HomeMy WebLinkAbout1994 [09] Sep 01
Page 2643
September 1, 1~~4
Pursuant to due call and notice thereof, the City Council for the City
of St. Joseph met in regular session on Thursday, September 1, 1994 at I
'/:øø p. m. in the City Hall.
:tŒtlHEHH PHESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob
Loso, Ken Hiemenz, Stephanie Hazen; Clerk/Administrator Rachel
Stapleton.
OTHERS PHESENT: Judy Weyrens, Tara Ploumem, Mike Hazen, Daryl Counter,
Esther Pfannenstein, Alice Schindler, Mike McDonald, Ron Klein, S.
Paula Revier, Jerry Helph, Gordon Brown, Charlene Irvin.
Mayor Reber called the meeting to order at 7:00 p. m. with Mayor Reber,
Councilors Rieke, Hiemenz, and Hazen present.
AGENJJA: Hazen made a motion to approve the agenda; seconded by Rieke.
Ayes: Reber, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
HINUTES: Council discussed the corrections to the August 4 meeting as
shown in the August 18 minutes, and concurred with them. Hazen
questioned the necessity of' noting in the corrected copy of' the minutes
which Councilor made the corrections. Stapleton responded she thought
the Councilors would like the exposure. Hazen made a motion to approve
t.he minut.es of the August 4 meeting as amended to include the
corrections not.ed in the August 18 minutes as f'ollows: delete the I
discussion on t.he motion to table which states that, "It was understood
that the motion t.o table was withdrawn." located in the middle of page
3, of t.he August 4 minutes and remove the names of those requesting the
cor-rections in the final copy; and to approve the minutes of' August 11
and August 18 as corrected; seconded by Hiemenz.
Ayes: Reber, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
HILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable
noting the payment to St. Joseph Township according to the Memo of
Understanding Agreement for the DBL Labs area annexation, and payment
ta the St. Joseph Fire Relief Association f'or the State Fire Aid.
After discussion of various other bills Hazen made a motion to approve
the bills payable check numbers 20009-20076; seconded by Rieke.
Ayes: Reber, Rieke, Hazen, Hiemenz.
Nayes: None. Motion carried.
Councilor Loso arrived at 7:10 p.m.
After discussion of the overtime and call outs Hiemenz made a motion to
approve the overtime and call outs as presented; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
MAYOH'S REPURT: 1} Mayor Reber presented a letter of request from I
Rosemary Meyer to waive the additional $100 f'ee for a special meeting
-Lo consider her request for a variance. Mayor Reber made a motion to
approve the request because the need for a variance was an oversight
Page 2644
September' 1~ 1~~4
I when the building permit was issued. The motion was seconded by Loso.
Ayes: Reber~ Rieke, Loso~ Hazen, Hiemenz.
Nayes: None. Motion carried.
2) Mayor Reber discussed that Shannon Hinnenkamp of Shannon's
Upholstery wants a ten year lease on the sign. Mayor Reber made a
motion to allow the City Attorney to draw up a contract for this lease;
seDonded by Hazen. Discussion - Rieke discussed and moved to amend the
motion to havt:' the Clerk/Administrator's office draw up a dra.ft
contract :for the City Attorney to review; seconded by Hiemenz.
Vote on the amendment:
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Vote on the amended motion:
Ayes: Reber, Rieke, Loso, Hazen, Hiernenz.
Nayes: None. Motion carried.
:3) Mayor Reber questioned i.f the City Engineer had made any
recommendation on Mark Lambert's request to hook into the existing
electricity source o.f the City at the site of the water tower.
Stapleton stated that Bettendor.f had stated that as long as it would
not inter.fere with the existing needs at the site or the water tower
lighting, and would be metered it would probably be acceptable.
I However, he wished to look at the site prior to giving full support o:f
the proposal.
4) Mayor Heber stated that he has made the stencil :for the "NO BIKING"
and questioned which sidewalks the Council wished stenciled. Council
was in general agreement to have the sidewalks stenciled which prohibit
biking according to Ordinance 89 as follows:
a. College Avenue between Birch street and the alley immediately
south of Minnesota Street.
b. Minnesota Street between Second Avenue West and First Avenue
East.
c::. First and Second Avenues NW lying south of Ash Street.
d. Ash street between college Avenue and Second Avenue NW.
~) Mer'l Jerzak has requested rates the City would charge for sweeping
streets for the College of st. Benedict prior to the beginning of the
school year. Council agreed that rates have been set previously at $6Ø
per hour for equipment and $6Ø per hour for an operator. Hiemenz made
a TOed.ion to approve the request to allow sweeping the streets at the
Cullege of St. Benedict at the existing rates and to require an
operator with the equipment; seconded by Hazen. Discussion - Hazen
suggested that if the street sweeping would be an ongoing thing that
Counc::il may be open to negotiation.
Ayes: Heber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
I 6) IJirector of Public Works has been directed to correct the
visibility problem of the stop sign at IJate Street and College Avenue.
CUUNCIL I-ŒPUHTS
Page 2645
September 1, 1'::J~4
RIEKE: Rieke reported that Loso and he have met with the employees and I
the Pulice Federation on the Wage and Benefit requests.
HAZEN: Ha:¿en presented handout of suggestions for policy and
a
procedure in handling tapes of City Council meetings. She stated that
this is informational material at this time, and requested that the
matter be placed under Old Business. Hazen also suggested that the
cost of wiring be considered in changing the sound system/recording
cabinet.
LUUU: 1) Loso stated that the Personnel Committee has received a
Y'equest fr'om Mary Generous to change her work schedule to adapt to her
needs. This change of work schedule would be in effect from September
6, 1~'::I4 thr'ough June 2, 1~'::I5, with her work day lessened by 1.5 hours
on even number'ed calendar days, and allow her to take her lunch and
coffee break at 2: 15 on those days. She also offered additional
allowances for work outside of these hours. Loso made a motion to
appr'c.1ve the pr'oposal as requested, which includes maintaining her full
time benefit status; seconded by Hieke. Discussion - Mayor Heber asked
Stapleton if she has viewed and agrees with this proposal. Ayes:
Heber, Hieke, L0so, Hazen, Hiemenz.
Nayes: None. Motion carr'ied.
2) The Personnel Committee will have a wage and benefit summary
available for' the Council's consideration at the next Council meeting. I
HIEMENZ: Hiemen;¿ pr'oceeded with action to ratify the two motions of
'Lhe August 2'::1th joint meeting with St. Joseph Township at the Township
Hall. Hiemenz made a motion to appr'ove the City and Township
proceeding with negotiations on the Roske property. The motion was
seconded by Hazen.
Ayes: Heber, Rieke, Loso, Hazen, Hiernenz.
Nayes: Nune. Motion carried.
HiemE:>nz moved that the committee that received the appraisal report,
(Township Hepr'esentati ve l:!er'nie Schloemer, Fire Department
Hepr'E:>sentati ve John Meyer and City Representative Ken Hiemenz) , would
wor'k with John Scher'er as a negotiating team putting together numbers
anù a purchase proposal on part of the property; seconded by Loso.
Ayes: Heber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
2) ~a.ar· City application for the Design Team has been completed and
ior'war'ded for consideration by the Minnesota Design Team. The proposal
is for the Design Team to come to our city in the spring and work one
weekend with community involvement.
::;) Hiemenz made a motion to approve attendance at the Star City
Confer'ence, September 21-23 by several members of the Star City
Cornmissi0n. Hequest is for two, three day registrations, at a total I
registration cost of $320; and to allow flexibility for those in
attendance. The motion was seconded by Hieke.
Ayes: Heber, Hieke, Loso, Hazen, Hiemenz.
Nayes: N c.Hle. Motion carried.
Page 2b4b
September 1, 1'::1~4
I 4) There are two items on the agenda for tonight which should have been
addressed by the Planning Commission. The Planning Commission is
charged with everything under Ordinance Number 51 through Ordinance
Number ::)'/. Everything under building, zoning, parking, subdivision,
housing maintenance, fence and excavating should be reviewed by the
Planning Commission. îhe Planning Commission was bypassed on the
Public Hearing on Alley vacation.
::) Sidewalks is under Old Business but Ordinance 33 addresses
const:i.~uction, maintenance, and repair o:f sidewall{s, and lays out cost
responsibilities. Ordinance 33.6 addresses public sa£ety.
6) Donations by the City, to private entities and entities which are
not under direct control of the City, such as the Whitney Center and
other organizations, is addressed in an Attorney General's Opinion
1'3:34. '39 which states that donations o:f this type are prohibited unless
they are expressly authorized by State Statute or Charter.
( Corn?ction by Hiemenz) The City Attorney has already commented on one
solicitation and recommended denying the request. Mayor Reber stated
that we should get advice :from the City Attorney on these issues along
with tht? donation to the RSVP Program.
CL~ßfU Al>1HHIBTRATUß RJ::PURTS: 1 ) OBL Labs intends to explore using Tax
Incremt?nt Financing :for an expansion project. Dean Otterson o£ Stearns
County HRA, Bob Helland and Lee Monk o:f DBL Labs, and Stapleton met
I recently.
Dean utterson is willing to assist with this venture.
:¿) The CURE Community Day committee is planning and preparing by
soliciting donations, talent, goods, and assistance. The Second Annual
Community Day will be held on September 18. Rieke made a motion to
app:r'Qve $3ØØ to be allocated for funding needed for Community Day;
seconded by Hiemenz.
Ayes: Heber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
8) Leo Sadlo, Joe Bettendorf, Dick Taufen and I met to discuss water
impr'ovements and rates. Pr'oposals will be presented at the September
1~ Council meeting.
4) Fall Cleanup dates are October 6 and 13.
:..,) We received a request fr'om an anonymous resident to make the Council
aware of their request to pr'ovide funding for services which benefit
City residents only.
b) Mar'lys Sebasky called questioning about having her stub street
upgraded and the costs involved. Also, Dennis Stueve has approached me
un Ì1ë:1ving the alley by his residence repaired.
'/) Mary sent out about 24 delinquent water notices recently.
8) Hecently Judy has cumpiled a grant application to the Design. Team
ior the Star City Committee.
I ~) Election Judge Training was held for 14 judges. There are seve:r-al
new Judges, so -Lhey will all serve for both elections.
lØ) The College of St. Benedict has requested to review the wastewater
agreement with them. It has not been reviewed since it was
established. Joe Bettendorf and John Scherer were instrumental in
negotiating and drafting it.
Page 2647
September 1, 1<;J~4
11> Ordinances jj & 61 need updating to provide for licensing I
contractors who are not covered by State licensing requirements.
Hiemen'¿; made a motion to allow the City Attorney to provide a draft
amendment to these ordinances; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
12) Stapleton asked and the Council agreed to have the Assessment
Hearing for the Old Highway 52 Improvement project at a regular Council
meeting in October.
1:3) St.. Cloud is monitoring the required pre-treatment program for
specific industrial users that are required to have permits, and are
within the cities that use the St. Cloud Treatment Plant. MPCA has
indicated that we are not in compliance because all the requirements to
issuE::' penni ts a:r'e not yet in place. DBL Labs has been contacted to
make application for- a per-mit.
14) League of Þ1innesota Cities Distr'ict meetings will be held around
'lhe State this falL Hazen made a motion to allow one member of the
CO\,mcil and one per'son from the Clerk/Administrator's office to attend
Lhe closest district meeting; seconded by Reber-.
Ayes: Heber', Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried. I
League üf Minnesota City dues for this year were included in the bills
payable of $2, :320.
PHŒ~;TUCK : Council reviewed information received from the City Attorney
about Pinestock. Hiemenz stated that he felt that the proposal was
weak. May 0 x, Heber stated that compromises need to be reached and
recommended 'lhat the Council refer the matter to the CO R I::: Committee for-
recommendations.
WUHK~;HUP : Hiemenz made a motion to approve the attendance of one
participant, the Maintenance Supervisor if he is available, at a Tort
Liability workshop to be held in St. Cloud on September 27; seconded by
Hieke.
Ayes: Heber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
THUTH IN TAXATIUN PUBLIC HEARING: The Council set the Truth in
'l'axation Public Hear-ings to be held December S with the continuation
date December 14 if more time is needed. Both Hearings will begin at
'j: 00 p. m.
lJl 'EN TU THE PUBL]C
Dar'y 1 Cüunter, 206 West Minnesota Str-eet, discussed the proposed alley I
v8.cation. He was direc'led to comment during the public hearing on this
issue la'ler in the meeting.
Mike McDonald asked for his new house number' , and questioned when the
Page 2648
September 1, 1994
4 _ . .
notices would be sent. McDonald understood that his new address has
already been established and would like to change it on his house
I beÍore winter begins. Mayor Reber requested that Stapleton have the
correct house number called to McDonald's residence on Friday.
Ha~en made a motion to recess Íor fifteen minutes at 8:05; seconded by
Loso.
-
Aýes: Reber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Mayor Reber reconvened the meeting at 8:20 p.m.
Hazen questioned the status of the Linnemann Inn parking lot. City
Attorney will be directed to review it.
¡'-Ja:HC~ }ŒUU~~'r: Gordon Brown and Charlene Irvin, 411 West Birch Street,
appeared before the Council to request permission to fence their back
yard. Brown stated that the Council has previously allowed them to
hav~~',;~1:.lr~~ ~ogs, and the intent to fence the yard was included in that
request. He also stated that they have permission of the adjoining
neighbors to place the fence one foot off the lot line. There is an
existing sewer line near the rear lot line. Hiemenz made a motion to
allow the fence to be installed as requested but moveable panels or
gates would be required to be install~dto provide access to the sewer
I line. Hazen seconded the motion.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
LU1' ~PLIT HEUUEST: Arnie Lauer discussed with the Council that an
Outlot with access to 91st Avenue provides access to his and Nick
rroele's property along with partial access to Bill Barg's residence.
The access to Barg's crosses Lot 3, Block 3 Pond View Ridge Addition,
adjacent to Outlot A. Barg stated that if Flick Heid of Marick
Development, (the property owner) would give him an easement that is
all he needs. Hiemenz made a motion to approve the splitting of the
Lot 8 as requested, subject to the approval of the Planning Commission,
and property owner. Seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
ALLl-:Y VACATIUN HJa:UUJ:;~T: A public hearing was held at 8:30 p.m. on a
petition from the Sisters of the Order of St. Benedict and the Church
of SL Joseph, requesting vacation of the following alleyways:
a) the alley between Lots 8 and 4, Block 3 South of the South
Right Of Way line of Minnesota Street;
b) the alley between Lots 3 and 4, -Block 4 South of the south
Right Of Way line of Minnesota Street; and
c) all that part of the alley lying Southeasterly of Blocks 3
I and 4, Easterly of the Southerly extension of the West line
of the East Half of Lot 2, Block 3 and Westerly of the West
Hight of Way line of College Avenue South, excluding that
portion of said alley lying Southeasterly of Lots 4, 5, and
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Page 2b4r::J
~epteTflber 1, 1994
b, Block :.3, previously vacated by resolution o:f this Council I
datl2d April 1, 1'924.
J er'r'y ~elph, representing the petitioners, discussed the request to
vacate with the Council and interested persons in attendance.
Linúa Sniezek presented information on the alley that runs east-west
:i r'om First Avenue SW and Second Avenue SW to St. Benedict's entrance.
She ~tated that:
1. Tbe alley is cur-rently being used by the residents
7. 'l'he alley is used for garbage collection service, vacation of the
alley would requi:c'e collection on Minnesota street and be
counterproductive to the Beautification Project.
:3. would r'estrict ingress and egress access 01 the individual
pr'oper'ties to Minnesota Street only, which is very dangerous during
busy times.
1. Some residents use the alley as an entrance to their garages
L ~he also questioned the access ior' iire protection to the Lab
-'.
School, should vacation be allowed.
Linda Sniezek also presented written comments in opposition to vacatioD of
the alley ir'om James ~. McDonough, Joseph L. Flock, Daniel J. Jost, Gregory
H. t:ayers, and Char'les 1::. lsenmann, her renters at 218 West Minnesota Street
.
'I'hey indicated that the pr'oposed vacation would hinder the saf~ty of JII
l'linnE:'sota Street, decrease the beauty of st. Joseph, cause an inconvenienc
tu the citizens -Lhat live near the alley, and cause garbage service to be
from Minnesota Street.
Alice SchiDdler and Daryl Counter also exp:c'essed their concerns oi access to
their prQperties and saiety.
Af ter' further' review of the ar'ea requested far vacation it was noted that th
\2
vàcé:ltiun between Fir'st Avenue SW and Second Avenue SW went irom First Avenue
'Lu the west side uí the convent entr'ance only. Therefore the vacation would
have less eíiect on these property owners and residents. Hazen stated that
a public pur'PQse must be served by the vacation. Hieke made a motion to
appr'ove the vacation as requested to serve the public purpose oi reducing
liability, with the fallowing stipulations:
, 1. The ~isteI's 01 the Urder give a roadway and utility easement at the
convent entrance.
¿. },'ir'e lanes are granted as requested and approved by the Fire Chief.
:3. Utility easements aI'e granted as necessary.
The City Attorney approves the vacation with the conditions. The motion was
seconded by Loso.
Ayes: H.eber, Hieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried. I
Hiemen:.:: will bring this matter to the Planning Commission for their
x-ecomTllenda 'lion s Qn Sept.ember' 6.
The Hearing was closed at '::1:00 p. m.
Page 2b~Ø
September 1, 1994
I PULICE CHIEF CUNTRACT: Loso made a motion that the proposed Police Chief"
contract drBIt is presented to Bradley Lindgren £or his review and comment;
st=t;onded by Rieke. Discussion - Ha:zen requested that the contract terms are
í:rom January 1, 1':3'3:.) through December :.31, 1':3':36.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. l'lotion carried.
Loso made a motion to adjourn at ':3:04 p. m. ; seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion carried.
Rachel Stapl ton
Clerk/Administrator
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