Loading...
HomeMy WebLinkAbout1995 [08] Aug 03 Page 2829 August 3, 1995 - Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 3, 1995 at 7:00 p.m. in the City Hall. - l'IEl'IBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Mr. and Mrs. David Thomas, Tara Ploumen, Doug Inselman, Tom and Sheila Nahan, Mike Hazen, Jay Keller, Jim Jopp, Ben Poepping, Elizabeth A. Doyle, Bill Elfering, Norm Scherer, Ray and Joann Rueckert, Mary Johannes, Mary Krafnick, Jan Nadeau, Audrey Pflueger, Howard Pierskalla, Dick Taufen, Diane Schneider, Mark Lambert, Stuart Goldschen, Ken Twit, Mark Zimmer, Roger Steichen. Mayor Reber called the meeting to order at 7:00 p.m. with Councilors Rieke, Loso, Hiemenz, and Ehlert present. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CONSENT AGENDA: Loso made a motion to approve the Consent Agenda as follows; seconded by Ehlert. 1- Minutes of the July 20, 1995 City Council meeting. Ayes: Reber, Rieke, 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 as presented check numbers 21278 -21321; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso made a motion to approve the overtime and callouts as presented; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CLERK/ADKINISTRATOR REPORTS PARK EQUIPKENT: Stapleton presented a request from the Park Boards to make a purchase in excess of the allowed $3,000. Rieke made a motion to approve the purchase of a piece of playground equipment called a tree house powerscape of $3995, and a bike rack of $177, total cost with tax and freight $4,874.50. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 1995 AUDIT: Loso made a motion to approve the proposal of Kern, Page 2830 August 3~ 1995 DeWenter, Viere, Ltd. to perform the 1995 city audit for $7,000; - seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. -. TI::LECOJ'lJ'lUNICATIONS ORDINANCE: Council reviewed the information on a proposed telecommunications ordinance and information. Rieke made a motion requesting that the city attorney further pursue this matter; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. RENTAL HOUSING: Stapleton informed the Council that the rental housing inspections are progressing and nearly completed. Several properties were granted short extensions due to circumstances. NEW POLICE OFFICER: The Chief of Police prepared information and farms :for the hiring process, and the City is advertising to accept applications until August 18. PUBLIC HEARING - 1995 OVERLAY STREET IJ'lPROVEJ'lENT: Mayor Reber recessed the regular meeting at 7:15 P.M. and called a Public Improvement Hearing to order. Joe Bettendorf, City Engineer, discussed the proposed project. The improvement will consist of a bituminous overlay on Cypress Drive beginning at Old Highway 52 and following the entire loop back to Old Highway 52; East Baker Street from Seventh Avenue Southeast to a point 300 feet east of Tenth Avenue Southeast; and Ninth Avenue Southeast from East Baker Street to East Minnesota Street. The estimated cost of the project is $55,000 with $45,860 (80%) being assessed and $11,460 (20%) city share. Dave Thomas questioned if the portion done last year would be taken into consideration. Bettendorf stated that the project will start where the old one left off, but the contractors will grind the surface to match and fit with the existing blacktop. Shelly Thomas asked if the roadway needed this upgrade. Bettendorf replied that the overlay is needed to preserve the street. Reconstructed roads normally last twelve to fifteen years although some streets in st. Joseph are 32 years old, but they are showing wear. Jay Keller asked about the cost per foot :for total reconstruction. Bettendorf stated that the 1992 project cost $33.25 and estimated that it could be $38 to $40 a foot, now. Karen Kapsner questioned the length of time a new road would last. She stated that some maintenance was done to it perhaps nine years ago. Bettendorf stated that it was sealcoated some years ago, which helps preserve it but it is badly cracked now. Dave Thomas - The neighbors said the previous sealcoat did not last long. Bettendorf stated that seal coating simply seals the Page 2831 August 3, 1995 ~ loose surface, and is basically a band aid. Karen Kapsner - What will this job do to the bumps going in the driveways? Bettendorf stated that it will have no effect on them. Jay Keller questioned who would determine where the overlapping will start on a street. The engineers will. Jim Jopp - Was East Baker Street designed to take the big construction traffic? Bettendorf stated that it was so designed, but the heavy traffic accelerated the deterioration of it. It lasted 17 years, which is not too bad. East Able Street was discussed. Bettendorf stated that it will need reconstruction soon. Coral Heinen - Will construction be on the whole road at one time. Bettendorf responded that it will and there will be some periods of time when you will not be able to use the street. Jay Keller - Is there any difference in assessment formula between multiple family housing and single family. Bettendorf responded no, only in commercial districts. Jim Jopp - The assessment may be paid in one lump sum or put on the taxes. Is there a way to let people know a year or two in advance of up coming assessments? Not really stated Bettendorf. A plan is being prepared but projects are re-evaluated each year. Pam Allen - How long do you have to pay the assessment. You have thirty days after the Council approves the assessment role, normally at the assessment hearing, to pay in full without interest. After the thirty days the assessments will be certified to the County Auditor and you will be required to pay interest, as established by the resolution. Karen Kapsner - Outlot A is the apartments in Hollow Park. How are they assessed? Bettendorf stated that they basically have streets on all sides. One half of the street is treated as front yard and one half is treated as side yard. Doug Inselman - The apartments have many more cars and use the street considerably more than the single family houses. Assessments were figured on the property rather than the amount of traffic use. Inselman requested to change the apartments footage to reflect more footage for their assessment. Ralph Turbes - Representative of the apartments, stated that the tennants have only one exit and rarely use the long side. Bettendorf stated that we may have to revisit this issue. Karen Kapsner - The apartments do use the whole road. Bettendorf stated that the street is just as important for the single families as multi-family properties. Page 2832 August 3, 1995 Shelly Thomas - questioned the criteria for accepting bids. - Bettendorf stated that the bids will be advertised, and the low bid is normally accepted. The low bid may only be rejected for just cause. RESOLUTION: Rieke made a motion to approve a resolution Ordering the Improvement and Preparation of Plans, and a Resolution approving Plans and Specifications and Ordering Advertisement for Bids. The motion was seconded by Hiemenz. Ayes: Re ber , Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CITY ENGINEER REPORTS PUftPHOUSE No. 2 REHABILITATION: Bettendorf presented Change Order No. One to change the date for substantial completion from July 8, 1995 to September 9, 1995 due to a delay in delivery of the pitless unit, and change for the date of final completion to September 30, 1995. Loso made a motion to approve Change Order No. One for the Pumphouse No. 2 Rehabilitation project as presented by Joe Bettendorf¡ seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. DR~INAGE: Mayor Reber questioned if controls can be imposed on new developments to eliminate problems of drainage on individual lots. Bettendorf stated that we could revisit the preliminary plat procedure, and put some procedural controls in place. GENERATOR: Bettendor:f will be receiving more information on obtaining a generator before making a recommendation for Council consideration. 1995 WELL NO. 4: Bettendorf presented and recommended payment of Application for Payment No. 4 (Final), for 1995 Well No. 4, to Donabauer Well Company, of $962.13. Mayor Reber made a motion to approve the application for payment as recommended¡ seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. PARKING - COLLEGE AVENUE: Mark Zimmer appeared before the Council to discuss the parking prohibition in the loading zone on College Avenue. Zimmer stated that all the other businesses on College Avenue affected by this parking restriction were supportive of removing all restrictive parking. They did not feel that it is necessary to remove any parking spaces during any time periods to establish a loading zone. Concerns included taking away parking from customers and customers receiving parking tickets. Rieke suggested that the trucks make use of a portable stop sign for safety. A:fter discussion that the businesses could insist that Page 2833 August 3, 1995 the semis park in the alley for unloading, it was generally agreed that this would be the procedure. The Administrator will contact Pueringer to ask them to park only in the alley. The business owners generally felt that the semi's could park in the alley, and -' support us in this matter. OPEN TO THE PUBLIC: Norm Scherer appeared before the Council to express opposition to the four way stop that has recently been installed at Minnesota Street West and Second Avenue Northwest. Loso made a motion to recess at 8:30 p.m. for ten minútes¡ seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:40 p.m. NUKBER OF DOGS PERKIT: Tom Nahan requested a permit to allow him to keep and license three dogs within the city limits. He stated that he has acted responsibly by having them spade and is controlling them within his property. He has also installed an electronic fence. His neighbors also attested that Nahans are responsible pet owners, and would have no objection. Rieke made a motion to approve the request under ordinance 104 as follows: Ordinance 104 - Subd. 2 Animals permitted by Special Permit. a) The animals are not specifically prohibited. b) The ownership or harboring of the animals shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animals will be maintained. c) The ownership or harboring of the animals will not result in offensive noise or odors. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. .·ENCE ISSUE: Ray and Joann Rueckert appeared before the Council with a number of requests in written form. Mayor Reber stated that the Council does not act as an arbitrator of a neighbor dispute, but will only act in their appropriate capacity. Rueckerts requested the following: 1) a variance to keep the design of the fence as it is. 2) compensation for building the fence only six feet high rather than the allowed seven feet; or enforce existing ordinances relating to the adjoining property, and the condition of the yard be monitored on an ongoing basis. 3) Enforce the city ordinance relating to unlicensed and unleashed dogs. Page 2834 August 3, 1995 4) The City no longer entertain ordinance violation complaints against anyone in their family from specific individuals. Rueckerts discussed the problems they have dealt with concerning - junk, weeds, and dogs on the adjoining property. After some discussion Mayor Reber made a motion that the requests in letter form be directed to the City Attorney for review and recommendation. The motion was seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Rieke abstained. Motion carried. Ehlert made a motion to waive any fees for a hearing to consider a variance on the fence issue, as requested by Rueckerts; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Rieke abstained. Motion carried. :tIULTI-FAJ'lILY RENTAL PROPERTY: Mark Lambert, owner of Campus Villa apartments appeared before the Council as a communication tool in the operation of his facility. He asked if there were any problems that the Council was aware of. Loso stated that Phase Two required a fence, that seems to be an unresolved issue. Lambert stated that he and Mike Deutz have been discussing the fence issue for some time but currently seem to be "at peace. " Lambert stated that he will put security guards on duty for the next Pinestock event. Rieke discussed accessibility of the fire equipment. With the addition of the Townhomes to the complex it has allowed greater accessibility. Lambert also introduced his new manager, Stuart Goldschen. PETITION TO VACATE PART OF A STREET: Stapleton presented a petition she received to vacate a portion of a street, from Dale and Diane Schneider. After short discussion Loso made a motion to reaffirm the past decisions including the decision of November 4, 1993, and move ahead with the petition to vacate of road right of way to release the property and approve a resolution to set a hearing on the vacation for September 7. The motion died for lack of a second. Rieke made a motion to move forward, and approve a resolution to set a hearing on September 7 on the requested vacation of the former Old Highway 52 right of way on the Northeast corner of 2nd Avenue NW and Minnesota Street West, and begin the process to turn over the property, while the City reserves the right to a trianglular easement, and at the same time, starting the process to determine what would be a reasonable easement area so both Schneider's and the City can have some reasonable enjoyment of the property. The motion was seconded by Ehlert. Ayes: Rieke, Loso, Ehlert. Nayes: Reber, Hiemenz. Motion carried. FIRE RELIEF ASSOCIATION: Ken Twit, St. Joseph Fire Relief Page 2835 August 3, 1995 Treasurer, presented and discussed the requirements for the municipal contribution for 19'36 of $6, 710. He discussed schedules I and II and retirement issues. Hiemenz made a motion to approve the city contribution as requested; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. MAYOR REPORTS PARKING STALLS: Mayor Reber requested to eliminate two parking stalls on Minnesota Street to provide better traffic visibility. Hiemenz made a motion to eliminate the end parking stalls on the north side of Minnesota Street at First Avenue Northwest, one on the east side and one on the west side; seconded by Mayor Reber. Discussion - distance parking is allowed from corner, and consider doing a uniform study in the city on parking distance from corners. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. DOG COBPLAINTS: Mayor Reber discussed dog complaints he received. ROLLER BLADING. BIKING: A letter was received from a concerned parent on the prohibition of riding bicycles on the sidewalks. Mayor Reber requested that further consideration is given before the No Biking On Sidewalk is repainted. Also the discussed was to not ticket this activity except in front of businesses. Council agreed to reconsider this matter at the next meeting. Mayor Reber also reported that APO has been preparing a Land Use Planning report; and he was questioned if St. Wendel Township will pay for compost use, to which he informed the individual that they will pay their share. BEBBERS OF THE COUNCIL REPORT RIEKE: No report. EHLERT: No report. LOSO: 1) A light in Monument Park is needed, to light the park area and the snowmobile trail, which will cost $8.85 per month. Mayor Reber made a motion to approve installation of the light as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Another area that is very dark is between 2nd and 3rd Avenues Northwest in Minnesota Street. Council was asked to take notice of this situation and discuss it at the next meeting. Page 2836 August 3, 1995 HIEKENZ: 1) The Council is invited to a Planning Workshop to be held on August 22 from 8:00 a. m. to about 2 p. m. Further information will be sent out. 2) TherE' is a parking space on Cedar Street by the car wash that appears to be too close to the corner. Dick Taufen directed to review it and eliminate the space if needed to cor'r'ect the pr-oblem. ADJOURN: Loso made a motion to adjourn at 9:55 p.m. ; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. C:kM~/mu Rachel Staplet n Clerk/Administrator Page 2829 August 3, 1995 I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 3, 1995 at 7:00 p.m. in the City Hall. "EKBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Mr. and Mrs. David Thomas, Tara Ploumen, Doug Inselman, Tom and Sheila Nahan, Mike Hazen, Jay Keller, Jim Jopp, Ben Poepping, Elizabeth A. Doyle, Bill Elfering, Norm Scherer, Ray and Joann Rueckert, Mary Johannes, Mary Krafnick, Jan Nadeau, Audrey Pflueger, Howard Pierskalla, Dick Taufen, Diane Schneider, Mark Lambert, Stuart Goldschen, Ken Twit, Mark Zimmer, Roger Steichen. Mayor Reber called the meeting to order at 7:00 p.m. with Councilors Rieke, Loso, Hiemenz, and Ehlert present. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CONSENT AGENDA: Loso made a motion to approve the Consent Agenda I as follows; seconded by Ehlert. 1- Minutes of the July 20, 1995 City Council meeting. Ayes: Reber, Rieke, 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 as presented check numbers 21278 -21321; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso made a motion to approve the overtime and callouts as presented; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CLERK/ADIIINISTRATOR REPORTS PARK EQUIPIIENT: Stapleton presented a request from the Park Boards to make a purchase in excess of the allowed $3,000. Rieke made a motion to approve the purchase of a piece of playground equipment called a tree house powerscape of $3995, and a bike rack of $177, total cost with tax and freight $4,874.50. The motion I was seconded by Hiemenz. Ayes: Reber, Rieke, LOBo, Hiemenz, Ehlert. Nayes: None. Motion carried. 1995 AUDIT: Loso made a motion to approve the proposal of Kern, Page 2831 August 3, 1995 I loose surface, and is basically a band aid. Karen Kapsner - What will this job do to the bumps going in the driveways? Bettendorf stated that it will have no effect on them. Jay Keller questioned who would determine where the overlapping will start on a street. The engineers will. Jim Jopp - Was East Baker Street designed to take the big construction traffic? Bettendorf stated that it was so designed, but the heavy traffic accelerated the deterioration of it. It lasted 17 years, which is not too bad. East Able Street was discussed. Bettendorf stated that it will need reconstruction soon. Coral Heinen - Will construction be on the whole road at one time. Bettendorf responded that it will and there will be some periods of time when you will not be able to use the street. Jay Keller - Is there any difference in assessment formula between multiple family housing and single family. Bettendorf responded no, only in commercial districts. Jim Jopp - The assessment may be paid in one lump sum or put on the taxes. Is there a way to let people know a year or two in I advance of up coming assessments? Not really stated Bettendorf. A plan is being prepared but projects are re-evaluated each year. Pam Allen - How long do you have to pay the assessment. You have thirty days after the Council approves the assessment role, normally at the assessment hearing, to pay in full without interest. After the thirty days the assessments will be certified to the County Auditor and you will be required to pay interest, as established by the resolution. Karen Kapsner - Outlot A is the apartments in Hollow Park. How are they assessed? Bettendorf stated that they basically have streets on all sides. One half of the street is treated as front yard and one half is treated as side yard. Doug Inselman - The apartments have many more cars and use the street considerably more than the single family houses. Assessments were figured on the property rather than the amount of traffic use. Inselman requested to change the apartments footage to reflect more footage for their assessment. Ralph Turbes - Representative of the apartments, stated that the tennants have only one exit and rarely use the long side. Bettendorf stated that we may have to revisit this issue. I Karen Kapsner - The apartments do use the whole road. Bettendorf stated that the street is just as important for the single families as multi-family properties. Page 2833 August 3, 1995 I the semis park in the alley for unloading, it was generally agreed that this would be the procedure. The Administrator will contact Pueringer to ask them to park only in the alley. The business owners generally felt that the semi's could park in the alley, and support us in this matter. OPEN TO THE PUBLIC: Norm Scherer appeared before the Council to express opposition to the four way stop that has recently been installed at Minnesota Street West and Second Avenue Northwest. Loso made a motion to recess at 8:30 p.m. for ten minutes; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:40 p.m. NUMBER OF DOGS PERMIT: Tom Nahan requested a permit to allow him to keep and license three dogs within the city limits. He stated that he has acted responsibly by having them spade and is controlling them within his property. He has also installed an electronic fence. His neighbors also attested that Nahans are responsible pet owners, and would have no I objection. Rieke made a motion to approve the request under ordinance 104 as follows: Ordinance 104 - Subd. 2 Animals permitted by Special Permit. a) The animals are not specifically prohibited. b) The ownership or harboring of the animals shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animals will be maintained. c) The ownership or harboring of the animals will not result in offensive noise or odors. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. FENCE ISSUE: Ray and Joann Rueckert appeared before the Council with a number of requests in written form. Mayor Reber stated that the Council does not act as an arbitrator of a neighbor dispute, but will only act in their appropriate capacity. Rueckerts requested the following: 1) a variance to keep the design of the fence as it is. 2) compensation for building the fence only six feet high rather than the allowed seven feet; or enforce existing ordinances I relating to the adjoining property, and the condition of the yard be monitored on an ongoing basis. 3) Enforce the city ordinance relating to unlicensed and unleashed dogs. Page 2835 August 3, 1995 Treasurer, presented and discussed the requirements for the municipal contribution for 1996 of $6,710. He discussed schedules I and II and retirement issues. Hiemenz made a motion to approve the city contribution as requested; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carried. KAYOR REPORTS PARKING STALLS: Mayor Reber requested to eliminate two parking stalls on Minnesota Street to provide better tra££ic visibility. Hiemenz made a motion to eliminate the end parking stalls on the north side o£ Minnesota Street at First Avenue Northwest, one on the east side and one on the west side; seconded by Mayor Reber. Discussion - distance parking is allowed £rom corner, and consider doing a uni£orm study in the city on parking distance £rom corners. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. DOG COKPLAINTS: Mayor Reber discussed dog complaints he received. ROLLER BLADING. BIKING: A letter was received £rom a concerned parent on the prohibition of riding bicycles on the sidewalks. Mayor Reber requested that £urther consideration is given before the No Biking On Sidewalk is repainted. Also the discussed was to not ticket this activity except in front o£ businesses. Council agreed to reconsider this matter at the next meeting. Mayor Reber also reported that APO has been preparing a Land Use Planning report; and he was questioned i£ St. Wendel Township will pay £or compost use, to which he informed the individual that they will pay their share. IIEIIBERS OF THE COUNCIL REPORT RIEKE: No report. EHLERT: No report. LOSO: 1) A light in Monument Park is needed, to light the park area and the snowmobile trail, which will cost $8.85 per month. Mayor Reber made a motion to approve installation o£ the light as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Another area that is very dark is between 2nd and 3rd Avenues Northwest in Minnesota Street. Council was asked to take notice o£ this situation and discuss it at the next meeting.