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HomeMy WebLinkAbout1995 [04] Apr 20 Page 2781 April 20, 199=, Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 20, 1995 at 7:0Ø p. m. in the City Hall. MEItBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Brad Lindgren, Joe Bettendor:f, Gary Utsch, Art Hiemenz, Edith Hiemenz, Mike Hazen, Steve Streng, Ed Turley, Diane Schneider, Mark Loso, Mark Zimmer, Dave Hollander, Carol Tamm. Mayor Reber called the meeting to order at 7:00 p.m. with Mayor Loso; Councilors Loso, Hiemenz, and Ehlert present. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CONSENT AGENDA: Loso made a motion to approve the consent agenda of the minutes o:f April 6 and April 12 and with removal of item b) Owner's petitions to annex the Roske property. The motion was seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Mayes: None. Motion carried. A:fter short discussion of the need to annex a greater area than only the Roske property, Reber made a motion to begin the process o:f annexation o:f all the property which lies east of 3rd Avenue East and west of 9ist Avenue, between the Railroad tracks and East Baker Street which is not currently within the City limits. The motion was seconded by Loso. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. Loso made a motion to approve the bills payable check numbers 20892 - 20903, and to include a payable to Design Electric o:f $489.35; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso made a motion to approve the overtime and callouts as presented; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Rieke arrived at 7:10 p.m. TREASURER'S REPORT: Deputy Clerk Judy Weyrens presented the March treasurer's report which included the quarterly detail. After short discussion of revenue received, budgeted roll overs and amounts needed to :fund the roll over amounts, Loso made a motion to set up a rollover :funding source :from the balance o:f the revenue received over expenditures from 1994 and 1993 budget years. This amount will be Page 2782 April 2O, 1995 adjusted annually as needed with the audit. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Also discussed was account 101-45124-530 Millstream Ball Park of ($17,964.80) which is the balance needed from the St. Joseph Recreational Association to fund their project from 1994. Loso made a motion to approve the March Treasurer's report; seconded by EhleT't. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Weyrens also presented a financial report on the status of the star City Commission. MAYOR'S REPORT: 1 ) Court Cabinet Shop prepared a proposal for construction of a locking cabinet to house the sound equipment, and a TV-VCR, and storage for tapes, ordinance and associated manuals for $895. Hiemenz made a motion to approve the proposal; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 2) There has been another incident of garbage burning on a City street. This time there was damage to the street surface. The Chief o:f Police stated that there have been several fires started recently. 3) The Mayor received a call o:f dogs running loose. The caller is reluctant to complain to the neighbor. The Mayor and Council generally agreed to give a copy of the dog ordinance with each dog license. 4) The St. Cloud Area Economic Development Partnership has made contacts for the benefit of St. Joseph. 5) Mayor Reber made a motion to send a letter to Commissioner Rose Arnold requesting the support of Stearns County in the plans to abandon the Railroad from St. Joseph west. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Eh 1 ert. Nayes: None. Motion carried. COUNCIL REPORTS RIEKE: The CORE Committee met and their major issues are a proposal to the organizers of Pinestock for funding for additional services needed by the City, specifically police, cleanup, and a goodwill fund. CORE is also planning now for Community Day in the fall. EHLERT: No report. LOSO; Dick Tau:fen felt that a dumpster would f'unctìon better at Centennial Park. Loso made a motion to approve a two yard dumpster for Page 2783 April 20, 199~t Centennial Park; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso made a motion to approve two fire extinguishers which are needed to be installed in the park shelters by the stoves. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso presented in£ormation about the cell phone being purchased. HIEftENZ: Hiemenz discussed the Design Team schedule £or April 27 through April 29, with the Town meeting on Friday evening. He also discussed that the budget report discussed earlier showed that the Star City Commission has not exceeded it's budget. The Council agreed to circulate a Design Team video which provides information about the Design Team. CHIEF OF POLICE REPORTS: 1) The Chie£ of Police will be attending the Chie£'s o£ Police conference next week. 2) The dilapidated bus of Dale Salo's by Cloverdale Estates has been removed. 3) Chie£ Lindgren discussed various elements of his report and stated that speed continues to be a problem. Several vehicles have received citations for speeding over 80 mph on County Road 75 coming into the City. He also has sent information to the College and University concerning the Sa:fe and Sober program. Rieke asked i:f the CORE proposal was discussed at their summit meeting with the College and University o£ficials. Lindgren stated that it was discussed, although somewhat negatively. Ehlert stated he received some positive feed back on it and there may be some consideration :for some funding for extra services in connection with Pinestock. 4) The unmarked car is being used ef£ectively during the Sa£e and Sober en£orcement periods. 5) Council discussed the water use request by the TRAM Committee. Hiemenz made a motion to approve the request as it relates to the City; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 6) Lindgren informed the Council that he had discussed with College and University of£icials the Fast Cop grant application process and that additional funding is needed to hire another police of£icer through this grant program. The grant :funding :for this program is over a three year period. He stated that the colleges seemed somewhat agreeable to Page 2784 Ap:c'il 20, 1995 assist in funding for an additional officer. Council discussed the amount of the grant and the balance of funding needed. Lindgren stated that St. Joseph has already been awal~ded fl~om $68, Ø0Ø to $74,0Ø0. Rieke made a motion to approve the Mayor and Chief of Police to discuss the matter with the Colleges and to get a funding commitment, and Lindgren will prepare and send in the application forms. The City will commit when we begin the next budget year. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehle:c't. Nayes: None. Motion carried. BOARD OF REVIEW: At 8:05 Mayor Reber called for a recess of the regular meeting and the Council opened the recessed Board of Review. After short discussion Hiemenz made a motion to approve the following changes; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Parcel 84-53427-007 Clarence Fischer - Reduce estimated market value from $84,300 to $81,900. Parcel 84-53794-020 A & S Properties - Reduce estimated market value from $223,800 to $216,5ØØ. Hiemenz made a motion to adjourn the Board of Review; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion ca:cried. VARIANCE REQUEST - ED TURLEY: Ed Turley appeared before the Council to discuss a variance request heard by the Planning Commission on April 3rd. The request was to consider a two and one half foot variance on the side ya:c'd setback so he can construct an addition to his home. The property is legally described as Lot 18, Block 3; Eastern Park Addition. Request for variance has been submitted by Edward Turley and Carolyn Finley, 106 - 4th Avenue SE, St. Joseph. The Planning Commission recommended to the City Council to app:C'ove the two and onE' half foot sideyard setback va:c'iance as :c'equested. Loso made a motion to approve the variance as requested and as recommended for approval by the Planning Commission. The motion was seconded by Reber. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. OPEN TO THE PUBLIC: No one appeared before the Council. Hiemenz made a motion to recess at 8: 10 p. m. ; seconded by Ehlert. Ayes: Reber, Rieke, LOBo, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:22 p. m. EMPLOYEE SAFETY REQUIREnENTS - A.W.A.LR: Stapleton discussed with the Page 278~1 April 20, 1995 Council the requirements of the federal safety act A.W.A.I.R. She discussed the status of preparation of an employee safety manual, and the need to establish a Safety Committee. The Council was in general agreement to have the Committee consist of the Department Heads with Councilor Loso leading the committee as he requested. KEG ORDINANCE: Mayor Reber opened the floor to discussion and input on the proposed keg ordinance which would require a permit to have a keg on premises. Rieke stated that the intent is to not burden the liquor establishments, and also suggested shortening the required seven day advance application, and the need to provide for impromptu parties. Brad Lindgren stated that he would like the ordinance to make it illegal to falsify the landlords signature. Concern was expressed that even though the liquor establishments will not be required to enforce it, customers may perceive that they are. This may cause the local liquor businesses to lose business. There will be more parties out of town, which will cause more driving after drinking. If there is more than one keg on a property would it give the police the right to walk on the property~ which would be an intrusion o:f privacy? Chief Lindgren stated not necessarily, the police are required to have probable cause to enter. Rieke stated that until the public is educated to the need for a permit the police could give an after the fact permit at a slightly higher :fee than the pre-application would require. The group discussed the purpose of the proposed permit process; for the police to identify the location of parties in order to watch them. The liquor license holders also express concern :for loss o:f their kegs and tappers. In order to get their kegs returned a:fter the kegs are con:fiscated by the police, the vendors must purchase them :from the police. There was also concern expressed for the need for larger parties to have more than one keg, also :for catered parties. Other concerns were that there would be individuals driving a:fter drinking~ to return a keg in order to get another one; how to handle parties that want another keg but the :first one is not empty when it gets close to 10 : 00 p. m. ; may cause more abuse of hard liquor. O:f particular concern were larger parties, family reunions, and :functions in the parks. Some houses have a small keg in the refrigerator continuously. How would these situations be handled? Mayor Reber stated that these concerns will be presented to the City Attorney for further recommendation. Rieke felt that this matter should be fully considered prior to adoption of any change to the keg ordinance. The liquor license holders will be sent copies o:f further proposals on the keg ordinance. CITY ENGINEER JOE BETTENDORF REPORTS Page 2786 Ap:cil 20, 199=1 WELL NUKBER 4 BIDS: Joe Bettendorf stated that the City received ten bids for Well Number 4 and presented the bids as tabulated. Hiemenz made a motion to approve the low bid of Donabauer Well and Pump Company of $11,730, subject to the submission of the required documents; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. REFUNDING RESOLUTION: Hiemenz made a motion to approve a Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code, to allow the Water Improvement Project to be considered in the next bond issue of the City. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. PUMP HOUSE RENOVATION: Hiemenz made a motion to advertise for bids for renovation of the pump house to accommodate well number 4; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Bettendorf asked the Council what they opposed in recycled bituminous for parking lots. Council felt that it is not dust free. Mayor Reber discussed installing driveways in new developments. Bettendorf stated that the City may consider using drive over curbs as is installed on Old Highway 52 by the 8-plex. Council was in general agreement to place this matter under Old Business. GENERATOR BIDS: Bettendorf recommended rejecting the bids as opened on February 24, 1995 and considered March 2, because they exceeded the engineer's estimate by a considerable amount. Hiemenz made a motion to reject the bids as recommended; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. The Engineer stated that Center City has a used surplus generator available. They will check on the condition and specifications of it. POLICE CHIEF CONTRACT: Council discussed the revised proposed contract with Bradley Lindgren for Chie:f of Police services, as prepared by the City Attorney. Loso discussed the indefinite period of the contract and various issues of it. He stated he would like the Council to review it :further. After further discussion of the Council Rieke made a motion to approve the contract; seconded by Eh 1 ert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: Loso. Motion carried. ABANDONED CONSTRUCTION: Council discussed the need to clean up the property at the entrance to Clinton Village. After some discussion Reber made a motion to grant Loso Council authorization to contact the property owners to discuss their intentions :for the property, and the Page 2787 April 20, 1995 needed cleanup. The motion was seconded by Rieke. Ayes: Reber, Rieke, LOBO, Hiemenz, Ehlert. Nayes: None. Motion carr ied. Ehlert made a motion to adjourn at 9:58 p. m. ; seconded by Hiemenz. Ayes: Reber, Rieke, LOBO, Hiemenz, Ehlert. Nayes: None. Motion carried. Rachel Staplet:on Clerk/Administrator