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HomeMy WebLinkAbout2000 [12] Dec 07 , I I Page 3817, December 7, 2000, City of St Joseph City Council Meeting 12107/00,7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, December 7, 2000 at 7:00 p.m. in the St. Joseph City Hall. I Members Present: Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, Mary Niedenfuer, Bob Loso, Clerk-Administrator Carl Lindberg and Deputy Clerk Judy Weyrens. Others Present: AI Rassier, Larry Hosch, Public Works Director Dick Taufen, Police Chief Gary Will, Fire Chief Dave Theisen, Steve Johnson, Linda Sniezek, City Attorney John Scherer, Pete and Lisa Walz, Frank Kundrat, Rick Heid, Bob Herges and Steve Dehler ! 2. Approve Agenda - Lindberg stated that there were two changes to the' agenda. Tom BOITesch requested that his variance be postponed until the next Council meeting. Also, there is an addition to the consent agenda. There is a payment application for Gopher State that the Council should have received in the mail. Loso made a motion to approve the agenda with changes, seconded by Ehlert. The motion passed unanimously. 3. Public }fearing - Loso's Pub - Lindberg read the notice for the hearing. "The CitY Council forthe CitY of St. Joseph shall hold a public hearing for Loso's Pub on Thursday, December 7'h at 7:00 PM in the St. Joseph City Hall, 21 First Avenue NW, St. Joseph, MN 56374. The purpose of the hearing is to determine if the St. Joseph Liquor ordinance was violated on three occasions: November 6th, May 31st and September 14th, 2000, and to levy the appropriate penalty if a violation is found. Written and oral testimony will be accepted from any persons who wish to present such testimony. Writlen testimony must be submitted to the City ClerklAdministrator, PO Box 668, St. Joseph, MN 56374." City Attorney John Scherer asked Lindberg to review the notice that was provided for this hearing. Lindberg stated that the Council set the hearing at the previous Council meeting on November 16th, and the meeting has been rebroadcast numerous times since then. There was an official notice put in the Newsleader on December 1st. A letter was sent to Mr. Loso on November 27th and it was sent to his attorney, Mr. Bums, after that date. Scherer stated that there is no required notification period, the statute just requires "reasonable notice." Mr. Loso's attorney, Mr. Harry Bums, sent a letter indicating that he did not feel that adequate notice was given and would not be in attendance at the meeting. Chief Will stated that he left a number of messages with Mr. Loso at his home and place of business. He never received a return call. He also spoke with Mr. Loso's attorney once, but never Mr. Loso. Mr. Bums advised his client not to call Chief Will back. I Scherer advised the Council that they could do a number of things. Thè Council could continue the hearing until the next meeting on the 21 st. They could do the entire thing tonight or they could just do the evidentiary portion of the hearing and save the sanction portion until the next meeting. This would give Mr. Loso and his attorney another opportunity to be there. Scherer stated again that there is no formal notice requirement, and that he feels that the notice in this case was reasonable if the Council wishes to proceed tonight. Niedenfuer stated that she felt that adequate notice was given for the meeting and that they should just continue. Twit agreed and said that the Council should at least hear the evidentiary portion tonight. Ehlert stated that he is a little disheartened that the bar owner isn't here. He would be in favor of delaying the hearing altogether and giving the bar owner an opportunity to be heard and hear what he is doing about the issues. Twit stated that what he is doing in the future isn't relevant to the three violations that have already happened. Twit reiterated his preference with proceeding. Loso stated that he felt that he might be biased on the situation and asked to be relieved from this discussion. Loso left the dais at this time. Scherer stated that that this would be an evidentiary hearing regarding the three alleged violations of Ordinance 71 that occurred on September 14th, November 6th and May 31". I Page 3818 December 7, 2000 I Scherer stated that the hearing would be taped and the tape would be kept for at least three months. Scherer called Officer Paul Schley forward and administered the oath. Paul Schley stated that he is an officer with the St. Joseph Police Department. He was working on the evening of September 14th, 2000. At approximately 1 :45 he witnessed an individual stumble out of Loso's bar. He walked down the street and tried the door on another establishment. It was locked so he walked back to Loso's Bar and went in. At this time, Schley pulled up in front of the door and went in. There were six people inside, four on the patron side and two behind the bar. One female had an open bottle of Rolling Rock beer and there was a male with a cup with a brown substance. The two individuals behind the bar were male. The time was 1 :45 am. The explanation that was given was that the two employees were busy and didn' have time to escort the patrons out that were still inside. One said they were waiting for the employees to get off work. The other areas of the bar were clean and free of glassware and bottles. Scherer offered report 2675 to Officer Schley to identify. Schley stated that this was his report but there was a missing page. Scherer asked if the missing page was about another matter not regarding this issue. Schley stated that the missing page was regarding another issue. Scherer stated that a copy of the report had been given to the Administrator. I Scherer call Pete Janssen forward and administered the oath. Janssen is a licensed Peace Officer with the St. Joseph Police Department. He was on duty on the evening of November 5th and the earty morning of November 6th. Around 2:00 AM, he noticed that there were two cars parked in the back lot of Loso's Pub. Janssen went back to City Hall and asked Officer Jean Gustin for assistance. They checked and found the back door of Loso's Pub locked, but the front door was open. The lights were on in the bar and the blinds were open. Janssen saw one male behind the bar and a male and female on the patron side. There were two glasses on the bar. At 2:15 AM Janssen knocked on the door and the bartender let them in. They identified all three people. The man behind the bar was an employee, as was the female, although she was not on duty at that time. The female indicated that the other male was her body guard. Janssen was told by the female that the glasses on the bar contained root beer. Scherer showed Officer Janssen report number 3291 for identification. Janssen identified it as his report. Scherer stated that a copy of the report had been given to the Administrator. Scherer called Officer Jean Gustin forward and administered the oath. Gustin is a licensed Peace Officer with the St. Joseph Police Department. She was on duty on November 6th during this incident and assisted Officer Janssen. Scherer asked if she recalled anything else or anything differently from the incident that evening. Gustin said no. She stated that the female said that the male on the other side of the bar was a friend. The man behind the bar was an employee. She also stated that she was not on duty. Scherer re-called Officer Janssen forward and reminded him that he was still under oath. Janssen stated that he was on duty on the evening of May 31st, 2000. He stated that around 1 :50 AM he and Officer Jeff Young saw a light on in Loso' Pub. The entered through the front door as fIVe people exited to the back door. There were six to eight people left inside the bar. Only one of the people left was an employee, the bartender. Janssen stated that he could not recall if there were bottles or glasses left on the bar. Scherer showed Janssen a copy of report 1436 for identification. Janssen identified it as his report. Scherer stated that a copy of the report had been given to the Administrator for the record. I Scherer stated that at this time, the Council should determine if the violations did in ·fact take place. He recommended addressing them individually addressing whether or not Ordinance 71 wJ,ls violated in that there was alcohol displayed or that there were non employees in the ;þ; r,,JI'!er the allowed time. Twit made a motion that a violation of Ordinance 71 occurred on JJ!1lty 31st in that there were non employees in the establishment after hours. Niedenfuer ~~ed the motion. The motion passed unanimously. (Loso abstaining). Niedenfuer made a motion that two violations of Ordinance 71 occurred at Loso's Pub on , September 1.(1', 2000 in that there was an open container of Rolling Rock and that there Page 3819 December 7, 2000 were non employees in the bar after the a/lowed time. Twit seconded the motion and it passed unanimously. (Loso abstaining) Twit made a motion that a violation of Ordinance 71 occurred at Loso's Pub on November f1' in that there were non employees in the establishment after the allowed time. Niedenfuer seconded the motion and it passed unanimously. (Loso abstaining) I Hiemenz made a motion to clarify that on all three occasions there wa's a violation of Ordinance 71 in that there were non-employees in the bar after holU"S. In adrf¡tfon, there was one alcohol displayed violation on September 14th, 2000. Niedenfuer seconded the motion and it passed unanimously. (Loso abstaining) Hiemenz asked the Council what they would like to do next. Niederrfuer stated again that she thinks they should proceed. However she would be willing to wait until the next meeling to give them another opportunity to be present. Scherer stated that the police officers do not need to be in attendance at the next meeting. The only relevant issue' at that time would be if Loso had any evidence to present. Scherer advised that the Council might want to speak with Loso face to face before making a decision on the sanction. Ehlert made a motion to delay the sanction portion ofthe hearing to December 21st at 8:00 PM~ Twit seconded the motion and it passed unanimously. (Loso abstaining). Twit stated that he would like to clarify nòw whether or not they are going to take the matrix into consideration when levying the sanction. Ehlert stated that they didn1 address this type of offense in the matrix. Scherer was asked whether or not the $1,000 fine had to also include the administrative costs or if those could be levied on top ofthe $1,000. Scherer stated that he believed it was included. Twit made a motion that the Council address these offenses independently of the matrix that will also be discussed at the next meeting. Niedenfuer seconded the motion and it passed unanimously. (Loso abstaining) I 4. Public Hearing - Alarm Ordinance - Lindberg read the public hearing notice for the Alarm Ordinance: "The City Council for the City of St. Joseph shall hold a public hearing on Thursday, December 7'" at 7:30 PM in the St. Joseph CitY Hall, 21 First Avenue I'NV, St. Joseph, MN 56374. The purpose of the hearing is to consider the adoplion of an alarm ordinance. Such ordinance would require a free permit; establish review boards for police and fire false alarms; allow two free false alarms per year and after that would levy administrative fines leading up to revocation of a license until the alarm is fixed. Full copies of the proposed ordinance are available at City hall, 21 First Avenue ~rN, St. Joseph, MN 56374. Written and oral testimony will be accepted from any persons who wish to present such testimony. Written testimony must be submitted to the CitY/Clerk Administrator, PO Box 668, St. Joseph, MN 56374." Chief Will addressed the Council. He stated thatthey are not trying to discourage people from having alarms, they just need a way to monitor and control them. Twit asked Theisen if he has had a chance to review the ordinance and he indicated that he has and is in support of the ordinance. Ehlert made a motion to approve the alarm ordinance, seconded by Twit. The motion passed unanimously. LoS() stated that it seems rather lengthy and suggested that it might be scaled back a little bit. VIIiII stated that it was drafted after a model ordinance from another communitY. 5. Public Hearing - Parking Ordinance - Lindberg read the public hearing notice for the Parking Ordinance: "The CitY Council for the City of St. Joseph shall hold a public hearing on Thursday, December 7'" at 7:45 PM in the St. Joseph City Hall, 21 First Avenue I'NV, St. Joseph, MN 56374. The purpose ofthe hearing is to consider an amendment to Ordinance 84.2 Subd. 3. The ordinance would Þe amended to read: "The Council by resolution may designate certain blocks within the City ¡¡~ 5 mip\jte, 30 minute, 1 hour, 2 hour, 8 hour and by permit only limited parking zones and Sh'all m¡¡rk by appropriate signs any zones so established. No person shall park any vehicle, ill ~Ì1Y limited parking zone between the hour of 8:00 am and 9:00 PM of any weekday for a periòd longer than specified on signs marking that zone." Written and oral testimony will be accepted from any persons who wish to present such testimony. Written testimony must be submitted to the CitY/Clerk Administrator, I i J>age 3822, I December 7, 2000 I member would actually have to live there. She stated that the purpose of the ordinance is to keep the neighborhood family friendly and that is what this family is doing. This has been very difficult on their entire family. Hiemenz suggested that the Council could extend the special permit for the duration of the pregnancy and let them go through the variance process. Cari Habiger's mother addressed the Council stating that her daughter is in at risk pregnancy situation and she does not want another handicapped grandchild. Cari does not know about the situation and it could cause her to go into labor if she finds out. The Council cannot kick them out the minute the baby is born. Hiemenz retorted that that isn't what he said. I Scherer suggested that the Council extend it for a period of time after the birth and let them go through the variance process. He added though, that generally a use not permitted in a zone is not the case for a variance. That does not need to be addressed tonight though. Kundrat replied that there is room in the law to look at this situation as a case for a variance and that they would merely like the opportunity to go through the process. Niedenfuer stated that she would be in favor of extending the special permit till May and have the family revisit the issue at that time. Twit made a motion to extend the pennit until May 26, 2001 (90 days past the due date, seconded by Loso. The motion passed unanimously. Twit stated that the Council will not want to be re addressing these issues in Mayand that he is only considering this because of the special medical situation involved here. Loso added that the family should get their thoughts together on this and come to some sort of a resolution. 12. Pete and Lisa Walz - Variance request - Lisa Walz addressed the Council. They are requesting a variance to exceed the maximum square footage lot coverage requirement. They are requesting a 54 square foot variance. They are also requesting an additional access onto their property from Minnesota Street. The current access is on First Avenue which they would keep. Steams County denied their request, but the City could override their request. The Planning Commission recommended denial because they couldn't prove hardship. Secondly, the Planning Commission recommended denial ofthe second access because of safety and aesthetic concerns and the fact that they have a fully functional access on 1 $I Avenue. Twit stated that he agrees with the Planning Commission on only having one access. Walz added that there are currently five addresses on the street already that have two accesses. Hiemenz responded that this is why the ordinance is now in place. Twit made a motion to accept the recommendations of the Planning Commission and deny the variance requests. Niedenfuer seconded the motion and it passed 4:1. (Ehlert voting no). Ehlert stated that the Planning Commission was not unanimous on this decision either. 13. Pondview Ridge Final Plat - Bob Herges addressed the Council. He stated that the Planning Commission met and made a motion to approve the final plat that included the three lots at Minnesota Street and 12'h with all the lots facing 12th. They also included~ condition that the three lots have their driveways adjacent to the south property line, thus providing as much room as possible before approaching the intersection of Minnesota and 12th street. Loso stated that his preference is still option B with two of the lots facing 12th and one facing Minnesota Street. Herges stated that his preference is A because they can avoid the easement issue with the CitY services. Loso suggested that the comer lot have their driveway face Minnesota street but that it be placed as far west as possible on the lot. Twit added that they just disallowed an entrance onto Minnesota street and now they are talking about granting one. Loso clarified stating that there is already a driveway onto Minnesota Street. They would merely be moving it. I , Herges also informed the Council that they are still getting their Steams County Wetland permits. They are breaking the area down into two phases and the wetlands will be addressed in the second phase. Twit expressed some concern that we are creating two more dead ends in the sewer system with the layout of the system on the plat. Herges said they would use hydrants stubbed out at the end just like in every development. Ehlert made a motion to approve the final plat with all three lots facing 1:1" with the comer lot driveway Page 3823 December 7, 2000 facing Minnesota street as far west as possible, seconded by Loso. The motion passed unanimously. I 14. GLT Change Orders - Lindberg reported that there are two issues that have been brought forth from GLT. First, they provided the City with a quote to varnish the existing wood and door frames to match the newer wood in the building. This would cost $636. Lindberg stated that this is an item that does not need to be done now and could be done at a later date if there is a visible difference in the wood. The second item is something the Council should approve. The drop box in the drive through ended up being one enormous piece. They were unable to leave the metal plates overthe hole in the wall. The hole needs to be patched and can be done with the salvaged granite veneer for $327. Twitmade a moüon to approve the change order patching the hole, seconded by Niedenfuer. The motion passed unanimously. 15. Approve Minutes- Niedenfuer made a motion to approve the minutes of November 16, 2000, seconded by Loso. The motion passed unanimously. Loso ma'de a moüon to approve the minutes of November 20, seconded by Niedenfuer. The motion passed unanimously (Ehlert abstaining). Loso made a moüon to approve the minutes of November 27, seconded by Niedenfuer. Hiemenz asked that the word "personnel" be added before the word "management" on the second page. Loso amended his motion to include the change. Niedenfuer seconded the moüon and it passed unanimously. 16. Miscellaneous and Announcement Items - Letter from Ann Scherer - Undberg stated that the City received a request from Ann Scherer that they be given spare in the old CitY hall facility for the communitY food shelf. The Council agreed that this sounded like a great use for the facility and would like to hear more. They asked that a1'epresentative from the food shelf come to a Council meeting to give them more details. 17. Reports - Mayor Hiemenz reported that the Council received a list of 2000 Sales Ratios in their packet. The copy they received did not have the amended number for rentals. The number 19.69% should be changed to 13-14% for the CitY ofSt. Joseph. Hiemenz reported that they held the last St. Cloud Area Planning Meeting today. There are a few items left to be addressed, one of which is the signing ofthe joint powers agreement before January 1st. Hiemenz also stated that he needs to make an appointment to the Affordable Housing task force. Hiemenz also attended a transportation alliance meeting on the area circumfral roads and a 20-30-50 year plan. Niederrfuer had no report. Loso had no report. Ehlert stated that he had received a number of calls regarding the Linda SniezekIRose Viehauser issue. Individuals that were taking the survey around apparently cast the Council in a very negative light. They also stated that the Council showed no sensitivitY when it was discussed at the last meeting. I Twit stated that he would like to discuss the letter that was in the pacl~et regarding the Council raise. Twit stated that Scherer is sayiITJ that the Attorney Gel1eral's office addressed this issue and it appears it was done incorrectly. Ehlert stated that the word "may" suggests that this is only one of many possible ways that a City Council could vote for a raise. Niedenfuer stated that her only objection was the timing of the issue. She felt that it should have been raised early on in the budget process and not done at the last minute. Ehlert stated that he was never for getting the complete raise and was planning on waiving a portion of it anyway. Hiemenz stated that Scherer's letter suggests that the Council may be subjecting itself to legal action if they allow the vote to stand. Ehlert stated that raise is hardly enough for the time and dedication that the Council and the other boards and commissions give to the City. There was only one letter about it in the paper. There are a lot of other people out there supporting it. He argued that no-one is going to chailenge this decision by the Council besides Steve Dehler. Once he becomes preoccupied by the issues in St. Cloud, he will quit worrying about what the City is doing. Loso made a motion to rescind the pay raise of October 19'h, 2000 seconded by Twit. Twit added that he knows that these positions take a lot of tñne and dedication but the City attorney is questioning the process. Therefore, he can't support it. Hiemenz called the question and the moüon passed 3:2 (Hiemenz, Twit and Niedenfuer- yes, Loso, Ehlert-No). I Page 3820 December 7, 2000 I PO Box 668, St. Joseph, MN 56374." Loso asked the Chief what the intent of the ordinance is. Will explained that the previous ordinance would not allow the City to issue a permit if they wanted to. Wrth the ordinance change, the City could develop a permit system. Scherer stated that the details of the permit system should be listed in the ordinance itself. Will stated that the simple word change was asked for by the Council so that if they didn't want to do the permit system they didn't have to. Twit made a motion to table this to a future meeting when the details of the permit system can be included in the ordinance. Ehlert seconded the motion and it passed unanimously. 6. Consent Agenda - a. Application for Payment - JR Ferche - $4,728 b. Application for Payment #3 -Gopher State - $56,583.90 Loso made a motion to approve the consent agenda, seconded by Niedenfuer. The motion passed unanimously. I 7. Steve Johnson - Fire Relief Association Report - Steve Johnson of the St. Joseph Fire Relief Association gave his year end report. He stated that the first and second pages list the current and retired fire fighters with the department. Johnson detailed the report for the Council, including the determination of projected net assets, projected surplusldeficit and maximum benefrt allowed. Johnson also explained the determination of municipal contribution. The required municipal contribution is $936. However, Johnson stated that the municipality has traditionally budgeted $3,000 and that is what the Relief Association would like to see again. The municipality agreed to pay $3,000 last year as well. Ehlert made a motion to accept the Fire Relief Association report, seconded by Loso. The motion passed unanimously. Loso made a motion to approve the $3,000 contribution by the municipality, seconded by Ehlert. The motion passed unanimously. 8. Dave Theisen - St. Joseph Volunteer Fire Department Report - Theisen gave the Council a copy of the Fire Department report detailing the activity from June 1, 2000 until November 30,2000. Theisen reported that the total expenditures for the period were $16,542.50, of which $10,555 of it went to emergency calls. Theisen reported 125 total calls, of which 61 were for the City, 47 forSt. Joseph Township, 14 St. Wendel Township and 3 mutual aid calls. In addition, of the 125 calls, 92 were medical, 29 were fire, 3 mutual aid and one weather call. There were 290 total calls from December 1, 1999 to November 30, 2000, of which 214 were medical, 72 were fire, 2 weather warnings and 1 Y2K standby. Theisen explained that the remaining pages of the reports give the gals in order by date of occurrence. The last page lists the mutual aid calls. The Department expended $4,015 more in 2000 than in 1999, with calls increasing by 18%. This has been the trend in the past few years. Medical calls are very high. Niedenfuer asked if any ofthese calls were false alarms. Theisen said yes, and explained that they would say "fire (alarm)" on the report to denote it was a response to an alarm. Loso made a motion to accept the Fire Department report from June 1, 2000 through November 3d", 2000 and to approve the $16,542.50 in expenditures. Twit seconded the motion and it passed unanimously. Hiemenz stated that he would just like to take this opportunity to thank the Fire Department for doing such an excellent job in putting up the Christmas decorations this year. He also added that a letter was sent to the Department thanking them as well. Theisen stated that he had received the letter and would share it with the Department. I 9. Bills Payable and OTlCallouts- Loso made a motion to approve bills 29123 through 29148, seconded by Niedenfuer. The motion passed unanimously. Loso made a motion to approve the overtime and callouts, seconded by Ehlert. The motion passed unanimously. 10. Department Head Reports - Taufen reported that the City had coliform bacteria detected in one of its lines. Every citizen was hand delivered the a notice about the problem and informed that the City would be chlorinating the water. So far, there have been no complaints about the chlorination. Once the water is tested again and the bacteria is not detected we will notify the residents by cable and by the newspaper. At one time the City chlorinated the Page 3821 December 7, 2000 water but 2.5 years ago, the City Council decided to remove it. Taufell added that the State may now require us to put it back on. I Weyrens presented the treasurer's report to the CitY Council. She stated that the Council should add all ofthe 300 and 400 funds to get a true picture of the situation. Weyrens added that fund 501 the Trunk utility extension is not a designated account. Weyrens also stated that the. Council would have to decide where to designate the funds from the Baker street Improvements, but that this could wait until the next meeting. Loso askedWeyrens to put a few scenarios together that they could address at the next meeting. Ehlert made a motion to accept the treasurer's report, seconded by Loso. The motion passed unanimously. Weyrens reminded the Council that the Truth in Taxation meeting is Monday, December 11th at 7:00 PM. Chief Will addressed the Council. He distributed the November police report for their review. He also gave the Council a copy of the matrix that the alcohol compliance committee came up with and asked that it be addressed at the next meeting. Will also reported to the Council that he received a bid from Granite City electronics to install the antennas and radios at the new City hall. The bid is $2,167.66. The Council expressed some concern over the cost of this bid and asked Will to get another quote or at least an explanation of this one. They asked that Will bring what information he had to the meeting on Monday night. Will agreed. 11. Linda Sniezek Rental Issue- Attorney Frank Kundrat addressed the Council. He stated that he is the attorney for Ms. Sniezek. As the Council knows, Mrs. Viehauser is i~Ariington Place. The family is in a difficult place regarding the selling of the house. Sniezek came before the Council in the spring and received her special permit to rent the house. Everyone agreed at that time that it was better to have someone in the house rather than it remain empty. The family that Sniezek is renting it to is well liked by the neighborhood. Kundrat passed out a petition signed byihe neighborhood. The petition states at the top that "We, the undersigned, feel that the family who is currently renting Rose Viehauser's house, at 212 East Ash Street, of St. Joseph should be able to continue to do so." Kundrat also explained that the woman living in the house, Cari Habiger, is in an at risk pregnancy situation. Kundrat passed out a letter from Dr. Gary Baker stating ·Cari Habiger is a high risk pregnancy patient of mine, presently at 28 weeks gestation. Because of problems related to pregnancy, she is required to be at home on bed rest. Any deviation from this may increase her chances of pre term birth." Kundrat stated that what they are seeking is an extension ofthe special permit, during which time, Sniezek will be applying for a variance. Kundrat added that he understands the intent and integrity of the ordinance but feels that this is a special circumstance that warrants special consideration. Ehlert asked Scherer if there are any special dead of winter laws that would prevent the Council from taking action on this. Scherer stated that they would not apply. However, he would advise ~he Council to grant a temporary extension to a time period after the child is born. Kundrat stated that they are not looking to drag this out. They would also like to have some closure on this issue. Scherer stated that it's clear that the property could be sold. However, there are reasons that the family does not want to sell. I Loso stated that his main issue with this situation is that he feels it was misrepresented to the Council from the beginning. Kundrat said he understands and it certainly wasn't Sniezek's intention to mislead the Council. She felt like her hands were tied. It was merely a matter of misunderstanding. Twit stated that he doesn't feel that there was ever any sort of misunderstanding. If Sniezek had been up front in the beginning, they would not be addressing this now as the special permit would not have been granted in the first place. Sniezek agreed to come back in six months and report on the situation. She also agreed to abide by any of the zoning changes that were made. I Sniezek addressed the Council. She stated that she never meant to mislead the Council. Her previous attorney, John Reep, told them that they could not sell thle house. When an attorney tells you that you can't do something, she took him at that word. Sniezek also added that she never imagined that the change to the ordinance would be that she or a family Page ~ December 7;..28110- I Lindberg stated that as Taufen wasnl able to make n to the meeting and in light of the late hour, they could table the Minnesota Street and Industrial Park services issue tiJI a future meeting. 18. Adjourn - Ehlert made a motion to adjourn at 10:20, seconded by Loso. The ~ passed unanimously. Res~ctfully Submitted, ca~ih ClerklAdministrator City of St Joseph I I