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HomeMy WebLinkAbout1994 [06] Jun 16 Page 2t182 June lb, 1994 Pursuant to due call and notice thereo£, the City Council £or - the City of: st Joseph met in regular session on Thursday, June 16, 1~~4 at ï:ØØ p. m. in City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber: Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Stephanie Hazen. Clerk/Administrator Rachel Stapleton. UTHERS PRESENT: Judy Weyrens, Leo J Sadlo, Tara Ploumen, Dale Victor, Paul Pilarski, Pat Schneider, Dick Tau£en, Joe Bettendorf:. AGENDA: Hazen made a motion to approve the agenda as amended; seconded by Hiemenz. Ayes: Heber, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. MINUTES: Hiemenz made a motion to approve the minutes of the June 2 meeting: seconded by Loso. Ayes: Heber, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. BILLS PAYABLE: Judy Weyrens, Deputy Clerk, presented the bills payable. After short discussion Hazen made a motion to approve the bills payable as presented, check numbers 19717 through 1975& and PO for 9mm ammunition for $179.30. The motion was seconded by Loso. Ayes: Heber, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hieke arrived at '/:05 p.m. Hazen made a motion to approve the overtime and callouts as presented; seconded by Loso. Ayes: Reber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. THEASUHEH'S HEPOHT: Deputy Clerk Judy Weyrens presented the May Treasurer's report, which was approved with a motion by Hiemenz; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. MAYOR HEPOHTS: The Mayor stated that the sodding on East Minnesota Street is not acceptable. He has received complaints from the property owners. CUUNCIL REPORTS RIEKl::: No report. HAZEN: No report. LUSU: Park Board met and has discussed their budget proposal for 199::>. The League of Minnesota Cities provided multitudes of useful information. PagE' 25éLj JunE' lb, 19<:14 HIJ:o.:MENZ: Hiemenz reported that the Planning Commission met - and 1) made recommendations on variance requests for an accessory building; 2) were advised that the yellow car being used as an advertising sign has been removed; ;,3) recommended approval o± the amendment to their enabling ordinance; 4) will hold a public hearing on the nudity ordinance amendment; ::) will have the Linnemann Inn parking lot on their July 5th agenda; 6) will hold a hearing on the advertising sign request for the city. Hiemenz also reported that he will prepare information for 'lhe Council on legal scenarios discussed at the League Conference. CHllo:F UF PULICE HI::PURTS: Chief !:Irad Lindgren presented the May inciden'l report and discussed it with the Council. He requested to purchase a speaker siren to be installed by CMS Au'lobody or the Ufficers, on the outside of the squad car. Hazen made a motion to approve the purchase of a speaker Edren at a cost of under $20Ø as requested; seconded by Loso. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hazen made a motion to the purchase of drivers license and L D. manuals for each officer as requested with a total price of $b4. '/ ~ ; seconded by kieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hazen made a motion to approve the DARE Ufficer to attend a one day re-certification training course; seconded by kieke. Discussion - Hiemenz asked if this would be overtime for her. Chief stated that he would have this included in her regular work schedule. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. CLEHK/AL>MINISTkAl'UH kE:PURTS: 1) Clerk/Administrator Rachel Stapleton reported on utility billing, contractors licenses, rental housing inspection, dog licenses, and training. :,0 Stapleton pr'esented a schedule for the 1995 budget preparation with proposed special budget meetings to be held on August 11 and August 25. 3) The League recommended not licensing refuse haulers and the Tri County Waste Commission will be checking with the area cities on controlling the dumping locations of area refuse haulers. 4) Hazen made a rno'lion to allow John Scherer to reduce the nondiscrimination policy 'lo an ordinance entitled "Employment Nondiscrimination Urdinance" and send it to the Council for approval, with a penalty of $7ØØ fine and <:Iø days in jail; seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Page 2584 June 1b, 1994 ~j ) Loso made a motion to approve a notification to the County Assessor that Ollie Lesnick is the assessor for the 19':3::5 assessment year; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. 6) Stapleton requested to attend the Minnesota Municipal Clerks Advanced Academy training on records and data management at the University of Minnesota on July 13-14. Loso made a motion to approve the training as requested; seconded by Rieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. '/) The City of Afton requested support in their request to obtain reimbursement of legal expenses for city officials for allegations of open meeting law violations from LMCIT. Reber moved to requested an opinion from the City Attorney on this issue; seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. B) John Scherer recommended that a confidential report on the recent worker's comp claim be prepared and sent to the members of the council. This will be done when the reports are all in the office. 9) Stapleton updated the Council on the Business Hetreat to be held on June 21 at St. John's, and informed the Council that she was asked to be on an oral interview committee for the City of Sauk Centre, for hiring a Deputy Clerk. 10) Council requested that the packets for the next meeting come to them on Friday prior to the meeting, because of the 4th of July on Monday. ULD BUSINI::SS LINNI::MANN INN HOUKUP FI::I::S: The Council reviewed information and recommendations from John Scherer. Mayor Heber recommended that the hookup fee is paid on a pro rata basis. After some discussion Loso made a motion to approve the recommendation of John Scherer to base the hookup on a pro rata share of an additional hookup fee based upon the use during the past year. The hookup fee attributed to another 1'/7.b9 gallons per day for this property is $284.30. Payment of $284.30 will be required, with the understanding that if the use increases further, additional payments will be requested. The motion was seconded by Hiemenz. Discussion - Hieke stated that if the City approves this requirement, it should require an audit of all the utility accounts for increased usage each year. Ayes: Heber, Loso, Hiemenz. Nayes: Hieke, Hazen. Motion carried. Hieke made a motion to have the City Administrative Office submit a proposal for auditing all the utility accounts for Page 2585 June lb, 19<:14 increased usage each year, and all associated costs, or a proposal ±rom an outside audit firm; seconded by Hazen. Ayes: ~eber, Rieke, Loso, Hazen, Hiemenz. Nayes: Loso. Motion carried. PLANNiNG COMMiSSION O~DINANCE AMENDMENT: Loso made a motion to approve an amendment to the Planning Commission J::nabling Ordinance Number 2:5 as recommended by the Planning Commission; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. OPl::N TO 1'H~ PUBLIC: Dale Victor discussed with the Council a proposal to begin a Shared Ride Taxi Program for St Joseph. He stated that he would need a guaranteed commitment perhaps in the ±orm o± a subsidy. He stated that it would be important to get the local merchants and professionals involved in the program. MNDlJT possibly could provide ±inancial assistance, and Victor agreed to research this avenue. -¡'he Council was generally supportive o± the proposal and requested that this issue is placed under old business. Leo Sadlo requested that the Council remember to include the needs o± the water filtration plant at budget time. A new filtration plant is needed and it will be costly. Hiemenz made a motion to recess at 8: 1:5 p. m. ; seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. A-L 8:::¡0 p. m. Mayor Heber reconvened the meeting. CITY J:.:NGINl::EH Hl::PUHTS ULD HIGHWAY ~2 1 MPHUVb:MJ:.:Nl' PHUJb:CT: Joe Bettendorf presented the bid totals for the Uld Highway ~2 Improvement project as opened: Hardrives Inc. $ 85,862.&0 Metropolitan Dirtworks 94,03Ø.&0 f:;chwinger J:::xc. , Inc 97,124.0~ Council discussed with Bettendorf the engineers estimate and that the bids all exceeded it. He advised them that they eould approve the low bid or reject all the bids. Loso made u motion to approve a resolution approving the low bid of Hardrives Inc. of $85,862.60 and authorizing the Nayor and Clerk to enter into a contract with Hardrives I nc. ; seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Wl::ST MINNESUTA STH1::;J:.:T IMPHUVb:M1::;NT: The project will be ready to finalize when the sodding problems are corrected. Mayor Heber' and Joe Bettendorf will check the newly laid sod and r~quiI'e corrections where needed. Page 2586 June 16, 1994 J=;AS1' MINNJ=;SOTA STNJ=;£T: Joe Bettendorf reported that the project costs on this project were considerable lower than projected. WATER IMPRUVEMENT PRUJECT: Most of the punch list items were completed by CBI NaCon, Inc. Bettendorf presented Application for Payment number 10. Hazen made a motion to approve Application for Payment No. 10 to CBl NaCon, Inc. for $2Y,~08 which holds back payment of one per cent of the contract amount; seconded by Rieke. Ayes: Reber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. SEWEH USE UHDINANCE: Bettendorf presented the updated sewer use or'dinance which includes pretreatment requirements :for certain industrial users, as required by St Cloud. After discussion Hazen made a motion to approve the Sewer Use Urdinance, subject to terminology clarification and changes as worked out by the City Attorney, City Engineer and Leo Sadlo; seconded by Hieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hazen made a motion to publish the ordinance amendment in summary form; seconded by Rieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hiemenz proposed numerous terminology changes to the ordinance and requested to be on the committee to finalize the t.erminology for the Sewer Use Urdinance. Hazen made a motion to include Hiemenz on the committee as requested, and recommended by Joe Bettendorf; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. ADDHESSING GRID: Joe Bettendorf presented a grid for an addressing system which takes the system of the City and ext.ends it out int.o the area surrounding the City. Loso made a motion to approve the addressing system as presented with the recommended corrections, on acceptance of the system by the Joint Township/City Board; seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Loso made a motion t.o approve mounting, framing, and hanging the addressing map to match the other maps hung in City Hall; seconded by Reber. -~ Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Hazen made a motion to approve the addressing changes on the city propert.ies as proposed as :follows; seconded by Rieke: Page 258'; June Ib, 1994 Northland Addition Change I::lm Street to Fir Street Change r'ir street to Gumtree Street Change Gumtree Street to Hickory Street then Fir to Gumtr'ee would have b00 numbers Gumtree to Hickory would have 70Ø numbers North oi Hickory would have 800 numbers Industrial Park Change Joseph Str'eet to 19th Avenue N~ Give County Hoad 133 a name (Drive, Hoad, Lane, Boulevard) Change addresses to coniorm with new grid Change Borgert Drive to ~lm Street East 1::1th Avenue S~ Cul-de-sac Change addresses to the following: Lot 1 20b Lut 2 212 Lot ::I 218 Lot 4 21<;;1 Lot 5 213 Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Loso made a motion to send a letter to all aiiected property owners~ seconded by Hazen. Discussion - give them a year grace period to change. Hazen made a motion to send a letter to Brad Meyer requesting that he retain his position on the Addressing Committee, because the City needs his excellent work and knowledge in this area. ¡';QUIPI1~NT: The Council reviewed the iniormation prepared by Dick Taufen on projection screens. Loso made a motion to purchase an 84" x 84" ceiling mounted projection screen from 11arco ~ seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. VAH1ANCI:.; Hl:;QUI:.;S'r: The Council considered the variance requests oi Paul Pilarski for an accessory building, and the Planning Cammission's recommendations on the requests. The first request was to consider an eight foot variance on the side yard set back, in a R-1, Single Family zone. Zoning - Urdinance b2.16 subd b(a) requires side yard setbacks to be thirty (::10) ieet irom all public right-oi-ways, unless 80 percent or more oi the irontage on the same side o£ the street between two intersecting streets is improved with Page 2588 June 1bþ 1994 buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure. The second request was to consider a request :for a one hundred (lØØ) feet variance on the size of an accessory building in a F-l-lþ Single J.'amily zone. Zoning Ordinance ~2.1b subd 4(e} allows a maximum area o:f 9ØØ square feet for a garage or accessory building. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Urdinances of the City of st. Josephþ the Planning Commission made the following findings: 1. St. Joseph Code of Urdinances 52.7 subd 2 ( a) : That ~here are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zon~ng district. 2. St. Joseph Code of Urdinances 52. 'j subd 2(d} : The proposed variance will not impair an adequate supply of light and air to adjacent propertyþ or diminish or impair é'stablished property values within the surrounding area þ or in any other respect impair the public healthþ safety or welfare of the residents of the City. Based upon these findingsþ the Planning Commission recommended approval :for the eight (8 ) foot variance on the sideyard setback. 1. The proposed new construction would improve the existing conditions. 2. F-lequesting the property owner to abide by the setback requirements would impair and adequate light and air supply to the property. Additionallyþ the Planning Commission is recommending denial of ~he lØØ foot variance on the maximum allowed area for an accessory building. Denial is recommended based on the lack of findings that would allow such a variance and the property is not large enough to support the additional lØØ square feet. Hieke made a motion to approve the eight foot variance on the sideyard set back as recommended by the Planning Commission; seconded by Hiemenz. Ayes: Heberþ Hiekeþ Loso þ Hazen þ Hiemenz. Nayes: None. Motion carried. Page 258'::1 June lb, 19'::14 Hdzen mad!:: a motion to accept the recommendation of the Flanning Commisison to deny the request ±or a lØØ foot variance on the size o± the accessory building; seconded by Reber. Ayes: ~eber , Loso, Hazen, Hiemenz. Nayes: ~ieke. Motion carried. ~jT JUSEPH HASE:;BALL TEAM: Pat Schneider appeared before the Council to inform them that we did not get the low bid for -Lhe bleachers as desired. He discussed the need for bleachers and proposed a project to get new bleachers installed for' $18,4~b.75. He stated that he has received pledges for the bleachers as follows: Lions $8,0Ø0 Prep School 250 City B,(¿j00 ~:i.. John's University TBA Par'k Board 8,000 }~ec. Association TBA Total $19,250 Loso made a motion -Lo enter into a contract with Southern Bleacher Company for $18,9~0 and approved the Mayor and Clerk S, ign the contr'act; seconded by FÜeke. Discussion - Check wi-Lh the City Attorney if more than one bid is needed and if sales t.ax is required on this equipment, or if a non-profit urganization could be the purchaser of the equipment. Ayes: ~eber , ~ieke, Luso, Hazen, Hiemenz. Nayes: None. Motion carried. FIRE CHiEF REPORT: Dick Taufen, Fire Chief, presented the semi-annual Fire Department report. After reviewing it Loso made a motion to approve the Fire Depal~tment report of $12,8~~; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. FENCE CONSTRUCTiON COMPLAiNT: Reber made a motion to request the City Attorney to proceed with civil action on the fence construction at 41 Fifth Avenue NW, because it has not been removed; seconded by Loso. Ayes: Reber, Loso, Hazen, Hiemenz. Nayes: None. Rieke abstained. Motion carried. THEE NURSERY PLAN: After the Council reviewed the Tree Nursery Plan submitted by Mike Sworski, Hiemenz made a motion to adopt the plan as submitted; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. Page 2590 June 1b, 1994 I The Council considered a request £rom State ~epresentative Steve Dehler requesting support :for a proclamation honoring Harold Klein. A:fter consideration Reber made a motion to deny th~ request because there are many citizens in our city which have lived exemplary lives without a proclamation; seconded by Loso. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. The meeting was adjourned at 9:5b p.m. with a motion by Hazen; seconded by Loso. Ayes: Reber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion carried. a Hachel Staple on Clerk/Administrator I I .