has a policy on what is allowed and requirements for mailboxes. This mailbox does not meet the established policy. Reber made a motion to deny the claim because it does not comply with the established policy; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. PERSONNEL POLICY - EMPLOYEE BENEFIT PACKAGE: Council will address this when there is more time. Hiemenz offered a vacation\leave proposal for consideration at a future time. AUDIT PROPOSALS FOR 1993: Clerk\Administrator stated that the City only received one quote for the audit, and presented the .. uote from Kern, Dewenter, Viere, Ltd. Loso made a motion to ccept the quote of Kern, Dewenter, Viere, Ltd. for the 1992 annual audit; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. After discussion Hazen made a motion to accept the three year quote of Kern, Dewenter, Viere, Ltd. for the years ending 1992, 1993 and 1994 of $6,200, $6,500 and $6,800 respectively; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. CONSULTANT FOR WATER AND SEWER: Leo Sadlo's proposal for water and sewer was considered. The Council requested that he write a description of what his duties would be, for Council consideration at the next meeting. ST. JOSEPH V. KACURES: Council discussed the status of this matter. Rieke stated that he feels the Council and attorney are taking this matter too lightly. Reber and Loso stated that they feel that the City should pursue the matter. MINUTES FORM: Reber discussed if the Council wished to adopt a standard form. Necessary are all the actions of the meeting. He will research taping mechanics. Loso stated that all the tlteetings are now recorded and any Council member may listen to it at any time. Rieke discussed a thorough taping of the meetings. Hazen stated she would agree with this. He will research taping mechanics. Loso made a motion to continue with the minutes as .. .. , . Page 2174 , February 4 : 1993 4Ithey are with a little more emphasis on the discussion in relation to the motions; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Loso made a motion to adjourn at 10:15 p.m.; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Rachel Stapleton Clerk/Administrator . . · February 11, 1993 St. Joseph City Council c/o Rachel Stapleton, City Clerk City Hall St. Joseph, Minnesota 56374-0668 Dear Mayor and Council Members, Last December, of 1992, your mayor, Mr. Reber, had asked me to serve the council in the area of Sewer and Water Utilities. I did not request this or any other position with the city. I have informed the mayor that I would a~cBpt the appointment. · This means that I would be working with your city superintendent, Mr. Taufen and the city engineer, Mr. Bettendorf. I hope to be helping you in the field of planning and guiding this city in the present and the future. From time to time, I hope to keep you informed and act as a helping hand. I have experience in the fields of Water, Sewer, Electrical and Steam. I would hope my input would be beneficial to the city. I only ask for a small token for these services. If that seems to be your hesitation in accepting me in this position, you may adjust it as you see fit. Sin cerely, ? A " ~-!:~ '\.- ~. /} " G!..e(.c......) / u · cc: Mayor Reber Council Members .' . . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 (612) 363-8250 EMERGENCY 911 DATE: Feb. 18, 1992 TO: The St. Joseph City Council FROM: Chief Lindgren SUBJECT: JAN. INCIDENT REPORTS Dear Council Members, Please find enclosed the Jan. incident reports. In addition there are several other items I need council approval/direction on.andllh~vec6z them listed below. Also enclosed are a couple of more thank you letters the pølice department received last month. Also enclosed is a copy of a $200.00 chedk the police department . received from the st. Joseph Women of Today for continuing the DARE program. In addition to this check, and relative to the St. Joseph Police Departments DARE program, we will have taught over 200 kids in the 3rd 5th and 6th grades. There are many people to thank for getting this program, and keeping it going. If it were not for the St. Joseph City Council, this program would not be in place in St. Joseph. With this in mind, I have something to present to you, ?nd will have it at Thurs. council meeting. Also enclosed, and for your information I have enclosed a P.O.S.T. board letter relative to arrest situations. It is what we have known for the past several years and have operated under. It states full time licensed police officers(Our whole dept.) have full powers of arrest on and off duty in the city. Have full powers of arrest outside of the city while acting in the course of employment. At agency assists, while at court, or at training sessions, etc. The other area we would have arrest powers, would be while off duty out of the city, and confronted with a deadly force situation. (the State Attorney's Office would defend an officer who had any civil action brought against him/her under this sectio~. Again, for your information. At last months meeting I asked if you would be willing to pay $60.00 for Reserve Officer Dani Berube's recertification as a C.P.R. Instructor. During this time, I thought of an idea and will run it past you for con- sideration. I asked Dani, and she agreed, if the council paid for re- certification, she would .. Gffer, " C.P.R. training, free, and to the community. I think this is a good idea, very little cost, and some- thing the City & Police Department can offer our citizens that is . beneficial to the community, and is . very good public relatiofiS·~. I also did some checking, and our officers need to be recertifiel yearly in C.P.R., and every other year in advanced first aid. We recertified in advanced first aid last year, and I had Dani recertify our officers in C.P.R. last week. Enclosed is Dani's classes she could offer. . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 (612) 363-8250 EMERGENCY 911 Finally, liquor violations. I have been in contact with John Scherer. Five of the six bars/bartenders have pled guilty to the liquor violations/bar sting last year, and Mark Zimmer has pled guilty to a gambling viOlation. (also a liquor violation) The only party wþo has not pled to the liquor violations is the bartender from the La Playett~ She did not appear in court, and warrants for her arrest have been issued. The question we have for you is: Do you want to proceed with the council's action for the license violation now, or wait for the final case to be adjudicated. Can you please advise us as to how you want to proceed? Thank you. Sincerely, ~n_ Bradley J. Lindgren Chief of Police . . . Time: 1 : 49 pm Tht.\)'"· 02-04-93 St. Joseph Police Department Crime Summary Report - UOC Page: 1 Monthly Report For January 1993 SBN . All . Print ALL U 0 C codes Pr~int ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Lite¡-~al Translation ----- -----..--- ----------------.----------------------------- 9014 . 1 .~ SPEEDING · · ~ 9018 . · · 1 WRONG WAY 9020 . · · 1 FAILURE TO YIELD RIGHT OF WAY 9030 . · · 6 STOP SIGN . 9050 . · · 1 REAR TAIL LIGHTS 9079 . · · 1 EXPIRED REGISTRATION 9 1 00 . · · 1 SNOW REMO V f~L 9200 . · · 1 NO INSURANCE CJ222 . · · 7 ILLEGAL USE OF DRIVERS LICENSE 9251 . · · 1 DOG ORDINANCE 9274 . · · 1 MORE THAN ON ONE KEG 9284 . · · 1 PARKING ORDINANCE 928(~ . · · 1 UNREASONABLE ACCELERATION OR BRAKING . 9288 . i=: SNOWMOBLE ORDINANCE · · tlr 02-04-93 St. Joseph Police Department Time: 1 : 49 pm Crime Summary Report - UOC Page: 2 Monthly Report For January 1993 SBN : All Print ALL U 0 C codes Pt~ i nt ALL I SNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- --------------------------------------------- 9301 . · · 3 LOST PERSON 9302 . · · 1 LOST ANIMALS 9303 . · · 1 LOST PROPEFHY 9311 '::> FOUND PERSONS . · · .... . 9313 . t:" FOUND PROPERTY · · w 9314 . · · 1 FOUND VEHICLES ABANDONED 9420 . · · 1 PERSONAL INJURY MOTOR VEHICLE ACCIDENTS 9430 . · · 1 HIT AND RUN PERSONAL INJURY MOTOR VEHICLE ACC 9440 . · · 8 PROPERTY DAMAGE MOTOR VEHICLE ACCIDENT 94&2 . · · 2 MOTOR VEHICLE IN DITCH 9730 . · · 1 EMERGENCY MEDICAL Cj 7 32 . · · 1 EMERGENCY MEDICAL 9735 . · · 3 EMERGENCY MEDICAL . 9 a00 . · · 4 ALL MISCELLANEOUS PUBLIC . . Thut" 02-04-93 St. Joseph Police Department Time: 1 : 49 pm Crime Summary Report - UOC Page: 3 Monthly Report For January 1993 SBN . All . Print ALL U 0 C codes Pt" i nt ALL I SNs Print ALL LGN Codes U 0 C Total U 0 C Lit et"c::d Translation ----- ----- --------------------------------------------- 9802 . · · 18 MOTORIST ASSISTS 9803 . · · 2 PROWLER 9804 . · · 4 PUBLIC ASSISTS 9806 . · · ï::: HOUSE WATCH . 9808 . · · .:, SUSPICOUS PERSON 9809 . · · 1 SUSPICOUS VEHICLE 9810 . · · 2 REMOVE UNWANTED PERSON 9814 . · · 1 SUICIDAL PERSON 9815 . · · ¿ TRAFFIC HAZARD 9904 . ~ DELIVER AGENDAS · · .:, 9907 . · · 1 STREET SIGN DOWN 9909 . · · 4 GUN PERMIT ISSUED 9912 . · · 1 TRANSPORT MALE:. . 9913 . 1'-' ASSIST OTHER AGENCY · · .::. . t..lr 02-04-93 St. Joseph Police Department Time: 1 : 49 pm Crime Summary Report - UOC Page: 4 Monthly Report For January 1993 SBN . All . Print ALL U 0 C codes Pr~int ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Literal Translation ----- ----- -------_.~._----------------------------------- 991£"\ . · · 1 PAPER SERVICE (WARRANTS/COMPLAINTS/SUMMONS) 9917 . · · 2 ALARM 991 B . · · 1 OPEN DOOR 9923 . · · ..:, EXTRA PATROL NEEDED . 9926 . · · 3 911 HANG-UPS OR UNFOUNDED 9933 . · · 1 DRIVING COMPLAINT 9936 . · · 1 SNOWMOBILE AND ATV COMPLAINTS. C2112 . · · 1 FORGERY / COUNTERFEITING RELATED E6B70 . · · 1 ESCAPE/ FLIGHT RELATED J3500 . · · 3 D. W. I. L 1177 . · · 1 CRIMINAL SEXUAL CONDUCT M4102 . · · 1 MISC/FEDERAL/CONSERVATION/JUVINILE/LIQUOR M411l14 . · · 9 UNDER AGE POSSESSION/CONSUMPTION . N3030 . 1 DISORDERLY CONDUCT · · . . . . Thl'r 02-04-93 St. Joseph Police Department Time: 1 : 49 pm Crime Summary Report - UOC Page: 5 Monthly Report For January 1993 SBN : All Print ALL U 0 C codes Pt' i nt ALL ISNs Print ALL LGN Codes U 0 C Total U 0 C Lit er'a 1 Tr'ans 1 at ion ------ ----- --------------------------------------------- P3110 . · · i::.: DAMAGE TO PROPERTY P3119 . · · 1 DAMAGE TO PROPERTY P3139 . · · 1 DAMAGE TO PROPERTY P3319 . · · 1 TRESPASS . T4029 . · · 1 THEFT X3190 . · · 1 FALSELY REPORTING A CRIME *** AGENCY GRAND TOTAL: 164 ç{.J . . . , . · Thut~ 02-04-93 St. Joseph Police Department Time: 1 : 54 pm Citation Location Summary - Com Code/UOC Page: 1 Monthly Repot~t for January 1993 Com Code . All . Pt~ i n t ALL U 0 C codes Inclllding JI.IV. Water/Traffic Records Com Code U 0 C Total U 0 C Lit et~a 1 Tt~an slat ion ---- ----- -----.. -.-.------------------------------------------- 162 PARKING 9014 13 SPEEDING 9018 1 WRONG WAY 9020 1 FAILURE TO YIELD RIGHT OF WAY 9030 5 STOP SIGN 9050 1 REAR TAIL LIGHTS · 9079 1 EXPIRED REGISTRATION 9096 1 MUFFLERS 9200 1 NO INSURANCE 9222 7 ILLEGAL USE OF DRIVERS LICENSE 9274 2 MORE THAN ON ONE KEG \;¡ 9286 1 UNREASONABLE ACCELERATION OR BRAKING J3500 3 D. W. I. />'14104 9 UNDER AGE POSSESSION/CONSUMPTION N3030 1 DISORDERLY CONDUCT P3139 1 DAMAGE TO PROPERTY X3190 1 FALSELY REPORTING A CRIME Total 211 Citation: 48 ~RITTEN 1 t"ÃRKING' 1&2 . . . . at~nlng: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * · ** GRAND TOTAL . . . . 211 Citation: 48 Wat~ning : 1 PARIUNG _- 162 , . .. · . . .. · I -;7/1 I I " I I 77~- , I I , ,....-.. . . ---- . ..- . >.. .;.. .. .__.. ._.......... .' .._ ....... ~.~~..~_-'o._.............., l . . 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'lI",1ER' COLLEGE ~,,\Io It/{{ c." t: .¡.~ ,,'l' · ~ Iq~ (j DISTRICT 742 COMMUNITY District Administration Office SCHOOLS 628 Roosevelt Road, St. Cloud, Minnesota 56301 (612)253-9333 January 19, 1993 Police Chief Brad Lindgren St. Joseph Police Department 25 NW 1st Ave. St. Joseph, MN 56374 Dear Sir, · As Student Assistance Coordinator for St. Cloud Community Schools and recorder for our Community Task Force on Drug/Alcohol Issues, I would like to thank you and your Department for the police reports we receive from your office concerning teenage possession. The Chemical Health Educators in our District feel these reports are beneficial to their programs. It seems evident that cooperation between agencies has benefits. Thanks again for your efforts. ;:J7~ il~ Sincerely, . (.'.. - )~_.>- U~·Lt Steve DiBrito, District 742 Student Assistance Coordinator . District 742 Community Schools is an equal opportunity!affirmative action employer and is in compliance with Title IX of the Education Amendments of 1972. f ì' " . . ____·____0· .____.__.~_ _..__ ___ t .....~.. . - . .,/ ~,.1081 WOMEN .OF TODAY ) / /./ i. 0,. '.r P.O, BOX 433 1,. q¡,g'"" . 5T, JOSEPH, MN 56374 . / . 1'., ~ . ~94i/919 , ; ~ "'- '!~ , " '. " .,'~.' 4~$~ j~o ~ ,I .c.o. '. I/« ""i'('-"'':'''' '."" 'f·.J ,'. ~~_:.:. -: '/ ¡.~:,:\,.",,;; \.~;.~>~~-:'''c::~' ,r$"'~/_~ " ~, IRST.S..TATE, BA,N('·.....::J,' ,'--'.,).:.,~"~_,' . ..,\.J.,:, ~' ",:,:".~. ,: ."~' ,OF·S'f....JQS~PH ,..' '"', ,~--.,-..-....;' ;, ' . , ' ...... . ,'. ~....... " '. ",' ~ ~1' ,lOSE PH. MN~A 56374., ' , J' ,"'__ ~ . ,_ '. /' ....~ ~.... E~~TIO N~., C\;N1eR. . . O. F..C~TfI., . MINNESOTA,. .". ~ ''y.:;)J~ '. L ~.. . J;, . .'t.. .,,~ "-,,. . "{)¡ft. AI:: ..., ' , J' .~,.., J , '0::> , fur'" , ~I '.. .,' .Þ 1:).., ô~ ' " ":0 q l.~QO·C¡ [."& ~:·:IJ. ln ~;~ g"..: ~iJll-Q.EÏ-(J.OJ:l}'-'~~;f ..j ", <~i... ~_'~ . ~.."......,~ ," <,' . ~ '> . "P .' ....,.. w...-,,~~~,~ ,'. .... -, - _~"'~.::'''i::..-,-_.... ,.,. 0IiI'~"'..'a '&:...",L;;,~~~;t~'" -' ~~-=--'--~ _____00_ __..... . v .. . /' ~~~~,'" ß' POST~~ VOLUME 13 ISSUE 1 JANUARY 1993 A MESSAGE FROM THE EXECUTIVE DIRECTOR by William R. Carter, III Each day the POST Board staff receives numerous questions from law enforcement officers, managers, city officials and citizens. The scope of these questions runs the gamut of peace officer licensing, education and standards. However, one of the most frequently asked questions deal with the authority peace officers have. In view of the frequency this Issue comes up, I would like to take this opportunity to review with you the peace officer powers and duties law. The current law was passed in 1985 to help clear up many ambiguities relating to peace officer authority before that time. The POST Board together with professional law enforcement associations, sponsored legislation known as the "powers and duties law". With the increased mobility of today's officers during the course of their duties, it is important for every peace officer and part-time peace officer to know the elements of their powers and its limitations. Therefore, I encourage each officer to review this law, Minn. Stat §629.40. in light of its department's policies. The 1985 law clarified Jurisdictional authority in three main areas. 1. Inside officer's jurisdiction Within the jurisdiction of the peace officer's appointing authority, the officer has full arrest authority and peace officer powers whether on duty or off duty. A part-time has this authority only when on duty. 2. On dl"lty outside of jurisdiction When a peace officer or part-time peace officer is on duty but outside of their jurisdiction, the officer has full arrest authority when acting in the course and scope of employment. (The issue of what constitutes course and scope of employment becomes extremely important In these types of cases) There is a recent Supreme Court case State v. Tilleskior, 1992 WL 328945 (Minn.) which further defines ~d upholds this particular authori~. I suggest that officers and their legal council review this important supreme court decision, especially as it is related to authority on duty outside of jurisdiction. . 3. Off duty outside of iurisdiction When a peace officer is off duty and outside the officer's jurisdiction, the officer has the same arrest authority as a peace officer when, and only when, confronted with a situation that justifies the use of deadly force in the line of duty as under Minn. Stat. §S09.066. (such situations arise when deadly force is necessary to protect the life of the officer another person or to effect the arrest or prevent the escape of a dangerous felon. Otherwise the officers arrest authorities is limited to that of a private citizen. This means that peace officers are not on duty 24 hours a day 7 days a week anywhere within the state. Note: this section does not apply to part-time peace officers. (continued) ~ _.~ -,_:»~~.:.::. . , , - - .' . ClI-~9- 13 H__' " "._ - --- .. -- - ,- ,,-~ B~· -- !i erl'L- oJ'e.. 3 c;hF&...re/l+ opt; 0 n 5 fi;r c., f R C 0(...(/ .s e..S .. I-, '"'~ Ci../~() I¿:.f~ ~e...,hov./'s.- iT JÑ,o,v"ld -t-Cike.- -f.o Ù1ifI'Otlly,._u --- "----.,, Ce.ft,'Fy someol1e.. j ru:....e..rh'Fìc.o.....+ì~rt... WoC/lIc1 b~ $.btot+e/', ,o-mot.<¥'l+ m" o F,+-ìmi- ('e-~wre.d.. _ . _h._ _.. - ---.-.... --'--'-"'--....-..- GOIAf~(j..,A -¡;jje..+ A~dt~; /YlQ!ir. + ''^l fJ¡¿,.I'SOv)5 _h____ c.. u rr ì c:... 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S'¡'IA.~ +~ 0.. +''n.-, e- J ..S- d!'ffc,./'Ult.f(rne..s Ick..J...e.s. - Ioy ¡Y1. ys.e.1 E. .n -.--.. --- -.. -. --.----.---- ~---- ..~---._-- Please- Ie-+- m~ J<..now iF 1014- h(;A..\Jt:- o..V'lY <J. ~s f1'(;>~à, of' '..- ¡ Oe.e.d..G.f\ y FuJ' -theL'/^ r;¿r /Ylo..:flo/\. .x-lk\Yt I<. fh is ¡~ ,0.. reo.lly ,~.-- ,~ood I'de..c.-, Q.Y\d wo~/dbe... of j{'e.&;I.+ be.ne..Pì+ ,fo OlA..î.CcmtlJLøif}l_'~ ' . ~c.c~ i::.yoú. ) --- -U~ B~~h-. ," u_Oh_._..··__,_, . tt' =f; 1m . k' --. '-. .__.__..__._-----."~-- ¡ .... cPR ~ o~ª"ç<--,..s-hJ£ JI\'s Ih.C or ,. OS(\I,lf\. fiî ..st, <..-loµdHo>/ú fo.L "> '-'--~'¡:-.."$ -'~"-'-~:'" > ':~;"¿",-~-," i!-' ~ . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 56374 EOUCATIOHA.L CENTER OF CENTRAlW!NNESOTA (612) 363-8250 EMERGENCY 911 .O(¡TE :: t~./'-} /-'·;;)3 DEn¡:;: BUD$ PLEASE FIND ENCLOSED THE LETTER YOU REQUESTED I i;,1¡:<} '(1::: UP DUf:;J:·,·jEi DU¡::: j·jEE'!'r¡··.¡u (,¡BOUT i~;U'¡'TIHU J[¡::¡j'. UI'~ FULL 'fInE ¡::'(¡'!'i':;UL... I WANTED TO GET THIS LETTER TO YOU AS SOON AS POSSIBLE.. j. t·j I L. L. MOST LIKELY BE our SICK/(WENT TO DR. TiJ,OAY' ) (,.lED nHDfHU¡:;; (¡HI) WILL BE TAKING A HOLIDAY OFF ON FRI. YOU "iny C(ILL. l'iE AT HOI'IE 363,..·1l':...<:}(.j IF YOU WOULD L.IKE, OTH::~¡:;;l·J I ~::;E I WILL. TRY TO GET A HOLD OF YOU ON TUE OF NEXT WEEK. D(J YOU . 1/.1 (H'I T T U P I:;; I~~ ~3 EÎ\'( T H I ~3 T U ·r H E CO U H C I I... , OR SHOULD r PUT A COpy IN MY REPORTS FOR THEM TO READ?, PLEHSE nDVISE. TH(}HI<S ¡::ìcn I I'· SIHCEREL'Y ß Bi:;:(¡D. . ~ . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE . BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 EOUCATIONAl CENTER OF CENTRAL I,I!NNESOTA.. (612) 363-8250 EMERGENCY 911 DATE: FEB. 9, 1':393 TO: I"'IÇ}'¡'OR BUD REBEF~ FROI'1 : CHIEF LINDGFŒN SUBJECT: JEAN GUSTIN TO FULL-TIME PATROL DEAF< BUD, IN REFERENCE TO OUR CONVERSATION LAST WEEK, f~I"¡D YOLH-< CONVERSATION WITH THE POLICE DEPARTMENTS EMPLOYEES, I A 1"1 FOLLOWING UP WITH THE WRITTEN NEEDS AND JUSTIFICATION REQUEST RELATIVE TO PLACING OFFICER GUSTIN ON FULL-TIME PATROL STfHUS. AS YOU ARE AWARE, JEAN IS ALREADY WORKING NEARLY FULL- TIME HOURS BETWEEN TWO HALF TIME POSITIONS, AI-.JD SHE RECEIVES FULL BENEFITS FROM THE CITY EFFECTIVE 1/1/93. THEFŒ IS A WAGE DIFFERENCE FROM THE SECRETARY POSITION TO POLICE OFFICER . POSITION OF $2.20 PER HOUR, rl.73 I,.IS. $9. 93 PER HOlm. JEAI\I IS SCHEDULED AS HALF TIME SECRETARY AT 1040 HOURS PER YEAR, SO WE ARE TALKING ABOUT AN ADDED COST OF JUST UNDER $2,300 A YEAR TO ACCOMPLISH THIS CHANGE. THIS YEAR JEAN SHOULD DRAW JUST OVER $2,000.00 OUT OF THE DARE ACCOUNT IN SALARY. THE REASON FOR THIS REQUEST, AS WE DISCUSSED IN OUR MEETING ARE AS FOLLOWS. AS NOTED IN THE ANNUAL REPORT, TI-IE POLICE DEPARTMENT IS HANDLING MORE AND MORE CALLS EACH YEAR. LAST YEAR WAS A RECORD YEAR FOR TOTAL INCIDENTS, AND WE I~FŒ ALREADY MORE CALLS AHEAD THIS YEAR FOR THIS TIME LAST YEAR. BY ROTATING JEAN OUT OF THE OFFICE, AND ONTO FULL TIME PATI::':OL, WE ESSENTIALLY HAVE 24 HOUR COVERAGE WITH DOUBLE COVERAGE WHERE WE NEED IT. FDF~ EXAr-IPLE, FROt'1 3: 00P!' TO 5:00PM WHEN IT STARTS TO BECOME VERY BUSY FOR US. THE SCHOOLS AND COLLEGES ARE GETTING OUT, PEDESTRIAN AND VEHICLE TRAFFIC INCREASES, RUSH HOUR IS STARTING, PARENTS ARE COMING HOME FROM WORK TO DAY CARE, SHOPPING, AND OTHER BUSINESS. JlNENILE (HIGH SCHOOL KIDS) DRIVING COMPLAINTS START COMING Hl.s AND IN POOR WEATHER YOU CAN ALMOST ALWAYS COUNT ON AN ACCIDENT. ASIDE FORM THESE INCIDENTS, A WIDE VARIETY OF OTHER CALLS ORIGINATE DURING THIS TIME FRAME. r PEF~BOt,!ALL Y HAVE BEEN IN MY OFFICE TRYING TO TAKE A STATEMENT OR INTERVIEW A PARTY AND HAVE HAD BETWEEN 5 TO 10 PEOPLE WAITING TO SPEAK WITH AN OFFICER AT TIMES. WE WOULD ALSO HAVE DOUBLE COVERAGE BETWEEN 9:00PM AND 1:00AM. AGA I ¡..¡, ANOTHER BUSY TIME FOR THE DEPARTMENT. . t.JITH VACATIot-l, COMP T HIE, HOLIDAY TII'IE, AND SICK LEAVE USED BY ALL FIVE OFFICERS THROUGH OUT THE YEAR, THE TOTAL TIME EQUALS 39 WEEKS OF 40 HOUR SHIFTS, OR 1560 HOURS NEEDED iO BE COVERED. IN ADDITION AND IN RELATIONSHIP TO COVERAGE, ~ .. POLICE DEPARTMENT BRADLEY J. LINDGREN. CHIEF OF POLICE . BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 EDUCATIONAL CENTER OF CENTRAL MLNNESOTA (612) 363-8250 EMERGENCY 911 I BELIEVE WE WOULD BOTH AGREE THAT THE CITY NEEDS MORE COVERAGE BETWEEN SEPT. TO JUNE OF THE YEAR, AND LESS COVERAGE (NOT DOUBLE) IN THE SUMMER MONTHS. WITH THE NEW COVERAGE WE WOULD BE ABLE TO PROVIDE THE 24 HOUR COVERAGE AND DOUBLE COVERAGE DURING SCHOOL MONTHS. DURING THE SUMMER MONTHS WHEN THE OFFICERS USE THE MAJORITY OF THEIR TIME OFF, WE WOULD ADJUST THE SCHEDULE/CHANGE THE SHIFTS TO COVER 20 HOUR SHIFTS (AS WE ARE CURRENTLY DOING 7~00AM TO 3~00AM) I t,1 EFFECT, WE ARE ELIMINATING THAT OFFICERS SHIFT FOR THE TIME OFF, AND NOT PAYING OVERTIME TO COVER THE SHIFTS. I BEL I E\)E THAT THIS IS VERY COST EFFECTIVE, AND ADDRESSES THE CITY'S NEEDS RELATIVE TO POLICE PROTECTION. WITH THIS CHANGE, THE POLICE DEPARTMENT WILL ALSO HAVE BETTER COMMUNICATION BETWEEN OURSELVES, AND AT SHIFT CHANGE. CURRENTLY THERE IS ONLY ONE SHIFT CHANGE SAT. TO THURS. II'-! THE PN. FFU. IS THE ONLY DAY THERE IS A MORNING AI'-!D PM SHIFT CHANGE. WITH THE NEW COVERAGE THERE WOULD BE BOTH AN AM, (¡I'ID A PM SHIFT CHANGE INVOLVING THREE OFFICERS EACH DAY. THE RATES OF PAY AND BENEFITS ARE STARTING TO BECOME PROBLEMATIC BETWEEN JEAN AND HER TWO SEPARATE JOBS. f4L THOUGH IF WE ADDRESSED THESE PROBLEMS WE COULD SOLVE THEM, LET 1'1E . JUST OUTLINE A FEW. AS I'VE SAID EARLIER, JEnN rlAKES $7.73 FOR SECRETARY DUTIES AND $9.93 FOR POLICE DUTIES ( INCLUDHIG N:¡r';:E) . DARE IS A SEPARATE FUND, AND SALARY IS ONE OF THE ITEMS DRAWN OFF THIS ACCOUNT. JEANS TIME CARD IS DARE AT THE POLICE R¡::¡TE, THE POL I CE RfHE, AND SECRETARY RnTE. THEr';:E nfŒ MAI'-!Y TIMES WHEN JEAN IS IN THE OFFICE THAT SHE TAKES POLICE C(:¡LLS, EITHER I'M BACKED UP, (H COUfn, OF< AN EMEf<GEt·ICY r::¡F<I SES. JEAI'-! THEN KEEPS SEPARATE TRACT OF THIS TIME FROM HER SECRETARIAL TIMES TO BE PAID nT THE POLICE RATE. THEfŒ I~F<E ALSO SEVERAL TIMES WHEN I HAVE REQUESTED JEAN TO SIT II'-! DURING nN INTERVIEW WITH FENALE VICTIMS AND SUSPECTS ALIKE. I HAVE ADVISED HER TO LIST THESE AT THE POLICE RATE, HOVJEVEI:< , I SUPPOSE IT COULD BE ARGUED THAT THESE TIMES SHOULD BE PAID AT THE LOWER RATE. ANOTHER ITEM IS HOLIDAY PAY. l,JHEI-.J JEnl'l GETS A HOLIDAY OFF AT WHAT RATE OF PAY IS IT? vJHEN JE(H'f WORKS AT THE POLICE RATE AND EARNS A HOLIDAY AND THEN USES IT OFF A MONTH LATER, IT SOMETIMES BECOMES CONFUSING WITH RATES OF Pr~Y" EAF-:N H.JG, USING AND CALCULATING COMP TIME CAN BE EQUALLY CONFUSING. ADDITIONALLY, I AM STILL NOT SURE HOW TO FIGURE HER VACATION TIME PAY. IF JEAN IS ROTATED INTO FULL TIME PATROL IT WILL BE AT THE SAME RATE OF PAY, AND THE ()t·IL Y FIGURING TO DO WOULD BE DARE HOURS VS. REGULA¡:;: HOURS, BUT AT THE SAME RATE OF pny, AND THEREBY SIMPLIFYING MATTERS. AGI~IN, WE ARE TALKING ABOUT $2,000 TO ACCOMPLISH THIS TASK. ANOTHER FACTOR TO CONSIDER, AND IN THE AREA OF COST EFFECTIVENESS IS THE SECRETARIAL DUTIES AT THIS TIME. t.JI-IEN . JEnN STARTED THE SECRETARIAL DUTIES, WE WERE nLSO IN THE PROCESS COMPUTERIZING. THERE WAS A GREAT NEED TO DOWN LOAD OUR RECORDS INTO THE COMPUTER. LITERnLLY OVER 10,000 RECORDS t.JEI;:E ENTEI~:ED. JEAN SPENT MOST OF HER SECRETARIAL .. POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 EOUCA1l0NAL CENTfJI OF CENTRAL "'INNESOTA (612) 363-8250 EMERGENCY 911 TI\'1E, AND ALL OF HER SPARE TIME UPGRADING OUR COMPUTER FILES. ENTERING PAST RECORDS, AND UPGRADING OUR COMPUTER SYSTEM HAS JUST BEEN COMPLETED. SO, AT THIS POINT AND TIME (2/9/93), GIVEN OUR WORK LOAD, AND ALL OF OUR PROGRAMS AND SERVICES WE PFWl) I DE, I FEEL IT WOULD BE MORE PRODUCTIVE AND EFFICIENT FOR JEAN TO BE OUT OF THE OFFICE AND ON FULL TIME PATROL. I HI:.l')E TALKED TO JEAN ABOUT THIS, AND THERE IS ONE AREA I WOULD STILL NEED HELP WITH FROM TIME TO TIME. THIS IS TRANSCRIBING STATEMENTS AND MAJOR CASE FILES AS THE NEEDS AFnSE. SHE WOULD STILL DO THIS, DURING HER SHIFTS. FINALLY, AND ON MAYBE A MORE PERSONAL NOTE, JEA~4 HAS tm REAL SET SCHEDULE. SHE DOES FOR 4 HOURS A DAY SECRETARIAL DUTIES nI-ID DARE, HOWEVER THIS IS SUBJECT TO CHANGE WHEN ANOTHER OFFICER CALLS IN SICK, TAKES VACATION, COI<IP, em HOL I DAY T H'IE. WHEN THIS HAPPENS, JEANS FILLS THEIR SHIFT. WE TRY TO PLAN COMP, HOLIDAY AND VACATION TIME IN ADVANCE, BUT THERE ARE OFTEN TIMES WHEN JEAN HAS TO CHANGE PLANS TO FILL SHIFT NEEDS. CDWjEF~SEL Y, THERE ARE TIMES WHEN NO ONE USES ANY TIME OFF AND JEAN IS PLACED ON SECRETARIAL DUTIES OF 20 HOURS PER WEEK. ALL OF THIS MAKES PLANNING OF HER PERSONAL TIME HARD, AND HARDER YET WHEN HER PAY CHECKS VARY . (SOMETIMES WIDELY) CHECK TO CHECK. AS FOR MY PROFESSIONAL OPINION, JEAN IS AN EXCELLENT OFF I CEr~:. SHE DOES VERY WELL IN ALL OF HER FUNCTIONS WITH TH I S DEPARTi'1ENT. I WOULD FEEL VERY COMFORTABLE WITH HER BEING PLACED ON FULL TIME PATROL. TO SUI'1I"1f::¡=< I ZE, I AM RECOMMENDING THAT WE ROTATE JEAN OUT OF SECRETARIAL DUTIES TO FULL TIME PATROL/DARE. THERE !;JOULl> BE AN ADDITIONAL COST OF APPROXIMATELY $2,000 REPRESENTING THE DIFFERENCE OF THE TWO PAY STRUCTURES SHE CURRENTLY IS RECE I lj I I"G, AND SHE WILL DRAW NEARLY THIS AMOUNT OUT OF THE SEPARATE DARE ACCOUNT THIS YEAR. THE REASONS FOR THIS CHANGE WERE DISCUSSED AT OUR MEETING LAST WEEK, AND OUTLINED ABOVE AND ON THE PRECEDING PAGES. THANK YOU IN ADVANCE FOR YOUR TIME AND ATTENTION RELATIVE TO THIS MATTER. SINCEF<ELY, r~~- --.- :BF~I:'DLEY J. L It~ D Gr·Œ 1"-1 CHIEF OF POLICE . . FEBRUARY 1 1 1993 TO: CITY COUNCIL FROM: DICK TAUFEN FIRE CHIEF SUBJECT: CARBON MONOXIDE IN FIRE HALL MEMBERS: On February 3 we had a incident in the Fire Hall that I feel needs immediate attention. In the Fire and Rescue service we have weekly truck checks. This consists of running the trucks, checking lights, equipment, etc. On this date I feel that the two firefighters doing there check almost got asphyxiated. One of them went down and needed oxygen. Yes they had the large doors open a foot or so. No the fan was . not running. The fan is in the drying tower and its main use is for drying hoses. The two firefighters are Terry Loso and Mark Winter, Mark is the one that went down, both of them had headaches the rest of the night. I checked with both of them a few times during the following week and everything appears to be alright. After discussing this problem at our last meeting some of the personal stated that they have had headaches are our meetings. I discuss this with Dan Scherer, Dan works installing and repairing heating systems. He stated that the type of heaters (5 of them) are known to give off Carbon Monoxide due to installation. I would recommend wiring the fan to the light switches in the front so as soon as you turn on the lights the fan starts. Also a timer tied into this so it will shut off if the lights are left on for a long period of time.(during meetings drills etc) Fresh air intakes could be installed by each heater ( 5 of them) to make them burn more efficient. I discused the fan hook up with Terry Loso and his estimate for time and material, this would be for wiring the fan to the lights and a timer 150.00 to 200.00. I feel this problem needs to be resolved ASAP. What are your wishes on this ? PS We also have the same type of heaters in the iron removal. SINCERELY . Dftl7p3EF . < . ~ -.-. WaterPrc Suopiies Corporation . Cþ WaterPro 15801 'N 78th Street Eden Prairie. MN 55344- ~ 894 Telephone: 012-937-9666 vVATS: 800-752-3112 Fax: 612-937-8065 'RO ECT DATE . n._____·..._. . .._ ."_'..___n -, ' %: o/~. f'Øú:Û~ ~ .. ~: ~ &J~ ~¿;;:¿7'-/d ~A/,iÓ. ç~~:Q r?~ J¿r~, e- .¿,dJ.LA.J dv &j ~.MÞ ~ ~. &~~~ ~~~~æd.47ñ~~ ~r~~~'/J£~~~fl..-dw~ ~~~/7f?3,tP~~~~~~ ~~~~~~f /Æ;/dÞÞ~ ~,~~.~~Z7W ~~~~~ ~~~J~~/b~~~ ffi/I~~ ~~D~ .-_. -- , ' 0 Corporation WaterPro Supp !~S 0 . 1 £;801 W. 78th ::Jlrevl . 894 Iv N rr~44_1 . .,. Eden Prairie,. ~ ;9~O666 Tp!onhone: 6IL-9v{ v - .» Waterpro WÀTS: 800-752-8~12 Fax' 612-937-806;) . f.¡j~ . D~~ -60-/75 II. - . ¿; ~tÐ _DATE __no - .-- .--, ~ ,~ , .~ S: ~ <../ ~ ROJECT __ ~ &Ö-J ~ ~ N~~g , . .~ '(j) ~~'~I ~ .. ~ "~ D ~ \ \ c:: ..,.~ ,t) (1'\ ~I ~ .,,-i"- ~ ~ \.)-\ "1- ~I (I) : \::)b~o I ':::--\ () ~ i ~ (r. ~,- -. I I I I .::t:.. i>'r", I , - , Jflf:J'dal-~ (VI fJW 21 (j(Y) II 8 I < , STi/t 6i~ £A ~ T I I .. ~ ELm ì t ¡ i f <. fJ\ ...t:. ~~ t ~ -J - (/J ---. 00 g h"\ b l.A I , I C't-\ ~,'~"ö ' .. , :::t::.. )::: .. --- _u ~ ~.- '~~'l- ~ . ~ , WaterPro Supplies Corporation . .. WaterPro 15801 w. 78th Street Eden Prairie. MN 55344- Î 894 ie!ephone: 512-937-9666 .. ' iVATS: 800-752-8112 Fax: 612-937-8065 ROjECT DATE . ---.~, - - ".-- - -_. -.' -. - - - .-- ~-, - ..- ~'._. _______, _" ___.~_n _ -G& ~~ . --- .~-,- ~,f)d¥ xV ~~ 9~~ ~9- ~iJI;Jd¡¿ - --- --- _ ~,__ .'. _ _n ._~__ _u_·_ ~. ' -... - , õ CJ~ ~ 0} lli¡ ~ IML .~ ;ad ~~.fùr~ ~~~;:::;z.~~~= /fl/.#.$b~~. Á~~r~· /}¿d ~ ~/~ð~ -- --.. -" -. ---~- i~~ Did; -'- - - - .. --- q '. .f' . ., '" . C» WaterPro 'NaterPro Suppiies Corporation ¡ 5801 W. 78th Street :cen Prairie. MN 55344- Î 894 Te¡eohone: 612-937-9666 'NAïS: 800-752-8112 ~ax: 612-937-8065 OECT ,-- ,--'--.---.-.-.- g~ ~ ..::... ' ___,_ _u..H U) '=.~ :4 0' 00, -.,----.. ---"- .sAN. .5 £W 6 R \ I @~ CÑ~ . ()J - ~ --É- ~ ~\~ ~:ïO J ~O ALJ....EY (r. rt v - 'ù ..... ~\ Ci)i; ~ -~-, ...--..-- ~ ~~ E 0 - '2Aj ~ c:::;, ", ~, IT¡ '::0 ~~ ~ ü ~ Ú) (A I (¡.. ::t:: J::: <:~ (¡ 'ì IJJ 0") . 'Ä) ::i Ùì ..... 0 Ã- c\-, :-I 1:) OJ (r\:p ~ ~ c:. h)~' C"ì' / / / ...---.--.----..- .- -, -. .-->-~ /' /. ..-- - / ::pre: b ...v I ~ Þ r ~ - / ~r~ / c:::r.' .:$ , A) f.ht0 r" - ~ V¡ f. a / z CA1. ", .1/, "- C 'J .-.. ~ <: 't r: ''t ' '-"'., J \- -- - (.(: =... ..~/_ ,\) I ~t'tt~ ?1l. -. "--' - -.::-1 ....( V \.'0 ~ ~ ~ ~ ~ " () :s ^- I :-t:> ::D <-N :D c:, 1 (f) tf'\ \: ::r:: ~ d :r: (1'\-::) a , . .." ., .::t) (J to - ~ (;¡ Ã ~I (,¡y"-{ ~ .:t:... , ,-- '. ~ . '< -~ Ù1 ?n ~ I ~ ~+? en - ,. - ~'. - --*-~ -- - ----. ..-. ---_. - -- ---. Mayor Donald "Bud" Reber Councilors Ken Hiemenz 1 First A venue NW Ross Rieke .<'.0. Box 668 Bob Loso St, Joseph, Minnesota 56374 Stephanie Hazen (612) 363-7201 City Clerk/Adm FAX #363-0342 CITY OF ST. JOSEPH Rachel Stapleton FEBRUARY 15,1993 TO: WATER WELL COMPANIES FROM: CITY OF ST. JOSEPH SUBJECT: CLEANING WELLS GENTLEMEN: The City of St. Joseph is taking estimates on the cleaning of two wells, number one and two. The cleaning method is acid 4IÞ and air. Inspection of the pump and parts should also be done. Number one well is located at 23 - 1st Ave N.W. Number two well is located at 24 - 3rd Ave N.W. The work may start when the weather warms up, doesn't freeze at night, and should be completed by May 1, 1993. The City Council will review the estimates at the March 18, 1993 Council meeting. If you have any questions on this contact Dick Taufen at 363-7201 Ext 13. rd.7. c2 - 'Iu¿ µý~ DICK TAU FEN SUP OF PUBLIC WORKS . .' ... - Administrators please note: This information was not mailed directly . to councilmembers, please distribut. 3490 Lexington Avenue North it to your council. Thank you. St. Paul, MN 55126 League of Minnesota Cities (612) 490-5600 You're Invited! LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 1993 SAFETY AND LOSS CONTROL WORKSHOPS AND SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS LMCIT member cities are invited to attend a one-day workshop on safety and loss prevention issues which focus on practical steps cities can take to avoid losses and minimize the cost of losses that do occur. A copy of the program and the dates and locations for the workshops are enclosed. The Loss Control Workshops run from 8:30 am to 3:30 pm and include tracks for administration, public works, police, and parks and recreation. Participants should feel free to . move between tracks to hear presentations on the topics which interest them. Please pass this invitation along to employees in your city's parks and recreation, maintenance, public works, and police departments. Registration is only $15 which includes a workshop notebook and lunch. To register, just complete the blue registration form included with this mailing. For further information, contact either Lynda Woulfe, LMCIT, (612) 490~5600 or Vivian Hart, Government Training Service, at (612) 222-7409. LMCIT has applied for POST credits and Commerce Department continuing education credits for insurance agents. SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS This year, LMCIT will also hold a special teleconference targeted at elected officials. The teleconference will be held on Thursday, May 13 and will be broadcast at the Anoka, Hutchinson, Pine City, St. Cloud, and Wadena Technical Colleges. Topics are targeted specifically for elected officials and include: "Sexual harassment -- policies and training"; "Employment Issues"; "Are you A W AIR"; "Can we close this meeting?"; and "Pay me know or pay me later". For a complete description of the issues covered, please refer to the enclosed program description. The teleconference will begin at 6:00 pm and adjourn by 9:00 pm. Registration is $10 per . person and space is limited. Registrations will be taken on a first-come, first-served basis, so register early. To register, please complete the green registration form enclosed with this mailing. Please note, if demand exceeds availability, LMCIT may schedule another session. ..' . LMCIT'S 1993 LOSS CONTROL WORKSHOP SCHEDULE Date City Location April 8 St. Paul Earle Brown Center U of M St. Paul Campus 1890 Buford Avenue April 13 Alexandria Rß(Jissoll A rrowwood 2100 Arrowwood Lanc April 14 Crookston Northlalld 11111 Highway 2 and 75 North April 27 St. Cloud St. Cloud Conveniion Center lOS, Fourth A venLe April 28 Duluth Duluth Entertainment and Convention Center (DECC) . 350 Harbor Drive May 5 St. Louis Park Sheraton Park Place 5555 Wayzata Boulevard May 19 New Vim Holiday IlIn 2101 South Broadway May 20 Rochester Mayo Civic Centel' 30 Second Avenue SE . . ~'" · SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS ONL Y ON THURSDAY, MAY 13 - 6:00 - 8:45 PM BROADCAST ON INTERACTIVE TV From the Anoka. Hutchinson. Pine City. St. Cloud and Wadena Technical Colleges 6:00 - 6:05 pm Introductions - Sig Stene, Mayor of Lindstrom and Chairman, LMCIT Board of Trustees 6:05 - 6:30 pm "Sexual hal'assment - 1J0licies and trainine are imlJOI'Ümt" (Presenter: I,MCIT Staff Attorney) There have been many cases and complaints against Minnesota cities for sexual harassment. We will discuss legal issue and definitions of sexual harassment and how cities can reduce the risk of such claims by establishing policies and training for their employees. 6:30 - 7:00 pm "EmDloyment issues" (Presenter: Mary Rice, Attorney at Law, Jardine, Logan, and O'Brien) Employment in Minnesota cities is an area of an increasing number of lawsuits and claims. What laws apply to cities and what do city officials need to know before they make any employment decisions? · 7:00 - 7:15 pm BREAK 7:15 - 7:45 pm "AI'e YOU AWAIR?" (Presenter: Dave Strock, Senior /'oss Control Representative, Berkley Administrator.\) Compliance with this new law rcquires cities to havc a comprehcnsive safety program, which can also save your city big money. After listening to this summary of the law, you will be aware of A W AIR. 7:45 - 8:15 pm "Can we close this meetine and if so. what can we discuss?" (Presenter: Thomas Grundhoefer, Senior Staff Counsel, LMCIT) This session will focus on the relationship of the Minnesota Open Meeting Law and the Minnesota Data Privacy ACt with a particular emphasis on personnel issues. 8:15 - 8:45 pm "Pay me now or Day me later" (Presenter: Ed Lucz, Loss Control Consultant, Berkley Risk Services) Shrinking revenues ... budget concerns ... doing more with less, These are issues facing elected city officials today, and for the foreseeable future. So why should electcd city officials bc concerned with proactive loss control') This presentation will discuss thc liability claims costs to · cities in a couple of claim active areas: sidewalk slip and falls and parks and recreation, The presentation wi!! also discuss the things YOll as an elected official can do to support proactive loss control efforts anù how it can save you money in the long term, . ~~ ~ . Registration Form Elected Officials Teleconference Thursday, May 13, 1993 6:00 - 8:45 pm Sign me up! I wish to attend the teleconference at the following location: Anoka Technical College, 1355 West Highway 10, Anoka Hutchinson Technical College, 2 Century A venue, Hutchinson --~---_.-._--- ---- -------- ,-, ----------. Pine City Technical College, 1100 Fourth Street, Pine City St. Cloud Technicà1 College, 1540 Northway Drive, St. Cloud Wadena Technical College, 405 Colfax Avenue SW, Wadena Registration fee is $10 per person . Name: Title/City: Address: Phone Number ( ) - Check Number Mail registration form along with payment to: Government Training Service 480 Cedar St., Suite 401 St. Paul, MN 55101 Checks should be made payable to Government Training Service and mailed no later than one week before workshop date. If ¡MCIT is unable to accommodate my registration, I would be interested in I,MCIT scheduling another session: ( ) Yes ( ) No . . ST. JOSEPH RECREA TIONAL ASSOCIA TION, INC. . P.O. BOX 601 ST. JOSEPH, MINNESOTA 56374 February 8. 1993 Honorable Bud Reber; Mayor. City of St. Joseph Box 101 St. Joseph. Minnesota 56374 Dear Bud. In accordance with our; softball park lease agreement. enclosed is the corporate annual financial statement for calendar year 1992. Also enclosed is a comparative analysis of our operation covering the past seventeen years. Please share these reports with the Council and interested administrators. 1992 was another good year with 53 men/so women/s and . co-rec teams in our regular weekly league and weekend tournaments. Our plan is to continue to serve the people of St. Joseph. Your continued support and cooperation is greatly appreciated. Our plans for 1993 are incomplete and will not be final un t i I after our annual election and general membership meeting scheduled for February 22. We hope to have another good year! Thank you. the Council. your administrators and the people of St. Joseph for your help in making our recreation programs possible. Sincerely, CYJ~ Pat Gangl Director/Secretary . . ST. JOSEPH RECREA T/ONAL ASSOCIA TION, INC. . P.O. BOX 601 ST. JOSEPH, MINNESOTA 56374 FINANCIAL STATEMENT 10/1/91 - 12/31/92 BANK BALl<l'¡CE /0/1 {q ( Checking $ 1,060.55 Savings -"_ª-,-UL 3 ° TOTAL $ 9,197.85 £!HEREJLQðME_EROM: Association shares & interest $ 819.28 Sign sales & renewal 1,401.25 League softball & ASA fees 10,640,00 Concession theft restitution and refund $ 237.65 Rec. Center Donation Refund $ 13,073.00 Softball tournament __-2.50.:-QQ ~ 2h42L18 . TOTAL ;L35.....Q19~;l WHERE- I T _WENT...;. Admin. , postage, computer $ 2,334.43 Softball field improvements Donated to St. Joseph $ 177.00 Sign painting and supplies $ 407.92 League Softball & ASA Expenses $ 6,973.65 Concession stand operation ;L~..J2 7 e.....12- TOTAL $ 12,963.42 BANK BALfu~CE 12/31/92 Checking $ 1,815.98 Savings _20~39.:-2.Q. ~-2.h65h61 TOTAL ;L35.....Q19.....Q;l i Brummer, Treasurer (19-¡~-'1'l3) J nuary 9, 1993 ~ ST. JOSEPH RECREA TIONAL ASSOCIA TION, INC. P.O. BOX 601 . ST. JOSEPH, MINNESOTA 56374 OPERATIONS STATEMENT 10/1/91 - 12/31/92 REElPTS EXf~~ PROEJ.T Assoc. Shares & Interest $ 879.28 Admin. , Postage, computer $ 2,334.43 Loss ($1,515.15) Softball field improvements donated to the people of St. Joseph, Millstream Park culvert installation, (Total '90 & '92 - $ 6,324.35) $ 177.00 ($ 177.00) Donation Refund, Recreation Center Fund $ 13,073.00 $13,073.00 Sign Sales & renewals $ 1,401. 25 Sign Painting & Supplies $ 407.92 Net $ 993.33 tIÞ League fees $6,625.00; Player Fees $3,765.00; ASA & District Fees $ 1,410.00. $ 11,800.00 Expenses: Umpires-$ 4,796.00; ASA, & District fees $ 1,410.00; In & Outfield Care $ 2,116.01; Field Lights & Sprinklers $ 1,197.45; Telephone $ 309.32; League Trophies $ 555.00; Misc. $ 45.87. $ 10,429.65 Net $ 1,370.35 Softball tournament fees $ 250.00 Expenses: MSF Fee $ 40.00 Net $ 210.00 Concession Stand (see page 3) $ 18,079.32 $ 17,116.16 $ 963.16 ~ t¡ 7'-- ""3) c . ST. JOSEPH RECREA TIONAL ASSOCIA TION, INC. P.O. BOX 601 ST. JOSEPH, MINNESOTA 56374 RECEIPTS & EXPENDITURES FROM CONCESSION ACCOUNT ONLY 10/1/91 - 12/31/92 WHERE IT-ºAME_rnOM~ Bank Bal ance, Adjusted $7.09 + $15.06 (void check) ,øhjC:rJ $ 22.15 Total sales & receipts $ 17, 841. 67 Umpire advance payment 1i!_2.....50~00 1i!-Z~ 36;L.ª-2. ---- WHERE.... I T _WENT..;.. Merchandise purchased for sale $ 11,214.41 Minnesota sales tax $ 806.28 Salaries (Manager) $ 2,413.40 Misc. repairs & maintenance $ 701. 71 Umpires (League) $ 4,796.00 Other operations, admin, & Tourney $ 126.63 Check Printing .$--~~ Total Expenses Paid $ 20,085.35 Bank Balance (12/31/92) __2.18.47 ~20......Q.63~ . * CONSOLIDATED RECEIPTS & EXPENDITURES - PROFIT STATEMENT 10/1/91 - 12/31/92 WHERE....IT-º~FRQM~ Total sales $ 17,841. 67 Theft Restitution $221.50, Refund $16.15 .$__23L.65 $ 18,079.32 WHERE....ll_WENL,. Merchandise ($11,214.41 + 42.69) $ 11,257.10 Minnesota state sales tax $ 806.28 Salaries: Mgr. $2,413.40 + $ 379.04 X 60% = $1,675.46; volunteer party $ 1,187.94 $ 2,863.40 NSP Concession & security Power $ 554.97 Misc. repairs & maintenance ($ 701.71 + $ 241.28) $ 942.99 Check Printing $ 26.92 Licenses $ 89.50 Insurance (Dram shop - $ 500.00; fire & EC - $ 75.00) ~~~Q Total Expenses ~17....116Jº- Net Profit . * This portion of the profit statement excl~~ p are charged to other operations (I.E. umpire softball) . It does include added income or he general fund checking account (page 1). Respectfully Submitted: J Brummer, reasurer ~ anuary 4, 1993 ( ICf1r.-t:¡t¡3 0 .. r ST. JOSEPH RECREA TIONAL ASSOCIA TION, INC. . P.O. BOX 601 ST. JOSEPH, MINNESOTA 56374 ~g~-BR8!!Yf_ª!e!5M-É~I§ QEsBBnº~ '76 - ''12 17 YEAR AVERAGE 1991 1992 $ 2,957.89 $ 174.00 Shares sales ~ interest eBQE!! $ 472.65 ($ 1,515.15) $126,846.13 $ 7,461.54 Softball field ilprovelents ºQHe!Sº $ 12,562.00 $ 177.00 $ 6,570.47 ----------- Alerican Legion loan ee!tlE~!§ ----------- ---------- $ 20,922.66 $ 1,224.86 Advertiselent signs eEgflI $ 1,365.00 $ 993.33 $ 7,466.25 $ 439.19 Donations/Grants eEg~EEºª $ 757.00 ---------- $ 7,884.35 f 463.78 Softball league operation t.RQEl! f 1,517.78 $ 1,370.35 $ 16,423.59 . f 1,173.11 Softball tournalent eBgE!! $ 750.00 $ 210.00 $ 13,026.15 ----------- Springfling ~ October fest eBgçEEºª ---------- ---------- $ 67,943.48 $ 3,996.68 Concession stand eBQEI!ª f 1,746.34 $ 963.16 $ 116.75 ----------- Tennis tournalent eRQç;Éºª ---------- ---------- $ 13,8ó3.88 n$ 1 ,732.99 Fund raiser eEgE!!ª ---------- ---------- $ 5,300.86 ----------- 1990 Centennial eBQEII§ ---------- ---------- ~~ SEVÉNTEEN YEAR AVERAGES EXCEPT: . ONLY 14 YEARS If ONLY 8 YEARS ------------------------------------------------------------------------------------------------------------------------------ U~~~Çlflb '76 - '92 17 Year Aver age 1991 1992 ----------- ----------- Bank Balance 10/1/91 $ 14,810.63 f 9,197.85 $:291,625.57 $ 17,213.27 Receipts $ 17,868. 9b $ 2b,421.18 $269,977 .15 $ 15,881.00 E>:penditures $ 23,481. 74 $ 12,963.42 ----------- ----------- Bank Balance 12/31/92 $ 9,197.85 $ 22,655.61 ------------------------------------------------------------------------------------------------------------------------------ . . , . February 1 , 1993 . . Pursuant to due call and notice thereof, the Planning commission for the City of St. Joseph met in regular session on Monday, February 1 , 1993 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Members of the Commission Sr. Kathleen Kalinowski, Linda Sniezek, Dan Nierengarten. Secretary of the Board Judy Weyrens. Cöuncil Liaison Ken Hiemenz. Others Present: Mayor Donald "Bud" Reber, Chuck Scherer, Mike Deutz, Art Reber, Marie Reber, Rosie Reber, Bob Loso, Ken Twit, Terry Schmid. Building Addition .::. Chuck Scherer: Chuck Scherer appeared before the Planning Commission for an extension of the current special use permi t . Mr. Scherer explained to the Council that he needs to expand his warehouse facilities and build a maintenance building. Tentative plans include the construction of a drive thru maintenance bay approx. 100 x 80. Chair Klein explained that before a building permi t could be issued, the property must be in compliance. In 1987 a building permit was issued to Mike Scherer for the construction of a garage. When the building permi t was issued in 1987, the property was zoned R-1. The . maximum allowable square footage for a garage/accessory building in an R-1 zone is 800 square feet. The construction of the garage would exceed the maximum square footage. Therefore, the building permi t was issued with the understanding that the existing garage (Quonset) be removed. Chair Klein clarified that until this matter can be resolved a building permi t cannot be issued. Chuck Scherer stated that the building in question, Quonset, belongs personally to Mike Scherer, and he cannot speak on his behalf. He did however, question why the building must be torn down. I f the building were in need of repair he could understand tearing it down, but he feels that the building is aestheticaly pleasing. He also stated that he will continue coming to meetings until the matter is resolved. The Planning Commission assured Mr. Scherer that they understood his situation and would try and resolve the situation. Mayor Reber stated that he would contact the City Attorney for a legal opinion. Any correspondence will be forwarded to Mr. Scherer and the matter will be placed on the March Planning Commission agenda. The Planning Commission requested the Secretary of the Board mai 1 to Mr. Scherer a copy of the past minutes as they relate to his property, and a copy of the resolution rezoning his property from R - 1 , Single Family to Industrial. . Special Use Permit .::. Mike Deutz: Chair Klein called the hearing to order at 7:30 p.m. The purpose of the hearing is to consider a request for a special use permi t. This permit would allow the property located at 111 College Avenue North, to function as a mulitfamily dwelling. Page 1 . . February 1 , 1993 . . Zoning Ordinance No. 52.20 subd l¡.(d) allows for property in a general business zone to be used for mulitfamily dwelling only with a special use permi t . The property is legally described as Lot 10, Block 12 ; Townsite of St. Joseph. Mr. Deutz at this time withdrew his application for a special use permi t. He stated that some things have happened over the past few days, and he would no longer be purchasing the property. Mr. Deutz apologized to the Commission for any inconvenience he may have caused and thanked them for their understanding. Chair Klein closed the hearing at 7:40 p.m. Final Plat Approval .::. Northland Phase ~ Mr Schmid appeared before the Planning Commission requesting final plat approval for Northland Addition, Phase I I . The second phase will consist of 32 lots for single family homes with mixed financing, FHMA and conventional. The protective covenants will be identical to those of Phase I , and he is asking that three of the homes have square footage of less then 1,000 square feet. This same stipulation was included in phase I . However, no house has yet been built smaller than 1,000 square feet. Chair Klein discussed with the Council his conversation with the City Attorney, in which he stated that the property should be re-zoned to R- l. The property currently does not have a zone classification. PURD is not a zone classification, but a development type. Northland will . still be developed as a PURD, but will have the zoning characteristics of R-1, single family. Mr. Schmid discussed with the Council that he will be contributing cash in lieu of parkland, as previously agreed to. The Planning Commission stated they would prefer to have parkland. Sr. Kathleen stated the importance of providing parkland for that development. Wi th the potential number of children living in that area, it would be extremely hazardous to make children cross a four ( l¡. ) lane highway to use a Ci ty park. Commissioner Sniezek concurred. The Park Board has met with Peter Rothfork and he has agreed to donate land for park. The lots to be donated would be in the next phase of development. Planning Commissioners reminded Mr. Schmid that this donation does not relieve him of his requirement for parkland and is a separate issue. It was the general concensus of the Planning Commission to see if the land known as Indian Hill is available for parkland, as this would be more desirable than four lots in the third phase of development. Council Liaison Hiemenz requested that both the City Attorney and City Engineer review the easements to make sure they were adequate in footage and located properly. After a lengthy discussion, Sniezek made a motion to recommend Council . approval of the Final Plat for Northland Phase I I with the following contingencies: Page 2 . . February 1 , 1993 . 1 . An assurance in writing, that Indian Hill would be available for the City to purchase for parkland. The Corrunission would then recorrunend the City to accept cash in lieu of Parkland. However, if it is not possible or feasible for the City to purchase Indian Hill, the Corrunission is recorrunending the City accept land in lieu of cash. 2. Final approval of the City Engineer. 3. Negotiation and execution of a Subdivision agreement 4. . Execution and filing of protective covenants. 5. A title opinion verifying title to the property. 6 . Inclusion of any easements deemed necessary by the City Engineer, including any easements for utility and/or drainage. 7. The plat will include language of public dedication similar to the following: "Have caused the same to be surveyed and platted as Northland and do hereby donate and dedicate to the public for public use forever the thoroughfares and also dedicating the easements as shown on this plat for drainage and utility n . purposes. 8 . The plat wi 11 include language of easement dedication s imi lar to the following: "To assure public use of the drainage and utility easements, this dedication specifically restricts the property owner from constructing any structure or fence, planting trees or shrubs, or storing personal property within the area of the easement which could delay, restrict or impede access through the easement by vehicle. n area a person or a 9. Final approval of the City Attorney. The motion was seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz. Nayes: None. Motion Carried 5: 0: 0 Garage Size: The Corrunission reviewed the revised garage size amendment as prepared by the City Attorney, see attached. After discussion, Kalinowski made a motion to recorrunend City Council approval of amendment as written. The motion was seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz. Nayes: None. Motion Carried 5:0:0 Approval QÍ Minutes: Kalinowski made a motion to approve the minutes with the following correction: . page 2 : second sentence should read: Sr. Kathleen questioned the status of the adoption of an official transportation map, and what the . . . . Page 3 . . . . February 1 , 1993 . the motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz. Nayes: None. Motion Carried 5:0:0 Ken Twit ~ Variance Request: Chair Klein called the hearing to order at 9:00 p.m. The purpose of the hearing is to consider a request for a one hundred sixty four foot variance on the size of an accessory building in an R-1, single family zone. Zoning Ordinance No. 52.16 subd 4(e) allows a maximum area of 800 square feet for a garage/accessory building. The property is located at 213 East Able Street and is legally described as lot 12 , block 2. E 20' of Lot 12, W30' of S65' of Lot 12 & W40' of Lot 13, Block 2. Mr. Twit stated that in July of 1992, the City Council and Planning Commission allowed him to move his existing garage to construct a new garage, knowing that he was exceeding the 800 square feet. He was told that the Planning Commission is in the process of reviewing the Ordinance regulating garage size. Therefore, he was allowed to store the garage on a cement slab in his backyard un t il the Commission had reviewed the Ordinance. I f after the Ordinance was reviewed and he was out of compliance, he would then make application for a variance. Since the Ordinance review was completed and the maximum area was not increased, he is in need of a one hundred sixty four foot variance. Mr. Twit stated that his lot is approx. 14,000 square feet 4IÞ The Planning Commission discussed the request and felt that Mr. Twit's property was large enough to accommodate a larger garage. After lengthy discussion, Kalinowski made a motion to recommend Council approval of the one hundred sixty four foot variance request of Ken Twit based on the following findings: St. Joseph Code of Ordinances 52.17 subd 2(a) - There are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. Exception being - large lot - subd 2(d) - The proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of St. Joseph. The motion was seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz. Nayes: None. Motion Carried 5:0:0 Mr. Twit discussed with the Planning Commission the need to increase ~ the maximum allowable square footage. Most families today are two - income families requiring them to own at least two cars. In addition to the cars, they need room to store the bicycles, lawn equipment, and any recreational vehicles. The majority of new homes today come Page 4 J . . . February 1 , 1993 4IÞ standard with a three car garage. I f the garage size is not increased in St. Joseph, the variance requests wi 11 become the norm, not the Ordinance. He encourage them to review the Ordinance again and increase the square footage of a garage/accessory building. Chair Klein closed the hearing at 9: 15 p.m. NEW BUSINESS Minnesota Street Complaint: The Commission received a complaint from a resident concerning the general appearance of a building located on Minnesota Street. It was the general understanding of the Commission that they could not regulate when/if a building needs to be painted unless it becomes a safety hazard. Industrial Park: The Commission needs to begin talking about the type of development that should be pursued for the Industrial Park. The Ci ty has chose to reverse their decision of November in which they became a member of the St. Cloud Economic Development Partnership. Before the Industrial park can be promoted and sold to Industries, it is important for the City to have a plan. This issue will be discussed at greater length with Fred Sandal of the St. Cloud Area Planning Organization. 4IÞ The meeting was adjourned at 9:30 p.m. Respectfully submitted, ~~ Judy Weyrens, Secretary of the Board - - ~~5 o· . . oR . ~ ~ . 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 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. 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 J J . 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 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. 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: \city\stjoe\af12292.251 . .