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Home My WebLink About1993 [04] Apr 01 {Book 03} ~I Mayor Donald "Bud" Reber Councilors Ken Hiemenz 21 First Avenue NW Ross Rieke P.O. 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 City Council Meeting April 1 , 1993 7:00 p.m. AGENDA 1. Ca 11 to Order 2. 7:00 p.m. Elmer Rakotz - Service Award 3. Approve Agenda 4. Bills Payable 5. Approve MinUtes - March 16 and March 18, 1993 6. Mayor Reports . 7 . Counc i 1 Reports 8. OLD BUSINESS a) Personnel Policy Manual b) Ordinance Amendment - Garage/Accessory Buildings c) Star City Program d) Snow Removal - Business District e) City Council Minutes f) Truck purchase g) 9 . 7:30 p. m. - City Engineer Reports a) Application for payment b) Water Control Panel 10. 8:00 p.m. Open to the Public 11. 8:15 p.m. Recess 12. 8:30 p.m. - City Attorney Reports a) Liquor Ordinance - Special Events License b) Roadway Easement 13. Clerk/Administrator Reports a) May Bowle Liquor License . b) Compost Area c) Easement Request - Ross Rieke d) Street Lighting - Pond View Ridge & Cloverdale 5th e) Amendment for Annexation - correction f) Pay Period Change 14. Adjourn . - . March 16, 1993 ~(r . Pursuant to due ca 11 and notice thereof, the City Council for the City of st. Joseph met in special session on Tuesday, March 16, 1993 at 7:00 p.m. in the st. Joseph City Hall. Members Present: Mayor Donald "Bud" Reber. Members of the Council Ross Rieke/ Stephanie Hazen, Bob Loso, Ken Hiemenz. Deputy Clerk Judy Weyrens. Others Present: Police Chief Brad Lindgren, Mary Generous, Jean Gustin, steve Erickson, Jeff Young. The purpose of the Special meeting was to discuss the 1993 wage and benefit increase for the employees, and to discuss personnel issues as they relate to this. Mayor Reber called the meeting to order at 7:00 p.m. Approval of Agenda: Hazen made a motion to approve the agenda as posted; seconded by Rieke. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 Secretary Position: Mayor Reber discussed the need for the Clerk's Office to staff three full time employees. Until August, 1992, the 4IÞ Clerk's Office has been functioning with two full time and one part time staff. However, the part time staff has been working an average of 72.00 hours. The work load in the Clerk's Office definitely warrants the staffing of three full time employees. Rieke made a motion to offer Mary Generous a full time position as Secretary. The motion was seconded by Hazen. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 Councilor Loso questioned whether or not the City would have to advertise and open the position to any interested person. Discussion followed that indicated that since the City is not creating a new position, but promoting an individual for the same position, changing the classification from part time to full time, it might not be necessary. When asked about the wage and benefits for the fu 11 time position, Mayor Reber stated that the individual would have to contact her supervisor, who would in turn make a recommendation to the Council. Patrol Officer Fu 11 Time: Chief Lindgren had presented the Council with a recommendation to promote Officer Jean Gustin to full time patro 1. Chief Lindgren's proposal stated that the department could better use the time of Gustin on the streets patrolling, rather than in the office as a secretary. Councilor Loso again questioned whether or not the City would need to advertise the position and take applications. Hiemenz made a motion to offer Officer Gustin a fu 11 time position as patrol officer, as recommended by Chief Lindgren. The motion was 4IÞ seconded by Rieke. Rieke, Hazen, Hiemenz. Ayes: Reber/ Nayes: Loso. Motion Carried 4:1 Page 2091 , ~ March 16, 1993 " . Deputy Clerk, Judy Weyrens, questioned the procedure the part time employees would go through to discuss the specifics of their employment and compensation. Mayor Reber stated that procedure would be for the employee to discuss the matter with their supervisor, and the supervisor would then make a recommendation for Council consideration. At 7: 15 p.m. Mayor Reber closed the meeting to discuss personnel evaluations and personnel matters. Mayor Reber re-opened the meeting at 7:40 p.m. Councilor Hiemenz made the following motion: The City of st. Joseph wi 11 adopt the new "1992 Wage Schedule as revised", which 1 i sts city positions by Class I through XI/ Step 1 through step 7 , and apply the 2% pay increase granted on January 21 , 1993 to this schedule and: 1 . A 11 employees not already placed or paid according to the 1992 wage schedule be placed in the step most closely representing their present hourly pay rate so long as the new step rate is greater than the pay rate of the old step, and 2 . those employees whose hourly rate presently exceeds the new chart, as adjusted with the 2% pay increase, will have the . 2% increase applied to their present hourly rate and will have this rate saved unt i 1 the wage step exceeds their saved hourly rate, at which time they shall be eligible for promotion to the pay grade of their respective step if the employee is recommended for promotion and approved by the City Council. The motion died for a lack of a second. The Council discussed the step system currently being used and the revised step system that was prepared for compliance to pay equity. The Counci 1 in 1992 agreed to implement the revised system in 1993, and at that time they did adopt the system. Any new employee that started was placed on the revised schedule. Loso made a motion reaffirming the January 21, 1992 decision, increasing the wages of 1992 by 296. Also, each employee el igib1e for a step sha 11 each receive such, based on the recommendations of the department heads. The motion was seconded by Hazen. DISCUSSION The Council discussed the two different pay scales being used, and agreed that all the employees should be moved into the revised step system. 4IÞ Hazen made a motion to amend the motion on the floor with the following: All employees that are currently on the old step s y stem w ill be moved to the new step system as designed for pay equity. Each emp 10ye wi 11 Page 2092 " .,. March 16, 1993 " .. ~ ._~ ~ . be moved into the step nearest their current salary. (Using the 1992 wages) . After being placed in the step system, each employee shall receive a 2% increase in wages, with the 2% being added to each individual step. The motion was seconded by Rieke. DISCUSSION Counc i 1 members questioned how the employees would receive their step. It was clarified that the step would be applied after being placed on the revised step system. Hiemenz made a motion to amend the amendment to include that only those employees that were recommended for a step increase by their department head would receive a step increase. The motion died for a lack of a second Vote call on amendment to the motion. Ayes: Reber, Rieke, Hazen, Loso. Nayes: Hiemenz. Motion Carried 4:1 Vote ca 11 on motion. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. . Nayes: None. Motion Carried 5:0 Loso made a motion to advance Police Chief Brad Lindgren one step; seconded by Hiemenz. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 Hiemenz made a motion making the effective date of the pay increase to January 1 , 1993, and authorizing retroactive pay. The motion was seconded by Loso. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 Roske Ri~ht of Way Issue: Loso made a motion authorizing the City Attorney, John Scherer, to respond to attorney James Degiovanni, representing Gerald Roske, with regards to the right-of-way and the sewer line location. The motion was seconded by Rieke. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 Hazen made a motion to adjourn at 8:25 p.m; seconded by Loso. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0 . 9::cIy µ/JP..-ø' udy Weyrens Deputy'Clerk Page 2093 . ., March 18, 1993 ~ . , . to due ca 11 and notice thereof, the City Council for the City Pursuant of st. Joseph met in regular session on Thursday, March 18, 1993 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Donald "Bud" Reber. Members of the Council Ross Rieke, Stephanie Hazen, Bob Loso, Ken Hiemenz. Deputy Clerk Judy Weyrens. Others Present: City Engineer Joe Bettendorf, Police Chief Brad Lindgren, Public Works Director Dick Taufen, Stuart Goldschen, Dan Nierengarten, Mark Sakry, Geri Herges, Lance Wassink. Approve A~enda: Hazen made a motion to approve the agenda as amended; seconded by Loso. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0. Bills Payable: Hazen made a motion to approve the bills payable as presented; seconded by Hiemenz. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5 : 0 . Treasurer's Report: Deputy Clerk Judy Weyrens explained that the auditors are scheduled to begin the Audit process on April 5, 1993. At 4IÞthis point the year end is not closed out, therefore, the January & February Treasurer's report is not yet complete. Once the audit is complete the Council will receive the treasurer's report. Loso made a motion to accept the Treasurer's report; seconded by Hazen. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5 : 0 . Approve Minutes March ~ 1993: Loso made a motion to approve the minutes of the March 4, 1993 City Council meeting with the following corrections. Page 2181 : Mayor Reports 2) . . . Mayor Reber has received TWO quotes. . . Page 2181 : Mayor Reports 2) . . One quote was from..., the other quote was from st. Augusta Wood Shop for approx. $1600 Page 2182: Ordinance Amendment .. .Accessory buildings can v.. . Page 2184: 5th paragraph - John Scherer spoke on behalf of Police Chief Lindgren. Page 2185: 5th paragraph - . . . the potential... is too great. Page 2186: 6th paragraph - Hazen made . . . . establishment, as updated and revised by the city Attorney. Page 2186: FmHA Designation: Received a report on FmHA housing. Page 2188: Proposed Salvage Yard - . . Mayor Reber, not Dehler. Page 2188: Joint Meeting - The Chair of the Planning Commission will also be invited to attend. Page 2189: Engineer reports - . . Joe has outlined two alter... . Page 2189: Engineer reports - . . If WE serve . . The motion was seconded by Hiemenz. Page 2194 . March 18, 1993 . . Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0. Mayor Reports: 1) Mayor Reber has received the following bids for a new garage door and opener for the annex garage used by the Pol ice Department: 1. Overhead Door of st. Cloud $ 676.00 2. Door Service of st. Cloud $ 663.00 3. Automatic Garage Door Company $ 694.00 The quotes include installation and one (1) automatic opener. After talking to Chief Lindgren, Mayor Reber would recommend the City purchase two openers, with the second opener at a cost of $20.00 Loso made a motion to authorize the purchase of the following at a cost of $ 696.00: 1 - 16' x 7 1/2' C6EST Ideal Door, Ribbed Stee 1 , Non insulated 1 - Liftmaster Model 1255 Operator 1 - Radio Transmitter 1 - Keyless Entry System 1 additional automatic control The motion was seconded by Hazen. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0. 2) Mayor Reber felt it is important for the Council to continue to discuss snow removal in the business district. This issue should be 4IÞPlaced on future agendas under old business unti 1 the matter is resolved. 3) Public Works Director Dick Taufen approached Mayor Reber and discussed the possibility of purchasing another truck. During 1992, the Council had approved Dick to look for another truck, giving him a budget of $20,000. Boyer Ford did not receive the state contract this year, however, they have some used airport trucks with low mi leage. The trucks are a 1985 model and have less than 50,000 miles. Mayor Reber questioned the need for another truck. Because of the cost of the vehicles, Reber felt that the City should run the vehicles unti 1 they are no longer functioning. Ken Hiemenz stated that before equipment is purchased, a needs analysis should be performed for Counc i 1 review. The Council also discussed contacting the auto dealership that did receive the state contract, and see what they would have available. Rieke made a motion directing Dick Taufen to complete a needs analysis for purchasing a new truck, and to check with Lakevile Motor, State contract recipient, to see if they would have a truck to meet the City , s needs. After this is completed, Dick should present his findings to the Council for their consideration. The motion was seconded by Loso. Ayes: Rieke, Hazen, Loso, Hiemenz. Nayes: Reber. Motion Carried 4:1. 4) Radio Frequency: Mayor Reber questioned Councilor Rieke as to the status. Councilor Rieke stated that he did speak with Chief Lindgren, and sharing the radio frequency with Waite Park has benefits to the Police Department. Chief Lindgren has spoken with Chief 4IÞDickenson of Waite Park and the matter has been resolved with Waite Park continuing on the frequency. 5) Confined Space Training has been completed on March 17, 1993. Page 2195 March 18, 1993 . .6) Reber stated that he would like to have a sign made labeling the City Offices, to aid residents in locating the building. Chief Lindgren interjected that he would 1 i ke to see a sign placed on the C it y Ha 11 door, as people walk into the Police Department looking for the City Offices. COUNCIL REPORTS Rieke: 1) After the meeting on March 16, 1993, Rieke has checked with Granite City storage to discuss personnel record storage. Rieke also felt that the City could inquire at the 1st state Bank of st. Joseph to see if they would have a safety deposit box large enough to hold the folders. Mayor Reber stated that he would be meeting with City Attorney John Scherer to discuss his recommendations. The Council also discussed purchasing a sma 1 1 safe for record retention, or the possibility of storing f i 1 es at the City Attorney . s Office. 2) Rieke has checked with Manpower Services on the matter of hiring someone as an independent staff of the City to take the minutes of all City meetings. Rieke briefly discussed the process and cost involved. Hazen didn't feel that it was appropriate to hire someone else to take minutes when the City Offices staff three full time positions. Hiemenz stated that if an outside agent were hired, the job descriptions would have to be reviewed and re-written. Mayor Reber read an excerpt from the League Handbook in which it states that the City Clerk is 4IÞresponsible for minute taking. Loso expressed concerns with the Council spending valuable time correcting the minutes. A lengthy discussion followed. This matter will be placed under old business on the City Council agenda. 3) The CORE Forum was held on March 11, 1993 at Mary Commons. The turn out was rather sma 1 1 , but we 11 planned. Hazen: No Report. Loso: Loso discussed the past snow removal policies in which the business owners would participate in the cost. Rieke questioned whether the City could impose a snow removal surcharge. Mayor Reber stated that after a snow fall, all maintenance department personnel are busy with snow removal for at least three (3) days. At some future date a meeting should be scheduled to meet with all the business owners and City Council to further discuss this matter. Hiemenz: Attended a Human Rights Commission meeting at which the main topic was combating bigotry and racism in Minnesota and the work force. Police Chief Reports: Chief Lindgren presented the monthly po 1 ice report. The background check on the share holders of Bip, Inc. has been completed, and there is nothing to prevent the transfer of the license from Sa 1 . s Bar to Bip Inc. Councilor Rieke requested Chief Lindgren to submit a letter to the Council with his recommendation. 4IÞHazen questioned Chief Lindgren if he has received any feedback from the bar owners. He stated no. Members of the Council discussed recent observations of people running Page 2196 " March 18, 1993 4IÞthe stop signs, especially the four way stop on College Ave and Minnesota street. Chief Lindgren stated that he will try and spend time patrolling that area in the morning when the problem appears to be the greatest. Hiemenz questioned the distance vehicles must park from uncontrolled and controlled intersections. Chief Lindgren stated the distance was 20' and the department has been ticketing cars in violation. Loso made a motion to send Officer steve Erickson to Fire Arms training as requested by Chief Lindgren. The motion was seconded by Hazen. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0. Chief Lindgren stated that Officer Erickson would be training the rest of the department after he is certified. OLD BUSINESS Personnel Policy: Councilors Hazen and Hiemenz have not been able to work on the policy the past two weeks, but hope to have the first draft for Counci 1 review on Apri 1 1, 1993. star Citv Proqram: The City Offices have received the names of the .folloWing people interested in serving on the Commission: Greg Reinhart, Duane Sorenson, Bob Krebsbach and Mike Hazen. Ordinance Amendment ~ Garage: This matter is in the hands of the City Attorney who is in the process of drafting an Ordinance for Council review. Sal's Liquor License - with the background check complete, the license can be processed through Liquor Control. CITY ENGINEER REPORTS Application for Payment: City Engineer, Joe Bettendorf, presented an application for payment for CBI Na-Con, Inc. for the amount of $ 37,738.75. The payment is for the water storage facility. Council Members Rieke and Loso questioned Mr. Bettendorf if he felt everything was in order. Upon Bettendorf's recommendation, Loso made a motion to approve Application for payment No.3, payable to CBI Na-Con, Inc. in the amount of $37,738.75. The motion was seconded by Rieke. Ayes: Reber, Rieke, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 5:0. Mr. Bettendorf updated the Council on the progress of the tower and stated that the erection of the tower is scheduled to be complete on May 1, 1993. . West Minnesota Street: Mr. Bettendorf presented the Council with plans for the improvement of Minnesota Street. The plans will be forwarded to County Engineer Douglas Wieszharr, who will then submit them to State Aid for approval. The City should receive correspondence from Page 2197 . March 18, 1993 . . . state Aid in approximately one week. The project is broke down as follows: Phase One: Fourth Avenue NW to First Avenue NW 3-4 weeks Remove existing pavement, curbing and walk. Construct watermain and storm sewer. Replace existing water services. Complete grading, ready for Class 5 base. Phase I I : First Avenue NW to First Avenue NE 1 - 2 weeks Place Class 5 base on Phase One area Remove existing pavement, curbing, and walk Construct storm sewer Phase I I I : Entire Project 2 - 3 weeks Place Class 5 base on Phase I I area. Construct curbing and walk Place bituminous surfacing Complete sodding and clean up. The project has been designed to be completed one week before labor day. Hopefully the project wi 11 be bid at the end of April. Mr. Bettendorf stated that there is a City cost of $250,000. The City needs to discuss if any of the City cost will be assessed and how the 4IÞ project will be financed. Hiemenz made a motion to recess for 10 minutes; seconded by Loso. Ayes: Reber, Rieke, Hazen, Hiemenz. Nayes: Loso. Motion Carried 4:1. Mayor Reber reconvened the meeting at 8:35 p.m. Boys ~ Girls Club: Mark Sakry introduced himself and his staff that would be working with the st. Joseph recreation program. The program has changed slightly this year with additional swimming time and a vo 11 eyba 11 program for the older children. The program this year has been shortened to 7 weeks, because of the low turn out during the week of the 4th of July. The program dates will be June 21, 1993 to July 2 , 1993 and July 1 2 , 1993 to August 13, 1993. Councilor Rieke left at 8:40 p.m. Mr. Sakry also presented a financial report showing the st. Joseph program running in the red. The Boys and Girls Club is requesting the City to donate $5,800. Councilor Loso stated that the City has not budgeted $5,800 for summer recreation, and questioned whether or not the T-shirts were necessary. After a lengthy discussion, the Council requested the City Offices to send letters to the charitable organizations requesting funds to subsidize the T-shirts for summer recreation. Loso made a motion authorizing the expenditure of $4,400 4IÞ payable to the st. Cloud Boys & Girls Club for Summer Recreation. The motion was seconded by Hazen. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Page 2198 March 18, 1993 . . . CLERK/ADMINISTRATOR REPORTS Roske Ri~ht of Way Issue: Action taken on March 1 6 , 1993 Truck Inspection: Public Works Director Dick Taufen presented the Counc i 1 with information on Truck Inspection. Federal Law states that any truck that exceeds 26,000 lbs GVW must be inspected yearly by a certified inspector. st. Cloud AVTI is offering a course that would certify an individual to inspect vehicles. After discussion, the Counc i 1 felt that the City would be better served '&: a independent 1 I inspector were hired. Hiemenz made a motion to hire a private vendor to perform any truck inspections needed by the City, pending the City Attorneys review. The motion was seconded by Loso. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Board of Review: The City Council will met as the Board of Review on April 14, 1993 at the st. Joseph City Hall. City Office Improvement: The City Clerk's Office is in the process of remodeling the front the office. The project should be complete the week of March 30, 1993. 4IÞsprin~ Clean ~ ~ Week: The Park Board will be establishing a date for Spring Clean up. City and Township Meetin~: The City of st. Joseph and Township of St. Joseph wi 11 be meeting on March 30, 1993 at 8:00 p.m. in the Township Ha 11 . Janitorial Increase: Lorraine Evens, Janitorial Services for both the City Hall and City Clerk's Office is requesting an increase of .25 per hour. Lorraine has been with the City for two years and is currently making 4.25 per hour. Loso made a motion to approve the .25 pay increase of Lorraine Evens as requested; seconded by Hazen. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Well Cleanin~: We 11 s Number One and Number Two are in need of cleaning. The City has received the following bids for that service: Donabauer Well $1/565 per we 11 Tota 1 - $ 3, 130 Traut Well $1/450 - We 11 1 ; $1,600 - We 11 2 Total - $ 3,050 After discussion, Loso made a motion authorizing the expenditure of $3,050 to clean Wells Number 1 & 2. The motion was seconded by Hazen. 4IÞ Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Millstream Park Well: Dick Taufen briefly discussed the well located at Page 2199 . , . March 18, 1993 ... . , tIÞ Millstream Park. According to the Health Department, the City can continue to use the existing well at Millstream Park. The Recreation Association would like to have a well at Millstream that would pump 100 gallons per minute. No action taken. Employee Benefits: Loso discussed the rising cost of health insurance, and the need for the City to require the employees to participate at a greater 1 eve 1 . After discussion, Loso made a motion to cap the insurance benefits at the current do 1 1 ar . The employees shall be responsible for paying the additional premium when the rates are adjusted in July, 1993. Additionally, the Council wi 1 1 review the cap in 1994. The motion was seconded by Hazen. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Discussion followed on the Police Federation and their contract. The Federation will be asked to participate with the adjusted insurance cap. City Attorny to review this matter and advise. Minutes: In an effort to save valuable time at Council Meetings, Hazen made a motion requiring minutes of all City Council meetings to be mailed to Council Members no later than four business days after the Counc i 1 meeting, (the Wednesday following the meeting). Any Council Member who wishes to correct the minutes, must have their copy returned 4IÞ to the City Office no later than two days after receiving the minutes. The minutes will then be revised and resubmitted to the Council for approva 1 . The motion was seconded by Loso. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. Police Hours: Loso discussed with the Council his concerns on the Police Department working 10 hour days. Since the department has five full time officers, he feels the schedule could be better served i f they returned to eight hour sh ifts. Loso stated that he has also received complaints from residents that the Police Chief only works four days a week. The Council was in general agreement. Loso made a motion requiring the Police Department to change all shifts to eight hours, effective April 4, 1993. The motion was seconded by Hazen. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. The Federation will be sent a memo with regards to these changes and legal opinion wi 11 be sought from the City Attorney. Loso made a motion to adjourn at 9: 15 p.m. j seconded by Hazen. Ayes: Reber, Hazen, Loso, Hiemenz. Nayes: None. Motion Carried 4:0. . CJút/y ~ prOW Judy Weyrens Deputy Clerk Page 2200 . .. . W DONOHUE RAJKOWSKI L T D. Attorneys at Law Reply to: St. Cloud March 23r 1993 ST. CLOUD 11 Seventh Avenue North P,O. Box 1433 Ms. Rachel Stapleton St. Cloud, MN 56302-1433 St. Joseph City Clerk Administrator 612'251'1055 City Hall 800'445'9617 P.O. Box 668 FAX 612'251'5896 St. Joseph, :MN 56374 MINNEAPOLIS The Honorable Bud Reber 2904 Plaza VII P.O. Box 313 St. Joseph, :MN 56374 45 South Seventh Street Minneapolis, MN 55402-1620 Re: Police Federation Contract 612'339'9206 Our File No. 15,692 800'445'9617 FAX 612'339'4775 Dear Bud and Rachel: . It is my understanding that some questions came up last FRANK J. RA/KOIVSKI week regarding the status of the contract with the GORDON H, HANSMEIER Police Federation and the ability of the Council to FREDERICK L. GRUNKE make changes to that contract relating to the length of THOMAS G, JOVANOVICH the work day and payment of insurance premiums. JOHN H, SCHERER PAUL A, RAIKOIVSKI I have had an opportunity to look at the 1992 and 1993 Federation contracts. I have also reviewed Minutes KEVIN F. GRAY from the special meeting of March 16, 1993, as well as the regular City Council meeting of March 18, 1993. WILLIAM J. CASHMAN DAVID T. SHAY It is my understanding that the 1992 Federation CAROL A. STARK contract expired on December 31, 1992. At the special RICHARD w. SOBALVARRO meeting of March 16, 1993, the Council met to discuss MICHAEL c. RA/KOWSKI wage and benefit increases as well as other related personnel issues. A portion of that meeting was closed A. CHAD McKENNEY to the public for the purpose of discussing individual MOLLY J. WINGATE employee evaluations. When the meeting was reopened, a resolution was passed adopting a revised step system MICHAEL H, DONOHUE and providing for its application to employees. The OF COU:-';SEL minutes do not reflect any specific discussion of the Police Federation contract. JAMES H, KELLY, M.D., F.A.C.P. }.'ÍEDlCAL CO~Sl.:LTA:-';T It is my understanding that on or about March 17, 1993, t''' H, HA"S"E'ER IS AD'"TIED TO PRACTICE a letter was sent to the Police Federation regarding IN NORTH DAKOTA Al\:D WISCO:-':SIX, the step system change/ as well as some notes regarding PAUL A. RAJKOWSKI IX WISCO:-','SI1'<, AROL A. STARK I:-J }LUXOIS A:-:D MISSOL1U sick leave and vacation. These changes were AND WILLIAM J. CA5H~1AN IN SOUTH DAKOTA. incorporated into the 1993 Federation contract and a - ~ . Ms. Rachel Stapleton The Honorable Bud Reber March 23, 1993 Page -2- new agreement was sent to the Federation for consideration. It is my understanding that the Federation accepted the proposal and returned signed copies to the City Clerk's office. The Mayor then signed the contracts on behalf of the City. On March 18, 1993, two motions were presented dealing with issues covered in the Police Federation contract. First, a motion was made to cap insurance benefits by providing that employees shall be responsible for paying any additional premiums incurred with rate increases put into effect in July of 1993. A second motion reduced the work day for a police officer from ten hours to eight hours. As of March 17, 1993, a contract existed between the City and the Police Federation. The question becomes whether or not that contract was valid or whether or not the contract could be amended if valid to comply with the two resolutions passed at the March 18th meeting. I have been advised by the City Clerk's office that in the past . the City Council has generally not passed a specific resolution authorizing the Mayor and Clerk to execute the Federation contract. When there has been an apparent agreement between the parties of the terms of the contract, the contract was signed by the Mayor. In this particular case, the contract was signed under circumstances consistent with past practice. Although there may be some question as to whether or not the Council formally authorized this execution, there appears to have been implicit authorization by the approval of the other employment issues discussed at the meeting of March 16, 1993, and direction to the Clerk's office to advise employees of the Council's decisions. Apparently, no other real issues regarding the Police Federation contract had arisen at that time. It would also appear as though the Police Federation had the right to rely upon the apparent authority of the Mayor to sign the contract. Therefore, I do not believe that the City could successfully rescind the agreement. Even if the City could rescind the agreement at this timet that action may be of little or no benefit. The two issues addressed in the resolutions of March 18, 1993, are matters which are subject to collective bargaining. I do not believe that the City . Council would have the authority to unilaterally change these contract terms. Any change would have to be with the agreement of the Police Federation. W . .. . Ms. Rachel Stapleton The Honorable Bud Reber March 23, 1993 Page -3- Certainly, the City could still approach the Federation and ask to negotiate an amendment to the contract regarding these issues. In factI as the contract now reads, it appears as though the employees would be responsible for any rate increase for insurance premiums. In this regard, I call your attention to paragraph 12.1 found on page 11 of the Agreement. Although the City and the employees may have shared these rate increases in the past, it appears as though under the contract, the City is not required to do so. In conclusion, I would be of the opinion that the City Council could not unilaterally change terms contained in the Police Federation contract signed on or about March 17, 1993. With the agreement of the Federation, terms can be renegotiated. With regard to the resolution regarding payment of increases in insurance premiums, I believe that the current contract is consistent with the resolution passed by the City Council on March 18, 1993. If you or any council members have any other questions, please . let me know. Very truly yours, JHS/baz L: \gen \ 15692\af032393. 011 . 'V ~ w' · W DONOHUE RAJKOWSKI LTD. Attorneys at Law Reply to: St. Cloud March 23, 1993 ST. CLOUD I 11 Seventh Avenue North ! P.O, Box 1433 I St. Cloud,MN56302-1433 Ms. Rachel s~apleton ., i St. Joseph Clty Clerk Admlnlstrator 612025101055 I Ci ty Hall 800'445·9617 I P . 0 . Box 668 FAX 6120251'5896 St. Joseph, MN 56374 MINNEAPOLIS I Re: Sal' s Bar Application 2904 Plaza VII i Truck Inspection I Security File 45 South Seventh Street , State Pay Freeze Minneapolis,MN55402-1620 Our File No. 15,692 612'339'9206 800,445'9617 Dear Rachel: FAX 612'339'4775 . The Mayor recently contacted me seeking input regarding F [R several issues recently before the City Council. I ~~K. Mw~n would like to take this opportunity to briefly address GoRDoNH,HANSMEIER each issue. FREDERICK L. GRUNKE THoMASG.JoVANoVICH I The Mayor asked me if I saw any problem with the I . , JoHNH, SCHERER : proposed transfer of the Sal' s Bar llquor llcense. I PAULA.RA/KoWSKI have discussed this matter with the police chief. He K F.G found nothing obJ'ectionable in his background check. EVIN. RAY . Therefore, I would recommend that the Clty approve the transfer of the license if this has not already been WILLIAM J, CASHMAN done. DAVID T, SHAY CAROL A. STARK I The Mayor also asked me for my opinion regarding a RICHARDW. SoBALVARRo I truck inspection proposal set forth in a March 9, 1993, MICHAELC.RA/KoWSKI ,letter from Dick Taufen. The City Council had some C K concern that an in-house inspection by Mr. Taufen's A. HADMc ENNEY department may expose the City to liability in the MmaTM~ME event of a defective vehicle. I don't think that this is necessarily the case. First of all, inspection will MICHAELH.DoNoHUE not necessarily affect liability in the event of an OF COUNSEL accident caused by an alleged defect in the truck. First of all, although a defect may not have shown up JAMESH, KELLY,M,D.,F.A,C.P. on inspection/ the defect may have appeared after ~!EDICALCONSULTANT inspection and before the accident. The City is GORDO;.;H, HA.'<S"EIER IS AD'UTrED TO PRACTICE ul timately responsible for the condition of the trucks. . INNORTHDAKOTAANDWISCO;';SI;';, I 'd d· 'II 1, h h PAULA,RAJKOWSKIINWISCO;';SI:<, assume any In epen ent lnspector Wl calm t at t e AROLA, STARK I:< ILU;';OIS AND MISSOURI defect arose after their inspection. They will also AND WILLIA!'.f J. CASHMAN IN SOUTH DAKOTA.. . . clalm that they are not llable to another for thelr . ; . Ms. Rachel Stapleton March 23, 1993 Page -2- inspection. Therefore, I do not see where the City would necessarily have recourse against an inspector in the event of an accident caused by a defect in the truck. Additionally, the City does have insurance and is protected by the liability limits set by Minnesota statute. Finally, an inspection by an employee who will be driving the truck on a regular basis will probably be better than that done by a non-employee on a once a year basis. In summary, I would recommend that the City choose an inspection system which will provide competent inspection at the most economical basis over the long term. If this involves the training of one of our employees to perform those inspections on an annual basis, then there is certainly nothing wrong with that choice. A question also came up as to the retention of confidential records by the City. I would recommend that the City acquire a locked file cabinet and maintain those records within the City offices. I would recommend that the key to that file be held by one individual, such as the Mayor. Our office would be happy to maintain a "backup" key. I would also suggest that the Mayor log on a sheet maintained in the file cabinet every time the cabinet . is opened for any reason, showing the date on which the file cabinet was opened and the reason for inspection. If this system becomes a problem due to the fact that the Clerk has to have regular access to the files for the purpose of placing items in personnel files, then I would suggest that the Clerk be allowed to maintain a separate locked filed cabinet for personnel files (other than her own) with any other confidential files in a separate locked cabinet for the Mayor. Finally, the Mayor presented a question as to the position of the City in the event the State of Minnesota passes a wage freeze. The City has authorized an increase in the salaries and wages of the City's employees. I would recommend that the City allow the increase to stand and proceed as if there will not be a wage freeze. If the employees are entitled to an increase, then the City should go forward with the increase. If the Legislature does pass an act implementing a wage freeze, I would suggest that we wait to see the language of the law before taking any contrary action. The law may not be retroactive to wage increases authorized before its enactment. The law may contain language dealing with wage increases which have occurred within the past several months. If the law does not directly address prior wage increases, then I would think that they would be allowed to stand. If the law does prohibit the prior wage increase, then I assume that the wage increase would be invalidated and wages rolled back to their pre-increase level. For now, I suggest that . W .. ~. . Ms. Rachel Stapleton March 23, 1993 Page -3- the Council continue to act in a manner prudent and proper under the circumstances and not be concerned with what the State Legislature may do on this area. Very truly yours, DONOHUE I LTD. H. Scherer JHS/baz L: \gen \ 15692\af1J32393. 012 . . V , ' ~ · V DONOHUE RAJKOWSKI LTD. Attorneus at Law - Reply to: St. Cloud ST. CLOUD March 26, 1993 11 Seventh Avenue ).;orth P.O, Box 1433 Ms. Rachel Stapleton 51. Cloud, MN 36302-1433 .. . St. Joseph Clty Clerk Admlnlstrator 6120251'1055 Ci ty Hall 800'445'9617 P . 0 . Box 668 FAX 6120251'5896 St. Joseph, MN 56374 MINNEAPOLIS Re: Amendments to Ordinance 71 and 72 290HlazaVII Our File No. 15,692 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 612'339·9206 Enclosed please find proposed amendments to the liquor 800'445'9617 ordinances specifically providing for the special event FAX 612'33904775 license and setting forth the procedure for application .' as well as license fee. Because this question has started to arise on a more regular basis, I thought it FRANK/. RA1KOWSKI was appropriate that the ordinances be amended to GORDONH,HA:-ISMElER address this issue. I spoke with the mayor and he FREDERICKL GRWiKE authorized me to prepare draft ordinance amendments to THOMASG.J0V.4:-.l0VICH present to the City Council. JOHN H, SCHERER P.4UL.4.,R.41KOWSKI Therefore, I would suggest that these amendments be ~, . included in the Council packets with a copy of this KdI:-;F.GRAY letter and if time allows, the Council be given an opportunity to question me and discuss these proposals WILLlAMJ, CASHMAN at the next meeting. Thank you. DAVID T. SHAY C.4ROLA. STARK Very truly yours, RICH.{RD Iv. SOBALVARRO DONOHUE RAJKOWSKI LTD. MICHAEL c. RA{KOIVSKI .4., CHAD McKE:-.lNEY '~L L", . ¡.-..." ì' \ MOLLY J. WI:-.lCATE' '~_,~ (. r"\¡Yì I!, . ,do. , "--'~ ,-_, By 'oj MICH.4ELH, DONOHUE John H. Scherer OF COU:--:5EL --------- JHS~, JAMES H. KELU: M,D.. F.A.c.p ~EDICALCO"SULTA"T Enclosure .0:-: H. H;";\S:\fEIER IS AD~llTTED TO PRACTICE I" NORTH DAKOTA A"D WISCO"SI", L:\gen\15692\af032693 ,011 PAUL A. RAJKOWSKI IX WISCO:-":SI:-i, 'I CAROL A. STARK N IUJXOIS AND MISSOURI A:-:D WILLlA:\f]. CA5H~fA~ 1:-.' SOUTH DAKOTA.. f i I I i , .' 4IÞ Amendment of Ordinance 71 of the st. Joseph Code of Ordinances. 1992 Edition Licensinq and Requ1ating the Consumption of Intoxicating Liquor Ordinance 71 of the st. Joseph Code of Ordinances is amended as follows: 1. Section 71.1 Subd. 1 is rescinded and the following enacted in its place: Subd. 1: General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor without a license. to do so.as provided in this ordinance. Liquor licenses shall be of four kinds: "on-sale", "off-sale", "club" and "special event" licenses. 2. The fOllowing Section 71.2 Subd. 5 is enacted: Subd. 5: Special Event Licenses. "Special Event" licenses shall be issued to a qualified applicant for a specified continual twenty-four hour period expiring at 1:00 a.m. The . "special event" license shall be subject to the general terms and conditions of this or ordinance, unless clearly inapplicable, with the following additions and/or changes: a. Application for the "special event" license shall be submitted at least 30 days prior to the date of applicability. b. The license fee shall be paid at the time of application, subject to refund if the license is denied. c. Proof of liability insurance in accordance with section 71.3 Subd. 3 shall be delivered to the city Clerk prior to issuance of the license. d. The City Council may waive the investigation fee required by section 71.5 Subd. 1 for applicants which are organizations or entities existing primarily for educational, religious, civic, charitable or community service purposes, if the organization or entity has been engaged in its primary activity in the City of st. Joseph for the five years preceding the application. . e. The "special event" license is non-transferrable. J . . f. The maximum number of "special event" licenses which may be issued to an entity or organization in a single calendar year is . 3. That the existing section 71.4 Subd. 2 is rescinded and the following enacted in its place: Subd. 2: Fees. The annual fee for a liquor license shall be for an "on-sale" liquor license, for an "off-sale" license, and the maximum amount allowed by law for a special club license. The fee for a special event license shall be per twenty-four hour license period. 4. That the following section 71.4 Subd. 3 is rescinded and the following enacted in its place: Subd. 3: Term: Pro Rata Fee. Other than the "special event" license, each license shall be issued for a period of one year except that if the application is made during the license year, the license may be issued for the remainder of the year for a pro rata fee; with any unexpired fraction of a month being counted as one month. Every license shall expire on June 30. . The above ordinance amendments shall be effective upon publication. These ordinance amendments were enacted by the city of st. Joseph this ___ day of , 1993. Mayor of the City of st. Joseph Clerk of the city of st. Joseph N: \citylstjœ\af032693 .251 . . . Amendment of Ordinance 72 of the st. Joseph Code of Ordinances. 1992 Edition Ordinance 72 of the st. Joseph Code of Ordinances is amended as follows: 1. Section 72.2 Subd. 1 is amended by the rescission of said subd. 1 and the enactment of the following in its place: Subd. 1: No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a ¡icense as hereinafter provided. Licenses shall be of three kinds: (1) Retail "on-sale"; (2) Retail "off-sale"; (3) "Special Event". 2. section 72.2 is hereby amended by the enactment of the following as Subd. 4: Subd. 4: "Special Event" licenses shall permit the on-sale sale of non-intoxicating liquor for consumption on the premises only, for a specified continual twenty-four hour period expiring at 1:00 a.m. The "special event" license . shall be subject to the general terms and conditions of this ordinance, unless clearly inapplicable, with the following additions and/or changes: a. Application for the "special event" license shall be submitted at least thirty days prior to the date of applicability. b. Proof of liability insurance as required by this ordinance shall be delivered to the City Clerk prior to issuance of the license. c. The maximum number of "special event" licenses which may be issued to an entity or organization in a single calendar year is . 3. section 72.3 is hereby amended by the rescission of the existing 72.3 and the enactment of the following in its place: APPLICATIONS FOR LICENSE Subd. 1: Every application for a license to sell beer shall be made on a form supplied by the City and shall state the name of the applicant, his age, representations as to his character with such references as may be required, his . citizenship, whether the application is for "on-sale", "off- sale", or "special event", the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how , , . " . long he has been in that business at that place, and such other information as the Council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk. Subd. 2: On an initial application for "non-intoxicating liquor" license and on application for transfer of an existing "non-intoxicating liquor" license, the applicant shall pay with his application an investigation fee of not to exceed Five Hundred Dollars ($500.00) and the city shall conduct a preliminary background and financial investigation of the applicant. The application is such case shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public _interest to have an investigation made on a particular application for renewal of an "intoxicating liquor" license, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau of criminal investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that issuance would not . be in the public interest. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed Two Thousand Dollars ($2,000.00) and shall be paid by the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the applicant whether or not the license is granted. The city Council may waive the investigation and investigation fee for applicants which are organizations or entities existing primarily for educational, religious, civic, charitable or community service purposes, if the organization or entity has been engaged in its primary activity in the city of st. Joseph for the five years preceding the application. The above ordinance amendments shall be effective upon publication. These ordinance amendments were enacted by the city of st. Joseph this ___ day of , 1993. Mayor of the City of st. Joseph Clerk of the City of . st. Joseph N: \c~\81joe\af032693 .252 .' ',. . V DO:'\OHVE RAJKOWSKI L T D . Attorneys at LaIL' Reply to: St. Cloud ST. CLOUD 11 Se\'enth Avenue :\orth March 26, 1993 p.o. Box 1433 St. Cloud, ;-.IN 56302-1433 Ms. Rachel Stapleton 612'251'1055 St. Joseph City Clerk Administrator 800'445'9617 City Hall FAX 612·251·5896 P.O. Box 668 St. Joseph, fv:1N 56374 MINNEAPOLIS 2904 Plaza VII Re: Amendments to Ordinance 51 and 52 Our File No. 15,692 -l5 South Seventh Street Minneapolis, ~1N 55402-1620 Dear Rachel: 612'339'9206 800'445'9617 Enclosed herewith, please find the proposed amendment FAX 612'339'4775 of Ordinances 51 and 52. I have reviewed the meeting . notes from the City Council meeting where these changes were authorized. I hope that this document FRANK J. RA!KOWSKI incorporates the changes as requests. If not, call me GORDON H, H.4NSAfEIER immediately. FREDERICK L GRUNKE THO.\JAS G, JOVANŒ'ICH Paragraphs 1 and 2 change the law by requiring a JOHN H, SCHERER building permit for the construction or reconstruction PAUL A, RA!KOWSKI of an accessory building. Paragraph 3 is a general statement of the zoning ordinance dealing with KEVIN F. GRAY accessory buildings. Sections 4 and 5 of the proposed amendments deal with accessory buildings in R-1 and R-2 WILLIAM J. CASHAfAS areas. Section 6 deals with accessory buildings in a DAVID T. SHAY mobile home district. I felt it would be appropriate C.4ROL A. STARK to leave the 8% or 800 square foot limitation in a RICHARD l-\~ SOB.4H~4RRO mobile home area since we would be dealing with MICHAEL c. RAfKOIVSKI significantly smaller lots. It was also my understanding in reviewing the meeting notes that the A, CHAD McKESNEY , proposes discussed by the Council dealt with R-1 and MOLLY J. WINGATE R-2 lots. MICHAEL H. DONOHUE If the Council adopts these amendments in this form, OF COU:--;SEL please have the amendment sent for publication and notify me of its passage. If they pass the ordinance JAMES H, KELU; ;\1,0., F..'1..C.J> with minor changes, please contact me regarding the :>.tEDICAL CO¡"';Sl;LTA;,\;T changes and I will have the amendment with changes .". H; H,""'iEIER IS Amll;'ED T,O P.R,KTICE redrafted and sent for signature and publication. ~ :\ORTH DAKOTA AND \\'I5CO:'\SI:-":. If we are still dealing with wholesale changes, PAUL A. RAJKOWSKI IN WISCO;";S¡;";, CAROL A. STARK IX ILU:-iQlS A:-';D ~115S0l.jRI I would probably be best off discussing them AND WILUA~f J. CASH:-'fAi': IN SOUTH DAKOTA. . · Ms. Rachel Stapleton March 261 1993 Page Two face to face with the Council. I assume that I will be asked to attend the next meeting and probably address them at that time. Very truly yours, DONOHUE RAJKOWSKI LTD. JHS/jck Enclosures L: \gen \15692\ak032593. 011 · · "" · . · 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 REOUIRED. 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 · . · 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. Accessory bui1ding(s) and/or private garage(s), either attached or detached, shall be subject to the following number and size limitations: i) One or two accessory buildings covering a combined area not greater than 900 square feet are permitted. · ii) One additional accessory building, covering an area not greater than 120 square feet is permitted in addition to those allowed in subparagraph i) above. iii) The combined area of the lot covered by the accessory buildings authorized in subparagraphs i) and ii) above shall not exceed 8 percent of the total lot size. iv) Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs i), ii) and iii) above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 120 square feet; v) Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a 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: . 2 · . · e) Accessory bui1ding(s) and/or private garage(s), either attached or detached, shall be sUbject to the following number and size limitations: i) One or two accessory buildings covering a combined area not greater than 900 square feet are permitted. ii) One additional accessory building, covering an area not greater than 120 square feet is permitted in addition to those allowed in subparagraph i) above. iii) The combined area of the lot covered by the accessory buildings authorized in subparagraphs i} and ii} above shall not exceed 8 percent of the total lot size. iv} Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs i}, ii} and iii} above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 120 square feet; · v} Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a 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} Accessory bui1ding(s} and/or private garage(s}, either attached or detached, shall be subject to the following number and size limitations: i) One or two accessory buildings covering a combined area not greater than 900 square feet are permitted. ii} One additional accessory building, covering an area not greater than 120 square feet is permitted in addition to those allowed in subparagraph i} above. iii} The combined area of the lot covered by the accessory buildings authorized in subparagraphs i} and ii} above shall not exceed 8 percent of the . total lot size. 3 ~ ç . iv) Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs i), ii) and iii) above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 120 square feet; v) Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a 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 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: \cÌ1J\stjoe\af12292.251 . 4 ", ¡. .r W DONOHUE RAJKOWSKI L T D. Attorneys at Law Reply to: St. Cloud March 22, 1993 ST. CLOUD 11 Seventh Avenue North P,O, Box 1433 St, Cloud. M:-.I56302-1433 Mr. Thomas A. Janson 612-251'1055 Attorney at Law 800'445-9617 P.O. Box 1752 FAX 612'251'5896 St. Cloud, MN 56302 MINNEAPOLIS Re: St. Joseph v. Kacures Our File No. 14,667 2904 Plaza VII 45 South Seventh Street Dear Tom: Minneapolis. MN 55402-1620 612' 339 '9206 I have had an opportunity to view the area of Ed 800·445·9617 Kacures' backyard. I would propose the following for FAX 612'339'4775 the purpose of settling the criminal charges currently . existing against Mr. Kacures: FRANK J. RA1KOWSKI 1. That the "diagonal mesh II fence located on the west GORDON H. HANSMEIER edge of the easement area behind the lot adjacent FREDERICK L. GRUNKE and to the north of Kacures be removed. In its THOMAS G. JOVANOVICH place, Mr. Kacures will construct a fence of the JOHN H. SCHERER same materials and design as that currently PAUL A, RA1KOWSKI located along the west edge of the easement area directly behind his house (1 x 6 cedar boards KEVIN f GRAY alternating straddle of the top and lower frame runners) . WILLIAM J. CASHMAN DAVID T. SHAY 2. That the storage shed currently located within the CAROL A. STARK area of the easement be removed from the easement RICHARD W SOBALVARRO area. MICHAEL c. RA1KOWSKI 3. Remove any posts, poles/ or pipes driven into the A, CHAD McKENNEY ground or anchored in the ground/ except for those MOLLY J. WINGATE located within a foot and a half of the east or west edge of the easement. MICHAEL H, DONOHUE OF COUNSEL 4. Remove any fences or barricades located at the north or south ends of the easement area owned by JAMES H, KELLY, M.D., fA.C.P. Ed Kacures. A fence may be constructed to replace MEDICAL CONSULTANT those that are moved/ but it shall be of the same . H. HAN.MEIER IS ADMrrrED TO PRACTICE material and design as the fence located behind . NORTH DAKOTA AND WISCONSIN, Kacures/ property, and it shall be hinged as a Jf..UL A. RAIKOWSKI IN WISCONSIN, ROt A. STARK IN ILLINOIS AND MiSSOURI gate so that it can be opened to create an opening AND WILLfAM 1. CASHMAN IN SOUTH DAKOTA. . r , .' Mr. Thomas A. Janson March 22, 1993 Page -2- at least 12 feet in width. Although the gates may be latched, they will not be locked. 5. The carpeting located in the easement area which is now exposed to the weather or has been exposed to the weather shall be removed. 6. The matters outlined in 1 through 5 shall be permanent in nature. The City and Mr. Kacures shall sign an agreement prohibiting Kacures from returning any of the removed items or materials to the area of the easement or placing any other items or materials in the easement which are either anchored to the ground, cannot be moved out of the easement area by a single man or would take a single man more than one hour to remove from the area of the easement. Tom, if these matters are complied with, I will dismiss the charges. If Mr. Kacures is unable to comply with all the matters prior to the date set for trial/ I would agree to continue the trial until July 1, 1993, with the understanding that the matter is to be resolved by that time. Once completed, the charges will be dismissed. . I would also ask that this understanding be reduced to a court order so that if Mr. Kacures clearly fails to comply within the time required, the City may then pursue a contempt of court citation against Mr. Kacures. It is my concern that Mr. Kacures may temporarily comply with the requirements until the criminal charges are dismissed and then move things back into the easement area in violation of our understanding. If this occurs, I want some recourse. Tom, take a look at this proposal and let me know if it is acceptable. If any item is, not, let me know what the specific problem is/ and maybe it is something that we can work out so that the concerns of each side are addressed. Very truly yours, JHS/baz . ~ Rachel Stapleton L; Igen \14667\afU32293. 011 W r POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE . BOX 268, 25 N.W. 1ST AVENUE ST. JOSEPH, MINNESOTA 563ï4 EOllCAT¡O>;At CENTER OF CENTRAL .:it;SESOTA (612) 363-8250 EMERGENCY 911 iii..j i L ~ ¡-;!(11;:~C:}..j 1';) 'j :l ':) (:'.~ ~::! ¡ t..i :~ -i'HE t;."·¡ I J·CJSE:~·'~1 (~J:'I'Y C;()l.J~IC;).l._ FF~(Jì"'i ;; Cj··~:~ i:::r: L_ I ¡···j:O Ci F~ E: ¡'..¡ ~;~ lJ :Ü J" L [:"r ~ SAL~S LIQUOR LICENSE DEAR COUNCIL MEMBERS. F~¡~::l..~~l·IVE "I"O YOlJR REQLJE:S"I" l..A~;l· ~!:[G!'-!'!- l"(J r:llJl" I ¡,.j !'iE!'iU F OF.;!'! "¡'HE i-;~E~:;;Ui.~"¡·':::; OF" -r-HE I{(·iC:i-:~c¡r;~[)Ui-·~.() C::HECV~ FCiF< TF<rji"4~::~F¡~F: C)F :3i::lL. '.i r; LIQUOR LICENSE TO BIP INC, OR MORE PRECISELY: ~:;Ui"¡ETHI Hb Ii'! t,JF: I T I HG I~DICATING THAT THE BACKGROUND CHECK HAS BEEN . CUPiì'LE T [Ii ~ {1\i I) THE: F-~ E IS ¡-¡U F:E(¡~:;Or'¡ ~ l~()S[~I) O~! l-j-i:¡.~~ (~~'IE~:(~j< ·I·i··l~~l· 'fHE Ti:;~(·!j"'ì~::~F·t~h ~;HDtJ¡_J) ì-..jOT J::E C:OiilJ::ll_ETED" H;:· J I Ì"¡ Ü I C (~ T E: D t. (', :3 'I' HJUH"í, AND PLEASE BE ADVISED THAT, THIS I S THE CAt;E. .[!::" Tt·-lEj~t~~ AI:~E: ~~i~Y ()·f·I·1i~~:i:~ (~lJES1-IOi~~3~ OR ANYTHING FUR1'HER vaG WOULD REQUIRE OF ¡'IF, OF~ l·~·il~~ I)E~~:'(1F~·I·t¥iE¡~1· RE:l_~~'I-IVE~: l"CJ l·t·IE~ AFOREMENTIONE~fOPIC, ¡~¡LEr:I:3E (4))1.) I ~:~¡:: of E~ I_}'~ C :::: F< E L. Y #- ---- :u ¡:~ (I :0 L E,( i L J ì···i j) f3 F;~ E~ r~ " u C: H J: E r-:- (J F- r:'CJ L.. I [:E E;·f OJ JOSEPH POLICE DEPARTMENT . . POLICE DEPARTMENT BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ST. JOSEPH, MINNESOTA 56374 EDüC.&,T¡ONÄl CENTER Of CENTRA.L .Io!!N¡'¡::SOTJ. (612) 363-8250 EMERGENCY 911 .0 () "r E :: !"¡(¡j:;:CH :L '~; ~¡ 1')':;',:) TU~ 'THE bT" JObEPH CITY COUHCIL. ¡- 1'·:UP1:: CHI E F L_ I ¡"I D U ¡:;: E H i:::U:C:JE C-¡ ~ C:ULH,¡CIL" b ACTJOH TD CHí-h,iGF NJl_ICE DEj:;(¡¡:C!.... ¡.¡t~ì'"jfb 3CH¡;~:OULI:~ 'In ß HOU¡:;: bHIFîi:;" DEAR COUNCIL MEMBERS. AS YOU ARE AWARE, J ~.Jnf3 L-,IU¡:;:I< I ¡·,If·.i L~'lbT H 1. CHT UP TU THE '¡ I i'i L THE CO U 1,,1 C I L pi U~~ T :U· Co [: 'f {Cj F: T E Ü " I WAS FINISHING ARREST REPORTS AND COHSULTIHG WITH FAMILY MEMBERS RELATIVE TU AN ("! h !~~ E ~:~ -r I C¡:'FECfED OJ'''! (: DO'lELT I C CALL_ AT THE 1::1"1)) UF ¡:¡Y :::::H I ¡:'T" ¡::'IDDITIOi~nL.LY , AND JUST PRIOR 10 THIS OFFICER GUSTIN CALLED 10 ADVISE THAr HER FATHER HAD JUST PASSED AWAY AND ï \..J ¡:.¡ S l:) 0 I~: ì< J i'l c:¡ OUT SCHEDULING PROBLEMS AS SHE WAS SCHEDULED TO WORi{ THIS \,Jt~t~i<EHD ,. TUD¡:¡Y .t F: E C Ell) E:O THE Pi F~ Fì D I:;; E L. r¡ T I I,) E TO -¡ H E C U U H C .[ i... ') ::::; . ACTION TO SWITCH ALL OF THE OFFICERS UF THE DEPAR1MENT 10 ¡:~:[(}ì'1'T- 1~()lJi~ ~31'{:[F'I-~;~ TO BE EFFECTIVE APRIL 4, 19i:33u TOT H I~, I T E 1'1 , THAT WAS ADDRESSED AND PASSED AFTER I L.EFT THE CUUNCIL MEETING, .i. WOULD LIKE TO ADDRESS IN THIS LETTER. .L WILL BE AT THE MN CHIEF"S OF POLICE CONFERENCE NEXT WEEI<, (,¡'"I:O HA'v'E ~3CHE:OULE;:)) THE ¡::OLLUI') I ¡,íG FF: I :ony OFF TO PF_ l..,i I TH ::::;Ui'IE OLD FRIENDS IN MONTGO~ERY. ¡:"IFTEF~ TODAY' 'J I ~,iILL. NUT BE BnCt~, IN THE OFFICE UNTIL MARCH 30, ¡::¡¡',¡Ü UH TH I S liATE .L H(,¡)i:~ ¡: C:OUF:T '\H¡::: :Ê, ¡:,¡L ¿'CHEDULED. ¡:.' f.: I O¡::; TO THE COUHCIL" Ei (:CTIOh LtJS'f ¡,¡IUHTe ,', H(¡Ü pi,j'r OFF 'rHE 1 b ~~~ i.J F: () ¡::. [~ ¡.) E ¡.~ 1 U HOUh f:::i-'¡ I FTE ¡::¡¡·iX.I TH¡:~ :5 ::'l:::¡:::;~3U¡i i:;CHEDUL I t··!G Ui'iT I L I ¡:~ E. T U F:: H .. THE ~:.' ¡::'EF:SOH 'j 10 HOUR SCHEDULING I~; nr~ Ij'!PDF;'fr'¡",iT CUI"jCERH FD¡:;: THE, (,JHOI._E DEP¡::¡¡:;:TI'iEHT, T}·1¡~ COUNCIL'S DECISION TO R~VERT BACK TO THE 8 HOUR SCHEDULING, IS A MAJOR CHANGE AND HAS LEGAL.. I", CJ r: ¡::¡ L E ',1 n¡"·ID LO(3 I ;::;T I cnL CONHOTA1'lONS ATTACHED. I r~ E;HCihT 'J I DC! I',¡UT ÜEL I L l,.iE ]. kilU.. !:{[ ¡::¡BL..i;;, 'I'D I!~I:)1._~~11Ei'i·r 'r'¡'~I~3 (:¡·~~~j~Gi~~ B"( (~J~RII... 4~ 1')').3. .. t~L~~() DC) NC)"1" WAN1" 1"0 CRE=Al'[~: ~~~,y lj~tDlJE~: Al..~~Ri~i (JF< r·'R[jBL..E:~iS l..J :;: 'r HI H -r H E~ :OE ¡~I('JF~ "fi') E:~ì"-¡ -f t/JH I L_ E 1 AM AWAY FROM THE CITY" r:b ]. ~I~~VE Sl"Al-E:I:) BEF:()F~E~~ J. WILL FOLLOW 1HE COUNCIL.'S D!::.(:~IS:[O¡~~~ ()¡~D A(:~'f':I:Oj~~~ "}"() 'I'I'1E~ !._E~·T··T·I~:!~ AS 1_.O~j(3 ~~S 11 IS HOr I L. ~m E (-:¡{lL D F;~ I r"¡ r~Uf;:P1L... THE L.EEif::·~L I T'y" I ::;E:UF :i:f~ ç:~ (:;C)l~¡C:~~F~j~! ~4E::F~~: (:}~~ Ii ¡:~¡~:I._(~·f·ES "f"C) -r'j'1i~ i::'I~DI::i~~)'J':[l:)N~S COi~-I'i:~A(~'r'(S)'1 I H ¡::¡ ') E: B i::: E I"¡ 11",1 CONTACT WITH THE MAYOR AND CITY ATTORNEY ON THIS POINT. ¡::I~¡ DF TH I i3 DÇ¡T~~, AND BY WAY OF THIS LETTER, I AM FORWARDING THE: FEDERATIONS CON1RACT(S) l'() l'~'IE~: ~~'I"I'()F~¡'!E~:\'~~~ C)F:'F'IC;[::~ (¡ H:ü (1I'i . (¡;:,i< I ¡"IG ¡::.0 !::,: JDHI"j iiCH[i<t:F: 'j i~: L_ FG(¡ L_ (j~;' I 1",1 I UI"~ 01',1 jr¡¡:'~':; I H(3 T HE: :~;I;,i I 'fCH iT: U !'j THE: 10 ~~UUF~ S~~lFl'S 1'0 l'~~E 8 ~'IOLJF~ E~~'!IF:"Y'f~~ JUHH, 13UÜ '. 010: .t W:¡:I._!... ¡:;()f~W~)I:~D !'1:[~~ j::']:¡~jD:[j~G~~ T() Y(jlJ A~; SO()}~ (~~3 W¡~.;·J. H¡:,')I::rHE:¡'; ,. T H ¡~¡ H j':; Y (J l i F U Fo:y (! U F< '!' J: pi E . ".::;: I ¡-..j C E f< C L. h7 ~ I:; h: ("; I) L. E .~¡ . -..'"- . .._.. _. _. __ _u. CHI ~~ ;:" L 1. i'~: 1} ì.:.i t·<~. r~; '} ... .'f, . I Cormrússionswor~Mtn 6usinMs,f06ar, eáuaztion, cWit, reûgWus, socia! ant! community groups in orú,r to foster intergroup u~standJ.ng Qru! ttJeûminate prejuáia,ant! áiscrimination. -' ~. __""-_.~__ ~ -~_ "" 0·-.__ < "-- ~. - -- ( CITIES WITH HUMAN RIGHTS COMMISSIONS ) >:"t ~i~-~-_5 r;r~{n_'"-';~-:-i~S~7~~~\) ~___= J;J:_i:: - c .. ~7 -- _______ __ _ - ,-- - .. -. Albert Låa.'.'.d> '>~"IY";~ .~ . Minneapolis' Arden Hills Moorhead Austin New Brighton Bemidji .New Ulm Bloomington Oakdale BrooklynCenter.> Orono,' , Columbia Heights Red Wirig Cottage Grove Richfield Coon Rapids Robbinsdale n,' Crysta1c.;:~ ' Rochester . Duluth Roseville , Eden Prairie St. Cloud Edina St. Louis Park FâfconU-Heights Shakopee fFergits'galls' Shoreview ,.:. Fridley. South St. PaUl ' ;.Golden Valley , ,c~· St. Anthòny . Hibb' ;_>.C c·.·,·', Saint Paul ':' mg ",C<L'"-.,,,~_. ! InverGrove Heights Virginia { .'-. ~Maplewood.,·;. ,'" ' Winona 'Mankato Worthington , Marshall . - _.- " -, IæJm~JF><ID)N~JE ~@ A<C~~ <IDIF ræIIA~ A~nID JF>IæJE~1lJJ])JlCCJE . Local Human Rights Visit with Write letter Contact: Commission victim(s) to victim(s) Police, after calling Mayor, Council Contact local groups: Send news clippings, reports to Chamber of Commerce League of Minnesota Human Rights Clubs & Organizations Commissions Educational institutions Religious institutions Social action groups Educational Minnesota Human services groups materials Department of Human Rights IkmuW~1 . Wliên Wirr (Sample letter to victims if you have not yet met with them.) tliere 6e CITY HUMAN RIGHTS COMMISSION Dear Friends, justice in It has come to the attention of this Commission that you and your family have .9lmerica? suffered harassment in your home and that damage has been done to your property. We understand from authorities and news reports that the Wlien one motivation for these acts is racial bias and prejudice. The Commissioners express regret that this has happened. It saddens us to know that someone in wfw is not our community is going through such an ordeal. injureá is Weare alerting our bias Response Network to this outrage and someone will as incenseá be calling you soon to arrange for an appointment to discuss how we can be of continuing support to make certain that such an ugly act does not recur. If you 6y injustice prefer, we can discuss this by phone ( ). as tfwse Enclosed is a brochure outlining what your rights are in this case and what wfw are organizations you may contact for help and support. injurecC. We see once again that much work needs to be done to stop hate crimes in our communities. This quotation from Charles Kuralt captures our thinking on this: "When will there be justice in America? When one who is not injured is Charles Kuralt as incensed by injustice as those who are injured." We are incensed by this incident and are motivated to increase our efforts in the Human Rights arena . so that this type of incident will not happen here again. Sincerely, 'SOVSS 'N}"i 'snodæUU1}4{ 'I{1nOS am.I3¡\ V \IUad 9161 'WSSi'Œ (ë:l9) ':paMÁ~ 'M UOµ0y.¿ 'lQJeu¡p.iOOJ ~!edWD al{1 peJuro 'aJill?JS')sse 10 U0!JI?UU0JU! lal{1l11J io.1 - 's.Ia»JISMaU lJal{1lI1 UO!SnplI1 lOJ 8uo¡;x:¡ nOÁ IpNM 01 suo!JezJlrefuO pill? 'sroq¡ß¡aU pill? SPUdµ} mOÁ OJ 5a!dro a¡nqJlJS')p pill? aJnpolæ1 asrokI (aSEald .Ia^Q) . 'SanmQ1Ssod .IatHO SE ITaN... SE 'SEap1 wE.r.8O.Id aAoqE al.{1 JO awas ssroS!P O~ re aw nEJ aSEald 's,paJJa It1JW.IEI.{ 5.11 PUE Á.L}02!Q ~noqE a~EJnpa 01 PUE 'suazHP mo ITE 2UOWE padsêU IEl11mu PI!nq o~ UO!SSPllWOJ Sil.{2ru uEurnH IEJOI E 2UrZ¡UE2.IO uo UO!-jEUIlOJII! aur puas aseald ·sdn0.r.2I.{Jns JO saA!-jE1uaSa.IdaI.Io 'dn0.r.2 J1uI.{1a .10 sno~!1aI 'IEPE.I .Ial.{10uE I.{HN... 2u!-jaøw .10 .IaulI!p Ái!S.IaA!p E 21I!PIOl.{ uc UOnElUlOJII! puas aSEald ·spun0.r.2){JEq a5.IaA1P ÁITE.Il11InJ JO sdno.L2 2II!UIlOµad PUE SUO!-jEZ!UE210 'suos.Iad JO 1Sft ,Sla){Ea-::ìs moÁ aur puas aSEald ·2II!ururE.r.8O.Id a1E~s pUE IEJOI.I0J seap1 aur puas aSEald :d1Z :Án=> :ssalpPV :# lêJl :awEN IDO)\, ~Uµd aSEêJrd <Jl11lEu2!S roo)\, . '~!S.I~¡\1P .IFJi{j ì{2no,nH S~¡\n roo i{JµUd ì{JNM PUI? 'ÁljunOJ PUI? ~j~S roo dn~;?UI jei{j S~J&I pue samj¡ro JO J!esow ~¡p, ajPJqa¡~J pue PêJdSaI 'pUejSlapUn OJ >pOh\ OJ a~pa¡d I · 'sPJ(OJd uOWWOJ pue swwOJd ¡euoµrJnpL1 ~¡\µPJddooJ wai{j i{j~"'\ 2u!doIJ¡\JP hq 'sdncu2 ~µOUrJl OJ aâpµq e SI? 2u~'\lJS hq 'aj81S Jno U! aIai{h\aSp pue Á]¡unW'JloJ Áw U! Sdaj5 a¡\µ!soo a1ej OJ a2pa¡d I · '2uoFJQ I i{J!i{,...\ OJ sUOj1£'Z1Ue2lO ~i{jl!2nOJi{j pue suoµe¡aI ¡euoSJad hW U1 'Á]Jpo5 IDO U! s¡enxasoWOl! pue UJUlOM 15U!e2e ~JUJ¡O~\ 2u~\\cu2 Ji{j pue jUdWssPJei{ ¡enxas' Âl102!q 'w5µr..u<!S-!1ue 'wsPPJ 's~urµJ aje¡¡}o u0!1e¡e)5~ ~t{jjslI1t:ße 1no ){8ads 01 a2pa¡d I t 'UOP\?1uaµO ¡enxas .IjJt{j JO uµJµo ¡euoµcu 11;)'11 'UO~Jldl11~ln 'U1){S J1dt¡j JO Jo¡m dt¡1 uo 10U PUI? 't¡¡IOh\ ¡enp!^!pu! J1041 uo S.IJt¡1O aâpr~ 01 a2pa¡d I · <Jffi ,~w }O s.µ;xise TIe U1 'sdn0.r2 J~i{lO}O PI0i{ hem I je¡p, sdd,~OOJ~jS pue 'sase¡q lL\\O hW a\I1'.liexd OJ a2pa¡d I · '+MÌ5aI ¡1?!1jnw pur 2U1puejSlapl..'TI 'Á1nenOO 'd,)!1sn; ¡epPJ JO} f!L\\ po0Z JO Jopesseqwe ue ~q 01 '~J1..'TIW'..uOJ Am 1.I1 ~)j0} ~A!Hsod e ~q OJ a2pa¡d I · :Âl1unO) mo II! i:'Ildt¡^\asla pUE salaguv s01 U! Sa)UallnJ)a )~e11 a1{l U! papaua1 an? ^\aU ptœ 'apEJap JSEd !;J1{llaAo um1uawow guµattlE~ uaaq aAl?1{ 1tn:¡l Átapas mo U! pallEt¡ ptœ SUO!suat dnonha1U! pUt? ll?pEl JO uOHEll?Jsa alp JO a)[E!N. dlp ur :af3pald leUoSJad ÁV\I . ~!SJa^!a Jno a+I:?Jqa¡a:¡ Of pue ÂJ~o6!8 pue a+eH +su!!:?5v u6!!:?dwl?) aP!Ma+~s ':f SUO!SS!WWOj n46!tl uewnH ~osauunN 10 an6ea-¡ aLU. ~~~ St. Joseph Parks Commission ~ .. eOt / \ - SL Joseph, Minnesota 56374 ~ .-, - - - - Minutes of meeting March 22, 1993 Meeting was called to order by John Anderson, Chairperson at 6: 35 pm. Members present: John Anderson, Joe Braun, Fey Gretsch, Marge Lesnick, Claudette Klein and Liaison Bob Loso. Members absent: Rich Schultz and Darwin Erickson Park Liaison report: Bob reported that a request was made to have a sand box (24x24) in Millstream Park. Bob talked with Dick Taufen from Maintenance Department and he said they will put in the sand boxes. There is a new ADA compliance that will have to be met in Centennial Park in the bathrooms, but ITOney will come out of Maintenance fund - unisex bathrooms. Irma Lanier came to the Park Board meeting and is interested in being on the Park Board. Bob Loso will submit her name to the City Counsel. Summer Recreation Program: Mr. Sakry along with Boys and Girls Club met with Bob Loso regarding summer recreation. The outlay amount is $5000 and the city will contribute $4400 with $1375 to be solicited money for t-shirts. They are planning to incorporate open swim, bowling / volleyball, baseball as some of the programs. . Spring Clean-Up Day: April 24 will be clean-up day. Bob will meet with BFI regarding dumpsters. We suggested to have curbside pick up instead of one large dumpster where everything is thrown in such as paint, carpets, etc. Park Survey: John has put it on hold. Skating Lessons: Joe reported that everybody seemed satisfied with the program and the response was very good. Review of By-laws: meeting was going rather late so this was tabled. Each Park Board member should look over the by-laws and make changes, etc. if needed. Park Clean Up Day: Joe Braun will check on this after Easter. Spring toys: The two spring toys in Joe Braun's garage will be put in Centennial Park. A recommendation was made by John Anderson to order to "back-hoe" spring toys this spring. If we need any items done for next year we should put a recommendation in to City Council because Capital OUtlay budget is due in June sometime. A recommendation was made by John Anderson to accept Irma Lanier to the Park Board. .' Dennis Stueve from Chamber of Commerce came to explain the beautification of the south side of Main Street. He was interested in knowing if the Park Board had any money to donate to that fund. Park commission was very interested and will check to see if any monies could be recommended to that project. Meeting adjourned at 7:53 pm. Submi tted by: ~f~ Claudette Klein SeCretary .' " . , ""-" , , . ~.... ~,>,c., -- . - ..-. <.- ~ :--~,,-~;~~ . ---.--"-----"'----;~... STEARNS COUNTY HISTORICAL SOCIETY March 25, 1993 Rachel Stapleton City Clerk/Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374- RE: St. Joseph History Fund Dear Ms. Stapleton: . Attached is the Activity Statement for the St. Joseph History Fund for the year ending December 31 , 1992. The Historical Society maintains this fund as a restricted fund for use by the St. Joseph community relating to their local heritage. I have enclosed a copy of the fund policy. I f you have any questions concerning the fund statement or need further information, please contact me. Sincerely, /J¿k- David Ebnet Executive Directot DE/kh Enclosure cc: St. Joseph Township Clerk . MAILING ADDRESS: I FAX: 612 2532172 I MUSEUM LOCATION: aæ-~h BOX 702 ST. CLOUD MN 56302-0702 TELEPHONE: (612) 253 8424 235 SOUTH 33RD AVENUE knOI1cCI1 AssodctIon 01 M.Jocurð 0 . STEARNS COmiTY HISTORICAL SOCIETY ST. JOSEPH Fmß) ACTIVITY STATE1Œ1IT December 31, 1992 TRANSACTIONS Date Amount Jannary 1, 1990 $ 1,976.38 January 9/ 1990 3,343.00 January 12, 1990 (12.50) May 31, 1990 10.00 December 31/ 1990 319.01 August 3 1 , 1991 235.06 December 31, 1991 (58.71) March 3 1 , 1992 181.51 October 31, 1992 134.16 November 13, 1992 (447.50) December 31, 1992 (61.28) . TOTAL $ 5,619.13 Beginning Fund Balance - January 1, 1992 $ 5,812.24 Interest $ 315.67 Distribution (447.50) (City of st. Joseph) Management Fees (61.28) Net Changes $ (193.11) TOTAL FUND VALUE - December 31, 1992 $ 5,619.13 . .. . S1. Joseph Fund of the Stearns County Historical Society Definition: A restricted fund for use by the St. Joseph community to record and preserve the history of the St. Joseph area as recommended by the city and township governing bodies. Policy: The Stearns County Historical Society shall maintain a restricted fund, known as the S1. Joseph Fund, dedicated to the preservation of St. Joseph's history. Request for fund use shall be presented to the Society board of directors by the governing body of the City of St. Joseph or St. Joseph Township. No request for funds should be for more than 50% of the existing fund balance. Procedures: 1. Irtvestment. The Society will attempt to invest funds in St. Joseph area. Separate and distinct records will be maintained showing fund activity. Short-term investment media will be considered (certificates of deposit & money market funds). 2. Fees. Management and accounting fees shall be charged to the account. " Annual Report. The Society shall issue an annual activity report identifying .). contributions, net gains and losses, interest & dividends, management fees, and distributions. The activity report shall be sent to city and township governing bodies. . 4. Reauest for Funds. Requests for expenditures of funds shall be submitted through both the City of St. Joseph and/or St. Joseph Township governing bodies to the Stearns County Historical Society executive director. Final approval of fund use and distribution is vested in the board of directors of the Society. Requests shall be in writing providing the minimum of the following information: a. Needs assessment (reason for request) b. Project objectives (measurable outcomes) c. Methods (describes steps to achieve desired results) d. Budget (estimate of total project costs) e. Project summary In the case of one governing body requesting funds the other shall be afforded the opportunity to comment on the request to the Society. 5. Distribution of funds. Following board of director resolution authorizing distribution of funds the Society will issue a check to the governing body who made the request. Since funds may be invested in term deposits with penalty for early withdrawal, there may be a delay in transfering funds. . .. r .,... .....,?-O;.~. ":~:.. - It me~ns weather condi~ions are favorab/~ ~or the formation of tornadoes. Be alert and ~,..: , ' " .4t, stay mformed of changmg weather conditIOns. - It means weather conditions are favorable for severe thunder- storms including high winds, hail, heavy rain, lightning and tor- nado formation. Be alert and stay informed of changing weather conditions. ,.. - It means a tornado has been sighted. Seek shelter immediately. Do not wait for a warning signal. Take a portable radio with you to keep informed of changing weather conditions. · Stay away from windows, doors and outside walls. Protect your head. . · In homes or small buildings, go to the basement or to an interior part of the building on the lowest level. Closets, bathrooms or other small rooms offer the best protection in many cases, · In schools, hospitals, nursing homes, office buildings, shopping malls and other public buildings, go to pre-designated shelter areas. The basement or interior hallways on the lowest floor are usually best. AVOID AUDITORIUMS, GYMNASIUMS, OR LARGE AREAS with poorly supported roofs. · In mobile homes or vehicles, leave them and go to more substantial shelter. · If outdoors, with no shelter available, lie flat in a nearby ditch, and shield your head with your arms. :Yf?~~~~~'~'-"'~",:'f'f}"':?7~':'''''~'- - It means severe thunderstorms have been sighted or indicated on ;;7.~;~-" 'SEVERE' ., radar, Stay tuned to radio or television for latest advisory informa- ~j~:,~,{, THUNDERSTORM tion. Be prepared to seek shelter. TORNADOES MAY ACCOf:1- ::£'F'~ ~~'" "" PANY SEVERE THUNDERSTORMS, Be aware that heavy rams ~¡::;~,.,.¿}: WARNING.~;:'-f.,,: causing flash flooding, large hail, high damaging winds and light- ;'&'i::.~~;"~~~~"', ,.,.,"":,'.~~,;io:......"'".~, ning may accompany severe thunderstorms, ~:"'_-_":-:~"'''''_'-,'''"''-''-!'''~~. -J.~~.Io"'-;'~·-"-'''''F··___~·_·r_:,>_"v:>;,.-:~~_-.'''''''''''~:'''"~~'''-~~Þ·~.-~_;~"'.-.y.-'SJIo~~~""':'I'!:~~_¡:";:"¡;:P~~:''',-'~;:'C...'''~r.-.~....~,-..... --:-......-:"-t~.~.--~._._.- .!'t.!t-""....-:~ -~., ~ -..... .............. ':' /{nOW and detect severe weather conäJtion-:-Bëcome a SKYWARNvolunteer ". Contact your Emergency Management Director. , .-o:;.'~, '-"-'-_:;.~.:..""'-'_';'-'-""=;.;;""."":·.;::c~_,...,,~'¿.~...;;~r'_õ~~~~~~w~..~·,¡;,;¿.. .;;:....."'"iü:,';.:;:,j'·~., '-.,.. ;';'~i'>'_,>'~__., ,'" ,¿......... ",' .. 0 -... '3-, : This official information compiled by Minnesota Department , of Public Safety DIvIsion of Emergency Management In , , , cooperation with the National Weather Service Forecast Office STATE OF MINNESOTA NATIONAl WEATHER SERViCE DEPARTMENT OF PUBUC SAFffi FORECAST OFFICE DIVISION OF EMERGENCY MANAGEMENT . March 29, 1993 Counc i 1 Members RE: Purchase of truck Council Members: At the last meeting the Council discussed purchasing a different plow truck. I was asked to prepare a needs assessment and present it to the Council for consideration. The truck the City currently uses is a 1967, 25 years old, with the City owning the truck for 13 of those years. The front of the truck and the box are very rusty. Additionally the motor is getting weak, it is fueled with regular gas/ and parts are getting hard to find. The truck has served the City well in the past, with the only major repair the replacement of two clutches. I feel it is time to move out the truck before it gets, or costs the City alot of money. Major repairs can be very costly. If the City were to sell the truck, we should receive approx. . $800 to $1,000. When we purchased the truck, 13 years ago, we paid $4,000. If the City were to purchase a used truck from either Lakeland Ford or Boyer Ford, their would be no warranty on the truck. The truck that I had spoke to the Mayor about, a 1985 would not have a warranty on it. The cost of these vehicles range from $17,500 to $29,500. I would recommend that the Council act on this matter quickly, as the trucks are sold on a first come, first serve basis. Boyer Ford does offer a financing program or lease option with these vehicles. I am in the process of contacting Lakeland Ford to see if they offer the same program. What is the Council's opinion on this matter, or how would you like me to proceed on this matter. Thank you for your consideration. . Director v ~ . March 26, 1993 City Council RE: street lighting in Cloverdale 5th Council Members: The City has received numerous request for street lighting ln Cloverdale 5th, 11th Ave SE and East Dale street. street lighting has already been insta 11 ed in Cloverdale 3rd and Cloverdale 4th. After reviewing the matter, I would recommend the City have installed two (2) street 1 i ghts . One light should be located half way dòwn on 11th Ave SE, with the second light on the corner of 11th Ave SE and East Dale street. For your convenience, I have attached a map. The black dots indicate . lights that are existing and the red dots are the lights that I am recommending. If you have any questions, or would like to discuss this matter, please contact me. Sincerely, 112 7d~ Dick Taufen Public Works Director . .....-.... ..-- -- .---- . . . EAST gPoKEn -,~... --\- ---- , 1 I -} E"SJ'J1 I , I \' r~s I \1../ . , I 2 NO B AOo'~ \ i M!ð .. JLOI:I -I- N . LOti 1'1. I 16. J II.' 'LOcr. -I- . . I II. I I II. "V I UR. . l J II. II .' , . 10.· "r" .,~ I 10. .~ , 10. t' , II. ,.' ,r . Q .' I II, - I II. I .' 10 U. 4 . , (';"1-:' \ 'LOer. -J- U) -2- --- I , II. -- ---- \ 1 iŒi I-I II, ()on . , u. I'Od1 ~ ~'Ò I 133 I IWet -4- . \u.:GI,*r \ , í\evm2(\(\ . II. t. l- W I II). 2...· a > 1 II. , PI _l~Cf.~j I-I I? <t I II, .ST. III 10. \I 11. -. DALE 12-15 10, . STREET lLOer. -s- I II 1 ''I 1 11 , . ..~ 1'1 , 140 , I] 10 I' î II \: 11-16 Ie liner. -fo- 1 I I I J 1 \ \ Iwet -I, I I ) , t ¡-. I -, - I..oer. - .. lll!! t 1/1 .t 114 t! call. .. .0 , r. DII"I""·« '''I'MI"' ...... 10 ". plum"'i .It. lad..·.. I, J 1."'iMI."' ,-) ,It un, or " . 8[H£011: 1 . . - C (OVcr-oJó-Ie.. Add,i-IDrLs C ':? -S/Jo J GJ ~~~1~' T'A" ~ . .~ .- rp~ . . . , ,. co U N TY 0 F ST EA R N S Office of the County Auditor Administration Center Rm 148 · 705 Courthouse Square · St. Cloud, MN 56303 612-656-3900 Hank Kohorst, County Auditor March 19, 1993 Rachel Stapleton St. Joseph City Clerk PO Box 668 St. Joseph, MN 56374 Dear Rachel: Enclosed find a copy of a letter from Ross Rieke requesting permission to transplant some trees adjacent to the property line of a tax forfeited lot in the City of St. Joseph. Before deciding whether or not to grant . permission to Mr. Rieke to plant trees on said property line, the County Board is interested in knowing what, if any, objection the City of St. Joseph would have to this proposal. Sincerely, /c' --'~L v.;.,~ Hank Kohorst Stearns County Auditor HK:kk cc: Ross Rieke . "Affirmative Action / Equal Opportunity Employer" #042-1317 . . . ,. Ross A. Rieke . P.O. Box 700 41 Fifth Avenue NW st. Joseph, MN 56374-0700 Phone: 612-363-8545 November 5, 1992 r~r @ rnil~, .. " , u u :',. . i ~ : :¡ Jerry Roering, Deputy Auditor J~ NOV 91992 ? )! Stearns County Auditor's Office Stearns County Administration Bldg - Rm 148 , 705 Courthouse Square \ , Saint Cloud, Minnesota 56303 ! ,., "'" 1 !',rry A \ n-- f , '! : L::: " ' ", ~ . . ~ \J .... .____~ _______ ."~' Re: Request to obtain "Written Consent" to create a "Living Fence" immediately adjacent to: LOT 11, BLOCK 3, CLINTON VILLAGE ADDITION, ST. JOSEPH, MINNESOTA Dear Jerry: I appreciated the time you invested with me Thursday to talk about my request to move five trees, immediately next to, but not on the lot specified above. Thank you. As we discussed, I own Lot 14 in Park Terrace and I also own the following piece of the easement between Park Terrace and Clinton Village Addition, in St. Joseph: That part of Outlot A, Clinton Village Addition, which lies between the westerly extension of the south line of Lot 15, Park Terrace, and the westerly extension of the north line of Lot 14, Park Terrace, said Clinton Village Addition and Park Terrace being duly recorded plats on file in the office of the County Recorder in and for Stearns County, Minnesota. 4IÞ There are currently 13 trees in the easement area. I would like to move 12 of the 13 trees to the westerly edge of the easement. Based on st. Joseph Ordinance Number 32, An Ordinance Limiting Activities In Public Easement.s, I have to follow certain guidelines to gain approval to move the trees. I am working within the ordinance to gain that approval and I've enclosed a copy of the ordinance. Beyond that, because my request involves moving the trees within two feet of the adjacent properties, I also fall under the St. Joseph Fence Ordinance, which is enclosed too. As you review the ordinance, you'll find the following entry is a portion of lta)II, in Section 56.7: "Fences and ~alls shall be constructed at least two feet inside the property line, unless the adjacent property owner consents in writing....." Jerry, here's where you come in. I have enclosed an overview of the plat, along with a drawing of my intentions to move the trees on my side of the line, but immediately next to the line of Lots 11 and 12 of Block 3, in Clinton Village. Because of that, I need the "written consent" of those two properties. As I mentioned in your office, I have the approval of Betty Pfannenstein, the owner of Lot 12, because she's interested in the trees and easy to approach. However, based on what you told me, the State of Minnesota owns Lot 11 and Stearns County is the Administrator. That makes requesting your approval a little tougher. I hope this material assists you in your effort to help me. As I understood, you'll be having my request reviewed by the Assistant County Attorney, Pat strom. If either you or Pat have ny questio s or if you need further information, please call me anytime. Easement Ordinance Fence Ordinance Overview of Plat & Drawing cc. City of st. Joseph Pat Strom, Assistant County Attorney JO-- -so 00 - : '-ooc -,- 0, 650 , ' o· ~ ' ~;"' ~ - ~ I :...' \ ~, ' ~ I I' . \ I I .. , ;. " I - . .' I I I :.:. ~ :"'~' _ _ /6 0 _ _ ~, \ 22 9 ~ \ - I I Saao46'39'E co \ ! I 121 58 I S 8S046'39"E I \ I I 0 I 125,00 oR"" I ' o N /5 N 0 0 - I .-J-- ~ co co 0 /0 Q ~ I - .-------- " I 0 0 ~ I 1 S88046'39"E co co ~ 122,07 I I S88°46'39"E ~ I 125.00 ',: ___ -.-- 14 0 g O~J - ,., ----- \ N 1/ q." '.... I \ co 0 0 ,~. ~~ ~..:. \ S 88046'39"E I CD co 'f! I' I S 88046'39"E ,";1' 122.56 I '.~ ~ (\J 125.00:§ 1.,7 0 \0 0 ,ta.~1. - ,0) '-I \0 CO ~ ~ C\J -i N \0 ~ Q .~ - - I '? cp \0 ~ N /2 !:::gæ; ~õ ~ ------- - l - S 8ß<>46'39" E.J w ~ u: º ~~ - <\¡ --- :~:g SO'.'~ w ...... ,-__123,05__-. Ñ ,?-1i1 88 4639E~¡ =_ I I I - Z - 125.00 w~1 _N 0) \ - ì r 8 ~ ~ :_ ~ ~ ~ I ¡J I 0 1.'2 ° 0 '$' lJ 1 I 2 '0 N - 1'3 _(\Jo~~~· -_~ I '8 ('J CO Z ~o ..... z \ ) rY"o' 0 I-- )r--.: '-U I -co 't ' _ CO I S88046'39"E z::J " '__ .= : 123,54 1 S 88°46'39"E ~ ...... I-- I I 125.00 ~ ~ ~ / 8 ~ o~ V)q)" , 1/ N g /4 q § ~ ~ ~.:". ! CO Ö 0 ..... "'.c:: . .' í I a:J co~ -..... - \ I S88°46'39"E I \. I S88046'39"E ~ í~ ~ If 12 4.02 ~ : 125.00. I ~ ~ \ / 10 ~ ~ /5 I ~ ~ \ j' CO Q) ~ .~ \ \ I I'- ~ S8~046'39"E I' I ~'ð __ ~ 124.51 , -----c-- \ --- ..J ~ 2700:":::1 \ ~ 9 I 16:g ~ "--- (\J \ ~ ~ o ~ ~ It:._____----- ~ I -~--, \ \ ~ \. \ /7 It: ~.~:" zo' ~ [';... _____--\ - ""- '.' \ ;, ~ I " . --- \ <1Í 0 ..... ,":- ______~ \ :: N! C) ,. ______ \ c r- .. ",Þ , , -- ------~ . ~~ l\1 --.{ "i \( \Ii d :::.: ~ \ii~ Co ~ ~ 0 "- ~ t. CO ::::::1-< ~ ~ f V) '-.1. 00 ~5 N ~- ~ :>-~ ~ a <;;¡¡!« - 4: a- ~ <~ ---~-------- ~-~ .....¡ ~ If}- V}::r ~ J1j l 1 l ~ H . . ~. IY) ~~ u j ~ ';;:t: ! 7- ~. ¡ UJ ú -z \ -J ~ '> (Q zcx:. ---- - - ï~1 g \ .... .:t ± ~ d: ~ L. \ '\ ~ j B tuJ (v ......." -:r- \ cJ) (\.1 \,.. exs- If) 'Z ~$ W-ž Uj \0 2-;.. --~-------- -0 Z d: - <! ~ cJ:¡ l- ~ ~ 0 -I.j-~ --..{ ,~ "2~ I ~~ I ~ . > I L) I i I I 01 I _J_________~-- ~ <.. ...... .- :š COUNTY OF STEARNS Offi-C!.£ of County dltto'tn£y Administration Center, RM 448 · 705 Courthouse Square · St. Cloud, MN 56303 (612) 656-3880 Fax (612) 656-6695 ASSISTANTS ROGER S. VAN HEEL Will R. Brost County Attorney January 27, 1993 Robert J. Calhoun Richard W. Jackson, Jr. PATRICK T. STROM Theresa M. Kehe First Assistant Janelle P. Kendall Acting Chief-Civil/Human Services Division William S. MacPhail MARY A. YUNKER Richard J, May Chief-Griminal Division Dennis A. Plahn Jacqueline M. Schuh Mr. Jerry Roering Samuel Wertheimer, " INVESTIGATORS Stearns County Auditor's Office William C, Winscher - Chief Administration 'Center, RM 148 Pamela W. Weber 705 Courthouse Square LAW OFFICE SUPERVISOR St. Cloud, MN 56303 Gladys E. Breuer Re: Request for Civil Legal Opinion . Dear Mr. Roering: This letter is in response to your request for a legal opinion. I have reviewed the materials forwarded by Mr. Rieke as well as the materials from your office. There are two issues of concern. First, the documents provided by your office appear to be in order and meet the requirements of Minnesota statutes. The time for the previous landowner to redeem the parcel has run and absolute title has vested in the State of Minnesota. In addition, the County Board has properly classified Lot 11, Block 3, of Clinton Village Addition and approved this lot for sale at the Board's November, 1989, meeting. If your office determines that it is in County's best interest to support Mr. Rieke's request for the variance, someone from your office should contact a representative of the appropriate State agency to inform the State of Mr. Rieke's request. Further, your office should request a written letter or appropriate documentation with the State's approval of the County's position in supporting Mr. Rieke's request and determine the appropriate individual to sign any necessary documents. The second issue is whether it is in the best interest of Stearns County to support Mr. Rieke's request for the variance. This is a policy issue and therefore our office cannot give you a legal answer, however we can provide you with additional information to assist you in making this decision. Stearns County is responsible for maintenance and resale of this . tax-forfeited parcel and therefore the County must maintain this parcel so that it is readily marketable and the value of the parcel does not decrease; Stearns County has the obligation to sell this parcel at the best possible price. An Affirmative Action I Equal Opportunity Employer '091,2195 ., - , - . January 27, 1993 . Page 2 ~ As a general rule, any "encumbrance" decreases the value of a parcel of real property. A '1iving fence" could be considered an "encumbrance" by a future purchaser of the parcel. In addition, a '1iving fence" may be defined as an encroachment. Trees growing on a boundary line between adjoining tracts of land, even by agreement between parties, carry implications of the right to do such things as are reasonably necessary in order to properly maintain the fence and therefore continue to affect the rights of both land owners. Finally, when a parcel of real estate is altered in any form, generally the value of the real estate decreases unless the change is specifically designated as an "improvement". A "living fence" is not categorized by law as an "improvement," therefore it may well decrease the value of this parcel. To summarize, Stearns County may choose to support Mr. Rieke's request for the variance involving this tax-forfeited parcel, however it would be in the best interest of all parties for someone from your office to contact the appropriate State agency and be certain there are no objections from the State. Also, as set forth above, your office should carefully consider whether county approval of this '1iving fence" is an appropriate decision in light of . the obligation to sell the property (perhaps to someone who may not wish such a "fence") and get it back in the tax rolls. If you have further questions, please feel free to contact my office. Very truly yours, '2!f:. j/L. 4M cqueline M. 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