HomeMy WebLinkAbout1991 [10] Oct 03
Page 1971
October 3, 1991
Pursuant to due ca I I ëI.nd notice thereof, the City Counc i I for the City
of St. Joseph met in regular session on Thursday, October 3, 1991 at
7:00 p.m. in the st. Joseph City Ha I 1 .
Members Present: Mayor Steve Dehler. Members of the Counc i I Ross
Rieke, Bob Loso, Stephanie Hazen. Deputy Clerk Judy Weyrens.
Others Present: City Attorney John Scherer. Po lice Chief Brad Lindgren.
Po lice Officer Jeff Young. Sr. Paula Revier, Sr. Jane Weber, Sr.
Moria Wild, Dan Nierengarten, Bud Reber, Sr. Brian Spain, Dennis Stueve,
Ken Tw it, Rachel Stapleton, Nancy Lang, MëI. r y Herkenfoff, Hugo Weyrens,
Pam Novak, William Lorentz, Iver Li nnemël.n, Jason Novak, Al Pfël.nnenstein,
Dave Tripp, Thomas Cruikshank, Stuart Goldschen, Mike Deutz, Joe
Poga.tch i nk, Eileen Pogatchink, Mike Leuthner, Tony A I \I/3.es.
Approve Agenda: Loso mël.de ëI. motion to approve the agendël. as presented.
The motion was seconded by Hazen.
Ayes: Dehler, Loso, Hazen.
NëI.yes: None. Motion Carried 3:0:0
Bills Payable: Councilor Hazen questioned the overtime of the police
department when attending conferences, and whether or not the schedule
can be revised so the officers are attending conferences/training during
a regular scheduled work day. After discussion, Hazen made a motion to
approve the bills as presented. The motion was seconded by Loso.
Ayes: Dehler, Loso, Hazen.
Nayes: None. Motion Carried 3:0:0
Councilor Rieke arrived ëI. t 7:07 p. m.
Approve Minutes: Loso made a motion to approve the minutes as presented;
seconded by Hazen.
Discussion: Some confusion has arisen as to the no parking signs
that were approved for Centennial Park. Council wi 1 1 discuss
later.
Ayes: Dehler, Loso, Hazen.
Nayes: None. Rieke Abstained. Motion Carried 3:0:1
Mayor Reports: 1) Mi II stream House: The renter has contacted the Mayor
and requested authorization to stay in the house until Monday, October
7, 1991.
2) Street Seal Coating: Hazen made a motion to instruct Ci ty Engineer
Joe Bettendorf and Pub I i c Works Director Dick Taufen to study and
pI'esent a seal coating progra.m for the St. Joseph stI'eets. The motion
was seconded by RieKe.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion CëI.r r i ed 4:0:0
3) Annexation: Mayor Dehler has been meeting \1/ it h representatives of
the Co II ege and Convent of St. Benedict to discuss annexation of the
entire campus.
Page 1972
4) F i Ie Book: A II Gorrespondence received by the Clerk's Office is
being placed in a booK in the Clerk's Office - - Councilor's are
encouraged to stop in the office to read the information.
Council Reports
Rieke: No report.
Hazen: Attended a pay equity seminël.r on October 3, 1991 at the City of
St. Cloud. Because a I I government entities must complete the study and
have a plan of camp I i ance f i led with the Department of Employee
Relations on or before December 31, 1991, it is important for the City
to begin the proGess.
Loso: Received complaints about people goose hunting in Morningside
Park. After discussion of the park, Loso made a motion for the City to
annex Morningside. The motion was seconded by Rieke.
Ayes: Dehler, Rieke, Loso, Hazen.
Na.yes: None. Motion Carried 4:0:0
OLD BUSINESS
SGherer Property: The City ClerK's Office received the survey of the
Scherer property and has forwarded it to the City Attorney's Office.
Refuse Contract: The City has advertised for bids for refuse remova.l for
the Residents of St. Joseph. Bids wi I I be opened on October 15, 1991 at
1:00 p. m. for Counc i I consideration on October 17, 1991.
Gasoline Bids: The City sent notices to gasol ine supplies in St. Joseph
requesting bid prices for gasoline for a II City vehicles. The bids are
for six (6 ) months, beginning J anua.ry 1, 1992. Bids wi I I be opened on
October 15, 1991 at 1: 30 p.m. for Counc i I consideration on October 17,
1991.
Off Sale Liq!..wr Applications: The Clerk's Office has received two ( 2 )
applications for the availa.ble off sEl.I e liquor license. The applicants
a. I' e .J i m KrebsbElch, Krebsbach Oil EI.nd Ted Duncan, St. Joseph Gas &, BëI it.
Hazen made a motion to instruct the Po lice Chief to begin the background
checks on the ê:lppl icants ëI.nd report bëlck to the City Counc i I on November
7, 1991. The motion \>Jas seconded by RieKe.
Ayes: Dehler, RieKe, Loso, Ha.zen.
Nayes: None. Motion Carried 4:0:0
Precinct #2: According the Sta.te, the po I I in g precincts only need to be
\>Jithin 3,000 feet of the precinct. t.¡ i th this in mind, the Legion would
be acceptable. Loso made a. motion to instruct the ClerK's Office to
continue the process of relocating precinct #2 and to try and secure the
Legion as Precinct #2. The motion \...as seconded by Hazen.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 4:0:0
Precinct #3: In an effort to centralize a I I the precincts, Hazen made a
motion to send the Mayor to SL Benedicts to investigate the feasibility
of moving precinct #3 off campus and in a more centralized location.
The motion was seconded by Loso.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. ¡':lotion Carried 4:0:0
PëI.ge 1973
Fence Ordinance: The City Attorney is drafting a proposed fence
Ordinance for Council consideration.
Disposal of Fixed Assets: Department Heads have completed and turned in
a list of surplus property. Because the Council needed clarification on
surplus property items, Loso made a motion to table the discussion until
a later time. The motion was seconded by Rieke.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 4:0:0
NEW BUSINESS
Irma Hoffmël.n - Annexation: In the process of recording the a.nnexation of
Irma Hoffman, it was determined that the legal description used in the
petition was in error. To complete the recording of the property Ms.
Hoffman must either petition for annexation for the remaining portion,
or split the property. Ms. Hoffman stated she would notify the Counc i I
of her decision at the next Counc i I meeting. I f annexation is required,
the Counc i I discussed the fee t hël. t would be charged. Because their was
an error in the legal description, Hazen made a motion to waive the $100
annexation if Ms. Hoffman chooses to annex the remaining portion. The
motion was seconded by Rieke.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion CëI.r r i ed 4:0:0
Open to the Public
Bud Reber questioned the need fo!' removing the posts on East Baker
Street before the frost. Since the posts hël. v e been removed, Cël. r s have
been racing down the Street creël.ting dust storms. The Counc i I informed
Mr. Reber that they would discuss the mël.tter with the Po lice Department.
Dave Tripp - Metro Bus: Tom CruikshanK, Metro Bus Transportation
Planner appeared before the Counc i I to present informël.tion on the Metro
Bus ëI.nd proposals for St. Joseph. Mayor Dehler explained to those
present that the Counc i I is only seeking information at this time, no
commitment has been made by the City.
MTC was formed in 1969 by. the MN Legislature, ëI.nd serves the Cities of
St. Cloud, Waite Park and Sa uk Ra. p ids. The route being planned for St.
Joseph would be ëI. connection in Waite Park, with Crossroads being the
main station. Mr. Cruikshank presented three (3) possible options of
service.
Option #1 - Service would begin at 6:20 a. ffi. and end at 10:00
p.m., and would include half hour service.
Option #2 - Service would begin at 6:20 a.m. and end at 10:00
p. m. , would include half hour service, with no m i dda.y
service between 11:20 a. m. and 2:20 p.m.
Option #3 - Service would begin at 6:20 a.m. and end at 10:00
p.m., would include hal f hour service with limited
service between 9:20 p. m. and 2:20 p.m.
Page 1974
The City would have the option of becoming a f 1..1 I I member or cont r3.c t
the service. The next step in the planning process would be conducting
a survey of residential use. The survey would consist of 10 to 15
questions, and would be 3. telephone survey.
Ken Twit questioned the accessibility and availability of the handicap
bus, 3.nd questioned the procedures for handicap ridership.
Al Pfannenstein discussed the affect. on businesses in St. Joseph if
Metro Bus Service to St. Cloud were avaiI3.ble. Mike Deutz concurred
.3nd didn't feel it was right for the businesses in St. ,joseph to h3.ve
to subsidize pub I i c transportël.tion t.hrough taxation.
t'1ayo r Dehler thanked Metro Bus representëltives for the presentation,
and recessed the meeting for 12 minutes.
Mayor Dehler reconvened the meeting at 9: 15 p.m.
Pub I i c Hearin¡;( -- Noise Violation: Mayor Dehler opened the pub I i c
hear i ng at 9: 15. The purpose of the hearing \...3S to conduct an
evidentiary hearing for the property o\>Jne I' s of 34 - 1st Ave SE beca.us e
of two cited noise violations. The property is owned by Joe & E i I een
Pogatchnik. MëI.yo r Dehler turned the hearing over to City Attorney John
Scherer. MI'. Scherer briefly summarized City Ordinance #1982-D and
asked MI'. & Mrs. Pogtachnik if they were aWël.re of the noise violëltion
procedures, if they had been notified of each of the violations, and if
they a.ccepted the reports of the po lice department. The first
violël.tion wa.s on September ;3, 1991 and the second violël.tion wa.s on
September 15, 1991. Mr. Pog3tchnik stated th3.t he W3.S aWël.re of the
procedures and had been notified by the Po lice Department of each
violation. Since he hël.d no re3.son to doubt the po I i oe report.s, Mr.
Pogé1.tchnik ëlccepted the reports ëlcknowledging that noise violations did
occur on the following dates:
1. September 3, 1991 at 5:26 a.m.
'J September 15, 1991 3. t 1:28 a.m.
<..0.
3. September 15, 1991 at 2:30 a.m.
At this time, t.he renters, MiKe Leuthner and Mike Alwaes spoke on their
behëllf. On September 3, 1991 they stated that they had a I i owed out of
town guests to s tël.y at their house, and it was the guests who were in
violation of the noise ordinance. Po lice Chief Lindgren stated that
because they accepted the visitors as guests they were sti II
responsible for t.he noise vi 013. t i on.
\.J it h all the evidence presented, Loso m ëI. d e a motion acknowledging that.
three (3 ) sepël.rate noise viola.tions did occur ëI.t 34 - 1st Ave SE.
They are as follows:
1. September 3, 1991 at 5:26 a.m.
2. September 15, 1991 at 1 :28 a.m.
3. September 15, 1991 at 2:30 3.. m.
The motion was seconded by HëI.zen.
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 4:0:0
Page 1975
Loso made a motion to suspend the 1991-1992 rental license of Joe &:
E i I een Pogatchnik, 34 - 1st Ave SE, for a period of sixty (60) days.
The suspension wi I 1 be stël.yed provided t hël. t their are no additiona.l
noise violations during the 1991-1992 license period. Additionally, a
four hundred twenty five do I I ar ($425.00) fine wi I I be imposed to cover
the City costs of the hearing, including the Attorney's b i I I , $150.00,
and po lice time, $75.00. The fine is also to include one hundred
dollars ($100.00) per noise violation. The motion was seconded by
Hazen.
Discussion: MëI.yo r Dehler felt t hël. t the fine \I/as too severe.
Councilor Rieke concurred.
Loso ëI.mended the motion to suspend the 1991-1992 rentël.l license for a
period of sixty (60) dël.ys ëI.nd impose ëI. three hundred do I I ar ($300.00)
fine, reducing the noise violël.tion fine to $50.00 for each and the
Attorney's fees to $125.00. The 'amended motion was seconded by RieKe.
Ca II for vote on amended motion
Ayes: De hie r, Rieke, Loso, Hazen.
NëI.yes: None. Motion CëI. r r i e d 4:0:0
Ca II for vote on motion as ëI.mended
Ayes: Dehler, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 4:0:0
Buildinl'! Ordinance Chanl'!e: City Building Official Ron Euteneuer
presented the Counc i I with a list of proposed Ordinance changes.
Before further discussion, these changes wi I I be forwël.rded to the
Planning Commission for their recommendations.
Clerk/Adm Reports
Park Sil'!ns: The no parking signs along the Southwest side of Centennial
Park wi I I read: "No Parking between the hours of 10:00 p.m. and 9:00
a... m.. , violators wi I I be towed. " The hours of no parking \1/ i I I coincide
with the hours the park is available for pub I i c use.
Hil'!hwa.Y Maint Al'!reement: The City wi I I receive $800.00 per lane mile in
1991 for highway maintenance as per ëI.g r eemen t.
Fence Request: In an effort to contain materials on the North side of
Stueve's GëI.rage, that portion facing the City Offices, Dennis Stueve is
reglJest i ng the Council to a I low the MëI.intenance Department to put the
poles in the ground for his fence. Once the posts ëI.re in place, he
\,¡ i I I construct the remaining portion of the fence. Loso mël.de a motion
to table the matter 1,.mti I the fence ord i nël.nce is approved and both the
Attorney ëI.nd Public \-Jorks Director have been contacted for opinion.
The motion Wël.S seconded by HëI.zen.
Ayes: Dehler, RieKe, Loso, Ha.zen.
Nayes: None. Motion Carried 4:0:0
Page 1976
Easement Permit: Reggie Armstrong, 117 - 7th Ave NW is requesting
permission t.o erect a fence Ò.cross t.he utility easement behind his
property. Before further discussion, the Counc i I would like more
informat.ion from Dick TëI.ufen, Pub I i c Works Direct.or.
Incident Report: The City has been notified by Dorothy Gi I es providing
formal notice of her injury and potential claim ò.gainst the City of St.
Joseph. Ms. G i I es fe I I on the side walk infront of 29 West Minnesotò.
Street.
Adjourn; Hazen mò.de a motion to adjourn a.t 10:09 p. m. ; seconded by
Loso.
Ayes; Dehler, Rieke, Loso, Hazen
Nayes; None. t10tion Carried 4:0;0
~r~4~
Deputy Clerk