HomeMy WebLinkAbout1999 [06] Jun 15
Page 3549
June 15, 1999
Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in
regular session on Tuesday, June 15, 1999 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Mayor Kenneth H. Hiemenz. Councilors Ken Twit, Bob Loso, Mary
Niedenfuer, Cory Ehlert. Deputy Clerk Judy Weyrens.
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City Representatives Present: City Engineer Joe Bettendorf; Public Works Director Dick
Taufen; Fire Chief Dave Theisen.
Others Present: Bruce Osendorf, Rose Osendorf, Vicki Osendorf, Cindy Goebel, Joe
Miller, Julie Watkins, Edmund Schneider, Jim Hardwick, Franz Kitzberger, Thor Larson,
Ron Rose, Clalien Rose, Lonnie Abbott, Bridget Sorensen, AI Gwost, Gary Scleicher,
Stacey Jacobson, Renee Lepinski, Dick Stock, Joyce Stock, Doris Johnson, Laura
Kirchiner, Joanne Schnieder, Ted Schmid, S. Mirian Ardolf, Mary Geller, Dan Streit,
Mary Streit, Gene Jansen, Connie Bonacci, Noah Van Beck, Michelle Nordine, Bruce
Nordine.
Approve Aaenda: Twit made a motion to approve the agenda as presented; seconded
by Loso.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Consent Aaenda: Niedenfuer made a motion to approve the consent agenda as follows,
seconded by Twit:
a. Sewer Rod Workshop, July 13, 1999. To be held at the Best Western,
registration fee of $ 95.00. Attendee: Jim Marthaler, Wastewater
Operator.
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Ayes: Hiemenz, Twit, Lose, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Approve Minutes: Twit made a motion to approve the minutes of May 27 and June 3,
1999 with the following corrections:
June 3, 1999 - Page 3, third last paragraph, Sustaineb/e Committee, not
Sustainable Community.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Public Comments to the Agenda
STEVE FRANK, 606 Birch Street West - Frank stated that he has listened to the
concerns expressed at the last Council meeting of the City regarding student festivities
on graduation weekend. It is his understanding the Council had discussed the feasibility
of the Colleges moving graduation to Friday evening so the students do not have a full
day between final exams and graduation. Frank stated that St. Cloud State University
moved graduation from Friday evening to Saturday mornings so that parents and
families could attend graduation. Frank urged the Council to research what other
College communities do to prevent occurrences such as the one that took place on
graduation weekend
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June 15, 1999
At the last Council meeting the Metropolitan Transit Commission (MTC) appeared before
the Council to discuss future mass transit for St. Joseph. Frank stated it was his .
understanding that the last time the MTC appeared before the Council the cost of
participating was prohibitive. If a survey is to be completed to determine if MTC service
should be provided, Frank cautioned the Council to assure the survey is representative
of the residents am:! request a breakdown as to they type of support received.
Frank also commented on the Central MN Events Center. He stated that the City of St.
Cloud is already questioning the voting representation of each participating City.
Representation is questioned because St. Cloud will be responsible for the majority of
the financing burden of the facility. Frank encouraged the Council to review the
documents carefully as St. Joseph has much to gain if the proposed center becomes a
reality.
Fire Chief Reports: Fire Chief Dave Theisen presented the semi annual Fire Report.
During the past six months the fire department responded to a total of 113 fire and
medical calls, of which 88 were medical calls. The following is a breakdown of
emergency responses by jurisdiction:
City of St. Joseph 56
St. Joseph Township 47
St. Wendel Township 10
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Theisen stated that the fire calls ,are down by three calls compared to one year ago.
Ehlert questioned the varying amount charged for each fire call. Theisell stated that the
cost associated with each emergency response is based on the number of fire
firefighters that respond and the total response time. Loso made a motion to approve
the semi annual fire report and authorize payment in the amount of $ "15,787.50. The
motion was seconded by Ehlert.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Bills Payable: Loso made a motion to approve the bills payable, check numbers 26980
- 27010; seconded by Ehlert.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
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Landscapina - US West Wireless: Niedenfuer stated it is her opinion that the area
where the wireless equipment is installed would look better if shrubbery were planted as
originally agreed. Hiemenz stated the Maintenance Department has requested that
shrubbery not be planted. The Maintenance Staff indicated thatthe planting of
shrubbery would create time consuming hand trimming. Loso stated that he is in favor
of placing pea rock around the equipment and planting the shrubbery'in one of the
parks. Hiemenz also stated that the drawing indicated a cement base would be
constructed and that has not happened as of this meeting. Loso made a motion to table
this matter until the contract between the City and US Wireless is reviewed so that a
determination can be made as to what US Wireless is obligated to complete. The
motion was seconded by Ehlert.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Mayor Reports
Page 3551
June 15, 1999
Hiemenz reported that he attended the following meetings:
1. West Metro Meeting concerning Pine Cone Road
2. APO adopted an MNDOT agreed upon a memorandum of understanding
Continuation - Public Improvement Hearina. proposed 6th Avenue NE (Northland Drive):
City Engineer Joe Bettendorf presented revised plans for the proposed improvement of
>tIß "·Averru~'FJE. ~9'he;révised'ptan·éxte'hds'FIi''Streeteáster¡Y-tß''6it ·Jtrenu~ 'FJ E-atrtttile
redesign will require the City to purchase additional right of way from tile Brandenburger
Estate and from Rothforks. In addition to the added cost of right of way, Fir Street will
have a 12% grade which is a very steep grade. Bettendorf also p~esented the cost
breakdown of the revised plan.
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At this time Mayor Hiemenz opened the floor to those present
Connie Bonacci of 601- 4th Avenue NE stated objection to the proposed improvement
and questioned why the City is contemplating extending Fir Street.
Bettendorf responded that the proposed redesign is a result of the public hearing
conducted on May 27,1999.
Lonnie Abbott of 409 Gumtree Street East, questioned the need to install utilities at this
time. If utilities are not extended it would be a cost savings of approximately $ 100,000.
Abbott also stated that Northland needs a second eastlwest access and Gumtree should
not be extended without such.
Jo Ann Schneider of 408 Gumtree Street spòke in support of the proposed redesign and
stated that the number of people at this public hearing should serve as testimony that
the project is supported and needed.
Julie Watkins of 30844 - 1st Avenue NE spoke in support of the proposed improvement.
Watkins stated that Northland Drive is long overdue and encouraged the Council to
move forward.
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Al Gwost of 407 Gumtree Street East spoke in objection to tile improvement of
Northland Drive without a secondary access from Fir Street Gwost stated tilat the
neighborhood has many children and in his opinion the proposed road will be a safety
hazard.
Vicki Osendorf of 520 _1st Avenue NE spoke in support of the project. She stated over
the past three years the residents along 1st Avenue NE have had to put up with all the
traffic for the Northland Addition. Numerous times tiley approached tile City Council to
construct a second ingress/egress to Northland without any action. Osendorf
encouraged the Council to move forward with the original improvement plans submitted
on May 27, 1999.
Gary Sc;hliecher of 503 Gumtree Street East requested tile Council explore other
options. Schleicher stated that when he purchased his home he was told that Gumtree
Street would be a dead end street. He stated that he is disappointed tilat tile Council is
considering the improvement of Northland Drive without secondary ingress/egress from
Fir Street.
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June 15, 1999
'Bn1œ'Dse.tcIoff6F5Z4 _"f"AA ve¡¡ùfl'/Œ'"spòkëirrsappott'6t'tl1e"PrOjeêt. 'Cfvef'the' past
three years he has had to deal with all the traffic from the Northland Additio'n and he is
excited that the City has the opportunity to extend Northland Drive to help move traffic.
While the traffic may seem excessive, Gumtree Street will be built wider and include a
bike! pedestrian pathway. It is his opinion that not all traffic will use Gumtree and
Northland Drive. Some residents will still use the 1st Avenue NE as an ingress/egress
because of the traffic light at CSAH 75 and College Avenue North.
Osendorf also expressed concern that if the revised plan is adopted, vehicular traffic
may Northand Drive to Fir Street as a shortcut to County Road 2, creating additional
traffIC along 1st Avenue NE. ,
Mary Streit of 30() Fir Street East spoke in objection to the proposed redesign of Fir
Street Streit stated that the proposed slope of the street will make visibility difficult and
could become a safety hazard, particularly to children biking.
Cindy Goebel of30902 - 1st Avenue NE stated that if residents are concerned with traffic
safety, additional stop signs should be installed along Fir StreetEast. ; ,
Dan Goebel of 30902 - 1st Avenue NE requested that the Council move forward with the
project as originally planned. In his opinion the project is long overdue.
Bruce Nordine of 304 Fir Street East spoke in objection to the revised street
improvement, extending Fir Street to Northland Drive. She stated the slope of the road
will create a safety hazard. ,
MicheHe Nordine of 304 Fir Street East questioned if a secondary eastlwest road could
be constructed from proposed Northland Drive to County Road 133. This secondary
road would move traffic out development without first having to drive through the entire
addition. '
Bettendorf responded that he has reviewed that option. However, there is a
large wetiand that would make the connection difficult.
Tim Groff of 700 - ~ Avenue NE stated he supports the construction óf Northland Drive
and the extension of Fir Street from 1st Avenue NE to Northland Drive. '
Lori Gwost of 407- 1st Avenue NE requested that stop signs be placed along Fir Street
when the improvement is completed,
Roxanne Habiger of 600 - ~ Avenue NE spoke in objection to the extension of Fir
Street due to safety concerns.
Al Gwost of 407 Gumtree Street East again stated that if Northland Drive is constructed,
Fir Street should be extended as a straight street from 1st Avenue NE tò Northland Drive,
In his opinion the extension of Fir Street would help disperse traffic. i
Gene Janssen of 405 Gumtree Street East spoke in support of the revised street
improvement.
Jami Cobbs of 602 - 4th Avenue NE spoke in support of the original design of Northland
Drive as presented on May 27, 1999.
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June 15, 1999
Noah VanBeck of 600 - 4th Ave NE questioned if Fir Street is extended, how close will
the proposed road be to the existing house on the SE comer of the intersection of Fir I
Street and 4th Avenue NE. '
Bettendorf responded that currently the house is 10 feet from the property line
and the proposed road would be an additional 1 0 feet from the property line for a
total of 20 feet.
Joe Millerof30928-1st Avenue NE stated he would be supportive of Gumtree Street
East eventually connecting to County Road 133.
Connie Bonacci of 601 - 4th Avenue NE requested the Council install stop signs at the
intersection of 4th Avenue NE and Fir Street.
Those present also questioned whether the tracks can be removeid at 1" Avenue NE.
Hiemenz and Bettendorf stated that all though the tracks are not used, BN Sante Fe will
not release additional crossings. Once the tracks are abandoned, the rights are
transferred from BN Sante Fe to MNDot. Additional crossings IT1<3IY be to negotiated
although they are difficult to secure.
Ehlert stated that he supports the revised plan and feels the development is better
served with the extension of Fir Street to Northland Drive. In his opinion the proposed
street design will disperse traffic evenly. Twit concurred with Ehl,ert.
Niedenfuer stated she agrees with the original street plan presented on May 27,1999.
The original plan designed Guntree Street to be a collector street Further, it is her
understanding that the proposed streets were part of the preliminary plat presented and
approved in 1991. Niedenfuer expressed concern for safety if RIr is extended. The
safety concern being the grade of the road and the potential for limited visibility of bike &
pedestrian traffic. In addition, Niedenfuer did not feel it would be right to change the
location of the road and to construct one 20 feet from an existing house.
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Loso stated that he feels that the City should construct Northland Drive at this time. He
does not feel that the City will be able to negotiate right of way from the property owner
south of 4th Avenue SE if Fir Street is extended.
Bettendorf stated that from an engineering view he recommends the Council approve
the original street design as presented on May 27, 1999. While the proposed redesign
looks good on paper, from an engineering standpoint it does not. The physical contour
of the terrain will make the road difficult to construct and maintain,. Bettendorf stated that
the road can be constructed but it is his opinion that the City will not be happy with the
results.
Niedenfuer made a motion accepting the following resolution; seconded by Twit
Resolution Ordering Improvement and Preparatio'n of Plans
WHEREAS, a resolution of the City Council adopted on the 1 SU' day of April,
1999, fixed a date for a council hearing on the proposed improvement of 6th Avenue
(Northland Drive) from CSAH 75 north to Gumtree Street by the following: Rural road
section with bituminous surfacing from CSAH 75 north to the beginning of the Northland
Addition with a road width of 36 feet; and bituminous surfacing, curb and gutter, water
and sewer from the beginning of the Northland Addition north to Gumtree Street; and the
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June 15, 1999'
construction of a new section of 5tf1 Avenue NE and Fir Street to include bituminous
surfacing, curb and gutter, water and sewer.
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AND WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 2?'h day of May 1999 and
continued on June 15, 1999, at which all persons desiring to be heard were given an
opportunity to heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ST. JOSEPH MINNESOTA:
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1. Such improvement is hereby ordered as proposed in the Council
resolution adopted the 15tf1 day of June 1999.
2. Joe Bettendorf of SEH.RCM is hereby designed as the engineer for this
improvement. The engineer shall prepare plans and specifICations for the
making of such improvement
Discussion:. It was the opinion of the Council that the altemative design plan
submitted by the Engineer was the preferred design. However, physical
constraints such as steep road grade, restrict the City from designing the road as
such. The Council agreed to refer to the Planning Commission the feasibility of
preserving a corridor in the Brandenburger and Rothfotk properties for a future
street connecting from 4111 Avenue SE to (f> Avenue NE (Northland Drive).
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Ted Schmid of Avon Lumber One stated that as a developer he could not have marketed
lots if the development included a street with a grade of 12%. Further, he stated that he
has talked to the Rothfork family and at this time they are not will to sell the property
south of 4tf1 Avenue NE lying adjacent to the Northland Addition. ,
Graduation Weekend Festivities: Hiemenz stated the he met with the Police Chief and
City Attorney regarding the festivities that took place on College Avenue the evening of
May 21, 1999. As a result of that meeting, Hiemenz is requesting the Council pursue
the following:
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1.
The City and its representing legal firm of Rajkowski Hansmeier Ltd. Will
be fully prosecuting any and all student misconduct offenses. Serious
offenses will be referred to the County Attomey for felony prosecution. i
ParentslGuardians (home address} will receive notice of any
citation/arrest issued to all students.
The City requests the Colleges of St. Benedict and St. John's University
to implement a two (2) strike or three (3) strike "you are out" rule. A
student with multiple convictions for misconduct offenses would be
removed from the college.
Students arrested for engaging in a Civil disturbance during the last week
of school be prohibited from participating in commencement exercises.
The colleges discontinue the disorientation party and replace the event
with a parent-student dinner.
The Saturday afternoon graduation be moved to 8:00 or 9:00 a,m.
Saturday morning following the parent-student dinner.
2.
3.
4.
5.
6.
A survey completed by area cities in April 1999, indiicates that the City of
St. Joseph is short two (2) full time officers, one part-time officer and one
clerical staff for a City of our size and exposure. T~~ City recognizes
receiving financial support for fire protection from St Benedict's, and in
the past both colleges contributed $ 2,300 each for three (3) years for one
police officer in the Fast Cops Program. We also recognize there is no
other financial assistance to the City proper or the taxpayer to pay the
cost of law enforcement necessitated by the student population. We
propose the two colleges split the City's cost of hiring and retaining one
additional full time officer. [To hire a police officerlllOuld be roughly
equivalent to the tuition of one student at each college.]
The next year [2000], both colleges pay the cost of extra enforcement
officers to assist the City in curbing any illegal activities that may take
place the evening prior to graduation.
The Mayor, City Attorney and Chief of Police meet with Officials from both
Colleges and address these issues and report back to the City Council
with other proposed solutions.
Loso had the following comments: doeS not feel the City should use the term "student",
as everyone is responsible for their actions; questioned whether or not it is legal to send
notices to the parents or guardians; questioned the inclusion of additional police staff as
he feels that it is a separate issue.
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June 15, 1999
7.
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8.
9.
Niedenfuer had the following comments: encouraged the Council to research what other
coHegesluniversities do to prevent party activities during the last week of school; I
requested the bar owners become part of the discussion in loòking for alternatives,
including a no drink special effort.
Ehlert had the following comments: agrees with Councilor Loso that the term "student"
should not be used; item # 3 has some merit and should be researched further; does not
agree with preventing students from participating in commenceme~nt activities if they
participate in a civil disturbance the last week of school; is of the opinion that the only
alternative to the disorientation party is to discontinue it; does not agree to moving
commencement ceremonies; additional police staff is a separate issue; agrees the
colleges should pay for the cost of extra enforcement the week of graduation;
encourages communication between the City Council and College! representatives.
Twit had the following comments: it is his opinion that only the first suggestiòn is
enforceable as the remaining eight (8) items require action on the part of the
CollegelUniversity; questions whether sending notification to the parent/guardian is
legal; agrees additional police staff is a separate issue.
Hiemenz clarified that he along with the City Attorney and Police Chief compiled the
above suggestions for the purpose of discussion only. The events that took place on
May 21, 1999 were planned and the police were aware that an event was to take place
about 1 :30 a.m. With that in mind the Police prepared a list of preventive measures.
The primary objective of the department was not to have any participants or police
officers injured, disburse the crowd in a quick and efficient manner and to not have any
charges of excessive force.
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Ehlert made a motion to seek input from community members sitting in the crowd;
seconded by Niedenfuer.
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Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Doris Johnson of 35 _1st Avenue NE requested the Council take action to stop party
related activities and acts of vandalism. Johnson stated that she lives in close proximity
to the La Playette and as she could not sleep due to the noise, she walked to the La
Pfayette. Johnson stated she was appalled at the behavior of the students and as a'
taxpayer she is tired of paying for the resulting damage. She stated at one point the
flames from the sofa fire were as high as the two story building on the NW corner of
Minnesota Street and College Avenue. Johnson requested the following: 1) the
Colleges should pay for one Police Officer; 2) if the College purchases a single family
home they should continue to pay property taxes; 3) the City Council should pass an
ordinance prohibiting drink specials, similar to the Ordinance passed by the Citý of St.
Cloud; 4) the City should pass a Keg Ordinance similar to the one passed by the Citý of
St. Cloud; 5) the total cost of the event on May 21 should be tracked and reimbursed by
the College of St. Benedict and St. John's University.
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June 15, 1999
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Dick Taufen of 32 - 2"" Avenue ~ agreed with Doris Johnson and requested the
Council take action to put an end activities such as that which happened on May 21, .
1999. Taufen stated he is tired of the personal property damage and something needs
to change before someone gets hurt.
Jim Hardwick of 21 - 1st Avenue SE and Dean of Students, SJU, stated that the City and
College have been working together over the past years to minimize end of year
activities. However, he offered the following: 1) The Citý needs to actively enforce
and fine students during the entire school year for unacceptable behavior and not wait
until graduation weekend. The Citý should look at increasing sanctions and make the
penalties tougher; 2) Senior Disorientation has been changed at the request of the Citý.
This year the majoritý of the senior class was in attendance and the major prize drawing
was held off until 1:30 a.m. However, the Del Win could not compete with the downtown
liquor establishments as they could drink cheaper downtown than at the Del Win; 3)
The College is willing to look at restricting participation in graduation activities; 4) The
City should consider blocking off College Avenue the evening before graduation.
Hardwick stated it is his opinion that the students when they leave the bars are looking
for a place to say goodbye to their friends. Blocking off the street would allow them the
opportunity to do so; 5) The Police Department should consider allowing the Colleges to
use parts of the video from May 21 for orientation.
Niedenfuer suggested the Colleges use students that have received Citations to speak at
orientation each fall. Further, Niedenfuer stated that the College should find ways to get
the students involved in the Community. If students feel they are part of the
Community they may not be as willing to be destructive. ì
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Franz Kitzberger of 11 Minnesota Street East spoke in Objection to the manner in which
the activities of May 21, 1999 were handled. He stated the following concerns: 1) He
has had an opportunity to review the Police Policy Handbook and in his opinion the
spirit, intent and some enforcement policies of the Police Policy Handbook were violated;
2) The Police Chief should be present during activities such' as the one that took place
on May 21, 1999. It is his understanding that during the past 3 years Chief Lindgren has
not been on duty when the bars closed the Friday before graduation. 3) If there is a fire,
the Fire Department should be called. In 1996 the Fire Department was called even
though there was no fire. This year however, there was a fire and the department was
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June 15, 1999
not called. 4) Kitzberger stated the City Council should be made aware of a serious
incident before the department issues a press release.
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Mary Geller, CSB Dean of Students stated that in the past the College and City have
worked together on student issues. However, she is disappointed that the Mayor has
prepared a draft of possible solutions to a College - City problem without notifying the
College. The College is interested in being a partner with the City and this cannot
happen without communication.
Hiemenz stated that the draft presented to the Council at fhis meeting was for the
purposes of discussion only. The Council must be part of any recommendations and
the draft presented was to secure comments from the Council to Ipresent to College
Officials.
Steve Frank of 606 Birch Street West encouraged the Council to ,contact other Coneges
and request information as to party problems and remedies. Frank also encouraged the
Council to meet with the Presidents of the CollegelUnÍV'ersity directly.
Lori Pfannenstein of 221 Ash Street agreed with Doris Johnson and encouraged the
Council to have stiffer laws and penalties. She also stated that if the problem is alcohol
related then deal with that problem. For example, the City could look at prohibiting drink
specials and take measures to assure that minors are not being s.ervedin the local
establishments.
Hiemenz stated that the City does not have control on the penalties issued by the
Court system.
Art Reber of 110 College Avenue North requested the Council take action to stop I
activities associated with graduation weekend. Reber stated it is his opinion the
students are out of control and the Council needs to take action to stop the behavior. If
the problem is alcohol related the City should look at dosing the bars the Friday before
graduation. Reber stated that he too had the opportunity to watch the activities and was
appalled at not only their behavior but language as well.
Peggy Loso of 24 College Avenue North requested the Council t¡;lke action to stop the
activities associated with graduation weekend. She stated that the noise levels are
unbearable and she is tired of her property being vandalized.
Mayor Hiemenz thanked those present for their comments and suggestions and stated
the Council will continue to review the situation and meet with the, Colleges to explore
possible remedies.
Architectural Services: Weyrens reported that the requests for Architectural Services
have been forwarded to 12 firms with a submission deadiine of June 23, 1999. The
Council agreed that the Council as a whole along with the Building Official will interview
the architects. Twit made a motion to schedule a special meeting for July 7, 1999 at
3:00 p.m. to interview architects for the proposed remodeling of the First State Bank
building for future City Office facilities and the City Hall for the future Police Station. The
motion was seconded by Loso.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
Due to the late hour the Council agreed to table the following items to July 1, 1999:
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a Rezoning - Highway 75 Corridor
a Central MN Events Center
a Council Reports
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June 15, 1999
Adioum: Loso made a motion to adjourn at 10:50 p.m.; seconded by Niedenfuer.
Ayes: Hiemenz, Twit, Loso, Niedenfuer, Loso
Nays: None Motion Carried 5:0:0
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~dyd1y~
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, JUdyVVeyrens
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1 Deputy Clerk