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HomeMy WebLinkAbout1995 [09] Sep 15 Page 2561 September 15, 1<::1<::15 Purl:3uant tu due call and notice thereof, the city Couuncil for the City I of St. J"oseph met in regular session on Thursday, September 1::S, 1994 at '/:00 p. m. in the St. Joseph City Hall. ~embers Present: Mayor Donald "Bud" Reber. Councilors Ross Rieke, Bob Loso, Stephanie Hazen, Ken Hiemenz. Deputy Clerk Judy Weyrens. º_thers Present: Dan Nierengarten, Mike Hazen, Dave Mohn, Brian Orcutt, Bt:H1 Poepping, Mary Ann Poepping, Travis Rose, Rick Heid, Gary Schleicher, Mark Sakry, Chris Ver 10, Rachel Stapleton, Joe Bettendorf. Approve Agenda: Loso made a motion to approve the agenda with the :following additions: Clerk/Administrator Reports e) other matters of concern; City Engineer Reports a) other matters of concern. The motion was st=conded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried ~:0:0 Approve Minute§: Loso made a motion to approve the minutes of August 2~ì, 19<::14 and September 1, 1<::194; seconded by Hazen. Discussion: Hiemenz stated that he had requested that the record r'~ílect and acknowledge the work Weyrens completed with regard to the Minnesota Design Team Application. This correction is to be made to the September 1, 1<::194 minutes. Ayes: Heber, Rieke, Loso, Hazen, Hiemenz. Mayes: None. Motion Carried ~:0:0 I Treasurer's Report: Loso made a motion to approve the August 1994 Treasurer's Heport as presented by Weyrens. The motion was seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Bills Payable: Loso made a motion to approve the bills payable as pr'esented, check numbers 2Ø1Ø4 - 2Ø0<::15; seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Mayes: None. Motion Carried 5:0:0 Overtime & Callouts: Loso made a motion approving the call outs and over'time as presented; seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 tlAYUIt ItJ::PUItT5 Crosswalk: Mayor Reber stated that after reviewing the sidewalks he noticed there is not a painted crosswalk at the intersection oí Minnesota Street West and Second Avenue NW. Since this is a high tr'aííic area, Heber is requesting the Council consider the installation of a c.:rclsswalk. Hazen made a motion directing the Maintenance I Department to install a crosswalk at the intersection oí Minnesota Str'eet West and Second Avenue NW. The motion was seconded by Hieke. Discussion: Rieke clarified that the crosswalk will only be on one Page 2562 Sep'tember' 15, 1.9<::15 side o± Minnesota Street. After discussion, the crosswalk is to be painted on the West side o.f Seconded Avenue NW. Ayes: Reber, 1<ieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried :5:0:0 COUNCILUR R~PURíS RiEKE Ea!?l.....I1innesota Street Com'Rlaint: Rieke stated that he has received a complaint from a resident in }.'orest Ridge who is not satisfied with the pr'oject on l:;ast Minnesota Street. Heber requested that this matter be pr'esented to the l:;ngineer during his report. HA:¿l:;N ?tr~t .Liqhts: Hazen questioned the status of the installation o:f street lights on l:;ast Minnesota Street. Heber stated that he has contacted Stearns Electric and they need to secure the easements before installation can begin. 1'his matter will be referred to the Engineer lat~r at this meeting. LUSU Eark-R?quest: Loso stated that he received a letter :from Judy Bruemmer who rented the park shelter. In her letter Bruemmer stated that $20.00 was withheld fr'om her' damage deposit because the volleyball was missing the following day when the parks were checked. When she left that night the volleyball was in the park shelter; thus she doesn't feel 'Lhat she should be charged for the loss. Loso made a motion that since 'Lhe parks ar-e not being locked at night, the money should be refunded 'Lo Hr'uemmer' . The motion was seconded by Rieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried ~:0:Ø M~jntenance Worker: Public Works Director, Dick Tau:fen, has requested that Mike E;worski move from step 1 Maintenance Worker to step 2 Maintenance Worker. Sworski's anniversary date of employment is Sept~mber 28, 1<.:194. In his recommendation, Taufen stated that his work is excellent and Taufen makes the recommendation without hesitation. Loso made a motion accepting the recommendation of Taufen, moving Sworski to Step 2 Maintenance Worker effective September 28, 1994. The motion was seconded by Hieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 eer.ê.Q.DJlel Pa_~: Loso reported that all Council 1'1embers should have retJeivt?d information regarding wage proposals for 199:5, as prepared by the Personnel Committee. At this time Loso is requesting the Council establish a special meeting to discuss the proposal. Information from the City Attorney was also dispersed regarding conducting a closed meeting to discuss the proposal. Reber and Hazen questioned the need to have a closed meeting and felt it could be done at an open meeting. A:fter .further discussion, the Council established an open meeting to Page 25b:3 September 15, 1<3<::15 discuss the wage proposals on Wednesday, September 28, 1994 at '/:øø p. m. Police pepartment Neetinq: Due to the election on September 13, 1994, -Lhe City Council and Police Department meeting has to be rescheduled. The Council is requesting input írom the Police Department as to possible meeting dates. HIU1h:N:¿ star City: The Star City Committee is in the process of gathering iníor'mation. As part oí the process the Council will need to discuss and adopt a Capi'la1 Improvement Plan. Hiemenz suggested that this prouess begin sometime this winter. P~anninq Commission Report: 1. Authorized Diamond l:;nergy to make application íor a Building Pe:!'Tfli t for' the construction of a stor'age building. The building meets all the requir'ements oí the Urdinance. :¿. Hecommended appr'oval oí the lot split as presented by Arnie La uer'. The lot split consists of Uutlot A, Pond View Ridge and a portion oí Lot 3 Block 1 Pond View Hidge. The lot split is necessary io:1' access to the pr'operty owned by Bill Barg. Hiemenz stated that Rick Heid has also agreed to this. Additionally, Hiemenz stated that 'lhe Planning Commission recommended that the City designate this area as a street. HebeX' requested that this matter be referred to the City ~:ng i neer. 'J '!'om Skahen appeared beíore the Commission to discuss the "". t&mporar'y parking lot installed for' Sunset Manuíacturing. The parking lot is sur'f aced with Class 1l. Sunset Manufacturing is considering an éiddition to the building and the parking lot will only be needed until con B'l r'uct ion begins. Hiemenz made a motion to accept the I"&colOmendations of the Planning Commission and approve the temporary fléirking lot íor one year. 'I'he motion was seconded by Loso. Ayes: Hebe:r~ , Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 4. Author'ized the College oí St. Benedict to make application for a ùuilding permit íor' the construction oí the Student Center. Constr'uction is estimated to begin in Uctober, with phase two beginning in F~bruary 1':i9~. ~. Discussed the alley vacation as presented to the City Council on September 1, 1 <::1~'l. Because the utility lines are located in the alley and a fire lane needs to be pr'eserved on two of the alleys, the Planning Commission is requesting that only two of the íour alleys be vacated. Hieke questioned why this matter was being discussed as the Counc..:il has already 'laken action. Hiemenz stated that a contingency of Counc..:il appr'oval was the app:coval of the Planning Commission. Reber íelt it is sufficient to secure easements on the alleys pr'oposed for vacation. Rieke made a motion to table this matter until the October b, 1~'::I4 meeting. Prior to 'lhat meeting, the tape of the previous Council Meeting should reviewed, to determine the exact action taken by the Council. Ttle motion was seconded by Heber. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Page 2564 September 15, 19<::15 Red Flashing Liqht: HieTnenz questioned the status on the red flashing light at the interst:?ction o.f l'1innesota Street and College Avenue. It was determined thaI:. a letter should be sent to the County E:ngineer to dl:?l:.ermine the .feasibility of such a light. R osk,E.LEr o~:iY.: Hiemenz stated that the Committee appointed by the Joint Board to negotiate with Jerry Roske has met and made an offer to Roske. Hiemenz reported that Roske was not happy with the offer, but was willing to :further negotiate. CLERK I AotHNlSTRATUR R~PUlnS Çanvas Election: Clerk/Administrator Stapleton stated that the Council must approve the election results as tabulated. Loso made a motion to canvas the Septembe:c 13, 19'::14 Primary Election results as tabulated; seconded by Reber. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Noi.?e Violation: Stapleton stated that two noise violations have been r'ecei ved for' the property located at 121 West Ash street. The incidents occurred on the evening of September 10, 1994 and the morning ctÍ September 11, 1994 and are being treated as one violation. Reber disagreed with treating them as one complaint, since the Police Department was called twice to the samE' address. By treating this as one violation we ar'e allowing residents to disregard the Ordinances. Stapleton stated that the Council has the right to classify each violation separ>ately. Heber made a motion acknowledging receipt o:f two noise violations at 121 West Ash Street, whereby the proper'ty owner is rwtified and the required hearing is scheduled. The motion was seconded by Hieke. Ayes: Heber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Community Day: The CORE Committee has been working very hard planning Community Day which is scheduled for September 18, 1994. j,..ease Aqreement: City Attorney John Scherer has prepared a lease agr>eement for Shannan's Upholstery to compensate for the sign the City c.:onf:ltructed. The lease agreement extends over a period 0:£ ten <1ø> year's with compensation set at $50.0Ø per year. Rieke made a motion to appr'ove the lease agreement as drafted by the City Attorney; seconded by Lc..so. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Notion Carried 5:0:0 Linnemann Inn ParkinQ Lot: Stapleton stated that she reviewed the in1ormation regarding the Linnemann Inn parking lot and discussed it with the City Attorney. It is the recommendation of the City Attorney to instruct the Planning Commission to be specific as to what needs to be done for compliance. Hiemenz stated that this has already been done and a letter sent to the property owners. Rieke expressed concern as 'Lo why this matter is still an issue, and if it should continue to be Page 25b~ September 15, 1<::1<::15 an issue. Hazen requested that the Council receive a list of what the Planning Commission is concerned with. Hazen made a motion to have available for the next meeting, October 6, 1994, the requirements of the Planning Commission and resolve the matter. The motion was seconded by Loso. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: Nune. Motion Carried 5:0:0 J:æP.erty Complaint: Stapleton stated that she has received a complaint iruTn l:;lmer' }-> r' y:¿ bill a uf <::11st Avenue. He is concerned that the property ownE::'r' adjacent "Lu his property will fill in the ditch along the front p:copE::'rty line. ULD BUSINESS Security Liqht Request: Reber stated that he received information from Northern States Power stating that it was their opinion that running a secondary light beam from the l:;mergency Sir'en electric source would not pr€:'sent any prublems. The light is being requested by Mark Lambert to pI'ovide security lighting for his overflow parking. Mr. Lambert will beaT' all associated Gusts in addition to the monthly charges. Loso TOade a motion to appr'uve the installation of a security light on the r:mergency Siren pule as requested; seconded by Rieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 §idewalks: Reber stated that he has begun the process of reviewing the sidewalks and will be working with Councilor Rieke to present a repair plan to the Council. After reviewing the sidewalks, Reber felt that some of the worst areas are where new sidewalk has been installed. Hieke stated that he has received some information from Steve Dehler with r'egar'd to a pT'evious sidewalk plan that will be helpful in their fJlanning stages. Police Chief Contract.: Councilors questioned the status of the Police Chief contract, at which time Stapleton stated that this was a Council matter and she was uncertain as to the progress. Delinquent utility Bill Hearinq: Mayor Reber opened the delinquent utility bill hearing. There being no one present to speak, the hearing was closed at 8:04. Hazen requested that on a monthly basis Stapletun is to update the Cuuncil un Uld Business items. '!'his can be done through the notes to 'lhe Council. UPJ::N TU THE PUBLIC !3en. . Poepping: Ben Poepping requested to address the Council with regard to the street numbering grid. Mr. Poepping stated that he recently has been informed that his address was going to change from 1:3th Avenue SI:; to 15th Avenue BE. He stated that he understands that the City has adopted a new street addressing grid and from what he has seen it is a very good system. However, he feels that 13th Avenue did Page 2566 September 15, 1<::1':J5 not need t.o bl? changed. If changing his address would cause a problem for emergency services, 01' be dif±icult to locate if he didn't change it, hl? would be willing to do so. Poepping also stated that he was willing to work with the City but was never informed. Mayor Heber extended his apprt=ciation for his willingness to help the City and felt t.hat. the Committee should meet again and review the addressing system. Reber madt= a motion to table address changes based on the new grid sY::3tem, until the Committee has tiTtle to review the addressing system; st=eondt?d by Rieke. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nay€.·s: None. Motion Carried 5:0:0 W&yr'~ns questicmed what addressing system is to be used for' new homes. Af t,er' discussion, it was determined to use the old numbering system urd.,il ~h& Committee has had a chance to review the situation. Hazen mad~ a motion to notify those residents who have already rec..:eived a lwt,ice of address change, requesting that they continue to use their c..:urTê'nt addr'~ss until the Committee makes a recommendation. This n(l'\.,iG& is;'.o be hand deliver'ed as soon as possible. Additionally, if 'lh~ affected residents express concern about receiving their mail in a 'lim~ly manner' , tIle City would offer to pay for the rent of a post (I:tf iue:- bCŒ until the matter is resolved. '!'he motion was seconded by Hiernenz. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried 5:0:0 Hazen made a motion to recess at 8:30 p.m. ; seconded by Loso. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried ~:0:Ø Mayor' Heber reconvened the meeting at 8:45 p. m. Buildinq Inspector: Hiemenz l~eported that the Planning Commission has requested that a letter be sent to Hon E::uteneuer with regard to the error on Hosemary Meyer's building permi t. A building permit should not have been issued until a variance had been applied for and appr'oved. Hiemenz made a motion to send a letter to the Building lnspector as requested by the Planning Commission, requesting that he review t,hE:' St. JQseph Code of Ordinances before issuing building per'mi ts to prevent this type of error from happening again; seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried ~:0:Ø CITY ENGINEER kJ::PUHTS East MN Street: City Engineer Joe Bettendor:f presented a summary of cost associated with the l:;ast Minnesota Street project. Bettendorf stated that the project finished approximately $38,800 lower than projec.:ted. Savings were noticed because the utility lines were routed under the highway rather than excavating and restoring the road, and there was no need to install temporary driveways. In the event that additional costs are incurred, Bettendorf stated that a retainage has Page 25b7 September 1 ~I, 1 ':1':1:'1 bl:::'\2n set aside ÎO:c this purpose. Ha¿:E?n made a motion accepting the summary as presented which included reÎunding the affected property owners approximately $ 1, 100.00. The motion was seconded by Loso. Ayes: Heber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried S:0:Ø Bettendor.f stated that an assessment hearing will need to be held to reduce the assessments. Hazen made a motion approving the resolution for hearing on proposed assessment, to be held on Thursday, Octobel~ 20, 19'J4. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carr ied. Old Hiqhway 52: Bettendorf presented a summary of the costs for the l'econstruction o.f lJld Highway 52. The total costs of the project came in at $101,860. Bettendor.f stated that the hearing for the assessments n¡¿eds to be established. Additionally, he stated that he has two concerns on the project, but will address those at the hearing. Hazen mad!:? a motion accepting the project costs and calling for a hearing o.f probable assessments, to be held on ï'hursday, lJctober 2Ø. 1994. The motion was seconded by Rieke. NortQland III: Bettendorf discussed with the Council the parkland for N(H'tbland 111 and the drainage issue. The developer, Terry Schmid, does not feel he should pay for the additional cost of running a storm d T' a i n ird..lI the par'k. Bettendorf stated that in the past we have not :cE::>quired the developer to pay for improvements to the park. At this 'LimE::> it is questionable if the drainage pipe is needed, but it is cheaper' to install at this time. After considerable discussion and the desire Lo the park dry, Hiemen:¿ made a motion to share the costs of the stor'm drain (that part which leads into the park) , with the developer. The mc..d.iun was seconded by Hazen. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: Nune. Motion Carried 5:0:0 Hettendorí stated that he would contact Mr. Schmid discuss the actions 'LaKE::'n at this meeting. 12th Avenue Access: Reber questioned Bettendorf on the importance of acquiring the necessary property for the 12th Avenue access, as he is T'Eo'ceiving phllne calls requesting such. !::Iy completing 12th Avenue from r:ast !::Iaker Str-eet to Minnesota street East, some of the traffic on East l-Iaker would be relieved. The ClIuncil was in agreement to begin this procE:>ss and turned the matter over to the City 1:;ngineer. c:ounty_Road----1-21 : Upon being questioned the status of the improvements to COU!lty Hoad 121, Bettendorf stated that the City was successful in having 'lbE:> impruvement placed in the County Five Year Plan, with the improvement taking place in year five (~) . \'later Tower ~~t_.9..Ì"lj:. i ng : Hazen questioned Bettendorf on the status of the watE:'r' 'lower- illumination. Bettendorf will check on the status and report back to the Council. Page 2568 SeptembE'r 15, 1995 Street Lights - Ea^st r:UJ: Bettendorf stated that the easements have been prepared for the I::ast MN Street project and he will have them executed as soon as possible so the street lighting can begin. - Tax Increment Fin8ncinq: Bettendorf stated that DBL Labs and MCO are interested in TI~ ~inancing, and has discussed this matter' with the City Attorney, John Scherer. Scherer recommended that the Council enact a resolution authorizing the City to contract with Stearns County HRA to plan. They would discuss, coordinate and facilitate the possible uses of tax increment financing for the development o.f industrial areas within the City of st. Joseph. Rieke made a motion t.o enact the resolution as stated above; seconded by Hazen. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried :5:0:0 Ha;¿;en, Reber and Hiemenz all requested to be part of this process. Wastewater Ordinance: Bettendor:f stated that permits will be issued to DBL Labs and MCO for industrial permits. Pr~liminary Plat - Rick Heid: Mr. Heid stated that he is requesting approval 01' the preliminary plat for Pond View Ridge, relie.f from the requirement annually renewing t.he plat and approval of the final plat .for Pond View Ridge Two. Loso made a motion to approve the plat as recommended by the Planning Commission; seconded by Hazen. Ayes: Heber, Rieke, Loso, Hazen, Hiemenz. Naycs: None. Motion Carried :3:0:0 Heid also requested relief from the charges of preliminary plat as he was not awar'~ of the requirements and was not informed. Additionally, the plat did not need to be reviewed by all the consultants. Hazen m8d~ a mution to waive the preliminary plat fees as requested; seconded by Loso. Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: None. Motion CarTied 5:0:Ø The Council discussed with Mr. Heid the request of Arnold Lauer and Hill Har'g. As stated earlier, Lauer and Bar'g are requesting a lot split of Lot 3, Block 1 Pond View Ridge. Mr. Heid stated that he is willing to give Lauer and Berg both Uutlot A of Pond View Ridge and split a portion of Lot 3, Block 1 in order to provide access to Mr. Har'g , s proper'ty. Hiemenz stated that the Planning Commission has recommended that the Council consider designating Outlot A as a City Street. Bettendorf stated that this matter should remain between proper'ty uwn~rs and the Council should not take action on this, but ret,ain the utili~y easements. Heber requested Bettendorf to make a X'\?commendation to the Council. Final Plat - Pond View Ridge Two_: Heid stated that he is also requ~sting approval of Pond View Hidge Two, the development of one lot. This lo-L has utility services to the property and has been sold. After PagE? 25b9 September 1 :'1, 1<;:¡~5 reviewing the final plät of Pond View Ridge Two, Hazen mad\:? d motion to approve the final plat as presented; Seconded by Hit=men-z. - Ayes: Heber, Hieke, Loso, Hazen, Hiemenz. Nayes: Núne. Motion Carried ~:Ø:0 The Cúuncil discussed with 11r. Heid the future phases and requested 'lhat he consider building the phase closest to Minnesota Street next. Heid stated that his plans are to develop on the South side of the curr'ent development, but would consider developing part of the front púr'tic.m. Summer Recreation - Boys and Girls Club: Chris Verlo and Mark Sakry, St. Clúud Boys and Girls club appeared bei or'e the Council to discuss the summer' re:ocreation prúgram and the Babe Huth League. Verlo stated that she met with the St. Joseph Legion and St. Joseph Recreation Association with regard to the Babe Huth League. The Legion will assist finanuially and the Hecreation Association will be the lead agent. Mayor Heber' e>:tended the meeting 15 minutes. VE:'r'low stated that the summer l-ecreation program was very successful this year with 222 participants. Also discussed was the financial report and uosts associated with the program. Gary Schleicher: Schleicher appeared before the Council to discuss the recent impr'ovements at the ballpark. One of the complaints discussed was 'lhe lack uf pad'.ing. Schleicher' stated that have approached the Cùunty íÙ1' a second access from Highway 3 and would like Council aut h (Jr' i z a t ion tú c.:r'eate additional parking. The Council agreed to :,,'e:oíer' this matter to the Parp. Board. Sctde:oicher' stated that the Hecreation Association has secured a gambling license to sell pull tabs at the La Playette. Due to gambling l~estrictions, the money cannot be used by the same club raising the iunds. Since the City úwns the par'kland and will benefit from the impr'CJvements, Schleiuher is requesting the City be the lead agent for lhe impl-úvements, and 'lhey will fund the donations. The Council concurred to ref e r' this matter to the City Attorney for a legal (¡pinion. Ken Hiemenz stepped down from his chair at 10:10 p. m. Ken HiemE'nz - Variance Request: Hiemenz stated that he is requesting a one ( 1 ) íoot variance to construct an addition to an existing garage. 'i'he uurrent garage is located four feet four inches from the property line. III addition, Mr. Hiemenz stated that he will be removing onE' small 8 x 8 building and relocating one 8 x 10 storage shed. The total square feet of all three (3 ) buildings will be 811 square feet. As the Planning Commission ¡'ecommended approval, Hazen made a motion to appr'ove the one ( 1) foot variance request of Ken Hiemenz to allow for Page 25~/Ø September 15, 1~9~ the construction of an addition to an accessory building. Approval is based on the meeting of the criteria as stated in St. Joseph Code of Ordinances 52.7 subd 2 (a-e). The motion was seconded by Loso. Ayes: Reber, Rieke, LOBo, Hazen. Nayes: None. Motion Carried 4:0:0 Hiemenz resumed his chair at 10:18 p. m. HiemeI1z made a motion to adjourn; seconded by Loso. Ayes: Reber, Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Carried :5:Ø:0 st(y iJ~ udy Weyrens Deputy Clerk