HomeMy WebLinkAbout1995 [06] Jun 15
Page 2806
~1une 15, 199=1
I Pursuant to due call and notice thereof, the City Council for the
City of St. Joseph met in regular session on Thursday, June 15,
19'35 at 7:00 p. m. in the St. Joseph City Hall.
Members Present: Mayor Donald "Bud" Reber. Councilors Ross Rieke,
Ken Hiemenz, Cory Ehle1.~t. Deputy Clerk Judy Weyrens.
Others Present: City Attorney John Scherer, City Engineer Joe
Bet tendorf, Jim Norton, Tara P loremen, James Kacures, Diane
Schneider, Mike Deutz, Mark Zimmer, Dave Hollander, Art Hiemenz,
Edi th Hiemenz, Tim Borresch, Sue Borresch, Dick Taufen.
Approve Aqenda: Hiemenz made a motion to approve the agenda;
seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, EhleT't
Nayes: None. Motion Carried 4:0:0
Consent Aqenda: Rieke made a motion approving the consent agenda
items as follows:
a. City Council Minutes, June 1, 1995
b. Minnesota Deer Hunters Association application for
exemption :from lawful gambling for an event to be held on
September 13, 1995 at the La Playette.
c. Appointment of Ollie Lesnick as the City Assessor.
d. Approval, six month fire report
I e. Sunday on-sale licenses :for: El Paso Club & Lanes, La
Playette Bar & Restaurant, AmeT'ican Legion Post #328,
Loso's Mainstreet Pub, Sal's Bar & Grill.
The motion was seccmded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Bills Payable: Hiemenz made a motion to approve the bills payable,
check numbers 21083 through 21122; seconded by EhleT't.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Mayes: None. Motion Carried 4:0:0
Overtime & Callouts: Hiemenz made amotion to approve the callouts
and overtime as pT'E'sented; seconded by EhleT't.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
EQuipment ReQuest : The Maintenance department is requesting to
purchase a new Lawn Boy walk-behind mower with trimmer, trading in
the Gilson mower. Addi ticmally, the Wastewater Department is
requesting tCI purchase the following equipment for the 1995 pickup
truck: Bed liner, toolboxt receiver hitch, mats, guards, rotating
waT'ning beacant and install a two-way radio. Hiemenz Tßade a motion
to approve the Lawn Boy mower and trimmer for $501.00 and equip
I the new pick-up as requested for $ 1,241. 00. The motion was
seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Keq Ordinance Amendment: John Scherer, City Attorney, appeared
¡-'age ¿tI'Ll.I
June 1~1, 199~1
befol~e the Council to discuss a possible amendment to the Keg
Ordinance. Scherer stated that the City of St. Cloud has an
Ordinance that requires the permitting of all kegs in St. Cloud. I
The attorney for St. Cloud felt that the Ordinance has been
effective and is working well for them. The parties are down in
St. Cloud, and it has forced some parties to go underground. The
underground parties are so afraid of being caught that they are
very quiet, not causing any problems. Amending the CUl-rent one keg
Ordinance would not eliminate the problems but rather be another
mechanism for the Police Department to use. When asked if the
residents of St. Cloud saw the permitting pl~ocess as a burden, the
St. Cloud Attorney said he was not aware of any problems.
Reber stated that he is concerned with the amount of vandalism that
has been occurring and feels that the City needs to try and reduce
the vandalism. He l-ealizes that permitting kegs will not eliminate
the vandalism, but feels it will help.
Those present expressed concern as to what the Ordinance will
accomplish and if another set of problems won't be created by the
amendment. Scherer rei tel-ated the proposed amendment is not
intended to be a solution, but provide law enforcement with another
tool and decrease the abuse of alcohol. The license holders will
have no additional l-esponsibili ties with a pel-mitting process. The
pel-mi t allows the police department to know in advance where the
parties are.
Reber stated that nCI action will be taken at this time, and license I
holde:r-s will be notified when action is taken.
TRAM - Special License: Mike Deutz and Mark Zimmer requested the
pr'ocedure to obtain a special event on-sale non-intoxicating
license at the par'ish grounds for the TRAM event. Scherer stated
that the license holder needs to be a qualified organization as
defined by the inter'nal r·evenue code. Zimmer stated that he would
check with the local organizations and apply for the necessary
penoi ts.
Ordinance 103 - Burninq Leaves: Scherer discussed the changes in
State Law as it relates the City Ordinance 103. The current
Ordinance is more restrictive than State Law. Adc,pting the
p:covisions of the State Law would be less confusing to the
residents. Therefor'e, Hiemenz made a motion to adopt the State
Leaf Burning regulations and amend the City Ordinance, issuing
bu:c'ning peni\Ì ts for' all bur'ning. The motion was seconded by
Ehler-t.
Discussion: Rieke questioned if there was need for burning in the
City since we p:covide a compost area. Perhaps the City should be
educating the residents and encourage them to recycle and compost.
Scherer suggested the Council ask for citizen input and make a
decision after the impact on :c'esidents is determined. Hiemenz I
withdrew his motion. This matter will be place under' Old Business.
Delinquent Utility Bill Heàrinq: Mayor Reber' opened the hearing at
r'sge ::¿808
3une 15, 1995
8:00 p. m. , as no one wished to speak the hearing was closed.
I City Engineer Reports
Water Improvement: City Engineer Joe Bettendorf introduced Jim
Norton of SEH who is working on the design for the St. Joseph Water
Improvement Project. Norton stated that has a number of issue to
discuss with the Council, the first being the possible abandonment
of Well No. l. The City currently has a problem with benzene in
well #l. The benzene levels are 20 parts per million before being
treated and 2 parts per million after treatment. Health department
requirements are less than 5 parts per million. With the design of
the new system, the City could use an air stripping method of
removing the benzene which would cost approximately $40,00Ø to
,$50, 0Ø0. The other alternative would be to abandon the well. If
the well were abandoned, the City could use a back wash reclaim
tank and ovel~ a year would recycle approx. 900,000 gallons of
water. Health Department regulations require 50 feet from a
contaminated water source. It would be cost effective to abandon
the well, as it is less expensive than purchasing an air stripper.
If the well would be abandoned, pumphouse #1 would be demolished.
The City has reached a good water SOUl~ce with well #4 and an
additional well could be drilled in the same location.
Reber questioned if the easement from adjoining property owners
would still be required if the well were abandoned. Bettendor:f
stated that they would still need the easements if they were
I available. He has checked into altel~native placement of the tank
and discourages the Council from placing the tank unde).~ the old
water tower site. As Reber is related to one of the propel~ty
owners he requested that Bettendorf and Taufen approach the owners
to secure the necessary easements. Hiemenz volunteel~ed his time if
they would like Council representation when approaching the owners.
Hiemenz made a motion to abandon well II 1 as recommended; seconded
by Rieke.
Discussion: Rieke questioned if it is in the best interest of
the City to have all City water sources so close 'together.
Bettendorf stated that futur'e well sites will be in alternative
locations.
Ayes: Reber, Rieke, Hiemenz, Rieke
Hayes: None. Motion Carried 4:0:0
Nortcln discussed the cost effectiveness o:f installing an automatic
back wash system with the renovation. This wCluld free staff time
and provide safety featur'es. Hiemenz made a mCltion tCI design the
water improvement project with an automatic back wash as
recommended, seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
I Another- option the City needs to r'eview is a scada'ta system. This
would computerize the controls and monitor the wells and filtration
system along with the li:ft stations. The CCluncil was in general
Page 2809
June 1~1, 199~1
agreement that the City needs to do what i"" best and the p:coject
~
should not be piece mealed. NOl-ton and Bettendorf stated they I
would repol't back on the scadata system.
The schedule for the water improvement is as follows: advertisement
fol.' bids, 1Ø/27/95; bid date, 11/29/95; project award, 12/7/'35;
shop dl.'awing approval mid January 1996; stal'ting date, 6/1/96.
Well #4, Application for Payment: Bettendorf pl.-esented application
for payment #2 fOl' well #4. This is a pl'ogress payment in the
amount of $2,855.70. Rieke made a motion to appl'ove payment #2 to
Donabauer Well & Pump in the amount of $ 2,855.70 as presented;
seconded by Ehlert.
Ayes: Re be:!", Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
Seal Coat Bids: The City received two bids for the seal coating,
they are as follows: Astech, $ lE., 205. 80; Caldwell, $19,584.80.
As :cecommended by the City Engineer, Hiemenz made a motion to
ac.cept the low bid of Astech, $ 16,205.80; seconded by Rieke.
Ayes: Reber', Rieke, Hiemenz, Rieke
Nayes: None. Motion CaTried 4:0:0
OPEN TO THE PUBLIC
Jim Schwaqel: Jim Schwagel questioned the status of the removal of
the bus stop by the apaT'tments on 2nd Avenue NW. Reber stated that I
a meeting would be established as soon as possible to resolve the
situation.
Recess: Hiemenz made a motion to recess at 8: 4~. p.m. ; seconded by
Ehle:c't.
Ayes: Rebe:c, Rieke, Hiemenz, Rieke
Nayes: None. Motion Car:cied 4:0:0
Mayor Rebe:c reconvened the meeting at 8:57 p. m.
Tim Borresch - Variance Request: A hearing was conducted by the
Planning Commission on June 5, 1995 to consider a three hundred
fo:rty-eight (348) foot variance in the size limitation o:f accessory
buildings in a Single Family, R-l, zone.
St.. Joseph Code o:f Ordinances No. ::.2. 16 subd 4(e)[iJ states, "One
OT two accessor'y buildings cove:cing a combined area not g:ceate:r
than 900 squa:c'e feet aTe penni t ted. " Also requested is a two
hund:c'ed three (203) foot variance in the maximum allowable lot
coverage by 8C',cesso:ry buildings. St. Joseph Code of Or'dinances No.
~.2. 16 subd 4(e) [iìiJ states, "The combined a r' e a of the lot covered
by the accessory buildings authorized in subparagraphs i) and ii>
above shall not exceed 8 percent of the total lot size. I
The proper'ty is legally described as Lot 012, Block ØØ6, Townsite
of St. Joseph.
Page 2810
June 1 ::;1, 199::;1
The request for variance has been submitted by Tim and Sue
Borr-esch, 11 - 3rd Avenue NOl~thwest, st. Joseph, MH 56374.
Rieke made a motion approving the variance request as recommended
by the Planning Commission, with the following findings:
St. Joseph Code of Ordinances 52.7 subd 2(a) : That there 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 zoning
district. The exceptional or extraordinary circumstances must not
be the result of actions taken by the petitioner.
Specific findings:
a. The property is a rental unit which :functions as a business
b. The p:c'ope:cty is located one block from the General Business
District and has :functioned as a business for many years
c. The p:C'operty is located near an alley and the additional
garage space would not appear out o:f line.
d. The neighbors were not present, no:c' were written comments
received stating objection.
St. Joseph CClde of Ordinances 52.7 subd 2(d): That the
proposed variance will not impair an adequate supply o:f light and
air to adjacent property, or diminish or impair established
property values within the surrounding a:c'ea, or in any clther
respect impair the public health, sa:fety Ctr welfare of the
residents o:f the City.
st. Joseph Code of Ordinances 52.7 subd 2(e): That the
cClndi tion or situation of a specific piece cd prope:cty, o:c' the
intended use o:f said property, :for which the variance was sought,
is not o:f so general or recurrent a nature as to make reasctnably
practicable the formulation o:f a general regulation fClr such
conditions or a situation.
The motion ..,as seconded by Hiemenz.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Car:c'ied 4:0:0
Subway Foods - Siqn Request: Weyrens discussed the letter received
:from Bob Brophy, owner clf St. Joe Subway. Brophy requested the
Council allow the overhang o:f the Subway sign to encroach the
easement area by 10' . The encroachment would be 30 :f ee-t in the air
and the post would not be on the easement area. Bettendorf' stated
that f'rom the site drawing he received, the sign base is in the
easement area. In an effort to clarify the lCtcation, Rieke made a
motion to table the matter to the July 6, 1995 meeting; seconded by
Ehlert.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
MAYOR REPORTS
ROW Property Request: Reber requested the Council reconsider
:c'eleasing the property on the co:c'ner c/:f 2nd Avenue NW and Minnesota
Page Zeil
June 15, 199~t
Street West (Cüunty Rei 2) . This propel't y cou.ld sel'V£> as a small
p ax k in the futul'e, hou.sing a sign, flowers, and a picnic table.
The Council was in general agreement to reconsider the lìi<1tter.
4-Wav Stop, Minnesota West & 2nd Avenue NW: Mayor Reber stated that
he has received a copy of the petition presented to the Stearns
County Commissioner l'eq uest i ng to leave the intersection controls
at Minnesota Stl'eet West and 2nd Avenue NW as they are CU1'1'en t 1 Y
signed. Reber stated that he i~ concerned with safety at the
0::>
inte:csection and supports the 1-way stop. Riel'.:e questioned . ~ the
1...1.
City request waG to sign the intersection as it was ol'iginally 01'
stop vehicles in all direct ions. Mayor Reber stated that the
intersection was originally controlled by two stop signs, and in
December 1'3'34 the Council requested Stearns County to install a 4-
way sign. In reviewing the signatures on the pet it ion, Reber
stated that only 23 of the 127 signatures were residents of the
City of St. Joseph.
Rieke made a motion T'e-affirming the Council decision of December
1994~ requesting Stea:cns County to sign the inte:csection at
Minnesota Street West and 2nd Avenue NW with a 4-way stop sign.
Additionally, this motion authorizes Mayor Reber to be placed on
the Stearns County Cornmissione:cs agenda to further discuss the
matte:... The motion was seconded by Ehlert.
Ayes: Rebe:c, Rieke, Hìemenz, Rieke
Mayes: None. Motion Ca:c:ried 4:0:0
APO Schedule: The St. Cloud Area Planning Organization is
:cequesting all membej.- cities to p:..esent pr'oj ects they would like
assistance with no latej.- than July 6, 1995. The CCl\,mcil was in
gene:c'al ag:C'E'ement that we need assistance with the Comprehensive
Plan and r'E'sol ving the t:cansportation issue. The Plan is ready fo:[
adoption once this matter is resolved.
FlaclPole: Reber :ceportect that :flag pole resto:cation is almost
complete and he is awaiting a response from Trojan with regard to
the ball.
Police Overtime: Reber discussed with the Police Chief the question
of Counc.ilol- LOBO with regard to 12 hour shi:fts worked by pc.lice
officers. Lindgr'en stated that office:cs are only scheduled for 1Ø
hours and sometimes need to stay longeX' because of activity in tClwn
or to finish reports. Also, the shift in question occurred
Pine-stock weekend, where all of:ficers were working ove:cti me.
Payment :cequest, Bauerly Brothers: Bauerly Bx-others recently
completed some black top su:c:facing in the St. Joseph Mobile Home
Park, during which they accidently surfaced a City alley. The
pr'operty owner cd the Park is refusing to pay fo:c the su:ci acing.
The:cefore Bauerl}' is requesting payment f:com the City. Since thE'
su:cfacing is a benE>fìt to the City, Reber made a motion to pay fa:r
half of the su:c'facing, $1,4ØØ. The motion was seconded by Rieke.
Ayes: Reber, Rieke, Hìemenz, Rieke
Nayes: None. Motion CSTTied 4:Ø:Ø
Page 2812
June 1:1, 199::,
I Catch Basin Request: The College of St. Benedict is requesting the
City to pay for the installation of a storm drain in the St. Joseph
Church sand parking ll:)t, located at the corner of Minnesota Street
& College Avenue South. The College is in the process of surfacing
their parking lot and have some concerns about drainag'e of surface
water. Reber stated that the City has always had a problem with
drainage in the alley and a catch basin would be in the best
interest of the City. The College is willing to pave the alley
between College Avenue South and First Avenue SE in exchange for
the storm drain. The approximate cost of the storm drain including
installation is ,$2,800. Ø0. Rieke made a motion authorizing the
Director of Public Works and affected property owners to resolve
the matter with a budget of $3,00Ø
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Mot ion Can- ied 4:0:0
COUNCILOR REPORTS
HIEKEHZ
Star City: Hiemenz reported the Star Commission is nea:cing the end
of the procedure and has begun meeting weekly. To assist with the
future planning, the Commission is requesting autho:c'ization to meet
with the City Engineer, J c,e Bettendorf'. Hiemenz made a motion
I autho:c'izing Joe Bettendorf to work with the Star Commission as
requested; seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
TRAM: The TRAM Commi t'tee has questioned if the City would pay for
the water used to spray the bike:c's as they pass through town. The
amount of water to be used is minimal. It is unce:c'tain at this
time if' the water will be from St. Benedict's system or St.
Joseph's. The Council was in agreement that i:f St,. Benedicts will
not cover the cost o:f the water, the City would do so.
RIEKE
No Report
EHLERT
Accessory Buildinqs: Ehlert discussed the recommendations o:f the
Planning Commission in amending the Ordinance pertaining to the
setback requirements o:f an accessory building. The Planning
Commission recommended that accessory buildings retain the :five
:fCIClt setback, but if the adjoining property owners sign a release
statement they cCluld be placed in the setback a:c·ea. This would
I only apply to accessory buildings and they must be moveable. All
other requirements would remain the same.
CLERK/ADMINISTRATOR REPORTS
Page 2£'.13
_1une 1::, , 19S~1
Boa:cd of Review Chanqes: The City has received a r'eport on those I
residents objecting to the valuation increase. No action needs to
be taken on these properties.
MN Association of Small Cities: Minnesota Association of Small
Cities is :cequesting the City to become a member' . After discussion
the CCluncil :felt that the League of MN Cities, of which we al'e
cur':cently a member, provides the City with the same information.
Affordable Housinq: Rebe:c stated that he would like Ter:cy Schmid to
appear before the Council to discuss what the City :cequi:cements
v/C1 u 1 d be to assist. with p:coviding affordable housing for seniors.
Schmid has completed such homes in Cold Spring and is willing to
ass~ìst. the City.
Eme:c'qency Disaster: Councilor Loso requested the Council adopt the
Eme:cgency Disaster· Plan as revised from Stea:cns County Emergency
Se:cvices. The Council requested this Jnatter be placed on the next
City Council agenda.
Adìourn: Hiemenz made a motion to adjourn at 1Ø:Ø0 p. m. ; seconded
by Ehlert.
Ayes: Reber·, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carr'ied 4:Ø:0
I
~4~~
udy Weyrens
Deputy Clerk
I
Page 2806
~1une 15, 1995
- Pursuant to due call and notice thereof, the City Council for the
City of St. Joseph met in regular session on Thursday, June 15,
19'35 at 7:0Ø p. m. in the st. Joseph City Hall.
Members Present: Mayor Donald "Bud" Reber. Councilors Ross Rieke,
Ken Hiemenz, Cory Ehlert. Deputy Clerk Judy Weyrens.
Others Present: City Attorney John Scherer, City Engineer Joe
Bet tendorf, Jim Norton, Tara P loremen, James Kacures, Diane
Schneider, Mike Deutz, Marl< Zimmer, Dave Hollander, Art Hiemenz,
Edith Hiemenz, Tim Borresch, Sue Borresch, Dick Taufen.
Approve Aqenda: Hiemenz made a motion to approve the agenda;
seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Consent Aqenda: Rieke made a motion approving the consent agenda
items as £ollows:
a. City Council Minutes, June 1, 1995
b. Minnesota Deer Hunters Association application £or
exemption from law£ul gambling for an event to be held on
September 13, 1995 at the La Playette.
c. Appointment of Ollie Lesnick as the City Assessor.
d. Approval, six month £ire report
e. Sunday on-sale licenses for: El Paso Club & Lanes, La
Playette Ba:c' & Restaurant, Ame:c'ican Legion Post #328,
Loso's Mainstreet Pub, Sal's Bar & Gr ill.
The motion was seccmded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Bills Payable: Hiemenz made a motion to approve the bills payable,
check numbers 21083 through 21122; seconded by Ehlert.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Overtime & Callouts: Hiemenz made a motion to approve the callouts
and overtime as presented; seconded by Ehlert.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
Equipment Request . The Maintenance department is requesting to
.
purchase a new Lawn Boy walk-behind mower with trimmer, trading in
the Gilson mower. Additionally, the Wastewater Department is
requesting to purchase the following equipment £or the 1995 pickup
truck: Bed liner, toolbox, receiver hitch, mats, guards, rotating
wa:c'ning beacon, and install a t.wo-way radio. Hiemenz made a motion
to approve the Lawn Boy mower and trimmer for $501.00 and equip
the new pick-up as requested £or $ 1,241. 00. The motion was
seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Ehlert
Nayes: None. Motion Carried 4:0:0
KeQ Ordinance Amendment: John Scherer, City Attorney, appeared
J-'age :L80a
~Tune 15, 1995
8:00 p. m. , as no one wished to speak the heal.~ing was closed.
I Ci~y Engineer Repor~s
Water Improvement: City Engineer Joe Bettendorf introduced Jim
Norton of SEH who is working on the design for the St. Joseph Water
Improvement Project. Norton stated that has a number of issue to
discuss with the Council, the first being the possible abandonment
of Well No. l. The City currently has a problem with benzene in
well #l. The benzene levels are 20 parts per million before being
treated and 2 parts per million after treatment. Health department
requirements are less than 5 parts per million. With the design of
the new system, the City could use an air stripping method of
removing the benzene which would cost approximately $40,000 to
$50,000. The other alternative would be to abandon the well. If
the well were abandoned, the City could use a back wash reclaim
tank and over a year would recycle approx. 900,0Ø0 gallons of
water. Health Department regulations require 50 feet from a
contaminated water SOUl~ce. It would be cost effective to abandon
the well, as it is less expensive than purchasing an air stripper.
If the well would be abandoned, pumphouse #1 would be demolished.
The City has reached a good water source with well #4 and an
additional well could be drilled in the same location.
Reber questioned if the easement from adjoining property owners
would still be required if the well were abandoned. Bettendorf
stated that they would still need the easements if they were
I available. He has checked into alternative placement of the tank
and discourages the Council fl~om placing the tank undel.~ the old
water tower site. As Reber is related to one of the property
owners he requested that Bettendorf and Taufen approach the owners
to secure the necessary easements. Hiemenz volunteered his time if
they would like Council representation when approaching the owners.
Hiemenz made a motion to abandon well # 1 as recommended; seconded
by Rieke.
Discussion: Rieke questioned if it is in the best interest o:f
the City to have all City water sources so close together.
Bettendor:f stated that futur·e well sites will be in alternative
locaticlns.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
Norton discussed the cost e:f:fectiveness of installing an automatic
back wash system with the renovation. This would :free sta:f:f time
and p:c'ovide sa:fety :featu:c'es. Hiemenz made a moticm to design the
water imp:covernent project with an automatic back wash as
recommended; seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
I Another option the City needs to :c'eview is a scadata system. This
would computerize the controls and monitor the wells and :filtration
system along with the li:ft stations. The Council was in general
Page 281Ø
June 1 ::1, 199::.
The request for variance has been submitted by Tim and Sue
Borresch, 11 - 3rd Avenue Northwest, St.. Joseph, MN 56374.
Rieke made a ml:>tion approving the variance request as recommended
by the Planning Commission, with the following findings:
St. Joseph Code of Ordinances 52.7 subd 2 ( a) : That there are
exceptional or extraordinary circumstances or conditions applying
to the property in question as to the intended use of the pl~operty
that do not apply generally to other properties in the samE? zoning
district. The exceptional or extraordinary circumstances must not
be the result o:f actions taken by the petitioner.
Specific findings:
8. The property is a rental unit which £unctions as a business
b. The pr'operty is locat.ed one block frelm the General Business
District and has £unctioned as a business :for many years
c. The property is located near an alley and the additional
garage space would not appear out of line.
d. The neighbors were not present, nor were written comments
received stating objection.
St. Joseph Code of Ordinances 52.7 subd 2(d): That the
proposed variance will not impair an adequate supply o£ light and
air to adjacent property, or diminish or impair established
property values within the surrounding area, or in any other
respect impair the public health, sa£ety elI" welfare of the
residents of the City.
St. Joseph Code o£ Ordinances 52.7 subd 2(e): That the
cemdi tion or' situation of a specific piece of prclper'ty, or' the
intended use of said property, :for which the variance was sought,
is not of so general or recurrent a nature as to make reasonably
practicable the formulation of a general regulation for such
conditions or a situation.
The motion was seconded by Hiemenz.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
Subway Foods - Sicm Request: Weyrens discussed the letter received
:from BClh Brophy, owner of St. Joe Subway. Brophy requested the
CetUncil allow the overhang of the Subway sign tel encroach the
easement area by 10' . The encroachment would be 30 feet in the air'
and the post would not be on the easement area. Bettendorf stated
that from the site drawing he received, the sign base is in the
easement area. In an effort to clarify the location, Rieke made a
motion to table the matter to the July 6, 1995 meeting; seconded by
Ehlert.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
MAYOR REPORTS
ROW Property Request: Reber requested the Council reconsider
r'eleasing the pr'operty on the cor'ner clf 2nd Avenue NW and Minnesota
Page 2812
~Tune 15, 199~1
Catch Basin Request: The College of St. Benedict is requesting the
City to pay for the installation of a storm drain in the St. Joseph
Church sand parking lot, located at the corner of Minnesota Street
& College Avenue South. The College is in the process of surfacing
their parking lot and have some concerns about d:cainage of surface
water. Reber stated that the City has always had a pl~oblem with
drainage in the alley and a catch basin would be in the best
interest of the City. The College is willing to pave the alley
between College Avenue South and First Avenue SE in exchange for
the storm drain. The approximate cost of the storm drain including
installation is $2,800.00. Rieke made a motion authorizing the
Director of Public Works and affected property owners to resolve
the matter with a budget of $3,000
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
COUNCILOR REPORTS
HIEKENZ
Star City: Hiemenz reported the Star Commission is nearing the end
of the procedure and has begun meeting weekly. To assist with the
f:utu:ce planning, the Commission is requesting authorization to meet
with the City Engineer, Joe Bettendorf:. Hiemenz made a motion
authorizing Joe Bettendorf: to work with the Star Commission as
requested; seconded by Rieke.
Ayes: Reber, Rieke, Hiemenz, Rieke
Nayes: None. Motion Carried 4:0:0
TRAM: The TRAM Commi tt.ee has questioned if the City would pay for
the water used tCI spray the biker's as they pass through to...,n. The
amount of water to be used is minimal. It is uncer'tain at this
time if: the water will be :from St. Benedict's system or SL
Joseph's. The Council was in agreement that if: St. Benedicts will
not cover' the cost o:f the water, the City would do so.
RIEKE
No Report
EHLERT
Accessory Buildinqs: Ehlert discussed the recommendations of the
Planning Commission in amending the Ordinance pertaining tCI the
setback requirements of: an accessory building. The Planning
Commission recommended that accessory buildings retain the :five
:fCIClt setback, but if: the adjoining p:coperty clwners sign a release
statement they could be placed in the setback ar"ea. This would
only apply to accesso:c'y buildings and they must be moveable. All
other requirements would remain the same.
CLERK/ADMINISTRATOR REPORTS