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HomeMy WebLinkAbout1996 [06] Jun 20 Page 2975 June 20, 1009 lursuant to due call and notice thereof, the City Council for the Cily f St. Joseph met in regular session on Thursday, June 20, 1996 at 7¡ØØ . t!. in the City HalL I MEMBERS PRESENT: Acting Mayor Ross Rieke, Councilors Bob Loso, Ken Hiemenz, Cory Ehlert, Clerk/Administrator Rachel Stapleton. Mayor Donald Bud Reber was absent. I OTHERS PRESENT: Judy Weyrens, Brad Lindgren, Joe Bettendorf, John ! I Scherer, Dave Theisen, Ellen Wahlstrom, Bob Wahlstrom, Gary Heltemes, Nancy Ehlen, Marje Moore, Jodi Feder, Wendy Verkinnes, Aloys G. P£annensteìn~ Virginnia PíannensteinJ Rich Feneist Jessica Feneis~ Bev Moore, Bob Krebsbach, John Folk, Bob Feuling, Jim Groere, Steve Frank, , . I I Mary An n Graeve, Art Reber, Dick Loso, Tara Ploumen, Mike Deutz,Mark Zimmer. Acting Mayor Rieke called the meeting to order at 7:00 P.M. with Councilors Lo so, Hiemenz, and Ehlert present. AGENDA: Loso made a motion to approve the agenda, seconded by Ehlert. Ayes: Rieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carried. IONSENT AGENDA: Loso made a motion to approve the Consent Agenda as allows, seconded by Ehlert. 1. Minutes of the June 6, 1996 and June 11, 1996 Council meetings. 2. A Work Study Agreement between City of S t. Joseph providing for workers. St. John's University and the :r::r:o::l:::::S::Ps::~sS:::~lt for On-sale, On-sale Sunday, ~nd i 3. A transfer of liquor licenses Inc. d/b/ a/ Sal's Sports Tavern, Off-sale. Ayes: RiekeJ Loso, Hiemenz, Nayes: None. Ehlert. Motion carried. BILLS PAYABLE CALLOUTS AND OVERTIME: Deputy Clerk Judy ~eyrens presented the b ills payable, overtime and callouts. After short review Loso made a motion to approve bills payable check numbers 22590 - 22623, overtime and callouts as presented, seconded by Ehlert. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. MAYOR REPORTS: Acting Mayor Rieke reported Mayor Reber was unable to ItteOdthe meeting due to family needs. OUNCILORS REPORT RIEKE: CORE is in summer hiatus. EHLERT: 1) Ehlert indicated he is working with Floral Arts owners to Page 2976 June 20, 1009 resolve s orne issues. 2) Ehlert questioned ix the City would be advertising the 4th of July Celebration. Council generally felt advertising is done by the Church and the organizations. I LOSO: 1) At the League of Minnesota Cities annual conference the League infor med the Cities that dues will be going up over the next three years by 27. the first year and 37. the following years, maximum. 2) The League ox Minnesota Cities will support and represent the cities in the US West Right-ox-Way issues. This matter is in court to allow US West (and other public or private utilities) much greater allowances in using easement areas. Our portion ox th e cost to the League xor this service will be $414.00. 3) Loso thanked those individuals that attended the June 14 softball event celebrating the St. Joseph Recreational Association's twentieth anniversary. HIEMENZ: 1) The Marketing Committee, a sub-committee oÍ the Star City Committ ee has prepared a marketing brochure with an estimated cost of $5,500. The St. Joseph Chamber of Commerce agreed to donate $1,000 to this càuse and the committee is seeking other donat ions. The Committee is requesting to contract with the Elnesses for this I marketing packa ge. Hiemenz made a motion to approve a contract with the Elnesses at a cost not to exceed $5,500, with $3,500 from the Star City budget. The motion was seconded by Ehlert. Ayes: Hiemenz, Ehlert. Nayes: Loso. Rieke abstained. Motion carried. 2:1 2) Hiemenz questioned if the bills are being paid on the Brian Klinefelter Mem orial Park. He understood that a bill was not paid by the City. Loso indicated it was bei ng directed through the proper channels for consideration. Ehlert indicated there may be some memorial funds available to cover these costs. FIRE CHIEF REPORTS: Chief Dave Theisen presented proposed updated by- laws for the Fire Department. He indicated most of the changes were gender sensitive, adding "a nd Rescue" to the name oX the Fire Department and to increase the number of members from 30 to 32. He would like date and signature lines at the end of the document also. Chiex Th eisen stated he would like the Council to pass this updated document so he may begin the pr ocess ox hiring¡two new members. Council discussed the added requirements and liability the proposed increase in number oX members would impose on the City. After short discussio n Loso made a motion to approve the updated by-laws, with the maximum number o£ members to remain at 30, and upon the review and approval by the City Attorney. If the Attorney has re commendations I for substantial changes this approval may be revisited. The motion wa second ed by Hiemenz. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CITY ENGINEER REPORTS: 1) Joe Bettendorf, City Engineer, presented an I I I Page June 20, overview of costs for a Third Avenue ME Improvement project. is proposed at $36,600. 2977 1009 I i Total cost 2) Information was sent to the residents on County Road 133 between Minnesota Street and Highway 75 concerning their need for water and sewer. The Wahlstroms would like sewer, but will get it from I behind their property. Harvey Notch would like sewer service but coufd wait awhile. Bettendor£ will write Mr. Notch a letter stating the City's rec~mmend ation is to wait until it may be incorporated into alwhole proJect. ¡ 3) St. Wendel Township is conducting a study on providing sewer service to the ir residents. The analysis may include consideration o£ a temporary connection, using St. Jo seph sewer interceptor as a I short term connection for perhaps ten years, until a connecti on could be made with St. Cloud directly. Council discussed ¡the problems that may result, and difficulty in discontinuing this service at a timelwhen St. Joseph may need the sewer spa ce, or at the end of the term, if another connection is not yet in place. After some discus sion Loso made a motion to respond that the City of St. Joseph has substantial reservations a nd is hesitant to consider this proposal. The motion was seconded by Hiemenz. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 4) Bettendorf discussed the status of acquiring right o£ way £or future 12th Avenue extension. I 1 . pr¡opert~es , I ¡ 5) Loso made a motion to approve calling for bids for well number 5 as previously proposed, and included in the financing of the Water Improvement project, seconded by Hi emenz. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. I ENVIRONMENTALLY SENSITIVE BUFFER ZONES: Ellen Wahlstrom appeared be£ore the Council to request buffer zones of filtering trees Ibe planted to provide for those reside nts located between East Mi'nnesota Street and County Highway 75. She requested trees are planted ion East Minnesota Street, on the south border o£ the Roske property, arid on County Hig hway 75. Hiemenz indicated the City has interest iri planting trees and considered bee om ing designated Tree City USA. Rieke expressed interest in receiving the request: and increasi Ing the Council's awareness of the need for trees. Loso reminded thos~ present that t he Roske property is jointly owned by the Township. The¡y have a voice in matters that concern the Roske property. Loso request1ed Wahlstrom layout the specifics o£ her request for further revi~w and consideration by the City. Hiemenz suggested she may contact membe rs o£ the Chamber o£ Commerce £or assistance also. PUBLIC COMMENTS: Steve Frank recommended the Planning Commissi'on and Park Boa rd jointly meet to consider this issue and other plann~ng needs such as methods of traf£ic man agement. He also discussed sensitivity issues. I ~) Steve Frank requested the City remove speci£ic temporary sigps £rom i I Page 2978 June 20, 1009 the utility poles advertising summer jobs, as he felt it was a scam. I The City Attorney indicate d the City employees could remove the signs. 3) Frank stated he had discussed environmental impact or analysis statements with other Minnesota City officials. They had indicated to him that having these environ mental studies done is very common. City Engineer Joe Bettendorf agreed and indicated that normally there will be something in a project that will trigger that type of analysis. Mike Deutz indicated the need for residents on the fringe areas to be aware and involved with the local community planning. Acting Mayor Rieke recessed the meeting at 8:25 P.M. for 15 minutes. Acting I'!ayor Rieke reconvened the meeting at 8:40 P.M. HIRE POLICE OFFICER: Chief Brad Lindgren presented Steven Fisher as the candidate recommended by the Hiring Committee, after review of 35 applications and inter view of 15 candidates. Loso made a motion to accept the Hiring Committee's recommendation, outfit the new officer according to police policy, after positive results are received from all the tests of the new officer. The motion was seconded by Ehlert. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. I Lindgren also reported the Hiring Committee recommended to the Council to not retain any eligibility list of the top candidates for future hiring, because the top rate d candidates get hired by other agencies. They recommended to go through the entire proces s of advertising, rating, and interviewing each time there is need to hire a new of ficer in order to get the best available candidate at that time. Hiemenz made a motion to support the Hiring Committee's recommendation as presented by Chief Lindgren; seconded by Ehlert. Ayes: Rieke, Loso, Hiemenz, Ehlert. Mayes: None. Motion carried. OUTDOOR LIQUOR PERMIT: Mark Zimmer appeared before the Council to request an Outdoor Liquor Permit for a Zimmer family reunion, July 13,1996 at the La Playette. He indicated there would be no outdoor music, but tables and chairs for people to sit outside to eat and visit. He also requested the requirement to apply 30 days before the event be waived. Ehlert made a motion to approve the permit to allow the event as proposed; seconded Hiemenz. Discussion - Loso questioned if a waiver of the 30 days is included in the motion, to which the Council members agreed. Ayes: Rieke, Loso, Hiemenz, Mayes: None. Ehlert. Motion carried. I Mark Zimmer requested the Council further consider the criteria and requirements of the Ordinance for allowing outdoor liquor permits as a whole. City Attorney John Scherer presented the history of outdoor liquor permits, current requirements and a proposal for allowing the I I I Council to set some terms and conditions on a case i Page 2979 June 20, 1009 by case basis. I Loso indicated the applicant should provide documentation of contact and approval of the residents in the surrounding area, prior to coming to the Council. 1 , Zimmer indicated encroachment on the alleys has been allowed in the past, and may be allowed by the Council. I Rieke stated the fee does not cover attorney costs, and this may be a matter for consideration. ! Ehlert recommended and the Council concurred to turn this matter over to a committee oÍ Ehlert, Chief Lindgren, Zimmer, Scherer and other interested persons. This co mmittee will work out proposed language and report to the Council. . i TOBACCO CONTROLS: Jodi Feder oÍ Tri-County ASSIST informed thelcouncil the gro up is a local coalition on tobacco with emphasis on youth access issues. She stated they did compliance checks on selling of tobacco products to youth in St. Joseph with 227. selling. She!passed out information on it. She recommended instituting a method of rewarding retailers for not selling to minors and to raise the!$24 licensing £ee. ¡ i Tri County ASSIST members Marge Moore, a Public Health Nurse of many years, Wendy Verkinnes, and N9ncy Ehlen presented statistics and information on the efÍects and dangers of teenage smoking. Th~y encouraged the City to pass the proposed ordinance and increas~ the fee to $100. They also recommended imposing a local Íine as a pe nalty Íor furnishing tobacco to minors. They were encouraging controlling displays of tobacco, and wanted to get rid of tobacco displays laway Írom the counter. St. Cloud has allowed "point of purchase" d~splays. Dick Loso indicated some facilities would require major ChangeJ to allow only point of purchase sale, but the retailer still has ~trong cont~ols on the products. i I Aloys PÍannenstein stated they have their cigarettes well contJolled, but if the fee would raise to $100 per year he probably would I discontinue the sale oÍ cigarettes as a service for his customers. Councilor Loso stated the fees Íor permits are established to qover administrative costs and should reflect the costs, not set arbitrarily. Mark Zimmer discussed vending machines in liquor businesses whJre minors patronize it only Íor eating normally, and are accompan{ed by parents. Zimmer felt this was a secure method oÍ selling ciga~ettes. I He also Íelt if the license were raised extremely high no one would sell cigarettes. Bob Krebsbach stated the retailers have the same concerns as T~i County , ASSIST , and trying to work together to solve these problems. IThe retailers have concerns of theÍt and minors smoking. He felt that the I Page 2980 June 20, 1009 I retailers are sincerely trying to control minors ge tting tobacco, through theft control and training. Bob Feuling felt some ordinances are difficult to enforce, and it is better to have enforceable ordinances. Council agreed to have a committee of retailers and Tri County ASSIST along with Councilors Rieke and Loso meet and make a recommendation to the Council at a future meeting. COBMUNITY EVENTS SIGN: John Scherer agreed that Rich Feneis has made the changes to the contract that Scherer had recommended. Loso made a motion approving a contract with Feneis Enterprises, Inc. to broker a community events sign for the City's future use, for which Feneis will be allowed to sell, rent, lease, or otherwise transfer rights to the Tri-Vision Graphic Display. Sign. The brokerage period is forty five days, for Feneis to contract with advertisers. Should the advertising be filled the sign will be constructed an d donated to the City, with Feneis retaining the advertising rights for fifteen years. The City will retain a portion of the sign for displaying community events. The motion was seconded by Hiemenz. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Acting Mayor Rieke extended the meeting for fifteen minutes at 10:00 P.M. I ANNEXATION PETITION AND RESOLUTION: City Attorney John Scherer informed the Council the County has executed a petition to annex that portion of Highway 75 that is wes t of 91st Avenue and in the Township. Loso made a motion to approve a petition to annex the Roske property as joint owner of the property and request the Township join us in th e petition to annex. Included in the motion is approval of an amendment to the orderly annexation agreement to annex Highway 75 west of 91st Avenue to Third Avenue NE and all of the Roske Addition. The motion was seconded by Ehlert. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. CITY ATTORNEY REPORTS: City Attorney John Scherer reported 1) One method of verifying students addresses would be voter registration lists, because they are public information. This is assuming particular residents have registered to vote. It may be cumbersome and time consuming. 2) The Council asked for recommendations on controlling noise violations in May. The ordinance currently provides for suspension or. revoking of the rental license. Current policy allows for a hearing 0 the second violation. The policy could be changed to require hearing on the first violation. If timing were an issue a special meeting cou ld be held. Scherer also informed the Council, as Chair of the Alumni Association for St. John's University he is working through that role on student I I I Page June 20, 2981 l'Ø09 control. Gar Kellom exp ressed concern with the St. ,Joseph this spring. , student problJms in CLERK/ADKINISTRATOR REPORTS AMERICAN LEGION AWARD: The Sixth District American Legion gave an award to the City of St. Joseph honoring Brian Klinefelter. This award will be displayed by the City. I 1997 BUDGET: The proposed 1997 budget schedule was reviewed artd approved with a motion by Loso¡ seconded by Hiemenz. I Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. : Nayes: None. Motion carried. SNOW REMOVAL SIDEWALKS: Hiemenz made a motion to approve the following resolution, seconded by Loso. i BE IT RESOLVED THAT THE CITY COUNCIL FOR THE CITY OF ST JOSEPH,I MINNESOTA discussed, considered and approved installation of sidewalks , ' on the south side of East Mi nnesota Street and include them in a Public Safety Sidewalk district, at the May 6, 1996 City Council meeting. The Council agreed that the City would be responsible for snow removal on these sidewalks. NOW THEREFORE BE IT RESOLVED THAT snow removal from the sidewalks on the south side of East Minnesota Street from the41Ø West Minn&sota Street (Senior Apartments) to 91st Avenue will be the responsibility of the City. Ayes: Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. G.O. WATER REVENUE BONDS: Ehlert made a motion to approve a supplemental resolution relating to $780,00Ø General Obligation Water Revenue Bonds of 1996, providing a maturity schedule of the pu~chaser, including term bonds as provided for in the Offi~ial Notice of I Sale. This maturity schedule provides for a sinking fund for bonds r~tiring on December 1 , 2016. The motion was seconded by Loso.i Ayes: Rieke, Loso, Hiemenz, Ehlert. i Nayes: None. Motion carried. STREET LIGHT: Hiemenz made a motion to approve changing the street light pole on Ninth Avenue SE and Minnesota Street to fiberglass at a cost of $6Ø5.95, giving credit for existing equ1pment The mot10n was secon~;=s ~y R~~~:~\oso, Hiemenz, Ehlert. . '. I . Nayes: None. Motion carried. 1 FIRE HALL - ARCHITECTS FEES: Loso made a motion to approve the payment of $7, 5540 for schematic design to Hagemeister and Mach Archi~ects, Inc; seconded by Hiemenz. Discussion - This bill was presented to the GSJAC, June 18, 1996. St. Joseph Township will jointly share ~his cost. I Page 2982 June 20, lØ09 Ayes: Rieke, Loso, Hiemenz, Nayes: None. Ehlert. Motion carried. I NORTHLAND: Complaints have been received concerning construction traffic at the entrance to Northland. Council requested the City Attorney review the Developer's Agreement and minutes of the meetings approving Northland, for ways to control construction traffic. ADJOURN: Ehlert. Ayes: Rieke, Nayes: None. Hiemenz made a motion to adjourn at 10:29 p.m.; seconded by Losoþ Hiemenz,. Ehlert. Motion carried. Rachel Stapleton Clerk/Administrator I I