HomeMy WebLinkAbout1993 [11] Nov 18
Page 2421
Novembet~ 18, 1993
P .\t~suant to due call and notice thereof, the City Council fOr~ the City
I of St. Joseph met in t~egl\lat~ session on Thln"sday, Novembet~ 18, 1993 at
7 : 00 p. m. in the C i t Y Ha 1 L
['1EMBERê, PR,gSENT_..!.. Mayot" Donald Bud Reber. Nember~s of the Council Ross
Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Clerk/Administrator
Rachel Stapleton.
OTM~fiS PRE§SNL~ City Attorney John Schet~et"', Deputy Clerk Judy WeYt~ens,
D ir~ . of Public Works Dick Taufen, Pete and Delor"'es Gir~oux, Dennis
St ue ve, Kevin and JoAnn Evens, Leo Sadlo, Bt~ad Fot~nbt"'ook, Bt~ìan Kalla,
Dale Hal..\g, Gary Ter~wey, Ken Twit.
Mayor Reber presented a plaque to Pete Giroux honoring his retirement
as a Firefighter, and thanked him for his y eat~S of set~vice to the F :i.r~ e
Depën~t ment.
AGEN_QA 8PPRO~B1: Hiemenz made a motion to approve the agenda as
pt~e sent ed ; seconded by Loso.
Ayes: Rebet~, Ri eke, Loso, Hazen, Hiemenz.
Nayes: None. Not i on car~t~i ed.
N IJ.'~UT~ß =- Hazen made a motion to approve the minutes of the November 4
meeting; seconded by Hiemenz.
Ayes: Re bet"', Loso, Hazen, Hi emenz.
I Nayes: None. Rieke abstaineed. Motion cat~r~ied.
ªLLLS PAYABLEl Judy Weyrens, Deput y Cl er~k, pt~esented the bi 11 s payabl e.
Loso made a motion to approve the bills payable as pt~esent ed check
numbet~s 18971-19003; seconded by Hiemenz. Discussion - Hazen asked if
the ovet~payment fees wer~e not deducted from the hookup fees. Weyt~ens
stated that this is the balance of them, and those that pt~epaid wet~e
deducted from their hookup fees.
Ayes: Rebet~, Ri eke, Loso, Hazen, Hi emenz.
Nayes: None. Motion car~ried.
Council discussed the ovet~time and cal J. Ol.!t s. Rieke made a motion to
appr~ove the overtime and callouts and to allow Virginia Gustin to carry
her Labor Day holiday ovet"' to Ch t~ i s t mas t i me. The motion was seconded
by Hiemenz.
Ayes: Rebet~, Ri ek e, Loso, Hazen, Hiemenz.
Nayes: None. Motion cat~r~ied.
TRgASU....ßgB~ B.S£,QRT: Hazen made a motion to approve the t¡'~easut~et~' s
r~e pot~t for Oct ober~ as pt"esented by Deputy Clerk Weyrens. The motion
was seconded by Hiemenz. Discussion - Depreciation was accounted fot~
in the s ewet" fund wh i ch made it appear~ out of balance.
Ayes: Rebet~, Rieke, Loso, Hazen, Hi emenz.
Nayes: None. Motion car~t~ied.
I MAYOR REPORTS: 1 ) Decor~at i ve lighting on Minnesota Street needs to get
completed. 2) Dennis Stueve has requested to pat~l.( towed snowbir~d cars
on the back of the annex par~king lot. Hiemenz made a mot ion to allow
the Mayor and Mr. St '.!ev e t 0 wO\'~k out an agt~eement and to allow him to
pat~k t owed cat~s on the back of the pat~k i ng lot d!wi ng the inter~im. The
motion was seconded by Ri eke.
Page 2'+22 I
November' 18, 1993
Ayes: Reber', Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion car~t~ied.
3) Ma yo t' asked the Council to r~econsider' pr~ev i OI_\S action that pr'OV ided
f 0 t~ the r~emoval of tht~ee pat~k i ng stalls on 2nd Avenue NW by Minnesota
Str~e et. Loso made a motion to r'escind the action of July 15, 1993
which r~emoved t hr~e e parking stalls on the east side of 2nd Avenl.\e NW,
by Minnesota Street and allow the par'king places to r'emain. The motion
was seconded by Rieke.
Ayes: Reber~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion car~r~ied.
Rieke asked J. R. St I.\d i nsk i to leave the ar'ea on the south side of his
bl.\siness open, by the COt~net~. He stated that would not be a pt~ 0 b 1 em.
He asked if he could par~k on the boulevar~d ar~ea. COI.\nci 1 did not
d i s C 1.\ S s this t~eql.\est .
4) Five str~eet light s have been installed on 91st A v en 1.\ 12 .
5) Joe Bechtold, Township super'visor~, has discussed an agr~e e ment fOr~
snot.'J pI owi ng. The Township ItJi 11 plow all of 91st Avenue and the City
will plow Lynx Road to Lancer Road, Lancer~ Road to CR 134 to CR 75, CR
134 to the end of 88th Avenue by the Del vJi n Ballt~oom, 95th AvenlJe ft~ 0 m
7th Avenue SE and East Baker~ Str~eet i nt er~s ect ion to the end o 'f Maur' i ce I
Palmet~shiem dt~i veltJay, 90th Avenue ft~om East Minnesota Street to Lynx
Road. Dick Tal_\fen is agr~eeable to this. Hiemenz made a motion to
appt~ove the agr~eement as laid out; seconded by Hazen.
Ayes: Reber~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion cat~t~i ed.
Ed Joe Bechtold also stated that St ear'n s CO I.\n t Y will begin the pr'oce s s
of t ur~n i ng ovet~ some t~oads to the local j ur~i sd ict ions, including
Ridgewood Co I.\i'~t , which is by the new lift station. He asked if the
City would be willing to take it t~athet~ than the Township. Council
r~ e f e tVr~ e d the matt er~ to the City Engineer'.
7) Ma y ot~ asked if the County Engineer~ had t'e s pond ed on the r~equest to
paint a Cr~ossltJalk in fr~ont of the Ch I.\i'~ch. Stapleton st at ed he has not
yet r~e s pond ed.
COUNC I L. REPORTS
HAZEN: At the ir~ last meeting the F ir~ e Boar'd discussed the need to look
fOr~ mOr'e r~oom fOr' t r~Ucl{ stor~age and a new tr'uck. They wond e'r~ed if St.
Ben's would consider donating land fot~ a fir~e station. t1'\ayor Re ber~
st at ed that this is not the time to be thinking of this matt e'r', becal-lse
of the cost to the taxpayer~.
LOê.,O: 1) Loso t'ecommended hir~ing war~ming house attendants. Rieke made I
a motion as r'ecommended by Loso, to appt'ove hir~ing Michael Bel..\ning,
Robet~t Zimmer~, and Steve Notch at minimum wage; seconded by Hazen.
Ayes: Reber', Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Notion cat~t~ i ed.
2) The Par~k Boar~d held a p'-lbl ic hear~ing on Clover~dale and Ho 11 o~..¡ Par'k
tot lots. Loso questioned if these pat~k s would fall un d e t~ the
t'eq 1.1 i r~e m ent s of dedicated par~k s, as advised by the Ci t y Attorney. Loso
t~equest ed to be allowed to discuss this matt et~ ItJÍ t h the City Attor~ney.
Page 2423
November~ 18, 1993
The Counci 1 was in gene1'~al ag1'~eement to allow him to discuss it.
3) The Lab school will need to have gambling authorization, along with
theh~ annual fish f1'~Y fund 1'~a i 5 er~. They will be making application fOr~
it.
4) Loso also asked if Burlington Northern has been contacted to open
the Fh~st Avenue NW railroad crossing to access Northland Addition.
Council ag1'~eed that the 1'~ai l1'~oad is difficult to negotiate with and
that they normally do not allow additional cr~ossings. Dick Taufen will
discl.\ss this matter with a representative of the rai h~oad. Council
r~eql.\est ed that this matter~ be placed under~ 0 ld business.
HIEMENZ: 1 ) Hiemenz stated that he has been app1'~oached i f ther~e is an
actual st1'~eet between the Reber property and the railroad tracks, and
if it could be opened up to get to the pt~oper~t y that lies west of the
Lyman Hull pr~oper~ty. Mayor stated that he does not t~ecall any platted
sb~eet thet"'e. Hiemenz stated that ther~e is intet~est in opening it up.
Counci I r~efet~1'~ed the matter~ to the City Engineer.
2) Notice went Ol..\t on p"('oh i bi t ion of pa1'~k:i"ng on the st1'~eet s fot~ wi nt et~
pat~king stated that this is in effect fr~om 2 a. m. to 6 au mD The
Council agt~eed to put notice on the next wat et~ bi 11 s. Off i cet~ 1'r1e y er~
stated that they normally do not t icl-<et afte1'~ 6 a. m. Council was in
genet~al agt~eement to keep the hours as stated in the ot~d i në.'Ince fr~ 0 m 2
a. m. to 7 a. m. and to note the er~r~or~ on the next wate1'~ bills and ask
the newspaper to note this correction.
DlJiECTOR OF:. PUBLIC WORKS REPORTS: Dick Taufen 1'~epor~ted that 1.) the
maj or~i t y of the signs at~e up. Some of them in the 1'~epor~t ar"'e the
County's responsibility and Taufen stated that he had discussed them
with the County. Also discµssed were the Stop sign at 3t~d Avenue and
Ash St r~e et NE. They discl.\ssed putting an ar~m on the stop sign 01'~
placing the stop sign on the west side of the tr~ee 01'~ installing a stop
ahead sign. The Council was in g en er~a I ag1'~eement that they wanted the
change to lessen liability. Taufen stated he will tal ~< to the pr~opet~t y
o\.'me1'~ and wOr~k out a solution with him.
2) Maintenance will install ë.'I small skating r~ink to the n ot"'theë.'I st of
the hockey rink, on the outside of the fence. Rieke stated that th er~e
still needs to be equitable time fOr~ the skatet~s to skate on the big
r~ink, as well as hockey player~s. Mayor~ ag1'~eed that the extt~a t~ink will
be fot~ the gt~OUp who is not scheduled on the big 1'~ink.
3) Taufen stated that he is scheduled fo1'~ .jU1'~y duty fr~om November~ 29
thr"'ough Decembet~ 15.
4) Mr~. Scht~amel from Burlington Northern talked to Taufen with
concer~ns about the shor~tcut that has developed Ol.\t of NOr~thland
Addition to Co. Rd. 2 along the railroad tracks. He would like city
assistance in p1'~event ing this shO"r~tcut act~oss the t r~acl-< s. Mayor~
f"'equest ed that Taufen tell Mt~. Scht~amel that the City is i nt er~e st ed in
opening up the C1'~OSs i ng at 1st Avenue NE and the City would lil-<e to
discuss both Cr~OSS i ngs at the same time.
5) The Santa train will be held on November 27 this year~n The COI.\11ci 1
was in genet~al agt~e e m ent to light the Christmas decorations beginning
on that day.
6) The pole by the Linnemann Inn where the Season's Greetings bannet~
was hung in past yeat"'s was moved. The Lions Club has offer~ed $300 f01'~
a new pole, I<-Jhich could be placed behind the Church fence if allowed.
Council felt it is i mpor~tant that the pole does not det1'~act fr~om the
beautification pr~O.j ect. Mayor~ Reber offered to donate an aluminum
Page 242/~
November' 18, 1993
po 1 e. Taufen st at ed that he is also concer'ned with i nt er'f er~ence of
2idsting Ii ght s and vJh~es and 1: hat anothe'r~ alte'r'native is to hang the
bann e'r' ac'r~oss the s t 'r~ e e t in fr~ont of Dave's Realty. Tal-lfen I¡J ill
d i S C 1.\ S S with a 'r'ep'r~es,entat i \Ie of NSP, which would be the best option.
7) CU'r~bs fOr' par'k i ng wer-'e del i v e r' e d to the Anne:-< pa'r~k in 9 lot. Taufen
stated that they a'r-' 8 not pinned d o 11m yet and e x p'r~ e sse d co ÏI c e 'r-'n fo'r'
damage to them, d'xr'ing snot.'JplovJing. COl-lnci 1 wa':; in gener'al agr~e e m 8nt
to have maintenance 'r~ e m 0 v e them and st o'r~e them at the maintenance a'r~ea
d IXr' i n 9 the ~·Jinter'. They can be r~e placed in the s p'r~ i n 9 , ~,ft e'r~ the lot
is st'r~iped.
8) 1967 F or'd tr'uck was r'eplaced with the 1978 mod e 1- Council a~weed to
have the t 'r' 1.\ do{ adv 8r't is ed fo'r' sale in the St. Clol..\d Times and the
League of 1'1innesota Cities magazine.
C)) Hazen asl-<ed if Taufen will cont inl..\e to do <.:........ 'r' 0 1.\ tin e r~epor~t . This :i,s
something th¿:it the Council did not pa s s. Rieke asked if Taufen \o'Jould
pr'efer~ to continue this r~e pOr-'t. Taufen and the Counci 1 felt that this
ì s ¿:¡, good method of discussing matt C'r'S vJh i ch 'r~elate to his depa'r~tment.
10) T a 1.1 fen also st at ed that t~·JO of the hOl-lses in the newly annexed
a'r~ea ar~e having pr~obl ems vJith thei'r-' ~·Jat e'r~ se~~vice. IT1¿\ i nt enanc e j <'
,:;}
monitor~ing it.
PEPART ;1ENT HEADEl BEE'ORT: Rieke made <:;\ motion to set up a schedl.\l e fo'r~
,-Ül dep¿H~tment heads tQ r~e pC.H't at meetings; ~..¡ i th one r-'e pOr~t pe'r~
meeting.
Ayes: Rebe'r', Rieke, Loso, Hazen, Hiemenz.
Nayes: None. 1>'10t ion car~r'ied.
E'OL. I CE f.LI;:.E'ORT: The Police Chief ~·Ja s unavailable, but the Council
'r' e vie ~.J e d his Wr' i t t en ~'epor't . Hazen sti"t ed that at the last C 0 1.\Tì C i 1
meeting an individual õ.'\ttended and spoke on behalf of the m i no~'s
dr'inking, and if t h er~e is that much of a pr~oblem, t h er'e should be high
n '.1m be'r~ s in that catego'r'y in the 'r~epo'r~t . Ma y O'r~ Re be'r~ stated that the
City At t O'rTI ey is t.'JOr'k i ng on this sit ua t ion. Office'r~ t>1eyer~ '~tated that
they a'r~e not always, able to cite individuð,ls vJho they believe have been
ch'inking in a bar-', b...d.; can ~'n'ite them up fOr-' being in a bar und e'r'2,g e.
Hazen Ç;\sked if the Chief is wO'r~k i n 9 on the und er-'a g e p'r~ 0 b 1 e In. Loso
r~e it e'r'at ed that it is in the atto'r~ney; s hands at the pr'esent timEì.
ÇLERtl.AQtrlINI STRATOg, m,::po.RIE.l.. 1) The apa'r~t ment s need s e pa'r-'at e
ther'mostats to 'r'egulate the heating. Loso made a motion to appr'ove up
to $300 fOr~ s e pa'r~at e the~~mostats in each apð.'r"'t ment; seconded by Rieke.
Ayes: Rebet', Rieke, Lo~,Q, Hazen, Hiemenz.
Nayes~ None. Motion cð.'r"''r'i e d.
2) Delinquent ~'Jat 0r' bills have been sent Ol-lt and have 'r'Eceived
'r~esponses on them. The cl..\'r~'r~ent system is wOr~k i ng to cont 'r~O 1 the
del inquencies.
3) St'r~eet lighting p'r~oposal fOr' the net.'Jl y annexed a'r~ea is stilJ being
~·JOr'k ed QI"rt: . The light by Lynx Road could be installed ~'J i tho 1.1 t
difficl.\lty. Rieke made a motion to have a str~eet light installed on
Lynx Road by 90th Avenue; seconded by Hiemenz. Discussion: 1,1 a y 0 r~
r"'eco m iii end ed that the Ci t Y stay ItJlth the ~'JO od en poles and keep the
lighting system similar' to the existing lighting in the city.
r1YE'S: Reber', Rieke, Loso, Hazen, Hiemenz.
1',1<3.yes: None. 1'1ot ion car'r~ i ed.
Pa~)e 2'+25
November~ 18, 1993
- L~ ) Bob Heim pr~O po s ed to f ac i 1 ita t e the City/Township study at a cost of
$60 per~ meeting, and $30 per~ hour~ including e x pen s e s. Rif:.'ke m",lde a
motion to accept Bob Heim's p'r~oposal and let him and the Township know;
seconded by Hiemenz.
Ayes: Reber~, Ri eke, Lo so, Hazen, Hiemenz.
Nayes: None. tr10t i on can'~ i ed.
5) Stapleton asl-:ed the stat us o f Mr~. Molohon's suggestions fr~ 0 m his
study which was done. Hazen stated that the Councilor~s r~eceived
information about a month ago on this mat t er~. Council stated they
received another consultant's Pr~oposal this fall, and requested the
mat t er~ be put on the next agenda.
6) Stapleton reported that she attended a meeting that Judy .Johnson of
the State Auditor's Office discussed the Fire Relief Associations
r~epor~t s and problems with them. She also discl.\ssed that 'the Local
Gover~nment Aid payments fOr~ the F ir~ e Relief Associations has been held,
until corrected reports are submitted. The City has much
r~esponsibility in the pension plans, with fiduciary responsibility.
7) Stapleton reported that she wi 11 be gone on vacation ft~olTl D(;?ce m be'r~ 4,
tht~o'_\gh DecelTlbet~ 13t h . Hazen stated that thet~e is a pr~obl em with that,
and that Stapleton was assigned to do the t'r~uth in taxation hearing on
the 7th. Stapleton stated that she would do the b~I_\th in taxation
hear~ing Or~ would have Judy prepar~ed to do it.
OPEN TO THE PUBLIC: j'oAnn Evens asked if Ron Euteneuer would be
attending. Stapleton info'r~med the COI.\Ïlci I that Nt~ . Eut eneuer~ had
stat ed that he ~Jill try to attend after an earlier meeting, if he wi 11
be able to leave it ear~ly.
Hazen made a motion to recess at 8:45 p. m. ; seconded by Rieke.
Ayes: Re ber~, Ri el<e, Loso, Hazen, Hiemenz.
Nayes: None. Mot i on car~t~ i ed.
Mayor Reber reconvened the meeting at 8: 30 p. m.
ADA REPORT: Br~ad Fot~nbr~ook and Bt~ian Kalla of SEH presented an
accessibility sUr~vey which they completed on the ci ty bui ldings.
Fornbrook discussed the American with Disabilities Act civil r~ights
legislation. This act cover~S the at~eas of employment, public set-'vices
and transportation, pub I ic accommodat ions, and telecommunications. The
f ir~ s t step is to do a survey and the set up pr~ i ot~ i tie s to establish a
plan of implementation. This study covers reasonable accommodations to
the existing public facilities and the costs to meet t~equ i 'r~e ment s of
the act. Costs ar~e estimated as follows:
City Hall Offices Complex.....29,530.00
Centennial Park................B,180.00
Nillstream Park................6,700.00
Millstream Softball...........16,460.00
Memot~ial Park.aaø...aa...øn.øa.7,630.00
R R . . . a _ . . . . . . . . . . . . . . . Q . . . . ~ ------------
. II . . . II . U It . a .. . M .. . . . II A a II A A U 1& . " . . 68, 5t)(). ()()
This is a construction cost estimate and does not include ar~ch it ect I.n~¿:il
Ot~ engineet~ing fees Ot~ fees wi th the pr~O.j ect itself. The inter~iot~ of
Page 2/+2£,
t\lo v e m ber-' 18, 1993 -
the ma i nt en~:\Tìce shop ,3nd the F i r-'e Hall \..¡er"'e not add'r'essed because it
\'Jê;\ S felt that these we~~e not facilities fOr~ the gener~al public. If
th(~se facilities ar'£, used fOr~ public p 1"\ r' p 0 S e s such as public meetings
they ltJ 0 u ], d be r~ e qui r~ e d to meet the ADA standar~ds. Ma y o~' Re ber-' n at ed
th¿~t cO'r~r'ect ion s have alr~eady been made tQ the entr'ance to the back
door-' of ci ty hall, and r'ecommended that the city pr i 0 ~~ i t i z e the needed
CO~-"r' e ct ion 5, to begin making them.
ª-\.JJ LDI NI2. I NSPECT I ON SE 13 V ICES _:c_ Dale Haug discl\ssed with the Counci 1 that
he had been appr'oach ed if he ~'JQuld be available fO'r~ building
inspections se'r~vices. He st<:''\t ed trlat he \·Jould have people available
fOr' daytime inspections and evening appointments. 1'1ayor~ Reber asked
M)'~. Haug to Wr-' i t e t\P a pr'O po sa 1 fOro, him to consider"' pr~ i Or~ to the
appointments the f ir~ s t meeting of the y ear~.
ÇJLD BUSINESS
PLUIYL121..I:-IG/HEATjNG IN~PECTpR POâJTIO,li:_ Hazen and Hiemenz ~'Ji 1 1 wOr-,k on a
.job descr'iption.
~LT REET tiU ;1Bt;: RING §YSTEI'r1: Co unci 1 r'e viewed pr'o po S ed or~d i nance
¿,mendrnent number-' 3111 M2\ Y Or~ Reber-' r~eql.\ested that the City Attor~ney is
consulted to SE'2 if he j s a\·Jar~e of the r~eql\ìr~ements of the 911
numbe'r"'ing system.
!"JAIER TOWER ILLU ;lI_NAIJOI\!, PROPQSAL~_ Rieke stated that he is familiar-'
~'J i t h another' company th2\t does illuminB.tion. He ~.J ill discuss this
company v'Ji t h the Ci t Y Engineer~.
tIDOIiU£ FEES =~ D~b, \.-AB.â AND. LI NN_EMANN I NN.....:_ Council discussed the s tat t\ s
of hoo!-<up fee':> for-' these pr-'O pe'r~t i e S and that the Ci t Y has not 'r'ece i 'v' ed
the St at e F ir~ e ;1ar~sha 1 1 ' s r~epO'r-.t on the Linnemann Inn nOr-' on the City
Annex Api~r~tments.
JOB DE;,§CRIPTIONS: Council disc1Jssed the statlJs of the job des Cr~ i pt ion s.
Loso made a motion to have the cUr~r'ent job descr"'ipt ions pr"'e sent ed ¿i.t
the next council meeting fot-, the C 0 1.\11 C i 1 to d ì s C l\ S S ; seconded by Hazen.
Ayes: R e b e r~ , Riel-<e, L.oso, Hazen, Hiemenz.
Në:\yes: None. Motion catT'i ed.
ELE;AL I G!,~ ,;1E:;NT .oF_ ÇOUNTY ROAld. 133:.. The Planning Commission will discuss
this i ssuell Ma y 0 r~ Rebe~' stat ed t h¿,t this is an i m PCH~t ant issl\e tQ
r'e<.:,ol\1e.
8MENDMENl IQ ORDINANCE 89 ßICYCLES. ROLLgR BLADES AND SKATEBOARDS:
Council will discuss wh(~n the ¿~ttor~ney is pr'esent. Loso questioned if
the Ci t Y has the d,ght to r~ e s tr~ i ct act i 1,1 it Y on County r"'oads.
RIGHT Of. WAy" PROPs.RTY ACQUISITION REQUEST: Utilities have been asked if
they have any c 1_\ ~-,~-, e n t o ~-, flJt U'r~e plans fO'r~ the p'r~oper~ty at the n 0 r~t h e a s t
cOr'ner-' of 2nd Avenue and 1'r1i nn e sot a Sb-'eet whe'r'e old highway 1:':'.-,
....¡,;:.
pr' e v i 0 l\ sly c l\ r' v e d . The City is r~ece i 1,1 i ng 'r~ e s p 0 n S 12 S f t~ a m them"
b..!NI\1EI"J,8Nri INN ~_ Counci 1 r~ e vie It-J e d and d i s C 1.( sse d the r~ecommendat ions f'r<\om
the Planning Commission on the Linnemann Inn, including the P¿'I r-' kin g
lot. Concer'n s ~·Jer~e that the Council has not app'r'O v eo specific plans
Page 2'+27
~ November~ 1H, 1993
and r-'ecommendat ions f1'~om the Planning Commission. Rieke p1'~oposed and
the Counci 1 concu1'~r-'ed , to have the people who have par~t i CI.\ 1 ën~ concet~ns,
pr~esent them in wr~itten fOr~m fo1'~ the City At t o'r~n e y to r~eview and mat.<e
¡'~ecommendat ions to the Council.
POLI,Çy' ªºOK: The office staff has begun cataloguing it.
VENDING ~ACHINES: Counci 1 discussed with City At t or~n e y John Sch er~er~
the sit I..\at ion wh e t~ e a city employee has L~ pr~i vat e 1 y owned vending
machine in the city hall. John stated that if the employee can offer~ a
ser~V ice as well Or~ better~ than another~ per~s on, i:¡.nd it does not take
away ft~om the employee's time, and it is a ser~vice that has been
d et e1'~m in ed as a need, and as long as anothe1'~ employee does not
exper~i ence pr~e s s ur~e to use :i, t, he did not see it as a pt~O b 1 em. Hazen
stated that the Co I_me i 1 did not know it was the employee's individual
machine. Aft lH~ further discussion Loso made a motion to have the
machine taken out; seconded by Hazen.
Ayes: Loso, Hazen.
Nayes: Re ber~, Rieke, Hi emenz. Motion failed.
Rieke stated that a fait~ mar~k et situation should be establ i shed,
thr~o'..\gh pr-'oposal s.
NO I SE COtr1PLA I NT m:~PEAL t Gar~y T er~we y appear~ed befor~e the Council to
r~equest an appeal to his noise violation. City Attor~ney stated that
thet-'e is no f or-'ma 1 appeal pr~oces s, but thf~ Council may t~econ sid e1'~ the
violat ion. Gar~y stated that he felt that the noise was not extr~eme,
but can be hear~d at the pr~O pe1'~t y line, which is near~ to the house.
tr1ayot~ Reber~ stated that the noise \.'Jas docl.\ment ed by the pol ice, ""nd
that it was annoying to people in the ar~ea. Rieke stated that at the
hear~ing it was clear~ that thet~e was a violation of the noise or~dinance,
and that loud music was playing at 1: 51 a. m. Rieke stated that he felt
the penalty was ver~Y fair~ and ast.<ed i f the1'~e was something else in the
sit uat i on that was not bt~O ught out at the hea1'~i ng. Ter~wey b1'~ought up
compar~isons to other~ r~ental pr~ope'r~t i es. tr1a y Or~ Reber~ asked if the
Counci 1 wishes to r~econsider~ the action of the last meeting. Th er~e was
no change in the actions of the l""st meeting on this issue. Maym~
Re ber~ stated the action is finaL
ST JOSEPH FIRE RELIEF ASSOCIATION: Ken T\<'J it, r~epr~esent ing the St.
Joseph Fin,~ Relief Association, appeë:n~ed be f or~e the Council and stated
that the Stat e Aud i t Or~~ s office has det e'r~m i ned that ther~e has been some
cal cl_Ilat ion pr~obl ems with the r~elief association r~e p01'~t s. They have
d et e'r~m in ed pr~oblems with many relief association~s r~epor~ts thr~oughout
the state. In 1992 the Boat~d r~aised the pension effective Se pt e m ber~ 1,
1992. The State Auditor~'s Office r~ev i ewed all the Relief Associations
this yea1'~. The state d et et~m in ed that the deficit f1'~om that inct~ease
was not r~et i 'r~ed because the calculations should go to bact.< to ,J an uar~Y 1
of that year~. The needed amount fOr~ this deficit is $1,700. Rieke
made a motion to app'r~() v e a r~es()lution which acl'<T1owl edges the debt of
$1,700 to be paid in 1994. The motion was seconded by Hë\zen.
Ayes: Reber~, Rieke, LQso, Hazen, Hi emenz.
Nayes: None. Mot ion car~r~:i. ed.
Page 1~428
No 1,1 e m ber-' 18, lS<J3
Ç] T'{ IlTIORJiEY REE'gHTS
FE;t:LCE Çgtr1PLA JJ:,:!T ;. (41 5th A 1,1 en Ué N~J. ) City At t or~n e y r~eco m mend ed that
the Counci 1 view this as any building con s t r-'uct ion in the City. The
Building Inspect 01'-' issued the per~m it and if he feels ther-'e is not
compliance he sholJld talk to the pr' 0 per~t y o vJ n i?'r~ to get '.... In
1 I"
campI iance. If the p'r'opet't y ov-mer-' dOE'S not comply ~..¡i th the Or~d er' of
the B'Úlding Ins pect Or' then the Council and Attor'ney may get involved.
He Wë.n~n ed the Council about m i Cr' 0 managing, vJher~e an individual i ~,
hi'r'ed to enfor~ce his ~3.·r-· e a, and suggested the Building Inspector' be
d i r-'I?ct eel to det£'r~mine campI iance. The Counci 1 r~ e qui 1'~ e d that the Ci t Y
Building Ins pect O1'~ ch eck the height of the fence.
Rieke stepped dOv-J!ì fr~o m hi 0-, cha ir~.
tr1a yo 1" Reber~ discussed the height of the fence, Rieke ste,ted thiÜ ~'Jhen
the pr~o,j ect is completed v-Ii th landscaping it \l-d.ll be in compl iance.
1'1 a y 0 r~ He be'r~ stated that at tiì e last counci 1 meeting the Co Ixnc i 1
1'~ e q l\ e ~; t e d that Rieke have a tOi-:icity test done, a 5 u1'-' 'I e y of the
pr~oper'ty lines and the Ci t y Building Inspector~ to check the heighth of
the fence.
R i e i< e stated that he has 1'~ e que s t e d ~>n-'itten communication f1'-'om the ci ty
on all 'r-' e que s t s , and is ql.\est ioning if the city has the r~ight to
suspend the per-'fíI it. Rieke stated he is confident that the mat e 1'-, i a 1 is
not toxic and is ~'J ill i n g to Q ff e'r' ~,amples to the city fOr' them to test.
RiGke also st at ed that on Oct 0 ber~ 18 the B'.\ilding Ins pect O'r' and Bob
Loso met on the pr'oper't y and wer~e confident of the pr' 0 pe'r't y lines.
Rieke J..' to be ~..¡illing to \l'J 0 r~ k with the Evens, the adjoining
conl"lnues
n e i 9 h b 0 'r-' , to establish confidence in pr'O p e'r-'t y lines \.'J i th them.
Hazen questioned \l'Jhat happened to the J..' made at thü last meeting.
mOl"lon
She stated that the r' e was a call made to the police to go to the sc·en e
becal.\se she 1'-'ece i v ed ¿~ complaint. Sch e'r~e1'-' stated that the police can
Wr' i t e a ticket if they ~..¡itness a '.iÍolation. NOr~mall y this type of
incident, ~"Jhich is not typical of ~>Jh at the Police handle, is 1'~e f en'-'ed
to the At t 0 1'~ n e y' s office.
Ma y 0 1'~ Re ber-' st at ed H'lat the or~d i nance \.'i ill be adh er~ed to. Sch er-' e1'~
st¿<,ted that pr'O p er't y lines shol..\ld be deter~mine thr~ol.\gh loc¿<.ting stakes
if it has not been done. Also if the'r'£? is str-'ong evidence that the r~ e
is a Cr' e 0 sot e pr'oblem, then that should be d e t e r~ m i n e d .
The 1'r1ay O1'~ extended the meeting fOr' 15 m i n 1_\ t e s at 1 (I : 00.
Sch er'8r' hesitated 1"(~ql.\est i ng testin~l unless ther-'e is str-'ong ev idf?nce
that ther~e is c'r~e 0 5 ot e. E;ch e 'r' e 1'-, also suggested that the city get costs
fOr' testing the mate'r'ial. tr1a y Or~ Reber~ felt that it should be tested.
Riel<e st£lt ed that he felt he ~"Ja 5 being over-' SC1'~IJt in i z t:d beCal\Se of his
po'~iti.on on the C 0 1.\ íì C i 1 . The Council ,3. 1 S 0 discl.\ssed h,3.V i ng the Ci t Y
Engineer~ 1 ocat e the pr~O per-'t y line. Th e'r~e vias conside1'~abJ.e discussion
on the esta,blishment of pr'O pe'r't y lines.
Ir1 ¿i y 0 'r~ R e be r-' extended the meeting fO'r-' 1"" minute'.:; at 10: 15 p. m.
~ '-'
Page 2'1,29
November~ 18, 1993
Hazen lYIade a motion to contact Twin Ci t y Testing to get costs to do
tests, and if it is less than $100 appr~ove to havc~ them ~let samples and
test them, and to appr~ove hir~ing ,-an independent Building In':5pect Or~, \.'Jho
would be Dë\ 1 e Haug, to d et er~m in e the location of the pt~oper~ty line and
\.'Jhether~ an additional sl.n~vey is needed. Reber~ seconded the motion.
Ayes: Rebet~, Lo so, Hazen, Hiemenz.
Nayes: None. 1710t ion C<'::'\r~r~ i ed.
Rieke t~equested the following pr~ocedu'r~e be adher~ed to when city
officials visit his pr~oper~ty concer~n i ng this issue:
L Adequate ¿idvance not ice 01 1..\ st be given.
2. Wr~itt en documentation p'r~o vi d ed to him, ver~ifyin~~ the r~ i ght of
the official to be thet-'e, so he may be ëlble to consult ItJÌ th his
legal counsel, pr~io'r~ to the visit.
.:s. Rieke \.'Jould be allowed to meet on his pr~opet~t y with the
visiting city officials.
Hazen t~equest ed that the documentation be r~e viewed by ). egëÜ counsel fot~
the City, befor~e it is sent out. Scherer recommended that ill copy of
the minutes of this meeting is sent to Rieke, as documentation.
Rieke r~e s um ed his chai r~ at 10:20 p.m.
N9.JS~ YIOLATIONS PROÇ,EDURES: Sch er~er~ pr~esented an incr~ease in the
pr-'oced I_n~e s to include notification of violation will be sent to owner~
and occupants of the pt-'oper~ty and that a notice to the pr~opet~t y () wn e t~
wi 11 be sent r~e g u 1 ~u-, mail and cer~tified m,:3.Ì l. Hazen made a motion to
appr~ove the change in pr~ocedur~e s fot~ noise violations as pt~C~ sent ed;
seconded by Hiemenz.
Ayes: Re ber~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion ca'r~r~ i ed.
cIODY-UP CHARGES: John Sch er"'er~ pr~esen'{;ed i nfor~mat i on fOr~ P\'~oposed
amendments to \,oJat er~ .:."nd sewe'r~ o'r~dinances :1* ,~~l.i.::: and L~2.L~ Subdivison ,-,
'::. "
These amendments will clar~i fy h 0 o~< up chat~g e s to the tAl at et~ and !:,ewet~
systems and .:.:,,1 low fOr~ setting s e par~at e char'ges fOr~ var~ious types of
uset~s. Hiemenz made a motion to appr~ove dr-'aft i ng amendment~; as
¡)'r~o po s ed to or~d i nance 41. 2 and L~2. '1' Subdivision ï:::; seconded Hazen.
Ayes: Re ber~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion car'r~ i ed.
QB9BHI ZATION AND P ROÇEI2.!) RES, DC ÇITY, COJdNÇIL: Scher~et~ stated he has
looked fOr~ specifics 1:r~ 0 m var~iol_\s sour~ces. AnQther' SOIJ'r'ce may be a
home r~U Ie char~ter~ city. This pr~oposed o'r~d i ï1<,::'\nce is p'r~c)bë:lbl y not of
ur~g ency to adopt. He r'eco 01 mend ed t h <=''1 t the Counci 1 'r'eviewand cons ide'r'
this issue and give him feed back pt-'ior~ to cons idet~i ng adopt ion.
Council r~equest ed that this mat t et~ is 'r~etained on the agenda und e'r~ old
business.
rOW U~G. QF, CARS: Mayor~ Rebet~ asked if the City assumes liability in
allowing snowb i r~d5 to be pa'd<ed on city pr~oper~t y on the pë\'r~k in H lot.
Sch e'r~er~ stated th2\t pr~O bab 1 y not much mOr~e t hê:in t ht~o u~~h ot h e'r~ city
ser~'v' ices. The contr~act pr~O 'I ide s the means fOr~ towing and a cer~tificate
of ins Ur~¿'lnce should be pr~ 0 v ide d to the city by Dennis StueVE).
P<"';,ge i:::L}3()
N 0 V E? m b e r-' i 8, 1')93
8I1EN])NENT TO ORDINANCE 89 ~, Aft er~ d i s· C 1.\ So s ion of cla¡'~ificatioTì of ¡"O 11 er'
skates and blades, and al_\thor~ity to r~ e £, t r~ i ct u~· e on county r~oads, Hazen
nl¿,de a mot ion to app'r~o v e an amendment to Or'd i nance 89, contr'oll ing
bicycle!;, r~ 0 lIe r~ skates, and skateboar~ds in cer~t ai n ar~eas of Ninnesota
S tr' e e t and College Avenue; seconded by Hiemenz. Discussion - Rieke
questioned ' .t:: this would pr'oh i bit 5 kat e boar-'d s on the s tr~ e e t . Counci 1
11
gener'ally stat ed that it would in specific a r~ e as.
Ayes: Reber~, Rieke, Hazen, Hiemenz.
Nayes: Loso. ;lot ion ca'r~r~i ed.
STR,E,.::ET tiUt'i~J.::R I NO: Council discussed if this or~d i nance amendment
con f o'r~m ed \.'Ji th the 911 system. At t o'r~n ey stated that he \.',Iould r'e s e ar~ch
this matter~ fl.\\"1; h er~.
TRUTH ill TAXATION HEARINJ3-1. Stapleton asked the Council's per~mission to
allow Deputy C 1 e r~ k Judy l·Jeyr'ens give the pr'8 sent at ion at the Tr'I.\th in
Taxation hear~iÍlg on DecE' m ber' 7 Or~ to be all 0 \.'J e d to give the
pr'E? sent at ion at the r~ece s s ed h e a 'r~ i n g date of December 15, due to a
scheduled vacation. R motion ~·"as made by Hazen to postpone the
Dece m be'r' 7th h e ¿1:r~ i Ii g to December' 15th; seconded by L050.
Ay E' S : R e b e r~ , Rieke, La so, Hazen, Hiemenz.
Nayes: None. ;lot ion car'r~ i ed.
ADJDUI3N :_ Hazen made a mot ì on to adjour~n at 10:35 p.m. ; seconded by
Riel-<e.
Ayes: Reber~, Rieke, Lo S 0 ~ Hazen, Hiemenz.
Nayes: None. I'lot ion Ca.r~r~ i e d.