HomeMy WebLinkAbout2000 [11] Nov 02 {Book 20}
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CITY OF ST. JOSEPH
21 First Avenue NW
P,O, Box 668.
St. Joseph. MN 56374 St. Joseph City Council
(320) 363-7201 November 2, 2000
Fax: 363-0342 7 :00 p.m.
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MAYOR 1. 7:00 p.m. - Call to Order
Kenneth J. Hiemenz
2. Approve Agenda
~:U;RKI 3. Consent Agenda
ADMINtSTRATOR a. Resolution annexing properties abutting CR 121
Cari Schmidt b. Authorization to purchase a radio for police department use in the amount
of $ 952.27. (Funds are budgeted under Police Communication)
:OUNC!LO!!.s 3. Public Comments to the Agenda
.so
~hlert 4. Bills Payable and Overtime
Ken Twit
Mary Niedenfuer 5. Police Chief Reports
a. College Avenue South 90 Minute Parking Zone
6. Approve Minutes - October 19,2000
7, 7:20 p.m, - Steven Lovold, request for reliefrrom water hookup fee until water is
used, (Prior Council action of June 7. 1999)
8, 7:40 p.m. - City Engineer Reports - update on Millstream Culvert Project
9, 8:00 p.m. - Steve Hagman, Summary of the 2000 - 2001 Rental Licenses
10, Mayor Reports
11. Council Reports
12, Clerk! Administrator Reports
13, Miscellaneous and Announcement Items
14. Adjourn
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MeI110randum
To: Mayor and City Council
cc: Can Schmidt, City Administrator
From: Gary D. Will Jr., Chief of Police
Date: 10/25/00
Re: Purchase new Portable Radio
We have $1,000 in the budget for reserves, after reviewing the needs of the
department that includes the reserves, I see where using the money to purchase a
new portable radio would be best.
. We have tested the Motorola HT1250's and found that while smaller and lighter in
weight, they have a better effective range the radios we currently use.
Granite Electronics have submitted a bid totaling $952.27 for one HT1250, with
remote microphone and carrying case. This is a very reasonable price.
With all of the problems we had this year with radio's failing during disorientation,
the need for newer radios is very evident.
I request that we purchase one radio for $952.27 from Granite Electronics.
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Granite Electronics
535 N 31st Avenue
St. Cloud, MN 56303
Phone: 800-477-1887 Fax: 320-259-599411
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For: ST. JOSEPH POLICE DEPT Date: 10/23/00
SYSTEM PROPOSAL
ST. JOSEPH, MN PRICING
Phone: 363-8250
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Item Quan Description Each Total
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1 1 HT1250 VHF 128ch Ltd Key AAH25KDF9AA5_N $897.20 $897.20
Includes:
a. HT Series Remote Speaker Mic HMN-9052A
b. HT1250 AW Lthr Case 6-key MR8100-3BW
c. Public Service discount -
2 1 DEALER SERVICE DISCOUNT $-50.00 $-50.00
Includes:
a. (Cost of radio charged as labor, no tax)
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Terms: 0% down net 10 days Total Equipment Cost $847.20
Lease Contract: Labor, Installation and Test $50.00
$0.00 for 0 months. Tax $55.07
Advance PaymeITt $0.00 Total Purchase $952.27
N/.
Proposal valid for 30 days. Frequency Coordination/License
Prepared by: Dan McCoy Total $952.27
Accepted by: Less Down Payment $O~OO
Date: Balance $952.27
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.CITYOF Sl'.JOS":PH
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Mell10randum
To: Mayor and City Council
cc: Cari Schmidt, City Administrator
From: Gary D. Will Jr., Chief of Police
Date: 10/20/00
Re: 90 minute parking on College Ave. S.
Quite a few years ago, the College of St. Benedict's requested 90 minute parking on College
A venue for visitor parking. Since that time, they have added new parking lots.
. I received a request from the colleges Chief of Physical Plant and Facilities Management that
the time limit be removed and that the "same restrictions that apply to other city streets" be
used.
There are several issues.
1. The 90 minute parking. The Police Department does not have a recommendation either
way for this request. I have received complaints that people can not find a spot to park at
the college when they need to visit and I see empty spaces in the parking lots. However,
we do have time limits in other areas of town (Date, 1 st NE to name a couple). In
general, I do not like time limit parking like this because it is hard to enforce unless there
are parking meters. Short-term limits (15 minutes for example) are relatively easy to
enforce for any police agency.
2. The parking prohibitions on this street also include no overnight parking. There is
nothing in the college's request that addresses this issue. I do not know why there is no
overnight parking here. This should be addressed in the same motion as the 90-minute
parking.
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October 20, 2000
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3. Next spring/summer/fall, the road is going to be tom up and during this time, I do not
expect that any parking will be allowed. Do we want to change the parking now or look
at the issue while the road is under construction to determine what is in the overall best
interest for traffic safety so when signs go back up we can have no signs, the same signs
or something entirely different. If this option is used, I would recommend some
committee made up of the police, public works, colleges, students and at least one area
resident, preferable one who lives on 121 or just off of it to work on the issue maybe
from Minnesota south to the city limits.
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¡ollege of Saint Benedict
37 S, College Avenue
St. Joseph, MN 56374-2099
Gary Will, Chief of Police
City of Saint Joseph
25 NW 1 st Avenue
Saint Joseph MN 56374
Dear Chief Will,
I am ir..£orming you that the College of Saint Benedict no longer needs the 90-minute
parking restriction along College A venue. At this time we would prefer the same
restrictions that apply to other city streets.
Thank you for your past and future assistance to the college. We appreciate you, your
department, and the collaborative initiatives for a better community.
. Best regards,
~~
tdriCkS
Chief Physical PlantIF acilities Management Officer
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. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, October 19,2000 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Acting Mayor Bob Loso. Councilors Cory Ehlert, Mary Niedenfuer. Deputy Clerk
Judy Weyrens. Members Absent: Mayor Kenneth J. Hiemenz, Councilor Ken Twit.
Others Present: Police Chief Gary Will Jr., David Kuefler, Al Rassier, Stephanie Howe, Tom Nahan,
Approve Agenda: Niedenfuer made a motion to approve the agenda as presented; seconded by
Ehlert and passed unanimously by those present
Noise Violation Hearing, 110 - 10th Avenue SE. #101: Property Manager David Kuefler appeared before
the Council on behalf of the owners of Meadowlark apartments. He stated that his company has recently
secured a contract to manage the Meadowlark Apartments, and as property managers do not tolerate
disruptive behavior. Kuefler further stated that the residents in apartment # 10 I have been evicted and a
letter has been sent to all residents in the complex stating that all residents are to abide by the City Noise
Ordinance and included a copy of such.
Kuefler stated that he has no reason to contest the violation that occurred on September 29, 2000 as the
police reports provide supporting documentation. The residents of apartment #101 expressed remorse to
Kuefler and apologized for any inconvenience they caused. Further, Kuefler stated that he is a part of the
St. Cloud Multi Housing Coalition which drafted housing regulations for the City of St. Cloud and
offered his services to St. Joseph.
. Ehlert made a motion to verify that a noise violation did occur onS~ptémber.29, 2000 at 110 _10th
Avenue SE; apartment #101; seconded by Niedenfuer and pass~ªt:yp:animously'by those present.
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Acting Mayor Loso stated that the Council needs to consi~~r;'lat typ~;'of penalty Will be assessed.
Ehlert stated that he feels this noise complaint coul~;þa~.I~·ee1J,T~andlê~¡as a discretionary matter as the
complaint stated the residents had only five fìjellt~~?,er!,mnd~!-" discretionary policing the police could
have stopped and gave the te~~!li~lf¡~~i~inutest~i;co1"tecq"¡qhe m~~er before issuing a violation, Ehlert
further stated that discretion~¡PQ1ì~m~::.was'iit~~us~·ed:iW a If1ÊtFPITomthe City Attorney. Loso stated
that the police are enforcing IIlis currê'I¡iJ;'0lilf and th~¡¡~t~~~~bônary policing method regarding the
noise ordinance has not beenilfopted. 'tfeq-"uestioneœi.iif'the Council will be reviewing the
discretionary policing matter',~~ written~f th~¡City Attorney. Niedenfuer stated that positive results can
be seen ITom the CORE COmfflittee meFting~: A resident questioned the police how to have a safe party
and the Police Chief is happy¡t() provicreinfortnation.
Ehlert made a motion to assg~ith~property owners of 110 - 10th Avenue SE the administrative fees
of $ 150.00 and a fine of $ tOO:OO. The motion was seconded by Niedenfuer and passed
unanimously by those present.
Consent Agenda: Ehlert made a motion to approve the consent agenda as follows; seconded by
Niedenfuer and passed unanimously by those present.
1. Application for payment #2 - Gopher State Contractors, $ 18,873.00
2. Resolution calling for the Redemption of the Outstanding General Obligation
Improvement Bonds of 1992, Series B
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October 26, 2000 Page I of 5
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Proposal Request for City Hall Proiect: Stephanie Howe, Grooters Leapoldt Tiedeman, appeared before ·
the Council to present five (5) change order requests for the remodeling project of the fonner First State
Bank building. They are as follows:
#1 . Electrical Modifications (GLT Proposal Request No.2): Howe reported that not all the
electrical work could be detennined at the time the plans were drafted, therefore additional
electrical work is needed. The total cost of the additional electrical work is $ 529.00, Ehlert
made a motion to approve the electrical modifications as detailed in GL T Proposal Request
No.2; seconded by Niedenfuer and passed unanimously by those present.
#2 - Carpeting and Painting (GL T Proposal Request No, 5): Howe presented a proposal to carpet
and paint portions of the facility. The total cost of the additional carpeting and wall covering is $
9,358.00 Ehlert questioned the need to carpet the lower storage room area and the condition of
the existing carpeting. Howe stated that the area does not need to be carpeted, however,
whenever the storage room door is open you would see the old carpeting ITom the Council
Chambers. Niedenfuer questioned the carpeting in the employee breakroom. Howe responded
that she is looking for something durable for the breakroom as it is in need of replacement. The
existing flooring is a vinyl covering. Councilors present agreed the area should be udpated and
replaced. Ehlert made a motion to approve GLT Proposal Request No.5 with the deletion
of carpeting the storage area and addition of updating the break room and bathrooms. The
motion was seconded by Loso and passed unanimously by those present.
# 3 - Electrical Outlet Modification (GL T Proposal Request No.7): During the construction
meeting it was detennined that four wall outlets and two flush mounted floor outlets need to be ·
added with a contract increase price of $ 1,307.00. Howe stated that the cost may seem high, but
the pre cast floor adds additional costs. Ehlert made a motion to approve GL T Proposal
Request No.7, adding four wall outlets and two flush mounted floor outlets. The motion
,,,as seconded by Niedenfuer and passed unanimously by those present.
# 4 - Modifications to upgrade basement corridor and stairs to meet fire codes (GLT Proposal
Request No. 11): Howe reported that once demolition was completed it was discovered that the
existing corridor walls were not completely fire rated. It is necessary to complete these items as
they are required by fire codes. In addition to the basement corridor and stairs, there are areas
that will need to be fire caulked which will also be an additional cost. The cost to upgrade the
basement corridor and stairs as well as the additional caulking is $ 2,762.00. Niedenfuer made a
motion to approve GLT Proposal Request No. 11, upgrading lower level areas to meet fire
codes. The motion was seconded by Ehlert and passed unanimously by those present.
# 5 - Modifications to the Council Chambers (Gopher State Proposal Request No. 14). Howe
presented the additional cost to relocate the door and window, removing the middle door into the
council chamber area to accommodate the redesign of the Council Table, The total cost of this
request is $ 657.00. Niedenfuer made a motion to approve Gopher State Proposal Request
No. 14, modifications to the council chambers; seconded by Ehlert and passed unanimously
by those present.
Bills Pavable: After review the bills payable, Niedenfuer made a motion to approve them as
presented, check numbers 28902 - 28980. The motion was seconded by Ehlert and passed
unanimously by those present.
Overtime and Callouts: Niedenfuer made a motion to approve the overtime and callouts as ·
presented; seconded by Ehlert and passed unanimously by those present.
October 26, 2000 Page 2 of 5
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· DEPARTMENT HEAD REPORTS
Pond View Ridge Five: Weyrens reported that Bob Herges has requested the City Council accept Pond
View Ridge Five. The developer has completed all the punch list items as prepared by the City Engineer.
Before accepting the developmentthe Engineer has requested additional time to review the developer's
agreement to assure that all terms and conditions of the agreement have been fulfilled. Ehlert made a
motion to accept Pond View Ridge 5 upon the written approval of the City Engineer. The motion
was seconded by Loso and passed unanimously by those present.
OPEN TO THE PUBLIC
Al Rassier - Questioned the bills payable listing and how to determine which funds have been expended,
Weyrens responded that the column on the bills payable listing to the far right indicates which fund has
been expended with the column in front of the item the department that has been expensed.
Leo Buettner - Request to Defer 2000 and Assessments: The Council received a request from Leo
Buettner to defer his assessments for the development ofthe Buettner Business Park Plat at least one year
or until a major portion of his property is sold. His letter stated that since nothing has been sold so far, he
has had to borrow money to pay the assessments and cannot continue to do this in the following years,
Loso stated that it is his understanding that the revenue source obtained~hrough assessments is needed to
make the bond payments for the 1999 Improvements; and he has a hat~ª.time justifying deferral of the
· assessments. Weyrens responded that the City does rely on the asses~~~~~~ täpa¥the debt. The amount
Buettner is requesting is approximately $ 50,000 for the current year:j~jlè it is ~<?t unusual for the City
to have a negative fund balance the long term implications will ne9~\~~¡pe review~~ias the interest from
the assessments is also a revenue source for the bond fund. )il'\f;~ditio~: W eyrens ~t~ted the City has had
to levy the funds to pay the loan the City secured for the ._r~,¥ement$ which has an annual payment of
approximately $ 29,000 per year. The Council wi:~litlsq~.eed~~ be caîJ.tious of the precedence it will be
setting if the Council defers payment of assessn1~!i~~i)'
Ehlert questioned if the Couqåtl:~Ølîl¡:~~þle t.$matter;'£~. No~¢~ber 2,2000 when the full Council will
be present. Weyrens stated t~~t is up tq'II.e C)~uncil. ~~~~pïted that he does not feel the Council should
table this matter as he is read~i¡~o make ~:'ec~i!on at this meeting. Niedenfuer concurred with Loso and
stated that she too is concem~ with the.'Pfecx!!lence that could be set and what impact such relief would
have on the residential propefI:Y owner.it(
Ehlert questioned if EDA Di~~fto~ç::~a.tl Carlson has reviewed this request. Weyrens stated that she did
discuss this matter with Carl~~~~1'Jg.he too questioned the request. Buettner did sign a developer's
agreement which indicated thetenn and amount of the assessments. Ehlert questioned if part of the
assessments can be deferred to which Weyrens responded that she could research that issue. Loso made
a motion to deny the request of Leo Buettner to defer the special assessments on his property at
least one year or until a major portion ofthe land has been sold. The motion was seconded by
Niedenfuer.
Ayes: Loso, Niedenfuer
Nays: Ehlert Motion passed 2:1:0
Minutes: Ehlert made a motion to approve the minutes of the October 5, 2000 Council meeting as
· presented; seconded by Loso and passed unanimously by those present.
October 26. 2000 Page 3 of 5
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Ehlert questioned the status of the preliminary plat Pond View Ridge Phase Six and the proposed variance ·
to the lots with Wetland issues. Weyrens stated that the Wetland Ordinance is relatively new and it was
determined that a public hearing would be necessary to allow the lesser setback from the wetland areas,
However, since that time the developer has agreed to wait to request the variance until they present the
City with a final plat for that section,
Council Salary Increase Proposal: Loso stated that he would like to see the Council increase the wages of
the City Council and Mayor as it has been a long time since they have been increased, Therefore, Loso
made a motion to increase the salary of the City Council and Mayor $ 150.00 each per month. The
Council salary after the election would then be $ 300 per month with the Mayor being compensated
$ 450.00 per month. The proposal leaves the meeting fee at $ 20.00 per month. The motion was
seconded by Ehlert.
Ehlert questioned if this matter could be tabled until the full Council is present. Loso stated that the
Council increase must be set before the election and cannot take effect until after the election. Therefore,
the decision needs to be made at this meeting.
Ehlert discussed the request of the various boards to receive an increase in pay and if the meeting fee
could be increased. The current practice has been to not pay boards and commissions more than City
Council members.
Weyrens stated that while the Council and Mayor deserve a raise, these type if issues need to be presented
during the budget process which began in August. At this time the City has certified a preliminary budget
to the Steams County Auditor and the Council will need to determine where the proposed increase will ·
come from.
Ehlert took exception to the comments by Weyrens and stated that the budget has not yet been set, nor
does the Council receive a three (3) percent increase each year. Weyrens concurred with Ehlert and
stated that she is not disputing the raise but suggests that in the future these issues be included in the
budget process. Loso concurred with Ehlert and stated that the Council has discussed increasing their
wages. Niedenfuer stated she appreciates the comments ofWeyrens and agrees the matter should have
been discussed during the budget planning process.
Ehlert questioned Weyrens ifshe is suggesting that a department budget will be cut due to the proposed
salary increase for the City Council. Weyrens stated yes, as the preliminary budget has been set and there
currently is a revenue shortfall. Once the preliminary budget is certified the Council cannot increase the
budget. Police Chief Gary Will approached the Council and stated that he too concurs that the Council
and Mayor deserve a pay increase and Weyrens is only pointing out that the City has a budget process and
we need to include these types of discussion during such. Ehlert stated the increase would come out of
the $ 44,000. Loso again stated that it has been many years since the Council has increased the wages of
the Council and it needs to be addressed at this meeting. Further, the Council has not approved the final
budget and will be reviewing the budget on November 8, 2000,
Weyrens suggested the Council establish the wages at the level they are seeking and during the budget
process the Council could waive a portion of the increase for 2001. Therefore, Ehlert made a motion
to amend the original motion to also increase the meeting fee to $ 30.00 for further discussion
during the budget meeting. The amendment was seconded by Loso and passed unanimously.
Vote Call on amended motion: ·
Ayes: Loso, Ehlert
Nays: Niedenfuer Motion Carried 2:1:0
October 26, 2000 Page 4 of 5
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COUNCIL REPORTS
Ehlert
Park Board: Ehlert reported the Park Board is in the process of planning a Family Fun day and he will
provide additional information as it is available. Niedenfuer questioned if the Park Board has or is
looking at a BMX Course. Ehlert stated the Park Board did have that matter as an agenda item and will
be discussing the matter in the upcoming months.
The Park Board will be presenting Concrete Plus (Kurt Schneider) and Granite City Ready Mix with an
award of appreciation for their donation to the construction of the skateboard rink.
Niedenfuer
Town Meeting: Niedenfuer reported the Town Meeting held on October 11,2000 was a success with
approximately 60 residents participating. The RCP Committee circulated a survey questioning what type
of services/activities the community would like to see in St. Joseph. The top five responses are as
follows: 1) Community Center; 2) Trails/Park Network; 3) Farmers Market; 4) Recreation Center; 5)
Library. At the end of the Town Meeting residents were asked to coml1J,itto working on one of the five
items identified. The RCP Committee will coordinate the different cOP:lrriittees.
. Candidate Forum: The RCP will be conducting a candidate forum on:~c~~per30j2000 from 7:00 p.m. to
9:00 p.m. The forum will include prepared questions as well questio~ª;~gÌl1 the audience and phone
questions.
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CORE: The CORE Committee met on October 25 and o~¡þroactive enforcement, such as
encouraging students to contact the Police âþarty.
MISCELLANEOUS AND
Bar Violations: Loso on the bar violations as reported by the
Police Chief until the full concurred.
Adioum: Loso made a p.m.; seconded by Ehlert and passed unanimously
by those present.
Judy Weyrens
Deputy Clerk
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October 26, 2000 Page 5 of 5
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. CITY OF ST. JOSEPH
21 First Avenue NW
P.O, Box 668,
StJoseph,MN56374
:nO) 363.p20L City Offices
Fax: 363-0342
.. Memo
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MAYOR
Kenneth J, Hiemenz
To: Honorable Mayor H~enz and Members of the City Council
~:u;RKI From: JU~W~
AUMINISTlL\TOR Date: 10/27/00 '......... \
Cari Schmidt
Re: Water Hookup
:OUNCILOB--8
Bob Loso Please find attached a letter from Steve Lovold, 22 - 16th Avenue SE (fonnerly 90th Avenue)
W1ert requesting relief from paying the water hookup fee at this time. The City has a policy that when a
It
Mary Niedenfuer private service line is extended the hookup fee becomes due and payable, The reason for the
policy is for the City to keep control on services provided. While I have no reason to believe Mr.
Lovold would hookup to City water without notifYing us, we recently dealt with an issue were a
resident was receiving sewer for 6 months and the City was unaware of it.
In June 1999 the City Council allowed the residents along 90th and 9151 A venue to delay paying
the water hookup fee for one year. Each resident was asked to sign a letter of understanding that
the money was due an payable on or before July 1, 2000 or the amount would be submitted to the
County Auditor for collection in 2001. Mr. Lovold signed this agreement as did eight other
residents. Mr. Lovold is the one of two resident that we have certified to the auditor for collection,
Mr. Lovold's letter indicates a bill he only received early this summer. This is true, since the
amount was not due until July 1,2000 the City sent a statement in June reminding residents of the
amount due.
While in the office on Thursday, Mr. Lovold stated that he was of the understanding that he could
not received sewer services until he signed the fonn and felt he was forced to sign it.
The water hookup issue is not unique to this area, we will run into the same issue when we extend
utilities along CR 121 and again when 29Sth Street request services. The City staff encourages the
Council to reinforce the current policy regarding when utility hookup fees become due and
payable as it seems to be an effective manner to control services.
. For your convenience I have enclosed minutes of prior Council action on this matter,
. Page 1
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October 25,2000
Dear St. Joseph City Council Members:
My name is Steve Lovold, and I live at 22-16th Ave. S.E., which was formerly
30408 91st. Ave. in St. Joseph.
The reason for this letter is to ask you for a ruling on why I am supposed to pay
the city water hook-up fees, which amount to $1000, when I am not presently hooked
up to St. Joseph City water. I now have a very good well and I was told by G&M Well
Drilling of St. Joseph, that we should have plenty of water for a number of years.
When the city sewer project went by our house, we were told that we had one year
from the completion date to hook up to city sewer and there was no time limit on
hooking up to water because some of us had wells that we still wished to use. It was
suggested to us to run the water pipe to the house at the same time so that we
. wouldn't have to pay an excavation fee twice, or dig up our yard twice. We were never
told at the meetings or in writing, that by doing this we would be responsible for the
activation fees at that time. In fact, we were not informed of this policy until long after
the project was finished. We only received a bill for this at the beginning of this past
summer. t realize down the road that I will want to hook-up to water and I will need to
pay this fee, I have no objection to doing so at that time.
t would be happy to have my home inspected at any time to prove I am not
using city water, nor do I have any plumbing done inside my house for this. My wife
was in the city office and spoke to Dick Taufen one day. He made a comment that
there were a number of problems with this project, communication being one of
them. He also said with your approval of postponing the hook-up charge he would be
willing to do an inspection check, to validate that we are not anywhere close to being
hooked-up.
If you would like me to appear at the next council meeting I will, in order to
resolve this issue. Please advise me as to what you will do to correct this unfortunate
situation. Again, my address is, 22 - 16th Ave. S.E. St. Joseph. My phone number is
363-4459.
Thank You,
. ~H ¡Jifrrtd?
Steven B. Lovold
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Confirmation of Payment for Water Hookup Fees
I, the undersigned, acknowledge that the City of St. Joseph charges a $ 1000 hookup fee
for connecting to the St. Joseph Water System. The said hookup fee becomes due and
payable at the time a property owner extends a private service line. However, the City
Council on June 7, 1999 allowed residents involved in the 90th and 91 st Street Improvement
to install the private water line and cap the service inside the house, deferring payment of
the hookup fee to June 30, 2000.
I agree to pay the City of St. Joseph the $ 1,000 water hookup fee on or before July I,
2000, If the tenns of this agreement are not met, the hookup fee will be submitted to the
Steams County Auditors Office for attachment to the Year 2001 tax statements. .
sleæ-l1 ¿ ~Clð ¡d
Property Owner, Name
(301 r) r- c¡ (S'+ /tv£-
Property Address
~.~. Ê;;¡:~
Property OWl1er signature
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Date I I
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Extract of the June 3, 1999 City Council Meeting
90th & 91st Avenue Water Hookup
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, June 3, 1999 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Loso, Cory Ehlert, Mary
Niedenfuer. Deputy Clerk Judy Weyrens.
City Representatives Present: Dick Taufen, Public Works Director.
Others Present: Steve Streng, Jeff Palm, Gary Heltemes, Tom Cruikshank.
Jeff Palm. 30336 - 90th Avenue: Jeff Palm appeared before the Council to request relieffrom the City
policy whereby the Water hookup fee is payable at the time the service line is extended. It wasn't until
recently that Palm was infonned that ifhe extended the service line he would be required to pay the
hookup fee. Palm stated that is was his understanding at the public improvement hearing that the hookup
fees did not become payable until the service is used. Further, Palm stated that he supported the
improvement with the understanding he could install the service line, cap it at the house and pay the
hookup charge when physically connecting to the water system.
The Council discussed the hookup policy and clarified that the fees are due at the time the service line is
extended. Weyrens and Taufen cited the following reasons for the policy: 1) once the service line is
. installed the service can be used without the City being aware of the use; 2) it cumbersome to keep track
of installed service lines. Weyrens further questioned the possibility of setting precedence by relieving
this policy. With the City anticipating reconstructing Joseph Street, would the property owners on
Joseph Street request the same relief also? Hookup fees are used to finance the improvements of water
and sewer, and if they are not collected at the time of installation, other financing plans may be necessary.
Ehlert questioned if the residents could be given a three year period to pay the hookup fee. Twit and Loso
cautioned this type of practice as it may set precedence for future projects. The Council agreed to
consider this matter further and take action on the request on June 7, 1999.
.
.
Extract of the June 7,1999 City Council Minutes
90th & 91't Avenue Water Issue
·
Pursuant to due call and notice thereof, the St. Joseph City Council and St. Joseph Planning Commission met
in joint session on Monday, June 7,1999 at 8:00 p.m. in the St. Joseph City Hall.
City Council Members Present: Mayor Kenneth J. Hiemenz. Councilors Cory Ehlert and Mary Niedenfuer.
Deputy Clerk Judy Weyrens and City Attorney John Scherer.
Planning Commission Members Present: Chair Hub Klein. Commissioners Gary Utsch and Jim Graeve.
Council Liaison Cory Ehlert.
Others Present: Mark Lambert, Jim Krebsbach, Ellen Wahlstrom, Steve Dehler, Jeff Palm
Other Matters of Concern
Hookup Fees - Jeff Palm: The Council discussed the request of Jeff Palm, 30336 - 90th Avenue to waive the
requirement to pay the water hookup fee at the time of connecting to the main line. Palm does not wish to use
the water service at this time, but wishes to install the service line and connect at a later time. The City has a
policy whereby the water hookup fee is due and payable at the time the private water line is extended. Palm
had indicated that he understood he would not have to pay the hookup fee until he actually uses the water
services. The Council stated that the hookup fee is part of a bonding requirement and relieving hookup fees at ·
this time could have a negative financial impact. However, as there appears to have been some
misunderstanding regarding the charges and only 18 homes are affected, Ehlert made a motion to allow the
residents involved in the 90th and 91 st Street project to delay paying the water hookup fee until June 30, 2000,
Further, residents requesting delay of payment will be required to sign an agreement stating they will pay the
hookup fee no later than June 30, 2000 or the fee will be submitted to the County Auditor for collection on the
year 2001 tax statements. The motion was seconded by Niedenfuer.
Ayes: Hiemenz, Ehlert, Niedenfuer
Nays: None.
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Page 3717
April 6, 2000
. Symanietz addressed the Council. He stated that because of the sharp slope, he could only
build a home with a tuck under garage and not the rambler walkout that he would like to
construct. Ehlert stated that Mr. Symanietz also agreed to have a circular drive so that he
would be driving out and not backing out onto the street.
Twit stated that regardless of whether or not he is backing out or driving out, it is still a safety
issue on Northland Drive. Hiemenz stated that the City hasn't even begun to see the traffic
on Northland Drive. It's only going to get worse. This lot is especially dangerous a it is at the
very top of the crest of the hill.
Bettendorf stated that it is an issue of safety. The crest of the hill is fainy sharp and people's
reaction time will not be quick enough to prevent an accident. You can't see the driveway
when you are coming from the South. Bettendorf stated that the City has the same problem
with the lot on the other side of the street. This is a slightly different situation as this lot is
landlocked and Northland is the only access out of the lot. Weyrens indicated that the City
knew about the landlocked lot when the developers agreement was signed. Ehlert asked if
we are standing strong on nothing exiting onto Northland Drive. Niedenfuer stated that
another concern is the width of the road. She stated that wider streets allow for faster traffic.
Hiemenz disagreed. Loso stated that the original agreement was based on a safety issue
and should stand. Loso made a motion to deny the request of Mr. Symanietz and to not take
the recommendation of the Planning Commission to waive the requirement for this Lot 1,
Block 3. Twit seconded the motion and it passed unanimously.
7. Approve Minutes -Loso made a motion to approve the minutes of March 16, 2000 and
March 9, 2000. Twit seconded the motion and it passed unanimously.
. 8. Bills Payable and OvertimeJCallouts
Niedenfuer made a motion to approve the bills payable 28073 through 28193. Ehlert
seconded the motion and it passed unanimously.
Niedenfuer made a motion to approve the overtime and callouts, seconded by Twit. The
motion passed unanimously. Twit expressed concern regarding the four officers that put in
for overtime for the Building Committee meeting. The Council asked who told them they had
to come to the meeting. Schmidt stated that she asked them to come and told them it would
be paid time. Ehlert stated that he was impressed that they were there, but was surprised
that they put in time for it. He asked what happened to loyalty and just being there to be part
of the decision. Schmidt stated that she knew that Meyer wasn't going to be at the meeting
and she felt that it was important that there was a police presence there. Twit stated that
because Schmidt asked them to come that they would pay it, but that he has a problem with
this. Loso stated that this type of overtime should be run through the Council first. Schmidt
again stated that she thought it was imperative that there be a police presence at the meeting
especially since there were decisions that were going to be made at that meeting. Twit asked
if Meyer was the delegate for the other employees at the previous meetings and if they would
be coming to the rest of the meetings. Schmidt explained that the meetings before had been
during Meyer's paid shift. These employees were off at that time. Schmidt said she would
pass it along that the employees would no longer be paid overtime if they wanted to take part
in those meetings.
9. Public Comments on the Agenda - There were no public comments on the agenda.
~1.ñ~~~ Linda Sniezek read a letter aloud that was given to the Council members in
~ their packets. "Dear Honorable Mayor and Council Members, We would like to address you
for our mother, Rose Viehauser, since she is unable to do so herself because of her
Alzheimer's Disease. Due to our father, Robert Viehauser's untimely death, and our mother's
. . .,,~~ illness, we are left in a difficult situation regarding our parent's home at 212 East Ash St., St.
". Y-,.> I, . Joseph. This house is in a "Living Trust,· which means that while our mother is alive, we
,~f'~~' cannot sell her home. Presently, Mom is in Anington Place, here is St. Joseph, because we
. , \.
Page 3718
April 6, 2000
· feel her quality of life is better there, rather than a nursing home. The problem that we are
faced with, is we need to rent out her house, because we need the income to help pay for her
expenses. We are hoping that you will make a special exception in giving us a variance, or
whatever is needed for us to be able to rent out the house. We have possible renters
already, all of which, are families that we already know. We feel that not being able to rent
out the house is a real hardship and hope that you take this into account when you consider
our situation. We know that when you put on the moratorium on rentals that you did not
intend to hurt our elderly. Thank you in advance for your consideration in this matter. The
Robert Viehauser family and Linda Sniezek." Sniezek stated that she also went door to door
and asked all of her neighbors to sign a petition that states it's alright with them if they rent
out the house. They have a number of families that are already interested in renting out the
house.
Ehlert asked what the time frame she was asking far as the moratorium will end in
September. Ehlert stated that there should be a condition placed on it tl1at it is a temporary
rental license and the it is rescinded upon the death of Rose Viehauser.
Twit stated that this shouldn't even be classified as a license. Instead, it should be a
temporary special permit. If something would change in Rose's status, the pennit would end.
There should also be a six month limit on the pennit before it has to come in front of the
Council again too.
Sniezek said the family would love to sell the house. It's good for neighborhoods to have the
houses filled and not sit empty. Twit stated that if the people that Sniezek has lined up to live
in the house fall through that they still need related people to live there and not 3 unrelated
people. Loso added that the traditional definition of family should be used and not the
· definition in the ordinance.
Ehlert made a motion to grant a special rental permit to 212 East Ash for a six month period
with the understanding that a family would be occupying it and that it is a non transferable
permit that will cease to exist upon a change in Rose Viehauser's situation. In addition, after
the six month period, if no change has occuffed, the permit must again come before the
Council for review. Niedenfuer seconded the motion and it passed unanimously.
11. St. Cloud Sewer Use Agreement - Hiemenz stated that this item was put on the agenda for
infonnational purposes only. We hope that we will be able to come to the next meeting with
some options for financing this project. He stated that he and Schmidt met with S1. Cloud,
Waite Park and Sartell about the Sewer Allocations. Loso stated that it was his understanding
that the City is only at 50% capacity now and that this was projected to be enough space for
the City for the next ten years. Loso stated that the City has so many projects to consider
right now that this doesn't seem to be a priority. Ehlert asked if it would be possible to pay for
this in our sewer rates. He stated that Developers already cringe at our $2085 fee. Loso
stated that in a few years, S1. Cloud may not be the only player in the sewer game. There
may be a district or another City that we could work with. Ehlert stated that if we are
comfortable with our space now, and we don't have a real immediate need for more capacity,
that perhaps it does make sense to wait.
Bettendorf said that we have 600,000 gallons of treatment capacity and 600,000 gallons of
interceptor space. Bettendorf explained the difference between the interceptor and treatment
capacity. Loso asked if the City has already committed to take on S1. Wendel Township.
Hiemenz said that nothing has been agreed to. Loso asked Bettendorf to put together a
graph that shows our capacity and interceptor use from 1986 to the present and also try to
factor in the growth projected. Bettendorf stated that he would put this together, but in the
· past the growth has been slower and more controlled. We will probably be seeing a more
rapid increase in growth now.
12. Maintenance Facility Options - Taufen reported that approximately a year and a haJf ago
he proposed to construct an addition of 45x60 to the existing maintenance shop. At that time