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HomeMy WebLinkAbout1990 [05] May 17 1784 May 17, 1990 Pursuant to due ca I I and notice thereof, the City Counc i I tor' I t.hß Cit.y ot St. Joseph met on Thursday, May 17, 1990 at 7:30 p.m. in City Hall. MEMBERS PRESENT: Mayor Mike Loso; Members of the Counc i I Donald "Bud" Reber, Steve Dehler, Leo Sadlo, Ross Rieke. Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Stuart Goldschen, James Krebsbach, Robert Krebsbach, James Brummer, Dave Terwey, Mike Deutz, Paul Meyer and members of the Dry Riders, Wendy Doyle, Richard Taufen, Dennis Stueve, LaMonte Eastvold, Mark Loso, Brian Murphy, Mr. and Mrs. Aloys Eich, Nelda Lampher. AGENDA APPROVAL: Rieke made a motion to approve the agenda with additions of residents to discuss disorderly partying concerns; and capital outlay requests; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. TREASURERS REPORT: Dehler made a motion to table the report until next meeting to give Counc i I time to review it; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. MINUTES: Reber made a motion to approve the minutes of the I May 3 meeting with clarification on recycling; seconded by Dehler. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. MAYOR REPORTS: 1) Mayor met with the City Engineer and DNR representatives concerning upgrading the pond, and drainage issue of Morningside Park. DNR is preparing a sketch of their recommendations for the par k. He also is working on easements for drainage of the area whole area. 2) There is a prospective buyer for the flow totes, which measure the wastewater flow from St. Ben's. They have been costly to operate and maintain, and have worked intermittently. Estimated value currently is $5,000. An agreement is being worked out with St. Ben's, through other measures, for costs of wastewater disposal. COUNCIL REPORTS: SADLO: City Engineer should contact the property owners on First Avenue Southeast, concerning what corrective measures wi I I be taken. REBER: Many house parties last weekend brought many resident complaints. The conduct of the party goers is becoming increasingly intolerable. Noise, personal conduct, violation I of neighbors property, was totally unacceptable. The po lice seem to be unable to control the problem. Reber proposed a 1785 meeting with representatives of the colleges, the students, rental property owners, the city and the po lice department to work out some solutions to control these parties. Rieke and Reber discussed having more po lice officers on duty during the weekend evenings, particularly when there are events scheduled which may Cé3.use student problems. Also discussed the need to redo po lice duty schedu ling, to a I low more coverage during weekend evenings. The counc i I also discussed the possibility of raising rental license fees or deposits, to cover the costs of cleanup and enforcement, of the rental property residents. City Attorney wi I I be directed to review and advise on methods of cost containment for the city. RIEKE: SPECIAL USE PERMIT: Planning Commission met and heé3.rd the request of Gary and Linda Schyma for a special use permit to use business property for residential use in conjunction with business use, along with a variance request to a I low for resident parking on land other than the property on which the building is located. Ordinance 52.13 subd. 3, of the St. Joseph code of ordinances, requires off street parking be provided and located on the same lot or parcel of land as the building they are intended to serve. The property is located at 11 Minnesota street West; Ie ga 1 I y described as follows: Lot Twelve (12) , Block Nine (09) . S61 ' of E25.15' of Lot Twelve (12), Block Nine ( 09) . The Board discussed the off street parking and felt that off street parking for residential use, needs to be provided, and that to a I low no off street parking on the property, would give this property owner something special which no one else receives. The Planning Commission recommended to the Council to deny the special use permit request, because no off street parking is provided, as required; and to deny the request for a variance to a I low for residential parking on land other than the property on which the building is located. Reber made a motion to deny the special use permit request and variance request because no on site, off street parking can be provided; seconded by Sadlo. Ayes: Loso, Reber, Deh I er, Sadlo, Rieke. Nayes: None. Motion carried. REZONE REQUEST AND VARIANCE REQUEST: Rieke also stated that the Planning Commission considered a request of Triple K Partnership, to rezone three parcels of property from current industrial to commercial; and in conjunction with the rezoning request, a special use request to allow the construction of a gas station and car wash. The parcels of property are located north of CSAH 75, 13 - 21 Cedar Street East, I ega I I y described as follows: Parcel One: Lot Three ( 03) , Block Twenty One (21), Loso's Addition. North 78' of Lots Three (03) and Four ( 04 ) , Block Twenty One (21) . 1786 Parcel Two: Lot Three (03) , Block Twenty One (21) , Loso's Addition. Lots Three (03) and Four (04) less North 78' , Block Twenty One (21 ) . Parcel Three: Lot One (01) , Block Twenty One (21 ) , Loso's Addition. Lots One (01) and Two (02), Block Twenty One (21) . Jim and Robert Krebsbach, representatives of Triple K Partnership, discussed the proposed plans of rezoning and a special use permit, as required for a gas station in a commercial zone. The Planning Commission recommended to a II ow a special use permit to allow a gas station, contingent upon rezoning that part of the City of St. Joseph North of CSAH 75 which is currently industrial zone. Reber made a motion to rezone Lots 1, 2, 3, and 4 of Loso's Addition to Business-Commercial property and to a II ow the special use permit as requested. The motion was seconded by Sadlo. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Triple K Partnership al so requested a variance of ninety five (95) feet on the surface size of the business sign and a twenty four (24) foot va.r iance on the height. Zoning Ordinance No. 52 of the St. Joseph code of ordinances a II ows a maximum of 50 square feet on the surface area and 36 feet above the average grade of the property on which the sign is located. The property is 1 ega II y described as: Lot One (01) , Block Twenty One (21 ) , Loso's Addition. Lots One (01 ) and Two (02) , Block Twenty One (21) . The Planning Commission recommended to approve the variance, as requested, because the ordinance pertaining to business signs, needs review and update, and this is a readily recognized standard sized sign for fue 1. Other requests for this type of sign have been approved. Reber made a motion to allow the variance as requested for a sign; seconded by De hIe r. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. A vacancy exists on the Planning Commission to f ill Ben Kremer's seat. Dan Nierengarten has submitted his name as interested in serving on the Commission. Dehler made a motion to appoint Dan Nierengarten as a member of the Planning Commission; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Rieke a I so reported that the Planning Commission discussed the definition of "fami ly" for zoning purposes. The matter was tabled. 1787 MILLSTREAM PARK: Jim Brummer and Dave Ter"wey of the ReQr"eational Association discussed proposed plans for landscaping of the ditch area. Requested was city assistanQt:1 in landscaping and removing smaller trees from the area, accept clean f i I I for area and have city maintenance personnel and equipment do as much of the project as possible, as a cost containment. Reber made a motion to have maintenance department work with the Recreational Association, as time permits, to accomplish this project. The motion was seconded by Sadlo. Ayes: Loso, Reber, Deh I er, Sadlo, Rieke. Nayes: None. Motion carried. MILLSTREAM PARK USE: Paul Meyer, representing the Dry Riders, presented the itinerary for their use of Millstream Park, on Labor Day weekend. Sadlo made a motion to accept their request to use the park for a three day event, with damage deposit to be $500 and rent would stay at the normal rate of $25 per day; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Mayor declared the meeting in recess at 8:40 p.m. Mayor reconvened the meeting at 9:00 p.m. BONDS: Monte Eastvold, of Juran 8< Moody, I nc. , discussed a summary of the City's bond status. He recommended to ca 1 I the bonds which are callable, 1972 Water 8< Sewer and 1978-A Improvement. 1972 WATER AND SEWER BONDS: Member Rieke introduced the following resolution and moved for its adoption: RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING IMPROVEMENT BONDS, DATED OCTOBER 1, 1972 WHEREAS: A. The City Council of the City of St. Joseph, Minnesota issued on behalf of the City $160,000 Improvement Bonds, dated October 1, 1972, of which bonds $20,000 s t ill remain outstanding; B. A II of said bonds are subject to redemption and prepayment at the option of the City on January 1, 1983, or on any interest payment date thereafter (July 1 or January 1 of each following year) at a price of par and accrued interest, a I I as provided in the resolution of the City Counc i I dated September 7, 1972 authorizing the issuance of said bonds; C. The City Counc i I deems it desir"able and in the best interests of the City to ca I 1 a I 1 of said bonds matur"ing in 1788 the years 1991 through 1993, both inclusive on July 1, 1990, in accor-dance with said resolution author-izing the issuance of said bonds; NOW, THEREFORE, BE IT RESOLVED by the City Counc i I of the City of St. Joseph, Minnesota as follows: 1. A I I of the Improvement Bonds, dated October 1, 1972, of the City maturing in the years 1991 through 1993, both inclusive, sha II be redeemed and prepaid on July 1, 1990 at a price of par and accrued interest. 2. The City Clerk-Treasurer is hereby authorized and directed to cause notice of the call (a) to be published in Finance and Commerce, ( b ) to be ma i led to the bank where said bonds are payable and ( c ) to be ma i led to each holder who registered his name and address with her office for such purpose, all at least 30 days prior to July 1, 1990, the date of the call. Said notice sha II be in substantially the following form: NOTICE OF CALL FOR REDEMPTION $20,000 IMPROVEMENT BONDS DATED OCTOBER 1, 1972 CITY OF ST. JOSEPH STEARNS COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Counc i I of the City of st. Joseph, Stearns County, Minnesota, there have been ca II ed for redemption and prepayment on July 1, 1990 outstanding bonds of the City designated as Improvement Bonds, dated October 1, 1972, having stated maturity dates in the years 1991 through 1993, both inclusive, (bonds numbered 29 through 32) , and total ing $20,000 in principal amount. The bonds are being cEI.II ed at a price of par and accrued interest, to July 1, 1990, on which date all interest on said bonds wi I I cease to accrue. Holders of the bonds hereby ca I led for redemption are requested to present their bonds for payment at Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota, (formerly known as Northwestern National Bank of Minneapolis) on or before July 1, 1990. ,. 1789 Dated May 17, 1990 BY ORDER OF THE CITY COUNCIL /S/ Rachel Stapleton City Clerk-Treasurer Addition information may be obtained from: JURAN & MOODY, INC. 400 North Robert Street Minnesota Mutual Life Building Suite 800 St. Pau I, Minnesota 55101 612-224-1500 3. The City Clerk-Treasurer is hereby authorized and directed to deposit with said bank where said bonds are payable prior to said ca II date sufficient funds to pay a I I principal and interest due on said bonds as of the ca I I date. The motion for the adoption of the foregoing resolution was duly seconded by member Reber and, after a fu I I discussion thereof and upon vote being taken thereon, the following voted in favor thereof: A I I members present. and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. 1978-A IMPROVEMENT BONDS: Member Rieke introduced the following resolution and moved for its adoption: RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING IMPROVEMENT BONDS, SERIES 1978-A WHEREAS: A. The City Counc i I of the City of St. Joseph, Minnesota issued on behalf of the City $44,000 Improvement Bonds, Series 1978-A, dated November 1, 1978, of which bonds $19,000 still remain outstanding; B. A I I of said bonds are subject to redemption and prepayment at the option of the City on January 1, 1988, or on any interest payment date thereafter (July 1 or January 1 of each following year) at a price of par and accrued interest, plus a premium of one percent (1.00%) of par, a 1 I as provided in the resolution of the City Counc i I dated 1790 November 9, 1978 authorizing the issuance of said bonds; e. The City Counc i 1 deems it desir-able and in the best interests of the City to ca 11 all of said bonds ma tUi.' i ng in the years 1991 through 1998, both inclusive, on July 1. 1990, in accordance with said resolution authorizing the issuance of said bonds; NOW, THEREFORE, BE IT RESOLVED by the City Cou.nc i 1 of the City of St. Joseph, t-1i nnesota as follows: 1. All of the Improvement Bonds, Series 1978-A of the City maturing in the years 1991 through 1998, both inclusive, sha 11 be redeemed and prepaid on July 1, 1990 at a price of par and accrued interest. 2. The City Clerk-Treasurer is hereby authorized and directed to cause notice of the ca 11 (a) to be published in Finance and Commerce, (b) to be ma i led to the bank where said bonds are payable and ( c ) to be ma i led to each holder who registered his name and address with her office for such purpose, all at least 30 days prior to July 1, 1990, the date of the ca II. Said notice sha II be in substantially the following form: NOTICE OF CALL FOR REDEMPTION $19,000 IMPROVEMENT BONDS, SERIES 1978-A CITY OF ST. JOSEPH STEARNS COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City counc i I of the City of St. Joseph, Stearns County, Minnesota, there have been ca II ed for redemption and prepayment on July 1, 1990 outstanding bonds of the City designated as Improvement Bonds, Series 1978-A, dated November 1, 1978, having stated maturity dates in the years 1991 through 1998, both inclusive, (bonds numbered 26 through 44) , and total ing $19,000 in principal amount. The bonds are being ca II ed at a price of par and accrued interest, plus a premium of one percent (1.00%) of par per bond ca II ed, to July 1, 1990, on which date a I I interest on said bonds wi 11 cease to accrue. Holders of the bonds hereby call ed for redemption are requested to present their bonds for payment at First State Bank of St. Joseph, in St. Joseph, Minnesota, on or before ,Ju I y 1, 1990. 1791 Dated May 17, 1990 I BY ORDER OF THE CITY COUNCIL /S/ Rachel Stapleton City Clerk-Treasurer Addition information may be obtained from: JURAN & MOODY, INC. 400 North Robert Street Minnesota Mutual Life Building Suite 800 St. Pau I, Minnesota 55101 612-224-1500 3. The City Clerk-Treasurer is hereby authorized and directed to deposit with said bank where said bonds are payable prior to said ca II date sufficient funds to pay a I I principal and interest due on said bonds as of the ca I I date. The motion for the adoption of the foregoing resolution was duly seconded by member Reber and, after a fu I I discussion thereof and upon vote being taken thereon, the following voted in favor thereof: A I I members present. I and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. LIQUOR LICENSE TRANSFER APPLICATION: Mark Loso presented an application to a I low a transfer of the Liquor License from Midway on Main to Loso's Main Street Pub. After discussion to Counc i I tabled the license transfer, and the American Legion licenses, until the next meeting, to a I low for a background check, for the transfer, and a manager to be named, for the American Legion. LIQUOR LICENSE APPLICATIONS: Sadlo made a motion to approve the following liquor license applications, and non- intoxicating malt beverage application; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Sa I ' s Bar: Off Sale, On Sa Ie, Sunday On Sale. EI Paso Club: Off Sale, On Sale, Sunday On Sale. LaPlayette: Off Sale, On Sale, Sunday On Sale. Herk's Pizza: Wine. I Bo Diddley's: Wine. St. Joseph Liquor Shoppe (Hollander's) : Off Sale. St. Joseph's Parish (Non-intoxicating malt license) for- the Fourth of July Celebration. 1792 DISTURBING THE PEACE: Residents of the city discussed tr.Þ p¡·ob I ems of ¡'ecent weekend house parties. Noise, vandalism, I using neighbor"s property and lack of ¡"espect for" n8 i ghbo¡"s, litter, and pub I i c urination and other pub I i c acts, a I I due to the effects of a I coho I. counc i I stated that they had many complaints concerning the number of incidents caused by the parties, and felt more enforcement is necessary. Ways of contro I ling the situation were proposed. More enforcement, increasing rental license fees to cover costs, party permits which would require hiring an off duty law officer, meetings of representatives of the city, po lice, co I lege, students, and rental property owners. PARK BOARD REPORT: Dehler reported that the Park Board recommended that the city look into the feasibility of installation of drinking water fountains in Mi II stream and Centennial Parks. Centennial park shelter wi I I be sandblasted and painted soon. Three and four wheelers are doing damage to parks. Park Board recommended that the sandboxes in the tot lots be completed. CENTENNIAL CELEBRATION: Dehler reported on plans for the Centennial celebration. Plans for August 18th include canoe races at Kraemer Lake, country market and craft sale, parade, street dance, hot ai I' ba I loon rides, fireworks. A Mass and picnic, with the bishop is planned for August 26. The Mayor extended the meeting thirty minutes at 10:30 p.m. I and stated that the City should a II ow $8,000 to assist in costs of this major event of St. Joseph. Rieke made a motion to a II ow $8,000 be budgeted for the Centennial celebration; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. CLINTON VILLAGE: Counc i I agreed to request that the County reserve Lot 1, Block 3, CI inton Village Addition, for the City, as a necessary planning measure, for future access to an area of probable future development; and Lot 6, Block 3 to be reserved for future access to an existing park area known as Ho I I ow Park Tot Lot. CAPITAL OUTLAY: Rieke made a motion to approve 4 tires for the patrol car ($265.48) with proper resubmitance; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Reber made a motion to approve the request of a used 424 International tractor for the Park Department at $3,200; seconded by Rieke. I Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. 1793 Rieke made a motion to approve a metal cabinet for the new bathr"Qom at Millstream Park, for storage of supplies and cleaning equipment; seconded by Reber" . Ayes: Loso, Reber, De hIe r, Sad la, Rieke. Nayes: None. Motion carried. MEETING: Rieke made a motion to approve the Mayor and Clerk's attendance at a Legislative Wrap-up session, sponsored by League of Minnesota Cities; seconded by Reber. Ayes: Loso, Reber, De hIe r, Sadlo, Rieke. Nayes: None. Motion carried. Clerk reported on four noise violations. A I 1 were first violations. FIRE SCHOOL: Sadlo made a motion to approve costs of two firemen at State Fire Schoo I, total cost $451.89; seconded by Reber. Ayes: Loso, Reber, De hIe r, Sadlo, Rieke. Nayes: None. Motion carried. Rieke made a motion to adjourn at 11:00 p. m. ; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. ~ Rachel Stapleton Clerk/Administrator