HomeMy WebLinkAbout1983 [01] Jan 06
January 6, 1983 1145
Pursuant to due call and notice thereof the City Council of the City of st. Joseph
met in session on Thursday, January 6, 1983 at 7:30 p.m. in City Hall.
I Members Present: Mayor Hugo B. Weyrens; Councilmen: Herman Schneider, Bud Reber,
Steve Dehler, Mike Husen; City Clerk, Bob Johnson; City Treasurer, Leo Sadlo;
Mayor-Elect Mike Loso.
Mayor Weyrens opened meeting at 7:30 p.m. City Clerk, Bob Johnson administered
the oath of office to Mayor-Elect Mike Loso. Mayor Weyrens presented the
gavel, keys and name plate to Mayor Loso and vacated the chair. The newly
elected Mayor Mike Loso assQ~ed the chair.
Treasurer Report: City treasurer, Leo Sadlo,presented the mo~thly fund and investment
report. A motion was made by Dehler seconded by Reber to approve treasurer's
report as presented.
Ayes: Loso, Solmeider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Minutes: The Council minutes of the December 16, 1982 meeting were approved on
motion by Schneider seconded by Dehler.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Bills: On motion by Schneider seconded by Reber the Council approved payment of
- bills as ~resented.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
I 1983 City Appointments: A motion was made by Dehler seconded by Reber to approve
the following appointments for 1983:
1. Acting Mayor: Herman Schneider
2. Police Commissioner: Mayor Loso
3. Weed Control Commissioner: James Marthaler
4. Asst. Weed Control Commissioner: Mayor Loso
5. Planning Commission Liaison: Mike Husen
6. Water & Sewer Liaison: Herman Schneider
7. Recreation Liaison: Bud Reber
8. Park Board Liaison: Bud Reber
9. Street Commissioner: Steve Dehler
10. Joint Planning & OAB: Mike Husen, Ben Kremer
11. APO Executive Liaison: Mayor Loso
12. APO Full Board: Mayor Loso, Steve Dehler, Ben Kremer
Alternates: Herman Schneider, Mike Husen, Hub Klein
13. Planning Commission: Tom Nahan, Sr. Kathleen Kalinowski
14. Downtown Renewal Assn.: Herman Schneider, Bud Reber
15. Police Interview Committee: Police Chief, Herman Schneider, Bud Reber
16. Forester: James Marthaler
17. Fire Advisory Board: Bob Johnson, Herman Schneider, Dick Taufen
18. 3 Member Health Board: Mike Husen, Bud Reber, Dr. Thomas Newton
19. Fire Chief: Dick Taufen
20. Asst. Fire Chief: Dave Theisen
- 21. Building Inspector: Roman Reber
22. Emergency Services Director: Dick Taufen
23. Official Newspaper: st. Cloud Daily Times
~ 24. Official Depository: First state Bank of st. Joseph
25. Housing Code: Roman Reber
26. Energy Committee: Roman Reber, Ben Kremer
i-I ¿j g
_~-.rU Schneider, Reber, Dehler,
Ayes: Loso, Husen.
Nayes: None Motion carried.
Cold Spring Lumber Variance: A motion was made by Schneider seconded by Husen to
approve the variance request of Cold Spring Lumber, Inc. as presented and I
recommended for approval by the City Board of Zoning Adjustment and Appeals.
The variance request was for 5' on the west lot line of Lot 9, Blk 1,
Wagner-Notch Addition. Zoning Ordinance 1982-A requires a 10' side yard
setback on the residence structure side. Exceptional conditions were cited
as a sanitary force main and gravity line are located approximately 10'
inside the east lot line of the above described lot.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Krebsbach Chev. Inc. Variance: A motion was made by Reber seconded by Dehler to
approve the variance request of Krebsbach Chevrolet, Inc. to erect a 7'x 7'
and 4'x 8' sign on a single standard at the Chevrolet agency site on Lot 13,
Blk 10, Townsite. The variance was recommended for approval by the Zoning
Board of Adjustments and Appeals. Zoning Ordinance 1982-A allows an area
of 50 square feet on one side of such signs.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Linnemann's Store Variance: A motion was made by Husen seconded by Schneider to
approve a variance request to erect a 8'x 8' sign on the rear of Linnemann's
Store located on Lot 8, Blk 9, Townsite. The variance was recommended for
approval by the Zoning Board of Adjustments and Appeals.
Voting for the motion: Husen, Schneider, Reber, Loso.
Abstaining: Dehler Motion carried.
Sno-Joes Gambling License: A motion was made by Reber seconded by Husen to approve I
the gambling license for the Sno-Joes organization for 1983.
Ayes: Loso, schneider, Reber, Dehler, Husen.
Nayes: None r.!otion carried.
J.C. 's Gambling License: A motion was made by Schneider seconded by Dehler to
approve the gambling license for the J.C. 's for 1983.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Snowthrower Purchase: The Council approved purchase of a snO\'ithrower for $200.00
on motion by Reber seconded by Dehler.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Seminars: A motion was made by Husen seconded by Reber to approve Mayor Loso's
attendance at the elected officials seminar in st. Paul on Friday, Feb.4,1983.
Ayes: schneider, Reber, Dehler, Husen.
Abstaining: Loso Motion carried.
Mayor Loso recessed meeting at 8:20 p.m.
Meeting was re-opened at 8:28 p.m. by Mayor Loso.
Bush Legal Fees Payment Request: (Attorney Frank Rajkowski was in attendance ln
the absence of City Attorney Tom Jovanovich - out of state.)
Police Chief Lorentz presented data on Randall L. Bush legal costs ln
current police investigation case. Requested Council consider payment of
patrolman Bush's legal fees in the case presently under arbitration.
11411
Patrolman Randall Bush also presented a request for payment of his legal fees
in the current investigation.
Councilman Reber stated he believed the request for payment of legal fees
I was out of order and the City tax payer should not be liable when the
enforcement of law may have been improper.
Councilman Husen expressed a belief that the City should fund both sides in
the police investigation case.
Mayor Loso called upon Attorney Frank Rajkowski to provide information regards
legal implications of patrolman Bush's request. Attorney Rajkowski reviewed
a letter to Mayor Loso from City Attorney Tom Jovanovich regards the matter.
The following information was presented:
1) The attorney could find no legal authority requiring the City to
pay a discharged employee's costs of legal representation in
contesting a discharge initiated by the City.
2) The City had decided to terminate Bush because of misconduct.
In terminating Bush the City has decided it is in the public
interest to terminate this individual because of his conduct on
the job. It would not seem that expenditures for Bush's attorney
fees would be in the public interest, expecially since the City
has already determined that it is in the public interest to
terminate him.
3) The Attorney General has also held that it is not legal to expend
money for a donation to any perscn not under the direct control
of the City government. If there is no legal obligation to pay
Bush's attorney's fees, it would then seem reasonable to conclude
that the City is not allowed to spend money fo~ Bush's representation.
Motion on Fees: A motion was made by Reber seconded by Schneider to deny the request
of Fatrolman Bush to have City pay his legal fees.
Voting for motion: Schneider, Reber, Dehler, Loso.
Voting against motion: Husen.
Motion carried.
Licenses: A motion was made by Schneider seconded by Reber to approve the following
licenses for 1983:
Frisky Bait Shop - 3.2 off sale, cigarette
Legion Club - 3.2 on sale, 3.2 off sale, cigarette, amusement
Hollanders Country Store - 3.2 off sale, cigarette
st. Joseph Liquor Shoppe - cigarette
st. Joseph Meat Market - cigarette
Loso's Store - cigarette
Versa-Vend Vending, Inc. - cigarette (for st. Ben's)
Linnemann's Store - cigarette
st. Joseph Self Serve - cigarette
stueve's Garage - cigarette
st. Joe Pharmacy - cigarette
Herk's Pizza - 3.2 on sale, cigarette, entertainment, 11 amusement
Bo Diddley's - 3.2 on sale, cigarette
Sal's Bar & Cafe - 3.2 off sale, cigarette, entertainment, 3 amusement
La Playette, Inc. - cigarette, entertainment, 6 amusement:
~ Midway Bar - 3.2 on sale, 3.2 off sale, cigarette, entertainment,3 amusement
EI Paso Club - 3.2 on sale, 3.2 off sale, cigarette, entertain. , 2 amusement
Kay's Kitchen - cigarette, entertainment
- Voting for uoticn: Schneider, Reber, Husen, Loso.
Abstaining: Dehler Motion carried.
-f -I /; Q
, l L{
_0_ _ _ C.J Council Reports: Councilman Schneider: Reported land used for sludge deposit
must be approved by PCA by 1984. Land to be leased for summer use.
Councilman Reber: Hockey rinks reported not open as yet due to warm
temperatures. Other skating rinks have been flooded and are usable. No I
hockey will be permitted at baseball park without special approval.
"-
Councilman Husen: Transportation Committe~ of the APO to meet January 12
in Tmmship Hall at 8: 00 p. m. APO Land Use Committee in st. Cloud Jan. 26
at 7:30 p.m.
Councilman Dehler: Requested City send letter to stearns County to consider
speed adjustment on County Highway #75 to 45 miles per hour. (50 mph now)
Bush Unemployment Compensation Hearing: A motion was made by Reber seconded by
schneider to approve Attorney Fred Grunke and City Clerk Bob Johnson's
attendance at a scheduled hearing in st. Paul on Patrolman Bush's appeal
in the unemployment compensation payment case.
Ayes: Loso, schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Workshop - st. Cloud: A motion was made by Dehler seconded by Reber to approve
the City Clerk's attendance at a 2>f day seminar in st. Cloud on January 11,
12, & 13 relating to information systems.
Ayes: Loso, Schneider, Reber, Dehler, Husen.
Nayes: None Motion carried.
Mayor Report: Mayor Loso requested Council check city policies contained in their
files. Prepare for review and examination of policies in near future.
Arts Visibility Committee: James Landwehr, Connie Cross, director of public
information at st. Benedicts and walt Bruns, president of First State Bank,
were present.
The group presented information regards the establishment of a fall arts
festival. plans are tentatively set for such festival to be held on Oct. 2,
1983. Some highlights: local artists (and others), students, teachers,
etc. to display and sell art. Theater, mUS1C, ethnic foods, etc. An
affair similar to the Renaissance Festival. Expected attendance: 5,000 -
7,000 people. The group indicated a grant of $1,500.00 would be available.
The College would contribute $2,000.00, st. Joseph Development Corp.-$200.00.
The Chamber of Commerce contribution was not known at this time. The group
requested the city contribute $1,500.00. The matter was tabled until the
next Council meeting contingent upon additional information coming from
James Landwehr. The group also indicated no alchoholic beverages would be
sold at the festival.
Building Inspector: Roman Reber, building inspector, presented several questions:
1) Sign fees (according to old schedule).
2) Metal building restrictions question in residential areas. (Plan and
inspection determination.)
Adjournment: The meeting was adjourned at 9:30 p.m.
&~~, -
-
City Clerk