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Home My WebLink About1991 [05] May 16 Page ihH)L¡. ì1.3.y 113, 1991 Pursuant to due ca II and notice thereof, the City Council for I the City of St. Joseph met in regulaT seSSIon on MëI.Y 16, 1991 at 7:00 p.m. in the l"'.. .Joseph City Had I. ;:) .~ . Members Present: Mayor Steve Dehler. Members of the Counc i 1 Leo Sadlo, Ross Rieke, Bob Loso, Stephanie Hazen. Deputy Clerk Judy Weyrens. City Attorneys John Scherer and JëI.nelle Kendël.l 1 . Others Present.: _Monte Ea.stvo 1 d, Pol ice Chief Brël.d Lindgren, Bud Reber, John Welsch, Stuart Goldschen, Thomas Rothfork, Dave Hollander, Don Schneider, Gladys Schneider, Mike Deut.z, Nei Pfannenstein, John Galama, Andrew Brixius, Co I leen Kunke I , Joe Kunke I, John M. Anderson, Tim Sibley, Donnël. Blanchette, Gene Scherer, Ed.mud Kremers, E i I een Kremers, Rita. \,]eyrens, Hugo Weyrens, !<ev i n Bla.nchette, Scott Ha.rms, Dick Taufen. As:enda Approva I : _Hazen made ëI. motion to approve the 8.genda. with additions; seconded by Loso. Ayes: De hie r, Sadlo, Rieke, Loso, Hazen. Na.yes: None. Motion GëI.r r i ed 5:0. Treasurer's Report: Sa.d I 0 made a. motion to approve the Apr i 1 treasurers report, seconded by HëI.zen. I Ayes: Deh 1 er, Sadlo, Rieke, Loso, HëI.zen. Nayes: None. Motion Carried 5:0 Minutes: Loso made a. t - to approve the minutes of May 2 mO·~10n and May 7 with the fol lowing corrections to the May 7 minutes: Page 1902 - Sadlo made a motion to adjourn the Counc i I meeting at 8: 15 p.m. . " " " Page 1901 - Members present should include Ci ty Attorney The motion was seconded by Hazen. Ayes: De hIe r, Sadlo, Rieke, Loso, Hazen. Na.yes: None. Motion Carried 4:0. OLD BUSINESS Petition to Annex: Thomas RothforK appea.red before the Council to requesting annexëI.tion of his property. The property is described .3.s: A I 1 that part of the Sou t hea.s t Quarter of the Northwest Quarter of Section 10, Twp 124, Range 29 {,.]est, Stearns County, Minnesota, lying northerly of a line pël.ra II e 1 to, concentric wi th, ëI.nd distant 50 feet northerly, measured. at right angles, from the Burlington Northern, Inc. maint trël.cK centerline, and east of Lot 13, Auditor's Subdivision No. 4. Conta.ining 10.51 acres, more or I less. The property is located north of the Railroad tracks and behind the existing business on Cedël.r Street Eëls t. Mr. Page 1905 Rothfork indicated that he has already approached the township a.bout a.nnexëI.tion ëI.nd they \'.Ier-e fa.vorël.ble. City Attorney John Scherer advised the Counc i I to have the City Engineer, Joe Bettendorf, review the legal description and any immediate impact on the adjacent area. If the legal description is deficient, the land would have to be surveyed at the owners expense. Sadlo made a motion to approve the annexation request of Thomas Rothfork, contingent upon the City Clerk receiving and verifying \'.lith the City Engineer the legal description. The motion was seconded by Hazen. Ayes: De hie r, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion Carried 5:0 Off-Sale Liquor Moratorium: Sadlo discussed the need to correlate the number of off sale liquor licenses to the current population, and suggested that the City Attorney ëI.long with the Po lice Chief look into possible guidelines for establishing such a ratio. Loso made a motion to I i f t the off sale liquor moratorium to allow for one (1) additional exclusive off sale liquor license. Any additional exclusive off sale liquor 1 icense \'l i I I be based on population increases. After the population of St. Joseph increases by 1600, one (1) additional exclusive off sale liquor license wi I I become avai lable. The motion was seconded by Hazen. Discussion: The counc i I discussed the need to adopt an ordinance regulating and establishing guidelines for off sale liquor. Amendment -1.Q. Motion: _ _The motion by Loso, seconded by Hazen, was amended to include: The morël.tor i urn wi I I be lifted in conjunction with the City Attorney drafting and Counc i I a.pprov i ng an Ordinance to control off sale liquor. The ordinance wi I I provide guidelines and criteria for application of off sale I i quo I' licenses, as we I I as providing control for current off sale license. The number of off sale liquor licenses \oJ i I I be proportionate to the population. Vote on amendment to Motion: Ayes: Dehler, Sadlo, Rieke, Loso, Hazen Nayes: None. Motion Carried 5:0 Vote on Amended Motion: Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. l10tion Carried 5:0 NEW BUSINESS Po lice Reports: _P 0 I ice Chief Lindgren presented the monthly po lice repor· t, and updated the Counc i I on the status of the r'ad i 0 investigation. Lindgren also discussed the mutual ëlid agreement/Joint Powers Agreement that he is working on with Page 1906 the Citv of ¡·J.3 i t.e Pa.rk. t1ayor Reports: - Attended a. meeting cln t'la.y <3 concerning .:3. i r quality. 2) Present.ed the Counc i I with a letter drafted by the City Attorney concerning updating/adding/changing the current. building ord i na.nees. Aft.er discussion, Loso mê!de a. motion to turn the matter over t.o the Planning Commission for their consideration and input. The motion was seconded by HêI.zen. A\."~c . Dehler, Sa.dlo, Rieke, LOso, Hazen. .I ...,;....... Nayes: None. Ì'10tion Carried 5:0 Coune i I Reports: Sadlo: Request.ed that Pub I i c \>Jo r k s Director, Dick Taufen, prepare a. report to t.he Counc i 1 on t.he sign program the City partieipðted in with the County in 1990. Loso: 1) \.,101.11 d like ð. directive to go to the t'Îa in t. en·3 nc 8 Department to go over all the Big Toys in the pa.r k s to check for safety. 2) The Park Board would 1 i ke the Counc i I t.o consider purchasing the following signs a.nd equipment: T\"o ( 2 ) signs directing traffic on CSAH 75 to the Historical ma.rker - $150.00; T\"o ( 2 ) Cement Picnic Tables - $150.00 each; Two ( 2 ) GêI.rbage Cont3iners - $100.00 ea.ch. The picnic tables and garbage containers would be 1 ' in nea.r p,a.ceo the monumen t. Loso made a motion to ëI.pprove the purchase of the historical ma.rkers, picnic ta.bles, a.nd garbage containers at the sta.ted price. The motion 1.l./as seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Ha.zen. Na.yes: None. t·10t.ion CëlT r i ed 5:0 3) The pa r k boa.rd a 1 50 requested t.ha.t. t \'lO ( 2 ) drinking founta.ins be plëlced in Cent.ennial Pa.rk. The fountains i:!.r 8 frost proof. Loso made a. motion to purcha.se t\"O ( 2 ) founta.ins at a price of $7<31.00 each; seconded b'" Ha.zen. - > Discussion: Sa.d 10 questioned the purchasing of t \,'0 ( 2 ) fountains, a.nd f e I t. tha.t only one ( 1 ) should be purchased this year. L050 m.3.de a. motion t.o approve ·3.n amendment. to the mot.ion \"h i ch ~·.rou 1 d provide for the purchð.se of 1 drinking .- .1-. r OUf1 '_03.1 n instead of t.wo. The amendment \,¡ 3. S seconded by Hazen. Ayes: Deh I er, Sa.d I 0, Rieke, Loso, Hazen. Nayes: None. t'10tion C.3.rried :::~ : 0 Vote on a.mended .¡. . ·3.S fo I 10\-/5: m 0 ,_ 1 0 n Ayes: Deh 1 er, Sadlo, Rieke, Loso, Hazen. Na.yes: None. ¡'10tion Ca. I' r i e d 5:0 4) Discussed the need for a st.op sign at. the intersect.ion of the a II ey by the St. Joe ¡'1 e a. t t·1a.rket where the a.l1 ey intersects First. A\ienue NW. Loso m a. d e -. motion 1:,0 erect d. stop sign, stoppi"ng East/West traffic, in the a I ì 8Y bet\"een College Ave t'Jorth and First Ave North\·Jest, par'allel to Page 1907 Minnesota Street West. The motion was seconded by SadIo. Ayes: Dehler. Sa.d 10. Rieke. Loso. HëI.zen. Nayes: None. Motion Carried 5:0 5) The Park Board also discussed Morningside Park and ways to improve the park. They wi I I continue to discuss this ma t t e r . Hazen: 1) The Planning Commission met and discussed concerns about the communication between the Counc i 1 and the Planning Commission. The Counc i 1 expressed appreciation for the specia.l ized recommendations Ii/hich the Planning Commission offers to the Counci I. 2) Dale Schneider came before the Plël.nning Commission to request approval for an addition to Sa. I s Ba.r. The Planning Commission recommended the Counc i I approve the plans and a 11 ow Mr. Schneider to make application for a building permit. After Discussion, the Counc i I was in general agreement to have Mr. Schneider appear at the next Counc i I meeting and present his plans to the Counci I. RieKe: No report. Pub I i c Hearin~ - A I ley Vacation: _ _Mayor Dehler ca I led the - hearing to order to consider the request to VëI.Ca te the portion of the a II ey east of a.nd adjacent to Lot 7, Block 2, Loso's Third Addition, lying between the North right of way line of Birch Street (formerly Pine Street) , a.nd the South right of way line of CSAH 75. The request has been submitted by Mike Deutz, 23 Birch Street West. Mr. Deutz is requesting the vacation of the a I 1 ey for future expansion and parking. Councilor Sadlo expressed concern that if the vacation of the a II ey is approved, it wi I I not become a used Car Iot. Since the alley is not necessa.ry for the needs of the City and serves no public interest, Sadlo made a motion to ëI.pprove the vël.ca t ion of the a I 1 ey as described above. The motion was seconded by Loso. Ayes: De hie r, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion Carried 5:0 Gambl in~ License Application: Sadlo made a. motion to a.pprove the Minnesota Lawful Gambling license application renewal, of the St. Joseph Jaycees as presented; seconded by Ha.zen. Ayes: Deh I er, SëI.dlo, Rieke, Loso, Hazen, Nayes: None. Motion Carried 5:0 Pub I i c Input: 1) Residents near 2nd Avenue NE a.ppeared before the Counc i I to express their support of the Variance request of Joe Kunke I . 2) Gladys Schneider questioned the Counc i I on the po lice reports submitted by the po lice depël.rtment. Var iël.nce Request - Joe Kunkel: .Joe and Colleen Kunkel appeared before the Coune i I to r'equest a var· ianee on the f r· on t yar'd setback as needed, and a variance on the rear yard setback of six feet, to extend an existing one s ta 1 I attached Page 1 '~1()[\ garage. The property is i 0 Cd. t e ò at ,31 C' , Ave NE. The .:;econo Pla.nning Commission r- e GiJmrn 8 no. 8 iJ. the {~ou.nc i 1 deny the r-8~i1)8st due to fa.i lln'e 1:.0 met the requirements tor C'. vd.rianee. .J 08 Kunkel rec:¡uested t.he Counc i 1 to reconsider the variance request as he has additional informa.tion. ì1r. Kunkel stated hea.l th reasons, presented a. drawing of the property, and f i led a. petition . i-' the City Clerk of support of the WI,. n surrounding neighbors. Due to the additional in for ma. t ion provided, Sadlo ma.de a. motion to refer this matter b .3. C k to the Planning Commission for further consideration. The motion was seconded by Ha.zen. Ayes: Deh I er, Sadlo, RieKe, LosCì, Hazen Nayes: None. ì'1otion Carried 5:0 The m.3.yo I' deG la.red a. recess d. i:. 9:00 d.nd excused himself from the rest of the meeting, 3_S his daughter was being confirmed. Acting t1.3.yO r Sa.d I 0 reconvened the meeting a. t 9: 10 p.m. Po lice Personnel Reques t: _ The r ., considered the written ,-,oUne I ¡ rec:¡uest of Officer Young to reconsider the two da.y suspension imposed a. t the Apri I 4, 1991 City Counc i I meeting. Ci ty Attorney, John Scherer, discussed with the Counc ii, the proper procedures, 3.nà stated tha.t Officer Young is foIloldng the grievance procedures as outlined in the Federation Contract. At this point in time, the Counc i I must affirm or deny the rec:¡uest. Depending on the .L . taKen by the a.c '0' I on Counc iI, the next step \.,,01..1 1 d be arbitration. After discussion, Loso ma.de a. .L . to a.ffirm the tI."o da.y mO!.lon suspension of Officer Young, previously . . d.t i- ' =>~ Imposed 'J ne ......-.=J Apr i 1 4, 1991 City Counc i 1 meeting. The motion wa.s seconded by Rieke. Ayes: ... " Rieke, Loso, Hazen. ~aaLO, Nayes: None. t'1otion CaT I' i e d 4:0 Special tJse Permit - Scott Harms: Scott Ha. r m s appeared before the Counc i I to request a. special use . i- ta operate an perml,. a.uto body repair garage in a gene r3.1 business zone. The property is I oea. ted at 110 Birch Street \.Jes t; Lot 4, Block 11, Original TOI\cns i te of C::i- .Joseph. Due t.o the fact th3t he ...; I.... did not appea.r before the Plëlnning Commission for his scheduled hearing a.nd that he did not receIve the notice of heël.r i ng, the Counc i I recommended tha.t he return t.o the Planning Commission for a recommendation. As rec:¡uested by the Ma.yo r, the City Building Inspector, Ron Euteneuer, performed a safety inspection of the property. The Counc i I discussed with ì1 I' . Ha.rms the I' e commend2-. t ions of the building inspector a.nd aSKed i f he would be willing a.nd a.b 1 e to make the necessary repairs. After discussion Rieke ma.de a. motion to h a. v e t'1 r . Ha.rms d.ppea I' before the Planning r . ~~. ·3. t ',' 0 m m I '" '" 1 0 n the .June ~ 0 . He should ·3. Í. so ha.ve completed anei. present mee'olng. to the PI.3.nning Commission, -3. schedule of when t' sa.fety ·.ne repairs would be complete. The motion was seconded by· Hazen" Aves: Sadlu, Rieke, Loso, Hazen. Nayes: None. t"1otioll Carried 4: (). Page 1909 Monte Eastvold - Financin¡;(: Monte Eastvold of Juran & Moody ëI.ppe3.red before the Counc i I to discuss the effects of bonding should the City do any projects that vlOU 1 d require bonding. Also discussed were the differences between negotiated bonds and public sale bonds. Supt -2.f. Pub I i c Works: ___Dick Ta.ufen, Pub lie Works Director, appeared before the Counc i I to request additional help for the summer. Due to the increase in the \I/ork load, the maintenance department cannot keep up. Rieke made a motion to advertise in the paper for a pa.rt time summer I a.borer to work up to 39 hours per week. The motion was seconded by Hazen. Discussion: LOBO clarified t hël. t. the part time position is for the use in the parks to keep them clean and orderly. Ayes: Sadlo, RieKe, Loso, Hazen. Nayes: None. Motion Carried 4:0 Clerk/Adm Reports: - 1) 7th Ave~__The Council discussed the current status of East Baker Street and 7th Ave SE and the need r e pa. i r s . Aft.er discussion, the Counc i I passed the following Resolution: RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT WHEREAS, it is proposed to improve Seventh Avenue South East from Minnesota. Street Ea.st to the South 1 i ne of East BëI.ker Street and to improve East Baker Street from the West Line of 2nd Ave SE to the East line of Seventh Avenue South East by construction of ëI. bituminous street with base, bituminous ma t, curb and gutter, and \I/a te r main/storm sewer/ sanitary sewer appertinent for the project and to assess the benefited property for a I I or a portion of the cost of the improvement, pursuant to Minnesota. Statutes, Chapter 429. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. .JOSEPH, MINNESOTA That the proposed improvement be referred to .Joe Bettendorf, Pauly, Olsen, Bettendorf & Assoc, for study and that he is instructed to report to the Counc i I \1/ it h all convenient speed ëI.dvising the Counc i I in a. preliminary wa.y as to whether the proposed improvement is feasible a.nd 8.S to whether the proposed improvement is feasible a.nd as to \I/hether it should best be made a.':> proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2) Le¡;!islël.tive Wra p -2dE.. Session: _ _The League of Minnesota Cities is holding ëI. session to discuss the new chël.nges in F'B-Q8 iÇilO State Law. The sem i na.r \dìl be held on .June 25, 1991 in Alex3.ndria. 3) Noise Violations: t'our- Noise Viola.tions \'l8 re t.1_~rn8d In f] Y· Po lice Dep3.r tmen t- in the last two weeks. 4) Delinquent . ¡,fa t.8 I' B ill s: A 1 ¡ the affected property owners - " have responded or made payment of their- utility b ill. 5) ¡,later Stora.~e F3C i I i ty: n . Begbedeer has the survey ~- ",enlse results 3.nd is in the process of gathering information to write the grant a.ppl ication. 6 ) Fire Dep3.r tment B ill s: H3zen m3de a motion to approve the Fire Depar tment B ill s of D'; 1 1 Lo\~e 1 1 and Fr3nk Loso for I.J.l L J. 3ttending 3. fire semin8r. The motion was seconded h" Rieke. '- , Ayes: Sadlo, Rieke, Loso, Hazen, NëI.yes: None. r-10t i on Carried 4:0 Adiourn: LOSCi made ·3. motion to a.djourn a.t 1{): <J5 p. m. ; seconded by' Sad I o. AY'es: Sad 1o, Rieke, Loso, H3.z:en. l'!a.yes: None. t1otion Carried 4:0 ~~ .Judy ¡')eyrens Deptuy Clerk