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Page 2594
~ October 20, 1994
ursuant to due call and notice thereof, the City Council for the City
of St. Joseph met in regular session on Thursday, October 20, 1994 at
7:00 p.m. in the City Hall.
MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Bob Loso, Ken
Hiemenz, Stephanie Hazen, Ross Rieke; Clerk/Administrator Rachel
Stapleton.
OTHERS PRESENT: Daniel Nierengarten, Gary Utsch, Mary Ann Poepping, Ben
Poepping, Cory Ehlert, Gary Heltemes, Brad Lindgren, Margi Kalla, Al
Kalla, Ray Brandenburger, Mark Thyen, Steve Dehler, Dan Pueringer, Jeff
Tallman, Scott, Boyle, Sean Kelly, Joe Sullivan, Steve w. Rogne, Ivan
Jurkovic, Alan Rassier.
Mayor Reber called the meeting to order at 7:00 p.m. with Mayor Reber,
Councilors Hazen and Hiemenz, and Clerk/Administrator Stapleton
present.
AGENDA: Hazen made a motion to approve the agenda as amended to
included items requested to be brought before the Council by the Public
Works Director; seconded by Hiemenz.
Ayes: Reber, Hazen, Hiemenz.
IIÞ Naye.: None. Motion carried.
LD HIGHWAY 52 ASSESSMENT HEARING: Mayor Reber opened a public hearing
to consider the proposed assessment for the street improvement of Old
Highway 52 between Birch Street West to County State Aid Highway 75,
between Hollow Park and Loso's Seventh Addition.
No member of the public was in attendance to speak at the hearing. Joe
Bettendorf, City Engineer discussed the assessment for curb and gutter
was $7.00 per front foot and street widening was assessed at $5.50.
. .. .
."..".
Bob Loso arrived at 7:05 p.m.
The Council reviewed the assessment role and resolution of adoption.
Hiemenz made a motion to approve a resolution approving the adoption of
the assessment role for the Old Highway 52 Street Improvement Project,
with the rate established at eight per cent per annum with the terms at
fifteen years. The motion was seconded by Loso.
Ayes: Reber, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
APPLICATIONS FOR PAYMENT
EAST MINNESOTA STREET UTILITY IMPROVEMENT PROJECT: City Engineer Joe
~ettendorf presented a revised final application for payment ##
or the East Minnesota Street Improvement project, in the amount of
. 17,175.25 which included load tickets for topsoil which were missed in
___the original final application for payment. Hiemenz made a motion to
approve a revised final application for payment for the East Minnesota
Street Improvement Project as presented by Bettendorf; seconded by
Hazen.
A-;les: Reber, Loso, Hazen, Hiemenz.
,-________~_____ ____ ___________ - __~_____________ 0-.-__- ____________~_____________________.~______~~._____________~______
.-<"-. '1' Page 2595
October 20, 1994
Nayes: None. Motion carried.
WATER IMPROVEMENT PROJECT: City Engineer Joe Bettendorf presented an
Application for Payment Number 11 to CBI Na-Con, Inc. for the Water
System Improvement project, in the amount of $7,000. Some final punch
list items need to be completed yet. They are primarily electrical,
including one meter that is adding gallons. Hazen requested Water
Superintendent Taufen to document that the meter is inconsistently
adding gallons. Hazen made a motion to approve the application for
payment as presented; seconded by Hiemenz.
Ayes: Reber, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
OTHER PROJECTS: 1} Hazen asked about the progress of the water tower
lighting. Bettendorf stated that the project will take about three
weeks to complete.
2 ) Morningside Park entrance project is currently under construction
and Hardrives will install blacktop soon. Third Avenue by the Baseball
Park will have a blacktop overlay installed as well.
3 ) Mayor Reber questioned the quality of the connection between the new
construction where it meets the existing blacktop on County Road Two by
Northland Addition. Bettendorf stated that he will contact the County
Engineer to check the situation.
4 ) Bettendorf stated that Northland Third Addition construction is
progressing, but it is hindered by the clay soil in that area.
EAST MINNESOTA STREET ASSESSMENT HEARING: At 7:30 p.m. Mayor Reber
opened the East Minnesota Street Assessment hearing to consider a re-
assessment of the properties to reduce the original assessments.
City Engineer Joe Bettendorf discussed the project and the final costs.
He stated that the project costs came in lower due to 1 ) changes in
cost of restoration of front yards and driveways; and 2) some
quantities came in lower than projected. The driveways were installed
in the fall with consideration to allow for replacement in the spring
if they did not hold up. They generally held up well, but there is
enough left in the budget to redo driveways that do not hold up because
of settling from the project. The actual cost of the total project was
$446,800 with a savings of $36,800. The re-assessment will rebate
$1,100 back to each assessed property owner for water and sewer
assessments. Checks will be issued to those that pre-paid their
assessments and those that were certified will be recertified.
Ray Brandenburger asked, What about the interest that has been charged
us now? Bettendorf responded that the interest is not included in the
about to be rebated, but the Council could included it.
Fred Reber stated that they are well satisfied with the project and
becoming part of the City. Mayor Reber stated that the Engineering
Firm deserves a lot of credit for the project. This is a good example
of the type of work that they have provided the City.
Page 2596
October 20, 1994
Rieke arrived at 7:38 p.m.
Ray Brandenburger stated that the sod could have been better. Mayor
Reber stated that other sodding in the City has been poor also.
Bettendorf stated that satisfaction with sodding is usually a problem.
The worst part was redone.
Dan Pueringer asked how much weight the water shut off by his culvert
can take. Bettendorf stated that he would check it.
Mayor Reber asked if there were any more comments or questions.
Hearing none he called for a motion. Hazen made a motion to approve a
resolution adopting a re-assessment role of the East Minnesota Street
Utility Improvement project, which allows a rebate of $660 for sanitary
sewer and $440 for water main, including the interest on the rebated
amount. The terms of fifteen years and interest rate of eight per cent
are the same as the original assessment. The motion was seconded by
Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
STREET ADDRESSING: Joe Bettendorf presented three options for naming
13th Avenue SE. Option One was to leave it as 13th Avenue SE; Option
Two changed it to Fifteenth Avenue SE; and Option Three changed it to
Pond View Circle. Ben Poepping stated that adoption of Option 1 would
only require an address change by McDonald and Mehr. After
considerable discussion Mayor Reber made a motion to adopt option
number one as follows; seconded by Loso.
OLD ADDRESS NEW ADDRESS
201 - 13th Avenue SE 201 - 13th Avenue SE
100 - 15th Avenue SE 1'>0 - 13th Avenue SE
c..u c..u
1248 - 13th Avenue SE 219 - 13th Avenue SE
1306 - East Baker Street 1206 - East Baker Street
1303 - East Baker Street 1203 - East Baker Street
212 - 15th Avenue SE 212 - 13th Avenue SE
206 - 13th Avenue SE 206 - 13th Avenue SE
1233 - 13th Avenue SE 213 - 13th Avenue SE
1206 - East Baker Street 1206 - East Baker Street
Discussion - Loso stated that all options require that Mehr and
McDonald change their addresses. Hark Grams is using 206 13th Avenue
and Ron Scherer is using his address as 1206 East Baker Street as Ben
Poepping stated. Loso made a motion to amend the motion to include
that HeIus and McDonalds will have to change their addresses that are
cast in granite. The city will incur the costs of having those numbers
changed; seconded by Mayor Reber.
Vote on the amendment:
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. ~10tion carried.
Vote on the amended motion:
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
rage 2597
October 20, 1994
Nayes: None. Motion carried.
- Ben Poepping generously offered his services to the Council to assist
in addressing at any time.
Residents of 91st Avenue questioned if their addresses would change
soon. Council generally agreed that most of the area is still Township
property so this would stay Township numbers until more is annexed.
Minnesota Street residents asked if their address would change.
Council generally agreed to consider this further.
MINUTES: Hazen made a motion to approve the minutes of September 28,
1994; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
October 6, 1994 minutes were considered and the following corrections
were requested:
Hazen stated that on Page 9 - under number 5 st. Joseph Community
Halloween party, Lindgren was not in attendance at the meeting.
Rieke stated that his name should be omitted from the voting for
bills payable, because he had not yet arrived at that time. Hazen also
requested that under bills payable, POLICE is interjected to
identify whose clothing allowance and holidays, so that the
Council knows who receives clothing allowance and holidays.
Hiemenz concurred. Hiemenz made a motion to approve the minutes
of the October 6, 1994 meeting as corrected; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hiemenz.
Nayes: None. Motion carried. Hazen ab
stained.
.¡¡..¡¡.
1!'TI'
BILLS PAYABLE: Rachel Stapleton presented the bills payable check
numbers 20220 - 20228, overtime and comp time. Loso made a motion to
approve the bills payable, overtime and comp time as presented;
seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
##
Hazen made a motion to recess at 8:10 p.m.; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:16 p.m.
MAYOR REPORTS: 1 ) Shannon Hinnenkamp of Shannon's Upholostery feels
that the letters on the sign advertising his business are too small to
read from the highway. Mr. Hinnenkamp is willing to bear the cost of
replacing the sign and requested to replace that portion of the
structure with 2" x 12" lumber. Mayor Reber made a motion to approve
the request seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hiemenz.
Nayes: Hazen. Motion carried.
Page 2598
October 20. 1994
') \ A business man had approached Mayor Reber questioning the status of
'-',
a four way stop on Minnesota Street and Second Avenue. After
discussion Loso made a motion to send a letter of request to the County -
Engineer to create a four way stop at the corner of Minnesota Street
West and Second Avenue West; seconded by Reber. Discussion - Rieke
proposed considering installing a stop sign at Third Avenue West.
Council generally felt that a four way stop should be at Second Avenue.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
~Ja~"'es : None. Motion carried.
3 ) Mayor Reber presented a request from Dick Taufen which stated the
need for storage space for the Christmas decorations. Mayor Reber
acknowledged the need and recommended asking the American Legion for a
donation from their gambling funds. Hazen made a motion to write a
letter of request to the American Legion for a donation of funds for a
storage building; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
COUNCIL REPORTS
RIEKE: No report.
HAZEN: No report.
LOSO: No report.
HIEMENZ: 1 ) The Planning Commission met on October 17 and a) heard a
request to rezone a property owned by and adjacent to the College of
St. Benedict from R-l to E & E to relieve the requirements of
residential use of the property. They recommended denial of the
rezoning request. b} recommended approval of a cold storage building
presented by Sunset Industries. c) recommended approval of the TIP
District proposal.
2 ) Hiemenz had attended a District League of Minnesota Cities meeting
and reported that the Conference for Newly Elected Officials will be
held at sites around the state; salary surveys will be sent only to
those cities that provide their information to the League; Truth in
Taxation requirements have some changes; Tort liability was discussed;
viewed and received on loan an educational tape on the Open Meeting
1&1<1. He asked the Council to take note of the information which he had
copies made for them on the open meeting law and prohibition of gifts
to local officials.
3 ) The Design Team notified the City that they have accepted St.
Joseph's application for a spring visit.
NOISE VIOLATION HEARING: Mayor Reber opened the Hearing on noise
violation for property at 121 Ash Street East. The property had
received two noise violations and according to City policy a hearing is
required.
Jeff Tallman, son of the property owner, discussed that these
violations essentially happened in the same evening, and that he broke
up the party when they received the first noise violation. He stated
that this is the first noise violations that the property has ever
Page 2599
October 20, 1994
received. The occupants acted responsibly by breaking up the party,
and reducing the noise and paying the fines.
Officer Jean Gustin reported that on 9-10-94 she was called to a
complaint and could hear the noise from 121 Ash Street East from across
the street. Mr. Tallman answered the door and stated that none of the
renters were there. About 100 people left the premises. She left and
was called back about 2:00 a.m. of 9-11-94 on a complaint of loud
music. She stated that she talked to one renter who willingly turned
the music down. She stated that she did not see anyone else present.
Sean Kelly stated that when the second violation was received the music
was too loud, but the party had broken up and probably he was the only
one renter was at home.
Mayor Reber reprimanded the renters for ignoring the neighbors need for
quiet in order to sleep.
John Scherer, City Attorney, stated that this is a unique situation,
due to the fact that both violations occurred the same night even
though on different days. No notice time was available to provide the
owners with the first violation notice and there was some indication
that a good faith effort was made by the occupants.
Scherer recommended that the Council treat this as a single violation
instead of two violations. The next violation at this property may be
subject to a hearing and sanctions.
Hazen made a motion to adopt the City Attorney's recommendation;
seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
The hearing was closed at 8:45 p.m.
DEPARTMENT HEAD REPORT
CHIEF OF POLICE: Chief Bradley Lindgren reported that 1) he had
received correspondence from the FCC concerning the radio license. The
application takes about 120 days to process, but the time lines have
been met.
1')\ Lindgren reported on the status of the safety situation on the
'-' I
intersection of College Avenue and Minnesota Street. The County
Engineers office stated that the cost would range from $2,000 to $4,000
and would probably not be shared by the County. He also advised that
there should be no parking thirty feet back from a stop sign. Hiemenz
made a motion to write a letter to the County Engineer requesting
installation of a stop light; seconded by Hazen.
AjoTes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
3 ) A notice stating that a violation has been received, to be fastened
to the door of houses when they receive a noise violation was presented
Page 2600
October 20, 1994
+~ the Council. It will be printed on bright orange paper.
L<V
4 ) The Department of Defense has free military M-14 assault rifles to
give aHay for the cost of shipping and handling. They will be locked
up during storage. Hazen made a motion to approve the request for five
military M-14 rifles; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
5 ) Lindgren requested to purchase 100 uniform patches for $233. Hazen
moved to approve the purchase as requested; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
OPEN TO THE PUBLIC: No one from the public approached the Council.
CLERK/ADMINISTRATOR REPORTS: 1 ) The Police Federation has requested
that the comp time alloHances in the contract conform to the Personnel
Policy Manual. Hazen requested to see the Federation Contract prior to
execution. Rieke made a motion to approve the change in the contract
to provide for comp time to conform to the Personnel Manual as
requested; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
2 ) The office staff is tr~áng out copy machines. Compiled quotes along
.dth "" recommendation are expected for the next meeting.
3 ) Loso made a motion to approve the recommendation of Stapleton to
elevate Mary Generous to step three on her third employment anniversary
Hith the City on October 28th; seconded by Reber.
Ayes: Reber, Q' 1 Loso, Hazen, Hiemenz.
!\.le.d:e,
Nayes: None. Botion carried.
4 ) Archiving the minutes and some other documents is being researched
for preservation.
5 ) Loso made a motion to approve a resolution clarifying an employee
training reimbursement policy. Tuition, registration, books and
supplies for all Council approved training shall be alloHed. Overtime
shall be alloHed for training or educational classes Hhich are approved
that are scheduled outside regularly scheduled Harking hours. Any
training above the mandatory 48 hours in three years shall be approved
by Council. The motion was seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
r~a7{eS : None. Motion carried.
6 ) Rieke made a motion to accept the quote of Kurt Schneider of $856,
to install a handicap ramp at the cross walk on Minnesota Street West
by Second Avenue West. This approval is qualified by the stipulation
that the County is consulted on the appropriateness of the location of
the ramp in consideration of the proposed installation of four way stop
signs, prior to installation. The motion was seconded b;l Reber.
A:.,res: Reber, Rieke, Loso, Hazen, Hiemenz.
,
Page 2601
October 20, 1994
Nayes: None. Motion carried.
7 } The Council considered the past action allowing a handicap loading
zone in front of the Meeting Grounds. Discussion on the shortage of
available parking, and fairness to all the businesses on Minnesota
Street, along with the need to provide required handicap parking. The
City Engineer will be consulted on ADA requirements for handicap
parking.
0\ The Council will meet as a Canvassing Board on November 10, 1994 at
OJ , 7:00 to canvass the election.
9 } Efforts are being made to establish a St. Joseph Babe Ruth Baseball
League. Bob Loso discussed an informational mailing and meeting set
for October 30th on this matter.
10 } Stapleton reported that Mayor Reber and s11e attended a Stearns
County League meeting in Waite Park on October 18th. Discussed were
Stearns County Water Plan, ,\'ell head protection, unfunded mandates, the
open meeting law, prohibition of gifts to local officials,
11} Maintenance Department received quotes from Leef Bros. and American
Linen for uniforms and rug rental. Hazen made a motion to approve the
low quote of Leef Brothers for uniform and rug rental; seconded by
Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None.
~1otion carried.
1 ') \ Stapleton presented information from Dick Taufen concerning
.L ~ .J
equipment for snow removal. St. Joseph Township is selling their plow
truck, which is identical to our two units, but diesel. After short
discussion of the need for indoor storage for the unit, Reber made a
motion not to place a bid for the equipment because there is not
adequate storage available; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
OLD BUSINESS
TIF RESOLUTION: Loso made a motion to approve a resolution setting a
public hearing on November 3, 1994 to consider establishing the
formation of a TIF Planning Area and a TIF District; seconded by Rieke.
A;,Tes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
AUDIT UTILITY ACCOUNTS: Rieke stated that although the process to
audit all the utility accounts for increased usage yearly, may be time
consuming, it needs to be done to conform with established policies.
POLICE CHIEF CONTRACT: Loso made a motion to put this matter on the
November 10th special meeting agenda; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Page 2602
October 20, 1994
LINNEMANN INN PARKING LOT: Stapleton presented a letter from Steve
Dehler, who had to leave the meeting due to a prior commitment, which
indicated that a previous letter from the City Attorney to the City
indicated that adequate parking space is called for, but marking the
spaces is not required. He also stated that when they can afford to
tar or put in paving stone they will stripe the lot. Dehler asked to
have this matter removed from the agenda. Brad Lindgren stated that
the fire lane signs have been installed which creates parking on either
side of the lane, which solves the parking problem. Hazen stated that
a sign should be by the entrance. Jean Dehler stated that there is a
sign by the alley entrance. Al Rassier, Rental Housing Inspector,
stated that he sees no problem now. Mayor Reber concurred by stating
that the problem has been taken care of. Hiemenz made a motion to put
this matter to rest because the recommendations of our attorney have
been met (no parking area for fire lane is designated with signage, the
positioning of parking of cars has been met); seconded by Rieke.
Discussion - Hazen requested that Steve Dehler's letter is included as
an attachment to the official copy of the minutes.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
ORDINANCE AMENDMENT NUMBER 61: Loso made a motion to approve an
amendment to Ordinance Number 61 which provides for licensing by the
Cit;y, of contractors who work within the City, which are not licensed
under state law; seconded by Hiemenz.
Ayes: Reber, Rieke, L080, Hazen, Hiemenz.
Nayes: None. Motion carried.
Hiemenz made a motion to reaffirm the license fees of $50 for General
Contractors and $12 for Specialty Contractors, for the City of St.
Joseph Schedule of Fees and Charges; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
FIRE HALL SITE: The Council discussed with John Scherer, City
Attorney, his recommendations for financing, acquisition, and m.;nership
of property for the proposed fire hall site. The Council discussed
that a special meeting will be held with the Township Board and their
attorney to consider this matter.
Loso made a motion to adjourn at 9:50 p.m.; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Q
Rachel Staple on
Clerk/Administrator