HomeMy WebLinkAbout1993 [12] Dec 16
Pë~ge .:::¡+5i.~
Dece m bi;:'r-' iG, i ()()3
PUr~suant to due call and notice t h er~e 0 f, the City Counci 1 1"0'(' the Ci ty I
of St. j'oseph met in 'r~e £! u 1 ar~ session on Thur~sday,! Dece mbe)'~ 16, J.9'33 at
7:00 p. m. in the St. Joseph City Ha 11 .
~l?lILI;H?.T ~ b.::.g,.'§.~.nJ:,l 'i¡¿~ y 0 ¡,~ Donald "Bud" He be¡'~. Me m btH~s of thE~ Council R C) ~; s
Ri eke, Bob Loso, St ephan i e Hazen, Ken Hi emenz. Deputy Cl e'r~k ,Judy
¡"Jeyr~ens.
ºjJl€?l'.:,~, p¡'~ ~_§_~I.Lt.L Ron Eut EJneUe~~, Dick Taufen, Leo bad 1 0, Steve Deh I er~,
El mer~ Rakotz, Le<..~nd er~ Z i pp, DO'r~ is Johnson, Dick Stock, Joyce St ocl-<, Pat
Eh}. er~t, Timothy War~nemunde, Ðr~ad Lindgr~en, Bob Li ndgr~en, 1'1ar~k Lamber-'t,
Joe Bet t end or~f, John Scher~er~, Rachel Stapleton, Br~ad 'Y1eye)'~.
lill..P.Io""y"§, 8.B..g,.m:! a :_ Hie men z made a motion to app~~ove the agenda as
pr~e sent ed ; seconded by Hazen.
Ayes: Re ber~, Ri eke, Loso, Hazen, Hiemenz.
Nayes: None. ìiloi; ion C<..n~r~ i ed 5:(>:()
~~LL!...~~ E:ª~'i..f~Þ l_~L~.. Los 0 made a motion to app\'~ove the bills paY2\ble as
p'r~esent ed; seconded by Hiemenz.
Ayes: Re ber~, Rieke, L.oso, Hazen, Hiemenz.
Nayes: None. 'Y10t ion Car~r~ied 5:(>:(>
p v~~}.:: t i me§.:. Ç,§t!.J_.Q..!Jt s : The Council ~~e viewed the ove~~t i me and call outs,
~'Jh i ch included the acc1'~ued balances fOr~ benefits. A memo should be I
sent to all employees r~emindin~1 them that hol :i,days must b£~ used within
30 days of ear~ning, and only five (5) vac<..~t ion d·3.Ys may be c,:¿n~r~ i ed into
the next calendar' yea~~. Hiemenz made a motion to apP~~o v EJ th£~ ove~~t i me
and call outs as p'r~ e s e n t e d ; seconded by Lo so.
~~yes: Re ber~, Ri eke, Loso, Hazen, Hiemenz.
Nayes: Non e. 1~1ot ion C<..n~'r~ i ed 5:():(>
I r~ ~§\ s I_V::gJ::,~ R e 8 g..r::~t.l. De p 1_\ t Y Cled{ Judy I.-Je Yr~en s p\'~esented the November-'
1993 T~~easur~er~> s r~epor~t. Hazen made a motion to app~~ove the r~e pOr~t as
p¡'~esented ; seconded by Loso.
Ayes: Re ber~, Rieke, Loso, Hazen~ Hiemen:,:::.
Nayes: None. !Ylot ion Cë:n~r~ i eel ~S:(}:()
8..PJ2l"'Q,y a 1 0 f M i rll.\t e s : Loso made a motion to appr~ove the filinut{~s as
follows:
December~ c., 19'33 with cOr~r~ect ion s:
Page 2428: Sb~eet L i 9 h t s. . . ¡VIa y 0 \'~ Re ber~ stated that he I¡-.,Ias in
er~~or~ and the str~eet lights along 91st Avenue have al r~eady been
installed by the r~esidents.
Decembe'r~ 7, 19'33 with cOr~r~ect ion s :
Page 2438: ITie m bers p\"e!H?nt to include Ross Ri€~I-<e.
December~ 9, 1993 as p~~e sent ed.
The motion was seconded by Hazen. I
Ayes: Rebe~~, Rieke, L.oso, Hazen, H:i.emen~~.
Nayes: None. rilot ion Car~'r~ i ed 5:()~()
Page 2455
Dece mbe'r~ 16, 1993
MAYOR REPORTS
Pl ªIUÜ..T}q M.,~t§rL:tDq,_t Na y 0 r~ Rebef~ met with representatives of the Convent
of St. Benedict to discuss their future planning. The Convent of St.
Benedict has h ir~ed a planning fir~m to assist them with f l\ t m"e plan s.
The Convent wants the City to be awar~e of their~ futuf~e plans so they
can be taken into consideration as the City grows.
St.r~~~, IdJl.bi'¿,,;... Nayor~ Reber~ discussed the 1'~ecent beaut i ficat ion pr~oj ect
and the decorative str~eet Ii ght i ng. He felt that the str~eet lighting
might be mOr~e effective i f ever~y othef~ street light on the nOr~th side
of Minnesota Street wef~e t un1 ed off. The Council agf~eed to in st r~uct
the City Offices to consult \.'Ji th NOf~the'r~n Stat es Powe1'~, and r'equest
that every othet~ light be t I_n~n ed off fot~ a tr~ial per~iod. The Counci 1
would then review the lighting and make a recommendation.
Eº..L:tÇ.-ª' º~..P.ª.t",:t!llen_t...:_, As Commissionet~ of the Police Depat~tment, the Mayof~
t~eq ue s t ed that all concerns with regard to the Police Depar~t ment be
placed in writing and submitted to hi m. Mayor~ Rebe1'~ wi 11 r~eseat~ch all
requests and report back to the Council. This pt~oce s s cOI..\ld save
valuable time at the COl..mci 1 tabl e.
COUNCIL REPORTS
ROSS RIEKE
- No f~ep01'~t.
STEPHANIE HAZEN
-
b..9.n.i...D...g, ª!~\lL~__:t;i TU. Haz en f~eq ue s t ed the C i t y Co I.mc i I consider purchasing
the booklet "A Pr~act ical Int1'~oduct ion to Zoning". The booklet is
discussed in the December~ 10, 1993 League Bulletin. Hazen made a
motion to approving the Pl_\r~chase of "A Pr~act ical Intr~oduct ion to
Zoning" fOr~ all Planning Commissioners and two for the City Council and
City offices. The motion was seconded by Hiemenz.
Ayes: Re ber~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Mot i on Cat~r~ i ed 5:0:0
M,§rc~, bMb ~J::.:L~_ Naf~k Lamber~t appear~ed before the Planning Commission
requesting approval of his pr~e 1 i m i nar~Y plat. The Co 1,.mCi 1 t~eco m mend ed
appt~oval unanimously.
êb..';:\ILD.§m.'l.._?.. W..p_t:æ12i..~t~_t The Planning Commission r~ecommended appr~oval of
the special use t~equest of Shannan Hinnenkamp to oper~at e an upholster~y
business in an i ndl_\str~i a 1 at~ea. They also requested that the Council
consider requiring the pt'opet~ty owners to conduct <:\ Phase One
Env i r~onmental Assessment. This matter~ will be coming befot~e the City
Counci 1 on Januar~y 6, 1993.
º--ª.Qar~.tmgll.t I::!.ªaç!, R.ß.I;mr.t'§J.. Haz en 1'~eq ue s t ed that the City Offices notify
the next depar~tment head that is to t'epo·r~t to the City Council. The
Council has already heard fr'o m the Police Chief and the Public Works
Di t'eCt ot~.
Pa( e 2456
De c e m be 'r' 16, 19<:13
BOB LOBO
-
\,J\;iljt ~ t,\Ll,)_~_; Counci 1 Or~ Loso ~~equested that the Council consider~
r'evie~·Jing the pr~oce s s fOr' utility bills. Some r'esidents have ex pr'e s s ed
concer~n to pay the it~ utility accounts on a budget ba s is. Residents
~·Jould be char~ged the same amount each month vJ i th a catch IJp bi 11 once a
year~. This pr~ocess is cur~~~ent I y available t hr~o ugh the I.\tility
companies such as NOr~ther~n St at e s Power~.
Leo Sadlo questioned the collection of delinquent accounts and control
the Ci t Y wOI.\ld lose. The Council ~~as in agr'e e m ent to place this mat t e'r-'
under old business and in st ~~uct ed the City Offices to r~e s ea~~ch this
mat t e'r-' and r~epor't back to the Counci 1.
KEN HIEMENZ
?1:;ª~ Ç). t YJ" The St ar' Ci t Y has met tv~ice and is in the p~~oce s s of
expanding the Committee. They will be coming back to the Council
requesting app~~oval and ~~evision of the Or~d i nance go v er~n in 9 the body.
t'leet i ng dates have been established on the second and four~th 1>1 0 n day s at
7: 3() a. m. of each month.
8J:?J~ §t!~g.e_'t E;ª_~L:_ Hiemenz questioned the status of the debr~i s and
r~odent p'r~O b 1 em along Able Str'e et East. ~·Je Yr~en s stated that the
pr~O per~t y ovm e~' has been notified and inst~'ucted to clean up the
pr'opert y ~.Ji t h i n 30 days.
POLICE CHIEF REPORTS
-
Police Chief Br-'ad Lind¡.:wen stated that his depar't ment has been very
bl.\sy, including some unique ca s e s. The Counci 1 discussed the Novembe~~
1<:193 incident complaint r~epo'r~t . Counci lo~~ Hazen questioned
Chief LiT1dgr~en as to vJhether' Or~ not the compl.\t er~ soft vJar'e would alloVJ
him to compar--e the cUr~r~ent year-' to the pr-'ior~ yea~-'. If this could not
be done with ease, it ~~ould not be n ece s sar~y to complete. Chief
Lindgr~en stat ed that he would check into the matter~.
ê_~_\ad_ çª_~ Reql.~~§j:;_:_ Chief Lindgr~en stated that the FOr~d is in tough
shape and has been going t h~~o ugh b'r~akes 'r'a pi d 1 y. The FOr'd is v e ~~ y
costly on maintenance. Th er~e f or'e, Lind gr~en is r~ e q 1.1e:? S tin 9 author~i zat ion
to pm~chase a 1.<:1<:14 F 0 ~~d Squad Car~.
I_indgr~en has r'ece i ved a quote of $ 10,89g.00 fr~ 0 m Super~i Or~ FO'r~d fO'r' the
1994 FO'r~d Squad Car~. This is a standar~d ca~~ \.'~i th the police pu'("sui t
packag e. The lights and c¿'Ige in the cl..\r~r~ent car~ can be t r~an s f er~r'ed to
the nevJ ca'r~. The cost of t r~an s f er~r~ i n 9 the equipment is between $ 900
to $ 1, 000.
Lindgr~en also ~"equest ed the Council consider allowing the nevJ car~ to be
painted vJi th the gr~é\ph ics. The De par~t ment has used all the doo'r' badges
and would need to have additional ones pr~inted. The cost of p~~ i n tin 9
n e~~ badges and decaling the car~ ar~e almost the same, vJ í th the cost be
appr~OX i mat e 1 y $ 250.00. The Counci 1 ag~~e ed to discuss this mat t er~
aft er' the car' has been pl.wchased.
Pag€~ ;:;:457
December~ 16~ 1993
Lind g1"~en also 1"~equested the Counci 1 consider push bumper~s fOr~ the ca)'-"n
- It is becoming har~der-' to place the s i r~en in the g1"~id. An alter~native
to this is to install push bumpe1"~s. I f the City \o'JO u 1 d have had push
bumper~s on the existing car~, the damage would not have OCcur~1"~ed ear~ 1 i er-'
this year~ on the pat1"~o 1 car~. It ~." ill be i mpo1"~tan'c fOr~ the City to
adopt a policy with 1""egar~d to push i ng ca1"~S if bumpe1"~s ar~e allowed.
The total cost of the car~ wi th the t r~an s of e1"~ of equipment and push
bumper~s is $ 13,000.00. The 199/+ budget includes $ j.i+, 000. 00 fOr~
pUr"chase of a police veh icl e.
Councilor Loso 1"~equested that the Council consider approving the
pUr~chase of a second r"emote fOr~ the Eme1"~gency S i1"~ en. The r~emot e allows
the s i 1"~en to be sounded in the case of an emer~gency fr~om the squad car~.
The cost of the 1"~emot 12 is $375.00.
Loso made a motion author~i zing the expend it ,-we of $375.00 fOr~ a 1"~emot e
fOr~ the eme1"~gency si1"~en, to be pUr~chased fr~om Fr~ont Line Rescue, and
installed in the seconded police vehicle. The motion was seconded by
Hazen.
Ayes: Reber~, Rieke, Loso. Hazen, Hiemenz.
Nayes: None. Notion Ca1"~r~ i ed 5:0:0
Hiemenz made a motion autho1"~izing the expenditl.\1"~e of $10,899 f01"~ a 1994
Squad Car, and $ 200.00 f01"~ push bum per~S. The motion was seconded by
Rieke.
Ayes: Rebe1"~, Ri eke, Loso, Hazen, Hie rn en z.
Nayes: None. Notion Car~r"ied 5:(>:()
Chief Li ndgr~en stated that the car~ should be ar~r~ i v in g sometime in late
Dece m be1"~.
Counc:i,lor~ Loso questioned the r~ecent letter~ of Chief Lindgren and
stated that he wasn't questioning the i nt e g1"~ i t Y of the Police
Department at the December~ 2, 1993 City Council meeting. Since the
Counci 1 is fiscally r~esponsible, he questioned an expend i t I..n~e of time.
Counci 1 Or~ Hazen stat ed that she concur1"~ed with Loso. Add it i onal]' y, she
stated that other department heads ar~e also questioned on matt er~s of
concer~n . Councilor Hiemenz stated that he feels, at this time, the
Police De p¿,'n~t m ent is functioning .....fH~y ~."e 11 and in his opinion the Chief
is per"fo1"~ming ext1"~emely \o'Je 1 ]. .
CLERK/ADMINISTRATOR REPORTS
J.ª nlJ!_ºt:':_:!.p-,t S ~:r~ v i ~ ~.-t The City Offices has only received one bid to clean
City Hall and the An n ex. The bid was f1"~ 0 m Er~tken Cleaning Se1"~"'" ice fOr"
$138.00 per~ month. The fee includes all supplies and tax fot" cleaning
eve1""y week. Hazen made a motion to accept the bid of Er~tken Cleaning
of $138.00/mo fot~ cleaning se'r~vices. The motion was seconded by Loso.
Ayes: Rebe1"~, Ri eke~ Loso, Hazen, Hiemenz.
Nayes: None. Mot i on Ca1"~r~i ed 5:():()
~,Q. Is cJ::1i d a ::: e.llª-.s ~_ "U" §r a 11!_ 8 P.P.J.j,J;~ t tnu_ Ed Tschida has offe1'~ed his
s er~V ice s to complete the Phase II Gr~amt application fot~ the
Page 2458
Decembe~' 16, 1993
consolidation effo~~t . The char'g e s far' these se~'vices ~.J 0 u 1 d be $500.00.
The Tot.'mship has not contacted the Ci t Y as to theb~ thoughts on this
matter'. Ma y 0 r~ Reber' stated that he would have a har~d time acting on
this t.'Jithout feedback fr~om the Township. CounciJ.o~~ Loso didn't feel
the Ci t Y shol.\ld spend additional money on the application. He stat ed
that had the Ci ty finished highe~~ he might have a d i ff er~ent opinion.
Loso made a motion to not complete the Phase II gr~ant application at
this time. The motion IrJ a s seconded by Hazen.
Q.Ls_º-,=\ s ~Ü--º.iJ.!_ Counci lOr' Rieke felt that the Ci t y needed to see this
gr~ant application th~~ough. The Ci t y has al r~eady expended $ 400.00, and
we need to keep going.
Rieke made a motion to amend the motion to the continue fOt~wa~~d
~.J i th the g~'ant application, but I_\S e Ci t Y Staff and Township per~s onn e I
to cOlilplete the application. The motion was seconded by Hiemenz.
Vote Call on amendment:
Ayes: Re ber, Rieke, Hj,emenz.
Nayes: Loso, Hazen. Iflot i on Car'r'i ed 3:2:C)
Vot e Call on amended motion:
Ayes: Reber~, Rieke, Hazen, Hiemenz.
Nayes: Loso. Motion Ca~~r-' i ed 4:1:0
Çj,JLqr-:'i?J:; t ~_ ~ b._i 9..'=\.9l~ k-j_~~_n ~~~ La s 0 made a motion to appr'ove the f 011 Ot.'J i n q
Cigarette, Am 1.\ s e men t and Liquor' Licenses f 0 ~-, the 1994 Ca I endar~ Yea~~.
The motion was seconded by Rieke.
Ayes: R 12 b e ~~ , Rieke, Loso, Hazen, Hiemenz.
Naves: None. Motion Can~i ed 5:0:0
st. Joseph Liql..\or~ Shoppe: Ci ga~~ett e License
St. Joseph Rec Assn: Cigar'ette. On-Sale (NU
St. Joe Gas & Bait: Ciga~~ette
La Playette: Ciga~'ette, Amusement (g)
Am er~ i can Legion #328: Cigar~ette, Amusement (3 )
Loso's ;1ainstr'eet Pub: Ciga~'ette, Off Sale (NI), Amusement (7)
Sal's Bar~ : Cigar~ette, Off Sale (NI), Amusement ( 11)
El Paso Club: Cigar~ette. Off Sale (NI), Amusement (9 )
St. Joe Meat Ma~~ket : Cigar~ette
Loso's St or'e : Cigar'ette
f-i,r~ebsbach Oi 1 : Ciga~~ette
SI_\per¡:¡m er~ i ca: Ciga~'ette
M & T Liquo~~: Ci ga~~et t e *NI denote Non Intoxicat :i,ng
St. Joseph Saints: On Sale (NO
Bo Diddley's On Sale (NI>
$~},~_t ?_ª n dj.-D_9._:_ Pub 1 i c ¡"'Jor~k s Di~'ector~, Dick T al.\fen has l^eCent 1 y been
contacted by st. Ben's Secur~i t y to sand the ent'r~ance to the College.
Taufen has ql.\est ions as to IrJh 0 has the author~ity to call out the
Maintenance Department. The Counci 1 agr~e ed that the Ci t Y does not
maintain pr~ i vat e pr~O per~t y. Befor'e tr1a i nt enance Per'sonne 1 is called out,
the Police Depat~tment wi 11 vet~i fy all t~equests. May Or"' R e b e t~ stated
thi."It he would info~~m Police Chief Lindgr~en on this matt er'.
Page 2459
Decembe"r~ 16, 1993
- ~...<::"i:Lex~ Shut Off :_ The house located at 111 Colleqe Avenue !\Ior~t h is in the
pr~ocess of being demolished. When the wat er~ line was installed, a cUr~b
box was not installed, ther~efor~e the City cannot shut the w¿:d:; er~ off.
Taufen is r~equest ing autho"r~i zat ion to h ir~ e Gene Lange to excavate the
ser~vice at cost o f ap¡::n~o x. $300.00. Loso made a motion author~i zing the
expenditl..\"r~e up to $300.00 to r~epair~ the wat et~ set~v ice at 11.1 College
Avenue Not~th. The motion li'laS seconded by Rieke.
Ayes: Rebe"r~, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Notion Cat~t~i ed 5:0:0
!:::Iº..,IJ2..~_ N l.!J!Lº-ª..t~iD..r;u.. Ben Poepping has offet~ed his ser~v ices to assist with
the stt~eet numbet~ing p"r~ocess. Tk. Poepping has wOr~ked with st. Cloud
and St eat~ns County w:i,th r-'egar~d to str~eet number~ing. The Counci 1
"r~eq I.W s t ed that the City Offices contact N"r~ . Poepping to o bt a in a
pr~O po sa 1 fOr~ such ser~vices. The Counci 1 will considet~ this matt e"r~ in
Janua"r~Y,
Rºª,r~:tmg!!t Rªpa t:r:.§,I, Th e t~epai t~S as t~equest ed by the F ir~ e Nar~shall fOr~
the City Annex apar~t m ent s have been completed. The tenants have had to
move all of the ir~ possessions fr~om the th i "r~d floor~ to the second floor~.
DI..\"r~ i '0 9 this pt~ocess, it was noticed that the only sw itch to light the
pOr~ch was outside the apar~t ment. Hiemenz made a motion al.\t h Or~ i z in 9 St.
Joe-Cold Spr~i ng E 1 e ctr~ i c t 0 "r~ewi t~e the light so it can be t ur~n ed on
from inside the apar~tment. The mot ion was seconded by Lo so.
Ayes: Rebet~, Riel-<e, Loso, Hazen, Hiemenz.
Nayes: None. !'r10t i on Can~i ed 5:0:0
9ß w ~: Qtª..LI;.tg_ B e,flI",tê_~t t K e v in and Jean Sch i t"m er~S 1'~ece i ved sewet" sel~V ices
in 1992. Since the installat ion, the wat et~ met er~ has needed to be
'r~epair~ed t h'r~e e times. Taufen is t~equest ing that the City r~epair~ the
m et er~ in Decembet~ and t~ead the met er~ as nO"r~mal in Mar~ch . Since the
s eli'ler~ t~at e is based on the winter quarter reading, this method li'lould be
consistent with the City Policy. This met er~ would not be r~ead again
I_\ÍI t i 1 Mar~ch of the 'Fo 11 owi ng yeat~. Hiemenz made a motion ¿,,\cce pt in g the
"r~ecommendat ions of Publ ic ¡"Jor~ks Director Taufen, and r~ead the met e r~ in
Mar~ch of ever~y y eat~. The motion was seconded by Loso.
Ayes: Reber~, Ri eke, Loso, Hazen, Hiemenz.
Nayes: Non e. Notion Ca'r~t~i ed 5:0:0
ç,i, t~ Ç,Q.!,\ÍI cj..j.iI:'.l..';\ÍI TLi n q C ºm m..ts s:,LQR;.. Th 12 Planning Commission has r~equest ed
the Ci ty Counci 1 establ ish quar~t er~l y meetings with the Planning
Commission to discuss matter~s of concet~n. Hazen made a motion to
establish q uar~t er~ 1 y meetings between the City Counci 1 and Planning
Commission, effective Januën~y 1, 1994. The motion was seconded by
Hi emenz.
Ayes: Reb€n~, Ri eke, Loso, Hazen, Hiemenz.
Nayes: None. Notion Cën~"r~i ed 5:0:0
OPEN TO THE PUBLIC
DOr~i s Johnson, r~epr~esent i ng the st. Joseph Sno Joes, spo~(e with r~e gat~d
to the snowmobile t r~a i 1 s tht~ough St. Joseph. The h~a i 1 th"r~ough St.
Joseph is pat-'t of the state Gr~ant & Aid T¡'~ai 1 s and :i. S s 1.IPPOl'~t ed by 13
Pag€? 2460
December 16. 1993
d i ffer~ent cll.\bs t ITr' 0 ugh 0 ut the ar~ea. The r'ecent fencing of Monl_\ment -
Par~l< has caused a gap in the b~a i 1. The b~a i 1 thr~ouÇJh r"'onument Pa~-'k is
par't of the 20 miles of tr~ ail the Sno Joes maintain. The par~t of the
Pa~'I< that is not fenced is not ~'Ji d e en 0 l\ 9 h fo~~ the g~~oome'r~ to pass
t h~'o ugh. The Sno Joes und e'r'st and and r~ealize that the fence was
installed to p~·'ot ect the tr'ees. Hovle\ler~, the Sno Joes ar-'e willing to
pUr'chas e and install fence that ~·Jol.\ld pr' 0 vi d e a CO~'r~ i d Or' thr~ough the
Pa~'k.
I;¡ayor~ Reber~ st at ed that the Counci 1 may have 'r~eact ed hastily and
'r~ealize the pr~O b 1 em with snowmobiling thr~ough the par'k is nQt a fa l\ 1 t
of the Sn ovJ Joes. In fact, the Sno Joes have always assisted the Cit y
by educating the snot.'Jmobi 1 er~S.
Hazen made a motion to al1ot.'J the st. Joseph Sn 0 Joes to change the
fencing at ;lonument Par~k , creating a COr'r~ i d Or' t h'r~o ugh the Pa~'k . All
the t r~e 12 S will ~~emain inside the fenced a~'ea. The motion was seconded
bv Loso.
,
Ayes: Rebe~', Rieke, Loso. Hazen. Hiemenz.
Nayes: None. Motion Car~r' i ed 5:0:0
Public W CH~ k S Di r~ect o~-, T a 1_\ fen questioned the need to place signs in the
COr"r'idor' as to war'n pedest'r'ian tr' a f f i c .
OLD BUSINESS
Hazen made a motion to table discussion on the follovJinÇJ Old Busine,:"s
Items:
b) Pll.\mbi ng/Heat i ng Inspector Position
c) BI..\Í ld i ng Inspection Pr'opos¿d
e) Realignment of C 0 I_m t y Road 133
g) ROl.J P~'oper~t y Acquisition Request - Schne ider~
i) Policy Book
k) ADA Prioritization Plan
1) Hook'.\p fees - DBL Labs
q) Linnemann Inn
and to del et e the following fr·'om Old Business:
h) Job De SC'r~ i pi; ion s
J) Molohon Suggestions
The motion was seconded by Lo sa.
Ayes: Re be~~, Rieke. La so. Hazen, Hiemenz.
Nayes: Non e. Notion Ca'r'r-' i ed 5:0:0
H¿.,z en made a motion to r-'ecess at 8: 10 p. m. The motion vJas seconded by
Loso.
Ayes: Re ber~, Rieke, Loso, Hazen, Hiemenz.
f'., ayes: None. I'lot ion Can~i ed 5:0:0
;layo'r~ Reber reconvened the meetin~ at 8:20 p. m.
Page 2'+61
December~ 16, 19(~3
Hazen made a motion t h ¿,i t effecti....e Januat~y 1, 1 g9L~, ¿,i n y business und et~
Old Busines,s which is to be discussed at the meeting will have an
aster~isk <*) placed in 'F'r~ont . All aste1'~isk items will be placed f ir~ s t
and continuous unde...~ Old Business. The mot ion was seconded by Hiemenz.
Ayes: Re ber~, Ri eke, Loso, Hazen, Hi emenz.
Nayes: None. Motion Car~r~ i ed 5:0:0
(h~'lttD..ª,D..Ç:~ 8m ~..!1.,º-l!u?n t" ::. QX:,çt ª-D..g_ e.):-::'9J;_~Ç!t_\t~2. <J.f" ç.Q2::mç1J.:. Hazen made a
motion to amend O...~d i nance 21 D 2 as drafted by the City At t 0 r~n 12 y, with
the deletion of 21. 2 sl..\bd 1 (g) . Counci I 't1ember~s shall h<:'\ v e the
ability to communicate d ir~ect I y with the League of Ninnesota Cities
concet~n i ng City Business. The motion was seconded by Rieke.
Discussion: R i e ~O? felt that it is impo1'~tant to identify all the
ch¿'inges. Mayor~ Rebe'r~ felt that it is i m pOr~t an t fot~ the IYJayo'r' to have
d ir~ect access to the consultants, and this pf"'O po s ed amendment, limits
the Mayor~. The Counci 1 agr~e ed to ch an 9 e the amendment, author~izing
the Mayot~ to have d ir~ect access to all the City's consultants.
Ayes: Rebe...~, Rieke? Hazen, Hi emenz.
Nayes: Loso. Motion Cat~r~i ed L.:1:0
§!.rm ü b s ,:ÇJ.....I_\Ct i 0 D.. =, Jrd ! B.â!l;. Th e stop sign at the i nt el'~sect ion of 3t"'d
Avenue NE and Ash Str~e et East has been moved fr~om its' pevious location
to a position d Ï'r'ect I y in fr~ont of the t r~e e, thus allowing g...~eat e...~
visibility. The tree has caused the i nt er~sect i on to have a bli nd sign.
Moving the sign should alleviate this pr~oblem. This mat t e...' can be
t~emoved fr~om Old Business.
E..ê..nq~ ç"º n s t 1::!J.Ç.tiJLTl ç_º-"!!J~,L'ª-tn t .t The Counci I acknowledged the r~ece i pt of ë\
letter~ fr~om Ross Rieke outlining his concer~ns and possible r~esoll..\tions.
The Counci 1 agr~eed to table any further discussion on th:i,s matt et~ unt il
the Janua'r~y 1994 meeting.
9J'~-ºj_.D anç'..ê.. 8..m?_t:Ld m.!?_n t ::. §..t r~ e e t N I~Lm t:L~Y~ ~D"gl C i t y At t or~n e y John Scher~er~ has
pr~esented a pr~oposed Or~d i nance Amendment for~ the Counci 1 to consider~.
The matter~ was tabled to the Janual'~Y 1994 meet ing.
St..r:..!?.tt Liqb.:LtDJl pr~OPO§..!?-...l...t The Council i:\cl-<n ow led g eel r~ece i pt of the
pr~oposal submitted by St ear~n s Cooper~at i ve Electr~ic. Since the lighting
cannot begin unt i 1 s pr~ i n g of 199L~, the Council r~eque st ed that Mr~.
Or~ndorff of Stea...~ns Cooper~at i ve be invited to a Co 1..\11 C i I meeting in
J<:<.nua,...~Y 1 9gL~ to discuss the Pr~oposal . The Counci 1 also discussed this
matter~ with City Engineer-' Jc.e Bett endor~f who will r~esear~ch the issue.
Q.a ?-º...Li rL§!.. E~t.'.9.QQ..gl~L:,_ Th e Ci,ty has a thr~ee year~ contr~act with the fuel
suppl i er~s fOr~ the City. Howe v er~, since one of the suppl iet~s has ceased
ope'r~at ion the Cii;y needs to r~econside)'~ the fuel contr~act s. Hazen made
a mot ion to offer~ the two fl_\e J. suppl ier~s cm~t~ent I y under~ the cont r~act
the oppo...~t un it y to supply fuel fOr~ equal ter~ms. The motion was
seconded by Loso.
Discussion: Rieke discussed the option of dividing the 'fuel
ser~vice between the t hr~e e fuel stations in the City Limits. Even
though one of the fuel suppl i EH~S owns two of the stations, he st i 11
pays taxes on two par~ce 1 s and Ri el-<e feels that we need to be sensitive
Page 2462
Deee m ber' 16, 1993
to that mat t e r' . Co un c i lOr' Loso dis¿,gr'eed and stated th,3.t the ft\e 1
contacts should be divided equally among the t\.-'JO suppl i et's. Ma y 0 t~
Re ber~ t'eql.\est ed PI.\bl ic l-Jo'r'ks D i r~ e c tOt' Tal.\fen to discl.\ss the 'r~ecent fuel
situation with t~e qar~d s to diesel fuel at this time.
Loso made a motion to amend the motion to offer~ the fl.\e 1 contr~act s on a
t et~m of tht~ee (3 ) yeat's and to be t'otat ed on a f 0 Ut~ month basis.
Seconded by Hazen.
Vat e call on amendment:
Ayes: Reber', Rieke, Loso, Hazen.
Nayes: Hiemenz. t'10t ion Cat~t~ i ed 4:1:0
Vot e call on motion:
Ayes: Re ber~, Lo so, Hazen.
Nayes: Rieke, Hiemenz !'r10t ion Car'r i ed 3:2:()
F ir2-?, ~ n <:1 R ª--þ c I,\~ çJj.9 ..t~IL.e,..?_L The F i t~e De pat~t m ent has r~equest ed the F ir~ e
De par't m ent establish a meeting ~.J i t h the F ir~ e Boar'd to discuss the issue
of char~g in 9 f Ot' f it~ e and rescue calls be f ot~e the Council discusses this
matt er' fur'ther'. Additionally, the F Ìi" e De pa'r't m ent is r~equest ing a
meeting with the Ci t y Council and St. Joseph Township_ The Council
agr'eed to h on Or~ the r~equests.
ª:t~..Y_~_ º"e..b.le..:r.:: ~.::, bJ!llle...rrr,ª.DD. Inn :. Steve Deh 1 er~, own et~ of the Linnemann Inn,
appear~ed befor~e the Council to discuss the hookup fees for the Inn.
Mr~. Deh let' st at ed that he t~ecent I y r~ece i ved a bi 11 fOr~ $ 3,200 fOr~
s ewe'r~ h 0 0 k I.\P fees and is confused. M'r~. Deh 1 er~ feels that he has
ah~eady paid into the system and is being char~ged unfait~ly_ The
Linnemann Inn has paid t ¿,x e s and assessments since the conception of
the fees. Deh let' continued by saying that the Council must view this
in a common sense manner'. In r~ e a 1 i t Y the building contains b.¡o (2 )
un its and he has ah'eady paid two hookup fees.
Timothy War'nemunde, counsel fO'r~ Deh 1 et' and Lindgr~en, appr'oach ed the
Council and t~eql.\ested that additional i nfot~mat ion be pt-'e sent ed to him.
It is his un d e r~ s tan din 9 that this mat t er~ has been placed on the agenda
fOr~ some time and feels that it is i m POt't ant to r~esolve this matt er~ in
an efficient mann er'. Th er'e f or'e, he r' 12 que s t e d that the City Offices
supply him Ot~ his clients with the fo 11 owi ng i nfot~mat ion:
1. Copy of the Novembet~ ;1inutes
.::.. Copy of the r~esolution passes in No v e m ber~, \.'Ji th t~elation to
the hook'.\p fees
-:;- Copy of the t~esolution t·'eplaced by the November~ t~esolution,
"".
\.'Ji th r'elation to the hookup fees
4. Copy of the minl.\tes of meetings Pt~ e vi 0 us to the passage of the
r'esolut ion, with r~elat ion to the hool-<up fees
May or~ Re ber~ assur~ed !'rho,. War~n e m I.md e that he \.-'JO u 1 d t'eceive all the
t'equested infor~mation within one ( 1 ) \.-'Jeek.
Loso made a motion to table f I_\r~t her' discussion on this mat t et" unt i I a
r'esponse has been t'ece i ved fr~om the pr~opet'ty o~·met's. The motion was
seconded by Hazen.
Page 2'+63
Dece m b€?'r~ 16, 19<:Þ3
Ayes: Reber~, Rieke, Loso, Hazen, Hiemenz.
l\Iayes: None. iYlot ion Car~1"~ i ed 5:<):()
CITY ENGINEER REPORTS
8'p',Q].jJ~§:LLoJl .fQ!~ eª.Y l!,U~ n t ::, ~::Lª,C9Xj.-y.-ê._s_!_ C it Y Eng i neer~, Joe Bett encl()r~f,
pr~esented application fOr~ payment #4 fOr~ the West Ninnesota Street
Pr~o.j ect. Due to the amount of finish wOr~k that is r~eq u i 1"~ed, the City
~Ü 11 need to r~etai n the full 5'/. fr~om Har~dr~ives. Loso made a motion
author~i zing the expend i tt..n~e of $ 1.,533.29, fOr~ payment #4 to Har~dr-' i ve s.
The motion Wi:\S seconded by Rieke.
Ayes: Reber~, Rieke, Loso, Hazen, Hi emenz.
Nayes: None. Motion Ca'r~r~ i ed 5:0:0
8J;,!-ºl,lç,ª,L~.ºD., .f or~ e ?-y men t :: §,~.J.~. l."Q::Ll~H, Bettendor~f pr~esent ed application
fO'r~ payment #2 fOr~ the East Minnesota Street Utility Imp'r~ovement
Pr~oj ect in the amount of $ 35,615. 18. Loso made a mot ion author"izing
the expenditur~e of <.I; 35,615. 18, for~ payment #2 to S. J. Louis
Constr~uct ion. The motion was seconded by Rieke.
Ayes: Reber~, Ri eke, Lo so, Hazen, Hiemenz.
Nayes: None. t10t ion Car~r~ied 5:0:0
tt9~~!J1l_ª!lº_ e.tLª..?J\-!. I W 0 :, T e n~ y Schmidt has r~equested the Ci ty accept the
impr~ovements of NOr~thland Phase II. City Engineer Bettendorf stated
that the ph a s e is complete and r~eady fOr~ acceptance. Based on the
r~ecommendat ion of the City Enginee1"~, Rieke made a motion to accept the
i mp'r~O ve ment s in NOr~th land Phase II. The motion was seconded by
H:i,emenz.
Ayes: Re ber~, Ri eke, Loso, Hazen, H:i,emenz.
Nayes: None. Notion Car~'r~ i ed 5:0:0
Q.'"rt1-º.t._ :-:. 8_~,.9u.!?.~t.., t9., t:.§tJ.J£.ª_2..?, tß. çJ.t..V.l Dale Salo has r~eque st ed that the
City accept Outlot A a\:. City P1"~oper~ty. This pr~oper~t y is located
between Elm St1"~eet and the r~ai h~o.:¡d t1"~acks. Bettendor~f stated that
befor~e the City could con,:,ider~ taking this pr~O per~t y o v e r~, a Phase One
Env i r~onmental Assessment should be conducted. The City has no idea as
to the soil integr~ity, and if we would assume the pr~oper~t y now we would
also assume any fut ,-we pr~ 0 b 1 ems. Bet t end or~f also stated that the City
should add to the pr~e 1 i m i nar~y plat pr~oced u'r~e, the r~eql..\i r~ement of a
Phase One En v i r~on m ent a 1 Assessment. Hiemenz made a motion to sl:md a
lette1"~ to Mr~. Salo stat ing that the City will not consider~ accepting
the pr~opert y unt i 1 a Phase One Env i r~onmental Assessment has been
completed. The motion was seconded by Loso.
Ayes: Reber~, Riel-<e, Loso, Hazen, Hi emenz.
Nayes: None. Notion Ca'r~1"~i ed 5:0:0
MARK LAMBERT
\J..º.r.:'.:\!,b, EªLIi 8çj.9.lt:j,-ºJ:u.. Mar~k Lam ber~t appear~(?d befor~e the Commis<:"ion
r~equest ing pr~e 1 i m i na'r~Y plat appr~oval of NOr~th Par~k Second Addition.
The p'r~O per~t y is legally described as follows: The SOl..\the1"~ly Th ir~t y
(30) feet of Lot One ( 1) , all of lot Two (2) , and the Nor~thf.n~l y twenty
(20) feet of Lot Thr~ee (3) , all being in AI.\d i t Or~' s Subdivision Number~
Nine ('3) , in the Village of St. Joseph. Also that par~t of Lot Four~ (4)
Page 246Lf
Decembe~' 16, 1993
of said Aud i t o~-" s SI.\bdivision Number' (9 ) des C'r' i bed as follo~'Js, to wi t :
Commencing at a point 60 feet East of the Southeast c or-'n e ~-, of Lot ..:, of
said Aud it Or" S SI.\bdivision No. 9 and r' 1.111 n i n g thence ItJest to the
South(~ast co r'n e r-' of said Lot 3; thence ~~I.mn in g NEly along the vj est e r 1 y
line of said lot 4 to the NOr'thwest er~l y cOr'n er~ of said Lot Lf; thence
Southeast er~l y along the No~'t h line of said Lot 4 a distance of 60 feet;
and thence SouthltJest er~l y in a str~ai ght line, to the place of beginning,
accor~d i ng to the U. S. Go v e~~n m ent SI.wvey the~~eof.
1'r1ad< L:_~ III b e ~,t spoke on his oltm behalf. ;h' . Lam be'r~t stated that he
pm~chased the pr'oper~t y located at 404 - 1 st Avenue NE with the
intention of const~~uct ing a 15 unit apar't m ent complex. Ear'l i er~ this
yea~~ he appear~ed befor'e the C 0 1.111 C i 1 ItlÌ th an application to develop the
pr~oper't y as a PURD, Itlh i ch ~.Ji:\ s 1.111animously appi'~o v ed. The pr'O per~t y
platting was n ece s sa~~y to clean up the legal des Cr~ i pt ion s dlJe to
e"''''''''''Q'r'''S.
City At t o~~n ey John Sch e ~~ e'r-' stated that he has ~~e v i e~·Jed the plat and has
no concer'ns.
Rieke made a motion appr'ov i ng the pr~e 1 i m i na~~y plat of NOr't h Pa~~k Second
Addition, as i'~ecommended by the Planning Commission, Itl i th the follo~..¡ing
conditions:
1- ApPr~o va 1 of the Ci t Y Engineer~
1:' . Submission of title opinion
-;- Submission of the ~~equired my 1 ai" of the plat
.......
Ayes: Reber~, Rieke, Loso, Hazen, Hiemenz.
Nayes~ None. Motion Ca~'~~ i ed 5:():(>
I'rk. Lamber't info~~med the COI.mci 1 that the density of the apar-'t III ent
complex will change slightly, as he is looking at con str-'uct in 9 five (5 )
bedroom units. Sch er'er' r'eminded rh'. Lamber~t that the bl.\i lding could
not exceed 35 feet in height. Sch ei'~ei'~ éi\lso discussed bi" i e fly the
sq U<:o.r~e footage r~equir'ement. The c IJ r~'r~ e n t Or'd i nance stops at thr~ee
bedi"ooms. Howeve~~, an ai'~eéi\ being developed in an R-3 ml\st not exceed
35i1. lot co v e i" age. rh~. Lamber't' s pr~oposal is well ~·Jithin the
guidelines.
º..~ II!.oJj,-t..Lo_Tl Ç..t:'gql _t_~=- Mr'. Lambei'~t r~equest ed the Council allow him to bank
Cr'(~d its fOr' demolishing a hazar~dous unit. St. Joseph Code of
or~d i nance s 52. 18 slJbd Ede) provides f 0 i'~ d e mol i t ion cr~edits.
The C 0 1.111 C i 1 r'equested the Ci t Y Atto~~ney, John Scher'er' to 'r'espond to
this mat t er~. N i" . Scher~er stat ed that the O~~d i néi\nce the Mi". Lambei'~t is
'r~e f er'~' i n g to is 1 oc<..=<.t ed und er' the pr'ovision fo~' R-3. In an R-3 a
develope~~ ItJould be allowed to bank the c~'ed its. However~, since Mr'.
Lambe~'t' s pr'O pe~~t y is located in a gene~-al business z on e, this
pr~ovision does not apply.
Mi". Lambei'-,t stated that the pr~oper~ty was being used as a R-3 use and it
is not his pr' i mar~y PI_\i"pO s e to build a r'ent a 1 unit on the pr'oper~t y.
Lam ber-,t stated that he VJ 0 u 1 d pr-' e f e ~~ to develop the p~~ope~~ty as a
Page 2465
-~ Decembe'r~ 16, 1 (~93
b'.\siness, but is not sUr~e that is feasible.
-
Mr. Scherer~ did agr~ee that the pr~oper~t y at one time was functioning as
an R-3 use, but it has been some time since the pr~ope'r~t y has been used.
If Nr. Lam ber~t \.'Jould have a pr~oposal be f or~e the Council that i ncl uded a
R-3 use, the Counci I would be able to consider demolition cr~ed its.
Therefor~e, while M'r~ . Lamber~t pr~esents a good argument, the City cannot
consider allowing demolition cr~edits at this time.
Mr. Lamber~t stated that he would withdr~aw his r~equest at this time.
CITY ATTORNEY REPORTS
~1I!.Q1g..'l-'~_~ WarL~ ª!JQ. ª-ª-T}J~£i.:t J..~94: Mr~. Sche'r~er~ stated that he wasn't aware
that he was to r~eview all the benefit changes. Rieke stated that there
were nume'r~ous changes. and he would app'r~eciat 12 M r~ . Scheret~' s opinion.
I".iquor y....ÜÙat ion: Mayor~ Reber~ stated that all the Councilor~s have been
informed of the 1 iquor~ violations, and questioned the amount of
liability the City is assuming if no action is taken.
City At t or~n 12 y Scher~er stated that the bigger~ concer~n is the per~cept ion.
The Council has been made a~.¡ar~e of 1 iquor~ violations at one of the
establishments in St. Joseph. If the Counci 1 does not take act ion,
ther~e is no incentive fo'r~ any of the establishments to enfor~ce the
1 iquor~ laws.
Scheret~ also stated that he has been in contact with Chief Lindgren and
asked him to go thr~ough all his files and p'r~esent him with copies of
all ICR's ( Incident Complaint Repor~ts) with t~egards to 1 iql..\ot~. This
would allow the Counci I and Attor~ney' s Office to ve'r~i fy that all the
establishments have been checked and selective enfot~cement was not an
issue. It can be seen f'r~om the Off i cer~' s r~epor~t s that equal time is
being given to all the establ i shment s. M 'r~ . Sche'r~et~ stated that 1 iquor~
violations do OCCt..\r and will happen; however~, it appear~s that the
enforcement of the liquo'r~ laws is unacceptabl e.
Mayor~ Reber' stated that he was at a r~ecent College meeting where not
only wet~e College Officials concer~ned, but the students as well.
COI.mci lo'r~ Loso questioned the i nt egr~i t y of the enfo'r~cement and
statement t~ece i v ed by a formet~ employee.
Hazen made a motion establishing a hear~ing be f or~e the Council pUr~suant
to Or~d i nance 71. 12 to cons ider~ suspension Or~ r~e v ocat ion of the Sal's
Bar~ 1 iquor' license. The action is based I..\pon r~epeat violations of
Ordinance 71.11, subd 1 (a) , (c) , and (d) . Additionally, this action is
a violation of State Law with respect to pr~oviding 1 iqUor~ to und er~ag e
pa r~t i 12 s (Minn. St at. 340.503) . The motion was seconded by Lo so.
Ayes: Reber~. Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Cat~r~ied 5:0:0
The City Council reql_lest ed that City At t Ot~n e y John Sch er~er~, d 'r~ aft the
notice to the licensee. The heat~ing date was established as J an uëÍ'r~y
13, 1994 at 7:00 p. m. M r~ . Sch er~er~ stated that he ~.¡ ill expect that the
_.~ -- ----- ----- ----- - .-. __ ___ __________".__ ~_~__________._u__.
Page 2466
Dece m be'r' 16, 1993
-
Off icer~s will be p'r~esent at the hear'ing.
Mayor Rebet~ extended the meeting 10 m i n 1.\ t e s .
Upon the r'equest of Councilor' Loso, Sch er'er discussed br'i e fly the
process and a 1 t e t~n at i ve s available.
~- \/ m a.D..!l H u 1 1 E.~ e 'r~ t 'i_'!" The Counci 1 discussed with Mr. Scheret' the
t~equest of the Planning Commission t~equit~ing the pt'O per~t y own e t~ to
complete a Phase One Environmental Assessment. Mr~. Sch er'er~ stated that
the Ci t y has no interest in the pt~opet~ty, the'r~efot~e, they cannot
r~ e q 1.\ ir' e sl.\ch a stt.\dy. This info'r'mat ion wi 11 be forwar'ded to the
Planning Commission.
Hazen made a motion to adjourn at 10:15 p. m. The mat i on was seconded by
Hiemenz.
Ayes: Rebet~, Rieke, Lo so, Hazen, Hiemenz.
Nayes: None. tr10t ion Car~'r~ i ed 5:0:0
9::::t~
Deputy Cl er~k