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HomeMy WebLinkAbout1993 [03] Mar 18 {Book 03} fILE COPY ~ Mayor Donald "Bud" Reber Councilors Ken Hiemenz 21 First Avenue NW Ross Rieke P.O. Box 668 Bob Loso St. Joseph, Minnesota 56374 Stephanie Hazen (612) 363-7201 City Clerk/Adm FAX # 363-0342 CITY OF ST. JOSEPH Rachel Stapleton CITY COUNCIL MEETING ~ March 18, 1-9-9'2' (q1 7:00 p.m. AGENDA 1. 7:00 p.m. - Call to Order 2 . Approve Agenda 3. Bills Payable 4. Treasurer's Report 5 . Approve Minutes - March 4, 1993 6. Mayor Reports 7. Council Reports . 8. Police Chief Reports 9. OLD BUSINESS: a) Personnel Policy Manual b) Star City Program c) Ordinance Amendment - Garage and Accessory Buildings d) Sal's Liquor License transfers to BIP, Inc. e) f) 10. 7:30 p.m. City Engineer Reports - West Minnesota Street 1l. 8:00 p.m. OPEN TO PUBLIC 12. 8:15 p.m. Recess 13. 8:30 p.m. Boys & Girls Club, Summer Recreation 14. 9:00 p.m. 15. Clerk/Administrator Reports a) Roske Right of Way Issue b) Truck Inspection c) City Office Improvement Project . d) Spring Clean-up Week e) City and Township Joint meeting - March 30 at 8:00 pm f) 16. Adjourn "- '. w~''"~F"ñrl~ ìÙ'T(Jllr vtl~ ~.-{:' we' I ,í"f\ '{~ - ~~ {1~~(if, , .~ "~}J is t" c] 1 .~.. :;o'V,JI" ,\ o:t tj's; f!, "i '. '~i ,;; ",>>L~£. '" . ,~,"J A \" " ~" E, NOONAN, GROTE, SMOLEY, DETER, COLOMBO, NT, VON KORFF, DEGfOVANN/, AND HOBBS, LTD. A TTORNEYS A T LA W Suite 700 Norwest Center Box 1497 St. Cloud, MN 56302 (612) 251-6700 Fax: (612) 251-5114 March 1, 1993 Mayor and city council st. Joseph City Hall Box 668 st. Joseph, MN 56374 Re: Our File No. 2760.004 D, Michael Noonan Gerald R. Grote Dear Mayor and Members of the Council: William A. Smoley I am writing on behalf of our client, Gerald Roske. He is interested in reopening the negotiations for the sale Kurt A. Deter of property he owns South of County State Aid Highway 75 Barrett L. Colombo and West of County State Aid Highway 133. As you know, the City has discussed acquisition of this parcel from .es L. Wiant time to time over the last couple of years. It is my understanding that the negotiations broke off primarily Gerald W, Von Korff because an agreement could not be reached on the price. The property, which is approximately 10 acres, would be James Degiovanni an excellent location for a new City Hall and fire station. Sharon G, Hobbs David J Meyers 2. 3 Subsequent to the last round of negotiations, Mr. Roske has discovered that the City apparently has constructed John J Meuers an underground sewer line in the right of way of County Road 75. It also appears that an extension of Cedar Thomas E. Kiernan Street may have been constructed partially outside of the right of way on a wedge of property owned by Mr. Roske Roger C, Justin located between the right of way and the railroad tracks. John J Babcock At my client's request, I have briefly researched the Jill A. Pinkert question of whether or not the City had a right to construct the sanitary sewer within the County Road 75 Igor S, Lenzner 3 right of way. My initial finding is that unless the easement states that it can be used for purposes other than highway right of way, there was no authority to Orrin V, Rinke construct the sewer line in that easement. Similarly, of Counsel although we have not done an accurate survey, it would seem that the City had no authority to construct Cedar Street on any part of property owned by Mr. Roske and 1 AdmiIfed toPr8cuce Law located outside of the County Road 75 right of way. . in Ind,ana Roske has also informed me that it used to be Real Prooertv Lal',' Speciaiis; Mr. Certified bl' the Minnesota Staie Bar Associauon possible to enter the 10 acre tract directly from County 3 Admit/eo !() PraCllce La.', m Wrsconsm ~-'. '. '. . Mayor and city council March 1, 1993 Page 2 Road 75, but that the City has removed that access without compensating him for the access which was taken. The only access remaining is from Minnesota street which means he is effectively prevented from subdividing the house from the vacant land and selling the two parcels separately. Mr. Roske would like to sell the 10 acres that has been discussed in the past to the City together with any and all rights and interests he still holds in the County Road 75 right of way. Furthermore/ he will quitclaim to the City any interest he has in the wedge that part of Cedar street may have been constructed upon. Mr. Roske would appreciate some type of response within the next four or five weeks. Specifically, he would like to know if the City is interested in the 10 acres. He is offering to sell the 10 acres together with any interests he has in the County Road 75 right of way and the wedge between the railroad tracks and Cedar Street for the sum of $145,000.00. If the City is not interested in . acquiring his property, Mr. Roske has asked me to research more into the question of what compensation he may be entitled to as a result of the access from County Road 75 that was taken, the construction of the sewer line and the construction of Cedar Street. To assist me in answering that question/ I would appreciate it if you could send to me whatever title evidence you have that gave the City the right to construct the sewer line in an area that Mr. Roske believes was only designated for right of way purposes. It would also be helpful if you have any survey information which shows that Cedar Street was extended in areas covered by deeds or easements in favor of the City. We appreciate your consideration of this matter and we will await your response. Sincerely, RINKE-NOONAN ;/\ {. ~. )11 1\ :\: ; By L, '-~'-"'...J ~J-----^-vt__ /íJames Déq:i;t>vanni . ~/ '/ JD/lo cc Gerald Roske . MARCH 9, 1993 TO: CITY COUNCIL FROM: DICK TAUFEN SUBJECT: TRUCK INSPECTION COUNCIL MEMBERS: There is a Federal Law that states any truck that exceeds 26,000 lbs GVW must be inspected yearly by a certified inspector. We have a few truck that fall into that category. -- Last year we had Lenny Schmitz inspect them for us. The law has since changed. Lenny is a full time mechanic for Scherer Trucking. The law states that he can inspect truck$for his . employer and not for private industry. Some large garages such as Maney, Tenvoorde, etc can do these inspections, the cost of this approximately 65.00 dollars per unit plus repairs. st Cloud AVTI is offering this course on April 26, 1993. The cost is 55.00 dollars. This is for two years and then you must renew it at a cost of 35.00 dollars. I asked our City employees if anybody would be willing to take it, no volunteers yet. I would take the course if the City wants to go that route. What are the City wishes on this? SUP OF PUBLIC WORKS fbL ~ 'J DICK TAU EN . Page 2180 " March 4, 1993 ". 4IÞ Pursuant to due call and notice thereof, the City Council for the City of st. Joseph met in regular session, on Thursday, March 4, 1993 at 7:00 p.m. in City Hall. Members Present: Mayor Donald Bud Reber; Members of the Council Ross Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Clerk/Administrator Rachel Stapleton. Others Present: Daniel Nierengarten, Jean Gustin, stuart Goldschen, Patty Mattern, Dick Taufen, Judy Weyrens, Mike Deutz, Scott Amundson, Dianne Schneider, Dale Schneider, Dave Hollander, Carole Tamm, Claude Menzhuber, Denny Tamm, Mark Zimmer, Leo J. Sadlo, Bill Lowell, Mike Hazen. Aqenda: Hazen made a motion to approve the agenda as amended; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Bills Payable: Hazen made a motion to approve the bills as presented, with a request for further information on a few bills. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 4IÞ Minutes: Loso made a motion to approve the minutes with the following corrections: Page 2175 - Hiemenz requested that the last line of page 2175 . . unsed to be used Page 2177 - LIQUOR LICENSE VIOLATIONS: Hazen requesting to include "Set a meeting to review violations at the second meeting in March." Hiemenz requested to clarify that this is old violations of serving to minors, which the city is now trying to deal with. Loso requested to include that this violation is to be handled as other liquor violations. Page 2177 - PERSONNEL POLICY MANUAL: Include "This information is to be included in a memo to all employees. " Page 2178 - NORTHLAND ADDITION PHASE TWO: Mr. Schmid agreed to provide 8% or $2,700.00 for parkland, as required by the developers agreement. Page 2178 - CABLE COMPLAINTS: Include "The City has received complaints and therefore" at the beginning of this paragraph. Page 2178 - GARAGE AND ACCESSORY BUILDINGS: (continuing to page 2179) - include in the motion - Loso made a motion to table this matter "and refer it back to the Planning Commission to review both the maximum allowed square footage and allowing a storage shed in addition to the main garage. " Page 2178 - (at bottom of page) City Attorney addressed the Kacures situation and recommended that the matter be discussed at the next council meeting, and to close that portion of the . meeting. Page 2179 - EMPLOYEE WAGE RATES: Include information on vacation and sick leave used. Page 2179 -WATER AND SEWER CONSULTANT: Approval was for Leo J. Page 2181 March 4, 1993 . ' . . . Sadlo as water and sewer consultant. Page 2180 - CLERK/ADMINISTRATOR REPORTS: Rachel reported that the League of Minnesota Cities Annual Conference is coming up and asked if the City wants to prepare a city flag. seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Mayor Reports: " \ Read a letter from the Economic Development .L J Partnership, Inc. expressing their disappointment at the City of st. Joseph's decision not to join them as a partner. Mayor stated that he still feels that we are not in a position to become a member and we are not going to benefit from it at the present time. 2) Presented a quote on the work station for the City Clerk's Office secretary area. Mayor Reber presented a sketch of the proposed work station describing the work space. Since the last meeting, Mayor Reber has received one quote on the work area. That quote was from Hennen's cabin-et shop with an estimate of $2,500 to $3,000. Request for quotes have also been sent to st. Augusta Wood Shop, Mike Court and Sy's Cabinet. Rieke interjected that he did some checking on modular work areas, and questioned whether the Council should set a budget, allowing the Mayor & Clerk's Office to make the final decision. Mayor Reber stated that he has gone through the budget, and there are sufficient 4IÞfunds to cover the costs of the work area. Rieke also discussed with the Council the need to purchase new chairs for the Clerk's Office. Rieke made a motion to allow the purchase of a work station for the Secretary, and three chairs, not to exceed $3,000.00. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. COUNCIL REPORTS Rieke: 1 ) On March 11, 1993, the Core Committee is hosting a Forum at st. Ben's, beginning at 7:00 p.m. John Scherer will be representing the City and Rieke encouraged all the Council Members to be present in the audience that evening. Councilor Rieke is involved in putting together a handout that will distributed to the students attending that evening. st. Ben's will be providing the refreshments and Rieke felt that the City should assist and possibly pay for the handout that will be distributed. Hazen made a motion to allow the expenditure, if necessary, to assist with the expenses for the forum, leaving the mechanics to the Clerk/Administrator and Councilor Rieke. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 4IÞ2) Updated the Council on alternative methods of recording City Council meetings. The first method Rieke investigated was tying the recording into a harddrive computer. However, this method is Page 2182 March J. 1993 . , . . 4IÞcost prohibitive. Another method is an upgraded taping system that would tape through itself and then automatically reverse. A second tape deck would start as soon as it recognized the first tape was done. The Clerk's Office could then transcribe from the tape. This method is also cost prohibitive and he will continue to research alternatives. 3) Councilor Rieke also discussed with the Council the role of Clerk/Administrator during the Council meetings. He questioned whether the Clerk/Administrator would better serve the Council in a managerial role during the meeting, rather than taking minutes. Does the Council wish to hire someone to take minutes at all City meetings? Mayor Reber was concerned with justifying the cost. Rieke stated that if at some point we don't have proper minutes, the cost of that could be astronomical. Rieke stated that at this point he is not proposing the City begin this practice, but is something they should consider. Mayor Reber suggested that Councilor Rieke continue looking into the issue. Hazen. No Report Loso: No Report Hiemenz: Councilor Hiemenz attended a local government forum. Topics of discussion included: Where government has come from and where '.... is going, budgets, population shifts and changes, how l\.. 4IÞgovernment actions are changing, pay freezes and how to handle the issue. Also, Joe Bertram and Jerry Bauerly were present and discussed equalization of taxes, and cautioned Cities that they will be controlled how they distribute pay increases to employees. One proposal to aid in control of pay is to withhold Cities local government aid. OLD BUSINESS Personnel Policy Manual: Nothing new to report. Star City Proaram: Mayor Reber stated that the City Council needs to appoint a Councilor to be a member of the Commission. Hazen made a motion to appoint Hiemenz and Rieke to share the Star City member position. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Mayor Reber stated that this information should be forwarded to Greg Rienhart as soon as possible. Ordinance Amendment: The Planning Co~~ission, on March I, 1993, reviewed the Garage/Accessory Building, as requested by the Council. The Planning Commission recommended the Council revise the Ordinance to the following: In an R-1 or R-2 zoning area, each zoning lot shall be allowed one principal building, and a maximum of 2 accessory buildings. In addition a 3rd accessory .building will be permitted, which cannot exceed 100 square feet. An accessory building can be detached or attached from the principal building. The total of all accessory buildings shall Page 2183 March 4, 1993 .. . . not exceed 8% of the total lot coverage per zoning lot. Any building less than 50 feet, such as, but not limited to, dog, tree and doll houses shall not exceed a combined total of 100 square feet per zoning lot. Total square footage of all accessory buildings on a zoning lot shall not exceed 900 square feet of floor area. Loso made a motion authorizing the City Attorney to draft the revised Ordinance with the following considerations: In an R-1 or R-2, each zoning lot shall have a maximum of one principal building and two accessory buildings not to exceed 900 square feet. In addition, one additional accessory building not to exceed 120 square feet sha 11 be permitted. The total square footage allowed per zoning lot shall not exceed 900 square feet. Any building less than 50 square feet s ha 11 not be included in the maximum allowed. However, the total of such buildings cannot exceed 120 square feet. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Employee Wage Rates 1993: The department heads have submitted the employee evaluations for Council consideration. Due to restrictions of the data privacy act and length of time needed to review these, Mayor Reber felt that this issue should be addressed at a special closed meeting. Loso made a motion to schedule a special closed meeting on March 16, 1993 at 7:00 p.m. to discuss personnel matters. The motion was seconded by Hiemenz. . Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Secretary F1,l11 Time: Tabled until March 16, 1993 at 7:00 p.m. Liquor License Transfer: The Police Department is in the process of completing the background check on BIP, Inc. Loss Control Workshop: The insurance company is sponsor~ng a loss control workshop in st. Cloud on April 27 , 1993, at the st. Cloud Convention Center. Hazen made motion to approve the attendance of the Clerk/Administrator, Police ChieC and Public Works Director at the loss control workshop. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Police Officer Position: Tabled until March 16, 1993. Rental Housing Inspector: Mayor Reber consulted with the City Attorney and found their is not a conflict of interest with the Planning Commission Chair also serving as the Rental Housing Inspector. Hub Klein has been offered and accepted the appointment as Rental Housing Inspector. Mayor Reber stated that the position requires approximately 80 hours of work per licensing period. Rieke questioned whether or not Hub would be covered under the City's workers compensation and liability insurance. . OPEN TO THE PUBL I C Page 2184 .. ' March 4, 1993 . 4IÞBill Lowell, Sr. discussed with the Council his concern reqarding a recent article in the st. Joseph Newsleader, in which the names of the individuals arrested for selling to minors were published. Mr. Lowell stated his conviction. When an individual assists the police department in confiscating numerous false I. D. cards, one error in judgement should not be held against that individual, nor should that person be labeled a criminal. Mayor Reber empathized with Mr. Lowell, but stated that the City Council has no control as to what is written by the press. Loso made a motion to recess for 15 minutes at 8:15 p.m. ; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Mayor Reber reconvenned the meeting at 8:34 p.m. Liquor License Holders: Mayor Reber turned the meeting over to City Attorney John Scherer. John ~tated that all the criminal matters have been resolved and convictions complete. The license holders of the establishments have not been charged with anything specifically which puts the City in the position that there has not been an ajudication against the license holders. Since the owners have not been adjudicated as guilty, even though some of their employees were, it would be inappropriate for the Council to 4IÞconsider the matter without the right for an evidentiary hearing. Mayor Reber felt that inviting the bar owners to an informational meeting would be a good opportunity to discuss some of the ideas and proposals of John Scherer and Chief Lindgren. By presenting them at this meeting, both the City Council and the license holders would be hearing the ideas at the same time, and then the floor could be opened for comments and discussion. At the same time, John discussed the proposed amendment to the Ordinance dealing with charging of minors in a liquor establishment. This amendment ~s the result of a recent court challenge, and does not directly affect the bar owners, but the manner in which minors are charged. Police Chief Lindgren had planned on being at the meeting, but was called away on business. Chief Lindgren does feel that there is a continuing problem with underage people being in the bar, and is aware that this problem will .¡..' Chief Lindgren also stated that some bar owners con,-~nue. are very cooperative with turning in false I.D. cards. Additionally, it ~s important for the license holders to inform their employees of all the liquor laws. John stated that the intent is not to ever find any minors in the establishment, but rather a good faith effort on the part of bars to enforce the liquor laws across the board and within reason. In the past, liquor violations have been brought before the 4IÞcouncil and some members have felt uncomfortable being both judge and jury. In a court of law, if a judge is familiar with an individual being charged, s/he would have to excuse themselves Page 2185 . March 4, 1993 ~, . . . 4IÞfrom the case. This is not true when the City Council must serve as the judge, jury and sentencer. Also, the Councll does not have the wealth of legal knowledge that a judge has access to. Therefore, discussion has lead to the possibility of charging the owners criminally and having them charged through stearns County. If violations were charged through the court system, the City would still be monitoring the violations, and could require a hearing before the Council if establishments were being charged repeatedly for liquor violations. The City would not have to decide whether the license holder is guilty or innocent, as that would have already been done by the court system. This is just an alternative that has been discussed. John stated that he is just throwing out the idea for discussion. The standards &. ' .. ' ..or Cl-.lng the owners would be high. John reiterated that he is not requesting any action tonight, but just discussion. Dale Schneider stated that his business is down considerably this year. The Butchershop at St. John-' s allows 18 year olds in the bar and they are consuming a large portion of the market. Mark Zimmer concurred with Dale that the Butchershop is affecting their business because minors are allowed in the establishment. This is also true for the Del-Win Ballroom. Mark felt that the bar owners in st. Joseph have it difficult because the rules in . the two surrounding jurisdiction are different and allow minors in the establishments. Mayor Reber stated that once the minors are allowed into the establishments, the potential for them to drink too great. It is too difficult to control. John Scherer felt that the bar owners in st. Joseph should approach the County, the enforcing agent for the surrounding jurisdictions. Mark stated that he would vehemently oppose the idea of prosecuting all liquor violations through stearns County. Since they are licensed by the City and governed by the City, he sees no reason to prosecute through stearns County. Hazen questioned whether the employees that were cited for selling to minors have had any education, as far as liquor laws. The establishment owners stated that education is provided yearl y. Bill Lowell, Sr. , as well as the liquor license holders present, questioned the selection process of the individual chosen for the sting operation. They all concurred that the individual chosen looked much older than his age. Dave Hollander shared with the Council and those present, conversations he has had with MN Liquor Cont~ol, in which they described to him the process involved in a sting opera'tion. 4IÞMaYOr Reber shared with those present a recent conversation with the Police Chief. In one of the local establishments, on a slow Page 2186 , . March 4, 1993 , , . 4IÞevening when there were only seven patrons in the establishment, six of those patrons were minors. Mayor Reber stated that to him that was disturbing and that is one of the reasons why the Council wanted to sit down with the establishment owners. Loso stated that in the future, he would like to see the buyer appear before the Council as well as the bar owners. He too has received many complaints that the individual used in the sting did not look like an underage buyer. John stated that he is requesting that the City not take any further action on the sting of last year. Rieke questioned the armband Ordinance that was rescinded. John reviewed with the Council the factors that lead up to the recession of the Ordinance, some of which included higher incidents of fights/disturbances and outrage of parents. Reber questioned whether or not the City could postpone adopting the amendment to Ordinance No. 71 for two to five months and see if the Police Department notices any change. John stated that the adoption of the amendment will not affect the bar owners, but helps the Police Department with the enforcement. Hazen made a motion to amend Ordinance No. 71, prohibiting minors .in liquor establishments, as presented; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Rieke questioned whether the Council would be willing to discuss minors in establishments. Mayor Reber stated that if the establishment owners come up with a proposal, the Council would be willing to address the issue again. Hazen concurred, adding that there is no guarantee that the Council will make a change, but are willing to listen to them. Loso felt it is important to have the Police Chief present before any further discussion. Upon John Scherer's recommendation, Mayor Reber requested Brad Lindgren to establish a meeting with all the license holders to discuss current liquor issues. Mayor Reber thanked those license holders for attending. CLERK/ADMINISTRATOR REPORTS Transportation Map: The Planning Commission requested a legal opinion on adopting an official transportation map. They will be meeting with Fred Sandal on March 15, 1993 to further discuss this issue. FmHA Desiqnation: 4IÞ st. Joseph Parish Gamblinq & Liquor Application: Loso made a motion to approve the gambling application and 3.2 beer license Page 2187 March 4, 1993 ~ 4IÞapplication of the St. Joseph Parish for their annual 4th of July celebration. The motion was seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. CORE Forum: As Ross has discussed earlier, the Forum wi 11 be held at Mary Commons on March 11, 1993 at 7:00 p.m. Gamblinq License Application: Loso made a motion to approve a renewal Gambling License Application of the st. Joseph Jaycees to conduct gambling at Sal's Bar & Grill, effective August I, 1993; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Police Chief Conference: Loso made a motion to approve the attendance of the Police Chief at the annual Police Chiefs conference in Bloomington on March 22 - 24; seconded by Rieke. Ayes: Reber, Rieke, Loso, Haz'en, Hiemenz. Nayes: None. Motion carried. Workshop: Loso made a motion to approve the attendance of the following employees at the following workshops: l. Tree Inspector - Jim Marthaler - April I, 1993 -Alexandria 2. street Sweeper - Mike Sworski - March 25, 1992 - st. Paul . 3 . ADA Requirements - Rachel Stapleton - March 16 - Brainerd The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Police Reserve Resiqnation: Hazen made a motion to accept the resignation of Elmer Rakotz as a police reserve, sending him a letter of thanks, and inviting him to receive recognition at the next Council meeting. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Rod ~ Gun Reauest: Hiemenz discussed with the Council that the Rod & Gun Club would like to place some hay in Morningside park for nesting of birds. Mayor Reber requested Dick Taufen to notify Ray Bechtold of this. City Council Aqenda Policy: Mayor Reber stated that he had talked to Rachel about setting a deadline for when items could be placed on the agenda. He feels that all items should be in the Clerk's Office no later than five days before the meeting, with council packets going out no later than three days before the meeting. Mayor Reber stated that this policy will be enforced. Request to Remove Tamarack: Both Mayor Reber and Dick Taufen have 4IÞbeen approached by an individual who wishes to load a trailer of dead tamarack from Millstream. Hazen questioned whether this would be an issue if other residents wanted the same. Mayor Reber Page 2188 , ' March 4 I 1993 4IÞstated that the dead Tamarack is useless to the City and the individual can remove tamarack as requested. Septic Systems: Dick Taufen spoke to Mayor Reber about a potential problem with an existing septic system at 13 - 2nd Avenue NW. With the Minnesota Street Improvement this summer, it is possible that the individual's septic system would be damaged. Mayor Reber has talked to the property owner, and the property owner has no problem with hooking onto the City system. Proposed Salvaae Yard: Mayor Reber was approached about a proposed salvage yard that will be located behind the City Maintenance Shop. The City is concerned with the traffic that would be driving by the Shop. Mayor Dehler questioned whether the road leading to the Maintenance Shop is a public or private road, and whether there is an easement for the roadway. Industrial Park Steet Floodina: The Industrial Park has a low area, causing the street to flood .- One of the owners in the Industrial Park informed Dick that their is a drain out there. Mayor Reber would like the Planning Commission to address the Industrial Park and development. street Siqns -Pond View Ridqe: Lions Club has agreed to purchase the signs for Pond View Ridge, and the City will have to purchase 4IÞ the sign posts. Additionally, the residents in Pond View are requesting street lights. The street lights will be referred to Stearns Cooperative Electric Association. Sandbox Request: lA. reques t has been made to have a sandbox installed at Millstream Park. This matter will be referred to the Park Commission. Overhead Door: The overhead door on the Annex garage is in bad shape and needs to be repaired. Mayor Reber also requested that the Council consider purchasing a door opener for the overhead door. Mayor Reber will research this matter and report back to the Council at the next meeting. Joint City ~ Township Meetina: Bernie Schloemer approached Mayor Reber to set up a joint meeting to discuss annexations. Mayor Reber would like to set up a meeting to discuss what has happened in the past and the future plans. Hazen stated that they had met with the Township last fall, and they had discussed at that time, meeting again in March of 1993. Clerk/Administrator will schedule a meeting with the Township and City to discuss this matter further. LiabiliiY Insurance - Councilor Rieke asked City Attorney John Scherer whether or not the Rental Housing inspector and Water/Sewer consultant would be covered by the City's liability. tit John felt that the City would be covered for liability, but since both positions are not classified as employees, they would not be eligible for workers compensation. Page 2189 , March 4, 1993 " 4IÞwaterlsewer Consultant, Leo Sadlo, reported that he attended the Sewer District meeting, and the City of st. Cloud is considering expanding their existing sewer plant. Enqineer Reports: Joe Bettendorf presented a feasibility study to extend City sewer services to residents along East Minnesota Street. Joe has outlined at two alternatives. The first alternative . ... ..' lift station in the Pond View area. Costs .l..~ pU,-l-lng a could be divided between the Pond View Ridge residents and the lots along the south side of Minnesota street East, also including two lots on the North. If serve that area only, the probable assessment is $6,000 per lot. The risk with this alternative lS that the City must rely on the development of Pond View Ridge. Alternative lA includes the same property as alternative I, but spreads the cost of the 1 ''¡:'' station over the entire Minnesota 1....... Street area. The risk to the City is larger with this option, but a larger number of people would be paying for the system. The second alternative .¡... . the trunk sewer from the DBL labs ex...ena.s area, south across CSAH 75, and ',.¡es t along Minnesota Street to the Pond View area. The gravity sewer would be extended as in alternative l. This alternative provides service to a larger area. 4IÞMaYOr Reber was concerned about the risk factors involved; not wanting to repeat problem situations as experienced with Clinton Village. City Attorney, John Scherer, encouraged the Council to check with the residents in Whispering Pines, to see if they have a desire to be annexed to the City and receive City services. John recoITunended that the City approach the Township to inform them of the project, and then send letters to the residents in Whispering Pines. Bettendorf stated that ' ~ the City would include . ~ .¡,,;., Whispering Pines, they would have to tear up the street and at that time the City would want .¡...,.... install water, sewer, and storm '-v drain. The assessments would be larger for that reason. The numbers presented tonight are only for sewer. Hazen questioned which option Bettendorf would recommend. Bettendorf stated that if ~ .¡... is financially feasible, the ...... preferred option would be 2 or 2a. Hiemenz questioned what the City's financial recovery would be on the alternatives. With alternative 2, the City would be spreading the cost over a smaller area, with existing homes. Risk is very low. This option would also allow for expansion when it is needed. Bettendorf also felt that the time for the City to extend the 4IÞ sewer would be when the County rebuilds Minnesota Street. By doing this, the residents would only be paying for the sewer, not the street restoration. Page 2190 March 4, 1993 , .' . . Loso questioned if the County has a time frame, as to re-building East Minnesota street. Currently East Minnesota street is not in the five year plan. However, the County will place the project in their five year plan at the City's request. If the Legislature designates Minnesota street as a state Aid Highway, the City would hÿve more funding opportunities. If the City is interested in p acing the improvement in the County's five year plan, a letter needs to be sent requesting this. It makes better economic sense to combine the extension of sewer down Minnesota street with a street improvement ' ... Hiemenz made a motion to have a pro]ec\... letter of request sent to County Engineer Douglas Weiszhaar asking the County to include the re-building of East Minnesota street in their five year plan. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Mayor Reber extended the meeting and went into closed session to discuss threatening litigation at ~O:O6. The meeting was adjourned at 10:23 p.m. with a motion by Loso and a second by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. . Rachel Stapleton, MCMC Clerk/Administrator - -