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Home My WebLink About[06] Noise Violation • CITY OF St JOSIII'lt Council Agenda Item 6 MEETING DATE: October 1, 2018 AGENDA ITEM: Noise Violation SUBMITTED BY: Administration/Police BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The rental ordinance requires that all noise violations are reviewed by the City Council and the property owner is given an opportunity to request an evidentiary hearing if the alleged violation is disputed. The property at 31 2"d Ave NW does not have any noise violations before them other than two warnings that have been issued by the Police Department. BACKGROUND INFORMATION: The property at 31 2"d Avenue NW has two current noise warnings within the last 6 months. The first occurred on March 24,2018 and the second on August 24, 2018. It is acknowledged that the two violations were different tenants;however,the landlord is responsible for the management of property. On September 8,2018 the police department responded to a complaint of loud music at 31 2"d Ave NW. One of the police officers was located on 4th Ave NW(across the ballpark from the rental unit)and could clearly hear the music. The Police Officers did receive cooperation from the tenants and the noise was resolved and the tenants present received citations. The letter included with this information was forwarded to the property owner,Ryan Gaebel,who responded immediately. She is not requesting an evidentiary hearing as she has no reason to doubt the police. Ryan met with the Police Chief and Administrator on September 28,2018 to discuss the impacts in greater detail. She and her husband were looking for suggestions to help prevent future violations at the property. They are prepared to remove the fire pit and not allow music outside. The fire pit seems to be a point of gathering and when students see the orange glow they migrate to the property leading to potential noise issues. The property is also located near one of the locations where the bus stops which further adds population to the property. Regardless,noise heard off the premise is the responsibility of the tenants and landlord. The Police had informed the students that they can contact the Police Department if the property is out of control and they need help. This assistance will not count as a violation. The call for assistance has to be made before the Police receive the noise complaint and they will only come to the party once. This message was conveyed at multiple venues to include the off campus housing meeting, a mandatory orientation session,and house visits. The tenants have been issued state citations for noise and they have indicated that they are going to challenge the tickets. The criminal process is separate from the civil process carrying different burdens of proof. If a criminal ticket is voided,it does not negate the civil ticket(ordinance violation). Since the property owner is not requesting an evidentiary hearing,two separate actions are required. The first action is acknowledging that the noise violation did occur on the stated date at the stated address. Once that motion is passed the property owner or representative are allowed an opportunity to address the Council,keeping in mind that the purpose is not to refute the violation. Ryan Gaebel has indicated that she will be the person addressing the Council. ATTACHMENTS: Noise Warning—March 24, 2018 Noise Warning—August 24,2018 Noise Violation—September 8,2018 REQUESTED COUNCIL ACTION: Motion 1: Acknowledgement that a violation did or did not occur at 31 2nd Ave NW on September 8,2018. Motion 2: Determine disposition JALLialliak CITY OF ST. JOSEPH www.cityofstjoseph.com March 26,2018 G&R Works,LLC Ryan Gaebel 117 Whispering Oaks Dr. Administrator Albany MN 56307 Judy Weyrens RE: Rental License—Noise Warning 31 2°'Ave NW Mayor Saturday,March 24,2018 Rick Schultz Dear Mr.Gaebel: Please be advised that the tenants at your rental property located at 31 rd Ave NW received a warning for noise on March 24,2018. While the tenants were cooperative and the matter was Councilors resolved,it was still a violation of the Ordinance. The tenants that were present were notified that they have received their one only warning and if the Police have to come back to the Troy Goracke property again during the school year,not only will they receive a citation for the violation, Matt Killam the landlord will receive one as well,placing your rental license at jeopardy. Bob Loso Dale Wick The Council works on balancing the competing interests,but over the past couple of year's residents have expressed concern that weekend behaviors during the school year have become unacceptable. Noise levels,vandalism and dis-respect for property have risen. The City has been working the College/University representatives to help educate the students on what it means to be a good neighbor. Unfortunately we are at a point where enforcement is the only option to change behaviors. Therefore,we are notifying you of the event that happened on Saturday,March 24,2018 and that the tenants have been placed on notice. A copy of this letter will also be forwarded to the following tenants(through the Dean of Students at CSB/SJU)based on the list that you have provided with your rental license. Patrick Strom Brent Hentges Cody Wald John Oliver III Garrett Goetz All violations of the Noise Ordinance are forwarded to the City Council for review and disposition. The disposition can include anything from a fine to suspension or revocation of your rental license. The City appreciates the investment you have made in the community and we want you as well as the tenants to be successful; however,the Council needs to balance the interest of all 6,800±residents. It is important for you to know that the College of St. Benedict and the University of St.John's takes this matter seriously and they also meet with the students when 75 Callaway Street East•Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.7201 Fax 320.363.0342 Mr.Gaebel March 26,2018 Page-2— they are involved with an incident involving the police and students have another set of consequences to manage. Please feel free to contact me by phone at 320-363-7201,by email at jweyrens@cityofstioseph.com or by stopping in the office. You can contact Police Chief Joel Klein by phone at 320-363-8250,option 2,by email at jklein(?cityofstjoseph.com,or by stopping at the office. Sincerely, CITY OF ST.JOSEPH 111 dy(--0-ex-iza) Jud Weens A• ' istrator cc: Mike Connolly,Dean of Students-SJU Jodi Terhaar,Dean of Students-CSB 111111111 1 INCIDENT/ARREST REPORT REPORT NUMBER. ieaooi ST.JOSEPH POLICE DEPARTMENT ORI#MN0731100 DATE FROM:03-24-2018 TIME:10:45 PM DATE TO:03-24-2018 TIME:11:07 PM REPORT DATE:03-24-2018 Sat TIME:10:45 PM LOCATION: TYPE OF INCIDENT OFFENSE TRACT 312 AV NW ST JOSEPH MN 56374 (NOISE COMPLAINT 200 CASE STATUS: I DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE Z EXCEPTIONALLY CLEARED HOW RECEIVED: TIME ASSIGNED TIME ARRIVED TIME CLEARED RELATED TO OCA RADIO 12245 2245 2307 REPORTING OFFICER ASSISTING OFFICER REVIEWING OFFICER 22436 BRUTGER,ERIC F ISN STATUTE OFFENSE DESCRIPTION `UCR/IBR STATUS COUNTS DEGREE 1 ,NOISE VIOLATION 09817 EXCEPTIONALLY 11 BIAS MOTIVATION PREMISE TYPE ATTEMPTED I ALOH COMPUTER I Zg FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY ❑ (1. 2. 3. IMPLEMENT USED TYPE ENTRY METHOD OF ENTRY TYPE EXIT 1. 2. 3. WEAPON USED 1. 2. 3. NAME HOME CELL HENTGES,BRENT JOSEPH ADDRESS WORK ORK I EMAIL 222 SIBLEY CIR CARVER MN 55315 11 DOB AGE TO AGE Juvenile RACE SEX RESIDENT ETHNICITY I SIN 1_- 12/15/1995 22 ❑ W M V HEIGHTWEIGHT EYE COLOR HAIR COLOR FAIR LENGTH HAIR STYLE DLN STATE d 602 1195 ,BROWN F326024335711 MN 1 CLOTHING 1 AFFILIATION SMTS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: 1.09817 2. 3. 4. 5. I. 7. a. SUSPECT ❑ ARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED NLOCATION ❑ ARREST LOCATION COUNTY AREA SAME AS INCIDENT LOCATION NAME I CHARGES 1. 2. 3. 4. 5. 6. 7. 8 ARRESTING OFFICER I ASSISTING OFFICER ADDITIONAL SUSPECTS REPORT NUMBER: 18800712 ST.JOSEPH POLICE DEPARTMENT ORI#MN0731100 NAMEHOME CELL OLIVER,JOHN LEE III I 708-674-6817 ADDRESS WORK EMAIL 4444 LINDENWOOD DR MATTESON IL 60443 DOB AGE TO AGE JuvenNe RACE SEX 'RESIDENT ETHNICITY SEN 2/12/1996 22 l 0 Y M HEIGHT IGHT EYE COLOR HAIR COLOR HAIR LENGTH HAIR STYLE DIN STATE w WE603 214 I BROWN I I 041647296043 I IL CLOTHING I AFFILATION SPATS EMPLOYER I EMPLOYER ADDRESS RELATED OFFENSES: 1.09817 2. 3. 4. 5. 8, 7. 8. SUSPECT ❑ 'ARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED LOCATION a !ARREST LOCATION I COUNTY I AREA SAME AS ilal INCIDENT LOCATION NAME I CHARGES Q 1. 2. 3. 4. 5. S. 7. 5. ARRESTING OFFICER ASSISTING OFFICER NAME HOME CELL ADDRESS f ORK EMAIL DOB AGE TO AGE Juvenile RACE SEX RESIDENT ETHNICITY SSN 0 w HEIGHT WEIGHT EYE COLOR HAIR COLOR HAIR LENGTH HAIR STYLE DLN STATE .., CLOTHING AFFILATION linl SPATS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: 1. 2. 3. 4. 6. 8. 7. 8. SUSPECT ❑ ARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED H LOCATION ❑ ARREST LOCATION ICOUNTY IAREA SAME AS 5 INCIDENT LOCATION NAME CHARGES Q ),1. 2. 3, 4. 5. S. 7. 8. ARRESTING OFFICER ASSISTING OFFICER ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER:18800712 ST.JOSEPH POLICE DEPARTMENT ORI#MN0731100 NARRATIVE TITLE Narrative From CAD Complaint Type: NOISE- NOISE COMPLAINT Caller Name: Officers: Officer Id:77DDPFANNE Officer Name: PFANNENSTEIN, DANIEL Officer Id: 77DPPFANNE Officer Name: PFANNENSTEIN. DWIGHT Officer Id:77EFBRUTGE Officer Name: BRUTGER. ERIC Officer Id:77LRETSHOK Officer Name: ETSHOKIN, LOUIS 103/24/2018 23:06:19:MOB: 77041 SJPD-18800712 NOISE (WARNING GIVEN) SQUAD 702 VIDEO NO PHOTO NO (0324/2018 23:05-46:MOB : 77041 PERSONAL INFORMATION RENTER OLIVER, JOHN 1:0211211996 31 2ND AVE NW ST JOSEPH.MN 56374 ILL-041647296043 W RENTER HENTGES,BRENT JOSEPH:12/15/1995 tr222 SIBLEY CIR IL CARVER.MN 55315 Z F326024335711 W HT/M/602/195/BRN CITE NO COURT NO JAIL NO 10324/2018 22:57:59 :MOB : 77041 VEHICLE INFORMATION NONE (03/24/2018 22:56:08:MOB : 77041 WHILE ON PATROL I HEARD A LOUD YELLING COMING FROM 31 2ND AVE NW.I STOPPED AND TALKED TO RENTERS AND GAVE THEM THEIR WARNING. THEY UNDERSTAND THAT IF WE COME BACK FOR NOISE THEY WILL BE GETTING CITED_ THEY STARTED CLEARING THE HOUSE_ 103/24/2018 22:53:34 MOB : 77121 7712 SQUAD 71 VIDEO NO PHOTOS NO 01HPHARRIS ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER: 18800712 ST.JOSEPH POLICE DEPARTMENT ORI#MN0731100 NARRATIVE TITLE Narrative From CAD (0312412018 22:45:14: pos5 : 01 HPHARRISI Special Comment:***DAMA BOX ON SITE***7701 02126116 W } ALluidiat CITY OF ST• JOSEPH www.cityofstjoseph.com August 29,2018 G&R Works,LLC PO Box 188 . Albany MN 56307 Administrator Judy Weyrens RE: Rental License—Noise Warning—312°d Ave NW Friday,August 24,2018 Mayor Dear Property Owner: Rick Schultz Please be advised that the tenants at your rental property located at 31 2"d Ave NW received a warning for noise on August 24,2018. While the tenants were cooperative and the matter was resolved,it was still a violation of the Ordinance. The tenants that were present were notified Councilors that the property has received their one only warning and if the Police have to come back to the property again during the school year,not only will they receive a citation for the Anne Buckvold violation,the landlord will receive one as well,placing your rental license at jeopardy. Troy Goracke Bob Loso The Council works on balancing the competing interests,but over the past couple of year's Dale Wick residents have expressed concern that weekend behaviors during the school year have become unacceptable. Noise levels,vandalism and dis-respect for property have risen. The City has been working the College/University representatives to help educate the students on what it means to be a good neighbor. Unfortunately we are at a point where enforcement is the only option to change behaviors. Therefore,we are notifying you of the event that happened on Friday,August 24,2018 and that the tenants have been placed on notice. A copy of this letter will also be forwarded to the following tenants(through the Dean of Students at CSB/SJU)based on the contact with the Police Department: Garrett Riebling Cole Souto Robert Stautz Robert Okeley Matthew Colford All violations of the Noise Ordinance are forwarded to the City Council for review and disposition. The disposition can include anything from a fine to suspension or revocation of your rental license. The City appreciates the investment you have made in the community and we want you as well as the tenants to be successful;however,the Council needs to balance the interest of all 75 Callaway Street East•Saint Joseph,Minnesota 56374 Email cityoffices®cityofstjoseph.com Phone 320.363.7201 Fax 320.363.0342 6,800*residents. It is important for you to know that the College of St.Benedict and the University of St.John's takes this matter seriously and they also meet with the students when they are involved with an incident involving the police and students have another set of consequences to manage. Please feel free to contact me by phone at 320-363-7201,by email at'we rens( ci ofstjoseph.com or by stopping in the office. You can contact Police Chief Dwight Pfannenstein by phone at 320-363-8250, option 2,by email at dpfannenstein@cityofstjoseph.com,or by stopping at the office. Sincerely, CITY OF ST.JOSEPH • (-0,er.,ad eWer ens • dministrator cc: Mike Connolly,Dean of Students-SJU Jodi Terhaar,Dean of Students-CSB 1111111111111 INCIDENT/ARREST REPORT REPORTNUMBEB; '" 18802260 * ST.JOSEPH POLICE DEPARTMENT ORIMIN0731100 DATE FROME8-242018 TIME:10:45 PM DATE 1008-24-2018 TIdE:11:13 PM REPORT DATE:118-242018 Fri TIME:10:45 PM LOCATION: TYPE OF INCIDENT OFFENSE TRACT 312 AV NW ST JOSEPH MN 56374 NOISE COMPLAINT 200 CASE STATUS: I DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE Z EXCEPTIONALLY CLEARED MOW RECEIVED TIME ASSIGNED TIME ARMED TIME CLEARED RELATED TOOC A RADIO 12245 2245 2313 REPORTING OFFICER ASSISTING OFFICER REVIEWING OFFICER 23423 WALZ,CELESTE A 22436 BRUTGER,ERIC F ISN STATUTE OFFENSE DESCRIPTION UCRIBRSTATUS COUNTS DEGREE 1 NOISE VIOLATION 09817 I EXCEPTIONALLY 1 W WLB MOTIVATION I PREMISE TYPE ATTEMPTED COMPUTER ❑ I o a z FORCED ENTRY UNITS ENTERED CRIMINAL ACTMTY 0 1. 2. S. IMPLEMENT IMO TYPE ENTRY METHOD OF ENTRY TYPE EXR 1. 2. 3. WEAPON USED 1. 2. 3. NAME HOME CELL RIEBLING,GARRETT PATRICK 612-8894228 ADDRESS I NARK I EMAIL 2214 STONE CREEK LN E CHANHASSEN MN 55317 DOB AGE TO AGEJuvuRACE SEX RESIDENT ETHNICITY ON 1...! 3/17/1995 23 j❑nM. W M Y HEIGHTWEIGHT EYE COLOR HAM COLOR IWR LENGTH HMR STYLE DLN STATE a 507 1175 I BROWN l Y375294514215 I MN 1 CLOTHING AFFIUATION SITS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: I.09617 2. 3. 4. M. 6. 7. 5. SSP ❑ 1 ARREST DATEMME I DISPOSITION JUVENILE DISPOSITION ARRESTED 1 TI tocR r O ARREST LOCATION COUNTY AREA W *mew1 LOCATION NAME I CHARGES 1. 2. 3. 4. IL 6. T. 6. ARRESTING OFFICER 'ASSISTING OFFICER • ADDITIONAL SUSPECTS REPORT NUMBER:18802260 ST.JOSEPH POUCE DEPARTMENT °RIO MN0731100 NAMECELL STAUTZ,ROBERT ARTHUR I HOME 651470-5433 ACORESS Nt7RK I EMAIL 2923 HILLSVIEW W RO6EVILLE MN 55113 DOB AGE TO AGE Jamb RACE SIXRESIDENT ETHNICITY BBN r 10/22/1994 23 0 W M I U HEIGHT HEIGHTEYE COLOR HAIR COLOR IFWRLENGTH HAIRSTYLE 01.14 STATE IOW, 602 195 I BLUE F256031770313 I MN 11 CLOTHING AFFILATION •Vil SMTS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSE& 3.09617 2. 3. 4. L S. 7. S, SUSPECT ARREST DATFAlmE I DISPO&TON !JUVENILE DISPOSITION ARRESTED {`w LOCATION ❑ Imam LOCATION !COUNTY !AREA Y' SALM A8 rNT E*NAME I CHARGES 1. 2. 3. 4. IL S. T. B. ARRESTING OFFICER ASSISTWO OFFICER WIDEHOME CELL COLFORD,MATTHEW THOMAS I 1763-516-2049 AGGRESS I WORK I EMAIL 11360 ROSEMILL LN CHAMPLIN MN 55316 DOBAGE TO AGE Aa RACE SEX RESIDENT ET►BSCITY BSN 7/27/1994 124 0 W 1 M LiHEIGHT HEIGHTEYE COLOR HAIR COLOR HAIR LENGTH HAIR STYLE DIN STATE IOW, 510 185 I BLUE J I Q947192700120 I MN • = CLOTHING AFFIIAT10N U1 EWE EMPLOYER IEMPLOYERADDRESS RELATED OFFENSE& 1.09617 2. a. 4. /1. E. T. s. SUSPECT rl ARREST QATERIME I oIsPoBTION I JUVENILE DISPOSITION ARRESTED LOCATION 0 'ARREST LOCATE* COUNTY IAREA &WE AS INCIDENT LOCATION NAE I CHARGES 1. 2. 3. 4. S. S. 7. S. ARRESTING OFFICER ASSISTING OFFICER ADDITIONAL SUSPECTS 1 REPORT NUMBER:18802260 ST.JOSEPH POLICE DEPARTMENT ORIF MN0731100 NAME CELL SOUT0,COLE TIMOTHY HOME 714-3154807 ADDRESS WORK IEMIL 4841 TORIDA WAY YORBA LINDA CA 006 AGE TO AGE I hwn6. RACE SEX RESIDENT ETHNICITY SRN 12/27/1995 22 ED W M UHEIGHT WEIGHT EYE COLOR HAIR COLOR HAIR LENGTH HAIR STYLE DLN STATE 414 � I185 (GREEN I 1 CA 1 CLOTHING 1 AFFILATION MATSEMPLOYER J EMPLOYER ADDRESS RELATED OFFENSES: 1.09817 2. 3. 4. 2. 6. 7. 6. SUSPECTARRESTDATFJTIME (DISPOSITION (JUVENILEDISPOSITION ARRESTED ❑ LOCATION ❑ ARREST LOCATION I COUNTY I ll AREA SAME AS • 1 INC NT LOCATION NAME I CHARGES a I. 2. 3. 4. 6. 6. 7. 6. ARRESTING OFFICER 1 ASSISTING OFFICER NAME ............ i 11CELL OKELEY,ROBERT EVAN HOME 1317.600-9490 ADDRESS I WORK I EMAIL 11061 HINTOCKS CIR CARMEL IN 46032 r 51 OS/1995 I AGE I TO AGE I a GIs RRAACE I SEX I RESIDENT ETHNICITY I eSN V HEIGHT WEIGHT EYE COLOR HAIR COLOR HAIR LENGTH [HAIR STYLE I DLN STATE it 600 1200 (BROWN 1l 5270225024 IN 1 CLOTTING AFFIATION SLITS EMPLOYER I EMPLOYER ADDRESS RELATED OFFENSES: 1.09817 2. 3. 4. 6. 6, 7. S. SUSPECTARREST DATE/TIME I DISPOSTION 1 JUVENILE DISPOSITION ARRESTED ❑ TIO ❑ ARREST LOCATION -cowry AREA INCIDENT LOCATION I NAME CHARGES I. 2. 3. 4. 5. 0. 7. • 6. ARRESTING OFFICER !ASSISTING OFFICER ADDITIONALJCONTINUATION NARRATIVE REPORT NUMBER:18807160 ST.JOSEPH POLICE DEPARTMENT ORIN MN0731100 NARRATIVE TITLE Narrative From CAD 10812412018 23:03:40:MOO:77031 WHILE ON PATROL ON 4 AVE NW I COULD HEAR SEVERAL PEOPLE SCREAMING IN THE SACK YARD OF THE RESIDENCE.7704 AND I MADE CONTACT WITH 5 RENTERS.I EXPLAINED TO THEM WHY WE WERE THERE.I EXPLAINED THE CITY NOISE ORD,I ALSO EXPLAINED 31 2 AV NW WAS RECIEVING THERE ONE AND ONLY WARNING FOR THE SCHOOL YEAR.THEY ALL SAID THEY UNDERSTOOD AND WANTED TO COOPERATE. • „Liam!lit CITY OF ST. JOSEPH www.cityofstjoseph.com September 15,2018 G&R Works,LLC Ryan Gaebel Administrator PO Box 188 VIA Postal Mail and Email Judy Weyrens Albany MN 56307 Gabes403@gmail.com Mayor RE: Alleged Noise Violation—3121H Ave NW Rick Schultz Dear Mr.Gaebel: This letter has been prepared to provide you with notice and information regarding a Councilors proposed suspension or revocation of the rental license for the above referenced properties. This action is being taken because of an alleged violation of Ordinance No. 1002 of the St. Anne Buckvold Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on Troy Goracke September 8,2018. See attached report. On August 29,2018 you were notified that the Bob Loso tenants at both properties identified above received a warning for noise. The letter further Dale Wick stated that all noise violations are forwarded to the City Council for disposition. The St.Joseph City Council will review these allegations and consider appropriate action, including a suspension or revocation of your rental license,for up to a period of twelve months. The meeting will be conducted on Monday,October 1,2018,at 6:10 PM in the St. Joseph Government Center,75 Callaway St E. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing,you have the right to cross-examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented,the Council will then make a determination as to whether or not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type,you must contact the City Administrator in writing at least five days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least five days before the hearing,you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation(s)alleged herein and reported by the complaining party. If you waive your right to hearing,or if an evidentiary hearing is conducted and the Council determines that a violation did occur,then and in those events,the Council will proceed immediately to consider a disposition,which may include 75 Callaway Street East•Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.7201 Fax 320.363.0342 Mr.Ryan Gaebel . September 15,2018 Page 2 revocation or suspension of your rental license. Prior to the determination of disposition,you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license,the premises must be vacated of all renters,within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing,if requested,or the dispositional hearing. If you wish to have legal representation,you must hire your own attorney. If you have any questions regarding the law or your rights,I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear,the Council will take whatever action is deemed appropriate and you will be notified of this action at a later time. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, udy eyrens • • inistrator cc: Tom Jovanovich,City Attorney Mayor and Members of the City Council Police Chief Dwight Pfannenstein 11111111111111• 802 INCIDENT/ARREST REPORT REPORT NUMBER: ST.JOSEPH POLICE DEPARTMENT ORISIMN0731100 DATE FROM:09-08-2018 TIME:10:30 PM • DATE TO:09-09-2018 TIME:12:21 AM REPORT DATE:p9-08-2018 Sat TIME:10:30 PM LOCATION: TYPE OF INCIDENT OFFENSE TRACT 312 AV NW ST JOSEPH MN 56374 NOISE COMPLAINT 200 CASE STATUS: I DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE Z ARREST OF ADULT/ADULT AND HOW RECEIVED: TIME ASSIGNED TIME ARRIVED TIME CLEARED RELATED TO OCA RADIO 12230 2230 0021 REPORTING OFFICER ASSISTING OFFICER REVIEWING OFFICER 22436 BRUTGER,ERIC F 23432 PFANNENSTEIN,DANIEL D ISN STATUTE OFFENSE DESCRIPTION UCRASRSTATUS COUNTS DEGREE 1 NOISE VIOLATION 09817 [ARREST OF I2 SIAS MOTIVATION [PREMISE TYPE I ATTEMPTED I ALCOHOL DRUGS COMPUTER Z FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY I I 11 0 1. 2. 3. IMPLEMENT USED TYPE ENTRY METHOD OF ENTRY I TYPE EXIT 1. 2. 3. ' WEAPON USED 1. 2. 3. ....... NAME HOMECELL SOUTO,COLE TIMOTHY 1714315-1807 ADDRESS J YORK (EMAIL 4841 TORIDA WAY YORBA LINDA CA DOS AGE TO AGE Jimmie RACE SEX RESIDENT ETHNICITY SSN g`' 12/27/1995 22 0 W M HEIGHT WEIGHT F EYE COLOR HAIR COLOR [HAIR LENGTH I HAIR STYLE I STATE W IO, 600 185 GREEN I CA aCLOTHING AFFILIATION SMTS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: ,.09817 2. 8 4. 5. S. 7. S. SUSPECTARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED J 9/8/2018 10:32:00 PM I RELEASED ON BAIL OR OWN LOCATIONARREST LOCATION COUNTY AREA La I c DENT ❑ 4841 TORIDA WAY YORBA LINDA CA CITY OF ST JOSEPH LOCATION NAME CHARGES 1.09817 2. 3. 4. 5. S. 7. S. ARRESTING OFFICER I ASSISTING OFFICER 22436 BRUTGER,ERIC F ADDITIONAL SUSPECTS REPORT NUMBER: 18802439 ST.JOSEPH POLICE DEPARTMENT ORI#MN0731100 NAMEHOME CELL OKELEY,ROBERT EVAN I 1317.600-9490 ADDRESS WORK IEMML 11061 HINTOCKS OR CARMEL IN 46032 DOB AGE TO AGE Juvenile RACE SEX RESIDENT ETHNICITY SSN ._ 5/3/1995 23 0 W I M f V HEIGHT 'WEIGHT EYE COLOR HAIR COLOR HAIR LENGTHHAIR STYLE DLN STATE A 600 200 BROWN , 5270225024 IN 5 CLOTHING 1FRLAIION B _ MTS EMPLOYER 1 EMPLOYER ADDRESS RELATED OFFENSES: i.09817 2. 3. 4. S. 5. 7. 5. SUSPECTARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED O 9/8/20181032:00 PM RELEASED ON BAIL OR OWN tie LOCATIONARREST LOCATION COUNTY AREA wo SAME AS IINCIDENT ❑ 11061 HINTOCKS CIR CARMEL IN 46032 I CITY OF ST JOSEPH LOCATION NAME I CHARGES 4 1.09817 2. 3. 4. 5. S. 7. 5. ARRESTING OFFICER ASSISTING OFFICER 22436 BRUTGER ERIC F NAME I HOME CELL — ADDRESS I WORK EMAIL — DOE AGE TO AGE Juvenile RACE SEX I RESIDENT ETHNICITY SSN tHEIGHT WEIGHT EYE COLOR ❑ HAIR COLOR HAIR LENGTH I HAIR STYLE I DLI STATE aCLOTHING I AFFILATION SMTS EMPLOYER I EMPLOYER ADDRESS RELATED OFFENSES: 1. 2. 3. 4. 5. 5. 7. S. SUSPECTARREST DATE TIME I DISPOSITION I JUVENILE DISPOSITION ARRESTED ❑ NLOCATION ❑ [WRESTLOCATIONICOUNTY AREA SAYE INCIDENT LOCATION NAME CHARGES 1. 2. 3. 4. 5. 5. 7. 5. ARRESTING OFFICER ASSISTING OFFICER ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER:18802439 ST.JOSEPH POLICE DEPARTMENT ORIS MN0731100 NARRATIVE TITLE Narrative From CAD Complaint Type: NOISE - NOISE COMPLAINT Caller Name: Officers: Officer Id: 77CAWALZ Officer Name:WALZ CELESTE Officer Id:7700PFANNE Officer Name: PFANNENSTEIN,DANIEL Officer Id: 77EFBRUTGE Officer Name:BRUTOER. ERIC (09409/2018 00:19:37 -MOB:7703j 704 VIDEO YES (09109/2018 00:19:28 :MOB:77031 WHILE ON PATROL I NOTICED A GROWING PRESENCE OF COLLEGE STUDENTS AT THE ABOVE LOCATION. AS I CIRCLED AROUND SEVERAL TIMES I PARKED ON 4 AV NW AND COULD HEAR LOUD BASS AND LOUD TALKING CONSISTANT WITH A LARGE GROUP OF PEOPLE. I TURNED ON MY IN SQUAD CAMERA AND CAPTURED THE NOISE I HEARD FROM ACROSS THE BASEBALL FIELD.7711 AND 7704 MADE CONTACT AS I WAS ON ANOTHER CALL. C.WALZ 7703 (09)13912018 00:18:19:MOB:77111 I COULD HEAR YELLING AND SCREAMING FROM THE ABOVE LOCATION,GREEN ACRES.I DROVE TO 5Th AV NW APPROXIMATELY 4 BLOCKS AWAY AND COULD HEAR THE YELLING AND THE MUSIC PLAYING.I DROVE TO THAT LOCATION AND ACTIVATED MY RECORDER IN SQUAD 705 AND APPROACHED ON FOOT WHERE W OFFICER BRUTGER WAS ALREADY SPEAKING WITH INDIVIDUALS AND PARTY WAS CLEARED OUT.OFFICER BRUTOER TOOK OVER CALL AND ISSUED CITE.INCIDENT RECORDED ON WATCHOUARD CAMERA 705.1 g SPOKE WITH TENANTS AND EXPLAINED AND ANSWERED THEIR QUESTION (09409/2018 00:18:17 : MOB:7711j TO THE BEST OF MY KNOVILEDGE. CLEARED. PFANNENSTEIN #7711 P9108/2018 2324:03 :MOB:7704j SJPO-18902439 NOISE ORD 1002 SQUAD 702,705 VIDEO BOTH (091082018 23-22:59 :MOS:7704j ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER:1.:02939 ST.JOSEPH POLICE DEPARTMENT ORM MN0731100 NARRATIVE TITLE Narrative From CAD COURT NO (0910812018 23:14:07:MOB:7704j WHILE ON PATROL 7703.7711 AND I ALL COULD HEAR LOUD VOICES AND MUSIC COMING FROM 37 2 AVE NW.A NOISE WARNING WAS ALREAD GIVEN TO THE RESIDENCE.TWO RENTERS SAID THEY WERE TRYING FOR AN HOUR TO CLEAR PARTY.TO RENTERS WERE ISSUED CITATIONS. 109!0812018 22:5829:poss6:01 kmhsmlin) ec code 4 to }