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HomeMy WebLinkAbout1991 [06] Jun 20 Pa.E8 18113 June 20, 1991 Pursua.nt to due Cël. I 1 ëI.nd notice thereof, the City Counc i 1 for I the City of St. Joseph met in regulëH session, on Thursda.y, .J une 2O, 1991 ëI.t 7:00 p.m. in City Ha 11. MEMBERS PRESENT: Ma.yo r Steven Dehler; Members of the Counc i I Leo Sadlo, Stephanie Hazen, Ross Rieke. Clerk/Administrator Rachel Stapleton; City Attorney John Scherer. OTHERS PRESENT: City Engineer Joe Bettendorf, Stuart Goldschen, DeplJty Clerk Judy Weyrens, Andre\" Brixius, Bud Reber, John We 1 sch, Mark Lambert, Bob Mager, Mar\' Efël.now i tz, Jim Brummer, Dick Taufen. APPROVE AGENDA: HëI.zen made a. motion to a.ppro\'e the agenda with additions; seconded. by SëI.d I o. Ayes: Dehler, Sadlo, Hazen. Nayes: None. Motion carried. TREASURER'S REPORT: Judy Weyrens, Deputy Clerk, gave the Treasurer's Report for t'1ay. Sadlo made ëI. motion to approve the report a.s presented; seconded by Hazen. Ayes: De hIe r, Sadlo, Hazen. Na.ye s : None. Motion carried. MINUTES: HëI.zen made a motion to approve the minutes of the I June 6, 1991 meeting as corrected; seconded by Sadlo. Ayes: Dehler, Sadlo, Hazen. Nayes: None. Motion carried. t1A YOR REPORTS: 1) The r'1.:;!.yor met with St. Ben's offici.:;!.ls a.nd \.¡Ì I I meet again at the end of the month. st. Ben's is expected to respond soon, ..'Ii th their intentions on improving the portion of Ea.st Baker Street which is adjël.cent to their property. 2) The Mayor attended the League of Minnesota Cities in Rochester, ëI.long with Councilor Ha.zen. 3) The Mayor presented a quote from Giroux Const.ruction to install two windows in skating shelter at the Baseba 1 1 Park. Counc i I liaison to the Park Boa.rd is requested to present the mël.tter to them for their r ecommenda. t ion. COUNCIL REPORTS - SADLO: No report. HAZEN: Att.ended the League of Minn. Cities Conference and hope to implement changes I eël.rned at this conference. OLD BUSINESS: CIVIL DEFENSE SIREN - Place on the agenda. of the next meeting, with amount of dollars aVëI.i lab Ie for this proposa.l. t.JATER í NG BAN - Sa.d 1 0 mël.de ëI. motjon to authorize the Pub i i c Works Superintendent to issue watering bans and rest.rictions I when he deems it ëI.ppropr i ate; seconded by Hazen. Ayes: Dehler, SëI.d 10, Ha.zen. Nayes: None. Motion carried. Page 1917 TABLES FOR MONUMENT PARK - Counc i 1 request.ed stat.us on the picnic t.ables a.pproved for t'10numen t Põ\.rk. ARMY 1..JORî1S - Counc i I request.ed t.hat. the Tree Inspector contact DNR for methods of control, so that the City is prepared if the problem of large numbers of Army Ilforms invade the City again. 1,.JATER T01,..!ER GRANT APPLICATION - Counc i I requested that the Grant writer give a monthly report of progress. L I Q.UOR ORDINANCE AMENDMENT - ARM BAND: Counc i I requested that the Po lice Chief del iver the proposed amendment t.o t.he Bar Owners, and put on t.he ëI.genda for the next meeting. Hazen stated that she tota.lly disagrees with ëI.l lowing eighteen year oIds in bars and felt it is impossible to control their drinking. Sadlo felt. the over age 21 patrons would not. be willing to weõ\.r identification arm bands. Dehler felt the amendment restricts the under twenty one patrons enough to prevent them from consuming. EXPENSE POLICY: Hazen mõ\.de a motion to approve õ\ resolution establishing an expense reimbursement po I icy for all City elected officials ëI.nd employees, with chël.nges which would require that a 1 I meals which are provided by registration at the event s ha I I not, be reimbursable; and that travel time sha 11 be included in per diem hours. The motion was seconded by Sadlo. Ayes: Dehler, Sadlo, Hazen. NëI.yes: None. Motion carried. STREET IMPROVEMENTS - EAST BAKER AND SEVENTH AVENUE SE: Joe Bettendorf, Cit.y Engineer, presented .:3. report on the proposed project, and stated tha.t St.. Ben's would contact the City on July 1, on their intentions, in relation to this proposed project. t1r. Bettendorf also presented a proposed schedule for the project. After discussion, Sadlo made a motion to approve the following project schedule; seconded by Hõ\.zen. Ayes: Dehler, Sadlo, Hazen. Nayes: None. Motion carried. Notice published in pëlpe r July 8 & 15 Notice to property owners July 8 Hearing, Order plans ëI.nd specifications July 18 Advertise for bids August 2 & 9 Open Bids August 23 Consider Award August 29 Begin Construction September 16 Complete construction October 18 Hazen mël.de a motion to ëI.pprove a resolution receiving the engineer's report and calling for a pub I i c heõ\.ring on July 18, 1991; seconded by Dehler. Ayes: De hie r , Hazen. ~Ja:ÿes : Sadlo. Motion carried. Page Eli8 OPEN TO PUBLIC: Bud Reber spoke to the Counc i I about the proposed assessment to his residential property on Second Avenue and Baker Street. He told the Counc i I that his a.ttorney recommended t h ëI. t he cha I I enge the proposed assessment for the East Baker Street project. Reber a I so discussed past a.ssessments \ýh i ch he f e It he was unfairly a.ssessed because he wa.s assessed for s i }{ feet more t ha n his property conta.ins. Reber discussed that pa.st assessment formulas \ýh i c h were different than the formula. currently being used and is proposed for the Baker Street, Seventh Avenue project. Reber requested that the Council consider to reimburse him for past a.mounts, which he lýa.s over a.ssessed. The Counc i I requested that he prepa.re a. statement with the amounts \ýhich he feels he w 3. s over assessed in the pa.s t, a.nd they wi I I consider it. MI". Bettendorf asked i f ì-1 I' . Reber was acceptable to the current formula for East Baker Street. j-j r . Reber stated that he is acceptable to the formula but it wi ¡ I not i ncrea.se his property va. I ue by the 3.moun t of the a.ssessment. Then t'1 r . Reber \'l3.S told tha.t the requirements for contesting the assessment wi I I be clearly stated in the notice which he lý i I I receive for the assessment hearing. PROPOSED AP ART!'1ENT BUILDING: t'1 ën k Lambert a.ppea.red before the Co un i I to upda. te the Counc i 1 on the sta.tus of his proposed a.pa I' tmen t comp I ex. He stated tha. t he wa.s un.;:¡b ¡ e to secure f i na.nc i ng for construction in 1991, but intends for construction in 1992, to open in the fa II of 1992. .JULY t1EET I NGS: Because the Fourth of ..Iu ì y fa. 1 1 s on Thursday this yea.r, Ha.zen made a. motion to hold the meetings of the Counc i I on -Ju ¡ y 11 and cJuly 25, ëlnd July 18 - Pub I i c Hearing; seconded oy Dehler. Ayes: Dehler, Sadlo, Ha.zen. Nayes: None. 1'10tion caT r i ed. REFUSE SERVICE: Bob f'1a g e I' a.nd ¡-larv Bano\ýitz: of PaT k Refuse/BFI, offered a refuse ser\/ice proposa.1 for next y-ea.r. Fees \·¡ere offered a. t the same rate as current \.¡Ì t h ë1n a I lowance for increaase in disposal costs. Counc i I requested t hé! t more volume ba.ses, including a one cël.n I i m it, be offered in a. proposal. H.3.zen m a. d e a. motion to recess a.t ô: 3·5 p.m; seconded by Sa.dlo. Ayes: Dehler, Sadlo, Hazen. Nayes: None. I'10t i on carried. The Ma.yo r reconvened the meeting a. t 8:50 p.m. Rieke aT rived at 8:50 p.m. BUILDING AND SUBDIVISION REGULATIONS ORDINANCE AMENDt1ENT: Ha.zen made a. .. . to approve an a.mendmen t to Ordinance 51 - mO"lon Building Ordinðnce, which would reqt1ire cont.r.3ct.ors 8nd builders to operate responsibily, by controling constï'uction ffi8.teï·lals End debl"'is, completion within one year, ordinô.nce Page 1919 code comp 1 i ance, and contro II i ng hours of construction noise. The motion was seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Hazen. Nayes: None. Motion carried. Sa.d I 0 made a. motion to a.pprove a.n amendment to Ordinance 52 - Zoning Ordinance, and 54 - Subdivision Regulël.tions, which \"'01..1 I d increase minimum lot size in R-1 zones to 11,000 sq. feet, and change minimum lot width to 75 feet and depth to 125 feet. The motion was seconded by Rieke. Ayes: Dehler, Sa.dlo, Rieke, HëI.zen. Nayes: None. Motion carried. Hazen made a motion to a.pprove an amendment to ord i na.nce 52 - Zoning ordinance, which would require a garage with a minimum 20 width and 22 feet. depth, in an R-1 zone, on any lot platted after ~Tu I y 15, 1991. The mot.ion wa.s seconded by Rieke. Ayes: De hIe r, Sadlo, Rieke, Hazen. Nayes: None. Motion carried. GAMBLING LICENSE APPLICATION: Jim Brummer, represent.ing the St. Joseph Recreational Ass'n, Inc. presented ëI.n application for exemption from LëI.wful Gambling License for a fund raiser for the profits to go to the St. .J oseph Recreation Center Fund. The event is to be held at Millstrea.m Park on Augt..!s t 24, 1991. He also requested that the Counc i I waive the 30 day \'/aiting period and a I low the State Control Board to consider the Application a.t their eël.r I iest convenience. Sadlo made a motion to a.pprove the application for exemption a.nd to waive the thirty day waiting requirement, as requested; seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Hazen. NëI.yes: None. Motion carried. LOCAL OPTION ONE HALF PERCENT SALES TAX: Sa.d I 0 made a motion to write a letter to the County Commissioners supporting the one half percent sales tax increase, as required by the State of Minnesota, in order to receive local government aid a.fter 1991. The motion \"'ëI.S seconded by Ha.zen. Ayes: Deh I er, Sadlo, Rieke, Hazen. Nayes: None. Motion carried. PART TIME POLICE OFFICERS: Hazen m.:3.de a motion to a.pprove 160 hours, total, of part time Police Officer duty, during June, July, and August; seconded by Rieke. Ayes: Dehler, SëI.dlo, Rieke, Hazen. Nayes: None. Motion carried. ST. WENDEL TOWNSHIP: Sadlo ma.de a motion to investiga.te further, without commitment, St. Wendel Township's request for pa.rt time po lice services; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Hazen. Nayes: None. Motion carried. Pfq~e H)20 POLICE COt'1PUTER: Hazen In ø. d e ø .¡. . to de!øy action unt i 1 mO·,Ion next yeø,r , on Po lice Chief's request for ·3 compu 1:.8 r , in view of the sta.tus of the budget; seconded by Rieke. Ayes: Dehler, Sëldlo, Rieke, Hazen. Nayes: None. Motion carried. .JOB DESCRIPTIONS - Hazen present.ed a form, to be f ill ed out by a.ll employees, to gather job description informa.tion. PROPOSED PROPERTY PURCHASE: Rieke ma.de a. motion to approve a. Termina.tion of Purchase Agreement \.J it h representatives of the Susan Roske Estate; seconded by Sa.d I o. Ayes: De hie r, Sa.dlo, Rieke, Hazen. Nayes: None. Motion carried. CAPITAL OUTLAY REQUEST: Hi3zen ma.de a. motion to a.pprove the 10\'1 quote of St. Joe Gas and Bait for a diesel tank and s ta.nd for $330; seconded by Rieke. Ayes: Dehler, Sa.d I 0, Rieke, Hazen. Nayes: None. f'1otion ca.rried. S I DE\.JALK REPLACEMENT: Rieke made a motion to a.pprove up to $4,215 for I' emova. I , disposal, a.nd replacement of five areas of sidewalk, on the condition tha.t a.nother bid is obt.:;¡,ined for the project. The motion \-Ja.s seconded by Ha.zen. Ayes: Dehler, Sadlo, Rieke, Hazen. Nëlyes~ None. ì'1o t ion c3.rried. r'1 I LLSTREAf'1 PAR!< (-)ATER: Dick Taufen reported t ha t. the Sta.te Department of Hea.1 th has tested t.he wa.ter- for the park shelter, and house, in t'1i II stream Pa.rk. The test results \.¡ere above the a, I ! o\'Ja.b I e limits a.nd the \'Ie! I \'1 i I I have to be treated. The State did not feel this is an emergency situa.tion, but \'Iork on the we II should begin as soon a'" possible. POLICE RADIO: Hazen ma.de a motion to close the file on the po lice radio, \'Jhose disposal procedures were questioned; seconded by Rieke. Discussion - Sadlo ø.S ked Chief Lindgren if the radio IS in h;~ possession. He sta.ted affirmatively. J.>O Avo~' De hIe r, Sa.d I 0, Rieke, Ha.zen. _, '-' ,;:I <I Na.yes: None. f'1otion ca.rried. Rieke \.¡as excused at 9:50 p. m. POLICE OFFICER INVESTIGATION: City Attorney cJohn Scherer discussed with the Counc i 1 tha.t the County Attorney's office has completed their review of Jeffrey Young - St. -Joseph Po lice Department Investiga.tion and did not find enough evidence for felony or gross misdemeanor cha.rges. The County Attorney's Office referred the ma.tter to + . St. ,Joseph City ·_·ne Att.orney fGr considerd.t-ion of m i sdeme.3.nor prosecution. (3it.y At to{'ney John Scher-..e¡.... suggested referring the matter to Page 1921 another County Attorney's office for review. Hazen ma.de a. motion t hël. t the Po lice Chief a.s we I 1 as the entire Counc i 1 study the report and \'Jeigh the fa.cts before sending it further for review. The motion was seconded by Sadlo. Discussion - Sadlo stated he would like to see this matter get resolved soon. Ayes: De hie r, Sadlo, Hazen. Nayes: None. ¡"lotion carried. Hazen made a motion to adjourn at 10:01 p.m. The motion was seconded by Sadlo. Ayes: Dehler, Sadlo, Hazen. Nayes: None. Motion carried. G~~~v Rachel Stapleton Clerk/Administrator